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6 15 09 City Council Agenda with Icons ROLL CALL ORDER FOR MEETING OF 6/15/09 RESNICK VOETBERG BRAIG BUOL CONNORS JONES LYNCH CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. HISTORIC FEDERAL BUILDING MONDAY, JUNE 15, 2009 PLEDGE OF ALLEGIANCE INVOCATION Deacon David McGhee, Church of the Nativity PROCLAMATIONS Colts Drum and Bugle Corps (June 30 and July 31, 2009) Monarch Moments Month (July, 2009) Colts Drum and Bugle Monarch Moments CorpsMonth CONSENT ITEMS The consent agenda items are considered to be routine and non-controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. 1. Minutes and Reports Submitted Cable TV Teleprogramming Commission of 5/5; City Council of 6/1 and 6/8; Civil Service Commission of 5/14 and 5/15; Community Development Advisory Commission of 4/22; Environmental Stewardship Advisory Commission of 5/5; Historic Preservation Commission of 5/21; Housing Commission Trust Fund Committee of 9/29/08; Human Rights Commission of 3/9 and 4/30; Park and Recreation Commission of 5/12; Zoning Advisory Commission of 6/3; Zoning Board of Adjustment of 5/28 Proofs of publication of City Council Proceedings of May 18 and May 27, 2009 and List of Claims and Summary of Revenues for Month Ended April 30, 2009 Suggested Disposition: Receive and File Cable TVCity CouncilCity Council of 6/8Civil Service of 5/14Civil Service of 5/15 Comm Dev Adv Env Stewardship HPCHsg Trust FdHuman Rights - 3/9Human Rights - 4/30 CommAdvisory Comm Park and RecZoning AdvisoryZoning Bd of Adj 2. Notice of Claims/Suits The Durrant Group / Gary Bechtel for vehicle damage; James J. Butcher for vehicle damage; Sue Craven 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: Richard Rokusek for property damage; Allied Property and Casualty Insurance for vehicle damage; The Durrant Group / Gary Bechtel for vehicle damage; John Butcher for vehicle damage Suggested Disposition: Receive and File; Concur Claims - ICAP 2 th 3. Green Alley Pilot Project – Alley between Jackson and White Streets from 11 to th 13 Streets City Manager recommending award of the contract for the Green Alley Pilot Project – thth Alley between Jackson and White Streets from 11 to 13 Streets to Portzen Construction, Inc. in the amount of $215,274.25. RESOLUTION Awarding public improvement contract for the Green Alley Pilot Project thth (11 – 13 between White and Jackson Streets) Suggested Disposition: Receive and File; Adopt Resolution Green Alley - MVM Green Alley - Staff Green Alley - Green Alley - Bid Tab MemoMemoResolution 4. Trolley Line Trail – Eagle Point Park Project City Manager recommending award of the contract for the Trolley Line Trail – Eagle Point Park Project to Portzen Construction, Inc. in the amount of $202,216.00. RESOLUTION Awarding public improvement contract for the Eagle Point Trolley Line Trail Project Suggested Disposition: Receive and File; Adopt Resolution Trolley Line - MVM Trolley Line - Staff Trolley Line - Trolley Line - Bid Tab MemoMemoResolution 5. North Fork Catfish Creek Sanitary Sewer Project – Phase I City Manager recommending award of the contract for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase I to Anstoetter Construction Co. in the amount of $781,801.00. RESOLUTION Awarding public improvement contract for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase I Suggested Disposition: Receive and File; Adopt Resolution Phase I - Staff MemoPhase I - ResolutionPhase I - Bid Tab 3 6. Roosevelt Park Master Plan Consultant Selection City Manager recommending approval of the selection of Confluence as the consultant to develop the Roosevelt Park Master Plan. Suggested Disposition: Receive and File; Approve Roosevelt - MVM Roosevelt - Staff MemoMemo 7. Quince Street Underground Utility Reconstruction Project City Manager recommending acceptance of the Quince Street Underground Utility Reconstruction project as completed by Top Grade Excavating, Inc. of Dubuque, Iowa, in the final contract amount of $102,573.17 and establishment of the Final Schedule of Assessments RESOLUTION Accepting the Quince Street Underground Utility Reconstruction Project and authorizing payment to the contractor RESOLUTION Adopting the final assessment schedule for the Quince Street Underground Utility Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolution Quince St - Final Quince St - MVM Quince St - Staff Quince St - Final Assessment Payment Form MemoMemoResolutionsSchedule 8. Historic Preservation Commission Advisory Design Review – Library Entry Plaza Historic Preservation Commission recommending approval of the Library Entry Plaza as presented with broom finished colored concrete paving compatible with the colors of the approved Library sidewalk pattern. Suggested Disposition: Receive and File; Approve Library - HPC LtrLibrary - Staff Library - Site Library - PhotosLibrary - Sidewalk Library - Application ReportDrawingsPattern 9. 2009 Justice Assistance Grant (JAG) Application City Manager recommending approval of the 2009 Justice Assistance Grant (JAG) application. Suggested Disposition: Receive and File; Approve 4 GMS Grant & Budget JAG - Staff Memo Outline 10. Iowa Power Fund Application for Smart Water Meter Replacement Program City Manager recommending approval of the submittal of a $2,000,000 Iowa Power Fund grant application to implement the Smart Water Meter Replacement Program. Suggested Disposition: Receive and File; Approve Water Meters - MVM Water Meters - Staff Iowa Power Fd MemoMemoApplication 11. Fiscal Year 2010 Arts and Culture Funding Program Arts and Culture Affairs Advisory Commission recommending approval of twelve Fiscal Year 2010 Arts and Culture Operating Support funding requests and authorization for the City Manager to sign the funding agreements. Suggested Disposition: Receive and File; Approve Funding Awards - Operating Support ACAAC LtrWorksheet 12. Fiscal Year 2010 Special Projects Arts and Culture Grants Arts and Cultural Affairs Advisory Commission recommending approval of the Fiscal Year 2010 Arts and Culture Grants for Special Projects and authorization for the City Manager to sign the grant agreements. Suggested Disposition: Receive and File; Approve Grants - ACAAC Ltr 13. Eide Bailly Audit Agreement City Manager advising that the Eide Bailly Audit Engagement Letter has been signed for the Fiscal Year ending June 30, 2009. Suggested Disposition: Receive and File Audit - MVM MemoAudit - Staff MemoAudit Agreement 5 14. 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 for up to $40,000 for the necessary equipment to offer a free high school video production program at the Dubuque Art Center. Suggested Disposition: Receive and File; Approve PEG - MVM MemoPEG - Staff MemoDubuque Art Ctr Application 15. Bank Transfers – Dubuque Metropolitan Area Solid Waste Agency City Manager recommending approval for certain Finance Department employees to obtain information and make transfers between City of Dubuque / Dubuque Metropolitan Area Solid Waste Agency bank accounts. RESOLUTION Authorizing certain City of Dubuque Finance Department employees to obtain bank account information and make transfers between City of Dubuque bank accounts within a banking institution Suggested Disposition: Receive and File; Adopt Resolution Transfers - MVM Transfers - Staff Transfers - MemoMemoResolution 16. Water Meter Change-Out Project Consultant City Manager recommending approval of the selection of HDR Engineering as the City’s consultant for the construction and procurement of the Water Meter Change-Out Project. Suggested Disposition: Receive and File; Approve Change-Out - MVM Change-Out - Staff HDR Consulting MemoMemoProposal 17. Dubuque Humane Society Communication from Jane McCall, Dubuque Humane Society, withdrawing their dog park proposal. Suggested Disposition: Receive and File 6 Humane Society Ltr 18. Keyline Transit Bus Procurement City Manager recommending approval to proceed with the procurement of two heavy duty buses and one light duty bus with economic stimulus funding. Suggested Disposition: Receive and File; Approve Keyline - MVM MemoKeyline - Staff Memo 19. Port of Dubuque Adams Development, LLC – Durrant Project City Manager recommending approval of the Partial Assignment of Development Agreement and Collateral Assignment of Development Agreement for the Port of Dubuque Adams Development, LLC – Durrant Project to Stonekey Properties, LLC. Suggested Disposition: Receive and File; Approve Durrant - MVM Memo Durrant - BAL MemoDurrant - Drake LtrDurrant - Parker LtrPartial Assignment of Collateral DAAssignment 20. Roshek Building / IBM Redevelopment Project City Manager recommending approval of a revised Notice and Consent Agreement by and among the City, Dubuque Bank and Trust, Dubuque Initiatives and Roshek Building Investment Fund, LLC, an entity that is being created as part of the tax credit transactions involving the Roshek Building / IBM Redevelopment Project. RESOLUTION Approving and authorizing execution of a revised Form of Notice and Consent Agreement by and among the City of Dubuque, Iowa, Dubuque Bank & Trust Company, Dubuque Initiatives, and Roshek Building Investment Fund, LLC Suggested Disposition: Receive and File; Adopt Resolution Roshek Bldg - MVM Roshek Bldg - BAL Roshek Bldg - Revised Notice Memo MemoResolutionConsent Agr 7 21. Liquor License Transfer Request of the American Legion Post #6 to transfer their liquor license to Nativity Church on July 2, 2009. Suggested Disposition: Receive and File; Approve 22. Liquor / Tobacco License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of twenty-eight renewal licenses to sell cigarettes and cigarette papers RESOLUTION Granting the issuance of a Class “B” Beer Permit to the Colts Community Center and a Class “C” Beer Permit to Walgreens #6154, Walgreens #9708 and Walgreens #11942 RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Los Aztecas III Mexican Restaurant, Creslanes Bowling, Dubuque Bowling Lanes, American Legion #6 and Applebee’s Grill and Bar; and a Special Class “C” Liquor License to the Rotary Club Suggested Disposition: Receive and File; Adopt Resolutions Renewals - MVM Resolution #1Resolution #2Resolution #3 Renewals - Staff Memo Memo ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project, Phase II City Manager recommending initiation of the public bidding process for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project and that a public hearing be set for July 6, 2009. RESOLUTION Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 7/6/09 8 Pennsylvania - MVM Pennsylvania - Staff Pennsylvania - MemoMemoResolutions BOARDS/COMMISSIONS Appointments to the following Boards/Commissions: Arts and Cultural Affairs Advisory Commission Three 3-year terms through June 30, 2012 (Terms of Henkels, Steffen, Shafer) (1 at-large, 2 business/professionals of which one must live or work within the Cultural and Entertainment District) Applicants: rd Ellen Henkels, 890 W. 3 Street (qualifies for at-large or business professional) Molly McDonough, 1787 Lawndale Street (qualifies for at-large or business professional) Geri Shafer, 1207 Adeline Street (qualifies for at-large or business professional) Julie Steffen, 2260 Coates Street (qualifies for at-large or business professional within district) Peggy Stover, 1145 Locust Street (qualifies for at-large or business professional within district) Also applying for Historic Preservation Commission Building Code Appeals Board Three 3-year terms: 1 at-large through August 1, 2011, term of Jahns; 2 newly formed ADA Representatives with terms determined by appointment date Applicants: Ryan Anglese, 2752 Carlton Also applying for Housing Code Appeals Board and Zoning Advisory Commission Marla Cruise, 905 Rockdale Road (ADA representative) Civic Center Commission Two 3-year terms through June 29, 2012 (Terms of Fuller and Parks) Applicants: Cynthia Fuller, 960 Prince Phillip Drive Bryce Parks, 2005 N. Main Street Historic Preservation Commission Four 3-year terms through July 1, 2012 (3 at-large, 1 Cathedral Historic District resident or interim; Terms of Bichell, Lundh, Olson, Knight/) current interim Applicants: Christen Happ Olson, 1090 Grove Terrace (qualifies for at-large or interim) Shayne Henry, 160 Devon Drive (qualifies for at-large or interim) Also applying for Park and Recreation Advisory Commission Michael Knight, 942 Mt. Pleasant Street (qualifies for at-large or interim) th Mary Loney Bichell, 595 W. 11 Street (qualifies for at-large or interim) Peggy Stover, 1145 Locust Street (qualifies for at-large or interim) Also applying for Arts and Cultural Affairs Advisory Commission 9 Housing Code Appeals Board One 3-year term through January 1, 2011 (Term of Moore) Applicant: Ryan Anglese, 2752 Carlton Avenue Also applying for Building Code Appeals Board and Zoning Advisory Commission Investment Oversight Advisory Commission Two 3-year terms through July 1, 2012 (Terms of Lassance and Melendez) Applicants: rd Brad Chalmers, 1095 W. 3 Street Paul Lassance, 4846 Embassy Court Hiram Melendez, 1920 Shelby Street Long Range Planning Advisory Commission Two 3-year terms through July 1, 2012 (Terms of Darter and Stein) Applicants: Chad Darter, 2544 Matthew John Drive Lou Oswald, 180 Nowata Street Park and Recreation Advisory Commission One 3-year term through June 30, 2012 (Term of Duggan) Applicants: Robert Blocker, 880 Kane Street Charles Duggan, 2317 Beacon Hill Drive Shayne Henry, 160 Devon Drive Also applying for Historic Preservation Commission David Schlueter, 3645 Crescent Ridge TV Cable Regulatory Commission One 3-year term through June 30, 2012 (Term of Ellis) Applicant: Charlie Ellis, 373 S. Grandview Avenue TV Cable Community Teleprogramming Commission Three 3-year terms through June 30, 2012 (Terms of Tigges, Vincent, and McDonough) Applicants: Jennifer Tigges, 4927 Wild Flower Drive Alan Vincent, 1010 Dunham Drive Zoning Advisory Commission Two 3-year terms through July 1, 2012 (Terms of Miller and Hardie) Applicants: Ryan Anglese, 2752 Carlton Avenue Also applying for Building Code Appeals Board and Housing Code Appeals Board Stephen Hardie, 62 Fremont Avenue Charles Miller, 7010 Asbury Road Ferd Nesler, 4125 Mt. Alpine Street 10 Bd and Comm ListOverview SheetArts ApplicationsBuilding Code Civic Center HPC Applications ApplicationsApplications Housing Code IOAC ApplicationsLong Range Planning Park and Rec Cable Regulatory Teleprogramming ApplicationsApplicationsApplicationsApplicationsApplications Zoning Applications 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. SUSPEND THE RULES 1. Request to Rezone – University Avenue between Ethel and Prysi Streets Proof of publication on notice of public hearing to consider a request from Tom Kluck to rezone property located north of the University Avenue and Ethel Street intersection from OR Office Residential District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a conceptual development plan and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located north of the University Avenue and Ethel Street intersection from OR Office Residential District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a conceptual development plan Suggested Disposition: Receive and File; Motion B; Motion A University - ZAC LtrUniversity - University - Vicinity University - Site PlanUniversity - Aerial University - Citizen ApplicationMapPhotosLtr University - Staff University - Suggested Motion ReportOrdinance 11 2. Request to Rezone – Key Way Drive Proof of publication on notice of public hearing to consider a request from Steve Boge / Clark and Linda Wolff to rezone property located east of Keyway Drive from C-3 General Commercial District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a conceptual development plan and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located east of Keyway Drive from C-3 General Commercial District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a conceptual development plan Suggested Disposition: Receive and File; Motion B; Motion A Key Way - ZAC LtrKey Way - Key Way - Vicinity Key Way - Bldg PlansKey Way - Elevations ApplicationMap Key Way - Staff Key Way - Aerial Key Way - OrdinanceSuggested Motion ReportPhoto 3. Text Amendment – Dubuque Initiatives Proof of publication on notice of public hearing to consider a request from Jeff Morton / Dubuque Initiatives to amend Section 4-3.11 Sign Regulations to place a freestanding th sign along the 7 Street frontage in a C-5 Central Business District and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Section 4-3.11 Schedule of Sign Regulations for the C-5 Central Business District and adopting Section 4-3.11 Schedule of Sign Regulations for the C-5 Central Business District in lieu thereof, pertaining to the addition of th freestanding identification signs along 7 Street from Locust Street to the alley Suggested Disposition: Receive and File; Motion B; Motion A Amendment - ZAC Amendment - Amendment - Amendment - Staff Amendment - Sign Regulations LtrApplicationConcept PlanMemoOrdinance Suggested Motion 12 4. Urban Renewal Tax Increment Revenue Notes – 40 Main, LLC Proof of publication on notice of public hearing to consider the issuance of not to exceed $700,000 in Urban Renewal Tax Increment Revenue Notes to support a mixed use redevelopment of the building at 40 Main Street by 40 Main, LLC and City Manager recommending approval. RESOLUTION Instituting proceedings to take additional action for the issuance of not to exceed $700,000 Urban Renewal Tax Increment Revenue Notes Suggested Disposition: Receive and File; Adopt Resolution 40 Main - MVM Memo40 Main - Staff Memo40 Main - Resolution Material from June 1, 2009 City Council Meeting 40 Main - Staff Memo40 Main - Resolution 40 Main - MVM Memo 5. North Fork Catfish Creek Sanitary Sewer Project – Phase II Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase II and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the North Fork Catfish Creek Sanitary Sewer Project – Phase II Suggested Disposition: Receive and File; Adopt Resolution Phase II - MVM Phase II - Staff Phase II - Resolution MemoMemo Material from June 1, 2009 City Council Meeting NF Phase II - MVM NF Phase II - Staff NF Phase II - MemoMemoResolution 13 6. Dubuque Industrial Center West – North Siegert Farm Phase III Project Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the Dubuque Industrial Center West – North Siegert Farm Phase III Project and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the Dubuque Industrial Center West – North Siegert Farm Phase III Project Suggested Disposition: Receive and File; Adopt Resolution DICW - MVM MemoDICW - Staff MemoDICW - Resolution Material from June 1, 2009 City Council Meeting DICW - MVM MemoDICW - Staff MemoDICW - Resolution 7. National Mississippi River Museum and Aquarium River Center Project – Phase II Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the National Mississippi River Museum and Aquarium River Center Project – Phase II and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the National Mississippi River Museum and Aquarium River Center Project – Phase II Suggested Disposition: Receive and File; Adopt Resolution Museum - MVM MemoMuseum - Staff Museum - Resolution Memo Material from June 1, 2009 City Council Meeting Museum - MVM MemoMuseum - Staff Museum - Resolution Memo REINSTATE THE RULES This action limits discussion to the City Council. 14 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. Dubuque Main Street, Ltd. Dan LoBianco, Director of Dubuque Main Street, Ltd., to provide quarterly report on the activities of Dubuque Main Street, Ltd. Suggested Disposition: Receive and File 2. Urban Development Action Grant (UDAG) Loan Agreement – Genuine Genius Solutions (Tabled at meeting of June 1, 2009) City Manager recommending approval to amend the $40,000 Urban Development Action Grant (UDAG) Loan Agreement with Genuine Genius Solutions, LLC to allow a one year extension of the repayment of the loan. Suggested Disposition: Remove from Table; Receive and File; Approve UDAG - MVM MemoUDAG - Staff MemoGenuine Genius Ltr 3. Downtown Design Guidelines City Manager recommending approval of an incentive-based implementation strategy for the Downtown Design Guidelines similar to the current review process for private and public improvements in the Greater Downtown Urban Renewal District and adoption of the Downtown Design Guidelines. Suggested Disposition: Receive and File; Approve Guidelines - MVM Guidelines - Staff Guidelines - Area Sign-In - 2/5/09 MtgSign-In - 5/12/09 Guidelines - Mailing MemoMemoMapMtgList 4. Port of Dubuque Public Parking Facility Agreement City Manager recommending approval of the Port of the Dubuque Public Parking Facility Private Parking Agreement between the City of Dubuque and Diamond Jo, LLC. Suggested Disposition: Receive and File; Approve Agreement - MVM Agreement - BAL Public Parking MemoMemoAgreement 15 5. Parking Ramp Architect / Engineer Contract Award th City Manager recommending award of the design contract for the parking ramp at 5 th and Bluff and the parking ramp at 10 and Central to Desman Associates in the amount of $950,000. RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolution Parking Ramp - MVM Parking Ramp - Staff Parking Ramp - MemoMemoResolution 6. Chapter 44 – Code of Ordinances Amendment City Manager recommending approval of amendments to the Code of Ordinances related to the water meter change out program. ORDINANCE Amending the City Code of Ordinances Chapter 44 Utilities, Article III Water, Division 2 Connections, Section 44-164 Interference with Shutoff ORDINANCE Amending the City Code of Ordinances Chapter 44 Utilities, Article III Water, Division 3 Meters, Section 44-183 Location, Method of Installation ORDINANCE Amending the City Code of Ordinances Chapter 44 Utilities, Article III Water, Division 3, Meters, Section 44-184 Remote Readers ORDINANCE Amending the City Code of Ordinances Chapter 44 Utilities, Article III Water, Division 2 Connections, Section 44-153 Service Connections to be Installed by City or Duly Licensed Plumbers Suggested Disposition: Receive and File; Motion B; Motion A Amendment - MVM Amendment - Staff Amendment - Effect of Suggested Motion MemoMemoOrdinancesAmendments 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) 2007 Code of Iowa 16