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Black Hawk to increase historic restoration projects

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2019 Budget Approved

By Randy Beaudette

Vince Harris from Baseline Engineering rang the bell promptly at 3:00 p.m. to signify the start of another Black Hawk City Council meeting, November 14, 2018. Mayor Spellman called the Black Hawk City Council to order followed by Roll Call, then led in the Pledge of Allegiance.

Council members that were present Aldermen: Linda Armbright, Paul Bennett, Jim Johnson, Hal Midcap, Greg Moates, and Benito Torres were all present. Also present were City Attorney Corey Hoffmann, Acting City Manager Stephen Cole, Acting Police Chief Kenneth Lloyd, Fire Chief Christopher Woolley, City Clerk/ Administrative Services Director Melissa Greiner, Finance Director Lance Hillis, Public Works Director Tom Isbester, and Deputy City Clerk Michele Martin

City Attorney Hoffmann asked Council to declare any Conflicts of Interest on any issue appearing on the agenda that afternoon 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 folks in the audience.

Approval of Minutes

Black Hawk City Council approved the meeting minutes from October 24th and October 29th with no changes or corrections.

PUBLIC HEARINGS

Mayor Spellman opened up the Public Hearing portion of the meeting.

2019 Budget Resolution (Resolution 67-2018) 

Finance Director Lance Hillis presented Black Hawk’s 2019 budget to the Board of Aldermen. This is 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 2019 and ending on the last day of December 2019, appropriating sums of money to various funds and spending agencies in the amount, and for the purposes set forth. Black Hawk City Council approved Resolution 67-2018 unanimously. For a complete copy of the 2019 budget go to: http://www.cityofblackhawk.org/files/1715/4180/4248/2018.11.14_Packet.pdf

Property Tax Ordinance (CB26/ Ordinance 2018-26)

Black Hawk City Council also approved CB 26 which is a Council Bill that will levy General Property Taxes for the Year 2018 to help defray the costs of government for the City of Black Hawk, Colorado for the 2019 Budget Year. For the purpose of meeting all general operating expenses of the City of Black Hawk during the 2019 budget year, there is a levied tax of .0356 mills upon each dollar of the total valuation for assessment of all taxable property within the City of Black Hawk for the year 2018.

Compensation Plan (CB27/ Ordinance 2018-27)

City Clerk/ Administrative Services Director Melissa Greiner presented CB27 which is a Council Bill that will adopt the new 2019 Compensation Plan which includes a 2.88% increase to current salary ranges as outlined in the Plan. The increase is based on the overall average difference between the 2017 and 2018 minimum salaries of the designated survey cities. Black Hawk Aldermen passed CB27 unanimously.

Television Franchise Agreement (CB29/ Ordinance 2018-28)

December 1, 2010, the City entered into a ten (10) year non-exclusive cable television franchise agreement with CAP Cable, LLC, a Colorado Limited Liability Company, known locally as USA Communications, which agreement expires December 1, 2020. In anticipation of the expiration of this non-exclusive cable television franchise agreement, the City and agents of CAP Cable, LLC, engaged in negotiations. The City and CAP Cable, LLC, reached agreement on extending the term of the agreement without modifying the substance of the franchise agreement. Black Hawk City Council approved the agreement extension.

Transportation Grant Agreement (CB29/Ordinance 2018-29)

Due to difficulties in keeping rural transit systems funded, The Federal Transportation Administration (FTA) through CDOT has opened up a funding opportunity to assist with operations. This is a 50% match grant, not to exceed $112,890 from the grant. The intent is to apply for reimbursement for a portion of the contract operator costs each month until the grant is exhausted. Black Hawk Aldermen approved Council Bill 29 unanimously.

Restoration and Preservation Guidelines (CB30/ Ordinance 2018-30)

Colorado Constitution Article XVIII, § 9(5)(b) provides that the City of Black Hawk may expend monies from their twenty percent (20%) of the state historical fund for the “preservation and restoration” of the City of Black Hawk. The City previously adopted Ordinance No. 2003-09, legislatively determining guidelines from the twenty percent. The City of Black Hawk, along with the Cities of Central and Cripple Creek, were the subject of a performance audit conducted by the Colorado Office of the State Auditor. The Performance Audit addressed the expenditures of all three (3) cities that receive a portion of the twenty percent, and the Performance Audit found that even using a narrow meaning of the term historic preservation, that only five percent (5%) of the expenditures of the City of Black Hawk were outside the common narrow meaning of the term historic preservation. Based on information learned in the Performance Audit, and based on the City’s experience in administering the twenty percent over twenty-five (25) years, the City desires to update the types of projects located within the City of Black Hawk that qualify as being for the “preservation and restoration” of the City of Black Hawk. Black Hawk City Council approved the repealing and reenacting of the City of Black Hawk’s guidelines for restoration and preservation projects.

Architectural Assets Amendment (CB31/Ordinance 2018-31)

Black Hawk City Council also approved an Ordinance Amending Section 16-368 of the Black Hawk Municipal Code and Amending Article XIX of Chapter 16 of the Black Hawk Municipal Code to clarify the roles of the Historic Preservation Commission and the City Council in protection of the City’s architectural assets. On April 22, 2009, under Council Bill 13, Ordinance 2009-13, City Council repealed Sections 16- 327 and 16-368 of the Black Hawk Municipal Code, amending section 16-6 of the Code and by the addition of a new Article XIX to Chapter 16 regarding Historic Preservation. Council Bill 31, Ordinance 2018-31 does not introduce a new process, but more accurately provides parameters and clarifications on existing processes related to Certificates of Appropriateness and design review.

Permanent Air Quality Monitoring Station MOU (CB32/Ordinance 2018-32)

CB32 is Ordinance approving the Memorandum of Understanding (MOU) between the City of Black Hawk and the Colorado Department of Public Health and Environment (CDPHE)-Air Pollution Control Division for the installation of an air quality monitoring station. The City has been working with the CDPHE for several years regarding air quality monitoring. CDPHE had a temporary ozone monitoring station on Miner’s Mesa last year and now they would like to install a more robust site that can monitor more air quality issues. They would like the site to be in place for five years of data acquisition. The site will be about the size of a Tuff Shed and will be installed in the RV storage lot on the Mesa. CDPHE will be responsible for the installation and maintenance of the site. Black Hawk City Council approved the MOU unanimously.

Certificate of Appropriateness (CofA)(Resolution 68-2018)

Black Hawk City Council approved a Certificate of Appropriateness for the construction of a 192 square foot additional pedestrian access point and exterior vestibule for V.I.P entry at the rear of the Gilpin Casino located at 111 Main Street.

Records Retention Schedule (Resolution 69-2018)

The City of Black Hawk has previously adopted the Colorado State Archivist’s Municipal Records Retention Schedule (CMRRS); however, the schedule was updated in 2016 to Supplement 12. Staff is requesting approval to incorporate additional revisions of the CMRRS as approved by the Colorado State Archivist and will at all times have a copy available for review in the Clerk’s Office. Staff seeks approval of the proposed Black Hawk Data Disposal, Safety and Breach Policy in compliance with state law , C.R.S. § 24-73-101, et seq., which requires the City to adopt written policies for the disposal of documents containing Personal Identifying Information and to specify the notification procedures to Affected Residents during a Security Breach. Black Hawk City Council approved Resolution 69-2018 unanimously.

Repealing the Waiver of Use Tax (Resolution 70-2018)

Black Hawk City Council approved the repealing of Resolution 27-2018. On April 11, 2018 City Council approved Resolution No. 27-2018 waiving the Use Tax on certain renovation projects at existing licensed gaming premises.

Utility Easement (Resolution 71-2018)

Black Hawk City Council approved a Permanent Utility Easement Agreement with James Fahrni on Block 14, Lot 1 for undergrounding of utilities along Chase Street. The City is working with XCEL to bury underground the utilities along Chase Street. The design for the project requires that a switch cabinet be installed at the corner of Dubois and Chase. This easement will allow the switch cabinet to be installed.

City Manager’s Report

Acting City Manager Stephen Cole requested a discussion with Black Hawk City Council on the subject of a Holiday Bonus for Black Hawk Employees. After a short discussion, Black Hawk elected officials, Staff, and Employees will receive a $300 Holiday Bonus.

City Attorney’s Report

City Attorney Hoffmann recommended a brief executive session to determine positions relative to matters that may be subject to negotiations, develop a strategy for negotiation, and/or instruct negotiators pursuant to CRS 24-6-402(B)

Next Meeting

The next Black Hawk City Council meeting will be held on November 28, 2018 at 3:00 p.m. at 211 Church Street, Black Hawk, Colorado.

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