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CASSELBERRY CITY COMMISSION Minutes of June 27, 2016 — Regular Meeting Page 9 or 16 Mr. Woodruff advised that the proposed amendments to the City's ULDR included the following: - Removes body art establishments from Section 2-5.3, Land Use byDistricts table 2-5.3 under Non -Traditional Uses; - Strikes body piercing establishments and tattoo parlors from Section 2-7.26 within the Seminola Overlay District; - Removes body art establishments from Section 2-7.30 from Non -Traditional Uses; - Removes tattoo parlors from Section 3-10.13, Community Redevelopment District (CRD) prohibited uses; - Adds body art establishments to the list of commercial activities in the general retail sales and service definition found in Section 5-21.2; - Removes body art establishments from the Non -Traditional Uses definition found in Section 5-21.2. Mr. Woodruff further pointed out that some clerical errors which appeared in the proposed ordinance but which were not substantive in nature would be corrected in the final proposed ordinance presented to the Commission for second and final reading. He added that Ordinance 16-1445 was compatible with the City's Comprehensive Plan. Discussion: hi response to an inquiry from Commissioner Solomon, Mr. Woodruff advised he was unsure of the number of body art establishments currently in the City. In response to questions from Mayor Glancy, Ms. Reischmann advised that enacting this ordinance would in fact remove some of the current protections against proliferation of this type of business in the City, but as the Court's ruling gave these establishments elevated status they would have to be treated as any other retail establishment. She added that it would be very difficult to try and regulate them any differently. Budget Impact: There is no impact to the City Budget. Recommendation: The City Manager and the Community Development Director recommended approval of Ordinance 16-1445 on first reading. Audience Participation: No one came forward to address Ordinance 16-1445. MOTION: Commissioner Solomon moved to approve Ordinance 16-1445 on first reading, as presented. Motion was seconded by Commissioner Meadows. Discussion: A lengthy discussion ensued regarding concerns about the negative effects such a court ruling had on the Commission's ability to govern the City under Home Rule; standards and prohibitions within Community Redevelopment Districts; strict criteria for establishing definitively the negative effects of these types of businesses; concerns about possible firture First Amendment protections for other types of businesses; City's liability for possible litigation if the ordinance is not passed; pros and cons of being proactive on this issue; possibility of a temporary moratorium of these types of establishments to allow additional research on options; the City's possible liability for damages and attorneys' fees in the event of litigation; and the differences between Court rulings regarding adult entertainment versus body art establishments. Motion failed by voice vote 2-3, Mayor Glancy, Vice Mayor Hufford and