We would like to remind our readers of the important event being held this evening at 7:00 p.m., at Ogden's Wasatch School, concerning Blessed Boss Godfrey's proposed Mt. Ogden Park land-grab. A similar event is also scheduled for tomorrow night. The object of these open houses appears to some of us to be a possible subterfuge to fulfill statutory public notice requirements necessary to amending the Ogden City General plan.Although we had a fairly robust discussion of this event a few days ago here, we are bringing up the matter again, as a reminder. It is imperative, we believe, that Ogden citizens who are concerned about the paucity of information surrounding the Mt. Ogden Parkland proposal, (or the lack of merit of the proposal itself) attend these events, in significant force, to lodge their objections to a public input process that is premature and faulty, at best.
In the intervening period since we last discussed this topic, one of our gentle readers and I had a conversation with a prominent local lawyer, an expert in municipal law. We asked for an informal written opinion about the role of the planning commission and council in connection with the parkland sale proposal, and this is what he provided:
In short, the Ogden "Gang of Six" City Council, which was originally granted the power by the legislature re the disposition of City owned real property, delegated (in 2003) that power entirely to the mayor's office. The present council no longer retains any legal authority to directly approve or disapprove the disposition of ANY Ogden-owned real estate. Under current Ogden City ordinances, the city council's sole remaining authority with regard to the Peterson/Godfrey scheme is thus limited to the role of approving or disapproving the general plan or zoning amendments.I read the post today on the Weber County Forum [the above-linked WCF article.] City Councils are empowered to govern the disposition of municipal real property. The City Council does this by passing an ordinance which sets forth how municipal real property is sold. Where the property is deemed "significant," (1) the contemplated use of the property after the sale must be consistent with the General Plan (as reviewed by the planning commission) and (2) a 14 day noticed public hearing must be held. The City must obtain "fair and adequate consideration" for the property. However, such consideration can be both monetary and non-monetary in nature.
An appraisal is not required. The Ogden City Council delegated authority to the Mayor to despose of municipal property. However, any property valued over $75,000 has been deemed by Ogden City as "significant" for purposes of the statute.If the proposed sale of park/open space is valued at over $75,000, then the two above provisions kick in. Since the open space appears to be slated for residential density, which is inconsistent with the current General Plan, that Plan must be amended before any sale takes place. All General Plan amendments must go before both the planning commission and city council, with a public hearing mandatory at the city council level.
Hence, although the city council does not authorize the sale, it appears that the city council is an essential part of the process for an amendment to the General Plan.
In addition, the Ogden City Council could always modify the ordinance on the disposition of property and require all such sales to be approved by the City Council. Most jurisdictions leave the disposition of "significant" parcels of real property to the legislative body, who is in charge of the budget.
Attacking a sale on the basis of whether of not "fair and adequate consideration" has been given is generally a losing proposition. Courts only look to whether the decision-maker was acting reasonably -- a very low standard. Consequently, I do not believe there to be a Utah case which overturned a sale based upon inadequate consideration, unless there was no consideration given at all. [Emphasis & Links Added.]
We strongly urge all concerned citizens to attend these two open houses, and to voice your objections loud and clear. There's too much at stake to allow this project to be rammed down our public throats by a Mayor who is hell-bent to demonstrate "who's boss. "
Update 6/13/06 11:57 p.m. MT: As a result of some discussion in the below comments section, we have just now gotten off the phone with the Ogden Planning Department and have confirmed that the open houses of tonight and tomorrow are to be regarded as public meetings, open for attendance and public comment by ALL Ogden citizens, irrespective of whether they reside within the described Mt. Ogden Neighborhood boundaries between 26th Street and 36th Street, and from Harrison Boulevard east to the foothills.
Update 6/13/06 3:55 p.m. MT: In response to the continuing confusion about tonight's open house event, we have now spoken yet a SECOND TIME with Sharon, of the Ogden City Planning Department. She again confirms all of the information in the preceding paragraph.
She adds, upon inquiry, that meeting moderaters intend to focus on narrow neighborhood planning issues, such as traffic, economics and other traditional neighborhood questions, and touch only marginally, if at all, on the ubiquitous gondola question.
Whether tonight's discussion will remain as narrow in scope as advertised and planned... we shall see, shall we not?
Sharon has also graciously emailed us a copy of tonight's agenda, which we have now uploaded to this archive page.
