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Petition to Vacate University Avenue Extension Rescind_Dubuque MattressMasterpiece on the Mississippi Dubuque kital All- America City II h/ 2012 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Rescind Vacating Petition University Avenue Extension - Dubuque Mattress, Inc. DATE: March 13, 2013 The City had received a request from Douglas Dolter, owner of Dubuque Mattress, Inc. to purchase a portion of City property abutting property along University Avenue Extension. While preparing the Quit Claim Deed, it was indicated by Mr. Dolter, that MRJD Properties LLC would be purchasing the property, not Dubuque Mattress, Inc. City Engineer Gus Psihoyos recommends City Council rescission of Resolution No. 74 -13, resulting in the cancellation of the intent to vacate and dispose of City interest to Dubuque Mattress, Inc for the vacating petition of University Avenue Extension. I concur with the recommendation and respectfully request Mayor and City Council approval. kri,„ Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF Dui Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Rescind Vacating Petition University Ave Extension — Dubuque Mattress, Inc. DATE: March 11, 2013 INTRODUCTION Dubuque AA- America City 2012 The enclosed resolution provides for City Council consideration the rescission of Resolution No. 74 -13 resulting in the cancellation of the intent to vacate and dispose of City interest for the vacating petition of University Avenue Extension. BACKGROUND The intent to vacate and dispose of City interest for the vacating petition of University Avenue Extension to Dubuque Mattress, Inc. was approved at the March 4, 2013 City Council Meeting. The Public Hearing is currently scheduled for Monday, March 18, 2013. DISCUSSION The Engineering Department is recommending the cancellation of the public hearing for the vacating petition of University Avenue Extension through the rescission of Resolution No. 74 -13 which gave preliminary approval of the intent to vacate and dispose of right of way to Dubuque Mattress, Inc. Prior to initiating the intent to vacate, Douglas Dolter, owner of Dubuque Mattress Inc. sent a letter requesting to purchase a portion of City property abutting property along University Avenue Extension for a parking lot for Dubuque Mattress, Inc. While preparing the Quit Claim Deed for Lot 2A of University Extension Place, Mr. Dotter indicated to City staff that MRJD Properties LLC would be purchasing the City owned property. MRJD, L.L.C. would hold title to the land on which Dubuque Mattress, Inc. would develop. This information was not given to City staff until after the intent to vacate had been approved by Resolution 74- 13. RECOMMENDATION I recommend that the City Council approve the attached resolution to rescind Resolution No. 74 -13 which would cancel the public hearing for the vacating petition of University Avenue Extension. Prepared by Ron Turner, PLS RESOLUTION NO. 92 -13 RESCINDING RESOLUTION NO. 74 -13 INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 2A UNIVERSITY EXTENSION PLACE Whereas, the City Council of the city of Dubuque, Iowa at its meeting on March 4, 2013 approved by resolution of the intent to vacate and dispose of city interest in Lot 2A University Extension Place; and Whereas, Resolution No. 74 -13 incorrectly identified the purchaser of the property as Dubuque Mattress, Inc.; and Whereas, a new resolution of intent with the correct purchaser will be required to be adopted and published. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA: Section 1. Resolution No. 74 -13 approving the intent to vacate and dispose of City interest in Lot 2A University Extension Place is hereby rescinded. Section 2. The public hearing set for the 18th day of March, 2013, at 6:30 p.m. in the Historic Federal Building Council Chambers for interested persons to appear and be heard for or against the proposed intent to vacate and dispose of City interest is hereby cancelled. Attest: Kevin Passed, approved and adopted this 18th day of March Firnstahl, C' C," Clerk , 2013. D. Buol, Mayor CITY OF DUBUQUE, IOWA OFFICIAL NOTICE Copies of supporting NOTICE OF A PUBLIC documents for the HEARING OF THE CITY public hearings are on COUNCIL OF THE CITY file in the City Clerk's OF DUBUQUE, IOWA, Office and may be ON THE MATTER OF viewed during normal THE INTENT TO DIS- working hours. POSE OF AN INTEREST Any visual or hearing IN REAL PROPERTY impaired persons need - PUBLIC NOTICE is 'ling special assistance hereby given that the or persons with special City Council of the City accessibility needs of Dubuque, Iowa, will should contact the City a public hearing Clerk's Office at (563) on the 18th day of 589 -4120 or TTY (563) March, 2013 at 6:30 1690 -6678 at least 48 p.m. i in the ;Historic 'hours prior to the Federal Building, 350 meeting. ' West! Sixth Street, Dated this 8th day of Dubuque, Iowa, at March, 2013 which meeting the City Kevin S. Firnstahl, Council proposes to CMC, City Clerk dispose of an interest 3/8 in the following RESOLUTION described real property NO.74 -13 to Douglas Dolter. RESOLUTION OF A portion of INTENT 7O VACATE University Avenue AND OISPC Extension to be known CITY INTER.._.. as Lot 2A University. LOT 2A UNIVERSITY Extension Place in the (AVENUE i EXTENSION City of Dubuque, Iowa PLACE :IN TILE CITY At the meeting, the OF DUBUQUE, IOWA City Council will Whereas, Dubuque receive oral and Mattress,; Inc. has written objections from requested the vacating any resident or and disposal of a property owner of said portion of University City ;to the above Avenue Extension action: all Right of Way; and objections have been Whereas, 11W, P.C., received and consi- 'has prepared and dered, the City Council submitted to the City may at this meeting or Council a plat showing at any , adjournment 'a proposed vacated thereof, take additional portion of University action for the Avenue Extension disposition of the City's 'Right of Way and interest in such real assigned a lot number estate above, the ap- the reto, which herein - provai of the measure, after shall be known or wil abandon the and described as Lot proposal. By order of 2A University Extension the. City Council said Place in the City of hearing and appeals Dubuque,i Iowa, should there from shall be !be approved. held in accordance NOW THEREFORE; BE with and governed by IT RESOLVED BY THE the provisions of CITY COUNCIL OF THE Section 364.7 of the 'CITY OF DUBUQUE, Code of Iowa. This IOWA: notice is given oy order Section 1. That the of the City C until of City of Dubuque the City of Dubuque, 'intends to vacate. and Iowa, as provided by dispose of its interest Chapter 403 of the in Lot 2A University Code of Iowa. Extension' Piave in he City of Dubuque, Iowa.` Section 2. Th City of Dubuque resere ves unto itself a perpetual easement including the right to ingress and egress thereto, for the purpose of erecting, installing, construct= ing, reconstructing, repai ring, owning, oper- ating, and maintaining sanitary sewer and storm sewer as may be authorized by the City of Dubuque, Iowa, as Sushown on of the Lot Plat 2A of Survey University , the ExtensCity ioof n Place Dubuquein w Section Io 3. a. That the conveyance of Lot 2A University Extension Place in the City of Dubuque, Iowa to Dubuque Mattress, Inc. be contingent upon the payment of $23,477.00, tionplus , plattin and filingg , publicafees. - Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 4th day of March, 2013. Kevin 1. Lynch, Mayor Pro Tem Attest: Kevin S. Firnstahl, CMC, City Clerk it 3/8 STATE OF IOWA DUBUQUE COUNTY {SS: CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 8, 2013, and for which the charge is $52.64. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this gla day of 7'7 , 20 / . Notary Public in and for Dubuque County, Iowa.