Bylaw battle in full force
City, zoning opponent at odds over procedures

Terry Kruger
Northern News Services

Yellowknife (Mar 31/00) - What hopeful hotel developer Vaughn del Valle considers an attack on democracy, Mayor Dave Lovell calls plain old grandstanding.

And it's all over the city's proposed zoning bylaw -- a bylaw that will be back before council April 10 when Coun. Bob Brooks will ask his colleagues to reconsider second reading of Bylaw 4024, that spells out the city's zoning. If the motion passes, new public hearings could be held.

On Monday, del Valle challenged council's handling of the bylaw that will virtually end his chances of developing a 48-room hotel on Back Bay. It was his second trip before council in as many meetings. On March 13, he unsuccessfully tried to table a petition supporting his hotel proposal. At that time, council said that because the bylaw had already passed the public hearing stage, no new submissions could be received without starting the process over again.

"Repeatedly over the past 12 months, the planning and lands department and this council have referred to rules governing the zoning bylaw process," del Valle read from a prepared statement. "However, whenever we followed the rules, we were told new rules now applied.

"Each time we jumped through the new hoop, another was produced."

del Valle documented a number of what he considered breaches of rules governing council procedures.

He accused the city of failing to meet its responsibility of informing the public about meeting times and dates and that because of that, all decisions made at those meetings should be considered invalid.

"The fact is, Caroline and I had no idea until a chance meeting with Councillor Brooks, Friday, March 10th, that the second reading of the zoning bylaw 4024 was even planned for the Monday, March 13th council meeting," said del Valle.

Members of council bristled at some of del Valle's allegations, especially Coun. Kevin O'Reilly who, along with the mayor, was the subject of personal criticism.

"I refuse to accept the allegations aimed at me," said O'Reilly.

del Valle also called on Lovell to resign.

Soon after, council voted to end del Valle's presentation at eight minutes. Council allows five minutes for a presentation and anything longer than that requires the support of council. His statement was given to the city so his concerns could be reviewed.

After the meeting, del Valle said he was prepared to take his complaints to the minister of municipal and community affairs, and farther, if necessary.

"There's always the Supreme Court."

Lovell dismissed del Valle's allegations as a blatant attempt at embarrassing the council.

"It really, truly has gone through the process legally," said the mayor. "It's my belief the requirements of the law were met."

He was concerned that del Valle's "grandstanding" will cast a pall over the bylaw.

"Whether he's right or wrong, there will always be a taint to it."

The city has responded to the allegations with a three-page press release, outlining where and when meetings were advertised -- in the newspaper, on the city's Web site, on radio and in flyers sent to households.

"The city also sent a courtesy letter directly to Mr. del Valle on Dec. 31, 1999 advising him of the upcoming public hearing and invited him to make a presentation at it," said the statement prepared by city clerk Tim Mercer.

As well, the city noted del Valle made a 40-minute presentation during the public hearing.

"In total, Mr. del Valle has submitted in excess of 100 pages of written information and (has) spoken for over three hours on the proposed zoning bylaw no. 4024."