Two former Colorado Springs City Councilors – Richard Skorman and Wayne Williams – are asking the current Colorado Springs City Council to refer recent changes allowing electronic bikes on city trails to voters.
“When we put the TOPS [Trails, Open Space and Parks] ordinance together back then, it was very specific that we did not want any motorized vehicles – i.e., dirt bikes at the time or Vespas – on TOPS properties,” said Skorman during a Jan. 14 Colorado Springs City Council meeting. “A lot of TOPS money has gone into trails and the ordinance really specifically says that. I know there’s been an effort put forth to redefine e-bikes as not-motorized vehicles, but I know there’s a lot of people that are concerned about that, and concerned if there is a change it needs to go in front of voters. We did that another time with TOPS back when we were trying to find more money for parks.”
The TOPS ordinance was approved by voters in 1997, and allowed for sales taxes to fund and acquire lands such as Red Rock Canyon, Stratton, and Blodgett open spaces, and Ute Valley Park and trails around Pulpit Rock. The ordinance prohibits motorized vehicle use in those areas. In November, the Colorado Springs Parks, Recreation and Cultural Services Advisory Board approved a policy to expand e-bike access on city trails. The board voted 4-3 to define e-bike use as “non-motorized.”
Any question of allowing those vehicles on TOPS property needs to be referred to the voters.
-Former COS City Councilor Wayne Williams.
According to Williams, that violates the provisions of the Tax Payer’s Bill of Rights (TABOR).
“I am very passionate about delivering on promises made to voters,” he said. “To me, when we go to the voters and we make certain promises it is absolutely critical that we fulfill those promises. It is even more important when it is a TABOR question, because we cannot collect money without a vote of the people. When we have that vote we have to follow through with that vote, or if we want to make a change we have to ask the people to make that change.”
Williams noted that earlier ballot language for TOPS measured promised voters that there would be no changes to the provisions banning motorized vehicles without a vote. “Any question of allowing those vehicles on TOPS property needs to be referred to the voters,” said Williams.
Williams, an attorney, is representing the group Together for Colorado Springs, and said in a letter to the City Council that failure to refer the policy to a ballot initiative could result in legal challenges.
