Attorney for Timber Court residents urges Maquoketa council to table rezoning; council approves rezoning motion

An attorney representing residents of the Timber Court and Timber Drive neighborhoods urged the Maquoketa City Council on April 20 to delay action on a rezoning petition and to use the pause to pursue a settlement, but the council proceeded and approved the rezoning motion at second reading.

"We again urge you to table the rezoning and request that you use your best judgment here, not rush into rezoning this property on a 2nd reading," said Michael Malloy, identifying himself as a Quad City attorney representing neighborhood residents. He proposed two conditions the residents would accept in a settlement: moving the existing fence to the boundary of the approximately 36-acre area proposed for rezoning, and leaving a separate 16-acre parcel (Parcel 70.2025) zoned R-1.

Council and staff described the petition as unusual because it seeks to downzone a property formerly used as a golf course. City staff said the petitioners and the city had not reached a negotiated agreement, and Doug (an attorney speaking on code constraints) explained the limits under Iowa code for imposing conditions on a rezoning: the owner must agree to conditions by the time of the public hearing before the adjournment of that hearing.

Despite Malloy's request, council took the roll call on the rezoning motion and recorded affirmative votes; the motion passed at the second-reading stage. The property was identified in the record as Parcel 71-2025, with a plat recorded as Jackson County recorder document number 252739 (recorded 09/14/2025). The rezoning request was submitted by Big Country Properties LLC and sought to change the parcel from R-1 (residential) to A-1 (agriculture).

Council members who spoke in favor cited the property's surrounding land use and the owner's intent to develop the property in an agricultural classification; council members urging caution pointed to unresolved negotiations and neighborhood concerns. Malloy told the council that tabling could allow parties to reach a good-faith settlement and avoid litigation. The council did not adopt any of Malloy's proposed conditions as part of the vote recorded in the transcript.

Next steps recorded in the meeting minutes were to continue with the ordinance process and related code amendments; staff recommended following public-comment input and noted opportunities for future negotiation between the parties.