City Council Agenda and Packet 2019 08 06

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City Council Meeting Minutes July 23, 2019 Page 5 of 14 these considered together and it could cause an issue of the estimate of tax receipts and trying to estimate far into the future. Mayor Pro Tem Lipton asked if a moratorium could be imposed to allow time for considering rules. City Attorney Kelly said that would be an option but would cause the same complications with the excise tax. Councilmember Leh was concerned about the effective date. He noted Council had been receiving resident comments about tightening the regulations. He wondered if the 5% of average market rate was clear. City Attorney Kelly asked if the language should be "the rate of five percent (5%) of the average market rate, which is the average price of unprocessed retail marijuana that is sold or transferred from a retail marijuana cultivation facility". Councilmember Leh said that language was better. Councilmember Keany asked about timing if setbacks were being looked at tonight. Mayor Pro Tem Lipton anticipated some conversation on setbacks. He asked staff about setback requirements on retail. Director Zuccaro stated it is 1000 foot from public and private schools. No buffer from parks or other facilities. Spacing was established at 1500 feet between stores. Mayor Pro Tem Lipton asked if there were setbacks from parks originally. Director Zuccaro answered yes among other requirements. Mayor Muckle called for public comment. Dave Nosier, 604 Mead Court, felt the issue is not about setbacks, revenue, or philosophical differences but a matter of quality of life. He spoke to Lafayette about plans to expand square footage for cultivation. What he discovered was cultivation facilities have spent a lot of money trying to mitigate odor and have not totally succeeded. Lafayette's odor mitigation plans are strict but if you go to the condo association in Lafayette the odor is there. He asked if any other cities have cultivation only a street width from cultivation which could happen on Empire Road. Tom DeLorey, 587 Augusta Lane noted he previous lived in Colorado Springs near a home growing marijuana in the basement 500 feet away and the scent of the skunk smell some marijuana produces was strong. He felt once this gets approved, the city never will get rid of it. He doesn't want that in Louisville; it will affect the quality of life. If there is no breeze, the scent will just sit there. He does not object to the sale or consumption but does not want to allow the cultivation in Louisville. Patricia Ross, 3561 W. Monmouth Ave., Englewood, grew up in Louisville and opposes marijuana grows. She asked Council not to pass this as is and to consider setbacks or buffers. She would like impact studies done on water and waste. The criminal element should be considered. Louisville is off the beaten path and that could invite crime. She 22