Happy Birthday Alderman Alderman Hal Midcap and his wife Karen ringing the bell to start the meeting on Hal’s 60th birthday. PHOTO BY JOHN SCARFFE[/caption]

The Black Hawk City Council approved updates for flood damage protection during a regular meeting at 3 p.m. on March 23, 2022, at 211 Church Street in Black Hawk. The Council also approved an ordinance regarding off-street parking, the Site Development Plan for property at 221 Gregory Street, a patio for Crook’s Palace, a professional services agreement with Weecycle Environmental Consulting, Inc., and a change in work hours for administrative staff.

Vincent Harris and Matt Jones with Baseline Corporation introduced an ordinance repealing and reenacting the Black Hawk Municipal Code, titled Flood Damage Prevention. Harris said that Matt Jones is the flood plain expert, who has worked with the City Attorney’s office.

Jones said the Federal Emergency Management Agency (FEMA) is reevaluating the flood plains in Gilpin County. The new map will become effective on April 6, 2022. Gilpin County has more than one floodplain and the last flood elevations were listed in 1964.

The City touches four berms. In 2013, the City reviewed all local ordinances when they were updated. They have now received a new flood plain map, which they will bring up to compliance.

The City of Black Hawk has identified the need to update portions of the Municipal Code. The proposed amendment involves the adoption of practices that will provide an increased level of scrutiny of all development to occur within the regulated floodplain in Black Hawk.

Per FEMA protocols, whenever the Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) for a community are updated, the community is required to, at a minimum, update the effective dates of the FIS and FIRMs in the community’s ordinance. Beyond the minimum, the community is also required to bring their ordinance up to the level of the current State and FEMA region requirements.

The FIS and FIRMs for the City of Black Hawk were last updated in 1984. In 2013, the State of Colorado and FEMA Region 8 (in which Colorado is located) updated their ordinance requirements. Now, in 2022, the City is receiving updated FIS and FIRMs and therefore must now bring its ordinance up to the current level of the State of Colorado and FEMA Region 8.

To remain compliant with the National Flood Insurance Program (NFIP), the local community is required to adopt an ordinance before April 6, 2022, the effective date of the new FIRMs.

Staff recommended a motion to approve an ordinance repealing and reenacting Article VI of chapter 18 of The Black Hawk Municipal Code, titled Flood Damage Prevention. The Council approved.

Harris then introduced an ordinance amending the Black Hawk Municipal Code regarding Off-Street Parking. He said the new parking regulations would accommodate distilleries or tasting rooms.

Staff had done quite a bit of research and came up with a very workable plan. In February 2021, the City received a Site Development Plan (SDP) application for a distillery, tasting room, and distillery warehouse proposed along Miners Road on Gregory Hill.

Because these proposed uses and parking requirements were not included in Section 16-263 of the Off-Street Parking code, a variance was required in conjunction with the SDP review and approval.

To allow for distillery uses in the future without the requirement of a parking variance, staff has prepared a proposed amendment to the Off-Street Parking section of the Zoning Code. As part of this amendment, staff also suggested several minor clarifications to the Off- Street Parking code as outlined in the Draft Amendment prepared by Staff and the proposed Ordinance prepared by Council.

The Council approved the ordinance for Off-Street Parking.

Cynthia Linker, community planning and development director, introduced Melissa Rivas, who is working on this project. She requested a resolution approving a site development plan for the city-owned building at 221 Gregory Street. It will add a covered patio to Crook’s palace.

The request is a follow-up to the Minor Subdivision and Certificate of Architectural Compatibility (COAC) that were approved by the Council on May 13, 2020. Because the SDP was not approved in conjunction with the COAC, the City Staff is requesting review and approval before the start of the renovations on site and building that could begin this spring.

The subject property is in the HARD (History Appreciation Recreation Destination) District, and meets all regulations. The building will be divided into four retail spaces and a shared common area. Staff recommended approving the site development plan, which was then approved by the Council.

Linker introduced Ashley Bushing, historic preservation consultant, who introduced a resolution conditionally approving a certificate of appropriateness for the exterior work proposed for Crook’s Palace at 200 Gregory Street. The City has submitted a plan set dated February 25, 2022, containing proposed alterations to Crook’s Palace.

Photographs were used to establish changes to the building over time and identify the historic or non-historic nature of individual features associated with the building. The Historic Preservation Commission reviewed and discussed this application at its March 15 meeting and concluded that the work proposed does not remove or alter historic materials on the property.

The proposed awning will be constructed to provide for reversibility, if desired, without damaging the material on the historic portion of the building. The proposed awning will be differentiated from the historic portion of the building in both materials and architecture. It will maintain visual permeability allowing visibility of the historic and non-historic brick construction through the awning over the outdoor dining patio.

The work is reflective of the criteria contained in the City of Black Hawk Municipal Code for issuing a Certificate of Appropriateness and does not negatively impact the Local Landmark Designation as approved by the City in 2011.

Based on their review and discussion, the Historic Preservation Commission unanimously approved the Certificate of Appropriateness for exterior work proposed for Crook’s Palace with the following conditions: the work proposed will match the design plans as submitted, dated February 25, 2022; and the approval of the Certificate of Appropriateness is valid for 180 days.

During Public Comment, Resident Tom Finney said he strongly takes issue with the veneer on Crook’s Palace. He would like to see a bigger stone. Mayor David Spellman replied that it is natural stone, not a veneer.

The Council conditionally approved a certificate of appropriateness for the exterior work proposed for Crook’s Palace.

Community Planning and Development uses professional services to supplement City staff time, provide an independent perspective, ensure credibility and serve as a technical advisor to the department. The Professional Services Agreements are a budgeted item, each with an amount not to exceed $50,000.

Weecycle staff will assist the City with the 2022 Residential Exterior Paint Program. providing testing and abatement consulting services for asbestos, radon, mold, and lead-based paint. It will be valid through January 11, 2023.

The Council approved a Professional Services Agreement with Weecycle Environmental Consulting, Inc. for Environmental Testing and Abatement Consulting Services in an amount not to exceed $50,000.

City Manager Stephen Cole said the Council has passed several items for employees in the past. He is looking at what is happening in employment across the country, where it is more difficult to recruit and retain employees, so he is looking for more flexible hours with the rising cost of fuel.

On March 26, he will move from a five-day work week to a four-day week, so the offices will be closed on Friday, but employees will come in early and stay late. This will be for administrative offices only, not Fire or Police Department. Employees will have a half-hour lunch break. Council plans to review this again later. This change will be equal for all employees.

The next Black Hawk Council meeting will be at 211 Church Street in Black Hawk on Wednesday, April 13, 2022, at 3 p.m. For more information go to https://site.cityofblackhawk.org/.