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Proposed new truck route challenged by residents

Managing editor

Five residents of Jex Addition submitted a letter to Marion City Council on Monday asking the board to deny a request by Darryl and Linda Brewer to change the city’s truck route.

The Brewers own a truck parking lot on South Grant Street and had requested the city change the truck route. Currently, trucks are required to reach the lot from the south, crossing unmarked railroad tracks with limited visibility. The business had been shut down when the Marion Planning Commission did not approve a conditional use permit for the business. The Brewers took the case to district court and the board of zoning appeals was required to review the case and make a determination. The appeals board overturned the previous ruling, which allows the business to operate.

When the business was in operation, the current truck route was established.

The argument had been that trucks had traveled on Grant Street for the past 40 years when the property was used as a storage facility for oil production equipment.

A letter, signed by 28 residents and property owners in Jex Addition, contended that a city ordinance prohibited any truck heavier than 24,000 pounds to travel through residential areas.

Several issues were addressed by a group of residents at the meeting who live in Jex Addition.

Leah Schmidt, 213 Grant St., said the petition was signed by 80 percent of the residents, which asked the council to not approve a new truck route that would allow trucks on Grant Street.

Schmidt also indicated that with the majority of residents and property owners in agreement about the parking lot and truck route, it should be sufficient to change previous rulings.

City Administrator Doug Kjellin explained that the decision by the board of zoning appeals was final. The only recourse was to file a case in district court.

City attorney Keith Collett said the city is going to keep trucks off some streets but must allow trucks on other streets including Eisenhower and Cedar.

“The city is not required to give notice to surrounding residences because this is a traffic ordinance and not a zoning ordinance,” he said. “Whether it’s passed is a political decision.”

Amy Boudreaux, 223 Garfield St., said the rights of residents in Jex Addition were being taken away.

“Money is an issue here,” Charles Montgomery, 302 Grant St., said. “There’s a reason there’s a 24,000-weight limit on city streets because there are utilities under the streets” — specifically gas lines.

He continued that if a gas line was compromised, Marion would be on the news and not in a favorable way.

Mayor Mary Olson asked the status of the lawsuit Brewer had filed against the city regarding the zoning of his property. Collett said the board of zoning appeals had determined the use had been in place. Therefore, they had a non-conforming use and could continue to operate the business.

In the letter from residents, the following issues were addressed:

  • Safety was the primary concern. Adequate sidewalks are not available. Children living in the neighborhood ride bikes and play in the vicinity as do people who walk. Grant Street is not wide enough to accommodate large trucks and pedestrians.
  • The intersection of Arbor and Grant streets is difficult for a tractor and semi to safely maneuver.
  • Previously, when the lot was operating, there were more than 10 trucks parked there. The trucks drove on the streets all hours of the night and were left running.
  • Cattle trucks left excrements on the streets, causing an unpleasant odor for residents.
  • Residents will unfairly lose parking on the streets. Since the trucks need additional space to maneuver the corner, no parking will be allowed.
  • There is a disagreement regarding land use. The letter claimed that in the past 30 years, ownership has changed four times. The previous use did not require a truck route or a change in on-street parking.
  • The truck parking business has caused a financial strain to the city in legal fees and potential damages to the street leading to the lot.

In response to some of the allegations, Brewer said cattle trucks cannot cross the railroad tracks because the trailers are too low.

“The access to my property is limited,” he said.

Regarding manure and other animal excretions from cattle trucks, Brewer said it is out of his control. In the past, he had two cattle trucks parked on his lot but they weren’t loaded with cattle. There is no area for trucks to wash at the parking lot. Brewer added that he lost those two drivers and wasn’t sure if he’ll get them to return.

There is a city ordinance that addresses the running of truck engines for a maximum of 45 minutes but that is on city streets, not on private property including Brewer’s parking lot. Brewer explained that semis are required to warm up for 30-minutes.

Councilman Jerry Kline said he would like to see if the trucks could safely use the current route and cross the railroad tracks.

Brewer reiterated there wasn’t sufficient visibility at the crossing.

Olson asked for a 10-minute executive session for attorney-client privilege to discuss the lawsuit Brewer has against the city. When that time ended, the council remained behind closed doors for another five minutes for the same purpose.

The council returned to open session and decided to table the decision until a full council was seated. Chris Meierhoff and Steve Smith were not in attendance.

The matter will be discussed at the next council meeting at 4:30 p.m. May 31 in the city building.

Last modified May 19, 2011

 

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