Council Communication

Request for Sanitary Sewer Service to 597 Benson Way Located Outside the City Limits
Meeting Date:	May 3, 2005		Primary Staff Contact:	Jim Olson, 552-2412 olsonj@ashland.or.us
Department:	Public Works		Secondary Staff Contact:	Mike Morrison Sr. 552-2325 morrisom@ashland.or.us
Contributing Departments:	Planning
Approval:	Gino Grimaldi

Statement: On March 5, 2002 the Council approved a request to connect the Siskiyou Village Mobile Home Park at 2799 Siskiyou Boulevard (39 1E 14D - tax lot 700), located outside of the City limits, to the Ashland sanitary sewer system. The nearest point of connection is on Benson Way which requires that the sewer service line be routed under the railroad right-of-way and through the property at 597 Benson Way owned by Cody A. Bustamate. The proposed alignment of the sewer runs through the Bustamante's existing septic system and there are no alternative sites on the property which would allow relocation of the system. The property owner is requesting that the existing residence at 597 Benson Way, which is outside the City limits but within the urban growth boundary, be connected to the City sewer system. (See attached letters from Bruce Davis and Cody Bustamante.)

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Background: Mr. Bruce Davis, on behalf of the Siskiyou Village Mobile Home Park, has retained Hardey Engineering and Associates, Inc. to design the sanitary sewer line extension and service to the Siskiyou Village Mobile Home Park. The required improvements include a 400 foot long, 8" diameter sewer main extension in Benson Way. This sewer would be built to City standards and upon completion would be accepted as part of the City system. An additional 300 feet of sewer main would be constructed across the Bustamante property on a public utility easement to be granted to the City by the owners. Upon completion, this section of sewer main would also become part of the City's sewer system and would allow connection of adjacent properties (upon annexation or council approval) into the main. The public sewer system would end at the easterly right-of-way of the Central Oregon and Pacific Railroad. The remaining section of sewer would be built and maintained as a private sewer system including the bore under the railroad. Jackson County has required that the connection of the Siskiyou Village Mobile Home Park be completed prior to November 1, 2005. The construction of the portion of sewer main between the railroad right-of-way and Benson Way will destroy the existing septic system at 597 Benson Way. Since a viable alternate location for a septic system is not available on the site, a connection to the proposed sewer main is a logical alternative.

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Related City Policies: Ashland Municipal Code Section 14.08.030, Connection - Outside City, Inside Urban Growth Boundary (Amended ORD 2767; October 3, 1995) 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 sewage facilities. Such connection shall be made only upon the following conditions: 1) The applicant for sewer service pays the sewer connection fee and the systems development charges established by City Council. The applicant has been advised of the estimated costs for this connection. In this instance all fees will be paid by Bruce Davis as part of the Siskiyou Village application. 2) In the event a dwelling or building connected to the sewer system is substantially 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. 3) There is an existing Ashland sewer main or line within 300 feet of the existing dwelling or building to be connected. The applicant shall be responsible for the full costs of extending the City of Ashland sewer main or line to the property for which sewer service is being requested. Bruce Davis will construct the sewer connection from Benson Way to the Railroad tracks (approximately 750 feet) and will dedicate this to the City's system. Once that line is constructed, there will be a City main line located on the property and within 50 feet of the existing residence. 4) 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. This requirement is not applicable since the existing septic system is not presently failing but will be adversely impacted by the construction of the proposed sewer main. The connection of the Bustamante property to City sewer was part of the original application made to Jackson County Roads, Parks and Planning Services by Bruce Davis on behalf of the Siskiyou Village Mobile Home Park. 5) The applicant furnish to the City a consent to 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, but does not wish to annex at this time. 6) 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 public service districts in accord with ORS 222.520 and at no present or future expense to the City. The applicant has been advised of the requirement to contact Fire District 5. 7) 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. 8) That the land is within the Urban Growth Boundary. The property is within the UGB.

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Council Options:

Council may elect to approve or deny the request for connection of the residence at 597 Benson Way to the City sewer system. If the request is denied, it will be necessary to find an alternate location for the proposed sewer main.

Staff Recommendation:

Staff recommends approval of the request to connect the residence at 597 Benson Way to the City sewer system.

Possible Motions:

Council may move to approve the request for sewer connection. Council may more to delay action on this issue pending further review. Council may move to deny the request for sewer connection.

Attachments: (click on link below to view attachments) Vicinity Map Detail Map Letter of January, 20, 2005 Letter of April 2, 2005

BensonWay-Attachments.pdf (492.4KB)

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