Ordinance requires city water

John Scarffe, Black Hawk.  Black Hawk property owners must hook up to City water, or they won’t have any. The Black Hawk City Council passed an ordinance requiring all property to connect to the Municipal Water System during a regular meeting at 3 p.m. on Wednesday, July 26, 2017, at 211 Church Street.


City Attorney Corey Hoffmann introduced the ordinance, which is the second one that corresponds to a previous ordinance about connecting to city water. “RR zoning districts are intended for and may be established in those areas on the periphery of the City, which can be served by municipal or district water and sanitation systems,” according to the request for Council action.


At the Council’s July 12 meeting, Hoffmann introduced an ordinance regarding the requirement to connect to the municipal water system. He said this is the first of two ordinances regarding this topic.


Currently residents have the opportunity to use an alternative water source, such as a well. This would eliminate that option, Hoffman said. “All occupied buildings located within the municipal limits of the City and within 200 feet of a City water line will be required to connect to the City’s water system,” according to the request.


“All new connections to the City’s water system must also install a backflow prevention device, surge arrestor and a water meter. All connections to the City’s water system and the installation of backflow prevention devices, surge arrestors and water meters shall be in accordance with the Water Board’s rules and regulations.”


On July 26, Hoffmann said the second ordinance trails that provision because it requires newspaper notice. Property located in the City must hook on to city water. The Council approved the ordinance.


Police Chief Stephen Cole presented an agreement between Black Hawk and the Gilpin County Department of Human Services establishing a cooperative relationship between the Police Department and Human Services during investigations involving at-risk adult abuse and neglect.


Betty Donovan, director of Gilpin County Human Services, requested a Memorandum of Understanding (MOU) from all law enforcement agencies in Gilpin County regarding at-risk adult neglect and abuse investigations, according to the request. The Department of Human Services is required to have an MOU with every law enforcement agency in its jurisdiction.


The MOU establishes guidelines for sharing information and conducting joint investigations\ in cases involving at-risk adult abuse and neglect. The Black Hawk Police Department has a good working relationship with Gilpin County Human Services and supports the approval of the MOU.


Chief Cole said it is similar to one passed last year but covers five years, so the Aldermen don’t have to revisit every year. Hoffmann said it is not subject to annual appropriations. The Council approved the MOU.


Hoffmann proposed an ordinance to revise and add traffic offenses in conformance with 2017 state legislation. New State legislation addresses using a wireless telephone and texting if driving under the age of 18 years. The ordinance establishes new penalties for failing to comply, according to the request.


Hoffmann said the ordinance does two things. It amends the traffic code regarding texting while driving and establishes a mandatory penalty. That makes it easier to prove because police officers have had a difficult time when they see a driver with a phone.


“When you see someone swerve and they have a phone in their hand, the police don’t have to prove they were inputting data into a device,” Hoffmann said. The penalty is driving under restraint, so the drivers have a hold placed on their licenses by the Division of Motor Vehicles. It is a municipal offense.


The Council approved the ordinance and approved and intergovernmental agreement with Gilpin County regarding the November 7, 2017, special election. The County Clerk has agreed to perform the ordering and completeness certification of the ballot issue notices and mailing of the ballot issue notice packet.


Other than to this limited extent, the City and the Clerk will not otherwise coordinate regarding the special election, which will be conducted solely by the City pursuant to its authority as a home rule city.


Judith Jasper, property owner of 261 Church Street, agreed to convey a Temporary Construction Easement to the City for temporary construction access for the exterior painting of 251 Church Street. Community Planning and Development Administrator Cynthia Linker said this was housekeeping for the exterior painting program.


The structure will be painted this year, and the City will have to have access to the neighboring property. The Council approved the easement.


Linker introduced a resolution to adopt the Community Restoration and Preservation Guide to Programs. The City Council continually seeks to review the Guide to Programs in order to assure that it operates in a manner consistent with the policies of the City, and consistent with the constitutional and statutory requirements associated with the Colorado Constitution, according to the resolution.


Linker said the department has been working on this for some time. Changes have been made in the preservation easement, section 2, regarding the site work component. They have updated the rock wall section in line with 2010 guidelines.


They have cleaned up the language for the fencing guidelines and done extensive work on the outbuildings section. The Historic Preservation Commission did review this. The Historic Preservation Commission consultant had one comment and said the intent is stabilization and to preserve the historic structure.


The Council approved the revised Guide to Programs and reappointed three members to the Historic Preservation Commission, for four-year terms, effective to August 1, 2017: Lynnette Hailey, Patricia Torres and Thomas Gish.


The next regular meeting of the Black Hawk City Council will take place at 3 p.m. on Wednesday, August 9, 2017, at 211 Church Street.



(Originally published in the August 3, 2017 print edition of The Mountain-Ear.)