Lakewood council schedules legal briefing, seeks staff draft after citizen parkland ordinance halts development

Lakewood City Council on Jan. 27 moved to get ahead of litigation and policy fallout from a citizen initiative that altered the city's parkland-dedication rules, directing staff to share the city's current internal draft of a revised parkland code and scheduling both a public workshop and a pre-workshop executive session for legal advice.

The action came after council members and staff described the practical impacts they have seen since the ordinance took effect in December: staff said the ordinance has been in effect for about six weeks and that no residential building permits had been issued since Dec. 7, creating a near-moratorium on new housing projects. Mayoral remarks and several councilors flagged the measure as producing "untenable" outcomes for ongoing developments and noted high public interest in the topic.

Why it matters: Council said it needs a clear, shared factual baseline before considering changes. At the meeting, the council voted unanimously to require staff to provide the most recent staff-drafted revision of the parkland-dedication code that staff developed over the last year in coordination with consultant work (the city referenced a parkland assessment prepared by Norris Design and Duncan & Associates). The council also scheduled a sit-down workshop for Monday, Feb. 3 at 6:00 p.m. and an executive session at 5:00 p.m. that day "to receive legal advice on specific legal matters" under Colorado law (CRS 24-6-402(4)(b)), related to the ordinance and ongoing litigation.

What council did: The formal motions directed staff to produce and distribute the current draft of a revised parkland-dedication ordinance and set the Feb. 3 workshop and executive session focused on legal parameters. The Feb. 3 executive-session motion references the citizen initiative ordinance (identified in council remarks as the previously adopted initiative) and the need for legal guidance on current and anticipated litigation.

What was said: In public comment, multiple residents asked the council to repeal or modify the citizen initiative and urged council to protect homeowners and development projects. Council members repeatedly described the council's legal team's choices as strategic and said the city has retained outside counsel with relevant experience. Staff and the mayor emphasized that the consent-agenda listing of the municipal-code amendment (Chapter 14.16) only authorized scheduling and that the substantive public hearing for the ordinance would be the second reading, which the clerk indicated is set for Feb. 10.

Next steps: Council will hold the Feb. 3 executive session (5:00 p.m.) to receive attorney-client advice about the ordinance and litigation, followed by a 6:00 p.m. workshop for the full council to discuss potential ordinance language and amendments. Staff has been directed to release the current internal draft revision to council ahead of the workshop. The substantive second-reading public hearing on the ordinance remains on the city's calendar (clerk noted Feb. 10 for the public hearing).","sections":{"lede":"Lakewood City Council on Jan. 27 moved to get ahead of litigation and policy fallout from a citizen initiative that altered the city's parkland-dedication rules, directing staff to share the city's current internal draft of a revised parkland code and scheduling both a public workshop and a pre-workshop executive session for legal advice.","nut_graf":"Council and staff said the initiative's effects have been time-sensitive and immediate: the city reported no residential building permits issued since Dec. 7 after the ordinance took effect, and residents and developers have complained of projects being made untenable. Council members voted to receive a staff draft of a revision based on the city's assessment work, and to hold a Feb. 3 executive session for legal advice before a 6:00 p.m. workshop to work through potential amendments.","ending":"The council's Feb. 3 executive session is limited to attorney-client legal advice under state statute; the public workshop after it will be an opportunity for the full council to review draft language and seek internal consensus before the scheduled Feb. 10 public hearing. Staff was directed to provide the draft to council members in advance."},