Lakewood Informer

Resident generated news about Lakewood, Colorado

Lakewood Informer

Resident generated news about Lakewood, Colorado

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Limiting New Gas Stations

Lakewood passed a new ordinance to reduce new gas stations in order to increase public health, January 13, 2025. Not only will this decrease the number of future gas stations, the ordinance demands the new gas stations provide electric charging stations, one of which must be the latest, fastest technology. This is will substantially increase the cost to construct a new gas station while benefitting a diminishing number of customers who are purchasing electric vehicles. Lakewood also eliminated two zoning codes from permitting gas stations. If Lakewood’s plans to bring in thousands more residents through affordable housing efforts pay off, everyone in Lakewood can anticipate waiting longer in lines. Gas stations are one of the few businesses that are still thriving in Lakewood. Rather than re-inventing the wheel, please read the article below for more of the adverse effects of similar legislation in Denver. In another parallel move, Denver passed the same legislation as Lakewood, a week before Lakewood voted (correction 1/15/25 – Denver’s ordinance only passed to committee) Lakewood’s ordinance is more extreme than Denver’s because of Lakewood’s market manipulation in demanding charging stations, even dictating the type of stations, but otherwise the legislation is similar. The adverse effects were not discussed by Council. Sharf: Denver gas station ban a swipe at car mobility January 13, 2025 By Joshua Sharf, Complete Colorado Denver city councilors last summer proposed to limit the construction of gasoline stations in in the city, ostensibly in response to a citizen outcry a deluge of new gas stations being built on land that could instead be used for housing. Actual legislation has now been okayed by the city planning board, and is worse than imagined. A sweeping ban The ordinance would enjoin new gas stations from the overwhelming majority of Denver, including near areas where new, higher-density housing is being built.  It is hard to escape the conclusion that the proposed legislation is part of the city council’s campaign to make driving in Denver as miserable as possible. Sponsored by council members Paul Kashmann and Amanda Sawyer, the bill would ban new gas stations within ¼ mile of any existing gas station, within ¼ mile of a light rail station, and within 300 feet of any protected districts, zoned for low-density housing. A staff study from last May discussed exempting gas stations catty-corner to existing stations, but now there will be no such exemption.  There will, however, be an exemption for gas stations that are part of new large-sized grocery stores with over 20,000 square feet of space. Read more…

Metro Districts of No Benefit to Taxpayers

January 13, 2025, Lakewood City Council will vote in a new ordinance regulating metropolitan districts. The Denver Post has done deep investigations into metro districts, exposing them as mechanisms that bury taxpayers in debt with no accountability. Other cities are starting to pay attention and not allowing metro districts. Lakewood, on the other hand, is still supporting developer-sponsored metro districts. Staff has been bringing forward this ordinance since 2021 and backing down against resident pushback in Lakewood and across the state. Now the time has come. The new ordinance has language attempting to fix some existing problems with metro districts. However, a city ordinance cannot fix the problems that exist within state law. Lakewood is passing the ordinance now to enable the developers of The Bend to apply for metro district status, which is anticipated in February. Metro districts are critical for developers to make money from bonds without a vote from residents – because there are no residents to vote yet. Research shows this debt does not benefit residents. “…developers issue a small tranche of debt on the bond market with unfavorable terms (above-market interest) and then buy the debt themselves so future homeowners will end up paying the developer for decades through their property taxes for a completely unnecessary load of bad debt.” -Denver Post “Metro district financing is the opposite of affordable housing.” – Rooney Valley News Will Lakewood have a “safe” metro district ordinance? Not if state law prevails. They can only make baby improvements. “[metro districts] all lead to the same result – taxing residents without representation based upon single party agreements by a developer with a confessed conflict of interest to pay themselves profits by issuing taxes with no accountability for how the money is spent.” – Rooney Valley News “…debt is often intentionally hidden and getting true control of metro districts can be hard if not impossible.” – Denver Post For example, one of the improvements Lakewood attempts is to reveal home cost differentials showing that residents will not be over-paying for homes. Except there is no way to audit the costs, get company financials, or hold the developers accountable if they are overcharged. “The Service Plan shall include a cost estimate of what an individual property within the District would cost an End-user with and without the establishment of the District.“ – proposed ordinance Once the metro district status is granted, Lakewood has little authority to make sure the developer governs fairly, a point that several Council Members brought up in past meetings. As the quotes above show, metro districts are historically problematic and more expensive for the end-residents. Lakewood hopes it will be different this time. “This time” includes The Bend development at 6th and Union. As of fall 2024, the developer anticipated applying for metro district status in February. Then they would have the advantages of being a government entity, while being blighted and thereby partially funded by Lakewood. All opinions in this or any post are the personal opinions of the author

Lakewood to help fund major development at 6th and Union

On January 22, 2025, the Lakewood Planning Commission will vote on designating a new development area as an Urban Renewal. This designation will allow the city to fund part of the development. The development in question is called “The Bend” and is located on what used to be the Denver Federal Center, southeast of the 6th and Union intersection. The property includes an ex-Superfund site that has not been remediated. However, the property was not blighted before the property sale, when all buyers could plan for city assistance. Instead, the area was deemed a prime location for commercial activity, according to comprehensive and special studies. Once again, Lakewood has contracted a study to prove to the residents that they have no choice except to do what is really a discretionary action. The study by Ricker Cunningham shows that “the survey concluded that nine (9) of the 11 total possible factors [for blight] are present at varying degrees of intensity, but all at levels considered adverse to properties, businesses, and persons living, working, and traveling through the area.” Read the study: The study is some research but more justification for what the city apparently wants to do. There is no explanation from anyone about why it wasn’t blighted anytime in the last 30-50 years since the site was decommissioned. An earlier designation would have created a more equal playing field for those bidding on the property, in the name of full disclosure. As it stands, it seems that one developer is getting a special deal. The study even documents that the Planning Commission meeting is a foregone conclusion: “… in addition to the public hearing (February 24, 2025), were scheduled, noticed, and conducted. Specifically, the Authority considered the Plan on XXXXXXX at a duly noticed meeting, and the Planning Commission reviewed the same on January 22, 2025, where they determined it to be consistent with the Comprehensive Plan.“ – Study, pg 8 Jefferson County, City of Lakewood, Jefferson County School District R-1, West Metro Fire Protection District, and Mile High Flood District have already negotiated tax assessment and revenue agreements, prior to the public hearing. “It is the intention of City Council in adopting this Urban Renewal Plan that the [Lakewood Reinvestment] Authority has available to it any and all powers authorized in the Act and considered necessary and appropriate to implement this Plan.  Because powers conferred by the Act include facilitating the completion of improvements for which public money may be expended, the intentions of this Plan are considered to be in the public interest and a necessity, such finding being a matter of legislative determination by City Council with its adoption.” – Study, pg 9 Lakewood May Pay for Site De-Contamination Is this prime location for commercial activity really an area of blight? Debatable since it is called both prime and deteriorated in city documents but without this blight designation, Lakewood cannot fund the development. “Union Boulevard has grown over the years and has achieved recognition as a prime location for business” – Union Boulevard Corridor Plan To qualify for a blight designation, the site has been deemed deteriorated. This property was a federal military site that contains a toxic landfill. The study says the city may pay for old infrastructure and decontamination. Is the city signing up to pay for environmental remediation? Or is that only useful for designation purposes. So far no one has suggested actually decontaminating the site. Instead, the proposal is silent with respect to current plans but in the past the intention was to build over the hard parts. In the quote below, the bold is the blight condition, and the suggested city contribution follows. “Deterioration of site or other improvements – removal of trash, remnant infrastructure, weeds, and contaminants;” – Study, pg 11 Many of the conditions of so-called “blight” mean that the property is undeveloped. For example, to read this report, any property without a water line, or a street without curbs should be blighted. “Existence of conditions that endanger life or property by fire or other causes – fire protection equipment, water lines, and storage facilities to ensure adequate flow;” – Study, pg 11 Since these are all conditions of an undeveloped property, and the developer bought the property knowing this and is now asking for the property to be blighted so the city can contribute, the question is: how much did the city promise the developer before purchase? How much did the developer plan on receiving? Did they ever plan on doing this on their own? The primary purpose of the plan is to allow the city to spend money “the first objectives of any and all urban renewal plans is to provide the municipality with a workable program for expending available resources to mitigate and prevent the spread of blight, foster needed rehabilitation of improvements within designated locations, and advance community priorities expressed in adopted policy and planning documents.”-  Study, pg 9 Contrary to what may sound like an innocuous renewal area recommendation, this is a major commitment to develop an environmentally sensitive area, with contentious high-density homes in an already congested traffic area. The plan aims to “advance community priorities,” which is a very subjective statement. The plans refer to designs started in 2008. Think of how much traffic has increased since then. The 2017 traffic study says traffic allowances will be needed and makes several recommendations, see below, which the city will also pay for. Current plans for the Union corridor are based on the layout of Portland, Oregon to increase density and walkability (see page 30). The new walkability plan completely rewrites the original city plan and block layout of a previous generation. The current plan also claims to be written for the next 50 years but is evidence that 50-year planning is difficult at best. This plan is a complete overhaul and urbanization of the Lakewood people here love. Do residents want to partner with developers to build 2000 units near an unremediated toxic

Possible New Gang Activity

A resident sent pictures of what he’s sees as new gang activity in his neighborhood. The picture below is an example, taken near Lamar and Alameda on the south side. Two to three days after this marking there a fire set right next to it. Now similiar writing is appearing in Belmar and on sidewalks near In & Out. Please share any updates you may have. Police were not asked because this is so small. But residents sometimes see what’s going on in their neighborhood.

January Specials at Ageless MedSpa

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Littleton indefinitely postpones ordinance for multi-unit homes after packed meeting

Note: This is pertinent to Lakewood because Lakewood is trying for exactly the same kind of high-density, multi-unit homes. They have already contracted new codes to be written, and it’s scheduled to be voted on this spring. This is not a resident-led iniative but a regionally coordinated agenda. From Rachel Saurer, KDVR.com LITTLETON, Colo. (KDVR) — On Tuesday (7 Jan), the city of Littleton held a public hearing to allow people to provide feedback on a proposal to amend Littleton’s Unified Land Use Code regarding housing types. At the end of the meeting, city officials made the decision to indefinitely postpone the ordinance. “Our goal is to see if we can address some of the housing issues that we have here in Littleton and the whole metro area,” said Mayor Kyle Schlachter. Read more and watch video…

Littleton indefinitely postpones ordinance for multi-unit homes after packed meeting

Note: This is pertinent to Lakewood because Lakewood is trying for exactly the same kind of high-density, multi-unit homes. They have already contracted new codes to be written, and it’s scheduled to be voted on this spring. This is not a resident-led iniative but a regionally coordinated agenda. From Rachel Saurer, KDVR.com LITTLETON, Colo. (KDVR) — On Tuesday (7 Jan), the city of Littleton held a public hearing to allow people to provide feedback on a proposal to amend Littleton’s Unified Land Use Code regarding housing types. At the end of the meeting, city officials made the decision to indefinitely postpone the ordinance. “Our goal is to see if we can address some of the housing issues that we have here in Littleton and the whole metro area,” said Mayor Kyle Schlachter. Read more and watch video…

Lakewood Still Ignoring Window Washers

When Lakewood City Council had the opportunity to study the effects of repealing laws like those that govern panhandling in the street, Council voted no. Council Members said they, “can’t imagine telling a voter that we said we’re going to get rid of the consequences to crime.” What residents heard was “we want our laws to stay.” What Council meant was literally, “we can’t tell people what we are doing.” Nobody used false words, but a year later, Lakewood is still not enforcing its own laws and has not acknowledged the effects of removing the consequences. Since that time, Lakewood has doubled down on permitting window washing by deciding not to put up new signs to deter window washers, while voting to put up new signs to change the speed limit, both of which carry the same traffic risk. Residents are still voicing concerns and noting the lack of enforcement. A new thread on nextdoor.com appeared January 6, 2025. It disappeared within a day because Lakewood has vocal supporters on nextdoor who get people canceled (A big reason to support independent media!). Before it was removed, the post had over 200 comments, most of which agreed that panhandling and window washing on street medians was dangerous. Residents want Lakewood to do something about it. Original post: Complaints: Most neighbors said they felt threatened by the activity, especially females. Others felt endangered due to the high risk of accidents. Still more expressed frustration with Lakewood for not taking action the way other cities, like Arvada, are doing. Some people disagreed that window washing was a problem at all. They didn’t seem to argue about its legality or status as a traffic hazard. Rather than addressing those issues, they argued that residents should be more compassionate. To those that feel threatened or endangered, the overwhelming response was to tell people to deal with it. That is, it was your fault for feeling threatened, not the fault of the window washers or the situation. Misinformation: More troubling is the amount of misinformation out there. For instance, one resident said this wasn’t a Lakewood issue. She advised people to call the state. During this process she agreed with Lakewood’s strategy of unofficially repealing crimes without resident consent. Lakewood Informer reached out the CDOT and the Colorado State Patrol and confirmed that Lakewood are indeed the responders to this situation, if they so choose. Lakewood should have time to police all its laws. One resident said he reached out to Lakewood City Council and was told there was no law against panhandling. Does City Council really not know the laws that have been brought to their attention numerous times? According to another resident, Mayor Wendi Strom specifically called these “crimes of survival” – a concept Council denied defending when refusing to research repealing the law. Are Council or staff interpreting Lakewood laws are illegal and so are unofficially repealing them without a proper vote? Or are they playing word games to say “panhandling is not illegal” while not addressing the fact that there are laws that address the issue? According to staff, Lakewood has repealed several panhandling laws. However, there are others still active for roadside solicitation (LMC 12.18.020). City Council has refused to research effective policing strategies or to take action to enforce Lakewood laws. They have also not officially repealed any laws. But Lakewood residents seem to have no doubt that Lakewood is not enforcing its laws and they are noticing the detrimental effects.

Terumo BCT draft permit modification open for public comment until Feb. 6, 2024

via reader notification – thank you! The CDPHE Air Pollution Control Division is actively working with Terumo BCT to further reduce ethylene oxide emissions. A draft permit modification for Terumo BCT to install and operate additional devices to reduce ethylene oxide emissions from the facility is now available on the division’s website. Terumo BCT currently uses a device known as a “dry scrubber” to reduce ethylene oxide emissions. The proposed permit modifications would allow Terumo to use a new control device called a “thermal catalytic oxidizer abatement plant” as its primary emissions control. The dry scrubber would then serve as a backup control.   The draft permit is open for public comment from January 7, 2025 – February 6, 2025. Division staff will review all public comments received and use relevant comments to inform the permit updates. The permit is available on the division’s air permit public notices web page. That web page has details and tips for submitting effective public comments. Terumo BCT has indicated new control equipment could be fully operational in early 2025. Once the equipment is fully operational, Terumo BCT would have to test ethylene oxide emissions to ensure it meets the permit requirements. These tests would use U.S. EPA-approved methods to evaluate emissions reductions.   More air quality monitoring around Terumo BCT  The air division conducts its own air quality monitoring around Terumo BCT and will continue doing so after the new equipment is in place. The division will make this data available to the public on its website once it has undergone quality control assurance and review. The division will use this information to inform its ongoing work protecting clean air in Colorado’s communities. New regulations and proposals that apply to Terumo’s emissions of ethylene oxide March 2024 federal ethylene oxide rule Terumo BCT must comply with the U.S. EPA’s new rule to reduce harmful ethylene oxide emissions and exposures. This new rule applies to four commercial medical sterilization facilities in Colorado, including Terumo BCT. The federal rule is expected to reduce ethylene oxide emissions at these facilities. Learn more on EPA’s website. Ethylene oxide proposed as priority air toxic in Colorado From January 16-17, 2025, the Air Quality Control Commission will hold a rulemaking hearing on a proposal to identify up to five priority air toxics in Colorado. Ethylene oxide is one of the five priority air toxics proposed for commission consideration. After the commission determines priority air toxics, Colorado will then work to establish health-based standards for each one through a separate rulemaking later in 2025. This is one of the requirements under Colorado’s Public Protections from Toxic Air Contaminants Act. The division developed the draft proposal with input from monitoring and modeling data, the public, and a technical working group of scientific experts. The division may propose adding more priority air toxics in the future. You can register to offer a verbal public comment or listen to the January 2025 rulemaking hearing. A registration link to listen or offer verbal public comment is available on the commission’s website.  Contact us To submit permit comments, visit the division’s air permit public notices web page. You may contact us anytime at the following email addresses:

Lakewood Abuses Emergency Declaration Power

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

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