LOT Question & Answers

Over the past several weeks, I have received questions regarding the Lake Oswego / Tigard Partnership construction impacts in the Robinwood Neighborhood.  Here are the responses from West Linn Staff. 

1. Did the approval of the WTP prohibit back-up beepers and if so, why are they being used on the site?

No, back-up beepers are not generally prohibited. However, back-up beepers are only allowed for construction activities during the WLMC authorized work hours of 7:00am to 7:00pm weekdays and 9:00am to 5:00pm Saturdays. Additionally, the CMP requires the use of ambient sensing backup alarms on all on-site equipment that requires a beeper. According to LOTWP representatives, all necessary equipment was outfitted with the ambient-sensing beepers last week.

2. How will pumps from the Clackamas River remain functional during an earthquake to provide emergency water?

The pumps at both the River Intake Pump Station and the WTP have backup electrical feeds from separate substations, thereby greatly reducing the odds of a power outage affecting the ability of the system to supply water in the event of a seismic or other natural disaster.

3. How is West Linn monitoring compliance with LOTWP approvals?

West Linn planning, building and public works staff conduct routine inspections on the WTP site. The purpose of these inspections is to ensure that necessary regulations, including conditions of approval attached to the approved plans, are being followed. West Linn staff also follows up on communications received from residents and members of the public regarding the project. Finally, staff communicates regularly with LOTWP project staff to relay observations and issues raised by residents and members of the public to ensure the intent of the project approvals is being met.

4. What is the process for issuing a stop work order?

Authority to issue a stop work order is granted under section 1.3 of the West Linn Municipal Code and may be used when necessary to stop a violation or obtain compliance with a code provision. Upon learning of a possible code violation, the City first verifies that a violation has occurred and then contacts the applicant/contractor to discuss the violation and a means to remedy it. The City will issue a stop work order if the applicant/contractor cannot remedy the violation in a timeframe acceptable to the city.

5. Please ensure the call logs of the LOTWP project hotline are delivered to the City Council on a regular basis. Who is responsible for follow-up?

LOTWP project staff have committed to delivering call logs to West Linn staff (Zach Pelz) on a monthly basis. Mr. Pelz will make these available to the City Council.

6. Are additional traffic control and safety measures necessary per AP-12-03 (pipeline) COA #12?

This condition authorizes the Public Works Director to request any additional traffic control and safety measures at the intersection of Nixon Ave. and Mapleton Dr. he believes necessary to accommodate the LOTWP pipeline work. This issue will be re-visited when final plans for the pipeline are submitted to the City next month. The start of construction of this segment is at least a year away.

7. Are we implementing the Good Neighbor Plan? What is the final date of the GNP?

Yes. COA #2 requires that applicable portions of the GNP be implemented throughout this project. The GNP includes the attached applicable requirements. The date of the final GNP is December 19, 2011. Many of these provisions are included in the Construction Management Plan which was revised up until the final approval was made.

8. Is parking/staging permitted on local streets?


9. Was there any mention of variances for possible cranes on the WTP site during the PC or CC review of LOTWP land use request?

No. The City’s zoning ordinance does not regulate most construction activities or construction methods. The tower cranes currently under consideration by LOTWP do not require review or approval through the West Linn Community Development Code and therefore a variance from that code would also not be necessary.

10. Is LOTWP willing to have one of their bi-monthly “coffee with the contractor” meetings during the evening or on Saturday?

The COA obligates LOTWP to hold these meetings but does not specify when these meetings are required to take place. Legally speaking, the time of the meetings is at the discretion of LOTWP. LOTWP has agreed to modify the current meeting schedule to hold one morning meeting and one evening meeting per month.

11. What are the approved plans and where are they located?

The approved plans are located online at the City of West Linn’s Planning Department webpage for these projects (AP-12-02 and AP-12-03). The City performs routine site inspections to ensure that approved plans are being followed. For security reasons, detailed building plans for these projects cannot be published online.

12. Has LOTWP submitted a HAZMAT plan? Can the RNA get a copy?

COA #3 requires the submittal of the Hazardous Materials Management Plan prior to issuance of final occupancy. This plan has however, been submitted and has been approved by the City and will be reviewed again for compliance at final occupancy. The HAZMAT plan is contained in the building plans which are not published online due to security precautions.

13. Did the City Manager authorize work prior to 7am?

Plant neighbors report work has taken place prior to the 7am start time. No. Work prior to 7am has not been authorized for WTP work. The City does not consider the arrival of trucks to the site prior to 7am as construction regulated by this ordinance. Unpredictable traffic patterns during the morning commute cause drivers destined to the WTP site to arrive at slightly different times. The LOTWP has asked their drivers to arrive onsite as near 7am as possible.

14. Has LOTWP submitted a copy of the public access easement for the through-site pathway?

No. This will be required prior to the issuance of final occupancy for the project.

15. Has a public works permit been issued for the project?  If so, has the applicant submitted a stormwater maintenance and operations plan?

When the public works permit is issued, will a copy be provided to the RNA? Yes. A public works permit has been issued for the WTP and will likely soon be issued for the pipeline work as well. The applicant has submitted a stormwater maintenance and operations plan, which has been reviewed and accepted by the City Engineer. The RNA may obtain a copy of the plan through the City’s public records request process or may schedule a time to view the documents through the City Recorder.

16. Has a building permit been issued for this project? If so, when and what is the permit number?

Has a stormwater maintenance agreement been executed? A building permit for the WTP was issued on August 14, 2013 and is filed under permit number 935-13-0256. A stormwater maintenance agreement has been executed.

17. The contractor has stated that dewatering will be required. Where will this water be discharged to and in what quantities?

Water produced from the dewatering operations will be processed through an onsite treatment system and discharged to the river using the existing outfall in accordance with the 1200C permit. A peak flow of 1,000 gallons per minute is anticipated.

18. Have the garbage and recycling facilities requirements been satisfied?


19. Have fees-in-lieu of undergrounding utilities been paid?


20. Has a parking plan, as required by COA #12, been submitted?


21. What is full street restoration required on Kenthorpe Way? Is it an overlay or does the street have to be rebuilt to the full width and pavement depth as required by other contractors? Who made the street repairs at Old River Road/Cedar Oak intersection, the City or the Contractor? Who is responsible for damage caused by the deteriorated street to personal vehicles?

Kenthorpe Way will be restored to better than pre-construction condition and meet the City Public Works standards for construction. This includes LOTWP providing a new asphalt surface for the full extent of Kenthorpe Way. The City completed the temporary patch at the intersection of Old River and Cedar Oak. A more permanent patch will be completed by LOTWP. LOTWP will provide a permanent restoration of this section of Old River in the same manner as Kenthorpe Way at the conclusion of the project. On City roadways, the City is responsible for damage caused to private property as a result of substandard roadway conditions and ODOT is responsible on state owned facilities. The City Finance Department should be contacted if an individual has a claim they would like to file for damage to a personal vehicle. The City’s insurance provider will then follow up with the individual in coordination with the LOTWP insurance provider if necessary.

22. The construction speed signs are not posted at the beginning of the speed zone specified in COA #15, they start further down Mapleton Drive and Kenthorpe Way and are not posted on Old River Road. Will this be corrected?

COA #15 requires that a 20mph max contractor speed limit be posted on Mapleton Drive, Kenthorpe Way and Old River Road and be included in all contractor documents. The location of posted signage along these roadways is not explicit in the COA. LOTWP has posted on Old River Road, Kenthorpe, and Mapleton before excavation work began.

23. Has the applicant identified special needs individuals as required by COA #20 (a)? Has the construction management plan been amended? Did the City Manager report violations of the CMP to the Council with corrective actions and penalties?

The applicant has identified special needs populations in the project area as required by COA #20. Additionally, the Partnership has established a hotline and ombudsman to answer questions/respond to emergencies 24-hours a day and pedestrian and bicycle access through the construction zones are included on the applicant’s approved plans. In accordance with the City’s process for correcting violations, the Partnership has remedied the backup beeper issue in a timely manner and therefore fines are not warranted.

24. What is the current version of the intertie agreement? Has it been amended as required by the COA?

This condition must be satisfied prior to the issuance of final occupancy for the WTP. To date, a final IGA has not been executed but is currently in the process of being drafted and will likely be ready for Council review before the end of the year.

25. Will the City request information from LOTWP to verify that truck traffic is within levels anticipated during the land use review/approval? Will the City require LOTWP to submit daily trip counts and trip logs?

The City does not have the authority to regulate truck trips associated with the project construction. For planning purposes during the land use review process, the City can ask for a traffic study to better understand the anticipated impacts to the area resulting from traffic, thereby enabling the City to better prepare for and add conditions that mitigate impacts from such traffic. A new traffic report will not be requested by the City. LOTWP is not required to submit daily trip counts and trip logs.

26. Did the contractor conduct a preconstruction assessment, who has it and what areas does it cover?

Yes. The applicant submitted detailed video documentation showing the pre-construction condition of all roadways immediately adjacent the project. The City’s Public Works Department is in possession of that video.

27. Who is the applicant’s certified arborist and where are their reports?

The applicant’s arborist is Tree Care Unlimited. Their report is contained in the approved file for AP-12-02.

28. Does the City have a copy of the 1200C permit? Can the RNA get a copy?

The City does have a copy of an approved 1200C permit and the RNA can request a copy through the City’s public records process or schedule a time with the City Recorder to view these documents.

29. Who is the ombudsman?

LOTWP has designated Katy Fulton as the project ombudsman as described in the Partnership’s construction management plan.

30. Does the contractor/applicant have a log verifying notification of construction activities to residents per the CMP?

This is not a requirement of the Construction Management Plan.

31. If Mapleton Drive is only 18-feet wide, how is LOTWP providing a 12-foot wide emergency vehicle access route when 8-foot wide trucks are on the road?

The contractor will immediately move construction equipment and materials to create a suitable access through the work zone for emergency vehicles that will enable emergency response to any driveway or property within or beyond the work zone as shown in Figure 9 below:




32. Can flaggers be used when trucks are making turns onto Old River Road, Cedar Oak Drive, Kenthorpe Way and Mapleton Drive?

The City and LOTWP will explore this possibility and other potential safety enhancement alternatives further to determine a recommended approach.

33. What is the situation with the cranes?

The WTP contractor has proposed the use of electric tower cranes on site to expedite project construction and to minimize noise and vibration associated with the movement of materials onsite. The tower cranes would be required to “weather-vane”, or rotate freely when not in use, over adjacent properties and therefore LOTWP representatives are coordinating with adjacent property owners to see whether arrangements can be made. To-date, property owners along the eastern edge of the WTP site have agreed to the use of the tower cranes. No loads would be swung over adjacent properties.

34. Has the vibrations issue been resolved?

Although vibrations cannot be eliminated, LOTWP representatives have committed to providing neighbors more predictability about when various construction activities associated with vibration can be expected.

35. Explore the use of a speed detector sign.

The City’s police department reports construction traffic is consistently obeying the 20 mph speed limit on Mapleton, Kenthorpe, and Old River Road.

36. Can smaller dump trucks be used?

The WTP contractor evaluated multiple options for removing excavation spoils from the site and concluded that the current tandem (truck and pup trailer) configuration most expeditiously removes spoils, reduces the total number of vehicle trips and associated emissions and noise and therefore results in the least impact to adjacent residents. Smaller trucks would increase the number of total trips and would lengthen the total project duration.

37. Can a project update be added as a regular City Council agenda item? Who is the primary individual responsible for project oversight?

The LOTWP has agreed to monthly meetings with the City Council through the first of the year when the need for such updates will be reevaluated. Joel Komarek is Project Director for LOTWP.


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