A new traffic concurrency test notice on Aug. 23 indicates that Path America’s project (sometimes called Potala Village, sometimes called Kirkland Aqua) has “passed” the traffic concurrency test. This is subject to appeal, which is handled a bit like a court proceeding in front of a Hearing Examiner.
There is a window of seven to 14 calendar days after a notice of concurrency is issued for appealing the decision. Public notice of theconcurrency test is required. Once again, the city of Kirkland has failed to provide public notice. The results of the concurrency test were known on Aug. 23. Citizens inquired mid-day about how the city would notify the community. Was it posted on the property – no. Was it put into the Seattle Times (official location for posting Kirkland notices) – no. Was it mailed to surrounding neighbors – no. Was a notice pushed out in an email to all those who the city has promised full and timely updates through the Listserv – no.
When residents asked city officials on Aug. 23 whether this would be the seven or the 14-day appeal window, they were told they would hear on Aug. 26. At this point, the ability to appeal will have been shortened nearly in half, and actually more if one needs to mail the appeal or check to the city offices. The city has stolen the residents’ ability to appeal (if seven days).
And what does a resident need to do in the 24-48 hours that would remain of the appeal window?
1. A citizen must get a check delivered to the clerk at City Hall (caution that the city receives mail at their PO Box, not street address, and picks up mail before the overnight deliveries arrive, thus you need to book in another day or hire a delivery service who will hand deliver the check directly to City Hall).
2. Even more of a barrier is the preparation of the appeal. Certain elements are required for an appeal to be considered “complete” and “accepted.” (Funny that a development application that is almost fully incomplete is accepted more easily).
3. A citizen must state specifics of what is being appealed, which is difficult since the city doesn’t “show its work” without long delay that will extend past the appeal deadline. Even with citizens requesting this information two months ago, the city provided incomplete, minimal information on which other projects in town were considered “pipeline projects”, and incomplete information on the past review of Potala Village.
4. The final challenge in the remaining 24-48 hours is a citizen must be able to become an expert in the very-confusing methods of determining “concurrency.”
Is this lack of “notice” democracy?
Why are our elected representatives allowing this to happen? When they are elected, they are tasked with overseeing the operation of our city government. Are they copping out with “we depend on staff?” Clearly, residents have been drawing their attention to the fact that depending on staff is not working and current elected officials are therefore not doing their jobs.
Citizens are challenging the traffic for Path America’s project as either Potala Village or Kirkland Aqua and will challenge the lack of notice and obstruction to the public records that are relevant to this challenge.
“No” to these projects and their impacts. “No” to any council member who does not step up and insist that notice is given through established means (immediately), an appropriate appeal window is provided as required by city codes and all relevant records be immediately released so that residents can prepare thoughtful, accurate appeals to present in the court-like hearing.
Karen Levenson, Kirkland
