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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 kitirl AlWlmericacity 1111 ! 2007 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 kitteg AN- America CNy 1 I I 2007 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 kattrIl AI4jn caghl li 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: s Papg �� 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 U. s . % ' . t ti r m .1 • 1 )i _J 1 1, ) J t=. A &1 , felr:A1' / fflr Alt 4S 4114 UMW" 1•a•b.•N1„v. ary1.1 .ey• W Oie .•A ("NV e•.0FYadN •.• • eq., 0uhga r•F•a,ea.q •N«,•! JWa a. •Ntw•• N•rv,tw rtar14lia.fi01. nt oe aNetmn w our «e a eater:a at W 1*,$ •r dol. aml4N•/Man TMtgwJ pad,. ».0.0 p.0 ne!•,N11•W be!/ 1 Inzdvte 1MNM•w•N.e.. r1N• apvHW p• • N * r�1t...S n w••• an,atl M NW h tgNN a WN^ae1H.•e et ttdeleaW Wl/ N bw P• doe a rAe. eH Mette.. Mtht *sow.,i Art Pape Transfer, Inc. Revocable Permit 100 10 0 1 inch = 200 feet 100 200 Feel w +E Map Prepare By N. C1y0tOvh 1• Eno xelhvDMV< SO Vle0 1140 Sim NIAnue, U S201. Poore (581) 60012e Fax (5631 3111-12< 1 1SO,owtteel. M Papa T,an,45 441.1ap and 1 Pape Ita1,1