HomeMy WebLinkAbout2026-08-17 Study Session NotesNOTES
CITY OF WHEAT RIDGE, COLORADO
STUDY SESSION
Monday, August 17, 2026
The Study Session was held in a hybrid format, with Councilmembers, City
staff, and members of the public participating either in person in Council
Chambers at the Municipal Building, 7500 West 29th Avenue, Wheat
Ridge, Colorado, or virtually.
CALL TO ORDER
Mayor Pro Tem Hultin called the City Council Study Session of August 17, 2026, to order
at 6:30 p.m. ATTENDANCE
Councilmembers Present: Dan Larson; Rachel Hultin; Scott Ohm; Mike Okada; Patrick
Quinn; Jenny Snell; Susan Wood and Kathleen Martell
Absent: Mayor Korey Stites Staff in Attendance:
Patrick Goff, City Manager; Gerald Dahl, City Attorney; Christopher Murtha, Police Chief;
Police Division Chief, Eric Kellog; Chris Molison, Director of Administrative
Services; Lucy Spalenka, Deputy City Clerk. Public Comment on Agenda Items
Comments in Person:
Kelly Blynn, representing the Wheat Ridge Active Transportation Advisory Team (ADATs),
addressed the Council. She expressed appreciation for the City taking up the e-mobility
issue and for aligning, where possible, with neighboring jurisdictions and state guidelines.
The ADATs support adopting state definitions for e-bikes and not treating higher-speed e-
motos as ordinary bicycles, while emphasizing that regulation should focus on unsafe
behaviors such as speeding rather than on the technology itself. She raised concerns about
proposed requirements for reflective gear and lighting, suggesting education, outreach,
and provision of equipment in partnership with community groups as a better starting
point. She also noted that continued investment in bike infrastructure could reduce
pedestrian-bicycle conflicts on sidewalks. Finally, she offered the ADATs as a partner for
outreach and noted the availability of the state e-bike tax credit and an upcoming state e-
bike rebate program.
Comments Via Zoom: None
Comments Via Wheat Ridge Speaks: None
1. Regulation of E-Mobility Vehicles
Chief Murtha and Division Chief Kellogg presented an overview of the current landscape of e-mobility devices in Wheat Ridge. Chief Kellogg noted a rapid and
ongoing increase in e-scooters, e-bikes, self-balancing devices, and other electrically
propelled vehicles, while the City's current code lacks comprehensive regulation,
creating enforcement challenges. Key concerns included high-speed travel by
underage riders, pedestrian conflicts in dense areas, night riding without lights, and the absence of clear definitions for emerging devices such as One Wheels and
electric unicycles. National data from the U.S. Consumer Product Safety
Commission was cited, reporting 533 micro-mobility-related fatalities from 2017 to
2024, including 310 involving e-bikes.
Discussion: Councilmember Ohm highlighted the classification confusion between
speed-based and wattage-based definitions, mentioning Golden's wattage-centered
approach. Chief Murtha explained that most jurisdictions integrate both parameters,
with 750 watts as the e-bike class cap, anything beyond treated as an e-moto.
Attorney Dahl suggested a separate municipal code article for these regulations,
proposing Chapter 13 as most suitable. Councilmember Snell expressed concern
about minors misusing high-powered e-motos, advocating for accountability
measures without over-regulating adult commuters. Chief Kellogg confirmed
potential ordinances could meld safety and e-mobility benefits. Mayor Pro Tem
Holtin prioritized clear regulation distinguishing e-bikes and e-motos, emphasized
speed control on trails irrespective of vehicle type, and parental accountability for
minors with noncompliant e-bikes. Retailers, like Costco, complicate local regulation
with noncompliant sales. Councilmember Martell focused on parent accountability,
age-specific safety gear mandates, and trail speed concerns. She also prompted
discussions on shared e-mobility services. Councilmember Quinn identified non-
pedal vehicles as an issue, suggesting Golden's ordinance as a model and citing
Arvada's language as a resource. Councilmember Wood recognized the complexity
and enforceability challenges, agreeing on parental responsibility, and received
confirmation from Chief Murtha that speed limits are primary on trails.
Councilmember Larson stressed placement consideration within the municipal code
and avoiding penalties to e-mobility deliveries, while advising inclusion of various
devices within definitions. Councilmember Okada noted electric scooters over 20
mph fall outside current e-bike definitions; Chief Kellogg confirmed commercial
scooters have speed governors. Chief Murtha highlighted enforcement difficulties
but emphasized their deterrent potential, alongside radars, pacing, and using
departmental e-bikes for speed limits, stressing education and outreach as key
strategies.
Attorney Dahl cautioned that creating a local licensing or registration system would
effectively require the City to operate its own motor vehicle division, including
staffing and infrastructure. He noted that requiring a state-issued driver's license for
operation of higher-class devices—without creating a local registration system—
would be a more practical approach, consistent with what other jurisdictions have
done.
Consensus: Staff to develop an Ordinance based on this framework, to be
accompanied by an education and outreach campaign and data collection for future
review:
a. Adopt the state definition of e-bikes, including Classes 1, 2, and 3, up to 750
watts.
b. Classify anything over 750 watts up to the state's motorcycle threshold
(~4,500 watts) as an e-moto.
c. Include low-speed personal conveyances (e.g., scooters, OneWheels, electric
skateboards) capped at 20 mph within the broader e-bike definitional
framework.
d. Require a driver's license for operation of any device capable of exceeding 20
miles per hour, including Class 3 e-bikes and e-motos.
e. Require a helmet for all riders under 18 on any device.
f. Establish parental and guardian accountability provisions.
g. Establish no-ride zones in conjunction with event permits.
h. Apply speed enforcement to all users—motorized and non-motorized—on
multi-use trails currently capped at 15 mph.
2. Regulation of Drones
Chief Murtha and Division Chief Kellogg presented an overview of drone use in
Wheat Ridge and the regulatory landscape. The City's drone program, launched in
March 2024, responded to 119 calls for service in 2025, including significant
deployment during the Fourth of July for illegal fireworks enforcement. Drone use by
private individuals and commercial operators is increasing, including instances of
drones hovering near residential windows and over events such as the Carnation
Festival, raising concerns related to privacy, noise, wildlife and domestic animal
impact, and public safety.
Chief Kellogg noted that the Federal Aviation Administration (FAA) retains
overarching authority over drone operations and has not yielded significant
regulatory space to municipalities. Current FAA rules require registration, visual line-
of-sight operation, altitude limits under 400 feet, and avoidance of airports, military
installations, emergency scenes, and certain crowds. Commercial operators must
hold Part 107 certification. Local jurisdictions have focused their ordinances on
takeoff and landing restrictions on city-owned property, permitting systems for
commercial and filming operations, and privacy and nuisance provisions.
Attorney Dahl noted that Council had addressed this topic at study sessions in May
and November of the prior year, at which time the direction given was to be
"conservative and risk averse" in identifying elements of a local ordinance. He
summarized the draft ordinance he had prepared in response to that direction, which
proposes a new Article 10 in Chapter 16 (Offenses—Miscellaneous). Key provisions
include:
a. Definitions for city airspace, city manager, drone, model aircraft, operator,
privacy, and unmanned aircraft system.
b. Operating requirements prohibiting drone operations over any city-owned
property—including parks, streets, and alleys—without prior authorization
from the City Manager, with a note that such authorization shall not be
unreasonably withheld.
c. Restrictions on private property operations, cross-referencing existing code
provisions on trespass, nuisance, and voyeurism, to address concerns such
as drones hovering near residential windows.
d. Nuisance provisions addressing wildlife, domestic animals, and general
neighborhood disturbance.
e. Authority for the City Manager and Police Chief to permit drone operations
for legitimate purposes, including inspection of public utilities and facilities.
f. Enforcement tools including fines, municipal court penalties, and the ability to
impound drones used in a reckless or unsafe manner.
Attorney Dahl emphasized that the draft ordinance intentionally does not require
local registration of drones—leaving that to FAA authority—to avoid the City
inadvertently enforcing a federal regulatory scheme. He indicated the language was
deliberately narrow, consistent with Council's prior direction, but that Council was
free to broaden, narrow, or move directly to a first reading.
Councilmember Wood sought clarification on whether the ordinance implicitly
required FAA registration compliance. Attorney Dahl confirmed FAA requirements
apply independently and that the City avoided mandating local registration to not
enforce federal rules. Councilmember Quinn inquired about handling Excel Energy's
drone use for power line inspections, to which Attorney Dahl explained the City
Manager's permit authority could accommodate such uses, with conditions like
advance resident notification. Councilmember Larson proposed designating city
park zones for recreational drone use, suggesting minor corrections for the word
"drone," and Attorney Dahl agreed, welcoming language on drone-use permissions
set through public engagement and Parks Commission processes. Mayor Pro Tem
Hultin mentioned Creekside Park as a potential drone area, while acknowledging the
need for procedural park-use designations. Councilmember Ohm pointed out the
potential future uses of facial recognition and Flock drones, requiring monitoring.
Chief Murtha suggested broadening the first-responder exemption in the draft
ordinance to include all emergency responders, not just police, and noted possible
future uses of technology like autonomous drone hives. Attorney Dahl agreed to
these points and reiterated that ordinances should adapt over time. Councilmember
Larson expressed concern about the ordinance's placement in Chapter 16
(Offenses—Miscellaneous), proposing Chapter 11 (Buildings, Licenses, Permits, and
Miscellaneous) as a more neutral option; however, Attorney Dahl indicated Chapter
16 might be appropriate since the ordinance focuses on activity restrictions.
Consensus: Council directed Attorney Dahl to bring the drone ordinance forward for
first reading, incorporating the following modifications discussed during the session:
a. Add "or remotely" to the drone definition for grammatical and logical clarity
("autonomously or remotely").
b. Broaden the first-responder exemption to include fire departments and all
emergency responders.
c. Add language permitting drone use in city parks "except as specifically
designated" by the City, preserving a pathway for future park-specific
designations through the Parks Commission process.
d. Add authority for the City Manager to impose permit conditions, including
advance resident notification for commercial or utility inspection operations.
3. Staff Report(s)
Police Chief, Murtha noted a successful Carnation Festival, with no further staff report
items.
4. Elected Officials' Report(s)
Councilmember Martell reminded the public that District 1 office hours, held on the first
and third Tuesday of each month, have resumed. She announced that the following
day's session would be held as a happy hour from 4:00 to 6:00 PM at Rollin' Smoke BBQ,
and invited constituents to attend and discuss any issues.
Councilmember Larson reported on several recent activities. He attended the Wheat
Ridge Historical Society meeting online on August 10th and shared the discussion
previously held with the Society regarding their request. He noted being given a copy of
the letter placed in the time capsule buried at the Green on 38th during the Carnation
Festival parade, authored by Historical Society President Don Wood, which reflected on
how present-day divisions will become history and encouraged future readers. He also
attended the Wheat Ridge Business Association meeting on Tuesday morning, which
featured a speaker on navigating difficult conversations. On Thursday, he participated in
an online RTD stakeholder session presenting early iterations of a plan to carry RTD into
the 2030s, which involved potential service cuts in some areas and additions in others;
he noted the session was encouraging in that RTD appeared to be taking a more
adaptive approach. Finally, he noted attending the opening of the new brewery at Clear
Creek Crossing on Saturday evening, and reminded the public of the ribbon cutting at
the Prost, scheduled for noon on Wednesday, August 19th.
Mayor Pro Tem Hultin noted that school had returned to session and encouraged the
public to watch for children walking and biking. She highlighted a parent-organized bike
train starting at Prospect Valley Elementary and organized walking and biking efforts at
Stevens Elementary. She observed a meaningful increase in families using e-bikes with
child carriers for school commutes compared to prior years. She also reported
attending the Partners in Progress meeting with Local Works the prior Wednesday,
where the primary topic was safe streets to school, with Local Works committing to
serve as a community partner on messaging and outreach. She noted that Local Works
is also planning to host a ballot initiative informational event in the fall, in anticipation of
a potential Council referral at the upcoming regular meeting.
ADJOURNED AT 8:50 pm
_________________________________________
Rachel Hultin, Mayor Pro Tem
________________________________
Lucy Spalenka, Deputy City Clerk