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Show New Utah - Thursday, February 6, 2003 - Page 14 omen riQ SunCresv cormuw By Harlow Clark r In a special meeting Monday night, Feb. 3, the Timpanogos Special Spe-cial Service District board voted 5-4 5-4 to amend its contract with Sun-Crest Sun-Crest developers to avert a crisis for SunCrest. The board approved a letter on Jan. 9 telling South Valley Special Service District it would provide sewer services to SunCrest, which is developing Traverse Mountain on both the Draper and Utah Valley Val-ley sides. SunCrest needed the assurance to start construction and record its plat before the plat expires Feb. 7. However, three property owners have contested Highland's right to condemn property for the road the sewer line is to run under, so SunCrest can't warrant to TSSD that they have an easement, ease-ment, and their contract with TSSD requires the warranty. SunCrest requested the meeting meet-ing to ask TSSD to change the contract so it only requires a quit claim deed until the Utah Supreme Court rules on the condemnation con-demnation appeal. One reason for the appeal is that Highland is condemning land outside its boundaries. Bruce Baird, attorney for SunCrest and its parent company Terrabrook, told the board that there is a right of extra-territorial condemnation for services (like sewer and utilities) utili-ties) and that none of the 20 to 30 challenges to extra-territorial condemnation con-demnation have ever been upheld. Board members Ed Collins, Otis Willoughby, and Frank Mills were opposed. Mills said he wished SunCrest had solved the problem earlier. "We didn't know we were going to have a problem before Micron, out of the clear blue sky said, Tou can't come down over Micron,' and we had to sue them," Baird said. He added, "This is not a problem prob-lem of your making and not a problem of our making either." Collins said he felt there were other paths to bring the sewer line down the mountain. A little later Willoughby called himself a contrarian on this issue and said he didn't see enough driving the District to amend the contract. He saw no immediate need for TSSD to solve SunCrest's problem, and said, "We'll take care of the water when it gets here. Board member Stephen Sowby said he did see an immediate need to solve the problem, but also declared a conflict of interests because he's doing engineering work for parties involved in the aPHealsaid if he voted he would vote for the amendment. The board determined that having declared his conflict, Sowby could vote. Asked about that later, board chair Blaine Thomas said that if a board member declares a conflict of interest the board can declare that member eligible or ineligible to vote. "Had he been declared ineligible then I would have voted to break the tie, and it would have been affirmative." TSSD attorney Craig Carlile told the board several times that it would probably not be possible to avoid extra-territorial condemnation condem-nation because there's a gap between TSSD boundaries and Draper. Baird disagreed, saying the county commission could easily adjust the boundary through annexation. Carlile said he didn't think it would be easy, TSSD had only annexed one acre. Baird said that was to give Draper a seat on the TSSD board, and they had annexed only one acre to avoid bringing in all of Draper. If there needs to be a gap between Draper and TSSD, Baird said, SunCrest has enough property to contain the gap. . Carlile repeated Baird s earlier words, "This is a crisis not of your making," he told the board, adding that if they wanted to facilitate SunCrest's problem with the plat they could. If not SunCrest Sun-Crest would have to go through approvals again, with no guarantees. guaran-tees. Baird assured the board of SunCrest's willingness to bear all costs of the condemnation. SunCrest Sun-Crest would also release about $3.5 million dollars to TSSD early. Board member Barry Edwards noted that if construction took two or three years, and that money drew just a modest 2.5 percent interest it could draw about $100,000 a year. ItM.. "Oft. North Pointe board gives letter of approval for Motoi By Harlow Clark The North Pointe Solid Waste Special Service District Dis-trict board has heard several sever-al golf course proposals, several motocross proposals and a proposal for a soccer field on the closed portion of the landfill. One recurring problem is that people making the proposal pro-posal can't get financing. The latest motocross proposal pro-posal came from Russ Tucker, Tuck-er, who came back to speak to the board Jan. 27 after getting approval from Lin-don's Lin-don's planning commission and city council. Tucker said there's a lot of unauthorized unau-thorized OHV riding in the county. A lot of people haven't paid much attention to who owns property in the foothills where people ride ATVs and dirt bikes, but much area in the foothills is starting to develop and property owners don't want the riding there. Neither do cities. Lindon and the Forest Service have both taken steps in the last few years to preserve the foothills and close them to off-highway vehicles. Tucker said that Delta, Price, and Salt Lake all have motocross tracks, as does Tooele County, but there's nothing close, even though Utah County sells and licenses more OHVs than other places in the state. Tucker also said Caterpillar Cater-pillar Equipment will donate the use of its equipment, equip-ment, which he knows how to operate as he does excavating exca-vating for a living. "I go by the Tooele facility facili-ty often and sometimes can't see the road for the dust," board member Bill Johanson said, then asked, "What's your proposal to keep dust down?" Tucker said they would have a sprinkling system, and put a mixture of mulch, loam, clay, and horse manure into the dirt. Johanson asked about ruts, which could wear away the clay cap over the landfill. Tucker said they would groom the track each week to avoid ruts. Pleasant Grove council member Carol Harmcr was worried about noise. Tucker said that while looking at putting the police and officials from Provo and Novell, and the noise hadn't come close to being too loud on the police's decibel meters. Harmer said the Pleasant Pleas-ant Grove council hadn't liked the idea a year ago, and Tucker said Mayor Danklef was more favorable favor-able toward the proposal now. Adams asked if board members would be willing to give Tucker a letter of approval so he and his partner part-ner could get started through Lindon's planning process, understanding that members can express their concerns in the conditions condi-tions they put on the project proj-ect when it comes back again. "That could work," Harmcr said. Ken Leatham moved to grant provisional approval, authorizing the district , arryEdv, afJrn,niBtrat,;; KraPhica J-' Vdllty bo t,.; costs of cond, Lne best eff, lze It v.. . agreement. to the tion. In a mil cap. voted nay, Ca,!i Sovneab3tai;; voted nay, aye. Stepheti Collins, nay. Collins told-; ryttalio presented too,' , he had ab5tiijnOV( reason, too n K ' absorb too q, ibara Chris t week tr s, roofers, ccountants. lay they art manage they are mfent aP;o Ft. Lewi don, cy : for mo Church, iheir Natioi ney, to .lion. leae &- mDers of leers, witn J it' I Gi track in at Provo they sound test East Bay in had done a with Provo District elects David Adams as chair By Harlow Clark The North Pointe Solid Waste Special Service District, the landfill, elected a new chair, David Adams of Alpine, at its first meeting this year, Monday, Jan. 27. County clerkauditor Ken Jackson also swore in Saratoga Springs city manager Ken Leatham as a new board member. Adams asked if anyone wanted to make a motion for changing the meeting from Monday night. District manager Stewart Cowley said Brian Brunson from Highland had called him to say he had been reappointed, reap-pointed, but wouldn't commit to meetings on Monday nights, and no one else in Highland High-land would either. In the past year LDS Church leaders have asked public officials and schools to avoid scheduling events and meetings on Monday nights so families can spend time together. County commissioner Jerry Grover said the board had discussed a different meeting meet-ing night eight years ago, but cities hld council and planning commission meetings on Tuesday, Wednesday and Thursday nights, "and Friday, forget it." Adams said he would try to keep meetings meet-ings to an hour and a half, from 5:30 to 7, and one way to do that would be to have subcommittees discuss complex issues, then present their findings to the board for ratification or motion and vote. Harlow Clark can be reached at har-lowclarkjuno.com . 1 a T r.r.rr.. . . "4n Americ bfcfore-red Saturd is fa-jss Cente is fully a:;-ams to The :ugements imouily ance, wills Continental pr ....mmunizati e largest s i in Utah "Szation or .aemDers oi such an e Mness eacn 3i, but this skme Expert; 785-5562 93 Hast Center Pleasant Grove Get a new look for Valentines Day! Receive 15 OFF your next service with this coupon. 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