Lakewood Informer

Resident generated news about Lakewood, Colorado

Lakewood Informer

Resident generated news about Lakewood, Colorado

Decorum v. Free Speech

Guest post from Lenore Herskovitz On December 5, the Council was scheduled to go into executive session for the purpose of discussing personnel matters pertaining to re-incentivizing City Manager,  Kathy Hodgson’s employment agreement. Unfortunately, before the meeting was to begin no written materials about the topic were provided by Mayor Adam Paul or Mayor Pro tem Sharon Vincent. As a result, Councilors Able, Springsteen, Olver and Janssen voted against going into executive session. The discussion regarding Ms. Hodgson’s contract was rescheduled for a public meeting on December 19. The Mayor did not seem pleased about this change in plans but did not acknowledge any personal responsibility in causing the delay. The Mayor referenced the canceled executive session several times on the 19th, placing full blame on the four Councilors. As the special meeting progressed, the Mayor repeatedly interrupted or muted Councilors Able, Springsteen and Olver. Councilors Mayott-Guerrero and Shahrezaei praised the City Manager without mentioning any of her specific accomplishments. They both stated that they supported the contract. When Councilor Olver offered an opposing view, he was interrupted by the Mayor who continued to talk over him for the remainder of his comment. The Mayor stated that personnel matters were meant to be held in private to avoid personal liability issues resulting from making negative comments in public. It was perfectly acceptable for the two councilors to make positive comments about Ms. Hodgson to explain their support of the contract, but the councilor who opposed it had his explanation suppressed. Mayor Paul often justifies his muting of oppositional positions by claiming he is trying to maintain decorum. In reality, he appears to be silencing the councilors who challenge his views. It should be noted that a man named Eric Brandt (presently incarcerated for attempted retaliation against a judge) would participate in the public comment portion of council meetings by spewing profanities for his 3 minutes. The Mayor never interrupted him, presumably fearing a potential lawsuit for violating First Amendment rights to freedom of expression. Shouldn’t our city councilors be afforded the same rights? The Mayor’s definition of decorum appears synonymous with compliance: not making waves, not questioning staff, and being a team player. When challenged, Mayor Paul responds defensively by chastising, humiliating, demeaning or simply placing the individual on mute. As the meeting on the 19th was drawing to a close, the Mayor called for a vote on the contract issues while Councilors Janssen and Olver had their hands raised to speak. The Mayor ignored them and proceeded with the vote which was 7 to 4 in favor of the contract. Ignoring raised hands and muting speakers is a lack of decorum more serious than opposing views spoken in moderate tones. It is time for free speech to reign so our councilors can do their jobs without fear of retribution and effectively represent their constituents’ interests

Using survey results to evaluate City Manager

On December 19, there was a special meeting for the sole purpose of discussing a resolution to amend the City Manager’s Employment Agreement. At issue is re-incentivizing the contract, which was first discussed in executive session in May 2022. Kathy Hodgson has been the city manager for 13 years. City survey data from before her start and now is an easy way to see how we the people view the city and thus our city manager. From the executive summary, the city survey reports that “Lakewood residents enjoy a good quality of life” and “concerns about safety have increased over time.” Looking closer, we see those statements are true; 84% of survey respondents rated Lakewood good to very good in “overall quality of life”. In that respect, the City Manager could be said to be doing a good to very good job. Unremarked upon was the fact that the statistic down from 90% in 2008. In fact, most categories dealing with quality of life in Lakewood are down. In fact, only one goes up, and that’s not for the city, it’s quality of neighborhoods. So from most standpoints, quality of life in Lakewood is going down. There is data on the quality of city services going back to 2013. At that time, 65% of respondents rated the services as good or pretty good. In 2022, that was down to 50%. That is a 15% drop in overall satisfaction. From this brief data capture, we can see that the city survey shows declining satisfaction with Lakewood, and thus with the city manager. We also see that the survey emphasizes the “good” rating more than the declining amount of those ratings. Pointing out favorable statistics is part of the nature of statistics. In this case, it may be part of a policy trend to focus on what the manager wants, rather than what residents are asking for. For example, crime and safety were the #1 issue of concern for survey respondents but city council spends much more time on the #3 issue – affordable housing. Lakewood residents cannot see the material reasons City Council is considering a new incentive plan for the City Manager. A bonus was already awarded this year in August.

King Soopers security

You may have noticed the increased security measures taken by local retail stores over the past couple of years. The King Soopers at Union and Alameda had to hire private security due to the high number of thefts. They also stopped selling some electronic items and put others in less accessible places. This month, you may have noticed a new security feature, the uni-directional gate. Shoplifting and theft are low-level offenses that the city police cannot respond to in time, if at all. Without consequences, the number of offenses is growing and putting pressure on store owners.

Outreach Court clears warrants

Lakewood’s new Community Outreach Court held its first session in December. They report: Community partners were available on-site to help with housing, counseling, substance abuse, and basic needs. The court will meet on the first Thursday of each month. This report is confirmation that the court routinely vacates warrants, which Judge Bozarth previously reported on. Warrants are given for Failure to Appear in answer to the original ticket. There may also be probable cause warrants for low-level offenses. Outreach Court makes services more accessible by serving in high-need areas, rather than asking individuals to travel to court. Denver has had an Outreach Court serving at the Denver Rescue Mission since 2017. Lakewood is following Denver’s path. There was no report as to how the original ticket or offense was handled. The point seemed to be clearing warrants and issuing state id’s. Council Member Mayott-Guerrero commented this was an important step for entrenched individuals to make progress.

“Lakewood uses blight” to go around voters

On November 28, Lakewood City Council was asked to designate a property on S Wadsworth Blvd as blighted. Per Colorado Revised Statutes a “‘Blighted area’ means an area that… is a menace to the public health, safety, morals, or welfare”. This definition is included in statute as a way to target areas for urban renewal and perhaps increased funds. But not in Lakewood. “In your city, the purpose of a blight designation is to do housing” “In your city, the purpose of a blight designation is to do housing,” says independent, redevelopment specialist, Anne Ricker. Ricker’s firm, Ricker | Cunningham, was hired to evaluate blight at 1000 to 1090 S Wadsworth Blvd. This specialist was accustomed to evaluating blight as a first step towards urban renewal, but in this case, Lakewood is not using blight for renewal, just for regulating a certain type of growth. In other words, using blight as a way to allow increased high-density residential growth. City Council Member Able agrees with this assessment. He stated that the blight designation was used to get around Strategic Growth Initiative requirements that our community passed at the ballot box. So when the council is asked to approve blight in instances like this, what they are really doing is considering approval of over 40 units of high-density, residential units. To prove that we are talking about residential development, some Council Members talk about developing the existing commercial use. In response, the property owner responds that they really need all available options that the zoning allows for, in order to make the property economically viable. “How many affordable housing units have been produced out of [blight provisions]?…. ZERO” Councilor Able, November 28, 2022 Ironically, some of the problems noted in the blight study, such as limited access points, limited parking and crime, could all be exacerbated with higher-density use. To make things more complicated, there appeared to be some confusion over City Council’s role. Several members seemed to suggest that Council should approve the request automatically, not because they agreed with the designation, but because the process had been followed. However, some followed up with the feeling that something was off. Other council members had the idea that they could agree or disagree with the blight designation from the beginning. One member stated that you could blight anything if you wanted to. The problem was summarized, once again, by Councilor Able, when he suggested that the study appeared to be checking boxes without evaluating the deeper issue of a public menace, which is needed for blight. In the end, the discussion turned to development rather than blight. Mayor Paul suggested that this blight designation go away so that applicants are not burdened with this process. The Mayor asked about using the new process of adding 20% affordable housing to a new development to bypass the blight designation. This discussion again reflects that “blight designation is used for development, not renewal, in Lakewood.” The 20% affordable housing provision also provides a “loophole” to the voter-approved Strategic Growth Initiative. The designation was voted down. This was the second out of ten requests to be denied. To review the new amendment authorizing the use of affordable housing to allow high-density growth, watch the video here.

Lakewood Sacrifices Future Economic Development for Residential

Guest post from Alex “The general formula is that it costs more to provide services to residential… Than [they] bring in tax revenue.”  (15th of May, 2017, Mr. Tim Cox, former city attorney for Lakewood). (15th of May, 2017, Mr. Tim Cox, City of Lakewood meeting) Although Lakewood should know this basic planning fact, the city continues to replace commercially zoned properties with high-density residential development. The current administration is continuing down the route of seemingly intentional avoidance of doing real economic development.  Real is the key here, since, to Lakewood “economic development” seems to mean car washes, pot shops, failing retail, and storage units. Not world-class companies and world-class education opportunities to ensure a supply of highly-skilled workers who would then have much better economic opportunities available to them within the community. Lakewood does not even bother to enforce the spirit of mixed use development. City administration has been doubling down on high-priced rentals and metro districts, while claiming “affordability” and that this, somehow, replaces actual economic development.  Perhaps, they missed the recent story about a price fixing scheme by a company which advises the corporate rental owners (think, large scale apartments, such as the ones been built in Lakewood, instead of “middle” housing): https://www.theverge.com/2022/11/26/23479034/doj-investigating-rent-setting-software-company-realpage It is as if those talking about “affordability” actually want to ensure that more people are locked into perpetual financial servitude, instead of working on bringing in local, well-paying jobs into the city. More often, than not, Lakewood makes it in the news for these types of stories: https://www.denver7.com/news/local-news/two-firefighters-taken-to-hospital-after-ambulance-struck-by-suspected-stolen-vehicle Unsurprisingly, some of the Lakewood City Council and city staff are failing to understand (or intentionally avoid?) the link between the failure in economic development and the unfortunate consequences this leads to when it comes to the increase in crime.  A “rising tide lifts all the boats” indeed and if the city had a robust economic engine (which it does not), other economic opportunities would follow. Lakewood Continues to Setup for Economic Failure Residential properties, generally, are a net negative to the municipality as they cost more to provide services to, while not bringing enough revenue in to cover those costs.  Furthermore, Lakewood has completely failed to properly scale up and maintain the needed infrastructure and amenities (such as parks, grocery stores, public spaces and playgrounds, collocated with the high density developments).  Nor are there well-paying employment opportunities within walking distance. By “well-paying employment opportunities”, we mean: Not another car wash, storage unit, or a quick food joint. So as Lakewood doubles down on destroying the commercial potential of the city and adding bedrooms which will likely cause more expense to the city, we just ask ourselves if the city administration and planning staff understand the importance of maintaining a balance between residential and commercial development.

Did Lakewood overgrow Academy Park?

Addenbrooke Classical Academy Executive Director Ric Netzor made a public plea for help to the City of Lakewood, November 28, 2022. “We need your help. There is a bar that prohibits our people from entering and exiting our campuses other than from one street and that is from up Teller St. The bar is put there because of fire requirements and it is actually owned by the City and County of Denver.” Netzor continues, “I am asking that Lakewood, since I believe Addenbrooke to be a star in your crown so to speak, I ask that you step in and assist us in this area.” Addenbrooke is like many schools with car line problems. However, it does have complicating factors with Denver Christian School next door, who already had a long car line on the same street before Addenbrooke. On top of that, Addenbrooke is across from Windsor at Pinehurst Apartments that are still adding new units. Mr. Netzor states: “The City and County of Denver has said that the City of Lakewood should have never allowed this portion of the Academy Park area to grow to the extent that it has but we find ourselves there.” Looking at the area map once again, readers may notice that there is a dense development on one only side of Pierce (marked in red). The west side of Pierce St marks the boundary with Denver. DENVER planned for development to the edges of their constituency and put a road in there. Did Lakewood assume Denver would allow use of its streets? Common use for streets may normally be a reasonable assumption but it’s still an assumption the city has a duty to check. Furthermore, parents of Addenbrooke students have heard that Denver constituents in Colorado Academy and Pinehurst Country Club have made pleas to Denver to keep traffic off Pierce. One father relates trying to skip the line by dropping off on Pierce and being yelled at from what appeared to a parent from Colorado Academy, lending credence to the theory. So the solution may appear to be as easy as convincing Denver to let Lakewood businesses use its streets, but this is an example of Lakewood planning not anticipating development issues and being absent from helping to solve problems of their making. What could LAKEWOOD do to solve this problem, without throwing blame on Denver, who is looking out for their own constituents? At the end of public comment, Mayor Paul commented on the issue, “We certainly understand the problem of Addenbrooke area with all the schools and the frustrating issue with our partners in Denver not being able to open a gate so we will certainly continue to try and work that out.” No statement of Lakewood accountability was made. No assurances that Lakewood would not grow an area beyond its infrastructure were made.

Does Public Input Matter?

Guest post from Lenore Herskovitz In the August 2022 edition of Looking @ Lakewood Mayor Adam Paul commented on public input stating:” We offer many opportunities for you to engage and make your voice heard. Your participation, feedback, and ideas are critical”. While the opportunities may exist for volunteering or submitting information either in person or through Lakewoodspeaks, etc. the results of these efforts are usually ignored. In June 2017, as the citizens’ initiative regarding strategic growth was becoming a reality, our city manager began an all out campaign to try to prevent it from moving forward. Emails obtained through CORA indicate that she directed staff to craft talking points against the initiative. She also worked with the Mayor on adhering to scripted messaging. Keep in mind, this initiative began because the people were concerned about the direction the City was taking regarding growth. For two years, lawsuits prevented the issue from going to the ballot box. Over $300,000 was raised to fight the citizen’s initiative, but the voters spoke at the polls in July 2019 passing the SGI. Our city officials who proclaim they value public input, have spent the past few years doing everything in their power to circumvent that voter approved initiative. If public participation is so highly valued, why disband effective interactive programs such as the development dialogues. These meetings successfully addressed and offered solutions to various problems including housing, parking, etc. They provided a setting that allowed community members to interact with city staff and councilors. Questions were raised and responded to in the moment. I suspect that most of the councilors who voted to end these productive meetings had never attended one. Now the Housing Policy Commission will take on these challenges. This group has spent the past few years working on a short-term rental policy with no definitive results to date. Neither transparency nor public attendance was a priority when scheduling the Annual Planning Retreat last February. It was the only meeting since the beginning of the pandemic that was designated as an “in-person only” event. All other meetings both before and after this offered “virtual” or “hybrid” options. This very important meeting that set City Council priorities for the rest of the year didn’t even offer an “audio” recorded component. I was one of four members of the public who attended. When one observer went to get a cup of coffee from the refreshment table, the Deputy City Manager informed her she couldn’t have any because it was for participants only. Not exactly a welcoming message. When our city officials encourage citizen input, it makes a lovely sound bite but nothing more. If you have ever addressed City Council either in person or by phone you recognize it as a frustrating experience. There is rarely any feedback for your efforts and you often wonder if anyone is paying attention. Prior to council meetings, all our representatives are supposed to read comments on Lakewoodspeaks but it is unusual for that to occur. The council is supposed to be a non-partisan body, but too often that is not the reality. Those council members who are independent thinkers are encouraged to be “team players” and not make waves. The Mayor consistently speaks of “decorum” yet he often fails to follow these guidelines regarding his own behavior. Changes need to be made. For the people’s voices to be heard, we need to demand that our elected representatives be strong and stand up for their constituents’ priorities rather than allow the staff led by the city manager to direct policy. It can be done. Just this past week, the City Council voted unanimously to deny a “blight” designation defying the staff recommendation. This does provide a glimmer of hope moving forward.

Moms Demand Action

The battle over guns comes to Lakewood. At the Nov 28, 2022 Lakewood City Council meeting, proponents for and against new gun control measures made their arguments in public comment. This is now an issue for all local governments due to a new law in Colorado, https://leg.colorado.gov/bills/sb21-256. This law makes it possible for cities to pass their own laws, as long as they are more restrictive than state laws. Moms Demand Action has suggested the following new ordinances: City Council has not added these items to the agenda in any formal action but public comment on the issue lasted around 2 hours just considering the possibility. There were an estimated 11 comments in favor of new restrictions, and 20 comments against them (some comments were ambiguous) A VERY brief summary of comments in favor of the proposed regulations: A VERY brief summary of comments against the proposed restrictions:

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