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HomeMy WebLinkAboutCorrespondence Miscellaneous 1/28/2008 (3) .t I 'j G R P II P . MA eKE N...Z.i.E , " I ,:1 ,'j.,.. ,,-,..,-.-.'. ~ig;~:': · ~~ff~i~fV"::;~~ 1 , .' ".,' ..~._g, ~::~:~;:>:i;'~;-g;:. ,. 0 _ : ---' K~~"Q:I"'~' ,:'. ._._ .~t~:8:'~:;~ ~ ~_. O~i';;:~~-o::5t '_ ~1~~~1~~; = . ~~R~ ~ ~~~~{?fZ ' clri'corporated:,.:' " /S~ft;~~fA"~ -~ ,:~':;'" ~Arr.bill;lcllJrl?';~~ '... . :;t;, '''t,. \.:-,-- _ " ~',~ ,~Ii t,HI')r~ " ~, :~!f!' J :~: . ::": \_ '. I ' '.,'_Sin...;.tur;,lt., .'. " :~~t~6:~i~~jin'~ ~','~~;:.--... , ~':'Cjvi(,E"r;glneeririg. .~i~~, : ItIlClurl;l:,,'f.,',', : ~~l~;;.i':~l:;~\~~' " .,,~.~ . '.. :4;~' January 28, 2008 RECEIVED (Hand Delivery) Springfield City Council Attention: Mayor and City Council 225 5" Street Springfield, Oregon 97477 JAN 2.82008 . .. _..-1_ ~~~ BY:.~ JM. . Re: Marcola Meadows Master Plan Technical Response #2 Re;ponse to Applicant Appeal of Master Plan Condition #27 City of Springfield Journal No, LRP2007-00028 City of Springfield Appeal Case No. ZON2008-00002 Group Mackenzie Project Number 2070518,00 Dear Mayor and City Council: This letter has been prepared to support the SC'Springfield, LLC appeal of Master Plan Approval Condition #27 of the Planning Commission Decision dated December 20,2007 for the Marcola Meadows Master Plan. In general, to meet adopted mobility standards at the Martin Drive and Lowe's intersections on Marcola Road in 2015, a form of traffic control 'higher' than STOP control is necessary. As such, the Applicant has proposed installation of traffic signals when warranted and City staff has indicted a preference for installation of roundabouts. In support ofthe Applicant's proposal, the following issues are more specifically addressed: 1. City of Springfield Development Code Requirements 2. Property Impacts 3, Summary 1. CITY OF SPRINGFIELD DEVELOPMENT CODE REQUIREMENTS The Villages at Marcola Meadows development proposal complies with City of Springfield . Development Code requirements. As specifically stated on page 35 (Attachment 1-36) of the Staff Report, Staff states, "ThuS, from a capacity standpoint existing and proposed transportation facililies would be sufficielll to meet applicable performance standards for roadways impacted by traffic generated by the proposed development at build-out i112015. " In other words, the Applicant's proposed traffic signal mitigation is sufficient to meet City adopted performance standards. > H:\PROJECTS\207051800\WP\LTR\080128 Tech Response 2.doe " 4..-: '.', .i I Springfield City Council Marcola Meadows Master Plan January 28, 2008 Page 2 It is important to note, the City's adopted performance standards do not specifically identify a safety criterion needing to be met. Data contained in the Applicant's analysis indicate an extremely low crash history with only one (1) recorded crash in the last five (5) years along the section of Marcola Road adjacent the'subject property. City staff has indicated roundabouts are generally a safer form of intersection control than traffic signals but staff has not provided evidence indicating installation of a traffic signal is unsafe or will create a safety deficiency. Therefore, installation of traffic signals at the Martin Drive and L'owe's interseCtions with Marcola Road, when warranted, are an appropriate and acceptable form of traffic control meeting City of Springfield Development Code requirements. 2. PROPERTY IMPACTS It is the goal of the City: to create the most efficient transportation system possible, while minimizing impacts and meeting Development Code requirements. Graphical materials submitted in to the record by both the Applicant and the City clearly indicate roundabouts have greater property ,impacts than do traffic signals. Overall, traffic signals are the most appropriate form of mitigation to address these issues. Regardless of proportionality, it is not appropriate to create unnecessary property impacts when a more . property-efficient solution is available meeting City standards. . . 3. SUMMARY This letter has been prepared in support of the Applicant's proposal to install traffic signals at the Martin Driv~' and Lowe's intersections with Marcola Road, when warranted, Installation oftraffic signals will ~eetSpringfield Development Code requirements, will not create an unsafe condition, and are more property-efficient, i.e., require less right-of-way than roundabouts. Therefore, we concur with the Applicant's proposal to install traffic signals when warranted as the most appropriate form of infrastructure mitigation. Sincerely, ~r~ Christopher M. Cleniow, P,E., P.T.O,E. Transportation Engineer . , I c: Richard Satre - Satre Associates, PC Stephen Gale - Lowe's HlW H:\PROJECTS\20705J800\WP\LTR\080128 Tech Response'2.doc . , A y,"" . ..."' Page 1 of 4 .4;Y"" '. RECEIVED From: Nick Shevchynski [allocutionofjustice@yahoo.com] Sunday, January 27, 2008 7:43 PM BARNETI' Brian; Lee Beyer; Bill Carpenter; Fred Cross; Johnny Kirschenmann; Terri Leezer; Sheri Moore; Eric Smith; BALLEW Anne (SMTP); Springfield Mayor; LUNDBERG Christine (Springfield Councilor); PISHIONERI Joe (Springfield Councilor); RALSTON David (SMTP); WOODROW John; WYLIE Hillary (Springfield Councilor); Ame Alvarado; Karen Alvarado; SOWA Amy; Cindy Coop; Curt Deatherage; Dennis Hunt; Dennis Jones; LAFLEUR Karen; kart; Roberta Miller-Spencer; Jack Moran; Philip Micheal Newman; Philip Newman; C. Shevchinski; Nick Shevchynski; James C. Spickerman Subject: RE: "villiages" information/reply JAN 2 8 Z008 ~ Cffr'Yl~ LAFLEUR Karen By: Sent: To: ~ "As ~ta1ed in the flier. . . ." Well, we knew we were no longer in Eugene. . The flier was printed on slick non- recyclable paper. "The numose of the meeting _ _". g-et olle~tions. answered. II So why didn't you (or someone)? Wes Swanger said you (or someone) didn't answer questions but danced around them. . At one point he asked if there had been traffic studies made and after going around and around and around he fmally interrupted and said he wanted what he asked for: a "yes" or "no" answer. These are his words, Go ask him and get an ear full. Ken FaIk asked what was to prevent motorist from by-passing the traffic circle when it becomes a mess and driving down the frontage road. The answer? The reply went around and around and the question was never answered. These are Nancy FaIk's words. Go ask her and get two ear fulls. , Another person said he never was able to get any questions in at all. Another reason we know we are not in EUl'ene What about the bike path? Neither I nor anyone I spoke with recalls a single word about it. Are they going to be sent on a suicide mission around the roundabout or traffic circle? One of the problems is that the City has failed to give adequate attention to the other freeway off-ramp: High Banks Road. During the first planning commission hearing Rick Satre said he had a whole pile of traffic studies. It is true. We have seen them. Wes Swanger was pUzzled and kept asking why didn't the City admit to them being in existence. It seems that citizen involvement in Springfield is tolerated only to what is the very minimal as required by law. See attachment 8-13 where the city wants a $11,270 fee to appeal , our concerns before the city council. The North Springfield Citizens Committee was. fonned in the 1970's ~hen Gary Karp was still working at Weyerhaeuser. In 1973 K-Martplanned to build on the Pierce property and the North Springfield Citizens Committee was successful in K-Mart's relocation. In 1975 the Marcola Road residents woke-up to fmd themselves in the 1128/2008 , J.-'.' Page 2 of 4 '4' City and promptly voted themselves out. Councilor Adams proclaimed, "If you don't want to be in the city we don't want you!" A couple years later. the boundary committee scheduled a hearing to annex Marcola Road but declared it postponed due to ice on the roads. Since the meeting was canceled the Marcola Road residents didn't attend but three committee members did and annexed Marcola Road. The North Springfield Citizens Committee has been active since, including dealing with Springfield and Lane County in the 1983 Marcola Road improvements, and everyone on Marcola Road met over the Harlow clan project. One of the questions is if the City changed or created new and/or additional requirements to be recognize does the City have an obligation to inform the committees/associations? Some of the problems with City's plan attachment 6-3: I. Takes land from citizens. Lawyer Leahy says it won't but that's just lawyer Leahy talking. After the City uses the 17 feet it will want yet more for a setback and right of way. It seems the first item is always: how can the City take private land? - . 2. Breech of contract. When the citizens paid for the sidewalks et ai, and gave up property the government said that would be the end of it. 3. The City says the developer will pay. The City said the taxpayers would pay. Which is it? 4. The roundabout creates wasted space. 5. There is no safe, or no way period in heavy traffic, to exit the access lane. Moving traffic will not stop, especially in the middle of a long stretch of road. 6. No.way to cross the road. Besides children and the elderly there are several residents confmed to wheelchairs. They may want to shop at "Lowe's." 7. Problems with emergency vehicles attempting to enter narrow access lanes - mail delivery problem. 8. Huge costs to tear-up and replace sidewalks and underground utilities. SUB's utility poles subject to another email. The problems with applicant's plan: a. Not enough lanes for traffic flow - traffic will back-up longer than projected due to length of trucks with trailers, trucks to and from Borden's, Roseboro, WalImart, Jerry's Coast to Coast, Winco, National Guard, Kingsford, Reeds, etc. The traffic studies missed this. b. Too many entrances onto Marcola Road. c. No turn lanes. Solutions: 1/28/2008 i_", Page 3 of 4 :;;. Add a lane of traffic from 19th to 28th on the North side creating three lanes and a center lane, and add turn lanes. There is nothing on the north side to move. The utility poles have already been moved to the south side. Martin Drive (who is Martin?) has two proposed entrances, one on 31 st and one on Marcola. One entrance on Marcola could feed all the traffic allowing for one less intersection and free more land for commercial.use. Having traffic lights is more beneficial to merchants as it tends to feed more customers than if they just zoomed by without stopping. Evervone outside city staff says a roundabout should go in at 28th and Marcola and that the City's plan is crazy. (And 19th/Q StreetJMarcola Road) The City says it's too expensive to remove the traffic light. How many millions of dollars is the roundabout going to cost in the middle of Marcola between the two traffic lights? And what about traffic light maintenance over the years? And all the roundabout will do is feed traffic in the middle so it backs~up in the middle from the two traffic lights at the ends. ' ' BARNETT Brian <bbarnett@ci.springf"leld.or.us> wrote: Mr. Shevchynski, , have just arrived in the office and read your email attached below. Your request will be forwarded to the appropriate people in City of Springfield. I will not be providing the materials you request. . As stated in the flyer inviting the neighborhood along Marcola Road; the purpose of the meeting tonight is to review, discuss, and get questions answered about Marcola Road improvements related to the development of the Marcola Meadows Master Plan. City staff will describe the applicanta€TMs proposal for managing traffic along Marcola Road and the one relevant condition of approval adopted by Planning Commission to the Master Plan of the subject site. You are welcome to attend and participate in the discussion on the topic of Marcola Road traffic management. Regards, Brian From: Nick Shevchynski [mailto:allocutionofjustice@yahoo.com] Sent: Wednesday, January 02, 2008 12:42 PM To: BARNETT Brian Subject: "villiages" information 1-2-08 To Brian Barnett, bbarnett@ci.snring-field.or.us. This will serve to confirm that I left a couple messages and visited the office on Monday, 12-31-07. I request that you make available for inspection the complete file on the proposed "Villages at Marcola Meadows" proposed project. Nick Shevchynski 1/28/2008 ;',-, ta Never miss a thing. Make Yahoo your homena2:e. Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Trv it now. 1/28/2008 Page 4 of 4 --. Page I ofl -;. LAFLEUR Karen From: Nick Shevchynski [allocutionofjustice@yahoo.com] Sent: Sunday, January 27, 2008 6:47 PM To: LAFLEUR Karen Subject: North Springfield Citizens Committe ,Follows is a partial list of at least 10 members of the North Springfield Citizens Committee. For an address you may use: Member, North Springfield Citizens Committee . c/o 2347 Marcola Road Springfield, Oregon 97477-2565 Dennis Hunt Linda Hunt Amanda Hunt Sam Dandurand Greg Olaen Anatole Brashnyk Sandy Miller Elizabeth Sanchez Nancy Falk Ken Falk Fran Flocchini Wes Swanger Jeannee Beauchairie . Nick Shevchynski Clara Shevchinski Rafael Campos Adrian Campos Ruby Maser Joe maser Philip Newman Trustee , Look.i.i1g for last minute shopping deals? Find them fast with yahoo! Search. 1/28/2008 ", Page 1 of I "" LAFLEUR Karen , From: Nick Shevchynski [allocutionofjustice@yahoo,com] Saturday, January 26, 20084:26 PM Lee Beyer, Bill Carpenter; Fred Cross; Johnny Kirschenmann; Terri Leezer; Sheri Moore; Eric Smith;' BALLEW Anne (SMTP); Springfield Mayor; LUNDBERG Christine (Springfield Councilor); PISHIONERI Joe (Springfield Councilor); RALSTON David (SMTP); . WOODROW John; WYLIE Hillary (Springfield Councilor); Ame Alvarado; Karen Alvarado; SOWA Amy; Cindy Coop; Curt Deatherage; Dennis Hunt; Dennis Jones; LAFLEUR Karen; karl; Roberta Miller-Spencer; Jack Moran; Philip Micheal Newman; Philip Newman; C. Shevchinski; Nick Shevchynski; James C. Spickerman Subject: "Where does the water come from" - part two Sent: To: There flows an irrigation ditch (named as we knew it from 1953) through the property formerly known as the Pierce property and now the proposed Villages at Marcolameadows. During,the hearings before the planning commission all references to the waterway were directed to young Matt Stouder, PW Engineer. During the last hearing the commission asked, "Where does the water come from?" The staff pointed at young Matt as the expert who stood \ . up and answered, "I don't know." At least he was honest. Wes Swanger and I spend over two hours on Tuesday, January 15 and one-half hour on Thursday, January 17 going through meso How much time did the planning commission spent collectively? In the files is a terrific. study by Branch Engineering commissioned and paid for by the applicant addressirig this waterway. There are photographs going back to the 1930's. It was accurate and complete. I ,would have liked to have had more time to study it. ' The point, in a nutshell, is shame on the city of Springfield's staff. The amount of paper work required and generated is obscene. No one is ever going to read it all much less understand it. It is beyond all common sense. As example you should try and read the traffic studies (not the summations). . Looking for last minute shopping deals? find them fast with Yahoo! Search. , r 1/2812008 -, Page 1 of I .,- 'J LAFLEUR Karen Sent: To: From: Nick Shevchynski [allocutionofjustice@yahoo.com] Thursday, January 24, 2008 5:41 PM Lee Beyer, Bill Carpenter; Fred Cross; Johnny Kirschenmann;.Terri Leezer; Sheri Moore; Eric Smith; BALLEW Anne (SMTP); Springfield Mayor; LUNDBERG Christine (Springfield Councilor); PISHIONERI Joe (Springfield Councilor); RALSTON David (SMTP); , WOODROW John; WYLIE Hillary (Springfield Councilor); Ame Alvarado; Karen Alvarado; SOWA Amy; Brenda; Cindy Coop; Curt Deatherage; Dennis Hunt; Dennis Jones; LAFLEUR Karen; karl; Roberta Miller-Spencer; Jack Moran; Philip Micheal Newman; Philip Newman; C. Shevchinski; Nick Shevchynski; James C. Spickerman Subject: ex parte continued Everything being emailed is also emailed to lawyer Spickerman. And everything emailed to -lawyer Spickerman will be re-emailed to everyone so lawyer Leahy can't say (truthfuIly) that lawyer Spickerman received it after the fact. Never miss a thing. Make Yahoo your homenalle. 1/25/2008 '. Page I of! ':~ LAFLEUR Karen From: Nick Shevchynski [allocutionofjustice@yahoo.com] Thursday, January 24, 2008 5:38 PM Lee Beyer; Bill Carpenter; Fred Cross; Johnny Kirschenmann; Terri Leezer; Sheri Moore; Eric Smith; BALLEW Anne (SMTP); Springfield Mayor; LUNDBERG Christine (Springfield Councilor); PISHIONERI Joe, (Springfield Councilor); RALSTON David (SMTP); WOODROW John; WYLIE Hillary (Springfield Councilor); Ame Alvarado; Karen Alvarado; SOWA Amy; Brenda; Cindy Coop; Curt Deatherage; Dennis Hunt; Dennis Jones; LAFLEUR Karen; kart; Roberta Miller-Spencer; Jack Moran; Philip Micheal Newman; Philip NewmaJ1; C. Shevchinski; Nick Shevchynski; James C. Spickerman Subject: ex parte Sent: To: Before the last planning commission hearing I sent the planning commission an email. At the beginning of this hearing everyone deClared they received it as ex parte. Some said they deleted it, some said they forwarded it to the Secretary. When it was' sent to the secretary before the hearing didn't it become subject to'public infonnation and thusly no longer ex parte? Iflawyer Leahy'provides it to lawyer Spickerman is it still ex parte? Only Beyers implied he didn't read it. During an exchange between Beyers and the president of the commission they both began repeatedly back and forth referring to Marcola Road as Mohawk Road. It has not been called Mohawk Road in decades, except for me in that email I sent. So did they read it before the hearing or not? Never miss a thing. Make Yahoo vour homena!!e. , 1/25/2008 '..' , Page I of I LAFLEUR Karen. Nick Shevchynski [allocutionofjustice@yahoo.com] Thursday, January 24,20084:52 PM Lee Beyer, Bill Carpenter; Fred Cross; Johnny Kirschenmann; Terri Leezer; Sheri Moore; Eric Smith; BALLEW Anne (SMTP); Springfield Mayor; LUNDBERG Christine (Springfield Councilor); PISHIONERI Joe (Springfield Councilor); RALSTON David (SMTP); WOODROW John; WYLIE Hillary (Springfield Councilor); Arne Alvarado; Karen Alvarado; SOWA Amy; Brenda; Cindy Coop; Curt Deatherage; Dennis Hunt; Dennis Jones; LAFLEUR Karen; karl; Roberta Miller- Spencer; Jack Moran; Philip Micheal Newman; Philip Newman; C. Shevchinski; Nick Shevchynski; James C. Spickerman Fwd: Re: File Review of 'Villages @ Marcola Meadows"/reply/confirmation of 1-4-08 conversation ., Attachments: Re: File Review of 'Villages @ Marcola Meadows"/reply/confirmation of 1-4-08 conversation From: Sent: To:. Subject: Note: forwarded message attached. Never miss a thing. Make Yahoo vour homena!!e. 1/25/2008 Page I of I " LAFLEUR Karen From: Nick Shevchynski [aliocutionofjustice@yahoo.com] Thursday, January 24, 20084:37 PM .' Lee Beyer; Bill Carpenter, Fred Cross; Johnny Kirschenmann; Terri Leezer; Sheri Moore; Eric Smith; BALLEW Anne (SMTP); Springfield Mayor; LUNDBERG Christine (Springfield Councilor); PISHIONERI Joe (Springfield Councilor); RALSTON David (SMTP); WOODROW John; WYLIE Hillary (Springfield Councilor); Ame Alvarado; Karen Alvarado; SOWA Amy; Brenda; Cindy Coop; Curt Deatherage; Dennis Hunt; Dennis Jones; LAFLEUR Karen; karl; Roberta Milier-5pencer; Jack Moran; Philip Micheal Newman; Philip Newman; C. Shevchinski; Nick Shevchynski; James C. Spickerman Subject: Shasta Dam Sent: To: Toward the end of the last of the planning commission hearings on the proposed Villiages at Marcola Meadows commissioner Beyers, speaking on behalf of the commissioners, said that traffic is on no concern at all in that like water traffic will simply flow to the areas of least resistance. I propose that the City learn what those other avenues will be by simply blocking off Marcola Road with concrete barriers for a week, like a Shasta Dam, and discover where the traffic will go. ' Be a better friend, newsholind, and know-it-all with Yahoo! Mobile. Trv it now. 1/25/2008 Page I of 1 .' . LAFLEUR Karen From: . Nick Shevchynski [allocutionofjustice@yahoo.com] , Wednesday, January 23, 20086:38 PM BALLEW Anne (SMTP); Springfield Mayor; LUNDBERG Christine (Springfield Councilor); PISHIONERI Joe (Springfield Coupcilor); RALSTON David (SMTP); WOODROW John; . WYLIE Hillary (Springfield Councilor) , Subject: Army Corps of Engineers and Oregon National Guard Sent: To: ,On Friday, January 18, 2008 Wes Swanger and Nick Shevchynski viewed a copy of the application submitted to the Army C,orp of Engineers for the water on the fonner Pierce property. We saw no response from the Army Corp of Engineers. After the rock and footing was installed for the building at the new Oregon national Guard site across North 31st Street from the former Pierce property it had to be dug out and re- done as the ground was too soft. About a week after the Springfield Planning Commission rubber-stamped the proposal for the "Villages at Marcola Meadows" soil samples were taken from the former Pierce property site. Never miss a thing. Make Yahoo vour homena<!e~ 1/25/2008 , Page 1 ofl ,. LAFLEUR Karen Nick Shevchynski [allocutionofjustice@yahoo.com] Monday, January 21,20087:33 PM . BALLEW Anne (SMTP); Springfield Mayor; LUNDBERG Christine (Springfield Councilor); PISHIONERI Joe (Springfield Councilor); RALSTON David (SMTP); WOODROW John; WYLIE Hillary (Springfield Councilor); Lee Beyer; Bill Carpenter; . Fred Cross; Johnny Kirschenmann; Terri Leezer; Sheri Moore; Eric Smith; Karen Alvarado; SOWA Amy; Brenda; Cindy Coop; Curt Deatherage; Dennis Hunt; Dennis Jones; LAFLEUR Karen; kan; Roberta Miller-Spencer; Jack Moran; Philip Micheal Newman; Philip Newman; C. Shevchinski; Nick Shevchynski Fwd: Ga Ka -lScriber'serror:~"shouldilie'''WOOI(jn~:ii:a'<'''al\'ciddliflONE7I ry rp~ .. '"..... .,r.i"-,_"",_"",__"".::->;_;,,,,_,,Pe!,..___,,.._~~, f,'--,^"---J""f"<'m~'-' -..--,=.,,,...., '''ft '-~::S'th"at' , ." .'-~--..-"P a CrCi,\Cln.a~!.".':':~~!l::J'''v "-talm"R::"ktuno,IUIO'l, .;.ow ;:...Ul,.."....'-_." ..~, '>1'41 ~.al!!.j;O:)'';i,~';.i_,''''~~~,..~".J.vMii.;~'lirt/,''''.~'~.-~:;..-f!J;t.!<'.rl'_-t;:'''';m:f.1~'to~~i1.,\l',~"~_'fi>'I':'~',.".."""-"'-,::J..,i~ Attachments: Gary Karp From: Sent: To: Subject: Note: forWarded message attached. Never miss a thing. Make Yahoo vouc homenaQe. " .' 1/2512008 Page I of2 k LAFLEUR Karen ~ From:. philip newman [pntrustee@yahoo.com] Sent: Monday, January 21,2008,7:17 PM To: aliocutionofjustice@yahoo.com Subject: Gary Karp January 20, 2008 From Philip Newman at pntrustee@vahoo.com To Springfield City Council via allocutionofiustice@vahoo.com Re: Gary Karp, Villages at Marcola Meadows, failure to give notice In an attempt to curtail back door and behind closed doors deals Oregon law attemp1s to dictate how the cities must inform the public of their decision-making processes. The law . states, among other things, that property owners within 300 feet of the proposed land use change must be informed by mail. Property owners 301 feet and beyond, and residents within and beyond the 300 feet are to be informed by the posting of a notice on the subject property. This law is including in the Springfield Code. Gary Karp admi1s that this law was not followed. . As anyone who has attempted to do anything in Springfield knows the City requires a list of tasks to be completed before permission is given., The City requites that the applicant , . complete these tasks and requires that the applicant submi1s to the City that those requirements have been met. This is what the City requires of ordinarY citizens who have no relationship. with staff and/or administration. . In response to my appeal Gary Karp states that these requiremen1s that the City applies to ordinary citizens does not apply to the applicant in this case. What kind of other shortcuts does the city allow and to whom? Mr. Karp states that posting a notice as required by law . informing non"property owners 301 feet and beyond and residents within and beyond 300 feet is not necessary because' the applicant and not the City was required to do so. The applicant and not the city was required to submit a permit from the Aimy Corp of Engineers, apply and submit transportation studies, so on and so forth. Just because the City does not do a requirement does not excuse the applicant from doing it. Usually. Mr. Karp states that the criteria of approval, or conditions of approval were not addressed. This would be impossible to address because Gary Karp failed to make a check-list to mark off if Springfield's SDC 5.2- I 15 was done. Mr. Karp argues that because notice was not provided under SDC 5.2-115, and a person did not appear because that person waS not noticed Under SDC 5.2-115, that person may. not appeal because no notice was provided. He states that a person who had no notice should have made an appearance and preserved on the record that the person had no notice and had no knowledge of the hearing he waS suppose to attend that he had no knowledge of. Wouldn't it appear odd if on appeared in a meeting to claim he had no knowledge of that meeting? Apparently not to Mr. Karp. . "Appellant Newman lives in Creswell. . . "wrote Mr. Karp. This is incorrect. Appellant Newman owns property and resides in Cottage Grove., He owns property in Creswell. He 1/25/2008 Page 2 of2 ~;' \ Newman owns property and resides in Cottage Grove. He owns property in CreswelL He owns property at 1307 F Street in Springfield. All three are listed in the telephone book. Wes Swanger and Nick Shevchynski spend Tuesday and Friday afternoon at the office of Gary Karp looking through Mr. Karp's documents on the Villages at Marcola Meadows and he could have asked. Mr. Karp also had the email address of allocutionofiustice@yahoo.com with which he could have asked. It is also my understanding that people residing outsideSpringfield gave testimony. Lots of them. It is my understanding that out of all the documents, and there is a hand cart's worth, all the transcripts, there is only.been one known affidavit subrilitted. The staff not fmding my name in the affidavit, as is all of Gary Karp's response, is without merit. Mr. Karp failed to address the criteria of approval and/or conditions of approval because of his failure of providing notice arid/or confinning that notice was given. Philip Newman trustee Be a better friend, ney;shound, and know-it-all with Yahoo! Mobile. lIT_it now. 1/25/2008 Page I of2 ~.' LAFLEUR Karen From: philip newman [pntrustee@yahoo.com] Sent: Monday, January 21,20087:17 PM To: allocutionofjustice@yahoo,com Subject: Gary Karp January 20, 2008 From Philip Newman at pntrus1ee@yahoo.com To Springfield City Council via allocutionofiustice@vahoo.com Re: Gary Karp, Villages at Marcola Meadows, failure to give notice In an attempt to curtail back door and behind closed doors deals Oregon law attempts to dictate how the cities must inform the public of their decision-making processes. The law states, among other things, that property owners within 300 feet of the proposed land use change must be informed by mail. Property owners 301 feet and beyond, and residents within and beyond the 300 feet are to be informed by the posting of a notice on the subject property. . This law is including in the Springfield Code. Gary Karp admits that this law was not followed. . As anyone who has attempted to do anything in Springfield knows the City requires a list of tasks to be completed before permission is given. The City requites that the applicant complete these tasks and requires that the applicant submits to the City that those requirements have been met. This is what the City requires of ordinary citizens who have no relationship with staff and/or administration. . In response to my appeal Gary Karp states that these requirements that the City applies to ordinary citizens does not apply to the applicant in this case. What kind of other shortcuts does the city allow and to whom? Mr. Karp states that posting a notice as required by law informing non-property owners 301 feet and beyond and residents within and beyond 300 feet IS not necessary because the applicant and not the City was required to do so. The applicant and not the city was required to submit a permit from the AnDY Corp of Engineers, apply and submit tran.:.yv. ...lion studies, so on and so forth. Just because the City does not do a requirement does not excuse the applicant from doing it. Usually. Mr. Karp states that the criteria of ....y.""al or conditions of uyyw Jal were oot addressed. This would be impossible to address because Gary Karp fuiled to make a check-list to mark off if Springfield's SDC 52-115 was done. Mr. Karp argues that because notice was not provided under SDC 5.2- I 15, and a person did not appear because that person was not noticed under SDC 5.2-115, tha~ person may not appeal because no notice was provided. He states. that a person who had no notice should have made an "t'r-~""''''" and preserved on the record that the person had no notice and had no knowledge of the hearing he was suppose to attend that he had no knowledge of. Wouldn't it appear odd if on appeared in a meeting to claim he had no knowledge of that mCeting? Apparently not to Mr. Karp. "Appellant Newman lives in Creswell. . . .. wrote Mr. Karp. This is incorrect. Appellant 1/25/2008 Page 2 of2 ~;. < Newman owns property and resides in Cottage Grove. He owns property in Creswell. He owns property at 1307 F Street in Springfield. All three are listed in the telephone book. Wes Swanger and Nick Shevchynski spend Tuesday and Friday afternoon at the office of Gary Karp looking through Mr. Karp's documents on the Villages at Marcola Meadows and he could have asked. tvtr. Karp also had the email address of allocutionofjustice@yahooccom with which he could have asked. It is also my understanding that people residing outside Springfield gave testimony. Lots of them. It is my understanding that out of all the documents, and there is a hand cart's worth, all, the transcripts, there is only been one known affidavit submitted. The stiuf not finding my name in. the affidavit, as is all of Gary Karp's response, is without merit. Mr. Karp failed to . address the criteria of approval andlor conditions of approval because of his failure of providing notice andlor confirming that notice was given. Philip Newman trustee -_..-(-----~-_.,_._-~ Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Jrv it now, 1/25/2008 , Page 1 ofl ~,. LAFLEUR Karen From: Nick Shevchynski [allocutionoijustice@yahoo.com] Sent: Thursday, January 17, 2008 12:05 PM ' To: LAFLEUR Karen Subject: Re: Army Corp of Engineers Joint Permit Application - Villages @ Marcola Meadows & Code File'2189 Marcola Rd/reply , . I will not have any question of you regarding what is inany files so don't be concerned. 3:00 p.m. today, Thursday, it is. LAFLEUR Karen <klafleur@#springfieltlor.us> wrote: , Hi Nick: , I only have one time slot available this afternoon @ 3:00 a€" 3:30 for you to look at the Engineer report. I do want you to know that it is only the application to the Corp that we have at this time as it is still in the approval process with the Army Corp of Engineers. I can also have available the code file you wanted to look at, but you need to remember I canapMt answer any questions regarding that file, you would need to talk with Cindie Mott. Cindie will be here in the office but is only available until 3:30 when she will be in a meeting. Let me know if this is going to work for you today or otherwise it will have to be sometime next. Karen :Km.en .ea!ilavt City of Springfield Program Technician, Urban Planning Section (541) 744-3387 klafleu rlalci .sori nafield. or. us Looking for last minute shopping deals? Find them fast with Yahoo! Search. . r 112512008 Page I of2 ;,' LAFLEUR Karen ._-,-----_.._-~_._---~~ . . From: Nick Shevchynski[allocutionofjustice@yahoo,com] Tuesday, January 15, 2008 12:49 PM Springfield Mayor; BALLEW Anne (SMTP); LUNDBERG Christine (Springfield Councilor); PISHIONERI Joe (Springfield Councilor); RALSTON David (SMTP); WOODROW John; WYLIE Hillary (Springfield Councilor); Lee Beyer; Bill Carpenter; Fred Cross; Johnny Kirschenmann; Terri Leezer; Sheri Moore; Eric Smith; Karen Alvarado; SOWA Amy; Brenda; Cindy Coop; Curt Deatherage; Register fetters Guard; Dennis Hunt; Dennis Jones; LAFLEUR Karen; karl; Roberta Miller-Spencer; Jack moran; Philip Micheal Newman; Philip Newman; C. Shevchinski; Jack Wilson Subject: RE: ."Springfield caught in a street fighf'/reply Sent: To: To Sid Leiken: Based on my experience and observations Joe Leahy is the city manager. Nick.shevchynski Springfield Mayor <mayor@l:i.springfield.or.us> wrote: Nick Thank you. I will forward your e-mail to City manager, Gino Grimaldi. Respectfully Sid Leiken From: Nick Shevchynski [mailto:allocutionofjustice@yahoo.com] Sent: Mon 1/14/2008 6:12 PM To: BALLEW Anne (SMTP); Springfield Mayor;, LUNDBERG Christine (Springfield. Councilor); PISlllONERI Joe (Springfield Councilor); RALSTON David (SMTP); WOODROW John; WYLIE Hillary (Springfield Councilor); Lee Beyer; Bill Carpenter; Fred Cross; Johnny Kirschenmonn: Terri Leezer; Sheri Moore; Eric Smith; Brenda; Curt Deatherage; Dennis Hunt; Dennis Jones; Roberta Miller-Spencer; Jack Moran; Philip MicheaI Newman; Philip Newman; C. Shevchinski Subject: "Springfield caught in a street fight" , Monday, January 14,2008 Re: "Springfield caught in a street fight" by Jack Moran in The Register Guard 1/25/2008 Page 20f2 ". " v I confIrmed today with Wes Swanger and Nancy Falk, and you may do so, that the city of Springfield silid that the City plans to pay for the changes to the sought side of Marcola Road, that they "found money in the budget," and that the City wanted to do the construction on the south side so the City could "have control" over the construction. When the government billed the south side land owners for the sidewalks, et al, and moved the property lines and setbacks further to the south the government said that "would be the end of it.". It reminds me of what the government told Chief Joseph and the rest of the Indians when their land was taken. Nick Shevchynski Be abetter friend, newshound, and know-it-all with Yahoo! Mobile. Try it now. Be a bitter friend, newshound, and know-it-all with Yahoo! Mobile. Trv it now. 1/25/2008 Page I of! ,..,' LAFLEUR Karen From: Nick Shevchynski [allocutionofjustice@yahbo.com] Tuesday, January 15,20086:15 PM BALLEW Anne (SMTP); Springfield Mayor; LUNDBERG Christine (Springfield Councilor); PISHIONERI Joe (Springfield Councilor); RALSTON David (SMTP); WOODROW John; WYLIE Hillary (Springfield Councilor); Lee Beyer; Bill Garpenter; Fred Cross; Johnny Kirschenmann; Terri Leezer; Sheri Moore; Eric Smith; Karen Alvarado; SOWA Amy; Brenda; Cindy Coop; Curt Deatherage; Dennis Hunt; Dennis Jones; LAFLEUR Karen; kart; Jack Moran; Philip Micheal Newman; Philip Newman; C. Shevchinski Subject: Springfield caught in a street fight - bombshell dropped Sent: To: "Springfield caught in a ~eet fight" Monday, January 14,2008, The Register-Guard: , "Springfield officials find that surprising. . . . " "But Belle dropped a bombshell on the city last week when he took the unusual step of formally asking the City Council to review a December planning commission ruling that allows construction to begin on Springfield's first large-scale mixed-,!se project. " "City officials say they were caught off guard by the complaint" Really? "Last week" would be January 7-12. On December 31, 2007 the City called for a meeting of the Marcola Road residents for January 2, 2008 and at this meeting those representing the City told the room that their information led them to believe that an appeal by the developer would be filed; that any subsequent appeals over the highway plan may be for naught. N. Shevchynski Never miss a thing. Make Yahoo vour homenal.!e, 1125/2008 Page lof 1 '. .' LAFLEUR Karen From: Nick Shevchynski [allocutionofjustice@yahoo.com] Sent: Sunday, January 13, 2008 6:44 PM To: LAFLEUR Karen Subject: Re: Confirmation - File Review ~Villages at Marcola Meadows/comfirmed and request Confirmed - also I would like to see the file on Maser's 2 I 89 Marcola Road file for code violations. LAFLEUR Karen <klajleur@l:i.springfield.or.us> wrote: Hi Nick: After our phone conversation this moming, 1i3€™m just confirming that you will be coming to review all files pertaining to the Villages at Marcola Meadows on Tuesday, January 15th, 2008 @2:00a€"3:30 p.m. in DSD 615. I will have for your review the following files. ZON2005-00028 i3€" Development Issues Meeting LRP2006.{)0027 i3€" Metro Plan Amendment Type II ZON2006-00030 i3€" Pre-Application Report ZON2006-00054 i3€" Zone Change Type III LRP2007.{)0028 i3€" Master Plan Approval Type III SUB2007~00037 ;'3€" Property Line Adjustment ZON2008-00002 i3€" Appeal Type IV (S C Springfield) for LRP2007-00028 ZON2008-00003 i3€' Appeal Type IV (Donna Lentz) for LRP2007-00028 If I dona€™t hear back from you, I will assume that the above date is confirmed. Thanks Nick. Karen ~ .ea5lavt City of Springfield Program Technician, Urban Planning Section (541) 744-3387 klafleur@ci.sorinafield.or.us ,Looking for last minute ,shopping deals? Find them fast with Yahoo!. Searr.h 1/25/2008 Page I of I ,;.: LAFLEUR Karen LAFLEUR Karen Wednesday, January 09, 2008 1 :30 PM 'Nick Shevchynski' LEAHY Joe (HL); DONOVAN James; MOTT Gregory; GRILE Bill; BOY A TT Tom; BARNETT Brian; SOWA Amy; KARP Gary; JONES Brenda ' Subject: Confirmation - File Review -Villages at Marcola Meadows From: Sent: To: Cc: Hi Nick: After our phone conversation this moming, I'm just confinning that you will be coming to review all files pertaining to the Villages at Marcola Meadows on Tuesday, January 15th, 2008 @ 2:00 - 3:30 p,m, in DSD 615. I will have for your review the following files. .. ZON2005-00028 - Development Issues Meeting LRP2006-00027 - Metro Plan Amendment Type II ZON2006-00030 - Pre-Application Report . ZON2006-00054 '- Zone Change Type III . LRP2007-00028 - Master Plan Approval Type III SUB2007 -00037 - Property Line Adjustment ZON2008-00002 - Appeal Type IV (S C Springfield) for LRP2007 -00028 ZON2008-00003 - Appeal Type IV (Donna Lentz) for LRP2007 -00028 If I don't hear back from you, I will assume that the above date is confinned. Thanks Nick. Karen . :Kmtm .eafJlewt City of Springfield Program Technician, Urban Planning Section (541) 744-3387 klafleurra>ci .sDrinofield .or. us .J 1/9/2008 Page I of I '. " LAFLEUR Karen From: LAFLEUR Karen Wednesday, January 09,20088:15 AM 'Nick Shevchynski' BOYATT Tom; BARNETT Brian; MOTT Gregory; GRILE Bill; SOWA AITrj; DONOVAN James; KARP Gary; LEAHY Joe (HL) . Subject: RE: viewing Sent: To: Cc: ~k . I'm extremely busy next week so the only time I have available for file review is Tuesday afternoon, January 15th at 2:00 - 3:30 p.m. in DSD 615. Please respond back to me if this works for you. Thank You. Karen . From: Nick Shevchynski [mailto:allocutionofjustice@yahoo.com] Sent: Tuesday, January 08, 2008 7:33 PM To: LAFLEUR Karen Subject: RE: viewing Thursday afternoon is difficult for me. I wish I knew how long I will be spending, one never knows I guess. Let's do it next week. I wouldn't be able to let you know until Thursday morning if then and it appears you have a full schedule so let's do it next week. LAFLEUR Karen <klafleur@ci.springfield.or.us>wrote: Karen LaFleur 744-3387 From: Nick Shevchynski [mailto:allocutionofjustice@yahoo.com] Sent: Monday, January 07,,20085:30 PM To: LAFLEUR Karen SUbject: viewing 1-7-08 1bis Wednesday is out, what is your schedule for the rest of the week? Never miss a thing. Make Y aho.Q)1our homewg~ J Looking for last minute shopping deals? Find them fast with Yahoo! Search. 1/9/2008 Page 1 of I " , ' LAFLEUR Karen From: Nick Shevchynski [allocutionofjustice@yahoo,com] .' Sent: Monday, January 07, 2008 5:30 PM Tel: LAFLEUR Karen Subject: viewing 1-7-08 This Wednesday is out, what is your schedule for the rest of the week? Never miss a thing. Make Y aho~l.Y9utbO!1l~PJ!g\h . ----....:;.-:::-::.....-..-- -......1) ^ 'Z-Fmrh, Ii 0, ....);-:.-;~_.'-c-.-. ?JU'!r...'-~.'-..-!:.!2d::.fJ:'-==---..., --.---', / " -~1z~.J~~&~J11ii1:-_~_..= ~'~~~~rf}1~?~~ "-:......~-..-:---" (!!)-1).---c_"~'_'" ----~---- --- - ~ _. ~ ' -------- .--- ------~ 1/7/2008' Page I of 1 r' , ' LAFLEUR Karen From: LAFLEUR Karen Tuesday, January 08, 200811:17 AM 'Nick Shevchynski' BOYATTTom; BARNETT Brian; KARP Gary; GRILE Bill; DONOVAN James; MOTT Gregory; LEAHY Joe (HL); SOWA Amy Subject: RE: viewing Sent: To: Cc: Nick' . The only time I have available the rest of this week is Thursday, January 10, 2008 @ 2:00 - 3:30 p.rn. in DSD 615. Please respond back to let me know if this will work for you. Karen LaFleur 744-3387 From: Nick Shevchynski [mailto:allocutionofjustice@yahoo.com] Sent: Monday, January 07, 2008.5:30 PM To: LAFLEUR Karen SUbject: viewing 1-7-08 This Wednesday is out, what is your schedule for the rest of the week? Never miss a thing. Make Y ahoil_Your homep~ge. 1/9/2008 Page I of2 , . . LAFLEUR Karen '- From: Nick Shevchynski [allocutionoijustice@yahoo.com] Friday, January 04, 2008 4:48 PM LAFLEUR Karen; Dennis Hunt; Philip Micheal Newman; C. Shevchinski; nickdotcom1@yahoo.com Subject: Re: File Review of ''Villages @ Marcola Meadows"/reply/confirmation of 1-4-08 . conversation Sent: To: To Karen Lafleur: Thanks for your reply. I was not able to be free on Friday, January 4; 2008. I will not be free on Monday morning, January 7,2008. Today, Friday JanUary 4,2008 at about 4:20 p.m. I presented the appeal of the "'Villages' at Marcola Meadows" Master Plan Type ill application, LRP 2007-00028, decision of 12-20- 07. The young woman at the front desk didn't know what it was or what to do with it. You came out from around the comer, I didn't see anyone call for you, and began to tell me that, what else?, you needed money, "a cheque." I advised you were not going to receive one. You asked if there were different people on the appeal and I answered there were. You proclaimed that you needed them to pay separately a separate appeal fee. I said not sofas!. I called, attention to the cover memorandum and said that Karp said the fee was $250 but the way I read it the appeal fee was $2,254. You said, "That's right." (In my ';'''p,;,.;ence Karp mis- stating facts appears to be a gift) I then pointed out that with five people you are demanding a total of $6,762 for the appeal and you indicated that was correct. I responded that the legal system may have to decide. I pointed to the request for the appeals fee to be waved and that pUrsuant to Oregon Statute this is being submitted under the North Springfield Citizens' Committee which has been duly recognized as such by the City. As I was walking out the door you said you "couldn't guarantee anything" and I replied that I "was shocked." Nick Shevchynski LAFLEUR Karen <klaj1eur@J:i.springfield.or.us> wrote: Mr. Shevchynski: I received your request to review the "Villages @ Marcola Meadows. files this moming. I will be glad to meet with you at one or more of the times I have listed below when my schedule is available. Friday, January 4111 @ 9 -11:00 a.m, in DSD 615 Friday, January 4111 @ 1:30 -3:00 p.m. in DSD 615 Monday, January 7111 @ 10:00 -11:30 a.m. in DSD 615 Please e-mail me back the date and time/s' that work for you from the above options. Thank you....Karen 1/4/2008 Page 2 of2 < . " :Kmten .ea:Jlewt City of Springfield Program Technician, Urban Planning Development Services Division (541) 744-3387 Klafleur@ci.sRringfield.or.us Never miss a thing. Make Y ah9_0-YQur homepJ!g~ 1/4/2008 Page 1 of I o " LAFLEUR Karen From: LAFLEUR Karen Thursday, January 03,200811:11 AM Nick Shevchynski (allocutionofjustice@yahoo.com) BARNETT Brian; BOY ATT Tom; KARP Gary; LEAHY Joe (HL); MOTT Gregory; DONOVAN James; SOWA Amy Subject: File Review of 'Villages @ Marcela Meadows" Sent: To: Cc: Mr. Shevchynski: I received your request to review the 'Villages @ Marcela Meadows' files this moming. I will be glad to meet with you at one or more of the times I have listed below when my schedule is available. Friday, January 4th @ 9 - 11 :00 a.m. in DSD 615 Friday, January 4th @ 1:30 - 3:00 p.m. in DSD 615 Monday, January 7th@ 10:00-1.1:30 a.m. in DSD 615 Please e-mail me back the date and time/s that work for you from the above options, Thank you....Karen :Kwten .faf1fewt, City of Springfield . Program Technician, Urban Planning Development Services Division (541) 744-3387 klafleu r{a)ci. ~mri ngfield. or. us 1/4/2008 Page 1 of2 " ." . LAFLEUR Karen From: SOWA Amy Sent: Thursday, January 03, 2008 8:39 AM To: KARP Gary; MOTT. Gregory; LEAHY Joe (HL); LAFLEUR Karen Subject: RE: "villiages" information Will one of you be contacting Nick to come and review files? Amy From: KARP Gary Sent: Thursday, January 03, 2008 8: 15 AM To: MOTT Gregory; LEAHY Joe (HL); SOWA Amy; LAFLEUR Karen Subject: F''''-: "villiages" information Brian received this e-mail from Nick yesterday. I am forwarding it to you as an FYI item. , ' From: BARNETT Brian Sent: Wednesday, January 02, 2008 5:28 PM To: Nick Shevchynski . Cc: BOYATTTom; KARP Gary; SOWA Amy Subject: RE: "villiages" information Mr. Shevchynski, I have just arrived in the office and"read your email attached below. Your request will be forwarded to the appropriate people' in City of Springfield. I will not be providing the materials you request. As stated in the flyer inviting the neighborhood along MarcOla Road, the purpose of the meeting tonight is to review, discuss, 'and get questions answered about Marcola Road improvements related to the development of the Marcola Meadows Master Plan. City staff will describe the applicant's proposal for managing traffic along Marcola Road and the one relevant condition of approval adopted by Planning, Commission to the Master Plan of the subject site. You are welcome to attend and participate in the discussion on the topic of Marcola Road traffic management. Regards, Brian From: Nick Shevchynski [mailto:allocutionofjustice@yahoo.com] Sent: Wednesday,"Jimuary 02, 2008 12:42 PM To: BARNETT Brian Subject: "villiages" information 1-2-08 To Brian Barnett, bbarnett@ci.s!"lringfield.or.us. lbis will serve to confirm that 1 left a couple messages and visited the office on Monday, 12- 1/28/2008 ., " Page 2 of2 31-07. I request that you make available for inspection the complete file on'the proposed "Villages at Marcola Meadows" proposed project. Never miss a thing. Make Yahoo vour homenal!e. 1/2812008 Nick Shevchynski , Page 1 of I ,', ". LAFLEUR Karen From: KARP Gary Sent: Thursday, January 03, 2008 8:15 AM To: MaTT Gregory; LEAHY Joe (HL); SOWA Amy; LAFLEUR Karen Subject: FW: "villiages" information Brian received this e-mail from Nick yesterday. I am forwarding it to you as an FYI item. From: BARNETT Brian Sent: Wednesday, January 02, 20'08 5:28 PM ,To: Nick Shevchynski Cc: BOYATTTom; KARP Gary; SOWA Amy Subject: RE: "villiages" information Mr. Shevchynski, I have just arrived in the office and read your email attached below, Your request will be forwarded to the appropriate people in City of Springfield. I will not be providing the materials you request. As stated in the flyer inviting the neighborhood along Marcola Road, the purpose of the meeting tonight is to review, discuss, and get questions answered about Marcola Road improvements related to the development of the Marcola Meadows Master Plan. City staff will describe the applicant's proposal for managing traffic along Marcola Road and the one relevant condition of approval adopted by Planning, Commission tothe Master Plan of the subject site. You are welcome to attend and participate in the discussion on the topic of Marcola Road traffic:management. " Regards, Brian From: Nick Shevchynski [mailto:allocutionofjustice@yahoo.com] Sent: Wednesday, January 02, 2008 12:42 PM To: BARNETT Brian Subject: "villiages" information 1-2-08 To Brian Barnett. bbarnett@ci.snrimdield.or.us. - - - This will serve to confirm that I left a couple messages and visited the office on Monday, 12- 31-07. I request that you make available for inspection the complete file on the proposed "Villages at Marcola Meadows" proposed project. Nick Shevchynski Never miss a thing. Make Yahoo vour homena!!e. 1/28/2008 .