In the middle of the road

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OGDEN -- Residents and several businesses are angry about an access-restricting raised median that went up on Washington Boulevard last month without public hearings or prior notification.

A small yellow curb divides the state-owned Washington Boulevard between 18th Street and 20th Street and keeps drivers from making left turns in or out of businesses and apartment complexes.

Jim Koertge, proprietor of the Prairie Schooner Steak House, 445 Park Blvd., said the inconvenience has already hurt his business, which has its main access from Washington Boulevard.

"Locals will find a way to get here even if it's a long way around, but tourists won't," he said, adding that out-of-towners account for 80 percent of his business.

A half block away, at Nationwide Auto Glass, the sentiment is the same.

"I think it's terrible and it's damaging our business," said Chris Johnson, a manager at Nationwide. "I don't think it does any real good."

He added it may become more dangerous because it forces people to make U-turns in busy intersections.

In 2006, Ogden applied for a permit from the Utah Department of Transportation to give Park Boulevard an access on the west side of Washington as part of a redevelopment agency project along the Ogden River. Before that, Park ended at the east side of Washington.

UDOT wasn't pleased with the proposal because the city wanted the intersection off-set to provide some space between the river and Park on the west side of Washington, said Adan Corrillo, a spokesman for UDOT.

"It's impossible to line up the west side because of the river," said John Patterson, the city's chief administrative officer. "The road would be right along the river, and nobody wants that."

Lining up the roads would also affect the new Bingham's Cyclery building. Bingham's bought the property in December 2006 for more than $300,000. Earlier that year, UDOT Region One Director Cory Pope warned the city of the complications involved with an offset intersection.

"This proposal would create unacceptable conflicts with the left turn movements. In order to mitigate these conflicts, a considerable length of raised median would have to be constructed. This would be a costly addition and would also have impacts on existing access in the area," Pope wrote in the July 10 letter. "If the City still desires to move forward with the original proposal, we will be happy to assist in recommendations for the raised median. We would also expect the City to take appropriate measures to inform adjacent communities of the change in access prior to beginning the project."

According to its rules, UDOT must hold a public hearing "where the project would have a substantially different social, economic or environmental effect; or where the project would essentially change the layout or function of connecting roads or streets."

A public meeting should have been held, Carrillo said, but it was the city's responsibility, because it was the entity requesting the access to the state road.

Koertge said he never heard about the project until construction began last month. Patterson said the city did not hold any public hearings because they were unaware of the UDOT policy. He said the city intended to notify the affected residents and businesses before construction began, but there was a breakdown in communication.

"There was a gentleman in our office who was responsible for notifying the people," he said. "But he left and delegated it to someone else, and it didn't happen."

So far, Patterson said Koertge has been the only one to complain to the mayor's office. In response to the complaint, the city worked with UDOT to get a left-turn lane for southbound traffic onto Park Boulevard on the east side of Washington to improve access to the Prairie Schooner.

Koertge said he is contemplating legal action against the city or against UDOT for failing to provide for public input.

Weber County Commissioner Jan Zogmaister asked UDOT for an explanation after receiving four complaints from residents and businesses. The county has nothing to do with the state-owned road, but she felt she needed to respond to the concerns.

"They are all still Weber County residents and Weber County businesses," she said.

At this point, Patterson said, there is not much the city can do. "The median is in and it's not going to be coming out," he said. "We're just complying with what UDOT required."

For Koertge, the issue is not closed. He said he can't understand how UDOT and the city could be so careless concerning their taxpaying constituency.

"After 30 years of business, I've never seen anything like this," said the white-bearded Koertge at his rustic restaurant that has become an Ogden landmark. "Really, it hurts your feelings. It gives you a funny feeling in your stomach. Why would they do something like this to you?"

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