Boulder City Council approves e-bikes east of Broadway

The Boulder City Council meeting on June 1 was the last stop for the consideration of allowing e-bikes on Boulder's Open Space and Mountain Parks (OSMP) trails, a process that took 18 months.

Boulder City Council members present were Matt Benjamin, Mayor Aaron Brockett, Lauren Folkerts, Rachel Friend, Junie Joseph, Nicole Speer, Tara Winer and Bob Yates. Mayor Pro Tem Mark Wallach was not present.

At the beginning of the hearing regarding e-bikes council member Rachel Friend recused herself without explanation and left the room for the remainder of the meeting.

The city council members were faced with a disagreement between recommendations coming from OSMP staff, and OSMP's advisory board, the Open Space Board of Trustees (OSBT). OSMP staff recommended the adoption of regulations which would allow Class 1 and Class 2 e-bikes on trails that are in the plains (east of Broadway and US Highway 36) and in Boulder Canyon. This is known as Alternative B.

The OSBT wanted to allow e-bikes only on OSMP trails that are part of regional trails that pass through other jurisdictions, such as Boulder County open space, that allow e-bikes. The crux of the disagreement was the definition of "passive recreation" as used in the open space charter and the Visitor Master Plan (VMP).

OSMP staff gave a brief presentation providing an overview of the process leading up to this point and presented two draft ordinances for the council to choose from, one for the OSMP recommendation and one for the OSBT recommendation.

Two current OSBT trustees spoke and provided their points of view.

Trustee Michelle Estrella presented the minority opinion of the OSBT's rejection of the OSMP staff recommendation. The minority side of the OSBT vote wanted to approve Alternative B in addition to adding more trails west of Broadway including Chapman Drive, Wonderland Lake and the Foothills South trail. They named this Alternative B+.

OSBT trustee Dave Kuntz presented the majority view of the OSBT. The majority defined passive recreation as the use by pedestrians, horses and bicycles. They considered e-bikes to be motorized vehicles, and not "passive recreation," which are not allowed on open space trails except by authorized persons. Colorado state law does not include Class 1 and Class 2 e-bikes, which do not provide motorized assistance over 20 mph, in the definition of "motor vehicle."

The city council then asked questions of OSMP staff and the OSBT representatives.

Council member Lauren Folkerts pointed out that Alternative B+ would be hard to enforce, and it would be simpler if e-bikes were only allowed on trails east of Broadway. Folkerts also brought up the current uses of motorized equipment in open space, asking, "Do we use chainsaws or go with the old fashioned way of hand saws?" OSMP senior manager Kacey French answered with humor saying, "I'm pretty sure they use chainsaws."

Council member Tara Winer brought up other jurisdictions that allow e-bikes, namely Jefferson County and Boulder County. French responded that both jurisdictions have done pilot studies and have gathered operational data that show that allowing e-bikes has not increased conflict or accidents. French also noted, "Boulder County Parks and Open Space found that speed doesn't really differ by bike types."

When Boulder Mayor Aaron Brockett asked further about e-bike conflicts, Principal Planner and Niwot resident Marni Ratzel, who led the project for OSMP staff, answered that the studies have shown that e-bikes "are not increasing citations, medical incidents or complaints."

Following public testimony from speakers who nearly all opposed e-bikes, the Boulder City Council quickly heard a motion to accept the OSMP staff recommended ordinance. The roll call vote gave unanimous approval. The council then voted to show staff their preference between Alternatives B and B+. The vote was 5 to 2 in favor of Alternative B+, which would expand the areas where e-bikes are allowed even more.

All trails that would allow e-bikes currently allow non-electric bikes as well. OSMP staff will implement the ordinance allowing broader use of e-bikes, and pledged to monitor e-bike use and adapt policies as needed, as they do with all OSMP land use.