River Boat Bench Agreement - Shawna Lipper Copyright 2014
City of Dubuque Action Items # 8.
ITEM TITLE: "River Boat Bench" Agreement - Shawna Lipper
SUMMARY: City Manager recommending approval to present agreement to Shawna
Lipper.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Agreement with Shawna Lipper for Donation of"River Boat Bench"-MVM City Manager Memo
Memo
❑ Letter from Shawna Lipper Supporting Documentation
❑ Agreement Supporting Documentation
THE CITY OF Dubuque
UBE I
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Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Agreement Between the City of Dubuque and Shawna Lipper for Donation
of the "River Boat Bench"
DATE: December 28, 2014
At the December 15, 2014 City Council meeting, the City Council voted to accept the
donation of the "River Boat Bench" sculpture from Shawna Lipper.
I respectfully recommend Mayor and City Council approval to present the enclosed
agreement to Shawna Lipper.
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Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Maurice Jones, Economic Development Director
Megan Starr, Economic Development Coordinator
Sue Reidl, Arts Commission Chair
Shawna Lipper
November 13, 2014
Shawna Lipper
2311 Windsor Ave
Dubuque, IA 52001
563-581-7388
PlagmanshawngAhotmail.com
The Honorable Mayor Buol and City Council
50 W. 13th Street
Dubuque, IA 52001
Re: Request for City of Dubuque's acceptance of donation of River Boat Bench
Dear Mayor Buol and City Council Members:
I am writing this letter to you today for many reasons and I hope by the time you are finished
reading it you will all see how very perfect my idea really is. As you know Dubuque has a very
wonderful waterfront where we are blessed to get a chance to share great works of art and also
pieces of Dubuque history. From the Mississippi River Museum and all of its wonder right
down to our tri-county Bridge connecting us to the people who make Dubuque tourism thrive. I
am proposing you accept an "Art on the River"piece that was created by a Kentucky artist after
he researched the history and demographics of the Port of Dubuque. This functional work of art,
called "River Boat Bench"was created as an interpretation of a river boat barge as it slowly turns
out into the Mississippi river. The artist Don Lawler carved his piece out of a single piece of
hard-as-granite Indiana Limestone with the intention of his work to remain in Dubuque, IA. This
signature piece rests on the river walk close to the old Star Brewery at a weight of close to 1500
pounds. Wow!
Dubuque is where I grew up. I am proud to say both my mother and father were great
contributors to Dubuque's economic development. My father (George Lipper) who was assistant
city manager, general Manager of KDTH Radio, and who spearheaded the tri-state bridge project
among many other things worked diligently for Dubuque and its future. He has recently passed
and as a tribute we purchased a bench in his honor at Eagle Point Park, his favorite place,
besides with his family. My mother (Gloria Lipper), the sweet southern belle made dreams come
true all over town. Raising money for Hillcrest Family Services, the YWCA, the Barn
Community Theater, The Grand Theater, the River Boat Museum, and the Blind Society are just
to name some of the great work she did. She was a great role model for Dubuque women when
she became the first woman EVER to be the chairman for The United Way and furthering her
ambitions by leading the girl scouts and volunteering for many community events. My mother
and father also became the first ever couple First Citizens of Dubuque in1982 all while raising a
family of five.
My father has a tribute and I want my mother to have one too. She is more than deserving and
there is no better place than on the river front where she loved to watch the Mississippi river flow
and where she helped to get funding for that very area to thrive. This was meant to be.
I am prepared to pay the cost for the River Boat Bench and a plaque with her name on it. My
request is that the city council accepts River Boat Bench as a donation and it remains where it is
located on the River Walk. Please understand that my agreement to purchase the work and
donate it to the City is contingent upon "River Boat Bench" staying in its current location.
Otherwise the sculpture will be removed by the artist and I will look for an alternate way to
recognize all of my mother's great accomplishments. I strongly encourage the City Council to
consider helping me honor Gloria and the City of Dubuque in this way. Thank you for your time.
Attached are photographs of River Boat Bench and the artist statement.
Sincerely
Shawna Lipper
Encl.
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
SHAWNA LIPPER
FOR
"RIVER BOAT BENCH"
This Agreement, dated for reference purposes the day of
2015, by and between the City of Dubuque, Iowa (City) and Shawna Lipper (Lipper).
Whereas, "River Boat Bench" (the Work) shown on Exhibit A attached hereto, a
sculpture by Don Lawler, was created for City's Art on the River project and is situated
on the Riverwalk; and
Whereas, Shawna Lipper (Lipper) has offered to purchase the Work and donate
it to City on certain conditions; and
Whereas, City is willing to accept the donation of the Work on the conditions set
forth here.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
1 . Lipper agrees to acquire all right, title and interest to the Work from the
artist and to donate the Work and convey all her right, title and interest in the Work to
City by Deed of Donation of Artwork.
2. City agrees to accept the donation of the Work subject to the conditions
set forth herein.
3. The Work will remain in its present location subject to the right of the City
Manager to relocate the Work to another location in the City Manager's sole discretion
for the following:
(a) The need for repair or maintenance of the floodwall, Alliant Energy
Amphitheater, the Riverwalk, the railroad bridge or any other nearby facility
affected by the Work, including governmental regulations regarding the floodwall
or improvement and/or necessary improvements for maintenance of the
floodwall;
(b) The Work is damaged or vandalized;
(c) The Work is in need of significant maintenance;
122914bal
(d) The location of the Work is no longer consistent with the
surrounding area;
(e) City Council approved actions related to the site of the Work;
(f) Future renovations and/or development of the Riverwalk or other
associated amenities in the area; or
(g) At the conclusion of the Arts Master Planning process the City
Council determines that the Riverwalk should be for temporary art displays only.
4. The donation plaque placed originally with the Work will not be replaced if
damaged, lost or stolen unless Lipper can be found and notified and replacement funds
are provided by Lipper.
CITY OF DUBUQUE, IOWA SHAWNA LIPPER
By: By:
Michael C. Van Milligen
City Manager
F:\USERS\iste ckl a\Li n da h l\Agreements\L i ppe r_R ive rBoat Ben c hAgre em ent_122914.d oc
2
EXHIBIT A
"River Boat Bench"
Artist Statement: This design was created after reading the Wikipedia description for the history
and demographics of the Port of Dubuque. A contemporary artistic interpretation of a river boat
(or barge)slowly turns out into the current of the Mississippi River. The reference includes the past
(river boat traffic and construction)and the present(barges and the riverboat casino)importance
that river boats have for the City of Dubuque.
3
To: The Honorable Mayor and City Council Members
From: Shawna Lipper
Subject: Agreement Between the City of Dubuque and Shawna Lipper for Donation of the "River
Boat Bench"
Date January 5, 2014
At the December 15th City Council meeting, the city Council voted to accept the donation of the
The "River Boat Bench" sculpture from me, Shawna Lipper.
I respectfully recommend Mayor and City Council do not approve the agreement that was sent to you by
Michael C Van Milligen, City Manager.
I do have a problem with point number three (3) giving the right to our City Manager to relocate the
work to another location in his sole Discretion, considering that Mr. Van Milligen has been very opposed
to this bench remaining in its present location. I think if the master plan has not been completed
this bench could be placed into their master plan. The bench will not need much
maintenance if any and Mr. Van Milligan has put in certain points in order to find a way around the City
Councils choice to approve the placement of the bench.
I spoke with both families on the waiting list for a bench in this location. Shirty White and her husband
John White were great friend with my parents and I told her it would be a great honor if we could put a
Plaque for John with my mother's plaque. When I spoke to Jack Thompson about it he told me he
thought it was great that I was doing this for my mom and to go ahead because she deserved it. Again
He knew my parents very well and I also worked for Jack.
I do understand 3(a,b &c ) to be necessary in our agreement but I am not comfortable with paying for
this bench to honor my mother and giving Mr. Van Milligan the authority to move it at will. I would be
happy to agree on another location if it does not work for the city in the present location however it will
cost a lot to have it moved due to its weight. This was another reason I wanted it to stay where it was.
Please consider changes in the agreement regarding point number 3 and do not agree to the Agreement
between The City of Dubuque, Iowa and Shawna Lipper for River Boat Bench at this time.
I was told that I would not be able to speak at the council meeting tonight so I hope I will have your
support and understanding on this matter. Thank you all for taking the time to read this and I hope you
have a great 2015. Happy New Year.
Sincerely
Shawna Lipper