4.4. SR 04-10-2000'ity of
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M£MORANDLIM
Item # 4.4
TO:
FROM:
DATE:
SUBJECT:
Mayor & City Council
Pat Klaers, City Admini~:.~°r
April 10, 2000
Consider Joint Powers Agreement Between City of Elk
River and School District 728 Regarding Use of Parking
On January 24, 2000, the City Council and School Board discussed the desire
for city assistance in enforcing parking restrictions in the school's Oak Knoll
parking lot. I believe the council was in agreement to provide this service if it
could be legally set up for the city to enforce parking restrictions on school
property. The city attorney has worked with the school's attorney and has
agreed that the attached Joint Powers Agreement will work for both parties.
The School Board approved this agreement at its March 14 meeting.
Recommendation
It is recommended that the City Council approve the attached school/city Joint
Powers Agreement regarding parking enforcement.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
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JOINT POWERS AGREEMENT
THIS AGREEMENT, made this day of , 2000, by and
between the CITY OF ELK RIVER, a municipal corporation located in Sherburne
County, Minnesota (hereinafter called "City"), and ELK RIVER INDEPENDENT SCHOOL
DISTRICT NO. 728, a public corporation with its district offices located in Sherburne
County, Minnesota (hereinafter called "District"):
WlTNESSETH:
WHEREAS, the District owns real property adjacent to and west of Proctor
Avenue, across Proctor Avenue from Vandenberg Junior High School, located within
the City of Elk River, Minnesota, which is currently used as a parking lot (hereinafter
referred to as the "Parking Lot'S; and
WHEREAS, the District wants to discourage the use of the Parking Lot by
unauthorized persons so as to minimize the risk of.motor vehicle accidents on Proctor
Avenue; and
WHEREAS, the District has the authority pursuant to applicable Minnesota law
to regulate the use of its property and restrict people's rights to park on that property
and pursue remedies and consequences for violations of use restrictions imposed by
the District; and
WHEREAS, the City has the right pursuant to applicable Minnesota law and its
ordinances to enforce land use restrictions and issue citations for parking violations;
and
WHEREAS, the City and the District have the authority to enter into a Joint
Powers Agreement to accomplish common goals in a manner consistent with
applicable law, pursuant to Minn. Stat. §471.59, et seq.; and
WHEREAS, the District 'and the City desire to cooperate in regulating the use of
the Parking Lot;
NOW, THEREFORE, it is hereby declared and agreed as follows:
1. The purpose of this Agreement is to jointly exercise the independent
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powers of the City and the District to regulate parking in the Parking Lot.
2. The District hereby authorizes the City to exercise its police powers and
powers to promote health, saf. ety and general welfare and issue citations to motor
vehicle owners when those owner's vehicles are parked in the Parking Lot without
displaying a permit issued by the District which authorizes the vehicle to be parked in
the 'Parking Lot.
3. The District agrees to post signs in the Parking Lot, indicating that a
motor vehicle may not be parked in the Parking Lot without displaying a permit which
authorizes the motor vehicle to be parked in the Parking Lot.
4. The District authorizes the City to enter upon District property to advance
the goals of this Agreement and understands and acknowledges that revenue
generated from the issuance of citations shall be disbursed in accordance with
applicable law and the District shall not be entitled to any of that revenue.
IN' WITNESS WHEREOF, the parties hereby have executed this Agreement
effective the day and year first above written.
CITY OF ELK RIVER
-' By:
And:
Stephanie Klinzing, Mayor
Sandra A. Thackeray, City Clerk
ELK RIVER INDEPENDENT SCHOOL
DISTRICT NO. 728
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By:
By:
Mark Strater, School Board Chair
David Flannery, SuperintenJent
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