"file:///C:From: Jennifer Cline
Sent: Tue May 26 11:44:31 2015
To: Nicolas Lennartz
Subject: RE: Sewer Connection Outside City
Importance: Normal
I agree, but we could also require him to annex into the City within 5 years as a condition and pay SDC fees at today’s rate.
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676
From: Nicolas Lennartz [mailto:nlennartz@cityofmolalla.com]
Sent: Tuesday, May 26, 2015 11:19 AM
To: Dan Huff
Cc: Jennifer Cline
Subject: RE: Sewer Connection Outside City
I don’t know what authority would require us to give them service, but I simply recited the OAR below:
OAR 660-015-0000(11): http://www.oregon.gov/lcd/docs/goals/goal11.pdf
“Local Governments shall not allow the establishment or extension of sewer systems outside urban growth boundaries or unincorporated community boundaries, or allow extensions of sewer lines from within urban growth boundaries or unincorporated community boundaries to serve land outside those boundaries, except where the new or extended system is the only practicable alternative to mitigate a public health hazard and will not adversely affect farm or forest land.”
I guess it doesn’t specifically state we must allow it, but it seems implied and would give him at least a leg to stand on. I see no reason for the city to service this property but researching other situations like this online, other municipalities (Oregon City, Ashland, Salem) have granted variances for the purpose of alleviating a public health hazard. Let me be clear I’m not advocating for serving outside properties at large, but I want to have a clear standards for denying service while ensuring all avenues have been checked.
Nicolas Lennartz | Community Planner | City of Molalla
O: 503∙759∙0219 | C: 503∙998∙7048
communityplanner at cityofmolalla.com
117 N. Molalla Ave. | Molalla, OR 97038
From: Dan Huff [mailto:dhuff@cityofmolalla.com]
Sent: Tuesday, May 26, 2015 11:04 AM
To: Nicolas Lennartz
Subject: RE: Sewer Connection Outside City
It’s just not that simple. Sure it may be a hazard but why can’t he fix the problem? Who will force us to hook him up? Have we (City) been notified by a state agency that they not only have the authority but also have taken action to force us to do something? There may not be any other alternative but we have rules that must be followed. Think about how many people would just hook up if they could.
From: Nicolas Lennartz [mailto:nlennartz@cityofmolalla.com]
Sent: Tuesday, May 26, 2015 10:58 AM
To: Jennifer Cline
Cc: Dan Huff
Subject: RE: Sewer Connection Outside City
Just spoke with Adam,
He seems supremely confident he is going to get confirmation from Clackamas County that:
1. The failing septic system constitutes a public health hazard.
2. There is no other alternative than public services.
If these two criterion are met, we may be forced to provide service to this property (report attached for reference). Unless I am missing something our hands are tied. Any ideas? I will await this confirmation.
Nicolas Lennartz | Community Planner | City of Molalla
O: 503∙759∙0219 | C: 503∙998∙7048
communityplanner at cityofmolalla.com
117 N. Molalla Ave. | Molalla, OR 97038
From: Jennifer Cline [mailto:jcline@cityofmolalla.com]
Sent: Tuesday, May 26, 2015 9:58 AM
To: Nicolas Lennartz
Cc: Dan Huff
Subject: RE: Sewer Connection Outside City
He wouldn’t give me his email address today when I asked twice. However, his phone number is 503-969-1828.
Dan also mentioned, he has the opportunity to have a tank placed on his property and have it pumped monthly if he does not want to annex.
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676
From: Nicolas Lennartz [mailto:nlennartz@cityofmolalla.com]
Sent: Tuesday, May 26, 2015 9:55 AM
To: Jennifer Cline
Subject: Sewer Connection Outside City
Found the OAR: http://www.oregon.gov/lcd/docs/goals/goal11.pdf
3rd paragraph down.
Basically they would have to prove that not connecting is a public health hazard. I plan to inform him that unless they can certify that the septic tank is failing constituting a public health hazard, that we will not service the property, nor could they apply for annexation as they are outside the UGB.
Forward the guy’s contact info just so I can confirm it is the same guy requesting the service.
Thanks,
Nicolas Lennartz | Community Planner | City of Molalla
O: 503∙759∙0219 | C: 503∙998∙7048
communityplanner at cityofmolalla.com
117 N. Molalla Ave. | Molalla, OR 97038
"