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Home My WebLink About20100181.tiff Kim Ogle oon3m: Black, Linda [Linda.Black@unco.edu] t: Tuesday, January 05, 2010 2:46 PM : Kim Ogle Subject: Planning Commission Hearing 1/4/10 Dear Mr. Ogle I am writing this email in support in of placing Beebe Draw Farms Amended and Restated Consolidated Service Plan for Districts 1 and 2 on the consent agenda for the Planning Commission and a recommendation from the Planning Commission to the BOCC of approval of the Service Plan. I have been a resident of PLR since 2001, am active in my community, am a member of the District 1 Executive Committee, and am the current BBDF Metro District 1 Chairperson. Our community has worked diligently to be inclusive of all voices, and although we are not in complete agreement, this plan gives our community the best opportunity move forward and become a community again. Thank you for your consideration Dr. Linda L. Black • • EXHIBIT 2010-0181 a i • ,d � � °o "Zei 1-7ainAl a':A 61r al c,./;7 jef e .001 )49-10.4() Qct.utLe_A0 &w-ti ern 16 auced ,w) 7 • mo �� . � ot) 1 . \\ � � � Litt.,� a6 ? ole6 L T-7‘5 --`Z $ 5- clic;-O are Sie/14AY • fIB1T t't NI AlG fU- eP- LL..- L D C Arty Pt At-et/4c- 6-rLCd2 (.SSicN F0 M ; pet 6 -0-Go taw Ilr taG 9 (a n/ /tRl p r) crcy4 G R-1 7efr Lig_ , CG horce-: 6 Tl w Z o(o I ;At fl P 5 d,Uu.1/4406 c'Axe'? {�I,Pit Cr? Wd eivtet i• 4l-ae � ``e ��G tl. � ' ' cAzt Ces`as� env cit - _ Attil:(65-7 c(.7e 615, ice? • EXHIBIT E •Ds:x-'7 -nx • My name is Linda Cox Purchased property at PLR in 2001. Moved to Colorado, Built our dream home and settled in 2003. We fell in love with the vastness, the views, the prairie, the wildlife and the countless ways to truly enjoy nature. Our neighbors are like-minded and also enjoy walking, canoeing, birding, and the lifestyle PLR affords. We were eager to have amenities that would bring the entire neighborhood— especially the children-- together. The president of the Metro Board at that time set up advisory committees as an avenue to pursue amenities. We did the research, the planning, and the leg work to help make things happen. How exciting it was when the BOCC approved our request to build the pool in the neighborhood — instead of at the lake as was designated in the original Service Plan. 100% of the neighbors were surveyed and favored the new location. I have worked in one way or another on almost every amenity we have— and they have all been "pay as you go." When a vacancy came up on the Metro Board, I submitted an application — and have served for 2 years. • Working on the restructure of the Service Plan has been a tremendous effort and a tremendous experience as well. We have engaged the most respected consultants in their respective fields. And we have worked hard for transparency involving residents in numbers of small group and community meetings throughout the process. Our resident accountants provided input on financial projections and everyone had multiple opportunities to express their thoughts and opinions in the development of this document. At the request of the community, the D1 Board hired independent counsel to review the documents from the community's vantage. He made a number of valid comments and added protections that were incorporated into these documents. I feel that the restructured Service plan places significant responsibility of the future of PLR in the hands of the community as has been the desire of the residents. It will be imperative for Advisory Committees to help the Authority Board in its role. A more involved community will result in a more transparent, equally shared government process. % • G EXHIBIT j:01°n ?PC Jeff Hare • 16504 Badminton Rd N Platteville, CO 80651 January 5, 2010 Mr. Kim Ogle Weld County Planning Department Dear Mr. Ogle, In lieu of taking time at the Planning Commission hearing today,January 5, I have chosen to write a letter of objection and will save my comments for the BoCC hearing on January 20. While there are several objections I have to this plan, I will focus on one that is most relevant to the planning commission—the financing plan. The financing plan I reviewed with members of Mary Ann McGeady's firm and D. A. Davidson in late September was based on the total number of lots needing infrastructure to them being 800. With 188 lots already platted in Filing 1, this would mean there is a plan to have up to 612 lots in Filing 2. I believe this is a flawed assumption for two reasons. First, I'd encourage you to review the submission by REI in August 2003 when they asked for Filing 2 to • be approved by the BoCC. In this submission, they anticipated 406 lots in Filing 2. Now, when it comes to the funding mechanism being reviewed, they are anticipating 51% more lots than in 2003. Second, I'd encourage the planning commission to look at the oil and gas development in our Metro District since 2003. In 2003, there were approximately 144 producing wells (taken from County Records provided to me by D.A. Davidson). As of the end of 2008 (I wasn't provided 2009 figures) there are approximately 192 wells, 162 of which are in Filing 2. Filing 2 saw an increase of 41 wells or a 34% increase in the number of wells in that 5 year period. With the increase in the number of wells,the lines that support these wells, and the significant number of holding tanks and related equipment throughout Filing 2 property, I think it is more likely that less lots could be platted and sold in 2010 than were anticipated in 2003. That being the case, the maximum number of lots that should need to be financed in the financing plan would be no more than what was submitted by REI in 2003-406 lots. Combined with the 188 lots in Filing 1, the total number of lots needing infrastructure should be no more than 594, not the 800 being requested to be funded by REI and Metro District#2. If the Financing plan were adjusted to this reality, I believe the revenue allocation provided in the service plan and related documents could be adjusted to give residents in the community more control over the funds—perhaps a 75/25 allocation rather than an 85/15 allocation. EXHIBIT The other quick point I would make is the flow of funds. In the current boundaries (post-exclusion), approximately 25%of the revenue from the oil and gas wells come from District 1 land. With the current service plan 40% of the revenue from District 1 is transferred from resident control (i.e. at the discretion of the District 1 board) to developer control (as controlled by REI). The issue of allocation should be looked at not as an allocation between infrastructure and amenities, but regarding who should determine how the revenue is spent. The developer has had complete control over all revenues since residents first bought property in the district in 1997. Because of the two district structure that existed since then residents have had taxation without representation. I look forward to the opportunity to express these concerns orally in front of the BoCC at the hearing scheduled on January 20, 2010. If you have any questions, feel free to contact me at my office line 785-6455 or my cell phone at 324- 1450. Regards, Jeffrey T. Hare, CPA CISA CIA Kim Ogle Om: gadkinsfam@starband.net t: Tuesday, January 05, 2010 3:12 PM Kim Ogle Subject: beebe draw farms service plan amendment gentlemen of the Weld county planning commission, i am a resident of Beebe draw Farms at 16493 Essex road south. both my husband and I strongly recommend the approval of the restated consolidated service plan for Beebe Draw farms. we have been here 8 years and fully agree with the approval and consent. owning a small business, we do not believe the one employee can demand how funds are spent. please approve this today and forward your consent to the county commissioners. i appreciate your possitive agreement with this item moving forward. thank you for your time. sandy and glen adkins gadkinsfan starband.net • • EXHIBIT k 1 aoa9 - 1(--1( Grimshaw • Wells Fargo Center TT & Harnng 1700 Lincoln Street,Suite 3800 111 MERITAS Denver,Colorado 80203-4538 LAW FIRMS WORLDWIDE 303.839.3800 I 303.839.3838(mx) Norman F. ("Rick")Kron rickkron@grimshawharring.com 303.839-3704 December 30, 2009 Ms. Linda Cox and Dr. Linda Black Beebe Draw Metropolitan Districts No. 1 and No. 2 Via e-mail: coxlindaevans2@msn.com; Linda.Black@unco.edu Re: Beebe Draw Farms Restructure Documents Dear Ms. Cox and Dr.Black: In October, 2009, you asked me to review the proposed Beebe Draw Farms Districts Restructure Documents. The Restructure Documents as of November 13,2009 are: • Amended and Restated Consolidated Service Plan for Beebe Draw Farms Metropolitan District No. 1 and Beebe Draw Farms Metropolitan District No. 2, • Weld County, Colorado submitted November 13, 2009. • Beebe Draw Farms Authority Establishment Agreement by and between Beebe Draw Farms Metropolitan District No. 1 and Beebe Draw Farms Metropolitan District No. 2. • Inclusion and Exclusion Agreement between and among Beebe Draw Farms Metropolitan District No. 1, Beebe Draw Farms Metropolitan District No. 2, Beebe Draw Farms Authority and REI Limited Liability Company. • District No. 1 Capital Pledge Agreement by and between Beebe Draw Farms Metropolitan District No. 1 and Beebe Draw Farms Authority. • Initial District No. 2 Capital Pledge Agreement by and between Beebe Draw Farms Metropolitan District No. 2 and Beebe Draw Farms Authority. • District No. 2 Capital Pledge Agreement (First Exclusion) by and between Beebe Draw Farms Metropolitan District No. 2 and Beebe Draw Farms Authority. • District No, 2 Capital Pledge Agreement ( Exclusion) by and between Beebe Draw Farms Metropolitan District No. 2 and Beebe Draw Farms Authority. [collectively, the"Restructure Documents"]. • Attorneys at Law EXHIBIT www.grimshawharring.com 20d9 '0 ------------------- Ms. Linda Cox and Dr. Linda Black • December 30, 2009 Page 2 On October 1, you provided the following criteria to guide the review: 1. Do the Restructuring Documents conflict with any provisions of the statutes of the State of Colorado? 2. Do the terms of the Amended and Restated IGA conflict with any provisions of the Amended and Restated Consolidated Service Plan for the Districts? 3. Will the Restructuring Documents create a structure that will meet the District No. 1 goal for the community in the restructuring articulated above? The goal of the District No. 1 Board in this restructuring is to ensure that residents will not be exposed to excessive taxes for construction and operation and maintenance of amenities and road and water improvements while at the same time supporting the financing of the completion of the public improvements to reduce the communities dependence on the oil and gas economy for operating tax revenue. . Linda Cox' December 15, 2009 e-mail asked: In regard to the November 13th restructure documents, we would like for you to send Linda [Black] and me a final letter of approval. So, please do go through the final blacklines and confirm that your changes were incorporated. We would like to have this letter on hand for our January 5th Meeting with the Planning Commission. If you are not in agreement and feel there are additional changes to be made,please let us know ASAP so we can get them on record. I reviewed the November 13 blacklines of the Restructure Documents against the above criteria, our discussions since October, and the comments and suggestions that we discussed in our November 4 meeting at the County building. Although there are a handful of my suggested changes that were not incorporated into the November 13 blacklines, I do not believe that the differences between this handful and the blacklines are material. I believe that the Restructure Documents meet the three criteria set out above as those criteria were discussed and interpreted during the course of the project. In my view, additional changes to the Restructure Documents are not required prior to the County's approval of the Service Plan, prior to the May election, or prior to execution of the applicable documents by the parties. • Ms. Linda Cox and Dr. Linda Black • December 30, 2009 Page 3 There has been an exceptional level of cooperation by everyone involved in putting together the Restructure Documents. With this spirit continuing in the future, implementation of the plan should be successful. Very truly yours, GRIMSHAW&BARRING, P.C. Norman F. "Rick" Kron S • Hello