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

To Whom It May Concern:

This letter is to request a “public meeting” as that term is defined in RCW 36.70B.020 (5) on the Wal-Mart Supercenter before review is completed and a permit or site plan application approval (or partial approval) or SEPA approval occurs. 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. We request the meeting be held with all individuals who have had any input or involvement in the review of the documents Wal-Mart submitted to date.

We note the following relevant provisions of the Revised Code of Washington:

36.70B.020. Definitions:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

1. "Closed record appeal" means an administrative appeal on the record to a local government body or officer, including the legislative body, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.
2. "Local government" means a county, city, or town.
3. "Open record hearing" means a hearing, conducted by a single hearing body or officer authorized by the local government to conduct such hearings, that creates the local government's record through testimony and submission of evidence and information, under procedures prescribed by the local government by ordinance or resolution. An open record hearing may be held prior to a local government's decision on a project permit to be known as an "open record predecision hearing." An open record hearing may be held on an appeal, to be known as an "open record appeal hearing," if no open record predecision hearing has been held on the project permit.
4. "Project permit" or "project permit application" means any land use or environmental permit or license required from a local government for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection.
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.

Please also refer to § 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.

The concepts of “public meeting” and “open record hearing” are clearly distinguishable from each other. A “hearing” (as opposed to a “meeting”) is “conducted by a single hearing body or officer authorized by the local government to conduct such hearings, that creates the local government's record through testimony and submission of evidence and information, under procedures prescribed by the local government by ordinance or resolution.” Holding a public meeting should not jeopardize the public's right to an open record hearing.

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 various aspects of the plan 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 in the permit process.

On a tangential matter, the case the City Attorney referenced, Mission Springs v. City of Spokane, 134 Wn. 2d 947 (1998), does not appear applicable or relevant to the matter at hand. Among other differences, in that case, the local government had already issued final approval to construct a planned unit development and the Court held the developer was therefore entitled to have a grading permit issued subsequent thereto. The developer (after final approval) held a vested right. The Court deemed the grading permit to be a “ministerial” permit that the City could not withhold. City Council's review and approval of Wal-Mart's Site Plan Application and other documents would not be ministerial acts.

We respectfully request a public meeting before completion of the local plan review and before your approval of Wal-Mart’s application. 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.

Thank you for your consideration.

Sincerely,

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