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Burlington Walk-Bike Council

Regular Meeting

Burlington, VT · February 1, 2023

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AGENDA - Burlington Walk / Bike Council February 1, 2023, Wednesday 6:00 – 7:30 pm MEETING OPTIONS: 1. In-person - DPW conference room at 645 Pine Street, Burlington 2. Virtually - using Zoom: https://us02web.zoom.us/j/88225473951?pwd=YzFFQ1Q3Y3J4bzcwR2VNYWRFWnht UT09 Passcode: 091788 (See other remote access options below) AGENDA: 1. Introductions, Announcements, Updates and Public Comments (15 min) 2. Discussion on Possible Updates to City Ordinances Affecting Walking and Biking (70 min) As a follow up to the discussion at the December 12, 2022 BWBC meeting, we will review a list of City ordinances and policies that have an impact on improved walking and biking conditions, determine if there are others that should be included on the list, and determine any priority items to address this year. Please review this Policy/Ordinance discussion list in advance of the meeting to familiarize yourself with the discussion topic and to identify any missing policy items. 3. Next Steps (5 min) Previous Meeting – At the meeting on January 4 DPW staff gave an update on the Great Streets Main Street project, with a focus on intersection design. Consultants for the project evaluated roundabout intersections and signalized intersections, recommending the latter. Participants raised concerns about the modeling and requested that four way stops be modeled as a possible alternative. Next Month: BWBC Meets Wednesday, March 1, 2023, 6:00 – 7:30 pm The BWBC is an all-volunteer advisory council to the City of Burlington. We work closely with and advise the Department of Public Works and the Department of Parks, Recreation, & Waterfront on infrastructure improvements and policy changes for walking and bicycling. The council also leads advocacy efforts and organizes events and activities that promote and celebrate walking and biking in Burlington and beyond. See www.burlingtonwalkbike.org (under construction) and BWBC Minutes and Agendas . BWBC Community Liaisons Erik Brown Brotz*, Ward 5, erik@burlingtontelecom.net, Chair Greg Hostetler, Ward 2 Faith Ingulsrud*, Ward 6 Peter Keating, Ward 6 Karen Sentoff, Ward 4 Jason Stuffle*, Ward 1 Kerry Swift, Ward 4 Allegra Williams, Ward 3 * = BWBC Coordinating Committee Remote access options for non-ZOOM participation: Phone one-tap : US: +13017158592,,88225473951#,,,,,,0#,,091788# or 13126266799,,88225473951#,,,,,,0#,,091788#. Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 301 715 8592 or +1 312 626 6799 or +1 929 205 6099 or +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 Webinar ID: 882 2547 3951 Passcode: 091788. International numbers available: https://us02web.zoom.us/u/kdoOfuotqF 2023 Policy/Ordinance Topics Burlington Walk Bike Council February 1, 2023 Potential Policy/Ordinance Topics 1. Pedestrian prioritization at traffic signals 9. Reduce barriers to neighborhood street closures 2. Automatic pedestrian cycle at high use signalized intersection 10. Neighborhood-wide resident-only parking 3. Idaho Stop 11. Updating Article I definitions to align with state definitions and regulations of e-bikes 4. No right on red 12. Riding abreast prohibition 5. Remove potentially problematic aspects of 13. Dissemination of information pedestrian ordinance 14. Impounding of biycles 6. Local complete streets policy 15. Coasting/sliding restricted 7. Update/strengthen bike parking ordinance 16. Reduce requirements for in-street crosswalk 8. Prevent sump pumps from discharging water signs onto sidewalks and streets 17. Fire code & 24' minimum clearance Ordinance or Category Description In PlanBTV Walk/Bike? Policy? 1. Pedestrian prioritization at traffic signals Infrastructure Unclear Provide an advanced pedestrian phase Yes; "Establish pedestrian priority at all signalized at signalized crosswalks, allowing crosswalks, adjusting signal timing to provide pedestrians to start crossing before advance pedestrian phasing." motorized traffic is allowed to proceed. 2. Automatic pedestrian cycle at high use signalized intersection Infrastructure Unclear In high foot-traffic areas, change Yes; "Throughout Burlington’s downtown core and signals to automatically include a in high-foot traffic areas (such as UVM, and North pedestrian cycle during high traffic Street), pedestrian crossings should be timed to times, and during other times allow for cycle through automatically, without the need for rapid response to a push-button push-button activation. " request for a walk signal Ordinance or Category Description In PlanBTV Walk/Bike? Policy? 3. Idaho Stop Motor Ordinance Idaho stop laws typically allow people on Yes; Adopt the Idaho Stop Law - a law that allows Vehicles bikes to treat stop signs as yield signs if no cyclists to treat a stop sign as a yield sign and a and Traffic other vehicles are present at the intersection. red light as a stop sign. This law would also allow Unclear if BTV can do this without changes to cyclists to proceed cautiously through a red light state law. phase at T-Intersections. This may be complicated by state law (23 V.S.A. § 1048), and Burlington ordinance 20-2 20-2 Compliance with chapter and state law required. No person shall operate or cause to be operated any vehicle on any street of this city except in compliance with this chapter and applicable state laws. 20-26 Stops at intersections. (a) When stop signs are erected at or near the entrance to any intersection, every driver of a vehicle approaching a stop sign shall stop before entering the crosswalk on the near side of the intersection or if there is no crosswalk shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, except when directed to proceed by a police officer or traffic control-signal. (b) After the driver of a vehicle has stopped in obedience to a stop sign at an intersection where a stop sign is erected at one (1) or more entrances thereto, such driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard, but said driver having so yielded may proceed and the drivers of all other vehicles approaching the intersection shall yield the right-of-way to the vehicle so proceeding. Relevant State Law 23 V.S.A. § 1048 Stop or yield intersections (a) Preferential right of way at an intersection may be indicated by “stop” signs or “yield” signs. (b) Except when directed to proceed by an enforcement officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right of way to any vehicle that has entered the intersection from another highway or that is approaching so closely on said highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection. (c) The driver of a vehicle approaching a yield sign shall in obedience to the yield sign slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection. However, if the driver is involved in a collision with a vehicle in the intersection, after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of the driver’s failure to yield right of way. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1995, No. 73 (Adj. Sess.), § 3.) Ordinance or Category Description In PlanBTV Walk/Bike? Policy? 4. No right on red Infrastructure Ordinance Prohibit right on red for cars citywide or in a certain area 20-121 Traffic-control signals generally. (e) Turn on red after stop: Except when a traffic-control device is in place prohibiting a turn on red or a steady red arrow signal indication is displayed, vehicular traffic facing a steady red signal may cautiously enter the intersection to make the turn indicated by such sign after stopping as required by subsection (c) of this section. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within the adjacent crosswalk and to other traffic lawfully using the intersection. The right to proceed with the turn shall be subject to the rules applicable after making a stop at a STOP sign. Ordinance or Category Description In PlanBTV Walk/Bike? Policy? 5. Remove potentially problematic aspects of pedestrian ordinance Motor Ordinance Ordinances dictating where, when, and how people cross No Vehicles and streets on foot. These can be used for pretextual stops, Traffic and may also remove liability for drivers in crashes. Violations are considered civil violations subject to $50 - $200 fine per 20-13. Ordinances to consider removing or adjusting: 20-135 Obedience to directions and signals: All pedestrians shall be subject to and comply with any direction of any member of the police department and directions of all official traffic-control signs. Where such devices are not installed pedestrians shall be granted those rights and be subject to the regulations as set out in this article. 20-136 Pedestrian-control signal: Whenever special pedestrian-control signals exhibiting the term "Walk" or "Wait" or "Don’t Walk" are in place such signals shall indicate as follows: (a) Walk: Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by drivers of all vehicles. (b) Wait or Don’t Walk: No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the "Walk" signal shall proceed to a sidewalk or safety zone while the "Wait" or "Don’t Walk" signal is showing. 20-137 Manner of crossing street: No pedestrian shall cross a roadway at any point other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a crosswalk. 20-141 When pedestrians to yield to vehicles: Any pedestrian shall yield the right-of-way to all vehicles upon the roadway when: (a) Crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection; and (b) Crossing a roadway at any point where a pedestrian tunnel or overhead pedestrian crossing has been provided. 20-143 Walking on roadway: Where sidewalks are provided it shall be unlawful for any pedestrian to walk along or upon an adjacent roadway. Where sidewalks are not provided any pedestrian walking along or upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction. Ordinance or Category Description In PlanBTV Walk/Bike? Policy? 6. Local complete streets policy Infrastructure Ordinance Establish a Complete Streets ordinance for Burlington that is more comprehensive than the statewide Complete Streets law. Could require a certain level of traffic stress be achieved in projects. 7. Update/strengthen bike parking ordinance Infrastructure Ordinance Some updates recommended in PlanBTV Walk/Bike have Yes; See PlanBTV Walk/Bike, Pg. been incorporated, others have not. Parking ratio 152 for recommended revisions and requirements are supposed to be revisited every 5 years. additions 8. Prevent sump pumps from discharging water onto sidewalks and streets Development Ordinance Some sump pumps and foundation drains discharge water ordinance in a way that results in water draining onto adjacent sidewalks and streets, resulting in walking and biking hazards, especially in winter. Provide enforcement to ensure that the sump pumps discharge into the sewage system or, if to the exterior, that they do not drain iinto sidewalks and roadways, Ordinance or Category Description In PlanBTV Walk/Bike? Policy? 9. Reduce barriers to neighborhood street closures Motor Ordinance Make it easier for residents to utilize neighborhood streets Sort of; Increase Open Streets event Vehicles and for socializing, events, etc. frequency to 4 per year by 2018, with Traffic the addition of play streets events in interested neighborhoods. 20-5 Play streets (a) The traffic commission may declare any street or part thereof a play street and place appropriate signs or devices in the roadway indicating and helping to protect the same. (b) Whenever authorized signs are placed, erected or installed designating any street or portion thereof as a play street pursuant to the provisions of this section, no person shall drive a motor vehicle upon such designated street, except persons who have business or who reside within such designated street, and all such persons shall exercise the greatest care when driving upon such play street. 27-9 Playing games in street, marketplace or public park. No person shall play at ball or at any game of chance or skill upon a street or upon any portion of the Church Street Marketplace District without consent of the Marketplace Commission. Nor shall any person play at ball or at any game of chance or skill in a public park without the consent of the park commissioners." Ordinance or Category Description In PlanBTV Walk/Bike? Policy? 10. Neighborhood-wide resident-only parking Motor Ordinance Allow resident-only parking areas to include more than Vehicles and one street. Currently only residents of the named street Traffic may park on it. Allowing residents of major streets to park on adjacent streets would potentially make it easier to remove on-street parking on the major street. 27 No parking except with resident parking permit. (f) Permits. Parking services shall issue resident parking permits only to residents of streets, or portions thereof, that are designated "resident parking only" for parking on that street pursuant to subsection (i) of this section. Ordinance or Category Description In PlanBTV Walk/Bike? Policy? 11. Updating Article 1 definitions to align with state definitions and regulations of e-bikes Motor Ordinance Burlington ordinance refers to e-bikes as either Vehicles and motor-assisted bicycles or motor-assisted micromobility Traffic devices, rather than using the three-class + motor-assisted bicycle system in state law. Also prohibits all motor-assisted bicycles and motor-assisted micromobility devices from sidewalks. This is not necessarily a bad thing, but something to discuss. 6-1 Definitions. Bicycle: Any pedal-driven device propelled entirely by human power and having two (2) or more wheels. Motor-assisted bicycle: Any bicycle with fully operable pedals and equipped with a motor that in itself is capable of producing a speed of no more than thirty (30) miles per hour on a paved level surface. A motor-assisted bicycle is not a motor vehicle or micromobility device and shall obey all traffic regulations applicable to bicycles, except as otherwise provided by law or other ordinances. Motor-assisted micromobility device: Any motor-assisted device for personal transportation. This includes any device with no more than three (3) wheels and a motor that in itself is capable of producing a speed of no more than twenty-five (25) miles per hour on a paved level surface. Motor-assisted micromobility devices are not motor vehicles and shall obey all traffic regulations applicable to motor-assisted bicycles, except as otherwise provided by law or other ordinances. 6-3 Riding on sidewalks, bicycle and pedestrian pathways and in parks. (f) No person shall operate a motor-assisted bicycle, motor-assisted micromobility device, pedi-cab or pedi-bus upon any sidewalk. Ordinance or Category Description In PlanBTV Walk/Bike? Policy? 12. Riding abreast prohibition Motor Ordinance Prohibits riding abreast "in traffic" except for when passing. Vehicles and Traffic 6-7 Riding abreast. No person shall ride or propel a bicycle in traffic abreast of any other person riding a bicycle, except for the purposes of passing. 13. Dissemination of information Motor Ordinance Requires anyone who sells or rents a bike to provide Vehicles and information about state and local laws governing operation Traffic of bicycles. 6-15 Dissemination of information. (a) Every person engaged in the sale or dissemination of bicycles shall inform each purchaser of city ordinances and state laws governing the operation of bicycles. (b) Every person engaged in the business of renting bicycles shall inform each person who rents a bicycle of the city ordinances and state laws governing the operation of bicycles." Ordinance or Category Description In PlanBTV Walk/Bike? Policy? 14. Impounding of bicycles Motor Ordinance Allows police to impound someone's bicycle for second or Vehicles and subsequent violations of the bicycle ordinance within a Traffic 12-month period. 6-17 Enforcement. (b) Subsequent offenses. In addition to any civil penalties provided for in section 27-21, a law enforcement officer apprehending a person for a second or subsequent violation of this section during any twelve-month period may impound the bicycle. 15. Coasting/sliding restricted Motor Ordinance Seems to prohibit the use of sleds and also possibly skis Vehicles and and other vehicles on streets as well as sidewalks (?) Traffic Unclear what this ordinance is trying to regulate. 20-6 Coasting or sliding restricted. No person shall coast, course or slide on a sled, sleigh or other vehicle in a street upon the sidewalks thereof, except such streets as shall be designated by the city council or the mayor. Ordinance or Category Description In PlanBTV Walk/Bike? Policy? 16. Reduce requirements for in-street crosswalk signs Motor Policy DPW currently requires a resident to volunteer to monitor Vehicles and and remove/install in-street crosswalk signs in order for Traffic them to be used 17. Fire code & 24' minimum clearance Fire Code Unclear No mention of a minimum clear width found in VT Fire Code or in Burlington ordinance. Clarification needed as to whether this is a regulation we are adhering to or an informal policy. Burlington has adopted the National Fire Prevention Code (NFPA). The current (2021) edition says: Fire apparatus roads shall have an unobstructed width of not less than 20 ft (6.1m) (18.2.3.5.1.1). Unclear why we are requiring an additional 4' of clearance in Burlington. Burlington Walk Bike Council (BWBC) February 1, 2023 Meeting Notes The monthly meeting took place 6:00- 7:30 pm via Zoom and at the DPW Office. In-Person Attendees: Erik Brotz - Chair (Ward 5), Jak Tiano, Ryan Thornton, Bob Leidy, Grey Johnson, Ravi Venkataraman and Julia Ursaki from DPW. Online Attendees: Faith Ingulsrud (Ward 6), Dan Castrigano, Mary Manghis, Jonathan Weber (Local Motion), Jason Stuffle (Ward 1), Gordon Dragoon, Serrill Flash, Jason Segelman. A recording of the meeting is available here. 1. Introductions, Announcements and Public Comments Erik Brotz opened the meeting. Participants introduced themselves and some made the following announcements and comments: ● Erik will forward an announcement about a 2/15 Public Works Commission meeting on removing the on-street parking on North Winooski Ave to allow for a continuation of the bike lane. It’s important to have supporters there as there are still objectors who could influence the decision. ● Discussed the observation that unlike other cities, many of Burlington’s main corridors still have on-street parking and the adjoining neighborhood streets often have residents only parking so it’s hard to get the parking removed on the corridor streets. Removing the exclusive resident parking on side streets would allow for parking to be taken off the main streets. ● Public Works Commission has to vote to take parking off the main roads - they hold the decision. ● Following up on discussion from last month, Jason Stuffle reported that that he entered a SeeClickFix (SCF) for flashing lights on Colchester Ave at night to be reprogrammed to green on the main road and red on the side road with sensors/crosswalks giving right of way to side streets and pedestrians. 2. Discussion on Possible Updates to City Ordinances Affecting Walking and Biking Erik led a discussion of possible Policy/Ordinance updates using a presentation accompanying these meeting notes. With 17 items, there will need to be a discussion about priorities - which to address in the short term and those to address later. 1. Pedestrian prioritization at traffic signals 2. Automatic pedestrian cycle at high use signalized intersection ● Julia explained that the city is already installing new signals with pedestrian priority but not all old signals can be upgraded. ● Serrill mentioned that these first two items seem like the highest priority on the list ● Participants requested information about how many of the signals in the city are so old that they can’t be reprogrammed to provide Pedestrian priority. ● Julia said that decisions to replace old signals are made based on circumstances and context such as the concentration of older people in the area. ● Jason St. expressed concern about this approach as people who can’t cross quickly may be walking anywhere in the city. ● Participants listed some of the crosswalks that don’t allow enough time for pedestrians to cross: ○ Riverside Ave Path to Col Ave ○ Battery and College ○ Main St, East Ave, East Terrace, Spear ○ Catamount Lane, East Ave ○ Edmonds school RFB crosswalk ● Jason said he would send DPW a list of all those he is aware of. ● Driver speeds need to be reduced. ● In Burlington bicyclists are allowed to use the crosswalk on a green pedestrian light. ● Look at Main St. for future meeting - impact of bike/ped bridge and ensuring there are connections into the city. Julia mentioned there is VTRANS study on connections with the bridge starting up soon. 3. Idaho Stop - allows bicyclists to treat stop signs as yield signs. There’s some question of whether State law would allow municipalities to adopt this. Participants mentioned that they already do this when riding. 4. No right on red - discussed whether it would be practical to enact and enforce citywide. Signs would be necessary at every intersection. 5. Remove potentially problematic aspects of pedestrian ordinance - these include the types of provisions that prohibit jaywalking. Overall participants expressed support for this but discussion included the following points: ● Don’t spend a lot energy on the ordinances - focus on more physical structural changes that change behavior rather than legal wording that won’t do much ● ACTION - Provide a list to the city council ordinance committee and see how they feel ● Removing these provisions might seem merely symbolic since it’s not likely anyone has been fined recently. But you never know what the future will bring. Get rid of the rules that don’t make sense before they get enforced inappropriately. ● Removing these rules could be easy wins. Particularly #5 and #12. ● Clear up ordinance to a readable amount of actual useful information. Make it clear and concise ● Might seem symbolic but it’s important to remove the way the rules favor driving over other modes 6. Local complete streets policy - there is a state complete streets policy but Burlington could have stronger wording in its policy and make it apply to all projects. For example a policy could dictate a certain time response for a pedestrian at an intersection. ● “Traffic stress” in the complete streets context is a measure only for bicycles. Does not consider the speed of traffic next to pedestrians (i.e Winooski Bridge). ● Need to update traffic study methods in Burlington to include more multimodal criteria and emphasis and not just use the state traffic study criteria. ● Consider adding a policy around maximum delay for pedestrians ● State policy part of Act 250 process; local review is through Design Review Board - easier to change 7. Update/strengthen bike parking ordinance - this would apply to new development or changes in use and needs to be updated both for the thresholds when bike parking provisions are triggered and for the ratios of parking required. Current ordinance results in inadequate bike parking facilities. 8. Prevent sump pumps from discharging water onto sidewalks and streets - due to the ice that forms on sidewalks and bike paths from the water discharged by sump pumps. Often the driveways on a property also become a conduit for water. Not clear what the best solution might be. 9. Reduce barriers to neighborhood street closures - Make it easier to close neighborhood streets for single day events, and to allow larger events like OpenStreets more often. 10. Neighborhood-wide resident-only parking - by eliminating this provision we could remove a barrier to parking removal on corridor streets, and it would help achieve higher parking utilization on side streets. Participants noted that the items 11-15 were low hanging fruit with changes that could easily be presented to the city council for consideration (see discussion under #5): 11. Updating Article I definitions to align with state definitions and regulations of e-bikes 12. Riding abreast prohibition 13. Dissemination of information 14. Impounding of bicycles 15. Coasting/sliding restricted 16. Reduce requirements for in-street crosswalk signs - there was little or no discussion on this item. 17. Fire code & 24' minimum clearance - Jonathan noted that Burlington requires road widths for fire lanes to be 4’ wider than is required in the Fire Code. Julia responded that fire trucks need clearance to extend their outriggers when stabilizing to about 16 feet wide. Fire trucks are 8 to 9 feet wide - get actual max vehicle size. Other questions were raised about a possible difference between lane width and clear zone, and requirements for arterials vs. other streets. Erik asked about where we go from here with deciding which policy changes to address. Participants discussed the need to classify these 17 items into categories. Also consider how much work and time it will take to pursue the items? How likely are they to succeed? Make sure the proposed changes in the pedestrian and bike ordinances are agreed upon before sending them to the city. 3. Next Steps The Coordinating Committee will take the input from this meeting and further categorize the items, obtain more information, and survey or set up a way to prioritize the items. They will also draft a proposal for the “simple ordinance changes” before the next meeting. Gordon and Jak offered to help. In response to a question about whether the regularly scheduled BWBC meetings should start at 5:30 PM instead of 6:00, there were no objections to changing the start time. Erik closed the meeting shortly after 7:30 PM.