Johnstown has pulled out of the fight between Weld County, Martin Marietta Materials and neighbors surrounding a planned asphalt and concrete plant just south of U.S. 34.
The Johnstown Town Council on Monday, in a tight vote, decided against filing an amicus brief in support of the neighbors, who are engaged in an appeal related to the plant.
The property owners surrounding the Martin Marietta plant and proposed railroad loop, near Weld County Road 13 and U.S. 34, are not Johnstown residents, Mayor Scott James said.
“While we support what these folks are doing, sooner or later we have to recognize we’re elected to serve the people of Johnstown; this is not our fight,” James said.
But Johnstown officials inserted themselves into the fight previously, including passing a resolution asking Weld County commissioners to deny the plant.
The area, though not in Johnstown, is in the town’s growth management area. And the proposed heavy industrial activity doesn’t fit with Johnstown’s vision for the area, officials have said.
It’s why Town Councilman Troy Mellon brought up the idea of an amicus brief after neighbors filed an appeal. An amicus brief is filed by those not involved in a particular lawsuit but who have an interest in the outcome. Mellon and councilman Jesse Molinar voted for it.
But James, KC Mitchell and Gary Lebsack prevailed, with Devin Davis and Chad Young absent.
“Obviously it’s a controversial issue,” Mellon said. “I wish it would have gone my way.”
Dave Kisker, one of the neighbors named in the lawsuit and appeal, couldn’t immediately be reached for comment.
Citing commissioner errors related to compatibility, the preservation of farmland, potential noise violations and zoning, as well as an objection to the district court’s failure to reveal communications between commissioners and the plant, neighbors last month asked the Colorado Court of Appeals to reject the commissioners’ decision.
Surrounding property owners filed a lawsuit in September 2015, and a Weld District Court judge ruled in favor of the commissioners in January. Kisker is joined by four other individuals, as well as Motherlove Herbal Co., an organic farm specializing in food for pregnant and nursing mothers; Indianhead West Homeowner’s Association, which represents an adjacent neighborhood of single-family homes; and Rockin S Ranch, a wedding venue.
The neighbors take issue with the heavy industrial nature of the 131-acre, $20 million plant, which will reach more than 100 feet high and will include a 6,400-foot rail loop and on-site storage of tens of thousands of gallons of diesel fuel, 180 tons of coal fly ash and 40,000 pounds of chemical color additives.
They also take issue with what they say was commissioners’ failure to follow county code in approving the project, saying in the appeal that commissioners cannot prove the proposed use is consistent with existing surrounding uses – mostly farmland and single-family homes.
The neighbors have some support, as Greeley, Windsor, Johnstown and Larimer County have sided in some capacity with them against the proposed use.
Mellon still is on that side, saying Weld County hasn’t demonstrated how the development is compatible with surrounding uses. But Johnstown officials on Monday decided against continuing the fight. James said it was time to respect the process, even if Johnstown officials don’t like the outcome.
“Why are we spending Johnstown residents’ tax dollars defending people who don’t live in Johnstown?” James said. The solution, he said, isn’t spending money going to court.
James said council members discussed the possibility of developing a coordinated planning agreement with Weld County. The county has such agreements with other cities, but doesn’t have one with Johnstown. James said if an agreement already was in place, this never would have happened. Mellon isn’t so sure, saying the town hasn’t been able to come to an agreement on what a coordinated planning agreement would look like. “These kinds of agreements are agreements to refer and gather input,” Mellon said. “But they rarely involve giving away (decision-making authority) of the community or county.”
-Tyler Silvy covers government and politics for The Greeley Tribune. Reach him at tsilvy@greeleytribune.com. Connect with him at Facebook.com/TylerSilvy or @TylerSilvy on Twitter.