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Police Advisory Commission Agenda 10-21-2009AGENDA MONTICELLO POLICE ADVISORY COMMISSION Wednesday, October 21, 2009 7 p.m. North Bridge Room Monticello Community Center 1. Call to Order. 2. Approval of minutes of: a. May 20, 2009 special Police Advisory Commission meeting b. July 15, 2009 regular Police Advisory Commission meeting c. July 30, 2009 special Police Advisory Commission meeting d. August 3, 2009 special Police Advisory Commission meeting 3. Consideration of adding items to the agenda. 4. Wright County Sheriff's Department updates / Q&A session. 5. Discussion on winter parking ordinance enforcement. 6. Discussion on snowmobile ordinance enforcement. 7. Consideration of reappointments for 2009 Police Advisory Commission term expirations. 8. Evaluation of Wright County Sheriff's Department law enforcement services. 9. Update on approved contract for 2010-2011 Wright County Sheriff s Department services. 10. Update on efforts to develop Sheriff s Office space within Monticello Community Center. 11. Update on River Street / TH 25 access modifications. 12. Discussion of added items. 13. Schedule next meeting. 14. Adjourn. MINUTES SPECIAL MEETING - MONTICELLO POLICE ADVISORY COMMISSION Wednesday, May 20, 2009 6:30 p.m. Boom Island Room Monticello Community Center Members Present: Brad Fyle, Jim Roberts and Tom Perrault Members Absent: Dick Slais Ex -Officio Representatives: Bruce Westby - City Engineer Others Present: Jeff O'Neill, City Administrator Don Patten, FiberNet Monticello General Manager 1. Call to Order Commissioner Fyle called the meeting to order at 6:35 p.m. It was noted that a quorum was present. 2. Approval of minutes of January 21, 2009 Police Advisory Commission meeting. City Administrator Jeff O'Neill presented detailed information on the FiberNet Monticello project to the Police Advisory Commission, including a summary of the background and goals of the project. Jeff then explained that the City is seeking 80% Federal matching grant funds for development of broadband in as much of the School District footprint as possible. There is specific language in the legislation enabling grant funding pertaining to use of ultra -fast broadband to make improvements to Public Safety systems, such as the use of Wi-Fi for Police Departments to communicate directly to mobile officers in squad cars. Wi-Fi connection speeds and the quality of digital data such as high resolution photos, videos, and web cams can be improved greatly when distributed to Wi-Fi radios via fiber, so a comprehensive fiber-optic system provides the best base for an effective Wi-Fi broadcast system used for public safety applications. After Mr. O'Neill had concluded his presentation and answered all questions he asked if the Police Advisory Commission would be willing to provide a letter of resolution or support for the FiberNet Monticello project. The members of the Police Advisory Commission indicated they were generally supportive of the project and Commissioners Fyle and Roberts both supported a resolution in support of FiberNet as long as a Wi-Fi application were included to assist mobile law enforcement personnel. NO FORMAL ACTION REQUIRED/TAKEN. Police Advisory Commission Meeting Minutes May 20, 2009 Page 2 3. Adiourn. MOTION WAS MADE TO ADJOURN BY TOM PERRAULT AND SECONDED BY BRAD FYLE. MOTION WAS APPROVED UNANIMOUSLY AT 7:41 P.M. Bruce Westby, City Engineer Recording Secretary MINUTES MONTICELLO POLICE ADVISORY COMMISSION Wednesday, July 15, 2009 7 p.m. Boom Island Room Monticello Community Center Members Present: Brad Fyle, Dick Slais, Tom Perrault and Jim Roberts Members Absent: None Ex -Officio Representatives: Lt. Dan Anselment - Wright County Sheriff's Department Bruce Westby - City Engineer Others Present: Jason Roubinek — City resident/PAC applicant 1. Call to Order Commissioner Fyle called the meeting to order at 6:58 p.m. It was noted that a quorum was present. Commissioner Roberts arrived at 7:02 pm (following approval of meeting minutes). 2. Approval of minutes of April 15, 2009 Police Advisory Commission meeting. COMMISSIONER PERRAULT MOTIONED TO APPROVE THE MINUTES OF THE APRIL 15, 2009 POLICE ADVISORY COMMISSION MEETING AS WRITTEN. COMMISSIONER FYLE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY (3-0). 3. Consideration of adding items to the agenda. • Commissioner Slais — Many drivers do not stop for STOP signs. • Commissioner Perrault — When will special Police Commission meeting minutes be presented for approval? • Commissioner Roberts — Has one more application for vacant Commissioners seat. 4. Wright Countv Sheriffs Department updates / O&A session. Lieutenant Anselment updated the Commission on several items including: • Introduced Deputy Erik Knoop who will be working the afternoon shift in Monticello. • Distributed and discussed speed data taken by Deputy Miller on West River Street. Data indicates speeding is not an issue on West River Street, which supports the results of speed data gathered by the City. • The Wright County Sheriff's Office is not recommending an increase in law enforcement service hours for 2010 since crime has generally not been on the rise. • In response to citizen complaints Sheriff's Deputies recently visited some "persons of interest" living at a residence in Monticello, and in following up on their visit it appears those persons have since moved out of the City and things have quieted down. Police Advisory Commission Meeting Minutes July 15, 2009 Page 2 • Things were generally quiet at RiverFest again this year, and that only one incident occurred during the street dance. NO FORMAL ACTION REQUIRED/TAKEN. 5. Review of 2010 budget for Wright County Sheriffs Department. Mr. Westby asked the Police Advisory Commission to provide a recommendation to the City Council regarding the number of hours the City should budget for law enforcement services in 2010. In 2009 the City of Monticello contracted with the Wright County Sheriff's Office for a total of 18,980 service hours, which equates to 52 hours per day. Commissioner Fyle asked whether any other cities the Sheriff's Department contracts with reduced their hours for 2010. Lieutenant Anselment indicated that the other cities all opted to stay with their current hours and that none had reduced their service hours for 2010. Based on comments made by Lieutenant Anselment, including those made with the previous agenda item, the Commissioners all felt it made sense to contract for the same amount of hours in 2010 as the current 2009 allotment. COMMISSIONER PERRAULT MADE A MOTION TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF LAW ENFORCEMENT SERVICES FOR 2010 AT THE SAME AMOUNT OF HOURS DEFINED IN THE 2009 LAW ENFORCEMENT CONTRACT. COMMISSIONER SLAIS SECONDED THE MOTION. MOTION WAS UNANIMOUSLY APPROVED. 6. Update on efforts to develop Sheriffs Office space within Monticello Communitv Center. Mr. Westby informed the Police Advisory Commission that staff recently met to discuss the office space needs for the Sheriff's Deputies, and that this is part of a larger issue regarding the office space needs of all City staff since any work space provided for Sheriff's Deputies must be located within a city -owned building per the contract language. Mr. Westby then noted that Lieutenant Anselment was also in attendance at the meeting and that he might be able to provide further insights, but based on the outcome of the meeting a decision on the location of their office space would not likely be made for several months. Lieutenant Anselment reminded everyone that their deputies are currently working out of the Fire Hall and that while things are going okay at present he fears there could be some potential data privacy issues looming due to the amount of foot traffic near their work area and the fact that they do not have a locked office to keep their paperwork secure. Lieutenant Anselment informed the Commission that a probation officer is also working out of the Fire Hall which is not the ideal location for such work. Lieutenant Anselment also noted that he would be worried about what the public's perception would be if they saw squad cars parked in front of the Community Center should they be relocated there. For that reason he would prefer that their office space be located in the Town Center office behind the liquor store on Walnut Street, if at all possible. NO FORMAL ACTION REQUIRED/TAKEN. Police Advisory Commission Meeting Minutes July 15, 2009 Page 3 7. Update on application for Economic Stimulus Funding for development of Wi-Fi application in coniunction with FiberNet Monticello. Mr. Westby informed the Commission that the City recently learned that the FiberNet project will not qualify for economic stimulus funding. However, the Commission should be aware that this does not mean that the FiberNet project will not move forward, including the development of a Wi-Fi application for mobile emergency services and law enforcement personnel. NO FORMAL ACTION REQUIRED/TAKEN. 8. Update on current River Street / TH 25 access modification pilot proiect. Mr. Westby informed the Commission that City staff was hoping to have some resolution to this item by now, but that City staff was recently contacted by the newly formed Monticello Downtown Business Association who requested that we meet with them to review our plans for the intersection before presenting those plans to the City Council for approval. Staff will therefore be meeting with them this week to review our plans with them, and to receive their input related to traffic considerations for the downtown area. NO FORMAL ACTION REQUIRED/TAKEN. 9. Update on applicant search for vacant Police Advisory Commission seat. Within their agenda packages each of the Commissioners had received a copy of the lone application the City had received to date to fill the vacant Police Advisory Commission seat. The applicant, Jason Roubinek, was in attendance at the meeting in case any of the Commissioners had questions for him. At this point Commissioner Roberts presented another application to the Commission for their consideration. It was then discussed that since nobody had an opportunity yet to review the new application that this item should be tabled and discussed during a special meeting to be held in the near future, and that the application process should be closed as of today to avoid receiving any other applications between now and the special meeting. COMMISSIONER ROBERTS MADE A MOTION TO CLOSE THE APPLICATION PROCESS EFFECTIVE IMMEDIATELY, AND TO HOLD A SPECIAL MEETING ON THURSDAY, JULY 30T" AT 7 PM FOR THE PURPOSE OF INTERVIEWING THE TWO APPLICANTS. COMMISSIONER FYLE SECONDED THE MOTION. MOTION WAS APPROVED BY A VOTE OF 3 TO 1 WITH COMMISSIONER PERRAULT VOTING IN OPPOSITION. 10. Discussion of added items. Drivers not stopping at STOP signs: Commissioner Slais commented that he is seeing more and more drivers running STOP signs and he is wondering what the Sheriff's Department can do about this safety issue. Lt. Anselment responded that everyone seems to be in more of a hurry these days so drivers are becoming less considerate to others, including other drivers and pedestrians, in order to save time. He indicated that they do ticket drivers who run STOP signs when they see them, and outside of that there isn't much else they can do. Police Advisory Commission Meeting Minutes July 15, 2009 Page 4 Special Police Advisory Commission meeting minutes: Commissioner Perrault noticed that the meeting minutes from their special meeting on May 20`" weren't included in their packets this time and was wondering when the minutes would be available. Mr. Westby indicated they will be presented for approval at their next regular meeting. Additional application for vacant Police Advisory Commission seat: See item #9 above. 11. Schedule next meeting. The next regular Police Advisory Commission meeting will be scheduled at the special meeting scheduled for July 30, 2009 per item #9 above. 12. Adiourn. MOTION WAS MADE TO ADJOURN BY COMMISSIONER FYLE AND WAS SECONDED BY COMMISSIONER PERRAULT. MOTION WAS APPROVED UNANIMOUSLY AT 7:54 P.M. Bruce Westby, City Engineer Recording Secretary MINUTES SPECIAL MEETING - MONTICELLO POLICE ADVISORY COMMISSION Thursday, July 30, 2009 7 p.m. Academy Room Monticello Community Center Members Present: Brad Fyle, Dick Slais, Jim Roberts and Tom Perrault Members Absent: None Ex -Officio Representatives: Lt. Dan Anselment - Wright County Sheriff's Department Others Present: 1. Call to Order Bruce Westby - City Engineer Andrew Johnson — City resident/PAC applicant Commissioner Fyle called the meeting to order at 7:02 p.m. It was noted that a quorum was present. 2. Interview candidates for vacant Police Advisory Commission seat. Both applicants, Jason Roubinek and Andrew Johnson, were scheduled to be interviewed in two separate 20 minute sessions, with Jason Roubinek scheduled first. However, applicant Roubinek was called in to work and as such was unavailable. The Police Advisory Commission therefore decided to interview applicant Johnson. Applicant Johnson was called in to the room and was introduced to the members and ex -officio representatives of the Police Advisory Commission. The applicant was then asked to respond to a set of predetermined questions, which are listed below with the applicant's general response following each. QI. Are you a resident of the City of Monticello? R1. Yes. Q2. Do your normal work hours allow you to meet with the Police Advisory Commission on Wednesday evenings during the months of January, April, July and October? R2. This should not be a problem. Q3. Do you have any experience related to lay enforcement and/or criminal justice? R3. Yes. He is a Police Officer with the City of Buffalo. Q4. Why do you feel you are a good candidate for this volunteer position? R4. He indicated he has a strong interest in public safety, and thought this would be a good chance to give something back to the community. Police Advisory Commission Meeting Minutes July 30, 2009 Page 2 QS. As part of the application process you may be required to undergo a criminal background check. Are you agreeable to this should you be the successful candidate? RS. Applicant Johnson gave his verbal consent to undergo a background check should he be the successful candidate. Following the interview the applicant was thanked for his time and was excused from the meeting room. Commissioner Fyle voiced his concern with having multiple police officers on the Police Advisory Commission and thought it would be best to have a mix of people with different backgrounds on the Commission. For this reason he would prefer that the other applicant be considered the preferred candidate. COMMISSIONER FYLE MADE A MOTION TO RECOMMEND CITY COUNCIL APPROVAL OF CANDIDATE JASON ROUBINEK PENDING THE RESULTS OF A CRIMINAL BACKGROUND CHECK. COMMISSIONER SLAIS SECONDED THE MOTION. COMMISSIONER PERRAULT STATED HE FELT THAT THE COMMISSION SHOULD INTERVIEW THE CANDIDATE BEFORE MAKING A RECOMMENDATION TO THE CITY COUNCIL. BOTH MOTIONS WERE SUBSEQUENTLY RESCINDED. A special meeting to interview applicant Roubinek was tentatively scheduled for 4:30 pm on Monday, August 3, 2009 pending availability of the applicant which Mr. Westby will follow up on. 3. Update on additional candidate applications. Mr. Westby informed the Commission that since the application period closed on July 15th the City received one more application on July 23`d. The applicant was informed that his application will be retained on file and that if neither of the current applicants is selected, or if either of the two Commissioners whose terms expire on December 31, 2009 decides to resign their seat, he will be contacted to see if he is still interested in the position. NO FORMAL ACTION REQUIRED/TAKEN. 4. Update on 2010 & 2011 hourly contract rates for Wright Countv Sheriffs Office patrol services. Mr. Westby informed the Police Advisory Commission that the hourly rates for law enforcement services for 2010 and 2011 were recently adopted by the County Board. The adopted hourly rate for 2010 is $57.50 per hour, and for 2011 the adopted hourly rate is $59.00 per hour. Commissioner Roberts asked if these rates include prosecution costs and Lieutenant Anselment indicated they do. NO FORMAL ACTION REQUIRED/TAKEN. 5. Schedule next meeting. Police Advisory Commission Meeting Minutes July 30, 2009 Page 3 The next Police Advisory Commission was scheduled for 7 p.m. on Wednesday, October 21, 2009. 6. Adiourn. MOTION WAS MADE TO ADJOURN BY COMMISSIONER PERRAULT AND WAS SECONDED BY COMMISSIONER ROBERTS. MOTION WAS APPROVED UNANIMOUSLY AT 7:46 P.M. Bruce Westby, City Engineer Recording Secretary MINUTES SPECIAL MEETING - MONTICELLO POLICE ADVISORY COMMISSION Monday, August 3, 2009 5:30 p.m. Academy Room Monticello Community Center Members Present: Brad Fyle, Dick Slais, Jim Roberts and Tom Perrault Members Absent: None Ex -Officio Representatives: Lt. Dan Anselment - Wright County Sheriff's Department Bruce Westby - City Engineer Others Present: 1. Call to Order Jason Roubinek — City resident/PAC applicant Commissioner Fyle called the meeting to order at 5:47 p.m. It was noted that a quorum was present. 2. Interview candidates for vacant Police Advisory Commission seat. After the meeting was called to order applicant Jason Roubinek was called in to the room and introduced to the members and ex -officio representatives of the Police Advisory Commission. The applicant was then asked to respond to a set of predetermined questions, which are listed below with the applicant's general response following each. Ql. Are you a resident of the City of Monticello? R1. Yes, and has been for 10 years. Q2. Do your normal work hours allow you to meet with the Police Advisory Commission on Wednesday evenings during the months of January, April, July and October? R2. Yes they do. Q3. Do you have any experience related to lay enforcement and/or criminal justice? R3. The applicant indicated he has no direct experience. Q4. Why do you feel you are a good candidate for this volunteer position? R4. He indicated he would like to enter local politics and thought becoming a member of this Commission would allow him to better understand the City. Q5. As part of the application process you may be required to undergo a criminal background check. Are you agreeable to this should you be the successful candidate? R5. Applicant Roubinek gave his verbal consent to undergo a background check should he be the successful candidate. Police Advisory Commission Meeting Minutes August 3, 2009 Page 2 Following the interview the applicant was thanked for his time and was excused from the meeting room. Commissioner Fyle again voiced his concerns with having multiple police officers on the Police Advisory Commission and thought applicant Roubinek would provide a good mix of people on the Commission having different backgrounds and perspectives on things. COMMISSIONER FYLE MADE A MOTION TO RECOMMEND CITY COUNCIL APPROVAL OF CANDIDATE JASON ROUBINEK PENDING THE RESULTS OF A CRIMINAL BACKGROUND CHECK, WHICH SHOULD BE A CITY COUNCIL DECISION. COMMISSIONER SLAIS SECONDED THE MOTION. MOTION CARRIED BY A VOTE OF 2 TO 1 WITH COMMISSIONER ROBERTS ABSTAINING DUE TO HIS FRIENDSHIP WITH ONE OF THE APPLICANTS AND COMMISSIONER PERRAULT VOTING IN OPPOSITION. 3. Adiourn. MOTION WAS MADE TO ADJOURN BY COMMISSIONER PERRAULT AND WAS SECONDED BY COMMISSIONER ROBERTS. MOTION WAS APPROVED UNANIMOUSLY AT 6:16 P.M. Bruce Westby, City Engineer Recording Secretary Police Advisory Commission Agenda: 10121/09 4. Wright Countv Sheriff's Department updates / O&A session. A. REFERENCE AND BACKGROUND: Representatives from the Wright County Sheriff s Department will provide updates on recent crime statistics and issues affecting the City of Monticello, and will respond to questions and/or concerns from the Police Advisory Commission members and any citizens in attendance. B. SUPPORTING DATA: None. Police Commission Agenda: 10/21/09 5. Discussion on winter parkinp- ordinance enforcement. (BW/WCSD) A. REFERENCE AND BACKGROUND: Representatives from the Wright County Sheriff's Department will be asked to discuss their proposed enforcement procedures over the coming winter as related to Monticello's parking ordinance requirements. B. SUPPORTING DATA: City of Monticello traffic ordinance (Title 9, Chapter 1). 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 169.01, 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, 8128/06) (A) On a sidewalk or boulevard between sidewalk and roadway. (B) On a crosswalk. MONTICELLO CITY ORDINANCE TITLE IX/Chapt I/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 l/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 IX/Chapt I/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 Police Commission Agenda: 10/21/09 6. Discussion on snowmobile ordinance enforcement. (BW/WCSD) A. REFERENCE AND BACKGROUND: Snowmobiling within city limits has been a topic of debate for the City Council off and on over the last few years therefore the City wants to ensure that the Wright County Sheriff's Department strictly enforces our snowmobile ordinance this winter. As such, representatives from the Wright County Sheriff's Department will be asked to review their proposed enforcement procedures for the coming winter with the Police Advisory Commission. If desired, the Police Advisory Commission can then provide recommendations to the City Council as deemed necessary to ensure that proper enforcement can be carried out. B. SUPPORTING DATA: City of Monticello snowmobile ordinance (Title 6, Chapter 5). 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) Operate: As used in this ordinance, operate means to ride in or on and physically or constructively control the operation of a snowmobile. (F) Operator: 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. (H) Street or Hi2hwav: As used in this ordinance, street or highway means the MONTICELLO CITY ORDINANCE TITLE VI/Chapt 5/Page I 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. (I) Riaht-of-Wav: 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. 6-5-2: 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 property, including citv parks, is closed to snowmobiliniz unless specifically desienated by the Citv Council. Anv area so designated shall be published in the official newspaper of the Citv in a consp_ 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 Police Advisory Commission Agenda: 10/21/09 7. Consideration of reappointments for 2009 Police Advisory Commission term expirations. (BW) A. REFERENCE AND BACKGROUND: The terms of two Police Advisory Commissioners, Dick Slais and Jason Roubinek, will expire on December 31, 2009. Commissioners Slais and Roubinek will be asked if they intend to seek reappointment for another 3 -year term, or if they intend to resign their position. The City Council will consider ratifying all appointees during their meeting on January 11, 2010 so the Commissioners are being asked to make their intentions known now to allow enough time to seek new candidates if needed. B. ALTERNATIVE ACTIONS: Motion to City Council recommending the reappointments of Dick Slais and Jason Roubinek to the Monticello Police Advisory Commission with appointments to expire December 31, 2012. 2. Motion to City Council recommending the reappointment of to the Monticello Police Advisory Commission with appointment to expire on December 31, 2012, and accepting the resignation of Commissioner effective December 31, 2009. 3. Motion of other. C. SUPPORTING DATA: City of Monticello Police Advisory Commission ordinance (Title 2, Chapter 7) CHAPTER 7 POLICE ADVISORY COMMISSION SECTION: 2-7-1: Establishment of Advisory Commission 2-7-2: Membership 2-7-3: Term of Office 2-7-4: Vacancies 2-7-5: Legal Advisory 2-7-6: Rules 2-7-7: Officers 2-7-8: Duties and Functions 2-7-9: Meetings 2-7-10: Compensation 2-7-11: Amendments 2-7-1: ESTABLISHMENT OF ADVISORY COMMISSION: A Police Advisory Commission is hereby established to advise the City Council on police and public safety matters. 2-7-2: MEMBERSHIP: (A) ComDosition - The Commission shall consist of four general members and two member of the City Council. One representative of the City Council shall be a full voting member of the Commission and the other Council representative shall act as Council Liaison to the Police Commission. (#493, 2/9/09) (B) General Members - All general members shall be appointed by the Council. Any vacancy in a general membership shall be filled for the unexpired term by the Council. A general member of the Police Commission shall be any adult resident of the city. (C) Council Representative - The Council representatives shall be appointed by the Mayor with ratification by the City Council. (D) Ex -Officio Representatives - Staff members of the Police Advisory Commission may include the City Administrator, City Engineer, Public Works Director, or other City personnel as requested by the commission. The Wright County Sheriff or department representative(s) may also be requested to participate in commission meetings as necessary. Ex -officio representatives shall not be eligible to vote on commission activities. (#493, 2/9/09) TITLE II/Chpt 7/Page 1 2-7-3: TERMS: Appointment to the Commission shall be made at the first regular January meeting of the City Council or more often if required. General members shall be appointed for three-year terms beginning January 1 and ending December 31 of the third year following (and until a successor is appointed and qualified), except that of the general members initially appointed by the Council, one shall serve for a term of one year, one for a term of two years, and two for terms of three years. General members appointed after the initial Commission shall be appointed for a three-year term. 2-7-4: VACANCIES: In the case of a vacancy during the term of office of any general member of the Commission, the Council shall appoint a new member to serve the remainder of the term. A vacancy shall exist if any one of the following occurs: disability, residence outside of the city, resignation, or removal by a majority vote of the Council. (#493, 2/9/09) 2-7-5: LEGAL ADVISOR: The City Attorney shall serve as legal advisor to the Commission. 2-7-6: RULES: The Commission may adopt rules and regulations for its own proceedings and shall meet at regular intervals, the time and place to be established by rule adopted from time to time. All meetings of the Commission shall be open to the public except for those of disciplinary matters. 2-7-7: OFFICERS: The Commission shall elect from among its members a chairman, vice chairman, and a secretary. (A) Duties of Chair - The chair shall preside at all meetings of the Police Commission and shall have the duties normally conferred and parliamentary usage of such officers. (B) Duties of Vice Chair - The vice chair shall act for the chair in his absence. (C) Duties of Secretary - A secretary may be appointed who is not a member of the Police Commission but can be employed as a member of City staff. The secretary shall keep the minutes and records of the commission; and with the assistance of staff as is available shall prepare the agenda of the regular and special meetings for commission members, arrange proper and legal notice of hearings when necessary, attend to correspondence of the commission, and other duties as are normally carried out by a secretary. 2-7-8: DUTIES AND FUNCTIONS: The duties and functions of the Commission shall be as follows: (A) to assist the Council in planning and research in the area of police matters, including budget, hours of coverage, intergovernmental cooperation, and public information programs; MONTICELLO CITY ORDINANCE TITLE II/Chpt 7/Page 2 (B) to develop a citizen complaint procedure on matters of public safety and general police work; (C) promote public interest in and an understanding of the police department and police work; (D) to cooperate with all community groups and civic organizations within the city and furnish them such aid and advice in matters of public safety as deemed appropriate within the means provided by appropriations made by the Council; (E) to confer with and advise the Council on all matters concerning public safety within the city; (F) to take under advisement, study, hold hearings, and make their written recommendations to the Council on all matters of public safety referred to them or initiated by majority vote of the Commission; (G) to serve as a forum for the citizens of Monticello to voice their opinions regarding community safety activities and functions; (H) to encourage coordination with other communities and agencies to the extent appropriate in matters pertinent to the community safety function. 2-7-9: MEETINGS: The Police Advisory Commission shall hold quarterly meetings. Special meetings may be scheduled by the chairman as needed. All meetings shall be open to the general public. 2-7-10: COMPENSATION: Members of the Commission shall serve without compensation. 2-7-11: AMENDMENTS: This ordinance may be amended as recommended by the majority vote of the existing membership of the Police Commission and only after a majority vote of the City Council. (#218, 1/13/92) MONTICELLO CITY ORDINANCE TITLE II/Chpt 7/Page 3 Police Commission Agenda: 10/21/09 8. Evaluation of Wright Countv Sheriffs Department law enforcement services. (BW/WCSD) A. REFERENCE AND BACKGROUND: The Wright County Sheriff's Department is charged with providing all law enforcement services to the residents of the City of Monticello. The City Administrator has therefore requested that the Police Commission formally evaluate the services provided to date by the Sheriff's Department and report on which services are being provided in a satisfactory manner, and/or which services can be improved upon. Specific services are not identified in this agenda item in an effort to ensure that an open discussion occurs. In addition, Sheriff's Department representatives are encouraged to provide feedback to the Police Advisory Commission on whether there are issues causing them to have a hard time in providing any of the required services, or if there is anything the City can do to help increase the level of service provided in specific law enforcement areas. B. SUPPORTING DATA: None. Police Commission Agenda: 10/21/09 9. Update on approved contract for 2010 - 2011 Wright Countv Sheriffs Department services. (BW) A. REFERENCE AND BACKGROUND: The City Council recently approved a new 2 -year contract with the Wright County Sheriff's Department for law enforcement services for the years 2010 and 2011. In 2009 the City contracted for a total of 18,980 hours (52 hours per day) for law enforcement services at a rate of $56.00/hour totaling $1,062,880, which included 24-hour call and general services. The contract for 2010 and 2011 calls for the same number of hours, which as you may recall was a recommendation of the Police Advisory Commission, but the hourly rates were raised to $57.50/hour in 2010 and to $59.00/hour in 2011, which totals $1,091,350 and $1,119,820 per year respectively. The only other revision to the contract was a change in language in one sentence to ensure that the Sheriff's Deputies have adequate work space in the future. Our current contract states "...the Municipality shall, if requested by the Sheriff, provide a local telephone line and space for a computer workstation... ", but the revised contract was revised to read "...the Municipality shall, if requested by the Sheriff, provide a secure office for the Sheriffs Deputies having adequate space for two desks with chairs, limited public visibility, a local telephone line and an internet connection...", which is consistent with recent discussions with Sheriff's Office representatives regarding their future needs. B. SUPPORTING DATA: None. Police Advisory Commission Agenda: 10/21/09 10. Update on efforts to develop Sheriffs Office space within Monticello Community Center. (BW) A. REFERENCE AND BACKGROUND: Bruce Westby will provide a brief update to the Police Advisory Commission on the efforts of City staff to develop a secure space within the Monticello Community Center for a local Sheriff's Office. B. SUPPORTING DATA: None. Police Advisory Commission Agenda: 10/21/09 11. Update on River Street / TH 25 access modifications. (13W) A. REFERENCE AND BACKGROUND: The City Council recently authorized staff to reactivate the signal system at the intersection of TH 25 and River Street, and to more permanently modify the left -turn lane on southbound TH 25 at River Street so all the orange traffic control barrels can be removed. The City has ordered the required signing for the intersection and once the signs arrive we will work with Mn/DOT to reactivate the signal system after Mn/DOT reprograms the system to prevent left -turns from westbound River Street to northbound TH 25 between 4 and 7 pm. Attached is a layout showing the Council approved modifications. C. SUPPORTING DATA: Layout of Council approved modifications to TH 25 & River Street Approved TH 25/River Street Intersection Modifications O1 East River Street — All access will remain closed using existing concrete barricades. O2 SB TH 25 — The left -turn lane to East River Street will remain closed. Orange barrels will be removed and left turn lane will be converted into a raised median throughout hatched area in figure below. OSienal Svstem — The signal system will be reprogrammed and turned back on. O4 West River Street — All access will remain open but left -turns will not be allowed Monday — Friday from 4 — 7 PM. �5 NB TH 25 — All access will remain open including left -turns onto West River Street. D__