Wright County Board Minutes

NOVEMBER 13, 2012
The Wright County Board met in regular session at 9:00 A.M. with Sawatzke, Russek, Thelen, and Eichelberg present. Commissioner Mattson was absent.
Russek moved to approve the 11-06-12 County Board Minutes. The motion was seconded by Eichelberg and carried 4-0.
Eichelberg moved to approve the Agenda, seconded by Russek, carried 4-0.
On a motion by Russek, second by Eichelberg, all voted to approve the Consent Agenda:
1. Performance Appraisals: L. Fiedler, Aud./Treas.; M. Gardner, L. Westphal, Recorder; D. Scherber, Sher.
2. Authorize Signatures On Agreement With Mary Ann Peterson, Parenting Through Divorce Program.
3. Authorize Signatures On Agreement With Ag Enterprises, LLC.
4. O/T Report, Period Ending 10-27-12.
Bob Hiivala, Auditor/Treasurer, requested the Board set the final date to receive claims for payment for the 2012 Budget year for 12-20-12 at 12:00 P.M. Eichelberg moved to approve that recommendation, seconded by Russek, carried unanimously.
The claims listing was discussed. Russek referenced a claim on Page 21, Allina Hospitals & Clinics ($18,358.50), for payment of the June, 2012 contract for medical services. Hiivala said it appears the bill is from June but will double check to assure that the bill is not being paid twice. Russek moved to approve the claims as listed in the abstract, subject to audit, to include 150 vendors for $192,156.15. The motion was seconded by Eichelberg and carried 4-0.
The Meeting recessed at 9:06 A.M. and reconvened at 9:10 A.M.
Sean Riley, Planning & Zoning Administrator, said that on a 5-0 vote, the Planning Commission recommends denial of a request by Steiner Development to amend the Wright County Zoning Ordinance to add “Athletic Complex”, including definition of and conditions of, as a condition use accessory to Commercial Outdoor Recreation as currently defined in the AG (General Agriculture, Section 604.4). Since the Planning Commission Hearing, the applicant has requested in writing that the County Board dismiss the Zoning Amendment request before a final decision is made by the County Board. Riley provided copies of the correspondence from the applicant, along with a letter from the Planning & Zoning Office regarding this matter. Also provided were the Policy Statements adopted by the Planning Commission and the Board of Adjustment.
Riley stated it is up to the County Board whether to dismiss the request prior to taking action. Sawatzke understands, based on an email sent approximately one week ago, that the MN Youth Soccer Association has decided not to build a facility in Monticello. He said whatever action is taken (dismissed, approved, or denied by the Planning Commission), it would not seem to have much bearing as Steiner does not plan to move forward at this time. Russek said that the Planning Commission typically allows withdrawals. However, this request went through the entire process and was voted down 5-0 by the Planning Commission. Now Steiner has changed their mind on building the facility. He was unsure whether the Board should let them withdraw or how to proceed.
Thelen asked what difference it would make if the request will be denied anyway. Riley stated as far as acting on the Planning Commission recommendation, it is up to the County Board whether it will involve a denial or dismissal. Whether formally denied or dismissed, the applicant will have to go through the same process if they come back in the future with a request. The applicant will be required to wait for a period of time, reapply to the Planning Commission, and have the request heard. Riley said if they want his opinion, he would view the dismissal as a “no harm, no foul”.
Sawatzke asked whether Riley and the Attorney’s Office have a preference on whether action should involve dismissal or denial. Riley said they are neutral on the item. The Board of Adjustment and Planning Commission have a policy that an applicant’s request can be dismissed anytime in the process before the final decision. In this situation, the Planning Commission already made a decision so the request could not be dismissed by the Planning Commission. Riley did not feel it would be appropriate for him to administratively make a decision. He stated it would be up to the County Board whether to dismiss the applicant’s request when they have not made a formal decision on the Zoning Amendment. Russek felt the County Board needed to follow the Planning Commission recommendation and not amend the Ordinance, whether the Steiner Development case is dismissed or not. Riley said the result of a dismissal would be that the Ordinance would not be amended to include “Athletic Complex.”
Riley said the impression received from the applicant is that they would like to have their request dismissed at this time as they have dropped the project. If they decide in the future to proceed with the project in Wright County or in a city in the County, they do not want what is perceived as a black mark against their project. Public record would reflect a formal denial.
Sawatzke asked for past practice on whether to allow applicants to dismiss at this point. With regard to zoning or map amendments, Riley was unsure whether there was action either way on dismissing or not dismissing but the Board does vote in support of Planning Commission recommendations. He thought this would probably set a precedent moving forward. Eichelberg feels it may set precedence if the County Board does not deny the request per the policy statement. He read from the Policy which reflects that no applicant shall be allowed to withdraw a request. Russek said that is after the vote is taken (at the Planning Commission). Riley stated the County Board has the authority for approving Zoning Amendments. The Planning Commission made a formal recommendation.
Greg Kryzer, Assistant County Attorney, said the Board can act in one of two ways. The first would be for the County Board to recognize that the vote from the Planning Commission was a recommendation so it wasn’t a final vote, and the Board can move to dismiss the petition. The second action would be to view the Planning Commission’s vote as final and the County Board would act on it. Kryzer said it is up to the Board which way they would like to proceed. Sawatzke asked, as it pertains to requests from future applicants, whether the Board will create a problem by taking action one way or the other. Kryzer did not feel that was the case under equal protection arguments. He was not worried about legal action in the future. Kryzer said there is a new County Board taking office on 1-01-13 and any policy happening now would be a different time and a different body. Sawatzke said a different body may say, “Maybe that Board did it that way but we want to do it this way.” Kryzer said that is correct. Sawatzke made a motion to dismiss the request of the applicant, Steiner Development. Russek asked whether taking no action on the Amendment makes it go away. Riley stated that is correct, other than it being in the Planning Commission record. The motion was seconded by Eichelberg and carried 4-0.
The meeting recessed at 9:20 A.M. and reconvened at 9:31 A.M.
Commissioner Thelen recessed the Regular Meeting and convened the Fees For Service Public Hearing. Richard Norman, County Coordinator, presented the Notice of Intent to Modify and Implement Charges for County Services. The notice was published in the Herald Journal:
Pursuant to Minnesota Statues, Chapter 373, notice is hereby given by the Wright County Board of Commissioners of the intent to modify and implement the following charges for service (Proposed language and fee changes are reflected in bold):
Genealogy Search Fee - Current 2012 Rate Not Listed; Proposed 2013 Rate $30.00/hour
Group Camps (Beebe and Collinwood) - Current 2012 Rate $30/night; Proposed 2013 Rate $45/night
Picnic Shelter Rentals – Weekend/Holidays
Otsego Park (Shelters 1 and 2) - Current 2012 Rate $50/day; Proposed 2013 Rate Same
Otsego Gazebo - Current 2012 Rate Not Listed; Proposed 2013 Rate $10/day
Collinwood Park - Current 2012 Rate $50/day; Proposed 2013 Rate Same
Collinwood Trail Head Shelter - Current 2012 Rate $50/day; Proposed 2013 Rate Same
Collinwood Beach Shelter - Current 2012 Rate $50/day; Proposed 2013 Rate $75/day
Picnic Shelter Rentals – Weekday
Otsego Park (Shelters 1 and 2) - Current 2012 Rate $25/day; Proposed 2013 Rate Same
Otsego Gazebo - Current 2012 Rate Not Listed; Proposed 2013 Rate $10/day
Collinwood Park - Current 2012 Rate $25/day; Proposed 2013 Rate Same
Collinwood Trail Head Shelter - Current 2012 Rate $25/day; Proposed 2013 Rate Same
Collinwood Beach Shelter - Current 2012 Rate $25/day; Proposed 2013 Rate $35/day
Transcription Copies - Current 2012 Rate $25.00/transcript; Proposed 2013 rate $25.00/transcript flat fee, Plus $25.00/hour after first hour
Audio/Video/Digital Photos - Current 2012 Rate $25.00; Proposed 2013 Rate $25.00/CD, DVD, Tape
Photographs (From negatives) - Current 2012 Rate $10.00 Flat fee + processing; Proposed 2013 rate $10.00 Flat fee + $.50 per photo
Electronic Data Recovery - Current 2012 Rate Not Listed; Proposed 2013 Rate $75.00/hour, minimum 2 hours; Citizen provides hard drive
Impound Lot Storage Fee - Current 2012 Rate Not Listed; Proposed 2013 Rate $10.00/day, begins 15th day after Citizen signs for certified notice to retrieve vehicle
Raft Permits - Current 2012 Rate Not Listed; Proposed 2013 Rate $0.00
Special Detail/Outside Employment - Current 2012 Rate $45.00/hour; Propoassed 2013 Rate $50.00/hour
PLANNING & ZONING The entire Fees For Service Schedule for Planning & Zoning will be replaced with the following Fees For Service Schedule (proposed language and fee changes in the Planning & Zoning Fee Schedule are reflected in bold. Language proposed to be removed is crossed out):
Grain Bins; $25.00
All other Agricultural Buildings; $100.00
Over 500 cubic yards (Hearing required); $350.00
50 to 500 cubic yards (Shoreland-Hearing required); $250.00
10 to 50 cubic yards in Shoreland (Administrative); $200.00
Mineral Extraction; $500.00
Rezoning (*2); $400.00
Subdivision Approval (*2); $250.00 first 5 lots + $50.00 per lot over 5 lots
1 per 40 Cluster; $250.00 first 5 lots + $50.00 per lot over 5 lots
Homestead Business; $350.00
Home Occupation; $250.00
Non-Commercial Contractor’s Yard; $350.00
Farm Accessory Mobile; $250.00
Specific Use Permit; $350.00
Other, Miscellaneous; $350.00
Move-in Structure; $350.00 ($100.00 of this fee will be applied to deducted from subsequent building permit)
CUP Amendment/Renewal; $250.00
FINAL PLAT APPROVAL - $250.00 + $25.00 per lot
Lot Line Adjustment; $200.00
Temporary Mobile Home; $200.00
Variance; $400.00
Appeal/interpretation; $400.00
Deed Restriction, Administrative Order; $50.00
Miscellaneous Site Inspection; $50.00
Miscellaneous Permit; $100.00
Miscellaneous Services/Research; $50.00 per hour ($50 minimum)
Land Use, Zoning Review; $50.00 per hour ($50 minimum)
Land Use Permit; $50.00
Water Test; $25.00
Land Use Plan or Zoning Ordinance; $30.00
Copies, Maps & Data; Per State, County and IT Policies
EAW / EIS REVIEW; $500.00 + $50.00 per hour over 10 hours
*1 Hearing fees before either Board will be doubled when application is made after action requiring a hearing has already begun. A continuation fee of $50.00 may be required when, due to the complex nature of any matter or lack of adequate preparation by an applicant, a continuation is required.
*2 When an application includes both Rezoning and a Conditional Use Permit for a Subdivision, the total fee will be reduced by $50.00
Building Permit; Fee Schedule extracted from 1997 UBC based on building value and MN Rules 1300.
Plan Review Fee; 65% of Building Permit
Building Permit; Fee Schedule extracted from 1997 UBC based on building value and MN Rules 1300.
Plan Review Fee; 65% of Building Permit
Fixed Fees
Temporary Mobile Home; $399.50 $400.00
Fire Repair; $399.50 $400.00
Mechanical (new or replacement); $49.50 $50.00
Fireplace (new or replacement); $49.50 $50.00
New Plumbing in Existing Building; $49.50 $50.00
Basement Finish on Existing Home; $99.50 $100.00
Dwelling Remodel; $99.50 $100.00
Re-roof; $49.50 $70.00
Re-siding $49.50 $70.00
Window Replacement; $49.50 $70.00
Building Permit; Fee Schedule extracted from 1997 UBC based on building value and MN Rules 1300.
Plan Review Fee; 65% of Building Permit
Fixed Fees
Retaining Walls over 4 ft. high; $49.50 $50.00
Fences over 6 ft. high; $49.50 $50.00
Pools over 5,000 gallon capacity; $49.50 $50.00
Non-commercial Signs; $49.50 $50.00
STATE SURCHARGE (in addition to Building Permit fees above)
Fixed Fees; $5.00
All Other Residential/Commercial Building Permit Fees per State Building Code Sect. 326B.148
New Structure; No Charge with Building Permit
Other Addressing; $25.00
Holding Tanks; $150.00
Standard Systems; $300.00
Non-standard Systems; $450.00
System Repair; $100.00
*1 Building values shall be determined based on current building valuation data from the Department of Labor and Industry. Building permits are required for any structure over 120 square feet in area. These include decks, garages, sheds, boathouses, etc. All fees shall be doubled when construction has begun before a permit has been issued. All fees may incur an additional charge when construction/use has begun before a permit has been issued, limited to double the standard fee.
*2 The fee for a septic system other than a holding tank Other than holding tanks, septic system fees shall be reduced by $200.00, IF a variance hearing was required solely for the installation of the sewer and a variance is approved.
*This is a “valuation” based permit schedule*
Total Valuation; Fee
$1.00-$500.00; $23.00
$501.00-$2,000.00; $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00
$2,001.00-$25,000.00; $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00
$25,001.00-$50,000.00; $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00 or fraction thereof, to and including $50,000.00
$50,001.00-$100,000.00; $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00
$100,001.00-$500,000.00; $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00 or fraction thereof, to and including $500,000.00
$500,001.00-$1,000,000.00; $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00
$1,000,001.00 and up; $5,608.75 for the first $1,000,000.00 plus $3.15 for each additional $1,000.00 or fraction thereof
Other Inspection and Fees:
1. Inspections outside of normal business hours; $47.00 per hour*
2. Re-inspection fees assessed under provisions of Section 108.8; $47.00 per hour*
3. Inspections for which no fee is specifically indicated (minimum charge – one-half hour); $47.00 per hour*
4. Additional plan review required by changes, additions or revisions to plans; $47.00 per hour*
5. For use of outside consultants for plan checking and inspections, or both; Actual costs**
*Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.
**Actual costs include administrative and overhead costs.
(End of Public Hearing Notice for Proposed Fees For Service Changes)
Norman said most of the proposed Fee Schedule changes were presented by Departments during Budget sessions. It was part of their written presentation as well. Norman said if the Board acts to adopt the changes as proposed, they would become effective 1-01-13.
Russek asked Sean Riley, Planning & Zoning Administrator, if most of the proposed changes for Planning & Zoning are to cover the County’s costs (i.e., inspection fees, fixed fees on mobile homes, fire repair, etc.). Riley said that is correct. He referenced Building Codes. They are not making money but covering the costs involved. With Conditional Use Hearings, there are costs associated with advertising, sending notice, per diems, and staff time. He said the fee is essentially covering the cost of providing the service. The proposed increases include rounding up the cost by $.50. The State previously imposed a surcharge of $.50. The fee was raised to $5.00 with a promise that it would someday return to $.50. It has not. The proposed fees include a $.50 increase so the fees will be an even number for the applicant (i.e., raised from $49.50 to $50.00. That way their payment is $55.00 with the State fee, instead of $54.50). Another fee increase relates to permits for Re-roofing, Re-siding, and Window Replacements. The fee is going from $49.50 to $70.00. After three years of completing these services, they found that the fees should be raised to cover costs for such things as inspections, questions, and forms.
Joan McGregor, Albion Township, asked for additional detail on the increases related to Re-roofing, Re-siding, and Window Replacement permits. She felt the increase from $49.50 to $70.00 was significant. Riley said it has been a discovery process. This type of service had not been offered before, and they initially set the fee by estimating the cost. After 3-4 years of issuing permits, they learned there is a substantial amount of time involved (Building Inspector’s involvement with insurance companies, going to the site, and documenting work that has been completed). It was a choice of leaving the fee at $49.50 or raising it to $70.00 ($75.00 with the State Surcharge). Thelen asked if this fee was commensurate to other counties. Riley said some counties use the State Building Code to charge, which allows for a fee relative to the value of the improvement. He did not feel $70 would stand out as a high number in comparison. Russek said that is why he initially asked the question on whether the fee increases relate to covering costs. Riley said that is correct. If they were looking to raise revenues, he did not view siding as a way to do that. Sawatzke said the proposed $70 fee would cover a couple of hours of staff time, if benefits are considered on top of salary.
At 9:38 A.M, Commissioner Thelen closed the Public Hearing and reconvened the Regular Board Meeting.
Eichelberg moved to adopt the changes to the Fees-For-Service Schedule as presented, effective 1-01-13. The motion was seconded by Russek and carried 4-0.
Bills Approved
Aggregate & Ready Mix of MN $1,250.00
Albertville Body Shop Inc 1,187.71
Allina Hospitals & Clinics 36,717.00
Annandale Advocate Inc 188.00
Aramark Services Inc 6,768.07
Black Box Resale Services 440.00
Buff N Glo Inc 176.00
Buffalo Auto Value 189.03
Buffalo Hospital-Otpt Comm.l 1,196.70
Buffalo Transmission 1,574.84
Buffalo/City of 65,961.92
Bureau Of Crim. Apprehension 250.00
Cameron/Tim 150.00
Centra Sota Coop. - Buffalo 4,204.63
CenturyLink 202.39
Climate Air 11,175.07
Cokato Township 270.76
Comm. of Transportation 1,270.71
Cottens Buffalo 104.04
Cottens Inc 2,577.58
Craguns Lodging and Conf. Ctr. 139.79
Crop Production Services Inc 285.75
Diers/Carter 239.50
Eichelberg/Elmer 321.00
Envirotech Services Inc 4,811.64
Fibernet Monticello 359.80
Force America Inc 437.65
Gabriel/Cathleen 300.00
Grainger 141.93
Green Interiors 482.07
Greenview Inc 6,282.43
Halonen/George D 100.00
Hance Utility Services Inc 261.84
Hanover/City of 1,794.20
Herald Journal Publishing Inc 347.52
Hillyard Inc - Minneapolis 1,318.30
Holiday 327.51
Impact Proven Solutions 17,000.00
Integrated Fire & Security 300.00
J & J Marine Inc 115.40
Juncewski/Kenneth F 260.00
Junction Towing & Auto Repair 228.71
Klimmek/Tammi 114.00
Knowledgelake 215.60
Lake Region Oil-Maple Lake 336.40
LaPlant Demo Inc 597.34
Loberg Electric 1,081.37
Macmillan/Michael 992.50
Marco 4,457.97
Marco Inc 493.76
Mattson/Dick 195.50
Menards - Buffalo 306.04
Miller/Nathan 276.00
Morries Parts & Serv. Group 757.33
O’Ryans Conoco Marathon 190.00
Office Depot 1,215.62
Pictometry International Corp 1,603.13
Purick/Ryan 100.00
Ramacciotti/Frank 100.00
Royal Tire Inc 395.44
Russek/John 111.50
Safelite Fulfillment Inc 454.22
Stoll/Brian 141.50
TASC 1,069.00
Transcend United Technologies 1,127.80
Vance Brothers Inc 2,310.64
Wright Hennepin Electric 577.37
25 Payments less than $100 1,226.63
Final total $192,156.15
The meeting adjourned at 9:39 A.M
Published in the Herald Journal Dec. 3, 2012.

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