John Scarffe, Black Hawk.  The Black Hawk City Council approved a temporary ordinance regarding short-term rental properties during a regular meeting following a work session at 2 p.m. on Wednesday, May 23, 2018 at 211 Church Street. City Attorney Corey Hoffmann told the Board that cities are addressing short-term vacation rentals, and the Council is requesting a short-term ordinance. Vail has one.

“It’s very city specific,” Hoffmann said. This is intended to be a short-term fix to address short-term rentals with the same requirements as a Bed and Breakfast.

“We will come back with something more specific,” Hoffmann said. Mayor David Spellman said it would have additional information and details.

During the past several months, the City has received a number of inquiries from property owners interested in utilizing their property as a Short Term Vacation Rental, according to the request for Council action.

The City of Black Hawk recognizes that there are benefits to allowing owners of residential units within the City to rent their dwelling units for periods of time not exceeding thirty days. Short-term rental of dwelling units brings additional visitors to the City, can allow owners to recoup housing costs, and provide revenues for the City through additional permit and tax collections, according to the request.

The provisions of short-term rentals offers additional diversification to a resort destination, according to the request. Due to the potential for adverse impacts, short-term rentals must be regulated by the City to protect the health, safety and welfare of owners, neighbors, and visitors.

The Ordinance before City Council today is an interim solution to regulating short-term rental properties, according to the request. “If approved, the City Attorney and City staff will begin work preparing a separate, subsequent ordinance for Council consideration that develops a full permitting and enforcement program,” according to the request.

“The intent of the proposed regulations will address the City’s objectives that endorse and regulate short-term rentals while limiting unwanted effects on Black Hawk’s residential neighborhoods,” states the request. The Council approved the ordinance.

Hoffmann suggested adopting City of Black Hawk Roadway Standards. This is a new section for roadway standards. The City started the process of new construction serviced with city facilities. The City has already addressed water and sewer, and this is the next process to be sure roadways are adequate and safe

The first change was to add a sentence in the provision related to minimum right of way, so dry utilities will be underground, and they reserve the right to make changes like a road way that requires drainage requirements.

The City has no formal minimal roadway standards to assist in the design and development of properties within the City.

The new standards provide minimum general guidelines for collector and local roadways. The Council approved the roadway standards.

Public Works Director Tom Isbestor introduced a resolution for another change order for the repointing of the entire front brick face and the replacement of brick and flashing on the City Hall building to Hydro-Tech, Inc. in the amount of $176,125.00. The numerous layers of paint have finally been removed from the brick face of City Hall.

Unfortunately, it revealed a lot of bad news. Over its 141 years, many bricks have been replaced or severely damaged. The left abutment and ½ of the arch on the main door has been replaced with a mixture of brick type and colors.

The bottom 8 to 10 courses along the entire frontage have been affected by freeze and thaw. It also appears that the entire architecturally intricate parapet has been completely rebuilt with newer type fired brick of many different colors.

To restore this building back to original will require the removal and replacement of about 500 individual bricks on the main face and an additional 800 individual bricks on the parapet. The original bricks are a sand poured brick and the replacements are coming from an architectural salvage yard.

The bricks all require cleaning prior to replacement. There is no flashing on the top row of bricks on the parapet.

This has allowed water to freeze and thaw and infiltrate into the building. A proper flashing will be installed.

The various repairs over the years have also consisted of different colors and hardness of mortar. Much of it came off with the paint removal operation; therefore, the entire face will also require repointing. This will involve cutting ¾” deep from the existing mortar and replacing it with a new color matched mortar. The Council approved the change order.

Jim Ford introduced an agreement with Gambino of Arvada, CO, that allows the leasing of 10-inches of the City of Black Hawk’s Church Ditch water right for the next ten years.

The City has an abundance of Church Ditch inches that will not be needed until potable water demand increases significantly. This lease agreement allows the City to put 10-inches of its unused Church Ditch water right to beneficial use. Ford said.

Until a water right is put to beneficial use, the right is considered conditional and the decree is not perfected (complete). Putting the water to beneficial use enables the City to claim diligence on the leased water; thereby, making that right absolute.

Diligence is required by the Water Court every six years to prove the City is not being speculative with its water rights. This lease agreement is for 10 years and may be renewed annually after the initial ten-year term. The lease agreement may also be terminated by written agreement by either party.

(Originally published in the June 7, 2018, print edition of The Mountain-Ear.)