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Home My WebLink About2016 Resolution No. 097,. • RESOLUTION NO. 97 SERIES OF 2016 • • A RESOLUTION SUBMITTING PROPOSED BALLOT LANGUAGE TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED BALLOT QUESTION AMENDING THE ENGLEWOOD MUNICIPAL CODE RELATING TO THE PROHIBITION ON THE RETAIL SALE, COMMERCIAL CULTIVATION AND MANUFACTURE OF RECREATIONAL MARIWANA WITHIN THE CITY LIMITS OF ENGLEWOOD, COLORADO. WHEREAS, on August 10th , 2016 an initiative petition was submitted to the City Clerk's Office; and WHEREAS, the Englewood Home Rule Charter and State Statutes provide that this matter be forwarded to the Englewood City Council after the City Clerk certifies the validity and sufficiency of such initiative petition; and WHEREAS, the Englewood City Clerk has certified the validity and sufficiency of the signatures for the initiative petition; and WHEREAS, a "yes" vote for this Initiative will prohibit the retail sale, commercial cultivation and manufacture of Recreational Marijuana within the City Limits of Englewood; and WHEREAS, a "no" vote indicates the voter does not want to prohibit the retail sale, commercial cultivation and manufacture of Recreational Marijuana within the City Limits of Englewood; and WHEREAS, in support of Amendment 64 (Section 5, "Regulation of Marijuana", Part 9F*) as passed by Colorado voters in 2012, should the citizens of the City of Englewood, Colorado exercise their right and prohibit the sale of Marijuana for recreational use as will prohibit Marijuana cultivation and manufacturing facilities within the City Limits? This in no way affects the personal use of Marijuana according to said Amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. There is hereby submitted to the registered electors of the City of Englewood at the next scheduled municipal election on November 8, 2016 a proposed amendment to the Englewood Municipal Code of the City of Englewood, to read as follows: • 1 Ballot Question __ A "yes" vote for this Initiative will prohibit the retail sale, commercial cultivation and manufacture of Recreational Marijuana within the City Limits of Englewood. A "no" vote indicates the voter does not want to prohibit the retail sale, commercial cultivation and manufacture of Recreational Marijuana within the City Limits of Englewood. In support of Amendment 64 (Section 5, "Regulation of Marijuana," Part 9F*) as passed by Colorado voters in 2012, should the citizens of the City of Englewood, Colorado exercise their right and prohibit the sale of Marijuana for recreational use as well prohibit Marijuana cultivation and manufacturing facilities within City Limits? This in no way affects the personal use of Marijuana according to said Amendment. * Amendment 64, SECTION 5, Regulation of Marijuana, "Part 9F": "A LOCALITY MAY PROHIBIT THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING FACILITIES, MARIWANA TESTING FACILITIES, OR RETAIL MARimANA STORES THROUGH THE ENACTMENT OF AN RESOLUTION OR THROUGH AN INITIATED OR REFERRED MEASURE." ___ Yes ___ No Section 2. Each elector voting at said election and desirous of voting shall indicate his/her choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used. Section 3. The proper officials of the City of Englewood shall give notice of said next scheduled municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Section 4. Only if the question is approved by the registered electors of the City of Englewood shall the Englewood Municipal Code be amended. Section 5. If any section, paragraph, clause, or other portion of this resolution is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portions of this Resolution. ADOPTED AND APPROVED this 6th day of September, 2 • • I, Loucrishia A. Ellis, City Clerk for the ty of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. ---1'Z, Series of 2016. _ .J JG • 2 • Date September 6, 2016 INITIATED BY City Clerk's Office Agenda Item 11civ COUNCIL COMMUNICATION Subject Proposed resolution submitting to a vote of the registered electors of the City of Englewood, a question regarding prohibition on the retail sale , commercial cultivation and manufacture of recreational marijuana within the City limits of Englewood, Colorado. STAFF SOURCE Loucrishia A Ellis , City Clerk COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This initiative has been discussed at several meetings of Council. RECOMMENDED ACTION Approve the proposed resolution placing this issue on the November 8, 2016 ballot. As the Initiative Petition has been declared valid and sufficient, and the City Clerk has certified those results to City Council, the City Clerk must certify the proposed ballot question to the Arapahoe County Clerk and Recorder. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED On June 10 , 2016, a written notice of the proposed initiative was filed with the City Clerk's Office in accordance with Colorado Revised Statutes § 31-11-104 ( 1 ) . • The deadline to turn in the petition was August 10, 2016 by 5 :00 p.m . and they needed at least 597 valid signatures of City of Englewood registered electors. On June 22 , 2016 , the City Clerk certified the Initiative Petition as to form. On August 10 , 2016 , the In itiative Petition was filed with the City Clerk's Office. Englewood C ity Charter, Article VI § 46 ... lf the petition is sufficient, Council shall pass the proposed ordinance without alterations within 30 days, or shall submit same to a vote of the electors at the next general municipal election . If Council does not pass the ordinance without alterations, the proposed ballot question will be placed on the ballot at the City's November 8, 2016 Coordinated Election . FINANCIAL IMPACT Since costs are based on several variables, e .g. the number of registered electors in the City of Englewood at the time of the election , the number of entities participating in the election , the financial impact is only an estimate. The County's estimate of our fina l cost is $11 ,659 .69 . The cost of this additional ballot question has been factored in to this cost. LIST OF ATTACHMENTS Proposed resolution . Written notice of the proposed in itiative . • Memo to Mayor Jefferson and City Council , dated August 19, 2016, certifying the validity and sufficiency of the Petition . TO: Englewood City Clerk • FROM: Citizens for the Responsible Implementation of Amendment 64 RE: A citizen's ballot initiative concerning recreational marijuana in Englewood DATE: 10 June, 2016 FOR NOVEMBER 2016 GENERAL ELECTION SUMMARY: A "yes" vote for this initiative will prohibit the retail sale, commercial cultivation and manufacture of recreational marijuana within the city limits of Englewood. A "no" vote indicates the voter does not want to prohibit the retail sale, commercial cultivation and manufacture of recreational marijuana within the city limits of Englewood. In support of Amendment 64 (SECTION 5, "Regulation of Marijuana," Part 9F*) as passed by Colorado voters in 2012, should the citizens of the City of Englewood, Colorado exercise their right and prohibit the sale of marijuana for recreational use as well prohibit marijuana cultivation and manufacturing facilities within city limits? This in no way affects the personal use of marijuana according to said Amendment. • Donna Deanne Macdonald 331 W. Lehow#ll Englewood, CO 80110 Deanne-M@comcast.net (303) 501-4677 • Peggy Bogaard-Lapp 5034 S Grove Street Englewood, CO 80110 . bogaardlapp@gmail.com (303) 638-6102 * Amendment 64, SECTION 5, Regulation of Marijuana," Part 9F: "A LOCALITY MAY PROHIBIT THE OPERATION OF MARimANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES, OR RETAIL MARiruANA STORES THROUGH THE ENACTivlENT OF ··· AN ORDINANCE OR THROUGH AN INITIATED OR REFERRED MEASURE," • • • • • MEMORANDUM TO: Mayor Jefferson and City Council Members FROM: Loucrishia A. Ellis, City Clerk DATE: August 19, 2016 SUBJECT: Initiative Petition: A "yes" vote for this initiative will prohibit the retail sale, commercial cultivation and manufacture of recreational marijuana within the city limits of Englewood A "no" vote indicates the voter does not want to prohibit the retail sale, commercial cultivation and manufacture of recreational marijuana within the city limits of Englewood. In support of Amendment 64 (SECTION 5, "Regulation of Marijuana," Part 9F*) as passed by Colorado voters in 2012, should the citizens of the City of Englewood, Colorado exercise their right and prohibit the sale of marijuana for recreational use as well prohibit marijuana cultivation and manufacturing facilities within city limits? This in no way affects the personal use of marijuana according to said Amendment. * Amendment 64, SECTION 5, Regulation of Marijuana," Part 9F: "A LOCALITY MAY PROHIBIT THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES, OR RETAIL MARIJUANA STORES THROUGH THE ENACTMENT OF AN ORDINANCE OR THROUGH AN INITIATED OR REFERRED MEASURE," State of Colorado ) ) ss County of Arapahoe ) I, the undersigned, do hereby certify, pursuant to Colorado Revised Statutes §31-11- 109, that the Initiative Petition filed with the City Clerk's Office on August 10, 2016 has been reviewed and it has been determined to be valid and sufficient. Attest: Ste cc: Eric Keck, City Manager