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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