11 5 12 City Council AgendaROLL CALL ORDER FOR MEETING OF 115/2012
Lynch, Resnick, Sutton, Braig, Duo!, Connors, Jones
CITY OF DUBUQUE,IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. fith Street
November 5, 2012
Council meetings are video streamed live and archived at
www.citvofdubuaue.ora /media and on Dubuque's CityChannel on the
Mediacom cable system at Channel8 (analog) and 97.2 (digital).
REGULAR SESSION
6:30 PM
PLEDGE OFALLEGIANCE
MOMENT OF SILENCE
May the spirit of wisdom keep our hearts and minds open as we endeavor to serve the common good.
PROCLAMATION(S)
1. Veterans Day (November 11, 2012)
Veterans Day Prodamation
2. Philanthropy Day (November 15, 2012)
Philanthropy Day Prodamation
3. Key Club Week (November 5 -9, 2012)
Key Club Proclamation,
4. Hospice Month (November 2012)
Hospice Month Proclamation
PRESENTATION(S)
1. National Association of Development Organizations (NADO) 2012 Innovation Award
Kelly Deutmey/er and Chandra Ravada of the East Central Intergovernmental Association (ECIA) to present the 2012 NADO Innovation
Award to the City of Dubuque for its role in the Smarter Travel Pilot Study.
ECIA ICAAP Press Release
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 youwould liketo discuss one of the Consent Items, please go to the microphone
and be recognized by the Mayor and state the itemyou would like removedfromthe Consent Agenda for separate discussion and
consideration.
1. Minutes and Reports Submitted
Art and Cultural Advisory Commission of 9/25, Building Code Board of Appeals of 10/26, City Council Proceedings of 10/15,
Community Development Advisory Commission of 10/17, Dubuque County Emergency Management Commission of 8/7, Housing
Commission of 9/25, Historic Preservation of 10/18 and 9/20, Library Board of Trustees of 8/23, 9/27 and Reports of 9/27 and 10/25,
Long Range Planning Advisory Commission of 9/19, Transit Advisory Board of 10/11, Proof of Publication for City Council Proceedings
of 10/1
Suggested Disposition: Receive and File
Arts Commission Minutes 9/25 Building Code Minutes10/26 City Council Proceedings 10/15 CDAC Minutes10 /17 Dubuque Co. EMC
Minutes 817 Housing Commission Minutes 9125 Historic Preservation Minutes10/18 Historic reservation Minutes 9/20 Library Board
Minutes 8/23, Library Board Minutes 9/27, Library Board Update 9/27, Library Board Update 10/25, Long Range Planning Minutes 9/19, Transit
Advisory Board Minutes 10/11 Proof - City Council Proceedings 10/1,
2. Notice of Claims and Suits
Richard Galazin for vehicle damage, Sandra Juergens for vehicle damage, Darrell Whitt for property damage,
Suggested Disposition: Receive and File; Refer to City Attorney
Galazin Claim, Juergens Claim, Whitt Claim,
3. Disposition of Claims
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: Jennifer Cooper for loss of income, Rachel Galazin for vehicle damage, Sandra Juergens for vehicle
damage, Archie Ralston for vehicle damage, Darrell Whitt for property damage
Suggested Disposition: Receive and File; Concur
ICAP Claims,
4. 2012 Brick Manhole Replacement Project Bid Package 4 - Project Acceptance
City Manager recommending acceptance of the public improvements for the 2012 Brick Manhole Replacement Project Bid Package 4
as completed by Drew Cook & Sons.
RESOLUTION Accepting the 2012 Brick Manhole Replacement Project Bid Package 4 and authorizing the payment of the contract
amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
2012 Brick Manhole Replacement Proiect -MVM Memo, Staff Memo, Resolution, Payment Forms,
5. IBM for Smarter Electricity Iowa - Amendment to Joint Development Agreement
City Manager recommending approval of an Amended Joint Development Agreement with IBM Research authorizing software licenses
necessary to proceed with the Department of Energy Smart Grid Data Access Grant and reflecting a delay in the implementation
dates.
Suggested Disposition: Receive and File; Approve
Updated Joint Development Agreement with IBM for Smarter Electricity Iowa -MVM Memo, Staff Memo , Joint Development Agreement Non -
Production License, Software Invoice,
6. Sungard OSSI - Public Safety Software Contract
City Manager recommending approval to enter into a contract with Sungard OSSI for the public safety software for the City of Dubuque
and its partner public safety agencies.
Suggested Disposition: Receive and File; Approve
Public Safety Software Contract -MVM Memo, Staff Memo ,
7. Alternative Services Concepts - Workers' Compensation Renewal Rates
City Manager recommending approval of the renewal rates from Alternative Services Concepts for services related to the
administration of the City's Worker's Compensation Program for the period October 1, 2012, through October 30, 2013.
Suggested Disposition: Receive and File; Approve
Workers Compensation Renewal Rates -MVM Memo, Work Comp Renewal Rates
8. Renewal Rate for Voluntary Dental Plan
City Manager recommending approval of the renewal rates for the Delta Dental plan for January 1, 2013, through December 31, 2012.
Suggested Disposition: Receive and File; Approve
Renewal Rate for Voluntary Dental Plan -MVM Memo, Delta Dental Renewal Rates,
9. Hostess Brands WARN Notification
Correspondence from Jeff Parlato, Vice President of Human Resources and Labor Relations, providing an update to the Worker
Adjustment and Retraining Notification (WARN) for Hostess Brands.
Suggested Disposition: Receive and File
Hostess WARN Letter 10/5/12 Hostess WARN Letter 5/4/12,
10. Design Review Guidelines Update - Grant Application
City Manager recommending approval of the submittal of a National Trust for Historic Preservation Funds grant to update and
consolidate multiple existing design manuals into one comprehensive easy to use and understand document.
RESOLUTION Authorizing grant application for NTHP Funds to update and consolidate design guideline manuals
Suggested Disposition: Receive and File; Adopt Resolution(s)
Grant Application for Design Review Guidelines Update -MVM Memo, Staff Memo, Resolution, Grant Application,
11. Quarterly Investment Report
City Manager transmitting the September 30, 2012 Quarterly Investment Report.
Suggested Disposition: Receive and File
September 30, 2012 Quarterly Investment Report -MVM Memo, Staff Memo Cash Investments and Investment Earnings Summary Schedule
of City Funds, Monthly Investment Summary, Schedule of Certificates of Deposit and Accrued Interest,
12. Plumbing Board
Board Member Dan Harris submitting his resignation from the Plumbing Board.
Suggested Disposition: Receive and File; Accept Resignation
Harris Resignation Letter,
13. Iowa Economic Development Authority - Heartland Financial Contract
City Manager recommending approval of a contract with the Iowa Economic Development Authority for Iowa Values Funds (IVF)
Financial Assistance benefits on behalf of Heartland Financial USA, Inc. for an expansion of office space in the Roshek Building.
RESOLUTION Approving an Iowa Values Fund Financial Assistance Contract by and among the Iowa Economic Development
Authority, the City of Dubuque and Heartland Financial USA, Inc.
Suggested Disposition: Receive and File; Adopt Resolution(s)
Approve Contract with IEDA and Heartland Financial -MVM Memo, Staff Memo, Resolution IEDA Financial Assistance Contract for Heartland
Financial,
14. Purchase of Property -1318 Jackson Street
City Manager recommending approval to purchase a house located at 1318 Jackson Street from the Marcellus J. Pottebaum Trust.
RESOLUTION Approving the acquisition of real estate located at 1318 Jackson Street in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
Purchase Property at 1318 Jackson -MVM Memo, Staff Memo, Resolution,
15. Federal Emergency Management Agency (FEMA) Buy -Out - Demolition Contract
City Manager recommending approval of the award of the Regulated Asbestos Containing Material demolition contract to
Environmental Management Services of Iowa, Inc., to allow for the demolition of the flood- damaged property at 1654 Manson Road
through the FEMA 403 Buy -Out Program.
Suggested Disposition: Receive and File; Approve
Demolition Contract Award for FEMA Buv- Out -MVM Memo Staff Memo Contract,
16. E. B. Lyons Interpretive Area Expansion - REAP Grant Agreement
City Manager recommending approval of an agreement with the Iowa Department of Natural Resources for development of Phase 1 of
the 52 -acre E.B. Lyons Interpretive Area Addition at the Mines of Spain State Recreation Area.
RESOLUTION Authorizing REAP Grant Agreement with Iowa Department of Natural Resources for development of E.B. Lyons
Interpretive Area Addition - Phase 1 at the Mines of Spain
Suggested Disposition: Receive and File; Adopt Resolution(s)
REAP Grant Agreement for E.B. Lyons Interpretive Area Addition -MVM Memo, Staff Memo, Resolution, Grant Agreement,
17. White Water Creek Bridge, Phase 4 Wood Decking - Project Acceptance
City Manager recommending acceptance of the construction contract for the Historic White Water Creek Bridge Relocation Project,
Phase 4 - Wood Decking, as completed by Klauer Construction Company.
RESOLUTION Accepting the Historic White Water Creek Bridge Relocation Project, Phase 4 - Wood Decking and authorizing the
payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
Historic White Water Creek Bridge Relocation Acceptance -MVM Memo Staff Memo Resolution, Payment Forms
18. Technical Assistance Building Blocks for Sustainable Communities
City Manager submitting a Letter of Interest to the U.S. Environmental Protection Agency for Technical Assistance Building Blocks for
Sustainable Communities.
Suggested Disposition: Receive and File; Approve
EPA Letter,
19. Sustainable Dubuque Project Monthly Status Update
City Manager transmitting the Sustainable Dubuque Project Status Update for the months of September and October, 2012.
Suggested Disposition: Receive and File
September - October Sustainable Dubuque Monthly Report-MVM Memo Staff Memo Sept and Oct 2012 Sustainable Dubuque Project Status
Report
20. Local Sustainability Matching Fund Grant Application
City Manager recommending approval of Local Sustainability Matching Fund grant application to support the Green & Healthy Homes
Initiative.
Suggested Disposition: Receive and File; Approve
Local Sustainability Matching Fund Grant Application -MVM Memo Staff Memo Application,
21. Federal Emergency Management Agency (FEMA) - 2012 Community Resilience Innovation Challenge Grant
City Manager transmitting information on the FEMA 2012 Community Resilience Innovation Challenge Grant that the City applied for in
partnership with Sustainable Strategies DC.
Suggested Disposition: Receive and File; Approve
FEMA 2012 Community Resilience Innovation Challenge Grant -MVM Memo Staff Memo , FEMA 2012 Community Resilience Innovation
Challenge Grant,
22. Facade Design Work - Central Avenue
City Manager recommending approval to utilize available UDAG funds to assist property owners on Central Avenue in the Washington
Neighborhood with conceptual design work for the facades on their commercial buildings.
Suggested Disposition: Receive and File; Approve
Facade Design Work on Central Avenue -MVM Memo Staff Memo
23. Memo of Understanding IDOT Parking Ticket Registration Holds
City Manager recommending approval of a Memorandum of Understanding with the State of Iowa Department of Motor Vehicles
related to placement of holds by the City against any vehicle registrations that have unpaid parking tickets.
Suggested Disposition: Receive and File; Approve
MOU IDOT Parking Ticket Registration Hold -MVM Memo MVM Memo Regarding Agreement, Memorandum of Understanding
24. Request to Vacate - National Guard Readiness Center
Communication from Richard Wolbers of Straka Johnson Architects on behalf of the National Guard Readiness Center requesting that
the City vacate a portion of City -owned property at the intersection of 5001 Old Highway Road and 1035 Radford Road.
Suggested Disposition: Receive and File; Refer to City Manager
Straka Johnson Vacate Request,
25. Belmont Forum and G8 Research Council Initiative
City Manager submitting correspondence to Dr. Nathanial G. Pitts of the Belmont Forum and G8 Research Council regarding the City's
participation in the Urban Hydrology and Water Sustainability Initiative.
Suggested Disposition: Receive and File; Approve
Belmont Forum and G8 Research Council Initiative Letter
26. Improvement Contracts/Performance, Payment and Maintenance Bonds
Connolly Construction, Inc. for the Eagle Point Park Washout Repair Project; Hayward Baker, Inc. for the Grand River Convention
Center Floor Settlement Remediation Project; Klauer Construction Company for the Historic White Water Creek Bridge Restoration
Project Phase 4 - Wood Decking; McDermott Excavating for the 2012 Drain Tile Project
Suggested Disposition: Receive and File; Approve
Connolly Contract and Bond Hayward Baker Contract and Bond, Klauer Bond McDermott Contract and Bond
27. Signed Contracts
Contract with Schroeder Construction for the Upper Bee Branch Creek Restoration Project.
Suggested Disposition: Receive and File
Schroeder Contract,
28. Alcohol Compliance Civil Penalty for Alcohol License Holders - Oliver Garden Restaurant
City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Olive
Garden Restaurant, 3350 Dodge Street.
Suggested Disposition: Receive and File; Approve
Olive Garden Alcohol Settlement Agreement -MVM Memo, Staff Memo , Settlement Agreement Copy
29. Alcohol License Applications
City Manager recommending approval of annual liquor, beer, and wine licenses as submitted.
RESOLUTION Approving applications for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4
Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits
Suggested Disposition: Receive and File; Adopt Resolution(s)
Liquor License Renewals -MVM Memo, Staff Memo, Liquor Resolution,
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date indicated.
1. Brunskill Road Bridge Reconstruction Project
City Manager recommending initiation of the public bidding process for the Brunskill Road Bridge Reconstruction Project, and further
recommends that a public hearing be set for November 19, 2012.
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 (Brunskill Road Bridge
Reconstruction Project Iowa DOT Project No. BROS -2100 (659)8J -31)
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 11/19/12
Brunskill Road Bridge Reconstruction Project -MVM Memo Staff Memo Resolution & Notices,
2. Hillcrest Family Services - Request to Vacate Storm Sewer Easement
City Manager recommending approval of a request from Hillcrest Family Services to vacate a storm sewer easement on Lot 1 of
Peterson Subdivision No. 2 and further recommends that a public hearing be set for November 19, 2012.
RESOLUTION of Intent to vacate and dispose of city interest in storm sewer easements over and across Lot 1 of Peterson Subdivision
No. 2 in the City Of Dubuque, Dubuque County, Iowa.
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 11/19/12
Peterson Subdivision Vacate Storm Sewer Easement -MVM Memo, Staff Memo, Resolution Map, Vacate Exhibit Vacate Map,
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.
Civic Center Commission
One 3 -Year term through June 29, 2013 (Vacant term of Fields)
Applicants:
McKenzie R. Hill, 3941/ Bluff St. #2
Jeff Lenhart, 1711 Clarke Dr.
Environmental Stewardship Advisory Commission
One 3 -Year term through October 1, 2015 (Expired term of Walter)
Applicants:
David Koch, 1950 Admiral St.
Gina Makris, 166 Bluff St.
Human Rights Commission
One 3 -Year term through January 1, 2015 (Vacant term of Krey)
Applicant:
Jeff Lenhart, 1711 Clarke Dr.
This commission is subject to the State of Iowa Gender Balance Law
Investment Oversight Advisory Committee
One 3 -Year term through July 1, 2015 (Vacant term of King)
Applicant:
Rick Runde, 1034 Barbaralee Dr.
Mediacom Charitable Foundation
One 1 -Year term through December 31, 2013 (Expired term of Chavenelle)
Applicant:
Gail Chavenelle, 1155 Kelly Lane
Mississippi River Partnership Council
One 3 -Year term through December 31, 2015 (Expired term of Cawley)
Applicant:
Edward Cawley, 598 Needham St.
Boards Overview Sheet, Boards Latest Listings, Civic Center Applications, ESAC Applications, Human Rights Applications, IOAC Applications,
Mediacom Foundation Applications, MS River Council Applications, Gender Balance - City Breakdown Gender Balance Law, Gender Balance
Q &A Sheet,
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. Sale of Property - 2513 -2515 White Street
Proof of publication on notice of public hearing to consider the sale of City -owned property located at 2513 -2515 White Street to James
Ferring and the City Manager recommending approval.
RESOLUTION Approving the sale of real estate specifically 2513 -2515 White Street
Suggested Disposition: Receive and File; Adopt Resolution(s)
2513 -2515 White Street Property Sale -MVM Memo, Sale of Property at 2513 -2515 White St., 2513 -2515 White St. Proof of Publication
2. Eagle Point Water Plant Well Field Electrical Upgrades
Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and the estimated cost
for the Eagle Point Water Plant Well Field Electrical Upgrades Project and the City Manager recommending approval.
RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Eagle Point Water Plant Well Field
Electrical Upgrades Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Eagle Point Water Plant Well Field Electrical Upgrades -MVM Memo, Staff Memo , Resolution, Proof of Publication,
3. ARC Transfer Center Phase I Project
Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and the estimated cost for the
ARC Transfer Center Phase I Project and the City Manager recommending approval.
RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the ARC Transfer Center Phase 1 Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
ARC Transfer Center Request for Bid -MVM Memo, Staff Memo, Resolution 10/15/12 Meeting Materials, Proof of Publication,
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. Greater Dubuque Development Corporation
President and CEO Rick Dickinson to provide a quarterly update of the activities of the Greater Dubuque Development Corporation.
Suggested Disposition: Receive and File
2. Code of Ordinances - ADA Readily Achievable Determinations
City Manager recommending approval of an update to the City's Accessibility Code to clarify how the readily achievable standards is
determined and provide for the use of alternative methods of reasonable accommodations in the event that the barrier removal is not
readily achievable.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article 1
Accessibility Code for Readily Achievable Changes, Section 14 -11 -3 Removal of Architectural Barriers if Readily Achievable by adding
language to clarify that the determination of Readily Achievable within the City of Dubuque will be made by the City Manager
Suggested Disposition: Receive and File; Motion B; Motion A
ADA Readily Achievable Determinations -MVM Memo Staff Memo Readily Achievable Ordinance, ADA Readily Achievable Policy Suggested
Motion,
3. Blue Zone Project Finalist
City Manager requesting that the Mayor and at least two City Council Members attend and represent City Policy Leadership at the Blue
Zones site visit on November 15, 2012.
Suggested Disposition: Receive and File; Council
Blue Zone Prolect Finalist -MVM Memo, Staff Memo , Press Release, Site Visit Agenda, Breakout Session Participants,
4. Moody's Investors Service
City Manager transmitting the Moody's Investors Service bond ratings and detailed comments for five current bond issues.
Suggested Disposition: Receive and File
Moody's Bond Ratings -MVM Memo, Staff Memo , Moody's Correspondence,
5. Sale of General Obligation Bonds, Series 2012E, F, H & I
City Manager advising that the results of the sale of $3,695,000 General Obligation Bonds, Series 2012E; $1,050,000 Taxable General
Obligation Bonds, Series 2011 F; $2,420,000 General Obligation Urban Renewal Bonds, Series 2012H; and $7,034,000 Taxable
General Obligation Refunding Bonds will be brought to the November 5, 2012 City Council meeting for approval.
RESOLUTION Directing the sale of General Obligation Bonds, Series 2012E
RESOLUTION Directing the sale of Taxable General Obligation Bonds, Series 2012F
RESOLUTION Directing the sale of General Obligation Urban Renewal Bonds, Series 2012H
RESOLUTION Directing the sale of Taxable General Obligation Refunding Bonds, Series 20121
Suggested Disposition: Receive and File; Adopt Resolution(s)
Sale of General Obligation Bonds, Series 2012E, F, H &: 1 - MVM Memo General Obligation Bonds Series 2012E - Bond Counsel Letter,
General Obligation Bonds, Series 2012E - Resolution Directing Sale, Taxable General Obligation Bonds, Series 2012F - Bond Counsel Letter,
Taxable General Obligation Bonds- Series 2012F - Resolution Directing Sale, General Obligation Urban Renewal Bonds, Series 2012H - Bond
Counsel Letter General Obligation Urban Renewal Bonds, Series 2012H - Resolution Directing Sale Taxable General Obligation Refunding
Bonds, Series 20121 - Bond Counsel Letter, Taxable General Obligation Refunding Bonds - Series 20121 - Resolution Directing Sale, October 1
Memo re $12,000,000 GO Urban Renewal Bonds October 1 Memo re $4,000,000 Essential Corporate GO Bonds Series 2012E October 1
Memo re $700,000 GO Bonds Series 2012E,
6. General Obligation Refunding Bonds, Series 2012G - Complete Action on Issuance
City Manager recommending approval of the suggested proceedings to complete the action required on the recent Series 2012G
refunding bond issuance.
RESOLUTION Appointing Wells Fargo Bank, National Association of Minneapolis, Minnesota, to serve as Paying Agent, Bond
Registrar, and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the
execution of the Agreement
RESOLUTION Authorizing and providing for the issuance of $950,000 General Obligation Refunding Bonds, Series 2012G, and
levying a tax to pay said bonds
Suggested Disposition: Receive and File; Adopt Resolution(s)
$950,000 General Obligation Refunding Bonds, Series 2012G - Complete Action on Issuance - City Manager Memo, Staff Memo Bond
Counsel Letter Resolution Appointing Paving Agent Resolution Authorizing Issuance
7. Downtown Housing and Downtown Rehabilitation Loan 1 Grant Program Incentives
City Manager recommending approval of updated program guidelines for the City's downtown economic development incentive
programs.
RESOLUTION Amending the guidelines for the Downtown Housing Incentive, Downtown Rehabilitation Loan, Planning and Design
Grant, Fagade Grant and Financial Consultant Grant Program within the Greater Downtown Urban Renewal District
Suggested Disposition: Receive and File; Adopt Resolution(s)
Updated Program Guidelines for Downtown Housing Incentive -MVM Memo, Staff Memo, Resolution, Downtown Housing Incentive Program,
Downtown Rehab Loan and Grant Programs,
8. Sister City - Dornbirn, Austria
Mayor Buol to present the proclamation that designates the City of Dornbirn, Austria, and the City of Dubuque as official Sister Cities
and updating the City Council on the recent delegation visit to the City of Dornbirn.
Suggested Disposition: Receive and File
Dornbirn / Dubuque Proclamation,
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 - Chapter 21.5(1)(c) Code of Iowa