SOMBA K'E/YELLOWKNIFE - Making sure development moves forward on the former Bartam Trailer Park site is more important than prosecuting the controversial developer who built an illegal fence around it, said a city official after it was learned a charge against the developer was stayed.

The charge, laid last fall after Nova Builders erected a nearly two-metre fence on the School Draw Avenue property without obtaining a development permit from the city, was stayed last Thursday.

"We think there are some grounds to try to reconcile some of the differences that we're having on the property (outside of court)," said Jeff Humble, acting city administrator and director of planning and lands.

Humble said Nova Builders will be submitting a second application for a development permit for the fence's construction in the next few weeks - nearly eight months after the fence was built. The application will go before council on either June 22 or 28 if all goes well, said Humble.

Nova Builders, owned by Edmonton-based developer Mike Mrdjenovich, has had numerous run-ins with the city over the years. In this most recent case, the company built the fence last September and then applied for a development permit, which was rejected after the city objected to its height. It wanted either a portion of the fence removed from the front yard or the fence's height reduced.

Humble said there are other issues about the area the city wants to work out with Nova Builders rather than concentrate on the issue of the fence.

"The property was scheduled for development some time ago and those conditions haven't been fulfilled," said Humble.

The 2006 purchase agreement between the city and Nova Builders called for construction to be completed on the site before Dec. 15, 2008. Even though construction is well past that deadline, Humble said the city still hopes to see that land put to use.

"The city wants the property developed," said Humble.

He described the fence issue as a "trivial situation in relation" to having something constructed on the site. In the past, Nova Builders have said it plans on building a large apartment building on the spot.

Bringing the issue of the fence before council instead of before a judge will also allow Nova Builders to make a presentation on its vision for the property, and give opportunity for residents to speak out as well on any issues they may have with the project, according to Humble.

The fence was originally constructed after concerns were raised by members of the public about a large pile of debris that was dumped on the site by Nova Builders, also in violation of the city's zoning bylaw.

The pile was there for weeks, but now all that lays behind the fence is a pile of dirt and a bunch of empty space.

Calls to Mrdjenovich were not returned by press time.