Eye On Englewood

Link: http://www.eyeonenglewood.com

The latest full house at City Council meeting turned up when Council member, Linda Olsen, complained about seeing recreational vehicles, trailers and caravans on the streets and in driveways of her neighborhood. She requested that her friends on council implement laws to address the problem. Arapahoe Acres is an upscale Englewood neighborhood where each address has a unique piece of art in the front yard.

Political opponent, Matthew Crabtree, and some Concerned Englewood Citizens stirred the pot. He says, "For clarification, this was this was NOT a discussion about parking on the street - this is a debate on how you can use your own driveway." The house was packed when people turned up to represent themselves. That would be their right to freely and openly express a pursuit of fun in life. Mayor Woodward refused to let so many people speak, and Olsen herself apologized, --not for her attitude,-- but for so many people feeling compelled to come out and represent on “such a non-issue.” Then, the tempers flared. To an outsider, it seemed a bit like July 4th celebrations.

Afterwards, Crabtree, approached Olsen to encourage her once again to make these kinds of decisions public so that there is a fair fight and the people are heard. But Olsen leaned in to quietly lecture Crabtree, “Do you realize that I now fear for my life?” She hissed. “I need a police escort just to get out to my car after this meeting!”

A criminal case is being served this week against the City Council by Douglas Cohn against the Mayor of Englewood, Jim Woodward, and the City Manager, Gary Sears for various violations of the Tabor Act, the most recent being the green solar panels. A more efficient manner of erecting green building standards in Colorado would be to enact a building code utilizing solar attic fans and 2”x 6” exterior framing, costing taxpayers nothing. Or, erecting windmills in open areas to generate energy.

Last year, a couple running a boarding house for seminary students and missionaries, the Bartnicks, filed for a special recall election on several of City Council, then decided instead to put their efforts towards a lawsuit against certain Council members and staff for acting outside their scope of legal authority and for illegal lawmaking, including retrospective laws, a bill of attainder and the City’s triple religious discriminatory prosecutions. An unwarranted search and seizure escalated by Englewood’s top judge, Mr. Atencio, was included by the District Judge, and the City is compelled to Answer charges this month.

Another case was filed by an Englewood Developer on Ogden Street for the City’s intermeddling in a land deal, which ended up costing the developer months and money, which the City paid back in restitution to the tune of approximately $60,000.

Again, in the case where an Englewood industrial developer over shot his lot survey, and developed on a neighboring property, all approved by Englewood’s Building Department, the City is again defending its reckless disregard for your money at work.

This is the same government that asked for their two terms to be enlarged to three, and won the vote in November, 2009. This is the City Manager whose salary is $165,000, with added travel and vacation packages, and who just slashed your benefits across the board from street maintenance, snow removal and paving, to parks and staffing.

Bloomberg reported this week: “Hundreds of residents of one of the poorest municipalities in Los Angeles County shouted in protest last night as tensions rose over a report that the city’s manager earns an annual salary of almost $800,000.

“An overflow crowd packed a City Council meeting in Bell, a mostly Hispanic city of 38,000 about 10 miles (16 kilometers) southeast of Los Angeles, to call for the resignation of Mayor Oscar Hernandez and other city officials. Residents left standing outside the chamber banged on the doors and shouted “fuera,” or “get out” in Spanish.”

“The Los Angeles Times reported July 15 that Chief Administrative Officer Robert Rizzo earns $787,637 -- with annual 12 percent raises -- and that Bell pays its police chief $457,000, more than Los Angeles Police Chief Charlie Beck makes in a city of 3.8 million people. Bell council members earn almost $100,000 for part-time work.”

Yes, when citizens turn up and turn out their government, is when they see the shenanigans going on and figure out how the system works to correct the funny business.

Link: http://www.eyeonenglewood.com

During June 7,2010 City Council meeting, the Denver Christian School requested a business variance to open a second hand store on Broadway. The history underlying this request is that the latest version of the Englewood code prohibited various kinds of businesses, including thrift. But in this economy, beggars can't exactly be choosers.

Senior Planner, Langon, suggested changes in the code to enable the School to open their store front. The only question there is whether the code should lighten up across the board, or whether the school will receive preferential treatment.

The School also requested a change to the square footage. Again, Council debated the advantages against the disadvantages, and several district representatives admitted that they had no vision for what was to happen along South Broadway, and did not talk with the business owners, but only amongst themselves. Olsen stated she was concerned that there was no real downtown plan, and also concerned about allowing a subcategory for nonprofits. McCaslin recognizing the limits of government in a unprecedented moment, suggested that it was more appropriate to allow the businesses themselves to determine such things, and that it was better for Council to let out the rope.(See Council Bill 11, See Item 11.b.1 discussion.)

Mayor Woodward, however, suggested that Council purchase a new set of aerial photographs for $5,000, at "a real bargain" and that further he personally used the photos for code enforcement issues against business and residential properties comparing the last photographs were taken. (Item 11-a.1. Council Bill 13).

"With a $39,953 loss anticipated this year,and a 2.5 million dollar deficit in the City, I am very disturbed about our cavalier Council," reported Rick Gillit after the most recent financial presentation at Monday's City Council meeting.

The votes are down the line, six to one, six to one, six to one, but District 4 Representative, Rick Gillit is sticking to his Mantra: "Stop Approving New Spending."

Mayor Jim Woodward's response seemed insipidly lacking in perspective when he said, "Well you know, back in 2007, we were really concerned, but we had a super situation and we came out on top." In 2007, Englewood was still rechanneling sales taxes from Cherry Hills and Greenwood Village. Englewood can no longer do that, so it must either amend it's spending or enact a higher tax on the people in order to make ends meet.

"I am very disturbed at this ongoing trend. It terrifies me that this Council just doesn't care." Said Gillit. Thankfully, Commissioners on the Board of Adjustments and Appeals stood up and took notice themselves in this week's Board meeting directives to the Englewood City Attorney, Nancy Reid.

In the BOAA meeting, two private land owners approached the Board because the present Englewood Code was inappropriate for their properties. Research performed by Commissioner, Douglas Cohn,was presented, showed that,

1. Englewood had originally drafted its zoning codes after Denver's zoning codes in the 1903 (Mayor Jacob Jones, and afterwards, with Mayor Daniel Sutton). These codes established the typical lot sizes as 25 feet and 37.5 feet wide.

2. Mayor Woodward had changed the entire zoning code (E.M.C)in 2004 off of a generated template from the Municipal League of Cities. This code replaced the old lot measurements with a minimum of 40 feet wide.

a. the template was geared towards new emerging cities, not
existing, and did not apply to Englewood's historic issues.

b. the new Englewood Municipal Code did not grandfather the
residents' pre-existing properties or conforming uses.
Therefore, all lot sizes under 40 feet wide are automatically
non-conforming in use.

c. The enacting of the new Code in it's entirety rather than
in smaller topical sections that had time to be reviewed and
researched in detail, violated Constitutional restrictions for
enactments.

d. Owners and developers are encountering logistical conflicts
in these last few years, throwing the City into numerous
lawsuits due to lack of foresight.

e. Owners cannot sell existing residences as a "conforming use"
and are forced to sell them as "non-conforming" uses at a loss
of value because they are under 40 ft wide.

Chairman John Smith III,'s ire was raised, as a multiple property owner and landlord in Englewood. He spearheaded the ensuing discussion and both of the residents approaching the Board for variances this week obtained their objectives. Chairman Smith and the Board of Adjustments and Appeals instructed City Attorney Reid to direct Englewood Mayor Woodward to revisit and amend the zoning code accordingly. The code is the Mayor's own yard work.