Phase 2 of Gregory Street Project in Black Hawk

Council approves new cell tower and Employee Overtime Plan

By Randy Beaudette

Following a 1:30 p.m. work session on the plans for the Gregory Street Plaza, bell ringer Nathen Pillatzke from PHE Architects rang the bell that signaled the start of another Black Hawk City Council regular meeting on Wednesday, January 23, 2019. Mayor David Spellman called the meeting to order at 3:00 p.m.

Rollcall confirmed that Aldermen Linda Armbright, Paul Bennett, Hal Midcap, and Greg Moates were present. Aldermen Jim Johnson and Benito Torres were absent. Also present were City Attorney Corey Hoffman, Acting City Manager Stephan Cole, Acting Police Chief Tory Jantz, City Clerk/ Administrative Services Director Melissa Greiner, Fire Chief Christopher Woolley, Finance Director Lance Hillis, Community Planning and Development Administrator Cindy Linker, Public Works Director Tom Isbester, and Deputy City Clerk Michele Martin.

After the Pledge of Allegiance led by Mayor Spellman, City Attorney Hoffman 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.

Black Hawk Employee Handbook Addition (CB2/Ordinance 2019-2)

Black Hawk Finance Director Lance Hillis presented Council Bill 2 to the Board of Aldermen explaining that currently, full-time non-exempt workers are paid one and one-half times their straight time rate for all hours physically worked in excess of the standard work period as detailed in Section 508 of the Black Hawk Employee Handbook. Occasionally, an employee will be asked by management to work outside of or instead of their regularly scheduled work day. However, if this employee has taken any paid leave during the same work period, they will not qualify for the overtime premium since they will not have exceeded the hours physically worked threshold. Section 512 Unscheduled Pay will provide a premium of one and one-half times straight time rates for all hours worked outside of and/or instead of their regularly schedule shifts when less than 48 hours’ notice is given to the employee. Management believes the “Unscheduled Pay” premium will increase employee morale and encourage more employees to cover temporary, short notice staffing needs. Additionally, Section 508 Overtime has been revised to include reference to Section 512. Black Hawk City Council approved Ordinance 2019-2 unanimously.

Automatic Sprinkler Systems Amendment (CB3/ Ordinance 2019-3)

Fire Chief Christopher Wooley presented Council Bill 3 explaining that the Fire Department Staff reviewed the current provisions of the Fire Code of the City of Black Hawk and recommends revision of the sprinkler requirements for Occupancy Group B and Occupancy Group B buildings. Automatic sprinkler systems shall be provided throughout buildings and structures of the following building groups. Group B and Group M where one of the following conditions exists.

  1. The fire area exceeds 5,000 square feet.
  2. The fire area is located more than three stories above grade plane.
  3. The combined area of all fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.
  4. Occupancies used for the display and/or sale of upholstered furniture or mattresses exceed 2,500 square feet.

Black Hawk City Council approved Ordinance 2019-3 unanimously.

Repealing the Bylaws of the Black Hawk Fire Department (CB4/ Ordinance 2019-4)

Black Hawk City Council approved a repeal of requirements set forth by Section 8 of City of Black Hawk Ordinance 78-6 requiring the Fire Chief to prepare, adopt and submit By-Laws to the Board of Aldermen for approval

Repeal of Black Hawk Fire Department Rules and Regulations (CB5/Ordinance 2019-5)

Black Hawk City Council also approved a repeal of the City of Black Hawk Fire Department’s Standard Operating Guidelines originally approved in CB-17 on August 27, 2014 and amended in CB-25 on October 12, 2016 and in CB32 on November 9, 2016

Cell Tower Agreement (CB6/Ordinance 2019-6)

Staff has been working with Vertical Bridge for several years on this proposal. The site is located in the “diamond lot” on Miners Mesa where Public Works currently stores and processes rock and other materials. This will be a 50×50 foot facility and include an enclosure and tower similar to what is located midway up Miners Mesa. The tower is anticipated to be 100 foot tall, but will need to go through all of the development approvals. The contract is for an initial term of 5 years at $24,000/yr. There is a provision for an additional four, 5-year terms with appropriate termination provisions. Each five year extension would include a 10% increase in the annual rental rate. Approval of this lease will start with a $3,000 payment for a one year option period while they pursue development approvals. Black Hawk City Council approved Ordinance 2019-6 unanimously.

Professional Services Agreement (Resolution 5-2019)

This Professional Services Agreement between the City of Black Hawk and PEH Architects in an amount not to exceed $840,095 for design services pertaining to the Gregory Street Phase 2 project that encompasses complete design fees for the following:

  • Renovation of the McAfee House (305 and 311 Gregory Street)
  • Renovation of the Woodbury House (321 Gregory Street)
  • Renovation of the Norton House (351 Gregory Street)
  • New fire truck display building west of the Norton House
  • New public restroom building between the historic church and the Norton House
  • Renovation of the Bobtail Mine building (426 Gregory Street)
  • Relocation and renovation of the Bunk House (261 Gregory Street)
  • Miscellaneous design services for the proposed plaza area, including design of stairs and walls.

Black Hawk City Council approved Resolution 5-2019 unanimously.

2019 Service Agreements (Resolution 6-2019)

Black Hawk Public Works Director Tom Isbester explained that the Public Works Department utilizes several service providers to supplement services provided to the City for engineering and related service activities. These services are typically completed on a Time and Material (T&M) basis and unit prices are established with these agreements. These are budgeted items with the following vendors: One-Way Residential for Trash Service; Sun Valley Electric for Electrical; Encore Electrical Solutions, LLC for Electrical; Logical Systems, Inc. for Controls-water system; Leonard Rice Engineers, Inc. for Water Rights, Accounting/Engineering; Baseline Engineering Corp for Surveying: and Grapes & Sons Excavating, LLC for waterline repair and general excavation. Black Hawk City Council approved Resolution 6-2019 unanimously.

SW8000 Sweeper purchase (Resolution 7-2019)

Black Hawk Public Works Director Tom Isbester also expressed the need for a compact sweeper. The 2019 Capital budget includes funding for a parking garage sweeper. With the St. Charles Carriage House coming on line now, Public Works will need to begin maintenance of the facility. This unit will assist in that endeavor. Staff tested several units and received three bids, and awarded the bid to Ace Equipment for a Nilfisk Advance SW8000 @ $53,850. Black Hawk City Council approved Resolution 7-2019 unanimously.


City Attorney Corey Hoffman suggested that City Council go into Executive Session.


Black Hawk City Council moved to go into Executive session per CRS 24-6-402(4) (b) to confer with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions and CRS24-6-402(4)(e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators.

Next Meeting

The next Black Hawk City Council meeting will be conducted on February 13, 2019 at 3:00 p.m. at 211 Church Street, Black Hawk, Colorado.

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