RE CITY’S FAILURE TO SUPPLY PUBLIC INFORMATION IN A TIMELY MANNER FOR A CURRENT LAND USE ACTION

(Please take note:  City Staffer Cyd Donk’s name is prominently mentioned in this document.  My opinion is that Mrs. Donk has been acting in good faith to perform the many duties assigned her in as competent and expeditious manner as possible.  However, given the City’s current Full Plate -- in large part caused by a deluge of land use hearings within an extremely short period of time -- she has neither created nor is purposefully adding to the problem, which lies elsewhere. I submitted this to Hearing Examiner Galt at the 5/10 hearing on Hammer’s PUD.)

 

EMAIL SENT BY L. STORM TO MAYOR BEN TOLSON AND INTERIM CITY ADMINISTRATOR LEE WALTON ON 6:19 A.M., MAY 6TH (city copies to: Graafstra Thom, Blair Kristina, Boyd Derek, Flower Jim, Champeaux Bruce-city [which he did not receive as all my email for Mr. Champeaux are returned as non-deliverable], Seehuus John, Slawson Steve and Wiediger Ron)

Dear Lee and Ben,

I'm aware the city is busy.  However, despite Cyd's best efforts, I'm sure, and mine, in following up with the City re the information I requested May 2nd, most of my request still remains unfulfilled. 

The purpose of this email is not merely to complain about the non-receipt of vital information for next week's hearing, but something far deeper:  The city is sitting on a razor's edge re staffing and its ability to act in a competent and legally-compliant manner.  Based on my recent attendance at Galt hearings on proposed developments, basic criteria for development has been compromised, placing the city in legal jeopardy.  Deficiencies in concurrency, as ruled by Galt in three recent decisions, is a red flag to all but the most myopic of participants…. [Note: one small statement was redacted from this submission to H. E. Galt, and, therefore, not reproduced here.]

I respectfully request that you continue by reading the remainder of this email, which will offer some concrete examples of my claims, and specifics related to my PDA requests for information on next week's two Galt hearings:

As you're both aware by now, for various and sundry reasons, the City has a history of obfuscating this process, often with purposeful intent, probably more often because of staffing inadequacies or inefficiencies.  In recent hearings, the City has presented last-minute documents of import that should have been available  weeks (or several days) prior to the Galt hearing, to allow for review.  By way of example, during the Skoglund hearing, a complicated agreement between the City and the Developer designed to resolve the City's current concurrency deficient, as well as a third-party traffic study peer review by Geri Reinard, were not made available until that same day, and even a plat map revised that morning was presented.  Due to testimony, the plat map was produced after a specific request by Galt, as well as Ms. Reinhold's peer review.

It is difficult to make informed testimony at hearings without sufficient prior review of documents.  Here is an example of my attempts to retrieve the information requested (in addition to my original request copied below), with the most-recent request listed first (start reading from the bottom, working your way up:

5/5 from 3 to 5 PM:  No further communication from, or with, City Hall.

5/5 3:00 PM - Called City Hall - Placed a call to Cyd, who was unavailable.  Erin placed me on hold for an extended period.  When she came back on the line, she stated that Cyd told her to tell me, "Cyd says she'll call you back in five minutes." 

5/5, 9:30 a. m. - Visit to City Hall - Staff reports only were copied and ready. I asked to view the development files/3-ring binders on these two developments.  City hall was chaos, amass with phone callers and visitors during my entire 10- or 15-minute stay.  Gave up review, as it was too difficult to concentrate.  I was unable to find in these files any City concurrency certificate or developer concurrency agreement or any other City-generated document related to its concurrency deficiencies.  Erin spoke with Cyd again, and she relayed that these other documents would be ready for my retrieval later in the day (perhaps after lunch??).

5/4, 4:40 PM - Personal conversation outside city hall with Cyd - Cyd was clearly harried; stated request would take a bit longer; stated the remainder of the requested items would be ready first thing in the a.m. (8:00 a.m.)  I said I'd give her some leeway and would try to get into city hall around 8:30 a.m.

5/4, 4:00 PM - Visit to City Hall - Receptionist (Erin Criswell), after having a brief conversation with Cyd in the back,  relayed Cyd's request that I return in a few minutes.

5/3, 4:05 PM reminder email to to Laura and Rick (Donk and Walton copied)

"Dear Laura (& Rick),
I know you're busy, but I do need this info ASAP for the plat hearings next Monday and Wednesday.  I'll be at city hall 4 PM tomorrow, so I could pick it up in hard copy then (or you could supply the staff reports in electronic format and save yourself some time and effort.)
Thanks!
Loretta"

Original May 2nd request for information for next week's hearings (Cisar, Donk, Walton copied)

"Dear Laura (& Rick):

I am requesting the following specific documents for these two proposed plats, coming up for a hearing on Monday (5/8, AJ's Place) and Wednesday (5/10, Hammer PUD):


Please note that these documents are needed ASAP (I need time to scan and post them on my website), due to the only open record hearings for these plats are scheduled for early next week.

Thank you for your cooperation and assistance.  I will be happy to provide a "hard" copy PIR on one of Sultan's PDA forms, if necessary for timely fulfillment of this request.

Loretta Storm 360-793-6683”