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HomeMy WebLinkAboutCS Bike Loop Project, ... D Regular Item CJ Consent Item D Statutory Item Item Submitted By: For Council Meeting Of: Director Approval: City Manager Approval: Brett McCully. Assistant City Engineer April 9. 1998 Item: Presentation, discussion, and Council direction regarding the need to remove on-street parking from sections of Anderson Drive, George Bush Drive, Central Park Lane, and Colgate Drive to enable the College Station Bike Loop Project to install on- street bike lanes. Item Summary: As part of the College Station Bike Loop Project, several streets are provided with bike lanes. Three of these streets, Walton Drive, Central Park Lane (south of Southwest Parkway) and Krenek Tap Road, already have bike lanes and prohibited parking. Several other streets: George Bush Drive East, Holleman Drive, and to some extent George Bush Drive already have parking prohibited which will allow the inclusion of new lanes with minimal problems. However four stretches of street identified in the plan currently have on-street parking which will need to be removed in order to provide the bike lanes included in the overall project. These street sections are: A George Bush Dr., north side along the T AMU golf course B. Colgate Dr., both sides between Wolf Pen Creek Park and Central Park Lane C. Central Park Lane, both sides, between Colgate Dr. and Southwest Parkway D. Anderson Drive, west side between George Bush Drive and Park Place and both sides between Park Place and Lemontree Park Staff feels that there are three viable options. The first is to leave the street as is, and sign the section as only a bike route. This differs from the plan approved by TXDOT, and twice by the City Council. This option may either require enhancements of other areas to achieve the bike loop intent, or possibly cause a partial loss of matching funding. The second option is to remove the parking and install bike lanes. This option would meet the bike loop plan, be in agreement with earlier approvals, but would cause current parking to be moved to other streets or on-site locations. The third option is a hybrid of the two former alternatives, in that bike lanes be installed, with ordinance o:/group/psc/engineer/cvsht/bkpark.doc "' allowance that parking be allowed in the bike lanes during specific periods of time. This option does not fully meet the requirements of either bicyclists or motorists, but can serve as a meaningful arrangement if the time periods are carefully selected. Policy Issue Statement: #1 Transportation I Mobility. Citizens benefit from the ability to move into, within, and out of College Station in a safe and efficient manner. #3 Health and Public Safety. Citizens benefit from available health and human services and a reasonably safe environment. Item Background: The College Station Bike Loop is a joint project between the City of College Station and the Texas Department of Transportation. The project was selected for funding in April of 1994 under the Texas Statewide Transportation Enhancements Program. The enhancements program is part of the lntermodal Surface Transportation and Efficiency Act of 1991 better known as ISTEA The City of College Station and TXDOT are under agreement for the development and construction of the bike loop. The City Council approved the Bike Loop Plan showing bike lanes on these streets in 1994, and approved the preliminary design report showing bike lanes on these streets in May of 1997. This issue is being brought back at Council's request to review all instances where on-street parking is being removed for bike lanes as part of the Bikeway Master Plan. Budgetary and Financial Summary: Should bike routes be selected, there may be a negative impact in funding from TXDOT if it is determined that the routes do not meet the intent of the Bike Loop Plan as presented for the grant, however it is impossible to determine the actual financial impact at this time. Should the hybrid lanes be chosen, there may be a negative impact in funding from TXDOT if the required design variance is not granted, however this impact is also impossible to predict at this time. Should parking be removed from the streets, all capital expenses of bike lane installation would be born by the Bike Loop Project, though enforcement of the no parking restrictions will require additional Law Enforcement Staff efforts. City Attorney Recommendation/Comments: (Please complete) Staff Recommendation: For George Bush Drive, Staff recommends the removal of the parking currently allowed for the installation of on-street bike lanes. Safety considerations on this street would prohibit any other combination of auto and bicycle uses. Representatives of both TAMU and TXDOT support this change as a cooperative means of replacing the outdated and potentially hazardous 2-way bike lanes with one way lanes to meet current design practices. For Colgate Drive, Staff recommends the removal of parking for the installation of on- street bike lanes. The parking currently experienced in this area is due to the Wolf Pen Park Amphitheater events, which will still be allowed to park on Colgate in both directions outside of the bike lane zone. The adjacent apartment residents do not park in this area because it is too long a climb up the hill to the buildings. o:/group/psc/engineer/cvshUbkpark.doc . ··········1··~··•·h '··•••hh••••••••••h••···················•h Br~tt,f .iicc;1.:111y .~ .. E3kpart,c1oc ... For Central Park Lane, Staff recommends the removal of parking for the installation of on-street bike lanes. Observation of this area indicates that there adequate parking spaces provided onsite of both surrounding apartment complexes and the professional office building. It appears that the parking is occurring to leave vehicles visible from the units and/or closer to the units doors. For Anderson Drive, Staff recommends the hybrid option of the removal of parking to allow bike lanes, with the exception that the no parking restriction on both sides of the street between Holleman Drive and Park Place would be limited. For this section, Staff recommends that parking be prohibited on weekdays from 6:00 AM to 5:00 PM, but allowed at all other times. This modification is to allow the evening and weekend users of Anderson Park the ability to park near the facility since parking is already prohibited on Holleman Drive, and there is insufficient parking onsite. Should Council accept this recommendation, Ordinance Amendments will be required to allow this hybrid option, and will be presented at this sarrie meeting following the consideration of this item. Council Action Options: 1. Approve Staff Recommendations 2. Provide Staff direction to pursue a different presented option 3. Provide Staff direction to pursue new options as determined by Council. Supporting Materials: 1. Map Exhibit 2. Letter from T AMU supporting George Bush Recommendation 3. Letter from TXDOT supporting George Bush Recommendation o:/group/psc/eng ineer/cvshUbkpark. doc CITY OF BRYAN @I ClTY or COllEGE STATION COLLEGE STATION BIKE LOOP PRELIMINARY Statewide Transportation Enhancement Program Leg end: Areas Proposed for Removal of On-Street Parking Location Map ... GEROGE BUSH DRIVE Removal of On-Street Parking For Bike Lanes • • Existing No Par1dng Area -Area of On-Street Parldng to be removed .. City of College Station, Texas COLLEGE STATION BIKE LOOP ANDERSON DRIVE Removal of On -Street Parking For Bike Loop LEGENl: • • • Exlsllng No Parking Asee -Nee r:I On-Street Paridng lo be removed College Station, Texas COLLEGE STATION BIKE LOOP LEGEND: • • Existing No Parking Area -Area of On-Street Parking to be removed CENTRAL PARK LANE/COLGATE DRIVE Removal of On-Street Parking For Bike Loop H E .. City of College Station, Texas I COLLEGE STATION BIKE LOOP ... TEXAS A&M UNIVERSITY Department of Parking, Traffic and Transportation Mr. Edwin N. Hard, AICP Transportation Planner City of College Station P.O. Box 9960 College Station, Texas 77842 Dear Ed: March 26, 1998 I am pleased to offer this letter of support for your efforts to install bicycle lanes on George Bush Drive adjacent to the campus of Texas A&M University. As you are aware, we have installed a. bicycle lane system on our campus streets. Bicycle lanes adjacent to our campus will allow faculty, staff and students who bike to campus daily, a safe interface with our on-campus bike lane system . Please let me know if I can assist further with this project. Sincerely, (kclvtl\M AAJ.Ltwvv Thomas G. Williams, P.E. Director · cc: Dr. Jerry Gaston, Vice President for Administration ADMINISTRATION • 117 Koldus Building • College Station, Texas 77843-1250 • (409) 845-9700; FAX (409) 847-8685 ~J/19 /98 08:49 fi409 778 9708 BRYAN AREA OFF .· :.·._.:·_. .. ......... . ·.··.· ># fJias Department of Transportation ? . 1300 N. TEXAS AVE. • BRYAN, TEXAS 77803-2760 • (409) 778·2165 .::. _ .. , :. ··,· . ~ : : Mr. EdWin Hard · Transportation Planner City of cOllege Station P. 0. Box 9960 · College Station, Texas 77842 Dear Mr. Hard: March 16, 1998 TxDOT supports the removal of on-street parking on George Bush Drive between Wellborn Road (I:'M 2154) and Texas.Avenue (BS 6-R). This removal will -allow the City to stripe for.bicycle lanes on each side of the roadway making them one-way facilities carrying bike traffic in the same direction as adjacent motor vehicle traffic. These one-way facilities would meet TxDOT"s adopted AASHTO's Guide for the Development of Bicycle Facilities where the current. two-way facilities do not. CWH/ep Sincerely, ~bJ.~;,fG. 9Patrick T. Williams, P.E. Area Engineer Bryan District 141001 Engineering College Station Bike On-Street Parking Removal for Bike Lanes 4/8/98 Streets -----....... e George Bush Drive from Texa Well born Road e Central Park Lane from Southwest P to Colgate Drive e Colgate Drive from Central Park Lane to Wolf Pen Creek Park e Anderson Drive from George Bush Drive t Lemontree Park Engineering 4/8/98 istory e Bike Loop Conceptual Plan ap ed by City Council in October, 1993 e Bike Loop Preliminary Plan approve City Council in May, 1997 e Both of these approved plans show on-st bike lanes on the affected streets Engineering 4/8/98 George h Drive e Existing bike lanes considered ntially hazardous e Parking removal supported by TXD e Parking removal supported by T AMU Engineering 4/8/98 ta endation e Remove existing parking to al lanes Engineering 4/8/98 c e Adjacent land uses -apartments k Lane -office building !;,, co.,, .. ,,,_,-.,_,,,._{-<., e On-street parking L); ~ Qic~ e Off-street parkin available ~ Ip~~ ~~f ~ ' . -- -Key connection between parks ~ Engineering 4/8/98 endation e Remove existing parking to al lanes Engineering 4/8/98 e Adjacent land uses -Apartments -Wolf Pen Creek Park e Current parking from park users e Only small portion of parking to be removed Engineering 4/8/98 endation e Remove existing parking to al lanes Engineering 4/8/98 e Adjacent land uses -Residential -Commercial -Institutional -Park Drive e Three sections in different situations Engineering 4/8/98 k Place e Existing parking from WolfR Ov~~ ff f;v Wo IP /lr1.-1 e . c parking vallowed in CSISD lot across street Engineering 4/8/98 e Remove existing parking to al lanes Engineering 4/8/98 e Only sporadic on-street parkin Engineering 4/8/98 e Remove existing parking to al lanes Engineering 4/8/98 e Significant overflow parking fr Bible church e Significant parking from Anderson P users e Moderate overflow parking from Apartments Engineering 4/8/98 ve • e Remove parking to allow bike e Conditionally allow parking in biK Ordinance at the following times: -Weekends eAll day -Weekdays 5tJM' ) • Midnight to 6AM . .-SP-M-to-Mi-dni ght Engineering 4/8/98 on ' c,.,,. u e Hybrid solution to allow acces uses e Currently used in Austin on case by basis e Execution of this recommendation contingent on Agenda Item 7b Engineering 4/8/98 e Remove existing parking on a streets e Approve following Ordinance revisio allow limited parking on Anderson Dri from Park Place to Holleman Drive. Engineering 4/8/98 .. ------- College Station Bike Questions and Discussion Engineering 4/8/98 GEORGE BUSH DRIVE .. City of College Station, Texas For Bike Lanes I COLLEGE STATION BIKE LOOP Removal of On -Street Parking REC£JV£D JU L 5 1996 4001 E. 29th Street, Suite 170-B, Bryan, Texas 77802 To: From: Subject: Date: MEMORANDUM Bryan/College Station Urban Transportation Study Technical Committee Stephen A. Cook BCSMPO Planning Intern Intersection Bicycle and Pedestrian Counts July 3, 1996 In October of 1995, the Bryan-College Station Metropolitan Planning Organization contracted with the student chapter of the Institute of Transportation Engineers at Texas A&M University to conduct a series of turning movements and volume counts of various intersections in the area. In addition to vehicular movement, eighteen ( 18) of the twenty-four (24) intersections also had pedestrian and bicycle movements observed. The attached two charts and maps relate some of the findings of these observations. The totals for each intersection are the sum of all total movement within the intersection observed during three peak periods. Peak Periods observed: Morning: 7:00 -9:00am Noon: 11 :OOam -1 :OOpm Evening 4:00 -6:00pm For some intersections only morning and evening periods were observed, others included solely the noon period. As an example, the total bicycle movement represented at the George Bush/Houston St. intersection consists of a count of 61 for the morning period, 81 for the noon period, and 112 for the evening period for a total of 254. Other intersections have only one observation that makes up the total. For specific distribution of totals throughout all periods please consult Bryan/College Station Intersection Traffic, Pedestrian and Bicycle Counts: !TE Project #95-6 December, 1995 available from the MPO. The maps and charts visually represent a significant amount of pedestrian and bicycle movements through these intersections during the nine hours that were observed. fax (409)260-5225 phone (409)260-5298 E.29th St./Br1arcrest Dr. E.2Qth St.ITexas Ave. FM 2818/Welsh Dr. George Bush Dr./Anderson St. George Bush Dr ./Blzzell St. George Bush Dr./Houston St. George Bush Dr./Texas Ave. (/J ~ George Bush Dr./Throckmorton st. 0 Ill .§ ~ Ill ... ~ Harvey Rd./Dartmouth St. Texas Ave./New Main St. University Dr ./Avenue D University Dr./CoUege Main St. University Dr./Nagle St. University Dr./SperlCe St. Wellborn Rd./Joe Routt St. Wellborn Rd./Maln St. Wellborn Rd./Southwest Pkwy. Wiiiiam J. Bryan Pkway.ITexas Ave. ITECOUNT.WK4 J 1ntersection Bicycle Volume Counts I Number of Bicycles 100 200 300 400 07/03/96 Ranged Intersection Bicycle Volumes Bryan/College Station, TX Bryan College Station Metropolitan Planning Organization July 1996 1c11eeys1 .J .2 .4 .6 / Legend -Loce!Streets Collector&: Functional Classification -Minor Arterial: Functional Cl.assi..ficati.on -Pnnary Arterial: Fl.UlCtional Classification Bicycle Volume Ranges • 2 to 46 e 175 to 21 7 • 45 to 87 e 21 8 to 260 88 to 1 31 • 261 to 304 1 32 to 174 • 305 > E 2iltl St/Bntrcrest Dr E20lhSllftxasAve FM2818/INlll!t'I Dr George Bush Dr /Andersol'l St George Bush Dr /Houston st r.n ~ George Bush DrlTlYocktnorton St 'O Ill ~ ~ Ill ... .!! .5 Harley Rd.ID.-1mOIAt'I St Texes Ave /New Mein St Untverslty Dr IColege Mein st \.k'Vversily Or /Spence st Welborn Rd /Joe ROI.JI St Wel)om Rd.IMein Sl Welborn Rd ISCl'.ihwest Pkwy Wlwn J Bryen Pkwey /Texas Ave ITECOUNT.WK4 Intersection Pedestrian Volume Counts Number of Pedestrians 200 '"' 000 800 1000 1200 1'00 07/03/96 Ranged Intersection Pedestrian Volumes College Station, TX Bryan/College Station Metropolitan Planning Organization July 1996 Miles / Legend -Local Streets • Collectors: Fwictional Classification • -Minor Arterial: Fwictional Classification • -Prrnary Arterial: Fwictional Classification -Highway Arterial: Fwictional Classification Pedestrian Volume Ranges 0 to 165 e 666 to 831 166 to 332 e 832 to 997 333 to 498 • 998 to 1164 499 to 665 . 1165> / . . !]] Regular Item D Consent Item D Statutory Item Item Submitted By: For Council Meeting Of: Director Approval: City Manager Approval: Ed Hard. Transportation Planner April 9. 1998 Item: Consideration of amendments to the City's Bikeway Ordinance and Traffic Code to allow parking in a bike lane on a limited basis during specified times and to allow parking on a limited basis in the proposed bike lanes on Anderson Drive between Park Place and Holleman Drive. Item Summary: This item is a follow-up to the previous item on the Bike Loop. If Council approves staffs recommendation to allow parking in a portion of the proposed bike lane on Anderson on a limited basis, then these ordinance amendments will be needed in order to change the city's code to allow parking in a bike lane on a limited basis and to establish such times for Anderson Street. Parking in a bike lane is currently prohibited by city ordinance. The item amends Chapter 9, Section 8-N of the City's Bikeway Ordinance and Chapter 10, Section's 2-G and 4 of the City's Traffic Code. It establishes that parking will be permitted in the proposed bike lanes for the section of Anderson Drive between Park Place and Holleman Drive for the limited time period of 5:00 PM to 6:00 AM and on weekends. This will allow evening and weekend users of Anderson Park and the adjacent church the ability to continue to park on the street since there is insufficient parking on-site at both of these facilities Policy Issue Statement: #1 Transportation/Mobility. Citizens benefit from the ability to move into, within, and out of College Station in a safe and efficient manner. #3 Health and Public Safety. Citizens benefit from available health and human services and a reasonably safe environment. Item Background: Parking in bike lanes has been a long standing problem. These ordinance amendments will make it possible for the City to permit parking .. in a specific segment of a bike lane for a limited time period. It is intended to be used on a limited basis and applied to isolated recurring problem areas. Streets with bike lanes adjacent to public parks and churches are where this problem most commonly occurs. Budgetary and Financial Summary: The cost and installation of the signs will be paid out of the Anderson Street Widening Project and/or the Bike Loop Project. Sign cost and installation is estimated at $800. Staff Recommendation: Staff recommends approval of the ordinance amendments. Related Advisory Board Recommendation: The Planning and Zoning Commission unanimously approved of parking in bike lanes on a limited basis during specific times in August of 1996. However, this item was subsequently denied by the Council on a 2-3 vote. City Attorney Recommendations/Comments: This item has been reviewed by the City's Legal Department. They indicate that the City can set aside certain times when vehicles can park in bike lanes. Where parking in bike lanes is to be permitted, signs will be installed to make bicyclist aware of the times when parking is allowed to occur. Council Action Options: Council options are adoption as presented, adoption with revisions, tabling, or non-adoption. Supporting Materials: 1. Copy of proposed ordinance amendments. 2. Map showing limited parking section on Anderson. 2. Minutes from previous P&Z and Council Meetings on this item. 3. Memo from CS Police Department. t N 0 T T 0 s c A L E Area where Parking in Bike Lones Allowed on Weekends ond on Weekdays form 5 PM to 6 AM. ~ Bike Lanes CASE INFORMATION: ORDINANCE AMENDMENT: To allow parking in a bike lane on a limited basis during specified times IJM@!f!fl§©!I !Rl/J!jj@/~ Jl!)JL/ b ANDEfiSOi AT/-ILETIC PARK ~r City of College Sta.lion, Texas ~ PLANNING DIVISION CASE NUMBER: REQUEST: City Council 4/9/98 ORDINANCE AMENDMENT ORDINANCE NO. _____ _ AN ORDINANCE AMENDING CHAPTER 10, "TRAFFIC CODE", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 10, "Traffic Code", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A'', attached hereto and made a part of this ordinance for all purposes. PART2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25 .00) nor more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its publication in the newspaper, as provided by Section 3 5 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this ___ day of April, 1998. ATTEST: CONNIE HOOKS, City Secretary js\c:\windows\winword\ordinan\btlcepark.doc 412198 APPROVED: LYNN McILHANEY, Mayor Cl/ (O, ~/R._ C.r-i!-t: <;-t_ch·l;--I -41-cthM-,,{' (J,._,~~ Avf- ORDINANCE No. ~fRl.-C. .... /v" I f.kv1Le; Amend Chapter 10, Section 2-G, by adding a new subsection (3) to read as follows: "(3) Parking is not permitted in a bike lane unless otherwise designated in Chapter 10, Section 4.E of this Code of Ordinances." PAGE2 That Chapter 10, Section 4, is hereby amended by adding a new subsection E to read as follows: "E. PARKING IN BIKE LANES The City hereby designates certain sections of streets where parking is permitted in a bike lane on a limited basis during specified times: (1) Anderson Street from Park Place to Holleman Drive, weekdays from 5:00 p.m. to 6:00 a.m. and on weekends." (I. ) Tt,..._._ Cc~ ... -. c).e!><r~J r.·f.r..Lll-£ vJ ~ "4 ~ f*>h1b, fe.1 (z') ·4t fUJrv..J, ' .. aj lt._ Iv~ I~ s/y-AJ-<,.j~ '( h J ~/.>4 t k. k/ "St V,A. [{ ~ '(, js\c:\windows\winword\ordinan\bikepark.doc 412198 ORDINANCE NO. ____ _ AN ORDINANCE AMENDING CHAPTER 9, "SUBDIVISIONS", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 9, "Subdivisions'', of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its publication in the newspaper, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this ___ day of April, 1998. ATTEST: CONNIE HOOKS, City Secretary js\c:\windows\winword\ordinan\bike.doc 412198 APPROVED: LYNN McILHANEY, Mayor ORDINANCE NO. ______ _ EXHIBIT "A" That Chapter 9, Section 8-N.2(2), is hereby amended to read as follows : 8-N.2 Types of Bikeways PAGE2 "(2) Bike Lane, a facility where part of the roadway or shoulder is striped, signed, and marked for exclusive or preferential bicycle use and where vehicle parking is not permitted, unless otherwise specified; and." That Chapter 9, Section 8-N.4(2), is hereby amended to read as follows: 8-N.4 Geometric Design Criteria (2) Bike Lanes The bike lane is located within the vehicular roadway in the outside lane and is intended for the exclusive use of bicycles. Bike lanes in the City of College Station must be developed as one-way facilities and carry traffic in the same direction as adjacent motor vehicle traffic. Two-way bike lanes are not permitted because: (i) (ii) (iii) They require unconventional turns at intersections. They are conducive for bicyclists having to go the "wrong way" and to weave across traffic to bike in the proper lane. They require that bicyclists travel in a direction opposite the adja- cent auto lane. Typical bike lane design and layout is illustrated in Figure 2. A one-way bike lane against the curb requires a minimum of 5 feet measured from the edge of pavement, not including the gutter. The bike lane shall be deline- ated by a continuous painted stripe. The diamond preferential lane symbol (as designated in MUTCD) shall be located immediately after each inter- section to inform motorists turning of the restricted nature of the lane. At intersections, bicyclists proceeding straight and motorists turning right must cross paths. Striping and signing configurations which encourage these crossings in advance of the intersection, in a merging fashion, shall be preferred to those that force the crossing in the immediate vicinity of the intersection. Typical treatment of bike lanes at intersections is illustrated in Figures 3 and 4. js\c:\windows\winworcfiordinan\bilce.doc 412198 ORDINANCE NO. PAGE3 -------- Adequate pavement surface, bicycles safe grate inlets, safe railroad cross- ings, and traffic signals responsive to the bicyclist shall be provided on roadways where bike lanes are designated. Raised pavement markings and raised barriers can cause steering difficulties for bicyclists and should not be used to delineate bike lanes. In general, parking in bike lanes is prohibited. However, parking may be permitted in a bike lane in specific areas during specified times. Where parking in a bike lane is permitted, signs shall be installed to provide notice to bicyclists of when parking is allowed. Parking in a bike lane shall be limited primarily to spillover parking for public uses or events, but parking for non-public uses may also be considered." js\c:\windows\winworcl\ordinan\bike.doc 412198 .. Senior Planner Kuenzel stated that other uses, such as restaurants that serve alcoho~ would still be pennitted. Other things that the City could do include the following: (1) State that the Commission would only issue a conditional use pennit for restaurant if the site meets the minimum requirements for parking, or give the applicant the option of proving that the increase will not create a parking problem. (2) State that a conditional use pennit would be issued under the condition that the site be monitored for clean-up. (3) Impose a minimum distance that the restaurant must be located from a residential structure. Senior Planner McCully stated that in addition to the optional conditions listed above, an applicant for any conditional use permit would also have the responsibility to prove to the Commission that the standards for a conditional use permit have been met. Sta.ff has also researched the maximum square footage proposed and recommends that the maximum square footage be 1500 square feet instead of the proposed 2500 square feet. This smaller square footage meets the intent of the ordinance amendment. Andrew Bernstein, the owner of Post Oak Square and Post Oak Village, approached the Commission and stated that there are several tenants that he had in mind that create the need for the ordinance amendment. Such uses include a tenant wanting to serve coffee to its customers, an ice cream parlor, an establishment that would like to provide tables and chairs for their clients as well as a donut shop that is currently not allowed to have a few tables and chairs in a C-3 zoning district. The intent of the ordinance amendment appears to accommodate a more "family" type of entertainment instead of allowing restaurant type uses. Commissioner Garner moved to recommend approval of the Zoning Ordinance Amendment pertaining to the C-3 Planned Commercial zoning district with the square footage being limited to 1500 square feet versus the proposed 2500 square feet and to include the redefinition of a night club to include the 75% sales rule with the understanding that a nightclub will not be allowed as a permitted use in a C-3 zoning district. Commissioner Parker seconded the motion which passed unopposed (5 -0). AGENDA rrEM NO. 9: Consideration of an amendment to the Code of Ordinances, City of College Station, Texas, and specifically to that section referred to as the "Bikeway Ordinance" to modify parking regulations. (96-812) Transportation Planner Hard informed the Commission that parking in a bike lane is currently prohibited by city ordinance. This item is an amendment to the city's bikeway ordinance to allow parking in a bike lane in certain areas during specified "off peak" times. It will not allow parking, in general, to occur in all bike lanes in the city. It is only intended to be used on a limited basis and applied to recurring problem areas. Where parking in a bike lane is pennitted, signs will be installed to make bicyclists aware of times when parking is allowed to occur. Parking in bike lanes has been a long standing problem. On- street parking and bike lanes are in direct competition for the curb space on the street. Streets with bike lanes adjacent to public parks and churches are where this problem most commonly occurs. The section of Holleman Drive adjacent to Anderson Park and the section of Krenek Tap Road adjacent to Central Park are frequent prc:)blem areas. P&Z Minutes August l , 1996 Page 7ofl0 '. Transportation Planner Hard stated that this issue has also been reviewed by the City's legal department. They indicate that the City can set aside certain times when vehicles can park in bike lanes, but that the City has a legal duty to warn cyclists of the change. lbis amendment could be viewed as a compromise solution between the need for on-street parking and the desire for bike lanes. The City's Parks and Police Departments are in favor of this change. Chairman Hawthorne stated that he has a real problem with changing the ordinance to allow parking within bike lanes. It appears that when parking is needed in these areas, people are also riding their bikes. He stated that the City should reassess the goals of bike ways before making such a change in the ordinance. Commissioner Lightfoot stated that he understands the need for bike lanes; however, he also respects the needs of the City and the Police department. . The proposed ordinance would allow the City the flexibility to regulate the times at which parking could or could not occur within bike lanes. It does not mean that parking will be allowed in bike lanes throughout the City; however, it allows the City to use its discretion when they feel the parking is needed. Commissioner Gamer moved to recommend approval of the proposed ordinance amendment. Commissioner Massey seconded the motion which passed unopposed (5 -0). AGENDA ITEM NO. 10: Discussion of the Mobile Home Park Ordinance and Section 7 of the Zoning Ordinance. (96-804) Planning Intern Evans informed the Commission that very recent additions to the Texas Manufactured Housing Act have rendered the city's regulations pertaining to mobile homes void. The act defines mobile homes separately from manufactured homes and has separate provisions for both. A municipality cannot change the definitions. Essentially, a "mobile home" is any transportable structure built before June of 1976, built on a chassis, is at least 8' X 40', and can be used with or without a pennanent foundation. A "HUD-code manufactured home" is any transportable structure built after 1976, is at least 8' X 40', and is either with or without a permanent foundation. The problems with our current regulations are that we do not have provisions for a manufactured home, and have in the interim had to allow several in R-1 zoned areas because the manufactured home is not distinguishable from the single family home as our ordinances currently read. As staff understands it, here's what a city can and cannot do: (1) A city can completely ban any additional mobile homes in the city. Preexisting mobile homes are grandfathered. (2) A city must allow HUD-code manufactured homes in a city. (3) A city can regulate the location of HUD-code manufactured housing. ( 4) A city may require a permit for the use. and occupancy of a HUD-code manufactured home, which is automatically approved within 45 days unless the city denies the permit in writing. P&Z Minutes August 1, 1996 PageBo/10 Regular 8/29/96 Page 7 Staff recommended approval of the permit with the following conditions: 1. That access is not taken from Raymond Statzer Parkway 2. The applicant must meet all landscaping requirements established by council or staff 3. Modification to paragraph 2 about access point regarding pavement. Extension discussion was held on the access location to the well site. Mayor Mcllhaney opened the public hearing. Ernest Bruchez, attorney for the applicant, came forward. He requested approval of the permit conditioned upon a resolution at the staff level of the access point and UPRC shall submit a tree survey and drainage plan. Sherry Ellison, 2705 Brookway Drive, came forward to speak on the access location. She noted the necessary access for emergencies. Mayor Mcllhaney closed the public hearing. Councilman Birdwell made a motion to grant the permit with the understanding that staff work with applicant and TAMU toward a safe access and that UPRC submit a tree study and landscaping plan for adequate screening. Councilman Fox seconded the motion which carried unanimously, 5-0. Agenda Item No. 6i --Consider ordinance amending the city's bikeway ordinance to allow parking in a bike lane on a limited basis during specific off peak times. Ed Hard, Transportation Planner, explained the proposed amendment. Parking in bike lanes has been a problem in the past. The amendment would make it possible for the City to allow parking in a specified segment of a bike lane for a limited time period. Mayor Mcllhaney opened the floor for public comment. Willie Allen, 8706 Driftwood, representing the Brazos Valley Cyclists explained that he would not be in favor of the proposed ordinance because the bicyclists in the community would utilize the bike lanes at the limited off peak times designated on Krenek Tap Road and a section of Holleman adjacent to Anderson Park. Regular 8129196 Page 8 Dave Haverland of 8600 Walnut Bend, pres. of soccer club, presented several reasons why the parking is necessary along Holleman and Anderson. Maurice Jacob, 500 Woodson in Bryan, spoke against the proposed ordinance. He agreed to work with the Soccer Club to attempt a compromise for both groups on these issues. Steve Aldrich, 8204 Butler Ridge, of the College Station Soccer Club, also noted that compromises are a possibility. He recommended a resolution to the parking problem by urging the council to move as fast as possible on the acquisition of parkland as part of the capital improvements budget in the last bond election. issue. Mr. Aldrich sought council approval of the proposed ordinance. Sherry Ellison of 2705 Brookway Drive asked council to consider other areas of the city that parking may be an issue as well. Gerald Smith of 806 Yegua in Bryan and owner of Home Brewery Supply came forward. He noted the events held at Central Park and the parked traffic along Krenek Tap Road. He supported the ordinance as presented. Councilman Birdwell moved approval of the ordinance amendment. Councilman Mariott seconded the motion. Mayor Protem Kennady made an amended motion to table the request at time to allow further discussion among the soccer club and cyclist's group to work toward a compromise. Councilman Fox seconded the amended motion. The amended motion failed 2-3: FOR: Kennady and Fox AGAINST: Mariott, Birdwell, Mcllhaney Further discussion was held. The original motion to adopt the ordinance failed 2-3. FOR: Birdwell and Mariott AGAINST: Fox, Kennady, Mcllhaney Agenda Item No. 6(j) --Consider resolution for sanitation rate revisions to decrease the minimum commercial collection fee for customers sharing a refuse container, establishes a daily roll off container rental rate and a roll off container delivery/set up charge. ' . . RECEIVED JAN 3 0 m; CITY OF COLLEGE STATION POLICE DEPARTMENT POST OFFICE BOX NSO 2S11...\ TEXAS AVENUE COLL£GE STATION. TEXAS 77642-9Q80 ('°9) 76"C·:l600 . MEMORANDUM TO: Tom Brymer, Assistant City Manager FROM: Ed Feldman, Chief of Police 7'~ DATE: January 29, 1996 SUBJECT: Parking --Holleman Drive As in the past, we are experiencing probl~s with soccer fans parking in the bicycle lane on Holleman Drive on Saturdays. This past Saturday the bicycle lanes were full of vehicles again. Our officers contacted as many people as they could and asked them to move their vehicles, which most of them did reluctantly comply. I am afraid the problem will continue! I talked to some of the involved citizens last year and advised them to seek permission to park on Saturdays during the soccer games. I would suggest that we deal with this do not feel this is a police issue. cc: Major Newton \ .. I LEGEND: • • Existing No Parking Area -Area of On-Street Parking to be removed CENTRAL PARK LANE/COLGATE DRIVE Removal of On-Street Parking For Bike Loop H E .. City of College Station, Texas COLLEGE STATION BIKE LOOP ANDERSON DRIVE Removal of On-Street Parking For Bike Loop ••• ~No~lv-. ... City of College Station, Texas COLLEGE STATION BIKE LOOP TO: FROM: RE: DATE: CITY OF COLLEGE STATION LEGAL DEPARTMENT POST OFFICE BOX 9960 1101 TEXAS AVENUE COLLEGE STATION, TEXAS 77842-9960 (409) 764-3507 MEMORANDUM Ed Hard, Transportation Planner Carla Robinson, Assistant City Attorney RFLA -Parking in a Bike Lane July 11, 1996 BACKGROUND: Your RFLA dated March 5, 1996, questions the City of College Station's authority to permit parking in designated bike lanes during off-peak times. This inquiry was spurred by a recurring problem when cars park in the bike lane on Holleman Drive during Saturday soccer games. ISSUES: 1) Are bike lanes considered a designated traffic lane? 2) Can the City legally permit parking in a bike lane during "off-peak" hours? 3) What potential liability does the City face if an accident were to occur as a result of vehicles parked in the bike lane? SHORT ANSWER: Designated bicycle lanes are not a separate traffic lane. As a home-rule municipality, College Station is authorized to set aside certain times in which vehicles can park in bike lanes. Because this is a discretionary act, the City should be immune from liability for damages or injuries proximately caused by permitting parking. But, because such a change could be considered a special defect, College Station has the legal duty to warn bicyclists of the change. DISCUSSION: Bike lanes are not considered designated travel lanes. After searching applicable statutes and common law I failed to find any language that defines a bike lane as a separate lane of traffic. The Code of Ordinances, City of College Station, Texas, defines a bike lane as "a facility where part of the roadway or shoulder is striped, signed, and marked for exclusive or preferential bicycle use rrw/c:/my-ag96/bikelane.doc Memo to Ed Hard July 11 , 1996 Page2 and where vehicle parking is not permitted." Chapter 9, Section 8-N.2(2). This language impliedly precludes a bike lane from being considered a separate travel lane. Further, the Texas Manual on Uniform Traffic Control Devices, adopted by City ordinance, defines a designated bicycle lane as "a portion of a roadway or shoulder which has been designated for use by bicyclists. It is distinguished from the portion of the roadway for motor vehicle traffic by a paint stripe, curb, or other similar device." Section 9A-3. This also fails to distinguish a bike lane as a separate lane of travel. College Station can permit parking in a bike lane during "off-peak" hours. The City of College Station is a home-rule municipality and, as such, has exclusive control over and under the public highways, streets and alleys of the municipality. TEX. TRANSPORTATION CODE §311.001 (Vernon 1996). Under this statutory language, the City has authority to designate part of a roadway as a bike lane and permit parking in the bike lanes during certain hours. The City's Code of Ordinances does, however, expressly prohibit the City from allowing parking in the bike lanes. The definition of a bike lane in Section 8-N.2(2) cited above, includes " ... where vehicle parking is not permitted." The general rule is that, to be valid, an ordinance must conform to and not conflict with state law, and this is true for traffic regulation. McQuillin Mun. §24.611 (3rd Ed.). The Manual on Uniform Traffic Control Devices and other applicable state law do not restrict parking in bike lanes. Therefore, an amendment to permit parking in a bike lane is permissible. College Station is immune from liability since creating both bike lanes and parking are discretionary acts. The City does, however, have a duty to warn bicyclists that cars may be parked in the lane. In general, municipalities are immune from liability under the doctrine of sovereign immunity. But the legislature has waived governmental immunity in the Tort Claims Act ("TCA"). TEX. CIV. PRAC. & REM. CODE §101.001 et. seq. Under the TCA, a governmental unit, including a city, is liable for damages arising from the operation and use of motor-driven vehicles or equipment or proximately caused by a condition or use of personal or real property. §101.021. Section 101.0215, added by the legislature in 1987, specifically concerns municipal liability under the TCA. A city is liable for damages arising from its governmental functions, defined as "those functions that are enjoined on a municipality by law and are given it by the state as part of the state's sovereignty, to be exercised by the municipality in the interest of the general public, including but not limited to ... street construction and design ... street maintenance ... regulation of traffic ... maintenance of traffic signals, signs and hazards." §101.0215(a)(3), (4), (21), (30). Once it is determined that a governmental function exists, further analysis is required to determine the municipality's potential liability. Simply determining that a function is governmental does not automatically result in a waiver of immunity. See McKinney v. City of Gainesville, 814 S.W.2d 862 (Tex. App. --Fort Worth 1991). In fact, immunity is not waived and, accordingly, a municipality is not liable if the listed governmental function falls within at least one of two statutory exemptions provided by TCA. rrw/c:lmy-ag96/bikelane.doc Memo to Ed Hard July 11 , 1996 Page 3 First, the TCA does not apply (i .e., the government has not waived immunity) when a governmental unit exercises its discretionary powers. Specifically, the TCA does not apply "to a claim based on: (1) the failure of a governmental unit to perform an act that the unit is not required by law to perform; or (2) a governmental unit's decision not to perform an act or on its failure to make a decision on the performance or nonperformance of the act if the law leaves the performance or nonperformance of the act to the discretion of the governmental unit." §101.056. A discretionary act has been defined as an action that requires personal deliberation, decision and judgment as opposed to a ministerial act which requires performance of a duty to which the governmental unit has no choice. 1 State law does not require governmental entities to provide bike lanes, nor does state law prohibit a city from permitting parking in bike lanes. Therefore both policy decisions are discretionary in nature. Another area where the TCA does not apply is traffic and road control devices. The TCA does not apply to a claim arising from "(1) the failure of a governmental unit to place a traffic or road sign, signal or warning device if the failure is the result of a governmental unit's discretionary action; (2) the absence, condition or malfunction of a traffic or road sign, signal or warning device unless the absence, condition or malfunction is not corrected by the governmental unit within a reasonable time after notice; or (3) removal or destruction of a traffic or road sign, signal, or warning device by a third person unless the governmental unit fails to correct it within a reasonable time after actual notice." §101.060(a). This section does not apply to the duty to warn of special defects. §101.060(c). In a case involving a special defect there is no governmental immunity. A special defect has been defined as "something out of the ordinary course of events rather than a long standard, routine, or permanent defect. Villareal v. State, 810 S.W.2d 419 (Tex.App. --Dallas 1991). The circumstances that we are dealing with are unusual and I located no similar fact patterns dispositive of this issue. Permitting cars to park in a bike lane during certain hours would most probably qualify as a special defect in that such parking is out of the ordinary and it will be permitted only during certain hours. College Station can best preserve its immunity by posting signs that meet guidelines set out in the Manual on Uniform Traffic Control Devices and enforcing the parking hours (i.e. citing vehicles parked in the bike lane outside the posted hours.) CONCLUSION: The City of College Station can designate certain times in which vehicles can park in bike lanes. This type of regulation is a discretionary act and College Station is immune from liability under the Texas Tort Claims Act. The following are suggestions for implementation. 1) Provide adequate notice to bicyclists that the City will allow parking in the designated bike lanes during specified times. 1 See Vasquez v. Hernandez, 844 S.W.2d 802 (App. 4 Dist 1992). See also Murillo v. Garza, 881S.W.2d191 (App. 4 Dist. 1994); City of Fort Worth v. Adams, 888 S.W.2d 607 (App. 2 Dist 1994). rrwlc:/my-ag96/bikelane.doc Memo to Ed Hard July 11 , 1996 Page4 2) Install appropriate signage. 3) Consistently enforce the posted parking hours. 4) Take necessary steps to amend the language in the city ordinance defining a bike lane as "where vehicle parking is not permitted." 5) Monitor the number of incidents reported as the result of a parked car in the bike lane. If I can help you with this or provide more information, just let me know. CR:rrw cc: Jim Callaway Tom Brymer Ed Feldman rrw/c:/my-ag96/bikelane.doc EXPLANATION OF FACTS: It's staffs understanding that under Texas law parking, stopping, or standing in a designated travel lane is prohibited . EXPLANATION OF ISSUES: Currently, in certain locations, motorist have been parking in bike lanes. By City ordinance, parking is prohibited in bike lanes. Staff would like to consider allowing parking , with proper time limit signing , in these specific isolated areas during "off-peak" hours. Staff has contacted several other cities that have bike lanes, and none of them allow parking in bike lanes, even on a limited basis. None of these cities were in Texas. QUESTIONS REGARDING THE ISSUES: Are bike lanes considered a designated travel lane? Can the City legally all ow parking in a bike lane during "off-peak" hours? Would the City be liable if an accident were to occur in a bike lane as a result of parking being all owed in it by the City. STAFF GOAL ON THIS REQUEST: A legal opinion on whether or not the City should allow parking in bike lanes on a par time basis. SUPPORTING DOCUMENTATION: 1. Memo from Chief Ed Feldman to Tom Brymer 2. 3. 4. ;siclforms'as,., <I fJ.1/05196 RECEIVED JAN 3 0 199& CITY OF COLLEGE STATION POLICE DEPARTMENT POST OFFICE BOX 9960 2611-A TEXAS AVENUE COLLEGE STATION, TEXAS 77842-9960 (409) 764-3600 MEMORANDUM TO: Tom Brymer, Assistant City Manager FROM: Ed Feldman, Chief of Police 7~ DATE: January 29, 1996 SUBJECT: Parking --Holleman Drive As in the past, we are experiencing problems with soccer fans parking in the bicycle lane on Holleman Drive on Saturdays. This past Saturday the bicycle lanes were full of vehicles again. Our officers contacted as many people as they could and asked them to move their vehicles, which most of them did reluctantly comply. I am afraid the problem will continue! I talked to some of the involved citizens last year and advised them to seek permission to park on Saturdays during the soccer games. I would suggest that we deal with this do not feel this is a police issue. cc: Major Newton ' . I TEXAS A&M UNIVERSITY Department of Parking, Traffic and Transportation Mr. Edwin N. Hard, AICP Transportation Planner City of College Station P.O. Box 9960 College Station , Texas 77842 Dear Ed: March 26, 1998 I am pleased to offer this letter of support for your efforts to install bicycle lanes on George Bush Drive adjacent to the campus of Texas A&M University. As you are aware, we have installed a bicycle lane system on our campus streets. Bicycle lanes adjacent to our campus will allow faculty, staff and students who bike to campus daily, a safe interface with our on-campus bike lane system . Please let me know if I can assist further with this project. Sincerely, Thomas G. Williams, P.E. Director cc: Dr. Jerry Gaston, Vice President for Administration ADMINISTRATION• 117 Koldus Building • College Station. Texas 77843-1250 • (409) 845-9700; FAX (409) 847-8685 ~rJ'"'p Y /VI fl:::! ~-j'YJ l, oE v j'o-J/"YJ7 w ~ Sjf "J (VJ Qt; i<?&' c:J-77-4,~£n'11j~rd-./ 41r1>-J f_ryJ'() -?,1;.r7_1s-µJ,,-.,1 ~ /r.n t-.A..Rj-ry~rv~:J ~ ~-.T ~ 'o/1..5 1 -r. Ch' Y>J r]J ?7 ~/i fV" o 8 ~-Ar,,. 5 4 ~ 'l. r'J. IS i'<d/s-;..1 .r;-At, r.J -~(\, ,w;rl'J .> (VI CJ CJ 1 b...A 'If...,// h w'tl , ?-/~1/5 ~ /j? 7_,,vry r . r~ ~n/-vu> f7J.rtrt:I J.'i/ I riy, O/.? ft ' - -v<-(_ 7': 1{ h'1 fly-f10 0 J -70... 't. /. ) ~ . .ry(_PtJlf: 21" (j 9. $ -4 J~ !1~7W..s1 J. I 'It h-eJ -~~1Yt j S'"-ec.vr~ of' ~~. 5°~-<­ ((~ \fl..,,.) 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JJ ((pf j lie e tati«>f1 s;~ (~v·elop (~L1t Services Subdivision Ordinance Bikeway Ordinance Development Services -Pla11ni11g 1:>iv1sion AMENDMENT TO BIKEWAY ORDINANCE: e Addresses long standing problem e Allows parking in Bike Lane during off peak times e Signs to be installed to warn bicyclists e Parks and Police in support of change TO: FROM: RE: DATE: CITY OF COLLEGE STATION LEGAL DEPARTMENT POST OFFICE BOX llQ60 1101 TEXAS AVENUE COLLEGE STATION, TEXAS nll-42·11960 l'Olll 7&4·3507 MEMORANDUM Ed Hard, Transportation Planner Carla Robinson, Assistant City Attorney RFLA -Parking in a Bike Lane July l l, 1996 BACKGROUND: Your RFLA dated March 5, 1996, questions the City of College Station's authority to permit parking in designated bike lanes during off-peak times. This inquiry was spurred by a recurring problem when cars park in the bike lane on Holleman Drive during Saturday soccer games. ISSUES: I) Are bike lanes considered a designated traffic lane? 2) Can the City legally permit parking in a bike lane during "off-peak" hours? 3) What potential liability does the City face if an accident were to occur as a result of vehicles parked in the bike lane? SHORT ANSWER: Designated bicycle lanes are not a separate traffic lane. As a home-rule municipality, College Station is authorized to set aside certain times in which vehicles can park in bike lanes. Because this is a discretionary act, the City should be immune from liability for damages or injuries proximately caused by pennitting parking. But, because such a change <?Quid be considered a special defect, College Station has the legal duty to warn bicyclists of the change. DISCUSSION: Bike lanes are not considered designated travel lanes. After searching applicable statutes and common law I failed to find any language that defines a bike lane as a separate lane of traffic. The Code of Ordinances, City of College Station, Texas, defines a bike lane as "a facility where part of the roadway or shoulder is striped, signed, and marked for exclusive or preferential bicycle l!Se rrwlc:lmy-ag96/bikt!lane.doc Memo to Ed Hard July 11, 1996 Page 2 and where vehicle parking is not permitted." Chapter 9, Section 8-N.2(2). This language impliedly precludes a bike lane from being considered a separate travel lane. Further, the Texas Manual on Uniform Traffic Control Devices, adopted by City ordinance, defines a designated bicycle lane as "a portion of a roadway or shoulder which has been designated for use by bicyclists. It is distinguished from the portion of the roadway for motor vehicle traffic by a paint stripe, curb, or other similar device." Section 9A-3. This also fails to distinguish a bike lane as a separate lane of travel. College Station can permit parking in a bike lane during "off-peak" hours. The City of College Station is a home-rule municipality and, as such, has exclusive control over and under the public highways, streets and alleys of the municipality. TEX. TRANSPORTATION CODE §31 1.00 l (Vernon 1996). Under this statutory language, the City has authority to designate part of a roadway as a bike lane and permit parking in the bike lanes during certain hours. The City's Code of Ordinances does, however, expressly prohibit the City from allowing parking in the bike lanes. The definition of a bike lane in Section 8-N.2(2) cited above, includes " ... where vehicle parking is not permitted." The general rule is that, to be valid, an ordinance must conform to and not conflict with state law, and this is true for traffic regulation. McQuillin Mun. §24.611 (3rd Ed.). The Manual on Uniform Traffic Control Devices and other applicable state law do not restrict parking in bike lanes. Therefore, an amendment to permit parking in a bike lane is permissible. College Station is immune from liability since creating both bike lanes and parking are discretionary acts. The City does, however, have a duty to warn bicyclists that cars may be parked in the lane. In general, municipalities are immune from liability under the doctrine of sovereign immunity. But the legislature has waived governmental immunity in the Tort Claims Act ("TCA"). TEX. CIV. PRAC. & REM. CODE §101.001 et. seq. Under the TCA, a governmental unit, includ ing a city, is liable for damages arising from the operation and use of motor-driven vehicles or equipment or proximately caused by a condition or use of personal or real property. § 101.021. Section 101.0215, added by the legislature in 1987, specifically concerns municipal liability under the TCA. A city is liable for damages arising from its governmental functions, defined as "those functions that are enjoined on a municipality by law and are given it by the state as part of the ·state's sovereignty, to be exercised by the municipality in the interest of the general public, including but not limited to ... street construction and design ... street maintenance ... regulation of traffic ... maintenance of traffic signals, signs and hazards." §101.0215(a)(3), (4), (21), (30). Once it is determined that a governmental function exists, further analysis is required to determine the municipality's potential liability. Simply determining that a function is governmental does not automatically result in a waiver of immunity. See McKinney v. City of Gainesville, 814 S.W.2d 862 (Tex. App. -Fort Worth 1991). In fact, immunity is not waived and, accordingly, a municipality is not liable if the listed gove~ental function falls within at least one of two statutory exemptions provided by TCA. rrwlc:lmy-ag96/bikelane.doc Memo to Ed Hard July 11, 1996 Page 3 First, Qie __ TCA does not apJ?.!I (i.e_, the government has not waived immunity) w_hen a governmental unit exercises its di~c;!"_e_!iq_n_¥Y_powers. Specifically, the TCA does not apply "to a claim based on: (1) the failure of a governmental unit to perform an act that the unit is not required by law to perform; or (2) a governmental unit's decision not to perform an act or on its failure to make a decision on the performance or nonperformance of the act if the law leaves the performance or nonperformance of the act to the discretion of the governmental unit." §101.056_ A discretionary act has been defined as an action that requires personal deliberation, decision and judgment as opposed to a ministerial act which req11ires perfoanance of a duty to which the governmental unit has no choice. 1 State law does not require governmental entities to provide bike lanes, nor does state law prohibit a city from permitting parking in bike lanes. Therefore both policy decisions are discretionary in nature. Another area where the TCA does not apply is traffic and road control devices. The TCA does not apply to a claim arising from "(1) the failure of a governmental unit to place a traffic or road sign, signal or warning device if the failure is the result of a governmental unit's discretionary action; (2) the absence, condition or malfunction of a traffic or road sign, signal or warning device unless the absence, condition or malfunction is not corrected by the governmental unit within a reasonable time after notice~ or (3) removal or destruction of a traffic or road sign, signal, or warning device by a third person unless the governmental unit fails to correct it within a reasonable time after actual notice." §101.060(a). This section does not apply to the duty to warn of special defects. §101.060(c). In a case involving a special defect there is no governmental immunity. A special defect has been defined as "something out of the ordinary course of events rather than a long standard, routine, or permanent defect. Villareal v. State, 810 S.W.2d 419 (Tex.App. --Dallas 1991)_ The circumstances that we are dealing with are unusual and I located no similar fact patterns dispositive of this issue. Permitting cars to park in a bike lane during certain hours would most probably qualify as a special defect in that such parking is out of the ordinary and it will be permitted only during certain hours. College Station can best preserve its immunity by posting signs that meet guidelines set out in the Manual on Uniform Traffic Control Devices and enforcing the parking hours (i.e. citing vehicles parked in the bike lane outside the posted hours.) CONCLUSION: The City of College Station can designate certain times in which vehicles can park in bike lanes. This type of regulation is a discretionary act and College Station is immune from liability under the Texas Tort Claims Act. The following are suggestions for implementation. 1) Provide adequate notice to bicyclists that the City will allow parking in the designated bike lanes during specified times. 1 See Vasquez v. Hernandez, 844 S.W.2d 802 (App. 4 Dist 1992). See also Murillo v. Garza, 881 S.W.2d 191 (App _ 4 Dist 1994); City of Fort Worth v. Adams, 888 S.W.2d 607 (App_ 2 Dist 1994). rrw/c_·/my -ag96/bikelane.doc . \ Memo to Ed Hard July 11, 1996 Page4 2) Install appropriate signage. 3) Consistently enforce the posted parking hours. 4) · Take necessary steps to amend the language in the city ordinance defining a bike lane as "where vehicle parking is not pennitted." 5) Monitor the number of incidents reported as the result of a parked car in the bike lane. If I can help you with this or provide more information, just let me know. CR:rrw cc: Jim Callaway Tom Brymer Ed Feldman rrwlc:lmy-ag96/bikelane.doc ' I Texas Department of Transportation 1300 N. TEXAS AVE. • BRYAN, TEXAS 77803-2760 • (409) 778-21 65 Mr. Edwin Hard Transportation Planner City of College Station P. 0 . Box 9960 College Station, Texas 77842 Dear Mr. Hard: March 16, 1998 TxDOT supports the removal of on-street parking on George Bush Drive between Wellborn Road (FM 2154) and Texas Avenue (BS 6-R). This removal will allow the City to stripe for bicycle lanes on each side of the roadway making them one-way facilities carrying bike traffic in the same direction as adjacent motor vehicle traffic. These one-way facilities would meet TxDOT's adopted AASHTO's Guide for the Development of Bicycle Facilities where the current two-way facilities do not. CWH/ep Sincerely, ~ bJ.4V') Pt. 9Patrick T. Williams, P.E. Area Engineer Bryan District An Equal Opportunity Employer ,, W CITY OF COI 1 EGE STATION Post Office Box 9960 1101 Texas Avenue College StaUon, Texas 77842-9960 (409) 764-3500 MEMORANDUM TO: Planning and Zoning Commission FROM: Ed Hard, Transportation Plannerbt)- DATE: July 25, 1996 RE: Amendment to Bikeway Ordinance Parking in a bike lane is currently prohibited by city ordinance. This item is an amendment to the city's bikeway ordinance to allow parking in a bike lane in certain areas during specified "off peak" times. It will not allow parking, in general, to occur in all bike lanes in the city. It is only intended to be used on a limited basis and applied to recurring problem areas. Where parking in a bike lane is permitted, signs will be installed to make bicyclists aware of times when parking is allowed to occur. Parking. in bike lanes has been has been a long standing problem. On-street parking and bike lanes are in direct competition for the curb space on the street. Streets with bike lanes adjacent to public parks and churches are where this problem most commonly occurs. The section of Holleinan Drive adjacent to An~erson Parle and the section of. Krenek Tap Road adjacent to . Central Park are frequent problem areas. This issue has also been reviewed by the City's legal department. They indicate that the City can set aside certain times when vehicles can parlc in bike lanes, but that the City has a legal duty to warn cyclists of the change. See the attached memo the city's legal department. This amendment could be viewed as a compromise solution between the need on-street parking and the desire for bike lanes. The City's Parks and Police Departments are in favor ofthis change. See the attached memo from Chief Feldman .. ~ · cc: Ed Feldman S~eBeachy Jim Callaway attachments Home of Texas A&M University CITY OF COLLEGE STATION LEGAL DEPARTMENT POST OFFICE BOX gQ60 1101 TEXAS AVENUE COLLEGE STATION, TEXAS 77842-9960 (4Qg) 764-3507 MEMORANDUM TO: Ed Hard, Transportation Planner FROM: Carla Robinson, Assistant City Attorney RE: RFLA-Parking in a Bike Lane DATE: July 11, 1996 BACKGROUND: Your RFLA dated March 5, 1996, questions the City of College Station's authority to permit parking in designated bike lanes during off-peak times. This inquiry was spurred by a recurring problem when cars park in the bike lane on Holleman Drive during Saturday soccer games. ISSUES: 1) Are bike lanes considered a designated traffic lane? 2) Can the City legally permit parking in a bike lane during "off-peak" hours? 3) What potential liability does the City face if an accident were to occur as a result of vehicles parked in the bike lane? SHORT ANSWER: Designated bicycle lanes are not a separate traffic lane. As a home-rule municipality, College Station is authorized to set aside certain times in which vehicles can park in bike lanes. Because this is a discretionary act, the City should be immune from liability for damages or injuries proximately caused by permitting parking. But, because such a change could be considered a special defect, College Station has the legal duty to warn bicyclists of the change. DISCUSSION: Bike lanes are not considered designated travel lanes. After searching applicable statutes and common law I failed to find any language that defines a bike lane as a separate lane of traffic. The Code of Ordinances, City of College Station, Texas, defines a bike lane as "a facility where part of the roadway or shoulder is striped, signed, and marked for exclusive or preferential bicycle use rrwlc:lmy-ag96/bikelane.doc Memo to Ed Hard July 11 , 1996 Page 2 and where vehicle parking is not permitted." Chapter 9, Section 8-N .2(2). This language impliedly precludes a bike lane from being considered a separate travel lane. Further, the Texas Manual on Uniform Traffic Control Devices, adopted by City ordinance, defines a designated bicycle lane as "a portion of a roadway or shoulder which has been designated for use by bicyclists. It is distinguished from the portion of the roadway for motor vehicle traffic by a paint stripe, curb, or other similar device." Section 9A-3. This also fails to distinguish a bike lane as a separate lane of travel. College Station can permit parking in a bike lane during "off-peak" hours. The City of College Station is a home-rule municipality and, as such, has exclusive control over and under the public highways, streets and alleys of the municipality. TEX. TRANSPORTATION CODE §311. 001 (Vernon 1996). Under this statutory language, the City has authority to designate part of a roadway as a bike lane and permit parking in the bike lanes during certain hours. The City's Code of Ordinances does, however, expressly prohibit the City fro m allowing parking in the bike lanes. The definition of a bike lane in Section 8-N.2(2) cited above, includes " ... where vehicle parking is not permitted." The general rule is that, to be valid, an ordinance must conform to and not conflict with state law, and this is true for traffic regulation. McQuillin Mun. §24.611 (3rd Ed.). The Manual on Uniform Traffic Control Devices and other applicable state law do not restrict parking in bike lanes. Therefore, an amendment to permit parking in a bike lane is permissible. College Station is immune from liability since creating both bike lanes and parking are discretionarv acts. The City does, however, have a duty to warn bicyclists that cars may be parked in the lane. In general, municipalities are immune from liability under the doctrine of sovereign immunity. But the legislature has waived governmental immunity in the Tort Claims Act ("TCA"). TEX. CIV. PRAC. & REM. CODE §101.001 et. seq. Under the TCA, a governmental unit, including a city, is liable for damages arising from the operation and use of motor-driven vehicles or equipment or proximately caused by a condition or use of personal or real property. § 1O1. 021. Section 101.021 5, added by the legislature in 1987, specifically concerns municipal liability under the TCA. A city is liable for damages arising from its governmental functions, defined as "those functions that are enjoined on a municipality by law and are given it by the state as part of the state's sovereignty, to be exercised by the municipality in the interest of the general public, including but not limited to. . . street construction and design . . . street maintenance . . . regulation of traffic ... maintenance of traffic signals, signs and hazards." §101.0215(a)(3), (4), (21), (30). Once it is determined that a governmental function exists, further analysis is required to determine the municipality's potential liability. Simply determining that a function is governmental does not automatically result in a waiver of immunity. See McKinney v. City of Gainesville, 814 S. W.2d 862 (Tex. App. --Fort Worth 1991). In fact, immunity is not waived and, accordingly, a municipality is not liable if the listed governmental function falls within at least one of two statutory exemptions provided by TCA. rrwlc:/my-ag96/bikelane.doc Memo to Ed Hard July 11 , 1996 Page 3 First, the TCA does not apply (i.e., the government has not waived immunity) when a governmental unit exercises its discretionary powers. Specifically, the TCA does not apply "to a claim based on: (1) the failure of a governmental unit to perform an act that the unit is not required by law to perform; or (2) a governmental unit's decision not to perform an act or on its failure to make a decision on the performance or nonperformance of the act if the law leaves the performance or nonperformance of the act to the discretion of the governmental unit." §101.056. A discretionary act has been defined as an action that requires personal deliberation, decision and judgment as opposed to a ministerial act which requires performance of a duty to which the governmental unit has no choice. 1 State law does not require governmental entities to provide bike lanes, nor does state law prohibit a city from permitting parking in bike lanes. Therefore both policy decisions are discretionary in nature. Another area where the TCA does not apply is traffic and road control devices. The TCA does not apply to a claim arising from "(1) the failure of a governmental unit to place a traffic or road sign, signal or warning device if the failure is the result of a governmental unit's discretionary action; (2) the absence, condition or malfunction of a traffic or road sign, signal or warning device unless the absence, condition or malfunction is not corrected by the governmental unit within a reasonable time after notice; or (3) removal or destruction of a traffic or road sign, signal, or warning device by a third person unless the governmental unit fails to correct it within a reasonable time after actual notice." § 101. 060( a). This section does not apply to the duty to warn of special defects. §101.060(c). In a case involving a special defect there is no governmental immunity. A special defect has been defined as "something out of the ordinary course of events rather than a long standard, routine, or permanent defect. Villareal v. State, 810 S.W.2d 419 (Tex.App. --Dallas 1991). The circumstances that we are dealing with are unusual and I located no similar fact patterns dispositive of this issue. Permitting cars to park in a bike lane during certain hours would most probably qualify as a special defect in that such parking is out of the ordinary and it will be permitted only during certain hours. College Station can best preserve its immunity by posting signs that meet guidelines set out in the Manual on Uniform Traffic Control Devices and enforcing the parking hours (i.e. citing vehicles parked in the bike lane outside the posted hours.) CONCLUSION: The City of College Station can designate certain times in which vehicles can park in bike lanes. This type of regulation is a discretionary act and College Station is immune from liability under the Texas Tort Claims Act. The following are suggestions for implementation. I) Provide adequate notice to bicyclists that the City will allow parking in the designated bike lanes during specified times. 1 See Vasquez v. Hernandez, 844 S.W.2d 802 (App. 4 Dist 1992). See also Murillo v. Garza, 881S.W.2d191 (App. 4 Dist. 1994); City of Fort Worth v. Adams, 888 S.W.2d 607 (App. 2 Dist 1994). rrw/c:lmy-ag96/bikelane.doc Memo to Ed Hard July 11 , 1996 Page 4 2) Install appropriate signage. 3) Consistently enforce the posted parking hours. 4) Take necessary steps to amend the language in the city ordinance defining a bike lane as "where vehicle parking is not permitted." 5) Monitor the number of incidents reported as the result of a parked car in the bike lane. Ifl can help you with this or provide more information, just let me know. CR:rrw cc: Jim Callaway Tom Brymer Ed Feldman rrwlc:lmy-ag96/bikelane.doc RECEIVED JAN 3 0 1& CITY OF COLLEGE STATION POLICE DEPARTMENT POST OFFICE BOX 9960 2611-A TEXAS AVENUE COLLEGE STATION, TEXAS 77842-9960 (409) 764-3600 MEMORANDUM TO: Tom Brymer, Assistant City Manager FROM: Ed Feldman, Chie f of Polic e 7~ DATE: January 29, 1996 SUBJECT: Parking --Holleman Drive As in the past, we are experiencing problems with soccer fans parking in the bicycle lane on Holleman Drive on Saturdays. This past Saturday the bicycle lanes were full of vehicles again. Our officers contacted as many people as they could and asked them to move their vehicles, which most of them did reluctantly comply. I am afraid the problem will continue! I talked to some of the involved citizens last year and advised them to seek permission to park on Saturdays during the soccer games. I would suggest that we deal with this do not feel this is a police issue. cc: Major Newton I 4. From: To: Subject: Edwin Hard SMTP("jim-morgan@tamu.edu") Re: status of bike paths & plans -Reply No Jim, it's not because you complained. Many others have, though ••• but they complain that parkiing should be allowed during certain times. And NO this is not to say that parking is, in general, will be allowed in all bike lanes in the City. That's far from the case. It's only intended to apply in isolated areas during specified off peak times. Where it is to occur, signs will be installed to make bicyclists aware of times when parking is allowed ••• say after 5 or certain times on Sundays, etc. This has been a long standing problem. On-street parking and bike lanes are in direct competition for that space on the street. >>> jim morgan <jim-morgan@tamu.edu> 07/25/96 03:50pm >>> am i to understand that since i complained that people were parking in bike lanes and the police wrote tickets to those people NOW WE ARE MAKING IT LEGAL TO PARK IN BIKE LANES? THANKS! jim jim morgan texas a&m university 409-845-4394 jim-morgan@tamu.edu ·r'llf (J /.'fl' -fcq, ~ ~111 --y<A~ -y--;" kcvir ~'?'. ·---,:11 ~ ~ .. ~ - dl7f }J-'-~ f.' -wk.;i ~ ~:TY}~ -7/f} "fl { ' .. --·' . . ' . .. :, . . . -:- ' -. -----f ••• •. I 'I. ~ . . --• • from the desk of + -t- P.O. Box 151837 .. ~ (;\ ~ ... ) ' ~~ ' <:) ~ Toll Free (800) 448-8841 DFW Area (817) 265-3421 t ' ~ ~ <:::::>' ..... Edwin Hard ~ :r ! +- i .. i kl ~ t-!. t .......... Ari ngton, X 76015 Fa (817) 74-3610 ~-~ r Cl~!i o?ic~s5~!-LEG1~1~!~Te!~N ~ College Station, Texas 77842-9960 September 30, 1994 Mr. Joe Bergstad College Hills Estates HOA 1202 Walton Dr. College Station, TX 77840 Dear Mr. Bergstad: ( 409) 764-3500 Your letter of September 8th to Jane Kee requesting the installation of certain traffic signs in the College Hills area was forwarded to me for my review. I agree with your assessment of the James Pkwy/Puryear intersection and will have a yield sign installed for the northbound approach on. James Pkwy. Under the guidelines the City must follow relative to traffic control signs, a yield sign would be an acceptable means of signing this intersection. However, since the sign has to be formally adopted by City Council, it will be a few weeks before it can be it installed. As for your request to remove parking on Nunn and on a section of Walton, you should know that most residential streets are designed wide enough to include on-street parking and thus it is the City's policy to allow it when it does not cause a public safety problem. Under this policy we would be able to install "No Parking" signs on Nunn but not on Walton. The on-street parking on Nunn, even though it is probably not as frequent as that on Walton, is more of a problem due to the streets narrow width, short length, and high usage as a "cut through". Thank you for your letter and please feel free to call me or Ms. Kee if you have any questions. Sincerely, win Hard, AICP Transportation Planner cc: Jane Kee, City Planner Home of Texas A&M University 0 Regular Item D Consent Item D Statutory Item Item Submitted By: For Council Meeting Of: Director Approval: Executive Member Approval: Ed Hard, Transportation Planner February 23, 1995 Ends Statements I Strategic Issues: This item relates to E.S. #1 Transportation/Mobility in that the installation of bike lanes removes on-street parking which results in safer and more efficient movement of motor vehicles and bicycles. It is also in keeping with Council's S.I. # 32 to be a "bicycle friendly community". Item: Consideration of the installation of bike lanes on Walton Drive from Texas Avenue to Nunn Street. Item Summary: This item stems from the College Hills HOA's desire to remove on-street parking on Walton Drive. Staff agrees with the HOA in that removal of parking would be safer. However, some who live on Walton may be opposed to loosing their on-street parking privileges and under the City's policy for parking on residential streets, it would be allowed on this street. Walton is reflected as having bike lanes on the City's Bikeway Master Plan and also as part of the "bike Loop" project. Installing bike lanes on Walton at his time would alleviate the HOA's concern for on-street parking as well as implement a small section of the Bikeway Master Plan and bike loop project. Financial Summary: The cost to install the bike lanes is approximately $2,000 and will be paid for out of Traffic Systems Maintenance Funds. Under the bike loop grant, the City will be reimbursed for 80% of this cost. Since the bike loop project has not yet begun, if the City elects to install the bike lanes now it will not be eligible for the 80% reimbursement. Staff Recommendation: Install bike lanes on Walton from Texas Ave. to Nunn street. City Attorney Recommendation: NA Council Action Desired: Approval or Denial of Staff Recommendation. Supporting Materials: 1. Letter from Jim Callaway to Ms. Agnes Baker 2. Letter from Ed Hard to Mr. Joe Bergstad MEMORANDUM CITY OF COi .I EGE STATION Post Office Box 9960 1101 Texas Avenue . College StaUon, Texas 77842-9960 (409) 764-3500 TO: Planning and Zoning Commission FROM: Ed Hard, Transportation Planne/:Yl- DATE: July 25, 1996 RE: Amendment to Bikeway Ordinance Parking in a bike lane is currently prohibited by city ordinance. This item is an amendment to the city's bikeway ordinance to allow parking in a bike lane in certain areas during specified "off peak" times. It will not allow parking, in general, to occur in all bike lanes in the city. It is only intended to be used on a limited basis arid applied to recurring problem areas. Where parking in a bike lane is permitted, signs will be installed to make bicyclists aware of times when parking is allowed to occur. Parking in bike lanes has been has been a long standing problem. On-street parking and bike lanes are in direct competition for the curb space on the street. Streets with bike lanes adjacent to public parks and churches are where this problem most commonly occurs. The section of Holleman Drive adj3Cf?11t to Anderson Parle and the ~ection of Krenek Tap Road adjacent to Central Paric are frequent problem areas. This issue has also been reviewed by the City's legal department. They indicate that the City can set aside certain times when vehicles can park in bike lanes, but that the City has a legal duty to warn cyclists of the change. See the attached memo the city's legal department. This amendment could be viewed as a comprQmise solution between the need .on-street parking and the desire for bike lanes. The City's Parks and Police Departments are in favor of this crumge. See the attached memo from Chief Feldman., ... · cc: Ed Feldman Steve Beachy Jim Callawar attachments ; Home of Texas A&M University CITY OF COLLEGE STATION LEGAL DEPARTMENT POST OFFICE BOX 9960 1101 TEXAS AVENUE COLLEGE STATION, TEXAS 77842-9960 (400) 764-3507 MEMORANDUM TO: Ed Hard, Transportation Planner FROM: Carla Robinson, Assistant City Attorney RE: RFLA -Parking in a Bike Lane DATE: July 11, 1996 BACKGROUND: Your RFLA dated March 5, 1996, questions the City of College Station's authority to permit parking in designated bike lanes during off-peak times. This inquiry was spurred by a recurring problem when cars park in the bike lane on Holleman Drive during Saturday soccer games. ISSUES: 1) Are bike lanes considered a designated traffic lane? 2) Can the City legally permit parking in a bike lane during "off-peak" hours? 3) What potential liability does the City face if an accident were to occur as a result of vehicles parked in the bike lane? SHORT ANSWER: Designated bicycle lanes are not a separate traffic lane. As a home-rule municipality, College Station is authorized to set aside certain times in which vehicles can park in bike lanes. Because this is a discretionary act, the City should be immune from liability for damages or injuries proximately caused by permitting parking. But, because such a change could be consiqered a special defect, College Station has the legal duty to warn bicyclists of the change. DISCUSSION: Bike lanes are not considered designated travel lanes. After searching applicable statutes and common law I failed to find any language that defines a bike lane as a separate lane of traffic. The Code of Ordinances, City of College Station, Texas, defines a bike lane as "a facility where part of the roadway or shoulder is striped, signed, and marked for exclusive or preferential bicycle use rrwlc:lmy-ag96/bikelane.doc .. Memo to Ed Hard July 11 , 1996 Page 2 and where vehicle parking is not pennitted." Chapter 9, Section 8-N.2(2). This language impliedly precludes a bike lane from being considered a separate travel lane. Further, the Texas Manual on Uniform Traffic Control Devices, adopted by City ordinance, defines a designated bicycle lane as "a portion of a roadway or shoulder which has been designated for use by bicyclists. It is distinguished from the portion of the roadway for motor vehicle traffic by a paint stripe, curb, or other similar device." Section 9A-3 . This also fails to distinguish a bike lane as a separate lane of travel. College Station can permit parking in a bike lane during "off-peak" hours. The City of College Station is a home-rule municipality and, as such, has exclusive control over and under the public highways, streets and alleys of the municipality. TEX. TRANSPORTATION CODE §31 1.001 (Vernon 1996). Under this statutory language, the City has authority to designate part of a roadway as a bike lane and pennit parki ng in the bike lanes during certain hours . The City's Code of Ordinances does, however, expressly prohibit the City from allowing parking in the bike lanes. The definition of a bike lane in Section 8-N.2(2) cited above, includes " ... where vehicle parking is not permitted." The general rule is that, to be valid, an ordinance must conform to and not conflict with state law, and this is true for traffic regulation. McQuillin Mun. §24.611 (3rd Ed.). The Manual on Uniform Traffic Control Devices and other applicable state law do not restrict parking in bike lanes. Therefore, an amendment to pennit parking in a bike lane is permissible. College Station is immune from liability since creating both bike lanes and parking are discretionary acts. The City does, however, have a duty to warn bicyclists that cars may be parked in the lane. In general, municipalities are immune from liability under the doctrine of sovereign immunity. But the legislature has waived governmental immunity in the Tort Claims Act ("TCA"). TEX. CIV. PRAC. & REM. CODE §101.001 et. seq. Under the TCA, a governmental unit, including a city, is liable for damages arising from the operation and use of motor-driven vehicles or equipment or proximately caused by a condition or use of personal or real property. § 101 . 021 . Section 101.0215, added by the legislature in 1987, specifically concerns municipal liability under the TCA A city is liable for damages arising from its governmental functions, defined as "those functions that are enjoined on a municipality by law and are given it by the state as part of the state's sovereignty, to be exercised by the municipality in the interest of the general public, including but not limited to ... street c0nstruction and design ... street maintenance ... regulation of traffic ... maintenance of traffic signals, signs and hazards." §101.0215(a)(3), (4), (21), (30). Once it is determined that a governmental function exists, further analysis is required to determine the municipality's potential liability. Simply determining that a function is governmental does not automatically result in a waiver of immunity. See McKinney v. City of Gainesville, 814 S.W.2d 862 (Tex. App. --Fort Worth 1991). In fact, immunity is not waived and, accordingly, a municipality is not liable if the listed governmental function falls within at least one of two statutory exemptions provided by TCA rrw/c:lmy-ag96/bikelane.doc Memo to Ed Hard July 11 , 1996 Page 3 First, the TCA does not apply (i.e., the government has not waived immunity) when a governmental unit exercises its discretionary powers. Specifically, the TCA does not apply "to a claim based on: (I) the failure of a governmental unit to perform an act that the unit is not required by law to perform; or (2) a governmental unit's decision not to perform an act or on its failure to make a decision on the performance or nonperformance of the act if the law leaves the performance or nonperformance of the act to the discretion of the governmental unit." §101.056. A discretionary act has been defined as an action that requires personal deliberation, decision and judgment as opposed to a ministerial act which requires performance of a duty to which the governmental unit has no choice. 1 State law does not require governmental entities to provide bike lanes, nor does state law prohibit a city from permitting parking in bike lanes. Therefore both policy decisions are discretionary in nature. Another area where the TCA does not apply is traffic and road control devices. The TCA does not apply to a claim arising from "( 1) the failure of a governmental unit to place a traffic or road sign, signal or warning device if the failure is the result of a governmental unit's discretionary action; (2) the absence, condition or malfunction of a traffic or road sign, signal or warning device unless the absence, condition or malfunction is not corrected by the governmental unit within a reasonable time after notice; or (3) removal or destruction of a traffic or road sign, signal, or warning device by a third person unless the governmental unit fails to correct it within a reasonable time after actual notice." § 101.060(a). This section does not apply to the duty to warn of special defects. §101.060(c). In a case involving a special defect there is no governmental immunity. A special defect has been defined as "something out of the ordinary course of events rather than a long standard, routine, or permanent defect. Villareal v. State, 810 S.W.2d 419 (Tex.App. --Dallas 1991). The circumstances that we are dealing with are unusual and I located no similar fact patterns dispositive of this issue. Permitting cars to park in a bike lane during certain hours would most probably qualify as a special defect in that such parking is out of the ordinary and it will be permitted only during certain hours. College Station can best preserve its immunity by posting signs that meet guidelines set out in the Manual on Uniform Traffic Control Devices and enforcing the parking hours (i.e. citing vehicles parked in the bike lane outside the posted hours.) CONCLUSION: The City of College Station can designate certain times in which vehicles can park in bike lanes. " This type of regulation is a discretionary act and College Station is immune from liability under the Texas Tort Claims Act. The following are suggestions for implementation. 1) Provide adequate notice to bicyclists that the City will allow parking in the designated bike lanes during specified times. 1 See Vasquez v. Hernandez, 844 S.W.2d 802 (App. 4 Dist 1992). See also Murillo v. Garza, 881S.W.2d191 (App. 4 Dist. 1994); City of Fort Worth v. Adams, 888 S.W.2d 607 (App. 2 Dist 1994). rrw/c:lmy-ag96/bikelane.doc Memo to Ed Hard July 11, 1996 Page4 2) Install appropriate signage. 3) Consistently enforce the posted parking hours. 4) Take necessary steps to amend the language in the city ordinance defining a bike lane as "where vehicle parking is not permitted." 5) Monitor the number of incidents reported as the result of a parked car in the bike lane. If I can help you with this or provide more information, just let me know. CR:rrw cc: Jim Callaway Tom Brymer Ed Feldman rrwlc:lmy-ag96/bikelane.doc RECEIVED JAN 3 0 1996 CITY OF COLLEGE STATION POLICE DEPARTMENT POST OFFICE BOX 9960 2611 -A TEXAS AVENUE COLLEGE STATION, TEXAS 77842-9960 (409) 764-3600 MEMORANDUM TO: Tom Brymer, Assistant City Manager FROM: Ed Feldman, Ch i ef of Polic e 7'/f--/ DATE: January 29, 1996 SUBJECT: Parking --Holleman Drive As in the past, we are experiencing problems with soccer fans parking in the bicycle lane on Holleman Drive on Saturdays. This past Saturday the bicycle lanes were full of vehicles again. Our officers contacted as many people as they could and asked them to move their vehicles, which most of them d i d reluctantly comply. I am afraid the problem will continue! I talked to some of the involved citizens last year and advised them to seek permission to park on Saturdays during the soccer games. I would suggest that we deal with this do not feel this is a police issue. cc: Major Newton I ~ I Texas Department ot Rfi'ii'lfSj;i,it~~}~n 1300 N. TEXAS AVE. • BRYAN, TEXAS 77803-2760 • (409) 778-2165 July 19, 1995 A00197 Mr. Edwin Hard, AICP Transportation Planner City of College Station P. 0. Box 9960 College Station, Texas 77842-9960 Dear Mr. Hard: Listed below is the cost incurred in the striping of the bike lane on Walton Drive, in College Station. Labor Equipment Rental Material TOTAL 156.90 64.00 93.79 $314.69 Please send us a check in the amount of $314.69 made payable to the Texas Department of Transportation. MJI:er Sincerely, ?OV;2?~ Michael J. Imhoff Chief Accountant Bryan District An Equal Opportunity Employer 0 Regular Item 0 Consent Item D Statutory Item Item Submitted By: For Council Meeting Of: Director Approval: Executive Member Approval: Ed Hard, Transportation Planner Ends Statements I Strategic Issues: This item relates to E.S. #1 Transportation/Mobility in that the installation of bike lanes removes on-street parking which results in safer and more efficient movement of motor vehicles and bicycles. It is also in keeping with Council's S.I. #32 to be a "bicycle friendly community". Item: Consideration of the installation of bike lanes on Walton Drive from Texas Avenue to Nunn Street. Item Summary: This item is brought forward in response to the College Hills HOA's desire to remove on-street parking on Walton Drive. Since parking is prohibited in bike lanes and since Walton is renected on the Bikeway Master Plan and the "bike loop" project as having bike lanes, one manner to remove parking on this street would be to install bike lanes at this time. Staff agrees with the HOA in that removal of parking would be safer. However, some who live on Walton may be opposed to losing their on-street parking privileges since under the City's policy for parking on residential streets, it is currently allowed on this street. Installing bike lanes on Walton would alleviate the HOA's concern for on-street parking as well as implement a small section of the Bikeway Master Plan and bike loop project. When Council approved the Bikeway Master Plan it was with the condition that prior to installing bike lanes on any street, each case be brought back before the Council for individual consideration. Financial Summary: The cost to install the bike lanes is approximately $2,000 and funding will be fr.om a General Fund contingency transfer. Under the bike loop grant, the City will be reimbursed •fqr 80% of this cost. Since the bike loop project has not yet begun, If the City elects to Install the bike lanes now it will not be eligible for the 80% reimbursement. Staff Recommendation: Install bike lanes on Walton from Texas Ave. to Nunn Street. City Attorney Recommendation: NA Council Action Desired: Approval or Denial of Staff Recommendation. Supporting Materials: 1. Letter from Jim Callaway to Ms. Agnes Baker 2. Letter from Ed Hard to Mr. Joe Bergstad May 3, 1995 Dear Resident: CITY OF COi .I .EGE STATION Post Office Box 9960 1101 Texas Avenue College Station, Texas 77642-9960 (409) 764-3500 Please be advised that striping for bike lanes on Walton Drive from Texas Avenue to Nunn Street will be installed during the week of May 15th through May 19th, 1995. Since parking in bike lanes is prohibited by city ordinance, parking on this section of Walton Drive will no longer be permitted effective Monday, May 15th. Parking on the street on and after this date will be considered a violation and subject to fine by Municipal Court. The placement of bike lanes on Walton Drive is called for on the City's Bikeway Master Plan and also on the city's federally funded "College Station Bike Loop" project. The College Hills Homeowners' Association requested that the bike lanes be installed at this time due to their concern for the high amount vehicles currently parking on this street. The City Council approved the request at their February 23, 1995 meeting. We realize this may be an inconvenience, but please understand that the installation of bike lanes and the removal of on-street parking will result in a safer and more efficient movement of motor vehicles and bicycles. Thank you for your cooperation and feel free to call if you have any questions. Sincerely, ~ Edwin Hard, AICP Transportation Planner Hom e of Texas AGM University DATE: To: FROM: SUBJECT: f'6•*( CITY OF COLLEGE STATION ~ PJ DEVELOPMENT SERVICES DEPARTMENT Post Office Box 9W:fJ 11O1 Tex as A venue College Station, Texas 77842-0960 (409) 764-3570 MEMORANDUM April 28, 1995 Paul Urso, Street Superintendent . ~ h Steve Homeyer, Transportation Techniciao/ - Striping of Walton Drive for Bike Lanes I scheduled the striping of Walton Drive with Tx.DOT for May 18, 1995. They plan to be on site at 9:00AM to allow for the traffic to decrease. We need to mark the centerline with a dot every 25 feet and provide all traffic control. Prior to their arrival, we also need to install all signs and have them bagged for use when the striping is complete. Please schedule your crew to accomplish this between Monday, May 15 and Wednesday, May 17. If you have ariy questions, feel free to give me a call. cc: Ed Hard, Transportation Planner Kathryn Anthony, Asst. Dir. of Public Services ··suilding a Better City in Partnership with You· ~ RECEIV ED AF R 1 8 1995 I Texas Department of Transportation 1300 N. TEXAS AVE. • BRYAN, TEXAS 77803-2760 • (409) 778-2165 April 14, 1995 Mr. Edwin Hard, AICP Transportation Planner City of College Station P. 0. Box 9960 College Station, Texas Dear Mr. Hard: 77842-9960 We have received the City's request dated April 10, 1995, requesting assistance in striping of the bike lane on Walton Drive. Since the City of College Station does not have the equipment and personnel to perform the requested striping, the State will agree to assist the City by striping the requested street. The City will be billed at the State's cost for performing this work. Mr. Tommy Moehlman, Traffic Services Supervisor, will contact you to discuss the scheduling of the striping. MAJ:e di Sin~~rely, . Q~ /} ltfA7lf/~ Allan N. Pritchard, P.E. Director of Operations Bryan District An Equal Opportunity Employer April I 0, 1995 Mr. Allan Pritchard, P.E. Director of Operations CITY OF COLLEGE STATION Post Office Box 9960 1 101 Texas Avenue College Station, Texas 77842-9960 ( 409) 764-3500 Texas Department of Transportation 1300 N. Texas Avenue Bryan, Texas 77803 Dear Mr. Pritchard: The City of College Station would like to schedule the paint striping services of the Texas Department of Transportation for the installation of bike lanes on Walton Drive. There is approximately 0 .6 miles of striping required for this project. We do not have the equipment or personnel to accomplish this endeavor. For this reason, we would like to schedule a day, during the week of May 15, 1995, that we could obtain your services. As per the conversation between Steve Homeyer and Tommy Moehlman on March 21, 1995, the City would provide a work crew to place guide marks for the striping machine and to provide the necessary traffic control. If you have any questions, please feel free to contact me or Steve Homeyer. Thank you in advance for yo ur cooperation. Sincerely, j ~ Edwin Hard, AICP Transportation Planner cc: Jane Kee, City Planner Kathryn Anthony, Assistant Director of Public Services Paul Urso, Streets and Drainage Superintendent SRH Home of Texas A&M University April l 0, 1995 Mr. Allan Pritchard, P.E. Director of Operations CITY OF COLLEGE STATION Post Office Box 9960 1101 Texas Avenue College Station. Texas 77842-9960 ( 40'l) 764-3500 Texas Department of Transportation 1300 N. Texas Avenue Bryan, Texas 77803 Dear Mr. Pritchard: The City of College Station would like to schedule the paint striping services of the Texas Department of Transportation for the installation of bike lanes on Walton Drive. There is approximately 0.6 miles of striping required for this project. We do not have the equipment or personnel to accomplish this endeavor. For this reason, we would like to schedule a day, during the week of May 15, 1995, that we could obtain your services. As per the conversation between Steve Homeyer and Tommy Moehlman on March 21, 1995, the City would provide a work crew to place guide marks for the striping machine and to provide the necessary traffic control. If you have any questions, please feel free to contact me or Steve Homeyer. Thank you in advance for your cooperation. Sincerely, ~ Edwin Hard, AICP Transpo11ation Planner cc: Jane Kee, City Planner Kathryn Anthony, Assistant Director of Public Services Paul Urso, Streets and Drainage Superintendent SRH Hom e o f Texas Af,M University . ?/"r' f r-F x-.-y~,,._,.-.-; £.,, o I 7' £ ~ ; /(;~;;-rir; ')ore! -~ -1"'~;1 :-- c/ Q "Ir J 71 ryr·::rJ~ JJt1 ·t°1 f'">.lcn1 -,w-~·"::;--. - ?1/'#~r;-~~s 7'7~./-d-""o ~;s ~ ·#rT \A?j?hv--~ks ;0 ·-.L../l.7'ryhfff) "'"''-+-lio· ~ 1 --!~ r}i' ~ ---,---=,,.....-;r::-:---,----- ---_,, f S °1 ,,,,-,;;0 ),,3 -k. 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Wt,,,.J.,~'8/e/ 1,«""7. a.r-1 r~f -'~ .. ,trµ_ ,(,._!) k r ':!1_n · Q,-l, tV~ '!/ /M/oJ,~ ~ 4 1d plV-.·/-lo /~cry/c.. .: s~ ~ne/ ~ ,Cy ... ~. & ~ Row1 ,u---l. >'-t~ ttt"' '/ e~ rao.?--~~· l(~,t/iJ~ o;i ~~ ~/~'v-. s; <AJ.~ ~ iL ~ /)~ /~-~~ ntwJ k tfcJ--/u ~ -i£I ~ ~js-tJ(,l /YJQ J 0 0~)$)/W,) ~ ~~~~,.,,,..----.--:::~~~~r~,,----,--,-,.~cr=-=-J'/C----.~rrrr-~~-/J-~~,,---,,~.-~~~~- ·;;f\Q~ ?Off ft'2 ~~·~~----=~~~~--1-r~:-=;;~~-~~---tt---~~ --;IV 5> --~o ti • ------ >~~~rt~?~~~~~_.....~~~ d )k<tc-e -~ -~~...:_.~ ~12-tr)A._r.e_, -~ rv o--C . ~-~--- -------.1-~~tt~A-~ f.,IJ~ ~ tJ d>A-te>/(!_ >r -::::2-...:;:;o/~.c.r.-uc'1-..---- ____ r-- ~Vti'l£_ OL ~./­ -__{;~~ -c~~dY~~...-.. ~~l) wj &--P~D '!f- /~Yf c~ .[' ~1 ,~a. RECE\VED APR 1 8 1995 I Texas Department of Transportation 1300 N. TEXAS AVE. • BRYAN, TEXAS 77803-2760 • (409) 778-2165 April 14, 1995 Mr. Edwin Hard, AICP Transportation Planner City of College Station P. 0. Box 9960 College Station, Texas Dear Mr. Hard: 77842-9960 We have received the City's request dated April 10, 1995, requesting assistance in striping of the bike lane on Walton Drive. Since the City of College Station does not have the equipment and personnel to perform the requested striping, the State will agree to assist the City by striping the requested street. The City will be billed at the State's cost for performing this work. Mr. Tommy Moehlman, Traffic Services Supervisor, will contact you to discuss the scheduling of the striping. MAJ:edi Allan N. Pritchard, P.E. Director of Operations Bryan District An Equal Opportunity Employer WALTON DRIVE Consideration of Bike Lanes • Request Submitted By HOA • Safety Concerns with On- Street Parking • Bike Lanes Best Approach • In Accord with Bike Plan/Loop • Walton Residents Not Notified WAL TON DRIVE Bike Lanes • Texas to Nunn, Highest Traffic • Improves Bike/Auto Safety • $2000 Installation Cost • Not Reimburseable, but more local match to leverage WALTON DRIVE Bike Lanes • Texas to Nunn, Highest Traffic • Improves Bike/Auto Safety • $2000 Installation Cost -Not Reimburseable From Grant -Grant amount not reduced, more local $'s to leverage WALTON DRIVE Bike Lanes Cost Estimates • Texas to Nunn, $2000 • Texas to Francis, $3100 • Texas to Gilchrist, $4200 MINUTES Traffic Management Team 2:00 P.M. March 4, 1993 MEMBERS PRESENT: ~rd, G. LewIB, M. Smith, D. Keating, M. Schoenemann. MEMBERS ABSENT: P. Urso italics -means new infonnation since the meeting AGENDA ITEM 1: No Parking Policy Due to the high number of recent requests for No Parking signs, Ed Hard wanted to discuss the City's Policy for installing No Parking signs in order to ensure that all decisions were being made consistently. Mark Smith said that in order for a No Parking sign to be installed it had to pose a public safety problem ... such as a sight distance. For example, if someone is complaining about their neighbors or students parking in front of their house, we could not sign it No Parking it wasn't causing a safety traffic problem. There is nothing to guarantee that someone can park in front of their own house -others can park their if it's not a safety problem. Ed Hard or Paul Urso will give Greg Lewis a date when an area is going to be signed No Parking in order that PD will be aware and they can provide a 10 day grace period before issuing tickets. AGENDA ITEM 2: School Zone Times Ed Hard noted that many of the school zone times currently posted on signs are not the same as what is adopted by ordinance. Mark Smith said he would have Paul Urso go out and change what's wrong. Note that in the meeting it was decided that there would not be an active school zone aper 3:45 anywhere in the City. This is may or may be not the case. Aper taking a closer look I've found different. As soon as I figure out what's right, I'll let PSC know-EH WAL TON DRIVE Consideration of Bike Lanes • Request Submitted By HOA • Safety Concerns with On- Street Parking • Bike Lanes Best Approach • In Accord with Bike Plan/Loop • Walton Residents Not Notified WAL TON DRIVE Bike Lanes • Texas to Nunn, Highest Traffic • Improves Bike/Auto Safety • $2000 Installation Cost • Not Reimburseable, but more local match to leverage WALTON DRIVE Bike Lanes • Texas to Nunn, Highest Traffic • Improves Bike/Auto Safety • $2000 Installation Cost -Not Reimburseable From Grant -Grant amount not reduced, more local $'s to leverage WALTON DRIVE Bike Lanes Cost Estimates • Texas to Nunn, $2000 • Texas to Francis, $3100 • Texas to Gilchrist, $4200