Eye On Englewood

Link: http://www.englewoodcitizens.org/

Bill Offrights

Some of the fancier Colorado communities go al natural as to driveways and sidewalks. It doesn't seem to impact the design of their communities or the value of property in the neighborhoods to prefer water to concrete. Water seems necessary to growing great trees, and the earth is softer to walk on.

Follow up:

So, what is the rationale behind the common Council of Englewood's position that residents should be required to park on pavement only?
See: www.englewoodcitizens.org/pdf/bill79.pdf

What are they driving at when they craft law that allows for dirt and gravel driveways to be grandfathered in (savings clauses) but they make it a criminal offense for residents to park vehicles on them?

Perhaps they believe the line up of cars in front of homes is somehow safer or more comely than removing them from the street and pulling them onto the residents' property.

Parking only on paved surfaces was a subject that ignited the hearts of at least 60 residents who came to complain of the new law being enacted.

“Green” thinking individuals oppose it because concrete deprives roots of much needed water in the high arid climate of Englewood, Colorado.

Contractors oppose it because often, old clay sewer lines lie beneath driveways, and to have to dig up and toss away hundreds of feet of concrete in order to remodel or rebuild a structure in Englewood seems to add unnecessary skill and cost and rubbish to their projects.

Residents oppose it because it criminalizes them through zoning laws for using their property as they wish.

In effect, without the City paying for these rights, it amounts to stealing property rights. Then, if property owners encroach upon the City's new driveway use possession, they can be cited with a criminal complaint.

City Attorney Dan Brotzman feels that in order to comply with City Manager Gary Sear's wishes for Englewood, Council should disregard the savings clauses of City ordinances.

City Council, known for their ignorance of their own housing laws, and readiness to claim private property rights for the City, rely on Attorney Brotzman's knowledge and advice, and the good nature of City Manager Sears.

The link: http://www.englewoodcitizens.org/index.php?option=com_content&view=article&id=83:council-study-session-february-17th-2009-audio-enabled&catid=34:minutes&Itemid=56
exhibits a bit of Brotman and Sear's good nature and knowledge. Specifically topic discussion "C."

C. Public Hearings & Kells Rule
This was a procedural discussion presented by City Attorney Dan Brotzman, during this discussion Dan Brotzman provided history on the Kells rule and where the procedural “mayors rules” come from. “Kells rule” was described as a rule that doesn’t allow council to hear comments on (either public hearing or otherwise) and voting on the same issue in the same night. Dan Brotzman also commented that with this rule and the fact the “only public testimony during a public hearing can be considered for the voting on of an ordinance” posed a dilemma. Dan continued to comment (referencing the recent large crowd of people that showed up in opposition to the driveway ordinance, where everyone showed up after the public hearing) that council does not have to take into consideration any of the public testimony outside of a public hearing. Dan provided options to resolve this dilemma, and council selected the option to “upon discretion re-open the public hearing to hear the testimony of the public, otherwise tell the individuals preset to make comment that their statements will not be taken into consideration.”

Anyone prosecuted in the City of Englewood has to fund their own defense as to the reasonableness of the law, and head Judge Attencio deems all laws that are passed by City Council to be rational because his duty is to presume the City is innocent. It's all paved over.

All driveways must be graded towards the alley or the street, draining away all the nutrients from Englewood yards. Residential code determines that eavesdropping water onto the next person's property is also illegal.

Englewood isn't particularly driving for the look or feel of fancier communities. Paved driveways will sneak their way into the Englewood Municipal Code and bring the community at large up to the sightliness of say,...the Manager's old stomping grounds: Edgewater, Colorado.

So, this vision is worth trading citizens and their property rights?