From: Dan Zinder

Sent: Thu Jan 28 13:01:19 2021

To: Marah Danielson - ODOT (marah.b.danielson@odot.state.or.us)

Cc: Mac Corthell; KATHLEEN YAW; Gerald Fisher

Subject: RE: Partition

Importance: Normal

 

Hi Marah,

The City has availability on the afternoon of February 4th. Please confirm that ODOT is still looking to hold this meeting and when you are able to meet.

Best,

Dan Zinder

503.759.0226

From: Mac Corthell <mcorthell@cityofmolalla.com>

Sent: Thursday, January 28, 2021 12:11 PM

To: KATHLEEN YAW <groomingbarn@yahoo.com>

Cc: Dan Zinder <dzinder@cityofmolalla.com>

Subject: RE: Partition

Hi Kathleen,

I’ll forward this to Associate Planner, Dan Zinder who is handling the application and he will set this up with you. Thank you!

Sincerely,

Macahan “Mac” Corthell, J.D. | Planning Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Phone - 503.829.6855

Fax – 503.829.3676

Email – mcorthell@cityofmolalla.com

Website – http://www.cityofmolalla.com

CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.

From: KATHLEEN YAW <groomingbarn@yahoo.com>

Sent: Thursday, January 28, 2021 12:06 PM

To: Mac Corthell <mcorthell@cityofmolalla.com>

Subject: Re: Partition

We would like to do the meeting on Feb 4, 2pm via conference call. Thank You

On Wednesday, December 2, 2020, 11:24:39 AM PST, Mac Corthell <mcorthell@cityofmolalla.com> wrote:

Hello Craig and Kathleen,

I’ve spoken to the City’s land use attorney and he is drafting up a development agreement for all of us to review. I also spoke to him about the tax benefits and learned the following:

  1. 1. This is not legal advice and you should consult with a tax professional to determine whether this is accurate;
  2. 2. It is our understanding that you can claim the land donation as tax deductible;
  3. 3. The city can assist with providing the documents needed, you’ll just need to find out from a tax pro what those are;
  4. 4. Typically you’d need a valuation of the dedicated land and a letter from the city stating that it was in fact donated.

 

I hope this helps, and we’ll let you know as soon as we have a workable Development Agreement to review.

Sincerely,

Macahan “Mac” Corthell, J.D. | Planning Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Phone - 503.829.6855

Fax – 503.829.3676

Email – mcorthell@cityofmolalla.com

Website – http://www.cityofmolalla.com

CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.

From: KATHLEEN YAW <groomingbarn@yahoo.com>

Sent: Tuesday, December 1, 2020 1:49 PM

To: Mac Corthell <mcorthell@cityofmolalla.com>

Subject: Re: Partition

We still would like to donate that area to Molalla and would appreciate any help if we do need letter to posable get tax credit in the future.

On Tuesday, December 1, 2020, 01:27:30 PM PST, Mac Corthell <mcorthell@cityofmolalla.com> wrote:

Hi Kathleen,

Thank you very much for the email and I agree this is a less than desirable circumstance. Unfortunately, City Staff cannot support an SDC credit or any other type of fiscal reprieve for a few reasons. First, as a matter of internal policy we do not incentivize development due to the fact that it would create inequity by asking staff to decide who gets credits/incentives and who does not. Second, the City Council is voting on 12/9/20 to roll transportation SDC’s back to the 2019 rates while they discuss and adopt a more measured set of SDC’s around July of 2021. With SDC’s already being rolled back to a place where they are not high enough to support our transportation system plan, there is really no room for additional credits to any developer/property owner. Third, the piece of property the city is receiving from you is pretty much unbuildable so there is no windfall being gotten by the city. Under the circumstances, the city taking the lot merely relieves the owner of additional tax burden for land that cannot be developed. Finally, if you choose not to donate or the city chooses not to accept, you are left with the burden of developing full frontage, and you are encumbered by the additional tax bill/maintenance for said property.

With all of that said, the city cannot offer incentives for your donation and cannot accept dedication unless you agree to be responsible for full frontage improvements in accordance with ODOT standards, upon development of parcel 1. I’m sorry that I cannot be less absolute on this particular issue, but we are grateful for the dedication you are making. There is however a slight chance that your dedication could be tax deductible. I will look into that to determine whether that is the case and if it is, I can provide you a letter for your taxes.

Please let me know if you intend to dedicate the property as previously discussed, or if the city’s inability to grant credits/incentives has soured you on that prospect. Thank you for your time and consideration.

Sincerely,

Macahan “Mac” Corthell, J.D. | Planning Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Phone - 503.829.6855

Fax – 503.829.3676

Email – mcorthell@cityofmolalla.com

Website – http://www.cityofmolalla.com

CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.

From: KATHLEEN YAW <groomingbarn@yahoo.com>

Sent: Tuesday, December 1, 2020 12:48 PM

To: Mac Corthell <mcorthell@cityofmolalla.com>

Subject: Re: Partition

We would like to go forwarding with donating of creek side of the property we have offered to Molalla. We would be willing to have the frontage of the property that we are donating be rolled back to the rest of the property and be developed at the time that the rest of the property gets developed. This will be a additional expense for us and in turn would like to look at any way we could get relief through SDC and or any other way we can offset some of this additional expense. Possibly when the approximately 2.5 acaras gets developed the city could be responsible for some of the expense of the frontage that the city would then own. Not sure what options could work.

On Thursday, November 19, 2020, 12:43:07 PM PST, Mac Corthell <mcorthell@cityofmolalla.com> wrote:

Macahan “Mac” Corthell, J.D. | Planning Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Phone - 503.829.6855

Fax – 503.829.3676

Email – mcorthell@cityofmolalla.com

Website – http://www.cityofmolalla.com

CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.

From: Mac Corthell

Sent: Monday, November 16, 2020 8:20 AM

To: 'groomingbarn@yahoo.com' <groomingbarn@yahoo.com>

Cc: Dan Zinder <dzinder@cityofmolalla.com>

Subject: Partition

Hi Kathleen and Craig,

I wanted to provide you guys with my email address while Mr. Zinder is out of the office. It was nice to make Craig’s acquaintance this morning, albeit under less than desirable circumstances. I look forward to hearing back on your decision and getting the process moved along either way. Thank you.

Sincerely,

Macahan “Mac” Corthell, J.D. | Planning Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Phone - 503.829.6855

Fax – 503.829.3676

Email – mcorthell@cityofmolalla.com

Website – http://www.cityofmolalla.com

CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.