LINN COUNTY BOARD OF SUPERVISORS CEDAR RAPIDS, LINN COUNTY, IOWA WEDNESDAY, JANUARY 21, :30 A.M.

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1 LINN COUNTY BOARD OF SUPERVISORS CEDAR RAPIDS, LINN COUNTY, IOWA WEDNESDAY, JANUARY 21, :30 A.M. The Board met in session at the Linn County Jean Oxley Public Service Center. Present: Chairperson Langston (leaving at 10:15 for other county business), Vice Chairperson Rogers, Supervisors Oleson, Harris and Houser. Board members voting AYE unless otherwise noted. The Board reviewed and discussed FY 16 budgets. Also present: Steve Tucker, Dawn Jindrich, Mike Goldberg, Auditor Miller, Becky Shoop, Gordon Thompson and Tix Box. EMA FY 16 proposed appropriations meet the Board s guidelines. Motion by Rogers, seconded by Houser to approve EMA FY 16 appropriations in the amount of $508,423. The Board recessed at 8:44 a.m. and reconvened at 8:51 a.m. Auditor FY 16 proposed appropriations for administration and real estate exceeds the Board s guidelines by $14,852. Jindrich explained a detailed Budget Summary. Discussion continued involving questions regarding contract labor, software and overtime. Recommendations include: Reduce contract labor to $15,000 for Docuware scanning ($20,000 decrease) Amend budget for actual increased costs associated with medical leave or FMLA temporary help. Reduce real estate minor equipment by $3,000 based on actual costs and purchase real estate computer this year. There is $3,000 in FY16 for Allegra to do address verifications that may not be necessary and could be used for future minor equipment purchases. Discuss use of election notification postcards ($60,000 cost included in budget request) The Board discussed the use of election notification postcards. Chairperson Langston stated that she spoke with Jerry Vander Sanden, Co. Atty., and he declined the request to submit an Attorney s General opinion. Vander Sanden feels that it is an administrative cost and not an election cost. The Board is in agreement for the county not to fund sending postcards. Discussion continued regarding giving entities the choice to pay for that service. Auditor Miller stated that postcards will either be sent to everyone or not to anyone. He will not pick and choose. They should all be treated the same. It was the tenor of the Board to not send postcards to anyone. Miller explained his table of organization and his willingness to convert two deputies to management positions along with his performance indicators. Chairperson Langston suggested that Miller continue discussions with the HR Director. Motion by Oleson, seconded by Houser to approve Auditor FY 16 appropriations including Budget Dir. s recommendations minus $60,000 for postcards ($2,273,681 and revenue $287,000). Miller presented one Offer: Total address updater (TAU) - $10,000 NTE (one-time). A tablet computer would be at each of the three counters in the Auditor s Office that would access voter registration, real estate, employee addresses, vendor addresses and permit addresses stored and maintained by the Auditor. The Board recessed at 10:30 a.m. and reconvened at 10:40 a.m. The Pledge of Allegiance was led by Vice Chairperson Rogers. Motion by Harris, seconded by Houser to approve Consent Agenda as follows (including authorizing John Brandt to sign Schulte contract): Receive and place on file Commission of Veteran Affairs Report for the Month of December, Receive and place on file Treasurer's (Auto Dept.) Report to the County Auditor Receipts & Disbursements for the Month of December, 2014.

2 Page 2 Resolution WHEREAS, a Residential Parcel Split of Rollinger Addition (Case # PS-09-13) to Linn County, Iowa, containing three (3) lots, numbered lot 1, lettered lot A, and outlot A, has been filed for approval, a subdivision of real estate located in the SW SW of Section 4, Township 85 North, Range 5 West of the 5th P.M., Linn County, Iowa, described as follows: 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 2/20/2013 as last amended on Tuesday, February 19, 2013 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 8(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, Sec of right-of-way (from road centerline) on Boulder Cemetery Road adjacent to development shall be dedicated to the public for road purposes. Road agreement for dust control and access control. County Standard Specifications, Sec. 1. IOWA DEPARTMENT OF TRANSPORTATION Not within the jurisdiction of the Iowa Department of Transportation. LINN COUNTY PUBLIC HEALTH DEPARTMENT Existing house must be reviewed by Linn County Public Health for compliance. NATURAL RESOURCES CONSERVATION SERVICE Applicant shall develop and implement a plan for the ag land associated with this case and file it with the Linn County Soil and Water Conservation District. LINN COUNTY CONSERVATION DEPARTMENT LINN COUNTY EMERGENCY MANAGEMENT LINN COUNTY 911 COORDINATOR LINN COUNTY PLANNING AND DEVELOPMENT ZONING DIVISION All side and rear yard setbacks must be met for all structures involved in this proposal. Various revisions to the site plan and final plat. Complete requirements from Minimum Housing inspection provided by the Linn County Health Department, including obtaining appropriate permits, inspections and final approval from the Building Division. 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. Prior to approval of the final plat, the landowner shall sign an Agricultural Land Use Notification that has been provided by the Zoning Administrator. 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. Approval of utility and drainage easements by the appropriate companies with all easements marked on the final plat bound copies. The remaining land of the parent parcel will result in a parcel of less than 35 acres. Either combine the remaining land to an adjacent parcel by deed restriction to total 35 acres or more, or include the remaining land as part of the final plat. If included as a part of the final plat, the lot will be non-buildable until brought into conformance with the Linn County Zoning Ordinance and will require the note: This parcel may only be developed in accordance with all development regulations in effect at the time development is proposed on the plat. 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. One original and 3 complete copies of the final plat bound documents that must include the following: A certified copy of the approved final plat including conditions of final approval, signed by the chairperson of the Board of Supervisors

3 Page 3 An instrument 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 Surveyor's certificate Owner's certificate Auditor s certificate Ag land use notification Deed restriction concerning erection and payment of fences as per the Code of Iowa, Chapter 359A, will be required Deed restriction concerning individual drainage rights as per the Code of Iowa, Chapter 468, subchapter V, will be required A covenant for a secondary road assessment district concerning the adjacent public secondary road as per Article 4, Section 8B, 9(a), of the Unified Development Code Acknowledgment of Responsibility, to ensure adequate drainage for all land within the subdivision at the time of final plat, will be required Resolution of the Planning and Zoning Commission Resolution of the Board of Supervisors Groundwater hazard statement Certificate of County Treasurer Title opinion Restrictive covenants or deed restrictions, as separate instruments, not combined with any other instrument Two (2) copies of the surveyor's drawing 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 Final plat bound copies must be approved by the Linn County Board of Supervisors on or before December 16, 2014 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 Unified Development Code. 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 by January 21, 2016 to be valid. Resolution WHEREAS, a final plat of Fawn Cove Addition (Case # MBC-14-14) to Linn County, Iowa, containing two (2) lots, numbered lot 1 and lot 2, has been filed for approval, a subdivision of real estate located in the NW SW of Section 23, Township 84 North, Range 8 West of the 5th P.M., Linn County, Iowa, described as follows: 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 MBC as last amended on Monday, November 17, 2014 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. Road agreement for conditions applicable to Minor Boundary Change cases. County Standard Specifications, Sec. 1. IOWA DEPARTMENT OF TRANSPORTATION LINN COUNTY PUBLIC HEALTH DEPARTMENT NATURAL RESOURCES CONSERVATION SERVICE LINN COUNTY CONSERVATION DEPARTMENT LINN COUNTY EMERGENCY MANAGEMENT LINN COUNTY 911 COORDINATOR LINN COUNTY PLANNING AND DEVELOPMENT ZONING DIVISION Various revisions to the site plan as required. The final plat shall contain all information required by law.

4 Page 4 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. Approval of utility and drainage easements by the appropriate companies with all easements marked on the final plat bound copies as per Article 4, Section 8B, 9(f), of the Unified Development Code. This plat lies within the 2 mile jurisdiction of the city of Palo, and as per the 28E Agreement between the city and the county, will require city approval or a waiver of the right to review. The proposed subdivision name shall be submitted for review and approval by the Linn County Auditor s office prior to approval of the final plat. 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 district concerning the adjacent public secondary road as per Article 4, Section 8B, 9(a), of the Unified Development Code The final plat bound documents must be approved by the Linn County Board of Supervisors on or before November 17, 2015 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 by to be valid. Award bids and authorize chairperson to sign contract documents for General Maintenance Rock to secondary road shops as follows: Alice Shop to Weber Stone in the amount of $59, Drexler Shop to Weber Stone in the amount of $45, Main Shop to Weber Stone in the amount of $45, Morgan Creek Shop to Moyna Materials in the amount of $64, Mt Vernon Shop to Weber Stone in the amount of $51, Toddville Shop to Weber Stone in the amount of $40, Walford Shop to Moyna Materials in the amount of $47, Whittier Shop to Weber Stone in the amount of $21, Authorize Chair to sign the Linn County Kids Wraparound Program FY15 Provider Agreement with St. Lukes Hospital. Authorize approval of contract with Schulte Consulting to assist with Options day habilitation program restructuring in an amount not to exceed $10,000. Motion by Houser, seconded by Oleson to approve minutes of January 19 & 20, 2015 as printed. A public hearing was called to order for FY15 Capital Projects budget amendment. Dawn Jindrich, Budget Director, presented proof of publication. There were no oral or written objections. Motion by Houser, seconded by Harris to close public hearing.

5 Page 5 Motion by Harris, seconded by Oleson to Adopt FY15 Capital Projects budget amendment and appropriations Resolution Expenditures cannot exceed the following fiscal year 2015 appropriations by organization: 01 Board of Supervisors $7,406, Auditor 2,327, Recorder 1,318, Treasurer 2,839, Attorney 3,798, Information Technology 2,777, Planning & Development 1,284, Medical Examiner 494, Risk Management 262, Civil Service 16, Human Resources 659, Facilities 2,190, Sheriff 19,834, Capital Improvements 5,079, LIFTS 1,842, Purchasing 429, Board Buildings 868, State Welfare 586, Finance & Budget 427, LCCS 34,256, Veteran Affairs 458, Court Expense 59, Juvenile Justice 160, Soil Conservation 85, Conservation 6,629, Engineering 18,304, Public Health 5,182, Debt Service 1,750,513 Total $121,331,207 Motion by Houser, seconded by Oleson to approve upon second consideration amendments to the Linn County Public Health Air Quality Ordinance. The Board received a power point presentation from Emmett Scherrman, Jody Donaldson and Delaine Petersen from the Arc of East Central Iowa for a Linn County economic development investment in the amount of $100,000 over a three year period. Petersen stated that they are asking for Linn County s investment to create a partnership that promotes capacity and innovation to building integrated employment and community services for individuals with intellectual and related disabilities. Supervisor Rogers stated that he is a member of the Arc Board which is a major interest and passion of his. He asked that the Board dedicate a one-time expenditure of money to this organization from the proceeds of the sale of the Mott Bldg. Supervisor Oleson stated that he is supportive of Arc, however, he was concerned about the sustainability of what they are trying to do without county funding after this one time ask, noting that there are a lot of other deserving organizations. Peterson stated that they do not want to rely on county funds and this would be considered start-up money to get investors (like the county) to do pilots. Supervisor Oleson asked that Arc visit with MHDD because they have funded agencies. MHDD could be the liaison and report on the investment and Petersen stated that Arc would welcome that. REPORTS -- LIAISON ASSIGNMENTS & COMMITTEE MEETINGS Supervisor Harris will attend an Area Ambulance meeting this afternoon and Linn County Housing Fund meeting tomorrow. Supervisor Houser attended the ISAC New Elected Officials School last week. He attended the Secondary Roads Foreman s meeting last Friday and Emergency Management meeting last night. Supervisor Oleson attended the Solid Waste Agency meeting (Ralph Russell is Chair and Ben Rogers is Vice Chair). He also participated in a presentation last night before

6 Page 6 the city of Marion along with members of Prospect Meadows Board asking for an additional half million dollars from Marion s Local Option Sales Tax fund. Motion by Houser, seconded by Oleson to approve Claims # # in the amt. of $2,226, and ACH in the amt. of $674, PUBLIC COMMENT: Jim Moore, Mayor of Mt. Vernon, stated that Sheriff Gardner has asked the city of Mt. Vernon for $50,000 to help with dispatch. There are 284 rollover calls which comes to a cost of $ per call. The city of Mt. Vernon does not have the money. This does not mean that the Sheriff does not need the help (they need to fill a seat). Moore stated that these people are the life line and they are overwhelmed. He stated that Mt. Vernon pays taxes just like everyone else. He is working on something to address the rollover calls. They are working on their budget and they have had zero growth (not one building permit was issued). Moore also asked the Board to keep him informed of when this will be discussed so that he can attend the meeting. Robins has not given him an answer but everyone else has said no. Supervisor Oleson stated that the Board has preliminarily approved the Sheriff s budget and they should reopen the budget now since everyone is saying no. John Myers, Exec. Dir. of Indian Creek Nature Center, wanted to thank the Board and celebrate Linn County as an Iowa Great Place. He stated that Supervisor Oleson was incredibly collaborative in bringing in partners for a joint application. He was told that Linn County presented the strongest application in the history of Iowa Great P laces program. He wanted to say thank you for Supervisor Oleson s great vision. Motion by Oleson, seconded by Harris to remove from agenda the Closed Session. Adjournment at 11:19 a.m. Respectfully submitted, JOEL D. MILLER, Linn County Auditor BY: Rebecca Shoop, Deputy Auditor and Amanda Hoy, Executive Assistant Approved by: LINDA LANGSTON, Chairperson Board of Supervisors

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