Council Communication

Title:	Request for Connection to City Sewer Service William and Kim Gabriel, 200 Crowson Road, 39 1E 13C TL 1900
Dept:	Public Works
Date:	May 21, 2002
Submitted By:	Paula Brown
Reviewed By:	Greg Scoles, City Administrator

Synopsis:	Bill and Kim Gabriel are requesting sewer service for their property at 200 Crowson Road, which is located outside the City limits, but within the City's Urban Growth Boundary 39 1E 13C BB TL1900. Mr. Gabriel currently has a home on this property; which is connected to a failing septic system. Mr. Gabriel's property is immediately adjacent to Tolman Creek, which drains to Bear Creek. Their neighbors on either side have City sewer connections due to prior septic system failures.
Recommendation:	It is recommended that the Council approve the sewer connection for Bill and Kim Gabriel at 200 Crowson Road, and direct staff to obtain all necessary agreements prior to final connection. This request meets the City's requirements for connection to the sewer system, and due to the high potential for negative environmental impacts along Tolman Creek, staff supports the request for connection to the City's sewer system.
Fiscal Impact:	There is no negative fiscal impact to the City. The Gabriels will be required to pay for the sewer connection and the service lateral from their home to the connection at Barrington Circle. They will also be required to pay the initial Wastewater SDCs and monthly sewer service.
Background:	In a letter dated May 14, 2002 (attached), Bill Gabriel requested City sewer service for his property which is located outside the City limits, but within the City's Urban Growth Boundary for his property at 200 Crowson Road. The Gabriels currently have their home on this property ans is now connected to the failing septic system. As shown on the attached maps, Mr. Gabriel's property is outside City limits but within the UGB. The property is adjacent to Tolman Creek, which drains to Bear Creek. The applicant has meet the code requirements as outlined below. Jackson County has made a written determination of a failed septic system (also attached). The Gabriels have agreed to the conditions for the connection to City 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. 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 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. 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 applicant has indicated that he will sign 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 indicated that he will sign 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)

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