On the beautiful and calm Memorial Day before storm tomorrow evening at the Weber County Commission chambers, we will direct our humble readers to this morning's Di Lewis article:

Divided opinions on plans for Powder Mountain

Many Valley-ites are quoted with the majority of those quoted being opposed to the Memorandum of Understanding that will be before our humble group of all-star commissioners Tuesday evening at 6:PM (of course, get there early to get a seat).


From today's Di Lewis article:

Valley residents worry that increased traffic and the development of 2,800 units at the resort will turn their home into a polluted suburb.

"It goes far beyond the community this time," said Eden resident Sharon Holmstrom. "This time, they have the homeowners in a vise from which they cannot escape.
"If a development agreement is not reached, then homeowners are stuck with the incorporation and expense and horror of that. But if they go along with that agreement, then they undermine the general plan for the rest of the valley."
Eden resident Kirk Langford is concerned that allowing higher than normal density at the resort in order to reach a resolution will open the door for future developers to demand density variances.

Langford and Holmstrom, along with many other landowners, lost two-thirds of their development rights in the down-zoning of the valley in 1998.
Now they are worried the move the landowners hoped would preserve the valley will be pointless if the resort is allowed to have more than its allotted development rights for the amount of land.

"I'm for Powder Mountain being developed," Langford said. "I think they should get every single entitlement that they had on the land when they bought it. ...
"But I've watched people go to build one house up here, and if they're a quarter acre short, too bad, they can't build. So why should they (the resort) be able to get 1,600 more (units)?"

It's about fairness, said Eden resident Steve Clarke.
"The thing I focus on right now is the fairness issue that people who own a considerable amount of property surrendered property rights and went from 1-acre zoning to 3-acre zoning," he said.

"I feel like it's unfair for the county to give density to a resort that other people gave up willingly years ago. It's important for the county commission to acknowledge the contribution of these landowners."

But some residents believe the memorandum, with recent changes, might be the best plan they can get to end the problems in the valley, said Darla Van Zeben, an Eden resident within the incorporation boundaries and one of the residents involved in the lawsuit against the county.

The revised memorandum, now available on the county website http://www.co.weber.ut.us/commission/public_hearings.php, limits the resort to one golf course, creates a 1.5 percent fee for improvements and removes the developers' ability to withdraw from the agreement after action is taken on a neighboring development with common ownership.
Van Zeben said those were the issues creating the most worry among homeowners.
Most potential town residents don't think it's a perfect solution, she said, but it's one they can live with.

"There are parts of this deal that are tough to accept, but we're all in a tough situation and this new MOU might just be the best deal the Ogden Valley is going to get," Van Zeben said.

She said they are worried that if the incorporation is ultimately approved, it would allow unbridled development across more than 20,000 acres, rather than controlled development over 4,200 acres.

Because the incorporation petition was possible through a short-lived law, Van Zeben said she doesn't think other developers would be able to demand higher density.

 As a bonus today, we will include several letters to the editor of the June 1, 2010 issue of the Ogden Valley News.  It is posted below this article so be sure to scroll down.

As an enhanced bonus, we will link to this morning's Weber County Forum Post on the subject:

Standard-Examiner: Divided Opinions on Plans for Powder Mountain

In true Rudi-esque Fashion, he has created a "cribsheet" of various articles that have appeared on the subject in recent weeks.

Before we run off to 'Vegas Baby' to roll the dice on tomorrow's outcome, we will give all a chance to join in our straw poll that is located near the top of the right side bar.

As Ron Burgandy would say during signoff, "Stay Classy Ogden Valley."

Letters To The Editor of The Ogden Valley News regarding the Powderville Hostage Crisis

The June 1, 2010 issue of the Ogden Valley News was stuffed with letters from residents concerned over the outcome Powderville.


We have scanned all of the letters and will include them below in no particular order.  We will, however, post the "Open Letter to the Citizens of Ogden Valley" first, as it is signed by several of the Powderville hostages.

An Open Letter to the Citizens of Ogden Valley
By Dan VanZeben,
Darla Longhurst-VanZeben
Taylor Satterthwaite
Jim Halay
Deja Mitchell
Kathy Dowell
Suzanne Amann
Eden

Community Being Asked to Weigh in on Controversial County Decision on Powder Mountain Development  (note:  this is not a letter to the editor but a cover story written by one of the editors of the Ogden Valley News)

By Shanna Francis

A Bad Deal For Ogden Valley
By Kimbal Wheatley
Huntsville

What Is To Happen To Our Valley
By Larry Zini
Huntsville

Courage Needed To Face Powder Mountain Developer
By Frank Cumberland
Huntsville

A Community Worth Saving
By Laura Warburton
Huntsville

Powdervillains Hold Hostages
By Sharon Holmstrom
Eden

Valley Citizens Should Not Drink the Cool-Aid Offered by Powder Mountain Developers
By Richard C. Webb
Liberty

Unlink Eden Heights development from Powder Mountain MOU
By Steve Clarke
Eden


Don't Sell the Utah Supreme Court Short!
By Sharon Zini
Huntsville

Please Attend County Commission Hearing to Indicate Support Against Powder Mountain Proposal
By Edward A. Adair
Eden

Attend Public Hearing on June 1 - Democracy works best when people participate
By Kirk Langford
Eden

After perusing the twelve letters (probably the most letters the OVN has ever printed in one issue on a particular subject), we were able to break them down into three categories:

• In Favor of the MOU         1
• Against the MOU              10
• Neutral (come together)    1

Comments on Powder Mountain Draft MOU

Submitted by Dan Schroeder, Conservation Chair, Ogden Sierra Club

May 28, 2010

Dear Commissioners:

Thank you for providing this opportunity to comment on the draft “Binding Memorandum of Understanding” (MOU) between Weber County and the owners of Powder Mountain (WAH). These comments are submitted on behalf of the Sierra Club and our more than 300 members who live in Weber County.

Before getting into the MOU itself, I would like to express our gratitude for your courageous position on the matter of appointing the Powder Mountain Town Council. It is a fundamental American principle that our leaders should be chosen by the people, not merely appointed by a particular commercial interest or by those who own the most land. This principle is enshrined in the Utah Constitution and is supported by the Equal Protection clause of the U.S. Constitution. Ogden Valley residents of all political persuasions have now rallied behind this principle, and we have every reason to expect that the courts will agree. Weber County is therefore engaging in the present negotiations from a position of strength

With this in mind, here are the Sierra Club’s concerns with the draft MOU:

1. The MOU fails to protect the Middle Fork Wildlife Management Area.

First among the Sierra Club’s concerns is that there is no language in the draft MOU to provide any protection whatsoever to the Middle Fork Wildlife Management Area (WMA). As you know, the WMA borders the Powder Mountain property on three sides, and provides critical habitat for elk and many other wildlife species. Earlier proposals from the Powder Mountain owners have vividly shown their intent to place private home sites along much of the WMA boundary. This would threaten the WMA by enabling unauthorized entry, trail construction, motor vehicle use, and poaching. These problems already occur in other remote areas of northern Utah where private residential properties adjoin public lands. The Powder Mountain boundary is similarly remote, making law enforcement impractical.

Fortunately, there is an easy way to prevent these problems. The development plan should include a buffer zone that separates private lots from the WMA, with a trail along the entire boundary that would give law enforcement personnel access to this critical area. The trail might also be used for public recreation, to whatever extent is consistent with the overriding goal of protecting wildlife habitat.

I therefore request that if you go forward with the MOU, you add a provision for a buffer zone and other necessary protections for the WMA. It would be prudent to consult with the Forest Service and the Division of Wildlife Resources regarding the details of these provisions.

2. The traffic safety/impact study should not be delayed.

The draft MOU inappropriately postpones the initiation of the traffic/impact study until many years in the future, after nearly 1500 units have already been constructed on Powder Mountain. This delay would create long-term uncertainty over the ultimate impact of the development on the rest of Ogden Valley, including the question of whether a second access road would ever be built. It is unfair for the residents of Ogden Valley to have to live with this uncertainty for so long. Instead, the traffic/impact study should be completed before any MOU or development agreement is finalized.

3. The MOU would allow Phase 2 to proceed before safety recommendations are met.

Although Section 2.3 of the MOU requires WAH to pay for the traffic safety/impact study and to “begin implementation” of the study’s recommendations before proceeding with Phase 2, it does not actually require that the safety recommendations be fully (or even mostly) implemented. If this loophole is not closed, it will almost certainly lead to unsafe conditions and/or additional litigation.

4. The MOU is an invitation for future litigation.

WAH has already demonstrated its eagerness to go to court to get what it wants. Entering into a “binding” memorandum of understanding would give WAH additional grounds for future litigation, tying the County’s hands whenever it might seek to impose additional requirements that are not explicitly included in the MOU.

Conclusion:

While an informal MOU might serve as a useful guide for future negotiations, I am not convinced that a binding MOU would be in the best interest of the County under any circumstances. Instead, I would urge you to bring forward an actual development agreement that spells out the County’s requirements in much more detail.

Should you nevertheless choose to go ahead with this binding MOU, I urge you to amend it to address the concerns described above.

Sincerely,

Dan Schroeder

American Legion Ceremony to honor the Veterans of Ogden Valley

We at the forum would like to wish everyone a Happy Memorial Day weekend.  Memorial Day, originally called Decoration Day, is a day of remembrance for those who have died in our nation's service.  Please remember our fallen soldiers while out roasting hot dogs in the rain this weekend.


Be sure to make time to visit one of our local cemeteries on Monday to participate in the American Legion's ceremony of honor.

Here is more information on this important event submitted by Clay Poulter

On Monday May 31st. The American Legion Post 129 Ogden Valley will be conducting our annual ceremony to honor the Veterans that are buried in the four cemeteries in the Ogden Valley. Times are as follows:

Liberty @ 9:00 am
Lower Eden @ 9:30 am
Upper Eden @ 10:00 am
Mountain Green @ 11:00 am
Huntsville @ 12:00 pm
Luncheon @ 1:00 pm

Canyon race kills teen / Cars try to pass on each side of van with disastrous results

From this morning's Standard Examiner:

A high-speed race involving high school-age kids turned deadly in Ogden Canyon on Thursday afternoon.
One 16-year-old girl from Ogden is dead. The male driver of the car she was riding in sustained serious injuries and was taken by helicopter to an area hospital.
Police are looking for another car that left the scene of the fatal crash, said Lt. Phil Howell, of Weber County Sheriff’s Office.
All involved in the accident appear to be from the Ogden area, and all are younger than 18 years old.
The three survivors are hospitalized in stable condition as of late Thursday, Howell said; deputies were not yet releasing the identities of those involved.
The accident occurred about 2:30 p.m. in Ogden Canyon near the Pineview spillway.
A black Acura and a red Honda appear to have been racing westbound through the canyon, Howell said.
“They both tried to pass a van that was already in the roadway, on either side of that van. One of the cars, a black Acura, lost control and drove off the south side of the roadway and crashed into a tree,” Howell said.
The Acura was likely in the westbound lane, trying to pass on the right side of the van, before losing control.
The impact of the accident partially knocked down the tree and blocked the road, Howell said.
The male driver was extricated from the vehicle and flown by helicopter to McKay-Dee Hospital in Ogden.
“One female passenger was dead at the scene from injuries,” Howell said. “Two other (female) passengers were able to get out of that car and were driven by a private vehicle to the hospital for treatment.”
Police are looking for the red Honda that left the scene of the accident.
“We’re investigating leads to identify that vehicle and occupants,” Howell said.
“Our deputies and (Utah) Highway Patrol are investigating the accident scene and doing those kinds of calculations to estimate speed and distance and all of those factors that are involved in the accident.”
The road through Ogden Canyon was reopened at 6:50 p.m. after the accident scene was cleared and deputies completed their investigation.

Click here to view the story on KSL.com

Amy Wicks meets the GEM Committee

Amy Wicks, one of the two candidates for the Weber County Commission seat B this November was the guest at the GEM Committee meeting at the Huntsville Town Hall last night.

Amy said she works for a private firm that provides support to abused children. She has also been elected to two terms as an Ogden City Council member.

Amy appears to be a straightforward, self confident candidate, and easily fielded questions on many wide ranging subjects about Ogden Valley and Weber County.

Ms. Wicks stated she is a supporter of private property rights, but also of long range planning and zoning. She indicated she is not a supporter of Eminent Domain where government agencies can simply take peoples’ land when they deem it is appropriate.

When asked about Ethics Reform, Amy stated it is needed in Utah and she does support meaningful ethics reform for our legislature.

She was asked her opinion about the MOU Powder Mountain has before the Weber County Commissioners. Amy said she did not see any compromise on the part of Powder Mountain in the MOU.

Amy was asked about the difficulty of running as a Democrat in Weber County. She responded that she has been mostly nonpartisan in her political career on the Ogden City Council, and it is difficult to get the financial campaign support needed running as an independent. She plans to address most issues with a nonpartisan approach.

Details of the great Ogden Valley Sellout available on Weber County's web site

The staff report for the upcoming Public hearing (aka, the Great Sellout of Ogden Valley) is available on the Weber County web site.

Click here to study this 26 page masterpiece

In it, you will find a time line of the events related to Powderville and some really cool maps.

To remind us all of the date, we have included this handy countdown clock.



Maybe the commissioners need to move the meeting over to the Dee Events Center.

Let's pack 'em in next Tuesday!

Realtor donations to Utah Gov. Herbert reach $100K - Is Ethics reform needed?

Utah Association of Realtors (UAR) has a firm grip on politics in Utah

Be sure to read Curmudgeon's latest:

Standard-Examiner Flinches On Herbert Campaign Finance Headline

Curm exposes some headline changes at the Standard with regards to the more than $100K in donations to Hebert's campaign from the Utah Association of Realtors.  Don't forget to read the comments as well.

Regular readers of this forum will remember nearly three years ago when "Minor Machman" exposed the Utah Association of Realtors.  

From the UAR  in 2007:

LEARNING CURVE: Percentage of Utah legislators receiving perfect scores from the Utah Association of Realtors
1999: 6%
2000: 8%
2001: 24%
2002: 31%
2003: 56%
2004: 53%
2005: 60%
Source: Utah Association of Realtors

 Interestingly, the numbers correspond closely with the Realtor/Developer takeover of the legislator which culminated with former UAR President Gary Hebert becoming the Governor of Utah in 2009.

We think Peter Coroon is looking better every day.

Say No to the UEG Petition? Local Resident Thinks We Need To

The Ogden Valley Forum has been calling for Ethics reform for some time.  We have also been promoting the Utahn's For Ethical Government Petition.

Ogden Valley resident Laura Warburton offers a counterpoint in her essay,  


Why We Need to Say NO to the UEG Ethics Petition.

Warburton lists many supporting points and in her conclusion, she states,

The above is just a spattering of unethical aspects of this insidious petition. The UEG ethics petition is nothing more than a (UEA) Utah Educators Association coup. It’s a cleverly disguised weapon to gain power over the Utah state legislators; something they’ve longed for.

We know the results of the Utah Association of Realtors coup, so maybe a UEA coup would not be so bad.

Powder Mountain Update: The Standard Examiner Sez "Compromise Appears Close" - UPDATED

Updated with Questions posed from an Eden resident with answers from the Weber County Planning Director.  Scroll Down to view...

We will take the easy way out this morning and leave the commentary up to the folks at the Weber County Forum.

Don't miss Rudi's rundown:


Powder Mountain Update: The Standard Examiner Sez "Compromise Appears Close"

Be sure to read Rudi's commentary carefully, especially near the end of item 1 where he states:

Whether the developer kicked up its demands during the litigation phase of negotiations we don't know; but based on the original proposed numbers, it would appear to us that the only compromising that's occurring with respect to the original "density" proposal would be on the Weber County Commission's part.

Jan Zogmeister says she wants citizen comments, so give her your comments:

I really am at a wait-and-see point," said Weber County Commissioner Jan Zogmaister.  "I've watched the whole thing progress for a couple years, so I am willing to hear it, but I also really would like to hear the input from the citizens who will be directly affected by this. ...   The whole thing has been to represent the citizens in this agreement."

 Contact Ms. Zogmaister and her friends at:

CommissionerJan Zogmaister
Commissioner Craig Dearden
Commissioner Ken Bischof

Shelly Halacy, Administrative Assistant to the Weber County Commission

(801)399-8401

Weber County Commission
2380 Washington Blvd. Suite 240
Ogden, UT 84401

UPDATE:  May 25, 2010 @ 10 PM

One of our humble Eden residents asked Weber County for answers to a few questions.  Here is the response:

Original Message-----
From: Scott, Robert
Sent: Friday, May 21, 2010 5:55 PM
To:
Cc: Pierce, Nate; Bischoff, Kenneth A.; Dearden, Craig; Zogmaister, Jan M.
Subject: RE: Powder Mountain Rezone

xxxx,

Here is the information you requested regarding the Powder Mountain Rezone.

1.    Was the “draft MOU” prepared by the applicant or Weber County?

The initial draft was prepared by the applicant.

2.    Was the “draft MOU” prepared with any input from Weber County staff or Commission?

Negotiations were conducted with the County Commission with staff input.

3.    Will the Planning office please provide the citizens of Weber County a simple chart showing density differences between the current zoning and that which is being proposed by the MOU.

A staff report is being prepared that will have some comparative information.

     Robert O. Scott, AICP

     Weber County Planning Director

    

Powder Mountain Memo of Understanding available - UPDATED

The Powder Mountain Memo of Understanding is now available for downloading at:

http://www.co.weber.ut.us/commission/public_hearings.php

While we have not had a chance to dissect or digest it completely,  we wanted to make sure our expert readers have a chance to analyze the MOU.  Our preliminary analysis indicates they are asking for substantially more than double the current zoning (housing units).

We will highlight three important sections:

2.1 Phase 1: 

1,477 units, meaning single-family dwelling units with hotel
rooms being counted as the equivalent of one-third 1/3 of a single family
dwelling unit. In other words, a 100 unit hotel would count as 33 units.
Commercial development is not included in the density number.
Recreational and commercial uses shall be developed as needed to
support the resort (ski lifts, lodges). Phase 1 may proceed in
accordance with this Memorandum and adoption of the DA, which shall
not otherwise impair, burden or delay implementation of Phase 1 as long
as the development complies substantially with the approved concept
plan.

2.3 Phase 2 Density. 

Upon meeting the requirements specified in 2.2 above
and the conditions and benchmarks to be specified in the DA, WAH shall
be entitled to proceed with Phase 2, an additional 1323 units, which
shall include SDUs, MDUs, and hotel rooms. Hotels, commercial and
recreation uses shall count as described in 2.1 above.


7. Eden Heights and Additional Powder Mountain Zoning. Eden Heights
consists of approximately 1,500 acres, as more specifically described in Exhibit
B to this MOU. Eden Heights is adjacent to Powder Mountain and has certain
common ownership with Powder Mountain. The Parties anticipate that Eden
Heights will be filing an application for rezoning with Weber County in the near
future.

In 1998, Ogden Valley residents forfeited 2/3's of their development rights when Weber County changed minimum zoning from 1 acre to 3 acres.

Snowbasin is using the Resort zone to preserve open space on the valley floor while gaining extra density at the resort.

Powder Mountain is agreeing to release the "Powderville hostages" in exchange substantial increases in density.

Two things appear obvious:

1. Powder Mountain doesn't really want to force incorporate a small group of hostages who don't want to be forced into a company town.
2. Powder Mountain is wary of the outcome of the Supreme court case.

The June 1 public hearing is likely just a formality of a deal done long ago, but if ever there was a time for our ELECTED officials to draw a line in the snow, the time is now!

What say ye, Ogden Valley?

UPDATE:  5/21/10 @ 8 am

The Weber County Forum  has some interesting posts and comments about the contentious Powder Mountain issue.

We suggest that you check it out in preparation for the June 1st meeting in the
Commission chambers. 

Be sure to read the analysis by Frankc.
• Frank C. comments 5/20/10

OGDEN VALLEY BALLOON FESTIVAL POSTPONED TO 2011

Organizers cite RAMP up time, unfavorable economic conditions & date conflicts

Organizers of the 2010 Ogden Valley Balloon & Artist Festival voted today to postpone the event to mid-August, 2011, citing unfavorable economic conditions, timing with sponsor and grant funding as well as issues with the event dates.


The Board, which consists of community volunteers, had hoped to recruit a dedicated person to solicit corporate sponsors. When that person did not materialize through outreach efforts, Board members felt that the results required from this effort could not realistically be achieved. 2010 Chairperson Gladys Mundelius commented, “We all dedicate hundreds of hours organizing the event, and none of us could take on the additional responsibility.” Timing was also a factor. “The key to raising funds from corporate sponsors and the various entities that offer grants such as the Weber County RAMP tax is to get the fundraising effort started in the fall for the following year. By postponing this year’s event, our Board will be energized to take on this effort come fall. We’re usually exhausted after the August event and need a few months to re-group. That won’t be the case this fall.”

Date conflicts with several Valley and regional events caused delays in organizing efforts but on a very positive note, all the organizations attempting to schedule events tried very hard to work together. “That was great to see” noted Mundelius “We were touched by the efforts our neighbors underwent to try to work through the date conflicts.” By getting an early start for 2011, we can publish our dates well in advance to notify other event organizers.”

The Board is also pursuing teaming up with other Valley organizations to help improve the event and add much needed manpower to the event planning efforts “If all goes as planned, this breather will result in a really fantastic event in 2011 that offers increased community involvement.”

“Our Board of Directors made the fiscally responsible decision. We are a non-profit organization that is fully funded by the support of our sponsors for organizations expenses. We felt the postponement was the only fiscally responsible thing to do. As a non-profit volunteer organization, we simply don’t have the purse to fund the event, which costs in excess of $50,000 to produce.”

For updates on planning for the 2011 Festival, please bookmark www.ogdenvalleyballoonfestival.com and check it periodically.