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Home My WebLink About2009-03-24 Resolution03-24-09 ~? ' 2c(8) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 09-79 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Caliente Night Club, Inc. - 171 Highway 1 West Passed and approved this 24th day of M h , 20 09 MAY Approved b ATTEST: CI1 CLERK City Attorney's Office ~a~~~~e7 It was moved by 0' Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES x x x x X x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright ~~ ~~~-> '~ Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053 RESOLUTION NO 09-80 RESOLUTION SETTING A PUBLIC HEARING FOR APRIL 6, 2009 ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," ARTICLE 5, ENTITLED, "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE RESIDENTIAL SOLID WASTE COLLECTION FEES. WHEREAS, pursuant to Chapter 384, Code of Iowa (2007), the City of Iowa City provides certain solid waste collection and disposal services; and WHEREAS, it is in the public interest to increase certain fees and charges associated with said solid waste collection and disposal services; and WHEREAS, the Iowa City City Council proposes to increase residential solid waste collection fees by approximately three and one-half percent (3.5%) for billing on or after July 1, 2009, to adequately finance operational costs; and WHEREAS, the City Code requires that notice and public hearing on proposed changes in rates for fees and charges for City utilities be provided to the public, prior to enactment of said rates for fees and charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: A public hearing on an ordinance amending Title 3 entitled "City Finances, Taxation and Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Article 5, entitled, "Solid Waste Disposal," of the City Code to increase Residential Solid Waste Collection fees, is to be held on the 6th day of April, 2009, at 7:00 p.m., in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. Passed and approved this 24th day of ATTEST: ~_~ • 5'C 2fit~ CI LERK 2009. ~z~,,,~ fi nadm\res\sol idwaste.doc City Attorney's Office`~/~y/, Resolution No. 09-80 Page 2 It was moved by O'Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic. doc 2e 2 Prepared by: Kevin O'Malley, Finance Direc~or, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053 RESOLU1110N NO. RESOLUTION SETTING A PUS ORDINANCE AMENDING. TITL~ FEES," CHAPTER 4 ENTITLED! BONDS, FINES AND PENALTIE DISPOSAL," OF THE CITY COD SOLID WASTE COLLECTION FE LIC HEARING FOR APRIL 7, 2009` ON AN 3 ENTITLED "CITY FINANCES, T,A~XATION 8~ "SCHEDULE OF FEES, RAT ,CHARGES, ,S," ARTICLE 5, ENTITLED, SOLID WASTE ~ TO INCREASE OR CHA GE RESIDENTIAL WHEREAS, pursuant to Chapter 384, Code of Iowa (2007), t17~City of Iowa City provides certain solid waste collection and disposal services; ~nd ,,/ WHEREAS, it is in the public interest to inch solid waste collection and disposal services; a WHEREAS, the Iowa City City Council pri by approximately three and one-half pi adequately finance operational costs; and fees and charges associated with said increase residential solid waste collection fees 5%) for billing on or after July 1, 2009, to WHEREAS, the City Code requires that tice a public hearing on proposed changes in rates for fees and charges for City utilities be rovided t the public, prior to enactment of said rates for fees and charges. NOW, THEREFORE, BE IT RES LVED BY TH CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: f 1. A public hearing on a ordinance amending itl Fees," Chapter 4 titled "Schedule of F Penalties," Article ,entitled, "Solid Waste Residential Solid aste Collection fees, is to b p.m., in the Em ~ J. Harvat Hall, City Hall, Iowa at the next me ing of the City Council thereafter 3 entitled "City Finances, Taxation and ~, Rates, Charges, Bonds, Fines and sposal, of the City Code to increase held on the 7th day of April, 2009, at 7:00 amity, Iowa, or if said meeting is cancelled, ~s posted by the City Clerk. 2. The City Clerk is hereby authorized and directed tc~ the above~hamed project in a newspaper publish general circulation in the City, not less than four (4) said he~fr-ing. Passed and; approved this day of i' ATTEST: CITY CLERK fi nad mVes~sol idwaste.doc publish notice of the public hearing for d at least once weekly and having a lior more than twenty (20) days before 2009. MAYOR by City Attorney's Office 3 ~, ~ ~~, 4, ~, Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5142 RESOLUTION NO. 09-81 RESOLUTION SETTING A PUBLIC HEARING ON APRIL 6, 2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BURLINGTON STREET PEDESTRIAN BRIDGE RENOVATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 6"' day of April, 2009, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 24th day of ATTEST: ~~~ CIT LERK It was moved by O'Donnell and upon roll call there were: AYES: X X ~_ ~_ _~~ ~_ ~- March 20 09 Attorney's Office 3~ay~~ and seconded by Champion the Resolution be adopted, NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright ~. ~e ~ 3~ pwenglreslburlstpedbrdg-setph.doc 3/09 2e 3 Prepared by: Denn~Gannon, Asst. City Engineer, 410 E. Washington St.l Iowa City, IA 52240, (319)356-5142 RESOLUTION NO. RESOLUTION SE ING A PUBLIC HEARING ON APRIL 7, 2009 ON PLANS, SPECIFICATIONS, ORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTIO OF THE BURLINGTON S EET PEDESTRIAN BRIDGE RENOVATION PROJE T, DIRECTING CITY CL RK TO PUBLISH NOTICE OF SAID HEARING, AND ~QIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PU LIC INSPECTION. BE IT RESOLVED BY THE COUNC~ OF THE CITY ~JF IOWA CITY, IOWA 1. That a public hearing on the pl ns, specifi tions, form of contract, and estimate of cost for the construction of the abov mention d project is to be held on the 7th day of April, 2009, at 7:00 p.m. in the Emma J. arvat all, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of t e ty Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authoriz and directed to publish notice of the public hearing for the above-named project inane s aper published at least once weekly and having a general circulation in the City, not I ss t n four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, sp cifications, form of contract, and estimate of cost for the construction of the above-n ed project I hereby ordered placed on file by the City Engineer in the office of the ity Clerk for pu lic inspection. Passed and approved this ~_ day of , 20 MAYOR A roved by /~^ A~Un L ~a/ ATTEST: i~ 2 CITY CLERK ;' ity Attorney's Office ~~~~~o It was moved by `' and seconded by the Resolution be adopted, and upon roll call there were: ~ AYES: NAYS: ABSENT:' Bailey Champion Correia Hayek O'Donnell Wilburn Wright pweng/res/bu rlstped brdg-setph. doc 3/09 Mk~ Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5138 RESOLUTION NO. 09-82 RESOLUTION SETTING A PUBLIC HEARING ON APRIL 6, 2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2009 WATER MAIN DIRECTIONAL BORING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~ec~~ That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 6th day of April, 2009, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 24th day of March , 20 09 c ATTEST: ~i~' C- I1~tERK i Q Appp~roved byv ~/~-r~ .-F~z.~e~r.-~daar~~~~~~ City Attorney's Office 3~~ `/~d~ pweng\setph-09watennain. doc 03-09 Resolution No. 09-82 Page 2 It was moved by O'Donnell adopted, and upon roll call there were: AYES: and seconded by Champion the Resolution be NAYS: ABSENT: x Bailey x Champion x ~ Correia x Hayek ~ O'Donnell _ x Wilburn x Wright wpdata/glossary/resolution-ic.doc 2e 4 Prepared by: Ron Knoche, City Engineer, 41(~ E. Washington St., Iowa City, IA 52240, (319)356-5138 RESOLUT RESOLUTION SETTING A PUBLIC SPECIFICATIONS, FORM OF CON THE CONSTRUCTION OF THE 200E PROJECT, DIRECTING CITY CLE HEARING, AND DIRECTING THE CI' ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE C That a public hearing on the plans, specific for the construction of the above-mentione 2009, at 7:00 p.m. in the Emma J. Harvat H is cancelled, at the next meeting of the City OF IOWA CITY,,1OWA: tions, form p# contract, and estimate of cost project is,,to be held on the 7th day of April, I, City Mall, Iowa City, Iowa, or if said meeting ¢uncit'thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and di `e for the above-named project in a newspaper p general circulation in the City, not less then fou said hearing. 3. That the copy of the plans, specifications, form construction of the above-named project is he Engineer in the office of the City Clerk for public Passed and approved this day of F' ATTEST: CITY CLEJ~K pweng\setph-09waterma inRloe 03-09 NO. FARING ON APRIL 7, 2009 ON PLANS, FACT, AND ESTIMATE OF COST FOR WATER MAIN DIRECTIONAL BORING K TO PUBLISH NOTICE OF SAID ENGINEER TO PLACE SAID PLANS cted to publish notice of the public hearing blished at least once weekly and having a (4) nor more than twenty (20) days before contract, and estimate of cost for the ~y ordered placed on file by the City pection. 20 MAYOR proved by Attorney's Office 3~~~/~,~ ~~ Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5138 RESOLUTION NO. 09-83 RESOLUTION SETTING A PUBLIC HEARING ON APRIL 6, 2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2009 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~ ~ r _~'~ That a public hearing on the plans,. specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 6th day of April, 2009, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 24th day of March , 20 09 ATTEST: 7 CIT ERK Approved by - City Attorney's Office ~;/a y~G~~~ pwe ng\setph-09-pavement-waterm a i n. doc 03-09 Resolution No. 09-83 Page 2 It was moved by O'Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek g O'Donnell ~_ Wilburn x Wright wpdata/glossary/resolution-ic.doc 2e 5 Prepared by: Ron Knoche~City Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5138 UTION NO. RESOLUTION SETTING PUBLIC HEARING ON APRIL 7, 2009 ON PLANS, SPECIFICATIONS., FORM F CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION O THE 2009 PAVEMENT jR€PLACEMENT FOR WATER MAIN PROJECT, DI ECTING CITY CLERK~TF3 PUBLISH NOTICE OF SAID HEARING, AND DIRE TING THE CITY EI~UINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC SPECTION. BE IT RESOLVED BY THE COUNCIL O THE CITY IOWA CITY, IOWA: i 1. That a public hearing on the plans, speci 'cations, form of contract, and estimate of cost for the construction of the above-m nti ned project is to be held on the 7th day of April, 2009, at 7:00 p.m. in the Emma J. H at Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of tai City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby a~orize and directed to publish notice of the public hearing for the above-named project i+`- a news aper published at least once weekly and having a general circulation in the Ci~, not less an four (4) nor more than twenty (20) days before said hearing. %~ 3. That the copy of the plans, specificatio s, form of contract, and estimate of cost for the construction of the above-named proje t is hereby ordered placed on file by the City Engineer in the office of the City Clerk for ublic inspection. Passed and approved this day of , 20 MA' ATTEST: CITY'CLERK pwenglsetph-09-pavement-watermain. doc 03-09 !. ~_ / App oved by ,~ ,I, 1, ~ % r, f ~ c 6 City Attorney's Office 3~~~~~~y `, i M I~ 2f(1 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION N0. 09-84 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 3322 TULANE AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the owners of the property on October 13, 1995, and recorded on November 7, 1995, in Book 1994, Page 83 through Page 87, in the Johnson County Recorder's Office covering the following described real estate: Lot 228 in Oak Woods Addition Part Six, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 10, Page 67, Plat Records of Johnson County, Iowa. WHEREAS, Hills Bank and Trust has refinanced a mortgage to the owner of the property located at 3322 Tulane Avenue and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, Hills Bank and Trust, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust; and WHEREAS, there is sufficient value in the above-described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust, Coralville, Iowa. Passed and approved this 24th day of March , 20 09 ATTEST Tice Resolution No. 09-84 Page 2 It was moved by O'Donnell and seconded by hamnion _ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek X O'Donnell ~_ Wilburn ~_ Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust of Coralville, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgaqe which at this time is in the amount of $2,048, and was executed by Elias Zaharias (herein the Owner), dated October 13, 1995, recorded November 7, 1995, in Book 1994, Page 83 through Page 87, Johnson County Recorder's Office, covering the following described real property: Lot 228 in Oak Woods Addition Part Six, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 10, Page 67, Plat Records of Johnson county, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $ ~I ~~ on a promissory note to be executed by the Financial Institution and the owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgaqe held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgaqe held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this ~~ day of M+42Cr: F , 20~. CITY OF IOWA CITY FINANCIAL INSTITUTION -- _ By - ~~~~ 1~P 3 ~9 y Mayor B Attest: City erk CITY'S ACKNOWLEDGEMENT STATE OF IOWA SS: JOHNSON COUNTY ) On this ~ day of ~2 c~-- , 20~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared l~eaent ~ ..~. ci; ~eLr and Marian K. Karr, to me personally known, and, who, being by me my sworn, did say that hey are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; 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, as contained in (Ordinance) (Resolution) No. o - passed (the Resol~t'on adopted) by the City Council, under Roll Call No. of the City Council on the a~ day of /Y-gacrt-- , 20 0~_, and that -~~4c,~: ~. tJ' . ~tL.~ ~2v and Marian K. Karr acknowledged the execution of the instrum t to be their voluntary acct and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ~ SONDRAE FORT Jb~r~wt~~t„ ~~ Commission Number159791 Nota Public in and for the State of Iowa My Comm ion res rY 3 d2oi LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ~ day of , 20~, before me, the u de/rsi1gne'd`,,~ ,Notary Public in and for the State of Iowa, personally appeared ~,~~~-~n~~WG~~I~ to me personally known, who being by me duly sworn, did say that he/she is the ~/~ (~~, ~r~Q,(,~dt(~'W of ~~~d f~~ l,V. ,that said instrument was signed on behalf of said,, "c~"or~poration by authority of its Board of Directors; and that said ~~~ CL. ~ r~~ (~Ut•(u acknowledged the execution of said instrument to be the voluntary act ~, and deed of said corporation, by it and by him/her voluntarily executed. Notary P c in and for the State of Iowa ~~. EmmyLou L. Houston My Commission expires: ~ commission N ~ ber ~~ s ~' -24- M~ 2f(2) I Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION N0. 09-85 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2420 BITTERSWEET COURT, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the owner of the property on August 16, 2002, and recorded on August 19, 2002, in Book 3360, Page 167 through Page 170, in the Johnson County Recorder's Office covering the following described real estate: Lot 61, Walden Ridge Part 3, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 23, Page 12, Plat Records of Johnson County, Iowa WHEREAS, University of Iowa Community Credit Union has refinanced a mortgage to the owner of the property located at 2420 Bittersweet Court and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, University of Iowa Community Credit Union, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above-described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Passed and approved this 24th day of March , 20 09 ATTEST: fice Resolution No. 09-85 Page 2 It was moved by O'Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey g Champion x Correia _~ Hayek x O'Donnell ~- Wilburn x Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union of Iowa City. Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the amount of $4,000, and was executed by Nancy J. Mason (herein the Owner), dated August 16, 2002, recorded August 19, 2002, in Book 3360, Page 167 through Page 170, Johnson County Recorder's Office, covering the following described real property: Lot 61, Walden Ridge Part 3, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 23, Page 12, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $54,500 on a promissory note to be executed by the Financial Institution and the owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. 03/13/2009 13:20 3193565217 IOWA CITY PLANNING PAGE 03/04 ~4. Binding effect. This agreement shall be binding upon and inure to the benefit of the respective heirs ga{ represontatives, successors; a d assigns of the parties hereto. Dated this ~ day of 2 ~ ~Q~• CITY OF IOWA CITY By ayor Attest: 1~~.4~ City rk CITY'S ACKNOWLEDGEMENT STATE Ol= IQWA 1=INANl~IAL INSTITUTION SS: JOHNSON COUNTY ) "~~ , 20 a ,before me, the undersigned, a Notary On this -2~ day of MA~2c~E- ~ ~ ~ and Public in and for the State of Iowa, personally appeared Marian K. Karr, to me personally known, and, who, being by me ~ ly sworn, did say that t ey are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; 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 Ci Council, as contained in (Ordinance) (Resolution) No. o - passed (the Resolution ad ted) by the City Council, under Roll Cal{ No. of the City Council on the ~ da of , lY~p.Q~-rt , 20~_, and that _ a ;a ,D_ ga; 1~ and Marian K. , arr acknowledged the execution of the instrument to be their voluntary at~£ and deed and the voluntary act and deed of the Corporation, by it voluntarily executed. SONDRAE FORT S~y~n ~~ o ~ Commission Number 158781 Kota public i and for the State of Iowa My Commiss~~on~F~cpires ry . ow 3 ? 03/13/2009 13:20 3193565217 IOWA CITY PLANNING PAGE 04/04 Lf~NDER'S ACKNOINLEDGENIENT STATE OF IOWA ) S5: JOHNSON COUNTY ) On this 17th day of March , 2009 ,before e, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Don~II ld R Wells to me m did say that he/she is the personaNy known, who being by me duly swo , , University of Iowa i First Vice President Of Cgmmunity Credit Union ., that said instrument was signed on behaff of said corporation by authority of its Bard of Directors; and that said Donald R wells acknowledged the execution o said instrument to be the voluntary act and deed of said corporation, by it and by him/her voluntarily executed. Notary Public in and for the Staf,~ of Iowa ~t CONNIE J. YVELK Commission Number 720951 My Common Expires -/'!- My Commission expirds: I i I 2f 3 I Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 09-86 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MAUREEN MONDANARO, AND TENANT GIVANNI'S OF IOWA CITY D/B/A GIVANNI'S, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Maureen Mondanaro, as landlord, and Givanni's of Iowa City, d/b/a Givanni's, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 109 College St., Iowa City, Iowa far a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2009 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 24th day of March , 2009. . M ATTEST: ~~~~,~ - Gr_.fir CI LERK Approved by: ~~ City Attorney's Office Resolution No. 09-86 Page 2 It was moved by 0' Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: x x x x ~- x ~_ NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc M~ 2f 4 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 09-87 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER KLDP, INC, AND TENANT CHACKALACKAL, INC D/B/A ONE TWENTY SIX, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, KLDP, Inc, as landlord, and Chackalackal, Inc, d/b/a One Twenty Six, as tenant, applied fora renewal of a temporary use of the public right-of-way agreement at 126 Washington St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2009 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 24th day of ATTEST:_ i~iia~ ~r~ ~~~ CI LERK City Attorney's Office .Nr~.,..,.. .,,. Resolution No, 09-87 Page 2 It was moved by O'Donnell adopted, and upon roll call there were: AYES: and seconded by Champion the Resolution be NAYS: ABSENT: x Bailey x Champion x Correia ~_ Hayek x O'Donnell x Wilburn x Wright wpdata/glossary/resolution-ic. doc 2f 5 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 09-88 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MAUREEN. MONDANARO, AND TENANT SALOON OF IOWA CITY, L.C. D/B/A SALOON, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Maureen Mondanaro, as landlord, and Saloon of Iowa City, L.C., d/b/a Saloon, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 112 College St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2009 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 24th day of March , 2009. M ATTEST: ~7 CI CLERK Approved by: City Attorney's Office Resolution No. 09-88 Page 2 It was moved by 0' Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: x x x x X NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc "~~ Zf s Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 09-89 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER BILL MIHALOPOULOS, AND TENANT ATLAS WORLD GRILL, INC D/B/A ATLAS WORLD GRILL, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Bill Mihalopoulos, as landlord, and Atlas World Grill, Inc, d/b/a Atlas World Grill, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 127 Iowa Ave., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2009 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 24th day of March , 2009. ~~ R ATTEST: ~I___~~~ ~ ~~ CI LERK Approve~~`.,~-~ ro R c~5' City Attorney's Office Resolution No. 09-89 Page 2 It was moved by O'Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x ~_ x ~- x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc M~ 2f 7 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 09-90 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER DLSIC LC, AND TENANT MORROWCO LLC D/B/A PITA PIT, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, DLSIC LC, as landlord, and Morrowco LLC, d/b/a Pita Pit, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 113 Iowa Ave., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2009 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on .file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 24th day of March ATTEST: CI LERK ~~(19 ~-(~. aS City Attorney's Office .rr._.__ _~. Resolution No. 09-90 Page 2 It was moved by 0' Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: x x x X x x ~_ NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolutionic.doc "'~ if s Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319-887-6065 RESOLUTION N0. 09-91 RESOLUTION AUTHORIZING THE IOWA CITY HOUSING AUTHORITY TO REQUEST AND ACCEPT CAPITAL FUNDS MADE AVAILABLE BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) IN THE AMOUNT OF $191,853. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; WHEREAS, the Iowa City Housing Authority and HUD entered into Consolidated Annual Contributions Contract(s); WHEREAS, HUD has agreed to provide ARRA assistance in the amount of $191,853 for the purpose of assisting the Iowa City Housing Authority in carrying out Public Housing program capital and management activities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Iowa City Housing Authority will request ARRA assistance in the amount of $191,853 to complete Public Housing program capital and management activities. 2. The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 24th day of March ATTEST: CIT LERK 20 09 City Attorney's Office It was moved by O`Donnell and seconded by Chamvion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X ~- ~_ X ~- Bailey Champion Correia Hayek O'Donnell Wilburn Wright HisassUres/hud arra.doc 03-24-09 M~ 2f 9) Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 09-92 RESOLUTION AUTHORIZING FILING OF AN APPLICATION FOR FEDERAL FUNDING ASSISTANCE FROM THE ECONOMIC DEVELOPMENT ADMINISTRATION FOR THE REPLACEMENT OF PARK ROAD BRIDGE AND ELEVATION OF DUBUQUE STREET PROJECT AND THE WASTEWATER TREATMENT PLANT CONSOLIDATION PROJECT. WHEREAS, the Federal Government has made funds available through the Economic Development Administration for flood recovery projects within Presidential Disaster Declaration areas; and WHEREAS, a Presidential Disaster Declaration was issued for Johnson County, Iowa on June 14, 2008; and WHEREAS, the Federal Emergency Management Agency's (FEMA) Emergency Support Function (ESF) #14 Long-Term Community Recovery (LTCR) program and Rebuild Iowa Office (RIO) has provided targeted recovery support and technical assistance resources to assist the City of Iowa City in identifying community recovery strategies and opportunities; and . WHEREAS, ESF#14 LTCR and RIO coordinated with the City to prepare a Long Term Recovery Strategy Report; and WHEREAS, the Replacement of Park Road Bridge and Elevation of Dubuque Street Project was identified as a High Recovery Value Project and the Wastewater Treatment Plant Consolidation was identified as a Moderate Recovery Value Project within the Long Term Recovery Strategy Report; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Staff is authorized to submit an application to the Economic Development Administration to request federal funding assistance for the Replacement of Park Road Bridge and Elevation of Dubuque Street Project and the Wastewater Treatment Plant Consolidation Project. Staff is authorized to file any additional documentation that is required by the Economic Development Administration. 3. That the Mayor is authorized to sign the application forms and any subsequent grant contracts with the Economic Development Administration. 4. The City of Iowa City designates Ron Knoche, City Engineer as the authorized representative to execute and file these projects, if funding is approved. Passed and approved this 24th day of ATTEST: ~ CI LERK Glty Attorney's urnce 3 f ~~'~~~ Resolution No. 09-92 Page 2 It was moved by 0' Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright Pweng/res/eda~ ubuq-parkrd. doc 03-24-09 ~9 5 52-483 CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION To the Auditor of JOHNSON County, Iowa: The City Council of Iowa City in said County/Counties met on 03/24/09 ,at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any. thereupon, the following resolution was introduced. RESOLUTION No. 09-93 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE : 2009 (AS AMENDED LAST ON 09/23/08 .) Be it Resolved by the Council of the City of Iowa City Section 1. Following notice published 03/13109 and the public hearing held, 03/24/09 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: Total Budget as certified or last amended Current Amendment Total Budget after Current Amendment Revenues & Other Financing Sources Taxes Levied on Property 1 43,167,738 0 43,167,738 Less: Uncollectted Property Taxes-Levy Year 2 0 0 0 Net Current Property Taxes 3 43,167,738 0 43,167,738 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 2,477,860 0 2,477,860 Omer City Taxes 6 1,586,422 0 1,586,422 Licenses a Permits 7 1,308,040 0 1,308,040 Use of Money and Property 8 5,503,674 -366,521 5,137,153 Intergovernmental 9 33,923,116 2,394,189 36,317,305 Charges forSenrices 10 40,342,171 -965,000 39,377,171 Special Assessments 11 0 0 0 Miscellaneous 12 5,538,114 -366,221 5,171,893 Omer Finanang Souroes 13 65,482,062 151,101,619 216,583,681 Total Revenues and Other sources 14 199,329,197 151,798,066 351,127,263 Expenditures & Other Financing Uses Public Safety 15 25,593,257 493,504 26,086,761 Public works 16 12,676,019 0 12,676,019 Realm and Social Services 17 0 0 0 Culture and Recreation 18 11,522,070 -70,500 11,451,570 Community and Economic Development 19 7,273,661 4,580,000 11,853,661 General Govemment 20 8,259,653 0 8,259,653 Debt Service 21 12,661,945 23,998,630 36,660,575 Capital Projects 22 23,902,738 -1,103,500 22,799,238 Total Govemment Activities Expenditures 23 101,889,343 27,$98,134 129,787,477 Business Type /Enterprises 24 64,348,649 76,988,516 141,337,165 Total Gov Activities88usinessExpenditures 25 166,237,992 104,886,650 271,124,642 Transfers0ut 26 55,862,254 43,916,103 99,778,357 Total Expenditures/Transfers Out 27 222,100,246 148,802,753 370,902,999 Excess Revenues & Other Sources Over (Under) Expendituresrrransfers Out Fiscal Year 28 -22,771,049 2,995,313 - -19,775,736 Continuing Appropriation 29 0 NlA 0 Beginning Fund Balance July 1 30 125,459,536 0 125,459,536 Ending Fund Balance June 30 31 102,688,487 2,995,313 105,683,800 Passed this 24th load Signature City Clerk/Finance Officer day of Ma ~ 2009 (Montl/Year) Signature Mayor Resolution No. 09-93 Page 2 It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion ~_ Correia x Hayek. x O'Donnell x Wilburn x Wright wpdata/glossary/resolution-ic.doc ,~~ 9 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 09-94 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER 120 BUILDING CO., AND TENANT MP INVESTMENTS LLC, D/B/A VITO'S, FOR A SIDEWALK CAFE. WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, 120 Building Co., as landlord, and MP Investments LLC., d/b/a Vito's, as tenant, applied for a temporary use of the public right-of-way at 118 College Street Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of- Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. and approved this 24th day of March , 2009. Approved by: City Attorney's Office Resolution No Page 2 09-94 It was moved by Wilburn and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: ~- x ~- x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc _:,,~,®~ CITY CJ F I C3 1N A CITY 10 ~~~~~.~ ,~~,~~~ ~ D ~ ~ E~~R~A DATE: March 18, 2009 TO: Mayor and City Council FROM: Council Member Mike Wright RE: Reconsideration of Waterworks Park Sculpture As you're all likely aware, I have asked for a reconsideration of Council's March 10 vote on the public art project for the Waterworks Prairie Park sculpture. I did so because, following last week's meeting, I realized that by approving funding for this sculpture, we failed to follow our own stated process of prioritizing City services and programs in light of our limited finances. I believe that as a matter of fairness, public art should be as fully "in" the prioritization process as anything else. My intent, should there be agreement to reconsider, is to ask Council to indefinitely defer action on the Waterworks Prairie Park sculpture. This will allow us to put it into our prioritization process where it will be examined and ranked alongside other services and programs. Thanks very much for your consideration of my requests. S:reconsideration memo.doc ~~, Prepared by: Marcia Bollinger, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 RESOLUTION NO. 09-78 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE IOWA CITY WATER WORKS PRAIRIE PARK SCULPTURE AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the Iowa City Public Art Program provides for investment in public art annually; and WHEREAS, the Public Art Advisory Committee determined that artwork located at the Water Works Prairie Park would be the next focus of the Public Art Program; and WHEREAS, the Public Art Advisory Committee considered the work of a number of national and local artists and decided that they would like to commission the artwork from local artist Dale Merrill of Liberty Iron Works Inc. of Mt. Vemon at their September 4, 2008 meeting; and WHEREAS, Dale Merrill of Liberty Iron Works Inc. has worked with the Public Art Advisory Committee on designing a sculpture acceptable to the committee and can begin fabrication of the artwork soon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement between the City of Iowa City and the artist Dale Merrill of Liberty Iron Works Inc. for the design, fabrication, and the installation of the sculpture at the Water Works Prairie Park, a copy of which is attached hereto, is hereby approved as to form and content. 2. The Mayor is hereby authorized to sign and the City Clerk to attest said Agreement. Passed and approved this loth day of March , 20 09 C ATTEST: RK Attorney's Office 3I~(pa~ ppdadMres/wwpp-merrill.doc Resolution No. 09-78 Page 2 It was moved by Champion and seconded by Wilburn _ the Resolution be adopted, and upon roll call there were: AYES: NAYS: .ABSENT: ~_ Bailey ~_ ~ Champion x Correia _ _ x Hayek g O'Donnell x Wilburn ~_ Wright wpdatalglossary/resolution-ic.doc CITY OF IOWA CITY PUBLIC ART PROGRAM IOWA CITY WATER WORKS PRAIRIE PARK SCULPTURE AGREEMENT BY AND BETWEEN OWNER AND ARTIST `.~ THIS AGREEMENT is made on March 10 , 2009 between the City of Iowa City, hereinafter referred to as the OWNER, and Liberty Iron Works, Inc. represented by Dale Merrill, owner, hereinafter referred to as the ARTIST. The OWNER'S REPRESENTATIVE shall be the Director of the Department of Planning and Community Development or his/her designee. The COMMITTEE shall be the Public Art Advisory Committee. WHEREAS, the. OWNER, on the recommendation of the COMMITTEE, has accepted the proposal for a sculpture consisiting of three (3) polished aluminum rotating leaves to be installed at the Iowa City Water Works Prairie Park hereinafter referred to as ART WORK. A copy of said proposal as accepted is attached hereto as Exhibit "A" (hereinafter "Proposal). NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Amide 1. Scope of Services 1.1 General a. The ARTIST shall perform all services and furnish all .supplies, materials and equipment as necessary for the design, execution, fabrication, transportation and installation of the ART WORK at the site. b. The ARTIST shall at all stages of execution, fabrication and installation coordinate his work with the OWNER'S REPRESENTATIVE. 1.2 Execution of the Work a. The ARTIST shall furnish the OWNER'S REPRESENTATIVE a tentative schedule for completion of fabrication and installation of the ART WORK, including a schedule for the submission of progress reports, if any. The schedule must be approved by OWNER'S REPRESENTATIVE. After written approval of fhe schedule by the OWNER'S REPRESENTATIVE, the ARTIST shall fabricate, transport and consult with the OWNER'S REPRESENTATIVE on the installation of the ART WORK in accordance with such schedule. Such schedule may be amended by written agreement between the OWNER'S REPRESENTATIVE and the ARTIST. b. The OWNER shall have the right to review the ART WORK at reasonable times during the fabrication thereof. The. ARTIST shall submit to the OWNER'S REPRESENTATIVE progress reports in accordance with the schedule provided for in Section 1.2 (a). c. The ARTIST shall complete the fabrication and ensure installation of the ART WORK in substantial conformity with the approved Proposal. d. The ARTIST shall present to the COMMITTEE in writing for further review and 2 approval any significant changes in scope, design, color, .size, material or texture of ART WORK not permitted by or not in substantial conformity with the Proposal. A significant change is any change in the scope, design, color, size, material, texture or location of the ART WORK ,any change which affects installation, scheduling, site preparation or maintenance for the ART WORK or any change to the concept of the ART WORK as represented in the Proposal. 1.3 Delivery and Installation a. The ARTIST shall notify the OWNER'S REPRESENTATIVE in writing when the fabrication of the ART WORK is completed and the ARTIST is ready for its delivery and installation at the site. b. The ARTIST agrees to notify the OWNER'S REPRESENTATIVE, no fewer than thirty (30) days prior to the ARTIST'S intended time of delivery to determine the particulars of delivery Time, location and agent designated by the OWNER'S REPRESENTATIVE. c. The ARTIST shall deliver and consult with the OWNER'S REPRESENTATIVE on the installation of the completed ART WORK at the site in compliance with the schedule approved pursuant to Section 1.2 (a). d. The ARTIST shall work with the OWNER'S REPRESENTATIVE in determining the location of the sculpture in the Waterworks Prairie Park. OWNER'S REPRESENTATIVE shall make the final deasion on location. The ARTIST shall be responsible for all expenses, labor and equipment to prepare the site and construct a sculpture pad designed to adequately support and secure the ART WORK and insure the timely installation of the ART WORK. ARTIST shall install the. ART WORK on the sculpture pad e. Installation of the completed sculpture shall occur no later than August 31, 2009. 1.4 Post installation. a. Within 30 days after the installation of the ART WORK, the ARTIST shall furnish the OWNER'S REPRESENTATIVE with a minimum of twelve digital photographs on a disk which document the process and development of the ART WORK from beginning fabrication through completion. b. The OWNER shall arrange photographic documentation of the site and the instatled ART WORK at the site. c. The ARTIST shall be notified of any dates and times for presentation ceremonies relating to the ART WORK. d. Upon installation of the ART WORK, the ARTIST shall provide to the OWNER'S REPRESENTATIVE written instructions for appropriate maintenance and preservation of the ART WORK. 1.5 Final Acceptance a. The ARTIST shall advise the OWNER'S REPRESENTATIVE in writing when all 3 services in Sections 1.1 through 1.4 (d) have been completed. in substantial conformity with the Proposal. This date shall be no later than 6 months after the date of the first installment payment by the ARTIST as detailed in Section 2.1 (a). b. The OWNER'S REPRESENTATIVE shall notify the ARTIST in writing of OWNER'S final acceptance of the ART WORK. c. Final acceptance shall be effective on the date of the OWNER'S REPRESENTATIVE'Styritten notification to ARTIST of final acceptance. 1.6 Risk of Loss The risk of loss or damage to the ART WORK shall be borne by the ARTIST until final acceptance by the OWNER, and the ARTIST shall take such measures as are necessary to .protect the ART WORK from loss or damage until final acceptance. The ARTIST shall not be responsible for loss or damage due to vandalism, theft, accidents, or acts of God once installation of the ART WORK is complete. 1.7 Liability, Indemnification and Insurance a. The ARTIST agrees to indemnify, defend and hold OWNER and its officers, employees, and agents harmless from any and all foss, cost, damage and expense (incuding reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions or suits based upon or alleging bodily injury, including death, or property damage arising out of or resulting from ARTIST'S operations,. duties or responsibilities under this agreement, whether such be by ARTIST himself or by any subcontractor or by anyone directly or indirectly employed by the ARTIST. b. Upon final acceptance of the ART WORK, the OWNER shall, to the extent permitted by law, and without waiving any immunities available thereunder, indemnify and hold harmless the ARTIST against any and all claims or liabilities thereafter made in connection with the ART WORK, the site, the project or this agreement, except claims by the OWNER against the ARTIST and claims which may occur as a result of the ARTIST'S breach of the warranties provided in Article 4. c. The ARTIST and all employees of the ARTIST shall each effect and maintain insurance to protect the ARTIST from claims under workers compensation acts; claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of the ARTISTS employees or of any person other. than the ARTISTS employees; and from Gaims for damages because of injury to or destruction of tangible property; including loss of use resulting therefrom; and from Gaims arising out of the ARTIST'S performance of professional services caused by errors, omissions, or negligent acts for which the ARTIST is legally liable. 1.8 Title Title of the ART WORK shall pass to the OWNER upon OWNER'S final acceptance of the completed ART WORK Article 2. Compensation and Payment Schedule 4 2.1 Fixed Fee The OWNER_ shall pay the ARTIST a fee not to exceed Eighty-Thousand dollars ($80,000) which shall constitute full compensation for all fees, services, expenses, and materials to be pertormed and furnished by the ARTIST under this agreement. Expenses shall indude all travel and lodging required for the ARTIST to fulfill his obligations under this contract. The fee shall be paid in the following installments, expressed as percentages of such fixed fee, each installment to represent full and final, non refundable payment for all services and materials provided prior to the due date thereof: a. 37.5% or $30,000, within thirty (30) days after execution of this agreement. b. 62.5% or $50,000 within thirty (30) days of the determination of OWNER'S REPRESENTATIVE that the sculpture is completed, has been properly installed and accepted by the OWNER'S REPRESENTATIVE but no earlier than July 1, 2009. 2.2 ARTISTS Expenses The ARTIST shall be responsible for the payment of all expenses necessary for the proper pertormance of the services required under this agreement, inducting but not limited to mailing or shipping charges on submissions to the OWNER'S REPRESENTATIVE, the cost of any and all engineering evaluations as required by the OWNER, transporting the~ART WORK to the site and the costs of all travel and lodging by the ARTIST and the ARTISTS agents and employees Artide 3. Time of Performance 3.1 Duration The services to be required of the ARTIST as set forth ~in Amide 1 shall be completed in accordance with the schedule for completion of the ART WORK as proposed by the ARTIST and approved by the OWNER'S REPRESENTATIVE pursuant to Section 1.2, provided that such time limits may be extended or otherwise modified by written agreement between the ARTIST and the OWNER'S REPRESENTATIVE. 3.2 Construction Delays If, when the ARTIST completes fabrication or procurement of the ART WORK in accordance with the approved schedule and notifies the OWNER that the ART WORK is ready for installation, the ARTIST is delayed from installing the ART WORK within the time spedfied in the schedule because OWNER has not prepared the site for installation as specified in Section 1.3(d) hereof, as a result of the improvements not being completed on the site to permit installation of the ART WORK, the OWNER shall provide storage, or reimburse the ARTIST for reasonable transportation and storage costs incurred for the period between the time provided in the schedule for commencement of installation and the date upon which the site is suffidently complete to reasonably permit installation of the ART WORK. In addition, the OWNER shall reimburse the ARTIST for any additional travel costs or for unnecessary time spent on the site due to delays caused by the OWNER. Such reimbursements shall be expenses in adddition to the Fixed Fee enumerated in Section 2.1. 5 3.3 Early Completion of ARTIST Services The ARTIST shall bear any transportation and storage costs resulting from the completion of the ARTISTS services prior to the time provided in the schedule for installation. 3.4 Time Extensions The OWNER'S REPRESENTATIVE shall grant a reasonable extension of time to the ARTIST in the event that there is a delay on the part of the ARTIST in performing its obligations under this Agreement due to conditions beyond the ARTISTS control or Acts of God which render timely performance of the ARTISTS services impossible or unforeseeably burdensome. likewise the ARTIST shall grant a reasonable extension of time to the OWNER in the event that there is a delay on the part of the OWNER in performing its obligations under this Agreement due to conditions beyond the OWNER'S control or Acts of God which render timely performance of the OWNER'S services impossible or unforeseeably burdensome. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract; provided that such obligations shall be suspended only for the duration of such condition. ArtiGe 4. Warranties 4.1 Warranties of Title The ARTIST represents and warrants that: (a) the ART WORK is solely the result of the artistic effort of the ARTIST; (b) except as otherwise disclosed in writing to the OWNER'S REPRESENTATIVE, the ART WORK is unique and original and does not infringe upon any copyright; (c) that the ART WORK, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the ART WORK is free and clear of any liens from any source whatever. 4.2 Warranties of Quality and Condition The ARTIST represents and warrants that: (a) the execution and fabrication of the ART WORK will be performed in a workmanlike manner; (b) the ART WORK, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of inherent qualities which cause or accelerate deterioration of the ART WORK; and (c) maintenance recommendations submitted by the ARTIST to the OWNER'S REPRESENTATIVE hereunder, if followed, will achieve their intended result. The warranties described in this /Section 4.2 shall survive for a period of five years after the final acceptance of the ART WORK. The OWNER shall give notice to the ARTIST of any observed breach with reasonable promptness. The ARTIST shall, at the request of the OWNER, and at no cost to the OWNER, cure reasonably and promptly the breach of any such warranty in a manner that is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the ART WORK). ArtiGe 5. Reproduction Rights 5.1 General 6 To the extent not limited by this Section 5.1, the ARTIST retains all rights under the Copyright Act of 1976, 17 U.S.C., 101 et. seq., and all other rights in and to the ART WORK except ownership and possession. In view of the intention that the ART WORK in its final dimension shall be unique, the ARTIST shall not make any additional duplicate reproductions of the final ART WORK, nor shall the ARTIST grant permission to others to do so except with the written permission of the OWNER. The ARTIST grants to the OWNER and its assigns aroyalty-free, irrevocable license to make two or three dimensional reproductions of the ART WORK for educational and/or non-commercial purposes, including but not limited to reproductions used in advertising, calendars, posters, brochures, media, publicity, catalogues, museum, educational and development projects, or other similar publications, provided that these rights are exercised in a professional manner. 5.2 Notice All reproductions by the OWNER shall contain a credit to the ARTIST and a copyright notice substantially in the following form: ~ [ARTISTS NAME], date of publication. 5.3 Credit to Owner The ARTIST shall use best efforts to give a credit reading substantially, "an original art work owned and commissioned by the City of Iowa City, Iowa" in any public showing under the ARTISTS control or reproductions of the ART WORK. 5.4 Registration The ARTIST may cause to be registered, with the United States Register of Copyrights, a dopyright of the ART WORK in the ARTISTS name. ArtiGe 6. ARTISTS Rights fi.1 Identification The OWNER shall, at its expense, prepare and install at the site a plaque identifying the ARTIST, the title of the ART WORK, and the year of completion; and shall reasonably maintain such notice to the extent as may be practicable. 6.2 Maintenance The OWNER recognizes that maintenance of the ART WORK on a regular basis is essential to the integrity of the ART WORK. The OWNER shall take reasonable steps to assure that the ART WORK is properly maintained and protected, taking into account the instructions of the ARTIST provided in accordance with Section 1.4 (b). 6.3 Alteration of the Work or of the Site a. Except as provided under subsection 6.3(b), below, The OWNER agrees that it will not intentionally damage, alter, modify or change the ART WORK without the prior written approval of the ARTIST. 7 b. The OWNER reserves the right to alter the location of the ART WORK; relocate the ART WORK to another site; and remove the ART WORK from public display. The following provisions shall apply to relocation or removal: (i) While the OWNER shall attempt to remove ART WORK in such a way as to not affect the ART WORK, it is the parties' understanding that such removal may result in damage, alteration, modification, destruction, distortion or other change of the ART WORK. The ARTIST acknowledges that this provision shall qualify under 17 U.S. C. Section 113 (d) so as to waive rights under 17 U.S.C. Section 1~A. (ii) If, at the time of removal, it is determined that the ART WORK may be removed without damage, alteration, modification, destruction, distortion or other change, OWNER shall give notice as required by 17 U.S.C. Section 113 (d) (2) and (3). On completion of the ART WORK, the ARTIST agrees to file the records, including ARTISTS identity and address, with the Register of Copyrights as provided under 17 U.S.C. Section 113 (d) (3). The ARTIST further agrees to update information with the Register of Copyrights so as to permit notification of intent to remove the ART WORK. 6.4 Permanent Record. The OWNER'S REPRESENTATIVE shall maintain on permanent file a record of this Agreement and the location and disposition of the ART WORK. Article 7. ARTIST as Independent Contractor. The ARTIST shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the OWNER. The ARTIST shall not be supervised by any employee or offical of the OWNER, nor shall the ARTIST exerese supervision over any employee or offical of the OWNER. Article 8. Assignments, Transfer, Subcontracting 8.1 Neither this Agreement nor any interest herein shall be transferred by the ARTIST. Any such transfer shall be null and void and shall be cause to annul this Agreement. 8.2 Subcontracting by ARTIST The ARTIST may subcontract portions of the services to be provided hereunder at the ARTISTS expense provided that said subcontracting shall not negatively affect the design, appearance, or visual quality of the Proposal and shall be carried out under the personal supervision of the ARTIST. The ARTIST must obtain written approval from the OWNER'S REPRESENTATIVE prior to hiring any subcontractor. If the OWNER'S REPRESENTATIVE does not approve the hiring of any subcontractor, another subcontractor must be submitted for approval by the OWNER'S REPRESENTATIVE. Article 9. Termination If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this agreement, the other party shall thereupon have the right to terminate this agreement by giving 8 written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this agreement shall terminate. In the event of default by the OWNER, the OWNER shall promptly compensate the ARTIST for all services performed by the ARTIST prior to termination. In the event of default by the ARTIST, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the ARTIST under this agreement shalt at the OWNER'S option become its property, provided that no right to fabricate or execute the ART WORK shall pass to the OWNER and the OWNER shall compensate the ARTIST pursuant to ArtiGe 2 for atl services performed by the ARTIST prior to termination; or the ARTIST shall refund all amounts paid by the OWNER in exchange for all finished and unfinished related art works. Notwithstanding the previous sentence, the ARTIST shall not be relieved of liability to the OWNER for damages sustained by the OWNER by virtue of any breach of this Agreement by the ARTIST, and the OWNER may reasonably withhold payments to the ARTIST until such time as the exact amount of such damages due the OWNER from the ARTIST is determined. ArtiGe 10. Compliance The ARTIST shall be required to comply with Federal, State, and City statutes, ordinances and regulations applicable to the performance of the ARTISTS services under this agreement. Article 11. General Terms 11.1. The ARTIST shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 11.1.1 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.1.2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.2 It is understood and agreed that the retention of.ARTIST by OWNER for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the ARTIST shall have the right to employ such assistance as may be required for the performance of the Project subject to the terms of Section 8.2 of the Agreement. 11.3 It is agreed by the OWNER that all records and files pertaining to information needed by the ARTIST for the project shall be available by said City upon reasonable request of the ARTIST. The OWNER agrees to furnish all reasonable assistance in the use of these records and #iles. 11.4 At the request of OWNER,. the ARTIST shall attend such meetings of the City Council relative to the work set forth in this Agreement as deemed necessary by OWNER. Any requests made by the OWNER shall be given with reasonable notice to ARTIST to assure attendance and shall coincide with trips to Iowa City already planned by the ARTIST pursuant to Sections 1.2 and 1.3. 9 11.5 Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. 11.6 Upon signing this agreement, ARTIST acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. Article 12. Entire Agreement This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Article 13. Modification No alteration, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the OWNER. ARTIST Iro orks, Inc. -Dale errill, Owner City Clerk ApprQV~d gl- Cit~r Attorney's Office ~,~ , n f ~sq TEST ~~~~ Mari K. Karr DALE ~I. SCULPTURE ,~ ~ ~~ ~ ~- -~" MERRiLL N METAL Waterworks Prairie Scu~Pture Proposal Artist: Dale,. Merrill, Liberty ~ron works, ~nc. Mt. Vernon, ~owa Commissioned pay: ~owa City Public Art Committee, City ~f Iowa City ~nstallationSite: waterworks f'rairiegreenspace. Description: Three piece series abstract Kinetic Tree Sculptures. Large scale sculptures designed to have random wind driven movement. ~ach sculpture to have an upper "foliage" element which revolve around the "trunk" like base. Materials: Sculpture bases to be fabricated ~rom welded Structural Steel tubing. The top elements to be fabricated from both polished Aluminum.and Stajnless Steel. Scale: Three sizes 4oft, 32 ft, 24 ft ~udget: X80,000 total Notes: Artist responsible for complete sculpture design and build ,transportation and installation at site. installation to include the (3) individual concrete ~ootings and electrical rough in design ~or ~uture solar lightinggroup. Solar lighting and installation by others. .~ f ,~:g /• •`nYN//. ., ~, u~• ~'L: i. ~' :r~*,I ~~ . ,L ~~ .t. 0 1 ~aterWor~CS Prairie ~cu~Pture Page 1 of 1 Marian Karr From: shrartman1@aol.com Sent: Friday, March 13, 2009 11:43 AM To: Council Subject: City green lights $80K for sculpture Dear Council - Please reconsider your recent vote to go ahead with the sculpture project. It's outrageous to spend $80,000 at this time for an arts project. Thank you, Sharon Artman 50 Crabapple Court Iowa City, IA 52246 A Good Credit Score is 700 or Above. See yours in..just 2_ea_sy steps!. 3/13/2009 Page 1 of 1 Marian Karr From: Barker, Joyce A Boyce-barker@uiowa.edu] Sent: Friday, March 13, 2009 11:53 AM To: Council Subject: congratulations.... again so soon after the bag issue you guys are the object of ridicule on the online blog again lttp://~c~ti~~~~,press-citizen.com/article/2009Q313/NEV6'SOl /903.13030.$/1079. might do you good to read the thoughts of the people in this town. This correspondence will become a public record. 3/13/2009 Page 1 of 1 Marian Karr From: Melinda Bricker [bricker@avalon.net] Sent: Saturday, March 14, 2009 6:26 PM To: Council Subject: art project Dear Iowa City councilors, We were disappointingly surprised to read the news item announcing that the City Council had committed $80,000 to a public art project in Waterworks Prairie Park, in a time when needs that should have higher priorities will go unmet! Frankly, I am certain that this incident will be remembered when and if councilors seek re-election in the future. Dennis & Melinda Bricker Iowa City residents (for 34 years) 3/16/2009 Page 1 of ~ Marian Karr From: patrick Connolly [prc001 @live.com] Sent: Friday, March 13, 2009 9:27 AM To: Council Subject: Sales Tax Hike As a PS to the former remark. Vote "no" on a sales tax hike until this decision is reversed. Express your personality in color! Preview and select themes for Hotmail®. S__e.e__ho.w_._ 3/13/2009 Page 1 of 1 Marian Karr From: patrick Connolly [prc001 @live.com] Sent: ~ Friday, March 13, 2009 9:16 AM To: Council Subject: 80k art Bad decision. Priorities are inverted. Not the time for frills. Windows LiveT`" Contacts: Organize your contact list. Check it__out. 3/13/2009 .~ • -°: Y Page 1 of 1 Marian Karr _ From: Nancy Davin [mailto:davinn@netins.net] Sent: Friday, March 13, 2009 7:45 AM To: Council Subject: Sculpture and more... Dear City Council Members: I cannot sit quietly any longer. Although I no longer live in Iowa City (but do live I the County), did live there for 40+ years, work in Iowa City and love a lot of the things about it. Folks, I am simply stunned by your recent decision making. I am appalled that you would consider spending $80,000 on a SCULPTURE in these economic times! And further yet to approve such an expense in the same week that you oust a new fire station from the budget! We have murders, rapes, robberies and many other negative things going on in town that appear to be being ignored by the current council. THESE ITEMS NEED YOUR ATTENTION. WHY ARE YOU SO QUIET! It's time to start making responsible decisions. It's time to do something about the crime in Iowa City. It's time to reconsider your vote for the fire station. And it's time to not be approving sculptures in a city budget. I DON'T CARE IF IT WAS BUDGETED - REBUDGET!! And please, take a look at yourselves in the mirror. It's not pretty. Nancy Davin Rural Johnson County 3/13/2009 Page 1 of 1 Marian Karr From: susaneberly@q.com Sent: Wednesday, March 18, 2009 5:31 PM To: Council Subject: Property tax, $80K art We like to take pride in our city as being a progressive place, a veritable "light on the prairie," and yet we will be voting in May on whether or not to increase the sales tax - a tax we know to be regressive, creating a much heavier tax burden, relative to resources, on the members of our community who can least afford it; for example: "A study by the non-partisan [Washington] Office of Program Research, which serves the state House of Representatives, found that households with incomes under $20,000 paid 7.1 percent of their incomes in sales taxes. The bite fell to 3.9 percent for households at $40,000-$60,000 in income and 2.5 percent for those over $130,000" (http://seattleti_mes.nwsource.com/news/business/taxes_/_ga/page_02.html). Today's Press-Citizen reports that the Johnson County Crisis Center is currently serving an average of 718 families a a week, an increase of about 200 families. We volunteer at the Crisis Center Food Bank on Mondays, and over the past couple of months a repeated and anguished refrain has been, "I've never been in this situation before, and I just didn't know where else to turn." Then, today, we read that you are actually considering spending $80K on art. A lot of words could be used to describe the sales tax and likewise the art purchase, but neither fair nor just nor progressive is among them. Lee and Susan Eberly 3/19/2009 Marian Karr From: Mike Wright Sent: Tuesday, March 17, 2009 4:21 PM To: Marian Karr Subject: FW: Money FYI -----Original Message----- From: Marilyn Holland [mailto:ho111630@mchsi.com] Sent: Tue 3/17/2009 2:21 PM To: Regenia Bailey; Matt Hayek; Mike Wright; Amy Correia; Ross Wilburn Subject: Money Dear Council Persons: I was pleased to read in the paper this morning that you were going to revisit the sculpture decision. One thing my parents taught me at a young age was to recognize the difference between my wants and my needs and continued to impress upon me that it was a sign of a fiscally mature person who could recognize the difference and act accordingly. In this present time, I believe you should put all items that could be labeled as "Wants" on hold and try to meet the city's needs without raising taxes. I know they are in different funds but I am also sure you could borrow from the "Wants" fund (borrow from yourself) and use the money for "Needs". We are retired and on a fixed (read, declining) income and have already started to use Want money for Needs. Please, please, please, start "thinking outside the box", to use an overworked phrase, and figure out how this city can be run on the present taxes we pay. Concessions from the unions would enable you to freeze wages, to start with as a small step. Yes, I went through a time when I was working that my salary was frozen for two years and we did not suffer. Just had to be watchful as to how we spent our money. We are looking forward to your creativeness and fiscal maturity. Marilyn Holland 1630 Quincent St. Iowa City, IA 52245 ho111630@mchsi.com 1 Page 1 of 1 Marian Karr From: Regenia Bailey [bailey@avalon.net] Sent: Sunday, March 15, 2009 8:05 PM To: Marian Karr Subject: FW: Using taxpayer funds wisely!!! From: Doris [mailto:dmhouser@mchsi.com] Sent: Sunday, March 15, 2009 7:21 PM To: regenia-bailey@iowa-city.org; matt-hayek@iowa-city.org; mike-Wright@iowa-city.org; ross-wilburn@iowa- city.org; amy-Correia@iowa-city.org Cc: mike-odonnell@iowa-city.org; Connie-champion@iowa-city.org Subject: Using taxpayer funds wisely!!! The confidence level of the public in the City Council's decision making has been compromised at various times (along with some kudo's), but the last straw came with the change in priority for the 4th fire station. The City council and staff should be primarily concerned about the health and safety of it's citizens. The fact that the 4th fire station has been put on hold for a number of years, while trails, bike/walking bridges over the river, dog parks, theatres, and art have been approved is a signal for misplaced priorities------------especially in difficult economic times. The art project should not be funded if there isn't money for the fire station--------------------providing money for Shelter House is even more important than the art piece that is going to be in a park few people even see! THE FIRE STATION SHOULD HAVE PRIORITY------it is a safety issue!!! Perhaps you should also ask the question if we have enough police officers, since we seem to have more street crime (muggings, etc) than in the past-----that is another safety issue! So you say you need to cut your budget, but do not know how------a few suggestions: 1. Cut the urban planning and historical planning staff-----not a priority in periods of financial crises-----it can come back on board later if necessary. 2. Cut the rental housing staff-----they have increased the frequency of inspections, while they could have a system of self evaluation (like some other cities) for the "good" landlords, and just inspect on a frequent basis those that cause problems or concerns. 3. Look at the bureauocracy, or the organizational chart and cut out some of the middle management guys; this has been done by other organizations in the past and sometimes results in better communication and organizational efficiency. 4. Put a freeze on all salaries------people are getting a living wage so they will not be sent to the poor house----- give the economy time to adjust before handing out any raises. 5. Consider the fact that there is not a limitless supply of money for city government. The assessed value of property is now above market value; there was a time when the assessed value of property was below market value to have some flexibility for market bubbles. At some point people are going to start screaming about this practice of just adding more property tax irrespective of the property value! Then there is the concern about how the 1 cent option sales tax will be spent .................. We certainly need a list of how the council will spend the money before there is a vote. A pedestrian bridge over interstate 80 does not sound like a wise option. Even the thought of elevating Dubuque street needs some more information........because the question arises: how can an elevation or levy with a street on top be created without causing more flooding in Idelwilde and the Mayflower? How is the mosquito flats area going to be protected? What is the cities role in providing some protection on campus? I hope you will consider these suggestions. Sometimes good things come out of difficult times------you just have to look at things differently and make wise decisions. Doris Houser 3/16/2009 Page 1 of 1 Marian Karr From: Bev Johlin [bevjohlin@hotmail.com] Sent: Tuesday, March 17, 2009 8:08 AM To: Council Subject: sculpture Dear Iowa City Council members, Thank you for deciding to reconsider spending money on the tree sculpture at Water Works Prairie Park. During these times of economic strife, it does NOT make sense to spend so much money on non-necessities. The park is lovely....full of the "art" of nature, which is free for all to enjoy. Thank you, and I appreciate your hard work. Sincerely, Beverly Johlin 3517 Galway Court Iowa City, IA 52246 3/17/2009 Page 1 of 1 Marian Karr From: the3rdiowa@mchsi.com Sent: Wednesday, March 18, 2009 10:55 AM To: Council Subject: Public Arts Projects Dear Mayor Bailey and City Council Members, No one can argue that a community is enhanced by public art, however, the current project for the south sewage treatment plant/waterworks is in need of better public relations. As played out in the press, this project is being laid against the funding of firemen fora 4th fire station. As I understand it, these funds come from two different budget lines and therefore, astraw-man argument has been set up. As the city has done to spell out the case for the local option sales tax, the city should release a statement that is informative and instructive with the regard to the sculpture project. It is through providing transparency that people can learn and be better advocates for their point of view. This is an opportunity for the city council to educate taxpayers who are clearly not aware of how Iowa City's budgeting process works. As a suggestion, in many other municipalities, cities and private concerns work together on public arts projects so that funding is shared. In the current environment that we are in, it would be sensible to look for additional funding for projects like these that clearly benefit the public, but can also be part of an economic development strategy. This is likely to produce a better environment for public art projects and programs in the long run and create a more supportive community understanding for supporting the arts. Best regards, Garry Klein 628 2nd Ave. Iowa City, IA 52245 3/18/2009 Page 1 of 1 Marian Karr From: Whit Lovelace [whitlove101 @msn.com] Sent: Friday, March 13, 2009 1:14 PM To: Council Dear Council. Please be advised that your constituency is upset with your spending of public funds. I do not approve of the $50,000 per year to the Englert Theatre and I do not approve of the $80,000 for new art. The timing is poor and has changed my mind about my elected officials. I will not vote for the 1 cent tax and I will not vote for any who have voted for this art. Whit Lovelace Lepiic-Kroeger Realtors 1.(319) 248-0525 Office 1(319) 330-3553 Cell 1(319) 351-8035 fax Express your personality in color! Preview and select themes for Hotmail~. S_ee___h_ow, 3/13/2009 Marian Karr From: McKenna, Dan (SLD) [Dan.McKenna@reebok.com] Sent: Friday, March 13, 2009 12:27 PM To: Council Subject: $80000 sculpture? Are you seriously spending $80k in these current economic times on a sculpture? Seriously?!? Yet you can't fund a fire station for the NE side? I live in North Liberty and thought we had problems...they're nothing compared to you jokers. Dan McKenna Super User adidas Group Sports Licensed Division 951 32nd Ave. SW, Cedar Rapids, IA 52404 T +1.319.368.0370 M +1.319.325.2348 ~ F + 1.319.368.0392 dan.mckenna@reebok.com 1 Page 1 of 1 Marian Karr From: C Pick [seepick@gmail.com] Sent: Wednesday, March 18, 2009 12:03 PM To: Council Subject: Art work on hold..... This correspondence will become a public record. I was very happy to read in the paper that the council will re consider the purchase of art work for the park. It was unfortunate that the council opted to fund the art and not fund the fire station staff. I realize the different designations for budgeted money. I understand that the fire station not being staffed is a separate issue. But I also think if we can't afford to protect a large section of our city, we should. not be funding the finer extras that we may afford in better financial times. If for no other reason that it is perceived to be a lack of funds for the necessities the art work should be postponed until after this financial crisis. I do not think the art work should be purchased at this time. Thank you. Ceil Pickering 417 Crestview Ave. Iowa City, IA 52245 3/18/2009 Marian Karr From: Seydel Family [clopey@aol.com] Sent: Friday, March 13, 2009 9:48 AM To: Council Subject: Sculpture This correspondence will become a public record. •~ Thanks MAtt for showing good sense by voting against the 80000 dollar junk. I•asked my great grand daughters Everly age 6 and Anden age 4 if they wanted to buy it. They said, no. You see the government national and local spent all my money and all their parents money so They would be the ones left to pay for the sculpture. You folks do realize that. They decided they would rather hire a fireman. Carol Seydel,445 GArden Street, Iowa City, Iowa Page 1 of 1 Marian Karr From: Max Tremblay [maximet@gmail.com] Sent: Friday, March 13, 2009 3:51 PM To: Council Subject: Its time to tighten the belt Please...Forget the statue, and put that money towards the budget that is running a deficit. No need to start hitting up taxpayers for more property taxes if you're running a deficit, but the fluff out of the budget. This statue being approved at the same time as firemen being cut are ridiculous. Put on your common sense hat and at least prioritize vital services with the limited funds that you do have. Maybe its time forme to run for city council and join the 2 level headed councilmen that voted against this wasteful statue. 3/13/2009 Page 1 of 1 Marian Karr From: Watt, Janet [Janet-watt@uiowa.edu] Sent: Tuesday, March 17, 2009 10:45 AM To: Council Subject: $80,000 SHAME This correspondence will become a public record. I cannot believe with the entire flood victims that are still struggling you want to spend taxpayer's money on a $80,000 sculpture. Shame on you. May be if you would like to spend the money on the sculpture you can donate $80,000 worth of your time to help clean up the flood victims property that did not accept or receive abuy-out. Again SHAME ON YOU. ~z. __i cr: TM5 Ut iic=alth t::a.re ;'-ma~i 1 (including atta~h• ~ ~' :) is covcr~ed by t_he (l~~t:r.ronic C~~mmun~~ca.t"ions Privacy nc 18 u.5.c. ?_>ip-!57_t, is ronfi{1ent~ia~3 and may I;E~ ally pr~ivilrkged. [fi you are not the ~intE>nde~ij ~<. ,ent, you are hereby notified that any ret:entior, c9issennnar~on, dist:r~iYaut:ion, or copying of ~th~is ~._ ~icat~ion ~is strictay prah~(s~it:ed. Tease reply t the sender tht~t you have received t:he tnessaye ~in e~~ror, th~~~ delete ~iT.. Thank you. 3/17/2009 Page 1 of 1 Marian Karr From: Tim Weitzel [tweitzel.email@gmail.com] Sent: Wednesday, March 18, 2009 11:01 AM To: Council Subject: Budget Issues I am surprised to learn by reading the papers that so many of my fellow residents of Iowa City are so misguided about how a city budget works. This especially given the ample opportunities for people to participate in budget learning, such as FAIR!'s annual budget teach in. I really expect more from people who feel the need to castigate public art when they apparently don't understand that public art for a project, such as the recent water works sculpture, is not at all the same part of the budget that salaries, such as the fire fighters for a new fire station. Funds from one part of the budget can not simply be lifted and placed in a another part. We are not talking about the family pocketbook here. It is much more complex. I hope as members of City Council that you can appreciate this and also appreciate the value of public art in general. It is worthwhile, and more importantly, you can't take money from it to pay for fire fighters. Thanks for all you do, Tim Weitzel 3/18/2009 To the City Council of Iowa City Waterworks Park Sculpture Is NOT a Waste of Money! The proposed "trees" sculpture for Waterworks Park is NOT a waste of taxpayer money! It is a reward system, and reward systems are an important element of civilization. The sculpture will reward people who know exactly where Waterworks Park is located. The sculpture will reward the taxicabs who take eager but car-less folks out to see the massive art, and who have the time + $20.00 + tip for the round trip [Yellow Cab Company estimate, from City Hall....]. It will reward people who believe that 3 rather abstract trees in Waterworks Park would be a better idea than an artistically painted wind turbine. It will reward people who believe this would be a more worthy Capital Improvement than re-forestation -with REAL trees - maybe as soil-retainers along the Iowa River flood plain. $80,000 would buy - countthem - 80,000 bare-root seedling from the State Forestry Nursery. They could be planted by volunteers. It will reward the people who live in the populous neighborhoods of North [WAY north] Dubuque Street. It will reward the eagles who definitely will prefer perching there rather than on dumb old real trees. Getting back to public art - it will reward those people who believe that art is only really good if exclusive - or seclusive. It will reward the people who believe that this kind of Capital Improvement is a really tall priority, in the wake of last summer's flood. It will reward the people who actually believe that the City Council does not have the power, or the right, in the current economy, to re-direct public art money toward any of several really pressing Capital Improvement projects Reward systems, to be effective, need to get attention. Startling. This one would be. Rok Williams 1230 Wade St, Iowa City 52240 .Home 319-688-5055 Ce11319-400-0820 ~ (0 Marian Karr From: Cogan/Strampe [Cellars@Willinet.net] Sent: Sunday, March 22, 2009 12:06 PM To: Council Subject: PUBLIC ART - Regenia Bailey Iowa City's public art is an essential expression of our values. Sculptures, murals, literate sidewalks transcend private ownership and individual prerogatives. Unlike my favorite neighborhood sycamores, they cannot be removed for private reasons. Public art belongs to all of us and cannot be be fenced or walled out of sight. We own it in common. In this city we are surrounded by public art dedicated to the power of wind and water, open land, words and dedication to public service. We have provided a fund for ongoing public art projects, which lift our spirits, express our appreciation for the natural world and display creative imagination. Trees standing firmly by the Iowa River, so central to both hopes and fears in this community, seem a fine celebration of the spiritual strength of this community. We support the development of the currently questioned sculpture project, as well as continuance of Iowa City's commitment to public arts. Rod Strampe Nancy Adams-Cogan Page 1 of 2 ~~ Marian Karr From: Regenia Bailey [bailey@avalon.net] Sent: Monday, March 23, 2009 10:32 AM To: Marian Karr Subject: FW: Water Works Sculpture From: bluffwood@mchsi.com [mailto:bluffwood@mchsi.com] Sent: Monday, March 23, 2009 10:31 AM To: regenia-bailey@iowa-city.org; amy-Correia@iowa-city.org; matt-hayek@iowa-city.org; ross-wilburn@iowa- city.org; mike-Wright@iowa-city.org Subject: Water Works Sculpture Dear City Council Members, This is in regards to the reconsideration of the Water Park sculpture project, on the agenda for the March 24 council meeting. I am extremely supportive of Mr. Wright's proposal that this project be included in the budget prioritization process since it involves future expenditures. This project should not bypass that process just because it it will be partially funded by current year funds. There needs to be full accountability for all FY 2010 funds. Frankly, Mr. Hayek and Ms. Correia raised legitimate concerns with their votes in opposition to this project on March 10. As Mr. Hayek pointed out, all of the budget money -both operational and capital - is coming from the same pot -the taxpayers. Just because some of it was previously set aside for a particular use does not mean that it must be forever dedicated to that use regardless of all other circumstances. If the parents have lost their jobs, money is short and the kids are hungry, the parents won't take the kids to a movie just because the money was originally budgeted for entertainment. Instead, the parents will recognize the kids would rather eat than be entertained and will use the entertainment budget for groceries. Between the water park sculpture and the I-80 pedestrian bridge approvals, the Council now looks foolish in the eyes of the public. To borrow and adapt a phrase, it appears "The Council is fiddling while Iowa City burns." If the Council feels this project has a high priority in light of other budget needs then they need to communicate a solid explanation to the Iowa City community. Absent this explanation, I suspect that the community will lose confidence in the Council. I've spoken to no one that believes the approval of the sculpture was a wise decision. It defies all common sense. This will have future consequences. The first consequence will be the rejection of the local option sales tax. The Council needs to rectify this community perception problem. Please share this with Mr. O'Donnell and Ms. Champion, who apparently do not have public e-mail addresses. Thank you for your reconsideration of the sculpture project. Sincerely, Mark Smellie 2580 Bluffwood Ln 3/23/2009 X10 Marian Karr From: Nancy L. Purington [nancy@NANCYPURINGTON.COM] Sent: Friday, March 20, 2009 12:22 PM To: Regenia Bailey; Connie Champion; Mike Wright; Mike O'Donnell; Ross Wilburn; Amy Correia; Matt Hayek; Michael Lombardo; Dale Helling; Rick Fosse Cc: Council; Marcia Bollinger; Terry Trueblood; Nancy L. Purington Subject: No to Tree Attachments: Vote NO.doc Vote NO.doc (570 B) !~ To: Councilors of the City of Iowa City FR: Nancy Purington Date: March 20, 2009 Subject: Public Art Vote NO Please vote to permanently strike the current public art project that plants a sculpture of a tree in/near the Iowa River flood plane. Flood plane issues are volatile and we need to work together to build and rebuild new bridges after the 500-year flood devastation we are all feeling. If the Water Park location is the artwork installation preference, recommend reviewing earlier plans by the PAAC to install a fountain near the water works plant building. Hydraulic arts are practiced there. That was an art component that won support in the early days of PAAC. It makes sense. It uses water to amuse us in a location where we study the nature of water using beautiful trails and practice sustainability. This concept makes new forms and shapes of water to study. It is expansive of the physical wonders of water. It entertains and amuses us. ETC. It doesn't seem to be a time when the community wants to invest in planting trees in flood planes. Controversy over this project may be a signal that it is time for the Public Art Program to review its mission and practices. What is the scope of our visual arts investments? How much money has the Public Art Program spent since it began? How much money did we spend on projects created by Johnson county artists? I requested these results several months ago, but have received no true answer. Transparency in public expenditure is called for today. Please keep the public visual art funds. This investment helps to ensure some balance on the spreadsheet of Iowa City's support for various arts disciplines. Visual arts are usually presented in silence and without words, except for the Literary Walk, of course. The silences of the visual arts often result in the absence of the all-important squeaky wheel. My professional recommendations would be to use this time of great change for critical review: Fine-tune and refocus the mission. Re-organize policies and procedures. Intentionally sustain a strong sense of cultural community that includes the visual arts. Perhaps this is a time for us to develop a new direction for the public art funds by employing our artists in traditional projects like the artwork program for the WPA. This is an idea that is a current topic of discussion on Federal and State levels. We should participate in this discussion by becoming the first to create the program and practices. After all, Iowa City was the first municipality to create a public art program in the State of Iowa. We are enlightened, as it is written and advertised internationally. Let's stay that way. Respectfully submitted, Nancy Purington Iowa Artist and Public Art Consultant Co-author, Iowa City Public Art Program, 1999 Member of first PAAC. Past Chairperson, PAAC ~ /O /~, ,,. ~~...!~ ~ _ ~ ,, 1~,, ~ i i .. h r / .~ .~ ~~ r, _- . r ~ ~ (,~' _~ / ., ~ ,Yj-t. G.c1 .. ~, ~ f~ ~Li' c`~ ~-~: ~ J•r~---L.~L~4..7v_~__~ _ 4Z;.._.c~-Q~. L~tiz~_ .c-~-~.. f;> ..c ~"Z Q_ ~-z r ~ ~ --_ ., ., ~~~J ~ j ~L' C~ C~-'Z. ~' GZ~- C~~2,.~--- ~--c-U_~`~2-~ ~ , ~~r ~~' L.~ ~. ~.~~.-~°--~ ~z_~)-~~-~-cam ,CC~~~-~_,~ 7 ~ /. ~ , iL-C)"'L- ~ ~~ ~'~~ G ~."C_, ~ . ~'t~'L,Y~ !~ Z-~}_ _ t--~~ ~:E`-~ tj~~_ Cam--' LZ~~ L~-~~ --- r i ~~_ ~ ., ~ ,~ r~ ~ t 61 ~z .: - ~ ..... ~~~- ~ -L -rte -~~~ %3' ~~ " ~ ? ,~ ~ ~/~f (.l ~ .~4 /.~l_.~ L ~, ~ ~ti. ~--. _- '. ~ ,. ,. ~~ F -~ ~~ , - .-, . .:. -- L ~- ~~ v~--- , ~ ., ~ ~~J ~ ~ ~ ~'~~ ~ '72 '~~ v G /~--OtX~CJ./ i ' ~~~ c~G,G '~Y2__. ,~i%.-.t~l--Gt-iL= G~`..'`~'--7L.iGc:=j ~~"~"1-" J ~_~ / G~~ L/ Q~ /G/B' ~ L l ~ ~'L . ,. ,,i, use' ~O`'i'°' ~~ ~ ~~~_ ;; ~. , ~ w ice-- ~ ~ ,~ ,( ,,, G -~ ~=~ ~ w Li~ ' ~~-,~ ~.- -- - - ,~ ,~ -~ ;~~ /~ ~ ~::., ~ ) r_.,. ~ ~~ Ann Kohl ~~~ . 709 Olblin Dr. Iowa C7ty. IA 52 2 46-56 1 0 Rio n « ~~ ~~ ~ Dear City Council ember, March 23, 2009 Like many others, I was dismayed at the pre-recession logic of the decision to purchase a sculpture for Water Works Park. But we are facing difficult long term economic times, statewide, nationally, and globally. Virtually every department, institution, government, manufacturer, retailer, and wholesaler in the country is cutting optional expenses, consolidating, or closing. Furloughs and work without pay are common across the country. Thousands of visitors and Iowa Citians enjoy Pedestrian Mall art: the bronze Jazzmen, wire Tornado, rectangular glass column sculptures downtown. The Irving Weber s#atue on Iowa Ave. is welcoming; however the cost-benefit seemed to be (ess with the Literary Walk that is already showing damage after a few years. The concept of a moving tree sculp#ure is great. But it is costly and ineffective spending $80,000 for the next two years so motorists on I-80 can glance at it going 70 mph. Art placed beyond commonly frequented areas is an extravagance. Remotely placed sculptures are vulnerable to vandalism, as happens with the letters on Iowa City sign at the Dubuque St. stone wall. The Art Fund has supplied downtown with strategically placed sculptures. tt is a sign that we have enough art when we plan the most expensive art purchase for an obscure location three miles north of the city center. Water Works Park is on a bike path or a draw for outdoor games, but nature is the focus, not art. Buying a sculpture benefits one artist and his suppliers. Art and new park development are optional outlays in times when the city is reducing employees and decreasing services. $80,000 designated for the sculpture would fund one or two art teachers. Perhaps the artist could apply for a teaching position in the school district. 20 or 30 children would benefit fora 10 month academic year from his salary. Like President Obama says, we must all do without something. Having an art fund for the city is positive as long as city services can be supplied. Governments all over the globe are changing allocations for the economic crisis. Education and fire protection should take priority over placing art in a seldom-used location. I think the Iowa City Art Fund and new park development should be suspended until primary community services can be provided at current levels. ,,.~, Sincerely, ~ ~~~ /~G~Q~~~ Pam Michaud 109 S. Johnson St. r.:5 Iowa City;~1~ 52?~0 o ~ ~` =~~ .. A w I SUPPORT PUBLIC ART Page I of 1 ~~~ Marian Karr From: Elizabeth Shriver [elizshriver@mchsi.com] Sent: Monday, March 23, 2009 10:55 PM To: Council Subject: I SUPPORT PUBLIC ART To the Members of the Iowa City Council: As a member of the visual arts community, I am writing to request that you please uphold the recent decision to fund the Waterworks Prairie Sculpture. I understand the city has commissioned public arts projects in the past, and that the continuation of this policy is being questioned due to the current economic environment. There are vocal critics balking at the $80,000 price tag, but please remember this money is going not only to the artist but to local contractors working in conjunction with the sculptor. Additionally, this project will highlight the work of an artist from our region, not someone outside of our state. Let's not lose sight of the value public art brings to the community. Even in difficult times- in fact maybe even more at these times- we need art to inspire us, give us hope, and help us maintain our identity as a community. Iowa City is known as a place where the arts thrive, but without your continued support, our artistic identity will weaken. Remember that public art is for the benefit of us all, not only those can afford to collect art or visit museums. I'll leave you with a few thoughts on the subject, from Jack Becker, artistic director of Public Art Review, a publication of Forecast Public Artworks in St. Paul/Minneapolis, Minnesota: No scientific research has been done regarding the impact of public art on our daily lives or the national economy. Until such time, feel free to use my estimations: * An average of 55 million viewers experience public art firsthand every day, approximately 1,000 times the audience experiencing art galleries, museums and theaters combined. The Vietnam Memorial alone is visited by more than 10,000 people daily, and artworks in airports or subways are seen daily by over five million travelers. * An average public art project provides 50 times the economic impact of arts events in traditional venues. '` Compared to theaters and museums, public art has relatively low overhead, low staffing costs and produces less waste or environmental damage. Thank you. Elizabeth Shriver 721 12th Ave. Coralville, IA 52241 338-0858 3/24/2009 Page 1 of 1 ~~0 Marian Karr From: RussUPS@aol.com Sent: Monday, March 23, 2009 8:49 PM To: Council Subject: (no subject) Well, once again Mayor Bailey shows her true colors and self interests. Ross wasn't a big surprise but he still should have known better. What is so alarming and disappointing is that Champion and O'Donnell went along with it. As far as Wright is concerned it should have been just a matter of common sense not to vote for the art at this time especially when we don't even have all the money for it. How did the city manager let them get by with it? The job of the city manager I thought was to make sure the city council abides by the concerns of its citizens. But then again, Atkins never made you listen to what the people needed either. That's why we've only been waiting for this station on the north side for ten years. You've already raised our taxes for the firemen in the new budget, give us what we paid for and that wasn't art! Russell Haught 351-5315 A Good Credit Score is 700 or Above. See yours in just 2 easy steps! 3/23/2009 ~ ~a Helene ~embreiker 3002 Parkview 11ve. Iowa City, Iowa 52240 March 23, 2009 Dear Mayor Bailey and City Council P~Tembers: I was shocked, along with many other Iowa City residents, to dis- cover that the Iowa City Council, with the exception of two members, Amy Correia and Matt Hayek, voted to fund a lame sculpture costing $80,000 for Ulater Works Prairie Park! At a time when we taxpayers are struggling to make ends meet and are also being asked to vote yes for a local option tax, I find it unbelievable that this large amount of money, our taxpayer money, would be approved for a piece of art that isn't even pretty. I°Iany of us are wondering why somedf the money isn't being spent to plant real trees in this park; something that would really benefit and en- hance the environment. This 980,000 should be used for staffing our new fire station. If the Council feels that the sculpture must be purchased and placed in the park, then a private donor should be sought to fund this project. I don't want my taxes going for this! Respectfully, P.S. Please see the excellent article written by former Iowa City council member, Bob ~1liott, that T have enclosed with this _ ,_, letter. ~ `..~ ~~ ~V ~- ~~ ; =a O r ..~.. Page 15A Opinion Reactions to an unfortunate decision ~~ ~.~., ~_~~.-a~ Bob Elliott a ~ ~ Writers' ~" Group Iowa City's March 10 city council decisions on public safety vs. public art created a torrent of reactions, most ranging from disbelief to anger. However, the most seri- ous casualty cotild be the city's May 5 local option sales tax vote. The city needs approval of that tax to enable funds sufficient to carry out important flood recovery projects. If those online story comments are at all repre- sentative of general voter reaction, either out of anger or loss of confidence, it could make approval of the local option tax even more questionable. A group formed to oppose the tax vote, "Ax the Tax," now is using reaction against the council as a battle cry. That could all change, because the council is plan- ning to reconsider its deci- sion at its meeting next. week, but for now the con- troversial sculpture remains approved. A brief recap In case you somehow missed it, at its regular March 10 meeting, the coun- cil voted unanimously to drop funding dedicated for staffing the much-delayed northside fire station. Then a few minutes later, a 5-2 vote approved funding for a large sculpture costing $80,000 or more (Matt Hayek and Amy Correia voted no). The sculpture would be placed in a large meadow area of the Water Works Prairie Park east of the Iowa River on the north side of I-80. To be fair, council mem- bers pointed out the north- side station will have the highest priority in a series of priority-setting sessions for all city services and pro- grams. Thus, they claim the March 10 vote is only a bump in the road toward the fire station moving forward. Strong reader reaction WaterWor~CS Prairie ,~jcut~ture Wednesday, March 18, 2009 Jeff Charis-Carlson, Opinion editor Phone: 887-5435 E-mail: opinion@press-citizen.com Iowa City Press-Citizen apeciai W Uic r~wa-viu~a.n emergency services is what happens when faux liberal- ism nuts amok with ram- pant political correctness.... No way will a local income tax pass now." By the following morn- ing, there were more than 30 postings. It began leveling off at 115 (from about 70 dif- ferent people) that evening and then by the following Monday morning, total post- ings topped 145. The Press- Citizen reports that's not a record, but it's one of the highest number of postings. Reactions, regret My reactions to those two controversial council votes are three-fold. First: I'm disappointed the council believes it's nec- essary to hold a series of special priority-setting ses- sions. Setting priorities should be the basis of all council votes. If that had been the case, the needed fire station would already be approved, constructed, staffed and operating. Second: I've always con- tended fiscal budget-cutting is as much psychological as fmancial. It's far too easy to say, "Well, this may not be necessary, but we'd really like to have it, and it's only a fraction of the overall budg- et." But like efforts to quit smoking or drinking, for most people it needs to be all or nothing. Once you fall off the wagon, chances are you'll do it again ... and again. Third: This controversy is a painful reminder of a vote I made during my final year on the council. I had long hoped the city could acquire the sand and gravel pit adjacent to Sand Road at the south edge of Iowa City. So I was pleased when it became available. But the hooker was the price - $1 million. Knowing the coun- cil majority had not been persuaded to fund the northside fire station, I had mixed emotions, but ended up voting to approve spending $1 million to buy the nearly 200-acre proper- ty that's now our Sand Lake park. It would have passed anyway, but that's not the point for me. The following morning I woke up and kicked myself around the house. How could I possibly have voted to spend $1 million on a recre- ation area when the council thought it was unable to fund the badly needed northside fire station? That remains a painful regret for me. Bob Elliott is a former Press- Citizen sportswriter, a 30-year employee of ACT and a former Iowa City councilor. He can be contacted at elliottb53@aol.com. Explosive reactions to the council's decisions didn't really emerge until the Press- Citizen carried a March 13 article focusing on the public safety vs. public art votes. The paper's online story comments were almost immediately bombarded with negative reactions. For instance, a posting from "mariaconz": "Paying for an $80,000 statue instead of paying for or saving for