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Retail Marijuana hours approved

Posted 6/19/19

Monica LaSalle, Central City. The Central City Council came together on Tuesday, May 21, 2019, and began the meeting by honoring City Manager Meira’s request to add a date to item 9 in the New

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Retail Marijuana hours approved

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Monica LaSalle, Central City. The Central City Council came together on Tuesday, May 21, 2019, and began the meeting by honoring City Manager Meira’s request to add a date to item 9 in the New Business/Action items portion of the agenda. Mayor Fey then stated his conflict of interest for said line item, stating he would recuse himself for this topic. Mayor pro tem Laratta then moved to approve the consent agenda containing the regular bill lists through May 8 and the City Council minutes for the meeting on May 7, 2019. Alderman Johnson seconded. In discussion, staff clarified questions regarding the cost for repair of a Public Works truck.  The motion carried unanimously. 

They then moved on to a second reading and public hearing of Ordinance No. 19-04, which would repeal Article IV of Chapter 5 of the City of Central Municipal Code in its entirety. Characterized as an administrative clean-up of “The Electric Franchise” ordinance, Attorney McAskin reviewed the background as follows: On March 5, 2006, City Council adopted Ordinance 96-3 on second reading, which granted an electric franchise to United Power, Inc. and its successors and assigns.  The city’s franchise agreement with United established a term of ten years, and the franchise expired on March 5, 2016.  The franchise agreement is currently set forth in full in the Municipal Code, specifically in Article IV of Chapter 5 of the Code. 

City Staff and the codifier of the Municipal Code are requesting that Article IV of Chapter 5 of the Municipal Code be repealed in its entirety given that the city’s franchise with United has expired. Repeal of Article IV of Chapter 5 of the code should eliminate any confusion as to whether United has a current franchise with Central City. At 7:07 p.m., Mayor Fey opened the public hearing. Hearing no comment, at 7:08 p.m., Mayor Fey closed the public hearing. Alderman Aiken made the move to adopt Ordinance No. 19-04, with Mayor pro tem Laratta seconded and the motion passed unanimously with no discussion.

Moving on to the next public hearing, discussion went to Ordinance No. 19-05, amending certain provisions of Article VII and Article IX of Chapter 6 of the Municipal Code concerning Medical Marijuana Establishments and Retail Marijuana Stores; specifically, Sections 6-7-210 and 6-9-200 concerning hours of operation. City Clerk Bechtel explained that this ordinance amends the Municipal Code to expand the authorized hours of operation of medical marijuana establishments and retail marijuana stores in Central City to the hours of operation authorized by state law, specifically the hours of operation set forth in the Medical Marijuana Rules and Retail Marijuana Rules promulgated by the Colorado Department of Revenue, Marijuana Enforcement Division (1-CCR 212-1 (M 308) and 1-CCR 212-2 (R 308).  

State law currently permits medical marijuana establishments and retail marijuana stores to operate between the hours of 8 a.m. and midnight, MST Monday through Sunday. State law permits the city to further restrict these hours.  The Municipal Code currently authorizes medical marijuana establishments and retail marijuana stores to operate between 10 a.m. and 10 p.m., Monday through Sunday.  Adoption of the proposed ordinance will authorize medical marijuana establishments and retail marijuana stores to be open for business an additional four hours per day. Mayor Fey opened the Public Hearing at 7:11 p.m., and Black Hawk resident Geoffrey Gordon asked for clarification of the current hours versus the proposed hours. Attorney McAskin responded that the hours are currently 10 a.m. – 10 p.m. and proposed hours to match the State is 8 a.m. to midnight. Being the only member of the public to seek an audience with the council, Mayor Fey closed the Public Hearing at 7:13 p.m. and Alderman Aiken moved to adopt Ordinance No. 19-05 with Mayor pro tem Laratta seconding and the motion passing unanimously without further discussion.

The council moved on to discussing action items, with first on the list the extension to 11 p.m. for Jazz Event music at Teller Lot on June 7 and 8. Mayor Fey recused himself and left the Council Chambers, while the remainder of the council listened to Manager Miera explain that this event is in the planning stages and has requested a one-hour time extension from 10 p.m. to 11 p.m. on both June 7 and June 8, 2018.

Mark Jerome, event organizer, explained that Central Presents is requesting an extension from 10 p.m. to 11 p.m. to allow the bands to play the additional hour. Mr. Jerome then responded to questions from council regarding details of the event. Alderman Aiken moved to approve the extension. Alderman Johnson seconded and without discussion, the motion carried unanimously. 

Next on the agenda was discussion of Resolution No. 19-13 which would approve Change Order No. 1 for the 2019 Stairway Project (Project No. PW-2019-1) and authorize the City Manager or designee to execute the Change Order. Public Works Hoover reviewed the resolution which The City Council previously awarded to Rodney D. Burrows & Associates by approval of Resolution No. 19-12.  

That prior resolution authorized the city manager to execute the construction contract with the Contractor in the not-to-exceed amount of $115,689.  Based upon discussion at the May 7, 2018 regular City Council meeting, and as set forth in the prior resolution, the city directed the contractor to work with staff to modify the scope of work related to the project, specifically substituting the Central Stairway Project for the West Stairway Project. Consistent with council’s direction, staff requested a quote from the contractor for the revised work and the contractor has submitted a change order for the revised work.  The change order increases the NTE amount in the construction contract from $115,689 to $120,771, an increase of $5,082. The Central Stairway is 4 foot wide and the West Stairway was 3 foot wide so the cost increased due to additional material cost. Mayor pro tem Laratta moved to approve Resolution No. 19-13 with Alderman Johnson seconding. The motion carried unanimously.  

During discussion of staff reports, CDD Rears reviewed the Belvidere floor plans which the design team is in process for construction drawings. Public Works Director Hoover provided the following summer season information: confirmation of the upcoming Spring Street project with the expectation that there will always be one lane open to traffic. 

To wrap things up, once again the public was invited to comment or participate. Mary Laffey, 221 W 4th High, requested recognition for retiring Postmaster Patty Sprague, and the paving of County Road Street. At 8:09 p.m., Mayor Fey adjourned the meeting.

(Originally published in the June 6, 2019, print edition of The Mountain-Ear.)