Session 04-14, a Special Meeting of the Homer Planning Advisory Commission was called to order at 6:33 p.m. on July 8, 2004 by Chair Chesley at the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

PRESENT:          COMMISSIONERS CHESLEY, BARTLETT, PFEIL, FOSTER, HESS, LEHNER

 

ABSENT:            NONE

 

STAFF:               CITY PLANNER MCKIBBEN

                        DEPUTY CITY CLERK JOHNSON

 

A quorum is required to conduct a meeting.

 

APPROVAL OF AGENDA AND ADOPTION OF CONSENT AGENDA

 

All items on the consent agenda are considered routine and non-controversial by the Planning Commission and are approved in one motion.  There will be no separate discussion of these items unless requested by a Planning Commissioner or someone from the public, in which case the item will be moved to the regular agenda and considered in normal sequence.

 

The agenda was approved by consensus of the Commission.

 

PUBLIC COMMENT, PRESENTATIONS

 

The public may speak to the Planning Commission regarding matters not on the agenda.  The Chair may prescribe time limits.  Public comment on agenda items will be heard at the time the item is considered by the Commission.  The Planning Director, the Chair, or the Planning Commission approves presentations.  A Public Works representative may address the Planning Commission.

 

PUBLIC HEARINGS

 

A.                 Staff Report PL 04-48 Re: Request to Amend Conditional Use Permit 04-3/Homer Hockey Association for Indoor Recreational Facilities including Ice-skating Rink, Social and Cultural Events Located at 3768 Waddell Way, Lot 2, Waddell Park Subdivision.

 

City Planner McKibben read the staff report, including staff recommendations.  Included with Staff Report PL04-48 was a letter from Homer Hockey Association President Harold Rasmussen.  In addition Memorandum 04-95 from Mayor Cushing and City Manager Wrede, Re: Ice Rink/Multi-Purpose Facility was presented.

 

Harry Rasmussen, resident and President of the Homer Hockey Association (HHA) told the Commission he did not like coming back after the Conditional Use Permit (CUP) was already issued.  Mr. Rasmussen passed out a brochure from Yeadon on air supported structure domes that provided the Commission with a visual idea of the facility.  Mr. Rasmussen said a day or so after the Planning Commission meeting (April 7, 2004) the site soils were found to be soft, requiring digging fifteen feet down.  The area would have been a 125 ft. by 255 ft., fifteen ft. deep swimming pool with major water run off.  Costs for soil preparation and construction of the building would have required 1.5 million dollars.  Pursuing that direction was not feasible for HHA and their alternatives were to find 1.5 million dollars, to give up, or get creative. 

 

HHA President Rasmussen said the group went back to ground level and determined that the project required implications above ground as well as below.  An in-sand refrigeration system could be placed at five to six ft. underground, preventing the fifteen ft. required for a concrete system.  The Tesoro, a premier ice rink within Alaska has an in-sand system.  No one who visits or skates in the facility will know the difference between a concrete or an in-sand system.  In contrast, a wood or steel building would require the fifteen ft. excavation of soil.

 

Mr. Rasmussen told the Commission HHA contacted two companies that supply air domes and have had discussions with the distributors.  Keeping the height at a 35 ft. maximum is the foremost concern, regardless of the cost.  The domes take approximately ten weeks for delivery and another two weeks to erect.  They are available in colors of blue, kelly-green and white.  The advantage is a controlled environment. 

 

Arctic Winter Games (AWG) will commence in Homer in March 2006.  A winter exhibition match is required for the HHA to qualify for 30% to 40% of funding for the Arctic games.  HHA intends to continue with the project within the current budget as everyone is happy with the chosen site.  The dome will require anchors on four corners without extensive excavation.  

 

Mr. Rasmussen said when the facility is up and running membership will increase, providing funds for a permanent facility.  The air structure will buy three years time, allowing the grounds, parking lot, entrances and exits, and the ice rink running.  HHA can focus on a permanent structure knowing that $500,000 to $750,000 is needed for such a facility.  Additionally a three-foot overcharge of gravel for three years will let the area settle to prevent extensive site digging to place the permanent facility. 

 

Mayor Jack Cushing said he is an ex-officio member of the Planning Commission, meaning a full participating member for discussion purposes, although he is not allowed to vote¨.  The Mayor said he believes all the Commissions are self-sustained, good thinkers and they should get their information from citizen contact and not pre-determined from Councilmembers input.  

 

On behalf of the City Council Mayor Cushing relayed that he has invested three weeks of time into the concept of the AWG in Homer, including attendance at the games at Wood Buffalo (Alberta, Canada).  While in Canada he viewed the $300,000 temporary facility with a capacity of 6,000 people.  Mayor Cushing explained that the AWG gets investments and backing from their countries and states to put up venues on a temporary basis for the events.  For the last two years the concept of the AWG on the Kenai Peninsula has been forming.  There is $800,000 from AWG from existing appropriations and $500,000 from Rasmuson Foundation.  Without the AWG in Homer the funding may be lost. 

 

Mayor Cushing told the Commission he understands their concerns of the definition of a temporary structure and suggested they tackle each issue independently.  He said any new business under construction most likely would be in an unfinished phase for two years.  He added that the most important thing for the Commission’s recommendation was that the structure be owned by the City and will be removed.  The City of Homer will then not be asked to find new money to remove the dome at the end of the three years.  Within three years a new location will be chosen, possibly at the Jack Gist Park.  The Comprehensive Plan includes a facility to allow indoor sports activities in the spring and the dome will be a good addition to the park area’s visually buffered location.

 

Gary Kulesza, citizen of Homer represents Smokey Bay Construction.  He encourages HHA to have a facility that could also be utilized in the summer months for activities.  As a builder he believes that doing things right the first time is important, and said the air structure will satisfy the need for a shelter only temporarily.  Mr. Kulesza acknowledged that the cost for the full construction plan is very expensive, and added that plywood and steel supplies along with labor costs will only increase with time.  He encouraged HHA to find a way to fund a permanent structure the first time.  Mr. Kulesza added that it was worrisome what would happen in three years.  He said the City Council meeting could be attended with crying children when they heard the bubble would come down and they wouldn’t be able to skate.  

 

Mr. Kulesza said no one will want to landscape a temporary structure, nor could there be buildings attached to the exterior of the structure or multi-tenant spaces to generate more income within the structure.  Mr. Kulesza said he has an interest in the structure and represents Eagle Ridge span (a free span wood building) and Chance helical anchors.  His solution for the building would be anchors or pilings.  He said most projects in Homer would not occur without digging and filling and a compactor could be used to settle the gravel and then begin building.  Mr. Kulesza stated that he was not convinced what the life span of the bubble was, adding that a wood or steel structure would last forever.  He questioned what the City would be taking over in three years.   

 

In summary, Mr. Kulesza said he would like to see an architecturally pleasing and functional center built once.  He is worried about what will happen in three years, and what will be done to the site?  Additionally he questioned where the money is coming from.  If there is no money for a permanent structure now, where will the money come from after it is expended on a temporary building?  Mr. Kulesza said it is not good money spent in the long run and suggested the project be put out for design-build, allowing designers and contractors to bid within the allowed budget.  In closing he asked the Commission to postpone the matter for a week or two to make a sound decision.

 

Chair Chesley requested that Commissioner Bartlett declare a conflict of interest and Commissioner Bartlett declared the conflict on the basis that his company (Smokey Bay Construction) is in consultation with HHA and has potential for financial gain.  The Commission had no objection to Commissioner Bartlett declaring a conflict of interest.

 

Bill Smith, city resident, said it was not up to the Commission to design buildings although they can discuss designs.  With the sand floor he questioned what other activities would be played in the summer without ice.  As to the idea of moving the structure to the Jack Gist Park, Mr. Smith said the Homer Softball Association people have not been contacted as of yet.  Members that he talked to asked where the building would go, as space is limited at the park and he is not aware of the City’s plans to purchase additional land.  Mr. Smith said a multi-purpose building would require four acres to allow for parking and building activities.  Mr. Smith added that moving the structure to the Jack Gist Park could seriously affect the Homer Softball Association without their consultation.    

 

Tom Bartlett, city resident, said he wants the hockey arena to materialize as much as any citizen of the town.  He stated he has a conflict of interest as a Planning Commissioner, the declaration which was just made.  He said the information presented tonight is only partly known to HHA.  Mr. Bartlett said tonight’s presentation is for a type of building that will be in place within the time frame needed.  There has been no information on an alternate, nor any figures on the price for the building Mr. Kulesza and he represent.  Mr. Bartlett said the price of the building should be within their budget range. 

 

Mr. Bartlett said a secondary problem is with the soils, although he does not have a full analysis.  If a point load system would work it would save hundreds of thousands of dollars due to lack of dirt excavation work.  The system proposed by Smokey Bay Construction could be in the funding range and meet the requirements of the original Conditional Use Permit (CUP).  Mr. Bartlett said he will be using the helical pier anchors on the Islands and Oceans Visitors Center and is willing to drive one in the HHA site to see what the torque refusal is for the system.  There is an alternative for a permanent structure and costs presented tonight by HHA are not totally known due to other options that have not been considered.    

 

Mr. Bartlett said the Fire Marshall told him the dome would have to be built and considered under the new code system for temporary structures.  A temporary building permit can be issued for up to 180 days with the ability to offer 90-day extensions after the first 180 days.  Additional costs would be assessed for permits on a temporary building.  Mr. Bartlett said alternatives to the building have not fully been explored, adding that Smokey Bay Construction could have a permanent structure in place for the Spring events. 

 

In response to Commissioner Pfeil’s question of the 12 ft. on center support systems, Commissioner Bartlett responded that HHA’s main design were columns on 25 ft. centers.  The proposal from Smokey Bay Construction was for structurally engineered, pressure treated support beams, at 12.5 ft. main supports.  In staying within the 12 to 16 ft. support range the same loading capacity as steel will be derived at less cost.  The majority of weight from roof beams is concentrated at the bottom of the columns.  With weak soils there is a need for better support and the helical piers are driven down to determine a torque bearing pounds per square ft.  The helical piers will prevent excavation of ground materials.  A soil engineering analysis or the test of a helical pier is needed to determine the costs for a permanent building. 

 

Mayor Cushing said that Mr. Kulesza approached the City Manager and himself prior to the idea of the air structure.  The Mayor advised him to contact the engineers responsible and present the helical piers idea to them.  The building may be supported through the helical piers although the area under the rink needs to be supported with soil surcharge.  Mayor Cushing said with the proposed air structure the rink would be built on top of the surcharge and after three years would be replaced with refrigeration coils on the final grade with concrete.

 

Commissioner Hess questioned the rink inside on the sand layer and if it would still need to be replaced in three years.  Commissioner Bartlett said the surcharge is temporary regardless of what type of building became permanent.  HHA wants a 17 ft. clearance along the inside of the walls for bleachers.   

 

Mayor Cushing said he visited the Arctic games in Canada the previous winter and they were willing to invest over $300,000 in temporary facilities that were there for less than three years.  A fabric covered tent frame with plywood floors and bleachers allowed seating for 6,000 and was rented for the events.  The City of Homer has a commitment from the AWG of $800,000, Rasmuson Foundation has promised $500,000, and HHA has another one million dollars.      

 

In response to Commissioner Hess’s question, Mayor Cushing said he recommends the air structure facility should be owned by the City.  He said it is HHA’s intent that ownership of the property and ice rink are transferred to the City.  In the management agreement letter, details are outlined for the facility’s operation.  HHA intends to operate the facility for seven months and Parks and Recreation will operate it for the remaining five months of the year.  Project funding will be more inclined to support substantial backers of the project (the City of Homer) rather than moms and dads of hockey players.  The financial backers need assurance the facility will be there for the long run. 

 

Commissioner Lehner questioned how the City’s considerations for the HHA property integrate with the Jack Gist Park property.  Mayor Cushing said he has consulted many people within the softball league.  Jack Gist Park Association has been set up and there are plans for expansion.  The air structure may have to be placed in storage for a few years while the City obtains further land acquisitions.  The dome idea is well received by softball enthusiasts as it would mean early batting practice.  Although the park is only 14 acres, more surrounding property may be available to the City.   

 

Chair Chesley questioned Mayor Cushing on the soil conditions that HHA is reporting.  The Mayor responded that there is nothing on the site that would prevent a permanent structure from being erected.  It is HHA and the City’s preference to have a cement slab to support community events.  Soils preparation for a stable surface is needed for the concrete to prevent shifting and repair work.  A sand bed would not require the soil conditioning, but floor boards would need to be re-leveled for the life of the building.  Mayor Cushing said after 10 ft. of excavation it is cheaper to put pilings in to support a slab.  The project can’t afford more than 6 ft. of excavation.  The cheapest way to deal with the soils for a rink proper would be to let the fill material consolidate, then remove the surcharge material and replace it with concrete.  Chair Chesley said the soils analysis came in after the CUP was approved requiring a possible Code amendment.  The Mayor said he was asked to look at the soils analysis report six weeks ago.        

 

Commissioner Lehner questioned if a sand bed is more cost effective for repairs resulting from multiple uses of the rink.  She stated the Sullivan Arena in Anchorage had experienced damage to the concrete floor.  Mayor Cushing answered that problems with the concrete in the Sullivan Arena were from artesian procedures and the same engineer that designed the Sullivan is also with the HHA plan.  The Mayor said the final use of the facilities is up to HHA.  He said HHA would keep the facility covered during the seven months to prevent winds, rains and adverse weather conditions.  Keeping the structure open-air during the summer months will lessen the maintenance and security needs.  Commissioner Lehner said she has viewed a coverall where the sides can be rolled up and down.  HHA is charged with looking at all the options to provide an open air facility for the summer months. 

 

Commissioner Foster questioned if the City Council wants to spend $800,000 on a temporary structure.  Mayor Cushing responded that the dome would be a permanent structure when placed at Jack Gist Park and had a 20-year life span.  He stated the City Council requested that the Planning Commission review the matter.

 

The Commission recessed at 8:18 p.m. and resumed at 8:30 p.m.

 

Gary Kulesza spoke again offering his support of the hockey rink and reiterated his desire to have the project done correctly the first time.  He said air structures have para doors that go up and down and referred to a hangar in Seldovia.  Mr. Kulesza said it is amazing and durable material on the dome, although not cheap.    

 

Joel Anderson, consultant to HHA and ice skating rinks was present to answer questions from the Commission.  Commissioner Lehner said whatever structure is chosen, the surcharge material would be put down and the pipes would be embedded in the sand.  Mr. Anderson said the floor design was discussed and concrete is usually the preferred choice as it is multi-purpose.  It is also expensive.  With settling or movement a sand floor allows re-leveling of the refrigeration system annually for a low cost.  The expectation is that the floor will sink rather than rise.  HHA already owns a refrigeration system that can be installed in the sand floor, whereas a concrete system would require the purchase more materials to fit the design.  Mr. Anderson said 40% to 50% of skating rinks use sand due to the costs.  Often they are open year round.  Commissioner Pfeil questioned if the same refrigeration system used in sand could be used in concrete and Mr. Anderson responded that the concrete floor requires refrigeration within the perimeter of the rink versus the sand system needing refrigeration at the ends of the rink.  Economically HHA could use the refrigeration system they currently have for sand and convert it to concrete at a later date. 

 

Ron Alderfer, city resident, said it is daunting to bring all the relevant issues together in the construction project where everyone understands.  He said the key points are the site soil, which is more difficult than anticipated.  Early in the project it was assumed that building up the lower part of the site with surcharge for a workable grade would be required.  The soil removed would have to be replaced with fill or pilings used to create a good grade.  Mr. Alderfer said it is a complicated factor.  The parking area does not need the same standard as under the footing or concrete, although it must also fit into the grade.  Excavating for the grade is the high cost.  HHA is waiting for final numbers they can support.  As early as February steel pilings were not an option due to the availability and costs.  Mr. Alderfer said the main problem is the weak soils and rather than digging them out, the contractor could go down, find strength and transfer it through steel.  It would still require binding the tops of the pilings together, which is an expensive component in the system.  There is a large amount of earth to move to make the grade work.  HHA has looked at wood buildings and have learned there are disadvantages due to interior moisture over time.    

 

Commissioner Hess questioned if it is possible to put the steel roof structure on the site with sand under it.  Mr. Alderfer answered that a three-foot surcharge would be needed now.  Some soils would need to be excavated and fill may be needed to replace those soils and the grade raised as high as 9 ft. in some areas.  If that work were complete sand could be used for the coils.  A steel or wood structure would be much more expensive than the temporary facility.  Grade and bearing is needed to support the canopy and a forgiving base such as sand.  A firm site would be needed for concrete. 

 

Chair Chesley explained that the rink interior is not a concern of the Planning Commission, but the outside has building standards.  The Commission just spent 41 meetings to develop building standards and the Community Design Manual (CDM).  The Commission is trying to separate the issues applying to structure.  As presented, the structure is not permissible by code as the structure related to ice configuration is presented as a package.  De-linking the ice and structure with a modification in the building plan would provide compliance with building standards.    

Chair Chesley said the original CUP met City building requirements and now with the ice it can no longer comply with building regulations.  Mr. Alderfer said HHA ran into a landslide of costs and there is no way to get enough money for the proposal due to soil conditions at the site.  At this stage HHA can pretend to grab another two million dollars, give up, or try something affordable.  The only affordable option to meet AWG compliance is the air structure, as Arctic Winter Games will not take anything less than their standards.  HHA has to put an affordable package together.  If the facility is not accepted the games and hockey are gone. 

 

In response to Chair Chesley’s question if the demonstration events for March 2005 must take place under a covered structure, Mr. Alderfer said those events do require cover.  In response to Commissioner Hess’s question of the usage of the ground structures after three years, Mr. Alderfer responded that the soil used for surcharge could be used on the parking lot.  He said the new material brought in to support the air structure would not be sufficient for a permanent structure.  Mr. Alderfer said they are looking at using time and weight compared with excavation and back fill. 

 

City Planner McKibben said a condition of the permit as approved is that the parking lot be paved and striped within three years.  Mr. Alderfer said the gravel would be moved before the time expired to meet the paving requirement.

 

In response to Commissioner Pfeil’s question if it was HHA’s intent to construct a permanent fixture after the three years, Mr. Alderfer answered that it was.  He added that the cost of the dome is in the high $300,000’s.  That includes the frame, heating and installation.  The dome and equipment to support it can be used elsewhere.  Additionally, the gravel could be used on site.  Mr. Alderfer said timing is everything right now.  Mr. Pfeil said even if a wood structure costs more it seems advantageous to take that route.   

 

Chair Chesley remarked that it is a zoning question.  The Planning Commission adopted standards for the Central Business District (CBD) and this proposal is a radical departure from it.  There is no mechanism to enforce removal of the structure three years from now.  It is the Planning Commission’s job to thoroughly investigate options and legal requirements to take.  Mr. Chesley said as bad as the Commission wants to support hockey in Homer without a sound finding of fact or code it could be challenged.  Mr. Chesley compared it to a private hotel developer obtaining an approved CUP and then running into poor soil conditions.  The developer would then return to the Commission with a proposal for a temporary hotel which may include Atco trailers clustered together.  Mr. Alderfer said he understood Mr. Chesley’s pain and frustration by saying “no”.

 

Tom Bartlett said regardless of the building the soil must be excavated and refill added.  Inside the building there is 20-ft. separation between the hockey rink and the ice and the outside of the building structure.  Smokey Bay Construction’s quote was for the same size building as the main structure, minus the additions and labor, and less than $300,000.  Mr. Bartlett said a wood building may be a viable option as pressure treated lumber is used to prevent moisture in buildings.

 

Scott Adams, city resident, said his son has been involved in hockey for ten years.  He said it would be nice if the facility worked out, but unfortunately the soil is weak.  Mr. Adams said extra money has to be sought and HHA is doing the leg work.  He said the association is planning to put up the temporary building, collect more funds and show the public they are serious.  Mr. Adams said more money is needed for ground work to support the structure needed and the temporary building will provide more funding.  He said it is a big thing for the City, not just for hockey.  Teams spend an average of $5,000 a weekend when out of town in between hotels and meals.  If the temporary structure does not go up 1.3 million dollars will be lost.  He saw the plans for the library and the wildlife center and said a pleasing building depends upon each individual’s tastes.

 

Harry Rasmussen said HHA had the groundbreaking ceremony and met with AWG who said the association would receive $800,000.  AWG said an environmental ground survey was needed.  A 1986 report obtained from HEA was the first indication the project was in big trouble.  The most respected dirt people were contacted and the worse case scenario would be 9 ft. of excavation.  They tried to be cautious with real numbers and figures and took into account a donation of 200 yds. of gravel from the Kachemak Gun Club.  In the second week of May it was discovered the soils had to be thoroughly investigated so $16,000 was spent for soil samples.  Final reports on the soils are not complete yet. 

 

Mr. Rasmussen said in turning the rink over to the City of Homer, HHA is in a 7-year lease with HEA, having already completed two years.  After the 7-year period expires, the City will take over the lease.  HHA will receive more grants than the City due to its non-profit status and may also utilize volunteer help.  HHA wants a concrete system in the future due to the greater advantage for a multi-use facility with more activities.  Mr. Rasmussen said after the soil condition became known there has been discussion of moving the rink to different areas.  Every alternative has been explored, with HHA asking questions and getting answers.  He said with the Planning Commission’s approval tonight there could be skating sometime between Thanksgiving and Christmas.   If the project is delayed there will be a two million dollar loss to the community. 

 

HHA President Rasmussen said the architects have a problem with wood buildings as they have to tear them down in ten years due to moisture problems.  Harry Rasmussen said returning before the Commission with a request for an air dome has made them a laughing stock of the community.  They are making the request because it is a solution that works, their children will be skating, and it will be good for the community.     

 

Commissioner Hess asked if HHA has thought of a more temporary facility for a four to six month period for the games.  Mr. Rasmussen said of the $800,000 derived from the AWG, $400,000 will go towards the temporary building.  The Rasmuson Foundation would like to know that HHA is looking forward to a permanency.  If there is no cover on the ice rink there will be no skating, funding from Rasmuson’s and AWG would probably be lost, and there would not be a HHA.  Mr. Rasmussen said HHA has spent ten years chasing rainbows and the prospect of a rink is what has kept the association alive.  He said there is not another site that will work for funding in the given time range.  The positives of the present site are great and to choose a new one would begin the grant funding process all over again.    

 

Chair Chesley closed the public hearing.  He said HHA comes before the Commission and if a decision doesn’t happen tonight, it will not happen.  Chair Chesley noted the time (9:45 p.m.) and stated he is inclined to close the meeting and continue the HHA request to the next regular meeting.    

 

Mayor Cushing said the questions posed tonight regarding soil samples are beyond the realm of the Planning Commission.  The matter tonight was for a bubble building request and the Commission’s decision on how the inflatable structure fits the criteria.  He said the Commission may forget the engineering aspects of the project and allow HHA to get on with their work.   

 

HESS/PFEIL – MOVED TO ACCEPT STAFF REPORT PL04-48 WITHOUT STAFF RECOMMENDATIONS. 

 

Commissioner Hess stated that staff recommendation #2 seemed to support that the temporary building would comply with the CDM.

 

City Planner McKibben suggested amending the finding of the staff report on page 11.

 

FOSTER – MOVED TO ACCEPT STAFF FINDING ON PAGE 11.

 

Motion failed for lack of a second.

 

City Planner McKibben said if Commissioner Hess did not want to adopt the staff recommendations the findings should be amended.  Commissioner Foster said the proposed facility is just replacing Phase 1 and should still meet the CDM requirement.

 

Chair Chesley said it is the HHA, their project manager and architect’s responsibility to propose an acceptable structure that meets the design criteria.  He said he takes exception to staff’s analysis, as the CDM addresses structures.  HHA has a multi-phase construction plan and the Commission may not call their air-structure a temporary building.  The code could be amended to make a policy in the Policies and Procedure Manual to adopt the temporary structure to give something to hang a legal finding on.  The Commission has a fundraising issue that has morphed into a zoning issue and is being asked to make exception to the code to permit a request for an individual applicant. 

 

Commissioner Hess said he is bothered tonight to hear the request from HHA is a fundraising issue and the code clearly refers to financial reasons for granting exceptions.  Commissioner Lehner said although it is a fundraising issue funds are being raised to benefit the community.  She said the fundraising is a means to an end, as the community can offer something of significance to its residents. 

 

Chair Chesley said a private developer could make the same pitch for a business to raise tax revenues and it becomes a fundraising issue.  The Commission cannot take fundraising issues into account; it has to be a zoning issue.  Chair Chesley told Mayor Cushing he takes a strong exception for his chastising the Commission into digging into the details.  He said the Commission, as volunteers, need to understand the issues and without the freedom to ask questions a sound decision cannot be made.  He said there is a linkage between asking for a structure that doesn’t comply with zoning requirements, but it is not clear HHA can’t build a facility that does comply and still meet their needs.  The Planning Commission spent 41 meetings working to adopt building standards and that work cannot be thrown out the window for a special interest group with an emotionally charged issue.

 

Mayor Cushing said he was not accusing the Commission of asking too much information, but rather felt they were being told they would be negligent if they did not ask for too much.  The Mayor said the Commission has to work with whoever approaches the Commission for solutions within the code.  He said the Commission has been looking at the structure as a permanent one needing to meet all code requirements.  The Mayor said the Commission needs to trust that HHA has hired firms that are working towards permanent solutions.  He urged the Commission to allow the HHA to move forward and recognize that the structure would be temporary.  He said HHA has been very thorough in making their analysis.

 

Chair Chesley said he volunteers as a Planning Commissioner in a decision making role.  The Commission is to remain balanced and must give each applicant fair consideration.  He said we are all supportive of HHA but there is no tool to guarantee it is a temporary structure.  Chair Chesley said he would like more support from staff and the City Attorney. 

 

Mayor Cushing questioned if the Commission may scuff the project and Chair Chesley answered that HHA has the permit in place to build a structure.  Part of that permit is to do the site work and the Planning Commission assumes the project will move along.  The City Planner will have the responsibility of checking in and monitoring their permit for compliance.  In the interim the Commission can work on the request for the temporary structure.  HHA has a permit to start and do excavation.  The Planning Commission’s concern is a structure that is not in compliance.  Modifying the Policies and Procedures Manual may be the tool needed, rather than an ordinance that would require a public hearing and City Council approval.  Assuring that the structure is temporary will give staff the authority to make sure the structure comes down.

 

In response to Chair Chesley’s question of who would be the Mayor to take the temporary structure down after three years, Mayor Cushing answered that most elected officials would be afraid not to knock it down after three years.  He said it would be the role of elected officials to assure the temporary building came down.  Russell Cooper said the City is investing $3,000 for water and sewer services, HEA is putting in electricity and HHA pays for the rest. 

 

City Planner McKibben said the issue is how the CDM addresses temporary structures and its definition in the context of the CDM.  The CDM is a policy that was adopted by resolution by the City Council.  The Planning Commission can make a recommendation to the City Council to amend the resolution.

 

Tom Bartlett said he and Gary Kulesza have HHA at heart and if it makes the Commission’s job simpler to disregard his previous testimony, they are willing to withdraw their cost proposal and are no longer involved in decision making.  Chair Chesley said he did not believe the Commission could do that in one meeting and suggested a special meeting be set for July 14th to continue the CUP process.   

 

FOSTER/LEHNER – MOVED THAT THE HOMER HOCKEY ASSOCIATION CONDITIONAL USE PERMIT AND STAFF REPORT 04-48 BE CONTINUED TO THE NEXT REGULAR MEETING OF JULY 21, 2004.

 

VOTE:  YES.  NON OBJECTION.  UNANIMOUS CONSENT.

 

Motion carried.

 

The pending motion to accept Staff Report PL04-48 without staff recommendations was continued to the July 14, 2004 meeting.

 

COMMENTS OF THE AUDIENCE

 

None.

 

Members of the audience may address the Commission on any subject.  The Chair may prescribe time limits.

 

COMMENTS OF THE COMMISSION

 

Commissioners may comment on any subject, including requests to staff and requests for excused absence.

 

Commissioner Chesley said the Planning Commission is supportive of HHA in their hamlet by the sea.  He said in chasing rainbows there is a pot of gold donation for HHA from the Planning Commission for their support that HHA’s vision becomes reality.  Chair Chesley presented HHA President Rasmussen with a card and contribution.

 

Mayor Cushing thanked the Commissioner’s for their work and said it would be remembered for many years.  He additionally thanked the Commission for asking the hard questions and being troopers on this one. 

 

ADJOURN

 

Notice of the next regular or special meeting or worksession will appear on the agenda following “adjournment”.

 

There being no further business to come before the Commission, the meeting was adjourned at 10:37 p.m.  A Special Meeting is scheduled for July 14, 2004 at 6:30 p.m.  The next Regular Meeting is scheduled for July 21, 2004 at 7:00 p.m. in the City Hall Council Chambers.  A Worksession will commence at 6:00 p.m. prior to the Regular Meeting.

 

 

 

_____________________________

JO JOHNSON, DEPUTY CITY CLERK

 

Approved:____________________

 

 



¨Pursuant to Homer City Code 1.76.010(d)