Monte Eaton first resubmitted his petition for severance during the last council meeting on Aug. 14, citing a lack of city services despite the fact that his 14-acre property at 2460 A and D Reed Ave., with an assessed value of over $450,000 between the two parcels, is still considered within city limits — and is thus subject to city taxes — at the southern edge of town past the Marshalltown Community College campus.

After Public Works Director Heather Thomas provided background on the situation and what the next steps would be if the council approved the severance, Councilor Gary Thompson motioned to table the matter until after the special election.

“I think the seriousness of this question deserves a full council, so I would make a motion to postpone this until the Sept. 25 meeting when one of the two candidates in the Third Ward is seated,” Thompson said. “I would like the Eatons to have the ability to win or lose on a majority vote versus a technicality that may occur with only six of us here.”

Fellow Councilor Mike Ladehoff seconded the motion, but he and Thompson were the only two affirmative votes as the other four councilors voted no, indicating the matter would be decided on Monday. Monte Eaton then came forward and made his case for why the severance should be granted.

Monte Eaton addresses the city council regarding his severance request during Monday night’s meeting.

“It’s a long, convoluted history with that property. I sent out emails to the councilmen and spoke to a couple of them who contacted me back and explained why I wanted to sever and what wasn’t being done,” he said.

He asked the councilors if they had any further questions that hadn’t yet been answered and said he was “more than willing to have a conversation” about any lingering issues. None of the councilors had anything else for him, and the matter then moved to a roll call vote.

As Thompson feared, the motion failed on a tie as he, Ladehoff and Hoop voted to grant the severance, and Gabe Isom, Barry Kell and Jeff Schneider voted to deny it. After adjournment, Eaton told the T-R he plans to file a petition for reconsideration before the next regular meeting on Sept. 11, and because the makeup of the council will substantially change once a new member is elected, it could also be reconsidered after either Chris Bennett or Greg Nichols is seated. The new councilor will have to ask for it to be brought back up, and it would then go to a vote.

If it fails upon reconsideration, Eaton said he will file an appeal with the Iowa City Development Board, which will entail depositions, witness subpoenas and hearings. From there, the matter could proceed into either district or federal court with the potential for civil damages.

“I know of more than 20 property owners that have filed voluntary annexation requests with the city and were denied. My question is why?” he asked. “The city annexed it incorrectly in 1969. Why do you continually insist on keeping a property in the city that was incorrectly annexed in the first place?”

Debbie VanGundy, left, was honored for 10 years of service to the Marshalltown Public Library during Monday night’s city council meeting. She is pictured with Library Director Sarah Rosenblum, right.

After the meeting, councilors on each side of the issue offered their thoughts. Kell, who voted against the severance, cited the precedent of the previous decisions in 2016 and 2017 as his primary justification.

“I spoke with Mr. Eaton and had a thorough conversation. What ultimately stuck with me was the verification that nothing has fundamentally changed since his last application seeking severance from the city six years ago. The past Council and City Development Board all voted to deny the request,” Kell said. “If nothing has changed, I did not see why the outcome should. I think we all appreciate the uniqueness of the Eatons’ property, but they are afforded the same services as all other residents within Marshalltown city limits.”

Schneider, a fellow no voter, said the Eatons had not presented a strong argument for severance and worried that it would jeopardize future growth on the south edge of town.

“Council members have looked at code, consulted with staff (and) our lawyers, and I remember the last time. So we’d been previously presented all the information needed to make a decision,” Schneider said. “For me, it was a complete no. The case is extremely weak, and the city is heavily developing in that exact direction. It will also fail on appeal if they choose to go that route — like it did last time. Allowing severance without rock solid justification is a dangerous and foolish precedent for the city to set.”

On the flip side, Thompson, noting the history of the property dating back to 1969, said the matter boiled down to a legal question.

“In my opinion, all of us councilors have been arguing the wrong reasons for and against allowing Mr. and Mrs. Eaton to sever their property from the city. We should go back to the very beginning when the county first released the property from county jurisdiction, and the city granted acceptance into the city limits. The original reason was because the former owner of the property was building an illegal outbuilding as per county code,” Thompson said. “In my opinion, the property should never have become part of the city in the first place. Now it should be returned to the county.”

Hoop, who also voted in favor, was more succinct.

“(It) should have been done years ago,” he said.

In other business, the council:

• Observed a moment of silence in honor of former Mayor Floyd Harthun, who passed away on Aug. 17.

• Recognized Debbie VanGundy for 10 years of service to the library.

• Approved the consent agenda as listed.

• Approved a special Class C retail alcohol license for Thirsty Pigs LLC for Oktemberfest Events between Sept. 21 and Sept. 24 by a 5-1 vote, with Hoop opposed.

• Approved plans, specifications, form of contract and cost for the Kiwanis Park improvement project after a brief public hearing.

Held a public hearing for the status of funding update on the Iowa Economic Development Authority Community Development Block Grant (CDBG) for upper story housing conversion at the Willard’s building.

Approved the first reading of an ordinance amendment to Chapter 151 of the building code which adopts, by reference, the 2021 international codes and the 2020 national electrical code.

——

Contact Robert Maharry at 641-753-6611 ext. 255 or

rmaharry@timesrepublican.com.