Silage might spend more time where it currently is

Mike Beneke, who was ordered to remove 8 million pounds of silage from property he owned within city limits is now requesting an extension hearing at 3:30 p.m., Sept. 12, in council chambers.

During the initial municipal court hearing on Aug. 30, Beneke and city officials testified, but the end result was an order to remove the silage (animal feed) in 10 days.

In that initial ruling, Municipal Court Judge Randy Pankratz said he didn’t believe the silage should have been put where it was put to begin with.

Pankratz further stated that it was “crystal clear” to him from those who testified for the city on Aug. 30 that the material was offensive.

Beneke then asked if he had 14 days to appeal the verdict, but Susan Robson, the city counsel, said when she reviewed the statute she saw no basis for appeal.

What’s next?

Marion City Administrator Roger Holter, said Bene­ke approached Robson asking for more time to remove the huge mound of silage.

In turn, Robson contacted Pankratz, with Beneke present, to make a case for the extension hearing.

“As the Judge indicated to Mr. Beneke at the initial hearing, the city can take necessary actions to abate the situation and bill him for all related expenses.

“If that payment is not made within 30 days, the expenses will be filed as a tax lien on the property, and criminal penalties for non-compliance can be up to $100 per day and a maximum of 30 days in jail.

The silage remains at the same location, 601 W. Main St., the former Straub International building, 601 W. Main St.

Prior to the first hearing, Beneke said he planned to move the silage this winter to feed his cattle.

He is the owner of Double B Cattle, east of Lincolnville, along with owner of the former Straub building.