End of year business includes sidewalk maintenance, MJ rules, fire and ambulance IGAs, PD recruit training, taxes, and shuttle bus service
By Randy Beaudette
The Black Hawk City Council faced a long year-end agenda that will clean up some items before the holidays. A sample of the highlights include an amendment to the City code clarifying the responsible party for sidewalk maintenance, the 2020 Pay Plan, and a resolution adopting 2020 Council Regular Meeting and Holiday schedule.
City Clerk/Administrative Services Director Melissa Greiner aggressively rang the vintage church bell promptly at 3:00 p.m. that announced the start of the Black Hawk City Council meeting. Mayor Spellman called the meeting to order followed by Roll Call, then led in the Pledge of Allegiance.
Council members that were present Alderwoman: Linda Armbright, Aldermen Paul Bennett, Jim Johnson, Hal Midcap, Greg Moates, and Benito Torres. Also present were City Attorney Corey Hoffmann, City Manager Stephen Cole, Police Chief Kenneth Lloyd, Fire Chief Christopher Woolley, Finance Director Lance Hillis, Public Works Director Tom Isbester, Planning and Development Director Cindy Linker, and City Clerk/ Administrative Services Director Melissa Greiner, and Deputy City Clerk Michele Martin.
City Attorney Hoffmann asked Council to declare any Conflicts of Interest on any issue appearing on the agenda other that than those already disclosed and filed with the City Clerk and Secretary of State. There were no objections from the City Council or from the onlookers in the chambers.
2020 Pay Plan (Council Bill 27)
Black Hawk City Council approved Council Bill (CB) 27which approves the 2020 Black Hawk Pay Plan. In that plan is a 3.41% increase to current salary ranges as outlined on the attached City of Black Hawk 2020 Draft Salary Range. The 2020 approved Budget included the 3.41% increase. The increase is based on the overall average variance between the 2018 and 2019 minimum salaries of the designated survey cities, which was +3.41%. Per the approved Compensation Policy, staff will receive a 3.41% market adjustment effective January 1, 2020. For the Community Planning & Development Organizational Structure, the City contracted HR Green, Inc. in June of 2019 for an Organizational Assessment of the Community Planning & Development Department. HR Green recommended replacing the existing Executive Administrative Assistant position with a permit technician position or similar. The goal is to reduce specialization for the two employees in this small department and classify both employees at the same level to improve department flexibility and service. HR Green also recommended a proposal of a new job description titled Development Services Coordinator. The responsibilities of the current Executive Administrative Assistant and the Permit Technician positions will be combined into the new position. The two existing positions will have the same job description, salary range, and certification requirements. The job duties and responsibilities will be divided between the two support staff members to manage the day-to-day operations. Staff will be cross-trained on all duties including the administration of the Historic Preservation Commission for more productivity and better customer service.
Municipal Code Amendment (CB28/Ordinance 2019-28)
An amendment to Article XVIII, Chapter 6 of the Black Hawk Municipal Code regarding Retail Marijuana Establishments was brought before The Black Hawk City Council. Section 1. Section 6-555, subsection (a) of the City of Black Hawk Municipal Code is amended by the addition of a new definition to read as follows: Sec. 6-555. Definitions (a) For purposes of this Article, the following terms shall have the following meanings. * * * Controlling Beneficial Owner shall have the same meaning as provided in the Colorado Retail Marijuana Code and any rules and regulations that may be promulgated by the Colorado Department of Revenue. Section 2. Section 6-564, subsection (a) of the City of Black Hawk Municipal Code is amended by the deletion of subsections (a)(8) through (a)(10), and the remainder of subsection (a) is renumbered accordingly. Section 3. Section 6-564, subsection (b) of the City of Black Hawk Municipal Code is amended by the deletion of subsection (b)(3), and the remainder of subsection (b) is renumbered accordingly. Section 4. Section 6-570, subsection (b) of the City of Black Hawk Municipal Code is hereby amended to read as follows: Sec. 6-570. Change in manager; change in financial interest. (b) Each licensee shall report in writing to the local licensing authority any change in the license holder’s Controlling Beneficial Owner(s) within forty five (45) days of the change. A report shall be required for any transfer of the capital stock of a public corporation totaling more than ten percent (10%) of the stock in any one (1) year, as well as any transfer of a controlling interest in the corporation whenever a sufficient number of shares have been transferred to effectuate the transfer of a controlling interest. No person having or acquiring a financial interest in the retail marijuana store that is the subject of a license shall be a person who has discharged a sentence for a felony conviction within the past five (5) years, or who has been convicted of a felony for drug possession, distribution or use, unless such felony drug charge was based on possession or use of marijuana or marijuana concentrate that would not be a felony if the person were convicted of the offence on the date he or she applied for the license. City Council approved CB 28 unanimously.
Sidewalk Maintenance (CB29/Ordinance 2019-29)
City Council approved an amendment to Section 11-2 of the Black Hawk Municipal Code regarding Sidewalk Maintenance.
Sec. 11-2. Titled, The Removal of snow and ice from sidewalks; maintenance responsibility. (a) Every person in charge of or in control of any building or lot of land within the City fronting or abutting on a sidewalk, whether as owner, tenant, occupant or otherwise, shall remove and clear away, or cause to be removed and cleared away, snow and ice from the portion of any sidewalk that fronts or abuts any building or lot of land, within six (6) hours after the cessation of any snowfall. In the event that ice is present on the sidewalk which cannot be safely removed without damaging the sidewalk, the person or entity charged with the snow removal shall put sand or other abrasive material on the sidewalk to make travel thereon reasonably safe, and shall clean such sand or abrasive material from the sidewalk as soon as weather permits. (b) For purposes of this Section 11-2 and Article I of Chapter 11, the maintenance responsibility of the owner, tenant, occupant or otherwise, including removal of snow and ice shall be as follows: (1) From the back of curb both horizontally and vertically to the building shall be the responsibility of the owner, tenant, occupant or otherwise; (2) If a wall or other building structure including drainage appurtenances such as a roof drain or a sidewalk chase is located on or within the curb, the owner, tenant, occupant or otherwise shall maintain such curb, including the gutter thereon; (3) Any non-standard curb in terms of either height or width, and any ramp or stairway extending to the gutter shall be maintained by the owner, tenant, occupant, or otherwise; 75 of 156 2 (4) The horizontal surface of any drainage inlet within a sidewalk shall be maintained by the owner, tenant or occupant; (5) Regardless of location relative to the back of curb, the City shall not be responsible for any area of the right-of-way in which a property owner has installed heated facilities in any such area; and (6) The City shall be responsible for any gutters and drainage facilities within the public right-of-way that are not located within the area of responsibility of the owner, tenant, occupant or otherwise as set forth in this Section 11-2.
Intergovernmental Agreement (IGA) (CB30/Ordinance 2019-30)
A Council Bill brought before Black Hawk City Council authorizes an Intergovernmental Agreement (IGA) between the City of Black Hawk Fire Department and the Timberline Fire Protection District for the completion of fire inspections, plan review, and life safety system testing by the Black Hawk Fire Department’s Fire Inspector within the jurisdictional boundaries of the Timberline Fire Protection District. Currently, the Black Hawk Fire Department Fire Inspector is assisting the Timberline Fire Protection District by conducting fire and life safety plan review, fire inspections, and system testing under a verbal agreement between previous agency management. This is rooted in Timberline’s limited staffing and the lack of a fire inspector certified to perform the abovementioned functions. This proposed intergovernmental agreement is intended to formalize the agreement between the two agencies. Additionally, it aims to establish fees, based on the current version of the City of Black Hawk Fee Schedule, at time of inspection, to be paid to the City of Black Hawk Fire Department by the Timberline Fire Protection District. Black Hawk City Council approved CB30 unanimously.
Intergovernmental Agreement (IGA) (CB31/Ordinance 2019-31)
Another Council Bill Brought before Black Hawk City Council authorizes an execution of the Intergovernmental Agreement between the City of Black Hawk and the Gilpin Ambulance Authority regarding fleet maintenance services for 2020. The City provides fleet maintenance for the Gilpin Ambulance Authority. The Authority utilizes the City Fleet Maintenance Department for all of their routine service as it is convenient and cost effective. An informal survey of in town shops was conducted to verify our hourly rate was extremely competitive. The Fleet rate is set at $105/hour billed in full one hour increments. All parts are invoiced to the Authority at cost. Black Hawk City Council approved CB31 unanimously.
Black Hawk Police Recruit Training (CB32/Ordinance 2019-32)
Black Hawk City Council approved CB32 which is Police Recruit Training agreement between the City of Black Hawk and City of Lakewood to have Police Recruits from Black Hawk attended the Lakewood and Jefferson County Joint police academy, not to exceed $6,509 per Police Recruit. The Police Department allows required applicants to be Colorado POST certified prior to applying for a police officer position. Over the past several years the Police Department has been unable to fill police officer positions due to the lack of qualified police applicants and the number at public academies have reduced. By sending police recruits to a joint regional police academy, it offers an addition group of possible applicants, who has not yet attended a police academy and the cost of the academy is lower than the public sector academy.
Tax Levy on General Property (CB24/Ordinance 2019-24)
Ordinance 2019-24 is an Ordinance levying the General Property Tax for the Year 2019 to help defray costs of government for the 2020 budget year. This ordinance sets the City’s property tax mill levy at .035 mills for 2019, to be collected in 2020. Black Hawk City Council approved CB-24 unanimously.
Central City Black Hawk Transit Agreement Addendum (Resolution 78-2019)
Resolution 78-2019 is a Resolution authorizing the execution of the Forth Addendum to the Agreement with MV Transportation Inc. The City of Black Hawk and the City of Central have agreed to continue the combined service of the Black Hawk & Central City Tramway for another year. The shuttle bus will continue to circulate through both cities on a specific route with specific stops. The route takes approximately 30 minutes to complete. A single bus will continue to operate Monday through Thursday and two buses will continue to operate Friday through Sunday and holidays. The City did receive a grant from CDOT to help defray the costs for operations for 2020 that council approved at the November 13th council meeting. The costs associated with this addendum include a 3% increase over last year. Black Hawk City Council approved Ordinance 78-2019 unanimously.
Lobbying Services Agreement Addendum (Resolution 79-2019)
Black Hawk City Council approved Resolution 79-2019 which is a Resolution Approving the Eighth Addendum to Personal Services Agreement with 5280 Strategies, LLC. 5280 Strategies, LLC has been the City’s Lobbyist since 2010. There is no increase in fees for 2020.
Black Hawk City Council Meeting and the Holiday Schedule (Resolution 80 and 81)
City Council also approved both Resolution 80-2019 a Resolution Adopting the 2020 City Council Regular Meeting Schedule and Resolution 81-2019 which is a Resolution Adopting the 2020 Holiday Schedule. Both may be viewed the City of Black Hawk web site at http://www.cityofblackhawk.org
2020 Workers’ Compensation Insurance
Black Hawk City Council approved Resolution 82-2019 which is a Resolution approving the contract as quoted for the 2020 Workers’ Compensation Insurance with Pinnacol Assurance in the amount of $143,662. Pinnacol’s quote for Workers’ Compensation coverage for 2019 is 13% lower than our 2018 premium even though the City’s payroll increased by 4%. The decrease is a result of a significant overall rate decrease by Pinnacol Assurance, and the City’s Experience Modification Factor which decreased by 1 point.
Gregory Street Project Agreement Amendment (Resolution 84-2019)
Resolution 84-2019 is a Resolution approving Amendment No. 3 to the Construction Manager/ General Contractor Agreement for the Gregory Street Plaza project. Amendment No. 3 would add scope and increase the Guaranteed Maximum Price (GMP) for the purpose of rehabilitating the exterior of the Rocky Mountain Evangelical Free Church located at 331 Gregory Street. City Council approved a Construction Manager/General Contractor (CMGC) contract with Roche Constructors, Inc. on February 27, 2019 to complete preconstruction services for the Gregory Street Plaza project. City Council approved Amendment No. 1 to this Agreement on July 10, 2019 that authorized Roche Constructors to move the McAfee, Woodbury, and Norton Houses off their foundations and procure the precast sections of concrete box culvert necessary to reconstruct the flume between High and Church Streets. Then, on September 25, 2019, City Council approved Amendment No. 2 to this Agreement that authorized building and site construction throughout the Gregory Street Plaza. Amendment No. 3 to the Agreement will add exterior paint removal and masonry rehabilitation at the historic church building located at 331 Gregory Street to the Gregory Street Plaza project. The increase in the GMP due to the additional scope included in Amendment No. 3 is $535,800. This would bring the overall project GMP to $13,141,552. The Motion for resolution 84-2019 was approved unanimously.
City Manager’s Report
City Manager Stephan Cole presented final 2019 approval request for City Council. A 3% of Base Pay bonus for all Black Hawk Employees in which they did approve.
City Attorney’s Report
City Attorney Corey Hoffmann recommended that Council go into Executive Session per CRS 24-6-402 (4)( b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions. Motion passed and City Council went into Executive Session at 3:40 p.m.
The next Black Hawk City Council meeting will be January 8, 2020 at 3:00 p.m. located at 211 Church Street, Black Hawk, Colorado.