Black Hawk development moratorium now in effect
Homeowner wins construction approval after-the-fact
All members of Black Hawk City Council were present when Mayor David Spellman called to order the regular business meeting of February 10, 2010.
Moratorium on Development
No one came forward to speak either for or against Council Bill 7, an ordinance which imposes a six month moratorium on residential development in areas outside of Chase, Marchant, Horn, Dubois, Hillside, Church, Clear Creek and High Streets. City Attorney Corey Hoffmann explained the stoppage is needed to allow time to study what impact fees might be necessary to provide municipal services beyond Black Hawk’s core area. BBC Consulting will use the six months to analyze the impact of development in areas like Miners Mesa. They are then to provide recommendations regarding impact fees needed to cover such services as fire and police protection, emergency medical care, transportation needs, access, etc. Hoffman pointed out the City’s last study was done more than a decade ago. City Staff has been directed to refuse to process, review or approve any applications for residential development outside the City core for the duration of the moratorium.
Construction Appeal
Acting as the Board of Appeals, the Aldermen listened to testimony from Jesse Quintana, owner of the home at 241 High Street, followed by testimony from their contracted building inspector from Colorado Code Consulting (CCC). Last Fall, Quintana had constructed a mud room, approximately 9’ x 9’ over an existing rear deck, but had failed to obtain the necessary Building Permit for construction or the Certificate of Appropriateness for altering a historic building. CCC inspected the addition and said it did not comply with building, mechanical, electrical or energy codes. They offered the option of removing the addition or providing the construction plans for the Planning Department to review.
Quintana hired his own inspector, structural engineer William Simons, who inspected the property and provided a report but informed Quintana that the City-requested construction plans and structural calculations to support his report would cost an additional $500. Quintana chose not to submit those documents and appealed to the Council to reverse the City inspector’s decision. Quintana maintained the report from Simons, which bears his professional engineering stamp, is an adequate guarantee of the structural safety of his addition. CCC maintained that without seeing inside the walls and ceiling they can’t be sure the addition meets code. CCC also noted they are following the City’s own codes in their evaluation and that Quintana had by-passed the Historic Preservation Commission and the Building Department. (Quintana had since applied for the Certificate of Appropriateness.) This matter was put up for public hearing, however only the parties involved came forward to speak. The Aldermen, noting the addition was not visible from the street and accepting Simons’ stamped report as sufficient, voted unanimously to overturn the City’s Building Inspector’s decision.
Church Street Easement
The Black Hawk-Central City Sanitation District paid $10 and the Aldermen granted an encroachment easement, of indefinite term, within the Church Street right-of-way adjacent to the Sanitation District’s offices at 271 Gregory Street.
Funding Request
Red Rocks Community College (RRCC) submitted a funding request which the Council declined. Mayor Spellman noted the City supports education at a local level having donated more than $434,000 (January-November 2009) directly to Gilpin County Re-1 Schools and $227,000 in scholarships for Gilpin graduates to attend college, vocational training or other post-secondary educational programs. Colorado Community Colleges now benefit from a gaming tax revenue stream, much of which also originates in Black Hawk. Mayor Spellman said there will be future donation opportunities for organizations and individuals at a benefactors’ dinner which will be held later this year in celebration of RRCC’s 40th Anniversary.
Public Comment
Don Doles requested and received an extension to February 26th to have a large storage container removed from his property at 111 Marchant. Alderman Kathy Doles recused herself from this vote. The Doles’ home had recently been rehabilitated under the City’s grant program and the container was needed during construction.
Executive Session
Following the public meeting, Hoffmann and the Aldermen met in Executive Session to discuss sales tax issues and pending litigation. They took no further action after reconvening to public session, except to adjourn.
Head’s Up
The Aldermen scheduled a work session on February 17th to discuss the bond schedule and a list of items that will need their attention this year or in long-term planning. Black Hawk City Council meets next for regular business on February 4, 2010.