E.B. Lyons Irrevocable Trust Disbursement of FundsMasterpiece on the Mississippi
Dubuque
All- America City
II 111!
2012
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Edwin B. Lyons Irrevocable Trust Under Will Application for Disbursement
of Funds
DATE: April 29, 2013
Leisure Services Manager Marie Ware is requesting City Council approval of the
Edwin B, Lyons Irrevocable Trust Under Will Application to the Trustee, U.S. Bank, for
Disbursement of Funds with an approximate value of $471,000, for acquisition and
development of EB Lyons Interpretive Area Expansion.
In 2011 the City, Iowa Department of Natural Resources, Friends of the Mines of Spain,
and Iowa Natural Heritage Foundation came together with a common goal of protection
and expansion of the EB Lyons Interpretive Center. What is known as the Bottoms farm
(52 acres) came up for sale at auction. The Iowa Natural Heritage Foundation
purchased the property. The City and the Iowa Natural Heritage Foundation had a
purchase agreement enacted for the property. The City then applied for grants to assist
with the acquisition costs.
The Iowa Department of Natural Resources then led a planning effort for the addition.
Community members, including the Friends of the Mines of Spain, were actively
engaged in the planning process that resulted in a master plan for the EB Lyons
Interpretive Area Addition. With planning complete, efforts continued on fundraising and
grant writing.
Through cooperative efforts led by Planning Services Manager Laura Carstens, grants
have been received through the Iowa Department of Natural Resources Resource
Enhancement and Protection Grant program, Land and Water Conservation Fund grant
program, Iowa Department of Transportation State Recreational Trails grant program
and Integrated Roadside Vegetation Management Program. The Friends of the Mines
of Spain has also been involved in private fundraising. These funds now total
$1,494,843 in funds raised to date. The total cost of acquisition and development of EB
Lyons Interpretive Area Expansion is $1,970,085.
U.S. Bank Senior Vice- President Barb Potts has provided the attached description of
the trust and advises that the U.S. Bank Trust Committee has approved the City's
application for funds with the following three conditions:
1. Approval in writing from The Dubuque City Council addressing the entire account
balance is dedicated to the E B Lyons expansion and development as presented
in the master plan.
2. Submission of funding requests as the project progresses, signed by the City
Manager and Leisure Services Manager.
3. Continued naming opportunity of the Center in the name of E B Lyons.
Dr. Doug Olk, President of the Friends of the Mines of Spain Board of Directors, and
Park Ranger Wayne Buchholtz have provided letters of support.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:sv
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Marie Ware, Leisure Services Manager
2
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
DATE: April 26, 2013
SUBJECT: Edwin B. Lyons Irrevocable Trust Under Will
Application for Disbursement of Funds
X
INTROD UCTION
The purpose of this memo is to request disbursement of the Edwin B. Lyons Irrevocable Trust for the purposes of acquisition
and development of the EB Lyons Interpretive Area Addition.
BACKGROUND
Edwin B. Lyons (EB Lyons) executed a Last Will and Testament in 1969. EB Lyons died in 1970. The will created a Trust that
provided for his son Edwin Lee Lyons and Edwin Lee's wife Jane. Edwin L. Lyons passed away in 1999. Jane Milson -Lyons
passed away in 2012. The Trust has been and is managed by US Bank. They are the current trustee.
The Edwin B. Lyons Irrevocable Trust has funded numerous items related to the original part of the EB Lyons Center as well
as the Rip Row project. The Trust has a current approximate value of $471,000.
The will states "It is my will and I direct that this trust fund shall be dedicated in the uncontrolled discretion of my trustees to
the purpose of acquiring additional park areas for the City of Dubuque, Iowa, either within or without the corporate limits, and
the development of such areas into parks and playgrounds, a forest preserve or a nine -hole par 3 golf course, it is being my
will and direction that the fund may be used for any or all of such purposes. I am not averse to using part of the fund for
providing a baseball park, athletic field or recreation center and equipping the same. Upon approving any proposed purchase
or improvement as herein contemplated, the trustees are authorized and directed to pay and distribute from time to time to
the Dubuque Park Board or to the City of Dubuque, as the case may be, so much of the trust fund as the trustees deem
suitable and appropriate in carrying out the objects and purposes of the trust as herein expressed."
In 2011 the City, Iowa Department of Natural Resources, Friends of the Mines of Spain, and Iowa Natural Heritage
Foundation came together with a common goal of protection and expansion of the EB Lyons Interpretive Center. What is
known as the Bottoms farm (52 acres) came up for sale at auction. The Iowa Natural Heritage Foundation (INHF) purchased
the property. The City and INHF had a purchase agreement enacted for the property. The City then applied for grants to
assist with the acquisition costs.
The Iowa Department of Natural Resources then led a planning effort for the addition. Community members were actively
engaged in the planning process that resulted in a master plan for the EB Lyons Interpretive Area Addition. With planning
complete, efforts continued on fundraising and grant writing.
Through cooperative efforts led by Laura Carstens, Planning Services Manager, grants have been received through the Iowa
Department of Natural Resources Resource Enhancement and Protection Grant program, Land and Water Conservation
Fund grant program, Iowa Department of Transportation State Recreational Trails grant program and Integrated Roadside
Vegetation Management Program. The Friends of the Mines of Spain has also been involved in private fundraising. These
funds now total $1494)343 in funds raised to date. The total cost of acquitiion and development of EB Lyons Interpretive
Area Expansion is $1,970,085.
Recently Barbara Potts of US Bank met with City Manager Mike Van Milligen, Assistant City Attrorney Maureen Queen and
myself to share the Edwin B. Lyons Trust will and the philanthropic gift it provides to the City. She shared the intended use of
funds as outlined in Item Four of the will.
DISCUSSION
As shared in the background, many partners have been involved in the EB Lyons Interpretive Area Addition. The first efforts
were to protect and expand the Interpretive Area. Next efforts turned to take the Master Plan and make it a reality. The
success of grants and fundraising has come a long way in a short amount of time. The partnerships between all involved has
made that possible. EB Lyons and subsequently his son Edwin Lee and wife Jane have supported parks efforts and
specifically work related to EB Lyons Center and Interpretive Area and the Rip Row addition next to the Mines of Spain.
The gap in funding of the acquisition and development costs versus funds and grants raised to date is $475,242. The Trust's
value is approximately $471,000. A request for disbursement of the Trust's funds would allow full acquisition and
development of the EB Lyons Interpretive Area Addition.
Attached you will find an application to the Edwin B. Lyons Trust for disbursement of the funds to go toward acquisition and
development. As you will see the application is endorsed by the Friends of the Mines of Spain and Iowa Department of
Natural Resources. This application was presented to the US Bank Trust Board to determine if the project proposed was
eligible for funding according to the Trust requirements. The Trust Board has agreed the project is eligible according to
Barbara Potts of US Bank. The Park and Recreation Commission will be meeting on May 6th at 4:30 p.m. to review this
application as well.
RECOMMENDATION
I respectfully recommend approval of the application for disbursement.
Prepared by:
M LW:et
cc:
Laura Carstens, Planning Services Manager
Barry Lindahl, City Attorney
Maureen Quann, Assistant City Manager
Doug Olk, Friends of the Mines of Spain
Wayne Buchholtz, Park Ranger, Mines of Spain Recreation Area
Gus Psihoyos, City Engineer
Barbara Potts, US Bank
EDWIN LYONS TESTAMENTARY TRUST
EDWIN L & JANE M LYONS
OVERVIEW: Edwin B. Lyons, a well know businessman in Dubuque,
Iowa established his Last Will and Testament on April 24, 1969. Edwin
passed September 15, 1970. Under his Will he created several Trusts.
One Trust was created and funded in 1972 for the City of Dubuque in the
amount of $290,000.00. The Trustees were Edwin's only child, Edwin Jr.,
Robert Clewell, attorney and U S BANK NA. The Trust was created and
dedicated as follows:
"to the purpose of acquiring additional park areas for the City of Dubuque,
Iowa, either within or without the corporate limits, and the development of
such areas into parks and playgrounds, a forest preserve or a nine hole par
three golf course, it being my will and direction that the fund may be used
for any and all such purposes. I am not averse to using part of the fund for
providing a baseball park, athletic field or recreation center and equipping
the same. Upon approving any proposed purchase or improvement as
herein contemplated, the Trustees are authorized and directed to pay and
distribute from time to time to the Dubuque Park Board or to the City of
Dubuque, as the case may be, so much of the Trust fund as the Trustees
deem suitable and appropriate in carrying out the objects and purposes of
the Trust as herein expressed."
A majority of the Trust disbursements created and funded the E.B. Lyons
Nature Center. The funds were often used to support matching grant funds.
The account was depleted and closed June 29, 2005 after a final
disbursement to the Nature Center in the amount of $24,500.00. It should be
noted that Edwin Jr. was a very active Trustee for the Trust.
A second Trust was also created at that same time for the benefit of Edwin
Jr. and his wife Jane. The opening balance was $100,000.00. This Trust
named the same three Trustees listed above. Under the terms of the Trust
Edwin and Jane received a set monthly distribution for their lifetime. Edwin
Jr. passed on November 12, 1999. Jane passed on August 18, 2012. At the
time of Jane's passing the second Trust had been in existence approximately
41 years. Under the management and financial stewardship of U S BANK
NA the Trust assets had grown from $100,000.00 to $470,000.00 after all
annual distributions of income.
The Trust states that at the time of the last to pass of Edwin and Jane, the
Trust terminates and the balance is added to and becomes part of the Trust
provided for in Item Four of the Will, which is the Trust for the City of
Dubuque. Again, a Trust we closed once it was depleted in 2005.
We met with the Dubuque City Manager, the Leisure Services Director and
the Assistant City Attorney on April 17, 2013. At that initial meeting the
City Manager presented to us a funding request of $355,242.00. This
amount has since changed to include the entire Trust balance. This request
would be for the further development and acquisition of land for the E B
Lyon Nature Center and Mines of Spain. This is the last part of a $1.8
million dollar expansion and improvement project at the Center.
The U S BANK NA Charitable Trust Committee met on April 26, 2013 in
Dubuque and reviewed the request. Approval was granted contingent on the
following:
1) Approval in writing from The Dubuque City Council addressing the
entire account balance is dedicated for the E B Lyons expansion and
development as presented in the master plan.
2) Submission of funding requests as the project progresses, signed by
the City Manager and Leisure Services Manager.
3) Continued naming opportunity of the Center in the name of E B
Lyons.
LAST WILL AND TESTAMENT.
I, EDWIN D. 1,YONS, a resident of Dubuque in Dubuque County,
Iowa, do hereby make, publish and declare this my Last Will and
Testament, hereby revoking all former wills by me made.
ITEM ONE. To my son, Edwin Lee Lyons, in case he survives me and
not otherwise, I give, devise and bequeath all of the household
furniture, carpets, rugs, pictures, curtains, ornaments, silver,
glassware, linens, books and all household goods, equipment and
effects contained in our home at 80 Fremont Avenue, Dubuque, Iowa.
n case my said son, Edwin Lee Lyons, does not survive me, then I
give and bequeath the property referred to in this Item One of my
ill to my son's wife, Jane, if living; and if both my said son and
his said wife predecease me, then the property referred to in this
Item One shall become a part of my residuary estate provided for in
Item Four of this will.
ITEM TWO. (a) I give and bequeath to St. John's Episcopal Church
of Dubuque, Iowa, the sum of Two Thousand Dollars ($2,000.00), to
be used for permanent improvement and not for current operating
expenses.
(b) I give and bequeath to The Finley Hospital, Dubuque,
Iowa, the sum of Two Thousand Dollars ($2,000.00), to be used for
permanent improvement or equipment and not for current operating
'expenses.
ITEM THREE. In case my son, Edwin Lee Lyons, survives me but not
otherwise, I give, devise and bequeath to First National Bank of
\4
Dubuque, Iowa, and Robert W. Clewell of Dubuque, Iowa, as trustees
without bond, the sum of One Hundred Thousand Dollars ($100,000.00),
in cash or in kind or partly in cash and partly in kind as designated
and allocated by my executors, for the uses and purposes as provided
in this item of my will and with all the powers given to the trustees
by the subsequent terms and provisions of this will. Out of the
income and proceeds of said trust fund the trustees shall pay all
proper taxes, assessments, costs and expenses incident thereto. Out
of the income the trustees shall pay to my son, Edwin Lee Lyons, and
his wife, Jane Milson Lyons, and the survivor, the sum of Two Hundred
Fifty Dollars ($250.00) each month commencing with the first month
following the date of my death. If for any reason the net income is
insufficient to provide for the payment of said monthly sum, then
in such event the trustees are authorized and directed to invade and
use so much of the principal or corpus of the trust fund as may be
necessary from time to time to make up the required sum of Two Hundred
Fifty Dollars ($250.00) each month. In case of illness, disability
or other emergency the trustees determine that additional funds are
required to meet the added expense with which my son or his said wife
is faced, taking into consideration their other income and assets,
then I authorize and direct my trustees to use so much of the income
and principal of this trust as may be necessary for the payment of such
extraordinary expenses. Any income not used for the purposes herein
prescribed shall be added to and become part of the principal of the
trust fund. The trust in this item of my will shall continue until
the death of my said son and his said wife, at which time the trust
shall terminate and the assets in the trust, both principal and ac-
cumulated income, shall be added to and become a part of the trust
provided for in Item Four of this will. In case of the inability of
Robert W. Clewell to act as such trustee, First National Bank of •
Dubuque, Iowa, shall continue as sole trustee.
-2-
ITEM FOUR All the rest, residue and remainder of the property
which I own at the time of my death of whatsoever kind, both real
and personal and wheresoever situated and including property which
I hereafter acquire as well as that which I now own, I give, devise
and bequeath to First National Bank of Dubuque, Iowa, my son, Edwin
Lee Lyons, and Robert W. Clewell of Dubuque, Iowa, as trustees
without bond, for the uses and purposes herein set out and with all
of the powers given to my trustees by the subsequent terms and pro-
visions of this will. It is my will and I direct that this trust
fund shall be dedicated in the uncontrolled discretion of my trustees
to the purpose of acquiring additional park areas for the City of
Dubuque, Iowa, either within or without the corporate limits, and
the development of such areas into parks and playgrounds, a forest
preserve or a nine-hole par 3 golf course, it being my will and
direction that the fund may be used for any or all of such purposes.
I am not averse to using part of the fund for providing a baseball
park, athletic field or recreation center and equipping the same.
pon approving any proposed purchase or improvement as herein con-
templated, the trustees are authorized and directed to pay and
distribute from time to time to the Dubuque Park Board or to the
City of Dubuque, as the case may be, so much of the trust fund as
the trustees deem' suitable and appropriate in carrying out the
objects and purposes of the trust as herein expressed.
ITEM FIVE. The trustees of the trusts provided in Items Three and
Four of this will shall have the power to receive, hold, manage,
control, invest and reinvest the same and the proceeds thereof from
time to time in such securities or property, real or personal, as
my said trustees in their sole discretion deem advisable, authorizing
my trustees to make such investments as a reasonably prudent person
would make having due regard for the safety of the principal and
the income to be derived and whether or not any such investments are
in the list of investments authorized by rule, law or regulations for
the investment of trust funds, it being my desire and recommendation
that subject to economic and market conditions to which the trustees
shall give due consideration, the assets of the trusts shall be
kept invested in stocks and bonds of high investment grade inthe
ratio of one-third bonds and two-thirds stocks. Out of the income
and proceeds of the trust funds the trustees shall pay all proper
taxes, assessments, costs and expenses incident thereto. They shall
have the power and authority from time to time to lease, mortgage,
encumber, sell and convey the trust property or any part thereof, '
and to execute deeds, mortgages, assignments, leases, releases and
such instruments and upon such terms and conditions as the trustees
in their discretion deem necessary or suitable in the administration
of the trust estates, and all of said powers may be exercised without
any application to or approval of Court. Any part or all of the
trust assets may be inscribed in the name of the First National Bank
as owner or a nominee of the bank in order to facilitate the sale
or other disposition of the same. The trustees may determine what
is principal and what is income and allocate or apportion receipts
and expenses between principal and income, provided however, that
dividends paid in stock of the issuing corporation shall be deemed
to be principal and not income. I authorize my trustees to hold and
retain in their discretion any investments which I may own at the
time of my death. I also authorize my trustees to compromise, adjust
or settle claims in favor of or against the trust estates on such
terms and conditions as they deem advisable and shall have the power
to agree to any plan of merger, liquidation, recapitalization or
reorganization of any corporation, the securities of which constitute
a part of the trust estate.
Upon the death, resignation or inability of either of my said
-3-
personal trustees, the surviving personal trustee and the First
National Bank of Dubuque, Iowa, shall continue as trustees without
bond, and upon the death, resignation or inability of both my said
personal trustees, the First National Bank of Dubuque, Iowa, shall
continue as sole trustee without bond.
ITEM SIX. I nominate and appoint my son, Edwin Lee Lyons, and
First National Bank of Dubuque, Iowa, as executors of this will and
of my estate without bond. I authorize my executors to sell any
real estate owned by me upon such terms and at such price as they
deem advisable and to execute and deliver deeds therefor without
any order or approval of Court. In case of the inability of my said
son to act as executor, I appoint First National Bank of Dubuque,
Iowa, sole successor without bond.
I direct that all inheritance, estate and succession taxes of
whatsoever kind imposed upon my estate and upon my son, Edwin Lee
Lyons, and his wife, Jane Milson Lyons, and upon their right to
receive the bequests and benefits contained herein, shall be paid by
my executors out of my residuary estate, it being my will and I hereby
direct that said bequests and benefits shall be paid and vest in them
without deduction on account of any such taxes.
IN WITNESS WHEREOF I have hereunto set my hand to this my Last
Will and Testament at Dubuque, Iowa,. this )..,ycla.„. day of April A.D. '
1969.
Edwin B. LyTi
On this \-1- day of April A.D. 1969, at Dubuque, Iowa, the
foregoing instrument was signed in our presence by the said Edwin B.
Lyons, and by him declared to be his Last Will and Testament, and
we at his request and in his presence and in the presence of each
other hereunto subscribe our names as witnesses, and under like cir-
cumstances he signed his name on the margin of Pages One and Two
hereof.
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Masterpiece on the Mississippi
Ms. Barbara Potts
Sr. Vice President
Relationship Manager
US Bank
270 West 7th Street
Dubuque, IA 52001
Dear Barbara,
Dubuque
erica C
2007
April 19, 2013
City Manager's Office
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4805
Office (563) 589-4110
Fax (563) 589-4149
TTY (563) 690-6678
ctymgr@cityofdubuque.org
www.cityofdubuque.org
It was a pleasure learning the history of Edwin B. Lyons, his family and activities of his
Trust to date. He has created a legacy that has added so much to our community
already. He was a man with great foresight and a true philanthropist that has added to
the quality of life in our community through his works related to parks and recreation.
We would like to request consideration of $471,000 from the Edwin B. Lyons Trust to
match grant funding for the acquisition and development of the EB Lyons Interpretive
Area Addition.
This request would allow the community driven master plan for the EB Lyons
Interpretive Area Addition to become reality. The City has been very active in applying
for and subsequently receiving federal and state grant funds to acquire and develop the
additional acreage that is adjacent to the current EB Lyons Interpretive Area. The funds
requested will allow acquisition and complete development of the addition as outlined in
the master plan.
The community support for the project is evident in the fundraising activities of the
Friends of the Mines of Spain. They have always been an active partner with the City.
We are also very fortunate to have the Iowa Department of Natural Resources whom
takes on the management of the interpretive area improvements.
This addition to the EB Lyons Interpretive Area complements the City's parks system.
Nowhere else in our parks system do we have such rich cultural, historic and ecological
resources all in one place for our citizens as well as visitors to enjoy and learn from.
Much has been written in recent years about connecting our young people with the
outdoors. This new parkland gives hands-on learning experiences related to
woodlands, prairies, and blufflands to young people of all ages.
Service
People
Integrity
Responsibility
Innovation
Teamwork
Ms. Barbara Potts
April 19, 2013
Page 2
The land acquisition and development of the Interpretive Area Addition is in accordance
with goals and objectives in the City's 2008 Comprehensive Plan and the 2013 City
Council goals. The project implements goals and provisions of the IDNR's 1991 Mines
of Spain Master Plan and the 2006 Iowa Great River Road Corridor Management Plan.
The Mines of Spain is designated as a Silos and Smokestacks National Heritage Area
(SSNHA) Partner Site. The project supports the SSNHA Interpretive Plan in telling the
story of Iowa agriculture or agribusiness.
The project implements the following Statewide Comprehensive Outdoor Recreation
Plan (SCORP) outdoor recreation goals: Quality of Site; Relationship to SCORP
Priorities of resource protection, partnerships, education, funding, land acquisition,
facility maintenance, marketing, shared resources, and safety and access for persons
with disabilities; Direct Recreational Benefits; and Local Need.
We are completing a historic evaluation of the farmstead on the project site and have
commissioned an updated appraisal. Both of these documents should be completed by
mid-May. These documents are needed for release of a federal grant for acquisition
costs. We anticipate closing on the property in June.
We look forward to hearing from you regarding our request. The funds would not have
to be disbursed right away but could be dispersed as the acquisition and development
project moves forward. A timeline can be developed that is acceptable to the City and
the Trust.
Enclosed you will find letters of support from our project partners, the Iowa Department
of Natural resources and the Friends of the Mines of Spain. Also enclosed for your
consideration is a description of the project, maps of the project site and master plan,
and an updated current budget.
I will be presenting this application for funding to the City Council at their May 6, 2013
City Council meeting for their consideration. It is my hope that it will be approved by
then, but I understand if your process takes longer. Either way, you are invited to the
May 6, 2013 City Council meeting at 6:30 p.m. on the second floor of the Historic
Federal Building.
Should you have any questions related to this request, please feel free to contact me at
any time. My direct number is 589-4110 or email at ctymgrcitvofdubuque.org.
Sincerely,
Michael C. Van Milligen
City Manager
Ms. Barbara Potts
April 19, 2013
Page 3
MCVM:mw
Enclosures
cc: Douglas OIk, Chair, Friends of the Mines of Spain
Wayne Buchholtz, Park Ranger, Mines of Spain State Recreation Area
Barry Lindahl, City Attorney
Maureen Quann, Assistant City Attorney
Marie Ware, Leisure Services Manager
Laura Carstens, Planning Services Manager
Gus Psihoyos, City Engineer
Fields of Opportunities
STATE OF IOWA
TERRY E. BRANSTAD, GOVERNOR
KIM REYNOLDS, LT. GOVERNOR
April 19, 2013
To: City of Dubuque
50 W. 13th Street
Dubuque, Iowa 52001
DEPARTMENT OF NATURAL RESOURCES
CHUCK GIPP, DIRECTOR
RE: E.B. Lyons Interpretive Area Addition at the Mines of Spain State Recreation Area
Dear Mr. Van Milligen and Dubuque City Council:
I am writing this letter on behalf of the Iowa Department of Natural Resources and
specifically for the Mines of Spain State Recreation Area. As you know, the Mines of
Spain Recreation Area is owned by the State of Iowa and the E. B. Lyons Interpretive
Center is owned by the City of Dubuque, with all being managed by the Iowa DNR.
The Iowa Department of Natural Resources, City of Dubuque, Friends of the Mines of
Spain and the Iowa Natural Heritage Foundation have been working in partnership to
acquire and develop 52 acres adjacent to the E. B. Lyons Interpretive Center/Mines of
Spain Recreation Area. The acquisition and development of the new property will
greatly enhance the park providing additional outdoor experiences for visitors. The
master plan that has been developed for this project includes ADA trails, parking lots,
youth group camp site, restrooms, shelters and more. Funds are being raised and
committed towards these projects and acquisition of the land.
In our meeting on April 17, we discussed the land acquisition and master plan
development in conjunction with the funds currently raised. You provided information in
regards to the Edwin B. Lyons Last Will and Testament and your recommendations for
funds to be used towards the master plan. On behalf of the Iowa Department of
Natural Resources and Mines of Spain State Recreation Area, I fully support your
recommendation to utilize funds left by E. B. Lyons to be used towards land acquisition
and development. With this funding the entire Master Plan and land acquisition can
move forward and be completed in the very near future.
Sincerely,
Wayne Buchholtz/Park Ranger
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Mines
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5O�11^ � Street
Second Floor
Dubuque, IA
52001
FRIENDS of MINES of SPAIN
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8991 Bellevue Hts.
Dubuque, IA 5I003-9214
(563) 556-0620
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April 17, 2013
Dear Mr.Van Milligen and Dubuque City Council Members:
As President of its Board of Directors, I am writing this letter on behalf of the Friends of the Mines
of Spain. As you know, we are a 501 (c) 3 non-profit organization that promotes and supports the
activities and mission of the Mines of Spain Recreation Area and the E.B. Lyons Interpretive
Center of Dubuque.
1 am writing specifically to follow up on our discussion earlier today as it relates to the Edwin B.
Lyons Trust Fund. As you had informed us and per provisions in Mr. Lyons' last will and
testament, funds of this trust may soon be distributed through the City of Dubuque toward causes
and projects outlined in his will.
Currently, the Friends Group is partnering with the City of Dubuque, the Iowa Natural Heritage
Foundation and the State of Iowa Department of Natural Resources to acquire and develop land
just west of the current EB Lyons Interpretive Center. This project will gne@UV enhance the
programming capabilities of the Mines of Spain and be a tremendous addition to the Park.
Fundraising toward the project has been going very well, but all of the necessary funds have not
yet been raised.
The Friends of the Mines of Spain supports the recommendation to utilize funds from the Edwin
B. Lyons Trust Fund toward this project.
SinCerely,
,104D
Douglas G. Olk, M.D.
President, Board of Directors
Mines of Spain: E.B. Lyons Interpretive Area Expansion
Description of Proposed Project:
The generosity of the E.B. Lyons Trust made possible the 1976 construction, and the 2010
expansion, of the E.B. Lyons Interpretive Center as the visitor information center and park office
for the Mines of Spain State Recreation Area. The 1,387 -acre State Park consists of forest and
prairie along the Mississippi River owned and managed by the Iowa Department of Natural
Resources (IDNR). The Interpretive Center and 30 surrounding acres are owned by the City of
Dubuque as part our parks system. The Center is managed by the IDNR. The Friends of the
Mines of Spain (FOMOS) assists Park Staff with administration of the State Park and the Center.
The project site is the 52 -acre Bottoms farmstead that abuts the Mines of Spain on the north
and the Interpretive Center environs on the east. The City will hold title to the project site,
which will become part of the Mines of Spain and will be managed by the IDNR. The project
site is shown on the attached map of the State Park.
Expanding the parkland adjacent to the Center offers more outdoor space for interpretive and
educational purposes. With park expansion, many more visitors can be served and new
programs implemented. The acquisition and development of this land will serve as the outdoor
classroom for the Interpretive Center, offering hands -on learning about the environment,
habitats, culture and wildlife that are a part of the region. We will use universal design so that
interpretation and education opportunities are accessible to persons with disabilities to the
extent feasible. The facilities will continue to be open free to the public.
The City is working in partnership with the IDNR, the FOMOS, and the Iowa Natural Heritage
Foundation (INHF) to implement the attached Master Plan. This plan was developed with public
input through a survey and an open house as part of an IDNR -led process. The plan includes:
® an overlook /outdoor classroom;
® an ADA accessible trail from the Center to the new overlook;
• trailhead and additional visitor parking;
• new restrooms and shelters;
• youth group campground area;
® information /orientation kiosk;
• tall grass and short grass prairies;
® trees and shrubs;
® wildlife buffer plantings;
® bio- retention cells;
® a new park maintenance center; and
® improved visibility of the existing vehicle entrance to the Center.
An historic evaluation of the farmstead and an updated appraisal will be completed in May as
per federal grant requirements. We anticipate closing in the land in June. As shown on the
attached budget, $1.49 million has been raised through federal and state grants, pledges and
donations for the $1.97 million project, which leaves just over $475,000 yet to be raised. An
estimated $120,000 is needed for construction inspections and managing federal grant funds.
1
Mines of Spain: E.B. Lyons Interpretive Area Expansion
Purpose of Proposed Project:
The Interpretive Area Addition strives to enhance a regional destination where visitors and
residents can reconnect with nature by experiencing the historical, cultural and ecological
aspects of the environment through interactive learning that augments and supplements the
indoor learning opportunities of the Interpretive Center to provide a comprehensive learning
experience. Our project goals are:
® Create an atmosphere that promotes learning through natural areas and scenic vistas.
® Create a space where environmental and educational groups can gather, meet and
learn.
® Enhance the classroom experience by providing school children and college students
with a hands -on learning experience in a natural setting.
® Build environmental and cultural awareness and respect.
® Build on the experience at the Interpretive Center by connecting the natural (outdoors)
and interactive (indoors) learning opportunities.
® Provide positive experiences for visitors.
® Heighten awareness of conservation and the environment.
® Increase group business, especially from regional and national environmental groups.
The Mines of Spain includes woodlands, prairie, and blufflands that overlook the Mississippi
River along a 3 -mile shoreline. Trails connect visitors to a farm site, forests, prairies,
archeological sites, and wetlands. The Interpretive Center is connected to the Mines of Spain
parkland via some of these trails, but not by road. The E.B. Lyons Interpretive Area Addition
will create more outdoor space for interpretation and education that is readily accessible from
the Interpretive Center. Our project objectives are:
1. Re- evaluate the 1991 Mines of Spain master plan for goals, objectives, issues, and
considerations that have changed since then
2. Preserve the outstanding scenic qualities from intrusive development
3. Expand and enhance interpretive opportunities adjacent to the Interpretive Center:
® Develop additional trails — emphasize full accessibility
® Replace row crops with prairie and /or woodland to provide closer interpretive
opportunities
® Re- establish prairie, savanna and woodland to allow Interpretive Center -based
programs which will not require vehicular transportation
® Provide interpretive opportunities through kiosks, interpretive signs, and hands -on
learning
4. Improve water quality in Catfish and Granger Creeks when row crops are replaced with
permanent native vegetation
5. Improve and enhance the Interpretive Center vehicle entrance for better visibility
2
Mines of Spain: E.B. Lyons Interpretive Area Expansion
6. Relocate and construct a new park maintenance facility
7. Increase Interpretive Center parking in previous park maintenance shop location
8. Provide appropriate recreation opportunities compatible with the natural and cultural
resources
9. Expand opportunities for youth -based activities, such as a youth group camping area
Project Justification /Need:
The Edwin B. Lyons Trust is, in part, for "...the purpose of acquiring additional park areas for the
City of Dubuque...and the development of such areas into parks...." We believe the E.B Lyons
Interpretive Area Addition magnificently serves this dual purpose, and we hope you agree.
The Mines of Spain State Recreation Area has served as a focal point for environmental and
cultural educational programs and interpretive activities for the tri -state area of Iowa, Illinois,
and Wisconsin for many years. Burgeoning interest in the region's rich history and growing
awareness of the significance of the Mississippi River watershed creates greater demands for
outdoor programming. The Interpretive Area Addition will provide outdoor classroom space for
interpretation and education that is universally accessible from the Interpretive Center.
The Interpretive Center currently serves over 250,000 visitors annually and provides hundreds
of programs for students, youth groups and families. Area colleges such as University of
Dubuque, Loras College, Clarke University, Northeast Iowa Community College, and University
of Wisconsin - Platteville utilize the Center. Demand has continued to increase over the years
for more programs and services. With the Interpretive Area Addition, we can increase
interpretive programs, and increase visitation. The outcome will be a place for expanded
education, increased visitor experiences, and outdoor facilities for all to use.
The project will form a buffer for the State Park and the Interpretive Center from encroaching
development, restoration of native landscape to improve and expand wildlife habitat and storm
water management, and opportunities to expand parking, interpretive signage, and other park
amenities that will improve the visitor experience. Rugged and complex topography adds to
highly scenic character of the project site. The project offers educational opportunities and
accessible trails connected to the Interpretive Center; a dramatic view of the Catfish Creek,
Granger Creek, and Mississippi River valleys; and areas for youth group camping, wildlife
habitat, tree planting, and prairie restoration.
We plan to promote heritage tourism to attract more visitors to the community and to the park
through existing partnerships of local, state, and federal agencies (City, Dubuque County, IDNR,
National Park Service, Silos & Smokestacks National Heritage Area, Soil & Water Conservation
District), special interest groups (FOMOS, Sierra Club, Audubon Society, regional school
systems, colleges & universities) that preserve and promote outdoor recreational opportunities
at the Mines of Spain. We would love to have the Edwin B. Lyons Trust as a partner once again.
3
Mines of Spain: E.B. Lyons Interpretive Area Expansion
INITIAL COST ADJUSTED GRANTS FUNDS FOMOS CASH TOTAL RAISED YET TO BE
ITEM /FUNDING EST. COST EST. AWARDED PLEDGED IN BANK SO FAR RAISED
Land Acquisition $375,000.00 $393,885.00 (includes professional fees, surveys & deconstruction)
IDNR -REAP Grant (2011) (Resource Enhancement and Protection) $200,000.00
NPS /IDNR -LWCF (Land and Water Conservation Fund) $141,000.00
FOMOS Cash In the Bank $2,983.00
INHF $5,060.00
IDNR (Archeological Survey) $5,400.00
Trail / Trailhead Parking $227,500.00
IDOT -SRT Grant (State Recreation Trails)
FOMOS: Prairie Trail Pledge
FOMOS: Center Trail Donation
$317,500.00 (includes engineering & contingency)
$170,500.00
$132,000.00
Other Land Development $697,500.00 $488,700.00 (includes engineering & contingency)
IDNR -REAP Grant (2012) (Resource Enhancement and Protection) $200,000.00
NPS /IDNR -LWCF (Land and Water Conservation Fund) $33,900.00
IRVM (Integrated Roadside Vegetation Mgmt) $20,000.00
IDNR (Master Plan and Interpretive Kiosks) $60,000.00
New Park Maintenance Bldg $500,000.00
IDNR (budgeted: FY2016)
$650,000.00 (includes engineering & contingency)
$509,000.00
$15,000.00
$354,443.00 $39,442.00
$317,500.00 $0.00
$313,900.00 $174,800.00
$509,000.00 $141,000.00
TOTALS $1,800,000.00 $1,850,085.00 $830,800.00 $646,060.00 $17,983.00 $1,494,843.00 $355,242.00
Construction & Grant Mgmt $0.00 $120,000.00 $0.00 $120,000.00
NPS = National Park Service
$1,800,000.00 $1,970,085.00 $830,800.00 $646,060.00
$17,983.00 $1,494,843.00 1 $475,242.00 I
IDNR = Iowa Dept. of Natural Resources FOMOS = Friends of the Mines of Spain
IDOT = Iowa Dept. of Transportation INHF = Iowa Natural Heritage Foundation
Confidential 4/19/2013 Page 1
E.B. Lyons Interpretive
Area Addition
Woodland Expansion
Wildlife Buffer
Mown Path
Overlook/
Outdoor Classroom
ADA Accessible Trail
To Existing
Meskwaki Trail
-1 Mines of Spain
Prairie
Existing Trails
Mown Path
Barn / Silo Possible Rehabilitation
Shelter /Restroom
Youth Group Camp Area
Existing E.B. Lyons
Intrepretive Center
EB Lyons
Interpretive Area
Addition -
Proposed
Improvements
February 2012
E. B. Lyons Interpretive
Area Addition
—. — E.B. Lyons Interpretive
Area Boundary
INS
0' 150' 300'
Information /Orientation Kiosk
Existing Historic
Wine Cellar
Prairie Trailhead
Park Service Building
Biorentention Cell
Parking Expansion -
Existing Historic
Pine Chapel
Existing Historic
Root Cellar
Mines
'Spain
THE CITY OF
DUB
600'
Masterpiece on the Mississippi
Entrance &Visibility Improvements
Restroom Replacement
Produced By:
PLANNING 0 DESIGN
Iowa
Natural Heritage
Foundation
Juilen Dubuque., `L
Monument
Catfish Creek
Canoe Access
\:.
N.
Horseshoe Bluff.
E.B. Lyons
Interpretive Center
Granger
Creek
Old Massey RD
}■
1' 1
1 j5)
r" Cattesse Creek
1 —: —.
® I..:`
0' 600' 1200'
2400'
Mines of Spain
State Recreation
Area
February 2012
Mines of Spain State Recreation Area
E.B. Lyons Interpretive Area Addition
Mississippi River
EXISTING ROAD
- - -- EXISTING HIKING TRAIL (UNPAVED)
ADA ACCESSIBLE TRAIL
EXISTING SKI TRAIL
P
i#Ir1
PARKING 112 PICNIC AREA
E.B. Lyons
Interpretive Center SCENIC VIEWS
RESTROOMS 101 Shelter
Julien Dubuque Trail 0.6 Miles
Nature Center Trail 1.3 Miles
Catfish Trail 1.75 Miles
Meskwaki Trail l Mile
Riprow Valley
Calcite Trail 2 Mile Loop
Horseshoe Bluff Nature Trail 2 Miles
Observation Blind
Wetland Trail & Observation Deck
Sauk & Fox Trail
South Entrance
Cemetery
Prairie Ridge Ski Trail 3 Miles
Cedar Ridge Ski Trail 3 Miles
Cattesse Trail l Mile
Eagle Scout Trail 6Miles
Jbank®
The Private Client Group
270 W 7th Street
Dubuque, IA 52001
563.589.2247
February 15, 2013
Michael Van Milligen, City Manager
City of Dubuque
50 W 13th Street, 2nd Floor
Dubuque, IA 52001
RE: Edwin B. Lyons Irrevocable Trust Under Will
Dear Michael:
U.S. Bank, NA is serving as the trustee for the Edwin B. Lyons Irrevocable Trust Under Will.
Jane A. Lyons, who recently passed away, was a beneficiary of this Trust. Upon her passing, all
interest she held in this trust is now terminated.
Enclosed for your records is a copy of the Last Will &Testament of Edwin B. Lyons. Item Three
of the Will states that this Trust will terminate and the assets held now become a part of the Trust
that was provided for in Item Four of the Will.
The City of Dubuque, as a legal heir and beneficiary named in the trust, is required to complete
and sign a Form W -9 Request for Taxpayer Identification Number and Certification. Please
return the completed form to me in the self - addressed, postage paid envelope at your earliest
convenience.
Pursuant to Iowa Code Section 633A.4213 you have a right to receive an annual accounting and
a copy of the trust instrument. Please indicate your desire in writing if you would like to receive
either of these items.
I look forward to meeting with you soon so that we may discuss the Trust and the benefits it will
offer to the City of Dubuque. If you have any questions, please feel free to contact me.
Sincerely,
Barbara J. Potts
Sr. Vice President /Relationship Manager
563 -589 -2269 (direct)
877 - 628 -7878 (toll -free)
barb. j .potts@usbank.com
Enc.
usbankocom