Lakewood Informer

Resident generated news about Lakewood, Colorado

Lakewood Informer

Resident generated news about Lakewood, Colorado

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Lakewood Abuses Emergency Declaration Power

Cold weather has been an accepted fact of Colorado life for thousands of years. That is, except in Lakewood, where normal winter weather has been declared an emergency for the last two years. The city’s seasonal emergency declaration allows Lakewood to bypass its own procedures and operate a homeless shelter — without a required permit. Did Lakewood lack planning, or did the city plan to use an emergency declaration to purposely operate without official votes? Another emergency declaration will be made, if it hasn’t already been, for 2025, the third year in a row. “Any time there is forecast to be an extraordinary emergency/extreme weather event involving sustained temperatures at or below twenty (20) degrees Fahrenheit I have determined that a local extreme weather emergency exists requiring and authorizing me to exercise any or all of the emergency powers vested in me as City Manager…” Extraordinary weather event? Meaning natural Colorado winter weather? Sustained cold? Like, overnight? How is this extraordinary? “In Lakewood, the summers are warm, the winters are very cold and snowy, and it is partly cloudy year-round. Over the course of the year, the temperature typically varies from 23°F to 87°F and is rarely below 7°F or above 95°F.” –Weatherspark.com The weather itself is not the emergency. Rather, Lakewood leadership wanted to start a homeless shelter but did not want to go through the normal process of public hearings to decide on a homeless policy.  This public process would be open for community comment but the establishment of homeless shelters is a contentious issue that could lead to unfavorable attention. So, to avoid this prickly issue, it appears that Lakewood City Manager Kathy Hodgson issued an emergency proclamation declaring that normal weather is an emergency, completely bypassing public policy processes, presumably with City Council’s full approval. With this emergency mechanism in place, Lakewood could immediately start operating a homeless shelter.  Interestingly, Lakewood had already applied for state funds, assuring the State that it would get the required permit when necessary.  Unfortunately for the citizens, by the time the permit hearing is held (still in future), Lakewood leadership could claim the emergency process has been historically in place for the past few years, with funding appropriated – thus automatically approving the required permits.   A permit is necessary by code to operate a homeless shelter.  Lakewood had to write a new law in 2023 to operate a temporary shelter. The emergency shelter mechanism appears to be a carefully constructed misinformation tactic that abuses the public trust.  Most significantly, Lakewood has completely bypassed important public policy discussions which resulted in citizens in cities like Arvada to vehemently oppose proposals for getting into the homelessness industry. From Lakewood City Council Study Session, November 18, 2024: “Our hope is that we can ribbon cut this address as a 24/7 shelter in 2025,” said Chris Conner, Manager Housing and Thriving Communities.  He assumes the shelter permit will be approved. Still, there was no mention of public policy debate of homeless response in Lakewood and no response to public criticism of the current shelter. City Council has made it clear during study sessions that they approve of staff policy. Study sessions have no public comment or votes. The only vote so far has been to approve the fund appropriations. There will also be the anticipated vote from the Planning Commission for a shelter that everyone seems to think is guaranteed. Lakewood City Manager Kathy Hodgson continues to get annual bonuses and salary increases, while Council approves of finding legal loopholes to make policies materialize without official Council votes. That keeps the policy power within the City Manager’s office and allows those involved to blame others for the lack of proper public process.   Read the 2024 emergency declarations yourself…

An Unused Strategy to Housing Affordability

From SaveBelmarPark.com Have you noticed that Lakewood City Council has dug in pretty deep on their pretend parkland ordinance crisis and their related commitment to litigation and media manipulation over their job which is legislation to address the issues they created?  We hope a more constructive attitude eventually emerges on city council. In fact, we noticed the other day a Lakewood resident and attorney popped up on TV news with an issue that Lakewood wants 1,300 square feet of parkland dedication to allow her ranch home to be leveled and a new home built. While this nice lady made some excellent points, the news reporting seemed to implicate the thousands of good citizens of Lakewood who brought forward the fee-in-lieu removal ordinance for causing the problem as if City Council has no authority or responsibility to consider any useful changes to the ordinance they adopted. I did take the liberty of contacting her architect from their public email address and suggesting that City Council is authorized to address her concerns.  I had previously communicated that information to the reporter but apparently some facts are not news. Read the full email here… And read more about the housing design strategy already used in Europe here…to learn about

An Unused Strategy to Housing Affordability

From SaveBelmarPark.com Have you noticed that Lakewood City Council has dug in pretty deep on their pretend parkland ordinance crisis and their related commitment to litigation and media manipulation over their job which is legislation to address the issues they created?  We hope a more constructive attitude eventually emerges on city council. In fact, we noticed the other day a Lakewood resident and attorney popped up on TV news with an issue that Lakewood wants 1,300 square feet of parkland dedication to allow her ranch home to be leveled and a new home built. While this nice lady made some excellent points, the news reporting seemed to implicate the thousands of good citizens of Lakewood who brought forward the fee-in-lieu removal ordinance for causing the problem as if City Council has no authority or responsibility to consider any useful changes to the ordinance they adopted. I did take the liberty of contacting her architect from their public email address and suggesting that City Council is authorized to address her concerns.  I had previously communicated that information to the reporter but apparently some facts are not news. Read the full email here… And read more about the housing design strategy already used in Europe here…to learn about

Some Coloradans in Lakewood concerned about voter turnout in upcoming special election

 By Andrew Haubner, CBS News Note: Thank you Andrew Haubner for shining a light on Lakewood in time for people to learn about the special election! The election will be held before March 25, 2025. Some residents of the municipality of Lakewood are concerned about the possibility of low turnout in an upcoming special election. There are two city council seats, Ward 3 and Ward 4 — two of the largest wards in Lakewood — that are up for grabs this year. Council member Rich Olver, who was known as a dissenting voice on the council, resigned and moved to Arizona. Resident Karen Morgan said his voice was needed in the face of a council that typically is in lockstep.  “[There are] little details that Rich would bring up and that was great,” she told CBS Colorado, “and we won’t have that.” Some of the largest issues in Lakewood persist; crime, homelessness, and housing. In Ward 3, in particular, the continuing fight over property development in Belmar Park will be an important part of the voters’ decision. Read more and watch video…

Lakewood’s Gross Misinterpretation

From Cathy Kentner This week it came to light that the city of Lakewood is disseminating purposeful and gross misinterpretations of the new parkland dedication ordinance. City officials have made the decision to require land dedication for the replacement of a single family home while blaming it on the recently passed Save Open Space Green Initiative.  And, what is even more ridiculous, they have told a landowner they must create an easement, a part of their yard, that would be open to the general public. This is clearly not what the new ordinance states. 1. The parkland dedication ordinance does not require land dedication when an individual is replacing a single family home with another single family home. For decades the parkland dedication ordinance, and resulting formula, has been based on the number of anticipated residents added to the city. Therefore, when replacing a single family home with another single family home, no land dedication is required because there are no residents being added. 2. The parkland dedication ordinance does not require an easement for public access on private property. Even if the city were to erroneously require land dedication, the ordinance clearly states “The land area that may remain in private ownership must be added to the project’s open space requirement…”  The open space requirement on a home does not require an easement open to the public. It would seem that the City is deliberately putting up an unnecessary barrier for a single family home replacement and blaming it on the newly passed ordinance. Yet at the same time, the city is going out of their way to mitigate if not eliminate any barriers that would inhibit large developments of market rate and luxury apartments. Instead of encouraging families to stay, we cater to big money developers and corporations. In the process we displace longtime residents who can’t afford to live here anymore and cause urban sprawl as they go further from Lakewood for a single family home. The Save Open Space Initiative was not created on false pretenses. There is no covert agenda to stop growth as some have suggested. The reality is we have a finite amount of land. If it is being absorbed by large expensive developments with no required provisions for open space, parkland dedication, trees, or affordable units, we will be creating an unaffordable, unhealthy environment for future generations. This initiative aims to restore the balance of open space and parkland with the creation of the kind of housing that is wanted and needed. Much was lost over the past 12 years when developers all chose to pay a fee in lieu of land dedication. The Save Open Space Lakewood Green Initiative was passed by the city council who can, and arguably should, direct their staff to follow it appropriately. If necessary, council could very easily amend the ordinance to clarify that adding one unit does not meet the threshold for parkland dedication. Perhaps if the city supported its residents with the same vehemence shown to developers, we could diminish the divisiveness that dominates our discourse. Original News Story Lakewood family looking to rebuild home told they must give up part of property under new ordinance, Danielle Kreutter, Denver 7

Whippoorwill Withdrawn

From Jonna Helm, as of November (apologies for the delayed posting) After 18-months of the community sharing concerns surrounding the site suitability and safety issues with the entrance and exit through Youngfield St for the proposed development on Whippoorwill Dr (Williams Pointe apartments), the developer has officially withdrawn their major site plan application and canceled their building permit application with the City of Lakewood.   Over the course of the last year, the development underwent six separate major site plan reviews with the City of Lakewood’s Planning Department. At the time that the developer withdrew the major site plan application, the site plans still had challenges that had not been rectified, and the plans were not approved.  During the last snowstorm, we shared with the developer’s board members and city staff, yet again, multiple incidences of vehicles unable to make it up W. 15th Place, which is the location that the developer chose for the sole entrance and exit for the apartments.      As one resident wrote to the developer’s board members in response to our email: “ Thank you so much for sharing these events which highlight the issues we’re facing in what’s only the beginning of our winter season. It’s blatant negligence at this point for the city to ignore our concerns and move forward with W 15th Pl as the ingress/egress for the Williams Point project and I truly hope they make an impact, before it’s too late”. The following day, we received multiple emails from the developer. The first email in response to sharing the videos: “Thanks you for sending this information. I believe you should continue to work with the city on the lack of safe streets in your neighborhood”. Followed by another email: “I’m writing to inform you that we will not be completing our financing of Williams Pointe this year. We will continue to work on temporary and permanent uses of the property”. At this time, we are unsure what the developer is planning for the site but we can only hope that between the cost and complexity of developing this small, steep hillside and the headwinds and challenges that had not been able to be rectified through six separate review processes, that the land will be kept as open space or used to expand the adjacent Blue Star Memorial Park, which is currently a small road-side park along W. Colfax Ave, that is dedicated to our armed forces.  Blue Star Memorial Park – City of Lakewood At any rate, we thank the community and everyone who has taken the time to share and bring these concerns to the attention of our city and developer.  

Lakewood Chooses Which Lives to Save- Homeless First

Lakewood has spent time and money trying to find a correlation between homeless deaths and cold weather. This might seem obvious, but Lakewood elected officials want to claim the number of lives saved. However, the statistics don’t cooperate. There are no weather-related deaths identified amongst Jefferson County homeless. The leading causes of non-natural death in Lakewood are from mechanical falls, drugs and suicide which far outpace weather exposure. City Council is not spending millions of dollars on those causes. Even the number of homicides in Lakewood outstrips the number of deaths from exposure in all of Jefferson County. No increased spending on police. Is the priority really saving lives? Which lives are the responsibility of Lakewood government? Current statistics are that two Jeffco homeless a month present for help with hypothermia-related symptoms in emergency or urgent care. From 2020-2023, 8-12 Jeffco residents die from hypothermia per year. This category was not significant enough to break out in prior years. There is no data on which city these people are from or if they are unhoused. With the number of unhoused increasing in Jefferson County, the likelihood of any accident will also increase. The Jeffco coroner did not identify any deaths from weather-related or hypothermic causes among people experiencing homelessness” (from Lakewood Study Session presentation minute 14) It is an unfortunate reality that people experiencing homelessness suffer due to the cold. However, it is not a significant cause of death, despite what elected officials are saying. Lakewood Manager of Housing and Thriving Communities, Chris Conner, provided various reasons as to why homeless did not die of hypothermia, including that Lakewood is now saving them through the new shelter. The data shows that hypothermic deaths are not statistically significant in any Jeffco population, before or after the shelter started. From the Jefferson County Coroner’s Office 2023 Report City staff highlighted statistics from the Jeffco Coroner’s report which shows the total number of accidental (non-traffic) deaths across all of Jeffco. Weather exposure is the 4th leading cause of death in that category with a total of 9. MECHANICAL FALL: “The majority of accidental deaths investigated by the Jefferson County Coroner’s Office (JCCO) are due to injuries such as hip fractures or intracranial hemorrhages from mechanical falls in the elderly population. Accidental overdose or drug toxicity deaths also account for a large portion of accidental deaths investigated by the JCCO.” Given the statistics, unless they are elderly, an unhoused resident is far more likely to die from drug intoxication than exposure to the elements. A closer look reveals that the number of county-wide deaths from exposure is far less than the number of Lakewood suicides, traffic accidents or homicides. (Note that the traffic accidents did not occur on any road with the newly lowered speed limit.) Although most deaths are from natural causes, there were 15 homicides in 2023 and City Council has repeatedly refused to investigate crime as an issue. There is no breakdown of accidental, non-traffic deaths, that occurred in just Lakewood but those statistics have been requested for future reports. Westword did an in-depth investigation into exposure deaths among the homeless and found that all 8 deaths in that year were accompanied by drug or alcohol intoxication. Given the amount of death by drugs, if Lakewood’s goal was to save lives, a better priority may be to get into the business of mental health or drug treatment, rather than shelter.

Lakewood Expanding Homeless Program

Denver’s Sanctuary City status has pushed many of Denver’s homeless into Lakewood. As a result, Lakewood has taken up Denver’s homeless industry and is building a multi-million dollar business. And just like Denver, Lakewood is relying on growing the homeless response. Left unsaid, is that to continually have more response, there must always be homeless to respond to – a reinforcing circle of political expediency that has caused Denver to be one of the worst in the nation despite spending $274 million. Lakewood’s latest study session reveals city staff expanded emergency days and City Council is asking for more. All without any council vote on a city homeless policy – which would easily pass but would require public hearings. All Council Members who spoke at the meeting encouraged more spending and more services for the homeless shelter. Several thanked staff for coming up with this policy although policy is Council’s domain – after a proper vote. Mayor Strom acknowledged on November 18, 2024 that homeless advocacy was a new thing for Lakewood to get involved in and there have been growing pains. She also acknowledged that having good communication to notify people when the shelter was open was very helpful. Council Member Mayott-Guerrero was also thankful for more communication between staff and Council but was concerned even more was needed. She asked if Lakewood had enough homeless navigators to get the word out to the homeless community. Like Mayor Strom’s statement, there was no concern expressed for letting the rest of the community know what was going on or if they agreed. Chris Conner, Manager of Housing and Thriving Communities, said several times that turning people away from the shelter was untenable and that Lakewood would need to grow services in order to be sustainable. He said he did not want to open the shelter permanently without knowing that there was overflow capacity, which the county is currently filling. Jefferson County provides hotel vouchers for shelter overflow. Vouchers are coveted commodities so Lakewood staff work hard to randomize so that no one can exploit a system just to capture a hotel room. Hotels may not be within Lakewood. Lakewood provides transportation to hotels, through Bayaud Enterprises. Jefferson County pays to bring people back from hotels in order to return the unhoused to Lakewood. Lakewood had a bid out, as of November 18, that would include paying for transportation again in 2025. The unhoused are incentivized, and reportedly prefer, to stay in Lakewood, a growing program. Lakewood staff has new emergency criteria that will open the shelter 50-70 nights a year while also increasing the amount of people served by 50%. Conners said that solutions to homelessness would be to either increase shelters or move people into housing. He said that the move to housing will be when he would be asking for more help in terms of personnel and budget, meaning he is not talking of personal homes. Keep in mind that Lakewood is altering its ordinances to allow for temporary housing, that seems to fit the definition of housing as a solution, i.e. Lakewood permanently funding housing for a population. In every case, the feeling is that more resources are needed with no limit. Councilor Sinks expressed the concern about getting the 24/7 operations started soon. Council Member Cruz acknowledged there is more need in Lakewood than we can currently handle so she welcomed the county program to pay for hotel rooms. She is happy that Lakewood expanded the days the shelter will be open. Again, no council vote was taken on any policy regarding days or policy to open. Many Councilors expressed the hope that other cities follow Lakewood, including Mayott-Guerrero, Cruz, Shahrezaei, Low, and Rein, and some asked how Lakewood could pressure other cities into participating. Will surrounding cities give in to peer pressure to start homeless initiatives or will they listen to their constituents first? Arvada had to cancel the plans of City Council after listening to residents. Lakewood is not even listening to the neighbors of the shelter as crime increases and Lakewood becomes a magnet for homeless. Mayor Pro Tem Shahrezaei expressed gratitude that city staff built a policy that includes what she was hearing from stakeholders. What stakeholders? There was no city survey like they do for much smaller projects such as an individual park plan or giant multi-step surveys to keep your tax dollars. And isn’t it the job of City Council to set policy? Shahrezaei’s statement acknowledges the runaround and backroom dealing that made this homeless shelter slash navigation center possible. Her statement also corresponds with that of Strom and Mayott-Guerrero, celebrating the increased communication with everyone but the community at large and only after the plan was implemented. Council Member Low thanked the staff for “framing the discussion around the hypothermia issue and the emergency room visits.” He went on to say, “I think that’s a very sobering but meaningful statistic for us to be looking at and hopefully we can continue to have that number be zero or as close to it as possible so if we could have the city continue to get us that at least annually to assess whether this is continuing to save lives.” There was no explanation as to why, if the number of deaths has always been zero or close to zero, Lakewood would need a shelter. It is unlikely that a shelter will decrease deaths below zero. Low is also interested in having city staff expand meal services at the shelter, an idea brought up by several councilors previously. He encouraged staff to increase the budget for next year as necessary to support the clear agenda of City Council regarding this activity. All Council Members who spoke at the meeting encouraged more spending and more services for the homeless shelter (Councilors Olver and Nystrom were silent). Nothing really new came out of the study session, except this may be the only time residents will hear that Lakewood will be expanding homeless

LAKEWOOD SUED by developer of Belmar Park

From Save Open Space – Lakewood List of related news articles continuously updated Kairoi Properties L.L.C., developer of a planned 412-unit luxury apartment building at Belmar Park, sues Lakewood for enacting an environmentally friendly green initiative  The citywide citizen sponsored initiative requires all developments to dedicate green space in lieu of its 13-year tradition of adding to the City’s coffers If Kairoi loses the lawsuit, monstrous buildings planned at Belmar Park and at Quail and Colfax will need to be drastically reduced in size  Lakewood, December 26, 2024—This week we present the latest episode of the 13 year-long soap opera, “Lakewood’s Big Lie,” which depicts the dramatic twists and turns of a city that prioritizes large scale developments over nature and its own residents. During those years, Lakewood has given developments carte blanche to ignore as many of its codes as they desire, including tree canopy, climate change goals, seamless architecture in a neighborhood, and affordable housing. On Monday, December 23, it became public that Kairoi Properties LLC had sued the city over the Green Initiative that its city council had passed but doesn’t really want. An explanation of the bizarre turn of events including the political motives behind this unnecessary legal action, is best summed up in the following excerpts from resident Steve Farthing’s email to the savebelmarpark.com group: “Most city council reps took the position [at the November 4 City Council meeting] that the ordinance, as written, would be ruled illegal if a legal challenge were raised in front of a judge. “They actually discussed that adopting the ordinance and then inviting the city to be sued would be a prudent course of action!  This was after one of their members even advised they could simply adopt and repeal the problematic ordinance.  That comment fell on deaf ears. “Is it any wonder our valuable parks and habitats are managed by ignoring science such as the science regarding wildlife buffer zones?  By gosh and by golly, if our council members don’t grasp that they are legislators, we are in trouble.  And so are our parks and natural areas. “Litigation should be the last resort after best efforts are made at an effective and legal legislative solution or at least a reasoned decision to repeal. “And don’t forget how much some councilors talked about not allowing the Lakewood voters to weigh in on this ordinance due to the cost of a mail ballot election but they are perfectly OK with the cost of litigation which could be more than an election. “In reality, the concern about letting voters vote could be that the open space issue in Lakewood would get much more attention once you mail a ballot out to every single voter in the city.   “If you are trying to get re-elected, you might not want too much attention paid by voters to the open space issue.  When you combine that with the Belmar Park fiasco, it could be political Kryptonite on election day.  Or maybe Mentos and cola.  You pick. But a mail ballot open space-related election could be a ‘no-no’ to some councilors seeking re-election later in the year.” Farthing’s comments are supported by the facts that (1) the City rushed the signature counting process and (2) scheduled the special meeting on November 4, the day before elections, and (3) filed a lawsuit after hours on Friday, December 20.  Both dates were likely chosen to avoid media scrutiny.   The lawsuit was submitted so it wouldn’t become public until Monday, December 23, two days before Christmas. Lakewood’s Big Lie became apparent to many in the spring of 2023 when residents learned that for more than two years the City had secretly planned to approve Kairoi Residential’s massive luxury apartment building that would tower over much beloved Belmar Park. The five and six story building would have more than 80 units per floor, a two football field footprint, and require the removal of 65 mature trees.  It would extend its boundaries right up to the existing park sidewalk. No environmental study was performed in a park known to be uniquely rich with 240 bird species and treasured for its tranquility. Hundreds of residents pleaded with the City Council for months to do something about how devastating the monstrous building would be for them, wildlife and birds. Council responded by feigning support, falsely claiming they were powerless to act, and later saying but never demonstrating that they had been working on the issue for months. Kairoi Residential, a billion dollar developer based in San Antonio, Texas, and with an office in Denver, has another project in the works in Lakewood consisting of 850 luxury units that would replace a King Soopers grocery store and create a food desert at Quail Street and West Colfax Avenue.   Cathy Kentner, a Jeffco school teacher and community activist, who spear-headed Save Open Space – Lakewood (SOS – Lakewood) and the petition, opined, “When elected officials fail to respond to the public’s wishes, the people have no other avenue than to exercise our constitutional right to direct democracy and the ballot box.” SOS – Lakewood was formed to petition the city council to eliminate the practice of accepting a fee instead of following Lakewood’s land dedication requirements. The initiative petition, through an historic all-volunteer effort, garnered 6,492 valid signatures — far more than the required 5,862 — to force City Council to either enact the legislation or send it to the voters. It should be noted that the volunteer signature gatherers began their work months before the State Legislature added wording to HB24-1313 requiring a “fee-in-lieu” option. Lakewood’s city officials were well aware early on of the specifics of the people’s initiative.  At no time did they attempt to collaborate with community advocates to develop a compromise for an ordinance that would address the concerns of all parties. Instead, they waited until the November 4 special meeting to air their harsh criticisms.   Councilor Paula Nystrom sought to provide constructive advice to her fellow councilors at the November 4 meeting. She

Will Lakewood Greenlight Non-Compliant Xcel Gas Line?

From SaveBelmarPark.com Lakewood has issued a directional drilling permit ROW24-01480 to the developer as follows: “Xcel Energy gas main extension for new build.” That might sound like a typical thing to do for a new build.  But there are some problems.   No ‘new build’ has been approved.  Or has it?  Has the city made a secret deal?  Why does the city assume this is a done deal when it is still up to the Planning Commission to decide?  Do city staffers have inside information?  Have city staffers been having ex parte discussions with Planning Commission members regarding approval of the project?   Based on this new permit issuance and the included announcement by the city that there will be a new build at 777 S Yarrow St, we urge that the entire Planning Commission recuse themselves from the decision and refer the matter to the next appeal level in order to avoid what would obviously be a predetermined and biased decision. And further, doesn’t it seem strange extending an Xcel natural gas line to serve an unapproved site when Xcel has explicitly stated the site plan proposal ‘does not seem feasible’?   Especially considering the gas line requirements Xcel specifies have not been satisfied even on the 4th site plan submittal from the developer? Read more here…

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