City Council Agenda and Packet 2019 08 06

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City Council Meeting Minutes July 23, 2019 Page 3 of 14 City Manager Balser noted she has appointed Stan Zemler as Interim Economic Development Director. She asked Public Works Director Kowar to give an update on Coyote Run. Director Kowar said a contractor has mobilized on the site. Earth work is taking place and drilling for caissons to stop slope movement will take place this week with anticipated completion by end of August. REGULAR BUSINESS MARIJUANA CULTIVATION AND EXCISE TAX BALLOT ISSUES ORDINANCE NO. 1776, SERIES 2019 — AN ORDINANCE IMPOSING AN EXCISE TAX OF UP TO TEN PERCENT ON RETAIL MARIJUANA CULTIVATION FACILITIES BEGINNING JANUARY 1, 2020, TO BE IMPOSED ONLY IF THE REGISTERED ELECTORS OF THE CITY APPROVE A BALLOT QUESTION PERMITTING SUCH CULTIVATION FACILITIES WITHIN THE CITY, AND PROVIDING FOR THE SUBMISSION OF THE ORDINANCE TO A VOTE OF THE REGISTERED ELECTORS AT THE REGULAR ELECTION TO BE HELD NOVEMBER 5, 2019 — 2nd READING, PUBLIC HEARING (advertised Daily Camera 7/14/19) ORDINANCE NO. 1777, SERIES 2019 — AN ORDINANCE AMENDING TITLES 5 AND 17 CONCERNING RETAIL MARIJUANA CULTIVATION FACILITIES AND SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY OF LOUISVILLE AT THE REGULAR MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2019, THE QUESTION OF WHETHER TO PERMIT SUCH RETAIL MARIJUANA CULTIVATION FACILITIES WITHIN THE CITY SUBJECT TO AN EXCISE TAX ON THE SAME — 2nd READING, PUBLIC HEARING (advertised Daily Camera 7/14/19) Mayor Muckle called the items and noted there are two ordinances and both will be considered during this public hearing. City Attorney Kelly introduced the ordinances by title. She noted Council had previously updated regulations concerning marijuana facilities and at that time asked staff to compose ballot language to refer to the voters allowing cultivation of marijuana subject to an excise tax. The Finance Committee reviewed the issue and recommended City Council refer both questions to the voters. Ordinance 1776 addresses the excise tax. Specifically, it: • Refers to the voters a TABOR ballot issue seeking authorization to impose an excise tax on the first sale or transfer of unprocessed marijuana by a retail marijuana cultivation facility. • The proposed tax rate is five percent (5%) of the average market rate of the marijuana. The ordinance authorizes City Council to increase the rate to ten percent (10%) without further voter approval. The tax would only be imposed it retail marijuana cultivation facilities are permitted within the city. This permission 20