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Setting a Public Hearing on the Comiskey Park Environmental CovenantCity of Dubuque City Council Copyrighted October 6, 2025 1194►TiF--I&IAi101:1111101:3>!Los: I:F_1N161"XI-3 ITEM TITLE: Setting a Public Hearing on the Comiskey Park Environmental Covenant SUMMARY: City Manager recommending City Council set a public hearing for October 20, 2025, on the Iowa Land Recycling Program Environmental Covenant. RESOLUTION Setting A Public Hearing On The Iowa Land Recycling Program Environmental Covenant Between The City Of Dubuque, Iowa And The Iowa Department Of Natural Resources SUGGUESTED Receive and File; Adopt Resolution(s), Set Public Hearing for DISPOSITION: October 20, 2025 ATTACHMENTS: 1. MVM Memo 2. Staff Memo 3. Comiskey EC Resolution Setting Public Hearing_10012025 4. Notice of Hearing_Comiskey 5. Comiskey Park EC final Page 937 of 1264 THE C DUj!BQTE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Comiskey Park Environmental Covenant DATE: October 2, 2025 Dubuque AIFAWca Ciq ni I 2007-2012.2013 2017*2019 Senior Counsel Barry Lindahl is recommending City Council set a public hearing for October 20, 2025, on the Iowa Land Recycling Program Environmental Covenant. I concur with the recommendation and respectfully request Mayor and City Council approval. k�4 6a��� Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Barry Lindahl, Senior Counsel Matthew Kalcevich, Parks and Recreation Director Stephen Fehsal, Park Division Manager Gus Psihoyos, City Engineer Jill Connors, Economic Development Director Jim Bousley, Project Manager Page 938 of 1264 THE C DUUB-.*Q--FE Masterpiece on the Mississippi BARRY A. LINDAHL, ESQ. SENIOR COUNSEL MEMO To: Michael C. Van Milligen City Manager DATE: OCTOBER 6, 2025 Dubuque MI.10efiea Oily ttl I[ i - I I YI I 2007-2012.2013 2017*2019 The cleanup of City owned -property at Comiskey Park, shown on Exhibit A, is complete and we are now at the environmental covenant phase, as requested by the Iowa Department of Natural Resources. The soil does not require a covenant, however the groundwater beneath the City property remains contaminated from adjacent property. The proposed Environmental Covenant, attached, imposes limitations on the use of the property: 1. No drinking water or non -drinking water wells as defined in Iowa Department of Natural Resources Rule 567 Iowa Administrative Code 135.2 and as subsequently amended shall be installed within the Property boundaries. For purposes of reference, drinking water well means, "Any groundwater well used as a source for drinking water by humans and groundwater wells used primarily for the final production of food or medicine for human consumption in facilities routinely characterized with the Standard Industrial Codes (SIC) group 283 for drugs and 20 for foods (or the North American Industry Classification System (NAICS) Codes of 3254 for drugs and 311 for food). "Non -drinking water well means," any groundwater well not defined as a drinking water well including a groundwater well which is not properly plugged in accordance with department rules in 567-Chapters 39 and 49". The foregoing provision does not limit, restrict, or prohibit (i) extraction wells used as part of a remediation system, or (ii) dewatering activities required to perform municipal construction projects. 2. No subsurface work will be completed below 2 feet below ground surface without notification of the DNR and submission and acceptance of a Soil and Groundwater Management Plan (SGMP). OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org Page 939 of 1264 The Environmental Covenant places other restrictions and conditions on the property. City departments need to be aware of these restrictions and conditions. I request that the attached Resolution approving the Environmental Covenant be submitted to the City Council for consideration and approval. Attachments BAL:JLM CC' Crenna Brumwell, City Attorney Matthew Kalcevich, Parks and Recreation Director Stephen Fehsal, Park Division Manager Gus Psihoyos, City Engineer Jill Connors, Economic Development Director Jim Bousley, Project Manager Emily Smart, Project Manager II, Eocene Environmental Group Conner Wasson, Esq. OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL tsteckle@cityofdubuque.org Page 940 of 1264 Parcel 1013451018 81141202S. 7:45:16 AM 1:2.952 a a.ox a.aa a.o� mi 0 0.03 0.06 0.1tkm m we Loin}G+S OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL tsteckle@cityofdubuque.org Page 941 of 1264 Prepared by Barry A. Linda) Esg, 300 Main St., Ste. 330 Dubuque IA 52001-6944 (563) 583-4113 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 321 - 25 SETTING A PUBLIC HEARING ON THE IOWA LAND RECYCLING PROGRAM ENVIRONMENTAL COVENANT BETWEEN THE CITY OF DUBUQUE, IOWA AND THE IOWA DEPARTMENT OF NATURAL RESOURCES WHEREAS, the City of Dubuque, Iowa is the owner of the property known as Comiskey Park, described in the attached Environmental Covenant, Exhibit A; and WHEREAS, the cleanup of the property at Comiskey Park is complete but the groundwater beneath the property remains contaminated from adjacent property; and WHEREAS, the Iowa Department of Natural Resources has requested that the City Council adopt the Environmental Covenant which imposes limitations on the use of the property and places other restrictions and conditions on the property; and WHEREAS, Iowa Code§ 364.7 requires that the City Council set forth its proposal to dispose of an interest in law in a resolution and publish notice of the resolution and of a date, time and place of a public hearing on the proposal. WHEREAS, the City Council finds that a public hearing should be set on the adoption of the Environmental Covenant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City of Dubuque intends to dispose of its interest in the property described in the attached Environmental Covenant, Exhibit by adoption of the Environmental Covenant. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing -described Property, to be held on the 20th day of October, 2025, at 6:30 p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 61h Street, Dubuque, Iowa. Section 3. That the notice of the proposed action shall be in substantially the form attached hereto. Passed, approved, and adopted this 61h day of October, 2025. Brad M. Ca .a agfh,TAayor Attest: Trish L. Gleason, Assistant City Clerk CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque Iowa will conduct a public hearing on the 6th day of October, 2025, at 6:30 p.m., in the Historic Federal Building, 350 W. 6t" Street, 2"d floor, Dubuque, Iowa, at which meeting the City Council proposes to take action to approve an Iowa Land Recycling Program Environmental Covenant Between the City of Dubuque, Iowa and the Iowa Department of Natural Resources, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W 13th Street, Dubuque, Iowa. At the meeting, the City Council will receive oral and written comments from any resident or property owner of said City to the above action. The official City Council agenda will be posted the Friday before the meeting and will contain public input options. The agenda can be accessed at https:Hdubugueia.portal.civicclerk.com/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. Written comments on the public hearing may be submitted to the City Clerk's Office by email at ctyclerk@cityofdubuque.org or by mail to City Hall, 50 W. 13t" St., Dubuque, IA 52001, before the scheduled hearing. The City Council will review all written comments at the time of the hearing. Documents related to the public hearing are on file in the City Clerk's Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m. Individuals requiring special assistance should contact the City Clerk's Office as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. Published by order of the City Council given on the _ day of October, 2025. Adrienne N. Breitfelder, CIVIC, City Clerk Page 944 of 1264 ENVIRONMENTAL COVENANT Recorder's Cover Sheet Preparer Information: Taxpayer Information: City of Dubuque, Iowa Attn: City Clerk 50 W. 13th Street Dubuque, IA 52001 Return Address: Grantor: City of Dubuque, Iowa Grantees: N/A Legal Description: See page Page 945 of 1264 IOWA LAND RECYCLING PROGRAM ENVIRONMENTAL COVENANT This Iowa Land Recycling Program Environmental Covenant (this "Covenant") is established pursuant to Iowa Code (IC) 455I entitled Uniform Environmental Covenants Act. City of Dubuque, Iowa ( the "Grantor") and the Iowa Department of Natural Resources (the "Department") in its capacity as an agency of the State of Iowa, enter into this Covenant for the purpose of subjecting the real estate described below to certain activity and use limitations in accordance with the terms and conditions as specified herein pursuant to the authority granted the Department in IC §§ 455B.103(7) and 455H.206 and Department rules in chapter 567 Iowa Administrative Code (IAC) 137. 1. Affected Property. The Grantor is the fee title owner of the real estate legally described on Exhibit A (the "Property"). 2. Land Recycling Program Risk Management. The Property is enrolled in the Department's Land Recycling Program (the "LRP") established in IC chapter 455H and administered under Department rules in chapter 567 IAC 137. Under the LRP, the environmental response project as defined in IC § 455L2(5) has consisted of a soil and groundwater investigation and risk assessment of an affected area which includes the Property. This response action has been undertaken by the City of Dubuque, Iowa. The only remaining contamination on the Property following the response action is the presence of petroleum hydrocarbon in groundwater. The final requirement in the approved a response action plan before a no further action certificate is approved and recorded by the Department is the implementation of this Covenant, which was approved as an institutional control in a June 6, 2025 letter from the Department. 3. Institutional Controls. IC § 455H.206 and Department rules in chapter 567 IAC 137 authorize the use of an environmental covenant as an institutional control. The purpose of this Covenant is to manage the risk of future exposure to existing contaminant conditions by limiting specified land use activities at the Property, establishing affirmative obligations and enforcing the terms of this Covenant. 4. Reopening. The signatories to this Covenant acknowledge that failure of the activity and use limitations enumerated in section eight (8) to serve their intended purpose of preventing the risk of exposure to contaminant conditions could result in the Department reopening review and regulation of the Property to the extent allowed under the terms of this Covenant, IC chapters 455H and 455I, and applicable Department administrative rules. N Page 946 of 1264 5. Identity of Grantor and Holder(s): GRANTOR/HOLDER: City of Dubuque, Iowa AGENCY/HOLDER: Iowa Department of Natural Resources 6. Representations and Warranties. The Grantor warrants to the other signatories to this Covenant the following: a. that the Grantor owns fee title to the Property, subject only to easements, restrictions, and local use ordinances; b. that the Grantor holds sufficient fee title to the Property to grant the rights and interests described in this Covenant free of any conflicting legal and equitable claims, subject to fulfillment of the requirements of applicable law, including Iowa Code § 364.7 ; c. that the Grantor has identified all other persons holding legal or equitable interests in the Property, including but not limited to contract buyers, mortgage holders, other consensual lienholders, and lessees and secured their consent by signatures on this Covenant. 7. Running with the Land. This Covenant is perpetual and runs with the land as provided in IC § 455I.9 until modified or terminated. The terms of this Covenant are binding on the Grantor and all successors in interest, assigns and all transferees acquiring or owning any right, title, lien or interest in the Property and their heirs, successors, assigns, grantees, executors, administrators and devisees. The term "transferee," as used in this Covenant, shall mean any future owner of any interest in the Property or any portion thereof, including, but not limited to, owners of an interest in fee simple, contract buyers, mortgagees, easement holders and/or lessees. 8. Activity and Use Limitations and Terms. The Property is subject to the following use limitations and terms: 1. No drinking water or non -drinking water wells as defined in Iowa Department of Natural Resources Rule 567 Iowa Administrative Code 135.2 and as subsequently amended shall be installed within the Property boundaries. For purposes of reference, drinking water well means, "Any groundwater well used as a source for drinking water by humans and groundwater wells used primarily for the final production of food or medicine for human consumption in facilities routinely characterized with the Standard Industrial Codes (SIC) group 283 for drugs and 20 for foods (or the North American Industry Classification System (NAICS) Codes of 3254 for drugs and 311 for food). "Non -drinking water well means," any groundwater well not defined as a drinking water well including a groundwater well which is not properly plugged in accordance with department rules in 567-Chapters 39 and 49". The foregoing provision does not limit, restrict, or prohibit (i) extraction wells used as part of a remediation system, or (ii) dewatering activities required to perform municipal construction projects. 2. No subsurface work will be completed below 2 feet below ground surface without notification of the DNR and submission and acceptance of a Soil and Groundwater Management Plan (SGMP). Page 947 of 1264 9. Notice of Non -Compliance. Any Property owner or subsequent transferee of an interest in the Property shall notify the Department as soon as reasonably possible of conditions which would constitute a breach of the activity and use limitations in this Section 8 if they have actual knowledge of these conditions. Notification by letter posted to the address noted in section 19 or a telephone call to the primary phone number for the Department listed on the Department's then -current website shall be deemed compliance with the requirements of this Section 9. 10. Notice to Lessees. Grantor, any holder(s) with a property interest sufficient to grant a lease of the Property, and any subsequent transferee shall incorporate the activity and use limitations of this Covenant either in full or by reference to this instrument in any lease, license, or other instrument granting a right to possession of the Property. 11. Access to Property. Reasonable access to the Property is granted the Department or any authorized representative of the Department, public or private, for the purpose of implementation, monitoring and enforcement of the terms of this Covenant. The Department, its authorized representatives, or other persons entitled to access shall provide the then -current owner of the Property with reasonable notice, an explanation of the reasons for entry and the scope of onsite activities prior to access. Right of access for purposes of ensuring implementation of this Covenant may include, but is not limited to, the following activities: a. repair and maintenance of existing remedial action equipment, soil caps, groundwater monitoring wells and associated aboveground or subsurface structures b. repair and maintenance of existing fencing and other technological controls c. groundwater sampling and monitoring required by applicable law d. drilling necessary to conduct groundwater sampling or monitoring required by law e. construction of soil boring and/or groundwater monitoring wells necessary to conduct groundwater sampling or monitoring required by law f. other activities authorized or otherwise directed by the Department necessary to comply with applicable law. 12. Groundwater Hazard Statement Notice. IC § 558.69 requires submission of a groundwater hazard statement and disclosure if "hazardous waste" exists on the property as defined in IC § 455B.411(3) or if the Department determines that solid waste exists on the property that is potentially hazardous. If hazardous waste is present, the groundwater hazard statement must state that the condition is being managed in accordance with Department rules. The signatories and all subsequent transferees required to submit a groundwater hazard statement under IC § 558.69 shall make reference to this environmental covenant in substantially the following form: THE INTEREST CONVEYED IS SUBJECT TO AN ENVIRONMENTAL COVENANT, DATED [date month, day, yearl RECORDED IN THE DEED OR OFFICIAL RECORDS OF THE DUBUQUE COUNTY RECORDER ON [ date month, day, yearl IN [document, book and page, or parcel numberl. 2 Page 948 of 1264 THE ENVIRONMENTAL COVENANT CONTAINS THE FOLLOWING ACTIVITY AND USE LIMITATIONS: 1. No drinking water or non -drinking water wells as defined in Iowa Department of Natural Resources Rule 567 Iowa Administrative Code 135.2 and as subsequently amended shall be installed within the Property boundaries. For purposes of reference, drinking water well means, "Any groundwater well used as a source for drinking water by humans and groundwater wells used primarily for the final production of food or medicine for human consumption in facilities routinely characterized with the Standard Industrial Codes (SIC) group 283 for drugs and 20 for foods (or the North American Industry Classification System (NAICS) Codes of 3254 for drugs and 311 for food). "Non -drinking water well means, " any groundwater well not defined as a drinking water well including a groundwater well which is not properly plugged in accordance with department rules in 567- Chapters 39 and 49 ". The foregoing provision does not limit, restrict, or prohibit (i) extraction wells used as part of a remediation system, or (ii) dewatering activities required to perform municipal construction projects. 2. No subsurface work will be completed below 2 feet below ground surface without notification of the DNR and submission and acceptance of a Soil and Groundwater Management Plan (SGMP). 13. Modification and Termination. Modification or termination of the terms of this Covenant shall comply with the standards in IC chapter 455H.206 and applicable Department administrative rules. The terms of this Covenant may be modified or terminated by written consent of the Director of the Department, the then -current fee simple title owner of the Property, and all original signatories (unless exempted under the provisions of IC § 455I.10(l)"c" in accordance with and subject to the provisions of IC § 455I.10). The termination or modification is not effective until the document evidencing consent of all necessary persons is properly recorded. If not by consent, any modification or termination of this Covenant shall be in accordance with IC § 455I.9. 14. Enforcement. The terms of this Covenant may be enforced in a civil action for injunctive or other equitable relief by the Department, the Grantor, and those persons authorized by and in accordance with IC § 455I.11. 15. Severability. If any provision of this Covenant is found to be unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 5 Page 949 of 1264 16. Governing Law. This Covenant shall be governed by and interpreted in accordance with the laws of the State of Iowa. 17. Recordation. Within thirty (30) days after Department approval of this Covenant, the Grantor shall record this Covenant in the office of the Dubuque County Recorder's Office. 18. Effective Date. The effective date of this Covenant shall be the date upon which the fully executed Covenant has been properly recorded with the Dubuque County Recorder's Office. 19. Notice. Unless otherwise notified in writing by the Department, any document or communication required by this Covenant shall be submitted to: Iowa Department of Natural Resources Land Recycling Program 6200 Park Ave, Ste 200 Des Moines, IA 50321 20. Subordination and Consent. By signing this Covenant, the signatories knowingly and intelligently acknowledge their consent to the terms of this Covenant and agree to subordinate their interest in the Property. The following persons have expressly consented and subordinated interests: Interstate Power and Light Company, subordinating its Transmission Line Easement recorded September 26, 1961 in Easement Book 175 at Page 425. 6 Page 950 of 1264 ACKNOWLEDGMENTS GRANTOR/HOLDER CITY OF DUBUQUE IOWA By: Brad M. Cavanagh, Mayor Attest: By: Adrienne N. Breitfelder, City Clerk NOTARY PUBLIC STATE OF IOWA ) ) SS. COUNTY OF DUBUQUE ) On this day of , 20 , before me a Notary Public in and for said County, personally appeared Brad M. Cavanagh and Adrienne N. Breitfelder to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for Dubuque County 7 Page 951 of 1264 SUBORDINATED EASEMENT HOLDER INTERSTATE POWER AND LIGHT COMPANY Heather Dee Manager of Real Estate and Right of Way, Joint Facilities, and Permitting NOTARY PUBLIC STATE OF IOWA ) ) SS. COUNTY OF DUBUQUE) On this day of , , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Heather Dee, who executed the within and foregoing instrument and acknowledged that he/she executed the same as his/her voluntary act and deed on behalf of Interstate Power and Light Company. 8 Notary Public in and for said State Page 952 of 1264 AGENCY/HOLDER: Signed this day of 120 Kayla Lyon, Director Iowa Department of Natural Resources NOTARY PUBLIC STATE OF IOWA ) ) SS. COUNTY OF POLK ) On this day of , 20 , before me personally appeared Kayle Lyon known to me to be the Director of the Iowa Department of Natural Resources or the lawful designee of the Director who executed the foregoing instrument and acknowledged that this person executed the same as his/her/their voluntary act and deed. Notary Public in and for Polk County 0 Page 953 of 1264 EXHIBIT A Legal Description of Affected Property Lot 13 in the Subdivision of Lots 192, 193, 194 and 195 in L.H. Langworthy' s Addition in the city of Dubuque, Iowa, according to the recorded Plat of said Subdivision, (generally described as Lot 13 in O.S. Langworthy's Subdivision, in the City of Dubuque, Iowa); Lot 14 in the Subdivision of Lots 192, 193, 194 and 195 in L.H. Langworthy's Addition in the city of Dubuque, Iowa, according to the recorded Plat of said Subdivision, (generally described as Lot 14 in O.S. Langworthy's Subdivision, in the City of Dubuque, Iowa); Lot 15 in the Subdivision of Lots 192, 193, 194 and 195 in L.H. Langworthy's Addition (generally known as Lot 15 in O.S. Langworthy's Addition, Dubuque, Iowa) in the City of Dubuque, Iowa according to the recorded Plat thereof, Lot 16 in Orrin S. Langworthy's Subdivision of Lots 192, 193, 194 and 195 in L.H. Langworthy's Addition, in the City of Dubuque, Iowa, according to the recorded Plat thereof; Lot 17 in the Subdivision of Lots 192, 193, 194 and 195 in L.H. Langworthy' s Addition, City of Dubuque, Iowa, (Said subdivision generally called O.S. Langworthy's Subdivision), according to the recorded Plat thereof; The Northerly'/2 of Lot 18 in the Subdivision of Lots 192, 193, 194 and 195, L.H. Langworthy's Addition (generally known as O.S. Langworthy's Subdivision) in the City of Dubuque, Iowa, according to the recorded plat thereof; Lot 20 in the Subdivision of Lots 192, 193, 194 and 195, L.H. Langworthy's Addition in the City of Dubuque, Iowa (generally known as O.S. Langworthy's Subdivision) according to the recorded Plat thereof; The South one-half of Lot 18 in O.S. Langworthy's Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof, Lot 19 in O.S. Langworthy's Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof, The North 1/2 of Lot 21 in O.S. Langworthy's Subdivision, in the city of Dubuque, Iowa, according to the recorded plat thereof, The South 1/2 of Lot 21 in 0. S. Langworthy's Subdivision of Lots 192, 193, 194 and 195 in L. H. Langworthy' s Addition in the City of Dubuque, Iowa, according to the recorded plat thereof; The Southerly 1/2 of Lot 22 and the Northerly 6 feet of Lot 23 in 0. S. Langworthy's Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof; and 10 Page 954 of 1264 The South 44 feet of Lot 23 of the Subdivision of Lots 192, 193, 194 and 195 in L. H. Langworthy's Addition in the City of Dubuque, Iowa (generally known as 0. S. Langworthy's Subdivision), according to the recorded plat thereof Lot 24 in the Subdivision of Lots 192, 193 and 195 in L.H. Langworthy's Addition in the City of Dubuque, Iowa, according to the recorded Plat of said Subdivision, (generally described as Lot 24 in O.S. Langworthy's Subdivision, in the City of Dubuque, Iowa). 4900-7247-8809-1 \17872-1021 Page 955 of 1264