Letter Jungbluth, M - QHQ ZoninPage 1 of 1
Jeanne Schneider
From:
To:
Sent:
Subject:
<Jmjungbluth@aol.com>
<aeml0@mchsi.com>; <jconnors63@rnchsi.com>; <patriciacline@mchsi.com>;
<jmarkham@cornerenergy.com>; <danielenicholson@mchsi.com>; <rbuoll@mchsi.com>;
<jschneid@cityofd ubuque.org>
Wednesday, January 07, 2004 10:36 AM
Mediation Session - Sunnyslope/QHQ
This letter is in regard to the rezoning that took place last fall between QHQ properties and the
neighboring Sunnyslope property owners. As you probably recall, QHQ wanted to rezone the entire
area commercial even though the comprehensive plan called for residential. The neighbors were asked
to work with QHQ to come up with a compromise that would work for both parties. Even though it was
a while ago, t still feel it is important that you are aware of how the session went. With the new
annexation of the west end properties, there will probably be additional rezoning issues. Both QHQ and
Mayor Duggan (in a TH article) praised Hiram Melendez and the Dubuque Dispute Resolution Center
for their efforts in the mediation process, but it wasn't such a simple or fair situatior[
I did not attend the actual mediation session, but my husband did. During the nearly six-hour meeting,
QHQ's lawyer, Mr. Steve Juergens, threatened to sue the neighbors on four separate occasions. His
obvious point was that if they did not resolve the issue to the terms QHQ was requesting, there would be
legal actiom When my husband directly asked Hiram for assistance in stopping these threats, Hiram
simply looked at Mr. Juergens and when there was no response from Mr. Juergens, nothing was said or
done. Hiram even stated during one break, that he had never been in mediation where one side had their
attorney involved. It certainly appears that QHQ's lawyer was brought in to intimidate the neighbors
and I am very disappointed that this intimidation tactic was allowed to happen numerous times
throughout the meeting. Our expectations were that the mediator would have a process to follow and
would intervene when appropriate. In fact, Mr. Melendez stated at the meeting's outset that his
responsibility was to manage "the process". In this case there was no process and he did not even
intervene When necessary. If this is how city mediation works, I firmly believe it is a detriment to the
citizens who cannot financially retain their own attorney when one is brought in to represent the other
side. The city should not even offer a mediation service of this caliber.
I was both disheartened and very disappointed with the entire situation. Since we did not feel we had
the support of the council (with the exception of Mr. Buol), I think the neighbors bent over backwards to
get this resolved. It became a situation where the neighbors felt that they had two options, to surrender
to QHQ's proposal or face legal action taken by QHQ and their attorney Steve Juergens. To me this is
not a reasonable process for mediation to resolve issues between two parties.
I believe mediation services could be beneficial, but training on how to run such sessions is critical.
There should be rules followed to make sure the sessions are tree negotiations, free of threats, where a
reasonable solution can be reached through reasonable conversation. Following mediation, there should
also be an evaluation done to discover how the session actually went.
I feel it is important for you to hear this side of the mediation story so something like this does not
happen to someone else in another neighborhood.
Sincerely,
Mary Jungbluth
1/7/2004