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Volume 31 • Number 7 • January 10, 2013 www.villagerpublishing.com 303-773-8313 • Published every Thursday

What’s Inside

Page 4

Littleton taps Feldman as top judge

Page 6

Joint Police and Fire facility to open in Cherry Hills Jan. 12

Page 16

Frame de Art to donate Manning jerseys every month for charity

Don’t Miss:

Village addresses • Greenwood mobile food permits, marijuana

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Page 4 Cherry Hills Village debates coyote management plan Page 6 Englewood charter school readies for round 2 Page 7

Index

Page 5..............................................Opinion Page 9...............................Service Directory Pages 11-18....................................Fleurish Pages 19-26......................................Legals Page 27..................................School/Sports

TheVillagerNewspaper @VillagerDenver

Susan Beckman reflects on 15 years Outgoing official made mark in intergovernmental partnerships

By Peter Jones n 1997, Susan Beckman was a 36-year-old mom with a mission.

“I was mad about Santa Fe Drive,” she said. “It was the only road I could drive when I did carpooling. We’d had all those fatalities and it was very treacherous.”

The stay-at-home mother of two children eventually took her case to the Littleton City Council, but city officials told her they were powerless to do anything about the plagued state highway that had become known as the “ribbon of death.”

“I didn’t understand – state, federal – it didn’t matter to me.

It was a road going through our community,” Beckman said.

Rather than let Littleton pass the proverbial buck, Beckman grabbed it herself and was soon a dark horse hopeful making a grassroots run for City Council in a tough race with three other candidates more tied to the civic community.

After eking out a surprise victory, Beckman called the news media and began forging what was then an unusual partnership with Arapahoe County. She figured that if the two governments were to join forces, maybe … just maybe the “ribbon of death” could be tied up a little higher on the metro area’s 20-year priority list and perhaps a few lives would be saved.

Within 18 months of taking

I

Continued on page 2

Commissioner Susan Beckman presents a donated scooter from the Arapahoe County Fair to a young girl at a local childcare center in 2007. The cars were part of the Toddler Driving School, and as part of the agreement with the vendor, the cars were donated to childcare centers.

Photo courtesy of Arapahoe County

Landmark developer indicted by grand jury On-the-lam Davidson accused of embezzlement

By Tom Barry A grand jury in the 18th Judicial District has indicted Zachary Davidson, developer of the trendy Landmark development in Greenwood Village.

The 28-page indictment includes 20 charges, including seven counts of theft, seven counts of forgery and six counts of embezzlement of public property.

Last week, an arrest warrant was issued for Davidson, a highprofile developer who is accused of bilking large sums of money from the Marin Metropolitan District.

Davidson had previously filed for personal and business bankruptcies.

Hypo Bank’s real estate division in Germany had already repossessed the retail and resi-

The Landmark development features two posh high-rise residential condo units. The Greenwood Village development is near Belleview Avenue and I-25.

Photos by Tom Barry dential complex, which is in receivership.

In 2009, Hypo had sued Davidson on his $90 million guarantee.

Desperate people do desperate things

The Landmark had been mov-

ing along well, selling many of the posh residential units in the first tower when Davidson decided to erect a second high-end residential tower called The Meridian.

When the economy took a downward spiral, so did the sales of the second tower condo units.

Zach Davidson, The Landmark developer, has been indicted by a grand jury in the 18th Judicial District.

File photo

Continued on page 3

January 10, 2013 • THE VILLAGER • PAGE 3

‘Desperate people do desperate things’ Continued from Page 1

Additionally, the once highly touted adjacent retail space never fully took off.

“The basic allegation is that Davidson improperly took approximately $3.1 million in public money from the Marin Metropolitan District and used the money for private and unrelated business expenses,” said Casimir Spencer, outgoing spokeswoman for the 18th Judicial District.

The indictment noted that Davidson had 13 entities involved in the project.

A criminal complaint against him was filed in November 2010, according to the indictment.

Fox guarding the henhouse

The Marin Metropolitan District was formed by a vote of qualified electors in the district and also approved appointments to its Board of Directors.

According to the indictment, in May 2008 the District authorized the issuance of limited tax general obligation bonds in the

The Meridian Tower in Greenwood Village has a spacious southside back lobby providing extensive natural light. This condo development is 60 percent vacant. principal amount of $31 million to construct public improvements.

“Interest and principal on the bonds would be repaid by the proceeds of a mill levy assessed

against each property owner in the District [property tax revenue],” the indictment said.

Davidson was president of the Marin board.

The closing paragraph of the

Tale of 2 Landmark towers Costly condos prices have been lowered

By Tom Barry The Landmark residential and retail complex off I-25 and Belleview Avenue began in earnest in November 2004. Everest Development purchased the vacant land that was formerly home to the Stone and Webster engineering firm.

Zachary “Zack” Davidson had headed up the company that was founded in Tulsa, Okla., and eventually purchased the 15-acre site.

Davidson had grandiose plans to develop the prime real estate into a posh residential community with one elite high-rise condominium tower, trendy brownstone homes and a posh retail center that would feature world-class boutiques, fancy restaurants and trendy art galleries attracting a high-class clientele.

As the developer, Davidson was said to be a fast talker with a strong Southern accent. He quickly made a big splash within the top social circles of the Denver area.

“Zack Davidson was the best snake-oil salesman we’ve ever seen,” said Yanni and Amy Stavropoulos who own the highly popular Yanni’s Greek restaurant that moved to the Landmark three years ago. “He recruited us heavily and laid heavy praise, saying we would make so much more money at The Landmark.”

Top-rated Yanni’s remains busy, especially during weekend nights.

Davidson’s parties were said to be lavish with no expense spared, providing partygoers with topnotch entertainment and extravagant arrays of delectable food and beverages. Davidson’s ultimate intent was to entice potential homebuyers, restaurateurs, boutique owners and high-end retailers to his proposed development.

A number of people familiar with Davidson said he was a smooth talker who was hoping to build a property that would become a legacy to himself and his family name.

Davidson also had a passion for fine art and reportedly traveled to Europe regularly to purchase distinctive items to showcase in his

There are a variety of shops at the Landmark Village Shops on the first and third floor. Most of the second-floor spaces remain vacant. A significant percentage of retail space remains vacant throughout the 15-acre development.

indictment states, “Davidson did not later use this money for the benefit of [the District] and, instead, converted this money to his own use or another use that was not authorized by the Service Plan or any Acquisition and Reimbursement Agreement.”

Meridian and Landmark sales staff members have distanced themselves from Davidson “We have nothing to do with [Davidson] any longer,” said a sales associate who asked not to be identified. “This [issue] has nothing to do with our office.”

According to the indictment, real estate broker Rike Palese,

A new Landmark brochure showing significant price cuts in condo units notes, “We’re still here and better than ever!” who was contracted by a company owned or managed by Davidson to sell and market residences, was elected to District’s Board of Directors. On Jan. 4, Palese was showing prospective buyers units in The Meridian Tower. He declined to be interviewed for this article.

Davidson, who is believed to be in North or South Carolina, is being pursued by the Arapahoe County Sheriff’s Office.

Rome Florence Portofino Monte Carlo Saint-Tropez Provence Palma de Mallorca Barcelona

Photos by Tom Barry

14 - story residential tower called The Landmark, which is adjacent East Berry Avenue.

He was selling the sizzle – not the steak.

In 2006, the Greenwood Village City Council approved the rezoning and master development plan and a development-improvement agreement for The Landmark development.

Hypo Bank of Germany was the primary lender for Davidson’s development.

The economy was going strong and the developer decided to erect a second tower named The Meridian just east of the first tower and adjacent RTD’s light rail line.

Both residential towers would feature distinctive fine art prominently displayed throughout the lobbies, libraries and dens. Residents would enjoy an elaborate fitness center featuring mini televisions and an adjacent hot tub with a small pool. Each residence is also provided a small locked wine locker.

Today, The Landmark Tower has sold nearly all of the 130 trendy residences, with only nine units remaining.

On the other side of the coin, The Meridian tower has sold only 40 percent of its inventory of 141 high-end residential units, according to a sales associate who did not want to to be identified.

Recently, the sales group at the

The Best of the Med hosted by Robert Polk two properties significantly reduced its prices for the remaining units to the dismay of some existing residents.

A sales agent noted that there were 39 different floor plans available for potential purchasers to consider.

The Meridian’s sales brochure promotes a fifth-floor 1,286-squarefoot unit with one bed, two baths and a den with a new listing price of $385,000, down from a recent cost of $524,900.

The brochure notes a 3,171-square-foot penthouse with a southwest view with three beds.

3.5 baths and a den selling for $1.54 million – down from the recent asking price of $1.85 million.

All units come with one underground parking space. The higher priced homes are provided two parking spaces.

Monthly homeowners association fees at the Meridian range from $643 to $1,235, according to its website.

There is also an annual Marin special-district assessment fee that is tacked on to the tab of each homeowner in both towers.

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January 31, 2013 • THE VILLAGER • PAGE 7

Mel Coffee (standing) expresses his dismay at an un-itemized $120,000 legal bill from John N. McNamara, a Marin Special District legal counselor, during a board meeting. Coffee requested the board not approve any additional payments without a detailed invoice from the firm. He also thanked the board for their efforts.

Photo by Tom Barry

Landmark’s Marin District Board shares legal, financial woes

By Tom Barry The Marin District was set up

by Landmark developer Zack Davidson to pay for infrastructure improvements in an area immediately south of his upscale residential condo towers and shopping center development in Greenwood Village.

Initially, Davidson intended to construct the proposed but never built ritzy European Village with Brownstone homes adding to the District’s tax base. The project was doomed to failure with the faltering economy and Davidson then filed for personal and business bankruptcies.

Taxpayers of the District are composed of condo owners at the opulent Landmark and Meridian towers and the owners of the European Village land which are comprised of the Federal Depositors Insurance Corporation (46.14 percent), FT-NE (18.87 percent) and Adams Bank (34.99 percent), according to U.S. District Court records.

Some residents have asserted that Davidson, through the use of “smoke and mirrors,” received the the Greenwood Village City Council’s approval of the special metropolitan district. Davidson allegedly confiscated $3.1 million from this district, according to grand jury findings on Dec. 27, 2012.

Davidson committed suicide on Jan. 8 in a Florida forest. His memorial service was held last weekend in Bluffton, S.C.

Davidson’s debacle taxes District

Many homeowners attending the emotionally-charged Jan. 23 Marin board meeting continue to be outraged at the yearly mill assessment ranging between $4,000 – $6,000.

The tax being paid does not cover the interest on the principal.

Immediately after the meeting was called to order the board went into executive session for an hour discussing legal matters with Tony Leffert, an attorney with Robinson, Waters and O’Dorisio. Two weeks ago, the firm was selected to address

major legal issues relating to the indictment and determine if there are any causes of actions to recover funds.

Marin District has limited funds

The board re-adjourned with 30 taxpayers/homeowners at the towers in attendance at the Meridian’s clubroom. The special metropolitan district has $27,000 in their checking account and $6,000 set aside for legal expenses. The District owes bondholders about $17 million.

Currently, legal questions abound in the courts if Davidson illegally set up the Marin District, along with unresolved and pending TABOR issues. Many residents have previously expressed they feel like they are being taxed without representation.

“There was a $40,000 starting number for legal services,” said Leslie MacGuire, the chairwoman of the Marin Special District, who has sat on the volunteer board for nearly three years. “We do not know how much we could receive or be spending on legal services.”

The board does not appear to have a signed financial agreement with 18th Street Denver law firm.

“We don’t want to waive attorney client privilege,” said MaryAnn McGeady, an attorney with McGeady Sisneros who was hired a month ago to represent the board. “We want to be cautious as we proceed.”

It was noted in the meeting that the board is open to accepting outside funds for legal expenses. This could end up being a long, costly and litigious ordeal.

If Leffert’s legal firm takes the battle on a contingency basis and wins, McGeady said the law firms typically take 40 percent or more, plus costs.

The lively meeting proved to be contentious at times, as several discontented people left after asking questions of the board and expressing their opinions.

Undetailed legal invoice

In another hotly contested issue,

several riled taxpayers addressed the board about recent legal fees of $120,000 accrued by trial lawyer John N. McNamara with the Washington Park – Old South Gaylord law firm that bears his name.

McNamara was hired to litigate recent court maters and still works with the District in matters related to the organization of the District and the TABOR case.

“It feels like Zack Davidson once again because we don’t have any bills,” said Natalie Goldman, a taxpayer in the District.

Residents and board members claimed they have not received any detailed information pertaining to the recent McNamara invoice.

“McNamara has not provided a detailed invoice because he feels that there is a leak on the Marin board and he does not want his legal strategy revealed,” said Chairwoman MacGuire.

“No detailed bill, I would have been laughed out of business,” said a frustrated Mel Coffee, a retired attorney with 40 years of expertise and a former Colorado state legislator.

He requested the board not approve any future bills for McNamara’s firm without a detailed invoice.

McNamara said he had submitted invoices in increments since June 2011 through Jan. 3, 2013.

“In my judgment these are frivolous cases brought against my client Colorado Bond Shares and the Marin Metropolitan District,” said McNamara, a litigator for 30 years.

“While these cases are frivolous they have required massive amounts of time and efforts to defend successfully and the cases are not yet over. A great deal of expensive legal work remains ahead. Ultimately, it is my client’s goal to place the legal bill in defending these frivolous cases on the door step of the petitioners who filed these cases.”

McGeady said, “McNamara has filed a motion on the District’s behalf to have the adverse party pay the legal fees and has advised he will produce the bill in the next 60 days or so.”

Conti: Xcel Energy’s changes good for small businesses After working alongside Xcel Energy representatives for the last two months, State Rep. Kathleen Conti, R-Littleton, announced that Xcel Energy is amending its current notification policies to provide greater notice for commercial customers with growing energy use.

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PAGE 8 • THE VILLAGER • February 21, 2013

Marin Special District members asked to ‘pass the hat’ for legal expenses

THEVILLAGER

By Tom Barry Zachary Davidson was able to see a large portion of his dream come true until the economy began to tank in 2008. He successfully constructed two opulent high-rise residential condo towers, The Meridian and The Landmark in Greenwood Village, adjacent I-25 near Belleview Avenue. He also developed the adjacent retail and entertainment area that includes the Landmark Theaters and Comedy Works nightclub, along with some restaurants and retail shops.

This South Carolina developer Davidson came into town with all the glitz and glamour of a high roller. He wanted to add a European village as his crown jewel to the development. This businessman began a special district to pay for the infrastructure improvements for the European village, which received approval from the Greenwood Village City Council.

The homeowners/members/taxpayers are assessed a tax of $4,000 to $6,000 each year.

On Feb. 14, the Marin Special District Board came out of executive session after meeting with legal counsel. Four board members had met with Anthony “Tony” Lefferts, an attorney with Denver law firm of Robinson, Waters and O’Dorisio. The new firm has agreed to take on the District’s challenging and convoluted legal case on a contingency basis receiving about 35 percent of the final settlement if successful.

“The contract (with the new firm) has been approved and not yet executed,” said MaryAnn McGeady, who has served as general counsel for the district board since January. “The contract will be executed by the next meeting.”

The new law firm is expected to pursue $3.1 million that was allegedly bilked by Landmark’s developer Davidson. The developer was indicted by a grand jury in the 18th Judicial District on Dec. 27, 2012. These legal, personal and business bankruptcies then prompted Davidson to commit suicide in Florida’s Withlacoochee

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Marin Board approves audit one and a half years past due

The Marin District conducted another special meeting last Thursday night. The board is hiring a law firm to pursue the $3.1 million dollars that was allegedly absconded

by Landmark developer Zackary Davidson who recently committed suicide.

Photo by Tom Barry State Forrest on Jan. 8.

The board, composed of homeowners, then shared with 16 members in open session that Lefferts’ firm would require the Marin District to pay expenses for costs including expert witnesses and depositions.

McGeady estimates the firm will require $50,000 to $100,000 in out-of-pocket costs to pursue the pilfered funds.

The board and McGeady were not at liberty to discuss any details relating to legal strategy or related issues along with whom they were going to pursue to recover the funds, citing attorney client privilege.

After hearing Lefferts address the executive session, board members said they were confident the firm had a solid strategy and would not have accepted the case on a contingency basis if they were not assured of the strong possibility of a successful outcome.

“The attorneys feel that we have a very, very good case,” said Alan Boxer, a board member with a background as a certified public accountant. “We can’t discuss specifics of the litigation.”

McGeady said, “We’re going to ask the homeowners Marin District members to pass a hat.”

The monies would be specified for expert witnesses and depositions. McGeady cited the time period for this developing legal matter runs from 2008 to 2012.

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Residents were told they could make loans to the legal effort and if the firm was successful in obtaining the funds, they could potentially be repaid on a priority basis.

“This is no way to do business,” said Jim O’Toole, a retired Army officer and now businessman.

Many members were dismayed and very frustrated to learn they were being asked to “pass the hat” for money but could not be told any details about the legal case that is in the works. Additionally, members who choose to make a loan for this legal matter would not have any control or say in the case due to client confidentiality.

It is expected that Lefferts’ firm will seek reimbursement of insurance funds from individuals that were previously associated with Davidson in The Landmark development and formation of the Marin District. The legality of the formation of this District remains in question and is the basis of another lawsuit being appealed by yet another law firm representing the board. McGeady noted that the board had previously budgeted $6,000 for legal expenses this year.

A motion was unanimously passed by the board to voluntarily solicit loans from the homeowners. It is believed that the board will also pursue some additional outside funding sources.

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By Tom Barry The Marin Special District held another special session on Feb. 14 to discuss legal and financial issues.

The main focus was to share that the Denver law firm of Robinson, Waters and O’Dorisio will be hired on a contingency basis to go after $3.1 million allegedly absconded by the Landmark’s developer Zackary Davidson, according to a grand jury indictment late last year.

A brief portion of the meeting addressed financial matters in the troubled district.

Toward the end of the meeting, board member Steve Goldman made a motion “that all bills be paid in the regular meeting and not in executive session.” Previously, voting to approve funds for some bills had been approved in executive sessions. The motion was approved.

“We will modify the budget to accommodate the lawyers and accountants,” Goldman said in frustration.

At the end of the meeting he stated that the board “was being asked to modify the budget to meet the audit.”

Goldman said there were no capital improvements. He was then assured by a fellow board member and MaryAnn McGeady that this was common practice and the amendments would be noted on the budget.

McGeady, the Marin board’s general counsel, shared that approval of the past budget audit was one and a half years past due. “$13 million was used to prepay principal on bonds in 2011; $10,000 was spent on accounting expenses in 2011 in the capital fund; $107,000 was spent on legal expenses in 2011 in the capital fund,” according the 2011 Capital Project Fund Budget Amendment, McGeady said.

DA Brauchler to dismiss Davidson’s indictment

By Tom Barry Landmark developer Zackary Davidson was indicted by a grand jury in the 18th Judicial District on Dec. 27, 2012. Thirteen days after the indictment was released, Davidson, who had previously declared personal and business bankruptcies, was found dead of an apparent suicide in the Withlacoochee State Forest in Florida.

He had eluded law enforcement that had been looking for him in Bluffton, S.C., where he was believed to be living near family members.

The District Attorney’s Office in the 18th Judicial District has officially received the death certificate from the Florida County.

“In all cases where the defendant dies, we typically make a motion to dismiss the case,” said Lisa Pinto, the director of communications for the District Attorney’s Office. “We wait for the court to grant the motion before announcing that the case has been dismissed. In any such case, we would not comment on the motion to dismiss until it is filed.”

District Attorney George Brauchler said, “Our team dedicated a year to presenting the indictment against Mr. Davidson and prepared a compelling case in which the Grand Jury handed down an indictment against the defendant on multiple counts of felony theft and embezzlement. Mr. Davidson’s suicide precludes our office from presenting the evidence at trial and – in the absence of a conviction – precludes the victim Marin Metro taxpayers from obtaining restitution through any repayment of the $3.1 million that was allegedly stolen from the members of the Marin District.

“We seek justice in every case whether it is a violent crime or white collar offense. Here, the ultimate victims were the taxpayers of our jurisdiction.”

The Villager will continue to provide updates on this case online and in the weekly newspaper.

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PAGE 2 • THE VILLAGER • February 28, 2013

Accused predator arrested for luring child on internet

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By Peter Jones E v e n t u a l l y, After nearly Richman allegfour weeks of unedly made ardercover investirangements to gation, a man was pick up a juvenile arrested in Centenon Feb. 14 in the nial after Arapa7300 block of East hoe County depuArapahoe Road. ties found him on After watching the Internet trying him enter the area to lure a teenage and approach the girl into sex. undercover invesOn Feb. 20, tigator, the susthe Sheriff’s Ofpect was arrested fice reported that Aaron Richman without incident Aaron Richman, 39, had been taken into custody and charged with two felonies for on Valentine’s Day after making luring and sexually exploiting a arrangements to meet a 13-year- child.

Richman was released pendold girl, who turned out to be an ing a future court date after postundercover investigator.

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Anyone with information Against Children Unit began its investigation of Richman in about other crimes potentially mid-January. During the course committed by Richman is asked of several weeks, investigators to call the Sheriff’s Office at 303had numerous communications 795-4711.

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Landmark developer Zack Davidson committed suicide on Jan. 8, 13 days after being indicted by a grand jury on 20 counts of fraud and embezzlement. Davidson drove his Mercedes C320 sedan to a Florida state forest where the incident occurred. The front seat of his car contained various items including a Bible that was opened with several passages highlighted in yellow. Next to the Bible was an envelope with a handwritten note for his family and friends.

Courtesy photos

Zachary Davidson reveals troubles in his last note Landmark developer’s past leads to suicide

By Tom Barry Zachary Davidson, a self-proclaimed “arrogant” developer, came to Greenwood Village with a vision of building two high-end residential condo towers and a distinctive shopping district that included diverse retail, dining and entertainment. He then pushed his luck by promoting an adjacent European-style village and worked to create the Marin Special District to fund infrastructure Zack Davidson allegedly drove his silver 2003 Mercedes sedan from Bluffton, S.C., to a Florida state forest to commit suicide. costs.

Davidson’s full dream of devel- He left behind a final note to friends and family. oping the European Village came an additional five pages of quotes questioned his ability to survive a crashing down simultaneously with from the Bible, along with personal lengthy incarceration. the economy. notes for his children.

Davidson expressed his gratitude The Meridian luxury condo tow“I am absolutely clear that I am to some individuals that mentored er is nearly full while The Landmark sorry doesn’t work so many times him over 25 years. He wrote that continues to struggle. The popular retail district appears to be holding in life,” said Davidson beginning allowing his insecurities and selfishthe suicide note. “…includ- ness was disruptive toward what he its own as the top parking lot ing but not limited to the in- could have done. is oftentimes full on weekdictments that were passed According to Davidson’s acday evenings and Friday down from the court on the count, he had prepared himself spiriand Saturday nights. The 27th. Without going into tually in advance for this fateful act. development has been redetail and without showing Davidson acknowledged that he possessed by Hypo Bank in any denial, you can choose suffered from a bipolar dysfunction Germany after Davidson’s to believe or not believe for many years. He claimed that, previous business and perthe fact that a considerable “the bipolar disorder had caused me sonal bankruptcies develamount of what was con- to be very out of control in my acoped.

Zachary cluded in the indictments tions many times…”

On Dec. 27, 2012, DavidDavidson has another story that is mason was indicted by a grand Davidson declared that he was terially different.” jury in the 18th Judicial Disnot making excuses for his actions He cited his remorse for past and took responsibility. trict on 20 counts of fraud and emactions and frequently referred to bezzlement. He was believed to be An autopsy and toxicology report living in Bluffton, S.C., near family religious passages throughout the showed that Davidson had Benaand friends. Upon learning of the extensive letter. dryl, caffeine and Valproic acid, a “…In the end, I have consulted indictment, he failed to turn himself medicine used to treat bipolar dysin. According to law enforcement, countless individuals about the real- function in his system. All factors in ity of the prison system,” said Dahe evaded arrest. both reports were determined to be Davidson’s apparent run from vidson. “I would be relying up(on) a “unremarkable.” the law came to an end on Jan. 8, public defender paid for by the state Last week, Judge Weishaupl when Davidson committed suicide to represent me on what will be a signed a motion to dismiss the inin a Florida state forest near Tampa. hugely complex trial of financials.”

Relating to the indictment Da- dictment that had been issued by He had driven a silver Mercedes vidson said, “In the end, I believe District Attorney George Brauchler C320 sedan registered in his name I know intimately enough of the from the 18th Judicial District. to the site of the incident and was “In all cases where the defendant identified at the scene by his South details of the 20 counts asserted to dies, we typically make a motion to know that even if have are able to Carolina driver’s license. dismiss the case,” said Lisa Pinto, According to a report from the prevail on 16 or 17 of them, that the director of communications for could still recommend a sentence of Hernando County Sheriff’s Office relating to the Davidson investiga- 20 – 25 years on the remaining up- the District Attorney’s Office.

Individuals, family members tion, “The subject left notes indicat- held charges.

“With the reality of what I now or friends that are concerned about ing this was planned,” An open Bible on the front seat know I face every day from an emo- suicide issues should contact the Nahad several passages highlighted in tional and chemical challenge stand- tional Suicide Prevention Lifeline point, along with my sadness…,” 800-273-8255. This universal tollyellow. Davidson was 45 years old. free number is routed locally and is Davidson left a four-page type- said Davidson.

He expressed major concerns staffed by skilled staffs to provide written suicide note in his car for family and friends, which included and fears about prison life and local resources.

March 7, 2013 • THE VILLAGER • PAGE 33

digs

Marin develops funding alternative for legal expenses

By Tom Barry The typically warm hospitality of The Meridian’s concierge staff at The Landmark condominium tower suddenly changed after two stories about the development appeared on The Villager website on Feb. 24. The previously cordial atmosphere became one of uneasiness and heightened security in the exclusive private residences in Greenwood Village.

The Landmark development’s two residential towers and shopping district have become major focal points since the suicide of Zack Davidson 13 days after criminal charges were filed against him. The developer had been indicted by a grand jury on 20 counts of fraud and embezzlement. The indictment was handed down two days after Christmas.

Davidson with the help of legal counsel had created a special metropolitan district to cover infrastructure costs at a proposed European Village-style development. The complex just south of the Landmark complex was never constructed. Instead, Davidson was charged with confiscating $3.1 million from the district’s taxpayers— residents of the Landmark and Meridian towers – and Colorado Bond Shares, which issued the bonds, along with UMB, a financial-services company.

On Feb. 27, the Marin Special District held its fourth special meeting in two months. The board went into immediate executive session behind a sizable wood brown door while John Simmons, the board’s certified public accountant, waited in the lobby reading The Villager’s account of recent related events. He later joined the meeting.

About two hours later, the door opened and board members along with Simmons and the board’s legal counsel emerged from the closed session.

Board pursuing $3.1 million

The board approved the engagement letter with Anthony Lefferts, an attorney with the Denver law firm of Robinson, Waters and O’Dorisi, which reportedly briefed the board on matters related to the firm’s efforts to take legal action against individuals and companies that

Attorney Anthony Lefferts briefed the board on matters related to his efforts to take legal action against individuals and companies that may have defrauded the district.

may have defrauded the district.

The law firm is working on a contingency basis to recover the misappropriated money.

MaryAnn McGeady, the board’s recently hired legal counsel, announced that Skip Weller, the board’s secretary, had resigned from his position. The resignation would leave two vacancies and only three board members to read reports, untangle the past actions of predecessors and decipher a slew of issues related to previous high-priced legal and financial consultants.

Legal expenses alternative adopted

Around 20 taxpayers/homeowners were in attendance as McGeady explained how the board had devised an alternate funding plan to provide $50,000 for legal expenses to cover the costs of expert witnesses and depositions. McGeady did not offer any details about the legal strategies or what was discussed in executive session, citing attorney-client privilege. Previously, the board had said taxpayers might have to “pass the hat” and loan funds for the legal costs.

A motion was made and ad-

opted related to the funding, noting that the funds would have to be replenished from the extra mill levy. Taxpayers learned that if the litigation efforts to recover the funds and reimburse costs were unsuccessful by Dec. 1, 2016, an additional three mills would be added to the yearly tax base for collection in 2017.

Currently, Landmark condo owners pay approximately $4,000 to $6,000 annually into the Marin District based upon 61 mills, according to McGeady. This mill levy increase will add approximately $24 to the yearly expense.

“We will borrow money from the debt-reserve fund,” Board President Leslie MacGuire said.

Rich Silver, a former Marin board member and Landmark resident, inquired about the idea of legal funds coming out of the residents’ pockets and questioned the cost benefits of litigation.

Several residents spoke up in support of the funding alternative, saying they felt the board was taking appropriate action and had devised a fair approach to cover legal expenses since the attorney’s work was being done on a contingency basis.

Colorado Bond Shares and UMB had been previously asked to assist with financial support on the legal issue, but declined, according to McGeady.

Marin District legal counsel MaryAnn McGeady, left, addresses Landmark homeowners as Board President Leslie MacGuire listens.

Photos by Tom Barry

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Contentious undocumented legal bill

In another point of significant contention, several homeowners expressed concern about the legal fees of $250,000 paid to Washington Park lawyer John McNamara. The board said it had only received the total amounts in invoices from McNamara, but never any detailed accounting of services rendered.

Colorado Bond Shares and UMB, which serve at the trustee and as an administrator, have received a detailed accounting and have paid the invoices. McGeady said McNamara has been successful in his legal defense of the district. McNamara has filed a court motion to have The Landmark Homeowners Association reimburse him and the Marin District for legal fees.

Greenwood Village Police officer and his dad honored Greenwood Village Police officer and his dad honored

On March 2, Greenwood Village Police Officer Ryan O’Connor, a veteran U.S. Army soldier who earned a Purple Heart in Iraq, and his father, active U.S. Army Col. Richard O’Connor, were honored by the Denver Cutthroats as part of the team’s “Military Appreciation Weekend.” The O’Connors teamed up to drop the ceremonial first puck at the game between the Cutthroat’s captain Aaron MacKenzie the Tulsa Oilers captain Sean Erickson.

Courtesy photo

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Volume 31 • Number 38 • August 15, 2013

What’s Inside

303-773-8313 • Published every Thursday

Landmark saga continues

Page 3

Broncos update plans for new Dove Valley indoor practice facility

www.villagerpublishing.com

Page 15

Colorado brewery included in documentary on sustainability

Cancer League to honor Mort and Edie Marks and family

The expansive undeveloped land from the proposed and never built European Village is immediately south of the Landmark, left, and the Meridian tower condos.

Page 19

Photo by Tom Barry

Real estate agent agrees to $100,000 settlement in Marin suit

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Arts Festival returns • Affordable to ACC Aug. 25

Page 35

Index

Page 5..................................Opinion Pages 6- 8............................. Politics Page 8............................ Classifieds Page 12..................................... digs Pages 16-21........................Fleurish Pages 22-33..........................Legals

TheVillagerNewspaper @VillagerDenver

By Tom Barry rominent RE/MAX agent Rike Palese once mingled with Colorado’s social elite promoting the ritzy Landmark condominiums during the early days of the development.

Flashy and self-described “arrogant” developer Zack Davidson had held grandiose catered parties where libations flowed and no expense was spared.

Palese’s real estate firm held the exclusive marketing rights for the Landmark and Meridian condominium developments in Greenwood Village, south of I-25 and Belleveiw Avenue in the Denver Tech Center. Palese also served as an elected director for the Marin Metropolitan District.

In March, the Marin District hired attorney Anthony Leffert of Robinson, Waters and O’Dorisio, to file suit on behalf of the district. The filing listed the defen-

P

dants as Palese, Paul Cockrel, an attorney with Collins, Cockrel & Cole, and LeAnn Jones, a certified public accountant in Texas.

The district is attempting to recover funds allegedly pilfered by Davidson.

The Villager filed a Colorado Open Records Act request to obtain the lawsuit document filed in Arapahoe County Court. The Villager learned from a second CORA-requested document that on July 24, Palese signed a $100,000 out-of-court settlement and release agreement with the Marin District.

In the four-page document it was noted “… The payment made under this Agreement is not to be construed as an admission of liability; and any and all liability is expressly denied.

Due to a “No Public Comment” provision in the legal document, all parties to the settlement are prohibited from discussing the matter.

Palese has also agreed to cooperate with the Marin District without subpoena or payment. He

will produce a copy of his files and emails related to the special district and could also appear for depositions and trials providing testimony under oath.

History of alleged fraud

The two lavish high-rise residential developments at the Landmark were the brainchild of Davidson, who acquired financing from Hypo Bank in Germany to build the two towers. Davidson also constructed the upscale Village Shops at The Landmark, a property now in receivership.

Davidson then decided he would add a third pricey gem to his collection and planned to construct The European Village community immediately south of his Landmark development.

In 2007, Davidson, along with Cockrel, Palese and other professionals, worked together to develop the Marin Metropolitan District. The developer had intended to finance infrastructure improvements on the undeveloped land for the European Village. Cockrel also served as legal counsel for

the Marin Board.

The taxpayers for the Marin District are the residents of Landmark’s two-condo towers. They are assessed between $3,000 and $6,000 yearly from the district.

Minimal improvements were done on the European Village property. That issue, along with the assessment, was part of a weeklong court trial two weeks ago in Arapahoe County.

Last November, Davidson was indicted by a grand jury in the 18th Judicial District.

“The basic allegation is that Davidson improperly took approximately $3.1 million in public money from the Marin Metropolitan District and used the money for private and unrelated business expenses,” said Casimir Spencer, a former spokeswoman for Carol Chambers, the previous district attorney.

Davidson was charged with 20 counts of fraud and embezzlement. He committed suicide Dec. 27 in a Florida forest.

Continued on page 4

Centennial voters may decide fiber optic fate Ballot question could allow city to lease system

C

By Peter Jones entennial voters are poised to decide whether their city should enter the telecommunications industry.

City Council has directed its staff to draft a ballot question that would ask residents if Centennial should explore other uses for the 42 miles of publicly owned fiber optic lines that are currently used for traffic-signal operations and connecting pub-

lic facilities.

If the council approves the ordinance this month, as is expected, city voters would decide the question on this November’s municipal ballot. Centennial would be the first larger Colorado city to take such a step, following the lead of Glenwood Springs, Fort Morgan and Leadville, among other smaller municipalities.

Although the technical applications are known – from high-speed Internet to television – it is unclear how exactly Centennial would use its voterapproved authority to expand usage of its fiber optic network.

Partnering with the appropriate provider to get gigabyte service to all the homes in Centennial – I think that ought to be our goal.

- Centennial City Councilman Ken Lucas

“I’m not sure we know exactly where this could go in the future,” District 4 Councilman Ron Weidmann said at the Aug. 5 council meeting. “But let it breathe and let it take shape. I think we need to give this thing a chance.”

Although Centennial would have broad latitude in its expanded use of the network, most councilmembers think it is most likely the city would forge partnerships with Internet and television service providers, thus offering financial benefits to the city while increasing competition and providing faster and higher-capacity services to Centennial’s residents and businesses.

“They really want higherspeed Internet. They don’t have it. It’s impinging their growth,” District 3’s Ken Lucas said of Continued on page 4

PAGE 4 • THE VILLAGER • August 15, 2013

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Former director Cox was the whistleblower Continued from Page 1

Marin defendants guarding henhouse

“…Defendant Rike Palese, individually and through his various real estate brokerage firms, has served as the exclusive listing agent for the Meridian and Landmark Towers,” said the filing. “Former directors Defendant Rike Palese, Jonathon Keiler and Katy Everett are real estate agents and were involved in the real estate marketing and sale of condominium units of the Landmark development. Each of these directors were appointed by Davidson. … The District issued $30 million in bonds, which were to be repaid by property taxes to be paid by the residents of the Marin development and The Landmark and Meridian Towers.”

The suit alleges that Davidson was the principal and the developer of the various entities and

was the chairman of the board of the district. “…Davidson was also in charge of authorizing reimbursements to the developers,” said the document.

In July 2008, requisitions were reviewed and discussed with defendants Cockrel and Palese. “…The remaining five Requisitions were not submitted to the Board of Directors for the District after questions were raised regarding the first Requisition by former director Chad Cox, one of the principal architects for the District project,” noted the lawsuit. “After the first Requisition, the Requisitions were drafted, reviewed and approved only by Davidson, Cockrel, Palese and Jones.”

Former director Cox was the whistleblower that went to the Greenwood Village Police Department, leading to the grand jury indictment of Davidson.

The suit alleges that the defen-

dants “aided, abetted, assisted and advised Davidson in a fraudulent scheme to misrepresent and misstate requisitions of alleged District expenses to Davidson and his development entities. Each of these Defendants participated in this scheme knowing that the requisitions and certain amounts paid to the developers were fraudulent and that the monies paid to the developers were not used for the expenses of constructing District facilities.”

Davidson was paid about $34,000 monthly for compensation from various accounts. The suit alleges that each defendant “gained substantial financial benefit in their roles. …”

Palese is no longer involved in the exclusive marketing for the property.

“Defendant Palese’s participation in the fraud and the fraudulent concealment was done intentionally, recklessly, and wantonly,” according to the suit.

Weidmann: ‘I think we need to give this thing a chance’ Continued from Page 1 local businesses. “I’m not for [the city] competing with the private sector at all. But partnering with the appropriate provider to get gigabyte service to all the homes in Centennial – I think that ought to be our goal.”

District 1 Councilman Rick Dindinger was the only official to voice concern about the city playing a role in the Internet and cable marketplace.

“I think it’s dangerous ground for government to be there,” he told his colleagues. “I totally favor competition, but when the government is competing, I think that skews the competition because we can tax, and that’s a power that private enterprise does not have.”

Dindinger argued that Centennial should let smaller cities explore the technical and legal territory of fiber optic expansion, rather than becoming what he considered a test case on the unknown.

“Let them experiment and see where this goes,” he said. “Let’s not necessarily get in the forefront of this. … Let’s see if other cities our size come on board.”

The rest of council strongly disagreed, contending that Centennial should take a leading role as a way to keep the city competitive. District 1’s Vorry Moon said it comes down to a matter of economic development.

“If we want to continue our way of life and this sort of thing, we need to put our city in a position where we can offer this to businesses,” he said. “Let’s give them a choice between Fort Morgan and Centennial. I think they’ll pick Centennial.”

Many business leaders agree.

Vic Ahmed, founder of Innovation Pavilion, a Centennial-based incubator for about 75 mostly hightech companies, thinks the move would put the city on the technological map.

“I think it’s a no-brainer,” he said. “The pipes are already in the ground and are absolutely under-

utilized. This would put us ahead by many years as opposed to other cities who first had to put the infrastructure in place. This would definitely put us at an advantage and bring positive attention to the city.”

City Council must put the decision up to Centennial residents because of a 2005 state law that prohibits municipalities from directly or indirectly providing telecommunications services, unless voters decide otherwise. The law was intended to prevent municipal competition with the private sector.

If voters were to OK the expansion, Centennial would be empowered to sell, lease or otherwise provide commercial or public access to its fiber optic system.

“If nothing else, it would be nice to have Wi-Fi in our park,” Mayor Cathy Noon said with a laugh.

A draft ordinance is expected to be presented to the council on Aug. 19.

Election Day is Nov. 5.

Volume 31 • Number 40 • August 29, 2013

What’s Inside Botanic Gardens lures 550 to Fete

www.villagerpublishing.com

303-773-8313 • Published every Thursday

A Landmark of a legal mess

Page 11

Investors may purchase development’s $100 million note

Page 29

Bennet pushes bipartisanship

Page 30

DTC/Greenwood Village Chamber Goose Chase a success

Two posh Landmark residential towers stand in the background as a light rail train speeds past the Village Shops at The Landmark’s upscale retail center.

Photo by Tom

Don’t Miss:

group steamed over • Citizens long-awaited Depot sale Page 2 Cherry Hills Village launches • KCHV TV, Channel 22 Page 9 cancer fundraiser • Reporter’s continues

Page 12

Index

Page 5..................................Opinion Page 8............................ Classifieds Pages 11-22........................Fleurish Pages 24-28..........................Legals

TheVillagerNewspaper @VillagerDenver

By Tom Barry The colorful and wild times at The Landmark continue behind the scenes, as there is almost enough material for a reality television show at this point. The troubled Landmark consists of two ritzy high-rise towers and an adjacent upscale retail center just south of I-25 and Belleview, in Greenwood Village.

In the last 10 months, Zack Davidson, The Landmark’s developer, was indicted by an 18th Judicial District grand jury on 20 counts of fraud and embezzlement of $3.1 million. The developer had already filed personal and business bankruptcies. In early January, Davidson commit-

ted suicide in a Florida forest.

The Marin Special District was previously set up by Davidson and others to fund infrastructure improvements at the never-built European Village. This proposed extravagant residential development site remains undeveloped and is just south of the Landmark property.

The district’s taxpayers are the residents of the two towers, The Landmark and the Meridian.

The district has since filed a civil suit against its former attorney Paul Cockrel, accountant LeAnn Jones and Rike Palese, a real estate agent, to recover some of the pilfered funds.

In this last month, Palese, who had the exclusive marketing

contract for the towers and served on the Marin board as a director, settled out of court for $100,000 while denying any wrongdoing.

To further complicate matters, the homeowners association representing the two towers has a legal action relating to the Marin District. The two groups of lawyers representing the parties spent a full week in a trial at an Arapahoe County Court this month and are awaiting a judge’s decision.

The primary financial lender for The Landmark properties was Hypo Bank in Germany, which has since gone belly up and has been acquired by the German government, which essentially owns the majority of the financial

Barry

note. Two other financial investors own a smaller portion of the note.

The Arapahoe County Court selected Denver-based Andy Miller and David Frishman of the firm bearing their last names as the court-appointed receivers for the residential towers and the high-end retail, entertainment and restaurant property.

Potential investors shared with HOA

In the last few months, the receivers have been working diligently behind the scenes to maintain and improve the property for Continued on page 6

Village Center project draws contentious crowd

By Jan Wondra The Aug. 19 Greenwood Village public hearing and City Council meeting, focused on a proposed Village Center plan, drew a packed crowd intent upon being heard.

The lengthy session, which began at 6 p.m. and ended at 11 p.m., was devoted to plan presentation, a lengthy public hearing and council’s questions to the presenters.

The Village Center project at the center of debate is an 18.5acre, undeveloped parcel called the Koebel Annexation, located next to the public park and ride garage off Yosemite and Caley. The hearing begins what would be a complex procedure, involving five separate steps: rezoning to mixed use town center, amending the master plan, redesignating the city’s agreements with neighboring subdivisions, a special use permit and changes to the site development plan.

The proposed Village Center plan would divide the 18.5-acre parcel on Yosemite and Caley into an open space park, and a mixed use town center of high end, multi-family residential, commercial space and a hotel, across I-25 from the light rail station.

Image courtesy of Greenwood Village

Early in the public hearing, it became clear that opinions divided along demographic lines, as well as psychographics and lifestyle patterns. Comments were heard from

those wanting the Village to remain as close as possible to the way it was when they arrived, and those acknowledging the changing lifestyles of the south metro area. Of

particular focus, the workforce critically important to Colorado’s future, the upcoming 25-34-year-old demographic, as well as the older, highly-educated, demographic not choosing to be homeowners.

The subjects of homeownership as the ideal for future workforce goals, the question of traffic loads close to residential neighborhoods and whether the city’s master plan truly intended for this area to be “mixed use” fueled the debate.

There was a large residential presence from the Sundance and Hermitage neighborhoods, both for and against the project.

Joy McGee, Greenwood Village planning manager, provided the plan overview, approved by Greenwood Village Planning & Zoning.

The plan would divide the parcel (in its original 1984 configuration a Continued on page 6

PAGE 4 • THE VILLAGER • August 29, 2013

‘Positive’ Kentwood markets Landmark condos Many report change in attitude since Davidson controversies

By Tom Barry Over the last few years, The Landmark’s two high-rise residential luxury towers and the adjacent retail center have encountered tumultuous times. Developer Zack Davidson declared bankruptcy and was indicted last December by a grand jury for embezzlement and fraud relating to the Marin Special Metropolitan District. He committed suicide in a Florida forest.

The Villager recently reported that Palese, a Centennial RE/ MAX Realtor, had an exclusive contract to market the posh tower, settled out of court with the district for $100,000, denying any guilt.

Palese is no longer involved in the marketing the distinctive Greenwood Village luxury towers south of I-25 and Belleview Avenue.

“A lot of people ask us about the history of The Landmark,” said Gary Carlson, a broker associate with the Kentwood Cherry Creek real estate firm. “History is interesting reading, but ultimately history is history. We are dealing with today.”

The receivers of this property in the bankruptcy action are Andy Miller and Dave Frishman of Miller Frishman. Earlier this year, the receivers interviewed at least three prominent Denver area real estate firms to take over the exclusive marketing of Landmark’s two towers, the Landmark and the Meridian.

Kentwood was selected to market the residential units.

“Our professionalism and integrity, local operations and local ownership are well versed in representing high-end properties,” said Carlson, a real estate agent and former luxury custom homebuilder. “We have our own inhouse marketing department.”

Carlson and Darrell Hamilton are the listing brokers, along with two other sales staff.

“We are all seasoned brokers and are open seven days a week,” Carlson said.

The housecleaning occurred at The Landmark residential sales office at the end of March. Kentwood is now the exclusive company marketing these towers.

“It takes a while to turn the tide,” said Carlson, who said he had just received two offers that day from prospective owners. “It takes some time to change mindsets.”

The Kentwood group has five units that have either sold or are under a form of contract, since

Some of the Kentwood Cherry Creek staff at The Landmark sales office include Broker-Consultant Stock Jonekos, Deborah Syke, sales assistant, and Gary Carlson, broker Photo by Tom Barry associate. taking over the marketing activi- and more open approach.

Staff member Debra Sykes ties, according to Carlson.

Residential units are offered warmly greets guests and shares between $385,000 and $1.64 mil- the new Kentwood magazine and lion.

Landmark brochures, along with “We provide commissions to a cold water bottle. Some currepresenting brokers consistent rent residents say Kentwood now with the new-built properties in has a more open style, unlike its the market area,” Carlson said. predecessors who some say may Each contract is individually have had something to hide. negotiated.

“We provide a full disclosure “We attract people who are of written and verbal information used to the south part of town,” about all aspects of the project,” Carlson said. “This is clearly the Carlson said. best opportunity for someone Kentwood provides prospeclooking for a high-rise lifestyle tive buyers contact information and resort amenities within the about the Marin Special District building.” tax, along with information about The homeowners association the HOA. dues provide residents a 24-hour The Landmark’s sales office is concierge service, a grandiose staffed throughout the week and lobby, a small theater and meeting welcomes general walk-in trafroom, a fitness center and an opu- fic. Kentwood is also providing lent outdoor pool. multi-listing service feeds to broThe average cost per square kers, along with posting informafoot of the residential units ranges tion for prospective homebuyers from $300 to $500. The estimated on www.Zillo.com and www. property tax for the units is little Trulia.com. more than 1 percent of the purMarketing efforts supported by chase price. Annual HOA dues are print advertising and underwriting about $6 per square foot. on Colorado Public Radio have an The Marin tax, which is includ- eye on the residents of Greenwood ed in the annual tax bill, is about Village and Cherry Hills. $3,000 to $6,000 on average, Kentwood’s marketing expensbased upon a unit’s value. The size es are being reimbursed by the of units ranges from about 1,290 receiver through financial instituto 3,400 square feet. tions that hold the note.

The Landmark tower is 14 stories high and has 130 units, with Change of attitude Previously, The Villager had seven remaining available. The been told to leave the sales office 15-story Meridian continues to when requesting an interview with struggle with a total of 141 units, Palese and other sales staff. These as 98 are currently unoccupied and days, there appears to be a new two units are under contract.

Coffman hosts Job Skill Seminar Approximately 370 people attended Rep. Mike Coffman’s Job Skills Seminar at the Red Lion Hotel on Aug. 15. The event was a joint presentation by Arapahoe/ Douglas Works! and the Adams County Workforce and Business Center and featured an employer discussion panel, as well as breakout workshops afterward.

Courtesy photo

PAGE 6 • THE VILLAGER • August 29, 2013

Landmark a legal mess Continued from Page 1

any potential purchaser and to support the interests of the condominium owners while managing the HOA. On Aug. 22, more than 60 homeowners from the two Landmark towers packed into a conference room at the Meridian for a regular monthly meeting, according to several sources that requested to remain anonymous and are not authorized to speak on behalf of the receivers.

Miller reportedly told the homeowners that the note holders were in serious negotiations with potential investors to purchase the approximate $100 million financial note for The Landmark residential and retail properties.

The New York-based investment management firm of Neuberger Berman appears to be taking the lead in considering purchasing the lion’s share of the property’s note.

“The residents are genuinely excited about the possibility of the sale of the note, in that the new owners will take Davidson’s original elegant vision for this upscale residential and entertainment and restaurant development to fruition,” said an anonymous source referring to a promotional video provided to early homebuyers.

“Davidson was brilliant, but lacked a moral compass and was eventually done in with the economic downturn in 2008.”

The venerable firm of Neuberger Berman was founded in 1939 and is partnering in this potential investment transaction with SVP Global, an international alternative investment firm “… Our focus is on distressed, deep-value opportunities in middle-market companies where we can typically exert significant influence or, in some circumstances, obtain outright control,” according to the SVP website. “SVP typically takes an active role in transactions, whether driving the financial restructuring of companies facing bankruptcy, on ad hoc or formal creditors’ committees, or leading the turnaround of a business by driving the strategic and operational direction of the company...”

as the new firm may also be the new receiver and property management firm.

Receivers’ responsibilities

Miller’s direct and brash business style can be polarizing, according to some people who have worked directly with him. Miller, who has adamant supporters and harsh critics within The Landmark properties, received applause from homeowners for his efforts in spearheading this transitional process and for his efforts on behalf of homeowners.

The current receivers have a fiduciary responsibility under the bankruptcy court to represent the court’s interest, along with the current occupants of the posh residential towers and upscale retail center.

Both receivers Miller and Frishman sit on the HOA board, which has three members, including a homeowner from the towers. Each of the firm’s principals also took turns sitting with the legal staff of Burg Simpson representing the HOA at the recent weeklong trial relating to the Marin District.

Sources familiar with the negotiation process indicate that this procedure could take weeks or several months to complete. The Arapahoe County Court will have to review all elements in the potential agreement prior to approval.

Potential new management firm

Denver-based East West Urban Management was also noted during the private HOA meeting, as being involved in the process.

“East West Urban Management specializes in the management of homeowners associations in Denver’s rapidly expanding Riverfront Park neighborhood, as well as in providing concierge service, property leasing, and maintenance for residents,” according to the firm’s website.

There has not been any “hard money” put down at this juncture, according to sources. It is possible that East West may replace the current receivers at Miller Frishman,

Koebel: ‘This has been a long, long, long, long time coming’ Continued from Page 1 single 671,00-square-foot development), into three distinct areas: a commercial area, a high-end residential apartment complex and an open space park, located next to the Sundance residential properties.

“Housing for multi-family units are in the 1984 plan. This plan stairsteps in height from a park near residential areas, to high-end residential apartments, commercial office space and a hotel. The proposed buildings should relate well to the existing community. The plan builds in substantial setbacks of 25 feet or more, and places the commercial height as far away from the residential communities as possible,” McGee said.

Walter Koebel, Jr., whose company has owned the property for 47 years, said, “This has been a long, long, long, long time coming. I am a patient man. You have to be, to wait this long to develop a property. We’ve tried very hard to listen to the neighbors; we’ve made substantial adjustments in the plan to accommodate concerns, including reducing the square footage, of-

fering a major park, adding a more pedestrian scale. The residential portion is first because it is necessary to activate an area in order to add viable commercial. We’ve added an extension to Willow, right through the property, to reduce Yosemite traffic next to residential areas.”

Jerri Sue Blackwell, Hermitage HOA president, said, “This is high density, I think. We’ve created a sock with traffic sitting at the bottom of it, this isn’t one small development.

This our community.”

Robert Miller, the project’s design manager, said, “Our goal is to create a vibrant village setting. This is a walkable area. We’ve reduced the street-facing profile, hidden the residential parking.”

Sundance resident, Nancy Sharps, said, “The southeast corridor light rail has provided an opportunity to adjust to changing demographics and trends. This has been in the works for 13 years, including extensive citizen meetings, committees, boards, urban land use surveys. We didn’t just plan for the times we were in. We planned for the future and I

support this project.”

“I’m against this,” said Steve Lustic, of Sundance Valley. “I’m against it due to traffic concerns and quality of life. Apartments will decrease property values. It doesn’t comply with the master plan. This is the most important decision you’ll make on City Council. Don’t send it back to P&Z.” Karen Blilie, who worked on the master plan while serving on Greenwood Village City Council, said, “Back in 2000 we tried to anticipate what would be needed to attract future business growth and workers.

We knew that only a plan including commercial space and mixed use, could help us keep revenues ahead of the needs of the Village.”

“I own a Greenwood Village business and this is the first time I’m considering moving my office to where my employees want to live,” said Jeff Riggs, whose 20 and 30-something employees tend to cluster in downtown apartments.

“Not everyone wants to own a home.

We’re facing a new urban age. We need to respond to changing times.”

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