From: Alice Cannon

Sent: Tue Apr 21 15:14:14 2020

To: Spencer Parsons; Dan Huff; Gerald Fisher

Subject: I just got off the phone with Gordon Root

Importance: Normal

 

rHi,

The main message I conveyed is that his attorney and Spencer will be talking later today and I don’t want to get ahead of that conversation. That said, I did highlight the steps I believe would get us to resolution. They are the ones I mentioned in the earlier email to you this afternoon:

  1. a. Stafford needs to build the temporary gravel fire lane that was promised with Phase 1 (see above). As I mentioned on the phone, the alignment may need to be different because it is the same as the street alignment. It seems counterintuitive to have the emergency access be unusable during construction of the street. In any event, the temporary gravel fire lane needs to be approved by the Fire Marshal, in a location acceptable to the City, Fire Marshal, and Building Official.

 

  1. b. Stafford needs to dedicate the right-of-way in an alignment acceptable to the City Public Works (Gerald) and ODOT. Stafford has already produced an alignment for the Ona Way extension that met the City’s needs. They simply need to dust that off and request another review of the City and ODOT. Upon approval of the final alignment, they need to take care of the dedication of that right-of-way to the City and ODOT, following processes established for both agencies.

 

  1. c. Stafford needs to submit a preliminary design of the street, along with an engineer’s estimate with adequate line-item detail for City and ODOT review. The design for each agency will be different because the City is only responsible for improvements in its own right-of-way, while ODOT is interested in design in its right-of-way. The preliminary design and estimate should be accompanied by a project schedule, showing milestone dates for completion of design, submission of plans to ODOT and the City for approval, and the duration of construction. The final deadline should be inclusive of the projected time needed for each of the milestone items.

 

  1. d. Following City approval of the preliminary design, milestone timeline, and cost estimate; Stafford needs to submit a letter of credit or bond (or financial guarantee that meets requirements for the City and ODOT.). The City’s financial guarantee will be for improvements in the City’s r/w. ODOT’s financial guarantee will cover improvements in its r/w. A performance deadline will be attached to the bond.

 

Gordon and Bryan countered with:

  1. 1. The properties along Highway 211 are not and were never in the PUD.

 

  1. 2. ODOT and the City have rejected the Ona Way right-in/right-out design, making it infeasible.

 

  1. 3. Molalla Forest Road was recognized as an approved secondary fire access on the final plat.

 

  1. 4. More generally, they believe the Final Plat shows secondary fire access meeting Fire Code.

 

I told Gordan and Bryan that our attorneys would be speaking this afternoon and that I didn’t want this phone conversation to interfere with anything they will discuss. I also told them that if they disagree with something we believe to be true, they are welcome to submit evidence otherwise. We are happy to review it. They reiterated several times that they don’t want the future homeowners for LGI homes to be held hostage by this issue.

We left it there….It was generally cordial.

Alice