April 2 Election & Ballot Question
January 31, 2024
Voters will have the opportunity to elect a Mayor and two Town Council Members and vote on a Town Charter Amendment at the April 2, 2024 election.
City Council Candidates Running for Election
| Position | Candiate |
|---|---|
| Mayor | Robert Axmacher |
| Council Member | Jeramie Holt |
| Council Member | Bill Jenkins |
| Council Member | Lisa Laake |
At the January 9 Town Council Meeting, the Council passed a resolution to ask voters if they would like to amend the Town of Timnath Home Rule Charter to Prohibit Annexation of Mining Permit Land, as outlined in a proposed amendment to the Town Charter.
The election will take place by mail and ballot drop off, with ballots being mailed to registered voters between March 11, 2024 and March 15, 2024. Completed ballots must be returned by 7 p.m. on April 2, 2024; submitted by mail or dropped off at two designated locations: 4800 Goodman Street and 4750 Signal Tree Drive in Timnath.
The official ballot language will ask voters if they want to amend the Town of Timnath Home Rule Charter to Prohibit Annexation of Mining Permit Land:
Ballot Issue 1a
Amending the Town of Timnath Home Rule Charter to Prohibit Annexation of Mining Permit Land
Shall the Home Rule Charter of the Town of Timnath be amended to prohibit the Town from annexing any real property that is encompassed by a permit issued under Colorado’s mined land reclamation statutes where reclamation of the property has not been fully completed to apply such prohibition to pending annexation applications, and to provide that annexations are final and effective only if there are no legal routes to challenge the annexation process?
What does voting for this charter amendment mean?
A “Yes” Vote Means:
- State Continues to Regulate Mining. Voting “Yes” or “No” makes no change to the State continuing to oversee the mining and reclamation and the property owner continuing to be responsible for remediation.
- Preserving Town Boundaries: A “Yes” vote ensures that existing mines not yet annexed on election day remain outside of Timnath’s boundaries until reclamation is complete, maintaining the current geographic status and keeping some mining activities which could potentially be harmful to the environment, nature, wildlife, and communities outside of the Town boundaries.
- Delaying Development: A “Yes” vote may delay the development of properties under mining permits, as development is often a piece used in the reclamation process.
- Continued County Oversight of Land Use: A “Yes” vote allows Larimer/Weld County to retain land use approval authority over properties with mining permits not annexed into the Town, ensuring county-level management and oversight.
- Lesser Demand on Town Staff: Voting “Yes” avoids the use of Town resources, like police protection and public works, for areas under mining permits and not yet annexed.
- Protection Against Unilateral Annexation: This vote protects owners of properties with open mining permits from being unilaterally annexed by the Town, especially in cases of enclaves.
In summary, a “Yes” vote is aligned with maintaining current geographical boundaries by prohibiting the annexation of property under an open mining permit and conserving Town resources while allowing for county-level oversight.
A “No” Vote Means:
- State Continues to Regulate Mining. Voting “Yes” or “No” makes no change to the State continuing to oversee the mining and reclamation and the property owner continuing to be responsible for remediation.
- Alignment with Town Goals: By voting “No,” you allow the Town to make annexation decisions in accordance with the established goals of the Town Comprehensive Plan and Charter and the State constitution. This reflects a commitment to the community’s input and the Town’s existing strategic framework.
- Preserving Property Rights: Voting “No” supports maintaining the existing property rights framework, allowing property owners to petition for annexation under current legal frameworks.
- Town’s Oversight on Development: A “No” vote means the Town, rather than Larimer/Weld County, would exercise land use authority over properties with mining permits once annexed, ensuring a uniform approach to development within the Town’s jurisdiction.
- Minimizing Litigation Risks: A “No” vote reduces the risk of costly litigation that may arise, as the language of the proposed Charter amendment is unclear and would invite litigation to clarify its impact on property rights.
- Generating Tax in the Town: If the Town chose to annex property with an open mining permit, annexed properties would be required to pay the Town’s property, sales, and use tax rates and pay impact fees, aligning with the Town’s fiscal policy and contributing to its revenue stream, and upon development would generate substantial tax revenue for school districts, fire districts, water districts, and library districts.
In summary, a “No” vote indicates a preference for maintaining the current legal, fiscal, and developmental framework of the Town, allowing the Town and the property owners to make annexation-related decisions consistent with Town-established goals and plans, providing the Town with land-use authority and revenue from annexed mining properties.
FAQs:
Understanding Mining, Annexation, Land Use, Zoning, and Regulatory Oversight in Colorado, and Town Charter Amendments
What is Mining?
Mining refers to the extraction of minerals and other valuable materials from the Earth. In Colorado, this typically involves removing resources like coal, metals, gemstones, gravel, and aggregates from various types of deposits. Within the Town of Timnath, “mining” is considered “Resource extraction, processes, and sales establishment” and are Conditional Use in the Regional Commercial and Industrial Zoning Districts.
What is Annexation?
Annexation is the process by which a city or town extends its boundaries to incorporate adjacent land, after which the general regulation of the use of that land comes under its jurisdiction.
What is Land Use Regulation/Control?
Land use or control encompasses the rules and policies governing how land is utilized and managed. This includes designations for residential, agricultural, commercial, or industrial purposes and conserving natural resources. Land use regulation does not include mining regulation, which is performed by the State.
What is Zoning?
Zoning is the division of a municipality into designated areas or “zones” that specify the allowable uses for land and buildings. Zoning regulations control land development, building sizes, and the type of operations conducted in a community.
What Regulatory Agency Oversees Mining?
The Colorado Division of Reclamation, Mining, and Safety (DRMS) is responsible for overseeing mining activities. They ensure that mining is conducted in a safe and environmentally responsible manner, adhering to state laws and regulations. For more information about DRMS, go to drms.colorado.gov.
What is a Home Rule Charter?
The Town of Timnath Home Rule Charter establishes Timnath as a home rule municipality and defines the specific authorities of the Town Council and administrators. The Charter also sets forth guidelines and processes for legislation, financing, and providing specific services within Timnath. We were empowered to make our own charter as a Town, and our community is empowered to make changes and must approve any changes by a majority vote.
How does a Town Charter amendment work?
For additional information, including a timeline of the process of a Town Charter amendment, visit timnath.org/town-charter-amendments.
As a home rule community, changes to the Town of Timnath Charter must receive voter approval via a ballot question. Adding this question to the April 2 ballot follows the Timnath Town Clerk’s verification of signatures collected supporting the charter amendment petition.
To view the full amendment to Timnath Home Rule Charter, click here.
Campaign Disclosure Reports
To view Campaign Disclosure Reports, click here.