HomeMy WebLinkAbout08/23/1999August 23, 1999
The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council
Chambers, Waterloo, Iowa, at 7:00 p.m., Monday, August 23, 1999, Mayor John R. Rooff
in the Chair. Roll Call: Getty, Murphy, Jordan, Krizek, Gronen, Collier, Anders.
Invocation by: Rev. William Thalacker, Trinity American Lutheran Church.
Pledge of Allegiance: Don Temeyer, City Planner.
112651 - Jordan/Murphy
that the Agenda, as amended, for the Regular Session on Monday, August 23,
1999, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried.
112652 - Collier/Gronen
that the Minutes, as proposed, for the Regular Session on Monday, August 16,
1999, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried.
Mayor Rooff performed swearing-in oirefighters Maria Langreck and Jason
Kayser.
Mayor Rooff read a proclamation declaring September 1999 as America Goes Back
to School: Get Involved! Month.
HEARINGS AND BIDS
112653 - Collier/Murphy
that proof of publication of notice of public hearing on the proposed F.Y.
1999 Ansborough Avenue Drainage Improvement-Gatewell M, Contract No. 600, as
published in the Waterloo Courier on August 6, 1999, be received and placed
on file. Ayes: Seven. Motion carried.
112654 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Jordan/Gronen
that the hearing be closed and oral- and written comments be received and
placed on file. Ayes: Seven. Motion carried.
112655 - Murphy/Jordan
that "Resolution confirming approval of plans, specifications, form of
contract, etc. in conjunction with F.Y. 1999 Ansborough Avenue Drainage
Improvement-Gatewell M, Contract No. 600", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1999-567.
112656 - Krizek/Jordan
that "Resolution ordering construction in conjunction with above said
project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1999-568.
112657 - Collier/Gronen
to receive, file and instruct City Clerk to open and read bids and refer to
City Engineer for review:
Bidder Bid
Bond
Peterson Contractors, Inc. 5%
Reinbeck, IA
Rampart Corporation
Waterloo, IA
Base
Bid
Alternate
Bid No. 1
$570,900.00 $619,900.00
Alternate
Bid No. 2
$511,900.00
Alternate
Bid No. 3
$529, 900.00
5% $492,412.25 $532,270.25 $433,670.25 $449,945.25
Taylor Construction, Inc. 5% $565,585.00 $605,710.00 $506,292.00 $522,697.00
New Vienna, IA
Ayes: Seven. Motion carried.
112658 - Getty/Murphy
that proof of publication of notice of public hearingion the proposed F.Y.
2000 Sidewalk Repair Assessment Program -Zone 10, Contract No. 605, as
published in the Waterloo Courier on August 10, 1999, be received and placed
on file. Ayes: Seven. Motion carried.
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August 23, 1999 Page 3
HEARINGS CONTINUED
112668 - Getty/Jordan
that proof of publication of notice of public hearing on request of National
Cattle Congress for a site plan amendment to the "M -2,P" Planned Industrial
District for reuse of the Greyhound Park for construction of a racetrack
facility, as published in the Waterloo Courier on August 3, 1999, be received
and placed on file. Ayes: Seven. Motion carried.
112669 - This being the time and place of public hearing, the Mayor called for oral
and written objections.
Mayor Rooff stated that the City Clerk has petitions on file which reflect
3,273 in favor of the track at Greyhound Park, with 341 opposed. Of the
3,273 in. favor, 1,570 are residents of Waterloo, 506 are residents of Cedar
Falls, with 1,197 from areas outside of Waterloo. In addition, a petition
with 264 signatures in favor of the racetrack was received at tonight's work
session.
Mayor Rooff stated that a 50 minute council work session was held prior to
tonight's council meeting. Mayor Rooff stated that the council cannot vote
on the racetrack issue. The City Attorney prepared a brief which states that
the Board of Adjustment has the authority to act on variances and permits.
Mayor Rooff stated that the Planning, Programming and Zoning Commission has
forwarded a site plan amendment to the "M -2,P" Planned Industrial District to
use Greyhound Park for construction of a racetrack. Mayor Rooff commented
that the council will hold a public hearing to address the site plan
amendment. Mayor Rooff stated if the council approves the site plan
amendment, the National Cattle Congress can go aheadwith the racetrack
facility. A citizen or group could file an appeal of the Board of
Adjustment's decision in District Court, which would halt construction of the
racetrack pending the outcome of the appeal. Mayor Rooff stated that the
National Cattle Congress would like clarification-. on the Board of
Adjustment's approval of an "event." Mayor Rooff stated that in addition to
the site plan amendment, there is a hearing on tonight's agenda on the sale
and conveyance of the lake property located at the Greyhound Park to the
National Cattle Congress, and the council's decisionon the site plan
amendment will determine whether to continue with the hearing on the sale and
conveyance of the lake property.
Jim Walsh, City Attorney, stated that the council has no role in the appeal
of the Board of Adjustment's decision. Mr. Walsh stated that the Board of
Adjustment can be reversed but in District Court, not by the council. Mr.
Walsh stated that the council can ask the Board of Adjustment to reconsider
their decision. Mr. Walsh commented that the site plan amendment requires a
majority vote of the council, but a 2/3 majority vote of the council to
override the decision of the Planning, Programming and Zoning Commission.
Judy McVey, General Manager of the National Cattle Congress, stated that
after listening to everyone's concerns at the work session, the National
Cattle Congress would like to go ahead with a noise study. Ms. McVey asked
for a timetable from the council as to when the site plan amendment will
brought back to the council for consideration as they have already lost this
construction season.
A resident stated that years ago the National Cattle Congress tried to get
casino gambling at the Greyhound Park, but was voted down by the citizens.
She stated that the racetrack is for the betterment of all Waterloo. She
commented that there are over 40 drivers in Waterloo who have to go out of
town to race. She stated that proponents of racing at the Greyhound Park
have gone through every step, yet opponents do not want racing. She stated
that her son races at Allison and Vinton where the racetracks are located at
the fairgrounds, and that Waterloo has a perfect place for a racetrack. She
commented that all the people from out of town who signed the petition in
favor of the racetrack will visit our community, bringing revenue to
Waterloo. She stated that a racetrack is a perfect use of the building
rather than having weeds.
Randy Johnson, President of Audubon Park, stated that the National Cattle
Congress was asked to do a noise study in April 1999. Mr. Johnson also
requested that an economic impact study also be prepared.
Forrest Dillavou, 1725 Huntington Road, stated that he has a sports complex
near his home, and he can hear the activities. Mr. Dillavou commented that
no sound study was required when the sports complex was constructed, and he
asked why the council is requiring a noise study when there are residents a
mile away from Greyhound Park.
Jordan/Collier
to table said site plan amendment for 30 days, remand back to the Board of
Adjustment, with recommendation that sound and economic impact studies be
performed.
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August 23, 1999 Page 5
UNFINISHED BUSINESS CONTINUED
112673 - Anders/Collier
that communication from Associate Engineer transmitting recommendation of
award of contract to Youngblut Contracting, Inc. of Washburn, Iowa, in the
amount of $74,677.31 in conjunction with the F.Y. 2000HannaBoulevard and
Rainbow Drive Box Culvert Improvements -Phase I, Contract No. 599, be
received, placed on file and "Resolution approving award of said contract",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1999-573.
112674 - Anders/Collier
that communication from Facilities Maintenance Supervisor transmitting
recommendation of award of contract to A'Hearn Plumbing of Waterloo, Iowa, in
the amount of $47,540.00 in conjunction with City Hall Boiler Replacement, be
received, placed on file and "Resolution approving award of said contract",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1999-574.
112675 - Anders/Getty
that request of Warrior Paintball for a variance to Sections 27-4 and 27-5 of
the Code of Ordinances, which prohibits discharging of firearms and
discharging and possessing air rifles, to allow operation of a paintball
gaming system on Airline Highway, be reconsidered.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Jordan stated that the council needs tothink about how they
want to promote violence, potential violence in the community. Councilperson
Jordan stated that in tonight's paper a report from the Iowa Department of
Education shows that Waterloo Community Schools led the state last year in
the number of students expelled for bringing weapons to school.
Councilperson Jordan stated what a great thing to be known for, and he is
sick and tired of the bad image Waterloo gets. Councilperson Jordan stated
that we should have zero tolerance.
Councilperson Gronen stated that our society has become desensitized and
asked if our society is raising boys to be violent. Councilperson Gronen
stated that he tries to be pro-business, but in this case he strongly echoes
Councilperson Jordan's comments. Councilperson Gronen stated that this type
of game is dangerous to our society.
Councilperson Murphy stated that players under 18 must have their parents' ,
consent. Councilperson Murphy stated that he does not approve of the
paintball gaming system, and the council needs to stop it.
Following comments a vote was taken on the above motion with the following
result. Ayes: Four. Nays: Murphy, Jordan, Gronen. Motion carried.
112676 - Anders/Getty
that communication from Senior Planner transmitting request of Warrior
Paintball for a variance to Sections 27-4 and 27-5 of the Code of Ordinances,
which prohibits discharging of firearms and discharging and possessing air
rifles, to allow operation of a paintball gaming system. on Airline Highway,
be received, placed on file and "Resolution approving said request", be
adopted.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Anders stated that players under 16 must be accompanied by a
parent or a guardian and a participant under 18 years old must have their
parent's consent.
Mayor Rooff stated that personally he believes it is the wrong message to
send out to our youth.
Jerry Shatzer, 1829 West 7th Street, stated that thedictionary says that
"aggressive" is an act of making an unprovoked attack. Mr. Shatzer stated
that there is not a perfect society. Mr. Shatzer stated that you will not
find one person associated with paintball responsible for killing in the
schools.
Following comments a vote was taken on the above motion with the following
result. Ayes: Four. Nays: Murphy, Jordan, Gronen.
Resolutionadopted and upon approval by Mayor assigned No. 1999-575.
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August 23, 1999 Page 7
DOCUMENTS
112684 - Krizek/Getty
that communication from Associate Engineer transmitting, Completion of Project
and Recommendation of Acceptance of Work performed by Peterson Contractors,
Inc. of Reinbeck, Iowa, in conjunction with the F.Y. 1999 Demolition for
Waterloo Industries Site -Phase II, Contract No. 606, be received, placed on
file and "Resolution approving said documents", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1999-583.
112685 - Krizek/Getty
that communication from Associate Planner transmitting an application for
Howard L. Allen for tax exemptions on improvements totaling $7,000.00 for
property located at 1020 Independence Avenue in the Consolidated Urban
Revitalization Area Plan, be received, placed on file and "Resolution
approving said application", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1999-584. •
112686 - Krizek/Getty
that communication from Associate Planner transmitting an application for Ira
L. Frizell for tax exemptions on improvements totaling $60,000.00 for
property located at 514 Sherman Avenue in the Consolidated Urban
Revitalization Area Plan, be received, placed on file and "Resolution
approving said application", be adopted. Ayes: seven.
Resolution adopted and upon approval by Mayor assigned No. 1999-585.
112687 - Krizek/Getty
that communication from Assistant City Engineer transmitting Construction
Plans for Alley paving serving Antioch Baptist Church, as submitted by Van
Winkle -Jacob Engineering, Inc., be received, placed on file and "Resolution
approving said document", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1999-586.
112688 - Krizek/Getty
that communication from Assistant City Engineer transmitting Construction
Plans for sanitary sewer serving South Waterloo Commercial Park, as submitted
by Wayne Claassen Engineering & Surveying, Inc., and Sewage Treatment
Agreement DNR Form 29 with the Iowa Department of Natural Resources, be
received, placed on file and "Resolution approving said documents", be
adopted and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1999-587.
112689 - Krizek/Getty
that communication from Associate Engineer transmitting Contracts, Bonds and
Certificates of Insurance in the amount of $47,511.39 from B W Contractors,
Inc. of Cedar Falls, Iowa, in conjunction with F.Y. 2000 Sidewalk Repair
Block Grant Program -Zone 10, Contract No. 604, be received, placed on file
and "Resolution approving said documents", be adopted and Mayor and City
Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1999-588.
112690 Krizek/Getty
that communication from Associate Engineer transmitting Contracts, Bonds and
Certificates of Insurance in the amount of $190,925.95 from Denter
Corporation of Waterloo, Iowa, in conjunction with F.Y. 1999 Parking Lots No.
5 and 8 Reconstruction, Contract No. 592, be received,.. placed on file and
"Resolution approving said documents", be adopted and Mayor and City Clerk
authorized to execute same. Ayes: Seven.
Resolutionadopted and upon approval by Mayor assigned No. 1999-589.
112691 - Krizek/Getty
that communication from Associate Engineer transmitting Contracts, Bonds and
Certificates of Insurance in the amount of $74,677.31 from Youngblut
Contracting, Inc. of Washburn, Iowa„ in conjunction with F.Y. 2000 Hanna
Boulevard and Rainbow Drive Box Culvert Improvements -Phase I, Contract No.
599, be received, placed on file and "Resolution approving said documents",
be adopted and Mayor and City Clerk authorized to execute. same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1999-590.
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August 23, 1999 Page 9
ORDINANCES TO BE ADOPTED CONTINUED
112698 - Collier/Gronen
that "an Ordinance amending 1999 Traffic Code by: repealing Subsection (135)
Shaulis Road of Section 543, Thru Streets; and enacting in lieu thereof a new
Subsection (135) Shaulis Road of Section 543, Thru '-Streets; and adding
Subsection (2a) Arlington and Hope to Section 544, All -Way Stop
Intersections; and repealing Subsection (21a) Hess Road and Shaulis Road of
Section 544, All -Way Stop Intersections; and adding Subsections (6a) Fairview
Avenue and (lla) Longfellow Avenue to Section 545, Yield Streets; and adding
Subsection (10) Windsor Drive to Section 546, Yield Intersections; and
repealing Subsections (21) Avon Avenue and (379) Sycamore Street of Section
551, Parking Prohibited at All Times on Certain Streets; and enacting in lieu
thereof new Subsections (21) Avon Avenue and (379) Sycamore Street of Section
551, Parking Prohibited at All Times on Certain Streets; and adding
Subsection (8a) Sycamore Street to Section 571, No Parking 8:00 A.M. to 4:00
P.M. (removing stop signs on Shaulis Road at Hoff Road; installing 4 -way stop
signs at Arlington Street & Hope Avenue; installing yield signs on Fairview
Avenue and on Longfellow Avenue; installing yield signs. on Windsor Drive at
Derbyshire Road; installing 'no parking this side° signs on Avon Avenue; and
removing 'no parking' signs on Sycamore Street and installing 'no parking
8:00 a.m. to 4:00 p.m.' signs)", be considered and passed for the second and
third times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4378.
BILLS PAYMENTS
112699 - Murphy
that "Resolution approving Schedule AP640, pp. 1-75, dated August 23, 1999,
in the amount of $1,174,087.74, a copy of which is on file in the City
Clerk's Office", be adopted, with recommendation of approval of the Finance
Committee. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1999-595.
NEW BUSINESS
112700 - Gronen/Collier
that communication from Mayor Rooff transmitting recommendation of
reappointment of the following to the Airport Area Development Authority:
Rick Young and Eric Johnson, with term expiration date of January 16, 2001,
and Bob Fahr and Jerry Anders, with term expiration date of January 16, 2002,
and appointment of Ken Lockard, Gary Sharp and Ike Leighty, with term
expiration date of January 16, 2003, be received, placed on file and
approved. Ayes: Seven. Motion carried.
TRAVEL REQUESTS
112701 - Krizek/Anders
that the following travel requests, with expenses not to exceed amount shown,
be received, placed on file and approved:
1. Noel Anderson, Senior Planner, and Terry Malone, Associate Planner, to
attend the 1999 Back -to -School Conference Placemaking: Creating,
Protecting, and Preserving Places in Iowa in Iowa City, Iowa, on
September 9-10, 1999, with costs not to exceed $202.00, including use of
city vehicle.
2. Tom Lanigan, Fire Marshal; Dave Boesen, Arson Investigator; and Mike
Zimmerman, Inspector, to attend the Iowa Chapter Fire Investigation
Seminar and Annual Meeting of the International Association of Arson
Investigators in Ames, Iowa, on September 21-24, 1999, with costs not to
exceed $933.90, including use of city vehicle.
3. Doug Erpelding, Plan Review Specialist, to attend Preparing Design
Professionals and Owners to Detect Deficiencies in Working Drawings and
Specifications Conference in Madison, Wisconsin, on November 15-18,
1999, with costs not to exceed $1,065.00, including use of city vehicle.
4. Deborah Collett, Assistant Housing/Block Grant Program Manager; and
Julie Snider, Housing Coordinator, to attend 1999 Iowa NAHRO Fall
Conference in West Des Moines, Iowa on October 6-8, 1999, with costs not
to exceed $379.00 and $369.00, respectively, including use of city
vehicle.
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COUNCIL WORK SESSION
August 23, 1999
6:00 p.m.
Council Chambers
Members present: Mayor Rooff, Getty, Murphy, Jordan, Krizek, Gronen, Collier, Anders.
Moved by Jordan, seconded by Collier that the Agenda, as proposed, be approved. Ayes: Seven.
Motion carried.
Mayor Rooff reported that there are two items on tonight's council agenda which involve the
National Cattle Congress. There is a site plan amendment for use of the Greyhound Park for
construction of a racetrack facility and the sale and conveyance of the lake property located at the
Greyhound Park to the National Cattle Congress. Mayor Rooff stated that the work session was
scheduled to clarify what the council can do, summarize what has happened and receive input
from citizens.
Mayor Rooff reported that he received a brief from the City Attorney regarding the action
required by the council. The council can only act on the site plan amendment. Many thought the
council would vote on the racetrack. The brief stated that the Board of Adjustment (a group
appointed by the council) has the authority to act on variances and permits. The Board of
Adjustment's decision cannot be superseded by the council, but by the District Court. Mayor
Rooff stated that the Board of Adjustment is ruled by Iowa Code, and he believes it was created
that way to take the politics out of decisions.
Jim Walsh, City Attorney, stated that the State Code leaves the issue of special permits to the
Board of Adjustment, and that the Board of Adjustment does not answer to the council. The
Board of Adjustment can be reversed, but in District Court, not by the council. The State Code
sets out the procedure. Mr. Walsh stated that the Zoning Ordinance requires a site plan for
businesses. In this case, a hearing was held by the Planning, Programming and Zoning
Commission, and the Zoning Ordinance requires approval of the site plan. Mr. Walsh reported
that the council cannot overrule the Board of Adjustment on their decision but can approve the
site plan.
Mayor Rooff stated that if the council is comfortable with the site plan amendment and approves
the site plan amendment, the National Cattle Congress can go ahead with the racetrack facility. A
citizen or group could file an appeal of the Board of Adjustment's decision in court and it would
stop the National Cattle Congress. Mayor Rooff stated that the council could ask for additional
information on the sound or size of the racetrack before making a decision on the site plan
amendment. If the report comes back that the race track would not affect property, citizens
would have to make a decision to file an appeal in court.
Mayor Rooff reported that petitions have been received with 3,273 in favor of the racetrack at
Greyhound Park, with 1,570 signatures from Waterloo, 506 from citizen residing in Cedar Falls,
and 1,197 from other areas. Petitions have been received from 341 opposing the racetrack.
Mayor Rooff noted that opponents have said that the Cattle Congress could hold races four times
per week, but the Board of Adjustment has said only one race could be held per week.
L. C. Hennessey, 717 Eastgate, stated that it seems we will be going from one dog to another,
and that it seems the National Cattle Congress has done that for years. Mr. Hennessey asked who
is making money out of this. Mr. Hennessey commented if the city wants to give the land for
$1.00, he will give the city $2.00.
Dr. Sue Maclellan-Tobert, 1823 Partridge Lane and a member of Audubon Park Association,
stated that she would like to recommend the council ask the Board of Adjustment to review this
request. The noise issue has not been addressed by an expert. The recommended noise level is 80
decimals and the highway already produces 82 decimal. Dr. Maclellan-Tobert referred to the
report prepared for the National Cattle Congress by Coffeen Fricke & Associates, Inc. The report
states that there can be many variations in racetrack construction and surrounding land forms.
Weather conditions as well as racing conditions will also affect noise levels. These variations will
affect the noise level measured at each track and at different locations surrounding a particular
Council Work Session
August 23, 1999
Page 2
track. Dr. Maclellan-Tobert stated that a racetrack could have an economic impact, cause traffic
congestion, declining property values, and alcohol consumption. Dr. Maclellan-Tobert stated that
other communities have seen a decline in property value, which could lower the tax base. Dr.
Maclellan-Tobert questioned if the National Cattle Congress has presented a realistic view, and
urged the council to request the National Cattle Congress present a third party study on economic
impact and sound. Dr. Maclellan-Tobert asked the council to send the racetrack permit back to
the Board of Adjustment.
Mayor Rooff asked if an economic impact study can be rendered effectively before a noise study.
Mayor Rooff stated that a noise study should be done before an impact study.
Bill Bross, 4215 Chris Line Drive, stated that he does not oppose racing or doing something
constructive at Greyhound Park, but would like the economic impact and noise studies completed
first. Mr. Bross commented that his solitude and property value are at stake.
Mayor Rooff asked Mr. Bross if the economic impact study and noise study came back that a
racetrack at Greyhound Park would not affect house values in the area or his solitude, would he
support the racetrack.
Mr. Bross stated that if it could be demonstrated that the property values and solitude would not
be affected, he would not oppose racing at Greyhound Park.
Randy Johnson, President of Audubon Park Association, stated that at the first meeting of the
Planning, Programming and Zoning Commission the motion was for the National Cattle Congress
to do a study on documented affects to neighborhoods. Two months later, the National Cattle
Congress came with 32 pages of information, and only 1 page addressed the impact. Mr. Johnson
reported that the National Cattle Congress has presented a letter from a Realtor in Cedar Rapids
who was responding to the affects of the racetrack at Hawkeye Downs on the residential property
value in the area. The Realtor concludes that those residential neighborhoods closest to the track
have property values that are more reflective of the care and condition of the residence than from
the proximity to the track. Mr. Johnson stated that the National Cattle Congress is having our
city assume that with the remarks from the Cedar Rapids Realtor, we would not be affected. Mr.
Johnson stated that they went to Cedar Rapids and visited the Hawkeye Downs area. The area
around Hawkeye Downs is primarily commercial, not residential. Mr. Johnson stated that the
area around the Greyhound Park is mostly residential, not commercial. Mr. Johnson stated there
are over 575 homes in the Greyhound Park area and only 100 homes in the Hawkeye Downs area.
Mr. Johnson does not believe the National Cattle Congress is comparing apples to apples. Mr.
Johnson stated that he asked the Realtor several questions, and he informed the Realtor that his
letter was being used to show that the racetrack would not affect the values of homes in the
Greyhound Park area. The Realtor informed Mr. Johnson that his letter was not meant for that,
and that he wanted out of this issue. Mr. Johnson stated that he has no problem with a race track,
but that the National Cattle Congress has had 21/ months to bring back information, and they
have not. Mr. Johnson asked for a sound study and an independent impact study on property
values. Mr. Johnson stated that they are not against racing, but Greyhound Park is the wrong
location. Mr. Johnson stated that we cannot afford to have multi activities. Mr. Johnson
commented that go-cart racing is the loudest. Mr. Johnson stated that a lot of people support
racing, and we should have it.
Mayor Rooff stated that people want racing. Opponents say lets have racing but not in a way that
it will impact value, but to at least have a study on the noise and economic impact. Mayor Rooff
stated that if the council passes the site plan amendment, someone will appeal the permit to the
District Court. Mayor Rooff stated that it would take a 2/3 vote of the council to override the
decision of the Planning, Programming and Zoning Commission. Mayor Roofs stated that the
council could table action on the site plan amendment and ask for a sound study or table the site
plan amendment and refer it back to the Board of Adjustment.
Dick Ennenga, 435 Gladys, stated that he is for racing, just one night a week. Mr. Ennenga stated
that trucks run all night on the highway, and no one complains.
Council Work Session
August 23, 1999
Page 3
A resident at 536 Pioneer Road stated that he lives 11/2 miles from Greyhound Park in a
neighborhood with homes valuing $50,000 to $100,000 and feels just as strongly about the noise.
He stated that he has a petition with 58 signature against the location of the racetrack because
they are concerned about the neighborhood. He stated that the Sunday the noise test was
conducted they could hear the noise in his neighborhood.
Judy McVey, General Manager of the National Cattle Congress, presented a petition with 207
signatures in favor of the racetrack. Ms. McVey commented that the Realtor in Cedar Rapids
was only speaking on the affects of Hawkeye Downs in Cedar Rapids, and that he had no
intention to speak on Waterloo. Ms. McVey stated that there is a racetrack in Dubuque with a
tract of homes being built around it with values of $150,000. Ms. McVey commented that this
shows that noise and value are not evident in Dubuque. Ms. McVey stated that the National
Cattle Congress plans to build a sound barrier around at least part of the track on the east
exposure, and they will work with the Iowa Department of Transportation to determine the
adequate height of the sound barrier.
Mayor Rooff questioned the lien the Mesquaka Indians have on the National Cattle Congress and
if their attorney has assured them nothing will happen. Mayor Rooff asked if a suit is filed in
District Court how that will affect the National Cattle Congress's plans.
Russ Lowe, 130 Webster Street, stated that the attorney for the National Cattle Congress assured
them that the lien does not affect the Cattle Congress's operations unless they try to implement
gambling. Mr. Lowe stated that they have no qualms about an appeal being filed with the District
Court.
Ms. McVey noted that the Board of Adjustment approved the National Cattle Congress to hold
one "event", but she would like clarification on what is an "event."
Councilperson Murphy stated that there is a resolution on tonight's council agenda to sell and
convey the lake property located at the Greyhound Park to the National Cattle Congress, and
questioned if that land would become part of the lien.
Mr. Lowe stated that the lien is on property currently owned by the National Cattle Congress, not
on future assets.
Jim Walsh, City Attorney, stated that is correct. The sale of property is subject to the property
reverting back to the city if there is a change in the status of the National Cattle Congress.
Lyle Taylor, 826 Skyview Road, stated that the National Cattle Congress was organized to do
good and the Board has tried to do that in every way they can. Mr. Taylor stated that he hopes
their intent is to try to please citizens in our community. Mr. Taylor commented that he would
like to know who owns the National Cattle Congress. Mr. Taylor reported that he asked for a
financial report as a stockholder and was given their attorney's telephone number.
Greg Kastli, 145 Ordway Road, stated that he is a racer. Mr. Kastli commented that he is hearing
that people are for racing but are concerned with the noise issue. Mr. Kastli suggested that a
noise study be done. Mr. Kastli stated that drivers can muffle their cars to be as quiet as a
passenger car. Mr. Kastli stated that he travels 60 nights a year to race at other towns, and that
there are 100 or more other stock car drivers who do the same.
Mayor Rooff stated that an economic impact study will address the entire city. Mayor Rooff
stated he believes there is a way to come to an agreement on the racetrack, but to do it in a way
not to tie the issue up in court or make the National Cattle Congress fail.
With no further business before the council, it was moved by Getty, seconded by Collier that the
meeting be adjourned at 6:55 p.m. Ayes: Seven. Motion carried.
Nancy Eckert
City Clerk