Serving the High Plains

City approves cannabis rules

The Tucumcari City Commission on Thursday unanimously approved a final version of its cannabis regulation ordinance after minor changes regarding outdoor cultivation of the plants.

New Mexico legalized the use and sale of recreational marijuana last spring. The first licensed sales are expected by early April 2022. Thursday’s decision was a culmination of months of discussion over Tucumcari’s zoning and regulation of weed shops.

Commissioners voiced little dissension over Ordinance 1160 except Ralph Moya, who noted a prohibition to outdoor cultivation of marijuana in the operational requirements section. He said several landowners in the city wanted to grow the plants outdoors. Moya urged a small part of that section be stricken, to which commissioners agreed.

The city’s attorney, Randall Van Vleck, said by teleconference he was skeptical how much marijuana would be grown outdoors, given its security and plant-quality concerns compared to indoor environments.

But Van Vleck noted forthcoming state regulations regarding recreational marijuana were “a moving target,” and he recommended adding the phrase “consistent with state statutes and regulations” to a section about land being used for agricultural purposes being “grandfathered in” for such production. He also said the ordinance could be revised later.

With those changes made, Moya made the motion to adopt the ordinance, with mayor pro tem Todd Duplantis seconding.

The key parts of the ordinance:

• It is illegal to smoke or consume cannabis at any city-controlled property or designated open space unless excepted for certain medical cannabis patients.

• No one can produce, manufacture or sell cannabis without a city permit.

• No cannabis establishment can be within 300 feet of a school, college, daycare center, church, rehabilitation center or parks.

• No cannabis establishment can be within 150 feet of each other.

• All new or substantially renovated buildings in the Route 66 overlay zone should be constructed with art deco, pueblo revival, mission revival or kitsch style consistent with the Route 66 era before the Interstate 40 era.|

• “Where feasible and architecturally sensible,” neon lighting should be used to highlight a building’s architectural features and free-standing signs.

• All new or renovated buildings in the Main Street District should be built with art deco, mission revival or other architectural styles consistent with the district’s history. “Unique, eclectic buildings are encouraged.”

• Any cannabis businesses outside of Main Street and Route 66 should fit with the development and character of the area.

• Cannabis businesses must have 24-hour video surveillance, and the odor of cannabis must not be perceptible at any adjoining use of the property or other parcels.

• Cannabis consumption areas must be separate from the rest of the business premises and use a climate control system to keep smoke from circulating elsewhere.

During public comment, Albuquerque attorney Jason Alarid said he was representing someone interested in converting a vacant, 10,000-square-foot building at 901 W. Route 66 Blvd. to a marijuana dispensary and production facility with art deco architecture and possibly an “old school” diner.

According to Quay County Assessor’s Office records, the building is owned by EMR Sales and Leasing of Albuquerque. It formerly was the Pow Wow West motel, then became apartments.

He said about 8,000 square feet would be used for growing marijuana, and the rest for retail and processing. He anticipated it would employ 10 to 20 people.

Alarid said the person he represents and others likely would lease other vacant buildings to grow marijuana, and Tucumcari would have a market advantage because of that and its proximity to the Texas border and Interstate 40.

He said marijuana grown indoors is higher quality, and such buildings would have “almost casino-level cameras” for security. He said such buildings likely would be inconspicuous.

Yvette Kent, a 1980 Tucumcari High School graduate, commented by teleconference said she was coming to Tucumcari to buy property so she can grow and sell marijuana and cannabis derivatives. Kent said she planned a hookah-style patio where she hoped she could get a waiver from the outdoor-consumption prohibition.

Work session

Before the meeting, City Manager Mark Martinez informed commissioners he wanted to hire a community services director and grant writer.

Martinez said he oversees 18 city departments and has no assistant. A community services manager would oversee eight departments, including the airport, convention center, economic development, golf course, senior center, historical museum and recreation department.

“It would take the weight off my plate,” he said.

Martinez said starting pay would be $58,000 a year, with more possible if the person earns certain certifications.

Duplantis acknowledged Martinez “needs help” but initially questioned such a hire just a few months after the city set a “difficult” budget where layoffs were considered. Martinez said the position already is budgeted, much like two previous city managers who had assistants.

Moya supported the idea but wanted the individual to oversee cannabis code enforcement. Martinez said many enforcement actions will be by the state.

Martinez said he planned to advertise for the position “as soon as possible,” with cannabis enforcement as part of the duties.

Cathy Elliott, a lobbyist for Clinton D. Harden & Associates in Clovis, told commissioners it’s likely the legislature will have “junior money” available in addition to its usual capital-outlay fund allocations during its 30-day session in January.

Elliott said such “junior money” would be available for requests ranging from $100,000 to $200,000.

Moya advocated using those funds to renovate the long-closed Princess Theatre downtown. Martinez cautioned it probably would cost $2 million to repair it. Duplantis advocated less-expensive exterior repairs “so it looks better and is more presentable.”

Other action

• Commissioners approved a multi-family project borrowers or management agent’s certification regarding the Chaparral Apartments and Colorado-based Monarch Properties and a self-certification letter for it. Martinez said later during his report the city may need to schedule a work session with Monarch regarding a still-standing offer for it to take over the property.

• Commissioners approved a resolution to participate in $950,000 from the state’s Transportation Project Fund, with a $50,000 match from the city, for street improvements in the Barnes and Gamble area. Project manager Ralph Lopez said the city has applied for a match waiver for the project. ¬†

• Commissioners approved a resolution that updates the city’s designated banking signatories.

• Commissioners approved a $45,886 engineering proposal with Parkhill of Rio Rancho for services associated with opening a new cell at the landfill.

• Commissioners approved a letter of binding commitment for the Drinking Water State Revolving Loan Fund to rehabilitate a concrete water tank on 11th Street. The total is $483,607. The city’s share would be $120,902 over 15 years of the loan, project manager Sharayah Sisneros said.

• Commissioners approved a transfer of $1,500 from lodgers tax executive funds to promotional funds to pay for a free concert Wednesday by National Park Radio. Duplantis commended Tucumcari MainStreet director Connie Loveland for her initiative in booking the band on short notice.

• Martinez said several state lawmakers, including Sen. Pete Campos, walked streets to see their disrepair issues. A priority is to alleviate persistent drainage problems at wheelchair ramps on Main Street.

• Martinez said the recreation department may relaunch a winter basketball tournament after it consults with the state about COVID-19 regulations.

• During public comments, Roadrunner Lodge Motel owner David Brenner said he and other business owners want to draw more luxury tour buses to stay overnight. He said each tour bus leads to $5,000 in economic activity.

 
 
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