HomeMy WebLinkAboutSwimley regarding Kohl's site plan application SUSAN B . SWIMLEY 1807 West Dickerson, #B
Bozeman, MT _59715
Phone: (406) 586-5544
Attorney and Counselor At Law Facsimile: (406) 586-3130
September 21, 2010
Brian Kru-.er
Assoc. ' ity Planner Electronic and regular delivery
20 -st Olive
:•zeman, Montana 59715
RE: Request for Information — Kohl's
Dear Brian:
During the City Commission meeting last night, Monday September 21, 2010, you indicated
that you communication numerous times with Steve Kirchoff regarding the Kohl's site plan
application and certification of appropriateness and Bozeman Gateway PUD. Pursuant to
Article II, Section 9 of the Montana Constitution, and MCA § 2-6-101, et. seq., (collectively,
Montana Open Records laws) I request that you and your agency, (City Planning Office)
provide, or make available for inspection and copying, copies of all of the following writings,
regarding or relating to: (1)Mitchell Development; (2) Bozeman Gateway PUD or Bozeman
Gateway Subdivision PUD; and (3) Kohls:
All correspondence, e-mails, letters, memoranda (final and draft) between you and your
agency that are not privileged and Steve Kirchoff, former mayor and Bozeman City
Commission member.
These documents are believed to be publically available, and they are within the custody of
your offices in Bozeman, Montana, but if not, I would request prompt notice of their current
location. If any portion of this request is deemed denied, I further request that you preserve all
such records and prepare a detailed statement of the reasons for the withholding, and an
index (privilege log) or similar statement of the nature of the documents withheld. To expedite
this request, I am willing to discuss specific instances of redaction or other exemption claims in
advance of a final decision by your agency. In the event of redactions, I request that a reason
be stated for each partial denial of access. Also, please advise of the anticipated fees for the
documents, including the retrieval of electronic information under MCA §2-6-110, and if there
is a need for electronic media for facilitating the production of the information, please advise
so I can evaluate the cost associated with purchasing the same and providing it to you.
As time is of the essence, I appreciate your immediate attention to this matter.
Since ely,
{-rtat ‘y:
OE WESusan B. Swimley SEp 2 2 2010 \)