Vacation of Plat of Survey of Hurst Addition (Lots 1 & 2)-Sherry Flexer Copyrighted
December 18, 2017
City of Dubuque Public Hearings # 1.
ITEM TITLE: Vacation of Plat of Survey of Hurst Addition (Lots 1 & 2)
SUMMARY: Proof of publication on notice of public hearing to consider
approval to vacate the Plat of Lot 1 and Lot 2 of Hurst
Addition, comprised of Lot 31 through Lot 36 of O'Neill's
Addition in the City of Dubuque, lowa and the City Manager
recommending approval.
RESOLUTION Approving the vacation of the Plat of Survey
of Lot 1 and Lot 2 of Hurst Addition, in the City of Dubuque,
lowa, and Approving the use of the former Legal
description, namely: Lot 31, Lot 32, Lot 33, Lot 34, Lot 35
and Lot 36 of O'Neill's Addition in the City of Dubuque,
I owa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Vacation of Plat of Survey of Hurst Addition-NNM City Manager Memo
Memo
Staff Memo Staff Memo
Vacate Resolution Resolutions
Plat of Survey Supporting Documentation
Proof of Publication Supporting Documentation
THE CITY OF Dubuque
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AIFA�erlwGh
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Masterpiece on the Mississippi Z°°'�w'2
7A13 2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacation of Plat of Survey of Hurst Addition
DATE: December 12, 2017
The Hurst family agreed to sell to Sherry Flexer a home located on a large parcel. The
intent of the parties was that Ms. Flexer, the buyer, would purchase the home and a
portion of the larger parcel, with Hurst retaining the balance of the parcel. Due to a
miscommunication between the realtor and the parties, the transaction proceeded to
closing before the new plat of survey was recorded. The deed conveying the property
to Ms. Flexer and the mortgage she executed in favor of her bank both used the old
legal description for the larger parcel. After the plat is vacated, the legal description
originally used in the deed to convey the land to Flexer will be correct.
City Engineer Gus Psihoyos recommends the City Council approval of the vacation of
the Plat of Survey of Lot 1 and Lot 2 of Hurst Addition.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�� �� ���
Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF Dubuque
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Au�A�ric�cm
UB E �:�.. �,�l.�
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Masterpiece on the Mississippi Z°°''Z°12
20t3•2017
TO: Michael C. Van Milligen, City Ma er
FROM: Gus Psihoyos, City Enginee�
SUBJECT: Vacation of Plat of Survey of Hurst Addition
DATE: December 11, 2017
INTRODUCTION
The submitted request from Jed J. Hurst is to vacate the Plat of Survey of Lot 1 and Lot
2 of Hurst Addition, being property at Salem and Excelsior Streets, in the City of
Dubuque, lowa.
DISCUSSION
The Hurst family agreed to sell to Sherry Flexer a home located on a large parcel. The
intent of the parties was that Ms. Flexer, the buyer, would purchase the home and a
portion of the larger parcel, with Hurst retaining the balance of the parcel. Due to a
miscommunication between the realtor and the parties the transaction proceeded to
closing before the new plat of survey was recorded. The deed conveying the property
to Ms. Flexer and the mortgage she executed in favor of her bank both used the old
legal description for the larger parcel.
Nearly simultaneously, the Hursts recorded the new plat (Hurst Addition, see
attachment) creating the new parcels out of the former larger parcels. Due to the fact
the new plat (Hurst Addition, see attachment) created a new legal description, the
Flexer's bank was unable to record a valid mortgage.
The bank had also subsequently sold the Flexer loan to its current holder. In order to
correct the record all parties desire to withdraw the plat recorded by the Hursts after the
closing and each party has executed the documents attached for that purpose. After
the �lat is vacated, lhe I�gal description or�iginally used in the deed to convey the land to
Flexer will be correct.
RECOMMENDATION
The Engineering Department has discussed this issue with Planning Service Staff and
determined there are no issues with vacating the plat from a zoning perspective. The
existing structures and former lot layout were compliant prior to the submittal of the Plat
of Survey of Lot 1 and Lot 2 of Hurst Addition.
The Plat of Survey of Lot 1 and Lot 2 of Hurst Addition also includes an access
easement which is not necessary and will also be vacated.
I recommend that the Plat of Survey of Lot 1 and Lot 2 of Hurst Addition as indicated on
the attached documents be vacated.
ACTION TO BE TAKEN
I respectfully request approval of the vacation of the Plat of Survey of Lot 1 and Lot 2 of
Hurst Addition, in the City of Dubuque, through adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
2
Prepared bv: Samuel M. DeGree, 300 Main Street, Suite 323. Dubuaue. IA 52001 (563) 582-2000
Returnto: Samuel M. DeGree, 300 Main Street, Suite 323, Dubuque, IA 52001 (563) 582-2000
RESOLUTION NO. 400-17
RESOLUTION APPROVING THE VACATION OF THE PLAT OF SURVEY OF LOT 1
AND LOT 2 OF HURST ADDITION, IN THE CITY OF DUBUQUE, IOWA, AND
APPROVING. THE USE OF THE FORMER LEGAL DESCRIPTION,
NAMELY: LOT 31, LOT 32, LOT 33, LOT 34, LOT 35 AND LOT 36 OF O'NEILL'S
ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a Petition of the proprietors of the property Tying within the Plat of Survey of Lot
1 and Lot 2 of Hurst Addition, in the City of Dubuque, Iowa, to vacate such plat; and
Whereas, such Petition proposes that such property shall hereafter be known as
Lot 31, Lot 32, Lot 33, Lot 34, Lot 35, and Lot 36 of O'Neill's Addition in the City
of Dubuque, Iowa; and
Whereas, said Petition conforms to the laws and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Plat of Survey of Lot 1 and Lot 2 of Hurst Addition, in
the City of Dubuque, Iowa, recorded on February 20, 2015 as Instrument No. 2015-
1838 in the records of the Dubuque County Recorder, be hereby vacated.
Section 2. That the property Tying within the Plat of Survey of Lot 1 and Lot 2
of Hurst Addition, in the City of Dubuque, Iowa, be hereafter known by its previous
legal description, namely Lot 31, Lot 32, Lot 33, Lot 34, Lot 35, and Lot 36 of O'Neill's
Addition in the City of Dubuque, Iowa.
Section 3. That the City Clerk be and is hereby authorized and directed to file a
certified copy of this resolution in the office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 18th day of December 2017
Za
/II -11 r
(Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, CMC, City Clerk
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Doc ID: 008187360005 Type: GEN
Kind: SURVEY PLAT
Recorded: 02/20/2015 at 02:46:37 PM
Fee Amt: $27.00 Pa�e 1 of 5
Dubuque County Iowa
John Murphy Recorder
File20 1��000o i V�V
PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET DUBUQUE IOWA PHONE: 563 556-4389
Plat of Survey of:
Lot 1 and Lot 2 of Hurst Addition,
as comprised of Lot 31 thru Lot 36 of 0'Neill's Addition
in the City of Dubuque, Dubuque County, lowa
1H15 SURVEY IS LO�TEffO•IN hIE NWI/4 OF
SECTON 72,T89N,R2E(DUBUIXIE TWP)OF
� iHE STH P.M.,IN THE qN OF DUBUWE.
O. S DUBUWE COUNTY,IOWA
DETAI LS:
NOT TO SCALE
SALEM ST. (50' R.O.W.) _ _- - — -
N87'34'53"E 269.92' �2799.96' (100.00�) —
119.96' (120.00�)
LOT 36 N
� 0'NEILL'S ADD. � � LOT 37
LOT 13 o y W y 0'NEILL'S ADD.
0'NEILL'S ADD. _ r
I G'-,(�G� � -�C
0
p � J1 � � N
� o � yO � o 0 o LOT 38
o Q LOT 35v o � 0'NEILL'S ADD.
0'NEILL'S ADD. � � �Q �j.0'NEILL S ocn
X Z� �% ADD. � N
N � (W ' N �
� r °D 40' x 25' ACCESS N o LOT 39
N � EASEMENT
c�"�o LOT 15 p = � o rn v 0'NEILL'S ADD.
� �v 0'NEILL'S ADD. � � 'oJ� 0'NEILL'S ADD�5=0� N
0
� N �
W • OD
��
D ,.�� LOT 33 ,oqi o LOT 40
� r V' iv 0'NEILL'S ADD. 0'NEILL'S ADD.
� � LOT16 ��!
.-. 0'NEILL'S AD D. �� Ng7'34'S0"E 1 0 0.1 6' o
o p o 100.00' o
• � o LOT 32 �
O v � � v
" � G 0'NEILL'S ADD. LOT 41
LOT 17 � 0'NEILL'S ADD.
0'NEILL'S ADD. � ,9�sJ.�O� �
J �O
� SQ O/� D SOUTHWESTERLY
�OT 18 �`�O� m CORNER LOT 55
0'NEILL'S ADD. LOT 31 . � 0'NEILL'S ADD.
0'NEILL'S ADD.
170.29' (170.00') 100.29' (100.00') 169.39� (170.00')
S 87'18'41"W 439.97� (440.00�)
_ VINTON ST (60' R.O.W.) -
LEGEND
• FOUND 1'IRON PIPE
(UNLESS NOTED OTHERNASE)
PLACED 5�8"IRON REROD W/ORANGE, NOTES
O PLASTIC CAP MARKED"KOELKER 15487 1.ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
■.� 2.SURVEYED REQUESlED BY: JED HURST
SURVEYED BOUNOARY LINE 3.PROPRIETORS LOT 1 OF HURST ADDITION: JED J.HURST
PROPERTY LINE 4.PROPRIETORS LOT 2 OF HURST ADDITION: JEFFERY J.HURST
— CENTER LINE O� 3O� BO� 120' S.TOTAL AREA SURVEYED: 29,940 S�FT 0.69ACRES
ROW RIGHT OF WAY 6.THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
( ) RECORD DIMENSION SCALE: 'I� = GO�
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS �U ES 1 N G
\\����0�����`���p����4ij��� PREPARED AND iHE RELATED SURVEY WORK WAS PERFORMED BY ME OR
� �i UNDER MY DIRECT PERSONAL SUPERVISION AND THAT 1 AM A DULY ASSOCIATES INC.
\��\�c.�•°,�•�°'SG��� %NGINSSRS AND SURV6YORS
`2�e �,Po= LICENSED LAND SUR��DE�~� THE$TATE OF IOWA.
_W e ^t`�% 1212 LOCUST ST.DUBUQUE,IA
_U; 7ERRY L. °-<= ( 2.//?f J S (563)556-4389
_J• KOEIKER o A= __`^�,.�
� 15487 c TERRY L K ER DATE DRAWN BY: JJL CHECKED BY: TLK
� � LICENSE NUMBER 15487 SURVEY DATE: 12/2/13 PLOT DATE: 2/71/15
/'�e��' °��*� DWG.N0.13276-02 SCALE: 1"=60'
�i����i/////,/,I"O,'�P`\\\\\\\\\\��� MY LICENSE RENEWAL DATE IS DECEMBER 31,2015
SHEETS COVERED BY THIS SEAL: SHEET 1 h 2 SHEET 1 OF 4
�r����� �u�Or-�
o-i�
� Sheet 2 of 4
Survevor's Certificate
I,Terry L. Koelker,a Duly Licensed Land Surveyor in the State of lowa,do hereby certify that the following real
estate was surveyed and platted by me or under my direct personal supervision,To Wit:
Lot 31 thru Lot 36 of O'Neils's Addition in the City of Dubuque, Dubuque County, lowa.
This survey was performed for the purpose of subdividing and platting said real estate henceforth to be known
as Lot 1 and Lot 2 of Hurst Addition,in the City of Dubuque, Dubuque County, lowa. Tota(area of Lot 1 and
Lot 2 of Hurst Addition is 0.69 acres(29,940 square feet).Total area of Lot 1 is 0.41 acres(18,010 square
feet). Tatal area of Lot 2 is 0.27 acres(11,930 square feet). Lot areas are, more or less,and all Lots are
subject to easements, reservations, restrictions,and rights-of-way of record and not of record,the plat of which
is attached hereto and made a part of this certificate.
BY.�uu.�r����,�L''----1 _ � ����Is'
Terry L. Koelker Date
Licensed�and Surveyor
License No. 15487 License Renewal Date: 12/31/15
Owner's Consent
Dubuque, lowa ��_,201,�
The foregoing Plat of Survey of: Lot 1 of Hurst Addition,in the City of Dubuque, Dubuque County, lowa is
made with the free consent and in accordance with the desires of the undersi ned owners and proprietors of
said real estate.
J J. Hurs
State of lowa )
)
County of Dubuque ) ss:
On this�day of r ,AD 201$, before me,the undersigned,A Notary Public in and for
the State of lowa,personally appear Jed J. Hurst,to me personally known,who, being duly sworn did say
that said appeared Jed J. Hurst acknowledged the execution of said instrument to be their voluntary act and
deed voluntarily ex�cuted.
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� 1Nitn�ss m.y hand`and�Notarial Seal on the date above written.
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;:,°�The foregoing Plat of Survey of: Lot 2 of Hurst Addition,in the City of Dubuque, Dubuque County, lowa is
`''made with the free consent and in accordance with the desires of the undersigned owners and proprietors of
said real estate.
Jeffery J. Hurst
State of lowa )
)
County of Dubuque ) ss:
On this l7� day of ,AD 2d� before me,the undersigned,A Notary Public in and for the
State of lowa,personally appeared J �ry J. Hurst,to me personally known,who, being duly sworn did say that
said appeared Jeffery J.:Hurst acknowledged the execution of said instrument to be their voluntary act and deed
voluntarily executed. -=�" `� � �:
,,",'''}e ,�.�"''ti�*:
Witness my hand and N�rial S�al on=t�a��date above written.
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'.?-�d-���,,� N�o/}ary ublic in ar��for the Sta#e of low
�'�. �:3�;` �__ r (��J� G�t�'�S' �'! F��l1.t.c.CS -7-�t�dl�(a
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`` y ' . Sheet 3 of 4
Citv of Dubuque Planninq Services
Dubuque, lowa QeG, l� ,2013
The foregoing Plat of Survey of: Lot 1 and Lot 2 of Hurst Addition,in the City of Dubuque, Dubuque County,
lowa, is hereby approved by the City Planner of the City of Dubuque, lowa.
Planning Services Department
By:
Laura Carstens, City Planner
City of Dubuque, IA
Citv Assessor's Certificate
Dubuque, lowa � � � ,20�'S
The foregoing Plat of Survey of: Lot 1 and Lot 2 of Hurst Addition,in the City of Dubuque, Dubuque County,
lowa,was entered of record in the Office of the City Assessor of the City of Dubuque, lowa,on the date first
written above.
cs+.�/ (,.(_
Richard A. Engelken, ity Assessor
City of Dubuque, IA
Countv Auditor's Certificate �
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;�.��.. ,� �� 20�J�
Dubuque, lowa _-��',� ��.b�„ ,
�A�� y •'G> Sa . .
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The foregoing Plat of Survey of: Lot 1 and Lot 2 of Hurst Addition,in the� -�`i�i�o�'�t.r�iuq�,� uque Caunty,
lowa was entered of record in the Office of the Dubuque County Auditor thi���� `-. ;�da��b�� '
,20(� �� .} V �r �% ,
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; �.;:' ,' r�'�,-. F�, .
We approve of the subdivision name or title to be recorded. � . ''� `�'� � " ` '� ' �::,
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` Cqr�nty Audi��'o��f Du�uque, lowa
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Recorder's Certificate
Dubuque, lowa � �,2QS
The foregoing Plat of Survey of: Lot 1 and Lot 2 of Hurst Addition,in the City of Dubuque, Dubuque County,
lowa has been reviewed by the Dubuque County Recorder.
D bu ue County Recorder
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Sheet 4 of 4
BANK CONSENT TO PLAT
��CC.I L �;;�`Y1 V'Y1�,�i1� M 5ervices hereby states that it is the mortgagee of a mortgage
Instrument Na. ZuU�i-i�t�G ►�`LU of the records of�ubuque County, lowa as dated �� '��i and
fiied on � ���V`'1 an real estate described as follaws:
Lot 35 and Lot 36 of O'NeiPs Addition, in the Gity af Dubuque, Eowa,
��,� � -
��'�1�k_�-�Lli�1�11���111���rZ���'1�uY� consents to the Plat of Survey of: Lot 1 and Lot 2 af Hurst
Addition, in the City of Dubuque, Dubuque County, lowa
Dated this � � day of �l,t�� ��C'��� , 20 ���
BY: , Ck� .
State a# lowa )
)
County of Dubuqus ) ss:
On this 1� day of ���I'uQ Y� , AD 20I,`�.�before me, the undersigned, A Notary
Public in and for the State vf lowa, personally appeared �-,�;�- Slc�,l�L I'�
ta me personai�y knawn, who being by me duly sworn, did
s#ate that �u V is the v� ('7YY\�1� �VL U.
of said corporatian executing t e within and foregoing instrument, that said instrument was signed an behalf af
said Corporation by authority of its Baard of Directors, and that �.�'S1U,b�Q t�'
as such officer acknowledged the executio�' n af the faregaing instrument
ta be the voluntary act and c�eed of said Corparation by it voluntarily executed.
Witness my hand and Notarial Seal on the date above written
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' � R[otary Public in and for the State of lowa
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��C Gt�t�ENT Tt�PLAT
�r � �'� i �1���'`' ��iet�s herek�y states#�at it is�the r�torC ag�e of mvrtgag�
� � artd
1n r ent Nc�.,� of t�ie records af L7ubuc�cte C€�urfty, iow� as tiated
filed on � �; � � + on real estat�described as foilows:
E.of�3��and Lat��3� of�0'�e�l°s Additipn� in�t�e�+��ty of U�u�bu+que,_lowa�r
I I i�� �1�1� ���� ✓�1�consents t�the F'lat afi Sur�r�y of: Lot 1;and L,�t 2 of Hurst
Ad ti n, in#he City e►f Du uque, Dub�que Cat�nty, fowa �
� � 1n' /I
��ted'#his �_ ,�.day of r �-�-( $_�0��
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(,a..� �-�,� {�����rc��-���-��-f��
sta#c�of lowa �
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Ca�nty t�f �ubuque � s�:
CJn t�is�.�J_..��day of {�I�.�.1� ,Ad 20l"��efc�r� me, t1�uncfer�ic��red,,A tVcitary
Public i� and for the�te c�f louv�; p�rsc��altY�Pl� �+'ed P �7�,j��1 ���
to m�p r�sa ily k»own, who b�ing by me du�y sav�rrn;di�
st�ts that is#}�e �" r
Qf said cr,�po�-�� e�t+�c�ating the wi�t�rt ar�d it�r�g�ing �rtstrum��; ha#said iz�st . �rtt;t�€a�s����r�t+�d on beha�#af
said Corpc�ration by authorfty c�f i#s Boarci c�f L�i3-ectors, and that _ �, �.-�
as suc�offccer acknowl�dged t execu#ic�n of the f�regc�'rn� instrum�nt
ta be the voluntary act and deed Qf said Cc�rperra�c�n by it v+�funfaril�r e�cc�cuted.
1Nitness my hand an�i h�otarial 5eal ari the date abc�ve w;�tt�ri.
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STATE OF IOWA {SS: �
DUBU�UE COUNTY
,�
CERTIFICATION OF PUBLICATION
I, Suzarule Pilce, a Billing Clerk for Woodward Communications, Inc., an Iowa carporation,publisher �
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuc�ue, County �
of IDubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: December 08, 2017, and for which the charge is $17.52.
I;
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Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, ,'�
this l� day of�� o ,,,Y��.�J , 20 /7 ;, Ij
CITY OF DUBUQUE, :I �
JOWA
OFFICU►L NOTICE
� � � � NOTICE is hereby�,
� � �� giventhatthe.Dubuquet� �
City Couricil will�:�c�n �� ,
duct a public heanng.' i
at a meeting to com ' I
Notar Public in and for Dubu ue Count Iowa.
mence at 6.00 p.m on ; �
y q y� Monday, December 18
2017, in the Histonc,
Federal Building, 350;;; �!
West 6th Street,on the!, !,
intent to vacates the; �i
Plat of Survey for Lot 1 ; �
antl Lot 2 of Hutst� '
Addition;in the City of ,
� �9P,d� ����t'�«J��T'�:�����°l�� outiuque; �owa, com !
a�. �� prised bf Lot 31 � `
� ���� " �;f��'3S�RIc�'IG2�1I�U?'��l�l"1����a� through ' Lot 36 of,� �
}�^ 0'NeilPs Addition in the.
�fi�� � ISlly p01T11TlIS5iC1fI�Xp.F�b.1,202Q City of Dubuque. i {
� � S Copies of supporting�:�
�"�'""`""�'"""�"�'�'"°�"�`"�'� documents for Ithe.;�
public heanng are--on
fil'e in the City.Cler�Cs.I
Office, City Hall,50`W
13th St: Dubuque, ,
1owa, antl may,:be"-, �
viewed during normal j
working hours.
� � � � � _ � � � Written co�nments'�
regarding; the above:
public hearing may;be''
submitted;to the°City;;
Clerk's bffice o:n or
before said time of'
publie hearing.At said
time and;place of.the '
<public hearing all i
intereste,d citizens and ,
`parties will be given.an ', �'
opportunity to be ' �
heard for; or against ,
said proposaL �
Any visual or hearing- '
impaired persons need- �
ing special assistance ' �
or personswith special ' �
accessibility needs �
should contactthe City
Clerk's Office at (5fi3)
589-4100 or TDD/TT'Y � �
(563) 690-6678 at least �
48 hours prior to the �
meeting. ��� � , �
Kevin S.Firnstahl, , �
CMC,City Clerk 2
lt 12/8
J �