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HomeMy WebLinkAboutMinutes-03/17/2003r • March 17, 2003 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, March 17, 2003. Mayor John R. Rooff in the Chair. Roll Call: Getty, Kincaid Welper, Greenwood, Jordan, Hurley. Absent: Clark. Invocation by: Eric Thorson, City Engineer. Pledge of Allegiance: Councilperson Bob Greenwood. 117889 - Jordan/Hurley that the Agenda, as amended, for the Regular Session on Monday, March 17, 2003, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Clark. Motion carried. 117890 - Jordan/Hurley that the Minutes, as proposed, for the Regular Session on Monday, March 10, 2003, at 5:30 p.m. and Special Session on Thursday, March 13, 2003, at 8:30 a.m. be accepted and approved. Ayes: Six. Absent: Clark. Motion carried. Mayor Rooff read a proclamation declaring March 16, 2003, Liberty Day and the month of March 2003 as Liberty Month. Mayor Rooff read a proclamation declaring March 16-22, 2003, as Media Democracy Week. CONSENT AGENDA 117891 - Hurley/Jordan that the following items on the consent agenda be received, placed on file and approved: a. Kevin Lee, Fire Department Instructor, to teach class at Marshalltown, Iowa, on March 19, 2003, with costs not to exceed $135.00, including use of city vehicle. b. Kristin Rath, Police Officer, to attend FBI Instructor Development School in Johnston, Iowa, on April 14-18, 2003, with costs not to exceed $293.00, including use of city vehicle. c. Tom Jennings, Police Chief; and John Beckman, Police Captain, to attend FBI Academy Associates Spring 2003 Training Conference in Burlington, Iowa, on April 9-11, 2003, with costs not to exceed $320.00, including use of city vehicle. d. Jim Schneider, Fire Captain; and BC Pierce, Battalion Chief, to take 311 Platform for repair to Weywagee, Wisconsin, on March 10-11, 2003, with costs not to exceed $206.00. e. Rudy Jones, Community Development Director, to attend Community Development Block Grant Training for Practitioners in Washington, D.C., on June 20-25, 2003, with costs not to exceed $1,466.00. f. Michelle Weidner, Chief Financial Officer, to attend Government Finance Officer Association Conference in New York, New York, on May 17-22, 2003, with costs not to exceed $2,775.00. g. Communication from City Clerk transmitting request of Dennis Clark for an exception to burning yard waste to burn approximately one acre of reconstructed prairie grass and approximately three acres of grassland around pond/wetland located behind 2204 Ashland Avenue, together with recommendation of approval of Fire Chief, Leisure Services Director and Superintendent of Waste Management Services. h. Communication from Police Chief transmitting request of Family YMCA of Black Hawk County to hold a 5K Fun Run on May 3, 2003, beginning at 9:00 a.m., with route to begin and end at YMCA on South Hackett Road. Resolution adopted and upon approval by Mayor assigned No. 2003-157. March 17, 2003 Page 2 CONSENT AGENDA CONTINUED i. Beer/Liquor License Permit Application Class C Beck's Pub & Grille, 3295 University (Includes Sunday Sales) Tequila Club, 228 East 4th Street (New) (Expires 3/12/04) (Includes Sunday Sales) Civic Center Waterloo, 200 West 4th Street (Renewal) (Expires 02/28/04) (Includes Sunday Sales) Ramada Inn, 205 West 4th Street (Renewal) (Expires 02/28/04) (Includes Sunday Sales) J• k. Avenue (Renewal) (Expires 3/24/04) Beer License Class B Monte Meyer 03/14/04) Permit Application Pro Shop, Inc., 1830 E. Shaulis Road (Renewal) (Expires (Includes Sunday Sales) Beer License Permit Application Class C 3 Star Mart, 127 Jefferson Street (Renewal) (Expires Sunday Sales) Jim Lind Standard, 230 E. Ridgeway Avenue (Renewal) (Includes Sunday Sales) Falls Road Drug, 2027 Falls Avenue (Renewal) (Expires Sunday Sales) Sam's Club, 210 E. Tower Park Drive (Renewal) (Expires Sunday Sales) 1/31/04) (Expires 04/30/04) 02/28/04) (Includes 04/06/04) (Includes (Includes 1. Wine License Permit Application Class B 3 Star Mart, 127 Jefferson Street (Renewal) (Expires 1/31/04) (Includes Sunday Sales) Sam's Club, 210 E Tower Park Drive (Renewal) (Expires 02/28/04) (Includes Sunday Sales) m. Liquor License Permit Application Class E Sam's Club, 210 E. Tower Park Drive (Renewal) (Expires 02/28/04) (Includes Sunday Sales) n. Liquor License Permit Application Class A Knights of Pythias, 244 Ash Street (Renewal) (Expires 03/08/04) (Includes Sunday Sales) o. Outdoor Service Area Application Monte Meyer Pro Shop, Inc. 1830 E. Shaulis Road (03/15/03 thru 03/14/04) p. Bonds Ayes: Six. Absent: Clark. Motion carried. HEARINGS AND BIDS 117892 - Jordan/Welper that proof of publication of notice of public hearing on the F.Y. 2003 Asphalt Overlay Program, Contract No. 660, as published in the Waterloo Courier on March 10, 2003, be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. 117893 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Greenwood that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. 117894 - Getty/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2003 Asphalt Overlay Program, Contract No. 660", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2003-158. • March 17, 2003 HEARINGS AND BIDS CONTINUED 117895 - Jordan/Welper Page 3 that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2003-159. 117896 - Kincaid/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Total Bid Aspro Inc. & Subsidiaries, Waterloo, IA 5% $2,620,694.20 Ayes: Six. Absent: Clark. Motion carried. 117897 - Jordan/Getty that proof of publication of notice of public hearing on the F.Y. 2003 Sidewalk Repair Program - Zone 3, and Trail Repairs, Contract No. 664, as published in the Waterloo Courier on March 6, 2003, be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. 117898 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Welper that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. 117899 - Hurley/Jordan that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2003 Sidewalk Repair Program - Zone 3, and Trail Repairs, Contract No. 664", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2003-160. 117900 - Jordan/Kincaid that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2003-161. 117901 - Getty/Kincaid to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Total Bid Bowers Masonry, Inc., Waterloo, IA 5% $99,908.29 Borwig Building Service, Waterloo, IA 5% $102,780.64 Rampart Corporation, Waterloo, IA 5% $97,580.36 VanDorn Construction, Cedar Falls, IA 5% $103,048.70 B & B Builders, Waterloo, IA 5% $101,786.06 Ayes: Six. Absent: Clark. Motion carried. PETITIONS FROM PUBLIC 117902 - Getty/Welper that communication from City Planner transmitting request of Schenk Engineering to vacate property generally located at the northerly end of Pheasant Lane between Lots 151 and 152 in Granger's Second Addition for the construction of a cul-de-sac, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as April 7, 2003, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval of Mayor assigned No. 2003-162. March 17, 2003 Page 4 HEARINGS 117903 - Welper/Greenwood that proof of publication of notice of public hearing on request of Norm Hayek to rezone from "A-1" Agricultural District to "R-1" Residential District property generally located in the 4600 block of West 4th Street for the purpose of developing a single family residential subdivision, as published in the Waterloo Courier on March 5, 2003, be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. 117904 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Welper that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. 117905 - Hurley/Kincaid that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 337 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Clark. Motion carried. 117906 - Jordan/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Clark. Motion carried. 117907 - Getty/Jordan that "an Ordinance, Property", Ayes: Six Ordinance amending Ordinance No. 2479, as amended, City Zoning by adding Subsection No. 337 to Section 2A-5, Rezoning Certain be considered and passed for the second and third times and adopted. . Absent: Clark. Ordinance adopted and upon approval by Mayor assigned No. 4600. PETITIONS FROM PUBLIC 117908 - Hurley/Jordan that communication from City Planner transmitting request of John and Deliah Thompson to rezone from "R-2" One and Two Family Residence District to "C -1,C - Z" Conditional Zoning property generally located along 2900 block of Lafayette Street for the purpose of construction of a commercial/residential building, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as April 14, 2003, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval of Mayor assigned No. 2003-163. 117909 - Greenwood/Welper that communication from City Planner transmitting request of Duane and Leita Thoms to rezone from "M-1" Light Industrial District to "C-2" Commercial District property generally located at 1058 West Airline Highway, just west of Burton Avenue, for purpose of refinancing existing home, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as April 14, 2003, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval of Mayor assigned No. 2003-164. • March 17, 2003 DOCUMENTS 117910 - Welper/Greenwood Page 5 that communication from Police Chief transmitting an application with the Department of Justice, Bureau of Justice Assistance, in conjunction with 2003 Bulletproof Vest Partnership to purchase 50 bulletproof vests, with city paying 50 percent of costs, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2003-165. 117911 - Hurley/Jordan that communication from Community Planning and Development Director transmitting an agreement with Vandewalle & Associates to provide implementation services for the Riverfront Renaissance Plan Project, with cost not to exceed $70,000.00, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Bill Bartels, 646 Summit, stated he was surprised no one spoke in opposition to this while he was gone. Mr. Bartels asked how can the council issue GO Bonds to pay Vanderwalle, and that he feels the citizens should have something to say about how they will be taxed and not just seven people. Mr. Bartels stated that Vanderwalle has been paid $65,000, $60,000, $57,000 and now $70,000 more this year with money the city doesn't have, and the Waterloo Development Corporation is going to pay $50,000. Mr. Bartels asked how much of Vision Iowa is really going for the river and how much for The Center For The Arts. Mayor Rooff responded that the city does have a plan and the council has reviewed it several times. Mayor Rooff invited Mr. Bartels to stop by and review the plan at any time. Nate Blank asked what the city is doing with grass and leaves. Mr. Blank stated Councilperson Greenwood has suggested mulching, but he has two lots. Mr. Blank stated the proposed yard waste cans have enough room to hold two cuttings. Mr. Blank suggested the city put extra tubs by the recycling tubs for disposal of grass and weeds. Mayor Rooff responded that the council is still addressing this issue. Tim Shea, Superintendent of Waste Management, reported that the city has sent out a survey to approximately 5,000 customers asking for their opinion. Mayor Rooff asked Mr. Shea to give Mr. Blank a copy of the survey. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2003-166. 117912 - Kincaid/Getty that communication from Community Planning and Development Director transmitting request to submit a final proposal to the U.S. Environmental Protection Agency for Brownfields Assessment Grant in the amount of $300,000.00 to perform environmental site assessment on the former Chamberlain Manufacturing facility located at East 4th and Esther Streets be received, placed on file and "Resolution approving submittal of said final proposal", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2003-167. 117913 - Welper/Hurley that communication from Associate Engineer transmitting Right of Entry Agreement with John Deere to allow them to remove trees along the bottom of Black Hawk Creek between U.S. Highway 218 and the railroad bridge north of Westfield Avenue be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2003-168. March 17, 2003 Page 6 DOCUMENTS CONTINUED 117914 - Getty/Jordan that communication from City Planner transmitting Preliminary Plat of Klingaman Park Third Addition, together with Engineering Department review and staff report, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2003-169. 117915 - Getty/Jordan that communication from City Planner transmitting Preliminary Plat of Nottingham Addition, together with Engineering Department review and staff report, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2003-170. 117916 - Hurley/Jordan that communication from Building Official/Maintenance Administrator transmitting Change Order No. G-7 for a net increase in the amount of $666.00 and Change Order No. G-8 for a net increase in the amount of $6,102.00 for work to be performed by Prairie Construction Company in conjunction with 2003 Five Sullivan Brothers Convention Center Renovation Project, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Clark. Motion carried. 117917 - Jordan/Greenwood that communication from Associate Engineer transmitting Notice of Intent for National Pollutant Discharge Elimination System (NPDES) Coverage Under General Permit with the Iowa Department of Natural Resources in conjunction with San Marnan Drive Turn Lane Construction, Contract No. 647, STP -U-8155(657)-70-07, be received, placed on file and "Resolution approving said Notice of Intent", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2003-171. 117918 - Jordan/Greenwood that communication from Associate Engineer transmitting Notice of Intent for National Pollutant Discharge Elimination System (NPDES) Coverage Under General Permit with the Iowa Department of Natural Resources in conjunction with Highway 218/CVLT, Phase I, and Trolley Car Trail, Contract No. 584, STP -ES - E8155(42) -8T-07, be received, placed on file and "Resolution approving said Notice of Intent", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2003-172. RESOLUTIONS TO BE ADOPTED 117919 - Jordan/Getty that communication from City Planner transmitting request of Schenk Engineering to dedicate portions of Lots 152 and 153 located in Granger's Second Addition for construction of a cul-de-sac on Pheasant Lane be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2003-173 117920 - Jordan/Getty that "Resolution authorizing various bond proceed reallocations", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2003-174. • i March 17, 2003 RESOLUTIONS TO BE ADOPTED CONTINUED 117921 - Hurley/Jordan • Page 7 that communication from Executive Director of Waterloo Convention & Visitors Bureau transmitting recommendation of allocation of 2003-2004 hotel/motel grant funds be received, placed on filed and "Resolution approving said allocation", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2003-175. 117922 - Jordan/Kincaid that "Resolution establishing Special Waste Authorization Tag Policy for appliances and waste tires", be adopted and Superintendent of Waste Management Services instructed to implement policy. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2003-176. BILLS PAYMENT 117923 - Jordan that "Resolution approving Schedule AP640, pp. 1-107, dated March 17, 2003, in the amount of $1,002,271.48, a copy of which is on file in the City Clerk's Office", be adopted, together with recommendation of approval of the Finance Committee. Ayes: Six, with Councilperson Hurley abstaining on PV in the amount of $29.23. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2003-177. NEW BUSINESS 117924 - Hurley/Jordan that communication from City Planner transmitting proposals from Young Plumbing & Heating Company to purchase Lot I for $13,500.00 and Cindy and Larry Weber to purchase Lot E for $25,000.00 generally located along Greenhill Road and Katoski Drive be received, placed on file and "Resolution setting date of hearing as April 7, 2003, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2003-178. 117925 - Jordan/Welper to instruct Superintendent of Traffic Operations to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2003 Traffic Signal Materials for Frontage Road Intersection at 3700 Block of University Avenue, Contract No. 673, be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. 117926 - Jordan/Greenwood that plans, specifications, form of contract, etc. in conjunction with F.Y. 2003 Traffic Signal Materials for Frontage Road Intersection at 3700 Block of University Avenue, Contract No. 673, be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. 117927 - Jordan/Greenwood that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2003-179. 117928 - Welper/Jordan that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as April 7, 2003, at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2003-180. March 17, 2003 Page 8 NEW BUSINESS CONTINUED 117929 - Greenwood/Jordan to instruct Leisure Services Director to prepare specifications, form of contract, etc. in conjunction with 2003 Right of Way Mowing be received, placed on file and approved. Ayes: Six. Absent: Clark. Motion carried. 117930 - Getty/Jordan that specifications, form of contract, etc. in conjunction with 2003 Right of Way Mowing be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. 117931 - Jordan/Getty that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2003-181. 117932 - Hurley/Jordan that "Resolution setting date of hearing on specifications, form of contract, etc. as March 31, 2003, at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2003-182. 117933 - George Warren stated that everyone has been working hard to do something with the SSMID, and it is now an emergency and he has managed to talk to both sides. Mr. Warren stated that Main Street Waterloo has been in effect for many years and it is a good program, which uses lots of volunteers, and he would hate to lose those volunteers. Mr. Warren stated he feels it is imperative the program moves on. Mr. Warren stated he would like to see it continue on and the majority of downtown property owners want to see it go on. Mr. Warren stated the downtown property group and Main Street Waterloo have reached an agreement, with the City of Waterloo to be a third party. Mr. Warren stated they feel they have eight property owners who changed their mind before last Monday, which would put the petitions filed by Rene Dupont under 40 percent. Mr. Warren stated both the city and Main Street Waterloo will be big losers if the SSMID is not passed. Mr. Warren stated it would be a shame to lose $109,000 from the SSMID, and that Main Street will not be able to continue to make payments on the debt the city co-signed, and that debt will fall on the city. Mr. Warren asked the city to consider if all three groups can get together. Mayor Rooff responded he does not have the authority to sign anything without council approval. Mayor Rooff stated the Chief Financial Officer spoke with the Department of Management who confirmed to proceed with our budget without the SSMID because of the petition. Mayor Rooff stated he is not sure legally what the city can do. Mayor Rooff stated we all want to support a vital downtown. Mr. Warren stated there is no case law, and it is for the council to decide. Mr. Warren asked the council to approve the SSMID, and if there is opposition or if the council decides it can't beat the opposition, then it could go to court. Mr. Warren reiterated the city is risking losing $109,000 from the SSMID. Mayor Rooff stated that three or four of the downtown property owners have been very actively trying to make the SSMID survive. Mayor Rooff stated a petition could be filed with the court to put the SSMID back on and the court could order that. Jim Walsh, City Attorney, stated the council can vote for it if it once to. Mr. Walsh stated he has given his legal opinion, but there is no case law on this. The SSMID tax is a voluntary tax, but the budget was certified today. Mr. Walsh stated he doesn't know if we can unring the bell at this time. Mr. Walsh stated there is nothing on the today's agenda for the council to vote on, and voting could compound earlier problem because it is not on the agenda. Councilperson Getty asked if Rene Dupont has put it in writing to withdraw the petitions he filed, and Mr. Warren answered yes. Councilperson Getty stated the groups have fought for months. Councilperson Getty stated the State Law says the SSMID is over, and he thinks the council has done everything legal. Councilperson Getty suggested that both groups get together and bring back an agreement to theuncil. • 4111 March 17, 2003 o Page 9 NEW BUSINESS CONTINUED Councilperson Greenwood stated th at he feels if both sides have reconciled, the city needs to backpedal and do everything we can to allow them to pay the voluntary tax. Councilperson Hurley stated he agrees with Councilperson Greenwood, but asked if a motion is put forth tonight is it any good, and the city has to show moneys received and disbursed in our budget. Mr. Walsh stated the law requires us to give reasonable notice of items on the agenda, and those against the SSMID have not been notified. Mr. Walsh stated the agreement has changed from what was originally proposed as it transfers money from Main Street Waterloo to someone else. Michelle Weidner, Chief Financial Officer, stated she would have to pursue this with the Iowa Department of Management tomorrow morning. Councilperson Getty stated all council members want to help, but how do we get there when the law says it is done. Mr. Walsh suggested the property owners do a new petition stating what they will do with the money, but it would not take affect this year. If we have a consensus, the SSMID would be in place for next year. Councilperson Hurley stated everyone agrees we would like to see good things for the downtown. If last Thursday we had voted to adopt the SSMID pending legal opinion, we could have had a door open. Councilperson Hurley asked if the council should forge ahead and pass the SSMID pending legal review. Mr. Walsh stated there are a whole list of things that have to be done, and that the SSMID must be filed with the County Auditor by March 15. Councilperson Getty stated that Iowa Code says once the petition if filed, the council can't take any action. Mayor Rooff asked if downtown business owners vote to have the SSMID this year could the city appeal to the court for this year. Mr. Walsh responded no that we could not file now as the Court House is close and the SSMID should have been filed today. Councilperson Greenwood stated if the council makes the motion and it passes, it would be all right unless someone complains. Mr. Walsh stated that nothing would happen unless someone complaints, but the council needs to follow the law. Mr. Walsh stated he does not feel Black Hawk County would accept it anyway. Councilperson Hurley stated it sounds like the best way is to put together a SSMID proposal and bring it back to the council, it would just have an effective date of July 1, 2004. Councilperson Getty stated he wants to help Main Street Waterloo, but legally the council cannot since the petition was filed and the law says it is over. Donna Nelson, 514 Columbia Circle, stated she wished the council could find some way to agree tonight, and if it is wrong hold a meeting on Wednesday and withdraw tonight's action. Ms. Nelson stated the property owners and Main Street Waterloo have a signed agreement, and she is sure Mr. Walsh is smart enough to help them. Mayor Rooff responded the council cannot make a motion tonight as a notice was not given. Jordan/Welper that the council hold a special meeting on Thursday, March 20, 2003, and the Self -Supported Municipal Improvement District be placed on the agenda. Ayes: Six. Absent: Clark. Motion carried. ADJOURNMENT 117934 - Getty/Jordan that the Council adjourn at 6:44 p.m. Ayes: Six. Absent: Clark. Motion carried. reA t 12, t_.+. Nancy Eckert City Clerk