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7 21 14 City Council AgendaROLL CALL ORDER FOR MEETING OF7212014 Jones, Lynch, Resnick, Sutton, Braig, Buol, Connors CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. 6th Street July 21, 2014 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 85.2 (digital). REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Apples for Students Months (July/August 2014) Apples for Students Proclamation 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 Affairs Advisory Commission of 5/27; Cable TV Corrmission of 614; City Council Proceedings of 717; Housing Commission of 6/24; Library Board of Trustees Update of 6119; Zoning Advisory Commission of 7/2; Zoning Board of Adjustment of 6/24 Suggested Disposition: Receive and F Arts Commission 5/27 Cable TV 6/4 City Council P roceedincis 717, Housing Commission 6/24 Library Board Update 6/19 Zoning Advisory 7/2 Zoning Board of Adi. 6124, 2. Notice of Claims and Suits Stacey Duve for vehicle damage, Steve Maker II for vehicle damage Suggested Disposition: Receive and File; Refer to City Attorney Duve Claim Maker 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: Steve Duve for vehicle damage Suggested Disposition: Receive and File; Concur ICAP Referrals 4. William D. Hatfield Award Iowa Water Environment Association (IAWEA) announcing that Dubuque Water & Resource Recover Center Manager Jonathan Brown is the 2014 Recipient ofthe William D. Hattfield Award for outstanding performance and professionalism in the treatment and maintenance of a wastewater plant. IAYVE A Press Release 5. Dubuque Jaycees -Radio Dubuque 2015 Fireworks Request Correspondence fromThomas Parsely, General Manager of Radio Dubuque and on behalf of the Dubuque Jaycees, requesting permission to conduct a fireworks display on Friday, July 3, 2015 from 9:00 p.m. to 10:30 p.m. on Volunteer Road between Hawthorne and Lime Streets with a rain date of July 4, 2015. Suggested Disposition: Receive and File; Approve Radio Dubuque -Jaycees Request, 6. Shelter Plus Care Program Contract City Manager recommending approval of a contract with the U.S. Department of Housing and Urban Development for administration of the Shelter Plus Care Program. Suggested Disposition: Receive and File; Approve Shelter Plus Care Program Contract -MVM Memo, Staff Memo, Grant Agreement, 7. 2115 Sunnyview Drive -Agreement and Acceptance of Storm Sewer Easement City Manager recommending approval of an agreement and acceptance of a storm sewer easement from James E. and Kristine E. Noonan for a proposed storm sewer relocation. RESOLUTION Approving a Memorandum of Agreement for Construction of a Storm Sewer and Accepting a Grant Of Easement for Storm Sewer Through, Over and Across a Part of the Southerly 99 Feet of Lot 92 in Finley's Addition to the City of Dubuque, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Noonan Approval of Agreement and Acceptance of Storm Sewer Easement -MVM Memo Staff memo Resolution, Memorandum of Agreement Grant of Easement for Storm Sewer, 8. Workers' Compensation Excess Insurance Renewal Fiscal Year 2015 City Manager recommending approval of the renewal rate submitted by Safety National for Fiscal Year 2015 Workers' Compensation Excess Insurance. Suggested Disposition: Receive and File; Approve FY15 Workers Compensation Excess Insurance Renewal -MVM Memo Staff Memo Coverage Specifications - Excess Workers Comp, 9. Iowa Department of Transportation - Detours Agreement Iowa Department of Transportation (IDOT) submitting an agreement for use of local agency roads as detours during the construction of the Intermodal Transportation Center. Suggested Disposition: Receive and File; Approve IDOT Detours Agreement, 10. Collective Bargaining Agreement - Dubuque Professional Firefighter's Association #353 City Manager requesting that the City Council receive and file the arbitration award between the City of Dubuque and the Dubuque Professional Firefighters Association, Local #353, effective July 1, 2014 through June 30, 2015. Suggested Disposition: Receive and File Arbitration Award City of Dubuque & Dubuque Professional Firefighters Association Local #353 -MVM Memo Staff Memo Arbitrator Award, 11. Collective Bargaining Agreement Teamsters Local 120 (Bus Operators) City Manager recommending approval of an Amendment to the Collective Bargaining agreement between the City and Dubuque and the Teamster Local Union No. 120 (Bus Operators). Suggested Disposition: Receive and File; Approve Amendment to Collective Bargaining Agreement with Teamsters Local Union No. 120 (Bus Operators) -MVM Memo, Staff Memo, Amendment Collective Bargaining Agreement Bus Operators, 12. Property Acquisition - 420 Garfield Avenue City Manager recommending approval to acquire property located at 420 Garfield Avenue from Thomas J. Blaser and Margaret M. Blaser as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate owned by Thomas J. Blaser and Margaret M. Blaser, DIBIA Dubuque Fire Equipment, Inc., in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 420 Garfield Avenue Acquisition -MVM Memo, Staff Memo, Resolution Offer to Buy, Exhibit A Voluntary Acknowledgement, 13. Partial Property Acquisition -430 Garfield Avenue City Manager recommending approval to purchase a portion of 430 Garfield Avenue and two temporary construction easements through 430 Garfield Avenue that are required for the Bee Branch Creek Restoration Project; and that a Changed Memorandum of Understanding be executed with Robert Klauer regarding relocation, re-establishment expenses and points of discussion. RESOLUTION Approving the acquisition of real estate owned by Robert F. Klauer in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) Bee Branch Property Acquisition -Partial Acquisition of 430 Garfield -MVM Memo Staff Memo Exhibits A, B, & C, Resolution Offer to Buy MOU 14. 2014 Access Ramp Installation Project Phase 2 - Award City Manager recommending that the award for the 2014 Access Ramp Installation Project — Phase 2 be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 2014 Access Ramp Installation Project Phase 2 -MVM Memo, Staff Memo, Bid Tab, 15. Community Development Block Grant (CDBG) 2014 Curb Access Ramp Installation Project Award City Manager recommending that the award for the 2014 CDBG Curb Access Ramp Installation Project be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 2014 CDBG Curb Access Ramp Installation Project -MVM Memo, Staff Memo, Bid Tab 16. Harvest Kitchen and Bar- Request for Release of Community Development Block Grant (CDBG) Funds City Manager recommending approval of a resolution authorizing the Request Release of Funds for the proposed Economic Development Financial Assistance Program Community Development Block Grant loan to Harvest Kitchen and Bar. RESOLUTION Authorizing Request for release of Community Development Block Grant funds for Economic Development Financial Assistance Program - Harvest Kitchen and Bar Suggested Disposition: Receive and File; Adopt Resolution(s) Request for Release of CDBG Funds -Harvest Kitchen and Bar - MVM Memo, Staff Memo Request for Release of Funds Resolution, 17. Harvest Kitchen and Bar- CDBG Loan Agreement City Manager recommending approval of a forgivable loan through the Community Development Block Grant (CDBG) Economic Development Loan Program to the owners of Harvest Kitchen and Bar, a new business to be located in the Schmid Innovation Center at 955 Washington Street. RESOLUTION Approving a Community Development Block Grant Loan Agreement for One Hundred Seventy -Five Thousand Dollars ($175,000) for Harvest Kitchen and Bar Suggested Disposition: Receive and File; Adopt Resolution(s) CDBG Loan for Harvest Kitchen and Bar -MVM Memo Staff Memo CDBG Loan Agreement Harvest Kitchen, Resolution 18. Pre -Annexation Agreement - Richard M. and Mary Lou Bradley City Manager recommending approval of a pre -annexation agreement with Richard M. and Mary Lou Bradley, property owners, in conjunction with their request for approval of a Final Plat of Richard Bradley Third Addition in Dubuque County. RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Richard M. and Mary Lou Bradley Suggested Disposition: Receive and File; Adopt Resolution(s) Bradley Pre -Annexation Agreement -MVM Memo, Staff Memo and Map, Pre -Annexation Agreement, Water Service Covenant, Assessment of Costs of Improvements Covenant, Resolution 19. Jule Bus Purchase Acceptance City Manager recommending final acceptance of a bus as delivered from Hoglund Bus Co., Inc. and establishing the final contract amount RESOLUTION Accepting the Jule bus purchase and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) Jule Bus Purchase Acceptance -MVM Memo Staff Memo Acceptance Resolution - Bus Purchase Bus Order Details 20. Sisters of Charity of the Blessed Virgin Mary Correspondence from Sister Teri Hadro, BVM, of the Sister of Charity advising the City that they anticipate resubmitting their request to rezone property at 1100 Carmel Drive in the fall of 2014. Suggested Disposition: Receive and File Sisters of Charity Letter 21. Dubuque City Assessors Office Correspondence from Dubuque City Assessor Rick Engelken advising the City of property tax appeals filed with the Iowa Property Assessment Appeal Board for the 2014 assessment. Suggested Disposition: Receive and File Dubuque City Assessor's Letter, 22. College Partnership Contracts Fiscal Year 15 City Manager recommending approval of the contracts for College/University Transit Partnership with Clarke University, Loras College and University of Dubuque for the 2014-2015 school year. Suggested Disposition: Receive and File; Approve College Partnership Contracts for Fiscal Year 2015 -MVM Memo, Staff Memo, Loras Signed College Partnership Contract, UD Signed College Partnership Contract, Clarke Signed College Partnership Contract, 23. USDA Local Foods, Local Places Program City Manager recommending approval of a letter of intent to apply for the USDA Local Foods, Local Places technical assistance program. Suggested Disposition: Receive and File; Approve USDA Local Foods, Local Places Program -MVM Memo, Staff Memo , Letter of Intent, 24. Mediacom Communications Company Correspondence from Mediacom Communications Company advising the City that it will be changing the seasonal rates for some services on or about September 1, 2014. Suggested Disposition: Receive and File Mediacom Letter, 25. Iowa Department of Natural Resources - NPDES Inspection Correspondence from the Iowa Department of Natural Resources providing the City with an inspection report of the Water & Resource Recover Center and Notice of Violation. Suggested Disposition: Receive and File; Refer to City Manager IDNR NPDES Notice, 26. Signed Contracts Dittmer Recycling, Inc. Third Amendment to Agreement with Dubuque Metropolitan Area Solid Waste Agency. Suggested Disposition: Receive and File Dittmer Amendment, 27. Improvement Contract and Maintenance Bonds Portzen Construction, Inc., for the E. B. Lyons Expansion Project Suggested Disposition: Receive and File; Approve Portzen Construction Contract, 28. Alcohol Compliance Civil Penalty for Alcohol License Holders — Oky Doky #1 City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Oky Doky #1, 250 W. 1st Street. Suggested Disposition: Receive and File; Approve Oky Doky #1 Alcohol Compliance Agreement -MVM Memo, Staff Memo, Agreement, 29. Tobacco Compliance — Civil Penalty for Tobacco License Holders — Oky Doky #1 City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Oky Doky #1, 250 W. 1st Street. Suggested Disposition: Receive and File; Approve Okv Dokv #1 Tobacco Compliance Agreement -MVM Memo, Staff Memo, Agreement Copy, 30. Alcohol Compliance Civil Penalty for Alcohol License Holders — Murph's South End Tap City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Murph's South End Tap 55 Locust Street. Suggested Disposition: Receive and File; Approve Murph's South End Alcohol Compliance Agreement -MVM Memo Staff Memo Agreement, 31. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco 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 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, Staff Memo, Liquor Resolution, Tobacco Resolution, ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Elm Street Parking Lot Project City Manager recommending initiation of the public bidding process for the construction of the Elm Street Parking Lot Project, and further recommends that a public hearing be set for August 4, 2014. 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 Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing 8/4/14 Elm Street Parking Lot -MVM Memo, Staff memo, Resolution Notice to bidders, 2. SRF Green Alley Project Bid Set 2 - Year 2 City Manager recommending initiation of the public bidding process for the SRF Green Alley Bid Set 2 — Year 2 Project, and further recommends that a public hearing be set for August 18, 2014. 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 RESOLUTION Approving the plats, Schedule of Assessments and estimate of total cost for the SRF Green Alley Bid Set 2 - Year 2 Project RESOLUTION of Necessity for the SRF Green Alley Bid Set 2 - Year 2 Project RESOLUTION Fixing date of public hearing on Resolution of Necessity Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing 8/18/14 SRF Green Alley Bid Set 2 -Year 2 - MVM Memo, Staff Memo, Resolution 1, Resolutions 2-4, Notice to Bidders, Schedule of Assessments, Income Guidelines, 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. Housing Com mission One, 3 -year term through August 17, 2017 (Expiring term of Baumhover) Applicant: Rick Baumhover, 601 Garfield Ave #104 Human Rights Commission One, 3 -year term through January 1, 2016 (Vacant term of Helgager) Applicants: Nikkole Nutter, 2897 Asbury Rd. Susan Stone, 1384 Solon St. This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 6 males/2 females Boards Overview Sheet, Latest Listings, Vacancies, Housing Commission Application, Human Rights Commission Applications, Gender Balance Q&A sheet, Gender Balance Law, 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. Code of Ordinances Title 16 Unified Development Code - Payday Lenders Proof of publication on notice of public hearing to consider a request by the City of Dubuque to amend Section 16-7, of the Unified Development Code - Supplemental Use Regulations, by adding a new Section 16-7.5 Pay Day Lending Establishments and adding siting requirements and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending Article 16-7 Supplemental Use Regulations by Adding a New Section 7-5 Titled Pay Day Lending Establishments and Establishing Regulations to Their Location in the Community Suggested Disposition: Receive and File; Motion B; Motion A Commission Letter Application & Supporting Documentation Ordinance Suggested Motion 2. Code of Ordinances Amendment Title 16 - Unified Development Code Keeping of Hens Proof of publication on notice of public hearing to consider a request by the City of Dubuque to amend the Unified Development Code to allow the keeping of Hens for Egg Production as an accessory use in residential districts and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending Article 16-8-5.10 Conditional Uses by Eliminating the Keeping of Hens and Amending Articles 16-5-2.3 (R-1), 16-5-3.3 (R-2), 16-5-4.3 (R -2a), 16-5-5.3 (R-3), and 16-5-6.3 (R-4) to Allow the Keeping of Hens for Egg Production as an Accessory Use in Residential Districts Suggested Disposition: Receive and File; Motion B; Motion A Commission Letter, Staff materials Ordinance Citizen Correpsondence, Suggested Motion 3. Code of Ordinances Amendment - Title 16 Unified Development Code Definitions Proof of publication on notice of public hearing to consider a request by the City of Dubuque to amend Section 16-2-3 of the Unified Development Code to remove the definition of disability and to redefine the definition of family to include a reference to City Code Chapter 8-1.1 defining disability and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending Article 16-2 -3 by Eliminating the Definition of Disability and to Modify the Definition of Family to Include a Reference to City Code Chapter 8-01.1 Defining Disability Suggested Disposition: Receive and File; Motion B; Motion A Commission Letter, Application and Supporting Documentation, Ordinance, Suggested Motion, 4. Southwest Arterial Right -of -Way Property Acquisition Proof of publication on notice of public hearing to consider the City's intent to acquire, or condemn if necessary, property for the Southwest Arterial Project, and the City Manager recommending approval. Correspondence from Hugh McFadden. RESOLUTION Establishing the fair market value of real property for the Southwest Arterial Project, directing good faith negotiations for the acquisition of property and authorizing the commencement of eminent domain proceedings, if necessary, to acquire property Suggested Disposition: Receive and File; Adopt Resolution(s) Southwest Arterial Right -of -Way Property Acquisition -MVM Memo, Staff Memo, Resolution, SW Arterial Aerial Exhibit, SW Arterial Interchange Area Exhibit, McFadden Correspondence, Proof of Publication 5. Dubuque Regional Airport Property Easement Acquisition for Extension of Public Utilities Proof of publication on notice of public hearing to consider the City's intent to acquire, or condemn if necessary, property for the extension of public utilities to the Airport and the City Manager recommending approval. Correspondence from Hugh McFadden. Changed RESOLUTION Establishing the fair market value of real property for the extension of public utilities to the Dubuque Regional Airport, directing good faith negotiations for the acquisition of property and authorizing the commencement of eminent domain proceedings, if necessary, to acquire property Suggested Disposition: Receive and File; Adopt Resolution(s) Extension of Public Utilities to the Dubuque Regional Airport -MVM Memo, Staff Memo Resolution, Airport Utility Extension Overview, McFadden Correspondence Proof of Publication, 6. Iowa Department of Natural Resources - Mines of Spain Lease Agreement Proof of publication on notice of public hearing to consider an amended agreement between the City of Dubuque and the Iowa Department of Natural Resources to add the E.B. Lyons Interpretive Area Addition (Bottoms Farm) to the City's lease with the Iowa Department of Natural Resources and the City Manager recommending approval. RESOLUTION Authorizing Second Amendment of Lease Agreement with Iowa Department of Natural Resources for the E.B. Lyons Interpretive Area Addition Suggested Disposition: Receive and File; Adopt Resolution(s) IDNR-City Mines of Spain Lease Agreement -MVM Memo, Staff Memo, Master Plan, Agreement , Resolution, 7. Chaplain Schmitt Island Master Plan Proof of publication on notice of public hearing to consider approval of the Chaplain Schmitt Island Master Plan and the City Manager recommending approval. Staff will make a presentation. RESOLUTION Adopting the Chaplain Schmitt Island Master Plan Suggested Disposition: Receive and File; Adopt Resolution(s), Presentation Adoption of Chaplain Schmitt Island Master Plan -MVM Memo Staff Memo Master Plan Resolution, 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. Sustainable Dubuque Community Grant Program Recommendations City Manager recommending approval for funding of nineteen Sustainable Dubuque Community grant applications. Suggested Disposition: Receive and File; Approve Sustainable Dubuque Community Grant -MVM Memo Staff Memo 2. Smarter Travel Project Local Match City Manager recommending approval of local funds to match the Iowa Department of Transportation's ICAAP funds to implement the IBM Smarter Travel project. Suggested Disposition: Receive and File; Approve Local Match for Smarter Travel Project -MVM Memo, ECIA Memo, 3. Jule Transit Facility Roof & Sprinkler Repair Project Award City Manager recommending award of the contract for the Jule Transit Facility Roof Repair Project to the low bidder, Bel Aire Home Improvement; and award of the contract for the Jule Transit Facility Sprinkler Repair Project to the only bidder, Continental Fire & Sprinkler. RESOLUTION Awarding public improvement contract for the Jule Transit Facility Roof & Sprinkler Repair Project (Roof) RESOLUTION Awarding public improvement contract for the Jule Transit Facility Roof & Sprinkler Repair Project (Sprinkler) Suggested Disposition: Receive and File; Adopt Resolution(s) Jule Transit Facility Roof & Sprinkler Repair Project -MVM Memo, Staff Memo, Architect Bid Recommendation Letter, Resolution - Roof Construction Resolution - Sprinkler Construction 4. Code of Ordinances Amendment - Title 10 Personalized Watercraft City Manager recommending amending City Ordinance Section 10-7-13 to add motorized personal watercraft operation to the list of prohibited activities, as well as add additional areas where activities are prohibited. ORDINANCE Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 7 Boats, Boating and Waterfront Structures, Section 10-7-13 Activities by Adding Motorized Personal Watercraft Operation to the List of Prohibited Activities and Adding Additional Areas Where Activities are Prohibited Suggested Disposition: Receive and File; Motion B; Motion A Amending Ordinance Section 10-7-13 - MVM Memo Staff Memo Ordinance Suggested Motion 5. Code of Ordinances Amendment - Title 5 Transit Advisory Board City Manager recommending approval of an ordinance which repeals Chapter 1 Transit Advisory Board provisions and adopting a new Chapter 1 which establishes the Transit Advisory Board and provides for the powers, operation, membership, meetings and procedure for fare increase or reduction in service. ORDINANCE Amending City of Dubuque Code of Ordinances Title 5 Transit System by Repealing Chapter 1 Transit Advisory Board; General Provisions and Adopting a New Chapter 1 Transit Advisory Board in Lieu Thereof Establishing the Transit Advisory Board and Providing for the Powers, Operation, Membership, Meetings, and Procedure for Fare Increase or Reduction in Service Suggested Disposition: Receive and File; Motion B; Motion A Boards and Commissions -Transit Advisory Board - MVM Memo Staff Memo Ordinance Suggested Motion, 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