Black Hawk City Council prohibits THC extraction

marijuanaJohn Scarffe, Black Hawk. During its regular meeting on Wednesday, January 14, the Black Hawk City Council approved an ordinance prohibiting the use of flammable gas as a solvent in the extraction of tetrahydrocannabinol (THC) within any residential structure in the City. The Council also approved findings of fact for a retail marijuana license.

City Attorney Corey Hoffmann said a fairly significant explosion in Gilpin County during an attempt to extract THC triggered the discussion. If injuries result from such an explosion, Hoffmann said, it could be prosecuted as a felony, but if no injuries result this ordinance gives the City the ability to prosecute.

The ordinance amends the Black Hawk Municipal Code by the addition of a new section to read as follows: “The use of flammable gas as a solvent in the extraction of tetrahydrocannabinol (THC) or any other cannabinoid is prohibited within any residential structure in the City.”

Regarding a retail marijuana store, the City, acting as the City’s Retail Marijuana Local Licensing Authority, conducted a hearing on December 10, 2014, on the request by a business known as 1859 for a new Retail Marijuana Store License to be located at 231 Gregory Street, according to the resolution. At the December 10 hearing the City Council took evidence and heard arguments regarding the qualifications of the Applicant and the criteria set forth in the Black Hawk Municipal Code.

After hearing the evidence, hearing arguments, and deliberating on the evidence, the City Council approved the issuance of a Retail Marijuana Store License. The location of the licensed premises complies with the Black Hawk Municipal Code.

The evidence presented at the hearing showed that the number, type, and availability of medical marijuana outlets and other pertinent factors as set forth in the Colorado Retail Marijuana Code and the Black Hawk Municipal Code did not preclude the issuance of a license to the applicant. No evidence was presented that would require denial of the Application.

Based on the findings of fact above, the City Council therefore determined to grant the application for a new Retail Marijuana Store License to be located at 231 Gregory Street, effective as of December 10, 2014.

Quartz Valley Property Exchange and BLA

Thomas Isbester, Public Works Director, presented a resolution approving the property exchange agreement between the City and Quartz Valley Ranch Company. Isbester said this agreement is the culmination of quite a bit of work.

The City is trading mining claims to clean them up for a future reservoir in the Quartz Valley area. Two thirds of the reservoir will not be available for public use, Mayor David Spellman said.

The City has proposed open space uses and a water storage reservoir in the Quartz Valley/Maryland Mountain area. This exchange provides the land necessary to clean up ownership of areas the City requires, as well as sets in place a large reservoir easement on property owned by the Quartz Valley Ranch.

The agreement also includes a $50,000 payment to Quartz Valley Ranch as well as requirements for the City to construct fencing along new property lines and build access roads at the time of reservoir construction. The Council approved the property exchange.

Cindy Linker, with Community Planning and Development, proposed a boundary line agreement at 141 Gregory Street between Smithloch, LLC, a Colorado limited liability company, and the City. Smithloch is the owner of real property located in the City, and the City is the owner of right-of-way along Gregory Street and Selak Street adjoining Lot 1, according to background material.

The building located on Lot 1 encroaches on the City right-of-way outside the lot lines of Lot 1 as shown by surveys prepared following the enactment of Ordinance No. 98-1. Smithloch, LLC, disputes whether the building encroached on City right-of-way prior to the enactment of Ordinance No. 98-1.

Smithloch and the City desire to enter into a boundary line agreement to adjust the lot lines for Lot 1 so that the building located on Lot 1 does not encroach on City right-of-way. The Council approved the boundary line agreement.

Historic Preservation Commission

Linker also presented a resolution appointing two new regular members to the Historic Preservation Commission. Two of the regular members of the Historic Preservation Commission, Richard Smith and Terry Peterson, have resigned, so the Council desired to replace them.

Members of the Historic Preservation Commission must be residents of the City of Black Hawk and shall have such qualifications as the City Council deems necessary and desirable. To the extent possible, the commission is composed of both professional and lay members. The Commission consists of five members appointed by the City Council.

Letters of Interest were received from Lynnette Hailey and Thomas Gish. Both are City of Black Hawk residents, according to the resolution. Lynnette Hailey has a wide range of experience in the field of Historic Preservation and possesses the professional qualifications to be considered for one of the vacant unexpired terms. She is also the wife of Mayor David Spellman.

Thomas Gish is a civic-minded individual with no professional experience, but actively takes an interest in the community needs and the affairs of the City. He is devoted to making a difference in the community and is often appointed as an election judge. He enthusiastically volunteers his time by participating in the City-wide beautification event sponsored each May by the Historic Preservation Commission in conjunction with Historic Preservation month.

The Council appointed Lynnette Hailey as a regular member of the Historic Preservation commission to complete the four-year term of Richard Smith. The City Council also appointed Thomas Gish as a regular member of the Historic Preservation Commission to complete the four-year term of Terry Peterson.

The Council approved both appointments. The next meeting of the Black Hawk City Council will be at 3 p.m. on February 3 at 211 Church Street.