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Show “B2 The Salt Lake Tribune UTAH Saturday, February 25, 1995 CRABBY ROAD sors bee soaces Council Fails to Settle Feud Over Alley I thirk a penny for yer thought: 1s a Iiftle pricey. Do GoodFences, Boulders Make Good Neighbors? tra seven feet, down the length of his property. By Jay Baltezore But when Scott Carrier bought his home THE SALT LAKE TRIBUNE It may be a modern-dayversion of the Hatfields and the McCoys — battle over an alley in the Avenuessection of Salt LakeCity. However, no guns or weaponsof anykind sparked this dispute, merely boulders and a wooden fence and an improperlyfiled documentin the county recorder’soffice. This week, the City Council tried to settle the matter by voting to close public access — also knownasvacating — to the dirt and gravel strip which runs east and west between K and L Streets and 11th and 12th Avenues. FESR aS FOR THE RECORD SUSPECT CERTIFIED A 17-year-old boy will stand trial as an adult in the Nov. 25, 1994, murder of a 22-year-old man in West Valley City. Bountha Sengthongkham faces first-degree murderchargeforallegedly shooting Roy “Catfish’’ Douangdalavong on Nov. 25. The victim's Apparently all it did was raise questions over city policy and stir further resentment among neighbors. The story goes back to August 1990, when the City Council approved vacating the east side of that alley, at L Street, at the requestof an adjoining neighbor.Aspart of the deal, the council said it would close therestof the alley, but only after subsequent neighborsagreed, in writing, howto doit The agreement followed the general city policy, which has been to close alleys unless 3935 they provide a critical entry to a homeor garage. Police statistics indicate alleys tend to provide staging areas for burglaries, hangouts West. Witnesses told police the for delinquents and open areas for dumping body was discovered in the parking lot of the Granger West LDS Stake Center at 2925 S. suspect — who was then 16 years old — boasted hecarried out the homicide. He was arrested Dec. 7 in Wyoming when police stopped him on suspicion of drunkendriv- ing Oo NIMBLE KNIFER South Salt Lake Officer Chris Salas knew Daneil R. Greene often falsely accusedpolice of sexually molesting her. So on Tuesday when he arrested her on a drug warrant, Salas was cautious while patting down the 24-year-old woman.It nearlycost him hislife. On the wayto jail, Greene pulled a knife from her pocket and attempted to stab the officer, according to Det. Tracy Tingey. Salas pulled over at the corner of State Street and 500 South and struggled with Greene. She was charged Friday with attempted murderandassault by a prisoner, in addition to drug charges. QO FRIEND DIES Three Murray residents were charged with manslaughter Friday for failing to call for help . when their friend overdosed on an injection of heroin and cocaine and died hours after passing out. Alan Bosworth Smith, 41, Valerie Mackert, 33, and Othello Elaine Gerety, 39, are accusedof putting an unconscious John C. Barrett, 23, in a cold bath and then wrapping him in a blanket and leaving him in a bed Mondaynight. The next morning at 10 a.m. they found him dead, court records show. They did notcall police to their apartment at 225 Biltmore Ave. until 3:20 p.m. The suspects allegedly admitted they disposed of the drugs and paraphernalia beforecalling 911. They werealso charged with concealing a corpse and tampering with evidence. All three were being held in the Salt Lake County Jail. Bail wasset at $10,000 each. Qo CRAZY BOMBER? A 29-year-old man whoblew up his parents’ Sandy home when he set off a bombwasordered Friday to get psychological treatment. Stephen K. Bailey, a former U.S. Army ordnance expert, exploded a bombin his basement bedroom on June 11. The explosion and ensuing fire virtually destroyed the $150,000 home, located at 11566 S. 1320 East. Bailey was charged with first-degree felony use of explosives but pleaded guilty to third-degree felony possession of an infernal machine. Third District Judge Frank G. Noel ordered him to pay a $925 fine and complete 2 years of probation. Oo LONG, FAST CHASE A 25-year-old man driving a stolen pickup truck at speeds in excess of 120 mphledpolice on a 55-mile chase from Bountiful to Tremonton on Friday night. He ran from the truck whenofficers stopped him in Tremonton, but Rocky, a Clearfield K-9 dog, . chased downthe suspect and put the bite on him. The chase started at 7:53 p.m. and ended about 9 p.m. He was bookedinto the Davis County Jail on a list of charges including grand theft auto and felony evasion. The Utah HighwayPatrolfirst learned about the stolen Ford Ranger from cellular telephone callers who said the driver used the emergency lane to pass them on Interstate 15 at speeds reaching 90 mph. Oo SPANISH FORK MANKILLED A 69-year-old Spanish Fork man was killed Thursday night when his car apparently ran a “stop sign and was broadsided by anothervehicle. Spanish Fork police Lt. Brad Stone said Lynn Voorhees died when he was struck at 8:50 by a vehicle driven by Thomas Lockhart, 31, Salt Hs t. bors. In fact, Salt Lake County improperly recordedthe alley closing on the propertyplat, which gave Lindquist half of the alley, an ex- trash Once the city vacates alleys, property owners are allowed to take over the property or agree to put a gate on both ends and use the road as private access. When Kent Lindquist bought the property on Street nextto thealley, his title company apparently did not see the condition on the ordinance requiring agreement among neigh- three years ago on 11th Avenue, his title attorney spotted the condition and assuredhis client the alley had not been closed and he had At onepoint Lindquist even placed boulders at the entrance to block the remaining seven feet of the alley. Salt Lake City police forced him to remove them. Meanwhile the fence stayed up, in apparentviolation of city law. What moved the City Council into action was Lindquist’s petition to vacate the alley. “Even though there were some [document recording] snafus in this case, we believed the policy still was valid becauseit fit the policy,” full access from the west end ofthe alley. “My house had been rented for 20 years, says City Council member Tom Godfrey. “We and it needed to be renovated,” says Carrier. asked the staff to talk to the neighbors and “So I madeit a condition of my purchasing the house that the alley be open so deliverytrucks could get through.” While Lindquist’s home and yard lies on a relatively flat piece of property, Carrier’s land has a 30 foot slope from the sidewalk to the back alley. Thereis no room oneither side of the house to truck in lumber, cement or excavating equipment. His neighbors to the west have muchthe samerestriction. Last July things got nasty. Based on information from his property deed, Lindquist started piling up large boulders and built a wooden fence out into the alley. Carrier and two of his neighbors contacted the city. So the City Attorney's Office sent Lindquist a letter, telling him he was encroaching on thealley because the conditions of the 1990 ordinance hadnot been met. “Thealley remains city property,” said As- sistant City Attorney Bruce Baird. “And cannot be blockedor used for private purposes.” But work on the fence continued. Lindquist even complained to police that Carrier be- found the neighbors had not worked out things.” Nosurprise. While Lindquist hadhis fence, neighbor Dave Jacob said he was precluded from building a garage in back of his home to attract more homebuyers On Tuesday, after days of discussion, the City Council approved Lindquist’s petition to vacate the alley. “T've seen these things get ugly, but maybe you can sit down and workthis out,” Godfrey told the gathering. Don’t betonit. “This guy [Lindquist] broke the law and they rewroteit for him,” says Carrier. “It was obvious from the very beginning that 1 was overpowered.” Lindquist believes the matter now has been resolved “ve been living with this thing for nine months, its not a nice situation,” he says. “I’m the only one who has made compromises.” Godfrey, who's been involved in dozens of alley decisions, insists the City Council showed wolf” at night. no bias toward Lindquist. “We knew this would bea hot issue and we had to decide if we shouldfollow the policy,” “Everybody but Carrier bought their property with the understanding that the alley had been vacated,” says Lindquist. ‘‘I did the work with the understanding the property was on my deed.” might be viewed as arbitrary and capricious, which would get us in moretrouble. Andif our goal is to make everybody happy, we should give it up becauseit will not happen.” came disruptive, at times even “howling like a UTAH DATELINE he says. “If we don't follow the policy, then we LOGAN | TE BRIGHAM | CITY OGDEN a || | boner Bolenae danaed Tribune Regional Desk: 237-2053 Rail YardIs the Site OfThree Diesel Spills OGDEN — Threediesel spills have occurred at the Ogden rail yard area since November, and one of them amounted to as much as 5,000 gallonsof fuel, environmentalofficials said. Jim Thiros, an environmental scientist with the Department of Environmental Quality, said the two most recentspills at the scene involved up to 200 gallons ofdiesel fuel. But a leak on Nov. 18 could have reached 5,000gallonsofdiesel at Fruit Express on 29th Street, according to an incident report filed with the state’s Environmental Response and Remediation Division. According to the report, the spill occurred when a fuel company filling an above-ground storage tank did not open the correct valve and the fuel traveled into lines that were no longer in ser- Spay Day vice. Fruit Expressis a subsidiary of UnionPacific, which is now working with the state to clean up the Features pollution. Fruit Express wasalso thesite of a leak of about 200 gallons of diesel on Dec. 14. The third diesel spill occurred Jan. 30 when 30 to 50 gallons of diesel were spilled during a refueling operation by Jardine Petroleum. — The Associated Press Low-Cost Alteration Spill liability at Legislature By Jon Ure BS THE SALT LAKE TRIBUNE Sex Survey Rejected In Box Elder Schools SANDY — Veterinarians, pet lovers and lawmakersdo not want a repeat of 1994, when more than 20,000 homeless dogs and cats were put to death in Salt Lake County. So, as part of Tuesday's Spay Day U.S.A., pet owners are invited to the All Pet Complex, 9860 S. 700 East, for a free seminar on controlling pet overpopulation. BRIGHAM CITY — Box Elder County's school board has rejected a request for a sex survey of teen-agers, saying the questionnaire posed too many intimate questions. Low-cost spaying and neutering ofpets will be offered as an added incentive to attend the seminar that begins at 6:30 p.m. This is Spay Day’s first year and it is sponsored nationally by the Doris Day Animal League and the American Veterinarian Medical Lynn R. Johnson/TheSalt Lake Tribune Teen Survey to seventh-, ninth- HIGH ANXIETY? and 11th- grade students to deter- For steelworkers involved in the Salt Palace renovation project, a rousing high-wire performanceis all in a day's work. The project is due for completion early next year. Association. The groups estimate between 14 million and 17 million dogsand cats are euthanized each year. According to the AVMA, a fourth of all domestic animals are killed annually because there are not enough homesfor them. Other Utah veterinary clinics are participating in the low-cost sterilization Tuesday. Timothy Kirkland, medical director at All Pet Complex, says while the num- bers of animals killed is staggering, even one neutering or spay- ing can makea difference. “Two unaltered cats and their offspring can produce more than 80 million cats in 10 years and two dogs spayed or neutered this year means almost 6,000 puppybirths can be prevented in the next seven years,” Kirkland says. “But onlyif pet owners,legislators and local veterinary clinics get in- volved can the problem beseriously addressed.” The HumaneSociety of Utah supports the observanceasit lobbies the Legislature and helps Salt Lake County rewrite its animalordinances. “Every day is Spay Day for the Humane Society,’’ says Gene Baierschmidt, executive director of the Utah chapter in Murray. “We have our own clinic and we're already low cost.” Baierschmidt has high hopes for the county's new animal-con- Olympic Visitors Wind Up Three-Day Tour By John Keahey ‘THE SALT LAKE TRIBUNE BOUNTIFUL — Utah’s Olympicvisitors, their helicopter wreathed by swirling dust, smiled and waved at the sign-shaking youngsters in tights and ice skates, chanting “Salt Lake City, Salt LakeCity.” That liftoff Friday from the Bountiful Ice Rink parking lot wasthelast leg of a three-day Wasatch Front tour by visiting International Olympic Committee membersscoping outSalt Lake City’s proposal for the 2002 Winter Games. Friday's schedule for the three Olympiansstill on tour was full: They visited two Salt Lake City elementary schools and an Ogden middle school, met the governor,got a standing ovation from Utahlegislators and were wined and dined at Salt LakeCity’s exclusive Alta Club. And that was just for openers. After lunch, the 200-member Utah Figure Skating Club in this Davis County community treated the visitors to a 15-minute ice show, featuring youthful skaters Cynthia Ruiz, Brecken Hepworth, McKenzie Baltz, Kevin Garrett and Courtney Prince. Two visitors — Rumania’s Alexandru Siperco and the United States’ James Easton of Van Nuys, Calif. — missed the show. Theyleft town before the Friday festivities. But on hand were Anita DeFrantz of Los Angeles, the second U.S. IOC member,and Francis- co Elizalde of the Philippines and Anton Geesink of The Netherlands An estimated 60 additional IOC members from throughout the world are expectedto visit Utah over the next two monthsas Salt Lake Olympic Bid Committee officials spend an estimated $1 million in privately raised funds to lobby for votesthatwill be cast June 16 during an IOC meeting in Budapest, Hungary. With Salt Lake City in the 2002 Winter Games sweepstakes are Quebec, Canada; Ostersund, Swe- den; and Sion, Switzerland. From the air, the IOC members zipped over the Wasatch Front from Ogden’s Snowbasin ski resort, proposedsite for the 2002 downhill skiing and super-G events, to other skiing sites at Park City/Deer Valley. On Wednesday and Thursday, they visited the state-owned ski jumps and bobsled/luge runsat the Winter Sports Park northof ParkCity, the University of Utah, where the 2002 Olympic Village would be located, and facilities in downtownSalt LakeCity for the Games scheduledfor seven years from this week. The Olympians’ schedule Friday did not include a visit to Salt Lake Bid Committee downtown headquarters at the cornerof State Street and 200 South. If it had, they would have seen a giant sign unfurled between 8 and 9 a.m. by four Olympicprotesters. It read: “This is Not the Place for the Olympics.” Program Aimedat Curtailing Litigation Gets Sued By Sheila R. McCann Gregory must watch the videotape within 30 days, and choose to trol ordinance. “It contains everything we wanted: increased license fees and a breeders permit for dogs and the licensingof cats,” he says. The draft is nearly complete and the county will soon announce a public hearing date on the A Salt Lake County woman seeking a divorce is suing Utah's new mediation program,which is aimed at reducing litigation in state courts. Linda Kay Gregory is separated opt out of ADR, or her divorce changes. from her husband, who haslived quirementis an unconstitutional And he supports a bill before the 1995 Legislature that has been faring well, Baierschmidt says. He is especially supportive of increased penalties for animal cruelty. “We want to change it from a class C misdemeanorto a class A misdemeanor with more severe punishment,”’ he says. ‘Some of the legislators want to increaseit to only a class B ordinance and we're kind of upset aboutthat because most states are actually passing laws that makeit a felo- ny.” x THE SALT LAKE TRIBUNE in Wisconsin since 1990. She filed for divorce in 3rd District Court on Feb.3. As of Jan. 1, litigants in 3rd and 5th District courts are required to watcha short videotape about the Alternative Dispute Resolution (ADR)program,which offers mediation and arbitration services. They can then try ADRoropt out. A clerk loaned Gregory a copy of the videotape. But when Gregory said she did not own a videocassette recorder to watchit, she was told no machines were available for public use. ¥ iy will automatically be referred to the program. Herlawsuit, delivered to U.S. District Court Friday by attorney Brian Barnard, claims the rebar to her access to the courts. Since the couple haveno children and there is no dispute about dividing marital property, the uncontested divorce would not benefit from ADR,he argues. Technically, the case has not yet beenfiled because Magistrate Samuel Alba is deciding whether he will waive the filing fee. Diane Hamilton, ADR director for state courts, says Barnard is simply pointing out early bugs in the program. “There's something almost poetic about the Ceca Community Pro Youth Organization, a local nonprofit group, wanted to administer the Utah being sued,” she said. “I’m trying to enjoy it from that angle. This is a fantastic case to mediate. We can get feedback and together come up with waysto solve this.” The program is discussing how to improve access to a VCR, she said. Andofficials have been discussing whether to exclude uncontested cases from the prom. Although all divorces must eventually be reviewed and signed by a judge, mediation can help many couplesset up a child visitation schedule, co-parenting program orcraft a property settlement,she said. Of the casesfiled in January, about 3% have opted to try ADR, she said. The program coversSalt Lake, Tooele and Summit counties, and in 5th District Court, Washington, Beaver and Iron counties. minethe needs of area youth and their families, said CPYO spokeswoman Ann Henderson. But school board members werenotinterested. “We just don’t have time for something like this,” said board member Gary Feldman. “We know whatthe problemsare,let's roll up our sleeves and get after them. Wedon’t haveto dig up the ticks and dirt in our students.” Board memberClark Siddoway questioned the value of queries on how long a respondent has “made out” with anotherperson. He also criticized questions about parents, particularly requests for information about their education and employment. — The Associated Press Logan Workers Must Give Back Extra Pay LOGAN — Some employees of Logan City have been overpaid and now the city wants the money back. Jim Ferguson, Mayor Darla D. Clark’s chief of staff, said Friday about 30 city employees were overpaid approximately $9,000 since June because the amountof time they worked in their positions was improperly recorded. But, Ferguson said, the mistake also means an unspecified number of city employees were also underpaid a total of $11,000. Logan firefighter Sid Carpenter was told he hasto return $900. “Wetake anattack onourpaychecks as an attack on what we hold most dear — our ability to providefor our families andchildren,” Carpenter said Friday. Fergusonsaid the mistake came to light in October after the city instituted a new salary scale based on performanceas well as seniority in a particular position. Ferguson said thecity will not dock employees more than $25 per paycheck unless they choose to payit back in a lump sum. Another city employee, who asked that his name notbe used, said he wasupset that the city had not provided any documentation of the overpayment. “Apparently it’s legal, but I don’t think it's ethical,” he said. “T don’t understand why I should pay for someone else's mistake.” Mike Wennergnn |
