Promenade Shops Foreclosure

July 1st, 2010

The Coloradoan covered the foreclosure hearing yesterday of The Promenade Shops at Centerra in Loveland see story

LovelandPolitics previously covered the issues related to a dispute in court between the partners (McWhinney and Poag & McEwen) that have curiously not been covered to our knowledge by any mainstream media source.

Poag & McEwen, the managing partners of The Promenade Shops at Centerra, appealed the county property tax assessment of the shopping center in an attempt to lower their annual property tax burden and improve the bottom line of the center.

McWhinney opposed a re-assessment of the property value to a lesser value to defend the 98.8% of the property taxes rebated to the McWhinney controlled Centerra Metro District. The conflict between the partners ended in court where a judge was reported have decided to postpone a decision until after the foreclosure. KeyBank will likely support the lower assessment and reduced property taxes putting a strain on the Centerra Metro District’s ability to repay the $100 million plus public bond debt issued to build Centerra.

According to sources within Poag & McEwen, they were unhappy with McWhinney using the Metro District to develop competing projects like Grand Station by using property taxes generated by The Promenade Shops for questionable “public purposes.”

A quasi-government taxing entity Centerra has been operated out of McWhinney offices by McWhinney employees who determine when they were performing a function for McWhinney or for the benefit of the Metro District.

KeyBank may now be able to appoint non-McWhinney controlled directors to the Centerra board who could object to McWhinney’s previous governance of the Metro District.

Any comments?

Consultant: $2,000 to Appear Before Council

June 24th, 2010

Consultant Robert S. Tipton is reported to have demanded an additional $2,000 in consulting fees from the City of Loveland in order to appear before the City Council during an upcoming public meeting scheduled for July 20, 2010.

Tipton recently conducted a study at the hourly rate of $200 per hour to provide “Process Mapping and Recommendations” while Assistant City Manager Rod Wensing is said to be avoiding the public’s eye and willing to pay Tipton the extra $2,000 to shrug the burden of explaining the study to an inquisitive council in public.

Read the entire story.

Rod Wensing is among the top 3 internal candidates for City Manager but this type of disregard for the public’s money isn’t earning him friends among the more fiscally conservative members of Loveland’s City Council.

Wensing has been credited with saying it is best to stay out of the public’s eye because that way you don’t get blamed when things go wrong. Whether he really did say this or not is probably secondary to the point Assistant City Manager Rene Wheeler and Public Works Director Keith Reester are the ones willing to stand-up and be accountable for staff decisions and recommendations while Wensing is frequently absent from council meetings.

In the LovelandPolitics score book that gives both Wheeler and Reester points for accountability and competence while Wensing’s alleged cynical backdoor strategy of earning the top job earns him a big zero.

Any comments?

Harassing Emails Linked to McWhinney

June 17th, 2010

For years people critical of this website have attempted to discredit this news source by making personal attacks upon the publisher and his motives instead of disputing the facts uncovered through investigative reporting. Sometimes, people drunk on their own bath water can’t resist lashing out.

Mike Hill, Loveland real estate broker and Director of McWhinney’s Multi-Family Housing may just be such a person. Emails sent to Admin@LovelandPolitics.com were insulting and barely literate so we assumed they couldn’t possibly be from Mike Hill until we bought an email trace online of the offending email address pbwaverider@Yahoo.com. The information indicated the emails were emanating from a Yahoo account owned by Mike Hill of Loveland and registered to both his home and business addresses.

When we sent our findings to Chad and Troy McWhinney along with their COO, Doug Hill (Mike’s Father we are told) via email, Mike Hill responded with the following explanation;

“Please be aware that I have friends in California that use my home computer while in town visiting me (that obvisouly have opinions on the politics and events in this area) and have access to this e-mail account both while in and out of state.”

Really? Where is Chris Hansen from Dateline NBC when we need to confront someone over who was sending emails from their account?

Please take a minute to read our story about how we tracked the source and see what things were being said in the emails along with Mike Hill’s complete email in response to our inquiry to McWhinney.

Do you believe his friends from Southern California were angry with LovelandPolitics and felt the need to attack us or did it really come from a senior McWhinney associate?

The personal attacks, intimidation and nastiness often displayed by those who support McWhinney against anyone who questions their public subsidies is unsettling. Contrary to what the offensive emails argue, rich doesn’t make right and measuring the value of one’s argument only by the size of their bank account is an argument absent any reason.

Remember, it is LovelandPolitics that is supposed to not be credible. People who claim out of town friends are taking over their personal email accounts to argue Loveland politics; are apparently the credible people you should be trusting with millions of dollars of your future sales and property taxes.

Are you kidding?

Loveland City Manager’s Land Speculation Deal; Safety Hazard For Residents

June 6th, 2010

Last month a father and son died during a house fire on Boxelder Drive in Loveland. While some residents began calling 911 between 11:10 to 11:15 pm, the emergency response team wasn’t dispatched until 11:27 and nobody arrived on scene until 6 minutes later at 11:33 pm. It was too late.

The fire on Boxelder Drive has reignited a debate within Loveland’s city hall as to whether the city’s 5 minute emergency response requirement anywhere in the city is feasible given the dramatic growth Loveland has experienced during the past decade and the failure of the former city council to properly invest in the fire services commensurate with that growth in population. While the Boxelder fire was only 3 minutes from a fire station, the “Incident Investigation Report” failed to flag it as a concern.

City Manager Don Williams has long been an advocate of lowering resident expectations for emergency services by promoting the removal of the 5 minute rule, advocating greater spacing between fire stations and by postponing building another fire station in Centerra. The Boxelder fire is a reminder that such actions can cost lives in an emergency (crews cannot cover larger areas without reducing their response time to residences closer to their station at the same time).

In November of 2007, Williams talked a lame duck council into spending $6 million on land speculation to buy 97 acres along the I-25 next to Johnstown while paying for half of it with funds he took from the money collected through Fire CEF’s (Capital Expansion Fees) to help our fire services keep pace with population growth.

In one breath Williams says no money is available for new stations or equipment replacement (June 2009) while in the other he supports a council waiver of McWhinney’s obligation to pay CEF’s.

Investing nearly $3 million in Fire CEF’s into property along I-25 near Johnstown was a terrible mistake as the property has plummeted in value and the city’s emergency services capital expansion money is stranded in the bad investment. Whether that money can be recouped as commercial land values recover still remains to be seen.

In the meantime, the tragic deaths of two residents from smoke inhalation should not be ignored and residents need to respond. Local government’s primary function is to protect the Health, Welfare and Safety of its citizens. Until Loveland’s Fire Department can promise every resident a response within 5 minutes to a house fire, the CEF’s were collected in vein and Lovelanders’ quality of life has suffered.

The city council needs to replace the $3 million stranded in the failed property speculation (97 acres near Johnstown) plus the funds which McWhinney didn’t pay due to their special tax holiday waiver last year.

Read our story about the fire and diversion of critical resources needed to expand the fire services.

Marathon Council Meetings Ends In A Dodge

June 2nd, 2010

Loveland’s City Council adjourned at 1:24 AM June 2, from a public meeting that began 7 hours earlier.

Last on the open agenda was the State of Colorado medical marijuana bill recently passed by the State Legislature regarding the regulation of marijuana dispensaries allowed under Colorado’s Amendment 20 passed by voters approximately 10 years ago. City Attorney John Duval said he expected the Governor to sign the bill while providing a complete outline of its provisions and choices now before the city council. Among the choices allowed in the bill are to prohibit commercial marijuana dispensaries, allow them with limits or ignore the matter completely leaving all regulation to state authorities.

In the audience was Loveland’s representative to Colorado’s State House, Brian Delgrosso, along with Loveland Police Chief Luke Hecker and a dozen representatives from some 17 marijuana dispensaries operating illegally throughout Loveland. Federal law still prohibits the distribution of the controlled substance without a pharmaceutical license.

The council dodged any tough decision in favor of looking into settling the question of whether to continue to allow the dispensaries by public ballot. However, some wanted to wait for Loveland’s pro-pot lobby to place a measure on the ballot through petitions while others preferred having the council place the question on the ballot during the next municipal election.

Earlier in the evening Councilman Klassen went to battle (legislatively speaking) to try and get any money at all for the Loveland based charity Dissabled Resource Service. see article but was unsuccessful.

The final item scheduled for closed session was the city’s recovery of the nearly $1 million the city lost to a business incentive deal to vNET when the company laid-off most of its workers and sold its assets to another entity. The council opted to scheduled a special meeting for June 8, to discuss the vNET scandal rathar than began a closed session meeting at 1:30 am.

Please feel free to post any comments regarding the issues decided and discussed at the June 1, council meeting here on this blog string.

Reporter-Herald Misleads Readers On Council Agenda

June 1st, 2010

The Loveland Reporter-Herald reported on the upcoming agenda for the June 1, Loveland Council meeting as being one of the longest in memory. What the reporter Tom Hacker failed to mention in his article was agenda item #14 that Loveland City Manager Don Williams placed at the end of the long agenda (likely to occur after midnight) to avoid public scrutiny.

Loveland City Manager Don Williams was directed three months ago by council in a public vote to take legal action against Colorado vNet and its former owner to recover nearly $1 million the city provided in business incentives for which the owner provided a personal guarantee.

Williams is again attempting to discuss the matter in a closed session meeting which will further delay the action thus violating Williams’ lawful duty to comply with council direction.

So far, Williams has The Loveland Reporter-Herald story (5-31-10) instead focused on the medical marijuana bill that Governor Ritter hasn’t signed into law yet but the newspaper erroneously reported, “the new law gives local governments broad latitude….”

The council will likely take no action on a pending medical marijuana bill other than to direct staff to look into the issue. Many confused readers will likely turn-out to lobby the council on an issue not being voted upon June 1, 2010 as the newspaper story implies.

Don Williams’ tricks seem to never end. According to the state constitution the elected officials provide direction to the city manager. According to this city manager he provides direction to council. Allowing the ugly matter of losing $1 million of city money in a half-baked scheme to disappear after midnight is unpardonable.

Williams is trying desperately to avoid spoiling his legacy just before he retires with the Golden Nest Egg he brought back and back to council until they approved it.

Floor Dropping Out of Councilman Heckel’s Political Career

June 1st, 2010

Loveland homeowners are suing Loveland Councilman Larry Heckel and his construction company for negligence. According to a source close to the case, Heckel used temporary support posts to suspend the floors that are now slowly collapsing despite being warned by the lumber yard and manufacturer not to use those posts. Where were the city building inspectors?

Read the full story and feel free to post any comments.

Loveland’s Urban Renewal Abuse Target of New Law

May 13th, 2010

Finally the State Legislature recognized the fraud some city’s have committed in determining what is and isn’t Urban Blight. Signed into law last month, HB 1107 is a step in the right direction toward keeping local governments honest when using their authority in determining whether farmland is really Urban Blight.

The bill’s sponsor said it best when he sated, “We need to recognize in statute what is common sense: farmland is not urban blight.” Too bad Loveland’s previous council put political cronyism ahead of common sense and good ethics by rebating 98.8% of the property taxes for most of Centerra for the next two decades. Larimer County, the schools and others have felt the pinch.

You can link to the story here and make any comments in the blog.

Thanks

Rice Raises Concerns Over ‘Sustainable Cities’ Membership

May 6th, 2010

Just as the Ft. Collins City Council was first learning of a recall effort against Ft. Collins Councilwoman Lisa Poppaw Tuesday night, Loveland Councilwoman Donna Rice was raising similar questions regarding Loveland’s membership in a controversial group that is the lynch pin of the recall effort complaint against Poppaw. see story and video

Wednesday Loveland’s City Hall was buzzing with rumors regarding Rice’s apparent knowledge that Loveland’s membership in Local Government’s for Sustainability would soon become a political hot potato. Rice’s apparent public attempt to inoculate herself from criticism while coaxing her Republican colleagues out into the open on the issue only created confusion Tuesday night. Not until those colleagues learned of the Ft. Collins recall effort the next morning did Rice’s comments appear to have proper context.

The Loveland 912 Project has been critical of the city’s membership in the organization but previous 912 concerns have not manifested themselves into any action by Rice on behalf of her constituents. On the contrary, Rice is an open apologist for influential developer McWhinney Enterprises and a city tax scheme that appears to run counter to the 14th Amendment of the constitution that guarantees equal protection under the law to all citizens.

Party affiliations of Loveland City Council members have traditionally been misleading as it was the Republicans of the previous council who voted for eminent domain for a private purpose, attempted to raise taxes and creating a two-tiered sales tax in Loveland where McWhinney is allowed to divert 40% of the sales taxes collected by their tenants into an entity controlled by McWhinney. Following the previous municipal election, the pro-tax Republicans on Loveland’s council gathered to celebrate the new lodging tax approved by the voters as an important victory.

In Loveland, the tail often wags the dog. This means instead of council setting the agenda and giving direction to the city manager the city manager, Don Williams, traditionally weighs heavy in political decisions by council like whether or not the city will participate in the Local Government’s for Sustainability organization. Therefore, it wasn’t surprising that no member of the city council chose to defend the city’s membership in the group but instead allowed Don Williams to respond to Rice by providing the city’s explanation of why Loveland is a member.

Further evidence of Loveland’s peculiar politics on council was Councilman Klassen’s inane questions last Tuesday to the city attorney regarding how far he can go in opposing anti-tax ballot initiatives scheduled for November’s ballot. Klassen, like other Republicans on the council, appears to get his marching orders from the city manager and left of center groups like the League of Cities both of whom oppose the upcoming ballot initiatives.

Rice appears to be independent of the others but whether she is independent of the recall effort in Ft. Collins is another question that needs to be answered. In the meantime, William’s skirt may no longer be wide enough for others to hide behind to protect them from criticism of the city’s decisions. Williams response the membership in the Local Governments for Sustainability only cost the city $400 is an odd argument. If the KKK only cost $200 per year would the City of Loveland join that group as well? Especially if the KKK offered software tools the city staff wanted to use in exchange for membership?

Given the political recall effort in Ft. Collins it would behoove every member of Loveland’s City Council to understand what groups the city is a member of and be able to articulate the city’s reasons for participation or on the contrary offer evidence of what they did to oppose membership.

Rice may have been fishing on behalf of the same people responsible for the Ft. Collins recall to see how her colleagues would respond. It appears that none of them took the bait — so far.

Ice Cream & Sculptures

April 28th, 2010

The idea of adorning the now dirt employee parking lot east of Dairy Queen with sculptures and benches for patrons to enjoy is definitely a move in the right direction for the owner of both the dirt lot and Dairy Queen, Craig Lindberg. see story

Whether it was a that familiar (I got your back) wink from Loveland City Manager Don Williams, the fact it was on the consent agenda already or any other reason, Lindberg’s failure to appear before council when requesting the city vacate a right-of-way last week was probably not advisable. The council went ahead and passed the request on first reading (it requires two readings before council and majority votes before it can pass) anyway. The council agreed to coordinate the next reading for a time convenient for the applicant to come and present and answer any questions. Many of the question centered on the drive through and traffic flow which staff admitted was confusing and difficult to explain.

Councilman Daryle Klassen, however, appeared especially angry about questions regarding the drive-through, traffic study and proposed traffic flows between Eisenhower and Jefferson. He launched into a lecture announcing Linberg’s plan but perhaps not in the tone or setting the owner of Dairy Queen or the artist Mark Lundeen would have preferred.

When the Mayor told Councilman Klassen the council was not “hindering” the project — Klassen interrupted in an angry tone, “I think you are.” Klassen’s cantankerous comments were quick to condemn any colleague who dared asked traffic questions as anti-business.

Finally, Mayor Pro Tem Larry Heckel explained to Klassen that he wouldn’t have supported the motion if he thought anyone was trying to hinder or delay the project.

Later in the same meeting Klassen apologized to his colleagues and staff for his previous outbursts in the meeting though it wasn’t clear he was referring to that specific incident.

We agree with Klassen’s enthusiasm for the plan but disagree with his red-bating approach of implying any questions at all constitute an attempt to hinder the project. It is this kind of intellectually empty political demagogue that contributes nothing of substance to the conversation and only adds to petty squabbles by public officials.

Any thoughts?