Belle Plaine, Iowa
July 6, 2022
The Belle Plaine City Council met on July 6, 2022, at 6:00 p.m. in the council chambers with Mayor Dave Fish presiding. Present: Mitch Malcolm, Mary Pech, Judy Schlesselman and Lyle Morrow. Garrett Landuyt arrived at 6:47 p.m. Also present: City Attorney Jennifer Zahradnik and City Clerk Sandy Walton. Stephen Beck attended by phone. The Pledge of Allegiance was recited.
Motion by Schlesselman, seconded by Malcolm to approve the Consent Agenda, Council Minutes of June 15, 2022, Council Minutes of the Special Meeting of June 22, 2022, receiving and filing of the minutes from the June 28, 2022, meeting of the Belle Plaine Community Library Board of Trustees and bills received. On roll call vote, all voted aye, motion carried.
Resident Comments: None
Police Chief Kris Hudson presented Officer Andrew Terrones with a Lifesaving Award for his actions on May 25, 2022. Officer Terrones responded to a suspicious activity call and found a man armed with a shotgun wanting to kill himself. Through Officer Terrones’ actions and the help of a bystander, he was able to get the gun away from the man and transport him to the hospital ultimately saving his life. Council congratulated Officer Terrones and thanked him for his dedicated service.
Motion by Morrow, seconded by Pech to approve the request from the Belle Plaine Ambulance Service to make 11th Street from the corner of 10th Avenue to 13th Avenue one way going east on July 16, 2022, from 3:30 p.m. to 8:00 p.m. for the 3rd annual drive-thru or sit-down Sweet Corn Festival. On roll call vote, all voted aye, motion carried.
Motion by Malcolm, seconded by Morrow to approve the Belle Plaine Fire Department using lower Franklin Park on August 12, 2022, for the 71st Annual Fireman’s Dance from 7:00 p.m. to 1:00 a.m. On roll call vote, all voted aye, motion carried.
Motion by Malcolm, seconded by Pech to approve a new liquor license for the Belle Plaine Fire Department Foundation Inc., which would include a Class B Beer Permit with Outdoor Service and a Five-day license. On roll call vote, all voted aye, motion carried.
Motion by Morrow, seconded by Pech to approve the mayor signing a letter of control for the Lower Franklin/Bandstand Areas for the Fire Department to apply for the liquor license for use at their Fireman’s Dance in Franklin Park. On roll call vote, all voted aye, motion carried.
Motion by Schlesselman, seconded by Pech to approve Resolution #22-07-01: a resolution approving the ACH/electronic transfer of funds to various vendors for FY23. On roll call vote, all voted aye, motion carried.
Motion by Malcolm, seconded by Morrow to approve the first reading of Ordinance #22-8, an ordinance amending the code of ordinances of the City of Belle Plaine, Iowa by amending provisions pertaining to the standard penalty. On roll call vote, all voted aye, motion carried.
Motion by Morrow, seconded by Pech to approve Resolution #22-07-02: a resolution retracting support and financial commitment for the Rural Housing 360 Program. On roll call vote, all voted aye, motion carried.
Motion by Pech, seconded by Schlesselman to approve a one-time utility credit of $2,100.00 at 1206 7th Avenue because of a water softener that stuck on cycle mode and was not caught for over the span of two billing cycles (issue has been fixed). On roll call vote, all voted aye, motion carried.
Committee of the Whole discussed zoning issues and their desire to clarify some of our zoning rules. Atkins zoning chapter was reviewed as an example. The issue was tabled for a future meeting to allow for council members and our attorney to think about how to best address some of the concerns.
The City Administrator, Stephen Beck, reported on curb work being done by the library in response to our EMC audit. He also answered council questions regarding a Well 6 water filter, digging 1-2 new shallow wells, annexing the wellfield to allow for TIF financing usage, the Mid-Iowa Water Shed project, and a project on 9th Avenue this week separating shared lines. He also reported that LL Pelling is in town this week working on some of our streets.
Mayor Fish reported on recent meetings attended for Benton County Landfill, Benton Development Group, and ECICOG.
Correspondence: The completed Water Study/Preliminary Engineering Report was given to all council members for review. He asked that Steve get with Veenstra & Kimm and ask them to attend one of the August council meetings.
Old Business: None
Resident Comments: None
Motion by Morrow, seconded by Malcolm to enter into closed session at 7:04 p.m. under Iowa Code 21.5 (1) (c) To discuss strategy with council in matter that are presently in litigation or where litigation is imminent where disclosure would be likely to prejudice or disadvantage the position of the government body in that litigation. On roll call vote Pech, Schlesselman, Morrow, Malcolm, and Landuyt all voted aye. Motion carried.
Motion by Landuyt, seconded by Malcolm to come out of closed session at 7:12 p.m. On roll call vote Pech, Schlesselman, Morrow, Malcolm, and Landuyt all voted aye. Motion carried.
Motion by Landuyt, seconded by Morrow for the City Attorney to renew our settlement offer from yesterday. On roll call vote, all voted aye. Motion carried.
Motion by Landuyt, seconded by Malcolm to adjourn the meeting. On roll call vote, all voted aye. Meeting adjourned at 7:13 p.m.
Dave Fish, Mayor
Attest: Sandra Walton, City Clerk
Transcribed by the City Clerk subject to Council approval
Jim Magdefrau 