[1:01:48]

[1:02:25] Yeah But we're not taking any questions

[1:02:28] on this If you continue to interrupt,

[1:02:34] you're going to be removed So respect the decorum.

[1:02:36] Please.

[1:02:37] Here I have a hearing from Well, you're

[1:02:40] welcome to move your chair up closer,

[1:02:42] but we're not interrupting the meeting.

[1:02:44] Let's let's let's respect everybody else in here.

[1:02:48] The folks are talking up here, but we're getting out of line.

[1:02:51] All right.

[1:02:52] Continue please.

[1:02:53] Chad I guess my question would be what?

[1:02:57] I mean, you want to look at this over this year time period

[1:03:02] that we're looking at.

[1:03:03] You know, to do this research So what

[1:03:07] does this time frame look like that we would compile

[1:03:10] this committee of sorts?

[1:03:14] Because as are we wanting this to be

[1:03:16] in conjunction with that year time

[1:03:19] frame that he's making reference.

[1:03:22] I don't think i wasn't suggesting that it had to be.

[1:03:25] I just, you know, we have a proposal in front of us.

[1:03:29] If it takes longer or less time, I I would

[1:03:33] I don't think that it's that it should be time certain I mean

[1:03:44] I guess I'm not saying I don't trust our staff,

[1:03:47] but how are You going to pick six people and not

[1:03:50] and have that be random unless you're going to draw names out

[1:03:53] of a hat because you're going to know if someone's

[1:03:56] for it or against it.

[1:03:57] I could pick six people right now.

[1:03:59] That'd be great with it.

[1:04:01] That's not right Because I'm pretty

[1:04:03] sure six people in this room would be against it So

[1:04:06] how do you find how are you going to keep

[1:04:09] that biased or unbiased?

[1:04:12] So when I look at it from a staff perspective,

[1:04:14] us as a council up here vote 98% at a time of staff

[1:04:18] recommendation So what's your what you're saying

[1:04:23] is you don't trust the staff is kind

[1:04:25] of what I'm getting at here.

[1:04:27] I did not say that.

[1:04:28] I didn't.

[1:04:29] That's kind of what we're in situate into.

[1:04:31] The way I look at staff not put words in my mouth.

[1:04:34] Please.

[1:04:34] I did not say, Well, you just saying,

[1:04:35] how do we trust the staff?

[1:04:37] I did not say that The staff gives

[1:04:40] us recommendation and guidance.

[1:04:42] That's not what I said If you don't

[1:04:45] want to go forward with this it would be an advisory committee.

[1:04:49] It would not take away your discretion at the end of the day

[1:04:52] to make right decisions.

[1:04:54] And regulations.

[1:04:55] We're going to need even with an advisory committee,

[1:04:58] you're going to need assistance of staff

[1:05:01] to help draft regulations.

[1:05:04] It would it would be a process just to provide recommendations

[1:05:08] and information to you.

[1:05:10] We could do our best to set out the types of folks

[1:05:15] that you might want to sit on this committee

[1:05:19] if you want them to have education or no education.

[1:05:21] I mean, that that's all within your protocol.

[1:05:24] But i just want you to know that it won't take off.

[1:05:27] At the end of the day, They're not going to be

[1:05:28] the final decision makers.

[1:05:29] They're just going to be providing education If you

[1:05:32] want to go forward with this.

[1:05:34] I think one of the other things that I heard from marin Council

[1:05:37] was if you want to create this commission

[1:05:40] or this committee, what we could actually do

[1:05:42] is probably establish some sort of survey asking people

[1:05:46] exactly what their perspective or their preferences on data

[1:05:51] centers So we do get a good cross-section

[1:05:56] of perspectives on this topic.

[1:05:59] So that we can listen and learn hopefully about what's going on

[1:06:04] and take all of that information and you know,

[1:06:08] there may there may be some other activities that

[1:06:11] that committee decides to do.

[1:06:13] But what we can do as staff is we

[1:06:16] can collect that data for them and present it to them.

[1:06:19] So that they can make the best decision or recommendation to

[1:06:24] the council for final decision.

[1:06:27] Matt, do you feel that Six would be too small or 6.

[1:06:31] A good number ?

[1:06:37] I I don't know that answer.

[1:06:40] I mean, I I ideally, you want to find

[1:06:43] somebody that really doesn't probably

[1:06:46] know much about data centers.

[1:06:48] I'd, I'd say probably a good candidate,

[1:06:50] but I'm not going to be involved in that You know

[1:06:55] But people that don't have a bias One way or another

[1:06:59] that at the end of the day, I mean as a staff,

[1:07:03] we're here to serve Right.

[1:07:05] That's why we're here We we take the opinions of the community.

[1:07:10] We take the direction of the council.

[1:07:12] And we carry that out.

[1:07:13] That's our responsibility Our responsibility is not

[1:07:16] to get emotionally involved with the decision making

[1:07:19] process of the governing body All right.

[1:07:25] Six might be the right answer Now

[1:07:28] I shudder to think that more than ten,

[1:07:31] but I think you do need a good cross-section of pro con

[1:07:37] and probably understand guided that need to take

[1:07:43] the information excuse me.

[1:07:45] Take that information and come to a conclusion

[1:07:48] to as to as to what they think is best for the community

[1:07:54] probably more more than likely.

[1:07:55] Thou art is better than even in the case

[1:08:00] that we have a split decision and probably

[1:08:05] probably if you have I do you probably

[1:08:07] want to try to keep as many undecided or unknowing

[1:08:13] individuals about the topic would be primary

[1:08:17] So then I'll reverse the question.

[1:08:18] The council does council think that the six or if we go

[1:08:21] with an odd number, 7 or 9 or something,

[1:08:23] what number feels good ?

[1:08:28] I still think it should be left up to the citizens.

[1:08:31] I do.

[1:08:32] It's their property They.

[1:08:33] They live in this town.

[1:08:35] I've lived here Not as long as Chad or Jessie.

[1:08:38] I've lived here 26 years.

[1:08:40] But even people coming in, they bought property here

[1:08:43] and they should have a right to say whether they get to hear

[1:08:47] the noise breathe, the pollution, whatever I don't even

[1:08:51] think six people whether they're four against it,

[1:08:54] how you're going to do that.

[1:08:56] And bring it back to us, for us to decide when, if we just

[1:08:59] listen to our citizens, we would we would have that answer

[1:09:03] if we listened to the citizens.

[1:09:05] Right now, you would have that answer.

[1:09:07] If you've looked online is social media at all?

[1:09:10] I have not heard very many people for it.

[1:09:13] So why are we not listening to the citizens

[1:09:15] instead of creating a committee just

[1:09:17] to kick the can down the road, to have somebody that possibly

[1:09:21] pushes those people that are on there to magically get

[1:09:25] some good news through there that somebody believes

[1:09:29] and then it's i don't know.

[1:09:31] Well, there's over 20,000 residents in this

[1:09:33] community So I think we've got to look at it

[1:09:35] from a bigger perspective.

[1:09:37] Let them vote on the ballot in 2020.

[1:09:43] But yeah, this is a tough one, right So

[1:09:56] and I'm trying to scope my brain around the agenda item, which

[1:10:00] is the committee I have definitely comments

[1:10:02] for ordinance number eight when we get to that piece

[1:10:08] But the committee itself, I've been part of a lot

[1:10:10] of committees over the years.

[1:10:12] I'm sorry, early public arts and several of them.

[1:10:15] I do agree that if we move forward with a committee,

[1:10:18] I think having an odd number is recommended

[1:10:21] and a smaller number not to exceed, say,

[1:10:25] ten just because then we get too much Where I'm hearing Diane

[1:10:30] is of the need for the committee.

[1:10:32] The need for the committee was based off

[1:10:33] the idea of ordinance number eight,

[1:10:36] which is establish a moratorium.

[1:10:38] But assured in hearing from the citizens

[1:10:40] This committee will also just like we've

[1:10:42] done in other committees, will establish communication plans

[1:10:45] with the citizens that could be you know,

[1:10:48] that could be in their charge. that could be one thing

[1:10:50] that they come up and they want to do Maybe they

[1:10:52] want to do the barbecue days or trick

[1:10:54] or treat street and get feedback directly from the citizens.

[1:10:56] That's going to be with the committee.

[1:10:58] Some of the committee decisions So it's not that we can't have

[1:11:01] 20,000 people doing it.

[1:11:04] But then again, we get all the data,

[1:11:06] we get all the information from The committee and the citizens

[1:11:10] It gets really reviewed.

[1:11:12] And again, we we don't have to make a decision The moratorium.

[1:11:15] And Abby, correct me if I'm wrong,

[1:11:16] we have moratoriums and other things They can't just

[1:11:19] come in her bill without our approval we have had more times

[1:11:29] for other things that we had a short oil and gas moratorium

[1:11:32] and we had a moratorium water dedication.

[1:11:34] Since I've been here What's your question exactly?

[1:11:40] I think that if somebody brought forth an application for a data

[1:11:43] center based on My understanding from the work session,

[1:11:46] is it would be considered under the code right now.

[1:11:49] Correct.

[1:11:49] Unless we do the moratorium would pause

[1:11:52] that for 12 months, Correct.

[1:11:53] They would not be able to get that move

[1:11:56] through because it's arbitrary.

[1:11:57] If you all choose to adopt.

[1:11:58] Correct.

[1:11:59] So I just want to clarify that.

[1:12:00] And the committee, if they say we need more time,

[1:12:03] there's more time If the committee also

[1:12:04] says it needs to go to the ballot that's the information

[1:12:07] we want to hear from the citizen.

[1:12:08] So those are the kind of, I guess,

[1:12:10] all the talking points that I'm hearing

[1:12:11] that I'm you want to make sure it's very

[1:12:14] clear to everybody tonight.

[1:12:16] We're not saying at least I'm not saying we

[1:12:18] don't hear from the citizens.

[1:12:19] It's been very light full hearing from the citizens

[1:12:23] We're not saying we're doing anything at this point.

[1:12:26] We still have a public hearing that we have to do.

[1:12:29] And we're not saying that if we do

[1:12:31] a moratorium, if we do nothing, there is

[1:12:32] a risk that they could come in.

[1:12:35] But if we do a moratorium, they can't come in.

[1:12:38] If we ban it, they can't come in So that's what we can do

[1:12:45] But again, I don't think we're there yet as far as

[1:12:46] making that final decision on.

[1:12:48] We just keep a moratorium forever

[1:12:51] and we have marijuana right now is a moratorium forever.

[1:12:53] But I mean, we haven't i mean, it's until somebody can write it

[1:12:59] well, but then that comes to a vote

[1:13:01] against it's not just they can't build something downtown

[1:13:04] So I think we have we have protections in place.

[1:13:07] We just don't have all the information in.

[1:13:10] And.

[1:13:10] That's right.

[1:13:11] One information.

[1:13:11] I think there are some smart people out here that

[1:13:13] know a lot more about this stuff than us

[1:13:16] And I'd love to hear from them both on all sides of the fence.

[1:13:19] As you said So that's why I think establishing

[1:13:22] a committee would help do it is not,

[1:13:24] I think, all inclusive to the seven people

[1:13:27] or whatever we decide Megan what would be the next opportunity

[1:13:34] if if we chose to put it to a vote

[1:13:38] We were told last week that the next opportunity

[1:13:43] after this November would be April of 2028.

[1:13:46] Is that still true?

[1:13:48] Mayor Duncan and Council member If you are looking at a tabor

[1:13:53] question, sales tax something like that, that

[1:13:56] is correct because sales tax questions

[1:13:59] can only be coordinated or put on our regular municipal ballot.

[1:14:05] If you are looking to ask a question of the community

[1:14:08] and that is not a Tabor question the council

[1:14:11] can coordinate with the counties for a November election

[1:14:16] at that time frame is very tight right now,

[1:14:19] but you could look at 2027 in November, but actually

[1:14:23] and this council also has the ability

[1:14:26] to call a special election if they choose to.

[1:14:29] And refer a measure to the public at any time,

[1:14:33] as long as it's not a Tabor question okay.

[1:14:36] Thank you.

[1:14:37] I was not aware of how that worked.

[1:14:39] And I appreciate you telling us.

[1:14:40] Thank you Again, Meghan, at what cost for that special election?

[1:14:46] Sure.

[1:14:46] So generally coordinated elections and and,

[1:14:50] you know, Weld County is very clear.

[1:14:52] Right. $2 a voter is what we pay larimer County.

[1:14:57] It's based on ballot size.

[1:14:59] How many other municipalities are coordinating And so, you

[1:15:03] know, we estimate for a coordinated election 40

[1:15:05] to 50,000 to do that election coordinated with the counties

[1:15:10] are our last election that we just did in April

[1:15:14] And that election was 35,000.

[1:15:16] The council should note that there

[1:15:18] were two two different ballots that

[1:15:21] went out because of the DDA.

[1:15:22] So that did change it a little bit in my estimation,

[1:15:26] between 25 and 30,000 at today's cost today would be what

[1:15:31] it would cost for my office to do

[1:15:35] an election for the town Yeah.

[1:15:47] So as you guys want to do 11 on the advisory board, given it

[1:15:50] that odd number or Seven good What's everybody

[1:15:59] feeling I have no preference.

[1:16:00] I'm fine with either way.

[1:16:02] Just curious what everybody else thought.

[1:16:03] Oh, Chad i would think 7 would be enough but I don't.

[1:16:08] I don't have an opinion.

[1:16:10] One way or the other.

[1:16:11] I do think I'd numbers better, but I don't.

[1:16:14] I don't care what number it is, the more you add,

[1:16:16] the more complex it gets for the staff as well too.

[1:16:18] Sure.

[1:16:19] So I'm thinking 7 would be a prime number for me to recommend

[1:16:24] OK And thank you, Damien, for explaining that a little better

[1:16:30] All right.

[1:16:31] Any further deliberation before I make a motion with that,

[1:16:36] I move to establish a Johnstown Data Center Advisory committee

[1:16:40] consisting of seven Johnstown residents selected

[1:16:42] through an open application process

[1:16:45] and one town staff member to provide

[1:16:48] administrative oversight.

[1:16:49] The committee should operate independently of the town

[1:16:51] council, evaluate all aspects of potential data center

[1:16:53] development including land use, infrastructure

[1:16:56] environmental impacts, public safety, potential regulations

[1:16:59] to receive public and expert input

[1:17:01] and submit a written report with recommendations including

[1:17:04] proposed regulations, development standards

[1:17:06] to the Town Council or with a date to be determined The all

[1:17:14] right, Well article in a motion by myself,

[1:17:16] seconded by Council member Bashford, we put it to electric.

[1:17:46] Preliminary plat and rezone seven Alpha Resolution number

[1:17:50] 2020 6-35 approve a preliminary plat to White House a division

[1:17:54] following number two, then seven Bravo ordinance 2020 62-29

[1:17:59] for approving rezoning a real property

[1:18:02] known as the White subdivision Finally, number two.

[1:18:07] With that, I go and ask for a staff report To

[1:18:23] and Megan will have a vote on all three of those resolutions

[1:18:26] separately.

[1:18:28] The two that are before us.

[1:18:30] Duncan Yes.

[1:18:31] OK Thank you Good evening.

[1:18:46] Mayor Duncan and council members.

[1:18:48] My name's Aubrey Flores, planner one with the town of Johnstown

[1:18:52] And I'm just trying to get my slide show on to the screen

[1:18:58] Maybe it's coming to your rescue.

[1:19:00] Thank you, Mike Okay Thank you.

[1:19:08] Thank you.

[1:19:09] Here we go.

[1:19:10] Tonight, I'll be presenting Two applications for the property

[1:19:14] known as White Hall.

[1:19:15] A preliminary plat and a reason these applicant ations

[1:19:18] were submitted and reviewed concurrently under the town's

[1:19:21] land use and development code.

[1:19:23] The subject property is approximately 163.34 acres.

[1:19:28] And as you can see on the vicinity map

[1:19:29] provided it is located north of Weld County Road 46 west

[1:19:34] of Colorado Boulevard south of the Clearview neighborhood

[1:19:37] and east of unincorporated weld County.

[1:19:40] The property was annexed into the town in 2021

[1:19:43] through the Whitehall annexation At that time,

[1:19:46] the property was zoned planned unit development,

[1:19:48] mixed use or Puti MOU.

[1:19:51] There were no zoning documents created or approved

[1:19:53] for the property at that time Also in 2021, Whitehall

[1:19:57] filing number one was approved.

[1:19:58] This subdivision created the parcel.

[1:20:00] You can see around the orange for Roosevelt High School It was

[1:20:05] constructed a few years later The current applications

[1:20:09] represent the next phase of development for the remaining

[1:20:12] Whitehall property.

[1:20:13] So the applicant tonight is requesting approval

[1:20:16] of a preliminary plot I'll be showing you the plot later

[1:20:20] in my presentation portion, but it would subdivide the property

[1:20:22] into seven tracts to outline it and the associated public

[1:20:26] right away that outlets are intended

[1:20:28] for open space drainage detention

[1:20:31] and utility infrastructure.

[1:20:33] The proposed right away establishes the future street

[1:20:35] network through the property and provides connectivity

[1:20:38] to the surrounding areas.

[1:20:40] The applicant tonight is also requesting a reason

[1:20:43] to replace the existing PD zoning with a combination

[1:20:46] of standard zoning districts found within our land

[1:20:49] use undeveloped met code.

[1:20:51] Our two mixed density neighborhood

[1:20:53] our three high density neighborhood

[1:20:55] mNC mixed use neighborhood commercial and MRC mixed

[1:20:59] use Regional commercial.

[1:21:01] The intent of the proposed zoning framework

[1:21:03] is to establish a transition of development intensity

[1:21:06] across the property with lower density residential uses

[1:21:10] to the West and increased opportunities for mixed use

[1:21:13] and commercial development Closer to Colorado Boulevard.

[1:21:16] So this proposal was reviewed for consistency

[1:21:19] with the comprehend the plan, which you can see on the screen

[1:21:23] And it was found that the proposed zoning framework aligns

[1:21:26] with the future land use designations for the property So

[1:21:29] as shown on the future land use map,

[1:21:32] the eastern portion of the property

[1:21:33] is designated medium density slash intensity,

[1:21:36] while the western portion is designated low density slash

[1:21:39] intensity The proposed zoning also supports the town

[1:21:43] goals related to the housing affordability plan

[1:21:46] by providing a wide range of housing for diverse individuals

[1:21:50] neighborhood connectivity and access to service and amenities

[1:21:54] The applications are consistent with the comprehensive plan,

[1:21:56] including goal L1,

[1:21:58] which seeks to ensure that neighborhood character

[1:22:01] and amenities contribute to the health

[1:22:02] and well-being of a diverse range of residents.

[1:22:06] So the following slide shows the existing zoning

[1:22:09] and the surrounding land uses as well,

[1:22:11] which are generally residential to the north and east

[1:22:14] and agricultural to the west and the south.

[1:22:17] The areas shown in gray are located within an incorporated

[1:22:21] Weld County, while the colored areas are properties annexed

[1:22:24] into the town of Johnstown.

[1:22:26] Given this context, the proposed zoning framework

[1:22:29] was designed to create a transition in intensity areas

[1:22:32] across the property.

[1:22:34] Moving to the proposed zoning map as you can see,

[1:22:38] the districts generally increase in intensity from west

[1:22:40] to east, allowing Colorado Boulevard to serve as a corridor

[1:22:44] for supporting the higher density development

[1:22:47] So a helpful way to think about the proposal

[1:22:50] is a progression from homes on the West to mixed use

[1:22:52] residential areas in the center that provide the neighborhood

[1:22:55] services on the East.

[1:22:58] Are two district supports a variety of housing types

[1:23:00] in a lower density neighborhood While our three dense district

[1:23:04] increases residential density near commercial areas,

[1:23:08] helping support local businesses by providing residents

[1:23:11] within walking distance of services,

[1:23:13] the M20 District provides opportunities for neighborhoods

[1:23:16] serving uses, such as restaurants, personal services

[1:23:19] and small offices, while also allowing residential uses

[1:23:22] like duplex Is and townhomes.

[1:23:25] The mRC district provides opportunities for larger

[1:23:28] community, serving uses such as recreation centers,

[1:23:31] while remaining connected to surrounding neighborhoods

[1:23:33] through sidewalks and trails OK, so a significant feature

[1:23:38] of the proposal is the planned connectivity

[1:23:40] through the property.

[1:23:41] So as you can see on the preliminary plat on this slide,

[1:23:44] it includes an east west Trail corridor, which includes a ditch

[1:23:48] realignment intended for future multi-use trail integration

[1:23:53] This connection will provide future connectivity

[1:23:55] to Roosevelt High School and surrounding neighborhoods.

[1:23:58] The Street Network is is coordinated with surrounding

[1:24:01] development and future final plat applications will refine

[1:24:04] the timing and sequencing of roadway and infrastructure

[1:24:07] improvements.

[1:24:08] Both colorado Road and County Road 46 will be required to be

[1:24:12] improved as part of the plan application A neighborhood

[1:24:16] meeting was held on May 12th at the Johnstown yMCA and this year

[1:24:21] 15 people attended it, including residents,

[1:24:24] town staff and representatives of the applicant

[1:24:27] Discussion focused primarily on road facing traffic impacts.

[1:24:31] Utility extensions feature lane uses football stadium noise

[1:24:35] at the high school housing projections

[1:24:38] and access along County Road 46.

[1:24:41] Notice of the neighborhood meeting

[1:24:42] was mailed to all property owners within 800

[1:24:44] for the property published in the Johnstown Breeze

[1:24:47] and posted on the site in Three different locations.

[1:24:50] For tonight's hearing, public notice was published

[1:24:53] in the Johnstown Breeze on June 25th, 2026,

[1:24:55] and mailed notice was again, provided to all

[1:24:57] property owners within 800ft.

[1:25:00] Stick with me.

[1:25:01] I'm going to be listing the staff findings addressing

[1:25:05] the criteria for a preliminary plat pursuant to section 17

[1:25:09] DoorDash 2-2 of the land use and development Code so that

[1:25:15] Preliminar pre plat proposes a subdivision of the 163.34 acre

[1:25:18] property into seven tracts, two out lots in Associated

[1:25:23] Round-Up right of way.

[1:25:25] So from the land use and Development code the first item.

[1:25:29] The first criteria is that the application is in accordance

[1:25:32] with the comprehensive plan and in particular,

[1:25:34] the physical development patterns and concepts of a plan.

[1:25:38] So the application complies with the comprehensive plan,

[1:25:41] particularly the development patterns and concepts related

[1:25:44] to planned residential and mixed use

[1:25:46] development transportation, connectivity

[1:25:49] and neighborhood scale design.

[1:25:50] The next criteria is that the development and infrastructure

[1:25:53] are arranged in a manner to minimize

[1:25:55] impacts on geologic hazards.

[1:25:57] Environmentally sensitive areas, wildlife, habitat or other

[1:26:00] natural features of the land.

[1:26:02] So the development and infrastructure

[1:26:04] are arranged to minimize impacts on geologic hazards,

[1:26:07] environmentally sensitive areas and other natural features.

[1:26:10] To the extent applicable to the site

[1:26:14] No significant constraints have been

[1:26:16] identified that would prevent development

[1:26:18] and the proposed configuration.

[1:26:20] The next criteria is that the arrangement and proposed design

[1:26:23] of streets open space and blocks meet the development and design

[1:26:25] standards of this code and are coordinated

[1:26:28] with the existing or potential development

[1:26:30] on adjacent property.

[1:26:32] So the arrangement and proposed design of streets, open space

[1:26:35] and box meet applicable development and design standards

[1:26:37] and are coordinated with existing and future development

[1:26:40] on adjacent properties, including

[1:26:42] connections to surrounding residential

[1:26:43] and aggregate natural areas.

[1:26:46] The next criteria is that the proposed blocks and lots are

[1:26:48] capable of meeting all development and site design

[1:26:51] standards of the applicable zoning district

[1:26:53] So the proposed blocks are capable of meaning

[1:26:55] all development and site design standards,

[1:26:58] which will be further reviewed at the time of final part.

[1:27:00] And site specific development applications Next one

[1:27:04] is that the application demonstrates

[1:27:05] preliminary feasibility of being able to meet

[1:27:08] the design, construction performance, and maintenance

[1:27:10] requirements for all required improvements in this application

[1:27:14] and demonstrates preliminary feasibility of meeting design,

[1:27:17] construction performance and maintenance requirements

[1:27:20] for required improvements, including

[1:27:22] streets, utilities, drainage and open space infrastructure.

[1:27:26] The next criteria is that phasing is clearly indicated

[1:27:29] and demonstrates a logical and coordinated approach

[1:27:31] to development and the timing, location,

[1:27:34] and construction of amenities is consistent throughout phases.

[1:27:37] So future development will continue

[1:27:39] to be refined through subsequent final plat application, which

[1:27:42] will establish timing infrastructure

[1:27:44] sequencing and amenities.

[1:27:47] The last.

[1:27:48] The next point is that any impacts identified

[1:27:50] by specific studies or technical reports

[1:27:53] are mitigated with generally accepted in sound planning,

[1:27:56] engineering, and urban design solutions

[1:27:58] Any impacts identified through technical reports,

[1:28:01] including stormwater analysis, are proposed to be mitigated

[1:28:04] through engineering review to ensure long term

[1:28:06] function of the development The next criteria

[1:28:10] part of the preliminary plat is that the design does not impede

[1:28:13] the construction of anticipated or planned

[1:28:15] future public infrastructure or other development within the

[1:28:18] area.

[1:28:19] And the design does not impede planned or anticipated

[1:28:22] public infrastructure, including transportation

[1:28:24] and trail connections.

[1:28:26] The last criteria is that the plot has addressed issues

[1:28:29] of professional staff or any other public entity or review

[1:28:32] agencies as to officially review the preliminary plat

[1:28:36] So the application has been reviewed by town staff

[1:28:38] and applicable review agencies, and revisions have been

[1:28:41] incorporated to address comments So next i'm going to be moving

[1:28:45] into the staff findings addressing the criteria

[1:28:48] for a rezoning pursuant to section

[1:28:50] 17 dash 2-3.B of the Land Use and Development Code.

[1:28:54] So staff reviewed the proposed zoning against each criteria

[1:28:58] required by the code I'm going to list the following findings

[1:29:02] demonstrating how the proposed rezoning meets

[1:29:04] the applicable required meets.

[1:29:06] Point number one is that the rezoning furthers

[1:29:08] one or more of the purposes of these

[1:29:10] regulations and 17 dash 1-3.

[1:29:13] And on any balance, any purpose that may be undermined

[1:29:16] or untrue weighed by the benefits of those purpose,

[1:29:18] it furthers.

[1:29:20] So the proposed rezoning from Puti I mean to r 2R3,

[1:29:23] I mean and C and M r c replaces a P designation that does not

[1:29:28] include specific development standards The proposed zoning

[1:29:30] districts establish clear, enforceable development

[1:29:33] regulations consistent with the land use and Development Code.

[1:29:37] Two is that the proposal is consistent with the goals

[1:29:39] and objectives of the comprehensive plan

[1:29:42] and any other plan, policy or guidance

[1:29:44] adopted pursuant to that plan.

[1:29:46] So the subject property is designated medium density

[1:29:49] and low density intensity within the comprehensive plan

[1:29:52] future Land Use map.

[1:29:54] The proposed zoning districts are consistent with the intent

[1:29:57] of these designations and support

[1:29:58] the overall land use framework established

[1:30:01] by the Comprehensive plan.

[1:30:03] So as I talked about earlier, the Eastern part of the property

[1:30:06] is medium density slash intensity.

[1:30:09] The comprehensive plan describes medium density areas

[1:30:12] as complete neighborhoods that provide a diversity of shops

[1:30:15] and services, including schools and civic facilities within

[1:30:18] a walking or biking district.

[1:30:20] Distance from residential areas.

[1:30:22] These areas are intended to provide strong walking

[1:30:25] connections multimodal trails, a range of housing options

[1:30:28] and opportunities for diverse lifestyles and income ranges.

[1:30:32] So in this doc finds that the proposed hour to hour three

[1:30:36] and C and MRC zoning framework closely

[1:30:38] relent reflects the intent of the medium density area.

[1:30:42] So rather than separating housing

[1:30:44] from services the proposed zoning creates

[1:30:46] a complete neighborhood by integrating a variety of housing

[1:30:49] types with neighborhood scale, commercial and community,

[1:30:52] serving uses that anyone see District complements

[1:30:55] these residential uses by allowing neighborhoods serving

[1:30:58] commercial uses, including small restaurants personal services

[1:31:01] and neighborhood retail These uses are intended to remain

[1:31:04] neighborhood skill and are not designed to accommodate

[1:31:07] large commercial structures with large parking lots and see also

[1:31:11] allows for senior aging facilities The MRC district

[1:31:16] provides opportunities for larger community serving

[1:31:18] commercial uses while remaining connected

[1:31:20] to nearby residential areas through sidewalks and trails.

[1:31:23] Also MMR is the only zoning district

[1:31:26] that permits recreational centers buy write directly

[1:31:29] supporting the comprehensive plans

[1:31:31] vision of complete neighborhoods where residents have

[1:31:33] convenient access to shopping services, recreation

[1:31:36] and other daily needs.

[1:31:38] The western portion of the property

[1:31:40] is designated low density.

[1:31:42] The comprehensive plan describes these areas

[1:31:44] as primarily single family neighborhoods,

[1:31:46] with opportunities for lower density

[1:31:47] attached housing, such as townhomes,

[1:31:50] duplexes and patio homes.

[1:31:52] Staff finds that the proposed R two and R three districts best

[1:31:55] implement this vision and are one district

[1:31:58] was not considered because it is limited to detached

[1:32:00] single family homes on larger lots

[1:32:03] and does not provide the flexibility

[1:32:04] to accommodate the range of housing options encouraged

[1:32:07] by the comprehensive plan.

[1:32:09] The proposed are to an three districts

[1:32:10] allow for the housing diversity envisioned by the Comprehensive

[1:32:13] plan by supporting a mix of residential building

[1:32:16] types and densities.

[1:32:17] The proposed R two district maintains the low density

[1:32:20] character and vision for this area,

[1:32:22] while providing additional housing flexibility This

[1:32:25] supports the strategic plan goal of supporting a broad range

[1:32:28] of housing options, including the greater

[1:32:30] likelihood of attainable housing The proposal supports the town's

[1:32:34] planned transportation and trail network through an East West

[1:32:37] Trail connection that will provide

[1:32:38] connectivity to Roosevelt High School

[1:32:40] and surrounding neighborhoods.

[1:32:42] So the next criteria from the code

[1:32:44] is number three, which the changes,

[1:32:46] consistent with the intent of the proposed zoning district,

[1:32:49] specifically considering the design of streets, civic space

[1:32:53] and other open space, be the pattern, scale, and format

[1:32:56] of buildings and sites and see the compatibility and transition

[1:32:59] with other complementary uses and development in the vicinity

[1:33:03] So the proposed rezoning is consistent with the intent

[1:33:06] of the park.

[1:33:07] Applicable zoning districts because it incorporates

[1:33:11] planned transportation improvements

[1:33:12] and an east west rail corridor.

[1:33:15] B The zoning framework establishes

[1:33:16] a logical progression of intensive d, the and C the

[1:33:20] proposed districts provide a appropriate transitions

[1:33:23] between Roosevelt high School, the Clearview neighborhood

[1:33:26] the Colorado Boulevard Corridor and adjacent unincorporated Weld

[1:33:29] County Lines.

[1:33:31] The next criteria is that the change is necessary for at least

[1:33:34] one of the following reasons A There has been a material change

[1:33:37] in the character of the area or in the town generally, such

[1:33:41] that the proposed reason is in the public interest.

[1:33:43] B The change will serve a community need

[1:33:45] or provide an amenity or benefit to the surrounding area.

[1:33:48] That was not anticipated at the time of the initial zoning.

[1:33:51] So since annexation and the surrounding area

[1:33:54] has experienced change including the development of Roosevelt

[1:33:56] High school, these conditions support implementation

[1:34:00] of standard zoning districts.

[1:34:02] The proposed rezone provides greater regulatory clarity

[1:34:05] and improved alignment with the comprehensive plan compared to

[1:34:08] the existing P. D designation.

[1:34:10] Five.

[1:34:11] The town or other agencies have the ability

[1:34:13] to provide services or facilities that

[1:34:15] may be necessary for anticipated uses in the proposed district

[1:34:18] So the town of Johnstown and utility providers

[1:34:21] have the ability to serve the subject property and service

[1:34:24] capacity and infrastructure have evaluated

[1:34:26] through the review process.

[1:34:29] Six Any reasonably anticipated the negative impacts

[1:34:32] on the area or adjacent property either mitigated

[1:34:34] by sound planning, design, and engineering practices

[1:34:37] or are outweighed by broader public benefits

[1:34:39] to the surrounding community So potential impacts associated

[1:34:44] with future development, including traffic and land use

[1:34:46] compatibility are addressed through zoning standards

[1:34:49] and engineering requirements.

[1:34:51] Any remaining impacts are outweighed

[1:34:53] by broader public benefits of the proposed

[1:34:56] development framework.

[1:34:57] Seven.

[1:34:58] If owner initiated at least two thirds of the subject

[1:35:00] property owners within the change of zone boundary

[1:35:03] have signed the application.

[1:35:04] So the application is owner initiated and meets

[1:35:07] the ownership requirements Eight If owner initiated the subject

[1:35:10] property has not been included in a reason

[1:35:12] action in the prior 12 months.

[1:35:14] So the subject property has not been

[1:35:16] included in a rezoning action within the previous 12 months.

[1:35:19] Nine.

[1:35:20] The recommendations of any professional staff

[1:35:22] and advisory review bodies have been considered,

[1:35:24] so the application has gone through three technical review

[1:35:27] cycles with towns, staff, referral agencies, utilities

[1:35:30] and IT companies Okay.

[1:35:33] Thanks for sticking with me through that.

[1:35:36] So the Planning and Zoning Commission held a public hearing

[1:35:40] on July 8th, 2026, following the public hearing and discussion

[1:35:43] of the proposal The Commission voted unanimously 7 to 0

[1:35:48] to recommend approval of both the zone

[1:35:51] and preliminary plat with revisions

[1:35:53] to the proposed zoning pattern.

[1:35:55] So specifically the Commission recommended

[1:35:58] changing the proposed R32R to say they're changing

[1:36:04] the proposed m r c area to Emily and see that recommendation

[1:36:10] would result in about a 107.6 acres of R two

[1:36:14] and 69.44 acres of MMM c All seven commissioners

[1:36:18] in attendance voted in favor of that recommendation

[1:36:22] and the commissioners rationale for these recommendations was

[1:36:24] that they believe the zoning districts would

[1:36:27] provide a more appropriate transition

[1:36:29] to the surrounding area.

[1:36:30] Specifically, the Commission felt

[1:36:31] more comfortable with the eminences zoning district

[1:36:34] next to Roosevelt high School and the existing

[1:36:37] residential neighborhoods as it limits commercial uses

[1:36:39] to a neighborhood scale.

[1:36:41] The Commission also recommended changing the proposed R three

[1:36:44] district to R two to provide lower

[1:36:46] density residential next to the existing residential.

[1:36:51] So in conclusion, staff finds that the Whitehall rezone

[1:36:54] and preliminary plat establish a logical and connected

[1:36:57] development framework for the property The proposal

[1:37:00] aligns with the comprehensive plan

[1:37:01] provides clear zoning standards supports future housing

[1:37:04] and commercial opportunities, and incorporate

[1:37:07] plan transportation and trail connections The proposal also

[1:37:10] meets the requirements outlined in the Land

[1:37:13] Use and Development code.

[1:37:14] The proposed zoning framework creates

[1:37:16] an appropriate transition between surrounding land uses

[1:37:18] while providing opportunities for a variety of housing types

[1:37:22] neighborhood serving commercial uses and future community

[1:37:24] amenities Staff recommends that town council

[1:37:27] approve the White House filing.

[1:37:28] Number two Preliminary plat as presented.

[1:37:31] Staff recommends approval of the rezone with the breath,

[1:37:34] a revision is recommended by Planning and Zoning Commission

[1:37:37] And thank you very much.

[1:37:39] And I'm happy to answer any questions The applicant is also

[1:37:42] here to answer any questions.

[1:37:44] Thank you for the long presentation,

[1:37:46] you did a good job One question I have.

[1:37:50] So the staff report references the East and West Trail

[1:37:52] connection Can staff explain when the trails anticipated

[1:37:56] to be construction and whether that will connect directly

[1:37:58] to the high school or whether it will

[1:38:02] connect Sorry, whether it will connect

[1:38:05] directly to the high school?

[1:38:07] I think that will be up to the applicant

[1:38:09] and will be refined through a final plat application.

[1:38:13] And for the first part of your question

[1:38:15] which was when it will be constructed,

[1:38:17] that will be determined when the development agreement is drafted

[1:38:21] for the preliminary plat.

[1:38:23] Yeah, I think if we can have something that connects

[1:38:25] to the high school because these kids need a safe place to walk

[1:38:27] and we don't currently have anything like that

[1:38:29] in the community For the kids that live close by

[1:38:32] or the parents can't afford to get them to school I mean,

[1:38:35] I think we need to applicant can take that into consideration

[1:38:38] that we can connect that to the high school

[1:38:40] to give these kids some sort of a safe trail or path

[1:38:43] to get to school because we lack those sidewalks here currently

[1:38:47] With that, I'll open it up to council

[1:38:48] for questions or comments.

[1:38:51] So I'd like to see more patio homes and some over 55 and older

[1:38:56] homes ranches versus a bunch more apartments and townhomes,

[1:39:00] which, you know, people they insurance on some

[1:39:03] of these multi roofed buildings are impossible to get insurance

[1:39:09] and they're outrageous for the resident.

[1:39:11] So I'd really press on them to really try

[1:39:14] to bring in some patio home ranch

[1:39:16] type style homes that are cottage

[1:39:19] looking and cute with backyards and areas

[1:39:23] that people can downsize a little bit

[1:39:25] Since we built here with big yards and can't afford water

[1:39:30] Be correct.

[1:39:32] Thank you.

[1:39:32] Can Council member Morris the applicant

[1:39:35] will have a presentation and they might be able to speak

[1:39:37] to some of the housing types.

[1:39:39] They're considering Thank you.

[1:39:42] Any further questions from council ?

[1:39:45] I guess so.

[1:39:45] The applicant has a presentation if they

[1:39:47] want to come forward and give the presentation

[1:40:11] Giving idea how that Perfect.

[1:40:20] Thank you.

[1:40:21] You, Mayor and council members.

[1:40:23] My name is Brian Williamson.

[1:40:24] I'm with DST Consulting Engineers.

[1:40:26] We are the planner and engineer for the project Our Aubrey did

[1:40:30] a great job presenting to you, so there's a lot of redundancy

[1:40:33] in our presentation.

[1:40:34] I'll skip over those things pretty quickly.

[1:40:36] I want to introduce our team So myself,

[1:40:38] Brian Williams and also Lee Lowery

[1:40:40] from lowery Development Group.

[1:40:42] And then I have John Sweet as well.

[1:40:44] He's the engineer on the project unit, sir.

[1:40:46] Any technical questions you have?

[1:40:48] I'm a trader.

[1:40:48] Really?

[1:40:49] For a second and then I'll be right back Good evening.

[1:40:53] Good evening.

[1:40:53] Mayor Duncan and Council members.

[1:40:55] Thank you for your time this evening.

[1:40:57] My name is Leanne Lowery, managing

[1:40:59] member of Whitehall Development Partners,

[1:41:00] as well as Lowery Group.

[1:41:01] Ryan going to have most of the nuts and bolts information

[1:41:04] for you tonight, but I just wanted this to come up and say,

[1:41:07] how happy you are to present this project to you tonight.

[1:41:11] This is one of three projects that we

[1:41:12] currently have in johnstown.

[1:41:14] We love Johnstown It's the our concentration

[1:41:17] in Northern Colorado.

[1:41:18] We love your comp plan.

[1:41:19] We follow your comp plan to implement

[1:41:21] what you what your vision is for the town We're in.

[1:41:26] All of our projects were long time stakeholders in everything

[1:41:29] that we do So in various projects

[1:41:31] we will if it's approved we will be not only property owners.

[1:41:36] But stakeholders in the in the town for decades to come.

[1:41:40] So we we really like it here.

[1:41:42] And it's just it's been a pleasure We believe

[1:41:45] that this design that we have for a while

[1:41:47] will greatly augment the school and the site

[1:41:50] that where the school is currently on I

[1:41:53] think not only does it create for the town,

[1:41:56] but we also believe it creates a community

[1:41:59] around the new high school.

[1:42:01] And just what an impressive new school that is.

[1:42:03] We've had the opportunity to tour

[1:42:04] the school with the principal and spent

[1:42:06] almost four hours there.

[1:42:07] And it's just such an impressive school.

[1:42:09] I believe this will augment that very, very well Again,

[1:42:14] I just wanted to just say a quick hello.

[1:42:16] I'll look forward to answering your questions after an hour

[1:42:19] after Brian speaks.

[1:42:20] But I just wanted to take up a quick thank you as 1 2

[1:42:22] the Planning Commission for their review and approval

[1:42:25] definitely to town staff.

[1:42:26] They've been great, as you can see, Ari, that was

[1:42:28] a lot of information there.

[1:42:29] But they've been great working with Aubrey and Planning

[1:42:33] Director Queen director Jennifer,

[1:42:35] and also just I can't say enough how proud we are and happy to be

[1:42:40] able to working with this.

[1:42:41] Our family, the current landowners,

[1:42:43] and to be able to bring this project

[1:42:45] forward and implement a lot of their vision,

[1:42:47] they had for the project.

[1:42:49] So we've been very honored to be able to do that in their trust

[1:42:52] in us.

[1:42:52] So i'll bring up Brian and he'll go through the nuts and bolts

[1:42:58] Thank you OK, so project location, Highway 60 Colorado

[1:43:04] Boulevard The project surrounds Rosebud High School Existing

[1:43:08] around it is agricultural use The rezoning

[1:43:11] request I'm going to kind of move

[1:43:12] through these pretty quickly.

[1:43:13] I think you guys have seen a fair amount of information here.

[1:43:17] Here's the comprehensive plan.

[1:43:18] I think I've spent a good amount of time working through that.

[1:43:20] So western to thirds, a little bit

[1:43:22] lower density, Eastern one third, a little bit higher

[1:43:24] density and intensity of uses.

[1:43:26] So the existing zoning is the PUD.

[1:43:29] When that beauty was put in place,

[1:43:30] there wasn't really any anticipated thought

[1:43:33] for the future development.

[1:43:34] It really was about getting the high school in there.

[1:43:36] So we're electing, you know, we could do one of two tracks here.

[1:43:39] We could amend the PUD and create standards

[1:43:43] We reviewed the land use code.

[1:43:44] I think the updates that have happened recently

[1:43:46] in the land use code lend itself to a lot

[1:43:48] of flexible development.

[1:43:49] So we are opting to propose street zoning out here.

[1:43:53] This is the original proposal.

[1:43:54] So our two Four acres is on the eastern side working

[1:43:59] as the intensity increases are three than the mixed

[1:44:02] use neighborhood commercial.

[1:44:03] And that mixed use regional commercial up at the top

[1:44:07] This exhibit shows the planning Commission recommendations.

[1:44:10] So swapping this tract see down here And you see my own?

[1:44:15] Yeah.

[1:44:16] OK.

[1:44:16] This tracks down here from our 3 to our two.

[1:44:19] We don't really have a concern about that Like as we work

[1:44:22] through that transition of density, you know,

[1:44:24] we envision that R two is going to be single family.

[1:44:26] Are the tracks c which was our three before,

[1:44:30] would be a mix of single fan blades attached and detached

[1:44:33] So not really kind of going to those higher R

[1:44:36] three zoning districts.

[1:44:38] I think the intent originally was to just have that transition

[1:44:41] on in the zoning, but I think we can accomplish what we

[1:44:43] want to do in the R two there.

[1:44:46] Then they change the the mixed use neighborhood

[1:44:49] commercial is is similar here.

[1:44:51] And then this piece up here, which

[1:44:53] is tracks i think they're G and F

[1:44:56] are changed from the mixed use regional commercial

[1:45:00] to the mixed use neighborhood commercial.

[1:45:03] We have a slate modification that we would like you

[1:45:04] to consider and that is moving that regional commercial down

[1:45:08] to that southeast corner of the site.

[1:45:11] The reason that we're asking for that

[1:45:13] is there's a specific use in that zoning district.

[1:45:15] And I touched on a little bit which is the indoor outdoor

[1:45:19] recreation, the mixed use neighborhood commercial has it,

[1:45:23] but it is capped at an 8,000 square foot.

[1:45:26] One of the thoughts is that as the high school developed

[1:45:30] in the towers were very instrumental in getting

[1:45:32] that project through the process and dedicating

[1:45:35] the ground for it, they were hoping to have a facility that

[1:45:38] could support full year round training that would help

[1:45:44] the high school athletes and other athletes

[1:45:46] in the in the region.

[1:45:48] We understand that there are concerns about that zoning

[1:45:51] district up against the existing residential that happens

[1:45:55] on the north side of the railroad tracks

[1:45:57] We think that moving it down here

[1:45:58] is probably a better fit for that location

[1:46:01] So we'd ask you guys to consider that option as you're approving.

[1:46:06] Hopefully approving the application

[1:46:08] to So a quick overview of the preliminary plat there.

[1:46:13] We have the tracks that are laid out.

[1:46:15] Those zoning colors match the original application.

[1:46:19] We do have zoning caps on tracks,

[1:46:21] air density caps not density, but max number

[1:46:23] of unit caps on tracks A, B and C,

[1:46:26] and you can see those there 175 units on tract A

[1:46:30] that ends up being 4.6 dwelling units.

[1:46:32] The acre maximum of 165 on track B that would be 4.9.

[1:46:37] Dwelling needs to the acre and a max of 184.

[1:46:40] That's eight dwelling units.

[1:46:41] The acre on track C tracks d E f and g.

[1:46:45] Those are a little less certain right now.

[1:46:47] So we're not proposing any standards there

[1:46:49] I think will be back in front of you

[1:46:51] for a preliminary on all of those parcels

[1:46:53] as we work through the process and kind

[1:46:55] of understand how those mixes work better in the future.

[1:46:59] Landscaping trails you guys had a question for Aubrey

[1:47:01] about that, so I'd love to talk about it a little bit

[1:47:04] So we do have complete street lights,

[1:47:07] tree lined streets there would be built in phased

[1:47:10] as the development goes So, you know,

[1:47:13] we wouldn't be building streets that

[1:47:14] are going to be empty for a substantial period of time.

[1:47:17] We want to get those streets built

[1:47:19] at the time of adjacent development

[1:47:22] But, you know, we have a pond up here in the south east corner

[1:47:26] of Tract a that would be a detention

[1:47:28] pond in a non-potable pond.

[1:47:31] So we would have a nonprofit system

[1:47:32] that would run all of the outdoor irrigation

[1:47:34] for the entire development, both serving all

[1:47:36] of the common open spaces but also serving

[1:47:39] the individual houses as well.

[1:47:42] This yellow line represents kind of the regional trail that

[1:47:46] is called out in Your Trails master plan

[1:47:48] So it doesn't necessarily directly

[1:47:49] connect to the high school, but we

[1:47:50] do have plans to kind of integrate

[1:47:52] through the track developed meant to make those connections

[1:47:55] to the high school.

[1:47:56] We do want to be kind of deliberate about how

[1:47:59] we're tying the development into the high school.

[1:48:00] We don't really want these, let's say,

[1:48:03] porous barriers between them.

[1:48:05] We want to have specific points of access

[1:48:07] So we've identified one that is right up here that would come

[1:48:11] from tract A into the the high school

[1:48:14] And then I think all the other access points are going

[1:48:16] to come from the South Really.

[1:48:18] We don't want to have you know, as kids come out,

[1:48:21] we don't want them filtering into the development.

[1:48:24] I think we just want to have like very clear points of access

[1:48:27] where the development interfaces with high school.

[1:48:30] I have a little cross section here of what the swale is.

[1:48:34] So i forget to mention that there

[1:48:36] is an existing long tail water ditch that comes

[1:48:38] through the property here.

[1:48:40] This is the existing alignment of it.

[1:48:42] We're going to really line that to kind of be a little bit more

[1:48:46] friendly to the character of the neighborhood Also, it helps.

[1:48:50] There's kind of some significant slopes that come from 46

[1:48:53] down into that drainage.

[1:48:54] So kind of moving that a little bit to the north

[1:48:56] helps even all that out.

[1:48:58] So there would be a trail corridor

[1:48:59] with the gates constructed when that ditch gets realigned.

[1:49:03] This is kind of a cross section of what that would look like.

[1:49:05] So there would be a ten foot concrete

[1:49:06] trail on the South side, trees on both sides.

[1:49:11] There's a 41ft bus bottom to that swale because it does take

[1:49:16] a substantial amount of storm drainage

[1:49:18] as well as the water that's in the in the ditch right now.

[1:49:22] If I were to draw that out, the trees would look super tiny

[1:49:26] in this cross section.

[1:49:26] So we just kind of like a abbreviated it.

[1:49:28] But you can see, you know this is

[1:49:30] about 20ft here on this bench.

[1:49:33] So ten foot of trail.

[1:49:34] And then about ten feet of landscaping that that trail is

[1:49:36] going to kind of meander through that bench

[1:49:39] So it's not just kind of like a street alignment there

[1:49:42] but that kind of gives you a sense of, you know,

[1:49:44] double that space is going to be at the bottom

[1:49:46] of that ditch intersection.

[1:49:49] We are we spent a lot of time talking about this

[1:49:50] at the neighborhood meeting so I wanted to make

[1:49:52] sure that it was included here.

[1:49:54] The Blue Stars represent right in, right

[1:49:55] out access points The Red Stars represent full movement assets,

[1:49:59] access points.

[1:50:01] I think, there's a red star on the roundabout at Roosevelt

[1:50:05] right now at the intersection of 46 and Colorado boulevard.

[1:50:10] We're anticipating there might be another either

[1:50:11] a signal or a roundabout there.

[1:50:13] We're working through that kind of as we go into final design,

[1:50:16] these intersections that are set on 46 are kind

[1:50:20] of at the standard intersection spacing

[1:50:23] So you can see that we've got 660ft

[1:50:25] to that First access point.

[1:50:26] That's going to be a right in right out your full movement

[1:50:29] intersections have to be that 13 20

[1:50:32] or a quarter of a mile separation

[1:50:33] from the major intersections.

[1:50:35] So then you can see as we go through,

[1:50:36] we're just kind of hitting that same rhythm of 13, 20

[1:50:39] plus or minus a little bit and then

[1:50:41] we will be building Roosevelt, the extension,

[1:50:43] Roosevelt over to the east.

[1:50:45] So that will be ready for future development.

[1:50:47] Is that next parcel comes through infrastructure.

[1:50:51] A water and sewer service would be provided by the town.

[1:50:54] The developer will build the infrastructure dedicate

[1:50:56] to the town just like all the other developments will have

[1:50:59] a non portable water system that serves

[1:51:00] the open space and the lots.

[1:51:03] That non-potable system is proposed

[1:51:05] to be operated by a metropolitan district

[1:51:06] just so there's some security about how that operates

[1:51:11] Neighborhood compatibility We talked a little bit about you

[1:51:14] know, what's appropriate against the existing residential.

[1:51:17] So there are 30 foot require landscape

[1:51:19] buffers from all arterials.

[1:51:21] And then there's density transitions and setbacks.

[1:51:23] So we kind of worked the density transitions through that zoning,

[1:51:26] but as well there are setbacks that are used,

[1:51:29] determined setbacks that would happen at the time

[1:51:32] of individual sightline.

[1:51:33] So between residential and commercial,

[1:51:35] between commercial and industrial,

[1:51:37] between independent uses that are conflicting,

[1:51:40] your land use code does a great job of just describe

[1:51:43] what those buffers need to be Construction and bathing.

[1:51:51] So we will phase the development.

[1:51:52] So we're not going to build everything at first.

[1:51:55] And you know but there'll be critical infrastructure

[1:51:56] that needs to be built in.

[1:51:59] We'll work we're starting to work on the final plat

[1:52:01] and construct construction drawings,

[1:52:03] and those will include the phasing.

[1:52:04] So each piece will be you know, as the first piece comes in,

[1:52:09] there'll be supporting infrastructure that that serves

[1:52:11] that everything that's required They're

[1:52:13] going to be based, developed, based

[1:52:15] on market demands and timing.

[1:52:16] So we don't have like we're not breaking ground

[1:52:18] like in a certain time And then but we do think, you know,

[1:52:23] it's possible.

[1:52:24] We would be starting construction,

[1:52:25] probably in in the summer of 2027

[1:52:29] schedule next steps we did have neighborhood

[1:52:31] meeting on May 12th.

[1:52:32] As I mentioned, we had the planning commission a couple

[1:52:35] of weeks ago on July 8th.

[1:52:36] We're here today, July 20, which is the town board hearing.

[1:52:40] And then we'll be making a final plat submittal shortly

[1:52:42] after this hearing And I'm here to answer

[1:52:47] any questions you might have about the development.

[1:52:49] Lee and John are also available if you guys have questions

[1:52:51] that I can't answer.

[1:52:54] Thank you.

[1:52:54] Covered a lot of the nuts and bolts, as Lee put it.

[1:52:57] So the answer my question to the trails

[1:52:59] because I know it's very important to the community

[1:53:02] I don't have any further questions I'll kick it over

[1:53:05] to council for any questions Do you know

[1:53:10] which plat you'll do first?

[1:53:13] It's anticipated that the single family

[1:53:16] will probably happen first.

[1:53:17] The upper left?

[1:53:19] Yeah, probably a or A or B, I mean, probably.

[1:53:23] I think a there's some things that happened

[1:53:25] with on a like the nine part system

[1:53:27] that really make that required at the beginning

[1:53:30] you could develop a nonpartisan them and not the rest of GI

[1:53:33] tract A but right now it looks like tract eight would probably

[1:53:35] be we would start kind of on the east the northeast ways

[1:53:40] and move to the west.

[1:53:40] Yeah.

[1:53:41] OK.

[1:53:41] Thank you So as far as that phasing is concerned.

[1:53:47] Then, because you said that you wouldn't necessarily

[1:53:50] make all of those improvements to roadways

[1:53:52] and you would clearly have to make that extension Are you

[1:53:59] saying you just wouldn't implement the north south roads

[1:54:04] then through cD any correct.

[1:54:08] Yeah Yeah.

[1:54:10] You know, yeah, the Roosevelt extension would have to go

[1:54:13] through right There would need to be some other second point

[1:54:15] of access that would come up to tract

[1:54:18] a whether that's an emergency access easement or a 4th Street.

[1:54:21] I think we're still working through kind of what

[1:54:23] those phasing details would look like I think that, you know,

[1:54:29] there's a possibility that there's

[1:54:30] some synergy between tract A and tract B

[1:54:32] and maybe some of that stuff gets built in kind

[1:54:35] of a consecutive phase Thanks.

[1:54:41] What's feeding that pond?

[1:54:42] Is it a spring over there, or just does it.

[1:54:46] Keep pretty good levels of water because it's

[1:54:48] not exactly by the swale that you're mentioning?

[1:54:51] No.

[1:54:52] So that would be fed with raw water.

[1:54:55] That's currently be used for irrigation

[1:54:58] on the site so the egg water that's being used there.

[1:55:01] OK.

[1:55:02] Thank you Any further questions from Council?

[1:55:08] Mr. All right.

[1:55:10] Thank you.

[1:55:10] With that will go ahead and open up public comment for anybody

[1:55:14] who's for against the application

[1:55:16] This is your time to come up and speak

[1:55:18] Would anybody like to speak for or against the application

[1:55:22] or All right.

[1:55:25] Nothing heard.

[1:55:25] We have anything online, Megan?

[1:55:28] No comments online.

[1:55:29] Thank you Before we close out the public hearing,

[1:55:32] would Council like to take any further deliberation

[1:55:37] on these this resolution and ordinance before us

[1:55:39] tonight All right.

[1:55:42] Nothing her with that.

[1:55:44] We'll go ahead and close up.

[1:55:45] You got some yourselves, Mr. Mayor.

[1:55:46] May I make one ask one question of the applicant in case

[1:55:49] you all decide to go with their revised proposal

[1:55:53] I'm reading it just for purposes of the motion.

[1:55:55] If the council decides to go with your proposed revisions

[1:55:59] that tract G and F would change to Amu and c tract E

[1:56:05] would be new.

[1:56:06] R C and tract C would be are two.

[1:56:10] That's correct.

[1:56:11] OK.

[1:56:12] Thank you so that's the approval with conditions

[1:56:15] is what you're asking for to bring

[1:56:17] that commercial down, correct?

[1:56:19] Yeah.

[1:56:19] I think there's the initial application.

[1:56:22] There's the conditions that were set by the Planning Commission

[1:56:25] and then we kind of have given you a Third option

[1:56:35] Any further questions for we close out the public hearing

[1:56:40] All right.

[1:56:40] We're going to close out the public hearing of a I'll

[1:56:44] go ahead and ask the pleasure of the Council of resolution number

[1:56:47] 2026 dash three five Five 2952 I move to approve ordinance

[1:56:58] So I move to approve orton's 2026 DoorDash 35 for the White

[1:57:03] tail filing number to preliminary plat

[1:57:05] as presented Second motion by Councilmember

[1:57:12] Berg, seconded by Council.

[1:57:15] Merman's is going to put it to electronic vote.

[1:57:17] Please I have a motion carries with that clerk.

[1:57:25] Can I have you read the ordinance title for 70 audience

[1:57:36] number 2020 6-2 94 Approving the rezoning of real property known

[1:57:41] as White House Subdivision and filing number two located

[1:57:44] on the East have at the southwest corner and south east

[1:57:47] corner of Section 12 Township four north Range 68 west

[1:57:52] of the six principal meridian town of Johnstown county, well,

[1:57:55] state of Colorado consisting of approximately 163.39 acres from

[1:58:01] planned unit development mixed use puti at Amu to mixed density

[1:58:06] neighborhood are two high density neighborhood

[1:58:09] are three mixed use neighborhood commercial m u c and mixed use.

[1:58:15] Regional commercial m u r c And if I could just before you all

[1:58:20] deliberate and decide how to vote

[1:58:21] just for clarity of the record.

[1:58:23] So the ordinance that was presented

[1:58:25] reflects the initial application by the applicant for planning

[1:58:31] and Zoning Commission recommended

[1:58:33] a modification and the applicant can is now

[1:58:37] proposed the third alternative of which I

[1:58:39] believe is a compromise.

[1:58:40] So you may just consider that if you're going to move to approve

[1:58:47] the ordinance as presented, it's going

[1:58:48] to be the original application Or if you

[1:58:50] want that ordinance amended somehow, just let us know.

[1:58:53] And then we can Amanda for a second reading OK.

[1:59:00] You go in as opposed to council Mr. Mayor,

[1:59:05] I move to approve ordinance number 2026

[1:59:08] to 95 to White House filing.

[1:59:09] Number two, rezone with the following conditions as

[1:59:14] stated in the recommendations as presented by the developer

[1:59:17] today.

[1:59:20] Second motion by Councilmember burke,

[1:59:22] seconded by Councilmember Come, put it

[1:59:24] to vote, please Ayes have it.

[1:59:31] Motion carries with that we'll go ahead and open our next

[1:59:34] public hearing ordinance 2020 6-295 An ordinance establish

[1:59:39] a temporary moratorium on the data center facilities

[1:59:42] in the town of Johnson And I'm going

[1:59:44] to ask for a staff report Good evening, Mayor and council.

[1:59:48] Hope we're all doing well this evening.

[1:59:50] Before you do have ordinance number 2026 dash 295.

[1:59:57] The result of the work session that we conducted with the town

[2:00:02] council staff conduct with the town council

[2:00:07] to actually discuss data centers and begin

[2:00:10] the educational and informational process

[2:00:12] related there to the moratorium that is presented to you.

[2:00:17] I would establish a 12 month moratorium piggybacking

[2:00:22] on the committee that was established we would utilize

[2:00:28] the committee together for information or staff would be

[2:00:32] providing them with information to evaluate the alternatives

[2:00:36] related to a data center I would note that once a policy is

[2:00:42] established, whether that is to establish form

[2:00:45] or a full prohibition on related to data

[2:00:49] centers or something that does permit data centers at that time

[2:00:55] in the 12 month moratorium would cease to exist if, for whatever

[2:01:00] reason that committee desires to collect additional information.

[2:01:05] And that goes beyond the 12 month period,

[2:01:07] we would bring something back that would continue to extend

[2:01:10] that moratorium until a date certain or until the committee

[2:01:15] actually is completed Staff does recommend approval of Ordinance

[2:01:20] 2020 6-2 95 as presented on first reading

[2:01:27] Happy to answer any questions you

[2:01:28] might have I'm only questions.

[2:01:31] I think we've hammered is pretty hard in the working

[2:01:34] meeting and I in support of the one year moratorium.

[2:01:37] But I'll open it up to Council for deliberations or questions

[2:01:43] you may have for Matt Matt, does the year

[2:01:46] start after second reading?

[2:01:49] Yes.

[2:01:51] So actually the year would start after the effective date,

[2:01:55] which is Seven days after the second reading.

[2:02:00] So that would be roughly August 10th.

[2:02:03] Sounds about right.

[2:02:04] Thank you.

[2:02:06] You Any other council comments or questions other All right.

[2:02:18] With that, we'll go ahead and open public comment.

[2:02:21] We'll start off with Angela Swanson Good evening, Mayor.

[2:02:30] Council members and staff, Thank you for the opportunity

[2:02:33] to speak tonight.

[2:02:35] While data centers can drive economic investment,

[2:02:38] even mid-scale facilities bring profound, complex challenges

[2:02:41] that need rigorous local oversight

[2:02:44] This type of development risks straining

[2:02:46] our city's resources and land.

[2:02:48] So I believe it is in john's town's best interest

[2:02:51] to put in place a lengthy moratorium or even a ban.

[2:02:54] So our city leaders can do the work

[2:02:56] and research including following up on what's happening.

[2:02:59] And other cities that have already adopted

[2:03:01] these across the nation.

[2:03:03] While the moratorium provides necessary time for research,

[2:03:07] it could also include establishing long, robust zoning

[2:03:10] and protections to put an actual center in place

[2:03:14] So I guess my primary concern is the potential for the moratorium

[2:03:18] to end prematurely, and the public not fully be

[2:03:21] aware due to all the time that has passed specifically,

[2:03:25] I'm wondering what public notice and hearing standards

[2:03:27] will apply if that occurs.

[2:03:30] Will local hearing notification remain

[2:03:32] standard to our already set rule of ten days prior to a hearing ?

[2:03:37] Or will we make more of an effort to ensure the public has

[2:03:40] the genuine seat at the table?

[2:03:41] Obviously, some of these questions

[2:03:43] have been answered tonight because I do believe the step

[2:03:46] to form the advisory committee would be helpful,

[2:03:48] but only in gathering that large of a body of research.

[2:03:51] Because when it comes to voting, the actual decisions

[2:03:55] are made at the hearings by the governing body in place.

[2:03:58] I've been in my own neighborhood meeting

[2:04:00] where everyone in attendance was against something

[2:04:02] and the motion passed anyway I'm not insinuating that this is how

[2:04:05] it always goes, but this has been what I've experienced

[2:04:08] and it was very discouraged Judging as far

[2:04:10] as influence and advocacy goes.

[2:04:13] Ultimately I'd like to see our notification

[2:04:15] practices on larger decisions like this

[2:04:18] improved to be beyond standard.

[2:04:20] I believe current practices leave residents

[2:04:23] to be the ones to that must actively monitor how

[2:04:26] this situation unfolds especially

[2:04:28] over the period of a year A thorough review

[2:04:32] process through a moratorium is a necessary and honorable

[2:04:35] first step.

[2:04:36] But staying informed and engaged is the next and much harder

[2:04:40] step for our community at this point.

[2:04:42] I guess my message switches over to my fellow residents

[2:04:46] in that regardless of serving on tonight's proposed committee

[2:04:50] or not, we all have to stay vigilant,

[2:04:52] keep each other in the loop and i ask that we dig really, really

[2:04:56] deep when it comes to using our collective resources and skills

[2:05:00] to keep tabs on what happens next going forward So

[2:05:03] thank you Thank you.

[2:05:05] Thank you We have Suzanne and Black next, please Hello.

[2:05:18] Thank you for letting me speak.

[2:05:19] I hadn't really planned on saying anything.

[2:05:23] I've lived in Johnstone for 29 years.

[2:05:26] Lots of changes in that time.

[2:05:28] I've raised children here, but things

[2:05:32] that I've noticed in the last few years

[2:05:33] are very concerning to me.

[2:05:34] Regarding town government and most recently this issue

[2:05:40] that's at hand.

[2:05:41] But I wanted to personally ask if anybody on this committee

[2:05:46] has personally signed any NDA or any agreement,

[2:05:50] any private communication, such as meetings,

[2:05:53] phone calls, private messages, emails with any developer

[2:05:56] company landowner, land owner or representative

[2:05:59] regarding any current or potential project.

[2:06:02] The good affect the town of John's town

[2:06:04] or surrounding areas in any negative way.

[2:06:09] No Nobody going to mention anything.

[2:06:11] OK.

[2:06:12] All right.

[2:06:12] I just The mayor ran on transparency

[2:06:15] and I don't feel like that always happens.

[2:06:18] So I just wanted to make that clear

[2:06:20] that those are things that we are very concerned about.

[2:06:23] Thank you.

[2:06:24] Thank you.

[2:06:26] Next up is Dana Karcher.

[2:06:29] Rodger So, sure, if I say that correctly Mayor, Mayor Pro

[2:06:36] Tem Council members and staff.

[2:06:38] My name is Dana Karcher I live at 6 to 3.

[2:06:41] Charlotte Street in regards to the ordinance

[2:06:44] before you tonight I believe it is

[2:06:45] really disrespectful to the citizens of Johnstown.

[2:06:48] And it's timing and wording and this is something

[2:06:51] that I've witnessed before is a disrespect towards the citizens

[2:06:54] who are out here talking about something that they do not want

[2:06:59] to develop, an ordinance that would change

[2:07:00] the very face of our community based on the fact

[2:07:02] that as soon as the fact finding is done,

[2:07:05] something could be rushed through Now,

[2:07:08] this may change with this committee idea,

[2:07:10] but the fact of the matter is this is not one year,

[2:07:13] this is what gets done first.

[2:07:14] And we need to quit saying it's one year.

[2:07:16] It needs to be One year or longer.

[2:07:19] So the wording town attorney is incorrect.

[2:07:22] Also, it's very loose and we could be sued on that.

[2:07:26] Or you could be sued on that very easily.

[2:07:29] We all know that Councilman bashford has said publicly

[2:07:33] that he is against any ordinance that brings up a moratorium

[2:07:36] for anything in this community.

[2:07:38] We haven't even heard what the community thinks yet about this.

[2:07:42] So I believe it's disrespect for.

[2:07:44] I'd like to see it reworded so that it actually

[2:07:47] says one year and beyond.

[2:07:48] So that we can actually find out what this is

[2:07:51] going to do to our community.

[2:07:52] Thank you Thank you Pauline, can have you come up.

[2:08:00] I'm not going to try to say your last name

[2:08:03] because I butchered every time out of respect

[2:08:09] Pauline Emilio Migliore.

[2:08:10] 337.

[2:08:11] Granite Way I urge the Council to approve

[2:08:15] the ordinance for the moratorium and here's why.

[2:08:19] Johnstown is a distinctive community,

[2:08:21] and we, the people who call it home possess

[2:08:23] immense pride in our town.

[2:08:25] We celebrate our pride are proud to agricultural heritage.

[2:08:31] It's welcoming family friendly atmosphere and local values.

[2:08:36] Johnstown abounds with beautiful repair

[2:08:38] and areas open, spacious and vistas of the front range.

[2:08:42] It's a natural canvas that sets the town

[2:08:44] apart and invites people to slow down

[2:08:47] and take it all in open space.

[2:08:49] TrailHeads rest areas along the trails, parks

[2:08:52] create creekside areas.

[2:08:53] The johnstown Reservoir, our present natural opportunities

[2:08:58] where residents go to recharge recreate

[2:09:00] and connect with the landscape.

[2:09:02] We love.

[2:09:03] The guiding principles of community

[2:09:04] centeredness inclusivity, accessibility

[2:09:07] engagement, partnership.

[2:09:09] Collaboration and all of that good stuff

[2:09:11] is why i made Johnstown my home for the past ten years.

[2:09:16] So do these sound familiar?

[2:09:18] They're all direct quotes from the Johnstown Public Art Plain

[2:09:22] as you hear from citizens.

[2:09:24] This evening during the ordinance And yourselves.

[2:09:26] Ask yourselves, how can you logically square

[2:09:30] the careful work of the steering committee town staff, council,

[2:09:34] seated at the time of stakeholder interviews focus

[2:09:38] groups, community engagement, pop ups, community service

[2:09:42] steering committee workshops mapping charrette, and to town

[2:09:45] council sessions for a public arts program with a plan

[2:09:49] apparently developed outside Johnstown Charter

[2:09:52] Authority other words, help us understand

[2:09:56] why seeking community input for a public art plan

[2:10:00] requires Herculean effort.

[2:10:03] And this ordinance does not I urge you to approve

[2:10:08] the current ordinance, and I applaud the advice re committee

[2:10:12] being suggested tonight because it seems to me it's long overdue

[2:10:17] and a reaction to the feedback council

[2:10:19] has received recently rather than intentional planning.

[2:10:24] So please approve this.

[2:10:27] Get this committee seated and listen

[2:10:30] to the citizens of Johnstown.

[2:10:33] Regardless of what your preconceived desires are.

[2:10:37] Thank you.

[2:10:38] Thank you Next up is Lisa Lang Thank you for having me, Mayor.

[2:10:52] Council and staff, town attorney I have something written down,

[2:10:59] but I was thinking as I was driving to this meeting

[2:11:02] a long time ago when I got here how beautiful the land is here

[2:11:07] and how I'm driving through it is so soothing

[2:11:13] that the the farms, the ranches, the little farm homes, the small

[2:11:22] coming through town and to miles an hour,

[2:11:25] you know, just the whole feeling of slowing down and taking

[2:11:29] a breath and enjoying the beauty that most of Colorado

[2:11:34] wishes they had.

[2:11:35] And they don't What we do here in Johnstown

[2:11:40] about data centers matters.

[2:11:45] This decision is bigger than just us These decisions are

[2:11:50] for our families, our children, our grandkids

[2:11:52] And they also may have serious impacts on surrounding cities

[2:11:56] and townships in our area along the Front Range

[2:12:02] But just because big tech is in a race

[2:12:05] for dominance control and big money

[2:12:06] doesn't mean that we're in that race.

[2:12:09] It's our responsibility to make choices that are best for us

[2:12:13] here in Johnstown and for our community

[2:12:16] There's time This will not be a one time only decision

[2:12:19] but will have lasting effects that may that we may or may not

[2:12:22] get a second chance to get right I do support a one year to 18

[2:12:27] month moratorium on any data center consideration

[2:12:31] and/or for as long as it takes for us to know, understand,

[2:12:35] and decide if data centers are right for us

[2:12:42] Time to create safeguards for our residents,

[2:12:45] for the power grid for our water resources our air quality.

[2:12:49] The noise alone would make anyone

[2:12:50] think more on the subject.

[2:12:53] We want to breathe clean air.

[2:12:54] We want to drink clean water We want to look at the stars.

[2:12:57] We want to enjoy Colorado for the beautiful state that it is.

[2:13:00] Perhaps these data centers need to be tested.

[2:13:02] Reviewed.

[2:13:03] Researched.

[2:13:04] They may need to evolve into something that makes more sense

[2:13:07] or has less negative impacts on our environment.

[2:13:10] You know, flying cars don't make any

[2:13:12] more sense today than they did in The Jetsons

[2:13:14] cartoons in the 1960s.

[2:13:16] The government literally tested the atomic bomb in Alamogordo,

[2:13:20] New Mexico So that doesn't make any sense either.

[2:13:23] The point is, we do not have to rush to a decision that may take

[2:13:27] forever that may forever change the landscape of our countryside

[2:13:31] and our lifestyle.

[2:13:33] I believe such decisions should be made

[2:13:35] by the people in our community.

[2:13:37] This is not a one man show.

[2:13:39] I thought you respect the council.

[2:13:42] The mayor have been elected by this community

[2:13:44] and are expected to be representatives

[2:13:46] of all your constituents and cities represent us.

[2:13:49] Put it to a vote to the Johnstone community.

[2:13:52] Let us have a choice in our future.

[2:13:54] And I do appreciate the comments and the resolution of bringing

[2:13:59] up a committee of residents.

[2:14:02] I'm not sure how that's going to look

[2:14:06] in the future I'm not sure how you're going to select people.

[2:14:09] I don't know if that's going to weed out or weed in biases.

[2:14:14] If we say we're for or against it,

[2:14:17] does that mean, we're out or in or whatever?

[2:14:20] I think that's an issue that probably needs

[2:14:22] to be thought about before any kind of PowerPoints

[2:14:31] or talking points.

[2:14:32] Who's going to be elected or who's going to be select

[2:14:35] voted to be on that committee.

[2:14:37] And I hope that the committee is is gets along and is able to get

[2:14:46] the information that we need.

[2:14:48] I think that we need to look at the data centers that

[2:14:51] are already underway that are built and that are functioning

[2:14:57] and see what the impact of the community you know impact

[2:15:02] of the centers have on the community

[2:15:04] And you brought up earlier Councilwoman Morris

[2:15:10] about the lawsuit, that lawsuit for 233,

[2:15:15] Bill in gallons of of water from the Imperial Valley,

[2:15:21] which the imperial Valley in California

[2:15:23] only received its water from the Colorado River.

[2:15:27] So this data center is One of the largest.

[2:15:30] It will be the largest in California.

[2:15:31] And yet, if it's built in the Imperial valley,

[2:15:34] it has now filed a lawsuit demanding access

[2:15:38] to 233 million gallons of water from the Colorado River

[2:15:45] Do we want to be those townships or the cities that are being

[2:15:50] attacked and lawsuits filed against us

[2:15:53] for the same situation Thank you for your time.

[2:15:56] Thank you, Lisa All right.

[2:16:03] With that, do we have any online public comment?

[2:16:07] Milton, can you do you have one online public comment?

[2:16:12] Let me put up One moment Comment was received from Jessica frey.

[2:16:24] 132 Jennings Lane and Johnstown According to his comments

[2:16:30] on Next Door, a post about Johnstown and data

[2:16:32] centers Nick Bashford has already decided he

[2:16:35] will vote no on the moratorium.

[2:16:37] To quote him directly, I have a lot of experience

[2:16:40] in all of this, enough to advise on smart policy.

[2:16:43] I hope the rest of council and the Mayor

[2:16:45] will listen to the people of Johnstown and their concerns.

[2:16:47] First.

[2:16:48] At the work session last week, no one from the council or town

[2:16:51] staff could say whether the water needed for cooling

[2:16:54] has to be portable.

[2:16:55] When asked whether there was data on the number of gallons

[2:16:58] needed for a closed loop system, the town staff

[2:17:01] explained they could not find sources

[2:17:03] they felt were factual enough to include them

[2:17:05] in their presentation and so that information

[2:17:07] wasn't provided by them.

[2:17:09] This is likely due to the Nda's municipality is required to sign

[2:17:12] as a condition of bringing datacentres to their communities

[2:17:15] which severely limits what's publicly

[2:17:17] known about these facilities.

[2:17:18] Impact on water supplies and power

[2:17:20] grids It should concern everyone that these companies require

[2:17:23] an NDA to keep that information private and the town staff

[2:17:27] decide.

[2:17:27] Despite significant research, still could not

[2:17:30] find it for the work session.

[2:17:31] What's before you tonight is a request that the town do

[2:17:34] its due diligence and gather all available factual information

[2:17:38] before making a decision that will affect the community.

[2:17:40] Passing a moratorium.

[2:17:42] Given this body's responsibilities to

[2:17:44] the community, Fiduciary yes.

[2:17:46] But also public welfare and civic stewardship.

[2:17:48] I hope and expect that proper time will be given to ensure

[2:17:51] our community and the citizens who elected you are protected

[2:17:54] and that a quick decision isn't made without proper vetting.

[2:17:57] Thank you for your time.

[2:17:59] Thank you.

[2:18:00] With that will go and close out public comment before we

[2:18:02] close out the public hearing.

[2:18:04] This council want to deliberate further.

[2:18:08] Actually, I want to know if we can change the motion

[2:18:11] to include it to be one year.

[2:18:15] And when she said beyond So how about we say

[2:18:18] 1 to 2 years until we have the answers from the committee

[2:18:21] you suggested?

[2:18:23] Can we change that to where that's on there?

[2:18:25] If you read it carefully in Section three,

[2:18:29] what it says is 12 months, unless you adopt,

[2:18:33] decide you want to adopt standards

[2:18:35] ahead of time which you can do.

[2:18:37] If not, it's 12 months.

[2:18:38] And then it says the town council reserves the right

[2:18:41] to extend the moratorium if the town council determines

[2:18:44] at its discretion that additional time

[2:18:46] time is required to complete the regulatory process.

[2:18:50] So we could certainly change this to 18 months.

[2:18:53] If you want.

[2:18:54] But right now as it is 12 months,

[2:18:57] you will still have the opportunity in 11.5, 12 months

[2:19:01] to extend this if you want.

[2:19:02] This isn't foreclosing a longer moratorium.

[2:19:07] So you do whatever direction you all want to go Thank you.

[2:19:11] Obviously, the language already supports if we want

[2:19:13] to come back and extend it out.

[2:19:15] Perfect Anything further from council?

[2:19:19] No nothing further on this topic.

[2:19:21] I do want to bring up one of the comments,

[2:19:23] and I can only speak for myself.

[2:19:25] I was brought up.

[2:19:26] Did anybody you know, I can say emphatically no that I am not

[2:19:30] on in the contract paid supported by have anything

[2:19:35] to any developer or any business that's

[2:19:39] moving to Johnston Somebody stole the words out of my mouth.

[2:19:43] Those part of my closing comments

[2:19:45] So I go on the record to there's no NDA out there.

[2:19:48] There's no secret contract, there's no conspiracy theory,

[2:19:51] there's no application before the town.

[2:19:53] Sometimes as a leader you have to be forward thinking You know,

[2:19:56] that's kind of the hard part.

[2:19:57] Being a mayor, period.

[2:19:58] You got to look 30 years ahead.

[2:20:00] And how we're going to keep this town protected along with

[2:20:03] grow smart growth.

[2:20:05] So, you know, I want to record there's nothing before us

[2:20:08] tonight and there's no NDA that I've signed or seen or allegedly

[2:20:12] signed So you're welcome with that Anything further

[2:20:16] from council?

[2:20:17] I'll also add myself to that list.

[2:20:19] And that I have not talked to any developers

[2:20:21] about data centers at all either I'll follow up.

[2:20:26] I have not sign anything I don't get Anti Kickback for anything.

[2:20:30] Look at my bank statement.

[2:20:33] It's pretty sad.

[2:20:35] Yes yes, yes.

[2:20:37] Well, I mean, being the mayor's a tough gig.

[2:20:39] We get 185 bucks to work in meetings.

[2:20:41] So it's not a I call it my a part time full time job.

[2:20:45] You know, it takes a lot of peer to answer a lot of citizens

[2:20:47] questions And I may not get it right every time

[2:20:49] but at least try to make myself available to hear everybody

[2:20:53] out and give some kind of outlet to give you guys a voice back,

[2:20:58] you know, because when we started transpo RNC up here,

[2:21:02] you know online public comment wasn't read.

[2:21:04] You had three minutes to speak.

[2:21:06] Now you have five.

[2:21:06] An online public comment is here.

[2:21:08] And if I can answer your questions or get them answered,

[2:21:12] I'll get them answered here.

[2:21:13] I may not get it the first time here.

[2:21:14] Maybe some follow up or follow through.

[2:21:16] But hey, so minimum stay on top of me

[2:21:18] because I get a lot of emails.

[2:21:20] I answer a lot of people back and folks who mailed in that

[2:21:23] were against the data center.

[2:21:24] I took the time to email each and every one of you back,

[2:21:27] and if I missed you I apologize.

[2:21:29] But I get a lot of emails So it's a it's a tough job up here.

[2:21:34] Sometimes, but sometimes you got to be the good guy,

[2:21:36] the bad guy or the neutral guy because, you know,

[2:21:39] I'm representing 20,000 residents up here So I got

[2:21:42] to I got to work for everyone.

[2:21:44] Everyone's my boss here, whether you know it or not.

[2:21:46] So thank you, Dave.

[2:21:48] You know I worked for a lot more people than everyone,

[2:21:53] so I work for everyone You know Yeah.

[2:21:58] How about we just keep the conjecture down a little bit.

[2:22:02] And let's Let's keep it.

[2:22:04] Let's keep it even flush with everybody.

[2:22:07] I think we've respected you interrupt.

[2:22:09] You've had your cell phone back for an extended period.

[2:22:11] Well, that's fine.

[2:22:12] That's my time up here as a mayor.

[2:22:13] You're welcome to run for a city council or town council whatever

[2:22:17] you find your time to serve best up here and give your ideas

[2:22:21] and your conjecture We have elections in 2028,

[2:22:24] so you're welcome to come forward and put your put

[2:22:28] your name and face out there and tell us what you're about

[2:22:30] and represent your community.

[2:22:32] We recommend that come forward.

[2:22:35] I like to see more participants in the community step forward.

[2:22:38] Hey, when i got into this business, I never

[2:22:42] been a politician.

[2:22:43] I was a military guy for 20 years.

[2:22:44] And folks who they need a little bit of change.

[2:22:46] But you know what?

[2:22:47] I'm gonna go throw my hat in the ring

[2:22:48] and, hey, you can call it ugly.

[2:22:50] Good bad, ugly.

[2:22:52] You got to have tough skin up here.

[2:22:53] We're not going to get everything right tonight.

[2:22:56] But I think we've listened to the citizens

[2:22:58] and we got an ordinance before us to really do some research

[2:23:02] and dig into this and give you guys voice back.

[2:23:04] And I think that's what's the most important piece tonight.

[2:23:07] So with that, I'll go to ask if there's anything

[2:23:08] further from the council for I close out the public hearing

[2:23:10] on All right.

[2:23:13] Nothing further.

[2:23:14] I'm going to go ahead and close out the public hearing

[2:23:16] and I'll go ahead and make the motion to adopt ordinance number

[2:23:19] 2020 6-295 on first reading, Establishing a temporary

[2:23:24] moratorium on the data center facilities in the town

[2:23:26] of Johnstown, which prohibits the town from accepting

[2:23:29] applications, are engaging in precedent or activities for data

[2:23:32] center facilities for a period of 12 months from an effective

[2:23:35] date of the ordinance.

[2:23:36] Second motion by myself seconded by Council member Morris

[2:23:41] was go and put it to electronic.

[2:23:43] OK So in the read ordinance title, first, Thank you, Mayor.

[2:23:46] You know, to myself Ordinance number 2020 6-295.

[2:23:50] An ordinance establishing a temporary moratorium

[2:23:52] on data center facilities in the town of Johnstown.

[2:23:57] Thank you.

[2:23:57] With that, I'll go ahead and put the electronic vote

[2:24:05] I thought the ayes have it motion carries.

[2:24:07] Thank you, everybody, for coming out tonight.

[2:24:09] With that, we're going to move into council comments.

[2:24:12] I'll go and start off with council member means is

[2:24:16] i think my group chief Oglesby where are we with the weed

[2:24:28] mitigation ordinance that we passed or have we been issuing

[2:24:32] citation and No, but we have.

[2:24:41] We did turn your Mike on Sorry.

[2:24:45] That's okay.

[2:24:47] Yeah They've been working very hard on the weed situation.

[2:24:50] But I can't give you a direct number right now.

[2:24:52] OK Because obviously, with the drought weeds,

[2:24:56] weeds, love drought.

[2:24:57] I wish grass, love, drought but weeds love drought.

[2:25:01] OK I know.

[2:25:06] I'm going back to a topic that nobody wants to talk about,

[2:25:09] but have any matt or Mitzi have any of the maintenance

[2:25:16] repair items that we brought up to Dr. Coker on our 622 meeting.

[2:25:23] Been fixed or have they presented bids to repair

[2:25:29] the things that were shown?

[2:25:31] Because Dr. Coker indicated that he would look into it right away

[2:25:38] Mayor and council I'd have not received nine communication

[2:25:42] regarding that, but I will check into that this week

[2:25:45] and let me know at the end of the week Also,

[2:25:51] Mr. Levinson mentioned that the to her 2025 audit of the why

[2:25:58] was delayed due to the vacation of the auditor,

[2:26:01] and he said that it would be forthcoming after he returned

[2:26:06] from he or she returned from vacation

[2:26:09] So it's been almost a month.

[2:26:11] Do we have the audit marion Council We have not received

[2:26:17] the audit at this time.

[2:26:19] And I notice that the June financials

[2:26:22] are not in the packet.

[2:26:23] So we have not received those as well from the mayor and council.

[2:26:29] Those were received on Friday some time, maybe.

[2:26:35] I don't recall exactly what time,

[2:26:38] but the packet was already distributed on Thursday

[2:26:41] as it normally is Right.

[2:26:44] OK Councilmember Morris you have mentioned many times

[2:26:50] that your role on the board of the YMCA

[2:26:53] is to improve the communication between the town and the Y.

[2:26:57] So i would like to ask if it would be possible for you

[2:27:00] to give us a report, a monthly report from the board meetings

[2:27:05] and what's happening.

[2:27:07] And I think it's it's important that we have

[2:27:11] this line of communication, but we haven't heard from you

[2:27:16] since you've been on the board of what goes on

[2:27:19] in their meetings and Well, I have mentioned at least once,

[2:27:22] but we had some meetings that were canceled.

[2:27:25] And then I recently aligned with Brittany since she's taken over

[2:27:30] and she's going to be giving me reports

[2:27:32] every month so that I can do it.

[2:27:34] I was suggesting on the second meeting of the month,

[2:27:37] we did not have one in the last month because of barbecue days.

[2:27:42] So that is so coming.

[2:27:46] What do they what do they they meet

[2:27:48] the first Friday of every month, first Friday at 730

[2:27:51] in the morning.

[2:27:52] And so did they not meet in July either on that?

[2:27:57] Is that the one that I did not go to?

[2:27:59] Yeah, I did not go to that one.

[2:28:00] I had staff in or family in town and we were

[2:28:04] preparing for barbecue days.

[2:28:05] So I did not barbecue days is in June.

[2:28:08] I'm asking about July.

[2:28:09] Oh, June, July seven.

[2:28:12] But it just be a similar report that any other like the library

[2:28:19] board submits their meeting minutes

[2:28:21] Could we just ask that the YMCA would submit that same data?

[2:28:27] I'm fine with that.

[2:28:28] I just mean, if we are really trying

[2:28:31] to improve our communicate and I think it's important to know

[2:28:34] what the board is discussing.

[2:28:36] I mean, I come with my behavioral health.

[2:28:38] I mean, we don't meet, we meet quarterly.

[2:28:40] So it's, you know, it's not a monthly situation

[2:28:43] but I think it's important for all of us that serve on a board

[2:28:47] to bring that to council.

[2:28:50] So that we know what's happening And I just would, you know,

[2:28:54] I know the is a hot topic right now.

[2:28:57] And I think that it's important for us

[2:28:59] to keep the line of communication open

[2:29:02] and know what's going on there.

[2:29:04] And then they know what's going on here.

[2:29:06] I agree.

[2:29:07] And I've asked in the past from Pat

[2:29:10] and I think just the transition between Pat and Britney

[2:29:13] and all the time last summer that there were cancellations

[2:29:16] of meetings because of staff being on vacation

[2:29:21] and then also the whole entire topic of the why

[2:29:24] has kind of been in front of us.

[2:29:25] So I didn't think they had anything specific extra

[2:29:29] that they needed to discuss.

[2:29:30] But I have already put that in place.

[2:29:32] And she's going to be getting me a report every month.

[2:29:35] And then it'll be I'll, I'll talk

[2:29:37] about it at my council meetings on the second meeting

[2:29:40] of the month.

[2:29:41] Okay That's great.

[2:29:42] Thank you.

[2:29:43] That's all I have.

[2:29:43] Thank you, Mayor.

[2:29:45] Councilmember Burke.

[2:29:46] Nothing's reported this time Cast member Morris.

[2:29:52] So I just wanted to thank everybody for coming out

[2:29:56] and for the passion that you have for this town and the love

[2:30:00] that you have for this town and everything that you've said.

[2:30:02] I know that there was a lot of outbursts of happiness and joy

[2:30:06] for some comments and i understand that.

[2:30:09] And it it's when you really are passionate about something,

[2:30:13] it's hard to not let that out.

[2:30:15] So I do want to thank everybody and for that

[2:30:18] as well And we're going to be studying this with these folks.

[2:30:24] And hopefully learning more.

[2:30:25] All of us.

[2:30:26] And then I wanted to ask why we're

[2:30:29] here about the why I'm not sure if it's Matt that I ask you.

[2:30:33] Can you really permission for the YMCA

[2:30:36] to be able to talk to the auditor

[2:30:38] since they have agreed to pay for half of the audit.

[2:30:41] So they can discuss the numbers that were incorrect?

[2:30:45] So we can get this finalized?

[2:30:47] I know that they did meet Mitzi and the CFO

[2:30:51] and they were wanting to try to get that negotiated and there

[2:30:57] was I asked about the question, speaking of the information

[2:31:00] from the way i did end up asking him

[2:31:03] if they figured out what the number was Because if we

[2:31:06] remember correctly when they came before us marks that there

[2:31:08] was an exact number on this spreadsheet

[2:31:10] out to the dollars and cents that had

[2:31:14] to be wrong because you can't come

[2:31:15] up with that same exact number.

[2:31:17] So I think that for all intents and see that we be

[2:31:21] able to let them talk to them.

[2:31:23] So that they can question and figure out what

[2:31:25] it is that might be missing or that might be in error.

[2:31:29] So we can come to a final dollar amount.

[2:31:31] And get this put behind us Is that possible So Mayor

[2:31:37] and council the full funds of 35,000 associated

[2:31:42] with the audit have been fully expended There is no more money.

[2:31:48] So if I if they want to talk to the auditors

[2:31:53] they would need to engage contractually with i Bailey

[2:31:58] to continue that process So they're not.

[2:32:04] So they're the auditors are not allowed

[2:32:05] to talk to them about mistakes or not mistakes

[2:32:09] that they made in the audit.

[2:32:11] So so the hours allocated for that contract have been expended

[2:32:16] probably above and beyond that isn't to say that they probably

[2:32:21] couldn't talk to the auditors but they

[2:32:23] would need to go under contract themselves

[2:32:25] to actually have to pay for it.

[2:32:29] Bailey To continue services, if that was something I'd.

[2:32:32] Bailey wanted to continue forward with, OK Brittany,

[2:32:36] can you pass that information along?

[2:32:38] OK I just was curious why they cannot if they truly made

[2:32:43] a mistake you think you'd be able

[2:32:45] to ask someone about that mistake

[2:32:47] without having to pay for it?

[2:32:48] That that's just my you know, being naive about an audit.

[2:32:52] I've never been audited.

[2:32:53] So that was an exit for me.

[2:32:56] And then we also have the upcoming course of my brain

[2:33:00] just went completely blank.

[2:33:01] But upcoming neighborhood night out

[2:33:04] with the Y and tPR and the town is going to be involved in that

[2:33:09] still.

[2:33:10] What date is that ?

[2:33:12] Friday night at Nelsen Park.

[2:33:14] Thank you.

[2:33:15] You Thank you.

[2:33:18] Councilmember Morris.

[2:33:19] Councilmember Bashford I have a couple topics for tonight

[2:33:26] First, we're going to talk about the letter

[2:33:28] that never reached us Mayor, fellow council members

[2:33:31] and neighbors At our last meeting

[2:33:33] I told you nearly every concern that

[2:33:35] was raised in 2017 about our way and see a partnership

[2:33:39] has come true.

[2:33:40] And I quoted it from the record to show it tonight.

[2:33:43] I want to tell you about one document from that record

[2:33:46] that most of this council has never seen I want to tell you

[2:33:49] about it because the way it was handled then

[2:33:51] is the same problem we're living with now at 1047 on the night

[2:33:56] of March fifth, 2017 15 days before this council selected

[2:34:01] the YMCA, a detailed written warning

[2:34:04] arrived in a former council member, Gary Leib Sachs inbox.

[2:34:07] It came from former employees and members

[2:34:10] of the YMCA of Boulder Valley, and it was not a rant.

[2:34:13] It was specific It described an organization carrying roughly

[2:34:17] $800,000 in debt, talked about nepotism,

[2:34:20] and described a culture where leadership reported

[2:34:23] in their words, quote, favorable numbers while, quote,

[2:34:27] only a select few have regular eyes on the core fiscal reports

[2:34:31] Five minutes later, that same anonymous

[2:34:33] sender sent it to former council member Troy Mallon.

[2:34:37] And that's where it appears to have stopped.

[2:34:39] Two of the seven members of the council received that warning.

[2:34:42] That letter never appears in the March 20th 2017 council packet.

[2:34:47] It's never mentioned in the minutes in the files

[2:34:50] I've reviewed.

[2:34:51] There's no email.

[2:34:52] The former mayor Scott James knob forward

[2:34:54] to staff no reply, no discussion and no verification

[2:35:00] 15 days later, council voted to enter a partnership

[2:35:03] with that organization and it's possible

[2:35:06] that three of the four members casting that vote

[2:35:09] had no idea the wording existed It's important to note

[2:35:13] that former council member Loebsack voted yes,

[2:35:16] while former council member Mellen recused I want

[2:35:21] to be careful and fair here.

[2:35:22] I can't prove that no one ever mentioned

[2:35:24] it in the hallway conversation.

[2:35:26] I can only tell you what the record shows which

[2:35:29] is that a written specific firsthand warning

[2:35:31] about our partner fiscal transparency reached the council

[2:35:35] and evaporated before it could inform the decision.

[2:35:39] And I would ask you to sit with that.

[2:35:41] With what that letter predicted.

[2:35:43] Favorable numbers, few eyes.

[2:35:46] The total difference between the town YMCA

[2:35:48] and his numbers is $211,546.62.

[2:35:54] The people that wrote that letter in 2017

[2:35:56] were not making up stories They were witnesses.

[2:36:00] And here is why that is not just history The failure in 2017

[2:36:05] was not that.

[2:36:05] No one no knew Someone always knows the failure was

[2:36:10] that our institution had no way to make sure that what one

[2:36:13] member, Neil all members, Neil and colleagues

[2:36:17] I would gently ask you are we confident that

[2:36:20] has changed when fiscal discrepancies surfaced today?

[2:36:24] Does every member of this council

[2:36:26] see them at the same time in the same form

[2:36:29] in the packet on the record?

[2:36:31] Or it is critical information about this partnership

[2:36:34] Still travel person to person arriving

[2:36:36] at some desks and not others shaping

[2:36:39] some votes and not others.

[2:36:42] Tonight I have a few asks First, a standing policy

[2:36:46] that any communication to any council member concerning a town

[2:36:49] contract or a vendor or a proposed contract

[2:36:51] or a vendor, whether it arrives by email, letter or handshake

[2:36:56] is logged and distributed to the full council

[2:36:58] and included in the record before any vote

[2:37:01] regarding the contract or a vendor redacting

[2:37:03] any personal information.

[2:37:05] If the sender wishes to be anonymous Matt Naveh,

[2:37:09] could you please draft something up for council

[2:37:11] to discuss at another meeting Might ensure

[2:37:19] I'm following the direction.

[2:37:20] Are you at four for clarity?

[2:37:29] What you're asking for is every communication

[2:37:34] that we have with an outside vendor

[2:37:36] that we have a contract with that we communicate

[2:37:41] the discussions that we have with those vendors with council

[2:37:45] as well.

[2:37:46] I'm saying if it's possible something that a council member

[2:37:50] received that it shared with the rest of council,

[2:37:53] if it could have anything to do with a vote that could be

[2:37:57] upcoming, it would be difficult in the sense

[2:38:01] that you're asking staff to start going through all council

[2:38:04] member emails.

[2:38:06] I mean perhaps you will want to discuss

[2:38:08] a policy among yourselves were if you want to forward it

[2:38:13] to staff, we can distribute it Could there

[2:38:18] be some kind of maybe if it's not possible to have a policy,

[2:38:23] could it be something that the Council agrees that all of us

[2:38:26] would be, you know, willing to forward on to everybody.

[2:38:30] So that a situation like this doesn't happen again?

[2:38:33] Do you mind if I ask a question?

[2:38:35] Sure.

[2:38:36] So i know that we've gotten letters that

[2:38:38] have went into our junk mail.

[2:38:41] I found in a letter from a resident in my junk mail.

[2:38:44] How do you know that Mayor Loebsack or Mayor Pro

[2:38:48] Tem or Troy Mullen how do you know

[2:38:52] they even got those letters?

[2:38:54] Because it was in their inbox So they at least in the it

[2:38:56] was in or in the junk they at least

[2:38:59] received it in their email Yeah, but that's what I'm saying.

[2:39:02] I've gotten we got all of the council members

[2:39:05] got a letter from a fake person and i did not

[2:39:09] see it until I was asked by someone else,

[2:39:12] Did you see the email?

[2:39:14] And I said, No, I never got it.

[2:39:16] And then i went in my junk and found it So some sometimes

[2:39:21] your junk delete stuff.

[2:39:22] If you don't go in there fast enough.

[2:39:24] Right.

[2:39:25] Isn't it set up like that So I'm just curious

[2:39:30] because I on the policy.

[2:39:31] I don't know how that works, but I know that all of council

[2:39:34] at least got that community.

[2:39:35] Jason Well, that's why it was available for all of council.

[2:39:38] People should write council at Johnstown Coker

[2:39:41] and it goes to every single person

[2:39:44] So it i don't know how to keep stuff out of the junk,

[2:39:47] but I'm just saying I don't know how you can say that.

[2:39:50] They saw it because you don't really have proof of that.

[2:39:54] And that seems and they're not here to defend themselves.

[2:39:56] I didn't I said that at least two inboxes got it.

[2:39:59] I didn't say they got it.

[2:40:00] And they that's what I meant.

[2:40:01] I didn't say that.

[2:40:01] That's what I'm asking.

[2:40:02] What if they never saw it?

[2:40:04] I mean, it's alluding to that, again,

[2:40:05] that something was not that was shady

[2:40:07] when we don't know that, again, that's

[2:40:10] okay That's all I'm saying.

[2:40:11] That's all my question was, if I could add a small point

[2:40:14] to theirs, as you all very well Now,

[2:40:16] I believe there's a difference between a quasi judicial and

[2:40:19] legislative actions and citizens are certainly

[2:40:22] allowed to reach out when it comes to more

[2:40:25] of a legislative type of decision, which this probably

[2:40:28] was at that point So I'm not sure whether that here nor there

[2:40:34] as to your request, I think if council wants

[2:40:36] to make a decision to share all their emails they certainly can.

[2:40:40] If you decide to do that rather than start replying

[2:40:44] all and the potential to create a meeting,

[2:40:48] you could for them if you got an individual email,

[2:40:51] you could forward it to Matt or Megan However, the protocol gets

[2:40:56] established and asked that that be added to a packet.

[2:40:58] If you get an individual email and you

[2:41:00] wanted that into a packet, that could be done.

[2:41:02] I would like to formally request my email be deleted completely.

[2:41:05] I don't want to go through all those emails.

[2:41:07] I'm just saying I'd rather not get any,

[2:41:12] but i put my number out there multiple times on the breeze.

[2:41:16] Add on one ad that was on there, I

[2:41:19] would rather someone call and talk to me about any issues.

[2:41:23] We got so many emails regarding this topic.

[2:41:25] It is a lot.

[2:41:26] So not that we don't read them, but to try to reply to everybody

[2:41:30] and then if things go in the junk

[2:41:32] and we don't get back to Bobby Sue,

[2:41:34] then Bobby sue thinks we ignored her.

[2:41:36] When we did not.

[2:41:36] It was in junk and it possibly got deleted.

[2:41:39] That's all I'm saying So I don't know how you're

[2:41:41] thinking this might work, but.

[2:41:42] OK, that's all.

[2:41:43] I'll bring something up at a different time than about it.

[2:41:46] I just.

[2:41:46] Let's find out.

[2:41:47] But second, I would like to ask now that the 2017 letter has

[2:41:52] surfaced that it be formally entered

[2:41:53] into the record of this council Nine years late.

[2:41:56] So that's finally where it should have been transferred

[2:41:58] Parent The people who wrote the letter signed it

[2:42:01] as former employees and members of the why,

[2:42:04] they had nothing to gain.

[2:42:05] They wrote to a small town that they had never

[2:42:07] lived in because they believed we deserved to decide

[2:42:10] with our eyes open to people possible We opened

[2:42:13] and read that email tonight.

[2:42:15] We can finally finished delivering it.

[2:42:17] And I also want to make a pledge tonight that letter surfaced

[2:42:20] online a few weeks ago.

[2:42:21] And while some dismissed it as a disgruntled employee

[2:42:25] I saw it as someone who cared enough to speak up.

[2:42:27] They chose to stay anonymous.

[2:42:29] And I understand why coming forward is never easy

[2:42:32] no matter where you work Strong organizations

[2:42:35] welcome honest feedback.

[2:42:37] That's true of the best towns, the best companies

[2:42:40] and the best partnerships.

[2:42:42] So tonight, I want anyone connected

[2:42:43] to the town of Johnstown through any of its contractors

[2:42:46] or vendors to know this.

[2:42:47] If you ever have information you believe should be heard,

[2:42:51] I'm here to listen.

[2:42:52] I will help protect your identity.

[2:42:53] If that is your concern.

[2:42:55] Speaking up in good faith should never come at a personal cost

[2:42:59] And hey, anyone out there who has already faced retaliation

[2:43:02] for speaking up, I'm sorry that happen

[2:43:05] And I know where you're coming from.

[2:43:07] Stay strong and keep up the good fight because you will prevail.

[2:43:11] And I'm glad I listened when concerns were

[2:43:13] raised about the rec center, because listening

[2:43:15] is how we get better.

[2:43:16] That is my commitment to anyone out there weighing

[2:43:19] whether to come forward.

[2:43:20] My door is open I will listen and I

[2:43:23] will help in any way I can.

[2:43:25] I'm not making a motion tonight I will be submitting it

[2:43:28] in writing and I am asking that it be placed on the August 3rd

[2:43:31] agenda under new business A motion to amend our june 22nd

[2:43:35] direction by striking the clause asking

[2:43:38] the town to work to amend the damage

[2:43:40] and reputation of the YMCA.

[2:43:43] And let me be clear about what my ask is.

[2:43:46] The partnership continues the direction to staff to negotiate

[2:43:50] continues.

[2:43:51] The 90 day cap is untouched and it does not leave a silent

[2:43:55] about how people are treated because the amendment replaces

[2:43:59] that clause with a directive that public communication

[2:44:03] regarding our operating partner be factually

[2:44:06] accurate and consistent with our audited financial reporting

[2:44:10] and that town staff and YMCA employees be

[2:44:13] treated with respect and professionalism

[2:44:16] in every public forum.

[2:44:18] What changes is one thing this council would stop officially

[2:44:22] certifying without a hearing and without a finding

[2:44:25] that the concerns raised about this partner

[2:44:27] were false because as this 2017 letter shows,

[2:44:32] concerns about the organization existed long before anyone

[2:44:35] in Johnstown ever raised them.

[2:44:37] And some of what we were told was

[2:44:39] false has since been confirmed by our own audit You will

[2:44:42] each have the full text in their packet

[2:44:45] after I send it to RB for review with time

[2:44:47] to read it before you're asked to vote.

[2:44:49] And that is the standard that i'm asking the Council to adopt

[2:44:54] And then I want to explain tonight.

[2:44:59] Why I voted no on the moratorium Everyone who has concerns

[2:45:03] tonight, they are valid concerns.

[2:45:06] However each one of those could be addressed in smart policy.

[2:45:10] Each one is measurable limits can be set with strict policies

[2:45:13] for failing to adhere to those policies.

[2:45:17] Policy can be written that protects the town.

[2:45:19] The resident and the way of life that we all

[2:45:21] enjoy Oh, my mind is not made up on what

[2:45:24] needs to exist in the policy.

[2:45:27] My mind is made only made up that we

[2:45:29] need a policy over what we have now and that is nothing.

[2:45:33] I ran on conservative beliefs.

[2:45:35] I believe in small government I believe that government should

[2:45:38] set guardrails to make sure everyone's playing fairly

[2:45:41] and that the town and resident are protected.

[2:45:43] But I am not a fan of overreaching regulations

[2:45:47] and saying, no, even pausing is government overreach no matter

[2:45:51] what the topic is I believe the council can protect

[2:45:55] the town by creating good policy and some policies

[2:45:59] need to be continuously updated Second,

[2:46:03] it's council's job to have open eyes, open ears and open hearts.

[2:46:07] Anyone who runs for council should

[2:46:08] love where they live and want what's best

[2:46:10] for our town over themselves.

[2:46:13] They should be impartial.

[2:46:14] Look at the facts and make fair judgments

[2:46:17] and absolutely explain why they voted the way they did Council

[2:46:21] only works if there is trust transparency and accountable

[2:46:25] city No one person can push something through It

[2:46:30] takes a majority vote and that's why there's seven of us.

[2:46:33] Good members of council are lifelong learners They do

[2:46:36] their homework by researching and investigating all aspects

[2:46:40] of a particular topic as best as they can Each council member

[2:46:45] represents all 22,000 residents, not just the residents that we

[2:46:49] want to represent I can't speak for everyone,

[2:46:52] but it's not always an easy job to do for myself.

[2:46:56] I read every email.

[2:46:58] I'm active on social media I give full attention

[2:47:00] to every public comment.

[2:47:02] So I'm listening I'm researching.

[2:47:04] And I spend a ton of time on this because I care.

[2:47:08] Some of us up here have kids and even grandkids and we all

[2:47:11] want to leave something great to them.

[2:47:13] The goal is to make Johnstown the place they

[2:47:14] want to live when they grow up.

[2:47:16] The ultimate goal is to make anyone who wants to live here

[2:47:20] be able to live here and truly believe

[2:47:22] that Johnstown is the community that cares nothing further.

[2:47:27] Thank you, Mayor Pro Tem.

[2:47:28] You know report tonight.

[2:47:29] Thank you Thank you.

[2:47:31] Mayor Pro tem.

[2:47:32] Yeah, I before I jump into my speech,

[2:47:35] Commissioner always be can we get with Mr. York

[2:47:37] and see how we can fix that radar

[2:47:40] problem that he brought up?

[2:47:41] And also, if we can get a, you know, a big scare crowed Mr.

[2:47:46] York, because he's a big guy.

[2:47:46] I've never seen in person before.

[2:47:48] And maybe to scare those weeds away,

[2:47:50] I think that would be great But thank you for the comments

[2:47:53] and bringing that to us tonight I really appreciate that.

[2:47:56] All right.

[2:47:56] With that, before we adjourn, I like

[2:47:58] to leave everyone with one final thought tonight

[2:48:01] We heard different perspective.

[2:48:03] And that's the very nature of a representative government

[2:48:05] government.

[2:48:06] Our responsibility as elected officials

[2:48:08] is not to chase every opinion or every moment,

[2:48:11] but to listen respectfully, deliberate, thoughtfully make

[2:48:15] decisions.

[2:48:15] We believe will best serve the long term interests of

[2:48:17] the entire johnstown community.

[2:48:19] Leadership is tested most when opinions differ,

[2:48:23] and those moments our duty is to remain steady,

[2:48:25] to uphold public trust, and to continue

[2:48:27] moving the community forward with integrity

[2:48:29] humility and purpose.

[2:48:32] Tomorrow, the work continues Our police officers will

[2:48:34] answer the calls for service.

[2:48:36] Our firefighters and first responders

[2:48:38] will stand ready Our public works crew will maintain

[2:48:41] our streets and infrastructure.

[2:48:43] Our staff will continue serving our residents

[2:48:45] with professionalism and dedication

[2:48:46] to their quiet, consistent work is what

[2:48:49] keeps this community strong.

[2:48:50] And I want to thank every town employee

[2:48:52] for their unwavering commitment an unwavering

[2:48:55] commitment to public service.

[2:48:57] Before we leave tonight, I ask that we pause and remember

[2:49:00] the 17 American service members who

[2:49:01] have given their lives for the ongoing conflict in Iran.

[2:49:05] As a retired Air Force member, I know

[2:49:06] that behind every name is a family forever changed Brothers

[2:49:10] and sisters in arms carry immeasurable loss

[2:49:14] and a nation forever indebted to their sacrifice

[2:49:17] Their courage reminds us of the freedoms we enjoy,

[2:49:19] even the freedom to gather in this chamber, to debate openly

[2:49:22] and to disagree respectfully have always come at a price.

[2:49:27] Let us honor the memory not only with our words,

[2:49:29] but with how we serve one another.

[2:49:31] May we lead with humility?

[2:49:33] Treat one another with dignity and never lose sight on the fact

[2:49:36] we are blessed to call this country our home.

[2:49:38] And this community, our own.

[2:49:40] Thank you to my fellow council members

[2:49:42] for your service to our staff, for your dedication

[2:49:45] and to every resident who took the time to participate

[2:49:48] this evening May God bless the families of those who have made

[2:49:51] the ultimate sacrifice Watch over the men and women serving

[2:49:54] around the world tonight and continue

[2:49:56] to bless the town of Johnstown, the great state of Colorado,

[2:49:59] and the United states of America.

[2:50:01] Thank you, everyone Have a safe evening.

[2:50:04] That's it for me tonight on this of closing comments With that,

[2:50:08] we'll go ahead and move into executive session an executive

[2:50:13] session to discuss the purchase of acquisition,

[2:50:15] lease transfer or sale of any real person or personnel

[2:50:20] or other property interest percent

[2:50:21] this year as 20 4-6-424 alpha.

[2:50:25] With that I'll go and I suppose you the counsel moved.

[2:50:31] I'll second it motion by Council member Burke seconded by myself.

[2:50:36] What's go and put it to voice vote.

[2:50:38] All in favor say aye.

[2:50:39] Aye Aye all oppose Ayes have it We're

[2:50:41] in executive session number I'm the way of relating All right.

[3:12:24] We're back in session No other topics were

[3:12:27] discussed or voted on tonight.

[3:12:28] We're adjourned And no decisions were made

Town Council Meeting

Agenda

Transcript