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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 � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 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 � AII�A�nnCiry DUB E '�I�I��' Masterpiece on the Mississippi Z°°' Z°'Z 2�13 201� 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 $125,503.11. Their desire is for the fund to be used as the City deems necessary for care of the Plaza as outlined in the �s�A�� � � �� M��y�'��� CM.ti [F[II IISPF IPWPENGE C LUkLK� Resolution. A city fund would be established for this transfer �;��SM, °1���� P�r��w�F�tN����r ��M,�3R���F '; �,��«, WW/I 198h 1008 MAV 1941^194h HPMI -1 1 ..:-.. PFC fl01{FPi C -.. -_ .. . . 1 W W�� U O M�1�T I O M�1. 4 d}'ON SULLIVAN JF MS9i INE fI I15A4 JOSEPH J LIIkLK I �'11 �� � �� �--'� I US MANINL COflPS �I�N WIfIlEflH01i CO U 1 1:11PO INf 'if111i1 W(fMING 1986 200L SfPT.200�'2012 I 7Hff RCSi WW II-PAf.IFIC __ _ MING � � ' JUSEPH �ROBEI : � �j��+/ JOHN AIP' Their desire was for the continuation of inemorial aver sales. ' �" �':"q"ER , p S�T M�«�E f. 'STON� MIILNOLLANO �LAVfNNh TflANEL JOSEVN SNEHMAN��i 1111 )EF .US AflMY 2005-09 US NAVY WWII P\�T 11S APM`I WWII'i inc Persons can purchase pavers throughout the year and twice a ���� �flA� 1944194G ,9,3,y83 � �« year they are installed at the Plaza. Veterans' Memorial Plaza us! KOELKER �N,S�SAN�M�«Efl�li , �, 'r��;` .;"l�u�J I VNP�wc ru8no 004 I '�NI Board has worked with Brannon Monument on the sale, lettering � and installation of pavers. Currently the Board has sold pavers =_ „J ,�� oq;q�e:JMY„`T sP°s�p;,, that will be a part of the spring installation. The City upon �w �� - i581""°° , I t�VU V JS v1ET M N P�HtR 8 UWN 532M1Pf 1 �i USS Alll 0 �IIS NA ' 91�-. �0 69 SE4i�1565 JUiY�v11- acceptance of the Resolution would continue working with � �� � � ������ �I ^JF.i N M MO Gf �.. ii � FF{;y ��; sni.r i. :eMv�.s. dVfNdY.'115� ���� .:1F LNE-I Brannon Monument for this spring installation. Any pavers sales � �� �.5 AAN� �� � �B= NNAM - kOFEN .. E OIIfiHIHARYW�F U$AflMY.� i'.'AV�� 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 1 ' ���Grr� PaNISH A41fRlfa:\' U.$.AIF FORCE . be used for deposits of any donations to the Veterans Memorial '-,��F g�oBtN�a ,4 � �fl1KA$AWVEL I�� - .tiNiv ..,ra�,ru�sa�,vutt � ERIC SAWVfL I 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 *ALSO L[CENSHD IN WISCONSIN �'ALSO LICBNSED IN ILLINOIS $ALSO LICENSBD QJ MWNESOTA WRITER'S DIRECT E-MAIL ADDRESS MN[LLG W G@ FUERS7'ELAN.COM 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 � � � ( David T. Resnick, Council Member � � I Jake A. Rios, Council Member Luis Del Toro, Council Member Attest: I Kevin Firnstahl Cit Clerk II , y