Minutes_Park and Recreation Commission 5 6 13PRESENT:
ABSENT:
OTHERS
PRESENT
EB LYONS
TRUST -
APPLICATION
FOR
DISBURSEMENT
OF FUNDS;
VOTE:
PARK AND RECREATION COMMISSION MEETING
Monday, May 6, 2013
4:30 p.m., Auditorium, Carnegie -Stout Public Library
Bob Blocker, Charles Harris, Paul Hoffmann, Karen Lyness, and David
Schlueter
Ken Klinge and Evelyn Nadeau
Staff present: Marie Ware, Dan Kroger, Steve Fehsal and Eileen Trimble
Laura Carstens - Planning Services Manager, Wayne Buchholz — EB Lyons,
Barb Potts, US Bank, Daniel and Ann Ernst and Jennifer Tigges — Friends of
Mines of Spain, Leo Broughton — Tour Dubuque
Leisure Services Manager Marie Ware explained that the City, Iowa
Department of Natural Resources, Friends of the Mines of Spain and Iowa
Natural Heritage Foundation have been working together for expansion of the
EB Lyons Interpretive Center. When a 52 -acre parcel of land known as the
Bottoms farm came up for auction the Iowa Natural Heritage Foundation
purchased the property. The City and the INHF had a purchase agreement
enacted for the property. The total cost of acquisition and development of EB
Lyons Interpretive Area Expansion is $1,970,085. The City applied for grants
to assist with the acquisition costs and Friends of the Mines of Spain have
been involved in private fundraising. Funds raised and grants to date total
$1,494,843.
Planning Services Manager Laura Carstens told Commissioners that the 52
acres acquired are west of the current Center with some wooded areas and
some areas with beautiful views. The expansion includes a trail next to the
Interpretive Center that persons with mobility issues could use.
Barb Potts, a Trustee of the EB Lyons Irrevocable Trust gave a little history of
the trust. At a time when Edwin B. Lyons' company had acquired a lot of
wealth he sold some properties and put the funds in a trust to provide for his
son Edwin Lee Lyons and his wife Jane. Edwin Lee Lyons passed away in
1999 and Jane Milson -Lyons passed away in 2012. When Jane Milson -Lyons
passed away, the funds reverted back to the original trust which has the City as
recipient. The account started with $100,000 and is now worth $471,000.
The City has applied for disbursement of the funds for acquisition and
development of EB Lyons Interpretive Area Expansion. US Bank as the
Trustee has approved the City's application for the funds with the following
three conditions: 1) approval in writing from the Council saying the entire
account will be dedicated to the EB Lyons expansion and development; 2) US
Bank will pay expenses as the project progresses; and 3) the area and Center
retains the name of EB Lyons.
It was moved by Harris, seconded l Lyness, to recommend approving
disbursement of funds from the EB Lyons Irrevocable Trust under will. The
motion passed unanimously.
continued
AQUATIC
CENTER STUDY
FIRM; VOTE:
TOUR DUBUQUE
REQUEST TO
USE TRAILS AND
PARKS; VOTE:
May 6, 2013 special meeting
page two
The Request for Proposals was approved by the Park and Recreation
Commission, City Council and School Board. Nine proposals were received
and the joint committee interviewed four firms the second week of April. The
committee is recommending Novak Design Group. The hope is that the study
will be done by late fall. The joint school /city committee's recommendation is
going to the Park and Recreation Commission, City Council, School Facilities
Committee and then the School Board.
This proposal is for a study to answer the many questions decision makers
would need to determine whether to move forward with the project.
It was moved l Hoffmann, seconded y Harris, to approve recommendation
of Novak Design Group for the Indoor Aquatic Center Study. The motion
passed unanimously.
Leo Broughton, owner of Tour Dubuque has requested permission to use
Trikkes on trails and in some city parks. The Trikkes have a 250 watt electric
motor and are hardwired to stay in economy mode (10 mph) which is a safe
speed plus uses less battery.
Manager Ware said the Commission discussed this request at the April
meeting and was split on a recommendation. Since that meeting Ware and
other city staff have gathered additional information from the insurance
company and reviewed all the previous information, all of which can be found
as part of the original minutes. The city staff reviewing this request felt
comfortable drafting a usage agreement with Tour Dubuque for a trial period.
Commissioner Lyness asked how many Trikkes Tour Dubuque has, how many
people would be in a tour group and where do the tours currently go. Mr.
Broughton said Tour Dubuque owns 28 Trikkes and there are usually 10 or
less in a group. Currently tours go to the Port of Dubuque, Historic Millwork
District, 11th Street past Prescott School, Old Jail, City Hall, 14th Street,
Richards House and then turn around. They also go to the Town Clock area,
Bluff Street by the shops, Main Street and back to 2nd and Main where their
shop is. Mr. Broughton said they are in the process of equipping the Trikkes
with turn signals and brake lights, etc. for safety.
Lyness said the problem some of the Commissioners had with the request was
would it open up to all motorized vehicles like mopeds, etc. if we recommend
this request. Mr. Broughton felt the City including the Legal Department had
addressed that concern and the ordinance itself already delineates the type of
vehicle. Commissioner Schlueter said they were also worried that approving
this request would open the door to anyone with a Trikke type vehicle. If the
Commission recommends approval, would this be for just this specific use and
continued
May 6, 2013 special meeting
page three
be for a one -year trial? Manager Ware commented that in most usage
agreements with the City, there is a clause allowing for termination of the
agreement in case issues come up.
Commissioners Schlueter and Hoffmann asked about the liability and covered
limits for each occurrence if something would happen. Mr. Broughton did not
have a copy of the insurance in front of him but Manager Ware said the City's
insurance people put the amounts and coverage requirements in all
agreements the City has so the City would be covered.
Ms. Ware told Commissioners that Commissioner Nadeau asked her to
forward comments regarding this request: Ms. Nadeau is still against this
Usage Agreement because she feels it opens the door too much.
It was moved by Lyness, seconded y Hoffmann, to allow Tour Dubuque
Trikkes on the Riverwalk and other areas approved l the city, with a one -year
trial period. The motion passed unanimously.
Commissioner Blocker asked when the marina is opening. Manager Ware said
the ribbon cutting is scheduled for Saturday, June 1st.
It was moved by Schlueter, seconded by Harris, that the meeting be adjourned
at 5:20 p.m. The motion passed unanimously.
Chairperson
Attest