<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
<?bigger><HTML><HEAD>
<META http-equiv=Content-Type content="text/html; charset=iso-8859-1">
<META content="MSHTML 6.00.2900.2802" name=GENERATOR>
<STYLE></STYLE>
</HEAD>
<BODY bgColor=#ffffff>
<DIV><FONT size=4>Bruce, et al,</FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4>I agree.</FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4>Below is an excerpt from a letter sent to the city council and
mayor.</FONT></DIV><FONT size=4>
<DIV><BR>Art Deco (Wayne A. Fox)<BR><A
href="mailto:deco@moscow.com">deco@moscow.com</A><BR></DIV>
<DIV>_______________________________________________________</DIV>
<DIV>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt 0.5in; TEXT-INDENT: -0.5in"><SPAN
style="FONT-SIZE: 14pt; FONT-FAMILY: Verdana">3.<SPAN
style="mso-tab-count: 1"> </SPAN>Lastly but perhaps most
importantly, there is a very important public policy issue at stake:<SPAN
style="mso-spacerun: yes"> </SPAN><B
style="mso-bidi-font-weight: normal"><SPAN style="COLOR: red">Are those who
knowingly, intentionally, criminally, and arrogantly violate zoning laws
entitled to have the law changed so that they are no longer
criminals?</SPAN></B><?xml:namespace prefix = o ns =
"urn:schemas-microsoft-com:office:office" /><o:p></o:p></SPAN></P>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt 0.5in"><SPAN
style="FONT-SIZE: 14pt; FONT-FAMILY: Verdana"><o:p> </o:p></SPAN></P>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt 0.5in"><SPAN
style="FONT-SIZE: 14pt; FONT-FAMILY: Verdana">I hope any honest, open-minded,
conscientious public official would answer this question with a resounding "<B
style="mso-bidi-font-weight: normal"><SPAN
style="COLOR: red">No!</SPAN></B>"<o:p></o:p></SPAN></P>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt 0.5in"><SPAN
style="FONT-SIZE: 14pt; FONT-FAMILY: Verdana"><o:p> </o:p></SPAN></P>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt 0.5in"><SPAN
style="FONT-SIZE: 14pt; FONT-FAMILY: Verdana">New <?xml:namespace prefix = st1
ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:place w:st="on">Saint
Andrews</st1:place> was the target of at least two prior zoning complaints
before locating at its present illegal site.<SPAN
style="mso-spacerun: yes"> </SPAN>The city found in both the prior cases
that New Saint Andrews acted in contravention of the law.<SPAN
style="mso-spacerun: yes"> </SPAN>Hence, New Saint Andrews cannot credibly
argue that moving into their current location was an innocent mistake.<SPAN
style="mso-spacerun: yes"> </SPAN>It was a knowing, intentional,
in-your-face, criminal move.<SPAN style="mso-spacerun: yes"> </SPAN>The
above evidence shows that any claim to the contrary is an outright lie.<SPAN
style="mso-spacerun: yes"> </SPAN>Further, the city zoning code <B
style="mso-bidi-font-weight: normal">explicitly</B> puts the burden on the
citizen/developer/entre­preneur to understand and to comply with the
code.<o:p></o:p></SPAN></P>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt 0.5in"><SPAN
style="FONT-SIZE: 14pt; FONT-FAMILY: Verdana"><o:p> </o:p></SPAN></P>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt 0.5in"><SPAN
style="FONT-SIZE: 14pt; FONT-FAMILY: Verdana">It would be the poorest public
policy to reward this show of criminal arrogance by New Saint Andrews now giving
it an official blessing.<SPAN style="mso-spacerun: yes"> </SPAN>Such a
public policy would only encourage other criminally inclined to do the
same.<SPAN style="mso-spacerun: yes"> </SPAN>In fact, it appears that at
least two other schools are taking a page out of New Saint Andrews book of
sleazy tactics by locating downtown in contravention of the zoning
code.<o:p></o:p></SPAN></P>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN
style="FONT-SIZE: 14pt; FONT-FAMILY: Verdana"><o:p> </o:p></SPAN></P>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN
style="FONT-SIZE: 14pt; FONT-FAMILY: Verdana"><o:p> </o:p></SPAN></P>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN
style="FONT-SIZE: 14pt; FONT-FAMILY: Verdana">Thank you for considering these
points in your deliberation towards a resolution of this unfortunate situation
wrought originally by criminal arrogance.<o:p></o:p></SPAN></P>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN
style="FONT-SIZE: 14pt; FONT-FAMILY: Verdana"><o:p> </o:p></SPAN></P></DIV></FONT>
<DIV><FONT size=4></FONT> </DIV>
<BLOCKQUOTE
style="PADDING-RIGHT: 0px; PADDING-LEFT: 5px; MARGIN-LEFT: 5px; BORDER-LEFT: #000000 2px solid; MARGIN-RIGHT: 0px">
<DIV style="FONT: 10pt arial">----- Original Message ----- </DIV>
<DIV
style="BACKGROUND: #e4e4e4; FONT: 10pt arial; font-color: black"><B>From:</B>
<A title=jeanlivingston@turbonet.com
href="mailto:jeanlivingston@turbonet.com">Bruce and Jean Livingston</A> </DIV>
<DIV style="FONT: 10pt arial"><B>To:</B> <A title=vision2020@moscow.com
href="mailto:vision2020@moscow.com">vision2020@moscow.com</A> </DIV>
<DIV style="FONT: 10pt arial"><B>Sent:</B> Saturday, December 17, 2005 11:19
AM</DIV>
<DIV style="FONT: 10pt arial"><B>Subject:</B> Re: [Vision2020]
NSA/Verizon/Zoning Trouble Timeline (was: Whostartedit? Who cares?)</DIV>
<DIV><BR></DIV>
<DIV>I think that a subsequent post from Rose Huskey corrects, though not
explicitly, the mistake in paragraph 3 below of Joan's recitation. I
believe that the City did give NSA an occupancy permit for the Skattaboe
bldg. What NSA failed to obtain was a "zoning certificate," which is
also required. That certificate has still never been issued (and can't
be, unless the zoning code is changed, because NSA has been found to be an
illegal use under current code).</DIV>
<DIV> </DIV>
<DIV>The files available for review in City Hall plainly show that when NSA
was being told about its various zoning violations in Fort Russell and
that they had to leave Fort Russell (where they were operating illegally),
that the City explained the requirement of the Zoning Certificate.
Nevertheless, NSA did not apply for a zoning certificate when it
moved downtown.</DIV>
<DIV> </DIV>
<DIV>Bruce Livingston</DIV>
<BLOCKQUOTE
style="PADDING-RIGHT: 0px; PADDING-LEFT: 5px; MARGIN-LEFT: 5px; BORDER-LEFT: #000000 2px solid; MARGIN-RIGHT: 0px">
<DIV style="FONT: 10pt arial">----- Original Message ----- </DIV>
<DIV
style="BACKGROUND: #e4e4e4; FONT: 10pt arial; font-color: black"><B>From:</B>
<A title=joanopyr@earthlink.net href="mailto:joanopyr@earthlink.net">Joan
Opyr</A> </DIV>
<DIV style="FONT: 10pt arial"><B>To:</B> <A title=bbonte@moscow.com
href="mailto:bbonte@moscow.com">bill bonte</A> </DIV>
<DIV style="FONT: 10pt arial"><B>Cc:</B> <A title=vision2020@moscow.com
href="mailto:vision2020@moscow.com">vision2020@moscow.com</A> </DIV>
<DIV style="FONT: 10pt arial"><B>Sent:</B> Friday, December 16, 2005 6:33
PM</DIV>
<DIV style="FONT: 10pt arial"><B>Subject:</B> [Vision2020]
NSA/Verizon/Zoning Trouble Timeline (was: Who startedit? Who cares?)</DIV>
<DIV><BR></DIV><BR>On 16 Dec 2005, at 16:31, bill bonte wrote:<BR><BR>
<BLOCKQUOTE>Speaking of who started it, what was the origin of the NSA
zoning mess. I have read vision2020 and the daily news for the past
2 years and I still am not clear on two points.<BR><BR>1. Didn't the
realtor who sold the building to NSA know that the planned use was a
violation of the zoning ordinance? Shouldn't she bear some
(financial) responsibility for this mess?<BR><BR><BR>2. Why didn't the
city intervene and forbid the use of the property as a college. Did
they know what was to be done with the property or was NSA's opening a
surprise? If I open a small grocery store in my garage, zoned
R-2, I'm sure I'd be issued a zoning violation citation and
forced to close.<BR><BR>I seems so simple to me: the CBD is not
zoned for a college, close them down!<BR><BR>Bill
Bonte<BR></BLOCKQUOTE><BR>Hi Bill,<BR><BR>This is the timeline of events, as
best I recall:<BR><BR>1. The Verizon Building was sold by Bennett Realty,
specifically by Shelly Bennett. (I may be spelling her first name wrong.
Perhaps it's Shelley?) There was more than one bid for the building, and
Doug Wilson's was the lowest, not the highest. Why NSA won is anyone's
guess. A tax write-off for Verizon because they sold to a non-profit. (Yes,
I know; that opens up another can of worms.)<BR><BR>2. At the time of the
Verizon sale, New St. Andrews was located -- illegally -- in the home of
Chris Schlect on Polk Street. The City told Schlect and company that they
could not operate a college in this residential zone. The college continued
to operate in that location until the Verizon/Skattaboe Building was
renovated and ready to be occupied.<BR><BR>3. NSA moved into the
Verizon/Skattaboe Building. They did not get and do not now have an
occupancy permit.<BR><BR>4. Three evangelical Christians -- two former NSA
students and one ex-member of Christ Church -- filed a zoning complaint
against NSA on the grounds that educational institutions are prohibited in
the Central Business District. Why? Because the CBD was created to prevent
the encroachment of the U of I on downtown retail space. This happened in
the wake of the U of I's purchase of the old Murdock's Tavern and
Cavenaugh's Hotel.<BR><BR>5. Joel Plaskon ruled on behalf of the City that
the complaint filed against NSA was without merit or some such. (Mike
Curley, the attorney for the three plaintiffs, will perhaps supply the
correct terminology.) <BR><BR>6. Plaskon's ruling was appealed. The City
Council then voted 4 to 2 that NSA could not, in fact, be located in the
Central Business District under current zoning code. <BR><BR>7. Someone or
ones set in motion the current attempt to amend the city zoning code so that
NSA could remain downtown. I attended several city planning and zoning
meetings, ably chaired by Jerry Schutz, who earned my eternal respect for
his exemplary conduct of those hearings, during which everyone was hot under
the collar and pretty damned feisty. He never lost his cool or, more
importantly, his sense of humor and proportion. (I think Jerry is a
Republican, so coming from this Democrat, this praise is high praise
indeed.)<BR><BR>8. Planning and Zoning made a host of recommendations re:
amending city code to allow NSA downtown. The City Council rejected those
and bounced the whole thing back to P & Z, which worked again on this
thankless task. The fight now seems to be about parking rather than a
straight up-or-down should colleges be allowed in the Central Business
District. <BR><BR>I say no; some say yes; others don't seem to give a
tinker's damn. I envy the latter group because they're not tempted to kick
one another's teeth down one another's throat over this issue. I'm sure they
fight about other things -- whether or not Moscow needs a ring road; water
mining; the proposed ball fields. Who knows? We're all different, and
different things push our buttons. <BR><BR>(Mine are pushed by people who
call my friends "simpering douche bags." I'm funny that way. I also don't
much care for hectoring lurkers who get hold of the wrong end of the stick
and then proceed to lecture me on bullying. I'm glad I don't have Kathy
Sprague's nerve in my tooth.) <?/bigger><BR><BR><?bigger>Joan Opyr/Auntie
Establishment<BR>www.joanopyr.com<?/bigger><?fontfamily><?param Helvetica><BR><?/fontfamily><BR>
<P>
<HR>
<P></P>_____________________________________________________<BR> List
services made available by First Step Internet, <BR> serving the
communities of the Palouse since 1994.
<BR>
http://www.fsr.net
<BR>
mailto:Vision2020@moscow.com<BR>/////////////////////////////////////////////////////<BR></BLOCKQUOTE>
<P>
<HR>
<P></P>_____________________________________________________<BR> List
services made available by First Step Internet, <BR> serving the
communities of the Palouse since 1994.
<BR>
http://www.fsr.net
<BR>
mailto:Vision2020@moscow.com<BR>/////////////////////////////////////////////////////<BR></BLOCKQUOTE></BODY></HTML>