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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/31/2011 - RESOLUTION 2011-071 AMENDING RESOLUTION 2011-070 SDATE: August 31, 2011 STAFF: Steve Roy AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 3 SUBJECT Resolution 2011-071 Amending Resolution 2011-070 Submitting a Citizen-Initiated Ordinance to Prohibit the Operation of Medical Marijuana Centers, Optional Premises Cultivation Operations, and Medical Marijuana-Infused Product Manufacturing Within the City of Fort Collins Corporate Limits at a Special Municipal Election to Be Held on November 1, 2011, In Conjunction with the Larimer County Coordinated Election. EXECUTIVE SUMMARY This Resolution amends Section 2 of Resolution 2011-070, which was adopted by the City Council on August 16, 2011, and which submitted a citizen-initiated ordinance to the registered electors of the City concerning a prohibition of the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused product manufacturing within City limits. The initiated ordinance is to be considered by the City electors at a special municipal election on November 1, 2011. The proposed amendment clarifies that the reference to a regular election in Section 2 of the resolution is mistaken, and it corrects that error. BACKGROUND / DISCUSSION On August 16, 2011, the City Council adopted Resolution 2011-070 submitting a citizen-initiated ordinance to the registered electors of the City at a special municipal election to be held in conjunction with the Larimer County Coordinated Election on Tuesday, November 1, 2011 (the “Special Election”). The Special Election had previously been called by the City Council by adoption of Ordinance No. 82, 2011, expressly for such purpose. Section 2 of Resolution 2011-070 mistakenly refers to the Special Election as “said regular election”. The proposed resolution corrects this error by changing the reference to “said special election”. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. RESOLUTION 2011-071 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING RESOLUTION 2011-070 SUBMITTING A CITIZEN-INITIATED ORDINANCE TO PROHIBIT THE OPERATION OF MEDICAL MARIJUANA CENTERS, OPTIONAL PREMISES CULTIVATION OPERATIONS, AND MEDICAL MARIJUANA-INFUSED PRODUCT MANUFACTURING WITHIN THE CITY OF FORT COLLINS CORPORATE LIMITS AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 1, 2011, IN CONJUNCTION WITH THE LARIMER COUNTY COORDINATED ELECTION WHEREAS, on August 16, 2011, the City Council adopted Resolution 2011-070 submitting a citizen-initiated ordinance to the registered electors of the City at a special municipal election to be held in conjunction with the Larimer County Coordinated Election on Tuesday, November 1, 2011 (the “Special Election”); and WHEREAS, the Special Election had previously been called by the City Council by adoption of Ordinance No. 082, 2011, expressly for such purpose; and WHEREAS, Section 2 of Resolution 2011-070 mistakenly refers to the Special Election as “said regular election”; and WHEREAS, the City Attorney has recommended that the City Council adopt this amending resolution to correct the error in Section 2 of Resolution 2011-070. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 2 of Resolution 2011-070 is hereby amended by substituting the word “special” for the word “regular,” so that said Section 2 reads in its entirety as follows: Section 2. That the foregoing proposed citizen-initiated ordinance is hereby submitted to the registered electors of the City at said regularspecial municipal election in substantially the following form: PROPOSED CITIZEN-INITIATED ORDINANCE An ordinance prohibiting medical marijuana centers, optional premises cultivation operations, and medical marijuana infused products manufacturers from operating within the City limits, effective ninety (90) days after the date that the City Clerk certifies that a majority of registered electors in the City have voted in favor of this ordinance. FOR THE ORDINANCE _____ AGAINST THE ORDINANCE _____ Section 2. That, except as expressly amended by Section 1 of this resolution, Resolution 2011-070 shall remain in full force and effect as the same was adopted by the City Council on August 16, 2011. Passed and adopted at a special meeting of the Council of the City of Fort Collins this 31st day of August, A.D. 2011. Mayor ATTEST: City Clerk