Vote adds scrutiny to proposed e-bike policy in Colorado Springs

A policy expanding electric bike access on Colorado Springs trails fell short of its first vote of endorsement Wednesday, with a board committed to city open spaces opting instead to amend a proposed ordinance that aimed to classify the motor-assisted bikes as "non-motorized use."

Another parks board is set to review the proposal ahead of City Council in the next steps of an increasingly complicated issue over the increasingly popular e-bikes.

"It's a complicated spider web," said Jeff Davis, among members of the Trails, Open Space and Parks (TOPS) working committee who grimaced, sighed and scratched their heads during a three-hour discussion.

Davis was among TOPS advocates who recognized e-bikes already out on trails, increasing in numbers over the years despite city rules against them. Davis was among those who praised parks department leadership for finally seeking a policy after several years of debate while other Front Range land managers set rules of their own.

And Davis was among people at Wednesday's meeting questioning the way to set that policy.

Parks department officials had previously said a ballot question would be needed to allow e-bikes in places like Red Rock Canyon, Ute Valley Park and Stratton and Blodgett open spaces — some destinations funded by the 1997 voter-approved TOPS ordinance. The voter-approved ordinance, authorizing sales tax revenue to fund parkland, bans motorized vehicles in TOPS properties, critics of the e-bike policy proposal have pointed out.

The proposal was presented last month, with the support of Mayor Yemi Mobolade and guidance from the City Attorney's Office. The guidance suggests an update to city code regarding the entire parks system beyond TOPS properties — "providing definitions and structure," said a lawyer representing the city at the recent TOPS meeting.

The proposal called for certain e-bikes, Class 1 and 2, being deemed "non-motorized use," while Class 3 e-bikes capable of more motor-assisted speed would be banned from trails and deemed "motorized use." (Parks staff nixed e-scooters for consideration on all trails with Class 1 e-bikes, as previously presented.)

"I think there's a lot of people in our community that would look at this language and think basically what we're doing is taking a general understanding of motorized use and saying, 'No, it's not," said TOPS working committee member Bob Shafer. "I think this is a poison pill if we include this in our city statutes."

The committee voted 6-1 to strike the "non-motorized use" definitions.

Asked what the move would signal to the Parks, Recreation and Cultural Services Advisory Board in its consideration slated for next week, "I would say you're giving them an incomplete answer," said department Director Britt Haley.

"It does something," she said of the committee's decision. "But I'm not sure it helps staff or the parks board get further, because so much of our system is funded one way or another through the TOPS program."

At the recent meeting, critics continued to call for a vote of the people.

Said one longtime parks advocate, Shanti Toll: "To have (TOPS) changed by lawyers instead of by a vote just doesn't look good."

But Trails and Open Space Executive Director Susan Davies cautioned against a ballot question.

"Who runs that campaign? Who comes up with the money for that campaign?" she asked. "And how do we make sure that doesn't become a vote on people just not liking bikes on our TOPS trails? We have real concerns about what it could evolve into."

Her organization along with Colorado Springs Mountain Bike Association and the mayor have emphasized e-bike access as a matter of equity and inclusion — opening up possibilities for aging cyclists and people with disabilities. For all the talk about enforcement, proponents say that talk threatens to demonize e-bike riders when behavior is what matters, not the bike.

Parks leadership again pledged enforcement and education at the recent TOPS meeting, with specifics to be determined after a policy was approved. Access would be "rolled out in phases," officials said, noting "due diligence" regarding conservation easements and deed restrictions that cover most TOPS properties.

Amid that due diligence, maybe there could be more public discussion about where e-bikes should be, suggested Davis of the TOPS working committee.

"I want all this done, I want it in the books, and I want users and the community to have clear guidance," he said. "But I'm anxious about derailing the entire effort by getting tripped up on some of these things."

Haley sympathized, reflecting on early e-bike talks between staff.

"You're kind of in the shoes we've been wearing since 2018 in trying to map a way forward," she told the committee. "It's not an easy task."