Irrevocable License - UD Medical School at 500 Main Street
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Irrevocable License – UD Medical School at 500 Main Street
DATE: August 25, 2025
City Engineer Gus Psihoyos is recommending City Council approval of an irrevocable
license for the University of Dubuque at 500 Main Street to encroach in the public right
of way as described in the irrevocable license.
This is in response to a request from the University of Dubuque to encroach on City
property. The encroachments will include portions of the existing and proposed building
and building foundation.
An irrevocable or revocable license is required when property owners request to
encroach upon the public right of way. Examples of encroachments upon the public
right of way can include planters, benches, fences, steps, awnings, windows, buildings,
earthen embankments, ADA ramps, loading docks, private utilities, bollards, and
sprinkler systems.
The property at the northeast quadrant of 5th Street and Main Street is being
redeveloped by the University of Dubuque for new College of Osteopathic
Medicine. This building at 500 Main Street is the former Prudential building. The
existing building is being remodeled, and part of the work is to demolish and reconstruct
the parts of the south and west façade to create a new building entrance. Portions of
the existing building and foundation, as well as portions of the proposed building
reconstruction will encroach in the adjacent city street rights of way.
Through this Irrevocable License process the encroachments will be recognized by the
new owners who assume all terms and conditions as defined in the license.
All documents have been received from the University of Dubuque including an exhibit,
irrevocable license, insurance, and license fee. The Engineering Department, Planning
Services and Building Services have reviewed and approved the request for the
continued operation of this encroachment. All public and private utilities owners
affected by the encroachments have reviewed and approved the plans and have
submitted signed consent forms.
Page 3 of 421
2
As part of the property redevelopment the University of Dubuque will also be requesting
approval for several minor right of way encroachments including but not limited to
dumpster enclosure, HVAC systems, and steps and railings. These encroachments will
be reviewed and approved administratively via the revocable license process.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
_____________________________________
Michael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, PLS/PE
Page 4 of 421
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Irrevocable License – UD Medical School at 500 Main Street
DATE: August 22, 2025
INTRODUCTION
This is in response to a request from the University of Dubuque to encroach on City
property. The encroachments will include portions of the existing and proposed building
and building foundation.
BACKGROUND
An irrevocable or revocable license is required when property owners request to encroach
upon the public right of way. Examples of encroachments upon the public right of way
can include planters, benches, fences, steps, awnings, windows, buildings, earthen
embankments, ADA ramps, loading docks, private utilities, bollards, and sprinkler
systems.
DISCUSSION
The property at the northeast quadrant of 5th Street and Main Street is being redeveloped
by the University of Dubuque for new College of Osteopathic Medicine. This building at
500 Main Street is the former Prudential building. The existing building is being
remodeled, and part of the work is to demolish and reconstruct the parts of the south and
west façade to create a new building entrance. Portions of the existing building and
foundation, as well as portions of the proposed building reconstruction will encroach in
the adjacent city street rights of way.
Through this Irrevocable License process the encroachments will be recognized by the
new owners who assume all terms and conditions as defined in the license.
All documents have been received from the University of Dubuque including an exhibit,
irrevocable license, insurance, and license fee. The Engineering Department, Planning
Services and Building Services have reviewed and approved the request for the
continued operation of this encroachment. All public and private utilities owners affected
by the encroachments have reviewed and approved the plans and have submitted signed
consent forms.
Page 5 of 421
2
As part of the property redevelopment the University of Dubuque will also be requesting
approval for several minor right of way encroachments including but not limited to
dumpster enclosure, HVAC systems, and steps and railings. These encroachments will
be reviewed and approved administratively via the revocable license process.
RECOMMENDATION
It is recommended that the request for an irrevocable license for the University of
Dubuque at 500 Main Street to encroach in the public right of way as described in the
irrevocable license be approved.
BUDGET IMPACT
The application fee of $650 has been received and will be receipted as part of the public
license revenue.
ACTION TO BE TAKEN
It is recommended that the attached irrevocable license for the University of Dubuque at
500 Main Street be approved and the City Clerk record the irrevocable license in the office
of the County Recorder.
Attach.
cc: Nate Kieffer, PLS/PE
Page 6 of 421
Page 1 of 1
Benjamin H. Beard, AIA
Straka Johnson Architects
3555 Digital Drive
Dubuque, Iowa 52003
August 21, 2025
Mike Van Milligen
City Manager
Second Floor of City Hall
50 W 13TH Street
Dubuque, Iowa 52001
Letter of Application: Irrevocable Encroachment of Public Right-of-Way
Dear Mr. Van Milligen:
University of Dubuque is applying for an Irrevocable License to allow portions of the renovation of
University of Dubuque John & Alice Butler College of Osteopathic Medicine at 500 Main Street to
encroach on city property. Including the following:
1. Proposed building proper and footing foundation at southwest corner of building.
2. Existing building foundation encroachments.
Refer to attached;
• Irrevocable Exhibit Site Plan
• WHKS Civil Plans
Conlon Construction is in the process of obtaining written consent from all utilities in vicinity of project,
including Alliant Energy, Black Hills, ImOn, CenturyLink/Lumen, Comelec, & Mediacom.
If we can provide further clarification or information for your consideration, please don’t hesitate to
reach out. Thank you for your consideration of this important matter.
Sincerely,
Benjamin H. Beard, AIA
Page 7 of 421
Doc ID: 011400700008 Type: GEN
Kind: MISCELLANEOUS
Recorded: 08/28/2025 at 01:49:22 PM
Fee Amt: $42.00 Paqe 1 of 8
Dubuque County Iowa
Ann E. Sweeney Recorder
File2025-000091 V /
Prepared by: Gus Psihoyos, City Engineer, City of Dubuque, 50 W. 13"' Street, Dubuque, IA 52001 (563 589-4270)
Return to: Gus Psihoyos, City Engineer, City of Dubuque, 50 W. 13"' Street, Dubuque, IA 52001 (563 589-4270)
IRREVOCABLE LICENSE
AUTHORIZING University of Dubuque
TO CONSTRUCT See Attached Irrevocable Letter of Application
ON PUBLIC RIGHT-OF-WAY
Section 1. University of Dubuque as the owner of the premises,
(Licensee), known as 500 Main Street in Dubuque, Iowa, and legally
described as Lot 1, Block 13, Dub. Downtown Plaza Per Inst. No. 14722-99 be and is hereby
granted an Irrevocable License and authority to construct and maintain
See Attached Irrevocable Letter of Application , (Encroachment) (see attachment for
location) under the terms and conditions set forth in this License.
Section 2. The permission herein granted is expressly conditioned on
Licensee's 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 Encroachment;
b) Procure and maintain in force during the term of this License a policy of liability
insurance as set forth in the attached Insurance Schedule;
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 Encroachment 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 Encroachment and to pay reasonable attorney fees therefor; and
d) Indemnify, defend and hold the City of Dubuque free and harmless from any
and all claims, including but not limited to damages, 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 Encroachment.
e) Any special conditions as set forth for this License as identified:
Section 3. The Encroachment shall be maintained in accordance with all
applicable state and federal laws and regulations, and the Ordinances of the City of
Dubuque.
Section 4. Licensee covenants and agrees that the Irrevocable License herein
granted does not constitute an approval of the design, erection, location, construction,
repair or maintenance of said Encroachment and Licensee hereby covenants and agrees
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 Licensee arising out
of or in any way connected with the location, installation, construction, design, repair and
maintenance of the Encroachment.
Section 5. This Irrevocable License shall become effective and the rights
hereunder accrue to Licensee when this License has been approved by the City Council
and the terms and conditions thereof accepted by Licensee by acceptance endorsed on
this License. This Irrevocable License is not assignable or transferable to another
location. This license is for this property only.
Section 6. The City Clerk is authorized and directed to file at Licensee's
expense a copy of this License in the Office of the Recorder in and for Dubuque County,
Iowa.
Section 7. Iowa One -Call registration may be required by the Code of Iowa.
When applicable Licensee shall submit documentation to the City Engineer of Iowa One -
Call registration membership.
th
Signed this day of vo 115 , 209
Bra anagh, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
State of Iowa )
) ss:
County of Dubuque )
� r
On this day ofA ow' qt c� before me, the undersigned,
a Notary Public in and for the Statd of Iowa, personally appeared Brad M. Cavanagh and
Adrienne N. Breitfelder, to me personally known, who, being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a
municipal corporation, that the seal affixed to the foregoing instrument is the corporate
seal of the corporation, and that the instrument was signed d sealed on behalf of he
�cor or ion, by authority of its City Council on the day of � ' L ,
, and Brad M. Cavanagh and Adrienne N. Breitfelder acknowle ed the
execution of the instrument to be their voluntary act and de ed.
CRENNA BRUMWEII No ary Public in and for said State
Commission Number 743873
M Corn fission Ex ires
ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE
The undersigned, being duly authorized to execute this Acceptance on behalf of
The University of Dubuque , and having read and being familiar with the
terms and conditions of the Irrevocable License, for itself and, its successors, accepts the
same and agrees to be bound by the terms and conditions herein contained.
By:
James Steiner
Title: VP, Finance
Dated: P, k� b S
Signature requires notary
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA )
COUNTY OF DUBUQUE )
On this _I b*" day of 2025 before me, the undersigned, a Notary
Public in and for said State, personao appeared .lames Steiner
(NAME/S) to me personally known, OR 2 proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) acted,
executed the instrument.
(Notary Seal)
eE
EMILY OSTWINKLE (sign in ink)
Commission Number8�7�T9my Comm. UP � Ftii i l t j (print/type name)
Notary in and for State of Iowa
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
X CORPORATE OFFICER(S)
(CORP SEAL)
AFFIXED
NO SEAL PROCURED
VP, Finance
PARTNER(S) _ LIMITED GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies):
The University of Dubuque
(Title)
Checklist of Required Items for Irrevocable Encroachment of Public Right -of -Way
Project Description:
Submitted:
Letter of Application
Application License
Insurance Certificate
Drawing w/Dimensions
& Right -Of -Way
Use Attached Detail Drawing sheet or scale
Plan of your choice
License Fee ($650.00 UNLESS OTHERWISE INDICATED) -
(Does not include Permit to Work In Right of Way Fee or Recording Fee)
* Amount of staff investigation, review, involvement, reason for encroachment, may
necessitate the adjustment of this fee and will be determined by the City Manager.
Recording fee for this document is not included.
Any permits through Building Services or other departments are not included.
STANDARD FORM FOR "IRREVOCABLE" ENCROACHMENT LICENSE
1 222014
Rev 11 18 2015 — 2b
0201 2024
➢r 1, Nunn fi—JEC-20\21915 - U2 O.MoputMlc M.W 1—DRi N. 1—R-...bl. - 11,111 abl. L-1-11—... - E.brlt.d, Loss Mudlfl.bi RUB 21, 292b - 9,59— Pl—ld — RY2 21, 2225 - 959- by rJocob.n.l.r
R 4
33 cI
R 444446
V 44 vot
4 44444
D AV" 15 NOT To SCALE LHISS FMKT D ON 96Xf3"
Ixs E D SET
n
N
"I
DOTAR8m -
li f3
NOT FOR
§° I
0016TNUCTm
_
9
��
I
UNIVERSITY of
DLIBLiQLIE
.IOFf UNIVERSITY ALA �
GOLLe6O OF OSTEOPATHIC MEDICINE
' "=
�.,....�.........,..
• •
=01 sr�a�T Johnsont.,
Archltscte, P.G.
PAsvgw, Tw+ 33009
9353 99, Q3,�,
_ � River 1163) Y6 - 80T
f� /
500 MAIN STREET, DU6UGUE, IOWA
PREPARED BY: JEREMr' P. LEEMON L.S. 22650 W-iKS & CO., 8C1 BLUE- ST. SUITF 9(-, M1Rlln11F IA �„nn ('P�)
Exhibit for Irrevocable License:
Right of Way Encroachments
Lot 1 of Block 13, Dubuque Downtown Plaza,
In The City of Dubuque, Iowa
E2T� o
067
Y �
60H1P��51
O
FoOTE\Ek2} CEO OppN�°�51F
PPW"' Pa'v POW \
o
; \\
11P
Ems' \ Irwie�M. w��ro
gory, e�agTn \
new anroviurnvAynas
zaews�Ao inr.Pi
\
•eSi `
\
�O \
(eJ06 AOREeI
1 `
IPA
Ja4 s1eeN°°}s�ewP1.M�'0 W \\ .s'
Y
1'0
Sao
vNE
�
0�1'Il
E}
I hereby eerdfy abal able hind s ybq d—t was prepared and bre
related survey work was pert--d by me m Omer my direct per —al
N e
`s'n'p—Laldar the miaw.ofl"irelsuteof lowa1emeed Pro/asmnal Land Seneyor
', A JEREMV P. LEEMON, P.LS. DATE
Al U—Numbr: 22650
C MyIkensereryweldateis DECEMBER 31. 2026.
0 20 N �Pages or Meets —red by this seal:
FEET
k --- --
LEGEND
M MEASURED DIMENSIONhk�. SHEET
— — — - BUILDING FOUNDATION^"
-- SURVEYED BOUNDARY LINE men... 1 OF 1
engineers+ planners +land surveyors
— - - E)USTING R.O.W,
BASIS OF BEARING IS NAD83(2011) IOWA NORTH ZONE MKS OJECT NO. 10341