Public hearing on proposal to convey real estate from Linn County, Iowa to the City of Hiawatha, Iowa and to Next Level 22 Properties, LLC

Transcription

1 BOARD OF SUPERVISORS District 1 James Houser District 2 Stacey Walker District 3 Ben Rogers District 4 Brent Oleson District 5 John Harris 935 2ND ST. SW CEDAR RAPIDS, IA PH: LinnCounty.org LINN COUNTY BOARD OF SUPERVISORS MEETING AGENDA Monday, August 20, a.m. Informal Board Room Jean Oxley Public Service Center 935 2nd St. SW, Cedar Rapids, IA Call to Order Public Comment: Five Minute Limit per Speaker This comment period is for the public to address topics on today s agenda. Minutes Discuss and decide on meeting minutes. Public hearing on proposal to convey real estate from Linn County, Iowa to the City of Hiawatha, Iowa and to Next Level 22 Properties, LLC Discuss and decide on a resolution entitled Approving Conveyances of Real Property related to real estate located in Hiawatha, Iowa previously or currently owned by the City of Hiawatha, Iowa, Linn County, Iowa, and Next Level 22 Properties LLC, and approving and authorizing the Chair to sign the Real Estate Exchange Agreement and execute the Quit Claim deeds related to said real estate Public hearing to change the name of a portion of a private lane from Aviary Lane to Louis Lane Public hearing and first consideration on An Ordinance Amending the Code of Ordinances, Linn County, Iowa by Amending Provisions in Chapter 105, Article II, Building Public hearing and first consideration on An Ordinance Amending the Code of Ordinances, Linn County, Iowa by Amending Provisions in Chapter 105, Article IV, Mechanical Presentation of the Management and Non-Bargaining Job Evaluation and Compensation Study Report Discuss a Vacancy Form requesting 2 Temporary Medical Assistant positions for Public Health, the Clinical Services Branch Discuss and authorize Chair to sign Public Bidder Tax Sale Certificate Assignment Agreements for three properties. Discuss and authorize Chair to sign a lease agreement with the City of Hiawatha for.72 acres for a dog park. Discuss migration to Tyler Technologies Property Tax Management System Discuss proposal from Amperage Marketing to design stationery sets for the Linn County Attorney s Office and Linn County Sheriff s Office. Discuss and authorize Chair to sign a letter of support for the Legion Art s application for a National Endowment for the Arts Our Town grant.

2 Approve Liquor License for Edith Lucielle s Bait Shack, 6913 Mt. Vernon Rd. SE, retroactive to August 14, noting all conditions have been met. Public Comment: Five Minute Limit per Speaker This is an opportunity for the public to address the board on any subject pertaining to board business. Payroll Authorizations Discuss and decide on Employment Change Roster (payroll authorizations). Claims Discuss and decide on claims. Correspondence Appointments Closed Session JOINT MEETING WITH LINN COUNTY CONSERVATION BOARD 12:00 p.m. Special Meeting Informal Board Room The Conservation Board will go into a closed session to discuss the acquisition of particular real estate in accordance with Section 21.5 (1)(j) of the Iowa Code. Adjournment For questions about meeting accessibility or to request accommodations to attend or to participate in a meeting due to a disability, please contact the Board of Supervisors office at or at bd-supervisors@linncounty.org.

3 RESOLUTION # APPROVING CONVEYANCES OF REAL PROPERTY WHEREAS, Linn County, Iowa, recently received title to parcels of real estate from the City of Hiawatha, Iowa, described as follows: and 665 Boyson Road, lot 16 of Auditor s Plat No Boyson Road, lot 17 of Auditor s Plat No Boyson Road, lot 18 of Auditor s Plat No Kainz Drive, lot 23 of Auditor s Plat No. 372 WHEREAS, Linn County, Iowa, anticipates receiving title to a parcel of real property from Next Level 22 Properties, LLC, described as follows: South 42 rods SE ¼ NE ¼ Section , lying E-ly of Highway 150, Linn County, Iowa and that Part of the South ½ SW ¼ NW ¼ Section , lying W-ly right of way of the Illinois Central Railroad Company except P.B.I. First Addition to the City of Hiawatha, Linn County, Iowa and except that part described as follows: Commencing at the West corner, of said Section 33 and proceeding feet along the E-ly right-of-way line of the W.C.F. & N.R.R. being a foot radius curve concave-e-ly with a long chord of feet and bearing North East; thence North 1208 East, feet; thence South East, feet; thence South West, 69.0 feet; thence feet along the W-ly right-of-way line of the I.C, Gulf R.R. being on a foot radius curve concave E-ly with a long chord of feet and bearing South West, thence North West, 10.1 feet to the point of beginning and further except the rightof-way of the W.C.F. & N.R.R. Co. and further excepting Manley s First Addition to the City of Hiawatha, Linn County, Iowa and further excepting the Public Highway. WHEREAS, the City of Hiawatha, Iowa, has need for and has requested the abovedescribed real property conveyed to Linn County, Iowa, by Next Level 22 Properties, LLC, and Next Level 22 Properties, LCC, has need for and has requested the above-described property conveyed to Linn County, Iowa, by the City of Hiawatha, Iowa, and

4 RESOLUTION # WHEREAS, the above-described real property was conveyed to Linn County, Iowa, solely for the purpose of affecting an exchange of the real property between the City of Hiawatha, Iowa, and Next Level 22 Properties, LLC; and WHEREAS, after public hearing, it has been determined by the Board of Supervisors, Linn County, Iowa, that Linn County, Iowa, shall convey by Quit Claim Deed title to the abovedescribed parcels to the City of Hiawatha, Iowa, and Next Level 22 Properties, LLC. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors, Linn County, Iowa, this date met in lawful session, that a conveyance by Quit Claim Deeds for above-described parcels be made. BE IT FURTHER RESOLVED that the Chairperson of the Board of Supervisors, Linn County, Iowa, be authorized to sign the Real Estate Exchange Agreement and execute the Quit Claim Deeds for said parcels described above to the City of Hiawatha, Iowa, and to Next Level 22 Properties, LLC. Dated at Cedar Rapids, Linn County, Iowa, this day of, LINN COUNTY BOARD OF SUPERVISORS AYE: NAY: ABSTAIN: CHAIRPERSON SUPERVISOR SUPERVISOR SUPERVISOR SUPERVISOR 2 P a g e

5 RESOLUTION # ATTEST: JOEL D. MILLER, Linn County Auditor STATE OF IOWA ) ) ss: COUNTY OF LINN ) I, Joel D. Miller, County Auditor of Linn County, Iowa, hereby certify that at a regular meeting of the Board of Supervisors, Linn County, Iowa, the foregoing was duly adopted by a vote of aye, nay and abstained from voting. JOEL D. MILLER Subscribed and sworn to before me by the aforesaid on this day of, NOTARY PUBLIC STATE OF IOWA 3 P a g e

6 REAL ESTATE EXCHANGE AGREEMENT AGREEMENT made May, 2018, between Next Level 22 Properties, LLC ( Next Level ), an Iowa limited liability company, and Linn County, Iowa ( Linn County ). WHEREAS: Next Level owns certain property originally obtained for investment and business purposes, and Linn County is willing to take ownership of the property so that it can be put to use for the public purpose of assisting the City of Hiawatha to establish a dog part; and Linn County owns certain nearby property that it is willing to transfer to Next Level to be used for Next Level s investment and business purposes, provided that the property remains subject to restrictions ensuring that it will also be available for public use and overflow parking in connection with the Cedar Valley Nature Trail and the future Hiawatha City Dog Park; and The parties desire to exchange property to facilitate their intended purposes. THEREFORE Next Level and Linn County agree as follows: 1. Transfer by Next Level. Next Level agrees to transfer and convey to Linn County, a fee simple interest in that property legally described as follow: South 42 rods SE ¼ NE ¼ Section , lying E-ly of Highway 150, Linn County, Iowa and that Part of the South ½ SW ¼ NW ¼ Section , lying W-ly right of way of the Illinois Central Railroad Company except P.B.I. First Addition to the City of Hiawatha, Linn County, Iowa and except that part described as follows: Commencing at the West corner, of said Section 33 and proceeding feet along the E-ly right-of-way line of the W.C.F. & N.R.R. being a foot radius curve concave-e-ly with a long chord of feet and bearing North East; thence North 1208 East, feet; thence South East, feet; thence South West, 69.0 feet; thence feet along the W-ly right-of-way line of the I.C, Gulf R.R. being on a foot radius curve concave E-ly with a long chord of feet and bearing South West, thence North West, 10.1 feet to the point of beginning and further except the right-ofway of the W.C.F. & N.R.R. Co. and further excepting Manley s First Addition to the City of Hiawatha, Linn County, Iowa and further excepting the Public Highway; subject to all covenants and restrictions of record. 2. Transfer by Linn County. Linn County agrees transfer and convey to Next Level title to that property legally described as Jim Radig

7 Lots 16, 17 and 18 of Auditor s Plat No. 372, commonly known as 665 and 675 Boyson Road, Hiawatha and Lot 23 of Auditor s Plat No. 372, commonly known as 710 Kainz Drive, Hiawatha subject to all covenants and restrictions of record, and subject to the reservation of rights for the benefit of the public specified in Section 4 of this Agreement. 3. No Additional Consideration. The parties agree that the exchange of real estate shall occur without the transfer of any additional consideration. 4. Reservation of Rights for Public Use. The deed for Lots will contain a public use restriction and reversion clause requiring Next Level to maintain the storm water detention use of the property. The deed for Lot 23 will contain a public use restriction and reversion clause requiring Next Level to allow use of the lot for overflow parking for users of the Cedar Valley Nature Trail. 5. Real Estate Taxes. At time of closing the parties will calculate and pay to each other a prorated amount of the real estate taxes that will come due on their respective properties for the fiscal year, based upon the last known tax obligation. Next Level will also pay and deliver to Linn County the known or estimated amount that will come due for real estate tax for the fiscal year. 6. Deeds; Abstract. Next Level will convey the real estate by delivery of a general Warranty Deed; and Linn County will convey the real estate by Quit Claim deeds conveying title free of all encumbrances except those listed in this Agreement. Contemporaneously with the exchange of deeds, Next Level will deliver to Linn County the abstract of title to each parcel it is conveying. 7. Contingencies, Default. Performance of this Agreement is contingent upon formal approval of this Agreement by the Linn County Board of Supervisors, following legally required notice and public hearing; and is further contingent upon each party being satisfied with the merchantability of the title being delivered. Upon failure of either contingency, or if either party is otherwise unable to convey title in accordance with the terms of this Agreement, the Agreement may be cancelled at the election of either party. 8. Closing. The closing shall be held within ten (10) business days after the Linn County Board of Supervisors passes a Resolution approving this Agreement, or later as the parties may mutually agree. 10. Binding effect. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, and permitted assigns Draft Exchange Agreement Page 2 of 3

8 11. Entire agreement; modification. This instrument constitutes the entire agreement between the parties. No modification of this Agreement shall occur until the terms of the modification have been approved in writing by both parties. 12. Time of essence. Time is of the essence of this agreement. NEXT LEVEL 22 PROPERTIES, LLC LINN COUNTY, IOWA By: David Wright, Manager By: Draft Exchange Agreement Page 3 of 3

9 Prepared by and Return to: Mark J. Parmenter, Lederer Weston Craig PLC, 118 Third Avenue SE, P.O. Box 1927, Cedar Rapids, IA 52406; (319) Taxpayer: Next Level 22 Properties, LLC, 3100 N. Center Point Road, Cedar Rapids, IA QUIT CLAIM DEED For the consideration of One Dollar(s) and other valuable consideration, Linn County, Iowa, does hereby Quit Claim to Next Level 22 Properties, LLC, all our right, title, interest, estate, claim and demand in the following described real estate in Linn County, Iowa: Lots 16, 17 and 18 of Auditor s Plat No. 372, excepting Parcel A, Plat of Survey No. 1952, Linn County, Iowa so long as the Grantee allows the above-described real property to be used as a public use for storm water detention, title shall remain in Grantee. In addition, Grantee accepts the above-described real property containing storm water detention. Grantee agrees to be responsible for all operations, maintenance and repairs of the storm water detention according to Chapter 162 of the Hiawatha Code of Ordinance, or any amendments to the Code. In the event of the breach, violation or failure to perform any provision of the foregoing conditions by Grantee, all rights and interests of Grantee hereunder shall automatically terminate, and title and possession of the above-described real property shall automatically vest in Grantor. This deed is exempt according to Iowa Code 428A.2(21). Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: LINN COUNTY, IOWA By: Name

10 STATE OF IOWA, COUNTY OF LINN by This instrument was acknowledged before me this day of, 2018, on behalf of Linn County, Iowa. Signature of Notary Public

11 Prepared by and Return to: Mark J. Parmenter, Lederer Weston Craig PLC, 118 Third Avenue SE, P.O. Box 1927, Cedar Rapids, IA 52406; (319) Taxpayer: Next Level 22 Properties, LLC, 3100 N. Center Point Road, Cedar Rapids, IA QUIT CLAIM DEED For the consideration of One Dollar(s) and other valuable consideration, Linn County, Iowa, does hereby Quit Claim to Next Level 22 Properties, LLC, all our right, title, interest, estate, claim and demand in the following described real estate in Linn County, Iowa: Lot 23 of Auditor s Plat No. 372, Linn County, Iowa so long as the Grantee allows the above-described real property to be used as a public use for overflow parking for the Cedar Valley Nature Trail, title shall remain in Grantee. In the event of the breach, violation or failure to perform any provision of the foregoing conditions by Grantee, all rights and interests of Grantee hereunder shall automatically terminate, and title and possession of the above-described real property shall automatically vest in Grantor. This deed is exempt according to Iowa Code 428A.2(21). Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: LINN COUNTY, IOWA STATE OF IOWA, COUNTY OF LINN By: Name by This instrument was acknowledged before me this day of, 2018, on behalf of Linn County, Iowa. Signature of Notary Public

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29 TO Linn County Board of Supervisors FROM: Steve Tucker RE: Tyler Technologies Property Tax Management System Recommendation DATE: August 20, 2018 On March 5, 2018 the Board of Supervisors authorized the Finance Director to assemble a team to evaluate alternative tax and financial software programs. While not a Board appointed committee, members of the Board stated there should be Auditor and Treasurer representation on the team. This authorization was subsequent to the County Auditor initiating a property tax software demonstration by Tyler Technologies ( Tyler ). Review Team The Tax, Finance, and Personnel (TFP) team selected by the Financial Director included: Dawn Jindrich - Linn County Budget Director Karen Heiderscheit - Linn County Finance and Budget Accounting Analyst Sara Bearrows Linn County Treasurer Chief Deputy Treasurer Stacey Law Linn County Auditor Deputy Jerry Witt Linn County Assessor Beth Weeks - City of Cedar Rapids Assessor Lisa Powell Linn County Human Resource Director While not part of the team, the IT Director, IT Development Manager, the Auditor s Office Accounting Analyst, and members of HR participated in meetings. Meetings The following meetings were held: 02/27/18 Tyler assessment, real estate, and property tax software demonstration 03/21/18 TFP team kickoff meeting 04/06/18 HR/Finance on site review of the Dubuque County Tyler financial and personnel software programs 04/26/18 Tyler financial /personnel software programs demonstration 05/03/18 TFP team follow-up meeting 05/24/18 Meeting with Senior Account Manager of Infor (an enterprise software provider) 06/28/18 Two-day additional Tyler financial/personnel software demonstrations 07/30/18 TFP team discussion of Tyler Tax software 08/02/18 Infor financial/supply management/human capital demonstration

30 TFP Meetings Summary Summarized below is TFP team feedback regarding a potential property tax migration to Tyler: Advantages Iowa code knowledge o System developed for Iowa counties o Valuations o Credits/exemptions o State reports o Deadlines Experience with other Iowa counties using Tyler o 54 Iowa counties currently using Tyler Confer with other counties Improved integration o City and County Assessor s existing familiarity with Tyler o One real estate/tax system Eliminate current importing issues Assessors, Auditor, and Treasurer can view each other s files Ease in discussing parcel issues between offices Eliminate duplication of duties between Assessors and Auditor Expedited TIF process User friendly reports Address changes Significantly reduce or potentially eliminate manual monthly distributions Concerns Cost (estimated) o Implementation and conversion - $250,000 Payment due prior to go-live SaaS (software as a service) licensing and delivery terminates if late payment beyond 45 days o Annual subscription - $135,000 (five year agreement) May not be all inclusive as to interfaces Automatic renewal after fifth year Tyler system style/logic Fat Client o User s computer contains its own application in the machine New programs are installed on the local hard drive Updates pushed out to individual PCs rather than one mass update o System may run slower and require large amount of memory

31 Concerns (continued) Tyler Support o Initial training o Maintenance schedule o Categorization of issues Summary All TFP team members were in full support of migrating to the Tyler system. IT recognized the advantages of having both assessors and the County on the same system and Tyler s Iowa code knowledge. The TFP team is aware that migration will most likely not occur until January IT cautioned the team that it anticipates the system will run slow and require a large amount of memory not required by the current system. Recommendations While the TFP team understands the potential performance issues, those issues do not outweigh the advantages cited. It is recommended that the County migrate to the Tyler Tax System with the stipulation that prior to approving the SaaS, concerns on the timing of payments to Tyler and Tyler support be resolved. There was considerable discussion and a number of demonstrations related to financial and human resources software applications. The TFP team believes more exploration is needed prior to any recommendations. It may be beneficial to postpone a decision on migration until completion of the tax system migration.

32 1 Linn County Sheriff and County Attorney Stationary August 3, 2018 Objective AMPERAGE will create two stationary sets, one for the Sheriff and another created for the County Attorney. SCOPE OF WORK AMPERAGE will provide two designs for the Sheriff stationary and two designs for the County Attorney Stationary. The bid includes two rounds of changes to the templates. Any changes after the second round will be billed at $120 per hour. Linn County will own the final in-design files. AMPERAGE will deliver electronic files. Print coordination and shipping are not included in this quote. By signing below, Linn County agrees to the terms of this agreement, including all items in the section titled Scope of Work. Stationary Sheriff $ 400 Stationary County Attorney $ 400 Total Investment $. 800 An initial installment of one half of the total investment will initiate the project. The investment includes all costs related to the design of the Sheriff and County Attorney stationary. This agreement does not include printing or out-of-pocket expenses such as sales tax. Target deadlines and timelines will be determined upon receipt of the signed quote. The quote is subject to revision and may include a 10% contingency fee if the scope of work is changed at the client s request. Quote is valid for 60 days. AMPERAGE reserves the right to bill for work in progress. Upon completion of the job, the remainder of the cost then outstanding will be billed. Client approval to proceed with project: Signature Date

33 August 20, 2018 To Whom It May Concern: The Linn County Board of Supervisors is pleased to offer its support for the application of Legion Arts for a National Endowment for the Arts Our Town grant. For more than two decades, Legion Arts has been a leading and influential exponent of cultural diversity in Linn County. Along with other forward-thinking organizations, it is currently seeking ways to better serve the substantial numbers of refugees, immigrants and other newcomers now residing in our community. Legion Arts proposed project would deploy artists and use the arts to connect these newcomers to each other, to their neighborhoods, and to the larger community. The artwork created through the project would be integrated into a new pedestrian trail running through several of the neighborhoods, and potentially onto the campus of Linn County s new Dr. Percy and Lileah Harris Building currently under construction in one of the neighborhoods. The Linn County Board of Supervisors strongly supports Legion Arts application for an Our Town grant, and we urge your positive consideration. Sincerely, John Harris Chair