Cottingham & Butler Irrevocable License ROWDubuque
THE CITY OF ~~~/
~~"' ~t.~rltf
DUB E ~'~."~~~~
Masterpiece an tl~e Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Cottingham & Butler -Irrevocable License
800 Main
DATE: December 13, 2007
City Engineer Gus Psihoyos is recommending an irrevocable license for Cottingham &
Butler for encroachment on the public right-of-way.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
1
~~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF ',~,,,. Dubuque
T ~~
~~...1 ~ ~ alac~r
Masterpiece on 1•hc Mississippi
2007
TO: Michael C. Van Milligen, City Manage
FROM: Gus Psihoyos, City Engineer
SUBJECT: Cottingham & Butler -Irrevocable License
800 Main
DATE: December 13, 2007
INTRODUCTION
This is in response to a request from Cottingham & Butler, 800 Main, to encroach the
public right-of-way of 8th Street and the alley adjacent to 800 Main. The encroachment
would be to accommodate a loading dock, transformer enclosure, well head, and
building entrance bump out.
DISCUSSION
Cottingham & Butler has been renovating the interior and exterior of their building at 800
Main. During the process to make the building and its amenities safer, aesthetically
pleasing and historically correct, certain elements have or will encroach the City public
right-of-way.
The plan drawn by Straka Johnson Architects, P.C. identifies the four encroachments.
- The loading dock is proposed to be reconstructed in its existing alley location with
historically correct features that include a canopy.
- The transformer pad, transformer and enclosure are, first and foremost, a safety
issue. The location will now be located in the alley adjacent to 800 Main.
- With current renovations, the geo-thermal HVAC need modification and the well
head needs to be raised to just below grade meeting all Department of Natural
Resources (DNR) regulations.
- First floor bump-out has historical placement with its original building. The new entr~r
is proposed to be 8.4 feet narrower, but encroach an additional 2.5 feet into the 8t
Street right-of-way. This still allows over 7 feet for pedestrian passage.
Eighth Street right-of-way is 64 feet and the alley right-of-way is 30 feet. The
encroachments, as proposed, would not negatively affect passage of vehicles or
pedestrians. Photos of the 8th Street and alleyway are attached for your review.
All required documents have been received: the Irrevocable License Application; signed
Acceptance of Terms; Certificate of Insurance; letter of request; and a drawing of
proposed improvements. The Engineering Department, Building Services, and
Planning have reviewed the material, as it relates to the public right-of-way
encroachment, and have found them all to be in accordance with City standards.
ACTION TO BE TAKEN
It is requested that the City Council approve the Irrevocable License for Cottingham &
Butler to encroach the public right-of-way of 8'h Street and the alley adjacent to 800
Main.
Prepared by: Jane Smith
cc: Rich Russell, Building Services
Laura Carstens, Planning Services
Bob Schiesl, Assistant City Engineer
Jon Dienst, PE
Ron Turner, PLS
~ L
Page 1 of 3
Richard Wolbers
Straka Johnson Architects
3555 Digital Drive
Dubuque, Iowa 52003
December 13, 2007
Mike Van Milligen
City Manager
Second Floor of City Hall
50 W 13T" Street
Dubuque, Iowa 52001
1tleyi f
pia. ~ ~ .
Letter of Application: Irrevocable Encroachment of Public Right-of-Way
Dear Mr. Van Milligen:
~ ~ ~ ~
Cottingham & Butler is applying for an Irrevocable License for portions of The Security
Building, 800 Main Street that encroach on city property. This application is for four (5)
distinct building elements: a loading dock, a transformer enclosure, a well head, and a
bump out of the First Floor.
Attached are Four Exhibits:
1.) Exhibit A:
a. Plat of Survey of the property showing existing encrochemnts
2.) Exhibit B:
a. Exhibit Map of the property showing existing and proposed encroachments
3.) Exhibit C:
a. East Elevation of the Security building showing the Loading Dock and
Transformer Enclosure.
4.) Exhibit D:
a. South Elevation of the Security Building showing the nature of the bump out of
the First Floor Plan
Cottingham & Butler applies for the irrevocable License to encroach on public right-of-way
license based on the following.
1.) The Loading Dock:
a. A loading dock has existed in its present location for the life of the building.
b. This function needs to be adjacent to the interior fright elevator and can not occur
elsewhere inside the building.
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c. The owner has been replaced recently to be more historically appropriate to the
building and the down town area. A canopy will be added and new historically
appropriate doors and hard ware as well.
2.) The Transformer enclosure
a. The transformers that previously served the Security Building were located in a
subbasement below the Alley between the Security Building and the Grand
Opera House. Located such they presented a significant fire hazard and were
vulnerable to water damage that would cause an extended service interruption
should the subbasement flood.
b. Anew transformer was installed on the exterior of the building for life safety and
to protect the business from an extended interruption to their electrical service.
c. For beautification the transformer was enclosed in limestone walls to match the
buildings foundation and opaque historically appropriate gates are to be installed
to provide the ready access to the transformer for service or replacement.
3.) The Well head
a. In the existing Subbasement of the Security Building there presently exists a well
head that is used as part of ageo-thermal HVAC system that serves a significant
portion of the building.
b. Renovations that are ongoing in the building now will increase the portion of the
building that is heated and cooled by this geo-thermal system and well head.
c. The owner has plans and bids in place to modify and raise this well head to just
below grade to comply with Department of Natural Recourses regulations.
d. The well head must be located outside the buildings foot print as a well can not
be drilled inside the building.
4.) The First Floor Bump Out along 8th Street:
a. There is historical evidence that this bump out existed on the original building.
This foot print was re-established in a renovation that occurred in the early
1990's. For historic preservation purposes the architects have proposed
marinating this foot print by replacing the existing bump out with a distinctive and
historically appropriate building facade.
i. The proposed 8th street entry differs from the foot print established in the
early 1990's renovation. As proposed the new entry is 8.4' narrower, but
encroaches and additional 2.5' toward 8th Street. This additional
encroachment is needed to create a large enough vestibule on the interior
of the building at the base of an existing stair. Based on photographs of
the building this additional encroachment is more consistent with the
original foot print of the building than presently exists.
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Note:
The Building addition that encroaches on public right-of-way shown on Exhibit A, Plat of
Survey is to be removed by the Building owner hence this element is not included in this
application.
Regards,
Richard L. Wolbers
RE~EGEh11"IP~L ~OMMERGIAL • INSTIYl1TiQNA
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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 COTTINGHAM & BUTLER
TO CONSTRUCT LOADING DOCK, TRANSFORMER/ENCLOSURE,
WELL HEAD, ENTRANCE BUMP OUT ON PUBLIC RIGHT-OF-WAY
Section 1. COTTINGHAM ~ BUTLER as the owner of the premises,
(Licensee), known as THE SECURITY BUILDING in Dubuque, Iowa, and legally
described as LOT 29, LOT 30 AND THE SOUTH '/2 OF LOT 31, IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA be and is hereby granted an Irrevocable
License and authority to construct and maintain A LOADING DOCK, A
TRANSFORMER/ENCLOSURE, WELL HEAD, A PORTION OF THE FIRST FLOOR
ENTRANCE BUMP OUT, (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, 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.
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.
Signed this day of , 20
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
State of Iowa )
ss:
County of Dubuque )
On this day of ,before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared Roy D. Buol and
Jeanne F. Schneider, 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 and sealed on behalf of the corporation,
by authority of its City Council on the day of ,and Roy
D. Buol and Jeanne F. Schneider acknowledged the execution of the instrument to be
their voluntary act and deed.
Notary Public in and for said State
ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE
The undersigned, being duly authorized to execute this Acceptance on behalf of
,c~ , ~!f2~'Yl+~' u-/' ,and having read and being familiar with the
terms and conditions of the Irrevocable License, hereby, for themselves, its successors
or assigns, as owners of the abutting property, accepts the same and agree to be bound
by the terms and conditions therein contained to be performed by
LICE E .
Signature
Title: ~~
Dated: I I S ~l~ ~~7
.' ~ ~'
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA )
COUNTY OF DUBUQUE )
On this ~~~ day of Ne• ~ , 200~,_before me, the undersigned, a Notary
Public in and for said State, personally appeared ~~tin ~ Qut1~2
~ (NAME/S) to me personally known, OR 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) ' (sign in ink)
~CC. !ilti'1 ~'tfr~ab~ar 135' I i,v
~''•r ~ ?. fix,.. l~a~ ~_ ~ETI`~ J • ~~U~t'TN~ / (Print/type name)
.. 2. ,~==~WH -Notary Public in and for State of Iowa
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER(S)
(CORP SEAL)
AFFIXED
NO SEAL PROCURED
PARTNER(S) LIMITED GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies):
(Title)
1ohv~ ~ ~,tL'r.~
EXHIBIT A
BY: LAWRENCE A. BOYER, L.S. 9761 WHKS & CO., 1775 IL 35 NORTH, EAST DUBUQUE, IL 61025-9689 815 747-
PLAT OF SURVEY
CITY LOTS 29, 30 AND THE SOUTH ONE THIRD OF CITY LOT 31
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
~ ~ -
SCALE IN FEET 1" = 20' ~ ` _`_ •. "' ' •'
`" ~" `" " ' ° " `- " " • • ~ NE CORNER
0 10 20 40 f •• 1 ~_,-`~_•-,SOUTH 1/3 CITY
LOT 31
FOUND CORNER
NW CORNER -~ OF BRICK
SOUTH 1/3 CITY N 67°30'17" E 113.28' (113') r
LOT 31 0
N'LY LINE n
FOUND CORNER SOUTH 1/3 Z
OF BRICK _ CITY LOT 37 AND ~
BUILDING WALL p 4.T
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sLY LINE CITY LOT 29 AND well head
BUILntNG RAD[US~PRIMARY BUILDING WALL
SW CORNER ~ 3.6E SE CORNER
CITY LOT 29 S 67°5 t'S8" w 113.73' (113') I CItt LOT 29
/ FOUND CORNER
42.0 OF STONE FACE
2 2' ~ 22.4 36.0'
1.2' ... 1.2, .. 2.2'
WEST EIGHTH STREET BUILDING WALL AT
DESCRIPTION OF RECORD STREET LEVEL
(64' WIDE)
LOT 29, LOT 30 AND THE SOUTH I/3 OF LOT 31, IN THE CITY OF
DUBUQUE, IOWA, ACCORDING TO THE UNITED STATES
COMMISSIONERS' MAP THEREOF. -
LEGEND
AREA SURVEYED 16,990 SQUARE FEET SURVEYED BOUNDARY LINE
~~~
BASIS OF BEARING IS EASTERLY LINE FOUND BUILDING CORNER ^
OF MAIN STREET RECORD BEARING PLACED CUT "X" IN CONCRETE
N 22°30'00" W RECORD MEASUREMENT ( ~
SUfVBY reClUESt2d by: ,,~~~.~NDr~~~~,, I hereby certify that this lond surveying document was prepared
STRAKA JOHNSON ARCHITECTS, P.C. SU i~ and the reloted survey work was performed by me or under my
:~~Gj -., 'QL a dir onal supervision and that I am a duly licensed Land
(~ r' ~'-.F~ ~ urv under the w of the Sta a of lowo.
J .' LAWRENCE A.':. ~~;.
WHKS & CO- _ BOYER GTI - ~
_ 9761 - Lawrence A. Bo Dote
'- :~ ~ License Number 9761
ERGINEERS PUwRERS uwo suRVEVORS ~~ ~'--~.....-~-''y~ ~ ` Dote of survey: Oc ober 23, 2007
1775 IL 36 NORTH EAST DUBUQUE. IL 61025-9689 at6-747-8633 '' ~~~4jrr~A„`~~~~~` My license renewal date is December 31, 2008.
EJn i~rT. cnr,o _.. Sheets ~r`..o.o.~ ti„ ._ ___,. _~
EXHIBIT B
u tlY: LAWRENCE A. BOYER, L.S. 9761 WHKS & CO., 1775 IL 35 NORTH, EAST DUBUQUE, IL 61025-9689 815 74
EXHIBIT MAP
SHOWING PROPOSED IMPROVEMENTS ON MAIN STREET AND WEST
EIGHTH STREET AND EXISTING IMPROVEMENTS IN ALLEY AT
CITY LOTS 29, 30 AND THE SOUTH ONE THIRD OF CITY LOT 31
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
N 67°30'17" E 113.28' (113')
_ / ~N'LY LINE
N SOUTH 1/3 ..
SCALE IN FEET 1" ~ y0' ° CITY LOT 31 AND '"
BUILDING WALL
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SECURITY BUILDING mN
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BUILDING RADIUS PRIMAitYEBU[LDIN6 WALL D
3.66'
5 67°51'S8~ W 113.73' (173')
2.2' ... 45.6' -
3.T ~J.T 37.6'
_ WEST EIIGHTHcESTREET
C>ESCRIPTION OF RECORD (
LOT 29, LOT 30 AND THE SOUTH 1 /3 OF LOT 31, 1N THIS CITY OF `641 WIDE)
DUBUQUE, IOWA, ACCORDING TO THE UNITED STATES
COMMISSIONERS' MAP THEREOF.
AREA SURVEYED 16,990 SQUARE FEET
8.4SIS OF BEARING IS EASTERLY LINE
OF MAIN STREET N 22°30'00" W
Survey requested by:
STRAKA JOHNSON ARCHITECTS, P.C.
WHKS & CO.
~ ENGINEERS PLANNERS tANO SURVEYORi
775 IL 35 NOiifH EAST DUBUQUE. IL 61025-OEJI° a~._+.
Existing
well head
SE CORNER
CITY LOT 29
FOUND CORNER
OF STONE FACE
2.2'
PROPOSED BUILDING
WALL AT STREET LEVEL
LEGEND
SURVEYED cOUNDARY LINE .~,~~
FOUND BRICK BUILDING CORNER ^
PLACED CUT "X" IN CONCRETE
RECORD MEASUREMENT ~ ~
~.~,~ND r~'~4 and rthe rel fled su~vey work wos performedc by me o~sunderomy
. "~~•' ~..'PL ~' direct per nal supervision and thDl I am o duly licensed Lond
~' ~'•_F~ urve under the la of a State of II~~,,wo.
J ;' LAWRENCE A.': 4 - ~~ / /
- BOYER - /
- 9761 Lawrence A. Boyer Date
License Number 9761
.~ 4Y ~"-••....•"'"~~ ~ Date of Survey: October 25, 2007
-, ~i~~~„OWA ",~~~~~, My license renewol date is December 37, 2008.
Sheets covered by this seal: 1 of 1
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NEW/EXISTING TRANSFORMER
ENCLOSURE, LIMESTONE WALLS
MATCH E+UILDING FOUNDATION,
GATES WITH HISTORIC DECORATIVE
SPINDLES PAINTED BLACK.
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NEW LOADING DOCK IN PLACE OF
REMOVED LOADING DOCK WITH NEW
HISTORIC FRIGHT ELEVATOR DOORS d
STEEL CANOPY PAINTED BLACK WITH
STANDING SEEM GOPRER ROOF.
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COLUMNS
~150UTH ELEVATION
AN ADDITIONAL 2'-6" INTO THE 8TH r
STREET RIvHT OF WAY.
NEW PROPOSED STORE FRONT WALL
TO BE IN SAME PLANE A5 EXISTING
STORE FRONT WALL
ALUMINUM STORE FRONT WITH
DECORATIVE MULLION GAPS
PAINTED BLACK TO MATCH CAST
IRON
TERRA GOTTA BELOW GA5T IRON PANELS
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