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City Council <br />Meeting Minutes <br />July 30 2019 <br />Page6of8 <br />Councilmember Keany asked how long a moratorium can last. City Attorney Kelly stated <br />6-9 months is generally acceptable, longer than that may start to look like a ban and not <br />be considered reasonable by the Courts As long as the City is actively working on rules <br />during that time extensions are generally considered reasonable <br />Councilmember Loo asked if staff has a recommendation of the five options She asked if <br />this work will be done in house or contracted out if we move forward, what are the costs in <br />dollars and in staff time <br />City Manager Balser stated it is not exactly known, but the assumption is it would be in <br />house and we could base our work on that from other municipalities as a start. <br />Councilmember Loo stated #3 buys some time and gives some protections Mayor <br />Muckle stated he agreed it would be nice to only institute a moratorium if we need it. <br />Mayor Pro Tem Lipton stated #3 is not enough protection for the community and this <br />process has not be legally tested He stated the simplest and most cost effective process <br />is a simple moratorium We may want to have this in place for any possible applications <br />City Attorney Kelly stated #3 can only be effective if the Council at that time has the <br />appetite to enact a temporary moratorium on an emergency basis <br />Mayor Pro Tem Lipton stated he would like to have a strong message by enacting a <br />moratorium <br />Councilmember Maloney stated he would like a moratorium connected to the rule making <br />at the COGCC Deputy City Manager Davis stated much of the COGCC's work will relate <br />to the State and not pertain to local governments <br />Councilmember Stolzmann stated she thinks most residents want a total ban even though <br />that is not a tool available to us She stated #3 gives us the option to wait the longest <br />possible time without a moratorium Making rules now will require a great deal of time and <br />cause unrest in the community with no real benefit. <br />Deb Fahey asked where drilling is allowed now in Louisville Director Zuccaro stated an <br />applicant can apply for an SRU for any zone district in the City with a 350-foot setback <br />from a structure This complies with state law from the time when these rules were <br />written There are large areas of open space where drilling is still feasible and new <br />horizontal drilling options may make our areas useful for drilling <br />Mayor Pro Tem Lipton stated he feels putting a pre -application process in place just to <br />allow for a moratorium is dishonest. We would be better off being clear what we want by <br />having a moratorium now and putting regulations in place in the time available <br />