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Show 1 TENTATIVE AGENDA FOR PLANNING COMMISSION MEETINGS Meeting to be held I. DIRECTOR'S REPOKT a. Election of Planning Commission Chairman and Vice Chairman h. Decision on Modifications to approved Deer Valley Entrance Office Building as part of the Deer Valley Resort PI I). c. .Miscellaneous Sign Decisions. d. Decision on proposed Retail Kuildingon (he southeast corner of 1-2 IS and Woodbine Va as a permitted use in the ()(' one hut within the Frontage Protection one. e. Decision on proposed Office Kuilding on the northwest corner of l'-2lXand Monitor Drive as a permitted use within the (iC one hut within the Eronlage Protection Zone. I. Decision on modification to the approved Yellow Slicker fotir-plcx proposed for !lth Street and Lowell Avenue in the I1K-I Zone, g. Discussion of ordinance to specify ones where the sale of timeshare interest in property should he :i I lowed. HOW THE CITY COUNCIL VOTED... Thursday, March 12 Lotions fej1! 14 flil Alvarez Lewis Martinez Shellenherger Wells SIS. ,jm,ne ?es es es es es Adopt resolution to approve Park City Golf Course fee gg yes VeS schedule. Approve resolution creating Utah League of Cities and Towns as entity of i.,ca. yes yes yes yes yes government. Approve minutes of March ."1 meeting. yes yes yes yes yes B Approve temporary beer H license for St. Mary's Church ygg ygg yes yeS yes I for St. Pat's party. , I b )BiiJ xO- ".S.nfit 6;i:"biJi.-'i?q'-i'- ' 7 "" " " ' Approve verified hills and yes yes yes VPS VPS checks written. m SIMM BiiU March 25, 7:30 p.m., Marsac School 2. ACORN APARTMENTS: Discussion of 12 residential residen-tial units proposed for I Empire Avenue in the RC Zone. :i. SNOWCREST II: Discussion of U residential units proposed for the southwest corner of Empire Avenue and l."th Street in the RC one. t. TIIAYNES CANYON 7 SUBDIVISION: Discussion of three lot subdivision proposed for the southwest corner of Morning Star Drive and Thay nes Canyon Drive in (he RD one. .V PROSPECTOR RIIXiESl HDIV1SION: Decision regarding modifications (o the approved plat for Prospector Ridge Suhdi ision. final agenda will he axailahle from the Planning Olfice one day prior to the meeting. Please check with the Planning Oflice lor further inlormation fl!l-li7l I. Please note the new meeting place at the Marsac School, soulh entrance. Elwell filing for in Utah Former Marsac Elementary Elemen-tary School Principal John Elwell may still have his day in court. Elwell served as principal of the school from September Septem-ber 1972 until June 1977, at which time the Park City School Board refused to renew his contract, charging him with misconduct and insubordination. in-subordination. Elwell and attorney Kathryn Collard then filed suit against the school board and district superintendent Richard Goodworth, arguing that his civil and due process rights had been violated. When Third District Court Judge Dean Conder ruled that the board had been fair and impartial in its determination, deter-mination, Elwell appealed the decision to the Utah Supreme Court. On Feb. 19, 1981, the Supreme Court ruled 4-1 in favor of the lower court's decision. On the surface, that ruling appeared to be the J'inalblow for Elwell. But attached to the three-page three-page majority opinion by Justice J. Allan Crockett was a powerful 10-page dissenting opinion from Chief Justice Richard Maughn. So persuasive was Maughn's argument against the decision of his colleagues, that a week later Justice Daniel Stewart reversed his decision. Although the Supreme Court decision stands at 3-2 in favor of the school board, attorney Collard said Justice Stewart's change of heart has offered a ray of hope. She currently is working on a motion requesting a rehearing before the Utah Supreme Court, and expects that it will be filed by March 25. "I think our chances are pretty good that we will get a rehearing," said Collard. "There are a lot of cases where there's a 3-2 decision Pair found guilty of Park City resident Anne-Clafkand Anne-Clafkand Jormer- resident . Allan Savage were found guilty Tuesday of aggravated aggra-vated arson in the 1979 fire that gutted Clark's Norfolk Avenue home. Assistant Summit County Attorney Terry Christiansen said the jury deliberated for over two-and-a-half hours before finding the pair guilty. guil-ty. The district court trial before Judge Peter Leary began Wednesday, March 4 and continued through Friday. Fri-day. But a juror contracted chicken pox over the weekend week-end and the trial was not IPqpMq More than $1,000 worth of tools were reported stolen recently from the Saddle Ridge condominiums. According Ac-cording to police, one of the construction site workers discovered the storage area where the tools were kept had been broken into, and notified the police March 14. Robert Bischoff of Park City reported the theft of a pair of skis and ski boots mm VMM 4 Red, White and Blue Fresh for Spring Supreme Court and you wouldn't ask for reconsideration. But that was the longest dissenting opinion from the Supreme Court I've seen, and it showed that Justice Maughn was willing to take on the hard questions. Justice Stewart changed his opinion, and if it takes a motion of reconsideration to pique the interest of the rest of the justices, then that's what we'll do." In his dissent, Justice Maughn said the Park City School Board failed to give Elwell written basis for their decision not to renew his contract, as is required by state statute. Although a letter let-ter dated June 4, 1977, signed by board president Gary Boyle, outlined seven reasons why Elwell was being terminated, Boyle later testified that the letter had been composed by Goodworth, and that it never was presented to the board for review or ratification. . "Because Mr. Elwell was denied his statutory right to that procedural safeguard and his constitutionally protected right to due process and a fair hearing, I cannot agree with the majority nor join in this emasculation of the statutory statu-tory requirement," wrote Maughn. Maughn said that an appropriate ap-propriate review by the justices of the charges of the June 4th letter "would require the decision of the school board be overturned, and (Elwell) be reinstated" as principal of the school. "The majority's failure to undertake any substantive review of this decision, while accepting the letter of June 4th as the board s findings of fact, results in what I believe is a critical emasculation of the Utah Orderly Termination Ter-mination Procedures Act and the perpetration of an injustice," in-justice," Maughn concluded. resumed until this past Monday.- " - .-... -.- . - The fire apparently began about 1 a.m. on May 19, 1979 in Clark's home at 1049 Norfolk Avenue. According to firemen on the scene, it began in the basement, and because of the nature of the fire, arson specialists were called in to investigate. Christiansen said Park City Fire Chief Paul Kofford testified for the prosecution at the trial, and told the jurors that water did not douse the flames, but rather pushed them. He also testified testi-fied that there was a strong odor of gasoline in the Mepait valued at $540 from the garage of his Crescent Ridge condominium March 14. The skis were secured inside a locker when they were stolen. New Jersey resident Susan Aldrich reported the theft of a Canon camera and a lens worth $400, and $300 in traveler's checks from her room at the Star Hotel March 9. Ms. Aldrich said The Newspaper Thursday, rehearing - ft- J Jl - ' . , -..v - 'x , ' i . , ' : ) . ' ' ' ' V - i mi in i r iirm nun rti f " , ' J ,,.,,. John Last week, Elwell told The Newspaper, "I am very excited ex-cited and feel confident of an ultimate victory. I am innocent, in-nocent, and this whole thing is a farce. Battling down educators because they voice their opinions on educational educ-ational issues in Utah has got to stop. The schools should be free of political pressures of special interest groups." Elwell said he currently is teaching part-time as a reading specialist near his home in Southern California. Jobs are difficult to come by, he said, because of the black arson basement. - , -Two arson specialists also' took the witness stand state arson investigator Lynn Borg, and independent investigator inves-tigator Carl Joffs. Both said that they eliminated all accidental causes for the fire, and that in their opinion, it was caused by a petroleum-based substance whose vapors were ignited by a pilot light in a nearby furnace, CIark,"who was represented represent-ed by attorney Sumner Hatch, told the jury that both she and Savage were in the basement when the fire started, and intimated she she was skiing for the day, and when she returned, she discovered her door unlocked unlock-ed and the camera and checks gone. She told police she was unsure if the room was locked when she left. A screen in an upstairs window was slashed to gain entrance to a Park Avenue condominium March 14, and a robber took off with $40.") in cash. The thelt was reported by David Kaysban. A Houston, Texas man told the police that a pair of rental skis was stolen from the plaza at the Resort Feb. 22, and now he has to pay the $116 to replace them. Joseph Ramsey said he rented the skis from Jan's sporting goods shop. He left them unlocked at the resort, and when he found them missing, he assumed they were taken by mistake. When they later had not been returned to Jan's, he was asked to pay for the Fischer skis and bindings. A purse was stolen from a car belonging to John Ellerbeck of Logan March 3. The passenger's window had been broken in the 1971 BMW to reach the purse, which later was found by police discarded on Guardsman March 19, 1981 Page A5 Klwell mark on his record "This whole thing has unbelievably disrupted my life, but I feel hopeful for the eventual outcome out-come Should the Utah Supreme Court dismiss the motion for ,., reconsideration, Collard said she will attempt to have the case heard in the U.S. Supreme Court. "This case raises sonic interesting in-teresting questions and issues." Collard said. "I think our chances are fairly good thai it would be heard in the U.S. court." thought it W35XTOKtl55bcCf. turn a ce-y ' km f t?M gu both defendants were burned on the ankles, and Savage was singed on the left w rist. Christiansen called 10 witnesses, wit-nesses, while the defense called only Clark to the stand. Representing Savage was Ronald Yengich, who did not call his client for testimony. , Christiansen said'' sentencing- is scheduled for April 20. The maximum penalty for aggravated ar- 5 son, a second degree felony, jjj is a $10,000 fine and up to 15 5 years in the state peniten- S tiary. Pass. The $20 in the purse was missing. -Park City resident Jim Doilnev reported that a steel post fence worth $100 was torn down in the Sunnyside Up subdivision in Deer Valley March 5. Doilnev said he recently put the fence up to designate a legal lot boundary. One property owner in the subdivision apparently had disrupted the boundary line, although he denied knowledge of the disassembled fence. A hit and run driver caused $2,000 in damages to a 1978 Jeep Wagoneer owned by Jon Manwaring of Park City. The car was . struck while it was parked on Hwy. 224 March 12. ,;r Peoa resident Edrnundo Zavola told police he was struck with a piece of wood on March 11 by one of three men w ho drove up to him at the Aspengrove condominiums condo-miniums in Deer Valley. Zavola said be was waiting for the night watchman to come when three men lulled up in a light blue Mustang. Although the police report neglects to mention u here or how badly he was hurt, he apparently was treated at lie hospital in Coalville 0v (MM 2S I 33 S S i 531 Mam St. Park' City Open Daily |