AGENDA AND CONSENT AGENDA

1

GRINNELL CITY COUNCIL REGULAR SESSION MEETING MONDAY, NOVEMBER 19, 2018 AT 7:00 P.M.

IN THE COUNCIL CHAMBERS MINUTES Mayor Agnew called the meeting to order at 7:01 p.m. with all council members in attendance. AGENDA AND CONSENT AGENDA White made the motion, second by Hueftle-Worley to approve the agenda. AYES: 6-0. Motion carried. Hueftle-Worley made the motion, second by Wray to approve the consent agenda as follows:

1. Previous minutes as drafted from the Monday, November 5, 2018 Regular Session. 2. Approve new Liquor Licenses and renewals:

1. Mayflower Homes Inc., 616 Broad Street (new). 2. Los Girasoles, 101 West Street.

3. Approve new hire Dalton Kies, Police Officer, at $25.32 per hour. 4. Review Campbell Fund requests.

AYES: 6-0. Motion carried. ROUTINE BUSINESS The council acknowledged receipt of the previous meeting minutes and communications as follows:

a) Finance Committee minutes: November 5, 2018. b) Public Safety Committee minutes: November 5, 2018 c) Planning Committee minutes: November 5, 2018. d) Public Works & Grounds Committee minutes: November 5, 2018. e) October 2018 Monthly Police Report. f) October 2018 Monthly Building and Planning Report. g) October 2018 Grinnell Veterans Memorial Building Campaign Report. h) October 2018 Grinnell Skate Park Campaign Report. i) October 2018 Central Park Campaign Report.

No action was necessary. FINANCE COMMITTEE

No meeting was held.

PUBLIC SAFETY COMMITTEE Burnell made the motion, second by Hueftle-Worley to approve request from Grinnell Vintage Auto Club to hold the 43rd Annual Grinnell Vintage Auto Show on Sunday, August 18, 2019, blocking off streets around Central Park. AYES: 6-0. Motion carried.

2

Burnell provided and update on the EMS process. Proposals are expected, from two ambulance services, prior to the next EMS committee meeting on Thursday, November 29, 2018 at 11:30 a.m. at the Public Safety Building. PLANNING COMMITTEE Bly made the motion, second by Burnell to approve the FY 20-24 Capital Improvement Plan. AYES: 6-0. Motion carried. Bly made the motion, second by Hansen to recommend staff apply for the Great Places Designation. AYES: 6-0. Motion carried. Bly made the motion, second by Burnell to approve Resolution No. 2018-125 - resolution to approve tax abatement application for Grinnell Urban Revitalization Plan – Amendment No. 3 – Grinnell Garden Cottages LLC, 3 Garden Cottage Lane. AYES: 6-0. Motion carried. Bly made the motion, second by Hansen to approve Resolution No. 2018-126 - resolution to approve tax abatement application for Grinnell Urban Revitalization Plan – Amendment No. 3 – Stephanie & Nathan Eichenberger, 2007 Prairie St. AYES: 6-0. Motion carried. PUBLIC WORKS AND GROUNDS COMMITTEE Automated solid waste pickup will begin spring of 2019. Postcards will be sent to residents so that they can select the size of cart they would like. Hueftle-Worley made the motion, second by Wray to discontinue curbside recycling by April of 2019. AYES: 6-0. Motion carried. ORDINANCES White made the motion, second by Hueftle-Worley to approve the second reading of Ordinance No. 1463 – An ordinance amending provision pertaining to Property Maintenance Code. AYES: 6-0. Motion carried. INQUIRIES: There was one inquiry regarding sidewalks. No action was taken.

ADJOURNMENT The Mayor declared the meeting adjourned at 7:19 p.m. DAN AGNEW, MAYOR ATTEST: ANNMARIE WINGERTER, DEPUTY CITY CLERK

11-30-2018 11:40 AM A C C O U N T S P A Y A B L E PAGE: 1

VENDOR SET: 01 City of Grinnell, IA O P E N I T E M R E P O R T BANK: ALL

REPORTING: PAID, UNPAID P U B L I C A T I O N

======PAYMENT DATES======= =======ITEM DATES========= ======POSTING DATES=======

PAID ITEMS DATES : 11/06/2018 THRU 12/03/2018 0/00/0000 THRU 99/99/9999 0/00/0000 THRU 99/99/9999

UNPAID ITEMS DATES : 0/00/0000 THRU 99/99/9999 0/00/0000 THRU 99/99/9999

VENDOR NAME DESCRIPTION GROSS AMOUNT

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ACCO WINTERIZE POOL 16,774.10

ACTION TRAINING SYSTEMS, I ONLINE TRAINING 1,520.00

AGRAN, THOMAS FAIRLIE PAINTING 950.00

AHRENS PARK FOUNDATION DEC LEASE-AFC 3,861.34

ALLIANT ENERGY UTILITIES 48,785.11

AMAZON REFUND-BKS 820.35

AMERICAN WATER WORKS ASSOC MBRSHP (JA) 371.00

ARNOLD MOTOR SUPPLY SUPPLIES 360.77

ASI SIGNAGE INNOVATIONS CHRISTMAS SIGNS 400.00

AVIS, TYLER REIMB CONF EXP-MEALS/UBER/PKG 331.77

AWARDS UNLIMITED NAME TAGS 40.00

BAKER & TAYLOR -ENT #5103 REFUND-BKS 1,095.17

BAKER & TAYLOR ENTERTAIN DVD 31.15

BAKER & TAYLOR L530345 REFUND-BKS 2,509.87

BAKER & TAYLOR, INC BKS 337.34

BALDWIN, OLGA N. GYMNASTICS 1,328.00

BERNIE LOWE & ASSOCIATES, MTHLY CONS FEES 1,650.00

BROWN'S HEAVY EQUIPMENT, I REP 4,678.58

BROWN'S SHOE FIT CO BOOTS (AS) 100.00

BSN SPORTS INC SUPPLIES 94.38

BUSHONG CONSTRUCTION COMPA PAY REQ #6 - HANGAR IMP 64,536.42

CAMPBELL, STU BKS 45.48

CAPITAL SANITARY SUPPLY SUPPLIES 60.89

CARDMEMBER SERVICE MTG EXP-MEAL (KC) 2,432.22

CARGILL INCORPORATED SALT 22,163.87

CCD YARD SERVICES MOWING 484.00

CDW.G INC LAPTOP 2,065.45

CENTER POINT LARGE PRINT BKS 25.32

CENTRAL IOWA TELEVISING TELEVISE STORM SWR 450.00

CLAPSADDLE-GARBER ASSOCIAT DESIGN/CONS HANGAR 3,416.25

COLLECTION SERVICE CENTER CHILD SUPPORT 2,412.13

CONVERGINT TECHNOLOGIES LL SECURITY ALARM MONITORING 300.00

CORE & MAIN LP PARTS 456.84

COUNTRY LANDSCAPES, INC. PRAIRIE MTNCE 1,711.50

CURT'S COLLISION CENTER REP 2,274.28

D5 SOLUTIONS, INC. DUMPSTER REP 2,495.82

DEMCO SUPPLIES 22.41

DICKENSON, MIKE REIMB-MLGE 74.12

DOANE, BRYCE REIMB-MLGE 406.19

EFTPS FEDERAL WITHHOLDING 54,822.62

ESRI, INC MTNCE 650.00

FARM BUREAU LIFE INS CO ANNUITY 625.00

FASTENAL COMPANY SUPPLIES 163.89

GALE REFUND-BKS 608.59








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GARWOOD, BRIAN REIMBURSE BOOTS 100.00

GATOR EXCAVATING, INC. CLEAN UP ROCK-TEMP ROAD 11,345.07

GIBSON, COLTON DAVID KYBO (SEPT/OCT) 160.00

GRANICUS ANNUAL MTNCE FEE 6,602.40

GRAY, BEN REIMB-MEALS 96.76

GREATER IOWA SWIM LEAGUE DUES 25.00

GREATER POWESHIEK COMMUNIT GREATER POWESHIEK FOUNDATION 278.00

GRINNELL CHAMBER OF COMMER MEMBERSHIP DUES 2019 1,142.25

GRINNELL CITY OF (TRANSFER TRANS MO CONS FEES PER BUDGET 44,518.22

GRINNELL FIRESTONE REP 192.84

GRINNELL IMPLEMENT STORE REP (S-7) 2,091.06

GRINNELL OUTDOOR POWER & S YARD VAC 2,579.93

GRMC DRUG TESTING (AS) 217.93

GRONEWOLD, BELL, KYHNN & C AUDIT 2018 3,800.00

HACH COMPANY SUPPLIES 758.53

HARDON'S REP 1,333.60

HDC BUSINESS FORMS CO UTILITY BILLS 860.11

HERALD REGISTER AD-ASST REC DIR 532.68

HICKENBOTTOM INC SUPPLIES 1,641.92

HY-VEE INC SUPPLIES 53.83

I.U.P.A.T. DISTRICT COUNCI UNION 483.00

IIMC MBRSHP (AW) 110.00

IMWCA WORKER'S COMP 18-19 6,853.00

INT'L CODE COUNCIL INC CODE BOOKS 77.95

INTERSTATE POWER & LIGHT C HANGAR PROJ-GAS SVC 4,248.23

IOWA COMMUNICATIONS NETWOR DATA LINE 8.33

IOWA DEPARTMENT OF JUSTICE TITLE FEE 200.00

IOWA FIRE EQUIPMENT CO REP FIRE ALARM 1,149.15

IOWA LAW ENFORCEMENT ACADE EVALUATION (DK) 150.00

IOWA ONE CALL LOCATES 197.30

IOWA POETRY ASSOCIATION BK 9.00

IOWA RURAL WATER ASSOC MBRSHP 375.00

IOWA STATE UNIVERSITY FF1 BOOKS 280.00

IOWA WORKFORCE DEVELOPMENT UNEMPLOYMENT 6,708.00

IPERS MATCH TO I-QUE 27,833.66

JCARL KENNEL FEES 325.00

JD FINANCIAL - THEISEN'S SUPPLIES 431.65

JD FINANCIAL-VAN WALL PARTS 311.77

KELLOGG LAWN & SNOW REP 345.90

KEY COOPERATIVE GRINNELL PROPANE 2,731.89

KEYSTONE LABORATORIES INC TESTING 3,764.00

KITES OVER GRINNELL MINI GRANT 1,500.00

LAUREL DIESEL SERVICE'S REP (G-3) 4,117.22

LED LIGHTING CREW LED CHANGEOUT 2,224.48








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LINDER TIRE SERVICE REP 412.40

LOWRY, RONALD D. 1/2 TMNL RENT (B LINE AIR) 2,418.37

MAILFINANCE LEASE-POSTAGE METER 254.94

MALCOM LUMBER SUPPLIES 293.66

MANATTS INC PAY REQ #5-EAST ST RECONS 45,536.36

MARTIN MARIETTA MATERIALS ROCK 572.90

MAYNARD'S MANURE MANAGEMEN SLUDGE HAULING 16,537.50

MEARDON, SUEPPEL & DOWNER LEGAL FEES 2,845.00

MED COMPASS PHYSICALS 3,443.00

MEDTRAK SERVICES LLC 411 WORK COMP 91.05

MESSAGE MOVERS LABELS 38.13

MFPRSI MFPRSI 36,071.92

MICRO MARKETING LLC BKS 17.60

MID-IOWA SOLID WASTE EQUIP REP 1,002.93

MIDWEST AMBULANCE OF IOWA MONTHLY FEE 10,625.00

MISCELLANEOUS GRINNELL HOSPITALITY:BP REFUND 4,496.41

MONKEYTOWN/STOREY KENWORTH SUPPLIES 313.73

MULTIVISTA IOWA MTNCE FEES 610.00

MUNICIPAL EMERGENCY SERVIC BOOTS 865.39

MUNICIPAL SUPPLY INC LG MTR 3,642.50

NEAL, KAREN REIMB-PROG SPL 153.50

NEW CENTURY FARM SERVICE DIESEL 9,720.47

NORTHWAY WELL & PUMP BRINE PUMP 4,259.42

O'HALLORAN, TIM SVC (L52) 550.64

O'KEEFE ELEVATOR COMPANY, MTNCE 168.33

O'REILLY AUTO PARTS OIL 464.81

OFFICE EXPRESS SUPPLIES 17.90

OVERDRIVE, INC. E-BKS 236.96

PAUL'S ACE HARDWARE RETURN-SUPPLIES 192.95

PBS DISTRIBUTION, LLC DVD 32.00

PENROSE LUMBER SUPPLIES 19.44

PENWORTHY COMPANY J BKS 124.13

PETTY CASH - CITY OFFICE POSTAGE 8.50

PETTY CASH - DRAKE LIBRARY J PROG/SPL 25.60

PETTY CASH - POLICE DEPT MTG-MEALS/POSTAGE/SUPPLIES 112.86

POLICE EXECUTIVE RESEARCH DUES (DR) 200.00

POSTMASTER BULK MAIL POSTAGE 3,100.00

POSTMASTER-LIB ACCT STAMPS 253.00

POWESHIEK CO SHERIFF SHERIFF FEES 53.98

POWESHIEK CO TREASURER PER CAPITA 1,536.33

POWESHIEK COUNTY CHRONICLE SUB-POW CR 29.99

POWESHIEK WATER ASSOC RURAL WATER 319.00

PREMIER COPIER OVERAGE 36.92

PULS, HARLEY R. TREE REMOVAL 8,499.00








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QUICK & CLEAN INC CLEANING SVC 3,240.00

QUILL CORPORATION SUPPLIES 101.03

RDG PLANNING & DESIGN CENTRAL PARK ADD'L CA 537.66

RELYANT WATER COOLER 29.99

REPUBLIC SERVICES OF IOWA RECYCLING FEES (OCT 18) 2,301.23

ROY'S TOWING AND RECOVERY TOWING 555.00

RYAN HERCO FLOW SOLUTIONS RETURN-VALVE/ACTUATOR 2,200.92

S & S ELECTRIC SVC CALL 531.38

SAYURI SASAKI HEMANN ARTWORK 650.00

SCHENDEL PEST CONTROL CO PEST CONTROL-NOV 42.50

SCISWA LANDFILL FEES 22,239.18

SHARP EDGE TRIMMING LLC TREE REMVL 1,800.00

SHRED-IT USA SHREDDING 200.66

SHUTTS, BRAD MOWING 860.00

SHUTTS, DENNIS MICHAEL MOWING/SPRAYING 485.00

SIRCHIE FINGER PRINT LAB SUPPLIES 134.35

SIRSI DYNIX INC HORIZON ILS 24,028.73

SISCO SELF FUNDING 62,186.95

SITTIG, ZACHARY REIMB-MEALS 157.92

SMITH'S QUALITY RENTAL RENTAL 500.00

STEVE LINK FORD SVC 39.16

STOPSTICK, LTD SUPPLIES 318.00

SUMNER SERVICES LLC SNOW RMVL 112.50

TASC FLEX PLAN CONTRIBUTIONS 3,784.34

TEMP ASSOCIATES TEMP HIRES 5,595.24

THE STANDARD LIFE INSURANCE 704.84

TOTAL CHOICE SHIPPING & PR PRINTING 426.89

TRANS-IOWA EQUIPMENT, INC. PARTS 84.60

TREASURER STATE OF IOWA STATE WITHHOLDING 13,068.00

TRI-TECH FORENSICS, INC SUPPLIES 150.55

TRUGREEN LIMITED PARTNERSH SPRAYING 2,121.00

UNIFIRST CORPORATION SHOP TOWELS 61.96

UNIQUE MANAGEMENT SERVICES 5 PLACEMENTS 49.75

US BANK EQUIPMENT FINANCE COPIER LEASES 1,428.33

USA BLUE BOOK SUPPLIES 918.26

VAN BERGEN & MARKSON, INC. PUMP 1,419.83

VAN MAANEN ELECTRIC, INC. REP 149.87

VAN METER & ASSOCIATES SUB 165.00

VEENSTRA & KIMM 10TH AVE GEN SERV 23,493.65

VERIZON WIRELESS WIRELESS SVC 10/26/18-11/25/18 747.35

VOYA (ING) EMPLOYEE VOLTRY CONTR. 3,400.00

WALMART COMMUNITY (LIBRARY YA PROG 177.16

WATER ENVIRONMENT FEDERATI MBRSHP (JK/LA) 190.00

WATTS TECHNOLOGICS, INC SYMANTEC LIC RENEWAL 1,207.50








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WELLS FARGO FINANCIAL LEAS COPIER LEASE 1,067.00

WES FINCH AUTO PLAZA SVC 60.02

WINDSTREAM TELEPHONE 2,818.11

WINDSTREAM COMMUNICATIONS, PC SVC-OCT 2018 400.00

WOODMAN CONTROLS COMPANY TECH SUPPORT 1,050.00

WRH, INC PAY REQ NO. 10 1,374,978.99

** TOTAL ** -City of Grinnell 2,114,681.80 313,236.52- 1,801,445.28







R E P O R T T O T A L S

GROSS PAYMENTS BALANCE

PAID ITEMS 313,236.52 313,236.52CR 0.00

PARTIALLY PAID 0.00 0.00 0.00

UNPAID ITEMS 1,801,445.28 0.00 1,801,445.28

VOID ITEMS 0.00 0.00 0.00

** TOTALS ** 2,114,681.80 313,236.52CR 1,801,445.28

U N P A I D R E C A P

UNPAID INVOICE TOTALS 1,803,174.67

UNPAID DEBIT MEMO TOTALS 0.00

UNAPPLIED CREDIT MEMO TOTALS 1,729.39CR

** UNPAID TOTALS ** 1,801,445.28







FUND TOTALS

001 GENERAL FUND 140,273.84

002 VETERANS MEM - GEN 1,668.48

003 LIBRARY - GENERAL FUND 49,673.18

010 BUILDING & PLANNING - GEN 5,782.99

103 LIBRARY FUND STATE - GEN 718.36

110 ROAD USE FUND - SPEC REV 55,969.29

112 T&A EMP BEN- SPEC REV 95,311.15

138 MED INS RESERVE - SPEC RV 14,910.53

140 MFPRSI MED ONLY - SPEC RV 165.17

145 HOTEL/MOTEL TAX - SPC REV 6,203.95

167 LIBRARY GIFTS - SPEC REV 3,469.92

302 EAST ST RECON - CP 12,926.98

303 CAPITAL LOAN NOTES 2018 1,233.39

307 10TH AVE (WEST TO PARK) 1,279.64

310 CENTRAL PARK PROJECT 537.66

313 ITM/CITY HALL RELOCATION 513.40

314 CLN FY 18-19 1,656.04

350 AIRPORT DEV - CAP PROJ 72,200.90

360 SANITARY SEWER REHAB 2017 696.00

361 STORM WA QUALITY PROJECTS 1,318.00

378 WW TRMT PLANT PROJECT 1,391,879.54

491 GEN EQMT REP FUND- SP RV 859.97

610 WATER FUND 103,705.27

620 SEWER OPERATION AND MAINT 53,348.65

630 STORM SEWER FUND 23,475.58

670 SOLID WASTE 74,903.92

GRAND TOTAL 2,114,681.80

18th ANNUAL LUMINARY EVENT

It’s that time of year again! The Tenth Avenue Place Luminary night will be Saturday, December 15, 2018 from 5 to 9 p.m. Set up begins at 1 p.m. on Saturday, December 15. Lighting begins at 4:15 p.m. Pick up of luminaries begins at 8 a.m. on Sunday, December 16. The more the merrier! We need $100.00 to pay for the candles.

The Luminary party is from 6 to 8 p.m. at the home of Paul, Sheryl, Stiven and Julio Parmley, 1809 Tenth Avenue Place. Please join in holiday treats and beverages. Everyone is welcome!

Dick and Marsha Bachman 641-236-6998 Jennifer Krohn 641-821-0046 Paul and Sheryl Parmley 641-236-0293

RESOLUTION NO. 2018-127

A RESOLUTION TO APPROVE IMPROVEMENT PROJECTS AS SUBMITTED FOR PROPERTY AND REQUEST TAX EXEMPTION FOR THIS IMPROVEMENT ACCORDING TO GRINNELL URBAN REVITALIZATION PLAN – AMENDMENT No. 3 (Lynn Anderson, 6 Garden Cottage Lane). BE IT RESOLVED by the Grinnell City Council that the improvement project as listed below meets the requirements to qualify for tax exemption as stated in Grinnell Urban Revitalization Plan, and BE IT FURTHER RESOLVED that tax exemptions are subject to review by the Poweshiek County Assessor and that exemptions are not valid until improvements are completed. NOW, THEREFORE, BE IT RESOLVED that the Application for Urban Revitalization tax exemption as submitted for the following property is approved by the Grinnell City Council:

Urban Revitalization: (Lynn Anderson, 6 Garden Cottage Lane) All qualified real estate assessed as residential. 100% abatement on the first $75,000 for 5 years. Improvements must increase the assessed value of the building by a minimum of 10% and be in an amount not less than $10,000.

PASSED AND APPROVED THIS 3rd day of December, 2018. ____________________________ Dan F. Agnew, Mayor Attest: ____________________________________ P. Kay Cmelik, City Clerk/Finance Director

RESOLUTION NO. 2018-128

A RESOLUTION TO APPROVE IMPROVEMENT PROJECTS AS SUBMITTED FOR PROPERTY AND REQUEST TAX EXEMPTION FOR THIS IMPROVEMENT ACCORDING TO GRINNELL URBAN REVITALIZATION PLAN – AMENDMENT No. 3 (Deanne R. Grabinski, 1911 Belmont Drive). BE IT RESOLVED by the Grinnell City Council that the improvement project as listed below meets the requirements to qualify for tax exemption as stated in Grinnell Urban Revitalization Plan, and BE IT FURTHER RESOLVED that tax exemptions are subject to review by the Poweshiek County Assessor and that exemptions are not valid until improvements are completed. NOW, THEREFORE, BE IT RESOLVED that the Application for Urban Revitalization tax exemption as submitted for the following property is approved by the Grinnell City Council:

Urban Revitalization: (Deanne R. Grabinski, 1911 Belmont Drive) All qualified real estate assessed as residential. 100% abatement on the first $75,000 for 5 years. Improvements must increase the assessed value of the building by a minimum of 10% and be in an amount not less than $10,000.

PASSED AND APPROVED THIS 3rd day of December, 2018. ____________________________ Dan F. Agnew, Mayor Attest: ____________________________________ P. Kay Cmelik, City Clerk/Finance Director

Certificate of Occupancy City of Grinnell

This project has been inspected for conformance with the applicable codes in force when this project was constructed

and is hereby deemed to be in compliance therewith.

Use and Occupancy SINGLE- FAMILY HOME Certificate No. 20180381

Type of Construction: VB Zoning R-1

Name of Owner: THOMAS GRABINSKI Design Occupant Load: 0.00

Building Address 1911 BELMONT DR Sprinklers Required? NO

Special Stipulations:

Date: 11-29-2018 Building Official, City of Grinnell

Page 1 of 4

FOR DEPARTMENT USE ONLY

APPLICATION AND AGREEMENT FOR USE OF

HIGHWAY RIGHT-OF-WAY FOR UTILITIES ACCOMMODATIONForm 810025 (03-16)

APPLICANT (INDIVIDUAL OR COMPANY)

INSTALLATION TO BE ACCOMMODATED

Approval is hereby requested to enter within the state highway right-of-way for the accommodation of a utility installation as detailed on the attachments

and further described as follows.

Permit Number

First Name

ALANPhone Number641-791-3222

Ext.

Ext.

Last Name

KLEINMiddle Initial

R

Street Address

2800 1ST AVE EZIP Code

50208State

IACity/Town

NEWTON

Company Name

INTERSTATE POWER AND LIGHTPhone Number

641-791-3222

Highway Number

DOT Project Number Expiration/Completion Date

County

e-Mail Address

[email protected] e-Mail Address

The installation shall consist of:

Directional bore and pull in 335' of 2" plastic gas main 30" deep. This construction will take place on the West side of Hwy 146 at the intersection

of Horseshoe Dr in Grinnell.

and shall be located as shown on the detailed plan attached hereto. (See current Iowa Department of Transportation Utility

Accommodation Policy for submittal of detailed plan requirements. See Section 115.8 (3).)

WORK SITE LOCATION

The proposed work as described above is located in Section , Twp. ,

Range on Highway No. generally located (miles)

(direction) from (city, county line, or other landmark).Work proposed is more

specifically located as being from (Milepost #) and (Highway Station)

to (Milepost #) and (Highway Station) on the side of highway.

20

16

HORSESHOE DT

MM 20+.7

MM 20+.75 WESTSTA 3106+0

STA 3106-335

0146

80

http://www.iowadot.gov/traffic/pdfs/UtilityPolicy.pdf

Disclosure Statement: The information furnished on this form will be used by the Department of Transportation to determine approval or denial of the

application. Failure to provide all pertinent information will result in denial of the application. Information furnished is public information and copies may

be provided to the public upon request.

The utility company, corporation, applicant, permit holder or licensee, (hereinafter referred to as the Permit applicant) agrees with the

Iowa Department of Transportation (hereafter referred to as the Department) that the following stipulations and those special

requirements as listed on this document shall govern under this permit after it is approved by the Department.

A. General

1. The installation shall meet the requirements of local municipal, county, state, and federal franchise rules and regulations, regulations

and directives of the Iowa State Commerce Commission; the Iowa Department of Natural Resources, all rules and regulations of the

Department and any other laws or regulations applicable.

2. The Permit Holder shall be fully responsible for any future adjustments of the facilities within the established highway right-of-way

caused by highway construction or maintenance operations.

3. As per Section 115.8(8) of the Utility Accommodation Policy, As-Built plans are due within 90 days after completion of construction,

the utility owner shall submit to the district representative an as-built plan.

4. The work described in this permit shall be completed as proposed in compliance with the stipulations and special requirements

within one year from the date Department approval is received for said request. Failure on the part of the Permit Holder to abide by the

stipulations or in constructing the work described as stipulated and within the time frame stated shall render this agreement and

request null and void. The Permit Holder also agrees to save the State of Iowa and the Department harmless of any damages or

losses that may be sustained by any person, or persons, on account of the conditions and requirements of this agreement.

5. Non-compliance with any of the terms of the Department's policy, permit, or agreement, may be considered cause for shut-down of

construction operations, revocation of the permit, or withholding of relocation reimbursement and/or withholding of future application

approvals until compliance is confirmed. The cost of any work deemed necessary to be performed by the State in removal of non-

complying construction will be assessed against the Permit Holder.

Page 2 of 4

2. Before beginning any work in the highway right-of-way, it is the responsibility of the Permit Holder to obtain an easement from the

drainage district if necessary. The Department assumes no responsibility for advising the Permit Holder of each location of a drainage

district crossing. It is the Permit Holder's responsibility to locate these crossings and obtain any necessary easements or permission

from the drainage district. See Code of Iowa, Chapter 468 for additional information.

3. A copy of the approved permit shall be available on the job site at all times for examination by Department personnel.

4. Operations in the construction and maintenance of this utility installation shall be carried on in such a manner as to cause minimum

interference to or distraction of traffic on said highway.

6. The applicant shall seed and mulch all disturbed areas within the highway right-of-way and shall be responsible for the vegetative

cover until it becomes well established. Any surfaced areas such as driveways or shoulders and sodded waterways and plantings

which are disturbed shall be restored to their original condition. Any damage to any other underground facilities during installation shall

be repaired at the permit holder's expense.

7. All personnel in the highway right-of-way shall wear ANSI 107 Class 2 apparel at all times when exposed to traffic or construction

equipment.

8. As per Policy Section 115.4(9) parking or storage in the clear zone is prohibited. When not in actual use, vehicles, equipment and

materials shall not be parked or stored within the clear zone or median.

9. Unless specifically noted in Special Requirements section, all work performed within the right-of-way shall be restricted to 30

minutes after sunrise to 30 minutes before sunset.

10. Pedestals shall be placed within 12 inches of the right-of-way line.

11. All above and below ground appurtenances (pedestals, hydrants, drains, accesses, etc.) shall be marked with high visibility posts

and signs. The minimum height requirement for the signs shall be 5 foot. Urban Roadway Sections may be exempted with department

approval.

C. Liability

1. To the extent allowable by law, the Permit Holder agrees to indemnify, defend, and hold the Department harmless from any action

or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of the Permit

Holder's facilities. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Department's application

review and approval process, plan and construction reviews, and funding participation.

2. The Permit Holder shall indemnify and save harmless the State of Iowa, its agencies and employees, from any and all causes of

action, suits at law or in equity, for losses, damages, claims or demands, and from any and all liability and expense of whatsoever

nature, arising out of or in connection with the Permit Holder's use or occupancy of the public highway.

3. The State of Iowa and the Department assume no responsibility for damages to the Permit Holder's property occasioned by any

construction or maintenance operations on said highway if the facilities are not located in accordance with this permit.

4. The State of Iowa, its agencies or employees, will be liable for expense incurred by the Permit Holder in its use and occupancy of

the highway right-of-way only when negligence of the State, its agencies or employees, is the sole proximate cause of such expense.

Whether in contract, tort or otherwise, the liability of the State, its agencies and employees, is limited to the reasonable, direct expense

to repair damaged utilities, and in no event will such liability extend to loss of profits or business, indirect, special, consequential or

incidental damages.

D. Notification

1. The Permit Holder is responsible for contacting Iowa One-Call (1-800-292-8989) and request the location of all underground utilities

forty-eight (48) hours before excavation. Before beginning work in the highway right-of-way, the Permit Holder shall also contact any

other known utility located in the area of the proposed work.

2. The Permit Holder agrees to give the Department forty-eight (48) hour notice of its intention to start construction or to perform

routine maintenance on the highway right-of-way. Said notice shall be made to the local DOT contact person whose name is shown on

Page 3.

3. 511 Notification-In accordance with Iowa Code section 321.348, cities and utilities may not obstruct or close primary highways or

primary highway extensions (State highways within city limits) without prior consent of the Iowa DOT, except in emergency

situations. Before setting up a lane closure or a vertical/horizontal restriction of any kind on a primary highway, call your local Iowa

DOT Maintenance garage and call the Traffic Management Center per attached documents. Except in emergency situations, a 10 day

advance notice is required.

Permit Number:

E. Buy America

Buy America applies to relocations of utility facilities that must move due to highway projects under certain specific conditions that

include reimbursable locations and relocations due to interstate projects.

Please contact the Department's District Engineering Operation Technician (EOT) for more information on Buy America requirements

or visit the following link: http://www.iowadot.gov/traffic/utility/utility.html

B. Construction and Maintenance

1. The location, construction and maintenance of the utility installation covered by this application shall be in accordance with the

current Department's Utility Accommodation Policy. http://www.iowadot.gov/traffic/pdfs/UtilityPolicy.pdf

5. Traffic protection shall minimally be in accordance with Part VI of the current Manual on Uniform Traffic Control Devices for Streets

and Highways. The applicant shall be responsible for correctly using traffic control devices including signs, warning lights, and

channelizing devices as needed while work is in progress or the clear zone is impacted. Flagging operations are the responsibility of

the applicant. The Department's TC XXX Series Standards are the preferred traffic control specification plans.

http://www.iowadot.gov/design/stdplne_tc.htm

http://www.iowadot.gov/traffic/utility/pdfs/511UtilityNotification.pdf

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LIIST OF UTILITIES ALLAINT ENERGY WINDSTREAM COMM CITY OF GRINNELL POWESHIEK WATER MEDIA COM

Documents

AGENDA AND CONSENT AGENDA