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Home My WebLink About2.b. Bird Micromobility Electric Scooter Discussion EXECUTIVE SUMMARY City Council Work Session: June 7, 2022 AGENDA ITEM: Bird Micromobility Electric Scooter Discussion AGENDA SECTION: Discussion PREPARED BY: Adam Kienberger, Community Development Director AGENDA NO . 2.b. ATTACHMENTS: Slide deck, sample ordinance, related news coverage APPROVED BY: LJM RECOMMENDED ACTION: None, discussion only BACKGROUND Micromobility electric scooter sharing company Bird, reached out to staff to explore an opportunity to offer their service within Rosemount. Staff received a presentation (attached) and forwarded the item to the Technology Task Force for a recommendation at their May 11, 2022 meeting. The City of Hastings recently entered into a licensing agreement with Bird along with modifications to their city code to address the topic of micromobility vehicles, e-bikes and similar devices and licensing. Staff have attached a copy of their ordinance language for review. The Technology Task Force received a presentation by a Bird company representative at their May 11, 2022 meeting, asked several questions, and made a recommendation to support the idea and have staff follow up with next steps. The Tech Task Force recommended inquiring with other cities that have operating agreements with Bird and noted a desire to allow usage on city trails. 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By Erin Adler (https://www.startribune.com/erin-adler/6370491/) Star Tribune FEBRUARY 25, 2022 — 3:48PM Hastings will feature electric scooters for rent in its historic downtown starting this spring, as part of a national scooter operator's efforts to offer them in cities of all sizes. Fifty Bird scooters will be available in Hastings for tooling around downtown or on nearby trails, said John Hinzman, the city's community development director. "We're happy to have them here," Hinzman said. "There's some excitement about [the scooters]." The scooters will likely arrive in about five weeks, but that's dependent on weather, he said. The City Council approved regulations for the scooters and their rental at a meeting earlier this month. On Tuesday, the city approved Bird's license for the scooters, he said. The license agreement extends through the end of the year. Bird will pay the city $500 for the license plus $50 for each scooter — a total of $3,000, Hinzman said. Bird spokeswoman Lily Gordon said the company will start by bringing 50 scooters to Hastings and add more over time. She said Bird chose Hastings because of the "community's investment into their bicycle and pedestrian networks," which fits with the company's focus on providing eco-friendly, low-emission transportation options as alternatives to gas-powered car trips. The Hastings expansion is part of Bird's effort to bring scooters into cities of all sizes, Gordon said. Bird has scooters in nearly a dozen Minnesota cities, she said, and Bird promotional materials listed Duluth, New Ulm, Marshall and Albert Lea as examples. Minneapolis and St. Paul have both had Bird scooters in previous years. The scooters cost $1 per minute and require users to download an app, sign an agreement, pay with a credit card and complete a tutorial. Hinzman said the scooters could be appealing to people who arrive in Hastings by boat, docking at marina slips on the Mississippi River. They could take a scooter across the bridge to downtown businesses, he said, and it would be quicker than walking. Port of Hastings Outfitters rents electric bikes, Hinzman said, but the city has not had scooters yet. City Council Member Jen Fox is a co-owner of Spiral Brewery, located in downtown Hastings. She said she thinks the scooters will be a draw for people from around the metro area. "I am so excited about them," she said. "I think that this is a fun new avenue for tourism." Erin Adler is a suburban reporter covering Dakota and Scott counties for the Star Tribune, working breaking news shifts on Sundays. She previously spent three years covering K-12 education in the south metro and five months covering Carver County. erin.adler@startribune.com 612-673-1781 erinStrib GLEN STUBBE, STAR TRIBUNE FILE Sophie Konewko and Megan Albers took two Bird scooters for a ride through downtown Minneapolis recently. 5/31/22, 1:30 PM Scooters to roll into downtown Hastings this spring - StarTribune.com https://www.startribune.com/scooters-to-roll-into-downtown-hastings-this-spring/600150602/2/2 5/31/22, 1:31 PM Lime scooters returning to St. Paul, but bike sharing not yet set https://www.twincities.com/2022/05/15/lime-scooters-to-return-to-st-paul-but-bike-sharing-remains-an-unknown/1/3 By By FREDERICK MELOFREDERICKMELOFREDERICK MELO | | | fmelo@pioneerpress.comfmelo@pioneerpress.com | Pioneer Press | Pioneer Press PUBLISHED: PUBLISHED: May 15, 2022 at 6:07 a.m.May 15, 2022 at 6:07 a.m.| UPDATED: | UPDATED: May 15, 2022 at 3:00 p.m.May 15, 2022 at 3:00 p.m. Bird and Lime scooters await riders outside Landmark Center in downtown St.Paul inBird and Lime scooters await riders outside Landmark Center in downtown St. Paul in August 2018. City officials ordered the scooters removed from streets in July 2018August 2018. City officials ordered the scooters removed from streets in July 2018 while they studied how to deal with such rental-vehicle deployments, but docklesswhile they studied how to deal with such rental-vehicle deployments, but dockless scooter-sharing was soon allowed to return for the season. (Julio Ojeda-Zapata /scooter-sharing was soon allowed to return for the season. (Julio Ojeda-Zapata / Pioneer Press)Pioneer Press) The St. Paul City Council is poised to enter into a five-year agreement with LimeThe St. Paul City Council is poised to enter into a five-year agreement with Lime to bring e-scooters back to the capital city.to bring e-scooters back to the capital city. BUSINESSBUSINESS Lime scooters to return to St. Paul, but bike sharing remains an unknown 5/31/22, 1:31 PM Lime scooters returning to St. Paul, but bike sharing not yet set https://www.twincities.com/2022/05/15/lime-scooters-to-return-to-st-paul-but-bike-sharing-remains-an-unknown/2/3 The council on Wednesday is scheduled to vote on whether to approve anThe council on Wednesday is scheduled to vote on whether to approve an agreement with the San Francisco-based vendor to provide electric-assistagreement with the San Francisco-based vendor to provide electric-assist scooters for 2022, with the option to renew for four additional one-year termsscooters for 2022, with the option to renew for four additional one-year terms upon mutual agreement. St. Paul has permitted e-scooter sharing programsupon mutual agreement. St. Paul has permitted e-scooter sharing programs since 2018, when since 2018, when Lime and a major competitor, Santa Monica, Calif.-based Bird,jj ppppLime and a major competitor, Santa Monica, Calif.-based Bird, flew into the Twin Cities market unlicensedflew into the Twin Cities market unlicensed by the multiple municipalities in by the multiple municipalities in which they operate.which they operate. Both companies later sought permission — more so than forgiveness — andBoth companies later sought permission — more so than forgiveness — and have operated on year-to-year agreements reviewed by the city council, St. Paulhave operated on year-to-year agreements reviewed by the city council, St. Paul Public Works and other powers that be at City Hall.Public Works and other powers that be at City Hall. City officials have not indicated whether e-bikes or Bird scooters will also rollCity officials have not indicated whether e-bikes or Bird scooters will also roll back into town, but they did confirm on Thursday that they are in conversationback into town, but they did confirm on Thursday that they are in conversation with several shared mobility vendors. While Nice Ride, a nonprofit bike-sharingwith several shared mobility vendors. While Nice Ride, a nonprofit bike-sharing vendor and Lyft affiliate, continues to roll through Minneapolis, St. Paul hasn’tvendor and Lyft affiliate, continues to roll through Minneapolis, St. Paul hasn’t hosted bike-sharing — hosted bike-sharing — either e-bikes or more traditional Nice Ride bikeseither e-bikes or more traditional Nice Ride bikes either e-bikes or more traditional Nice Ride bikes — since — since 2019.2019. Last fall, the city entered into a memorandum of understanding withLast fall, the city entered into a memorandum of understanding with Minneapolis to participate in a joint solicitation program, with the goal toMinneapolis to participate in a joint solicitation program, with the goal to coordinate similar offerings on either side of the Mississippi River. Lime has alsocoordinate similar offerings on either side of the Mississippi River. Lime has also returned to Minneapolis.returned to Minneapolis. “Each of us is putting together separate contracts,” said Lisa Hiebert, a“Each of us is putting together separate contracts,” said Lisa Hiebert, a spokesperson for St. Paul Public Works. “We’re hopeful that we’ll have a scooterspokesperson for St. Paul Public Works. “We’re hopeful that we’ll have a scooter and a bike-sharing program in St. Paul this year.”and a bike-sharing program in St. Paul this year.” The written resolution that the city council will vote upon next week calls e-The written resolution that the city council will vote upon next week calls e- scooters an “emerging new mobility option that has proven very popular in otherscooters an “emerging new mobility option that has proven very popular in other cities across the U.S. and internationally for moving around town using a low-cities across the U.S. and internationally for moving around town using a low- carbon mobility option” and “an important and valuable transportation servicecarbon mobility option” and “an important and valuable transportation service for St. Paul residents and visitors.”for St. Paul residents and visitors.” Among the details, Lime will pay the city a trip fee of 10 cents per trip for everyAmong the details, Lime will pay the city a trip fee of 10 cents per trip for every trip that begins or ends within the city. Those fees are paid to St. Paul on atrip that begins or ends within the city. Those fees are paid to St. Paul on a monthly basis.monthly basis. In addition to regular trip fees, Lime will pay a “park impact fee” of 20 cents perIn addition to regular trip fees, Lime will pay a “park impact fee” of 20 cents per scooter for all trips that begin or end on city parkland. The city will also bescooter for all trips that begin or end on city parkland. The city will also be reimbursed for staff time spent relocating or removing scooters from prohibitedreimbursed for staff time spent relocating or removing scooters from prohibited locations, at the rate of $35 per scooter, as well as a $20-per-day storage rate atlocations, at the rate of $35 per scooter, as well as a $20-per-day storage rate at the city’s Dale Street Public Works facility.the city’s Dale Street Public Works facility. 5/31/22, 1:31 PM Lime scooters returning to St. Paul, but bike sharing not yet set https://www.twincities.com/2022/05/15/lime-scooters-to-return-to-st-paul-but-bike-sharing-remains-an-unknown/3/3 Join the ConversationJoin the Conversation We invite you to use our commenting platform to engage in insightfulWe invite you to use our commenting platform to engage in insightful conversations about issues in our community. We reserve the right atconversations about issues in our community. We reserve the right at all times to remove any information or materials that are unlawful,all times to remove any information or materials that are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar,threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable to us, andpornographic, profane, indecent or otherwise objectionable to us, and to disclose any information necessary to satisfy the law, regulation, orto disclose any information necessary to satisfy the law, regulation, or government request. We might permanently block any user whogovernment request. We might permanently block any user who abuses these conditions.abuses these conditions. However, unless a scooter is impeding maintenance work or city operations, theHowever, unless a scooter is impeding maintenance work or city operations, the city is expected to notify Lime of the issue before relocating the scooter to ancity is expected to notify Lime of the issue before relocating the scooter to an allowed location. Lime will then have two hours to comply, or 10 hours for issuesallowed location. Lime will then have two hours to comply, or 10 hours for issues reported between 8 p.m. and 6 a.m.reported between 8 p.m. and 6 a.m. Frederick MeloFrederick Melo | St. Paul reporter| St. Paul reporter Frederick Melo was once sued by a reader for $2 million but keptFrederick Melo was once sued by a reader for $2 million but kept on writing. He came to the Pioneer Press in 2005 and brings a testyon writing. He came to the Pioneer Press in 2005 and brings a testy East Coast attitude to St. Paul beat reporting. He spent nearly sixEast Coast attitude to St. Paul beat reporting. He spent nearly six years covering crime in the Dakota County courts before switching focus to theyears covering crime in the Dakota County courts before switching focus to the St. Paul mayor's office, city council, and all things neighborhood-related, fromSt. Paul mayor's office, city council, and all things neighborhood-related, from the city 's churches to its parks and light rail. A resident of Hamline-Midway, hethe city's churches to its parks and light rail. A resident of Hamline-Midway, he is married to a Frogtown woman. He Tweets with manic intensity atis married to a Frogtown woman. He Tweets with manic intensity at @FrederickMelo.@FrederickMelo. fmelo@pioneerpress.comfmelo@pioneerpress.com  Follow Frederick MeloFollow Frederick Melo @FrederickMelo@FrederickMelo Tags:bTags:b MinneapolisMinneapolisss,,,St. PaulSt. Paul St. Paul ,,TransportationTransportation ORDINANCE NO. XXX AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, ENACTING HASTINGS CITY CODE CHAPTER 70, SECTION 70.09 REGARDING MICROMOBILITY VEHICLES AND ESTABLISHING A FEE FOR MICROMOBILITY SHARING SERVICES The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain as follows: SECTION 1. ENACTMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 70, Section 70.09: Micromobility Vehicles, shall be enacted as follows: A. Purpose. State laws and the provisions of this chapter shall govern the operation of Micromobility Vehicles upon any street, roadway, parkland, or right-of-way within the City. B. Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BICYCLE. As used in this chapter shall have the meaning specified in Minn. Stat., § 169.011, subd. 4, as amended. ELECTRIC-ASSISTED BICYCLE. As used in this chapter shall have the meaning specified in Minn. Stat., § 169.011, subd. 27, as amended. IMPOUNDMENT or IMPOUND. As used in this chapter means removal of a Micromobility Vehicle to a storage facility or designated impound location by the City or a licensed City contractor in response to authorization from a police officer, traffic control agent, or other City employee who is designated by the City Administrator to act under this section. LICENSE AGREEMENT or LICENSE. As used in this chapter shall mean a written contract or agreement issued by the City Administrator or their designee, with approval by the City Council. MICROMOBILITY VEHICLE. As used in this chapter shall include bicycles, electric- assisted bicycles, motorized foot scooters, and any other transportation device identified as a micromobility vehicle pursuant to City Council action. MOTORIZED FOOT SCOOTER or SCOOTER. As used in this chapter shall have the meaning specified in Minn. Stat., § 169.011, subd. 46, as amended. MICROMOBILITY SHARING or MICROMOBILITY SHARING SERVICE. As used in this chapter shall mean any rental or lending service that: i. Allows riders to temporarily use micromobility vehicles available from a fleet in exchange for a fee or other form of direct or indirect compensation; and ii. Encourages, allows, or is susceptible to motorized foot scooter vending, renting or lending from City-maintained right-of-way or other City property. iii. A Micromobility Vehicle may be deemed to be part of a Micromobility Sharing Service based on any of the following: marketing or advertising associated with a business logo attached to the device; marketing or advertising associated with the overall appearance of the device; the existence of a locking mechanism that can be unlocked for a fee or other form of direct or indirect compensation; or any other indicator that would lead a reasonable person to believe that the device is used for Micromobility Sharing as defined in this chapter. C. License and License Agreement Required. Notwithstanding any other provision to the contrary, no person or entity shall engage in a Micromobility Sharing Service in City- right- of-way or other City property without obtaining a license from the City and entering into a license agreement. Any Micromobility Vehicle that is not required to be part of a Micromobility Sharing Service and license agreement under this chapter shall be deemed a personal Micromobility Vehicle. Any person in possession of a personal Micromobility Vehicle may ride such vehicle into and through the City, subject to all applicable state and local laws and rules. D. License Application. License applications shall be submitted pursuant to City Code Chapter 110. E. License limitations. The City may limit the number of devices that a Micromobility Sharing Service is permitted to operate. In making the determination of the number of devices that are permitted to operate, the City shall consider the City’s ability to: 1. Maintain the integrity of the City’s entire transportation system; 2. Keep rights-of-way, trails, and park walkways free and clear of unnecessary obstructions; and 3. To protect the health, safety, and welfare of the residents of the City. F. Impounding Authorized. 1. A Micromobility Vehicle may be immediately impounded by any traffic officer or duly authorized city employee because: i. The Micromobility Vehicle was found attached or secured to a bicycle rack, or any other immovable object in the right-of-way, unless expressly permitted by the license issued to the Micromobility Sharing Service. ii. The Micromobility Vehicle was found unattended and blocking traffic or public infrastructure, illegally parked, interfering with maintenance of the right-of-way or parkland, or otherwise compromising public safety. iii. The Micromobility Vehicle is part of an unlicensed Micromobility Sharing Service. iv. The Micromobility Vehicle is deemed to be part of a Micromobility Sharing Service and it is left unattended on private property. Impoundment shall not occur unless a request to remove the Micromobility Vehicle is made to the Micromobility Sharing Service by the private property owner or authorized representative of such property and the Micromobility Vehicle is not removed within forty-eight (48) hours. v. The Micromobility Vehicle is in violation of one or more of the terms of the City-issued license or is in violation of one or more of the terms of this chapter. 2. Not more than seventy-two (72) hours after impounding of a Micromobility Vehicle, the City shall provide notice to the owner if identifiable. If the Micromobility Vehicle is redeemed prior to the notice, or if the City is unable to identify the owner, then notice need not be sent. Saturdays, Sundays and City holidays are to be excluded from the calculation of the seventy-two-hour period. 3. All Micromobility Vehicles impounded under this section are subject to an impound fee sufficient to offset the City’s costs of enforcement and storage for each device. 4. Any Micromobility Vehicle coming into the possession of the City and remaining unclaimed by the owner for a period of at least sixty (60) days may be sold at public auction or sale following reasonable notice. G. Equipment requirements. When used as part of a Micromobility Sharing Service, each Micromobility Vehicle must meet the applicable federal and state safety standards set forth for the particular device. Each Micromobility Vehicle must comply with the applicable registration requirements and must be equipped with technology such as GPS, that allows the Micromobility Vehicle to be located and tracked by the Micromobility Sharing Service and the City. Each Micromobility Vehicle must include contact information for the Micromobility Sharing Service. H. Compliance with Laws. Micromobility Vehicle operators and consumers shall comply with all applicable federal, state, and local laws, as they may be amended from time to time. The operation of a Micromobility Vehicle upon a public street, alley, highway, sidewalk, or other public property in the City shall be governed by the corresponding provisions of Minn. Stat., Chapter 169. I. Control of Right-of-Way. Licenses issued pursuant to this chapter shall not operate so as to transfer ownership or control of the public right-of-way to Micromobility Vehicle operators, or to any other party. J. Enforcement. In addition to any other remedy available at equity or law, failure to comply with the provisions of this section, or with the terms of any license issued pursuant hereto, may result in impoundment as provided in this chapter, license termination, suspension or cancellation, administrative fines, restrictions, or other penalties as provided herein. SECTION 2. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 34, City Fees shall be amended by adding the following fee: Micromobility Sharing Service License $500 annual license (calendar year) + $50/vehicle Micromobility Impound Charge $50 Initial Impound Fee/vehicle $20 Per day/vehicle SECTION 3. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The text adopted by the Hastings City Council on February 7, 2022 modifies the City Code to allow the licensing of Micromobility Vehicle Sharing Services in the City and establish a license fee. SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this 7th day of February, 2022. Mary Fasbender, Mayor Attest: Kelly Murtaugh, City Clerk Published in the Hastings Journal on February 10, 2022