RE: Scandia

From: Gerald Fisher

Sent: Wed Nov 04 16:05:41 2020

To: Mac Corthell

Subject: RE: Scandia

Importance: Normal

Mac,

Please gorward original email with attachments to Andy and Adam so they can repair. Thx.

Sent from my Verizon, Samsung Galaxy smartphone

-------- Original message --------

From: Mac Corthell <mcorthell@cityofmolalla.com>

Date: 11/4/20 3:11 PM (GMT-08:00)

To: Mike Penunuri <penunuri@molallafire.org>

Cc: Vince Stafford <vstafford@molallafire.org>, Gerald Fisher <gfisher@cityofmolalla.com>

Subject: RE: Scandia

Thank you, Mike. I’ll chat with Gerald about this and see what we come up with. I do have one follow-up question… does this mean the hydrant next to the belt manufacturer is a no go?

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: Mike Penunuri <penunuri@molallafire.org>

Sent: Wednesday, November 4, 2020 2:54 PM

To: Mac Corthell <mcorthell@cityofmolalla.com>

Cc: Vince Stafford <vstafford@molallafire.org>

Subject: RE: Scandia

Hello Mac. I finally got over to Avisons on Monday to flow water. Sorry it took so long. Below is a summary of my findings. I have CC’d Chief Stafford on this as well.

Hydrant next to the belt manufacturer. I was unable to open this hydrant fully. The stem hit a stopping point about 6 to 8 turns in and I was afraid to continue in fear of breaking the stem on the hydrant. The initial water flow from this hydrant was black that turned to a rust red and finally cleared. We had water is flowing from the stem of this hydrant when opened. The hydrant was overgrown with berry briers and is currently blocked with a dumpster, conveyer belts, a fork lift that does not run and gravel. I spoke with the occupant of the belt plant about the required clear space around and in front of hydrants and explained to him why we needed this space. He is going to have things cleared out by the end of next week.

Hydrant two across from where the carnival stuff is stored, still has a black bag around it. I did not remove the bag to flow water. Generally a black bag means that the hydrant is out of service. However, I also know that the city bagged the hydrants in the area for potential water theft. Not knowing which it was, I left the hydrant alone. In this same area, just North of this hydrant, there is water seeping from the ground that is running down to towards the belt manufacturer. As per the occupant of the belt building, this has been going on for “Quite some time”. I don’t know where the water is coming from but it appears to be a constant flow. The carnival people have also erected a large tent type shelter so they can store some of their carnival stuff out of the weather. I have no idea how long it has been there but it looks like it is pretty new.

The hydrant at main street across from the car wash, flows the best water. However, there is water shooting from the valve stem when the hydrant is opened.

I have attached pictures documenting the above. Just information. Feel free to share this with Public Works or whom ever you see fit. Take care.

Mike Penunuri

Lieutenant/Paramedic

Molalla Fire District

503-829-2200 Ext. 104

This message is confidential. It may also be privileged or otherwise protected by work product immunity or other legal rules. If you have received it by mistake, please let us know by e-mail reply and delete it from your system; you may not copy this message or disclose its contents to anyone.

From: Mac Corthell <mcorthell@cityofmolalla.com>

Sent: Monday, November 02, 2020 8:23 AM

To: Robinson, Michael C. <MRobinson@SCHWABE.com>

Cc: mrogers@iclamerica1.com

Subject: RE: Scandia

Hi Mike and Mike,

That is pretty much accurate, but want to clarify a couple of things.

1. Water pressure – the fire department is good with the pipe, they will pressure test (last week or this) to ensure the pressure is good. We (the city) have pressure tested it in the past and it was good then, so it should be good now so long as nothing has changed.
2. Refunds - I have not looked into refunds because I want to see what applications you guys might be filing and apply the credits, it’s easier for all that way.
3. Night Watchman – I don’t see an issue with the approach you laid out, but I would caution you that allowing an RV as quarters long-term will not likely be an approved variance or amendment. There are other ways to accomplish having a guard such as a guard shack, but I have not looked deeply into the code on that.
4. Business License/Plumbing – The fire hurdle seems to be behind us, but the sewer line legalization is still an issue. While the land use issues may not be relevant, the building code/public works standards remain in-play. I don’t believe public works will issue the license without a legal sewer line. I agree this is a land owner issue, which is why we could approve scandia’s license to operate somewhere else, but can’t approve any operation on this site until the land owner corrects the issue. It’s really as simple as getting a city sewer permit, having a plumber install a clean out, and having the city (based on the permit) inspect the connection to the city’s line. This could be done in less than a day.

It seems that we are literally a legalized sewer line away from issuing the permanent license. I’ll follow-up with the Fire District to ensure their pressure test was positive and we can set a date to chat any time, just send me some options.

Thank you both and have a great week.

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

From: Robinson, Michael C. <MRobinson@SCHWABE.com>

Sent: Sunday, November 1, 2020 10:47 AM

To: Mac Corthell <mcorthell@cityofmolalla.com>

Cc: mrogers@iclamerica1.com

Subject: Scandia

Hi, Mac.

I had meant to follow-up our October 23 call with this note before now. Please feel free to correct me if you think that I have misstated anything.

1. Water Pressure. Mike Rogers and I understood you to say that the water pressure testing issue has been resolved. You indicated that the site had a working fire hydrant.
2. Fee Refund. You said that you would check on this. Have you had the chance to do so?
3. Night Watchman. I’ve had a chance to review the withdrawn application for a night watchman dwelling in an RV and the staff report to the Planning Commisison. While there are several reasons that Alice recommended denial, the main reason was that she found that the night watchman had to be in a structure and that an RV is not a structure; I think you said the same thing. If that’s the case, then reapplying for the same thing probably wouldn’t be useful. I do have a potential solution. The Temporary Use category in the Molalla Development Code allows three types of temporary uses. The third type are temporary uses for no more than six consecutive months and the category includes a trailer:

“Temporary Buildings, Trailers, Kiosks, and Other Structures. Through a Type II procedure, pursuant to Section 17-4.1.030, the City shall approve, approve with conditions, or deny an application for a placement and use of a temporary building, trailer, kiosk, or other structure, based on following criteria:”(emphasis added)

The start of the Temporary Use section describes the temporary uses as including:

“Temporary uses are characterized by their short term or seasonal nature and by the fact that permanent improvements are not made to the site. Temporary uses include, but are not limited to: construction trailers, leasing offices…”(emphasis added). An RV as the night watchman facility isn’t any different from a construction trailer or leasing office that one sees on construction sites. If Scandia could proceed with this kind of application, the n the night watchman facility could be approved for six months. During the six months, Scandia would apply for an amendment to the MDC to allow RV’s for a night watchman without the structure requirement.

Mike Rogers and I are wondering if you would consider this approach for the night watchman facility?

4. Business License.

The business license issued to Scandia is a temporary business license, However, Mike Rogers and I read the Molalla Municipal Code as providing for both permanent and temporary business licenses. We discussed with you that Scandia wants a permanent business license, which is renewed annually and we understood you to say that you would look at this issue and that the business license can’t be held up beacsue of the land use issue. You suggested that Scandia reapply for a permanent license. Have you had the chance to consider this issue? Scandia’s preference is to have a permanent business license that is renewed annually.

5. Plumbing Permit.

Mike Rogers and I understood you to say that the plumbing permit needs to be legalized and approved by the City and that the County approval of the plumbing permit dos not satisfy this requirement. We said that this is a seller/lessor issue and that we will notify the seller/lessor of this issue.

Let’s plan on talking this week.

Michael C. Robinson

Shareholder

Direct: 503-796-3756

Mobile: 503-407-2578

mrobinson@schwabe.com

Schwabe Williamson&Wyatt

Please visit our COVID-19 Resource page

__________________________________________________________

NOTICE: This email may contain material that is confidential, privileged and/or attorney work product for the sole ‎use of the intended recipient. Any review, reliance or distribution by others or forwarding without express ‎permission is strictly prohibited. If you are not the intended recipient, please contact the sender and ‎delete all copies.‎