• Last modified 248 days ago (Aug. 15, 2018)


New stink over silage emerges

Staff writer

Lincolnville feedlot owner Mike Beneke has a new set of issues in his ongoing battle with the City of Marion.

On Friday, a letter outlining the city’s contention that a large pile of silage on his property at the west edge of Main St. creates a health nuisance because of both odor it emits and liquids that will drain from it as it ferments was given to Beneke.

Previously the city had taken the stance that having the pile of silage inside city limits violated zoning regulations. Beneke filed a request for a hearing in municipal court and a date was set, but the hearing was canceled because of the new approach being taken by the city.

“The process that was underway has been formalized and anchored in the specific laws of the City of Marion,” city administrator Roger Holter said. “The desired end result is still consistent with the first conversation, which is the removal of the pile from city limits.”

Holter said the city’s concern is that a good rain would cause the liquids to leach into the drainage system.

Public safety officer Marty Fredrickson’s letter to Beneke gives him 10 days to remove the pile of silage or request a hearing in the matter.

Failure to make a timely request for hearing constitutes a waiver of Beneke’s right to contest Fredrickson’s findings, the letter states.

City code defines a health nuisance as permitting filth, excrement, or any other offensive or disagreeable thing thrown or left or deposited upon any street, avenue, alley, sidewalk, park, public or private enclosure or lot whether vacant or occupied; any place or structure or substance which emits or causes any offensive, disagreeable or nauseous odors; and all articles or things permitted by any person to the injury, annoyance, or inconvenience of the public.

“It has been determined that the storage and fermentation of silage will or has produced a discharge of odors, liquids that are deemed undesirable, and in conflict with the stated purposes of Marion City Code Environmental Code,” Fredrickson wrote in his report to city council members.

Separate from the alleged health code violation, Beneke received two new parking citations last week for once again parking a semi parallel to the curb in downtown Marion. He had been warned about parking a semi downtown a week before.

These citations allege the semi was parked on the roadway when it was practicable to park off the roadway with a clear view from a distance of 200 feet in each direction, and that the semi was not parked properly in parking stalls at the angle indicated by pavement markings.

Beneke said the truck was parked “where I normally park when I go to get a donut.”

He claims he’s parked in the same manner many times in many towns.

“I’ve pulled off and parked, and I’ve never been hassled anywhere I’ve been,” Beneke said.

Last modified Aug. 15, 2018