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Local businesspeople, Marshall city staff respond to building dept. petition

MARSHALL — It’s a question of progress — or a lack of it in Marshall, say members of a group of local residents and businesspeople calling for change in the city building department.

“We approached the subject politically, if you will, through the Chamber of Commerce, and in the last eight years we pushed it through the Economic Development Authority. Everybody has had conversations with their city councilmen, and it just seems to get swept under the table,” said group member Chet Lockwood.

Lockwood and other members of the group calling for change talked about their concerns with the Independent earlier this week. A perception that Marshall is a hard town to build in hurts the community, said Mike Fox of Ace Home & Hardware in Marshall.

“I get six or eight calls daily at work, people frustrated with City Hall,” Fox said. “I work closely with that building department. I get along with the guys up there, but there is a big stigma in the area that Marshall is not friendly to building. We need to fix that.”

City employees in the building department said this week that they welcomed communication with local residents and contractors. However, some of the changes residents are calling for — like less restrictive ordinances — would have to pass through the city council.

“We’re OK if they want to change the ordinance,” said Marshall Public Works Director Glenn Olson. But the building department didn’t have the authority to do that on its own.

Assistant City Engineer Jason Anderson said the building department is “more of a department enforcing rules that were laid out.”

Concerns about local ordinances, as well as the leadership culture and inspection practices of the Marshall building department, came to a head in the past couple of weeks. A large group of residents and business people advertised they were petitioning the city to form a task force to review both areas of concern. Lockwood made the request in person, in front of the Marshall City Council, on Nov. 28.

On Friday, Marshall Mayor Bob Byrnes said he has been in contact with spokespeople for the citizens’ group, about people who would serve on the task force. Assignment of task force members is on the agenda for Tuesday’s city council meeting.

“We take seriously the concerns that have been raised, and they will be addressed,” Byrnes said.

Members of the concerned citizens’ group said local residents, builders and businesses have been frustrated with high costs and construction delays caused by the city.

“They are over-analyzed. Projects are delayed by months. There is extra costs, fees and variances, and having to get something over-engineered even though the architect already stamped the drawing,” Lockwood said.

“The pulse of the builder is they (inspectors) are overrated. They watch like a hawk from the day they (builders) come in with a plan to the day the last nail is pounded,” Fox said.

The Marshall building department is responsible for administering state building codes, and for issuing building permits. The city does not have local building codes, said Olson. As a city with a population over 5,000, Marshall follows state building codes. However, Marshall does have local ordinances, like zoning ordinances and building appearance ordinances, that can affect new construction.

“They establish what can be built, where, and in what manner,” Anderson said.

“Generally, we don’t initiate” city building ordinances, Olson said. “The staff is there to bring forward information,” he said, but in the past it has been at the direction of city administration and council members.

City staff outlined some of the processes of issuing building permits, and conducting building inspections. After a building permit is issued, city staff said, contractors receive a list of required building inspections. Contractors are supposed to call the building department when part of a project needs inspection. If that doesn’t happen, Anderson said, inspectors usually make their own site visits.

Olson said it’s possible for a building permit to be delayed if there are questions about a building plan or more information is needed.

Marshall does charge a fee for building permits, based on the valuation of the building project. But city staff said Marshall’s fees are comparable with other cities in the region. The permit fee for a $100,000 project would be $818 in Marshall, compared to $719 in Worthington; $887 in Willmar or Windom; $994 in New Ulm, Pipestone or Redwood Falls; or $1,150 in Hutchinson, city staff said.

Marshall’s building fees haven’t been changed in several years, said building official Ilya Gutman.

The building fees aren’t intended to be a big moneymaker, Anderson said.

“The goal of it is to recoup our costs,” he said.

A building project can have additional costs beyond a building permit fee. City staff said Marshall charges a 35 percent fee to review plans for new houses. (In Worthington, there’s a 65 percent review fee on all residential projects, city staff said.) And if a building project needs a variance permit from the city, that can carry additional costs including a $400 fee.

Citizens’ group members said difficulties in working with the city building department has impacted development in Marshall.

“I want to say Marshall, in 2016, built nine homes, in comparison to Pipestone County built nine homes with a quarter of the population of the city of Marshall,” Fox said. “I know there are other factors, but 10 years ago we were doing 30, 35 homes in Marshall. That’s a big change.”

The concern goes beyond needs for housing, said Brad Strootman of Marshall Radio.

“We think it’s trickling through the community,” Strootman said. “If they don’t build homes, they can’t afford to buy a new pickup. If they don’t buy a new pickup, Chet has to react and cut expenses, so he cuts advertising. It’s trickling through all of us.”

New houses were being built in higher numbers in Marshall around 12 years ago, according to data from the Marshall building department. In 2005, there were 41 single family homes and 56 multi-family housing units built. The number of single family homes built per year started decreasing after 2005, down to a low of four homes built in Marshall in 2009. The number of single family homes built each year between 2010 and 2017 has mostly stayed between four and 10.

Building department data said nine single family homes and 19 multi-family housing units were built in Marshall in 2017.

Building permits for new homes aren’t the only ones issued by the city. Building department data said more than 400 building permits were issued overall in Marshall this year, at a total valuation of more than $5 million. Both total numbers and total valuations of building permits have fluctuated over the past 12 years. For example, 2007 was a low for numbers of building permits, with a total right around 400, but the total valuation of those projects was close to $35 million, the data said.

According to the building department data, the high point for building permits was in 2011, with more than 1,600 permits issued. In terms of valuation of building projects, 2012 was a high point, with a total valuation close to $45 million.

Olson, Anderson and Gutman said this week that they are open to talking with local residents and contractors, and answering questions.

“We’re always here to talk to folks,” Anderson said. “We want people to talk to us.”

After a review of the building department in 2015, Anderson said the department made changes including using new computer software for permits and inspections, doing customer service training and holding annual meetings with contractors.

“We want it to be more of an open discussion,” about questions and issues affecting builders, plumbers and other contractors.

Building department members said it’s not the case that they’re against development or progress. If the task force is for the betterment of Marshall, Olson said, they support it.

“We think this is a vibrant community,” Olson said.

“We all want to see it grow,” Gutman added.

Citizens group members said they weren’t blaming problems with the building department on specific people.

“We don’t believe one, two or three people created the culture,” at City Hall, Strootman said. But the culture still needs to change, group members said.

“I work with the building department weekly. They are all good people, but it needs a cultural change up there. Systems are perhaps outdated. They are not consumer friendly,” Fox said. “Everybody up there is a good person. They are good to work with individually I feel, but the culture needs to change.”

At their last meeting, Marshall City Council members seemed receptive to local residents’ calls for review of the building department. The topic will come back before the council on Tuesday.

In speaking with the Independent, Fox said he was optimistic, with changes in city leadership.

“We got to meet the new administrator a week or two ago,” Fox said. “I know I’m optimistic. I think she’s a strong leader and I think Marshall is going to benefit from her.”

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