The 2025 budget presentation included a sales pitch to keep your TABOR refunds. Each department made note of which projects would be funded by TABOR and made a simple statement along the lines of “Without the additional TABOR revenues, the city will have less revenue.” Lakewood’s Chief Financial Officer, Holly Bjorklund, dedicated extra slides detailing how TABOR retained tax funds were used, by the specific project and by the department, to make an impressive list of accomplishments. Staff did not note which projects would go away if sales tax revenue decreased. There was no note detailing ways to increase sales tax revenues through economic development. No Council Member asked to spend less.
TABOR retained funds accounts for 1.23% of all funds. In contrast, sales tax is the biggest source of revenue at 41%. Sales tax is also used for parks and police and all other city functions. It would be normal to focus on the bigger percentage of funds to present a clear budget picture. Instead, Lakewood focused on the single-digit, smaller source of funds. Coincidentally, Lakewood initiated a ballot vote to retain these funds permanently into the future.
TABOR is the most mentioned fund but among the least significant.
All this focus on TABOR by the city is to influence the upcoming vote that the city sponsored. If you have any doubts about Lakewood influencing your vote, see the list of TABOR-funded projects that the city has thoughtfully provided on its website.
There would be no need to focus on one, little, over-collected fund if the city would:
Spend within budget limits
Maintain a balance between residential service expenditures and incoming revenues
Maintain business growth to residential growth proportions
Note the jump in retained TABOR fund in 2017, coincident with the city’s ability to retain. “Through the ballot measure in 2018, Lakewood voters approved lifting the TABOR limits on the city’s budget from 2017 through 2025” – Lakewood 2025 Budget Book
We all rely on our elected officials, both paid and volunteer to do the right thing, work together, and make the best decisions possible for the city, county, and school system. When they aren’t talking, community amenities are put at risk. Our neighborhood, in the north end of Ward 1, is in a position to lose many amenities that can isolate a neighborhood. We are being handed “plans”, then input is received and largely ignored, with a concession here and there. Here are the example of what we are experiencing:
Graham Park & Graham House:
The Graham House and Park were donated to the city for a park with house for meetings and education. Last Autumn, a small group of neighbors and HOAs (in a largely non-HOA neighborhood) were notified of “improvements” to this park. The plan included the demolition of the Graham House. The reason for the demolition plan was the cost of fixing up the building as event rentals had decreased, largely for the reason that the building had not been maintained. According to counts of the responses on at the initial community meeting and on https://www.lakewoodtogether.org/grahamparkimprovements , community members want to keep the building, yet this request was ignored. The new plan after community involvement, is to demolish the building. An open records request response said that there is no record of a legal review by the City Attorney whether or not demolishing the building in respect to our city charter is legal, section 14.3, page 40. Today, I requested of all our city council members a legal review of the plan to demolish the Graham House within Graham Park. If there is an objective lawyer out there reading this who would like to give a pro bono opinion to the community, please do.
Vivian Elementary School:
JJeffCo School District decided to close Vivian Elementary School. The school exists on a parcel of land donated in 1953 by the Larsen family, who farmed the land. The family of the Larsens have indicated they would like the property to remain public. Since the school closed in the Fall of 2023, neighbors say we are not receiving the priority #2 snow plowing around the school, making it more difficult to get out of the neighborhood onto priority #1 streets.
In April 2024, JeffCo Schools held a community meeting at the local library. They were overwhelmed by the number of people from our community who were interested, so many that monitors were set up outside of the room for overflow. Representatives from the school district told the community that the City of Lakewood had turned down the opportunity to purchase the land and building. This municipal process was posted on the JeffCo Schools Disposition web site for how the process was supposed to go. The first step of the process is to meet with city officials, yet no record of this meeting exists.
At the library meeting, the community gave clear feedback that a park was the best use of this land and indicated that the school district should go back to the city and ask again. Instead, Jeffco Schools went ahead with their next steps in the process to sell the land, which could result in up to 70 homes being built on the property. Community members came forward in force with requests of the city to purchase this land for a park and possibly using the building for a recreation or learning center of some kind.
On September 13th at 12:00 noon, the City Council of Lakewood and the Jeffco School Board and Superintendent held a meeting. The only topic discussed was the school disposition process and more specifically, Emory and Vivian Elementary Schools. While the Jeffco School Disposition process has a community notification system in place for anyone interested in one or all of the schools, a notification did not go out about this meeting. The meeting was mostly about how the process didn’t work and Jeffco Schools admittedly said that the municipal process needed to be more “formal”, and that the city would be given more time in the future to respond on whether or not a property was desired for purchase. The additional time would allow the city to discuss plans with the community before giving a formal response on a property.
So, there are now direct negotiations for the city to purchase 3 acres from Jeffco Schools and Jeffco has asked developers to include that in their final plans.
A community group met with one of the developers at their request to look at their plan and give feedback. The development plan was for the ballfields, basketball court, playground, picnic areas, parking lot, and school building to be demolished. The plan showed 37 houses leaving 3 acres of park space. Unfortunately, this is the 3 acres on the easement under which a very large Denver Water pipe lies. Likely, homes could not be built on most of this space anyway. We lose our amenities, we gain an easement.
We would like to have a discussion with the city before all the amenities are gone.
10850 20th Street/Quail Street Park:
City Council approved the purchase of this land from Denver Water in the Autumn of 2023. The city website says they have purchased it and will ask for community involvement after the purchase is complete. The portion on which Quail Street Park with a playground sits is a lease held by the city through 2028.
The Assessor’s office shows the owner is still Denver Water. I asked the city for clarification and was told negotiations are ongoing. City Council members have described this land as “passive park space”, which denotes no ball field or space for organized sports.
Removal of 20th and Oak Pedestrian Light:
In addition to these properties, a pedestrian traffic light at 20th and Oak was being reviewed for decommissioning. Kids used it to get to Vivian Elementary School. Neighbors responded to the request for input, saying this light connects the neighborhood blocks, slows traffic on 20th, and was good for the community. The light was removed.
A neighborhood at risk of isolation:
A micro look at each of these decisions and the manner in which they were executed, taken individually, is certainly not palatable. And when looked at from a macro level, they indicate government entities not working together and in doing so, isolating a community from amenities which have been at the center of this community’s mental and physical health.
The City of Lakewood’s own research identified Ward 1 as the ward with the least amount of city park and green space per population. How is more infill acceptable?
We’ve lost a school, the center of community connection. We’ve lost a pedestrian light that assured the safety of community members walking our part of the city. We are losing a second community building through what seems to be intentional neglect with intention to demolish. Now we’re at risk for losing ball fields, picnic areas, and a playground with no assurances to replace these amenities.
With all the focus on mental and physical health, why remove those amenities that keep us mentally and physically strong, placing those budgets and efforts instead on fixing those things later at a higher cost?
As Mayor, you and the City Council are asking us (in the November ballot measure) to allow you to permanently keep and spend all the extra tax dollars you over collected, not just this year, but next year and every year after that, as well as asking blanket permission to raise taxes anytime without a vote of the people. We know these extra tax dollars were not an accident, but deliberately over collected – in anticipation of your ballot measure.
How are our tax dollars being spent? As a taxpayer, I was shocked to learn we pay Lakewood City Manager, Kathy Hodgson, $368,137 in base salary per year – nearly as much as the President of the United States at $400,000 and much more than the vice president and governor. This seems really high for a town the size of Lakewood. The city Manager in Ft. Collins (slightly larger) is paid $97,232 and Colorado Springs (much larger), $104,517. Please advise and explain the total compensation package currently being paid to the city manager. Please include additional fringe benefits, any bonus amounts paid, deferred compensation, expense accounts, retirement benefits and any other benefits. As you know, all of this is public information.
Thank you in advance. This information will help us evaluate your Ballot Measure.
Sincerely,
Bob Adams
Lakewood.
Further information: As an addendum, I’ve just learned that our Lakewood city manager also has a deputy city manager who is paid $207,000.
This letter was sent to the Mayor by email. If I receive a response from her or the Council, I’ll share it here.
The owners of Lakewood affordable housing are plagued by crime that is ruining their business and driving residents away. A piece of their property was taken by Lakewood in 2022 through eminent domain to be used as a bike path. Now that bike path, along RTD tracks, is home to so much illegal activity that the people living nearby are leaving their affordable housing to go elsewhere. Property owners made another plea to City Council on August 26 asking for police enforcement. Property owners met with RTD on September 9 and city representatives accepted the invitation to attend. However, no new actions or greater enforcement was promised. Property owners were urged to keep calling but their calls will remain a low priority since Lakewood does not prioritize drug use or vagrancy.
“We have Section 8 people who do not want to live at our property and are moving out. We have higher turnover and vacancy costs. We are being put out of business by the issues going on across the street. Our business is to help and provide affordable housing.” – Property owner
The owners have made hundreds of calls to police in the last years. The police are involved in several incidents but say their hands are tied so they try and disperse the people loitering, who then return and continue their activities, leaving evidence of drug use and drug deals on the property.
City Council defends programs of selective enforcement or non-enforcement. These programs nullify the law, leaving people like these owners to watch their affordable housing become uninhabitable. Council has chosen to keep laws on the books that the city will not enforce.
The Zephyr property used to have a valuable amenity, being on a quiet, dead-end street near the lightrail. That has changed.
“…now it’s drugs and illegal activity. This isn’t watching people smoking weed. This is watching people doing hard drugs and bad things. All day every day.” – Property owner
Image from public comment presentation showing someone passed out, and people loitering.
Unfortunately, this is not the first time these property owners have had to come before City Council. They came a year ago to plea for help and came once before that. They have been ignored for years. Points West still operates out of Lakewood to provide safe drug use material with county funding. (Read more about these complaints in Lakewood Informer news)
Lakewood police told property owners that calls on infractions involving illicit drug use and vagrancy are a low priority call. On the day of the RTD meeting, RTD and Lakewood officials came to the property to find the remains of a campfire that vagrants had set the night before. Lakewood considers the space a park and allows people to stay. RTD also allows people to stay as long as needed.
Lakewood does not prioritize drug use or vagrancy. – Policy of Lakewood Police as explained to property owners
We’re the owners and managers of 1320, 1330 Zephyr Street. We’re a family-owned business that was started in 1991. Over the last 10 years we’ve produced a portfolio of apartments, mostly in West Denver and in Lakewood. We currently own more than 300 units in Lakewood, and multiple properties along the light rail station. We take pride in providing safe, clean, affordable housing, and we are committed community partners, striving to make a positive impact. In the community we operate.
More than a third of our tenants are on Section 8 housing vouchers.
Our main focus today is the challenges of the transit population along Wadsworth Station specifically, that is affecting Zephyr Street and multiple properties along the light rail station. We purchased the Zephyr apartments in 2016. We improved the property investing in the units, common area, and had a stable, quiet property, um, that families enjoyed living in.
In 2022, the City of Lakewood came and took part of the property via eminent domain to create a larger public walkway and bike path, and they took valuable parking from our residents. Since then, we’ve had ongoing issues with the transit population along the light rail that was once a valuable amenity to our tenants. Here’s our property, highlighted in green, the Wadsworth station is one block to the east of the picture, highlighted in yellow is the section that was eminent domain from our property.
Here is the southeast, southwest corner of our property, looking to the east of the light rail station is 2 blocks um past our property, um, and this shows the area that was eminent domain.
I’m gonna just talk about some of the safety concerns and issues that we have since the property was taken this larger walkway, um, sits behind a chain link fence from our property and our tenants no longer feel safe. This is a place that was a nice area. The street dead ends there. And so a nice public space and it’s now drugs and illegal activity. This isn’t watching people smoking weed. This is watching people doing hard drugs and bad things. All day every day. People don’t want their kids to use the bike path. Tenants don’t feel comfortable going and using the public transportation and light rail.
What was once an amenity is now a nuisance.
We’ve constant trespassing and public intoxication. So we have people that come onto our side and they come on people’s balconies, they break into our property in common area. We’ve had theft of our property of our tenant’s property and vehicles. With people using the bathroom out of the bathroom. People doing Schedule One drugs and doing other things that nobody wants to see all day every day at their apartment. It’s a health and safety concern. They’re creating trash constantly, so the trash gets in between this fence and is littered onto our property. So WE have to go pick up needles and, and spend time and money, to make a safe place for our tenants in our community, which is our goal as a landlord.
The unauthorized vehicle access.
We have limited parking spaces in our property and now people literally come and park illegally at our property to sell drugs at this location.
The conduct is that we have cars that are left and abandoned there. We do have the police involved and they’ve come and made some arrests and done some things, but they really, if you talk to the police, their hands are tied and they tell people to kind of move along and people are back shortly thereafter. People continue to enter our property, the criminal activity and drug use is consistent, and I mean, these are pictures of this is a guy on our property passed out. I mean, literally needs help. This is just showing from a car the quantity of people that gather here. Some of these are videos that you play, but you guys get the idea. I mean, there is a constant stream of people here and as landlords on the other side of the fence. We can’t, there’s only so much that we can do. We’ve called the police 100 times in the last year, more than I think, 45 times since April. You can’t see these police reports, but there’s all the things happening at the property, fireworks, drugs, breaking and entering, theft.
You know, as a property owner, we think we have a responsibility, and our tenants have a responsibility to the public space. Um, they need to take care of the public space. They shouldn’t endanger the life of people around the area. They shouldn’t conduct property damage or destruction, or they shouldn’t materially harm or threaten people or properties, health, safety and welfare. And this happens every single day to the tenants at our property, from the people who are right there on the other side of the fence, and,
We feel like the city has a responsibility to uphold the same standards that we would want to uphold as a landlord in our private property on your private property, and it’s just not being done today.
We want to be a good neighbor. We want to help out, but there’s a situation right now where it’s. We can’t go and arrest people on the other side of the fence like we could play, you know, Hansen bop like and we put up bigger lights. They just have a nighttime party now, like I mean, we, we’re as a landlord, spending time and money, we’ve installed lighting, cameras. We’ve hired security that comes, we constantly contact you guys. This is my first time speaking with you guys. I believe this is Elon’s 3rd time. We’ve reached out to RTD. We actually have a meeting set up with RTD.
But we have a request for action. We want to be able to use our walking and bike path and our public transportation, and it shouldn’t be a place that people can do illegal activities, camp and have vagrancy. It makes it difficult for people to ride their bikes around town, to go and use mass transit. And so how do we move people in a safe and, and respectful way.
The Action Center is a quarter of a mile from our property. Involving the action center and getting these people real help. Installation of signs that just say no loitering camping or noise violations maybe creating a quiet hours where after certain times, people can’t congregate in these areas.
We would ask the city, it’s your fence, not our fence to just install a cover or barrier like you’d have at a construction site. So people don’t have to watch people doing bad things all day every day with their families and their kids, I think an increased police and security presence and we’re in Ward 2.
I know that we’ve messaged, I know there’s things happening on your guys’ side, you know. We’re,
We want to be a team player. We’ll donate our time and effort to help. We’ll donate our money. We want to make this a place that people want to live and stay, be with their families.
We have Section 8 people who do not want to live at our property and are moving out. We have higher turnover and vacancy costs. We are being put out of business by the issues going on across the street. Our business is to help and provide affordable housing.
We need action. I know Elon’s come three times. I don’t know what has to happen. I know this is not just in this area of the city, it’s in a lot of areas of the city, but in these areas that are specifically right by where mass transit is, that people should be using to take to work should be a predominant focus of the city, of what we can do and what we can help.
In a city council it’s great to have ideas and meetings, but we need action to solve the problems and issues in front of us. So thank, thank you. I appreciate you taking the time. We have tons of pictures and all kinds of really terrible stuff. I, I don’t think the videos are playing, but at the end of the day, I think you guys get the idea, you don’t need to see the pictures and videos we have, but they are everything and it’s sad to see it happen to the community in the area and we’d like to invite you out to the meeting with RTD. If you would like to attend, please let us know. We’re meeting the Deputy Chief Stephen, I’m forgetting his name, of RTD on September 9th at 10 a.m. and so we welcome anybody to come and see the issue and what’s going on there, um. And uh and talk about solutions and problems that we can take as, uh, private and public partners to help the issue. Thank you.
The Lakewood Advisory Commission (LAC) has proposed changing its ethics rules to allow penalties for misinformation. This rule change is a result of information posted by the Lakewood Informer. As discussed in the public LAC meetings, this change would allow Commissioners to be removed from the LAC if they are found to have violated the new ethics rules.
This piece was not authored by Morgan and made no claims to be from Morgan in an official capacity. It was published under the Lakewood Informer banner, which makes no claims to speak for Lakewood or the Lakewood Advisory Commission in any way. Note: This current article, authored by Morgan, also does not speak for Lakewood, the LAC or Morgan in any official capacity.
Nevertheless, Morgan was asked to censor the Foshag article by changing the content.
The Foshag article is a well written, thorough rebuttal of the information presented by the LAC in their report to the Lakewood City Council. Foshag presents clear facts and tells the side of the story not presented by the LAC. The LAC proposal makes several one-sided claims about climate change, the benefits of electrification through elimination of gas-powered appliances, and the need for government mandates and incentives.
The LAC proposal includes no balance and no drawbacks to their recommendations.
The Foshag article states:
“Traditionally, governing bodies have found it easier to regulate individuals, as corporations and larger organizations have lobbying groups and funding, and are better equipped to fight back and litigate if necessary.”
According to Morgan, LAC Commissioner Glenn Weadock asked Morgan to remove or alter this sentence because he felt Morgan should know it was not his intention or the intention of the LAC to go after single-family homeowners just because they are vulnerable.
Morgan refused.
It is true that there was no public discussion regarding single-family homeowners being easy targets. But the point is moot since Foshag’s post did not say “Glenn Weadock thinks….” Or “Lakewood thinks…”. The statement in and of itself is not untrue.
Moreover, the LAC proposal does, in fact, recommend targeting existing single-family homes (from pg 10, Recommendation 2):
“Expand to target existing single family homes without square footage restrictions, including benchmarking (baseline energy performance) and free comprehensive home energy audits. Audits can be revenue neutral to Lakewood with IRA/BIL grants.”
The proposal outlines the specific ways it would like Lakewood to affect residences: “Innovative beneficial electrification technology (such as heat pumps) and weatherization are best practices to reduce fossil fuel emission sources from homes under such future programs.”
The proposal goes so far as to cite examples of full gas elimination (from pg 5): “San Jose, CA, like numerous other cities, is outlawing natural gas into new single family homes through their Reach Codes.”
The LAC proposal is not unbiased research; it is a carefully curated set of facts to support an agenda. The agenda, in this case, appears to be to force existing and new single-family homes to eliminate or reduce gas powered appliances, reducing fossil fuel usage and reducing the energy choices for homeowners.
The Informer sentence “Traditionally, governing bodies have found it easier to regulate individuals…” is a fact that was called misinformation because it gave someone the wrong impression.
As a comparison, the LAC gives the impression that the actions presented in their proposal will reduce greenhouse gases, that the action is needed urgently, and that residents will suffer no performance loss when they write: “action to reduce greenhouse gasses must be undertaken urgently. Working to transition Lakewood homes to electricity will move the city in the right direction.”
All of their statement is debatable.
“Misinformation is incorrect or misleading information. Misinformation can exist without specific malicious intent; disinformation is distinct in that it is deliberately deceptive and propagated. Misinformation can include inaccurate, incomplete, misleading, or false information as well as selective or half-truths.” – Wikipedia
Karen Morgan, in her official role of Commissioner, is often the sole no-vote to LAC actions, always voting no for the same reason – because the report is incomplete without presenting the other side. Without full information, policy decisions are made that are regretted in the future.
There is not a clear line between misinformation and things people don’t want to hear. As one Lakewood resident said,
“Misinformation is true facts the government doesn’t want you to hear because it will change your perception of what you know is truth”
During the City Council discussion on reducing speed limits, Lakewood Police and Transportation departments did not concur with recommendations from the LAC that reducing speed limits would decrease accidents. Mayor Pro Tem Shahrezaei said she’d like to highlight the LAC research that did not include any dissenting information. Such an act shows how the LAC proposals are used to justify the actions specific people want to see, rather than unbiased research. As such, the entire green remodel proposal, or speed limit proposal, etc., could be deemed misinformation.
The LAC is scheduled to vote on the new code of ethics in the September meeting. The code is not available for review online. Although no hearing or appeal process is actually included in the proposed rules, Commissioners can be removed on the basis of a misinformation ethics violation.
A Lakewood resident gave an impassioned speech about how crime has dramatically increased around the Lakewood Navigation Center. She spoke immediately after City Council passed their new ordinance to allow more transitional housing for homeless. This resident lives near the new Navigation Center shelter and has had her life threatened multiple times. Council members, like Council Member Low in Monday’s meeting, like to point out studies where crime has decreased around pallet homes or shelters in Los Angeles. What they don’t say is that crime first dramatically increases due to the city’s policy of enabling crime through compassionate non-enforcement and enabling of unhoused activities.
“Today is the third time in less than three months that my life has been threatened…. These people told me they would knock me off my bike, beat me to death and kill me.”
“They go back there and smoke their crack and smoke their meth.”
“When we call the police, WE become the criminals.”
See this Lakewood resident speak at video minute marker 2:05:30
Transcript:
I live [in Ward 1]. The Garrison station’s there, the James Richie park is there, the action Center’s there, and just a few blocks from that is your Recovery Center.
I can’t walk to the grocery store. I can’t ride my bike around my neighborhood from all the drugs and you all sit here with all this enthusiasm to help the homeless.
I’m not an uncompassionate person. I have compassion to help those that want to help themselves.
Drug addicts are not housing insecure.
Yes, they live on my street and they endanger me every single day. I can’t go and dump my garbage without this, okay (holds up can of mace). I can’t dump my garbage. It’s literally 20 feet from my house because I have to carry mace.
Today marks the third time, not the second, I was a little upset when I called you today, the third time in less than three months my life has been threatened. Three times! Do you guys get threatened every day in your neighborhood? Do you have to carry mace just to dump your garbage? I doubt it.
The police are familiar with this.
Every time myself and my other neighbors contact [the police] we’re the criminals.
Those of us that have worked hard all of our lives and paid for a place and pay our taxes and we’re the criminal. Oh but they’re homeless! Today the police officer when I called dispatch they said do you want to press charges and I said absolutely!
These people, five of them, said they were going to knock me off my bike, beat me to death and then kill me, which was both the same thing.
They asked if I wanted to press charges. I said yes.
No one came.
They told me to wait in the Action Center in the parking lot. I did for 15 minutes while they all dispersed and harassed me on their way out of town or wherever they were headed and then, when the cops finally got there after I called 911 the second time, three officers show up in three different $250,000 vehicles and go,
“What do you expect us to do?”
That was the response after they interrogated me, the victim. It was what do you want us to do. This is crap. You guys know it.
The police aren’t doing anything.
You guys have an ordinance sign ordinance 9.66.10. It’s got the City of Lakewood written on it and it says no trespassing in giant letters. It’s down to a ravine it also backs up to a derelict property that has drug dens on it. That’s all they do. They go back there and smoke their crack and smoke their meth. That’s what they do. I know it for a fact. I’m not just making it up to be mean to homeless people.
This is a dangerous little corridor. It’s a simple fix folks and it doesn’t take $250,000 SUVs to fix it. How about you put a couple of e-bike cops out there. They could ride between Garrison and Carr Street and 13th and 14th and be busy 24 hours a day.
Lakewood City Council amended the building code to allow transitional housing for homeless on September 9. There were no defined programs, no defined projects, no defined locations, no operational guidelines and no defined structures. City Council Members spent most of their comments defending the lack of specificity by saying this is just the first step. They pointed to the housing crisis as evidence of need. Council positions are summarized below. The vote was 10-1, with Councilor Olver being the sole no vote. Programs can start as soon as the city acquires land, which was not approved in the 2025 budget.
Councilor Rein proposed a contentious amendment that would require the city to own or control the housing programs. There was push back from Council Members Shahrezaei, Mayott-Guerrero, Stewart, Cruz, Low, Nystrom, and Sinks. The feeling seemed to be that Lakewood should buy the land with taxpayer money and allow the programs but essentially give it to private actors to use for the homeless. An interesting note is that many Council Members frequently mention their work for non-profits while advocating like they are soliciting donations, rather than legislating from a government responsibility standpoint.
There is a homelessness crisis and if we don’t do anything we are complicit…. People have a right to shelter. – Public Comment, Amber Varwig
Rein eventually removed his owned or control language. That means any non-profit can control the program. As Council Member Shahrezaei pointed out, this includes faith-based programs. Once approved, the city will have no control over the program.
“It is irresponsible to change this ordinance for plans that you are not willing to be transparent about.” – Public Comment, Wendy Shrader
There is no defined project, policy or process for a city approved project so staff was unable to answer many of the City Council questions, which was awkward because City Council obviously had specific things in mind and they struggled to figure out how to get their base assumptions resolved.
“How far from the usual do you want to go in amending this building code” …Transitional housing is not within in the purview of the building code to begin with. – City staff response upon being questioned on whether it is even possible to put “own or control” definitions into the building code.
Without a defined “City of Lakewood Transitional Housing Program” , and without a defined approval process, this discussion could morph into anything in future.
Council Member Comments and Positions
Stewart: Asked questions so that staff can reiterate that these units are safe. Clarifies that City Council asked for this ordinance before other pieces come forward. She says that when they tried to do safe parking they had a vendor lined up and then had to wait because the city hadn’t changed the ordinance first. She clarifies with staff that the word control and approved is not defined in the ordinance as passed, which she agrees to.
Mayott-Guerrero: Says we’ve been working on getting this housing ability for two years. Now that there is a code they can work on a specific project. She says there are already homeless here and so taking care of them prevents problems later on. This is a local solution to a national problem. Rejects using the building code to try and control a program and does not try to define what a program means in the ordinance.
LaBure: Questions if garage door mechanisms are included in the amendment. Sees the need to address the affordable housing crisis but half the city is zoned R1 so we need to change the building code.
Low: The city needs to provide housing so that people can get the help they need. Says LA and Denver crime went down around pallet homes. Reiterates that the proposal is a result of council request, not a specific project and asks how the specific project would be approved. Answer is that the approval process has not been set but there have been conversations about what is needed. There may need to be a permit review involving public hearing.
Sinks: Clarifies that these new units will not be going into parks or open space.
Cruz: Asks whether a non-profit could partner in these projects. The answer is that it is only city approved, does not need to be city controlled. She says there is a human cost in not taking action.
Rein: Next step is for staff to provide a framework to answer all these questions, such as does it need a special use permit, which is an option but not certain. Rein motions to add language “owns (in whole or in part), or controls, or both” to the projects. so that the city always has “skin in the game”. He later removes this language.
Shahrezaei: As to the amendment, she approves the subcontractor relationship, (rather than the having the city own or control). City staff answers that this is a policy decision and that control could come from the permitting process.
Nystrom: Strongly states that City Council has nothing specific planned, they are just getting ready. Lakewood has a homelessness problem. People who are living on the streets need our help. Naysayers should consider being more compassionate.
Strom: Thank you to everyone working on this for the last couple years. This aligns with our priorities.
Scorecard: Amend Building Code for Transitional Housing
A Resolution drafted by the Lakewood Planning Commission sought to address inadequacies in the process for Major Site Plans. The request for a Resolution came from Rebekah Stewart on City Council and was in direct response to the 6-story apartment complex planned directly adjacent to Belmar Park, its lakes, and established natural habitats. The Resolution notably promoted a paragraph recommending there be “an evaluation of the potential effects of a park adjacent development on habitats with the park, including any demonstrable effects on park flora and fauna”. In the Sep 4 discussion of the Resolution, Commissioner Kolkmeier mentioned that this was not a new concept and that Ft. Collins has an ordinance exactly on this topic, so that there were models available to draw from. However, Commissioner Buckley stated that he did not know what Ft. Collins experienced from this ordinance, and therefore recommended striking the paragraph from the Resolution. After a half-hearted round robin where other commissioners stated “perhaps we could recommend that City Council review the Ft. Collins ordinance” and “it’s unfortunate not to address the ecology at all”, the commission voted 4 to 1 to remove the paragraph and not consider protecting the environment in a review of Major Site Plans, even when they might be located adjacent to a park.
There is well documented peer-reviewed research of the adverse impacts of adjacent development on wildlife from increased noise, light pollution, pets – especially cats, bird strikes on window glass, and general human-caused disturbance. An industry as vilified as Oil and Gas is required to perform environmental assessments before beginning projects. However , the Lakewood Planning Commission has decided that in our human-centric world, protecting the environment should not be a factor that developers need to bother with. From developers to Lakewood: “Thanks!”.
History. Belmar Park was voted into existence in 1973, after a long-contested struggle of what the original Bonfils Stanton estate should become: a development that would provide a tax base for the newly incorporated City of Lakewood or a large, centrally located park. The outcome, Belmar Park, is described on the city website as one of the “true jewels of the city park system, a peaceful enclave in the center of town” that comprises 132 acres of natural area. It is valued for its wildlife (avidly photographed) and also for the serenity and tranquility it provides to park visitors.
Threats to the Park. In the 50 years since the inception of Belmar Park, the city of Lakewood has inevitably seen much growth. One recent proposed development at 777 S. Yarrow St., which currently contains the two-story Irongate office building, threatens the integrity of the park by adding 412 luxury apartment units in a six-story complex on 5 acres immediately adjacent to the eastern boundary of the park. Sixty-five mature trees would be removed. The project is legally zoned for this density after a zoning change in 2012. Done as a city-wide “legislative rezoning”, the change did not require neighborhood notification that most rezoning involves. The 2015 Comprehensive Plan further exacerbated the problem by designating Belmar Park and the adjacent land as a “growth area”, which allows for dense multi-storied structures. Also, with the designation of a Major Site Plan, the project to date has been reviewed only by city staff, with no input from City Council or the public. Residents of Belmar Commons townhomes, located within 300 ft of the project, were notified in 2023, 2 years after the project plans had been submitted to Lakewood.
Impacts to the Park. How would Belmar Park be affected by such development on its periphery? Over 240 species of birds have been catalogued at Belmar Park, according to Cornell Lab of Ornithology’s eBird.org, including resident, breeding, and migratory birds. There is written authority on the detrimental effects of noise and night lighting on bird mating, nesting, and reproductive success. There is wide documentation of the threats to birds from collision with buildings and glass, a danger that the nearby multi-story building would present as birds fly eastward across the lake with afternoon sun reflected on the windows. The mature trees on the project site provide nesting and foraging sites for songbirds and raptors. As far as more people experiencing nature, there have been articles about our public spaces being loved to death. As a frequent visitor to Belmar Park, I have watched people fishing near the No Fishing signs, and social media has reported turtles being taken from the lake. With the addition of 412 apartment units encroaching on the park, degradation is inevitable.
Public outcry and City of Lakewood Position. When the public became aware of the project in August 2023, people filled City Council chambers to protest in each meeting from September into January 2024. Most City Council members and Mayors Adam Paul and Wendi Strom contended there was nothing that could be done to change the proposal due to the “right to build”. This raises the question, why does development supersede the wishes of the community and Lakewood’s own ordinances and plans, such as The Existing Tree Preservation ordinance, which requires protection of mature trees and design plans that minimize disturbance to such trees; the Lakewood Sustainability Plan, with a goal to achieve a 30 percent tree canopy by 2025; and The Lakewood Comprehensive Plan, which reads that new developments should be compatible and seamlessly integrate with existing neighborhoods (in this case the park and 1and 2-story townhouses.)
Additionally, according to the Lakewood Municipal Code, the calculation of land dedication requirements for park and open space, the developer owed the City 3.3 acres of parkland, which would have created a buffer with the park. However, the City opted to accept an “in lieu of” cash offer from the developer with no land donation, and intends to use the funds for a parking lot south of the library, effectively removing more trees and green space.
Where we are now. It is clear that the deteriorating Irongate office building should be demolished. The City declined to bid on the property when it became available in 2019, as reported by Westword. Development that is more appropriate in scale for the site, that adheres to the Lakewood ordinances, would be considered acceptable to much of the community. Any recent negotiations between the City Planning Staff and the developer are unknown at this time. However, for the first time in 12 years, the Planning Director has recommended a Major Site Plan to the Planning Commission for review. Years ago City Council ceded their authority to review such projects because of the time involved, and since then, Major Site Plans have been reviewed by staff with no public interaction with the developer. The review date is to be determined, but the meeting will be an opportunity for those concerned to once again voice their opinions. A decision by the Planning Commission that favors the developer over the needs of the park and the community will be challenged in court.
The Planning Commission presented evidence of health and environmental harm from fueling stations and car washes. No evidence from the other side was presented. With only one side represented, it is no surprise that the Planning Commission unanimously recommended to restrict gas stations in Lakewood, while at the same time increasing electric charging stations. Council comments generally reinforced that view and city staff will be drafting new ordinances to implement these recommendations.
The Planning Commission discussed the issue at three public meetings. In the presentation, this sounds like all sides were heard. However, inviting comment or being open to comment is not the same as researching or actually hearing the other side.
No industry representatives made comment or presentation and no information was brought forth to represent their side. Only one person made comment on LakewoodSpeaks to support the market economy. This led to a one-sided, forgone set of recommendations from the Planning Commission.
An example from the presentation of what the Planning Commission found to be a compelling argument:
“Within 10 years 80% of all fueling stations will be unprofitable (due to the switch to EV cars), leaving stranded assets that will need environmental remediation” – cited by Planning Commissioner Kip Kolkmeier
Does Lakewood have a profit standard for businesses to open? No.
Does Lakewood bear any responsibility for environmental costs if remediation is needed? No.
Is EV car use on track to eliminate gas cars? No, not without government force.
None of that was mentioned.
Planning Commission recommends eliminating gas stations in all mixed use zoning, which they claim are designed for pedestrian, cycling and mass transit use. This statement does not align with ordinance but is a move the city seems to encourage, whether explicitly stated or not. Most public policy discussions that encourage walkability do not explicitly say cars will be eliminated (*Originally worded to be sound harsher)
Purpose of Mixed-Use Zone: “Provide a well-designed site circulation system with a strongly defined pedestrian and vehicular network, good connections to adjacent land uses and efficient connections to transit stops.” Per Lakewood Zoning Ordinance, Article 7.
Planning Commission also recommends increasing electric charging stations, for which there is no business case for proven profitability or need. This argument also proves the misleading nature of “mixed use zoning is for pedestrian, cycles and mass transit.”
Lakewood may consider requiring charging stations as a prerequisite to approving future gas stations. This move will introduce additional market distortions with affects that were not studied at all. Gas stations already have the option to add any charging stations they feel have market demand.
Lakewood staff will be drafting new ordinances to implement these recommendations, while conducting further research.
Lakewood Following Denver
Once again, Lakewood is following in Denver’s footsteps. See some of the other side of the argument from Joshua Sharf, Complete Colorado:
“Never mind your guns, some Denver City Councilmembers are coming for your gas stations.
The Denver Post reports that, concerned by an alleged “sudden proliferation of gas stations,” Councilmembers Amanda Sawyer and Paul Kashmann, among others, have decided that gas stations – apparently uniquely among Denver’s many retail businesses – are taking too much space away from other priorities such as housing. In response to this deadly threat to housing density, they are close to proposing a zoning change precluding new gas stations from being built inside a quarter-mile buffer zone around existing stations.”
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:
This is not a subdivision of land but rather a merger of two parcels of land at the location of 1515 Whippoorwill. In which, Jefferson County has jurisdiction to perform that function, not the City of Lakewood
The proposed development is estimating 300+ car trips per day with the entrance on the blind curve on Youngfield St at W. 15th Place. The intersection at W. 15th Place and Youngfield Dr has no traffic controls and is already hazardous based on the sightlines of blind curve on Youngfield St, in which there was a near dead-on collision in Lakewood news a few weeks ago at this intersection, and the steep slope of W 15th Place, particularly in snow and ice. Adding 300+ trips per day through this intersection is unsafe and will impact traffic flow on Youngfield St.
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:
Part 2: Applicable Criteria—Article 3: Subdivision Design Standards
16-3-1 General Standards
16-3-2 Residential Subdivision Standards
16-3-5 Common space, tracts, or buildings
16-3-6 Easements
16-3-7 Utilities
16-3-8 Street and transportation patterns and connectivity standards
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.
Intersection of W. 15th Place and Youngfield St at the blind curve. Car missed the turn and hit the power pole Head on collision between a car and motorcycle at the blind curve
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.
