LINN COUNTY BOARD OF SUPERVISORS

CEDAR RAPIDS, LINN COUNTY, IOWA

WEDNESDAY, JANUARY 21, 2015 8:30 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, 2014.

Receive and place on file Treasurer's (Auto Dept.) Report to the County Auditor 

Receipts & Disbursements for the Month of December, 2014.
Page 2

January 21, 2015

Resolution 2015-1-23 

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. 5. 40’ 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

No conditions to be met.

LINN COUNTY EMERGENCY MANAGEMENT

No conditions to be met.

LINN COUNTY 911 COORDINATOR

No conditions to be met.

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
Page 3

January 21, 2015

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 2015-1-24 

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-14-14 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

No conditions to be met.

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

No conditions to be met.

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.
Page 4

January 21, 2015

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 January 21, 2015 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 $59,500.00

Drexler Shop to Weber Stone in the amount of $45,000.00

Main Shop to Weber Stone in the amount of $45,375.00

Morgan Creek Shop to Moyna Materials in the amount of $64,165.00

Mt Vernon Shop to Weber Stone in the amount of $51,750.00

Toddville Shop to Weber Stone in the amount of $40,250.00

Walford Shop to Moyna Materials in the amount of $47,772.50

Whittier Shop to Weber Stone in the amount of $21,600.00

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.
Page 5

January 21, 2015

Motion by Harris, seconded by Oleson to Adopt FY15 Capital Projects budget amendment 

and appropriations Resolution 2015-1-25

Expenditures cannot exceed the following fiscal year 2015 appropriations by organization:

01 Board of Supervisors $7,406,846

02 Auditor 2,327,220

03 Recorder 1,318,127

04 Treasurer 2,839,259

05 Attorney 3,798,725

06 Information Technology 2,777,216

07 Planning & Development 1,284,712

08 Medical Examiner 494,400

09 Risk Management 262,837

10 Civil Service 16,362

11 Human Resources 659,320

12 Facilities 2,190,853

13 Sheriff 19,834,006

14 Capital Improvements 5,079,536

15 LIFTS 1,842,934

16 Purchasing 429,259

17 Board Buildings 868,022

20 State Welfare 586,973

21 Finance & Budget 427,322

 23 - 25 LCCS 34,256,082

26 Veteran Affairs 458,462

27 Court Expense 59,974

29 Juvenile Justice 160,000

33 Soil Conservation 85,629

34 Conservation 6,629,647

35 Engineering 18,304,719

36 Public Health 5,182,252

86 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
Page 6

January 21, 2015

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 #70577549-#70577697 in the amt.

of $2,226,745.94 and ACH in the amt. of $674,594.15.

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 $176.06 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