From: Gerald Fisher
Sent: Tue Mar 03 16:46:34 2020
To: Dan Huff
Subject: RE: Bentley Feed Store: Business License and Temporary Location
Importance: Normal
Their ROW permit expires on 3/30/20 and it looks like they will have the north and south walls done just prior too that date. They may ask for another when the store front work happens in mid-June. If so then we can require everything out of the sidewalk by Wednesday, July 1.
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 <dhuff@cityofmolalla.com>
Sent: Tuesday, March 3, 2020 3:20 PM
To: Gerald Fisher <gfisher@cityofmolalla.com>
Subject: FW: Bentley Feed Store: Business License and Temporary Location
Importance: High
If you have a moment can you take a look at their schedule?
From: Alice Cannon <acannon@cityofmolalla.com>
Sent: Tuesday, March 3, 2020 1:10 PM
To: Dan Huff <dhuff@cityofmolalla.com>
Cc: Spencer Parsons <spencer@gov-law.com>
Subject: FW: Bentley Feed Store: Business License and Temporary Location
Importance: High
Dan,
I am okay with this, if you are. We can discuss more, if you want.
Alice
From: Spencer Parsons <spencer@gov-law.com>
Sent: Tuesday, March 3, 2020 12:58 PM
To: Alice Cannon <acannon@cityofmolalla.com>
Cc: Dan Huff <dhuff@cityofmolalla.com>; Kristen Ketchel-Bain <kristen@gov-law.com>
Subject: FW: Bentley Feed Store: Business License and Temporary Location
Importance: High
FYI.
Spencer Q. Parsons
Beery Elsner & Hammond, LLP
1750 SW Harbor Way, Suite 380
Portland, OR 97201
t (503) 226 7191 | d (503) 802 0014
P Please consider the environment before printing this email.
Caution! This communication may contain a privileged attorney-client communication or attorney work product. Please do not distribute, forward or retransmit without prior approval. If you have received this e-mail by mistake, please notify me by reply e-mail and delete all copies.
From: T. Beau Ellis [mailto:Beau.Ellis@vf-law.com]
Sent: Monday, March 02, 2020 4:07 PM
To: Spencer Parsons
Subject: RE: Bentley Feed Store: Business License and Temporary Location
Importance: High
Spencer,
In follow up to our conversation a few weeks ago, attached is the construction timeline schedule prepared by my client’s contractor, Cascade NW Construction.
Construction is well underway, but as you will see, the schedule is anticipated to wrap up near August 1. On behalf of my client, I am requesting a continuation of the temporary use of the 430 Hart Avenue site (formerly Molalla Fertilizer) until August 31, 2020, in order to allow for adequate move in time.
My client’s contractor only just sent this report to me on Saturday, hence, the delay in providing the update.
Please work with Alice or Dan in regard to this temporary use extension. Thank you for your professional courtesies.
T. Beau Ellis | Attorney at Law
Vial Fotheringham LLP | www.vf-law.com
17355 SW Boones Ferry Rd, Suite A | Lake Oswego, OR 97035
Telephone: 503-684-4111 ext. 336 | Direct: 503-594-8116 | Facsimile: 503-598-7758
Confidentiality Notice: This e-mail message may contain confidential or privileged information. If you have received this message by mistake, please do not review, disclose, copy, or distribute the e-mail. Instead, please notify us immediately by replying to this message or telephoning us. If you have received the message in error, please advise the sender by reply at Beau.Ellis@vf-law.com and delete the message.
Tax Advice Notice: IRS Circular 230 requires us to advise you that, if this communication or any attachment contains any tax advice, the advice is not intended to be used, and cannot be used, for the purpose of avoiding federal tax penalties. A taxpayer may rely on professional advice to avoid federal tax penalties only if the advice is reflected in a comprehensive tax opinion that conforms to stringent requirements.
From: T. Beau Ellis
Sent: Saturday, February 1, 2020 12:52 PM
To: Spencer Parsons <Spencer@gov-law.com>
Subject: RE: Bentley Feed Store: Business License and Temporary Location
Spencer-
Following up from our last conversation regarding the requested issuance of a business license for my client Bentley Feed Inc. My review of the city code indicates that business licenses may be issued for occupants under a temporary use authorization. As I’ve said before, my client wants to ensure it is lawfully operating and has a business license in place with the city. We also expect to submit construction progress information pertaining to the reconstruction of the permanent site (located across from city hall) in the coming weeks as the continuation of the temporary location at 430 Hart Street will be necessary until the permanent site is authorized to be occupied. I expect our general contractor will have a progress summary available around the third week of February (ahead of the March 1 date provided by Alice in her below communications. I’ll be in trial all this coming week and part of the next but will get back to you as quickly as time permits.
Thanks,
T. Beau Ellis | Attorney at Law
Vial Fotheringham LLP | www.vf-law.com
17355 SW Boones Ferry Rd, Suite A | Lake Oswego, OR 97035
Telephone: 503-684-4111 ext. 336 | Direct: 503-594-8116 | Facsimile: 503-598-7758
Confidentiality Notice: This e-mail message may contain confidential or privileged information. If you have received this message by mistake, please do not review, disclose, copy, or distribute the e-mail. Instead, please notify us immediately by replying to this message or telephoning us. If you have received the message in error, please advise the sender by reply at Beau.Ellis@vf-law.com and delete the message.
Tax Advice Notice: IRS Circular 230 requires us to advise you that, if this communication or any attachment contains any tax advice, the advice is not intended to be used, and cannot be used, for the purpose of avoiding federal tax penalties. A taxpayer may rely on professional advice to avoid federal tax penalties only if the advice is reflected in a comprehensive tax opinion that conforms to stringent requirements.
From: T. Beau Ellis <Beau.Ellis@vf-law.com>
Sent: Friday, January 10, 2020 9:13 AM
To: Spencer Parsons <Spencer@gov-law.com>
Subject: Fwd: Bentley Feed Store: Business License and Temporary Location
Spencer-
Please review the below email discussion. I do not understand why the city planner is creating so many problems for businesses within the city concerning issuance of a business license, a ministerial function when the fee is paid and the application is turned in. The city has approved a temporary occupancy for Bentley to operate through March 1, and given that decision a business license should have been issued before the end of the year. I do not want my client to run afoul of the business licensing dilemma that others seem to be now facing in the city. Please instruct Alice to reconsider her decision and issue the business license given that we are lawfully operating under a temporary occupancy for that space. We will of course advise the city of continuing status updates and likely will require some additional time in that temporary space while our rebuild is completed. Thank you, if you have any questions please feel free to call me.
- T. Beau Ellis
Attorney at Law
Sent from my iPhone
Begin forwarded message:
From: "Bentley Feed, Inc." <bentleyfeedinc@gmail.com>
Date: January 9, 2020 at 3:11:12 PM PST
To: Alice Cannon <acannon@cityofmolalla.com>
Cc: Dan Huff <dhuff@cityofmolalla.com>, Julie Larson <jlarson@cityofmolalla.com>, Dan Zinder <dzinder@cityofmolalla.com>, "T. Beau Ellis" <Beau.Ellis@vf-law.com>
Subject: Re: Bentley Feed Store: Business License and Temporary Location
Please mail our check back to us at:
PO Box 41
Molalla, OR. 97038
Thank you,
Ashley Bentley
Bentley Feed, Inc.
503-810-1207
On Jan 9, 2020, at 12:15 PM, Alice Cannon <acannon@cityofmolalla.com> wrote:
January 9, 2020
Ms. Bentley:
Thanks for the note. My message wasn’t intended to say you had responded late. I am restating that your temporary location at 430 Hart is approved until March 1, 2020. If you are requesting to keep your business at 430 Hart longer than March 1, the letter the City sent you on July 29, 2019 states that you need to provide a written update about the status of construction and the projected date for move-in to your permanent location at 110 N. Molalla Avenue. This email serves as a reminder of that upcoming milestone/deadline.
The City will not renew the business license for Bentley Feed in 2020 until the company moves to a location permitted in the Molalla Municipal Code. The store at 430 Hart is prohibited in the underlying zone. The City granted temporary approval and extended to March 1, 2020 while your business worked through plans to rebuild. We look forward to receiving an update on your project and projected move-in date at 110 N. Molalla.
We will not hold the check you sent for the business license renewal in late 2019. Please let us know whether you would like us to mail you the check or whether we should void it. If we don’t hear from you within 10 days, we will void the check.
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
From: Bentley Feed, Inc. <bentleyfeedinc@gmail.com>
Sent: Wednesday, January 8, 2020 7:29 PM
To: Alice Cannon <acannon@cityofmolalla.com>; T. Ellis <beau.ellis@vf-law.com>
Cc: Dan Huff <dhuff@cityofmolalla.com>; Julie Larson <jlarson@cityofmolalla.com>; Dan Zinder <dzinder@cityofmolalla.com>
Subject: Re: Bentley Feed Store: Business License and Temporary Location
Alice,
I’m afraid i have some questions regarding your email below.
Late?... I handed it in to city staff myself on Dec 31, 2019 as it stated on the license renewal paperwork. What check have you been holding? The one I turned in on Dec 31, 2019 with the renewal request the city sent me? Is this the one you’re saying was sent by your office by mistake? Should I have not paid that one but should have paid on another, or not paid at all?? I guess I’m confused as each year we renew our business license at the end of the year, so why would we not this time around..?
As far as responding with an updated time-frame for the temporary location, as you stated before your office needs that before March 1, 2020 and it is only January. Site prep has started, that is true, but we are without a more detailed update at this time given that the construction crew has only been prepping. Once we are given more info, we absolutely will reach out with that information.
Our attorney Beau Ellis is available via email to help with these matters as well. I have included him in this email for convenience should you like to contact him.
Please let me know what more you need from me.
Ashley Bentley
Bentley Feed, Inc.
503-810-1207
On Jan 8, 2020, at 6:09 PM, Alice Cannon <acannon@cityofmolalla.com> wrote:
January 8, 2020
Mr. & Mrs. Bentley:
The City of Molalla received your business license application renewal late in 2019 and has been holding it due to the fact that Bentley Feed is still occupying a temporary location at 430 Hart Avenue. The business license renewal was sent to you in error since your current temporary store location is prohibited in the M-1 zoning district at 430 Hart Avenue.
The City granted an extension of this temporary location to March 1, 2020 in the email below -- sent on July 29, 2019. In the email below, the City asked you to provide a written update about the status of construction and the project date for move-in to your permanent location at 110 N. Molalla Avenue. We see that construction commenced on Monday, January 6 but have not heard any other information relating to your projected schedule for completion.
Please respond to this email with an update, as your temporary location is currently only approved until March 1, 2020. In the meantime, Office Coordinator Julie Larson will be in contact with you about the check you submitted for a business license. The City will NOT hold a check while we await resolution of both the temporary and permanent business locations.
Please reach out if you have any questions.
Sincerely,
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
From: Alice Cannon
Sent: Monday, July 29, 2019 3:02 PM
To: 'Bentley Feed, Inc.' <bentleyfeedinc@gmail.com>; Andy Mcbride <andym@cascadenwco.com>
Cc: T. Beau Ellis <Beau.Ellis@vf-law.com>; Dan Huff <dhuff@cityofmolalla.com>
Subject: RE: Bentley Digital Set
July 29, 2019
Good afternoon Mr. McBride; Ms. Bentley, and Mr. Ellis:
The City of Molalla hereby approves Bentley Feed’s temporary location at 430 Hart Avenue until March 1, 2020. Before March 1, 2020 Bentley Feed must provide a written update to the City about the status of construction and the projected date for move-in. At that time, the City will re-assess the need for a continuation of the temporary location.
Please direct all correspondence to Planning Director Alice Cannon at acannon@cityofmolalla.com, copying City Manager Dan Huff at dhuff@cityofmolalla.com
Thank you for the recent update. We wish you all the best as you begin your rebuilding project. Please reach out if you have any questions.
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
From: Bentley Feed, Inc. <bentleyfeedinc@gmail.com>
Sent: Monday, July 29, 2019 2:25 PM
To: Andy Mcbride <andym@cascadenwco.com>
Cc: T. Beau Ellis <Beau.Ellis@vf-law.com>; Alice Cannon <acannon@cityofmolalla.com>; Dan Huff <dhuff@cityofmolalla.com>
Subject: Re: Bentley Digital Set
Thank you Andy! (With excitement!)
Beau, do you want to fill out that document or me?
Ashley Bentley
Bentley Feed, Inc.
503-810-1207
On Jul 29, 2019, at 1:37 PM, Andy Mcbride <andym@cascadenwco.com> wrote:
Hi Team-
Sorry for the delayed response.
Construction Duration is 180 days once permit is issued.
Move in approximately 20 days following Final.
Summary 200 days +/- building permit issue.
<image001.jpg> Andy McBride
Principal
Cascade NW Construction www.cascadenwconstruction.com
801 E. Main St. Molalla, OR 97038 | O: 503.919.2201 | C: 503-332-0038
OR CCB #201730 | WA #CASCANC821BR | OEC 408 COMMUNICATION
<image005.png>
From: T. Beau Ellis <Beau.Ellis@vf-law.com>
Sent: Monday, July 29, 2019 10:22 AM
To: Alice Cannon <acannon@cityofmolalla.com>; Bentley Feed, Inc. <bentleyfeedinc@gmail.com>
Cc: Andy Mcbride <andym@cascadenwco.com>; Dan Huff <dhuff@cityofmolalla.com>
Subject: RE: Bentley Digital Set
Andy McBride is likely the best-suited to provide those two requested pieces of information. Andy, please reply all identifying the target schedule for:
Thanks,
T. Beau Ellis | Attorney at Law
Vial Fotheringham LLP | www.vf-law.com
17355 SW Boones Ferry Rd, Suite A | Lake Oswego, OR 97035
Telephone: 503-684-4111 ext. 336 | Direct: 503-594-8116 | Facsimile: 503-598-7758
Confidentiality Notice: This e-mail message may contain confidential or privileged information. If you have received this message by mistake, please do not review, disclose, copy, or distribute the e-mail. Instead, please notify us immediately by replying to this message or telephoning us. If you have received the message in error, please advise the sender by reply at Beau.Ellis@vf-law.com and delete the message.
Tax Advice Notice: IRS Circular 230 requires us to advise you that, if this communication or any attachment contains any tax advice, the advice is not intended to be used, and cannot be used, for the purpose of avoiding federal tax penalties. A taxpayer may rely on professional advice to avoid federal tax penalties only if the advice is reflected in a comprehensive tax opinion that conforms to stringent requirements.
From: Alice Cannon <acannon@cityofmolalla.com>
Sent: Monday, July 29, 2019 10:00 AM
To: T. Beau Ellis <Beau.Ellis@vf-law.com>; Bentley Feed, Inc. <bentleyfeedinc@gmail.com>
Cc: Andy Mcbride <andym@cascadenwco.com>; Dan Huff <dhuff@cityofmolalla.com>
Subject: RE: Bentley Digital Set
Good morning,
Thanks for the note yesterday from Ashley and the Beau’s note today. We appreciate your prompt efforts to submit plans to the City for review shortly after Ashley and I spoke by phone in mid-July. After our phone conversation, I wrote Ashley the email included below this email. In that email, we requested a written response from Bentley Feed.
Given that the City has now reviewed and approved the plans for submission to Clackamas County, I think the best course now would be to have Mr. Ellis, Ms. Bentley or another Bentley Feed Company rep send us an email outlining the target schedule for:
This way the City can have something in our file outlining your schedule. This will give us a reference for knowing when the company plans to vacate its temporary location. Once we receive this and briefly review it, we will return an email confirming we have received it and set another date by which we will review this issue again with your company.
This email can be short. It just needs to address the target schedule for two items listed above.
Let me know if you have any questions.
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
From: Alice Cannon
Sent: Tuesday, July 16, 2019 11:46 AM
Subject: Response to your question today regarding an update about your plans to rebuild at 110 N. Molalla Avenue
Good morning Ashley:
On February 11, 2019, the City granted a temporary business license to locate your business at 430 Hart Avenue (see copy of letter below). The zoning in this location does not allow your store as a permitted use. When the City approved the temporary business license, the City stated it would revisit the situation with you by August 11, 2019. You contacted the City about two weeks ago inquiring about the update report the City may need by August 11. Thanks for your patience while I researched this issue.
I visited with City Manager Dan Huff today to learn more about the history of this issue. We are requesting that you submit an update report to us in writing. In an email to me, please indicate when you or your contractor plan to submit construction plans to the City of Molalla for the rebuild of your store at 110 N. Molalla Avenue. From our conversation this morning, you indicated that another agency or consulting firm is currently reviewing the plans for compliance with the Americans with Disabilities Act (ADA). In your written update, please let us know your target date for submission of these plans to the City of Molalla for review. As you may know, the City of Molalla is required to review the plans before Clackamas County Building Department will begin their review.
Please let me know if you have any further questions. I look forward to hearing from you before August 11, 2019.
Kind regards,
Alice Cannon
<image006.png>
From: T. Beau Ellis <Beau.Ellis@vf-law.com>
Sent: Monday, July 29, 2019 9:13 AM
To: Bentley Feed, Inc. <bentleyfeedinc@gmail.com>; Alice Cannon <acannon@cityofmolalla.com>
Cc: Andy Mcbride <andym@cascadenwco.com>
Subject: RE: Bentley Digital Set
Alice-
In follow up to our telephone conversation this past Thursday afternoon, it is my understanding that construction will commence very shortly following final issuance of the necessary permits for construction. Please advise whether you need any further information in order to shore up the temporary occupancy approval. Thank you for your professional courtesies.
T. Beau Ellis | Attorney at Law
Vial Fotheringham LLP | www.vf-law.com
17355 SW Boones Ferry Rd, Suite A | Lake Oswego, OR 97035
Telephone: 503-684-4111 ext. 336 | Direct: 503-594-8116 | Facsimile: 503-598-7758
Confidentiality Notice: This e-mail message may contain confidential or privileged information. If you have received this message by mistake, please do not review, disclose, copy, or distribute the e-mail. Instead, please notify us immediately by replying to this message or telephoning us. If you have received the message in error, please advise the sender by reply at Beau.Ellis@vf-law.com and delete the message.
Tax Advice Notice: IRS Circular 230 requires us to advise you that, if this communication or any attachment contains any tax advice, the advice is not intended to be used, and cannot be used, for the purpose of avoiding federal tax penalties. A taxpayer may rely on professional advice to avoid federal tax penalties only if the advice is reflected in a comprehensive tax opinion that conforms to stringent requirements.
From: Bentley Feed, Inc. <bentleyfeedinc@gmail.com>
Sent: Sunday, July 28, 2019 8:31 PM
To: Alice Cannon <acannon@cityofmolalla.com>
Cc: Andy Mcbride <andym@cascadenwco.com>; T. Beau Ellis <Beau.Ellis@vf-law.com>
Subject: Re: Bentley Digital Set
Alice,
What is your estimated time on the approval for the temp location extension for the rebuild? I need that cemented in before Wednesday as I’ll be unavailable, as I told your office and you before. You, know, needing the ducks in the rows.
Thank you,
Ashley Bentley
Bentley Feed, Inc.
503-810-1207
On Jul 25, 2019, at 4:10 PM, Alice Cannon <acannon@cityofmolalla.com> wrote:
Hello,
You will be receiving an authorization letter from Associate Planner Dan Zinder this afternoon – very soon (within the hour).
Thanks for your patience. This has been coming together today. I waited to respond to Andy’s earlier email until I was certain of when we would be issuing the letter.
Alice
From: Andy Mcbride <andym@cascadenwco.com>
Sent: Thursday, July 25, 2019 3:42 PM
To: Bentley Feed, Inc. <bentleyfeedinc@gmail.com>
Cc: Alice Cannon <acannon@cityofmolalla.com>; Seth Pownall <sethp@cascadenwco.com>
Subject: RE: Bentley Digital Set
Hi Ashley-
I have not heard from Alice and I need a letter from her before I can submit to Clackamas County.
<image002.jpg> Andy McBride
Principal
Cascade NW Construction www.cascadenwconstruction.com
801 E. Main St. Molalla, OR 97038 | O: 503.919.2201 | C: 503-332-0038
OR CCB #201730 | WA #CASCANC821BR | OEC 408 COMMUNICATION
<image004.png>
From: Bentley Feed, Inc. <bentleyfeedinc@gmail.com>
Sent: Thursday, July 25, 2019 12:43 PM
To: Andy Mcbride <andym@cascadenwco.com>
Cc: acannon@cityofmolalla.com; Seth Pownall <sethp@cascadenwco.com>
Subject: Re: Bentley Digital Set
Andy,
Have you heard a response from the city or have you guys submitted for the permits to the county?
Ashley Bentley
Bentley Feed, Inc.
503-810-1207
On Jul 18, 2019, at 10:52 AM, Andy Mcbride <andym@cascadenwco.com> wrote:
Hi Alice-
I have attached the digital set as requested and our office has dropped off a check for the $50 fee, do you have an estimated review time?
Thank you, if you have any questions please don’t hesitate to email or call.
<image007.jpg> Andy McBride
Principal
Cascade NW Construction www.cascadenwconstruction.com
801 E. Main St. Molalla, OR 97038 | O: 503.919.2201 | C: 503-332-0038
OR CCB #201730 | WA #CASCANC821BR | OEC 408 COMMUNICATION
<image004.png>
<2019-07-17 190195 Stamped Drawings.pdf>