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Show Page A2 Thursday, August 16, 1990 Park Record Supreme Court says no to Coalition Continued from A1 the Park City Council for consideration considera-tion and possibly become a ballot item. But the recorder determined that, for various reasons, 171 signatures were not valid, leaving the petition drive short by 25 names. Sheldon rejected 101 signatures because they were signed by voters who were no longer registered in the district in which they lived; 27 names were dropped because they were listed on petitions that Sheldon said were submitted to the city without cover sheets; two names were illegible; 15 were listed twice; 16 were signed by people who didn't live in the city; eight had no verifiable street addresses; and two were withdrawn. Now that the Supreme Court has ruled in her favor, Sheldon said, "I'm just really pleased, because all along I felt I was doing the right thing." The Coalition took issue with the recorder's rejection of the names signed by people who listed addresses ad-dresses other than the address they were registered to vote in, such as their business address. Coalition attorney Bruce Shapiro told the Supreme Court during the Aug. 13 hearings that instructions on how to sign the petitions did not clarify that signatories had to list their voting residence. "We made the argument to the court that the circulation sheet only asked for people to sign their residence, not their voting residence or the principle residence," Shapiro told the Record. Justice Michael Zimmerman had queried the attorneys on the issue of the residences of the signers, citing a hypothetical situation that could arise if a person moved from his or her residence between the time he or she signed the petition and the time it was filed with the city for cer Corps begins wetland study in basin Continued from A1 dated wider irrigation ditches through the Silver Springs area above his property. "Those ditches are a lot wider than they used to be, and there will be water lost to those of us who are downstream." Brooks Carter of the Utah Army Corps office confirmed that the ditches dit-ches are wider than they used to be, but gave no explanation. Wallin went on to say that some areas of the ditch -line have become "a dumping area". because of their, size, and he has to personally clean them to get a good flow of water. Basin resident Amanda Peterson, a vocal advocate of environmentally sound growth throughout the area, applauded the Corps' efforts to identify iden-tify wetlands. As a former member of a Snyderville Basin citizens advisory ad-visory committee on wetlands, she said it was "unfortunate" that others who attended the Tuesday meeting had not been able to take part in the advisory committee meetings to develop a greater understanding of the wetlands issue. "I feel the study is a very valuable activity in this basin," said Peterson. Peter-son. "I think it should be a product, when completed, that is used in the planning process. I think it will help protect large land owners from disappointments and upsets, and it will assist in protecting the quality of water.. .and wildlife." Echo residents sue county Continued from A1 Cattelan's daughter Jane, and her husband Richard, four years ago built a home across the street from where Utelite relocated to two years ago. "I don't mind him having a business, but to have it right across the street from my house is wrong," she said. The Harpers contend Utelite creates an excessive amount of dust in the usually windy, canyon area. It also creates an enormous amount of noise which is escalated because of the echo in the canyon that the town gets its name from. Moreover, Cattelan and the Harpers are mad because they say they never had a chance to voice their opinion on the subject before Utelite was allowed to relocate in their town. "Hell, I never would have been in favor of this if I would have known," said Cattelan. He says there is a better location five miles up the canyon called Emery. A switching track is located there, there are no homes and there is water, which is a luxury Utelite STAFF tification. Said Shapiro, "We are arguing that at the time the city recorder got the petition sheets she could not make the determination whether a person was a registered voter. Based Bas-ed upon what address is on the petition, peti-tion, she can't make the assumption that that person is not a registered voter." Shapiro said the address issue could be clarified if the Utah Legislature would require that signers write their voting address on petitions. Sheldon maintained that instructions instruc-tions on the petitions clearly stated that signers put their residential address. ad-dress. She told the Record she rejected re-jected some of the signatures because signers listed addresses different dif-ferent from their voting address. "That is why I felt they were registered incorrectly," Sheldon said. "I would have no way of knowing know-ing if they were registered unless I went through all six voting districts in the city to check for their name." That kind of checking is difficult for Sheldon to do because the city doesn't have computers capable of listing registered voters, although the county recorder does. Instead, she receives a computer printout from the county clerk listing the city's voters in each district. Even though it is difficult for the city recorder to quickly search for a person's name on voter registration rolls, Shapiro felt it was wrong for Sheldon to make a unilateral decision deci-sion to disqualify the signatures she couldn't verify. "She (Sheldon) can't rely on what addresses people wrote on the petition," said Shapiro, "because she didn't look at the whole roll." Although the Summit County Clerk's actions are now in question with the high court's recent ruling, clerk Doug Geary had come to the 'A couple of years ago we didn't know there were any wetlands there.' Mike Milner developer Admitting that she was a "very small land owner," she said she had lived in the Park City area for 20 years. "I think the Snyderville Basin is a very fragile place, and I hope this information can go forward and be put to use." The Corps also heard from hopeful Snyderville Basin developer Mike Milner, who is a partner in a firm that owns 220 basin acres that are as yet undeveloped. Milner's partners, who include local realtor Jim Lewis, had the property pro-perty mapped by a firm last spring which found that 50 percent of the land was dry, and 50 percent could be classified as wetlands. Milner said most of the possible wetland areas were of "low value to has been going without because the town has been unwilling to part with their drinking water for a commercial commer-cial operation. The residents also say the land Utelite is located on is zoned for rural residential and not for a commercial com-mercial operation, which compounds com-pounds the county's negligence in allowing the project to go through. Assistant County Attorney Franklin Andersen says that it has nothing to do with zoning because the operation is located on railroad property and it is simply a matter of permitted use. "It's been a railroad loading yard for 100 years," he said. Cattelan, who has lived in Echo for 45 years, says that Andersen doesn't know what he's talking about. "The railroad used to load coal here but they shut down that operation in 1956," said Cattelan, "and the zoning ordinance was changed in 1970." He said railroad housing was located in that area, and at one time there were 14 railroad homes on that side of the street. Now there are three. "Everytime someone moved out the Publisher Andyiernrterd fdhor TeriOfr Suftwritan Sena Taylor, Kathy McCarthy ton Georj, Robin Porter, lackForMu Photography tjkJdarboom David Schuta ConMbutintwrlKn Tom Clyde Kriftcn Roger Office manager Sunn Davit ClrculabVn manager Susan Davit ClaaafAadmanafer Lori Clark-trlcbon Sale, Jiiactor Pamela Halntworth AdvertMnf, (ah Tomleett RhAan Honeywel Graphic! Yvonne Thompwn rraoVrttoii k.K. Hootland Dtaribatloii KetlhLeany Cartoond I.P.Ma support of the Coalition last month. In an affidavit to the Supreme Court, Geary wrote, "It has been my practice not to disqualify petition signatures upon conflict between the petition address and the voter registration address.. ..When I check petition signatures, I review the official of-ficial list of registered voters to see if the name appears thereon. If the signatory on the petition is found to be a registered voter in Summit County, I certify the signature." During the Monday hearings, the court didn't discuss the issue of the signatures that weren't attached to a cover sheet, and therefore rejected by Sheldon. Two Coalition members had sworn that all petitions were attached at-tached to cover sheets when they" were delivered to the city last June. Shapiro said if Sheldon were to change her position on the unattached unattach-ed petition sheets and accept those names, 18 valid signatures could be added to the necessary 313, closing the gap on the Coalition's 25-name shortage. Coalition members will discuss at an Aug. 20 workshop whether to continue con-tinue with efforts to put an initiative on the ballot, which likely would not be until 1991. They will also consider recommending to the Utah Legislature that the wording on petitions peti-tions be clarified, to avoid similar situations in the future. The fall general election will be held Nov. 6. Had the petitions borne enough valid signatures to become an initiative, the measure regarding property transactions would have gone before the city council for consideration. con-sideration. The council would have had 30 days to either accept the measure and make it city policy, or rejected it, thereby sending it on to the ballot for public vote. By state law, a ballot initiative has to be filed with the state 90 days before the general election. marginal" classification. "If that is the case," he told the Corps, "we would like whatever flexibility we could get" to develop it. "A couple of years ago we didn't know there were any wetlands there," he said, describing his firm's investment in the land two years ago as "our retirement, our IRAs." "Everything we have invested in these ranches basically is our savings." sav-ings." Audience a members were presented with a memo prepared by the Corps which stated, "Advanced identification will determine the general suitability or unsuitability of selected areas for the future disposal of dredged or fill material and will shorten permit processing time should the Corps receive a Section Sec-tion 404 permit application to perform per-form such work at some later date." Section 404 is part of the federal Clean Water Act. "Any placement of fill material into any waters of the United States, whether identified as suitable, unsuitable, or not identified, iden-tified, will still require a general or individual permit from the Corps." Persons wishing to comment on the study may do so by contacting the Army Corps of Engineers at 1403. S. 600 West, Suite A, Bountiful, UT 84010; or the EPA at 999 18th St. Suite 500, Denver, CO, 80202-2405, to the attention of 8WM-SP. railroad would tear down the house so they wouldn't have the taxes," he said. Two of the present houses are occupied and the other is vacant. The occupants of the vacant house may have moved because of the noise and dust from Utelite, he says. Cattelan is making a case against the operation. He has maps that go back to the turn of the century, and he keeps a log of everything that goes on at Utelite. "This month they have loaded 19 100-ton carloads in 13 days," he says, checking his log book. The five Echo residents have spent about $1,000 each to fight this, according to Cattelan. "We just didn't know what our rights were," he said, "I guess they figured Echo was nothing so what the hell." His daughter confirms this opinion. "The county has turned a deaf ear to us. They are more in favor of a corporation cor-poration than to the residents in Echo," she said. The county attorney's office told the Record they will file an answer to the complaint on Aug. 16. The Park Record (USPS 0037-8730) Is published weekly by the Diversified Suburban Newspapers, 1670 Bonaia Dr., Park City UT. second-class postage in Park City, UT. POSTMASTER: Send address changes to The Park Record, Box 3688, Park City, UT 84060. Entered as second-class matter, May 25, 1977, at the post office in Park City, UT 84060, under the Act of March 3, 1897. Subscription rates are: 12ln-side 12ln-side Summit County, $23outslde Summit County, UT. Published every Thursday. me VJay We Were rr, 4 "Tin Lizzies" During the boom period of the 1920s automobiles appeared on the streets of Park City in ever-increasing numbers. W.D. Sutton built the Park Garage on lower Main Street to handle the Ford dealership he purchased. The cars were shipped into town in railroad boxcars. One story is told of a single car that was received with both ends badly mashed because the brakes were released and it rolled back and forth in the boxcar during its cross country ride. With the affordable Model T nearly everyone who wanted to drive, could, and the chugging and wheezing became familiar sounds on Park City streets. County planners delay ruling Continued from A1 tion that the 1978 master plan is the one that is in effect on this issue. That assertion said Peterson is false. Felton, however, told the Record in an earlier interview that Peterson is the one who is in error. After the August 2, neighborhood meeting he said, "I watched him Peterson tell people things at this meeting that Busy summer for 3rd Circuit Court Third Circuit Judge Maurice D. Jones handed down five sentences during court hearings July 25. William J. Ferris, 22, of 5380 Old Ranch Road, Park City, was charged charg-ed with driving under the influence of alcohol and disorderly conduct. The charge of driving under the influence in-fluence was amended by Judge Jones to reckless, alcohol-related driving, of which Ferris was found guilty. He was also found guilty of disorderly conduct and ordered to pay fines and fees totaling $750. A 60-day jail sentence was suspended and Ferris volunteered to complete 48 hours of community service. Gary Ray Marshall, 24, of Salt Lake City was found guilty of driving driv-ing with a suspended driver's license and a charge of warrant of arrest fee was dismissed. Judge Jones ordered Marshall to pay fines and fees of $400 of which $250 were suspended. Steve M. Rezendes, 34, of Park City, Ci-ty, is charged with dogs attacking persons or animals, dogs running at large and warrant of arrest fee. He failed to appear for his court appointment. ap-pointment. Judge Jones ordered that a bench warrant be issued. Benny Sphar, 30, of Prospector 229, Park City, was found guilty of failure to display headlights and vehicle emission of excessiveunusual ex-cessiveunusual noisessmoke. Judge Jones ordered him to pay fines and fees of $100 and provide proof to the court that his vehicle is checked by the police department. Leonard W. Rosenbloom, 60, of 2625 Telemark Dr., Park City, was charged with battery and a warrant of arrest fee. The charge of battery was amended to disorderly conduct, of which he was found guilty. He was also found guilty of warrant of arrest fee and a 10-day jail sentence was suspended on the condition that he complete Valley Mental Health classes and pay fines and fees totaling total-ing $160. On Aug. 1, Judge Jones handed down 19 sentences. Tristina Villiard, 23, of Sandy, was found guilty of drinking and drunkenness in public and a second charge of disorderly conduct was dismissed. She was ordered to pay fines and fees of $75. Eric J. Poole, 25, of Park City was charged with dogs running at large and dogs attacking sheep. He was found guilty of both, and ordered to pay $75 In fines and fees. Dean Lee Notbohm, 28, of Salt Lake City, charged with drinking and drunkenness in public and warrant war-rant of arrest fee, was found guilty of the first charge. The warrant of arrest fee was dismissed and Judge Jones ordered Notbohm to pay fines and fees of $55. Randy Andreason, 19, of Spr-ingville, Spr-ingville, was found guilty of improper im-proper passing. Two charges, one of having no motorcycle license and A fl r m TV were inaccurate and false. He was uneducated on the matter." Commissioner Larry Shafkind said "it seems to me that we're looking look-ing into some serious legal questions," ques-tions," and moved to postpone the meeting for two weeks so the county attorney could answer the question of whether or not this property is grandfathered. Commission Chairwomen Chair-women Susan Glasmann said the commission will have to look at the Court giving a false name or address to law enforcement officers were dismissed. Judge Jones ordered Andreason An-dreason to pay fines and fees totaling total-ing $95. Robert A. Ellertson, 26, of Salt Lake City, was found guilty of drinking drink-ing and drunkenness in public and a second charge of disorderly conduct was dismissed. He was ordered to pay fines and fees of $75. Elizabeth Held, 37, of 253 Wood-side, Wood-side, Park City, was found guilty of hav'ng registration expired plates. A second charge of driving with a suspended license was dismissed. Judge Jones ordered her to pay fines and fees totaling $35. Christy L. Dusenbery, 37, of Salt Lake City, was found guilty of driving driv-ing under the influence and ordered to pay fines and fees totaling $600. Judge Jones also suspended 58 days of a 60-day jail sentence contingent on completing 48 hours of community communi-ty service. Jed V. Brooks, 21, of Salt Lake City Ci-ty was found guilty of driving under the influence. He was ordered to pay fines and fees of $750 and serve 55 days in the Summit County Jail due to a violation of probation. Stafford G. Glaus, 35, of Midway, found guilty of reckless alcohol-related alcohol-related driving after a charge of driving under the influence was amended to the lesser charge. Judge Jones ordered him to pay fines and fees of $750 and to successfully complete com-plete an alcohol program. Fifty days of a 60-day jail sentence were suspended and Glaus will complete 80 hours of community service. Anthony V. Bradshaw, 19, of Salt Lake City, was found guilty of driving driv-ing with a suspended drivers license. Judge Jones ordered him to pay a fine of $200, of which $100 was suspended. Thomas J. Tobias, 27, of Salt Lake City was found guilty of possession of drug paraphernalia. A second charge of possession of marijuana, a controlled substance was dismissed. He was ordered to pay fines and fees totaling $250 and a five day jail sentence was suspended. John. W. Whitely, 35, of Park City was found guilty of dogs running at large and warrant of arrest fee. A third charge of no dog license tag was dismissed. Judge Jones ordered him to pay fines and fees of $110 and a five day jail sentence was suspended. suspend-ed. Michael A. Hansen, 33, of Salt Lake City is charged with drinking and drunkenness in public and a warrant of arrest fee. Judge Jones ordered that a bench warrant be issued for failing to appear In court. ' . k I V L't . v. !ft l.vJ MT"' y"wmtZ - - i '" 1 X Photo courtesy Park City Museum project from a different perspective if that assertion is correct. Anderson told the Record that certain cer-tain areas did indeed receive a "statement of intent" in 1985 when the Snyderville Basin Development Code came into effect. "What they intended to do was grandfather the areas so they could be developed as they had been planned," he said. Whether or not these lots fall into this category is unknown at this time. News Mark T. Wingf ield, 20, of 1328 Park Ave., Park City, was found guilty of disturbing the peace. He was ordered to pay fines and fees totaling total-ing $150 and a five day jail sentence was suspended. Jeremy D. Miller, 21, of Midvale, was found guilty of disturbing the peace. He was ordered to pay fines and fees of $100 and a five day jail sentence was suspended. Matthew C. Hogle, 19, of 2206 Corn-stock, Corn-stock, Park City, was found guilty of possession and consumption of alcohol by a minor. He was ordered to pay fines and fees of $100 and a five day jail sentence was suspended. suspend-ed. Chet A. Nipko, 23, of Midvale, charged with driving with a suspended license and warrant of arrest ar-rest fee, was found guilty of both. He was ordered to pay fines and fees of $160. Michael A. Heintz, 31, of 1064 Park Ave., Park City, was found guilty of driving with a suspended license and improper registration. Judge Jones ordered him to pay fines and fees totaling $300, of which $200 was suspended. On Aug. 8, Judge Jones handed down five sentences. Brett Leon Davis, 42, of Salem, Utah, charged with disturbing the peace and public intoxication, was found guilty of public intoxication. The charge of disturbing the peace was dismissed. Judge Jones ordered Davis to pay fines and fees of $110 and a five day jail sentence was suspended on the condition that he complete alcohol counseling classes. Dan W. Schwab, 28, of Sandy, was found guilty of attempted theft. He was ordered to pay fines and fees totaling $187 and a seven day jail sentence was suspended. Bob E. Wilson, 28, of Payson, charged with disturbing the-peace and public intoxication was found guilty. He was ordered to pay fines and fees of $110 and a five day jail sentence was suspended on the condition con-dition that he complete alcohol counseling education classes. Scott T. Rogers, 21, of Salt Lake City was found guilty of public intoxication intox-ication and disorderly conduct. Judge Jones ordered him to pay fines and fees totaling $160 and to show proof at restitution of window replacement. Matthew C. Hogle, 19, of 2206 Corn-stock Corn-stock Drive, Park City, was found guilty of possession and consumption consump-tion of alcohol by a minor. He was ordered to pay fines and fees totaling total-ing $200 and a five day jail sentence was suspended. V. |