Tag: news

Guest Post from Bill Foshag

Editor’s Note: Lakewood has a survey about changing the speed limit. However, the introductory information is incomplete and misleading. The concept of lowering the speed limit has supporting research from the Lakewood Advisory Commission, as they say, but also information showing it will be ineffective from police and traffic control. The survey does not link to that opposing research. Lakewood Informer is grateful for this resident article to bring you the news that Lakewood is not highlighting.

Lakewood City Council is considering proposals from the Lakewood Advisory Committee to increase safety and reduce traffic speeds throughout the city.  The plans include reducing speed limits on residential streets from 30 mph to 25 or 20 mph, and the use of red-light and speed monitoring cameras. While well intentioned, the approach taken and comments made by Council members at a recent meeting seem to question if the recommended solutions will actually be effective.

The actions being considered originate from a request by Council Member (now Mayor) Wendi Strom in August, 2022.  The request cites areas of concern in Ward 5, particularly the vicinity of Kendrick’s Lake Elementary school, and the Jewell/Kipling area. The request notes that she has received complaints from Ward 5 residents about speeding traffic in these areas.  The Lakewood Advisory Committee (LAC) prepared a report addressing the request, presenting their findings to Council in June, 2023.  In their report, the LAC recommends re-striping and repaving to narrow lanes and reduce speeds, use of funding to increase the use of multi-use off-street paths, reducing speed limits city-wide, and installing cameras.

Lakewood’s Public Works department also looked into the matter, and has formulated some solutions of their own, although they have yet to publish a final report.  This was taken up again on April 1, 2024 at a City Council Virtual Study Meeting.  Although the original request was intended for specific areas within Ward 5, Council is considering implementing the findings on a city-wide basis.  Mike Whittaker, a traffic engineer with the Public Works Division, presented comments from the department’s staff discussions and recommendations based on the LAC report.

Lower speed limits do not result in slower driving

There are a couple items that stood out from the Public Works presentation.   First, they note that in cities where speeds have been reduced from 30 to 25 mph, or even 30 to 20 mph on residential streets, the average speed drivers actually drive is reduced by only 1 or 2 mph. Drivers choose to exceed the new lower speed limit and continue to drive at or near the speeds they are used to driving.  This was noted in a study from Minnesota when some of their residential speed limits were reduced.  The City of Boulder saw similar results, but on some streets, driving speeds actually increased.  Another concern by Public Works is that lower speed limits might actually irritate some drivers who will respond by driving more aggressively.  A third point of concern deals with the use of red-light cameras.   When drivers know that a red-light camera might catch them running the light at an intersection, they are likely to err on the side of caution and brake suddenly to avoid a ticket, catching the driver behind off-guard, resulting in a rear-end collision. This subject actually came up a couple times during the meeting and is always an issue wherever red-light cameras are installed.  

What are the costs?

Notably absent from the discussion was the mention of any firm costs associated with implementing these plans. For changing speed limits city-wide, new speed limit signs need to be painted and installed to replace all existing signs on residential streets, at some unspecified cost to taxpayers.  Red-light and speed control cameras require additional studies of where to install and where to aim the cameras to be effective. The city would be dealing with a contractor who operates the cameras, and that involves a monthly rental cost ($8,500 per month for one unit was cited in the meeting), plus additional costs for installing the cameras, city personnel to monitor them, and costs to administer and collect fines. 

A city-wide solution is not the answer

One puzzling thing that comes to mind after listening to the Study Meeting is this.  The streets cited as being in most need of control (Alameda, Wadsworth, Colfax, Mississippi, and Jewell were mentioned several times) are not residential streets.  The Public Works presentation, and the LAC recommendations, do not have any discussion on how reducing speed limits on residential streets will impact the areas of greatest concern.  If I have to drive 20 mph on South Quail Street (a residential street), is that likely to reduce accidents at Alameda and Wadsworth?   The obvious answer is no.  Many residential streets in Lakewood, and particularly the older streets that are a bit wider, are safe to drive at 30 mph.  Instead of replacing all of Lakewood’s “Speed Limit 30” signs and mandating a lower 20 or 25 mph limit, the practical solution is to reduce speed limits in the areas that are most troublesome and increase enforcement efforts in those areas.  If that means allowing police officers the opportunity to earn a little overtime pay, those costs would certainly be less than what it would cost to replacing all the residential speed limit signage.  One of the Council members remarked the drivers who are most dangerous are the ones egregiously speeding – the ones going 40 and 50 mph on residential streets.  Those violators are particularly dangerous and need to be targeted, not the ones going one or two miles an hour over the limit.

Unintended consequences

Another puzzling item that was not fully discussed in the Study Meeting deals with how drivers react to reduced speed limits. If drivers only reduce their speeds by 1 or 2 miles per hour when speed limits are lowered, is there really any benefit to reducing speed limits at all, or are you out to make the residents “criminals”?  Do you really notice a difference if you are driving 29 or 30 mph?  Probably not.  Theoretically, the City could mandate residential street speed limits so low as to reduce the possibility of an accident to near zero, but it really doesn’t make a difference if people are still going to drive 29 mph in what was once a 30 mph zone.  By their own admission, the City has told us that people are generally drive the speed they feel is comfortable and safe (within reason) whether the speed limit is 30, or 25, or 20 mph.   There is no reason to spend tax payer funds replacing speed limit signage and inconveniencing residents with lower speed limits throughout the city if there is no discernable benefit, particularly if there are problems only in a few specific areas.  The best decision here is to keep the residential speed limits at 30 mph and not criminalize our residents by lowering limits to 25 or 20 mph. 

Dangerous by design

A possible exception to this are the streets in the Belmar development that are narrow to begin with, have cars parked along both sides, and a number of pedestrians crossing the streets.  The sight-lines are such that it is difficult to see what’s around upcoming corners.  Streets in this area, to the fault of the developer and the traffic engineers who approved their plans, are poorly thought out and a hazard to automobiles and pedestrians.

One particular method of speed control that should not be used is that of narrowing traffic lanes by use of medians and/or bicycle lanes.  An example of this is along 20th Ave. between Youngfield and Simms, where the bicycle lanes merge into the traffic lanes and the median is widened allowing only one vehicle (either a bicycle or automobile) through at a time. This is particularly dangerous for bicycle riders if a car cannot slow down fast enough to avoid a collision.  Essentially, bicyclists should not be used for speed control on our streets.  One of the Council members mentioned they felt the bicycle lanes along Garrison between Alameda and 6th are dangerous. Part of the problem along certain stretches of Garrison may be that the street cannot easily be widened. On heavily travelled streets like Garrison, for the safety of both drivers and bicyclists, there may have to be some future consideration of limiting these areas to motor vehicles.

The proposed use of cameras

The issues of red-light cameras and speed control cameras are different than the discussion of speed limit reduction.  The regulations pertaining to traffic control cameras falls under the State of Colorado.  Under the constitution of the United States, the person who is guilty of an offence is the one who is charged and the one who has to bear the penalties imposed under the law.  With traffic control cameras, the person to whom the vehicle is registered pays the price regardless of who committed the infraction.  If your Uncle Bob borrows your pickup truck and runs a red light, you get the ticket, not Uncle Bob.  You can possibly get out of paying the Uncle Bob’s fine, but that involves additional time and effort on your part.  Colorado’s ordinances can probably be challenged successfully on constitutional grounds, but until then, it’s the law in the State.  Stepped up enforcement of our traffic ordinances in the troublesome areas ensures the actual offender is the one receiving the penalty for their offence.

Increased and selective enforcement – the better solution

Stepping up enforcement of traffic laws regarding speeding and red-light running also offers a more effective deterrent to violations. If you get a citation in the mail for running a red light or speeding, there’s not much that offers a deterrent to repeating the offence. You simply go online and pay the fine (a lower fine than if you are issued a ticket by an officer), no points off your license, and no reporting to your insurance company.  Receiving a ticket from an officer is much more of a deterrent to speeding or red light running.  It takes up more of your time as the officer runs a background check on you and your vehicle, discusses your infraction, writes up the ticket, and sends you on your way.  A written ticket will have a higher fine, and will result in points off your license and a report to your insurance company.  There is an additional sense of humiliation if you have your children, spouse, or friends in the vehicle with you at the time.

Stepping up enforcement in specific locations and at specific times is very effective in reducing violations while acting as a deterrent to future problems.  When people regularly traveling a certain route become aware of increased police presence they will slow down and their driving habits will improve. More often than not, increased enforcement in an area is only needed for a couple of weeks – just long enough for drivers to take note and be more aware.  If an area was previously patrolled and has become troublesome again, just step up enforcement in that area for a couple more weeks.  The costs of increased enforcement efforts should not be a great concern.  If the City believes it has the funding to change all the residential speed limit signage and install, monitor, and administer red-light and speed limit cameras, those funds can easily be spent for some overtime pay for our police officers or hiring a few more full-time officers.

The mid-year report on Lakewood’s homeless shelter showed some progress  and some new problems. The April 15, 2024, Council Study Session highlighted the 50-person capacity of the new “emergency” cold weather shelter at the location of the new Navigation Center on West Colfax. This was a planned shelter, used on an emergency basis because the building is not ready or approved to act as a shelter. As a new venture, the shelter encountered problems that Lakewood is learning from, such as determining the capacity of the building in-transition. Other problems that will be more difficult to solve are becoming apparent. For example:

  1. Lakewood may in fact be turning into a magnet for homeless due to its shelter
  2. Other cities are not stepping up to help as Lakewood anticipated
  3. Scope creep is already occurring including funds being spent for transportation to facilities and requests for food services.

The success of the shelter was evidenced by the number of people using the program. The Navigation Center can currently support 50 people, and it exceeded that limit several nights. Guests who exceeded capacity were offered vouchers for hotels, paid for by Jefferson County. This has led to some policy changes so that people are not incentivized to wait for a hotel opportunity. Lakewood has started providing transportation services to and from these hotels for the people who want to use a hotel voucher in another city but want to remain in Lakewood. Transportation includes coordinating volunteer efforts and paying Bayaud Enterprises.

City Council Members pointed out that problems would be decreased if other cities made the same switch Lakewood has, with the government taking on the work of what was previously non-profit domain.

It was never envisioned that Lakewood would be the sole provider of navigation services. So we really need to see that so that Lakewood doesn’t become a magnet for those in need.” Deputy City Manager Ben Goldstein (24 min mark)

Despite not having the current emergency operation under control, City Council is already pushing for more services.

Councilors Mayott-Guerro and Cruz asked for city resources to set up a food network. Staff respond that having food service is difficult without some consistency.

Councilor Shahrezaei advocated for being open more nights. Staff say changing the opening requirements makes it hard for staff to anticipate what is needed and may lead to being open for most of the winter.

According to Deputy City Manager Ben Goldstein, it will be a couple of years until the Navigation Center is fully operational as a shelter. The city is still in the acquisition phase for the shelter property.

We all want to figure out how to not let people die from weather, right? And that’s such a cool shared value because it’s actually just not that radical, but it was five years ago.” Council Member Mayott-Guerrero on Lakewood’s switch in city philosophy (30 min mark)

The idea of shelters is not radical for an individual or a charitable institution, but it is more so for a government. The Lakewood Informer reported in August, 2023, that local governments hoped someone else would step up to serve, without themselves committing to take responsibility. Previous letters of support to Lakewood made no promises of financial support.

At this time, Arvada does not have a plan for a navigation center, such as the one in Lakewood.  Like other cities in the metropolitan area, we are evaluating a number of ideas that might help address the unhoused population.  Arvada intends to observe what happens at the Lakewood navigation center with their implementation.” Arvada email dated December 7, 2023

Council is concerned about reaching the limit of shelter capacity next year. Goldstein says Lakewood cannot open another shelter without becoming an even greater attractant (58 min mark). Many of the area’s unhoused are now counting on the Navigation Center for shelter, as opposed to the local non-profits that fill up. This will especially be a problem when the center is closed for renovations next winter. Retrofits are now expected to go into 2026, rather than being completed in 2025 as expected.

Council Member Low praised the program for saving lives during the cold winter nights. When asked how much the number of deaths decreased, staff responded that they never tracked deaths, and if they did, it would be impossible to tell whether the death was from cold or not.

Life-saving or not, 50 people were provided shelter over about 20 nights. According to the staff memo, this could be a total of over 887 individuals, or the same 50 people multiple times. Another measure of success was the 52 Facebook posts the city made, which received over 150,000 impressions on social media.


Denver and Colorado are being sued for rules on climate goals and greenhouse gas emission standards that the City of Lakewood is considering adopting. Denver and Colorado both approved a building performance standard that would force builders, landlords and homeowners to meet emission goals through green remodeling and electric appliance retrofits. Lakewood also has building performance standards through its Article 13. Lakewood takes four times as many climate mitigation and adoption steps as other cities, leading to Lakewood being named a leader in climate action. Lakewood is one of only 119 cities around globe to take steps like building standards. Rule 28 in Denver and Colorado goes even further by requiring “benchmarking” performance since 2021. Based on building performance, it is now time for required cuts, leading to a lawsuit by the Colorado Apartment Association, the Colorado Hotel and Lodging Association and others. The cuts will require costly remodeling. In August of 2023, Lakewood staff recommended the city join Denver and Colorado in the benchmarking program, described below, that only about 30 cities throughout the nation have adopted. However, these policies are not market-tested and they are extreme enough that Denver and Colorado are being sued. If Lakewood leadership adopts the additional staff recommendations, or agrees to recommendations from the LAC on Green Remodeling, the city may find also find itself in the news and in legal jeopardy.

Is Being a Leader a Good Thing?

In a “you say potato…” moment, the lawsuit in Denver shows that one person’s leader is another person’s extremist. Not everyone agrees that going where these climate policies lead is worth it. While the debate rages over climate science, policy makers rarely point out that there are two sides to the story, in order to promote their narrative. Climate policies have real-world economic consequences that could make housing even more expensive.

Lakewood already has an Enhanced Development Menu that requires new development to meets a point scheme, based on the Menu options, that achieves climate goals of rolling back emissions in compliance with state goals. Development is thereby prohibited unless it meets climate goals. The policies Lakewood is currently advocating align with Colorado’s Rule 28 that monitors energy usage for buildings not already covered by the state. This process is called benchmarking, which Lakewood staff describe as “the regular monitoring and reporting of an individual building’s energy consumption to track changes over time and monitor progress towards increased efficiency and decreased GHG emissions.”

While the process may sound routine and innocuous, this program must be put in place before the government can have access to private energy-use data.

Once in place, the data can be used to set the bar and start imposing usage limits, incentives, conversions, etc. Lakewood is specifically talking about the switch from gas-powered to electrical tools and appliances.

Excel energy use from customer bills. This monitoring could be shared with the city for benchmarking.

The Colorado and Denver rules currently only apply to commercial and multi-family units but the policy puts them to the left of cities like Boulder, as seen in the map below. In fact, Denver is second in the nation only to San Francisco. Being on the forefront of the climate change debate gets Denver in the news but it also attracts lawsuits. And Lakewood is recommending these same actions.

Lakewood is taking things a step further and seeking similar solutions for residential homes, the details of which can be found at the city website, with more from the Lakewood Informer news site.

Back in August, Lakewood staff were enthusiastic about Lakewood becoming another purple dot on the map below, which would show their leader/extremist tendencies, depending on your viewpoint. Will that change once the lawsuits start?

From Institute for Market Transformation

Guest Post from Save Open Space Lakewood

Lakewood residents petition to save their parks and open space which the City likes to give away to developers. On April 27th they were at Lakewood’s Belmar Park with petitions.


Background

Local environment advocates will circulate a petition at Lakewood’s Earth Day, on Saturday, April 27, that would force the City from its arrogant behind-the-scenes approval of out-of-control developments to provide significant environmental stewardship for Lakewood.

Once certified with 6,000 required signatures, the petition becomes an initiative which Lakewood is required to vote for. If it doesn’t, it will be placed on a citywide ballot. Over one thousand signatures have already been collected in less than a month.

When: Saturday, April 27
Time: 11 AM -7 PM
Where: Heritage Lakewood Belmar Park, 801 S. Yarrow St., Lakewood 80226

“It’s become clear that nothing short of this petition is going to change complacent City staff, the City Council and the Planning Commission to be responsive to citizen concerns and also supportive of preserving our parks and open space,” said Cathy Kentner, who co-created the petition with fellow longtime community activist Rhonda Peters. Both founded Save Open Space Lakewood which is organizing this all-volunteer petition effort.

The petition, titled the Lakewood Green Initiative, was inspired after the public learned Lakewood staff had worked for several years to preliminarily approve and advance the plans of Kairoi Residential, a Texas developer, for a 412-unit, 83 unit per floor, 6 story luxury apartment building with a footprint the size of two football fields which would share the eastern boundary of Belmar Park.

Belmar Park is a 132 acre beloved park in the middle of Lakewood’s growing concrete jungle. It is a peaceful haven for over 230 bird species (many protected by the Migratory Bird Treaty Act), abundant wildlife and innumerable human visitors.

In preliminarily approving the Kairoi plan, the City ignored its own ordinances on protecting parkland and wildlife, improving tree canopy, fighting climate change and providing affordable housing. Instead it supported the gigantic 800,000 square foot design with no buffer with the park, the elimination of 69 mature trees, and lack of serious analysis of the development’s effects on the environment and on the safety of nearby residents who can only exit on a narrow street.

The public was notified very late as if it was an afterthought. Now the City claims many elements of the project are a done deal and they lack the power to correct this.

Since this deal was initially revealed, the City has placed numerous obstacles in the way of citizen attempts to have input on the development’s
outcome. Likewise, Lakewood staff has been actively attempting to thwart approval of the petition. The latest effort was an unprecedented five-day delay. Interestingly, a few hours after a local TV reporter submitted questions to the City, the petition was promptly approved and released to Kentner.

The Initiative Summary as Set by Lakewood City Clerk

Shall the City of Lakewood Municipal Code Chapter 14.16. PARK AND OPEN SPACE DEDICATION be repealed and replaced to eliminate the option for developers to pay a fee in lieu of parkland dedication and to require the City to accept open space and land dedications for current and future developments.

Longer version: See soslakewood.org

Several years ago Kentner, who ran as an independent candidate for Mayor and has served on the Lakewood Planning Commission, successfully authored and helped pass a petition to limit population growth in Lakewood; it was subsequently approved in a citywide election.

By not following its own standards, Lakewood has effectively sold what should have been more than a dozen acres of parkland in the last decade. According to information provided by the city, Lakewood has not required land from developers since the Solterra development in 2007 and 2013.

Kentner said there appears to be a gentleman’s agreement between Lakewood and all of its developments so they are allowed to pay the City instead of providing open space.

Although citizens have long felt powerless as Lakewood approved large apartment buildings in charming neighborhoods and at the perimeter of parks, the Kairoi monolith at Belmar Park inspired several groups to work to either limit the size of the building or eliminate it entirely.

SaveBelmarPark.com is a comprehensive website that includes a petition to declare eminent domain on the land between the building and the park in order to create a buffer zone.

Save Belmar Park, Inc. has been organizing, educating and fundraising to pursue legal channels to protect the park.

Save Open Space Lakewood (SOS Lakewood) created a petition to bring these groups together to work toward a common goal of protecting Lakewood’s natural environment.

Guest Post from Save Open Space Lakewood

Lakewood residents petition to save their parks and open space which the City likes to give away to developers. On April 27th they were at Lakewood’s Belmar Park with petitions.


Background

Local environment advocates will circulate a petition at Lakewood’s Earth Day, on Saturday, April 27, that would force the City from its arrogant behind-the-scenes approval of out-of-control developments to provide significant environmental stewardship for Lakewood.

Once certified with 6,000 required signatures, the petition becomes an initiative which Lakewood is required to vote for. If it doesn’t, it will be placed on a citywide ballot. Over one thousand signatures have already been collected in less than a month.

When: Saturday, April 27
Time: 11 AM -7 PM
Where: Heritage Lakewood Belmar Park, 801 S. Yarrow St., Lakewood 80226

“It’s become clear that nothing short of this petition is going to change complacent City staff, the City Council and the Planning Commission to be responsive to citizen concerns and also supportive of preserving our parks and open space,” said Cathy Kentner, who co-created the petition with fellow longtime community activist Rhonda Peters. Both founded Save Open Space Lakewood which is organizing this all-volunteer petition effort.

The petition, titled the Lakewood Green Initiative, was inspired after the public learned Lakewood staff had worked for several years to preliminarily approve and advance the plans of Kairoi Residential, a Texas developer, for a 412-unit, 83 unit per floor, 6 story luxury apartment building with a footprint the size of two football fields which would share the eastern boundary of Belmar Park.

Belmar Park is a 132 acre beloved park in the middle of Lakewood’s growing concrete jungle. It is a peaceful haven for over 230 bird species (many protected by the Migratory Bird Treaty Act), abundant wildlife and innumerable human visitors.

In preliminarily approving the Kairoi plan, the City ignored its own ordinances on protecting parkland and wildlife, improving tree canopy, fighting climate change and providing affordable housing. Instead it supported the gigantic 800,000 square foot design with no buffer with the park, the elimination of 69 mature trees, and lack of serious analysis of the development’s effects on the environment and on the safety of nearby residents who can only exit on a narrow street.

The public was notified very late as if it was an afterthought. Now the City claims many elements of the project are a done deal and they lack the power to correct this.

Since this deal was initially revealed, the City has placed numerous obstacles in the way of citizen attempts to have input on the development’s
outcome. Likewise, Lakewood staff has been actively attempting to thwart approval of the petition. The latest effort was an unprecedented five-day delay. Interestingly, a few hours after a local TV reporter submitted questions to the City, the petition was promptly approved and released to Kentner.

The Initiative Summary as Set by Lakewood City Clerk

Shall the City of Lakewood Municipal Code Chapter 14.16. PARK AND OPEN SPACE DEDICATION be repealed and replaced to eliminate the option for developers to pay a fee in lieu of parkland dedication and to require the City to accept open space and land dedications for current and future developments.

Longer version: See soslakewood.org

Several years ago Kentner, who ran as an independent candidate for Mayor and has served on the Lakewood Planning Commission, successfully authored and helped pass a petition to limit population growth in Lakewood; it was subsequently approved in a citywide election.

By not following its own standards, Lakewood has effectively sold what should have been more than a dozen acres of parkland in the last decade. According to information provided by the city, Lakewood has not required land from developers since the Solterra development in 2007 and 2013.

Kentner said there appears to be a gentleman’s agreement between Lakewood and all of its developments so they are allowed to pay the City instead of providing open space.

Although citizens have long felt powerless as Lakewood approved large apartment buildings in charming neighborhoods and at the perimeter of parks, the Kairoi monolith at Belmar Park inspired several groups to work to either limit the size of the building or eliminate it entirely.

SaveBelmarPark.com is a comprehensive website that includes a petition to declare eminent domain on the land between the building and the park in order to create a buffer zone.

Save Belmar Park, Inc. has been organizing, educating and fundraising to pursue legal channels to protect the park.

Save Open Space Lakewood (SOS Lakewood) created a petition to bring these groups together to work toward a common goal of protecting Lakewood’s natural environment.

Guest Post by Mary Janssen

Here we are again! The city of Lakewood is sending out a $73k survey to test the waters if the public is ready to De Tabor again and give up your over paid tax refunds so the city can spend it on their pet projects that they deem important.

After asking how things are going… snow plowing, police response, pot holes, the money spent on new parks (a new majority in Ward 5). They ask you if you would reject them taking more of your money.

One of the questions made me laugh. The one about the Mill levy. If you didn’t know I made a motion last October to decrease the mill levy from 4.7% to 3.85%. This would have decreased the revenue collected by the city to within the charter rule (12.12) which says clearly that property tax revenue must be below 7% growth from previous year.

12.12 LIMITATION ON PROPERTY TAXES. (a) The City Council shall not levy an ad valorem tax on taxable property in the City that provides revenue from such levy in an amount greater than was levied in the preceding year plus seven percent, except as hereafter provided.
From Lakewood City Charter

At a budget meeting I attended The city financial officer Holly Bjorklund was projecting a valuation number that she guessed was going to be the new property valuations. We do property taxes in arrears.

After doing some research on what the city was collecting on previous years since the last De Tabor we found the city was over collecting property taxes one year alone was 18%. Based on this information I thought the citizens deserved a real decrease so that’s how my team and I came up with 3.85. It would have decreased the revenue to around 5%. The city would still be collecting a fair amount and provide the citizens the relief so desperately needed since the other districts i.e. school, Fire, etc. did not decrease their mills.

My team did some calculations and found that based on Holly’s projected valuation number the city would be increasing property tax revenue by 12%.

After getting the real certified valuation number from the Jefferson County Assessors in August the city would have made a whopping 24.5% increase in revenue. That new certified number was never brought up, so I made some papers to inform the rest of council, the mayor and the city manager and the budget committee about the new certified valuation numbers and why we must decrease the mill levy to provide relief to our Lakewood citizens. The only other councilor that contacted me about this was Rich Olver and he decided that based on the research and the facts he would co-sponsor my motion.

I had to announce my motion by council request and was denied the first time so I had to wait till the end of October at the budget approval council meeting, when I was allowed to bring my motion forward, as reported in Lakewood news. I had already provided the other councilors the mayor, the budget committee city manager and staff my findings and why we need to decrease the mill. I put my motion forward and councilor Olver seconded my motion, when out of the blue councilor Barb Franks made an amendment to my original motion to raise my mill levy number of 3.85 to 4.28% in an appearance to make it look like the revenue was neutral. I have an email from Holly Bjorklund the chief financial officer admitting that the city will be indeed increasing the revenue by 12.5% , not neutral.

During discussion about the amendment I cited the charter 12.12 and was told by the city attorney that we were talking about the mill levy reduction not the charter rule about the revenue cap. I was told that in order for the city to go back and look at the interpretation of 12.12 the city would have to be sued.

The 4.28% mill levy amendment was voted on 10-1. I declined to vote for the amendment because #1 it was based on an estimated valuation number not the certified valuation number and #2 I knew that the increased revenue would be above the charter cap.

So based on facts do you think its safe to let the city take your TABOR Refunds?

Mary Janssen

Previous Lakewood City Councilor Ward 5

Guest Post by Alex Plotkin

A city that for over a decade has not only refused to do economic development (in a true sense), but has lost jobs and is now planning to use taxpayer dollars to subsidize developers, under the guise of “economic development.”

Lakewood demographics
From Looking@Lakewood

A city that, for over a decade, has done nothing to improve the path conditions along Alameda Avenue, in Ward 4.  Nor have any improvements have been made to alleviate the traffic increases at Union and Alameda.

Unmaintained pole at crosswalk

To be fair, the city did spend an untold amount of money to add “roundabouts” on Green Mountain Drive.  Perfectly placed to create a road hazard with any amount of snow.

roundabout filled with snow

A city that has been lecturing the citizens about how the citizens should be planting trees, to cool the city, you know?  The same city that is now allowing an-out-of-state developer to destroy a much-beloved park at Belmar, while chopping down dozens of decades-old trees.

A city where for years now the recreational fields at Carmody Park are in an awful shape.  Fields where parents actually pay a fee to have their children play.

patchy grass field

They “fixed it” this year:

greener field

And this is a park that has favorable political sunshine on it.

A city, where instead of maintaining the hiking and biking trails damaged by runoff, a sign is placed, telling you to be careful.  You should see what the head of parks gets paid, though.

sign "trail damage ahead"

A city, where the City Council goes in to executive sessions, to decide on even more perks for a City Manager, while the needs of thousands of residents are ignored and the city is millions over budget:

Source: City of Lakewood budget

A city, where the citizens are lectured about how they should not be driving, to save the environment and stuff.  While the city has failed to champion any sort of real economic development, so that thousands of people would not have to drive out of the city for work.

A city, where the citizens are told not to drive, while the aforementioned City Manager gets paid for mileage, just to go to work.  A City Manager that lives in the city.  Gets paid to drive to work.  Do you?

Here is an exert from City Manager’s contract:

Source: Lakewood City Manager Contract

The taxpayers, it seems also get to pay for the privilege of the department heads using the medical benefits, after they leave.  Do you get a perk such as that with your employer?

The City Manager also has a retirement perk that seems more geared for a CEO than a “public servant”.

In just one year, the city spends about $100,000,000 just on staff alone.  To be fair, some of that is police, which the city’s council has been hamstringing from even enforcing the laws that exist.

Here are the compensation numbers, just for the “department heads” (as of two years ago – you may want to see the updated ones for 2024):

As you walk around the neglected parks and drive on Kipling where the road surface has been in need of repair for years and most of the lights are out on some of the sections, may be think about asking the city what has it done with the tens of millions it receives every year, before even getting to the TABOR refunds?  Perhaps start off by looking at the expenditure trends of the planning and city manager’s departments?

So when Lakewood asks for your TABOR refund (for parks and police of course), ask the city – why are millions spent on just the planning and the city manager’s offices alone and why is the city millions over budget every year?  The cuts should have happened years ago, with money saved then be used for the parks, police, economic development and road and infrastructure maintenance.  But, instead, the city is now spending thousands of dollars of your money for marketing research to see how to manipulate the residents in to allowing the city to keep millions more from the TABOR-mandated refunds.


Lakewood has hired Magellan Strategies to conduct a ballot measure survey intended to help pass a ballot measure allowing the city to keep your TABOR refunds. Residents are already receiving the first part of that survey by cell phone message. The intent is to use the survey to find out what question residents respond positively to, and use that language on the ballot. The survey will also allow weighing responses by demographic group and information targeted to specific demographics. The city will spend up to $74,000 figuring out how to convince residents to give up their refund. Opposing groups will not have this advantage.

This survey is a one-sided informational campaign aimed at allowing the city to keep TABOR refunds because the Budget and Audit Board has already identified the need to keep the funds. According to Magellan, a cold ballot measure, one without prior information, does not have a good chance of passing. Through the survey, the city can spread the information that the city needs money.

In other words, the survey is a way to get around the prohibition against government ballot campaigns.

“A ballot measure survey is more than just measuring voter support and opposition for a sales or property tax increase. The ballot measure survey is the single best way a government organization can educate and inform their resident and voters about the reasons why new revenue is needed for core services, capital projects, an other needs. 

From years of experience, we believe a ballot measure asking voters to approve a tax increase for any purpose is more likely to pass if a survey is conducted. One primary reason being, informed voters, who trust their local government’s leadership, appreciate the information and can better rationalize the financial contribution they are making.”  

From: https://magellanstrategies.com/surveys-for-governments (emphasis added)

What does the city need money for?

Well…. everything. The city does not know and cannot say specifically. Spending levels for all city departments have gone up over the years and that level is now expected to be maintained.

The survey attempts to find out what residents would be willing to spend money on so that the city can justify keeping refunds.

The Budget Board had not identified possible specific cuts prior to the survey. If the ballot measure fails, City Manager Hodgson told the Board the city will default to across the board spending cuts. In other words, reverting to previous levels.

The survey takes about 10 minutes to complete and is composed of general interest and demographic questions. This will help gauge the mood of the residents. The demographic questions will help the surveyors weigh your response. For example, respondents who are homeowners over 65 will have their answers downplayed, while Hispanic renters will have their answers amplified. This artificial weighing allows the consultant to mimic the demographics of Lakewood, rather than the demographics of actual respondents or voters.

Take the survey here https://www.research.net/r/What_do_you_want_for_Lakewood

There will be a second survey in June to refine the actual ballot language. This first survey is just gauging community interest.

Residents question the use of city funds in an effort to gain resident money, as demonstrated in the Nextdoor post below. According this post, the average income in Lakewood is $45,000, almost $30,000 less than what Lakewood may spend on this survey.

Contrary to its title, the survey is to find out if you are in favor of once again letting Lakewood keep your TABOR rebates.  Other questions are aimed to discern how to promote a ballot vote to do so  according to your preferences of your ranked answers for how to spend it. Pretty biased wording, as someone who used to design mkt research studies. Read carefully, but do complete if you care. Context to cnsider: the average lakewood individual’s income is only $45.3k. (US census). Compare that with The city mgrs income package of about $360k and gets bonused $10k every year i have observed. Other staff income is 3 digits as well. Perhaps before asking again to dig into the pockets of its residents, far more stressed today than themselves, city hall might have instead asked us how we feel about stabilizing staff salaries or freezing bonuses for a couple of years. Then after that is done in contribution, come ask us again for more of our money. Especially since many of us arent feeling the benefits of the money we approved last time.

New information shows that Lakewood has been planning on purchasing Emory Elementary, in partnership with the Action Center, since at least September 2023 as part of a homeless strategy.

In December of 2023, Lakewood City Manager Cathy Hodgson stated that Lakewood would be working with the Jeffco Action Center to move the Center into a closed public school so that Lakewood would have another building for their solution to homelessness. There was a strong, negative public reaction to this news, which only increased when Lakewood started talking about welcoming migrants. In reaction to the public backlash, the city cried “misinformation”, and both Hodgson and Mayor Strom stated that Lakewood has no direct control over the schools.

However, Hodgson did not explicitly deny that Lakewood has been working with the Action Center and Jeffco schools to move homeless services into a closed neighborhood school and increase housing for homeless.  Instead, the manager or council called it “misinformation” in the news headlines, a statement solely aimed at migrant support (this claim was later also negated by discussions that homeless is homeless and Lakewood would support everyone possible.)

Recently a local effort called Concerned Citizens in Lakewood, [email protected], submitted a CORA Request (Colorado Open Records Access request) which revealed planning meetings with the City of Lakewood, JeffCo Public Schools, and the JeffCo Action Center related to Emory Elementary School and a real estate transaction.

These planning meetings have been going on since at least September 2023.

According to emails, Lakewood’s City Manager Hodgson hosted an organizational meeting between Lakewood, the Action Center Executive Director Pam Brier and Jeff Gaitlin, Jefferson County School’s Chief Operating Officer. The email pictured below reveals that Lakewood and Jeffco Schools have held behind-the-scenes planning meetings for this school, while officials from both governments denied or stayed silent regarding any knowledge of future plans. The email appears to indicate that the purpose of this meeting was to define next steps on the partnership to buy Emory Elementary.

To: Pam Brier; Kathy Hodgson
Cc: Gatlin Jeff; Donna Repp; Tolleson Julie
Subject: RE: [EXTERNAL] Re: Emory Elementary Next Steps Meeting
Date: Tuesday, September 12, 2023 1:40:36 PM
Attachments: image001.png
# EXTERNAL – USE CAUTION #
Kathy and Pam, Jeff and I are very excited to meet with you next week! Pam, I know you had been
talking with JLL, our commercial real estate agent. We’re not sure we’ll need an agent for this
transaction, but we will be using an outside real estate attorney. We believe it will be helpful (and
expeditious) for the attorney to be present early on in our conversations. Our attorney is Blair
Lichtenfels with Brownstein.
We would like to proceed with our meeting next week without counsel to do introductions and
talk timeline and next steps. At the next meeting we set, we would like to have our counsel and your
counsels present so that we can begin to move forward.
My rough thoughts on an agenda are as follows. Please feel free to suggest content:
Introductions
Catch-up on current context – Action Center, Lakewood, and Jeffco
Discuss Jeffco surplus process and timeline
Identify next steps, including to set a meeting with counsel present
Thank you both!
Lisa
Lisa Relou
Chief of Strategy & Communications

Not only do the emails show the partnership being formed months ago, they show the plans were detailed enough to involve future meetings with real estate agents and school board attorneys. Notable in this email was that commercial real estate agents may not be needed. This was not the public process with ample notice the school board advertised.

Gaitlin, from Jeffco Schools, said in February that Lakewood was in the early stages of using the municipal option. The municipal option seems to have come into being just for Lakewood, since it was unveiled just after Hodgson announced the plans for the school.

Using the municipal option, no community involvement is necessary, and the city could get the property at a discount. There is no municipal option for a non-profit and there is no information on how the Action Center could afford to buy the property directly, although recent evidence shows there is ample money in grants from the state to provide housing.

Officials from all organizations have had months to tell the public that these plans were being formed and to explain the public good they expected to achieve. Instead, they chose silence and a “misinformation” campaign.

There has been no public disclosure of what the city and or the Action Center plans to do with the building, should the deal go through.

There has been no public disclosure of any possible agreements Lakewood has with the Action Center in order to use the municipal option for the benefit of the non-profit.

City Councilor Rich Olver explained in one Council meeting that he was told that Lakewood just wanted the use of the ballparks, they were not interested in the school building. He stated that by talking to city staff he believed Lakewood had no intention of buying Emory Elementary building.

This statement, unfortunately, does not seem to be accurate or else Lakewood would not have to be involved with a meeting between Jeffco Schools and the Action Center, let alone hosting such a meeting. So even sitting City Council Members are not getting the whole story from the City Manager.

Paying close attention to wording, all parties could be honestly portraying the information they want to portray:

  1. Lakewood has no interest in the Emory Elementary building – but the Action Center does
  2. Lakewood has no direct control over the school – unless they buy it
  3. There is a public input period in the school disposal process – unless the municipal option is taken
  4. Plans are not definite – but they are far enough along that at this point, trying to stop it is difficult since minds have been made up for months
  5. Lakewood will not be housing people in the school – no, at that point it would be the Action Center, if they so choose. At the minimum they would continue with homeless services.

The Action Center has not replied to several requests for comment. Lakewood and Jeffco schools have gone out of their way to not talk about their plans when the opportunity arose.

When will residents know what is going on with their taxpayer-funded infrastructure?

As of April 11, the School Board voted to dispose of two more Lakewood elementary schools: Glennon Heights Elementary & Vivian Elementary.  To receive JeffCo Public Schools updates on these and other school properties sign up on Jeffco’s Property Disposition Work: Community Distribution List & Jeffco Public Schools: Property Disposition Community Voice Form


The development at 777 S Yarrow St, Lakewood, Colorado, has brought residents concerns over development to the forefront. Despite having ordinances and zoning codes, residents have identified concerns with traffic impacts, wildfire and emergency response, the loss of trees and questionable park fee implementations. Residents continue to act for this cause, at SaveBelmarPark.com, and there has been rumors of possible legal action. However, if Colorado House Bill 1107 gets passed, residents will have an even more difficult time bringing legal action against the city, because they will face legal fees if they lose the case. The bill is meant to decrease suits from residents, who don’t understand that the city has done research to show that the city is right, and therefore, resident concerns are generally unfounded and possibly frivolous. The Lakewood Legislative Committee, has taken a support position on this bill, meaning they support making it harder for residents to bring legal action against the city. This position provides an insight as to why so many resident complaints, like those of hundreds of people against the S Yarrow St development, are often given lip-service or outright ignored.

The issue highlights an important dichotomy in government. Technically, in a representative democracy, the residents should be telling elected officials what they want in terms of legislation. The elected officials then vote on a policy and the city staff will implement it. But what happens when politicians use targeted words to get a policy through that means something other than what people think? What happens when words from last year can be reinterpreted to mean something different this year, so that policy can change without so much as a public discussion?

These are the questions that residents ask when looking at the rules for developing S Yarrow St. How is it possible that a little street with a small building footprint can have no negative impact to traffic if you change it to high-density residential an add an extra couple hundred cars? Aren’t there rules to maintain a neighborhood in similar fashion?

In Colorado Springs, residents have found the answer in taking legal action against the city. Springs residents’ often cite the same problems – and developers are tired of it. According to this article in The Gazette, developers cite the need for more housing while residents cite safety concerns. Reading this article, where they talk about the 7-story complexes going in that are causing traffic concerns for the residents, you may think you are reading about Lakewood.

City Has the Experts

Lakewood will often require a traffic impact study, or environmental study when necessary. This expert testimony is the basis for approving projects. As one quote from the Gazette article stated, “”When [neighborhoods] fight these projects, they are not agreeing with the experts. They are deciding for themselves that it’s not safe.”

“In recent years, numerous political theorists and philosophers have argued that experts ought to be in charge of public policy and should manipulate, or contain, the policy preferences of the ignorant masses.”  – Nicholas Tampio, aeon.co

It is rare that cities will change their mind on project approval. Residents concerned with 777 S Yarrow have been told for months that nothing substantial can be done. So legal action brought by residents will typically delay a project, but will not cause any particular change.

To limit these delays, developers and cities need a way to stop residents from pursuing legal action. One way to achieve that is through HB24-1107 which proposes that residents who legally challenge the city will have to pay legal fees if they lose.

Passing HB24-1107 is sure to discourage residents, who already have less financial and legal resources than the city or developers they are facing.

Lakewood Council Member David Rein pointed out that this legislation is very one sided because developers are still free to bring legal action with no increased risk to themselves, which will not be the case for the residents. However, with his “city hat” on, Rein supports the legislation.

Councilor Glenda Sinks said that Lakewood should support this bill because it’s a way to support staff.

No one publicly considered the increase in legal action as a cry for help from the residents, who have presumably asked for the ordinances to be enforced in the way residents commonly understood they would be (for example, open space would be park space, not including dumpster space.)

Unanimous approval from the Legislative Committee: Council Members Sinks , Cruz, Stewart, Rein, LaBure (absent)

Legislative positions are not posted anywhere or shared unless there is a “strong” position. But this signals to the residents that Lakewood considers resident appeals to be generally not worthy of support.


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