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.