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Zoning QHQ letter added 3-6-2023WILLIAM C. FUERSTE ALLAN J. CAREw MICHAEL J. COYLE STEPHEN J. JUERGENS ROBERT L. SUDMEIER* DOUGLAS M. HENRY MARK J. WILLGING MICHAEL J. S}{UBATT** NORMAN J. WANGBERG A. THEODORE HUINKER DANITA L. GRANT Law Offices Of FUERSTE, CAREW, COYLE, JUERGENS & SUDMEIER, P.C. 200 SECURITY BUILDING 151 WEST 8TH STREET DuBuQuE, IowA 52001-6832 ALL ATTORNEYS LICENSED IN IOWA *ALSO LICENSED IN WISCONSIN * *ALSO LICENSED IN ILLINOIS Mr. Mark Lockwood 2215 Samantha Drive Dubuque, IA 52002 August 29, 2003 Re: QHQ Re -Zoning Request Dear Mr. Lockwood: As you know, we represent QHQ Properties. TELEPHONE: (563)556-401] TELECOPIER: (563) 556-7134 E-MAIL: mail(a fCCis.com WRITER'S DIRECT E-MAIL ADDRESS sjuergensca fccjs. com 11 C. 71 CO Your e-mail message of August 12, 2003 to Dr. Tim Quagliano has been referred to us for reply. The City Council has indicated that QHQ and your group should attempt to reach a resolution of the issues through mediation. QHQ is willing to try mediation. Les V. Reddick, an attorney with Kane, Norby & Reddick of Dubuque is an experienced mediator in a variety of cases. In addition, he often acts as defense counsel in litigation involving the City and is familiar with city government and its processes. Mr. Reddick and Dr. Quagliano are available to meet for a mediation session on Wednesday, September 10, 2003. Accordingly, QHQ Properties proposes the following: 1. Mr. Reddick be retained by the parties as a mediator. 2. A mediation session with Mr. Reddick be held on Wednesday, September 10, 2003 at a time and place which is mutually agreeable. The mediation session could be held at City Hall, our offices, Mr. Reddick's offices, or at some neutral site. FUERSTE, CAREW, COYLE, JUERGENS & SUDMETER, P.C. Mr. Mark Lockwood August 29, 2003 Page 2 3. Mr. Reddick charges an administrative fee of $100.00, $150.00 per hour for document review and preparation, and $200.00 per hour for time actually spent in mediation. Each side would pay one-half of Mr. Reddick's fees for acting as a mediator. 4. Dr. Quagliano would be personally present at the mediation, together with two representatives. Your group would be represented by three representatives of its choice, who would have authority to make binding agreements toward a resolution of all issues in this matter. 5. The positions of the parties for mediation and the ultimate outcome of the mediation may be reported by either party to the Dubuque City Council and individual members. We ask that we have your reply to this proposal by the close of business on Tuesday, September 2, 2003, so that Dr. Quagliano and his representatives can schedule accordingly and we can firm up the date with Mr. Reddick. We hope to hear from you directly. Very truly yours, FUERSTE, CAREW, COYLE, JUERGENS & SUDMEIER, P.C. BY: SJJ/nml STEPHEN J. JUERGENS cc: Dr. Tim Quagliano Kenneth L. Buesing Dubuque City Council Members - Terrance M. Duggan, Daniel E. Nicholson, Ann Michalski, John Markham, Roy Buol, Joyce Connors, Patricia Cline Page 1 of 1 Jeanne Schneider From: "Lockwood, Mark"<MDLOCKWOOD@BarnsteadThermolyne.com> To: <rbuoll@mchsi.com>; <aem10@mchsi.com>; <danielenicholson@mchsi.com>; <jmarkham@cornerenergy.com>; <jconnors63@mchsi.com>; <patriciacline@mchsi.com>; <jschneid@cityofdubuque.org>; <ctymgr@cityofdubuque.org> Sent: Tuesday, September 02, 2003 2:09 PM Subject: QHQ Properties Rezoning Request Dear Council members, I just noticed that the QHQ properties rezoning is on the agenda for tonight's meeting. If I understand the agenda item properly, the city manager is asking for direction for the city staff. We would like to ask for support/help from the city staff in a few areas: * We will be using the city mediation services. * We will need the help of the City Engineering to define expectations of the drainage ditch, which offers very limited (and only) buffer to the QHQ land. Current engineering drawings on file from Buesing Associates show the whole area bulldozed (no more trees). This directly effects several of the neighborhoods yards and the future mediation negotiations. They can also help us understand the city requirements for development issues such as drainage on the parking lots of the proposed QHQ rezoning, or any other surprises that may effect either sides expectations. * We would like a representative from city planning on hand as a short term resource to explain the guidelines for good land use design. For example why the land has always been planned as residential, and what the effects this change has on neighboring developments (any cascading effects such as the Plastics Company across NW Arterial has had on our neighborhood). I will not be able to be at tonight's meeting and am not sure if anyone else from the neighborhood is aware of tonight's agenda. Again, we thank you for time and support. Mark Lockwood 2215 Samantha Dr 0 9/2/2003