Council Busy with End of Year Business
By Jaclyn Schrock
The festive decorations at 211 Church Street in Black Hawk is a reminder that it is nearly the end of the year. The Black Hawk City Council approved the 2018 budget of $33 million at their regular 3 pm Wednesday meeting on December 13, 2017. The City’s mission is to progressively provide cost effective programs and services of the highest quality to the community. Black Hawk may have the smallest population of a city in Colorado, yet, they continue to provide excellent services for over 10,000 people during each week-end.
The full parking lots and council chambers gave an indication of the importance of the meeting that began with the traditional ringing of the bell. The last bell ringer of 2018 was Dave Grunenwald, VP of Development with Jacobs Investments.
Roll call confirmed the presence of Mayor David Spellman, Alderwomen Linda Armbright, and Aldermen: Paul Bennett, Jim Johnson, Hal Midcap, Greg Moates, and Benito Torres. Also seated at the Council table were City Manager Jack Taylor, City Attorney Corey Hoffman, and Deputy City Clerk Michelle Martin.
Finding no agenda changes, conflicts of interest or public comments, the minutes of the November 8, 2017 meeting were approved.
Six public hearings passed, but Resolution 70 was suspended until the January 10, 2018 meeting.
2018 Budget Adoption passed with some discussion to explain a few items.
Resolution 68-2017, A Resolution Summarizing Expenditures and Revenues for Each Fund and Adopting a Budget for the City of Black Hawk, Colorado for the Calendar Year Beginning on the First Day of January 2018 and Ending on the Last Day of December 2018, and Appropriating Sums of Money to Various Funds and Spending Agencies in the Amount, and for the Purposes Set Forth within the Proposed 2018 Budget. 2016 actual revenues were over $300,000 of actual expenditures, leaving a balance of just under $39 million. Some of the capital projects that were completed in 2016 did not get paid for until 2017. The 2017 budget still has estimated figures as all has not finished transpiring. 2017 is expected to have a final balance of $5,700,484 less than the beginning balance because expenditures on capital projects received exceeded payments as planned by the City of Black Hawk. With many insightful and carefully planned projects, the City of Black Hawk continues to progress toward providing the most appropriate services. A few recent accomplishments include the completion of the Gregory Street expansion project and the new water works project. These and other long term planning operations all contribute to creating a destination target beyond the attractions of the gaming industry now well developed in Black Hawk. Family friendly year round opportunities to hike, bike, and enjoy the mountain terrain also include Colorado crafted artisans and breweries, and possibly traditional fun events like burro races and miner’s competitions. Development of highly qualified city staff, infrastructure, historically preserved facilities and operations, transportation, and first responders parallels the more obvious developments.
The proposed 2018 budget passed after questions by Alderman Hal Midcap clarified that the Chase Street project funds were not separated out in the fund. This fund lumps together expenses for the Carriage House parking garage project on Gregory Street and historical development of that section could bring a renaissance of Colorado crafting. The proposed deficit of about $15 million is a depletion of some of the funds saved for these projects. This will leave a balance for 2019 under $20 million. The proposed budget does include the anticipated increase from taxing table games Black Hawk residents approved in the November election. The notable change from 2017 is small in the transportation department. This 2018 budget will continue to fund the progression of interests to serve this tiny community and provides employment opportunities for the local work force while still serving so many.
Part 2 of the 2018 proposed budget includes CB24, An Ordinance Levying General Property Taxes for the Year 2017 to Help Defray the Costs of Government for the City of Black Hawk, Colorado for the 2018 Budget Year Finance Director Lance Hillis confirmed that the property tax rate will be much the same as it has been .036%. This motion passed unanimously with no discussion.
CB25, An Ordinance Adopting the City of Black Hawk 2018 Compensation Plan was presented to the Council by Melissa Greiner. With investigation to reveal staff salaries in 12 comparable cities, and averaging those starting salaries, it was recommended to make a 3.6% increase in city staff pay ranges. Council Bill 25 passed.
CB26, An Ordinance Amending Article IX of Chapter 4 of the Black Hawk Municipal Code by the Addition Thereto of a New Section 4-208 to Implement a New Category of Occupational Tax for Table Games Conducted by Live Dealers as Approved by the City of Black Hawk Voters. City Attorney Corey Hoffman spoke of the results of the November election approving the increase in tax for live table games, as is common in other gaming communities. The bill passed unanimously.
CB27, An Ordinance Amending Chapter 6, Article XVIII, of the Black Hawk Municipal Code to Impose a Requirement for a Minimum Number of Operating Hours on Retail Marijuana Establishments. With a limited of retail marijuana licenses available, and some not currently in operation, this council bill was intended to assure that those who did get a license used it. BCG27 requires that all new licenses obtained to sell medical or recreational marijuana in Black Hawk be open for business a minimum of at least thirty (30) hours per week and at least 49 weeks per year. They may be open as early as 8 am and close by midnight, and may be open 7 days a week. Current, cannabis retail stores in Black Hawk are Rocky Mountain Organics and 1859, so apparently, other licenses are not being utilized. Council passed this amended ordinance.
CB28, An Ordinance Approving the Intergovernmental Agreement Between the City of Black Hawk and the Gilpin Ambulance Authority Regarding Maintenance of the Authority’s Ambulances. Alderman Jim Johnson asked Steve Johnson, “How long have you been doing this? “The response indicated beyond measure. So with everyone recognizing the effectiveness of previous maintenance, Council Bill 28 passed unanimously.
The last public hearing topic took an extensive amount of time. 131 Main Street had two Resolutions to be considered. First, Resolution 69-2017, is a resolution conditionally approving the Minor Subdivision Plat Title Canyon Black Hawk Subdivision Filing #1. The approving of Resolution 69-2017 did not come as quickly as many Resolutions do in Black Hawk.
Vincent Harris presented to Black Hawk City Council documentation about the property seeking to be combined as a subdivision for the purpose of parking by the Canyon Casino. Harris is Planning Director with Baseline Engineering Corporation in Golden, contracted with the City of Black Hawk Planning Department to review land use plans, applications and documents. His presentation explained the properties, the needed excavation for the project, the conditions expected to be met by the owners, and appropriate answers to Council questions.
The owners listed in the application to dissolve property lines are JIJE, LLC in Golden. In the application the owners requested one address for the 38 lots requested to be combined into a new subdivision with the single address of 131 Main Street. The lots established in the 1800s originally as Black Hawk Subdivision, include: the Canyon Casino building and surface parking lots around the Gilpin Casino between Bobtail Road and Main Street. East/west boarders of the subdivision are lots next to the Gilpin Casino and the property designated as to be a landscaped park referred to as Dakota, The conditions discussed involved the excavation permit and public improvements needed to construct parking areas next to the Canyon Casino. Plans include the Canyon Casino and almost 400 parking spaces, 302 in a three level parking structure and an adjacent area 97 open ground level parking spots and Dakota as a pocket park. The owners have agreed to the specific conditions to make corrections such as typographical editing, obtain the permit for excavation, and to make public improvements regarding asphalt, current sidewalk, handicapped ramps and revisions to the Main Street median, a mid-block pedestrian crosswalk with push button light to stop traffic, storm sewers and driveway.
City Staff recommend benefits of establishing Minor Subdivision Plat Title Canyon Black Hawk Subdivision to consolidate right of ways and easements for the currently separate properties allowing optimal flow of traffic through the proposed parking area. The concerns regarding the plan had more to do with the intended construction plans rather than the elimination of internal property lines. With some concessions permitted by Black Hawk City Council regarding the covering of excavated mountain side and mention of 10 foot easements, 131 Main Street Subdivision was approved.
Resolution 69-2017 had many topics that were directed to be discussed in Resolution 70-2017. As Mayor Spellman introduced the next resolution, he made it abundantly clear that this resolution is not conditional as the previous one was. There is no room for negotiation of Resolution 70-2017, it must be approved completely as presented, so it did not pass, but was suspended until January 10, 2018.
Resolution 70-2017, is a Resolution Conditionally Approving a Certificate of Appropriateness and Site Development Plan to Construct a Parking Lot, Parking Garage, and Approve Variances from the Zoning Ordinance. David Grunenwald spoke with the Alderman about the plans for 131 Main Street. He is VP of Development with Jacobs Investments, and relayed the process of investing in the project to create Dakota/ Canyon, LLC/ Jacobs Entertainment, LLC. Now that the property is united, the plans for construction can only begin once the Certificate of Appropriateness (COA) is approved by Black Hawk’s City Council.
The initial application was made August 4, 2017, requesting to demolish existing walls, major excavation, construction of the garage and surface lot, rock walls, landscaping and the previously mentioned public improvements. With the COA approved, the existing parking area and hillside would be excavated for the 3-level parking garage, retaining wall, grading and landscaping for the surface parking lot. The applicant has requested two variances to the newly established zoning standards regarding a 10 foot set back required in the front yard and the required landscape buffer in that setback. City staff has worked with the applicant to attempt to resolve issues that would not allow the approving of the COA. Not all were resolved before seeking City Council approval.
Bob Schnautz with River Studio Architects in Denver brought posters on a tripod to display plans for the City Council when Grunenwald requested further explanations. There was less discussion about the parking garage architecture being appropriate and more discussion about the appearance of a new building needing to have the style of 1800’s with curved windows for example, rather than the lines found in more contemporary constructions. Grunenwald had hoped to establish himself as an historical preservationist, not one to construct a new building to look like an old one. There was much discussion about the sculpted rock cut treatment and mesh covering of shotcrete over exposed excavated areas. There was also an apparent misunderstanding of the need to consider potential flooding being right on North Clear Creek so that also remains an unresolved issue. City staff did not recommend approval of some components of the Site Development Plan (SDP) so the plan is requested to be completely compliant with standards before being approved. Neither the COA or SDP were approved in this first appearance before Black Hawk City Council.
Resolution 71-2017, A Resolution adopting the 2018 City of Black Hawk Fee Schedule is an ordnance levying general property taxes for the year 2017 to help defray the costs of government for the City of Black Hawk, Colorado for the 2018 budget year. There is little change to the mill levy figure of .036 % with $8,740 needed to balance the budget from property tax revenue. Resolution 71-2017 passed.
Resolution 72-2017, A Resolution Approving an On-Call Professional Services Agreement with SAFEbuilt Colorado LLC, presented by Community Planning and Development Administrator Cynthia Linker. This also passed with no discussion.
Resolution 73-2017, A Resolution Approving Change Order #4 for the St. Charles Carriage House in the Amount of $229,650 for Rock Excavation. The original estimation was for 500 cubic yards to be excavated, however it took 1,930 cubic yards to be excavated to complete the task. This resolution passed.
Resolution 74-2017, A Resolution approving the second addendum to the agreement for transit related services for the Black Hawk & Central City Tramway for 2018 Between MV Transportation, Inc. and the City of Black Hawk. After some discussion to understand the addendum this also passed.
Resolution 75-2017, A Resolution approving a License Agreement Between the City of Black Hawk and Jefferson County Open Space for the replacement of the Augmentation Station worn by age which is owned and operated by the City of Black Hawk to return water from the Church Ditch to Clear Creek. This passed with no discussion.
Resolution 76-2017, A Resolution Approving Certain Service Agreements for Calendar Year 2018 which identified seven different agencies that had provided services for the City of Black Hawk from surveying to excavation. This passed with no discussion.
Resolution 77-2017, A Resolution Authorizing the Return of Grant-Funded Microwave Equipment. Black Hawk Police Chief Stephen Cole stated that the equipment was grant funded and was not used, since it did not cost us anything there is no concern for any amount of money. The Council approved the return of the equipment.
Resolution 78-2017, A Resolution Authorizing the Donation of 11 Kenwood Portable Radios and Associated Equipment to the Timberline Fire Protection District, with appreciation noted for the availability of equipment that was compatible to be used on job sites. Fire Chief Don Taylor says these can be used by new fire fighters but do not have the capacity to meet department’s requirements for emergency notification and personnel identification. This was also approved.
Resolution 79-2017, A Resolution Approving the Sixth Addendum to Personal Services Agreement with 5280 Strategies, LLC to again renew the Lobbyist Contract as has occurred each year since 2010, approved.
Resolution 80-2017, A Resolution Adopting the 2018 Holiday Schedule, passed
Resolution 81-2017, A Resolution Adopting the 2018 City Council Regular Meeting Schedule to meet twice a month. Discussion to vacate the second meeting in November and December was agreed upon before passing.
Resolution 82-2017, A Resolution Approving the 2018 Contract with Pinnacol Assurance for Workers’ Compensation Insurance, approval passed to pay $132,012.
Resolution 83-2017, A Resolution Approving the Proposal from the Colorado Intergovernmental Risk Sharing Agency (CIRSA) for 2018 Property Casualty Coverage. Melissa Greiner explained that CIRSA presented a preliminary quote of $203,933 for the annual renewal of the 2018 Property Casualty Insurance. However, the impact of loss experience increased the quote by $7,873 bringing the amount of the 2018 Preliminary Quotation before credits to $211,806. The City of Black Hawk actively works to control losses and this year earned $4,641 in Loss Control Credits. This credit will be used to bring down the 2018 contribution to $207,165 which results in a 3.9% increase over 2017 coverage. This was approved.
City Manager Jack Lewis reported about Annual Bonus Approval and the Council selected new wildlife banner that did not include bighorn sheep.
City Attorney Corey Hoffman said that there would be two brief topics in executive session.
Just before adjournment, the two cakes to celebrate milestone birthdays were approved to be cut while the Council moved to executive session.
This meeting adjourned at 4:20 pm. The next Black Hawk City Council meeting will be at 3 pm on January 10, 2018 at 211 Church Street in Black Hawk, Colorado.