City Council

CITY OF BRUSH! MINUTES OF THE OCTOBER 8, 2018 – REGULAR CITY COUNCIL MEETING The City Council of the City of Brush, Colorado met in regular session on October 8, 2018. Mayor Charles R. Bain 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 Charles R. Bain Councilor Jeanine Anderson Councilor Marlene Baker Councilor Heath Becker Councilor Vicky Quinlin Councilor Daniel R. Scalise Councilor Dana Sherman Absent: None. Also present were City Administrator Monty Torres, City Attorney Bo Chapin, Public Works Director Dale Colerick, Police Lieutenant Corey Hardy, Finance Director Joanne Gosselink, Assistant Administrator Karen Schminke, Marketing Specialist Tyler Purvis and City Clerk Andrea Strand. MINUTES The minutes of the regular meeting of the September 24, 2018, were approved as submitted. VISITORS AND DELEGATIONS Municipal Court Judge Stephen Jones was present and informed Council that Associate Judge Dennis Brandenburg would be resigning as of December 31, 2018 as he is taking the position as County Court Judge. Council will need to appoint a new Associate Judge for the Court. He recommended Kimberly Emil who is the Judge in neighboring communities. He has been invited to apply for the Fort Morgan Municipal Judge position. He felt there would not be any conflicts as court days are different. He also spoke of the need for a process in Municipal Court to appoint attorneys when defendants are facing jail time. He now has two defendants who need this service. He recommended a Request for Proposal Process. The Mayor stated that citizens are invited to speak to the Council on items that are not on the agenda. There is a 3 minute time limit per person, unless otherwise noted by the Mayor. Please note that no formal action will be taken on these items during this time due to the open meeting law provision; however, they may be placed on a future posted agenda if action is required. There was no one from the public Council Proceedings – October 8, 2018 1 MANAGEMENT Public Hearing Application for Special Use Permit filed by Colorado Lamb Processors LLC for an Animal Harvesting Facility located at 19188 Hwy 71, Brush, Colorado. The Mayor opened the public hearing at 6:10 p.m. Karen Schminke provided the staff report. Stating that Colorado Lamb Processors, LLC had submitted an application requesting a special use permit for an animal harvesting facility (slaughtering plant) in an Industrial (I) zone. The subject property is a 23± acre portion of a 61.32± acre parcel located northeast of the intersection of Hwy 71 and County Road T; the current address is 19188 Hwy 71, Brush, CO. She reviewed the Review Criteria, intent of the Industrial Zone, and provided the history of the location and property and discussed the proposal by the applicant. She then reviewed the utility needs, and site plan details. To date, no comments had been received during the review period regarding the proposal. She then reviewed the Approval Criteria addressing Compatibility, relationship to the City’s Comprehensive Plan, the applicant’s compliance history. Conclusion and Recommendation Summary Should Council find that the proposal has met the review criteria; staff recommends that Council grant a special use permit for an animal harvesting facility (slaughtering plant) with the following conditions: 1) The final plat for Agripark Subdivision No. 1 must be recorded after approval by Brush City Council. 2) Once the Agripark Subdivision No. 1 final plat is recorded along with any required development agreement, this special use permit and associated conditions are to apply to Lot 1 of said subdivision. 3) A sales agreement is required to outline terms and conditions associated with the perspective sale of Lot 1 of Agripark Subdivision No. 1 to Colorado Lamb Processors, LLC. 4) Installation of infrastructure associated with Agripark Subdivision No. 1 (i.e. utility mains and roads) must be complete prior to the issuance of a Certificate of Occupancy (CO) for this use. 5) In the event that the facility is not constructed and a certificate of occupancy (CO) issued within three years of the issuance of the Special Use Permit, the approvals granted in this permit will be deemed repealed. This matter does not need to reappear before the City Council for such repeal to be effective. 6) Once the facility is constructed the burdens and benefits of the Special Use Permit shall be deemed to run with the property, at law and equity, and shall be a burden upon and a benefit to the property, and shall be binding upon the City of Brush, Colorado and the applicant’s respective grantees, mortgagees, successors and Council Proceedings – October 8, 2018 2  assigns and any person leasing, acquiring or owning an interest in the Property or the improvements built thereon as authorized and approved by the City of Brush City Council pursuant to Article 16-6-20(f)(2) of the City Land Use Code, but subject to the provisions of Article 16-6-20 (d) and (e). 7) Both the property owner and any potential operations entity are bound by the terms of the Special Use Permit. 8) Notice of the sale of the property or change in an operations company must be provided to the City within 30 days of such change. 9) One year after operation of the facility begins the owner/operator must submit to a review of their best management practices with City staff. Any deficiencies identified during the review must be corrected in an agreed upon time period. Additional reviews should occur at three year increments. 10) Should the owner or operator change, the new owner/operator must submit to a review of their best management practices with City staff after their first year of operations. Any deficiencies identified during the review must be corrected in an agreed upon time period. Additional reviews should occur at three year increments. 11) The scope of this permit is limited to the slaughter and harvesting of meat from sheep and lamb. Processing of byproducts from the slaughter process on site is prohibited. Prohibited processes include but are not limited to blood boiling, hide tanning, rendering, and similar processes. 12) A separate utility agreement between the applicant and the City must be approved by City Council. The agreement is to outline the terms and conditions associated with the connection to the City’s water and wastewater systems. The agreement must be fully executed before a building permit for construction of the facility can be issued. 13) Prior to the issuance of a CO, an offal management plan detailing the storage and removal of animal byproducts must be submitted and approved by City staff. 14) Any corral water introduction into the wastewater treatment facilities will need to be upstream of the sampling station. 15) Prior to the issuance of a CO, a management plan that addresses the handling of the solid wastes generated by corral wash down in the containment/removal trough and should include, but not be limited to: waste trough cleaning frequency, solids stockpiling, stockpile disposal and frequency, stockpile runoff control, waste trough mosquito control must be submitted and approved by City staff. 16) An updated landscaping plan must be submitted and approved by City staff prior to the issuance of a building permit. 17) Landscaping (including revegetation with native grasses of site areas disturbed during construction) must be installed prior to the issuance of a certificate of occupancy. However, if all conditions for the issuance of the CO have been met but Council Proceedings – October 8, 2018 3  the weather conditions (such as the non-growing season) are such that it is not reasonable or prudent to install landscaping, the developer may deliver to the City a letter of credit in lieu of planting until the weather conditions permit. The form of such letter of credit shall be reasonably acceptable to the City and in an amount which is the amount of the cost of landscaping materials and installation as certified to the City by the Developer’s contractor or landscape contractor. The landscaping shall be installed within a reasonable period of time after weather permits or upon reasonable notice, the City may, but not be obligated, to draw on the letter of credit to allow the City to complete the landscaping. 18) All lighting on the site, building, and corrals must be down-ward directional. 19) Prior to the issuance of a CO, a Knox Box for emergency access must be installed on site as required by the Fire Department. 20) It is the permit holder’s responsibility to resolve and odor or nuisance complaints and/or issues to the satisfaction of the City of Brush!. 21) A CO is required prior to beginning plant operations. To adequately document Council’s decision, Council can authorize staff to prepare a resolution documenting these findings and conditions of approval. She also reported that the notice for the public hearing had been posted on the property, required neighbors were noticed and it was placed in the newspaper. The applicant, Spencer Rule was present representing three families who are interested in building this facility with current technology for the industry. They feel Brush is a good fit because of the skilled labor in the area. Council Questions – Mayor Bain asked if the facility was not able to slaughter for a day and animals had been delivered, what would they do with the animals. Mr. Rule responded that they would have to be shipped back as the facilities could not house the animals for any length of time. Public Comments – Steve Griffith was present and spoke in favor of the special use permit, saying the family was great to work with and a great addition to Brush. The Mayor closed the public hearing at 6:40 p.m. Councilor Scalise moved, second by Councilor Quinlin to approve the special use permit application by Colorado Lamb Processors LLC for an Animal Harvesting Facility located at 19188 Hwy 71, Brush, CO with the conditions identified by staff, modifying number 12 to read a separate utility agreement between the applicant and the City must be approved by City Council. The agreement is to outline the terms and conditions associated with the connection to the City’s water and wastewater systems. The agreement must be fully executed before a Certificate of Occupancy for the facility can be issued. Council Proceedings – October 8, 2018 4 The special use permit was approved unanimously by roll call vote. City Disbursements Councilor Quinlin moved, second by Councilor Sherman to approve City bills from September 24-October 8, 2018. The motion was approved unanimously by roll call vote. General Fund $ 125,154.54 Fire Equipment Fund $ 341,963.30 Capital Reserve Fund $ 196.99 Water Fund $ 19,461.16 Trash and Garbage Fund $ 10,720.79 Waste Water Fund $ 24,914.07 Storm Water Fund $ 3,302.99 Golf Course Fund $ 15,337.76 Police Forfeiture & Confiscation Fund $ 4,000.00 Payroll $ 71,842.44 Payroll Liability and Cafeteria $ 39,647.82 Disbursements Total $ 656,541.86 2019 Budget Finance Director Gosselink presented the proposed 2019 Budget and stated that it did not include payroll or capital items, these will be reviewed and discussed at the Council Budget Retreat on November 14, 2018. Finance Director Gosselink announced that capital outlay projects would be presented at the October 22, 2018, council meeting. STAFF REPORTS Finance Director Gosselink  Reported that the City had received recycling rebates from the Colorado Department of Health in the amount of $4,284 Public Works Director Colerick  Announced that leaves could be bagged and placed with regular trash pickup through November. Do not blow or rake leaves into the streets. Marketing Specialist Purvis  Invited members of city council to attend the Economic Council of Colorado Conference in Estes Park on October 24-26, 2018. City Clerk Strand  Reported that the Local Licensing Authority approved a Tavern Liquor License for 118 Clayton Street. It will be sent to the State for their approval.  Announced upcoming meetings and other announcements. Council Proceedings – October 8, 2018 5 City Administrator Torres  Asked Council to contact him or Joanne if they had any budget concerns.  A sales agreement for the land for CLP will be on an upcoming agenda.  Currently doing backgrounds on a potential police chief candidate and should be able to bring forth to council. MAYOR AND COUNCIL REPORTS Councilor Becker  Thanked the City and friends for all their support with his recent health event. He appreciates the support from the community. Councilor Scalise  Attended the District 1 CML District meeting and stated the ballot material is in the packet. Councilor Anderson  Asked for an update from the City/County meeting in Hillrose. Those attending said that each entity provided an update of activities.  Asked that the court appointed attorney process be on the next agenda.  Would like a status update on the flood mitigation. Mayor Bain  Voiced condolences for the family of Betty Herbst who passed away, she was a member of City council for 24 years. ADJOURNMENT The October 8, 2018, meeting adjourned at approximately at 7:00 p.m. ATTEST: City Clerk Andrea Strand Mayor Charles R. Bain Council Proceedings – October 8, 2018 6