HomeMy WebLinkAbout20090677.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING INCLUSION OF PROPERTY LOCATED IN
WELD COUNTY INTO ANHEUSER BUSCH PARK AND RECREATION DISTRICT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of Directors of the Anheuser Busch Park and Recreation District
("the District") has received a petition for inclusion of the property described in Exhibit "A," which
is located in Weld County, Colorado, and
WHEREAS, the District was formed in 2008 and is currently located entirely within the City
of Fort Collins and Larimer County, and
WHEREAS, Section 32-1-207(2), C.R.S., requires any special district that intends to
include in its boundaries, property that is located in another county, to notify the board of county
commissioners of that county of such inclusion; said board of county commissioners may then
review the inclusion to determine if it constitutes a material modification of the service plan and,
if so, may require the governing body of the special district to file a modification of such service
plan, and
WHEREAS, on December 29, 2008, the Board of County Commissioners reviewed the
District's proposed inclusion and deemed it advisable to continue the matter to January 26, 2009,
then to March 2, 2009, and then to March 23, 2009, at 9:00 a.m., to allow adequate time for the
matter to be reviewed by the Board in a work session and for the County Attorney to research
matters discussed at said work session, and
WHEREAS, on March 23, 2009, at the request of Bruce Barker, County Attorney, the
Board of County Commissioners deemed it advisable to refer the matter back to staff, for
additional review regarding the boundaries of the District, and the proposed language of an
Intergovernmental Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the matter be, and hereby is, referred back to staff for additional review.
2009-0677
SD0135
RE: INCLUSION OF PROPERTY LOCATED IN WELD COUNTY INTO ANHEUSER BUSCH
PARK AND RECREATION DISTRICT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of March, A.D., 2009.
ATTEST:
Weld County Clerk to
BY
Dep
Clerk to
e Board
APPROVED AS TO FORM:
•
Courrty Attorney
Date of signature
BOARD OF COUNTY COMMISSIONERS
WELD COUN LORADO
William F. Garcia,
air
Dougla4adema her, Pro -Tern
Th
P. Conway
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ar.;a Kirkmeyer/
David E. Long
2009-0677
SD0135
PETITION FOR INCLUSION OF PROPERTY
TO: ANHEUSER BUSCH PARK AND RECREATION DISTRICT
COUNTY OF LARIMER, COLORADO
3/A//&AL,-,
at tAttti `t
BaL/
Anheuser-Busch, Inc. (the "Petitioner") hereby respectfully petitions the Board of
Directors of the Anheuser Busch Park and Recreation District (the "District") for inclusion into
the District of the property described on Exhibit A, attached hereto and incorporated herein by
this reference (the "Property").
The Petitioner hereby represents that it is the fee owner of the Property and that no other
person, persons, entity or entities own any fee interest in the Property.
The Petitioner hereby petitions that the Property be included in the District and that an
Order be entered in the District Court, County of Larimer, State of Colorado, including the
Property in the District, and that from and after the entry of the inclusion Order, the Property
shall be liable for bonded indebtedness of the District which may be incurred after entry of the
Order.
PROPERTY OWNER:
444,1 ,P. t,ems , as Authorized Signatory of Anheuser-Busch, Inc.
f//. ` pt
Da
STATE OF %i55,07„..
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OF Sr tennis
The foregoing Petition for Inclusion of Property was acknowledged before me this allday
of lVo✓i,n Lc/ , 2008, by (}l, 4{, of R. -rwo as Authorized Signatory of Anheuser-Busch, Inc.
WITNESS my hand and official seal.
My commission expires:
TAMALA L KISSEL
Notary Public - Notary Seal
STATE OF MISSOURI
Commission for St. Charles County
My Commission Expires Mar. 18, 2012
Commission #08435437
/17s2tf- /fr, lot).
Notary Public
0677
SDo/ 35-
EXHIBIT A
0929.0901
CH2M HILL
9191 South Jamaica Street
Englewood, CO 80112
Tel 720 288.0237
CH2MHILl_
*Di
Property Description
Section 28, Township 8 North, Range 67 West of the 6th Principal Meridian, County of Weld,
State of Colorado.
EXCEPT the Northeast Quarter of the Northeast Quarter of said section.
ALSO EXCEPT the South Half of the South Half of said section.
This description was prepared by Robert A Boehm, LS 34992
For Anheuser-Busch Companies on behalf of CH2M HILL, Inc.
9191 South Jamiaca Street, Englewood, CO 80112
December 8, 2008
Weld County Board of County Commissioners
915 Tenth Street
P.O. Box 758
Greeley, Colorado 80632
RE: Inclusion of Property within the Boundaries of
Anheuser Busch Park and Recreation District
Dear Commissioners:
On November 24, 2008, the Board of Directors of Anheuser Busch Park and Recreation
District (the "District") received a petition for the inclusion of certain property (the "Inclusion
Property") into the District, a copy of which is included for your reference. The District
currently exists entirely within the boundaries of the City of Fort Collins, Colorado, in Larimer
County. The Board of Directors of the District anticipates that it will hold a public hearing on
the petition for inclusion on December 30, 2008.
The Inclusion Property is entirely within unincorporated Weld County. The purpose of
this letter is to provide the notice required pursuant to § 32-1-207(2), C.R.S., which states as
follows:
[T]he inclusion of property that is located in a county or municipality with no
other territory within the special district may constitute a material modification of
the service plan....In the event that a special district changes its boundaries to
include territory located in a county...with no other territory within the special
district, the special district shall notify the board of county commissioners of such
county...of such inclusion. The board of county commissioners...may review
such inclusion and, if it determines that the inclusion constitutes a material
modification, may require the governing body of the special district to file a
modification of its service plan....
The District is a quasi -municipal corporation that was organized to provide for the
ongoing operation and maintenance of pre-existing active and passive park and recreational
700 17th Street, Suite 22001 Denver, CO 180202
p: (303) 285-5320 I f: (303) 285-5330 I www.miller-rosenbluth.com
Weld County Board of County Commissioners
RE: Inclusion of Property within the Boundaries of
Anheuser Busch Park and Recreation District
December 8, 2008
Page 2
facilities and to provide corresponding park and recreational services for the general public.
Such active park and recreation facilities include a ball field and walking trails. Further, the
District provides passive facilities and services within its present boundaries including, a wildlife
habitat and agriculturalecological research area. The District intends to work closely with other
governmental entities, such as Fort Collins and Colorado State University, to further examine
and develop the ecological and educational prospects that the nature preserves and wildlife
habitats located within its boundaries provide to the general public. A copy of the District's
service plan is included for your reference.
The Inclusion Property is located within the experimental farm owned and operated by
Anheuser Busch, but the Inclusion Property itself is a designated wildlife habitat and research
area. The Inclusion Property is currently part of the certified Wildlife Habitat Council
Conservation Site, a description of which is enclosed, and has attained the prestigious
certification as a Corporate Lands for Learning ("CLL") by the Wildlife Habitat Council. The
site is managed according to an approved plan to create a self-sustaining ecosystem that
encourages permanent and seasonal wildlife residency. As a CLL, the site provides learners of all
ages with the opportunity to make the outdoors their classroom through innovative, hands-on
science, history, art, and literature programs, as well as college research and celebrations open to
the public. As part of this certification the District intends to maintain these explicitly specified
uses for the general benefit and welfare of the public.
The Anheuser-Busch Companies have a demonstrated commitment to the preservation of
wildlife habitat and to community involvement. Enclosed for your review is a copy of a
commercial currently airing regarding the Anheuser-Busch Companies' participation in wildlife
and habitat preservation in Missouri with Ducks Unlimited. The Anheuser Busch Park and
Recreation District is another example of the support provided by this company to habitat
preserves and community projects.
As the District is authorized under its service plan to provide for the continued operation
and maintenance of already -existing park and recreation improvements, the District will not
provide other public improvements or services to or for the Inclusion Property. Further, the
service plan of the District does not permit the district to issue debt. The District is empowered
to assess fees, rates and charges on users of its facilities and to impose a mill levy not to exceed
10 mills for operational expenses. The District does not have the power of eminent domain.
Due to its relative proximity to the District, the Inclusion Property will be operated as a local
extension of the District and all aspects of the operation and maintenance of the Inclusion
Property will be consistent with the District's established standards and protocol. For these
reasons, we believe that such inclusion should not constitute a material modification of the
District's service plan.
Weld County Board of County Commissioners
RE: Inclusion of Property within the Boundaries of
Anheuser Busch Park and Recreation District
December 8, 2008
Page 3
Thank you for your attention to this matter. Please feel free to contact me with any questions.
Very truly yours,
MILLER ROSENBLUTH, LLC
Dianne D. Miller
Enclosures
cc: Bruce Barker, County Attorney (via email and U.S. Mail)
Board of Directors (via email)
Registry of Certified Programs
Anheuser-Busch Companies, Inc.
Busch Agricultural Resources, Inc.
Fort Collins Nutri-Turf, Inc.
Fort Collins, CO USA
Certified since: 2001
The 7,200 -acre Fort Collins Nutri-Turf, Inc. facility is located east of the Rocky Mountains in
northern Colorado, in a region classified as High Plains. The goals of the site's wildlife team are
to promote the best wildlife and water management practices that complement and enrich the
facility, and to provide a sound economic, environmental and social approach to the operation
that benefits the company, the shareholders and the community.
Over the years, the wildlife team developed 13 habitat programs to support its goals and
objectives. The main goal within each habitat is to create a self-sustaining ecosystem that
encourages permanent and seasonal wildlife residency. Activities on -site include pond restoration
programs to ensure the longevity of water resources, rotational mowing programs, an active nest
box monitoring program and invasive species control and management projects. Other projects
established native grasses, wildflowers, trees and shrubs, installed feeders, created big game
shelter and grazing habitat, developed upland bird habitats, established a burrowing owl
sanctuary and increased community outreach and education programs.
Native grasslands established on large portions of the property provide habitat for approximately
100 North American pronghorn, prairie dogs and burrowing owls. The wildlife team monitors
these areas for wildlife use and maintains the habitat as necessary. Part of the property, which
currently provides burrowing owl habitat, is leased for cattle grazing. Native grasses were
established in the area, and the wildlife team monitors the activity of both the cattle and burrowing
owls. The cattle graze on the short grasses, which provide excellent prairie dog habitat.
Burrowing owls then displace the prairie dogs and utilize their burrows. Currently, the cattle
grazing program and the burrowing owl sanctuary project are able to coexist without problems.
The wildlife team established nest areas and boxes for waterfowl, American kestrel, bluebird,
northern flicker, finch, great horned owl and red-tailed hawk. Additional structures were placed on
site, including a goose box, duck nesting tubes and a butterfly box. The team also established a
one -acre ground nesting area and partnered with Wild Birds Unlimited to conduct regular bird
watching visits on the property.
The 10 -acre Leonard's place area thrives as a bird habitat and pollinator area. With the help of
Colorado State University, 4,000 feet of new trees, including wild rose, native plums, buffalo berry
and coke cherries were planted to provide nesting, cover and food for birds, pollinators and other
wildlife. Students from New Raymer High School also helped plant more than 200 trees near a
pond on site.
Fort Collins Nutri-Turf, Inc. employees work cooperatively with team members from the nearby
Anheuser-Busch Fort Collins Brewery to conduct educational activities in a joint Corporate Lands
for Learning (CLL) program. Central to the CLL program is the Anheuser-Busch Environmental
Fellowship sponsored by Anheuser-Busch through the Warren College of Natural Resources of
Colorado State University. This program sponsors research for one graduate student per year.
The research findings, in topics related to wildlife habitat management and conservation, are
disseminated to the general public through informational posters for the many visitors to the Fort
Collins Brewery. The research meets the needs of the university and also provides basic
knowledge that is used to educate wildlife team members and conservation partners, providing
professional development on issues key to the entire watershed.
In addition to the college level program, diverse habitats at the Nutri-Turf and brewery facilities
area available to school and scout groups to study pollinators, native plants and birds. Annual
conservation education events are held for the general public at the Fort Collins Brewery in
cooperation with various environmental and wildlife non -profits.
ANHEUSER BUSCH PARK AND
RECREATION DISTRICT
SERVICE PLAN
CITY OF FORT COLLINS, COLORADO
SUBMITTED AUGUST 4, 2008
ANHEUSER BUSCH PARK AND RECREATION DISTRICT
TABLE OF CONTENTS
I. INTRODUCTION 1
II. PURPOSES OF THE DISTRICT 3
III. PROPOSED DISTRICT BOUNDARIES/MAPS 4
a. District Boundaries and Map 4
b. Inclusions of Property 4
c. Eminent Domain 4
IV. POPULATION PROJECTIONS/ASSESSED VALUATION 5
V. DESCRIPTION OF DISTRICT POWERS, SERVICES AND IMPROVEMENTS 5
a. Description of Existing Conditions 6
b. Services to be Provided by other Governmental Entities 6
VI. ESTIMATED COSTS OF THE IMPROVEMENTS 6
VII. ESTIMATED COSTS OF OPERATION AND MAINTENANCE 7
VIII. FINANCING PLAN/PROPOSED INDEBTEDNESS 7
a. Financing Plan 8
b. Bond Issuance and Debt Authorization 8
c. Mill Levy Cap 9
d. Revenue Sources 9
a Financing Plan Conclusions 10
IX. MODIFICATION OF SERVICE PLAN 10
X. INTERGOVERNMENTAL AGREEMENTS 11
XI. RESOLUTION OF APPROVAL 12
XII. DISSOLUTION 11
XIII. ANNUAL REPORT 12
XIII. CONCLUSION 14
ANHEUSER BUSCH PARK AND RECREATION DISTRICT
SERVICE PLAN
I. INTRODUCTION
This Service Plan for the Anheuser Busch Park and Recreation District (the "District") is
being submitted by Anheuser-Busch, Incorporated, a Missouri corporation the ("Petitioner"),
pursuant to the requirements of the Special District Control Act, Section 32-1-201, et seq.,
Colorado Revised Statutes ("Special District Act"). The District shall have all of the powers of a
park and recreation district described in §§ 32-1-1001 and 32-1-1005, et seq., C.R.S.
This Service Plan has been prepared by the Petitioner, (also called the "Organizer"), and
the following participating consultants:
Petitioner
Anheuser Busch, Inc.
Ted Powers
Anthony Taylor
One Busch Place, 202-8
St. Louis, MO 63118
(314)577-4811
(314) 577-7616 — facsimile
ted.powers@anheuser-busch.com
Anthony taylor@aheuser-busch.com
Engineer
Nolte Associates, Inc.
Todd Beers
8000 S. Chester Street, Suite 200
Centennial, CO 80112
(303) 220-6400
(303) 220-9001 — facsimile
Todd.beers@nolte.com
District Counsel
Miller Rosenbluth, LLC
Dianne D. Miller, Esq.
700 17th Street, Suite 2200
Denver, Colorado 80202
(303) 285-5320
(303) 285 -533O —facsimile
dmiller@miller-rosenbluth.com
Pursuant to the requirements of the Special District Control Act, §§ 32-1-201, et seq ,
C.R.S., this Service Plan consists of a financial analysis and an engineering plan showing how
1
the proposed facilities and services of the District will be provided and financed. As required by
§ 32-1-202(2), C.R.S., the following items, to the extent applicable to this District, are included
in this Service Plan:
a. A description of the proposed services;
b. A financial plan showing how the proposed services are to be financed, including
all elements required by § 32-1-202(2)(b), C.R.S.;
c. A preliminary engineering or architectural survey showing how the proposed
services are to be provided;
d. A map of the proposed District's boundaries and an estimate of the population
and valuation for assessment of the proposed District;
e. A general description of the facilities to be constructed and the standards for
construction, including a statement of how the facility and service standards of the
proposed District are compatible with facility and service standards of Fort
Collins, Colorado (the "City") and special districts that are interested parties
pursuant to § 32-1-204(1), C.R.S.;
f. A general description of the estimated cost of acquiring land, engineering
services, legal services, administrative services, initial proposed indebtedness,
estimated proposed maximum interest rates and discounts, and other major
expenses related to the organization and initial operation of the District; and
g. A description of any arrangement or proposed agreement with any political
subdivision for the performance of any services between the proposed District and
such other political subdivision.
2
II. PURPOSES OF 1'HB DISTRICT
The District is a quasi -municipal corporation that is being organized to provide active and
passive park and recreational facilities and services for the general public welfare. Such active
park and recreation facilities shall include a ballfield, parking lot, walking trails and all
appurtenances (collectively, the "Active Improvements"); further, the District shall provide
passive facilities and services within its boundaries including, without limitation, a wildlife
habitat and agricultural/ecological research area (collectively, the "Passive Improvements").
Collectively, the Active Improvements and the Passive Improvements shall be referred to herein
as the "Improvements." The Improvements will be for the use and benefit of the taxpayers and
users of the District's infrastructure. Upon completion, certain of the Improvements may be
dedicated to the City or to such other governmental entity as may be appropriate. Improvements
not dedicated to the City or other governmental entities shall remain the obligation of the
District.
'The District shall have no debt authorization to issue bonds or finance the construction of
any Improvements within its boundaries. The primary source of District revenue shall be from
the imposition of user fees, charges and rates to offset the costs of providing the Improvements.
The District shall also impose an operational and maintenance mill levy upon all property
contained within its boundaries to help pay for its administrative costs and expenses.
The District is not presently served with the facilities or services proposed to be provided
by the District, nor does the City or any other special district within the City have any plans to
provide such facilities or services within a reasonable time and on a comparable basis. The use
of the District to construct, operate and maintain the Improvements will allow for the provision
of requisite public infrastructure and other attractive public amenities, directly benefiting the
3
public's welfare in the process. Thus, organization of the District will promote both the interests
of the present and future property owners and taxpayers within the District, as well as the general
interests of the City.
III. PROPOSED DISTRICT BOUNDARIES/MAPS
a. District Boundaries and Map
The initial boundaries of the District is approximately Eighteen and Three -Hundred and
Forty -Four Thousandths of One (18.344) acres, as more particularly described in Exhibit A,
attached hereto and incorporated herein by reference, and as referred to in a boundary and
vicinity map of the District, attached hereto and incorporated herein as Exhibit B and Exhibit C,
respectively.
b. Inclusions
The District, pursuant to applicable law, may only include other properties into its
boundaries which are solely owned by the Petitioner and its affiliates and which are dedicated for
wildlife habitat, park and recreation and/or scientific purposes. The District shall provide notice
of such property inclusion to the City prior to holding any public hearing pertaining to the same.
Any other inclusions or exclusions of property into or out of the boundaries of the District not
otherwise described herein shall require the prior approval of the City Council.
c. Eminent Domain
The District is prohibited from using the powers of eminent domain or dominant eminent
domain. However, the City may choose to exercise its powers of eminent domain to construct
public improvements within the District, in which case the District and the City will enter into an
4
intergovernmental agreement concerning the public improvement and funding for the use of
eminent domain
IV. POPULATION PROJECTIONS/ASSESSED VALUATION
The property within the boundaries of the District is currently zoned for commercial,
industrial and agricultural use. There is no anticipated permanent population of the District. The
current assessed value of the property within the boundaries of the District is Twenty -Six
Million, Six Hundred and Forty -Five Thousand and Thirty Dollars ($26,645,030); as the
property located within the boundaries of the District has not been parceled separately by the
Larimer County Assessor, this assessed value represents the total value of the property located
within and without the boundaries of the District which is owned by the Petitioner. The
Petitioner is also the owner of all of the property to be located within the boundaries of the
District and has consented to the formation of the District, which consent is attached hereto as
Exhibit D and incorporated herein by this reference.
V. DESCRIPTION OF DISTRICT POWERS, SERVICES AND IMPROVEMENTS
The District will provide for the continued operation and maintenance of those
Improvements which it is permitted to maintain under applicable law. Such Improvements may
include the Passive Improvements, the Active Improvements, monumentation and appurtenant
facilities thereto. To preserve the delicate ecological balance contained within the designated
wildlife habitat, the District anticipates that the Passive Improvements will be available to the
general public and for research purposes on an appointment basis only. The District anticipates
5
that the Active Improvements will be available fox use on a "first -come, first served" basis. The
District shall have no debt authorization with which to finance the construction or installation of
the Improvements and its powers shall be limited to providing maintenance services for those
Improvements otherwise constructed.
a. Description of Existing Conditions
The Improvements have already been established and constructed in the area located
within the District's boundaries.
b. Services to be Provided by other Governmental Entities
The City or other appropriate governmental entities provide all of the necessary facilities
and services to the property located within the boundaries of the District, including, without
limitation, streets, water, sewer, storm drainage and fire protection services and facilities.
i
VI. ESTIMATED COSTS OF THE IMPROVEMENTS
The District will not provide for any of the construction or installation of any of the
Improvements, but may reconstruct or rebuild certain Improvements over time as necessary
solely for maintenance purposes. The District's purpose primarily is to operate and maintain
those Improvements already in existence; therefore, the estimated cost of construction of the
Improvements for the District shall be Zero Dollars ($0.00). The District shall have no debt
authorization to issue any bonds or other financial obligations to finance any construction or
installation of Improvements, as such tasks shall be undertaken by other appropriate
governmental or private entities.
6
VII. ESTIMATED COSTS OF OPERATION AND MAINTENANCE
The present preliminary status of the property located within the District does not allow
for an accurate estimation of the costs of operating and maintaining the Improvements.
However, the Mill Levy Cap, as defined in Section VIII.D below, is capped at ten (10.000) mills,
pursuant to the terms of the Financing Plan and this Service Plan. The District shall use all
revenues received, less any costs incurred for administrative, accounting, legal or engineering
services associated with the organization and operation of the District, to finance its operation
and maintenance obligations. The District intends to rely primarily upon fees, rates and charges
to fund its operations and maintenance obligations and that the imposition of a mill levy will
only be used to supplement such revenue sources to cover administrative expenses. Fees, rates
and charges may be imposed and collected by the District to the extent necessary to supplement
other District revenues available for these purposes. In this regard, the District anticipates
imposing fees, rates or charges for use of the Active Improvements in an amount commensurate
with what the City charges to the general public for the use of its own park and recreation
facilities. Additionally, the District will impose such fees, rates and charges for use of the
Passive Improvements only to the extent to offset those costs and expenses incurred by the
District in association with the public's use of the wildlife habitat area; such costs may include,
without limitation, the expense of maintaining a permanent staff, guides and/or security for the
continued enjoyment of the Passive Facilities. It is intended that the Passive Improvements will
remain available to the general public on an "appointment only" basis for providing educational
or scientific research opportunities.
VIII. FINANCING PLAN/PROPOSED INDEBTEDNESS
7
a. Financing Plan
The proposed 2009 budget for the District, which is presented as the Financing Plan, and
which is attached as Exhibit E, includes estimated administrative costs, operation and
maintenance costs and other major expenses related to the operation of the District. The District
projects no issuance of the debt. As the District will have no authorization to issue debt, typical
financing plan provisions will not apply; consequently, there is no discussion in this Service Plan
of types, manner and terms of bonds or other debt obligations which the District may issue or
any restrictions or conditions placed upon the District's debt service mill levy. The Financing
Plan anticipates the means of funding the operation and maintenance services to be provided for
by the District. A mill levy of five (5.000) mills which will be imposed and collected in 2010
and thereafter, in conjunction with the imposition of fees, rates and charges, is estimated to be
sufficient to maintain the Improvements. The Financing Plan demonstrates that, at various
projected levels of development, the District has the ability to finance the services identified
herein.
b. Bond Issuance and Debt Authorization
The District shall have no debt authorization pursuant to the terms of this Service Plan to
issue bonds or other debt. Rather, the District's only financing powers will be to impose an
operational mill levy upon all property located within its boundaries as well as to charge those
reasonable fees, rates and charges related to the provision of its maintenance services. All
financial obligations of the District are subject to the Mill Levy Cap and other limitations as set
forth below. Although the District is not authorized to issue revenue or general obligation bonds,
other financial obligations necessary for the purchase or lease of equipment and supplies are
8
explicitly authorized herein. The District is also authorized by statute and by this Service Plan to
enter into contracts and agreements for the maintenance services to be provided by it.
c. Mill Levy Cap
The "Mill Levy Cap" shall mean an ad valorem mill levy (a mill being equal to 1/10 of
10) imposed upon all taxable property in the District each year in an amount sufficient to pay the
District's administration, warranty, maintenance and other operating expenses. Upon
organization, the District's Mill Levy Cap shall be ten (10.000) mills. Provided, however, that if
the ratio of actual valuation to assessed valuation is changed by legislative action, the Mill Levy
Cap provided herein will be increased or decreased (as to all taxable property in the District) to
reflect such changes so that, to the extent possible, the actual tax revenues generated by the mill
levy, as adjusted, are neither diminished nor enhanced as a result of such changes.
d. Revenue Sources
The District will be authorized to establish a system of fees, rates and charges, in
accordance with the Special District Act, to generate revenues for the payment of operating its
recreational facilities. Other sources of revenue to the District may include ad valorem property
taxes, contributions from the organizer or others, interest income and specific ownership tax
revenues. The District may impose varying levels of fees, rates and charges upon property
contained within its boundaries for services rendered, in accordance with the Special District
Act, in recognition that there may be a differentiation of levels of usage among the users and
taxpayers of the District of the provided services. The proposed 2009 budget assumes use of the
Active Improvements for 240 events per year at an average charge of $75 per use and 96 hours
of guide time for the habitat areas at a rate of $40/hour. The District will adjust fees and charges
9
as necessary; the intent of the District is to net the cost of maintenance and upkeep of the
facilities and habitat areas.
Variations in assessed valuation projections or other external factors may affect the mill
levy and the existence or amount of fees and charges from that set forth in the Financing Plan.
No funds or assets of the City will be pledged as security for the repayment of any obligations of
the District. The District will not pledge as security for the repayment of any obligation any
funds or assets to be transferred to the City.
e. FinancinE Plan Conclusions
This Article VIII described the nature, basis, method of funding, debt and mill levy
limitations, and other financial requirements and restrictions for the District's public
improvements program and operations. Together with the Financing Plan attached hereto as
Exhibit E and further described below, this Article VIII constitutes the financial plan for the
District as required by § 32-1-202(2)(b), C.R.S. The Financing Plan includes estimated
operations and administration costs (including estimated costs of warranty maintenance) and
other major expenses related to the organization and operation of the District. The Financing
Plan does not project for any issuance of the debt by the District. The Financing Plan
demonstrates that, at the projected level of development, and with the projected Petitioner
support, the e District has the ability to finance activities identified herein.
IX. MODIFICATION OF SERVICE PLAN
The District will obtain the approval of the City before making any material
modifications to this Service Plan. Material modifications include modifications of a basic or
essential nature including additions to the types of services provided by District, change in debt
10
limit or change in revenue sources. City approval is not required for modifications to this
Service Plan necessary for the execution of maintenance of public improvements already
outlined in this Service Plan. If, after this Service Plan is approved, the Colorado State
Legislature includes additional powers or grants new or broader powers for special
districts by amendment to Part 10 of Article 1, Title 32, C.R.S., no such powers will be
available to or exercised by the District without the prior approval of the City Council.
If the District undertakes any act which constitutes a material modification to
this Service Plan, the City Council may impose one (1) or more of the following
sanctions, as it deems appropriate:
1. Exercise any applicable remedy available under Title 32, Article I of the
Colorado Revised Statutes; or
2. Withhold the issuance of any permit, authorization, acceptance or other
administrative approval, or withhold any cooperation, necessary for the District's
development or construction or operation of improvements or provision of services; or
3. Exercise any legal remedy under the terms of any intergovernmental
agreement under which the District is in default; or
4. Exercise any other appropriate legal or equitable remedy to ensure
compliance with the provisions of this Service Plan or applicable law.
X. INTERGOVERNMENTAL AGREEMENTS
The District and the City anticipate they will enter into an IGA regarding
joint grant proposals and cooperative facilities and programs development. The
IGA will be drafted after organization of the District.
II
XI. RESOLUTION OF APPROVAL
The District incorporates the City Council's resolution approving this Service Plan,
including any conditions of approval, into this Service Plan as Exhibit F.
XII. DISSOLUTION
Absent the prior approval of the City Council, the District shall dissolve no more than
forty (40) years after this Service Plan is initially approved by the City Council. The District
shall be obligated to obtain the approval of the City Council twenty (20) years after the
organization of the District (and every ten (10) years thereafter) to continue providing operations
and maintenance services; provided, however, that failure to obtain such approval shall not be
considered a material modification of this Service Plan unless such approval is not obtained
forty-five (45) days after written notice to the District by the City of the need to request such
approval.
XIII. ANNUAL REPORT
The District shall file an annual report not later than September 1 of each year with the
City Clerk for the year ending the preceding December 31, the requirements of which may be
waived in whole or in part by the City Council or the City Manager.
Unless waived by the City Council or the City Manager, the Annual Report shall
include the following:
1. A narrative summary of the progress of the District in implementing its Service
Plan for the report year; and
12 ,
2. Except when exemption from audit has been granted for the report year under
applicable law, the audited financial statements of the District for the report year, including a
statement of financial condition (i.e., balance sheet) as of December 31 of the report year and the
statement of operations (i.e., revenues and expenditures) for the report year; and
3. Unless disclosed within a separate schedule to the financial statements, a
summary of the capital expenditures incurred by the District in development of improvements in
the report year; and
4. Unless disclosed within a separate schedule to the financial statements, a
summary of the financial obligations of the District at the end of the report year, including the
amount of outstanding indebtedness, the amount and terms of any new District indebtedness or
long-term obligations issued in the report year, the amount of payment or retirement of existing
indebtedness of the District in the report year, the total assessed valuation of all taxable
properties within the District as of January 1 of the report year and the current mill levy of the
District pledged to debt retirement in the report year; and
5. Any other information deemed relevant by the City Council or deemed reasonably
necessary by the City Manager.
In the event the Annual Report is not timely received by the City Clerk or is not filly
responsive, notice of such default shall be given to the District Board at its last known address.
The failure of the District to file the Annual Report within forty-five (45) days of the mailing of
such default notice by the City Clerk may constitute a material modification of this Service Plan,
at the Discretion of the City.
13
XIV. CONCLUSION
This Service Plan demonstrates that:
a. There is sufficient existing and projected need for organized service in the area to be
serviced by the District;
b. The existing service in the area to be served by the District is inadequate for present and
projected needs;
c. The District is capable of providing economical and sufficient service to the area within
its proposed boundaries;
d. The area to be included in the District has, or will have, the financial ability to discharge
its financial obligations on a reasonable basis;
e. The facility and service standards of the District are compatible with the facility and
service standards of each county within which the District is to be located and each
municipality which is an interested party under § 32-1-204(1), C.R.S.;
f. The proposal is in compliance with any duly adopted county, regional, or state long-range
water quality management plan for the area; and
g. The creation of the District will be in the best interests of the area proposed to be served.
14
Exhibit A
Legal Description
EXHIBIT A
LEGAL DESCRIPTION: A PARCEL. OF LAND LOCATED IN THE NORTHEAST ONE -QUARTER OF
SECTION 33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE 6TM PRINCIPAL MERIDIAN, CITY OF
FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHWEST ONE -
QUARTER OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL.
MERIDIAN, BEING MONUMENTED AT THE WEST END AT THE NORTHWEST CORNER OF SAID
SECTION 33 BY 3.25 INCH BRASS CAP STAMPED "1987 PLS 15278" AND AT THE EAST END AT
THE NORTH ONE -QUARTER CORNER OF SECTION 33 BY A 3.5 INCH BRASS CAP STAMPED "1987
PLS 15278" WITH THE LINE CONSIDERED TO BEAR S89°57'42"E.
COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SAID SECTION 33;
THENCE S82°42'59"E, A DISTANCE OF 400.28 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY
LINE OF COUNTY ROAD NO. 52 AND THE POINT OF BEGINNING;
THENCE S89°53'32"E ALONG THE SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 929.19
FEET;
THENCE S00`05'49"W LEAVING SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 805.19 FEET;
THENCE S89°55'57' W, A DISTANCE OF 22.06 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 209.00 FEET, A
CENTRAL ANGLE OF 55°15'42" DISTANCE OF 201.58 FEET TO A POINT OF NON -TANGENCY;
THENCE N89 45'52"W, A DISTANCE OF 485.66 FEET;
THENCE N56°46'44"W, A DISTANCE OF 9 73 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 600.00 FEET, A
CENTRAL ANGLE OF 13°31.47", A DISTANCE OF 141.68 FEET TO A POINT OF TANGENCY;
THENCE N701 8131"W, A DISTANCE OF 77.90 FEET;
THENCE NO2'03'02"W, A DISTANCE OF 120.38 FEET;
THENCE S86°41'56"W, A DISTANCE OF 36.92 FEET;
THENCE N00°03'45"E, A DISTANCE OF 682.35 FEET TO THE POINT OF BEGINNING,
CONTAINING A CALCULATED AREA OF 799,064 SQUARE FEET OR 18.344 ACRES..
N:\DVB0305\Cadd\Survey\Legals & Exhibits\EXHIBIT A rev.doc
Page 1 of 2
I, EDWARD C. SILVER, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO
HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE
PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE,
INFORMATION AND BELIEF ARE CORRECT.
EDWARD C. SILVER, PROFESSIONAL LAND SURVEYOR
COLORADO No. 37051
FOR AND ON BEHALF OF NOLTE ASSOCIATES, INC.
8000 S. CHESTER STREET, SUITE 200
CENTENNIAL, CO 80112
DATE
N:\DV80305\Cadd\Survey\Legals & Exhibits \EXHIBIT A rev doc
Page 2 of 2
Exhibit B
Boundary Map
LAND SURVEY PLA T
A PORTION OF THE NORTHEAST ONE-OUARIFR OF S C77Q! .17 . 7ORN9AP ! MQ77JO RANCE M NW OF 71f[ MTN Ne4[yPAL VERICSAN
QTY OF TORT CQL/NS COONIY OF LIMIER, STATE OF CQ.ORAPQ
ti
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Exhibit C
Vicinity Map
VICINITY MAP
NOT TO SCALE
Exhibit D
Owner Consent Letter
, 2008
City of Fort Collins
City Hall West
300 LaPorte Ave.
Fort Collins, CO 80521
RE: Proposed Anheuser Busch Park and Recreation District (the "District")
To Whom It May Concern:
Anheuser-Busch, Inc., a Missouri corporation, is the owner of the property attached hereto as
Exhibit A, which property is proposed to constitute the boundaries of the District. The purpose
of this letter is to advise that add/ /17 ,,:vje , as dar�e,•i.rn firr erof Anheuser-
Busch, Inc., consents to the organization ofthe'District.
ANHEUSER-BUSCH, INC.
STATE OF Cry'\SSOvc.
CA k -'N C -AUNTY OF . t..o.r;
ss
Subscribed and sworn to before me on this '%' day of S \ Inc.,2008, by
as �,,a .;,.d s, d -cam of Anheuser-Busch, . a Missouri
corporation.
[SEAL]
CeNclary Public
My commission expires ' — — v q
929 0003
MARY ANN HURRAY
NOTARY PUBLIC - NOTARY SFAL
STATE OF MISSOURI, ST. LOUIS COUNTY
MY COMMISSION WIRES 08-0i-09
COMMISSION #05402620
EXHIBIT A
EXHIBIT A
LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE NORTHEAST ONE -QUARTER OF
SECTION 33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE 6n' PRINCIPAL MERIDIAN, CITY OF
FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHWEST ONE -
QUARTER OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE 6114 PRINCIPAL
MERIDIAN, BEING MONUMENTED AT THE WEST END AT THE NORTHWEST CORNER OF SAID
SECTION 33 BY 3 25 INCH BRASS CAP STAMPED '1987 PLS 15278" AND AT THE EAST END AT
THE NORTH ONE -QUARTER CORNER OF SECTION 33 BY A 3.5 INCH BRASS CAP STAMPED "1987
PLS 15278" WITH THE LINE CONSIDERED TO BEAR 889°57'42"E.
COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SAID SECTION 33;
THENCE S82 42'59"E, A DISTANCE OF 400.28 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY
LINE OF COUNTY ROAD NO. 52 AND THE POINT OF BEGINNING;
THENCE 589°53'32"E ALONG THE SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 92919
FEET;
THENCE SOO°05'49'W LEAVING SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 805.19 FEET;
THENCE S89"55'57"W, A DISTANCE OF 22.06 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 209.00 FEET, A
CENTRAL ANGLE OF 5595'42• DISTANCE OF 201.58 FEET TO A POINT OF NON -TANGENCY;
THENCE N8945'52"W, A DISTANCE OF 485.66 FEET;
THENCE N56 46'44"W, A DISTANCE OF 9 73 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 600.00 FEET, A
CENTRAL ANGLE OF 13'31'47", A DISTANCE OF 141 68 FEET TO A POINT OF TANGENCY;
THENCE N709 8'31"W, A DISTANCE OF 77.90 FEET;
THENCE NO2°D3'02"W, A DISTANCE OF 120.38 FEET;
THENCE 586%1'56"W, A DISTANCE OF 36.92 FEET;
THENCE N00°03'45"E. A DISTANCE OF 682.35 FEET 70 THE POINT OF BEGINNING,
CONTAINING A CALCULATED AREA OF 799,064 SQUARE FEET OR 18.344 ACRES.
N:\DVB0305\Cadd\Survey\Legals & Exhibits\EXHIBITA rev. doc
Page 1 of 2
I, EDWARD C SILVER, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO
HEREBY STATE THAT THE ABOVE LEGAL DESCRIPT ION AND ATTACHED EXHIBIT WERE
PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE,
INFORMATION AND BELIEF ARE CORRECT
EDWARD C. SILVER, PROFESSIONAL LAND SURVEYOR
COLORADO No 37051
FOR AND ON BEHALF OF NOLTE ASSOCIATES, INC.
8000 $ CHESTER STREET, SUITE 200
CENTENNIAL, CO 80112
DATE
N:\DVB0305\Cadd\Survey\legals & Exhibits \EXHIBIT A rev doc
Page 2 of 2
Exhibit E
Financing Plan
ANHEUSER BUSCH PARK AND RECREATION DISTRICT
2009 BUDGET
Proposed 2009
Beginning Funds Available $
Revenue:
Property Taxes
Use Fees — baseball field
Fees for guides
Other/Miscellaneous (Contributions)
Specific Ownership Taxes
-0-
18,000
3,840
4,000
Total Revenue 25,840
Total Funds Available 25,840
Expenditures
County Treasurer's Collection Fees
Insurance and Bonds
Accounting and Legal
Election Costs
Capital Improvements
Utilities (Public Service)
Facilities Maintenance
Directors' Fees
Total Expenditures
Ending Funds Available
Emergency Reserve
MILL LEVY
Certified Assessed Valuation
Mill Levy -General
Property Taxes (est)
-0-
1,800
4,000
-O-
-0-
16,000
-0-
21,800
4,040
$ -0-
-0-
-0-
624
Exhibit F
Resolution of Approval
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
IN RE THE ORGANIZATION OF ANHEUSER BUSCH PARK AND RECREATION
DISTRICT, IN THE CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF
COLORADO
RESOLUTION NO. 08-_
RESOLUTION OF APPROVAL
WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S. as amended,
the City Council of the City of Fort Collins, County of Larimer, State of Colorado, following due
notice, held a public hearing on the Service Plan of the proposed Anheuser Busch Park and
Recreation District on the__ day of _, 2008; and
WHEREAS, the City Council has considered the Service Plan and all other testimony and
evidence presented at the hearing; and
WHEREAS, based upon the testimony and evidence presented at the hearing, it appears
that the Service Plan should be approved by the City Council, subject to certain conditions set
forth below, in accordance with C.R.S. § 32-1-204.5(1)(c).
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
COLLINS, COUNTY OF LARIMER:
Section 1. The City Council, as the governing body of the City of Fort Collins, Colorado,
does hereby determine, based on representations by and on behalf of Anheuser-Busch,
Incorporated (the "Developer"), that all of the requirements of Title 32, Article 1, Part 2, C.R.S.,
as amended, relating to the filing of a Service Plan for the proposed Anheuser Busch Park and
Recreation District have been fulfilled and that notice of the hearing was given in the time and
manner required by law.
Section 2. Based on representations by and on behalf of the Developer, the City Council
of the City of Fort Collins, Colorado has jurisdiction over the subject matter of this proposed
special district pursuant to Title 32, Article 1, part 2, C.R.S., as amended.
Section 3. Pursuant to C.R.S. §§ 32-1-204.5, 32-1-202(2) and 32-1-203(2), the City
Council of the City of Fort Collins, Colorado does hereby find and determine, based on the
Service Plan and other evidence presented by and on behalf of the Developer, that:
(a) There is sufficient existing and projected need for organized service in the
area to be serviced by the proposed District;
(b) The existing service in the area to be served by the proposed District is
I
inadequate for present and projected needs;
(c) The proposed special district is capable of providing economical and
sufficient service to the area within its proposed boundaries;
(d) The area to be included in the proposed District has, or will have, the
financial ability to discharge the proposed financial obligations on a
reasonable basis;
(e) The facility and service standards of the District are compatible with the
facility and service standards of each county within which the District is to
be located and each municipality which is an interested part under § 32-1-
204(1), C.R.S.;
(f) The proposal is in compliance with any duly adopted county, regional, or
state long-range water quality plan for the area; and
(g) The creation of the proposed District will be in the best interests of the
area proposed to be served.
Section 5. The Service Plan of the proposed Anheuser Busch Park and Recreation
District, as set forth in Exhibit A to this Resolution and dated 2008, is hereby
approved.
RESOLVED, ADOPTED AND APPROVED this day of , 2008.
CITY COUNCIL,
CITY OF FORT COLLINS, COLORADO
(SEAL)
ATTEST:
Mayor
City Clerk
Anheuset Busch Park and Recreation District-- 929 0003
2
CERTIFICATE
I, , do hereby certify that the above and foregoing is a true,
correct and complete copy of a resolution adopted by the City Council of the City of Fort Collins,
Colorado, at a public meeting held on the day of , 2008.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of
Fort Collins, Colorado, this _ day of 2008.
(SEAL)
City Clerk
3
Esther Gesick
From:
Sent:
To:
Subject:
Attachments:
If M
Bruce Barker
Tuesday, December 23, 2008 9:47 AM
Esther Gesick; Jennifer VanEgdom
FW: Anheuser Busch Park and Recreation District / Petition to include property in Weld
County
Registry of Certified Programs.pdf; A&B P&R Service Plan 09092008.pdf; Petition for
Inclusion of Wildlife Preserve - EXECUTED.pdf; Ltr to Weld County BOCC for AB inclusion
12-8-08.pdf
Registry of A&B P&R Service Petition for Ltr to Weld County
:ertified Programs.. Plan 09092008.... Inclusion of Wild... BOCC for AB...
Here is the information regarding the Anheuser-Busch Park and Rec District. I will get
the reso to you by tomorrow, along with a map that shows the property.
Original Message
From: Dianne Miller [mailto:dmiller®miller-rosenbluth.com]
Sent: Monday, December 08, 2008 9:42 AM
To: Bruce Barker
Subject: Anheuser Busch Park and Recreation District / Petition to include property in
Weld County
Dear Mr. Barker: Enclosed is a letter addressed to the Weld County Board of County
Commissioners on behalf of the Anheuser Busch Park and Recreation District. The District
is anticipating the inclusion of a parcel of wildlife habitat in Weld County into its
boundaries, and we are providing the required notice to the BOCC and requesting a finding
from them that this is not a material modification of the District's service plan.
Along with the letter are several enclosures, including the District's Service Plan, the
petition for inclusion, and some information about property already in the boundaries of
the district. Finally, there is a copy of a commercial regarding Anheuser Busch's
involvement in other park and recreation projects outside of Colorado. Because the
commercial is a large file, I will send it by separate email in case your spam or virus
filters do not allow it through.
The letter and all of the enclosures are being sent to the BOCC today and should arrive
soon.
Please review the letter and attachments. I will call you in the next few days but if you
have any questions or concerns before that, please feel free to contact me. I appreciate
your time on this matter.
Regards,
Dianne D. Miller
Miller Rosenbluth, LLC
1
700 17th Street, Suite 2200
Denver CO 80202
dmiller®miller-rosenbluth.com
main: 303 285 5320
fax: 303 285 5330
cell: 303 564 4330
Please be advised that this email and any files transmitted with it may be confidential
attorney -client communications or may otherwise be privileged or confidential and are
intended solely for the individual or entity to whom they are addressed. If you are not
the intended recipient, please do not read, copy or retransmit this communication but
destroy it immediately. Any unauthorized dissemination, distribution or copying of this
communication is strictly prohibited.
2
Anheuser Busch Park
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From:
Sent:
To:
Cc:
Subject:
Esther:
Bruce Barker
Wednesday, January 21, 2009 11:50 AM
Vicky Sprague
Esther Gesick
FW: Anheuser Busch P&R District / worksession with BOCC
We will need to ask the Board to continue the matter from Monday's agenda to Monday,
February 23, 2009
Vicky: The dates Dianne said she has available are February 4, 9, and 11, 2009, after 1
p.m. Her phone number is in her e-mail, below.
Bruce.
Original Message
From: Dianne Miller [mailto:dmiller@miller-rosenbluth.com]
Sent: Wednesday, January 14, 2009 12:53 PM
To: Bruce Barker
Subject: RE: Anheuser Busch P&R District / worksession with BOCC
Bruce: Is it possible to reschedule to a different date? Paul
Czarnecki is not available next Monday. Continuing the hearing date
would be okay, too, if that makes it easier. I just know that A -B feels
strongly that they have a board member present and Paul knows this issue
better than anyone.
Dianne
303 285 5320
Original Message
From: Bruce Barker [mailto:bbarker@co.weld.co.us]
Sent: Wednesday, January 14, 2009 11:18 AM
To: Dianne Miller
Subject: RE: Anheuser Busch P&R District / worksession with BOCC
Dianne:
The Board has set this for a work session next Monday, 1/19, at 2
Although that is a Federal holiday, we float it to the day after
Thanksgiving. Can you make that date and time?
Bruce.
Original Message
From: Bruce Barker
Sent: Monday, January 12, 2009 1:29 PM
To: 'Dianne Miller'
Subject: RE: Anheuser Busch P&R District
Dianne:
worksession with BOCC
p.m.
Thanks for the e-mail reminder! I was suppose to schedule for the new
Board, but forgot!
Work session will be sometime in the next 2 weeks. I will let you know
when the Board sets it.
1
Bruce.
Original Message
From: Dianne Miller [mailto:dmiller@miller-rosenbluth.com]
Sent: Monday, January 12, 2009 11:32 AM
To: Bruce Barker
Subject: Anheuser Busch P&R District / worksession with BOCC
Hi, Bruce: I haven't heard from anyone about a work session date with
the BOCC. Did I misunderstand? Was I supposed to call someone?
Thanks for your help.
Dianne D. Miller
Miller Rosenbluth, LLC
700 17th Street, Suite 2200
Denver CO 80202
dmiller@miller-rosenbluth.com
main: 303 285 5320
fax: 303 285 5330
cell: 303 564 4330
Please be advised that this email and any files transmitted with it may
be confidential attorney -client communications or may otherwise be
privileged or confidential and are intended solely for the individual or
entity to whom they are addressed. If you are not the intended
recipient, please do not read, copy or retransmit this communication but
destroy it immediately. Any unauthorized dissemination, distribution or
copying of this communication is strictly prohibited.
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Dianne:
Bruce Barker
Monday, March 23, 2009 8:20 AM
Dianne Miller; Brad Mueller; Thomas Honn
William Garcia; Douglas Rademacher; Dave Long; Barbara Kirkmeyer; Sean Conway; Esther
Gesick
RE: Anheuser Busch Park & Rec District / Inclusion Hearing on March 2
I will ask the Board to refer the matter back to staff, thereby taking it off the agenda
and giving us whatever time we need to get the boundaries figured out and to finish the
IGA. Please contact me later this week to discuss. I hope you feel better!
Bruce.
Original Message
From: Dianne Miller [mailto:dmiller@miller-rosenbluth.com]
Sent: Monday, March 23, 2009 6:27 AM
To: Bruce Barker; Brad Mueller; Thomas Honn
Subject: RE: Anheuser Busch Park & Rec District / Inclusion Hearing on March 2
Gentlemen: I had intended be in Greeley this morning for the hearing.
I have Brad's thoughts and I think my board will generally find them
acceptable although I haven't been able to speak to them. Also, I
received an email on Friday from Paul Czarnecki regarding the tour of
the farm that some of the Commissioners --in the email Paul forwarded
some questions to me that the Commissioners had posed to him regarding
the boundaries of the district, and I don't yet have an answer. So, I
was going to ask for an extension anyway so we could draft the IGA and I
could get answers to the questions the Commissioners had posed to Paul
on the tour.
However, I woke up this morning with the flu (or maybe a case of food
poisoning); whatever it is I am not fit to be around other people, and
if it is the flu I would hate to pass it on to anyone. So, could I
impose on one of you to ask the Commissioners for an extension on my
behalf then we will hopefully have both an actual IGA to present and I
will have the answers to their questions.
I appreciate your help. I am out of town at the end of next week and
the beginning of the following week, so if we could reschedule the
hearing to April 13th, or later.
Regards,
Dianne
303 285 5320
Original Message
From: Bruce Barker [mailto:bbarker@co.weld.co.us]
Sent: Tuesday, March 17, 2009 4:47 PM
To: Dianne Miller; Brad Mueller; Thomas Honn
Subject: RE: Anheuser Busch Park & Rec District / Inclusion Hearing on
March 2
Diane:
The item on the Board's 3/2 agenda was rescheduled for 3/23.
Attached are some thoughts from Brad Mueller. Your thoughts?
1
I would like to get an IGA done before the 23rd, but that probably will
be pushing it
Sorry for the delay.
Bruce.
Original Message
From: Dianne Miller [mailto:dmiller@miller-rosenbluth.com]
Sent: Tuesday, February 24, 2009 10:06 AM
To: Brad Mueller; Thomas Honn; Bruce Barker
Subject: Anheuser Busch Park & Rec District / Inclusion Hearing on March
2
Hi, Guys: I just left Brad a VM to say that, unless I've missed it in
my inbox, I haven't seen a draft IGA yet, so I'm thinking that maybe we
need to move the hearing that is currently scheduled for March 2 (at
least that's what is on my calendar) out a couple of weeks. Let me know
your thoughts.
Regards,
Dianne D. Miller
Miller Rosenbluth, LLC
700 17th Street, Suite 2200
Denver CO 80202
dmiller@miller-rosenbluth.com
main: 303 285 5320
fax: 303 285 5330
cell: 303 564 4330
Please be advised that this email and any files transmitted with it may
be confidential attorney -client communications or may otherwise be
privileged or confidential and are intended solely for the individual or
entity to whom they are addressed. If you are not the intended
recipient, please do not read, copy or retransmit this communication but
destroy it immediately. Any unauthorized dissemination, distribution or
copying of this communication is strictly prohibited.
Hello