New food truck
rules questioned
Staff writer
Questions were raised Tuesday about the legality of a long-discussed food truck regulation approved Monday by Marion City Council.
Under its terms, vendors who have permanent locations within the county would have no limitation on days of operation.
Vendors from outside the county, however, would be limited to no more than two days a week, with only one of those days being a Friday or Saturday. They also could operate only 90 days a year.
According to a Kansas Supreme Court ruling, treating an out-of-town food vendor differently from in-town vendors could violate the 14th Amendment of the Constitution if it does so “without justification.”
Kansas Government Journal, published by the Kansas League of Municipalities, wrote about the ruling in March, 2015.
“Business regulations must be reasonable, based on ‘whether it is for the benefit of the community in general … for the public health and general welfare, and whether the means adopted to produce the public benefit are reasonably necessary to accomplish that purpose and not unduly oppressive upon individuals,” the article says.
The Supreme Court ruling in a case called Hair v. Humboldt was brought to Marion County Record’s attention by a reader late Tuesday afternoon.
Mayor Mike Powers did not return a message asking for his comment.
City administrator
Council members also voted Monday to hire the league to help find a new city administrator.
According to a timeline in the city’s contract with the league, candidates will likely be interviewed in mid-January, and an offer extended in late January or early February.
Interim administrator Mark McAnarney told council members the process could to take up to four months.
“I think this is a critical, critical situation,” Powers said.
He said the city shouldn’t tread lightly or try to be “cheap” in hiring an administrator.
The league will want half an estimated $9,738.77 to $10,138.77 up front.
It does offer a guarantee. If the hired administrator doesn’t last a year, which Marion’s two previous full-time administrators did not, it will waive all fees except advertising, background checks, and travel expenses for a repeat search.
New sirens
Council members also decided Monday to purchase two new storm sirens after one of the city’s five sirens was struck by lightning.
Electric supervisor Steven Hart said the city’s insurance company would pay $19,292 toward replacement of the siren struck by lightning. He recommended a second siren be added and the two be relocated so they can cover the city even if two aging sirens fail.
The second siren will add $9,146 to an original $37,876.85 estimate from Federal Signal Corp.
Hart said $30,000 to $35,000 would be in the budget in January.
Broadband
Council members also heard from representatives of IdeaTek about a franchise agreement that will bring to Marion services similar to those Vyve already has available. McAnarney was authorized to sign a contract with IdeaTek. That will grant a non-exclusive franchise that will last 10 years, then renew for additional one-year terms.