CITY SETS HEARING ON MED. MARIJUANA

Public Session Set For Next Tuesday

Fort Morgan residents will have a chance to express their views on the
issue of medicinal marijuana operations in the city at a public
hearing before the Fort Morgan City Council next week.

After a relatively brief discussion at a special meeting Tuesday, the
council voted to hold the public hearing at its meeting on Tuesday,
Aug. 3, at 7 p.m. at City Hall.

The council may vote after that hearing on a course of action, which
would likely be one of three options outlined Tuesday by City Attorney
Jeffrey Wells.

Those options included:

A ban on medical marijuana dispensaries and growing operations in the
city, either by an ordinance approved by the city council or through a
public vote of city residents.

Developing and enacting local regulations for the city to govern the
operation of medical marijuana operations.

Choosing to take no action and allow any local medical marijuana
business to be regulated under state laws.

Wells reviewed the history of the state constitutional amendment that
legalized medical marijuana in 2000 and some of the statistics that
have been compiled since then. Just over 30,000 people currently have
valid state authorization to use medical marijuana, he said, with the
average patient a male of age 40. Thirty-eight percent of the
"cardholders" live in the Denver metro area.

Wells said 22 Morgan County residents are among the registered
users.

Other communities have taken various actions to deal with the
proliferation of medical marijuana businesses, Wells said, ranging
from outright bans to local regulations with hefty fees attached.

Rocky Ford, for example, has enacted regulations that include a fee of
$12,500 to submit an application to operate a medical marijuana
dispensary, Wells said.

The state law passed this year, House Bill 1284, says that operators
of such businesses must receive some sort of local approval before
they can be issued a state license, Wells said, which puts the city in
the position to enact procedures and a process to regulate them.

Even if the city chose not to enact local regulations, Wells said, it
could have some measure of control through zoning regulations and
business licensing requirements. But doing that would not give the
city the kind of control it has over liquor licensing, for example,
where it can hold public hearings on licensing issues and assess the
suitability of a particular person to operate such an enterprise.

Well said the city staff advises bringing the public in on the medical
marijuana discussion.

"The recommendation from staff would be to have some discussion
tonight, but to open it up to the public," he said. "We think it's
best to hear from the community on this."

Wells noted that the deadline is quickly approaching to get a question
on the November general election ballot if that is the course the
council chooses. The city would have to notify the Morgan County Clerk
by the end of August, he said.

Councilman Ron Shaver asked whether any regulations imposed by the
city would have to be more stringent than those implemented by the
state. Wells said they can be more strict, noting that the city could
require such things as security measures, like surveillance cameras,
safes and other equipment, and set the rules for such operations to
fit Fort Morgan.

Councilwoman Lyn Deal said she was comfortable with banning medical
marijuana in the city, either by a council vote or a public election.

"I feel we have plenty of painkillers available -- anti-nausea,
everything -- and I don't think we need one more," Deal said. "And we
have better things to be doing."

Councilman James Powers offered a resolution setting a public hearing
for Aug. 3, with the possibility of a council vote on the issue after
the hearing. That resolution passed unanimously.

Wells clarified that any council vote after the hearing next week
would be to direct the city staff to begin working on the course of
action decided by the council -- to draft an ordinance banning medical
marijuana, for example, or to prepare a ballot question for a public
vote -- and would not be a vote to ban such operations.

Other business

Also at Tuesday's special meeting, the council:

Unanimously approved leasing property at the Fort Morgan Municipal
Airport to Richard Tackabury for construction of an airplane hangar.

Unanimously approved a bid for installing new traffic signals at
Railroad Avenue and Main Street to match the signal lights placed
during the downtown improvement project.

The only bid came from Mountain Constructors of Platteville, which
recently did the Rainbow Bridge enhancement project. The cost approved
Tuesday is not to exceed $165,000.

Municipal Engineer Brad Curtis said the installation would be done
sometime after September to avoid interfering with the Fall Harvest
Car Show.

Unanimously approved a bid for replacement of water lines on Cherry
Street and South State Street.

Two bids were received, with the lowest from Ransom Boone Excavating
of Fort Morgan. That bid was for $73,470, and Curtis recommended
accepting it at a cost not to exceed $80,000. The balance above the
bid would be used to cover "minor unforeseen conditions," Curtis said.

The water lines to be replaced are in the 100 to 300 blocks of Cherry,
between Burlington and Gateway Avenues, and South State between
Burlington and Circle Drive.

The Cherry Street portion of the project would replace an outdated and
undersized 4-inch water main that has inadequate water flow, and
install additional hydrants in the area. The South State segment would
install a new main line and hydrants in an area that is currently
served by a 1-inch water line.

In announcements at the end of the meeting, Mayor Terry McAlister
thanked Water Distribution Superintendent Mitch Church for his quick
thinking and reaction last week when he averted a potentially
"disastrous" situation when a water truck began rolling down a hill
toward a playground.

Church was at the meeting on crutches, having broken his foot when he
ran to jump into the cab of the truck when it began rolling. The truck
was headed down the hill above Optimist Park, and children were
finishing soccer practice nearby.