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Council approves vacation and disposition of 10x60 grass alley after contested hearing
Summary
Council approved the vacation and disposition of a 10‑by‑60 grass alley in the Myers Addition (resolutions 32949 and 32950) after a public hearing that included a neighbor’s objection requesting the city produce records about prior obstruction enforcement; outside counsel advised the vacation was appropriate given historic use and that a utility easement should be retained.
The Marion City Council approved the vacation and subsequent disposition of a 10‑by‑60 foot grass alley between Lots 3 and 4 of Myers Addition, authorizing sale to applicant Eddie (Ed) Dirks and retaining necessary utility easements.
Planning staff (speaker 10) told the council the alley segment has been grass since at least the 1950s and that the applicant has maintained it for decades. Staff reported outreach to abutters and noted that two immediate abutting owners (Farmer and Christner) declined to purchase their half; planning recommended approval subject to a utility easement and P&Z recommended approval 8–0. Staff also summarized five written comments in opposition received earlier.
Resident Zucker Gordon (speaker 13) urged the council to table final action, saying his earlier complaint alleged private obstruction (gate and signage) of public right‑of‑way and that the city had not provided chapter 22 public records he requested about inspection and enforcement; he said those records were material to determining public benefit and urged staff to provide a redaction log and rolling production before final action.
Applicant Eddie Dirks (speaker 17) testified he has lived at 940 10th Street for decades, that the alley historically has been grass, that he installed a gate years ago to stop repeated vehicle damage and that utilities can access the area. Neighbor Laura Farmer (speaker 18) spoke in support, noting Dirks’ long‑time maintenance and snow‑clearing of the alley.
Outside counsel Amy Reasoner (speaker 19) stated she had reviewed the materials and advised the vacation was appropriate because the alley segment has functioned as a grass alley and the proposal does not create a new dead end; she noted staff waived the requirement to request the entire alley end‑to‑end and that a utility easement would be retained. Council voted to approve resolution 32949 (vacation) and resolution 32950 (disposition) by voice vote.
