by Mark Smiley | Aug 29, 2016 | Main Articles
Arapahoe Court Dismisses M.A.K.’s Rule 106 Claim
by Charles C. Bonniwell
Seldom does a judge make a ruling in an adversarial case which makes both sides happy, but that apparently is exactly what has happened regarding Arapahoe County District Judge Charles M. Pratt’s “Order Re: Issuance of Petitioner’s Standing.” M.A.K. Investment Group, LLC (MAK) had filed a Rule 106 action against The Glendale Urban Renewal Authority (GURA) regarding the appointment of a developer for the proposed entertainment district titled Glendale 180. MAK also filed another action in Arapahoe County District that has been dismissed and yet a third in Federal Court trying to stop the project.
In the litigation in question MAK claimed first that the selection of Wulfe & Co., Inc. (Wulfe) as the developer for the project violated state law.
The original project (which was provided for in Resolution 7 of GURA) included MAK’s property, but given MAK’s objections it was subsequently taken out of Glendale 180 (Resolution 3). As part of the discovery process GURA indicated that itself and Wulfe had parted ways. The Court in its order declared that “owing to GURA’s admissions [MAK] no longer has standing to contest the alleged pre-selection of Wulfe for the Resolution 7 renewal project because [MAK] is not one of the affected property owners . . .” The Court then denied both of the competing Motions for Attorney’s Fees and Costs by GURA and MAK.
Immediately following the issuance of the Order, Cody Wertz with MAK’s public relations firm Stratton and Associates sent out a press release to virtually all local media outlets declaring “Kholghy Family Freed from Condemnation with District Court Win.” Quoting Nasrin Kholghy the press release declared: “This decision was a major victory for our family business and we are excited to pursue options to develop our property. Eminent domain is for roads and schools and not for private developers.”
The press release went on to state: Glendale did not disclose the loss of the developer until recently, thereby dragging out court proceedings, wasting taxpayer funds.”
A few hours later the City of Glendale sent out a response email declaring the “Kholghy family’s attempt to garner unwarranted sympathy from the unknowing public hit a new low today. A press release distributed to news outlets is riddled with errors and outright lies.”
In its press release Glendale went on to note that Judge Pratt ruled that MAK had no standing to contest the developer for the Glendale 180 project because they are not part of the affected property and “that the court did not rule on either condemnation or eminent domain.”
Glendale Deputy City Manager Chuck Line stated, “If MAK thinks having claims dismissed and motions denied are victories, I hate to see what a loss looks like to them.” Moreover he noted that in rejecting the request for attorney fees and costs for MAK the Court found that MAK declared that it “would have done nothing differently even if it had been informed earlier about Wulfe leaving” the project. He pointed out that Wulfe and Glendale continued to negotiate up until the beginning of 2016 and that MAK continued to litigate even after it was informed that negotiations were ceased and Wulfe would not be the developer.
Nasrin Kholghy on behalf of MAK in an email to the Chronicle appears to dispute the Court’s Order insisting: “Both our family and the taxpayers of Glendale spent funds unnecessarily because Glendale hid the developer’s departure for almost a year and publicly stating the project was ‘coming to fruition.’”
Glendale Mayor Dunafon in the city’s press release said “despite the latest attempt by the Kholghys to deny reality, Glendale 180 will be brought to life. We have tremendous momentum behind the project and we won’t let these petty PR and litigation tactics stop us.
The litigation experts consulted by the Chronicle appeared lost at what MAK’s litigation strategy is and what their goals are going forward. The remaining state court claim would appear moot as it claims simply that the appointment of Wulfe violated the open meeting laws. The federal lawsuit which seeks to have the state’s urban renewal statutes declared unconstitutional would not benefit MAK except perhaps to remove a blight designation that does not affect any development on the property. By developing the property MAK would, in fact, cause the blight designation to be removed.
Some lawyers believe that it is an attempt to recoup at least some of the staggering costs and attorney fees incurred by MAK in bringing numerous lawsuits against Glendale. Others have suggested the goal would appear to pressure Glendale to waive its zoning laws and Master Plan restrictions when and if MAK files development plans for the property. MAK’s consultants have indicated that MAK wishes to build a high-rise apartment building on the Colorado Boulevard property.
The Chronicle inquired in an email to MAK’s spokesperson Nasrin Kholghy as to what were MAK’s litigation goals going forward, but that email was not responded to by the print deadline. She was made aware of that deadline in writing.
by Mark Smiley | Aug 29, 2016 | Main Articles
5,800 Parking Spaces Will No Longer Be Free
by Glen Richardson
The dreaded “no parking space” syndrome is about to come back and roost on the doorstep of Cherry Creek North. Until now when city officials, developers and retailers were asked about the lack of parking spaces in Cherry Creek North, they would point to the excess of parking spaces available at the Cherry Creek Shopping Center. No longer.
The Shopping Center announced that starting in January it will start to charge for parking. The Shopping Center had little choice in the matter. The City and County of Denver has been requiring less and less mandatory parking spaces at new apartment houses, condominiums and hotels. As a result, employees at retail establishments in Cherry Creek North, owners of second cars who lived in the new condominiums and apartment houses which provided for only one car, visitors to the new hotels, and even everyday shoppers to stores in Cherry Creek North were using the excess parking at Cherry Creek Shopping Center. In addition, the amount of parking spaces at the Shopping Center was being adjusted downward to accommodate the RN interior design building on 1st Ave., and a proposed hotel on the east side of the Shopping Center will further cut into parking.
The Shopping Center, of course, needs to meet the concerns of the 16 million people who visit the mall annually. Furthermore, there are more than 140 indivi
dual retailers roosting within the mall.
More than two-dozen new projects have been completed, are under construction or announced in the district in the last year. Developments being completed are resulting in an increase in new businesses, retailers, and restaurants opening their doors almost weekly. All of these new offices, retail and hotels “have put greater pressure than ever on parking here,” declares the shopping center’s longtime general manager Nick LeMasters. Yet of total parking spaces available in Cherry Creek North, the 5,800 spaces in the shopping center account for 70 percent. There are roughly only 500 parking meters in the 16-block business district, another 500 off-street spaces and just over 1,000 in public garages.
Ruffled Nest Feathers
What has increasingly been happening, according to LeMasters, is that a lot of people who do not work or shop at the mall, but apparently work in the area, are parking in the center and leaving their cars parked all day. “This has created a dynamic that is not favorable to our employees at the shopping center or to our paying customers,” he says.
A new state-of-the-art parking system is currently being installed. It will be tested in the fourth quarter of this year and rolled out in January so it won’t disrupt the holiday shopping season. Parking during the first hour will be complimentary. The second hour will cost $3. An extra dollar will be added upon hour three, raising it to $4. There will be an additional $2 each hour afterward, for a daily maximum of $16.
This parking fee at the Shopping Center will be slightly more than Cherry Creek North street parking, but customers will not have to move their cars like they do on the street. Cost will be less than most other enclosed parking garages in the district, LeMasters says. The purpose of paid parking is not to raise money, but to provide a better experience for paying customers, he emphasizes. Initially, he suspects there will be some “pushback” from customers who have long been accustomed to free parking.
Brooding Of Cost
As shoppers become accustomed to paid parking LeMasters thinks they will find it is “more than worth it.” For one thing, the state-of-the-art system by Park Assist will make it easier to park and exit the mall. Signs will tell motorists where parking is available and which parking levels are filled. Each parking space will have either a green or red light, telling customers whether an individual space is filled.
If a customer forgets where they parked, by typing their license plate into a kiosk display it will tell them where they are parked.
Increased security is expected to be a secondary benefit. “We will be adding several hundred more cameras, so that will provide an additional measure of safety and security,” LeMasters reveals. Fortunately, he adds, safety has never been a significant problem, but with many new cameras and an integrated guidance system, it is nice to have more security and an added level of safety.”
The movie theater in the Shopping Center will validate parking and other merchants can also choose to validate parking tickets. The approximately 3,000 employees at the mall will not pay for parking. Also, during special events such as the Cherry Creek Farmers Market and Cherry Creek Sneak parking will be free.
Hatching Reaction
Feedback from shoppers and those living in the neighborhood to the announcement of the parking change has been mixed. Here’s some of the first feedback from Yelpers:
“I have seen the parking situation become increasingly competitive in CCN, mostly because the construction and other workers have taken over the free two-hour spots in the neighborhood. Basically people park all day in the two-hour zone, which means that residents will ask for even more draconian constraints, i.e. permit parking only.” A totally different response: “Huh. Maybe I’ll go to the mall more if there are fewer teenagers lounging around. That’s pretty selfish, I guess.”
Summed up others: “Parking is a PITA [Pain In The A**] more and more in Denver. As densities continue to increase throughout the city, expect more charges to park your buggy in popular areas.” Added yet another: “What a bummer. As if brick and mortar retail needs another reason to be less enticing.”
Surrounded by new high-rise developments on three corners, Jason Rudofsky of Zaidy’s Deli at 1st Ave. and Adams simply says of the growth and parking, “Parking has always been a problem in Cherry Creek, this won’t make it any better.”
Gavin Berry, the General Manager of Del Frisco’s Grille at 100 St. Paul, noted, “Cherry Creek North has always had this stigma attached to it that parking is difficult. So when we came in we knew right away we wanted complimentary valet no matter what the cost might be.” He however understood that the Shopping Center “had to do what they had to do to protect their business.”
When the Chronicle inquired of Christine Des Enfants, Executive Director of the Cherry Creek Chamber, of what effect the Mall’s decision would have on Cherry Creek North, she pleasantly stated “no comment.”
Corrections & Clarifications
In the above feature on Paid Parking at the Cherry Creek Shopping Center, contrary to the article the footprint of Restoration Hardware in the former Saks Fifth Avenue space did not adjust downward the number of parking spaces. Furthermore there currently are no development plans on the east side of the mall that would further cut into parking. “The 5,800 parking spaces at the mall will remain unchanged,” emphasizes General Manager Nick LeMasters.
by Mark Smiley | Aug 29, 2016 | Valley Gadfly
Chill out: This is the month when we begin to think of cozying up by the fireplace. Is it getting a little chilly out there, or is it just us? September begins the season of crunching leaves and shorter days. Kids frolic in leaf piles on the lawn and are back in school again. And what else? Pumpkin-flavored everything is upon us.
Fall is celebrated as the season of awe. Sarah Morgan Bryan-Piatt explained September thus: “It is the summer’s great last heat. It is the fall’s first chill: They meet!”
Here are our bright choices for shopping, dining and entertainment as daylight begins to fade to fall to help you fill the season with a heaping harvest of happiness:
3 Savor a taste of fall weather while having appetizers, entrees and desserts from local eateries during the Taste of Colorado, Sept. 2-5. The Civic Center Park event even adds a side of music. Information: 303-295-6330.
3 Your family will still fall for Star Trek at 50. Episodes of original series play at Sie FilmCenter Sept. 8, 7 and 10 p.m. Information: 720-381-0813.
3 Thinking of renovating and remodeling this fall? The Colorado Fall Home Show is at the Convention Center Sept. 9-11 Information: 303-932-8100.
3 Cozy up for Colorado Symphony’s Rocky Mountain High John Denver concert at Boettcher Hall, Sept. 10, 7:30 p.m. Information: 303-623-7876.
3 Blast into the season of awe feasting on tasty barbecue during the Swine Emporium grand opening Sept. 24, noon until midnight. This new kitchen in the Bar Car is featuring a slider trio special. Information: 720-524-8099.
3 Get fit as a fiddle this fall. The changing season is the perfect time to get into the best shape ever. Expert coaching and advanced technology at KoKo FitClub obtains life-changing results. Information: 303-872-8380.
3 Even if every leaf isn’t a fall flower, the Dahlia Show at Paulino Gardens will brighten up the season Sept. 10-11. Information: 303-429-8062.
3 The fall art scene turns to decorated masks this month. See 500 displayed in the Cherry Creek Mall, Sept. 12-Oct. 9. Information: 303-321-2828.
3 Hear, see and experience the latest in high-end, high fidelity audio equipment during this fall’s Rocky Mountain Audio Fest, Oct. 7-9. Returning to the Denver Marriott Tech Center, it is the biggest consumer fair for audio and home entertainment in North America. Attendees will enjoy eight floors and more than 170 exhibit rooms. There’s dozens of seminars plus live entertainment. Information: 303-393-7918.
Whether it’s a song about the summer coming to an end, the sun making way for rain and snow, or the classic sight of autumn leaves, we bet you’re gonna fall for fall. This month’s real cool front is likely days or weeks away. Simmer down; fall doesn’t have to be a depressing time to work and study. So welcome y’all into fall’s beauty.
To enjoy the season you just have to layer up, embrace the change in the air, and listen to some music that suits the mood of the season. Time to turn over a new leaf!
Baseball season has hit the home stretch, while football season is just warming up. Jewelers aren’t the only place to see gold in autumn; visit our parks. The Old Farmer’s Almanac offered the best advice for fall. In 1993 they wrote: “Of autumn’s wine, now drink your fill; the frost’s on the pumpkin, and the snow’s on the hill.”
— Glen Richardson
The Valley Gadfly can be reached at newspaper@glendalecherrycreek.com.
by Mark Smiley | Aug 29, 2016 | Feature Story Middle Left
by Shideh Kerman, AFC Urgent Care Denver, B.Eng., MBA
As I rode the bus to Akyem, a small village in Ghana, I wondered what I could expect in this new place. I found myself embarking on a new journey after an inspiring discussion with a doctor who had been on one of the medical trips to Africa. I was sold — it sounded like the perfect opportunity for me to help a group of medical professionals set up clinics in rural villages.
We selected Ghana as our destination because of the low access of population to hospitals and medical facilities in the villages. The quality of healthcare varies across Ghana, with the smaller communities experiencing the most difficulty in obtaining quality service. Patients in villages either rely on traditional medicine or travel great distances for more comprehensive healthcare. The formerly operated system of health, known as “Cash and Carry,” led to countless deaths, as many lacked money to pay for their healthcare needs. Under that system, the health need of an individual was only attended to after payment, even in emergency cases. With a third of Ghanaians living on less than a dollar a day, healthcare is out of reach for many.
Despite these challenges, the Ghanaians I met were incredibly kind, and quick to offer any type of help. Upon my return, I felt rejuvenated, and I wondered — why do I feel so good? While the mental health benefits of volunteering have long been understood, there is research that suggests the advantages are more extensive than one may even imagine. Here are just a few of the many benefits of volunteering:
- Improve Your Health And Live Longer
Studies show that when people think about helping others, they activate a part of the brain called the mesolimbic pathway, which is responsible for feelings of gratification. Helping others doles out happiness chemicals, including dopamine and endorphins that block pain signals and oxytocin. Beside the mental benefits, Volunteering can have huge health benefits, including a reduced chance of heart disease, lessening of chronic pain, and even a longer life. Carnegie Mellon University published a report indicating that adults, aged 51 to 91, who reported at least 200 hours of volunteer work in the last year were 40% less likely to develop high blood pressure than those who did not volunteer. The health benefits of volunteering seem to only be extended to those who devote a “considerable” amount of time — about two hours per week. Older adults seem to benefit the most, possibly due to poorer health associated with aging, but people of all ages can benefit physically from the art of giving.
- Become A Leader In Your Field
When I traveled to Ghana I didn’t know how I could be of help. My experience is mostly building clinics and improving operations in high patient volume medical clinics. And that is exactly what I did in Ghana, with the difference that I had only hours to set up clinics and had to improve operations to accommodate up to 400 patients daily. It was not easy but definitely helped me with my lead
ership skills.
Leadership skills can certainly be cultivated in students, but costly university programs can fall short in attempts to teach this skill. International Corporate Volunteerism (ICV) is a relatively new approach that provides development opportunities abroad for top talent within the corporate realm. This type of learning provides employees with direct exposure to adapting and problem solving in a new environment. Lessons like these can’t be taught in a classroom. A recent George Washington University study found that ICV programs are more effective at leadership development, both in cost and the diversity of learning, than elite, academic programs. And according to Josh Bersin, an expert on talent development, fostering employees who are successfully able to lead is the most critical indicator of a corporation’s future performance.
- Career Opportunities Await
If you are searching for a job, or are in a transition to switch to a new job, why not be proactive and join a non-profit organization instead of just waiting for the unknown. Volunteer experience has long been an afterthought in career portfolios. However, this has been changing, as more nonprofit organizations try to utilize skilled volunteers and more employers consider volunteer work when evaluating job candidates. An article in The New York Times explains that volunteering is recently becoming more important for highly skilled professionals. For example, LinkedIn, a professional networking site, responded to overwhelming feedback by adding a field for members to list their volunteer work. A survey found that 41% of employers said they consider volunteer work as important as paid work, and 20% said they made a hiring decision based on volunteer work.
- People Who Volunteer Are Happier
“Volunteering moves people into the present and distracts the mind from the stresses and problems of the self,” said Stephen G. Post, founding director of the Center for Medical Humanities in New York. Volunteering activates “happiness chemicals” that help block pain signals and relieve stress. Furthermore, while somewhat counterintuitive, plenty of research indicates giving back can be beneficial to those who suffer from acute or even chronic depression, helping individuals to gain perspective on their life and reduce stress.
How Do I Begin?
Thousands of well-meaning people around the globe yearn to donate or get involved in some way, but are unsure of the best way to give back. Most of us lack knowledge of the real issues within our community or around the world. Volunteering, rather than donating, can sometimes give more tangible results that may ultima
tely be more satisfying.
Start by doing research on your chosen charity before committing your skills and time. No matter your values, skills, age, or background, Africa and many other third world countries have opportunities for you to make a difference. However, do not discount opportunities to volunteer within your local community. No matter where you choose to give back, it is truly a win-win for all involved. Volunteering is good for the soul, and is in many ways, an expression of appreciation for life itself.
