Transparency

By Karen Gordey “Transparency isn’t optional when taxpayer dollars and contaminated land are involved.” A New Name, A Familiar Pattern Most Lakewood residents haven’t heard of “The Bend.” That’s because it was previously known in city discussions as the 6th & Union, 4th & Union, or simply part of the Denver Federal Center redevelopment. To longtime residents of Lakewood, it is known as the Horseshoe Property. It quietly rebranded, and with it came an expedited process that skirted public scrutiny. I attended a West Metro Fire Protection District Board meeting on January 21, 2025, out of concern for wildfire readiness. What I stumbled into instead was a vote on tax increment financing (TIFs) for a development I’d never heard of—The Bend—on land I knew all too well. As a result of hearing this, I went out to the Lakewood website to refresh my memory on the Lakewood Reinvestment Authority (LRA). From the Lakewood website: “The fundamental mission of the Lakewood Reinvestment Authority (LRA) is to encourage private reinvestment within targeted areas of Lakewood. The LRA has been created by citizens to enhance the City’s ability to preserve and restore the vitality and quality of life in the community.” So let’s first look at how the Lakewood Reinvestment Authority (LRA) process is supposed to work. (Below is a bullet point version. However if you are interested in seeing the full presentation it is on Lakewood Speaks and you can search for the LRA meeting from March 4, 2024.) Lakewood’s Reinvestment Authority (LRA) process, aligned with Colorado state law, outlines a clear and deliberate path for redevelopment: What Actually Happened with The Bend Sidebar: Past Precedents Lakewood has a documented pattern of fast-tracking redevelopment by combining steps for blight designation and plan approval. For example, consider these past projects: Developer Negotiating TIFs? At the January 21, 2025 West Metro Fire Department Board of Directors meeting, officials explained that they were approached, not by the City but rather by the developer regarding a new urban renewal agreement for the near 6th Avenue and Simms/Union. This land lies within West Metro’s boundaries, but not currently in their response area. The meeting minutes show active negotiations over TIF revenue shares, which should raise eyebrows because the developer has no role in negotiating government taxes. This raises a critical question. Was the developer acting as an agent of Lakewood? Was the developer acting on behalf of a presumed new metropolitan district?  Just weeks later, at the February 18 meeting, the Fire Department approved the TIF Sharing Agreement with the City of Lakewood for the Bend project, again detailing the revenue splits. While both of these documents can be found on the West Metro Fire Department website, both meeting minutes have been downloaded and can be found here on our google drive:  https://drive.google.com/drive/folders/1O0eNIOLdCo833C0xGKrvvRAeH9sUeVez Here’s the problem: under the Colorado Urban Renewal statute  https://colorado.public.law/statutes/crs_31-25-107 developers are not authorized to negotiate Tax Increment Financing (TIF) agreements. That duty lies exclusively with the Urban Renewal Authority (URA) in this case, the Lakewood Reinvestment Authority (LRA) or the City itself, acting in that capacity.  The minutes of West Metro make no mention of negotiating directly with Lakewood. Under the statute section (9.5)(a), the taxing agreements must be worked out with the appropriate entities before the plan is approved but there is no new metropolitan district approved, unless one was promised behind closed doors. Even if a new metro district was granted, there should be a meeting and A VOTE of that Board of Directors, with conflict of interest disclosures filed. In this case, the property owners and developers will likely be the only board members so they will act as their own government. They will negotiate deals as a government that will enrich their personal property in a direct conflict of interest. They will be able to do this legally if Lakewood City  Council approves their service plan in May.  Why It Matters The LRA has extraordinary powers: it can borrow money, sue and be sued, condemn property, and distribute public financing to developers. When oversight is minimized or skipped, or in this case handed over to the developer; transparency, accountability, and public trust suffer. And when that’s happening on top of a Superfund site, it’s not just a process problem, it’s a public health issue and fiscal irresponsibility. Article 3 will dive into the specifics of what’s in the blight report/conditions survey, the gap analysis,  what the city has currently approved for this property, and the lawsuit filed by Lincoln Properties against the Green Mountain Water Board. Please Note, the author did send an email  on April 7th to the Mayor and City Council requesting to talk about this project.  No one has yet to respond. Important Upcoming dates: April 21st at 7 pm – Virtual Study Session with City Council and the Lakewood Reinvestment Authority (LRA) May 8th at 6:30 pm – Screening of the movie “Half Life of Memory, Rockleys Event Center 8555 W Colfax Ave, Lakewood, CO 80215.  This event is free! May 12th at 7 pm – City Council Meeting, 400 S. Allison Parkway, Lakewood, CO, 80226.  7pm  Public Hearing for the 1.) Creation of Urban Renewal District 2.) Creation of Metro District 3.) Approval of parkland dedication, including improvements in-lieu of a site greater than 15 acres.