Archive for the ‘City Council - General Issues’ Category

Loveland’s Own “Mockudrama” Staged For Citizen Input on Deficit Reduction Ideas

Thursday, February 24th, 2011

In an effort to check the box for seeking public input on ideas for reducing Loveland’s growing budget deficit next year of $3 million, city staff ran into trouble. Despite best efforts to control the outcome, community participants in a city hosted forum pointed to Loveland’s inequitable tax collection between Centerra and the rest of the community as an area that needs work. see story

Especially discrediting to the city’s “citizen engagement” effort was the presence of former McWhinney VP Rich Shannon who attended all three meetings and voted quietly alongside Loveland residents. A Ft. Collins resident, Shannon works for the Pinnacle Group that is closely tied to McWhinney by managing its metro districts and other special taxing districts.

Not surprisingly, Shannon was reported to favor raising taxes in Loveland through a special tax district to solve the looming budget deficits in future years. That really shouldn’t be a hard choice for Rich Shannon to make. His company stands to profit from the establishment of more special taxing districts while the home he owns in Ft. Collins will never be impacted by the additional taxes he wants Loveland residents to pay.

The current budget deficit is an artifact of the 2004 Master Financing Agreement (MFA) between the City of Loveland and the McWhinney family members who inherited property on I-25. The agreements give McWhinney’s metro districts hundreds of millions of dollars in future sales taxes and also property tax generated in Centerra. Over the past 7 years McWhinney has been largely successful in amending the agreement to reduce or eliminate its obligations to provide public services or regional transportation improvements as contemplated when the deal was first advertised in Loveland.

As Centerra grows, so does the number of people requiring basic government services from Loveland but not necessarily paying the taxes to fund those services like police, fire, street maintenance and parks and recreation.

An easy way to understand the impact is if a restaurant hands out too many 50% off coupons it eventually goes broke. If only 10% of diners pay with a discount coupon the business can manage cash flow easily by subsidizing the discounted diners from profits earned from regular customers. But if the coupon is good for 25 years (like Centerra’s) perpetually and discount diners become 30% or more of all customers every night there will be trouble. Like Loveland, the restaurant would be forced to either reduce services or raise prices to keep pace with the growing number of discount diners.

It is unlikely the current council will muster the political will necessary to take-on a powerful special
interest like Centerra/McWhinney so it is easier to raise taxes on everyone else or further reduce city services. That means the McWhinney tax discount continues while the rest of Loveland is asked to live with less government services or pay higher taxes to make-up the growing budget deficit as Centerra grows.

Allowing Rich Shannon into the so-called citizen input process itself was grounds to dismiss the effort as farcical. But when the advice from the majority of authentic Loveland residents and taxpayers was ignored, tempers flared. The citizen’s list of remedies were simple and direct. Define the role of local government and what must be funded, revisit the Centerra tax inequity problem by having the metro districts pick-up some authentic government services in Centerra and eliminate annual funding for the council’s slush fund known by its euphemism of “Council Reserve.”

On March 22, the Council will have the opportunity to consider the public’s real input to the sessions or instead stick with the carefully manipulated limited choices provided by staff.

NASA Not Funding ACE Per CAMT Agreement

Friday, February 11th, 2011

Utilizing the former HP/Agilent campus for a NASA technology center is an excellent idea most people in Loveland enthusiastically support. However, Loveland subsidizing industry to create the center in hopes they will succeed without any investment or guarantee from NASA is a completely different proposition.

We have updated our January story on the agreement signed last December to include a copy of the agreement signed between NASA and CAMT (Colorado Association for Manufacturing & Technology).

The agreement provides no funding for the proposed center. Below is Article 5 from the agreement:

There will be no transfer of funds or other financial obligations between the Parties under this Agreement, and each Party will fund its own participation. All activities under or pursuant to this Agreement are subject to the availability of funds, and no provision of this Agreement shall be interpreted to require obligation or payment of funds in violation of the Anti-Deficiency Act, Title 31 U.S.C. § 1341.

While no one wants to be the skunk at a garden party, the truth is the agreement contemplates NASA providing no funding outside one employee assisting the center.

While the companies that cluster with CAMT to form a technology center may be the beneficiaries of future NASA contracts, they will still need to compete for and win those contracts against other qualified bidders with no guarantee from NASA.

Just like vNet, Grand Station and other grand schemes that have failed and cost this community money, we advise caution and some professional due diligence by our city officials.

Councilors Go On Record Over Future City “Jobs Development Program”

Tuesday, February 8th, 2011

Something curious happened at Loveland’s City Council meeting last week. see story

A frustrated Betsy Hale, Loveland’s Business Development Manager, asked Loveland’s Council to get off the fence about a proposed “Jobs Development Program” she and Alan Krcmarik, Loveland’s Executive Fiscal Advisor, have been developing that will divert tax dollars from the city’s reserves into favored local companies and start-ups through seed capital. The plan contemplates the city lending up to $5 million to selected private companies or start-ups.

Council asked questions about the LTV (Loan To Value) ratios, security for the loans and other details but failed to say how they felt about the plan philosophically until challenged by Hale. Krcmarik even told the council staff had already been through the plan 7 times and wasn’t sure additional reviews would make any significant improvements.

At a time when Loveland is facing a budget shortfall in 2013 of $3.5 million from the General Fund and residents are being told their taxes need to go up or services cut, it is an odd time for this proposal.

How do you feel about the city playing banker by investing tax money into local private companies?

Loveland Council Ponders Jobs Incentives In Private

Saturday, January 22nd, 2011

Loveland’s City Council is considering buying the water shares, natural areas or providing a cash subsidy to aid the owner of the former Agilent (HP) campus to sell the vacant commercial property.

These incentives are meant to draw the manufacturing association that recently signed a 5-year agreement with NASA to the former Agilent offices and high-tech manufacturing facilities in Loveland. Many other communities and now Centerra appear to be in the running.

read the story

Do you think the council should provide financial incentives to draw the innovative business cluster to Loveland?

Mayor Gutierrez Attacks Downtown Homeless Problem

Thursday, January 6th, 2011

Former Loveland Councilman Walt Skowron was attacked by local media years ago for suggesting the homeless in downtown Loveland should be given one-way tickets to Ft. Collins to improve the business environment in Loveland.

While Skowron’s comments were characterized by local media as insensitive and extreme, there was some truth to his complaint. Social programs for the poor appear to have become magnets for concentrating a disproportionately large number of needy, drug addicted and/or homeless people in one small area of town. These services may also encourage transients to stay in Loveland longer than they may have otherwise thought to while passing through.

Mayor Gutierrez, in reaction to complaints from downtown businesses about the growing problem is addressing it in perhaps a more tactful manner than Skowron did. In response to downtown business owner’s complaints he organized a meeting that is described in a recent internal city memo below;

“Homeless in Downtown: Mayor Gutierrez initiated a meeting of regarding increased presence of homeless persons in the downtown with area service providers, downtown business owners and the City. The following action items came out of the meeting:

o Volunteers and clients of 137 Homeless Connection (a House of Neighborly Service program) will take on the clean-up of the pocket park at 4th and Lincoln on an on-going basis.

o The Police Department will contact businesses downtown to gather information on concerns.

o The House of Neighborly Service will look for ways to provide more outreach to homeless persons in the downtown area.

o Staff will inform the Human Services Commission of the concerns and ask that they keep this in mind during the 2011 funding cycle.

o The Mayor will reconvene the group as a follow up in mid-January.

Homeless in Downtown: Mayor Gutierrez initiated a meeting of regarding increased presence of homeless persons in the downtown with area service providers, downtown business owners and the City. The following action items came out of the meeting:

o Volunteers and clients of 137 Homeless Connection (a House of Neighborly Service program) will take on the clean-up of the pocket park at 4th and Lincoln on an on-going basis.

o The Police Department will contact businesses downtown to gather information on concerns.

o The House of Neighborly Service will look for ways to provide more outreach to homeless persons in the downtown area.

o Staff will inform the Human Services Commission of the concerns and ask that they keep this in mind during the 2011 funding cycle.

o The Mayor will reconvene the group as a follow up in mid-January.

Is this the right approach or should the city become more aggressive when enforcing laws against loitering?

Quasi-Judicial Review of Appeal On Namaqua Central

Tuesday, January 4th, 2011

January 10, 2011 UPDATE

The City Council postponed their decision on the plat approval for another month in hopes the various parties can work out a solution among themselves. see story

January 4, 2011 posting

Back in 2008,the Loveland City Council voted to annex property west of north Wilson between 22nd Street and what is to be an extension of 29th Street next to Hunter’s Run. Then Mayor Gene Pielin promised county residents residing in Namaqua Hills who opposed the annexation that the city would ensure the impact to them would be minimal. The development relies on the north access being an extension of the citizen maintained county residential street in Namaqua Hills named Morning Drive.

While Loveland’s Transportation Department testified to the Planning Commission that Morning Drive is not really qualified as a collector street for a number of reasons, they later insisted on an odd requirement by the developer. Loveland’s staff recommended that 22nd Street be opened to Morning Drive because all collector streets need more than one access even though it doesn’t meet the city’s own definition of a collector street and is located in the county outside city limits.

According an appeal filed by Namaqua Hills resident Mike Thompson and four neighbors, “the plan still puts additional traffic on Morning Drive, not only from residents of the new development, but also from the opening of 22nd street (which will increase cut through and joy riding traffic) and the new trail head. The traffic study presented by the developer didn’t take into account these additional sources.”

Tonight the Loveland City Council will have three options;

1. Approve the plat 2. Approve with conditions and/or changes 3. Disapprove the plat

The city residents living along the other side of 22nd Street are also opposed to the street being opened to Morning Drive. So there are city residents negatively impacted, county residents negatively impacted and a developer who doesn’t want to spend the money – how hard can this decision be? The council should amend the plat to not open 22nd Street and not gate the 29th Street entrance as the appellant has requested so sufficient traffic may flow through the only proper collector street connected to the development.

What are your thoughts?

vNet Debacle’s Origin

Friday, December 17th, 2010

In January of 2008 Rocky Scott, then head of McWhinney Enterprises, pitched the Loveland City Council during their annual retreat about a new way to bring jobs to the city. Scott was promoting the use of taxpayer cash subsidies to incentivize businesses to create local jobs.

Likely on a tip from a friend on the council, one week later Bill Beierwaltes, owner of vNet, wrote the city requesting nearly $1 million to move his company to a larger facility and by early February the council voted to give him the money. By the end of March, only 90 days after Scott first pitched his brilliant idea, the city concluded the agreement with vNet and Bill Beierwaltes was paid.

Ironically, the two newly elected Democrats on Loveland’s council, Cecil Gutierrez and Kent Solt, urged caution over the grand stimulus scheme to their colleagues, who were nearly all registered Republicans and self-described fiscal conservatives. Former councilmen Walt Skowron, Gene Pielin and Dave Clark quickly endorsed the subsidy for jobs pitch by Scott along with their colleagues Larry Heckel and Daryle Klassen who still serve on Loveland’s City Council. Scott enjoyed significant prestige with the “old guard” on Loveland’s council due to his position with McWhinney.

The self-described “fiscal conservatives” on council allowed their tribal instincts of friendship and helping political supporters guide their decisions on the vNet subsidy instead of the virtues of limited government they pretend to represent. Only councilmen Gutierrez and Solt, who never received support from either Beierwaltes or McWhinney, were able to peer through the smoke and determine the vNet subsidy was ill advised.

Today, Gutierrez and Solt along with their new colleagues are struggling to fix the legal and financial quagmire that resulted from the stillborn subsidy agreement for vNet to bring jobs which was the result of Rocky Scott’s 2008 brainchild.

Even the geriatrics group that meets at the Heartland Cafe are no longer defending the old guard’s worst decisions. They have articulated a position in a letter to the editor of today’s Reporter-Herald few could argue against that Loveland has no business trying to act as venture capitalists with taxpayer dollars.

Local governments must take out of the local economy each dollar they use to subsidize business unlike the federal government that can run deficits and even print more currency. Therefore, Loveland’s Council should not be taxing money from some businesses to return it to others whose business plan or even political contributions they prefer.

Efficiently providing superior local services at least cost to all taxpayers is the best way Loveland can attract quality employers to the area. Future efforts now underway to formalize a new process to begin handing out even more “job creating” subsidies is a terrible mistake.

Read the latest news on vNet

Troy McWhinney Misleads Council To Get Another Tax Break

Friday, December 10th, 2010

In a fairly brazen move Troy McWhinney fooled Loveland’s City Council into believing he was a sincere advocate of “affordable housing” who just needed more time to develop Aspen Knolls with the extension of special discounts in developer fees extending past the city’s legal limit of 12 years last November. see story.

His actions demonstrate something entirely different. McWhinney tried to strip the land of its water shares (needed to develop housing on it), escape the legal obligations of the previous owner, KB Homes, to make traffic improvements and rezone the property to DR (developing resource) thus eliminating the possibility of building homes on the land. Lastly, McWhinney even tried to sell the land to other less sophisticated developers once he couldn’t strip the land of valuable water shares and after his engineering company, Landmark Engineering, discovered Estes Park’s main natural gas supply line along with other costly utilities would need to be moved for an expense nearly equal to the cost he paid for the land.

Everyone close to the project knows the 507 homes KB Homes platted for the development are not going to be constructed as planned.

All these facts have been reported by LovelandPolitics over the past few years in a series of articles on the former KB Homes project in south Loveland named Aspen Knolls.

See McWhinney wants out of legal obligations February 5, 2010 to get a complete background on the project.

Also see Another article in 2009 covering the same parcel of land with more background on the project.

Unfortunately, our City Council apparently failed to read these stories and instead believed the city attorney when he cautioned them in closed session McWhinney would sue the city for a “taking” by not allowing fee waivers to go on longer so the property could be developed as platted by KB Homes way back in 2001. How can the city asking for normal fees be a “taking” when the developer already sent a letter to the city in 2009 saying it could not be developed as planned?

November 16, 2010 was a sad evening for Loveland residents who once hoped the elections of Cecil Gutierrez, Kent Solt and Joan Shaffer represented a change from previous councils. Instead, the three voted for the path of least resistance and gave McWhinney an outrageous extension until 2018 despite the fact the current code already provides McWhinney another 3 years to take advantage of the 2001 fee rate schedule. Staff put the council in a box and they didn’t have enough information to even understand they were being rolled.

Stay tuned as McWhinney will likely seek yet another waiver to re-plat the property for a different development yet still retain those 2001 fee discounts all the way until 2018. In the meantime, Loveland voters may be looking for new candidates who can keep their promises in the 2011 municipal election.

Councilors Defend Pornography In Children’s Museum

Friday, October 8th, 2010

It appears that a majority of Loveland’s City Council seem to believe we now live in pre-Constantine Rome and that state sponsored attacks on Christianity are somehow acceptable.

The only governmental authority given council by the State of Colorado is to protect the “Health, Welfare and Safety” of its citizens through the levy of local taxes, police powers and other essential governmental functions.

Mexican-American artist Enrique Chagoya’s “The Misadventures of the Romantic Cannibals” is pornographic garbage intended to offend, humiliate and demean the world’s longest running Christian institution, the Catholic Church.

Loveland’s council has exceeded its governmental authority in using tax dollars to promote this hate speech towards a particular faith while at the same time condoning pornography in a children’s museum.

If Enrique Chagoya’s wants to promote his anti-Catholic views nobody has proposed censoring his right to do so. What our council majority (Gutierrez, Solt, Shaffer, Heckel and Johnson) appear to misunderstand is that condoning or funding such attacks with city tax dollars is beyond their authority.

Councilman Daryle Klassen has taken a strong stand for what is right and our hat is off to him. Our only regret is we didn’t give him the support he deserved the last time he ran for council.

Council Rejects RH Request – Closed Session Law Suit

Thursday, September 23rd, 2010

Tuesday the Loveland City Council rejected the Loveland Reporter-Herald’s (RH) request to address the ongoing litigation challenging a closed session interview of city manager candidates in private. see Reporter-Herald

Our View
Personnel matters, we believe, are appropriate for closed session meetings and that opinion is backed by 30 years of legal precedent in Colorado — so we don’t believe the newspaper will prevail on that allegation. However, we do believe the council was in error when they determined candidate Matt Brower performed poorly in his personal appearances thus making a decision in private to remove him from the candidate pool. That vote and discussion should not have taken place in a closed session meeting even though we understand it was by unanimous consent.

The Real Issue
We believe the lawsuit is motivated, in part, by the council breaking a long held tradition in Loveland of seeking advice from the RH on their choices for the city’s top job. Former RH Editor Bob Rummel participated in secret meetings by a group of “community leaders” appointed by previous councils in the 1990’s to choose the next city manager. Mayor Gutierrez and his council instead took an active role interviewing as many candidates as possible without consulting outside “authorities” like the local newspaper, chamber of commerce or other special interest groups. The secret meetings the RH Editor Rummel participated in years ago are covered under the same sunshine laws (since his committee was appointed by council to provide a recommendation) as those laws now being exalted by the RH today.

It is certainly ironic that on a City Council of 4 attorneys and 1 paralegal they defend themselves by saying everyone relied on the city attorney’s direction. Especially when 4 of the 5 ran for council claiming the city attorney allowed closed sessions in matters not appropriate for closed session.

The Loveland Reporter-Herald has shown extra-ordinary courage and integrity by challenging the inappropriate use of closed sessions by Loveland councils in the past. Unfortunately, that record is inconsistent since some meetings (like deciding to buy 97 acres along 402) were never challenged by the newspaper. And, of course, the meetings where their own RH Editor participated in choosing previous city managers in private meetings were not challenged in defense of open meeting laws.

So we believe our city council was in error when making the decision in private to remove one candidate. We do not believe they were in error when interviewing and discussing the other candidates’ applications and interviews in private. Salary negotiations, applicant benefit demands and other sensitive issues should not be the subject of public domain. Such issues should become public only when the council makes a choice on which candidate they will hire and also how much the candidate will be paid. The public has a right to know which public official supported the hiring of a particular candidate not what every candidate said in their interviews.

What is your view?