The city has put off zoning which would allow for the development of a controversial concrete batch plant near McLean Lake.

When the rezoning bylaw that would label the property off McLean Lake Road as Quarries restricted came forward for first reading at Monday evening's city council meeting, Coun. Doug Graham made the motion that it be postponed.

His fellow council members quickly raised their hands to vote in support. No date was set for when it will come back to council.

"We'll take the time to do it right,” Graham said in an interview following the meeting.

The issue over zoning for the batch plant has been several years in the making with repeated opposition from nearby residents in the forms of petitions, council presentations and court cases.

The most recent court decision was handed down by the Yukon Court of Appeal. It favoured the McLean Lake Residents Association, finding that for a batch plant to be permitted on the property, there had to be a limitation that would require the plant to cease operation once quarrying in the area ends.

The bylaw that was brought forward for a vote last night would have included the time limitation on the operations to end when quarrying around the McLean Lake does too.

Skeeter Miller-Wright led much of the citizen-led opposition to the batch plant and represented the residents' association in court. Last week, he questioned whether the city could even require private property owners to return their land to a natural state as was set out in the proposal.

At that time, he had only had a chance to skim through the bylaw, but also suggested it include a definition for active quarrying. He stated the city would likely be required to provide compensation for the property owner and that the amount of compensation should be defined.

While there was no discussion about the postponement leading up to the vote, Graham explained council members want to make sure any issues are dealt with prior to moving ahead with the zoning bylaw.

While the most recent court decision points to setting a limit on the plant operation, as Graham noted: "But it's private property.”

Before considering the bylaw again, the city will look at it again to ensure it can meet any legal issues.

Graham also responded to Miller-Wright's presentation made earlier last night when he asked for a public debate on the matter between himself and a council member or city staff.

While Graham said he would love to be part of such a debate, he also laughed and noted his fellow council members might not let him.

"Who would benefit?” he questioned.

Miller-Wright argued his proposal for a debate would help solve a mystery – why the city opposes the views of residents and continues looking for ways to allow the batch plant.

"Let's solve the mystery of why the city opposes the public interest,” he said in addressing council, citing the $200,000 the city has spent in legal fees on the matter over the years.

This morning, Miller-Wright reiterated he'd be willing to debate the matter with either a member of council or city staff, recognizing there might be a political concern with a council member participating.

"Residents' concerns are not being answered,” he commented.

The rezoning is off the table for now, but Miller-Wright said he hopes the city considers all the potential ramifications of its decision on the batch plant.

Though it remains unknown whether the rezoning will come back to council before or after it adopts its revised Official Community Plan, Miller-Wright also reiterated his worry that permitting the rezoning to go ahead prior to that is preempting the process for the document which acts as a guide for city planning.

Territorial Contracting's Ron Newsome could not be reached for comment by press time this afternoon.