http://www.denverpost.com/susanbarnes-gelt/ci_5447344

Public/Private Partnership is much heralded in some circles. Critics believe that the public (tax payers) pay and the private sector (developers) profit. We believe that only the government can protect its citizenry from those who would manipulate the system to their private advantage. In Denver, Colorado city government purports to delegate to neighborhood groups the responsibility for notice and input. The question: Is it delegation or abdication?
We will study the Louisiana/Pearl Station Draft Plan to answer that question. Click to read the complete letter.
Old South Pearl Street Association represents business members in a neighborhood which is well over 100 years old. The vast majority of the businesses are small. It is a neighborhood which evolved as mixed use rather than being built from the ground up. The City developed a draft Plan for the newly opened Louisiana Pearl Station. In a letter dated March 23, 2007 and read at a public meeting on March 28, 2007 the organization made its position clear as follows:

RE: Louisiana– Pearl Station Area Plan

Ladies and Gentlemen:

The Board of the Old South Pearl Street Association (OSPSA), after unanimous vote of the membership present at its general meeting, demands that all references to the Old South Pearl Street Association be removed in their entirety from this draft, and further, that no such references appear in any further Area Plan documents.

OSPSA was given no notice of, nor opportunity for meaningful input to, the preparation of this Plan. OSPSA was furthermore given no opportunity to review the plan and has never consented to any of its contents or to the use of its name in connection therewith.

We respectfully request that you inform Mark Gill, Association President, when these amendments occur.

Sincerely

THE BOARD OF DIRECTORS OF THE

OLD SOUTH PEARL STREET ASSOCIATION

As of April 24, 2007, not only do the references remain on the TOD site, but if you read the TOD website you would think that there was no problem. Are forces at work to cover-up the real reaction to this draft until it is too late? Fortunately, OSPSA is not alone among organizations and individuals who have expressed their opinions.

We will explore all aspects of notice, outreach, representation, and participation as it relates to impacted citizens. We will post references to planning board meetings and records, and countless other sources which are public information.

Sherry Seiber
Member of Old South Pearl Street Association
Owner of 1515 South Pearl (circa 1892) since 1980
Attendee of public meeting on March 28

Parking on the Pearl.
The neighborhood: Old South Pearl Street in Denver, Colorado. -Established as mixed used in the nineteenth century, it is the home of Pearl Street Publishing and law offices since 1980.
-At stake: On the surface, it appears to be an issue of parking. In reality, it is survival of the many small businesses who do not have the resources to weather still another blizzard of '07 and should not have to.
-Specifically, a valet parking company has taken over the neighborhood. The violations range from using public spaces in front of businesses which are for customer parking to park the valet parkers cars to valet parking cars in businesses parking lots without permission or knowledge.
-For many years the leaders of the Old South Pearl Street Association have done their best to see that valet parkers follow the rules. An accord would be arranged between the parties and within 24 hours a new valet parking manager would be assigned and off we go...calling the police for individual enforcement which is totally unsatisfactory.
Case study: Recently, I was asked by neighbors about my thoughts on the parking situation.
Facts: 1.Denver had a blizzard in mid-December and successive snow storms thereafter which has caused considerable loss of business during the peak shopping season.
2. We had to erect a fence to stop illegal valet parking.
3. Valet parking parkers were using public parking for their private parking and became abusive when asked to have consideration for the small businesses who were trying to survive.
As a result of these conversations, we researched the municipal code to learn the law of valet parking. In fact, it is succinct and based on common sense. Sec. 55-424. Valet parking plan; modification of valet parking plan.
The question posed was to excise and licensing : What is the valet parking plan for the Pearl?

The answer will astound you.

Special Report, from the publisher, Sherry Seiber March 4, 2007:

Eminent Domain: Esoteric Constitutional Law or private property right which is fundamental to our democracy? How does Kelo v New London Connecticut impact the fifth amendment right that states private property shall not "...be taken for public use, without just compensation."

October 2: US Supreme Court begins 2006 term. The influence of new justices, particularly Chief Justice Roberts, should have more weight. The business community has high hopes for this court as Roberts comes from the law firm of Hogan and Hartson where he represented big businesses before the Supreme Court.

2006 Trialbriefs Archive

US Supreme Court website click:

This site is courtesy of Pearl Street Publishing.