TOWN BOARD REGULAR MEETING. January 14, :00 PM Town Board Chambers, 301 Walnut Street, Windsor, CO AGENDA

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1 TOWN BOARD REGULAR MEETING January 14, :00 PM Town Board Chambers, 301 Walnut Street, Windsor, CO A. CALL TO ORDER 1. Roll Call 2. Pledge of Allegiance AGENDA 3. Review of Agenda by the Board and Addition of Items of New Business to the Agenda for Consideration 4. Proclamation Windsor School Choice Week Proclamation 5. Board Liaison Reports Town Board Member Baker - Tree Board, Historic Preservation Commission Town Board Member Wilson - Parks, Recreation and Culture Advisory Board; Poudre River Trail Corridor Mayor Pro Tem Bennett - Water and Sewer Board Town Board Member Rennemeyer - Chamber of Commerce Town Board Member Jones - Windsor Housing Authority; Great Western Trail Authority Town Board Member Sislowski - Clearview Library Board; Planning Commission Mayor Melendez - 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 sign up on the form provided in the foyer of the Town Board Chambers. When you are recognized, step to the 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 proceedings are encouraged to be prepared and individuals will be limited to three (3) minutes. Written comments are welcome and should be given to the Deputy Town Clerk prior to the start of the meeting. B. CONSENT CALENDAR 1. Minutes of the November 19, 2018 Special Meeting, Minutes of the December 3, 2018 Special Meeting and Minutes of the December 10, 2018 Regular Meeting - K. Eucker 2. Resolution No A Resolution Designating a Public Place for the Posting of Notices Concerning Public Meetings - K. Eucker 3. Resolution No A Resolution Reappointing Teresa Ablao as the Town of Windsor Local Licensing Authority 4. Resolution No A Resolution Appointing Kissinger & Fellman, PC, as the Town of Windsor s Special Counsel for Franchse Agreement Renegotiation, and Approving the Terms of Representation in Accordance Therewith Page 1 of 187

2 a a a a a a a 5. Resolution No A Resolution Pursuant to Section 9.1(G) of the Windsor Home Rule Charter Appointing Edward Blieszner of Welborn Sullivan Meck & Tooley, PC, to Serve as Special Counsel to the Town of Windsor With Respect to Eminent Domain Matters Generally -- I. McCargar 6. Advisory Board Appointment - K. Eucker 7. Report of Bills December 2018 C. BOARD ACTION 1. Resolution No A Resolution Approving the Final Site Plan for Eagle Crossing Subdivision 8th filing, Lot 1; Larry Buckendorf/Morgan Kidder, Fossil Ridge Holdings, LLC, owner/applicant; Daniel Hull, LandOne Engineering, LLC, owner/applicant representative Quasi-judicial Staff presentation: Paul Hornbeck, Senior Planner 2. Ordinance No An Ordinance Fixing the Compensation of the Municipal Court Judge and Municipal Court Clerk for the Town of Windsor in Compliance with Sections and , C.R.S, and Section of the Windsor Municipal Code Legislative Action Staff presentation: Kimberly Emil, Assistant Town Attorney 3. Public Hearing, An Ordinance of The Town Board Of The Town Of Windsor, Colorado, Approving the First Amendment to the Service Plan for the Ridge at Harmony Road Metropolitan District Nos. 1-4, and Authorizing the Execution of an Intergovernmental Agreement Between the Town and the Districts Legislative action Staff presentation: Ian D. McCargar, Town Attorney; Carolyn Steffl, Special Counsel 4. Ordinance No An Ordinance of The Town Board Of The Town Of Windsor, Colorado, Approving the First Amendment to the Service Plan for the Ridge at Harmony Road Metropolitan District Nos. 1-4, and Authorizing the Execution of an Intergovernmental Agreement Between the Town and the Districts Legislative action Staff presentation: Ian D. McCargar, Town Attorney; Carolyn Steffl, Special Counsel 5. Ordinance No An Ordinance Repealing and Re-Adopting Portions of Chapter 7, Article IV of the Windsor Municipal Code with Respect to Trees In, Over and Upon Public Streets in the Town of Windsor Super Majority vote required on second reading Second Reading Legislative Action Staff Presentation: Eric Lucas, Director of Parks, Recreation and Culture 6. Resolution No A Resolution Approving an Intergovernmental Agreement for the Acquisition of Real Property for Water Treatment Facilities Legislative action Staff presentation: Ian D. McCargar, Town Attorney 7. Financial Report November 2018 Staff Presentation: Dean Moyer, Director of Finance D. COMMUNICATIONS 1. Communications from Town Attorney 2. Communications from Town Staff a. Windsor Liquor Licensing Report - 4th Quarter 2018 Page 2 of 187

3 E. ADJOURN b. Site Plan Summary Valley Center 4th Filing Lots Communications from Town Manager 4. Communications from Town Board The Town of Windsor will make reasonable accommodations for access to Town services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call (970) by noon on the Thursday prior to the meeting to make arrangements. Page 3 of 187

4 Date: January 14, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Krystal Eucker, Town Clerk Re: Windsor School Choice Week Proclamation Item #: 4. ATTACHMENTS: Windsor School Choice Week Proclamation MEMORANDUM Page 4 of 187

5 Windsor School Choice Week Proclamation WHEREAS all children in Windsor should have access to the highest-quality education possible; and, WHEREAS Windsor recognizes the important role that an effective education plays in preparing all students in Windsor to be successful adults; and, WHEREAS quality education is critically important to the economic vitality of Windsor; and, WHEREAS Windsor is home to a multitude of high quality public and nonpublic schools from which parents can choose for their children, in addition to families who educate their children in the home; and WHEREAS, educational variety not only helps to diversify our economy, but also enhances the vibrancy of our community; and, WHEREAS Windsor has many high-quality teaching professionals in all types of school settings who are committed to educating our children; and, WHEREAS, School Choice Week is celebrated across the country by millions of students, parents, educators, schools and organizations to raise awareness of the need for effective educational options; THEREFORE, BE IT RESOLVED that I, Kristie Melendez, Mayor of the Town of Windsor, do hereby recognize January 20-26, 2019 as Windsor School Choice Week, and I call this observance to the attention of all of our citizens. Dated this 14 th day of January, Kristie Melendez, Mayor 301 Walnut Street Windsor, Colorado phone fax Page 5 of 187

6 MEMORANDUM Date: January 14, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Krystal Eucker, Town Clerk Re: Minutes Item #: B.1. ATTACHMENTS: 11/19/18 Draft Special Meeting Minutes 12/03/18 Draft Special Meeting Minutes 12/10/18 Draft Regular Meeting Minutes Page 6 of 187

7 TOWN BOARD SPECIAL MEETING November 19, 2018 // 5:30 p.m. // First floor conference room 301 Walnut Street, Windsor, CO MINUTES A. CALL TO ORDER Mayor Melendez called the meeting to order at 5:33 p.m. 1. Roll Call Mayor Kristie Melendez Mayor Pro Tem Ken Bennett Absent- Myles Baker Barry Wilson Paul Rennemeyer Thomas Jones David Sislowski Also Present: Town Manager Shane Hale Town Attorney Ian McCargar Director of Engineering Dennis Wagner Director of Finance Dean Moyer Water Resource Manager John Thornhill Customer Service Supervisor Jessica Scheopner Town Clerk Krystal Eucker 2. Review of Agenda by the Board and Addition of Items of New Business to the Agenda for Consideration by the Board Town Board Member Sislowski moved approve the agenda as presented, Town Board Member Wilson seconded the motion. Roll call on the vote resulted as follows: Yeas Wilson, Bennett, Rennemeyer, Jones, Sislowski, Melendez; Nays- None; Motion passed B. BOARD ACTION 1. Presentation and Discussion of Water Acquisition Staff presentation: John Thornhill, Water Resources Manager Mr. Thornhill provided an overview of where Windsor receives their water and how the water is treated. Windsor receives 212 million gallons of water from the City of Greeley, 110 million gallons from the Fort Collins Loveland Water District and 400 million gallons from North Weld County Water District. On a typical winter day Windsor provides about 1.3 million gallons of water to its customers. On a hot summer day that amount jumps to as much as 4.0 million gallons. The Town of Windsor will make reasonable accommodations for access to town services, programs, and activities, and will make special communication arrangements for persons with disabilities. Please call by noon on the prior to the meeting to make arrangements. Page 7 of 187

8 On average, a household in Windsor uses 0.25 ac-ft (81,500 gallons) per year inside the home. Irrigation adds another 0.25 ac-ft to the annual water usage. Windsor s projected potable water demand at build-out of its Growth Management Area is 12,500 ac-ft. With typical water losses at the treatment plant and transmission lines, the total raw water requirement will be 15,800 ac-ft. Water rights currently owned by the town yield 4,000 ac-ft in a normal year. Much of the land in Windsor s Growth Management Area is or was used for irrigated agriculture and as it urbanizes the historical agriculture water rights can continue to be used to irrigate lawns, trees and shrubs. The town has an ordinance that requires a secondary non-potable water system within those new developments. For approximately the past 20 years most new residential developments in Windsor have included a nonpotable water system. This has made significant difference in potable water demand. The non-potable system is typically owned and operated by either a Metropolitan District or Homeowners Association. Most of the potable water coming out of Windsor faucets starts as raw water on the other side of the continental divide in the Upper Colorado River Basin. It is collected and conveyed through an elaborate system of reservoirs, trans-mountain tunnel, canals and pipelines that were built under the name Colorado Big Thompson (CBT) Project. There are 310,000 acre-foot units in the CBT system. Windsor currently owns 3,859 acre-foot units. Windsor also owns shares in the North Poudre Irrigation Company and as a result has rights to an additional 1,959 units of CBT water through that company. The price in 2018 is currently around $36,000/unit. In Windsor, the cash in lieu price for a single family home with a non-potable water supply for irrigation is $6,877. For a home without a non-potable supply, the cost is $13,754. Windsor s policy for raw water dedication states that 50% of the homes supply has to be raw water, while the remaining 50% dedication can be cash-in-lieu. Windsor currently only accepts C-BT and NPIC water for dedication. In 2009, the Town of Windsor worked with Clearview Solutions on a Water Master Plan. Key componets from that Water Master Plan include: Concern with on-dimensional water supply Focused plan for water acquisition Review water dedication policy NISP participation level Alternatives to funding for NISP Identify target water portfolio The goal of the Plan is to provide the Town s decision makers with the information needed to make sound decisions associated with its water portfolio to best position the Town for its future. The Town of Windsor s current treatable water supply includes: Colorado Big Thompson 3,859 Units o Average Yield = 2,701 AF o Firm Yield = 1,930 AF o Planning Yield = 2,315 AF Page 2 of 4 Page 8 of 187

9 North Poudre Irrigation Company Shares (1,959 CBT Units) o Average Yield = 1,371 AF o Firm Yield = 980 AF o Planning Yield = 1,175 AF Windsor s Comprehensive Plan projects 102,000 residents at build out which would put Windsor s water demand at 12,543 AF. Future potable demand number does not include the 26% shrinkage rate (system losses = 9% and/or surcharge = 17%) from water treatment providers. The water supply at the plant which includes the 26% shrinkage rate would be 15,803 AF. In 2009 the water supply was 2,911 AF; assuming participation in NISP would generate 3,300 AF and with the anticipation of CBT acquisition of 861 AF would leave a gap of 8,731 AF remaining. Recommendations for filling the water supply gap include continuing to acquire as much CBT units as possible and/or North Poudre Water, evaluate Water Supply and Storage Company and the explore the Windy Gap Project. 2. Executive Session. An executive session pursuant to Colorado Revised Statutes (4)(e)(I) for the purpose of determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators with respect to water resources. (John Thornhill, Shane Hale) Town Board Member Rennemeyer moved to go into executive session pursuant to Colorado Revised Statutes (4)(e)(I) for the purpose of determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators with respect to water resources; Town Board Member Bennett seconded the motion. Roll call on the vote resulted as follows: Yeas Wilson, Bennett, Rennemeyer, Jones, Sislowski, Melendez; Nays- None; Motion passed Upon a motion duly made, the Town Board returned to the Special Meeting at 7:58 p.m. The Executive Session was closed and the Town Board returned to the Special Meeting. Upon returning to the Special Meeting, Mayor Melendez advised that if any participants in the Executive Session believed the session contained any substantial discussion of any matters not included in the motion to convene the Executive Session, or believed any improper action occurred during the Session in violation of the Open Meetings Law; such concerns should now be stated. Hearing none, the Special Meeting resumed at 7:58 p.m. 3. Water Rates Presentation Staff presentation: Dean Moyer, Director of Finance Mr. Moyer informed the Board that historically the annual water rate increases have been passed along to the water users by a weighted average; the increase for 2019 will be Page 3 of 4 Page 9 of 187

10 3.29%. A resolution is normally passed in December of each year to become effective in the next year. Currently, the Town of Windsor requires a 50% raw water share dedication and a 50% cash in lieu of the current market conditions. It is being recommended that Windsor continues with the current method until a record of decision that the NISP project is going to happen then after the record of decision, switch to 100% cash in lieu. Windsor will be providing shares of NISP instead of purchasing CBT shares of water on the open market. Stantec Consulting has been hired to assist the Town of Windsor to form a plan to pay for the costs of NISP. An initial report completed in April of 2018 resulted in a recommended 10% annual increase in monthly user fees and an additional water resource fee on the building permit of $15,000. Since the report in April of 2018, updated internal billing has been received as well as economic development information. The Engineering Department, Customer Service, Communications and Finance have met several times to discuss options. It has been discovered that a new revenue stream and/or an increase in an existing revenue stream is needed to fund NISP. The cost of NISP could be borne by new development, monthly users or a combination of both. If the cost is borne entirely on new construction, new raw water fee would go to $26,000 for a new single family residence and the raw water share dedication would be eliminated or with a 75%/25% Developer /Rate payer split equal to $15,000 cash in lieu plus 10.5% annual rate increase in addition to annual rate increases from suppliers. Stantec Consulting provided a brief presentation of three scenarios for a water finance plan. Stantec gathered feedback from the Board will bring back scenarios of the finance plan with more detail at a future work session. C. ADJOURN Upon a motion duly made, the meeting was adjourned at 9:04 p.m. Krystal Eucker, Town Clerk Page 4 of 4 Page 10 of 187

11 TOWN BOARD SPECIAL MEETING December 3, 2018 // 5:30 p.m. // First floor conference room 301 Walnut Street, Windsor, CO MINUTES A. CALL TO ORDER Mayor Melendez called the meeting to order at 5:30 p.m. 1. Roll Call Mayor Mayor Pro Tem Arrived at 5:45 p.m. Absent Kristie Melendez Ken Bennett Barry Wilson Thomas Jones David Sislowski Paul Rennemeyer Myles Baker Also Present: Town Manager Shane Hale Town Attorney Ian McCargar Director of Parks, Recreation & Culture Eric Lucas Open Space & Trails Manager Wade Willis Director of Public Works Terry Walker Customer Service Supervisor Jess Scheopner Deputy Town Clerk Amanda Mehlenbacher 2. Review of Agenda by the Board and Addition of Items of New Business to the Agenda for Consideration by the Board Town Board Member Sislowski moved to approve the agenda as presented. Town Board Member Bennett seconded the motion. Roll call on the vote resulted as follows: Yeas Wilson, Bennett, Jones, Sislowski, Melendez; Nays- None; Motion passed. B. DISCUSSION ITEMS 1. Recycling Center Discussion Mr. Lucas provided a brief presentation on the Recycling Center and the various relocations sites that were considered. The pros and cons, scope of work, cost and future plans of expansion were highlighted and discussed by the Town Board and staff. Ms. Scheopner presented the Town Board with information pertaining to the brush/organic yard waste rebate program. The intent of this program is to continue to encourage residences to recycle yard waste. Discussion revolved around other local recycle centers and their average cost and overhead expenses as well as the financial impact it would have on the Town of Windsor. 2. Frank State Wildlife Area Discussion Mr. Lucas provided a brief presentation of the Frank State Wildlife Area and gave an overview of the history of the property. On November 28, 2018 CPW indicated intent to extinguish the conservation easement thus prompting the Town of Windsor to become the easement holder. Mr. Lucas stated that conservation easements are an effective way The Town of Windsor will make reasonable accommodations for access to town services, programs, and activities, and will make special communication arrangements for persons with disabilities. Please call by noon on the prior to the meeting to make arrangements. Page 11 of 187

12 to preserve land and open space for future generations without an outright purchase of land. C. EXECUTIVE SESSION 1. An executive session pursuant to Colorado Revised Statutes (4)(e)(I) for the purpose of determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators with respect to Colorado National Sports Park. (Shane Hale, Stacy Miller, Ian McCargar) Town Board Member Sislowski moved to go into executive session pursuant to Colorado Revised Statutes (4)(e) (I) for the purpose of determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators with respect to Colorado National Sports Park (Shane Hale, Stacy Miller, Ian D. McCargar). Town Board Member Wilson seconded the motion. Roll call on the vote resulted as follows: Yeas Wilson, Bennett, Rennemeyer, Jones, Sislowski, Melendez; Nays- None; Motion Passed Upon a motion duly made, the Town Board returned to the regular meeting at 7:32 p.m. The Executive Session was closed and the Town Board returned to the Regular Meeting. Upon returning to the regular meeting, Mayor Melendez advised that if any participants in the Executive Session believed the session contained any substantial discussion of any matters not included in the motion to convene the Executive Session, or believed any improper action occurred during the Session in violation of the Open Meetings Law; such concerns should now be stated. Hearing none, the Regular Meeting resumed at 7:32 p.m. 2. An executive session pursuant to Colorado Revised Statutes (4) (f)(i) to discuss personnel matters where the employees who are the subject of the executive session have not both requested an open meeting - Town Manager annual review, Town Attorney annual review (S. Hale and I. McCargar) Town Board Member Sislowski moved to go into executive session pursuant to Colorado Revised Statutes (4)(f) (I) to discuss personnel matters where the employees who are the subject of the executive session have not both requested an open meeting Town Manger annual review, Town Attorney annual review (Shane Hale, Ian D. McCargar). Town Board Member Wilson seconded the motion. Roll call on the vote resulted as follows: Yeas Wilson, Bennett, Rennemeyer, Jones, Sislowski, Melendez; Nays- None; Motion Passed Upon a motion duly made, the Town Board returned to the regular meeting at 9:17 p.m. The Executive Session was closed and the Town Board returned to the Regular Meeting. Upon returning to the regular meeting, Mayor Melendez advised that if any participants in the Executive Session believed the session contained any substantial discussion of any matters not included in the motion to convene the Executive Session, or believed any improper action occurred during the Session in violation of the Open Meetings Law; such Page 2 of 3 Page 12 of 187

13 concerns should now be stated. Hearing none, the Regular Meeting resumed at 9:17 p.m. D. ADJOURN Mayor Pro Tem Bennett moved to adjourn. Town Board Member Jones seconded the motion. Roll call on the vote resulted as follows: Yeas Wilson, Bennett, Rennemeyer, Jones, Sislowski, Melendez; Nays- None; Motion passed. The meeting was adjourned at 9:17 p.m. Amanda Mehlenbacher, Deputy Town Clerk Page 3 of 3 Page 13 of 187

14 TOWN BOARD REGULAR MEETING December 10, :00 PM Town Board Chambers, 301 Walnut Street, Windsor, CO A. CALL TO ORDER MINUTES Mayor Melendez called the meeting to order at 7:09 p.m. 1. Roll Call Mayor Kristie Melendez Mayor Pro Tem Ken Bennett Myles Baker Barry Wilson Paul Rennemeyer Thom Jones David Sislowski Also Present: Shane Hale, Town Manager Ian McCargar, Town Attorney, Kim Emil, Assistant Town Attorney Eric Lucas, Director of Parks, Recreation and Culture Dennis Wagner, Director of Engineering Scott Ballstadt, Director of Planning Rick Klimek, Chief of Police Dean Moyer, Director of Finance Terry Walker, Director of Public Works Vicki Miller, Budget Analyst John Thornhill, Water Resource Manager Krystal Eucker, Town Clerk 2. Pledge of Allegiance Town Board Member Rennemeyer led the pledge of allegiance. 3. Review of Agenda by the Board and Addition of Items of New Business to the Agenda for Consideration Town Board Member Rennemeyer moved to approve the agenda as presented, Town Board Member Baker seconded the motion. Roll Call on the vote resulted as follows; Yeas - Baker, Bennett, Jones, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. 4. Board Liaison Reports Town Board Member Baker Town Board Member Baker reported the Historic Preservation Commission did not have a meeting, however students from Colorado State University did a presentation at the Art and Heritage Center on historic homes and the individuals that lived in those homes in Windsor. The group has agreed to come to a Town Board work session to make the same presentation. Page 14 of 187

15 Town Board Member Wilson Town Board Member Wilson reported the Parks, Recreation and Culture Board met and it was reported that over 362,000 individuals have visited the Community Recreation Center so far this year. November was a record month of visitors at 42,379. Mr. Wilson reported that approximately two weeks ago the section of the Trail east of Highway 257 in the Kodak area was reopened. Mayor Pro Tem Bennett Mayor Pro Tem Bennett reported the Water and Sewer Board will meet on December 12, 2018 at 6:00 a.m. Town Board Member Rennemeyer Town Board Member Rennemeyer had no update. Town Board Member Jones Town Board Member Jones reported the Windsor Housing Authority met with the Town Board and have requested funding for the upcoming years. Dr. Jones reported the Great Western Trail Authority met with an engineer for a project last week and it appears that with the new GoCO Grant and the CDOT funds, there is a good chance that there will be funding for the seven miles of trail from Severance to Eaton. Town Board Member Sislowski Town Board Member Sislowski reported the Library Board met and discussed the legal advisor Jeremy Rose stepping down from his position. There are two board members that will be term limited at the end of this year. An interview committee will be formed to interview individuals interested in filling the vacancies. The Library will hold the final reading of the budget on December 13, 2018; total budget amount is $3.7 million. Mayor Melendez Mayor Melendez reported the Downtown Development Authority will meet on December 19, Ms. Melendez reported she will be serving as the Chair of the MPO in 2019 as well as the Chair of the US 34 PEL group. The zero emission vehicle rule was discussed with more information coming in the near future. Senators Gardner and Bennett announced that a $20 million Tiger Grant was received to helped solidify the infrastructure grant for the I-25 project. CDOT gave a presentation that in 2019 there will be funds to complete two significant studies for SH 392 and Highway 257. The MPO also showcased their new logo. 5. Public Invited to be Heard Mayor Melendez opened the meeting up for public comment to which there was none. B. CONSENT CALENDAR 1. Minutes of the November 26, 2018 Regular Meeting Krystal Eucker Page 15 of 187

16 2. Resolution Mosquito Renewal Contract Terry Walker 3. Resolution No A Resolution Pursuant to Section 9.1 (A) of the Windsor Home Rule Charter Reaffirming the Appointment of and Amending the Terms of Representation Between the Town of Windsor and Town Attorney Ian D. McCargar Ian D. McCargar 4. Resolution No A Resolution Ratifying, Approving, and Confirming the Terms and Conditions of the Employment Agreement, as Amended, Between the Town of Windsor and Town Manager Shane Hale Shane Hale 5. Report of Bills November 2018 Dean Moyer Town Board Member Rennemeyer moved to approve the consent calendar as presented, Town Board Member Wilson seconded the motion. Roll Call on the vote resulted as follows; Yeas - Baker, Bennett, Jones, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. C. BOARD ACTION 1. Ordinance No An Ordinance Approving a PUD (Planned Unit Development) Zoning Overlay The Brands East Planned Unit Development Overlay District Martin Lind, Manager, Eagle Crossing Windsor, LLC, owner / Mitch Black, Norris Design, owner s representative Per Mr. Ballstadt, before the Board is the second reading of The Brands East PUD ordinance. The site is located north of Crossroads Boulevard and east of Fairgrounds Avenue. The property is zoned general commercial and is adjacent to other general commercial, multifamily and limited industrial zones. As was discussed during first reading, the permitted uses are similar to the existing uses allowed by the code although there are some variances that allow for other uses, primarily to be consistent with The Brands West project in Loveland. Also, the development standards comparison includes the one item that has changes since first reading and that was the building height that was discussed. The applicant agreed to limit the building height to 75 feet for office, residential and hotels and 55 feet for other uses unless a taller height is proposed which would go through the variance process. The review timelines commit to a two week review period to coincide again with The Brands West project in Loveland and some of the review processes have been made administrative. The signage includes the ability to master sign plan signage which is similar to a mast sign plan that was approved for the Raindance project. The proposed PUD is consistent with the land use map which depicts the property as general commercial and is consistent wit the Fairgrounds entertainment district as identified in the Comprehensive Plan. At their November 7, 2018 meeting, the Planning Commission forwarded to Town Board a recommendation of approval of the Planned Unit Development overlay rezoning subject to all outstanding Planning Commission and staff comments being addressed. Town Board approved first reading of the ordinance at their November 26, 2018 meeting. Mr. Bennett inquired as to the definition of a unit. Mr. Ballstadt stated one dwelling unit is for a single family; a duplex would be two dwelling units. Mr. Baker confirmed that if the applicant wants to build taller than 75 feet, the applicant will need to go before the Planning Commission and Town Board. Mr. Ballstadt state that is correct as that is the process that is outlined in the municipal code. Page 16 of 187

17 Mr. Jones commented that he is concerned about the process. Town Board Member Rennemeyer moved to approve Ordinance No , Town Board Member Wilson seconded the motion. Roll Call on the vote resulted as follows; Yeas - Baker, Bennett, Melendez, Rennemeyer, Sislowski, Wilson; Nays - Jones; Motion Passed. 2. Ordinance No An Ordinance Rezoning A Portion of Eastbrook Annexation No 1 and Eastbrook Annexation No. 2 and No. 3 Global Asset Recovery LLC, owner; David Tschetter, applicant Per Mr. Ballstadt, the applicant is requesting to rezone approximately 65 acres. The property is located northwest of the intersection of SH 392 and WCR 21. The proposed zoning to residential mixed use and general commercial is consistent with concepts that the Board has seen in the past as this project has gone through several work session and other discussions regarding the Severance IGA and the amendment that was made to the land use map to accommodate the subject proposal. The application is consistent with various goals of the Comprehensive Plan. At its November 7, 2018 regular meeting, the Planning Commission forwarded a recommendation of approval of the rezone petition and ordinance to the Town Board subject to all staff comments being addressed. At its November 26, 2018 meeting, the Town Board approved the rezone request and held first reading of the ordinance. Mr. Jones inquired if Severance had any concerns with the loss of commercial area. Mr. Ballstadt stated that was a discussion topic with both Windsor and Severance and it was determined that this particular commercially zoned property was not prime commercial ground due to site constraints. Mayor Pro Tem Bennett moved to approve Ordinance No , Town Board Member Jones seconded the motion. Roll Call on the vote resulted as follows; Yeas - Baker, Bennett, Jones, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. 3. Ordinance No An Ordinance Approving the Transfer of Water Rights from the Town of Windsor to Diamond Valley, LLC Per Mr. Thornhill, before the Board is second reading of an ordinance approving the transfer of water rights from the Town of Windsor to Diamond Valley. The Town Charter does require that any transfer of water rights owned by the Town be done by ordinance. In 1998, the Town received water rights for the Kern Reservoir and Ditch Company as part of the Altergott Annexation Agreement. The Town previously agreed, as part of the First Amended Altergott Annexation Agreement, dated February 14, 2000, to convey to Diamond Valley, LLC ( DV ) one-half (1/2) of the water rights originally conveyed to the Town pursuant to paragraph 6 of the original Altergott Annexation Agreement. Although the water has been delivered pursuant to this agreement over the years, it was never formally transferred. This ordinance completes the transfer of the water rights that were to have transferred pursuant to the First Amended Annexation Agreement. Town Board Member Sislowski moved to approve Ordinance , Town Board Member Jones seconded the motion. Roll Call on the vote resulted as follows; Yeas - Baker, Bennett, Jones, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. 4. Ordinance No An Ordinance No creating Section of the Windsor Municipal Code Establishing Procedures for Entry of Default and Default Judgments, and Collections in Windsor Municipal Court Per Ms. Emil, before the Board is second reading on Ordinance No which will enable the Windsor Municipal Court to enter a default judgements when individuals fail to appear or fail to pay. Page 17 of 187

18 Town Board Member Rennemeyer moved to approve Ordinance No , Town Board Member Wilson seconded the motion. Roll Call on the vote resulted as follows; Yeas - Baker, Bennett, Jones, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. 5. Ordinance No An Ordinance Repealing (4) of the Windsor Municipal Code Concerning Vagrancy Per Ms. Emil, before the Board is Ordinance on second reading which repeals the subsection of the vagrancy code that pertains to panhandling or begging. The higher courts have struck down language similar to the language reflected within Windsor's vagrancy code as not being constitutional. Town Board Member Rennemeyer moved to approve Ordinance , Mayor Pro Tem Bennett seconded the motion. Roll Call on the vote resulted as follows; Yeas - Baker, Bennett, Jones, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. 6. Ordinance No An Ordinance Repealing and Re-Adopting Portions of Chapter 7, Article IV of the Windsor Municipal Code with Respect to Trees In, Over and Upon Public Streets in the Town of Windsor Per Mr. Lucas, before the Board is an ordinance repealing, amending and readopting portions of Chapter 7, Article 4 of the Windsor Municipal Code in regards to trees, shrubs and hedges that are on, over or above the public right-of-way. Staff met with Town Board on September 10, 2018 in a work session to show examples of the issues currently facing the Town and to provide a recommended path forward. Discussion centered around enforcement and assisting property owners who may need help with the cost of removal or trimming of trees, shrubs or hedges. Staff completed research and most of the surrounding communities have ordinances that place the burden on the property owner by where the plant/shrub/tree was rooted meaning that if it is in or on your property, it is the homeowner's responsibility. If approved, the ordinance as proposed will place the responsibility for the trees, shrubs and hedges on the private property owner. Enforcement will be handled by Police Code Enforcement, which is how Windsor currently operates and if expenses are incurred by the property owner to remediate a code violation it shall be the property owners responsibility. If a homeowner is unable to perform the work themselves, the Town will provide a list of contractors they may seek out to perform the work. If Town staff has to perform the work, a bill will be submitted to the property owner. In an effort to assist property owners who cannot do the work themselves, nor pay for a contractor the PRC Department is working to develop an assistance program to help pay for costs if a resident proves they are in need of financial assistance. Town staff has included $10,000 in the 2019 recommended budget to provide for this assistance. Staff anticipates rollout of this proposed assistance program to occur within the first quarter of Staff recommends adoption of the ordinance as written. Mr. Jones inquired if there is a good handle on the extent of the right-of-way on every street in Windsor. Mr. Lucas stated there are about 100 areas that need to be addressed which is located mostly in the older portions of town. Mr. Hale stated this ordinance would address when private properties plant a plant on their own property and it overgrows into the right-of-way. If the plant is in Town of Windsor right-of-way, the Town would be responsible for the maintenance of that plant. Mr. Jones inquired as to the current budget for this type of situations. Mr. Lucas stated it is absorbed in the regular forestry operations budget. Page 18 of 187

19 Mr. Rennemeyer inquired as to how the $10,000 in assistance will be administrated. Mr. Lucas stated it would be within the line item and any costs would be tracked. Some things would be contracted out if Windsor staff did not have the ability to complete the work. Mr. Sislowski inquired if there is a process to recover the costs of work to be done. Mr. McCargar stated the nuisance code is set up so that if there is a ticket issued, then the cost of the nuisance abatement gets wrapped up in the court case as part of the court order for restitution. If there is not a ticket issued and the Town goes in and still applies for a court order to enter private property for the purposes of abating a nuisance, then the court has authorized in it's order not only that the Town may enter but the Town may bill the charges back in the form of a lien on the property. Mr. Bennett inquired if it includes properties in metro districts Mr. Lucas stated he believed the development agreement included language that the metro districts taking over all of the landscaping in terms of the on, over or above. Mr. McCargar stated its not likely that a neighborhood that has a metro district would be affected by this because those neighborhoods are generally covered under the development agreement that's been in place since at lease the mid 90's that places the responsibility back on the developer. Ms. Melendez inquired as to how the Town will be notified of the violations. Mr. Lucas stated they will continue to handle the situations as they have been which is usually by citizens who issue a complaint or by officers that notice issues. Staff will not be out driving neighborhoods to find violations. Ms. Melendez inquired as to how the town will address situations like a dead tree in a backyard that does not encroach on a right-of-way. Mr. Lucas stated if there is a complaint received on a dead tree, the forestry department can inspect the tree to determine weather the tree is dead or not and if it is deemed to be a dangerous situation, the nuisance abatement process can begin. Mayor Pro Tem Bennett moved to approve Ordinance No , Town Board Member Rennemeyer seconded the motion. Roll Call on the vote resulted as follows; Yeas - Baker, Bennett, Jones, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. 7. Resolution No Approving a Contract with SAFEbuilt Colorado, LLC for Building Inspection Services Provided to the Town of Windsor Per Mr. Ballstadt, there have been some changes to the language within the SAFEbuilt agreement which is largely due to the additional services that SAFEbuilt began providing to the Town in A SAFEbuilt Permit Technician spends two days a week in Town Hall assisting the Building Permit Technician. Those services were formally included in the agreement as well as language regarding things like access to the building and access to the Town's network with a contract employee. Town Board Member Rennemeyer moved to approve Resolution , Town Board Member Baker seconded the motion. Roll Call on the vote resulted as follows; Yeas - Baker, Bennett, Jones, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. 8. Public Hearing 2019 Budget Town Board Member Jones moved to open the public hearing, Town Board Member Rennemeyer seconded the motion. Roll Call on the vote resulted as follows; Yeas - Baker, Bennett, Jones, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. Per Mr. Moyer, Included in packet material is a condensed summary of the 2019 budget. Windsor will be starting the year with around $78 million in the beginning fund balance. During Page 19 of 187

20 the year, approximately $68.5 million will be collected which will give Windsor $146.5 million to work with. Of that total, $79.3 million is budgeted which would leave the ending fund balance of $67 million. Revenues covered by the existing 3.2% sales tax rate are set to a 5% increase over the projected 2018 collections and are budgeted at $11.6 million. Total retail sales tax projected under the.75% rate are estimated at $2.7 million. Building permits are projected to be 597 total permits. This represents 571 single family homes as the largest portion of total permits. The Use Tax associated with the 3.2% rate total $3,301,184. Total use tax projected under the.75% rate is estimated at $776,556. Windsor experienced an increase in assessed valuation this year of roughly $68 million increase over last year. Our mill levy remains at mills and will produce an increase in tax collections of roughly $816,408. This is a direct increase in revenue to the general fund. The total provision for full time employees produced a net addition of 20.3 FTE. Seven new personnel for the Police Department, a Director of Public Services, Director of Community Development, Director of Administrative Services and two new positions in IT are the largest cost drivers added to the budget. The cost of all the additions including taxes and benefits totaled $1,595,552. Existing full time employee salaries included a 3% merit pay increase pool. Also included is a 4% contingency to implement the results of the wage study being conducted in December Total cost of this adjustment including associated benefits and taxes was $699,626. Operating and personnel expenditures for 2019 are budgeted 27.5% higher than 2018 budgeted. The Board and staff developed a five-year capital plan covering 2019 through 2023 including the parks maintenance facility and street projects being the largest scheduled. The capital plan has benefitted from the previous three years producing higher revenue than expected. The Board has also decided to dedicate severance tax revenue to the capital improvement plan. The result is a robust plan for improvements through The last few years have been better than expected on the revenue front. As a result we are able to increase our operations budget while continuing to fund an extensive capital improvement plan. We expect 2019 to follow a similar path of producing a strong revenue stream of funding to be applied in the community. Town Board Member Rennemeyer moved to to close the pubic hearing, Mayor Pro Tem Bennett seconded the motion. Roll Call on the vote resulted as follows; Yeas - Baker, Bennett, Jones, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. 9. Resolution No A Resolution Summarizing Expenditures and Revenues for Each Fund, and Adopting a Budget for the Town of Windsor, Colorado, for the Calendar Year Beginning on the First Day of January, 2019,and Ending on the Last Day of December, 2019, and Appropriating Sums of Money to the Various Funds and Spending Agencies, in the Amount and for the Purpose as Set Forth Below, for the Town of Windsor, Colorado, for the 2019 Budget Year Mr. Moyer had nothing further to add. Town Board Member Rennemeyer moved to approve Resolution No , Town Board Member Jones seconded the motion. Roll Call on the vote resulted as follows; Yeas - Baker, Bennett, Jones, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. 10. Resolution No A Resolution Levying General Property Taxes for the Taxable Year 2018 to Help Defray the Costs of Government for the Town of Windsor, Colorado, for the 2019 Budget Year (Weld County) Mr. Moyer stated Resolution sets the mill levy for Weld County. The increase in Page 20 of 187

21 assessed valuation and keeping the mill levy the same will give Windsor an additional $816,000 in property taxes in 2019 which will go into the general fund for operations. Town Board Member Rennemeyer moved to approve Resolution No , Mayor Pro Tem Bennett seconded the motion. Roll Call on the vote resulted as follows; Yeas - Baker, Bennett, Jones, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. 11. Resolution No A Resolution Levying General Property Taxes for the Taxable Year 2018 to Help Defray the Costs of Government for the Town of Windsor, Colorado, for the 2019 Budget Year (Larimer County) Mr. Moyer had nothing further to add. Ms. Melendez inquired as to how much of an increase the assessed valuation was for Larimer County. Mr. Moyer stated the $816,000 is a combination of both counties. Town Board Member Wilson moved to approve Resolution , Town Board Member Rennemeyer seconded the motion. Roll Call on the vote resulted as follows; Yeas - Baker, Bennett, Jones, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. 12. Resolution No A Resolution Approving Windsor Downtown Development Authority Annual Budget for Fiscal Year 2019 Mr. Matt Ashby informed the Board that the approximate available revenues are $1.2 million which includes rollover funds that have been accumulating for several years. During the September 13, 2018 work session, the Downtown Development Authority (DDA) identified progress on current priorities as well as identifying new project elements to pursue in the coming year. A number of items were highlighted during the joint work session with the Town Board on September 17, 2018 and based on these discussions the DDA adopted the budget on November 14, Specific items that the DDA will be looking at are continuing with the current key initiatives which includes seeing through The Mill revitalization as well as continuing the focus on the backlot development. Some of the activities associated with the backlot development that could be taking shape over the next year include a new parking lot at 512 Ash Street which was recently acquired with the assistance of the Town and also working to facilitate the American Legion more to a new facility to open up development opportunities on the Town Public Works Block. Mr. Jones inquired if the DDA keeps all the sales tax generated in the DDA. Mr. Ashby stated that the intergovernmental agreement that the Town has with the DDA transfers the sales tax base of $250,000 which was the amount of sales tax generated within the DDA district at the year of inception in 2011 plus the additional amount of the increment of growth that has increased since that time. Once that agreement expires if not renewed, the $250,000 would revert to the Town, however within the IGA, there is a provision that indicates that it is the intent of the Town Board to have the increment continue to flow to the DDA. Mr. Sislowski inquired as to the ending balance and if Mr. Ashby feels comfortable with the ending balance. Mr. Ashby stated the budget will need to be monitored closely through 2019 but the main purpose of he DDA was a means to create capital investment within the community. Mayor Pro Tem Bennett moved to approve Resolution No , Town Board Member Wilson seconded the motion. Roll Call on the vote resulted as follows; Yeas - Baker, Bennett, Jones, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. Page 21 of 187

22 13. Resolution No A Resolution Establishing Rates For Town Of Windsor Water Service Customers, And Authorizing The Implementation Of Such Rates Per Mr. Moyer, the November 19, 2018 work session discussion related to water. One item presented during that work session was that it is recommended that if there is an increase in the cost of Windsor's water supply from our suppliers, that Windsor should keep passed that onto the users to keep up with costs. All three suppliers that Windsor uses will be increasing fees in Using our established method, Windsor will have to increase the monthly rate by 3.29% per 1,000 gallons to cover an increase in costs. The rate would be effective February 1, 2019 and will appear on the bills that go out on March 1. Town Board Member Jones moved to to approve Resolution No , Town Board Member Baker seconded the motion. Roll Call on the vote resulted as follows; Yeas - Baker, Bennett, Jones, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. 14. Financial Report October 2018 Mr. Moyer gave a brief overview of the financial report that was included in packet material. Mr. Baker inquired as to GEO tag for The Brands East and if that is a gross number or if that includes the money refunded back to the developer. Mr. Moyer stated that was a gross number to start as that area has not been submitting for long. Mr. Baker confirmed that going forward the number will be gross and not net. Per Mr Moyer; yes. Mr. Baker inquired as to what the big expenditure was from the Mayor/Town Board account. Mr. Moyer stated that was the funds that the Board agreed to help the DDA on the property purchase. D. COMMUNICATIONS 1. Communications from the Town Attorney Mr. McCargar informed the Board that the Town of Windsor logo has been registered with the federal trade licensing office which means Windsor now has federal protection for the copyright. There is also an executive session this evening. 2. Communications from Town Staff Mr. Ballstadt informed the Board of the site plan that was included in the packet and is available for any questions. Mr. Ballstadt also provided some clarification on the business assistance agreement with The Brands East development. The intent was to create a parody between Windsor and Loveland, not only from the business assistance side but also from the PUD development standards. The processes are similar between the two municipalities so that when a business comes in the business wouldn't choose one municipality over another based on more stringent standards. Chief Klimek informed the Board that Von Miller with the Denver Broncos was working with Schield616 out of Colorado Springs to donate protective equipment to law enforcement. The Windsor Police Department is currently working with Schield616 to provide the same equipment for the Windsor officers. 3. Communications from the Town Manager Page 22 of 187

23 Mr. Hale had nothing to report. 4. Communications from the Town Board Ms. Melendez stated tonight's meeting this is the last meeting of the year. Coffee with the Mayor is being held at the Starbucks at Safeway on December 15, 2018 from 7:30-9:00 a.m. Mayor Melendez wished everyone a safe happy holiday season! E. EXECUTIVE SESSION 1. An executive session pursuant to Colorado Revised Statutes (4)(e) (I) for the purpose of determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators with respect for certain Economic Development Incentives (Jill Young, Economic Development Specialist) Town Board Member Rennemeyer moved to go into an executive session pursuant to Colorado Revised Statutes (4)(e) (I) for the purpose of determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators with respect for certain Economic Development Incentives, Town Board Member Baker seconded the motion. Roll Call on the vote resulted as follows; Yeas - Baker, Bennett, Jones, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. Upon a motion duly made, the Town Board returned to the regular meeting at 9:22 p.m. The executive session was closed and the Town Board returned to the regular meeting. Upon returning to the regular meeting, Mayor Melendez advised that if any participants in the Executive Session believed the session contained any substantial discussion of any matters not included in the motion to convene the Executive Session, or believed any improper action occurred during the Session in violation of the Open Meetings Law; such concerns should now be stated. Hearing none, the Regular Meeting resumed at 9:22 p.m. F. ADJOURN The meeting was adjourned at 9:22 p.m. Town Board Member Rennemeyer moved to adjourn, Mayor Pro Tem Bennett seconded the motion. Roll Call on the vote resulted as follows; Yeas - Baker, Bennett, Jones, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. Krystal Eucker, Town Clerk Page 23 of 187

24 MEMORANDUM Date: January 14, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Krystal Eucker, Town Clerk Re: Resolution Designating Public Place for the Posting of Notices Concerning Public Meetings Item #: B.2. ATTACHMENTS: Resolution No Public Place for Posting of Notices Page 24 of 187

25 TOWN OF WINDSOR RESOLUTION NO A RESOLUTION DESIGNATING A PUBLIC PLACE FOR THE POSTING OF NOTICES CONCERNING PUBLIC MEETINGS WHEREAS, in compliance with the Colorado Open Meetings Law and amendments thereto, the Town Board desires to designate a public place for the posting of notices concerning public meetings; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO, AS FOLLOWS: 1. That a bulletin board has been placed in the reception area of Windsor Town Hall at 301 Walnut Street, Windsor, Colorado, and that such bulletin board is hereby designated as a public place for the purpose of giving full and timely notice of public meetings. 2. That the designation of a public place by this Resolution shall not be deemed to preclude the Town from providing other or different notice of public meetings, so long as such notice is full and timely and otherwise in compliance with the Colorado Open Meetings Law and subsequent amendments thereto. Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this 14 th day of January, TOWN OF WINDSOR ATTEST: By: Kristie Melendez, Mayor Krystal Eucker, Town Clerk Page 25 of 187

26 MEMORANDUM Date: January 14, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Kimberly A. Emil, Assistant Town Attorney Re: Reappointment of Teresa Ablao as Town of Windsor Local Licensing Authority Item #: B.3. Background / Discussion: Windsor Municipal Code (WMC) section provides for the appointment of the Town of Windsor Local Licensing Authority by resolution of the Town Board from time to time. Teresa Ablao has served the Town in her capacity as the Local Licensing Authority under the Colorado Liquor Code since She has served in this capacity, handling all matters from new licenses to disciplinary actions. The Town Clerk s Office continues to support the Local Licensing Authority at the administrative level, and the Town Attorney s office serves as the Town s advocate as needed. Ms. Ablao continues to provide the Town with professional and competent service in her capacity as the Liquor Licensing Authority. She regularly provides the Town with status reports, and there have been no issues during her tenure. The attached Resolution is for the re-appointment of Ms. Ablao for a one year term, scheduled to automatically renew unless 60 day advance written notice is provided by either party of termination. The other document attached is the Professional Services Agreement setting forth the terms of her service, with everything identical to prior year s agreements with the exception of the automatic renewals with 60 days prior written notice of termination to be provided by either party to the other. Financial Impact: As budgeted. Relationship to Strategic Plan: Safe and secure community. Recommendation: Adopt the attached Resolution Re-Appointing Teresa Ablao to Serve as the Town of Windsor Local Liquor Licensing Authority Pursuant to the Provisions of the Colorado Liquor Code and Pursuant to Chapter 6, Article I of the Windsor Municipal Code and approve the attached Professional Services Agreement. ATTACHMENTS: Professional Services Agreement Resolution Reappointing Teresa Ablao as Town of Windsor Local Liquor Authority Page 26 of 187

27 PROFESSIONAL SERVICES AGREEMENT (Town of Windsor Local Liquor Licensing Authority) THIS AGREEMENT is made and entered into this day of January, 2019, by and between the TOWN OF WINDSOR, COLORADO, a Colorado home-rule municipality (hereinafter,"town") and TERESA ABLAO, attorney at law (hereinafter, Ablao ). WITNESSETH: WHEREAS, the Colorado Liquor Code, , et. seq., provides for establishment of a Local Licensing Authority, the function of which is to make all quasi-judicial and administrative determinations pertaining to the issuance, transfer, renewal, suspension and revocation of liquor licenses within a defined area; and WHEREAS, pursuant to the authority granted under the Colorado Liquor Code, the Windsor Town Board has by Resolution No appointed Ablao the Local Licensing Authority for Liquor Code administration within the Town s corporate limits; and WHEREAS, the Town Board has reviewed the past performance of Ablao, and has concluded that Ablao continues to demonstrate the requisite experience, training, education and familiarity with liquor licensing practices and procedures; and WHEREAS, the Town Board wishes to retain Ablao for the purpose of serving as the Liquor Licensing Authority in all liquor licensing matters under the Colorado Liquor Code; and WHEREAS, Ablao desires to serve in this capacity, subject to the terms set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and obligations hereinafter set forth, it is agreed between the parties as follows: 1. Preamble. The parties acknowledge that the recitals set forth above are true and correct, and those recitals are incorporated into the body of this Agreement. 2. Professional Services. Ablao agrees to provide professional services to the Town as the Liquor Licensing Authority in all liquor licensing matters. Such services shall include: (a) Convening regular meetings of the Local Licensing Authority on a schedule established in consultation with the Town Clerk s Office, and such special meetings of the Local Licensing Authority as may be necessary to assure orderly and effective administration of the Local Licensing Authority s duties; Professional Services Agreement-Windsor Liquor Licensing Authority 1 Page 27 of 187

28 (b) Working in cooperation with the Town Clerk s Office with respect to administration of liquor licenses within the Town; and (c) Reporting to the Town Board on a minimum quarterly basis the activities of the Local Licensing Authority. Ablao agrees to perform the duties of Local Licensing Authority in a competent and professional manner, and in compliance with applicable Colorado law. 3. Term. This Agreement shall commence upon Ablao s appointment by Resolution of the Town Board and shall automatically renew for one (1) year terms thereafter, unless sooner terminated as provided herein. 4. Termination. The foregoing time periods notwithstanding, either the Town or Ablao may terminate this Agreement at any time without cause by providing 60 days prior written notice to the other party. In the event of termination, Ablao shall be paid for services rendered prior to the date of termination subject only to the satisfactory performance of her obligations under this Agreement through the date of termination. Such payment shall be Ablao s sole right and remedy for such termination. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the Town agrees to pay Ablao the sum of Seventy-five Dollars ($75) per hour. The Town agrees to compensate Ablao for up to one hour of actual travel time (up to thirty minutes each way) for each Liquor Authority or Liquor Authority-related meeting convened at Town Hall. Ablao shall bill the Town on a quarterly basis by itemized statements acceptable to the Town. 6. Hearing Room and Support Services. The Town shall provide Ablao hearing room space as needed to administer the Local Licensing Authority processes delegated to Ablao hereunder. The Town Clerk s Office will provide administrative support to the Local Licensing Authority as has customarily been provided to the Town Board in its capacity as Local Licensing Authority. The Town Clerk s Office will timely provide Ablao with all documents and reports filed with or generated by Town staff with respect to the liquor licensing duties delegated to Ablao hereunder, and such information as may requested by Ablao for the discharge of Local Licensing Authority duties delegated hereunder. Ablao shall at her own expense maintain such other office space as she deems necessary to perform the duties of Local Licensing Authority, including a mailing address and communications availability by telephone, facsimile and electronic mail. Professional Services Agreement-Windsor Liquor Licensing Authority 2 Page 28 of 187

29 7. Independent Contractor. With respect to services performed under this Agreement, Ablao shall be deemed an independent contractor. The Town shall not be responsible for withholding any portion of Ablao s compensation hereunder for the payment of FICA, Workers Compensation, or other taxes or benefits, or for any other purpose. 8. Personal Services. It is understood that the Town enters into this Agreement based upon the special abilities of Ablao, and that this Agreement shall be considered as an agreement for personal services. Accordingly, Ablao shall neither assign any responsibilities nor delegate any duties arising under this Agreement. 9. Notices. Any notice, request or other communication to either party by the other party concerning the terms and conditions of this Agreement shall be in writing and shall be deemed given only (1) when actually received by the addressees, or (2) when sent postage prepaid by certified United States mail, return receipt requested, addressed as follows: TOWN: Copy to: ABLAO: Town of Windsor Ian D. McCargar, Town Attorney Teresa Ablao 301 Walnut Street 301 Walnut Street 2061 Shavano Pl. Windsor, CO Windsor, CO Loveland, CO Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the services to be rendered by Ablao to the Town. Neither Ablao nor the Town is bound by any representation not stated in this Agreement. 11. Governing Law. The laws of the State of Colorado shall govern validity, interpretation, performance and enforcement of this Agreement. 12. Binding Effect. The terms of this Agreement shall inure to the benefit of the parties, including their successors and permissible assigns, if any. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed on the day and year first written above. TOWN OF WINDSOR, COLORADO By: Kristie Melendez, Mayor Teresa Ablao ATTEST: Krystal Eucker, Town Clerk Professional Services Agreement-Windsor Liquor Licensing Authority 3 Page 29 of 187

30 TOWN OF WINDSOR RESOLUTION NO A RESOLUTION RE-APPOINTING TERESA ABLAO TO SERVE AS THE TOWN OF WINDSOR LOCAL LIQUOR LICENSING AUTHORITY PURSUANT TO THE PROVISIONS OF THE COLORADO LIQUOR CODE AND PURSUANT TO CHAPTER 6, ARTICLE I OF THE WINDSOR MUNICIPAL CODE WHEREAS, the Town of Windsor ( Town ) is a Colorado home rule municipality with all powers vested according to law; and WHEREAS, during the past year, pursuant to an appointment made in accordance with Title 12, Article 47 of the Colorado Revised Statutes ( Liquor Code ), the duties of the Local Liquor Licensing Authority have been presided over by Teresa Ablao; and WHEREAS, the Town Board has reviewed the functioning of the Local Licensing Authority under Ms. Ablao s leadership; and WHEREAS, the Town Board has concluded that Ms. Ablao has demonstrated a high level of competence and consistency in her service to the Town in this capacity; and WHEREAS, the Town Board wishes to retain the considerable expertise and experience in liquor licensing, liquor enforcement and liquor procedure demonstrated by Ms. Ablao for the coming year; and WHEREAS, the Town Attorney has worked closely with Ms. Ablao to arrive at a Professional Services Agreement, a copy of which is attached hereto and incorporated herein by this reference as if set forth fully; and WHEREAS, the aforesaid Professional Services Agreement provides for the delegation of Local Liquor Licensing Authority functions to Ms. Ablao, and further provides for continuing administrative protocols for the benefit of the community; and WHEREAS, by the terms of this Resolution, the Town Board desires to re-appoint Ms. Ablao to serve as the Town s Local Liquor Licensing Authority pursuant to the provisions of the Liquor Code and Chapter 6, Article I of the Windsor Municipal Code. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO, AS FOLLOWS: 1. Pursuant to the provisions of the Liquor Code, Teresa Ablao is hereby re-appointed as the Town of Windsor Local Liquor Licensing Authority for automatically renewing one-year terms, unless sooner terminated, from the date of this Resolution. 2. The attached Professional Services Agreement between Ms. Ablao and the Town is hereby Page 30 of 187

31 approved for automatically renewing one-year terms, unless sooner terminated according to the provisions set forth within the agreement. 3. The Mayor is hereby authorized to execute the attached Professional Services Agreement on behalf of the Town. Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this day of January, TOWN OF WINDSOR, COLORADO ATTEST: By Kristie Melendez, Mayor Krystal Eucker, Town Clerk 2 Page 31 of 187

32 MEMORANDUM Date: January 14, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Ian D. McCargar, Town Attorney Re: Resolution No , appointing Kissinger & Fellman as Special Counsel (Comcast Franchise) Item #: B.4. Background / Discussion: The Town s 2005 Cable Television System Franchise Agreement with Comcast is set to expire in In order to give us sufficient time to negotiate an amended and updated agreement, the Town Board appropriated funds in 2019 for the appointment of special counsel to assist in this process. The law firm of Kissinger & Fellman, PC, is a recognized leader in utility and telecommunications law, and has indicated its willingness to serve as special counsel for this purpose. The terms of representation have been set forth in their attached Representation Agreement, which I have reviewed and have concluded is reasonable. The Charter requires that special counsel appointments be approved by the Town Board, and the Rules of Professional Conduct require specific approval of the written fee terms. The attached Resolution satisfies both of these requirements. Financial Impact: Budgeted in 2019 at Line Relationship to Strategic Plan: Quality of Life Recommendation: Adopt Resolution No ; simple majority of those participating required ATTACHMENTS: Resolution of Appointment Kissinger & Fellman Representation Agreement Page 32 of 187

33 TOWN OF WINDSOR RESOLUTION NO A RESOLUTION APPOINTING KISSINGER & FELLMAN, PC, AS THE TOWN OF WINDSOR S SPECIAL COUNSEL FOR FRANCHISE AGREEMENT RENEGOTIATION, AND APPROVING THE TERMS OF REPRESENTATION IN ACCORDANCE THEREWITH WHEREAS, the Town of Windsor ( Town ) is a Colorado home rule municipality with all powers and authority provided by Colorado law; and WHEREAS, the Town negotiated a cable television system franchise agreement with Comcast of Colorado, IV, LLC in 2005 ( 2005 Franchise Agreement ), which was codified in the Windsor Municipal Code at Chapter 5, Article I, as Ordinance No ; and WHEREAS, the 2005 Franchise Agreement expires by its terms in 2020, and the Town desires to pursue negotiation of an amended and updated cable television system franchise agreement to take effect on or before expiration of the 2005 Franchise Agreement; and WHEREAS, the law firm of Kissinger & Fellman, PC, is a recognized specialist in utility and telecommunications law, and has offered to assist the Town with the negotiation of an amended and updated cable television system franchise agreement during 2019 and beyond, if needed; and WHEREAS, the Town Attorney has recommended the appointment of Kissinger & Fellman, PC, to serve as special counsel for this purpose; and WHEREAS, the Town Attorney has reviewed and recommended approval of the terms of representation contained within the attached Representation Agreement, the terms of which are incorporated herein by this reference; and WHEREAS, Section 9.1.G of the Home Rule Charter authorizes the Town Board to appoint special counsel upon the recommendation of the Town Attorney; and WHEREAS, the Town Board finds that the appointment of special counsel and approval of the terms of representation promotes the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO, AS FOLLOWS: 1. The law firm of Kissinger & Fellman, PC, is hereby appointed to serve as special counsel to the Town of Windsor with respect to negotiation of an amended and updated cable television system franchise agreement to take effect on or before the expiration of the 2005 Franchise Agreement. Page 33 of 187

34 2. The terms of the attached Representation Agreement are hereby approved. 3. The Town Attorney shall work with special counsel to keep the Town Board apprised of the status of negotiations and other matters material to the Town s interests. Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this 14 th day of January, ATTEST: Krystal Eucker, Town Clerk TOWN OF WINDSOR, COLORADO By: Kristie Melendez, Mayor 2 Page 34 of 187

35 KISSINGER & FELLMAN, P.C. ATTORNEYS AT LAW PTARMIGAN PLACE, SUITE CHERRY CREEK NORTH DRIVE DENVER, COLORADO RICHARD P. KISSINGER TELEPHONE: (303) JORDAN C. LUBECK KENNETH S. FELLMAN FAX: (303) BRANDON M. DITTMAN JONATHAN M. ABRAMSON GABRIELLE A. DALEY BOBBY G. RILEY PAUL D. GODEC, SPECIAL COUNSEL REPRESENTATION AGREEMENT TOWN OF WINDSOR ("Client"), hereby employs the law firm of Kissinger & Fellman, P.C., ("the Firm") to provide legal counsel, advice and assistance in connection with Comcast franchise agreement renegotiations, and any other matters as may be authorized by Client from time to time. Legal fees and costs will be billed in accordance with the Billing Policies of the Firm set forth on this Representation Agreement which are part of this agreement. It is understood and agreed that the firm's hourly rates may increase in the future. The Firm's policy is to require from time to time an advance fee deposit/retainer for services and fees from each client prior to beginning any new or additional work on the client's matters. In this particular situation, an initial fee deposit/retainer of $0.00 has been agreed upon. This deposit/retainer will be placed in the Firm's trust account and applicable disbursements will be made from the trust account to the Firm each month at the time of billing, to cover fees earned and expenses accrued. Client agrees to promptly make such subsequent deposits/retainers as the Firm may require from time to time. BILLING POLICIES Our regular hourly charges for professional services of each attorney in the firm are as follows: Jonathan M. Abramson Kenneth S. Fellman Brandon M. Dittman Gabrielle A. Daley Paul D. Godec $350 per hour $305 per hour* $205 per hour* $165 per hour* $300 per hour Jordan C. Lubeck Richard P. Kissinger Bobby G. Riley Paralegal/Law Clerk $225 per hour $400 per hour $280 per hour $ 90 per hour * KSF rate reduced from $405; BMD rate reduced from $220; GAD rate reduced from $175. There is an annual fee of $ for the Firm to act as registered agent for any entity. Adjustments in the Firm's rates and charges do occur from time to time, and we endeavor to notify all our then active clients of any changes at the time they are to take place. Nonetheless we still encourage all client inquiries concerning the rates in effect at the beginning of each project and will provide an updated copy of these Billing Policies upon every request. If there are services which can be performed by our paralegals or law clerks, this time will be charged at $90 per hour. Billing will reflect all time expended on clients' matters, such as: office conferences, legal research, telephone calls, correspondence, travel time, drafting, court or hearing preparation and appearances, etc. Direct costs or expenses relating to clients' work (i.e., photocopies, postage, long distance telephone calls, mileage, parking, etc.) will be billed in addition to our hourly charges for professional services rendered. Billing will normally be between the 20th and the last day of the month covering the services and expenses incurred prior to the 20th of the current month. On matters which are not ongoing, a final billing may be made at the conclusion of the matter. Page 35 of 187

36 Page 2 Our terms are payment in full within 30 days of the date of billing. If payment is not received timely, services and expense advances may be discontinued by the firm until satisfactory arrangements can be made to reinstate any past due account. Interest shall accrue at the rate of 1.5% per month on all amounts overdue and unpaid. If collection efforts become necessary on any unpaid amounts, the client shall be responsible for costs and legal fees related thereto. DOCUMENT/FILE RETENTION POLICY When our engagement in this matter ends, at your written request, all materials/property you provided to us during the course of the representation will be returned to you. You agree that we have the right to make copies of all documents generated or received by us from any source during the course of our representation of you. When you request information from your file, the cost of transmitting original documents to you and/or the cost of providing you with copies of other documents will be charged to you. It is your responsibility to secure the return of any documents or property in the file. Following the conclusion of the matter, the client file may, at any time after one year following the conclusion of your matter, be converted to electronic format for storage. Originals of e-filed documents will be maintained for at least two (2) years. The electronic format for storage will be reproduced as a paper version if necessary. If arrangements are not made for the return or reproduction of any documents in your file within seven (7) years following the conclusion of your matter, and there is otherwise no action on the file, the file may be destroyed. During the course of the representation, we may generate certain documents related to the matter that will be retained by us (as opposed to being sent to you) or destroyed. These documents include, for example, firm administrative records, time and expense reports, personnel and staffing materials, credit and account records, and internal lawyers work product (such as drafts, notes, internal memoranda, legal research, and factual research, including investigative reports prepared by or for the internal use of lawyers on the case or in the firm). For various reasons, including the minimization of unnecessary storage expenses, we reserve the right to destroy or otherwise dispose of any documents or other materials that belong to the law firm within a reasonable time after our final bill for the matter is sent to you. KISSINGER & FELLMAN, P.C. Attorneys at Law TOWN OF WINDSOR Client By: Brandon M. Dittman, Associate By: Date: Address: 301 Walnut Street, Windsor, CO Telephone: Ian D. McCargar s imccargar@windsorgov.com KISSINGER & FELLMAN, P.C Cherry Creek North Drive, Suite 900, Denver, CO (303) FAX: (303) Page 36 of 187

37 MEMORANDUM Date: January 14, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Ian D. McCargar, Town Attorney Re: Resolution No Item #: B.5. Background / Discussion: The Town's plans for infrastructure development in 2019 include the need for acquisition of easements and right-of-way. The practice of eminent domain law is a specialty unique to itself, and requires specialized expertise, particularly when litigation occurs. Litigation is a significant undertaking requiring the devotion of time and staff resources not available within the Town Attorney's Office. The Town has previously appointed Edward Blieszner to serve as Special Counsel for the easement acquisitions associated with the North Sewer Line Extension. Mr. Blieszner has proven to be a solid contributor to easement acquisitions in that context, and has indicated his willingness to accept a more-general appointment for eminent domain services. Please note that Colorado law requires the Town Board to specifically authorize an eminent domain case prior to initiation of suit. Mr. Blieszner, if appointed, will not proceed to a takings case without your specific authorization. The Colorado Supreme Court requires that lawyers reach a written understanding with respect to the terms of representation. Mr. Blieszner's engagement letter dated January 14, 2019, is attached. The attached Resolution approving his appointment as special counsel incorporates the terms of representation set forth in the engagement letter. I have reviewed Mr. Blieszner's engagement letter and have concluded that its terms are reasonable, considering all factors. Financial Impact: Built into capital improvements budget for Relationship to Strategic Plan: Roads & Traffic; Trails & Open Space Recommendation: Adopt Resolution No ; simple majority of those participating required. ATTACHMENTS: Resolution of Appointment Welborn Sullivan engagement letter Page 37 of 187

38 TOWN OF WINDSOR RESOLUTION NO A RESOLUTION PURSUANT TO SECTION 9.1 (G) OF THE WINDSOR HOME RULE CHARTER APPOINTING EDWARD BLIESZNER OF WELBORN SULLIVAN MECK & TOOLEY, P.C., TO SERVE AS SPECIAL COUNSEL TO THE TOWN OF WINDSOR WITH RESPECT TO EMINENT DOMAIN MATTERS GENERALLY WHEREAS, the Town of Windsor ( Town ) is a Colorado home rule municipality with all powers and authority provided by Colorado law; and WHEREAS, Section 9.1 (G) of the Town s Home Rule Charter authorizes the Town Board to appoint special counsel upon the recommendation of the Town Attorney; and WHEREAS, the Town Board has appropriated funding for the construction of recreational trails, roadway improvements and related right-of-way acquisitions through private property, either through negotiation or eminent domain litigation; and WHEREAS, the Town Attorney has recommended that the Town Board appoint an eminent domain specialist for this purpose, considering the complexity, devotion of time required and specialize area of the law; and WHEREAS, the Town Attorney has recommended the appointment of Edward J. Blieszner, a principal in the Denver law firm of Welborn Sullivan Meck & Tooley, P.C.; and WHEREAS, Mr. Blieszner has considerable experience in complex eminent domain matters, including pipeline projects, roadway projects and rail projects; and WHEREAS, the Town Board has previously appointed Mr. Blieszner to assist with the acquisition of easements and right-of-way for the North Sewer Line Extension Project; and WHEREAS, the Town Board has again considered Mr. Blieszner s qualifications and is prepared to appoint him to serve as eminent domain special counsel generally, to assist with the acquisition of easements and right-of-way for projects that have received budget appropriation; and WHEREAS, the Town Board is prepared to approve Mr. Blieszner s terms of representation, including the fee structure for his firm s services. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO, AS FOLLOWS: Page 38 of 187

39 1. Edward J. Blieszner of Welborn Sullivan Meck & Tooley, P.C., is hereby appointed as special counsel for the Town of Windsor in eminent domain matters generally for projects that have or will receive budget appropriation. 2. Mr. Blieszner s terms of engagement, represented by the attached letter dated January 14, 2019, incorporated herein by this reference, are hereby approved. 3. The within Resolution is adopted pursuant to the Town Board s authority as set forth in Section 9.1 (G) of the Windsor Home Rule Charter. Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this 14 th day of January, ATTEST: TOWN OF WINDSOR, COLORADO By: Kristie Melendez, Mayor Krystal Eucker, Town Clerk [Seal] 2 Page 39 of 187

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42 MEMORANDUM Date: January 14, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Krystal Eucker, Town Clerk Re: Advisory Board Appointment Item #: B.6. Background / Discussion: On October 2, 2018, Mayor Melendez and Town Board Member Rennemeyer conducted advisory board interviews. Due to the recent addition of an alternate position on the Parks, Recreation and Culture Advisory Board, the following individual is being recommended for appointment: Parks, Recreation and Culture Board - one alternate position Mitchell McNiell, term expiring September 2019 ATTACHMENTS: Mitchell McNiell Application Page 42 of 187

43 - Advisory Board/Commission Application To be considered a candidate for a board or commission, please complete this application and return it to the Town Clerk s Office, 301 Walnut Street, Windsor, CO 80550, fax to (970) or to sballstadt@windsorgov.com. Application deadlines vary. Late applications will be kept on file for one year for future vacancies. Qualifications: All positions require residency within the Town of Windsor and some positions require a particular area of experience or vocation. Additional information can be found on the Town s website under Boards and Commissions or contact the Town Clerk s office at (970) Candidates will be invited to an interview with the Town Board and appointments are made by the Town Board as a whole. Name of Board or Commission: Parks, Recreation and Culture Advisory Board Name: Mitchell McNiell Address: 326 Chestnut St. Day Phone: Night Phone: Address: mrmcniell@gmail.com How long have you been a resident in Windsor? 7 years Current Occupation: Senior Trainer Employer: Vestas Blades Americas Inc Do you currently serve, or have you served previously, on a board or commission? If so, which one(s)? I am currently not serving on a board or commission and have not served previously although I had actively participated in a civic program known as Hutto Citizens University when I resided in Hutto, Texas in 2007 that encouraged citizens with-in the community to become more actively involved or run for council positions supporting causes that the community believed in. I was a member of Toastmasters for several years and was chosen to serve as Vice president of Education for the local chapter I was a part of for 6 months. Why do you want to become a member of this particular board or commission? I fell in love with this town when we first moved from Texas in 2011and had to commute daily to shop in Windsor while I was looking for work. Most of our kids have attended the schools here with four of them currently at Tozer and Mountain View. We are always attending the events here in town from Fire Station openings to Christmas events to Easter Egg hunts and I have been looking for a way to get back active in my community like I once was in Texas just never saw an opportunity between my work and family schedule to do it. This opening was mentioned to me after I had asked numerous questions to Kristie and Kimberly during the Town Hall Tour and Main Park opening this past week regarding business/economic development plans for Windsor s growth towards bringing businesses here that cater towards families with kids like science centers, museums, pavilions and brought up safety concerns with park equipment and offered a simple solution to fix it to prevent children from getting hurt after an accident had occurred. Once the available opening was mentioned to me I was interested and had a sudden urge to get involved after meeting Eric. I think this is my chance to get more involved here in Windsor and contribute in the Page 43 of 187

44 community where I live. Should I be selected to join this board I will do my best to contribute and assist this town my family and I have grown to love and will continue to help make it a safe place for families as well as my own to continue to enjoy and grow. Briefly explain what you believe are the two most important issues facing this board or commission, and how do you believe this board or commission should address each issue? Both of my answers are speculated from the last recorded Agenda on the windsorgov.com website that has meeting minutes attached from July 10 th, 2018 and the visible Agenda that was set for September 11 th, ) Budget Windsor is growing and finding the budget/approved funds to cover new programs or new staff to meet wanted or needed demands with-in the community may be an important issue. To address this you d start with evaluating programs to justify a demand to continue against the new desired program cost against the budget to see if there is a balance with cutting underutilized programs to create new ones. Then continue to drive the new communications teams outreach efforts to increase the awareness of the Culture Division and its available programs that many are not aware of. Weekly/Monthly exposure to current database to drive participation. Programs to start with would be reviewing the CRC paid programs/classes/childcare - are they filled to compacity? Are the desired classes being offered? Are fees for the services set at a price that is affordable to the community or targeted demographic? Do schools know about or promote kid programs or scholarships available? Are there non-profit grants available at the state level that could be applied for to offset or create new programs while reducing staffing cost? Are we fully utilizing the CRC member database to out events or upcoming classes to them based on member interest? 2) Staffing Continue with the community outreach and social media to find the right and best candidates to fill current and upcoming staffing or board/commission positions. Maximize HR locally through community events and functions by having information on literature at booths or have a lead system in place to gather a potential candidate s information. This ties in hand in hand with #1 being budget. 301 Walnut Street Windsor, Colorado phone fax Page 44 of 187

45 Palln Page 2 of 2 List any abilities, skills, licenses, certificates, specialized training, or interests you have which are applicable to this board or commission: My abilities and skills include but are not limited to public speaking, risk mitigation, communications, strategic planning and gardening. Please specify any activities which might create a conflict of interest that would prevent you from official action if you should be appointed to this board or commission: Currently there are no conflicts of interest with the scheduled monthly dates of required availability for the appointed 4 year term. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No Comments: Yes, I have spoken to a few board members while attending the Town Hall tour and Main Park opening. If not appointed at this time, would you be interested in serving on any other advisory boards or commissions at the Town of Windsor? If so, please list any preferences: Yes, of interest are the following boards and commissions: Board of Adjustment/Board of Appeals, Downtown Development Authority, Kern board, or the Planning commission. All applicants are strongly encouraged to attend a regularly scheduled meeting of the board or commission for which they are applying. The Town of Windsor will make reasonable accommodations for access to Town services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call (970) for assistance. I certify that all statements on this form are true and complete. I further understand that false statements shall be sufficient cause for rejection of this application or for grounds to apply the penalty provisions of the Code of Ethics. Signature: Mitchell R. McNiell Date: Sept. 18 th, Thank you for all consideration given to allowing me to give back to my community. Page 45 of 187

46 MEMORANDUM Date: January 14, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Dean Moyer Re: Report of Bills December 2018 Item #: B.7. ATTACHMENTS: Report of Bills December 2018 Page 46 of 187

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60 MEMORANDUM Date: January 14, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Paul Hornbeck, Senior Planner Re: Resolution No A Resolution Approving the Final Site Plan for Eagle Crossing Subdivision 8 Item #: C.1. Background / Discussion: The applicant, Mr. Larry Buckendorf of Fossil Ridge Holdings, LLC, represented by Mr. Daniel Hull of LandOne Engineering, has submitted a final site plan, known as Eagle Crossing Subdivision 8 th Filing, Lot 8. The property is located south of Steeplechase Drive and approximately 1/3 mile west of Highland Meadows Parkway. The lot is being created as part of a concurrent minor subdivision which is combining two existing lots. The eastern portion of the new lot previously received site plan approval of four multifamily buildings containing 93 units as a part of a larger 18 building, 407 unit development. The western portion of the new lot was not site planned at that time due to an agreement between the surface property owner and mineral owners. Site plan characteristics include: 4.59 acre site an additional 5 buildings and 111 units (for a total of 9 buildings and 204 units; parking provided at a ratio of 1.5 spaces per unit, in accordance with the code requirements in place at the time the site plan application was received site building coverage of 27%; and landscaped area of 30%. Building characteristics will match the previously approved buildings and include: three story buildings with 5:12 roof pitches horizontal fiber cement lap siding as the predominant façade material; stone treatment around the base of buildings and around external stairways; covered decks and porches. Please find enclosed the staff PowerPoint with elevation drawings for reference. Financial Impact: Not applicable. Relationship to Strategic Plan: The Strategic Plan is not applicable to this application. The application is consistent with the Comprehensive Plan, specifically the following goal(s) and objective(s): Chapter 5b Growth Framework Goal: Maintain the character of the community while accommodating future growth that is fiscally and environmentally responsible. Objective: Page 60 of 187

61 1. Prioritize new growth in areas currently served by Town infrastructure and services. Chapter 5c Residential Areas Framework Plan Goal: Support diverse housing and residential neighborhoods to meet the needs of varying family sizes, lifestyles, and income levels. Objective: 3. Foster a diversity of housing types and sizes through coordinated land use planning and zoning. 4. Support high density residential development near Downtown, commercial centers, and mixed-use nodes. Recommendation: At their December 19, 2018 meeting Planning Commission forwarded to Town Board a recommendation of approval of the Final Site Plan, subject to all remaining Planning Commission and staff comments being addressed. ATTACHMENTS: Application Materials Staff PowerPoint Resolution Page 61 of 187

62 Introduction The following information is being submitted as a request for the Town to complete a final site plan review of Lot 1 of Eagle Crossing Fifth Filing (Being a Replat of Lots 3 and 4, Eagle Crossing Fourth Filing). The information is also being submitted to set the tone for the proposed Project. From the Owner s perspective, the goal for the combined submittal and review process will be to: Show design intent. Provide details of the site, landscape, and building elevations. Provide clarification of the major aspects of the site plan. Ultimately the Owner wishes to create a project that will meet their needs and be supported by the Town, which will expedite the review and approval process. Location A parcel of land in the Town of Windsor, County of Larimer, Colorado, located in the southeast quarter of Section 35, Township 6 North, Range 68 West of the Sixth Principal Meridian and more particularly described as follows: Lot 1 of Eagle Crossing Fifth Filing (Being a Replat of Lots 3 and 4, Eagle Crossing Fourth Filing) See vicinity map on Final Site Plan for general location. Land Use See attached Land Use Table and Final Site Plan. Ownership Fossil Ridge Holdings, LLC 7251 W. 20 th Street, L-200 Greeley, CO Site Plan See attached Final Site Plan. Building Elevations See attached Building Elevations. Signage Signage will be in general compliance with the Town of Windsor standards. Circulation and Traffic Access to the site will be from Steeplechase Drive. Pedestrian access will be from the sidewalk connection at Steeplechase. Interior drives and sidewalks provide circulation for the residents. See Final Site Plan. Landscaping Landscaping and Irrigation plans have been completed to meet the intent of Town s code. See Landscape and Irrigation Plans included with the submittal. Page 62 of 187

63 Potable Water The Project will be served by the Fort Collins-Loveland Water District. A proposed 8-inch looped main will be provided to supply the domestic and fire flows. Fire hydrants adjacent/interior to the site will be provided. Each building will have a 4-inch fire service and a 1.5-inch domestic service. See Utility Plan. Sanitary Sewer The Project will be served by South Fort Collins Sanitation District. A proposed 8-inch sanitary sewer main with 6- inch services will provide the sanitary service within the Project. See Utility Plan. Other Utilities Electric: The development will be served by Poudre Valley REA. Gas: The development will be served by Atmos Energy. Telephone: The development will be served by Century Link. Cable TV: The development will be served by Comcast Cable. Grading and Drainage Grading including drainage patterns have been determined and are identified on the Grading Plans. The grading and drainage of the Project will generally be from south to north. The open spaces, parking, and drives will be used to convey stormwater runoff to the existing drainage system. Ultimately the runoff will be mitigated by the Eagle Crossing Fourth Filing detention system located in Tract B. The grading and drainage will be completed based on accepted practices and Town of Windsor criteria. See Grading Plan and Utility Plan. Drainage and hydraulic analysis were completed to amend the existing drainage report. Compliance To the best of the applicant s knowledge, the Final Site Plan Submittal complies with Town of Windsor regulations and Development Code. Page 63 of 187

64 Final Site Plan E a g l e C r o s s i n g 8 th L o t 1 F i l i n g Paul Hornbeck, Senior Planner Town Board January Page 64 of 187

65 Site Plan Article VII of Chapter 17 of the Municipal Code outlines the purposes of the Site Plan process, including: Sec Purpose. The purpose of the site plan procedure is to: 1. Develop land as a unit development. 2. Develop land zoned for multifamily, commercial or industrial uses. 3. Develop land which, in the opinion of the Town Planner, could have an adverse environmental impact upon the surrounding area or would have a major community land use impact. 4. To amend an approved site plan when the change involves additional land use Page 65 of 187

66 Fairgrounds Ave. Ward Avenue Site Vicinity Map Steeplechase Dr Subject Property Crossroads Blvd. Page 66 of 187

67 Ward Avenue Fairgrounds Ave. Zoning Map MF-2 E-2 GC Subject Property I-L I-H Crossroads Blvd. Page 67 of 187

68 Site Plan Page 68 of 187

69 Landscape Plan Page 69 of 187

70 21-plex Building Elevations Page 70 of 187

71 21-plex Building Redderings Page 71 of 187

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74 C omprehensive Pl an C onformance Chapter 5b Growth Framework Goal: Maintain the character of the community while accommodating future growth that is fiscally and environmentally responsible. Page 74 of 187

75 C omprehensive Pl an C onformance Chapter 5b Growth Framework Objective 1: Prioritize new growth in areas currently served by Town infrastructure and services. Page 75 of 187

76 C omprehensive Pl an C onformance Chapter 5c Residential Areas Framework Plan Goal: Objective 3: Objective 4: Support diverse housing and residential neighborhoods to meet the needs of varying family sizes, lifestyles, and income levels. Foster a diversity of housing types and sizes through coordinated land use planning and zoning. Support high density residential development near Downtown, commercial centers, and mixed-use nodes. Page 76 of 187

77 R ecommendati on At their December 19, 2018 meeting Planning Commission forwarded to Town Board a recommendation of approval of the Final Site Plan, subject to all remaining Planning Commission and staff comments being addressed. Page 77 of 187

78 Final Site Plan Staff requests that the following be entered into the record: Application and supplemental materials Staff memorandum and supporting documents Recommendation Page 78 of 187

79 Site Plan Considerations Sec. 17 Article VII. Design Standards and Required Improvements 1) General compliance with Comprehensive Plan 2) Intensity of use 3) Environmental impacts upon the surrounding area or have a major community land use impact 4) Preservation of desirable natural landscape features 5) Site layout, building location, traffic flow, parking, sidewalks, open space; coordinated layout with adjoining development 6) Meets street design and construction standards: access, drives, paving 7) Meets zoning parameters: lot size, dimensions, adequate building sites 8) Meets landscaping standards 9) Meets utility system improvements: storm drainage, sanitary sewer, potable and nonpotable water, underground electric power/other dry utilities, Page street 79 of 187 lighting.

80 TOWN OF WINDSOR RESOLUTION NO A RESOLUTION APPROVING A MULTI-FAMILY SITE PLAN FOR LOT 1, EAGLE CROSSING SUBDIVISION 8 TH FILING, PURSUANT TO SECTION OF THE WINDSOR MUNICIPAL CODE WHEREAS, the Town of Windsor ( Town ) is a Colorado home rule municipality with all powers and authority provided by Colorado law; and WHEREAS, the Town has in place a comprehensive system of land use policies intended to promote the public health, safety and welfare; and WHEREAS, the Town requires multi-family development proposals to receive Town Board approval by Resolution following Planning Commission review; and WHEREAS, the developer of Lot 1, Eagle Crossing Subdivision 8 th Filing ( Property ), has proposed a multi-family development upon the Property; and WHEREAS, the development proposal has been reviewed administratively as required by the Windsor Municipal Code; and WHEREAS, the development proposal has been reviewed by the Planning Commission as required by the Windsor Municipal Code; and WHEREAS, both staff and the Planning Commission have recommended conditional approval of the development proposal for the Property; and WHEREAS, the Town Board has reviewed the development proposal, the staff recommendation and the Planning Commission s recommendation; and WHEREAS, by this Resolution, the Town Board desires to approve the proposed development in accordance with the requirements of the Windsor Municipal Code; and WHEREAS, the Town Board finds that the approval set forth in this Resolution promote the public health, safety and welfare. Page 80 of 187

81 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO, AS FOLLOWS: 1. Pursuant to Section of the Windsor Municipal Code, the final site plan for Lot 1, Eagle Crossing Subdivision 8th Filing as presented during the public meeting held January 14, 2019, is and shall be approved. 2. As a condition of this approval, the owner/developer shall comply with all remaining Planning Commission comments, staff comments and conditions approved by the Town Board during the public meeting held January 14, As a condition of approval, the owner/developer shall comply with and shall be subject to all post-approval requirements set forth in Section of the Windsor Municipal Code. Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this 14 th day of January, ATTEST: Krystal Eucker, Town Clerk TOWN OF WINDSOR, COLORADO By: Kristie Melendez, Mayor 2 Page 81 of 187

82 MEMORANDUM Date: January 14, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Kimberly A. Emil, Asst. Town Attorney Re: Annual Municipal Court Judge and Municipal Court Clerk Compensation Item #: C.2. Background / Discussion: The statutes governing qualified municipal courts of record require that the compensation of the Municipal Judge and Office of the Municipal Court Clerk be set by ordinance. This requirement has also been incorporated into the Town s Municipal Code. The Town Board previously approved the 2019 Annual Budget, where the compensation for the Municipal Judge and Municipal Court Clerk s Office was fixed. Provisions also were made to provide for compensation for the Deputy Municipal Judge. An Ordinance approving those appropriations is required in order to comply with the requirements of state law and the Municipal Code. The attached Ordinance Fixing the Compensation of the Municipal Court Judge, Deputy Municipal Judge and Municipal Court Clerk, incorporates the appropriations for these offices from the 2019 Annual Budget, thus satisfying the requirements of law. Financial Impact: Already budgeted for Relationship to Strategic Plan: Community and Hometown Pride Recommendation: Adopt on first reading the attached Ordinance; simple majority required. Approve and sign the Professional Services Agreement for the Deputy Municipal Court Judge. ATTACHMENTS: Ordinance Fixing Compensation of Municipal Court Judge and Municipal Court Clerk Professional Services Agreement (Kline) Deputy Municipal Court Judge Page 82 of 187

83 TOWN OF WINDSOR ORDINANCE NO AN ORDINANCE FIXING THE COMPENSATION OF THE MUNICIPAL COURT JUDGE AND MUNICIPAL COURT CLERK FOR THE TOWN OF WINDSOR IN COMPLIANCE WITH SECTIONS AND , C.R.S., AND SECTION OF THE WINDSOR MUNICIPAL CODE WHEREAS, the Town of Windsor (hereinafter, Town ) is a Colorado home rule municipality, with all powers and authority attendant thereto; and WHEREAS, the Town s Home Rule Charter, at Section 9.2, provides for the establishment of the Windsor Municipal Court ( Court ) and the office of Municipal Judge ( Judge ); and WHEREAS, by Ordinance No , the Town Board established the Court as a statutory court of record, subject to the requirements of the Colorado Revised Statutes; and WHEREAS, , C.R.S., requires that the compensation of the Municipal Judge and Municipal Court Clerk be fixed by ordinance; and WHEREAS, Windsor Municipal Code Section provides: In conjunction with the annual budgeting process, the Town Board shall on an annual basis by ordinance budget and appropriate such moneys as may be necessary for the proper operation of the Municipal Court. Such appropriations shall include the fixing of compensation for the Municipal Court Judge and any Assistant Judge assigned to the Municipal Court, with due regard for the limitations established in Section 9.2(D) of the Home Rule Charter. Such appropriations shall include the fixing of compensation for the office of the Municipal Court Clerk. and WHEREAS, the Town Board approved the annual budget for fiscal year 2019, that included the compensation for the Judge and Municipal Court Clerk; and WHEREAS, the Town Board wishes by this Ordinance to incorporate by reference the previously budgeted annual compensation for both the Judge and the Municipal Court Clerk, and the hourly rate for the Deputy Judge as set forth in the Professional Services Agreement, attached and incorporated herein by reference, in compliance with the referenced Code and statutory requirements. Page 83 of 187

84 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO, AS FOLLOWS: Section 1. The compensation of the Municipal Court Judge and Municipal Court Clerk, and the hourly rate for the Deputy Judge for the 2019 fiscal year shall be as stated in the 2019 Annual Budget previously approved by the Town Board. Section 2. Approve the Professional Services Agreement setting the hourly rate for the Deputy Municipal Judge, and authorize the Mayor to sign the agreement. Section 3. Nothing herein shall be deemed a waiver or modification of the provisions of Section 9.2 (D) of the Town of Windsor Home Rule Charter. Introduced, passed on first reading, and ordered published this 14 th day of January, TOWN OF WINDSOR, COLORADO ATTEST: By Kristie Melendez, Mayor Krystal Eucker, Town Clerk Introduced, passed on second reading, and ordered published this 28 th day of January, TOWN OF WINDSOR, COLORADO ATTEST: By Kristie Melendez, Mayor Krystal Eucker, Town Clerk 2 Page 84 of 187

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89 MEMORANDUM Date: January 14, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Ian D. McCargar Re: Public hearing, Harmony Ridge Metro Districts Service Plan Amendment Item #: C.3. Background / Discussion: State law requires a legislative public hearing prior to consideration of a Service Plan Amendment. This public hearing has been noticed as required by law. Financial Impact: None. Relationship to Strategic Plan: Economic sustainability and vibrancy, safety, quality of life and infrastructure. Recommendation: Convene public hearing, accept relevant evidence. ATTACHMENTS: O'Leary Executive Summary (Ridge at Harmony Service Plan Amendment) First Amendment to Ridge at Harmony Metro District Service Plan Page 89 of 187

90 Memorandum File No To: Town of Windsor From: David S. O'Leary, Esq. Re: Executive Summary for the First Amendment to The Ridge at Harmony Road Metropolitan District Nos. 1-3 The Ridge at Harmony Road Metropolitan District Metropolitan District Nos. 1-4 Date: January 4, 2019 The proposed first amendment to The Ridge at Harmony Road Metropolitan District Nos. 1-3 Service Plan (the First Amendment ) encompasses the land generally located north of Harmony Road/WCR 74, West of WCR 15, and East of WCR 13/LCR 1 or Latham Parkway, and south of WCR 76 within the The Ridge at Harmony Road subdivision filings I, II and III already annexed to the Town of Windsor. The original service plan for The Ridge at Harmony Road proposed the formation of three (3) Metropolitan Districts containing approximately acres in the initial boundaries and two substantial Future Inclusion Areas comprising approximately acres of land in the Town and Weld County. Since the time of formation, all land has been annexed to the Town of Windsor and Included within the District Nos. 1-3, however, no updates were provided for capital costs, debt capacity/authorization and no provision was made for the commercial property within the development acres contained within those future inclusion area have now been annexed and included and are proposed to be contained within four (4) metropolitan Districts (District Nos. 1-4) and a new District No. 4 will contain any commercial property separate from the residential property and residential districts, with the related capital costs, amenities and additional development and financing costs for this updated development and additional areas are now proposed to be added into this First Amendment as a supplement to the original Service Plan. The original approximately acres of residential and mixed use development in the initial boundaries has now been expanded and is proposed to include the prior future inclusion area within the four metropolitan districts. All development and public improvements shall continue to be subject to any Town of Windsor approvals and development plan or subdivision improvement and Town Code rules and regulations. The property which has already been annexed to the Town of Windsor will be contained in The Ridge at Harmony Road Metropolitan District Nos. 1-4 after the First Amendment approvals, and will contain a total of approximately 450 acres within the boundaries of Districts. All of the boundaries are annexed and located entirely within the boundaries of the Town of Windsor (the Town ) and within Weld County (the County ). The Districts are proposed to provide services and powers provided for metropolitan districts authorized by the Special District Act, pursuant to Title 32, C.R.S. and provided within similar districts DN Page 90 of 187

91 within the Town, for consideration on the next possible public hearing of the Board of Trustees January 14, 2019 in order to meet the requirements of a formation election in early 2019 and a TABOR election in November of 2019 for District Nos. 1, 3 and 4 for any additional debt authorization. Preparation of the Financing Plan was provided by George K. Baum & Company. The Developer of The Ridge at Harmony Road community will be Lorson South Land Corp and/or Eagle Development. Construction cost estimates were assembled by the Developer with consultation with the District Engineer, Northern Engineering, which has experience in the costing and construction of similar facilities. Developer and property owner representatives will make up the District Boards in order to develop the area in accordance with approved development plans with the Town. The new District and this First Amendment will help pay for and structure the financing of public improvements and to make the lots and the property permit ready and will help absorb finished lots, homes and commercial property into the Town tax base. I. Major Service Plan Points for the First Amendment to The Ridge at Harmony Road Metropolitan Districts Service Plan. District Nos. 1-4 will contain the following updated information: Approximately, 450 acres of property in the boundaries of District Nos. 1-4 (previously acres in District Nos. 1-3 and approximately acres in the Town and Weld County) within the Town of Windsor, County of Weld. Prior annexation and development approvals were required for the Weld County Property annexed to the Town (approximately acres) which are now contained within Phases I, II and III of The Ridge at Harmony Road Subdivision. The total acreage within the Initial and Future inclusion areas (now to be contained within District Nos. 1-4 is estimated to be approximately 450 acres. There has been an additional $33,623,934 of additional public improvements and amenities projected for the project s future inclusion and updated project areas, in addition to the original estimated $7,200,000 of Public Improvements necessary for the initial boundaries of District Nos. 1-3 (for a total of $40,823,934 in total capital Public Improvements and amenities). These Public Improvement estimates for the project include significant on- and off-site improvements needed to bring the development to permit ready status and for the benefit of the District constituents and the public which includes a non-potable water system to provide irrigation water and service to the various properties within the Service Area of the Districts conditioned upon receiving any necessary approvals of the Town or other government entities where necessary. All new public improvements, subdivisions and capital costs and construction estimates are provided as initial estimates in the Service Plan and will be subject, ultimately to approved development plans approved by the Town once development plans are available and submitted to the Town for its approval prior to construction and installation of any improvements. Anticipated development has increased to approximately 1,270 residential units, 900 single family and 300 potential townhomes and approximately 5 acres of commercial 2 DN Page 91 of 187

92 property which has not been developed to date for some additional mixed use/ commercial square feet of non-residential development, depending upon final zoning, development and plat approvals for the initial boundaries of District Nos Future Inclusion Areas have been included within the proposed updated boundaries of District Nos. 1-4 subject to approved development plans and any Town approvals. The estimated assessed value at full build-out is $40,250,602 with lot values of an additional $12,783,875 during construction with additional commercial assessed valuation expected but not projected for purposes of this First Amendment based upon current projections for the current proposed boundaries of 450 acres within District Nos Additional assessed valuation may be realized in the future based upon changes or final development plans or for the commercial acres contained within District No. 4 and is not currently estimated within the assessed valuation projections at this time. That development and the assessed valuation is yet to be realized, dependent upon inclusion into the current Districts or possibly will be added to future new districts subject to prior approval of by the Town at some future date. The estimated cost of the public improvements needed for the initial boundaries and of District Nos. 1-4 has increased from what was originally projected ($7,200,000 in capital improvements) to $40,823,934, which are initially estimated to be needed and will provided proposed public improvements and amenities including a non-potable irrigation water reservoir, pump and pressurization and distribution system, which is proposed for development of the property within District Nos Public Improvements need additional financing from the Districts to complete. Debt is proposed to be issued in one or more series of bond issuances to allow for financing of constructed infrastructure and expedient completion of the Development. Maximum Combined Mill Levy will remain 39 mills inclusive of debt, operations and administration 35 of which may be used for debt is requested, consistent with the Town s model service plan. Total projected mill levy for both operations and maintenance, debt for District Nos. 1-4 currently 39 mills, which allows for financing of approximately $32,990,000 for the District Nos. 1-4 property, based upon revised financial plan estimates. Additional capacity would be available upon development of the commercial areas (subject to approvals needed by the Town). Requested Debt Authorization of $36,000,000 for the entire project, including all four (4) Districts, allows for 110% coverage of the current debt estimates, without assessed valuation of the commercial areas and without projection of any additional public improvements needed for the commercial development at this time. The request for the additional debt will allow for contingencies and financing variations based upon changes to construction costs, development build out and absorption of the project as well as additional debt capacity to provide for Public Improvements needed for The 3 DN Page 92 of 187

93 Ridge at Harmony Road Metropolitan District No. 4 as well any amenities and improvements needed for District Nos Metropolitan district powers allowed by the Special District Act and consistent with other Town of Windsor metropolitan districts. It is the intent of the Districts to provide for covenant enforcement, design review and operations of District improvements in lieu of a homeowners or property owners association to the extent feasible and necessary for ongoing operations and maintenance of District infrastructure, improvements, facilities and services. However, depending upon certain builder requests, there may be the need to form a sub association or HOA to serve a particular area special needs which may not be able to be provided through the Districts. Formation election for District Nos. 4 after approval of the First Amendment to the Service Plan in early 2019 with a TABOR/Debt election in November 2019 to handle any debt increases proposed and any new authorization for the Districts proposed. District No. 2 shall not increase its debt authorization, its mill levy and shall have no decrease in services, facilities or improvements due to this First Amendment. There are no current residents within District Nos. 1, 3 and 4 and no debt or bonds have been issued. Mill levies, interest rate limitations and underwriting discounts will be consistent with the present Windsor-imposed limitations with other service plans approved by the Town. Maximum term of any bond issue is 30 years for General Obligation Bonds. Intergovernmental Agreement with Town of Windsor to implement Service Plan restrictions as needed. The First Amendment to The Ridge at Harmony Road Metropolitan District Nos. 1-4 Service Plan will serve the best interests of the taxpayers, property owners and development of the property within The Ridge at Harmony Road development, will minimize non-interested party obligations, and will maximize both development and absorption within the Districts and the Town of Windsor without delays in development. The formation of the Districts will allow for financing and development to pay for only those improvements and costs which are a direct benefit to the property within the Districts. We look forward to working with the Town on this matter. 4 DN Page 93 of 187

94 FIRST AMENDMENT TO SERVICE PLAN FOR THE RIDGE AT HARMONY ROAD METROPOLITAN DISTRICT NOS. 1-4 TOWN OF WINDSOR, COLORADO Prepared by: SPENCER FANE LLP Wells Fargo Building, Suite Lincoln Street Denver, CO Submitted: November 26, 2018 Revised and Resubmitted January 4, DN Page 94 of 187

95 LIST OF EXHIBITS EXHIBIT A-1 EXHIBIT A-2 EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E District Nos. 1-3 Original Legal Descriptions and Maps Included Property Descriptions Vicinity Map District Nos. 1-4 Legal Descriptions and Maps Updated Infrastructure Plan Updated Financial Plan DN DN Page 95 of 187

96 INTRODUCTION This First Amendment to Service Plan (the First Amendment ) for The Ridge at Harmony Road Metropolitan District Nos. 1-3 (which was formerly known as Harmony Ridge Metropolitan District Nos. 1-3 (the name of the Districts were changed due to confusion with an adjacent property owner of a similar name of a subdivision and pursuant to approval of the Town to change the name, the name was changed to The Ridge at Harmony Road Metropolitan District by Order of the District Court on April 29, 2015)) (the Districts ) (which will become The Ridge at Harmony Road Metropolitan District Nos. 1-4 after this First Amendment) is proposed to: A. Describe the property which was within the original boundaries of The Ridge at Harmony Road District Nos. 1-3 as provided by the Service Plan, dated August 21, 2014 ( Original Service Plan ), attached hereto as Exhibit A-1; and B. Describe the property which was depicted as the future inclusion area in the Original Service Plan, which is now included within the boundaries of the District Nos. 1-3, which depictions are attached hereto as Exhibit A-2 (the Included Property ); and C. Define the new updated boundaries of The Ridge at Harmony Road Metropolitan District Nos. 1-4 to update for the Included Property and to depict the proposed boundaries of a new District No. 4 to contain the commercial property within the development into its own District, which updated boundaries of District Nos. 1-4 are described in Exhibit C attached hereto and incorporated herein by reference; and D. Revise, update, and replace the initial projected capital plan from the former estimated cost of public improvements at $7,200,000 million to $40,823,934, based upon updated projections provided to meet the current needs and projected development. The updated estimated costs and capital plan are attached hereto as Exhibit D. These costs include public improvements that will serve the nearly acres of Included Property. E. Revise the projected financial plan from the original service plan from $8,000,000 of financing authorization to $32,990,000 to reflect new projected capacity and needs of the development to provide public improvements ( Public Improvements ) and services to property within the boundaries of District Nos. 1-4 and to reflect current zoning and development plans for the revised boundaries of these Districts. A revised and updated financial plan to replace the prior financial plan ( Updated Financial Plan ) and provides for is attached hereto as Exhibit E; and F. Amend the current Maximum Debt Authorization established in the Original Service Plan for The Ridge at Harmony Road Metropolitan District Nos. 1, 3 and 4 from $8 Million to $36 Million (as demonstrated in the Updated Financial Plan attached hereto, and to provide an additional contingency for District No. 4 (which is 110% of the projected Updated Financial Plan without District No. 4 projections); there are no current residents within these Districts and the additional capacity will allow for the financing of the additional improvements needed for the entire development and to complete the public infrastructure needed and required by the Town of Windsor and The Ridge at Harmony Road Metropolitan District Nos For District No. 2, there shall be no increases in the existing mill levy limitations or Maximum Debt Authorization ($8 Million) 1 DN Page 96 of 187

97 provided for in the original service plan and no decrease in current services or facilities provided. The additional debt authorization for District Nos. 1, 3 and 4 will allow for construction of the improvements needed for the Included Property and other new areas of development, subject to and constructed in accordance with approved development plans of the Town of Windsor. G. The IGA with the Town of Windsor will also be amended as necessary to reflect the additional debt authorization and new District No. 4 This First Amendment is submitted pursuant to , et seq., C.R.S., as amended, (the Special District Act ) and the requirements of the Town. The Districts are or (in the case of District No. 4) will be quasi-municipal corporations and political subdivisions of the State of Colorado. The Town of Windsor, Colorado (the Town ) Board of Trustees approved the Service Plan for the Districts on August 25, 2014 (the Service Plan ) pursuant to the requirements of the Town and the Special District Act. I. PURPOSE OF FIRST AMENDMENT The purpose of the First Amendment is to update the boundary maps of the Districts to encompass the Included Property within the boundaries of the Districts, including the previously designated acres of future inclusion area into the existing Districts and to authorization creation of a new District No. 4 to contain the commercial property into its own District No. 4, instead of being mixed into the residential districts, to update the capital and financial plan for the Districts to include the constructed and proposed Public Improvements needed for the development and to provide additional debt capacity to allow for financing of the additional improvements and amenities which were not known or projected at the time of the original service plan, and to allow the additional debt capacity to be included into those districts which do not currently have residents but the property owners and developers require additional infrastructure to complete the development, and which need additional public improvements beyond the original estimated $7.2 million of improvements (to what is now projected to be $40,823,934 of public improvement costs and expenses needed for the entire project) and to provide for the new development, improvements and amenities proposed, all in accordance with approved development plans and future approvals and development agreements approved by the Town of Windsor (the Town ). It is intended that The Ridge at Harmony Road Metropolitan District No. 1 (the Operating District ) will provide a part or all of the Public Improvements for the use and benefit of all anticipated taxpayers of the Districts and will work in conjunction with all or some of The Ridge at Harmony Road Metropolitan District Nos. 2-4 inclusive, to finance, construct, operate, maintain or otherwise provide for the Public Improvements. The primary purpose of the Districts continues to be to help finance the construction of these Public Improvements and to provide for increased costs of planning, design, acquisition, construction, installation, relocation, and/or redevelopment of the Public Improvements. The First Amendment will update the original service plan defined boundaries to the current boundaries of The Ridge at Harmony Road Metropolitan District Nos. 1-3 to be developed within phases I, II and III of The Ridge at Harmony Road Subdivision and the commercial property to be contained within its own District No. 4. The updated maps and legal 2 DN Page 97 of 187

98 descriptions for District Nos. 1-4 are described within Exhibit C, attached hereto and incorporated by this reference as if fully set forth herein. Limitations on District No. 4 mill levies, fees, and debt shall be consistent with District Nos. 1-3, in particular, the mill levy limitation of 39 mills, subject to Gallagher Adjustment. These changes are necessary to complete the development and the projected public improvements as reflected in the updated infrastructure plan for District No. 4 attached hereto as Exhibit D and incorporated herein by this reference. The financial plan currently excludes the commercial development within District No. 4 so the additional capacity is intended to provide flexibility for those additional costs and expenses of development of public improvements and additional financing capacity provided by the commercial property within the Districts. The additional debt authorization proposed to finance these remaining Public Improvements are reflected in a separate updated financial plan and proforma for District No. 4, which is attached hereto as Exhibit E and incorporated herein by this reference. In addition, updated estimates of assessed valuation will allow for in an increase in the previously approved debt limit of the original Service Plan to be increased from approximately $8,000,000 to approximately $36,000,000, inclusive of District No. 2, without a need to increase mill levies, and which will accommodate the new development and provide a contingency for District No. 4 development, to provide sufficient financial required to complete the public improvements needed for the acres of Included Property, and to provide public improvements and amenities for the development. The Districts are intended to be independent units of local government, separate and distinct from the Town, and, except as may otherwise be provided for by State or local law or this Service Plan. Their activities are subject to review by the Town as provided by Town Code and any Intergovernmental Agreements with the Town and the requirements of this Service Plan. District Nos. 1 and 3 require an increase to their authorized debt limitation to account for an increase in the costs of capital construction greater than originally anticipated. District No. 2 is currently the only District with residents and as such, an increase to the authorized debt limitation for District Nos. 1, 3 and 4 will not affect any current residents of the Districts. All current residents and residential property within District No. 2 will not see an increase beyond the mill levy cap of 39 mills gallagherized, as provided for in the current Service Plan in effect for that District, as a result of the First Amendment. All public improvements within District No. 2 shall be constructed in accordance with approved development plans and subdivision development agreements approved by the Town of Windsor (the Town ). II. NEW DEFINITION LANGUAGE The following language shall replace in its entirety the definition of District and Financing Districts in Article II of the Original Service Plan: District No. 4 : means the new commercial District to be formed to contain the commercial property within the development. 3 DN Page 98 of 187

99 Districts: means District No. 1, District No. 2, District No. 3, and District No. 4 collectively. Financing District: means, in the singular, District No. 2, District No. 3, or District No. 4 individually, as the context requires, or in the plural, District Nos. 2-4 collectively. III. Plan: NEW BOUNDARIES LANGUAGE The following language shall replace in its entirety Article III of the Original Service III. BOUNDARIES The area of the initial District Nos. 1-4 boundaries includes approximately 450 acres. The total acreage of all current and future inclusion area is estimated to be approximately 450acres. A map and legal description of the original District Nos. 1-3 boundaries is attached hereto as Exhibit A-1. Maps and legal descriptions of the Included Property are attached hereto as Exhibit A-2. A Vicinity Map of the general location of the Districts is attached as Exhibit B. A map and legal descriptions of the updated boundaries of District Nos. 1-3 and the proposed boundaries for District No. 4 are attached hereto as Exhibit C. It is anticipated that the internal boundaries of the Districts may change from time to time as they undergo inclusions and exclusions pursuant to Section , et seq., C.R.S., and Section , et seq., C.R.S., subject to the limitations set forth in Article V below. The Districts shall be entitled to change the configuration of their internal boundaries, without changing the total acreage of the Project or reconfiguring the Districts Service Area, as their Boards of Directors may deem necessary. Any such internal reconfiguration shall be submitted to the Town s Manager for administrative review, who shall determine if such an internal reconfiguration constitutes a material modification of this Service Plan. All changes in the Districts boundaries must be made in compliance with the Special District Act. IV. NEW PROPOSED LAND USE, AND ASSESSED VALUATION. The following language shall be added following the first paragraph of Article IV of the Original Service Plan regarding the new expansion areas proposed for District No. 4: The Service Area of District No. 4 in the initial area boundaries consists of approximately 5.0 acres, but shall be permitted to be expanded to include any commercial property within The Ridge at Harmony Road Subdivision phases of development that is currently located within District Nos. 1, 2 or 3. At build out, the assessed valuation of the residential property within the boundaries of the Districts is expected to be approximately $40,250,602 in 2018 dollars, with an additional $12,783,875 in lot value, not inclusive of the assessed valuation 4 DN Page 99 of 187

100 projections for the five (5.0) acres of commercial property which is pending final development plans which will be submitted for Town approval in the future. These amounts are expected to be sufficient to reasonably discharge the Debt as demonstrated in the Updated Financial Plan provided in Exhibit D. This Updated Financial Plan is intended to replace the original financial plan provided in the original Service Plan approved by the Town in The population of District Nos. 1-4 at build-out is currently estimated to be approximately 3,810 persons based upon an approximation of 3.0 persons per residence for 1,270 residential units. V. NEW DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS, AND SERVICES The following language shall replace in its entirety Section A.6 of Article V of the Original Service Plan: 6. Maximum Debt Authorization. District No. 2 shall not issue Debt in excess of $8 million. District Nos. 1, 3, and 4 shall not issue Debt in excess of $36,000,000, inclusive of the debt issued by District No. 2. To the extent the Districts seek to modify their respective Maximum Debt Authorization, they shall obtain the prior approval of the Town Board. Increases which do not exceed 25% of the amounts set forth above, and which are approved by the Town Board in a written agreement, shall not constitute a material modification of this Service Plan. V. NEW UPDATED INFRASTRUCTURE PLAN LANGUAGE The following language shall replace in its entirety the second paragraph of Section B, Article V of the Original Service Plan: As shown in the Updated Infrastructure Plan for District Nos. 1-4 attached hereto as Exhibit D and incorporated herein by reference, the estimated cost of the Public Improvements which may be planned for, designed, acquired, constructed, installed, relocated, redeveloped, maintained or financed by the Districts within the undeveloped portions of District Nos. 1-4, is approximately $40,823,934 (which is inclusive of the original approximate $7.2 million previously estimated for the initial boundaries of 186,69 acres estimated in 2014 for portions of District Nos. 1-3). VI. NEW FINANCIAL PLAN LANGUAGE The following language shall be added to the end of Section A of Article VI: The Financial Plan is only one example of how the Districts may finance the public improvements. The amount of Debt issued, the mill levy pledged, the date of issuance, the term of the bonds and the other information in the Financial 5 DN Page 100 of 187

101 Plan is intended to show one example of Districts ability to issue and repay Debt. The actual Debt issued by the Districts will almost certainly differ from what is shown in the Financial Plan. Notwithstanding anything else herein to the contrary, all issuances of Debt shall be deemed to be in compliance with the Financial Plan and the Service Plan so long as the Minimum Criteria, as hereinafter defined, have been met. Minimum Criteria shall mean that the Debt is: (1) subject to the Maximum Debt Service Mill Levy, as adjusted, and if required by the Service Plan; (2) together with other outstanding Debt, not in excess of the Maximum Debt Authorization, as may be amended from time to time; (3) together with other outstanding Debt, not in excess of the Debt authority approved by the Districts electorate; and (4) the Maximum Voted Interest Rate and Maximum Underwriting Discount have not been exceeded. The following language shall replace the second paragraph of Section D of Article VI: District No. 2 shall not issue new Debt after December 31, 2024 and District Nos. 1, 3 and 4 shall limit the term for taxation of property consistent with the Town Code provisions. With the express consent of the Town Board, the issuing District may depart from the Financial Plan by issuing Debt in order to provide the services outlined in this Service Plan if development phasing is of a duration that makes it impracticable to issue all Debt within such period. VII. ADDITIONAL PROVISIONS APPLICABLE TO DISTRICTS TO MATCH THE CURRENT TOWN POLICY ON METROPOLITAN DISTRICTS The following language shall be added to the Service Plan in order to be compliant with the current Town Model Service Plan: A. Meetings. The Districts annual public hearing regarding the subsequent year s budget, as required pursuant to Section , C.R.S., shall be held within the boundaries of the Districts or the boundaries of the Town, every year in which there is any property within the Districts that is owned by an End User. At least once every two years, such public hearing shall be held after 5:00 p.m., in order to facilitate attendance by property owners and residents with daytime work schedules. Any regular or special meeting at which a District s board intends to make a final determination to issue general obligation indebtedness shall be held within the District or Town corporate limits if any property within the District is owned by an End User. B. Elections. The Districts shall post a copy of each call for nominations, required pursuant to Section , C.R.S., in the designated locations for posting notices of meetings per Section (2)(c), C.R.S., in addition to complying with any other notice requirements of the Special District Act. 6 DN Page 101 of 187

102 C. Town Trails. Trails which are interconnected with a Town or regional trail system shall be open to the public free of charge and on the same basis as residents and owners of taxable property within the Districts. D. Restrictions on Developer Reimbursements. 1. With regard to the Districts, in the event the Districts procure or pay for Public Improvements outside of a public bid process, prior to reimbursement to the Project Developer or payment to a third party on behalf of the Project Developer a qualified independent third party shall certify to the Districts that costs of the Public Improvements are reasonable. 2. A qualified independent third party shall certify to the Districts that Public Improvements financed by a District are fit for intended purposes. Note that this certification standard might differ from the certification standards required by the end-owner of such facilities, such as the Town or other special district. 3. In the event a District agrees to reimburse the Project Developer for an advancement of money, property, or services and such agreement does not qualify as Debt as defined in this Service Plan, then the District shall not pay a rate of interest on such advancement that exceeds a rate equal to the prime rate as published in the Wall Street Journal ( WSJ ) plus two percent (2%) for the applicable period. In the event the WSJ ceases to publish a prime rate, then the Districts shall substitute a rate from a similar market index. The Districts will from time to time monitor the feasibility of issuing Debt, and if the amount owed under the reimbursement agreement can be satisfied with the proceeds of Debt incurred at a cost materially less than the prime rate plus two percent (2%), then the Districts shall take reasonable steps to incur such Debt and satisfy the reimbursement obligation to the Project Developer. The purpose of this paragraph is to set a readily ascertainable ceiling on the rate of interest a District board of directors can agree to pay a Project Developer for advancements that do not qualify as Debt; this paragraph neither prevents the District from issuing Debt at a higher rate of interest than the WSJ prime rate plus two percent (2%) nor does it prevent the District from paying a lower rate of interest on a developer reimbursement agreement. E. Location and Extent Limitation. To the extent a metropolitan district may have any powers pursuant to Section , C.R.S., with respect to the Town, the District hereby waives and shall not exercise any such powers to override or avoid submitting to the jurisdiction of the Town Board or compliance with the Town Code or other regulations. F. Debt Instrument Disclosure Requirement. In the text of each bond and any other instrument representing and constituting Debt, the District shall set forth a statement in substantially the following form: 7 DN Page 102 of 187

103 By acceptance of this instrument, the owner of this Bond agrees and consents to all of the limitations in respect of the payment of the principal of and interest on this Bond contained herein, in the resolution of the District authorizing the issuance of this Bond and in the Service Plan of the District. Similar language describing the limitations in respect of the payment of the principal of and interest on Debt set forth in this First Amendment shall be included in any document used for the offering of the Debt for sale to persons, including, but not limited to, the Project Developer. G. Subdistricts. The Districts may organize subdistricts or areas as authorized by Section (1)(f), C.R.S., provided, however, that without the specific approval of the Town, any such subdistrict(s) or area(s) shall be subject to all limitations on Debt, taxes, Fees, and other provisions of this Service Plan. Neither the Debt Mill Levy, the Operations and Maintenance Mill Levy, nor any Debt limit shall be increased as a result of creation of a subdistrict. In accordance with Section (1)(f)(I), C.R.S., the Districts shall notify the Town prior to establishing any such subdistrict(s) or area(s), and shall provide the Town with details regarding the purpose, location, and relationship of the subdistrict(s) or area(s). The Town Board may elect to treat the organization of any such subdistrict(s) or area(s) as a material modification of this Service Plan. H. Special Improvement Districts. The Districts are not authorized to establish a special improvement district without the prior approval of the Town Board. I. Restrictions on Districts Controlled by End User Boards. The Service Plan s limitations on the Debt Mill Levy, the Operations and Maintenance Mill Levy, the limitation on the use of Fees for Public Improvements, and certain other financial limitations are intended to strike a balance between (i) providing adequate project control and revenue to the Project Developer to facilitate desirable development which will result in demonstrated public benefit and (ii) providing adequate safeguards for protection of residents and taxpayers. When a District Board is composed entirely of End Users, the balance may shift in favor of removing some of the limitations on financial powers. The Town Board may be more inclined to remove financial limitations in scenarios where the District Board wants to add Public Improvements which were not contemplated as part of the Project Developer s master plan for the Project (e.g., 20 years after development a neighborhood wants to renovate and expand the uses of its community center), a District-owned Public Improvement requires significant repairs, maintenance or upgrades and the cost properly rests with the District, or the restructuring of Debt would result in a net present value savings as set forth in Section et seq., C.R.S. In the event such circumstances are present, the District Board should consider approaching the Town for authorization. 8 DN Page 103 of 187

104 VIII. EFFECT OF FIRST AMENDMENT The First Amendment of Service Plan is in addition to all of the provisions of the Original Service Plan. Except as specifically modified herein, the Original Service Plan of the Districts remains effective. IX. ORDINANCE OF APPROVAL The Districts incorporate the Town Board of Trustees Ordinance approving this First Amendment, including any conditions of approval. X. CONCLUSION This First Amendment demonstrates that: a. There is sufficient existing and projected need for organized service in the area to be serviced by the Districts; b. The existing service in the area to be served by the Districts is inadequate without the Districts for present and projected needs; c. The Districts are capable of providing economical and sufficient service to the area within its proposed boundaries: d. The area to be included in the Districts has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; e. The facility and service standards of the Districts are compatible with the facility and service standards of Weld County and Town of Windsor, which are interested parties hereunder (1), C.R.S.; f. The First Amendment will be in the best interests of the area to be served. 9 DN Page 104 of 187

105 X. CERTIFICATION It is hereby respectfully requested that the Board of Trustees of the Town of Windsor, Colorado, which has jurisdiction to approve this First Amendment by virtue of Section and Section (2) C.R.S., et seq., as amended, adopt an Ordinance of approval which approves this First Amendment to the Service Plan for The Ridge at Harmony Road Metropolitan District Nos. 1-4 as submitted. The undersigned will cause notice of the Town's hearing on the proposed First Amendment to the Service Plan to be duly given as required by Town Code and statutory requirements, and will or has caused all other required filings to be made and all other applicable procedural requirements to be met. THE RIDGE AT HARMONY ROAD METROPOLITAN DISTRICT NOS. 1-4 //s// By: David S. O Leary Spencer Fane LLP Counsel to The Ridge at Harmony Road Metropolitan District Nos DN Page 105 of 187

106 EXHIBIT A-1 District Nos. 1-3 Original Legal Descriptions and Maps 11 DN Page 106 of 187

107 Page 107 of 187

108 EXHIBIT A-2 Included Property Descriptions 12 DN Page 108 of 187

109 Page 109 of 187

110 OWNER: HR EXCHANGE LLC OWNER: HR EXCHANGE LLC NELSON PROPERTY TO TOWN OF TIMNATH REC. # HARMONY SUBDIVISION SECOND FILING N00 16'31"W 30.06' POINT OF BEGINNING POINT OF COMMENCEMENT NORTHWEST CORNER SECTION #5 REBAR W/2-1/2" AC LS N86 01'18"E 30.12' N00 16'31"W 30.06' WELD COUNTY ROAD 13 40' ADDITIONAL ROW TO BE DEDICATED WITH SUBDIVISION PLAT {NORTH RIGHT-OF-WAY LINE OF CR 76} {SOUTH RIGHT-OF-WAY LINE OF CR 76} EXISTING ZONING: "A" Agriculture (County) ANNEXATION PARCEL 2 ZONING AREA 2 PROPOSED ZONING: "RMU" /"PUD" Overlay 142,168 sq.ft acres NORTH LINE OF THE NORTHWEST QUARTER (BASIS OF BEARINGS PARCEL 2= N86 01'18"E) 30' ADDITIONAL ROW TO BE DEDICATED WITH SUBDIVISION PLAT WINDSOR NORTH ANNEXATION OWNER: HR EXCHANGE LLC SOUTHWEST 1 4 SEC NORTHWEST 1 4 SEC OWNER: CITY OF THORNTON NORTH 1/4 CORNER SECTION #6 REBAR W/3 1/4" AC LS S00 27'38"W 30.09' 'S00 27'38"W N86 01'18"E ' WELD COUNTY ROAD 76 S86 01'18"W ' - WINDSOR NORTH ANNEXATION WINDSOR NORTH ANNEXATION 30.09' SECTION: 30, 31 & 32 TOWNSHIP: 7N RANGE: 67W of the 6th PM WEST 1/4 CORNER SECTION LS No SECTION LINE ANNEXATION LINE EXISTING RIGHT-OF-WAY EXISTING EASEMENT LINE NORTH DATE: 02/03/14 SCALE: 1"=100' 200 South College Avenue, Suite 10 Fort Collins, Colorado E N G I N E E R I N G N ORTHE RN PHONE: FAX: HARMONY RIDGE ANNEXATION TRACTS OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 30, SECTION 31 AND THE WEST HALF OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST, AND IN THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6th P.M., COUNTY OF WELD, STATE OF COLORADO Revisions: By: Date: REVIEWED BY: G. Gilliland PROPOSED RIGHT-OF-WAY WELD COUNTY ROAD 13 WEST LINE OF THE SOUTHWEST QUARTER SECTION ' ADDITIONAL ROW TO BE DEDICATED WITH SUBDIVISION PLAT N01 15'33"W ' N21 45'27"E ' WEST LINE OF LOT A RE-612 INDICATES BOUNDARY TO BE ANNEXED INDICATES EXISTING CITY BOUNDARY WINDSOR NORTH ANNEXATION SOUTHWEST 1 4 SEC OWNER: HR EXCHANGE LLC N88 44'27"E ' {NORTH LINE OF LOT A RE-612} EASEMENT BOOK 901 REC No LOT A RECORDED EXEMPTION No RE 612 ANNEXATION PARCEL 1 ZONING AREA 1 EXISTING ZONING: "A" Agriculture (County) PROPOSED ZONING: "RMU" /"PUD" Overlay 452,802 sq.ft acres NORTH RIGHT-OF-WAY LINE OF CR 74 AS SHOWN ON RE 612 S88 44'25"W ' WELD COUNTY ROAD 74 OWNER: HR EXCHANGE LLC 45' ADDITIONAL ROW TO BE DEDICATED WITH SUBDIVISION PLAT Feet {EAST LINE OF LOT A RE-612} S01 15'33"E ' ( IN FEET ) 1 inch = 100 ft. POINT OF BEGINNING OWNER: HR EXCHANGE LLC NORTH RIGHT-OF-WAY LINE OF CR 74 SOUTH LINE OF THE SOUTHWEST QUARTER (BASIS OF BEARINGS, PARCEL 1 N88 44'25"E) S88 44'25"W ' 45' ADDITIONAL ROW TO BE DEDICATED WITH SUBDIVISION PLAT N00 27'55"E 30.01' OWNER: HR EXCHANGE LLC CENTER 1 4CORNER SECTION # REBAR/NO CAP SLIGHTLY BENT ANNEXATION PARCEL 3 (SEE SHEETS 3 & 4) PROJECT: HARMONY RIDGE ANNEXATION CLIENT: Landhuis DRAWN BY: LOCATED IN SECTIONS 30, 31 & 32, T7N, R67 W, & SECTION 5, T6N, R67 W WELD COUNTY, COLORADO N.A. SOUTHWEST CORNER SECTION LS No , 1997 OWNER: EAST HARMONY LLC HARMONY FIRST & SECOND ANNEXATION NORTHWEST 1 4 SEC POINT OF COMMENCEMENT SOUTH 1 4CORNER SECTION /2" AC IN RANGE BOX PLS 31169, 1998 TST INC. CONSULTING ENGINEERS OWNER: EAST HARMONY LLC Sheet 2 Of 5 Sheets Page 110 of 187

111 OWNER: HR EXCHANGE LLC OWNER: HR EXCHANGE LLC OWNER: 3 LAZY J RANCH LLP WINDSOR NORTH ANNEXATION NORTH/SOUTH CENTERLINE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER SECTION OWNER: HR EXCHANGE LLC N00 38'14"W ' EAST RIGHT OF WAY LINE EXISTING ZONING: "A" Agriculture (County) CENTER 1 4CORNER SECTION # REBAR/NO CAP SLIGHTLY BENT MATCH LINE SHEET 4 EAST LINE OF THE SOUTHEAST QUARTER SECTION EAST 1/4 CORNER SECTION /4" AC LS 7242, 1993 N00 27'55"E ' SECTION: 30, 31 & South College Avenue, Suite 10 Fort Collins, Colorado N ORTHE RN PHONE: FAX: HARMONY RIDGE ANNEXATION TRACTS OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 30, SECTION 31 AND THE WEST HALF OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST, AND IN THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6th P.M., COUNTY OF WELD, STATE OF COLORADO Revisions: By: Date: TOWNSHIP: 7N RANGE: 67W of the 6th PM OWNER: HR EXCHANGE LLC OWNER: HR EXCHANGE LLC 30.00' ROW BOOK 86, PAGE ' ROW S00 38'14"E ' E N G I N E E R I N G ANNEXATION PARCEL 3 7,159,385 sq.ft acres S00 38'14"E ' WELD COUNTY ROAD NO ' OWNER: HR EXCHANGE LLC POINT OF BEGINNING ANNEXATION PARCEL 3 & ZONING AREA 3 POINT OF COMMENCEMENT SOUTH 1/4 CORNER SECTION /2" AC IN RANGE BOX PLS 31169, 1998 TST INC. CONSULTING ENGINEERS 50.00' ROAD RESERVATION PER EXEMPTION PLAT S88 44'25"W ' WELD COUNTY ROAD NO ' ADDITIONAL ROW TO BE DEDICATED WITH SUBDIVISION PLAT OWNERS: COOK, KNIEVELS, THAYERS 30' ROW BOOK 86, PAGE ' ROW HARMONY THIRD ANNEXATION ZONING AREA 3 EXISTING ZONING: "A" Agriculture (County) PROPOSED ZONING: "RMU"/"PUD" Overlay 7,009,695 sq.ft acres NORTHEAST 1 4 SEC S88 44'24"W ' S20 05'03"E 17.96' S85 59'28"W ' 20' UTILITY EASEMENT RECEPTION NO SOUTH LINE OF THE SOUTHEAST QUARTER (BASIS OF BEARINGS, PARCEL 3 S88 44'24"W) SECTION SOUTH RIGHT OF WAY LINE MATCHLINE SEE SHEET 5 S83 55'32"W ' 35' ADDITIONAL ROW TO BE DEDICATED WITH SUBDIVISION PLAT EXCEPTED PARCEL REC. NO WELD COUNTY ROAD NO. 74 SOUTHEAST CORNER SECTION /4" AC LS 23520, WELD Co. S88 44'24"W ' N01 27'07"W 99.90'' SOUTHWEST 1 4 SEC N89 24'09"E 20.31' S00 35'51"E 83.32' S12 26'06"E ' S89 15'10"E 55.50' S06 11'38"E ' S21 04'39"W ' DATE: 02/03/14 PROJECT: SCALE: CLIENT: Landhuis 1"=100' REVIEWED BY: G. Gilliland DRAWN BY: HARMONY RIDGE ANNEXATION LOCATED IN SECTIONS 30, 31 & 32, T7N, R67 W, & SECTION 5, T6N, R67 W WELD COUNTY, COLORADO N.A. SECTION LINE ANNEXATION LINE EXISTING RIGHT-OF-WAY EXISTING EASEMENT LINE PROPOSED RIGHT-OF-WAY INDICATES BOUNDARY TO BE ANNEXED Sheet NORTH 3 INDICATES EXISTING CITY BOUNDARY Of 5 Sheets Page 111 of 187

112 NORTH/SOUTH CENTERLINE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER SECTION N00 04'23"W ' S ' S00 38'14"E ' S00 37'58"E NORTHWEST 1 4 SEC OWNER: HR EXCHANGE LLC OWNER: ALBERT E. AND HARVEY A. ROTH N00 33'14"E ' LOT 21 LOT 20 OWNER: DARRELL G. ROTH S79 01'12"E 33.17' LAKE LEE LATERAL DITCH EASEMENT OWNER: SARAH & WILLIAM YEAGLE S03 06'10"W ' N87 23'08"E ' ALEXANDER ESTATES SUBDIVISION 200 South College Avenue, Suite 10 Fort Collins, Colorado LOT17 OWNER: STEPHEN L. & VICKI J. LEROUX N ORTHE RN PHONE: FAX: HARMONY RIDGE ANNEXATION TRACTS OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 30, SECTION 31 AND THE WEST HALF OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST, AND IN THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6th P.M., COUNTY OF WELD, STATE OF COLORADO EXISTING ZONING: "A" Agriculture (County) OWNER: CHARLES G. SMITH NORTHEAST 1 4 SEC ROTH ANNEXATION LOT 16 OWNER: CARL D. & MARY C. COX S82 52'47"E ' S79 57'10"E ' LOT 12 OWNER: VICTOR J. SELLERS N71 08'24"E ' N55 30'38"E ' EAST/WEST CENTERLINE ' N87 23'05"E LOT 11 LAKE LEE LATERAL DITCH EASEMENT OWNER: RONALD L. & MARIA MILLER N71 26'30"E ' N53 44'56"E 99.46' SOUTHERLY LINE OF ALEXANDER ESTATES SUBDIVISION OWNER: HR EXCHANGE LLC N89 22'02"E 60.00' LOT 9 OWNER: DAVID & RONALEE PAULK MATCHLINE SEE SHEET 5 N42 59'28"E ' 35' ADDITIONAL ROW TO BE DEDICATED WITH SUBDIVISION PLAT S00 37'58"E ' EAST 1/4 CORNER SECTION /4" AC LS 7242, 1993 CENTER 1 4CORNER SECTION # REBAR/NO CAP SLIGHTLY BENT SOUTHWEST 1 4 SEC WELD COUNTY ROAD NO. 15 EAST LINE OF THE SOUTHEAST QUARTER SECTION EAST LINE OF THE NORTHEAST QUARTER SECTION S00 37'58"E ' S00 37'58"E ' EXISTING ZONING: "A" Agriculture (County) NORTHWEST 1 4 SEC OWNER: 3 LAZY J RANCH LLP Revisions: By: Date: SECTION: 30, 31 & 32 TOWNSHIP: 7N E N G I N E E R I N G RANGE: 67W of the 6th PM ANNEXATION PARCEL 3 7,159,385 sq.ft acres DATE: 02/03/14 SCALE: 1"=100' REVIEWED BY: G. Gilliland OWNER: HR EXCHANGE LLC WINDSOR NORTH ANNEXATION N00 27'55"E ' OWNER: HR EXCHANGE LLC LOT B EXEMPTION No RE1299 ZONING AREA 3 EXISTING ZONING: "A" Agriculture (County) PROPOSED ZONING: "RMU"/"PUD" Overlay 7,009,695 sq.ft acres MATCH LINE SHEET 3 OWNER: HR EXCHANGE LLC S00 38'14"E ' S00 38'14"E ' EAST RIGHT OF WAY LINE EXISTING ZONING: "A" Agriculture (County) OWNER: 3 LAZY J RANCH LLP SOUTHWEST 1 4 SEC PROJECT: HARMONY RIDGE ANNEXATION CLIENT: Landhuis DRAWN BY: LOCATED IN SECTIONS 30, 31 & 32, T7N, R67 W, & SECTION 5, T6N, R67 W N.A. WELD COUNTY, COLORADO SECTION LINE ANNEXATION LINE EXISTING RIGHT-OF-WAY EXISTING EASEMENT LINE PROPOSED RIGHT-OF-WAY INDICATES BOUNDARY TO BE ANNEXED INDICATES EXISTING CITY BOUNDARY Feet ( IN FEET ) 1 inch = 100 ft. NORTH Sheet 4 Of 5 Sheets Page 112 of 187

113 35' ADDITIONAL ROW TO BE DEDICATED WITH SUBDIVISION PLAT EXCEPTED PARCEL REC. NO ' OWNER: D & L WATTS SOUTHWEST 4 1 SEC OWNER: DAVID & RONALEE PAULK OWNER: G. & J. SIEFKEN OWNER: D. SEARS & A. WALKER OWNER: J. & S. OFFENBACKER OWNER: I. & R. CHARLES OWNER: LEUTAUD TRUST NO. 1 OWNER: J. RUTZ, A. LUDWIG TRUST OWNER: G. ROTH 50' ROW 30' ROW SOUTHEAST CORNER SECTION /4" AC LS 23520, WELD Co. S12 26'06"E ' S00 35'51"E 83.32' N89 24'09"E 20.31' N00 38'14"E POINT OF BEGINNING ZONING AREA 5 S06 11'38"E ' S89 15'10"E 55.50' 28.59' S88 44'24"W ' N01 27'07"W 99.90'' ' WELD COUNTY ROAD NO OWNER: J & J OCHSNER S21 04'39"W ' N01 27'21"W ' S01 27'21"E ' ' ZONING AREA 5 EXISTING ZONING: "A" Agriculture (County) PROPOSED ZONING: "GC" 28,355 sq.ft acres S88 32'39"W 14.80' S00 18'45"E ' N01 27'21"W ' EAST LINE OF HARMONY THIRD ANNEXATION AS DESCRIBED IN ORDINANCE NO OWNER: J. & J. OCHSNER S00 18'45"E ' NORTHWEST4 1 SEC ZONING AREA 6 EXISTING ZONING: "A" Agriculture (County) PROPOSED ZONING: "RMU" 4565 sq.ft acres S00 18'45"E ' N01 27'21"W ' BASIS OF BEARINGS, ZONING AREA 5 & 6 WEST LINE, SECTION 5,S01 27'21"E POINT OF BEGINNING ZONING AREA 6 N88 32'39"E 30.05' S89 41'15"W 6.08' WELD COUNTY ROAD NO. 15 SECTION: 30, 31 & 32 TOWNSHIP: 7N E N G I N E E R I N G RANGE: 67W of the 6th PM NORTHEAST 1 4 SEC OWNER: V. COOK, K. KNIEVEL HARMONY THIRD ANNEXATION DATE: 02/03/14 SCALE: 1"=100' REVIEWED BY: G. Gilliland 200 South College Avenue, Suite 10 Fort Collins, Colorado N ORTHE RN PHONE: FAX: HARMONY RIDGE ANNEXATION TRACTS OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 30, SECTION 31 AND THE WEST HALF OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST, AND IN THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6th P.M., COUNTY OF WELD, STATE OF COLORADO Revisions: By: Date: MATCHLINE SEE SHEET 3 POINT OF BEGINNING ZONING AREA 4 3-1/4" AC NORTHEAST CORNER OF SEC.31 T7N R67W C. JONES, LS# KING SURVEYORS INC. N86 01'08"E 50.09' WELD COUNTY ROAD NO. 76 NORTHWEST 1 4 SEC ' LOT 7 NORTHEAST 1 4 SEC ZONING AREA 4 EXISTING ZONING: "A" Agriculture (County) PROPOSED ZONING: "E-1" 116,770 sq.ft acres WELD COUNTY ROAD NO. 15 LOT 6 LOT 5 S00 37'58"E ' N00 37'58"W ' LOT 4 WINDSOR NORTH ANNEXATION LOT 3 OWNER: C. J.. FRYE ROTH SUBDIVISION, FIRST FILING LOT 2 N89 52'35"E 30.00' RODNEY STREET LOT 1 OWNER: P. & S. ELWORTHY BASIS OF BEARINGS, ZONING AREA 4 EAST LINE, SECTION 31,N00 37'58"W N89 43'32"W 20.00' LOT 8 S00 37'58"E ' S00 37'58"E ' N00 37'58"W ' ALEXANDER DRIVE OWNER: K. & K. HAUFF S89 22'02"W 60.00' ALEXANDER ESTATES SUBDIVISION ROTH ANNEXATION LOT 9 S00 37'58"E ' N42 59'28"E ' MATCHLINE SEE SHEET 4 PROJECT: CLIENT: Landhuis DRAWN BY: HARMONY RIDGE ANNEXATION LOCATED IN SECTIONS 30, 31 & 32, T7N, R67 W, & SECTION 5, T6N, R67 W WELD COUNTY, COLORADO N.A. SECTION LINE ANNEXATION LINE EXISTING RIGHT-OF-WAY EXISTING EASEMENT LINE PROPOSED RIGHT-OF-WAY INDICATES BOUNDARY TO BE ANNEXED Feet ( IN FEET ) 1 inch = 100 ft. 5 INDICATES EXISTING CITY BOUNDARY NORTH Sheet Of 5 Sheets Page 113 of 187

114 EXHIBIT B Vicinity Map 13 DN Page 114 of 187

115 Page 115 of 187

116 EXHIBIT C Updated District Nos. 1-4 Legal Descriptions and Maps 14 DN Page 116 of 187

117 NORTHWEST CORNER SECTION 31-T7N-R67W WCR 76 NORTHEAST CORNER SECTION 31-T7N-R67W DISTRICT 1 DISTRICT 2 WCR 13 / LCR 1 / LATHAM PARKWAY DISTRICT 3 DISTRICT 3 WCR 15 DISTRICT 4 SOUTHWEST CORNER SECTION 31-T7N-R67W HARMONY ROAD / WCR 74 SOUTHEAST CORNER SECTION 31-T7N-R67W LEGEND NOTE: THIS EXHIBIT IS NOT INTENDED TO BE A MONUMENTED LAND SURVEY. ITS SOLE PURPOSE IS AS A GRAPHIC REPRESENTATION TO AID IN THE VISUALIZATION OF THE WRITTEN PROPERTY DESCRIPTION WHICH IT ACCOMPANIES. THE WRITTEN PROPERTY DESCRIPTION SUPERCEDES THE EXHIBIT DRAWING. DISTRICT 1 DISTRICT 2 DISTRICT 3 DISTRICT ( IN FEET ) 1 inch = 800 ft. Feet FORT COLLINS: 301 North Howes Street, Suite 100, GREELEY: 820 8th Street, NORTH ERN E NG I N E E R I NG northernengineering.com THE RIDGE AT HARMONY ROAD METROPOLITAN DISTRICTS DISTRICTS 1-4 WINDSOR COLORADO DESCRIPTION ESTIMATED DISTRICTS 1-4 BOUNDARY MAP DRAWN BY S. Thomas DATE 08/27/2018 SCALE 1" = 800' PROJECT 1 OF 1 Page 117 of FIGURE

118 THE RIDGE AT HARMONY ROAD DISTRICT 1 BOUNDARY: A tract of land located in Section 31, Township 7 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, and being more particularly described as follows: Considering the West line of the Northwest Quarter of said Section 31 as bearing North 00 16'31" West and with all bearings contained herein relative thereto: Commencing at the Northwest corner of said Section 31; thence along the West line of said Northwest Quarter, South 00 16'31" East, feet; thence departing said West line, North 89º43'13" East, feet to a point on the South right-of-way line of Weld County Road No. 76, said point being the POINT OF BEGINNING; thence along said South right-of-way line, North 86º01'18" East, feet; thence, departing said South right-of-way line, South 00º00'00" East, feet; thence, North 90º00'00 West, feet to a point on the East rightof-way line of Weld County Road No. 13; thence, North 00º16'31" West, feet to the Point of Beginning. The above described tract of land contains 9167 square feet or acres, more or less and is subject to all easements and rights-of-way now on record or existing. Page 118 of 187

119 DISTRICT 2 LEGAL DESCRIPTION DESCRIPTION: THE RIDGE AT HARMONY ROAD METROPOLITAN DISTRICT 2 A Tract of land located in Section 31, Township 7 North, Range 67 West of the 6 th Principal Meridian, Town of Windsor, County of Weld, State of Colorado, being more particularly described as follows: The Ridge at Harmony Road Subdivision recorded at reception number Weld County Clerk and Recorder. Excepting therefrom: The Ridge at Harmony Road Subdivision Second Filing recorded at reception number Weld County Clerk and Recorder. Excepting therefrom: Considering the West line of the Northwest Quarter of said Section 31 as bearing North 00 16'31" West and with all bearings contained herein relative thereto: Commencing at the Northwest corner of said Section 31; thence along the West line of said Northwest Quarter, South 00 16'31" East, feet; thence departing said West line, North 89º43'13" East, feet to a point on the South right-of-way line of Weld County Road No. 76, said point being the POINT OF BEGINNING; thence along said South right-of-way line, North 86º01'18" East, feet; thence, departing said South right-of-way line, South 00º00'00" East, feet; thence, North 90º00'00 West, feet to a point on the East right-of-way line of Weld County Road No. 13; thence, North 00º16'31" West, feet to the Point of Beginning. The above described Tract of land contains 6,907,345 square feet or acres more or less and is subject to all easements and rights-of-way now on record or existing. September 6, 2018 SJT D:\Projects\ \Metro District\Legal Descriptions\District 2 - Legal Description.docx FORT COLLINS: 301 North Howes Street, Suite 100, GREELEY: th Street, WEB: Page 119 of 187

120 DISTRICT 3 LEGAL DESCRIPTION DESCRIPTION: THE RIDGE AT HARMONY ROAD METROPOLITAN DISTRICT 3 A Tract of land located in Section 31, Township 7 North, Range 67 West of the 6 th Principal Meridian, Town of Windsor, County of Weld, State of Colorado, being more particularly described as follows: The Ridge at Harmony Road Subdivision Second Filing recorded at reception number Weld County Clerk and Recorder. Excepting therefrom: Tracts J and O of the Ridge at Harmony Road Subdivision Second Filing recorded at reception number Weld County Clerk and Recorder. The above described Tract of land contains 12,097,712 square feet or acres more or less and is subject to all easements and rights-of-way now on record or existing. September 6, 2018 SJT D:\Projects\ \Metro District\Legal Descriptions\District 3 - Legal Description.docx FORT COLLINS: 301 North Howes Street, Suite 100, GREELEY: th Street, WEB: Page 120 of 187

121 DISTRICT 4 LEGAL DESCRIPTION DESCRIPTION: THE RIDGE AT HARMONY ROAD METROPOLITAN DISTRICT 4 A Tract of land located in Section 31, Township 7 North, Range 67 West of the 6 th Principal Meridian, Town of Windsor, County of Weld, State of Colorado, being more particularly described as follows: Tracts J and O of the Ridge at Harmony Road Subdivision Second Filing recorded at reception number Weld County Clerk and Recorder. The above described Tract of land contains 222,720 square feet or 5.11 acres more or less and is subject to all easements and rights-of-way now on record or existing. September 6, 2018 SJT D:\Projects\ \Metro District\Legal Descriptions\District 4 - Legal Description.docx FORT COLLINS: 301 North Howes Street, Suite 100, GREELEY: th Street, WEB: Page 121 of 187

122 EXHIBIT D Updated Preliminary Infrastructure Plan The Updated preliminary infrastructure plan identifies initial estimates for streets, water, sewer, storm drainage, park and recreation, landscaping/open space and other public improvements that are authorized to be funded by the Districts. Due to the pending approval process of the development plan for the Project and potential changes to zoning and development based upon final approval of development plan(s) for the Project, additional detail regarding water, sewer, and storm drainage improvements will be identified during the approval processes that will be undertaken in the future. 15 DN Page 122 of 187

123 SUMMARY ESTIMATE OF PRELIMINARY DISTRICT EXPENDITURES August 28, 2018 PUBLIC IMPROVEMENT COSTS FOR THE RIDGE AT HARMONY ROAD METROPOLITAN DISTRICTS (DISTRICTS 1-4) COMBINED AREA ACRES Public Improvements Quantity Unit Cost Extended Cost I. General Site Work / Erosion Control Ridge 1 - General Site Work Bid 1 LS $692, $ 692, Ridge 2 - General Site Work Bid 1 LS $824, $ 824, Ridge 3 - General Site Work Estimate 1 LS $981, $ 981, Ridge 1 - Erosion Control Bid 1 LS $57, $ 57, Ridge 2 - Erosion Control Bid 1 LS $133, $ 133, Ridge 3 - Erosion Control Estimate 1 LS $158, $ 158, Subtotal $ 2,848, II. III. IV. Roadway Improvements Ridge 1 - Asphalt Bid 1 LS $1,488, $ 1,488, Ridge 2 - Asphalt Bid 1 LS $2,311, $ 2,311, Ridge 3 - Asphalt Estimate 1 LS $2,751, $ 2,751, Ridge 1 - Concrete Bid 1 LS $1,007, $ 1,007, Ridge 2 - Concrete Bid 1 LS $1,438, $ 1,438, Ridge 3 - Concrete Estimate 1 LS $1,711, $ 1,711, Ridge 2 - Roundabout Bid 1 LS $192, $ 192, Ridge 1 - Off-site Roadways Bid 1 LS $1,127, $ 1,127, Ridge 2 - Off-site Roadways Bid 1 LS $2,631, $ 2,631, Ridge 3 - Off-site Roadways Estimate 1 LS $3,131, $ 3,131, Subtotal $ 17,793, Potable Waterline Improvements Ridge 1 - Waterline Bid 1 LS $782, $ 782, Ridge 2 - Waterline Bid 1 LS $1,007, $ 1,007, Ridge 3 - Waterline Estimate 1 LS $1,199, $ 1,199, Ridge 1-24" Transmission Bid 1 LS $342, $ 342, Ridge 2-24" Transmission Bid 1 LS $729, $ 729, Ridge 1 - Non-Potable Waterline Bid 1 LS $244, $ 244, Ridge 2 - Non-Potable Waterline Bid 1 LS $123, $ 123, Ridge 3 - Non-Potable Waterline Estimate 1 LS $291, $ 291, Ridge 1 - Non-Potable Pumphouse 1 LS $450, $ 450, Subtotal $ 5,171, Sanitary Sewer and Subdrain Improvements Ridge 1 - Sanitary Sewer Bid 1 LS $1,039, $ 1,039, Ridge 2 - Sanitary Sewer Bid 1 LS $1,144, $ 1,144, Ridge 3 - Sanitary Sewer Estimate 1 LS $1,362, $ 1,362, Ridge 1 - Subdrain Bid 1 LS $418, $ 418, Ridge 2 - Subdrain Bid 1 LS $449, $ 449, Ridge 3 - Subdrain Estimate 1 LS $535, $ 535, Ridge 1 - Sanitary Sewer Lift Station Bid 1 LS $980, $ 980, Ridge 3 - Sanitary Sewer Lift Station Estimate 1 LS $980, $ 980, Subtotal $ 6,909, V. Storm Drainage Improvements Ridge 1 - Storm Sewer Bid 1 LS $329, $ 329, Ridge 2 - Storm Sewer Bid 1 LS $442, $ 442, Ridge 3 - Storm Sewer Estimate 1 LS $526, $ 526, Subtotal $ 1,297, Infrastructure Subtotal $ 34,019, Engineering, Design, Administrative (10%) $ 3,401, Construction Contingency and Non-itemized Improvements (10%) $ 3,401, Total Cost $ 40,823, Page 1 of 1 Page 123 of 187

124 WCR 76 FILING NO. 1 WCR 13 / LCR 1 / LATHAM PARKWAY ROUNDABOUT FILING NO. 3 WCR 15 FILING NO. 2 HARMONY ROAD / WCR 74 NOTE: LOCAL STREETS AND ASSOCIATED UTILITIES ARE CONCEPTUAL AND MAY CHANGE AS DEVELOPMENT OCCURS. LEGEND LOCAL STREET COLLECTOR STREET ARTERIAL STREET ( IN FEET ) 1 inch = 800 ft. Feet FORT COLLINS: 301 North Howes Street, Suite 100, GREELEY: 820 8th Street, NORTH ERN E NG I N E E R I NG northernengineering.com THE RIDGE AT HARMONY ROAD METROPOLITAN DISTRICTS DISTRICTS 1-4 WINDSOR COLORADO DESCRIPTION ROADWAYS DRAWN BY S. Thomas DATE 08/27/2018 SCALE 1" = 800' Page 124 of OF 4 PROJECT FIGURE

125 M WCR 76 FILING NO. 1 WCR 13 / LCR 1 / LATHAM PARKWAY FILING NO. 3 WCR 15 FILING NO. 2 HARMONY ROAD / WCR 74 LEGEND NOTE: STORM SEWER AND IRRIGATION IMPROVEMENTS ARE CONCEPTUAL AND MAY CHANGE AS DEVELOPMENT OCCURS. PROPOSED STORM SEWER PROPOSED STORM INLET PROPOSED DETENTION Feet ( IN FEET ) 1 inch = 800 ft. FORT COLLINS: 301 North Howes Street, Suite 100, GREELEY: 820 8th Street, NORTH ERN E NG I N E E R I NG northernengineering.com THE RIDGE AT HARMONY ROAD METROPOLITAN DISTRICTS DISTRICTS 1-4 WINDSOR COLORADO DESCRIPTION STORM SEWER AND DRAINAGE DRAWN BY SCALE S. Thomas DATE 1" = 800' PROJECT 08/27/ FIGURE Page 125 of OF 4

126 SS SS M SS SD S SD SD SS SS WCR 13 / LCR 1 / LATHAM PARKWAY FM FM FM FM FM FM FM SD SS SD SD SS SD SS SD SS SD SS FM SS SD WCR 76 SD SD SD SD FILING NO. 1 SS SS SD SS FILING NO. 2 SS SD SD SS SD SS SD SS SD SS SD SD SS LIFT STATION FILING NO. 3 SD FM FM WCR 15 LIFT STATION HARMONY ROAD / WCR 74 LEGEND NOTE: SANITARY SEWER IMPROVEMENTS ARE CONCEPTUAL AND MAY CHANGE AS DEVELOPMENT OCCURS. SS SD FM PROPOSED SANITARY SEWER PROPOSED SUBDRAIN PROPOSED FORCEMAIN Feet ( IN FEET ) 1 inch = 800 ft. FORT COLLINS: 301 North Howes Street, Suite 100, GREELEY: 820 8th Street, NORTH ERN E NG I N E E R I NG northernengineering.com THE RIDGE AT HARMONY ROAD METROPOLITAN DISTRICTS DISTRICTS 1-4 WINDSOR COLORADO DESCRIPTION SANITARY SEWER DRAWN BY SCALE S. Thomas DATE 1" = 800' PROJECT 08/27/ FIGURE Page 126 of OF 4

127 W M W W W W WCR 76 W W W W 24" TRANSMISSION MAIN 24" TRANSMISSION MAIN WCR 13 / LCR 1 / LATHAM PARKWAY W W W W W W W W W W W W W W W W W W FILING NO. 1 NON-POTABLE IRRIGATION POND AND PUMP HOUSE W FILING NO. 2 W W W 24" TRANSMISSION MAIN W W W FILING NO. 3 W W WCR 15 W W HARMONY ROAD / WCR 74 LEGEND NOTE: WATERLINE IMPROVEMENTS ARE CONCEPTUAL AND MAY CHANGE AS DEVELOPMENT OCCURS. W PROPOSED WATERLINE Feet ( IN FEET ) 1 inch = 800 ft. FORT COLLINS: 301 North Howes Street, Suite 100, GREELEY: 820 8th Street, NORTH ERN E NG I N E E R I NG northernengineering.com THE RIDGE AT HARMONY ROAD METROPOLITAN DISTRICTS DISTRICTS 1-4 WINDSOR COLORADO DESCRIPTION WATERLINE DRAWN BY S. Thomas DATE 08/27/2018 SCALE 1" = 800' Page 127 of OF 4 PROJECT FIGURE

128 EXHIBIT E Updated Preliminary Financial Plan This forecast is only an example of what might be done and is meant to show the capacity of the Districts to issue debt. As such, the dates, mill levies, valuations, amount of the bond proceeds, and revenues may differ when debt is issued, and this forecast will not be binding on the Districts as long as the debt falls within the restrictions in the text of the Service Plan. 16 DN Page 128 of 187

129 The Ridge at Harmony Road Metro District Weld County, Colorado Limited Mill General Obligation Bonds 1 RHRMD 1 Cover 7/19/2018 Table of Schedules Assumptions Preliminary as of 07/19/2018 District #2-20 Year Amortization 5.50% Rate Series % Rate Series % Rate Series 2024 New Money - Residential 35 Mill Bond Levy 4 Mill O&M Levy Assumes 98.50% of Revenue Available for Debt Service 5.75% Rate Series 2015 Issue Term Repayment Source Par Amount Project Fund Proceeds Proceeds at Close to Series Year Term Residential $22,995,000 $21,535,381 $0 Series Year Term Residential $9,995,000 $9,245,325 Total $32,990,000 $30,780,706 $0 1. Cover Page 2. Schedule of Revenue & Debt Service 3. Schedule of Operating Mill Levy & Expense 4. Improved Lot Value 5. Residential Development 6. Assessed Value Summary Series 2021 Residential Debt Service Schedule Sources and Uses of Funds Series 2025 Debt Service Schedule Sources and Uses of Funds Residential PRELIMINARY - FOR DISCUSSION ONLY Page 7/19/ of 187

130 The Ridge at Harmony Road Metro District Weld County, Colorado Limited Mill General Obligation Bonds Schedule of Revenue & Debt Service 1:1 ratio (for lou) for lou is worried a RHRMD now 7 (12/5) producing wells (first 2 May 1 Cashflow New Money - Residential 7/19/ Assessed Value and Bond Levy Revenue e Combined $10,750,000 Cumulative Proper& Bond Levy Revenue Series 2021 Series 2025 Net Annual Cumulative Collection Assessed Bond Property Tax S.O. Development Fee Revenue for Revenue for Available for Debt Debt Debt Surplus/ Surplus/ Year Value Levy AV Tax Revenue Debt Service Debt Service Debt Service Service Service Service Deficit Deficit (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) ################ 98.5% Net of 7.00% ################ Collection Fees Collection Fees , , , , , , ,016, , , , , , , ,115, ,255 22, ,000 1,086,588 1,086,588 1,086,588-1,086,588 2,046, ,578, ,065 38, ,000 1,325,232 1,325,232 1,325, ,325,232 3,371, ,612, ,974 62, ,000 1,560,723 1,560,723 1,560,723 4,044,431 4,044,431 (2,483,708) 888, ,545, ,190,972 84,638-1,275,610 1,275,610 1,275,610 1,155,431 1,155, ,179 1,008, ,891, ,444, ,634-1,546,838 1,546,838 1,546,838 1,481,856 1,481,856 64,982 1,073, ,891, ,444, ,634-1,546,838 1,546,838 1,546,838 1,485,131 1,485,131 61,707 1,134, ,567, ,501, ,739-1,608,712 1,608,712 1,608,712 1,042, ,730 1,581,761 26,950 1,161, ,567, ,501, ,739-1,608,712 1,608,712 1,608,712 1,042, ,730 1,581,761 26,950 1,188, ,309, ,562, ,009-1,673,060 1,673,060 1,673,060 1,087, ,730 1,626,761 46,299 1,235, ,309, ,562, ,009-1,673,060 1,673,060 1,673,060 1,084, ,730 1,624,286 48,774 1,283, ,122, ,624, ,449-1,739,982 1,739,982 1,739,982 1,152, ,730 1,691,811 48,171 1,332, ,122, ,624, ,449-1,739,982 1,739,982 1,739,982 1,150, ,730 1,690,486 49,496 1,381, ,006, ,689, ,067-1,809,582 1,809,582 1,809,582 1,219, ,730 1,758,886 50,696 1,432, ,006, ,689, ,067-1,809,582 1,809,582 1,809,582 1,228, ,730 1,768,161 41,421 1,473, ,967, ,757, ,870-1,881,965 1,881,965 1,881,965 1,301, ,730 1,841,336 40,629 1,514, ,967, ,757, ,870-1,881,965 1,881,965 1,881,965 1,300, ,730 1,839,836 42,129 1,556, ,005, ,827, ,865-1,957,244 1,957,244 1,957,244 1,372, ,730 1,912,511 44,732 1,601, ,005, ,827, ,865-1,957,244 1,957,244 1,957,244 1,375, ,730 1,915,236 42,007 1,643, ,126, ,900, ,059-2,035,533 2,035,533 2,035,533 1,491, ,730 2,031,586 3,947 1,647, ,126, ,900, ,059-2,035,533 2,035,533 2,035,533 1,490, ,730 2,030,236 5,297 1,652, ,331, ,976, ,461-2,116,955 2,116,955 2,116,955 1,572, ,730 2,112,236 4,719 1,657, ,331, ,976, ,461-2,116,955 2,116,955 2,116,955 1,573, ,730 2,112,911 4,044 1,661, ,624, ,055, ,080-2,201,633 2,201,633 2,201,633 1,661, ,730 2,201, ,661, ,624, ,055, ,080-2,201,633 2,201,633 2,201,633 1,657, ,730 2,197,711 3,922 1,665, ,009, ,137, ,923-2,289,698 2,289,698 2,289,698 1,746, ,730 2,286,561 3,137 1,668, ,009, ,137, ,923-2,289,698 2,289,698 2,289,698 1,747, ,730 2,287,711 1,987 1,670, ,489, ,223, ,000-2,381,286 2,381,286 2,381,286 1,840, ,730 2,380, ,671, ,489, ,223, ,000-2,381,286 2,381,286 2,381,286 1,840, ,730 2,379,886 1,400 1,672, ,069, ,312, ,320-2,476,538 2,476,538 2,476,538 1,935, ,730 2,475,361 1,176 1,673, ,069, ,312, ,320-2,476,538 2,476,538 2,476,538 1,936, ,730 2,476, ,673, ,752, ,404, ,893-2,575,599 2,575,599 2,575,599 2,033, ,730 2,572,936 2,663 1,676, ,752, ,404, ,893-2,575,599 2,575,599 2,575,599 2,029, ,730 2,569,517 6,082 1,682, ,542, ,500, ,729-2,678,623 2,678,623 2,678,623 2,674,730 2,674,730 3,893 1,686, ,542, ,500, ,729-2,678,623 2,678,623 2,678,623 2,677,305 2,677,305 1,318 1,687, ,443, ,600, ,838-2,785,768 2,785,768 2,785,768 2,783,280 2,783,280 2,488 1,690, ,443, ,600, ,838-2,785,768 2,785,768 2,785,768 2,781,855 2,781,855 3,913 1,694,244 Assessmenue 65,963,428 4,687,756 73,726,184 73,726,184 73,726,184 47,081,790 24,950,150 72,031,940 1,694,244 Page 130 of 187 PRELIMINARY - FOR DISCUSSION ONLY 7/19/2018

131 The Ridge at Harmony Road Metro District Weld County, Colorado Limited Mill General Obligation Bonds 3 RHRMD Operations 7/19/2018 Schedule of Operating Mill Levy & Expense Projected O&M Property ro Specific Revenue Ne Annual Cumulative Collection Assessed a Mill vev Ownership Available For Operating erv Surplus/ Surplus/ Year Value e Levy 98.5% Dee i Tax Operations Expense rve Deficit Deficit (1) (2) (3) (4) (5) (6) (7) (8) (9) 7.00% 2% Growth/yr ,016, , ,716-12,716 12, ,115, ,915 2,514 38,429-38,429 51, ,578, ,379 4,297 65,675 64,675 1,000 52, ,612, ,911 7, , ,975 1,000 53, ,545, ,111 9, , ,639 1,000 54, ,891, ,052 11, , ,606 1,000 55, ,891, ,052 11, , ,606 1,000 56, ,567, ,654 12, , ,670 1,000 57, ,567, ,654 12, , ,670 1,000 58, ,309, ,520 12, , ,017 1,000 59, ,309, ,520 12, , ,017 1,000 60, ,122, ,661 12, , ,657 1,000 61, ,122, ,661 12, , ,657 1,000 62, ,006, ,087 13, , ,604 1,000 63, ,006, ,087 13, , ,604 1,000 64, ,967, ,811 14, , ,868 1,000 65, ,967, ,811 14, , ,868 1,000 66, ,005, ,843 14, , ,462 1,000 67, ,005, ,843 14, , ,462 1,000 68, ,126, ,197 15, , ,401 1,000 69, ,126, ,197 15, , ,401 1,000 70, ,331, ,885 15, , ,697 1,000 71, ,331, ,885 15, , ,697 1,000 72, ,624, ,920 16, , ,365 1,000 73, ,624, ,920 16, , ,365 1,000 74, ,009, ,317 17, , ,419 1,000 75, ,009, ,317 17, , ,419 1,000 76, ,489, ,090 17, , ,876 1,000 77, ,489, ,090 17, , ,876 1,000 78, ,069, ,253 18, , ,751 1,000 79, ,069, ,253 18, , ,751 1,000 80, ,752, ,824 19, , ,061 1,000 81, ,752, ,824 19, , ,061 1,000 82,145 6,384, ,910 6,831,340 6,749,195 82,145 PRELIMINARY - FOR DISCUSSION ONLY Page 7/19/ of 187

132 The Ridge at Harmony Road Metro District Weld County, Colorado Limited Mill General Obligation Bonds 4 RHRMD Vacant Lot Improved Lot Value Lot Growth Factor 2.0% Residential Units Town Homes Improved Lot Value Assessed Value Completion Year Assessment Year Collection Year Lots Improved Homes Built Remaining Lots Value per Lot Lots Improved Homes Built Remaining Lots Value per Lot 29% , ,672, , , ,050 7,921,936 2,297, , ,132 8,869,124 2,572, , ,245 9,135,198 2,649, , ,393 9,409,254 2,728, , ,575 7,074,818 2,051, , , Total ####### 12,783,875 PRELIMINARY - FOR DISCUSSION ONLY Page 132 of 187 7/19/2018

133 The Ridge at Harmony Road Metro District Weld County, Colorado Limited Mill General Obligation Bonds 5 Residential Development Value Growth Factor 3.0% 3.0% Completion Year Assessment Year Collection Year Residential Units Homes Completed Value per Home Homes Completed Town Homes Residential Construction Value Assessed Value Value per Home 7.20% , ,000 16,720,000 1,203, , ,500 79,219,360 5,703, , ,315 88,691,240 6,385, , , ,597,422 9,331, , , ,485,345 9,610, , , ,322,771 8,015, ,036,138 40,250,602 PRELIMINARY - FOR DISCUSSION ONLY Page 133 of 187 7/19/2018

134 The Ridge at Harmony Road Metro District Weld County, Colorado Limited Mill General Obligation Bonds 6 Development Fees Growth Factor 2.0% Completion Year Residential Units Town Homes Development Fee Revenue Assessment Year Collection Year Homes Completed Revenue Homes Completed Revenue 2,500 2, , , , , , , , , , , , , , , , ,175,000 PRELIMINARY - FOR DISCUSSION ONLY Page 134 of 187 7/19/2018

135 The Ridge at Harmony Road Metro District Weld County, Colorado Limited Mill General Obligation Bonds 7 Assessed Value Summary Tax Assessed Value Completion Assessment Collection Improved Lot Assessed Value Incremental Growth Factor Year Year Year Assessed Value Home Sales Residential AV 4.00% Undeveloped and Improved Lot AV Removed as Homes Built & Sold , , ,812,481 1,203,840 3,016,321-3,016, ,685 5,703,794 5,978, ,653 9,115, ,161 6,385,769 6,462,931-15,578, ,476 9,331,014 9,410, ,135 25,612, (676,986) 9,610,945 8,933,958-34,545, (2,051,697) 8,015,239 5,963,542 1,381,839 41,891, ,891, ,675,654 43,567, ,567, ,742,680 45,309, ,309, ,812,387 47,122, ,122, ,884,883 49,006, ,006, ,960,278 50,967, ,967, ,038,689 53,005, ,005, ,120,237 55,126, ,126, ,205,046 57,331, ,331, ,293,248 59,624, ,624, ,384,978 62,009, ,009, ,480,377 64,489, ,489, ,579,592 67,069, ,069, ,682,776 69,752, ,752, ,790,087 72,542, ,542, ,901,690 75,443, ,443,953 Total - 40,250,602 40,250,602 35,678,231 Total Assessed Value ssed PRELIMINARY - FOR DISCUSSION ONLY Page 7/19/ of 187

136 The Ridge at Harmony Road Metropolitan District Weld County, Colorado Limited Tax General Obligation Bonds, Series Sources & Uses Dated 12/01/2021 Delivered 12/01/2021 Sources Of Funds Par Amount of Bonds... $22,995, Total Sources... $22,995, Uses Of Funds Total Underwriter's Discount (1.500%) , Costs of Issuance , Deposit to Debt Service Reserve Fund (DSRF)... 1,014, Rounding Amount... 21,535, Total Uses... $22,995, Series SINGLE PURPOSE 7/19/2018 1:19 PM George K. Baum & Company Public Finance Page 136 of 187

137 otal$22,95,00.0the Ridge at Harmony Road Metropolitan District Weld County, Colorado Limited Tax General Obligation Bonds, Series Debt Service Schedule Part 1 of 2 Date Principal Coupon Interest Total P+I 12/01/ /01/2022 2,800, % 1,264, ,064, /01/ , % 1,110, ,175, /01/ , % 1,107, ,502, /01/ , % 1,085, ,505, /01/ ,062, ,062, /01/ ,062, ,062, /01/ , % 1,062, ,107, /01/ , % 1,059, ,104, /01/ , % 1,057, ,172, /01/ , % 1,051, ,171, /01/ , % 1,044, ,239, /01/ , % 1,033, ,248, /01/ , % 1,021, ,321, /01/ , % 1,005, ,320, /01/ , % 988, ,393, /01/ , % 965, ,395, /01/ , % 942, ,512, /01/ , % 910, ,510, /01/ , % 877, ,592, /01/ , % 838, ,593, /01/ , % 796, ,681, /01/ , % 748, ,678, /01/2044 1,070, % 697, ,767, /01/2045 1,130, % 638, ,768, /01/2046 1,285, % 576, ,861, /01/2047 1,355, % 505, ,860, /01/2048 1,525, % 430, ,955, /01/2049 1,610, % 347, ,957, /01/2050 1,795, % 258, ,053, /01/2051 2,905, % 159, ,064,775.00T-$25,710,300.0$48,705, SINGLE PURPOSE 7/19/2018 1:19 PM 0Series.0George K. Baum & Company Public Finance Page 137 of 187

138 The Ridge at Harmony Road Metropolitan District Weld County, Colorado Limited Tax General Obligation Bonds, Series Debt Service Schedule Part 2 of 2 Yield Statistics Bond Year Dollars... $467, Average Life Years Average Coupon % Net Interest Cost (NIC) % True Interest Cost (TIC) % Bond Yield for Arbitrage Purposes % All Inclusive Cost (AIC) % IRS Form 8038 Net Interest Cost % Weighted Average Maturity Years Series SINGLE PURPOSE 7/19/2018 1:19 PM George K. Baum & Company Public Finance Page 138 of 187

139 otal$22,95,00.0-$25,()()the Ridge at Harmony Road Metropolitan District Weld County, Colorado Limited Tax General Obligation Bonds, Series Net Debt Service Schedule Date Principal Coupon Interest Total P+I DSR CIF Net New D/S 12/01/ /01/2022 2,800, % 1,264, ,064, ,044, /01/ , % 1,110, ,175, (20,293.88) - 1,155, /01/ , % 1,107, ,502, (20,293.88) - 1,481, /01/ , % 1,085, ,505, (20,293.88) - 1,485, /01/ ,062, ,062, (20,293.88) - 1,042, /01/ ,062, ,062, (20,293.88) - 1,042, /01/ , % 1,062, ,107, (20,293.88) - 1,087, /01/ , % 1,059, ,104, (20,293.88) - 1,084, /01/ , % 1,057, ,172, (20,293.88) - 1,152, /01/ , % 1,051, ,171, (20,293.88) - 1,150, /01/ , % 1,044, ,239, (20,293.88) - 1,219, /01/ , % 1,033, ,248, (20,293.88) - 1,228, /01/ , % 1,021, ,321, (20,293.88) - 1,301, /01/ , % 1,005, ,320, (20,293.88) - 1,300, /01/ , % 988, ,393, (20,293.88) - 1,372, /01/ , % 965, ,395, (20,293.88) - 1,375, /01/ , % 942, ,512, (20,293.88) - 1,491, /01/ , % 910, ,510, (20,293.88) - 1,490, /01/ , % 877, ,592, (20,293.88) - 1,572, /01/ , % 838, ,593, (20,293.88) - 1,573, /01/ , % 796, ,681, (20,293.88) - 1,661, /01/ , % 748, ,678, (20,293.88) - 1,657, /01/2044 1,070, % 697, ,767, (20,293.88) - 1,746, /01/2045 1,130, % 638, ,768, (20,293.88) - 1,747, /01/2046 1,285, % 576, ,861, (20,293.88) - 1,840, /01/2047 1,355, % 505, ,860, (20,293.88) - 1,840, /01/2048 1,525, % 430, ,955, (20,293.88) - 1,935, /01/2049 1,610, % 347, ,957, (20,293.88) - 1,936, /01/2050 1,795, % 258, ,053, (20,293.88) - 2,033, /01/2051 2,905, % 159, ,064, (1,034,987.63) - 2,029,787.37T1,603, ,293.88$47,081, SINGLE PURPOSE 7/19/2018 1:19 PM 5Series.8710,300.0$48,705,300.0George K. Baum & Company Public Finance Page 139 of 187

140 The Ridge at Harmony Road Metropolitan District Weld County, Colorado Limited Tax General Obligation Bonds, Series Sources & Uses Dated 12/01/2025 Delivered 12/01/2025 Sources Of Funds Par Amount of Bonds... $9,995, Total Sources... $9,995, Uses Of Funds Total Underwriter's Discount (1.500%) , Costs of Issuance , Deposit to Debt Service Reserve Fund (DSRF) , Rounding Amount... 9,245, Total Uses... $9,995, Series SINGLE PURPOSE 7/19/2018 1:20 PM George K. Baum & Company Public Finance Page 140 of 187

141 otal$9,995,00.00the Ridge at Harmony Road Metropolitan District Weld County, Colorado Limited Tax General Obligation Bonds, Series Debt Service Schedule Part 1 of 2 Date Principal Coupon Interest Total P+I 12/01/ /01/ , , /01/ , , /01/ , , /01/ , , /01/ , , /01/ , , /01/ , , /01/ , , /01/ , , /01/ , , /01/ , , /01/ , , /01/ , , /01/ , , /01/ , , /01/ , , /01/ , , /01/ , , /01/ , , /01/ , , /01/ , , /01/ , , /01/ , , /01/ , , /01/ , , /01/ , , /01/2052 2,135, % 549, ,684, /01/2053 2,255, % 432, ,687, /01/2054 2,485, % 308, ,793, /01/2055 3,120, % 171, ,291,600.00T-$15,754,750.0$25,749, SINGLE PURPOSE 7/19/2018 1:20 PM 0Series.0George K. Baum & Company Public Finance Page 141 of 187

142 The Ridge at Harmony Road Metropolitan District Weld County, Colorado Limited Tax General Obligation Bonds, Series Debt Service Schedule Part 2 of 2 Yield Statistics Bond Year Dollars... $286, Average Life Years Average Coupon % Net Interest Cost (NIC) % True Interest Cost (TIC) % Bond Yield for Arbitrage Purposes % All Inclusive Cost (AIC) % IRS Form 8038 Net Interest Cost % Weighted Average Maturity Years Series SINGLE PURPOSE 7/19/2018 1:20 PM George K. Baum & Company Public Finance Page 142 of 187

143 otal$9,995,00.00-()the Ridge at Harmony Road Metropolitan District Weld County, Colorado Limited Tax General Obligation Bonds, Series Net Debt Service Schedule Date Principal Coupon Interest Total P+I DSR Net New D/S 12/01/ /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/ , , (9,995.00) 539, /01/2052 2,135, % 549, ,684, (9,995.00) 2,674, /01/2053 2,255, % 432, ,687, (9,995.00) 2,677, /01/2054 2,485, % 308, ,793, (9,995.00) 2,783, /01/2055 3,120, % 171, ,291, (509,745.00) 2,781,855.00T$15,754,750.0$25,749, ,600.0$24,950, SINGLE PURPOSE 7/19/2018 1:20 PM 0Series.0George K. Baum & Company Public Finance Page 143 of 187

144 MEMORANDUM Date: January 14, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Ian D. McCargar, Town Attorney Re: Service Plan Amendment; The Ridge at Harmony Road Metro District Item #: C.4. Background / Discussion: The Ridge at Harmony Road Metropolitan Districts ("Districts") are seeking approval of a Service Plan Amendment to better-fit the developer's plans and infrastructure needs. The Districts were formed in 2014, following Town Board approval of the initial Service Plan. Since that time, the development of Harmony Ridge has proceeded, and the Districts now need additional approvals. Attached is an Executive Summary of the proposed Service Plan Amendment submitted by David O'Leary, counsel for the Districts. The Executive Summary provides an overview of the reasons behind the Service Plan Amendment, and a description of what is further detailed in the attached First Amendment to Service Plan. Town Special District counsel Carolyn Steffl has reviewed the proposed Service Plan Amendment. Her concerns have been addressed. Both Mr. O'Leary and Ms. Steffl will be present to answer specific questions during the public hearing. Financial Impact: None. Relationship to Strategic Plan: Economic sustainability and vibrancy, safety, quality of life and infrastructure. Recommendation: Approve attached Ordinance. First reading requires simple majority of those participating; final adoption requires five (5) affirmative votes. ATTACHMENTS: Ordinance Approving Service Plan Amendment Page 144 of 187

145 TOWN OF WINDSOR, COLORADO ORDINANCE NO AN ORDINANCE OF THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO, APPROVING THE FIRST AMENDMENT TO THE SERVICE PLAN FOR THE RIDGE AT HARMONY ROAD METROPOLITAN DISTRICT NOS. 1-4, AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN AND THE DISTRICTS WHEREAS, the Town of Windsor, Colorado (the "Town"), is a home rule municipality duly organized and existing under Article XX of the Colorado Constitution; and WHEREAS, the members of the Windsor Town Board (the "Town Board") have been duly elected, chosen and qualified; and WHEREAS, pursuant to the provisions of the "Special District Control Act", Part 2 of Article 1, Title 32, C.R.S, the Town Board approved the Service Plan ( Service Plan ) for Harmony Ridge Metropolitan Districts No. 1, No. 2 and No. 3 on August 21, 2014, and authorized the change of the name of the Districts in April of 2015 to The Ridge at Harmony Road Metropolitan District Nos. 1-3 due to confusion with an adjacent subdivision which was similarly named (collectively referred to as the "Districts"); and WHEREAS, pursuant to the provisions of Chapter 19, Article 1 of the Windsor Municipal Code (the Special District Ordinance ) and Section (2), C.R.S., the representatives of the Districts submitted to the Town Board a First Amendment to the Service Plan for The Ridge at Harmony Road Metropolitan Districts Nos. 1-4 (the First Amendment ) dated November 26, 2018, which was revised and resubmitted January 4, 2019 with comments from staff and consultants of the Town, which First Amendment, adopted language changes to create a separate District No. 4 to contain all commercial development within the Districts, to update the District boundaries, to update the public improvements infrastructure plan, to update the financial plan for the Districts, and to update the Service Plan to add additional language provided in the current Town Model Service Plan, its approved format and content, but did not change the service area, outer boundaries, powers or authorities provided for in the original Service Plan of the Districts; and WHEREAS, pursuant to the provisions of the Special District Ordinance, the representatives of The Ridge at Harmony Road Metropolitan District Nos. 1-4 (the "Districts") submitted to the Town Board the First Amendment to the Service Plan on November 26, 2018 and resubmitted January 4, 2019 a copy of which is attached hereto and incorporated herein by this reference as if set forth fully herein (the First Amendment ), which outlines the terms and conditions under which the Districts will be authorized to exist; and WHEREAS, the First Amendment asks for increases in maximum debt authorization to $36 million, but does not increase the total combined mill levy for debt and operations and maintenance of 39 mills, and proposes the debt increase/authorization for only the undeveloped portions of Denver Page 145 of 187

146 District Nos. 1 and 3 and the new proposed District Nos. 4 based upon a Financial Plan that demonstrates the financial feasibility of both operations and maintenance costs as well as discharge of any proposed debt of the Districts in the structure and format provided for in the text of the current Town Model Service Plan; and WHEREAS, pursuant to Sections and 204.5, C.R.S. and Town Code Section , as amended, the First Amendment for the Districts has been reviewed by the Town Attorney, Special Counsel and Town Manager, and has now been submitted to the Town Board for the Town of Windsor, Colorado (the Town Board ) for its final approval; and WHEREAS pursuant to Article XV of the Town of Windsor Home Rule Charter (the "Town Charter"), and the Special District Ordinance, the Town Board has full authority to create by ordinance special districts within the Town; and WHEREAS, the Town Board has considered the First Amendment to the Service Plan, and all other testimony and evidence presented; and WHEREAS, Town Board's approval of the Service Plan is subject to and based upon those conditions and limitations contained in the First Amendment; and WHEREAS, the Town Board further finds that it is in the best interests of the citizens of Windsor to authorize the appropriate Town officials to enter into an intergovernmental agreement with the Districts in a form finally approved by the Town Attorney to incorporate any updates and changes deemed necessary and appropriate; and WHEREAS, the Town generally accepts the formation of Districts where it is demonstrated that the formation of Districts is needed to provide public services or facilities to local development and will result in enhanced benefits to existing or future residents or business owners of the Town or the Districts, whether such enhanced benefits are provided by the Districts or made possible to be provided by the developer because the Districts exist to provide public improvements; and WHEREAS, the Districts will be permitted to conduct ongoing operations and maintenance activities where it can be demonstrated that having the Districts provide operations and maintenance is in the best interest of the Town and the existing or future residents and taxpayers of the Districts; and WHEREAS, the Town Board's approval of the First Amendment to the Service Plan is subject to and based upon those conditions and limitations contained in the First Amendment and attached to and incorporated into this Ordinance as Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO: Section 1. The above and foregoing recitals are incorporated herein by reference and are adopted as findings and determinations of the Town Board Denver Page 146 of 187

147 Section 2. The Town Board hereby determines that all of the jurisdictional and other requirements of the Special District Ordinance and the Town Charter have been fulfilled, including those relating to the filing and form of the First Amendment and that notice of the public meetings on this Ordinance was given in the time and manner required by law and the Town Charter. Section 3 The Town Board further determines that all pertinent facts, matters and issues were submitted at the first and second reading of this Ordinance; that all interested parties were heard or had the opportunity to be heard; and, that evidence satisfactory to the Town Board was of each of the following was presented: a. There is sufficient existing and projected need for continued organized service in the area to be served by the Districts; b. The existing service in the area to be served by the Districts is not adequate for present and projected needs; c. The Districts are capable of providing economical and sufficient services to the area they intend upon serving; d. The area to be included within the Districts has, or will have the financial ability to discharge the proposed indebtedness on a reasonable basis. Section 4. The Town Board hereby approves the First Amendment. The services and facilities to be provided by the Districts and the powers provided by the Districts shall be subject to the limitations expressed in the First Amendment set forth in Exhibit A. Any material departure by the Districts from the provisions of the Service Plan must be approved by resolution or ordinance of the Town Board as applicable. Section 5. The officers of the Town are authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance. Section 6. This Ordinance shall take effect ten (10) days after publication following final adoption. Section 7. The Mayor and the Town Clerk are hereby authorized to execute, on behalf of the Town of Windsor, if and when necessary, an Intergovernmental Agreement between the Town of Windsor, Colorado and The Ridge at Harmony Road Metropolitan District Nos. 1-4 (the "Town IGA") with such technical additions, deletions, and variations as the Town Attorney may deem necessary or appropriate and not inconsistent with this Ordinance. Section 8. All acts, orders, resolutions, or parts thereof, of the Town that are inconsistent or in conflict with this Ordinance, are hereby repealed to the extent only of such inconsistency or conflict Denver Page 147 of 187

148 Section 9. Should any part or provision of this Ordinance be adjudged unenforceable or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 10. The Town Clerk is hereby directed to advise the representatives of the Districts in writing of this action and to attach a certified copy of this Ordinance for the purpose of filing the same with the District Court of Weld County. Section 11. Any reconsideration of this Ordinance is hereby waived. INTRODUCED, READ, AND ORDERED PUBLISHED BY THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO, UPON A MOTION DULY MADE, SECONDED AND PASSED AT ITS MEETING HELD ON THE 14th DAY OF JANUARY, TOWN BOARD TOWN OF WINDSOR By:, Mayor I hereby certify that the above Ordinance was introduced to the Town Board of the Town of Windsor at its meeting of January 14, 2019, and posted or published in accordance with the Town Charter on, ATTEST: SEAL By:, Town Clerk APPROVED AS TO FORM: Town Attorney Town Manager Denver Page 148 of 187

149 Passed on second reading, and ordered published this 28th day of January, TOWN OF WINDSOR, COLORADO By:, Mayor I hereby certify that the above Ordinance was finally adopted by the Town Board of the Town of Windsor at its meeting of the 28th day of January, 2019, and published by title only, with amendments if any, one time by the Greeley Tribune. ATTEST: SEAL By:, Town Clerk Denver Page 149 of 187

150 Exhibit A Conditions of Approval or Limitations (if any) Denver Page 150 of 187

151 MEMORANDUM Date: January 14, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Eric Lucas, Director of Parks, Recreation & Culture Re: Ordinance Repealing and Re-Adopting Portions of Chapter 7, Article IV of the Windsor Municipal Code Item #: C.5. Background / Discussion: This is the second reading of the proposed ordinance. No changes have been made to the proposed ordinance. Consideration of the addition of a Homeowner Landscaping Assistance Program is included in the narrative as well as a subsequent attachment which outlines the program. These options are presented in response to the Board discussion that ensued during the first reading on December 10, As seen below, the code currently means that any trees, shrubs or hedges in, over or upon the public right of way of any street, alley, sidewalk or other public place within Town is the Town s responsibility to maintain. With the continued buildout of the community as well as continued maturity of trees, shrubs and hedges throughout town, complaints and concerns regarding trees and shrubs impeding sidewalks, traffic signs and sight lines have increased and the burden of maintenance is entirely placed upon the forestry division staff and its associated budget. Sec Duty of the Town to trim and maintain trees in public places. It shall be the duty of the Town to trim, prune, remove or destroy any trees, shrubs or hedges in, over or upon the public right-of-way of any street, alley, sidewalk or other public place within the Town. Staff met with Town Board on September 10, 2018 in a work session to show examples of the issues currently facing the Town and to provide a recommended path forward. Discussion centered around enforcement and assisting homeowners who may need help with the cost of removal or trimming of trees, shrubs or hedges. If approved, the ordinance as proposed will place the responsibility for the trees, shrubs and hedges on the private property owner. Enforcement will be handled by Police Code Enforcement, which is how we currently operate and if expenses are incurred by the property owner to remediate a code violation it shall be the property owners responsibility. If a homeowner is unable to perform the work themselves, the Town will provide a list of contractors they may seek out to perform the work. If the homeowner fails to perform the work and the Town needs to either perform the work in house or contract the work out a lien will be placed on the property based on the cost of the work. At the September 10, 2018 work session the Board shared concerns for homeowners who may not have the financial means to pay for the work. Subsequently, staff included $10,000 in the approved 2019 budget to aid in homeowners who were in need of financial assistance. The proposed homeowner landscaping assistance program operates identical to the current scholarship program operated by the PRC Department for hardship cases regarding recreation center memberships and programs. If a homeowner does not have the ability to remediate a code violation (financially), they may apply for monetary assistance by completing the form and providing all necessary background information and if funding exists. If approved they can receive a reimbursement up to $1,000 per household toward the cost of the remediation if they utilize a certified arborist for tree work over 15 feet in height or a landscaping company for trees under 15 feet in height and for all non-tree related work. Please see the attached draft of the program included with this agenda item. At the Board meeting staff will be seeking adoption of the ordinance on second reading as well as direction from the Board in regard to how they would like to proceed when homeowners are unable to pay for work needed. The options presented include placing a lien on the property or utilizing the proposed Homeowner Landscaping Assistance Program Page 151 of 187

152 if eligible and funding exists. Financial Impact: The potential impact if adopted is $10,000 which is the amount staff has recommended be placed in a fund to help offset costs of residents who are able to prove that they have a hardship and need some assistance with removal or trimming of trees, shrubs or hedges that are their responsibility if the ordinance is adopted as proposed. Recommendation: Staff recommends adoption of the ordinance as written. Staff is seeking Board direction in regard to how to proceed with homeowners unable to pay for work related to code violations. Options include placing a lien on the property or utilization of the proposed Homeowner Landscaping Assistance Program if eligible and funding exists. ATTACHMENTS: ROW Tree Ordinance Howmeowner Landscaping Assistance Program Page 152 of 187

153 TOWN OF WINDSOR ORDINANCE NO AN ORDINANCE REPEALING, AMENDING AND RE-ADOPTING PORTIONS OF CHAPTER 7, ARTICLE IV OF THE WINDSOR MUNICIPAL CODE WITH RESPECT TO TREES IN, OVER AND UPON PUBLIC STREETS IN THE TOWN OF WINDSOR WHEREAS, the Town of Windsor ( Town ) is a Colorado home rule municipality, with all powers and authority vested under Colorado law; and WHEREAS, the planting and maintenance of trees, bushes and other vegetation promotes the public health, safety and welfare through beautification, air quality effects and shade; and WHEREAS, the Town s significant growth has resulted in developer-initiated landscaping installations along Town-owned right-of-way, with negotiated agreements for future maintenance of developer-planted trees and bushes; and WHEREAS, those portions of Town that were developed prior to the Town s practice of requiring developers to maintain trees along Town-owned right-of-way are subject to a provision in the Windsor Municipal Code requiring the Town to maintain trees, bushes and vegetation in, under and upon Town-owned right-of-way; and WHEREAS, the responsibility for tree, bush and vegetation maintenance should rightly fall upon the private property owner upon whose property the vegetation is primarily rooted; and WHEREAS, the Town Forester has recommended that responsibility for maintenance of trees, bushes and vegetation along Town-owned right-of-way be re-allocated to private property owners, subject to the terms of this Ordinance; and WHEREAS, the Town Board has given due consideration to the Town Forester s recommendation, and is prepared to implement it by adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO, AS FOLLOWS: Section 1. Section of the Windsor Municipal Code is hereby repealed, amended, renumbered and re-adopted to read as follows: 1 Page 153 of 187

154 Sec Authority of the Town to require trimming and maintenance of trees, shrubs and hedges in public places. (a) Town General Authority. The Town shall have the authority pursuant to this Section to require the trimming, pruning, removal or destruction of any trees, shrubs or hedges in, over or upon the public right-of-way of any street, alley, sidewalk or other public place within the Town. Nothing herein shall be deemed to impose a duty on the Town to undertake action or expend funds pursuant to the authority granted under this Section. (b) Nuisance Declaration. Except in cases of emergency, the Town shall make reasonable efforts with property owners to informally and cooperatively assure the trimming, pruning, removal or destruction of any trees, shrubs or hedges in, over or upon the public right-of-way of any street, alley, sidewalk or other public place within the Town. In the event such informal efforts do not result in satisfactory property owner compliance, the Town shall have the authority to declare a nuisance and abate the nuisance as provided below. In cases of emergency, the Town shall have the authority to immediately declare a nuisance under this Section. (c) Abatement and Enforcement. The powers and duties of the Town with respect to enforcement of the trimming, pruning, removal and destruction of trees, shrubs, or hedges under this Section, and the abatement of nuisances declared hereunder, shall be exercised in accordance with the nuisance abatement provisions of Article I of this Chapter. Section 2. Former Sections , and are hereby repealed in their entirety. Introduced, passed on first reading, and ordered published this 10 th day of December, TOWN OF WINDSOR, COLORADO ATTEST: Krystal Eucker, Town Clerk By Kristie Melendez, Mayor [Seal] Introduced, passed on second reading, and ordered published this 14 th day of January, Page 154 of 187

155 TOWN OF WINDSOR, COLORADO ATTEST: Krystal Eucker, Town Clerk By Kristie Melendez, Mayor [Seal] 3 Page 155 of 187

156 Town of Windsor 250 N. 11 th St. Windsor, CO windsorgov.com Homeowner Landscaping Assistance Program Guidelines / Application The Town of Windsor has established a program to assist Windsor homeowners who have demonstrated financial need. This program is available only to Windsor residents and can only be used if funds are available. Persons meeting the qualifications as established below will receive assistance with their registration fees, up to $1,000 per household per year (May 1 April 30). The amount awarded is the maximum amount and will only be available for use if funds are available. To qualify for reduced fee consideration, the following guidelines must be met: 1. Income within federal low income guidelines (as shown below), and/or participation in state or federal assistance program (as listed on the application). a. If you receive assistance through any county, state, or federal program(s), you must provide current verification specifying an expiration date, as well as your most recent tax return to verify household dependents. b. A copy of your full 2018 tax return, including all schedules and proof of IRS transmittal page must be attached to this application. 2. Proof of residency within the Town of Windsor will require a property tax certificate, Town of Windsor utility bill, or current rental agreement. 3. Once approved, resident homeowner must provide proof (receipt), of the work being completed by a certified arborist for tree work over 15 feet in height or a landscaping company for trees under 15 feet in height and for all non-tree related work Poverty Guidelines as provided by the U.S. Department of Health & Human Services (Medicaid.gov poverty guidelines table) Persons in family For each additional member, add: 100 % Reduction (Federal Poverty Guidelines) 75% Reduction 50% Reduction 1 $0 - $12,140 $12,141 - $18,210 $18,211 - $24,280 2 $0 $16,460 $16,461 $24,690 $24,691 - $32,920 3 $0 $20,780 $20,781 - $31,170 $31,171 - $41,150 4 $0 $25,100 $25,101 - $37,650 $37,651 $50,200 5 $0 $29,420 $29,421 - $44,130 $44,131 - $58,840 6 $0 $33,740 $33,741 - $50,610 $50,611 - $67,480 7 $0 $38,060 $38,061 - $57,090 $57,091 - $76,120 8 $0 $42,380 $42,381 - $63,570 $63,571 - $84,760 $4,320 $6,480 $8,640 Page 156 of 187

157 Application for Homeowner Landscaping Assistance Program PLEASE PRINT LEGIBLY Today s Date Applicant Information Last Name First Name Birth Date Gender Street Address City State Zip M F Home Phone Cell Phone Address Please list YOURSELF and ALL members of your household. Name Date of Birth Grade Gender Relationship Applying for program? M F Self Y N M F Y N M F Y N M F Y N M F Y N M F Y N M F Y N Income Gross annual income includes wages, unemployment compensation, worker s compensation, public assistance payments, alimony/child support payments, pensions, SSI, retirement income, veteran s payments, social security payments, disability payments, student loans/grants, contributions from people not living in the household, or other income. The gross income amount taken from the 2018 IRS tax form 1040 will be the only accepted proof of income. Only dependents that are listed on your tax form will be eligible to participate in this program. Please state total gross (gross = before taxes) household income from your 2018 tax return and attach a copy of tax return to this application. $ Assistance Programs Page 157 of 187

158 Please mark any assistance programs in which you and your family are currently enrolled. Current documentation verifying current enrollment in a program and eligibility expiration date must accompany this application. TANF (Temporary Assistance for Needy Families) AND (Aid to the Needy Disabled) WIC (Women, Infants, & Children) Medicaid OAP (Old Age Pension) CCAP (Childcare Assistance Program) Assistance Programs (please check all that apply) Medicare Childcare Assistance Free/Reduced School Lunches SSI/SSDI (Supplemental Security Income/SS Disability Income) Self-sufficiency Program Foster Care CHP+ (Child Health Plan Plus) Food Stamps Other (please list) LEAP (Low-income Energy Assistance Program) Subsidized Housing Please allow at least ten business days for processing of the application. If you have any questions about the application, or the reduced fee program, please call the Business Office at If the application for reduced fees is approved you will receive an approval letter, explaining the benefits for which you and your family are eligible. Did you remember to attach copies of: Proof of Residency (utility bill, lease agreement, property tax statement) 2018 Complete Tax Return, including all schedules and proof of transmittal to IRS Verification of Assistance Programs, if applicable (from programs checked above) Verification I hereby verify that the information stated on this application is true. Applicant Signature Date OFFICE USE ONLY Reduction Rate If Approved Approved Not Approved Staff Initials Date Approved Not Approved Staff Initials Date Page 158 of 187

159 MEMORANDUM Date: January 14, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Ian D. McCargar, Town Attorney Re: IGA for Water Treatment Plant Property Acquisition Item #: C.6. Background / Discussion: Following considerable study and negotiation, a 150-acre site for a future water treatment plant has been identified. Approval of the attached IGA will facilitate the acquisition of the property by four interested entities: the Town of Windsor, the Town of Severance, the Town of Eaton, and the Fort Collins-Loveland Water District. Each of the entities is contributing 25% of the $1M purchase price. The property will held in common until the formation of a water treatment authority. The treatment authority will be formed once we are confident the NISP project is a "go". Once the treatment authority is formed, the land will be transferred to the authority, and held by the authority for water treatment purposes. If the NISP project is not approved, or if a participant withdraws from the the treatment plant group or NISP project, the land will either be retained by one or more of the participants or sold to a third party. The IGA lays out how the parties buy out one another, or sell the property to a third party. Financial Impact: $250,000, paid out of the Water Fund Relationship to Strategic Plan: Quality of Life; Infrastructure Recommendation: Approve Resolution No ATTACHMENTS: Water Treatment Plant site map (detail) Water Treatment Plant map (regional) Intergovernmental Agreement for the Acquisition of Real Property for Water Treatment Facilities Resolution Approving Intergovernmental Agreement for the Acquisition of Real Property for Water Treatment Facilities Page 159 of 187

160 Legend Parcels proposed 150 acre water treatment plant site Address Label Highway County Boundary 20,025 3, : 15,227 2,537.9 WGS_1984_Web_Mercator_Auxiliary_Sphere Weld County Colorado 0 1, ,537.9 Feet This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Page 160 of 187 Notes

161 Page 161 of 187

162 INTERGOVERNMENTAL AGREEMENT CONCERNING PURCHASE OF REAL PROPERTY FOR PROSPECTIVE WATER TREATMENT PLANT THIS INTERGOVERNMENTAL AGREEMENT ( Intergovernmental Agreement ) is made and entered into on the Effective Date, as defined below, by and among the TOWN OF EATON, a statutory town and political subdivision of the County of Weld, State of Colorado, the TOWN OF SEVERANCE, a statutory town and political subdivision of the County of Weld, State of Colorado, the TOWN OF WINDSOR, a home rule municipality and political subdivision of the Counties of Weld and Larimer, State of Colorado, and the FORT COLLINS- LOVELAND WATER DISTRICT, a quasi-municipal corporation and political subdivision of the County of Larimer, State of Colorado (individually, Party and, collectively, the Parties ). RECITALS WHEREAS, the Parties are authorized and empowered to supply water for domestic and other public and private purposes by any available means, and to provide all necessary property, diversion works, reservoirs, treatment works and facilities, equipment and appurtenances incident thereto; and WHEREAS, the Parties anticipate an increased need for treated water service as their populations continue to grow and recognize that the establishment of water treatment facilities in the near future is reasonable and necessary to serve anticipated customer demand; and WHEREAS, the Northern Integrated Supply Project ( NISP ) is a proposed water storage and distribution project that will provide new and reliable water supplies; and WHEREAS, the U.S. Army Corps of Engineers anticipates the completion of a final environmental impact statement in 2018 and a record of decision regarding the development of the project in 2019; and WHEREAS, the Parties each have contractual rights to participate in NISP; and WHEREAS, to establish water treatment facilities and utilize the anticipated NISP water rights, the Parties have been working cooperatively to develop infrastructure for the treatment and delivery of the NISP water to their citizens though a shared infrastructure project, which includes the potential construction of water treatment facilities; and WHEREAS, in furtherance of the possibility of constructing water treatment facilities, the Parties have an opportunity to purchase real property consisting of approximately 150 acres generally located in the West 1/2 Section 30, Township 8 North, Range 67 West of the 6 th P.M., Weld County, Colorado, and generally depicted on Exhibit A attached hereto and incorporated herein by reference ( Property ), which Property shall be more fully defined subsequent to completion of due diligence and a survey; and WHEREAS, the Parties desire to jointly purchase the Property and thereafter hold the Page 1 of 6 Page 162 of 187

163 Property until NISP is approved and the Parties are assured that the NISP facilities and related infrastructure will be constructed, at which point the Parties anticipate establishing a water authority, as defined in Section , C.R.S., and conveying the Property to such water authority; and WHEREAS, to effectuate the purchase of the Property, the Parties anticipate entering into a Contract to Buy and Sell Real Estate (Land) ( Purchase Contract ); and WHEREAS, the Parties desire to enter into this Intergovernmental Agreement for the purpose of memorializing their current intent and coordinating their efforts with respect to the purchase of the Property and the potential establishment of water treatment facilities to utilize their NISP water rights; and WHEREAS, Colorado Constitution Article XIV, Section 18(2), and Section , C.R.S., authorize the Parties to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each of the cooperating or contracting units, which may include the sharing of costs or debt; and WHEREAS, the Parties have determined that the execution of this Intergovernmental Agreement achieves greater efficiencies for the provision of services to the public and is the best interests of each Party hereto. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties hereto agree as follows: 1. RECITALS AND EFFECTIVE DATE: The Parties recognize and agree that the Recitals set forth above are true and correct and are incorporated into this Intergovernmental Agreement as if fully set forth herein. The effective date of this Agreement shall be the date that it is executed by all the Parties ( Effective Date ). 2. PURCHASE OF PROPERTY: On the condition that the Parties are able to reach agreement with the seller of the Property on the terms of the purchase and enter into a Purchase Contract, the Parties hereby agree to take all reasonable steps to effectuate the purchase of the Property and to split evenly any costs associated therewith. If the Parties mutually determine that the purchase of the Property is warranted after due diligence is conducted pursuant to the Purchase Contract, the Parties agree to purchase the Property for One Million Dollars ($1,000,000). The Parties shall each pay one-quarter, or twenty-five percent (25%), of the purchase price in the amount of Two Hundred Fifty Thousand Dollars ($250,000) each. Each Party recognizes and agrees that it has good and sufficient funds to purchase the Property and no Party will incur debt, in the form of a loan or otherwise, to acquire the Property. The Property shall, at no time, be subject to a deed of trust, mortgage, lien or any other security interest. The Parties shall hold the property as tenants in common. Once purchased, the Parties agree to split evenly all costs related to and associated with the Property until a Water Authority is created, as set forth in Paragraph 4 below. 3. FEASIBILITY STUDY: The Parties have obtained an initial feasibility study conducted by Black & Veatch dated June 6, Subsequent to the purchase of the Property, if a majority of the Parties hereto ascertain that an additional study is warranted to determine, among other potential issues, the size and scope of the anticipated water treatment plant, whether the water Page 2 of 6 Page 163 of 187

164 treatment plant will have the capability to treat water from sources other than NISP and whether the water treatment plant will have the capability to treat NISP water delivered from other governmental entities, then the Parties agree to commission a subsequent study and split the cost of such subsequent study evenly. 4. CREATION OF A WATER AUTHORITY: At some reasonable time after approval of NISP, the Parties agree to enter into a contract pursuant to Section , C.R.S., establishing a separate governmental entity to develop the water resources, systems and facilities ( Water Authority ). The Parties shall thereafter convey the Property to the Water Authority. 5. SALE OF THE PROPERTY: In the event any Party desires to sell such Party s ownership interest in the Property prior to the establishment of a Water Authority, the remaining Parties agree to purchase such Party s ownership interest for the amount originally paid plus interest at the average annual interest rate the municipality has earned on its general funds during the preceding twelve (12) months compounded annually, or for the fair market value at the time of the sale, whichever is less. By mutual agreement, the Parties remaining subject to this Intergovernmental Agreement may agree upon a different allocation for the purchase of the Property. If all the Parties desire to sell the Property prior to the establishment of a Water Authority, then the Property may be sold to a third-party purchaser for the fair market value, with the net proceeds to be divided among the Parties in proportion to each Party s contribution towards the purchase of the Property. In the event any Party desires to sell such Party s share of the Property subsequent to the establishment of a Water Authority, then such Party must sell pursuant to the terms of the establishing contract for the Water Authority. 6. NISP NOT APPROVED: The Parties anticipate that NISP will be approved in 2019 or shortly thereafter. If NISP is not approved and all the Parties desire to sell the Property, then the Property shall be sold to a third-party purchaser for the fair market value. If NISP is not approved and one of the Parties desires to retain the Property, then such Party shall pay the remaining Parties the fair market value. If more than one Party desires to retain the Property and such Parties, after reasonable negotiations not exceeding sixty (60) days, are unable to agree upon who is entitled to purchase the Property, then the Property shall be sold to a third-party purchaser for the fair market value. 7. WITHDRAWAL: Notwithstanding any term contained herein, any Party, in such Party s sole discretion, may withdraw from the commitments contained in this Intergovernmental Agreement, and no Party is firmly obligated to participate in the establishment of a Water Authority, the construction of a joint water treatment plant or the construction of joint infrastructure for use of the NISP water. Prior to the establishment of a Water Authority, any Party may provide sixty (60) day written notice of its intent to withdraw from this Intergovernmental Agreement. Such Party shall thereafter sell its ownership interest in the Property as set forth in Paragraph 5 above. Subsequent to the joint establishment of a Water Authority, any Party may sell its ownership interest in the Property, if at all, pursuant to the terms of the contract establishing the Water Authority. 8. ANNEXATION: In its discretion, the Town of Severance may annex the Property and the remaining Parties hereto agree not to oppose the annexation. If the Town of Severance chooses to annex the Property, the Town of Severance shall be responsible for the preparation of all documentation and all costs and expenses related to the annexation. Page 3 of 6 Page 164 of 187

165 9. ENTIRE AGREEMENT: This Intergovernmental Agreement, together with the exhibits attached hereto, constitutes the entire agreement among the Parties hereto with respect to the subject matter herein, and supersedes any other agreement concerning the subject matter of this transaction, whether oral or written. This Intergovernmental Agreement shall be binding upon said Parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said Parties. 10. NO THIRD-PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Intergovernmental Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties and nothing in this Intergovernmental Agreement shall give or allow any claim or right of action whatsoever by any other person not included in the Agreement. It is the express intention of the Parties that any entity other than the Parties receiving services or benefits under this Intergovernmental Agreement shall be incidental beneficiary only. 11. SEVERABILITY: If any term or condition of this Intergovernmental Agreement shall be held to be invalid, illegal, or unenforceable, this Intergovernmental Agreement shall be construed and enforced without such provision to the extent that this Intergovernmental Agreement is then capable of execution within the original intent of the parties hereto. 12. MODIFICATION AND BREACH: No modification, amendment, notation, renewal, or other alteration of or to this Intergovernmental Agreement shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the Parties. No breach of any term, provision, or clause of this Intergovernmental Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any Party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. 13. NOTICES: All notices required herein shall be mailed via First Class Mail to the parties representatives at the addresses set forth below: TOWN OF EATON Attn: Town Administrator st Street Eaton, CO With a copy to: Law Office of Avi S. Rocklin, LLC 1437 N. Denver Avenue #330 Loveland, CO TOWN OF SEVERANCE Attn: Town Administrator 3 S. TimberRidge Pkwy, Page 4 of 6 Page 165 of 187

166 With a copy to: Bell, Gould, Linder & Scott, P.C. 318 E. Oak St. Ft. Collins, CO TOWN OF WINDSOR Attn: Town Manager 301 Walnut Street Windsor, CO With a copy to: Town of Windsor Attn: Town Attorney 301 Walnut Street Windsor, CO FORT COLLINS-LOVELAND WATER DISTRICT Attn: District Manager 5150 Sneed Drive Fort Collins, CO With a copy to: Robert G. Cole Collins Cockrel & Cole 390 Union Blvd., Suite 400 Denver, CO NO WAIVER OF GOVERNMENTAL IMMUNITY: No term or condition of this Intergovernmental Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act et seq., as applicable now or hereafter amended. 15. COUNTERPARTS: This Intergovernmental Agreement may be signed in counterparts and sent electronically by , facsimile, or other electronic transmission. Each counterpart, including any electronically transmitted signature, shall constitute an original. 16. AUTHORITY TO SIGN: The persons executing this Intergovernmental Agreement on behalf of each of the Parties expressly represent and warrant that s/he is authorized to execute this Intergovernmental Agreement on behalf of the respective Party. [Remainder of page intentionally left blank.] Page 5 of 6 Page 166 of 187

167 IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Agreement in duplicate of the day and year first hereinabove written. ATTEST: TOWN OF EATON, COLORADO By: Jane Winter, Town Clerk By: Kevin Ross, Mayor Dated:, 2019 ATTEST: TOWN OF SEVERANCE, COLORADO By:, Town Clerk By: Donald McLeod, Mayor Dated:, 2019 ATTEST: TOWN OF WINDSOR, COLORADO By:, Town Clerk By: Kristie Melendez, Mayor Dated:, 2019 ATTEST: FORT COLLINS-LOVELAND WATER DISTRICT By:, Secretary By: James S. Borland, Chairman Dated:, 2019 Page 6 of 6 Page 167 of 187

168 TOWN OF WINDSOR RESOLUTION NO A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR THE ACQUISITION OF REAL PROPERTY FOR WATER TREATMENT FACILITIES 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 and special districts, including the Town of Severance, Town of Eaton and Fort Collins-Loveland Water District ( Treatment Partners ); and WHEREAS, for a considerable time, the Town and the Treatment Partners have been in discussions regarding the potential for establishment of a water treatment facility through cooperative effort; and WHEREAS, the Town and the Treatment Partners commissioned a study to assist in the location of suitable sites for a water treatment facility, and the study has provided recommendations accordingly; and WHEREAS, through negotiations with a particular land owner, the Town and the Treatment Partners have identified a suitable site for a treatment plant; and WHEREAS, the transaction has reached a point where a contract for the purchase of the proposed treatment plant site is necessary and, if closed, will require further understandings as to the ownership and future use of the proposed treatment plant site; and WHEREAS, the Town Attorney has negotiated an Intergovernmental Agreement for the Acquisition of Real Property for Water Treatment Facilities ( IGA ), a copy of which is attached and incorporated herein by this reference; and WHEREAS, the Town Board has reviewed the IGA and finds that the IGA promotes the public health, safety and welfare; 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. Page 168 of 187

169 NOW, THEREFORE, be it resolved by the Town Board for the Town of Windsor, Colorado, as follows: 1. The attached Intergovernmental Agreement Intergovernmental Agreement for the Acquisition of Real Property for Water Treatment Facilities 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 14 th day of January, TOWN OF WINDSOR, COLORADO ATTEST: By: Kristie Melendez, Mayor Krystal Eucker, Town Clerk [Seal] 2 Page 169 of 187

170 MEMORANDUM Date: January 14, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Dean Moyer Re: November Financial Report Item #: C.7. ATTACHMENTS: Financial Report November 2018 Page 170 of 187

171 M O N T H L Y F I N A N C E R E P O R T V o l u m e 7, I s s u e 1 0 N o v e m b e r O V E RV I EW The base 3.2% collections and the.75% expansion collections were both above the target for the monthly budget requirement for November. Through November 2018 Construction Use Tax collections totaled $4,012,193 or 112% of the annual budget. 41 business licenses were issued in November, of which 23 were sales tax vendors. 4 retail licenses closed in November, 2 were Special Events and 1 of which were outside the Town limits. I N S IDE THIS IS S UE S A LES, USE AND PROPE R TY TA X Y E A R - TO-DATE S A LES T AX A L L F UN D EXPENDITURE S GE NERAL FUND E XPE NDI T URES C AP I TA L PROJEC T S T AT US W I N DS OR WONDERL A N D Held Saturday, Dec. 1, residents of all ages delighted in the free activities offered during the town s Windsor Wonderland event. In addition to Santa s annual train arrival, residents also enjoyed tours through Boardwalk Park Museum, hayrides, holiday performances, children s activities, s mores and much more. windsorgov.com/finance Page 171 of 187

172 B U I LDING PERMIT S A N D C O NST R UCT ION USE TAX $800,000 $700,000 $600,000 $500,000 $400,000 November 2018 construction use tax is slightly below our required monthly collection. We collected $283,454 as compared to the monthly requirement of $299,719. $300,000 $200,000 $100,000 $0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monthly Budget Monthly 3.95% Collection S A LES, U SE AND PROPERTY T AX UP DATE B enchmark = 92% Sales Tax Construction Use Tax Property Tax Combined Budget 2018 $8,811,525 $2,927,304 $5,977,104 $17,715,933 Actual 2018 $10,175,597 $3,214,047 $5,905,253 $19,294,897 % of Budget % % 98.80% % Actual Through November 2017 $8,660,530 $2,938,325 $5,481,498 $17,080,353 Change From Prior Year 17.49% 9.38% 7.73% 12.97% CRC Expansion Budget 2018 $2,088,731 $669,300 $2,758,031 CRC Expansion Actual 2018 $2,386,870 $798,146 $3,185,016 CRC Expansion % of Budget % % % Ideally at the end of November you want to see 92% collection rate on your annual budget number. We have exceeded that benchmark in all three categories. Page 2 Volume 7, Issue 10 November 2018 Page 172 of 187

173 N O V E M B E R $1,800,000 $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 Sales Tax Collections in Dollars Monthly 3.2% Budget Monthly CRCEX 0.75% Budget JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC Total sales tax collections for the month of November were 16.9% or $145,222 higher than November The monthly 3.2% collection benchmark is $734,294. Collections for November 2018 came in at $813,744. CRC Expansion sales tax collection for November 2018 was $190,878. The benchmark monthly collection to meet the budgeted projections is $174,061. M O NTH H I GHLIGHTS November is a single collection month, meaning collections came in for sales in the month of October as well as any special event licenses. The collections for November were higher than November of 2017 and above our monthly benchmark. We did not receive any audit or outlier payments in November. We did however receive an outlier payment in January and this one sale put our industry sector well above November year to date compared to All of our other sectors were ahead of year to date November 2017, including the lodging sector that had been slightly behind 2017 until November. L O O K ING FORW ARD 3.2% COLLECTIONS The town budgeted $8.8M for this portion of sales tax for 2018 making our average monthly collection requirement $734,294. November collections were above this mark at $813, % COLLECTIONS Our monthly budget requirement is $174,061. We collected $190,878 in November % TOTAL For 2018 we budgeted $10.9M in total for the combined 3.95% sales tax rate. Through November we have collected $12.5M. If we maintain this pace through the year we will come in at collections of $13.6M. windsorgov.com/finance Page 3 Page 173 of 187

174 Y EAR-TO- D A T E SALES T A X C OL LECT I ONS $14,000,000 $12,000,000 $10,000,000 $8,000,000 Year-to-Date Sales Tax Collections Through November November year-to-date collections are up over 2017 collections by 17.49% or $1,870,457. $6,000,000 $4,000,000 $2,000,000 $ Sales Tax Base 3.2% Sales Tax 0.75% S A LES TAX REVENUE BY G E O C OD E THE HIGHLANDS 2.9% WESTGATE BUSINESS 1.8% PTARMIGAN BUSINESS 0.7% SPECIAL EVENTS 0.3% HALL IRWIN 0.2% JACOBY FARM 5TH FILING 2.0% KING SOOPERS 19.1% NO LOCATION 36.5% BRUNNER FARMS 3.9% SAFEWAY 4.9% BRANDS EAST 1.9% SHOPS AT WESTWOOD 5.4% WINDSOR TOWN CENTER 1.8% DOWNTOWN (NOT IN DDA) 3.5% INDUSTRIAL TECH CENTER 2.6% WATER VALLEY NORTH 2.9% WATER VALLEY SOUTH 0.0% SOUTHGATE 3.1% BROE 0.0% RIVER VALLEY CROSSING 0.2% DDA 3.9% HOME BASED 0.5% BOARDWALK PK 0.0% EAGLE CROSSING 1.5% WIN/SEV COMMERCIAL CORRIDOR 0.3% The King Soopers Center remains the largest local driving force in sales tax collections. S A LES TAX REVENUE BY I N DUSTRY Y EAR-TO- D A T E SALES T A X This graph details industry sector sales tax collections. As we have discussed on numerous occasions, groceries and convenience stores represent our largest sector. Grocery/Convenience/Gas Station dominates the sales tax collections with 23%. Retail & Retail Services 16% Utilities/Telecom/ Communications 13% Restaurants 11% Grocery/ Convience/ Gas Stations 23% Liquor 3% Finance/Leasing/ Rentals 8% Other 4% Construction/ Hardware 10% Auto/Auto related Services 4% Industry 5% Lodging 1% Entertainment/ Recreation 2% Page 4 Volume 7, Issue 10 November 2018 Page 174 of 187

175 N O V E M B E R G E N ERAL F U ND E XP ENDITURES General Fund operating expenditures are slightly below the 92% budget benchmark through November. The Mayor and Board department reflects the Town contribution to the Windsor DDA for the purchase of the Bertsch property. The Safety department reflects the addition of a Risk Manager position hired in November and not included in the original 2018 budget. Department Current Month YTD Actual 2018 Budget % of Budget 410 Town Clerk/Customer Service $72,913 $620,411 $734, % 411 Mayor & Board $34,120 $876,380 $653, % 412 Municipal Court $1,411 $16,910 $20, % 413 Town Manager $47,437 $393,917 $375, % 415 Finance $86,074 $782,530 $816, % 416 Human Resources $51,382 $497,855 $608, % 417 Communications $25,658 $197,674 $298, % 418 Legal Services $22,434 $402,156 $454, % 419 Planning $73,170 $634,793 $722, % 420 Economic Development $29,522 $315,096 $351, % 421 Police $492,085 $4,299,408 $4,510, % 428 Recycling $4,369 $45,651 $85, % 429 Streets $146,151 $1,448,688 $1,596, % 430 Public Services $35,200 $329,912 $390, % 431 Engineering $107,436 $891,930 $909, % 432 Cemetery $15,365 $126,925 $157, % 433 Community Events $6,065 $152,050 $147, % 450 Forestry $37,127 $318,918 $410, % 451 Recreation Programs $133,129 $1,594,188 $1,833, % 452 Pool/Aquatics $6,533 $300,095 $345, % 453 Open Space/Trails $12,674 $124,404 $131, % 454 Parks $144,748 $1,164,716 $1,474, % 455 Safety/Loss Control $11,059 $21,069 $8, % 456 Art & Heritage $24,596 $277,692 $377, % 457 Town Hall $23,498 $257,922 $460, % C O MBINED REVENUE A N D E XP E ND IT URES Total General Fund Operations $1,644,156 $16,091,290 $17,876, % $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 $0 YTD Revenue YTD Expend Monthly Expend Budget Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec The chart on the left shows monthly revenue compared to monthly expenditure as well as a trend line showing the total 2018 budget expended equally over 12 months. Our monthly budgeted total expenditures equal $5,318,776. In November we collected $3,996,892 in total revenue. windsorgov.com/finance Page 5 Page 175 of 187

176 A L L F U ND S E XP ENSE CH ART Benchmark = 92% General Government Current Month YTD Actual 2018 Budget % of Budget General Fund $1,644,156 $16,091,290 $17,876,535 90% Special Revenue (PIF, CTF, CRC) $450,369 $3,211,829 $6,891,057 47% Community Rec. Center Expansion $1,301,136 $2,848,650 $2,868,243 99% Internal Service $279,215 $3,187,230 $3,433,952 93% Other Entities (WBA, Ec Dev Inc) $157,170 $278,075 $290,165 96% Sub Total Gen Govt Operations $3,832,046 $25,617,074 $31,359,952 82% Enterprise Funds Water-Operations $395,803 $4,559,553 $4,962,937 92% Sewer-Operations $252,735 $1,608,015 $2,280,482 71% Drainage-Operations $43,429 $565,257 $601,944 94% Sub Total Enterprise Operations $691,967 $6,732,825 $7,845,363 86% Operations Total $4,524,013 $32,349,899 $39,205,315 83% plus transfers to CIF and Non-Potable for loan Operations expenditures are at 83% of the annual budget. General Govt Capital Current Month YTD Actual 2018 Budget % of Budget Capital Improvement Fund $326,173 $5,466,638 $11,860,615 46% Enterprise Fund Capital Water $99,048 $3,803,759 $8,538,262 45% Sewer $48,040 $903,614 $3,827,625 24% Drainage $9,866 $69,011 $393,500 18% Sub Total Enterprise Capital $156,954 $4,776,384 $12,759,387 37% Capital Total $483,127 $10,243,022 $24,620,002 42% Total Budget $5,007,140 $42,592,921 $63,825,317 67% Through November, operating and capital expenditure combined to equal 67% of the 2018 Budget. A L L F U ND S E XP ENDITUR ES We are slightly under our total operating budget benchmark for the year. With one month to go it appears that we will finish 2018 under budget. Page 6 Volume 7, Issue 10 November 2018 Page 176 of 187

177 NOVEMBER 2018 MAJOR CAPITAL PROJECT STATUS CHART as of December 1, 2018 windsorgov.com/finance Page 7 Page 177 of 187

178 B u d g e t C a l e n d a r July 1, 2018 August 20, 2018 August 31, 2018 Due date for 2019 personnel requests, to Town Manager. Revenue and proposed five-year Capital Improvement Plan presented in work session with Town Board. Operating budgets due to Finance. September 3-7, 2018 September 10-21, 2018 September 24-28, 2018 Monday Work Sessions October 1-29, Nov. 5, 26, 2018 December 10, 2018 December 15, 2018 Town Manager reviews preliminary budget. Town Manager, Director of Finance and budget team meet with Department Heads to discuss individual preliminary budgets. Finance finalizes and delivers draft of 2019 budget to Town Board. Work sessions with Town Board and Department Heads to discuss 2019 Operating Budgets. Director of Finance presents highlights and summary of 2019 Budget at Regular Town Board Meeting. Public Hearing and Adoption of 2019 Budget. Final mill levy certified to both Weld and Larimer County Commissioners. A D D I T I O N A L I N F O R M A T I O N C A N B E F O U N D A T windsorgov.com/finance Page 178 of 187

179 MEMORANDUM Date: January 14, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Teresa Ablao, Liquor Authority Re: Windsor Local Liquor Licensing Authority Report - 4th Quarter 2018 Item #: 2.a. ATTACHMENTS: Local Liquor Licensing Report Page 179 of 187

180 M E M O R A N D U M Date: December 17, 2018 To: Madam Mayor and Town Board CC: Shane Hale, Town Manager and Krystal Eucker, Town Clerk From: Teresa Ablao, Liquor Authority Re: Windsor Local Liquor Licensing Authority report 4th Quarter 2018 This quarter, the Authority met October 15 and December 17. Below summarizes the activities of the Authority this quarter. Information regarding administrative approvals for this quarter is available from the Clerk s Office. New License Applications: Kum & Go LLC (375 E. Main Street). Fermented Malt Beverage-Off Premises License approved. Renewal and Modification of Premises Applications: The following license renewal was heard on the regular agenda as a public hearing because the applicant had also filed an application for modification of premises: Mini Mart Inc dba Loaf n Jug (1201 Safeway Store (1535 Main St.) - Fermented Malt Beverage-Off Premises license renewal and modification of premises granted. As always, please feel free to contact me anytime if you have any questions or concerns or if you wish additional information included in these reports. Respectfully submitted, Teresa Ablao Liquor Licensing Authority Page 180 of 187