by Mark Smiley | Mar 27, 2015 | Main Articles
State Treasurer And Adams County Judge Raise Additional Problems
by Charles C. Bonniwell
The star-crossed Gaylord Rockies hotel project appears to be running into continued turbulence. Originally envisioned to be part of the relocated and expanded National Western Stock Show complex, the Aurora hotel and convention site has gone through a seemingly never ending series of complexities, alterations and controversies.
Back in the spring of 2011, Nashville-based Gaylord Entertainment announced it was building a new Gaylord Western Hotel and Convention complex at the High Point site near Peña Boulevard and Tower Road. It was to be next door to the new home of the National Western Stock Show which was going to move from its Denver home after 105 years. Initially supported by then new Denver Mayor Michael Hancock the move of National Western was squashed by a revolt of the City Council, led by Councilman Charlie Brown.
Gaylord Entertainment nonetheless demanded massive tax concessions from the City of Aurora and the State of Colorado totaling over $380 million for the $800 million project. As outlined by the Glendale Cherry Creek Chronicle in April through June of 2012, Gaylord Entertainment being awarded over $81 million in state tax subsidies appeared to be part of what some called a rigged process by the Colorado Economic Development Commission. Under the Colorado Regional Tourism Act (the “RTA”), small cities and counties were supposed to be able to compete in an aboveboard process for the best projects pursuant to the criteria set out in the RTA. Small towns, including Glendale, and counties were forced to spend hundreds of thousands of dollars to submit applications in which they apparently had little or no chance of being awarded a grant.
The project became enmeshed in further controversies when just after the award of the state subsidies, Gaylord Entertainment announced it, in fact, had no intention of building the hotel and was getting out of the development business, a fact it kept from the commission. It sold its interest in the hotel project and the tax subsidies to Houston-based RIDA Development Corp.
In September 2013, 11 Front Range hotels sued the Economic Development Commission and the City of Aurora in Denver County District Court to vitiate the state award. The lawsuit was dismissed the following spring. Aurora in turn sued the Front Range hotels in Arapahoe District Court asserting that the action by the hotels delayed the funding of the project and constituted tortuous interference, but that suit was in turn dismissed in the fall of 2013.
In the fall of 2014 two residents of Aurora filed suit in Adams District court challenging the validity of Aurora awarding $300 million in subsidies to the hotel project. In February 2015, Adams County District Court Judge Ted C. Tow III voided the Tabor election set up by the City of Aurora whereby the only allowed voter was an employee of the landowner. The court indicated that a city-wide election would likely have to be undertaken. Within hours of the decision, Aurora filed an appeal of the decision to the Colorado Court of Appeals.
As a result of the Court ruling Colorado Treasurer Walker Stapleton asked the Legislative Audit Committee to examine whether the state should honor the subsidies awarded by the Colorado Economic Development Commission. Stapleton also sent a letter to the Colorado Office of Economic Development and International Trade asking why the EDC offered the incentives in the first place given they may not in fact need the subsidies and proper financing documents may not have been submitted.
Aurora Mayor Steve Hogan promptly fired off an angry letter to Walker Stapleton saying the issues raised by his office had already been “discredited” years before. He went on to declare, “What is concerning to me is that your letter seems not only politically motivated but ill-informed.” He then opined, “It seems an inappropriate role for the Office of the State Treasurer to involve itself in a commercial dispute that is before the courts.”
Despite all of the continued controversies, developer RIDA Development Corp. and the City of Aurora seek to give the impression of continued progress. RIDA announced in February that the hotel and convention complex would feature a massive indoor and outdoor water park. Westword and other publications ridiculed the water park concept for a hotel project in Aurora.
Aurora Mayor Hogan in turn, told the Economic Development Commission that the Gaylord project would break ground between October and December of this year. This will only be possible provided it wins its appeal to the Colorado Court of Appeals on the issue of the Tabor election.
Observers indicate that the enormous time, effort and resources for the Gaylord hotel and convention center put in by Aurora’s Mayor Steve Hogan could show him to be a political leader in the mode of DeWitt Clinton of New York whose vision and determination made possible the key transportation project of the early 19th century — the Erie Canal. Others view him more as a Captain Ahab driven to capture a white whale of a development project that will seriously damage the future economic progress of the City of Aurora. Only time will tell which caricature of him is closest to the truth, but crunch time for helping to make that determination is fast approaching.
by Mark Smiley | Feb 26, 2015 | Main Articles
Planning Board Approves Development; Showdown Is March 31 Before City Council
by Glen Richardson
A storm is brewing in Denver’s Crestmoor neighborhood. Up in arms over the latest development proposed at the Mt. Gilead Church property, residents from Crestmoor, Lowry and surrounding neighborhoods packed Eisenhower Chapel Jan. 6 hoping to ward off a zoning change proposed by Metropolitan Homes. Then during a Feb. 1 snowstorm, many demonstrated in front of the church property. Finally on Feb. 10 Councilwoman Mary Beth Susman facilitated a meeting between neighborhood leaders and Metropolitan Homes to see if the parties could find common ground. The developer did make concessions but did not alter plans for density and other issues.
Peter Kudla, founder of Metropolitan Homes, is seeking the zoning change so he can build a 120-unit, three-story apartment complex on the 2.3-acre site at Cedar and Monaco. The change in zoning would increase the density from 2.6 units per acre or about one home on each one-third acre to a density of 52 units per acre. Before it was finally dropped, the Alpert-Eisen development proposed for the same property eight years ago and widely covered by the Chronicle (July and August 2007) ended up being about 56 units.
The Denver Planning Board on Jan. 21 voted to approve the zoning change in the neighborhood of single-family homes despite opponents outnumbering supporters during the six-hour hearing. Planning Board members did express uneasiness about the proposal but said they were not allowed to consider potential problems to traffic due to inadequate parking or safety issues. If the rezoning passes the City Council’s Neighborhood & Planning Committee, first reading by the full City Council was scheduled for March 2 (no public testimony is allowed) followed by a second reading and public hearing set for March 31, 5:30 p.m.
Density, Parking Issues
Kudla purchased the property in October of last year for $1.8 million. The majority of residents in attendance at Eisenhower Chapel argued that the proposed increase in density would have a profound impact on the amount of traffic within the Crestmoor and Lowry residential neighborhoods. “The project will provide inadequate parking. The city allows fewer parking spaces in areas with good transportation options. We don’t have that option here,” declared one attendee. “Auto traffic will increase and more commuters will use side streets around Crestmoor Park as they try to avoid traffic congestion at Alameda and Monaco. Also, Crestmoor Park is used a great deal by children and families,” added another.
Residents also noted that the proposed zoning (S-MU-3 or a multi-unit three-story) does not limit the number of units a developer can put on a property. “Once the zoning is changed, if the zoning transfers with the sale of the property the new owner can do any number of units without seeking input or approval from residents,” one person warned.
Several of those in attendance noted the area is zoned for single-family homes and there is no compelling need to change the zoning. “Crestmoor is formally designated as an Area of Stability within Blueprint Denver, not an Area of Change,” someone else pointed out.
The church property itself also became a point of contention. A resident living next to Crestmoor Park in the patio homes behind Mt. Gilead Church argued in favor of the proposed development, suggesting the church was an eyesore. Another Crestmoor resident said, however, that the church had historic significance and should be registered as a historic place.
Feb. 10 Face-off
At the Feb. 10 meeting representatives from the Englewood-based development company refused to reduce the density of their proposed apartments. The developer has decided to allow additional parking and fewer two-bedroom units, but insists on building a 120-unit complex. Kudla now says they would build 50 two-bedroom and 70 one-bedroom units. Furthermore Kudla representatives said they would not consider building any kind of for-sale product including condos, townhomes or patio homes.
“We participated in good faith and were eager to negotiate,” attendees at the Feb. 10 meeting told the Chronicle. “We hoped that leaders from Metropolitan Homes would come to the table willing to offer neighbors a more appropriate project, but unfortunately they would not alter their plans for the proposed density and are not willing to consider anything but rentals.”
At that meeting Kudla representatives told the neighborhood group they will proceed with their application for a zoning change before the Denver City Council. The Crestmoor group says, however, the developers do not have the zoning that entitled them to build the project. “We can stop them if neighborhood residents tell City Council members that they don’t want this project. We think we can do much better than a 120-unit apartment complex.” They admit, nevertheless, that the March 31 hearing is critical and urge community members to attend and speak up.
by Mark Smiley | Feb 26, 2015 | Main Articles
by Glen Richardson
Perhaps the biggest fight in the upcoming Denver municipal election is in the 4th Council District where Councilwoman Peggy Lehman is term limited. While there are five candidates for the council seat, it appears to be coming down between two women, Halisi Vinson and Kendra Black, who represent dramatically different interests. To date the other candidates have not raised sufficient funds to get a strong political message out.
The 4th District is the southeast portion of the city from East IIiff Avenue on the north down to Belleview Avenue, and includes the neighborhoods of Wellshire, University Hills, Goldsmith, Hampden, Hampden South, Kennedy and Southmoor Park. (See map on Page 19.)
Black is viewed by Webb supporters as a candidate being wholly under the control of real estate developers and initiators of the destruction of the Hentzell Park natural area in the District that raised an uproar by citizens.
Halisi Vinson on the other hand is being backed by park advocates including former Denver Mayor Wellington Webb. The former mayor sent a blistering e-mail to interested parties throughout the 4th District and elsewhere declaring in the opening sentence: “First they took our park and now they want to buy a council seat.” (See the full letter on Page 3.)
He goes on to note, “What residents of District 4 need to be aware of is that Halisi’s opponent is taking thousands for her campaign from those who took the park. They even rejected your signatures calling for a public vote on taking the park land, which has been officially called a park since 1955.”
The e-mail has set off a firestorm of debate not only in the 4th District but across the city.
Black was the co-chair of the highly controversial 15 member oversight committee appointed to oversee the funds of the $466 million bond issue approved by voters in November 2012. Critics accused Black and her fellow committee members as being little more than “a rubber stamp for the district’s spending plans” according to the website Chalkbeat Colorado.
Among Black’s numerous endorsers and money contributors are Lisa Dannemiller, the disgraced Denver Park Manager who orchestrated the destruction of the Hentzell Park Natural Area for Mayor Michael Hancock. She oversaw the removal of longtime park advocates from the Park Advisory Board who opposed the mayor’s plans.
Another higher controversial contributor is Marcus Pachner. A lobbyist and political fixture, Pachner was paid by the International Risk Group to help smooth over the selling of 80 acres of Lowry Vista open space to the developer for $10 for massive mixed use development that outraged citizens in the 5th District. The appearance of Pachner on the money donation list of Black has drawn the ire of park advocates in the 5th District.
Additional endorsers include wealthy attorney Steve Farber whose law firm Brownstein Hyatt Farber Schreck LLP is widely despised by good government advocates but represents many of Colorado’s most powerful real estate developers, and CRL Associates another influential Denver lobbying firm for developers.
Webb admirer and park advocate Trish Abbott said, “Ms. Black’s endorsers include a rogue’s gallery of some of the greediest individuals in all of Denver. If she gets in office she will let them destroy the district so it will be unrecognizable in four years.” Webb noted in his e-mail, “ïf they get away with this, the rich and powerful will try to take other parks and buy our council seats.”
Another park advocate Richard Witholder urged District voters to go to Black’s website and review the Issues section where she refers to herself in the third person as in “We are fiscally responsible.” The fact she uses the royal “We” tells you everything you need to know about her.
She went on to note, “With Kendra Black you can say goodbye to any parks and open space in the District that the developers can grab along with massive high rises in local residential neighborhoods. Just look what they have done to Cherry Creek North, Lowry and Crestmoor. These fat cats and neighborhood busters are not giving her all this money for nothing.”
Other Vinson supporters note that Black appears to have little or no business experience other than her assertion of “witnessing my husband’s 25 years in small business.”
Webb in turn noted that Vinson is a fierce advocate for parks who has an MBA and 30 years of corporate and venture capital experience. Vinson states, “I will be dedicated to making sure that we maintain what we love about Denver, like our open spaces and parks, in the midst of change.” She is a member of the Hampden Heights Civic Association. She is married to Ric Crawley a former firefighter and city employee.
A review of the Candidate Financial Dis-closure Statements for “Halisi Vinson for Denver” show the largest contributors to her campaign to date are Christopher Dinkel, a Denver immigration lawyer, for $940; The Holt Group, a Denver law firm, for $1,000 as well as Mary Holt for $1,000 and Ty Holt for $500. Keith Kegley a Los Angeles IT entrepreneur for $1,000; Arthur Suazo a principal in Hudson Pacific, a commercial real estate firm in Los Angeles, for $1,000; and Crews of California, an airport gift shop in Las Vegas, for $1,000.
Black graduated from Thomas Jefferson High School, as did Vinson’s son.
The supporters of Black, including Jeff Allen the COO of the Greater Glendale Chamber of Commerce, argue that Black has broad support and “she represents many diverse interests and she wants to represent all Denverites to make the city a better place to live in and work.”
Another supporter of Black, former Denver City Councilman Ed Thomas, noted that “real estate developers are important stakeholders in Denver and they deserve advocates like Kendra Black on the City Council to represent theirs as well as other business interests.”
A third supporter who did not want to be identified by name went on to declare, “What right does Wellington Webb have to tell us in the 4th District how to vote? Black has lived in this district most of her life and Webb has never lived within the District’s boundaries ever. He just wants to control everything.”
Both Black and Vinson have sought the endorsement of the AFL-CIO labor union which has not endorsed any candidate in the 4th District to date.
Given the wealth and influence of supporters of Kendra Black observers view her as the odds-on favorite for the council seat, but Vinson appears to be gaining a surprising amount of grassroots support according to activists in the 4th District who see a possible upset in the making.
The first round of the Denver municipal election is scheduled for May 5 and if no candidate gets a majority of the votes a runoff between the top two candidates will be held on June 2.
by Mark Smiley | Feb 2, 2015 | Main Articles
Residents Vow To Keep Up The Fight Against Denver’s Reputed Corrupt Planning Process
by Glen Richardson
Citizens fighting what many consider a corrupt and crooked zoning and development system in the City and County of Denver suffered another setback at the hands of the Denver District Court in this case by Judge Kandace Gerdes. The Court dismissed, on procedural grounds, a lawsuit brought on behalf of citizens questioning the legality of what the complaint called a “corrupt consultant-dominated unlawful process.”
High Density Forced On
Quiet Neighborhoods
Buckley Annex is the last remaining undeveloped portion of the former Lowry Air Force Base comprised of approximately 76 acres located at Quebec Street and 1st Avenue. The City’s attempt to bring in extremely high density in an otherwise low density residential neighborhood brought stiff citizen resistance as it has across the Denver metro area.
The citizens brought suit against the Denver Planning Board, its executive director Brad Buchanan, individual members of the Planning Board and the City itself asserting that the high density zoning changes violated the Denver Zoning Code and City plans. But Gerdes ruled that since notice under the Denver Zoning Code requires notice of Planning Board Public Hearings to City Council members and registered neighborhood organizations within 200 feet of the application area citizens have no right to protest the actions of the Planning Board unless they are directly adjacent to the application area. Moreover Gerdes ruled that citizens could not challenge Planning Board decisions but must wait until the City Council has adopted a decision by the Planning Board.
In a press release the plaintiffs noted: “The Court’s decision highlights the fact that Denver residents currently have no ability to effectively challenge the land use and the development process in Denver. The playing field is tilted in favor of developers throughout the planning and entitlement process, despite the illusion of ‘outreach’ to the residents and Registered Neighborhood Organizations. As anyone with experience trying to shape their neighborhood knows, the land use process is primarily a collaboration between planning staff and consultants for the developers, who cherry-pick language from Denver’s Plans and the Code to achieve their goals.”
The plaintiffs go on to note that “until Denver has city leadership willing to stop the charade that currently passes for ‘land use planning, Denver’s neighbors and neighborhoods will continue to be the losers.”
Are Denver’s Courts
Actually Independent?
The Buckley Annex case is the third separate litigation Denver residents have lost in their fight against real estate developers and what many believe is a dishonest and corrupt land planning process. Denver District Court Judge Robert McGahey Jr. ruled against citizen plaintiffs, some of whom belonged to a neighborhood group titled “No High rises in West Highlands,” ruling the City’s Comprehensive Plan and Blueprint Denver are merely advisory in nature and could be violated at will by the Denver City Council.
Denver District Judge Herbert L. Stern III dismissed, on the eve of trial, a lawsuit brought by Friends of Denver Parks in the Hentzell Park neighborhood whereby a portion of the park was traded away for a downtown office building after the natural area was declared purportedly “blighted” by Mayor Michael Hancock. Stern denied the ability of the citizens to prove to a jury that the land in question was dedicated or common law park by issuing a summary judgment in favor of the City. He also refused to let the plaintiffs bring the matter to the voters as part of a referendum saying it was an administrative matter and not a legislative one.
Resident Richard Witholder noted, “Citizens are being repeatedly thwarted from bringing any matter to a jury or to the voters of Denver by Denver District Court judges. The old saying ‘You Can’t Fight City Hall’ comes from the fact that judges in places like Denver are not really independent but instead part of the political class that rules the city. They are appointed because they are politically connected and are never replaced no matter how biased they are in favor of the powers that be. The whole system has a stench to it whereby everyday citizens can never win no matter how valid their claims are.”
Another resident Trish Abbott noted, “Denver District court judges never did anything to interrupt the incredibly corrupt Denver Jail shenanigans. Only by going to the federal court system was the corruption and brutality exposed. The question becomes are Denver citizens forever locked into Denver courts where they have little or no chance of ever prevailing or even getting to a jury when fighting directly or indirectly the real estate developers who control the city government.”
Not Giving Up
The plaintiffs in the Buckley Annex case are not, however, giving up. “We will be back,” said Christine O’Connor. “This ruling will delay us, but will not divide us. Neighborhoods are going to take back our city from developers and the city officials who have been beholden to them. Denver residents want sustainable, sensible neighborhoods, not multi-story, high-density apartment buildings that choke our streets. Our city’s residential neighborhoods have no way to accommodate this density.”
Attorney Greg Kerwin of the law firm of Gibson, Dunn & Crutcher who is representing the plaintiffs indicates that he will ask the court to reconsider a portion of its ruling and appeal the rest.
Christine O’Connor also indicated that citizens are intending to continue to challenge zoning proposals that “do not match surrounding neighborhoods, are not linked to transportation and to require adequate off-street parking.” She added, “Neighborhoods do care and don’t want developers running roughshod over established communities that have been thriving for decades.”
by Mark Smiley | Feb 2, 2015 | Main Articles
Closure Signals Clayton Lane Redo
Rebuild To Include Eight-Story Buildings; Columbine Street Will Be Extended To 1st Ave.
by Glen Richardson
Announcement last month that the 60-year-old Sears store in Cherry Creek North is closing signals the beginning of a rebuild for the Clayton Lane retail district as first reported by the Chronicle last October. The Cherry Creek location opened in the summer of 1954 after Sears closed its store in downtown Denver.
Sears dates back much further in history. Sears, Roebuck and Co. was officially formed in 1893. The company dates its history back to 1886 when Richard W. Sears, a railroad agent in Minnesota, received a box of errant watches and then sold them to other agents.
The Cherry Creek Sears is one of 235 stores closing nationwide due to declining sales and posting a $548 million loss in the third quarter of 2014. In addition, on Tuesday, January 27, 100 employees were notified their positions had been eliminated effective immediately at the corporate headquarters in Hoffman Estates, IL. Fifteen more were eliminated at other corporate support locations. “These decisions are never taken lightly, but they are a necessary part of our efforts to transform the company and return it to profitability,” Sears said in a statement. Sears Holdings has lost money for 10 consecutive quarters.
The closure will speed up redevelopment options for the 9.5 acres first developed by the Nichols Partnership 15 years ago. The Cherry Creek North Sears store occupies 133,493 square feet, while the auto center takes up another 18,769 square feet. The 66 employees of both Sears and the Auto Center will be able to apply for positions at nearby Sears and Kmart stores which include Aurora, Lakewood, Centennial, Thornton and Littleton.
David Tryba — the original architect for Clayton Lane who has been retained to develop new options for the site — says the store and adjacent parking garage will be demolished and replaced with residential units plus commercial and retail space. Residential units would be built on top of one- or two-story retail spaces, while commercial office space would be in adjacent buildings. Working with AmCap Inc, the Stamford, Conn., developer of Clayton Lane, initial plans call for the construction of two to perhaps four new buildings on the site and moving the parking underground.
Sears says it expects to close the store by the end of next month (March). In a statement, Sears said, “Store closures are part of a series of actions we’re taking to reduce ongoing expenses, adjust our asset base, and accelerate the transformation of our business model. These actions will better enable us to focus our investments on serving our customers and members through integrated retail — at the store, online and in the home.”
The liquidation sale has started and there are discounts at this early stage. Currently, all inventory, including home appliances, is “priced to sell,” with 30% off all clothing and footwear and 60% off all fine gold, silver, diamond and gemstone jewelry. Plus, if you join Sears Shop Your Way loyalty club (it’s free), you will save an extra 5% off general merchandise and an extra 25% off fine jewelry.
Once closed, Tryba Architects and AmCap are expected to finalize development plans for the property. After knocking down the parking garage the architect says those plans will entail the extension of Columbine Street from East 2nd Ave. to East 1st. Ave.
Sears Site Plans
The initial spiff up of the four-block area at the intersection of 1st Ave. and University was designed to generate new tax revenue for the City and improve traffic flow. Observers now anticipate the redevelopment will be designed to make the site —the area’s largest single parcel in the district — into what is being envisioned as Denver’s Rodeo Drive.
Many also believe that construction of a new and bigger Whole Foods will be included in the future Clayton Lane improvement strategy. Additional eight-story or larger buildings may be a part of the redevelopment. Zoning currently allows for buildings in the district to be eight stories tall.
It will be later this year before the Sears building and parking garage are razed and construction of the street extension at Columbine started. The bottom line for Cherry Creek shoppers and residents is that they will have to endure additional construction projects and traffic tie-ups in Cherry Creek for at least two to three more years. When eventually completed, the new Clayton Lane will be a mixed-use development with retail, office and residential but not another hotel. The hotel (JW Marriott) portion of the original development was sold and is not part of Clayton Lane. Furthermore, three hotels are in line to be built in Cherry Creek with construction of the 150-room hotel at 250 Columbine now underway. AmCap has hired Newmark Grubb Knight Frank to provide marketing and leasing services for the retail and office components of the planned redevelopment.
by Mark Smiley | Dec 22, 2014 | Main Articles
As Ohio And Other States Seek Ban
by Glen Richardson
Various members of the Denver City Council are reportedly pressuring the police to expand the city’s photo radar camera operation in light of the city raking in over $34 million in less than five years from citizens. The city has red light cameras at four intersections and five roaming vans to ticket speeders.
The push is being made notwithstanding various states are considering banning their use including Ohio which would require officers to witness any violation first-hand. The bill passed the Ohio House 58-31 and is expected to pass the Senate and be signed by Governor John Kasich. A similar statewide ban was passed by the Colorado State Senate last year only to die in the State House due to pressure from Denver Mayor Michael Hancock and Governor John Hickenlooper, a former mayor of Denver. The State of Missouri may put a ban to a statewide vote pursuant to bill introduced to the Missouri General Assembly.
At the same time the so-called “bagman” for red light camera company Redflex Traffic Systems, pleaded guilty to bribing a city worker to rig a $124 million contract in return for kickbacks. It is expected he will testify against Redflex CEO Karen Finlay on bribery charges. Redflex operated in Denver and other cities in Colorado in the past and the possibility of bribery charges being brought in Colorado is still purportedly a possibility.
Changing The Rules
The rise in revenues was in part generated when the red light camera, Xerox State and Local Solutions, was allowed to redefine what was running a red light from actually entering the intersection to touching any part of the preceding white crosswalk. Denver remains the only jurisdiction in Colorado that defines running a red light as just touching a white crosswalk. In Florida and other jurisdictions red light companies discovered that by shortening yellow lights by small amounts they could dramatically increase revenues although it also dramatically increased accidents.
Denver never adopted this technique due to the fact that the shortened yellow light gambit became a national scandal in places it was secretly implemented. The Denver Police Department claimed the four locations where red light cameras were installed, cut down accidents by 65 percent. But ABC Channel 7 News discovered the real reasons accidents were down is that at the same time, they increased yellow lights. In four other intersections in which longer yellow lights were also implemented, but no red light cameras installed, accidents were down 57 percent.
Denver also has five photo radar vans that bring in the majority of funds for the city. In theory the vans can be moved anywhere in the city, but are not. One van is almost incessantly parked on Speer Boulevard/1st Avenue across from the Denver Country Club. The reason is readily apparent — the six lane road does not appear to be a road where the speed limit would logically reduce from the standard 35 mph to 30 mph. Motorists often travel at what they believe is a reasonable 40 mph and get regularly ticketed providing literally hundreds of thousands of dollars in revenues to the city. It has been noted that if the city had one of its photometric speed display trailers, which informs the motorist how fast he or she is traveling above the posted limit, it would be much more effective, but would provide no money to the city coffers.
Chief Of Police White
Destroys Personal Credibility
City Auditor Dennis Gallagher’s office reviewed the city’s photo radar in 2011 and found that it had done little to clearly show any purpose other than bringing in revenues. The report declared, “Unfortunately, DPD [Denver Police Department] has not demonstrated that the photo radar program has a positive impact on public safety. Because these programs were sold as public safety enhancements, but are widely viewed as a cash grab, it undermines public trust to maintain photo enforcement programs that are profitable, but whose safety impact has not been conclusively shown. If this situation persists, then the photo enforcement programs should be shut down.”
In response DPD refused to provide any studies and simply claimed no study could be conducted that would satisfy the auditor’s concerns.
Notwithstanding Chief White’s claim, the Chicago Tribune on December 19 in a front page story reported that a scientific study was in fact just performed on the country’s largest red light camera program in Chicago. It found, despite Mayor Rahm Emanuel’s claims to the contrary, red light cameras did not reduce injury-related crashes overall, but simply resulted in more rear-end accidents, while reducing so-called “T-bone” crashes.
As the photo radar enforcement program is highly unpopular among some voters, elected officials in Denver have generally refused to go on camera to try to justify its retention. The task has been delegated to Chief of Police Robert White who is appointed by the mayor. He has gone on Channel 7 and other stations and claimed the sole and only purpose of the program is “public safety.” Since such an assertion appears on its face wholly or at least partially untrue, he has lost credibility with some citizens at a time when police are under fire across the country.
“White is clearly lying. We know that at least part of the rationale is money and for him to claim otherwise is pathetic,” stated Denver resident Trish Abbott. She also noted, “White goes on Channel 7 and gives a bald lie right to the camera. In an age of ‘you can keep your doctor, if you like your doctor’ and the ‘United States doesn’t torture’ we are sick and tired of lying politicians and bureaucrats. At a time when the police department badly needs to build public trust, he throws it all away for nothing to provide cover for Hancock and members of the City Council.”
Citizen Revolt
Denver citizens are increasingly refusing to pay the photo radar enforcement tickets they receive in the mail as only 65 percent of the tickets are now paid. Under the applicable statute, Denver tickets must be sent by certified mail or personally served within 90 days of issuance and if not the ticket must be expunged. The Gallagher report suggested the law be changed, but to date it has not been.
City Council Extends
On December 15 the Denver City Council approved by a vote of 12 to 1 the extension of the existing contract, in theory, to allow competitive bidding for an expanded program with more red light cameras and more photo radar vans. The only dissenting vote was that of Jeanne Faatz who pointed out the absurdity of the crosswalk violation and the lack of any conclusive evidence on public safety. “Some people love them, I don’t,” City Councilwoman Faatz said. “…my feeling is that issuing tickets for people who cross the white line is knit picking. It’s more of a revenue raiser than a safety measure.” On December 16, City Auditor Gallagher sent out a letter in which he noted at the public hearing that “I never heard any talk about proving that these two programs actually improve public safety.”
