HomeMy WebLinkAbout6.e. Parking Lot Use Joint Powers Agreement with ISD 196
EXECUTIVE SUMMARY
City Council Regular Meeting: August 16, 2022
AGENDA ITEM: Parking Lot Use Joint Powers Agreement
with ISD 196
AGENDA SECTION:
Consent
PREPARED BY: Dan Schultz, Parks and Recreation
Director
AGENDA NO. 6.e.
ATTACHMENTS: Proposed JPA - Use Agreement APPROVED BY: LJM
RECOMMENDED ACTION: Motion to approve the Joint Powers Agreement with ISD 196
for student parking at the Rosemount Community Center
BACKGROUND
For several years, students from Rosemount High School (Independent School District #196) have parked
their vehicles in the south lot at the Rosemount Community Center. Last year the City had several rental
events that had issues with not having enough parking at the RCC due to the students using 100% of the
RCC south lot parking stalls.
Due to the challenging impacts that the student parking has caused at the RCC, the City wishes to restrict
the number of Rosemount High School students who park in the RCC south parking lot. The City is
willing to allow a limited number of students to continue to park at the RCC. The City is proposing to
allow RHS to use 163 stalls out of 238 stalls for student parking on days when school is in session. The
RHS staff would responsible for monitoring the use of the lot by their students, collecting a $20 per
trimester parking fee, and providing / placing suitably sized trash receptacles near the lot.
RECOMMENDATION
Attached is a joint powers agreement that would allow the Rosemount High School to sell 163 parking
passes for students to park in the south lot at the RCC on school days.
Staff is recommending the City Council approve the attached Parking Lot Use JPA with ISD 196.
JOINT POWERS AGREEMENT
AGREEMENT made this ______ day of _____________, 2022 by and between the CITY OF
ROSEMOUNT, a municipal corporation (“City”), and INDEPENDENT SCHOOL DISTRICT NO. 196, a
Minnesota school district (“District”).
RECITALS
A. The District owns and operates Rosemount High School located adjacent to the Rosemount Community
Center (“RCC”), which is owned and operated by the City.
B. Rosemount High School students who have not been able to secure a parking spot for their vehicles on
the property of Rosemount High School have historically parked their vehicles in the Rosemount
Community Center parking lot.
C. The City wishes to restrict the number of Rosemount High School students who park in the RCC
parking lot, but is willing to allow a limited number of students to continue to park in the RCC lot to
avoid additional congestion and parking on City streets, provided that certain conditions are met by the
School District.
D. For the convenience of its students, the District wishes to enter into an agreement with the City to allow
a limited number of students to continue to park in the RCC parking lot.
E. It is in the best interest of the City and the District to implement these modifications in the interest of
public health, safety and welfare.
F. The City and the District are authorized to enter into an agreement to exercise joint control over student
parking in the RCC parking lot pursuant to Minnesota Statute § 471.59.
NOW, THEREFORE, the parties agree as follows:
I. Duties
The City Shall:
1. Provide one hundred-sixty-three (163) parking spaces in the southwest center of the RCC parking
lot for the exclusive use by Rosemount High School students on days on which school is in
session.
2. Paint the designated parking area in a color which is immediately identifiable by students and
significantly different from the non-student designated area (yellow painted area).
3. Be responsible for any signage, snow removal and general maintenance of the parking lot.
4. Contact Rosemount High School with any concerns regarding student behavior in the RCC parking
lot.
The District Shall:
1. Sell parking permits to Rosemount High School students for the RCC parking lot at the rate of
$20.00 per trimester. Fees will be deposited in District general funds. RCC permits shall only be sold
after the Rosemount High School main lot has been sold out.
2. Issue a RCC parking permit to be attached to the rearview mirror of each student vehicle parked in
the lot. The parking permit shall be readily distinguishable from other parking permits issued by
Rosemount High School.
3. Require students who receive permits for the RCC parking lot to complete a parking form which
includes the student’s name and address and the make, model, color, and plate number of the vehicle
that the student intends to park in the RCC parking lot. Students and their parents shall also be
required to sign a consent form to share this information with the City, as well as a form
acknowledging a thorough understanding of all District parking policies including the policy of
vehicular searches by school administrators and acknowledging that the District discipline policy
will be enforced with respect to misconduct that occurs in the RCC parking lot.
4. Provide and place suitably sized trash receptacles in a location as convenient as possible to the
designated parking area.
5. On a daily basis, make a minimum of two inspections of the RCC lot. The inspections will be
conducted by Rosemount High School staff and will inspect student compliance with parking
regulations and other school policies and rules, as well as look for evidence of student vandalism or
littering.
6. Administer appropriate disciplinary consequences for students who violate school policy or law,
contact local law enforcement, as necessary, for violations of law, and dispatch the ground
maintenance staff to remove student trash left in the RCC parking lot.
7. Work with City officials to hold students accountable for parking outside the designated parking area
or for parking in the RCC parking lot without an official permit.
8. The District shall retain the power to terminate a student’s permit for misuse of the permit or
misconduct in the RCC parking lot. The District shall also retain the power to terminate all parking
permits at the end of each trimester in the event that the City exercises its right to terminate this
Agreement.
II. Ownership and Operation
Ownership and operation of the RCC parking lot, including the student designated area, shall be vested
in the City.
III. Severability
If any portion of this Agreement is found to be illegal, that portion of the Agreement shall be severed
and the remainder of the Agreement shall remain in full force.
IV. Amendment
This Agreement may be amended in writing by agreement of both parties.
V. Termination
This Agreement will be effective upon approval by the governing boards of both parties. This
Agreement will automatically renew from one Rosemount High School trimester to the next, unless
either the City or the District provides written notice to the other that it wishes to terminate the
Agreement. Either party may terminate this Agreement with the required notice for any reason. In the
event either party exercises its right to terminate, the obligations under this Agreement will terminate at
the end of the Rosemount High School trimester following written notice to the other party of that
party’s intent to terminate. In the event that notice of intent to terminate is given less than thirty (30)
days before the end of a trimester, the Agreement shall not terminate until the end of the next full
trimester.
VI. Legal Compliance
The parties agree to comply with all applicable state, federal and local laws.
VII. Funds
Each party shall be separately and strictly accountable for its own expenditure of public funds made to
carry out the requirements of this Agreement. Neither party shall assume any responsibility for the
accountability of funds expended or received by the other party as a result of this Agreement or the
issuance of a purchase order by the other party as a result of this Agreement.
VIII. Liability and Responsibility for Loss
The City and the District shall each be responsible for the authorized acts of their respective officers,
employees, or agents and not the acts of the other party’s officers, employees, or agents. District 196
shall add the City as an additional insured under its general liability policy for purposes of liability
claims that arise out of this Agreement.
IX. Notices
The individuals designated to receive notices under this Agreement are as follows:
District Contact Person: City Contact Person:
_____________________________ ________________________________
Title Title
_____________________________ ________________________________
Address Address
______________________________ ________________________________
_____________________________ ________________________________
Phone number Phone number
CITY OF ROSEMOUNT INDEPENDENT SCHOOL DISTRICT No. 196
BY: BY:
Jackie Magnuson, Chair
AND: AND:
Sachin Isaacs, Clerk