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Show Page A4 Thursday, June 24, 1982 The Newspaper c THE IRISH CAMEL LTD. -1 M GM5 Serving hot Mexican dishes, juicy burgers, and crisp salads. (Reasonably priced) Reopening for the Summer Friday, June 25th Open Nightly Electrolysis Permanent Hair Removal For Unwanted Facial and Body Hair By appointment only The End of the Rainbow 2502 Prospector Prospector Square Park City, Utah (801) 649-3971 Hours: 2 p.m. - 7 p.m. Closed Monday & Friday FlFiggOKllLglOig If you wish to be listed in our Professional Services, please call 649-9014. i dentists; The Dental Clinic Dr. Richard Barnes North Park Avenue across from Golf Course Call for appointment We're Open Daily, Evenings & Saturdays 649-6332 For emergency call 649-6786 Richard E. Randle, D.D.S., M.S. Practice limited to orthodontics. Hill Professional Building. Call collect 1-278-4681. PHYSICAL THERAPYS Charles S. Graybill, R.P.T. Monday thru Friday 10:00 a.m. -7:00 p.m. Prospector Athletic Club, Prospector Square 649-6670 Mm ATTORNEYS M J. Bruce Savage Attorney at Law Silver King State Bank Building, 1650 Park Ave., Park City, Utah 84060 649-5039 I:; CHIROPRACTIC M Cofer Chiropractic Clinic Dr. Donald A. Cofer North Park Avenue across from the golf course. Available seven days a week. Afternoon and evening hours. Call for appointment 649-1017 IMEDICAL DOCTORS;: Park City Health Center Holiday Village Shopping Mall Robert J. Evers, M.D. Family Practice Thomas L. Schwenk, M.D. Family Practice Robert T. Winn, M.D. Pediatrics t Robert W. Barnett, M.D. Family Practice Monday thru Friday, 9 a.m. to 12:30 p.m. 2 p.m. to 5 p.m. and on Saturdays 9 a.m. to Noon Office appointments and 24 hour emergency care Call 649-7640 Park City Gynecological Clinic William "Bud" Keye, M.D. Call for appointment 581-4172 If no answer 649-4329 Dr. John Gleave 160 S. 100 W. Heber City, Utah Eye Examination By Appointment Contacts & Frames Available 654-1863 Robert S. Briggs, O.D. Open daily 9:00 a.m.-5:00 p.m. The Hill Professional Building 750 East Highway 248 649-5200 :;:;:;:;:;;:'FAMILY COUNSELORS ::;;;;:: Park City Family Counseling Institute Consultation Evaluation Education Therapy for Families, Couples, Adults, Adolescents, Children Marion P. Ayers, A.C.S.W. Nancy B. Cowher, M.S.W. Hours Monday - Friday 9:00 a.m. -5:00 p.m. Evenings by Appointment (801) 649-2426 Moyne Oviatt A.C.S.W. Park City Health Center Holiday Village Shopping Mall Consultation therapy for individuals, couples, adults, adolescents. Call for appointment 649-7640 Amid objections, council gives plat approval to Westview The Westview subdivision, a single-family planned unit development south of American Ameri-can Flag in Deer Valley, came before the council last Thursday for routine plat approval. But Attorney Robert Rob-ert Felton, representing 27 American Flag homeowners, homeown-ers, told the council that he believed that Planning Commission Com-mission approval of the new subdivision had been improperly im-properly obtained. Felton recalled that the commission originally denied de-nied the project in April, and it was appealed by property owner Deer Valley Resort to the council. He claimed that, contrary to the city's Land Management Code, the commission com-mission did not furnish the council with the reasons for the denial. Yet the council referred the issue back to the commission, which reopened discussion on Westview and subsequently approved it. Felton asked for an explanation explana-tion of the directive given by the council to the commission. commis-sion. "Westview went from the appeal with no reasons given, back to the Planning Commission, and the commission, com-mission, with no new information infor-mation whatsoever, voted to reopen and pass it," said Felton. "It appears that the Planning Commission has been directed to change its decision." City Attorney Tom Clyde agreed with Felton that the appeal to the council was technically defective because be-cause it did not include written reasons for denial by the Planning Commission. For that reason, he said, the council referred the issue back to the commission, with Attorneys work to resolve dispute over fire equipment Attorneys for Park City Municipal Corp., the Park City Fire Protection District and Deer Valley Resort met Tuesday in attempts to resolve litigation over ownership own-ership of the Deer Valley firefighting equipment. City Attorney Tom Clyde said, "We are looking for ways to resolve the issue short of court trial. No great strides were made, but the door has been opened on possible areas of settlement." settle-ment." The fire district has sued Deer Valley and the city for title to the resort's two fire trucks, purchased by the city with $267,000 of the new resort's impact fees. In a petition for declaratory judgment, judg-ment, the fire district argues that Deer Valley had agreed to purchase the trucks and turn them over to the fire district, and asks the court to decide who should own the equipment. A countersuit filed by the city claims the fire district was improperly formed seven years ago because of a technicality involving a county ordinance, and cites the city's intention to pull out of the fire district and form its own fire department. The 2V2-hour meeting, Clyde said, included discussions discus-sions on a possible new financial structure for the fire district. "We are concerned that validating the status quo would not solve the district's problems," Clyde said, em- Claims, counterclaims filed on Cornice Park City developer Monty Mon-ty Gibson and architect John Carbine have filed a suit against each other in Summit Sum-mit County's Third District Court. But both sides in the dispute, which involves Carbine's Car-bine's work for the Cornice Project, predict it will be settled without going to court. Carbine filed a lien against the Cornice property on Sept. 31 of 1981, which led to a counter-claim from Gibson, Gib-son, on June 3. In his suit, Carbine asked for $40,000 in unpaid architectural ar-chitectural fees, $1,994.85 for additional services, and $10,000 in attorney's fees. Carbine worked on the project from October 1979 to August 1981. In his counterclaim, Gibson Gib-son sued for $600,000 saying that faulty plans by Carbine led to increased construction costs, delays, repair costs, and fees for new architects to completely redesign the Cornice. Gibson alleges that Carbine's Car-bine's plans did not meet either Uniform Building Code or City Building Code in such areas as building overhang, window area, elevator shaft ventilation, and electrical wiring specification. He states the plans did not have the proper detail for the contractor to bid the project, and in addition ad-dition they underrepresen-ted underrepresen-ted the materials and labor necessary for a bid. In his reply, Carbine said the Cornice's problems were created by the developer's negligence or actions. He said the attorneys for the parties would probably settle set-tle the dispute out of court, but he could not foresee when a resolution would come. In a "worst case" situation, he added it could be arbitrated by a board of his peers. phasizing that the restructuring restruc-turing proposals remain in the very preliminary stages. Attorneys for the three parties need to report back to their clients before a second meeting, Clyde said. He added that "I am not terribly encouraged." Under its current status as a fire protection district, the 90-square-mile district can levy up to four mills to fund its operations. If it should reorganize under a newer state code as a special service district, it could levy up to eight mills. The fire district's estimated esti-mated 1982-83 budget filed last month with the county clerk calls for expenditures totalling $523,000, more than double this year's actual budget of $240,000. The estimated budget would require a mill levy of 7.94 mills. However, Fire Commissioner Commis-sioner Jean Buchanan emphasized em-phasized that the new budget, bud-get, which was filed 2Vi months before the July 30 deadline required for fire districts, represented what commissioners would like to have to operate an ideal district, not what they knew was actually forthcoming. Assessed valuation in the county is some $92 million, she said, but $14 million comes off the top to provide tax revenues for the city's Redevelopment Agency. That $14 million otherwise would produce some $49,000 in tax revenues for the fire district, she claimed. The district's actual budget bud-get will be based on 84 percent collections, thus reducing re-ducing the total taxable assessed valuation to $65 million. With its four-mill limit, the fire district can expect revenues the next fiscal year of some $264,000. Budget hearings will be held in July, Buchanan said, and the estimated budget will be pared down to equal expected revenues. the directive to reconsider the legal foundation for denial. Clyde said that it appeared from the Planning Commission's Commis-sion's original motion to deny the project that it was based on "a rather impassioned im-passioned and very persuasive persua-sive presentation" made by a Dr. Carson and Peter Cole, who claimed Deer Valley Resort misrepresented the Westview project when they purchased their adjacent American Flag lots. "The Planning Commission Commis-sion members were swayed by that and the motion, although somewhat ambiguous, ambigu-ous, strongly suggested that the denial was based entirely upon the concerns raised by Dr. Carson and Mr. Cole, which in my opinion, are matters to be presented to the court in a civil action," said Clyde. Clyde told Felton that on the night of the commission's reversal, a properly advertised adver-tised closed session was held, at which litigation strategy was discussed, since "we had been threatened threat-ened with litigation from anyone who had ever walked through the Westview subdivision." subdi-vision." Clyde said he advised the commission to reopen the issue if there were legitimate planning concerns about the project, and to clearly state to the developer what Land Management Code sections, if any, were violated. Clyde said that a motion to recall was made in open session, and a full hearing was held on Westview. "The commission concluded that the subdivision, although not one they were fond of, did strictly comply with the terms of the ordinance and they felt constrained to vote approval," said Clyde. "There was no directive from the City Council to change their vote, merely to reconsider it in light of the concerns that were raised." Clyde said it was his opinion, and his advice to the council that Westview was approved by the commission properly, and that it appeared appear-ed on the agenda last Thursday as a routine plat approval, and not an appeal. "All persons who were interested and concerned in Westview had more than ample opportunity to express ex-press their concerns, and the concerns Mr. Felton's clients are raising regarding representations repre-sentations that may or may not have been made by Deer Valley are concerns that are between those parties and do not affect the city," concluded con-cluded Clyde. Councilmen Tom Shellen-berger Shellen-berger and Bob Wells abstained ab-stained from the motion to give subdivision plat approval ap-proval for the Westview project. Helen Alvarez, Bill Coleman and Tina Lewis voted for plat approval. How the City Council MMD Thursday, June 17 MOTIONS Alvarez v: i Jbi Lewis Coleman Shelk-iiberer E8-"- - J Wells Adopt annual implementation implementa-tion program for City Redevelopment Re-development Agency Approve subdivision plat for Westview PUD Deny appeal of Kimball Art Center of open container law for Arts Festival Approve request for city services for Arts Festival Postpone revision of Land Management Code for uses within zones Table adoption of ordinance establishing beer and liquor control licenses Postpone resolution concerning con-cerning fire protection in Park City yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes abstain yes yes yes yes yes yes abstain yes yes yes yes yes |