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Disputed land could soon be sold
Council members admit sale of Brock Drive right-of-way not the perfect solution

Terrence McEachern
Northern News Services
Published Friday, October 1, 2010

SOMBA K'E/YELLOWKNIFE - City council has stepped in with a plan to put an end to a dispute between two neighbours in Old Town over a portion of land.

At the Sept. 27 council meeting, councillors voted in favour of Hendrik Falck's proposal to purchase a portion of Brock Drive, a vote which disappointed Falck's neighbour Adrienne Jones. One more vote is needed to approve the sale.

"It's only a matter of time before another accident occurs on that corner, especially since that road is also a tourist attraction," said Jones at the meeting.

"If the city approves this land acquisition, (it's) sending a clear message that community traffic and safety takes a back seat.

"Is the city willing to deal with the implications and liability should a more serious accident occur?"

Jones said three vehicle accidents have occurred at that corner, but a city administrator at the meeting claimed there hasn't been any reports of an accident at that spot.

Jones said the front 10 metres of the Brock Drive right-of-way that extends past Ragged Ass Road is unsafe for parking and the occupation of that space contributes to congestion on the road, especially when water and sewage trucks pass, making it unsafe for motorists.

Falck lives at the corner of Ragged Ass Road and the Brock Drive extension. He not only has a vehicle parked there but also has a garden and a basketball net over the disputed city-owned land.

"This land, that is part of the Brock Drive right-of-way, has been used by the last four owners of this property, including ourselves, for a parking lot (and) a garden. It's not new," Falck said before council.

"This was fine until our new neighbours moved in a couple of years ago," said Falck on Sept. 29. He said the original area designated for parking was taken away when Ragged Ass Road was widened in 1997.

Jones questioned the amount of land the city seems willing to sell to Falck. She said he only needs 5.2 metres by 5.6 metres for parking.

The first and second readings of a bylaw unanimously approved by council would allow for the sale of a 5.2 metre by 32 metre area of land to Falck at "fair market price" that divides the Brock Drive extension in half. The other half is being proposed for rezoning from residential low density to nature preservation. This would protect a 25 metre trail that leads through a wooded area and eventually to Great Slave Lake. The city has scheduled a public hearing on the rezoning issue for Oct. 12.

Falck said it's unfortunate his neighbours are opposed to the proposal, but he said he's pleased a solution the city can accept is going through the process of becoming permanent. Coun. David Wind said at the meeting it was disappointing a dispute between neighbours had come to a point where it needed to be resolved by council.

"It's not the perfect solution, but I don't know if the perfect solution exists," he said.

The solution, Wind said, was "reasonable and fair." Coun. Bob Brooks agreed the solution wasn't perfect, but the "best one."

Brooks said the road was deemed safe by the fire department and delivery companies that use the road. Jones could not be reached for further comment.

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