Black Hawk continues Marchant Street project
Easement completion due end of month
All Black Hawk Aldermen were present when Mayor David Spellman called the regular meeting to order on February 25, 2009. Prior to the business meeting, the Council had conducted a one-hour work session with members of the Historic Architectural Review Commission prior to discuss the City’s grant programs.
Marchant Street Matters
The Aldermen approved a zero-foot front and a two-foot side setback variance for garage construction Bill and Dixie Lovingier’s 101 Marchant Street property. Black Hawk Municipal Code requires an 18 foot front setback and a 7 foot side setback, however the existing garage, which is in poor condition, does not meet Code and is set on unstable sloping ground. Street widening and repair of a damaged rock retaining wall are added constraints. Although the City’s consultant, Baseline, recommended the Aldermen condition their approval with garage height not to exceed 14 feet, instead of the requested two-stories and a variance expiration date of seven years, owner Dixie Lovingier said the previously granted easement would be withdrawn if they did so. Her efforts won the Lovingiers an indefinite variance for a two-story garage. Aldermen Doles recused herself. Alderman Kerr abstained from voting.
At 111 Marchant Street, applicants Don and Kathy Doles requested a two-foot side setback variance to build a shed. The city is widening Marchant Street in front of the Doles property and reducing the area of their front yard in order to do so. A rock retaining wall is being reconstructed and the proposed shed, included in the rehabilitation grant, will serve as a retaining wall on the uphill side. With Alderman Doles and Kerr abstaining from the vote, the Council approved the variance request with the required Certificate of Appropriateness and building permit conditions.
The first addendum to the contract with Cedarwood Construction, regarding the easement project at 111 Marchant received the Council’s approval. The project began in March, 2008, and is now entering Phase Two. The addendum waives the bonding requirements in exchange for the contractor accepting a higher percentage of retainage withheld pending final settlement. The contractor, through no fault of their own, is unable to obtain bonding for Phase Two. The original contract limits total project cost at $427,987. Work is to be completed by March 31, this year. Alderman Doles abstained from the vote.
The Aldermen also approved installation of two matching new exterior front doors at the Doles property. The home is being restored under the City’s Rehabilitation Grant Program. The original plan called for the existing wooden doors to be stripped, sanded and repainted. The new doors will be three feet wide versus the existing two foot wide doors and will be metal with an arched beveled glass window.
Chase Street Radon Problem
Rene Wiley, owner of the home at 235 Chase Street, requested an Emergency Preservation Grant to mitigate radon contamination. Readings at the property show levels of the harmful element are three times the maximum acceptable amount. Because the issue is one of health and not of structural safety, the grant request does not meet the City’s Emergency Preservation criteria. Radon mitigation has been the responsibility of individual homeowners in the past. Mayor Spellman noted the City allows for water testing and treatment regarding high metals. He suggested creating a separate program from the General Fund and capping mitigation expense at $500 or $750. The Aldermen directed staff to research radon mitigation success for feasibility and cost.
Return of Crook’s Palace
Crook’s Palace is headed for reopening. Two dozen community members had responded to the poll regarding a new liquor license. All were in favor. Matthew and Michael Casarez and Avik Amin will be the new operators. They will lease the City-owned restaurant property for $7,154 the first year, $14,308 the second year and $21,462 the third year of the 36-month lease. The Aldermen approved the arrangement with the lease commencing the first day the business is open to the public.
Silver Gulch Financials
JPS Number 1, LLC, is the developer making improvements in Silver Gulch for the Jackpot Springs Casino property. The original subdivision plat for that property was approved by the Council back in 1999 and has since been amended six times. JPS has requested an Excavation Permit. The Aldermen approved a site improvement agreement requiring JPS to provide Completion Funds of $13, 973,958. That’s 110% of the amount needed to complete the excavation project which includes rerouting and reconstruction of parts of Silver Gulch and Silver Gulch Road. Corrugated metal pipe and culvert work must be done along with guardrails and concrete barriers. JPS must mitigate 0.23 acres of wetland with a trapezoidal channel to handle potential floodwaters, including the 100-year flow. If the developer does not apply for a Foundation Permit within two years of completing the excavation project, they are required to landscape the site with a four-foot high, 36-foot wide, 700-foot long berm planted with native seed and trees. The remaining portions of the site that can be planted are also to be seeded. The Aldermen stipulated JPS have the money in escrow and/or provide an irrevocable letter of credit on file prior to approving the agreement.
The Sixth Amendment to the agreement was approved at this meeting. It reflects the improvements already made and adjusts the JPS financial security provision for improvements made in conjunction with the Isle of Capri Casino along the Highway 119 right-of-way, to North Clear Creek adjacent to the project site, signage and installation of a sewer main. JPS was also relieved of financial security for utility improvements completed by the Silver Dollar Metropolitan District. In addition to the improvements spelled out in the original agreement, this amendment requires JPS to install a four-directional full signal traffic lights near the casino construction site and a sidewalk along the property frontage and other improvements estimated to cost $477,340. Total JPS reimbursement obligations to the City of Black Hawk total $791,796.
Rodeo Off/ Fireworks On
Although the City’s annual Motherlode Rodeo fell to budget cuts this year, their signature Fourth of July fireworks show survived. The Aldermen approved expending $59,400 to have Western Enterprises launch their pyrotechnics from the Casey once again. Local landowner, William Russell, Jr. had already given approval for the City to use the site.
Bullwhackers Joins BID
Penn Millsite, Incorporated (Bullwhackers) petitioned to join the Black Hawk Business Improvement District. The Council accepted the inclusion.
New Equipment
The Aldermen approved the purchase of a 2009 Bobcat Skid Loader for the Hidden Valley Water Department at a cost of $54,399. The vehicle is used to access the pipeline and pump stations year-round.
The Public Works Street Department obtained the Aldermen’s approval to spend $71,287 for a 2008 GMC Top Kick Dump Truck to replace a 1996 truck. The truck is also equipped with a tailgate spreader and plow.
Both vehicles had been approved in the 2009 budget.
Executive Session
Following the public meeting, the Aldermen met with their attorney to discuss legal issues regarding the Black Hawk trademark, pending legislation and tax-related issues. They reconvened and directed the City Manager to redraft the City’s ordinance regarding temporary uses to authorize administration to make some of those decisions. City Manager Richard Lessner has announced his resignation, effective April 1, 2009, due to family obligations. The Black Hawk City Council meets next on March 11, 2009.