CRIPPLE CREEK • At the July 20 City Council meeting, three councilmen — Mayor Pro Tem Tom Litherland, Mark Green and Charles Solomone — faced criticism for their votes July 6 to approve a gift shop at Cripple Creek Heritage Center.

First to speak during public comment were John and Miki Freeman, owners of The Creek restaurant. John Freeman said brick and mortar retailers in Cripple Creek will be paying their tax dollars to put themselves out of business because the center and its employees are supported and paid with historic preservation funds.

Miki Freeman said if Michelle Rozell, the city’s director of heritage tourism, wants to open a gift shop, she should use her own money to buy space in the city. “Rozell is trying to open a retail store without risking her own money,” she said. “She should resign.”

Steve and Karen Zoellner went further in their condemnation. Steve Zoellner is a former Cripple Creek councilman and Mayor Pro Tem. “You have defunded special events and local nonprofits and now you’re promoting the heritage center to compete with local retailers,” Steve Zoellner said. “And Michelle Rozell went on Facebook, bragging that she went against every business owner in Cripple Creek and won.

“The center is supposed to direct business to the rest of the city. It and the Jail Museum are city funded and can stay open year-round, but the other museums only make enough money to stay open for part of the year. It’s unfair.”

Karen Zoellner called for Green and Solomone to resign or face recall elections. Litherland is already term-limited.

“If you don’t resign, recall is our only option,” she said. “Your constituents have lost faith in you.”

Continuing the meeting, Sol Malick, president of Peak Government Affairs and the city’s lobbyist at the Colorado General Assembly, gave a legislative update. He said of the 657 bills introduced during the state legislative session, two were of concern to the state’s three gaming communities, Cripple Creek, Blackhawk, and Central City — HB1093, which regulates Bingo and Raffles, and SB216, which reallocates limited gaming funds.

“We ironed out our differences on bingo and raffles,” Malick said. “SB216 was negotiated behind closed doors so we didn’t have much warning when it was introduced. We still were able to make progress and we got the bill into a better place but it’s still not optimum.”

He said there are also American Recovery Plan funds available for childcare options and affordable housing, but the situation is complex.

Malick predicted that the state house won’t flip to the Republican side in November, but with only a three-seat difference in the senate, flipping there is a tossup.

City council approved adding a ballot question seeking a 1% sales tax increase for the Nov. 8 general election. Finance Director Paul Harris added language to the measure saying the sales tax increase will not apply to food purchase for consumption at home.

Council also approved an ordinance on initial posting determining that the city will comply with provisions of the Uniform Election Code.

In other business, City Administrator Frank Salvato reported 30-year employee Mickey Groves was not in the Gold King Mountain Inn pump station when it was recently hit by lightning. “He was away from the station for 10 minutes recharging his key card so he could unlock the door,” Salvato said. “He was lucky. When he came back, everything was burned. There must have been a fireball.”

Groves worked for many hours restoring water to the Gold King Mountain Inn, Salvato said and added that replacing equipment is going to be costly.

Because of steep slopes on Hayden Street, developer JR Gatlin asked council to approve a variance to cut the 5-foot front setbacks to zero feet.

Curt Sorenson, who lives across the street from the property, said approving the variance would set a bad precedent. Litherland agreed and, along with Green, voted against it. The variance passed.

Additionally, Council approved the following agenda items:

On second reading, the rezoning of two lots, owned by Clayton Homes in Hayden Placer, to neighborhood mixed use (BB), putting both lots into the same zone so that they can be merged for development.

A request by Richard D. and Annette D. Sweeny to waive water and sewer tap fees and the costs of installing a fire hydrant on Aspen Street for the construction of a single-family residence. The waiver is part of the city’s housing development incentive program and will cost the city $14,010. The Sweeneys have agreed to spend $41,000 extending a water line on Aspen Street.

Awarding a request for qualifications for water/wastewater line replacement/extension projects to AquaWorks.

The Cripple Creek Heritage Center.

Norma Engelberg, Pikes Peak Courier file