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Separator Ordinance debated

Posted 7/17/16

John Scarffe, Black Hawk.  An ordinance establishing regulations for sand and oil separation received consideration during the regular Black Hawk City Council meeting on Wednesday, June 22, 2016 at

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Separator Ordinance debated

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parking lotJohn Scarffe, Black Hawk.  An ordinance establishing regulations for sand and oil separation received consideration during the regular Black Hawk City Council meeting on Wednesday, June 22, 2016 at 3 p.m., at 211 Church Street. Currently, sand and oil generated from establishments such as automotive service and machine shops, car washes, parking garages, surface parking and restaurants are not regulated by the City.

Vincent Harris, with Baseline Corporation, and Cynthia Linker, Community Development and Planning Administrator, introduced the ordinance to the Council. Harris said inappropriate discharge of sand and oil can get into surrounding streams, and that businesses with this discharge require maintenance and inspection.

The two brought the proposed ordinance before the Council to protect the health and cleanliness of local waterways and property in and around Black Hawk. “Typically sand and oil generated from these uses are captured through the use of sand and oil separator devices before these materials enter the ground surface and eventually the storm water system.

“Unless existing facilities are regulated properly, and unless businesses are required to install sand and oil separators, sand and oil may be discharged into surrounding streams and rivers.” The ordinance will amend the municipal code to require the installation of sand and oil separator systems but also to enforce regulations requiring these facilities to be properly maintained and inspected.

Alderman Hal Midcap asked why this was needed now. Linker replied that some businesses have the devices installed, and when they get full the discharge goes everywhere. Most facilities have one that was designed as part of the original property.

Midcap asked, “If the businesses don’t have one already, are we going to require they get one? There are so many parking lots, I can’t imagine they all have one.”

Alderman Gregory Moates said separators have been required as part of the building code for some time. Midcap said he would like to see the ordinance amended for all existing separators and then on a case-by-case basis after that.

For people who already have built a lot or business, it could be expensive to install a separator, as much as $25,000, Midcap said. “I don’t want the City to force another regulation on them.”

Moates asked if staff has an existing inventory of businesses that have the devices, and Linker said they would have to go back to original construction drawings. “We’re going to rely on the owners, but we have a pretty good idea where they are.”

City Manager Jack Lewis said he didn’t think they would find a lot of businesses that don’t have the devices since it has been part of the building code. Alderman Linda Armbright asked if the City is being fined or harassed in any way.

Linker said the City has not been, but staff thought they had better look into it. Midcap said, “My issue is with the lots that don’t have one. It’s the smaller places that wouldn’t have it.” The Council voted to approve the ordinance, with Midcap voting against it.

The Council also approved a Temporary Construction Easement for temporary construction laydown areas associated with the rehabilitation of 400 Chase Street. Kathryn Lorenz, property owner of Lots 5 and 9, Block 17, and Lots 1 and 2, Block 16, conveyed to the City a Temporary Construction Easement for the laydown area.

Linker said the contractor has asked if he could use the area for parking, a dumpster and to place building material. Lorenz has agreed that the City can use the property.

In 2015, the Historic Preservation Committee and City Council approved the demolition of a non-historic garage as well as two non-historic additions on the building, and that demolition has been completed. The site today contains an historic house. The site and building features covered by this rehabilitation are the site, including gravel parking, trees, retaining walls, fencing and bridges and the historic residence.

At the April 27 Council meeting, the aldermen approved the Certificate of Appropriateness and a certificate for rehabilitation of 400 Chase Street.

On June 8, 2016, The Council awarded the construction bid and project budget for the limited rehabilitation of the historic home and property to Big Valley Construction in a total amount not to exceed $854,308. The project consists of an interior grant of $283,100, and an exterior preservation easement in the amount of $571,208, according to the request for Council action.

The next meeting of the Black Hawk City Council will be at 3 p.m. Wednesday, July 13, 2016, at 211 Church Street.

Black Hawk, Featured, parking lots, Politics