Yeah But we're not taking any questions
on this If you continue to interrupt,
you're going to be removed So respect the decorum.
Please.
Here I have a hearing from Well, you're
welcome to move your chair up closer,
but we're not interrupting the meeting.
Let's let's let's respect everybody else in here.
The folks are talking up here, but we're getting out of line.
All right.
Continue please.
Chad I guess my question would be what?
I mean, you want to look at this over this year time period
that we're looking at.
You know, to do this research So what
does this time frame look like that we would compile
this committee of sorts?
Because as are we wanting this to be
in conjunction with that year time
frame that he's making reference.
I don't think i wasn't suggesting that it had to be.
I just, you know, we have a proposal in front of us.
If it takes longer or less time, I I would
I don't think that it's that it should be time certain I mean
I guess I'm not saying I don't trust our staff,
but how are You going to pick six people and not
and have that be random unless you're going to draw names out
of a hat because you're going to know if someone's
for it or against it.
I could pick six people right now.
That'd be great with it.
That's not right Because I'm pretty
sure six people in this room would be against it So
how do you find how are you going to keep
that biased or unbiased?
So when I look at it from a staff perspective,
us as a council up here vote 98% at a time of staff
recommendation So what's your what you're saying
is you don't trust the staff is kind
of what I'm getting at here.
I did not say that.
I didn't.
That's kind of what we're in situate into.
The way I look at staff not put words in my mouth.
Please.
I did not say, Well, you just saying,
how do we trust the staff?
I did not say that The staff gives
us recommendation and guidance.
That's not what I said If you don't
want to go forward with this it would be an advisory committee.
It would not take away your discretion at the end of the day
to make right decisions.
And regulations.
We're going to need even with an advisory committee,
you're going to need assistance of staff
to help draft regulations.
It would it would be a process just to provide recommendations
and information to you.
We could do our best to set out the types of folks
that you might want to sit on this committee
if you want them to have education or no education.
I mean, that that's all within your protocol.
But i just want you to know that it won't take off.
At the end of the day, They're not going to be
the final decision makers.
They're just going to be providing education If you
want to go forward with this.
I think one of the other things that I heard from marin Council
was if you want to create this commission
or this committee, what we could actually do
is probably establish some sort of survey asking people
exactly what their perspective or their preferences on data
centers So we do get a good cross-section
of perspectives on this topic.
So that we can listen and learn hopefully about what's going on
and take all of that information and you know,
there may there may be some other activities that
that committee decides to do.
But what we can do as staff is we
can collect that data for them and present it to them.
So that they can make the best decision or recommendation to
the council for final decision.
Matt, do you feel that Six would be too small or 6.
A good number ?
I I don't know that answer.
I mean, I I ideally, you want to find
somebody that really doesn't probably
know much about data centers.
I'd, I'd say probably a good candidate,
but I'm not going to be involved in that You know
But people that don't have a bias One way or another
that at the end of the day, I mean as a staff,
we're here to serve Right.
That's why we're here We we take the opinions of the community.
We take the direction of the council.
And we carry that out.
That's our responsibility Our responsibility is not
to get emotionally involved with the decision making
process of the governing body All right.
Six might be the right answer Now
I shudder to think that more than ten,
but I think you do need a good cross-section of pro con
and probably understand guided that need to take
the information excuse me.
Take that information and come to a conclusion
to as to as to what they think is best for the community
probably more more than likely.
Thou art is better than even in the case
that we have a split decision and probably
probably if you have I do you probably
want to try to keep as many undecided or unknowing
individuals about the topic would be primary
So then I'll reverse the question.
The council does council think that the six or if we go
with an odd number, 7 or 9 or something,
what number feels good ?
I still think it should be left up to the citizens.
I do.
It's their property They.
They live in this town.
I've lived here Not as long as Chad or Jessie.
I've lived here 26 years.
But even people coming in, they bought property here
and they should have a right to say whether they get to hear
the noise breathe, the pollution, whatever I don't even
think six people whether they're four against it,
how you're going to do that.
And bring it back to us, for us to decide when, if we just
listen to our citizens, we would we would have that answer
if we listened to the citizens.
Right now, you would have that answer.
If you've looked online is social media at all?
I have not heard very many people for it.
So why are we not listening to the citizens
instead of creating a committee just
to kick the can down the road, to have somebody that possibly
pushes those people that are on there to magically get
some good news through there that somebody believes
and then it's i don't know.
Well, there's over 20,000 residents in this
community So I think we've got to look at it
from a bigger perspective.
Let them vote on the ballot in 2020.
But yeah, this is a tough one, right So
and I'm trying to scope my brain around the agenda item, which
is the committee I have definitely comments
for ordinance number eight when we get to that piece
But the committee itself, I've been part of a lot
of committees over the years.
I'm sorry, early public arts and several of them.
I do agree that if we move forward with a committee,
I think having an odd number is recommended
and a smaller number not to exceed, say,
ten just because then we get too much Where I'm hearing Diane
is of the need for the committee.
The need for the committee was based off
the idea of ordinance number eight,
which is establish a moratorium.
But assured in hearing from the citizens
This committee will also just like we've
done in other committees, will establish communication plans
with the citizens that could be you know,
that could be in their charge. that could be one thing
that they come up and they want to do Maybe they
want to do the barbecue days or trick
or treat street and get feedback directly from the citizens.
That's going to be with the committee.
Some of the committee decisions So it's not that we can't have
20,000 people doing it.
But then again, we get all the data,
we get all the information from The committee and the citizens
It gets really reviewed.
And again, we we don't have to make a decision The moratorium.
And Abby, correct me if I'm wrong,
we have moratoriums and other things They can't just
come in her bill without our approval we have had more times
for other things that we had a short oil and gas moratorium
and we had a moratorium water dedication.
Since I've been here What's your question exactly?
I think that if somebody brought forth an application for a data
center based on My understanding from the work session,
is it would be considered under the code right now.
Correct.
Unless we do the moratorium would pause
that for 12 months, Correct.
They would not be able to get that move
through because it's arbitrary.
If you all choose to adopt.
Correct.
So I just want to clarify that.
And the committee, if they say we need more time,
there's more time If the committee also
says it needs to go to the ballot that's the information
we want to hear from the citizen.
So those are the kind of, I guess,
all the talking points that I'm hearing
that I'm you want to make sure it's very
clear to everybody tonight.
We're not saying at least I'm not saying we
don't hear from the citizens.
It's been very light full hearing from the citizens
We're not saying we're doing anything at this point.
We still have a public hearing that we have to do.
And we're not saying that if we do
a moratorium, if we do nothing, there is
a risk that they could come in.
But if we do a moratorium, they can't come in.
If we ban it, they can't come in So that's what we can do
But again, I don't think we're there yet as far as
making that final decision on.
We just keep a moratorium forever
and we have marijuana right now is a moratorium forever.
But I mean, we haven't i mean, it's until somebody can write it
well, but then that comes to a vote
against it's not just they can't build something downtown
So I think we have we have protections in place.
We just don't have all the information in.
And.
That's right.
One information.
I think there are some smart people out here that
know a lot more about this stuff than us
And I'd love to hear from them both on all sides of the fence.
As you said So that's why I think establishing
a committee would help do it is not,
I think, all inclusive to the seven people
or whatever we decide Megan what would be the next opportunity
if if we chose to put it to a vote
We were told last week that the next opportunity
after this November would be April of 2028.
Is that still true?
Mayor Duncan and Council member If you are looking at a tabor
question, sales tax something like that, that
is correct because sales tax questions
can only be coordinated or put on our regular municipal ballot.
If you are looking to ask a question of the community
and that is not a Tabor question the council
can coordinate with the counties for a November election
at that time frame is very tight right now,
but you could look at 2027 in November, but actually
and this council also has the ability
to call a special election if they choose to.
And refer a measure to the public at any time,
as long as it's not a Tabor question okay.
Thank you.
I was not aware of how that worked.
And I appreciate you telling us.
Thank you Again, Meghan, at what cost for that special election?
Sure.
So generally coordinated elections and and,
you know, Weld County is very clear.
Right. $2 a voter is what we pay larimer County.
It's based on ballot size.
How many other municipalities are coordinating And so, you
know, we estimate for a coordinated election 40
to 50,000 to do that election coordinated with the counties
are our last election that we just did in April
And that election was 35,000.
The council should note that there
were two two different ballots that
went out because of the DDA.
So that did change it a little bit in my estimation,
between 25 and 30,000 at today's cost today would be what
it would cost for my office to do
an election for the town Yeah.
So as you guys want to do 11 on the advisory board, given it
that odd number or Seven good What's everybody
feeling I have no preference.
I'm fine with either way.
Just curious what everybody else thought.
Oh, Chad i would think 7 would be enough but I don't.
I don't have an opinion.
One way or the other.
I do think I'd numbers better, but I don't.
I don't care what number it is, the more you add,
the more complex it gets for the staff as well too.
Sure.
So I'm thinking 7 would be a prime number for me to recommend
OK And thank you, Damien, for explaining that a little better
All right.
Any further deliberation before I make a motion with that,
I move to establish a Johnstown Data Center Advisory committee
consisting of seven Johnstown residents selected
through an open application process
and one town staff member to provide
administrative oversight.
The committee should operate independently of the town
council, evaluate all aspects of potential data center
development including land use, infrastructure
environmental impacts, public safety, potential regulations
to receive public and expert input
and submit a written report with recommendations including
proposed regulations, development standards
to the Town Council or with a date to be determined The all
right, Well article in a motion by myself,
seconded by Council member Bashford, we put it to electric.
Preliminary plat and rezone seven Alpha Resolution number
2020 6-35 approve a preliminary plat to White House a division
following number two, then seven Bravo ordinance 2020 62-29
for approving rezoning a real property
known as the White subdivision Finally, number two.
With that, I go and ask for a staff report To
and Megan will have a vote on all three of those resolutions
separately.
The two that are before us.
Duncan Yes.
OK Thank you Good evening.
Mayor Duncan and council members.
My name's Aubrey Flores, planner one with the town of Johnstown
And I'm just trying to get my slide show on to the screen
Maybe it's coming to your rescue.
Thank you, Mike Okay Thank you.
Thank you.
Here we go.
Tonight, I'll be presenting Two applications for the property
known as White Hall.
A preliminary plat and a reason these applicant ations
were submitted and reviewed concurrently under the town's
land use and development code.
The subject property is approximately 163.34 acres.
And as you can see on the vicinity map
provided it is located north of Weld County Road 46 west
of Colorado Boulevard south of the Clearview neighborhood
and east of unincorporated weld County.
The property was annexed into the town in 2021
through the Whitehall annexation At that time,
the property was zoned planned unit development,
mixed use or Puti MOU.
There were no zoning documents created or approved
for the property at that time Also in 2021, Whitehall
filing number one was approved.
This subdivision created the parcel.
You can see around the orange for Roosevelt High School It was
constructed a few years later The current applications
represent the next phase of development for the remaining
Whitehall property.
So the applicant tonight is requesting approval
of a preliminary plot I'll be showing you the plot later
in my presentation portion, but it would subdivide the property
into seven tracts to outline it and the associated public
right away that outlets are intended
for open space drainage detention
and utility infrastructure.
The proposed right away establishes the future street
network through the property and provides connectivity
to the surrounding areas.
The applicant tonight is also requesting a reason
to replace the existing PD zoning with a combination
of standard zoning districts found within our land
use undeveloped met code.
Our two mixed density neighborhood
our three high density neighborhood
mNC mixed use neighborhood commercial and MRC mixed
use Regional commercial.
The intent of the proposed zoning framework
is to establish a transition of development intensity
across the property with lower density residential uses
to the West and increased opportunities for mixed use
and commercial development Closer to Colorado Boulevard.
So this proposal was reviewed for consistency
with the comprehend the plan, which you can see on the screen
And it was found that the proposed zoning framework aligns
with the future land use designations for the property So
as shown on the future land use map,
the eastern portion of the property
is designated medium density slash intensity,
while the western portion is designated low density slash
intensity The proposed zoning also supports the town
goals related to the housing affordability plan
by providing a wide range of housing for diverse individuals
neighborhood connectivity and access to service and amenities
The applications are consistent with the comprehensive plan,
including goal L1,
which seeks to ensure that neighborhood character
and amenities contribute to the health
and well-being of a diverse range of residents.
So the following slide shows the existing zoning
and the surrounding land uses as well,
which are generally residential to the north and east
and agricultural to the west and the south.
The areas shown in gray are located within an incorporated
Weld County, while the colored areas are properties annexed
into the town of Johnstown.
Given this context, the proposed zoning framework
was designed to create a transition in intensity areas
across the property.
Moving to the proposed zoning map as you can see,
the districts generally increase in intensity from west
to east, allowing Colorado Boulevard to serve as a corridor
for supporting the higher density development
So a helpful way to think about the proposal
is a progression from homes on the West to mixed use
residential areas in the center that provide the neighborhood
services on the East.
Are two district supports a variety of housing types
in a lower density neighborhood While our three dense district
increases residential density near commercial areas,
helping support local businesses by providing residents
within walking distance of services,
the M20 District provides opportunities for neighborhoods
serving uses, such as restaurants, personal services
and small offices, while also allowing residential uses
like duplex Is and townhomes.
The mRC district provides opportunities for larger
community, serving uses such as recreation centers,
while remaining connected to surrounding neighborhoods
through sidewalks and trails OK, so a significant feature
of the proposal is the planned connectivity
through the property.
So as you can see on the preliminary plat on this slide,
it includes an east west Trail corridor, which includes a ditch
realignment intended for future multi-use trail integration
This connection will provide future connectivity
to Roosevelt High School and surrounding neighborhoods.
The Street Network is is coordinated with surrounding
development and future final plat applications will refine
the timing and sequencing of roadway and infrastructure
improvements.
Both colorado Road and County Road 46 will be required to be
improved as part of the plan application A neighborhood
meeting was held on May 12th at the Johnstown yMCA and this year
15 people attended it, including residents,
town staff and representatives of the applicant
Discussion focused primarily on road facing traffic impacts.
Utility extensions feature lane uses football stadium noise
at the high school housing projections
and access along County Road 46.
Notice of the neighborhood meeting
was mailed to all property owners within 800
for the property published in the Johnstown Breeze
and posted on the site in Three different locations.
For tonight's hearing, public notice was published
in the Johnstown Breeze on June 25th, 2026,
and mailed notice was again, provided to all
property owners within 800ft.
Stick with me.
I'm going to be listing the staff findings addressing
the criteria for a preliminary plat pursuant to section 17
DoorDash 2-2 of the land use and development Code so that
Preliminar pre plat proposes a subdivision of the 163.34 acre
property into seven tracts, two out lots in Associated
Round-Up right of way.
So from the land use and Development code the first item.
The first criteria is that the application is in accordance
with the comprehensive plan and in particular,
the physical development patterns and concepts of a plan.
So the application complies with the comprehensive plan,
particularly the development patterns and concepts related
to planned residential and mixed use
development transportation, connectivity
and neighborhood scale design.
The next criteria is that the development and infrastructure
are arranged in a manner to minimize
impacts on geologic hazards.
Environmentally sensitive areas, wildlife, habitat or other
natural features of the land.
So the development and infrastructure
are arranged to minimize impacts on geologic hazards,
environmentally sensitive areas and other natural features.
To the extent applicable to the site
No significant constraints have been
identified that would prevent development
and the proposed configuration.
The next criteria is that the arrangement and proposed design
of streets open space and blocks meet the development and design
standards of this code and are coordinated
with the existing or potential development
on adjacent property.
So the arrangement and proposed design of streets, open space
and box meet applicable development and design standards
and are coordinated with existing and future development
on adjacent properties, including
connections to surrounding residential
and aggregate natural areas.
The next criteria is that the proposed blocks and lots are
capable of meeting all development and site design
standards of the applicable zoning district
So the proposed blocks are capable of meaning
all development and site design standards,
which will be further reviewed at the time of final part.
And site specific development applications Next one
is that the application demonstrates
preliminary feasibility of being able to meet
the design, construction performance, and maintenance
requirements for all required improvements in this application
and demonstrates preliminary feasibility of meeting design,
construction performance and maintenance requirements
for required improvements, including
streets, utilities, drainage and open space infrastructure.
The next criteria is that phasing is clearly indicated
and demonstrates a logical and coordinated approach
to development and the timing, location,
and construction of amenities is consistent throughout phases.
So future development will continue
to be refined through subsequent final plat application, which
will establish timing infrastructure
sequencing and amenities.
The last.
The next point is that any impacts identified
by specific studies or technical reports
are mitigated with generally accepted in sound planning,
engineering, and urban design solutions
Any impacts identified through technical reports,
including stormwater analysis, are proposed to be mitigated
through engineering review to ensure long term
function of the development The next criteria
part of the preliminary plat is that the design does not impede
the construction of anticipated or planned
future public infrastructure or other development within the
area.
And the design does not impede planned or anticipated
public infrastructure, including transportation
and trail connections.
The last criteria is that the plot has addressed issues
of professional staff or any other public entity or review
agencies as to officially review the preliminary plat
So the application has been reviewed by town staff
and applicable review agencies, and revisions have been
incorporated to address comments So next i'm going to be moving
into the staff findings addressing the criteria
for a rezoning pursuant to section
17 dash 2-3.B of the Land Use and Development Code.
So staff reviewed the proposed zoning against each criteria
required by the code I'm going to list the following findings
demonstrating how the proposed rezoning meets
the applicable required meets.
Point number one is that the rezoning furthers
one or more of the purposes of these
regulations and 17 dash 1-3.
And on any balance, any purpose that may be undermined
or untrue weighed by the benefits of those purpose,
it furthers.
So the proposed rezoning from Puti I mean to r 2R3,
I mean and C and M r c replaces a P designation that does not
include specific development standards The proposed zoning
districts establish clear, enforceable development
regulations consistent with the land use and Development Code.
Two is that the proposal is consistent with the goals
and objectives of the comprehensive plan
and any other plan, policy or guidance
adopted pursuant to that plan.
So the subject property is designated medium density
and low density intensity within the comprehensive plan
future Land Use map.
The proposed zoning districts are consistent with the intent
of these designations and support
the overall land use framework established
by the Comprehensive plan.
So as I talked about earlier, the Eastern part of the property
is medium density slash intensity.
The comprehensive plan describes medium density areas
as complete neighborhoods that provide a diversity of shops
and services, including schools and civic facilities within
a walking or biking district.
Distance from residential areas.
These areas are intended to provide strong walking
connections multimodal trails, a range of housing options
and opportunities for diverse lifestyles and income ranges.
So in this doc finds that the proposed hour to hour three
and C and MRC zoning framework closely
relent reflects the intent of the medium density area.
So rather than separating housing
from services the proposed zoning creates
a complete neighborhood by integrating a variety of housing
types with neighborhood scale, commercial and community,
serving uses that anyone see District complements
these residential uses by allowing neighborhoods serving
commercial uses, including small restaurants personal services
and neighborhood retail These uses are intended to remain
neighborhood skill and are not designed to accommodate
large commercial structures with large parking lots and see also
allows for senior aging facilities The MRC district
provides opportunities for larger community serving
commercial uses while remaining connected
to nearby residential areas through sidewalks and trails.
Also MMR is the only zoning district
that permits recreational centers buy write directly
supporting the comprehensive plans
vision of complete neighborhoods where residents have
convenient access to shopping services, recreation
and other daily needs.
The western portion of the property
is designated low density.
The comprehensive plan describes these areas
as primarily single family neighborhoods,
with opportunities for lower density
attached housing, such as townhomes,
duplexes and patio homes.
Staff finds that the proposed R two and R three districts best
implement this vision and are one district
was not considered because it is limited to detached
single family homes on larger lots
and does not provide the flexibility
to accommodate the range of housing options encouraged
by the comprehensive plan.
The proposed are to an three districts
allow for the housing diversity envisioned by the Comprehensive
plan by supporting a mix of residential building
types and densities.
The proposed R two district maintains the low density
character and vision for this area,
while providing additional housing flexibility This
supports the strategic plan goal of supporting a broad range
of housing options, including the greater
likelihood of attainable housing The proposal supports the town's
planned transportation and trail network through an East West
Trail connection that will provide
connectivity to Roosevelt High School
and surrounding neighborhoods.
So the next criteria from the code
is number three, which the changes,
consistent with the intent of the proposed zoning district,
specifically considering the design of streets, civic space
and other open space, be the pattern, scale, and format
of buildings and sites and see the compatibility and transition
with other complementary uses and development in the vicinity
So the proposed rezoning is consistent with the intent
of the park.
Applicable zoning districts because it incorporates
planned transportation improvements
and an east west rail corridor.
B The zoning framework establishes
a logical progression of intensive d, the and C the
proposed districts provide a appropriate transitions
between Roosevelt high School, the Clearview neighborhood
the Colorado Boulevard Corridor and adjacent unincorporated Weld
County Lines.
The next criteria is that the change is necessary for at least
one of the following reasons A There has been a material change
in the character of the area or in the town generally, such
that the proposed reason is in the public interest.
B The change will serve a community need
or provide an amenity or benefit to the surrounding area.
That was not anticipated at the time of the initial zoning.
So since annexation and the surrounding area
has experienced change including the development of Roosevelt
High school, these conditions support implementation
of standard zoning districts.
The proposed rezone provides greater regulatory clarity
and improved alignment with the comprehensive plan compared to
the existing P. D designation.
Five.
The town or other agencies have the ability
to provide services or facilities that
may be necessary for anticipated uses in the proposed district
So the town of Johnstown and utility providers
have the ability to serve the subject property and service
capacity and infrastructure have evaluated
through the review process.
Six Any reasonably anticipated the negative impacts
on the area or adjacent property either mitigated
by sound planning, design, and engineering practices
or are outweighed by broader public benefits
to the surrounding community So potential impacts associated
with future development, including traffic and land use
compatibility are addressed through zoning standards
and engineering requirements.
Any remaining impacts are outweighed
by broader public benefits of the proposed
development framework.
Seven.
If owner initiated at least two thirds of the subject
property owners within the change of zone boundary
have signed the application.
So the application is owner initiated and meets
the ownership requirements Eight If owner initiated the subject
property has not been included in a reason
action in the prior 12 months.
So the subject property has not been
included in a rezoning action within the previous 12 months.
Nine.
The recommendations of any professional staff
and advisory review bodies have been considered,
so the application has gone through three technical review
cycles with towns, staff, referral agencies, utilities
and IT companies Okay.
Thanks for sticking with me through that.
So the Planning and Zoning Commission held a public hearing
on July 8th, 2026, following the public hearing and discussion
of the proposal The Commission voted unanimously 7 to 0
to recommend approval of both the zone
and preliminary plat with revisions
to the proposed zoning pattern.
So specifically the Commission recommended
changing the proposed R32R to say they're changing
the proposed m r c area to Emily and see that recommendation
would result in about a 107.6 acres of R two
and 69.44 acres of MMM c All seven commissioners
in attendance voted in favor of that recommendation
and the commissioners rationale for these recommendations was
that they believe the zoning districts would
provide a more appropriate transition
to the surrounding area.
Specifically, the Commission felt
more comfortable with the eminences zoning district
next to Roosevelt high School and the existing
residential neighborhoods as it limits commercial uses
to a neighborhood scale.
The Commission also recommended changing the proposed R three
district to R two to provide lower
density residential next to the existing residential.
So in conclusion, staff finds that the Whitehall rezone
and preliminary plat establish a logical and connected
development framework for the property The proposal
aligns with the comprehensive plan
provides clear zoning standards supports future housing
and commercial opportunities, and incorporate
plan transportation and trail connections The proposal also
meets the requirements outlined in the Land
Use and Development code.
The proposed zoning framework creates
an appropriate transition between surrounding land uses
while providing opportunities for a variety of housing types
neighborhood serving commercial uses and future community
amenities Staff recommends that town council
approve the White House filing.
Number two Preliminary plat as presented.
Staff recommends approval of the rezone with the breath,
a revision is recommended by Planning and Zoning Commission
And thank you very much.
And I'm happy to answer any questions The applicant is also
here to answer any questions.
Thank you for the long presentation,
you did a good job One question I have.
So the staff report references the East and West Trail
connection Can staff explain when the trails anticipated
to be construction and whether that will connect directly
to the high school or whether it will
connect Sorry, whether it will connect
directly to the high school?
I think that will be up to the applicant
and will be refined through a final plat application.
And for the first part of your question
which was when it will be constructed,
that will be determined when the development agreement is drafted
for the preliminary plat.
Yeah, I think if we can have something that connects
to the high school because these kids need a safe place to walk
and we don't currently have anything like that
in the community For the kids that live close by
or the parents can't afford to get them to school I mean,
I think we need to applicant can take that into consideration
that we can connect that to the high school
to give these kids some sort of a safe trail or path
to get to school because we lack those sidewalks here currently
With that, I'll open it up to council
for questions or comments.
So I'd like to see more patio homes and some over 55 and older
homes ranches versus a bunch more apartments and townhomes,
which, you know, people they insurance on some
of these multi roofed buildings are impossible to get insurance
and they're outrageous for the resident.
So I'd really press on them to really try
to bring in some patio home ranch
type style homes that are cottage
looking and cute with backyards and areas
that people can downsize a little bit
Since we built here with big yards and can't afford water
Be correct.
Thank you.
Can Council member Morris the applicant
will have a presentation and they might be able to speak
to some of the housing types.
They're considering Thank you.
Any further questions from council ?
I guess so.
The applicant has a presentation if they
want to come forward and give the presentation
Giving idea how that Perfect.
Thank you.
You, Mayor and council members.
My name is Brian Williamson.
I'm with DST Consulting Engineers.
We are the planner and engineer for the project Our Aubrey did
a great job presenting to you, so there's a lot of redundancy
in our presentation.
I'll skip over those things pretty quickly.
I want to introduce our team So myself,
Brian Williams and also Lee Lowery
from lowery Development Group.
And then I have John Sweet as well.
He's the engineer on the project unit, sir.
Any technical questions you have?
I'm a trader.
Really?
For a second and then I'll be right back Good evening.
Good evening.
Mayor Duncan and Council members.
Thank you for your time this evening.
My name is Leanne Lowery, managing
member of Whitehall Development Partners,
as well as Lowery Group.
Ryan going to have most of the nuts and bolts information
for you tonight, but I just wanted this to come up and say,
how happy you are to present this project to you tonight.
This is one of three projects that we
currently have in johnstown.
We love Johnstown It's the our concentration
in Northern Colorado.
We love your comp plan.
We follow your comp plan to implement
what you what your vision is for the town We're in.
All of our projects were long time stakeholders in everything
that we do So in various projects
we will if it's approved we will be not only property owners.
But stakeholders in the in the town for decades to come.
So we we really like it here.
And it's just it's been a pleasure We believe
that this design that we have for a while
will greatly augment the school and the site
that where the school is currently on I
think not only does it create for the town,
but we also believe it creates a community
around the new high school.
And just what an impressive new school that is.
We've had the opportunity to tour
the school with the principal and spent
almost four hours there.
And it's just such an impressive school.
I believe this will augment that very, very well Again,
I just wanted to just say a quick hello.
I'll look forward to answering your questions after an hour
after Brian speaks.
But I just wanted to take up a quick thank you as 1 2
the Planning Commission for their review and approval
definitely to town staff.
They've been great, as you can see, Ari, that was
a lot of information there.
But they've been great working with Aubrey and Planning
Director Queen director Jennifer,
and also just I can't say enough how proud we are and happy to be
able to working with this.
Our family, the current landowners,
and to be able to bring this project
forward and implement a lot of their vision,
they had for the project.
So we've been very honored to be able to do that in their trust
in us.
So i'll bring up Brian and he'll go through the nuts and bolts
Thank you OK, so project location, Highway 60 Colorado
Boulevard The project surrounds Rosebud High School Existing
around it is agricultural use The rezoning
request I'm going to kind of move
through these pretty quickly.
I think you guys have seen a fair amount of information here.
Here's the comprehensive plan.
I think I've spent a good amount of time working through that.
So western to thirds, a little bit
lower density, Eastern one third, a little bit higher
density and intensity of uses.
So the existing zoning is the PUD.
When that beauty was put in place,
there wasn't really any anticipated thought
for the future development.
It really was about getting the high school in there.
So we're electing, you know, we could do one of two tracks here.
We could amend the PUD and create standards
We reviewed the land use code.
I think the updates that have happened recently
in the land use code lend itself to a lot
of flexible development.
So we are opting to propose street zoning out here.
This is the original proposal.
So our two Four acres is on the eastern side working
as the intensity increases are three than the mixed
use neighborhood commercial.
And that mixed use regional commercial up at the top
This exhibit shows the planning Commission recommendations.
So swapping this tract see down here And you see my own?
Yeah.
OK.
This tracks down here from our 3 to our two.
We don't really have a concern about that Like as we work
through that transition of density, you know,
we envision that R two is going to be single family.
Are the tracks c which was our three before,
would be a mix of single fan blades attached and detached
So not really kind of going to those higher R
three zoning districts.
I think the intent originally was to just have that transition
on in the zoning, but I think we can accomplish what we
want to do in the R two there.
Then they change the the mixed use neighborhood
commercial is is similar here.
And then this piece up here, which
is tracks i think they're G and F
are changed from the mixed use regional commercial
to the mixed use neighborhood commercial.
We have a slate modification that we would like you
to consider and that is moving that regional commercial down
to that southeast corner of the site.
The reason that we're asking for that
is there's a specific use in that zoning district.
And I touched on a little bit which is the indoor outdoor
recreation, the mixed use neighborhood commercial has it,
but it is capped at an 8,000 square foot.
One of the thoughts is that as the high school developed
in the towers were very instrumental in getting
that project through the process and dedicating
the ground for it, they were hoping to have a facility that
could support full year round training that would help
the high school athletes and other athletes
in the in the region.
We understand that there are concerns about that zoning
district up against the existing residential that happens
on the north side of the railroad tracks
We think that moving it down here
is probably a better fit for that location
So we'd ask you guys to consider that option as you're approving.
Hopefully approving the application
to So a quick overview of the preliminary plat there.
We have the tracks that are laid out.
Those zoning colors match the original application.
We do have zoning caps on tracks,
air density caps not density, but max number
of unit caps on tracks A, B and C,
and you can see those there 175 units on tract A
that ends up being 4.6 dwelling units.
The acre maximum of 165 on track B that would be 4.9.
Dwelling needs to the acre and a max of 184.
That's eight dwelling units.
The acre on track C tracks d E f and g.
Those are a little less certain right now.
So we're not proposing any standards there
I think will be back in front of you
for a preliminary on all of those parcels
as we work through the process and kind
of understand how those mixes work better in the future.
Landscaping trails you guys had a question for Aubrey
about that, so I'd love to talk about it a little bit
So we do have complete street lights,
tree lined streets there would be built in phased
as the development goes So, you know,
we wouldn't be building streets that
are going to be empty for a substantial period of time.
We want to get those streets built
at the time of adjacent development
But, you know, we have a pond up here in the south east corner
of Tract a that would be a detention
pond in a non-potable pond.
So we would have a nonprofit system
that would run all of the outdoor irrigation
for the entire development, both serving all
of the common open spaces but also serving
the individual houses as well.
This yellow line represents kind of the regional trail that
is called out in Your Trails master plan
So it doesn't necessarily directly
connect to the high school, but we
do have plans to kind of integrate
through the track developed meant to make those connections
to the high school.
We do want to be kind of deliberate about how
we're tying the development into the high school.
We don't really want these, let's say,
porous barriers between them.
We want to have specific points of access
So we've identified one that is right up here that would come
from tract A into the the high school
And then I think all the other access points are going
to come from the South Really.
We don't want to have you know, as kids come out,
we don't want them filtering into the development.
I think we just want to have like very clear points of access
where the development interfaces with high school.
I have a little cross section here of what the swale is.
So i forget to mention that there
is an existing long tail water ditch that comes
through the property here.
This is the existing alignment of it.
We're going to really line that to kind of be a little bit more
friendly to the character of the neighborhood Also, it helps.
There's kind of some significant slopes that come from 46
down into that drainage.
So kind of moving that a little bit to the north
helps even all that out.
So there would be a trail corridor
with the gates constructed when that ditch gets realigned.
This is kind of a cross section of what that would look like.
So there would be a ten foot concrete
trail on the South side, trees on both sides.
There's a 41ft bus bottom to that swale because it does take
a substantial amount of storm drainage
as well as the water that's in the in the ditch right now.
If I were to draw that out, the trees would look super tiny
in this cross section.
So we just kind of like a abbreviated it.
But you can see, you know this is
about 20ft here on this bench.
So ten foot of trail.
And then about ten feet of landscaping that that trail is
going to kind of meander through that bench
So it's not just kind of like a street alignment there
but that kind of gives you a sense of, you know,
double that space is going to be at the bottom
of that ditch intersection.
We are we spent a lot of time talking about this
at the neighborhood meeting so I wanted to make
sure that it was included here.
The Blue Stars represent right in, right
out access points The Red Stars represent full movement assets,
access points.
I think, there's a red star on the roundabout at Roosevelt
right now at the intersection of 46 and Colorado boulevard.
We're anticipating there might be another either
a signal or a roundabout there.
We're working through that kind of as we go into final design,
these intersections that are set on 46 are kind
of at the standard intersection spacing
So you can see that we've got 660ft
to that First access point.
That's going to be a right in right out your full movement
intersections have to be that 13 20
or a quarter of a mile separation
from the major intersections.
So then you can see as we go through,
we're just kind of hitting that same rhythm of 13, 20
plus or minus a little bit and then
we will be building Roosevelt, the extension,
Roosevelt over to the east.
So that will be ready for future development.
Is that next parcel comes through infrastructure.
A water and sewer service would be provided by the town.
The developer will build the infrastructure dedicate
to the town just like all the other developments will have
a non portable water system that serves
the open space and the lots.
That non-potable system is proposed
to be operated by a metropolitan district
just so there's some security about how that operates
Neighborhood compatibility We talked a little bit about you
know, what's appropriate against the existing residential.
So there are 30 foot require landscape
buffers from all arterials.
And then there's density transitions and setbacks.
So we kind of worked the density transitions through that zoning,
but as well there are setbacks that are used,
determined setbacks that would happen at the time
of individual sightline.
So between residential and commercial,
between commercial and industrial,
between independent uses that are conflicting,
your land use code does a great job of just describe
what those buffers need to be Construction and bathing.
So we will phase the development.
So we're not going to build everything at first.
And you know but there'll be critical infrastructure
that needs to be built in.
We'll work we're starting to work on the final plat
and construct construction drawings,
and those will include the phasing.
So each piece will be you know, as the first piece comes in,
there'll be supporting infrastructure that that serves
that everything that's required They're
going to be based, developed, based
on market demands and timing.
So we don't have like we're not breaking ground
like in a certain time And then but we do think, you know,
it's possible.
We would be starting construction,
probably in in the summer of 2027
schedule next steps we did have neighborhood
meeting on May 12th.
As I mentioned, we had the planning commission a couple
of weeks ago on July 8th.
We're here today, July 20, which is the town board hearing.
And then we'll be making a final plat submittal shortly
after this hearing And I'm here to answer
any questions you might have about the development.
Lee and John are also available if you guys have questions
that I can't answer.
Thank you.
Covered a lot of the nuts and bolts, as Lee put it.
So the answer my question to the trails
because I know it's very important to the community
I don't have any further questions I'll kick it over
to council for any questions Do you know
which plat you'll do first?
It's anticipated that the single family
will probably happen first.
The upper left?
Yeah, probably a or A or B, I mean, probably.
I think a there's some things that happened
with on a like the nine part system
that really make that required at the beginning
you could develop a nonpartisan them and not the rest of GI
tract A but right now it looks like tract eight would probably
be we would start kind of on the east the northeast ways
and move to the west.
Yeah.
OK.
Thank you So as far as that phasing is concerned.
Then, because you said that you wouldn't necessarily
make all of those improvements to roadways
and you would clearly have to make that extension Are you
saying you just wouldn't implement the north south roads
then through cD any correct.
Yeah Yeah.
You know, yeah, the Roosevelt extension would have to go
through right There would need to be some other second point
of access that would come up to tract
a whether that's an emergency access easement or a 4th Street.
I think we're still working through kind of what
those phasing details would look like I think that, you know,
there's a possibility that there's
some synergy between tract A and tract B
and maybe some of that stuff gets built in kind
of a consecutive phase Thanks.
What's feeding that pond?
Is it a spring over there, or just does it.
Keep pretty good levels of water because it's
not exactly by the swale that you're mentioning?
No.
So that would be fed with raw water.
That's currently be used for irrigation
on the site so the egg water that's being used there.
OK.
Thank you Any further questions from Council?
Mr. All right.
Thank you.
With that will go ahead and open up public comment for anybody
who's for against the application
This is your time to come up and speak
Would anybody like to speak for or against the application
or All right.
Nothing heard.
We have anything online, Megan?
No comments online.
Thank you Before we close out the public hearing,
would Council like to take any further deliberation
on these this resolution and ordinance before us
tonight All right.
Nothing her with that.
We'll go ahead and close up.
You got some yourselves, Mr. Mayor.
May I make one ask one question of the applicant in case
you all decide to go with their revised proposal
I'm reading it just for purposes of the motion.
If the council decides to go with your proposed revisions
that tract G and F would change to Amu and c tract E
would be new.
R C and tract C would be are two.
That's correct.
OK.
Thank you so that's the approval with conditions
is what you're asking for to bring
that commercial down, correct?
Yeah.
I think there's the initial application.
There's the conditions that were set by the Planning Commission
and then we kind of have given you a Third option
Any further questions for we close out the public hearing
All right.
We're going to close out the public hearing of a I'll
go ahead and ask the pleasure of the Council of resolution number
2026 dash three five Five 2952 I move to approve ordinance
So I move to approve orton's 2026 DoorDash 35 for the White
tail filing number to preliminary plat
as presented Second motion by Councilmember
Berg, seconded by Council.
Merman's is going to put it to electronic vote.
Please I have a motion carries with that clerk.
Can I have you read the ordinance title for 70 audience
number 2020 6-2 94 Approving the rezoning of real property known
as White House Subdivision and filing number two located
on the East have at the southwest corner and south east
corner of Section 12 Township four north Range 68 west
of the six principal meridian town of Johnstown county, well,
state of Colorado consisting of approximately 163.39 acres from
planned unit development mixed use puti at Amu to mixed density
neighborhood are two high density neighborhood
are three mixed use neighborhood commercial m u c and mixed use.
Regional commercial m u r c And if I could just before you all
deliberate and decide how to vote
just for clarity of the record.
So the ordinance that was presented
reflects the initial application by the applicant for planning
and Zoning Commission recommended
a modification and the applicant can is now
proposed the third alternative of which I
believe is a compromise.
So you may just consider that if you're going to move to approve
the ordinance as presented, it's going
to be the original application Or if you
want that ordinance amended somehow, just let us know.
And then we can Amanda for a second reading OK.
You go in as opposed to council Mr. Mayor,
I move to approve ordinance number 2026
to 95 to White House filing.
Number two, rezone with the following conditions as
stated in the recommendations as presented by the developer
today.
Second motion by Councilmember burke,
seconded by Councilmember Come, put it
to vote, please Ayes have it.
Motion carries with that we'll go ahead and open our next
public hearing ordinance 2020 6-295 An ordinance establish
a temporary moratorium on the data center facilities
in the town of Johnson And I'm going
to ask for a staff report Good evening, Mayor and council.
Hope we're all doing well this evening.
Before you do have ordinance number 2026 dash 295.
The result of the work session that we conducted with the town
council staff conduct with the town council
to actually discuss data centers and begin
the educational and informational process
related there to the moratorium that is presented to you.
I would establish a 12 month moratorium piggybacking
on the committee that was established we would utilize
the committee together for information or staff would be
providing them with information to evaluate the alternatives
related to a data center I would note that once a policy is
established, whether that is to establish form
or a full prohibition on related to data
centers or something that does permit data centers at that time
in the 12 month moratorium would cease to exist if, for whatever
reason that committee desires to collect additional information.
And that goes beyond the 12 month period,
we would bring something back that would continue to extend
that moratorium until a date certain or until the committee
actually is completed Staff does recommend approval of Ordinance
2020 6-2 95 as presented on first reading
Happy to answer any questions you
might have I'm only questions.
I think we've hammered is pretty hard in the working
meeting and I in support of the one year moratorium.
But I'll open it up to Council for deliberations or questions
you may have for Matt Matt, does the year
start after second reading?
Yes.
So actually the year would start after the effective date,
which is Seven days after the second reading.
So that would be roughly August 10th.
Sounds about right.
Thank you.
You Any other council comments or questions other All right.
With that, we'll go ahead and open public comment.
We'll start off with Angela Swanson Good evening, Mayor.
Council members and staff, Thank you for the opportunity
to speak tonight.
While data centers can drive economic investment,
even mid-scale facilities bring profound, complex challenges
that need rigorous local oversight
This type of development risks straining
our city's resources and land.
So I believe it is in john's town's best interest
to put in place a lengthy moratorium or even a ban.
So our city leaders can do the work
and research including following up on what's happening.
And other cities that have already adopted
these across the nation.
While the moratorium provides necessary time for research,
it could also include establishing long, robust zoning
and protections to put an actual center in place
So I guess my primary concern is the potential for the moratorium
to end prematurely, and the public not fully be
aware due to all the time that has passed specifically,
I'm wondering what public notice and hearing standards
will apply if that occurs.
Will local hearing notification remain
standard to our already set rule of ten days prior to a hearing ?
Or will we make more of an effort to ensure the public has
the genuine seat at the table?
Obviously, some of these questions
have been answered tonight because I do believe the step
to form the advisory committee would be helpful,
but only in gathering that large of a body of research.
Because when it comes to voting, the actual decisions
are made at the hearings by the governing body in place.
I've been in my own neighborhood meeting
where everyone in attendance was against something
and the motion passed anyway I'm not insinuating that this is how
it always goes, but this has been what I've experienced
and it was very discouraged Judging as far
as influence and advocacy goes.
Ultimately I'd like to see our notification
practices on larger decisions like this
improved to be beyond standard.
I believe current practices leave residents
to be the ones to that must actively monitor how
this situation unfolds especially
over the period of a year A thorough review
process through a moratorium is a necessary and honorable
first step.
But staying informed and engaged is the next and much harder
step for our community at this point.
I guess my message switches over to my fellow residents
in that regardless of serving on tonight's proposed committee
or not, we all have to stay vigilant,
keep each other in the loop and i ask that we dig really, really
deep when it comes to using our collective resources and skills
to keep tabs on what happens next going forward So
thank you Thank you.
Thank you We have Suzanne and Black next, please Hello.
Thank you for letting me speak.
I hadn't really planned on saying anything.
I've lived in Johnstone for 29 years.
Lots of changes in that time.
I've raised children here, but things
that I've noticed in the last few years
are very concerning to me.
Regarding town government and most recently this issue
that's at hand.
But I wanted to personally ask if anybody on this committee
has personally signed any NDA or any agreement,
any private communication, such as meetings,
phone calls, private messages, emails with any developer
company landowner, land owner or representative
regarding any current or potential project.
The good affect the town of John's town
or surrounding areas in any negative way.
No Nobody going to mention anything.
OK.
All right.
I just The mayor ran on transparency
and I don't feel like that always happens.
So I just wanted to make that clear
that those are things that we are very concerned about.
Thank you.
Next up is Dana Karcher.
Rodger So, sure, if I say that correctly Mayor, Mayor Pro
Tem Council members and staff.
My name is Dana Karcher I live at 6 to 3.
Charlotte Street in regards to the ordinance
before you tonight I believe it is
really disrespectful to the citizens of Johnstown.
And it's timing and wording and this is something
that I've witnessed before is a disrespect towards the citizens
who are out here talking about something that they do not want
to develop, an ordinance that would change
the very face of our community based on the fact
that as soon as the fact finding is done,
something could be rushed through Now,
this may change with this committee idea,
but the fact of the matter is this is not one year,
this is what gets done first.
And we need to quit saying it's one year.
It needs to be One year or longer.
So the wording town attorney is incorrect.
Also, it's very loose and we could be sued on that.
Or you could be sued on that very easily.
We all know that Councilman bashford has said publicly
that he is against any ordinance that brings up a moratorium
for anything in this community.
We haven't even heard what the community thinks yet about this.
So I believe it's disrespect for.
I'd like to see it reworded so that it actually
says one year and beyond.
So that we can actually find out what this is
going to do to our community.
Thank you Thank you Pauline, can have you come up.
I'm not going to try to say your last name
because I butchered every time out of respect
Pauline Emilio Migliore.
337.
Granite Way I urge the Council to approve
the ordinance for the moratorium and here's why.
Johnstown is a distinctive community,
and we, the people who call it home possess
immense pride in our town.
We celebrate our pride are proud to agricultural heritage.
It's welcoming family friendly atmosphere and local values.
Johnstown abounds with beautiful repair
and areas open, spacious and vistas of the front range.
It's a natural canvas that sets the town
apart and invites people to slow down
and take it all in open space.
TrailHeads rest areas along the trails, parks
create creekside areas.
The johnstown Reservoir, our present natural opportunities
where residents go to recharge recreate
and connect with the landscape.
We love.
The guiding principles of community
centeredness inclusivity, accessibility
engagement, partnership.
Collaboration and all of that good stuff
is why i made Johnstown my home for the past ten years.
So do these sound familiar?
They're all direct quotes from the Johnstown Public Art Plain
as you hear from citizens.
This evening during the ordinance And yourselves.
Ask yourselves, how can you logically square
the careful work of the steering committee town staff, council,
seated at the time of stakeholder interviews focus
groups, community engagement, pop ups, community service
steering committee workshops mapping charrette, and to town
council sessions for a public arts program with a plan
apparently developed outside Johnstown Charter
Authority other words, help us understand
why seeking community input for a public art plan
requires Herculean effort.
And this ordinance does not I urge you to approve
the current ordinance, and I applaud the advice re committee
being suggested tonight because it seems to me it's long overdue
and a reaction to the feedback council
has received recently rather than intentional planning.
So please approve this.
Get this committee seated and listen
to the citizens of Johnstown.
Regardless of what your preconceived desires are.
Thank you.
Thank you Next up is Lisa Lang Thank you for having me, Mayor.
Council and staff, town attorney I have something written down,
but I was thinking as I was driving to this meeting
a long time ago when I got here how beautiful the land is here
and how I'm driving through it is so soothing
that the the farms, the ranches, the little farm homes, the small
coming through town and to miles an hour,
you know, just the whole feeling of slowing down and taking
a breath and enjoying the beauty that most of Colorado
wishes they had.
And they don't What we do here in Johnstown
about data centers matters.
This decision is bigger than just us These decisions are
for our families, our children, our grandkids
And they also may have serious impacts on surrounding cities
and townships in our area along the Front Range
But just because big tech is in a race
for dominance control and big money
doesn't mean that we're in that race.
It's our responsibility to make choices that are best for us
here in Johnstown and for our community
There's time This will not be a one time only decision
but will have lasting effects that may that we may or may not
get a second chance to get right I do support a one year to 18
month moratorium on any data center consideration
and/or for as long as it takes for us to know, understand,
and decide if data centers are right for us
Time to create safeguards for our residents,
for the power grid for our water resources our air quality.
The noise alone would make anyone
think more on the subject.
We want to breathe clean air.
We want to drink clean water We want to look at the stars.
We want to enjoy Colorado for the beautiful state that it is.
Perhaps these data centers need to be tested.
Reviewed.
Researched.
They may need to evolve into something that makes more sense
or has less negative impacts on our environment.
You know, flying cars don't make any
more sense today than they did in The Jetsons
cartoons in the 1960s.
The government literally tested the atomic bomb in Alamogordo,
New Mexico So that doesn't make any sense either.
The point is, we do not have to rush to a decision that may take
forever that may forever change the landscape of our countryside
and our lifestyle.
I believe such decisions should be made
by the people in our community.
This is not a one man show.
I thought you respect the council.
The mayor have been elected by this community
and are expected to be representatives
of all your constituents and cities represent us.
Put it to a vote to the Johnstone community.
Let us have a choice in our future.
And I do appreciate the comments and the resolution of bringing
up a committee of residents.
I'm not sure how that's going to look
in the future I'm not sure how you're going to select people.
I don't know if that's going to weed out or weed in biases.
If we say we're for or against it,
does that mean, we're out or in or whatever?
I think that's an issue that probably needs
to be thought about before any kind of PowerPoints
or talking points.
Who's going to be elected or who's going to be select
voted to be on that committee.
And I hope that the committee is is gets along and is able to get
the information that we need.
I think that we need to look at the data centers that
are already underway that are built and that are functioning
and see what the impact of the community you know impact
of the centers have on the community
And you brought up earlier Councilwoman Morris
about the lawsuit, that lawsuit for 233,
Bill in gallons of of water from the Imperial Valley,
which the imperial Valley in California
only received its water from the Colorado River.
So this data center is One of the largest.
It will be the largest in California.
And yet, if it's built in the Imperial valley,
it has now filed a lawsuit demanding access
to 233 million gallons of water from the Colorado River
Do we want to be those townships or the cities that are being
attacked and lawsuits filed against us
for the same situation Thank you for your time.
Thank you, Lisa All right.
With that, do we have any online public comment?
Milton, can you do you have one online public comment?
Let me put up One moment Comment was received from Jessica frey.
132 Jennings Lane and Johnstown According to his comments
on Next Door, a post about Johnstown and data
centers Nick Bashford has already decided he
will vote no on the moratorium.
To quote him directly, I have a lot of experience
in all of this, enough to advise on smart policy.
I hope the rest of council and the Mayor
will listen to the people of Johnstown and their concerns.
First.
At the work session last week, no one from the council or town
staff could say whether the water needed for cooling
has to be portable.
When asked whether there was data on the number of gallons
needed for a closed loop system, the town staff
explained they could not find sources
they felt were factual enough to include them
in their presentation and so that information
wasn't provided by them.
This is likely due to the Nda's municipality is required to sign
as a condition of bringing datacentres to their communities
which severely limits what's publicly
known about these facilities.
Impact on water supplies and power
grids It should concern everyone that these companies require
an NDA to keep that information private and the town staff
decide.
Despite significant research, still could not
find it for the work session.
What's before you tonight is a request that the town do
its due diligence and gather all available factual information
before making a decision that will affect the community.
Passing a moratorium.
Given this body's responsibilities to
the community, Fiduciary yes.
But also public welfare and civic stewardship.
I hope and expect that proper time will be given to ensure
our community and the citizens who elected you are protected
and that a quick decision isn't made without proper vetting.
Thank you for your time.
Thank you.
With that will go and close out public comment before we
close out the public hearing.
This council want to deliberate further.
Actually, I want to know if we can change the motion
to include it to be one year.
And when she said beyond So how about we say
1 to 2 years until we have the answers from the committee
you suggested?
Can we change that to where that's on there?
If you read it carefully in Section three,
what it says is 12 months, unless you adopt,
decide you want to adopt standards
ahead of time which you can do.
If not, it's 12 months.
And then it says the town council reserves the right
to extend the moratorium if the town council determines
at its discretion that additional time
time is required to complete the regulatory process.
So we could certainly change this to 18 months.
If you want.
But right now as it is 12 months,
you will still have the opportunity in 11.5, 12 months
to extend this if you want.
This isn't foreclosing a longer moratorium.
So you do whatever direction you all want to go Thank you.
Obviously, the language already supports if we want
to come back and extend it out.
Perfect Anything further from council?
No nothing further on this topic.
I do want to bring up one of the comments,
and I can only speak for myself.
I was brought up.
Did anybody you know, I can say emphatically no that I am not
on in the contract paid supported by have anything
to any developer or any business that's
moving to Johnston Somebody stole the words out of my mouth.
Those part of my closing comments
So I go on the record to there's no NDA out there.
There's no secret contract, there's no conspiracy theory,
there's no application before the town.
Sometimes as a leader you have to be forward thinking You know,
that's kind of the hard part.
Being a mayor, period.
You got to look 30 years ahead.
And how we're going to keep this town protected along with
grow smart growth.
So, you know, I want to record there's nothing before us
tonight and there's no NDA that I've signed or seen or allegedly
signed So you're welcome with that Anything further
from council?
I'll also add myself to that list.
And that I have not talked to any developers
about data centers at all either I'll follow up.
I have not sign anything I don't get Anti Kickback for anything.
Look at my bank statement.
It's pretty sad.
Yes yes, yes.
Well, I mean, being the mayor's a tough gig.
We get 185 bucks to work in meetings.
So it's not a I call it my a part time full time job.
You know, it takes a lot of peer to answer a lot of citizens
questions And I may not get it right every time
but at least try to make myself available to hear everybody
out and give some kind of outlet to give you guys a voice back,
you know, because when we started transpo RNC up here,
you know online public comment wasn't read.
You had three minutes to speak.
Now you have five.
An online public comment is here.
And if I can answer your questions or get them answered,
I'll get them answered here.
I may not get it the first time here.
Maybe some follow up or follow through.
But hey, so minimum stay on top of me
because I get a lot of emails.
I answer a lot of people back and folks who mailed in that
were against the data center.
I took the time to email each and every one of you back,
and if I missed you I apologize.
But I get a lot of emails So it's a it's a tough job up here.
Sometimes, but sometimes you got to be the good guy,
the bad guy or the neutral guy because, you know,
I'm representing 20,000 residents up here So I got
to I got to work for everyone.
Everyone's my boss here, whether you know it or not.
So thank you, Dave.
You know I worked for a lot more people than everyone,
so I work for everyone You know Yeah.
How about we just keep the conjecture down a little bit.
And let's Let's keep it.
Let's keep it even flush with everybody.
I think we've respected you interrupt.
You've had your cell phone back for an extended period.
Well, that's fine.
That's my time up here as a mayor.
You're welcome to run for a city council or town council whatever
you find your time to serve best up here and give your ideas
and your conjecture We have elections in 2028,
so you're welcome to come forward and put your put
your name and face out there and tell us what you're about
and represent your community.
We recommend that come forward.
I like to see more participants in the community step forward.
Hey, when i got into this business, I never
been a politician.
I was a military guy for 20 years.
And folks who they need a little bit of change.
But you know what?
I'm gonna go throw my hat in the ring
and, hey, you can call it ugly.
Good bad, ugly.
You got to have tough skin up here.
We're not going to get everything right tonight.
But I think we've listened to the citizens
and we got an ordinance before us to really do some research
and dig into this and give you guys voice back.
And I think that's what's the most important piece tonight.
So with that, I'll go to ask if there's anything
further from the council for I close out the public hearing
on All right.
Nothing further.
I'm going to go ahead and close out the public hearing
and I'll go ahead and make the motion to adopt ordinance number
2020 6-295 on first reading, Establishing a temporary
moratorium on the data center facilities in the town
of Johnstown, which prohibits the town from accepting
applications, are engaging in precedent or activities for data
center facilities for a period of 12 months from an effective
date of the ordinance.
Second motion by myself seconded by Council member Morris
was go and put it to electronic.
OK So in the read ordinance title, first, Thank you, Mayor.
You know, to myself Ordinance number 2020 6-295.
An ordinance establishing a temporary moratorium
on data center facilities in the town of Johnstown.
Thank you.
With that, I'll go ahead and put the electronic vote
I thought the ayes have it motion carries.
Thank you, everybody, for coming out tonight.
With that, we're going to move into council comments.
I'll go and start off with council member means is
i think my group chief Oglesby where are we with the weed
mitigation ordinance that we passed or have we been issuing
citation and No, but we have.
We did turn your Mike on Sorry.
That's okay.
Yeah They've been working very hard on the weed situation.
But I can't give you a direct number right now.
OK Because obviously, with the drought weeds,
weeds, love drought.
I wish grass, love, drought but weeds love drought.
OK I know.
I'm going back to a topic that nobody wants to talk about,
but have any matt or Mitzi have any of the maintenance
repair items that we brought up to Dr. Coker on our 622 meeting.
Been fixed or have they presented bids to repair
the things that were shown?
Because Dr. Coker indicated that he would look into it right away
Mayor and council I'd have not received nine communication
regarding that, but I will check into that this week
and let me know at the end of the week Also,
Mr. Levinson mentioned that the to her 2025 audit of the why
was delayed due to the vacation of the auditor,
and he said that it would be forthcoming after he returned
from he or she returned from vacation
So it's been almost a month.
Do we have the audit marion Council We have not received
the audit at this time.
And I notice that the June financials
are not in the packet.
So we have not received those as well from the mayor and council.
Those were received on Friday some time, maybe.
I don't recall exactly what time,
but the packet was already distributed on Thursday
as it normally is Right.
OK Councilmember Morris you have mentioned many times
that your role on the board of the YMCA
is to improve the communication between the town and the Y.
So i would like to ask if it would be possible for you
to give us a report, a monthly report from the board meetings
and what's happening.
And I think it's it's important that we have
this line of communication, but we haven't heard from you
since you've been on the board of what goes on
in their meetings and Well, I have mentioned at least once,
but we had some meetings that were canceled.
And then I recently aligned with Brittany since she's taken over
and she's going to be giving me reports
every month so that I can do it.
I was suggesting on the second meeting of the month,
we did not have one in the last month because of barbecue days.
So that is so coming.
What do they what do they they meet
the first Friday of every month, first Friday at 730
in the morning.
And so did they not meet in July either on that?
Is that the one that I did not go to?
Yeah, I did not go to that one.
I had staff in or family in town and we were
preparing for barbecue days.
So I did not barbecue days is in June.
I'm asking about July.
Oh, June, July seven.
But it just be a similar report that any other like the library
board submits their meeting minutes
Could we just ask that the YMCA would submit that same data?
I'm fine with that.
I just mean, if we are really trying
to improve our communicate and I think it's important to know
what the board is discussing.
I mean, I come with my behavioral health.
I mean, we don't meet, we meet quarterly.
So it's, you know, it's not a monthly situation
but I think it's important for all of us that serve on a board
to bring that to council.
So that we know what's happening And I just would, you know,
I know the is a hot topic right now.
And I think that it's important for us
to keep the line of communication open
and know what's going on there.
And then they know what's going on here.
I agree.
And I've asked in the past from Pat
and I think just the transition between Pat and Britney
and all the time last summer that there were cancellations
of meetings because of staff being on vacation
and then also the whole entire topic of the why
has kind of been in front of us.
So I didn't think they had anything specific extra
that they needed to discuss.
But I have already put that in place.
And she's going to be getting me a report every month.
And then it'll be I'll, I'll talk
about it at my council meetings on the second meeting
of the month.
Okay That's great.
Thank you.
That's all I have.
Thank you, Mayor.
Councilmember Burke.
Nothing's reported this time Cast member Morris.
So I just wanted to thank everybody for coming out
and for the passion that you have for this town and the love
that you have for this town and everything that you've said.
I know that there was a lot of outbursts of happiness and joy
for some comments and i understand that.
And it it's when you really are passionate about something,
it's hard to not let that out.
So I do want to thank everybody and for that
as well And we're going to be studying this with these folks.
And hopefully learning more.
All of us.
And then I wanted to ask why we're
here about the why I'm not sure if it's Matt that I ask you.
Can you really permission for the YMCA
to be able to talk to the auditor
since they have agreed to pay for half of the audit.
So they can discuss the numbers that were incorrect?
So we can get this finalized?
I know that they did meet Mitzi and the CFO
and they were wanting to try to get that negotiated and there
was I asked about the question, speaking of the information
from the way i did end up asking him
if they figured out what the number was Because if we
remember correctly when they came before us marks that there
was an exact number on this spreadsheet
out to the dollars and cents that had
to be wrong because you can't come
up with that same exact number.
So I think that for all intents and see that we be
able to let them talk to them.
So that they can question and figure out what
it is that might be missing or that might be in error.
So we can come to a final dollar amount.
And get this put behind us Is that possible So Mayor
and council the full funds of 35,000 associated
with the audit have been fully expended There is no more money.
So if I if they want to talk to the auditors
they would need to engage contractually with i Bailey
to continue that process So they're not.
So they're the auditors are not allowed
to talk to them about mistakes or not mistakes
that they made in the audit.
So so the hours allocated for that contract have been expended
probably above and beyond that isn't to say that they probably
couldn't talk to the auditors but they
would need to go under contract themselves
to actually have to pay for it.
Bailey To continue services, if that was something I'd.
Bailey wanted to continue forward with, OK Brittany,
can you pass that information along?
OK I just was curious why they cannot if they truly made
a mistake you think you'd be able
to ask someone about that mistake
without having to pay for it?
That that's just my you know, being naive about an audit.
I've never been audited.
So that was an exit for me.
And then we also have the upcoming course of my brain
just went completely blank.
But upcoming neighborhood night out
with the Y and tPR and the town is going to be involved in that
still.
What date is that ?
Friday night at Nelsen Park.
Thank you.
You Thank you.
Councilmember Morris.
Councilmember Bashford I have a couple topics for tonight
First, we're going to talk about the letter
that never reached us Mayor, fellow council members
and neighbors At our last meeting
I told you nearly every concern that
was raised in 2017 about our way and see a partnership
has come true.
And I quoted it from the record to show it tonight.
I want to tell you about one document from that record
that most of this council has never seen I want to tell you
about it because the way it was handled then
is the same problem we're living with now at 1047 on the night
of March fifth, 2017 15 days before this council selected
the YMCA, a detailed written warning
arrived in a former council member, Gary Leib Sachs inbox.
It came from former employees and members
of the YMCA of Boulder Valley, and it was not a rant.
It was specific It described an organization carrying roughly
$800,000 in debt, talked about nepotism,
and described a culture where leadership reported
in their words, quote, favorable numbers while, quote,
only a select few have regular eyes on the core fiscal reports
Five minutes later, that same anonymous
sender sent it to former council member Troy Mallon.
And that's where it appears to have stopped.
Two of the seven members of the council received that warning.
That letter never appears in the March 20th 2017 council packet.
It's never mentioned in the minutes in the files
I've reviewed.
There's no email.
The former mayor Scott James knob forward
to staff no reply, no discussion and no verification
15 days later, council voted to enter a partnership
with that organization and it's possible
that three of the four members casting that vote
had no idea the wording existed It's important to note
that former council member Loebsack voted yes,
while former council member Mellen recused I want
to be careful and fair here.
I can't prove that no one ever mentioned
it in the hallway conversation.
I can only tell you what the record shows which
is that a written specific firsthand warning
about our partner fiscal transparency reached the council
and evaporated before it could inform the decision.
And I would ask you to sit with that.
With what that letter predicted.
Favorable numbers, few eyes.
The total difference between the town YMCA
and his numbers is $211,546.62.
The people that wrote that letter in 2017
were not making up stories They were witnesses.
And here is why that is not just history The failure in 2017
was not that.
No one no knew Someone always knows the failure was
that our institution had no way to make sure that what one
member, Neil all members, Neil and colleagues
I would gently ask you are we confident that
has changed when fiscal discrepancies surfaced today?
Does every member of this council
see them at the same time in the same form
in the packet on the record?
Or it is critical information about this partnership
Still travel person to person arriving
at some desks and not others shaping
some votes and not others.
Tonight I have a few asks First, a standing policy
that any communication to any council member concerning a town
contract or a vendor or a proposed contract
or a vendor, whether it arrives by email, letter or handshake
is logged and distributed to the full council
and included in the record before any vote
regarding the contract or a vendor redacting
any personal information.
If the sender wishes to be anonymous Matt Naveh,
could you please draft something up for council
to discuss at another meeting Might ensure
I'm following the direction.
Are you at four for clarity?
What you're asking for is every communication
that we have with an outside vendor
that we have a contract with that we communicate
the discussions that we have with those vendors with council
as well.
I'm saying if it's possible something that a council member
received that it shared with the rest of council,
if it could have anything to do with a vote that could be
upcoming, it would be difficult in the sense
that you're asking staff to start going through all council
member emails.
I mean perhaps you will want to discuss
a policy among yourselves were if you want to forward it
to staff, we can distribute it Could there
be some kind of maybe if it's not possible to have a policy,
could it be something that the Council agrees that all of us
would be, you know, willing to forward on to everybody.
So that a situation like this doesn't happen again?
Do you mind if I ask a question?
Sure.
So i know that we've gotten letters that
have went into our junk mail.
I found in a letter from a resident in my junk mail.
How do you know that Mayor Loebsack or Mayor Pro
Tem or Troy Mullen how do you know
they even got those letters?
Because it was in their inbox So they at least in the it
was in or in the junk they at least
received it in their email Yeah, but that's what I'm saying.
I've gotten we got all of the council members
got a letter from a fake person and i did not
see it until I was asked by someone else,
Did you see the email?
And I said, No, I never got it.
And then i went in my junk and found it So some sometimes
your junk delete stuff.
If you don't go in there fast enough.
Right.
Isn't it set up like that So I'm just curious
because I on the policy.
I don't know how that works, but I know that all of council
at least got that community.
Jason Well, that's why it was available for all of council.
People should write council at Johnstown Coker
and it goes to every single person
So it i don't know how to keep stuff out of the junk,
but I'm just saying I don't know how you can say that.
They saw it because you don't really have proof of that.
And that seems and they're not here to defend themselves.
I didn't I said that at least two inboxes got it.
I didn't say they got it.
And they that's what I meant.
I didn't say that.
That's what I'm asking.
What if they never saw it?
I mean, it's alluding to that, again,
that something was not that was shady
when we don't know that, again, that's
okay That's all I'm saying.
That's all my question was, if I could add a small point
to theirs, as you all very well Now,
I believe there's a difference between a quasi judicial and
legislative actions and citizens are certainly
allowed to reach out when it comes to more
of a legislative type of decision, which this probably
was at that point So I'm not sure whether that here nor there
as to your request, I think if council wants
to make a decision to share all their emails they certainly can.
If you decide to do that rather than start replying
all and the potential to create a meeting,
you could for them if you got an individual email,
you could forward it to Matt or Megan However, the protocol gets
established and asked that that be added to a packet.
If you get an individual email and you
wanted that into a packet, that could be done.
I would like to formally request my email be deleted completely.
I don't want to go through all those emails.
I'm just saying I'd rather not get any,
but i put my number out there multiple times on the breeze.
Add on one ad that was on there, I
would rather someone call and talk to me about any issues.
We got so many emails regarding this topic.
It is a lot.
So not that we don't read them, but to try to reply to everybody
and then if things go in the junk
and we don't get back to Bobby Sue,
then Bobby sue thinks we ignored her.
When we did not.
It was in junk and it possibly got deleted.
That's all I'm saying So I don't know how you're
thinking this might work, but.
OK, that's all.
I'll bring something up at a different time than about it.
I just.
Let's find out.
But second, I would like to ask now that the 2017 letter has
surfaced that it be formally entered
into the record of this council Nine years late.
So that's finally where it should have been transferred
Parent The people who wrote the letter signed it
as former employees and members of the why,
they had nothing to gain.
They wrote to a small town that they had never
lived in because they believed we deserved to decide
with our eyes open to people possible We opened
and read that email tonight.
We can finally finished delivering it.
And I also want to make a pledge tonight that letter surfaced
online a few weeks ago.
And while some dismissed it as a disgruntled employee
I saw it as someone who cared enough to speak up.
They chose to stay anonymous.
And I understand why coming forward is never easy
no matter where you work Strong organizations
welcome honest feedback.
That's true of the best towns, the best companies
and the best partnerships.
So tonight, I want anyone connected
to the town of Johnstown through any of its contractors
or vendors to know this.
If you ever have information you believe should be heard,
I'm here to listen.
I will help protect your identity.
If that is your concern.
Speaking up in good faith should never come at a personal cost
And hey, anyone out there who has already faced retaliation
for speaking up, I'm sorry that happen
And I know where you're coming from.
Stay strong and keep up the good fight because you will prevail.
And I'm glad I listened when concerns were
raised about the rec center, because listening
is how we get better.
That is my commitment to anyone out there weighing
whether to come forward.
My door is open I will listen and I
will help in any way I can.
I'm not making a motion tonight I will be submitting it
in writing and I am asking that it be placed on the August 3rd
agenda under new business A motion to amend our june 22nd
direction by striking the clause asking
the town to work to amend the damage
and reputation of the YMCA.
And let me be clear about what my ask is.
The partnership continues the direction to staff to negotiate
continues.
The 90 day cap is untouched and it does not leave a silent
about how people are treated because the amendment replaces
that clause with a directive that public communication
regarding our operating partner be factually
accurate and consistent with our audited financial reporting
and that town staff and YMCA employees be
treated with respect and professionalism
in every public forum.
What changes is one thing this council would stop officially
certifying without a hearing and without a finding
that the concerns raised about this partner
were false because as this 2017 letter shows,
concerns about the organization existed long before anyone
in Johnstown ever raised them.
And some of what we were told was
false has since been confirmed by our own audit You will
each have the full text in their packet
after I send it to RB for review with time
to read it before you're asked to vote.
And that is the standard that i'm asking the Council to adopt
And then I want to explain tonight.
Why I voted no on the moratorium Everyone who has concerns
tonight, they are valid concerns.
However each one of those could be addressed in smart policy.
Each one is measurable limits can be set with strict policies
for failing to adhere to those policies.
Policy can be written that protects the town.
The resident and the way of life that we all
enjoy Oh, my mind is not made up on what
needs to exist in the policy.
My mind is made only made up that we
need a policy over what we have now and that is nothing.
I ran on conservative beliefs.
I believe in small government I believe that government should
set guardrails to make sure everyone's playing fairly
and that the town and resident are protected.
But I am not a fan of overreaching regulations
and saying, no, even pausing is government overreach no matter
what the topic is I believe the council can protect
the town by creating good policy and some policies
need to be continuously updated Second,
it's council's job to have open eyes, open ears and open hearts.
Anyone who runs for council should
love where they live and want what's best
for our town over themselves.
They should be impartial.
Look at the facts and make fair judgments
and absolutely explain why they voted the way they did Council
only works if there is trust transparency and accountable
city No one person can push something through It
takes a majority vote and that's why there's seven of us.
Good members of council are lifelong learners They do
their homework by researching and investigating all aspects
of a particular topic as best as they can Each council member
represents all 22,000 residents, not just the residents that we
want to represent I can't speak for everyone,
but it's not always an easy job to do for myself.
I read every email.
I'm active on social media I give full attention
to every public comment.
So I'm listening I'm researching.
And I spend a ton of time on this because I care.
Some of us up here have kids and even grandkids and we all
want to leave something great to them.
The goal is to make Johnstown the place they
want to live when they grow up.
The ultimate goal is to make anyone who wants to live here
be able to live here and truly believe
that Johnstown is the community that cares nothing further.
Thank you, Mayor Pro Tem.
You know report tonight.
Thank you Thank you.
Mayor Pro tem.
Yeah, I before I jump into my speech,
Commissioner always be can we get with Mr. York
and see how we can fix that radar
problem that he brought up?
And also, if we can get a, you know, a big scare crowed Mr.
York, because he's a big guy.
I've never seen in person before.
And maybe to scare those weeds away,
I think that would be great But thank you for the comments
and bringing that to us tonight I really appreciate that.
All right.
With that, before we adjourn, I like
to leave everyone with one final thought tonight
We heard different perspective.
And that's the very nature of a representative government
government.
Our responsibility as elected officials
is not to chase every opinion or every moment,
but to listen respectfully, deliberate, thoughtfully make
decisions.
We believe will best serve the long term interests of
the entire johnstown community.
Leadership is tested most when opinions differ,
and those moments our duty is to remain steady,
to uphold public trust, and to continue
moving the community forward with integrity
humility and purpose.
Tomorrow, the work continues Our police officers will
answer the calls for service.
Our firefighters and first responders
will stand ready Our public works crew will maintain
our streets and infrastructure.
Our staff will continue serving our residents
with professionalism and dedication
to their quiet, consistent work is what
keeps this community strong.
And I want to thank every town employee
for their unwavering commitment an unwavering
commitment to public service.
Before we leave tonight, I ask that we pause and remember
the 17 American service members who
have given their lives for the ongoing conflict in Iran.
As a retired Air Force member, I know
that behind every name is a family forever changed Brothers
and sisters in arms carry immeasurable loss
and a nation forever indebted to their sacrifice
Their courage reminds us of the freedoms we enjoy,
even the freedom to gather in this chamber, to debate openly
and to disagree respectfully have always come at a price.
Let us honor the memory not only with our words,
but with how we serve one another.
May we lead with humility?
Treat one another with dignity and never lose sight on the fact
we are blessed to call this country our home.
And this community, our own.
Thank you to my fellow council members
for your service to our staff, for your dedication
and to every resident who took the time to participate
this evening May God bless the families of those who have made
the ultimate sacrifice Watch over the men and women serving
around the world tonight and continue
to bless the town of Johnstown, the great state of Colorado,
and the United states of America.
Thank you, everyone Have a safe evening.
That's it for me tonight on this of closing comments With that,
we'll go ahead and move into executive session an executive
session to discuss the purchase of acquisition,
lease transfer or sale of any real person or personnel
or other property interest percent
this year as 20 4-6-424 alpha.
With that I'll go and I suppose you the counsel moved.
I'll second it motion by Council member Burke seconded by myself.
What's go and put it to voice vote.
All in favor say aye.
Aye Aye all oppose Ayes have it We're
in executive session number I'm the way of relating All right.
We're back in session No other topics were
discussed or voted on tonight.
We're adjourned And no decisions were made