The ongoing struggle between the University and the Fairmount Neighborhood Association over the $200 million basketball arena will reach a critical point tonight when a hearings official takes testimony about whether the University has completed the appropriate land use application.
In June, a hearings official ruled that the University must obtain a conditional use permit before beginning construction on its proposed arena. If the University’s application isn’t approved this month, it is unlikely it will be able to open at its intended fall 2010 goal.
In a report released last Tuesday, staff at the city planner’s office recommended that hearings official Anne Corcoran Briggs approve the University’s permit application, but only with a series of clarifications and additions the University must rectify.
“Everyone’s got good intention,” said Jeff Nelson, chairman of the Fairmount Neighborhood Association arena committee, which has been working with the University since 2006 to mitigate the potential negative impacts the arena could have on the nearby neighborhood. Nelson said it’s a “struggle to make an informed position” without all the information clearly outlined in the application.

Briggs, the public hearings official, will hear testimony on issues pertaining to the permit application and the conditions outlined by the city’s staff report from community members, city officials and University representatives at tonight’s meeting, which will be at 5 p.m. at city hall.
“The purpose of the hearing (tonight) is to demonstrate to the hearings officer that we have done everything that should be required for the hearings officer to agree with the staff recommendation to approve the application,” Melinda Grier, the University’s general counsel, said.
It is likely that someone from the Fairmount Neighborhood Association will request to “leave the record open” for at least seven days, which would allow Briggs to receive more public testimony during that time. Her decision is required 15 days after the record closes.
Steve Ochs, the city planner managing the University’s application, said it is common in hearings of this magnitude for someone to request that the record remain open.
“We’re hoping that the record remains open long enough for the University, the city, and the neighbors and any interested party to submit more information,” Nelson said. “If the information (the hearings official has) is inadequate, then she will have to deny the application. We’re hopeful that we’ll get enough information on record that the hearings official will (be able) to make an informed decision.”
Community relations director Greg Rikhoff said he will be one of several University officials to testify at the public hearing tonight about the work the University has done with the Fairmount Neighborhood Association.
“We’ve really found a way to find resolutions for the neighbors’ concerns,” said Rikhoff, who has been personally working with the neighbors’ association. “It has been hard work, but a true collaboration.”
Nelson said his testimony will include requesting additional information about the off-street parking requirements, among several other topics.
If Briggs approves the University’s application, there will be a 12-day appeal period to the city’s planning commission. If that period closes without an appeal, the University will begin the process of obtaining building permits from the city before ultimately beginning construction.
Grier said the University is still on schedule to begin construction on the $200 million basketball arena.
If Briggs denies the University’s application, it must re-apply for the permit. Ochs said applications are generally only denied if the hearings official believes the application is so incomplete that it would require too many addendums and should be redone.
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