CC Minutes 03/26/2012 - Laserfiche WebLink

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CASSELBERRY CITY COMMISSION Minutes of March 26, 2012 — Regular Meeting Page 7 of 16 DESCRIBED IN THIS ORDINANCE, EXCLUDING APPROVALS AND PERMITS FOR THE CONTINUANCE OF AN EXISTING BUSINESS; THE TEMPORARY MORATORIUM SHALL APPLY TO ALL REAL PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF CASSELBERRY; PROVIDING A PROCEDURE FOR EXTRAORDINARY HARDSHIP; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE." Notice of Public Hearing: The Notice of Public Hearing relative to Second Reading of Ordinance 12-1371 was published in the Orlando Sentinel on March 15, 2012. Staff Presentation: Ms. Sandra Smith, Development Services Manager, stated Ordinance 12-1371 imposes a 180 -day moratorium on issuance of City permits or approvals for various game rooms within the City limits. Ordinance 12-1371 puts into abeyance the issuance of any official document that may enable the location of a new arcade,_ internet cafd, sweepstakes redemption center, or similar indoor entertainment and amusement activities within the City. Adoption of this ordinance provides time for the resolution of the injunction on the Seminole County legislation prohibiting the use of simulated gambling devices within the County. The Seminole County legislation included the municipalities within the County. The injunction was lifted by the Circuit Court on May 6, 2011. Additional litigation has ensued. Additionally, the State legislature is reviewing legislation to prohibit Internet Cafe uses. The City Commission approved this ordinance on first reading at their meeting on February 27, 2012. Discussion: A brief discussion ensued regarding the injunction which was lifted, Seminole County's decision not to enforce their Ordinance while the litigation is pending, and the time frame for resolution of the pending litigation. Budget Impact: There is no impact to the City's budget. Recommendation: The Interim City Manager and the Community Development Director recommended adoption of Ordinance 12-1371. Public Hearing: Mayor Glancy opened the public hearing relative to Ordinance 12-1371 to hear and consider comments and questions regarding this issue. The following individual came forward: Mr. John Casselberry, 700 S. Lost Lake Lane, stated he was neither in support nor opposition of the Ordinance, but voiced concerns that the games do not fit the conventional definition of gambling. He suggested the City may want to broaden the description of the prohibited businesses to include the word "gaming" or something similar. No one else came forward. Mayor Glancy closed the public hearing relative to Ordinance 12-1371. MOTION: Vice Mayor Hufford moved to approve and adopt Ordinance 12-1371 on second and final reading. Motion was seconded by Commissioner Aramendia. Motion carried unanimously by voice vote 5- 0.