JUNE 23, 2008 – REGULAR CITY COUNCIL MEETING

The City Council for the City of Brush, Colorado met in regular session on June 23, 2008. Mayor Daniel Scalise called the meeting to order at 7:00 p.m. and the Pledge of Allegiance was repeated. Present on roll call were Mayor Scalise, Councillors Felix Acosta, Dorothy Crane, Darlene Doane, Phillip Northcutt, Harry Rieger, and Chuck Schonberger (7). Absent: None. Also present were Administrator Monty Torres, City Clerk Cathy Smith, City Attorney Robert Chapin, Assistant Administrator Karen Schminke, Finance Director Joanne Gosselink, Police Chief Mark Thomas, and Utilities Director David Baker.

MINUTES

The minutes of the regular meeting of June 9, 2008 were approved as submitted.

2008 BRUSH RODEO – JULY 2 - 4

Rodeo Chair Steve Treadway distributed tickets to Council and staff for the Rodeo on July 2^nd while thanking the City for their continued support of the Rodeo festivities. This year’s parade will feature our nation’s veterans, beginning with a National Guard Fly-Over.

CITIZEN APPEAL FOR SUPPORT OF PRAIRIE TRAILS PARK IMPROVEMENTS

Several spoke on the merits of developing Prairie Trails Park with additional trails, ball fields and a community center. Mayor Scalise prefaced the citizen presentations by relating how a great deal of input brought the need for park improvements to the forefront. Subsequently, priorities at the Fall Council Retreat identified downtown improvements as number one and recreation and storm water improvements tied for a close second. Recreation Director Lance Schwindt then gave an overview of the most recent updates to the Master Plan for Prairie Trails Park by Winston Associates. The first phase is now estimated to be $4 million for ball fields, leisure field sports, additional trails and a community building. Believing in-kind contributions, including grants and donations, could reduce that amount by $800,000, a ballot question of $3.2 million paid by a 1% sales tax is being suggested by the citizen group for improvements.

Mr. Phil Cummings, former President of the inaugural Little League in Brush and currently involved in girl’s fast pitch spoke mainly on the rapid-growing girl’s softball fast pitch sport. He mentioned 510 teams playing in tournaments spread over many fields throughout the State. Ideally, he would like to see Brush develop a competitive team and host tournaments on a dedicated fast pitch field.

Mr. Mickey, Mrs. Milano, Mr. Acosta, as did Mr. Cummings, echoed the need for additional fields to promote and develop competitive youth baseball and soccer teams to further enhance our quality of life Mr. Marcus, proprietor of Digger’s Diner and a cross country running coach, emphasized the highly regarded influx of outside dollars that the recreation program already brings in. With additional ball fields and a soft running track he believes the increased economic impact could be substantial.

Similarly, George and Carol Baker, Managers of the Microtel, expressed via letter their support of park improvements and the anticipated positive economic impact, especially to the lodging industry.

The Mayor solicited opinions from each Councillor and there followed collective support for a community driven ballot issue for park improvements; although Mrs. Doane questioned the inclusion of the community center in Phase I.

FINANCE

By motion of Mrs. Crane City bills and payroll totaling $330,670.23 were unanimously approved.

STAFF REPORTS

The business community was thanked for their support and especially for donations for the Brad Amack Tournament auction and prizes for the upcoming 26^th annual Brush Rush.

Police ballistic blankets, paid for via a grant, have been received.

The next source water protection plan meeting is scheduled for June 16.

Downtown demonstration projects are close to being finished.

A Council Retreat was tentatively set for July 10 at 6 p.m.

UNITED WAY PROCLAMATION

The Mayor read a proclamation announcing the 50^th Anniversary of United Way of Morgan County, declaring June 28^th United Way of Morgan County Day in Brush, and encouraging everyone to get involved in and participate in the activities of United Way.

EXECUTIVE SESSION – CRS 24-6-402 (4)(A) POTENTIAL PROPERTY ACQUISITION

Mr. Schonberger moved to enter into Executive Session by authority of CRS-24-6-402(4)(a) for the purpose of discussing potential acquisition of properties. His motion was seconded and carried unanimously by those present.

The Mayor convened the executive session at 7:55 p.m. by announcing the authoritative statute CRS-24-6-402(4) (a) to discuss potential property purchases. He further stated all discussion will be confined to this topic. After deliberation, the executive session was closed and regular session reconvened at 8:12 p.m.

ADJOURNMENT

The meeting was promptly adjourned at 8:12 p.m.

The City Council for the City of Brush, Colorado met in regular session on June 9, 2008. Mayor Pro Tem Chuck Schonberger called the meeting to order at 7:00 p.m. and the Pledge of Allegiance was repeated. Present on roll call were Mayor Pro Tem Chuck Schonberger Councillors Dorothy Crane, Darlene Doane, Phillip Northcutt, and Harry Rieger (5). Absent: Mayor Dan Scalise and Councillor Felix Acosta. Also present were Administrator Monty Torres, City Clerk Cathy Smith, City Attorney Robert Chapin, Assistant Administrator Karen Schminke, Public Works Director Rowena Pennell and Utilities Director David Baker.

MINUTES

The minutes of the regular meeting of May 26, 2008 were approved as submitted.

PURCHASE OF FOUR UPPER PLATTE AND BEAVER WATER SHARES

Pursuant to prior Council direction, a contract to purchase four Upper Platte and Beaver water shares from Johnette Vondy and Tanya Harned, daughters of John Hinds, was presented. Mr. Chapin explained these were the remaining shares previously held back when the City purchased property from Mr. Hinds. The purchase price of these four shares is $25,000 each.

A total of $25,000 is due at closing ($5,000 of which is earnest money) followed by three equal payments due annually on July 1 beginning in 2009, plus a 6% interest on the balance.

Mrs. Crane moved to approve the contract setting forth the terms and conditions for the purchase of four water shares at a price of $100,000. Her motion carried unanimously by roll call vote.

FINANCE

By motion of Mrs. Crane City bills and payroll totaling $337,843.26 were unanimously approved.

DEPARTMENTAL REPORTS

"Fishing is Fun" day was good although not as well attended as previous years, possibly because it was held at Wacker Pond instead of Doty Pond. But thanks to staff, especially Loranda, Jo and Row who cooked and served hot dogs.

The inaugural International Music Festival surpassed attendance expectations. Special thanks to Council for their support, to staff for their organizational skills, and the Fort Morgan Times for their promotions.

The public was encouraged to attend the development code meeting on Thursday, June 12 beginning at 6 p.m.

Interviews with three finalists for design/engineering of the wastewater treatment plant project.are being conducted this week.

Citizens were cautioned to keep weeds in check as warnings and tickets are being issued. A ticket carries a $50 penalty.

The meeting was duly adjourned at 7:12 p.m.

MAY 27, 2008 – REGULAR CITY COUNCIL MEETING

The City Council for the City of Brush, Colorado met in regular session on May 27, 2008. Mayor Daniel Scalise called the meeting to order at 7:00 p.m. and the Pledge of Allegiance was repeated. Present on roll call were Mayor Scalise, Councillors Felix Acosta, Dorothy Crane, Darlene Doane, Phillip Northcutt, Harry Rieger, and Chuck Schonberger (7). Absent: None. Also present were Administrator Monty Torres, City Clerk Cathy Smith, City Attorney Robert Chapin, Assistant Administrator Karen Schminke, Finance Director Joanne Gosselink, Public Works Director Rowena Pennell and Utilities Director David Baker.

MINUTES

The minutes of the regular meeting of May 12, 2008 were approved as submitted.

CHAMBER FAÇADE IMPROVEMENT PROGRAM

At the request of the Brush Chamber Design Committee, Mr. Rieger moved to approve an additional $5,000 for the Façade Improvement Program through the end of 2008. Previously the City contributed $10,000. To date, Groomingdales, the Brush Trading Post and Ron Sand have been awarded grants, leaving a balance of $4,322.19 in the façade account. As more improvement applications are anticipated, Council unanimously approved Mr. Rieger’s motion.

HIGH PLAINS ANNEXATION RESOLUTION 5-08

A RESOLUTION FINDING A PETITION FOR ANNEXATION OF PARCELS OF LAND LOCATED IN NE ¼ , SECTION 2, TOWNSHIP 3 NORTH, RANGE 46 WEST OF THE SIXTH PRINCIPAL MERIDIAN, MORGAN COUNTY, COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH CRS 31-12-107(1).

Mr. Tim Stutzman, High Plains Livestock Exchange, LLC, submitted an annexation petition for certain parcels currently outside City limits but already served by City water and sewer. The motion by Mr. Acosta to approve the resolution finding the petition for annexation to be in substantial compliance with state statute and setting a public hearing for July 14, 2008 was unanimously approved. Following the vote it was discovered the time for the public hearing was incorrect. Subsequently, Mrs. Crane’s motion correcting the time in Section 2 of Resolution 5-08 from 7:30 p.m. to 7:00 p.m. passed unanimously.

UPCOMING MEETINGS

Source water protection meeting May 28 @ 1:30.
International Music Festival June 7^th beginning @ 10:30 a.m.
Preliminary audit review changed from June 20 to July 11 @ noon.

EXECUTIVE SESSION – CRS 24-6-402 (4)(A) POTENTIAL PROPERTY ACQUISITION

Mr. Schonberger moved to enter into Executive Session by authority of CRS-24-402(4)(a) for the purpose of discussing potential acquisition of properties. His motion was seconded and carried unanimously by those present.

The Mayor convened the executive session at 7:27 p.m. by announcing the authoritative statute CRS-24-402(4)(a) to discuss potential property purchases. He further stated all discussion will be confined to this topic. After deliberation, the executive session was closed and regular session reconvened at 7:42 p.m.

POTENTIAL PROPERTY PURCHASES

Mr. Schonberger moved to authorize Mr. Torres to pursue the purchase of properties as discussed in executive session. His motion carried unanimously by roll call vote.

FINANCE

By motion of Mrs. Crane City bills and payroll totaling $517,363.01 were unanimously approved.

ADJOURNMENT

Before adjourning Mayor Scalise offered heartfelt thanks for the card, flowers, and attendance at the funeral of his father in law. The meeting was duly adjourned at 7:44 p.m.

The City Council for the City of Brush, Colorado met in regular session on May 12 , 2008. Mayor Daniel Scalise called the meeting to order at 7:00 p.m. and the Pledge of Allegiance was repeated. Present on roll call were Mayor Scalise, Councillors Felix Acosta, Dorothy Crane, Darlene Doane, and Chuck Schonberger (5). Absent: Councillor Harry Rieger (1) Councillor Philip Northcutt arrived at 7:30 p.m. Also present were Administrator Monty Torres, City Clerk Cathy Smith, City Attorney Robert Chapin, Assistant Administrator Karen Schminke, Finance Director Joanne Gosselink, Public Works Director Rowena Pennell and Utilities Director David Baker.

MINUTES

The minutes of the regular meeting of April 28, 2008 were approved as submitted.

RESOLUTION 2-08 - POLICE EVIDENCE CHECKING ACCOUNT

A RESOLUTION ESTABLISHING A CITY OF BRUSH
CHECKING ACCOUNT SPECIFIC TO POLICE EVIDENCE
AND SIGNATORY AUTHORITY THEREOF

Mr. Acosta moved to approve Resolution 2-08 establishing a separate police evidence checking account. The account will permanently reside at the Farmers State Bank as the average balance is expected to be little more than $1,000 at any one time. Designated signatories are the Police Chief and Police Lieutenant. Mr. Acosta’s motion carried unanimously by those present.

Mr. Chapin explained the changes in the contract amendment between the City and the DOC are primarily operational and do not have a direct impact to the City. However, one substantial change relates to the contract monitor. Amendment #2 absolves The City Administrator and the Chief of Police of any direct monitoring in the facility, now operated by Cornell Corrections. Therefore all reference to the City’s contract monitor and related responsibilities have been deleted. Approval will be subject to the State and Cornell.

Mr. Schonberger moved to approve Resolution 3-08 authorizing the Mayor and clerk to execute the Contract Amendment #2 on behalf of the City. His motion carried by unanimous vote of those present.

Mr. Chapin further explained the addendum incorporates Amendment #1 and #2 by reference into the Management Agreement with Cornell, whereby the City passes on to Cornell, as its subcontractor, all responsibilities that the City has under the above contract with the Department of Corrections. Responding to Mr. Acosta’s inquiry, Mr. Chapin noted the Warden at the correctional facility does not see any problems with the document but approval is subject to acceptance of the terms by Cornell’s upper management.

Mrs. Crane moved to approve Resolution 4-08 authorizing the Mayor and Clerk to execute the addendum on behalf of the City. The motion carried unanimously.

REQUEST FOR UNFUNDED MONIES WITHIN THE STORM WATER FUND

To initiate mud jacking on several streets prior to this year’s seal coating operations, Mr. Acosta’s motion to place $15,000 in a line item within the storm water fund, specific to maintenance was unanimously approved by roll call vote. Ms. Pennell noted there is currently no line item for maintenance in this fund. Mud jacking alleviates standing water in gutters by injecting a substance between the street and the gutter pan thereby raising the low spots. Asphalt needs to be cut for the injection process, then patched and seal coated. This procedure was done successfully a few years ago on Princeton Street.

DEPARTMENT REPORTS

• The audit is being conducted and scheduled for final acceptance on June 23. The Finance Committee, along with any additional Council members are invited to a lunch meeting on June 20 to preview the contents of the audit.
• The community trip scheduled for Friday is full but Mr. Schwindt is compiling a standby list.
• An event tent was purchased from Ackley’s with the addition of $6,000 from One Morgan County. Initially the tent will be used for the International Music Festival on June 7. Future use and regulations are yet to be determined.
• The Development Code Update schedule was distributed with meetings as follows:

June 5 Joint Work Session (Council and Planning Commission)

June 12 Community Meeting

July 13 Joint Work Session

August 14 Community Meeting

August 28 Planning Commission Hearing

September 8 City Council Hearing

MAY 26 COUNCIL MEETING RESCHEDULED

With Mrs. Crane’s motion the regular Council meeting of May 26^th, (which is the observed Memorial Day holiday) was cancelled and rescheduled for Tuesday May 27 at 7 p.m. to accommodate a long-standing annexation request.

EXECUTIVE SESSION – CRS 24-6-402 (4)(A) POTENTIAL PROPERTY ACQUISITION

Mr. Schonberger moved to enter into Executive Session by authority of CRS-24-402(4)(a) for the purpose of discussing potential property acquisition. His motion was seconded and carried unanimously by those present.

The Mayor convened the executive session at 7:25 p.m. by announcing the authoritative statute CRS-24-402(4)(a) to discuss a potential property purchase. He further stated all discussion will be confined to this topic. Mr. Treadway, a member of the Water Advisory Committee was invited and participated in the discussions regarding property purchase. After deliberation, the executive session was closed and regular session reconvened at 8:00 p.m.

PENNINGTON PROPERTY PURCHASE

Mr. Schonberger moved to authorize Mr. Torres to negotiate the purchase of Pennington property. The motion carried by roll call vote, including Councillor Northcutt who arrived during executive session discussions.

WATER ADVISORY COMMITTEE DIRECTION

Responding to Mr. Treadway’s request for authorization to conduct further water related research and strategies, Mayor Scalise asked that the Water Advisory Committee present their requests in writing for Council consideration.

FINANCE

By motion of Mrs. Crane City bills and payroll totaling $312,736.32 were unanimously approved.

ADJOURNMENT

The meeting was duly adjourned at 8:06 p.m.