3 15 10 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, MARCH 15, 2010
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
BUILDING
PRESENT': MAYOR BUO'L, COUNCIL MEMBERS B,AIG, CO ORS, JO ES, LYNC ,
RESNICC, VOE ERG
CITY MANAGER VAN MLt LIGEN; CITY ATTORNEY 4 LINDAHL
ABSENT:
Mayor Buol read the call and stated this is a regular session of the City Council to act upon
such business that may properly come before the City Council.
PLEDGE OF ALLEGIANCE
INVOCATION: Deacon Dave McGhee, Nativity Church
PROCLAMATIONS:
Dub ue Visiti g lyy0e, Association Centennial Week (March 28 — April 3, 2010)
Arts Education Month (March 2010)
The 200 Anniversary of Julien Dubuque's Death (March 24, 2010)
PRESENTATION:
American Eagle Airlines 2009 Station of the Year Award - �'
i/f
CONSENT ITEMS
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1. Minutes and Reports Submitted
Cable TV Teleprogramming Commission of 2/2; City Conference Board of 2/1; City
Council of 2/24, 3/1, 3/2 and 3/9; Environmental Stewardship Advisory Commission of
3/2; Zoning Advisory Commission of 3/3; Zoning Board of Adjustment of 2/25
Proofs of publication of City Council Proceedings of February 15, 16, and 24, 2010
Library Board of Trustees Update from the Meeting of February 25, 2010
Suggested Disposition: Receive and File
2. Notice of Claims /Suits
Rebecca Kruse for vehicle damage; Antoine Clemons vs. Brian Wullweber and the City
of Dubuque; Sheena Gillen for vehicle damage
Suggested Disposition: Receive and File; Refer to City Attorney
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Sheena Gillen
for vehicle damage; Everett Corley for vehicle damage; Rebecca Kruse for vehicle
damage
Suggested Disposition: Receive and File; Concur
2
Nays
3. 2008 Catch Basin Replacement Project
City Manager recommending acceptance of the 2008 Catch Basin Replacement Project
as completed by McDermott Excavating, Inc. in the final contract amount of $92,994.00.
RESOLUTION 72 Accepting the 2008 Catch Basin Replacement Project
and authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
4. Mediacom
Communication from Lee Grassley, Mediacom Senior Manager — Government
Relations, advising that on or about March 4, 2010 the Channels E!, HLN and Tru TV
will be added to the high definition Tine -up.
Suggested Disposition: Receive and File
5. Insurance Institute for Highway Safety
Special report from the Insurance Institute for Highway Safety on phoning while driving.
Suggested Disposition: Receive and File
6. National League of Cities
Article from Nation's Cities Weekly entitled "Cities Taking Action Against Distracted
Driving."
Suggested Disposition: Receive and File
3
Ayes
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Nays
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7. Dubuque County Board of Supervisors
Communication from the Dubuque County Board of Supervisors requesting a meeting
with City representatives and the County Board of Health to discuss the potential of a
partnership with the City of Dubuque for future health service needs.
Suggested Disposition: Receive and File; Refer to City Manager
8. Purchase of Property — 2315 Jackson Street
City Manager recommending approval of the acceptance of a Sheriffs Deed for a two -
story dwelling located at 2315 Jackson Street.
RESOLUTION 7 Approving the acceptance of a Sheriff's Deed for the
east one -half of Lot 24A in L.H. Langworthy's Addition to the City of Dubuque, County of
Dubuque, Iowa according to the recorded plat thereof, located at 2315 Jackson Street
Suggested Disposition: Receive and File; Adopt Resolution
9. PEG Capital Grant Expenditure Request
City Manager recommending approval of the Cable TV Tele- Programming Commission
recommendation for funding from the Public, Educational, and Government (PEG)
Capital Grant for Access Equipment and Facilities in the amount of $72,000 for Loras
College for the necessary equipment to operate shared educational Channel 17.
Suggested Disposition: Receive and File; Approve
10. Rural Business Enterprise Grant (RBEG)
Communication to Bill Menner, State Director — Rural Development for the U.S.
Department of Agriculture, in support of the Rural Business Enterprise Grant (RBEG)
application to develop an assessment map for biomass fuel within the Greater Dubuque
region and northeast Iowa.
Suggested Disposition: Receive and File
4
Ayes
Braig
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Nays
11. Council Appointments
Communication from the Iowa League of Cities requesting that City Council Member
Dirk Voetberg serve on the Legislative Policy Committee.
Communication from the National League of Cities advising that City Council Member
Dirk Voetberg has been appointed to the NLC 2010 Community and Economic
Development Policy and Advocacy Committee.
Communication from the National League of Cities advising that City Council Member
Kevin Lynch has been appointed to the NLC Information Technology and
Communications Policy and Advocacy Committee.
Suggested Disposition: Receive and File
12. City Development Board
Notification from Steven R. McCann, Administrator — City Development Board, that a
public hearing in the matter of the City of Asbury voluntary annexation including non -
consenting owners within the urban area of the City of Dubuque will be held on April 14,
2010.
Suggested Disposition: Receive and File
13. Dubuque County Board of Supervisors — FEMA
Communication from the Dubuque County Board of Supervisors in support of the City's
efforts of involvement with the property owner appeals process related to the recently
revised Federal Emergency Management Agency's preliminary flood plain maps.
Suggested Disposition: Receive and File
Ayes Nays
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14. Fiscal Year 2011 Wage Plan and Compensation Package for Non - Bargaining Unit
Employees
City Manager recommending approval of the Fiscal Year 2011 Wage Plan and
Compensation Package for non - bargaining unit employees.
RESOLUTION 77 Approving the Wage Plan and Compensation Package for
non - bargaining unit employees for Fiscal Year 2011
Suggested Disposition: Receive and File; Adopt Resolution
17. Amendment to Collective Bargaining Agreement — Teamsters Local No. 120
City Manager recommending approval of an amendment to the Collective Bargaining
Agreement with the Teamsters Union to provide for a work week that consists of ten
hours per day and four days per week for the Airport Maintenanceworkers and Airport
Mechanic.
Suggested Disposition: Receive and File; Approve
18. Tobacco Use Prevention and Control Community Partnership Grant
Letter of support for the Hillcrest Family Services / Dubuque County application for
funds through the Tobacco Use Prevention and Control Community Partnership Grant.
Suggested Disposition: Receive and File; Approve
19. Housing Commission
Communication from the Housing Commission regarding the minutes of the
Enforcement Subcommittee of the Safe Community Task Force meeting of January 20,
2010.
Suggested Disposition: Receive and File
6
Ayes
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Nays
20. Signed Contracts
-- Qwest contract related to the parking ramp at 975 Central Avenue
-- Agreement for Architectural and Project Plan Review for Energy Star Certification and
Utility Rebates with Eco Smart Building, PC for the new parking ramp
Suggested Disposition: Receive and File
21. Business License Refunds
Request of Bammers Sports Bar and Grill, LLC for a refund of Beer and Liquor License
#LC0037050 in the amount of $422.50.
Request of Donald W. Geiger, A & B Tap, for a refund of Beer and Liquor License
#LC0034101 in the amount of $633.75.
Suggested Disposition: Receive and File; Approve Refunds
22. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION Granting the issuance of one new cigarette license to
O'Clock Industries Incorporated
RESOLUTION Granting the issuance of a Class "C" Beer /Liquor License
to Bunker Hill Golf Course, Salsa's Mexican Restaurant, P.J. Tap, Neighbor's, and
Rosewood Diner/ Supper Club
Suggested Disposition: Receive and File; Adopt Resolutions
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Ayes Nays
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ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Fiscal Year 2011 — 2015 Consolidated Plan and Analysis of Impediments to Fair
Housing
City Manager recommending that a public hearing be set for April 19, 2010 to consider
approval of the Fiscal Year 2011 — 2015 Consolidated Plan and Analysis of
Impediments to Fair Housing.
RESOLUTION ,74? Setting a public hearing on the Fiscal Year 2011 — 2015
Consolidated Plan for Housing and Community Development
RESOLUTION c. Setting a public hearing on the Analysis of Impediments
to Fair Housing
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
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Nays
BOARDS /COMMISSIONS
Applicants are invited to address the City Council regarding their desire to serve on the
following Boards /Commissions; applicant appointments will be made at the next City
Council meeting.
Community Development Advisory Commission
One 3 -year term through February 15, 2013 (At -Large Term of Gukeisen)
Applicant:
Peter Koshakji, 1076 1 /2 University Avenue
Appointments to the following Boards /Commissions:
Civil Service Commission Mayor Appointment
One 4 -year term through April 6, 2014 (Term of Schilling)
Applicants:
Tpm Rawson, 2310 Knob Hill Drive
Am Schilling, 3283 Bittersweet Lane
Ayes Nays
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Mechanical Board
Two 3 -year terms through March 16, 2013 (Terms of Kelly, Papin and Bandy)
Applicants:
Michael Kelly, 2875 Timber Line Drive
Paul Papin, 2955 Jackson Street
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Zoning Board of Adjustment
One 5 -year term through March 25, 2015 (Term of Ruden)
Applicant:
Ryan Anglese, 2752 Carlton Avenue
Michael Ruden, 3256 Arrowwood Lane , /,/, ///
Ayes Nays
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PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items.
Please come to the podium and state your name and address when the item you wish to
speak to is being considered.
University of Dubuque — Request to Amend ID Institutional District
Proof of publication on notice of public hearing to consider a request from the University
of Dubuque to amend the University of Dubuque ID Institutional District to allow for an
expanded parking lot near the corner of Finley and West Streets (2320 / 2350 West
Street and 1211 Finley Street) and Zoning Advisory Commission recommending
approval.
ORDINANCE
SUSPEND THE RULES
✓ /I
Aves
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Nays
Amending Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by providing for the approval of an amended
campus development plan to allow construction of an expanded parking lot for the
University of Dubuque ID Institutional District near the corner of Finley and West Streets
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Ayes n Nays
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Final Reading and Adopt
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A Nayes
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2. Bethany Home — Request to Rezone
Proof of publication on notice of public hearing to consider a request from Glinda
Manternach, Bethany Home, to rezone property located at 921 / 925 Lincoln Avenue
from R -2A Alternate Two - Family Residential District to R -3 Moderate Density Multi -
Family Residential District and Zoning Advisory Commission recommending approval.
ORDINANCE / Amending Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by reclassifying hereinafter described property
located at 921 / 925 Lincoln Avenue from R -2A Alternate Two - Family Residential
District to R -3 Moderate Density Multi- Family Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Ayes/ Braig
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Voe rg
Nays
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Final Reading and Adopt
Ay,es
Braig
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ones
Lynch
Resnick
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Nayes
3. Dubuque Property Investments, LLC — Request to Rezone
Proof of publication on notice of public hearing to consider a request from Greg Prehm /
Dubuque Property Investments, LLC, to rezone property located at 2639 University
Avenue (Lots 46 through 50 of the Lenox Addition along Beverly Avenue) from R -1
Single - Family Residential District to R -2 Two - Family Residential District and Zoning
Advisory Commission recommending denial.
Suggested Disposition: Receive and File; C • ncur with Denial or Motion B; Motion
A (Super Majority Vote Necessary)
ORDINANCE Amending Title 16 of the City of Dubuque Code of
Ordinances, Unified evelopment Code, by reclassifying hereinafter described property
located at 2639 University from R -1 Single - Family Residential District to R -2 Two -
Family Residential District
Suspend the Reading /?
Ayes Naye
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Buol
/)Connors
Jones
/ Lynch
/ Resnick
Vo erg
Final Reading and Adopt
Ayes
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Connors
Jones
Lynch
Resnick
Voetberg
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Nayes
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4. Request to Rezone — Historic Millwork District
Proof of publication on notice of public hearing to consider a request from the City of
Dubuque to rezone property located south of 12 Street, east of White Street and west
of Highway 61/151 from C -4 Downtown Commercial and HI Heavy Industrial District to
PUD Planned Unit Development District with a PC Planned Commercial designation for
the Historic Millwork District PUD and Zoning Advisory Commission recommending
approval.
ORDINANCE Amending Title 16, of the City Of Dubuque Code Of
Ordinances, Unified Development Code, by reclassifying hereinafter described property
located south of 12 Street, east of White Street and west of Highway 61/151 from C -4
Downtown Commercial and HI Heavy Industrial District To PUD Planned Unit
Development District with a PC Planned Commercial designation for the Historic
Millwork District PUD
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Ayes/
Braig
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Nays
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Final Reading and Adopt
Nayes
5. Vacating Petition — Seippel Road
Proof of publication on notice of public hearing to consider a request from Toby Kress,
representing Kress Industrial Facility, LLC, to vacate and release excess right -of -way
easement along Seippel Road and City Manager recommending approval.
RESOLUTION
7 �
Disposing of interest and vacate an excess easement
for public roadway over Lot 1 of Seippel Road Commercial Park Plat 3 in the City of
Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Aye
y( s)
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Voetf3.erg
6. Sale of Property — 1699 Washington Street
Proof of publication on notice of public hearing to consider the sale of real estate
located at 1699 Washington Street to Christina Krier as part of the Neighborhood
Stabilization Program and City Manager recommending approval.
RESOLUTION g5 Disposing of City -owned property, specifically, Lot
Two of Lot Eighty -Six in East Dubuque Addition in the City of Dubuque, County of
Dubuque, Iowa, according to the recorded plat thereof located at 1699 Washington
Street
Suggested Disposition: Receive and File; Adopt Resolution
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REINSTATE THE RULES
This action limits discussion to the City Council.
ACTION ITEMS
These are items where discussion is held by the City Council — public comments are not
allowed except as authorized by the Mayor.
1. Request to Address the City Council
Request of Sandy Amberg to address the City Council to present a petition asking that
fluoride be removed from Dubuque's water.
Request of Shane Duncan to address the City Council regarding the dangers of fluoride.
Suggested Disposition: Receive and File; Council
Ayes
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/ Buol
✓ Connors
Jones
Lynch
Resnick
Voetb ni
Braig
Buol
/ , t Connors
! VV Jone
Lynch'
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/ Voelketg
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Nays
2. Sunset Ridge
Communication from Tim McNamara, 700 Sunset Ridge, submitting a petition regarding
the reconstruction of Sunset Ridge and requesting to be heard by the City Council.
Suggested Disposition: Receive and File; Refer to City Manager
3. Downtown Rehabilitation Loan and Facade Grant
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Nays
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City Manager recommending approval of a letter of commitment for a Downtown
Rehabilitation Loan for $300,000, a Facade Grant of $10,000, Design Grant of $10,000,
and a Financial Consultant Grant of $15,000 for Helicon Management, LLC to support
their rehabilitation of property located at 756 Main Street (formerly Walker's Shoe
Store).
RESOLUTION Authorizing a Letter of Commitment and additional
actions concerning a Downtown Rehabilitation Loan and Facade Grant for property
located at 756 Main Street
Suggested Disposition: Receive and File; Adopt Resolution
yes Nays
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07)
4. I -JOBS Grant Award
Press release from the Office of the Governor announcing that the City of Dubuque will
receive a $240,000 I -JOBS award to acquire and rehabilitate six historic row -house
apartments as part of the Washington Neighborhood Revitalization Plan.
Suggested Disposition: Receive and File
Ay s Nays
Braig
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Connors
Jones
Lynch
Resnick
Voe - - rg
5. State of Iowa Direct Financial Assistance Application
City Manager recommending approval of the submission of a Direct Financial
Assistance program application to the Iowa Department of Economic Development in
the amount of $50,000 on behalf of Peninsula Gaming, LLC.
RESOLUTION P7 Authorizing the filing of a Financial Assistance
Application to the Iowa Department of Economic Development on behalf of Peninsula
Gaming, LLC
Suggested Disposition: Receive and File; Adopt Resolution
/ j)
Ayes Nays
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6. Utility Relocation Project — 9 to 10 Streets
City Manager recommending award of the contract for the Utility Relocation Project — 9
to 10 Streets to Top Grade Excavating, Inc., in the amount of $710,860.87.
RESOLUTION Ye Awarding the public improvement contract for the
Utility Relocation Project — 9 to 10 Streets: Sanitary Sewer, 20 -inch Transmission
Watermain, and Fiber Optic Conduit
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
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7. Demolition and Moving Permits
City Manager recommending approval of amendments to the City of Dubuque Code of
Ordinances relating to demolition and moving permits.
ORDINANCE Amending the City of Dubuque Code of Ordinances Title 14 Building and
Development, Chapter 2 Building Construction, Demolition and Moving, Section 14 -2 -1:
Permit Required; Section 14 -2 -2: Application for Permit; Section 14 -2 -3: Permit
Issuance; Generally; Section 14 -2 -4: Moratorium for Construction or Other Work on
Certain Streets, Areas or Facilities; Section 14 -2 -5: Fees; Section 14 -2 -6: Special
Provisions; Section 14 -2 -7: Insurance Requirements; Section 14 -2 -8 Special
Requirements; and deleting Section 14 -2 -8: Enforcement
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Final Reading and Adopt
Ayes Nays
Braig ✓/ raig
Buol ✓ Buol
Connors // Connors
Jones / /'Jones
Lynch Lynch
Resnick Resnick
Voe)efg Voe9g
19
Nayes
8. Dubuque Ice and Recreation, Inc.
City Manager recommending approval of an additional contribution to Dubuque Ice
Arena construction costs.
Suggested Disposition: Receive and File; Approve
Ayes
Braig
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Connors
Jones
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Resnick
yostberg
9. Request for Work Session
City Manager requesting City Council direction regarding a work session on the
proposed plans for the Dubuque Regional Airport's passenger terminal.
Suggested Disposition: Receive and File; Council Direction
20
Braig
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Jones
Lynch
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Nays
Nays
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10. State of the City Address
Press release regarding the State of the City Address scheduled for Monday, March 22,
2010 at 7:00 p.m in the Council Chambers at the Historic Federal Building.
Suggested Disposition: Receive and File
Motion to adjourn at
COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concern to that person and which are not an agenda item. Please take your place at the
microphone and state your name and address clearly. Proceed with your comments; however,
no formal action may be taken at this time on your comments because of the notice
requirements of the Iowa Open Meetings Law.
CLOSED SESSION
Pending Litigation and Property Acquisition — Chapter 21.5(1)(c)(j) Code of Iowa
Motion to go into Closed Session at
Aye
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Braig
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Nays
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`RECEIVED
CITY OF DUBUQUE, IOWA
PUBLIC NOTICE OF MEETING 10 MAR 12 AM 9: 09
City Clerk's Uttice
Government Body: City Council Dubuque, IA
Date: Monday, March 15, 2010
Time: 6:30 PM Regular Session
Place of Meeting: Historic Federal Building, 350 W. 6 th Street
NOTICE IS HEREBY GIVEN that the above identified governmental body will meet
at the time, date and place as set forth above.
The TENTATIVE AGENDA for the meeting is as follows:
SEE ATTACHED AGENDA
This notice is given pursuant to Chapter 21, Code of Iowa, and applicable local
regulations of the City of Dubuque, Iowa and /or governmental body holding the
meeting.
eanne F. Schneider, CMC, City Clerk
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 -4120 OR TTY (563) 690 -6678
AT LEAST 48 HOURS PRIOR TO THE MEETING
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