WATERVILLE — Two votes of the City Council on Tuesday are expected to determine if a marijuana retailer is allowed to open a shop at 68 College Ave.
The council is scheduled to consider approving an amendment to the city’s marijuana ordinance to reduce the area where marijuana business licenses are prohibited from 500 feet to 400 feet from the property line of a municipal safe zone. Councilors are also slated to consider approving a marijuana retail license to Frank Berenyi, owner of Marijuanaville, at 68 College Ave.
The meeting is scheduled to begin at 7 p.m. at The Elm at 21 College Ave. The meeting can be viewed via livestream through a link on the city’s website — waterville-me.gov. Those wanting to take part in the meeting may access another link at that website.
Berenyi was told by the city earlier this year a marijuana retail shop would be allowed at the College Avenue location. The council, however, voted later to create a safe zone around the Mid-Maine Homeless Shelter at 19 Colby St., and that zone now extends to 68 College Ave. The sale of marijuana and other drugs is prohibited in safe zones.
The city sought to find a way to accommodate Berenyi’s request without jeopardizing the purpose of a safe zone. After a long discussion, the council voted 6-1 on Sept. 21 to amend the city’s public safety ordinance by adding a new section regarding the adoption of municipal safe zones.
According to the change, when the city plans to create a safe zone in the future, officials will notify neighbors within 400 feet — instead of the current 500 feet — of the zone.
The amendment also eliminates the ability to make exceptions because City Solicitor William A. Lee III advised making exceptions could be indefensible in court.
Councilor Claude Francke, D-Ward 6, was the lone dissenter, arguing the City Council should not be “tinkering with the size of safe zones.”
Councilors then voted 5-2 to amend the marijuana ordinance to reduce the area where marijuana business licenses are prohibited from 500 feet to 400 feet from the property line of a municipal safe zone.
Francke and Councilor Greene, D-Ward 4, opposed the amendment. The council must take a second vote for it to be finalized.
In other matters Tuesday, councilors are expected to consider:
• A final vote to rezone part of the Waterville Junior High School property at 100 West River Road so the schools can build a 10,000-square-foot storage building there.
• Appointing members to a committee that would explore how to spend American Rescue Plan Act funds, to be used for COVID-19 relief.
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