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Annexation Request — Dubuque Metropolitan Area Solid Waste Agency (DMASWA) Copyrighted May 4, 2026 City of Dubuque ITEMS SET FOR PUBLIC HEARING # 5. City Council ITEM TITLE: Annexation Request— Dubuque Metropolitan Area Solid Waste Agency (DMASWA) SUMMARY: City Manager recommending City Council set a public hearing on June 1, 2026, for a request filed by the Dubuque Metropolitan Area Solid Waste Agency (applicant and owner) for six parcels totaling approximately 126.69 acres of property to be 100% voluntary annexed into the city. RESOLUTION Setting a Public Hearing on an Application for Voluntary Annexation of Territory to the City of Dubuque, I owa SUGGUESTED Receive and File; Adopt Resolution(s), Set Public Hearing for DISPOSITION: June 1, 2026 ATTACHMENTS: 1. MVM Memo Set for Public Hearing — DMASWA Voluntary Annexation Request 2. Staff Memo 3. Resolution Set Public Hearing 4. DMASWA Annexation Application 5. Exhibit A - Annexation Map 6. Exhibit B - Annexation Map including Dubuque Corporate Limits 7. Exhibit C - Annexation Legal 8. Notice of Hearing June 1 Voluntary Annexation -DMASWA Annexation Page 348 of 668 Dubuque THE CITY OF � uhA�eMa cin DuB E ; . � , I � � I. Maste iece on the Mississi t 2oo�•zoiz•zois �P Pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Set for Public Hearing — DMASWA Voluntary Annexation Request DATE: April 24, 2026 Planning Services Director Wally Wernimont is recommending City Council set a public hearing on June 1, 2026, for a request filed by the by the Dubuque Metropolitan Area Solid Waste Agency (applicant and owner) for six parcels totaling approximately 126.69 acres of property to be 100% voluntary annexed into the city. This annexation is: 1) Consistent with the City's Comprehensive Plan; and 2) the future growth and development of the City of Dubuque, lowa makes it desirable that the annexation territory be made part of the City of Dubuque, lowa; and 3) the City of Dubuque has the capacity to provide substantial municipal services to the annexation territory; and 4) the annexation is in the public interest. I concur with the recommendation and respectfully request Mayor and City Council approval. � Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Wally Wernimont, Planning Services Director Page 349 of 668 Dubuque THE CITY OF � All•Anenea Ciry DuB E ;�.� �,; I � � Im Maste iece on the Mississi i zoo�.zoiz.zoi3 rP pp zoi�*zoi9 TO: Michael C. Van Milligen, City Manager FROM: Wally Wernimont, Planning Services Director SUBJECT: Set for Public Hearing — DMASWA Voluntary Annexation Request DATE: April 23, 2026 INTRODUCTION This memorandum transmits a 100% voluntary annexation request for City Council approval after a public hearing. The request is being filed by the Dubuque Metropolitan Area Solid Waste Agency (applicant and owner) for six parcels totaling approximately 126.69 acres of property. The resolution, maps, and other supporting documentation are enclosed. DISCUSSION The City of Dubuque is working with the Dubuque Metropolitan Area Solid Waste Agency (applicant and property owner) to conduct this voluntary annexation of six parcels totaling approximately 126.69 acres of property. The property is owned by DMASWA, and the agency is seeking to facilitate the Sanitary Disposal Permit process with the lowa Department of Natural Resources in order to permit the remaining developable space at the existing site. The annexation territory is comprised of land in several zoning districts in Dubuque County: agricultural, conservancy, and residential. DMASWA initially initiated a rezoning in Dubuque County with the understanding that annexation into the city of Dubuque would be required at a later stage. However, pursuing rezoning at the county level first and then annexing into the city would likely result in duplicative efforts, including separate public hearings, application procedures, and associated fees under both county and city jurisdictions. The Board of Directors decided that seeking annexation into the city of Dubuque now and rezoning there would simplify the process and reduce costs and authorized DMASWA Administrator Ken Miller to initiate the rezoning and annexation. This annexation is: 1) Consistent with the City's Comprehensive Plan; and 2) the future growth and development of the City of Dubuque, lowa makes it desirable that the annexation territory be made part of the City of Dubuque, lowa; and 3) the City of Dubuque has the capacity to provide substantial municipal services to the annexation territory; and 4) the annexation is in the public interest. Page 350 of 668 RECOMMENDATION Staff recommends the City Council approve the resolution to set the public hearing on the voluntary annexation request for June 1, 2026. This date will provide adequate time to complete the notifications, certified mailings, and newspaper publication required by lowa Code. Enclosures F:\Users\Planning SecWnnexation\DMASWA 2026\Set Public Hearing Documents\01 Staff memo to MVM-City of Dubuque- Request Annexation Public Hearing-DMASWA.docx 2 Page 351 of 668 Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St,Telephone: 589-4210 Return to: Adrienne Breitfelder,City Clerk Address: City Hall,50 W. 13th St. Telephone:589-4121 RESOLUTION NO. 171-26 SETTING A PUBLIC HEARING ON AN APPLICATION FOR VOLUNTARY { ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City Council of Dubuque has received a written application from the II Dubuque Metropolitan Area Solid Waste Agency (applicant and property owner) for the f voluntary annexation of six parcels totaling 126.69 acres of property. The property is comprised of land in Dubuque County zoned agricultural, conservancy, and residential as shown on Exhibit A and legally described as: 1 . LOT 1 OF THE SE '/4 OF THE SE '/a OF SECTION 1, IN TOWNSHIP 88 NORTH, I RANGE 1 EAST OF THE 5TH P.M., IN DUBUQUE COUNTY, IOWA, ACCORDING TO THE GOVERNMENT SURVEY AND THE RECORDED PLAT OF SAID SUBDIVISION. 2. THE N '/z OF THE NE IA OF THE NE IA OF SECTION 12, IN TOWNSHIP 88 NORTH, RANGE 1 EAST OF THE 5TH P.M., IN DUBUQUE COUNTY, IOWA, ACCORDING TO THE GOVERNMENT SURVEY AND THE RECORDED PLAT OF SAID SUBDIVISION. 3. LOT TWO (2) LANDFILL SOUTH SUBDIVISION IN SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, SUBJECT TO HIGHWAY AND EASEMENTS OF RECORD. 4. LOT 1 AND LOT 2 OF THE SW '/a OF THE SW Ya OF SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, EXCEPT THAT PORTION TAKEN FOR HIGHWAY PURPOSES. 5. LOT TWO (2) OF THE SE '/a OF THE SW % OF SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M.,ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, EXCEPT THAT PORTION TAKEN FOR HIGHWAY PURPOSES. 6. LOT 2 OF THE SUBDIVISION OF THE E '/2 OF THE NW IA AND THE NW '/ OF THE NW '/a OF SECTION 7, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, EXCEPT THAT PORTION TAKEN FOR HIGHWAY PURPOSES. Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any railroad property; and Whereas, the annexation territory does include State owned property; and Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a resolution and required notification; and Whereas, the annexation territory is consistent with the City's Comprehensive Plan; and Whereas, the future growth and development of the City of Dubuque, Iowa makes it desirable that the annexation territory be made part of the City of Dubuque, Iowa; and Whereas, the City of Dubuque has the capacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: A public hearing will be held on the 1st day of June 2026, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed annexation, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than fourteen days prior to the date of such hearing. Passed, approved and adopted this 4th day of May 2026. rad Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 7'I IE CI7'Y C�F City of Dubuque Planning Services Department DT T� T Dubuque,IA 52001-4845 U � Phone: 563-589-4210 Fax: 563-589-4221 MCfStPI'�71ECf 011 f�IP!�/IISSIS51��71 planninq cityofdubuque.orq � " � • • Zonin4 Advisory Zoninu Board of Development Services Historic Preservation Commission Commission Adiustment � Annexation ❑ Demolition Review ❑ Amended PUD ❑ Conditional Use Permit ❑ Limited Setback Waiver ❑ Historic Revolving Loan ❑ Rezoning/PUD/ID ❑ Special Exception ❑ Site Plan Simple ❑ Certificate of Economic Non-Viability ❑ Text Amendment ❑ Variance ❑ Site Plan Minor ❑ Design Review Certificate of ❑ Simple Subdivision ❑ Appeal ❑ Site Plan Major Appropriateness ❑ Preliminary Plat ❑ Simple Subdivision ❑ Advisory Design Review (Public ❑ Major Final Plat ❑ Temporary Use Permit Projects) ❑ Minor Final Plat ❑ Port of Dubuque/ ❑ Historic Designation ❑ Waiver from Site Chaplain Schmitt Island Design Standards Design Review . , . ., . . . . - . . - . , -, . A. Property Information Site Location/Address:101 Airborne Road, Dubuque, IA 52003 Legal Description/Parcel ID#/Subdivision: 1401400005,1412226001,1506326003,1506351004,1506376002,1507101002 Existing Zoning: COUnty proposed Zoning: Clty H IC site Area (square feet/acres): 12G.GJ aCl"@S Historic District: _andmark: ❑ Yes ❑X No B. Describe proposal and reason for application (attach a letter of explanation, if necessary): To annex property into the city of Dubuque to facilitate the Sanitary Disposal Permit process with the lowa Department of Natural Resources in order to permit the remaining developable space at the existing site. C. Applicant/Agent Information Name: Kenneth Miller Phone: 563-589-4354 aaaress: 925 Kerper Ct �;ty: Dubuque state: �A z�p: Ema;i: kmiller@cityofdubuque.org D. Property Owner(s) Information Name�s�: Dubuque Metropolitan Area Solid Waste Agency Pnone: 563-557-8220 Adaress: 925 Kerper Ct �;ty: Dubuque state: IA Z;p: 52001 Ema;�: dmaswa@cityofdubuque.org E. Certification: I/we, the undersigned, do hereby certify/acknowledge that: 1. Payment does not guarantee approval and fees are nonrefundable; 2. All additional required written and graphic materials are attached; 3.It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants; and 4.The information submitt � ain is tr a c ect to the best of my/our knowledge and upon submittal becomes public record. �� Applicant/Agent: �� Date: Property OwnerGs)�: DMASWA - Signing on their behalf Date: � • • • Fee$NA Ck# ❑CC ❑Cash Received by Date Page 355 of 668 ��1 �/�� Dubuque E x h i b i t A ' , ' � � ' � �� // THE CITY OF pIl�Ame�riea City .., " � , � � ' �UB E 'I��I��' , _ ~.� �-� • 0 .� • ^ ` ' � J 2007•2012+2013 • _� r� � �� •.: , �_.r Masterpiece on the Mississippi 2017+2019 < . � - - � ' ' ��f �� ,,.`'� Annexation Map �.- , � � � � ,,. � ! � , � � 'g�� - � �: ,, � , • •' : •// � ��P�' c�yr - �� r-.•'�• � t��PR� �`G � � � � � ��j..1�� eUR�R� c� J ) ♦ n l. � — ' '— L ` ' ,"� �- _�� .� PENNSYLVANIAAVE �. - - _ ,� �' . ( -r - �_ _ DODGE ST 1�� ,��r!' �� I� - �' I /, A- �� r_ : S ^i �'� ' - ``�;r r �"�� ' % , �� :� ��= �.: ;• wAaTFR/q< 3 r. ' - � - - , , . �.��,,r �� - � . , ��, ,i , , ;.: � - - , . , , ,� ��a � �. . - r . ' N . . � � • r � � .��.. � � , , � T � y J �j� ��' + \ � 1 � •_ • �� `-i`� - a��,� •�' �; `�W�,,� �: _ ~��+. � I-' ` � � • • I � `� � I _ � � .. . .�.�, , , ,, !Y�► ' ! . f . � � . - _ -- -`_� „''` ' . . .� � �, , � ,�. � , � � �� City of Dubuque Limits 'i;'s .r• - � � ' «t„-��ww-. - � .' ., — ..� r� . .,� ; �...,._�___`� _ . - .• :- � � .. , ° �F ' '��+1► '�a►' " � � � � • � ' �� 20 `� DMASWA Annexation �,,,� u , 1y,�T'� _ -� . - , �.. I i ♦ �/, , • � 1� A �� ' � U I .:� � ' '�•' ,. ',''' � � � � � - ' . ; Owner: Dubuque Metropolitan ` _ x. .,. , � :- , .:• _ ��'y . � . , ,t!� . �;� ,A; �� • � � _ _ ,� �, � „ Areas Solid Waste � ,�� `�^:. .� .., j�' �� ► : a '��+ \'i� A ency , . +�% _ ��. ��,�%a 4, <<�,�. ��9:"�. 8 � - ,,� �,.\,�� .- 9 � .i"�`'' ' : � ,.� 1�—'�' ' .,i��,� =�;,� . �, �_W - � �,�� — -f _ t � • Acreage: 126.69 acres �` -` �I'" r.• � � yr r —' ► � ;i � ,. •` . _ .�w��r.t' � J � .�`��r �� . ♦ � � . 1 ; �'- � `� . ` •�/ /l,'�._��y A` • ��~ , _— a' � O ,�� ,f .y�l�', �+~��R^ • � . �� 0 375 750 1,500 N �" ��. �� =�- �� . � � � � � A _ :.: w . ` -.."- � ' �.� �� ,�' Feet ''',• �;� . J ,� �` � •. ,' � ,.-,� /i S, � • �.' l� .'��l�.�'� i, �,'�� ' � � 9r, � 1:10,000 Page 356 of 668 , ,_y � s,, • ' � , ��'- �,.�-� �` • v r � D�MASWA Annexation ;� � : � ��.� �'��,, � . __ ,, ,- �� --�� . .. `�� - �' .� � � � `�,,, � � f� ?�; —�:� 1 �,� 1 . . . � �. 1• t - �•,c� �..� r —� E x h i b i t B �►�!.! ' � �G' �!��a; � � ; /� / ' � '' `M' _r ^�� I. ,'...1�- .�� 1' �� _ � '�C " ` � 1 ��l � �S}C• � � ` �y�,�,�A� _��_ �� , ~ � ~ 1 •r r � ` � / � � j t• .,� . ��'�� ., � .: - .� �r�`� , \ \..,�`t- _r��; i : � � � �.. .�_'j= �� `�i �'' a �•�r . , � -.r :� '� 1 � I i �� j, " ( � I� •� �r � � �a�`�� f1� /� 1 � � � f�! I �It r ' �_�� .t —�� tl11��;�� ,, � �— ��5 ��7�� 1�� ' � � � �—�w^ � ♦ �. , �r{/�� r'y� � � R..� �. �_ � ll�s , ,,,�� ,-.`� !,!1��r ��_��; . I J � � i `� Y� .'��f�i�y ~ �)1'--��"G � . � `"�-�.rl� � � .Z�� .�,. I"" Y� �'�-_ � �`:i � i.s-t I ��.�.:I` � I�t. ��—__� � l`J�, ..� L/ i I � � :�� `� , ti r • + �� • ' �f � � � � ! ` I, �-�— � —�� . � �� `� I � ( � �� '-� � � �y J� (� ��._� • •� ._.p� , — . � �• i � � � � � � �� .� \ ` • , ��' , � � � �t �w 1 r � �� ( � '\ •� ' , - f � f �y� { � I �` ;. �� ` `� � r�-�_ �� r,L'� . ,"' _1' �_.r . 1�, �� ,� ^1_.,1� _ ; � k- � � �. �r � � • L - .� .. f - ,,' :. _.,. ' �� :'i�` ��Z'i`. `�'�, � '', y .� ; ■ �� R � � - � �=.� �.LZ fn � : . . - F � ,a � � , ^� ' '' DMASWA Annexation � � `•'� � ►' . � � .;-�s+ '.: ' '� • 1 �I —-r,� .>' � �I I � �': �__� Dubuque City Limits � � � � � �- �� !' `�� . , � ,�� , -- Q DMASWA Annexation , � . - � � �� ` -i � �; �� '. Y . • ` � V � � ✓� � � � " ��..� �i,�. . . �., � � '�. .� i � � ' � � ..>-='� ti ti' � � 'j A �� •�'• •�.' � = _ `- � � ' ► i` �� .'' " �\ t , � �. � N Miles -- r, �`.� .. - � ► � � � �+ �� '�� " 0 0.5 1 2 '� �- ;� �`' � ' S �rce: �sri��-�n Eart�h,`�a• �•eo�graphics,and the G„IS Us'e�r.Co;m• it��yr�D buque County G� _ � � �iY 1' .• ,-�' r �' .ti Y • ' r EXHIBIT C The legal description of the proposed annexation territory is: 1. LOT 1 OF THE SE '/4 OF THE SE '/4 OF SECTION 1, IN TOWNSHIP 88 NORTH, RANGE 1 EAST OF THE 5T" P.M., IN DUBUQUE COUNTY, IOWA, ACCORDING TO THE GOVERNMENT SURVEY AND THE RECORDED PLAT OF SAID SUBDIVISION. 2. THE N '/2 OF THE NE '/4 OF THE NE '/4 OF SECTION 12, IN TOWNSHIP 88 NORTH, RANGE 1 EAST OF THE 5T" P.M., IN DUBUQUE COUNTY, IOWA, ACCORDING TO THE GOVERNMENT SURVEY AND THE RECORDED PLAT OF SAID SUBDIVISION. 3. LOT TWO (2) LANDFILL SOUTH SUBDIVISION IN SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5T" P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, SUBJECT TO HIGHWAY AND EASEMENTS OF RECORD. 4. LOT 1 AND LOT 2 OF THE SW '/4 OF THE SW '/4 OF SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5T" P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, EXCEPT THAT PORTION TAKEN FOR HIGHWAY PURPOSES. 5. LOT TWO (2) OF THE SE '/4 OF THE SW '/4 OF SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5T" P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, EXCEPT THAT PORTION TAKEN FOR HIGHWAY PURPOSES. 6. LOT 2 OF THE SUBDIVISION OF THE E '/2 OF THE NW '/4 AND THE NW '/4 OF THE NW '/4 OF SECTION 7, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5T" P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, EXCEPT THAT PORTION TAKEN FOR HIGHWAY PURPOSES. Page 358 of 668 CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of Dubuque, lowa will hold a public hearing on a voluntary annexation request by: The Dubuque Metropolitan Area Solid Waste Agency (applicant and property owner) for the voluntary annexation of six parcels totaling 126.69 acres of property. The property is comprised of land in Dubuque County zoned agricultural, conservancy, and residential. The public hearing will be held: DATE: Monday, June 1, 2026 TIME: 6:30 p.m. PLACE: City Council Chambers, Historic Federal Building 350 W. 6th Street, Dubuque, lowa The legal description of the City of Dubuque proposed annexation territory is: 1. LOT 1 OF THE SE '/4 OF THE SE '/4 OF SECTION 1, IN TOWNSHIP 88 NORTH, RANGE 1 EAST OF THE 5T" P.M., IN DUBUQUE COUNTY, IOWA, ACCORDING TO THE GOVERNMENT SURVEY AND THE RECORDED PLAT OF SAID SUBDIVISION. 2. THE N '/2 OF THE NE '/4 OF THE NE '/4 OF SECTION 12, IN TOWNSHIP 88 NORTH, RANGE 1 EAST OF THE 5T" P.M., IN DUBUQUE COUNTY, IOWA, ACCORDING TO THE GOVERNMENT SURVEY AND THE RECORDED PLAT OF SAID SUBDIVISION. 3. LOT TWO (2) LANDFILL SOUTH SUBDIVISION IN SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5T" P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, SUBJECT TO HIGHWAY AND EASEMENTS OF RECORD. 4. LOT 1 AND LOT 2 OF THE SW '/4 OF THE SW '/4 OF SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5T" P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, EXCEPT THAT PORTION TAKEN FOR HIGHWAY PURPOSES. 5. LOT TWO (2) OF THE SE '/4 OF THE SW '/4 OF SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5T" P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, EXCEPT THAT PORTION TAKEN FOR HIGHWAY PURPOSES. Page 359 of 668 6. LOT 2 OF THE SUBDIVISION OF THE E '/2 OF THE NW '/4 AND THE NW '/4 OF THE NW '/4 OF SECTION 7, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5T" P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, EXCEPT THAT PORTION TAKEN FOR HIGHWAY PURPOSES. At the public hearing, all interested parties may present oral and written comments regarding the proposal. Copies of supporting documents for the public hearing are on file in the City Clerk's Office, 50 W. 13t" Street, Dubuque, and may be viewed during normal working hours. The official agenda will be posted the Friday before the meeting and will contain public input options. The City Council agenda can be accessed at https://dubuqueia.portal.civicclerk.com/ or by contacting the City Clerk's Office at 563- 589-4100, ctyclerk(c�cityofdubuque.orq. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said proposal. Any visual or hearing-impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589-4100 or TDD (563) 690-6678 at least 48 hours prior to the meeting. Page 360 of 668