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4 15 13 City Councl AgendaROLL CALL ORDER FOR MEETING OF4/15/2013 Connors, Jones, Lynch, Resnick, Sutton, Braig, Buol CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING Historic Federal Building April 15, 2013 Council meetings are video streamed live and archived at www.citvofdubupue.orphnedia and on Dubuque's CityChannel on the Mediacom cable system at Channel 8 (analog) and 97.2 (digital). REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE 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. Young Professionals Corrrnunity Daps of Caring Darr (April 16, 2013) YP Days nt Carina Proriamatinrr. 2. Laughter Day (May 5, 2013) Laughter Day P roclamation 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 Arts and Cultural AffairsAdvisory Commission of 1/22, City Council proceedings of 418, CWiI Service Commission of 4/18, Electrical Code Board of 3/25, Historic Preservation Commission of 3/21, Historic Preservation Commission Education Task Force of 4/4, Library Board of Trustees Update of 3/28, Long Range Planning Advisory Commission of 3/20, Park and Recreation Advisory Commission of 3112, Zoning Board of Adjustment of 3128, Proof of Publication for City Council proceedings of 3/18, Proof of Publication for List of Claims and Summary of Revenues for month ended 2/28 Suggested Disposition: Receive and File Arts Commission Minutes 1/22 Civil Service Minutes 4/18 Electrical Board Minutes3/25 Historic Preservation Minutes 3/21 Historic Preservation TF Minutes 4/4 Library Board Update 3/28 Long Range Planning Minutes 3/20 Park and Rec Minutes 3/12 Zoning Board of Adjustment Minutes 3/28 Proof -CityCouncil Proceedings 3/18 Proof - List of Claims,Revenues 2/28 2. Notice of Claims and Suits Candy Hirsch for personal injury; William Latham for properly damage; Anna Mae M cClain for vehicle damage; Turbin Dodge Chrysler Jeep for vehicle damage Suggested Disposition: Receive and File; Refer to City Attorney Hirsch Claim Latham Claim McClain Claim Turbin Dodge 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 CommunitiesAssurance Pool Candy Hirsch for personal injury; Lee Lathamfor property damage; Anna Mae McClain for vehicle damage; Robert Piel, Sr. for personal injury; Turpin Dodge ChryslerJeep forvehicle damage Suggested Disposition: Receive and File; Concur CAP Claim, 4. The Moving WaIITM Certificate of Appreciation from The Moving WaIITM thanking the City of Dubuque for its support during its stop in the Port of Dubuque. Suggested Disposition: Receive and File The Moving Wall Certificate of Appreciation, 5. Hazard Mitigation Property Acquisition Demolition Program City Manager recommending approval of the bid specifications for abatement of asbestos - containing materials and demolition of the flood- damaged structures at 1711 Old Mill Road and 1654 Manson Road. Suggested Disposition: Receive and File; Approve Hazard Mitigation Grant Program Property Acquisition Demolition Bids -MVM Memo Staff Memo, Bid Document 6. Five Flags Center - Fiscal Year 2014 Detailed Operating Budget City Manager recommending approval of the Fiscal Year 2014 Five Flags Center proposed operating budget submitted by SMG. Suggested Disposition: Receive and File; Approve Five Flags FY2014 Budget -MVM Memo, Staff Memo , Five Flags Budget - FY 14 7. Fiscal Year 2014 Community Development Block Grant Program City Manager recommending approval of the Request for Release of Funds for the proposed projects approved in the Fiscal Year 2014 (Program Year 2013) Annual Action Plan for Community Development Block Grant activities. RESOLUTION Authorizing request for Release of Community Development Block Grant Funds for Fiscal Year 2014 (Program Year 2013) Suggested Disposition: Receive and File; Adopt Resolution(s) Request for Release of Funds for FY2014 CDBG Program -MVM Memo Staff Memo, Resolution FY14 Request for Release of Funds and Certification 8. Dubuque Golf & Country Club - Fireworks Request Correspondence from Richard Bugalski, General of the Dubuque Golf & Country Club requesting permission to display fireworks on Thursday, July 4, 2013 at about 9:30 p.m. on the DG &CC grounds with a rain date of July 5, 2013. Suggested Disposition: Receive and File; Approve DG &CC Fireworks Request Letter, 9. Emergency Fire Dispatch (EFD) and Emergency Police Dispatch (EPD) Protocols City Manager recommending approval to purchase Emergency Fire Dispatch and Emergency Police Dispatch Protocols from the Academy of Emergency Dispatch (Priority Dispatch). Suggested Disposition: Receive and File; Approve Emergency Fire Dispatch & Emergency Police Dispatch Protocols -MVM Memo, Staff Memo , EFD and EPD Quote, 10. Prosperity Eastern Iowa (PEI) Membership City Manager recommending approval to amend the Fiscal Year 2014 budget to increase the City's membership dues for Prosperity Eastern Iowa. Suggested Disposition: Receive and File; Approve Prosperity Eastern Iowa Membership -MVM Memo, Prosperity Eastern Iowa (PEI) Membership ECIA Budget Requests , 11. Multicultural Family Center - Future Talk Program Assistant City Manager recommending approval of the creation of a Future Talk Program Assistant position at the Multicultural Family Center. The Multicultural Family Center Board has a grant that will reimburse the City of Dubuque the full cost of this position. Suggested Disposition: Receive and File; Approve Multicultural Family Center Future Talk Program Assistant -MVM Memo, Staff Memo , 12. Iowa Economic Development Authority - Rousselot Dubuque, Inc. City Manager recommending approval of an amended contract with the Iowa Economic Development Authority for financial assistance on behalf of Rousselot Dubuque, Inc. for an expansion of their facility at 2350 Kerper Boulevard. RESOLUTION Approving an Economic Development Assistance Contract by and among Rousselot Dubuque, Inc., the City of Dubuque and the Iowa Economic Development Authority Suggested Disposition: Receive and File; Adopt Resolution(s) Rousselot - Approval of IEDA Contract - MVM Memo, Staff Memo, Resolution, Contract, Exhibit D, 13. Civil Service Commission Civil Service Commission submitting the certified lists for Account Clerk I, Land Surveyor, and Police Lieutenant. Suggested Disposition: Receive and File; Make Matter of Record Account Clerk I List Land Surveyor List Police Lieutenant List 14. Zoning Board of Adjustment Commissioner Michael Ruden submitting his resignation from the Zoning Board of Adjustment. Suggested Disposition: Receive and File; Accept Resignation Ruden Resignation Letter, 15. Request for Proposal - Port of Dubuque Marina Startup and Operation Consultant Services City Manager recommending approval of the selection of Westrec Marinas for startup and operation consultant services for the Port of Dubuque Marina. Suggested Disposition: Receive and File; Approve Marina Startup & Operation Consultant Services Recommendation -MVM Memo, Staff Memo, Westrec Marinas Proposal, 16. Request for Proposal - Telecommunications Carrier Assessment City Manager recommending approval of the release of a joint Request for Proposal for Telecommunications Services for Dubuque County and the City of Dubuque for local voice, long distance, wide area network and internet services. Suggested Disposition: Receive and File; Approve Telecommunications Gamer Assessment RFP -MVM Memo, Staff Memo Telecommunications Carrier Assessment RFP, Telecommunications Carrier Assessment RFP Appendices 17. Mediacom Communications Company Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Company informing the City of rate adjustments being implemented on or about May 1, 2013. Suggested Disposition: Receive and File Mediacom Correspondence, 18. Sustainable Dubuque Monthly Project Status Report City Manager transmitting the Sustainable Dubuque Project Status Report for March 2013. Suggested Disposition: Receive and File Sustainable Dubuque Monthly Report-MVM Memo, Staff Memo, March Report, 19. Improvement Contracts! Performance, Payment and Maintenance Bonds Classic Protective Coatings, Inc. for the Asbury Water Tank Reconditioning Project; Nauman Nursery, Inc. for Dubuque Pack Memorial Landscaping; Portzen Construction, Inc. for the SEP Green Alley Project (Loras/Arlington) Suggested Disposition: Receive and File; Approve Classic Protective Coatings Contract Nauman Nursery Contract, Portzen Construction Contract, 20. Signed Contracts Management Agreement with Kenneth Clayton for Miller- Riverview Park and Dubuque Water Sports Club. Suggested Disposition: Receive and File Clayton Management Agreement, 21. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco licenses applications 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 RESOLUTION Approving applications for retail cigarette /tobacco sales permits, as required by Iowa Code 453A.47A. Suggested Disposition: Receive and File; Adopt Resolution(s) Liquor License Renewals -MVM Memo, Police Memo, Liquor Resolution, Tobacco Resolution, 22. Grand River Center Management Agreement Extension City Manager recommending approval of a temporary extension of the existing agreement with Platinum Hospitality Group, LLC for management of the Grand River Center. RESOLUTION Approval of an amendment to the Facility Management Agreement between the City of Dubuque, Iowa, and Platinum Hospitality Group, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) Grand River Center Management Agreement Extension -MVM Memo Amendment to Facility Management Agreement Resolution, ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Fifth and Bluff Streets Public Restroom Project (and Presentation) City Manager recommending initiation of the public bidding process for the 5th and Bluff Public Restroom Project, and further recommends that a public hearing be set for May 6, 2013. The Building Services Department will provide a brief presentation on the project. 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 (5th and Bluff Public Restroom Project) Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 516113 5th and Bluff Public Restroom Project -MVM Memo, Staff Memo, Resolution Notice to Bidders, Plans, Front End Specs, Historic Preservation Review Proiect Presentation, 2. Water Main Relocation Project - Hwy. 151161 and South Grandview Avenue Overpass City Manager recommending initiation of the bidding process for the Highway 151/61 South Grandview Avenue Overpass Water Main Relocation Project, and further recommends that a public hearing be set for May 6, 2013. RESOLUTION Preliminary approval of the specifications, form of contract, and estimated cost; setting date of public hearing on the specifications, form of contract, and estimated cost; and ordering the advertisement for bids (Hwy. 151/61 South Grandview Avenue Overpass Water Main Relocation Project) Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 516113 Hwy 151/61 South Grandview Avenue Overpass Water Main Relocation -MVM Memo, Staff Memo, Resolutions, Notice of Public Hearing, Notice to Bidders 3. Sale of Property - 2268 Washington Street City Manager recommending that a public hearing be set for May 6, 2013 on the sale of City -owned real estate at 2268 Washington Street to Kaylyn A. Mullady. RESOLUTION of Intent to dispose of City -owned property, Lot 1 Bee Branch Sub. No. 7, in the City of Dubuque, Iowa, according to the recorded plat thereof -- 2268 Washington Street. Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 516113 Sale of Property at 2268 Washington -MVM Memo Staff Memo Resolution, 4. Fiscal Year 2013 Second Budget Amendment City Manager recommending that a public hearing be set for May 6, 2013 on Fiscal Year 2013 Budget Amendment No. 2. RESOLUTION Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2013 Budget for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 516113 Fiscal Year 2013 Second Budget Amendment -MVM Memo, Staff Memo, Resolution, Notice of Public Hearing, Budget Amendment Detail, 5. Greater Downtown Urban Renewal District Amendment Including Expansion City Manager recommending approval of a Resolution of Necessity that finds that an amendment of the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District is both necessary and appropriate and would be expanded to include the area bounded by Harrison, Salina, and Camp Streets. He further recommends that a public hearing on the proposed amendment be set for June 3, 2013. RESOLUTION of Necessity finding that a certain area adjacent to the Greater Downtown Urban Renewal District meets the definition of a blighted area under the Urban Renewal Law, and that development of said Area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consultation on a proposed amendment to the Urban renewal Plan for said District Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 613113 Greater Downtown Urban Renewal District Resolution of Necessitv -MVM Memo, Staff Memo, Resolution Exhibit A - Harrison Street Expansion Map, 6. Lake Ridge - Urban Renewal District Amendment City Manager recommending approval of a Resolution of Necessity that finds that an Amended and Restated Urban Renewal Plan for the Lake Ridge Economic Development District is both necessary and appropriate and further recommends that a public hearing on the proposed amendment be set for June 3, 2013. RESOLUTION of Necessity finding that the established Lake Ridge Economic Development District meets the definition of an Economic Development Area under the Urban Renewal Law, and that development of said Area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consultation on a proposed amendment to the Urban Renewal Plan for said District Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 613113 Lake Ridge Economic Development District Resolution of Necessity -MVM Memo, Staff Memo, Lake Ridge Resolution, 7. Dubuque Brewing and Malting - Urban Renewal District Amendment City Manager recommending adopt of a Resolution of Necessity that finds that an Amended and Restated Urban Renewal Plan for the Dubuque Brewing and Malting Urban Renewal District is both necessary and appropriate and further recommends that a public hearing on the proposed amendment be set for June 3, 2013. RESOLUTION of Necessity finding that the established Brewing and Malting Urban Renewal District meets the definition of a Blighted Area under the Urban Renewal Law, and that development of said Area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consultation on a proposed Amendment to the Urban Renewal Plan for said District Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 6/3/13 Dubuque Brewing & Malting Urban Renewal Amendment -MVM Memo, Staff Memo, Resolution, 8. Industrial Center Urban Renewal District Amendment City Manager recommending approval of a Resolution of Necessity that finds that an amendment of the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District is both necessary and appropriate and further recommends that a public hearing on the proposed amendment be set for June 3, 2013. RESOLUTION of Necessity finding that the established Dubuque Industrial Center Economic Development District meets the definition of an Economic Development Area under the Urban Renewal Law, and that development of said Area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consultation on a proposed amendment to the Urban Renewal Plan for said District Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 6/3/13 Dubuque Industrial Center Economic Development District Resolution of Necessitv -MVM memo Staff Memo Resolution, Subarea Map, 9. Technology Park Urban Renewal District Amendment City Manager recommending approval of a Resolution of Necessity that finds that an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center / South Economic Development District is both necessary and appropriate; determines that the District shall henceforth be referred to as the Dubuque Technology Park Economic Development District and further recommends that a public hearing on the proposed amendment be set for June 3, 2013. RESOLUTION Necessity finding that the established Dubuque Industrial Center / South Economic Development District meets the definition of an Economic Development Area under the Urban Renewal Law, determining that the name and all subsequent references to the district shall change to the Dubuque Technology Park Economic Development District, that development of said Area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consultation on a proposed amendment to the Urban Renewal Plan for said District Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 6/3/13 Dubuque Technology Park Economic Development District Resolution of Necessity -MVM Memo, Staff Memo, Resolution, BOARDS /COMMISSIONS Review of applications to the following 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. Zoning Board of Adjustment Two 5 -Year terms: One term through March 25, 2015 (Vacant term of Ruden); and One term through March 25, 2018 (Expiring term of Cremer) Applicants: Eugene Bird, 3357 Arrowwood Ln. Jeff Cremer, 919 1/2 Bluff St. This commission is subject to the State of Iowa Gender Balance Law. Building Code Board of Appeals One 3 -Year term through August 1, 2014 (Vacant term of Anglese). Applicant: Mary Gotz, 1844 Bennett St. Boards Overview Sheet, Boards Latest Listings, Building Code Board of Appeals Application, Zoning Board of Adjustment Applications, Gender Balance Law, Gender Balance Q &A 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. Safe Routes To School - Dubuque School Safety Improvements Project Proof of publication on notice of public hearing to consider the approval of plans, specifications, form of contract and estimated cost for the Safe Routes to School Program - Dubuque School Safety Improvements Project and the City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for Safe Routes to School Program - Dubuque School Safety Improvements Project #SRTS -U- 2100(663)- -8U -31 Suggested Disposition: Receive and File; Adopt Resolution(s) Safe Routes to School Program -MVM Memo, Safe Routes to School - Public Hearing Memo, Safe Routes to School - Resolution, Proof of Publication, 2. Bunker Hill Pump Station Improvement Project Proof of Publication on notice of public hearing to consider the approval of plans, specifications, form of contract and estimated cost for the Bunker Hill Pump Station Improvement Project and the City Manager recommending approval. RESOLUTION Approval of specifications, form of contract, and estimated cost for the Bunker Hill Pump Station Improvement Project Suggested Disposition: Receive and File; Adopt Resolution(s) Bunker Hill Pump Station Improvement Proiect-MVM, City Manager, Resolution, 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. Park & Recreation Commission - Pets in Parks Recommendation (Second Reading) Park & Recreation Commission submitting revised recommendations regarding allowing pets in City parks. City Manager submitting informational memos. Materials from the March 4 and March 18, 2013 Council Meetings. ORDINANCE Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation by adding definitions relating to Animals; Restricting Horsedrawn Vehicles; Permitting Dogs, Cats, and Domesticated Animals in Certain Parks, Open Spaces, and Trails Subject to Conditions; Establishing Leash and Waste Clean -Up Requirements; Prohibiting Animals Running At -Large Within Parks, Open Spaces, or Trails; Permitting the Exercising of Dogs off Leash in Certain Areas; and Revising Park, Open Spaces and Trail Descriptions Suggested Disposition: Receive and File; Motion B; Motion A Pets in Parks -MVM Memo Commission Recommendation from 4 -2 -13 Meeting, Revised Ordinance 4/2/13, Enforcement Options and Education Ideas, Park List w Acres & Note for Play Eq -BB Cts- Tennis Cts, Playground Equip Maps - Community Parks, Playground Equip Maps - Neighborhood Parks, Playground Equip Maps - Mini Parks, A -J, Playground Equip Maps - Mini Parks, M -W, Map - Licensed Doq Locations Request to Reconsider, Health Services - Violation Statistics, Background from Comparison Cities Commission Memo form 3/4/13 Council Meeting, Commission Recommendation from 3/12/13 Meeting Pets in Parks - Proposed Ordinance Pets in Parks- Background Info on Issue, Pets in Parks - Commission Minutes, Pets In Parks - Current Ordinance, Pets in Parks - Petition to Change Ordinance, Pets in Parks - Correspondence for change Pets in Parks - Petition Against Changing Ordinance, Pets in Parks - Correspondence Against Change, 2. Sewer Revenue Capital Loan Note Series 2010E City Manager recommending approval of the proceedings to approve the revised loan documents concerning the increase in the principle amount of the Sewer Revenue Capital Loan Note, Series 2010E in order to provide funding for the Bee Branch Watershed Green Infrastructure Project. RESOLUTION Amending the Series Resolution (Resolution No. 302 -10) approved on August 10, 2010, said Resolution Approving and Authorizing a Loan and Disbursement Agreement by and Between the City of Dubuque and the Iowa Finance Authority and Authorizing and Providing for the Issuance of the $64,885,000 Sewer Revenue Capital Loan Note, Series 2010E, in order to provide for the funding of the Bee Branch Watershed Green Infrastructure Project under the terms of a new Series 2010E Note in the principal amount of $74,285,000 Suggested Disposition: Receive and File; Adopt Resolution(s) Procedure to Approve Revised Loan Documents Concerning Increase in Principal Amount of Sewer Revenue Capital Loan Note -MVM Memo, Staff Memo , Ahlers & Cooney Letter 4/3/13, Resolution, MVM Memo of 6/25/12 Memo, MVM Memo of 7/6/12, 3. Code of Ordinances - Motorcycles and Motorized Bicycles City Manager recommending approval of an amendment to the Motorcycles and Motorized Bicycles Ordinance that requires that a person operating a motorcycle or motorized bicycle keep at least one hand on the handlebars at all times during operation. ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 7 Operation, Division 3 Operation of Motorcycles and Motorized Bicycles, Section 9- 7- 321.275 Motorcycles and Motorized Bicycles by requiring a person operating a motorcycle to keep at least one (1) hand on the handlebars at all times Suggested Disposition: Receive and File; Motion B; Motion A Motorcycles and Motorized Bicycles -MVM Memo Staff Memo Ordinance 4. Food Scrap Collection Alternative City Manager recommending approval of a proposed food scrap and yard debris composting contract with Full Circle Organics, LLC. Suggested Disposition: Receive and File; Approve Food Scrap and Yard Debris Composting Contract -MVM Memo, Staff Memo , Schultz Memo, Full Circle Organics Agreement, 5. Request for Work Session - Port of Dubuque Marina Tour City Manager requesting that the City Council schedule a work session for May 20, 2013, at 5:00 p.m. to tour the Port of Dubuque Marina prior to the June 1, 2013 dedication. Suggested Disposition: Receive and File; Council Schedule Work Session to Tour Port of Dubuque Marina -MVM Memo, Staff Memo 6. Request to Schedule Work Session - Historic Millwork District City Manager requesting that the City Council schedule a work session on Monday, June 17, at 5:15 p.m. on a comprehensive update of the Historic Millwork District. Suggested Disposition: Receive and File; Council Request to Schedule Work Session on Historic Millwork District -MVM memo 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 ADJOURNMENT