Garden City Sign Ordinance

Anita Weston, Reporter

Rich Civic Times

GARDEN CITY, Utah.  September 11, 2014.  The updating of an ordinance definition for conditional use was sent to the Council from the Planning and Zoning Committee   After reading the definition several times, a couple of wording changes were made, and the new definition was accepted as changed..

The sign ordinance was discussed in Planning and Zoning.  The committee indicated to the Council that some changes need to be made, but they were having difficulty getting a handle on this ordinance.  They discussed the idea of having pictures taken of various types of signs that could be placed in the ordinance as examples of each section of the ordinance.  Next to the picture could be a short summary of sizes, safety, designs, limits and so forth.  The Council thought this was a good idea and asked Bruce Warner, Council Member, to introduce this idea to the members of the local Chamber of Commerce and get input from the various businessmen who belong to the Chamber.

Bruce Warner introduced some suggestions concerning changes in the business license ordinance.  He thought there should be one main business license where the City Council could impose any unusual or different requirements on the license. Anything dealing with land use needed to go to Planning and Zoning prior to coming to the Council.  After some discussion, it was decided that the Council should be given the opportunity to approve the license as they have always done.  They also liked the idea of being able to personalize licenses by giving unusual or different requirements depending on the application.   It also gives the council members an opportunity to meet the individuals and become aware of what businesses are entering the town.

Warner felt the transient business license is good, but that the City needs to be careful to make sure those coming in will follow what they had originally presented to the Council as their business plan.  It was suggested that the individuals get a completed credit check and attach it as part of the transient license application.  The Council approved this requirement. 

The Muddled Male

Hearing Things

By Bob Stevens, The Muddled Male

        You may remember that early in my career of writing the Muddled Male column I asked the rhetorical question, “Has any other husband besides me noticed that as you get older your wife speaks more softly?”  And then I mentioned that when Ann, my wife, and I were first married she would say things like, “PLEASE PASS THE SALT” and say it crisply and at a volume sufficient to be heard above any distraction.  Of course Ann claimed that I heard every word then because we were newly married and I was still listening.  But now that I am older and less attentive I notice that she is more likely to say things like, “pzlf tig zllfgt.”  When I respond with, “Huh,” she increases the volume only slightly and when she repeats herself it sounds something like, “Place putt the mutt.”  Even an inattentive husband knows that a statement like that doesn’t make sense and won’t be what she is going to claim she said during our ensuing argument.  So I normally just respond with, “Mmmm,” which doesn’t mean anything but leaves her thinking that I was listening and heard, but need time to ponder an appropriate response.

        Because Ann believes that I am in need of hearing aids she does speak a little louder now, but it doesn’t seem to have improved my ability to hear her, which is what I think her intention is in the first place.  And here is why I think that proving me deaf is her plan.  Ann will say, “BOB.”  Of course I hear that clearly because she says it with the same volume and crispness that she used when she said, “PLEASE PASS THE SALT,” early in our marriage.  And so I respond in my usual loving, obedient manner, “Yes, my love?  My purpose in life is to do what you ask.”  And then she turns and walks to the other end of the house, through our bedroom, through the master bath, and into our walk-in closet where she stands between two heavy pieces of hanging clothing and says, “pzlf tig zllfgt.”  And I say, “Huh.”  And she comes out into the room where I am standing and says, “YOU NEED HEARING AIDS.”

        Since I seemed to be losing the argument anyway, I finally gave in this past week and decided to arrange for a hearing test just to prove that our communication problem is not my hearing, it is her speaking.  And so I checked with my friend Erv who gave me the name of his favorite Audiologist, and I went.  We arrived at the appropriate time and the attentive receptionist ushered us to the “testing room” which contained a chair for Ann who came to make certain that the Audiologist came up with the answer she wanted to hear, a chair and control panel for the Audiologist, and an enclosed cubical for me.  The cubical was lined with black acoustic material that was used primarily to keep me from hearing Ann as she told the pleasant young man conducting the test what to write on my final report.  The test conductor fitted me with a set of earphones, handed me a button to push each time I heard a tone, closed the door of the cubicle, sat at the control console, and began the test.  Once the test was completed he sent us to his office to wait until he finished plotting the test results onto a nice graph which he felt would be needed to help explain the test results to an engineer.

        I knew that something was up when he came into his office, walked over to my side, cupped his hands around his mouth like a megaphone, and yelled directly into my ear, “YOU NEED HEARING AIDS.”  And then he showed me the results.  The test was done with tones played at different volumes from the low-to-high frequencies of 250, 500 1,000, 2,000, 3,000, 4,000, 6,000, and 8,000 hertz (also known as cycles/second).  The only part of the test where my hearing fell in the Normal Hearing, No Amplification Necessary range were the 250 and 500 hertz low-tone levels, which might explain why I can sing bass but not soprano.  The only part of my hearing that fell in the Mild Hearing Loss, Amplification Necessary for Speech Understanding range was 1,000 hertz.  The rest of my hearing fell in ranges that were expected to cause Moderate Personality Change or feelings of Moderately Severe or Severe Isolation.  The highest frequency range of 8,000 hertz was barely above the Profound Hearing Loss range, which meant that for me to hear that frequency would require the volume to be cranked up to a level equivalent to a running power mower.

        I expected Ann to show me some sympathy, but instead she just did the fist-pump gesture used by athletes to signify a win, and then yelled, “YES,” which I heard even without hearing aids.  Now all I have left is to decide between the hearing aids that are expensive, really expensive, or available only to the filthy rich.  If you wish to speak to me during the interim you will need to make certain that your hands are cupped around your mouth like a megaphone and then yell, “PLEASE PASS THE SALT” directly into my ear.  Either that or speak in tones between the range of 250 and 500 Hertz.  And if you hear muttering it will be me saying, “Yes Ann, you are right …. I am deaf.

First Frost

Photo by Tammy Calder
 

Herald Journal: Garden City Wins On Beach Access Through Subdivision

GARDEN CITY, Utah In an interview this week with Garden City Mayor John Spuhler, RCTonline asked him about his feelings on the outcome of the lawsuit. Spuhler said that he was pleased that the Judge made that ruling which is what the city attorney and others had believed to be correct.  He also said that the beach access was needed and wanted by visitors to Bear Lake.

Spuhler said that the access would be pedestrian only, no motorized vehicles and that the city would work with adjacent property owners if there were any problems.  He also noted that there is a Garden City shuttle bus which will take people to the beach accesses.

Amy Macavinta, Reporter Herald Journal, 
Reprinted with permission

LOGAN, Utah.  September 10, 2014. A lawsuit challenging public access to a segment of Bear Lake’s west beach was dismissed by a 1st District Court judge this week.

In June, the Shore Lodge Estates Homeowners Association filed a lawsuit against the Town of Garden City and its mayor, John Spuhler. In the formal complaint filed in court, homeowners say each of the seven driveways providing access to their homes have always been and were always intended to be private.

Attorney Daniel Dansie maintains that the developers of the Shore Lodge Estates never intended for these properties to be anything but private homes with private access to the beach area.

However, the city argued there is nothing in either the amended or the original plat to indicate that the streets are not intended for public use.

“The fact of the matter is, those are public accesses,” Spuhler said. “We tried to work with them before they filed the suit, but they sued us, and the judge made the proper ruling. … They are now open, and we are glad that the judge ruled as he did. I’m glad the public has six more accesses.”

After hearing arguments from both sides, Judge Thomas L. Willmore dismissed the case entirely on multiple counts.

Primarily, Willmore ruled that neither the homeowners’ association nor the individual landowners have demonstrated that they have the standing to seek relief in this matter “because the individual lot owners do not have an ownership interest in the streets and have no legal right to control them.”

Additionally, Willmore ruled that Shore Lodge Estate HOA also has no ownership in either the streets or the individual lots and no covenants, restrictions or easements have been recorded against the individual lots.

Homeowners living in this subdivision say opening up access to the beach through their properties will subject them to littering, trespassing, vandalism and property damage, but the attorney representing Garden City said such claims are merely speculative.

Willmore agreed and concluded that the HOA had not demonstrated how its members would be adversely affected — therefore relief cannot be granted.

Shore Lodge Estates had also accused the town of illegally removing the gates that have been in place for decades. However, the courts were unable to address that claim because the gates were individually owned by the property owners, not collectively owned by the association and its residents.

———

amacavinta@hjnews.com

Upcoming!

Bear Lake Visitors and Convention Bureau Posts Upcoming events

Don Edwards Concert

September 17, 2014 7:00 pm - 10:30 pm

On this special Wednesday event, we welcome one of the legendary singers in all of the American West back for a repeat engagement at the Allinger Community Theatre. An historian, author, and musicolog...

Bear Lake Monster Cross

September 20, 2014 7:00 am - 1:00 pm

Bear Lake Monster Cross is an epic dirt road race and ride with fully supported aid stations and SAG vehicles to make your experience truly memorable. Distance options are 100 Miles and 62 Miles.

Live Music

September 20, 2014 8:00 pm - 11:30 pm

Live music performed by Third Strike at Cooper's Restaurant and Sports Bar at Bear Lake West, Fish Haven, ID. Show begins at 8:00PM. Call 208-945-2222 for more information.

Rich Rebels Take On Soda Springs

Rich Rebel JV tops Soda Springs

Rich Rebel Varsity beats Soda Springs
Photos by Tammy Calder


 

Rich Rebels



Rich Rebels vs Summit Academy
Photos by Tammy Calder



Rich Rebels lost to Summit Academy in overtime 20-21

Rich Rebels vs Westside

 

 

Rich County Sheriff's Report

Anita Weston, Reporter

Rich Civic Times

RANDOLPH, Utah.  August 2014. There were 246 incidents during the month of August.  The most frequent items are as follows:  12 agency assists, 14 animal problems, 28 citizen assists, 31 criminal histories, 23 medical emergencies, 16 traffic accidents with damage, 24 sovereign land problems, and 15 traffic hazards.

There were 113 incidents in Garden City, 51 in Laketown, 68 in Randolph, and 14 in Woodruff.

Garden City had 19 sovereign land issues, 17 citizen assists, 13 medical emergencies, 9 animal problems, 6 traffic hazards, 6 lost properties, 5 alarms, 5 agency assists, and 4 traffic violations.  There were 3 traffic accidents with damage and 2 each of the following:  civil processes, domestic disturbances, controlled substance problems, DUI Alcohol or Drug incidents, frauds, juvenile problems, and thefts.  There was one each of the following:  a welfare check, a VIN Serial number inspection, a trespass, a suspicious person/circumstance, a missing person, a lockout, a fish and game problem, a disorderly conduct, a civil dispute, an attempt to locate, an assault, and an abandoned vehicle.

Laketown had 6 citizen assists, 6 medical emergencies, 5 traffic accidents with damage, 5 sovereign land issues, 4 agency assists and 4 animal problems.  There were 3 alcohol offenses, and 3 thefts.  There were 2 lost property issues, 2 traffic accidents with injuries and 2 traffic hazards.  There was 1 each of the following:  an alarm, a disorderly conduct issue, a domestic disturbance, a juvenile problem, a missing person, property damage—not vandalism, suspicious person/circumstance, a traffic violation, and a VIN serial number inspection.

Randolph had 31 criminal histories, 6 traffic accidents with damage, 4 citizen assists, 4 medical emergencies, 3 agency assists, 3 civil processes, 3 transportation of person/property, and 2 each of the following:  citizen disputes, suspicious persons/circumstances, and traffic hazards.  There was one each of the following:  an animal problem, a DUI alcohol or drugs incident, an intoxicated person, a missing person, some property damage--not vandalism, a threat, a traffic violation, and a welfare check.

Woodruff had 5 traffic hazards, 2 traffic accidents with damage and one each of  the following:  an alarm, a citizen assist, a citizen dispute, a civil process, a DUI alcohol or drugs, a fish and game incident, and a welfare check.

Garden City had 18 traffic citations and 22 traffic violations, Laketown had 8 traffic citations and 10 traffic violations.  Randolph had 3 traffic citations and 3 traffic violations.  There were no traffic citations or violations in Woodruff.

There were 13 speeding violations, 2 minors in possession of alcohol, 2 following too close, 2 expired drivers licenses, 2 minors in possession of illegal substances, and 2 parking below the high water mark.  There were one each of the following:  A minor in possession of alcohol, an individual without a valid launch permit, an expired registration, operating a vehicle without insurance, driving under the influence, an open container/drinking alcohol, an expired driver’s license, driving while on suspension, another driving while on suspension, having possession of marijuana, having possession of drug paraphernalia, and a restricted parking/no parking incident.

Garden city had 16 traffic warnings and 18 traffic violations, Laketown had 19 traffic warnings and 20 violations, and Randolph had 1 warning and 1 violation.   The traffic warning report shows 14 motor vehicles on the beach, 11 speeding violations, 3 without valid launch permits, 2 AIS check station skips, 2 ATVs on the beach, 2 OHVs within 200 feet of the water, and a registration violation, a fire restriction violation, a fish/hunt/ trapping without a license violation, a restricted parking/no parking area, and swimming within 75 feet of a dock.

The Unmuddled Mathematician

Piffleheisenschlausenpilz

By Chris Coray, the Unmuddled Mathematician

We have dear friends here in Bear Lake, a couple who’ve lived in this country for more than 60 years.  He is 84, from Poland, she is "70 ish", and is from Germany.  They moved to Utah after WW II, raised their family, and we have been close for all the time we’ve lived near Bear Lake.  They have taught us many things and last week taught us some more.

It all started a week ago as a small army of us went into the forest to cut firewood for the widows in our ward.  This is an annual thing and we make up for our advancing years with compensatory experience.  When we came down the mountain and finished delivering the wood I casually mentioned to this dear couple a new experience I had while getting the wood.  It was mushrooms.  Lots and lots of mushrooms everywhere in the forest.  The copious moisture we received from the end of July all through August had apparently been the biological cause.

Well, the mere mention of a mushroom bonanza made this couple so excited that we were pretty much required to take them back to the forest 3 days later.  I had no idea how special this was but got a clue when we picked them up, having on our part tossed in a couple to plastic grocery store sacks which didn’t look so spiffy when compared with the elegant woven baskets in their arms.  Up the hill we went.  Jan, at 84, has seen pretty much everything, has had several recent back and neck surgeries, and takes everything in stride.  That is, until we reached the forest.  I almost drove my truck off the road when he screamed.  At least it sounded like a scream but with no danger contained in his voice, just joy.  He had merely seen a big mushroom just off the road.  I stopped, he leaped out of the truck like a teenage kid and brought back this huge (at least 8 inches across) object that sure looked like a mushroom to me.

As we drove, or when we stopped and walked in the forest, we were surrounded by zillions of mushrooms of what seemed to be countless varieties.  Would you pick up and eat a mushroom about which you knew absolutely nothing? Not me, either. That’s how I felt.  Some of these fungi will kill you.  Others are just wonderful.  Well, these two, while not knowing every type, clearly knew a bunch of the most edible and delicious.  So there we were, walking through the forest, listening to this delightful couple yelling at the top of their lungs the presence and identity of the good mushrooms, all in German.  I think I heard the words Butterpilz, Raepilz, Piffenshliffenwattenlings, Steinpilz, Rikesters, and more.  All these spellings are made up by me from the phonetics these aging ears heard.   There was also, “No, not that one”.  I would like to say I am now an expert but that would be just false.  And since my sister in law picked only poisonous ones I'm never going with her either.

We dug (more properly sliced off) the good ones, treating them as gently as ripe peaches, cleaned them, sliced them, dried them, and then put in bottles more mushrooms than I have ever touched.   Then we did it again 5 days later.  This was a once in 40 year crop, according to our experts.  I used to think all mushrooms were small but after a few 3 pound babies I gained new appreciation.  A new trick learned by an old dog.  But being with a couple with a few ailments and watching them almost bound through the forest, shrieking and dancing as they discovered and harvested a special plant from their past was more than enjoyable.  It was wonderful.

Skiing On Morning Glass

Photo by Gary McKee

Garden City Planning and Zoning Meeting

Randall Knight, Reporter

Rich Civic Times 

GARDEN CITY, Utah. September 3, 2014.  Board members present were: Jim Stone, Dewayne Gifford, Pat Argyle, Susan House and Mike Schiess. Those absent were Lance Bourne and Chuck Stocking.  Gary Cox, Garden City Administrator, was also present. 

The minutes were reviewed and recommend changes were made and accepted. 

The first topic for discussion was Ordinance #14-13 in regard to updating the Conditional Use Permit definition.  Wording proposals were discussed and agreed to and the motion was passed to accept the new changes.

The next topic discussed was #14-14 in regard to the Gross Leasable Area Definition.  The current wording states: “There shall be 10 parking spaces for the first 1,000 sq. ft. of Gross Leasable space and one for each additional 200 sq. ft.”   Motion was made to table the topic but a survey should be taken for 3-4 different categories and then look at 2-3 businesses in each category in an attempt to come to an agreement on the wording for this ordinance in regard to parking spaces. 

#15-15 was discussed next in regard to hotel/motel zones that would be acceptable and compatible with the community.   A working copy of the agreed to areas was handed out for discussion.  Several board members felt the draft copy was showing larger areas than previously discussed.  During a site survey there were four areas chosen for consideration: Gravel pit, Hodges canyon, Shundahi, and above the old raspberry field. Motion was made to table this topic plus the following agenda topics: the zoning map with rezoning changes, Hotel/motel ordinance proposal and proposed hotel/motel overlay zoning map. 

The next topic discussed was the re-zone areas from Residential Estates to Commercial 2 for Ideal Beach, and the area west of 300 W to 450 S from Commercial 2 to Commercial 3.  These topics were also tabled.

The next topic discussed was the Sign Ordinance.  Pat Argyle recommended the topic be tabled and the board do what they agreed to 3 months ago.  That was to take pictures of the different types of signs that are acceptable and include the picture in the ordinance for that specific type of business. 

Recommendations were made to have some board members attend the town council meeting to share their thoughts in regard to this ordinance.  Jim Stone stated he feels the city needs to keep the ordinance requirements to a minimum so new and old businesses will be enticed to come to Garden City instead of piling so much burden on them they are reluctant to start a new business or to stay in business.  The recommendation was approved.

Issues with short term rental were discussed.  Gary Cox stated the biggest complaint the city has received is neighbors not being able to contact a person when the renters were being too noisy.  He also stated the number of calls averaged one per week and felt that wasn’t bad at all.  George Peart, building inspector, recommended the business license fee be adjusted for the number of people the rental property can sleep.  He also recommended a commercial management company be required to be the contact person.   The topic was tabled until next month.

During the Miscellaneous portion a discussion took place in regard to the Garden City rodeo sign being taken down before the season was over.  Cox said it was taken down because they did not have a Conditional Use Permit.  Mike Schiess asked if the funding for 300 west came through.  Cox said he hadn’t heard but would check to see.  Peart pointed out that the City zoning shows Buttercup as a mobile home area.  Schiess said the CC&R was changed a few years ago to not allow mobile homes but they do allow modular homes.  Meeting adjourned at 7:40 PM.

    

September Is Childhood Awareness Month In Rich County

Childhood Cancer Awareness Month

September is Childhood Cancer Awareness Month, a time to recognize the children and families affected by childhood cancers and to emphasize the importance of supporting research on these devastating conditions. 

This month, and throughout the year, we honor the children currently battling cancer, the families who love them, the clinicians and other caregivers treating them, the survivors of childhood cancer, the children who lost their lives to childhood cancer, and the researchers working to conquer childhood cancer.

Did you know... ?

• Survival rates continue to rise... In the 1970s, only 63 percent of US children with cancer survived. Today, 85 percent do, with survival rates topping 90 percent for some childhood cancers.>>more childhood cancer statistics 
• ... but are lagging in less-developed countries.Eighty percent of cases of childhood cancer are in the developing world, where survival averages 20 percent. Only 20 percent of cases are in the developed world, where more than 80 percent survive. >>more global health statistics 
• There are more adult survivors of childhood cancer than ever before. In the U.S. alone, 350,000 adults are survivors of childhood cancer.
• Childhood cancers are rare, representing less than 1% of all new cancer diagnoses.
• The most common form of childhood cancer is leukemia (blood cell cancers), which represents about one-third of all childhood cancer diagnoses, followed by brain and central nervous system tumors. Other forms are less common.

$1000 Reward For Capture Of Water Tank Vandals

Bobbie Bicknell Coray, Reporter

Rich Civic Times

RANDOLPH, Utah. September 3, 2014.  During the last two months, vandals have killed two cows, each on different weekends, polluted a spring and shot the locks off the eight foot fence protecting a water tank up Hodges Canyon.  They shot the “No Trespassing” signs.  The shells seem to be from the same 12 gauge shotguns. Ted Wilson the owner of the property said that in one day he found 158 shells.  He has also found skeet targets and skeet shells.  The water tank has been shot at and damaged so badly that a new cement box and manhole cover had to be built, yet even then there were 15 shots fired into the new cover. There were four cameras policing the area which were taken down and destroyed and the sim cards removed.

Wilson requested a closure of the road that passes that water system into the forest.  He said that the County Sheriff and Garden City officials have been working very hard to patrol the area, and he visits the site every other day.  Still they have broken into the water system and contaminated it causing Wilson to have to drain and chlorinate it four times.  Now the spring has a new cement barrel that both Garden City and Ted Wilson paid for.  The vandals are shooting at that.  Two of the trail cams belonged to the sheriff and others to Wilson and have been replaced.  The water source is now pure again, but that water has been a pure source of water since pioneer times.  Wilson wants to lock the road at the cattle guards.

Garden City has offered a reward of $1,000 for information leading to the capture and arrest of the perpetrators.

Commissioner Bill Cox said that he was concerned and that the County Attorney would meet with the Wilsons on Friday so that their information could be presented to the State Attorney General for formal request for a road closure.  The County Commissioners will take the group to the site to show the damage to the property and the damage to the water source.  A road closure must be approved by the State.

Our Marie Turns 95



Marie Weston

 

 

Marie Pope Weston turned ninety-five on September 4, 2014.  We all love her flowers, her smile, her gracious and happy appreciation of life and people and she is indeed a Bear Lake treasure, but we thought since she said, "I don't like a lot of fuss about me", that we might share a few of the beautiful hand pieced quilts she has done in the last few years.  But since they will not copy into the RCTonline software,  you can see them on http://mpwquilts.blogspot.com/ . Go enjoy!

Snow Meadows & Kerasma To Close in October

 

Dear Friends,

It is bittersweet to announce, Inn at Snow Meadows and Kerasma Restaurant are leaving Garden City.

 

We want to make sure you hear it directly from us.

 

Yes, we are moving to Texas in October.  We are moving to Fredricksburg.  It is much like Jackson, and is not seasonal, but year round.  Many tourists visit there each year and frankly, we fell in love with it!  We found a 10 acre parcel and are excited to start a new adventure there!

 

The two most important reasons why we are leaving here are, #1, my mothers health is declining and my father is in need of our help.  She has pulmonary lung disease and is on oxygen 24/7 and just had heart meds added.  I am honored to be able to care for her and my father in their time of need.  I am also thankful that my family, is very supportive on this move.

 

#2, our family has tried our best to bring something great to this city.  The Inn and Kerasma has been visited repeatedly and often by many of you.  We thank you. Truthfully, we are tired of fighting over signage. Not with the state, but our city.  We lost a lot of business last year due to taking all signage down during the Fourth of July weekend as asked by the city. We just haven't been able to recover from it like we hoped we would. Location and signage is everything as you all know.  This little area is very difficult to make a living.  So any help given to us by several of you out there, we so appreciated it!

 

Due to financial reasons and family health issues we need to move forward and do what is best for our family. 

 

Yes, Chef Brittany will launch a new restaurant there!  She talked with several who know the area well and are thrilled that she is coming!  The business will be steady and it is a much appreciative audience from around the world.

 

Still debating the Inn idea.  There are many there already.  So this may not be a good financial move yet.  But we will entertain it if the opportunity arises.

 

Several of you have been to Fredricksburg and have told us your stories and what that place means to you.  We appreciate it very much.  We have met kind people there already who are so eager to help and see us succeed in this new adventure!

 

I can't explain it, but It just feels right.

 

We will be on a limited schedule with the Inn and restaurant.  We have several catering events this month and need to see these thru.  Plus, we have a lot to do by October.  But we will try to give you our best and would love to have you come and enjoy a meal or two before we go.  Please be patient with us.

 

We will be having an estate sale each weekend this month.  This is not your usual sale. This will include everything that the Inn and Kerasma have here.  So stop by each weekend to see what Greg has got out there and maybe it will be just what you've been looking for. Prices are firm.  All proceeds will go to help us move and get started there.  Hopefully, a good buyer will come along soon and love the Inn and Kerasma just as much as we have.  

Again, we thank all of you for your support and friendship and wish you all success in your endeavors.  

Sincerely,

Greg, Carol and Brittany Bills

and for sure, little Miss Lily