AGENDA OF THE CITY COUNCIL WORK SESSION CITY OF EAST GRAND FORKS TUESDAY, APRIL 9, 2019 – 5:00 PM

CALL TO ORDER:

CALL OF ROLL:

DETERMINATION OF A QUORUM:

1. Consider Change Order No. 4 – Wastewater Interconnect Project – Steve Emery

2. Update on Regional Market Capture Committee – Paul Gorte

3. Consider Proposed Special Use Vehicle Ordinance – Ron Galstad

ADJOURN:

Upcoming Meetings Regular Council Meeting – Tuesday, April 16, 2019 – 5:00 PM – Council Chambers Work Session – Tuesday, April 23, 2019 – 5:00 PM – Training Room Regular Council Meeting – Tuesday, May 7, 2019 – 5:00 PM – Council Chambers Work Session – Tuesday, May 14, 2019 – 5:00 PM – Training Room

Individuals with disabilities, language barriers or other needs who plan to attend the meeting and will need special accommodations should contact Nancy Ellis, ADA Coordinator at (218)-773-2208. Please contact us at least 48 hours before the meeting to give our staff adequate time to make arrangements. Also, materials can be provided in alternative formats for people with disabilities or with limited English proficiency (LEP) by contacting the ADA Coordinator (218)-773-2208 five (5) days prior to the meeting.

1 AGENDA ITEM #______1 Request for Council Action

Date: April 4, 2019

To: East Grand Forks City Council Mayor Steve Gander, Council President Mark Olstad, Council Vice-President Chad Grassel, Council Members Clarence Vetter, Dale Helms, Tim Riopelle, Tim Johnson, and Marc Demers

Cc: File

From: David Murphy

RE: Change Order No. 4 – Wastewater Interconnect Project

Background:

Change Order No. 4 as part of the Wastewater Interconnect Project is the final Change Order for this project. A description of each of the seven (7) change order items is included on the Change Order Form (EJCDC C-941) along with an itemized cost breakdown for each of the items attached.

Project Cost Summary:

Original Contract Price: $5,469,157.05 Project Contingencies (5%): $273,457.85

Change Orders No. 1 – 3 (Proposal No. 1): $186,400.18 Change Order No. 1 – (Proposal No. 2): $10,956.83 Change Order No. 4 – (Proposal No. 1): $63,317.29 Total Change Orders: $260,674.30

Funding

Change Orders will be funded through PFA Loan / Grant

Recommendation: Approve Change Order No. 4

Enclosures: Change Order No. 4 (EJCDC C-941) Itemized Cost breakdown

2 3 4 Change Order No. 4 2015 City Project No. 1 Wastewater Interconnect

20' Self Supporting Tower & Hardware

TOTAL DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT Furnish & Install 20' Self supporting tower & Hardware LS 1 $ 7,558.00 $7,558.00

RIGHT CHOICE ELECTRIC MARKUP (5%) $377.90 ICS COST OF WORK FEE $240.00 SUBTOTAL SUBCONTRACTORS $8,175.90 RJ ZAVORAL MARKUP (5%) $408.80 TOTAL COST (TOWER AND HARDWARE) $8,584.70

Radio, Antennae, Cable, Lightening Arrestors and Connectors

TOTAL DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT Furnish and Install Radio, Antennae & Misc Components LS 1 $ 4,532.00 $4,532.00

RIGHT CHOICE ELECTRIC MARKUP (5%) $226.60 ICS COST OF WORK FEE $240.00 SUBTOTAL SUBCONTRACTORS $4,998.60 RJ ZAVORAL MARKUP (5%) $249.93 TOTAL COST (TOWER AND HARDWARE) $5,248.53

Electrical Receptacle for Wastewater Sampler

TOTAL DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT Add Electrical Receptacle LS 1 $ 289.96 $289.96

RIGHT CHOICE ELECTRIC MARKUP (15%) $43.49 SUBTOTAL SUBCONTRACTORS $333.45 RJ ZAVORAL MARKUP (5%) $14.50 TOTAL COST (ELECTRICAL RECEPTACLE) $347.95

Topsoil Borrow (Golf Coarse)

TOTAL DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT Furnish & Install Topsoil CY 108 $ 18.00 $1,944.00

TOTAL COST (TOPSOIL BORROW) $1,944.00

Exhaust Fan

TOTAL DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT Exhaust Fan LS 1 $ 43,792.11 $43,792.11

TOTAL COST (EXHAUST FAN) $43,792.11

5 Install Rock Check

TOTAL DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT Rock Check LS 1 $ 700.00 $700.00

TOTAL COST (Rock Check) $700.00

Sanitary Sewer Service

TOTAL DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT Sanitary Sewer Service LS 1 $ 2,700.00 $2,700.00

TOTAL COST (Sanitary Sewer Service) $2,700.00

TOTAL CHANGE ORDER NO.4 $63,317.29 PROJECT CONTINGENCIES (5%) $273,457.85 CHANGE ORDER NO. 1 - 3 (Proposal 1) $186,400.18 CHANGE ORDER NO. 1 (Proposal 2) $10,956.83 REMAINING CONTINGENCY BALANCE $12,783.55

6 AGENDA ITEM #______2

Request for Council Action

Date: April 9, 2019

To: East Grand Forks City Council Mayor Steve Gander, Council President Mark Olstad, Council Vice-President Chad Grassel, Council members Clarence Vetter, Dale Helms, Tim Riopelle, Tim Johnson, and Marc DeMers.

Cc: File

From: Economic Development Director

RE: Regional Market Capture Committee

On March 28 Barry Wilfahrt of the Chamber met with Mayor Gander, the City Administrator, and the Economic Development Director regarding retailing in the greater Grand Forks area. To address the issue, the Chamber is coordinating a Regional Market Capture Committee. East Grand Forks has not been immune to closures, as Dollar General and Shopko are leaving the City. In addition, there are other properties potentially developable for new commercial uses. The work will address retail and service uses and opportunities, entertainment uses and opportunities, leakage, and geo-fencing. The City needs to be prepared and have access to information that will allow it to deal with closures, etailing, and local commercial opportunities. The information provided by the work will enhance the City’s ability to deal with current and future retailing. The City participated in a similar study several years ago.

The Chamber is seeking contributions from organizations that will benefit from the results of the study. The entire study will cost about $100,000. Anticipated participants include the Chamber, the City of Grand Forks, the Convention and Visitors Bureau, the Grand Forks Regional EDC, and the EDA. The Chamber asked for an EDA contribution of $10,000 split over 2 years at $5,000 per year. The 2019 request, in conjunction with the funds reserved for social media, will use most of the money in the line item in the approved budget. The Director will control expenditures in other parts of the budget to keep expenditures within the amount authorized by the City Council.

This item is informational for the City Council. The EDA believes that the Council should be apprised of actions taken by the EDA to improve the economic condition of the City. The EDA approved the expenditure at its Special Meeting held on April 2.

- 1 - 7 AGENDA ITEM #______3

Request for Council Action

Date: 4/5/19

To: East Grand Forks City Council Mayor Steve Gander, Council President Mark Olstad, Council Vice-President Chad Grassel, Council members Clarence Vetter, Dale Helms, Tim Riopelle, Tim Johnson, and Marc DeMers.

Cc: File

From: Admin Office

RE: Proposed Update to Special Use Vehicle Ordinance

Attorney Galstad has drafted a special use vehicle ordinance for Council to review. This has come up because of the inquiries staff has received from residents asking to drive their side-by-sides around town.

Staff is asking for direction from the Council on the proposed ordinance, if there is anything that should be changed, added, removed, etc.

We have received comments from a few different people and are as follows and it includes information from Corporal Lampi from Grand Forks:

From: Taylor Sand Date: February 14, 2019 at 10:18:49 AM CST To: "[email protected]" Subject: OHV Ordinance

Hello Mr. Olstad,

I live in Grand Forks but often travel to East Grand Forks for movies, dining, shopping and snowmobile riding before I sold my snowmobile. I have been following the news coverage in regards to East Grand Forks considering the use of UTVs and ATVs on city streets. Grand Forks already allows UTVs on all city streets, but ATVs haven't been allowed. I have reached out to the City of Grand Forks to see if they would allow ATVs on the road like they do with UTVs and am awaiting a reply.

In North Dakota, I know of two cities which already allow both ATVs and UTVs on city streets, which is Williston and Fargo. There are probably others but those are the two that I'm aware of. When I reached out to the City of Fargo in regards to their requirements for ATVs and UTVs, they replied with " it must be registered and insured. The driver is required to have a ND ID and follow the rules of the road. If the atv can’t achieve 35 mph, they aren’t allowed on streets where the speed limit is 35. Single seat ATVs and multi-seat (side by side) UTVs can be driven as long as they have the minimum safety equipment required of on street motorcycles such as headlights, brake lights, horn, at least one mirror, proper display of registration, insurance. Even though they have 4-wheels they are considered motorcycles due to their “open” design."

I believe that if Grand Forks and East Grand Forks allowed both UTVs and ATVs along with sharing the same or similar requirements, it could increase traffic and spending between our two cities.

- 1 - 8 Sincerely, Taylor Sand

Second Email

Hello Megan,

We have not had any issues as of late due to the winter time. The only call we really had was a crash at Demers and Washington Street and that was before the final ordinance was passed allowing UTV use anywhere in the city. That crash happened when it was on a restricted road at the time. Since the new ordinance allowing UTV travel anywhere in the city there hasn’t been any issues. These machines have safety equipment built in and when they have the equipment that we specify in our ordinance I think EGF would be just fine. If both municipalities mirrored each other that would probably be the best solution for both cites to allow the best egress and ingress for both cities.

I’m glad to see EGF is starting to look into UTV use and can’t wait to see where it goes. If you need any further assistance let me know.

Corporal Jon Lampi #649 Specialized Resource Bureau Community Outreach Officer- Sector 4 Grand Forks Police Department 122 S. 5th Street, ND 58201 [email protected] Office: 701-787-8082 Cell: 701-620-0855 Fax: 701-780-8253

Third Email

From Mark Gumto I would like to share a couple points after watching both work sessions regarding UTV/ATV use in the city.

1. Language a guest mentioned about needing specific street tires makes no sense. I can ride a enduro motorcycle with knobby tires and it's perfectly legal. Most UTV's and ATV's have an off road tire installed from the factory. It would make enforcement challenging and would discourage residents from riding there machines.

2. The city permit is a bad idea. Let the DNR sticker and registration be enough of a tax and eleviate the city of the burden of yearly permits.

3. The windshield or eye protection Mayor Gander mentioned is good policy and follows state law.

4. It seems the council is a little cold on the idea of ATV's but I would encourage them to consider these machines as well.

Please share this with the council and thank you as always for your time.

2 9 CITY OF EAST GRAND FORKS

ORDINANCE NO. _____, 4TH SERIES

AN ORDINANCE OF THE CITY OF EAST GRAND FORKS, MINNESOTA REGULATING SPECIAL VEHICLES REPLACING CURRENT CITY CODE CHAPTER SEVENTY-FOUR ENTITLED “ALL TERRAIN VEHICLES” AND CHAPTER SEVENTY-SEVEN (77) ENTITLED “SPECIAL USE VEHICLE” AND ADOPTING BY REFERENCE CITY CODE CHAPTER TEN(10) AND SECTION 10.99 WHICH AMOUNG OTHER THINGS, CONTAIN PENALTY PROVISIONS.

THE CITY COUNCIL OF EAST GRAND FORKS, MINNESOTA ORDAINS:

Section 1. That Chapter Seventy-seven of the City Coe is hereby revised to read as follows

§ 74.01 SPECIAL VEHICLES: MOTORIZED GOLF CARTS, UTILITY TASK VEHICLES, CLASS 1 ALL-TERRAIN VEHICLES, AND MINI-TRUCKS.

(A) (1) No person shall operate a motorized golf cart, utility task vehicle, all-terrain vehicle, or mini-truck on streets, alleys, sidewalks or other public property without obtaining a permit as provided herein.

(2) Every application for a permit shall be made on a form supplied by the city and shall contain all of the following information: (a) The name and address of the applicant. (b) The nature of the applicant’s physical handicap, if any. (c) Model name, make, and year and number of the motorized golf cart, all-terrain vehicle, or mini-truck. (d) Current driver’s license or reason for not having a current license. (e) Other information as the city may require.

Upon investigation of the applicant the Chief of Police or his designee shall enter upon the application his or her recommendation for approval or disapproval. Should it be for disapproval he or she shall also enter on the application the reasons for disapproval. The application shall be returned to the City Administrator who shall present it to the City Council for its consideration at the next regularly scheduled meeting. If approved by the City Council a permit shall be issued by the City Clerk. The Council in its sole discretion and for any reasonable cause may refuse to grant any application.

(3) An annual permit fee shall be established from time to time by either resolution or ordinance of the City Council. The permit fee for a special use vehicle shall be unless adjusted by resolution of the City Council.

(4) Permits shall be granted for a period of one year and may be renewed annually January 1, to December 31.

10 (5) No permit shall be granted or renewed unless the following conditions are met: (a) The applicant must demonstrate that he or she currently holds or has held a valid Minnesota driver’s license to operate a mini-truck. (b) The applicant may be required to submit a certificate signed by a physician that the applicant is able to safely operate a motorized golf cart, utility task vehicle or all-terrain vehicle on the roadways designated. (c) The applicant must provide evidence of insurance in compliance with the provisions of Minnesota Statutes concerning insurance coverage for the golf cart, utility task vehicle, all-terrain vehicle, or mini-truck. (d) The applicant has not had his or her driver’s license revoked as the result of criminal proceedings. (e) If the applicant has provided a certificate as indicated in subsection (b) of this section then the applicant must have successfully passed a driving test to the satisfaction of the East Grand Forks Police Department.

(6) Motorized golf carts, utility task vehicles, all-terrain vehicles, and mini-trucks are permitted to operate only on city streets, not state or federal highways, except to cross at designated intersections. Further said vehicles are totally prohibited from operation on Central Avenue, Demers Avenue, Gateway Drive (Sate Highway 2), Business Highway 2, Highway 220, and are totally prohibited from entering or crossing the intersection of Highway 2 and 220 north in the City of East Grand Forks for public safety reasons.

(7) Motorized golf carts, utility task vehicles and all-terrain vehicles may only be operated on designated roadways from sunrise to sunset. They shall not be operated in inclement weather conditions or at any time when there is insufficient light to clearly see persons and vehicles on the roadway at a distance of 500 feet. Additionally, they may only be allowed to be operated between May 1 and October 31st each year, however an ATV or UTV may be used to for business related operation (ie. lawn maintenance, snow removal outside of this timeframe).

(8) Motorized golf carts shall display the slow-moving vehicle emblem provided for in Minn. Stat. § 169.045, as it may be amended from time to time, when operated on designated roadways.

(9) Motorized golf carts, utility task vehicles, all-terrain vehicles, and mini-trucks shall be equipped with a rear-view mirror to provide the driver with adequate vision from behind as required by Minn. Stat. § 169.70.

(10) The operator of a motorized golf cart, utility task vehicle, all-terrain vehicle, or mini-truck may cross any street or highway intersecting a designated roadway, except all vehicles are totally prohibited from operation on Central Avenue, Demers Avenue, Gateway Drive (Sate Highway 2), Business Highway 2, Highway 220, and are totally prohibited from entering or crossing the intersection of Highway 2 and 220 north in the City of East Grand Forks for public safety reasons.

11 (11) Every person operating a motorized golf cart, a utility task vehicle, an all-terrain vehicle, or a mini-truck under permit on designated roadways has all the rights and duties applicable to the driver of any other vehicle under the provisions of Minn. Stat. Ch. 169, as it may be amended from time to time, except when these provisions cannot reasonably be applied to motorized golf carts or mini-trucks and except as otherwise specifically provided in Minn. Stat. § 169.045, subd.7, as it may be amended from time to time.

(12) The City Council may suspend or revoke a permit granted hereunder upon a finding that the holder thereof has violated any of the provisions of this section or Minn. Stat. Ch. 169, as it may be amended from time to time, or if there is evidence that the permit holder cannot safely operate the motorized golf cart, utility task vehicle, all-terrain vehicle, or mini-truck on the designated roadways.

(13) The number of occupants on the golf cart, utility task vehicle, all-terrain vehicle, or mini-truck may not exceed the design occupant load.

(14) A person under the age of 18 years of age is required to have a valid driver’s license to operate a motorized golf cart, utility task vehicle, all-terrain vehicle, or mini-truck on the designated roadways.

(15) A person less than 18 years of age shall not ride as a passenger or as an operator of a motorized golf cart, utility task vehicle, or all-terrain vehicle on a public road or road right- of-way unless wearing a safety helmet approved by the commissioner of public safety. A person less than 18 years of age shall not ride as a passenger or as an operator of a motorized golf cart, utility task vehicle, or all-terrain vehicle without wearing a seat belt when provided by the manufacturer. (16) A person operating a motorized golf cart, utility task vehicle, or all-terrain vehicle on a roadway shall ride as close as practicable to the right-hand curb or edge of the roadway, except in the following situations: (1) When overtaking and passing another vehicle proceeding in the same direction. (2) When preparing for a left turn. (3) When reasonably necessary to avoid impediments or conditions that make it unsafe to continue along the right-hand curb or edge, including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or narrow lanes.

(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALL TERRAIN VEHICLE. "All-terrain vehicle" means a motorized vehicle with: (1) not less than three, but not more than six low pressure or non-pneumatic tires; (2) a total dry weight of 2,000 pounds or less; and (3) a total width from outside of tire rim to outside of tire rim that is 65 inches or less. All-terrain vehicle includes a class 1 all-terrain vehicle and class 2 all-terrain vehicle. All-terrain vehicle does not include a golf cart, mini-truck, dune buggy, or go-cart or a vehicle designed and used specifically for lawn maintenance, agriculture, logging, or mining purposes.

12 DRIVER. The person driving and having physical control over the motorized golf cart, utility task vehicle, all-terrain vehicle, or mini-truck and being the licensee.

MOTORIZED GOLF CART. Any passenger conveyance being driven with four wheels with four low-pressure tires that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 800 pounds.

UTILITY TASK VEHICLE. As defined by Minn. Stat. § 169.045, subd. 1 (3), a side-by- side, four-wheel drive, off-road vehicle that has four wheels, is propelled by an internal combustion engine with a piston displacement capacity of 1,200 cubic centimeters or less, and has a total dry weight of 1,800 but less than 2,600 pounds.

MINI-TRUCK. As defined in Minn. Stat. § 169.011, subd. 40(a), a motor vehicle that has four wheels; is propelled by an electric motor with a rated power of 7,500 watts or less or an internal combustion engine with a piston displacement capacity of 660 cubic centimeters or less; has a total dry weight of 900 to 2,200 pounds; contains an enclosed cabin and a seat for the vehicle operator; commonly resembles a pickup truck or van, including a cargo area or bed located at the rear of the vehicle; and was not originally manufactured to meet federal motor vehicle safety standards required of motor vehicles in the Code of Federal Regulations, title 49, sections 571.101 to 571.404, and successor requirements. A mini-truck does not include: a neighborhood electric vehicle or a medium-speed electric vehicle as defined by § 73.11; or a motor vehicle that meets or exceeds the regulations in the Code of Federal Regulations, title 49, section 571.500, as it may be amended from time to time.

(C) Authorized city staff and water and light staff may operate city owned motorized golf carts, mini-trucks, ATV’s, UTV’s, lawn maintenance equipment, snow removal equipment or any other city equipment without obtaining a permit within the city on city streets, sidewalks, trails, rights-of-way, and public property when conducting city business.

(D) Mini-truck equipment requirements:

(1) A mini-truck may be operated under permit on designated roadways if it is equipped with all of the following: (a) At least two headlamps. (b) At least two tail lamps. (c) Front and rear turn-signal lamps. (d) An exterior mirror mounted on the driver’s side of the vehicle and either an exterior mirror mounted on the passenger’s side of the vehicle or an interior mirror. (e) A windshield. (f) A seat belt for the driver and front passenger. (g) A parking brake.

13 § 74.02. OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.

(A) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE means a self-balancing device with two non-tandem wheels, designed to transport not more than one person, and operated by an electric propulsion system that limits the maximum speed of the device to 15 miles per hour.

(B) Except as otherwise provided by law, a person operating an electric personal assistive mobility device has the rights and responsibilities of a pedestrian.

(C) Operation.

(1) An electric personal assistive mobility device may be operated on a bicycle path. (2) No person may operate an electric personal assistive mobility device on a roadway, sidewalk, or bicycle path at a rate of speed that is not reasonable and prudent under the conditions. Every person operating an electric personal assistive mobility device on a roadway, sidewalk, or bicycle path is responsible for becoming and remaining aware of the actual and potential hazards then existing on the roadway or sidewalk and must use due care in operating the device.

(3) An electric personal assistive mobility device may be operated on a roadway only under the following circumstances: (a) While making a direct crossing of a roadway in a marked or unmarked crosswalk. (b) Where no sidewalk is available. (c) Where a sidewalk is so obstructed as to prevent safe use. (d) When so directed by a traffic control device or by a peace officer. (e) Temporarily in order to gain access to a motor vehicle. (f) As provided in division (7) below by Council resolution.

(4) An electric personal assistive mobility device may not be operated at any time on a roadway with a speed limit of more than 35 miles per hour except to make a direct crossing of the roadway in a marked crosswalk.

(5) An electric personal assistive mobility device may not be operated at any time while carrying more than one person.

(6) Designated exclusive city streets. The City Council may, by resolution, designate exclusive city streets within its jurisdiction where the operation of electric personal assistive mobility devices is not permitted, provided that any street so designated has a speed limit of more than 35 miles per hour.

14 (7) A person operating an electric personal assistive mobility device on a sidewalk must yield the right-of-way to pedestrians at all times. A person operating an electric personal assistive mobility device on a bicycle path must yield the right-of-way to bicycles at all times.

(8) An electric personal assistive mobility device may not be operated unless the device bears reflectorized material on the front, back, and wheels, visible at night from 600 feet when illuminated by the lower beams of headlamps of a motor vehicle.

§ 74.03. MOTORIZED FOOT SCOOTERS

(A) MOTORIZED FOOT SCOOTER means a device with handlebars designed to be stood or sat upon by the operator, and powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion, and that has no more than two 12-inch or smaller diameter wheels and has an engine or motor that is capable of a maximum speed of 15 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged. An electric personal assistive mobility device, a motorized bicycle, an electric-assisted bicycle, or a motorcycle is not a motorized foot scooter.

(B) Operation of a motorized foot scooter on city bicycle paths, bicycle lanes, bicycle trails, or bikeways is prohibited except as provided in division (C) below.

(C) The City Council may, by resolution, designate specific bicycle paths, bicycle lanes, bicycle trails, or bikeways as available for use by motorized foot scooters.

(D) Every person operating a motorized foot scooter shall have all rights and duties applicable to the operator of a bicycle, except in respect to those provisions relating expressly to motorized foot scooters and in respect to those provisions of law that by their nature cannot reasonably be applied to motorized foot scooters.

(E) No person may operate a motorized foot scooter upon a sidewalk, except when necessary to enter or leave adjacent property. No person may operate a motorized foot scooter that is carrying any person other than the operator.

(F) No person under the age of 12 years may operate a motorized foot scooter.

(G) No person under the age of 18 years may operate a motorized foot scooter without wearing properly fitted and fastened protective headgear that complies with standards established by the commissioner of Public Safety.

(H) A motorized foot scooter must be equipped with a headlight and a taillight that comply with standards established by the commissioner of Public Safety if the vehicle is operated under conditions when vehicle lights are required by law.

(I) A person operating a motorized foot scooter on a roadway shall ride as close as practicable to the right-hand curb or edge of the roadway, except in the following situations: (1) When overtaking and passing another vehicle proceeding in the same direction.

15 (2) When preparing for a left turn, in which case the operator shall stop and dismount at the right-hand curb or right edge of the roadway and shall complete the turn by crossing the roadway on foot, subject to restrictions placed by law on pedestrians. (3) When reasonably necessary to avoid impediments or conditions that make it unsafe to continue along the right-hand curb or edge, including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or narrow lanes.

§ 74.04 ADDITIONAL AUTHORITY REQUIRED

Permits are granted under this section pursuant to the authority conferred upon the City by M.S. 169.045, as amended from time to time, and as such should in any way be construed as usurping the power and authority of the State Highway Commission to deny such use upon the trunk highways of the state, and that it is not the intent of this section to absolve permittees of their responsibility to seek and obtain permission for the operation from the State Highway Commissioner, should the permission be required.

Section 2. City Code Title I, Chapter 10 entitled "General Provisions” applicable to entire city code including penalty for violation and Section 10.99 entitled "General Penalty" are hereby adopted in their entirety, by reference, as though repeated verbatim herein.

Section 3. This ordinance shall take effect and be in force from and after its passage and publication and be given the Number , 4th Series.

VOTING AYE: VOTING NAY: ABSENT:

The President declared the Ordinance passed. Attest:

______City Administrator President of Council

I hereby approve the foregoing ordinance this day of , 2019.

______Mayor

Passed by the City Council of ______, Minnesota this _____ day of Month, Year.

______Mayor Attested: ______City Clerk

16