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2 26 07 On Site Visits Article.~ ;, ` i ~ TELEGRAPH HERALD 1 MONDAY, FEBRUARY 26, 2007 ~ 3A Council sets rules for on-site visits After Iowa Supreme Court ruling, the entire panel will visit the proposed Alter Scrap location By ROB KUNDERT TH staff writer The next Dubuque City Council public hearing on a controversial rezoning case will span at least two weeks, wrapped around a unique on- site visit. The process might become a template for future zoning cases. "We've never done this be- fore, so it will be interesting," said City Attorney Barry Lin- dahl, referring to the result of a court case that has gained statewide notice. "Anybody can go to the site, but we won't allow anybody to talk to the council," he said of the special on-location visit slated for March 12. In the past, council members often would visit locations in- volved in zoning cases individ- ually and meet with people to gather their own information. That changed with the Iowa Supreme Court case Sutton vs. City of Dubuque, which in- volved azoning decision to allow Peosta, Iowa, developer A.l. Spiegel to construct a condo project below Eagle Point Bluff. In that case, the court said the council serves in a "quasi-judi- cial" nature in applying the zoning code. According to Lindahl, that means the council is like a judge hearing a case. If it wants to gain direct information, it must do so in a public hearing, Julien Care FatlNty m._s a® , Fairgroun ds ~~~~ Pti~ o~~ HIGHWAY SEIPpEI TM like a court session. Lindahl said his interpreta- tion of the Supreme Court de- cision is a conservative one, but he says other local governments are taking notice. The team ap- proach could become a process for city councils, county super- visors and zoning panels when they seek direct information. The current situation in- volves azoning change that the council approved in January to allow Alter Scrap Processing and a recycler to locate at a site along Old Highway Road near Seippel Road belonging to W.C. Stewart Construction Inc./ Wayne Briggs Real Estate. The developers asked the council to reconsider the change because it contained a restriction on building height, which they say will prevent the recycler from locating there. Neighbors opposed to the pro- ject say it will threaten their en- vironment as well as their view On Monday, March 5, the council will open a public hear- ing to reconsider the case. After taking testimony from both sides, the hearing will be recessed. The following Monday, March 12, the council will travel as a group to the site to view the location, but without taking public comment. The sole purpose is to look at the site to understand inforrr~a- tion presented at the public hearing. Any council questions will be addressed to Planning Services Manager Laura Carstens, who will be there along with Lindahl and City Manager Mike Van Milligen. "Other than that, I don't want them discussing anything about it at that gathering," which in- cludes comments from oppo- nents and proponents, Lindahl said. At its next regular meeting on March 19, the council will re- open the public hearing and potentially take action. Council member Karla Braig said that although extra council meetings are in order, she likes the openness of the approach. "It will be transparent. They will know what we saw"