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City of Ashland, Oregon / City Recorder / City Council Information / Packet Archives / Year 2005 / 04/19 / Falcon Heights

Falcon Heights

Council Communication


Proposed Agreement between Falcon Heights Developer, Williamson Way Residents, and City of Ashland Regarding Mountain Creek


Meeting Date: April 19, 2005 Primary Staff Contact: Joe Strahl, 552-2411 strahlj@ashland.or.us
Department: Public Works Secondary Staff Contact: Pieter Smeenk, 552-2413, smeenkp@ashland.or.us
Contributing Departments: Legal, Administration, Planning
Approval: Gino Grimaldi

Statement:
The developer of Falcon Heights Subdivision, Russ Dale, was required to improve the drainage corridor for Mountain Creek through a property immediately downstream of Falcon Heights Subdivision as a condition of the planning approval. Said improvements consisted of installing gabions along both sides of the creek. After construction was underway, concerns about the flow-carrying capacity, stability, and appearance of the drainageway were raised by Arlen Gregorio, his wife, Alyn Stone, and other neighbors. An engineering consultant, Bill Galli of the Galli Group, was hired by Gregario/Stone to critique the design and construction of the gabions. The City has been requested to develop an agreement between all parties to satisfy the concerns identified by the consultant.
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Background:
Approximate start time for Falcon Heights: Spring 2004.
Approximate time of installation of gabions: Fall 2004
The adjacent neighbors to the gabions:
00  Arlen Gregorio and Alyn Stone, 474 Williamson Way, Ashland
Bill and June Holmes, 357 Starflower Lane, Ashland
The Mountain Creek Homeowner's Association as represented by Gwen McMahon, Association President, 421 North Mountain.
Consultant:
Bill Galli, of the Galli Group, initially retained by Gregario/Stone
Developer:
Russ Dale, developer of Falcon Heights Subdivision.

Neighborhood concerns include the appearance of the gabion lined channel (see attached photo) the stability of the gabions, and the ability of the channel, as constructed, to accommodate design flows and the safety of persons walking along or across the channel.

Bill Galli is a licensed Civil Engineer in Oregon. He has identified a relatively low-cost solution to the concerns expressed by the neighbors. The City Engineer has reviewed Mr. Galli's preliminary design and agrees that the suggested alternative provides adequate flow capacity for the creek. This channel can be maintained by Public Works with normal maintenance equipment.

The proposed solution involves replacing 55 feet of the gabion section with a 48" diameter pipe. The pipe would be covered with native earth material to provide a swale shape above the pipe. In case of overflow of the pipe, the water would flow across the swale and enter the pipe under Williamson Way. The neighbors adjacent to the pipe would landscape the swale area and maintain the grounds above the pipe. The City would be responsible for maintenance of the pipe and remaining channel.

The developer of Falcon Heights, Russ Dale, has agreed to cover the estimated cost of $15,000 for the suggested improvement. He has agreed to provide this amount to the City prior to construction of the improvement. The City is to transfer this amount to Gregorio/Stone upon satisfactory completion of the construction. Gregorio/Stone will be responsible for hiring an engineer and a contractor to perform the work. The $15,000 will be used to pay the engineer and contractor. If additional funds are required Gregorio/Stone will pay them. Gregorio/Stone will be responsible for providing engineering plans suitable for obtaining City approval and a contractor to make the desired improvements. They will also be responsible for seeing to the completion of the improvements and restoration of the landscaping.

As part of the proposed agreement, the affected neighbors; Gregorio/Stone, William/June Holmes, and Gwen McMahon, as the president of the Mt. Creek Homeowners Association, will release Russ Dale from further obligation relative to stream improvements below Falcon Heights.

The proposed agreement contemplates the City holding the $15,000 until construction work has been completed to the satisfaction of the City and the affected neighborhood. The City would also agree to process planning actions as required for approval to make the desired improvements and to be responsible for maintenance of the improvements upon completion and acceptance.

Russ Dale and affected neighbors contend that a timely resolution of this matter is in everyone's best interest. Public Works agrees. The neighbors want to be assured that this solution is implemented so that they are able to hire contractors and perform the work this spring and summer in order to restore the condition of their properties as soon as possible. The developer wants to meet the needs of the City and neighbors so that the development of Falcon Heights may continue. Public Works would like to have the matter resolved to the satisfaction of all concerned so that valuable staff resources can be directed to numerous other City needs.

One of the City's policies is to refrain from placing culvert pipes in streams other than under streets. The Planning Commission has the ability to approve such installations on a case-by-case basis. In this case, Public Works will endorse an application to the Planning Commission to allow the installation of the culvert to improve the appearance and safety of this reach of stream. The stream is highly visible to the neighborhood and the current gabion-lined banks present a hazard to persons who may try to cross from one property to the other via the lawn areas on either side of the stream. The neighborhood concerns about the stability of the gabions and flow capacity of the stream will also be alleviated by this solution.

By endorsing this solution, the City Engineer is not intending to imply that the original design or construction is deficient. It is obvious that a difference of opinion exists between the engineer for the Falcon Heights development, Scott Pingle, and the engineer hired by Gregorio/Stone, Bill Galli. The Public Works Department's recommendation in this matter does not intend to imply that one is more correct than the other.

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Related City Policies:
The City's Riparian Preservation Ordinance requires that designs in open channel waterways of this type meet the following requirements:

1. Development shall be subject to all Development Standards for Flood Plain Corridor Lands (18.62.070)

2. Any tree over six inches d.b.h. shall be retained to the greatest extent feasible.

3. Fill and Culverting shall be permitted only for streets, access, or utilities. The crossing shall be at right angles to the creek channel to the greatest extent possible. Fill shall be kept to a minimum.

4. The general topography of Riparian Preservation lands shall be retained. (Ord 2808, Added, 12/02/1997)

The City's Storm Water Master Plan further makes the following recommendations regarding this particular reach of Mountain Creek:

On pp 4-16, Riparian Enhancements including re-vegetation of the stream corridor for channel stability and reduction of water temperature is proposed. Other more general recommendations are also in the storm water master plan, but are too numerous to include here.

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Council Options:
Direct the City Attorney to draft an agreement that meets the needs of the City, developer and neighborhood. Authorize the City Administrator to sign the agreement so drafted.
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Staff Recommendation:
The interim Public Works Director recommends that City Council:

1. Authorize the Community Development Director to request that the Planning Commission approve a piped drainage way for an approximate distance of 55 feet upstream of Williamson Way.

2. Authorize the City Administrator to sign an agreement to be prepared by the City Attorney that accomplishes the desires of the affected neighborhood and removes an obstacle to the completion of the Falcon Heights development.

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Potential Motions:
The preferred motion is to direct staff to execute an agreement prepared by the City Attorney that makes the Falcon Heights developer responsible for paying up to $15,000 for engineering and construction, makes Arlen Gregorio and Alyn Stone responsible for providing engineering and construction to accomplish drainage design changes, makes the City, through its Planning Department responsible for submitting a request to obtain the approval of the Planning Commission for the improvements, and makes the City Engineer responsible for reviewing and accepting the design and construction of the improvements.
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Attachments:
Please click on the link below to view the following attachments:
     • Picture of Gabion Structure
     • Vicinity Map
     • Detail Map
     • Galli Group Cross Section Sketch

 






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Falcon-Heights-Attachments.pdf

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