RE: MRM and Miller Property

From: Gerald Fisher

Sent: Thu Sep 22 17:37:21 2016

To: Dan Zinder

Cc: Dan Huff; Amy Lindgren

Subject: RE: MRM and Miller Property

Importance: Normal

Attachments: image001.png;

Dan,

I’m buried but have a contact for DSL. Peter Ryan, Wetland Specialist can be reached at 503.986.5232. Can you give him a call and ask him what is needed in the way of written notification of a possible wetland incident with this property and who it should be sent to? I want to make sure we let the agency in charge know and fulfill our obligations related to potential jurisdictional wetlands. Let Dan H and Amy know what you find out. Thanks.

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: Dan Zinder [mailto:dzinder@cityofmolalla.com]

Sent: Thursday, September 22, 2016 2:41 PM

To: Amy Lindgren <alindgren@molallapolice.com>

Cc: Dan Huff <dhuff@cityofmolalla.com>; Gerald Fisher <gfisher@cityofmolalla.com>

Subject: RE: MRM and Miller Property

Hi Amy,

I’ve written up a notice of violation letter for the Miller property that articulates the extended issues with their tree removal and excavation. I have a few outstanding questions.

The first – it would be helpful to have you look over the letter, particularly shoring up the procedural legalese highlighted at the bottom.

The second – I haven’t dealt at all with penalties for building codes/wetlands yet. I’m additionally issuing a citation and am not sure how to aggregate the total penalty. Can we have a call about this today?

I’m headed out of town until Tuesday but we’d like to get this out by/before then.

Dan Zinder

503.759.0226

503.586.8094 (c)

From: Dan Huff [mailto:dhuff@cityofmolalla.com]

Sent: Wednesday, September 21, 2016 3:42 PM

To: Dan Zinder <dzinder@cityofmolalla.com>; Gerald Fisher <gfisher@cityofmolalla.com>

Subject: FW: MRM and Miller Property

Dan – We need to prepare a Municipal Court Ciitation for the Miller property that goes beyond the tree cutting based on what Gerald provided below:

Wetlands are covered in 18.28.020 (Boundaries and Setbacks), 18.28.040 (Site Plan Required), 18.28.050 (Site Analysis Map & Site Plan), 18.28.070 (Development Regulations).

Also, ORS 196.795-990 regulates wetland activities. The property owner could have filled out a Wetland Determination Request forms and submitted it to DSL. There is no fee for the service. See attached.

They didn’t check with the City to see if there activities were OK and they didn’t check with DSL to make sure there were no impacts to wetlands. They logged, dozed, installed drainage, and filled without any erosion control which is a DEQ permit process. The constructed new accesses to a City street without permits, plans, or any other approvals.

18.16.010 Purpose and applicability.

A. Purpose. The purpose of this chapter is to provide planning and design standards for public and private transportation facilities and utilities. Streets are the most common public spaces, touching virtually every parcel of land. Therefore, 1 of the primary purposes of this chapter is to provide standards for attractive and safe streets that can accommodate vehicle traffic from planned growth and provide a range of transportation options, including options for driving, walking, equestrian, bus, and bicycling. This chapter is also intended to implement the City’s Transportation System Plan.

B. When Standards Apply. Unless otherwise provided, the standard specifications for construction, reconstruction, or repair of transportation facilities, utilities, and other public improvements within the City shall occur in accordance with the standards of this chapter. No development may occur unless the public facilities related to development comply with the public facility requirements established in this chapter.

C. Engineering Design Criteria, Standard Specifications and Details. The Molalla Public Works Design Standards shall be part of the City’s adopted installation standards. These standards also refer to the Standards for Public Works Construction, Oregon Chapter A.P.W.A. Other standards may be applied by the Public Works Director/City Engineer if deemed appropriate for a development. The design criteria, standard construction specifications and details maintained by the Public Works Director/City Engineer, or any other road authority with jurisdiction, shall supplement the general design standards of this Development Code. The City’s specifications, standards, and details are hereby incorporated into this Code by reference.

D. Conditions of Development Approval. No development may occur unless required public facilities are in place or guaranteed, in conformance with the provisions of this Code. (Ord. 2010-15 §1; Ord. 2010-04 §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

From: Dan Zinder [mailto:dzinder@cityofmolalla.com]

Sent: Tuesday, September 13, 2016 4:44 PM

To: Dan Huff <dhuff@cityofmolalla.com>; Amy Lindgren <alindgren@molallapolice.com>

Cc: Gerald Fisher <gfisher@cityofmolalla.com>

Subject: RE: MRM and Miller Property

The easy question is that MRM cut down one tree. They also performed some minor grading.

If needed for immediate use, I’ve provided the most relevant sections I could find next to each bullet point below. I’m not as familiar with these sections of code so Gerald and Dan – please review.

Dan Zinder

503.759.0226

503.586.8094 (c)

From: Dan Huff [mailto:dhuff@cityofmolalla.com]

Sent: Tuesday, September 13, 2016 4:30 PM

To: Amy Lindgren <alindgren@molallapolice.com>

Cc: Gerald Fisher <gfisher@cityofmolalla.com>; Dan Zinder <dzinder@cityofmolalla.com>

Subject: RE: MRM and Miller Property

Amy – Sorry we seem unresponsive, we are somewhat swamped at this point. We will make every attempt to provide you with the information tomorrow.

Dan

From: Amy Lindgren [mailto:alindgren@molallapolice.com]

Sent: Tuesday, September 13, 2016 3:47 PM

To: Dan Huff <dhuff@cityofmolalla.com>

Cc: Gerald Fisher <gfisher@cityofmolalla.com>; Dan Zinder <dzinder@cityofmolalla.com>

Subject: Re: MRM and Miller Property

Can someone provide me with specific code violations for each issue?

Also, regarding the MRM property, I need to know exactly how many trees were cut down.

Amy

From: "Dan Huff" <dhuff@cityofmolalla.com>

To: "Amy Lindgren" <alindgren@molallapolice.com>

Cc: "Gerald Fisher" <gfisher@cityofmolalla.com>, "Dan Zinder" <dzinder@cityofmolalla.com>

Sent: Monday, September 12, 2016 12:20:03 PM

Subject: FW: MRM and Miller Property

Amy Here is an update on the MRM and Miller property. Although MRM has a few issues, the Miller property is fairly extensive. I have some meetings today but should be around tomorrow or you can correspond with Gerald or Dan Zinder.

Dan

From: Gerald Fisher [mailto:gfisher@cityofmolalla.com]

Sent: Monday, September 12, 2016 8:34 AM

To: Dan Huff <dhuff@cityofmolalla.com>

Cc: Dan Zinder <dzinder@cityofmolalla.com>

Subject: RE: MRM and Miller Property

Hi Dan,

Dan Z and I stopped by the Miller site a little while ago and here is a list of things that I saw:

1. Two gravel accesses have been installed without Public Works approvals. - 18.04.020 (C)

2. No drainage was installed at two accesses which cuts off drainage on the north side of Molalla Forest Road. - 18.20.040 (A) 18.04.020 (C) (P2)

3. Perforated drain pipe and a trench has been installed along the north side of the cleared area and discharged into the ditch on the north side of Molalla Forest Road. This is probably to drain the site. - 18.20.040 (A) 18.04.020 (C) (P2)

4. The site has been cleared of trees and filled with at least 6” of crushed aggregate and spoils to several feet in height. 21.90.020

5. Earthwork has been performed without erosion control. - 21.70.030 (particularly B5)

6. Area cleared and filled is at least 0.5 acres.

7. The site was potentially a forested wetland or upland wetland attached to Bear Creek. The parcel was identified with wetland running through it as part of our wetland inventory but access to the full site was denied when the wetland inventory was done in 2001. If wetlands were potentially disturbed then we should notify DSL, as part of our code enforcement procedures, that unpermitted filling of wetlands may have taken place without City approvals. (DSL)

Let me know if you have any questions. Thanks.

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

From: Dan Huff [mailto:dhuff@cityofmolalla.com]

Sent: Friday, September 09, 2016 11:37 AM

To: Gerald Fisher <gfisher@cityofmolalla.com>; Dan Zinder <dzinder@cityofmolalla.com>

Subject: MRM and Miller Property

Gerald and Dan – I need the two of you to do something for me today. Go out to MRM and the Steve Miller property and take photos and determine what other process and code sections have been violated. I was talking to our prosecutor, Amy Lindgren and she needs to know whether or not grading, excavation, etc. have been performed. I would venture to say that no erosion control is in place.

Dan Huff

City Manager

City of Molalla, Oregon

(503) 829-6855

dhuff@cityofmolalla.com

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