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Miners Mesa development plans in Black Hawk

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Employee health and dental insurance discussions

By Randy Beaudette

Highlights of the Regular online meeting of the Black Hawk City Council includes rezoning of Block 1 of Miners Mesa Subdivision, an extension of the Order Declaring a Local Disaster Emergency, and a revision to the Job Description for Police Chief.

Mayor Spellman called the Council to order followed by Roll Call and an online Pledge of Allegiance. Roll call revealed Council members that were present online included Linda Armbright, Paul Bennett, Jim Johnson, Greg Moates, Hal Midcap, and Benito Torres. Also present online were City Attorney Corey Hoffmann, City Manager Stephen Cole, City Clerk/ Administrative Services Director and webinar host 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 anyone online.

Approval of Minutes

Black Hawk City Council approved the meeting minutes from the April 22, 2020 Regular meeting with no corrections or amendments.

Miners Mesa Rezone (Ordinance 2020-12)

Black Hawk City Council approved an Ordinance approving the rezoning of Lot 1 Block 1 Miners Mesa Subdivision Filing No 4 from Hillside Development (HD) to Commercial/ Business Services (CBS). On December 27, 2019 the City of Black Hawk received an application request for a Rezoning of property from Dalton Horan of Ventana Capital on behalf of Club Vista Properties II, LLC. The request involves the rezoning of Lot 1, Block 1 of Miners Mesa Subdivision Filing No 4, a 47.7-acre lot located on Miners Mesa Road just north of the City’s Public Works office building. The request is to rezone the property from the Hillside Development (HD) zone district to the Commercial/ Business Services (CBS) zone district. The concept plan for development (original plan provided in July 2019) includes RV camping, event center, mini-warehouse storage, and an indoor shooting range, none of which are permitted uses in the Hillside Development district. The applicant’s concept plan has been evolving since July 2019, but the rezone request to the CBS district remains unchanged. Regardless, formal development plans submitted in the future will need to comply with the CBS district regulations and processes. The property is mostly vacant, but includes some areas of paved asphalt for parking. Formerly used by tour buses for the casinos, this parking is no longer used or needed. In addition, there are a few historic structures on the southeast corner of the property. These structures are protected by an existing 1 acre Historic Preservation and Conservation Easement. The Historic Easement has been recorded with the Gilpin County Clerk at Book 588, pages 72-75. The applicant and property owner are aware of this easement and will coordinate future development plans taking it into consideration. The property also contains an existing helipad. The plat indicates a Helipad License Agreement, but does not contain recording information. Staff researched records and correspondence in order to discover if a helipad license agreement was ever executed and recorded, but no such document was found. The Black Hawk Fire Chief has indicated that the Fire Department does not wish to maintain this helipad in this location or any other location on Miners Mesa, and has asked that staff prepare a request to City Council to release any interest in the area. Since the helipad is registered with the FAA, the Fire Chief will also need to file paperwork with the FAA indicating abandonment of the helipad.

Rezoning Request (Resolution 26-2020)

Presented before the City Council, a Resolution approving City of Black Hawk, Block 28 Amendment No. 1, a Minor Subdivision Plat creating 2 lots within portions of Lots 2, 3 and 4 and all of lots 5 through 8, Block 28, City of Black Hawk. On February 21, 2020 Matt Reed, on behalf of the City of Black Hawk, submitted an application request for a 2-lot Minor Subdivision for property located at 201 Selak Street and 211-221 Gregory Street. The property owners, the City of Black Hawk and the Black Hawk Urban Renewal Authority, wish to adjust the lot lines in order to make two lots. One lot will be for the existing City Hall building at 201 Selak Street. The other lot will be for the existing building at 221 Gregory Street and the 211 address will no longer be used. The properties consist of approximately 0.45 acres within portions of Lots 2, 3 and 4 and all of lots 5 through 8, Block 28, City of Black Hawk. The City of Black Hawk, in conjunction with the Black Hawk Urban Renewal Authority, has plans to renovate the building at 221 Gregory Street with the purpose of creating four retail spaces within the one building. Previously, the building had three different ownerships over three different lots. The Black Hawk Urban Renewal Authority now owns all three properties and desires to consolidate them into one building and one lot. In addition, the City, as owner of the property located at 201 Selak Street desires to consolidate the original lots of Block 28 into a single lot for City Hall in order to make it a legal lot of record. In addition, the boundary between the two sites is being adjusted. Black Hawk City Council approved Resolution 26-2020 unanimously.

Certificate of Architectural Compatibility (Resolution 27-2020)

Black Hawk City Council made a motion and approved Resolution 27-2020, a Resolution approving a Certificate of Architectural Compatibility for the rehabilitation of the building located at 221 Gregory Street. On January 29, 2020 the City of Black Hawk submitted an application request for a Certificate of Architectural Compatibility (COAC) for the rehabilitation of buildings located at 211-221 Gregory Street herein referred to only as 221 Gregory Street. The City, in conjunction with the property owner, Black Hawk Urban Renewal Authority, wishes to perform adaptive reuse and renovation of the existing two-story building. Historically there were three separate buildings and three separate owners. The three buildings were renovated with additions in 1992 and became two casinos – the Eureka and the Lucky Star. The buildings were renovated again in 1997 to become one casino – the Eureka. The building is now vacant. The City and property owner have plans to convert the building into four retail spaces with a shared common area including restrooms and an elevator.

Extension of the Emergency Disaster Declaration

Resolution 37-2020, A Resolution Consenting to and Extending the Order Declaring a Local Disaster Emergency in response to the COVID-19 outbreak in and for the City of Black Hawk, Colorado.

Releasing City interest in the Helipad License Agreement

Resolution releasing City interest in the Helipad License Agreement was introduced to Council which is located on Miners Mesa as shown on Lot 1 Block 1 Miners Mesa Subdivision Filing No 4.  In conjunction with the rezoning of Lot 1 Block, 1 Miners Mesa Subdivision Filing No 4, the City of Black Hawk has researched and reviewed the City’s use and interest in the helipad currently existing on said Lot. Said subdivision plat indicates a Helipad License Agreement, but lacks the necessary recording information. No evidence has been discovered showing that the license agreement was ever executed or recorded. The City of Black Hawk Fire Chief has indicated a desire to release interest in the unverified license agreement for the site and abandon the helipad. Once the City Council releases the Helipad License Agreement, the Fire Chief will file papers with the FAA, indicating abandonment of the helipad site.

Comprehensive Sign Plan Agreement (Resolution 39-2020)

A License Agreement for the Isle of Capri/ Eldorado Casino Comprehensive Sign Plan was reintroduced to Council members. On August 14, 2019, the City Council passed Resolution No. 50-2019 conditionally approving an amendment to the Isle of Capri/ Eldorado Casino Comprehensive Sign Plan (CSP). The original CSP was approved on June 24, 2014 by Resolution No. 45-2014. During review of the amendment to the CSP in 2019, it was discovered that the property line had not been included in the original CSP. Because the CSP amendment included a new monument sign and a new blade sign, City Council conditioned approval of the amended CSP on two items: 1) That the property line must be added to the site plan of the Comprehensive Sign Plan, and specific dimensions shall be included indicating the distance from the property line to the façade of the building along Main Street, and the proposed setback from each property line to the sign face and 2)  If any signs are determined to be located in, or protrude upon, the City owned right-of-way, a License Agreement with the City of Black Hawk will be required prior to issuance of building permits for such signs, which License Agreement shall require separate City Council approval; The property line has been added to the amended CSP and it has been determined that the blade sign will not protrude into the Main Street right-of-way. However, the proposed monument sign will be located entirely in the Miners Mesa right-of-way and therefore requires a License Agreement. The License Agreement has been prepared by staff, reviewed by the City Attorney and will be signed by the property owner prior to the May 13, 2020 City Council meeting. Black Hawk City Council approved Resolution 39-2020 unanimously.

Historic Committee Electronic Participation (Resolution 40-2020)

This Resolution would allow Electronic Meeting Participation Policy for the Historic Preservation Commission meetings. The purpose of the policy is to specify the circumstances under which a member of the Historic Preservation Commission may participate in regular and special meetings by telephone or other electronic means of participation, such as video-conferencing. Black Hawk City Council approved Resolution 40-2020 unanimously.

Black Hawk Employees CIGNA Coverage (Resolution 41-2020)

CIGNA Insurance offered the City of Black Hawk a 2020-2023 Ancillary Coverage (Basic/ Voluntary Life, AD&D, Short Term Disability, and Long Term Disability) for City Employees. CIGNA has offered to renew the ancillary lines of coverage with a rate guarantee for the next three years with rates lower than our current premiums:

–Basic Life and AD&D (-11.1%): renewal rates are about $3,700 below current

–Short Term Disability (-9.1%): renewal rates are about $2,000 below current

–Long Term Disability (-9.4%): renewal rates are about $2,000 below current

This is approximately a $7,700 savings from current rates, the final annual cost is based on actual enrollment numbers. Staff budgeted for a 10% increase at renewal for plan year July 1, 2020 – June 30, 2021. Black Hawk City Council also approved Resolution 41-2020 unanimously.

Dental Insurance for Black Hawk Employees (Resolution 42-2020)

Black Hawk City Council unanimously approved Resolution 42-2020 which is a Resolution Approving the Contract with Delta Dental in the Estimated Amount of $122,522 for Group Dental Insurance. In 2019, the City’s benefits broker, IMA of Colorado, worked with Delta Dental to recategorize the City’s plan to a large group due to increased staffing, which resulted in a decrease in premium of 8.2% for the 2019-2020 plan year. The increases noted below are due to claims utilization for the current plan year were 102% of premiums paid, and Delta Dental has imposed across the board rate increases for all lines of business in Colorado for all renewals in 2020. The estimated annual cost is based on current enrollment. The City had expressed interest in increasing the maximum benefit for dental coverage. Delta proposed the following options for renewal for the 2020-2021 plan year:

–Staying with the current annual benefit of $2,000 = 12.5% increase or $122,522 annually ($13,613 increase)

–Increased the annual benefit to $2,500 = 16.5% increase or $126, 986 annually ($18,076 increase)

–Increasing the annual benefit to $3,000 =19.6% increase or $130, 2019 ($21,310 increase).

Resolution 42-2020 will allow staying with the current benefit of $2,000 due to budget constraints brought on by COVID-19. Staff budgeted for a 10% increase at renewal for plan year July 1, 2020 – June 30, 2021, but the City has savings from the Medical and Ancillary budgeted amounts to cover the difference. They also pursued the feasibility of moving from a fully-funded plan to a self-funded plan. However, the potential risks for moving to a self-funded plan did not outweigh the minimal potential savings.

Health Insurance for Black Hawk City Employees (Resolution 43-2020)

Black Hawk City Council also approved a Resolution Approving the Contract with Kaiser Permanente in the Estimated Amount of $1,116,662 for Group Health Insurance. Kaiser Permanente (KP) presented a quote for health care coverage for the 2020-2021 plan year with a rate increase of 6.9% with no plan design changes except for legislatively mandated changes. The City budgeted for a 15% increase, which is the maximum rate increase KP can take under their rate capping guidelines. The quoted estimated annual cost is based on current enrollment. Current employer HSA/457 contributions will remain in place for the new plan year. The spousal surcharge/incentive programs will also continue.

Revised job description for Police Chief (Resolution 44-2020)

Resolution 43-2020 is a Resolution Revising a Job Description for Police Chief. Revisions to the current job description for Police Chief as follows: Any combination equivalent to the experience and education that could likely provide the required knowledge and abilities is qualifying, a Bachelor’s degree from a regionally accredited college or university with a Master’s degree preferred, Fifteen (15) years of progressive experience in a sworn, supervisory level position, including five (5) years of command level experience, and attended the FBI National Academy or received similar leadership and command training. Black Hawk City Council also approved Resolution 43-2020 unanimously.

Executive Session

Black Hawk Coty Council adjourned for Executive Session per CRS 24-6-402(4)(b) to consult with the City Attorney concerning litigation, personnel matters and potential legislation.

Next Meeting

The next Black Hawk City Council regular virtual meeting will be held May 27, 2020 at 3:00 pm. For more information go to www.cityofblackhawk.org.

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