City councillors raised questions with raised eyebrows Monday evening as they prepared to entertain another bylaw application by Territorial Contracting at the McLean Lake Quarry.

Delegates for and against the development of a concrete batch plant and eventual gravel quarry spoke to council, before the council members themselves wondered aloud whether another lawsuit is around the corner.

Territorial Contracting had previously applied for a rezoning of 14 hectares of land at the McLean Lake Quarry.

The bylaw was approved last February, but was struck down by Justice Ron Veale of the Yukon Supreme Court in August because it contravened the Official Community Plan (OCP).

The OCP provides guidelines for how city land is to be used in accordance with residents' wishes, city growth and resource availability.

The latest is an application to rezone four hectares for a concrete batch plant, which is acceptable under OCP guidelines, though Territorial Contracting representatives said the gravel quarry is in the company's sights.

Skeeter Miller-Wright, a member of the McLean Lake Residents Association, asked council Monday night not to revisit any application from Territorial Contracting to set up shop at McLean Lake

'This is a misuse of council's time, city staff's time, the public's time and taxpayers' money,' he said.

Paul Inglis, of Access Consulting, on behalf of Territorial Contracting Ltd., also appeared at the council meeting to clear up the intention of the bylaw application.

'They will be moving forward with the hydrogeological and hydrological assessments,' he said. 'We need to move. We're starting with the concrete batch plant, but that batch plant is not gravel extraction.

'All Territorial Contracting is doing is the application for the batch plant.'

Coun. Dave Stockdale asked if Territorial Contracting will apply for a bylaw permitting gravel extraction in the future.

Inglis answered yes, and said the company is carrying out the hydrogeological and hydrological assessments, as required by Justice Veale's ruling.

City council gave first reading to the McLean Lake quarry zoning amendment bylaw to zone the four-hectare parcel from FD-Future Development to IQ-Quarries, which allows concrete batch plants.

'Have our lawyers looked at this?' asked Coun. Jan Stick. 'We never know if it will hold up in court in the end, but we need assurances ....'

Robert Fendrick, the city's director of administrative services, told council a legal opinion could be sought.

Coun. Florence Roberts asked if the parameters of the hydrogeological and hydrological studies would be enough to meet the court standards.

'They are subject to interpretation,' said Brian Crist, the city's director of operations.

'The proponent would hire a hydrogeologist, a hired expert, to know how detailed the study should be.'

Coun. Doug Graham said if the bylaw opens up the city to yet another lawsuit, perhaps the city should be in charge of the studies, and avoid the appearance of undue influence if Territorial Contracting hires its own hydrogeologist to perform the studies.

Mayor Bev Buckway said the city's administrative staff will take some time to review its options, but cautioned the if the city paid for the studies in this case, it would then have to pay for the studies every time someone makes a similar bylaw application.