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Agenda Memo

Regular Meeting, April 2, 2026 · item 4O: Second reading and consideration of a motion to adopt Ordinance 8738 amending annexation Ordinances 8728 and 8729 to add legal descriptions … · 4 pages

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City of Boulder City Council Agenda Item Meeting Date: April 2, 2026

Agenda Title Second reading and consideration of a motion to adopt Ordinance 8738 amending annexation Ordinances 8728 and 8729 to add legal descriptions for the two annexation areas of the property located at 915 5th Street; and setting forth related details.

Staff Contact • •

Chandler Van Schaack, Planning and Development Services Hella Pannewig, Senior Counsel

Draft Motion Language Staff requests council consideration of this matter and action in the form of the following motion: Motion to adopt Ordinance 8738 amending annexation Ordinances 8728 and 8729 to add legal descriptions for the two annexation areas of the property located at 915 5th Street; and setting forth related details.

Executive Summary The purpose of this item is for City Council to consider the second reading of Ordinance 8738 (Attachment A) amending annexation Ordinances 8728 and 8729 to add legal descriptions for the two annexation areas of the 915 5th Street property. City Council adopted these two ordinances on January 8, 2026, annexing to the City of Boulder two portions of the 915 5th Street property in a series. Ordinance 8738 will amend both Ordinance 8728 and Ordinance 8729 to add a legal description of the annexation area of each ordinance. The legal descriptions were inadvertently omitted from the ordinances at the time of adoption. Following adoption of Ordinances 8728 and 8729, staff discovered that each ordinance was inadvertently missing Exhibit A, in particular the metes and bounds legal descriptions for the property annexed in each ordinance. On March 5, 2026, City Council passed a motion on consent to introduce on first reading and order published by title only Ordinance 8738.

Council Action Options Option

Outcome

Approve motion language as drafted

If the motion is approved, Ordinance 8738 will be adopted and will amend both Ordinance 8728 and Ordinance 8729 to add a legal description of the annexation area of each ordinance.

Define and adopt a modified motion

Council would need to define any modifications or amendments to the draft motion language and or ordinance. This option would likely require staff to bring back a revised version of the ordinance for consideration at a later time.

Deny the motion or take no action

If this motion is denied, the annexation areas of Ordinance 8728 and Ordinance 8729 would not be clarified. Staff does not recommend this option.

City Council History and Analysis On January 8, 2026, City Council held a public hearing and considered a series annexation request for portions of the property located at 915 5th Street. Council adopted Ordinance 8728 annexing approximately 0.48 acres of land located on the easterly portion of 915 5th Street and Ordinance 8729 annexing approximately 0.48 acres of land located on the westerly portion of 915 5th Street. The staff memorandum for the second reading of annexation Ordinances 8728 and 8729 can be found here.

Following adoption of Ordinances 8728 and 8729, staff discovered that each ordinance was inadvertently missing Exhibit A, in particular the metes and bounds legal descriptions for the property annexed in each ordinance. Ordinance 8738 will amend both Ordinance 8728 and Ordinance 8729 to add a legal description of the annexation area of each ordinance clarifying the area that was annexed by each ordinance. The ordinance would also require rerecording of the annexation ordinances with their legal descriptions attached. On March 5, 2026, City Council passed a motion on consent to introduce on first reading and order published by title only Ordinance 8738.

Fiscal Note This project is part of the P&DS team’s standard workplan and its impacts are incorporated into the annual revenue forecasting as part of the Budget office’s annual budget development. Therefore, review of the project will not have a meaningful fiscal impact past what has already been included in the approved budget. Current Year Estimated Fiscal Impact Fund(s): 2120FD Department(s): Planning & Development Services Program(s): All P&DS programs

Item Beginning Fund Balance Total Forecasted Revenue Total Estimated Expenses Ending Fund Balance(s) After Reserves FTE

FY 2026 Budget

FY 2026 Estimated Impact

FY 2026 Net Change

$18,200,885

$0

$18,200,885

$15,179,491

$0

$15,179,491

$17,735,173

$0

$17,735,173

$12,646,701

$0

$12,646,701

122.65

0

122.65

Three-Year Estimated Fiscal Impact

Item

FY 2026

FY 2027

FY 2028

Total Forecasted Revenue Total Estimated Expenses Net Estimated Impact

$0

$0

$0

$0

$0

$0

$0

$0

$0

Next Steps for City Council Staff requests council consideration of this matter and action in the form of the following motion: Motion to adopt Ordinance 8738 amending annexation Ordinances 8728 and 8729 to add legal descriptions for the two annexation areas of the property located at 915 5th Street; and setting forth related details.

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Attachments Attachment A: Ordinance 8738