River project not flowing smoothly

OGDEN -- Several property owners are refusing to provide the city with free easements for the first phase of the $4.5 million Ogden River Restoration Project set to get under way in November.

Wes Ward, who owns AAA Auto Salvage at 1830 Wall Ave., has no intention of donating to the city a swath of property behind his business extending about 40 feet from the river's bank.

However, he would gladly sell his land, which encompasses less than an acre, to the municipality for $500,000.

"They can pay me and let me get the hell out of here," Ward said.

Emogene Berrett, owner of Pappas Brick and Stone, 1860 Lincoln Ave., said the city already has riverbank easement on her property. However, she won't dedicate any more easement to the city for the river restoration project.

"People invest in their property to make money and not to give it away to bigger developers," she said. "That's what they are asking, for you to donate it to them."

The Ogden River Restoration Project consists of various habitat features designed to restore aquatic and geological functions.

If Ward, Berrett and other landowners refuse to provide easements, the river restoration project can be reconfigured around those properties, said Justin Anderson, the city's engineer.

"One way or another, we will be able to work something out," he said. "I don't see this stopping the project."

The city wants about 30 riparian easements for the replanting of native vegetation along the banks of the project area, Anderson said.

It's also seeking several construction easements to provide public access points along the river. Each easement would extend about 15 feet to 25 feet from the bank.

No easements

So far, the city hasn't obtained any easements for the project, Anderson said.

However, he said he's confident the city will get them in time to meet a mid-November state-imposed deadline for showing progress on the $1.5 million initial phase of the project, which extends from Washington Boulevard to Wall Avenue.

"Most everyone we have been dealing with has been very positive," Anderson said.

He declined to identify property owners willing to provide easements.

Ray Jensen, who owns Creative Welding at 195 18th St. as well as two homes and a shop at 1803 Grant Ave., isn't one of them.

He believes restoration of the Ogden River will ultimately benefit the city, but he won't donate easements for the work.

"If they want to develop something, they can come in and buy me out," Jensen said, adding he would consider selling the properties to the city for $1.5 million.

He also believes a grant application from the city to the Utah Division of Water Quality that in June landed a pledge of $1 million in federal stimulus money for the river project is misleading because it claims property owners would provide easements.

"To me, it's a flat-out misrepresentation," he said. "They don't have property owners on board."

The application prepared for the city by RiverRestoration.org, based in Glenwood Springs, Colo., states property owners support the project.

"Participating landowners throughout the reach have indicated their intent to cooperate with the city to protect the improvements from future modifications and encroachments by attaching protective easements to the property that will be held by the city," the application says.

"Because of the cooperation of the landowners along the river, land costs are donated to the projects."

Based on an average of $30,000 per acre, it's estimated the value of the easements from property owners within the entire project area would total about $1.3 million, the application states.

Support claimed

Caroline Bradford, project coordinator for RiverRestoration.Org, said the firm has received strong support from property owners.

"As the consultant, we collected signed letters of support from the majority of landowners, roughly 85 percent, indicating their eagerness to take advantage of this golden opportunity if our application was fortunate enough to be awarded funds," she said in an e-mail to the Standard- Examiner.

"Ogden City along with RiverRestoration.Org is working very hard to secure all necessary easements to go forward with the project. We've diligently worked with the property owners -- large and small -- to accommodate specific requests when finalizing the design. We are confident that all the necessary easements will be obtained."

Bradford did not provide the Standard-Examiner with any letters of support for the project from property owners.

The state Water Quality Board, which has authorized the $1 million in stimulus funds for project, didn't determine whether the city had actually obtained property easements, said Leah Ann Lamb, assistant director for the Utah Division of Water Quality.

The city must comply with stringent requirements dealing with design, construction and other facets of the project before it receives stimulus funds, Lamb said.

None of the money can be used by the city to acquire easements, she said, adding the project would likely increase property values along the Ogden River.

In addition to stimulus funds, the city has received $300,000 from the Central Weber Sewer Improvement District for the river restoration project.

The city's administration has diverted about $275,000 in bond funds earmarked for storm water improvements along Harrison Boulevard between 22nd and 28th streets to fund design and engineering work for the project.

There isn't a problem using the bonds for the project, because the Ogden River is the city's largest storm water conduit, John Patterson, the city's chief administrative officer, has said.

He maintains storm water improvements along Harrison Boulevard that were to be funded by the bond will be completed within five years.

As part of the river restoration project, riverbank plant growth is proposed to buffer pollution sources, reduce channel temperatures and provide aquatic food sources.

Storm water return areas would be developed to minimize the impact on water quality from urban runoff.

In addition, interior flood plains would be created, vegetation would be enhanced, riverbanks would be stabilized, concrete and litter would be removed, and recreation access would be provided.

Land donated by property owners will provide space to create wetlands that will diversify plant types and wildlife habitat.

This article is being discussed on the Weber County Forum: http://wcforum.blogspot.com/2009/09/staandard-examiner-river-project-not.html