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HomeMy WebLinkAbout1997-01-21 PZC MINUTESCITY OF ENGLEWOOD PLANNING AND ZONING C01\1MISSION JANUARY 21, 1997 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P.M. in the Englewood City Council Chambers, 3400 South Elati Street, Chairman Robert Mason presiding. Members present: Douglas, Dummer, Garrett, Redpath, Tobin, Weber, Welker, Mason Simpson, Ex-officio Members absent: Horner (with previous notice) Staff present: Harold J . Stitt, Planning Community Coordinator Mark Graham , Neighborhood Community Coordinator Nancy Reid, Assistant City Attorney Chairman Mason declared a quorum present. II. APPROVAL OF MINUTES. January 7, 1997 Chairman Mason called for consideration of the Minutes of January 7, 1997. Redpath moved: Tobin seconded: The Minutes of January 7, 1997 be approved as written. AYES: NAYS: Dummer, Garrett, Redpath, Tobin, Weber, Welker, Douglas None ABSTAIN: Mason ABSENT: Horner The motion carried. III. CONDITIONAL USE. All Soul's Parish Day Care Center 4800 South Pennsylvania Street CASE #CU-97-01 1 Chairman Mason stated that the request before the Commission is for approval of a Day Care Center in the former Elsie Duncan Elementary School , to be run by All Soul's Parish. Mr. Mason asked for a motion to open the Public Hearing . Tobin moved : Redpath seconded: The Public Hearing on Case #CU -97 -01 be opened . AYES : NAYS: ABSTAIN: ABSENT : Garrett , Redpath , Tobin , Weber , Welker , Douglas , Dummer , Mason None None Horner The motion carried. Mr. Harold J. Stitt , Planning Community Coordinator , was sworn in. Mr. Stitt stated that while researching and writing the staff report , it became obvious there are issues the applicant needs to address with the immediate neighborhood prior to a Public Hearing before the Com- mission. Therefore , staff requests that the Planning Commission continue the Public Hearing to February 19 , 1997 , to provide time for the applicant to schedule a public meeting within the immediate neighborhood to address these issues and concerns . Mr. Mason extended apologies to those members of the audience in attendance on this issue . Douglas moved: Tobin seconded: Case #CU-97-01 be continued to February 19 , 1997 . AYES: NAYS : Redpath , Tobin , Weber , Welker , Douglas , Garrett , Dummer , Mason None ABSTAIN: None ABSENT: Horner The motion carried . Mr. Simpson stated that a neighborhood meeting will be scheduled, and that it is important for the neighborhood residents to talk to All Soul's representatives, as well as to the members of the Planning staff/Planning Commission. IV. RE-ORDER OF AGENDA. Douglas moved: Garrett seconded: The order of the Agenda be changed , to bring forward Items #5 and #6 before consideration of Item #4 . AYES : NAYS: Redpath , Tobin , Weber , Welker , Douglas , Dummer , Garrett , Mason None 2 ABSTAIN : None ABSENT : Homer The motion carried. v. COMPREHENSIVE ZONING ORDINANCE Pawnbrokers/ Auto Pawn CASE #OR-97-02 Mr . Stitt stated that Cases #OR-97-01 and #OR-97-02 are "implementation tools " for the South Broadway Action Plan , and that the Action Plan should be recommended to City Council for approval prior to consideration of these cases . Staff does , therefore , recommend that both Cases #OR-97-01 and #OR-97-02 be continued to February 19 , 1997. Doug las moved : Tobin seconded : The Public Hearing on Case #OR-97-02 be opened . AYES: NAYS : Tobin , Weber , Welker , Douglas, Dummer , Garrett , Redpath , Ma son None ABSTAIN: None ABSENT : Homer The motion carried . Redpath moved: Dougl as seconded: The Public Hearing on Case #OR-97-02 be continued to February 19 , 1997 . AYES: NAYS : Weber , Welker , Douglas , Dummer , Garrett , Redpath, Tobin, Mason None ABSTAIN : None ABSENT : Homer The motion carried. VI. COMPREHENSIVE ZONING ORDINANCE Temporary Employment Services Douglas moved : Tobin seconded: The Public Hearing on Case #97-01 be opened . CASE #97-01 AYES : NAYS: Welker, Douglas, Dummer , Garrett , Redpath , Tobin, Weber , Mason None ABSTAIN : None ABSENT : Homer 3 The motion carried . Mr. Mason called for a motion to continue the Public Hearing to February 19 , 1997 Welker moved: Redpath seconded : The Public Hearing on Case #97-01 be continued to February 19 , 1997. AYES : NAYS: Douglas , Dummer , Garrett , Redpath, Tobin , Weber , Welker , Mason None ABSTAIN: None ABSENT : Horner The motion carried. * * * * * * * * * * Chairman Mason announced that Cases CP97-01 , OR-97-01 , and OR-97-02 have all been con- tinued to February 19 , 1997. ********** VII. COMPREHENSIVE PLAN AMENDMENT South Broadway Action Plan Tobin moved: Douglas seconded: The Public Hearing on Case CP-97-01 be opened. CASE #CP-97-01 AYES : NAYS: Dummer, Garrett, Redpath , Tobin, Weber, Welker , Douglas , Mason None ABSTAIN: None ABSENT: Horner The motion carried . Mr. Mason stated that the Chair had in hand the Notice of Public Hearing published in the Englewood Herald on January 9, 1997. Mr. Mason asked that staff present the case. Mr. Mark Graham was sworn in . Mr . Graham asked the Chair to make note for the public that February 19 , the date to which three public hearings were continued , is on a Wednesday evening , not the usual Tuesday evening meeting date for the Commission . Mr. Graham testified that the South Broadway Action Plan is a proposed amendment to the Comprehensive Plan for the City of Englewood. Mr. Graham asked that the Comprehensive 4 Plan and the Comprehensive Zoning Ordinance be accepted into the record of the Public Hearing. Mr. Graham noted that the recommendation contained in the Staff Report has been modified, and staff now requests that testimony be taken this evening, and the Public Hearing be "continued" to February 4, 1997. Mr. Graham testified that City Council, after receiving numerous expressions of concern from adjacent residential neighborhoods, asked staff to study the South Broadway corridor, consider a course of action to address the concerns and improve the corridor. Staff began this project in Spring, 1996 , by hosting four neighborhood/ community meetings. These meetings were held at The Black-eyed Pea Restaurant (business-oriented); Cherrelyn Elementary School, Cushing Park, and at the Malley Senior Center. The Office of Neighborhood and Business Develop- ment has worked on this project for the past nine months. In addition to the community meet- ings, staff performed assessments of property and uses along the corridor, wrote the Plan in- corporating public input from the community meetings into the Plan, and have worked closely with a consultant to develop the Action Plan. Mr. Graham emphasized that the Planning Commission and City Council will be involved in steps to implement the Plan such as adopting regulatory standards, design standards, etc. Mr. Graham stated that the primary goals of the South Broadway Action Plan is to create a good place to do business, and to create an atmos- phere that encourages people to spend time on South Broadway. Right now, the perception is that South Broadway is attracting businesses that do not contribute to this goal. Many of the existing development standards are antiquated, and businesses that are locating along the corri- dor are adversely impacting adjacent residential neighborhoods. The South Broadway corridor is composed of four distinct segments: the Gateway, Downtown, Midway, and Motorway segments. Mr. Graham noted that the Downtown portion of the Broadway Corridor, from ap- proximately Eastman Avenue south to Kenyon Avenue, is not part of the South Broadway Ac- tion Plan, and is being studied separately by the Englewood Downtown Development Author- ity. They will prepare a separate report, which will also need to be reviewed by the Planning Commission and City Council. Mr. Graham stated that several of the implementation strategies outlined in the Plan are City- led, but other strategies require community action and must be citizen-led. Mr. Graham cited implementation steps such as revision of the Comprehensive Zoning Ordinance, which must be City-led and requires action of the Commission and City Council; development of recommen- dations on hours of business for pawnbrokers and temporary employment halls, and addressing the incompatibility of specific business types with adjacent neighborhoods and businesses. Mr. Graham discussed facets of the Plan which address the "appearance" of Broadway, such as improved lighting, street furniture, landscaping. Mr. Graham noted that, just as each "district" of the Broadway corridor has a different character, the improvements suggested will have "specificity", and will not be "generalized". Mr. Graham emphasized that the South Broadway Action Plan is a "concept", or a "vision" of what South Broadway can be. Mr . Weber asked whether the urban design issues would be related to the total corridor, or to the individual "district". Mr. Graham stated there is opportunity for relation to both the total corridor, and to the individual district. A feature, such as street lighting, could be applicable 5 for the total corridor, while other features could have district specificity . Mr. Graham cited street furniture which would differ in a "pedestrian district" versus a "highway district ". Mr . Redpath asked whether there is a priority in the implementation procedures. Mr. Graham suggested that regulatory standards addressing pawnbrokers and temporary employment halls will be considered in the near future. Design standards and physical improvements will be de- pendent upon budgetary constraints. Mr . Garrett noted that the South Broadway Action Plan distributed to the Commission previ- ously is "draft ". He asked when a "final" Plan might be expected. Mr. Graham stated staff hopes to have revisions completed in time for the February 4m mee ting . Mr. Garrett suggested the Commission should have the final plan prior to that date if staff wants a decision rendered at that meeting . Mr. Graham agreed . Mr. Graham stated that this concluded his presentation ; he would be available to answer questions . Mr. Mason stated the Commission would now hear from those individuals in favor of the South Broadway Action Plan. He asked all who addressed the Commission to limit their re - marks to no more than five minutes in length , and to not give repetitive testimony. Mr. Garrett asked what the distribution has been for the South Broadway Action Plan. Mr . Graham stated that 42 bound copies were prepared: City Council , Planning Commission , fo- cus groups , the Chamber of Commerce , the EDDA , and staff ha ve received bound copies . Additional copies have been prepared and are available . Ms. Ann Nabholz, 2990 South Delaware Street , was sworn in . Ms. Nabholz stated she is in strong support of the South Broadway Action Plan -and recommends that "Action Plan " be retained in the title of the document. Ms. Nabholz stated this Plan presents a vision to work toward , and implementation will depend on partnership between the residents, government , and businessmen. Ms. Nabholz urged the Commission to enlist the assistance and support of other board and commission representatives. Ms. Nabholz stated that she had attended all four of the community meetings and is pleased with the resulting Plan . Ms . Nabholz stated she looks forward to bringing back the vitality of South Broadway to the community , and urged the Commission to go forward with approval of the South Broadway Action Plan. Clyde Miller , Pastor of Mayflower Congregational Church , 3001 South Acoma , was sworn in . Pastor Miller congratulated the Commission on the Action Plan , and stated that members of his Church are in support of the proposed Plan. It will enhance the livability of that neighbor- hood , and anything that will stop decline of the neighborhood will be welcomed and supported. Gerry Venard , 2763 West Long Drive , was sworn in , and testified that he is a long-time mem- ber of the Mayflower Congregational Church, and is in favor of the South Broadway Action Plan . Mr . Venard stated that he has seen decline of the Broadway corridor and adjacent neighborhoods , and the Action Plan makes a very positive statement to the community . This can be very encouraging to the citizenry of north Englewood. Mr. Venard urged the Commis- sion to go forward with approval of the Plan. 6 Judy Dunlop, 2935 South Acoma, was sworn in. Ms . Dunlop testified she endorsed the South Broadway Action Plan, and addressed issues of safety. She testified that she and her husband moved here from Chicago in 1971, settling in north Englewood . They then moved to the mountains for approximately 10 years, moving back to the same general area of Englewood some time ago . She stated that she and her husband were "appalled" at the change in the neighborhood; she does not feel safe walking down the street, or waiting for a bus on South Broadway. Ms. Dunlop stated she attended the community meetings, and the ideas and com- ments she put forth at that time were incorporated in the Plan. She fully endorses going for- ward with the Action Plan Ms. Tobin asked Ms . Dunlop if she had personal experience of "non-safety", or if it was only a "feeling". Ms. Dunlop stated it is primarily a "feeling", but she has been panhandled on South Broadway . She noted that her residence is in the immediate vicinity of Bates/South Broadway , and the general feeling in this neighborhood is that of being "unsafe". There have been robberies and burglaries in the neighborhood and residents are concerned. John Looze, 2935 South Acoma , was sworn , and supported testimony given by his wife, Ms. Dunlop . He stated there has been a rash of burglaries ; a Neighborhood Watch program has begun, and he is Neighborhood Watch block captain. Mr. Looze stated that the Plan submitted to the Commission for their approval is good, is sound , and while the Plan may need some re- finement, he urged the Commission go forward with the Plan. Mr. Looze supported previous testimony of the neighborhood sense of "unsafety " , both personal and property . Mr. Redpath asked if there were suggestions from the residents on how to address the issue of safety -increased street lighting, increased police patrols ? Mr. Looze stated there is need for increased street lighting on the east side of South Acoma Street; people do not want to walk down the street, or along South Broadway. Mr. Looze reiterated that "people are afraid". Sandy Ostema , 2843 South Grant Street, was sworn in. Ms . Ostema expressed appreciation for the opportunity to address the Commission , and to express her support of the South Broadway Action Plan. Ms . Ostema stated that "the Action Plan may not be the total cure, but it is a good beginning". Ms. Ostema emphasized the need to work together to implement the Plan. She stated a "gateway" to Englewood would be nice ; we need to do something to attract shoppers, and to give residents and businessmen a sense of "place". Ms. Ostema commended the Kaiser development as a clean, attractive site. Ms . Ostema asked that the Commission please proceed with the approval of the Plan. Ron Gold , 2812 South Bannock Street (business address 4285 South Broadway) was sworn in. Mr. Gold testified in favor of the South Broadway Action Plan. Mr. Gold stated he has lived in and owned his business in Englewood for 20 years. He stated it would be great if Engle- wood can move forward , but commented that in the last 20 years he has seen personal and property safety decline. Englewood has become a "dumping ground"; Denver has improved, but the undesirable businesses are moving to Englewood. 7 Mr. Mason asked Mr. Gold, as a business owner , whether he feels Englewood has provided a good climate for the small business owner. Mr . Gold responded that the City has not; drunks and loiterers are not attractive for businesses . Mr . Gold stated that it is discouraging when he considers the amount of money he has spent to create a positive business environment for his site . Mr. Jim Hanifen , 3142 South Clarkson Street , was sworn in. Mr. Hanifen testified in opposi- tion to the South Broadway Action Plan , stating it is , in his opinion , discriminatory against low -income persons who might frequent pawn shops , temporary employment halls , and the motels situated along South Broadway. Mr. Hanifen stated he did not find the aforecited uses to be undesirable , nor does he find the low income people living in Englewood undesirable. Mr. Hanifen commented on the "perception " that pawnshops are undesirable , and that he does not share that perception. Mr . Hanifen stated that it is "self-righteous " to selectively exclude specific businesses . Mr. Hanifen pointed out that a large number of people living in this area are renters . Mr. Hanifen asked who makes the determination on what is undesirable and in- compatible . He noted that "these businesses are thriving because the corridor is the way it is ". Mr . Hanifen stated that this area "will never be Cherry Creek North , or Highlands Ranch ". Mr. Hanifen stated that there are codes and laws in effect that , if enforced , would properly ad- dress neighborhood decline , and that the proposed regulatory standards for pawnbrokers and temporary employment halls are not appropriate steps to take . Mr. Redpath asked Mr . Hanifen how he would suggest the temporary employment halls and pawnbrokers , for instance , could be made more acceptable . Mr. Hanifen stated that these uses should not have to be acceptable to everyone , and reiterated that he is not of the opinion these businesses are undesirable . Mr. Hanifen stated that he understands this Action Plan and pro- posed regulatory standards came about as a result of one business which has negatively im- pacted the adjacent residential neighborhoods . Mr. Hanifen stated that he is in favor of pro- moting market changes to bring about neighborhood change , but this Action Plan takes away the right of business people to continue to operate where their current business is . The one day-labor business has been the source of the problems , and he has heard a lot of "vague " comments regarding those problems. Mr. Hanifen discussed crime issues , noting that the Englewood Police Department has stated crime is actually down by 7 3 in this area. Mr. Garrett pointed out that several of the issues brought up by Mr. Hanifen are implementa- tion-oriented , and not o.n the South Broadway Action Plan itself. If the implementation issues were put aside , what is Mr. Hanifen 's opinion of the Plan itself. Mr. Hanifen stated that the Plan is "heavy-handed " and out of place. Mr. Hanifen attempted to compare Englewood to the improvements occurring on East Colfax Avenue , and while the improvements "feel a little better ", he isn 't sure of value expended compared to return . David Faria , 2820 South Broadway , was sworn in. Mr. Faria stated he is against the Action Plan. Mr . Faria stated that after reading the Plan , it appears to him that Englewood wants all used car dealers to move out of Englewood . Mr. Faria referenced Page 16 of the Action Plan , which he feels classify used car lots as "undesirable ". Mr. Faria stated that he spent $10,000 to make his used car lot as attractive as possible. The used car dealers want to increase their 8 business, which will in turn increase the sales tax revenues to the City. Mr . Faria stated that he is concerned about the landscaping requirements; who will reimburse him for his decreased sales because he cannot park and sell cars where landscaping is required . Mr. Faria advocated enforcement of existing codes and regulations -address issues of loitering , public intoxication, garbage , unkempt lawns and properties, but don't put the burden on the businesses. Take care of the existing problems with tools at hand. Harry Lester, 3247 South Broadway , was sworn in. Mr. Lester testified that he has been in the Englewood area for 18 years at two locations on South Broadway . He was at South Broadway and Lehew for 11 years, and was bought out by K-Mart before moving to the pres- ent address . Mr. Lester stated his business is now right next door to the old Gothic Theater , which is the "biggest eyesore in Englewood". He has asked the City several times why something cannot be done about the Theater . The "people who buy it keep waiting for the city to use our tax money to renovate it for a historical building" . Mr. Lester stated he has never asked the City for anything -and emphasized that he can 't even get response from the City on car thefts . Mr. Lester stated that he isn 't actually "opposed" to the Plan, and might even be supportive of the Plan, but whoever wrote the Plan needs to seek help from the businessmen on South Broadway . Mr. Lester commented on the number of low-income residents, and the fact that some of the homes should surely be condemned. Mr. Lester stated that he purchased his present business site in 1992, and in that length of time, not one thing has been done to im- prove the Gothic Theater . Mr . Lester offered his assistance to staff working on the Plan to make it work; he is "greatly interested" in this . Mr. Lester asked how many people in atten- dance at this meeting ride the bus to and from work every day -the majority of people drive cars . Mr. Lester emphasized the need for a distinction between pawnbrokers and auto pawn. Mr. Lester stated that he does have an auto-pawn business , and deals in cars only , and has customers from the entire metro area. Beautification of the corridor is fine, and will make it more attractive for people driving "through", but there is need for something to attract cus- tomers to the area. Mr. Mason asked for clarification on Mr. Lester's statement of poor police response; is it theft , vandalism, key scratches , etc . Mr. Lester cited an instance when someone cut the fence of the auto-pawn lot, and took a specific vehicle. Mr. Lester stated that he informed the EPD of the incident, his suspicions on who took the vehicle , and got no response . The vehicle was found in Aurora. He contrasted this to a response given when a dealer such as Burt-on- Broadway files a complaint. Mr. Redpath asked if any attempts have been made to organize all the used car dealers to lobby for what they feel will promote their businesses. Mr. Lester stated that a number of years ago the car dealers did get together regarding the imposition of landscaping requirements ; they were successful in their endeavor . Mr . Lester commented on the need for better notification of Public Hearings ; he stated that he doesn 't read the Englewood Herald. 9 Mr. Weber inquired about the fencing surrounding Mr. Lester's property . Mr. Lester stated that the fence has been in place since the property was owned by Kerns Jeep . Mr. Lester stated the fence could be removed if the City comes up with a better idea to keep cars from e being stolen from his lot. Mr. Weber inquired whether Mr. Faria has also experienced vandalism . He asked Mr . Lester about landscaping. Mr. Lester stated that he has placed flower boxes , small trees and wanted to place small benches along the front of his property. However , every morning the land- scaping is full of empty pop cans, beer cans, cigarette butts, etc . Mr. Douglas asked if the vehicle Mr. Lester had referenced was a pawned vehicle . Mr. Lester stated that particular vehicle was a pawn vehicle; he has had vandalism right on the Broadway frontage, when vehicles have been jacked up, and wheels removed . Ms . Tobin urged Mr. Lester to speak to City Council regarding the police response. Lee Nelson, 3761 South Galapago, was sworn in. Mr. Nelson testified he and his family moved here from Missouri three years ago . Mr. Nelson stated he has seen the redevelopment occurring in Denver , and feels Englewood will also experience redevelopment. However, he does not spend a lot of his money in Englewood right now because of the problems that have been mentioned this evening. Mr. Nelson stated that he does not think Englewood has to re- sign itself to "this is the best we have "; he stated he would like to spend more of his money in Englewood, would like to see redevelopment, wants to see more green area in the downtown area, and wants to see a better sense of "cleanliness" in Englewood . Mr. Nelson stated that he does not frequent the pawn shops, but he has done business at Mr. Gold's establishment. Ronn Mayer, 5910 South University Boulevard , was sworn in. Mr. Mayer asked if members of the Commission had been in any of the pawn shops . He categorized the majority of these shops as "yuppi" pawn shops. Mr. Mayer estimated that 753 of the clientele of pawn shops cannot borrow needed funds from a Bank , but they can pawn something for a short period of time to get the needed cash. Mr . Mayer stated that pawnbrokers do perform a vital role in a community. Mr . Mayer discussed police surveillance and monitoring of pawn operations to determine if any items pawned are stolen. Mr. Mayer stated that some people use pawnbro- kers as a storage operation, citing hunters who may pawn rifles for a year, and redeem the ri- fles at hunting season; or persons going on vacation may bring in jewelry knowing the jewelry will be safe and also getting additional cash to finance the vacation . Mr. Mayer stated that the rates assessed on pawned items are cheaper than the interest charged by banks, assuming a loan would be granted. Mr . Weber asked if Mr . Mayer is a pawn shop owner. Mr . Mayer stated he is not now , but used to be. Mr. Mayer stated that he is now an investor in pawn shops . Mr. Mayer com- mented that he drives through Englewood every day. Vicki Latimer, 2815 South Broadway, was sworn in and testified she owns Pawn Bank. Ms. Latimer invited members of the Commission to visit her pawn shop , noting that her clientele 10 are not "undesirables". Ms. Latimer emphasized that pawnshops do serve a need in the com- munity. Ms . Latimer agreed that something must be done to beautify Broadway , but noted that existing problems cannot be resolved by forcing businesses to relocate. Mr. Weber asked if Ms . Latimer owned her site . Ms . Latimer stated that she leases the site. Mr . Mason asked Ms. Latimer what her opinion would be if distance restrictions were to be imposed on pawn shops -distance from each other , and distance from a residential district . Mr . Simpson reiterated that the issue before the Commission is that of the "Action Plan " -not the implementation proposals regarding pawnbrokers or temporary employment halls . Ms . Latimer stated that competition is good , and problems will not be resolved by separation and distance of like businesses . If businesses are doing well , regardless of location , there is a need for that business. Ms. Latimer stated she would be opposed to a distance proposal . Bernice Howe, Sports Bowl , was sworn in , and testified that she and her husband have been in business at this location since 1955. Ms. Howe stated that they have the nicest customers in the world , and their customers come from all over the area . There are no drugs allowed in the establishment, and it is almost a smoke-free environment ; the y experience very little vandal- ism , and the Englewood Police Department responds readily whenever there is a problem . Ms. Howe stated that she likes the idea of a "Plan ", but doesn 't think we should try to solve problems by eliminating undesirable people and businesses . Ms. Howe commented that this has been tr ied in other countries and societies with "disastrous results ". Ms. Howe testified to her perspective of the Trolley Square rede velopment, and stated that "Barbara Holthaus was run out of town ". Ms. Howe stated that business people feel threatened, and wonder "who 's next". Ms . Howe commented that it takes more than putting up wrought iron fencing and planting trees to attract and keep good businesses . Tony Drees , 2801 South Broadway , was sworn in, and stated that he is favor of anything that can be done to beautify South Broadway and draw shoppers into Englewood . Mr. Drees stated that he does oppose the displacement of existing businesses . Mr . Drees stated that his place of business is next door to a pawn shop , and discussed the common perception of pawn opera- tions. Mr . Drees stated that "you can get great stuff" in a pawn shop. He commented that a lot of the businesses complement each other along Broadway . Mr. Drees emphasized that peo- ple who patronize the day labor halls "are poor , but they are working and not living off your tax dollar ". Mr. Drees reiterated his support of beautification efforts , but not displacement of businesses . Chris Nelson , 3761 South Galapago , was sworn in and testified she is in favor of the South Broadway Action Plan. She stated that she and her family live three blocks from a temporary labor hall , and has witnessed first-hand the negative impacts these businesses foster -inebria- tion , drinking openly along Hampden Avenue , to name just a few . Ms. Nelson pointed out that the owners of the pawn shops and day labor halls do not reside in Englewood , and do not have to endure the behavior imposed by their clients. Ms. Nelson stated that as a resident , she 11 has a vested interested in how businesses conduct themselves, and stressed the need to elevate the standards of the community -don't lower existing standards but work to bring the busi- nesses up to higher standards. Ms . Tobin asked of the location of the temporary labor hall Ms. Nelson referenced. Ms. Nel- son stated that it is located at West Jefferson Avenue and South Galapago Street. Ms. Nelson reiterated that nothing should be done to encourage behavior demonstrated by the day labor clientele. Ms . Tobin asked Ms. Nelson where she felt day labor halls might be appropriately located. Ms. Nelson stated that she didn 't know , but would suggested in close proximity to the location of the jobs, most of which are probably construction/industrial in character. Ms. Nel- son pointed out that this particular day labor hall at Jefferson and Kenyon is in reasonably close proximity to an elementary school, which is a concern to her. Ms. Nelson stated that harassment by the day labor clientele is a big problem. Don Seymour, 4750 South Lipan Street , was sworn in. Mr. Seymour testified he has been an Englewood resident for 62.5 years . Mr. Seymour stated he supports going forward with plans for beautification, but cannot support stepping on toes of businesses that are here legally. Mr . Seymour stated he attends the Mayflower Church, and frequently enjoys walking home after church services; he is cognizant of improvements and declines in the City . Mr. Seymour stated that while the "NIMBY" attitude is quite easily understood some of the more undesir- able aspects of community life must be in somebody's back yard. Mr. Seymour supports go- ing forward with the Plan -a lot of thought and work has gone into it, but again stressed his opposition to "stepping on toes". Mr. Seymour stated that he is in his 23rd year of service on the Board of Adjustment and Appeals, and is a retired volunteer Fireman. Carlene Walker was sworn in, and testified that she owns several pieces of property in Engle- wood, and runs temporary employment centers. She asked how the City plans to deal with business owners who have mortgaged homes to begin businesses the City wants to displace. Does the City feel any responsibility for causing business owners expenses to purchase trees to beautify their property . Ms. Walker stated that the City has said property owners will not be reimbursed for expenditures on beautification efforts. Ms. Walker asked about long term leases and tenant finish expenditures if businesses have to relocate -what about finding new tenants for properties that a business person does not want to sell. Will the City pay compen- sation for the move and business loss during the period of time required to relocate and set up . If the City has "targeted" a particular business , how can the property owner sell that business . Ms. Walker asked that the Commission remember how much sales tax these businesses bring in, and reminded Commission of the decline of Cinderella City . Ms . Walker stated that she hires "poor people". Ms . Walker estimated she has at least 100 jobs every day that she cannot fill. She stated that she does not send workers out who are drunk, or who do not have proper identification. Ms. Walker acknowledged there are bars in the neighborhood of her establish- ments, and that "some people drink and some don't". She "can't regulate everyone's life". Ms. Walker stated that she owns her property . She estimated that 70% of her clientele come from Englewood -from both the single-family residential areas as well as apartments. She testified that the main office is located at 665 Kalamath Street, but they opened offices in Englewood when demographics indicated that 503 + of their clientele were coming from out- 12 lying areas. The Bates/Broadway location is centered in this service area , which covers Englewood, Littleton, and south Denver. Ms. Walker made note that she provides temporary employees to approximately 3A of the "top employers" in Englewood . Mr . Simpson again reminded the Commission that testimony should be focused on the South Broadway Action Plan -not on the issues of pawn shops and temporary employment centers. Mr. Faria addressed the Commission again, noting that he has experienced vehicles stolen from his lot. Remi Fields, 5322 South Broadway , was sworn in. Mr. Fields stated that he "wants everyone in the audience to know [he] was shut down and is having to move out of Englewood; it hap- pened to [him] and will happen to you ." Mr. Fields estimated he has lost over $50 ,000 be- cause his business (Emporium of Mystic Ink -a tattoo parlor) was not allowed to relocate. He stated that he had done business in Englewood for 14 years but is now "out of here" . Mr. Fields stated that he doesn 't understand what the City wants to accomplish , and stated that the Commission members "have no more integrity and backbone than most people representing what is going on in Englewood." Kevin Foreman was sworn in , and testified that his father owns a pawn shop; demographics of their customer base indicates they are from Englewood. He asked why there are such negative aspects of pawn operations -people are only trying to raise money to pay their rent. Mr. Mason asked Mr. Foreman 's opinion on the South Broadway Action Plan, aside from his opinion of prejudice against pawn shops. Mr. Foreman stated that he is in favor of beautifica- tion, but the City won 't get anything if all we have is pretty trees. Mr. Mason asked if anyone else wished to address the Commission at this time. No one so indicated. Mr. Mason stated that the Hearing will be continued to the next regular meeting of February 4, 1997 , at which time additional information may be submitted to the Commission. Mr. Mason stated that he presumed the Commission would be asked to render a determination at that meeting. Mr . Mayer asked how the Commission could make a decision on the Plan when they would not have yet held the Hearings for the regulations on pawn shops and temporary employment cen- ters. Mr. Mason suggested he may have been in error assuming a vote on February 4m _ Mr. Garrett stated that the Hearing on the regulations for pawn shops and temporary employ- ment centers are part of the "implementation " process for the South Broadway Action Plan , and as such need not be heard prior to a vote on the Plan. The Hearing for those cases has been continued to February 19th. Douglas moved : Tobin seconded: The Public Hearing on Case #CP-97-01 be continued to February 4 , 1997. 13 AYES : NAYS: Garrett , Redpath , Tobin, Weber , Welker , Douglas , Dummer , Mason None ABSTAIN: None ABSENT: Homer The motion carried. VIII. PUBLIC FORUM. Mr . Hanifen again addressed the Commission, stressing the need to improve Code Enforce- ment efforts . Mr. Hanifen stated that his concerns are on all facets of the community envi- ronment -abandoned vehicles , derelict vehicles , weeds, trash , derelict buildings -all need concentrated attention. Mr . Hanifen stated he assumes there are ordinances and laws pertain- ing to all the issues he cited , and that time and energy should be focused on these issues -not so much whether a business is "desirable " or not . IX. DIRECTOR'S CHOICE. Mr . Simpson reminded Commission members of the study session scheduled for Saturday, January 25 beginning at 9 A .M . at the Englewood Recreation Center. X. COMMISSIONER'S CHOICE. Mr. Douglas asked what was going on at The Marks . Mr. Stitt stated that The Marks was re- placing a "temporary " club house (a former show model for the Waterford) with a structure designed for club house purposes. Staff reviewed the plans and determined that this did not require Commission approval as a Planned Development amendment. Mr . Mason inquired about progress, or the noticeable lack thereof, on the Chicken Ranch Es- tates in eliminating the nonconforming rental structures . Mr. Simpson stated he did not have an answer on this , but would get one and report back to the Commission. Mr . Redpath asked about the activity at the B & B Conoco at Floyd and Broadway. Mr. Stitt stated that this business is expanding. There being no further business to come before the Commission , the meeting was declared adjourned. - Gertrude G. Welty, Recording Secreta ldcptl nbd \group\boardsl plancomml minutcs 97\pcm Ol-97b.doc 14