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CC - Records Request by Appellant Charlene Way From:Jonathan Hoeger <jonhoeger@gmail.com> Sent:Tuesday, July 13, 2021 6:02 PM To:Joseph Dodson; appeal@sent.com Cc:Ted Baird; Chris Johnson; Bill Nary; City Clerk Subject:Re: Appeal hearing agenda External Sender - Please use caution with links or attachments. Mr. Dodson, I'm writing to confirm receipt of the email regarding the format for the evening of the appeals, thanks to everyone who helped provide that so we can prepare. I do have two other requests, to help in our preparation and have been trying to obtain these on my own, but am not sure if I have the most current versions. Can I please ask for a copy of: 1. The most current site plan for the hard corner (where the Oasis, AFC, Jamba, Wienerschnitzel, etc are proposed?) 2. The most current development agreement for this property? If you can please provide those no later than Thursday it would be much appreciated. Thank you- On Tue, Jul 13, 2021 at 8:09 AM Joseph Dodson <jdodson@meridiancity.org> wrote: Mr. Hoeger, I was being direct and did not mean to sound adversarial. I generally do not have time to mince words and am treating you like every other Applicant, out of equity and fairness. I correct them as well, including Mr. Tsai (who I had to hand- hold through the process on many occasions). If you have any questions following the email from our City Clerk regarding the hearing process, feel free to reach out to any of us. I just learned of it myself but do have a grasp of the overall process. Best Regards, Joseph Dodson | Current Associate Planner City of Meridian | Community Development 33 E. Broadway Ave., Meridian, Idaho 83642 1 Phone: 208.884.5533 | 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: Jonathan Hoeger <jonhoeger@gmail.com> Sent: Monday, July 12, 2021 7:54 PM To: Joseph Dodson <jdodson@meridiancity.org>; Ted Baird <tbaird@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org>; Bill Nary <bnary@meridiancity.org>; City Clerk <CityClerk@meridiancity.org> Subject: Re: Appeal hearing agenda External Sender - Please use caution with links or attachments. Joe, This email feels a bit adversarial. Forgive me if I misinterpreted the tone, however the last two emails I have on this chain (which you were also copied on) from Ted Baird and Chris Johnson both told me that Mr. Nary would be back at work on July 7th which would have been several days ago, as indicated. Either his vacation was extended or you information is faulty, neither of which seems to merit the tone of the correction. Separately, you also corrected me that the Oasis was not going to be 10,000 sqft, but I have since reviewed the applications and the applicant several times talks about 10,000 sqft buildings, you can understand why I would have be confused. Perhaps you should be correcting the applicant as well? You also gave me incorrect information about the appeal process and requirements which caused no small stir. I'm perfectly willing to accept that mistakes can be made, and even happy to forgive those mistakes. However, the tone of the emails you send do inform the way that they are received, even if they are not so intended. Perhaps it would be helpful to say something like, 'I'm sorry we haven't gotten back to you yet. Mr. Nary only returned today, though I can see why you would have thought that he had been back for several days since the last couple of email said he would be back on the 7th and that you'd have an answer 2 about the format of the meeting two weeks prior to the hearing.' We are now just 8 days prior to the hearing and it's difficult to prepare without knowing what the format will be. Your expedited attention this request is much appreciated. On Mon, Jul 12, 2021 at 8:35 AM Joseph Dodson <jdodson@meridiancity.org> wrote: Mr. Hoeger, Mr. Nary returned to work today and has not had several days in the office to respond. I am sure other members of the Legal department will be discussing this with him as soon as possible and will get back to all of us. Joseph Dodson | Current Associate Planner City of Meridian | Community Development 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.884.5533 | 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: Jonathan Hoeger <jonhoeger@gmail.com> Sent: Monday, July 12, 2021 8:00 AM To: Chris Johnson <cjohnson@meridiancity.org>; Bill Nary <bnary@meridiancity.org> Cc: Joseph Dodson <jdodson@meridiancity.org>; Bill Parsons <bparsons@meridiancity.org>; appeal@sent.com; City Clerk <CityClerk@meridiancity.org> Subject: Re: Appeal hearing agenda 3 External Sender - Please use caution with links or attachments. Hello all, I'm following up on the request to know an outline of the meeting format for the two appeal hearings that are coming up on the 20th. Presumably Mr. Nary has returned and had several days in the office to be able to respond to this inquiry. Thank you! On Wed, Jun 30, 2021 at 10:39 AM Chris Johnson <cjohnson@meridiancity.org> wrote: Mr. Hoeger, Our City Attorney will return on July 7. We will seek his guidance at that time and be able to provide you the plan for the hearing. Thank you. Chris Johnson, M.Ed., IdCMC City Clerk | City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.888.4433|Email: cjohnson@meridiancity.org 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: Jonathan Hoeger <jonhoeger@gmail.com> Sent: Wednesday, June 30, 2021 8:00 AM 4 To: Joseph Dodson <jdodson@meridiancity.org>; Bill Parsons <bparsons@meridiancity.org>; appeal@sent.com; City Clerk <CityClerk@meridiancity.org> Subject: Appeal hearing agenda External Sender - Please use caution with links or attachments. Hello Mr. Dodson, Mr. Parsons, and Mr. Johnson, Previously we had discussed the format of the hearing and was told that as it got closer you'd be able to provide more details on the order of speakers and the time allotted to each, including time for public testimony. As the appellants, we'd like to know if we are speaking before or after the applicant and if we will be afforded the right to a rebuttal commentary since this was afforded to the applicant when he was the originator of the hearing. This is of particular concern to us as his rebuttal contained factually incorrect statements that we will want to refute. Please let me know once you have the meeting layout so that we can review it with our counsel. Thank you- -- Jon Hoeger Phone: 208.407.9546 | Fax: 208.887.9136 -- Jon Hoeger Phone: 208.407.9546 | Fax: 208.887.9136 5 -- Jon Hoeger Phone: 208.407.9546 | Fax: 208.887.9136 -- Jon Hoeger Phone: 208.407.9546 | Fax: 208.887.9136 6