Monica LaSalle, Central City. The Central City Council came out of an executive session prepared to take all necessary action related to the process of collecting delinquent sales and use taxes. At approximately 7:37 p.m., the executive session was concluded and Mayor Fey announced that the participants in the executive session had been: Mayor Jeremy Fey, Mayor pro tem Laratta, Alderman Jeff Aiken, Alderman Jackie Mitchell, Alderman Jack Hidahl, City Manager Daniel Miera, City Attorney Marcus McAskin and Finance Director Abigail Robbins. Mayor Fey proceeded to make the following announcement:

“For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the open meetings law, I ask that you state your concerns for the record.”  No objections were noted. 

After all formalities were acknowledged, Mayor Fey again spoke up to amend the agenda, adding a proclamation honoring the 50th Anniversary of Municipal Clerks Week, following up with reading and presenting the proclamation to Central City Clerk Reba Bechtel.

There were no conflicts disclosed regarding agenda items, so the council moved on to approve the Consent Agenda after briefly discussing details surrounding the cost to replace 21 windows in the Belvidere and the replacement vehicle policy for the Sheriff’s Office.

Alderman Aiken initiated motion to approve, with Alderman Johnson seconding and unanimous approval. Moving on to action items, the council considered Resolution No. 19-11 where they were asked to approve a services agreement with Revenue Recovery Group, Inc. 

Finance Director Robbins explained that this resolution approves a services agreement with Revenue Recovery Group, Inc. (“RRG”).  The city and RRG previously entered into a services agreement dated March 5, 2018 which established a not-to-exceed amount of twenty thousand dollars ($20,000.00), for compensation to be paid to RRG for the services provided under the that agreement.

Specifically, city staff desires that City Council authorize the city manager to execute the services agreement with RRG in order to permit the continued provision of services by RRG related to the city’s sales and use tax audit program, and to be completed by December 31, 2019. City Manager Miera confirmed that staff expects the contract to wrap up by years end. Alderman Aiken moved to approve with Alderman Johnson seconding and the motion carrying unanimously. 

Next on list for consideration was Ordinance No. 19-04 which, if approved, would repeal Article IV of Chapter 5 of the City of Central Municipal Code in its entirety. On March 5, 2006, the council adopted Ordinance 96-3 on second reading, which granted an electric franchise to United Power, Inc. and its successors.  

The city’s franchise agreement with United Power 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. 

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 Power has expired.  Repeal of Article IV of Chapter 5 of the code should eliminate any confusion as to whether United Power has a current franchise with Central City and is properly characterized as an administrative clean-up ordinance.

Alderman Aiken moved to adopt Ordinance No. 19-04 and further moved that second reading and public hearing be scheduled for Tuesday, May 21, 2019, at 7 p.m. to be held in these Council Chambers. Alderman Johnson seconded and without discussion, the motion carried unanimously.

Ordinance No. 19-05 proposed 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. The expansion of operating hours of marijuana establishments was discussed briefly at the April 16, 2019, work session, and City Council instructed staff to prepare the proposed ordinance.

Alderman Aiken moved to adopt Ordinance No. 19-05, an ordinance of the City Council of the City of Central, Colorado, 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, and further moved that second reading and public hearing be scheduled for Tuesday, May 21, 2019, at 7 p.m. to be held in these Council Chambers. Mayor pro tem Laratta seconded and without discussion, the motion carried unanimously.

As the last resolution under consideration for the evening, Public Works Director Sam Hoover took to the podium to explain Resolution No. 19-12, asking the council to approve a construction contract with Rodney D. Burrows & Associates for the 2019 West Public Stairway Project (Project No. PW-2019-1).  

The city issued a request for proposals for work associated with the West Public Stairway Project and following review of submitted bids, city staff is recommending that the Project be awarded to Rodney D. Burrows & Associates, a Colorado corporation.  This Resolution approves the award of the project to the contractor and delegates authority to the city manager to execute the construction contract with the contractor for the not-to-exceed price of $115,689.  

The city invited proposals from qualified contractors to remove and dispose of an existing stairway, furnish and install metal star treads and risers, handrail, guardrail and landings, including engineering, excavation, foundations and retaining required for the West Public Stairway leading from 219 Eureka Street to 216 W First High Street. The contract provides for, among other terms and conditions, a warranty and performance bond and a not-to-exceed amount of $115,689. The work is expected to be completed no later than November 1, 2019. 

Alderman Hidahl initiated a discussion regarding the need for the Central Stairway to be replaced due to the amount of use and the condition. Council consensus is to have staff determine if the West Stairway can be repaired or if it will need to be closed until it can be replaced.

Alderman Hidahl moved to approve Resolution No. 19-12 with an amended scope of work to shift the project to the Central Stairway project. Mayor pro tem Laratta seconded, and without discussion, the motion carried unanimously.  

(Originally published in the May 16, 2019, print edition of The Mountain-Ear.)