by Mark Smiley | Aug 3, 2015 | Main Articles
McCrimmon And Six Other Citizens Sue Every City Council And
Planning Board Member But Kudla Scores Free Land From City Council
by Charles C. Bonniwell
Seven citizens who own homes and business property in Denver adjacent to the Mount Gilead Parcel that has been rezoned for high density have brought suit in Denver District Court against the Denver City Council and each of its members in their official capacity as well as the Denver Planning Board and each of its members in their official capacity. The seven citizens are: Arthur Keith Whitelaw III, John Derungs, Katherine K. McCrimmon, Laura Pitmon, Denise Sigon and Alan and Rita Singer. Attorney for the plaintiffs is Gregory Kerwin of the national law firm Gibson, Dunn & Crutcher LLP.
The suit alleges that the City Council and the Planning Board failed to follow the city Zoning Code and violated their obligation to observe their quasi-judicial obligations and instead their decision appeared to be based on campaign contributions. The suit also alleges that Planning Board member Jim Bershof had a direct conflict of interest acting as Property Owner Representative and as “Point of Contact for Application” along with developer Peter Kudla.
Peter Kudla and Metropolitan Homes were not finished obtaining the Denver City Council giveaways. On July 27, the Council vacated 34 feet along South Monaco Parkway resulting in Kudla and Metropolitan Homes gaining approximately a half acre of land for no consideration. Resident Caroline Schomp declared regarding the latest transaction, “The developers win again!”
The lawsuit alleges that District 5 Councilperson Mary Beth Susman and her staff had extensive ex parte contacts with developer Peter Kudla as well as well as with other Denver councilpersons concerning the Mt. Gilead property.
Experts indicate that if the plaintiffs’ attorneys are able to depose Denver councilpersons about their meetings with Kudla and his agents about the project it could expose how zoning decisions are actually made in the City and County of Denver and it could expose the fact that City Council hearings are not, in fact, quasi judicial, but simply a matter of political muscle applied by developers.
Neighborhood activist Richard Witholder noted, “This lawsuit could rip away the veneer of fair hearings in zoning matters in Denver and expose the incredible corruption of it all. This could be a real game changer for not just the Mt. Gilead property, but all of the controversial decisions over the last several years. You know that Peter Kudla does not want how he really operates in this town out in the open.”
However, citizen suits against the City and the City Council for their zoning decisions have, to date, met up with little success. Lawsuits by citizens regarding Hentzell Park, West Highland, Sloans Lake and Buckley Annex/Boulevard One have all been dismissed by Denver District Court judges who repeatedly refuse to even allow a single claim to ever go to a jury in a single case. The stonewalling by Denver District Court judges has left some residents outraged.
One local attorney who did not wish to be identified stated, “To be appointed a Denver judge one has to be politically connected, and so many of the judges are fully part of the sleaze that permeates the entire City and County complex. The incredible corruption and brutality of the Denver Sheriff’s Office was only exposed because a suit was brought in federal court in front of Judge John Kane. The local Denver courts allowed the misconduct and corruption to continue on unfettered year after year, case after case and they never did anything about it. Denver’s citizens need to get a change of venue out of the City and County of Denver or to federal District Court to have any chance of a fair hearing.”
Others are however much more sanguine. “They have an extraordinarily strong case,” stated Witholder. “I don’t see how the Denver Courts can just throw this suit out the window as it has so many others. It’s finally time that ‘judicial review’ actually means something in this city. If this suit proceeds it will change how business is done in this city for a long time to come and there are going to be a great number of red-faced and potentially disgraced city council members. The powerful in Denver are terrified about the potential of this case and that is a very good thing for the average citizen.”
by Mark Smiley | Aug 3, 2015 | Main Articles
Reiterates No Condemnation
Kholghys Still Not Pleased – Reject Offer
by Mark Smiley
The City of Glendale sent out a press release confirming that it had offered M.A.K. Investment Group, LLC, the owners of Authentic Persian and Oriental Rugs and the surrounding land, $11 million for the land which M.A.K. Investment Group, LLC acquired for $6.5 million in 2006. The price was determined by an independent appraisal ordered by the city from the well respected Colorado firm Chase & Company. The press release declared that the “Glendale Urban Renewal Authority has taken no action to condemn the property and has no intention to do so in conjunction with this project.” M.A.K. Investment Group, LLC is an entity owned by the Kholghy family from Iran.
Notwithstanding the city’s repeated assertions that it has no interest in condemning M.A.K.’s property the Kholghy family has undertaken a massive anti condemnation public relations campaign with the help of Virginia based Institute for Justice and the far right wing paramilitary group the Oath Keepers.
Merchants Of Hate
Former Republican Congressman Tom Tancredo, accused of using virulent anti Hispanic rhetoric, is another supporter of the Kholghys. Tancredo had the Kholghys on his co-hosted radio show on 560 KLZ until the owner of station had Tancredo removed from the air. Glendale has a large number of Hispanics both legal and undocumented. Tancredo, who is famous for wearing a hat emblazoned with the “Border Patrol” on it, headlined one or more rallies held by the Kholghys. Some African Americans and Hispanics in Glendale are outraged by the conduct of the Kholghys. They accuse the Kholghys of using the allegedly racist paramilitary group the Oath Keepers and former Congressman Tancredo to intimidate and harass minorities in the city who might oppose the Kholghys’ plans.
Few individuals in Glendale in the minority community can afford the very high end costly rugs sold at Authentic Persian and Oriental Rugs and some have claimed minorities are treated with disrespect when they go to the store. The Kholghys have denied the same as well as allegations that they are b
igots.
Glendale businessman Barret O’Brien, who is on the Board of Directors of the Greater Glendale Chamber of Commerce, stated, “Just look who the Kholghys employ and have as supporters. Glendale is a wonderfully diverse place with a large number of minorities. When Tancredo, the Oath Keepers and the Institute for Justice are your supporters it tells you everything you need to know about what the Kholghys and their backers are all about. The Kholghys are definitely not nice people and I don’t know any community in Colorado that would want them moving into town after what they have pulled in Glendale.”
Nasrin Kholghy was not pleased with the City’s offer. She told the Denver Business Journal: “We have repeatedly said that we do not want to sell our land. We have a more family-oriented vision for it than the City of Glendale has.”
The last statement has some observers wondering what exactly she meant by a “more family-oriented vision” considering the Kholghys’ neighbors are Shotgun Willie’s adult nightclub and Fascinations, an adult superstore that sells sex toys and the Kholghys themselves rent to a marijuana shop on their property. Observers indicated that the Kholghys, in fact, hope to ignore or av
oid the city’s zoning and master plan by building large scale apartment buildings next to the creek.
The Kholghys have also indicated a desire to build within the Cherry Creek flood plain which would appear to violate federal and state law as well as enraging environmental groups. A large number of apartment houses would in effect destroy the proposed entertainment district to the benefit of the Kholghys but the detriment of all other property owners along East Virginia Avenue and make congestion along Colorado Boulevard significantly worse than it already is according to traffic control experts.
Glendale 180 Proceeding
The City of Glendale also announced that it was moving ahead with its proposed Glendale 180 entertainment district sans the Kholghys. A downtown development authority has been established which is to be approved by the landowners in an election this fall.
Key Glendale businessman David Peterson, who is a co-owner of the Bull & Bush Brewery as well as a director on the Greater Glendale Chamber of Commerce, stated, “We applaud the City’s actions to provide a fair and transparent process around the creation of Glendale 180.” He went on to note, “Today, we are one step closer to Glendale becoming a world-class destination for the entire Denver region.”
by Mark Smiley | Jun 25, 2015 | Main Articles
Courtesy Voting Abandoned To Aid Developer
Citizens Consider Suing The City, Metropolitan Homes And Its CEO Peter Kudla
by Charles C. Bonniwell
The residents of Hilltop, Crestmoor and Lowry were encouraged when Councilwoman Mary Beth Susman voted at the June 8 City Council meeting against a proposed high density apartment house development on the 2.3 acre site at Cedar and Monaco that once housed a church. But their hopes were dashed when the City Council, in a lame duck session nonetheless, approved the rezoning and the project of Englewood based developer Peter Kudla of Metropolitan Homes by an 8 to 4 vote by abandoning courtesy voting, a City Council tradition for over 25 years.
Five of the 8 votes for the project (Jeanne Faatz, Charlie Brown, Susan Shepherd, Chris Nevitt and Peggy Lehman) were lame duck council members, while among the council members voting no only Jeanne Robb will be out of office come July.
For over 25 years the concept of “courtesy zoning” has been used against neighborhood groups whereby Denver City Council members by large margins voted similarly to the councilmember whose district a proposed development is housed. Courtesy voting was originally instituted in the 1980s as council members found projects being approved they adamantly opposed in their district by council members who came under the control of real estate developers. Over time real estate developers adjusted and were benefited by courtesy voting as they needed to control only the council member in the respective district a proposed development was in. Controlling a single council member was a great deal less expensive for real estate developers than gaining a majority on the council.
Neighborhood groups have become increasingly active after council members ignored their concerns and rubber stamped high density projects in their neighborhoods for the benefit of politically connected real estate developers. In the most recent Denver election three pro neighborhood candidates, (Wayne New, Paul Kashmann and Rafael Espinoza) prevailed over heavily financed candidates backed by real estate developers, lobbyists and Denver Mayor Michael Hancock. The winning candidates represent over 27% of Denver’s landmass and most of the areas that real estate developers want to develop including Sloan’s Lake, Cherry Creek North, the Golden Triangle, Washington Park and the Highlands.
It was rumored that the real estate developers i
ntended to change the informal rules they had exploited for so long in order to continue to have high density projects approved in the most desirable neighborhoods in Denver. Retiring Councilman Charlie Brown indicated after the Crestmoor Park vote that, “Councilman-elect Paul Kashmann declared in a debate with Liz Adams [who Brown endorsed] that he wanted to put an end to ‘courtesy zoning.’ Well he is going to get his wish.”
Similarly retiring Councilwoman Jeanne Faatz before casting her vote against the neighborhood groups stated she was going to cast a “non-courtesy” vote.
Councilwoman Mary Beth Susman expressed extreme disappointment that her fellow council members did not agree with her arguments against the project. She noted, “The site was in an ‘Area of Stability’ under Blueprint Denver as well as not being in a transit service area. It did not fit any of the guidelines where redevelopment is supposed to occur, but that didn’t appear to matter for a majority of the Council.”
Nevitt Response Angers Even The Post
Lame duck Councilman Chris Nevitt who lost the auditor’s race to Tim O’Brien even though he outspent him 10 to 1, appeared to express the thinking of council members backed by real estate developers. He indicated that no zoning or other restrictions should now ultimately apply in Denver as Denver residents had a moral obligation to support high density throughout the city in order to prevent urban “sprawl” in the suburbs. That viewpoint was apparently too much even for The Denver Post which in an editorial on the vote argued that “stable neighborhoods shouldn’t be expected to offer themselves as sacrifice zones for the alleged greater good of limiting growth in the far reaches of suburban counties.” It was also pointed out that the destruction of Denver single family neighborhoods by the City Council had done little to slow down growth in suburban counties.
It is expected that Nevitt is going to be hired by Mayor Hancock for a position in the administration regarding real estate development where he can put his development concepts into city policy. Individuals close to Nevitt have indicated that he has not given up the idea that he should be the successor to Hancock as mayor of Denver and he believes that real estate developers will continue to support him in his future political endeavors even though voters rejected him this spring for citywide office.
Fear And Loathing Of Peter Kudla
Residents who fought the project generally had a very low opinion of Metropolitan Homes CEO Peter Kudla who spoke at the City Council meeting, “I do believe in myself as a responsible developer and builder.” That statement drew gasps of disbelief from some members of the audience.
One of the leaders of the neighborhood opposition, Katie McCrimmon, a former reporter for the Rocky Mountain News, said of Kudla, “He is a bully who brought New Jersey ethics and New Jersey brashness to Denver. With the help of well paid lobbyists and lawyers he got everything he wanted from the City Council and the residents got nothing. You cannot in my opinion believe anything he says.” She pointed out that his other projects including one at Lowry and the massive Vallagio at Inverness development have had their share of problems including at least one lawsuit.
Another activist who did not want to be identified for fear of Kudla stated, “He is a vertically challenged thug who likes at times to dress like a gangster. When he walks into a room you feel physically repulsed by him. That is the type of human being the Denver City Council thinks it should entrust to destroy our neighborhoods.”
McCrimmon had a warning for the rest of Denver, “If you have a church in your neighborhood that is in any way distressed beware. There is a developer out there that will buy and change it into a massive apartment project and the city will do nothing but help the developer. The precedent has been set with the Mount Gilead property. Blueprint Denver and zoning laws are now irrelevant in this city.”
Was The Vote Crooked?
Many of the residents believed directly or indirectly the vote was crooked. McCrimmon points that hours after the 2 a.m. vote fences went up around the property. “Those fences had to be pre-ordered and it looks like so was the vote,” asserted McCrimmon.
Some of the residents believe that Susman’s opposition was in name only and that she made it known to other council members that she was in fact in favor of the project. They point to the scheduled March vote which was suddenly delayed under, they believe, the ruse to supposedly “better understand the process and timing” and work out modifications according to an email by Councilwoman Susman.
Neighborhood activist Christine O’Conner emailed Councilwoman Susman, “I trust that you do not believe what you wrote . . . This is another fairy tale you are telling. The developer and ‘team’ know the ‘process’ inside out.” Residents opposing the project also point out that Susman voted in committee to bring the project to the full Council which is unusual if she was, in fact, opposed to the project.
Lisa Pardo, who was on the steering committee for the “Friends of Crestmoor Park,” asserted “the date was quickly moved for a vote in front of a lame duck City Council with no accountability, and although this is undemocratic, she [Susman] did nothing to prevent or protest it. I don’t believe they [Kudla and Metropolitan Homes] would have prevailed otherwise.”
Both council members Brown and Susman vigorously denied to the Chronicle that the vote was rigged to prevent Susman from having to make a highly unpopular vote with her constituents.
Neighborhood groups are apparently seriously considering a lawsuit concerning the vote and the actions of the City and County of Denver regarding Crestmoor Park. As of press time no formal announcement or filing of a complaint had occurred.
by Mark Smiley | Jun 24, 2015 | Main Articles
Parks Head Dannemiller Dumped By Hancock
Kevin Flynn
by Charles C. Bonniwell
Neighborhood activist Wayne New will be sworn in as a Denver City Councilman on July 20, 2015, after a battle royale runoff against Mayor Michael Hancock’s handpicked candidate Anna Jones, a former member of the Denver Planning Commission, in a close vote 52% to 48%. The mayor and his real estate developer and lobbyist backers pulled out all stops to defeat New even going as far as bringing in the State Democratic Party to weigh in on the election. The party faithful canvassed neighborhoods to assert that New had at one time been a Republican and had given U.S. Senator Cory Gardner $250 in his election race.
The tactic may have backfired as some local Democrats resented the mayor trying to turn a nonpartisan municipal race into a partisan one. Numerous leading Democrats across the city began endorsing New. The fact that Jones was the mayor’s pick and had been a member of the ethically challenged Denver Planning Commission hurt her with some voters. The Denver Planning Commission all of whose members are appointed by the mayor, has in re
cent years been seen as little more than a rubber stamp for real estate developers’ plans to massively increase density throughout the city. Jones, in turn, attacked New claiming he did not give enough attention to developing more affordable housing in the 10th District which covers Cherry Creek North, the Golden Triangle and Congress Park.
Money For Jones, Volunteers For New
While Mayor Hancock and his allies such as Steve Farber of Brownstein Hyatt Farber and Schreck, LLC and Maria Garcia Berry of CRL Associates were raising unprecedented amounts of money for Jones (in excess of $135,000 according to The Denver Post election Campaign Finance Report) nei
ghborhood groups throughout the city were mobilizing on behalf of New. Rafael Espinoza the winner in the general election over incumbent Susan Shepherd in District 1 not only endorsed New but sent scores of his volunteer army to the 10th District to knock on doors and get out the vote for New. Backers of former Washington Park Profile publisher Paul Kashmann who defeated the mayor’s candidate, Liz Adams, in District 6 in the May 5 General Election also volunteered for New as well as back-
ers of upset victor Tim O’Brien who will be the new City Auditor. One of the key Kashmann and O’Brien supporters who worked the Golden Triangle neighborhood for New was popular former Denver Councilwomen Kathleen McKenzie.
Despite the victory of New, as well as other neighborhood oriented candidates, it is not clear whether things will change at City Hall. Trish Abbott declared, “We now have three people who will fight for our neighborhoods — New, Espinoza and Kashmann — and they will fight the sleaze and corruption at City Hall.” Abbott cautioned however, “In the same election the so-called ‘dirty d
uo’ of Stacie Gilmore and Kendra Black also won seats and they will do as instructed by Farber and Garcia and of course real estate developer Pat Hamill.”
It is also unclear which side the former Rocky Mountain News reporter Kevin Flynn, who won in the 2nd District, is on. Both he and his opponent John Kidd were support-
ed by the real estate developers and lobbyists. Nobody knows for sure whether he will join the three recently elected pro neighborhood councilmen or fall under the sway of the mayor. Espinoza indicated that th
e pro neighborhood group of councilmembers is also looking for allies among re-elected members and they have hopes for Councilwoman-at-Large Debbie Ortega and re-elected Councilman Paul Lopez.
Dannemiller Dumped
In a separate but perhaps related move, Mayor Hancock refused to reappoint Lauri Dannemiller as the head of Parks and Recreation. The controversial Dannemiller had destroyed her reputation with some by refusing to follow her Parks and Recreation Advisory Board vote not to sell off Hentzell Park land for a development supported by Mayor Hancock. She also helped the mayor throw independent pro-park members off the Parks Advisory Board who voted against the mayor and helped put on the Board real estate lobbyists like Marcus Pachner.
Some neighborhood activists were surprised. “Lauri Dannemiller became a loathed individual in many circles in Denver for giving away the Hentzell Park land and destroying the independence of the Parks and Recreation Advisory Board,” stated Abbott. “She did the mayor’s bidding and then he unceremoniously dumped her. She has become badly damaged goods, thanks to the mayor and now she is unemployed and perhaps unemployable.”
Other observers, however, see a greater long-term plan by the mayor. Larry Stevenson, the best man at Mayor Hancock’s wedding and the asserted godfather to Hancock’s son, held a key job at the city’s Excise and Licensing Department, but was at the end of April indicted for two counts of bribery by the Denver District Attorney. The indictment states businessmen were introduced to Stevenson as Hancock’s “right hand man” and someone Mayor Hancock would go to when “he needed something done.”
The mayor’s office has denied a recent close relationship between Mayor Hancock and Stevenson, but most observers confirm that Scott Gilmore and the mayor are close friends and has become according to some circles one of the men the mayor goes to when “he needs something done.”
Gilmore was the second in charge of Parks and Recreation behind Lauri Dannemiller. More than a few eyebrows were raised when the Mayor urged Scott Gilmore’s wife, Stacie, to run for the District 11 City Council seat in northeast Denver that Hancock once held and still remains a strong influence. Gilmore and her husband have previously been the recipient of city favoritism in the form of city contracts for over $500,000 to the corporation Environmental Learning for Kids, established by the couple in 1999.
The dismissal of Dannemiller places Gilmore as the head of Parks and Recreation at least for the interim. Whether Hancock would be brazen enough to place his personal friend Gilmore as the permanent head of the floundering Parks and Recreation Department while Gilmore’s wife sits on the City Council is unknown, but would at least provide a viable rationale for the Dannemiller dismissal.
by Mark Smiley | May 22, 2015 | Main Articles
Glendale Reauthorizes Eminent Domain But With Restrictions
by Mark Smiley
The Glendale City Council reauthorized its urban renewal authority with the power of eminent domain, but with various restrictions by unanimous vote on Tuesday, May 12, 2015. The City Council meeting was jam-packed with television cameras from every local news station lining one wall, reminding some veteran observers of council meetings in the late 1990s when meetings were known as the “Tuesday Night Fights.”
Some city officials were surprised by the vehemence and vitriol of the meeting which, in their minds, was simply reinvesting its urban renewal authority with eminent domain authority which it has previously done in 2004 and again in 2013.
Officials also expressed dismay that articles in the media wrongly indicated that property can be taken without paying the landowner full and fair compensation as determined by a Colorado court. They also noted that the notice applies to the entire 42 acre parcel of land and not a single property.
However, the wealthy and influential Kholghy family from Iran, who owns Authentic Persian and Oriental Rugs, viewed the notice of reauthorization as a precursor to condemnation of their business and the five acres it owns along Colorado Boulevard and East Virginia Avenue.
The Kholghys, as M.A.K. Investment Group, LLC, having retained two high-priced Denver law firms, sued the city’s urban renewal authority in Arapahoe County District Court, asserting abuse of governmental due process. In the complaint the law firms argued that the Kholghys rather than Wulfe & Co., a Houston, Texas developer, should have been chosen to redevelop the entire 42 acre parcel of land, notwithstanding the fact that the Kholghys do not have any experience as developers. Glendale 180, formerly known as the Riverwalk, has been years in the making and will be a dining and entertainment district along Cherry Creek. The Kholghys have also retained the non-profit Virginia-based law firm Institute for Justice who sent attorney Phil Applebaum to the meeting. “They have a right to keep what they’ve worked so hard to own,” said Applebaum.
City representatives pointed out that the Kholghys bought the land in 2006 in order to profit from the redevelopment, and they acquired the land two years after the area was declared blighted and an urban renewal authority had been set up.
For added heft and muscle, the Kholghys engaged the Oath Keepers, a paramilitary militia organization of current and former U.S. military and law enforcement members who assert that they will disobey any orders tha
t they are given if they believe it violates the U.S. Constitution. Former presidential candidate Pat Buchanan said of the Oath Keepers that “depending on where one stands, {they] are either defenders of liberty or dangerous peddlers of paranoia.”
At the meeting an Oath Keeper representative emphatically noted they had been a prominent part of the Bundy Ranch standoff in Nevada and the Ferguson, Missouri, demonstrations. The Oath Keepers demonstrated outside of city hall before the meeting on behalf of the Kholghys forcing attendees to walk through their lines to get to the meeting. One agitated attendee at the meeting wondered out loud, “Is it the Constitution of the United State or that of Islamic Republic of Iran that these guys are trying to intimidate the residents of Glendale into obeying. Who will the Kholghys bring in next to threaten everyone — biker gangs? Glendale residents don’t particularly like to be pushed around and intimidated so the Kholghys can hold up the city. Is this how they think this country works?”
The Kholghys also brought scores of its customers and acquaintances to the meeting from around the metropolitan area that generally excoriated the council and Mayor Mike Dunafon. None of their supporters were from Glendale.
The Oath Keepers originally indicated that they would attempt to recall anyone who voted for the reauthorization. The only actual resident of Glendale to speak, Doug Turner, praised what the city council was trying to accomplish in the small municipality.
Jimmy O ‘Connor, the owner of the property prior to his sale to the Kholghy family in 2006, said at the meeting that the Kholghys bought it from him for $6.5 million. The family indicated to the media it has offers for the property from third parties in the $20 million range. Upon conclusion of the meeting, Mayor Dunafon said they should accept one of the offers if they thought they could get that price. Local experts anticipated that the land was likely worth approximately $12.5 million. An independent appraisal has been ordered by the city.
After several hours of comments Mayor Pro Tem Paula Bovo stated, “The reason we have everybody in the room tonight is because eminent domain is a scary thing. If we can add an extra layer of security without compromising the entire project, I would be willing to do that. … I will do everything in my power to make sure it doesn’t come down to the big threat, the big stick of eminent domain.”
Bovo suggested a compromise whereby the City Council would approve the reauthorization resolution but with restrictions on the urban renewal authority. The city would act in good faith and make a full and fair effort to come to an agreement with any landowner prior to eminent domain.
After consultation with local legal counsel, attorneys for the city and the Kholghys, and Jody Alderman of the law firm Alderman Bernstein drafted an amendment which, among other items, requires the city to enter into mediation with a landowner. The mediator is to be chosen by the landowner but the cost would be borne by the city.
The compromise appeared to be generally acceptable to the main parties involved that night. However, Nasarin Kholghy was a guest on the Fox & Friends television show the following morning and demanded the city abolish the possibility of eminent domain regarding Glendale 180.
After the meeting Mayor Dunafon stated in interviews with local television stations that the city did not want to condemn anyone and did not anticipate the city doing so. “You can’t start the process and even enter into negotiation until the authority is empowered, and by the way, it doesn’t mean the authority ever has to use condemnation and it probably never will,” said Dunafon.
Dunafon generally received high marks from some attendees for facilitating and allowing attendees who wanted to speak an opportunity to do so and for maintaining an equitable demeanor notwithstanding the highly personal nature of some remarks by Kholghy supporters.
One Glendale resident who requested anonymity for fear of retaliation from the Kholghys and their militia supporters concluded, “Ali and Saeed push Nasarin out front and like to pretend to the press that they are victims. By threatening residents with a paramilitary demonstration of force shows who they really are. They know how to work the legal system, the press and everyone else, but in the end they will do anything to anybody to get their way.”
by Mark Smiley | May 22, 2015 | Main Articles
O’Brien Upsets Nevitt For Auditor
Kashmann Upsets Adams In District 6
Shepherd First Incumbent To Lose In 28 Years
New And Jones In Runoff On June 2
by Charles C. Bonniwell
The City and County of Denver’s municipal election on May 5, for mayor and all 13 council seats was considered relatively tame since incumbent Mayor Michael Hancock had no major opposition, but beneath the surface a major revolt appears to be gaining momentum which may be culminated in the four runoff elections on June 2. Hancock, and the real estate developers and unions that support him, had recruited a series of candidates and lavished them funding and logistical help. Many of them were also endorsed by The Denver Post which has strongly backed the mayor ever since he assumed office, and after an early dispute over whether the mayor had been a client of a prostitution ring known as Denver Players/Denver Sugar.
Perhaps the most surprising upset occurred in the Auditor’s race where former Colorado State Auditor Timothy O’Brien won by six percentage points over Councilman Chris Nevitt. The councilman was strongly backed by Mayor Hancock and his financial supporters along with outgoing auditor Dennis Gallagher. Nevitt raised close to $400,000, much of which came from unions, real estate developers and lobbyists, such Marcia Garcia Berry of CRL Associates who was Nevitt’s campaign treasurer. Nevitt also had the strong backing of “super lawyer” Steve Farber and his fellow attorneys at Brownstein Hyatt Farber Schreck, LLP.
O’Brien, in turn, raised approximately $40,000 and had to lend his campaign an additional $40,000 to get his message out in the waning days of the campaign. Notwithstanding the fact that Nevitt was considered the heir apparent to Hancock as mayor of Denver, O’Brien took almost 55 percent of the vote. O’Brien supporters indicated that they thought reasons for the upset included O’Brien’s professional background and demeanor compared with Nevitt’s lack of qualifications for the post. What may have also contributed to Nevitt’s defeat was the fact that he supported two 31 story apartment buildings which some resi
dents believe will permanently scar the Denver skyline and a general dissatisfaction with City Hall being under the control of real estate developers.
Almost as surprising as the O’Brien upset was the victory of Rafael Espinoza. For the first time since 1987 an incumbent councilperson (Susan Shepherd) lost, and she lost badly. Rafael Espinoza garnered an amazing 69 percent of the vote. Shepherd set a potential record for lowest percentage of the vote ever by an incumbent councilperson getting only 31 percent from the voters. Shepherd, like Nevitt, had originally won in 2011 with overwhelming union support, but after the election, she became close to developers who got approval for projects in Sloans Lake and West Highlands. Members of neighborhood groups that opposed developments
approved by Shepherd, like No High Rises in West Highlands and Sloan’s Lake Neighborhood Association were believed crucial in the electoral tsunami. Shepherd was also lavishly supported by Steve Farber and members of his firm Brownstein Hyatt Farber Schreck, LLP according to financial disclosure records.
Another upset was the victory of former Washington Park Profile publisher Paul Kashmann over another Hancock picked candidate Liz Adams. She was also endorsed by popular outgoing Councilman Charlie Brown and The Denver Post as well as the coterie of lobbyists and real estate developers and members of the ubiquitous Brownstein Hyatt Farber Schreck, LLP law firm. The race in District 6 mirrored that in District 1 and the auditor’s race where some residents believed excessively dense and under planned real estate developments were being rushed through the City Council.
Whether the citizen revolt will be complete will depend on the runoff races on June 2.
In particular the races in Districts 10 and 11 involve neighborhood candidates against candidates picked by Mayor Hancock and his supporters. In the first round f
ormer Cherry Creek North Neighborhood Association President Wayne New held a small lead (35% to 33%) against former Denver Planning Board member Anna Jones who is supported by the ever present Steve Farber and real estate developers. New surprisingly has the endorsement of The Denver Post.
In northeast Denver’s District 11, Mayor Hancock and Steve Farber’s candidate is Stacie Gilmore, wife of Scott Gilmore who is the appointee of the mayor as the Deputy Manager of Parks for Denver. Stacie Gilmore’s lack of independence and ethical challenges in voting on matters concerning the Parks and Recreation Department have become major issues in the race. Her opponent Sean Bradley is the president and CEO of the Denver Urban League. District 11 is one of the places in Denver where the mayor’s sub silencio support is believed to be of help. The ethically challenged Gilmore also has the endorsement of The Denver Post and money from members of the Brownstein Hyatt Farber Schreck, LLP law firm. In the first round Gilmore garnered 38 percent of the v
ote to 25 percent for Bradley.
While the May 2 results were generally a cause of celebration for neighborhood groups and grassroots activists there was one stain for them in the victory of Kendra Black in District 4 (Hampden area) over Halisi Vinson and Carolina Klein. Vinson had the strong endorsement of former mayor Wellington Webb and park advocates, but Black raised almost $200,000. One disappointed Vinson supporter who knows Black from the Thomas Jefferson High School Alumni Association noted that “at least the money boys got a win after so many other losses. She will do as instructed which will be sad for parks and neighborhoods in District 4, but her big money supporters will make a lot of money. Our neighborhood groups see her as the next Susan Shepherd. We have pledged to keep a close eye on what she is up to over the next four years. She is, according to people who know her, both amoral and dumb which is never a good combination.”
The runoff election is set for June 2 with ballots already being mailed by the Office of the Denver Clerk and Recorder.
