MEMORANDUM

Date:  December 17, 2004

To:  Vera Katz, Mayor

Via:  Ron Bergman, Director

 John Acker, Facilities Manager

From:  Dick Ragland, Project Management Supervisor

Subject:  Winterbrook Planning, Amendment 7

Attached for your signature is Amendment No. 7 to Contract #33814 between Winterbrook Planning and the Bureau of General Services in the amount of $29,000 for continuation of planning services for Fire Station 27 to obtain a Conditional Use permit from Multnomah County.

The original contract amount was $19,760. The work began in August of 2001. Amendments 2 through 6 increased the contract amount $45,430.91 and extended the contract time for the following additional planning services:

•  Work scope was revised and expanded to submit additional documentation related to neighbors opposition of the new fire station. This started with extensive effort at the neighbors request to find a new site acceptable to Portland Fire and Rescue.

•  After it was determined that the existing site was the most acceptable, extensive effort went into submitting an application to Multnomah County for a Conditional Use permit.

•  After the first public hearing on April 18, 2003 the consultant was asked to research and prepare further documentation as requested by the County to satisfy the neighbors. A requirement by the Hearings Officer at the first hearing was that the added information come back to a second public hearing.

•  After the first public hearing an adjacent neighbor filed a LUBA appeal, and the consultant was asked to assist the City Attorney in preparation of response to an appeal before the State Land Use Board of Appeals and any additional appeals. Ultimately the neighbor dropped the appeal after concessions were made by PF&R in building siting, design and storm water management.

•  The consultant was asked to prepare for and participate in a second County Land Use hearing, held on February 20, 2004, to determine the acceptability of the City’s response to the Hearing Officer’s approval criteria related to site clean up, landscaping and storm water disposal.

•  At the conclusion of the second public hearing the Hearing’s Officer added conditions that were unacceptable to PF&R and we have asked the consultant to prepare material for a third County Land Use hearing.

The attached amendment adds additional fee of $29,000 for a further expanded scope and extends the contract to March 31, 2005 to allow for the third conditional use hearing. The entire hearing process takes about five months to allow time to submit an application, hold the hearing, and allow time for appeals.

Unrelated to the conditional use process, over the last year the cost of construction materials saw a sharp rise and the building has undergone value engineering to reduce construction costs as a result. Changes to the exterior of the building will also require a third hearing. At the third hearing we will also request re-consideration of conditions that the Hearings Officer required at the second hearing.

Multnomah County staff has asked that the application for the third hearing incorporate reference to all the material contained in the first two hearings, resulting in considerably more work by the consultant for the application preparation.