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CASSELBERRY CITY COMMISSION Minutes of November 14,2011 — Regular Meeting Page 16 of 23 Public Hearing: Mayor Glancy opened the public hearing relative to Ordinance 11 -1365 to hear and consider colmnents and questions regarding this issue. No one came forward. Mayor Glancy closed the public hearing relative to Ordinance 11 -1365. MOTION: Commissioner Solomon moved to approve Ordinance 11 -1365 on first reading, as presented. Motion was seconded by Commissioner Hufford. Motion carried unanimously by voice vote 4 -0. E. Public Hearing: Resolution 11 -2321 — Extension to Ordinance 11 -1350 — Moratorium on Internet Cafes and Similar Uses (MISC 11 -15) The City Clerk read Resolution 11 -2321 by title as follows: "A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, EXTENDING FOR AN ADDITIONAL NINETY (90) DAYS THE TEMPORARY MORATORIUM PROVIDED BY ORDINANCE 11 -1350 ON THE ISSUANCE OF ANY BUSINESS TAX LICENSE, PERMIT, CONDITIONAL USE APPROVAL, SITE PLAN APPROVAL AND ANY OTHER OFFICIAL ACTION OF THE CITY OF CASSELBERRY HAVING THE EFFECT OF PERMITTING OR ALLOWING THE CONSTRUCTION AND /OR OPERATION OF CERTAIN BUSINESSES WITHIN THE CITY OF CASSELBERRY, RELATED TO GAME ROOMS, ARCADES, INTERNET CAFES, SWEEPSTAKES REDEMPTION CENTERS AND SIMILAR INDOOR ENTERTAINMENT AND AMUSEMENT ACTIVITIES; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE." Notice of Public Hearing: The Notice of Public Hearing relative to Resolution 11 -2321 was published in the Orlando Sentinel on November 3, 2011. Staff Presentation: Sandra Smith, Development Services Manager, gave a brief overview of the item, explaining that Ordinance 11 -1350 had been adopted on June 13, 2011 putting into abeyance the issuance of any official document that may enable the location of a new arcade, internet cafe, sweepstakes redemption center, or similar indoor entertainment and amusement activity within the City for 180 days. She advised that the moratorium would expire on December 10, 2011, but allowed for one extension not to exceed 90 days. She stated that Resolution 11 -2321 would provide for a 90 -day extension to the moratorium with an expiration date of March 9, 2012. Ms. Smith advised that the Planning and Zoning Commission had reviewed this action at its November 9, 2011 meeting and provided a favorable recommendation to the Commission. She explained that the moratorium was being requested to provide additional time for the resolution of the litigation regarding the Seminole County ordinance. She added that extension of the moratorium would eliminate the possibility ofthis type of business coming into the City until the March 9, 2012 expiration date and it was anticipated that the County's litigation would be resolved by that date. Ms. Smith advised that Commission approval of this moratorium for a time period greater than one year could present a liability to the City due to recent legislative action relating to taking under the Bert Harris Act and she requested that any questions relating to that that legislative action be directed to Ms. Reischmann.