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Some Salem residents are livid about a developer鈥檚 plan for a 107-unit multifamily project that would route traffic to and from the complex slightly past the parking lot for a carousel.

However, Mark Shipman, an attorney for developer Larry Tokarski of Mountain West Development Corp., said city officials must grant the access. Otherwise, Shipman said, no one will ever be able to develop Salem鈥檚 south riverfront. State and local officials have already ruled out all alternative access points, he said.

Marie Bradford-Blevins, the executive director of the Salem Riverfront Carousel, said she sympathizes with Tokarski and his team.

鈥淚 know he鈥檚 in between a rock and hard spot, but it鈥檚 already fairly busy and dangerous crossing,鈥� Bradford-Blevins said. 鈥淵ou really only have eight seconds to get across that light at State and Front streets. Plus, you have people from West Salem going south on Front Street.鈥�

Salem City Council was scheduled to vote Monday whether to allow the access; however, after public comments stretched the meeting almost to midnight, councilors decided to postpone their decision and keep the period for public comments open until Sept. 9.

The council鈥檚 decision could make or break Tokarski鈥檚 proposed $21 million project that promises to remake the face of Salem鈥檚 south riverfront. He wants to provide access to the complex (on a former truck parking lot) at the railroad crossing at the west end of State Street, where it intersects with Front Street.

Oregon Department of Transportation officials will not let Tokarski use any other railroad crossings along Front Street except the one at the mouth of the Salem Riverfront Carousel鈥檚 busy parking lot.

鈥淭here are often families with small children in that parking lot,鈥� Bradford-Blevins said. 鈥淲e just think it is not going to be beneficial to the carousel or the people visiting Riverfront Park.鈥�

City planners are offering little guidance; in their report to City Council, they reviewed the facts without making any recommendations for action.

Councilor Warren Bednarz said officials could be courting a lawsuit if they deny Tokarski the access.

鈥淚f he can meet the safety criteria, he has a legal right to build the access,鈥� Bednarz said. 鈥淲ith other railroad crossings closed off to him, the only other place is the carousel entrance. If we had a magic wand we could wave to fix this problem, we would move the railroad crossing. But with city and state laws, that鈥檚 not going to happen. That鈥檚 the gorilla we have to wrestle.鈥�

However, Councilor Chuck Bennett said he doesn鈥檛 buy the legal argument.

鈥淭hat鈥檚 not an accurate analysis,鈥� he said. 鈥淲e are not required by anyone to grant access. If the developer owned a legal access and we shut it down, then he would have grounds to sue us. That鈥檚 just a misreading of the flag-lot law. But, you know, any port in a storm for someone who wants to vote for this thing.鈥�

Bennett said he thinks the council will ultimately reject the access.

鈥淚ts chances are problematic,鈥� he said. 鈥淚t鈥檚 an uphill battle. We have received over the past couple of days a really substantial amount of public reaction that is almost unanimously against it. It鈥檚 not like form letters either. It鈥檚 people giving their heartfelt opinions.鈥�

Shipman said people have reacted with too much emotion. No one is talking about apartment residents cutting through the parking lot, he said.

鈥淲e鈥檙e actually going around the parking area,鈥� Shipman said. 鈥淭he design we鈥檝e come up with includes curbs, landscaping and fencing to physically separate the access drive from the parking area.鈥�

Shipman added that the design adds 14 new parking spaces and redesigns the lot to accommodate more cars through angular parking. It also creates spaces for compact vehicles.

Nonetheless, the design submitted to Salem鈥檚 urban development department would require drivers to dramatically crank their steering wheels to reach either the apartments or the carousel.

Shipman said the arrangement is not perfect. When Tokarski bought the property in 2007, he proposed building a railroad crossing farther south of the property, on Commercial Street. Bradford-Blevins said the carousel鈥檚 board of directors approved the concept, even though it was not popular with neighboring residents. City Council also approved the concept.

But John Wales, Salem鈥檚 urban development director, said the offer expired when Tokarski failed to build a hotel he proposed for the property.

Shipman said he and his clients would still like to see the crossing moved.

鈥淭hat would ideal, but that鈥檚 not going to happen,鈥� he said. 鈥淲e spent umpteen years and tons of money trying to work that out.鈥�

Part of the problem, Wales said, is that Tokarski鈥檚 plans for the site have shifted a lot over time.

鈥淔irst, he wanted to build a hotel,鈥� he said. 鈥淣ow he wants to build an apartment complex. For whatever reason, that first plan didn鈥檛 go through, and the crossing option expired.鈥�

Bennett said that is not the city鈥檚 problem.

鈥淎t some point, I think we鈥檝e fulfilled our responsibility to the developer in terms of providing access,鈥� Bennett said. 鈥淚 cannot believe the development depends on a 3.5-acre site adjacent to a public parking lot.

鈥淲e鈥檝e been consistent that we don鈥檛 want a road coming through a parking lot adjacent to a carousel and children鈥檚 play area,鈥� he added. 鈥淚t could not be a worse site to create a throughway.鈥�

Bradford-Blevins said the 107-unit apartment complex would include 1.5 parking spots per tenant, not counting those needed to accommodate 20,000 square feet of retail space.

Meanwhile, the carousel and adjacent Riverfront Park parking lot attracts more than 300,000 visitors every year.

鈥淲e are Grand Central Station for anything that happens in this park,鈥� she said.

Bradford-Blevins added that the nearby railroad track would complicate access to the complex.

鈥淲hen the train is stalled, how do you get out of here?鈥� she said.

Shipman said it is not going to be a problem. On rare occasions when people are blocked by a stalled train, they can park downtown and walk home, he added.

鈥淭raffic studies also show that our peak hours are not going to be the carousel鈥檚 (peak) hours,鈥� he said. 鈥淵ou鈥檙e not going to have those jammed areas.鈥�