The final legislative act of the outgoing City Council on Tuesday, Jan. 4, was to unanimously pass a resolution urging the city’s voters to vote no on a citizen-initiated modification of the ordinance regulating retail marijuana establishments. The proposed change would increase the number of stores allowed from two to three.

Mayor John Graham and Councilor Steve Bremner both voiced the opinion that the process of changing the ordinance should have begun at City Council, rather than going directly to the voters without the customary public debate in council meetings.

Graham also stated that he felt that the initiative process was “manipulating our laws” for the purposes of a few people. He had said earlier that the initiative was an entrepreneurial maneuver driven by the profit motive.

Mayor Pro Tem Nancy Fortuin said that she and others, especially on social media, wanted to hear more discussion on the subject.

The resolution reads, in part, “City Council considers the initiative process to be an essential safeguard of American democracy, which at times can be misused to adopt laws that favor the financial gain of a few” and “City Council believes that maintaining the two-establishment limit reflects the will of the voters, and that the existing location limitations in the commercial district of the eastern portion of the city has worked effectively and should be maintained.”

The special election ballots are due Tuesday, Jan. 18, and can be dropped off at the secure box just east of City Hall, 606 Manitou Ave., at any time. The deadline is 7 p.m. that day.

In another marijuana-related matter, council gave unanimous second-reading final approval to an ordinance increasing the sales tax on marijuana from 6 to 10 percent, the maximum state law allows.

Fortuin moved that a section specifying that proceeds from the marijuana tax are intended to be applied to capital improvements, with that decision being finalized annually in the budget process; wording to that effect was added.

Maggie’s Farm executive Dave Cuesta and Manitou resident Scott Hunt spoke in opposition to the tax increase.

Cuesta noted the many other external pressures on the marijuana business. He pointed out that the tax increase would create the state’s highest marijuana tax and that tax increases had been defeated at the state level and in Denver, among others.

Taxes elsewhere range from 5 to 6 percent. It’s feared that a higher Manitou tax would drive business to Denver and Pueblo, where the marijuana sales taxes are 5.5 and 6 percent, respectively.

Councilors welcomed Michelle Whetherhult to City Council. She was elected to represent Ward 3 in the Nov. 2 election, replacing Councilor Steve Bremner; he did not seek re-election.

Also sworn in Tuesday: Mayor John Graham, Ward 1 Councilor Natalie Johnson and Ward 2 Councilor Nancy Fortuin. Graham was the only one to face opposition during his campaign.

Graham told council that he supported Fortuin continuing as mayor pro tem, with Councilor John Shada as vice mayor pro tem. Councilor Judith Chandler moved that Shada be the new mayor pro tem, “in the spirit of rotation.” Councilor Julie Wolfe seconded the motion.

“I don’t think we can lose,” Graham said. Shada was elected mayor pro tem 5-2, with Graham and Johnson opposed.

Graham read a resolution of acknowledgement and appreciation for Bremner, which received applause from councilors and the audience. Fortuin said that she looks forward to seeing Bremner in other leadership roles in Manitou in the future and Chandler praised him for his level of preparation for council meetings.

Graham, noting Bremner’s fondness for trails and open space and his work in those areas, presented a McLeod trail-working tool to Bremner.

Bremner cited his efforts to improve the Manitou Incline and the positive effect they’ve had on Ruxton Avenue traffic. He also said that he hopes to serve on the Open Space Advisory Committee.

City Administrator Denise Howell said that the free emergency food distribution provided by Care and Share and the city will take place at 133 Manitou Ave. (the parking lot east of Loaf ‘N Jug), 11 a.m.-noon first and third Tuesdays, with the next two being Jan. 18 and Feb. 1.

Council re-appointed Farley McDonough to the Urban Renewal Authority Board of Directors.

Graham announced that COVID-19 will be discussed at the Jan. 18 regular Council meeting.

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