February 11, 2005

Mayor and City Council
City of Pullman
City Hall
Pullman, WA 99163

To Whom It May Concern:

This letter is again to request a “public meeting” as that term is defined in RCW 36.70B.020 (5), on the "subject" of a Wal-Mart Supercenter in Pullman. In PARD's letter of January 28, 2005 to you, we requested a public meeting "before review is completed and a permit or site plan application approval (or partial approval) or SEPA approval occurs [on Wal-mart]." In your denial of that request by letter dated February 9, 2005, you give as one reason that development applications are "processed administratively." You state it would be "illegal and unethical" for you to "improperly influence the City Personnel who must apply City Ordinances." We are asking for a meeting so that the concept of Wal-Mart can be discussed in an open forum. It would not result in your "improperly influencing" anyone. This is the single biggest project ever to impact Pullman. To say the public can have no voice in this project, except by individually discussing it with council is astonishing to say the least. Your second reason is that "by law" the City cannot change the development application process and that because Pullman had not enacted its own public meeting requirement in its general comprehensive plan ordinance it cannot impose one on Wal-Mart. A public meeting is not a "requirement" "imposed" on Wal-Mart. It is an opportunity for the public to have an opportunity to voice concerns (or support) for the project.

36.70B.020. Definitions

(5) "Public meeting" means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the local government's decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community council meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the local government's project permit application file.

If Wal-Mart chooses not to attend that is up to the developer.

Also, the general comprehensive plan requirements are listed in 36.70A- these are the ones that allow the City to formulate procedure as you have discussed. The public meeting provision is in 36.70B (requirements for specific development plans) and provides at § 36.70B.160:
Additional project review encouraged -- Construction

(1) Each local government is encouraged to adopt further project review provisions to provide prompt, coordinated review and ensure accountability to applicants and the public, including expedited review for project permit applications for projects that are consistent with adopted development regulations and within the capacity of system-wide infrastructure improvements.

(2) Nothing in this chapter is intended or shall be construed to prevent a local government from requiring a preapplication conference or a public meeting by rule, ordinance, or resolution. (Emphasis added)

(3) Each local government shall adopt procedures to monitor and enforce permit decisions and conditions.

I note that your reasoning before was different, namely that a public meeting might be confused with a public hearing and you are only allowed one hearing; therefore you cannot have such a meeting.

As stated in our previous letter, simply providing written comments to the City of Pullman as City Council suggested, does not provide for active discourse with the plan reviewers and deprives the public of its right to seek information/ hold discussion about Wal-Mart Superstore in a reasonable and consolidated forum. The suggestion that individual members of the public speak individually with Council members also is inadequate. Neither of these measures comports with the tenor of RCW 36.70A and B, which encourage municipalities to seek public participation.

We again request a meeting. We request you permit sufficient time to elapse before the meeting so that as many interested individuals will have advance notice as possible and will be able to attend. We request a minimum of two weeks from today. If our request is to be denied, please provide said denial, in writing with the reasons therefore, and signed by authorized individuals, to the designated recipient, Margaret J. Krueger, private citizen, 824 SE Edge Knoll Drive, Pullman, WA 99163. We also request you allow us, at a minimum, one week after receipt of said denial before approving of said project so that we will have adequate time to seek legal recourse/measures if desired.

On another topic, there is significant concern about the effect of increased traffic on Pioneer Hill and to an extent on Sunnyside Hill, particularly where the public schools are located. In its traffic report, Wal-mart estimates 11,700 trips a day to and from its store. We estimate that will increase Pioneer Hill traffic four-fold. There are serious safety concerns for our children.
Thank you for your consideration.

Sincerely,

Margaret J. Krueger
Pullman Alliance for Responsible Development (PARD)