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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. \ /b,. m,54-.....- c-1 , 1.) --/Y TG 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 vvww. iowad n r. g ov Mines ofpain � 5O�11^ � Street Second Floor Dubuque, IA 52001 FRIENDS of MINES of SPAIN ]����8�������K�� the ���c���� 8991 Bellevue Hts. Dubuque, IA 5I003-9214 (563) 556-0620 . � . ���������D���s4��sl�a��i.4��� ^ ^^ 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