by Mark Smiley | Mar 24, 2017 | Main Articles
City’s Refusal To Plan For Traffic And Parking Causing Crisis
Bed Bath & Beyond Leaving. Elway’s Next?
by Megan Carthel
Creek Cherry was named in the 19th century for chokecherry bushes that once lined its banks. While attractive flowers bloom from the bush, if you eat the leaves or seeds you would choke and go into convulsions.
Denver’s adamant refusal to consider traffic and parking concerns in approving new developments in the area is slowly choking and destroying the retail businesses at the Cherry Creek Shopping Center and in Cherry Creek North according to experts.
When District Court Judge Shelly I. Gilman was told in a lawsuit on a zoning dispute for a new development that the City does not and will not consider traffic and parking concerns in approving new developments, she was incredulous. “That can’t be true,” she exclaimed. When the City sheepishly confirmed that it was, in fact true, Judge Gilman was still incredulous, stating that if you didn’t consider traffic and parking impacts, what did the Denver Community Planning and Planning Department and the City Council plan for?
City Reduced Parking For New Developments
Denver significantly reduced parking requirements for apartments and condominiums to a fraction of those required in other cities.
Former City Councilman Ed Thomas explained, “If they actually did consider traffic and parking impacts some projects would h
ave to be modified or even not approved and real estate developers simply don’t like that.”
In January 2017, of this year, the Shopping Center was forced to introduce paid parking which The Denver Post stated in its headline as “a total disaster.” Channels 4 and 7 ran similar stories saying that shop owners reported that it was “killing business.”
Major Cherry Creek Shopping Center retailer Bed Bath & Beyond announced it was moving to Glendale this fall. There are unconfirmed rumors that Elway’s restaurant, a well-known gathering place in the center, was going to close and move to the old Cool River Café location at 8000 East Belleview in Greenwood Village.
Restaurants At The Mall
Scott Stevens, owner of Which Wich, said the move has severely hurt his business.
“The impact on my business has been horrendous. Food business in a mall is highly dependent on traffic in a mall. We are down 40 percent consistently versus a year ago, week after week after week. Which 
says to me the traffic in the mall is down 40 percent.”
While Stevens’ restaurant is a fast-food joint inside the mall, he said it’s still beneficial for him to have foot traffic the mall is now lacking. Signing his 10-year lease just over a year ago, Stevens said the mall management was not upfront about making the switch to paid parking.
“Had I known they were going to start charging for parking this year, I would’ve thought twice about [having my store in the Cherry Creek Shopping Center].”
Nick Gourian of Fresh Healthy Café told Channel 7 that its business was down nearly 40 percent in March and he wrote a letter to Governor John Hickenlooper and Mayor Michael Hancock to complain about the imposition of paid parking.
Some businesses at the Shopping Center are taking proactive measures. Jennifer Olson, General Manager of Brio Tuscan Grille stated to the Chronicle, “We’ve been telling everyone eat, chat, and we will validate. Come on in and eat and drink for up to three hours and we take care of the parking fees.”
But Why?
In almost none of the articles and stories about paid parking at the Shopping Center is it truly explained why the Shopping Center would adopt a policy that has such disastrous consequences for its tenants.
The answer is simple. The City gave the Cherry Creek Shopping Center no choice in the matter. Not by any kind of direct governmental edict but by approving scores of projects in Cherry Creek North with limited or vastly inadequate parking. The Cherry Creek Chamber at an annual luncheon several years ago disputed the claim that there was inadequate parking in Cherry Creek North, declaring, inter alia, that there were 5,100 free parking places at the Cherry Creek Mall.
The Cherry Creek Shopping Center found itself flooded with cars from new hotels, apartment houses and condominium complexes with minimal parking. Moreover employers at retail and other businesses instructed their employees to also park at the center.
Nick LeMasters, Cherry Creek Shopping Center General Manager, said, “Customers have always parked at the mall and in Cherry Creek North and crossed First Avenue and have cross-shopped and that has never ever been discouraged or has never presented itself as a problem.” LeMasters added, “The challenge has been the fact that we have employees, not just from Cherry Creek North, but employees primarily in the service industries and hospitality and the retail industries who have viewed us, perhaps appropriately, as the free parking option because there’s very little complimentary parking around the neighborhood.”
Cherry Creek North
Councilman Wayne New
Wayne New, District 10 City Councilman, who won his seat in part for his willingness to take on the City and developers on planning issues, called the present situation a “perfect parking storm” not only for the Cherry Creek Shopping Center but also Cherry Creek North.
Gavin Berry, General Manager of Del Frisco’s Grille at 100 St. Paul Street, is feeling the effects. Del Frisco’s is an upscale eatery in Cherry Creek North that has seen a drop in its customer base since the transition to paid parking.
“We’ve definitely seen less traffic than we did this time last year. The sentiment is that fewer folks are coming into Cherry Creek,” Berry said.
Berry noted he’s seen about a 20 percent decrease in traffic. “If less people are coming into Cherry Creek, less people are dining in Cherry Creek and less people are shopping in Cherry Creek,” Berry said.
Aimeé Noel, Pea in a Pod store manager in Cherry Creek North, said it’s too early to tell if there has been an impact on her business but suspects there might be an effect on the area.
“I would definitely think (the 
paid parking system) would have an effect on the overall area,” Noel said. She did say that she has heard complaints from customers.
But Why Again?
Why would the City and County of Denver want to destroy one of its vibrant retail business areas which provides the City an estimated $10 million in sales tax revenues?
A key lobbyist in Denver revealed (not for attribution): “They just don’t care. Restaurants and retail stores do not fund political races. They do not provide future lucrative contracts or jobs for term limited politicians after they get out of office, but real estate developers can. The City also hopes that with all the new Cherry Creek area residents, some of them will not be able to have cars because there will be no place to park them, will shop in Cherry Creek and make up for the fact that no one outside of Cherry Creek will ever come back to Cherry Creek to shop again.
“Moreover if that doesn’t work and retail shopping is destroyed in the Cherry Creek area because traffic and lack of parking it is irrelevant from a financial standpoint. Denver is both a city and its own county so it gets the lion’s share of all property taxes. The money from property taxes for all the new buildings in Cherry Creek more than offsets all the retail sales taxes that will be lost. If the Shopping Center and retail shops in Cherry Creek North cared about surviving they should have bought themselves a mayor and a planning director like the real estate developers did.”
Prior to winning his council seat Wayne New was involved in various lawsuits against the City and its Planning Department for failing to require parking or traffic studies or forecasting models. Led by New, the Cherry Creek North Neighborhood Association* hired its own traffic firm, TDA Colorado, who looked at future traffic and parking needs which showed that thousands of additional parking places would be needed and Third Avenue reconfigured at a minimum to handle significantly increased traffic.
If there is any silver lining, New
notes that some of the newer developments are putting in parking significantly well above what is being required by the City.
But Cherry Creek Shopping Center’s Nick LeMasters is not sanguine, “The development that’s going on around us, there’s no end in sight and there’s multiple projects coming out of the ground as we speak and several more that are imminent that will soon happen, and [paid parking] was a defensive move on [the Shopping Center’s] part.”
Most of the chokecherry bushes have disappeared from Cherry Creek and retail stores may face the same fate in the relatively near future.
* The Chronicle originally reported that the Cherry Creek North BID hired TDA Colorado to conduct a traffic study. It was in fact the Cherry Creek North Neighborhood Association who hired the firm.
by Mark Smiley | Mar 24, 2017 | Feature Story Bottom Left
The 11th Commandment: ‘Thou Shall Turn Off Thy Cell Phone’
by Danny Foster, Esq.
One of the rites of passage for most Jewish teenagers is when they become Bar Mitzvah (boy) or Bat Mitzvah (girl). It’s a formal entry into adulthood in the Jewish community, even if the teenager is only 13-years-old. I guess way back in the old days 13-years-old was already a proper age to get married and start a family, so adulthood made sense. In Colorado, and the rest of the United States, you are not considered adult until age 18; that’s when the stupid actions of youth become adult criminal behavior with life-long repercussions. In some circumstances a teenager under the age of 18 can actually be prosecuted as an adult if the crime is particularly violent. But this isn’t an article about the juvenile criminal justice system, it’s about my daughter’s Bat Mitzvah which occurred in February right here in Denver at Temple Emanuel.
Along with the teenager’s studying, stressing and celebration (can you say Lox, bagels and a great DJ?), the parents also undergo their own rite of passage, which is giving a small talk to their child in front of the congregation. I usually do not relish the spotlight (yeah right!) but I was particularly excited to talk to my daughter and let her know that I was proud of her, that I loved her very much, and as my parental piece of advice I urged her and her friends, siblings and cousins to do us all a favor and power off their iPhones once in a while. Yes, my Bat Mitzvah talk was about re-connecting with the real world and to stop being a robot to the iPhone. No meaningful connections happen on Snapchat, Facebook or Twitter. Face-to-face communication is a lost art form and it is dooming their generation to becoming senseless drones. I challenged Lucy and her friends/siblings/cousins to make a meaningful attempt to pick one day a week where they simply unplug. It is, after all, possible to do that. In my house we have a rule, whoever rides shotgun in the car may not be on their phone at all. It’s a small step, but I honestly fear my children won’t be able to navigate their way around Denver because they haven’t been watching the scenery while we drive. Insanity!
Another more important issue about this generation and technology is the real legal trouble they are getting into, often unwittingly, due to their over active iPhone addiction. Our law firm has represented too many adolescents and teenagers who have faced significant legal problems as a result of things they posted or looked at. Criminal behavior that was unthinkable 10 years ago. Did you know that if a minor sends your child a picture of them naked, then YOUR child can be guilty of possessing child pornography? Even if they didn’t request the pictures. And guess who else could be in trouble? How about the person who owns the phone (yes, YOU parents!).
It’s a brave new world. Due to these issues and many other land mines associated with modern-day adolescence and teenage life our law firm has for several years conducted seminars at high schools to discuss these issues face to face with the students. A few years ago we expanded our seminar program and created “Get Ready for High School Boot Camp” for all students grade 8-11 AND their parents. We try to give some useful advice about drugs/ alcohol, sext-ing, Internet bullying and other crimes, and hopefully enable parents and children to begin the difficult dialogue on very tricky, complicated issues that are incredibly important.
Our law firm invites you to attend on April 25 or April 26 from 6-8 p.m. Or April 27 from 6-8 for high school seniors heading into college. There is no charge, the only requirement is that the child must attend with at least one parent/guardian. The seminar is capped at 100 total people per night, so if interested book ASAP. The link to register is www.FosterGraham.com /bootcamp. (In the event this fills up and you are unable to get into the seminar, make sure to go to FosterGraham.com and sign up for our quarterly newsletter and you will be the first to learn about upcoming seminars and other legal hot topics.)
While I cannot promise Lox and bagels at this seminar we can promise you will walk away with something much more valuable. And while my daughter was embarrassed that I called her technology use out at her Bat Mitzvah, I saw a whole lot of parents nodding their heads in agreement. Many of them came up to me afterwards and thanked me for saying exactly what needed to be said. It’s time that we as parents took back control and had our kids tune into the greatest reality show on the planet…. it’s called LIFE and the wi-fi is always free and there’s no chance of running over on your data plan!
Danny is a managing partner of Foster, Graham, Milstein & Calisher (FGMC). His practice focuses on personal injury. The law firm of FGMC, located in Cherry Creek, is a full service law firm focusing on: criminal defense, personal injury, real estate, litigation, liquor licensing, construction law, tax/estate planning, bankruptcy and zoning. This article does not create an attorney-client relationship and is for informational use only (what do you expect from an attorney!)
by Mark Smiley | Mar 24, 2017 | Travel
The INFLATABULL Rodeo Bull Ride On Float by Intex provides a “bull-riding” experience in the water and is around $50 at select retailers both in-store and online.
(BPT) – Visit any retailer’s pool aisle or website, and you’ll quickly realize a challenge your parents and grandparents never had to face – more pool inflatables to choose from than you could ever imagine. Whether you’re shopping for a larger-than-life float island or something to help keep your non-swimming little one safer in the pool, the sheer range of options can be overwhelming, but exciting!
“Shopping for pool inflatables is supposed to be fun, not overwhelming,” says Marvin Natareno, an inflatables expert with Intex Recreation Corp., the leading manufacturer of novelty pool inflatables. “Yet there are so many choices these days that comparison shopping for the best inflatable for your needs can be a challenge.”
Natareno offers some tips for choosing inflatables that will help keep your summer fun going swimmingly:
Grownup fun and relaxation
When shopping for an adult-sized novelty float, Natareno says, keep comfort, quality and originality in mind. Today’s floats can provide a unique, unexpected water experience. For example, Intex is the only manufacturer offering a rodeo bull-themed float. The INFLATABULL Rodeo Bull Ride On Float provides a “bull-riding” experience in the water and is around $50 at select retailers both in-store and online.
Quality counts
When investing in a large novelty float, quality certainly counts. The last thing you want is for it to fizzle flat during summer fun.
“If you’re investing in a large novelty float, you want to know it will last for many summers, not just one,” Natareno says. “Floats with quality PVC construction, well-sealed seams and colors that retain their vibrancy are ones to consider, especially for a more active group.”
Intex offers high-quality floats with everyone’s favorite themes, including the Mega Toucan and Mega Pegasus Island Floats, the Watermelon Island and Popsicle Float. All are available in-store or online through select retailers that can easily be found via a quick online search.
Cost doesn’t always equal quality
When shopping for a reasonably priced, quality inflatable, Natareno recommends looking at the construction and materials, and suggests looking for a brand name that you recognize and that has a long business history.
“Large-scale inflatables are very trendy right now thanks to social media and celebrity commentary,” Natareno says. “You don’t have to pay a premium price to get a quality inflatable that will provide hours of fun season after season.”
Inflatables for kids
Beach balls and classic rings might have been the first inflatable toys for kids, but today there are many more options, from inflatable arm bands meant to help stabilize little ones in the water to whale and plane-shaped ride ons. Manufacturers like Intex make a wide variety of inflatable toys for kids and offer some of the bestselling and most popular tubes and lounges that can be used from pools to rivers and lakes, like the River Rat and River Run tubes.
“Take a quick poll of your kids and see which style of float would be of interest for this pool season. Consider adding new ones each month as the season evolves for more creative fun,” adds Natareno.
Long live your inflatables
Inspect inflatables every time you use them, looking for any tears or sign of wear that can be repaired before they jeopardize the structural integrity of the toy or float. Although chlorinated pool water does a good job of keeping inflatables clean, using them at the beach or lake could mean some dirt. If inflatables become dirty, clean them with a soft brush and liquid soap and water.
Safety First
Large-scale inflatables like the Intex Mega Toucan Island are very trendy right now thanks to social media and celebrity commentary.
Most importantly, follow strict safety practices around pools. When it comes to floats, practicing good safety habits, setting and following rules, carefully reading instruction manuals and vigilant supervision can greatly reduce the likelihood of injury as well as reduce injury severity. Take time to review all safety information to assist in keeping you and your family safe this summer: www.intexcorp.com/safety-information-pools.
