From: Alice Cannon
Sent: Wed Apr 22 19:19:30 2020
To: Spencer Parsons
Cc: Dan Huff; Gerald Fisher; Kristen Ketchel-Bain
Subject: RE: Do you have any updates for us?I had a conversation with LGI Homes today
Importance: Normal
Thank you for the summary, Spencer. I am just finishing a City Council Work Session so decided to respond.
I didn’t package everything Mike sent me today, but I also don’t want to package information unless I know what I need to address. So maybe it’s best for us to review the written information they send us.
I did hear from LGI Homes that they may consider adding sprinklers to all of the remaining homes in order to obtain COs in more timely way. I told them that we would be open to that idea, though it would require a plan modification with the Building Official. It wouldn’t, however, remove the larger issue of having several more than 30 current homes in the development that have already been signed off but don’t have the required secondary fire access. So that resolution may be a dead-end.
I just can’t agree with this statement you reported from your conversation with Andrew.
“He said that, after talks with ODOT broke down, full improvements connecting to 211 were never an option and that the Fire Official deemed a temporary fire access unnecessary because of the existing (if temporary) emergency access on Molalla Forest Road, which would ultimately be supplemented when the properties along 211 develop and the Ona connection is completed.”
Just because talks break down with ODOT doesn’t mean the developer is off the hook or can’t fulfill the requirement. As we all know, talks break down with ODOT all the time . It just means that applicants and cities put on their thinking caps and keep negotiating until a resolution is reached with all parties. Those extra steps didn’t happen here.
Also Mike Penunuri never approved temporary emergency access on Molalla Forest Road. I have emails from Mr. Penunuri countering that comment.
Lastly, we have all now read the email where Mike Penunuri made a “gentleman’s agreement” with Gordon Root to not require the Ona Way access point until the first combustible building is constructed in Phase III (in essence this means the access roadway needs to be in place before the first building is constructed.) After we finished an April 2, 2020 Pre-App meeting with Stafford Land Company, it was abundantly clear that Stafford Land Company didn’t ever intend to build the Ona Way extension with Phase III construction. They claimed several times that they weren’t required to build the street. It was at that point that Mr. Penunuri, the County Building Official and City staff felt that any previous “gentleman’s agreement” needed to be off the table. The City, Molalla Fire District and Clackamas County Building need to use whatever leverage they have to ensure the applicant complies with this safety and access condition from the original PUD.
Spencer: Let’s limit any “negotiating” or responding at this point. They should take the time they need (within reason) to compile their written arguments and also any written plans they have to comply. Time is of essence for LGI. Any verbal negotiating just plays into their wish to get out of this requirement. Let’s keep the burden on Stafford to explain their position in writing and also outline how and when they intend to meet their PUD conditions.
Stepping off the soap box now. Have a good evening,
Alice
From: Spencer Parsons <spencer@gov-law.com>
Sent: Wednesday, April 22, 2020 6:41 PM
To: Alice Cannon <acannon@cityofmolalla.com>
Cc: Dan Huff <dhuff@cityofmolalla.com>; Gerald Fisher <gfisher@cityofmolalla.com>; Kristen Ketchel-Bain <kristen@gov-law.com>
Subject: RE: Do you have any updates for us? I had a conversation with LGI Homes today
It was an inconclusive conversation. Andrew did not have proposal terms ready when we spoke but said he put something in writing in the next day or so. He said that he has some “smoking gun” documentation that the parties (and decision) did not contemplate the properties along 211 as part of the PUD at the time of approval, but that the southern boundary of the PUD footprint is where the Ona stub ends, and that the conditions addressing the level of Ona improvements apply only within the PUD footprint.
He also continues to maintain that Molalla Forest Road was the secondary emergency access that the parties settled on after encountering problems at ODOT with the Ona Way connection, even if considered temporary until the Ona connection with 211 is made. He pointed to the ODOT letter discussing the two options of 1) full improvements or 2) a temporary fire access if deemed necessary by the Fire Official. He said that, after talks with ODOT broke down, full improvements connecting to 211 were never an option and that the Fire Official deemed a temporary fire access unnecessary because of the existing (if temporary) emergency access on Molalla Forest Road, which would ultimately be supplemented when the properties along 211 develop and the Ona connection is completed. I haven’t had a bunch of time to look at the materials Gerald forwarded but it may provide some of these questions regarding Molalla Forest Road.
I asked him to pass along anything he deemed a “smoking gun” with his proposal for our own evaluation of it.
Spencer Q. Parsons
Beery Elsner & Hammond, LLP
From: Alice Cannon [mailto:acannon@cityofmolalla.com]
Sent: Wednesday, April 22, 2020 4:45 PM
To: Spencer Parsons
Cc: Dan Huff; Gerald Fisher
Subject: Do you have any updates for us? I had a conversation with LGI Homes today
Hi Spencer,
I kept it upbeat and told them we would keep the dialogue open because we want their future residents to be able to occupy the remaining homes as soon as possible. I emphasized that the conversation will be most productive if we can receive an update from Stafford Land Company on when they plan to move forward with the needed short-term steps for the fire access and Ona Way extension.
Alice