The following was transcribed from public comments of Attorney Kenley Brunsdale who lives in Lakewood, CO in Ward 4.
Mr. Brunsdale provided these comments as a private citizen and as an attorney with decades of experience in administrative law.
Listen up, Lakewood. Attorney Brunsdale explains why they rarely get sued over land use issues at the Federal level and what Lakewood should do. He is also the second attorney of the evening with similar advice.
No more excuses, Lakewood. Quit complaining developers will sue you. Take this advice and get the job done.
February 21, 2024 Lakewood Planning Commission Meeting.
Kenley Brunsdale Ward 4
I’ll try to be prospective in some of the ideas that come to mind. I spent my life as a lawyer working in administrative law arena. And so some thoughts come to mind.
First of all, I’d like to say that on administrative law, and this could be communicated to developers right up front, either through a waiver or through a provision that simply says, yes, there’s many sub decision decisions that have to be made. Here.
And nothing is final until everything is final.
And that’s the way it’s done at the federal level and federal administrative law and everybody knows, and therefore you never get in this. This chicken and egg problem where the developer comes in. But yeah, but yeah, but yeah, we spent this money and we’re going to sue you and they in this bullying tactic, and play starts and that’s avoided completely in the federal process, and it should be here too. I mean, they’re big boys, they, they know their eyes are open, they can read the encumbrances, they can read the process and they can make their investment.
But this has been a really classic case of of that game that developers play and that should be eliminated.
Secondly, I want to endorse what Pat (Mellen) was saying.
Without going into the current Belmar case, I do think it is an excellent case study of when it’s totally inappropriate for a staff-only secret closed door process to take place.
I don’t know where the line is, but clearly this is way past it, and isn’t exemplary and in the public angst that it’s cost.
One trigger could be anytime you are going to be expecting the city to give you waivers and boundary changes and waiving Parkland dedication and waiving easements and making boundary changes and waving tree ordinances waiving… Wow, all those things are negotiations.
And usually you expect to get something back as a city.
Those negotiations all took place in secret. The public cares about all of them. Those should have been happening in this body. With all of us watching, and anytime a park is involved, something of this size is involved. This level of public resources and public values which are being waived or traded away. That automatically should trigger no discretion. No option for a secretive private staff process. Your body was created for the very purpose of creating public involvement and public installation and allowing the public to accept the negotiations, the trade offs and feel like that they were part of the design and in the process, so that when it’s done, they can feel good about it.
So I don’t want to bemoan the current project.
But I do think it is an outstanding case study of what should never ever happen again.
Kirk Kolkmeier 3:20
Your time has expired, but I guarantee you good questions. I very much appreciate your statement because it is the very thing we are grappling with, right? Where is that line and you feel that it’s been crossed clearly here? How do we on a fairly consistent basis, decide what projects need to have a full public hearing? Versus
Kenley Brunsdale – There’s two obvious triggers in this case study. One is if it’s next to a signature Heritage Park, that the whole the whole city values that should automatically trigger it. Bingo. Okay, another one would be where the city is going to be giving things away. waving, waving easements changing boundaries.
These things have value. You’re supposed to get something back. You don’t you don’t…
These negotiations took place in secret and quiet. Who knows what the city gave away for nothing.
Kip Kolkmeier 4:24
Okay, other questions? Thank you so much. Oh, I’m sorry. You do have one? Yes.
Commissioner 4:34
How many things do you think are appropriate to give away before you hit that threshold?
Kenley Brunsdale 4:38
Anything of value. Okay, anything normally that a developer would expect to pay for? Okay, thanks. Thank you.
