1r. Temporary Inspections for Victoria AgreementCITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Mayor and City Council
Don Ashworth, City Manager �t
FROM: Steve A. Kirchman, Building Official;
THROUGH: Scott Harr, Public Safety Director I(
DATE: August 4, 1997 u
SUBJECT: Temporary inspections for Victoria'
Public Safety Director's Comment:
I endorse this recommendation. As you can
can tell, not only is it well thought out
logistically, but is another example of how
government can either contractfrom or to
other jurisdictions for the practical and
fiscal benefit of all. I am proud of the
fact that another city thinks enough of our
inspectorsto approach us for this, but I am
equally pleased that our building official has
the data to show that it can be done. �Z
The building official for the City of Victoria has accepted a new position, leaving Victoria without a
building official until the hiring process is complete. The City was approached by Victoria with a
request to provide temporary inspection for six to eight weeks.
Inspections for Chanhassen are averaging 825 inspections per month. Victoria does about 100
inspections per month. We can do 800 to 950 inspections per month with our current inspections staff.
More inspections will result in slower permit turn- around and decreased customer service.
We have made it clear to Victoria that our inspections in that City will be discontinued if we get too
busy here.
The agreement stipulates the temporary inspection services will be provided on a per hour basis, based
on the payroll costs of our most senior inspector. It will be most practical to have Doug Hoese, who
lives in Mayer, do many of the inspections in the afternoon. He can then head for home without
returning to Chanhassen. We have indicated to Victoria that plan review for their permits will have to
be done outside regular business hours.
I recommend that the City Council adopt Resolution 97- , a resolution authorizing execution of a joint
powers agreement for the temporary utilization by the City of Victoria of the buildin official and
related services of the Citv of Chanhassen. `Action, by City AdministMM
G.Wety�sA\rnemos\cc \vio-insp
Endorsed �—
Modified_.... __..
Rejected_— . -..---,
Date Submitted to Commissicq
Date Submitted to Council
08/04/97 MON 11:18 FAX 612 452 5550 C K S R F 444 CHANHASSEN
JOINT POWERS AGREEMENT FOR THE TEMPORARY
UTILIZATION BY THE CITY OF VICTORIA OF THE
CITY BUILDING OFL'ICIAL AND RELATED SERVICES
OF THE CI'T'Y OF CHANHASSEN
THIS JOINT POWERS AGREEMENT ("Agreement "), initially made and
entered into by and between the Cities of Chanhassen, Minnesota and Victoria,
Minnesota, is effective upon the adoption of the attached resolutions by each city and
the execution of this Agreement by the named officers of each city.
I. Background
Both cities are political subdivisions of the State of Minnesota, and are
incorporated as statutory cities. Both cities have adopted, administer, and enforce the
state building code within their respective boundaries. Minnesota Statutes §16B.62,
subd. 1, authorizes cities to "provide for the issuance of permits, inspection, and
enforcement within their jurisdictions by means which are convenient, and lawful,
including by means of contracts with other municipalities pursuant to Section 471.59. "
M.S. §16B.65 requires the governing body of each municipality to appoint a person to
administer the code who shall be known as a building official, and provides that two
or more municipalities may combine in the appointment of a single building official
for the purpose of administering the provisions of the code within their communities.
The City of Victoria is temporarily without staff to administer the building code within
its jurisdiction due to a vacancy in the position of building official. The City of
Chanhassen has the staff and resources available to provide building official services
to the City of Victoria.
537W
97 MON 11:13 FAX 612 452 5550 C K S & F 444 CHANHASSEN
II. Purpose
This Agreement, entered into by the Cities of Chanhassen and Victoria pursuant
to statutory authorization provided for by Minnesota Statutes § §16B.62, 16B.65, and
471.59, is for the purpose of providing building official services by the City of
Chanhassen to the City of Victoria. This Agreement may be modified by subsequent
agreements of the cities.
W. Appointment
By executing the attached resolution and this Agreement, the City of Victoria
hereby appoints City of Chanhassen Building Official Steve Kirchman, or his
successor, as its Building Official. The city confers on Mr. Kirchman and other
assigned personnel of the City of Chanhassen full authority to perform the duties of
building inspector, building official, code enforcement officer and any other
customarily related duties of a building official under the laves of Minnesota and
ordinances of the City of Victoria, including, but not limited to, the approval of plans
and the issuance of certificates of occupancy, stop orders, or citations.
IV. Scope of Services
A. The City of Chanhassen, through the services of the official appointed
pursuant to Section III, agrees to provide plan review, building inspection, and code
enforcement services to the City of Victoria.
B. These building official services will not include services customarily
provided by the State of Minnesota such as institutional building inspections, electrical
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08 ;04/97 AEON 11:19 FAX 012 452 5550 C K S & F
inspections or the like, unless agreed to by the cities.
y�y CHANHASSEN
C. The City of Victoria will continue to accept permit applications for
projects Iocated within its jurisdiction. The City of Chanhassen staff will review each
Permit application as required by state law and City of Victoria ordinances.
D. Permit applications requiring land use permits such as variances or
conditional use permits shall be forwarded to appropriate City of Victoria staff for
administrative processing.
E. All necessary plan review and design or document review and approvals
will be performed by the City of Chanhassen Building Official or his authorized
designee.
F. The City of Chanhassen staff will provide all necessary job site
inspections, and shall issue certificates of occupancy as necessary or warranted.
C. The City of Chanhassen staff will keep and maintain separate files for all
activities undertaken on behalf of the City of Victoria, and all such original documents
will remain the exclusive property of the City of Victoria.
H. The City of Chanhassen staff will confer with the City of Victoria staff
regarding any violations of state laws or local ordinances applicable to buildings or
structures within the City of Victoria.
I. Services will include regular office hours at the City of Victoria
according to a schedule acceptable to the cities.
53799 -3-
/97 MON 11:19 FAX 612 452 5550 C Ii S & F 444 CHANHASSEN
V- Fees and Compensation
A. Fees and charges relating to any building permit or other application
shall be imposed according to the fee schedules of the respective cities, and shall be
collected and managed according to the internal administrative processes established in
the respective cities.
B. The City of Victoria will, upon presentation of a periodic, detailed
billing of services provided, and time spent pursuant to this Agreement, compensate
the City of Chanhassen at the rate of Twenty -eight and N01100 Dollars ($2$.00) per
hour for services rendered between the hours of 5:00 a.m. and 4:30 p.m., Monday
through Friday, and Forty -two and N01100 Dollars ($42.00) per hour for services
rendered at other times.
C. The City of Chanhassen will be solely responsible for compensating the
Building Official and any designees under this Agreement, including any overtime
wages incurred, as well as any insurance or employee benefits provided under the
policies or agreements of the City of Chanhassen.
D. The City of Victoria will provide a vehicle, office, equipment, and
supplies necessary to provide building official services, and will bear all costs
attendant thereto.
E. Each city agrees to assume sole liability for any negligent or intentional
acts of the Building Official and his/her designees while performing the assigned
duties within the jurisdiction of each city. Each city agrees to indemnify, defend, and
N MM
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08104/97 MON 11:20 FAX 612 452 5550 C Ii S & F
44-> CHANHASSEN
hold harmless the other from any claims, causes of action, damages, loss, cost or
expenses including reasonable attorney's fees resulting from or related to the actions
of each city, its officers, agents or employees in the execution of the duties outlined in
this Agreement.
VI. Termination, Separability
A. This Agreement may be terminated by either party upon ten (10) days
notice provided to the City Manager of Chanhassen or City Administrator of Victoria.
B. Upon termination, any and all records or property of the respective cities
will be returned to the appropriate city.
C. This Agreement is governed by the laws of the State of Minnesota.
D. In the event that any provision of this Agreement is held invalid, the
other provisions remain in full force and effect.
IN WITNESS 'WHEREOF, the Cities of Chanhassen and Victoria have
pursuant to the authorizing resolutions hereto attached, caused this Agreement to be
duly executed effective on the day and year last entered below.
CITY OF CHANHASSEN
Nancy K. Mancino, Mayor
CITY OF VICTORIA
Mary Meuwissen, Mayor
Don Ashworth, City Manager
Date
Joanne Kopet, City Administrator
Date
53799 -5-
:17 MON 11:20 FAQ 612 452 5550 C Ii S & F
RESOLUTION 97_
iii CHANHASSEN 2 007
A RESOLUTION AUTHORIZING EXECUTION OF A
JOINT POWERS AGREEMENT FOR THE TEMPORARY
UTILIZATION BY THE CITY OF 'VICTORIA OF THE
BUILDING OFFICIAL AND RELATED SERVICES OF
THE CITY OF CHANHASSEN
WHEREAS, the City of Victoria is currently without the services of a Building
Official.; and
V the City of Chanhassen is willing and able to assist the City of
Victoria by providing Building Official services; and
WHEREAS, state law expressly allows the execution of joint powers
agreements and the joint provision of Building Officials and related services,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chanhassen hereby authorizes its Mayor and City Manager to execute the attached
Joint Powers Agreement between the Cities of Chanhassen and Victoria.
Adopted by the Chanhassen City Council this _ day of
1>�2a
ATTEST:
Don Ashworth, Clerk /Manager Nancy K. Mancino, Mayor
08/04197 MON 11:21 FAX 612 452 5550 C K S & F 44 CHANHASSEN
RESOLUTION 97.
A RESOLUTION AUTHORIZING EXECUTION OF A
JOINT POWERS AGREEMENT FOR THE TEMPORARY
UTILIZATION BY THE CITY OF VICTORIA OF THE
BUILDING OMCIAL AND RELATED SERVICES OF
THE CITY OF CHANHASSEN
WHEREAS, the City of Victoria is currently without the services of a Building
Official; and
WHEREAS, the City of Chanhassen is willing and able to assist the City of
Victoria by providing Building Official services; and
WHEREAS, state law expressly allows the execution of joint powers
agreements and the joint provision of Building Officials and related services,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Victoria hereby authorizes its Mayor and City Administrator to execute the attached
Joint Powers Agreement between the Cities of Chanhassen and Victoria,
Adopted by the Victoria City Council this day of , 1997,
ATTEST:
Joanne Kopet, City Administrator Mary Meuwissen, Mayor