Comiskey Park Environmental CovenantCity of Dubuque
City Council
all 311[ON:I=F-301►1616"I ZI
Copyrighted
October 20, 2025
ITEM TITLE: Comiskey Park Environmental Covenant
SUMMARY: Proof of publication on notice of public hearing to consider
City Council adopt a resolution approving the Iowa Land
Recycling Program Environmental Covenant with the Iowa
Department Of Natural Resources for Comiskey Park, and
City Manager recommending approval.
RESOLUTION Approving 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)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. Staff Memo —Comiskey Park_09-24-2025
3. Comiskey EC Resolution
4. Comiskey Environmental Covenant —signed
Page 704 of 817
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 14, 2025
Dubuque
AIFAWca Ciq
ni
I
2007-2012.2013
2017*2019
Senior Counsel Barry Lindahl advises the cleanup of City owned -property at Comiskey
Park is complete and the city is 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 imposes limitations on the use of the property:
1. No drinking water or non -drinking water wells shall be installed within the
Property boundaries.
2. No subsurface work will be completed below 2 feet below ground surface without
notification of the Iowa Department of Resources and submission and
acceptance of a Soil and Groundwater Management Plan.
The Environmental Covenant places other restrictions and conditions on the property.
Senior Counsel Barry Lindahl is recommending adoption of the resolution.
I concur with the recommendation and respectfully recommend Mayor and City Council
approval.
i
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 705 of 817
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 20, 2025
d�]►Ti16-1""/='d:7_1:7:A4ki1V/I:Z6]kiIJiI=1kiIr_1Wd01T/ski/_1ZIII I
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 706 of 817
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 707 of 817
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 708 of 817
Prepared by Barry A. Lindal, Esq. 300 Main St., Ste. 330, Dubuque IA 52001-6944 (563) 583-4113
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1311 St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 346 - 25
APPROVING 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, the City Council finds that the adoption of the Environmental
Covenant is in the best interests of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA THAT:
Section 1. The Environmental Covenant is hereby approved.
Section 2. The Mayor is hereby authorized and directed to sign the Environmental
Covenant on behalf of the City of Dubuque.
Section 3. The City Clerk is hereby authorized and directed to record the
Environmental Covenant with the Dubuque County Recorder.
Section 4. The City Manager is hereby authorized and directed to take such
action as may be appropriate to carry out the terms and conditions of the Environmental
Covenant.
Passed, approved, and adopted this 20th of October, 2025.
Br d M. Cavanna , V ayor
Attest:
��✓,��l�rvL
Adrienne N. Breitfelder, City Clerk
Doc ID: 011423700013 Type: GEN
Kind: RESTRICTIVE COVENANTS
Recorded: 10/22/2025 at 04:25:12 PM
Fee Amt: $67.00 Paqe i of 13
Dubuque County Iowa
Ann E. Sweeney Recorder
File2025-00011449
ENVIRONMENTAL COVENANT
Recorder's Cover Sheet
Preparer Information:
Barry A. Lindahl, Esq.
300 Main Street Ste. 330
Dubuque, IA 52001
(563) 589-4113
Taxpayer Information:
City of Dubuque, Iowa
Attn: City Clerk
50 W. 13th Street
Dubuque, IA 52001
Return Address:
City of Dubuque, Iowa
Attn: City Clerk
50 W. 13th Street
Dubuque, IA 52001
Grantor:
City of Dubuque, Iowa
Grantees:
N/A
Legal Description:
See page 10-11
�,' DOG C ity C ler k ��00
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 § 455I.2(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 4551, and applicable Department administrative rules.
2
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:
l . 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 (NAILS) 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).
3
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 [dale
month, day, year RECORDED IN THE DEED OR
OFFICIAL RECORDS OF THE DUBUQUE COUNTY
RECORDER ON [ date month, day, yearl IN [document,
book and page, or parcel number].
4
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 3254for 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(1)`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
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.
C
ACKNOWLEDGMENTS
GRANTOR/HOLDER
CITY OF DUBUQUE IOWA
By:
Brad M. Cavanag , yor
Attest: ��LL??_x"By:
�,, 6) ta4
Adrienne N. Breitfelder, City Clerk
NOTARY PUBLIC
STATE OF IOWA )
) SS.
COUNTY OF DUBUQUE )
On this �1,1 day of (r)CJx-pix(' , 20aS , 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.
E*MF
"Son LYNN BLUS Notary Public in and or Dubuque County
C"11W"1"1#Vr Q479Ny Coffin. Exp.. 6
7
SUBORDINATED EASEMENT HOLDER
INTERSTATE POWER AND LIGHT COMPANY
By:
Heat r bee
Manager of Real Estate and Right of Way, Joint Facilities, and Permitting
NOTARY PUBLIC
STATE OF IOWA )
) SS.
COUNTY OF DUBUQUE)
r
On this day of 1 IZD25 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.
MARY J MONTO MERY Notary�Pubi2n9�th
ate
O
Notarial Seal - IOWA
*0WA Commission No. 784124
My Commission Expires May 16, 20*
8
AGENCY/HOLDER:
ct�c,j A, Signed this day of c} ,2025
Kayla n, Direct
Iowa Department of Natural Resources
NOTARY PUBLIC
STATE OF IOWA )
) SS.
COUNTY OF POLK )
� cu► �uPta►TME
s l
CwwM m Names 830386
• w w *@bnEvi►w
On this 1 S1, day of (01 W v , 201 S , before me personally appeared
Kayle Lyon known to me to be the Director of the IoNva 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
Q
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 '/z 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 '/z of Lot 21 ui O.S. Langworthy's Subdivision, in the city of Dubuque, Iowa,
according to the recorded plat thereof;
The South '/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
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).
4900-7247-8809-1117872-1021
11
Prepared by Barry A. Linda) Esq. 300 Main St Ste 330 Dubuque to 52001-6944 (563) 583-4113
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1311 St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 346 - 25
APPROVING 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, the City Council finds that the adoption of the Environmental
Covenant is in the best interests of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA THAT:
Section 1. The Environmental Covenant is hereby approved.
Section 2. The Mayor is hereby authorized and directed to sign the Environmental
Covenant on behalf of the City of Dubuque.
Section 3. The City Clerk is hereby authorized and directed to record the
Environmental Covenant with the Dubuque County Recorder.
Section 4. The City Manager is hereby authorized and directed to take such
action as may be appropriate to carry out the terms and conditions of the Environmental
Covenant.
Passed, approved, and adopted this 20th of October, 2025.
rad M. Cavan ayor
Attest:
Adrienne N. Breitfelder, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, do hereby certify that I am the duly appointed,
qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
City Clerk, I have in my possession or have access to the records of the proceedings of the
City Council. I do further state that the hereto attached Resolution No. 346-25 is a true
and correct copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 22"d day of October 2025.
'••
(SEA[;,) �..� 4
yc� `�'}.
Aez"
eI-eY4
Adrienne N. Breitfelder, City Clerk