Stalled permit revs up again

March 2, 2007

By SHARON G. McBRIDE

Frontiersman

PALMER - Neighbors of the Alaska State Fairgrounds troubled by its noisy race track were granted a figurative victory lap back at the beginning of February when the city's Planning and Zoning Commission voted to place extensive limitations on the fair's motorized sporting contests and outdoor concerts.

However, that victory lap was cut short Tuesday afternoon, when fair officials filed paperwork with the city of Palmer to appeal the commission's decision, revving up for permission to hold races all summer long.

This appeal was filed in the face considerable public opposition to a full-time race track within Palmer city limits. During the Feb. 7 meeting, City Hall was packed with concerned citizens looking to exercise their right in the democratic process.

The commission listened to hours of public testimony, despite the fact that the public hearing on the issue had come and gone, and then voted 6-0 in favor of limiting the conditional use permit.

&#8220We definitely had some troubles with their ruling,” said Joe Lawton, general manager at the Alaska State Fair. &#8220We thought we had already addressed all the public concerns with the noise complaints. All we were asking for was a chance to prove it.”

Homeowners and other residents who lived within a 25-mile radius of the fairgrounds complained so much about the noise from the track that the fair had no choice but to cut back on racing events in 2006, he said. The track was built in 2005 in hopes it would create more revenue.

&#8220All the current public testimony against it was based on fear of what could happen,” Lawton said. &#8220We had already taken steps to satisfy those concerns.”

According to the appeal paperwork filed with the city clerk, the Alaska State Fair argued that the commission had overstepped its jurisdiction, among other issues.

That is a point of contention.

&#8220I disagree,” said Michael Kircher, chairman of the planning and zoning commission. &#8220We followed procedures as closely as possible, and had asked the borough lawyer and city clerk to sit in specifically for that purpose. Especially in light of the fact that we have a few new members on the commission.

&#8220But as far as the planning and zoning commission being able to weigh in, it's out of our hands now,” he added. &#8220Anyone who is for or against having races all summer at the race track will now have to show up and speak at the city council meeting. Everyone will have to start over from scratch.”

Janette Bower, Palmer City Clerk, has a different take on the situation.

&#8220Right now, we are drafting up the process on where to go from here,” she said. &#8220At the next city council meeting, we will spell out what should happen and the council members will approve or disapprove that process.”

For concerned citizens wishing to speak to the council

on the issue, no public comment is being taken at this time, she said.

&#8220However, we are looking into whether or not people can summit their comments in writing,” Bower said.

Michael Gatti, Palmer city attorney, shed some light in what seems to be a gray area for the city of Palmer officials. According to Gatti, the city council is now serving in a &#8220quasi-judicial capacity” on this issue. In order to make sure the process is fair, any information the council gets needs to be available to everyone, he said.

&#8220It's very similar to a court proceeding,” Gatti said. &#8220But the city is looking very closely at it, and will continue with the process as appropriate.”

The next regular council meeting is scheduled for 7 p.m. March 13 at Palmer City Hall. A special meeting on annexation is scheduled for 7 p.m. March 6 at the Palmer Depot.