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Police Advisory Commission Agenda 07-18-2007AGENDA MONTICELLO POLICE COMMISSION Wednesday, July 18, 2007 - 7 p.m. 1. Call to Order. 2. Approve minutes of May 16, 2007 Police Commission meeting. 3. Consideration of adding items to the agenda. 4. Review of 2008 budget for Wright County Sheriff s Department. 5. Consideration of quarterly City Council presentations by Wright County Sheriffs Department. 6. Review current snowmobile ordinance and discuss City Council initiative banning snowmobiles on City streets. 7. Review noise ordinance enforcement and signage. Adjourn. C:000UMENTS AND SETT1NGS\BRUCE.WESTBY\L0CAL SETTINGS\TEMPORARY INTERNET FILES\OLKI\AGENDA PC 7-18-07.DOC MINUTES MONTICELLO POLICE COMMISSION Wednesday, May 16, 2007 - 7 p.m. Members Present: Brad Fyle, Dick Slais and. Susie Wojchouski DRAFT Members Absent: Dave Gerards and Jim Roberts Others Present: Lt. Dan Anselment, Sgt. Dave Anderson - Wright Co. Sheriff's Dept. Gary Anderson - Chief Building Official Rick Wolfsteller - Director of Finance Bruce Westby - City Engineer 1. Call to Order The meeting was called to order at 7:06 p.m. A quorum was present. 7. Update on develoament and implementation of Rental Housine License Ordinance. Brad Fyle moved agenda item #7 ahead of item #2 so Gary Anderson could leave immediately following his update. Gary Anderson, who authored the City's new Rental Housing License Ordinance, presented background information regarding the need for this ordinance and how it was developed. Gary then briefly reviewed the International Property Maintenance Code (IPMC), which is referenced within the new ordinance. Gary said he is planning on asking the City Council to adopt the IPMC at their regular May 29h Council meeting. Gary stated that the new rental housing license ordinance will allow the City to identify code issues through inspections. Gary also said that the local rental property owners he's talked to so far have expressed their approval of this ordinance. Brad Fyle asked if adoption of this ordinance could result in evictions. Gary stated that while tenant evictions" could occur, it is not the intention of the ordinance to promote evictions and evicting a tenant is typically the last resort on the part of the landlord to resolve a situation. Gary said that he expects inspections to begin on or about June 10, 2007, and that inspections will commence from west to east across the City. Gary thinks about 400 units can be inspected in a 3 month period. Fine amounts will be set so that the City remains in the black or at least breaks even. Gary stated that it is not the intent of the City to make money with this ordinance. Brad Fyle asked if this ordinance will assist the Sheriffs Department. Gary feels that it will. Sgt. Dave Anderson said it will likely give landlords more rights to evict troublesome tenants, and Lt. Dan Anselment stated that it will also likely put more pressure on landlords to manage their tenants more closely. Brad Fyle wondered if the ordinance will result in the City having a neater appearance. Gary Anderson thinks it should since it will provide specific information and input on what is needed for rental units to remain in operation. CADOCUNMNTS AND SFrMGS\BRUCE.WESTBY\LOCAL SETTINGSITEMPORARY INTERNET F1LM0LK1\MTGM1N PC 546-07.DOC Police Commission Meeting Minutes May 16, 2007 Page 2 T9N A I( N'REQUIRED BUT THE COMMISSION MEMBERS FELT THEY SHOULD TiIS ORDINANCE AND AS SUCH WILL TRY TO ATTEND THE MAY 29TH PLANNING COMMISSION WORKSHOP. 2. Approve minutes of February 28. 2007 Police Commission meetine. SUSIE WOJCHOUSKI MOTIONED TO APPROVE THE MINUTES OF THE FEBRUARY 28, 2007 POLICE COMMISSION MEETING AS WRITTEN. DICK SLAIS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Update on Citv purchase of speed trailer. Susie Wojchouski stated that the purchase of a speed trailer was approved by the City Council at their April 23`d regular Council meeting. Lt. Dan Anselment informed the group that the $1,500 grant from Safe Communities of Wright County had been approved for the trailer. Dick Slais asked why the cost of the trailer was less than previously discussed. Bruce Westby said it was because the City purchased a trailer with 12" tall numbers rather than 18" as previously proposed. Dick Slais asked if this would affect the trailer's effectiveness. Bruce Westby told the Commission that the manufacturer recommended 12" numbering for municipal use as speed limits are typically less than 45 mph. Lt. Dan Anselment recommended that the trailer first be used on Broadway Avenue to take advantage of the high visibility of this corridor. Susie mentioned that the Council recently reviewed the Sheriff's Department quarterly report and noted that there was a reduction in the number of speeding tickets issued in the City. Sgt. Dave Anderson said this is just indicative of the time of year as there are typically fewer crimes committed during the winter so there is more time spent issuing tickets for traffic violations. The Police Commission members unanimously agreed that they wanted the Monticello Times to take their picture with the trailer when it is delivered and that the picture be published in the newspaper. NO ACTION REQUIRED. 4. Update on action taken per Mn/DOT's School Boulevard Speed Studv. Bruce Westby gave a brief update on the status of the speed study. The Commission members then discussed how often they wanted updates from staff on previously discussed items. Brad Fyle and Susie Wojchouski recommended that all future update items be delivered to the Commission in the form of a green sheet update, similar to those provided to City Council members at Council meetings. The other Commission members agreed unanimously. NO ACTION REQUIRED. C:\DOCUIvtfiNTS AND SETnNGS\BRUCE.WESTBY\LOCAL S=INGS\TEMPORARY NTERNET FILES\OLKIMMMI 7 PC 5-1607.DOC Police Commission Meeting Minutes May 16, 2007 Page 3 5. Update on TH 25 traffic studv. Bruce Westby gave a brief update on the status of the traffic study. Work is on-going. NO ACTION REQUIRED. 6. Citv-Wide Pedestrian Crosswalk Improvement Proiect. Bruce Westby said the City is starting to work on plans for a city-wide project to provide enhanced pedestrian crossing improvements such as wider striping and pedestrian crossing signs at the more highly used intersection crossings. Construction could occur later this year or early next year, depending on work load and budget. Both Brad Fyle and Dick Slais indicated they have had trouble safely crossing many streets in the City. Brad mentioned that the crosswalk across Broadway at Locust Street is particularly bad. Sgt. Dave Anderson told the Commission that earlier this week he and Bruce Westby met with a wheel -chair bound resident who lives near this intersection to discuss his specific needs in terms of enhanced crosswalk improvements at this location. Sgt. Anderson noted additional signing will likely be installed at this crosswalk. Susie suggested that City staff consider using more visible paint within crosswalks. She has seen crosswalks with brightly colored paint while traveling and thinks we should consider such paint for our crosswalks. Bruce Westby will research this and present his findings a future meeting. NO ACTION REQUIRED. 8. Additional items of discussion? Susie Wojchouski presented the following items of discussion: a. Do the Sheriff s Deputies feel enough hours are currently allocated to do a good job in Monticello? Lt. Dan Anselment said the City ultimately makes that decision, but he feels things are going okay. Susie requested that the Sheriff s Department bring a proposal back to the next Police Commission meeting for consideration in developing the City's 2008 budget. b. The Taco John's entrance to/from School Boulevard is hazardous and the City should consider revising the signing and striping to make this area safer. Bruce Westby said plans are currently in progress to enhance the signing and striping in this area. c. Are flags required to be used on wheelchairs and electric scooters? Lt. Dan Anselment said the law does not require this. d. Have the Sheriff's Deputies uncovered candy -flavored methamphetamines in Wright County yet? Lt. Anselment said he wasn't sure if candy -flavored methamphetamines had been discovered in Wright County yet, but he did state that methamphetamine use is on the decline while cocaine and marijuana use is on the rise. NO ACTION REQUIRED. C..IDOCUMQdTS AND SECCINGSIBRUCEMESTIMLOCAL SEITMMTEMPORARY DMRNET FILMOLKIIMTGMIN PC 5-16-07.DOC Police Commission Meeting Minutes May 16, 2007 Page 4 9. Adiourn. MOTION WAS MADE TO ADJOURN BY SUSIE WOJCHOUSKI AND SECONDED BY BRAD FYLE. MOTION WAS APPROVED UNANIMOUSLY AT 8:26 P.M. Following adjournment the next Police Commission meeting was scheduled for 7 p.m. on Wednesday, July 18, 2007. Bruce Westby Recording Secretary C:\DOCUMENTS AND SE MGS\BRUCE.WESTBY\LOCAL SELTINGS\TEMPORARY INTERNET Fa.ES\OLKI\MTGMaN PC 5-16-07.DOC Police Commission Agenda: 7/18/07 4. Review of 2008 budget for Wrip-ht Countv Sheriffs Department. (BW) A. REFERENCE AND BACKGROUND: The City is in the process of preparing our budget for fiscal year 2008. Law enforcement is one of the City's budget items, and this service is provided by the Wright County Sheriff's Department. At the May 16, 2007 Police Commission meeting, Council liaison Wojchouski requested that the Sheriff's Department bring a proposal with their recommended services for fiscal year 2008 back to the following Commission meeting. Lt. Anselment will provide this proposal at the meeting for review and discussion. During fiscal year 2007 the City budgeted 18,980 hours for law enforcement at a rate of $52.25/hour totaling $991,705. An additional $4,500 was budgeted for miscellaneous professional services, of which $3,000 went to the MEADA program. This brought the total 2007 budget for law enforcement to $996,205. Effective July 1, 2007 an additional 8 hours/day of coverage was added, targeted specifically for traffic enforcement. B. ALTERNATIVE ACTIONS: 1. Motion to City Council recommending approval of services outlined in the Wright County Sheriff's Department 2008 budget proposal. 2. Motion to City Council recommending denial of services outlined in the Wright County Sheriff's Department 2008 budget proposal. 3. Motion to City Council recommending an alternative level of service by the Wright County Sheriff's Department for fiscal year 2008. C. SUPPORTING DATA: Wright County Sheriff's Department proposal for services in 2008 (to be provided at meeting). Police Commission Agenda: 7/18/07 5. Consideration of quarterly Citv Council presentations by Wright County Sheriff's Department. (BW) A. REFERENCE AND BACKGROUND: The City Council would like a representative of the Wright County Sheriff's Department to present their quarterly report to the City at regularly scheduled City Council meetings. The City Council feels this would be good information to share with the residents of the City, and that Council meetings are an appropriate venue for this information to be presented. This item requires no formal action by the Police Commission, however, a representative of the Wright County Sheriff's Department should inform an agent of the City as to the Sheriff's Department willingness to comply with the Councils request. B. SUPPORTING DATA: None. Police Commission Agenda: 7/18/07 6. Review current snowmobile ordinance and discuss Citv Council initiative banning snowmobiles on Citv streets. (BW) A. REFERENCE AND BACKGROUND: At the June 11, 2007 City Council meeting the resident at 515 Maple Street addressed the Council with several issues he has with snowmobiles operating on city streets. He noted that they frequently stray from designated routes and ride on private property, and that they often exceed legal speed limits. The Mayor agreed with the resident's comments and noted that many communities now require snowmobiles to be taken outside City limits before riding them. As such the Mayor felt that this would be a good time for the City to review its snowmobile ordinance to see if modifications should be made to address these issues. Councilmember Stumpf concurred with the resident and the Mayor, but indicated that the state has designated snowmobile routes for crossing rivers that must be taken into account if the City bans snowmobile operations on all city streets. The Police Commission is being asked to review the City's current snowmobile ordinance (attached) and to provide recommendations to the City Council for modifying it to ban the operation of snowmobiles on all City streets. B. ALTERNATIVE ACTIONS: 1. Motion to City Council recommending modification of snowmobile ordinance to ban snowmobile traffic on all city streets unless officially designated as a snowmobile route. 2. Motion to City Council recommending denial of modifying snowmobile ordinance to ban snowmobile traffic on all city streets unless officially designated as a snowmobile route. 3. Motion to City Council recommending alternative strategy to address the issues noted above. C. SUPPORTING DATA: City of Monticello snowmobile ordinance. Page 1 of June 11, 2007 City Council minutes. CHAPTER 5 SNOWMOBILES SECTION: 6-5-1: Definitions 6-5-2: Restrictions 6-5-3: Prohibited Areas 6-5-4: Age Restriction 6-5-5: Uncontrolled Intersections 6-5-6: Equipment 6-5-7: Compliance 6-5-8: Violation 6-5-1: DEFINITIONS: (A) Snowmobiles: As used in this ordinance, a snowmobile is defined to mean a self-propelled vehicle designed for travel on snow or ice or a natural terrain steered by wheels, skis, or runners. (B) Commissioner: As used in this ordinance, Commissioner means the Commissioner of Department of Natural Resources, State of Minnesota. (C) Person: As used in this ordinance, person includes an individual, partnership, corporation, the state and its agencies and subdivisions, and anybody of persons, whether incorporated or not. (D) Owner: As used in this ordinance, owner means a person other than a lien holder having the property in or title to snowmobile, entitled to use, or possession thereof. (E) Overate: As used in this ordinance, operate means to ride in or on and physically or constructively control the operation of a snowmobile. (F) ODerator: As used in this ordinance, operator means every person who operates or is in actual physical or constructive control of a snowmobile. (G) Roadwav: As used in this ordinance, roadway means that portion of a highway improved, designed, or ordinarily used for vehicular travel, including the shoulder. (I) Street or Hip-rhwav: As used in this ordinance, street or highway means the MONTICELLO CITY ORDINANCE TITLE VI/Chapt 5/Page 1 6-5-2: entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for the purposes of vehicular traffic. (1) Right -of -Way: As used in this ordinance, right-of-way means the entire strip of land traversed by a highway or street in which the public owns the fee or an easement for roadway purposes. (J) Safetv or Deadman Throttle: As used in this ordinance, safety or deadman throttle is defined as a device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving track. (K) Lake: Meandered lakes which are under the jurisdiction of the Commissioner of the Department of Natural Resources, State of Minnesota. RESTRICTIONS: It is unlawful for any person to operate a snowmobile: (A) Between the hours of eleven o'clock (11:00) p.m. and seven o'clock (7:00) a.m. within three hundred feet (300') of a residence, except that on Friday and Saturday nights and evenings preceding Thanksgiving, Christmas, and New Year's the hours shall be one o'clock (1:00) a.m. to seven o'clock (7:00) a.m. (B) At any place while under the influence of intoxicating (a) liquor, (b) narcotics, or (c) habit-forming drugs. (C) Snowmobile Operation Speed Limit: At a rate of speed greater than reasonable, prudent, or proper under all the surrounding circumstances, but in no case exceeding 15 mph. (#233, 11/23/92) (D) At any place in a careless, reckless, or negligent manner so as to endanger or be likely to endanger any person or property or to cause injury or damage thereto. (E) It is unlawful to intentionally drive, chase, run over, or kill any animal, wild or domestic, with a snowmobile. (F) On any sidewalks or pathways in the city of Monticello provided for pedestrian and/or bicycle travel. (#285, 1/13/97) (G) All public nronerty. including city narks, is closed to snowmobiliniz unless specifically designated by the Citv Council. Anv area so designated shall be published in the official newspaper of the Citv in a conn_ icuous place after such approval. MONTICELLO CITY ORDINANCE TITLE VI/Chapt 5/Page 2 (H) Snowmobiles shall obey all city and state traffic laws when operating vehicles on city streets. 6-5-3: PROHIBITED AREAS: It shall be unlawful to operate snowmobiles in the following areas: No person shall operate a snowmobile upon the roadway, shoulder, or inside bank or slope of any city trunk, county state -aid, or county highway in this city and, in the case of a divided trunk or county highway, on the right-of-way between the opposing lanes of traffic, except as provided in this ordinance, nor shall operation on any such highway be permitted where the roadway directly abuts a public sidewalk or walkway. No person shall operate a snowmobile on other city streets or roadways within the city limits for the purpose of general recreational use, except as a direct route for access to and from the operator's residence for the purpose of entering or leaving the city. When permitted by this ordinance, all snowmobiles shall be operated only on the roadway surface of streets with curb and gutter, or streets without defined ditches, and within the ditch bottoms or backslopes of streets with defined ditches. Operation of snowmobiles on or across private property is prohibited without express permission of the owner. No person shall operate a snowmobile within the right-of-way of any trunk city, county state -aid, or county highway between the hours of one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise, except on the right-hand side of such right-of-way and in the same direction as the highway traffic on the nearest land of the roadway adjacent thereto. No snowmobile shall be operated at any time within the right-of-way of any interstate highway or freeway within this city. The provisions of this section shall not apply in the case of emergency when any street is impassible by other motor vehicles. 6-5-4: AGE RESTRICTION: Notwithstanding anything in this ordinance to the contrary, no person under fourteen (14) years of age shall operate a snowmobile on city streets or make a direct crossing of a city street, trunk county state -aid, or county highway as the operator of a snowmobile. A person fourteen (14) years of age or older but less than eighteen (18) years of age may operate a snowmobile on streets as provided by this ordinance and may make a direct crossing of a city street, trunk county state -aid, or county highway only if he has in his immediate possession a valid snowmobile safety certificate issued by the Commissioner. 6-5-5: UNCONTROLLED INTERSECTIONS: No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall yield the right-of-way to any vehicle or pedestrian at the intersection or so close to the intersection so as to constitute an immediate hazard. MONTICELLO CITY ORDINANCE TITLE VI/Chapt 5/Page 3 6-5-6: EQUIPMENT: All snowmobiles shall have the following equipment: (A) Standard mufflers which are properly attached and in constant operation, and which reduce the noise of operation of the motor to the minimum necessary for operation. Mufflers shall comply with Regulations CONS 55, which is hereby adopted by reference as it existed on September 1, 1970. No person shall use a muffler cutout, bypass, straight pipe, or similar device on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling sound. (B) Brakes adequate to control the movement of and to stop and hold the snowmobile under any conditions of operation. (C) A safety or so-called "deadman" throttle in operating condition so that when pressure is removed from the accelerator or throttle, the motor is disengaged from the driving track. (D) At least one clear lamp attached to the front with sufficient intensity to reveal persons and vehicles at a distance of at least one hundred feet (100') ahead during the hours of darkness under normal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. It shall also be equipped with at least one red tail lamp having a minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a distance of five hundred feet (500') to the rear during the hours of darkness under normal atmospheric conditions. The equipment to be in operating condition when the vehicle is operated between the hours of one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise or at time of reduced visibility. (E) Reflective material at least sixteen (16) square inches on each side, forward of the handlebars, so as to reflect a beam of light at a ninety (90) degree angle. 6-5-7: COMPLIANCE: It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this ordinance. 6-5-8: VIOLATION: Any person violating any provision of this ordinance is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law. (#160, 1/11/88), (#358, 1/8/01) MONTICELLO CITY ORDINANCE TITLE VI/Chapt 5/Page 4 Council Minutes: 6/11/07 AGENDA REGULAR MEETING — MONTICELLO CITY COUNCIL Monday June 11, 2007 — 7 p.m. Mayor: Clint Herbst Council Members: Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski 1. Call to Order and Pledge of Allegiance. Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2 Approve minutes of Mav 29, 2007 Regular Council Meeting. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE MAY 29, 2007 REGULAR COUNCIL MEETING. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. The following items were added to the agenda: 1) Update on audio equipment in Council Chambers; 2) Joint Planning meeting with Big. Lake and Big Lake Township; 3) Update on Finance Director position; 4) Budget process; 5) Jefferson Commons; 6) League of Minnesota Cities conference; 7) MEADA event; 8) Update on Walk N Roll; 9) Public Works Tours; 10) Maintenance of roundabout and 11) Action on letter concerning ballfield improvements 4. Citizen comments, petitions, requests and concerns. Don Doran, 515 Maple Street spoke to the Council about the problems encountered with snowmobiling activity in the city this past winter. He stated the snowmobilers are either driving down the streets or across private property. Although the City does have an ordinance it does not appear that it is enforced as the snowmobilers exceed the speed limit of the ordinance and also operate their snowmobiles off the designated route. Clint Herbst agreed that snowmobiling activity was a problem as the snowmobiles were traveling on the City's sidewalks and pathways. He noted that many communities require that snowmobiles be taken outside the city to be used only on designated trails. He felt now would be a good time for the City to look at their ordinance to see if modifications need to be made. Brian Stumpf concurred with the need to review the ordinance and indicated the state has a special area designated where snowmobiles can cross the river so the City must take that into consideration when looking at their ordinance. Clint Herbst believed the designated snowmobile route through Monticello was supposed to be River Street. He added that the difficulty in enforcing the ordinance is getting the vehicle number so that the owner can be identified. Mr. Doran also commented on a blight situation regarding grass/weeds at a property. He indicated that he had called the City several times regarding the property and there was a considerable length of time that passed before anything took place. He felt that city Police Commission Agenda: 7/18/07 7. Review noise ordinance enforcement and signage. (BW) A. REFERENCE AND BACKGROUND: During the July 9, 2007 City Council meeting, Council discussed whether our current noise ordinance is enforceable without adding more signs along our streets. Council then directed staff to research this issue and to bring the results of their research back to the Council. The signs that are being proposed at each of the entrance points to the City are attached for your review and comment. Currently there are 13 entrance locations identified as needing signs if Council authorizes their installation. The Police Commission is being asked to consider and comment on the enforceability of our current noise ordinance without providing additional signs at all entrances to the City. The Commission could also weigh in on whether the proposed enforcement signs are appropriate and consistent with what the public may be accustomed to seeing. B. ALTERNATIVE ACTIONS: 1. Motion to City Council recommending installation of proposed noise ordinance enforcement signs at all entrances to the City. 2. Motion to City Council recommending not installing proposed noise ordinance enforcement signs at all entrances to the City. 3. Motion to City Council recommending alternative strategy to noise ordinance enforcement and signing. C. SUPPORTING DATA: Current City of Monticello noise ordinance language. Graphic w/ proposed noise ordinance sign. Monticello, Minnesota -- Noise City Code 6-1-10: NOISE State of Purpose. It is recognized that loud, unpleasant, raucous, or prolonged noise has a harmful, debilitating, and detrimental effect upon human beings, adversely affecting their mental and physical health, safety, and well-being. Such loud, unpleasant, raucous, or prolonged noise is hereby declared to be a public nuisance. In an endeavor to provide for the mental and physical health, safety, and well-being and for peaceful repose of the citizens and neighborhoods of the city, it is hereby declared to be in the public interest that loud, unpleasant, raucous, and unnecessary or prolonged noise be abated. 1. Activitv Prohibited. No person shall, between the hours of 10:00 p.m. and 7:00 a.m. conduct, permit, congregate at, participate in, or be present at any party or gathering of people from which noise emanates of such volume as to be plainly audible at a distance of 50 feet from where such gathering or party is taking place, or from which noise emanates of a sufficient volume so as to disturb the peace, quiet, or repose of persons residing in any residential area. 2. Abating Disturbances. No persons except the owner, tenant, or other lawful occupant shall visit, remain, or be present at or within any residential dwelling unit, adjacent yard, or structures wherein an activity prohibited by Section (B) of this ordinance is taking place except persons who have gone there for the sole purpose of abating the prohibited activity. 3. Enforcement. A peace officer may order all persons present in any such group or gathering from which such noise emanates or other than the owners or tenants of a dwelling unit to immediately disperse from said party in lieu of being charged under this ordinance. Refusal to disperse is a violation of the section. 4. Penalty. Any person violating any provision of this ordinance is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law. 1. Street Noise. No person between the hours of 7:00 p.m. and 7:00 a.m. shall operate a radio, stereo, tape player, or any other mechanical device other than an automobile engine on the highways, streets, parking lots, alleys, sidewalks, or other public property within the city of Monticello which is audible at a distance of 25 feet. 2. Penalty violation of this subdivision is a petty misdemeanor punishable by not more than the maximum penalty as prescribed by state law. Page 1 of 1 httn•/hwvxf ar ni mnntioalln mn ne/inrlav acn9T,,rir—R R A QIf Q.QR0—JA0QQ1r,nn CT' A U AOVIZ A -7Q❑ -7i1 i)nn'7 CHAPTER 1 TRAFFIC SECTION: 9-1-1: Act Adopted, Penalties 9-1-2: Parking and Stopping 9-1-3: Removal of Vehicles 9-1-4: Owner 9-1-5: Protection and Preservation of City Streets 9-1-6: Street Names 9-1-7: Unreasonable Acceleration & Erratic Driving 9-1-8: Parking in Regard to Snow Plowing and/or Removal 9-1-1: ACT ADOPTED; PENALTIES: The regulatory provisions of Minnesota Statutes 1961, Chapter 169, as amended are hereby adopted as a traffic ordinance regulating the use of highways, streets, and alleys within the city of Monticello and are hereby incorporated in and made a part of this ordinance as complete as if set out here in full. Any violation of the statutes adopted by reference in Section 9-1-1 is a violation of the ordinance when it occurs within the city of Monticello. Any person thus violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law.. If a minimum fine or imprisonment is prescribed by the State Highway Traffic Act for the offense or if such offense be classified as a petty misdemeanor, such penalty and/or classification shall apply to a person convicted of the same offense under this ordinance. (#358, 1/8/01) 9-1-2: PARKING AND STOPPING: Except for the City of Monticello or Wright County on its own right of ways, no person shall utilize any portion of any local public right of way, including the traveled street, boulevard or public parking lot for the storage or parking of any object or material which is not a licensed, operable motor vehicle, passenger vehicle or motorcycle as defined by Minnesota Statutes Chapter 169.0 1, Subd. 3, 3a and 4, except as may be explicitly permitted on a temporary period of time by the City Council or its designated representative. Properly licensed, operable motor vehicles, passenger vehicles and motorcycles may be parked in the public street where permitted but not on the boulevard portion of the public right of way subject to the further requirements of local parking regulations and applicable Minnesota Statutes. A trailer of any type properly licensed or not is not considered a motor vehicle or part thereof when disconnected from its tow vehicle. (#449, 8/28/06) (A) On a sidewalk or boulevard between sidewalk and roadway. (B) On a crosswalk. MONTICELLO CITY ORDINANCE TITLE DUChapt 1/Page 1 (C) Within an intersection. (D) Within twenty (20) feet of a crosswalk at any intersection. (E) Within ten (10) feet of a fire hydrant. (F) Within thirty (30) feet of any arterial stop sign or sign indicating the direction for travel. (G) On the roadway side of any vehicle stopped or parked at the edge or curb of a street or highway. (H) At any place where official signs prohibit stopping, standing, or parking. (1) In any manner on any street or highway so as to interfere with or interrupt the passage of other vehicles. (J) Along the curb adjacent to any school property from eight o'clock (8:00) a.m. to four o'clock (4:00) p.m. on days when school is in session. (K) On any street or roadway between the hours of two o'clock (2:00) a.m. and six o'clock (6:00) a.m. from November 15 through April 15, except physicians on emergency calls. (#65, 3/12/79) (L) On any city street for more than 72 consecutive hours. (M) On any city street for more than the posted time limit as established by the City Council (#193, 5/14/90) 9-1-3: REMOVAL OF VEHICLES: Whenever any police officer finds a motor vehicle has been parked or stopped in violation of any regulation contained herein, such officer is hereby authorized to move such vehicle, provide for the removal of such vehicle and the impounding of the same, or require the driver or other person in charge of the vehicle to move the same. Any such removal and/or impounding of the said vehicle shall be at the expense of the owner. 9-1-4: OWNER: For the purposes of this section, the term "owner" shall mean the person, firm, or corporation who holds legal title on the date of any alleged violation as evidenced by the official records of the Minnesota Secretary of State. Copies of any of the files or records of the Secretary of State certified as being true copies shall be received in evidence with the same force and effect as the originals, shall be admissible without further foundation, and shall be prima facie evidence as to the ownership of the said vehicle, but nothing herein contained shall exclude or prohibit the introduction of other evidence bearing on the issue of ownership. MONTICELLO CITY ORDINANCE TITLE IX/Chapt 1/Page 2 9-1-5: PROTECTION AND PRESERVATION OF CITY STREETS: (A) TRACTORS OR OTHER TYPES OF VEHICLES WITH LUGS: Tractors or other vehicles with lugs thereon or any other type of farm machinery that is not equipped with rubber tires are hereby prohibited from using said bituminous treated streets or parking lots in said city; and whoever drives such a vehicle upon said streets whereby said streets or parking lots shall be damaged shall be guilty of a misdemeanor. (B) LOAD LIMITS ON CITY STREETS OR PARKING LOTS: It shall also be unlawful for any person or persons, firm or corporation to drive any vehicle over said streets or parking lots having an axle weight load in excess of five (5) tons during periods of the year when county road restrictions are not in effect. During periods of county road restriction or on streets designed for more than five tons, the current city street design map adopted by the City Council shall take precedence over the five (5) ton limit and can be more or less restrictive. That any person, firm or corporation wishing to drive such vehicles in excess of above mentioned weight over any of the streets of Monticello shall first apply to the City Administrator for his permission. That the City Council may designate certain streets to be used regularly by such persons, firm, or corporation in the operation of their business, outlining certain routes that said vehicles are to follow and that no deviation from such routes will be permissible. (#146,4/8/85) (C) TRUCKS OPERATING ON RESIDENTIAL STREETS: It will be unlawful for any person or persons, firms or corporations to operate a truck of over 9,000 pounds gross weight on residential streets except those trucks that are actually engaged in making deliveries or pickups at residential dwellings. Further, they will utilize state highways or designated truck routes wherever possible when making these deliveries or pickups. All other truck traffic not making deliveries or pickups will utilize only state highways or designated truck routes. Trucks making deliveries or pickups on residential streets will adhere to the provisions of paragraph 9-1-5 (B). (D) PENALTY: Any person violating any provision of this ordinance is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law. (#358, 1/8/01) 9-1-6: STREET NAMES: Street names have been adopted according to the official city map on file at City Hall. (#26, 12/27/76) 9-1-7: UNREASONABLE ACCELERATION, ERRATIC DRIVING, AND EXHIBITION DRIVING MONTICELLO CITY ORDINANCE TITLE DUChapt 1/Page 3 (A) Unreasonable acceleration by any motor vehicle upon any public highway, street, parking lot, alley, or other public property within the limits of the city of Monticello, except when an emergency creates the necessity for such operation, is prohibited. Unreasonable acceleration of a motor vehicle is hereby defined as acceleration which unnecessarily breaks traction between a tire or tires and the driving surface, thereby causing a squealing or screeching sound by the tire or tires or the unnecessary throwing of sand or gravel by the tire or tires or both. (B) Erratic Driving - No person shall drive a vehicle on a public highway, street, parking lot, alley, or other public property at erratic or irregular and changing speeds so as to create a hazard to himself or other persons or property or so interfere with other traffic in the area. (#42, 10/10/77) (C) Exhibition Driving - No person shall drive or operate a motor vehicle upon any public highway, street, parking lot, alley, or other public property within the limits of the city of Monticello which causes unnecessary engine noise or backfire, nor shall any one between the hours of 7:00 p.m. and 7:00 a.m. parade a motor vehicle upon any public highway, street, parking lot, alley, or other public property within the limits of the city of Monticello. Parade a motor vehicle is hereby defined as driving or operating a motor vehicle up, down, or up and down, the same highway, street, parking lot, alley, or other public property more than three times within a thirty -minute period. (D) Penalties -Any person violating any provision of this ordinance is guilty of a petty misdemeanor and upon conviction shall be punished not more than the maximum penalty as prescribed by state law. (#164, 10/11/88) (#358, 1/8/01) 9-1-8: PARKING IN REGARD TO SNOW PLOWING AND/OR REMOVAL: After a snowfall, all streets in the city of Monticello shall be cleared of all motor vehicles and parts thereof for the purposes of snow plowing and/or removal until all streets are plowed. Any motor vehicle or parts thereof left on any street or boulevard in the city of Monticello in such a way as to impede the performance of the city and/or state snowplow shall be dealt with under the Penalty Code No. 1-4-1. (#155, 4/13/87) MONTICELLO CITY ORDINANCE TITLE IX/Chapt 1/Page 4 i. Y I Y iIlW.inl ii l''O'111 .,III IW 114 .1, 1111111611 Ill, ill 4'111Ill 1111,Il W ul tlYha dill II i Ill Ill All I, W Il ImUlA61./Ill Ill Mull I'i4itlilYniliuidilloll is ilImiA.11i'i ,All Monticello Police Commission Updates Prepared by Bruce Westby Wednesday, July 18, 2007 1) TH 25 Traffic Study — Mn/DOT is currently collecting traffic data on TH 25, Broadway Avenue and several City streets at their intersection with TH 25. Once Mn/DOT completes their data collection they will provide it to the City so we can update their latest traffic model. After that we develop a regional traffic model by merging ours and Big Lake's traffic models to analyze traffic conditions along the entire TH 25 corridor through Monticello and Big Lake. This regional model will assist the Joint Transportation Committee, which includes City Council members and staff from both cities and Big Lake Township Board members, in developing a solution to the congestion on TH 25. 2) School Boulevard Speed Limit Revision — The City reviewed the existing signing along School Boulevard from Fallon Avenue to TH 25 and noted no conflicts with revising the speed limit signing from 45 mph to 35 mph per the recommendations from Mn/DOT's speed study. As such the City is in the process of submitting plans to contractors for quotes to report the speed limit along this corridor. 3) School Boulevard Simin2 from Edmonson Avenue to TH 25 — The City Council asked staff to evaluate the existing signing between Edmonson Avenue and TH 25 to see if any signs could be removed to reduce the sign clutter. As a result of the Council's request approximately 14 signs will be removed. This will occur at the same time as the School Boulevard speed limit revision signing project per item #2 above. 4) All -way Stop at School Boulevard and Deegan Avenue — The intersection of School Boulevard and Deegan Avenue will be revised to an all -way stop controlled intersection in unison with items #2 and 3 above. 5) Pedestrian Facility Improvements related to new School District Bus Route Restrictions — Monticello Independent School District 882 imposed new bus route restrictions for school year 2007-2008 whereby busing will generally be limited to students living more than 1 -mile from school thereby forcing additional students to walk to school. On July 10th both myself and Tom Moores, Monticello Street Superintendent, met with Bill Holmgren, ISD 882 Finance Director, and Joe Dockendorf, Principal of Little Mountain Elementary, to discuss the ramifications of the new bussing restrictions. It was identified that the only area where pedestrian safety is a concern is near the Cardinal Hills and Klein Farms neighborhoods where students walk on Fallon Avenue, which is a narrow road with steep embankments along its edges. This is therefore not an ideal roadway for young children to be walking on, especially in the winter. City staff is therefore reviewing the feasibility of constructing a roadway -separated pathway west of Fallon from Farmstead Avenue to School Boulevard.