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RTD light-rail officials are told where they can get off

Property owner lets fly at meeting on RTD seizures

By Kevin Flynn, Rocky Mountain News (Contact)

Published December 5, 2007 at 12:30 a.m.
Updated December 5, 2007 at 11:51 a.m.

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An RTD session with property owners being bought out for the FasTracks West Corridor dissolved into vitriol Tuesday evening when one owner pounded on the table and said he would die before leaving his longtime home and business.

Galen Foster, owner of Pro Tint at Wadsworth Boulevard and 14th Avenue in Lakewood, was the first of three owners the Regional Transportation District board agreed to hear during a committee meeting on how the agency is using eminent domain to acquire properties for the light-rail project.

He was also the last.

Foster's property is the selected site of a half-block 1,000-car parking garage to serve the Wads worth Station. But Lakewood and RTD have discussed other plans that would add retail, residential and commercial structures on the block.

One city rendering of the concept shows a five-story office building on Foster's parcel rather than a transit garage. RTD is limited by law in what commercial facilities can be on its property. They can only serve transit riders and not the general customer base.

After asking unsuccessfully that security guards leave the room, Foster faced Cal Marsella, RTD general manager. "Can you promise everyone in this room right now that our corner will not be high-density housing with retail below?" he asked.

"Yes," Marsella replied, but quickly added that the agency will seek proposals from developers to build the garage, and the result could be more parking, some retail and commercial space, as well as residential, if the legislature next session amends the law to allow it.

"It's possible that could happen," Marsella said.

That was all Foster needed to hear. Raising his voice and at one point pounding the table as he stood, his wife, Kim Snyder, seated behind him, Foster said he will never leave his property.

"I'm willing to fight for it and I'm willing to die for it," he said. "We will become all of your worst nightmares."

With voices rising and Foster tossing in a few profanities, board member Juanita Chacon gaveled him out of order and immediately called for a scheduled executive session to discuss the eminent domain cases.

"You're all out of (expletive) order," Foster said.

That left two property owners without getting their say.

One, Steve Fesch, spoke with Marsella later, and they agreed to discuss alternatives to taking Fesch's entire property near Invesco Field.

The other, Dave Crespin, owns a Jeep parts business at 11th Avenue and Benton Street. The only current access to his property is by crossing the future tracks, and RTD served notice he won't be permitted to cross as of Jan. 25.

Crespin said later he's been unable to find another location or arrangement. He said RTD told him previously that it would assist him when the time came - but now won't help, even though future plans show RTD may need to buy some of his property for a bike path alongside the tracks.

Comments

  • December 5, 2007

    2:52 a.m.

    Suggest removal

    clyde writes:

    It was the arrogance and tyranny of the King that resulted in a little tea party in Boston Bay. People can only be pushed so far before they start pushing back. It's a lesson that may need a bit of re-learning.

  • December 5, 2007

    6:49 a.m.

    Suggest removal

    Theoldguy writes:

    Arrogance? Yes! RTD= Reason To Drive. They think they have the consent of the people when in reality the voters have to keep these SOB's on a tight leash. I'm glad to read that active participation in government is alive and well in Lakewood. Go get 'em Galen, my heart goes with you.

  • December 5, 2007

    8:09 a.m.

    Suggest removal

    smith writes:

    Put 'em in check, Galen! You are not alone in your convictions.

    If you ever decide to tear down your business, and build a mixed use retail project there, I'll be your first customer. Until that day, best of luck with Pro Tint.

  • December 5, 2007

    10:17 a.m.

    Suggest removal

    RainyDay writes:

    Wow. I'll just find parking downtown from now on rather than using RTD. They "Hoover".

  • December 5, 2007

    11:11 a.m.

    Suggest removal

    Dhakala writes:

    What's surprising is that only three affected property owners showed up. That suggests RTD is doing a pretty good job.

  • December 5, 2007

    6:23 p.m.

    Suggest removal

    derek writes:

    What's surprising is that only three affected property owners showed up. That suggests RTD is doing a pretty good job.

    (Good Job?) THAT'S FUNNY! either your a RTD council person or just slow in a mental capacity, take off you pajamas and get out the house sometime.

  • December 5, 2007

    6:33 p.m.

    Suggest removal

    derek writes:

    http://www.eminentdomainsucks.com/

  • December 6, 2007

    7:13 a.m.

    Suggest removal

    SteveFesch writes:

    Only 16 people have been given letters like I have. There are over 170 more to come. There will be plenty of angry property owners in Denver if they are blind sided like myself and Galen Foster were.

    This could effect thousands of people if you factor in the remaining light rail lines. Sure this is my fight now. Next time it may be your property.

  • December 6, 2007

    2:41 p.m.

    Suggest removal

    warrengfunk7 writes:

    Stop being selfish... This project has far greater implications for society, than just a single person and their business which can be relocated. They need to be fighting for greater financial compensation and stop wasting their time trying to stop it from happening at all. This project is important for everyone's children and children's children that will be future citizens of the Denver area. This is not about you and your business. People are so selfish!

  • December 6, 2007

    5:43 p.m.

    Suggest removal

    SteveFesch writes:

    Selfish? I'm trying to save you money Warren. They only need small strip of my land to widen the road. See my website. www.eminentdomainsucks.com

    I only own 12,000 sq feet. Why should RTD aquire it all at market value when they only need about 40sq feet according to their engineer?

    There is some drainage work they say they need to get done. So be it. They could knock my building down and I could rebuild it on that same corner.

    It just so happens Denver owns 5 acres across the street from me also. They could participate in the road widening project as that land is already owned by the tax payers. That would save even more money.

    I'm not in the path of light rail. I love light rail! Heck I can't wait to use it and get to the games. I just want the right to own what property is left or do a land swap with Denver and get out of the way.

    I have Dozens and Dozens of ideas to save the tax payers $.

    I do not want to stop progress. The way RTD has approached land owners could have been different. The good news is I think they've learned something from the first round of letters they sent out. They've only sent out 16. There are many more to follow.

    I'm working with them and for the first time I think they are ready to work with me. This isn't a win lose deal. It can be a win/win deal.

    Steve Fesch

  • December 6, 2007

    8:04 p.m.

    Suggest removal

    derek writes:

    Get informed warren.

  • December 7, 2007

    3:42 p.m.

    Suggest removal

    SR writes:

    Steve has a good point. I think the solution can be found. But both sides need to listen and work on an acceptable solution.

  • December 8, 2007

    5:43 a.m.

    Suggest removal

    warrengfunk7 writes:

    I agree with you SteveFesch, I was mainly talking about some other individuals which I won't name. Negotiate with them. I was criticizing the ones that simply are saying they will die, before they let RTD have their land. They should be negotiating, not making demands. They have no power or authority, to be making such demands. They are not entitled to more freedoms than you or I. That's what I think is selfish.

    Derek,
    I've read everything there is to read on the subject. What else do you recommend?

  • December 8, 2007

    9:57 a.m.

    Suggest removal

    SteveFesch writes:

    Warren let me ask you this. Do you think that RTD should have the right to take someone's land and use it for purposes other than what Fast Tracks is supposed to do? Fast Tracks was approved by the voters to build a light rail system. Do you recall Fast Tracks having anything to do with building retail shops? Commercial space?

    Do feel RTD should be able to hand my land over to RTD to do? Read the article. RTD does not hide the fact that they reserve the right to do so on Mr. Fosters property. That is why he is upset. He had plans to develop his own land. Why should private developers profit on his land or maybe mine? Maybe yours will be next!

    I have a ton of info to share with you Warren as I have been in contact with State legislators. I will be updating my blog periodically.

    You are more than welcome to come by my tailgate/protest this Sunday at my property. It's south of Invesco field and just south of Brookyn's bar. Look for the big orange bus.

    This offer extends to any Broncos fan or citizen of of Colorado concerned about their property rights in Colorado.

    Steve Fesch

    Again for the record. I do not want to slow the progress down of RTD/light rail. I simply want to sit down with them and understand why they are taking my land, I want to know their true intentions for my parcel, and I'd like to explain the MANY alternatives I have that WOULD SAVE THE TAX payers of Denver $. I'd also like to know why I can't keep the remainder of my land. I can make it work even though they say they don't think the remainder will be "economically viable".

    The city of Denver has told me they are willing to work with me on the remainder but RTD so far has refused to budge.

    It's saturday and nobody from RTD has contacted me since Dec 5th when they told me we would sit down. What are they waiting for?

    I'm ready. RTD?

  • December 9, 2007

    12:31 a.m.

    Suggest removal

    freethinker07 writes:

    Warren

    Foster build a presumably successful business. A successful business is really a partnership between business owners, customers, and suppliers; all of whom benefit from the business. Our society is founded upon thousands of these partnerships; almost all of which create some kind of public good. There are bad apples, just like there are anywhere. But by and large the system works for everyone's benefit.

    If we told our state employees that they could no longer count on having pensions or jobs because political appointees could terminate them at will, our government would not work well.

    If businesses are subject to random eminent domain for reasons which the RTD will not promise are true, they cannot afford to invest. Eminent domain does not reimburse the fair market value of a business. Nor does it deal with the loss of business because of a change of location.

    Warren, assuming that the light rail is a good idea (I have questions which the RTD has refused to answer for years.) Why do we have have to destroy Foster's business and screw up his life to do it?

  • January 25, 2008

    11:32 p.m.

    Suggest removal

    prk166 writes:

    What makes this all the worse is that nothing will be done to address congestion with this project. By RTD's own admission 1/2 to 3/4th of the light rail riders are already taking the bus. Billions spent to get a few thousands cars off the road. Lovely.