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L & I Bldg Salina St Dock OrdCITY OF DUBUQUE, IOWA MEMORANDUM August 1, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Construction Ordinance - L & 1 Building Public Works Director Mike Koch is recommending approval of the request from Lester R. Weber, L & I Building, for placement of an enclosed loading dock within the City right-of-way. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM July 31, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Construction Ordinance - L & I Building INTRODUCTION This is in response to a July 2, 2001 request from Lester R. Weber, L & I Building, formerly known as the Anderson-Weber Building, for placement of an enclosed loading dock within the public right-of-way. DISCUSSION Currently Tandem Tire leases space from L & I Building, located between Salina, Camp, Railroad and Harrison Streets. The reconstruction project of Salina Street will make it impossible for merchandise to be moved in and out of the facility utilizing its present docking stations that are on Salina Street. L & I Building is requesting to place a new enclosed loading dock area on Camp Street right-of-way to accommodate access to the lessee, Tandem Tire. The proposed dock would be 12' x 12', at a 2' height. The dock would be constructed of reinforced concrete. An 8' high, concrete block and roof building would enclose the dock area for activities in inclement weather. Semi-trailers would back into the docking area off and parallel to Camp Street on a declining ramp, 60' long that would put the dock to the floor level of the trucks. Presently Camp Street does not have curb and gutter on the entire length on the south side of this street in the area abutting the proposed docking area. With the Salina Street reconstruction project, 200' of curbing will be added onto Camp Street. All proper documentation has been submitted, which includes the completed construction ordinance, letter of request, drawings and certificate of insurance naming the City as an additional insured. The Engineering Division and the Building Safety Department has approved the plans for the dock and the building. RECOMMENDATION The attached construction ordinance provides for a revocable permit and further requires Lester R. Weber, L & I Building Company to assume all liability, defend the City, and hold the City harmless of any claims that may result from the construction of the loading dock 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 construction of the loading dock in public right- of-way. MAK/vjd Prepared by Jane Smith, Engineering Assistant Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13~h Street, Dubuque, IA 52001-4864 ORDINANCE NO. 51-01 AN ORDINANCE AUTHORIZING LESTER R. WEBER TO CONSTRUCT A DOCK NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Lester R. Weber as the owner of the premises known as L & I Building, and legally described as Block A Industrial Subdivision, City of Dubuque, Dubuque County, Iowa, be and they are hereby granted the revocable permit and authority to construct and maintain a dock 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 dock; 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 Co 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 dock 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 a dock 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 dock and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said dock at permittees' expense and dispose of the same, and the permittees shall have no claim against the City or its agents for damages resulting from the removal of said dock. 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 Lester R. Weber 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 6th day of August, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 51-01 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 51-01, 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: /s/ Lester R. Weber Title: PRESIDENT L & I BUILDING COMPANY Dated: 7-31-01 PROM': ~ PHONE NO. : 5850118 Jul. 05 2001 02:50PM P6, July 2, 2001 CITY COUNCIL CITY OF D~]~3QU~, IOWA Subject: Req, aest for permission to buil~ a r~ceiving/sb-ipping dock on City property adjacent to Ca~ Street. The L & I BUILDING formerly k~ow~as the A~q)ERSON~F2~ BUILDIN~ is located South of Railroad Avenue between Salina ~d Harrison Streets. ~.s ~ilding ia a str~ct~e wi~ ~re th~ 70,000 s~are feet of space that is presentl~ OCcupied b~ s~ (6) tenants. T~ TI~ CO~ ~ the la--st lessee in ~he property. With the current reconstruction of' Sali~ Street, access to the space leased by T~NDEM TIRE CO~T~AN¥ for purposes of mo=ing inventory and/or merchandise in and out of the space will be severely restricted. The present dock facility is located on the Salina Street side of the space, and with the change in the street, semi truck service to this dock will be impossible. Most Of' the inventory md supplies for TAND~TIRE COMPANY are delivered by semi trailers with an average overall length of 70 feet, To receive these vehicles, we ask for authority to build a dock on City property on Camp Street that will service trucks of this size. The trucks will approach the dock parallel to Camp Street heading West and access the dock by a declir~ng driveway to bring the dock to the floor level of the trucks. This dock will again make use of the space leased by TAND~ TIRE cOMPANY practical. We will appreciate your approval of our plans. Respectfully submitted. L & I BOTLDING COM~AN~ DOCK DOOR CAMP STREET DOCK FORL &i BUILDING ACCESS ON CAMP STREET ON / 12' X 12' REINFORCED CONCRETE PAD AT INTERIOR FLOOR I FVEL OF BUILDING. THREE SIDES WILL BE METAL ON 2 X 4 STUDS PAINTED TO MATCH THE SIDE OF THE BUILDING. ROOF WILL BE BUILT-UP " PARKING LOT 20 0 20 60' /~/ / ACORD.. . CERTIFICATE OF LIABILITY INSURANCE 0'/0 /2001DATE<MM'DD ' Wallis,Kunnert,Price & Smith 890 Town C]ock Plaza P.O. Box 176 Dubuque, IA 52004-0176 INSU~B L and I Building Corp. L. R. Weber 1326 N. Brandw~ne Ct. Ft, Myers, FL 33919 COVERAGES 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 INSURER B: INSURER C: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD iNDICATED. NOTWITHSTANDIN~ 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. LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDIYY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY :PP0414721 08/25/1998 08/25/2001 EACH OCCURRENCE $ 1,00~ ,000 X CO M M ERC[AL GENERAL LLABILITY FIRE DAMAGE (Any one fire) $ 100,000 I CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ ~,000 A ~ PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ Unl i ~i ted GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/BP AGG $ 1,000,000 AUTOMOBILE L[ABILITY COMBINED SINGLE LIMIT I ~ OCCUR [] CLAIMS MADE AGGREGATE $ I $ I WORKERS COMPENSATION AND IT~L~%% I I~~ I E~PLO~RS' ~B,U~ The City of Dubuque is named Addit~ottal Tnsured ONLY fo~ the dock constPuction pl~oject CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER ~ CANCELLATION The City of Dubuque SO West 13th St. Dubuque, IA 52001-4864 SHOULD ANY OF THE ABOVE DESCRIBED ~OUCI~ BE CANCELLED BEFORE THE E~(PIRAT[ON DATE THEREOF, THE ISSUING COMPANY WILL ~ MAIL ~ 0 DAYS WPJ*i'TEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEET, AUTHOR[ZED REPRESENTATIVE Fred Kunnert/LTNDA IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificata does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer dghts to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.