E | Consideration and Adoption of Resolution No. 2019-28 and Ordinance No. 2019-19: A resolution and ordinance amending the Flagstaff City Code, Title 8, Streets and Public Ways and Title 9, Traffic, Chapter 9-05, Bicycles. | ||||||
Multi-Modal Planner Martin Ince provided a PowerPoint presentation that covered the following: CITY CODE REVISIONS REVISIONS MADE FOLLOWING MAY 28 WORK SESSION PAVED AND UNPAVED FUTS TABLE OF DEVICES AND FACILITIES FUTS TRAIL MAP NAME, DOB, ADDRESS OPERATING UNDER THE INFLUENCE The following individuals addressed Council in opposition of the ordinance:
Councilmember Aslan stated that there is a divide in the community on the issue. He does not see a functional difference between regular bikes and e-bikes and does not believe they should be treated differently. As such, whatever applies to one should apply to all. Flagstaff needs to be leading in the use of e-bikes. Councilmember Odegaard stated that Flagstaff is a multi-modal community and e-bikes are a part of that. Class 1 and 2 e-bikes should be allowed on all FUTS trails. He is thankful that he had the opportunity to experience an e-bike and after using one believes they are not the threat that some believe they are. He does believe that there should be some consequences attached to biking under the influence regardless of bicycle type. Five days in jail and a $250 fine is too harsh but there should be some sort of penalty. Councilmember Salas asked if there is a conflict of interest for Vice Mayor Shimoni in that he owns a bike shop that could profit from the decision made on the issue. Mr. Solomon explained that there is no conflict of interest because there are more than ten similar businesses in Flagstaff. This is referred to as the Rule of Ten within the conflict of interest law. Councilmember Salas stated that Flagstaff embraces the multi-modal transportation system; however, most cyclists feel unsafe on the street and in bike lanes and that is a major issue. She appreciates the value of e-bikes, increasing mobility, enhancing wellness, reducing pollution, and recognizes the financial benefit of e-bikes. Her position about the safety of e-bikes is based on her own experience with not so responsible cyclists. There is no data to suggest that e-bikes are more dangerous and many of her safety concerns have been addressed through the comments made. The focus should be on encouraging self-discipline, education, and bike manners regardless of bike type. Given that, she is willing to consider permitting Class 1 and 2 e-bikes on the FUTS but some FUTS should be designated solely for non-motorized use. Councilmember McCarthy stated that Class 1 and 2 e-bikes should be allowed on the FUTS but he is still concerned that pedestrians will be discouraged to use the trails as a result. He is interested in establishing speed limits and designating certain trails as non-motorized such as Buffalo Park and Mars Hill. He also believes that there should be some penalty for biking under the influence however five days in jail is excessive. Councilmember Whelan stated that providing a truthful name and date of birth is important as is some sort of penalty for biking under the influence but no jail time or large monetary penalties. She requested that the Pedestrian Advisory Committee and the Bicycle Advisory Committee evaluate and identify routes that are solely recreational like Buffalo Park. There needs to be areas for pedestrians to be alone without bike interference. She agreed that Class 1 and 2 e-bikes be allowed on FUTS with the caveat that there be some further discussion about trails that could be used for just pedestrians. Vice Mayor Shimoni stated that he prefers all classes of e-bikes be permitted but he is willing to compromise with Class 1 and 2 only. He believes that much of the concerns can be addressed with education about proper and respectful bike operation. He added that he is open to conversations about some areas that would not allow bikes. Ultimately there needs to be an increased effort to widen the FUTS to accommodate many different types of transportation and improving streets to make them more accessible and safer to cyclists. Any bike share program that comes in needs to be held accountable for their bike placement and docking stations should be highly encouraged. He is not interested in placing any further regulations on bicycles including biking under the influence. A majority of Council agreed to allow Class 1 and 2 e-bikes on all FUTS trails regardless of surface type, allow Class 1 and 2 e-bikes on sidewalks outside of the downtown area, and no regulation on biking under the e-bikes. |
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Moved by Councilmember Austin Aslan, seconded by Councilmember Charlie Odegaard to read Resolution No. 2019-28 as amended to allow Class 1 and Class 2 e-bikes on FUTS trails, not allow Class 3 e-bikes on sidewalks and FUTS trails, and amend to remove any operating under the influence provisions. | |||||||
Vote: 6 - 0 - Unanimously | |||||||
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF FLAGSTAFF, ARIZONA, DECLARING CERTAIN DOCUMENTS KNOWN AS “THE 2019 AMENDMENTS TO TITLE 8, STREETS AND PUBLIC WAYS AND TITLE 9, TRAFFIC, CHAPTER 9-05, BICYCLES OF THE FLAGSTAFF CITY CODE” AS PUBLIC RECORDS | |||||||
Moved by Councilmember Charlie Odegaard, seconded by Councilmember Austin Aslan to read Ordinance No. 2019-19 by title only for the first time. | |||||||
Vote: 6 - 0 - Unanimously | |||||||