HomeMy WebLinkAbout4.t. Contract for Inspection Services on Public Buildings k Y
CITY OF ROSEMOUNT
EXECUTIVE SUD��ARY FOR ACTION
CITY COUNCIL MEETING DATE: OCTOBER 5, 1993
AGENDA ITENl: Contract for Inspection AGENDA SECTION:
Services on Public Buildings Consent Agenda
PREPARED BY: AGENDA NO.
Paul Heimkes, Public Works/Building �
ATTACffi�lENTS: Resolution and Contract AP�VE�
� �
The State of Minnesota Building Codes and Standards Division has
requested that we enter into a "Longterm" agreement for plan review,
code administration and code enforcement on all public buildings
constructed within Rosemount. They have currently been doing this
same type of °Contract" with our Building Inspection Division but on a
project by project basis creating a lot of extra paperwork and red
tape on each project. They are now willing and are requesting that
this same agreement system be done on a three year basis. The State
always has and is again allowing us to use one of three options for
this service. The options are:
1. Provide all services permanently on all public buildings.
2 . Provide only inspection services on public buildings.
3 . Choose on a project by project basis what services we would
like to provide and when we will provide them.
We are recommending that as we have in the past, we elect to use
option three and choose which services we can provide on a project by
project basis. We are recommending option three because some
construction projects require more time than others and we have
neither the staff nor the time to cover all services required on very
large projects, and be able to continue the required services to the
rema.inder of the community.
RECO�NDED ACTION: MOTION BY COUNCIL TO ADOPT RESOLUTION 1993-
APPROVING THE CONTRACTUAL AGR�EMENT BETWEEN THE CITY OF ROSEMOUNT AND
THE STATE OF MINNESOTA FOR CODE ENFORCEMENT AND ADMINISTRATION ON
PUBLIC BUILDINGS WITHIN THIS MUNICIPALITY.
COUNCIL ACTION:
CITY OF ROSEMOUNT
DAROTA COUNTY, MINNESOTA
RESOLUTION 1993 -
A RESOLUTION ADOPTING A CONTRACTUAL AGREEMENT BETWEEN
THE CITY OF ROSEMOUNT AND THE STATE OF MINNESOTA
DEPARTMENT OF ADbiINISTRATION BUILDING CODES
AND STANDARDS DIVISION TO PROVIDE FOR PLAN REVIEW,
CODL ADMINISTRATION AND CODF ENFORCE�FNT SFRVICES
FOR PIIBLIC BIIILDINGS IN THE JIIRISDICTTON OF ROSEMOtTNT.
WHEREAS, a contractual agreement between the State of Minnesota,
Department of Administration Building Codes and Standards Division and
the City of Rosemount will be adopted as requested by the State.
WHEREAS, the contractual agreement will allow the City of Rosemount to
choose on a project by project basis which public building project the
Municipality wishes to pravide services for plan review; code
administration and code enforcement for within its jurisdiction.
WHEREAS, said contractua� agreement shaTl terminate July 1, 1996 and may
be renegotiated at that time.
WHEREAS, the City of Rosemount will provide a licensed building official
and inspectors adequately trained and qualified to provide code
administratiQn and services as defined in Minnesota State 16B60 Subd. 6 :
NOW, THEREFORE, BE IT RESOLVED by the City Council of Rosemount
Minnesota, hereby approves the contractual agreement requested by the
State of Minnesota for the purposes contained herein.
ADOPTED this 5th day of October, 1993 .
E. B. McMenomy, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
CONTRACTUAL AGREEMENT BETWEEN 3
City of Rosemount
and
STATE OF NRNNESOTA, DEPARTMENT OF ADMINIST'RATTON
BUILDING CODES AND STANDARDS DIVISION
Recitals
WHEREAS, the State of Minnesota, Commissioner of Administration, by and
• through the Department af Admi.n.istration, Building Codes and Standards Division,
(hereinafter"State")is authorized pursuant to Minn.Sta� § 16B.61,subd. la to contract with
a municipality for plan review, code administration,and code enforcement service for public
buildings in the contractual jurisdiction, �
WHEREAS, city of Rosemount � (hereinafter
"Municipality"), as defined in Minn. Stat. § 16B.60, subd. 3, constitutes an entity with which
the state shall contract for plan review, code administration, and code enforcement service
for public buildings in the contractual jurisdiction,
WI�REAS, the Municipality wishes to provide these services,
WHEREAS, the Municipality's building official meets the requirements of Minn.
State § 16B.65,
WHEREAS, the State has determined that the Municipality has enough adequately
trained and qualified building inspectors to provide those services for public building
projects defined in Minn. State § 16B.60, subd. 6:
NOW TI�REFORE,in consideration of the mutual covenants contained herein,the
State and the Municipality enter into this Contract for the purpose of conferring upon the
Municipality responsibility for administration of the State Building Code, Minn. Stat. §
16B.59 to 16.73 and Minn. Rules Chapters 13Q0 - 1370 (hereinafter "Code") for public
buildings within the Municipality's jurisdiction, as follows:
1. Recitals. The above recitals are true and are incorporated herein by this reference.
2. S�ecific Projects.
a. Municipality may, at its option, choose the projects for which it wishes to �
provide serviees by indicating that choice on the project form provided to the
Municipality by the State, an example of which form is attached as Exlubit A,
and by returning the form within�15 days to:
Building Codes and Standards Division
408 Metro Square Building
7th & Roberts Streets
St. Paul, Minnesota 55101
b. Municipality agrees to adopt a resolution at a meeting duly called and
attended by a quonun authorizing an individual to exercise the:municipality's
option under this paragraph by inidaling and signing the project form. �A
certificate of the resolution will be provided to the State prior to or upon
municipality exercising its option.
c. Specific project forms once completed and duly executed by the authorized
municipal official and the state building insp�ctor are incorporated by
reference and made a part of this Contrac�t. The executed specific project �
form constitutes notice upon receipt to�the State that the municipaiity thcreby
exercises its option.
3. Mum�aIi Duties: For those projects for which the Municipality opts to administer
the Code under paragraph 1, the Municipality may, at its option, choose to perform
the duties enumerated under either subdivision (a) or subdivision (b) of this
paragraph byindicating that choice on the project form provided to the municipality
by the State.
a. To attend to all aspects of code administration and code enforcement, .
including:
1. Prelim.inary plan review with the State when required by the State,
2. Plan review of building and grounds with municipal plan review
-� comments, designer's respanses,and state plan review application form
signed by designer and forwazded to the State when requested,
3. Application, enforcement and interpretations of all Code provisions,
4. Documentation on file of all equivalencies and modifications to Code
as required by UBC 145 and 106,
5. Issuance of all permits,
6. Maintenance of alI records (inspection records, special inspection
reports, tests);
7. Issuance of certificate of occupancy with a copy informi.ng the Sta.te
Building Inspector when services are completed,
� 8. Completion of the Building Codes and Standards Division public
building pro}ect report form, which is to be provided by the State.
b. To attend to all aspects of code administration and code enforcement for
inspections only, including:
1. Issuance of all pemuts
2. Maintenance of all records (inspection records, special inspection
reports, tests);
3. Issuance of certificate of occupancy with a copy i.nforming the State
. Building Inspector when services are completed:
4.. Completion of the Building Codes and Standards Division public
building project report form, which is to be provided by the State.
4. T�rm of Contract. This Contract shall be effective upon execution by the State
Building Inspector and will terminate on July 1, 1996,unless cancelled by either party
under paragraph 5, "Cancellation."
5. �ncellation. This Contract may be cancelled by the State or lViunicipality at any
time, with or withaut cause, upon thirty (30) days written notice to the other party.
6. ' ili . Municipality assumes all liability for its actions and actions of its
employees and agents performing under this Contract and is governed by the
provisions of the Municipal Tort Claims Act, Minn. State. Ch. 466.
7. Ass�nment. Municipality shall neither assign nor transfer any rights or obligations
under this Gontract.
8. �tate Audits. The books, records, documents, and accounting procedu.res and
practices of the Municipality relevant to this Contract shall be subject to examination
by the contracting department and the legislative auditar.
� 9. Fees and Surcharges. All costs of admi.nistering the building code under this
Contract shall be charged by the Municipality as prescribed by Minn. Sta� §16B.61,
subd. 1a No fees, charges or surcharges shall be paid by the Building Codes and
Standards Division of the Department of Administ�ation, State of Minnesota, under
the provisions of this contract. �-
10. 9�ershiF of Documents. Any reports, studies, photographs, negatives or other
documents prepared by the Municipality in the performance of its obligations under
this Contract shall be the exclusive properry of the State and all such materials shall
be remitted to the State upon request. Municipality shall not use, willingly allow or
� cause to have such materials used for any purpose other than performance of State's
obligations under this Contract without the prior written consent of the State.
11. Amendments or ChangeS.
a. Any additions or changes to this Contract must be in writing and must be
agreed to by each party by having the proper autharized designees sign each
amendment, exhibit, and addendum.
b. Any additions and changes executed and agreed to as required by subdivision
(a) of this paragraph must be approved as to form and execution by the
Deputy Attorney General for the Division of Public Finance.
Approved:
By:
Title: Municipal City Manager/Admi.nistrator
Date:
�proved:
By: �
Title: Municipal Building Official
Date:
Approved:
Minnesota Department of Administration
Build.ing Codes and Standards Division
By:
Title: State Building Inspector
Date:
Approved as to form and execution:
By: -
Title:
Date:
ti
[bc\form\contract.yrl]
' RIGHT OF APPEAL: An owner of property to be assessed may
appeal the assessment to the district court
of Dakota County pursuant to Minnesota
Statutes, Section 429 . 081 by serving notice
• of the appeal upon the Mayor or Clerk of
the City within 30 days after the adoption-
of the assessment and filing such notice
with the district court within ten days
after service upon the Mayor or Clerk.
LIMITATION ON No appeal may be taken as .to the amount of
APPEAL: any assessment adopted by the City Council
unless a written objection signed by the
affected property owner is filed with the
. Clerk prior to the assessment hearing or
. presented to the presiding officer at the
hearing. All objections to the assessments
not received at the assessment hearing in
the manner prescribed by Minnesota
Statutes, Section 429 .061 are waived,
_ unless the failure to object at the
assessment hearing is due to a reasonable
cause.
DEFERMENT OF Under the provisions of Minnesota
ASSESSMENTS: Statutes, Sections 435.193 to 435. 195, the
. City may, at its discretion, defer the
. � payment of assessments for any homestead
property owned by a person 65 years of age
or older for whom it would be a hardship to
make the payments. However, the City has
elected not to estab�ish any deferment
procedure pursuant to those Sections.
SPECIFIC AMOUNT TO The amount to be sgecifically assessed
BE ASSESSED against your particular 1ot, piece of
parcel of land is shown on the attached �
Exhibit A.
PREPAYMENT: You may prepay the entire assessment to the
Treasurer of the City until the assessment
. . roll is certified to the County Auditor;
after certification to the County Auditor,
prepayments of the �entire amount remaining
due may be made to the County Auditor at
any time prior to November 15 in the year
this assessment is adopted.
NO PARTIAL The City Council has not authorized the
partial prepayment of assessments prior to
certification of the assessment or the
2
' first installment thereof to the County
Auditor.
PREPAYMENT WITHOUT No interest shall be charged if the entire
INTEREST, OR WITH assessment is paid within 30 days fram
INTEREST TO END OF the adoption of the assessment roll. At
YE�� any time prior to November 15 of any year �
following the year the assessment is
certified, the owner may prepay to the City
Treasurer the whole assessment remaining
due with interest accrued to December 31 of
the year in which the prepayment is made.
INTEREST R.ATE; If the assessment is not prepaid within 30
days from the adoption of the assessment
roll, interest will accrue on the
assessment at the rate of ?.52840.
Interest accrues from the date to be
specified in the resolution levying the
assessment, but not earlier than the date
of such resolution. Assessments shall be
payable in egual annual installments
extending over a period of up to 10 years,
� the first of the installments to be payable
with general taxes for the year 1993,
collectible with such taxes during` the year
- 1994 . .
Dated this 7th day of September, 1993 .
BY OR.DER OF THE CITY COUNCIL.
S an M. W sh
City Cle
City of Rosemount
Dakota County, NII�T
3
; CITY OF Ro���u.,.....,..
.��� u�,cu��vu 5, Minneapolis MN
_ u ic. . 55416
I A�975 S 6,342
34 67428 020 01
Quinn Randall T& 14297 Cranberr Wa
Phyllie Y Y Rosemount MN 55068 S6,342
34 67428 030 p�
Chapple Layne W 8, 17084 Glencoe Ave
Denlae M Lakeville MN 65044 S6,342
34 67428 040 p�•
Mittaletaedt Bros.
Conat., inc. 785 Sunset Drive Eagan MN
. 65123 S6,342
34 67428 050 p�
Allard Petrick J & 14277 Cranberr Wa
i Y Y Rosemount $6,342
Carole L MN 55068
34 67428 060 01
Braunwarth Alan M& Mary 14271 Cranberr Wa
E Y y Rosemount MN 55068 $6,342
34 67428 070 p�
i Grou�d Properties, Inc
, t550 Utica Ave S Minneapolie MN
• �975 55416 56,342
34 67428 080 01 Gergen
Jeffrey A & 14257 Cranberry Way Rosemount
Paula J MN 55068 $8,342
34 67428 •090 01
Margarit Kevin J & Carol 14249 Cranberr Wa
34 67428 100 Y Y Rosemount MN 55068 $6,342
�1 Drummond Richard S &
14241 Cranberry Way Rosemount MN
Tamara S 55068 36,342
34 67428 110 p�
i M W Johneon Const 14261 Cedar Ava
Inc Apple ValleY MN 55124 56,342
34 67428
� 120 �� Ground Development 1550 Utloe Ave S
Inc #975 Minneapolis • MN 55416 $6,342
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