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HomeMy WebLinkAbout05-19-2025 - Study Session Agenda PacketSTUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO Monday, May 19, 2025 6:30 p.m. This meeting will be conducted as a virtual meeting, and in person, at: 7500 West 29th Avenue, Municipal Building, Council Chambers. City Council members and City staff members will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on May 19, 2025) 3. Virtually attend and participate in the meeting through a device or phone: Click here to pre-register and provide public comment by Zoom (You must preregister before 6:00 p.m. on May 19, 2025) 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. The City will upon request, provide auxiliary aids and services leading to effective communication for people with disabilities, including qualified sign language interpreters, assistive listening devices, documents in Braille, and other ways of making communications accessible to people who have speech, hearing, or vision impairments. To request auxiliary aid, service for effective communication, or document in a different format, please use this form or contact ADA Coordinator, (Kelly McLaughlin at ada@ci.wheatridge.co.us or 303-235-2885) as soon as possible, preferably 7 days before the activity or event. PUBLIC COMMENT ON AGENDA ITEMS 1. Residential Waste Engagement Project Update 2. Proposed Next Chapter 2J Bond Fund Project List 3. Drone Regulations 4. Staff Report(s) 5. Elected Officials’ Report(s) ITEM NO. 1 Memorandum TO: Mayor and City Council THROUGH: Marianne Schilling, Assistant City Manager Patrick Goff, City Manager FROM: Mary Hester, Sustainability Coordinator DATE: May 19, 2025 SUBJECT: Residential Waste Engagement Project Update ISSUE: City Council directed staff to conduct further research on several items following the November 18, 2024, study session on the Residential Waste Engagement project. This item provides an update on progress made to date and outlines areas where Staff is seeking Council input, including budget considerations for the potential expansion of some waste services. PRIOR ACTION: Staff conducted the Residential Waste Engagement Project from July 2023 to November 2024 in partnership with consultant HDR Engineering. The project team provided an update to City Council at the May 6, 2024 study session, and presented the final outcomes of the project alongside a set of final recommendations at the November 18, 2024 study session. Council provided direction to staff on next steps at the November study session. FINANCIAL IMPACT: While no decision is being requested at this time, staff is seeking input from Council that will help guide the budget development for 2026. There are cost considerations associated with expanding services like TLC Clean-Up Days, large item pick-up events, and dumpster grants. If Council is supportive of expanding waste-related programming, additional funds would be required in 2026, which could reduce the funding available to support other City priorities although it is premature to project 2026 budget numbers at this time. BACKGROUND: The goal of the Residential Waste Engagement project was to engage with as many Wheat Ridge residents as possible to better understand their sentiment toward the Study Session Memo – Residential Waste Engagement Project Update May 19, 2025 Page 2 City’s current open-market waste system, as well as gather resident input on potential changes to this system. Through events, workshops, and surveys, the project reached over 1,000 residents and produced five final recommendations aimed at improving access, equity, and environmental outcomes in local residential waste management. These recommendations were presented to City Council at the November 18, 2024 study session. At this meeting, City Council directed staff to move forward with additional exploration and early implementation in the following areas: 1. Explore ways to expand TLC Clean-Up Day and other waste-related events, especially for yard waste, and explore how to improve accessibility for residents with transportation or physical limitations. 2. Explore partnerships with existing organizations to provide waste drop-off services rather than creating a new permanent drop-off site in Wheat Ridge. 3. Consider increasing large-item collection events from an annual to a quarterly schedule. 4. Increase public awareness of sustainability programs and events. 5. Maintain engagement in Colorado’s Extended Producer Responsibility (EPR) efforts and keep staff and community members informed. DISCUSSION: The following section outlines the progress staff has made toward each of the five implementation areas identified by City Council at the November 2024 study session. These updates reflect both completed actions and ongoing efforts. 1. Explore ways to expand TLC Clean-Up Day and other waste-related events, especially for yard waste, and explore how to improve accessibility for residents with transportation or physical limitations. TLC Clean-Up Days, hosted by Localworks, continue to be an important community waste resource. In 2024, four events were hosted at a total cost of $25,770, and over 110,000 pounds of waste (approximately 55 tons) were collected. In 2025, the four TLC Days will expand accepted items to include paint at all events, and one event will also accept electronic waste. This has increased the total budget for 2025 to $33,600. Yard waste collection will be available at all four events. Localworks has observed that early-season events are highly attended and fill quickly, while later events often experience a drop in participation. As a possible alternative to increasing the number of TLC events, staff and Localworks are looking to increase the number of neighborhood dumpster grants offered each year. This program, managed by Localworks, allows neighborhoods to request a dumpster for a long weekend to dispose of yard waste, bulky items, and general trash. In 2025, Localworks has a budget of $6,500 to offer approximately 15 dumpster grants, roughly the same cost as one TLC Clean Up Day event. Increasing Study Session Memo – Residential Waste Engagement Project Update May 19, 2025 Page 3 the budget for this program to $13,000 in 2026 would double its current impact and allow Localworks to offer approximately 30 dumpster grants. Available spots in this program are usually filled quickly; as of early May 2025 only five of fifteen grants were left. Increasing funding for this program could also make waste services more accessible given the localized nature of the program and could make partnerships with volunteer and assistance organizations more manageable. Staff is working with Localworks to evaluate participation and budget needs for these programs. Staff is also evaluating options to provide additional support for residents with physical limitations who may have difficulty transporting materials, such as partnering with A Little Help and the Active Adult Center, as well as Sustainable Neighborhoods. Additional City waste-related events in 2025 are already underway, including a spring yard waste drop-off weekend held at the beginning of May with 75 attendees, and upcoming events including the annual spring e-waste recycling event, paint recycling event, large item pick up event, and a fall yard waste weekend event. New in 2025, staff are working to plan an additional yard waste and compost buyback event in late spring, an additional e-waste event in the fall, and staff are exploring options to host an additional fall yard waste event and expansion of leaf collection events at Happiness Gardens this fall. 2. Explore partnerships with existing organizations to provide waste drop-off services rather than creating a new permanent drop-off site in Wheat Ridge. Staff is currently exploring concepts such as voucher programs to help offset the cost of hard-to-recycle items for residents, partnerships to allow residents to utilize drop off sites in other municipalities and to increase resident awareness of these opportunities, educational materials to assist residents with navigating drop-off sites, and event-specific collaborations and increased accessibility to existing locations. These efforts are ongoing. 3. Consider the expansion of large-Item collection events. The Public Works department continues to offer a free large-item pickup event each year over two weekends in the spring. In 2024, 190 sign-up spots were made available and 174 were filled. The total cost to the City was $4,350, or approximately $25 per item. In 2025, 190 spots were available with a cost to the City of $22 per item; currently, 95 spots have been filled. Recent attendance suggests that expansion of this program may not be a pressing need currently, however there may be other opportunities to increase attendance and improve the timing of this program with future expansions as needed. Study Session Memo – Residential Waste Engagement Project Update May 19, 2025 Page 4 4. Increase public awareness of sustainability programs and events. Staff continues to actively promote sustainability programs and events through a variety of communication channels. Ongoing actions include regular contributions to the Connections newsletter, posts to sustainability-related What’s Up Wheat Ridge pages, social media posts, and e-newsletters. This marketing is boosted by partnering with community champions through Sustainable Wheat Ridge and the Sustainable Neighborhoods program to help share information organically. Staff will continue to track attendance at all events and monitor the effectiveness and reach of marketing efforts and will make adjustments as needed. 5. Maintain engagement in Colorado’s Extended Producer Responsibility (EPR) efforts and keep staff and community members informed. Staff remain engaged in the statewide rollout of Colorado’s Extended Producer Responsibility program, which will begin in 2026 and is expected to provide free residential recycling to all households. At the November 2024 study session, Council emphasized the importance of effective outreach to ensure residents understand what changes are coming, and this is a major component of ongoing efforts. Many implementation and communication details are still being finalized, and staff will provide an update to Council as additional information becomes available. NEXT STEPS AND COUNCIL FEEDBACK REQUESTED: Staff is seeking feedback from Council on the overall direction staff is taking in continuing to improve residential waste management practiceds and programming, as well as input on budget priority for waste-oriented programming and events in 2026. Staff will continue pursuing partnerships, supporting TLC Clean-up Days and other sustainability events, improving event outreach efforts, and engaging with Extended Producer Responsibility efforts. Council’s feedback will inform 2026 budget planning and future program development. ATTACHMENTS: None. ITEM NO. 2 Memorandum TO: Mayor and City Council THROUGH: Patrick Goff, City Manager FROM: Maria D’Andrea, Director of Public Works DATE: May 19, 2025 SUBJECT: Proposed Next Chapter 2J Bond Fund Project List ISSUE: Upon approval of the 2J tax extension, also referred to as the Next Chapter, staff developed a list of potential projects within each of the three major themes of corridors, sidewalks & bikeways, and drainage. This list exceeds $121 million. Staff has subsequently refined the list to be in line with the $75M bond capacity. The results of this effort are included in the memo and supporting materials. PRIOR ACTION: In November 2023, Wheat Ridge residents favorably supported an extension of a ½ cent temporary sales and use tax to be used for the following capital infrastructure projects: • Sidewalk, bike lane and street improvements on primary street corridors such as 32nd Ave., 38th Ave., 44th Ave, and Youngfield Street; • Filling sidewalk gaps and other sidewalk repair and replacement with an emphasis on major pedestrian corridors and routes to schools; and • Drainage and floodplain infrastructure improvements at priority locations in the city. Feedback from the community over the last several years, the bi-annual citizen survey, as well as the January 2023 City Council retreat formed the basis for these major project themes. At the April 15, 2024, Study Session, staff presented a list of potential projects within each of the three major themes of corridors, sidewalks & bikeways, and drainage. This list exceeds $121 million. In October 2024, an initial tranch of bonds was sold, netting $33.3 million in project funds. Study Session Memo – Proposed 2J Project List May 19, 2025 Page 2 FINANCIAL IMPACT: Based on estimated sales and use tax revenues for fiscal year 2023, a one-half of one cent extension of the tax rate would generate approximately $5.2 million in 2024. Over 20 years that would result in approximately $126 million which would net approximately $75 million in available project funds upon full sale of the bonds. Preliminary, conservative costs for the various projects as presented in April 2024 and now are summarized in the following table: Major Theme 2024 Project Costs (millions) 2025 Project Costs (millions) Corridors $67.4 $50.3 Sidewalks & Bikeways $39.1 $19.3 Drainage $15.0 $5.4 Total $121.5 $75.0 Other funding sources are also being evaluated and pursued. For example, the city has submitted a Congressionally Directed Spending (CDS) funding request for the West 38th Avenue project. An SS4A grant is also being pursued for that project. As many projects have not been designed or fully scoped, the cost estimates for each are high level. All projects include a 10% contingency as well. Given the anticipated costs of the Stormwater Program, staff are recommending that only emergency stormwater repairs be funded with 2J proceeds. BACKGROUND: The city spent the last several years engaging with residents to better understand the specific needs and interests of the community. Planning and outreach efforts included the following: • Neighborhood Revitalization Strategy (NRS) Update (2019) • Resident Survey (2021 and 2023) • Let’s Talk Resident Engagement Program (2020-2023) • Lutheran Legacy Campus Master Plan (2022) • W 35th Avenue Street Improvements Project (2022) • Affordable Housing Strategy (2023) • 44th Avenue Subarea Plan (2023) • Open Space Management Plan (2023) • Facilities Master Plan (2023) • 38th Avenue West End Improvements Project (2023-2024) • Safe Routes to Parks Project (2024) • Prosperity Plan (2024) Study Session Memo – Proposed 2J Project List May 19, 2025 Page 3 • Parks and Recreation Pathways Plan (2024-2025) • City Plan (2024-2025) Through these engagement efforts, several common themes arose. City staff examined these themes and crafted a list of unfunded capital improvement projects that residents identified as being top priorities. This list, with maps, was presented to the City Council in April 2024. Since that time, staff have further evaluated the proposed projects and refined the project list to align with the available funding. A full list of the proposed projects is provided in Attachment 2. More detail on some of the critical projects are detailed below. Corridors The city has repeatedly heard that corridors are an issue requiring attention. Specifically, there’s interest in investing in local streets—not state highways—such as 44th Avenue, 38th Avenue, Youngfield St, 32nd Avenue, and 29th Avenue. Desired improvements include road maintenance, improved pedestrian and bicycle facilities, aesthetic improvements, and safer street crossings. Residents shared their general desire for improved corridors through the NRS Update, the Resident Survey, and Let’s Talk. Community members also provided corridor-specific feedback through Let’s Talk, the 44th Avenue Subarea Plan, City Plan, and the 38th Avenue West End Improvements Project. All the corridor projects will also implement improved multi-modal aspects such as new or enhanced sidewalks and bikeways. Four primary projects were identified for inclusion in the final list: • 38th West Complete Streets Project, (Youngfield St to Kipling St) which would add continuous sidewalks on both sides of the street, on-street bike lanes, pavement maintenance, a mini-roundabout at Parfet Street and two traffic circles for traffic calming. The City Council also has directed staff to evaluate undergrounding the overhead electric lines in this corridor. • 38th East “Refresh” Project, (Wadsworth Boulevard to Harlan Street) would complete pavement, sidewalk, and curb & gutter repair as well as install similar improvements as those between Harlan Street and Sheridan Boulevard including city-owned pedestrian lighting, benches, railings, and public art in lieu of the clocks. The focus will also be on the segment of the street between Upham Ave and High Court, adjacent to The Green at 38th park. Upgrades to the traffic signals will allow traffic to flow better along the corridor, at a reasonable speed, which will assist in providing adequate capacity with the existing two through lanes. • Funding for the city’s annual Pavement Maintenance Program would provide about $1.3M per year for the next 6 years. Originally, this was intended to be a supplement to the regular capital funding for pavement maintenance. Due to other priorities, limited amounts were included in the Capital Fund for pavement maintenance over the next two-three years. Study Session Memo – Proposed 2J Project List May 19, 2025 Page 4 • The City of Edgewater will be constructing a roundabout at the intersection of 26th Avenue and Pierce Street. As this is on the border of both cities, Where Ridge has agreed to reimburse Edgewater for 50% of the costs of design and construction. These projects collectively will add approximately: • 17 centerline miles of improved pavement • 7.5 miles of new/upgraded sidewalks • 8 miles of dedicated bike lanes or enhanced bikeways* [*dependent on whether bike lanes are added to 38th Ave Refresh project} Sidewalks and Bikeways Staff have seen interest city-wide in improved pedestrian and bicycle mobility, specifically along collectors and arterials. We’ve also heard the desire for better pedestrian and bike infrastructure on routes to schools and parks. This feedback was provided through the Resident Survey, Let’s Talk, the Lutheran Legacy Campus Master Plan, the W 35th Avenue Street Improvement Project, the 44th Avenue Subarea Plan, the Open Space Management Plan, the 38th Avenue West End Improvements Project, the Youngfield Street Beautification Project, and the Safe Routes to Parks Project. Projects in this category were focused on 1) repair of existing infrastructure and 2) installation of new facilities. Repairs of sidewalks will be in accordance with the city’s Concrete Program and includes modifications to existing ADA ramps or, installation of new ramps where none currently exist to allow for safe, hazard-free passage on the existing sidewalk network. Sidewalks were “grouped” into three areas of the city (west, east, and central) as are detailed in Attachment 2. Sidewalks were prioritized based on priorities listed within the Bicycle-Pedestrian Plan as well as focusing on sidewalks adjacent to Arterial and Collector streets. Overall, these projects will add: • 5.7 miles of new sidewalks • 0.9 miles of dedicated bike lanes Other projects include: • 35th Ave Multi-Modal Improvement Project, (Wadsworth Boulevard to Sheridan Boulevard) is funded through the land acquisition and environmental phases only. Additional funding is required for design and construction of improvements. This project would construct various bicycle and pedestrian improvements along with traffic calming measures. Floodplain & Drainage Staff identified the need to make major improvements to the city’s stormwater and drainage infrastructure due to flooding and failing storm sewer facilities. Floodplain and drainage issues weren’t mentioned often by residents during the various engagement Study Session Memo – Proposed 2J Project List May 19, 2025 Page 5 efforts because these issues don’t affect areas of Wheat Ridge equally. However, in the areas that are impacted, needed improvements were mentioned frequently. Emergency storm sewer repairs are expected to continue for the next several years until the city begins to invest in proactive maintenance and complete critical infrastructure projects. Therefore, 2J funds are identified for emergency work over the next two to three years. Future discussions will be held with City Council regarding a dedicated storm water fee to address the needs of this overall program. Of note, there are several other efforts recently completed or underway by the city to advance various transportation & mobility improvements that are using funding sources other than 2J including: Project Improved Pavement (centerline miles) New Multi-Use Path or Bike Lane (miles) New Sidewalk (miles) Improve Wadsworth 2.5 1.25 1.25 Wadsworth Path Project 0 0.24 0 52nd Ave. (Ward Rd to Tabor St) & Tabor St. (52nd Ave to Ridge Rd) 0.55 0.38 0.70 32nd Ave. Bike Lanes (Clear Creek Dr to Wright Court) 0.37 0.74 0 Youngfield Street Sidewalk (east side, 41st Ave to south of 44th Ave) 0 0 0.22 Tabor Street Multi-Modal Improvements (44th Ave to I-70 north frontage road) 0.36 0.74 0.30 Total 3.78 3.35 2.47 Also, development over the past 8-10 years has also added a significant number of miles of sidewalks – especially in the Clear Creek and Ward TOD areas. And the Colorado Department of Transportation (CDOT) is currently designing sidewalk improvements along both sides of Ward Road between 44th Ave and 52nd Ave. Construction is likely to occur in 2026 or 2027. No city funds are required for this planned project. RECOMMENDATIONS: Staff recommends proceeding with the proposed project list as detailed in the memo and attachments. ATTACHMENTS: 1. 2J Projects and Associated Funding 2. April 2024 Project List & Map 3. May 2025 Project List & Map 2J Projects (2025-2030) & Associated Funding Needs Project Total Project Cost (millions)Notes/Assumptions Emergency Storm Sewer Repair (payback for advanced funds)$1.00 Emergency/Priority Storm Sewer Repairs $4.40 Assumes SW utility fee gets approved in 2025 so that other drainage projects do not need to draw from 2J Sub-Total Drainage $5.40 Pavement Maintenance $9.14 $1.3M per zone 38th West (Youngfield-Kipling)$26.40 Roundabout-26th & Harlan $0.66 City contribution of approx 50% of design & const. to Edgewater 38th East "Refresh"$14.00 44th Ave/Tabor St Traffic Signal $0.05 Initial traffic study only 44th Ave/Eldridge St Traffic Signal $0.05 Initial traffic study only Sub-Total Corridors $50.30 Sidewalk Repair $1.90 $300K per zone ADA Ramp Replacement (by Zone)$1.90 $300K per zone Priority Sidewalk Gaps West $2.75 Group of priority segments, west of Kipling Central $1.10 Group of priority segments, between Kipling & Wadsworth East $6.15 Group of priority segments, east of Wadsworth Sidewalk Gaps $10.00 See attached list & map W 35th Ave Multi-Modal Improvements $5.50 Design is TIP-funded with 10% City match; construction is 100% city Sub-Total Sidewalks & Bikeways $19.30 Total $75.00 ATTACHMENT 1 � 5s11-1PL r C--1�-' � 58TH AVE ()Q .L_ � � N S-I 54THAVE 54THAVE ....J....Jw ::c .L....1--�-+-- t;; I �c.'J[C/J i--.---u::: wti; (.'J ii .1-.� B�w::c r r (/) (/) Cl) ....Jc:: 0 0 r 0 (/) () -t-ffi r Cl) ::c () w w Ill I �� K w I z (/) c:: � z S2 r � � 1 � ,-� � co5s_e.e_ · ���������"1 !l-•• _.. •• 25 I LJ. r ,21rH �L 23 () 2 :::J l---r--.-+-,,....,.---,--r-\ w Ill 17THAVE RD AVE RD AVE 'f-�� �":,<;;; �9 OTHAVE ,1 49THAVE 43RDAVE 0 1-1.-. .... ..--::j ti; Cl) w � <( Ill z <( 0 a::w ::c Cl) 2J PEDESTRIAN AND BICYCLE FACILITY IMPROVEMENTS LEGEND BIKE·PED PRIORITIES ee e ee ee ee SMALLGAPS *CITIZEN REQUESTED KIPLING-GAP COLLECTOR SAFE ROUTES TO PARKS *FUNDED BY CITY 000000000 FUTURE PROJECT 000000000 OTHER2J PROJECT FUTURE DEVELOPMENT WARD ROAD (COOT) e e e e e e e e e OTHER (COOT) e e e e e e e e e OTHER REMAINING 2,000 N i 0 2,000 State Plane Coordinate Projection Colorado Central Zone Datum: NAD83 DISCLAIMER NOTICE: 4,000 Feet This is a pictorial representat;on of geographic and demographic information. Reliance upon the accuracy, reliability and authority of this information ts solely requestor's responsibility. The City of Wheat Ridge, in Jefferson Coe..nty, Colorado - a political subdivision of the State of Colorado, has compiled for its use certain computerized information. This information is available to assist in identifying general areas of concern only. The computerized information provided should only be relied upon with corroboration of the methods, assumptions, and results by a qualified independent source. The user of this information shall inderTTiify and hold free the City of Wheat Ridge from any and au liabilities, damages, lawsuits, and causes of action that result as a consequence of his reliance on information provided herein. Date: 4/15/2024 ATTACHMENT 2 Corridor Projects 38th WEST ROUNDABOUT 26TH/PIERCE 38th REFRESH ATTACHMENT 3 Corridor Projects: Pavement Maintenance Sidewalk Improvements (4.77 miles) W 35th Avenue Multi-Modal Improvements Sidewalk Repair & ADA Ramp Replacement Street Side From To Length Area Notes Garrison St E 45th Pl 46th Pl 770 C Bike-Ped Priority Kipling St W Rocky Mtn Ditch Approx 36th Ave 1,390 C CDOT Road Kipling St W N of 26th Ave (Gold's Market) 27th Ave 170 C CDOT Road Kipling St W Clear Creek Trail S of 43rd Ave 530 C CDOT Road Harlan St W 35th Ave N of intersection 90 E Collector Harlan St W 32nd Ave S of 33rd Ave 400 E Collector Harlan St W 35th Ave 33rd Ave 550 E Collector Pierce St W 32nd Pl N of 32nd Pl 120 E Bike-Ped Priority Pierce St E 29th Ave S of 32nd Pl 1,210 E Bike-Ped Priority Pierce St W 29th Ave 32nd Pl 1,280 E Bike-Ped Priority Pierce St E 26th Ave S of 32nd Pl 1,280 E Bike-Ped Priority Pierce St W 36th Ave N of 36th Ave 130 E Collector Pierce St W 36th Pl N of 36th Pl 150 E Collector Pierce St W 35th Ave S of 35th Ave 180 E Collector Pierce St E 38th Ave S of 38th Ave 220 E Collector Pierce St E 33rd Ave N of 33rd Ave 270 E Collector Pierce St W 33rd Ave N corner of 33rd Ave & S to 360 E Collector Pierce St E 33rd Ave 32nd Pl 360 E Collector Pierce St W 35th Ave 36th Ave 430 E Collector Pierce St E 41st Ave N of 41st Ave 110 E Collector Pierce St W 41st Ave N of 41st Ave 120 E Collector Pierce St E 38th Ave North of 38th Ave 200 E Collector Pierce St W School crossing 41st Ave 525 E Collector W 29th Ave N Pierce St Vance St 1,900 E Bike-Ped Priority W 29th Ave S Pierce St Wadsworth Blvd.2,310 E Bike-Ped Priority; Partially adjacent to Hayward Park W 48th Ave S Wadsworth Blvd Pierce St 2,260 E Bike-Ped Priority W 48th Ave N Harlan St W 48th Pl 1,030 E Bike-Ped Priority 41st Ave S Miller St Clear Creek Trail 1,100 W Bike-Ped Priority Miller St W 44th Ave N of 44th Ave 150 W SRTP Miller St W 45th Ave 47th Ave 660 W SRTP Miller St E 45th Ave N edge of Fruitdale Park 1,130 W SRTP Tabor St W Ridge Rd I-70 Frontage Rd 1,080 W Collector W Ridge Rd N Pierson Ct Parfet St 410 W Bike-Ped Priority 26th Ave N Oak St Paramount Pkwy 1,690 W Collector/Citizen requested W 52nd Ave S or N Tabor St Arvada line 620 W Citizen requested Total 25,185 feet 4.77 miles Next Chapter Bond Funds - Prioritized Sidewalk Segments ITEM NO. 3 Memorandum TO: Mayor and City Council THROUGH: Chris Murtha, Chief of Police Patrick Goff, City Manager FROM: Eric Kellogg, Division Chief of Police Lucas Hunt, Commander DATE: May 19, 2025 SUBJECT: Drone Regulations ISSUE: As drones become more prevalent in society, for both commercial and private use, the adoption of an ordinance to assist in governing the use of drones within the Wheat Ridge City limits may be necessary to ensure those flying drones will honor the city’s values, culture and peace. Currently, the City depends primarily on the FAA rules as it pertains to the appropriate operation of drones. Staff are seeking council guidance regarding the potential adoption of an ordinance governing the use of drones within the City and will present information, options and examples for the discussion. PRIOR ACTION: No prior action has been taken on this item. FINANCIAL IMPACT: There is currently no financial impact to the City. BACKGROUND: The emergence of drone use has revolutionized numerous industries over the past two decades, driven by rapid advancements in technology, miniaturization of components, and decreasing costs. Initially developed for military reconnaissance and surveillance, drones have since expanded into civilian and commercial applications, including agriculture, filmmaking, delivery services, infrastructure inspection, and environmental monitoring. Their ability to access hard-to-reach areas, gather real-time data, and operate autonomously or remotely has made them invaluable tools for efficiency and safety. As regulations evolve and technology continues to improve, drone use is Study Session Memo – Drone Analysis Date: May 19, 2025 Page 2 expected to become even more integrated into daily life and industrial operations worldwide. The Wheat Ridge Police Department’s drone program was launched in March 2024 and utilizes various strategies to support first responders in serving the public. The use of drones is regulated by the Federal Aviation Administration (FAA), which is the primary governing body for drones in the United States. All drones weighing over 0.55 pounds must be registered with the FAA. Recreational drone pilots are encouraged to take the Recreational UAS Safety Test (TRUST). All pilots must adhere to FAA rules, such as maintaining Visual Line of Sight (VLOS) of the pilot or a visual observer. The flight altitude generally must be flown below 400 feet, and flying near airports, military bases, and other restricted areas must be avoided. Municipalities like Lakewood, Denver, Louisville, and Colorado Springs, Colorado, have local ordinances that recommend a minimum altitude of 25 feet, restrict drone launching from any city facility, parks, or open space, and require a permit in all city-owned areas not designated as “Unmanned Aircraft Flying Areas.” (see Attachment 1). Drone regulations within the State of Colorado or other local jurisdictions provide additional restrictions limiting the use of drones for commercial and recreational purposes within their communities. The FAA's regulations for commercial pilots are more restrictive and require a Part 107 license to engage in activities such as selling photos or videos. Commercial pilots are strictly regulated and must adhere to regulations such as being over 16 years old, undergoing pre-flight checks for safe operations, and understanding and adhering to airspace restrictions. These regulations give users greater awareness and prevent them from capturing sensitive information that raises privacy concerns. The use of UAS is a rapidly growing trend and can cause significant concerns for municipalities and their constituents. Public safety agencies must work with their communities to enhance awareness about federal, state, and local rules governing their authorized uses. The rules and regulations offered by other jurisdictions in the metropolitan Denver area provide examples for developing the city’s rules for recreational flyers. Although law enforcement uses drones to improve response times, enhance situational awareness, and increase public safety, it is crucial to address the legal, ethical, and practical challenges of using drones by enthusiasts in the City. This trend has prompted many cities to adopt ordinances to more comprehensively govern the use of drones within their city limits. This is done to ensure the citizens of those respective municipalities are not negatively impacted by the increased presence of drones and to ensure the vision and values are respected while also honoring the rights of drone operators. As this trend grows, many variables and considerations have come to the forefront, including: • Drone operators’ rights Study Session Memo – Drone Analysis Date: May 19, 2025 Page 3 • Citizens’ rights to privacy • The impact on wildlife • The impact on domesticated animals • The impact on farm animals and their productivity In 2017, a federal district court in Massachusetts ruled in Singer v. City of Newton that several provisions of Newton's local drone ordinance were preempted by federal law. The ordinance had been enacted by the Newton City Council in 2016 to regulate drone use within the city, citing concerns over privacy and safety. The provisions challenged in the lawsuit included: • A requirement for drone owners to register with the city, • A ban on flying drones below 400 feet over private property without the owner's permission, • A ban on flying drones over city-owned property without prior permission, and • A prohibition on operating drones beyond the visual line of sight of the operator. Michael Singer, a Newton resident and FAA-certified drone pilot, filed the lawsuit, arguing that these local regulations conflicted with federal laws governing airspace and drone operations. The court agreed, finding that the challenged provisions obstructed federal objectives and directly conflicted with federal regulations, thereby being preempted under the doctrine of conflict preemption. The court emphasized that aviation safety is an area of exclusive federal regulation, and local laws attempting to regulate the safe operation of aircraft are impermissible. As a result, the court invalidated these specific provisions of Newton's ordinance while allowing the remainder of the ordinance to stand. This case marked the first time a federal court struck down local drone regulations, highlighting the primacy of federal authority over airspace management and the operation of unmanned aircraft systems. The information in Attachment 1 offers a variety of ordinance options from simply depending on the FAA regulations to extensive and comprehensive ordinances that govern drone operation. The research also suggests that the use of the City of Wheat Ridge’s Disorderly Conduct Ordinance may offer some guidance to the development of a Drone Ordinance. The Disorderly Conduct Ordinance offers the following: • Offensive Public Displays: Making coarse or obviously offensive utterances, gestures, or displays in public places that tend to incite an immediate breach of peace. • Abusive Behavior: Abusing or threatening others in a public place in an obviously offensive manner. • Public Fighting: Fighting with another person in a public place, except as a participant in a sporting event. Study Session Memo – Drone Analysis Date: May 19, 2025 Page 4 In Summary, there are several considerations moving forward that should be considered as council offers guidance and direction related to the governing of drones and their use within the city limits. Permitted items to consider: • Local Property: Ban or regulate drone takeoff and landing on city-owned land (e.g., parks, municipal buildings, schools). • Privacy Protections: Enact laws prohibiting drone surveillance or photography in ways that violate local privacy laws (e.g., peeping, voyeurism, harassment). • Noise or Nuisance Rules: Impose restrictions on drone noise or nuisance behavior, like local noise ordinances. • Zoning and Land Use: Restrict commercial drone operations based on land use designations (e.g., no drone deliveries in residential-only zones). • Event & Crowd Safety: Restrict or ban drone use over permitted public events or parades for safety and crowd control. • Law Enforcement Notification: Require notification to local police for certain types of drone operations (e.g., nighttime flights, large-scale filming). • Enforcement & Fines: Impose fines or penalties for local ordinance violations, such as operating drones in prohibited parks or violating noise limits. • Permit Systems: Require permits for drone operations on local property or for commercial filming using drones. • Emergency Authority: Temporarily restrict drone use during emergencies (e.g., fires, police actions, natural disasters) to protect responders and the public. Limiting items to consider: • Airspace access and navigable airspace (FAA-controlled) • Drone registration (FAA requirement only) • Operational safety standards (e.g., altitude, speed, airworthiness—FAA domain) • Aircraft certification and pilot licensing RECOMMENDATIONS: Staff recommends review of the local and national ordinances currently in place, and requests Council to adopt a similar ordinance in the City of Wheat Ridge for the continued safety of our citizens. ATTACHMENTS: 1. Example Drone Regulations CURRENT REGULATIONS/ORDINANCES: FAA: • Register your drone if it weighs more than 0.55 lbs • Fly below 400 feet in uncontrolled (Class G) airspace • Always keep your drone within visual line of sight • Never fly over groups of people • Never fly near emergency response efforts (e.g., wildfires, accidents) • Never fly under the influence of drugs or alcohol • Do not fly near airports unless you have FAA authorization • Give way to manned aircraft • Label your drone with your FAA registration number LAKEWOOD: • Permit Requirement: Launching, landing, or operating a drone on any city-owned facility, park, or open space requires a permit, except in designated "Unmanned Aircraft Flying Areas • Designated Flying Areas: The following areas are designated for drone use: o East Reservoir o Hutchinson Park o Wright Street Park • Prohibited Areas: Drone use is prohibited at Bear Creek Lake Park and William F. Hayden Park. • Permit Process: Drone use is subject to the permitting process managed by the Director of the Community Resources Department. • Compliance with Laws: All drone operations must comply with state and federal laws, including Federal Aviation Administration (FAA) regulations. DENVER: • Prohibited Areas: Launching, landing, or operating drones is prohibited in all Denver Park facilities unless the area is designated by the DPR Executive Director for such activities. • Designated Areas: Drones may be flown in park facility areas designated by the DPR Executive Director, such as specific model airplane or helicopter flying areas, subject to posted rules and regulations. • Special Events: Drone use at events requires a Film Permit issued by the Office of Special Events. Applicants must provide: o A completed film permit application detailing the dates and times of drone flights. o Proof of an Aviation Certificate of Insurance. o FAA Pilot’s license. o UAV Registration. • Recreational Use: Event attendees are not allowed to fly drones recreationally at permitted events. ATTACHMENT 1 Enforcement and Penalties: • Penalties: Violations of drone regulations can result in fines ranging from $100 to $500 for minor infractions, with more severe violations leading to fines upwards of $1,000. • Enforcement: The Denver Police Department collaborates with federal agencies to ensure compliance with both city ordinances and Federal Aviation Administration (FAA) regulations. LITTLETON: • Permit Requirement: A Film/Video/Drone Production Permit is required for any student, nonprofit, or commercial video/photography production in the city, including city parks and trails. • Personal, Non-Commercial Use: A film permit is not needed for personal, non- commercial photo sessions in public areas in the City of Littleton. CHERRY HILLS VILLAGE: • Registration Requirement: All drones must be registered with the Federal Aviation Administration (FAA) and with the City of Cherry Hills Village. • Prohibited Areas: o Drones may not be flown over any city property, including streets, parks, trails, or public buildings, without written authorization from the City Manager. o Drones may not be flown over or on private property without the owner's consent. • To operate a drone over city property, individuals must obtain written authorization from the City Manager. • Operators must provide proof of FAA registration and may be required to submit a flight plan detailing the purpose, location, and duration of the flight. • Compliance with FAA Regulations: All drone operations must comply with FAA regulations, including those pertaining to airspace restrictions and operational guidelines. ARVADA: • Film Permit Requirement: A Film/Video/Drone Production Permit is required for any student, nonprofit, or commercial video/photography production in the city, including city parks and trails. • Personal, Non-Commercial Use: A film permit is not needed for personal, non- commercial photo sessions in public areas in the City of Arvada. LOUISVILLE: • All FAA Regulations apply. • General Prohibition: Launching, landing, or operating drones is prohibited in all city parks and open space areas. • Emergency Exceptions: Emergency landings are permitted only by city law enforcement or code enforcement officers. ORLANDO, FLORIDA: • Prohibited Areas: Drones are not permitted within 500 feet of: o Outdoor public assemblies or events with over 1,000 attendees o City-owned parks, schools, or government buildings o Enclosed venues such as the Amway Center, Camping World Stadium, Dr. Phillips Center for the Performing Arts, Harry P. Leu Gardens, and the Mennello Museum of American Art o County or municipal detention facilities o Any other locations designated by the Executive Director of Orlando Venues or the City Council • Operational Restrictions: o Flying under the influence of alcohol or drugs is prohibited and may result in fines or imprisonment o Use of drones for voyeurism or harassment is prohibited o Operators must remain at the scene and render assistance in the event of a crash or accident involving a drone CHARLESTON, SOUTH CAROLINA: • Prohibited Flight Zones: o Within one-quarter mile of:  Schools while in session  Hospitals  Parks, recreation facilities, and playgrounds  Sporting events, road races, walks, outdoor festivals, fireworks show, stadiums  Public gatherings of 50 or more people  Moving vehicles, highways, bridges, or busy streets o Drones with cameras must maintain a minimum distance of 200 feet from people, vehicles, buildings, or structures. o Owner Identification: Names and addresses of drone owners/operators must be affixed to the outside of their aircraft. • General Restrictions: o Drones must not operate in a manner that disrupts the quiet enjoyment of property or imposes any risk to people or damage to property. • Park Restrictions: o The use of remote-controlled devices, including drones, is prohibited in city parks, park facilities, recreational facilities, and playgrounds. NEW YORK, NEW YORK: • Mandatory Permits: All drone take-offs and landings within New York City require a permit issued by the NYPD, in collaboration with the Department of Transportation (DOT). LOS ANGELES, CALIFORNIA: • Model Aircraft (Hobby Use): o Must obtain prior express authorization from the airport air traffic control tower if operating within 5 miles of an airport. o Must not interfere with crewed aircraft; always yield the right of way. o Must maintain visual line of sight without the use of vision-enhancing devices. o Must operate only during daylight hours. o Must not exceed 400 feet above the earth’s surface. o Must not operate closer than 25 feet to any individual, excluding the operator or helper(s). o Must comply with all federal regulations and temporary flight restrictions (TFRs). o Must not operate in a careless or reckless manner so as to endanger the life or property of another. • Civil UAS (Commercial Use): o Must comply with all federal regulations and TFRs. o Must not operate in a careless or reckless manner so as to endanger the life or property of another. o Must comply with any current and enforceable authorization granted by the Federal Aviation Administration (FAA). o Exempt from the provisions of this section if operated pursuant to, and in compliance with, the terms and conditions of any current and enforceable authorization granted by the FAA. • City Parks and Harbor Department Property: o No person shall land, release, take off, or fly any balloon, helicopter, parakite, hang glider, aircraft, or powered models thereof, except in areas specifically set aside for such activities. • Film Permits: o Required for commercial drone operations, including filmmaking, real estate, and construction. o The permit process typically takes 2-4 weeks and requires the following:  A completed application form.  A copy of your FAA registration.  Proof of liability insurance.  A detailed flight plan and operation schedule.