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09.25.13 OSBT Packet CITY OF BOULDER OPEN SPACE BOARD OF TRUSTEESAGENDA ITEM MEETING DATE: September 25, 2013 AGENDA TITLE Consideration and recommendation to the city manager and City : Council on the prospect for holding a stage of the USA Pro-Cycle Challenge that couldimpact Open Space and Mountain Parksmanaged property. PRESENTER/S Michael D. Patton, Director, Open Space and Mountain Parks EXECUTIVE SUMMARY The City of Boulder is being considered for a stage of the USA Pro-Cycle Challenge (USA PCC) bicycle race to be held during August of 2014. The proposed stage would be similar to that held in 2012 and would end with travel up Flagstaff Road, turn into Realization Point with the finish line in the parking area NW of Sunrise Amphitheater. It is anticipated that staging in and around the finish line would be similar to that of 2012 with VIP seating and food tents located around the area. Estimates for 2012spectators along Flagstaff Road from Gregory Canyon to the finish line vary widely from 30,000to 40,000reported by race organizers to fewer than 15,000. Staff established monitoring protocols to measuredenvironmental impacts attributable to the2012race andconcluded there were no long-term impacts. STAFF RECOMMENDATION Staff requests the Open Space Board of Trusteesconsider providinga recommendation to the City Council and city manager on the prospect for authorizing astage of the USA Pro-Cycle Challenge Race similar to that held for 2012. AGENDA ITEM 5 PAGE 1 COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS Economic –It is anticipated that the overall economic impacts of the race on the community will be positive. Exact revenues will depend on how many spectators actually come to Boulder. The 2012 race had a small but positive economic impact in terms of increased revenueand was considered very positive in promoting return visits to Boulder. Environmental –If the precautions are similar to those developed for 2012 and spectators cooperate, the overall environmental impacts on the city’s Open Space along the route are expected to be minor. For the majority of the route along Open Space, spectators and race support will be on asphalt and hardened surfaces. During late Augustnear summer’s end, vegetation senescence (dormancy) occurs and should allow for rapid recovery next spring if spectators remain on hardened surfaces.Trash and recycling containers will be placed at locations where spectators are expected to gather. Evidence from last year’s race suggests that littering was minimal. Social -Because Open Space and Mountain Parks(OSMP) lands, facilities and programs are equally accessible to all members of the community, it helps support the city'scommunity sustainability goal because all residents "who live in Boulder can feel a part of and thrive in" this aspect of their community. Viewing the Pro- Cycle Challenge Race will be accessible to all who wish to participate. OTHER IMPACTS Fiscal –OSMPreceived$12,000 in additional sales taxrevenue and was reimbursed $102,000 by the General Fund to offset cost associated with the race. If spectator numbers are similar tothose of 2012,it is possible that costs for OSMP could be reduced based on experiences gained from last year. Staff time –The race is not associated with the OSMP work plan.OSMP will track all staff time associated with the race. PUBLIC COMMENT AND PROCESS This item is being heard at this public meeting, advertised in the Daily Cameraon Sept. 22, 2013. ANALYSIS The City of Boulder was selected to hold a stage of the 2012 USA Pro-Cycle Challenge Race. The finish for the stage was set at the Flagstaff Summitwhich has been managed by OSMP. OSMP regulations prohibitcompetitive events. The city attorney was asked to consider the question and while the decision was much more complex and extensive, essentially it was determined that the Summit Road was not Open Space and that a competitive event could be held. Given the compressed time frame for the race,the Open Space Board of Trustees (OSBT) was not able to consider the race in the same fashion it would other significant events effecting OSMP-managedlands. AGENDA ITEM 5 PAGE 2 The race was held on Aug.25, 2012 and was considered the most successful to date based primarilyon the Boulder stage that featured an arduous climb up Flagstaff Road and finish at the Flagstaff Summit. Race organizers estimated that as many as30,000to 40,000 spectators lined Flagstaff Road as the racers passed bywhile other “counts” reported significantly fewer. Open Space and Mountain Parkshad never been associated with such an event and began planning for the race in January of 2012. Staff made two presentations to City Council based on OSBT recommendations for providing spectator safety and enjoyment as well as resource protection. On the day of the race more than 130 OSMP staff and volunteers provided services to spectators and protected OSMP land. Bottled water was secured and made available to spectators as they began the climb up Flagstaff Road at Gregory Canyon. Fencing was installed to divert spectators from especially dangerous or environmentally sensitive areas. Nearly 100portable restrooms were made available and over 86waste and recycle containers were located along Flagstaff Road. The Open Space and Mountain Parks Department received reimbursement of $102,000 from the General Fund as well as $12,000 in additional sales tax revenue to offset expenses associate with the race. Staff learned a great deal about what is required to manage the Flagstaff finish of the race and believes that the planning and management costs could be reduced for 2014 presuming a similar-sized crowd. Staff reviewed environmental impacts on OSMPlands along Flagstaff Road and on trails used by spectators. Only minimal vegetation trampling was noted and impacts were considered minimal since much of the vegetationwas beginning senescence. Staff recommended that no restoration activities were required as a result of the race. Wildlife disturbances were more difficult to quantify, however, amother bear and two cubs were seen fleeing the meadow SW of Panorama Point as a large group of spectators filled the area.A link to the Resource Condition Assessment Summary Report from the 2012 race is included below. Submitted by: __________________________ Michael D. Patton, Director ATTACHMENTS: Link to Pro-Cycle Monitoring Summary https://www-static.bouldercolorado.gov/docs/2012-pro-cycle-monitoring-summary-1-201304101150.pdf AGENDA ITEM 5 PAGE 3 CITY OF BOULDER OPEN SPACE BOARD OF TRUSTEESAGENDA ITEM MEETING DATE:September 25, 2013 AGENDA TITLE Consideration of a recommendation to City Council for an Open Space and Mountain Parks supplemental appropriation to provide for repair and reconstruction of land damaged by the recent storm. PRESENTER/S Michael D. Patton, Director, Open Space and Mountain Parks Michael Orosel, Financial Services Manager EXECUTIVE SUMMARY During the week of Sept. 8, 2013, the City of Boulder experienced an historic rainfall that in the latter half of the week caused flooding and substantial damage to both the Open Space and Mountain Parks (OSMP) system and city infrastructure. At the time of the writing of this memorandum, department staff was completing an onsite assessment and analysis of the damage. Preliminary reports from staff performing the onsite assessment are that the damage to the system is both extensive and severe. Costs associated with the damage have not been determined; however, the City Council will be requested to approve a 2013 supplemental appropriation to provide funds for repairs to the system. STAFF RECOMMENDATION Staff requests the Open Space Board of Trustees recommend that the City Council approve a supplemental appropriation of between $500,000 to $1,000,000 to the Open Space and Mountain Parks 2013 budget for necessary repairs and reconstruction of resource damage caused by the September storm and floods. COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS Environmental: Open Space and Mountain Parks is a significant community- based program that preserves open space land contributing to the environmental sustainability goal of the City Council. AGENDA ITEM 6 PAGE 1 Economic: The Open Space and Mountain Parks program contributes to council’s economic sustainability goal because it provides the physical context for the diverse and vibrant economic system that supports services for residents. The land system and the quality of life it represents attract visitors and help businesses to recruit and retain quality employees. Social: The Open Space land system is accessible to all members of the community and therefore helps support council’s community sustainability goal because all residents “who live in Boulder can feel a part of and thrive in” this aspect of their community. OTHER IMPACTS Fiscal: Funds for the supplemental appropriation would come from Open Space Fund balance. Staff Time: Staff time to prepare the supplemental budget is budgeted as part of the department’s work plan. Staff time to monitor and perform the work related to the storm damage will be diverted from other projects within the department’s work plan. PUBLIC COMMENT AND PROCESS This item is being heard at this public meeting, advertised in the Daily Camera on Sept. 22, 2013. ANALYSIS During the week of Sept. 9, 2013, the City of Boulder experienced a rainstorm and subsequent flooding that has been described variously as anywhere from a 100- to 1,000- year storm and flood. Extensive damage occurred on the OSMP land and to city infrastructure. The severity of the damage to system resources was such that the system was closed to the public by city manager executive order. Certain staff reported to work during the flooding and prior to Sept. 16, 2013 to develop a plan to perform a field assessment of the system. On Sept. 16, 2013 the assessment teams met at the Cherryvale campus for a brief training prior to going into the field. The field assessment took two to three days for teams to complete depending on the accessibility of areas. The data collected was submitted to the Resource Information Systems group for mapping. Subsequent to the field data collection and mapping, project priorities and costing will be determined. At this time, there is no estimate of the cost of work that will be contracted for and commenced in 2013. At the present time, there are balances of approximately $650,000 in the visitor infrastructure CIP and $150,000 in Lottery CIP. These funds are available for storm damage repair. Council can only appropriate funds on an annual basis, i.e., the 2013 supplemental appropriation would provide funds for only 2013. However, any CIP funds that are appropriated for 2013 and remain unencumbered and unexpended may be carried over to and made available for the next year. In addition, the 2014 recommended budget for AGENDA ITEM 6 PAGE 2 OSMP has $1,210,000 allocated for visitor infrastructure CIP projects; these funds may be utilized for flood damage repair projects. Funds for flood damage repair for 2015 and beyond will be included when developing the CIP for those years. Because the estimated 2013 flood-related costs are unknown at this time, the department is proposing that its supplemental appropriation for 2013 flood damage repair be in the range of $500,000 to $1,000,000. At the time the actual request is made, a specific dollar amount will be identified. Submitted by: __________________________ Michael D. Patton, Director, Open Space and Mountain Parks __________________________ Michael Orosel, Financial Services Manager ATTACHMENT: A. 2013-2019 Open Space Fund Financial AGENDA ITEM 6 PAGE 3 This page is intentionally left blank. AGENDA ITEM 6 PAGE 4 CITY OF BOULDER OPEN SPACE BOARD OF TRUSTEESAGENDA ITEM MEETING DATE:September 25, 2013 . AGENDA TITLE: Consideration of City of Boulder Transportation Department’s proposal to recommend to the City Council a pilot project allowing electric-assisted bicycles on certain hard-surfaced, multi-use paths. PRESENTER/S Michael D. Patton, Director, Open Space and Mountain Parks EXECUTIVE SUMMARY This memo includes Transportation Department’s draft memorandum (Attachment A) for the Oct. 1, 2013, City Council agenda item regarding a pilot project allowing electric- assisted bicycles on designated hard-surfaced, multi-use paths. The pilot project proposes to evaluate behavior of e-bike riders to determine whether these vehicles can co-exist with current uses on these city-owned and city–maintained multi-use paths. The project focuses on the urban service area where there is a network of hard-surface, off-street multi-use paths. The pilot project will not include use on trails that are pedestrian only or intended to preserve the natural environment or are soft surface. There is an interest to include segments of Open Space and Mountain Parks (OSMP) paved-surface trails in the pilot program, specifically those in core portions of the city where these paths are connected to the city’s Greenways system. There are hard-surfaced trails which are “owned” by OSMP butmaintained by the Transportation Department. This situation occurred when, over the years, Transportation proposed that it harden the trails to provide a better bicycling surface. Bicycling was considered an Open Space purpose, so agreement was made to harden the surface and to have Transportation maintain the trails. These trails or paths are typically on the periphery of OSMP land and connect with other Transportation-managed trails. One example would be the OSMP trail segment along Broadway in front of NOA/NIST. This is actually a section of the multi- use path that runs from Dartmouth Avenue to Baseline Road and was conveyed to OSMP at the time NOA/NIST “protected area” was acquired by the city. Other examples are th segments of the Boulder Creek Path beginning at 47 Street and continuing out to KOA Lake. OSMP hard-surface trails total approximately six miles in various segments. AGENDA ITEM 7 PAGE 1 At present, the OSMP Department Visitor Master Plan (VMP) and Long Range Management Policies (LRMP) include the prohibition of any motorized vehicle or conveyance on OSMP property. City ordinances enable enforcement of these regulations. In addition, the City Charter provides only for passive recreation; any motorized conveyance has been considered not to be passive recreation. The Transportation Department would like to include the Open Space Board of Trustees’ (OSBT) comment and recommendation based on its Sept. 25, 2013 public hearing on whether OSMP hard-surface, multi-use paths are appropriate to include in the e-bikes demonstration project. This information and the recommendation from the Transportation Advisory Board (TAB) will inform the final recommendation to City Council on Oct. 1, 2013. STAFF RECOMMENDATION Staff requests consideration of the prospect for use of e-bikes on OSMP. COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS Economic – Greater commuter options into and around the City of Boulder have the potential for increasing visitation and may result in city retail and business benefits. The OSMP program contributes to council’s economic sustainability goal because it provides the physical context for the diverse and vibrant economic system that supports services for residents. The land system and the quality of life it represents attract visitors and help businesses to recruit and retain quality employees. Environmental - Open Space and Mountain Parks is a significant community- based program that preserves open space land contributing to the environmental sustainability goal of the City Council. Social – Including electric-assisted biking opportunities along selected hard- surfaceOpen Space trails can have positive and negative social impacts. E-bikes may allow members of the public with limited abilities admittance to areas that may otherwise be difficult or impossible to access. Introducing motorized vehicles in new areas could impact the safety of the pedestrians and cyclists currently utilizing the trails. Difficulty patrolling the e-bike areas and controlling e-bike access to connecting areas that are not open to their use are major concerns. The Open Space land system is accessible to all members of the community and therefore helps support council’s community sustainability goal because all residents “who live in Boulder can feel a part of and thrive in” this aspect of their community. OTHER IMPACTS Fiscal – Depending on Board recommendation, there should be no additional fiscal impacts to OSMP. AGENDA ITEM 7 PAGE 2 Staff time – Depending on Board recommendation there should be no additional staff time expended than what is in its normal work plan. PUBLIC COMMENT AND PROCESS This item is being heard as part of this public meeting advertised in the Daily Camera on Sept. 22, 2013. ANALYSIS At present, all of the OSMP system prohibits the use of any motorized vehicle or conveyance. The fundamental reason for this prohibition is that motorized conveyances have been determined not to be passive recreation and therefore prohibited by the Boulder City Charter. The LRMP and VMP, approved in 1995 and 2005 by the OSBT and City Council, affirmed the prohibition of motorized vehicles on OSMP lands. Motorized vehicles were found to be inconsistent with and contrary to the purposes of OSMP. Staff is in strong support of the current definition and prohibition. Staff finds no grounds for authorizing motorized bicycles on OSMP. Should the OSBT want to consider the use of electric bicycles on OSMP, the viable alternative is to consider the disposal/transfer of some portions of current OSMP hard-surfaced trails. For th example, the Boulder Creek Path from 47 Street to KOA Lake functions as both a passive recreation opportunity and an east-west transportation corridor. The path is on the very edge of OSMP land, is hard surfaced and currently maintained by the Transportation Department. The total length of this segment of the Creek Path is less than a mile. Several other segments of the hard-surfaced Greenways Trail system occur on OSMP, including a 0.75 mile section along Fourmile Creek, a 0.4 mile section adjacent to Hayden Lake and a 0.14 mile section along Farmers’ Ditch near the North Boulder Recreation Center. However, several segments of hard-surface trail on OSMP are not suitable or appropriate to dispose/transfer, e.g. the Bobolink Trail, because they are interior on OSMP and/or have important natural values that have particular management requirements. A detailed survey and analysis will need to be completed prior to any final decision to dispose/transfer OSMP interests in identified hard-surface trails. An updated map will be provided at the Sept. 25, 2013 OSBT meeting. Submitted by: __________________________ Michael D. Patton, Director ATTACHMENT: A.Transportation’s draft memo to City Council Oct. 1, 2013 AGENDA ITEM 7 PAGE 3 This page is intentionally left blank. AGENDA ITEM 7 PAGE 4 ATTACHMENT A CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: OCTOBER 1, 2013 AGENDA TITLE: Introduction, first reading and consideration of a motion to order Introduction, first reading and consideration of a motion to order Introduction, first reading and consideration of a motion to order published by title only an ordinance creating a pilot project allowing electric assisted creating a pilot project allowing electric assisted creating a pilot project allowing electric assisted bicycles on certain hard surfaced multi-use paths by amending Definitions in Sections 1- bicycles on certain hard surfaced multi-use paths by amending Definitions in Sections 1-bicycles on certain hard surfaced multi-use paths by amending Definitions in Sections 1- 2-1- and 7-1-1 and amending Sections 7-4-16, 7-5-5 and 7-5-9 and adding Section 7-5-26 2-1- and 7-1-1 and amending Sections 7-4-16, 7-5-5 and 7-5-9 and adding Section 7-5-26 2-1- and 7-1-1 and amending Sections 7-4-16, 7-5-5 and 7-5-9 and adding Section 7-5-26 authorizing electric assisted bicycles where permitted by rule adopted by the City uthorizing electric assisted bicycles where permitted by rule adopted by the City uthorizing electric assisted bicycles where permitted by rule adopted by the City Manager, establishing a sunset date of December 31, 2014. Manager, establishing a sunset date of December 31, 2014. Manager, establishing a sunset date of December 31, 2014. PRESENTER/S Jane S. Brautigam, City Manager Jane S. Brautigam, City Manager Jane S. Brautigam, City Manager Paul J. Fetherston, Deputy City Manager Paul J. Fetherston, Deputy City ManagerPaul J. Fetherston, Deputy City Manager Bob Eichem, Chief Financial Officer Chief Financial Officer Chief Financial Officer Maureen Rait, Public Works Executive Director Maureen Rait, Public Works Executive DirectorMaureen Rait, Public Works Executive Director Tracy Winfree, Director of Public Works for Transportation Tracy Winfree, Director of Public Works for Transportation Tracy Winfree, Director of Public Works for Transportation Michael Gardner-Sweeney, Transportation Planning and Operations Coordinator Michael Gardner-Sweeney, Transportation Planning and Operations Coordinator -Sweeney, Transportation Planning and Operations Coordinator Kathleen Bracke, GO Boulder Program Manager Kathleen Bracke, GO Boulder Program ManagerKathleen Bracke, GO Boulder Program Manager Jeff Haley, Parks Planner, Parks and Recreation Department Jeff Haley, Parks Planner, Parks and Recreation DepartmentJeff Haley, Parks Planner, Parks and Recreation Department Dean Paschall, Communication & Public Process Manager, Open Space and Mountain Dean Paschall, Communication & Public Process Manager, Open Space and Mountain Dean Paschall, Communication & Public Process Manager, Open Space and Mountain Parks ParksParks Carey Weinheimer, Traffic Commander, Boulder Police Department Carey Weinheimer, Traffic Commander, Boulder Police DepartmentCarey Weinheimer, Traffic Commander, Boulder Police Department Molly Winter, Executive Director of Downtown, University Hill and Parking Services Molly Winter, Executive Director of Downtown, University Hill and Parking Services Molly Winter, Executive Director of Downtown, University Hill and Parking Services Marni Ratzel, Senior Transportation Planner Marni Ratzel, Senior Transportation Planner Marni Ratzel, Senior Transportation Planner EXECUTIVE SUMMARY Currently, within the City of Boulder, electric-assist bicycles or “e-bikes” are allowed to operate on the road and use bike lanes, but are prohibited from multi-use paths and sidewalks. As directed by council, the City of Boulder is considering a potential demonstration pilot project to test e-bike use on hard-surface, multi-use paths maintained to a transportation standard. The pilot would evaluate behavior of e-bike users to AGENDA ITEM 7 PAGE 5 ATTACHMENT A determine whether these vehicles can co-exist with current users on multi-use paths. Attachment A is the proposed ordinance that would allow this demonstration to occur. Itsuggests a new section (7-5-26) be added to the code to enablethe City Manager’s rulemaking authority to regulate the hard-surface paths where a person may activate the motor of an electric assisted bicycle. The ordinance establishesa sunset date of December 31, 2014. The demonstration project would commence 30 days after Council approval of the ordinance. This duration would allow data collection, evaluation, community input, and quarterly updates to the City Council on the pilot project findings. The pilot would not include use on facilities that are pedestrian-only or intended to The pilot would not include use on facilities that are pedestrian-only or intended to The pilot would not include use on facilities that are pedestrian-only or intended to preserve the natural environment. Specifically, the proposed ordinance for the pilot preserve the natural environment. Specifically, the proposed ordinance for the pilot preserve the natural environment. Specifically, the proposed ordinance for the pilot period makes clear that e-bike use would continue to be prohibited on sidewalks and the -bike use would continue to be prohibited on sidewalks and -bike use would continue to be prohibited on sidewalks and soft-surface trails in the Open Space and Mountain Park (OSMP) system surrounding -surface trails in the Open Space and Mountain Park (OSMP) system surrounding -surface trails in the Open Space and Mountain Park (OSMP) system surrounding Boulder. The pilot would be focused in the urban service area where there is a network Boulder. The pilot would be focused in the urban service area where there is a network Boulder. The pilot would be focused in the urban service area where there is a network of hard-surface, off-street multi-use paths. Attachment C shows several hard-surface multi-use paths on OSMP fee-property that -use paths on OSMP fee-property that -use paths on OSMP fee-property that are integral to the greenway system within the City of Boulder. E-bikes may be in are integral to the greenway system within the City of Boulder. are integral to the greenway system within the City of Boulder. E-bikes may be in E-bikes may be in conflict with the Open Space and Mountain Parks Chartervalues thatserve passive conflict with the Open Space and Mountain Parks CharterChartervalues thatvalues thatserve passive recreation and prohibit motorized vehicles on OSMP land. On September 25.,the Open recreation and prohibit motorized vehicles on OSMP land. On September 25.,the Open recreation and prohibit motorized vehicles on OSMP land. On September 25.,the Open Space Board of Trustees (OSBT) convened a public hearing to consider and take action convened a public hearing to consider and take action convened a public hearing to consider and take action onwhetherOSMP hard-surface multi-use paths are appropriate to include in the e-bikes surface multi-use paths are appropriate to include in the e-bikes -use paths are appropriate to include in the e-bikes demonstration project. The Board voted to…(to be incorporated after the meeting). demonstration project. The Board voted to…demonstration project. The Board voted to…(to be incorporated after the meeting).(to be incorporated after the meeting). On Sept. 23 the Transportation Advisory Board held a public hearing to consider a staff On Sept. 23 the Transportation Advisory Board held On Sept. 23 the Transportation Advisory Board held a public hearing to consider a a public hearing to consider a recommendation on the pilot project and make a formal recommendation to City Council. recommendation on the pilot project and makrecommendation on the pilot project and make a formal recommendation to City Council.e a formal recommendation to City Council. The TAB recommendation was: …. (to be incorporated after the meeting). The TAB recommendation was: …. (to be incorporated after the meeting). The TAB recommendation was: …. (to be incorporated after the meeting). STAFF RECOMMENDATION OMMENDATIONOMMENDATION A staff recommendation for the pilot demonstration project, and specifically which hard- A staff recommendation for the pilot demonstration project, and specifically which hard-A staff recommendation for the pilot demonstration project, and specifically which hard- surface multi-use paths to include in the demonstration project, will be developed with surface multisurface multi-use paths to include in the demonstration project, will be developed with -use paths to include in the demonstration project, will be developed with input from the TAB and OSBT public hearings scheduled for the week of Sept. 23, 2013. input from the TAB and OSBT public hearings scheduled for the week of Sept. 23, 2013. input from the TAB and OSBT public hearings scheduled for the week of Sept. 23, 2013. Staff is consideringseveral alternatives for defining and regulating e-bikes in the City of considerseveral alternatives for Boulder. An objective of the demonstration project is to include a logical, connected Boulder. An objective of the demonstration project Boulder. An objective of the demonstration project system that works for bicyclists as well as fits with and respects the context of the system that works for bicyclists as well as fits system that works for bicyclists as well as fits surrounding area. surrounding area. surrounding area. Attachment A The proposed ordinance to authorize the pilot project is included as .It suggests a new section (7-5-26) be added to the code to enact the City Manager’s rulemaking authority to regulate the hard-surface paths where a person may activate the motor of an electric assisted bicycle. AGENDA ITEM 7 PAGE 6 ATTACHMENT A Suggested Motion Language: Staff requests council consideration of this matter and action in the form of the following motion: Motion to introduce and order published by title only an ordinance creating a pilot project allowing electric assisted bicycles on certain hard surfaced multi-use paths by amending Definitions in Sections 1-2-1- and 7-1-1 and amending Sections 7-4-16, 7-5-5 and 7-5-9 -2-1- and 7-1-1 and amending Sections 7-4-16, 7-5-5 and 7-5-9 -2-1- and 7-1-1 and amending Sections 7-4-16, 7-5-5 and 7-5-9 and adding Section 7-5-26 authorizing electric assisted bicycles where permitted by rule 26 authorizing electric assisted bicycles where permitted by rule 26 authorizing electric assisted bicycles where permitted by rule adopted by the City Manager, establishing a sunset date of December 31, 2014. adopted by the City Manager, establishing a sunset date of December 31, 2014. adopted by the City Manager, establishing a sunset date of December 31, 2014. COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS OMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTSOMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS Economic : Bicyclists tend to shop local and invest in the local economy. A local : Bicyclists tend to shop local and invest in the local economy. d invest in the local economy. survey estimates the direct economic benefit of the bicycling industry in Boulder survey estimates the direct economic benefit of the bicycling industry in Boulder survey estimates the direct economic benefit of the bicycling industry in Boulder to be $52 million. Environmental: E-bikes are an efficient zero emission transportation option, E-bikes are an efficient zero emission transportation option, E-bikes are an efficient zero emission transportation option, reducing green house gas and vehicle miles traveled.An estimated 40 percent of reducing green house gas and vehicle miles traveled.reducing green house gas and vehicle miles traveled.An estimated An estimated all car trips are less than two miles away. Reducing the number of trips made by all car trips are less than two miles awayall car trips are less than two miles away. Reducing the number of trips made by . Reducing the number of trips made by cars reduces congestion and frees up road space for essential motor vehicle trips. cars reduces congestion and frees up road space for essentiacars reduces congestion and frees up road space for essentia E-bikes expand the distance a bicyclist is willing and able to ride, which increases E-bikes expand the distance a bicyclist is willing and able to ride, which iE-bikes expand the distance a bicyclist is willing and able to ride, which i the potential to shift single occupant vehicle trips to e-bike trips. the potential to shift the potential to shift single occupant vehicle trips to e-bike trips. single occupant vehicle trips to e-bike trips. Social: Testing the use of e-bikes on multi-use paths as a pilot program supports a Testing the use of eTesting the use of e-bikes on multi-use paths as a pilot program supports a -bikes on multi-use paths as a pilot program supports a complete transportation system. E-bikes expand modal choice and helps aging complete transportation system. complete transportation system. E-bikes expand modal choice and helps aging E-bikes expand modal choice and helps aging generations stay active and healthy. It is an active transportation mode that generations stay actgenerations stay active and healthy. ive and healthy. addresses health problems related to sedentary behavior. addressesaddresses health problems related to sedentary behavior. health problems related to sedentary behavior. OTHER IMPACTS OTHER IMPACTSOTHER IMPACTS Fiscal –The budget impacts associated with implementing and evaluating a pilot Fiscal Fiscal The budget impacts associated with implementing and evaluating a pilot budget impacts associated with implementing and evaluating a pilot –– program are supported by existing funding earmarked for Transportation supported by existing funding earmarked for Transportation supported by existing funding earmarked for Transportation program are program are Innovations in the city’s 2013 and 2014 budgets. Any voluntary over time Innovations in the Innovations in the employed to conduct enforcement also would be absorbed in the Transportation employed to conduct enforcement also would be absorbed in the Transportation employed to conduct enforcement also would be absorbed in the Transportation Innovations budget. Staff time – Enforcement activities could be scheduled as part of normal shift work. This may limit the Boulder Police Department’scapacity for extended enforcement due to the need to respond to emergencycalls. Voluntary overtime also could be employed to conduct enforcement. The anticipated cost is $55 per officer hour with a minimum of two officers for at least three hours per scheduled overtime event. AGENDA ITEM 7 PAGE 7 ATTACHMENT A BOARD AND COMMISSION FEEDBACK On September 23, 2013 the Transportation Advisory Board held a public hearing to consider the e-bike pilot project and a staff recommended option. The Board action was…. (to be incorporated after the meeting). Other affected boards include the Downtown Management Commission, Open Space Board of Trustees, University Hill Commercial Area Management Commission, and Parks and Recreation Advisory Board. In early September, these boards received a staff September, these boards received a staff September, these boards received a staff memorandum with information on the options under consideration for the potential e- information on the options under consideration for the potential e-information on the options under consideration for the potential e- bikes demonstration pilot project and public process forums for the community to provide bikes demonstration pilot project and public process forums for the community to provide bikes demonstration pilot project and public process forums for the community to provide input. Each board discussed the item at their September meeting. Input is detailed below. input. Each board discussed the item at their September meeting. Input is detailed below. input. Each board discussed the item at their September meeting. Input is detailed below. The OSBT first discussed the e-bike pilot at its meeting on September 11, 2013. The OSBT first discussed the e-bike pilot at its meeting on September 11, 2013. The OSBT first discussed the e-bike pilot at its meeting on September 11, 2013. Conversation focused on safety concerns and conflict with the Open Space and Mountain Conversation focused on safety concerns and conflict with the Open Space and Mountain Conversation focused on safety concerns and conflict with the Open Space and Mountain Parks Charter values to serve passive recreation and prohibit motorized vehicles on Parks Charter values to serve passive recreation and prohibit motorized vehicles on Parks Charter values to serve passive recreation and prohibit motorized vehicles on OSMP land. The OSBT also expressed concerns regarding the need to address corridors OSMP land. The OSBT also expressed concerns regarding the need to address corridors OSMP land. The OSBT also expressed concerns regarding the need to address corridors where there are holdings on OSMP land that are functioning in another way such as hard on OSMP land that are functioning in another way such as hard on OSMP land that are functioning in another way such as hard surface paths that serve a transportation purpose. On September 23, 2013, the OSBT is surface paths that serve a transportation purpose. On September 23, 2013, the OSBT is surface paths that serve a transportation purpose. On September 23, 2013, the OSBT is scheduled to hold a public hearing to consider the e-bike pilot project and potential scheduled to hold a public hearing to consider the e-bike pilot project and potential scheduled to hold a public hearing to consider the e-bike pilot project and potential options for how to handle e-bike use on hard-surface multi-use paths upon Open Space options for how to handle e-bike use on hard-options for how to handle e-bike use on hard-surface multi-use paths upon Open Space -use paths upon Open Space surface multi and Mountain Park (OSMP) property. The Board action was …. (to be incorporated after and Mountain Park (OSMP) property. The Board action was …. (to be incorporated after and Mountain Park (OSMP) property. The Board action was …. (to be incorporated after the meeting). On September 23, the Parks and Recreation Advisory Board (PRAB) discussed the e-bike On September 23, the Parks and Recreation Advisory Board (PRAB) On September 23, the Parks and Recreation Advisory Board (PRAB) pilot. Their input was: …. (to be incorporated after the meeting). Their input was: …. (to be incorporated after the meeting). Their input was: …. (to be incorporated after the meeting). On September 18, 2013, the University Hill Management Commission (UHMC) 18, 2013, the University Hill Management Commission (UHMC) 18, 2013, the University Hill Management Commission (UHMC) discussed the e-bike pilot. Their input was: …. (to be incorporated after the meeting). discussed the e-bike pilot. Their input was: …. (to be incorporated after the meeting). discussed the e-bike pilot. Their input was: …. (to be incorporated after the meeting). On September 9, the Downtown Management Commission (DMC) made a motion in On September 9, the Downtown Management Commission (DMC) made a motion in On September 9, the Downtown Management Commission (DMC) made a motion in support of Option 3 but do not wantto allow e-bikes on thesection of the Boulder Creek support of Option 3 but do not support of Option 3 but do not to allow eto allow e wantwant Path from Scott Carpenter Park to Eben Fine Park. The DMC does not support Option 2 from Scott Carpenter Park to Eben Fine Park. The DMC dofrom Scott Carpenter Park to Eben Fine Park. The DMC do Path Path because of the potential of pedestrian and bicycle conflicts. The vote was unanimous. because obecause of the potential of pedestrian and bicycle conflicts. f the potential of pedestrian and bicycle conflicts. PUBLIC FEEDBACK UBLIC FEEDBACKUBLIC FEEDBACK A summary of public input on the options considered for an e-bike pilot project is A summary of public input on the options considered for an e-A summary of public input on the options considered for an e- Attachment B included in.Also detailed is a summary of the public engagement Attachment Attachment process, which included several forums for community input, including two public process, which included several forums for community input, including two public process, which included several forums for community input, including two public meetings, an online survey, and Web and social media. An intercept survey of multi-use path users scheduled for the week of Sept. 16 was postponed until further notice. Staff also scheduled opportunities for community members to learn more about and test ride e- bikes, including the city-sponsored Boulder Green Streets event that was scheduled for Sunday, Sept. 22. This event has been postponed. A new date is not yet set. Community members also attended the Transportation Advisory Board public hearing on September AGENDA ITEM 7 PAGE 8 ATTACHMENT A 23, 2013, and were encouraged to attend the Council meetings on Oct. 1 and Oct. 22 where the e-bike pilot project options will be considered. Over 200 comments were received expressing an opinion on the proposed options for a pilot project to test e-bike use on paths A majority of approximatelytwo-thirds are supportive of a pilot project. The most common reasons cited were that e-bikes help aging generations stay active and healthy, make longer commutes viable by bike and are an economic and non-polluting alternative to automobiles.An estimated 34 percent of comments received were opposed to testing e-bike use on paths. The primary concerns comments received were opposed to testing e-bike use on paths. The primary concerns comments received were opposed to testing e-bike use on paths. The primary concerns raised include congestion on the paths, speed, and safety. The behavior of existing include congestion on the paths, speed, and safety. The behavior of existing include congestion on the paths, speed, and safety. The behavior of existing bicyclists and a lack of enforcement were cited as concerns that would be compounded bicyclists and a lack of enforcement were cited as concerns that would bicyclists and a lack of enforcement were cited as concerns that would be compounded by e-bike users. Some comments suggested that the multi-use path system needs to suggested that the multi-use path system needs to suggested that the multi-use path system needs to separate bicyclists from walkers. Increased awareness through an education and outreach separate bicyclists from walkers. Increased awareness through an education and outreach separate bicyclists from walkers. Increased awareness through an education and outreach campaign followed up with targeted enforcement was expressed as vital components to s vital cs vital c xpressed axpressed a omponents to omponents to consider. In addition to the options being considered by staff, some community members suggested options being considered by staff, some community members options being considered by staff, some community members suggested suggested that other options be considered. Most of these were identified atthe public meeting held the the public Most of these were identified atMost of these were identified atmeeting held on Sept, 4, 2013. Included were options to define an e-bike based on vehicle weight, define an e-bike based on vehicle weight, e-bike based on vehicle weight, vehicle speed or speed based on rider and vehicle. Options to regulate use suggested vehicle speed or speed based on rider and vehicle. Options to regulate use suggested vehicle speed or speed based on rider and vehicle. Options to regulate use suggested included to allow e-bikes wherever bikes are allowed (including sidewalks and OSMP -bikes wherever bikes are allowed (including sidewalks and OSMP -bikes wherever bikes are allowed (including sidewalks and OSMP trails); allow e-bikes wherever bikes were allowed except on OSMP natural surface bikes wherever bikes were allowed excbikes wherever bikes were allowed except on OSMP natural surface ept on OSMP natural surface paths; and restrict e-bike use on some weekends. But, allow them on other weekends -bike use on some weekends. But, allow them on other weekends -bike use on some weekends. But, allow them on other weekends along the Boulder Creek Path to test the difference. A summary of comments from the along the Boulder Creek Path to test the difference. along the Boulder Creek Path to test the difference. A summary of comments from the A summary of comments from the Attachment B two public meetings held on Sept. 4 and Aug. 7 also are included in . held on Sept. 4 and Aug. 7 also are included in held on Sept. 4 and Aug. 7 also are included in BACKGROUND Considering a trial period to test the use of e-bikes on off-street, hard-surface multi-use Considering a trial period to test the use of e-bikes on off-Considering a trial period to test the use of e-bikes on off- pathways raised Council interest due to community support expressed through a petition pathways raised Council interest due to community support expressed through a petition pathways raised Council interest due to community support expressed through a petition and testimony provided to the Council. Severalcommunity members attended the City and testimony provided to the Council. and testimony provided to the Council. SeveralSeveral Council meeting on Tuesday, May 21 to speak in support of changing city policy to allow Council meeting on Tuesday, May 21 to speak in support of changing city policy to allow Council meeting on Tuesday, May 21 to speak in support of changing city policy to allow e-bikes on paths. In response, the Transportation Divisionspearheaded an internal e-bikes on paths. e-bikes on paths. the Transportation the Transportation In response,In response, review of e-bike regulations. An interdepartmental team comprised of Parks & review of ereview of e-bike regulations. An interdepartmental team comprised of Parks & -bike regulations. An interdepartmental team comprised of Parks & Recreation, Open Space and Mountain Parks, the City Attorney’s office, Police Recreation, Open Space and Mountain Parks, the City Attorney’s office, Police Recreation, Open Space and Mountain Parks, the City Attorney’s office, Police Department and Transportation as well as Downtown University Hill Management& Department and Transportation as well as Downtown University Hill Department and Transportation as well as Downtown University Hill Parking Services was involved in the review. Parking Services wasParking Services was involved in the review. involved in the review. The City is in the process of updating the Transportation Master Plan (TMP). The City is in the process of updating the Transportation Master Plan (TMP). The City is in the process of updating the Transportation Master Plan (TMP). As part of the TMP update, the Transportation Division is introducing a“Complete As part of the TMP update, the Transportation Division is introducing As part of the TMP update, the Transportation Division is introducing Streets Bike and Pedestrian Living Laboratory”to test innovativetreatments and programs to see if they are appropriate for Boulder. E-bikes are one bicycle innovation under review by the City as part of the living laboratory. For more information regarding the Transportation Master Plan update and the living laboratory, visit www.bouldertmp.netand select “Complete Streets” or “Living Laboratory”. AGENDA ITEM 7 PAGE 9 ATTACHMENT A Current Regulations Federal regulations govern the safety requirements and standards for e-bikes in the United States. The Consumer Product Safety Commission defines a low-speed electric bicycle as “a two- or three-wheeled” vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.) whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds is less than 20 mph. It further defines a bicycle to include the above definition. States and local jurisdictions regulate the use of e-bikes and may adopt a more restrictive definition of an e-bike. An e-bike is distinguished from other higher powered personal definition of an e-bike. An e-bike is distinguished from other higher powered personal mobility devices vehicles such as a moped or scooter by definition. Specifically, e-bikes mobility devices vehicles such as a moped or scooter by definition. Specifica are defined as having fully operable pedals, an upper threshold for the power assist of the are defined as having fully operable pedals, an upper threshold for the power assist of the motor that ranges between 750 and 1000 watts of power and top motor-powered speeds motor that ranges between 750 and 1000 watts of power and top motor- powered speeds of 20 mph. Colorado State Law defines an e-bike as a two or three wheeled vehicle with pedals and wheeled vehicle with pedals and equipped with an electric motor not exceeding 750 watts of power with a top motor- equipped with an electric motor not exceeding 750 watts of power with a top motor- powered speed of 20 mph. In Colorado, e-bikes may be operated on the road and within powered speed of 20 mph. In Colorado, e-bikes may be operated on the road and within bicycle lanes. E-bikes are prohibited from using their motors on bike and pedestrian prohibited from using their motors on bike and pedestrian prohibited from using their motors on bike and pedestrian paths, unless allowed by local ordinance. The city of Boulder definition currently differs from State Law by defining an e-bike by The city of Boulder definition currently differs from State Law by defining an e further limiting the motor capacity of an e-bike to no more than 400 watts of continuous further limiting the motor capacity of an e-bike to no more than 400 watts of continuous input power. E-bikes are allowed to use bike lanes. As a motor vehicle, e-bikes are input power. E-bikes are allowed to use bike lanes. As a motor vehicle, e- currently prohibited from using multi-use paths and sidewalks and OSMP trails. A map currently prohibited from using multi-use paths and sidewalks and OSMP trails. A map Attachment C of multi-use paths that are on OSMP fee property is shown in . These are -use paths that are on OSMP fee property is shown in maintained to a transportation standard and integrated into the urban fabric of the maintained to a transportation standard and integrated into the urban fabric of the greenway system. ANALYSIS In developing the staff recommendation, the Transportation Division is considering a In developing the staff recommendation, the Transportation Division In developing the staff recommendation, the Transportation Division variety of factors concerning use of e-bikes on multi-use paths, including compatibility variety of factors variety of factors concerning use of e-bikes on multi-use paths, including compatibility concerning use of e-bikes on multi-use paths, including compatibility with other users, the speed of e-bikes, alignment with goals in the TMP, experience of with other users, the speed of e-bikeswith other users, the speed of e-bikes, alignment with goals in the , alignment with goals in the other communities, use of OSMP paved trails and public input. other communities, use of other communities, use of OSMP paved trails OSMP paved trails About e-bikes About eAbout ebikesbikes - An e-bike is essentially abicycle that can be propelled by both human power and electric- -bike is essentially abicycle assist power. It is designed for people interested in completing trips by bike but concerned assist power. It is designed for people interested in completing trips by bike but concerned assist power. It is designed for people interested in completing trips by bike but concerned assist power. It is designed for people interested in completing trips by bike but concerned about their physical ability to ride longer distances or climb steeper hills. The electric about their physical ability to ride longer distances or climb steeper hills. The Attachment D range, speed, and cost of an e-bike are moderate. provides photos and range, speed, and cost of an e-range, speed, and cost of an e- specifications for some e-bikes, an FAQand arecent article about e-bikes. As regulated by the Boulder Revised Code, the speed limit on multi-use paths is 15 mph unless posted otherwise (there are sections where the speed limit is 10 mph). The speed of an e-bike iscompatible with this established speed limit. Based on Federal regulations, the speed of an e-bike using only the electric motor or a power assisted option has an upper threshold of 20 mph. Factors such as slope, rider’s weight and terrain affect the AGENDA ITEM 7 PAGE 10 ATTACHMENT A speed of the bicycle. As the terrain or slope of a bicycle facility becomes more difficult or steep, the speedof the electric power assist will decrease, unless pedal power is used in conjunction with the electric power assist.A more powerful motor will help maintain the maximum power assist speed of 20 mph. Under human power alone, riders of e-bikes (and traditional bikes) are capable of exceeding this threshold. Potential users of an e-bike include commuters and persons who prefer to travel by bicycle but may not be physically able to complete the trip intended without an electric power assist. This travel option could expand the bicycle user base, attract interested but , attract interested but , attract interested but concerned cyclists to ride more and be an opportunity to work toward the goals contained concerned cyclists to ride more and be an opportunity to work toward the goals contained concerned cyclists to ride more and be an opportunity to work toward the goals contained in the TMP. Peer City Review Staff researched experience in other communities that have allowed or, in some cases, not experience in other communities that have allowed or, in some cases, not experience in other communities that have allowed or, in some cases, not allowed e-bikes from using off-street, hard surface paths similar to Boulder’s off-street -bikes from using off-street, hard surface paths similar to Boulder’s off--bikes from using off-street, hard surface paths similar to Boulder’s off- street street Attachment E pathway/greenways network. provides a summary of this research. Based provides a summary of this research. provides a summary of this research. Based Based on the experience of other communities that have allowed e-bikes, there has not been a on the experience of other communities that have allowed e-bikeson the experience of other communities that have allowed e-bikes, there has not been a , there has not been a resulting increase in conflicts on multi-use paths or other bicycle facilities. -use paths or other bicycle facilities. -use paths or other bicycle facilities. Paved paths on OSMP property Attachment C shows in red those hard surfaced trails which are identified as being shows in red those hard surfaced trails which are identified as being shows in red those hard surfaced trails which are identified as being “owned” by OSMP but which are maintained by Transportation. This relationship came “owned” by OSMP but which are maintained by Transportation. “owned” by OSMP but which are maintained by Transportation. This relationship came This relationship came about when, over the years, Transportation proposed that these OSMP trails be hardened about when, over the years, Transportation proposed that theabout when, over the years, Transportation proposed that the se OSMP se OSMP to provide a better bicycling surface. Bicycling was considered an Open Space purpose so to provide a better bicycling surface. Bicycling was considered an Open Space purpose so to provide a better bicycling surface. Bicycling was considered an Open Space purpose so an agreement was made to harden the surface and to have Transportation maintain the an agreement was made to harden the surface and to have Transportation maintain the an agreement was made to harden the surface and to have Transportation maintain the trails. These paths are typically on the periphery of the OSMP land and connect with trails. These paths are typically on the periphery of the OSMP land and connect with trails. These paths are typically on the periphery of the OSMP land and connect with other Transportation managed paths. other Transportation managed paths. other Transportation managed paths. Modifications can be made to temporarily amend ordinances addressing the Visitor Modifications can be made to tModifications can be made to temporarily amend ordinances addressing the Vemporarily amend ordinances addressing the V Master Plan and Long Range Master Plan. However, the Charter/passive recreation and Long Range Master PlanLong Range Master Plan . H. H lan and question raises a more difficult hurdle. The paved paths are part of the City’s greenway question raises a more difficult hurdle. The paved paths are part of the City’s greenway question raises a more difficult hurdle. The paved paths are part of the City’s greenway system and are intended to serve both a recreation and transportation purpose. OSBT system and are intended to serve bosystem and are intended to serve both a recreation and transportation purpose. th a recreation and transportation purpose. input and action at the late September meetingwill help guide a staff recommendation on input and action at the input and action at the late September meetinglate September meeting how to handle e-bike use on these paths. how to handle e-bike use on these paths. how to handle e-bike use on these paths. Integrating a comprehensive program of the 5 E’s Integrating a comprehensive program of the 5 E’sIntegrating a comprehensive program of the 5 E’s The City of Boulder’s approach to support bicycling and walking is to achieve a The City of Boulder’s approach to support bicycling and walking is to achieve a The City of Boulder’s approach to support bicycling and walking is to achieve a comprehensive program that includes Engineering, Encouragement, Education, comprehensive program that includes Engineering, Encouragement, Education, comprehensive program that includes Engineering, Encouragement, Education, Enforcement and Evaluation initiatives. As part of the TMP update, staff is refining Enforcement and Evaluation initiatives. As part of the TMP update, staff is refining Enforcement and Evaluation initiatives. As part of the TMP update, staff is refining strategies to address concerns raised by community members for congestion and conflicts on the bicycling system today. Independent of a pilot project to test e-bike use on paths, staff will be taking action to encourage cyclists to ride at appropriate speeds on the path system. This action will include the installation of 15 mph speed limit signs at key path locations and will be supported by an outreach campaign to raise public awareness on user rights and AGENDA ITEM 7 PAGE 11 ATTACHMENT A responsibilities as well as the rules of the path, including 15 mile per hour speed limit and walk right/pass left. Field observations to record unsafe behavior including speeding and other safety concerns along the path system will be conducted. Formal Police enforcement activities may be scheduled as resources allow and based on the findings of the field observations. If approved by Council, the proposed e-bikes pilot project for the off-street multi-use paths (non- OSMP) will be an opportunity to enhance this comprehensive approach, including additional efforts for education and enforcement. Results will be evaluated as for education and enforcement. Results will be evaluated as for education and enforcement. Results will be evaluated as part of the living laboratory analysis. This evaluation would include field observations to part of the living laboratory analysis. This evaluation would include field observations to part of the living laboratory analysis. This evaluation would include field observations to track user behavior and guide formal police enforcement activities. Based on results and track user behavior and guide formal police enforcement activities. Based on results and track user behavior and guide formal police enforcement activities. Based on results and as resources allow, targeted enforcement efforts may be conducted to record time spent low, targeted enforcement efforts may be conducted to record time spent low, targeted enforcement efforts may be conducted to record time spent and observations of safety concerns by various users including e-bikes, regular bikes, and observations of safety concerns by various users including e-bikes, regular bikes, and observations of safety concerns by various users including e-bikes, regular bikes, pedestrians and others as well as issuance of summonses / warning. pedestrians and others as well as issuance of summonses / warning. pedestrians and others as well as issuance of summonses / warning. The pilot program would be supported by a social media campaign and more traditional The pilot program would be supported by a social media campaign and more traditional The pilot program would be supported by a social media campaign and more traditional outreach strategies to raise awareness on the pilot allowing e-bikes on multi-use paths outreach strategies to raise awareness on the pilot allowing eoutreach strategies to raise awareness on the pilot allowing e-bikes on multi-use paths -bikes on multi-use paths and the continued prohibition of e-bikes on sidewalks (other than those designated as and the continued prohibition of e-bikes on sidewalks (other than those designated as and the continued prohibition of e-bikes on sidewalks (other than those designated as multi-use paths). PROPOSED ORDINANCE REVISION SED ORDINANCE REVISIONSED ORDINANCE REVISION The City Attorney’s Office has drafted a proposed ordinance for City Council has drafted a proposed ordinance for City Council has drafted a proposed ordinance for City Council consideration to pilot e-bike use on hard-surface, multi-use paths maintained to a consideration to pilot e-bike use on hard-surface, multisurface, multi-use paths maintained to a -use paths maintained to a Attachment A transportation standard. This is included as. The ordinance amends the transportation standard. This is included astransportation standard. This is included as. The ordinance amends the . The ordinance amends the Attachment AAttachment A definition of an e-bike to be consistent with state law. The pilot would evaluate behavior definition of an e-bike to be consistent with state law. The pilot would definition of an e-bike to be consistent with state law. The pilot would of e-bike users to determine whether these vehicles can co-exist with current users on bike users to determine whether these vehicles can cobike users to determine whether these vehicles can co multi-use paths. The ordinance authorizes the Rulemaking authority of the City Manger -use paths. The ordinance authorizes the Rulemaking authority of the City Manger -use paths. The ordinance authorizes the Rulemaking authority of the City Manger to offer flexibility in determining the hard-surface multi-use path segments that allow e- the hard-the hard- to offer flexibility in determining to offer flexibility in determining surface multisurface multi bikes. This approach offers the opportunity to adjust to scope of the pilot project in bikes. This approach offeroffers the opportunity to adjust to scope of the pilot project in s the opportunity to adjust to scope of the pilot project in response to findings of the on-going evaluation. A sunset date of December 31, 2014 response to findings of the on-going evaluation. A sunset date of December 31, 2014 response to findings of the on-going evaluation. A sunset date of December 31, 2014 would allow data collection, evaluation and quarterly updates to the City Council on the would allow data collection, evaluation and quarterly updates to the City Council on the would allow data collection, evaluation and quarterly updates to the City Council on the pilot project findings. pilot project findings. pilot project findings. OPTIONS OPTIONSOPTIONS Below is a list of options considered for defining and regulating e-bikes in the City of is a list of options considered for defining and regulating e-bikes in the City of Boulder. Boulder. Options for defining an e-bike Options for defining an eOptions for defining an e Option 1: No change to the existing e-bike Definition(BRC 7-1-1 Definitions): "Electric assisted bicycle" means a bicycle with a battery powered electric motor with a capacity of no more than four hundred watts continuous input power rating which assists the person pedaling and which is not capable of propelling the bicycle and rider at more than twenty miles per hour on level pavement. AGENDA ITEM 7 PAGE 12 ATTACHMENT A Option 2: Amend e-bike definition to conform with Colorado State Law* CRS 42-1- 102(28.5): "Electrical assisted bicycle" means a vehicle having two tandem wheels or two parallel wheels and one forward wheel, fully operable pedals, an electric motor not exceeding seven hundred fifty watts of power, and a top motor-powered speed of twenty miles per hour. *Denver and Fort Collins also uses this definition. Options for regulating an e-bike Option 1: Clarify the existing law regulating e-bikes. E-bikes may operate on the E-bikes may operate on the E-bikes may operate on the roadway and within designated on-street bike lanes but are prohibited from using the roadway and within designated on-street bike lanes but are prohibited from using the roadway and within designated on-street bike lanes but are prohibited from using the motor on multi-use paths, trails and sidewalks. Option 2:Adopt an ordinance to test e-bike use on multi-use paths for a -use paths for a -use paths for a bike use on multi bike use on multi demonstration period of one year. This ordinance would sunset 12 months after it This ordinance would sunset 12 months after it This ordinance would sunset 12 months after it commences. E-bike use on the following would continue to be prohibited: -bike use on the following would continue to be prohibited: -bike use on the following would continue to be prohibited: OSMP trails, including those that currently allow bikes OSMP trails, including those that currently allow bikes OSMP trails, including those that currently allow bikes Sidewalks, except those designated as multi-use paths Sidewalks, except those designated as multiSidewalks, except those designated as multiuse pathsuse paths - The above option would allow the city to evaluate the impacts of allowing e-bike riders to allow the city to evaluate the impacts of allowing eallow the city to evaluate the impacts of allowing e operate the motor while bicycling on hard-surface, multi-use paths, with the exception of operate the motor while bicycling on hard-surface, multi-use paths, with the exception of operate the motor while bicycling on hard-surface, multi-use paths, with the exception of those on OSMP fee-property. The pilot project would include comprehensive program . The pilot project would include comprehensive program . The pilot project would include comprehensive program that encompasses the five E’s of engineering, encouragement, education, enforcement and s the five E’s of engineering, encouragement, education, enforcement and s the five E’s of engineering, encouragement, education, enforcement and evaluation. Signs to inform path users of the pilot project and the current 15 mph speed evaluation. Signs to inform path users of the pilot project and the current 15 mph speed evaluation. Signs to inform path users of the pilot project and the current 15 mph speed limit would be installed at select locations along the pathway system to educate users. limit would be installed at select locations along the pathway system to educate users. limit would be installed at select locations along the pathway system to educate users. Formal police enforcement activities may be scheduled as resources allow and based on l police enforcement activities may be scheduled as resources allow and based on l police enforcement activities may be scheduled as resources allow and based on the findings of the field observations. Automatic in-pavement loop detectors will track the findings of the field observations. the findings of the field observations. Automatic inAutomatic in-pavement loop detectors will track -pavement loop detectors will track bike volume. Manual counts would be conducted to collect volume data by user type bike volume. Manual counts would be conducted to collect volume data by user type bike volume. Manual counts would be conducted to collect volume data by user type (pedestrian, bike, e-bike, other). Additionally, an online survey and intercept surveys of estrian, bike, e-bike, other). Additionally, an online survey and intercept surveys of estrian, bike, e-bike, other). Additionally, an online survey and intercept surveys of multi-use path users would be conducted to gather input on the pilot program and use of -use path users would be conducted to gather input on the pilot program and use of -use path users would be conducted to gather input on the pilot program and use of e-bikes on multi-use paths. e-bikes on multi-use paths. e-bikes on multi-use paths. Option 3:Adopt ordinance to test e-bike use on multi-use paths, except for a Option Option 3:Adopt ordinance to test eAdopt ordinance to test e 3: segment of the Boulder Creek Path, for a demonstration period of one year. This segment of the Boulder Creek Path, for a demonstration period of one year.segment of the Boulder Creek Path, for a demonstration period of one year. ordinance would sunset 12 months after is commences. E-bike use on the following ordinance would sunset 12 months after is commences. E-bike use on the following ordinance would sunset 12 months after is commences. E-bike use on the following would continue to be prohibited: would continue to be prohibited: would continue to be prohibited: OSMP trails, including those that currently allow bikes OSMP trails, including thosOSMP trails, including thos Sidewalks, except those designated as multi-use paths Sidewalks, except those designated as multiSidewalks, except those designated as multi The Boulder Creek Path between Eben G. Fine Park and Scott Carpenter Park The Boulder Creek Path between Eben G. Fine Park and Scott Carpenter Park The Boulder Creek Path between Eben G. Fine Park and Scott Carpenter Park Public input on the potential pilot program to test e-bike use on hard-surface, multi-use paths has expressed concern for impacts to the pedestrian experience and safety. This option would restrict the use of the electric-assisted motor on an e-bike along the Boulder th Creek Path from the western city limit (west of Eben G. Fine Park) to 30Street (Scott Carpenter Park). As the spine of the greenway system, this segment of the Boulder Creek Path is a well publicized tourist destination and serves as a linear park along the Boulder AGENDA ITEM 7 PAGE 13 ATTACHMENT A Creek riparian corridor. In addition to the comprehensive program outlined in Option 2, additional strategies would likely be required to regulate the use of e-bikes as non- motorized vehicles along the prohibited segment of the Boulder Creek path. ATTACHMENTS Attachment AOrdinance XXX Attachment B Public input summary Attachment C Paved paths on OSMP property Attachment D E-bikes FAQ, specifications and information Attachment EPeer city review AGENDA ITEM 7 PAGE 14