by Mark Smiley | Nov 2, 2015 | Main Articles
Acquires Key Office Building For 180 Project
City Still In Tussle With Hotel REIT
by Charles C. Bonniwell
The City of Glendale has won key legal victories over MAK Investment Group LLC the investment vehicle of the wealthy Kholghy family from Iran that owns Authentic Persian and Oriental Rugs on Colorado Boulevard and 6.5 acres along the Cherry Creek corridor. City attorney Jeffrey Springer of the law firm Springer & Steinberg, P.C. has been leading the city’s litigation efforts in this matter. The Kholghys have been attempting to prevent Glendale from creating a $150 million eating and entertainment district along Cherry Creek titled Glendale 180, formerly known as the Glendale Riverwalk.
The Litigious Kholghys
The Kholghys filed two Rule 106 actions in Arapahoe County District Court asserting that they and not prominent Houston developer Wulf & Co. should have been chosen as the developer for the project. Considering that the rug merchants have no prior experience in real estate development, some legal experts indicated they found the pleadings somewhat of an embarrassment. District Court Judge Charles M. Pratt, in his order dismissing the lawsuit, stated that the Kholghys’ actions were nothing more than a complaint that the city awarded the contract to another bidder and they did not have a property interest in the award.
Judge Platt then dismissed a second complaint filed by the litigious Kholghys that said the hearing by the city authorizes the potential use of eminent domain by its urban renewal authority was deficient. The court held that the city fulfilled all statutory obligations.
The only remaining litigation between the Kholghys and the city is raised in claims in another Amended Complaint in which the Kholghys asserted that the city did not follow a different statute C.R.S. Sec. 31-25-105.5 (2) dealing with the transfer of private property acquired by eminent domain. The court indicated that if the allegations in this Amended Complaint were all found to be valid it might be a legally sufficient complaint, but adding that it was “not making findings of conclusions of law, but allowing the further development of the record and legal argument.” Legal experts indicate that since the Kholghys’ land was not in fact acquired by eminent domain it would be difficult to see how they could prevail on their claims under the applicable statute, but that will await another day in court.
Kholghy Candidates
In the meantime rumors have surfaced that the Kholghys have been trying to recruit an existing Glendale City Council member to run against Mayor Mike Dunafon in this spring’s municipal election, but have been r
epeatedly turned down by everyone that has been asked.
“Why would anyone want to be considered the Kholghys’ pawn for mayor or any other position in the city,” asked former Glendale Councilman R. Wayne King. “The Kholghys have disgraced themselves bringing hate groups like the paramilitary Promise Keepers and the Virginia-based Institute for Justice to threaten and intimidate Hispanic and African American families and kids. The Kholghys, to the best of my knowledge, have never given a single cent to a single charity or needy family in Glendale in the almost 25 years they have done business in the city. To be their pawn would be viewed by most of the citizens of Glendale that I talk to as the lowest of low. Good luck trying to be elected in this town being a Kholghy candidate this spring. Most people I know would throw you out of their apartment or home if you came knocking. We are a very diverse town and no one wants bigots elected to city council.”
Key Acquisition
In more good news for the prospects of Glendale 180 becoming a reality, the City of Glendale acquired a key parcel of land along Virginia Avenue on October 12, 2015. The parcel located at 4490 East Virginia is the home of Gamma Construction, a Houston, Texas-based general contractor who built a two-story office building in 1998 on the site for its Denver metropolitan operations.
Gamma Construction
Gamma bought the one square acre site under the name William Square Properties Inc. in 1997 for $310,000 and constructed the two-story office building the following year. The parcel once housed the highly popular Colorado Mine Company restaurant which operated in Glendale’s go-go days of the 1970s and
1980s. The restaurant was rock legend Elvis Presley’s favorite bar and restaurant when he visited the Denver area, and was a regular hangout for Denver Broncos and other Denver professional sports players.
The city paid $2.6
million for the land and building and has agreed to allow Gamma Construction to occupy the site past closing as it builds another building in the Denver area for its operations. The city borrowed the money from Wells Fargo Bank but pledged $2.6 million in reserves thereby avoiding the expense of a Tabor election on the matter.
“It is a key acquisition for the city,” stated Glendale Mayor Mike Dunafon, “and places us one step closer to our dream of an entertainment district along Cherry Creek from Colorado Boulevard to South Cherry.”
The owner and president of Gamma Construction, Keith Williams, flew in from Houston for the closing at Land Title Guarantee Company. Gamma is a quarter of a billion dollar annual revenue company that acts as a general contractor across the West and Midwest.
Williams was highly complimentary about Glendale and its personnel. “Mayor Mike Dunafon and city officials were always true to their word. They are the type of people we as a company like to work with. We have been in Glendale for 22 years and hate to leave, but I, and my company, want to wish the city and its residents all the best. I hope that the city is able to make the Glendale 180 Project a reality after all the great work they have done to make it possible.”
REIT Files Suit —–
Election Canceled
In a related matter Glendale and Summit Hospitality LLC, the owner of Staybridge Suites Hotel located at 4220 East Virginia Avenue, are at loggerheads concerning the city’s acquisition of that 3.7 acre site. Summit is a multibillion dollar real estate investment trust that is traded on the New York Stock Exchange. The city presented the owners of the site, Summit Hospitality, an independent appraisal showing the value of the land and building to be $15.8 million and suggested that, if they wanted, Summit should get its own appraisal. Summit indicated in a recent filing with the Securities and Exchange Commission they had differed several million dollars in needed improvements as they expected the property would become part of the Glendale 180 project.
But in lieu of getting an appraisal Summit hired aggressive litigator Tim Flanagan who quickly filed suit against the city claiming its Downtown Development Authority (“DDA”) election was invalid. The litigation made front page headlines in The Denver Post on October 6 under the heading “Glendale, hotel square off.” The vote was 10 to 3 as there were only 16 eligible electors including Summit, its liquor license holder. Three ballots were sent to registered voters staying at the hotel although none voted.
The City of Glendale and its urban renewal authority voted along with five individuals who acquired very small parcels as part of setting up the metro district three years ago. Flanagan asserted that the individual voters were a violation of the TABOR portion of the state constitution, asserting those voters were a “subterfuge of property ownership.”
However, The Denver Post quoted Ann Terry, executive director of the Special District Association, who noted that creating small landowners is a common mechanism in Colorado for metro districts to meet the ownership requirements of the state law.
Glendale has filed a motion to dismiss the suit indicating that it is frivolous and moreover Flanagan failed to file his suit in the proper timeframe under state law and asked the court to award the city attorney fees and costs.
Deputy City Manager Chuck Line stated that Summit owned 66% of the voting rights while only 23% of the land. With the acquisition of the Gamma Construction building the city now owns 77% of the land in the DDA. He also indicated Glendale created the formation of its metro exactly the same as Denver did in setting up a metro district regarding Union Station.
Nonetheless The Denver Post, a few days after its article, wrote an editorial castigating Glendale for having the five individuals participate in the DDA election.
The city canceled the Tabor election scheduled for November 3, which would have allowed the DDA to issue $200 million in bonds to help finance the Glendale 180 Project. The city’s project manager for the redevelopment, Mike Gross, hoped delaying the election would make negotiations with Summit easier and would allow Glendale to clean up outstanding litigation before moving forward.
Mayor Responds
Glendale Mayor Mike Dunafon indicated that the Summit REIT simply wanted to “put a gun to the head of the taxpayers,” and the lawsuit was little more than trying to get the city to overpay for the property. Summit had apparently previously indicated to the city that it was not spending several million in improvements in anticipation of the city acquiring the site.
Dunafon went on to note, “A major project is a great deal easier if you are simply buying a large vacant former farmland, but Glendale has no farm or vacant land as it is right in the middle of the Denver metropolitan area. When people find out that a city is doing a project they like to double or triple the property price, but a city has an obligation to pay a fair price but not rape the taxpayers. Urban projects always have a lot of challenges, but if you can get them done they are often enormous successes because of the demographics.”
Summit has repeatedly refused to return telephone calls from the press including The Denver Post, Westword and the Glendale Cherry Creek Chronicle.
Favorable Westword Article
Contrary to The Denver Post’s harsh editorial and more in line with John Aguilar’s front page story in The Denver Post, Westword’s Melanie Asmar wrote a seemingly balanced and generally favorable article on Glendale in its October 20 edition titled “Glendale Has Big Plans for the Future — And Just One Small Obstacle.” The article concluded by quoting Mayor Dunafon regarding the lawsuit by Summit and by implication of the lawsuits by the Kholghys — “It’s a shakedown.”
New Kholghy Demands
In the meantime, the litigious Kholghy family wrote another letter to the city September 15, 2015, demanding that the blight designation from their property be removed claiming it caused real estate developers not to be interested in their property.
Deputy City Manager Chuck Line replied back on September 15 noting the factors that caused the Kholghys’ property to be deemed blighted in 2004 and 2013 had not been remedied. He also expressed incredulity about the Kholghys’ claim that property in Glendale must be removed from the blighted designation before it could be redeveloped, noting numerous major properties designated blighted in Glendale that had been redeveloped, including but not limited to: CitySet, Cherry Creek Corporate Center, the Solara Apartment complex, King Soopers and Super Target.
He emphasized a landowner redevelops its property which causes the blighted designation to be removed, not the other way around. No reply to date has been received by the city from the Kholghys.
by Mark Smiley | Nov 2, 2015 | Feature Story Bottom Left
![Happy extended family having family lunch on a Thanksgiving day. [url=http://www.istockphoto.com/search/lightbox/9786778][img]http://dl.dropbox.com/u/40117171/family.jpg[/img][/url]](https://glendalecherrycreek.com/wp-content/uploads/2015/10/Hollenback-Thanksgiving-11-15.jpg)
It’s that time of year daters! That’s right the holidays are here and you have to decide if anyone you’re dating is worthy of meeting your family. Let’s face it, some people are dateable but have no business being introduced to your family. We all know how judgmental family can be and for some reason bringing someone home to meet mom is taken very seriously. I thought I would help out by creating a little check list for you that you can use as a guideline to determine if your date will be eating drumsticks with Aunt Marge or if you should just plan to meet for drinks after your turkey dinner. My rule is not to bring anyone to meet the family unless you’re in a committed relationship but other people are more daring than I so here goes…
- First impressions are everything and remember how judgmental family is. Make sure your date doesn’t ooze sex appeal. You don’t want the whispers behind your back from the women in your family centered on speculating if you’re dating a stripper (even if she is) or not and you don’t want the men in your family hitting on her or making sexual innuendo.
- Make sure your date can hold a conversation. There is nothing worse than bringing a date to a family function and all they do is smile, chuckle occasionally and give one word responses when someone addresses them. There is pressure around meeting someone’s family so just make sure in advance that they don’t mind having conversation with judgmental strangers.
- Do not bring a level 3 clinger home to meet the fam. If your date has to be attached to your hip in order to be comfortable or to avoid having conversation with your drunken uncle it would be in your best interest not to bring them. If your date can’t let you do your thing your family will automatically determine you have a smotherer on your hands who is going to control your life.
- Do not bring a date that has no problem downing a bottle of wine before dinner even starts. If your date gets all boozed up there is a good chance something could go wrong, very wrong. Like telling your mom that their ex just got released from jail and is trying to find them.
- Do not bring someone home that can’t put their phone down to save their life. It’s bad enough being on a date with someone who is on their phone all the time texting, checking email, whatever, but your mom will flat out tell them to get off their phone and put it away. The last thing you need is your mom upset because your date is rude.
- Bring a date that is not afraid to be helpful or get involved. If you are dating someone and you know they are lazy it would be best if you left them behind. The best quality your date could possibly have in a meet the family situation is being helpful. Need help in the kitchen? Want help with the dishes? Is there anything I can do to help? These are all sentences your date should be capable of saying.
- Make sure your date has a job or is doing something productive with their time. Unemployed dates are about as unappealing to families as using the bathroom after your dad. Inevitably your date will be asked what they do for a living and if they don’t do squat they will be treated like they have leprosy for the remainder of the evening.
- Bring a date that is socially aware and that will talk but know what to say. Nothing worse than bringing a date that wants to prove to your family that they know you better than your family does. There are some things that your family doesn’t need to know about you.
If you follow those guidelines you should be fairly safe and have a good time. In fact let me suggest that you cut this article out of the paper and have your potential date read this and agree that they can live up to these standards to ensure there will be no problems. I will even provide a small agreement for them to sign at the bottom.
I ____________________ agree to the terms and conditions that I have just read and promise I will abide by the preceding guidelines set forth by the Sheik to ensure I won’t embarrass you in front of your family at Thanksgiving dinner.
Signed ____________________________
Date ______________________________
Happy Thanksgiving!
Your pal, Sheik
by Mark Smiley | Nov 2, 2015 | Feature Story Middle Left
Right On ’Que: Sizzling
Carve BBQ Opening In Glendale
New Eatery From Southern Concepts To Add Fire In Belly Of Valley’s Dining Crowd
So you’re looking for that next great eating odyssey. Food you crave that’s guaranteed to satisfy your hunger. A renegade wave of new eateries is opening in Glendale and Denver with Texas-size ambitions and creative swagger that’s turning the Valley into the next great dining destination and barbeque is just the beginning.
Carving out a laid-back local hot spot in Glendale is Southern Concepts Restaurants Group’s fast casual barbeque concept Carve Barbeque opening Nov. 5 in the 1000 S. Colorado Blvd. shopping plaza. To celebrate the opening Carve will donate 10 percent of all sales to the Denver Rescue Mission during grand opening day. In addition, the first 25 guests to arrive on grand opening day will receive free Carve for one year. It is the first barbeque eatery from the Colorado Springs-based group that owns and manages three ful
l-service restaurants in the market. “Carve is different than your traditional pit barbeque restaurant — it is barbeque without boundaries,” explains Mitchell Roth, Southern Concept’s CEO. “We will be setting ourselves apart by choosing only the finest quality, all-natural meats.”
Customers will walk down the food line in the contemporary eatery where they choose from four styles — naked, salad, sandwich or street taco — plus meat garnishments. The eatery will serve pork, chicken, brisket, ribs plus prime rib, all natural wood-smoked. The fresh sides will range from traditional options like coleslaw, to barbecue pico de gallo and charred corn salad. Craft brews and local wines will be available. Information: 303-756-3356.
Eatery Explosion
There are a multitude of new eateries open or scheduled to open as the holidays near. Newly opened in Glendale is Noodle Fresh offering Asian Street Tacos, Ramen bowls plus create-your-own noodle bowls. Information: 303-757-0145. Also now open is Telegraph Bistro & Bar in the Wash Park neighborhood at 295 S. Pennsylvania. It features a menu of seasonal New American cuisine em
phasizing fresh seafood and vegetables. Information: 720-440-9846.
The Blue Island Oyster Bar — sister restaurant to Golden’s Table Mountain Inn eatery — has opened in Cherry Creek’s 250 Columbine project. Along with oysters from the restaurant’s own New York oyster farm, you can dine on lobster rolls, caviar, crudos, burgers, fresh fish, chowders and salads. Information: 303-333-2462.
Additional restaurants yet to open include Matsuhisa Cherry Creek, scheduled to open by year’s end in the Creek’s Steele Creek Apartment building; Del Frisco’s Grille — the casual sibling to Del Frisco’s — is opening a space in the new First Bank Building in Cherry Creek boasting a rooftop patio and an upscale bar. The menu will include prime-grade steaks, pristine seafood and two-fisted sandwiches and flatbreads. Finally, SOL Mexican Cocina is also opening in the 250 Columbine project. It will focus on the coastal cuisine of the Baja coast. The menu will range from various guacamoles to seafood dishes, street tacos, and bigger entree plates.
by Mark Smiley | Nov 2, 2015 | Editorials
Robert Speth v. Happy Haynes
On November 3 there will be an off year election here in Denver for which there is little excitement except over the endless attempts to get Denver taxpayers to pay for everything from redoing the stock show grounds to paying for the college education of the political elite’s kids and those belonging to politically favored groups.
But there is one hotly contested elective office fight and that concerns three positions on the seven person Denver Public School Board. The most interesting is the at large contest between current DPS Board President Allegra “Happy” Haynes and Robert Speth, a senior strategic account manager for Sprint.
The race boils down to corporate oriented reformers versus teacher union supporters as it does in almost all DPS elections. Corporate oriented reformers presently control six of the seven positions with the sole teacher union supporter Arturo Jimenez not running for re-election.
Challenger Robert Speth appears to be a highly intelligent individual with a wife and two children in the Denver Public system at Valdez Elementary School in northwest Denver. His campaign slogan is “A Parent. Not a Politician.”
For those not in the know, his opponent, 62-year-old Happy Haynes, is a lifelong politician who has never had children, much less one in the Denver Public Schools. Some of her opponents have long claimed that she does not even really live in Denver. She is, in fact, is perhaps one of the strangest and least qualified presidents of a school board in the country.
Haynes was recently handed the high paying city job of executive director of the Denver Parks Department by longtime political ally Mayor Michael Hancock without interviewing a single other candidate and halting the national search to help locate qualified individuals for the position. Her appointment was widely condemned across almost all political spectrums with park advocates pointing out she had absolutely no background or qualifications for the post. But being unqualified for a job under the Hancock Administration is not deemed an impediment as long as you are politically connected to the mayor.
She has also refused to resign as school board president to take the Parks Department position saying that during the day she would be head of Parks and a DPS president at night. Good government types have pointed that she has endless conflicts of interest between her two jobs. As president of the DPS she previously spearheaded the partial destruction of Hentzell Park to benefit the building of a new school. Okay for DPS, but a disaster for the park. The utterly spineless Denver Ethics Board, however, blessed her having the two jobs at once. What is all the more amazing about Haynes holding two jobs at once is that Haynes is not known for being a particularly hard worker. In all her time on Denver City Council she did not have a single accomplishment. She is best remembered by her fellow councilmembers as a person who failed to return almost every telephone call from her constituents. Incumbency in Denver is such a powerful force that once you are elected it is almost impossible to be voted out even if you, like Ms. Haynes, stiff-arm the people who put you in office.
Perhaps because she never had any children herself she has shown almost no actual interest in Denver’s school kids. She has been little more than a rubber stamp for literally every proposal of controversial DPS Superintendent Tom Boasberg and the corporate backers of Mayor Hancock.
Ms. Haynes’ primary attribute for her entire adult life appears to be having a politically connected mother, Jo Anne Haynes, and fortuitously being nicknamed by her mother at an early age “Happy.” Who wouldn’t want to vote for someone named Happy.
Ms. Haynes appears to recognize that her primary qualification to any job is her nickname as all of her yard signs simply say “Happy!” not dissimilar to Republican presidential candidate John Ellis Bush’s campaign signs simply saying “Jeb!”
Our primary concern with Robert Speth is that we do not agree with his strategy for improving Denver schools, including severely limiting charter schools and choice in the Denver school system. He wants teachers limited to those who are “certified” and wants teachers promoted based on seniority. By straitjacketing the choice that a parent has in Denver to a “neighborhood school” you make the Denver Public Schools even less attractive than they are now and cause more parents to abandon the public school system.
However, we are also cognizant that the majority of the school board will be pro-reform no matter the results of this election. Having no dissenting voices on the DPS School Board is not a good idea. Superintendent Boasberg has grown ever more arrogant and self important over the years and there needs to be at least one voice that will act as query to the actions of the school administrators.
We may not agree with some of the positions of Robert Speth but he is at least a very concerned and intelligent DPS parent whose decisions on the Board will directly affect his own children. Happy Haynes is a lifetime politician who has repeatedly shown her only interest is what is good for Happy Haynes. Moreover voting for Speth is also at least one clear symbolic vote against the corruption that has overtaken Denver City Hall.
— Editorial Board
by Mark Smiley | Sep 25, 2015 | General Featured
by Casey Bloyer
For a craft beer fan like myself autumn is a wonderful time of year to celebrate with delicious fall beer and what else, Oktoberfest! The average American has attended or knows about the fall festival that has become a pilgrimage for most beer lovers, but do they know what it is really about? Oktoberfest is about a marriage that happened in 1810 in, yes you guessed, Germany!
On October 12, 1810, Crown Prince Ludwig was married to Princess Therese of Saxony-Hildburghausen. The wedding took place in Munich, and all the citizens were invited to come celebrate the nuptials on the fields at the city gates. The fields are now named Theresinwiese in honor of the Princess, and today Oktoberfest is still held there.
The locals refer to the event just as “Wies’n” and more than six million people now attend “Wies’n” every year! The celebration in Germany has evolved into one big carnival party with something that everyone can enjoy and, of course, beer takes center stage.
You can find many more Oktoberfests across the world. Locall
y you can find several different festivals in each city in Colorado spanning from early September to the beginning of October. Also, there is that little festival at the end of September in Denver called The Great American Beer Festival.
Summer beer festivals focus on the beer but Oktoberfest is more of a celebration that usually is more family friendly than regular beer festivals. This is just one reason that as a beer lover, Fall is my favorite beer season. The air grows crisp and the colors start to change and the beer grows more hearty and rich with deep flavors!
Since we are in Colorado, one of the big four craft beer states (California, Colorado, Oregon, Washington) we are very lucky to have so many choices for outstanding beer. I can’t wait for this time of year and for seasonal beers to be released with one exception…PUMPKIN BEER!
Never has a beer been more argued than this type of beer. If you have listened to Brewski-Reviewski.podbean.com you know that I absolutely hate these beers! I have yet to try one that I like, or that I think is good. So just know you won’t get any recommendations from this writer on pumpkin beer. I will, however, let you know about my five favorite fall beers.
These are the type of beers I like to have on a cool afternoon in th
e Rockies or by a fireside at night. Here they are from 5-1:
5: Left Hand Brewing — “Oktoberfest Marzen Lager” — The maltiness of this beer is off the charts and is one beer that you can have a couple of and not feel like you just ate a full meal! This is a crisp fun lager!
4: Prost — “Marzen Oktoberfest” — If you are looking for German beer and a great fall beer for that special festival this is the beer for you! This is a more traditional Marzen with a nice orange color to it. I don’t mind having 1… or 6 of these if I’m not driving anywhere.
3: Oskar Blues Brewery — “Ten Fidy” — Get ready for a beer that will knock your socks off! This 10.5% ABV is packed with a punch of chocolate, caramel and coffee! Make sure you don’t have these on an empty stomach!
2: Black Shirt Brewing — Any beer they do! They call their beers “The Red Ale Pro
ject” and all the beers they do tie into music! I have ye
t to have a beer at BSB that is anything less than great! I recommend the Red Porter for this time of year.
1: Avery Brewing Company — The Kaiser Imperial Oktoberfest — This is the beer to end all fall beers! I am not surprised this is what Avery does with all their beers. The malt combined with the spiced hoppiness is fantastic. If an Oktoberfest is not serving this in Colorado then it is not the right festival.
Honorable Mention:
Bull & Bush Brewery — Hail Brau Hefeweizen — This unfiltered wheat beer is a classic Hefeweizen and great beer for any Oktoberfest festival. But make sure you swing by their brewery for any of their beers and the food as well!
Comrade Brewing — Bierstadt Lagerhaus Hefeweizen — Great beer for this time of year and a lot lighter than any other beers coming up on this list. I love the banana notes that come from this beer. Make sure you try the superpower IPA as it well may well be the best IPA in Colorado.
Fall is a wonderful time in Colorado to be able to enjoy the outdoors, and a great beer is a plus. We are just lucky to have the best of both worlds here, so get out there and try a new beer. I hope to see you at one of the many festivals this fall and please tell me if I am wrong about any of these beers. I love hearing about new beers to try, but do not bring up those evil forsaken pumpkin beers! Enjoy the outdoors, have a beer and until the next time . . . raise your glass!
Casey Bloyer is the Executive Producer of The Peter Boyles Show and The Dan Caplis Show. He is the co-host of Brewski-Reviewski with Connor Shreve who is the Sports Director at 710KNUS. Brewski-Reviewski is a bi-monthly podcast talking about all things craft beer in Colorado. Twitter @Breviewski; Facebook www. facebook.com/craftbeerradio; email brcraftbeer @gmail.com.
