Orleans City Council adopts zoning and parking changes, approves $291,024 contractor payment and directs legal defense in Beach Avenue suit

The Orleans City Council on Sept. 8, 2025, approved three ordinances changing local zoning and parking rules, authorized a $291,024.27 contractor progress payment for the 140th Street and Utility Improvements Phase 1 project, and instructed City Attorney Dave Stein to defend the city in pending Beach Avenue litigation following a closed session.

Mayor Bill Maas presided over the meeting, which began at 7:00 p.m. Council member Rick moved to approve the regular and consent agenda, a motion seconded by Council member Madagan and carried unanimously. The consent package included minutes, clerk and budget reports, claims, the annual financial report, building permits and the police report.

The council closed a public hearing on an encroachment agreement for 184 Beach Avenue after receiving no verbal or written comments. It then approved the third and final reading of Ordinance No. 229, amending Section 2.2.2.11 (Residential Off-Site Accessory Buildings) of the City of Orleans 2017 Zoning Ordinance. Ordinance No. 229 passed on a 2-1 roll-call vote; Council members Rick and Gable voted yes and Council member Madagan voted no.

Council members then adopted Ordinance No. 230, amending commercial and industrial site development regulations, and Ordinance No. 231, amending Chapter 69.08 of the City Code on No Parking Zones. Both ordinances passed by unanimous roll-call votes of those voting on the measures.

On infrastructure matters, the council approved Resolution No. 2025-42, authorizing contractor progress payment No. 5 in the amount of $291,024.27 to Beck Excavating, Inc. of Spirit Lake, Iowa, for work on the 140th Street and Utility Improvements Phase 1 project. The motion passed by roll-call vote. The city engineers also provided a brief project update; no additional action was required.

The council approved Resolution No. 2025-43, an amended professional services agreement with Bolton & Menk, Inc. for construction services related to Beach Avenue, Sunset Park and Sunset Parking Improvement projects. Separately, the council tabled a right-of-way correction request for 252nd Place, submitted by Drew Kramer, until a right-of-way permit is completed and returned. The council approved Resolution No. 2025-44, an encroachment agreement contingent upon acceptance by the property owner.

Council members voted to go into closed session under Iowa Code Chapter 21.5(1)(c) to discuss litigation concerning Beach Avenue. Those present for the closed session included Mayor Bill Maas, City Attorney Dave Stein and council members Madagan, Rick, Gable and Radcliffe; all other attendees were asked to leave. The council returned to open session at 8:15 p.m. and directed City Attorney Dave Stein to defend the city in the Beach Avenue lawsuit. The meeting adjourned at 8:21 p.m.

Votes at a glance: Ordinance No. 229 (Residential Off-Site Accessory Buildings) — approved 2-1 (Rick, Gable yes; Madagan no). Ordinance No. 230 (Commercial/Industrial Site Development) — approved 3-0. Ordinance No. 231 (No Parking Zones; Chapter 69.08) — approved 3-0. Resolution No. 2025-42 (Beck Excavating progress payment No. 5) — approved (amount $291,024.27). Resolution No. 2025-43 (Bolton & Menk amended professional services agreement) — approved. Resolution No. 2025-44 (encroachment agreement contingent on owner acceptance) — approved. Right-of-way correction for 252nd Place — tabled pending permit.

The council heard a presentation from resident Bill Hanby about past and planned street and utility work on N Templar Drive but took no action on that item. City Clerk P. Kay Cmelik attested to the minutes at the meeting's close.

Next procedural steps noted in the meeting record: completion and return of the right-of-way permit for 252nd Place before further council consideration, owner acceptance needed for the 184 Beach Avenue encroachment agreement, and ongoing engineering oversight of the 140th Street and Utility Improvements project.