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Home My WebLink About2020-06-24 Frank Marcos Charlene Way From:Frank Marcos <alpinepointenwp@gmail.com> Sent:Tuesday, June 23, 2020 3:46 PM To:Bill Nary Cc:City Clerk; Robert Simison; Frank Marcos Subject:Reconsideration of City Council Decisions Mr. Nary, Please provide me with the official city code or law (whatever it's called) that allows for a City Council Reconsideration of a denied application. I am in search of the official written language that allows this action and for what grounds the action must be considered. If you cannot provide me with this, please let me know where I can find it. Thank you. Frank Marcos 2580 E. Lacewood Dr. Meridian, ID 83646 909-539-7001 1 Charlene Way From:Bill Nary Sent:Tuesday, June 23, 2020 4:04 PM To:Frank Marcos Cc:City Clerk; Robert Simison Subject:RE: Reconsideration of City Council Decisions Mr. Marcos; Here is the City Code on Reconsideration. Let me know if you have any other questions. 1-7-10: PROCEDURE FOR REQUEST FOR RECONSIDERATION: A. Pursuant to Idaho Code 67-6535 (Local Land Use Planning Act) regarding a request for reconsideration of a City Council land use decision the following procedure must be strictly followed: 1. After final approval of the findings of facts, conclusions of law, decision, and order, the appellant, who may be any applicant or affected person, as defined by Idaho Code, may request reconsideration of the final decision of the City Council. 2. Such request must be in writing and filed with the City Clerk within fourteen (14) days of the final approval. 3. The request must identify specific deficiencies in the decision for which reconsideration is sought. 4. If the request is properly filed and meets the requirement of identifying specific deficiencies in the land use decision, the City Council shall schedule the matter to be heard at a regularly scheduled meeting of the City Council. 5. Notice will be provided to appellant when the request will be scheduled to be considered. 6. No additional evidence or testimony will be allowed at the City Council meeting. 7. At the City Council meeting, the Council shall consider the written request and may affirm, reverse, or modify its decision, after compliance with the applicable procedural standards. 8. If necessary, the Council may direct a new public hearing and all the procedures and notices that are necessary will be done prior to a new public hearing. 9. A written decision shall be provided to the appellant within sixty (60) days of the request. (Ord. 16- 1685, 4-26-2016) Bill Nary | City Attorney & Risk Manager City of Meridian | City Attorney’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: | 208-898-5506 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Frank Marcos <alpinepointenwp@gmail.com> Sent: Tuesday, June 23, 2020 3:46 PM To: Bill Nary <bnary@meridiancity.org> Cc: City Clerk <CityClerk@meridiancity.org>; Robert Simison <rsimison@meridiancity.org>; Frank Marcos 1 Charlene Way From:Frank Marcos <alpinepointenwp@gmail.com> Sent:Tuesday, June 23, 2020 5:53 PM To:Bill Nary Cc:Robert Simison; Brad Hoaglun; Jessica Perreault; Luke Cavener; Joe Borton; Treg Bernt; Liz Strader; Frank Marcos; Mike and Malissa Bernard; City Clerk Subject:Delano Reconsideration Letter - May 19, 2020 Thank you for the City Code on Reconsideration. I would like to bring to your attention several facts regarding this Reconsideration letter that may lead to further (public and legal) review of the City Council's actions. Mr. Hethe Clark, attorney for the Delano application, submitted the Letter of Reconsideration on May 19, 2020. Within his letter, Mr. Clark references that the decision of the City Council not to bring up a discussion item prior to the closing of public testimony, could have resulted in a decision that is legally suspect. He then continues to provide additional testimony towards a new proposal within his letter of Reconsideration. This additional information should not have been considered in the City Council's discussion of the Reconsideration Letter during their Council meeting on June 9, 2020. This additional proposal by Mr. Hethe is tantamount to filing a new application without actually having done so. The Meridian City Code (1-7-10: Procedure for Request for Reconsideration) explicitly states that "Pursuant to Idaho Code 67-6535, regarding a request for reconsideration of a City Council land use decision the following procedure must be strictly followed. A3 of the Code states that the request must identify specific deficiencies in the decision for which reconsideration is sought. In Mr. Clark's May 19, 2020 letter, there are no specific deficiencies listed except that the applicant was not allowed time to provide additional testimony AFTER the public testimony was closed. That's not a deficiency, that's how the system works. Once the public testimony is closed, neither the applicant nor residents of Meridian are allowed additional testimony. Based on this simple fact, there was no deficiency in the City Council's decision to deny the application. Also, A6 specifically states that "No additional evidence or testimony will be allowed at the City Council meeting." When one reviews the video and minutes of the City Council's discussion on June 9, 2020 of the Letter of Reconsideration, there was no discussion about any deficiency regarding their previous decision to deny the application. Instead, the members actually discussed the additional proposal (violation of A6 of the Meridian Code for Reconsideration) made by Mr. Hethe Clark in his letter of May 19, 2020 for another option for the applicant. According to the City Code, the City Council's discussion should have strictly adhered to a discussion of a deficient decision, not consideration of another proposal. In essence, the applicant found another way to submit a new proposal without following proper procedures for a denied application. Based on this evidence of a faulty decision of Reconsideration, I respectfully request the City's attorney to make a decision not to proceed with allowing Mr. Clark another chance to propose a new option, which is in direct violation of the City Code for denied applicants. Anything short of this, will be considered a violation of procedures for City Council actions and member discussions. Respectfully, Frank Marcos 2580 E. Lacewood Dr Meridian, ID 83646 909-539-7001 1