On Aug. 20, Judy Morgan, Manitou Springs city clerk, received a petition asking to allow a third medicinal and recreational marijuana outlet in the city. On Sept. 2, Morgan notified Scott and Lise Hunt of Manitou Springs, members of a group called Committee PMF CO, that the petition had a sufficient number of signatures.
The petition, in the form of an ordinance, came before City Council for first reading consideration at the Sept. 21 regular meeting.
The law specifies that council has only two alternatives when presented with an ordinance that resulted from a citizen initiative petition: pass it exactly as written after first and second readings or not pass it.
Not passing it requires that it go before the voters for approval or rejection. If council doesn’t pass it, a special election is to take place between 60 and 150 days after the final determination of petition sufficiency.
Therefore, the election “window” is between Nov. 2, 2021, and Jan 31, 2022.
A special election is estimated to cost $17,000, Morgan said.
Technically, the ordinance would re-draw the map that shows permitted locations for marijuana stores. Councilor Julie Wolfe and other councilors felt that the locations described in the proposed ordinance were ambiguous.
According to the ordinance, “retail marijuana stores and retail marijuana testing facilities shall only be located either in the portion of the commercial zone district located north and east of U.S. Highway 24, and south of El Paso
Boulevard to the city’s eastern boundary or in the portion of the commercial zone district located no more than 150 feet south of U.S. Highway 24 within the city limits so long as such medical marijuana center or retail marijuana store provides at least one hundred (100) parking spaces for its customers and business invitees.”
Wolfe asked for a professionally prepared map and Councilor Judith Chandler agreed.
Mayor Pro Tem Nancy Fortuin did not feel that it was council’s responsibility to provide such a map. Wolfe replied that it was “ethical” to help the voters know what they would be voting on. City staff will prepare a map.
Councilor John Shada felt that council should show respect for the process and subject the proposed ordinance to first and second readings.
Mayor John Graham said that the initiative petition process was designed as a means for citizens to redress grievances or otherwise address the common good. The ordinance before them, Graham said, did not meet this standard but was rather an entrepreneurial maneuver to allow the petitioners to open a marijuana store.
Fortuin moved that council opt for a special election and that passed unanimously. Time constraints are such that they decided to hold the special meeting at 5:30 p.m. Tuesday, Sept. 28, preceding the regularly scheduled work session with the Planning Commission.
Apparently, council will pass a resolution to reject the ordinance, sending it to a special election.
It was noted that even if voters grant permission for a third store, such a facility would be subject to the conditional-use process and could be rejected at that time.
Councilor Natalie Johnson reported on the work of the mask task force, to which she, Chandler and members of the Manitou Springs School District 14 school board belong.
Earlier in the meeting, a Manitou citizen addressed council during the public comment on non-agenda items portion of the agenda and asked for proof that masks are effective, citing “bad” statistics from New York City. He also asked what criteria are in place for ending the mask mandate.
In keeping with council policy concerning public comment on non-agenda items, his questions were not addressed.
Johnson told council that data indicates that 57 percent of Manitou seniors are fully vaccinated and that 54 percent of the town’s overall population is fully vaccinated. The numbers are rising, she said.
“It’s all about vaccinations, vaccinations, vaccinations,” Johnson told her colleagues and the audience.
Chandler asked D-14 Superintendent Elizabeth Domangue how the district is enforcing the mask mandate. She also asked for specific numbers of positive tests among students.
Domangue said that a meeting on Wednesday, Sept. 22 (after the Bulletin’s press time), would produce those and other figures. The superintendent agreed with Chandler that numbers from Manitou made more sense than relying on county-wide numbers for guidance and evaluation in Manitou and the district.
Council was told that the school district conducts aggressive and expert contact tracing.
Also, council made three appointments to boards and commissions Tuesday.
C. Susan Presti was appointed as a regular member of the Historic Preservation Commission.
Kinsey Zaire Watts and Ralph Routon were appointed as regular members of the Manitou Arts, Culture, and Heritage board of directors. Routon is also executive editor emeritus of the Pikes Peak Bulletin.
Graham asked Routon to comment, considering the Bulletin’s coverage of council. The suggestion was made in jest and chuckles were heard. Routon had no comment except to say that “considering how close the vote was (to pass the MACH sales tax), I look forward to promoting public awareness.”
Graham had written a memorandum from City Council addressed to city employees and the public titled “Roles, Responsibilities, Commitment and Accountability.” The original posting was withdrawn and Graham redrafted it and sent the rewrite to council members. He asked councilors to submit their comments by noon Tuesday, Sept. 28.