John Scarffe, Black Hawk.   The Black Hawk City Council approved a Certificate of Appropriateness for the construction of an additional pedestrian access point and exterior vestibule for the Gilpin Casino during a regular meeting at 3 p.m. on Wednesday, November 14, 2018, at 211 Church Street. The council also approved the 2019 budget, set the 2019 mill levy, repealed a waiver on use tax for renovation projects, agreed to changes to historic preservation guidelines and extended the city’s agreement for cable television.

Vince Harris with Baseline Corporation, who rang the bell that traditionally starts each meeting, proposed a Certificate of Appropriateness (COA) for the construction of a 192-square- foot additional pedestrian access point and exterior vestibule for entry at the rear of the Gilpin Casino at 111 Main Street.

Staff recommended approval of the COA with two conditions. All proposed construction and renovation work must match those proposed in the approved version of the submittal; and all applicable building, electrical and public work permits must be obtained before beginning construction. The council approved the COA.

Finance Director Lance Hillis introduced resolutions summarizing expenditures and revenues for each fund and adopting a budget for the City of Black Hawk for January 1, 2019, and ending on December 31, 2019, and approving sums of money to various funds and spending agencies in the amount, and for the purposes set forth. The 2019 proposed budget is as presented at the October 24, 2018, public hearing, except as noted in budget revisions.

For all funds, the fund balance as of January 1, 2019, will be $35,246,467. Proposed revenues total $30,057,083, with proposed expenditures of $45,405,240, for a proposed loss of $15,348,157. The fund balance as of December 31, 2019, is projected to be $19,898,310.

Hillis also proposed an ordinance levying general property taxes to help defray the costs of government for the 2019 budget year. The amount of money necessary to balance the budget for general operating purposes from property tax revenue is $8,750 and the 2018 valuation for assessment for the city, as certified by the Gilpin County assessor, is $245,829,172, according to the resolution.

Hillis said this is the proposed budget as presented two weeks ago. No changes have been made. The council approved the 2019 budget and mill levy.

The council approved a resolution repealing the waiver of use tax on renovation projects.

On April 11, 2018, the council approved a resolution waiving the use tax on certain renovation projects at existing licensed gaming premises, according to the request for council action.

This resolution will repeal the waiver of use tax on renovation. City Attorney Corey Hoffmann said this is no longer an effective tool for the city. Hoffmann introduced two ordinances regarding the city’s guidelines for restoration and preservation projects.

Black Hawk may expend money from its 20 percent of the state historical fund for the “preservation and restoration” of the City of Black Hawk. The City of Black Hawk, along with the cities of Central and Cripple Creek, were the subjects of a performance audit conducted by the Colorado state auditor.

The performance audit addressed the expenditures of all three cities that receive a portion of the 20 percent, and the performance audit found that even using a narrow meaning of the term “historic preservation,” that only five percent of the expenditures of the City of Black Hawk were outside the common narrow meaning of that term.

Based on information learned in the performance audit and based on the city’s experience in administering the 20 percent over 25 years, the city desires to update the types of projects within the city that qualify as being for the “preservation and restoration” of the City of Black Hawk and is generally described in Exhibit A or Council Bill 30.

Hoffmann said this updates a 2003 ordinance identifying projects to be used for historic preservation and restoration dollars. The council approved the ordinance.

Approving this ordinance resulted in a proposed ordinance amending municipal code to clarify the roles of the Historic Preservation Commission (HPC) and City Council in protection of the city’s architectural assets. On April 22, 2009, the council repealed sections of the Black Hawk Municipal Code and added a new one regarding historic preservation.

The new ordinance does not introduce a new process, but more accurately provides parameters and clarifications on existing processes related to Certificates of Appropriateness and design review. Hoffmann said that one of the primary requirements to receive historic preservation dollars is to be a certified government, and having an HPC meets that requirement, but this aligns better with state law. The council approved the ordinance.

On December 1, 2010, the city entered into a ten-year, non-exclusive cable television franchise agreement with CAP Cable, LLC, a Colorado Limited Liability Company, known locally as USA Communications. The agreement expires December 1, 2020.

In anticipation of the expiration of this non-exclusive cable television franchise agreement, the city and agents of CAP Cable, LLC, reached agreement on extending the term of the agreement without modifying the substance of the franchise agreement.

The city may renew a cable franchise with a cable operator after affording the public adequate notice and opportunity for comment. Cable Company representative Barry Kisselman said his company has an office on Dory Hill Road and the main one in Kearney, Nebraska.

This would be an extension with no increase in fees. The council approved the agreement extension.

The next meeting of the Black Hawk City Council will be at 3 p.m. on Wednesday, November 28, 2018 at 211 Church Street.

(Originally published  in the November 22, 2018, print edition of The Mountain-Ear.)