Zoning QHQ W of NW A, E SamantMEMORANDUM
August20,2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
City Council Direction for QHQ Rezoning Request
The neighbors in the QHQ Rezoning Request sent the attached August 12, 2003 letter
to the developer, Tim Quagliano. n the letter the neighbors say, "~Ne feel strongly that
for all information to be represented fairly and accurately, city engineering, city planning
and city mediation services should assist us in our efforts to reach a reasonable
compromise."
A volunteer mediator has agreed to assist in the process.
The involvement of City Planning and engineering would be counter to current City
practice. While staff is more than willing to answer questions outside the meetings, staff
has not assisted in the dispute resolution process in the past.
I believe the City's past practice of being an information resoume away from the
developer/neighborhood meetings is the most appropriate role for staff.
I respectfully request City Council direction.
Mic
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
Mike Koch, Public Works Director
MEMORANDUM
To:
From:
Subject:
Michael Van Milligen, City Manager
Laura Carstens. Planning Services Manager~
City Council Direction for QHQ Rezoning Request
August 20, 2003
Introduction
The purpose of this memo is to request direction from the City Council regarding the
role of City staff with respect to the QHQ rezon~ng request west of the Northwest Arterial
and east of Samantha Drive.
City Clerk Jeanne Schneider provided the enclosed copy of the City Council minutes for
their August 4, 2003 review of the QHQ rezoning. The City Council tabled the request.
but did not provide direction to staff.
Discussion
I have discussed with Human Rights Director Kelly Larson the enclosed request from
the neighbors of the QHQ rezoning that City Engineering, City Planning, and City
mediation services should assist the neighbors in their efforts to reach a compromise
with the developer, Dr. Tim Quagliano.
Kelly indicated that her office had been turning away mediation requests for
neighborhood disputes because technically the Dubuque Dispute Resolution Center
(DDRC) doesn't exist due to buoget cuts.
With your recent recommendation that the DDRC be reinstated with the franchise fee
revenues on Sept. 2 at the public heanng on the budget, and the City Council's
involvement in the QHQ rezoning, Kelly contacted those DDRC mediators who had
agreed to handle disputes outside the auspices of the DDRC.
One of these mediators offered to work with the neighbors and the developer for the
QHQ rezoning. Kelly indicated that the mediator's agreed-upon role with the Human
Rights Office was to handle mediation between the neighbors and the developer.
without other City staff involved (such as City Engineenng and City Planning staff as the
neighbors requested).
Page 2
Public Works Director Mike Koch and I discussed with you that we have not had our
staff involved in private neighborhood meetings, disputes or mediation efforts in the
past. They have served as a technical resource, responding to questions and inquiries
outside of such meetings. They have participated in neighborhood meetings pertaining
to City projects such street improvements, trails, or City planning efforts.
Kelly agreed with us that the involvement of other City staff in the mediation process is
not appropriate, and that City Engineering and City Planning staff should continue to
provide technical support and respond to questions - but not become involved in
mediation of neighborhood disputes as we discussed.
Dr. Tim Quagliano was contacted by the Human Rights Office about agreeing to the
mediation, but was not yet responded. The mediation cannot proceed until Dr.
Quagliano agrees to it. The Human Rights Office will be closed next week while staff is
au their annual HUD training. It appears that the mediation if agreed to by Dr.
Quagliano. will not proceed until after Sept. 2.
Requested Action
We request that the City Council direct City Engineering and City Planning staff to
continue with our traditionaJ roles as a technical resource, and not become involved in
the mediation of neighborhood disputes.
Enclosures
CC
Kelly Larson, Human Rights Director
Mike Koch. Public Works Director
Mayor Duggan tumed control of the meeting to Mayor Pro-Tem Cline and left
the room due to possible conflict of interest.
Upon modon the following item was removed from the table: QHQ Rezoning
(Tabled on June 2 2003): Communication from Kenneth L. Buesing requesting
that this item be placed back onto the City Council agenda I~or consideration:
Communication from Kenneth L. Buesing, representing QHQ Development,
submitting additional information regarding the QHQ request for rezoning of
proper~y located south on Holliday Drive. west of the Northwest Arterial. from AG
Agricultural District to C-3: Communication from Mark Lockwood regarding the
QHQ rezonlng req Jest and providing an update from the neighborhood meeting,
and an Ordinance amending Appendix A (the Zoning Ordinance) of the City of
Dubuque Code of Ordinances by reclassifying hereinafter described property
located south of Holliday Drive. west of the Northwest Arterial from AG
Agricultural District to C-3 General Commercial zoning district, with conditions,
presented and read. '
Ken Buesing of Buesing Associates. Inc. spoke and stated that though directe¢
by Council to compromise with the objecting neighbors or' this rezoning matter
that they had not been able to come to any satisfactory conclusion. He also
stated that they would increase the buffer zone to 75 feet which would decrease
the number of necessary Council votes for the rezoning. That buffer zone would
be 'nade up of native grasses and would not have an access road to Samantha
Dr.
Johr- Jungbluth, 4911 Twilight Dr., spoke clarifying the sequence of events
objected to the proposed rezoning and objected to being left out of discussions
with Mr. Buesing and Dr. Quagliano.
Council discussed the original comprehensive plan and its original and
changing focus.
Markham moved to table this matter. Seconded by Michalski. Carried by
the following vote: Yeas--Buol Cline. Connors. Markham, Michalski. Nays--
Nicholson.
Mayor Duggan returned and took control of the meeting.
Tuesday, August 12, 2003
RE: QHQ Properties Re-Zoning Request
Dear T/m:
I appreciate your letter written on August 7, 2003. Upon receiving your letter I shared its contents with
other interested and concerned neighbors. From that meeting we, as a ~oup, came up with these points of
consideration.
Sincerely,
Mark Lockwood
Even though we disagree with some points in your letter to Mark Lockwood, we would
like to put that behind us and look ro the future. We agree that our only way ro efficiently
and effectively communicate a reasonable compromise so that both parries can cordially
co-exist is to have a concise and collaborative face-to-face meeting. We feel strongly
that for all information to be represented fairly and accurarely, city engineering, city
plarming and city mediation services should assist us in our efforts to reach a reasonable
compromise. We have contacted the city mediation services and they have agreed to
assist us in reaching a fair and reasonable conclusion. They understand the urgency
expressed and will be contacting you and Ken as soon as possible.
Cordially,
Concerned Neighbors Promoting Appropriate Development
CC:
Kenneth L. Buesing
Dubuque City Council Members - Terrance M. Duggan, DanieI E. Nicholson,
Ann Michalski, John Markham, Roy Buol, Joyce Cormors, PalMcia Cline