Janet Perry

Central City

The Central City Aldermen’s October 18, 2016 meeting was called to order by Mayor Ron Engels at 7:08 p.m. in the City Hall.

Mayor pro tem Kathy Heider, Alderman Shirley Voorhies, Alderman Judy Laratta and Alderman Jeff Aiken were present. Also present were City Manager Daniel R. Miera, Attorney Marcus McAskin, City Clerk Reba Bechtel, Finance Director Abigail R. Adame, Public Works Director Sam Hoover, Fire Chief Gary Allen and Acting Police Chief Patric Stanton.

Mayor pro tem Heider then moved to adjourn and move into Executive Session to discuss legal advice related to the Business Improvement District (BID) Act. The regular meeting was reconvened by Mayor Engels at 7:33 p.m..  

After the Pledge of Allegiance was recited, the agenda was approved and no conflict of interest was disclosed, the Consent Agenda was approved for meetings on the 4th and 5th.

During the early meeting Public Forum, resident Barbara Thielemann, Chair of MSCC expressed her pleasure with the work on the Belvidere, beginning with the facade stabilization. She said applying for grant funding would be the next step. She had recently attended a conference to gather information on possible grant opportunities for the Belvidere restoration.  

A Public Hearing for Ordinance No. 16-03, adopting a New Article X111 of Chapter 16 of the Central City Municipal Code entitled Quartz Hill Overlay District and adopting regulations pertaining to the Overlay District.  

Attorney McAskin explained that the agreement had been revised by upper management at the EPA.  The city would need to review those revisions with special counsel.  For this reason, the hearing was continued to the November 15th meeting.

Alderman Aiken moved to continue the Public Hearing to the November 15th meeting and without discussion the move was approved unanimously.  

Next was the Public Hearing for Ordinance No. 16-04, amending Article V of Chapter 6 of the city's Municipal Code, regarding Annual License Fees and Gaming Device Fees.

The current fees, set forth in Article V of Chapter 6 of the Municipal Code include an Annual License Fee of $1,000.00 per year per device, and a Transportation Fee of $264.96 per year per device. The Marketing Fee runs between $60.00 and $84.00 per year per device. The Marketing Fee will sunset at the end of 2016.

The Transportation Fee helps the Central City Transportation Enterprise pay costs related to transportation services and improvements. The Marketing Fee (2011) assists Central City's funding of marketing and advertising for the city and especially the Central City Business Improvement District. (CCBID)

The Device Fees have been approved yearly and will expire on December 31, 2016.  The Alderman must approve the extension of the fee. The proposal would set the Annual Licensing Fee to $850. per year and the Transportation fee to $414.96 per year.

The decrease in the Licensing Fee and the subsequent increase in the Transportation Fee reflects the city's need for funding for transportation related improvements.

Mayor Engels opened the Public Hearing for Ordinance No. 16-04 at 7:42 p.m..

Joe Behm, of the Central City Business Improvement District expressed the desire of casino businesses to continue with the per-device fee, earmarking those funds for cooperative marketing efforts. According to the BID statute, the BID may levy fees for services, and marketing qualifies. There were a few issues, including that the BID Board of Directors must approve how the funds are used. Since not all board members have casino affiliations, this is not a "foregone conclusion".  

Behm then said that enforcement of such a fee was questionable and lack of payment could mean collections and court proceedings. This would harm the "integrity and survivability" of the program. This would also hinder any approved expenditures.   

The desire is that the use of the collected funds must benefit the businesses paying the fees, and therefore a CCBID casino-fee-based cooperative program would benefit the casinos with advertising and promotions. The money would not be used for general awareness, branding or event production. He said this last item was especially important, as the Alderman Board deliberated the annual request of $50,000 to fund the city's summer events.  

Behm added that the CCBID Board requested that the city enter into an agreement with an IGA where the city acts as collector of the fees and transfers those fees monthly to the District. The District would consider a reasonable monthly payment to the city for such services. This way, the city would not be acting as a taxing entity, but simply as an agency collecting a fee for one of its special districts and remitting those collected fees back to the district.  

Behm went on to explain that their attorney indicated that this is "very doable" and is "merely a flow-through". The arrangement would be similar to how the county processes our BID tax collections by charging a treasurer's fee to the District.  

There were no more public comments after Behm spoke, so Mayor Engels closed the Public Hearing at 7:47 p.m.  

Mayor pro tem Heider then moved to adopt Ordinance No. 16-04 and without discussion, it passed unanimously.

Mayor Engels then directed staff to work with the CCBID on the possibility of an IGA to work with the city collecting the fees.

The first Action Item under New Business was the appointment of an Alternate to the Historic Preservation Commission. Mayor pro tem Heider moved to appoint Christine Jackie Mitchell to the position. The motion passed unanimously.  

Next was Resolution No. 16-28, approving a settlement agreement with the US Environmental Protection Agency regarding the Quartz Hill Tailings Pile. Alderman Aiken moved to postpone the discussion until the November 15th meeting and the motion carried.  

Resolution No. 16-31, memorializing funding goals relating to the Belvidere's restoration, maintenance and continued operation. City Manager Miera explained that the resolution sets forth funding goals associated with the historic Belvidere Theater. City resident Jack Hidahl presented a draft of the resolution to the council at the October 4th meeting. He highlighted the value of a restored Belvidere to the residents of Central City and Gilpin County, as a gathering place for social and special events. It would also generate revenue for the city, which would help offset some of the costs involved with its restoration and operation.

Commencing with the 2017 budget, the city shall identify a line item in the Historic Preservation Fund, identified as "The Belvidere". The city shall fund the minimum of $250,000 each fiscal year from 2017 through 2020, in addition to any money carried over from previous years and any amounts contributed.  

Beginning in fiscal year 2021, the city shall annually appropriate 25% of all grant funds received from the State Historic Society, for purposes of, but not limited to, the restoration, maintenance, operation and marketing of the Belvidere.  

Mayor pro tem Heider added that as Jack Hidahl had explained, by committing these funds, there will be more options to apply for grants. She thanked Barb Thielemann for her work researching grant options.  

Alderman Voorhies moved to approve Resolution No. 16-31 and without discussion it was approved unanimously.

Next was Resolution No. 16-32, authorizing a change in direction on Main Street, specifically between Nevada and Gregory Streets, as shown on the Traffic Plan. The resolution would approve the City Project and delegates authority to the Public Works Director to implement the plan.  

The total cost for the City Project would be minimal given that the Public Works Department would be performing the majority of the sign removal, sign installation and traffic control. The new signs are expected to cost approximately $500. Man hours and equipment are estimated to be less than $1,000.

Alderman Laratta moved to approve the Resolution and the motion carried 4 votes to 1, with Mayor Engels voting nay.  

Resolution No. 16-33, awarding a bid for the Wayfinding and Welcome-Gateway Signage Project (RFP 2016-CD-03) and ratifying the City Manager's execution of the services agreement with WJS Signs LLC d/b/a Precision Signs.  

City Manager Miera gave the background, explaining that the contractor is not to exceed the amount of $64,616.00. The agreement covers the installation of two monument signs, and six wayfinding signs.

Presented at the October 4th meeting by Community Development Director Rears, it is Staff's intent to have the contractor begin the installation in the near future and expects it to be completed by year's end.  

Mayor pro tem Heider asked about the use of faux stone, fearing it sent the wrong message from a historic community, and went against their preservation requirements.  

Alderman Aiken explained that there was not enough stone available for the job. He added that since there was not a wall involved this would not be a useful application.  

Manager Miera added that there was a revision to the sign code and that these signs were not subject to the HPC requirements.  

Alderman Laratta moved to approve the resolution and it passed 4 votes to 1, with Mayor pro tem Heider voting no.  

Under Reports, City Attorney McAskin spoke of an article in the Denver Post about a lawsuit filed with the Federal District Court by a former employee, Whitney Blake against the city and some city staff.  The EEOC had not yet ruled whether the case has merit, but the city would "vigorously" oppose and defend against this case.  

Attorney McAskin then reported that a lawsuit brought by Black Hawk and Gilpin County against Central City, Teller County and Cripple Creek, because of a change in the division of gaming tax dollars was won by Central City, Teller County and Cripple Creek.  

During Council Comments, Mayor pro tem Heider spoke of the Nobel Prize in Literature awarded to Bob Dylan.  Dylan spent time in Central City in 1960 and performed at the Gilded Garter.  

During the closing Public Forum, there were no requests to speak.  

At 8:42 p.m. Mayor pro tem Heider closed the meeting and opened an Executive Session to discuss legal advice with regards to employment agreements and the litigation filed in Federal District Court (Civil Action No. 16CV2494). They also discussed positions on negotiations regarding fire service to the city and unincorporated Gilpin County near the city.  

The next Alderman meeting will be held on November 1st at 7 p.m. in Town Hall.