Denver’s Rent Bubble Bursts; Drop Is First In More Than A Decade

Denver’s Rent Bubble Bursts; Drop Is First In More Than A Decade

Average Rent In Q2 Declines To Just $1,506 Per Month; Nearly Every Age, Size Of Apartments Saw Drop In Rent Prices

by Glen Richardson

For the first time in more than a decade average rents in Denver fell in the second quarter of 2020. The last time average rents dropped year over year was in the first quarter of 2010, according to the Apartment Association of Metro Denver.

Blockbuster Buildup: The Bromwell, an apartment complex along the Speer Blvd. corridor, is among the apartments that are just opening. It adds another 171 homes onto city’s constant apartment buildup.

The coronavirus economy combined with new apartments coming on the market burst Denver’s decade-long rent bubble. New construction added 1,170 units in the second quarter, including 936 in the metro area alone. Released July 21, the rent data was conducted for the Apartment Association by DU’s Daniel School of Business and Colorado Economic Management Associates.

Compared to Second Quarter 2019, average rents dropped to $1,506 per month, a $30 monthly decrease or a $360 annual decline. Taking an optimistic point of view, Mark Williams, Executive Vice President of the Apartment Association, says that is good news for future renters. “Not only are rents not climbing, they went down for all but one floorplan type. There were decreases in all categories, except for two-bedroom, one-bathroom units. This is likely because a renter who had an extra bedroom has added a friend to his or her lease.”

Metro Wide Drop

The decrease in rent was consistent across most geographic areas or 24 of 36 submarkets. Nearly every age and size of apartments saw declines in rental prices.

Enormous Pull: With 14-stories and 142 homes, The Pullman Apartments on Wewatta St. in the Union Station neighborhood is among new apartments that have opened in Denver. New construction added 1,170 units in the Second Quarter helping to burst city’s decade-long rent bubble.

Newer properties saw the steepest drop in rental rates. Apartment complexes built in 2010 or later have average rents of $1,840, a $105 drop from the previous quarter.

Properties built in the 1970s remain the least

expensive to rent, averaging 20% less than the average rental cost for all apartments.

Virus Specific Data

The Second Quarter survey was modified to collect COVID-19 specific data, asking about delinquent patterns for the months of April, May, and June 2020. The results demonstrate that delinquency was very low, with a majority of rental providers responding that 95% of renters paid their rent.

“The Q2 report continues to show relative stability in the apartment market,” Williams notes. Adding, “which was difficult to predict at the start of the COVID-19 pandemic.”

Over the past several months, housing providers have worked closely and diligently with residents who were impacted by pandemic hardships to create flexible payment plans and create solutions that were a win-win for everyone involved.

Vacancies Flat

The Denver metro apartment market added 1,170 new units, a net positive absorption of 3,801 units for the second quarter. In the Second Quarter, discounts and concessions were steady, coming in at $84, compared to $88 in the first quarter.

Gold Standard: While apartment construction slowed in the second quarter, building continues unabated in nearly every neighborhood. This 17-story tower will house 373 apartments in the Golden Triangle neighborhood.

“That means that 3,801 more apartments were rented than in March 2020, when the COVID-19 situation started to evolve, indicating that demand for rental housing is still very strong,” Williams points out.

The survey found the average overall vacancy was 5.1%, which is down from 5.9% in the previous quarter, but virtually flat compared to a year ago. This is in line with historical patterns, which show slightly higher vacancies in the first quarter compared to the second and third quarters.

More Units Opening

New blockbuster apartments are expected to open in the weeks and months ahead and will likely continue to impact rental rates. In LoDo, Market Station, a new full block development will add 225 apartment homes. Another big complex, this one a 17-story tower with 373 homes will open before yearend at 10th and Acoma in the Golden Triangle neighborhood.

Pint-Size Property: This five-story micro-apartment complex nearing completion on Adams St. in Cherry Creek could be one answer to the coronavirus economy. The 37-unit complex has apartments ranging from 300-800-sq.-ft. in size.

Two new developments are also nearing completion along the Speer Blvd. corridor and expected to open this year adding 413 apartment homes. The Modera West Wash Park with its two sharp points will add 242 apartments averaging 864-sq.-ft. in size. Then at Speer and Logan, The Bromwell will add another 171 homes with leasing beginning to get underway.

In Cherry Creek North a five-story micro-apartment complex is nearing completion at 135 Adams St. Depending on price, the 37-unit complex ranging from 300-800-sq.-ft. in size could become a popular coronavirus economy size-style. Despite the new apartments opening and additional projects being proposed, construction of new apartments did slow in the second quarter. Year over year construction during the period totaled just 8,978 units, the lowest number since the second quarter of 2016.

Rental Assistance Rises

Denver is using Federal COVID-19 relief funds to more than triple rent and utility assistance, trying to keep people housed now that Denver’s eviction moratorium has ended. The City Council has approved adding $5 million to the housing assistance fund that started the year with a budget of $2 million.

The coronavirus economy has sparked a sharp increase in the demand for rental assistance. Britta Fisher, who heads Denver’s housing department, says the assistance program helped 996 households last year and had already assisted 704 through May of this year. “This clearly shows that households, including families, are feeling the stress of this economic and health crisis,” she says.

In the past grants have paid up to 80% of rental assistance. City Council, however, has approved eliminating the requirement that recipients pay a portion of the housing cost and now 100% of rent will be covered. Denver’s housing department says this should allow the program to more quickly get funds to residents who need rental and utility assistance.

Rent Relief Donations

Moving Experience: Coronavirus economy and health crisis is forcing many apartment renters to move. Many are relocating to less expensive apartments or downsizing to smaller units to cut cost. (Photo by Kevin J. Beaty/Denverite)

With requests for rental assistance up sharply and showing no sign of subsiding, it is becoming increasingly clear that city-federal assistance programs won’t be adequate. In May an apartment landlord group raised $74,000 from its members to establish a rent relief fund. The funds will be doled out to people to have lost income or suffered illness due to the coronavirus pandemic.

The Colorado Apartment Association which contributed $25,000 to the landlord fund is also asking other Valley residents and businesses to contribute. Funds would go to a Resident Relief Foundation to help “Coloradans help Coloradans.”

The foundation initiative is hoping to raise $10 million for rental assistance. The foundation notes that demand is so high during the current health-economic crisis it is only taking applications from tenants facing imminent eviction. The Denver Apartment Association is an affiliate of the Colorado Apartment Association.

‘Target’ Secretly Going Into Lowry Boulevard One

‘Target’ Secretly Going Into Lowry Boulevard One

“We dance round in a ring and suppose, but the secret sits in the middle and knows.”
— Robert Frost, The Secret Sits

by Luke Schmaltz

It is practically unheard of that a retail business — one which relies heavily on public awareness of its whereabouts — would treat the opening of a new location like a covert, psi-ops, top-secret government installation. Yet, until recently, this seems to have been the case with the small-format Target store slated to open at Lowry Boulevard One in fall of 2020.

A Public Mystery

Bullseye: Residents who thought they were living in a district exceptional to generic corporate influence will have to get used to looking at this symbol every day.

The entire arc of this narrative is, in fact, shrouded in secrecy — as the issue first came to the attention of The publication from a Lowry Boulevard One resident. The  Chronicle was contacted by this person who, first and foremost, insisted upon anonymity. Once agreed upon, they went on to explain a community-wide sentiment of disdain over recently-announced plans that a Target store was to be the anchor business for the retail shopping complex at First Avenue and Quebec Street.

According to this caller, the developer, in securing neighborhood support for the project, sent out numerous emails to homeowners and other residents. These emails asked recipients their opinions on the type of retail business that would fulfill their needs while resonating with the unique, upscale tone of the neighborhood. Preferences were unanimous for a specialty grocery store along the lines of Tony’s Market, Trader Joe’s or Whole Foods.

Come to find out, through Boulevard One Design Review Committee Meetings and statements on the Lowry Redevelopment Authority website, that the space is slated to host a small-scale Target store — not exactly the brand that comes to mind for rounding out a one-of-a-kind, distinctive, freshly-reimagined residential district. The space in question currently is a vacant, partially developed 30,000 square-foot storefront facility — no doubt a consistent subject of curiosity and concern for area residents.

Confidential Solidarity

Requests for commentary on this issue were either deflected to other entities or ignored entirely by the Lowry Redevelopment Authority, Denver District 5 City Council Office, Lowry United Neighborhoods (LUN), Lowry Community Master Association (LCMA), Boulevard One Master Association (BOMA) and to some degree — Target Corporate Headquarters.

Construction: The construction at Boulevard One is underway, yet far from complete.

Mary Carr, Executive Director of LCMA responded in an email explaining: “Boulevard One is actually its own Master Association and is not a part of the Lowry Community Master Association (LCMA) and for that reason the LCMA is not involved in any of their development decisions. I have cc’d Jean Lindholm with the Lowry Redevelopment Authority — she can get you over to the appropriate person with the Boulevard One Master Association.” No follow-up communication from Lindholm was ever received.

Meanwhile, multiple attempts to communicate with District 5 City Council Members, LUN and BOMA were ignored entirely and only after numerous emails and voicemails, Jill Lewis, a Target Corporate Headquarters Communication agent, finally offered a definitive statement via email on the matter: “At Target, we continuously explore possible locations for new stores, including in the Denver area. We are currently focused on new store growth with our small-format stores, which are smaller than our general merchandise Target stores and are located in dense urban and suburban neighborhoods as well as college campuses. I can tell you we are pursuing the opportunity to reach guests in the Lowry neighborhood, and at this time, we don’t have any additional information to share.”

Bankrupt Beginnings

Rewind to January 2020 when Lucky’s Market — the original planned occupant of the retail space — filed for Chapter 11 bankruptcy in a motion to close 32 of its 39 locations. This effectively took them out of the running for the property. According to the Lowry Redevelopment Authority (LRA) meeting notes for May 2020, “The LRA has repurchased the property as of May 14, 2020, and notice of repurchase has been given to CK under a Right of First Offer (ROFO) agreement. CK intends to give notice of their desire to purchase the property from the LRA within the next few days with the selection of a closing date.”

Signage: As of August 12, 2020, the Boulevard One construction site signage still identified Lucky’s Market as the anchor retail business of the development. ￿

 Throughout the remainder of the meetings notes, the future owner of the property is referred to simply as “CK.” Further investigation into Boulevard One community plan and lot plan schematics, “CK” is revealed as Confluent Development/Kelmore Development Co. The former’s website describes the configuration as: “Confluent Development and Kelmore Development serve as co-owners and co-developers for The Boulevard at Lowry, a 200,000-square-foot commercial mixed-use redevelopment project in the heart of Denver’s revitalized Lowry neighborhood. Situated on more than five acres, the 1.5-block infill development will consist of retail, restaurant, office and entertainment space, including a restaurant sitting on the community park across Lowry Blvd.” Not surprisingly, no qualified representative from “CK” was available to comment on the situation for this article.

Meet The New Neighbors

What Could Have Been: A conceptual artist’s rendering of what the Boulevard One retail complex was supposed to look like.

According to LRA meeting notes from July, 16, 2020, the plan to lease the property to Target was announced on July 7 via virtual open house meeting. The plan has since been added to the LRA website and the Boulevard One website with the following statement: “The store would offer a shopping experience tailored to the needs of local guests, including free and convenient same-day services such as Order Pick Up and Drive Up. Target stated they would look forward to building a local team of talented members who will help them serve the Denver community. The developer also shared that they continue to engage and are also in advanced negotiations with multiple specialty grocers to join the project, either on the current parcel or an adjacent parcel.”

The 30,000 square-foot building which will house the small-format Target is just one-fourth the size of a normal store, which makes one wonder which of the many attracting features may be left out due to size restrictions. Lifelong loyalists to the corporate brand may see the opening of another branch of their favorite retail destination. Yet, upon entering, they may be taken aback when they realize there may be no pregnancy-detecting buying algorithms analyzing their purchases for coupon targeting, no open breastfeeding areas in either the electronics or housewares departments and no refrigerated Doritos for their famous “Walking Tacos” recipe. The latter is a brand-specific marketing original — which instructs shoppers to crush up a bag of Doritos, add taco ingredients and enjoy the concoction with a spoon. If this practice were to become commonplace at Boulevard One, residents and stakeholders alike would have another situation to be secretive about.

Glendale Supports Governor Polis On Masks, Opts Out Of Tri-County Order

Glendale Supports Governor Polis On Masks, Opts Out Of Tri-County Order

Denver’s Odd Couple Alienates Glendale Residents, Businesses At Meeting Tay Anderson And Emily Sirota Called An ‘Embarrassment’

by Mark Smiley

After a week of consternation, the Glendale City Council elected at its meeting on July 21, 2020, to support Governor Jared Polis and his statewide mask mandate and to opt out of the controversial, and seemingly highly unpopular, mask mandate of the Tri-County Health Department (TCHD).

Bully: Known as the young political bully of Denver, Tay Anderson who sits on the Denver Public Schools board, snickered and mocked at citizens who did not support his position on Tri-County Health Department’s mask order.

It was expected to be a relatively mundane meeting of the Glendale City Council on Tuesday, July 14, 2020, called to discuss whether Glendale should adopt a mask ordinance closer to Denver’s or instead stay within TCHD’s mask order which applies to the counties of Adams, Arapahoe and Douglas.

TCHD’s board voted to implement the mandate on Wednesday, July 8, 2020, by a close 5 to 4 vote. The order also allowed each county and its individual municipalities the option to opt out by July 24, 2020. At the time of publication, Douglas County, Castle Rock, Bennett, Parker, and Brighton had already chosen to opt out. Douglas County indicated that it was giving notice that it was dropping out of TCHD altogether.

The July 14th Council Meeting

But what was supposed to be a relatively noncontroversial, technical meeting on what was the better choice for Glendale, turned into a wild donnybrook when two Denver elected officials, Tay Anderson (member of the Denver School Board) and Emily Sirota (a recently appointed State House Representative), decided to make the meeting a cause celeb. They notified local television stations that they, and their supporters, planned to go to the meeting and disrupt it. Two of the local television stations live streamed the entire two and one-half hour meeting.

Embarrassment: Emily Sirota joined Tay Anderson and a few others to encourage Glendale’s City Council not to adopt an ordinance similar to Denver’s order to opt out of TCHD’s mask order.

The City Council, at the end of meeting, continued it until the following Tuesday to give the city staff a chance to prepare a resolution in line with Denver’s for the City Council to consider.

The Odd Couple In Action

Standing at the back of the room leaning against the wall, Anderson and Sirota appeared to giggle, laugh and mock any Glendale residents who did not speak in favor of their position. Anderson shouted from the back of the room for the Council to shut down when an opponent went over three minutes, not withstanding the fact the Council did not limit anyone to three minutes.

Mayor Dunafon felt compelled to repeatedly admonish Anderson and Sirota to stop harassing and laughing at people who came to the podium who did not agree with them. Anderson appeared to be the worse of the pair. The 21-year-old demands people address him as “Director” or “Director Anderson,” claiming the title as a result of being on the Board of Directors for the Denver Public Schools.

When he spoke, he threatened to recall members of the City Council unless they voted for the TCHD order, but did not explain why if the Denver order was appropriate for Denver, which surrounds Glendale and is the city he lives in, why it wasn’t appropriate for Glendale. In a moment of apparent hubris, he declared that: “I am not the mayor of Denver — Yet!”

Known as the young bully of Denver politics he had also threatened recall for Greenwood Village Council members if they did not vote to rescind Resolution 40-20 on police immunity. He successfully threatened the Stapleton neighborhood to change its name, even though it had undergone a vigorous election just recently and had voted to keep the Stapleton name. Anderson had said he and his cohorts would march and take over the streets of Stapleton unless they acceded to his demands, which they did.

Threatens: Tay Anderson argues before the Glendale City Council at the July 14, 2020, special meeting. He closed his statements by threatening a recall against those that voted to opt out of TCHD’s mask order.

Emily Sirota, State Representative for House District 9, was very concerned at the prospect of Glendale not adopting TCHD’s order rather than one closer to Denver’s. She declared: “Both residents of Glendale and those who live in surrounding parts of Denver who often frequent businesses and restaurants in Glendale are very concerned and if you opt out of this order, they won’t feel comfortable shopping here.”

Other Public Testimony At Council Meeting

Veteran: Chris Shiroma, a veteran, pleaded with Glendale City Council to opt out of the TCHD mask order citing the difficulty people in his situation have in finding a job.

In an effort to convince the City Council to remain under TCHD’s mask mandate, Anderson and Sirota organized a group to email members of the City Council throughout the day and appear before the council during the public comments portion of the meeting. To their surprise, there were more people signed up to speak on behalf of opting out of mandatory mask requirements altogether at the meeting, although the City Council did not appear to consider that an acceptable option. In total, 23 people signed up to address the Council.

Restaurateur: David Peterson, owner of the Bull & Bush Brewery, spoke in favor of opting out of the TCHD mask order. He indicated it would be difficult to police as a business owner.

“Who is responsible for policing this?” asked David Peterson, owner of the Bull and Bush Brewery in Glendale. “We have enough going on as it is. I don’t need to be the police and enforcer of this mandate.” Peterson referenced the clause in the mandate that requires members to be in the same household to dine together. Peterson already requires masks to enter his restaurant.

Nurse: Lance Anthony, longtime Glendale resident, called the mask order “insane” and asked the City Council to opt out.

Lance Anthony, a longtime resident of Glendale, simply said, “Opt out, this is insane. If you can smell cigarette smoke through your mask, it is not working.” Anthony who has been a paramedic and a nurse pointed directly at Anderson and Sirota and demanded they stop interrupting the meeting and harassing everyday citizens.

“I think people can make their own decisions and a requirement to wear a mask should not be mandated,” said Ricky King, former Glendale City Councilmember and Glendale employee for 22 years.

Citizen Comment: Morgan Watters spoke at both the special meeting held on July 14 and the regularly scheduled July 21 meeting. She was supportive of Tri-County’s mask order but appeared to ultimately understand the action taken by Glendale City Council.

Public comments lasted just under one hour and after listening to all testimony, City Council decided to consult with their constituents individually and reconvene on Tuesday, July 21, 2020.

TCHD’s Dr. Douglas’ Antics Condemned

Dr. Douglas

Strangely, Sirota approached Deputy City Manager Chuck Line on a number of occasions referring to emails she was receiving from the head of TCHD, Dr. John M. Douglas, indicating that TCHD was going to change the order to address the household controversy. It is a mystery why Dr. Douglas would communicate with Sirota who does not live or work in Glendale, rather than with Glendale officials.

The general disgust with the antics and lack of professionalism of Douglas was exemplified by the comments of Glendale City Manager Linda Cassaday at the meeting. She pointed out she had been on a two hour Zoom conference call with Douglas who failed to ever note the same to her. It was apparent that Douglas was watching the

Glendale proceeding on the live stream and was making positions up as the meeting was going on. In fact, as of the July 21 meeting no changes had, in fact, been made. After the meeting there were calls for the immediate resignation of Dr. Douglas from TCHD.

Sidekick: Emily Sirota, District 9 House Representative, teamed with Tay Anderson on opposing citizens who did not agree with their position. She, along with Anderson, were called an “embarrassment” by some.

Sirota is the wife of David Sirota, author, journalist, former radio host, and former writer for Bernie Sanders. David Sirota has many friends and acquaintances in Glendale and so his wife’s conduct shocked many people. One attendee stated: “I really like David, but she is apparently just an ultimate ‘Karen.’ Why she wants to be the sidekick to an obese, balding, bully punk like Tay Anderson is beyond me. She is not the person I assumed her to be. Unlike David she sure isn’t making any friends among the residents of Glendale or anywhere else from what I can tell.”

Governor Polis Intervenes

But upending the applecart on Thursday, July 16, 2020, Governor Polis issued a statewide mask mandate as the number of COVID-19 cases were showing what he called a “significant uptick.” The order for wearing a face mask applies to everyone in the state who is age 10 and older whenever they are anywhere in public and indoors. People who have medical conditions or disabilities that prevent them from wearing face masks are exempt. On July 21, he issued another edict, last call for alcohol is 10 p.m., effective for 30 days. The question for Glendale then became supporting the Governor’s order or that of TCHD.

At the Glendale City Council meeting on July 14, 2020, Deputy City Manager Chuck Line explained that among the problems with the TCHD’s mandate is that it groups people into “households” instead of simply limiting a group’s size in restaurants, businesses and outdoor recreation. This means, under TCHD’s mandate, people must wear a mask and maintain six feet of social distancing while at restaurants, businesses and outdoors unless they reside in the same home. It was pointed out that the average age in Glendale is 27 and 58% of the residents live alone in apartments. That means that a majority of Glendale residents could never go to a Glendale restaurant with anyone, including their parents and children.

The TCHD mandate appeared to have been drawn for wealthy individuals in single family homes in towns like Cherry Hills Village and not urban areas like Glendale where there are only two single family homes.

Council Takes Action

At that meeting the City Council voted 7 to 0 to support the Governor’s mask order and opt out of the TCHD order. The vote was almost unanimously praised at the podium by speakers from residents and business owners alike.

Social Distancing Looms As Triple Threat To RTD Recovery

Social Distancing Looms As Triple Threat To RTD Recovery

Drowning In Debt, RTD Now Needs Three Times

The Equipment, Operators For Pre-Pandemic Passenger Load

by Glen Richardson

It has been a ridership roller coaster for RTD buses and trains since the pandemic hit in March, and the roads and tracks ahead look bleak. The ritual of standing shoulder-to-shoulder with strangers during rush hour is history, eradicated by the coronavirus.

Triple Threat: RTD needs to triple the number of trains and buses it has in order to serve the same number of passengers the agency had prior to the pandemic.

While the agency grapples with a path forward, it also faces plummeting ridership and tax revenue. Even if RTD’s financial projections — originally forecast as a $1.1 billion revenue loss through 2026 — drops to just 9% vs. the originally predicted 24% — the road ahead remains treacherous and volatile.

Social distancing rules will not only impede but essentially preclude a rebound. Why? To operate what was a pre-pandemic commuter load back in January, now requires three times the equipment and operators because of the cap on number of passengers. Bottom Line: The agency will likely not be able to restore service to its pre-pandemic levels — or anything close to it.

Huge Debt Burden

RTD was in a delicate financial spot even before the coronavirus. By adding five new train lines since 2012 — a fifth is expected to open in Sept. — the agency is drowning in debt. RTD is due to pay $252 million in debt and interest this year alone. That’s why the agency had made a $40 million cut in its 2020 budget. Even if RTD loses significantly less than the quarter-billion dollars originally projected for 2020, the budget is still a full blown problem.

RTD’s FasTrack program has never met the yearly forecasts following voter approval of the package in 2004. The recession that followed made the difference between forecasted and actual revenue even larger. Thus, RTD took out loans to build many of the train lines it promised voters in 2004.

That’s why now it’s saddled with massive debt payments. RTD now estimates that more than 90% of the $194 million in FasTracks sales tax revenue it expects to collect in 2021 will go to debt service.

Cost Cutting

Crowded Cars Eradicated: Standing shoulder-to-shoulder with strangers has been eradicated by the coronavirus. As a result RTD now needs three times the equipment and operators for a pre-pandemic passenger load.

“We have an incredible system right now but it came as an expense,” admits Heather McKillop, RTD’s financial officer. “It comes as a long-term expense that has to be paid off.”

In addition to the lower-than-expected sales tax revenue, staff must also deal with higher-than-expected operations and maintenance costs for its new train lines plus an aging system that needs repair.

The agency is now cutting cost by delaying projects and freezing administrative hiring. RTD is also reportedly considering furlough days for all workers. Collective bargaining agreements with drivers, however, don’t allow for furloughs and likely won’t apply to them. Given the recent hiring and retention problems with drivers, that is probably a good thing.

Altering Schedules

Among the possible solutions is altering schedules to avoid crowded trains while increasing frequency throughout the day rather than being concentrated at rush hour. That assumes, of course employers are willing to stagger work hours to ease crowding in public transportation. Even so, the agency must demonstrate that the system is clean, safe and that social distancing is mandated.

Aging Buses: As coronavirus costs soar, RTD must also maintain an aging bus line that needs repair. In addition, operation and maintenance costs for new train lines is higher than expected.

As with so many other businesses, the scary part for RTD is the potential duration of the crisis — it isn’t going away anytime soon.

RTD resumed fare collection and front-door boarding on all buses July 1 and passengers are required to wear face covering. Nevertheless they’re only buying time with the virus, they’re not removing it from the equation. The agency must also face the fact many previous riders may continue to work remotely — even if only some of the time — when the coronavirus ends.

Reimagining RTD

“The world has changed, we recognize that and we are reimagining RTD to support this new normal and these new challenges,” says Bill Van Meter, assistant general manager of planning.

Much of RTD’s budget gap for 2020 will be funded by a large grant from the Coronavirus Aid, Relief & Economic Security Act (CARES). RTD leadership admits, however, that they cannot count on a second round of funding.

The agency is continuing to reduce costs and streamline to close the large financial gap. Cuts made to the 2020 budget under the worst-case scenario may result in a surplus by the end of the year, which would be carried forward to the 2021 budget. That would help offset projected losses of sales and use tax revenue, decreased fare collection and the unlikely allocation of additional CARES Act funding.

Riding Healthy

Healthy Ride: Beyond social distancing, electrostatic cleaning of cars is an added burden for agency saddled with huge debt, higher-than-expected operations and maintenance costs for its new train lines plus an aging system that needs repair.

Denver and state health officials say social distancing — at least six feet from other passengers — must be maintained. RTD claims it is adding additional vehicles on busy routes to help maintain the required space between passengers.

RTD is also requiring face covering among both passengers and operators. Staying quiet, as conversation — especially yelling or singing — amplify the spread of the virus. “A quiet car is a safer car,” they say.

Finally, health officials urge passengers to use hand sanitizers or wipes after riding buses and trains.

Can City Come Back From Protests, Pandemic, Plus A Plunging Economy?

Can City Come Back From Protests, Pandemic, Plus A Plunging Economy?

Largest, Most Costly Riots In History Devastate Denver; City Has $226 Million Budget Gap, Up $46 Million In A Month 

by Glen Richardson 

Already reeling from three months of city-state coronavirus shutdown orders, more than a week of protests and riots against racism and police brutality have left Denver devastated. Clashing with police, rioters looted and caused nightly property damage to businesses just as they were beginning to reopen.  

Riots Devastate Denver: More than a week of nightly protests and riots against racism and police brutality have devastated Denver. The riots are the largest and most costly in Denver’s history. Photo: Hart Van Denburg, CPR News 

In size, scope and scale, the riots are the largest and most costly in Denver’s history. Protests were longer and more destructive than any previous race riot dating back to the1880 Chinese Halloween riot on Wazee St. Neither the Holy Week protest following MLK’s Assassination or the Chicano Crusade for Justice were of the same magnitude or duration.  

The Mile High City’s worst previous riot happened when the Denver Broncos won their first Super Bowl in January 1998. Thousands of fans went on a rampage overturning cars, looting and vandalizing city buildings. Smaller scale disturbances have followed other Broncos championships plus when the Avalanche won their first Stanley Cup in 1996 and again in 2001. 

Capitol Carnage 

Near the Capitol on Colfax Ave., down the 16th St. Mall and along South Broadway, businesses were boarded-up nightly on block after block. Many had done so as a safety precaution, but others covered damage or the properties had been vandalized. Corporate and privately owned establishments large and small worried about insurance coverage as their bank accounts, hopes and dreams drained. Since businesses were just reopening following the pandemic, employers are considering whether to postpone or return workers to downtown job sites. 

Battered by days of protests, nine state buildings, including the State Capitol and adjacent monuments, were damaged or defaced. It included every set of stairs to the Capitol building, every sign, plus lights that line the walkway. Many trees plus the building’s parking lots were also damaged. Some second floor windows were smashed by rocks, including windows at the offices of Gov. Jared Polis and his chief of staff. Windows on the truck of Senate President Leroy Garcia parked outside the Capitol building were also shattered. Restoring-replacing marble, granite, brass and glass doesn’t come cheap. The state is self-insured for up to about half a million dollars. 

Rent Roulette: June was the second straight month Denver rents decreased. City may face a serious decline as huge complexes such as the Deco Apartments on Colorado Blvd. open. 

Downtown rioters claiming to seek justice, ironically vandalized a monument honoring victims of injustice. Known as the Khachkar Memorial to the Armenian Genocide, it commemorates the victims of all crimes against humanity, including racism and slavery. Initial assessment of riots by the Downtown Denver Partnership suggest that slightly more than half of the damaged properties were along the 16th Street Mall. 

Budget Gap Grapple 

Overtime costs for large groups of police plus the Colorado National Guard on the ground during the riots will add millions of dollars to the city’s growing budget deficit. Denver is now facing a $226 million projected budget gap for 2020, up $46 million from what the city projected just a month ago (Chronicle June).  

Marathon March: More than 3,000 Denver Public Schools students and alumni trooped down Colfax Ave. on May 7, the 11th consecutive day of protests in Denver. 

As riots stoked Denver’s financial slide, the city is reaching out to its landlords seeking rent relief. It is a tenant in 15 leases, including the Denver Post Building. Denver recently agreed to a $10 million sublease for an additional 92,000-sq.-ft. on the Post’s ninth floor. That’s in addition to space leased on floors one, seven and eight, where the city will spend about $32 million over the course of those leases. 

City departments working in the Post building include Parks & Recreation, Public Health & Environment, and the Office of Emergency Management. On May 4 the City Council unanimously approved a measure proposing to defer rent for three months in exchange for extending each lease term by three months. 

Rent Heebie-Jeebies 

With the city’s massive apartment buildup and more units expected to open in the coming months, officials are nervously watching how Denver’s rent trends will impact the city’s outlook. Denver rents declined 0.4% in June, and are down slightly compared to the same time last year. 

Human Hurricanes: Downtown was boarded up as human hurricanes raged nightly for more than a week. Some covered damage or vandalism, others were a safety precaution.ٌ 

Currently, median rents in Denver stand at $1,067 for a one-bedroom and $1,351 for a two-bedroom apartment. June was the second straight month that the city has seen rents decrease after an increase in March as the pandemic hit. 

Denver’s year-over-year rent growth lags the state average of 0.3%, as well as the national average of 0.8%. The dips are occurring at a time when rent growth normally picks up steam seasonally. If the trend continues it could lead to tighter competition for rental units at the middle and lower ends of the market, while luxury vacancies get harder to fill. 

Cost Cutting 

To battle the double-barreled economic hit, city officials say they plan to mitigate through furloughs, spending cuts, hiring slowdowns and investment prioritization. Furloughs are mandatory days off without pay. City employees must now take eight furlough days — five scheduled and three flexible — in 2020, which Mayor Hancock believes will add about $16 million back to the city’s general fund.  

Of the approximate 12,000 city employees, all nonuniform employees will be required to take the furloughs. Uniformed employees, who are under collective bargaining agreements, are not required to take them — nor are elected officials, 

Mayor Hancock says, however, that Denver is expediting city construction projects which he claims will, “Keep the whole ecosystem of the economy moving.” 

Remodel Rein-In 

Nevertheless, the Mayor has put a crucial portion of Denver’s massive National Western Center campus remodel on hold. The city’s ramshackle National Western Complex — home of the National Western Stock Show & Rodeo — is supposed to be made over into a hub where food and agricultural science meet arts and entertainment.  

Hold Your Horses: As city’s financial woes worsen a key portion of the National Western makeover has been put on hold. Known as the Triangle, a 10,000-seat arena would replace the Denver Coliseum to host the stock show and concerts. 

A combination of voter-approved tourism taxes and private investors are meant to pay for the project wedged between I-70 and the Platte River in Elyria-Swansea. 

On hold is a key portion of the campus, known as “the Triangle” (named for its shape), with a 10,000-seat arena to replace the Denver Coliseum and host the stock show, concerts, and other events. A new exposition hall and the restoration of a 110-year-old building, which may be converted into a market, are also paused. The Triangle portion of the $1 billion National Western project is estimated at $528 million. 

Denver’s ‘Touchy Feely Judge’ Accused Of Sexual Assault In Lawsuit

Denver’s ‘Touchy Feely Judge’ Accused Of Sexual Assault In Lawsuit

Andrew S. Armatas Member Of City’s Ethics Board 

by Robert Davis 

In a stunning civil lawsuit filed in United States District Court in Denver the powerful and highly politically connected Andrew S. Armatas is accused of sexual assault by a former judicial assistant. Armatas was originally appointed to the bench in 1990 by Mayor Federico Peña and was made the chief presiding judge in 1995 by Mayor Wellington Webb. He retired as chief presiding judge in 2013 but thereafter filled in when other judges were absent.  

Judge Touchy Feely: Andrew S. Armatas  (photo from 2000) who was the chief presiding judge for Denver County Courts for over a decade and a half has been accused of sexual assault in a blockbuster lawsuit filed in Federal District Court, at left. Armatas is a current member of the five person Denver Ethics Board. 

Armatas is an active member of the five member Denver’s Ethics Commission having been appointed in 2013 by Mayor Michael Hancock who has faced various allegations of sexual misconduct himself while in office. 

The Lawsuit 

The Complaint in the case captioned Rebecca Norris v. City and County of Denver Case No. 20 CV 1226 was filed on May 1, 2020, and lays out a litany of alleged misdeeds by the judge regarding various women at the courthouse one of whom indicated that Armatas was known as Judge “Touchy Feely.”  

The lawsuit alleges job discrimination and retaliation under federal and state law with Ms. Norris being fired in January 2019. She was hired in 2007 as a judicial assistant in Denver County Court and received Employee of the Year Award twice. She asserts she was fired in retaliation for her accusations against Judge Armatas, accusations she says the City ignored for more than two years. 

According to the lawsuit, Norris claims she first complained about Judge Armatas in the summer of 2016. The lawsuit says she was working in an empty courtroom when Judge Armatas walked in and sat “uncomfortably close” to her. It also says Judge Armatas said to her, “You look like you like to get dirty. You look like you could get wild.” The Complaint declares “Judge Armatas then immediately made unwelcomed physical advances toward (Norris), kissing her and touching her breasts prompting her to scream at him to get away from her and demanding that he leave, whereupon Judge Armatas quickly left the courtroom.” The lawsuit says Norris informed her immediate supervisor that same day what had happened. 

The Termination Letter 

While efforts to reach Judge Armatas by the Chronicle have not been successful, his side of the story is at least partially laid out in the City’s Termination Letter to Ms. Norris of which the Chronicle has obtained a copy. The termination letter states Norris’ supervisor denies being told anything. It says Norris told inconsistent stories about what happened with the Judge and changed the date of the alleged incident after she learned the Judge was out of state that day. The termination letter says, “The evidence is clear that you made false allegations of a very serious nature against a judge in order to avoid discipline. The accusation that you told your supervisor immediately after the assault occurred and she did nothing in response is untrue and disturbing. You have betrayed the trust of the County Court with your dishonesty and false reporting.”  

The Termination Letter asserts that Norris only brought up the allegations after she was under investigation for inappropriate comments to a co-worker. The Complaint, however, asserts that Judge Barry Schwartz confirmed that Norris advised him of the alleged assault before the disciplinary investigation. In the Com-plaint there are various other individuals identified who Norris told about the alleged assault on or about time the alleged assault occurred. 

Norris’ attorney Kenneth Padilla responded that “This is a classic example of victim blaming. My client reported the sexual assault to her supervisor by phone immediately and her supervisor told her to take the day off. Furthermore, it was not documented by the city whatsoever. So reconstructing it three years later is very difficult. . . . Telling them they don’t have the right date, or you don’t remember everything. This happens frequently in sexual assault cases, they try to victimize the victim.” 

Denver Ethics Board 

In a bit of irony Judge Armatas was appointed to the Denver Ethics Board in 2013 by Denver Mayor Michael Hancock with his most recent term ending in 2021. Hancock was accused of sexually harassing a female police officer assigned to his security detail and the City paid a significant settlement in the case, but Hancock managed to avoid any discipline. Cases of sexual harassment are handled by the Office of Human Resources who developed a new sexual harassment training program for other city officials but cleared Hancock of any wrongdoing. It has been asserted that in the City and County of Denver there is one set of rules for the powerful like Mayor Hancock and former Chief Presiding Judge Armatas and another for everyday employees. 

Birds Of A Feather: Denver Mayor Michael Hancock who has been accused of sexually harassing a female member of his police detail as well as being a john for a prostitution house in Denver, appointed Judge Armatas to the Denver Ethics Board in 2013 and reappointed him in 2017. 

Bankruptcy 

The Norris Complaint is not the first brush with notoriety for Judge Armatas. In March 1995 just two months after being raised to Chief Presiding Judge for Denver’s County Courts by former Mayor Wellington Webb he filed for federal bankruptcy under Chapter 7. He listed a mere $16,094 in assets, with and extraordinary $2,659,035 in liabilities. Patty Calhoun in her article in Westword (April 5, 1995) stated that Armatas’ explanation of the 1980s downturn in the real estate market leaves “a real odor in the court.” 

The article notes that “when Mayor Wellington Webb asked Armatas to become the presiding judge, Armatas had to know that his bankruptcy filing was imminent. Rather than show judgment, though, he accepted the appointment.” The article goes on to note of the sealing of the divorce records of Armatas and federal tax liens filed against him 

Allegations By Other Women 

The federal Complaint by Norris set forth a myriad of other allegations by women working in the Denver County system which will be extremely embarrassing for Judge Armatas if allowed in the court proceedings. In July of 2018 Norris retained the services of Employment Matters, an outside consulting firm to help investigate her allegations and that of others. The Complaint states (underlines added): 

“Nicole Coburn . . . who was employed by the [the City] as a courtroom clerk stated that Judge Armatas asked her out for drinks several times . . . that he asked for her phone number and that she gave it to him, thinking it was just to talk about work, but ‘then it got weird’; that he texted her on different occasions; that he asked her to meet him for drinks on weekends and after work; that she thought his behavior was creepy because he kept coming to her work area asking to go out with him and because ‘he’s so old.’ Judge Armatas was in his seventies and Ms. [Coburn] is in her thirties.” 

“Stacie Beckwith, the Finance Manager for the Denver County Court, informed the Clerk and chief administrative officer of the Denver Count [sic] Court, Terrie Langham, that Judge Armatas had asked her out for coffee; that when she met him Judge Armatas asked her whether she had informed her husband about their meeting, that when she told Armatas that she told her husband everything, Judge Armatas responded that he didn’t tell his wife, touching her hand as she was holding her coffee cup in a way that she felt to be flirtatious and highly inappropriate . . . .” 

“Connie Strehler, another Denver County clerk, stated that she worked in the adjoining courtroom that shared space for the courtroom clerks where Judge Armatas worked and that therefore, she had frequent contact with Judge Armatas. Also she said that after Judge Armatas retired, he filled in for her judge; that Judge Armatas always liked to hug female employees of the Denver County Court; that she did not appreciate Judge Armatas hugging her; . . . that Judge Armatas was known as Judge “Touchy Feely”; that Judge Armatas liked to hug a lot and that he hugged ‘the ladies.’ Not just her; and that on one occasion Judge Armatas caressed her hand, rubbing his hand on top of her hand, in a way she did not appreciate.” 

The City has yet to file an Answer but a Scheduling and Planning Conference by phone has been set for August 12, 2020. The case has been assigned to recently appointed Federal District Court Judge Daniel D. Domenico.