HomeMy WebLinkAboutMinutes.OSB.20250515.Regular
MINUTES
City of Aspen, Open Space and Trails Board Meeting
Held on May 15, 2025
5:00pm at Pearl Pass Room, Aspen City Hall
City OST Board Members Present: Julie Hardman, Ted Mahon, Howie Mallory, Adam McCurdy
City Staff Members Present: Matt Kuhn, Austin Weiss, Brian Long
Adoption of the Agenda: Ted made a motion to adopt the agenda and Adam seconded.
Public Comments, for topics not on the agenda: Mike Maple suggested improving public
noticing of OSTB meetings; for example, they could be posted alongside those of other boards
and commissions on the City’s website, adding that it can be difficult to access the OSTB
agenda. Matt mentioned that OSTB meetings are noticed on the Parks and Open Space
website; he will circle back with Mike on this topic.
Approval of the Minutes: Howie mentioned wording on page 5: “…looks at impacts of physical,
cultural, and human environments affected by the proposed project…” “of” should be changed
to “on.” Ted made a motion to approve the minutes Adam seconded, and the vote was
unanimous.
Staff Comments:
Brian: Rangers are using a new speed gun to check trail speeds. Brian commented that Aspen
Police Department has become more involved with enforcement and education regarding e-
bike and other powered device usage on trails and on bikeways in town, including specific e-
motorcycles that are not legal on trails (or on roads). Trial speed tickets may be given. The
police chief is supportive of enforcement on trails in coordination with Open Space rangers.
Howie asked if Parks may unilaterally put up signage on trails; Matt said that Parks is able to do
that. He added that speed limits are not well posted, noting that these should be added every
quarter mile on trails. Brian mentioned that the upper Post Office Trail is expected to open in
late May; the lower section will see construction work next. Ted mentioned that rental shops
should be informed about compliance regarding e-motorcycles; Brian mentioned that rental
shops are in this communication loop.
Matt: Noted that Parks offices are located in the Armory building, basement and second floor,
for the next 9-12 months. Parks campus is closed to the public during construction.
New Business:
Trail accessibility and device allowance
Brian introduced the topic of how Aspen presents as a city to persons with disabilities,
specifically regarding which trails are accessible and what types of devices may or may not be
allowed on certain types of trails. With this topic, Brian would be asking the Board to:
•Review and discuss our accessibility policies, device allowances, and user issues
•Philosophical discussion how to be a forward-thinking and accessible community
•Talk about recommendations on public facing accessibility information offerings
•Recommend future projects or measures that increase accessibility
This is a discussion and work session today; Brian will return to the Board at a future time with
a formal policy document. Pitkin County is also working on this topic; they released a new
accessibility document in 2024. Brian emphasized that certain OPDMDs (other power-driven
mobility devices) are not suitable on certain trails due to size, scale, and/or gas-powered
engines. In 2011, Parks created a policy and map pertaining to OPDMD use on the City’s trail
system (as did the County at that time); in short, OPDMDs of a certain size and scale are
allowed on the paved trail system, and not on the single-track trail system.
Brian and trails staff attended a fall 2024 training with the County and other local agencies
given by wheelchair advocates, Dove Tail Consulting. The training familiarized Brian with
devices known as adaptive mountain bikes and inspired him about enhancing accessible
possibilities on Aspen trails. A disabled trail user needs information about trail width, pinch
points, rocks, and inclines, and is often accompanied by mountain bikers who assist. Howie
asked if a disabled person may use an e-bike or adaptive mountain bike on a trail where regular
mountain bikes and regular e-bikes are not allowed; Brian said that they generally may. Brian
explained that the City may consider which devices it recognizes as “wheelchairs,”
recommending that all wheelchair types be recognized.
The training also provided understanding of relevant, current laws. The law defines a
wheelchair as a “manually-operated or power-driven device designed primarily for use by an
individual with a mobility disability for the main purpose of indoor or of both indoor and
outdoor locomotion.” Brian clarified the differences between wheelchairs and OPDMDs, noting
that OPDMDs are devices that are not specifically designed for use by people with disabilities.
The law defines Other Power-Driven Mobility Devices (OPDMDs) as “any mobility device
powered by batteries, fuel, or other engines… that is used by individuals with mobility
disabilities for the purpose of locomotion, including golf carts, electronic personal assistance
mobility devices… such as the Segway or any mobility device designed to operate in areas
without defined pedestrian routes, but that is not a wheelchair.” When an OPDMD is being
used by a person with a mobility disability, different rules apply (ADA) than when it is being
used by a person without a disability. Parks is working to provide information to users of
OPDMDs. Brian shared the 2011 trail map, noting that OPDMDs are allowed on the trails
marked in yellow, mainly the paved trail system. It is time to revisit this accessibility policy.
OPDMDs are not allowed on red trails (single-track). On yellow trails, OPDMDs are limited to 36
inches in width, 20 mph, and 65 lbs. The current policy update process includes updating this
map. Howie asked if an adaptive e-mountain bike can be used on trails where regular mountain
bikes are prohibited. Brian confirmed this, adding that the number of these users is relatively
small, but the department is committed to providing experiences for these users.
Brian shared the 2022 municipal code regarding e-bikes. He mentioned that any changes to this
code will go through the code language change process which includes City Council. Ted asked
if either the County or US Forest Service have changed their code recently; Brian said no, and
that regarding single-track and soft-surface trails, there is a desire among these entities to have
policy continuity. It has been difficult for the community to understand that e-bikes are
prohibited on soft-surface trails. Current OPDMD policy is aligned with these current laws. The
County is reviewing language to ensure that wheelchair allowance language is clear, but they
are not considering changing policy on e-bikes or OPDMDs on single track. When used by a
person with a disability, an OPDMD becomes a wheelchair. Adam commented on an example of
a person at the training who is mobility-impaired but able to walk; he rides a normal e-bike, but
this bike is not allowed on trails. Howie asked about blindness or deafness with regard to
disability. Julie explained that all disabilities apply to ADA. Brian said that one may ask for
credible assurance that a device is helping a person with a disability.
Potential public facing web information being considered for the website includes a trail
category map with more detail on the nature of the trails, an updated trail category and
devices-allowed list, highlighted areas that are popular with people using wheelchairs, and a
table ranking trails per accessibility qualities. The City of Boulder provides great examples of
this information. Brian shared trail categories he has developed for an updated map,
delineating various trail types such as those with and without ADA grades, etc. Along with the
map, laws and detailed information on what is/not allowed would be provided.
Brian highlighted certain Aspen trails as examples of various ranking levels. Julie asked if
Snowmass Village is aligned with policy; Brian said that they are. Ted said that there is
conversation about developing certain trails in the bike park for e-bikes. He asked how a
Bowhead device that is 29” wide can go on a single-track trail. Brian said that these devices go
outside the edges of the trail sometimes. Matt added that if this Board directs staff to develop
accessible trails, they would look to trails like Ajax and Maroon Creek Gorge for potential to
build an accessible trail platform. Staff reached out to Challenge Aspen when Butterline Trail
was built with the desire to make it a resource for their program; the trail has grown in since
then, but the ADA trail platform exists. Matt mentioned that since ADA use is light,
maintenance such as vegetation management is a consideration. Brian added that ADA users
want to have challenges and keep trail character; certain trails could be augmented to provide
various levels of challenge. Howie asked for more information on expected maintenance. Brian
explained that the City could identify a flagship adaptive mountain biking trail, focusing
maintenance on a limited amount of trail. Basic vegetation maintenance is needed on the
entire City trail system every year. Howie asked for an example of a flagship trail. Brian
mentioned Maroon Creek Gorge and Burlingorge Trails could be potential flagship adaptive
trails, however Parks would be trying to create a spectrum of trails for a spectrum of
experiences people would want to have.
Howie asked about trail etiquette regarding right-of-way. Brian mentioned trainers say there is
less conflict around right-of-way than there is with wrong perception about whether an
adaptive trail user is allowed to be there. Nonetheless, the party traveling uphill has the right-
of-way. Adam added that adaptive devices cannot usually get off the trail, so it is necessary to
yield to them. Brian shared information and tables from the City of Boulder’s website, providing
information on accessibility rating, ease of use, amount of shade, scenic value, highlights,
mileage, and overall ranking. Brian would like to provide this information on Aspen trails.
Julie commented that we will see these new types of devices used in Aspen. Adam added that
Aspen is not currently known as a destination for ADA trails. Brian said that the paved
downtown trails is an excellent system for ADA users. Howie commented on the seamless
merging of City and County trails, and whether trail ratings would be coordinated on these
trails. Brian said that this is a goal. The County (and the City, to a lesser extent) has trail
easements that prohibit any kind of motor at all, presenting tricky management of wheelchairs
and OPDMDs. The goal is to provide trail information to the public, such as the color-coded
map. Adam asked if Boulder allows OPDMD ADA use on mountain bike trails that don’t allow e-
bikes. Brian said that he would need to find this information. Austin asked if a given jurisdiction
has the ability to define what devices are considered OPDMDs, or if that definition is set. Brian
said that OPDMDs are broadly defined by the federal government, but municipalities have the
power to limit them by power, speed, motor type, and weight. Howie asked about OPDMD
allowances at Sky Mountain Park; Brian said that they are not allowed on the trails there. Adam
added that devices specifically made for people with disabilities are allowed, such as an
adaptive mountain bike. Brian mentioned that there are disabilities that fall into a gray area,
such as the person mentioned earlier in the meeting who can’t power a regular mountain bike.
Matt said that staff seeks a recommendation from the Board to proceed or not with the 5-tier
classification system, formalizing Aspen’s accessible trails, and coordinating with the County.
Howie said that the discussion was very informative and there is a lot to think about. Adam
asked if this work will be done internally or if an outside consultant would be involved. Brian
said that a policy update would be handled internally, but he would welcome consultant advice
on potential ADA trails and how to augment them. Ted expressed support for this work and
emphasized the importance of coordinating with the County. Julie expressed her agreement
and that this is an important step for local trails. Adam mentioned that he would support code
language change to allow certain OPDMDs on soft-surface trails that allow bicycles. Matt
clarified that this would mean allowing Class 1 e-bikes for adaptive use. Adam said that
coordinating with the County on this would be important, even if it is just the Ajax and Maroon
Creek Trails. Brian said that the County is leaning in that direction.
Mike Maple commented that he would support considering OPDMD use by ADA users on
single-track trails, while recognizing that this is very complex to manage, especially relating to
use by seniors with various non-ADA physical challenges. He commented on e-bike use among
aging friends who enjoy extending their riding with these bikes, and that apparently the Moab
area allows e-bikes on all trails. He added that there were no conflicts or comments by other
trail users. Adam mentioned that it is interesting to notice whether one’s biking experience is
different where e-bikes are allowed on trails or not. Brian mentioned the 2017 valley-wide
polling effort for input on e-bikes which informed much of local policy. Brian said that it is time
to do this effort again, as outlooks and experiences have likely changed since then. Howie
mentioned that he would let the County know that the City is interested in providing
information to users and that consistency across jurisdictional boundaries is fundamental to the
success of this effort. Austin added that the transition needs to be seamless for trail users, such
as where the Rio Grande changes from pavement to soft surface. Adam suggested considering
providing education to the general public about allowed devices for ADA use.
Mike made his public comment: he expressed his thoughts on enforcement and his support for
the police department’s involvement. However, he said that this is not enough. He said that
announcing is not working, and that most of our trails were designed for a different set of
bicycle vehicles. Handlebars are wider and e-bikes are now here. He commented that Class 2
and 3 e-bikes should not be allowed on City trails. He mentioned that the City trails are
congested and potential for accidents is high, adding that the City should prohibit Class 2 and 3
e-bikes as the County does. Mike suggested that bikes should only be allowed to travel uphill on
the Cemetery Lane Trail, for example, because downhill speeds of bikes are too high there.
Mike commented on his experience riding a Class 2 e-bike, which was heavy and fast. Julie
summarized Mike’s comment as referencing speeding on trails and prohibiting Class 2 and 3 e-
bikes. Mike commented that commuter use is traffic management rather that open space and
trails use. Ted commented that the City is adapting to a changing world, with new devices
showing up every year. Adam mentioned that past minutes document the Board’s extensive
discussions and work on this topic.
Howie said that this is the first year the Maroon Creek Trail has been open, and that it will be
important for Parks to be pre-emptive on this popular trail with striping, signage, etc. to help
users ride responsibly. Howie said that we are on a learning curve with bicycle etiquette, and
that it will be important to make a major effort on the most popular, congested trails. Mike
emphasized that more must be done with enforcement and education but also trail re-design
for safe use by bicycles traveling at greater speeds. Howie added that the pleasure of being a
pedestrian on a trail used by cyclists is decreased by fast riders who do not signal or announce,
while the pleasure of riders has increased. Julie asked if radar speed signs could be used on the
new Maroon Creek Trail. Ted asked for a ballpark cost for making a couple of main commuter
trails wider. Matt said that outcomes, goals, and priorities are being drafted to include
comments from this Board; this includes a holistic study of where uses can be separated on
certain trails. In general widening Cemetery Lane Trail would be complicated with space
available. Concrete is 2-3 times more expensive than asphalt, and commuter trails are concrete.
Austin said that the redevelopment of the Rio Grande Trail between Stein Park and Aspen
received a lot of push back when it was done 15 years ago, but it is now important to have this
width. Julie said that road bikers occasionally speed as e-bikes do on the trails.
Old Business: None.
Board Comments:
Julie: mentioned she will not attend the June meeting and that the new playground by the
Basalt pool is a fun idea/example. Matt mentioned that the “tooth” playground will be
demolished on July 7th; landscaping and irrigation work is going on currently.
Ted: asked for an update on Cozy Point Ranch. Matt said that the final pile of material has been
reformed to create a materials/compost storage area. It screens and separated this area from
the archery range. Except for a water improvement project next year, the work at Cozy Point is
complete. Archery range work will be done by August.
Howie: as a gold-level Bike Friendly City, Aspen met requirements, but there are current needs
such as wayfinding and other infrastructure gaps, such as Rio Grande Place (add sharrows) and
a bike lane that ends at Concept 600 Building on Original St (continue the bike lane), and
needed signage on Bleeker for the music tent. Brian commented that the Bleeker block and Rio
Grande Place items are on his upcoming list to discuss with Streets. Street stenciling is under
Streets’ purview. Howie suggested a Board recommendation about this, but Brian said he
would ask for it if needed. Brian mentioned that trail striping will be done later this month, and
that Maroon Creek Trail will have a center stripe as well as a green stripe that guides visitors
from 7th Street to Highlands.
Adam: mentioned he might miss the June meeting.
Next Meeting Date(s): Regular meeting June 19, 2025.
Executive Session: N/A
Adjourned: Howie made a motion to adjourn; Adam seconded, and the vote was unanimous.