City Council
Regular MeetingBrush, CO · January 9, 2017
Minutes
CITY OF BRUSH!
MINUTES OF THE JANUARY 9, 2017 – REGULAR CITY COUNCIL MEETING
The City Council of the City of Brush, Colorado met in regular session on January 9, 2017.
Mayor Chuck Schonberger called the meeting to order at 6:00 p.m. The meeting was held at
Brush City Hall. The pledge of allegiance was given.
Present on roll call were: Mayor Chuck Schonberger
Councilor Jeanine Anderson
Councilor Rick Bain
Councilor Marlene Baker
Councilor Kimberly Dykes
Councilor Vicky Quinlin
Absent: Councilor Heath Becker
Also present were City Administrator Monty Torres, Police Chief Travis Anderson, City Attorney
Bo Chapin, Community Development Director Lance Schwindt, Public Works Director Dale
Colerick, Assistant Fire Chief Ray Uhrick and City Clerk Andrea Strand.
MINUTES
The minutes of the regular meeting of December 12, 2016, were approved.
VISITORS AND DELEGATIONS
None.
MANAGEMENT
Resolution No. 2017-01 – Official Posting Places
Councilor Quinlin offered a motion, second by Councilor Dykes to approve Resolution No. 2017-
01, Designation Of A Public Place For Posting Of Notices Concerning Official City Business of
the City Of Brush, Colorado Pursuant To C.R.S. 24-6-402(2)C) and was approved unanimously
by roll call vote.
Public Hearing Special Use Permit Augmentation Pond
Mayor Schonberger opened the public hearing at 6:03. City Administrator Monty Torres
provided a staff presentation stating that the Upper Platte and Beaver Canal Company had
submitted an application for an augmentation pond on a 10 acre parcel located in the
Environmental Preservation (EP) zone. The subject property is Lot 2 of Castle Rock
Subdivision and is located east of Hospital Road, north of Mill Street and west of the Brush
Village Subdivision, known as 1524 Boxer Street. He reviewed the Criteria as identified in the
Council Proceedings –January 9, 2017 1
Land Use Code for a special use permit. He also addressed the Compatibility of the use, the
City’s Comprehensive Plan and the applicant’s compliance history. To date staff had not
received any comments for or against the use. He added if Council should find that the
proposal met the review criteria, staff recommended that Council grant the special use permit
for a water augmentation pond with the following conditions:
1) The landscape and vegetation plan be reviewed in 2 years from the date that the permit
is issued and the signed dates of all agreements.
2) The applicant shall validate through a licensed surveyor the property lines and the
alignment of the train around the pond.
3) The applicant shall comply with all terms and conditions outlined in the development
agreement.
4) The applicant shall comply with all terms and conditions outline din the maintenance
agreement.
5) The applicant shall allow public access and use of the site.
6) The applicant shall provide the required engineering letter to the City.
Bart Ginther was present on behalf of the Upper Platte and Beaver Canal Co. and thanked the
Council and City staff. No one from the public was present. Mayor Schonberger added that he
would like to see access from East Boxer Street or open from Mill Street for public use.
Mayor Schonberger closed the public hearing at 6:20 p.m.
Resolution No. 2017-2 Containing Findings of Fact, Conclusions and Order Granting the
Application of the Upper Platte and Beaver Canal Company for a Special Use Permit to
Operate an Augmentation Pond on Environmental Preservation (EP) Zoned Land at 1524
Boxer Street
Council discussed the Resolution and It was decided that Resolution No. 2017-2, would be
presented at the next council meeting so that the all conditions could be included. An additional
condition number 7 would be added by City Attorney Chapin that would allow for future crossing
agreement of the ditch using existing culvert if it is determined to be on the Upper Platte and
Beaver Canal Company’s property.
Development Agreement for the Upper Platte and Beaver Canal Company’s
Augmentation Pond at 1524 Boxer Street
Councilor Dykes offered a motion, second by Councilor Quinlin to approve the Development
Agreement between the City of Brush and Upper Platte and Beaver Canal Company, it was
approved unanimously by roll call vote.
Maintenance Agreement
Councilor Bain offered a motion, second by Councilor Dykes to approve the Maintenance
Agreement between the City of Brush and Upper Platte and Beaver Canal Company, it was
approved unanimously by roll call vote.
Ordinance No. 852-17 Brush Municipal Court Becoming a Court of Record
Councilor Bain Introduced Ordinance No., 852-17, An Ordinance Repealing and Reenacting
Article 4 of Chapter 2 of The Brush Municipal Code, Related to the Municipal Court, to Create a
Council Proceedings –January 9, 2017 2
Qualified Municipal Court of Record. Councilor Dykes offered a motion, second by Councilor
Quinlin to approve the Ordinance and publish in full with item Sec 2-4-90 b removed and an
effective date of April 1, 2017. It was also suggested to create a department in the 2018
Budget. It was approved unanimously by roll call vote.
Approve Bid for Parks Department Pick-up
Director Schwindt presented two bids for a parks department pick-up, staff’s recommendation
was to award the bid to Korf in the amount of $38,778.00.
Councilor Dykes offered a motion, second by Councilor Bain to approve the bid to Korf for the
park’s department pick-up and it was approved unanimously by roll call vote.
FINANCE
City Disbursements
Councilor Quinlin moved, second by Councilor Anderson to approve City bills from December
12-28, 2016. The roll call vote was unanimous.
General Fund $ 46,577.67
Water Fund $ 6,982.25
Trash and Garbage Fund $ 6,356.00
Waste Water Fund $ 38,871.38
Storm Water Fund $ 421.73
Golf Course Fund $ 10,589.04
Cemetery Perpetual Care Fund $ 4,300.00
Payroll and Cafeteria $ 67,744.89
Payroll Liability $ 29,235.19
Disbursements Total $ 211,078.15
City Disbursements
Councilor Quinlin moved, second by Councilor Anderson to approve City bills from December
28, 2016 – January 9, 2017. The roll call vote was unanimous.
General Fund $ 93,259.27
Water Fund $ 12,448.27
Trash and Garbage Fund $ 8,902.97
Waste Water Fund $ 19,433.38
Storm Water Fund $ 3,124.01
Golf Course Fund $ 9,275.44
Community Enhancement Fund $ 8,600.00
Payroll and Cafeteria $ 67,761.77
Payroll Liability $ 41,161.43
Disbursements Total $ 263,966.54
Council Proceedings –January 9, 2017 3
STAFF REPORTS
Police Chief Anderson
• Reported that the POST suspension had been lifted as the department had received the
required amount of training.
• Reported that Officer Jeremy Sagner is in K-9 training with the new dog named Mux.
Lance Schwindt
• The New Year’s Eve Resolution Run was a success with 31 people participating.
• Kyle Lynch’s last day was January 6th; he took a position in Dallas, TX and will be
missed.
Dale Colerick
• Reported that staff was doing removal of snow and ice in the gutters, and reviewed the
snow removal plan for the City.
Assistant Fire Chief Ray Uhrick
• Reported that Tad Anderson was re-elected as Chief and Ray was re-elected as
Assistant Chief.
• Reported that in 2016, the department had 469 calls for service and received 500 hours
of training.
• 2 structure fires occurred that week and the new ladder truck was used.
• Reminded citizens to make sure fire hydrants are clear of snow.
• Invited everyone to the fire hall tomorrow as the ladder truck will be inaugurated. Rocky
mountain oysters will be served.
City Clerk Strand
• Highlighted upcoming meetings on the calendar.
• Brush will host the City/County meeting on Tuesday, January 31, 2017.
City Administrator Torres
• Reported that some of the area energy partners had committed to financial donations up
to $2,500 each for the new fire department building.
MAYOR AND COUNCIL
Mayor Schonberger announced a special meeting for January 16, 2017, to discuss the Golf
Course.
City and County Meeting will be hosted by Brush on Tuesday, January 31, 2017, at the Course
in Brush. City staff was thanked by Councilor Bain for the new sledding hill and Councilor
Quinlin for the Resolution Run.
Council Proceedings –January 9, 2017 4
Appointments to Various Boards and Commissions
Historic Preservation
Helena Schultz for a term ending in 2020
Tree Board terms ending in 2020
Ron Bauer
Bruce Bosley
Aviation Advisory Board
Cary Kemble term ending in 2021
Councilor Quinlin offered a motion, second by Councilor Dykes to approve the appointments to
the boards that staff presented and was approved unanimously by roll call vote.
ADJOURNMENT
The January 9, 2017, meeting adjourned at approximately 7:00 p.m.
ATTEST:
/s/ City Clerk Andrea Strand /s/ Mayor Chuck Schonberger
Council Proceedings –January 9, 2017 5
Agenda
CITY COUNCIL
Regular Meeting Agenda
Brush City Council Chambers
600 Edison Street, Brush, CO
Monday, January 9, 2017
5:30 p.m. Finance Committee Meets – Conference Room
6:00 p.m. Regular City Council Meeting
1. Pledge of Allegiance
2. Roll Call
3. Approval of Minutes
a) Regular Meeting of December 12, 2016
4. Visitors & Delegations
a) None.
5. Management
a) Resolution No. 2017-1 Designation of Official Posting – Strand
Public Hearing Special Use Permit Augmentation Pond
b) Resolution No. 2017-2 Containing Findings of Fact, Conclusions and Order
Granting the Application of the Upper Platte and Beaver Canal Company,
for a Special Use Permit to Operate an Augmentation Pond on
Environmental Preservation (EP) Zoned Land at 1524 Boxer Street - Torres
Development Agreement for The Upper Platte and Beaver Canal
Company’s Augmentation Pond at 1524 Boxer Street – Torres
Maintenance Agreement – Torres
c) Ordinance No.852-17– Brush Municipal Court Becoming a Court of Record
– Chapin
d) Approve Bid for Parks Department Pick-up - Schwindt
6. Finance
a) Approve Disbursements and Payroll from December 12, 2016 to December
28 , 2016 – totaling $211,422.65
b) Approve Disbursements and payroll from December 28, 2016 to January 9,
2017 – totaling $263,966.54
CITY COUNCIL
Regular Meeting Agenda
Brush City Council Chambers
600 Edison Street, Brush, CO
Monday, January 9, 2017
7. Staff Reports
8. Mayor and Council Reports
a) Special Meeting January 16, 2017, to discuss the Golf Course
b) City and County Meeting, January 31, 2017, The Course
c) Appointments to Various Boards and Commissions
9. Adjournment
Work Session
1. Speed Limit Change, Westbound US 34, Mile Post 170.90 to Mile Post 171.23 -
Colerick
2. Campground Discussion - Schwindt
3. Quiet Zone Discussion - Torres
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