T-R PHOTO BY ROBERT MAHARRY During Monday night’s meeting, the Marshalltown city council discussed the potential vacation of the pictured alley near the JBS facility just off of North 8th Avenue.

The Marshalltown city council spent the largest chunk of Monday night’s relatively brief meeting discussing the potential vacation of a dead-end alley near the JBS facility east of 8th Avenue as one councilor raised concerns that other neighboring landowners had not been approached with the opportunity to purchase the land.

Public Works Director Heather Thomas said the area had been utilized for purposes it was not intended for — specifically, individuals camping and lighting fires — and JBS was willing to purchase it for $250 as the disposal of surplus property. Councilor Gary Thompson asked Thomas if the two property owners on the back end of the alley, which is next to another previously vacated alley, had been contacted, and Thomas said Assistant Housing and Community Development Director Clayton Ender had notified them.

Fellow Councilor Marco Yepez-Gomez, however, did not believe the alley should be sold to JBS, contending that he had contacted the adjacent property owner, whose son is camping in his backyard, and felt the problem should be handled as a nuisance issue. Thompson then asked Thomas what JBS would do after purchasing the land, and she replied that they would secure it in a similar manner to the parking lot to the north as fires are currently being lit in the area in hopes of moving them further.

Councilor Greg Nichols asked Yepez-Gomez if the property owner he spoke to wanted to buy the property, and Yepez-Gomez said the owner, who primarily speaks Spanish, was “passive aggressive” and didn’t care whether or not JBS bought it. He reiterated that the camping issue was the larger concern.

Fellow Councilor Sue Cahill asked if a solution could be reached and suggested considering another option, and Thomas did say that there has been at least one unattended fire requiring the attention of the Marshalltown Fire Department (MFD). Trespassing charges could not be filed unless JBS took over ownership of the alley, she added, and the city’s nuisance officer and police department have also been involved.

Cahill also wondered if communications had been shared in Spanish, and neither Thomas nor Housing and Community Development Director Deb Millizer had a definitive answer. Thompson suggested using a translator to communicate that the adjacent owners would have an opportunity to buy the property, and Thomas said she would be happy to follow up further.

As the council further discussed the matter before voting on a motion, there were questions about the selling process and how it would be handled if both parties were interested, and Councilor Mark Mitchell suggested pursuing a code violation for the individual living in a backyard.

During the public comment period, Layne Pieri expressed concern about vacating the alley and losing public right of way to private use.

“Each individual piece may seem minor, but those pieces add up. And when public property is transferred to a private company, I think the public should receive more than a nominal administrative fee,” Pieri said. “I’m not suggesting that as a penalty. I’m suggesting it because when public space is reduced, the community should receive something in return.”

Thompson responded to Pieri’s comment by noting that the city would reap the benefit of property taxes “for eternity.” With no further comments, a motion to direct staff to communicate in Spanish with the adjacent owners about the vacation and give them the opportunity to purchase the alley passed by a unanimous 7-0 vote.

——

Contact Robert Maharry at 641-753-6611 ext. 255 or rmaharry@timesrepublican.com.