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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