City Council Minutes 2009 10 06 - Laserfiche WebLink

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City Council Meeting Minutes October 6, 2009 Page 14 of 16 Chief Goodman clarified that City Staff is not taking a position on medical marijuana dispensaries, other than restricting them from residential areas. Staff is requesting Council consideration of a moratorium until the general assembly or Colorado Attorney's Office provides guidelines. He noted, with respect to growing operations of medical marijuana, Amendment 20 is silent on the issue of growing. The current position is that they are illegal. He suggested Council may want to consider prohibition of growing medical marijuana in the City. Deputy City Manager Balser clarified Staff is requesting Council consider the Amended Ordinance No. 1557, Series 2009, defining medical marijuana dispensaries and prohibiting medical marijuana dispensaries as home occupations in resident areas. Staff is also recommending the Mayor and City Council discuss a moratorium on this issue on October 13, 2009 Special Meeting as an emergency ordinance, 1 st Reading. Mike Bellingham, 9285 Oseola Street, Westminster, CO stated the City of Louisville has already issued two Sales Tax 10 numbers to medical marijuana dispensaries and asked if the City would enforce regulations on those licenses. City Attorney Culley suggested Council not enter into discussions on those licenses at this time. She stated enforcement on those two sales tax licenses would be more difficult to regulate. City Manager Fleming clarified Staff is requesting Council direction on placing an emergency ordinance for consideration of a moratorium on medical marijuana dispensaries, on the October 13, 2009 Special Meeting agenda. Mayor Sisk closed the public hearing. MOTION: Mayor Pro Tem Marsella moved to approve Amended Ordinance No. 1557, Series 2009, which deleIes old Section 2, seconded by Councilor Dalton. City Attorney Culley requested a friendly amendment to clarify that old Section 2 amended Section 2 - Section 17.12.030 to add specific use groups and medical marijuana dispensary designation and as to whether those dispensaries would be allowed in those specific districts. VOTE: Roll call vote was taken. The motion carried by a vote of 7-0. MOTION: Mayor Sisk moved the City Council direct Staff to draft an emergency ordinance for Council consideration for 1st reading on a moratorium on medical marijuana dispensaries, for the October 13, 2009 Special meeting, seconded by Councilor Dalton. All in favor. ORDINANCE No. 1558, SERIES 2009 - AN ORDINANCE AUTHORIZING A LOAN FROM THE WATER AND WASTEWATER UTILITY FUND TO THE