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City Council <br />Meeting Minutes <br />July 23 2019 <br />Page 5 of 14 <br />these considered together and it could cause an issue of the estimate of tax receipts and <br />trying to estimate far into the future <br />Mayor Pro Tem Lipton asked if a moratorium could be imposed to allow time for <br />considering rules City Attorney Kelly said that would be an option but would cause the <br />same complications with the excise tax. <br />Councilmember Leh was concerned about the effective date He noted Council had been <br />receiving resident comments about tightening the regulations He wondered if the 5% of <br />average market rate was clear <br />City Attorney Kelly asked if the language should be "the rate of five percent (5%) of the <br />average market rate, which is the average price of unprocessed retail marijuana that is <br />sold or transferred from a retail marijuana cultivation facility" Councilmember Leh said <br />that language was better <br />Councilmember Keany asked about timing if setbacks were being looked at tonight. <br />Mayor Pro Tem Lipton anticipated some conversation on setbacks He asked staff about <br />setback requirements on retail Director Zuccaro stated it is 1000 foot from public and <br />private schools No buffer from parks or other facilities Spacing was established at 1500 <br />feet between stores Mayor Pro Tem Lipton asked if there were setbacks from parks <br />originally Director Zuccaro answered yes among other requirements <br />Mayor Muckle called for public comment. <br />Dave Nosier, 604 Mead Court, felt the issue is not about setbacks, revenue, or <br />philosophical differences but a matter of quality of life He spoke to Lafayette about plans <br />to expand square footage for cultivation What he discovered was cultivation facilities <br />have spent a lot of money trying to mitigate odor and have not totally succeeded <br />Lafayette's odor mitigation plans are strict but if you go to the condo association in <br />Lafayette the odor is there He asked if any other cities have cultivation only a street <br />width from cultivation which could happen on Empire Road <br />Tom DeLorey, 587 Augusta Lane noted he previous lived in Colorado Springs near a <br />home growing marijuana in the basement 500 feet away and the scent of the skunk smell <br />some marijuana produces was strong He felt once this gets approved, the city never will <br />get rid of it. He doesn't want that in Louisville, it will affect the quality of life If there is no <br />breeze, the scent will just sit there He does not object to the sale or consumption but <br />does not want to allow the cultivation in Louisville <br />Patricia Ross, 3561 W Monmouth Ave , Englewood, grew up in Louisville and opposes <br />marijuana grows She asked Council not to pass this as is and to consider setbacks or <br />buffers She would like impact studies done on water and waste The criminal element <br />should be considered Louisville is off the beaten path and that could invite crime She <br />