A land exchange two years ago between the city and a developer without the City Council's knowledge has one councilman concerned about how the administration conducts business.
Councilman Ben Porter says Mayor Joe Jenkins bypasses the council. Jenkins says Porter should better understand how the city works after seven years on the council.Jenkins signed a special warranty deed Nov. 12, 1990, giving Rock Canyon Development, Inc., a piece of land to square off 2300 North where it intersects Oak Lane to complete a condominium project. In return, the company deeded property in the same area back to the city.
"It's just a simple act of us straightening out a road," Jenkins said. "It's a road that we required." The mayor said the city makes similar agreements on a regular basis.
Without the land exchange, the city would have been left with two weed-infested "nuisance" strips to take care of. "We required them to take those two pieces of property as part of a prerequisite to the subdivision approval," Jenkins said.
Porter said the mayor should have brought the matter to the council.
"Any property (transaction) has to come before the council," he said. "It was just done illegally. That's all there is to it."
Porter asked the attorney general's office to investigate.
According to a Provo City ordinance, the council must approve land acquisitions exceeding $10,000 and land sales greater than $5,000. The council also has the power to declare land as surplus. The mayor can rid the city of surplus property at his discretion.
The council, however, did approve a zoning change and preliminary building plans for the condominiums May 15, 1990. Porter voted with the majority.
Rock Canyon Development later had to move the condominiums slightly north toward the road to avoid cutting into a hillside per a Planning Commission directive.
Provo exchanged 2,483 square feet of land, or roughly one-fourth the size of a typical housing lot, for 87 square feet of land and the developer paving at least 32 feet of 2300 North. The agreement was reached during a meeting at the construction site Nov. 1, 1990, between city planners and Carl Bacon, president of Rock Canyon Development.
City planner Julie Beck then sent Jenkins a memo stating an exchange of deeds was needed to realign the road. City Attorney Gary Gregerson and the city engineering department reviewed the documents and found them acceptable. Jenkins signed the deed attached to the memo.
Jenkins said he doesn't know that the land involved in the trade with Rock Canyon Development has any value. It was not placed on the surplus property list.
Porter said it should have been.
The council also should have examined the deed exchange because Councilman Mark Hathaway is a partner in Rock Canyon Development, Porter said.
"Hathaway has to disclose a conflict of interest," he said.
Porter said Jenkins handled the deal quietly because it "benefited Mark Hathaway and his company." Bacon signed the deed, and Hathaway did not attend the Nov. 1 meeting where the agreement to exchange deeds was reached.
Before the council approved the condominium plan in a May 1990 meeting, Hathaway declared his interest in the project and abstained from voting. He sat in the audience rather than his council seat during the discussion.
"There's absolutely no conflict with Mark Hathaway" Jenkins said.