Grand Opera House Fire EscapesCITY OF DUBUQUE, IOWA
MEMORANDUM
April 11, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Grand Opera House - Construction Ordinance for Fire Escapes
The Grand Opera House has requested a construction ordinance for two new iron and
concrete fire escapes to serve as required exits from the balcony and main theater floor.
Public Works Director Mike Koch requests adoption of an ordinance approving the
installation of the fire escapes in the public right-of-way.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
April 11, 2001
TO:
Michael C. Van Milligen, City Manager
FROM:
Michael A. Koch, Public Works Director
SUBJECT: Grand Opera House - Construction Ordinance for Fire Escapes
INTRODUCTION
This is a request for a construction ordinance by the Grand Opera House for
two new iron and concrete fire escapes that will serve as required exits from
the balcony and main theater floor.
DISCUSSION
Due to its unsafe and poor condition, the previous balcony exit was removed
with the approval of Building Safety in the fall of 2000. The new proposed
fire escapes would be located in the same location, except that it will be 6"
wider than the original fire escape. Additionally, the main theater floor exit
would be brought up to the grade of the paved elevation, with drainage tied
into the storm sewer lines that exist in the alley.
All proper documentation has been submitted, which includes the completed
construction ordinance, letter of request, drawings, and certificate of
insurance. The plans have been reviewed and approved by Building Safety.
RECOMMENDATION
The ordinance provides for a revocable permit and further requires the Grand
Opera House to assume all liability, defend the City, and hold the City
harmless of any claims that may result from the installation of the fire
escapes within the City right-of-way.
ACTION TO BE TAKEN
The City Council is requested to approve the recommendation and to adopt
the attached ordinance approving the installation of the fire escapes in the
public right-of-way.
Prepared by Jane Smith, Engineering Assistant
3April2001
Jefl]cey Morton, Architect
163 Bradley Street
Dubuque, Iowa 52003
Tel. (319) 585-0043
Fax (319) 585-0952
Ms. Jane Smith, Engineering Assistant
City of Dubuque, Engineering Division
50 West 13t~ Street
Dubuque, Iowa 520014864
Grand Opera House
135 West 8t~ Street
Dubuque, Iowa
Exit Stairs in Public Alley
Dear Jane:
Enclosed please find a completed Construction Ordinance, Certificate of Insurance and Construction
Drawings for proposed new exit sta'n'ways in the North/Sooth Public Alley that runs between 8* and 9e~
Streets and Iowa and Ma'm Streets.
On behalf of the Grand Opera House, I am requesting permission to have constructed new iran and
concrete stairways that serve as required exits fi.om the Balcony and Main Theater Floor of the Grand
Opera House. The purpose of this project is to bring two existing, original exit-ways into complianco with
the current Building Code.
The balcony exit has been served for many years by a narrow iron and wood stair. This stair was in very
poor and unsafe condition. With the approval of the Building Department, it was removed late in the fall of
2000 to accommodate masonry restoration work for the Grand Opera House. It existed in the same
location as we are proposing for the new stair.
The Main Level Theater Floor exit is currently served by an exterior landing that is approximately one foot
below the adjacent paving elevation. There are no steps up to the paving and the lowered landing presents
a drainage problem for the Grand Opera House.
The enclosed Construction Drawings describe the location, configuration and detail of the proposed iron
and concrete exit stairways. Each of these stairways will have protective iron bollards. The landing of the
conercte stair will have a drain that will be tied into the storm sewer line that exists in the alley.
Please call me ifyou have any questions or need more information relative to this proposed work. Thm~k
you for the consideration of this request.
Sincerely,
Jeffrey Morton, Architect
Encl.
c. Sue Riedel, Jim Urell
ORDINANCE NO. 23-01
AN ORDINANCE AUTHORIZING The Grand Opera HouseTo
CONSTRUCT Iron and concrete exit stairs in the public
alley between 8th and 9th Streets.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That The Grand Opera House as the owner of the premises
known as 135 West 8th Street Dubuque, Iowa, . . ' ..~
and they are hereby granted the revocable permit and authority to construct and maintain :exit Stairways
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:
Assume any and ail liability for damages to persons or property which
may result from the existence, location, installation, construction or
maintenance of said stairways ; and
Procure and maintain in force during the term of this permit a policy of
liability insurance as set forth in the attache~l Insura~c_e Schedule;~_and
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 exit stairways 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
exit stairways and to pay reasonable attorney fees therefor; and
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, existence, 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 exit stairways
and in the event of their failure to do so, the City of Dubuque shall be authorized to
remove said exit stairways 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 exit stairways.
Section 5. 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 6. This Ordinance shall become effective and the rights hereunder
accrue to The Grand 0pera House when this Ordinance has been adopted by the
City Council and the terms and conditions thereof accepted by per, mittees by
acceptance endorsed on this Ordinance, and upon publication as provided by law.
Section 7. That the City Clerk be ~nd 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.
Section 8. Iowa One-Call registration is required by State Law and can be
accomplished by calling 1-800-292-8989 and asking for Sharon Deyo. Submit
documentation to the City Engineering Division of One-Call membership when
received.
Passed, approved and adopted this 16th day of April,
2001.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 23-01
The undersigned having read and being familiar with the terms and conditions
of Ordinance No.23-01, 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.
By: Susan Riedel
Title: Theatre Manager
Dated: 4/14/01
Published officially in the Telepgraph Herald newspaper this 23rd day of April, 2001.
Jeanne F. Schneider, City Clerk
1t 4/23
CSR i{4 04/03/01
CERTIFICATE OF LIABILITY INSURANCEg op . DATE(MMIDD/YY)
PRODUCER
Cottingham & Butler, Inc.
300 Security Building
Dubuque IA 52001
Phone:319-587-5000 Fax:319-583-7339
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE PQLICIES BELOW.
INSURERS AFFORDING COVERAGE
4SURED
Grand Opera House
135 8th St.
Dubuque IA 52001-0000
~iINSURER A:
INSURER B:
iNSURER D
I INSURER E;
St. Paul Fire & 14arine Ins Co
COVERAGES
THE POLICIES OF iNSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NO~¥1THSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR'~ -- DATE (MM/DD/YY)
LTR ~TYPE OF INSURANCE ~POLICY NUMBERDATEPOLICY(MM/DD/yy)EFFECTIVE POL¥CY EXP IR~T ON LIMITS-
' GENERAL LIABILITY ~ACH OCCURRENCE ) $ 1000000
L
~ CLAIMSMADE ~ OCCUR MED EXP(Anyoneperson)I~$ 10000
I PERSONAL&ADVIN~JURY $ 1000000
I GENERAL GENERAL AGGREGATE $ 2000000
GEN'LAGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP~OPAGG ~ 2000000
AUTOMOBILE LIABILITY COMBfNED SINGLE LIMIT
ANY AUTO (Ea acddent)
; ~ ALL OWNED AUTOS BODILY iNJURY
__ SCHEDULED AUTOS (Per person/
HIRED AUTOS BODILY INJURY
~ NON-OWNED AUTOS ; (Per accident)
er accident)
GARAGE L,ABILITY I AUTO ONLY - EA ACCIDENT ];
'ANY AUTO OTHER THAN EA ACC
[ I AUTO ONLY: AGG
EXCESS LIABILITY ! E~AE~C R OCCURRENCE $$
: WORKERS COMPENSATION AN D ~ I TORY Li~MfTSI
EMPLOYERS' LIABILITY ~.L EACH ACOtDENT ! $ --
~1 EL DISEASE - EAEMPLOYEE $
JEL DISEAS~-POLCYLIMT
OTHER
/
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
The certificate holder is named additional insured on the general liability
with respect to the fire escape.
CERTIFICATE HOLDER I ¥ ADD T ONAL NSURED; NSURER LETTER ~ CANCELLATION
CIDUIA0
City of Dubuque
135 West 8th St
Dubuque IA 52001
ACORD 25-S (7/97')
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
1 0 DAYS WRR~'EN NOTICE TO THE CERTIFICATE BOLDER NAMED TO THE
LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO ORLIGATION OR LIABILITY OF
ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
Sm~ll Commercial
__ GRAND OPERA' HOUSELOBBY
~i.~. t~ Sucet.
(~) Main ·Level Plan atExlt. Stairs'
ORDINANCE NO. 23-O1
AN ORDINANCE AUTHORIZING The Grand Opera HouseTo
CONSTRUCT Iron and concrete exit stairsin the ~ublic
alley between 8th and 9th Streets.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That T~e Grand Opera House as the owner of the premises
known as 135 West 8th Street Dubuque, Iowa, and legally described as
be and they are hereby granted the revocable permit and authority to construct and
maintain ~ exit stairways 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:
Assume any and all liability for damages to persons or property which
may result from the existence, location, installation, construction or
maintenance of said stairways -; and
Procure and maintain in force during the term of this permit a policy of
liability insurance as set forth in the attached Insurance Schedule; and
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 exit stairways 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
exit etaiz~vays and to pay reasonable attorney fees therefor; and
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, existence, 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
and in the event of their failure to do so, the City of Dubuque shall be authorized to
remove said exit stairways 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 exit stairways
Section 5. 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 6. This Ordinance shall become effective and the rights hereunder
accrue to T~e Granc~ Opera House 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 7. 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.
Section 8. Iowa One-Call registration is required by State Law and can be
accomplished by calling 1-800-292-8989 and asking for Sharon Deyo. Submit
documentation to the City Engineering Division of One-Call membership when
received.
Passed, approved and adopted this
2001.
Terrance M. Duggan, Mayor
Attest: -
Jeanne F. Schneider, City Clerk
16th day of April
ACCEPTANCE OF ORDINANCE NO. 23 -O1
The undersigned having read and being familiar with the terms and conditions
of Ordinance No. 23 -01, 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.
/'/
~ ., CSR R4 I 04/03/01
iAce .z .'4 CERTIFICATE OF LIABILITY INSURANC p.,oP,1 DATS,MM D'
Cottingham & Butler, Inc.
300 Securit~Building
Dubuque IA 52001
Phone:319-587-5000 Fax:319-583-7339
qSURED
Grand .Opera House
135 8th St.
Dubuque iA 52001-0000
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
;NSUREBA: St. Paul Fire & ~arine Ins Co
INSURER B:
INSURER C:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N O~,NiTH STAN DING
ANY REQUIREMENT, TERM OR CONDITION OF ANy CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH~S CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA~D CLAIMS.
POLICY EFFECTIVE POL]CY EXPIRATION
PEOE.NBURARCE I PO.DYNUMBER I BATE MM,DD I I DATE M OD I .MITS
GENERAL LIABILITY ! [ EACH OCCURRENCE I $ 1000000
~] COMMERCIALGENERALLIABILITY CK06607200 I 05/01/00 05/01/01 FIREDAMAGE(Anyonefire) $ 50000
A ----I CLA]MSMADE ~ OCCUR ! I MED EXP (Any one person}! $ 10000
I-- I PERSONAL & ADV INJURY ~, $ 1000000
i I ~ GENERAL AGGREGATE $ 2000000
~,GEN'LAGGREGATELIMITAPPUESPER:II PRODUCTS*COMPIOPAGG S2000000
I POLICY ! I JECT i I LOC J
J COMBINED SINGLE LIMIT
i BODILY INJURY i $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS Per a~ident) $
PROPERTY DAMAGE
ANY AUTO i AuToOTHERoNLy:THAN
AGG
EXCESS LIABILITY I ~ACH OCCURRENCE $
i I RETENTION $ a [ $
WOR ERB BDMPENBATION AND ITDRY"MITBI-
! I ! i E.L. EACH ACCIDENT I $
' ' ! E'L' DISEASE - EA EMPLOYEEi $
i OTHER I
The certificate holder is named additional insured on the general liability
with respect to the fire escape.
'1 Y I ADDITIONAL INSURED: INSURER LETTER: A__
CERTIFICATE
HOLDER
CANCEL~TiON
CIDUIA0
City of Dubuque
135 West 8th St
Dubuque IA 52001
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LU~ILITY OF
ANY KIND UPON THE INSURER, iTS AGENTS OR REPRESENTATIVES.
AGORD 25-S (7/97)
CERTIFICATE OF CITY CLERK
STATE OF IOWA
:
C .OUNTY OF DUBUQUE
I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified,
and acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as
such Clerk I have in my possession or have access to the records of the
proceedings of the City Council. I do further state that the hereto attached
Ordinance No. 23-01 is a correct copy of the original Ordinance No. 23-01
approved and adopted by the City Council of the City of Dubuque, Iowa, at a
session held by said Council on the 16t~ day of April, 2001.
In Testimony Whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa.
Dated at Dubuque, Iowa on this 18'h day of April, 2001.
Jeanne F. Schneider
City Clerk
City of Dubuque, Iowa
own ~
City Cler~
STATE OF IOWA
DUBUQUE COUNTY
{ SE
CERTIFICATION OF I
T^MMY M. FELDMANN
Connnunications, Inc., an Iowa corporation,
newspaper of general circulation published
Dubuque and State of Iowa; hereby certify th
in said newspaper on the following dates
, 20 ~/ , and for wt
Subscribed to before me, a Notary Public in a:
this c~' day of
Notary P~
and agree
or
r death personal
inju~ie~ and?oL property, ~lam-
age 'agciOSt 'the permittees
aP~si~g 6utef or ir~ any way