Loading...
HomeMy WebLinkAboutComments CAO 12/31/2008 LIMBIRD Andrew From: Sent: To: Subject: Mary Bridget Smith [mbs@emeraldlaw.comj Wednesday, December 31, 2008 9:22 AM L1MBIRD Andrew Helfrich Appeal Hey Andy, I will be out of town next week, so if something comes in on the Helfrich appeal please contact Joe Leahy. Have a good New Year, Mary Bridget Smith LEAHY, VAN VACTOR & COX, LLP (541) 746-9621 mbs(a)emeraldlaw,com ;Please note my new email address. This e-mail is for the sole use of the intended recipient(s) and contains information belonging to Leahy, Van Vactor & Cox, LLP which is confidential and/~r legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance on the contents of this e-mail information is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender by reply e"mail and destroy all copies of the original message. 1 Date Received:..lY~/;/6'<'? Planner: AL Page lof 1 L1MBIRD Andrew From: Mary Bridget Smith [mbs@emeraldlaw.com] Sent: Tuesday, December 23, 2008 11 :22 AM To: L1MBIRD Andrew Subject: Helfrich Appeal Hi Andy, I just spoke with Bill and sent him an email about the amended decision. We are good. Can you please send me a copy of your revised decision for my file? It's been a pleasure working with you, let me know if you need anything else. Mary Bridget Smith LEAHY, VAN VACTOR & COX, LLP (541) 746-9621 mbsl1ilemeraldlaw,com .Please note my new email address. This e-mail is for the sole use of the intended recipient(s) and contains information belonging to Leahy, Van Vactor & Cox, LLP which is confidential andlor legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance on the contents of this e-mail information is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender by reply e-mail and destroy all copies of the original message. 12/23/2008 iJUl~1 {,t:iceived: 0- h YUw? Planner: AL I . Page 1 of 1 L1MBIRD Andrew From: Mary Bridget Smith [mbs@emeraldlaw.com] Sent: Tuesday, December 23, 2008 11: 18 AM To: billkloos@landUseOregon.com Cc: L1MBIRD Andrew; DONOVAN James Subject: Helfrich Appeal Hi Bill, The City had a chance to consult engineering and visit the site with regard to the curb and gutter conditions. Andy Umbird will issue a revised decision today where Mr. Helfrich can defer the curb and gutter improvements until the remainder of the tax lot is developed. It will be similar to paving the cui de sac bulb in that curb and gutter improvements will be included in the Improvement Agreement and there will also have to be a deed . restriction for the curb and gutter i[11provements. Mr. Helfrich is still required to pave his driveway. I'll also follow up with a phone call. Let me know if you have any questions. Have a great Holiday, Mary Bridget Smith LEAHY, VAN VACTOR & COX, LLP (541) 746-9621 mbsla1emeraldlaw.com .Please note my new email address. This e~mail is for the sole use of the intended recipient(s) and contains information belonging to Leahy, Van Vactor & Cox, LLP which is confidential andlor legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance on the contents of this e-mail information is strictly prohibited, If you have received this e-mail in error, please immediately notify the sender by reply e-mail and destroy all copies of the original message. Date Received: If~~tJ,r-. Planner: AL 1..11 12/23/2008 Page I on t' L1MBIRD Andrew From: DONOVAN James Sent: Monday, December 22, 2008 1:27 PM To: L1MSIRD Andrew Subject: RE: FW: Helfrich appeal I agree, We have to protect what we are putting down in the cul-de-sac or that's a waste too! JD From: LIMBIRD Andrew Sent: Monday, December 22, 2008 1:2S PM To: DONOVAN James; 'Mary Bridget Smith' Subject: RE: FW: Helfrich appeal I can understand the issue about pre-engineering the curbline, but if this improvement is deferred I anticipate they will next request deferral of driveway paving. The applicant will cite the difficulty in matching the driveway apron to an interim gravel surface, which'is not the finished pavement grade. So this latest request seems 'like a slippery slope to me,__ Perhaps a temporary asphalt/concrete driveway apron that is designed to'be removed when cul-de-sac improvements are made would be acceptable. It's a "throwaway" improvement, but the applicant can't dodge all costs for developing this property, In any event, deferring the curblgutter improvements should be the final concession. Andy From: DONOVAN James Sent: Monday, December 22, 20081:07 PM To: LIMBIRD Andrew; Mary Bridget Smith Subject: FW: FW: Helfrich appeal I was anticipating that response. We should consider the engineering points__. .and not Mr. McLaughlin's editorial comments. ' JD From: Sill Kloos [mailto:billkloos@landuseoregon.com] Sent: Monday, December 22, 2008 12:S7 PM To: Mary Bridget Smith Cc: Jim Mclaughlin; Bill Kloos; LIMBIRD Andrew; DONOVAN James Subject: FW: FW: Helfrich appeal, . Mary Bridget: Please see the points below raised by Jim McLaughlin, who has a much better grasp than I about how improvements actually come together in the real world. I think his point is that is does not make a lot of sense, in terms of engineering and cost~effectiveness, to do the curb and gutter ala carte from the balan'ce of the CDS. Wouldn't it be just as workable from the city's standpoint to include these pieces in the improvement. Date Heceived: /ff.:la7L Planner: AL . 12/22/2008 Page 2 of3 agreement, or bond for them, or ensure them ,by some other means, such that the full CDS gets done all at one time? Bill Kloos Law Office of Bill Kloos, PC 375 W 4th Street: Suite 204 Eugene, OR 97401 Phone (541) 343-8596 Fax: (541) 343-8702 e-mail: billkloos@landuseoreaon.com Web www.LandUseOreaon.com Please do not read, copy or disseminate this communication unless you are the intended addressee, This e-mail communication may contain confidential andlor privileged information intended only for the addressee. If you have received this e-mail in error, please call immediately at 541-343-8596. Also, please notify me bye-mail. Thank you. From: J Mclaughlin [mailto:61blur@gmail.com] Sent: Sunday, December 21, 2008 10:37 AM To: billkloos@landuseoregon.com , . Subject: Re: FW: Helfrich appeal Bill- Here are a few things to consider: , ]. The purpose of curb and gutter is many: a. Pr,ovides the grade control for the stormwater runoff which lands on the paving surface b. Provides a frame to contain the paving surface, c. Construction 'of the curb and gutter Is a integral component of the paving surface construction, the excavation, base compaction, and the base rock for the curb 'and gutter should be completed when the final surface is constructed, 2. Evaluating the items I stated above here is some of the problems that I see with the requirement of constructing a partial portion of the curb and gutter at this time: a. No design has been completed for the cul-de-sac which includes: i. Grade ii. Low point iii. SW Conveyance system connection iv. Catch basin I curb inlet location v, Pavement structure design vi. Weep hole location 3. From an engineering perspective requiring the partial construction of the curb and gulterwhich will not provide any of the functional purposes is a waste of time and money, .' I am not sure what advantage to the public or what enhancement to the public infra structure will be created by the construction of the curb and gutter without a final design, This feels like a haste make waste approach. The proposed improvement agreement will provide the insurance that when the cul-de-sac needs to be improved it will be. u.jim On Fri, Dee] 9, 2008 at 9:] 7 AM, Bill Kloos <billklooslallanduseore!!on.com> wrote: Jim: Date Received: N/P/.:w{;lf' Planner: AL 12/22/2008 Page 3 00 See, below, Bill Kloos, Law Office of Bill Kloos, PC 375 W. 4th Street, Suite 204 Eugene, OR 97401 Phone: (541) 343-8596 Fax: (541) 343"8702 e-mail: billkloos@landuseoregon.com Web www~LandUseOre2:0n.com . Please do not read, copy or disseminate this communication unless you are the intended addressee. This e-mail communication may contain confideritial and/or privileged information intended only for the addressee, If you have received this e-mail in error, please call immediately at 541-343-8596. Also, please notify me bye-mail. Thank you. From: Mary Bridget Smith [mailto:mbs@emeraldlaw.com] Sent: Thursday, December 18,20081:26 PM To: billkloos@landUseOregon,com Cc: alimbird@ci.soringfield,or.us; idonovan@ci.snringfield.or,us; Joe Leahy Subject: Helfrich appeal . . , Hello Bill, Thanks for getting back to me about the revised decision for the Helfrich appeal. I don't agree with your request regarding folding condition 4 into condition 2, To make sure we are all on the same page about the resolution, I'd like to clarify' a few things. . Condition 4 pertains to curb and gutter improvements in front of Mr. Helfrich's property and it was not appealed. . The resolution about waiting to make improvements until TL 503 is developed, involves only paving the cul-de-sac , bulb, not curb and gutter in front ofMr. Helfrich's property. . The improvement agreement deals only with improvements to the 20th Street cul"de-sac (and bulb area) once the area is annexed by the City. Mr. Helfrich will still be required to pave his driveway and install improvements in front of his property in accordance with the Development Code and provisions,ofthe land use decision. The agreement to allow a gravel driving surface that meets Fire Code standards applied only to the bulb portion of the cul-de-sac, not Mr. Helfrich's driveway. Are we still on the same page? H~ve a good evening, Mary Bridget Smith LEAHY, V AN V ACTOR & COX, LLP (541) 746-9621 mbs@emeraldlaw,com 'Please note my new email address. . This e-mail is for the sole use of the intended recipient(s) and contains information belonging to Leahy, Van Vactor & Cox, LLP which is confidential and/or legally privileged. If you are not the intended recipient, you are hereby notified that any . disclosure, copying, distribution or taking of any action in reliance on the contents of this e-mail information is strictly prohibited. If you have received this ,,-mail in error, please immediately notify the sender by reply e-mail and destroy all copi~s of the original message. Date Received:_10!.,l.ood' Planner: AL' 12/22/2008 L1MBIRD Andrew From: Mary Bridget Smith [mbs@emeraldlaw,com] Sent: Monday, December 22, 2008 10:39 AM To: L1MBIRD Andrew Subject: Helfrich Appeal Hi Andy, , I just left a message and emailedBillabouttheappeaL.I.lIlel you know when I hear anything. MBS Page 1 of 1 Date. t::ecaived: /~/V:/'?<?'" Planner: AL 12/22/2008 i t (. " . . Page 1 of 1 L1MBIRD Andrew From: Mary Bridget Smith, [mbs@emeraldlaw.com] Sent: Thursday, December 18, 20084:26 PM To: ' billkloos@landUseOregon.com Cc: L1MBIRD Andrew; DONOVAN James; Joe Leahy Subject: Helfrich appeal Hello Bill, Thanks for getting back to me about the revised decision for the Helfrich appeal. I don't agree with your request regarding folding condition 4 into condition 2. To make sure we are all on the same page about the resolution, I'd like to clarify a few things. . Condition 4 pertains to curb and gutter improvements in front of Mr. Helfrich's property and it was not appealed. . The resolution about waiting to make improvements until TL 503 is developed, involves only paving the cul-de-sac bulb, not curb and gutter in front of Mr. Helfrich's property. . The improvement agreement deals only with improvements to the 20th Street cul-de-sac (and bulb area) once the area is annexed by the City. Mr. Helfrich will still be required to pave his driveway and install improvements in front of his property in accordance with the Development Code and provisions of the land use decision. The agreement to allow a gravel driving surface that meets Fire Code standards applied only to the bulb portion of the cul-de-sac, not Mr. Helfrich's driveway. Are we still on the same page? Have a good evening, Mary Bridget Smith LEAHY, VAN VACTOR & COX, LLP (541) 746-9621 mbs((j)emeraldlaw,com .Please note my new email address. This e-mail is for the sole use of t~e intended recipient(s) and contains information belonging to Leahy, Van Vactor & Cox, LLP which is confidential andlor legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance on the contents of this e-mail information is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender by reply e-mail and destroy all copies of the original message. Dat\':I (''','!ceived; /;)I1~,f' Planner; AL '1~ 12/18/2008 -. I {~ t, i Page 1 of 1 L1MBIRD Andrew From: L1MBIRD Andrew Sent: Thursday, December 18, 20084:31 PM To: 'Mary Bridget Smith' Subject: RE: Helfrich appeal Thanks Mary Bridget - let me know if-you get any feedback from Me. Kloos on this issue, Andy From: Mary Bridget Smith [mailto:mbs@emeraldlaw.com] Sent: Thursday, December 18, 2008 4:26 PM To: billkloos@landUseOregon.com Ce: UMBIRD Andrew; DONOVAN James; Joe Leahy Subject: Helfrich appeal Hello Bill, Thanks for getting back to me about the revised decision for the Helfrich appeal. I don't agree with your request regarding folding condition 4 into condition 2. To make sure we are all on the same page about the resolution, I'd like to clarify a few things. . Condition 4 pertains to curb and gutter improvements in front of Me. Helfrich's property and it was not appealed. . The resolution about waiting to make improvements, until TL 503 is developed, involves only paving the culcde-sac bulb, not curb and gutter in front of Me. Helfrich's property. . The improvement agreement deals only with improvements to the 20th Street cul-de-sac (and bulb area) once the area is annexed by the City. Me. Helfrich will still be required to pave his driveway and install improvements in front of his property in accordance with the Development Code and provisions of the land use decision. The agreement to allow a gravel driving surface that meets Fire Code standards applied only to the bulb portion of the cul-de-sac, not Me.. Helfrich's driveway, Are we still.on the same page? Have a good evening, Mary Bridget Smith LEAHY, VAN VACTOR & COX, LLP (541) 746-9621 mbsti'ilemeraldlaw.com .Please note my new email address. This e-mail is for the sole 'use of the intended recipient(s) and contains information belonging to Leahy, Van Vactor & Cox, LLP which is confidential andlor legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance on the contents of this e-mail information is strictly prohibited, If you have received this e-mail in error, please immediately notify the. sender by reply e-mail and destroy all copies of the original message. Date r{sceived: It~/.?Pt?1' Planner: AL 12/18/2008