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Twelfth St Vacate for Schools DLi~~E ~<k~ MEMORANDUM November 29, 2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacating and Conveyance Petition - 12th Street between Central Avenue and White Street and the Adjacent Alley from 11 th Street to 13th Street A request has been received from the Dubuque Community School District to vacate and convey to the District part of 1ih Street between Central Avenue and White Street and the adjacent alley from 11 th Street to 13th Street. A traffic report was prepared by WHKS & Company to study the closing of 1 ih Street from White Street to Central Avenue. This study evaluated the impact of modified traffic patterns due to this closure. The increased traffic at the existing unsignalized intersections on 13th Street at Central Avenue and White Street reduces the capacity and level of service at these intersections from level of Service "B" and "C" to level of Service "C" and "D." This study also contacted area businesses regarding this change. The Engineering Department commissioned a peer review of the report by Howard R. Green Company. Given the significance of these recommendations, a meeting was held on Thursday, November 4, to discuss the project. In attendance were 19 individuals representing the Iowa DOT, the School District, the City of Dubuque, Howard R. Green, the school architect, and WHKS. Based upon this meeting, all parties concurred that the traffic study recommendations would be modified to reflect focusing pedestrian activity to 1 ih Street at White and Central Avenue. Additional site details would also be made to accommodate pedestrian flow on-site and to minimize conflicts between children and vehicles. Further clarification would be made as to improved school crossing signage, markings, or other higher visibility options to alert motorists when children are crossing these busy roadways. Acting Public Works Director/City Engineer Gus Psihoyos recommends that part of 1ih Street between Central Avenue and White Street and the adjacent alley from 11th Street to 13th Street in the City of Dubuque be vacated, that the purchase price be established at the cost of relocation of all utilities (including engineering costs) and platting, publication and filing fees. I concur with the recommendation and respectfully request Mayor and City Council approval. /)1 tjf{l¡ /jlL--~ M~hael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, Acting Public Works Director/City Engineer D~ ~<k~ MEMORANDUM December 6, 2004 FROM: Michael C. Van Milligen, City Manager Gus Psihoyos, Acting Public Works Director. ojQ TO: SUBJECT: Vacating and Conveyance Petition - 1ih Street between Central Avenue and White Street and the Adjacent Alley from 11th Street to 13th Street A request has been received from the Dubuque Community School District for the vacating and conveyance to the District of a portion of 1 ih Street between Central Avenue and White Street and the adjacent alley from 11th Street to 13th Street. The area to be vacated is divided into three lots numbered lot A and lot B of City lot 445 and lot A of City lot 446 in the City of Dubuque, Dubuque County, Iowa. These lots are an existing 64-foot wide street and 20-foot wide alley on which public utilities exist. According to plans being reviewed by the Engineering Department, these utilities will be relocated at the expense of the Dubuque Community School District. The City has no plans for the utilization of the proposed vacated area of 1 ih Street between Central Avenue and White Street and the adjacent alley from 11th Street to 13th Street after the public utilities have been relocated except for reserving easements as required for the construction of the new Prescott School. I recommend vacation of a portion of area of 1ih Street between Central Avenue and White Street and the adjacent alley from 11th Street to 13th Street and that the purchase price be established at the cost of all utilities (including engineering costs) plus platting, publication and filing fees. Prepared by Ronald J. Turner, PlS D~ ~<k~ MEMORANDUM November 9, 2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacating Petition - 12th Street between Central Avenue and White Street and the Adjacent Alley from 11 th Street to 13th Street A request has been received from the Dubuque Community School District to vacate and convey to the District part of 12th Street between Central Avenue and White Street and the adjacent alley from 11 th Street to 13th Street. Public utilities exist on the area to be vacated and these utilities will be relocated at the expense of the Dubuque Community School District. A traffic report was prepared by WHKS & Company to study the closing of 1 ih Street from White Street to Central Avenue. This study evaluated the impact of modified traffic patterns due to this closure. The increased traffic at the existing unsignalized intersections on 13th Street at Central Avenue and White Street reduces the capacity and level of service at these intersections from level of Service "B" and "c" to level of Service "c" and "D." This study also contacted area businesses regarding this change. The Engineering Department commissioned a peer review of the report by Howard R. Green Company. Given the significance of these recommendations, a meeting was held on Thursday, November 4, to discuss the project. In attendance were 19 individuals representing the Iowa DOT, the School District, the City of Dubuque, Howard R. Green, the school architect, and WHKS. Based upon this meeting, all parties concurred that the traffic study recommendations would be modified to reflect focusing pedestrian activity to 1 ih at White and Central Avenue. Additional site details would also be made to accommodate pedestrian flow on-site and to minimize conflicts between children and vehicles. Further clarification would be made as to improved school crossing signage, markings, or other higher visibility options to alert motorists when children are crossing these busy roadways. Acting Public Works Director/City Engineer Gus Psihoyos recommends that part of 1 ih Street between Central Avenue and White Street and the adjacent alley from 11th Street to 13th Street in the City of Dubuque be vacated, that the purchase price be established at the cost of relocation of all utilities (including engineering costs) and platting, publication and filing fees. It is further recommended that a public hearing be set for December 5, 2004. I concur with the recommendation and respectfully request Mayor and City Council approval. f~1/ ~ ¡tJl--- Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, Acting Public Works Director/City Engineer D~ ~<k~ MEMORANDUM November 9, 2004 FROM: Michael C. Van Milligen, City Manager Q Gus Psihoyos, Acting Public Works Director ~93. . TO: SUBJECT: Vacating Petition - 1ih Street between Central Avenue and White Street and the Adjacent Alley from 11 th Street to 13th Street INTRODUCTION This is in response to a May 13, 2004 request from the Dubuque Communit~ School District for the vacating and conveyance to the District of part of 12 Street between Central Avenue and White Street and the adjacent alley from 11th Street to 13th Street. DISCUSSION The attached plat shows the proposed vacated area from 1 ih Street between Central Avenue and White Street and the adjacent alley from 11th Street to 13th Street. The abutting properties are owned or in the process of being purchased by the Dubuque Community School District. At the time of this writing, all but four (4) properties have been acquired. The area to be vacated is divided into three lots numbered lot A and lot B of City lot 445 and lot A of City lot 446 in the City of Dubuque, Dubuque County, Iowa. These lots are an existing 64-foot wide street and 20-foot wide alley on which public utilities exist. According to plans being reviewed by the Engineering Department, these utilities will be relocated at the expense of the Dubuque Community School District. The Engineering Department is coordinating the relocation of existing City utilities as they relate to the development of the site for the proposed new Prescott School. Straka Johnson Architects and MSA Professional Services are working with other utilities on relocation plans. Performance and maintenance bonds will be required by the City from the contractor performing the utility relocation work. The street and utilities are to remain in place to serve the school and remaining tenants until actual construction begins in May, 2005. The purchase price has been established at the cost of utility relocations and the cost of platting, publication, and filing fees. The City will maintain the existing street, sewer and water lines until the Dubuque Community School District takes possession of the property. A traffic report was prepared by WHKS & Company to study the closing of 1 ih Street from White Street to Central Avenue. This study evaluated the impact of modified traffic patterns due to this closure. The increased traffic at the existing unsignalized intersections on 13th Street at Central Avenue and White Street reduces the capacity and level of service at these intersections from level of Service "B" and "C" to level of Service "C" and "D". This study also contacted area businesses regarding this change. Given that this project impacts two busy corridors downtown and involves an increase in school-age pedestrians, the Engineering Department secured the services of Neal Hawkins from Howard R. Green Company to provide a peer review of the WHKS & Co. report. Mr. Hawkins provided an alternative strategy to deal with traffic and pedestrian movements in the area as opposed to what was proposed in the traffic report. His recommendations focused on leaving 12th Street at White and at Central as traffic signal controlled and to focus school children crossing White and Central at these locations. Further recommendations were made regarding site access and minimizing vehicle and pedestrian conflicts. Given the significance of these recommendations, a meeting was held on Thursday, November 4, to discuss the project. In attendance were 19 individuals representing the Iowa DOT, the School District, the City of Dubuque, Howard R. Green, the school architect, and WHKS. Based upon this meeting, all parties concurred that the traffic study recommendations would be modified to reflect focusing pedestrian activity to 1ih at White and Central Avenue. Additional site details would also be made to accommodate pedestrian flow on-site and to minimize conflicts between children and vehicles. Further clarification would be made as to improved school crossing signage, markings, or other higher visibility options to alert motorists when children are crossing these busy roadways. RECOMMENDATION The City has no plans for the utilization of the proposed vacated area of 1 ih Street between Central Avenue and White Street and the adjacent alley from 11th Street to 13th Street after the public utilities have been relocated as required for the construction of the new Prescott School. I recommend that the part of 1ih Street between Central Avenue and White Street and the adjacent alley from 11 th Street to 13th Street in the City of Dubuque, Dubuque County, Iowa, shown on the attached plat be vacated, and that a public hearing be set for the disposition of the City's interest in those parts for December 6, 2004. I would further recommend that the purchase price be established at the cost of relocation of all utilities (including engineering costs) and platting, publication, and filing fees. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be set for the disposal of the City's interest in the property by adoption of the enclosed resolutions and ordinance. Prepared by Ronald J. Turner, PlS cc: Dubuque Community School District VICINITY MAP 12TH STREET & ALLEY VACATE GRAPHIC SCALE 1~ 80 I 160 I 320 I ~ NORTH (IN FEET) 1 INCH = 160' .h:._'~ Dubuque. M Commumty , Schools ~ Ron Holm, CPA (1M""') Executive Director of Finance and Business Services Phone: 563/588-5110 Fax: 563/588-8377 rholm@dubuque.k12.ia.us Learning-leading. Living 2300 Chaney Road Dubuque, Iowa 52001-3095 May 13, 2004 COÞy Honorable Mayor Terrence M. Duggan and Members of the City Council City of Dubuque City Hall 50 West 13'" Street Dubuque, Iowa 52001-4845 Dear Mayor Duggan and Members of the City Council: The Dubuque Community School District has selected the site for a new downtown elementary school. The site is termed "Site #1" and is bounded on the south by 11'" Street, on the north by 13'" Street, on the west by Central Avenue and on the east by White Street. A diagram of the site is enclosed. The effective use of Site #1 for a modern elementary school requires a minimum of two blocks of contiguous property. Additional parking outside of the two-block area may also be required. In addition to the building, the site will include turnout lanes for bus traffic, student drop-off and pick-up points, parking lots and playground areas. It is clear that dividing the property by a street or an alley would make the site inappropriate for a new elementary school. We have contacted the City Engineering Department and they indicated that existing utilities may need to be relocated andlor easements put in place. We also understand that the vacated area would need to be surveyed and platted at our expense, plus we would pay for publication and filing fees. This letter is a formal District request that the City Council agree to vacate 12'" Street between Central A venue and White Street and the alleys between 11'" Street and 13'" Street between Central Avenue and White Street as a part of the District's acquisition of all property in Site #1. The City Engineering Department has indicated they would not object to vacation of those particular streets and alleys. Please see the attached letter. The architect for this project is the firm of Straka Johnson Architects, P.C. They are currently under District contract to design the building but have not yet determined the location of the building footprint. .. ---- Thank you for your consideration of this request. We will be pleased to work with your staff to provide any additional information required. Sincerely, Douglas 1. Horstmann Board President John L. Burgart. Superintendent of Schools jms RESOLUTION NO. RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN PART OF 1ih STREET BETWEEN CENTRAL AVENUE AND WHITE STREET AND THE ADJACENT ALLEY FROM 11TH STREET TO 13TH STREET IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the Dubuque Community School District has requested the vacating and conveyance to the District part of 1ih Street between Central Avenue and White Street and the adjacent alley from 11 th Street to 13th Street; and Whereas, MSA Professional Services has prepared and submitted to the City Council a plat showing the proposed vacated part of 1 ih Street between Central Avenue and White Street and the adjacent alley from 11th Street to 13th Street and has assigned lot numbers thereto, which hereinafter shall be known and described as lot A and lot B of City lot 445 and lot A of City lot 446 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in lot A and lot B of City lot 445 and lot A of City lot 446 in the City of Dubuque, Dubuque County, Iowa. Section 2. That the relocation of all utilities affected by the vacating of 1 ih Street between Central Avenue and White Street and the adjacent alley from 11th to 13th Street be engineered, constructed, and inspected at the expense of the Dubuque Community School District in accordance with the City of Dubuque Standards and Specifications. Section 3. That the conveyance of lot A and lot B of City lot 445 and lot A of City lot 446 in the City of Dubuque, Dubuque County, Iowa to the Dubuque Community School District be contingent upon the payment by the Dubuque Community School District of platting, publication and filing fees, and the agreement of the School District to pay for the cost of the engineering, construction, and inspection of the relocation of all utilities affected by the vacating of 12th Street between Central Avenue and White Street and the adjacent alley from 11 th to 13th Street. Passed, approved ,2004. and adopted this day of Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 468-04 APPROVING A PLAT OF PROPOSED VACATED 12th STREET BETWEEN CENTRAL AVENUE AND WHITE STREET AND THE ADJACENT ALLEY FROM 11TH STREET TO 13TH STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 8th day of November, 2004, a copy of which is attached hereto, prepared by MSA Professional Services, describing the proposed vacated 1ih Street between Central Avenue and White Street and the adjacent alley from 11 th Street to 13th Street; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 8th day of November, 2004, prepared by MSA Professional Services, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 6th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk. Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 569-4270 RESOLUTION NO. 469-04 DISPOSING OF CITY INTEREST IN VACATED 12th STREET BETWEEN CENTRAL AVENUE AND WHITE STREET AND THE ADJACENT ALLEY FROM 11TH STREET TO 13TH STREET IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 19th da~ of November, 2004, the City Council of the City of Dubuque, Iowa met on the 6 day of December, 2004, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the disposition of real estate described as: Lot A and Lot B of City Lot 445 and Lot A of City Lot 446 in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposition of City of Dubuque real property described as Lot A and Lot B of City Lot 445 and Lot A of City Lot 446 in the City of Dubuque, Iowa to the Dubuque Community School District be and the same is hereby approved for the costs of platting, publication, and filing fees and the costs of engineering, construction, and inspection of the relocation of all utilities affected by the vacating of 12th Street between Central Avenue and White Street and the adjacent alley from 11 th Street to 13th Street. Conveyance shall be by Quit Claim Deed. Section 2. That the relocation of all utilities affected by the vacating of 12th Street between Central Avenue and White Street and the adjacent alley from 11 th Street to 13th Street, to be engineered, constructed, and inspected at the expense of the Dubuque Community School District, shall be in accordance with City of Dubuque Standards and Specifications. Section 3 That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to the Dubuque Community School District upon payment of all costs referred to herein by the Dubuque Community School District. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 6th day of December 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ~I - i II 9 J ! ~ .1 ',- f-;' 1\'\' "'I 'i' ~êi i í I r¡ II!I' ~I' i:~'1 ,i i 9 z~, ¡:JI 1\' ffi¡' ili u, 'I ! ---------'1 PLAT OF SURVEY LOT A OF CITY LOT 445 (12TH STREET BETWEEN CENTRAL AVE, AND WHITE STREET) LOT B OF CITY LOT 445 (ALLEY BETWEEN CITY LOTS 445 AND 430) AND LOT A OF CITY I LOT 446 (ALLEY BETWEEN LOTS 446 AND 479) I' IN THE CITY OF DUBUQUE, ,UBUQUE CO., IOWA , f5ET Y." ROD W/Y[LLOW I !---- _C~M5A L_5~~~~~_ÇENTERL..INE..____- __WlllTE 8.L_-_-_---- ! ~ ~ 5ET "MAC" NAIL <TVP) I 5 "'38'25"E256,75' 51"3'07"[ 5l4"'0'53'E25,75' " 6"F°' ¡¡;I - - i ¡sj::¡ ~ CITYLOTHO â,~ r<)' ¡;j - Q 25,190 50UA" Fm Q ~ ItS '""I N ~ ,r5URVEYED BOUNDARY ITYP) 6~ \'<'1 , ~ '"" 1 ~ 5 l4"50'12" E 256.69' w ~~ ~,i': LOT BOFCITYLOT "5 2000' ~Q§I'¡:3 In 5,U4 50UA" rEET . m ~. ~ ~ ~ o~ '~ ~i~ IIIIII ~t!£~ ffi 32.00';¡' I I \ CITY LOT 415 I ",!W u¡ ~ \ I 1"""'rUAR' FîET \ ~!u , I I I I ¡'---'Xl5T1NG TITLE I 1 L~E "'" N 14"3S'0'" W , ~OO 1 /' g 'I ~POINT OF BEGINNING g , ¿5ET CUT 'X'<TVP! '" '" ~---------~ _____Cm'¡TERLINIL____--,--- CENTRAL_AYJL..-__----" , I \ ' , I 1 0 I' 5URVEY REOUE5TED BY: I ~ DUBUOUE COMMUNITY 5CHOOL DI5TRICT , "" 0' OWNEO BY: THE CITY OF DUBUOUE I.-...J' I TOTAL AREA: 24,353 50UAR[ FEET 32.00' g ~ " 0 ~ 125:;;:15~~:" 1~~T I ""'~N~""', --~~""""""~~¡"- -.....- '. "'- ::.( STMNJ. \..: OW SCHMIDT 1-<: l~ 14414 )~j \'.1'7ÕW;;"~"--- "."""" '~~"Œ",,"""'."~~"'~~""~'~ .~ M~"W'~'" .-.., ".-. " ~ ~-'"" -" ~,~. -,,- ~ '""'~,~, <Œ~""~ ~"'~~M,....,~,,m.~', ~'œ.'¡i>;¡Æ~.J><L_;dr ~ry,~v, 9, ;>'004- .,~_,..m.~'~"'~ ...'m_","~"'.'~"~ III!I 'l'i!.1 I Ii' If Iii DOD~" .L:-1. ORDINANCE NO. 80-04 VACATING 12th STREET BETWEEN CENTRAL AVENUE AND WHITE STREET AND THE ADJACENT ALLEY FROM 11TH STREET TO 13TH STREET Whereas, Dubuque Community School District has requested the vacating of 1ih Street between Central Avenue and White Street and the adjacent alley from 11 th Street to 13th Street; and Whereas, MSA Professional Services has prepared and submitted to the City Council a plat a copy of which is attached hereto showing the proposed vacated 1ih Street between Central Avenue and White Street and the adjacent alley from 11 th Street to 13th Street and has assigned lot numbers thereto, which hereinafter shall be known and described as Lot A and Lot B of City Lot 445 and Lot A of City Lot 446, in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of Dubuque, Iowa has determined that part of 1 ih Street between Central Avenue and White Street and the adjacent alley from 11 th Street to 13th Street is no longer required for public use, that existing utilities will be relocated at the expense of the Dubuque Community Schools and that the vacating of said 1ih Street between Central Avenue and White Street and the adjacent alley from 11 th Street to 13th Street known as Lot A and Lot B of City Lot 445 and Lot A of City Lot 446, in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot A and Lot B of City Lot 445 and Lot A of City Lot 446 in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 6th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 470-04 RESOLUTION DISPOSING OF CITY INTEREST AND VACATING A 20- FOOT WIDE UTILITY EASEMENT OVER LOT 1 OF 1 OF SOUTHGATE CENTER SECOND ADDITION IN THE CITY OF DUBUQUE. DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 19th da~ of November, 2004, the City Council of the City of Dubuque, Iowa met on the 6 day of December, 2004, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: A 20-foot utility easement over and across Lot 1 of 1 of Southgate Center Second Addition in the City of Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit A Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to dispose of interest of the City of Dubuque, Iowa, in the hereinabove described real estate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of the City of Dubuque, Dubuque County, Iowa, in real property described as a 20-foot utility easement over and across Lot 1 of 1 of Southgate Center Second Addition in the City of Dubuque, Dubuque County, Iowa, to Dubuque Southgate Development, Ltd. be and the same is hereby approved for the cost of publication and filing fees. Section 2. That the Mayor be authorized and directed to execute a Release of Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to Dubuque Southgate Development, Ltd. upon receipt of the above fees. ~ . ' Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 6th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. I, the undersigned, ' representing the Dubuque Community School District, having read the terms and conditions of the Resolution No. _-04, and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa, this day of 2004. By: ... J .;' Dubuque - 0- Community .; J. Schools . John L. Burgart Superintendent of Schools 2300 Chaney Rood Dubuque /A 5200/-3095 Leaming./.eading.living Phone (563) 588-5105 Fax (563) 588-8521 November 11,2004 Mike Van Milligen, City Manager City of Dubuque City Hall Dubuque IA 52001 Re: Downtown Elementary School Dear Mr. Van Milligen: This is a follow up to the meeting of November 4, 2004, which was held at City Hall among representatives of the City Engineering Department, Iowa Department of Transportation, architect, engineers and the School District. This letter will confirm that the Dubuque Community School District will be responsible for the relocation of public utilities on vacated 12'h Street and between 11th and 13th Streets between Central Avenue and White Streets as determined by the School District's architect and engineer, subject to approval by the engineering staff of the City of Dubuque. We will also cooperate with the City of Dubuque and the Iowa Department of Transportation with respect to the relocation or modification of traffic signal lights. We plan to have possession of all the properties on or before February I, 2005, so that demolition can begin immediately and construction may commence by the Spring of2005. As we proceed, plats will be prepared showing the location of the public utilities and granting an easement, per the plat, to the City of Dubuque. We have directed our architects and engineers to cooperate with the engineering staff of the City of Dubuque in order that the entire project may proceed according to plan. If you or any members of the staff have questions concerning this letter or any other phases of the project, please do not hesitate to contact me or Ron Holm. You~ truly, Y:!i~ J-/~~~. John L. Burgart Superintendent of Schools cc: City Engineering Department Straka Johnson Architects, P.C. Ron Holm Saturday Mayor Duggan Dubuque City Council I would strongly urge you not to close 12th St. to vehicular travel. Remember you spent millions to close Main Street, then spent millions to open it up again. Can y ou imagine the confusion around City Hall and DB & T. The people of Dubuque haven't even seen a drawing of the new proposed school, school grounds and what will be done to the old school. Do not close 12th St. /s/ Gene Soppe 1516 Central Dubuqeu IA 52001