agenda - town of windsor, co

TOWN BOARD REGULAR MEETINGOctober 11, 2021 - 7:00 PM

Town Board Chambers, 301 Walnut Street, Windsor, CO 80550

AGENDAA. CALL TO ORDER

1. Roll Call

2. Pledge of Allegiance

3. Review of Agenda by the Board and Addition of Items of New Business to the Agenda forConsideration

4. Proclamation

• National Community Planning Month

5. Board Liaison Reports

• Town Board Member Charpentier - Chamber of Commerce, Clearview Library Board

• Town Board Member Wilson - Planning Commission, Larimer County Behavioral HealthPolicy Council

• Mayor Pro Tem Bennett – Water and Sewer Board, 34, and I-25 Coalition’s

• Town Board Member Cline – Tree Board, Poudre River Trail Corridor Authority, HistoricPreservation Commission

• Town Board Member Tallon - Parks, Recreation and Culture Advisory Board, GreatWestern Trail Authority

• Town Board Member Sislowski - Windsor Housing Authority, Windsor Severance FireDistrict

• Mayor Rennemeyer - Downtown Development Authority, North Front Range MPO

6. Public Invited to be Heard

Individuals wishing to participate in Public Invited to be Heard (non-agenda item) are requested to signup on the form provided in the foyer of the Town Board Chambers. When you are recognized, step tothe podium, state your name and address then speak to the Town Board. Individuals wishing to speak during the Public Invited to be Heard or during Public Hearing proceedingsare encouraged to be prepared and individuals will be limited to three (3) minutes. Written commentsare welcome and should be given to the Deputy Town Clerk prior to the start of the meeting.

B. CONSENT CALENDAR

1. Minutes of the September 27, 2021 Regular Town Board Meeting - K. Frawley, Town Clerk

2. Boards and Commissions Appointments - K. Frawley, Town Clerk

3. Report of Bills September 2021 - D.Moyer Director of Finance

4. Resolution 2021-62 A Resolution Approving and Adopting the Intergovernmental Agreement forAcquisition, Ownership, and Management of Open Space Land Between the Town of Windsorand The City of Greeley - W. Willis, Open Space and Trails Manager

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C. BOARD ACTION

1. Public Hearing - Ordinance 2021-1634 - An Ordinance Approving the Ascent Charter SchoolAnnexation to the Town of Windsor - GRHH Performance Fort Collins, LLC, and PerformanceCharter School Fort Collins, LLC, Applicant

First ReadingLegislativeStaff Presentation: Carlin Malone, Chief Planner

a

2. Ordinance 2021-1634 - An Ordinance Approving the Ascent Charter School Annexation to theTown of Windsor - GRHH Performance Fort Collins, LLC, and Performance Charter SchoolFort Collins, LLC, Applicant

First ReadingLegislativeStaff Presentation: Carlin Malone, Chief Planner

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3. Resolution No. 2021-63 A Resolution Approving and Adopting the Second Amendment to theIntergovernmental Agreement for Treated Water Service Between the City of Greeley,Colorado and Town of Windsor, Colorado

Legislative ActionStaff Presentation: John Thornhill, Community Development Director; Leif Lesoing,Water Resource Administrator

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4. Ordinance 2021-1632 - An Ordinance Approving the Larimer County Road 1-KygerAnnexation to the Town of Windsor - Town of Windsor, Applicant

Second ReadingLegislativeStaff Presentation: Carlin Malone, Chief Planner

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5. Ordinance 2021-1633 - An Ordinance Approving the Weld County Road 13-Kyger Annexationto the Town of Windsor - Weld County, Applicant

Second ReadingLegislative Staff Presentation: Carlin Malone, Chief Planner

a

D. COMMUNICATIONS

1. Communications from Town Attorney

2. Communications from Town Staff

a. Financial Report August 2021

3. Communications from Town Manager

a. Monthly Board Report

4. Communications from Town Board

E. EXECUTIVE SESSION

1. An Executive Session Pursuant to Colorado Revised Statutes §24-6-402 (4)(e)(I) for thePurpose of Determining Positions Relative to Matters that may be Subject to Negotiations;Developing Strategy for Negotiations; and Instructing Negotiators with Respect to CertainEconomic Development Incentives - Stacy Miller, Director of Economic Development

2. An Executive Session Pursuant to Colorado Revised Statutes § 24-6-402 (4)(e)(I) for thePurpose of Determining Positions Relative to Matters that may be Subject to Negotiations;Developing Strategy for Negotiations; and Instructing Negotiators With Respect to SiteDevelopment Issues - John Thornhill, Community Development Director

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F. ADJOURN

The Town of Windsor will make reasonable accommodations for access to Town services, programs, and activities and will makespecial communication arrangements for persons with disabilities. Please call (970) 674-2400 by noon on the Thursday prior to themeeting to make arrangements.

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MEMORANDUMDate: October 11, 2021To: Mayor and Town BoardVia: Shane Hale, Town ManagerFrom: Scott Ballstadt, Director of PlanningRe: Proclamation - National Community Planning MonthItem #: 4.•

ATTACHMENTS:

National Community Planning Month Proclamation

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P R O C L A M A T I O N

National Community Planning Month

WHEREAS, change is constant and affects all cities, towns, counties, and other places; and

WHEREAS, community planning and plans can help manage change in a way that provides

better choices for how citizens’ work and live; and

WHEREAS, community planning provides an opportunity for all residents to be

meaningfully involved in making choices that determine the future of their community;

and

WHEREAS, , the full benefits of planning require public officials and citizens who

understand, support and demand excellence in planning and plan implementation; and

WHEREAS, the month of October is designated as national community planning month

throughout the United States of America and its territories; and

WHEREAS, the celebration of national community planning month provides an

opportunity to recognize the participation and dedication of members of planning

commissions and other citizens who have contributed their time and expertise to the

improvement of their communities;

NOW, THEREFORE, BE IT RESOLVED, that I, Paul Rennemeyer, Mayor of Windsor,

along with the Windsor Town Board proclaim October 2021, as National Community

Planning Month in recognition of Windsor’s dedication and commitment to community

planning

Dated this 11th Day of October, 2021.

__________________________________________ Paul Rennemeyer, Mayor

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MEMORANDUMDate: October 11, 2021To: Mayor and Town BoardVia: Shane Hale, Town ManagerFrom: Karen Frawley, Town ClerkRe: Meeting MinutesItem #: B.1.

ATTACHMENTS:

09.27.21 Draft Town Board Regular Meeting Minutes

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TOWN BOARD REGULAR MEETING September 27, 2021 - 7:00 PM

Town Board Chambers, 301 Walnut Street, Windsor, CO 80550

MINUTES

A. CALL TO ORDER

Mayor Pro Tem Bennett called the meeting to order at 7:02 p.m.

1.Roll call

Mayor Paul Rennemeyer - Absent Mayor Pro Tem Ken Bennett Scott Charpentier Barry Wilson Julie Cline Victor Tallon David Sislowski

Also Present: Eric Lucas, Public Services Director Jess Humphries, Administrative Services Director Ian McCargar, Town Attorney Rick Klimek, Police Chief John Thornhill, Community Development Director Scott Ballstadt, Planning Director David Eisenbraun, Senior Planner Carlin Malone, Chief Planner Paul Schwindler, Deputy Director of Public Services Kim Emil, Assistant Town Attorney Dean Moyer, Finance Director Joe Gaona, Information Technology Manager McKenzie Payne, Visual Media Coordinator Karen Frawley, Town Clerk

2. Pledge of Allegiance

Mayor Pro Tem Bennett asked Town Board Member Charpentier to lead the Pledge of Allegiance.

3. Review of Agenda by the Board and Addition of Items of New Business to the

Agenda for Consideration

Per Mr. McCargar, there are corrections to the agenda to be made. Item C2, C3, C4, C5, and C6 are legislative matters not quasi-judicial and requests an amendment to the agenda with those corrections.

Town Board Member Wilson moved to approve the agenda as amended, Town Board Member Sislowski seconded the motion. Roll call on the vote resulted as follows; Yeas - Bennett, Charpentier , Cline, Sislowski, Tallon, Wilson; Motion Passed.

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4. Board Liaison Reports

• Town Board Member Charpentier - Chamber of Commerce, Clearview Library Board

Town Board Member Charpentier reported that the Clearview Library Board has not met since last provided update. Town Board Member Charpentier reported that the Chamber of Commerce is still rocking and is averaging four events a week. The Chamber hosted over thirty teams at its golf tournament fundraiser. The Mayor was on a team that took first place in the tournament.

• Town Board Member Wilson - Planning Commission, Larimer County Behavioral Health Policy Council

Town Board Member Wilson reported that there are no updates to provide at this time.

• Mayor Pro Tem Bennett – Water and Sewer Board, 34, and I-25 Coalition’s

Mayor Pro Tem Bennett reported that the 34 and I-25 Coalitions have not met and has no update to provide at this time.

Mayor Pro Tem Bennett reported that the Water and Sewer Board had a presentation from members of Greeley about Greeley's water story as well as the Terry Bison Project.

• Town Board Member Cline – Tree Board, Poudre River Trail Corridor Authority, Historic Preservation Commission

Town Board Member Cline reported that the Tree Board will be meeting tomorrow and will provide an update at the next Board Meeting.

Town Board Member Cline reported that the Historic Preservation Commission has not met since the last meeting so there is not update to provide at this time.

Town Board Member Cline reported that the Poudre River Trail Corridor Authority subcommittee has been meeting and putting together items for the Party on the Poudre which will take place on October 20th.

• Town Board Member Tallon - Parks, Recreation and Culture Advisory Board, Great Western Trail Authority

Town Board Member Tallon reported that neither board will be meeting until next week so there is not update to provide.

• Town Board Member Sislowski - Windsor Housing Authority, Windsor Severance Fire District

Town Board Member Sislowski reported that there is no update for the Fire District.

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Town Board Member Sislowski reported that the Windsor Housing Authority held its meeting and the primary topic of discussion was regarding the Golden Meadows development. The development was not approved for the tax incentive financing and the project was put on hold until it was decided how to reapply the next year. In the meantime, the Loveland Housing Authority looked at the financing package with the construction costs going up and the nature of the tax incentive financing believe that in order to be competitive may require a significant redesign. With that, they have decided not to apply for incentive financing this year.

• Mayor Rennemeyer - Downtown Development Authority, North Front Range MPO

Mayor Rennemeyer was absent and did not have an update to provide.

5. Public Invited to be Heard

Mayor Pro Tem Bennett opened the meeting up for public comment. Jay Mendoza with Poudre Valley REA addressed the Board and presented the Town with a capital credit check in the amount of $11,943.35.

B. CONSENT CALENDAR

1. Minutes of the September 13, 2021 Town Board Regular Meeting - K. Frawley, Town Clerk

Board Member Cline moved to approve the consent calendar with the amendment on page four of the packet, second paragraph, changing the date from October 6th to October 20th., Town Board Member Wilson seconded the motion. Roll call on the vote resulted as follows; Yeas - Bennett, Charpentier , Cline, Sislowski, Tallon, Wilson; Motion Passed.

C. BOARD ACTION

1. Community Grant Request

Scott Romme, Executive Director of Trident Adaptive Programs Inc., has submitted an application requesting funding under the Community Grant Program for an event they are hosting in Windsor Colorado.

Precision Sky Dive Team pregame event at the Windsor High School homecoming football game, September 24, 2021.

Board Member Cline moved to approve the community request grant in the amount of $1,000.00 for Trident Veteran Adaptive Programs, Inc. after a precision jump has been completed, Town Board Member Tallon seconded the motion. Roll call on the vote resulted as follows; Yeas - Bennett, Charpentier , Cline, Sislowski, Tallon, Wilson; Motion Passed.

2. Public Hearing - An Ordinance Approving the Larimer County Road 1-Kyger Annexation to the Town of Windsor - Town of Windsor, Applicant The applicant, the Town of Windsor, has submitted a petition to annex approximately 3.479 acres to the Town of Windsor and establishing the zoning

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district designation of Recreation and Open Lands (ROL). The subject property is located between State Highway (SH) 392 and Jacoby Road, east of Kyger Reservoir.

Town Board Member Tallon moved to open the public hearing, Town Board Member Sislowski seconded the motion. Roll call on the vote resulted as follows; Yeas - Bennett, Charpentier , Cline, Sislowski, Tallon, Wilson; Motion Passed. Town Board Member Wilson stated the following, "Mayor Pro Tem Bennett, for the record I would like to point out that in my capacity as a Town Board liaison to the Planning Commission. I was present at the Planning Commission meeting during which this matter and other matters this evening were previously presented. I wish to state that my participation in the Planning Commission proceedings has in no way influenced me in my capacity as a Town Board member this evening. I will make my decision and cast my vote this evening based solely on the evidence presented during this public hearing."

Town Board Member Wilson moved to close the public hearing, Town Board Member Sislowski seconded the motion. Roll call on the vote resulted as follows; Yeas - Bennett, Charpentier , Cline, Sislowski, Tallon, Wilson; Motion Passed.

3. Ordinance 2021-1632 - An Ordinance Approving the Larimer County Road 1-Kyger Annexation to the Town of Windsor - Town of Windsor, Applicant Please refer to public hearing item materials.

Town Board Member Wilson moved to approve Ordinance 2021-1632 as presented, Town Board Member Sislowski seconded the motion. Roll call on the vote resulted as follows; Yeas - Bennett, Charpentier , Cline, Sislowski, Tallon, Wilson; Motion Passed.

4. Public Hearing - An Ordinance Approving the Weld County Road 13-Kyger

Annexation to the Town of Windsor - Weld County, Applicant The applicant, Weld County, has submitted a petition to annex approximately 1.71 acres to the Town of Windsor and establishing the zoning district designation of Recreation and Open Lands (ROL). The subject property is located between State Highway (SH) 392 and Jacoby Road, east of Kyger Reservoir.

Town Board Member Sislowski moved to open the public hearing, Town Board Member Tallon seconded the motion. Roll call on the vote resulted as follows; Yeas - Bennett, Charpentier , Cline, Sislowski, Tallon, Wilson; Motion Passed. Ms. Malone presented on the annexation application.

Town Board Member Sislowski moved to close the public hearing, Town Board Member Tallon seconded the motion. Roll call on the vote resulted as follows; Yeas - Bennett, Charpentier , Cline, Sislowski, Tallon, Wilson; Motion Passed.

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5. Ordinance No. 2021-1633 - An Ordinance Approving the Weld County Road 13-Kyger Annexation to the Town of Windsor - Weld County, Applicant Please refer to public hearing item materials.

Town Board Member Wilson moved to approve Ordinance No. 2021-1633 as presented, Town Board Member Tallon seconded the motion. Roll call on the vote resulted as follows; Yeas - Bennett, Charpentier , Cline, Sislowski, Tallon, Wilson; Motion Passed.

6. Resolution No. 2021-60 - A Resolution Approving the Weld County Road 13-Kyger

Annexation Agreement - K. Emil, Assistant Town Attorney

Town Board Member Sislowski moved to approve Resolution No. 2021-60, Town Board Member Wilson seconded the motion. Roll call on the vote resulted as follows; Yeas - Bennett, Charpentier , Cline, Sislowski, Tallon, Wilson; Motion Passed.

7. Resolution No. 2021-61 – A Resolution Approving a Memorandum of

Understanding (“MOU”) for a Proposed Design and Cooperation Concern the Provision of High Speed Fiber Based Communications and Broadband Services After the last conversation with the Board regarding broadband and exploration of a relationship with ITC Broadband Holdings, LLC dba Highline Internet, staff has worked with Highline Internet to bring forth a memorandum of understanding (“MOU”) between the two parties. The resolution and MOU before the Board tonight are the first steps into formalizing an agreement between the Town of Windsor and Highline Internet for high speed fiber-based communications and broadband services. The MOU affirms each parties interest and intent to develop a FTTP Network within the Town of Windsor. Additionally, it acknowledges that the Town’s level of involvement is dependent upon the outcome of the November coordinated election where the Town has placed ballot issues on both the Larimer and Weld Counties ballots asking citizens if they wish to opt out of the provisions of Senate Bill 152. Discussion ensued between Town Board Members and staff.

Town Board Member Tallon moved to approve Resolution No. 2021-61 as presented, Town Board Member Wilson seconded the motion. Roll call on the vote resulted as follows; Yeas - Bennett, Charpentier , Cline, Sislowski, Tallon, Wilson; Motion Passed.

8. Ordinance No. 2021-1629 - An Ordinance Providing for Authorization and Administration of Infrastructure Cost Reimbursements, and Making Certain Amendments to the Windsor Municipal Code Regarding Reimbursements to Developers for Infrastructure Costs Over the last year we have been discussing updates to the Code to address inconsistencies and inefficiencies in our various provisions for reimbursements to developers for infrastructure costs that should be borne by the Town. During two separate work sessions I described how amendments to the Code will bring greater certainty, efficiency and predictability to the Town's role in reimbursing developers

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for road, water, sanitary sewer and stormwater drainage oversizing. The attached Ordinance assures that infrastructure is eligible for reimbursement, authorized for reimbursement in advance by the Town, and is supported by cost analysis in advance. This Ordinance is unchanged from first reading on September 13.

Mayor Pro Tem Bennett opened the meeting for public comment, to which there was none.

Town Board Member Wilson moved to approve Ordinance No. 2021-1629 as presented, Town Board Member Tallon seconded the motion. Roll call on the vote resulted as follows; Yeas - Bennett, Charpentier , Cline, Sislowski, Tallon, Wilson; Motion Passed.

9. Ordinance No. 2021-1630 - An Ordinance Approving The Amended And Restated

Consolidated Service Plan For Greenwald Farms Metropolitan District Nos. 1 & 2, Amended And Restated Service Plan For Tacincala Metropolitan District Nos. 1-5, And Service Plan For Prairie Song Metropolitan District Nos. 8 & 9, Unified Into The Consolidated Service Plan For Prairie Song Metropolitan District Nos. 1-9, And Authorizing The Execution Of An Intergovernmental Agreement Between The Town And The Districts The Prairie Song Metropolitan Districts No.'s 1-9 are proposed as a consolidation of existing metropolitan districts and creation of new districts to serve development in the portion of the Tacincala Annexation lying west of State Highway 257 and east of Weld County Road 15. Given the size of the land area and plans for its development, the Districts are proposing to finance significant improvements over an extended build-out.

NOTE: the Service Plan has been modified in two key places to address concerns

raised at first reading: Section 20, Meetings, has been revised to require District Board meetings to occur

after 5:00 p.m. once any parcel within the District is owned by an end user. This section has also been modified to assure remote meeting options if available.

Section VI.C, second full paragraph, has been modified in two ways: (1) a general

requirement that the O&M Mill Levy not exceed what is reasonably necessary for O&M and appropriate reserves, and (2) a 20-mill cap on the O&M Mill Levy, subject to the Maximum Aggregate when added to any Debt Mill Levy.


Town Board Member Sislowski moved to approve Ordinance No. 2021-1630, Town Board Member Tallon seconded the motion. Roll call on the vote resulted as follows; Yeas - Bennett, Charpentier , Cline, Sislowski, Tallon, Wilson; Motion Passed.

10. Ordinance No. 2021-1631 Amending Certain Portions of Article II, Chapter 18 of the Windsor Municipal Code Concerning Amendments to the International Residential Code

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Windsor has adopted the 2018 International Building Codes with several amendments. The enclosed presentation outlines a few additional amendments that Town Board discussed at the August 9th work session to address additional building safety and quality concerns.

No changes have been made since First Reading.


Board Member Cline moved to approve Ordinance No. 2021-1631 as presented, Town Board Member Tallon seconded the motion. Roll call on the vote resulted as follows; Yeas - Bennett, Charpentier , Cline, Sislowski, Tallon, Wilson; Motion Passed.

D. COMMUNICATIONS

1. Communications from Town Attorney

Per Mr. McCargar, staff attended the Colorado Municipal League annual conference which was really good and very informative.

2. Communications from Town Staff

a. Windsor Police Department August 2021 Statistical Report

b. Roadway Maintenance Project - Overrun This summer’s roadway improvement project had two roads that required additional work that was not anticipated with the initial design and cost; these roads were Longs Peak Circle & Palomino Way. Both roads were initial constructed as private roads with little to no construction oversight, and recently the Town took over the maintenance and added them to the pavement management data base. Based on what engineering staff saw after milling, these roads were initial constructed on untreated subgrade with no aggregate course base between the asphalt and subgrade. A few weeks before work began this spring, we were experiencing above average rainfall; Staff believes this moisture saturated the subgrade through the cracks in the roadway, which would have been fine with residential traffic, but once the contractor began to mill the roadway, the subgrade failed under the weight of the milling machine and the semi-trucks. The contractor was directed to pulverize the remaining pavement and cement treat the subgrade; this was the quickest, most cost affective option presented to the Town.

c. Town Hall Glycol System Replacement The HVAC system in Town Hall uses a glycol-based fluid for heat transfer that was installed in 2009 using Schedule 40 PVC pipe. Unfortunately, the pipe used was not the proper type and has become brittle and over the past few years we began to see the system failing

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with leaks and significant breaks, especially at the brass fittings and in the basement where large pipe breaks have led to significant repair costs. To mitigate the damage that can be caused by these leaks, the facilities team completes daily detailed inspections of the entire building. These inspections are a substantial time investment of human resources.

d. Urban3 Presentation - Economic MRI of Windsor Follow-up

Background Context

Following the Urban3 presentation to Town Board on October 19th 2020 and follow-up discussion January 11, 2021, Town Board budgeted $38,000 for the analysis as discussed at that work session.

This final presentation from Urban3 will provide some next steps and direction for the Town and recommendations to include in future planning documents such as how to construct the Comprehensive Plan Update in 2022.

3. Communications from Town Manager

Per Mr. Lucas, acting Town Manager, reminder there is a Capital Improvement Work Session next week as well as the budget retreat the following Saturday from 8:00 a.m. until approximately 2:00 p.m.

4. Communications from Town Board

E. ADJOURN

Town Board Member Tallon moved to adjourn, Town Board Member Wilson seconded the motion. Roll call on the vote resulted as follows; Yeas - Bennett, Charpentier , Cline, Sislowski, Tallon, Wilson; Motion Passed. Upon a motion duly made, the meeting was adjourned at 9:00 p.m.

_____________________________________ Karen Frawley, Town Clerk

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MEMORANDUMDate: October 11, 2021To: Mayor and Town BoardVia: Shane Hale, Town ManagerFrom: Karen Frawley, Town ClerkRe: Boards and Commissions AppointmentItem #: B.2.

Background / Discussion: During the week of September 20th, Mayor Rennemeyer and Mayor Pro Tem Bennett conducted Board andCommissions interviews for a vacant seat on the Windsor Arts Commission. The following individuals are beingrecommended for appointment. Windsor Arts CommissionCarol Clark - Term expiring September 2022

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MEMORANDUMDate: October 11, 2021To: Mayor and Town BoardVia: Shane Hale, Town ManagerFrom:Re:Item #: B.3.

ATTACHMENTS:

Report of Bills September 2021

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MEMORANDUMDate: October 11, 2021To: Mayor and Town BoardVia: Shane Hale, Town ManagerFrom: Wade Willis, Open Space and Trails ManagerRe: Windsor Greeley Open Space Acquisition & MaintenanceItem #: B.4.

Background / Discussion: Windsor's Open Space and Trails Staff, Legal Counsel, Department Heads have been working with Greeley'scorresponding colleagues to develop an Intergovernmental Agreement for the purposes of guiding collaborations on theacquisition of potential open spaces areas and community separators. This was presented to the Town Board at the August 9th Town Board Work Session and staff was directed to moveforward to a future board meeting for approval.

Financial Impact: None at this time.

Relationship to Strategic Plan: Strategic Growth - Establish community separators and preserve open space that ensure Windsor maintains its identityand quality of life. Action Step 1.2.3: Develop IGA's with neighboring communities with a focus on open space.

Recommendation:Approve resolution No. 2021-62 IGA APPROVING AND ADOPTING THE INTERGOVERNMENTAL AGREEMENTFOR ACQUISITION, OWNERSHIP AND MANAGEMENT OF OPEN SPACE LAND BETWEEN THE TOWN OFWINDSOR AND THE CITY OF GREELEY

ATTACHMENTS:

TB Resolution 2021-62 IGA Greeley Windsor Open SpaceIGA Greeley Windsor Open Space

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TOWN OF WINDSOR

RESOLUTION NO. 2021 – 62

A RESOLUTION APPROVING AND ADOPTING THE INTERGOVERNMENTAL

AGREEMENT FOR ACQUISITION, OWNERSHIP AND MANAGEMENT OF OPEN

SPACE LAND BETWEEN THE TOWN OF WINDSOR AND THE CITY OF

GREELEY

WHEREAS, the Town of Windsor (“Town”) is a Colorado home rule municipality with

all powers and authority vested by Colorado law; and

WHEREAS, the Town has a long history of cooperative relations with neighboring

municipalities, including the City of Greeley (“Greeley”); and

WHEREAS, the Cache la Poudre River (“River”) flows through both the Town and

Greeley, a permanent source of habitat and history; and

WHEREAS, the Town and Greeley share a common interest in the preservation of the

River corridor; and

WHEREAS, the Town and Greeley have in the past combined resources to acquire,

manage and preserve River corridor open space for the benefit of the public; and

WHEREAS, the Town and Greeley, together with the Poudre River Trail Corridor Inc.,

have worked cooperatively to prepare and adopt A Plan (Poudre Greenway Guide/

Priority Parcels Map Books) for the Region Between Greeley and Windsor to protect and

promote the quality of life, the natural environment and the character of each community;

and

WHEREAS, the parties have worked cooperatively to prepare and adopt the

Comprehensive Cache la Poudre Greenway Guide – Greeley-Windsor Reach (“Guide”)

to direct future urban development toward municipal boundaries, while balancing

preservation of open lands and critical natural areas around the River and within areas

between Greeley and Windsor; and

WHEREAS, the Guide identifies certain critical lands to be protected from development

through various means such as fee acquisition, conservation easements, and regulatory

measures; and

WHEREAS, the Guide further speaks to the management of lands within the identified

Resource Management Area and the Regional Park Preserve; and

WHEREAS, the parties are in the process or will be in the process of developing

individual master plans which will further define and guide potential strategic open lands

acquisitions and joint management areas; and

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2

WHEREAS, Town and Greeley staff have concluded that an overall cooperative

framework for acquisition, ownership and management of open space within and adjacent

to the River corridor is advisable; and

WHEREAS, Town and Greeley staff have negotiated the attached Intergovernmental

Agreement for Acquisition, Ownership and Management of Open Space Land (“IGA”),

which is incorporated herein by this reference; and

WHEREAS, Title 29, Article 1 of the Colorado Revised Statutes encourages and permits

local governments to cooperate in the provision of any function, service, or facility

lawfully authorized to each of the cooperating entities, including the sharing of costs, the

imposition of taxes, or the incurring of debt, so long as such cooperation is authorized by

each party thereto with the approval of its governing body; and

WHEREAS, the Town Board wishes to approve the IGA and authorize its execution.

NOW, THEREFORE, be it resolved by the Town Board for the Town of Windsor,

Colorado, as follows:

1. The attached Intergovernmental Agreement for Acquisition, Ownership and

Management of Open Space Land, is hereby approved and adopted.

2. The Mayor is hereby authorized to execute the attached Intergovernmental

Agreement on behalf of the Town.

3. The Town Attorney is authorized to make such modifications to the form of

the attached Intergovernmental Agreement to protect the Town’s interests and

as may otherwise be necessary to carry out the intent of this Resolution.

Upon motion duly made, seconded and carried, the foregoing Resolution was adopted

this [date], 2021.

TOWN OF WINDSOR, COLORADO

By:______________________________

Paul Rennemeyer, Mayor

ATTEST:

_________________________________

Karen Frawley, Town Clerk [Seal]

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1

INTERGOVERNMENTAL AGREEMENT FOR ACQUISITION, OWNERSHIP AND

MANAGEMENT OF OPEN SPACE LAND

This Intergovernmental Agreement for Acquisition, Ownership and Management of Open

Space Land (“Agreement”) is made this 1st day of August, by and between the CITY OF GREELEY,

COLORADO (“City”) and TOWN OF WINDSOR, COLORADO (“Town”), each a Colorado home

rule municipality.

WHEREAS, part of 2 of Article 1 of Title 29, C.R.S. authorizes governments to cooperate

and contract with one another to provide any function, service or facility lawfully authorized to each,

including the sharing of costs; and

WHEREAS, the parties, together with the Poudre River Trail Corridor Inc., have worked

cooperatively to prepare and adopt A Plan (Poudre Greenway Guide/ Priority Parcels Map Books)

for the Region Between Greeley and Windsor (“Plan”) to protect and promote the quality of life, the

natural environment and the character of each community; and

WHEREAS, the parties have worked cooperatively to prepare and adopt the Comprehensive

Cache la Poudre Greenway Guide – Greeley-Windsor Reach (“Guide”) to direct future urban

development toward municipal boundaries, while balancing preservation of open lands and critical

natural areas around the Cache la Poudre River and within areas between Greeley and Windsor; and

WHEREAS, the Guide identifies certain critical lands to be protected from development

through various means such as fee acquisition, conservation easements, and regulatory measures; and

WHEREAS, the Guide further speaks to the management of lands within the identified

Resource Management Area and the Regional Park Preserve; and

WHEREAS, the City has completed the Get Outdoors Greeley strategic plan in 2021 and the

Town is in the process of developing a strategic plan with the anticipated adoption date in late 2021,

which will further define and guide potential strategic open lands acquisitions and joint management

areas; and

WHEREAS, each party may in the future acquire lands without contribution from the other,

yet such acquisitions may fit into the overall strategic objectives of the Guide; and

WHEREAS, the parties desire to assure that independently-acquired lands will be subject to

cooperative management and use as permitted and contemplated herein; and

WHEREAS, the parties desire to cooperate and contract with one another concerning the

sharing of costs and responsibilities for the acquisition, ownership, improvement, and management

of the properties acquired by each.

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NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties

agree as follows:

A. Prior to Contracting for Purchase. Prior to the execution of any agreement for purchase of

real property interests that may be appropriate for administration under this Agreement, the parties

will:

(1) Communicate regarding the suitability of each parcel under consideration, and will arrive at

consensus as to whether the acquisition meets the criteria found in the Plan and the Guide.

(2) Communicate regarding acquisition of interests in open space lands through fee transfers,

conservation easements or other legal means, and will arrive at the preferred mode of

ownership interest for each suitable parcel.

(3) Communicate as to whether title to the acquisition will be held jointly or separately.

(4) Communicate as to contractual terms for closing, title insurance, appraisals, due diligence

and other items, and will between them allocate responsibility for such terms.

(5) Communicate regarding each party’s contribution, if any, toward the purchase price of any

interests being acquired, and will obtain required authority to commit funds to each

acquisition.

B. Approval of Purchase Contracts. The specific terms of purchase will be reduced to writing

and subject to the following requirements:

(1) Each party’s representatives will obtain required governing body approval for each contract

of sale for each acquisition of property interests that may be appropriate for administration

under this Agreement.

(2) The parties’ representatives will coordinate and cooperate to assure timely governing body

approval, understanding that executive sessions may be required to assure acceptable terms

are negotiated and legal opinions are received as needed.

(3) In the event one or the other party does not receive governing body approval for execution of

a purchase agreement, the other party may proceed with the acquisition independently of the

non-approving party. In this event, the acquiring party shall bear all expense associated with

the acquisition. Nothing in this sub-section shall prevent the parties from later negotiating

terms for the joint management of a parcel acquired separately by either party.

C. Pre-Closing Contract Performance. Each party will carry out its agreed responsibilities for

contract terms necessary to satisfy closing requirements. The parties will coordinate any contractual

interpretations, modifications and communication with seller representatives in a manner mutually-

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acceptable to accommodate unforeseen circumstances. Neither party shall be compelled to undertake

any obligation or commit additional funds outside of the approved contract terms without first

obtaining governmental body approval, if such governmental body approval is needed in the sole

estimation of any party.

D. Post-Closing. Upon closing of a parcel acquisition, the parties will negotiate a parcel-specific

Management Plan as described in Section E below.

E. Property Management Plans. For each acquisition intended for administration under this

Agreement, the parties will arrive at acceptable terms for a written management (“Management

Plan”) to be adopted as provided in this Section.

(1) Ownership. The parties will specifically agree as to how title to each acquisition will be held

for so long as the acquisition is administered under this Agreement. Nothing herein will be

deemed to compel joint ownership if the open space values of the parties can otherwise be

achieved. Regardless of how title is held, management of each acquisition will be

undertaken jointly as set forth in the approved management plan for the acquisition.

(2) Management Best Practices. Each acquisition will be managed in accordance with industry

best practices as set forth in the Management Plan, subject to any prior leases, declarations,

or other legal restrictions otherwise affecting the property.

(3) Management Cost-sharing. The Management Plan for each acquisition will define the

sharing of cost and human resources needed to administer the property in a manner that

promotes the parties’ open space values. The dedication of fiscal resources in future fiscal

years will be subject to appropriation and legal availability of funds. Unless otherwise

expressly agreed in the Management Plan for a particular acquisition, liabilities and costs

outside of customary management costs for site improvements, the Poudre River Trail, or

property management will be shared by the parties in proportion to their ownership interest in

the acquisition. However, in the event such liability or extraordinary costs arise solely or in

part from the negligent acts or omissions of one party, the responsible party shall be

responsible for such liability or extraordinary cost attributable to its acts or omissions.

(4) After-imposed Encumbrances, Restrictions, Conditions. The Management Plan for each

acquisition will identify any encumbrances, restrictions or conditions the parties agree are

appropriate, subject to approval of each party’s governing body. Regardless of how title is

held, neither the Town nor the City may establish, memorialize or record any encumbrance or

restriction on a parcel subject to a Management Plan established under this Agreement

without the express consent of the other party.

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(5) Improvements. To the extent improvements to an acquisition are mutually agreed-upon by

the parties (including, without limitation, Recreational Improvements, Landscape

Improvements, and Habitat Improvements), the improvements and cost sharing therefor will

be included in the applicable Management Plan.

(6) Revenue Generation. To the extent any acquisition held pursuant to this Agreement

generates revenue, any such revenue shall be applied to the customary costs of property

management for the current or in future years, unless otherwise expressly agreed by the

parties. To the extent that accumulated revenue attributed to an acquisition exceeds sums

needed for current or reasonably anticipated future management costs, the parties may apply

such accumulated revenue for improvements to any or all acquisitions held pursuant to this

Agreement.

(7) Memorialization of Management Plans. Once all terms for management of an acquisition

have been reduced to writing, the written Management Plan will be executed by the Town

Manager and City Manager, or their designees. Nothing herein shall be deemed to prohibit

each party from undertaking management activity before execution of the written

Management Plan, if doing so preserves the open space values of both parties on an interim

basis.

(8) Modifications to Approved Management Plans. In the event the parties mutually determine

that modifications to an executed Management Plan are necessary or appropriate to promote

the parties’ open space values, such changes may be made by written amendments executed

by the City Manager and Town Manager or their designee. No amendments will be

construed to permit or compel any changes to ownership or additional encumbrances on a

parcel without governing body approval as required in sub-sections E. (1) and (4) above.

(9) Updates to Management Plans. To the extent necessary for management of acquisitions, the

parties will consider updated Management Plans every ten (10) years, or as circumstances

may otherwise require.

(10) Emergencies, Unforeseen Circumstances. The parties recognize that exigencies may

arise that fall outside of even the best-crafted Management Plan. Therefore, in the event of

emergency or unusual circumstances requiring immediate response, the party responsible for

administering the Management Plan will be entitled to use reasonable discretion in

responding to such circumstances, regardless of the expressed terms of the Management

Plan, provided that reasonable efforts are made to consult with the other party regarding the

proper course of action.

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(11) Responsible Party. Each Management Plan will identify the entity responsible for

administering the Management Plan and, if practical, identify individuals or departments

with primary management responsibility. Any changes in composition or personnel will be

updated to ensure both the Town and the City are accountable to each other on an ongoing

basis.

(12) Periodic Reports. The responsible party will provide periodic reporting of

management activity for each acquisition on no less than an annual basis. Each party will

identify the person or persons to whom reports shall be provided. All items of material

importance to the parties will be disclosed through periodic reporting, including but not

limited to disclosure of fiscal and human resources devoted to the property during the prior

year, to assure that each party is discharging its respective obligations with respect to each

acquisition.

F. Disposition of Property. The parties recognize that circumstances may arise which render

continued joint management of an acquisition impractical or infeasible. Under such

circumstances, the parties agree to the disposition of property held pursuant to the Agreement

as follows:

(1) Buy-out, jointly-held and Withdrawing Party-held acquisitions. If for any reason a

party no longer desires to participate in joint management of an acquisition

(“Withdrawing Party”) to which title is held jointly or solely in the name of the

Withdrawing Party, the Withdrawing Party will provide written notice accordingly to the

other party (“Remaining Party”). Upon notification, the other party may respond with an

offer to purchase to Withdrawing Party’s interest in the acquisition upon terms acceptable

to the Remaining Party, which offer the Withdrawing Party must receive within sixty

(60) days of the Withdrawing Party’s notice of request for withdrawal. If the Remaining

Party’s offer is accepted by the Withdrawing Party, the parties will proceed to transfer

ownership in accordance therewith. If the parties are unable to come to terms for the

buy-out of the Withdrawing Party’s interest, then title and management of the acquisition

will remain as previously agreed pursuant to the then-current Management Plan.

(2) Sale to third party, jointly-held and Withdrawing Party-held acquisitions. If a party

(“Transferring Party”) wishes to transfer its interest in an acquisition held jointly or

solely by the Transferring Party to a third party, the Transferring Party shall first notify

the other party (“Remaining Party”) accordingly. The Remaining Party will have thirty

days to request relevant information regarding the party to whom the Transferring Party

wishes to transfer its interest (“Third Party”), in order to assess the Third Party’s

qualifications to perform the Transferring Party’s responsibilities under the applicable

Management Plan. The Remaining Party shall have sixty (60) days following receipt of

the Third Party’s qualifications to object to the transfer. If no objection to the Third

Party’s qualifications is tendered within sixty (60) days, the Remaining Party will be

deemed to consent to the proposed transfer. If the Remaining Party lodges a timely

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objection to the transfer, the parties will endeavor to resolve the Remaining Party’s

concerns. In the absence of a mutual resolution of the Remaining Party’s concerns, title

to the acquisition and its management will remain as previously agreed pursuant to the

then-current Management Plan.

(3) Transfer of management responsibilities only. If a party for any reason determines it

is unable to continue the joint management of an acquisition under the terms of the then-

current Management Plan (“Withdrawing Party”), the Withdrawing Party will tender a

request to be relieved of ongoing management responsibility to the other party

(“Remaining Party”). The parties will undertake negotiations to modify the terms of the

Management Plan. If the parties are unable to modify the Management Plan, the

management of the acquisition will remain as previously agreed pursuant to the then-

current Management Plan.

(4) Transfer of both parties’ interests to a third party. The parties may at any time agree

to dispose of an acquisition undertaken pursuant to this Agreement. Unless otherwise

expressly agreed prior to the transfer, the parties will divide equally the net proceeds of

any transfer to a third party. If a governmental entity other than the Town or the City by

eminent domain take all or any portion of an acquisition held pursuant to this Agreement,

the proceeds of the taking will be divided equally between the parties unless otherwise

expressly agreed otherwise.

(5) Appraisals. Each party may request one (1) appraisal of any acquisition being

disposed of in accordance with this sub-section 9, and the parties will share equally in the

cost of each such appraisal.

(6) The foregoing terms with respect to disposition of acquisitions held pursuant to this

Agreement shall not be deemed exclusive. If the foregoing terms for disposition of

acquisitions are unsuccessful, either party may seek equitable relief in the state courts of

Colorado sitting in Weld County.

(7) Nothing herein shall be deemed to modify the requirements for disposition of real

property interests applicable to the parties under their adopted codes, charters and

policies

G. Term and Termination. This Agreement shall take effect upon execution, and shall remain in

force for a period of twenty (20) years from the date first appearing above. Notwithstanding

this term, the parties commit to reviewing their relationship hereunder every five (5) years to

determine whether amendments are necessary. This Agreement may be extended by mutual

agreement for additional terms to be negotiated. Either party may terminate this Agreement

at any time with written notice to the other party of not less than thirty (30) days.

Notwithstanding the expiration or termination of this Agreement, any Management Plan

adopted by the parties shall survive termination, and the terms of Section F shall remain in

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effect as to the disposition of any acquisition held under a Management Plan at the time of

the expiration or termination of this Agreement.

H. Miscellaneous.

1. This Agreement may not be assigned by either party without the prior written consent

of the other party.

2. This Agreement shall be binding upon and inure to the benefit of the parties’

respective successors and permitted assigns.

3. Financial obligations of the parties payable after the current fiscal year are contingent

upon the governing bodies of the parties, in their discretion, appropriating the necessary funds

therefor.

4. Nothing in this Agreement waives the immunities, limits of liability, or other terms

and conditions of the Colorado Governmental Immunity Act as now in force or hereafter amended.

5. This Agreement contains the entire understanding of the parties with respect to its

subject matter, and shall not be deemed a modification of any other written agreements between the

parties relating to other topics.

6. Any notices required or permitted to be given shall be in writing and personally

delivered to the office of the parties of by first class mail, postage prepaid, as follows:

To the City:

Justin Scharton, Natural Areas & Trails

Superintendent Culture,

Parks & Recreation Department

321 N. 16th Avenue

Greeley, CO 80631

To the Town:

Wade Willis, Open Space and Trails

Manager

922 N. 15th Street

Windsor, CO 80550

Any such notice shall be effective (i) in the case of personal delivery, when the notice is actually

received, or (ii) in the case of Certified Mail, the third day following deposit in the United States

mail, certified mail postage prepaid, addressed as set forth above. Any party may change these

persons or addresses by giving notice as required above.

6. This Agreement shall be effective upon the date first appearing above.

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CITY OF GREELEY, COLORADO

By:

John Gates, Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk Doug Marek, City Attorney


By:


ATTEST: APPROVED AS TO FORM:

______________________________

Karen Frawley, Town Clerk Ian D. McCargar, Town Attorney

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MEMORANDUMDate: October 11, 2021To: Mayor and Town BoardVia: Shane Hale, Town ManagerFrom: Carlin Malone, Chief PlannerRe: Public Hearing - An Ordinance Approving the Ascent Charter School Annexation to the Town of WindsorItem #: C.1.

Background / Discussion: The applicant, GRHH Performance Fort Collins, LLC, and Performance Charter School Fort Collins, LLC, Applicant;represented by Mr. Ethan Mansfield, has submitted a petition to annex approximately 16.36 acres to the Town ofWindsor and establishing the zoning district designation of Estate Residential (ER). The subject property is locatedeast of LCR 5, one-fourth mile north of LCR 32E. The subject property is currently within unincorporated Larimer County and the western boundary along LCR 5 iscontiguous with the Town of Windsor Corporate Limits. The property is within the Town’s Growth Management Area(GMA) and the Town’s 2016 Land Use Plan identifies this area as “Estate Residential.” As such, the zoning districtestablished for this property upon annexation will be Estate Residential (ER). Under the Town’s land use code, aneducational facility is a permitted use in any zoning district. Zoning and uses for abutting properties include the following: Zoning Current UseNorth RR2 - Rural Residential

(Larimer County)Gravel mining, warehouse

East RR2 - (Larimer County) AgricultureSouth RR2 - (Larimer County) AgricultureWest RMU-1 (Residential Mixed

Use), Town of WindsorResidential neighborhood (underconstruction)

The property is within the boundary of an intergovernmental agreement (IGA) between the Town of Windsor and LarimerCounty, in which, properties eligible for annexation to the Town are to pursue annexation. Furthermore, the property willneed access to a Town roadway (LCR 5) and the development will necessitate roadway improvements. The propertyowner has entered into a pre-annexation agreement, as amended, with the Town of Windsor. The agreement includesterms that allowed the applicant to continue through a Larimer County development review approval and sitedevelopment process, while addressing access and roadway improvements for LCR 5, as well as impact fees thatwould typically be collected at the time of building permit issuance. The applicant received building permits through theState of Colorado, which is an option for schools funded through the state. At their July 12, 2021, regular meeting, Town Board accepted the petition for annexation, initiating annexationproceedings by adopting Resolution No. 2021-39 that declared certain findings of fact concerning the annexation,determining substantial compliance with Colorado Municipal Annexation Act (1965). At their August 23, 2021, regularmeeting, the Town Board adopted Resolution No. 2021-52, establishing public hearing dates before the PlanningCommission and Town Board. Relationship to Comprehensive PlanThe application is consistent with the Comprehensive Plan, particularly the following: Chapter 7- Community Facilities and InfrastructureGoals:

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Maintain and enhance Windsor as a safe and heathy community that is served by quality facilities and infrastructure thatsupport a high quality of life. Objective(s):1. Coordinate annexation and development with community service and utility providers to ensure adequate levels ofservice area extended to new growth areas and maintained in existing service areas. 5. Work with other public agencies throughout the community to maintain adequate and appropriate sites and facilitiesfor the provision of public services. Staff comment: Annexation of the subject property has been anticipated, as the property is within the Town’s GMA andcontiguous with the Town of Windsor Corporate Limits. The subject property is located directly east of a residentialsubdivision (Fossil Creek Ranch Subdivision) under development within Windsor and in proximity to other residentialareas. Ascent Charter School is a kindergarten through 12th grade school. The school is located within the Poudre SchoolDistrict. The school will help serve the growing population in this area by offering an educational opportunity withinproximity of the newly developing neighborhoods. Participation towards the improvements of LCR 5 are part of the terms of this annexation. The property is served byFort Collins-Loveland Water District and South Fort Collins Sanitation District. The property is served by Poudre ValleyFire District and has petitioned to be served by Windsor-Severance Fire and Rescue.

Financial Impact: Financial impacts to the Town associated with the annexation and development of the property are addressed in thepre-annexation agreement, which include improvements to LCR 5 and Town impact fees.

Relationship to Strategic Plan: Infrastructure goals:

Design and implement a well-connected, efficient, multi-modal transportation networkAdequately maintain and ensure that infrastructure (streets, trails, water & sewer) aligns with growth

Annexation of the property requires participation towards LCR 5 improvements.The property is not served by Windsor water or sanitation infrastructure.

Quality of Life:

The site will provide a school in proximity to existing and newly developing neighborhoods for grades kindergartenthrough high school.

NotificationA neighborhood meeting was held on August 23, 2021, virtually. There were no attendees at this meeting other than theapplicant and Town staff. The following notification of neighborhood meeting was completed in accordance with the Municipal Code as follows:

August 9, 2021 - Applicant mailed letters to surrounding property owners within 500’August 13, 2021 – Ad in newspaper

The following public hearing notifications were completed in accordance with the Municipal Code as follows:

Legal ad ran for four consecutive weeks in newspaper:September 3, 2021 – first week legal adSeptember 10, 2021 – second week legal adSeptember 17, 2021 - third week legal adSeptember 24, 2021 – fourth week legal ad

September 14, 2021 – development proposal sign posted on propertySeptember 3, 2021 – public hearing notice published to Town websiteSeptember 6, 2021 – applicant mailed letters to surrounding property ownersSeptember 6, 2021 – staff sent certified mailing of annexation packets to relevant taxing districts

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Recommendation:At their meeting of October 6, 2021, Planning Commission forwarded to Town Board a recommendation of approval ofthe annexation and zoning designation, subject to any outstanding Town Board and staff comments being addressed.

CC:Shane Hale, Town ManagerIan McCargar, Town Attorney

ATTACHMENTS:

Ordinance 2021-1634Annexation PetitionAnnexation Impact ReportPre-Annexation AgreementPre-Annexation Agreement - 1st AmendmentStaff Presentation

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I certify that this copy is identical to the original retained in the official files of this office . [Seal] _____________________________ Karen Frawley, Town Clerk

TOWN OF WINDSOR

ORDINANCE NO. 2021 – 1634 AN ORDINANCE APPROVING THE ASCENT CHARTER SCHOOL ANNEXATION TO THE TOWN OF WINDSOR PURSUANT TO THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 WHEREAS, the Town of Windsor (“Town”) is a Colorado home rule municipality, with all powers and authority vested under Colorado law; and WHEREAS, the Town Clerk has received an Annexation Petition, seeking annexation of certain real property described therein and proposed as the “Ascent Charter School Annexation to the Town of Windsor”; and WHEREAS, the Town has complied in all respects with the requirements of law, including conducting required public hearings pursuant to statutory notice and making required findings of fact, which findings are incorporated herein by this reference; and WHEREAS, following public hearing, the Planning Commission has recommended the approval of the Ascent Charter School Annexation to the Town of Windsor; and WHEREAS, based upon the record and the findings of fact previously made, the Town Board has determined that no election is required for annexation; and WHEREAS, the proposed Ascent Charter School Annexation to the Town of Windsor is depicted and legally-described in the Ascent Charter School Annexation to the Town of Windsor Map, a reduced copy of which is attached and incorporated herein by this reference as Exhibit A; and WHEREAS, the Town Board is prepared to approve the Ascent Charter School Annexation to the Town of Windsor as provided in Title 31, Article 12 of the Colorado Revised Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO, AS FOLLOWS:

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Section 1. The Ascent Charter School Annexation to the Town of Windsor, as depicted and legally-described in Exhibit A hereto, is hereby approved. Section 2. The property within the Ascent Charter School Annexation to the Town of Windsor is hereby given a zoning designation of Estate Residential, in accordance with Section16-1-30 of the Windsor Municipal Code. Section 3. The Town Clerk shall comply with the requirements of § 31-12-113 (2) (a), C.R.S. Section 4. The Pre-Annexation Agreement dated February 4, 2021, and the First Amendment to Pre-Annexation Agreement dated July 9, 2021, are hereby ratified. Introduced, passed on first reading, and ordered published this 11th day of October, 2021.

TOWN OF WINDSOR, COLORADO By______________________________ Paul Rennemeyer, Mayor

ATTEST: ____________________________ Karen Frawley, Town Clerk [Seal] Introduced, passed on second reading, and ordered published this 25th day of October, 2021.

TOWN OF WINDSOR, COLORADO By______________________________ Paul Rennemeyer, Mayor

ATTEST: ___________________________________ [Seal] Karen Frawley, Town Clerk

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ASCENT CHARTER SCHOOL ANNEXATION LEGAL DESCRIPTION

LOT 1 AND TRACTS A, B, AND C, ASCENT CHARTER SCHOOL SUBDIVISION AND A PORTION OF LAND IN THE LOCATED IN THE NW1/4 NW1/4, SECTION 14, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH P.M, LARIMER COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14 AS BEARING NORTH 00°01'58" EAST WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE NORTH 1/16 CORNER OF SAID SECTION 14; THENCE NORTH 89°24'45' EAST A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°01'58" EAST A DISTANCE OF 2,643.73 FEET; THENCE SOUTH 89°28'56"EAST A DISTANCE OF 33.00 FEET; THENCE SOUTH 00°01'58" WEST A DISTANCE OF 1311.76 FEET; THENCE NORTH 88°40'59" EAST A DISTANCE OF 14.73 FEET, THENCE SOUTH 00°01'58" WEST A DISTANCE OF 478.71 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 89°58'02" EAST A DISTANCE OF 745.33 FEET TO THE NORTHEAST CORNER OF LOT 1; THENCE SOUTH 00°05'17" WEST A DISTANCE OF 832.05 FEET TO THE SOUTHEAST CORNER OF LOT 1; THENCE NORTH 89°58'02" WEST A DISTANCE OF 554.80 FEET; THENCE NORTH 52°15'50" WEST A DISTANCE OF 239.81 FEET; THENCE SOUTH 00°01'58" WEST A DISTANCE OF 167.42 FEET; THENCE SOUTH 89°24'45" WEST A DISTANCE OF 47.75 FEET TO THE POINT OF BEGINNING, CONTAINING 712,741 SQUARE FEET OR 16.36 ACRES MORE OF LESS.

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ANNEXATION PETITION C.R.S. 31-12-107(1)

(I, We) the landowner(s) of more than 50% of the territory, excluding public streets and alleys, described as ... insert your legal description here ... containing acres more or less, allege the following to be true and correct:

The perimeter of the proposed annexation has a distance of feet, of which feet are contiguous to the existing TOWN limits of the TOWN OF WINDSOR. A minimum of 1/6 of the perimeter of the proposed annexation is contiguous to the TOWN OF WINDSOR.

We further allege:

1. It is desirable and necessary that said territory be annexed to the TOWN OF

WINDSOR.

2. A community of interest exists between the said territory and the TOWN OF WINDSOR.

3. Said territory is urban or will be urbanized in the near future.

4. Said territory is integrated or capable of being integrated with the TOWN OF

WINDSOR.

5. No land held in identical ownership is divided into separate parcels unless the owner of said tract has consented in writing or joins in this Petition.

6. No land held in identical ownership comprises 20 acres and together with

improvements had an assessed valuation in excess of $200,000.00 in the year preceding the filing of this Petition.

7. No proceedings for annexation of the territory have been commenced for

annexation to another municipality.

8. The signers hereof comprise the landowners of more than 50% of the territory proposed to be annexed exclusive of streets and alleys, and are in fact owners of 100% of the hereinafter described property.

Therefore, the undersigned hereby request that the TOWN OF WINDSOR approve the annexation of the area described above and do herewith pay the required fees.

In addition to the annexation, the undersigned request the zoning of for the above described property.

Date Owners Signature Mailing Address

7,069 2,644

SEE ATTACHED DESCRIPTION

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emansfield

Text Box

855 W Broad St Ste 300, Boise, ID 83702

emansfield

Text Box

8/24/21

emansfield

Text Box

ER (Estate Residential)

ASCENT CHARTER SCHOOL ANNEXATION LEGAL DESCRIPTION

LOT 1 AND TRACTS A, B, AND C, ASCENT CHARTER SCHOOL SUBDIVISION AND

A PORTION OF LAND IN THE LOCATED IN THE NW1/4 NW1/4, SECTION 14,

TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH P.M, LARIMER COUNTY,

COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF THE

NORTHWEST QUARTER OF SECTION 14 AS BEARING NORTH 00°01'58" EAST

WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;

COMMENCING AT THE NORTH 1/16 CORNER OF SAID SECTION 14; THENCE

NORTH 89°24'45' EAST A DISTANCE OF 30.00 FEET TO THE POINT OF

BEGINNING; THENCE NORTH 00°01'58" EAST A DISTANCE OF 2,643.73 FEET;

THENCE SOUTH 89°28'56"EAST A DISTANCE OF 33.00 FEET; THENCE SOUTH

00°01'58" WEST A DISTANCE OF 1311.76 FEET; THENCE NORTH 88°40'59" EAST

A DISTANCE OF 14.73 FEET, THENCE SOUTH 00°01'58" WEST A DISTANCE OF

478.71 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH

89°58'02" EAST A DISTANCE OF 745.33 FEET TO THE NORTHEAST CORNER OF

LOT 1; THENCE SOUTH 00°05'17" WEST A DISTANCE OF 832.05 FEET TO THE

SOUTHEAST CORNER OF LOT 1; THENCE NORTH 89°58'02" WEST A DISTANCE

OF 554.80 FEET; THENCE NORTH 52°15'50" WEST A DISTANCE OF 239.81 FEET;

THENCE SOUTH 00°01'58" WEST A DISTANCE OF 167.42 FEET; THENCE SOUTH

89°24'45" WEST A DISTANCE OF 47.75 FEET TO THE POINT OF BEGINNING,

CONTAINING 712,741 SQUARE FEET OR 16.36 ACRES MORE OF LESS.

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ANNEXATION IMPACT REPORTASCENT CHARTER SCHOOL ANNEXATION

Please see the enclosed Annexation Plat for a full legal description on the subject property.

1) (a) Please see the enclosed Annexation Plat and vicinity map for current and proposed municipal boundaries.

(b) Please see item #3 below for information regarding provision of utility services.

(c) Please see the enclosed Annexation Plat, Town of Windsor Land Use Plan map and the Town’s Land Use Map for the proposed land use patterns.

2) A pre-annexation agreement was required of the Town of Windsor, as the access for the development (LCR 5) is under Windsor’s jurisdiction. The development was processed through Larimer County and permitted through the State of Colorado prior to annexation proceedings though the Town of Windsor.

3) Municipal services will be provided as follows:Water – The proposed development will be served by Fort Collins-Loveland Water District.Sewage Disposal – The proposed development will be served by South Fort Collins Sanitation District.Drainage Facilities – Drainage infrastructure per the Town’s requirements is to be constructed by the developer solely at the developer’s expense.Fire Protection – The petitioner has filed a request for this development to be served by Windsor-Severance Fire and Rescue (WSFR) district. The property is currently served by Poudre Valley Fire Protection District. Police Protection – Town of Windsor Police Department.School – Poudre School District.

4) Installation and financing of any district and municipal infrastructure extensions shall be the sole responsibility of the developer.

5) Please find the enclosed list identifying all existing districts within the area to be annexed.

All development proposals are required to comply with the Town of Windsor Comprehensive Plan, Zoning and Subdivision Ordinances and applicable Corridor Plans.

August 30, 2021Carlin Malone, Chief Planner Date

Planning Commission Meeting - October , 2021 Page 1 of 4 of 130

POUDRE R-1 GENERAL FUNDLARIMER COUNTYPOUDRE R-1 BOND PAYMENTPOUDRE VALLEY FIRE DISTPOUDRE RIVER PUBLIC LIBRARY DISTHEALTH DIST OF NO LARIMER CTYFT COLLINS-LOVELAND WATERN COLO WATER CONS DISTS FT COLLINS SAN DISTLARIMER CO PEST CTRL DST

Planning Commission Meeting - October , 2021 Page 20 of 4

ASCENT CHARTER SCHOOL ANNEXATION - TAX DISTRICTS

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Ascent Char ter School Annexat ion

Carlin Malone, Chief PlannerTown Board – October 11, 2021

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Annexat ion

Article I of Chapter 15 of the Municipal Code outlines the purpose and procedures of the annexation process, including:

Sec. 15-1-10. Purpose.The purpose of this Article is to establish a procedure to bring land under the jurisdiction of the town in compliance with the Colorado Municipal Annexation Act of 1965, as amended.

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Vicini ty Map

Site

LCR

5

SH 392

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Zoning Map

Main St

Site

LCR

5

SH 392

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Land Use Plan

LCR

5

SH 392

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Annexat ion Plat

LCR

5

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Noti f icat ion AreaNeighborhood meeting was held on August 23, 2021, with notification as follows:

• August 9, 2021 – applicant mailed letters to surrounding propertyowners within 500’

• August 13, 2021 – ad in newspaper

Planning Commission and Town Board public hearing notifications:

• Legal ad ran for four consecutive weeks in newspaper:o September 3, 2021 – first week legal ado September 10, 2021 – second week legal ado September 17, 2021 - third week legal ado September 24, 2021 – fourth week legal ad

• September 14, 2021 – development proposal sign posted on property• September 3, 2021 – public hearing notice published to Town website• September 6, 2021 – applicant mailed letters to surrounding property

owners• September 6, 2021 – staff sent certified mailing of annexation packets

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Findings

At their meeting of July 12, 2021, the Town Board adopted Resolution 2021-39 that declared these certain findings of fact, and at their meeting of August 23, 2021, adopted Resolution 2021-52, set hearing dates:

1. October 6, 2021 – Planning Commission 2. October 11, 2021 – Town Board

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Relat ionship to Comprehensive PlanChapter 7- Community Facilities and Infrastructure

Goal: Maintain and enhance Windsor as a safe and heathy community that is served by quality facilities and infrastructure that support a high quality of life.

Objective(s): 1. Coordinate annexation and development with community service and utility

providers to ensure adequate levels of service area extended to new growth areas and maintained in existing service areas.

5. Work with other public agencies throughout the community to maintain adequate and appropriate sites and facilities for the provision of public services

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Relat ionship to Strategic Plan

Sustainable Infrastructure Goals:

• Design and implement a well-connected, efficient, multi-modal transportationnetwork

• Establish pedestrian and bicycle connectivity throughout Windsor• Adequately maintain and ensure that infrastructure (streets, trails, water &

sewer) aligns with growth- Annexation of the property requires participation towards LCR 5 improvements.- The property is not served by Windsor water or sanitation infrastructure.

Quality of Life:• The site will provide a school in proximity to nearby neighborhoods for grades

kindergarten through high school.

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Annexat ion Records

Staff requests that the following be entered into the record:• Ordinance• Application, petition and supplemental materials • Any testimony received during the public hearing• Staff memorandum and supporting documents• Planning Commission recommendation

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Annexat ion Recommendat ion

At their meeting of October 6, 2021, Planning Commission forwarded to the Town Board a recommendation of approval of the annexation and zoning designation, subject to any outstanding Town Board and staff comments being addressed.

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Annexat ionReview Considerat ions

• Annexation is a discretionary act by Town Board• Compliance with Annexation Act of 1965• Consistency with Comprehensive Plan

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MEMORANDUMDate: October 11, 2021To: Mayor and Town BoardVia: Shane Hale, Town ManagerFrom: Carlin Malone, Chief PlannerRe: An Ordinance Approving the Ascent Charter School Annexation to the Town of WindsorItem #: C.2.

Background / Discussion: Please refer to public hearing item materials.

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MEMORANDUMDate: October 11, 2021To: Mayor and Town BoardVia: Shane Hale, Town ManagerFrom: J. Thornhill, Director Community Development and L. Lesoing, Water Resource AdministratorRe: Second Amendment to Intergovernmental Agreement for Treated Water ServiceItem #: C.3.

Background / Discussion: The Northern Integrated Supply Project (NISP) is in the final stages of the permitting process and a Record of Decision(ROD) will be issued soon. The Town will need an interim water supply for drought protection while the NISP project isbeing built. Windsor and Greeley have negotiated a ten year lease agreement for 350 acre-feet of raw water with anoption to extend for an additional five years. The Town will receive up to 350 acre-feet of water in years that NorthernWater issues a quota less than 65%. Windsor will pay $60,000 per year with a 3% increase in annual cost thereafter.Windsor will also pay the then current non-agricultural water rental rate (currently $500/acre-foot) for interim water rentedfrom Greeley. In addition to the interim drought water supply rental, Windsor and Greeley have renegotiated three other terms of theIntergovernmental Agreement (IGA) for Treated Water Service. First, the system shrinkage will reduce from 30% to theactual calculated shrinkage Greeley incurred during the water year. This change in system shrinkage will annually savethe Town at least 10% of raw water that is required to be transferred to Greeley. Most years the shrinkage will be lessthan 20%. Windsor will not be required to pay additional System Develop Charges (SDC) for leased water in the eventGreeley treats the leased water for Windsor. Finally, Greeley is changing the calculation of Windsor's peaking factor toa rolling five year average to reduce fluctuations in Greeley's water rate model.

Financial Impact: $60,000 per year plus the then non-agricultural water rental rate per acre-foot (currently $500/acre-foot) of water rentedfor up to fifteen years. So if the Town needs 350 acre-feet in 2022, the total cost would be $60,000 plus 350 x $500 = $235,000 or $671 per acre-foot. The Town's rate model has already included this cost starting in 2022.

Relationship to Strategic Plan: Action Step 2.5.5 Sustainable Infrastructure: Secure NISP gap rental for drought protection.

Recommendation:Approve Resolution No. 2021-63 A Resolution Approving and Adopting the Second Amendment to theIntergovernmental Agreement for Treated Water Service Between the City of Greeley, Colorado and Town of Windsor,Colorado

ATTACHMENTS:

Resolution 2021-63Second Amendment to Intergovernmental Agreement for Treated Water Service between the Cityof Greeley, Colorado and the Town of Windsor, ColoradoFirst Amendment to the Windsor Greeley IGA

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TOWN OF WINDSOR

RESOLUTION NO. 2021 – 63

A RESOLUTION APPROVING AND ADOPTING THE SECOND AMENDMENT TO

INTERGOVERNMENTAL AGREEMENT FOR TREATED WATER SERVICE BETWEEN

THE CITY OF GREELEY, COLORADO AND THE TOWN OF WINDSOR, COLORADO

WHEREAS, the Town of Windsor (“Town”) is a Colorado home rule municipality with

all powers and authority vested by Colorado law; and

WHEREAS, the Town has a long history of cooperative relations with water treatment

providers, including the City of Greeley (“Greeley”); and

WHEREAS, the Town and Greeley previously entered into an Intergovernmental

Agreement for Treated Water Service dated January 4, 1996 (“1996 IGA”); and

WHEREAS, the Town and Greeley amended the 1996 IGA with the First Amendment to

Intergovernmental Agreement for Treated Water Service, in November, 2017 (“First

Amendment”); and

WHEREAS, the Town and Greeley have a continuing common interest in obtaining high-

quality treated water in sufficient quantities to meet the present and future needs of their

citizens and service areas; and

WHEREAS, the Town and Greeley have negotiated further amendments to the 1996

IGA, as amended, which are set forth in the attached Second Amendment to

Intergovernmental Agreement for Treated Water Service Between the City of Greeley,

Colorado and the Town of Windsor, Colorado, dated October 11, 2021 (“Amended

IGA”), which is incorporated herein by this reference; and

WHEREAS, the City of Greeley Water and Sewer Board has given its approval to the

Amended IGA; and

WHEREAS, the Town’s Water and Sewer Board has given its approval to the Amended

IGA; and

WHEREAS, Title 29, Article 1 of the Colorado Revised Statutes encourages and permits

local governments to cooperate in the provision of any function, service, or facility

lawfully authorized to each of the cooperating entities, including the sharing of costs, the

imposition of taxes, or the incurring of debt, so long as such cooperation is authorized by

each party thereto with the approval of its governing body; and

WHEREAS, the Town Board finds that approval of the Amended IGA promotes the

public health, safety and welfare.

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2

NOW, THEREFORE, be it resolved by the Town Board for the Town of Windsor,

Colorado, as follows:

1. The attached Second Amendment to Intergovernmental Agreement for Treated

Water Service Between the City of Greeley, Colorado and the Town of

Windsor, Colorado, dated October 11, 2021, is hereby approved and adopted.

2. The Mayor is hereby authorized to execute the attached Intergovernmental

Agreement on behalf of the Town.

3. The Town Attorney is authorized to make such modifications to the form of

the attached Intergovernmental Agreement as may be necessary to carry out

the intent of this Resolution.

Upon motion duly made, seconded and carried, the foregoing Resolution was adopted

this 11th day of October, 2021.


By:______________________________


ATTEST:

_________________________________

Karen Frawley, Town Clerk [Seal]

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SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR

TREATED WATER SERVICE

BETWEEN THE CITY OF GREELEY, COLORADO AND THE TOWN OF WINDSOR, COLORADO

This SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR TREATED

WATER SERVICE (“Second Amendment”) is entered into this ____ day of ________________ 2021, by and between THE CITY OF GREELEY, COLORADO, a home rule municipality (“Greeley”) and THE TOWN OF WINDSOR, COLORADO, a home rule municipality acting as the governing board of the Windsor Water Utilities Enterprise (“Windsor”), to set forth the terms and conditions by which Greeley will use its supply and treatment facilities to provide the treatment of potable water and provision of leased water to Windsor.

WHEREAS, pursuant to C.R.S. § 29-1-203, governments may cooperate or contract with one another to provide any function, service or facility lawfully authorized to each of the following cooperating units of government; and

WHEREAS, Greeley and Windsor previously entered into that certain Intergovernmental Agreement for Treated Water Service dated January 4, 1996 (“1996 IGA”), which was amended by that certain First Amendment to Intergovernmental Agreement for Treated Water Service, dated November 13, 2017 and attached hereto as Exhibit A (“First Amendment”); and

WHEREAS, Greeley and Windsor have a continuing common interest in obtaining high-quality treated water in sufficient quantities to meet the present and future needs of their citizens and service areas; and

WHEREAS, Greeley and Windsor are agreeable to further amending the 1996 IGA under the terms and conditions of this Second Amendment; and

WHEREAS, Greeley and Windsor desire to reduce their understandings, and the terms and conditions of this Second Amendment, to writing;

NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and in further consideration of the mutual covenants, undertakings, terms, and conditions contained herein, Greeley and Windsor agree as follows:

1. OTHER TERMS IN FULL FORCE AND EFFECT. Except as explicitly modified in this Second Amendment, all terms and conditions of the 1996 IGA, as amended by the First Amendment, remain in full force and effect.

2. AMENDMENTS. The 1996 IGA, as amended, is hereby further amended as follows.

a. Section 6 of the 1996 IGA is amended and replaced in its entirety as follows.

6. WATER RIGHTS. Windsor shall make available to Greeley for treatment water

attributable to water rights that are decreed or otherwise approved for municipal use under Colorado

DocuSign Envelope ID: 3CC5E7E7-8D08-49DF-A671-77BCD652EB16

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law and usable in the Greeley water system. Windsor shall remain responsible for all assessments due on the water rights made available to Greeley for treatment pursuant to this agreement. Windsor shall remain responsible for compliance with all requirements of local, State, or Federal law associated with the water rights made available to Greeley for treatment pursuant to this agreement, including, without limitation, for meeting the return flow obligations associated with changed water rights.

Windsor shall make such water available to Greeley in sufficient quantities to meet the potable water use projections described in Section 5 above, including sufficient quantities beyond its projections to cover the shrinkage associated with the delivery of such water. Greeley and Windsor will cooperate in the calculation and assessment of shrinkage based on agreed shrinkage factors for the sources of supply provided by Windsor and the treatment plant at which the water is treated.

b. Section 12.1 of the 1996 IGA is amended and replaced in its entirety as follows.

12.1 Each year either Windsor or Greeley or both may register and record peak daily and

peak hourly demands. Windsor's peak daily and peak hourly demand factors will either be flow-weighted averages of several master meters, or shall be derived from simultaneous readings from the several master meters, whichever method generates the highest demand factors.

To modulate variations in peaking factors from year to year, and to thereby modulate fluctuations in the cost-of-service rates, peaking factors will be calculated based upon the average of the previous five years’ actual recorded peak flows. Notwithstanding the provisions regarding Peaking Error set forth in Sections 12.2, 12.3, and 12.4, in no case will past year's or current year's water bills be adjusted for changes in the current peak demand factors. If peak daily or peak hourly demands are not registered in any given year, then the measurements used in the prior year's rate study will be assumed constant in the next rate study.

c. Section 13.1 of the 1996 IGA is amended and replaced in its entirety as follows.

13.1 Windsor shall pay to Greeley a system development charge ("SDC") when the metered

water delivered to Windsor in any year, excluding Interim Water delivered pursuant to Section 22 below, exceeds the acre-feet delivered in the base year. Payment of system development charges will create a new base year delivery. No system development charges will be due in subsequent years for metered delivery equal to or less than the new base year delivery. Payments of the system development charge will occur in twelve monthly increments following the calendar year in which the exceedance occurs. In no case shall system development charges be refunded. Windsor's current base year volume at the time this Second Amendment is executed is 651.33 acre-feet.

d. The 1996 IGA is amended by the addition of a new Section 22 as follows.

22. INTERIM WATER SUPPLY LEASE. In addition to the treated water service provided pursuant to the 1996 IGA, as amended, Greeley will also provide to Windsor an interim supplemental supply of raw water during certain times of water shortage more particularly


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described in Paragraph 22.2 below that Windsor may (but shall not be required to) itself treat and deliver to its customers (“Interim Water”), pursuant to the terms of this Section 22 (“Interim Water Supply Lease”). Though this Section 22 may expire or be terminated independent of the 1996 IGA, as amended, in its entirety, all other terms and conditions of the 1996 IGA, as amended, not explicitly superseded in this Section 22 remain applicable to the conduct of the parties under the Interim Water Supply Lease.

22.1 Term. The initial term of the Interim Water Supply Lease commences on

November 1, 2021 and expires after a period of ten (10) years. Upon the mutual agreement in writing of Greeley and Windsor, the Interim Water Supply Lease may be extended for one (1) subsequent term of five (5) years.

22.2 Amount of Interim Water and Projection Schedule. For purposes of this

Interim Water Supply Lease, a Water Year shall run from November 1 through October 31 of the following calendar year. In the event that the Board of Directors for the Northern Colorado Water Conservancy District (“Northern Water”) sets a C-BT Quota of less than sixty-five percent (65%) in any Water Year during the term of this Interim Water Supply Lease, Greeley agrees to provide up to three hundred and fifty (350) acre-feet of Interim Water to Windsor for that Water Year. In such an event, Windsor shall provide to Greeley a projection schedule within thirty (30) days after the date that Northern Water sets a C-BT Quota of less than sixty-five percent (65%), detailing the amount of Interim Water in acre-feet needed per month for the remainder of that Water Year (“Projection Schedule”). Notwithstanding the total maximum amount of three hundred and fifty (350) acre-feet of Interim Water per Water Year set forth above, Greeley shall not be obligated under any circumstances to provide more than one hundred and twenty-five (125) acre-feet of Interim Water to Windsor in any calendar month, or more than one million, five hundred thousand (1,500,000) gallons of Interim Water to Windsor on any calendar day.

22.3 Payment for Interim Water. Windsor shall pay to Greeley an annual payment

on or before March 1 of each Water Year during the term of this Interim Water Supply Lease, regardless of whether the obligation described in Paragraph 22.2 above is triggered, as consideration for making its water resources available (“Annual Payment”). The Annual Payment shall be sixty thousand dollars ($60,000.00) for Water Year 2022. Each Water Year thereafter, the Annual Payment shall increase by three percent (3%). Windsor shall also pay to Greeley the Greeley non-agricultural water rental rate in effect on the first day of then-current Water Year, as established by the Greeley Water and Sewer Board according to its Non-Agricultural Water Rental Policy, per acre-foot of Interim Water provided to Windsor during each Water Year this Interim Water Supply Lease is triggered (“Lease Payment”). Windsor shall remit Lease Payments to Greeley within thirty (30) days of receiving an invoice from Greeley, and in no event shall Windsor be entitled to a refund of either Annual Payments or Lease Payments.

22.4 Sources of Interim Water Supply. Greeley may, in its sole discretion, allocate

any of its sources of water supply that are available and decreed for municipal use to meet its


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obligations under this Interim Water Supply Lease. Windsor shall be solely responsible for all accounting and administration of the Interim Water applicable to its use in the Windsor water system, after such water is made available by Greeley. Windsor shall be solely responsible for any transit losses assessed on the Interim Water. Greeley shall remain entitled to the use of any return flows attributable to Interim Water provided to Windsor under this Interim Water Supply Lease.

22.5 Limitations on Obligation to Provide Interim Water. Greeley may curtail

deliveries of Interim Water to Windsor if Greeley imposes, in Greeley's sole discretion, mandatory city-wide water use restrictions to address drought conditions, infrastructure failure, or other catastrophic circumstance limiting the ability of Greeley to satisfy the indoor water usage needs of its citizens, so long as, and to the extent that, deliveries under this Agreement are prevented or delayed by such cause. Greeley also may curtail deliveries of Interim Water to Windsor if an accident, act of war, natural catastrophe, fire, explosion, or other cause beyond the reasonable control of Greeley prevents or delays its ability to deliver Interim Water, so long as, and to the extent that, deliveries under this Interim Water Supply Lease are prevented or delayed by such cause.

22.6 Restriction on Assignment. Windsor shall not rent, sublet, or otherwise

convey in any manner the right to use the Interim Water. Neither Greeley nor Windsor shall assign any of their rights or delegate any of their obligations under this Interim Water Supply Lease.

22.7 Default and Termination of Interim Water Supply Lease. This Interim Water

Supply Lease may expire, or be terminated in accordance with the provisions of this Section, without terminating the 1996 IGA, as amended, in its entirety. If either Greeley or Windsor fails to comply with a term or condition of this Section 22, including, without limitation, the obligation to timely make the Annual Payment, such failure constitutes a default of the Interim Water Supply Lease only. The non-defaulting party may declare the default by providing written notice to the Greeley Water Resources Operations Manager or the Windsor Community Development Director. Upon receipt of this notice of default, the defaulting party will have fifteen days within which to cure the default. If, in the sole discretion of the non-defaulting party, the default remains uncured after the aforementioned fifteen-day cure period, or after any written extension thereof mutually agreed upon by Greeley and Windsor, the non-defaulting party may declare the Interim Water Supply Lease terminated. The failure of either Greeley or Windsor to declare a default of this Section 22 does not establish a precedent nor constitute an implied waiver of any subsequent breach of the Interim Water Supply Lease. This Interim Water Supply Lease shall automatically terminate in the event either Greeley or Windsor terminates the 1996 IGA, as amended, in accordance with Section 18 above.

e. The 1996 IGA is amended by the addition of a new Section 23 as follows.

23. VESTED CONTRACTUAL RIGHTS. The contract rights created pursuant to the

1996 IGA, as amended, are intended by Greeley and Windsor to be presently vested and fully


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enforceable according to their terms. The provisions of the 1996 IGA, as amended, were negotiated as, and constitute, parts of an integrated whole, and the inability of either party to enforce any of such provisions or to consummate any of the transactions contemplated hereby due to changes in law, whether by amendment of the State or federal constitutions, the respective charters or municipal codes of either municipality, or of any other applicable statute or regulation, or by other regulatory or judicial action, would result in substantial and irreparable harm to both parties and constitute an impairment of their vested contractual rights. IN WITNESS WHEREOF, the City of Greeley and the Town of Windsor have authorized and

executed this Second Amendment to Intergovernmental Agreement for Treated Water Service on the date first written above. THE TOWN OF WINDSOR, COLORADO

ATTEST: By: ________________________________ By: ________________________________ Paul Rennemeyer, Mayor Karen Frawley, Town Clerk [Seal] THE CITY OF GREELEY, COLORADO ATTEST: By: ________________________________ By: ________________________________ John Gates, Mayor Anissa Hollingshead, City Clerk AS TO SUBSTANCE: AS TO AVAILABILITY OF FUNDS: By: ________________________________ By: ________________________________ Raymond Lee, Acting City Manager John Karner, Director of Finance AS TO LEGAL FORM: By: ________________________________ Doug Marek, City Attorney


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DocuSign Envelope ID: 896C9F35-F2E4-4A16-9871-EC9DOCA4DD19

Windsor, in their sole respective discretions, to be a one-time event that is not anticipated to occur again in the future.

1.9 "Peaking Error Fee" means a one-time fee assessed to Windsor by Greeley in the event that an agreed upon Peaking Error occurs, in lieu of utilizing the increased measured peaking factor attributable to a Peaking Error in the calculation of rates under this agreement.

b. Section 12 of the 1996 IGA is amended in its entirety as follows.

12. PEAK DEMAND MEASUREMENT AND DETERMINATION.

12.1 Each year either Windsor or Greeley or both may register and record peak daily demands. Windsor's peak daily demand factor will either be a flow-weighted average of several master meters, or it shall be derived from simultaneous readings from the several master meters, whichever method generates the highest demand factor. Peak hourly demand factors will be determined by dividing the peak daily demand reading by 24 (hours in the day), and then dividing that result by the average hourly demand for that calendar year.

Peak Hourly Demand Factor Calculation: Peak Daily Demand/ 24 /Average Annual Hourly Demand

To modulate variations in peaking factors from year to year, and to thereby modulate fluctuations in the cost-of-service rates, peaking factors will be calculated based upon the average of the previous two years actual recorded peak flows. Notwithstanding the provisions regarding Peaking Error below, in no case will past year's or current year's water bills be adjusted for changes in the current peak demand factors. If peak daily demands are not registered in any given year, then the measurements used in the prior year's rate study will be assumed constant in the next rate study.

12.2 Unanticipated Operational Peaking. If Windsor experiences an operational incident that causes its measured peaking factor to increase, it may request from Greeley that such increased measured peaking factor be deemed an error, and that the increased factor not be included in the forthcoming rate calculation. If Greeley agrees that the incident was a one-time event that is not anticipated to occur again in the future, the increased peaking measurement may be termed a Peaking Error. Mutual agreement by Windsor and Greeley that the increased factor constitutes a Peaking Error shall result in the assessment to Windsor of a Peaking Error Fee, as described below, and the increased factor shall not be included in the forthcoming rate calculation. If a Peaking Error occurs, the peaking factor used in the rate calculation shall be from the last two years, as described above, without the Peaking Error.

12.3 Peakin2 Error Fee. Upon mutual agreement by Windsor and Greeley that a Peaking Error has occurred, Windsor shall remit to Greeley a Peaking Error Fee and Greeley shall not utilize the increased peaking factor in the calculation of Windsor's rate. The Peaking Error Fee assessed to Windsor shall be in an amount equal to 20% of the total annual revenue

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paid by Windsor to Greeley pursuant to this agreement during the calendar year in which the Peaking Error occurred.

12.4 Water usage pursuant to an agreed upon Peaking Error shall not result in an increase in System Development Charges, nor an increase to the base rate as calculated pursuant to Section 8 of this agreement.

c. Section 13 of the 1996 IGA is amended in its entirety as follows.

13. SYSTEM DEVELOPMENT CHARGES.

13.1 Windsor shall pay to Greeley a system development charge ("SDC") when

the metered water delivered to Windsor in any year exceeds the acre-feet delivered in the base year. Payment of system development charges will create a new base year delivery. No system development charges will be due in subsequent years for metered delivery equal to or less than the new base year delivery. Payments of the system development charge will occur in twelve

monthly increments following the calendar year in which the exceedance occurs. In no case shall system development charges be refunded. Windsor's current base year volume at the time this First Amendment is executed is 651.33 acre-feet.

13.2 The SDC due shall be a percentage of the then current Inside the City Greeley 3/4-inch tap plant investment fee (expressed in $/acre-feet), to be multiplied by Windsor's consumption in acre-feet of water metered in excess of the base year delivery. The SDC percentage is calculated as follows: The typical Windsor single-family customer benefits from 75% of Greeley Water System. To express Greeley's plant investment fee in terms of $/acre-feet, the average annual inside-the-City residential demand, as used in the annual update of the Greeley rate model, is divided into the plant investment fee.

13.3 THE FOLLOWING CALCULATION UTILIZES 2016 DATA TO DERIVE EXAMPLE FIGURES FOR THE SOLE PURPOSE OF DEMONSTRATING THE SDC METHODOLOGY. ANY ACTUAL SDC BORNE BY WINDSOR WILL VARY ANNUALLY, IN ACCORDANCE WITH THE METHODOLOGY DESCRIBED IN THIS SECTION 13.

Example Conversion and Calculation of SDC Rate

Average Annual Demand: 135,000 gallons (0.414 acre-feet per 3/4-inch tap) Current Inside the City Greeley PIF: $10,800

Conversion of Greeley PIF: ($10,800) / (0.414 AF/year) = $26,087 per AF/year

Windsor SDC: (75%) * ($26,087 per AF/year) = $19,565 per AF/year

Example Base Year and SDC Calculation

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Windsor Base Year Volume: 651.33 acre-feet Windsor Actual Metered Flow: 660 acre-feet (8.67 AF in excess of Base Year Volume)

Calculation of Total SDC Due: (660-651.33) * ($19,565) = $169,628.55

Windsor's Base Year Volume would then increase to become 660 AF.

d. Section 16 of the 1996 IGA is amended in its entirety as follows.

16. INTEGRATION, MERGER, AND SUPERSESSION. This First Amendment incorporates and renews the terms and conditions of the 1996 IGA not explicitly modified herein, and supersedes all terms and conditions of any other agreements regarding water supply previously existing between Greeley and Windsor. This First Amendment contains all agreements and understandings, whether written or oral, between Greeley and Windsor regarding the subject matter herein.

c. Section 17 of the 1996 IGA is amended in its entirety as follows.

17. TERM. In the interest of reliability and security, this First Amendment shall be for an initial term of twenty-five years from the date of execution set forth above. At the expiration of thk initial term, this agreement shall automatically renew for successive ten-year terms, unless terminated in accordance with Section 18 below.

f. Section 18 of the 1996 IGA is amended in its entirety as follows.

18. DEFAULT AND TERMINATION. In the event either party fails to meet the terms and conditions of this agreement, such failure shall constitute a default of this agreement and the non-defaulting party may immediately terminate this agreement, the effective day of termination being thirty days after the receipt of written notice of default by the defaulting party. Notice shall be given either to the Windsor Town Manager or the Greeley City Manager. Either party may cure the default during the aforesaid 30-day cure period. Upon cure of any default, this agreement shall remain in full force and effect. Nothing herein shall limit either party from collecting damages and amounts due from the other party upon termination of this agreement by default. Notwithstanding the above, this agreement may otherwise be terminated at will by either Greeley or Windsor by giving an advance written notice to the other party of no less than ten (10) years. Nothing herein shall preclude the parties from negotiating modifications of this agreement during the ten-year notification of termination window, in which case an amended agreement may modify or supplant this agreement.

IN WITNESS WHEREOF, the City of Greeley and the Town of Windsor have authorized and executed this First Amendment to Intergovernmental Agreement for Treated Water Service on the date first written above.

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THE CITY OF GREELEY, COLORADO

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AS TO LEGAL FORM: AS TO AVAILABILITY OF FUNDS:

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MEMORANDUMDate: October 11, 2021To: Mayor and Town BoardVia: Shane Hale, Town ManagerFrom: Carlin Malone, Chief Planner / Kim Emil, Assistant Town AttorneyRe: An Ordinance Approving the Larimer County Road 1-Kyger Annexation to the Town of WindsorItem #: C.4.

Background / Discussion: The applicant, the Town of Windsor, has submitted a petition to annex approximately 3.479 acres to the Town ofWindsor and establishing the zoning district designation of Recreation and Open Lands (ROL). The subject property islocated between State Highway (SH) 392 and Jacoby Road, east of Kyger Reservoir. The Town of Windsor annexed the Kyger property that borders State Highway 392 and Colorado Boulevard, otherwiseknown as Larimer County Road 1 ("LCR1")/ Weld County Road 13 ("WCR 13"). The roadway/right-of-way is thesubject of this annexation. The Town of Windsor owns the west half of the roadway (LCR 1), which is currently withinunincorporated Larimer County. The east half of the roadway (WCR 13) is within unincorporated Weld County. WeldCounty also has filed a Petition to Annex the east half of the roadway (WCR 13) to the Town and the Town Boardaccepted the petition for both annexations on May 10, 2021. This is Part 1 of a "serial annexation" where the Town is annexing the west half of the county line road that borders theKyger property between Highway 392 and Jacoby Road, which is currently unincorporated Larimer County. Part 2 ofthe “serial annexation” is the east half of the county line road, situated in unincorporated Weld County. Once bothannexations occur, the entire county line road from Highway 392 to Jacoby Road, bordering the Kyger property will be inthe Town of Windsor Corporate Limits. CRS 31-12-105(f) states that if a jurisdiction is annexing a portion of a street or alley, the entire width of the roadwaymust be annexed. Thus, the two annexations must proceed in the order presented, to meet the contiguity requirementsin CRS 31-12-104 (1)(a), which allows the annexations to be completed simultaneously and considered together for thepurposes of the public hearing requirements in sections 31-12-108 and 31-12-109. At their May 10, 2021, regular meeting, Town Board accepted the petition for annexation, initiating annexationproceedings by adopting Resolution No. 2021-25 that declared certain findings of fact concerning the annexation,determining substantial compliance with Colorado Municipal Annexation Act (1965). At their July 26, 2021, regularmeeting, the Town Board adopted Resolution No. 2021-45, establishing public hearing dates before the PlanningCommission and the Town Board. At their August 9, 2021, regular meeting, the Town Board adopted Resolution No.2021-48, which corrected the Planning Commission hearing date. The Planning Commission held a public hearing onthe annexation on September 15, 2021, and forwarded to the Town Board a recommendation of approval. The Town Board approved the first reading of Ordinance 2021-1632 on September 27, 2021. There have been nochanges to the ordinance between first reading and second reading. Relationship to Comprehensive PlanThe application is consistent with the Comprehensive Plan, particularly the following: Chapter 7- Community Facilities and InfrastructureGoal:Maintain and enhance Windsor as a safe and heathy community that is served by quality facilities and infrastructurethat support a high quality of life. Staff comment: Annexation of LCR 1 in the area has been anticipated, as the property is owned by the Town of

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Windsor, serves as an access point to a Town of Windsor natural area and trail (Kyger Reservoir and Kyger Trail), andprovides a logical extension of Colorado Boulevard. The Town has also planned for improving this segment of roadway. The Land Use Plan of the 2016 Comprehensive Plan designates this property as Recreation and Open Lands,consistent with the proposed zoning. Zoning and uses for abutting properties include the following: Zoning Current UseNorth RR2 - Rural Residential

(Larimer County)Undeveloped agricultural land

East Agriculture (Weld County) Undeveloped agricultural landSouth Recreation and Open Lands

(ROL)Recreational/open space (Windsor)

West Recreation and Open Lands(ROL)

Kyger Reservoir, trail, natural areaparking lot

Financial Impact: The Town has planned on annexing this roadway for making future improvements to the Colorado Boulevard alignment.

Relationship to Strategic Plan: Sustainable Infrastructure Goals:

Design and implement a well-connected, efficient, multi-modal transportation networkEstablish pedestrian and bicycle connectivity throughout WindsorAdequately maintain and ensure that infrastructure (streets, trails, water & sewer) aligns with growth

NotificationThe following notifications were completed in accordance with the Municipal Code as follows:

Legal ad ran for four consecutive weeks in newspaper:August 20, 2021 – first week legal adAugust 27, 2021 – second week legal adSeptember 3, 2021 - third week legal adSeptember 10, 2021 – fourth week legal ad

August 16, 2021 – annexation sign posted on propertyAugust 16, 2021 – public hearing notice published to Town websiteAugust 16, 2021 – applicant mailed letters to surrounding property ownersAugust 16, 2021 – staff mailed Certified Packets to relevant taxing districts

Recommendation:At their meeting of September 15, 2021, the Planning Commission forwarded to Town Board a recommendation ofapproval of the annexation and zoning designation, subject to any outstanding Planning Commission and staffcomments being addressed.

CC:Shane Hale, Town ManagerKim Emil, Assistant Town AttorneyOmar Herrera, Deputy Director of Engineering

ATTACHMENTS:

Ordinance 2021-1632

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MEMORANDUMDate: October 11, 2021To: Mayor and Town BoardVia: Shane Hale, Town ManagerFrom: Carlin Malone, Chief Planner / Kim Emil, Assistant Town AttorneyRe: An Ordinance Approving the Weld County Road 13-Kyger Annexation to the Town of WindsorItem #: C.5.

Background / Discussion: The applicant, Weld County, has submitted a petition to annex approximately 1.71 acres to the Town of Windsor andestablishing the zoning district designation of Recreation and Open Lands (ROL). The subject property is locatedbetween State Highway (SH) 392 and Jacoby Road, east of Kyger Reservoir. The Town of Windsor annexed the Kyger property that borders State Highway 392 and Colorado Boulevard, otherwiseknown as Larimer County Road 1 ("LCR1")/ Weld County Road 13 ("WCR 13"). The roadway/right-of-way is thesubject of this annexation. The Town of Windsor owns the west half of the roadway (LCR 1), which is currently withinunincorporated Larimer County. Weld County owns the east half of the roadway (WCR 13), which is currently withinunincorporated Weld County. This is Part 2 of a "serial annexation" for the roadway. Once both annexations occur, the entire county line road fromHighway 392 to Jacoby Road, bordering the Kyger property will be in the Town of Windsor Corporate Limits. CRS 31-12-105(f) states that if a jurisdiction is annexing a portion of a street or alley, the entire width of the roadwaymust be annexed. Thus, the two annexations must proceed in the order presented, to meet the contiguity requirementsin CRS 31-12-104 (1)(a), which allows the annexations to be completed simultaneously and considered together for thepurposes of the public hearing requirements in sections 31-12-108 and 31-12-109. At their May 10, 2021, regular meeting, Town Board accepted the petition for annexation, initiating annexationproceedings by adopting Resolution No. 2021-26 that declared certain findings of fact concerning the annexation,determining substantial compliance with Colorado Municipal Annexation Act (1965). At their July 26, 2021, regularmeeting, the Town Board adopted Resolution No. 2021-44, establishing public hearing dates before the PlanningCommission and the Town Board. At their August 9, 2021, regular meeting, the Town Board adopted Resolution No.2021-47, which corrected the Planning Commission hearing date. The Planning Commission held a public hearing onthe annexation on September 15, 2021, and forwarded to the Town Board a recommendation of approval. The Town Board approved the first reading of Ordinance 2021-1633 on September 27, 2021. There have been nochanges to the ordinance between first reading and second reading. Relationship to Comprehensive PlanThe application is consistent with the Comprehensive Plan, particularly the following: Chapter 7- Community Facilities and InfrastructureGoal:Maintain and enhance Windsor as a safe and heathy community that is served by quality facilities and infrastructurethat support a high quality of life. Staff comment: Annexation of WCR 13 in the area has been anticipated, as the roadway serves as an access point tothe Kyger Reservoir and provides a logical extension of Colorado Boulevard. The Town has also planned for improvingthis segment of roadway. The Land Use Plan of the 2016 Comprehensive Plan designates this property as Recreation and Open Lands,

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consistent with the proposed zoning. Zoning and uses for abutting properties include the following: Zoning Current UseNorth RR2 - Rural Residential

(Larimer County)Undeveloped agricultural land

East Agriculture (Weld County) Undeveloped agricultural landSouth Recreation and Open Lands

(ROL) and Agriculture (WeldCounty)

Recreational/open space (Windsor)and gravel mining (Weld County)

West Recreation and Open Lands(ROL)

Kyger Reservoir, trail, natural areaparking lot

As part of this annexation, Weld County is requiring that Weld County and the Town will enter into an annexationagreement.

Financial Impact: The Town has planned on annexing this roadway for making future improvements to the Colorado Boulevard alignment.

Relationship to Strategic Plan: Sustainable Infrastructure Goals:

Design and implement a well-connected, efficient, multi-modal transportation networkEstablish pedestrian and bicycle connectivity throughout WindsorAdequately maintain and ensure that infrastructure (streets, trails, water & sewer) aligns with growth

NotificationThe following notifications were completed in accordance with the Municipal Code as follows:

Legal ad ran for four consecutive weeks in newspaper:August 20, 2021 – first week legal adAugust 27, 2021 – second week legal adSeptember 3, 2021 - third week legal adSeptember 10, 2021 – fourth week legal ad

August 16, 2021 – annexation sign posted on propertyAugust 16, 2021 – public hearing notice published to Town websiteAugust 16, 2021 – staff mailed letters to surrounding property ownersAugust 16, 2021 – staff mailed Certified Packets to relevant taxing districts

Recommendation:At their meeting of September 15, 2021, the Planning Commission forwarded to Town Board a recommendation ofapproval of the annexation and zoning designation, subject to any outstanding Planning Commission and staffcomments being addressed.

CC:Shane Hale, Town ManagerKim Emil, Assistant Town AttorneyOmar Herrera, Deputy Director of Engineering

ATTACHMENTS:

Ordinance 2021-1633

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MEMORANDUMDate: October 11, 2021To: Mayor and Town BoardVia: Shane Hale, Town ManagerFrom:Re:Item #: 2.a.

ATTACHMENTS:

Financial Report August 2021

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TOWN OF WINDSOR MONTHLY FINANCIAL REPORT – AUGUST, 2021

0

TOWN OF WINDSOR MONTHLY FINANCIAL REPORT

Monthly Summary of Tax Collections, Revenue & Expenditure Trends, Variance to Budget, and Status of Major Capital Projects.

August, 2021

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1

EXECUTIVE SUMMARY

Sales Tax collections for August were $1,768,470 which was $472,420 or 36.4% greater than received in August, 2020. Year-to-Date, 2021 collections are exceeding 2020 collections by $2,439,404 or 21.2%. Sales Tax collections to date of $13,369,562 equal 85.3% of the 2021 budget projection.

Construction Use Tax collections in August were $495,695. Year-to-date collections of $6,743,048 are exceeding 2020 collections by $3,316306, in line with the increased issuance of single-family permits (790 through August).

Property Tax collections through August were $9,516,804 or 106.3% of the 2021 budget. A portion ($644,196) of these collections represent overdue receipts from 2020.

Revenue collections through August are outpacing expenditures by $35.7M.

MAJOR TAX COLLECTIONS

COMBINED FUND REVENUES & EXPENSES

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2

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3

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4

SALES TAX COLLECTIONS THROUGH AUGUST

Note: Due to the migration of sales tax reporting from Springbrook to MUNIRevs in 2020, the number of category codes has increased to mirror State of Colorado category reporting. Thus, category comparisons to the prior year may not be accurate and are not displayed.

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5

Construction Use Tax collections in August, were $133,829 higher than collected in August, 2020. Through August, collections are exceeding the 2021 budget by $3,316,306. There were 790 Single Family permits issued through August.

YEAR-TO-DATE REVENUES & EXPENDITURES BY FUND

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6

BUDGETARY PERFORMANCE

Through August, 43.1% of the 2021 budget has been expensed. Operational spending at 57.8% is lagging the 66.7% benchmark due mainly to salary savings, certain debt service payments not occurring until the end of the year and trailing contractor & utility billings. Capital spending at 27.8% is also lagging the benchmark but the pace of billings is noticeably increasing as road improvement projects near completion and construction resumes at the Waste Water Treatment Plant. Please refer to pages 9 & 10 for the current status of the individual projects in the CIP.

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7

Specifically, by category, the performance of each of the funds is as follows:

REVENUES BY FUND 2021 BUDGET YTD RECEIPTS VARIANCE TO

BUDGET General Fund 25,248,823$ 27,207,384$ (1,958,561)$ Park Improvement Fund 3,048,667$ 3,758,487$ (709,820)$ Conservation Trust Fund 387,594$ 366,823$ 20,772$ Capital Improvement Fund 14,538,996$ 15,324,858$ (785,862)$ Community Recreation Center 1,354,625$ 1,174,645$ 179,980$ Water Fund 10,964,085$ 10,390,196$ 573,889$ Sewer Fund 4,357,057$ 4,612,860$ (255,803)$ Storm Drainage Fund 2,243,005$ 1,628,822$ 614,183$ Fleet Management 1,416,488$ 899,659$ 516,829$ Information Technology 2,716,365$ 1,940,187$ 776,178$ Windsor Building Authority 150,729$ 97,187$ 53,542$ Facility Services 752,960$ 501,987$ 250,973$ Economic Development Incentive 200,000$ 166,500$ 33,500$ CRC Expansion 5,725,330$ 4,810,185$ 915,145$ TOTAL REVENUES 73,104,724$ 72,879,779$ 224,945$

PERSONNEL EXPENSES BY FUND 2021 BUDGET YTD EXPENSES VARIANCE TO

BUDGET General Fund 15,351,537$ 9,407,731$ 5,943,807$ Community Recreation Center 631,536$ 307,189$ 324,347$ Water Fund 590,422$ 260,553$ 329,869$ Sewer Fund 563,597$ 336,736$ 226,861$ Storm Drainage Fund 133,300$ 63,999$ 69,301$ Fleet Management 304,817$ 189,744$ 115,073$ Information Technology 870,668$ 509,525$ 361,143$ Facility Services 449,746$ 240,460$ 209,286$ CRC Expansion 1,390,764$ 838,695$ 552,069$ TOTAL PERSONNEL EXPENSES 20,286,387$ 12,154,632$ 8,131,755$

OPERATING EXPENSES BY FUND 2021 BUDGET YTD EXPENSES VARIANCE TO

BUDGET General Fund 5,506,614$ 2,743,145$ 2,763,469$ Conservation Trust Fund 20,000$ 56,803$ (36,803)$ Capital Improvement Fund 4,119,664$ 2,461,951$ 1,657,713$ Community Recreation Center 309,001$ 137,175$ 171,826$ Water Fund 4,272,299$ 2,432,147$ 1,840,152$ Sewer Fund 1,049,370$ 468,746$ 580,624$ Storm Drainage Fund 219,563$ 147,729$ 71,834$ Fleet Management 323,729$ 268,066$ 55,663$ Information Technology 1,545,498$ 776,348$ 769,150$ Facility Services 303,405$ 178,906$ 124,499$ Economic Development -$ 141,474$ (141,474)$ CRC Expansion 690,837$ 447,565$ 243,272$ TOTAL OPERATING EXPENSES 18,359,980$ 10,260,054$ 8,099,926$

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8

BUDGET PERFORMANCE BY DIVISION

Note: Includes transfers, contributions and debt service.

DIVISION 2021 BUDGET YTD BUDGET2021 YTD EXPENSES

% OF BUDGET

Aquatics/Swimming Pool 361,277$ 240,851$ 217,282$ 60.14%Art & Heritage 466,681$ 311,121$ 270,537$ 57.97%Cemetery 138,394$ 92,263$ 70,323$ 50.81%Communications 592,319$ 394,879$ 356,335$ 60.16%Community Events 247,934$ 165,289$ 170,563$ 68.79%CRC Expansion 3,841,792$ 2,561,195$ 1,736,691$ 45.21%Custodial Services 204,895$ 136,597$ 102,176$ 49.87%Economic Development 588,519$ 392,346$ 504,115$ 85.66%Economic Development Incentive 200,000$ 133,333$ 210,083$ 105.04%Engineering 1,474,493$ 982,995$ 961,689$ 65.22%Facility Maintenance 568,256$ 378,837$ 330,722$ 58.20%Finance 1,416,446$ 944,297$ 988,311$ 69.77%Fleet Management 697,488$ 464,992$ 526,752$ 75.52%Forestry 440,477$ 293,651$ 261,290$ 59.32%Human Resources 704,355$ 469,570$ 394,203$ 55.97%Information Technology 2,416,166$ 1,610,777$ 1,285,873$ 53.22%Legal Services 648,337$ 432,225$ 399,464$ 61.61%Mayor & Board 1,949,648$ 1,299,765$ 441,794$ 22.66%Municipal Court 23,490$ 15,660$ 13,435$ 57.19%Non-Pot System 997,553$ 665,035$ 731,547$ 73.33%O&M 1,683,724$ 1,122,483$ 695,172$ 41.29%Open Space & Trails 348,707$ 232,471$ 177,156$ 50.80%Parks 1,978,519$ 1,319,013$ 814,336$ 41.16%Planning 1,184,246$ 789,497$ 890,958$ 75.23%Police 7,996,765$ 5,331,177$ 5,038,857$ 63.01%Public Works 764,286$ 509,524$ 550,688$ 72.05%Recreation 1,780,279$ 1,186,853$ 919,610$ 51.66%Recycling 55,000$ 36,667$ 20,710$ 37.65%Safety/Loss Control 137,330$ 91,553$ 98,558$ 71.77%Sewer Plant 1,502,379$ 1,001,586$ 841,948$ 56.04%Sewer System 947,305$ 631,537$ 593,740$ 62.68%Storm Drainage 394,618$ 263,079$ 239,564$ 60.71%Streets & Alleys 5,237,897$ 3,491,931$ 3,470,735$ 66.26%Town Clerk 936,742$ 624,495$ 617,512$ 65.92%Town Hall Building 288,323$ 192,215$ 202,612$ 70.27%Town Manager 394,028$ 262,685$ 256,144$ 65.01%Water System 5,571,435$ 3,714,290$ 3,198,157$ 57.40%Windsor Building Authority 145,080$ 96,720$ 96,735$ 66.68%

TOTAL OPERATING EXPENDITURES 49,325,183$ 32,883,455$ 28,696,375$ 58.18%

DIVISION OPERATING EXPENSES THRU AUGUST

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9

STATUS OF MAJOR CAPITAL PROJECTS

CIP ID # PROGRAM / AREA DEPARTMENT BUDGET % COMPLETE

1.1 Riverwalk and South Side Master Plan - Phase II Parks & Recreation $3,700,000 10%1.2 Street Maintenance Program Engineering $2,814,000 88%1.3 SH 392 Widening at LCR 5 Engineering $2,500,000 99%1.4 SH 257/Eastman Park Dr Intersection Improvements Engineering $2,278,000 38%1.5 New Liberty Road Widening Engineering $1,670,000 58%1.6 7th Street Multimodal Corridor Improvements Planning $1,545,000 80%

1.11 Town Hall Remodel & Security Upgrades Public Works $1,050,000 67%1.7 Highway Bypass Reserve Mayor & Town Board $1,000,000 100%1.8 New Liberty Rd. Drainage Improvements Design Engineering $900,000 38%1.9 CR13 & SH392 Left-Turn Treatment Engineering $875,000 95%

1.10 Street Oversizing LCR5 North of SH 392 Engineering $750,000 70%1.12 Windsor Trail System - Poudre Bridge (LCOS) Parks & Recreation $678,063 20%1.13 Water Line Replacement Engineering $585,000 55%1.14 Traffic Signal - Crossroads Blvd. & New Liberty Engineering $575,000 80%1.15 Replacement Vehicles & Equipment Public Works $549,942 67%1.16 Windsor Trail System - Colorado Blvd. Trail (LCOS) Parks & Recreation $365,875 66%1.17 7th Street Pedestrian Bridge (50%) Engineering $337,500 31%1.19 Poudre Ponds Park Spillway (10th St). Drainage Improvements Engineering $300,000 8%1.18 Windsor Village Playground Replacement Parks & Recreation $300,000 60%1.20 Kyger Lake - Rip Rap Design & Construction Public Works $295,000 14%1.21 CRC Facility Upgrades Parks & Recreation $286,000 90%1.22 Poudre Trail System - # 2 Ditch Construction, Bank Design & Repair Public Works $270,000 0%1.23 GWIP 10th Filing Sewer and Road Oversizing (Intersand) Engineering $220,000 87%1.24 SH 392 Widening - 17th Street to Colorado Blvd Engineering $210,000 60%1.25 Remove/Replace 10th Street Drainage Pan/Inlets in Pine Drive Engineering $181,200 13%1.26 Railroad Crossing Improvements Public Works $180,000 60%1.27 Additional Vehicles & Equipment Public Works $171,000 83%1.28 Open Space Kodak Archery Range Public Works $130,000 19%1.29 CP Main Park - Infrastructure Upgrades & Restroom Design Parks & Recreation $125,000 53%1.30 NP - Harmony Ridge & Jacoby Farm Parks & Recreation $110,000 0%1.34 Chestnut Street Drainage Improvements Engineering $100,000 78%1.33 Pedestrian Crossing Treatments Engineering $100,000 0%1.31 Windsor Trail at High Hops Parks & Recreation $100,000 85%1.32 SH 392 Bypass Study Planning $100,000 23%1.35 Right Turn Lane at corner of SH392/SH257 Engineering $82,500 99%1.36 Non-Potable Water Audit Public Works $80,000 0%1.37 Sewerline Rehab Public Works $78,130 100%1.38 CP Eastman Park - Sewage Grinder Pump Parks & Recreation $70,000 100%1.39 Town of Windsor Museum - Eaton House Parks & Recreation $60,000 20%1.41 Water Line Oversizing - Raindance Engineering $50,000 40%1.40 CP Chimney Park - Pool Assessment Parks & Recreation $50,000 5%1.42 CP Boarwalk Park - Capacity & Security Study Parks & Recreation $40,000 75%1.43 Manhole Rehab Public Works $40,000 100%1.44 PS Generator Transfer Switches Public Works $39,088 100%1.45 Open Space Kyger - Fishing Pier Public Works $25,000 75%1.46 Kern Splitter Box Repair - Water Regulation Public Works $25,000 76%1.47 Headwall Repair (15th St & Harmony) Engineering $17,500 5%1.48 Acquisition of Hydraulic Pump Public Works $14,500 100%1.49 Two Inch Wash Bay Water line Public Works $9,617 40%

2021 CAPITAL IMPROVEMENT PLAN EXPENDITURESPROJECTS BY CATEGORY

FOCUS AREA 1 - SUSTAINABLE INFRASTRUCTURE

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CIP ID # PROGRAM / AREA DEPARTMENT BUDGET % COMPLETE

2.1 Street Lighting Public Works $1,600,000 65%2.2 Walnut Street Bikeway Improvements Planning $555,000 80%2.4 Entry Signage to Promote Community Events Admin Services $100,000 0%2.3 Cemetery Restoration / Improvements Parks & Recreation $100,000 40%2.5 All Weather Stations for Snow Removal Public Works $40,620 100%2.6 Traffic Monitoring Cameras Public Works $31,172 100%2.7 5th Street Multimodal Improvements Engineering $5,000 85%

3.1 Sewer Plant Modifications Public Works $6,500,000 24%3.2 Stromberger Farm Purchase Engineering $3,950,000 0%3.3 Northern Integrated Supply Project (NISP) Engineering $1,204,500 100%3.4 Water System - South Pressure Zone Upgrades Engineering $304,800 0%3.5 Sewer Interceptor - North Extension Easements Engineering $153,300 48%3.6 Network Redundancy Information Technology $100,000 67%3.7 Windsor Water Model & Master Plan Update Engineering $75,000 65%3.8 Point to Point Wireless Information Technology $60,000 100%3.9 IT Security Tools Information Technology $50,000 0%

3.10 Business Analytics SW Information Technology $50,000 0%3.11 GPS Locator Information Technology $30,000 100%3.12 Law Basin Master Plan Channel - Access Engineering $12,300 100%3.13 Security Access Control at Town Hall Information Technology $10,000 0%

1.50 Eastman Park Corridor Study Planning $0 60%1.51 Automation Controls Upgrade Public Works $0 100%1.52 Street Oversizing LCR5 at Fossil Creek Ranch Engineering $0 75%1.53 Phase 1 of Riverwalk and South Side Master Plan Parks & Recreation $0 93%1.54 Regional Bus Stop Installation Planning $0 30%1.55 Downtown Parking Study Planning $0 65%1.56 Street Oversizing - Greenspire Engineering $0 75%

Street Oversizing LCR5 @ Ptarmigan 4th Engineering $0 99%

2020 CARRYOVER PROJECTS

FOCUS AREA 2 - VIBRANT AND HEALTHY ECONOMY

FOCUS AREA 3 - STRATEGIC GROWTH

2021 CAPITAL IMPROVEMENT PLAN EXPENDITURESPROJECTS BY CATEGORY (Continued)

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MEMORANDUMDate: October 11, 2021To: Mayor and Town BoardVia: Shane Hale, Town ManagerFrom: Shane HaleRe: Monthly Board Report - Focus Area UpdatesItem #: 3.a.

Background / Discussion: FOCUS AREA UPDATES1. Strategic Growth The Facility Master Plan is complete. The most immediate project is addressing a new Police Department. Staff hasrequested $2.5M in the 2022 budget to do the design. 2. Sustainable InfrastructureGreeley water staff presented and received approval from both the Water and Sewer Board and City Council for anamendment to the Windsor Greeley IGA for Treated Water Service that will supply 350 AF of water to Windsor ifNorthern Water allocates a quote of less than 65%. This agreement states that Windsor will pay each year $60,000 plusthe then-current non-agricultural water rental rate (currently is $500 per acre-foot). Staff will bring the agreement to theTown Board for discussion and approval on October 11th. Multiple capital projects designed to maintain and improve existing infrastructure are underway or nearly completedthroughout Town. They include but are not limited to streets, sewer (manholes), water lines, and trail projects. Staffcontinues to work with our consultant to discuss our water system and hydraulic model. We have made staffingrecommendations in the 2022 budget that, if approved, will significantly enhance our ability to maintain infrastructuremanaged by the Public Works Department.3. Vibrant and Healthy EconomyTown staff continues to explore opportunities for tourism funding for the Chamber. Preliminary discussions ofopportunities for some funding through the American Rescue Act Plan (ARPA) funds have begun. The Future LegendsSports Park is moving forward and should be on track for opening in May/June 2022. Staff continues to refer potentialvenues and opportunities to the park. Staff is working with the DDA and Chamber for more possible events to bringvisitors into the Downtown area. The Chamber is also reviewing the possibility of a newly released EconomicDevelopment Administration Tourism grant.

ATTACHMENTS:

Monthly Board Report

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Monthly Board Report

2020 - 2025 Town Strategic Plan

Report Created On: Sep 29, 2021

Page 1

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3Focus Area

19Goal

69Action Step

%

On Track 78.26

Some Disruption 4.35

Major Disruption 1.45

Upcoming 1.45

Completed 14.49

Status

Overall Summary

0 100Progress

49%

Page 2

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% #

On Track 80.0 12

Major Disruption 6.67 1

Completed 13.33 2Status

Focus Area 1

Strategic Growth

% #

On Track 88.57 31

Upcoming 2.86 1


Focus Area 2

Sustainable Infrastructure

% #

On Track 57.89 11

Some Disruption 15.79 3


Focus Area 3

Vibrant and Healthy Economy

Plan Summary

Page 3

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Focus Area 1 Progress 46%

Strategic Growth % #

On Track 80.0 12


Completed 13.33 2

Goal 1.1 Progress 46%

Assess organizational readiness to ensure a proactive emergency response. % #

On Track 100.0 3


Establish community separators and preserve open space that ensure Windsor maintains its identity and

quality of life.

% #

On Track 87.5 7


Action Step 1.1.1

Evaluate and re-develop emergency plans based on lessons learned through COVID-19 pandemic process and the 2008 tornado.

Action Step 1.1.2

Annually conduct tabletop exercises with county emergency managers and Windsor leadership team.

Action Step 1.1.3

Assess capabilities/facilities for EOC readiness. Consider retrofitting existing building or entering into an IGA with another local government.

Action Step 1.2.1

Identify and prioritize open space preservation properties to determine what opportunities are available.

Cloned as Action Step 3.2.5 (PRC Strategic Plan 2020-2025)

Action Step 1.2.2

Acquire management of Frank State Wildlife Area


Ongoing - Dec 31, 2021 On Track Progress 8%


Jan 01, 2021 - Dec 31, 2021 On Track Progress 58%


Jan 01, 2021 - Dec 31, 2021 Major Disruption Progress 0%

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Facilitate discussions around growth impacts with special districts and other government agencies,

governing boards and elected officials.

% #

On Track 50.0 1

Completed 50.0 1

Action Step 1.2.3

Develop IGA's with neighboring communities with focus on open space.


Action Step 1.2.4

Create access to existing open space sites: Kyger Reservoir/Kodak Watchable Wildlife/Frank State Wildlife as Open Space

Action Step 1.2.5

Develop a philosophy on community separators and open space designation.


Action Step 1.2.6

Identify ways to purchase and acquire land.


Action Step 1.2.7

Establish community identity through primary Windsor entry points.

Action Step 1.2.8

Review the Comprehensive Plan to ensure growth maps reflects community goals.


Action Step 1.3.1

Partner with surrounding municipalities and annually update special districts on growth impacts, plans and progress.







Nov 02, 2020 - Dec 31, 2021 On Track Progress 50%

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Assess and address long term capital facilities needs. % #

On Track 50.0 1

Completed 50.0 1

Action Step 1.3.2

Annually review to ensure impact fees cover growth impacts for all service providers.

Action Step 1.4.1

Develop a Facilities Master Plan that prioritizes future needs.

Action Step 1.4.2

Address and enhance security at Town Hall.

Ongoing - Dec 31, 2021 Completed Progress 100%

Jun 01, 2020 - Dec 31, 2021 Completed Progress 100%

Nov 02, 2020 - Dec 31, 2021 On Track Progress 50%

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Sustainable Infrastructure % #

On Track 88.57 31

Upcoming 2.86 1

Completed 8.57 3


Design and implement a well-connected, efficient, multi-modal transportation network. % #

On Track 66.67 4

Upcoming 16.67 1

Completed 16.67 1

Action Step 2.1.1

Partner with regional, state and federal agencies on roadway projects that focus on safe connectivity.

Action Step 2.1.2

Widen and improve Harmony Road (CR74) from CR15 to SH257.

Action Step 2.1.3

Work with CDOT to ensure the SH 257 pavement resurfacing project is completed by 2022.

Action Step 2.1.4

Complete IGA on the Harmony Road corridor.

Action Step 2.1.5

Prioritize projects through annual CIP process for review and allocation of budget.

Action Step 2.1.6

Annually appropriate for pedestrian crossing program as budget permits.


Jan 03, 2022 - Oct 31, 2024 Upcoming Progress 0%





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Establish alternate routes to diminish truck traffic on Main Street. % #

On Track 50.0 1

Completed 50.0 1


Establish pedestrian and bicycle connectivity throughout Windsor. % #

On Track 80.0 4

Completed 20.0 1

Action Step 2.2.1

Review prior bypass studies with Town Board to determine what options have been identified.

Action Step 2.2.2

Consider conducting a traffic analysis study on the SH257/SH392 bottleneck.

Action Step 2.3.1

Connect trail systems regionally to ensure safe connectivity throughout Windsor and to our surrounding communities.


Action Step 2.3.2

Develop a detailed Trail & Open Space plan

Cloned as Action Step 3.1.10 (PRC Strategic Plan 2020-2025) and Action Step 3.7.1 (PRC Strategic Plan 2020-2025)

Action Step 2.3.3

Adopt funding mechanisms to support trails

Action Step 2.3.4

Build #2 Ditch Trail from 17th Street to River Bluffs








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Increase public transportation opportunities for Windsor residents. % #

On Track 100.0 3


Provide a safe and reliable water supply for the current and future community. % #

On Track 100.0 7

Action Step 2.3.5

Build pedestrian bridge over Poudre River at CR 13


Action Step 2.4.1

Fully develop existing Poudre Express bus stops.

Action Step 2.4.2

Consider additional bus stops along the Poudre Express bus route.

Action Step 2.4.3

Evaluate senior ride program

Action Step 2.5.1

Perform annual review of the Potable Water Master Plan, Non-Potable Water Master Plan, and Water Efficiency Plan

Action Step 2.5.2

Secure water treatment for 3,300 acre feet of Northern Integrated Supply Project (NISP) water for future demand.







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Adequately maintain and ensure existing infrastructure (streets, trails, water & sewer) keeps up with

growth.

% #

On Track 100.0 2

Action Step 2.5.3

Negotiate capacity with existing water providers.

Action Step 2.5.4

Pursue regional water opportunities and partnerships to increase overall water system redundancy and efficiencies.

Action Step 2.5.5

Secure NISP gap water rental for drought protection

Action Step 2.5.6

Partner with Fort Collins-Loveland Water District (FCLWD), Eaton and Severance to construct regional water treatment plant

Action Step 2.5.7

Develop a Drought Emergency Plan that evaluates storage regarding drought resiliency and raw water safety factors.

Action Step 2.6.1

Adopt maintenance and operations policies.

Action Step 2.6.2

Update Potable Water Distribution Model and Master Plan








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Ensure equitable parks/trails/open space/cultural infrastructure in all neighborhoods and areas

throughout Windsor.

% #

On Track 100.0 1


Invest in the improvement of public space and facilities outside the downtown area creating additional

cultural destination amenities.

% #

On Track 100.0 3


Support efforts to make the Windsor downtown area a cultural center for public art, event and activities. % #

On Track 100.0 6

Action Step 2.7.1

Annually review gaps and consider funding through Capital Investment Project (CIP) process.

Action Step 2.8.1

Complete construction of destination projects currently underway.

Action Step 2.8.2

Develop funding policy/philosophy for cultural destination amenities

Action Step 2.8.3

Improve connectivity between downtown and other cultural destination amenities that lie outside the downtown area.


Action Step 2.9.1

Create an entertainment district within downtown that activates additional events and activities.







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Action Step 2.9.2

Ensure development of the back lots complement and enhance the culture of downtown.


Action Step 2.9.3

Develop Intergovernmental Agreements (IGA) with downtown partners —Downtown Development Authority (DDA), Windsor Chamber of

Commerce and Clearview Library District


Action Step 2.9.4

Increase events at the Art & Heritage Center.


Action Step 2.9.5

Finalize wayfinding program with Windsor Downtown Development Authority (DDA)


Action Step 2.9.6

Install public art within downtown.

Cloned from Action Step 7.2.3 (PRC Strategic Plan 2020-2025)





Mar 19, 2021 - Dec 31, 2021 On Track Progress 30%

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Vibrant and Healthy Economy % #

On Track 57.89 11


Completed 26.32 5


Enhance and expand community and downtown vitality. % #

On Track 100.0 3


Attract diverse and unique restaurants throughout Windsor. % #

On Track 33.33 1

Completed 66.67 2

Action Step 3.1.1

Establish Public Works lot and Backlots redevelopment plan in collaboration with Windsor Downtown Development Authority (DDA).

Action Step 3.1.2

Increase pedestrian safety and walkability downtown

Action Step 3.1.3

Conduct a parking analysis downtown

Action Step 3.2.1

Promote and market existing empty restaurant spaces to potential prospects.

Action Step 3.2.2

Work with retail consultant to identify ideal restaurant locations within our commercial areas and recruit retail


Ongoing - Nov 30, 2025 On Track Progress 2%




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Promote business diversification in the community. % #

On Track 100.0 2


Attract balanced commercial development that will sustain the future of Windsor. % #

On Track 25.0 1


Completed 25.0 1

Action Step 3.2.3

Attend retail conferences and restaurant industry events to look for opportunities

Action Step 3.3.1

Analyze need for business incubator.

Action Step 3.3.2

Continue to promote and engage with real estate professionals, site selectors and companies to inform them of commercial opportunities in

Windsor

Action Step 3.4.1

Develop a long term model for a financially sustainable revenue with future growth predictions.

Action Step 3.4.2

Investigate options for additional grocery or expansion of current entities.

Action Step 3.4.3

Develop a marketing and promotional campaign to attract targeted businesses




Ongoing - Jun 30, 2021 Some Disruption Progress 0%

Ongoing - Jul 31, 2021 Some Disruption Progress 5%


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Make Windsor into a tourist destination. % #

On Track 33.33 1


Completed 33.33 1


Implement public art program. % #

On Track 75.0 3

Completed 25.0 1

Action Step 3.4.4

Hire a consultant to report on competitive retail regional analysis.

Action Step 3.5.1

Secure long-term revenue source to market and promote Windsor to visitors

Action Step 3.5.2

Create a visitors' task force with local business owners and stakeholders.

Action Step 3.5.3

Evaluate Future Legends Sports Complex (FLSC) and surrounding areas for additional visitor opportunities and venues

Action Step 3.6.1

Create a public art advisory committee.


Action Step 3.6.2

Develop an artwork selection process.


Ongoing - Jun 01, 2021 Completed Progress 100%

Ongoing - Dec 31, 2020 Some Disruption Progress 80%





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Action Step 3.6.3

Create a maintenance management plan for town-owned public art.


Action Step 3.6.4

Implement funding mechanisms to pay for and encourage public art.




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MEMORANDUMDate: October 11, 2021To: Mayor and Town BoardVia: Shane Hale, Town ManagerFrom: Stacy Miller, Director of Economic DevelopmentRe: Executive SessionItem #: E.1.

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MEMORANDUMDate: October 11, 2021To: Mayor and Town BoardVia: Shane Hale, Town ManagerFrom: John Thornhill, Director of Community DevelopmentRe: Executive SessionItem #: E.2.

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agenda - town of windsor, co

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