LINN COUNTY BOARD OF SUPERVISORS CEDAR RAPIDS, LINN COUNTY, WEDNESDAY, AUGUST 1, 2018 10:00 A.M.

The Board met in session at the Linn County Jean Oxley Public Service Center. Present: Chairperson Harris, Vice Chairperson Houser, Supervisors Rogers and Walker (via phone). Absent: Supervisor Oleson (personal business). Board members voting “AYE” unless otherwise noted.

Chairperson Harris called the meeting to order and led the Pledge of Allegiance.

Motion by Houser, seconded by Rogers to approve Consent Agenda as follows:

Approve and authorize Chair to sign a Vacancy Form requesting a Grant Coordinator for the Linn County Community Services Early Childhood Iowa

Approve and authorize Chair to sign a Vacancy Form requesting a Youth Services Supervisor for Juvenile Detention & Diversion Services.

Approve and authorize Chair to sign a Vacancy Form requesting an Office Coordinator 1 for Conservation

Resolution 2018-8-97 Establishment of Speed Zone WHEREAS, a PCC paving project is to be completed on Edgewood Road, and WHEREAS, portions of Edgewood Road are in Cedar Rapids, Hiawatha and unincorporated Linn County, and WHEREAS, it is good engineering practice to provide uniform, consistent speed limits. NOW THEREFORE BE IT RESOLVED by the Board of Supervisors, meeting in regular session, and upon recommendation of the Linn County Engineer that the public would be better served and safety enhanced by changing the speed limit as follows and further directs the Linn County Engineer to cause the erection of the proper signing which shall be legal, valid and enforceable. 35 mph on the county portion of Edgewood Road from Tower Terrace Road to County Home Road in sections 18, 19 & 30-84-7.

Resolution 2018-8-98 RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR TRAFFIC SAFETY IMPROVEMENT PROGRAM (TSIP) FUNDING FOR THE INTERSECTION OF IOWA HIGHWAY 100 AND SOUTH 31ST STREET TO CONVERT THE 2-WAY STOP CONTROLLED INTERSECTION TO TRAFFIC SIGNALS WITH TURN LANES. WHEREAS, the Iowa Department of Transportation has established the TSIP and provides funding for locations where vehicular safety is a concern and documented. WHEREAS, the Iowa Highway 100 and South 31st Street intersection has been identified as a location where vehicular safety could be improved and funded by TSIP. WHEREAS, the improvements installing traffic signals with turn-lanes will help reduce crashes and improve traffic operations. NOW THEREFORE, BE IT RESOLVED BY THE LINN COUNTY BOARD OF SUPERVISORS, that: 1. The Board of Supervisors supports the application for TSIP funding. 2. The Board of Supervisors hereby commits the additional County funds necessary for the construction of the project beyond any TSIP funding as per County jurisdictional limits.

Resolution 2018-8-99 WHEREAS, a final plat of MIDAMERICAN FIRST ADDITION (Case #JF17-0011) to Linn County, Iowa, containing three (3) lots, numbered Lot 1, Outlot A and Lot A, has been filed for approval, a subdivision of real estate located in the SW SW of Section 7, Township 83 North, Range 6 West of the 5th P.M., Linn County, Iowa, described as follows: Commencing at the Southwest Corner of Section 7, Township 83 North, Range 6 West of the Fifth Principal Meridian; thence N1 008'05'W along the west line of the Southwest Quarter of said Section 7, a distance of 821.37 feet to the westerly extension of the south line of Lot 2, Morris Second Addition to Linn County, Iowa; thence N88051 '55"E, 40.00 feet to the east right of way of East Post Road; thence continuing N88 0 51'55"E along said south line of Lot 2 and it's westerly extension, 150.00 feet; thence Sl 0 08'05"E along the west boundary of Lot 1 of said Morris Second Addition, 200.00 feet; thence S88 0 51 '55"W along the north line of Morris First Addition and it's westerly extension, 150.00 feet to said east right of way of East Post Road; thence NI 0 08'05W along said east right of way, 200.00 feet to the point of beginning. Said parcel contains 0.69 acre, subject to easements and restrictions of record. WHEREAS, said plat is accompanied by a certificate acknowledging that said subdivision is by, and with the free consent of the proprietors, and is accompanied by a certificate dedicating certain property to the public, as shown on the plat; and WHEREAS, said plat and it’s attachments thereto have been found to conform to the requirements of the comprehensive plan and the subdivision ordinance; and the requirements of other ordinances and state laws governing such plats; and WHEREAS, the following conditions as listed on the Planning and Development Staff Report of NOVEMBER 15, 2017 as last amended on DECEMBER 7, 2017 have been addressed: LINN COUNTY ENGINEERING DEPARTMENT Entrance permit required for new entrances and existing unpermitted entrances, Sec.11 and the Unified Development Code, Article 4, Sec. 8B § 9(e). One entrance per parcel is allowed. An additional access may be allowed with justification and permit. Dedication of road rights-of-way, County Standard Specifications, Section 5. 60’ of right-of-way on East Post Road adjacent to development shall be dedicated to Linn Page 2 August 1, 2018

County for road purposes. Road agreement for conditions applicable to final plat cases. County Standard Specifications, Section 1. IOWA DEPARTMENT OF TRANSPORTATION Not within the jurisdiction of the Iowa Department of Transportation. LINN COUNTY PUBLIC HEALTH DEPARTMENT No conditions to be met. NATURAL RESOURCES CONSERVATION SERVICE No conditions to be met. LINN COUNTY CONSERVATION DEPARTMENT No conditions to be met. LINN COUNTY EMERGENCY MANAGEMENT No conditions to be met. LINN COUNTY 911 COORDINATOR E-911 address sign is required to be located at driveway entrance. Street designation signs and E-911 address signs to be applied for at Linn County Secondary Roads Department, 319-892-6400.LINN COUNTY PLANNING AND DEVELOPMENT - ZONING DIVISION Various revisions to the site plan and final plat. Prior to approval of the final plat, the owner must sign an “Acceptance of Conditions” form. The “Acceptance of Conditions” form states that the owner understands and agrees to comply with the agreed upon conditions as stated in the staff report. This plat lies within the 2 mile jurisdiction of the City of Marion. As per Chapter 354 of the Code of Iowa, a certified resolution by any municipality that has authority to review the plat to either approve the plat or waive its right to review must be provided. Approval of utility and drainage easements by the appropriate companies with all easements marked on the final plat bound copies. The proposed subdivision name and proposed names of all roads, streets and lanes shall be submitted for review and approval by the Linn County Auditor’s office prior to approval of the final plat. All conditions of rezoning case JR17-0003 shall be met prior to approval of final plat bound copies. Rezoning case JR17-0003 will be finalized when final plat bound copies are ready to be approved by the Linn County Board of Supervisors. One original and 3 complete copies of the final plat bound documents that must include the following: Owner’s certificate and dedication certificate executed in the form provided by the laws of Iowa, dedicating to Linn County title to all property intended for public use, including public roads Title opinion and a consent to plat signed by the mortgage holder if there is a mortgage or encumbrance on the property as well as a release of all streets, easements, or other areas to be conveyed or dedicated to local government units within which the land is located Surveyor's certificate Auditor’s certificate Resolution of the Planning and Zoning Commission Resolution of the Board of Supervisors Resolution of approval or waiver of review by applicable municipalities Treasurer’s certificate Agricultural Land Use Notification. The landowner shall ensure that such notification shall be attached to the deed and shall become a separate entry on the abstract of title for all the property that is subject of the permit or development as per Article 5, Section 1, § 8 of the Unified Development Code. Restrictive covenants or deed restrictions, as separate instruments, not combined with any other instrument Three (3) copies of the surveyor's drawing A covenant for a secondary road assessment The final plat bound documents must be approved by the Linn County Board of Supervisors on or before FEBRUARY 19, 2019 as per Article 4, Section 8A (7), and shall be recorded within 1 year of that approval, as per Article 4, Section 8B(6) of the UDC. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors, of Linn County, Iowa, that said plat is hereby approved. The Board of Supervisors and County Engineer are hereby authorized to enter approval upon the final plat resolution. The Board of Supervisors’ Chairperson is also hereby authorized to sign said plat which executes an acceptance of dedication of property to the public, as shown on said plat. NOW, THEREFORE BE IT FURTHER RESOLVED, by the Board of Supervisors, of Linn County, Iowa, that said plat and plat proceedings shall not be changed or altered in any way, without the approval of the Linn County Board of Supervisors. Said plat and plat proceedings shall be recorded to be valid.

Resolution 2018-8-100 AN AMENDMENT TO THE LINN COUNTY 2000 RURAL LAND USE MAP BE IT RESOLVED by the Board of Supervisors, Linn County, Iowa, that the following amendment, Case JA18-0001, be made to the Rural Land Use Map of the Linn County Comprehensive Plan, dated July 19, 2013: Amend the Rural Land Use Map designation from MUSA (Metro Urban Service Area) to RRD2 (Rural Residential 2 Acre Development Area) and CNRA (Critical Natural Resource Area) on the Linn County Rural Land Use Plan Map for the property. See Attachment A. Page 3 August 1, 2018

ATTACHMENT A

152025200200000 BLEAKLEY RICHARD A TRUST & FRANCES E160' N238' SE SE NE 19-83-6 & N238' 151922600100000 BOATMAN DENNIS & KATHERYN TRUSTS TIMBERHILL PT LOT 1 151835100200000 BOATMAN DENNIS & KATHERYN TRUSTS TIMBERHILL PT LOT 1 151910100200000 CEDAR RAPIDS CITY OF PT E1/2 NE DESC V1483 P447 SEC 19 151845100100000 CEDAR RAPIDS CITY OF S. #1080 REVISED SEC 18 TWP 83 R 6 151920100200000 CEDAR RAPIDS CITY OF NW'LY DIAG 1/2 W575' N1940' E1/2 151925100100000 CEDAR RAPIDS CITY OF W1/2 NW-LYG NW'LY OF INTER-EX 152035100100000 CEDAR RAPIDS CITY OF S1/2 NW SW-EX W453' & N1/2 SW 151847600400000 CEDAR RAPIDS CITY OF PT SW SE SE FOR PARK V1483 P447 SEC 151932601200000 CEDAR RAPIDS CITY OF NW SW-N OF INTER SEC 19 TWP 83 R 6 152025100100000 CEDAR RAPIDS CITY OF PT N3/4 W1/2 W1/2 DESC V1483 P448 151847600700000 GOLOBIC ANTON 2011 REV TRUST SW SE SE LYG E OF PT SOLD TO CITY OF 151910100300000 GOLOBIC KATIE N & GOLOBIC MARTIN N NE NE LYG NE'LY INDIAN CREEK EX PT TO 151927600100000 GORECKI JAMES J & GORECKI SUSAN R INDIAN CREEK WOODS 2ND LOT 1 151917600300000 HADRAVA LELA M HADRAVA'S 1ST LOT 2 151920100400000 KELLY MICHELE R & KELLY STEVEN M INDIAN CREEK WOODS 2ND LOT 3 151920100300000 KLINGER JAMES B INDIAN CREEK WOODS 2ND LOT 2 151927600200000 LEEFERS JOHN INDIAN CREEK WOODS 1ST LOT 1 151927600300000 LEEFERS NANCY A S763.85' SE NW-EX CITY SEC 19 TWP 83 151920100100000 LONEY BRIAN T N634.25' NE NW-EX CITY SEC 19 TWP 83 151917600400000 MC CLAIN GEORGE W & MC CLAIN HADRAVA'S 1ST LOT 1 151845100300000 STACO CORP SE SW SE SEC 18 TWP 83 R 6 151912600100000 STACO CORP E1/2 NW NE SEC 19 TWP 83 R 6 151845100200000 STACO CORP E594' SW SW SE-EX NW DIAG 1/2 W494' 151912600200000 STACO CORP W1/2 W1/2 NE-EX W66' SEC 19 TWP 83 151847600800000 STACO CORP SW SE SE LYG W OF PT SOLD TO CITY OF 151915100100000 STACO CORP E1/2 SW NE SEC 19 TWP 83 R 6 152022600100000 STACO INVESTMENT CORP W1/2 NW-EX N230' W680' & N1/2 NW Page 4 August 1, 2018

152025200100000 STACO INVESTMENT CORP N1/2 SW NW & NW NW-W OF RD SEC 151917600100000 STACO INVESTMENT CORP N1/2 SE NE-EX CITY OF CEDAR RAPIDS 151910100400000 STACO INVESTMENT CORP NE NE LYG SW'LY INDIAN CREEK EX PT TO 152027600100000 STACO INVESTMENT CORP S20' LOT 2 IRR SUR NW & N50' LOT 3 IRR 152027600200000 STACO INVESTMENT CORP LOT 4 IRR SUR NW SEC 20 TWP 83 R 6 151917600200000 STACO INVESTMENT CORP SW SE NE SEC 19 TWP 83 R 6 152032600100000 STACO INVESTMENT CORP N1/2 NW SW & SW NW ALL W OF CITY & 141347600700000 TPC DEVELOPMENT LLC A.P. #509 LOT 1 EX HILLTOP FARM 1ST & 151835100400000 TPC DEVELOPMENT LLC HILLTOP FARM 1ST LOT 1 - EX TH PT IN 151835100500000 TPC DEVELOPMENT LLC A.P. #509 LOT 1 EX HILLTOP FARM 1ST & 141347600600000 TPC DEVELOPMENT LLC HILLTOP FARM 1ST LOT 1 EX TH PT IN MAR-LINNMAR 15192600700000 STACO CORP N40’ NW NW SEC 19TWPR6

Resolution 2018-8-101 A Resolution Establishing Provisions for the 2018 Palo Fun Days Temporary Use Permit The following description is a summary of Resolution No. 2018-8-101, as passed and approved by the Linn County Board of Supervisors, effective August 1, 2018. Karl Haible, owner, and West Linn Community group, petitioner, have requested the Linn County Board of Supervisors permission to operate a portion of Palo Fun Days located at 812 Iowa Ave, Palo Iowa. The event will be held on August 18th 2018 between the hours of 8am and 12am. The event will host approximately 2000 people and include mud racing and fireworks. Beer and food will be available. Parking for approximately 500- 1000 cars and restrooms for the patrons will be provided on site. The full text of the resolution may be inspected in the Linn County Auditor’s Office located at 935 Second Street SW, Cedar Rapids, Iowa, during regular business hours, 8:00 a.m. to 4:30 p.m. Monday through Friday or on the Linn County web site at www.linncounty.org.

Approve and authorize Chair to sign Public Performance Licensing Agreement for Correctional Institutions, between Linn County and SWANK Motion Pictures, INC., effective September 1, 2018 to August 31, 2019 for an amount of $450.00.

Approve and authorize Chair to sign the Community Rating System (CRS) recertification cover letter.

Approve and authorize Chair to sign the contract Amendment #2 between Netsmart and Linn County Community Services effective August 1, 2018 that acknowledges the cancellation of the Plexis Claims Service and re-states the remaining annual amount as $59,156.69

Approve and authorize Chair to electronically sign the Equitable Sharing Agreement and Certification, Annual Certification Report for grant funds received by the Linn County Sheriff’s Office from the US Department of Justice and/or the US Department of the Treasury

Approve and authorize Chair to sign the 2018 Byrne Justice Assistance Grant (JAG) Program Award, Governing Body Review between Linn County and the City of Cedar Rapids for equal division of the $46,307 grant award.

Award bid and authorize chairperson to sign contract and associated documents for M- SEAL COAT(19), bituminous seal coat in various locations, to L.L. Pelling Co., Inc. in the amount of $509,395.60 for the Secondary Road Department.

Approve and authorize Chair to sign FY19 Wellmark Blue Cross and Blue Shield of Iowa Administrative Services Agreement

Approve and authorize Chair to sign the proof of insurance to U-Haul International for the use of their rental equipment by the Auditor’s office related to the November 2018 general election. Page 5 August 1, 2018

Approve and authorize Chair to sign purchase order #5482 for $13,168.00 to CDWG for receipt printers for the Elections Department.

Approve and authorize Chair to sign purchase order #5483 for $15,328.00 to Knowink for poll pad units for the Elections Department.

Motion by Houser, seconded by Rogers to approve minutes of July 30, 2018 as printed.

Motion by Houser, seconded by Rogers to approve upon third and final consideration Ordinance #9-8-2018, Amending the Official Zoning Map of Linn County, Iowa by Rezoning and Changing the District Classification of Certain Property Located at 2970 East Post Road, Marion, Iowa from the “AG” Agricultural District to the “USR” Urban Services Residential District as requested by Iowa Illinois Gas & Electric as property owner (Case JR17-0003).

Motion by Rogers, seconded by Houser to approve upon third and final consideration Ordinance #10-8-2018, Amending the Code of Ordinances, Linn County, Iowa by Amending Provisions in Chapter 105, Article V, Plumbing.

Sarah Coleman and Michael LeClere, Martin Gardner Arch., presented plans and specifications for the O’Brien Building Improvement Project for an estimate of $385,000 (including alternates). The Board will approve next week.

Motion by Rogers, seconded by Houser to approve purchase order #5484 to Appraisal Associates for property appraisal in the amount of $3,400.

Motion by Houser, seconded by Rogers to approve ACH in the amt. of $1,952,910.76; Claims #70603771-70603993 in the amt. of $361,831.41; and Claim #70603770 in the amt. of $30.00.

Motion by Houser, seconded by Rogers to approve payment to ARC in the amt. of $1,974.02 and ASAC in the amt. of $2,021.57.

Motion by Houser, seconded by Rogers to approve payment to Foundation 2 in the amt. of $186.60. VOTE: Houser, Rogers, Walker – Aye Harris - Abstain

Adjournment at 10:12 a.m.

Respectfully submitted,

JOEL D. MILLER, Linn County Auditor By: Rebecca Shoop, Deputy Auditor

Approved by:

JOHN HARRIS, Chairperson Board of Supervisors