From: Gerald Fisher

Sent: Fri Aug 02 14:35:37 2019

To: Ron Farner

Cc: Dan Huff; Keith Swigart; Alice Cannon

Subject: RE: Revised Plot Plan

Importance: Normal

Attachments: image001.wmz; image002.png;

 

Mr. Farner,

We are not requiring all utilities to be undergrounded as set out in the municipal code

17-3.6.090.B Facility Installation: Adopted Installation Standards: The City of Molalla has adopted Public Works Design Standards for public improvements and private utility installation within the public right-of-way.

2017 Molalla Standard Specifications for Public Works Construction

2.2.34 Utilities

The following specifies the minimum requirements for utilities:

a. Franchised utilities shall be located underground, outside the paved road if possible, to avoid future cuts in pavement.

b. A Public Utility Easement (PUE) shall be required adjacent to rights-of-way on all frontages to public roadways; PUE widths shall be as provided in conformance with Subsection 1.17.14, “Easements,” and the City’s detail drawings. PUE’s shall be graded as per Subsection 2.2.27, “Curbs and Grading Outside of Street,” from back of curb or sidewalk unless otherwise approved by the City’s authorized representative. Earthen berms or any other encroachments are not allowed within a PUE.

c. On all phased (interim) road improvements, the necessary utilities shall be stubbed across the interim improvement to assure that cuts are not necessary when the road is expanded to its full width. A 5-year moratorium will prohibit street cuts on all projects. The moratorium begins when a project is complete, and the warranty begins. Check with the Public Works Department for a current list of streets on the 5-year moratorium.

d. Except for sanitary sewers, storm sewers and water mains, underground utilities intended to provide direct service to adjacent properties with future connections shall not be located in the full-width paved section of a street to be constructed.

e. Underground utilities that must cross an existing paved street shall not be installed by any method that cuts the pavement, unless approved by the City’s authorized representative.

f. Underground utilities shall be buried a minimum depth of 36 inches, measured from finished grade to top of utility.

I could require you to underground the utilities fronting your property. Instead, I am electing to allow for the power pole relocation into the Public Utility Easement and out of the Public Right of Way.

Molalla Municipal Code

17-3.6.060.C Utilities: Exception to Undergrounding Requirement. The City Engineer may grant exceptions to the undergrounding standard where existing physical constraints, such as geologic conditions, streams, or existing development conditions make underground placement impractical. (Ord. 2017-08 §1)

You as the developer are required to pay for the relocation of the utility pole into the PUE and PGE as a franchise utility is required to relocate the pole as directed by the City.

If we want to follow the entire letter of you bringing your site up to standards then we can modify your conditions of approval to include full undergrounding of utilities and replacement of sidewalks and driveways to meet the current City standard of 6 feet in width. That would mean removal and replacement of the existing sidewalk and driveway as well as the placement of two utility poles to facilitate undergrounding of the utilities. The franchise utilities may also elect to have one pole installed and require you to underground utilities to the next pole down the street.

As discussed in our meeting here at City Hall on July 5, you are responsible for bringing your site up to standards and the staff has been more than accommodating to help you reach your goals. Please make the change to the plan and start your pole relocation process as soon as possible. Public Works will not be able to sign off on occupancy for your facility until all Public Works conditions are met. Thank you.

Regards,

Gerald Fisher, P.E. | Public Works Director

City of Molalla

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

Office: 503.829.6855 | Direct: 503.759.0218

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: Alice Cannon <acannon@cityofmolalla.com>

Sent: Friday, August 2, 2019 10:32 AM

To: Ron Farner <rfarner@claraphi.com>

Cc: Gerald Fisher <gfisher@cityofmolalla.com>; Dan Huff <dhuff@cityofmolalla.com>; Keith Swigart <kswigart@cityofmolalla.com>

Subject: RE: Revised Plot Plan

Mr. Farner:

Thank you for the email. I will forward your comment to Gerald Fisher, as the original comment about the PGE came from him.

Regarding my correspondence on July 3, I just sent you another copy of the email I sent to your assistant Ms. Missy Marshall. I asked her to forward it to you. I sent the message through her because during that time period you were not corresponding with me via email or phone, but using Ms. Marshall as your communication point person. I assumed it was best to send correspondence through her.

As I have said since our last in-person conversation in early June, I am happy to discuss any questions you have about the Planning Department’s plan review comments. To date, you haven’t wanted to talk to me. I am also happy to speak with your design professionals, if that’s easier. We are here to help you, Mr. Farner. That said, we need you to complete some steps before we are ready to issue your development proposal an Authorization to Release Building Permits.

Kind regards,

Alice Cannon

Alice Cannon | Planning Director

City of Molalla

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

Office: 503.829.6855 | Direct: 503.759.0219

acannon@cityofmolalla.com

From: Ron Farner <rfarner@claraphi.com>

Sent: Friday, August 2, 2019 10:08 AM

To: Alice Cannon <acannon@cityofmolalla.com>

Cc: Gerald Fisher <gfisher@cityofmolalla.com>; Dan Huff <dhuff@cityofmolalla.com>; DAVID CHRISTENSEN <dnc727@gmail.com>; Keith Swigart <kswigart@cityofmolalla.com>; mike.mccallister@icloud.com

Subject: RE: Revised Plot Plan

Alice,

The 2 PDF you included cannot be opened. I have no correspondence from July 3rd from you the last correspondence was June 18, so not sure what you are asking for? The June 18 information was supplied to the new architect, as I have no idea what you want I assume he has addressed your needs in the plot plan supplied to Gerald. Is this what you wanted?

Per the PGE pole I am not sure how this is my responsibility, I have given you 10% of my property, I have contacted PGE and they have stated they will not move it, not needed. I just walked around the surrounding area and every pole is in the sidewalk, but I am required to make a change? I did not put the pole in and should not be responsible to pay hundreds of dollar to move it unless every other business is also required to do so. As Gerald stated the city is not redoing the sidewalk other than one small spot for sewer hookup. Please supply me with the city ordinance that stated I must correct the cities errors?

I am not sure why you are making this such a negative experience, I have gone through 3 city planners of which not one has had the same interpretation as to the city rules or requirements. The project started Oct 2018, I have met with city personal 8 different times to make sure everyone was on the same page before ever buying the property. I have had to hire two architects to try to comply with your request and one engineer and the more information I supply the further the goal post is moved. I don’t expect special treatment even though I have been a business owner in the community for over 25 years, but I don’t expect to be required to do things that no one else has been required to do.

Please make it clear to me, is the draft sent to you what you wanted? Or what is missing?

What else do you need from me that is consistent with what has been allowed by other recently built builders? Example the bike rake we supplied to you didn’t meet your standards but it is the same one used at the NEWLY built transportation building just completed by the city. Or requiring us to screen our outside heat pump even though we have a 6 foot fence surrounding our property (the unit cannot be seen by surrounding business). But the newly build dental office has units surrounding their building without any screening and it looks fine. Or requiring us to put stone work on the side of our building that has a 2 foot clearance distance between the fence to the building and will not be seen by anyone. In our last meeting with you , Gerald Fisher, Mike McCallister (Clackamas former head city Planner), my contractor, my self and my assistant none of these were an issue at that meeting, what changed.

I am not sure what you or the city wants or what I can do to satisfy the ever changing requirements. Let me know ASAP, as I am 99% close to walking away and the lot can sit empty for years.

Ron Farner, MBA

Sr. Wealth Manager

(503) 829-4344

248 Center Ave

PO Box 988

Molalla, OR 97038

Note:This message is for the designated recipient only and may contain privileged, proprietary, or otherwise confidential information. If you are not the intended recipient or otherwise believe that you have received this message in error, please notify the sender immediately and delete the original from your computer. Any dissemination, distribution, copying, or other use of this message or any of its content by any person other than the intended recipient is strictly prohibited. Investment Advisory Services offered through Claraphi Advisory Network LLC, a SEC Registered Investment Adviser. Warning: All email sent to or from the Claraphi Advisory Network’s email system is subject to archival, monitoring and/or review by Claraphi compliance.

From: Alice Cannon <acannon@cityofmolalla.com>

Sent: Thursday, August 1, 2019 3:28 PM

To: Ron Farner <rfarner@claraphi.com>

Subject: FW: Revised Plot Plan

Good afternoon Ron,

Please see Gerald’s comment below on the submittal you made to him earlier today. I look forward to receiving responses to the comments I transmitted to you on July 3, 2019 at 2:40 p.m.

Gerald Fisher’s Comment, based on the 8/1/19 Updated Plot Plan submittal:

The power pole needs to be moved into the Public Utility Easement.

Let me know if you have questions.

Regards,

Alice Cannon

Alice Cannon | Planning Director

City of Molalla

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

Office: 503.829.6855 | Direct: 503.759.0219

acannon@cityofmolalla.com

From: Gerald Fisher <gfisher@cityofmolalla.com>

Sent: Thursday, August 1, 2019 2:28 PM

To: Alice Cannon <acannon@cityofmolalla.com>

Cc: Dan Zinder <dzinder@cityofmolalla.com>

Subject: FW: Revised Plot Plan

Hi Alice,

Received this from Ron. Still not sure why he wont submit to both of us since it would save time.

My only comment is that the power pole needs to be moved into the PUE.

Thanks.

Regards,

Gerald Fisher, P.E. | Public Works Director

City of Molalla

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

Office: 503.829.6855 | Direct: 503.759.0218

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: Ron Farner <rfarner@claraphi.com>

Sent: Wednesday, July 31, 2019 2:06 PM

To: Gerald Fisher <gfisher@cityofmolalla.com>

Subject: FW: Revised Plot Plan

Gerald,

Please review and let me know if this is adequate for what you were looking for? If not what is missing?

Ron Farner, MBA

Sr. Wealth Manager

(503) 829-4344

248 Center Ave

PO Box 988

Molalla, OR 97038

Note:This message is for the designated recipient only and may contain privileged, proprietary, or otherwise confidential information. If you are not the intended recipient or otherwise believe that you have received this message in error, please notify the sender immediately and delete the original from your computer. Any dissemination, distribution, copying, or other use of this message or any of its content by any person other than the intended recipient is strictly prohibited. Investment Advisory Services offered through Claraphi Advisory Network LLC, a SEC Registered Investment Adviser. Warning: All email sent to or from the Claraphi Advisory Network’s email system is subject to archival, monitoring and/or review by Claraphi compliance.

From: Steve Kay <steve@cascadiapd.com>

Sent: Wednesday, July 31, 2019 1:42 PM

To: Ron Farner <rfarner@claraphi.com>

Subject: Revised Plot Plan

Ron,

Using your email information and architect plans, I made revisions to the attached plot plan. I also added labels and I believe that the plan now includes everything that Gerald has requested for the submittal. If everything looks okay from your perspective, the plan will print to scale on an 18”x24” sheet of paper. Please let me know if there is anything else you need from me, or if you would like to make any changes to the layout.

Thanks,

Steve Kay, AICP

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image

Planning + Development Services

PO Box 1920

Silverton, OR 97381

503-804-1089

steve@cascadiapd.com