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Council Communication

Title:	Request for Connection to City Sewer and Water Services Bob Robertson, 580 Clover Lane, 39 1E 14AA TL 1200
Dept:	Public Works Department
Date:	December 17, 2002
Submitted By:	Paula Brown
Reviewed By: ........................	Brian Almquist, Interim City Administrator

Synopsis:	Bob Robertson is requesting sewer and water service connections to the property at 580 Clover Lane, 39 1E 14AA TL 1200, which is located outside the City limits, but within the City's Urban Growth Boundary. Mr. Robertson currently has a home on this property, which is connected to a failing septic system. Mr. Robertson's property is within the Spring Creek / Golf Course drainage basin, which ultimately drains to Bear Creek. The property owner to the south (Mary Voris) was granted City sewer connections in December 1994 due to prior septic system failures. The current failure of the septic system, proximity to the water well, and prior septic failures have the property owner concerned of long term contamination to the water well.
Recommendation:	It is recommended that the Council approve the sewer and water service connections for Bob Robertson at 580 Clover Lane, and direct staff to obtain all necessary agreements prior to final connections. This request meets the City's requirements for connection to both the sewer and water systems.
Fiscal Impact:	There is no negative fiscal impact to the City. Mr. Robertson will be required to pay for the sewer and water connections and the service laterals from their home to the connection at the cul-de-sac at Clover Lane. They will also be required to pay the initial water and wastewater SDCs and monthly water and sewer services.
Background:	In a letter dated November 13, 2002 (attached), Bob Robertson requested City sewer and water services for his property at 580 Clover Lane which is located outside the City limits, but within the City's Urban Growth Boundary. The single-family home on this property has been certified to have a failed septic system. As shown on the attached maps, this property is immediately outside City limits but within the UGB. Mr. Robertson has an annexation request pending with the City and Pacific Western of Medford, LLC, has signed an irrevocable consent to annexation, as legal owner of the property. The property is within the Spring Creek / Golf Course drainage basin, which ultimately drains to Bear Creek. The applicant has meet the code requirements as outlined on the following pages, with one exception that documented failure of the well has not been secured from the Jackson County Health Department. That documentation will be provided prior to the start of water connection. SEWER - Ashland Municipal Code Section 14.08.030, Connection - Outside City, Inside Urban Growth Boundary (Amended Ord 2861, 2000) An occupied dwelling or building located outside the City of Ashland and inside the urban growth boundary may be connected to the sewer system when such connection is determined by the Ashland City Council to be in the best interest of the City of Ashland and to not be detrimental to the City's sewerage facilities. Such connection shall be made only upon the following conditions: A. The applicant for sewer service pays the sewer connection fee and the systems development charges established by the City Council. The applicant has been advised of the estimated costs for this connection and is prepared to pay the water connection fee of $1095, sewer connection fee of $1458 and SDCs estimated at $2656. B. In the event a dwelling or building connected to the sewer system is subsequently replaced for any reason, then the replacement dwelling or building may [continue to be] connected to the sewer system of the City as long as the use of the sewer system will not be increased as determined by the Director of Public Works. The applicant has been advised of this requirement. Successful annexation will not have this requirement attached. C. The applicant shall be responsible for the full cost of extending the City of Ashland sewer main or line to the property for which sewer service is being requested. The applicant has been advised that he will incur the costs for this connection. D. The applicant shall secure, in writing, statements from Jackson County that the existing sewage system has failed and that the provision of sewer by the City of Ashland does not conflict with the Jackson County Comprehensive Plan, support documents, rules, or regulations. The County has issued a specific written statement that the current septic system has failed. E. The applicant furnish to the City a consent to the annexation of the land, signed by the owners of record and notarized so that it may be recorded by the City and binding on future owners of the land. The property owner has signed consent to annexation. F. The applicant shall provide for the payment to the City by the owners, at the time of annexation, an amount equal to the current assessment for liabilities and indebtedness previously contracted by a public service district, such as Jackson County Fire District No. 5, multiplied by the number of years remaining on such indebtedness, so that the land may be withdrawn from such public service districts in accord with ORS 222.520 and at no present or future expense to the City. The applicant has indicated that he will make contact with Fire District 5. G. The owner shall execute a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City. The applicant has signed a deed restriction. H. That the land is within the Urban Growth Boundary. Yes, the property is within the UGB. (Ord 2704, 1993; Ord 2861, 2000) WATER - City Resolution 97-27 (attached) permits water to be supplied outside the City limits. Within Section 2, one of the three provisions must be met. In this case, item C is the only fit. SECTION 2. Premises outside the city may be connected to the city water system only as follows: A. Connections authorized by the council prior to the date of this resolution. [June 17, 1997] B. Connections authorized by the council for city or other governmental facilities. C. Connections authorized by resolution of the council where the council finds: 1. The connection is determined to be in the best interest of the City of Ashland and to not be detrimental to the City's water facilities or resources. Staff recommends connection of this property. 2. The applicant secures, in writing, a statement from the Environmental Health Division, Health Department, Jackson County, Oregon, that the existing water system for the premises has failed. Staff will insure proper documentation is provided prior to the start of the water connection. 3. The failed water system cannot be feasibly repaired or improved and there is no other feasible source of water for the premises. Failing septic systems at this property and adjacent properties have likely contaminated the surrounding well site. Deeper wells could be sought, but contamination is unknown. Hauling water to the site is an option. The owner has requested immediate annexation. Staff recommends connection to the city's water system. 4. An Ashland water main or line exists within 100 feet of the premises. The City's water main is 20 feet from the property and 125 feet from the residence. 5. The connection is to premises within the city's urban growth boundary. The property is within the UGB. SECTION 3. Connections authorized under section 2.C of this resolution shall be made only upon the following conditions: A. The applicant for water service pays the water connection fee for connections outside the city and the systems development charges established by the City. The applicant has been advised of the estimated costs for this connection and is prepared to pay the water connection fee of $1095, sewer connection fee of $1458 and SDCs estimated at $2656. B. In the event dwellings or buildings connected to the water system are subsequently replaced for any reason, then the replacement building or dwelling may continue to be connected to the water system of the City as long as the use of the water system will not be increased as determined by the Director of Public Works. The applicant has been advised of this requirement. Successful annexation will not have this requirement attached. C. The applicant furnish to the City a consent to the annexation of the premises and a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City, signed by the owners of record and notarized so that it may be recorded by the City and binding on future owners of the premises. The cost of recording the deed restriction shall be paid by the property owner. The property owner has signed consent to annexation and a deed restriction. D. The property owner shall execute a contract with the City of Ashland which provides for: payment of all charges connected with the provision of water service to the property; compliance with all ordinances of the city related to water service and use; termination of service for failure to comply with such ordinances and that failure to pay for charges when due shall automatically become a lien upon the property. A memorandum of the contract shall be recorded in the county deed records with the cost of recording to be paid by the property owner. The applicant has been advised that he will incur these costs.

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LAW OFFICE OF BOB ROBERTSON
1175 EAST MAIN STREET, SUITE 1F
MEDFORD, OR 97504

Nancy Slocum, Public Works Clerk
City of Ashland
20 East Main Street
Ashland OR 97520

Re: 39 1E - 14A Tax Lot 1200/580 Clover Lane, Ashland/Failing Septic System

Dear Ms. Slocum:

Thank you for your letter of November 5, 2002 regarding the failing septic system at 580 Clover Lane, Ashland. Pursuant to your letter, I am enclosing the following documents:

1. Letter of Intent requesting connection to City water and sewer system for  580 Clover Lane, which states a specific need for such services.

2. Copy of letter from Code Enforcement Officer of Jackson County relating to the failing septic system. Also attached is a violation notice from the Code Enforcement Officer indicating that there is an open cesspool and sewage on the ground surface, creating a health hazard on the property.

3. Request for Services on 580 Clover Lane.

4. Irrevocable Consent to Annexation signed by Pacific Western of Medford, L.L.C., the owner of the property. There is presently an annexation petition pending before the City of Ashland relating to this property.

5. Restrictive Covenant signed by owner of subject property.

Upon approval of the connection of this property to City water and sewer service, the owners are willing to comply with all the remaining conditions of your letter of November 5, 2002. In the event that there are any of these conditions that need to be complied with prior to submission to the City Council, please advise.

Sincerely,
Bob Robertson

cc: Ronald Brenneman

LETTER OF INTENT

The undersigned owner of a residential unit located at 580 Clover Lane, Ashland, Oregon, does hereby respectfully request that the City of Ashland City Council approve of the connection of this residence to the city water and sewer lines in the City of Ashland. The residence on this property has been occupied by, tenants over the last several years. It has recently come to the attention of the owners that there is a failing septic tank on the property. It has been suggested by the present occupants that the septic tank may have been vandalized by the prior occupants of the property. In any case, the owner was advised by the Code Enforcement Officer of Jackson County that there was a failing septic tank and open sewage was running onto the surface of the property. After being advised of this fact, the owner engaged the services of a sewage disposal company to pump the septic tank in order to remove all of the sewage from the septic tank to make the property safe until such time as owner can secure consent to have the property connected to the City of Ashland sewer and water system.

There is presently a petition for annexation of this property pending before the City of Ashland. This property is in the Urban Growth Boundary of the City of Ashland and is immediately adjacent to the city limits. Presently a city sewer line runs through the subject property to serve a property located to the south of the subject parcel although this property is also outside the city limits of the city of Ashland. Apparently this property petitioned for city sewer service some years ago and has been served by the city sanitation system since that time. The owners would also like to secure permission from the City Council to allow this property to be served by the city water system. Presently this property has a well on the property which provides domestic water. However, the owner is concerned that since the septic tank failed and mused sewage to saturate the ground outside of the septic system that it may cause problems with the ground water which is accessed by the well.

The owners are willing to comply with the conditions that would be imposed by the Ashland City Council to allow this property to be connected to the city water and sanitary system and are also willing to pay the water and sewage connection fees, system development fees, and to secure a plumbing permit. In addition, the owners are willing to secure a right-of-way operations permit from Jackson County Public Works for the work that will need to be done to connect the city water and sewer lines to the subject property.

The residence on the subject property has one and one-half baths and a kitchen. There are three sinks, two commodes, and one shower in the premises. In addition, there is a connection for a domestic washer in the premises. The premises are presently occupied by three tenants of the owner.

Respectfully submitted,
PACIFIC WESTERN OF MEDFORD LLC
Bob Robertson, Managing Member

Tod Miller, Code Enforcement Officer
JACKSON COUNTY

City of Ashland
Jim Olson
20 East Main St.
Ashland, OR 97520

Re: 39-1E-14a lot 1200/580 Clover Ln/Failing Septic System

I went to the referenced site regarding a sanitation complaint yesterday. I found an open cesspool of sewage at the ground surface creating an immediate health hazard. It appears the City sewer system is accessible to this property. By way of this letter I would like to confirm the need for sewer connection if it is an option. If I can be of help, please contact me at 774-6941. Thank you.

Sincerely,
Tod Miller, Code Enforcement Officer

End of Document - Back to Top

Supporting Maps and documentation in PDF format:

Sewer_Connection_maps.pdf (656.5KB)

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