2 26 07 On Site Visits Article.~
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~ 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,
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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"