town of timnath town council · pdf filetown of timnath town council tuesday, september 26,...

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TOWN OF TIMNATH TOWN COUNCIL

Tuesday, September 26, 2017, Immediately Following the Timnath Development Authority Meeting at 6:00 p.m.

4800 Goodman Street, Timnath, Colorado

1. CALL TO ORDER AND ROLL CALL Mayor Jill Grossman-Belisle Mayor Pro Tem Bryan Voronin Councilmember Bill Neal Councilmember Aaron Pearson Councilmember Paul Steinway

2. AMENDMENTS TO THE AGENDA

Note: The Council may add to this agenda, any item for discussion or action.

3. PUBLIC COMMENT: Note: It is requested that public comments be limited to three minutes. When several people wish to speak with the same position, they are requested to select a spokesperson to state that position.

4. CONSENT AGENDA a. Approval of the September 6, 2017, Town Council Meeting Minutes b. Approval of the Check Register

5. REPORTS

a. Mayor and Council b. Staff

6. BUSINESS

a. ORDINANCE NO. 15, SERIES 2017, PUBLIC HEARING, An Ordinance of the Town of Timnath Approving the Amended Planned Development Overlay District for the Harmony Subdivision

Presented by Matt Blakely, Contracted Community Development Director

b. ORDINANCE NO. 20, SERIES 2017, PUBLIC HEARING, An Ordinance Amending the Official Zoning Map for the Town of Timnath


c. ORDINANCE NO. 21, SERIES 2017, PUBLIC HEARING, An Ordinance Approving the First Amendment to the Amended and Restated Annexation and Development Agreement for the Harmony Subdivision


d. EXECUTIVE SESSION: “For the purposes of discussion concerning the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interests under Section §24-6-402(a), C.R.S.; discussion concerning personnel matters under §24-6-402(4)(f), C.R.S.; discussion regarding positions relative to matters that may be subject to negotiations and development of a strategy for negotiations under §24-6-402(4)(e), C.R.S.; and conferences with the Town’s attorney for purposes of receiving legal advice on specific legal questions under §24-6-402(4)(b), C.R.S.”

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Presented by Robert Rogers, Contracted Town Attorney

7. ADJOURNMENT

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Town of Timnath Regular Meeting Minutes

Wednesday, September 6, 2017 IMMEDIATELY FOLLOWED THE TIMNATH LIQUOR BOARD AND TIMNATH

DEVELOPMENT AUTHORUTY MEETINGS AT 6:00 P.M. Meeting was held at Timnath Administration Building,

4800 Goodman Street, Timnath, Colorado 1. CALL TO ORDER AND ROLL CALL:

Mayor Grossman-Belisle called to order the meeting of the Town Council on Wednesday, September 6, 2017, at 6:06 p.m.

Present: a. Mayor Jill Grossman-Belisle b. Mayor Pro Tem Bryan Voronin c. Councilmember Bill Neal d. Councilmember Aaron Pearson Absent: a. Councilmember Paul Steinway

Also Present: a. April Getchius, Town Manager b. Milissa Peters, Town Clerk c. Robert Rogers, Contracted Town Attorney d. Don Taranto, Contracted Town Engineer e. Matt Blakely, Contracted Community Development Director f. Kevin Koelbel, Contracted Town Planner g. Phil Goldstein, Timnath Resident h. Doug Bennett, Old Timnath Farms Group

2. AMENDMENTS TO THE AGENDA: a. NONE

3. PUBLIC COMMENT ON NON-AGENDA ITEMS:

a. NONE

4. CONSENT AGENDA: a. Approval of the August 22, 2017, Town Council Meeting Minutes b. Approval of the Check Register c. ORDINANCE NO. 15, SERIES 2017, FIRST READING, An Ordinance of the Town of

Timnath Approving the Amended Planned Development Overlay District for the Harmony Subdivision and Setting a Public Hearing on September 26, 2017, at 6:00 p.m.

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d. ORDINANCE NO. 20, SERIES 2017, FIRST READING, An Ordinance Amending the Official Zoning Map for the Town of Timnath and Setting a Public Hearing on September 26, 2017, at 6:00 p.m.

e. ORDINANCE NO. 21, SERIES 2017, FIRST READING, An Ordinance Approving the First Amendment to the Amended and Restated Annexation and Development Agreement for the Harmony Subdivision and Setting a Public Hearing on September 26, 2017, at 6:00 p.m.

Councilmember Pearson moved to approve the consent agenda. Councilmember Neal seconded the motion. The motion passed unanimously by voice vote.

5. REPORTS: a. Mayor/Council

i. Taste in Timnath on October 7, 2017 ii. New reservoir attendant hired

iii. I-25 Improvement bids were rejected by CDOT

6. BUSINESS: a. RESOLUTION NO. 53, SERIES 2017, A Resolution Appointing Lisa Bard to Planning

Commissioner Alternate Staff Comments:

Mr. Koelbel spoke to Council about the proposed ordinance. Councilmember Pearson moved to approve RESOLUTION NO. 53, SERIES 2017, A Resolution Appointing Lisa Bard to Planning Commissioner Alternate. Councilmember Neal seconded the motion. The motion passed unanimously by voice vote.

b. ORDINANCE NO. 19, SERIES 2017, PUBLIC HEARING, An Ordinance Referring

a TABOR issue to the Ballot on November 7, 2017 Mayor Grossman-Belisle opened the public hearing at 6:14 p.m. Staff Comments:

Mr. Rogers spoke to Council about the proposed ordinance. Public Comments:

NONE Council Comments:

Mayor Grossman-Belisle suggested a lower grocery tax increase based on resident comments received, which would change the proposed increase from 3.55% to 3.45%

Mayor Grossman-Belisle closed the public hearing at 6:14 p.m.

Councilmember Neal moved to approve ORDINANCE NO. 19, SERIES 2017, An Ordinance Referring a TABOR issue to the Ballot on November 7, 2017, with the reduction to the grocery tax. Councilmember Pearson seconded the motion. The motion passed unanimously by voice vote.

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c. RESOLUTION NO. 54, SERIES 2017, PUBLIC HEARING, A Resolution approving a Comprehensive Plan Amendment for the Ranchview Estates Subdivision located south of Buss Grove and west of Harmony Subdivision to make modifications to the future land use map from Very Low Density Residential (VLR) to Low Density Residential (LDR)

Mayor Grossman-Belisle opened the public hearing at 6:44 p.m. Staff Comments:

Mr. Blakely spoke to Council about the proposed resolution.

Applicant Presentation: Mr. Bennett presented to Council the proposed plans for the property, benefits to the

Town, traffic flow, housing options and designs. Public Comments:

NONE Councilmember Comments:

Councilmember Voronin asked for an example of the change in zoning and Mr. Blakely spoke about other neighborhoods in the Town that are under the same zoning.

Councilmember Neal asked how many acres would be houses and how many acres would be open space. Mr. Blakely explained that a minimum of 20% would be open space.

Mr. Blakely spoke about the development being an age-restricted community and senior living.

Councilmember Pearson expressed concern for the traffic and Mr. Blakely stated that a traffic study would be needed and determine the appropriate needs.

It was noted that sewer capacity may restrict the number of units and it is currently being studied.

Mayor Grossman-Belisle closed the public hearing at 6:44 p.m.

Councilmember Voronin moved to approve RESOLUTION NO. 54, SERIES 2017, PUBLIC HEARING, A Resolution approving a Comprehensive Plan Amendment for the Ranchview Estates Subdivision located south of Buss Grove and west of Harmony Subdivision to make modifications to the future land use map from Very Low Density Residential (VLR) to Low Density Residential (LDR). Councilmember Neal seconded the motion. The motion passed by voice vote 3 for and 1 against.

d. EXECUTIVE SESSION: “For the purposes of conferences with the Town’s attorney

for purposes of receiving legal advice on specific legal questions under §24-6-402(4)(b), C.R.S.”

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Councilmember Voronin moved to approve enter into EXECUTIVE SESSION: “For the purposes of conferences with the Town’s attorney for purposes of receiving legal advice on specific legal questions under §24-6-402(4)(b), C.R.S. Councilmember Neal seconded the motion. The motion passed unanimously by voice vote.

Council went into executive session at 6:46 pm. The regular meeting reconvened at 7:00 pm.

7. ADJOURNMENT:

Mayor Grossman-Belisle adjourned the meeting 7:01 p.m. Town Council approved the September 6, 2017, Town Council Meeting Minutes on September 26, 2017. TOWN OF TIMNATH _____________________________________ Jill Grossman-Belisle, Mayor ATTEST: ______________________________________ Milissa Peters, CMC Town Clerk

Town of Timnath Payment Approval Report - Check Register Page: 1

Report dates: 7/1/2017-9/30/2017 Sep 20, 2017 11:52AM

Vendor Vendor Name Invoice Number Description GL Period Date Net Invoice Amount

4Rivers Equipment

344191

490 4Rivers Equipment 344191 Mulch Kit 08/31/2017 339.20

Total 344191: 339.20

Total 4Rivers Equipment: 339.20

Adamson Police Products

INV252310

758 Adamson Police Products INV252310 Equipment for Tope 08/31/2017 212.90

Total INV252310: 212.90

Total Adamson Police Products: 212.90

ALL SWEEP INC

17-376

473 ALL SWEEP INC 17-376 2017 Street Sweeping 08/31/2017 2,230.00

Total 17-376: 2,230.00

Total ALL SWEEP INC: 2,230.00

alm2s

6577

912 alm2s 6577 New Town Hall Building 08/31/2017 6,313.20

Total 6577: 6,313.20

6578

912 alm2s 6578 New Town Hall Building 08/31/2017 37,834.35

Total 6578: 37,834.35

Total alm2s: 44,147.55

Alsco

LLAR1227041

272 Alsco LLAR1227041 2017 Mat Service 09/30/2017 59.56

Total LLAR1227041: 59.56

Total Alsco: 59.56

APEX Shredding

24407

735 APEX Shredding 24407 2017 Shredding Services 09/30/2017 40.00

Total 24407: 40.00

Total APEX Shredding: 40.00

Bruen Media Group LLC

13419

711 Bruen Media Group LLC 13419 Aug 2017 Connect with us Postca 08/31/2017 375.00

711 Bruen Media Group LLC 13419 Aug 2017 Planning commission o 08/31/2017 150.00

711 Bruen Media Group LLC 13419 Aug 2017 Connect with us Postca 08/31/2017 618.87




711 Bruen Media Group LLC 13419 Aug 2017 Planning commission o 08/31/2017 620.66

711 Bruen Media Group LLC 13419 Aug 2017 Firehouse Video 08/31/2017 800.00

711 Bruen Media Group LLC 13419 Aug 2017 Economic Development 08/31/2017 1,320.00

711 Bruen Media Group LLC 13419 Aug 2017 Video Hard Storage 08/31/2017 225.00

711 Bruen Media Group LLC 13419 Aug 2017 Timnath July Park 08/31/2017 250.00

711 Bruen Media Group LLC 13419 Aug 2017 Timnath July Park - vide 08/31/2017 480.00

711 Bruen Media Group LLC 13419 Aug 2017 Timnath Aug Park - vide 08/31/2017 480.00

711 Bruen Media Group LLC 13419 Aug 2017 Timnath Aug Park - vide 08/31/2017 250.00

711 Bruen Media Group LLC 13419 Aug 2017 Website Upgrades 08/31/2017 4,510.00

711 Bruen Media Group LLC 13419 Aug 2017 Website art work 08/31/2017 250.00

Total 13419: 10,329.53

Total Bruen Media Group LLC: 10,329.53

CENTURY LINK

09012017

39 CENTURY LINK 09012017 Sep 2017 T1 Line 09/30/2017 300.48

Total 09012017: 300.48

Total CENTURY LINK: 300.48

Colorado State University

EQL:3812

666 Colorado State University EQL:3812 2017 Reservoir water testing 09/30/2017 70.00

Total EQL:3812: 70.00

Total Colorado State University: 70.00

Connecting Point

CW115300

922 Connecting Point CW115300 Sep 2017 09/30/2017 5,400.80

Total CW115300: 5,400.80

Total Connecting Point: 5,400.80

Connell Resources, Inc

2171035.03

807 Connell Resources, Inc 2171035.03 Road Overlay Program-Retainage 08/31/2017 393.25-

807 Connell Resources, Inc 2171035.03 Road Overlay Program 08/31/2017 7,865.00

Total 2171035.03: 7,471.75

Total Connell Resources, Inc: 7,471.75

Coren Printing, Inc.

21333

9 Coren Printing, Inc. 21333 Plaque for Mr Weiderspoon 08/31/2017 35.00

Total 21333: 35.00

Total Coren Printing, Inc.: 35.00

CPS Distributors, Inc




2320316-00

648 CPS Distributors, Inc 2320316-00 Sprinkler parts 08/31/2017 77.52

Total 2320316-00: 77.52

2562822-00

648 CPS Distributors, Inc 2562822-00 Parts for spinklers in Wild Wing 08/31/2017 86.36

Total 2562822-00: 86.36

Total CPS Distributors, Inc: 163.88

EARTH ENGINEERING CONSULTANTS,

116104.14

363 EARTH ENGINEERING CONSUL 116104.14 Harmony road Phase III 08/31/2017 2,807.00

Total 116104.14: 2,807.00

1174026.1

363 EARTH ENGINEERING CONSUL 1174026.1 Reservoir Road Testing 08/31/2017 2,977.00

Total 1174026.1: 2,977.00

1174086.1

363 EARTH ENGINEERING CONSUL 1174086.1 Old Town Phase II 08/31/2017 165.50

Total 1174086.1: 165.50

1174086.2

363 EARTH ENGINEERING CONSUL 1174086.2 Old Town Phase II 08/31/2017 1,183.50

Total 1174086.2: 1,183.50

Total EARTH ENGINEERING CONSULTANTS,: 7,133.00

ELDORADO Artesian Springs, Inc

21882263

867 ELDORADO Artesian Springs, Inc 21882263 Water Cooler 09/30/2017 5.30

Total 21882263: 5.30

Total ELDORADO Artesian Springs, Inc: 5.30

FORT COLLINS LOVELAND WATER DIST

02454715-01-092017

14 FORT COLLINS LOVELAND WAT 02454715-01-0 Sep 2017 3930 Main St 09/30/2017 40.11

Total 02454715-01-092017: 40.11

02455800-02-092017

14 FORT COLLINS LOVELAND WAT 02455800-02-0 Sep 2017 4104 Main Street 09/30/2017 38.40

Total 02455800-02-092017: 38.40

02459127-01-092017

14 FORT COLLINS LOVELAND WAT 02459127-01-0 Sep 2017 Irrigation Weitzel St 09/30/2017 60.47




Total 02459127-01-092017: 60.47

02741397-01-092017

14 FORT COLLINS LOVELAND WAT 02741397-01-0 Sep 2017 5500 Summerfield Park 09/30/2017 67.33

Total 02741397-01-092017: 67.33

02745011-01-092017

14 FORT COLLINS LOVELAND WAT 02745011-01-0 Sep 2017 4800 Goodman Street 09/30/2017 198.33

Total 02745011-01-092017: 198.33

02745821-01-092017

14 FORT COLLINS LOVELAND WAT 02745821-01-0 Sep 2017 Irrigation Signal Tree 09/30/2017 13.40

Total 02745821-01-092017: 13.40

02749900-01-092017

14 FORT COLLINS LOVELAND WAT 02749900-01-0 Aug 2017 Irrigation 5990 Harmon 09/30/2017 116.59

Total 02749900-01-092017: 116.59

5799

14 FORT COLLINS LOVELAND WAT 5799 Timnath Reservoir Water 08/31/2017 2,372.00

Total 5799: 2,372.00

5888


Total 5888: 1,779.00

5969


Total 5969: 3,676.00

Total FORT COLLINS LOVELAND WATER DIST: 8,361.63

Hageman Earth Cycle

623437

746 Hageman Earth Cycle 623437 Top soil for Wild Wing 08/31/2017 215.00

Total 623437: 215.00

Total Hageman Earth Cycle: 215.00

Heather Erbes

AUG 2017

882 Heather Erbes AUG 2017 Aug 2017 Mileage 08/31/2017 23.75

Total AUG 2017: 23.75

Total Heather Erbes: 23.75

Houska Automotive Services Inc




166721

348 Houska Automotive Services Inc 166721 Tire Repair 09/30/2017 137.93

Total 166721: 137.93

Total Houska Automotive Services Inc: 137.93

Joseph P McMahon Jr LLC

10272

890 Joseph P McMahon Jr LLC 10272 Election Commission 08/31/2017 3,141.28

Total 10272: 3,141.28

Total Joseph P McMahon Jr LLC: 3,141.28

LARIMER COUNTY SALES/USE TAX

AUG 2017

22 LARIMER COUNTY SALES/USE AUG 2017 Aug 2017 Larimer Use Tax 08/31/2017 20,231.92

22 LARIMER COUNTY SALES/USE AUG 2017 Aug 2017 Larimer Use Tax Admin 08/31/2017 674.33-

Total AUG 2017: 19,557.59

Total LARIMER COUNTY SALES/USE TAX: 19,557.59

LARIMER COUNTY SHERIFF'S DEPT.

17-0715

26 LARIMER COUNTY SHERIFF'S 17-0715 2017 Tiburon 09/30/2017 744.00

Total 17-0715: 744.00

Total LARIMER COUNTY SHERIFF'S DEPT.: 744.00

LARIMER COUNTY SOLID WASTE

05-00986137

558 LARIMER COUNTY SOLID WAS 05-00986137 Trash from TAB 09/30/2017 141.50

Total 05-00986137: 141.50

Total LARIMER COUNTY SOLID WASTE: 141.50

Law Office of Avi S. Rocklin, LLC

1388

915 Law Office of Avi S. Rocklin, LLC 1388 Aug 2017 Prosecutor Services 08/31/2017 1,100.00

Total 1388: 1,100.00

Total Law Office of Avi S. Rocklin, LLC: 1,100.00

Lightfield Enterprises Inc

0879-01

839 Lightfield Enterprises Inc 0879-01 General Trail Improvements Retai 08/31/2017 5,179.28-

839 Lightfield Enterprises Inc 0879-01 Sidewalk Improvements 08/31/2017 94,336.78

839 Lightfield Enterprises Inc 0879-01 General Trail Improvements 08/31/2017 9,248.76

Total 0879-01: 98,406.26

Total Lightfield Enterprises Inc: 98,406.26




Manpower

31827620

808 Manpower 31827620 Temporary Public Works Employe 09/30/2017 381.60

Total 31827620: 381.60

31854340

808 Manpower 31854340 Temporary Public Works Employe 09/30/2017 450.00

Total 31854340: 450.00

Total Manpower: 831.60

Megan Garn

AUG 2017

897 Megan Garn AUG 2017 Aug 2017 Mileage Reimbursemen 08/31/2017 51.42

Total AUG 2017: 51.42

Total Megan Garn: 51.42

MILISSA PETERS

AUG 2017

391 MILISSA PETERS AUG 2017 Aug 2017 mileage reimbursement 08/31/2017 72.23

Total AUG 2017: 72.23

Total MILISSA PETERS: 72.23

Misc

9/18 REFUND

568 Misc 9/18 REFUND Pavilion Rental Return 09/30/2017 50.00

Total 9/18 REFUND: 50.00

Total Misc: 50.00

Neopost USA Inc

55080446

302 Neopost USA Inc 55080446 Sep 2017 Postage Meter Lease 09/30/2017 56.31

Total 55080446: 56.31

Total Neopost USA Inc: 56.31

North Weld County Water District

3241001-082017

709 North Weld County Water District 3241001-0820 Aug 2017 Water services at Wild 08/31/2017 19.20

Total 3241001-082017: 19.20

3242001-082017


Total 3242001-082017: 19.20

41950000-082017





Total 41950000-082017: 201.10

Total North Weld County Water District: 239.50

PLS Group

3881

883 PLS Group 3881 Timnath Reservoir Topographic S 08/31/2017 390.00

Total 3881: 390.00

Total PLS Group: 390.00

PORTABLE RENTAL SYSTEMS

58314

143 PORTABLE RENTAL SYSTEMS 58314 Sep 2017 Porta-potty service 09/30/2017 302.00

Total 58314: 302.00

Total PORTABLE RENTAL SYSTEMS: 302.00

Poudre Valley REA

13240002-092017

209 Poudre Valley REA 13240002-092 Sep 2017 Cty Rd 38 & RR 09/30/2017 21.94

Total 13240002-092017: 21.94

31980001-092017

209 Poudre Valley REA 31980001-092 Sep 2017 Harmony & Weitzel 09/30/2017 158.71

Total 31980001-092017: 158.71

62378001-092017

209 Poudre Valley REA 62378001-092 Sep 2017 Weitzel Street Lights 09/30/2017 154.40

Total 62378001-092017: 154.40

64191001-092017

209 Poudre Valley REA 64191001-092 Sep 2017 Watershed Dr 09/30/2017 53.14

Total 64191001-092017: 53.14

65071001-092017

209 Poudre Valley REA 65071001-092 Sep 2017 4606 Single Tree 09/30/2017 67.24

Total 65071001-092017: 67.24

65100001-092017

209 Poudre Valley REA 65100001-092 Sep 2017 4580 Weitzel 09/30/2017 43.23

Total 65100001-092017: 43.23

65983001-092017

209 Poudre Valley REA 65983001-092 Sep 2017 6010 Harmony Road 09/30/2017 30.23

Total 65983001-092017: 30.23




66296001-092017

209 Poudre Valley REA 66296001-092 Sep 2017 Harmony & 3 Bell 09/30/2017 79.48

Total 66296001-092017: 79.48

Total Poudre Valley REA: 608.37

RAM WASTE SYSTEMS, INC

SEP 2017

344 RAM WASTE SYSTEMS, INC SEP 2017 Sep 2017 waste removal services 09/30/2017 41.00

344 RAM WASTE SYSTEMS, INC SEP 2017 Sep 2017 waste removal services 09/30/2017 244.00

Total SEP 2017: 285.00

Total RAM WASTE SYSTEMS, INC: 285.00

SAFEbuilt Colorado, Inc.

34231-IN

12 SAFEbuilt Colorado, Inc. 34231-IN Aug 2017 Building Permits 08/31/2017 53,441.05

Total 34231-IN: 53,441.05

34464-IN

12 SAFEbuilt Colorado, Inc. 34464-IN Aug 2017 Code Enforcement 08/31/2017 1,550.00

Total 34464-IN: 1,550.00

34472-CM

12 SAFEbuilt Colorado, Inc. 34472-CM Credit for 2017 Fence Permits 08/31/2017 6,911.28-

Total 34472-CM: 6,911.28-

Total SAFEbuilt Colorado, Inc.: 48,079.77

ServiceMaster Clean

14902-CS

646 ServiceMaster Clean 14902-CS Sep 2017 Janitorial Services 09/30/2017 460.00

Total 14902-CS: 460.00

Total ServiceMaster Clean: 460.00

Staples Advantage

3350528943

759 Staples Advantage 3350528943 Admin office supplies- Credit 08/31/2017 3.92-

Total 3350528943: 3.92-

3351691629

759 Staples Advantage 3351691629 Admin office supplies 08/31/2017 17.59

Total 3351691629: 17.59

Total Staples Advantage: 13.67

State of Colorado - Dept of Public Healt

WC181036433

968 State of Colorado - Dept of Public WC181036433 Stormwater Plan Permit 08/31/2017 540.00




Total WC181036433: 540.00

Total State of Colorado - Dept of Public Healt: 540.00

Susan Bieber

AUG 2017

969 Susan Bieber AUG 2017 Aug 2017 Mileag Reimbursement 08/31/2017 30.82

Total AUG 2017: 30.82

Total Susan Bieber: 30.82

Town of Berthoud

CML

967 Town of Berthoud CML CML District Meeting 09/30/2017 25.00

Total CML: 25.00

Total Town of Berthoud: 25.00

United Reprographic Supply Inc

IN134163

857 United Reprographic Supply Inc IN134163 2017 Maintenance Contract 09/30/2017 80.00

Total IN134163: 80.00

Total United Reprographic Supply Inc: 80.00

University of Colorado Health

C6733

896 University of Colorado Health C6733 Blood Draw - E.R. 08/31/2017 144.93

Total C6733: 144.93

Total University of Colorado Health: 144.93

Verizon Wireless

9791572270

810 Verizon Wireless 9791572270 Aug 2017 Wireless Air Cards 08/31/2017 298.59

Total 9791572270: 298.59

Total Verizon Wireless: 298.59

W L Contractors Inc.

PAY APP 3

177 W L Contractors Inc. PAY APP 3 Harmony Phase III 08/31/2017 44,440.00

Total PAY APP 3: 44,440.00

Total W L Contractors Inc.: 44,440.00

WHITE, BEAR, ANKELE, PC, ATTORNEYS AT LA

AUG 2017

543 WHITE, BEAR, ANKELE, PC, ATT AUG 2017 Aug 2017 Legal Deferral 08/31/2017 2,965.59-

543 WHITE, BEAR, ANKELE, PC, ATT AUG 2017 Aug 2017 General Legal 08/31/2017 25,474.00

543 WHITE, BEAR, ANKELE, PC, ATT AUG 2017 Aug 2017 General Legal Admin F 08/31/2017 768.83




543 WHITE, BEAR, ANKELE, PC, ATT AUG 2017 Aug 2017 General Legal- TDA 08/31/2017 600.00

543 WHITE, BEAR, ANKELE, PC, ATT AUG 2017 Aug 2017 General Legal Admin F 08/31/2017 15.00

543 WHITE, BEAR, ANKELE, PC, ATT AUG 2017 Aug 2017 Severance Annex 08/31/2017 2,717.50

543 WHITE, BEAR, ANKELE, PC, ATT AUG 2017 Aug 2017 Tabor Election 08/31/2017 9,473.50

543 WHITE, BEAR, ANKELE, PC, ATT AUG 2017 Aug 2017 Out of Scope Admin Fe 08/31/2017 584.55

Total AUG 2017: 36,667.79

REM-AUG 2017

543 WHITE, BEAR, ANKELE, PC, ATT REM-AUG 201 REM-Aug 2017 Fischer 08/31/2017 187.50

543 WHITE, BEAR, ANKELE, PC, ATT REM-AUG 201 REM - Aug 2017 Riverbend 08/31/2017 200.00

543 WHITE, BEAR, ANKELE, PC, ATT REM-AUG 201 REM- Aug 2017 Harmony 08/31/2017 2,213.50

543 WHITE, BEAR, ANKELE, PC, ATT REM-AUG 201 REM - Aug 2017 Timnath Landing 08/31/2017 2,565.00

543 WHITE, BEAR, ANKELE, PC, ATT REM-AUG 201 REM-July 2017 Timnath South Di 08/31/2017 1,847.50

Total REM-AUG 2017: 7,013.50

Total WHITE, BEAR, ANKELE, PC, ATTORNEYS AT LA: 43,681.29

Xcel Energy

557784063

47 Xcel Energy 557784063 Aug 2017 3909 Main Street 08/31/2017 16.15

Total 557784063: 16.15

558150195


Total 558150195: 224.98

558246490

47 Xcel Energy 558246490 Aug 2017 5096 County Road 38 08/31/2017 90.36

Total 558246490: 90.36

558684126


47 Xcel Energy 558684126 Aug 2017 5500 Summerfield Pkw 08/31/2017 200.39

Total 558684126: 273.94

558688985

47 Xcel Energy 558688985 July 2017 68W-7N-34-21/08 08/31/2017 32.40

Total 558688985: 32.40

558816162

47 Xcel Energy 558816162 Aug 2017 2221 S County Line Ro 08/31/2017 23.40

Total 558816162: 23.40

Total Xcel Energy: 661.23

Grand Totals: 351,109.62




Dated: ______________________________________________________

Mayor: ______________________________________________________

City Council: ______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

City Recorder: _____________________________________________________

TOWN OF TIMNATH

2017 BUDGET SUMMARY OF SIGNIFICANT ASSUMPTIONS

NO ASSURANCE IS PROVIDED ON THESE FINANCIAL STATEMENTS. SUBSTANTIALLY ALL REQUIRED DISCLOSURES, THE GOVERNMENT-WIDE FINANCIAL STATEMENTS, AND THE STATEMENT OF

REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES – GOVERNMENTAL FUNDS HAVE BEEN OMITTED.

Services Provided

The Town was incorporated on June 29, 1920. The Town is a political subdivision of the State of Colorado and is governed by a five-member Town Council. On November 7, 2006, a majority of the qualified voters adopted a Home Rule Charter thereby granting the Town all powers accorded to towns by the laws of the State of Colorado. The Town’s major operations include public safety, municipal court, public works, community development, parks and recreation, and general administrative services. The Town’s Budget is prepared using the modified accrual basis of accounting in accordance with the requirements of Colorado Revised Statutes C.R.S. 29-1-105. The Town’s Budget does not include any component units, such as the Timnath Development Authority (TDA). A separate budget has been prepared for this entity. Currently, the majority of the services related to legal, finance, public works, and community development are contracted by the Town. Town Council has determined it to be economically prudent to outsource these services rather than incur the payroll, benefit costs, and related liabilities associated with maintaining permanent Town employees.

The Budget is in accordance with the TABOR Amendment limitations. Emergency reserves, required under TABOR, have been provided for.

Revenues

Taxes Primary sources of revenue for the Town are sales and use taxes. The Town assesses a 3.0% sales tax on all taxable retail transactions and a 3.0% use tax on building construction materials, with the exception of food which is taxed at a rate of 2.25%. Sales tax revenue has been projected for 2017 using historical trends as well as consideration of new retailers anticipated to open during 2017. Use tax revenue has been projected based on development assumptions and total new residential units anticipated in 2017. In addition to sales and use taxes, the Town also collects property taxes. Property taxes are levied by the Town Council. The levy is based on assessed valuations determined by the County Assessor generally as of January 1 of each year. The levy is normally set by December 15 by certifications to the County Commissioners to put the tax lien on the individual properties as of January 1 of the following year. The County Treasurer collects the determined taxes during the ensuing calendar year. The taxes are payable by April or, if in equal installments at the taxpayer’s election, in February and June. Delinquent taxpayers are notified in August, and generally, sales of the tax liens on delinquent properties are held in November or December. The County Treasurer remits the taxes collected monthly to the Town. The total mill levy certified by

21

TOWN OF TIMNATH




Revenues - (continued)

the Town for collection in 2017 is 6.688 mills. Additionally, specific ownership taxes are set by the State and collected by the County Treasurer, primarily on vehicle licensing within the County as a whole. The specific ownership taxes are allocated by the County Treasurer to all taxing entities within the County. Intergovernmental Revenue Intergovernmental revenue consists of various sources of revenue that are received by the Town from the State or County including the Highway Users Tax (HUTF), cigarette tax, severance tax, County share backs for open space and road tax, and Conservation Trust Funds. These revenues are budgeted each year based on various factors and formulas. The HUTF is a state tax shared locally based on gas tax, various vehicle registration, title, and license fees. Cigarette tax is a tax assessed by the State government, and a percentage of the tax is allocated to the Town based upon sales tax receipts as a percentage of State sales tax receipts. Severance tax is a tax imposed upon nonrenewable natural resources that are removed from the earth and allocated to the different municipalities in the State. The ¼ cent sales tax is a County share back whereby funds are remitted back to the Town to be used for open space acquisition and improvements. This tax was approved by voters in 1995 and is scheduled to sunset in 2018. The 50% road tax is based on a County mill levy of .996 mills which is assessed against the Town’s assessed value for the purpose of maintaining roads and bridges, of which a portion will be shared back with the County beginning in 2017. The Conservation Trust Fund represents lottery revenues from the State that are allocated to municipalities based on population estimates. Conservation Trust Fund revenue is restricted for specific conservation purposes under State statutes. In addition to the State and County revenue items above, the Town also receives intergovernmental revenues from the TDA. The TDA transfers loan proceeds to the Town for TDA capital projects to be constructed by the Town. Additionally, after the TDA allocates revenue received to pay the current year’s TDA required debt service payments, any amounts remaining in excess of the debt service reserve requirements are transferred to the Town to be used for general and capital expenditures. Licenses, Fees and Charges Licenses, fees and charges consist of various fees including business licenses, liquor licenses, building permits, impact, in-lieu fees, annexation, planning and zoning, and engineering fees. Many of these fees are based on residential and commercial development within the Town and are projected based on permit information, as well as information received from developers within the Town.

22

TOWN OF TIMNATH




Revenues - (continued)

Other Various other revenues are anticipated to be received by the Town, including franchise fees, fines and forfeitures and interest income. Franchise fees are revenues derived from fees levied on companies in exchange for the right to use public right of way and otherwise operate as a franchise. Franchise fees for the Town are generated from a negotiated franchise license with Xcel Energy and the Poudre Valley REA for gas and electric services in the Town, as well as cable franchise fees with Comcast. Fines and forfeiture revenues include court fees, as well as vehicle and other code violation fines. Other revenues are projected in 2017 based on historical trends and anticipated development.

Expenditures

General Government General government expenditures include Town Council costs for travel, seminars and training, and other related expenditures. Town Clerk expenditures include costs for public elections and legal publication, including ordinances and hearings. Town Administration – salaries and benefits - includes the salaries and benefits of the Town Manager, Town Clerk, Town Accountant, and an Administrative Assistant. Contracted Finance and Contracted Legal represent the accounting and legal outsourced functions for the Town. Human resources include contracted HR resources. Information Technology includes contracted personnel costs, as well as hardware and software costs. Town office costs consist of supplies, postage, printing, utilities and phone service, as well as other expenditures related to the specific Town facility. Costs related to insurance, consulting, audit, and economic development are also reflected under General Government.

Additionally, other Town programs are reflected under General Government including Town events, which include the Town barbeque, tree lighting ceremony, Town fireworks, Taste of Timnath, and other events. The 2017 Budget also includes funds for community engagement. General government 2017 budgeted estimates have been projected based on historical costs, anticipated cost increases related to salary and benefits, as well as known contract price changes. Municipal Court Municipal court expenditures consist of judge fees, legal fees, and translator fees. Municipal Court expenditures are projected to increase in 2017 as a result of anticipated additional court sessions.

23

TOWN OF TIMNATH




Expenditures – (continued)

Community Development Community Development includes planning services, building permit and inspection, and code enforcement. A total of $250,000 has been budgeted in 2017 for various master studies including a PROST update, a Harmony Corridor Master Plan, a storm drainage study and an Old Town parking study. Additionally, a total of $504,100 has also been budgeted in 2017 for development project review of which a significant portion of these costs will be offset by Developer charge backs. Public Safety The 2017 Budget includes payroll and related benefit expenditures for eight sworn officers and a records technician, as well as other related costs such as training, organizational memberships and vehicle maintenance. The 2017 Budget also includes contracted services with the Larimer County Sheriff’s office, animal control, and a school resource officer. Additionally, the 2017 Budget includes the purchase of office laptops, mobile data laptops, firearms, and various other equipment. Moreover, the leasing of one new patrol vehicle has also been included in the 2017 Budget. Public Works The Public Works Department’s 2017 Budget consists of four full-time Town employees, as well as contracted services. This department’s budget includes expenditures related to street lighting, street maintenance, weed control, snow removal, drainage maintenance, mosquito control, street striping and engineering. The 2017 Budget also includes $350,000 for road maintenance and resurfacing. Parks and Recreation The 2017 Budget includes Town funding for several projects including the Timnath South Regional Park, Poudre Regional Trailhead Park, Harmony Bridge sculpture, Timnath Reservoir Trail and Park, Wildwing Park, purchase of a portable stage, and continued payments under the reservoir lease. The 2017 Budget also includes the hiring of a seasonal employee and park related operational and maintenance costs. Capital Outlay To the extent funds are available and the need is established, the 2017 Budget provides for various capital costs related to roads, buildings and equipment, utilities, stormwater as well as other projects. Road and Utilities projects include Harmony Phase 3 Widening, Harmony Interchange Landscape North, Fewell/Riberbend Road Extension, 4th Street Pedestrian Improvements, Bethke School Zone, I-25 Improvements – CDOT, Riverbend, Summerfield Parkway Ditch Crossing, and Old Town Improvements - Phase 2 (South).

24

TOWN OF TIMNATH




Building and equipment include, among other projects, construction of a new Town Hall. Stormwater includes costs related to regional stormwater improvements. Community Revitalization/Visioning Projects include various retail incentives and costs related to land acquisition. Other Projects include signage and monumentation improvements.

Debt and Leases

Principal and interest payments are provided based on the debt amortization schedule from the note payable from the Colorado Department of Local Affairs. The original note amount was $900,000 with interest at 5.0% per annum. Payments are due in equal annual installments of $70,112 through September 2028.

On February 8, 2012, the Town entered into a capital lease agreement to purchase a tractor. Payments are due monthly, with the lease ending on February 8, 2017. The Town has entered into a capital lease related to the Timnath Reservoir. The lease term is five years commencing February 2009. Payment of $73,710 was due in the first year with annual payments of $100,000 due thereafter including an increase by the Consumer Price Index on an annual basis. The agreement has been temporarily extended and it is anticipated that the lease will be renewed in early 2017. The Town’s current debt schedules are attached.

Reserve and Designated Funds

The Town has provided for an emergency reserve equal to at least 3% of the fiscal year spending for 2017, defined under TABOR. Impact fees collected for police and stormwater have been reserved for police and stormwater capital projects. Cash in lieu of land – School have been reserved for capital school improvements and necessary other school costs. Cash in lieu – Parks have been reserved for the acquisition of land for a future Town Community Park. The Town has additionally established a working reserve for, among other things, unanticipated costs.

25

TIMNATH DEVELOPMENT AUTHORITY



REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES – GOVERNMENTAL FUNDS HAVE BEEN OMITTED

Services Provided

On November 10, 2004, the Town of Timnath (the Town) formed an Urban Renewal Authority to be known as the Timnath Development Authority (TDA). On December 15, 2004, the Town approved the Urban Renewal Plan (the Plan) which was prepared pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Par 1 of Article 25 of Title 31, C.R.S., as amended. The Plan was amended in March 2007. The general objective of the Plan was to facilitate the planning, construction, and funding of public infrastructure necessary to serve the residents of the Town so as to promote development within the Town to ensure the Town’s long-term financial viability. Various public improvements anticipated within the TDA include, but are not limited to, the following projects: Roads – Harmony, Main Street, 4th Street, Bus Grove, Parkway, Riverbend, Summerfield Parkway Ditch Crossing, Latham Parkway; Utilities – Offsite Sewer Extension, Old Town Improvements, Old Town Sewer Connections/Tap Fees; Stormwater – Boxelder Stormwater Fort Collins Projects, Boxelder Basin Regional Stormwater Authority Projects; Other – Community Revitalization and Signage and Monumentation Projects. The TDA’s budget is prepared using the modified accrual basis of accounting.

Revenues Tax Increment Financing (TIF) The Urban Renewal Law allows the Town to include within its Urban Renewal Plan a provision that a portion of the incremental property taxes and sales taxes collected within the Plan Area can be utilized to pay financial obligations of the TDA. Such tax incremental revenues may be used for a period not to exceed the statutory requirement, which is presently twenty–five years after the effective date of the adoption of the Plan. TIF property taxes represent the portion of property taxes which are produced by the levy at the rate fixed each year by or for each public body upon the valuation of assessment of taxable property in the Plan Area in excess of the amount certified on or before November 15, 2004. This amount is allocated to and, when collected, paid to the TDA to pay the principal and interest in connection with any loans or bonds of the TDA. TIF sales taxes represent 82% of the sales taxes collected within the boundaries of the Plan Area that are in excess of the amount collected in the twelve-month period ended February, 28, 2007. Any TIF sales taxes not needed for annual principal and interest payments are transferred to the Town pursuant to Cooperation Agreement between the Town and the TDA which was amended and restated on February 25, 2014.

26





Net Investment Income Interest earned on the TDA’s available funds has been estimated based on an average interest rate of approximately 0.50%.

Expenditures

Debt Service On September 29, 2015, the TDA refinanced its 2014 Loan with Compass Mortgage Corporation (the 2015 Loan). The 2015 Loan has a principal amount of $50,000,000 with a fixed interest rate of 4.44% paid semi-annually on June 1st and December 1st. The 2015 Loan matures on December 1, 2029. The purposes of the 2015 Loan were as follows: (a) refunding of prior loan; (b) funding of TDA capital projects; (c) funding of Debt Reserve; and (d) paying costs of issuance. Capital Outlay It is anticipated that the TDA will transfer approximately $1M of loan proceeds to the Town of Timnath for various TDA capital projects that will be constructed by the Town in 2017. Additionally, the approximately $4.5M is projected to be spent during 2017 related to Harmony Phase 3 road improvements. Boxelder – BBRSA IGA The TDA has entered into various intergovernmental agreements with the Boxelder Basin Regional Stormwater Authority (BBRSA) together with Larimer County, the City of Fort Collins, and the Town of Wellington, for the purpose of collectively participating in the construction of certain regional stormwater improvements. The TDA’s financial share of these improvements in 2017 is estimated to total $330,000. Developer Shareback Incentive On January 14, 2014, the TDA entered into a Public/Private Partnership Agreement between Cache La Poudre Investors South, LLC, Cache La Poudre Development South, LLC, and the Town wherein the TDA has agreed to share back certain retailer sales tax revenues for a period of five years commencing on the first day of when the retailer is open for business plus any additional time necessary to recover 50% of on-site construction improvements’ overrun. It is anticipated that approximately $1.6M will be shared back as part of this agreement for the 2017 budget year.

27





Transfer to Town - General TIF property and sales taxes in excess of the amount necessary for the annual payment of principal and interest and other contractually obligated amounts, including but not limited to the replenishment of the reserve funds, are transferred to the Town.

Debt and Leases

Principal and interest payments are provided based on the debt amortization schedule from the 2015 Loan with Compass Mortgage Corporation. The TDA’s current debt service schedule is attached. The TDA has no operating or capital leases.

Reserve Funds

Debt Service Reserve The TDA is required to maintain a debt service reserve of $2,000,000 under the 2015 Loan Agreement.

28

TOWN COUNCIL COMMUNICATION MeetingDate:September26,2017

Item:

Engineering&PublicWorksReportOrdinanceResolution

ForInformationXPresentedby:DonTaranto

KEYPOINTS/SUPPORTINGINFORMATION:

1. HarmonyRoadPhase3a. Allprimaryworkhasbeencompleted.Workingonaddingadditionalasphaltfor

turningatThreeBellasschedulesallow.b. StillwaitingforLevel3tocompletetherelocationoftheirfacilities.

2. OldTownPhase2–Southa. Constructionisunderway.SanitarySewermainshavebeencompleted.Storm

installationisnowunderway,withsidewalk/curb/guttertostartsoon.

3. PublicWorksMaintenanceProjectsa. Asphaltpatchingcompleted.Cracksealingpendingfullscopingb. Streetstriping–Underwayc. TABSiteGrading–completewithexceptionofonedownspouttie‐in

4. DevelopmentConstructionActivitiesa. WildWing2B–Constructionstartedweekof8‐14‐17b. WildWing3B–Pre‐constructionmtg9‐20‐17c. TimnathRanch3rdFiling–CompletionofSchoolHouseDrunderwayd. SerratogaFallsPh2‐Pre‐constructionmtg9‐20‐17

5. CommercialConstructionActivitiesa. ChicFilA–ConstructionUnderway

6. MainStreetRailroadCrossingUpgradePotentiala. GreatWesternRailroadnotifiedusacoupleofweeksagothattheywillbecomingthru

Towntodosometrackmaintenanceworkthisfall–replacingties,addingballast,raisingrail.Aspartofthiswork,theyareplanningongoingthrutheMainStreetcrossingandhadintendedtoputitbackasasphalt.TheycontactedustoseeiftheTownwouldbeinterestedinupgradingthecrossingtoconcretepanelswhiletheyweredoingthework.

b. UpgradingthecrossingiscurrentlyintheCIPfor2019.Upgradingthecrossingsurfacetoconcretewouldcost$60‐70,000ifdoneinalongwiththeirwork,insteadof$130‐140,000ifwedidalloftheworkseparately.DuetofinalcostsonHarmonyRoadprojectedtocomeinunderbudget,wehavefundsinthe2017CIPtoconsiderdoingthesurfaceupgradeworknow.

c. IfwecangetanagreementinplacewithGWRintime(currentlyworkingon),wefeelthisisagreatopportunitytodoatthistime.Upgradingtoincludesignalswouldstillbeplannedforin2019.

TOWN COUNCIL COMMUNICATION Meeting Date:

September 26, 2017

Item:

Community Development Report Ordinance

Resolution

Discussion

For Information X

Presented by:

Matt Blakely,

Community Development

Director

KEY POINTS/SUPPORTING INFORMATION:

1. Issued Building Permits: 2015 Single-Family Residential Total = 185 2016 Single-Family Residential Total = 161 (Budget 171) 2017 Single-Family Residential Budgeted = 276 2017 Single-Family Residential August = 19 (Budget 23) 2017 Single-Family Residential September = 11 (Budget 23) 2017 Single-Family Residential ready to be issued = 10 2017 Single-Family Residential under review = 12 2017 Single-Family Residential YTD (1/1/17 to 9/20/17) = 230 2017 Budget through July = 207

2. Current Development Actions:

a. Chick-Fil-A: Construction commenced on July 10th. Construction is anticipated to be

completed the first part of November.

b. Fewell/Feldman Annexation: This is an annexation application for an annexation south of

Harmony Road and Walker Manufacturing and west of Three Bell Parkway of roughly 162

acres. Staff has received the submittal and is currently under review.

c. Ranchview Estates: This is a Comprehensive Plan Amendment Application for the McMorris

property located just south of Buss Grove and west of Harmony Club. The application is to

change the Comprehensive Plan designation from Very Low Density Residential (VLR) to

Low Density Residential (LDR). The Planning Commission held a public hearing on the

Comprehensive Plan Amendment on 9/5/2017 and recommended approval by a 3-2 vote to

Town Council. The Town Council held a public hearing on the Comprehensive Plan

Amendment on 9/6/2017 and was approved by a 4-0 vote.

d. 4033 Kern Street Rezone: This is a rezoning application for the property located at 4033

Kern Street. The proposal is to change the zoning from R-1 (Old Town Residential) to B

(Business). The Town Staff has received a submittal and is currently under review.

3. Projects:

a. Timnath Community Park: There are final punch list items and clean up items to be

completed before acceptance by the Town. Interest in renting the pavilion is increasing. There

have been five permits issued so far for the 2017 season.

ADVANTAGES:

N/A

DISADVANTAGES:

N/A

FINANCIAL IMPACT:

N/A

RECOMMENDATIONS: N/A

ATTACHMENTS: 1. Building Department Stats 2. Code Enforcement Report 3. Reservoir use statistics

Phone: (970) 224-3211 FAX: (970) 224-3217 www.timnathgov.com 4800 Goodman St. Timnath, CO 80547

MEMORANDUM

TO: Timnath Town Council

FROM: Matt Blakely, Community Development Director

Alisa Davidson, Building Permit Technician

RE: Timnath Single-Family Building Permits – YTD 9/20/17

DATE: September 26, 2017

2015 Jan Feb March April May June July Aug Sept Oct Nov Dec # Permits Issued in 2015 for Single Family Homes

9 15 18 9 27 23 26 14 19 15 1 7 183

Commercial-3

2016 Jan Feb March April May June July Aug Sept Oct Nov Dec # Permits issued in 2016 for Single Family Homes

15 9 12 13 16 8 14 8 11 11 40 4 161

Commercial-7

2017 Jan Feb March April May June July Aug Sept Oct Nov Dec # Permits issued in 2016 for Single Family Homes

9 30 48 28 21 28 36 19 11 230

Commercial- 1

2010 2011 2012 2013 2014 2015 2016 2017 Average Valuation

Brunner Fram 27 31 47 356,782.35$

Fairview Village 1 1 8 7 7 231,185.47$

Harmony (1st and 2nd) 13 17 12 23 13 8 6 3 522,737.95$

Harmony (4th) 11 22 16 6 421,881.17$

Harmony (5th) 7 455,000.00$

Serratoga Falls 1 2 1 9 4 3 6 8 381,273.48$

Timnath Ranch-1st Filing 2nd Amend 0 0 0 3 35 49 50 43 350,897.53$

Timnath Ranch-3rd Filing 24 45 21 5 0 0 20 268,571.58$

Timnath South-1st Filing 27 58 82 89 23 5 305,238.55$

Timnath South 1st Filing 2nd Amend 50 46 14 8 302,518.59$

Timnath South- 2nd Filing(Preserve) 1 9 8 8 2 361,453.03$

Timnath South 1st Filing 3rd Amend 19 58 254,555.14$

Wildwing 1st Filing 0 0 8 20 21 28 8 5 403,133.71$

Wildwing 2nd Filing 6 25 366,800.54$

Total 67 132 140 164 166 183 161 230 329,659.18$

Foundation Only Permit 3 1 1

Modular Home 1

Commercial 2 8 3 7 1

9/20/2017 Reports

http://user.govoutreach.com/sbcolorado/reports.php?cmd=new&id=8750 1/2

Last Month - TimnathPriority Case Topic Status Date

openedDue Date Date

ClosedDaysOpen

AddressNum

Street Violation

Normal 17-0662

Timnath Closed 08/07/2017 08/21/2017 08/07/201709:37 AM

0 Weitzel andHarmony

Normal 17-0663

Timnath Closed 08/07/2017 08/14/2017 08/14/201712:36 PM

7 5750 SHEPHERD ST Parking restrictions for excessweight vehicles andrecreational vehicles

Normal 17-0664


7 6809 ROCK RIVERRD

Parking restrictions for excessweight vehicles andrecreational vehicles

Normal 17-0665


7 6856 RAINIER RD Parking restrictions for excessweight vehicles andrecreational vehicles

Normal 17-0666


14 4033 KERN ST Notice to cut weeds or brushand remove rubbish;enforcement

Prohibition of nuisances Normal 17-

0667Timnath Closed 08/07/2017 08/21/2017 08/21/2017

12:13 PM 14 6444 TUXEDO PARK

RD Parking restrictions for excessweight vehicles andrecreational vehicles

Normal 17-0690

Timnath Open 08/14/2017 09/28/2017 37 5228 E HARMONYRD

Notice to cut weeds or brushand remove rubbish;enforcement

Normal 17-0691


14 3945 BRANIGAN CT Notice to cut weeds or brushand remove rubbish;enforcement

Normal 17-0692


14 3952 BRANIGAN CT Notice to cut weeds or brushand remove rubbish;enforcement

Normal 17-0693


14 4100 GRAND PARKDR


Normal 17-0694


14 Club andRidgeline


Normal 17-0695


35 Club Dr Notice to cut weeds or brushand remove rubbish;enforcement

Normal 17-0696


14 Tuxedo ParkVacant Lot


Normal 17-0697


2 5830 CALGARY ST Parking restrictions for excessweight vehicles andrecreational vehicles

Removal of inoperablevehicles.

Normal 17-0698


7 5792 SHEPHERD ST Parking restrictions for excessweight vehicles andrecreational vehicles

Normal 17-0699


14 6762 ROCK RIVERRD


Normal 17-0700


14 6714 ROCK RIVERRD


Normal 17-0718


7 4005 MAIN ST Notice to cut weeds or brushand remove rubbish;enforcement

Normal 17-0738

Timnath Open 08/28/2017 10/02/2017 23 4973 GOODMAN ST Control of Trees and Shrubs,Dead Trees

Normal 17-0739

Timnath Open 08/28/2017 09/25/2017 23 4304 DIXON ST Removal of inoperablevehicles.


http://user.govoutreach.com/sbcolorado/ceeditcase.php?id=1273599&cmd=edit&pagewhendone=reports.php%3fsub%3dhttp://user.govoutreach.com/sbcolorado/rpt_custom.php




















9/20/2017 Reports

http://user.govoutreach.com/sbcolorado/reports.php?cmd=new&id=8750 2/2

Priority Case Topic Status Dateopened

Due Date DateClosed

DaysOpen

AddressNum

Street Violation

Normal 17-0740


14 6983 TOPONAS CT Notice to cut weeds or brushand remove rubbish;enforcement

Normal 17-0741


14 6960 THUNDERVIEWDR


Normal 17-0742


14 6974 THUNDERVIEWDR


Normal 17-0743


14 2934 LAMINAR DR Notice to cut weeds or brushand remove rubbish;enforcement

Normal 17-0744


14 6941 WILDSHOREDR


Normal 17-0745


14 6981 WILDSHOREDR


Normal 17-0746


14 Notice to cut weeds or brushand remove rubbish;enforcement

Normal 17-0747


14 LONG DR Notice to cut weeds or brushand remove rubbish;enforcement

Normal 17-0748


14 5487 LONG DR Notice to cut weeds or brushand remove rubbish;enforcement

Normal 17-0749


14 4039 GRAND PARKDR


Normal 17-0750

Timnath Open 08/28/2017 09/25/2017 23 4049 GRAND PARKDR


Total 33 Violations












Timnath Reservoir and Walmart Pond Monthly Report

September 26, 2017

* All data has been collected through the 1st week of May through the 1st week of August, Thursday through

Monday, from 11:00am to 7:30pm, and represents the number of visitors visiting the Timnath Reservoir.

Timnath Boating Permits Issued

Type of Permit 2015 2016 2017

Motorized 12 18 32

Non-Motorized 57 60 95

Day-Use Motorized N/A N/A 2

Day-Use Non-Motorized N/A N/A 1

GMA Non-Motorized N/A N/A 3

**All units of data are per 100mL of water. The standard for swimming water is under 235 E. coli/100mL.

TOWN COUNCIL COMMUNICATION

Meeting Date: 9/26/2017

Item: August 2017 Law Enforcement Update

For Information

Presented by: Sherri Wagner

1. Officers are back in the schools and meeting the children, teachers and administrators. They are also spending time in and around the school zones. Officers have met with and attended meetings with the new Timnath school principal, Matt Marietta. The officers and Mr. Marietta have already tackled some school related issues and appear to work well together. Timnath Elementary will have their Halloween parade on Tuesday, October 31.

2. Officer Betrus is progressing through the FTO program and currently in phase two. Phase two

will be moving her towards being the lead officer on cases, calls and increasing her driving time.

3. Sergeant Wynkoop has attended training resulting in his becoming a trainer for our emergency vehicle operations. We will be able to do slow maneuvers with the vehicles so we become more aware of the vehicles capabilities and refining our driving skills. This training is required by state and allows us to maintain officer certification.

4. Police technician Erbes has acquired the sexual offender registrations and entries into

CCIC/NCIC. She will enter the information and officers will do the checks of business and home addresses. These entries require many different types of categories and information. Mistakes may delay the entries. Erbes has done an excellent job with NIBRS and so we assigned this task to her.

5. Many meetings concerning budget, solicitor ordinance, DUI grant, safety committee, procedure

for county callout of critical incident team, and update of CIRT manual. A Crime Stoppers tip was forwarded to the sheriff’s department concerning the explosion at Buss Grove and Latham.

6. Increased enforcement to prevent camping, loitering, and overnight truck parking. All

information passed onto NOCO law enforcement and LCSO has increased their time at Walmart to assist us and Walmart.

Law Enforcement Incidents

Timnath Police Dept May‐17 Jun‐17 Jul‐17 1‐Aug

Call TypeAlarm 2 10 6 3

Animal 6 7 12 9

Assist Other 12 10 16 16

Directed Patrol/School/Extra 343 375 294 276

Follow‐up 22 19 31 13

Harassment 2 2

Juvenile 2 1

Missing person/child (found) 1 1

Reddi Report 5 1 3

Solicitation 1

Subject Stop 10 24 11 16

Suicide Threat 1 1 1

Suspicious Circumstance 13 23 18 33

Theft 8 15 15 9

Traffic 115 80 69 101

Vehicle Accident/non‐inj 6 11 14 6

VIN check 1 4

Warrant 2 1 3

Welfare Check 5 8 5 5

Total Incidents 555 622 527 503

Total cases 30 46 47 30

LCSO Response & Call Type May‐17 Jun‐17 Jul‐17 1‐Aug

Call TypeAlarm 3 0 2 2

Animal 1

Assist Other 3 2 1 1Directed, Extra Patrol/School 11 4 9 18

Follow up 3 1 1

Private Tow 1 2

Subject Contact 3 1 1Suicide Threats 1

Suspicious Circumstance 6 2 4Theft 1Traffic 5 5 3 9

Trespass 1

Total Incidents 28 34 21 41

Total Cases 2 0 5 2

Phone: (970) 224-3211 FAX: (970) 224-3217 www.timnathcolorado.org 4800 Goodman St. Timnath, CO 80547

To: Town Council and Community From: April D. Getchius, AICP Town Manager Date: September 22, 2017 Subject: Town Manager’s Report Library Kiosks. Staff was able to obtain small “libraries” for installation in several neighborhoods. These free little lending libraries will allow residents to “take a book – leave a book” and share with their neighbors. Harmony Road Discussions. Staff has met with Windsor, Severance, Weld County, and Eaton to discuss improvements along Harmony Road. These communities are feeling the pressure of increased Harmony Road traffic and the impacts of developments including the proposed sports park. Since Timnath’s portion is almost complete, the purpose of Timnath’s involvement is to provide information on lessons learned, share access control parameters, etc. The representatives will be conducting an access control study along their portions of Harmony Road and will develop a corridor study so they are ready for construction when the time is right. Again, since the Timnath portion is nearly complete we will not be contributing financially to the study but offered to provide any traffic studies or data from our transportation plan that would be helpful. Volunteers Needed. Staff is in need of volunteers for the Taste in Timnath festival. Please let your friends and neighbors know that we have slots available to work a variety of shifts. Project Sheet Update. Attached is a project sheet update for capital improvement and other projects. We’ve had a busy capital improvement year, so many of the projects have been completed and removed from the update. Budget Meeting. The Council will have a budget work session at 5 pm on October 10. A light dinner will be provided. Upcoming Events: Dates for Town Events for 2017:

o Taste in Timnath Fall Festival and 5K - October 7th o Council Budget Work Session – October 10 at 5 pm. o Holiday Lighting Festival - December 1s

9/22/2017

Project / Responsible Party Original Schedule Revised ScheduleComplete

Action On Schedule? Explanation/Comments

Parking Meter Don tbd Discussing with team ✔Staff is conducting a parking study for Old Town. Waiting for the results of the study to

determine best management of Old Town parking.

Town Drainage Study Don 10/1/2017 12/1/2017 No

Explore Windsor IGA April 9/2/2015 Met initially with Windsor Will be following up by 9/15

No further action Contacted Windsor on 9/15 ‐ waiting for reply

Explore Severance IGA April tbd 9/15/2016 Drafting terms Severance approved annexation ‐ clarifying legal action steps but still drafting terms

Waiting for election process No change

Larimer County IGA April tbd Meeting with Larimer County staff in January 2017

Oil and Gas Ordinance Robert/Matt 12/1/2015 11/1/2016 Planning Commission Approval No Had been placed on hold pending court review of existing cases that could affect our draft

Council first reading

Council second reading

Harmony Corridor Master Plan Matt 2/28/2017 4/25/2017 Interim Plan for Council Approval ✔ Draft Standards for Harmony Corridor

6/1/2017 2/28/2018 Final Plan for Codifiation No Final Standards for Harmony Corridor

Town Wide Rezone for MU and C Matt 3/28/2017 9/26/2017 ✔ Rezone C2 to NC or CC as Appropriate No Complete at 9/26/17 Meeting

3/28/2017 9/26/2017 ✔ Rezone MU to RMU or CMU as Appropriate No Complete at 9/26/17 Meeting

DonMattDezire

Robert

April

Sherri

Christine

Milissa

CIP

Categor

y Project Task

Dept.

Head

Original

Schedule

Revised

Schedule Complete

On

Schedule?

Explanation/Comments

Roads and Utilities

Bethke School Zone Don

Install pedestrian crossing enhancements TBD

Fewell/Riverbend Road Extension April / Don

Design of Road Fall 17 ✔ To be completed with New Admin Bld Design

Construction Spring 2018 ✔ To be constructed with New Admin Bld

4th Street Pedestrian Improvements Matt

Master Plan Pedestrian improvements July / Aug 17 Sept 17/Oct 17 Pushed to late summer and fall to align with Artisan Village

Detailed design Main to Kern Sept / Oct 17 Nov 17/Dec 17 Construction 2018

Detailed design Kern to Parkway Sept / Oct 17 Nov 17/Dec 17 Construction 2018/2019 (dependent on Parkway)

Harmony Interchange Landscape North Matt

Design ROW enhancements Oct / Nov ✔ Construction 2018

Harmony Road Widening Phase III Don

Rail Road Crossing Jul‐17 ✔ ✔Rail Road Signals Aug‐17 ✔ Signals will be installed separate from Rail improvements

Road Work Post Railroad Aug‐17 ✔ ✔Road Open End of August ✔ ✔ Dependant on Railroad Work

Old Town Improvements ‐ Phase 2 (South) Don

Construction Begin Jun‐17 Jul‐17 ✔ Delay due to District Inclusion Process

Construction Complete Oct‐17 Dec‐17 Updated Finish date due to construction delays

Riverbend Infrastructure Don/ Matt

Finish Landscaping Roundabout Sep‐16 Apr‐17 ✔

Buildings and Equipment

New Town Hall April

Construction Drawings Jun‐17/Jul‐17 Aug‐17 Delayed due to CMGC Process / Evaluating Costs

CMGC Selection Jul‐17 ✔Construction Begins Sep‐17 TBD Evaluating Costs

Construction Complete Jun‐18 9 Months

Parks and Recreation

General Trail Improvements Matt

Const. of Trail from OT to Fairview Village Spring 17 Fall 17 Under construction, Scheduled to complete end of Sept

Design of Trail along TROC Spring 17 Spring 18 Moved to 2017 to align with the improvements

Harmony Bridge Signage Matt

Waiting on Completion of School House Rd. Anticipated Fall 2017

CIP

Categor

y Project Task

Dept.

Head

Original

Schedule

Revised

Schedule Complete

On

Schedule?

Explanation/Comments

Design other 3 corners Apr‐17 Fall 17 ✔Construction of other 3 corners Jul‐17 Summer 18

Poudre River Trailhead Park Matt

Continue River Tree Cleanup Fall 17

Design Soft Trail and inlet Crossing May‐17 Fall 17 Bridge Options cost prohibitive, exploring alternatives

Construct Trail and Crossing Jul‐17 Winter 17

Timnath South Regional Park Matt

Closeout McCauley Contract Apr‐17 Oct‐17 Waiting on Contractor for final concrete and repairs sched

Playground Modifications Apr‐17 ✔ ✔ TOT swings are ordered and should be installed in May

Secure Permanent Water Rights Apr‐17 Looking at leasing option instead

Design Shade Structures Apr‐17 Jul‐17 Concept Design complete, evaluating contractors

Construction of Shade Structures Jun‐17 Fall 17

Design 2018 Phase 2 improvements Fall 17

Wildwing Park Matt

Parking Lot Landscape Imprvmnts Fall‐16 Oct‐17 Massive tree failure due to soil conditions

Master Planning Fall 2017 ✔ Public Process

TOWN COUNCIL COMMUNICATION Meeting Date: September 26, 2017

Item: Ordinance 15, Series 2017, An Ordinance of the Town of Timnath Approving the Amended Planned Development Overlay District for the Harmony Subdivision – Public Hearing

Ordinance√

Resolution

Discussion

For Information

Presented by: Matt Blakely Community Development Director

EXECUTIVE SUMMARY: This action is to amend the current PD Overlay to add uses that will be permitted or conditional to the CMU zoning. All previously approved PD Overlay modifications will remain/unchanged. STAFF RECOMMENDATION: Staff recommends the approval of the PD Overlay application. PLANNING COMMISSION ACTION ON 9/5/2017: At its regular scheduled meeting on September 5, 2017 the Planning Commission recommended approval to the Timnath Town council unanimously (5-0) by voice vote. KEY POINTS/SUPPORTING INFORMATION: Owner: Harmony, LLC Applicant: Mark Tingey Application Type: Rezoning Legal Description/Address: Parcel(s) of land located at the northwest corner of Harmony and Latham Parkway (LCR1) in the Harmony Subdivision. Parcel Size (Acres): 642 +/- total acres

Existing Zoning: R-E, R-3, CMU with PD Overlay Proposed Zoning: R-E, R-3, CMU with PD Overlay Existing Land Use: Vacant, Single-Family Residential Proposed Land Use: Single-Family Residential Comprehensive Plan Designation: Very Low Density Residential, Medium Density Residential, Mixed Use

SERVICES:

Water: FortCollins–LovelandWaterDistrictSewer: SouthFortCollinsSanitationDistrictFire: PoudreFireAuthorityElectric: Xcel

Adjacent Zoning/Land Uses:

Direction Zoning Land Use North FA‐1(LarimerCounty) VacantLandSouth C‐2&MU VacantLand(TimnathRanchSubdivision)East RMU(TownofWindsor) RidgeatHarmonySubdivisionWest R‐3,R‐2,MU VacantLand(TimnathLanding

Subdivision)

USES BEING ADDED AS PERMITTED OR CONDITIONAL: Permitted:

1. Multiple Family Dwellings 2. Senior Housing 3. Single Family Detached 4. Single Family Attached on small lots 5. Two Family Dwellings 6. Community Facilities 7. Membership clubs 8. Mixed Use Dwelling 9. Grocery Store 10. Tourist Facility 11. Veterinary Facility, Small animal

Conditional:

1. Golf Course 2. Public facilities with business offices, repair, and storage 3. Family child care homes 4. Child care center 5. Entertainment facilities and theaters 6. Limited indoor recreation facility 7. Limited outdoor recreation facility 8. Plan nurseries and greenhouses

REVIEW CRITERIA: From Section 2.9.14.9 of the Land Use Code:

Final PD Development Plan Review Criteria:

1. The proposed Planned Development District shall have a unified character throughout the district. The Planned Development District shall have no more adverse effects on health, safety, or welfare of the surrounding properties, or shall be no more injurious to property or improvements in the area than would any other use generally permitted in the same district. In making such a determination, consideration shall be given to:

a. The location, type, and height of buildings or structures;

b. The type and extent of landscaping and screening on the site; and

c. Whether the proposed use is consistent with any policy of the comprehensive plan that encourages mixed uses and/or densities

Response: This PD Overlay does not have more adverse effects on health, safety or welfare of the surrounding properties as it is only adding certain specific uses to be permitted or conditional in the Commercial Mixed Use (CMU) zone. This will actually encourage a larger range of mixed uses and/or densities. These uses were previously approved with the MU district.

2. Adequate utilities shall be provided

Response: The adequate utilities have been provided through previous platting and development.

3. The proposed Planned Development District will not substantially impair the appropriate use or development of adjacent property.

Response: This PD Overlay well not impair the appropriate use or development of adjacent property since it is only adding new uses to the Harmony Subdivision

4. No significant traffic issues are created.

Response: This PD Overlay does not create traffic issues. A traffic study was done for the entire Harmony Subdivision. If a use is proposed that exceeds the original traffic study, a memo update will be required to address any additional impacts.

5. The Planned Development District results in a more efficient development.

Response: This PD Overlay is a more efficient development with the addition of more uses to give a larger range of mixed uses to the community. The future development will require site plan review and approval that complies with the Town’s Land Use Code.

RECOMMENDED MOTION: I move to recommend approval of Ordinance 15, Series 2017 the Harmony Amended Planned Development Overlay District, with the following conditions:

a. Allow staff to continue to work with applicant to address all unresolved non-substantive technical comments to the satisfaction of Town Staff and Referral Agencies

ATTACHMENTS: 1. Ordinance 2. Harmony Planned Development Overlay Map 3. Existing PD Overlay (For Reference)

TOWN OF TIMNATH, COLORADO ORDINANCE NO. 15, SERIES 2017

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIMNATH APPROVING THE

AMENDED PLANNED DEVELOPMENT OVERLAY FOR HARMONY SUBDIVISION, GENERALLY LOCATED WEST OF AND ADJACENT TO LATHAM PARKWAY, AND NORTH

OF AND ADJACENT TO HARMONY ROAD

WHEREAS, Harmony, LLC (the “Developer”) has submitted an Amended Planned Development Overlay for the Harmony Subdivision, more particularly described in Exhibit A (legal description) and Exhibit B (Amended Planned Development Overlay) and attached hereto and incorporated herein by this reference (the “Property”); and WHEREAS, a properly noticed public hearing was held on September 5, 2017, and the above described Final Planned Development Overlay was recommended for approval to the Town Council by the Town of Timnath Planning Commission; and WHEREAS, a properly noticed public hearing with the Town Council was held on September 26, 2017 and upon hearing the statements of staff, the applicant(s) and giving consideration to the recommendations, the Town Council determines as provided below.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF

TIMNATH, COLORADO:

Section 1. Property Zoned That Article 3 of the Timnath Land Use Codes and the map referred to therein as the "Official Zoning Map of the Town of Timnath", said map being part of said Zoning Code and showing the boundaries of the district specified, shall be and the same is hereby amended in the following particulars, to wit:

The existing R-E, R-3, and CMU zoning is amended with the addition of a Planned

Development Overlay – See attached Exhibits A&B Section 3. Public Hearing The Town Council held a public hearing on Tuesday, September 26, 2017 regarding the zoning of the property.

Section 4. Severability If any article, section, paragraph, sentence, clause, or phrase of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Council hereby declares that it would have passed this Ordinance and each part or parts hereof irrespective of the fact that any one or parts be declared unconstitutional or invalid. Section 5. Effective Date This Ordinance shall take effect upon adoption at second reading, as provided by Section 3.5.5 of the Charter. The Town Clerk shall certify to the passage of this ordinance and make not less than one copy of the adopted Ordinance available for inspection by the public during regular business hours.

INTRODUCED, MOVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF TIMNATH ON FIRST READING, ON SEPTEMBER 6, 2017, AND SET FOR PUBLIC HEARING, AND SECOND READING AT 6:00 P.M. ON SEPTEMBER 26, 2017 AT THE TIMNATH ADMINISTRATION BUILDING, 4800 GOODMAN STREET, TIMNATH COLORADO AND ORDERED PUBLISHED BY TITLE THIS 26 DAY OF SEPTEMBER, 2017. MOVED, SECONDED AND FINALLY ADOPTED ON SECOND READING FOLLOWING PUBLIC HEARING BY THE TIMNATH TOWN COUNCIL ON SEPTEMBER 26, 2017.

TOWN OF TIMNATH, COLORADO

Jill Grossman-Belisle, Mayor ATTEST: Milissa Peters, CMC Town Clerk

EXHIBIT A

Legal Description of Property Proposed for Amended Planned Development Overlay

EXHIBIT B

Amended Planned Development Overlay

[attached]

A Westrian Company

HARMONY SUBDIVISION - PD OVERLAY EXCEPTIONSRANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN;

A TRACT OF LAND LOCATED IN SECTION 36, TOWNSHIP 7 NORTH,

COUNTY OF LARIMER, STATE OF COLORADO

*15' MINIMUM SETBACK TO PRINCIPAL RESIDENCES OR TO SIDE LOADED GARAGE. 20' MINIMUM SETBACK TO FRONT LOADED GARAGE.

MinimumFront Yard

Setback

MinimumSide YardSetback

MinimumRear YardSetback

Corner/SideYard SetbackWhich abut

R.O.W.

MinimumDistanceBetweenBuildings

Minimum LotArea PerDwelling

Minimum LotWidth

MaximumImpervious LotCoverage (%)

30' 20' 20' 30' 40' 1 Acre 140' 25%

15'(22' Garage) 5'/0' 15' 5'/0'

Per BuildingCodes 1,800 sf 20' 75%

Filing No. Lot No.Lots 1-10

(Lifestyle Lots) 15'* 5' 15' 14' 10' .21 Acres 60' 60%

Lots 11-20(Lifestyle Lots)

25' 7' 15' N/A 14' .21 Acres 60' 60%


20' 5' 15' N/A 10' .21 Acres 60' 60%

Lots 30-39(SF Estate Lots)

25' 7' 15' 14' 14' .21 Acres 60' 50%


25' 7' 15' 14' 14' .21 Acres 60' 50%

Lots 58-73(SF Estate Lots) 25' 7' 15' 14' 14' .21 Acres 60' 50%

Lots 74-97(Lifestyle Lots) 20' 5' 15' 14' 10' .21 Acres 60' 60%


25' 5' 20' 14' 10' .21 Acres 60' 50%


25' 5' 20' 14' 10' .21 Acres 60' 50%


20' 5' 15' 14' 10' .21 Acres 60' 60%


20' 5' 15' 14' 10' .21 Acres 60' 50%


20' 5' 15' N/A 10' .21 Acres 60' 50%

Lots 179-205(SF Estate Lots) 25' 5' 20' N/A 10' .21 Acres 60' 50%

Current Standard Per R-3(Two Family) Zoning District

HarmonyFirst FilingRE Estate

ZoningDistrict

Current Standard Per R-E(Estate) Zoning District

HarmonySecond

Filing REEstateZoningDistrict

HarmonyAmended

Third FilingR-3 TwoFamilyZoningDistrict

Lots 208-231(Lifestyle Lots) 15'* 5' 10' N/A 10' 4,000 sf 20' 60%

HarmonyAmended

Third FilingR-E Estate

ZoningDistrict

Lot 207(SF Estate Lot)


30'

30'

20'

10'

25'

25'

N/A

N/A

10'

14'

4 Acres

.40 Acres

N/A

100'

50%

60%

HarmonyFourth Filing

R-E EstateZoningDistrict

Lots 305-374(SF Estate Lots) 20' 5' 50%.21 Acres

HarmonyFifth FilingR-E Estate

ZoningDistrict

10' .21 Acres

14'

HarmonyFuture Filing

R-E EstateZoningDistrict

Lots 375-381(SF Estate Lots) 20' 5' 20' 14'

Lots 461-484(SF Estate Lots) 20' 5' 20' 10' .21 Acres 60'

Lots 382-460(SF Estate Lots) 20' 5' 20' 14' 10' .21 Acres 60' 50%

50%

HARMONY SUBDIVISION PD OVERLAY DEVELOPMENT STANDARDSSETBACK, DENSITY & DIMENSIONAL STANDARDS TABLE

HARMONY SUBDIVISION PD OVERLAY DISTRICT SETBACK, DENSITY & DIMENSIONAL ZONING EXCEPTIONS

60' 50%

60'20' 14' 10'

LOT 254

LOT 243

LOT 253

LOT 252

LOT 251

LOT 250

LOT 249

LOT 248

LOT 247

LOT 246

LOT 245

LOT 244 LOT 242

LOT 241

LOT 240

LOT 239

LOT 238

LOT 237

LOT 236

LOT 235

LOT 234

LOT 233

LOT 232

LOT 207

LOT230

LOT228

LOT227

LOT225 LOT

221 LOT217

LOT214

LOT212

LOT210

LOT208

LOT223

LOT209 LOT

211

LOT213

LOT215

LOT216

LOT220

LOT222

LOT224LOT

226

LOT231

AMENDEDTHIRDFILING

LOT 206(SECONDFILING)

SECOND FILING

SECOND FILING

FIRST FILING

FOURTHFILING

FIFTHFILING

LOT218

LOT219

FUTUREFILING

LOT229

AMENDEDTHIRDFILING

THIRDFILING

FIFTHFILING

FOURTHFILING

FUTUREFILING

SECONDFILING

kkoelbel.DS2

Rectangle

kkoelbel.DS2

Rectangle

kkoelbel.DS2

Rectangle

FOR REFERENCE

TOWN COUNCIL COMMUNICATION Meeting Date: September 26, 2017

Item: ORDINANCE 20, SERIES 2017 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP FOR THE TOWN OF TIMNATH – PUBLIC HEARING

Ordinance√

Resolution

Discussion

For Information

Presented by: Matt Blakely Community Development Director

EXECUTIVE SUMMARY: This zoning amendment consists of multiple parcels within the Town limits that are currently zoned C-2 and MU. These two designations no longer exist within the Land Use Code that was approved in January of 2016. Therefore, the zoning map requires updating to be brought into alignment with the Land Use Code. The following developments/properties currently have parcels that are either zoned C-2 or MU that will need this designation change: Gateway Timnath North and South (in particular the Walmart and Costco parcels), Bob Flockhart, Riverbend Subdivision, Timnath Landing, Timnath Ranch, Harmony Club, Timnath South, Serratoga Falls, Thompson property, and West Village. The C-2 commercial zoning districts for Timnath South, pad sites for Gateway Timnath, and Bob Flockhart will remain with their commercial designation of C-2 until a future development proposal is brought forward at which time the applicant/owner will need to apply for a rezoning of those properties to bring them into alignment with the code. Existing Planned Development Overlays and Annexation Agreements for said properties will remain in effect and supersede the underlying zoning code provisions.

STAFF RECOMMENDATION: Staff recommends the approval of the zoning designation changes.

PLANNING COMMISSION RECOMMENDATION: At their regularly scheduled meeting on 4/18/17, after holding a public hearing, the Planning Commission recommended to Town Council approval of the rezoning change by a vote of 5-0.

KEY POINTS/SUPPORTING INFORMATION: ExistingZoning: C‐2,MU ProposedZoning: CC,NC,RC,CMU,RMU

ADVANTAGES: More closely aligns the zoning map with the correct zoning designation in the land use code. Provides clarity on how parcels would develop and under what regulations.

DISADVANTAGES: None

FINANCIAL IMPACT: None

RECOMMENDED MOTION: ImovetoapproveOrdinance20,2017,AnOrdinanceAmendingtheOfficialZoningMapfortheTownofTimnath”.

ATTACHMENTS: 1. Ordinance 2. Zoning Map dated January 1, 2016 3. Proposed Zoning Map dated May 9, 2017


AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF

TIMNATH FOR THE PURPOSE OF ZONING CERTAIN REAL PROPERTY WHEREAS, The Town of Timnath adopted a Land Use Code Update on December 8, 2015 that repealed and re-enacted the Land Use Code and thereby modified the official zoning designations in the Town; and WHEREAS, the following zoning designations were removed from the land use code: C-1 (Neighborhood Commercial), C-2 (Community Commercial), and MU (Mixed-Use); and WHEREAS, the following zoning designations were added to the land use code: RC (Regional Commercial), CC (Community Commercial), NC (Neighborhood Commercial), RMU (Residential Mixed-Use), and CMU (Commerical Mixed-Use); and WHEREAS, those certain properties as depicted on the official zoning map for the Town (Exhibit A) designated as C-2 and MU shall be rezoned to the appropriate zoning designation within the current Land Use Code in compliance with the Town of Timnath Comprehensive Plan and as depicted on the proposed amended zoning map (Exhibit B); and WHEREAS, the amendment to the official zoning map was recommended for approval as depicted in Exhibit B at a public hearing held by the Town of Timnath Planning Commission on Tuesday, April 18, 2017; and WHEREAS, a properly noticed public hearing with the Town Council was held on September 26, 2017 and upon hearing the statements of staff, the applicant(s) and giving consideration to the recommendations, the Town Council determines as provided below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TIMNATH, COLORADO:

ARTICLE 1 - The Town Council hereby approves the Amendment to the Official Zoning Map of the Town of Timnath for the purpose of zoning certain real property in the Town of Timnath. That Article 3 of the Timnath Land Use Codes and the map referred to therein as the "Official Zoning Map of the Town of Timnath", said map being part of said Zoning Code and showing the boundaries of the district specified, shall be and the same is hereby amended in the following particulars, to wit:

Exhibit B (zoning map)

ARTICLE 2 – SEVERABILITY If any part or provision of this Ordinance, or its application to any person or circumstance, is adjudged to be invalid or unenforceable, the invalidity or unenforceability of such part,

provision, or application shall not affect any of the remaining parts, provisions or applications of this Ordinance that can be given effect without the invalid provision, part or application, and to this end the provisions and parts of this Ordinance are declared to be severable.

ARTICLE 4 – EFFECTIVE DATE This Ordinance shall take effect upon adoption at second reading, as provided by Section 3.5.5 of the Charter. INTRODUCED, MOVED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF TIMNATH ON FIRST READING ON SEPTEMBER 6, 2017, SET FOR PUBLIC HEARING AND SECOND READING AT 6:00 P.M. ON SEPTEMBER 26, 2017 AT THE TIMNATH ADMINISTRATION BUILDING, 4800 GOODMAN STREET, TIMNATH, COLORADO AND ORDERED PUBLISHED BY TITLE THIS 26TH DAY OF SEPTEMBER, 2017. MOVED, SECONDED AND FINALLY ADOPTED ON SECOND READING FOLLOWING PUBLIC HEARING BY THE TIMNATH TOWN COUNCIL ON THE 26TH DAY OF SEPTEMBER, 2017. TOWN OF TIMNATH, COLORADO Jill Grossman-Belisle, Mayor ATTEST: Milissa Peters, CMC Town Clerk

EXHIBIT A

Official Zoning Map (dated January 1, 2016)

[attached]

Weld CountyLarimer County

Weld CountyLarimer County

Latha

m Pa

rkwa

y (LC

R-1/W

CR-13

)

Main

St (L

CR-5)

MAIN

ST

CHAN

DRA

ST

WILDSHORE DR

FOLSOMPKWY

TWINBRIDGE DR

SADDLE HORN DR

SUMMERFIELDS PKWYSC

HO

OL HOUSE DR

3RDAVE

4THAVE3RDAVE

E PROSPECTRD (LCR-42)

CLUB DR

BIDENSGATE D R

SERRATOGAFALLS PKWY

BUSS GROVE(LCR-40)

THRE

EBE

LL PK

WY

MAINST

WILDWING DR

GRANDTREE BLVD

THRE

EBE

LL PK

WY

MAJE

STIC

VIEWDR

RIVERPASS

CLUB DR

E HARMONY RD

BUSS GROVE (LRC-40)

E HARMONY RD

R-E

R-E

R-E

R-4

R-3

R-3

R-3

R-3

R-2

R-2

R-2

R-2

R-2

R-2

R-2

R-1

R-1

R-1

R-1R-1

MU

MU

MU

MU

MU

MU

MU

MU

MU

MU

I-1

C-2 C-2

C-2

C-2

C-2

C-2

C-2 C-2

C-1

B

BA

A

A

KitchelLake

DeadmanLake

TimnathReservoir

FossilCreek

Reservoir

Official Zoning Map Town of Timnath, Colorado

Estate ResidentialOld Town ResidentialSingle Family ResidentialTwo Family & Multi FamilyMulti-Family ResidentialBusinessNeighborhood CommercialCommunity CommercialMixed UseBusiness/Light IndustrialAgriculturePD OverlayCache La Poudre River

I0 0.5 1 1.5 20.25Miles

Print Date: January 1, 2016All rights reserved, Town of Timnath, Colorado. No part of thisdocument or data contained hereon may be reproduced; usedto prepare derivative products; or distributed without specificwritten approval of the Town of Timnath, Colorado. The Townof Timnath, Colorado, makes no claim as to the completenessor accuracy of the data contained on the base map.Zoning district boundaries are intended to be propertyownership lines or lot lines; centerline of streets, alleys orextensions thereof, channelized waterways or similar rights-of-way; the centerline of blocks; section or township lines;municipal corporate boundaries, the centerlines of streambeds; or other lines drawn approximately to scale on theOfficial Zoning Map.In the event that a zoning district boundary in unclear or isdisputed, it shall be the responsibility of the TownAdministrator to determine the intent and actual location ofthe zoning district boundary.

SmithReservoir

MUI-1

C-2

R-4R-3R-2R-1R-E

C-1B

A

I-25

I-25

Mulberry Street

EXHIBIT B

Proposed Zoning Map

[attached]

E HIGHWAY 14

E HARMONY RD

MAIN

ST (C

R-5)

Latha

m Pa

rkway

MAIN

ST

CLUB

DR

Buss Grove (LCR-40)

Three

Bell P

arkwa

y

E PROSPECT RD

S COUNTY ROAD3F

E COUNTY ROAD 44

WILDWING DR

S COU

NTY R

OAD

3

Riverpass

WELD COUNTY ROAD 76

SUMM

ERFIE

LDS PKW

Y

SIENNA D R

WELD COUNTY ROAD 78

WELD COUNTY ROAD 74

FOLSOM PKWY

MAJESTIC VIEW DR

WILDSHORE DR

GRAND TREE BLVD

DIXO

N ST

TWIN BRIDGE DR

CHAN

DRA S

T

SADDLE HORN DR

RIVERBLUFF DR

KERN

ST

STONE FLY DR

3RD AVE

Latha

m Pa

rkway

MAIN

ST (C

R-5)

Latha

m Pa

rkway

Timnath Reservoir

Fossil Creek Reservoir

Kitchel Lake

Deadman Lake

A

A

A

A

A

A

B

B

CC CC

CC

CC CMUCMU

CMU

CMU

I-1

NC

R-1

R-1

R-1R-1

R-2

R-2

R-2

R-2

R-2

R-2

R-2

R-2

R-3

R-3

R-3

R-3

R-4

R-E

R-E

R-E

RC

RC

RCRMU

RMU

RMU

RMU

RMU

RMU

RMU

C-2

C-2

C-2C-2 C-2

Latha

m Pa

rkway

(LCR

-1/W

CR-13

)WE

LD C

OUNT

YWE

LD C

OUNT

YLA

RIME

R CO

UNTY

LARI

MER

COUN

TY

0 0.5 1 1.5 20.25Miles I

Official Zoning MapTown of Timnath, Colorado

Estate ResidentialOld Town ResidentialSingle Family ResidentialTwo Family & Multi-FamilyMulti Family ResidentialBusinessNeighborhood CommercialCommunity CommercialCommunity CommercialRegional CommercialCommercial Mixed UseResidential Mixed UseIndustrialAgriculturePD Overlay

R-4

R-1

R-E

R-2

R-3

B

NC

CC

C-2

RC

CMU

RMU

I-1

A

Print Date: June 13, 2017All rights reserved, Town of Timnath, Colorado.No part of this document or data containedhereon may be reproduced; used to preparederivative products; or distributed withoutspecific written approval of the Town ofTimnath, Colorado. The Town of Timnath,Colorado, makes no claim as to thecompleteness or accuracy of the datacontained on the base map.Zoning district boundaries are intended to beproperty ownership lines or lot lines; centerlineof streets, alleys or extensions thereof,channelized waterways or similar rights-of-way; the centerline of blocks; section ortownship lines; municipal corporateboundaries, the centerlines of stream beds; orother lines drawn approximately to scale on theOfficial Zoning Map.In the event that a zoning district boundary inunclear or is disputed, it shall be theresponsibility of the Town Administrator todetermine the intent and actual location of thezoning district boundary.

Mulberry Street

§̈¦I-25

§̈¦I-25

§̈¦I-25

TIMNATH TOWN COUNCIL COMMUNICATION Meeting Date: September 26, 2017

Item: An Ordinance Approving the First Amendment to the Amended and Restated Annexation and Development Agreement for the Harmony Subdivision.

Ordinance √Resolution

Discussion

For Information

Presented by: Robert Rogers Town Attorney

EXECUTIVE SUMMARY: This ordinance approves the First Amendment to the Amended and Restated Annexation and Development Agreement for the Harmony Subdivision (“the Amendment”). The Amendment extends the vesting of certain property rights to develop the Harmony Subdivision from December 31, 2019 to December 31, 2029. In exchange, through a PD Overlay approved contemporaneously with this Amendment, the developer agrees to prohibit drive-through restaurants within the remaining undeveloped Harmony Subdivision. STAFF RECOMMENDATION: Staff recommends approval of this ordinance. KEY POINTS/SUPPORTING INFORMATION:

Despite reasonable development track record on the part of the Developer since approval of the initial vesting schedule, the eight year build out estimated by the 2011 Amended and Restated Annexation and Development Agreement is unlikely to be achieved.

The Amendment and the PD Overlay balance the Town’s planning interests against the economic cost to the developer of prohibiting drive-through restaurants. The extension of the vesting schedule will add long term certainty for both the Developer and the Town with respect to the Harmony Subdivision.

The PD Overlay that contains the drive-through use prohibition will be enacted contemporaneously via a separate ordinance.

ADVANTAGES: The Town avoids potential adverse impacts of drive-through restaurant land uses. Harmony Subdivision residents gain security that the project will be developed as planned, despite any

delays due to market or other unforeseen conditions.

DISADVANTAGES: The Amendment will give the town very little authority in the context unilaterally rezoning the property during the period of extended vesting.

FINANCIAL IMPACT: None.

RECOMMENDED MOTION: I move approval of Ordinance No. 21, Series 2017

ATTACHMENTS: 1. Ordinance 2. Terms of the Amendment 3. Terms of the Amended and Restated Annexation and Development Agreement for the Harmony

Subdivision


AN ORDINANCE APPROVING THE FIRST AMENDMENT TO THE AMENDED AND

RESTATED ANNEXATION AND DEVELOPMENT AGREEMENT FOR THE HARMONY SUBDIVISION

WHEREAS, the Town of Timnath (the “Town”) is a home rule municipality operating under the Timnath Home Rule Charter (the “Charter”) adopted on November 7, 2006 and the Town’s Municipal Code (the “Code”). Pursuant to the Charter, the Code and the authority given home rule municipalities, the Town may adopt and amend ordinances; and WHEREAS, the Town and Rodney L. Nelson, an individual, and Harmony, LLC, (the “Developer”) are parties to that certain Amended and Restated Annexation and Development Agreement for the Harmony Subdivision which was executed on December 12, 2011 (the “Original ADA”); and WHEREAS, the Town and the Developer desire to amend the Original ADA to accommodate delays in the planned development; and WHEREAS, attached hereto as Exhibit A is the First Amendment to the Amended and Restated Annexation and Development Agreement for Harmony Subdivision (the “Amendment”); and WHEREAS, the Town Council is familiar with the Amendment and finds it to be in the best interest of the Town, its residents, and the general public. NOW, THEREFORE, THE COUNCIL OF THE TOWN OF TIMANTH, COLORADO, ORDAINS: ARTICLE 1 – AMENDMENT The Town Council hereby approves the Amendment in substantially the form as attached hereto, subject to technical or otherwise non-substantive modifications, as deemed necessary by the Town Manager in consultation with the Town Planner, Engineer, Legal Counsel, and other applicable staff or consultants. ARTICLE 2 – SEVERABILITY

If any part or provision of this Ordinance, or its application to any person or circumstance, is adjudged to be invalid or unenforceable, the invalidity or unenforceability of such part, provision, or application shall not affect any of the remaining parts, provisions or applications of this Ordinance that can be given effect without the invalid provision, part or application, and to this end the provisions and parts of this Ordinance are declared to be severable.

ARTICLE 3 – REPEALER All ordinances or resolutions, or parts thereof, in conflict with this Ordinance are hereby repealed, provided that such repealer shall not repeal the repealer clauses of such ordinance nor revive any ordinance thereby. ARTICLE 4 – EFFECTIVE DATE This Ordinance shall take effect upon adoption at second reading, as provided by Section 3.5.5 of the Charter. INTRODUCED, MOVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF TIMNATH, ON SEPTEMBER 6, 2017, AND SET FOR PUBLIC HEARING AND SECOND READING AT 6:00 P.M. ON SEPTEMBER 26, 2017, AT THE TIMNATH ADMINISTRATION BUILDING, 4800 GOODMAN STREET, TIMNATH, COLORADO AND ORDERED PUBLISHED BY TITLE THIS 6TH DAY OF SEPTEMBER, 2017. MOVED, SECONDED AND FINALLY ADOPTED ON SECOND READING FOLLOWING PUBLIC HEARING BY THE TIMNATH TOWN COUNCIL ON SEPTEMBER 26, 2017 TOWN OF TIMNATH, COLORADO Jill Grossman-Belisle, Mayor ATTEST: Milissa Peters, CMC Town Clerk

EXHIBIT A

FIRST AMENDMENT TO THE AMENDED AND RESTATED ANNEXATION AND DEVELOPMENT AGREEMENT FOR THE HARMONY SUBDIVISION

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FIRST AMENDMENT TO AMENDED AND RESTATED

ANNEXATION AND DEVELOPMENT AGREEMENT FOR THE HARMONY SUBDIVISION

THIS FIRST AMENDMENT TO AMENDED AND RESTATED ANNEXATION AND DEVELOPMENT AGREEMENT FOR THE HARMONY SUBDIVISION (the “Amendment”), is made and entered into to be effective the ___ day of ____________, 2017, by and between the TOWN OF TIMNATH, a Colorado municipal corporation (the “Town”); RODNEY L. NELSON, an individual, and HARMONY, LLC, a Colorado limited liability company (the “Developer”). The Town, Rodney L. Nelson, and the Developer are referred to herein individually as a “Party” and collectively as the “Parties.”

RECITALS

A. The Parties entered into that certain Amended and Restated Annexation and Development Agreement for the Harmony Subdivision, dated December 12, 2011 (the “Agreement”). Capitalized terms used herein shall have the meanings given to them in the Agreement.

B. Pursuant to Paragraph 32 of the Agreement, the Agreement may be amended only by written agreement among the Property Owners, Development, and the Town. In the event the Property is subdivided and lots are sold to different individuals in the future, the Agreement may be amended only by agreement between the Property Owners, Developer, and the Town, without consent of such lot owners to the extent such amendment does not materially adversely affect such other lot owners in any material manner.

C. The Parties desire to amend the Agreement to extend the vesting of property rights from December 31, 2019 until December 31, 2029, and to update the site specific development plan that is being vested.

D. The property has been subdivided and lots have been sold to different individuals. However, the Parties agree that this Amendment does not materially adversely affect such other lot owners in any material manner.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties covenant and agrees as follows:

AGREEMENT

1. Amendment. Paragraph 23.B of the Agreement is hereby amended and restated in its entirety as follows:

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B. Vesting of Property Rights. In recognition of the land size of the development contemplated under this Agreement, the substantial financial investment and time required to complete the development of the Property, the phased development of the Property and the possible impact of economic cycles and varying market conditions during the course of development, the Town agrees to grant extended vested property rights in that certain Plan Development Overlay approved by Ordinance No. 20, Series 2017 pursuant to the provisions of Timnath Municipal Code as of the effective date of this agreement through December 31, 2029.

2. Prior Provisions Effective. Except as expressly modified by this Amendment, all other provisions of the Agreement shall remain in full force and effect.

3. Counterpart Execution. This Amendment may be executed in several counterparts, each of which may be deemed an original, but all of which together shall constitute one and the same instrument. Executed copies of this Amendment may be delivered by facsimile or email of a PDF document, and, upon receipt, shall be deemed originals and binding upon the signatories to this Amendment.

[Signature page follows.]

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IN WITNESS WHEREOF, the Parties have executed this Amendment to be effective on the date first written above. By the signature of its representative below, each Party affirms that it has taken all necessary action to authorize said representative to execute this Amendment.

THE TOWN:

TOWN OF TIMNATH, COLORADO Attest: By: By: Milissa Peters, Town Clerk Jill Grossman-Belisle, Mayor

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PROPERTY OWNER:

______________________________ Rodney L. Nelson

STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me on __________________, 2017, by Rodney L. Nelson.

Witness my hand and official seal. My commission expires: _______________ __________________________________ Notary Public

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PROPERTY OWNER AND DEVELOPER:

HARMONY, LLC, a Colorado limited liability company

By: ________________________________ Byron R. Collins, Manager

STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me on __________________, 2017, by Byron R. Collins, as Manager of HARMONY, LLC, a Colorado limited liability company.

Witness my hand and official seal. My commission expires: _______________ __________________________________ Notary Public

TOWN COUNCIL COMMUNICATION Meeting Date:

Item: EXECUTIVE SESSION: “For the purposes of discussion concerning the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interests under Section §24-6-402(a), C.R.S.; discussion concerning personnel matters under §24-6-402(4)(f), C.R.S.; discussion regarding positions relative to matters that may be subject to negotiations and development of a strategy for negotiations under §24-6-402(4)(e), C.R.S.; and conferences with the Town’s attorney for purposes of receiving legal advice on specific legal questions under §24-6-402(4)(b), C.R.S.”

Ordinance

Resolution

Discussion X

Presented by: Town Attorney

KEY POINTS/SUPPORTING INFORMATION: EXECUTIVE SESSION: “For the purposes of discussion concerning the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interests under Section §24-6-402(a), C.R.S.; discussion concerning personnel matters under §24-6-402(4)(f), C.R.S.; discussion regarding positions relative to matters that may be subject to negotiations and development of a strategy for negotiations under §24-6-402(4)(e), C.R.S.; and conferences with the Town’s attorney for purposes of receiving legal advice on specific legal questions under §24-6-402(4)(b), C.R.S.”

ADVANTAGES: N/A

DISADVANTAGES: N/A

FINANCIAL IMPACT: N/A

RECOMMENDATIONS: I move to enter into Executive Session “For _____________________________________________.”

ATTACHMENTS: N/A

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