Veterans' Memorial Plaza Fund Donation Copyrighted
December 18, 2017
City of Dubuque Consent Items # 11.
ITEM TITLE: Veterans' Memorial Plaza Fund Donation
SUMMARY: City Manager recommending acceptance of the Veterans'
Memorial Plaza Fund for use at veterans' memorials.
RESOLUTION Accepting a gift of funds from Veteran's
Memorial Plaza For the maintenance, care, and expansion
of the Chaplain Schmitt Island Veteran's Memorial Plaza
and authorizing the sale of additional pavers to be used for
the Chaplain Schmitt Island Veteran's Memorial Plaza or
any Veteran's Memorial within the City of Dubuque.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Veterans' Memorial Plaza Fund-NNM Memo City Manager Memo
Staff Memo Staff Memo
Veterans' Memorial Board Request Letter Supporting Documentation
Veterans' Memrl Fund Donation Resolution Resolutions
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Veterans' Memorial Plaza Fund
DATE: December 13, 2017
A dedicated group of Veterans worked to establish the Veterans' Memorial Plaza, which
was dedicated on Veterans' Day November 11 , 2009. The City accepted ownership
and maintenance of the Plaza in August 2010. The veterans next worked to place a
helicopter at the memorial and that was completed several years later. The City
assumed care of this addition as well.
Since the time of establishment of the Plaza, the Veterans' Memorial Board has
continued to sell pavers and establish additional paver areas as needed to honor the
memory of Veterans passed.
The City was approached by Dick Bridges of the Veterans' Memorial Board. The Board
wishes to disband and transfer their funds to the City for use at veterans' memorials as
needs arise.
Leisure Services Manager Marie Ware recommends City Council acceptance of the
Veterans' Memorial Plaza Fund.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�� �� ���
Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Marie L. Ware, Leisure Services Manager
THE CTTY OF Dubuque
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Masterpiece on the Mississippi Z°°' Z°'Z
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TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Acceptance of Veterans' Memorial Plaza Fund
DATE: December 11, 2017
INTRODUCTION
The purpose of this memo is to request City Council acceptance of the Veterans'
Memorial Plaza fund.
BACKGROUND
A dedicated group of Veterans worked to establish the Veterans' Memorial Plaza which
was dedicated on Veterans' Day November 11, 2009. The City accepted ownership
and maintenance of the Plaza in August 2010. The veterans next worked to place a
helicopter at the memorial and that was completed several years later. The City
assumed care of this addition as well.
Since the time of establishment of the Plaza, the Veterans' Memorial Board has
continued to sell pavers and establish additional paver areas as needed to honor the
memory of Veterans passed.
DISCUSSION
The City was approached by Dick Bridges of the Veterans' Memorial Board. The Board
wishes to disband and transfer their funds to the City for use at veterans' memorials as
needs arise. A letter from the Board and their attorney requesting this action is
attached.
They wish the opportunity for the continued sale of inemorial pavers at the Veterans'
Memorial Plaza and add paver areas as necessary and planned. Their request is that
we as a city continue to make available memorial pavers for the Plaza.
Several meetings were held with Veterans' Memorial Plaza board members to discuss
the transfer and details of paver sales and establishment of new paver areas. They
were very complimentary of the care the City has taken of the Memorial Plaza since it
was turned over to the City.
1
The Veterans' Memorial Plaza Board currently have a fund of approximately
$125,503.11. Their desire is for the fund to be used as the City
deems necessary for care of the Plaza as outlined in the �s�A�� � � ��
M��y�'��� CM.ti [F[II IISPF IPWPENGE C LUkLK�
Resolution. A city fund would be established for this transfer �;��SM, °1���� P�r��w�F�tN����r ��M,�3R���F '; �,��«,
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Persons can purchase pavers throughout the year and twice a ���� �flA� 1944194G ,9,3,y83 � �«
year they are installed at the Plaza. Veterans' Memorial Plaza us! KOELKER �N,S�SAN�M�«Efl�li , �,
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Board has worked with Brannon Monument on the sale, lettering �
and installation of pavers. Currently the Board has sold pavers =_ „J ,�� oq;q�e:JMY„`T sP°s�p;,,
that will be a part of the spring installation. The City upon �w �� - i581""°°
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acceptance of the Resolution would continue working with � �� � � ������
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Brannon Monument for this spring installation. Any pavers sales � �� �.5 AAN� �� � �B=
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after December 22, 2017 would be deposited in a new second, - - - ,,pqD�,a��rt; °AR YSAW����„��;
AiCYAEI;nWV I�, ,IACK SAWVEi�'
separate Veterans' Plaza City fund account. This account would � _ � �����WAp : ', ��ISAWyEL I��.°�
� OaMSnwl�il � :SCUTT�SAwVEL�• .a
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be used for deposits of any donations to the Veterans Memorial '-,��F g�oBtN�a ,4 � �fl1KA$AWVEL I��
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Plaza as well as paver sales receipts. This fund can be used at -
the City's discretion and can fund the purchase, engraving and installation of pavers
and establishment of new paver areas as current ones are completed.
Leisure Services has worked with the Finance Department on the establishment of fund
accounts. The date of December 22, 2017 was set to allow for establishment of the two
funds and time for the Veterans' Memorial Board to liquidate their funds to deposit in the
first fund.
Leisure Services would set up a new web page to assure the persons looking for
information on the Plaza or wishing to purchase a paver can find the information. The
current plaza brochure would be updated as well.
ACTION
I wish to recognize all veterans whom played any role in establishing the Veterans'
Memorial Plaza. The Plaza continues to be a source of pride for our community that
allows us to honor all veterans for their service to our country. It has been a significant
partnership with the City. Their leadership has established a world-class memorial.
I respectfully request and fully recommend City Council approval to accept the
Veterans' Memorial Plaza fund.
MLW:et
cc: Jean Nachtman, Finance Director
Steve Fehsal, Park Division Manager
Crenna Brumwell, City Attorney
attachments: Request Letter from Veterans' Board
Resolution
2
Preparer: Crenna Brumwell
Address: 300 Main St Suite 330 Phone: (589)589-4113
RESOLUTION NO. 384-17
RESOLUTION ACCEPTING A GIFT OF FUNDS FROM VETERAN'S MEMORIAL PLAZA
FOR THE MAINTAINANCE, CARE, AND EXPANSION OF THE CHAPLAIN SCHMITT
ISLAND VETERAN'S MEMORIAL PLAZA AND AUTHORIZING THE SALE OF
ADDITIONAL PAVERS TO BE USED FOR THE CHAPLAIN SCHMITT ISLAND
VETERAN'S MEMORIAL PLAZA OR ANY VETERAN'S .MEMORIAL WITHIN THE CITY
OF DUBUQUE.
Whereas, Veteran's Memorial Plaza, an Iowa non-profit corporation has tendered to
the City of Dubuque a Trust of. $125,503.11 and future interest earned thereon for the
express purpose of using the income therefrom to maintain and perpetuate the Chaplain
Schmitt Island Veteran's Memorial Plaza (including the Memorial to Fr. Aloysius Herman
Schmitt) in the City of Dubuque, Dubuque County, Iowa; and
Whereas, such donor has imposed upon such a gift certain terms and conditions as
set out in a letter of October 19, 2017, addressed to the Mayor and City Council of the City
of Dubuque, which letter is now on file in the office of the City Clerk; and
Whereas, the City Council is of the opinion that it is in the best public interest that
such gift be accepted under the terms and conditions stated in such letter.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE:
Section 1. That the City of Dubuque hereby accepts such gift under the terms and
conditions stated in such letter and the City Manager is hereby authorized to receive the
transfer of said monies for and on behalf of the City of Dubuque.
Section 2. That said monies shall, when received, be placed in the Trust and Agency
Funds in a fund to be designated "The Chaplain Schmitt Island Veteran's Memorial Plaza
Fund" and the income there from shall be used only for the perpetual care, and maintenance,
as the same is now maintained, and future development of the Chaplain Schmitt Island
Veteran's Memorial Plaza (including the Memorial to Fr. Aloysius Herman Schmitt) in the
City of Dubuque, Dubuque County, Iowa.
Section 3. That the principal of the Chaplain Schmitt Island Veteran's Memorial Plaza
fund may be used by the City for and to the extent necessary to:
a. Make extraordinary repairs to Chaplain Schmitt Island Veteran's Memorial
Plaza including the Memorial to Fr. Aloysius Herman Schmitt, or
b. To expand the Chaplain Schmitt Island Veteran's Memorial Plaza at its current
general location.
Section 4. The City of Dubuque may continue the current sale of pavers and/or accept
the proceeds from the sale of pavers and the City may accept other gifts. The proceeds
from the sale of pavers and other gifts will be placed in a separate fund for use by the City
for any veteran's memorials within the City of Dubuque.
Section 5. In the event the City of Dubuque ever finds that it can no longer administer the
Chaplain Schmitt Island Veteran's Memorial Plaza Fund according to the terms of this
Resolution, the City of Dubuque shall deliver the funds to another trustee subject to the same
terms and restrictions contained herein, or may transfer the trust fund to all of the Veterans'
organizations then located in the City of Dubuque, Iowa, which are then an exempt 501(c)(3)
organization under the Internal Revenue Code, in equal shares.
Section 6. This transition shall commence December 22, 2017.
Passed, approved, and adopted this 18th day of Decmber 2017.
Roy D. Buol, M
Attest:
Kelvin S°. Firnstahl, City Clerk
Law Offices of
�'+UERSTE, CAREW, ,jUERGENS �i SUDMEIER9 P.C.
H90 MAIN STREET,SUITE 200
DuBoQua,Iowa 52001-6840
ROBERT L.SUDMEIER* WILLIAM C.FUERSTE(1923-2011)
DOUGLAS M.HENRY October 20 2017 ALLAN 7.CAItEW(1933-2015)
MARK J.WILLGING �
A.THEODORE HUINKER
JENNY L.WEISS�' TELEPHONE;
EDwna�F.HE[vxY* (563)556-4011
JESSICA L.MCNAMARA'�
STEPHAN E.ALT$ TELECOPIER:
STEPHEN J.7UERGENS (563)556-7134
(OF COUNSEL) E-MAIL:
MA1L @FUERSTELAW.COM
ALL ATTORNEYS LICfiNSED IN IOWA
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E-MAIL ADDRESS
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City Clerk
City Hall
50 West 13t" Street �
Dubuque, IA 52001
Re: Veterans Memorial Plaza Letter and Resolution
Dear Clerk:
Please find enclosed the letter from Dick Bridges,President of Veterans Memorial
Plaza("CMP")detailing the understanding under which VMP will deliver its funds to the
City of Dubuque for the purpose of maintaining the Veterans Memorial Plaza. Also �
enclosed is the proposed Resolution to be adopted by the City Council. Please advise us '�
when the City Cotmcil has approved the Resolution and provide us with a signed copy ��,
of same. We will then ask Mr. Bridges to make arrangements to deliver the funds to the '
City of Dubuque. '
If you have any questions, please let me know. '�
Very truly yours,
FUERSTE, CAREW,
JUERGENS & SUDMEIER, P.C.
BY: �
ARK J. W GIN
MJW/kd
enclosures
cc: Mr. Dick Bridges
October 19, 2017
To the Mayor & City Council of the
City of Dubuque, Iowa
c/o City Hall
50 W. 13`" St.
DL1bLICllle, IA 52001
Mayor and City Council Members:
Veteran's Memorial Plaza ("VMP"), an Iowa non-profit corporation, was f
incoiporated on March 1, 2007 for the purpose of erecting a war memorial recognizing �
those individuals who served in defense of our country. On July 18, 2007, VMP received ;
exempt status from income taxation by the Internal Revenue Service under Section
501(c) (3) of the Internal Revenue Code.
Veteran's Memorial Plaza(on Chaplain Schmitt Island in the City of Dubuque, i
Dubuque County, Iowa), including the Memorial to Fr. Aloysius Herman Schmitt, which ;
was relocated to Plaza from its former site was opened to the public on November 11, ;
2009. The Plaza has come to be known as a most beautifiil war memorial and tribute to �
those who served in defense of the United States of America. �
For the purpose of aiding in the perpetuity of these memorials, VMP is willing to
give to the City of Dubuque$125,503.11 and fiiture interest earned thereon in trust, to
establish a permanent fund to be titled, "The Veteran's Memorial Plaza Fund". I,
The income from these trust funds is to be used by the City of Dubuque, Iowa, '
only for the purpose of the perpetual care and maintenance, as the same is now ,
maintained, and for the future development of Veteran's Memarial Plaza on Chaplain '
Schmitt Island in the City of Dubuque, Dubuque County, Iowa, including the Memorial
to Fr. Aloysius Herman Schmitt. '
This gift will be made upon the condition that the Veteran's Memorial Plaza,
including the Memorial to Fr. Aloysius Herman Schmitt, shall always be maintained on
Chaplain Schmitt Island in the City of Dubuque, Dubuque County, Iowa.
If this gift is accepted and in later years the City Council does not find it desirable
or feasible to maintain the Veteran's Memorial Plaza in excellent condition, then the
above monies together with any unused income shall be transferred by the City to all the
Veteran's organizations then located in the City of Dubuque, Iowa and which are then
exempt 501(c) (3) organizations under the Internal Revenue Code, in equal shares.
If this gift is accepted, VMP will transfer these monies immediately to the Trust -
so that the monies and income may be available at once to the Park Board.
We hope to hear from you directly.
Respectfully,
VETERAN'S MEMORIAL PLAZA
7
BY: � ��
Dick Bridges, Its resident
I
RESOLUTION NO. -
Whereas, Veteran's Memorial Plaza, an Iowa non-profit colporation has tendered to the
City of Dubuque a Trust of$125,503.11 and future interest earned thereon for the express
purpose of using the income therefrom to maintain and peipetuate the Veteran's Memarial
Plaza,(inchiding the Memorial to Fr. Aloysius Herman Schmitt) on Chaplain Schmitt Island in
the City of Dubuque, Dubuque County, Iowa: and
Whereas such donor has imposed upon such a gift certain terms and conditions as set out
in a letter of October 19, 2017, addressed to the Mayor and City Council of the City of Dubuque,
which letter is now on file in the office of the City Clerk: and
Whereas the City Council is of the opinion that it is in the best public interest that such
gift be accepted under the terms and conditions stated in such letter:
I
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE:
Section 1. That the City of Dubuque hereby accepts such gift under the terms and �
conditions stated in such letter and the City Manager is hereby authorized to receive the transfer
of said monies for and on behalf of the City of Dubuque. �
Section 2. That said monies shall, when received, be placed in the Trust and Agency ,
Funds in a fund to be designated "The Veteran's Memorial Plaza Fund" and the income '
therefrom shall be used only for the perpetual care, and maintenance, as the same is now
maintained, and future development of Veteran's Memorial Plaza, (including the Memorial to Fr.
Aloysius Herman Schmitt) on Chaplain Schmitt Island in the City of Dubttque, Dubuque County,
Iowa.
Section 3. That the conditions of said Trust as expressed in the donor's aforesaid
letter, with regard to the reversion thereof in the event said Veteran's Memorial Plaza,
(including the Memorial to Fr. Aloysius Herman Schmitt) are not maintained on Chaplain
Schmitt Island in its present condition, are hereby accepted by the City of Dubuque.
Passed, accepted and approved this day of . A. D. 2017.
Roy D. Boul, Mayor
Joyce E. Connors, Council Member
Kevin J. Lynch, Council Member
Ric W. Jones, Council Member �
�
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David T. Resnick, Council Member �
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Jake A. Rios, Council Member
Luis Del Toro, Council Member
Attest: I
Kevin Firnstahl Cit Clerk II
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