Vienna council heard separate arguments about Second Street

To revisit issue at November meeting

By Laura Schiermeier, Staff Writer
Posted 10/26/22

VIENNA — The Vienna City Council at its October meeting heard arguments from three property owners in Vienna about a non-vacated city street. The council members tabled the issue as they need …

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Vienna council heard separate arguments about Second Street

To revisit issue at November meeting

Posted

VIENNA — The Vienna City Council at its October meeting heard arguments from three property owners in Vienna about a non-vacated city street. The council members tabled the issue as they need time to go look at the area in question before making a decision, which they hope to do at the council’s November meeting.

Bruce Struemph was the first to speak. He told the council members he bought the Chambers building in Vienna. It has a large parking lot. Second Street has not be vacated and he asked to be able to access the street to reach his property. Mayor Tyler “TC” James who surveyed the site, said the area in question is straight across Highway 63 from Second Street, across from the old MFA building on the right side (north) of the old Bray’s Store. 

Charlie Buntsma, who bought property behind that site said the antiques from Junker’s Junction are blocking his access and use of Second Street. Buntsma said he considers it a city issue.

Dan Vore, owner of the building and the Junker’s Junction store, told the council “we thought it was our property.” He said he doesn’t understand why they want to put a street there when they already have access to their property. Vore said the site in question has been that way for many years and he doesn’t know what “gave them a right to bully their way in. Nobody used it for thirty to forty years.” He said they have access already. There’s only 10 feet there. Buntsma responded it is his right to have a driveway there. Vore said it’s just a gully there. 

Vienna Police Chief Shannon Thompson questioned the light pole there, adding there’s a big tree on the other end (west). Utilities Superintendent Shon Westart said there’s a utility easement there.

City Attorney Ross Bush asked if there is an encroachment happening there. Struemph said yes, at the south edge as Vore’s antiques go all the way to his property’s side. 

Westart explained it is a city street and Struemph and Vore each have use of half of it and Buntsma has an easement. He said it’s a 20 ft. easement and they can’t vacate it. 

Struemph said he is asking to drive across Highway 63 from Second Street into the Second Street on the west side. North Ward Alderwoman Rita Juergens asked, “Why?” Struemph responded he wants to develop that back part of his property with another access, developing a road to meet city specs. 

“It’s my property and a private road,” Struemph said. “Does one individual have more rights to the street than me and Charlie Buntsma?”

South Ward Alderwoman Brenda Davis said right now people can’t access it because Junker’s Junction is blocking a city street. The mayor said that part has been treated as a parking lot. Westart said the power pole is by a fire hydrant. Buntsma said he wants an access. Westart suggested the council members need to go look at it. 

Attorney Bush said it’s city property and anybody has access to it. The city is not taking action to clear it for the public. The city currently isn’t using it as it exists. He told the council members they can do nothing or clear all of the area or part of it. 

Bush said Second Street was never vacated.

Westart said they can clear a driveway to Buntsma’s part. Buntsma said he may build a house there. Vore said 10 feet is all he owns. For a driveway, they would have to remove a tree and it’s rough there. Buntsma said he could drive down it if he had four wheel drive. 

Bush said they could clear the north half of it or remove anything on the drivable portion of Second Street. The city can have everything taken off the street. Davis noted it’s not a closed street, but it’s not a useable street. Bush said the drivable portion is 20 feet and they could still have access to it and Vore can remove his antiques.

Mayor James asked the men what they are requesting. Struemph said he wants to drive from Second Street on the east side of Highway 63 to Second Street on the west side of Highway 63 to get to his property in the grassy area.

Vore said he would like to have the street vacated, with him keeping his half and Struemph keeping the other half. 

Buntsma said he does not want it vacated because it is to his property, which he just bought. 

Bush asked Vore if it would satisfy his needs if his half is clear and he said yes. 

Mayor James said to recap, Struemph wants it deeded at least half and half and Buntsma wants 10 ft. south of the centerline. And, to keep the antiques on the south half.

Vore said his problem is if Struemph makes it a street it will be right up against his building. It will create problems for him. “I don’t see why he needs access. He already has access. You can’t build a road with only ten feet.”

The council members said they will look at it and revisit it at the Nov. 7 meeting.