In an effort to avoid legal proceedings in Yukon Supreme Court, city council may amend its current draft of the controversial green-space bylaws.

At their weekly meeting last Monday evening, members of city council heard that should the current bylaws be brought through the bylaw process without changes, the city would likely face a legal challenge.

If it does try to go ahead with the current bylaw, the city's chances in court would be good, council heard from Robert Fendrick, the city' s director of administrative services.

'Even if the city did receive a legal challenge, the city now feels even more strongly that a challenge would be quashed as the bylaws do accord with the request of the petitioners,' Fendrick said.

However, in an effort to appease the Porter Creek Community Association and avoid legal action, members of city council should consider amending the bylaws, council was told.

The city's proposed bylaws come as a result of a citywide petition circulated by association members who gained more than the necessary 2,000 signatures required to force council to draft a bylaw.

Under the city's referendum bylaw, council is required to draft a bylaw that meets the intent of a successful petition's questions, then either pass the bylaw on the third and final reading or bring the issue to the public in the form of a referendum.

Fendrick said he and other members of the city had met recently with association president Carole Bookless to work on amendments to the bylaws and avoid court action.

Amendments drafted for the bylaws include changing section one of Bylaw 2006-10 by deleting the words, 'for areas designated Greenbelt, Environmental Protection or Park Reserve on the Area Land Use Designation Map' from the policy statement.

The second amendment calls for changes to Chapter 6 of the Official Community Plan (OCP) Bylaw 2002-01 adding a new policy:'When any amendment, including an amendment put forward during the OCP review process, proposes a new land use designation that allows development of an area currently designated Greenbelt, Environmental Protection, or Park Reserve on the Area Land Use Designation map, the proposed change shall be put to a referendum.

'Council shall determine the timing of the referendum except, in an election year, the referendum may be held in conjunction with the municipal election.'

Council was given several alternatives to consider with the bylaws including: continue with the existing bylaws and have council adopt them; amend the bylaws, with suggested amendments and possibly others, and have them adopted by council; carry the existing bylaws through to referendum; amend the bylaws and hold a citywide referendum.

At the meeting, Mayor Ernie Bourassa said while he has no problem with some apects of the bylaws, he felt including an area plebiscite in the planning process would be a waste of time and money.

'Plebiscites are non-binding; if this is included, I would like to see this go to referendum,' he said.

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