Lakewood Informer

Resident generated news about Lakewood, Colorado

Lakewood Informer

Resident generated news about Lakewood, Colorado

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Lakewood’s Response to Panhandling

Submitted by Joan from Lakewood On July 26, 2024 , there were at least 20 individuals attempting to wash windows at the Wadsworth and Alameda intersection. Since both Denver and Arvada are addressing this issue, I believe the individuals are coming to a more friendly location. Very sad. Just four blocks from the City Council building and the police station yet no response. After submitting this story to City Council, not one member responded but someone did forward the email to city staff to address. The response is below. Why does City Council not feel the need to respond to legitimate concerns? Is responding as Lakewood “always has” enough? City Staff Response: “Thank you for expressing this concern regarding people trying to clean windows, we are examining all possible response options. We have also heard concerns of increased loitering at various businesses, panhandling, and issues like this relating to traffic safety, it’s important for us to acknowledge these valid community concerns. I’d like to offer some context regarding the legal and procedural changes that have occurred, which may shed light on the police responses observed in recent years in Lakewood (and across Colorado). In the past, the City of Lakewood had ordinances addressing aggressive panhandling and panhandling in certain locations. However, a significant legal precedent was set on September 30, 2015, when Judge Christine M. Arguello of the United States District Court issued a decisive order in Browne v. City of Grand Junction. This ruling specifically targeted panhandling ordinances similar to those in Lakewood, emphasizing First Amendment considerations and challenging the city’s ability to regulate panhandling activities while upholding constitutional rights of free speech. Also in Colorado, the City of Greeley instituted a “median ban” for traffic safety and panhandling purposes, while Cranston, RI instituted a restriction on solicitation and panhandling in traffic. Both of those ordinances were defeated as well in ACLU challenged cases. Those, and other court cases around the country, have changed the way police respond to panhandling issues compared to decades past. Following this legal precedent, the City of Lakewood repealed two specific ordinances related to panhandling, which were “Aggressive Begging Prohibited” (Section 9.50.120) and “Begging in Certain Locations Prohibited” (Section 9.50.130). Consequently, police agents were directed not to verbally warn or ask individuals on public property, holding signs or verbally seeking donations in a non-threatening manner, to “move along,” as had been done in the past, as it became a freedom of speech issue. Instead, the focus shifted to whether a panhandler’s behavior posed a threat to public safety. Illegal behaviors, such as blocking passageways or refusing to leave private property after being instructed to do so by the owner, are now the primary concerns. Law enforcement prioritizes enforcing laws against criminal activity associated with panhandling, such as disorderly conduct, harassment, obstructing roadways, or trespassing, rather than the act of panhandling itself. We will also focus on traffic safety, such as obstructing traffic or incidents which cause safety concerns to any road user. When local businesses call and complain about people trespassing, we are responding as we always have. As we see in the news, efforts are underway in the City of Denver to address the issue of mass immigration while other municipalities are identifying what the implications will be for them. What is most visible as people drive around Lakewood are more people on the street participating in activities such as window washing in traffic or panhandling on streets or nearby businesses. Again, we are examining all of our options, which may include education, enforcement and engineering changes. Obviously, the safety of all of our road users is of critical importance and know that we are striving to uphold public safety, and will examine local ordinances and state laws for ways to address any public safety concerns like we always have.”

Planning Director’s Decision is “Arbitrary and Capricious”

Information provided by Jonna Helm Updated July 28: Public Hearing set for 8/21 at 7pm Lakewood residents have filed an appeal to approval of the subdivision for 1515 Whippoorwill Dr under the following basis:  The Planning Department will now turn this over to the Planning Commission for a public hearing. Despite this not being a subdivision but a merger, the City is using the subdivision standards to evaluate the approval of the merger. In review of the subdivision standards, there are numerous other violations to the subdivision criteria and the bullets above are just a broad stroke of the issues that we will be addressed during public hearing.  See the formal appeal here, which alleges several improper processes and decisions. Residents anticipate that the hearing date will be sometime mid to late August or early September and ask for support by sharing concerns as with regards to safety of the street access, lack of public transportation, traffic control patterns and street connectivity in the subdivision ordinance:  Sign the petition: Change.org Here are just a couple of photo examples to illustrate the traffic problems on the blind curve. Unfortunately, there are no plans to mitigate these issues.    Video of one of many vehicles that get stuck or can’t up W. 15th Place in winter conditions.  This car tried for over 2 minutes to get up W. 15th Place and never made it. Today only a few cars access W. 15th Place but what happens when there are 300 trips per day with a single entrance and exit to the apartments through this intersection? The City and Developers have no answers. 

Upcoming Budget and Audit Board Meeting

Guest Post from Lenore Herskovitz On Tuesday, July 30 at 5:30 p.m. the Budget and Audit Board is holding a meeting in the City Manager’s Office Cabinet Room (2nd floor above City Council Chambers). This meeting is significant because the board will be discussing the results of a recent community survey that focused on sundowning Tabor refunds permanently in Lakewood. The City had budgeted up to $74,000 for the survey conducted by Magellan Strategies. It appears that the City is using OUR money to find a creative way to word a ballot issue to take away OUR money. Although the public is not permitted to comment at this meeting, it is interesting to pull back the curtain (similar to exposing the Wizard in the Land of Oz) and see how voters are lulled into believing that giving up our Tabor refunds is for OUR greater good. This is an “in person only” meeting. The members of the board will be discussing their recommendations for City Council. If you have any interest in the future of your Tabor refunds, please attend this important meeting and let the board know we are watching.

Lakewood Attorney to Address State Cover-Up

News Release from Anita M. Springsteen, Esq. UPCOMING PRESS CONFERENCE Topic: COVER UP OF CIRCUMSTANCES OF ELIJAH MCCLAIN’S DEATH BY THE STATE OF COLORADO GOVERNMENT When: 3:00 PM on Wednesday, July 17, 2024 (following Oral Argument before the Court of Appeals at 2:00 PM). Where: Front entrance at the Ralph L. Carr Judicial Center, 2 East 14th Avenue Denver, CO 80203. Civil Rights Attorney Anita Springsteen will be holding the press conference following Oral Argument to the Colorado Court of Appeals (in Case Number 2023 CA 1322, Sturgell v. CDPHE, et. al.) to address collusion by high level public officials, including the Colorado Department of Public Health and Environment (CDPHE) and the Colorado Attorney General’s Office, to conceal public records and protect bad actors responsible for the death of Elijah McClain (and for injuring thousands like him). This continues to put the public at risk today. The appeal addresses public rights under the Colorado Open Records Act and abuses of the system, such as unfair fees for public records and delay tactics, to conceal wrongdoing by government actors. It also addresses severe and ongoing consequences to public safety when records are illegally withheld, resulting in deaths and injuries. Although authorities would have the public believe that justice has been served in the Elijah McClain case and that legislation has resolved the ketamine issue – the real truth has not yet emerged. This appeal marks only the beginning. The underlying truth regarding death and injury to thousands of Coloradans (especially People of Color) caused by forcible injection with ketamine continues to be ignored and concealed by the highest officials of Colorado government. Despite an inadequate prosecution of officers and paramedics in the McClain case, justice has not been served. The worst actors (such as “medical directors” who misused their medical licenses and conflicted “regulators” at CDPHE) remain unpunished – protected by the CDPHE and in utter hypocrisy, by the prosecutors themselves – the Attorney General’s Office. In order to protect bad actors, CDPHE remains in violation of the Colorado Open Records Act – still refusing after four years of litigation to release copies of the fifty 2-page ketamine waivers given to fire districts. Waivers allowed paramedics to recklessly inject and kill innocent people without doctor supervision based on false claims of “excited delirium” – a condition they knew was fake and has now been officially debunked and outlawed. Why won’t CDPHE release the waivers? Because they know the waivers were illegal and that every time ketamine was injected, it was also illegal – making the state liable for thousands of injuries. The Emergency Medical Practice Advisory Council (EMPAC), an illegal entity overseen by CDPHE, approved ketamine waivers. EMPAC had no actual authority to waive the use of a deadly Schedule III controlled substance, or to illegally sign waivers. Why does this matter? This system of cover up continues to put Coloradans in danger as CDPHE fails to regulate paramedics and continues to employ those responsible for the ketamine deaths.Also, many Coloradans died because CDPHE refused to fill CORA requests as required by statute, blocking Plaintiff’s public safety investigation meant to save lives. CDPHE willfully and wantonly caused further deaths, like that of Hunter Barr. This blatant disregard for public safety and lack of accountability cannot stand. Government attempts to contain the damage by focusing only on the injury to Elijah McClain and only on lower-level bad actors, while still failing to provide real justice for anyone hurt by ketamine, must not be tolerated. Plaintiff and I call for a legitimate investigation into the injuries of all Coloradans injected with ketamine, and federal prosecution of those who violated the law. We also ask for the CORA statutes to be protected and for the end of EMPAC. For media inquiries, contact:Anita Springsteen, Esq. at 720-838-3421 or anita@springsteenlaw.comOwner of the Springsteen Law Firm, LLC – www.springsteenlawfirm.comFormer City Councilor for the City of LakewoodVice-chair of Legal Redress for Rocky Mountain NAACP (The press conference is not on behalf of RMNAACP, and statements made do not necessarily reflect the views of RMNAACP)

Bowman Acquires Lakewood, Colorado Water/Wastewater Firm Element Engineering

News Release from Bowman Consulting Group Ltd July 12, 2024, Reston, VA – Bowman Consulting Group Ltd. (the “Company” or “Bowman”) (NASDAQ: BWMN), a national engineering services firm delivering infrastructure design solutions to customers who own, develop, and maintain the built environment, today announced the acquisition of Element Engineering LLC (“Element”), a civil, water and wastewater engineering services firm based in Lakewood, Colorado.    Element serves rural communities and specialty districts throughout the Rocky Mountain West and Midwest. The firm delivers a comprehensive suite of professional, innovative, and cost-effective engineering solutions to its clients. Working with primarily municipal clients, Element strives to meet each client’s unique assignment and specification. “Element adds additional depth to our growing national water-wastewater practice and extends our presence throughout Colorado,” said Gary Bowman, chairman and CEO of Bowman. “Nick and his team have built a thriving business by focusing on the details of building relationships and delivering unrivaled client service.  Their proximity to our Denver operations provides an attractive opportunity to leverage each other’s relationships and resources.  I am confident this will be a successful combination of cultures, customers and opportunities.” “We started Element to deliver civil, water and wastewater engineering to smaller water authorities and municipal customers who weren’t being served by larger firms,” said Nicholaus Marcotte, founder and president of Element. “With Bowman, we will be able to continue our commitment to underserved customers but with a bigger set of resources and a deeper suite of services.  We will also be exposed to a broader assortment of local and non-local projects which is an exciting prospect for everyone at Element.  We’re pleased to be moving into this next phase of our company’s growth and evolution.” Financed with a combination of cash, seller notes, and equity, the acquisition falls within previously discussed target multiples and operating metric ranges. The Company anticipates the acquisition will initially contribute at an annualized net service billing run rate of approximately $4.0 million and be immediately accretive. More detailed information on M&A activities, pipeline, and guidance updates are provided in connection with scheduled quarterly and annual communications. About Element Engineering Element Engineering has been providing civil, water and wastewater engineering services since 2014. Founded by Nicholaus Marcotte, P.E., the firm has grown over the past 10 years to become a trusted service provider to many rural water authorities and municipalities throughout the Rocky Mountain West and Midwest. Specializing in water and wastewater treatment design, permitting, planning, funding, and design; enforcement orders assistance; GIS, mapping and asset management; and distribution and collection system modeling, analysis, and design the firm has licensed specialists providing designs to meet all related customers specifications. For more information on Element Engineering, their projects, and their services, visit www.elementengineering.net. About Bowman Consulting Group Ltd. Headquartered in Reston, Virginia, Bowman is a national engineering services firm delivering infrastructure solutions to customers who own, develop, and maintain the built environment. With over 2,200 employees and more than 95 offices throughout the United States, Bowman provides a variety of planning, engineering, geospatial, construction management, commissioning, environmental consulting, land procurement, and other technical services to customers operating in a diverse set of regulated end markets. Bowman trades on the Nasdaq under the symbol BWMN. For more information, visit bowman.com or investors.bowman.com.

City Manager Accountability Meeting Summary

Editor’s Note: City Council held a workshop on July 8, 2024, for the “City Manager’s Update to Council”, that is not available online. The meeting was expected to be one of four quarterly meetings to hold the City Manager accountable for the projects and priorities set at the annual retreat. Holding the City Manager accountable is arguably the single most important function of the City Council, since the manager runs the city. The discussion was not held in a regular meeting, nor was it broadcast. A few dedicated residents watched, recorded and reported for the rest of us. Thank you! This article is a summary of that meeting that turned out to have no accountability measures at all. However, there was important information about the budget, school closures, Foothills Animal Shelter, and the unhoused. Guest post from Joan from Lakewood *Minor edits to content made 7/15/2024 I personally attended the workshop meeting that was a pilot meeting held without any video or hybrid capacity. This was an hour meeting held before the regular meeting of the Lakewood City Council. I believe this program was instigated because there are supposed to be quarterly reports by the City Manager as to what is happening in the city. The City Manager, Kathy Hodgson gave a report with a list of topics that she said were top of mind. She gave a preview of the budget, which will be approved in August. She addressed to city employee vacancies, a long time employee with the City Manager’s office and the Director of Community Resources (Kit Newland has retired- Amber Thill is Interim Director) which should be filled by the end of the month.  There was a brief mention of the slash/recycle project.  There was an update on the Jefferson County school closures. There are five school properties in Lakewood that are being disposed of. Supposedly these properties should be sold at market rate.  This contradicted what was told to the Vivian neighborhood at their Information meeting.  Hodgson told how this disposal is not as easy as Jeffco Schools imagined. There was a school property in Westminster that had in its deed that if the school was closed, the property would revert to the City of Westminster. The city is planning on demolishing the building and creating a park. (this is what the neighborhood of Vivian elementary would like to see happen. I suggest they do a deep dive into the history of that property.) Hodgson then mentioned a project they were looking at located at 20th and Quail. This is a piece of property currently owned by Denver Water that was previously a YMCA camp. I believe there is talk about assuming ownership of the space.   There was a scheduled tour for the city council members on 7/9 to view the recently approved purchase of the land to expand the Lakewood maintenance buildings. This is a big project and will require more funding in the years to come. It seems that it will take 5 to 10 years to complete this project. Kathy Hodgson then addressed that she’d received a memo from the Jefferson County manager on the fact that the county would no longer be supporting Foothills Animal Shelter. This is not a done deal and there is conversation and negotiation happening around this situation.  The other update was about the Navigation Center and Recovery Works operation during renovation. Because the navigation center must remain as an emergency shelter, no construction can be done between 1 October and the end of April. So the renovation must occur during more months and that leads to the navigation center being closed for the summer months of 2025 as construction cannot happen with the building being occupied. The other Lakewood news about the unhoused and the City Council is the development of a municipal code for sleeping units. This is not a zoning change so there will be no hearings on this topic. They are looking for a site to develop palette or small houses for the unhoused. The first reading of this code change will happen In the future (tentatively scheduled for 8/12 for the first reading and 8/26 for the second reading). The last issue addressed was an operational issue about busy intersections and window washing. Kathy Hodgson introduced a sign and discussed some of the solutions that DrCOG, City of Denver, and City of Arvada have arrived at. There was some discussion and it was decided that city Council members would review the draft sign and give feedback by Monday 7/15. There was a very little time for questions by the City Council members, and it was noted that this was a good start on communication. I believe that they will use this format next quarter with a little more time scheduled.  I personally did not understand why this report was not made in the regular meeting that followed, and why there was no video recording of this meeting. Here is the disclaimer -as I was taking personal notes and might have gotten some details wrong please consult with your city council members if you have any questions.  Recording of meeting (thank you Cathy!): Recording is hard to hear. Unedited transcript available here

FEDERAL CENTER METRO DISTRICT EVALUATION INCLUDING GREEN MOUNTAIN HOOKUP

Cross post from RooneyValleyNews.com A multi national $20 Billion developer from Dallas Texas has proposed a metro district at the Federal Center development.  Their counsel is one of the premier developer law firms who has led the way in creative ways to maximize developer control over resident metro districts and maximize developer profits. Here is an evaluation of the proposed Service Plan – the charter which will create the district if adopted by Lakewood City Council.  Also here is also an evaluation of the proposed resolution the developer asked GM to sign supporting the new metro district and creating an IGA to hook up with GM (Green Mountain Water and Sanitation Board). Both the full Service Plan and the proposed pre IGA resolution with GM are attached below.  References to the Service Plan are provided throughout the presentation. Read more from RooneyValleyNews.com

Our Tax Dollars at Work – Jefferson County Property Tax

Repost with permission from Bob Adams, Nextdoor The Jefferson County Commissioners met at 9 AM on, 9 July, 2024 in a public meeting to vote on a ballot proposal to allow them to keep all the excess funds they overcollected with our 2024 property tax billing. These excess funds would normally be refunded to us because of TABOR. I attended the meeting. Why overcollected? For several years, the County Commissioners have failed to produce a sound budget. Instead, they spent more than their revenue and drained reserve funds to make it APPEAR they had a balanced budget. This year, they ran out of reserve funds and accounting tricks. The County Assessor did a reappraisal in 2023 as required by State law. Overall, the appraised value of all properties increased by about 37%. By State law, the commissioners were supposed to adjust the mill levy downward to adjust the overall revenue to equal the County budget. Governor Polis even sent a letter asking them to reduce the mill levy. They failed to do so. Instead, they intentionally kept the previous year’s mill levy knowing full well they would collect millions of excess dollars. The Commissioners then contracted to spend $340,000 of our tax dollars with a politically connected company, The Bighorn Company – Democrat Brittany Pettersen’s husband’s company, to write a ballot proposal (read more about Jeffco and Lakewood lobbying). I attended the 9AM meeting and it originally seemed all sides of the issue would be heard fairly. I was wrong. The commissioners gave no serious consideration to budget cuts and didn’t mention wasteful spending (such as the County Clerk’s holiday party). They politely listened to all public comments, then IGNORED all comments against or to improve the ballot proposal, and quickly voted to approve it with little discussion and no changes. This proposal is sneaky and deceptively written: “WITHOUT INCREASING ANY TAX RATE OR MILL LEVY RATE, AND TO FUND: ● TRANSPORTATION AND INFRASTRUCTURE (BUILDING, MAINTAINING, AND REPAIRING ROADS, BRIDGES, POTHOLES, AND OTHER COUNTY INFRASTRUCTURE); AND ● PUBLIC SAFETY (WILDFIRE AND FLOOD MITIGATION AND RESPONSE, ADDICTION AND MENTAL HEALTH PROGRAMS, CRIME PREVENTION PROGRAMS AND STRATEGIES, AND OTHER COUNTY PUBLIC SAFETY FUNCTIONS); SHALL JEFFERSON COUNTY BE AUTHORIZED TO COLLECT, RETAIN, AND SPEND THE FULL REVENUES FROM AUTHORIZED REVENUE SOURCES BEGINNING IN FISCAL YEAR 2024 AND IN EACH FISCAL YEAR THEREAFTER; AND SHALL RESULTING REVENUE AND EARNINGS BE TREATED AS A VOTER APPROVED REVENUE CHANGE AUTHORIZED BY ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW; AND SHALL RESULTING REVENUE AND EARNINGS BE REVIEWED ANNUALLY BY AN INDEPENDENT AUDITOR AND A CITIZENS ADVISORY COMMITTEE?” Why is it deceptive? The ballot provision does away with ALL current and future TABOR protections – but doesn’t say so. It also does away with the annual 5.5% property tax cap. It implies there would be no tax increase. In fact, it’s a major tax increase. It says no increase in the tax rate or mill levy which is a half-truth. With the huge increase in the 2023 property appraisal, the mill levy was supposed to be reduced. Instead, they kept it at the previous high level resulting in a windfall increase in revenue. As a result, it allows the commissioners to INCREASE future tax rates without any taxpayer control. Looking at and analyzing the facts and events that led to this ballot proposal, it certainly appears this is a deliberate, planned effort by the Commissioners and county to keep and spend the excess property tax revenue they collected this year (2024) and eliminate TABOR and all other legal restrictions on increasing property tax in the future. Don’t be fooled. The commissioners want us to vote to approve a huge property tax increase now and into the future with a clear attempt to pull the wool over our eyes. People who don’t own real estate in the County may think this won’t affect them, but it will. Landlords will pass along the tax increase in higher rental rates and businesses must pass along the tax as higher prices on their goods and services. This ballot proposal will increase inflation even more.

Increased Housing Density Coming to Your Neighborhood

The City of Lakewood is looking for a consultant to write new zoning codes to: Current efforts to density have caused Lakewood to develop problems with traffic, stormwater drainage, parking and more. Existing developments have not been designed for high-density. The city has not offered any solutions to these problems. In fact, parking is such a problem that Lakewood is studying requiring parking permits for residents – paid for by residents – rather than mandating increased parking in development plans. This proposal will intensify that problem and increase the amount of resident-funded parking permits throughout Lakewood. Lakewood appears intent on exacerbating existing problems by allowing more densification to solve another problem… affordable housing. It must be noted that parking, traffic and stormwater management are key functions of the city government, whereas housing is traditionally regarded as a market-based function. There are two citizen-led initiatives in Lakewood news demonstrating that current densification is not in line with the city’s existing ordinance to maintain the existing characteristics of existing neighborhoods: a new development near Belmar Park and on Whippoorwill near Youngfield. City ordinances are a series of laws that rule Lakewood’s development. However, Lakewood staff can interpret these rules through the lens of the city’s Comprehensive Plan. The existing Comprehensive Plan states (pg 3-12): “The City will continue to support the diverse image and character of the community by maintaining the existing characteristics of neighborhoods with existing single-family residential zoning; creating appropriate transitions between commercial, multi-family, and mixed-use development and single-family zoned areas; and encouraging contextually appropriate infill and redevelopment projects.” For the last several years, Lakewood has de-emphasized the existing characteristics of neighborhoods and transition zones in favor of other factors, which has caused conflict with resident groups, such as those mentioned above. Lakewood is currently developing a new Comprehensive Plan to show the direction of the city for the next fifteen years. The densification proposal coming out before the 2040 Comprehensive Plan is finalized shows that Lakewood anticipates knowing what the results will be, regardless of any input the community provides. The proposal reads: “The Contractor will identify goals, recommendations, and implementation strategies, to ensure the new code is consistent with the 2040 [Comprehensive] Plan.“ Since this proposal calls strictly for plans to densify, it appears that the Comprehensive Plan may have to be adjusted to match densification, rather than vice versa. The Planning Commission will serve as the community input for this project. See the full proposal here:

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