Bridge controversy dominates hearing

Last updated May 23, 2006 12:0pm0

Susan Springer count

The future bridge at Timber Creek will be modeled after this Locust Street bridge.

What was supposed to be a hearing before the Sisters Urban Area Planning Commissioners on a new subdivision at the east end of Sisters turned into a long and impassioned discussion of a controversial bridge over Whychus Creek.

The bridge discussion was sparked by two passionate speakers at the public hearing.

Developer Steve Lillegard sought approval to build nine single-family homes in what he calls the Cottage Grove subdivision near Sisters Elementary School on East Cascade Avenue. In the past five years, developers in the Timber Creek area have paid into a fund to build a bridge over Whychus Creek to provide a second access way in and out of the growing neighborhood.

The man responsible for building the bridge, Bruce Forbes, asked commissioners to increase Lillegard’s contribution toward the bridge fund.

“It’s my desire to get the bridge built as soon as I can,” said Forbes.

As the original property owner of 40 acres in Timber Creek, Forbes signed an Improvement Agreement in 2001 to build the bridge (see related story, page 46).

Two commissioners questioned why Forbes had not built the bridge in the past five years when the cost would have been lower. Last week, The Nugget reported Forbes said the bridge was “not needed.”

“The developer is now going back on his words,” said commissioner Lori Steinthal.

Forbes said current estimates for the cost of the bridge are about twice the total of $248,000 now in the city’s bridge fund.

City of Sisters Planning Director Brian Rankin said he calculated Lillegard’s share in the same way it has been done in the past — by linking estimated traffic across the bridge with the cost. Rankin estimated the Cottage Grove subdivision should contribute $1,243 per lot while Forbes said the share should be $2,450, which is the same amount paid by past Timber Creek developers.

Rankin and commissioners acknowledged that since the bridge project has dragged on, the assessment formula continues to use an out-of-date construction cost of $280,000. Rankin pointed out any new way of calculating the assessment could not be done in an “arbitrary” way to collect more for the bridge fund.

Forbes said by assessing Cottage Grove less, the city was working against him. Forbes is expecting the city to collect enough money from developers in Timber Creek to completely fund the bridge. But Rankin pointed out the city is not responsible for collecting the entire cost of the bridge.

“The agreement doesn’t say that the fund must cover the whole cost, but Bruce Forbes is still required to build it,” said Rankin.

Forbes told The Nugget he agreed that it was not written in the agreement that the bridge fund must cover all his costs but said he thought it was the “intent.”

“Once there was going to be enough money in the bridge fund, then I was going to hire a contractor to build the bridge,” said Forbes.

He has paid for engineering plans for the bridge and has sought approvals from the state and federal government but said he would not contribute his own money to build the bridge.

A second speaker at the Cottage Grove public hearing was a neighbor with professional experience in fighting fires. Terri Craigg said “the city continues to not act responsibly” in taking steps to build the bridge which is needed for hundreds of residents to escape in the case of a forest fire.

“I continue to see no action. I would have liked to see the bridge five years ago,” said Craigg.

After commissioners spent time discussing which math formula they should use in assessing developers for the bridge, one asked Craigg which formula he thought should be used.

Craigg said, “It’s your job to figure out how to make it happen.”

Lillegard told the commissioners he was willing to pay a higher assessment even though he thought Rankin’s calculations of expected usage were fair. However, he called the discussion of the bridge’s five-year history “irrelevant” to the approval process for his subdivision.

In the end, Cottage Grove was approved with commissioners John Rahm and Daryl Tewalt voting against it. The two were concerned that by charging Cottage Grove less than other subdivisions, it would set a pattern for future developments to pay less also. They referred to an expected 85 home development by Pahlisch Homes on 17 acres north of Cascade Avenue.

“Whatever we do here is going to be some kind of a precedent,” said Rahm.

Bridge fund is at center of controversy

By Eric Dolson

In 2001, Bruce Forbes wanted to build a 101-lot subdivision in six phases near the elementary school along Squaw Creek. The City of Sisters said he would need to build a bridge over the creek for neighborhood access and safety in case of fire or flood.

The bridge did not need to be built right away, the city said, but later, when a certain number of houses were built, when approval was sought for Phase Six.

Forbes agreed.

To make sure the money was available and to share the burden with others building houses nearby that would use the bridge, the city created a fund that Forbes and others paid into to offset the eventual cost.

Since Forbes was responsible for building the bridge, he was the one who estimated the price. That estimate was $280,000. Forbes initially paid $85,300 into the fund based on that number, according to the city. Using that estimate, other developers paid into the fund as well, including Deer Ridge, Taurus Homes, Dan Brandt and Steve Lillegard.

About $250,127 was raised. That should be about enough, except it appears that the original estimate of the cost of the bridge given by Forbes to the city was much too low. The bridge will cost closer to $500,000. If the city builds it, the price could be as high as $750,000 because of labor laws governing public construction.

Setting the higher amount would have increased the fees paid by developers over time, perhaps doubling or tripling them, and possibly offset the cost of the bridge. However, there is no mechanism to go back and require developers to increase their contribution. In the meantime, Forbes sold his interest in the project.

Taurus Homes, the developer who bought out Forbes, will not be allowed to build any more houses until the bridge is in. So now there is a stalemate. Taurus, who paid the most into the fund for other phases ($151,513), says Forbes needs to build the bridge as he agreed to do. Forbes is saying that others should pay more of the cost. The city is saying the bridge needs to be built. Stay tuned.