"file:///C:From: Gerald Fisher
Sent: Tue Jan 09 14:01:04 2018
To: Spencer Parsons; Dan Huff
Cc: David Doughman; Kristen Ketchel - Bain
Subject: RE: Jim Taylor Appeal
Importance: Normal
Hi Spencer,
It was required under the old and is required in the new code. There is a condition as part of the partition plat approval for “Applicant to satisfy any required conditions from the Molalla Public Works Director, relative to frontage improvements or other public works (contact Marc Howatt, at 503 829-6855)” The conditions were done by a contracted County Planning Department. We do not have a copy of that file to determine if Howatt provided any conditions but have an email into the County Planning Department to get copies of the file. Whether Howatt documented anything is unclear and I am not aware of any PW records for this project. My default is to say the improvements were required by code back then and we have taken the neighboring property owner to Court to force the completion of their frontage improvements which amazingly were conditioned. If you don’t think we are on solid ground due to it being a code requirement then we can drop it or we can ask the applicant to provide proof that he was waived of the condition for frontage improvements spelled out in the Planning approval done by the County.
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
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From: Spencer Parsons [mailto:Spencer@gov-law.com]
Sent: Tuesday, January 09, 2018 10:38 AM
To: gfisher@cityofmolalla.com; Dan Huff <dhuff@cityofmolalla.com>
Cc: David Doughman <David@gov-law.com>; Kristen Ketchel - Bain <Kristen@gov-law.com>
Subject: FW: Jim Taylor Appeal
Dan and Gerald,
David has asked me to lend a hand in this matter. I’ve looked briefly at the relevant documents David forwarded and I think there are a couple of preliminary questions the City needs to answer. First, we need to make sure that the City is on solid footing to require ROW improvements (or a remonstrance waiver) when the applicant is seeking to rebuild substantially the same facility previously approved without such a requirement being imposed. Second, we need to look into the applicant’s argument regarding the City’s authority to require a waiver of remonstrance, when the Code explicitly authorizes it in certain sections and is silent elsewhere. If the City does in fact have the authority to require the improvements this time around, this second question may turn into a “be careful what you wish for” issue.
I will let you know what I find out.
Spencer
Spencer Q. Parsons
Beery Elsner & Hammond, LLP
1750 SW Harbor Way, Suite 380
Portland, OR 97201
t (503) 226 7191 | d (503) 802 0014
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From: David Doughman
Sent: Monday, January 08, 2018 2:37 PM
To: Spencer Parsons
Cc: Kristen Ketchel - Bain
Subject: FW: Jim Taylor Appeal
Would you be able to assist me with a matter for Molalla?
David F. Doughman
Beery Elsner & Hammond LLP
From: Gerald Fisher [mailto:gfisher@cityofmolalla.com]
Sent: Monday, January 08, 2018 2:29 PM
To: David Doughman
Cc: Dan Huff (Molalla)
Subject: FW: Jim Taylor Appeal
Hi David,
I spoke with our Transportation Engineer and he said he needed to talk with you directly regarding rough proportionality. His analysis on other projects were related to offsite improvements. In this case, the frontage improvements are a standard condition of development so RP would not apply. If you could contact Scott Mansur, DKS Associates at 503.391.8773 to discuss that would be great. I could not find any condition related to frontage improvements in the Planning files for the original project. The Planner at the time only noted “unimproved” and “remote” area in his findings. In a partition plat done by the County Planning Dept (under contract with the City in 2013) they stated that they had not received conditions or comments from the then PW Director and that the applicant would need to coordinate with the City PW Director for required frontage improvements. We have looked in our files and do not have a copy of the planning files from the County.
The roadway was identified in the TSP in 2001.
The building was added on to in 2006 and the code at the time required half street improvement. The applicant did not extend the water and sewer services to the end of the property or comply with stormwater detention requirements.
The partition was done in 2013 and no record exists of the applicant complying with the street improvement requirements.
Hence my CofA for a waiver of remonstrance for street improvements.
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: Dan Huff [mailto:dhuff@cityofmolalla.com]
Sent: Monday, January 08, 2018 9:17 AM
To: 'Aldo Rodriguez' <arodriguez@cityofmolalla.com>
Cc: Gerald Fisher <gfisher@cityofmolalla.com>; 'Christie DeSantis' <cdesantis@cityofmolalla.com>
Subject: Jim Taylor Appeal
Aldo – We need to have the following completed:
1. Meeting notice for the 17th in the Paper and on the Website and Facebook (Not a Public Notice).
2. Make sure the appellant receives one.
3. Gerald will ask our Traffic Engineer to perform a Rough Proportionality analysis.
4. Make sure the Adult Center is available.
5. I would like you to scour the original decision and find anything that has not been completed by Mr. Taylor. For example – Is the water line actually installed?
Dan Huff
City Manager
City of Molalla, Oregon
(503) 829-6855
_______________________________________________________________________________
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