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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 \)