HomeMy WebLinkAboutA006 - Council Action Form dated April 28, 2015 ITEM # _51
DATE: 04-28-15
COUNCIL ACTION FORM
SUBJECT: VACATION OF WALL EASEMENT AT 400 MAIN STREET —
AMES HISTORICAL MURAL
BACKGROUND:
In cooperation with the Public Art Commission and other private parties, in 2002 the City
Council approved creation of a historical mural to be painted on the east wall of the
building at 400 Main Street adjacent to Tom Evans Plaza. In order to place this publicly
owned mural on a privately owned building, the property owner and the City entered into
a 15-year easement agreement which extends to 2017 (Copy attached).
The building wall itself has now deteriorated and needs major maintenance that will
involve destruction of the mural. The attached letter from building owners Kristin and
Randy Pyle provides greater detail on this need. Since the wall deterioration is already
damaging the mural, it seems timely to vacate this easement agreement and allow
the owners to make the necessary repairs to the building. The current Council action is
to hold a public hearing regarding vacation of this easement.
The Public Art Commission previously discussed this situation and recommended that
the City Council deaccession the mural artwork and vacate this easement. These
building repairs are in part being funded through a City Fagade Improvement Grant, so
a separate agenda item addresses related changes in that approval.
It was staff's intention to include deaccession of the mural artwork on this agenda
along with the easement vacation. However, deaccession was listed on the April 14
consent agenda, so this step has already been accomplished. Nonetheless, two
communications from the artists are attached stating their approval of the deaccession.
ALTERNATIVES:
1. Approve a resolution vacating the historic mural wall easement at 400 Main
Street.
2. Choose to retain the wall easement until the 15-year agreement expires in 2017.
MANAGER'S RECOMMENDED ACTION:
The Ames Historical Mural has been a highly valued part of the City's downtown
ambience for over 12 years. However, deterioration of the wall needs to be addressed
immediately to preserve the structural integrity of the building itself.
Therefore, it is the recommendation of the City Manager that the City Council adopt
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Alternative No. 1, thereby approving a resolution vacating the historic mural wall
easement at 400 Main Street.
It should be noted that the Ames Historical Society has issued the following press
release related to this mural:
Historic Mural Farewell Program
Saturday, May 2, 10am
Tom Evans Plaza, located at Main Street & Burnett Avenue
Local residents are invited to a farewell gathering for the Historic Ames Mural painted on the side of
the building 400 Main Street that houses Bar La Tosca and The Spice. Sometime after May 2, the
mural will be removed during repairs to the east wall of the structure. The program will coincide
with the first Main Street Farmer's Market and will honor the artists,Jane Graham of Nevada and
Ursula Ruedenberg of Ames, who will be present to relate the story of the mural's creation.
Free; Public Welcome
Painted by Jane Graham and Ursula Ruedenberg in 2003, the two-story mural features portraits of
city founders John Blair and Cynthia Duff; paintings detailing scenes from Ames' early years; and, on
the second story, a prairie scene that includes a chipmunk Ruedenberg said she saw on a daily basis
while painting the mural. -See more at: http://amestrib.com/news/downtown-mural-faces-
removal#sthash.lroVDsui.dpuf
Program will last 30 to 40 minutes.
For more information, contact Kathy Svec, 515-232-4877; kathysvec@msn.com
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March 31, 2015
Dear Public Arts Commission,
We are the owners of the building at 400 Main Street in Ames that is currently
painted with the Ames Historical Mural. This letter is to address the issues that are present
with the mural, which is located on the east exterior wall of the building facing Tom Evans
Plaza.
The appearance of the mural is deteriorating. There is cracking along much of the
surface. The paint is blistering on the surface in areas, and the sealant is delaminating. At
the base of the mural, some color is starting to bleed beyond the border of the mural. The
last maintenance on the surface of the mural was in June 2013. This was the final repair
scheduled in the contract between the artist and the City of Ames. With an expired
maintenance contract and no future maintenance plans provided by the City, the situation
will only continue to worsen.
The cracking occurring along the surface of the mural is more than an aesthetic
problem. This building is a poured concrete structure built in 1911. The mural covers up two
original windows in the concrete structure. The joints around these windows are a point of
weakness for water intrusion in the structure and must be treated properly. The building and
these joints need periodic maintenance to prevent water from traveling into the walls,which
can weaken the structure and cause water damage on the interior. The north, east,and south
walls of the building were properly repaired and sealed against water intrusion in the
summer/fall of 2014. These repairs necessarily excluded the mural area. There is serious
concern about leaving these cracked areas unrepaired. Not only is water intrusion most
likely the cause for the areas of delamination in the mural itself, but the interior of the
building behind the mural was majorly remodeled in 2014. Signs of water damage to the
interior base structure were already evident at this time. While measures have been taken on
the interior,there is still a serious concern about the possibility of
future water damage to the freshly refinished walls and floors. These concerns could be
alleviated by proper repair of the exterior; however, this requires removal of large parts of
the mural.
Additionally, there were two obvious areas of the mural that have been repaired
with permission of the City of Ames where sections of concrete were falling from the wall
and creating a potentially dangerous situation. Without a complete repair of the exterior,
this type of situation will continue to arise.
We very much appreciate this beautiful mural feature for the color and history that it
adds to Tom Evans Plaza. Unfortunately, the current state of repair of the structure and the
mural itself is providing a less that appealing view for the public. At this time, we feel that a
full removal and full repair is warranted. We would like to request that the City of Ames
terminate the mural easement agreement immediately. We plan to finalize the rest of the
exterior repairs and repaint the structure this spring. This would be an opportune time for
the slate to be wiped clean and provide room for future plans.
Thank you,
Kristin &Randy Pyle
3
02 - 18789
INST.IYORY CO N'TY,IOWA
RETURN T0:
{ Fli.EO FOf�I'TOORD v
CITY OF 4 i
BOX 811 AMES CI f(� \"(M NOV 2 1 2002.JM
AMES IA 50010-0811 _ SUSAN L VANDE KAMP,RICOn:ler e ) y
MD.PII* fi.QQ ALA N it_=,
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:John R.Klaus,City of Ames Legal Department,515 Clark Avenue,Antes,Iowa 5Dq_10(Phone: SI S-239-5146)
EASEMENT AGREEMENT
WALL MURAL
TOM EVANS PLAZA
TIDS AGREEMENT, made and entered into effective the_I_•.:•_'_day e'f 2002, by and
between the City of Ames, Iowa (hereinafter called City) and Harold Schnormeier and Dorothy A.
Schnormeier, husband and wife (hereafter called Grantors),
WITNESSES THAT:
1. For One dollar ($1.00) and other valuable consideration, receipt of which is hereby
acknowledged, the Grantors do hereby grant to the City and to the invitees and permitees of the City, the
right to paint, construct, affix and otherwise install and maintain a mural on the east exterior wall of the
building on property legally described as:
Lots 1 and 2 of Block 15,Blair's Addition to Ames, Iowa
locally known as 4 0 0 Main Street, Ames, Iowa, for a term of fifteen years.
2. The Grantors, for the said term of fifteen years, shall maintain the said exterior wall in a
structurally sound condition.
3. The Grantors shall, for the said term of fifteen years,not cover or remove the said mural or
cause or permit any other person or persons, except the City,to cover or remove the said mural.
4. The Grantors shall cause or permit the preparation of the said wall for the mural, to the
satisfaction of the artists.
WHEREFORE, the parties hereto have executed this agreement effective as of the date first above
written.
THE CITY O S, STATE OF IOWA,STORY COUNTY ss:
On this day of j ICI '
i
. � a Notary Public in and for the State of Iowa, personally
B appeared Ted Tedesco and Diane R. Voss,to me personally
y$ vy-xZ'r j;•„µ known,and,who, being by me duly swom, did say that they
rr �^ Ted Tiedesco,
are the Mayor and City Clerk, respectively,of the City of
mow+ t
Mayor
Ames, Iowa;that the seal affixed to the foregoing instrument
is the corporate seal of the corporation, and that the instrument
y'rx..•• i�.. .' .ryKcr
was signed and sealed on behalf of the corporation, by
AtteSt..b3� authority of its City Council,as contained in Rcsohnion No.
Diane Voss, City CI Clerk
adopted by th_e qty Council on the_,_`.tt Aay
of /.IC"<•• i " ..=.:::and that Ted Tedesco and
Diane R.Voss acknowledged the execution of the instrument
to be their voluntary
ary act and deed and the voluntary act and
'0.•h-.18Jr24b9;.ti'2 `v"•^��'• - deed of the corporation,by it voluntarily executed.
(r[.t...6 l p..(A•-)
g��tni KAREN=TNCOMM Notary Public in and for Story County,Iowa
My COY'
Harold Sc6 eier
GRANTORS
--------------------------------- -T
---------------
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STATE OF IOWA,STORY COUNTY ss:
On this I"!::,
. day of 77rue.mbv. 2002,before me,
By: Dorothy A. S ormeier a Notary Public in and for Story County,personally appeared
Harold Schnormeier and Dorothy A. Schnormeier, to me
known to be the persons named in and who executed the
foregoing instrument, and acknowledged that they executed
the same as their voluntary act and deed.
I
Notary kb c in and for Story County,Iowa
�. 'NNE
Tom Evans Plaza Easement Agreement Wall Mural-122001 0 rp,'A' THOMPSON
WISSION NO.718768
Rev. 102802 * .i DIY CO MISSION EXPIRES
�owP 4 a� 0 5
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From: Jane Graham <jane(a�sevenoaksstudio.com>
Date: Wed, Apr 15, 2015 at 6:41 AM
Subject: Re: Mural update
To: Ursula Ruedenberg <ursula(d,pacifica.org>, Kate Greder <katharineceliagrederkgmail.com>
Cc: Ursula Ruedenberg <ursulag acifica.org>
Dear Ms. Greder,
I have discussed the issue of the Ames Historical Mural with Ursula Ruedenberg and have made a
review of the "Agreement Between Owner and Artists Tom Evans Plaza Historical Mural" dated
11/12/02 and "Easement Agreement Wall Mural Tom Evans Plaza" dated 1/24/02. We the Artists
were under agreement with the City of Ames for a period of 10 years for the execution of the
Artwork and its continued maintenance. That obligation expired for us in 2013.
Last year (2014) Ursula and I discussed with a City official the plan for the termination of the Ames
Historical Mural by the new building owners. We acknowledged the intent of the mural and agreed
the building owners have the prerogative to treat their building as they wish and since that does not
include survival of the mural, so be it. So sad.
By our discussion with the City official last year and these email communications, Ursula and I
acknowledge official notification of the termination of the "Ames Historical Mural". We have no
further obligation in regard to the mural. Please present this communication to the City Council on
4/28/15.
The Easement Agreement is of no concern nor responsibility of ours, Jane Graham nor Ursula
Ruedenberg. The termination of the Easement of record is solely a function of the City of Ames to
perform.
I trust this clears all questions of our involvement concerning the Ames Historical Mural.
Very truly yours,
Jane Graham
From: Ursula Ruedenberg <usula@pacifica.org>
Date: Tue, Apr 14, 2015 at 11:17 AM
Subject: Vacating easement of Tom Evans Plaza Mural
To: Katharine Greder <katharineceliagreder@gmail.com>
Dear Katharine,
You consulted with myself and Jane Graham, artists of the Tom Evans Plaza
Historical mural with a meeting at the site last fall. This is to confirm my
agreement to vacate the easement.
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Thank you for your offer to help with a farewell celebration for the mural.
I am stretched a bit thin but if I can get it together, I will contact you
shortly about that.
Thanks
Ursula Ruedenberg
April 14, 2015
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