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	<title>Comments for Betsey Buckheit</title>
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	<link>http://betseybuckheit.com</link>
	<description>Council news, local issues, and public policy</description>
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		<title>Comment on Another strategy for making cyclists more obvious to drivers by kiffi summa</title>
		<link>http://betseybuckheit.com/2012/02/20/another-strategy-for-making-cyclists-more-obvious-to-drivers/#comment-3256</link>
		<dc:creator><![CDATA[kiffi summa]]></dc:creator>
		<pubDate>Thu, 23 Feb 2012 13:23:40 +0000</pubDate>
		<guid isPermaLink="false">http://betseybuckheit.com/?p=1844#comment-3256</guid>
		<description><![CDATA[Sean : I am fully in support of Cyclists, and fully realize the disparity in just sheer physical presence between cars and bikes; the only thing I object to is the presumption of fault being assumed to lie with any one party. 
This seems to me to be something we have tried, but not always succeeded, in eradicating from our legal system.

Human nature will always provide for individuals  who are responsible  on both sides of the coin, i.e. car  drivers and bicycle riders; neither should be demonized nor beatified.]]></description>
		<content:encoded><![CDATA[<p>Sean : I am fully in support of Cyclists, and fully realize the disparity in just sheer physical presence between cars and bikes; the only thing I object to is the presumption of fault being assumed to lie with any one party.<br />
This seems to me to be something we have tried, but not always succeeded, in eradicating from our legal system.</p>
<p>Human nature will always provide for individuals  who are responsible  on both sides of the coin, i.e. car  drivers and bicycle riders; neither should be demonized nor beatified.</p>
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		<title>Comment on Another strategy for making cyclists more obvious to drivers by Betsey Buckheit</title>
		<link>http://betseybuckheit.com/2012/02/20/another-strategy-for-making-cyclists-more-obvious-to-drivers/#comment-3251</link>
		<dc:creator><![CDATA[Betsey Buckheit]]></dc:creator>
		<pubDate>Wed, 22 Feb 2012 20:40:11 +0000</pubDate>
		<guid isPermaLink="false">http://betseybuckheit.com/?p=1844#comment-3251</guid>
		<description><![CDATA[I agree we need more education - for cyclists, too.  When we spent a year in Cambridge, England, my daughter&#039;s school had classes for safe cycling which practiced on the busy Cambridge streets to help kids learn how to maneuver in and out of traffic.  

I&#039;m especially grateful for your daughter&#039;s efforts, though, and hope she&#039;s had some success.  Certainly, I&#039;ve been yelled at (and worse) by motorists who&#039;ve believed I had no right to be on the road (even in bike lanes).  Cyclists need law enforcement as an ally in sharing the road.]]></description>
		<content:encoded><![CDATA[<p>I agree we need more education &#8211; for cyclists, too.  When we spent a year in Cambridge, England, my daughter&#8217;s school had classes for safe cycling which practiced on the busy Cambridge streets to help kids learn how to maneuver in and out of traffic.  </p>
<p>I&#8217;m especially grateful for your daughter&#8217;s efforts, though, and hope she&#8217;s had some success.  Certainly, I&#8217;ve been yelled at (and worse) by motorists who&#8217;ve believed I had no right to be on the road (even in bike lanes).  Cyclists need law enforcement as an ally in sharing the road.</p>
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		<title>Comment on Another strategy for making cyclists more obvious to drivers by Sean Hayford O'Leary</title>
		<link>http://betseybuckheit.com/2012/02/20/another-strategy-for-making-cyclists-more-obvious-to-drivers/#comment-3250</link>
		<dc:creator><![CDATA[Sean Hayford O'Leary]]></dc:creator>
		<pubDate>Wed, 22 Feb 2012 18:38:10 +0000</pubDate>
		<guid isPermaLink="false">http://betseybuckheit.com/?p=1844#comment-3250</guid>
		<description><![CDATA[Kiffi: I think you&#039;re missing the point. It&#039;s not a statement that cyclists never do anything wrong. In fact, Denmark (which, along with the Netherlands, is a model for this system) has much &lt;a href=&quot;http://cphpost.dk/news/national/cycling-fines-increase-dramatically-2012&quot; rel=&quot;nofollow&quot;&gt;harsher penalties&lt;/a&gt; for bike offenses than Minnesota. Over a $100 fine for cycling without lights. Nearly $200 for cycling through a red light. This is really a more refined version of the structures we have in place now. Cars carry no-fault insurance, for example, and bicycles -- with their naturally lower capacity to do severe damage -- do not have insurance. Existing provisions in our law also underscore drivers&#039; responsibility. For example, 169.21, Subd. 3(d):

&lt;blockquote&gt;(d) Notwithstanding the other provisions of this section every driver of a vehicle shall (1) exercise due care to avoid colliding with any bicycle or pedestrian upon any roadway [...].&lt;/blockquote&gt;

Strict liability really just gives that sort of statement teeth. It&#039;s not a statement that drivers are always wrong, and bicyclists are always right. Rather, it&#039;s an acknowledgement that cars are far more deadly than bikes, and that most of our structures exist at an automotive scale. It seems only natural to apply a certain level of responsibility to the most powerful road user, even if an accident isn&#039;t their &quot;fault&quot;.

Again, strict liability does not affect the possibility of bicyclists being ticketed. So, at worst, it results in a slight &quot;unfairness&quot; for the driver, failing to react in time to avoid the deviant cyclist or pedestrian. At best (and most likely), the constant vigilance it encourages saves lives.

(An aside: it does generally trouble me that cyclists&#039; alleged irresponsibility comes up nearly every time cycling safety or infrastructure is discussed. This &lt;a href=&quot;http://bikesnobnyc.blogspot.com/2011/10/tolerance-lets-talk-about-your-big-but.html&quot; rel=&quot;nofollow&quot;&gt;popular blog post&lt;/a&gt; describes this phenomenon: &quot;Basically, it&#039;s the &#039;White Man&#039;s Burden&#039; approach to sharing the road--drivers are the great imperialists who must save the savage cyclists from themselves--and it remains the prevailing notion in the United States of the USA to this day.&quot;)]]></description>
		<content:encoded><![CDATA[<p>Kiffi: I think you&#8217;re missing the point. It&#8217;s not a statement that cyclists never do anything wrong. In fact, Denmark (which, along with the Netherlands, is a model for this system) has much <a href="http://cphpost.dk/news/national/cycling-fines-increase-dramatically-2012" rel="nofollow">harsher penalties</a> for bike offenses than Minnesota. Over a $100 fine for cycling without lights. Nearly $200 for cycling through a red light. This is really a more refined version of the structures we have in place now. Cars carry no-fault insurance, for example, and bicycles &#8212; with their naturally lower capacity to do severe damage &#8212; do not have insurance. Existing provisions in our law also underscore drivers&#8217; responsibility. For example, 169.21, Subd. 3(d):</p>
<blockquote><p>(d) Notwithstanding the other provisions of this section every driver of a vehicle shall (1) exercise due care to avoid colliding with any bicycle or pedestrian upon any roadway [...].</p></blockquote>
<p>Strict liability really just gives that sort of statement teeth. It&#8217;s not a statement that drivers are always wrong, and bicyclists are always right. Rather, it&#8217;s an acknowledgement that cars are far more deadly than bikes, and that most of our structures exist at an automotive scale. It seems only natural to apply a certain level of responsibility to the most powerful road user, even if an accident isn&#8217;t their &#8220;fault&#8221;.</p>
<p>Again, strict liability does not affect the possibility of bicyclists being ticketed. So, at worst, it results in a slight &#8220;unfairness&#8221; for the driver, failing to react in time to avoid the deviant cyclist or pedestrian. At best (and most likely), the constant vigilance it encourages saves lives.</p>
<p>(An aside: it does generally trouble me that cyclists&#8217; alleged irresponsibility comes up nearly every time cycling safety or infrastructure is discussed. This <a href="http://bikesnobnyc.blogspot.com/2011/10/tolerance-lets-talk-about-your-big-but.html" rel="nofollow">popular blog post</a> describes this phenomenon: &#8220;Basically, it&#8217;s the &#8216;White Man&#8217;s Burden&#8217; approach to sharing the road&#8211;drivers are the great imperialists who must save the savage cyclists from themselves&#8211;and it remains the prevailing notion in the United States of the USA to this day.&#8221;)</p>
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		<title>Comment on Another strategy for making cyclists more obvious to drivers by Joe DeLory</title>
		<link>http://betseybuckheit.com/2012/02/20/another-strategy-for-making-cyclists-more-obvious-to-drivers/#comment-3248</link>
		<dc:creator><![CDATA[Joe DeLory]]></dc:creator>
		<pubDate>Wed, 22 Feb 2012 18:09:34 +0000</pubDate>
		<guid isPermaLink="false">http://betseybuckheit.com/?p=1844#comment-3248</guid>
		<description><![CDATA[I have seen too many cyclists totally ignore traffic protocol. At times to their own detriment. What we do however need is education, especially within law enforcement that the cyclist is not automatically at fault just for being on the road. My daughter had to initiate this &quot;education&quot; for some of the deputies in her own department.]]></description>
		<content:encoded><![CDATA[<p>I have seen too many cyclists totally ignore traffic protocol. At times to their own detriment. What we do however need is education, especially within law enforcement that the cyclist is not automatically at fault just for being on the road. My daughter had to initiate this &#8220;education&#8221; for some of the deputies in her own department.</p>
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		<title>Comment on Another strategy for making cyclists more obvious to drivers by kiffi summa</title>
		<link>http://betseybuckheit.com/2012/02/20/another-strategy-for-making-cyclists-more-obvious-to-drivers/#comment-3245</link>
		<dc:creator><![CDATA[kiffi summa]]></dc:creator>
		<pubDate>Tue, 21 Feb 2012 14:34:40 +0000</pubDate>
		<guid isPermaLink="false">http://betseybuckheit.com/?p=1844#comment-3245</guid>
		<description><![CDATA[Sorry to disagree, but it seems like a perversion of a legal  system if , in any kind of case, one party is &quot;presumed&quot; to have been at fault... kind of takes away the &#039;innocent until proven guilty&#039; concept, doesn&#039;t it?

 I think we have to NOT put presumed blame on all drivers of cars, and presumed virtue on all riders of bicycles; that is an unfair assumption.

Some bicycle riders ignore traffic signals, whiz through stop signs even when a  car that has been stopped is beginning to cross the intersection, turn in front of slowly moving cars, and make other riding decisions that seem to presume a more agile vehicle   having a right to maneuver in a possibly unsafe manner.

I think the facts must always take precedence; presumption is a dangerous mode, both in driving or matters of law.]]></description>
		<content:encoded><![CDATA[<p>Sorry to disagree, but it seems like a perversion of a legal  system if , in any kind of case, one party is &#8220;presumed&#8221; to have been at fault&#8230; kind of takes away the &#8216;innocent until proven guilty&#8217; concept, doesn&#8217;t it?</p>
<p> I think we have to NOT put presumed blame on all drivers of cars, and presumed virtue on all riders of bicycles; that is an unfair assumption.</p>
<p>Some bicycle riders ignore traffic signals, whiz through stop signs even when a  car that has been stopped is beginning to cross the intersection, turn in front of slowly moving cars, and make other riding decisions that seem to presume a more agile vehicle   having a right to maneuver in a possibly unsafe manner.</p>
<p>I think the facts must always take precedence; presumption is a dangerous mode, both in driving or matters of law.</p>
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		<title>Comment on Land development code issues by Land development code issues &#8211; update &#124; Betsey Buckheit</title>
		<link>http://betseybuckheit.com/2012/02/02/land-development-code-issues/#comment-3051</link>
		<dc:creator><![CDATA[Land development code issues &#8211; update &#124; Betsey Buckheit]]></dc:creator>
		<pubDate>Thu, 09 Feb 2012 00:16:45 +0000</pubDate>
		<guid isPermaLink="false">http://betseybuckheit.com/?p=1819#comment-3051</guid>
		<description><![CDATA[[...] Post navigation &#8592; Previous [...]]]></description>
		<content:encoded><![CDATA[<p>[...] Post navigation &larr; Previous [...]</p>
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		<title>Comment on Land development code issues by kiffi summa</title>
		<link>http://betseybuckheit.com/2012/02/02/land-development-code-issues/#comment-2903</link>
		<dc:creator><![CDATA[kiffi summa]]></dc:creator>
		<pubDate>Fri, 03 Feb 2012 15:09:19 +0000</pubDate>
		<guid isPermaLink="false">http://betseybuckheit.com/?p=1819#comment-2903</guid>
		<description><![CDATA[Understand and could easily argue all sides here... BUT... professional city staff, legal entities/advisors, Council, ALL caution at various times about setting &quot;precedent&quot;.

So does not setting this &#039;precedent&#039; allow all structures, even if they violate the structural restrictions of the LDC, to move forward until such time as a more specific wording is arrived at... and won&#039;t the same argument about financial harm to both builder and client occur then when some project overlaps the time frame?]]></description>
		<content:encoded><![CDATA[<p>Understand and could easily argue all sides here&#8230; BUT&#8230; professional city staff, legal entities/advisors, Council, ALL caution at various times about setting &#8220;precedent&#8221;.</p>
<p>So does not setting this &#8216;precedent&#8217; allow all structures, even if they violate the structural restrictions of the LDC, to move forward until such time as a more specific wording is arrived at&#8230; and won&#8217;t the same argument about financial harm to both builder and client occur then when some project overlaps the time frame?</p>
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		<title>Comment on More about bicycling by Sean Hayford O'Leary</title>
		<link>http://betseybuckheit.com/2012/01/29/more-about-bicycling/#comment-2876</link>
		<dc:creator><![CDATA[Sean Hayford O'Leary]]></dc:creator>
		<pubDate>Thu, 02 Feb 2012 22:57:35 +0000</pubDate>
		<guid isPermaLink="false">http://betseybuckheit.com/?p=1784#comment-2876</guid>
		<description><![CDATA[(Regarding the bike lane video) Fortunately, Minnesota law does not require bicyclists to ride in the bike lane -- only &quot;as far right as practicable&quot; on the &quot;roadway&quot; (a misleading term, since that kind of sounds like the entire roadbed/paved surface, but is actually &lt;a href=&quot;https://www.revisor.mn.gov/statutes/?id=169.011&quot; rel=&quot;nofollow&quot;&gt;defined&lt;/a&gt; as the vehicle travel lanes.)

That said, I know that in practice, drivers can become quite irritable if a bicyclist is in their way if a bike lane (or parking lane, or even sidewalk) is available. One general strike for bike lanes, but that other site you link to makes a &lt;a href=&quot;http://bicyclesafe.com/eci.html&quot; rel=&quot;nofollow&quot;&gt;good point&lt;/a&gt;: &quot;the #1 reason that more people don&#039;t ride is because they think cycling is dangerous, and [...] the #1 thing that would make them more comfortable is bike lanes&quot;]]></description>
		<content:encoded><![CDATA[<p>(Regarding the bike lane video) Fortunately, Minnesota law does not require bicyclists to ride in the bike lane &#8212; only &#8220;as far right as practicable&#8221; on the &#8220;roadway&#8221; (a misleading term, since that kind of sounds like the entire roadbed/paved surface, but is actually <a href="https://www.revisor.mn.gov/statutes/?id=169.011" rel="nofollow">defined</a> as the vehicle travel lanes.)</p>
<p>That said, I know that in practice, drivers can become quite irritable if a bicyclist is in their way if a bike lane (or parking lane, or even sidewalk) is available. One general strike for bike lanes, but that other site you link to makes a <a href="http://bicyclesafe.com/eci.html" rel="nofollow">good point</a>: &#8220;the #1 reason that more people don&#8217;t ride is because they think cycling is dangerous, and [...] the #1 thing that would make them more comfortable is bike lanes&#8221;</p>
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		<title>Comment on Redistricting questions by Betsey Buckheit</title>
		<link>http://betseybuckheit.com/2012/01/28/redistricting-questions/#comment-2843</link>
		<dc:creator><![CDATA[Betsey Buckheit]]></dc:creator>
		<pubDate>Wed, 01 Feb 2012 16:14:09 +0000</pubDate>
		<guid isPermaLink="false">http://betseybuckheit.com/?p=1790#comment-2843</guid>
		<description><![CDATA[I agree, Kiffi - both that changes to the ward system should go to the voters and that the common good should be our guiding policy.  In practice, much depends on the energy and effectiveness of the Council members at the time and their willingness to learn, listen and take action.]]></description>
		<content:encoded><![CDATA[<p>I agree, Kiffi &#8211; both that changes to the ward system should go to the voters and that the common good should be our guiding policy.  In practice, much depends on the energy and effectiveness of the Council members at the time and their willingness to learn, listen and take action.</p>
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		<title>Comment on Redistricting questions by kiffi summa</title>
		<link>http://betseybuckheit.com/2012/01/28/redistricting-questions/#comment-2803</link>
		<dc:creator><![CDATA[kiffi summa]]></dc:creator>
		<pubDate>Tue, 31 Jan 2012 00:35:53 +0000</pubDate>
		<guid isPermaLink="false">http://betseybuckheit.com/?p=1790#comment-2803</guid>
		<description><![CDATA[I think it is possible to argue both sides of this issue with great ease, and that just reinforces the idea that it is a  change that should definitely go to a full public vote.

But let&#039;s  just look at the most basic underlying principle: I would think that a ward representative, regardless of how strong the feeling for their ward&#039;s specific needs are, should never violate any of the principles of the city&#039;s governing documents... Right?

So that says, the common good  trumps all...

But that does not mean that any at-large rep cannot take on a cause that needs to be represented for a neighborhood, even the same cause for two neighborhoods: i.e. that could be off campus student housing on the east and west sides of town;
and,
All of our manufactured housing (trailer parks) are now located  on the northern edge of town; that is an underserved/underrepresented community that should be more fully represented by all councilors. 

So that says the emphasis can shift around, and be taken up by any number of councilors.

There&#039;s nothing to say that an at-large rep cannot pay close attention to the needs of their own neighborhood;
but,
I think the need for a &#039;common good&#039; policy which benefits all, should be the strongest policy directive for each and every councilor.]]></description>
		<content:encoded><![CDATA[<p>I think it is possible to argue both sides of this issue with great ease, and that just reinforces the idea that it is a  change that should definitely go to a full public vote.</p>
<p>But let&#8217;s  just look at the most basic underlying principle: I would think that a ward representative, regardless of how strong the feeling for their ward&#8217;s specific needs are, should never violate any of the principles of the city&#8217;s governing documents&#8230; Right?</p>
<p>So that says, the common good  trumps all&#8230;</p>
<p>But that does not mean that any at-large rep cannot take on a cause that needs to be represented for a neighborhood, even the same cause for two neighborhoods: i.e. that could be off campus student housing on the east and west sides of town;<br />
and,<br />
All of our manufactured housing (trailer parks) are now located  on the northern edge of town; that is an underserved/underrepresented community that should be more fully represented by all councilors. </p>
<p>So that says the emphasis can shift around, and be taken up by any number of councilors.</p>
<p>There&#8217;s nothing to say that an at-large rep cannot pay close attention to the needs of their own neighborhood;<br />
but,<br />
I think the need for a &#8216;common good&#8217; policy which benefits all, should be the strongest policy directive for each and every councilor.</p>
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