Recovable Permit_Art Pape Transfer, Inc.Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Revocable Permit - Art Pape Transfer, Inc.
DATE: August 31, 2010
Dubuque
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The area of East 12 Street, just east of Highway 61/151, is considered a public street
with unmetered street side parking. On November 7, 1994, the City of Dubuque issued
Art Pape Transfer, Inc. (Pape) a revocable permit allowing Pape to close off a portion of
East 12 Street for use as a private parking lot. In 2004, Pape asserted they
discontinued use of the parking lot due to notice by the City of rental increase for the
subject area, however, no request was submitted to terminate the Revocable Permit.
City Engineer Gus Psihoyos recommends City Council approval to revoke Ordinance
No. 62 -94, for Art Pape Transfer, Inc. to operate a private parking lot on City -owned
property at East 12 Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Michael C. Van Milligen
Masterpiece on the Mississippi
TO:
Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Revocable Permit — Art Pape Transfer, Inc.
DATE: August 31, 2010
INTRODUCTION
This memorandum is to request City Council approval to revoke Ordinance No. 62 -94,
the revocable permit authorizing Art Pape Transfer, Inc. (Pape) to operate and maintain
a parking lot in conjunction with the business located at 1080 East 12 Street.
DISCUSSION
The area of East 12 Street, just east of Highway 61/151, is considered a public street
with unmetered street side parking. On November 7, 1994, the City of Dubuque issued
Art Pape Transfer, Inc. a revocable permit allowing Pape to close off a portion of East
12 Street for use as a private parking lot. In 2004, Pape asserted that he discontinued
use of the parking lot due to notice by the City of rental increase for the subject area.
However, in 2004, Pape did not submit a formal request to terminate the Revocable
Permit.
In follow -up to a recent Telegraph Herald article on riverfront leases, Mr. Pape
contacted the Engineering Department to reiterate his request to terminate the
revocable permit. Since Pape no longer uses the area as a private parking lot for
vehicles associated with his business, the permit granting right of use should be
revoked. This revocation will return the entire area as a public street.
ACTION TO BE TAKEN
The City Council is requested to approve the enclosed ordinance revoking Ordinance
No. 62 -94 for Art Pape Transfer, Inc. to operate a private parking lot on City -owned
property at East 12 Street.
cc: Steve Brown, Project Manager
Dubuque
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Prepared by:
Return to:
Steve Sampson Brown, City of Dubuque, 50 W. 13th Street, Dubuque, IA (563) 589 -4270
Steve Sampson Brown, City of Dubuque, 50 W. 13th Street, Dubuque, IA (563) 589 -4270
ORDINANCE NO. 52 -10
REVOKING THE REVOCABLE PERMIT GRANTED BY ORDINANCE NO. 62 -94 TO
ART PAPE TRANSFER, INC. TO OPERATE AND MAINTAIN A PARKING LOT
LOCATED ON EAST 12 STREET, JUST EAST OF HIGHWAY 61/151
Whereas, Ordinance No. 62 -94 granted a revocable permit to Art Pape Transfer,
Inc. to operate and maintain a parking lot located on East 12 Street, just east of
Highway 61/151; and
Whereas, the City Council has determined that the permit should now be
revoked.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The permit granted by Ordinance No. 62 -94 and all permission and
authority to occupy the East 12 Street right -of -way is hereby revoked.
Attest:
Section 2. This ordinance shall take effect on publication.
Passed, adopted and approved this 7th day of September 010.
eanne F. Schneider, CMC, City Clerk
PL./
Roy D. Buol, Mayor
Steve Brown - Fwd: FW: 12th Street Parking
From: Steve Brown
Subject: Fwd: FW: 12th Street Parking
From: Loras Pape [mailto:Ipape @papetransfer.com]
Sent: Tuesday, July 13, 2010 1:27 PM
To: 'sbrown @cityofdubuque.org'
Subject: RE: 12th Street Parking
In December of 2004 Mr. Van Milligan emailed me regarding payment for the 12th street closing for 1994 to 2004. I sent a
check. Shortly thereafter Mr. Van Milligan sent me a new proposal raising the rate from $500 per year to $13,500 per year. I
responded with to him stating I would not pay that and I would take the Street Closed signs down and that he could go start
doing the maintenance on the street again. He did not reply and the street has been open to the public since 2005.
Loras Pape
From: Dubuque City Manager [ mailto:ctymgr @cityofdubuque.org]
Sent: Tuesday, December 07, 2004 11:04 AM
To: 'LORAS PAPE'
Cc: Barry Lindahl; 'Cindy Steinhauser; wbaum @cityofdubuque.org
Subject: RE: 12th Street Parking
Loras,
Thank you for your response. The City will commission an appraisal and then make a proposal to you
based on a market rate. Hopefully we can work out a lease.
Michael C. Van Milligen
Dubuque City Manager
City Hall
50 West 13th Street
Dubuque, IA 52001
563 - 589 -4110 - Telephone
563 - 589 -4149 — FAX
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Bill Baum, Economic Development Director
Original Message
From: LORAS PAPE [mailto:Ipape @papetransfer.com]
Sent: Monday, December 06, 2004 3:59 PM
To: Ctymgr @cityofdubuque.org
Subject: 12th Street Parking
When I signed the lease 10 years ago, I thought the City would send a Bill. Anyway, the $4,500 check is in the mail.
I would be interested in continuing the arrangement I've had with the City on 12th Street.
If you drive around the City, you'll see many trucker's parking on the City streets, mostly on weekends. Almost every day you'll
see trailers parked on 12th Street in front of Thermo -King. I'm probably the only one paying rent to park on your streets. Let me
know what needs to be done to continue the arrangement. I'm willing to pay the rate established before.
NEW ITEM: Commercial Property Taxes. They are way too high. You've paved almost every street in town, developed the Ice
Harbor, and are building a new Maintenance Bldg. Commercial Property owners can't bear all of these things. I wanted to come
to your Budget Meeting but have knee surgery on Wednesday. Give and ole man with bad knees some tax relief.
Loras Pape
Dubuque
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Masterpiece on the Mississippi 2007
THE CITY OF
Dub
Mr. Loras Pape
President
Art Pape Transfer, Inc.
1080 East 12 Street
Dubuque, IA 52001
Dear Mr. Pape:
July 10, 2010
RE: Revokable Permit
(Response to May 16 Telegraph Herald Article & the May 17, 2010 Web QA
Communication)
Engineering Department
50 West 13th Street
Dubuque, Iowa 52001 -4805
Office (563) 589 -4270
Fax (563) 589 -4205
TTY (563) 690 -6678
engineer@cityofdubuque.org
www.cityofdubuque.org
On May 16, 2010 the Telegraph Herald featured an article on riverfront property along 12
Street, and Art Pape Transfer, Inc. was referenced as a lessor.
Although Art Pape Transfer, Inc. does have not a lease per se, a revocable permit approved by
the City Council, a copy of which is attached, has been in effect since October, 1994, whereby
the company is authorized to use City right -of -way on East 12 Street for the parking of its semi -
tractors. Section 4 of the permit, Ordinance 62 -94, indicates that this permit can be "rescinded
or revoked by City Council..." Since the company has not submitted a formal request nor has
the City Council taken such action, the revocable permit is still in effect.
If Art Pape Transfer, Inc. wishes to utilize this City parcel, per the terms of the permit, a fee of
$450 per year, payable in advance on the 1 day of November of each year is required by
Section 3.d of the permit. According to City records, a payment of $2,700 is also needed for the
years 2005 to 2010. If the company has discontinued use of this City property, please provide
formal written notification to the City of the effective termination date, submit any past due
amount, and City staff will request City Council to revoke the permit.
If you have any questions or need additional information, please contact me at (563) 589 -4270
or via e-mail at sbrown
cc: Michael C. Van Milligen, City Manager
Barry Lindahl, City Attorney
David Heiar, Economic Development Director
Ken TeKippe, Finance Director
Enc.
Steve Sampson Brown
Project Manager
Service People Integrity Responsibility Innovation Teamwork
•
IOWA:
ORDINANCE NO. 62 -94
AN ORDINANCE AUTHORIZING ART PAPE TRANSFER, INC. TO CONSTRUCT A
PARKING LOT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
Section 1. That Art Pape Transfer, Inc. as the owner of the premises known
as 1080 East 12th Street, Dubuque, Iowa, and legally described as Riverfront
Subdivision be and they are hereby granted the revocable permit and authority to
construct and maintain a parking lot under the terms and conditions set forth in
this Ordinance.
Section 2. That such construction shall be done in accordance with plans
heretofore submitted by permittees and approved by the City Manager, under the
supervision and direction of the City Manager, and in accordance with all
applicable state and federal laws and regulations, and the Ordinances of the City
of Dubuque.
Section 3. That the permission herein granted is expressly conditioned on
permittees' agreement to:
a. Assume any and all liability for damages to persons or property
which may result from the existence, location, installation,
construction or maintenance of said parking lot; and
b. Art Pape Transfer, Inc. further agrees to procure and maintain in
force during the term of this permit a policy of liability insurance
insuring the liability of the City of Dubuque, Iowa, from any
casualty claims arising out of the permit for the use of said
premises or the operation conducted thereon and said liability
policy shall be written with minimal limits of not less than
$1,000,000.00 for injuries to any one person and not less than
51,000,000.00 for any one accident and for not less than
51,000,000.00 for property damage.
c. Pay on behalf of the City of Dubuque, all sums which the City of
Dubuque shall become obligated to pay by reason of the liability
imposed upon the City of Dubuque for damages of any kind resulting
from the location, installation, existence, construction or
maintenance of said parking lot sustained by any person or persons,
caused by accident or otherwise to defend at its own expense and on
behalf of said City any claim against the City of Dubuque arising
out of the location, installation, existence, construction or
maintenance of parking lot and to pay reasonable attorney fees
therefor; and
d. Pay a lease payment of $450.00 per year, payable in advance on the
1st day of each November of each year the lease remains in effect.
e. Indemnify, defend and'hold the City of Dubuque free and harmless
from any and all claims, loss, liability and expense for death
e. Indemnify, defend and hold the City of Dubuque free and harmless
from any and all claims, loss, liability and expense for death
and /or injuries to third persons or damages to property of third
persons, or for damage to any property of the City of Dubuque which
may occur as a result of or in connection with the location,
installation, construction, maintenance and repair of the facility,
work or improvement permitted herein.
Section 4. That the permission herein granted is expressly conditioned
upon permittees' further agreement that should the right and privilege herein
granted be rescinded or revoked by the City Council, permittees, or their
successors in interest, as owners of the abutting property, shall within ten (10)
days after receipt of written notice from the City Manager, so to do, at their
own expense, remove said parking lot and in the event of their failure to do so,
the City of Dubuque shall be authorized to remove said parking lot at permittees'
expense and dispose of the same, and the permittee shall have no claim against
the City or its agents for damages resulting from the removal of said parking
lot.
Section 5. That the City of Dubuque hereby reserves an access easement
over and across the leased portion of 12th Street for the purpose of maintaining
abutting property owned by the City and /or the State of Iowa.
Section 6. That permittees covenant and agree that the revocable permit
herein granted does not constitute an approval of the design, erection, location,
construction, repair or maintenance of said facility and said permittees hereby
covenant and agree not to assert such claim or defense against the City of
Dubuque in the event of claim asserted for death, personal injuries and /or
property damage against the permittees arising out of or in any way connected
with the location, installation, construction, design, repair and maintenance of
the facility herein permitted.
Section 7. This Ordinance shall become effective and the rights hereunder
accrue to Art Pape Transfer, Inc. when this Ordinance has been adopted by the
City Council and the terms and conditions thereof accepted by permittees by
acceptance endorsed on this Ordinance.
Section 8. That the City Clerk be and she is authorized and directed to
file at permittees' expense a copy of this ordinance in the Office of the
Recorder in and for Dubuque County, Iowa.
Passed, approved and adopted this 7th day of November
1994.
Attest: g
/ g four -;'
Mary Davis
City Jerk
PW- PAPE.ORD
ACCEPTANCE OF ORDINANCE NO. 62 - 94
• The undersigned having read and being familiar with the terms and
conditions of Ordinance No. 62 - 94, hereby, for themselves, their successors or
assigns, as owners of the abutting property, accept the same and agree to be
bound by the conditions and agreements therein contained to be performed by
permittees.
. B y:
Title:
Dated:
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FORM 134-077
1 -75
IOWA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY PLAT
EXHIBIT "A"
COUNTY PUBUOUE STATE CONTROL N0.
PROJECT NO F - 61 - 6(22)- -20 - PARCEL N0. 238
SECTION 19 TOWNSHIP_ 89N RANGE 3E
ROW -FEE AC EASE AC EXCESS 120.121 s0. FT.
ACQUIRED FROM LOUIS MIIIALAKIS Et al R e s :r g Sty tv
7?acF+-
DATE DRAWN
RE(0 C4FE
12- APRIL -1993
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