Loading...
HomeMy WebLinkAbout_2001 11 05 City Commission Workshop Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP NOVEMBER 5, 2001 1. CALL TO ORDER The Workshop of Monday, November 5, 2001 of the City Commission was called to order by Deputy Mayor David W. McLeod at 6:32 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed. ROLL CALL: Mayor Paul P. Partyka, absent Deputy Mayor David W. McLeod, present Commissioner Robert S. Miller, absent Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present II. WORKSHOP AGENDA A. Office Of The City Attorney Discuss The Regulation Of Adult Entertainment Establishments, Sexually Oriented Businesses, And Alcohol And Nudity. *Various Studies, Case Law And Other Information Have Been Previously Provided To The City Commission And Are Available In The Office Of The City Clerk For Review. City Manager Ronald W McLemore departed the Workshop at approximately 6:36 p,m. (to work in the West Conference Room, but would be available ifneeded). City Attorney, Anthony A. Garganese gave a brief presentation on the issue of Alcohol and nudity. During his presentation he cited some research and studies done by a Dr. George from the Seattle, Washington area, along with court cases. Further, Attorney Gargancse referenced information derived from a case entitled "Sammy's of Mobile v, City of lv/obile. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - NOVEMBER 5, 2001 PAGE 2 OF 4 Attorney Garganese then advised the Commission about the Adult Entertainment Ordinance that he wrote for the City of Casselberry; how the City of Winter Springs stands now in comparison to other cities in Seminole County; and Police and Fire calls to Adult Entertainment establishments. Discussion. A "Draft" Ordinance that Attorney Garganese presented to Members of the Commission (d{,aling with Alcohol and Nudity) was discussed next. Other cases and "Findings of Fact" were further discussed. Commissioner Edward Martinez, Jr. inquired if any studies had been done on individuals who patronize Adult Entertainment establishments, and then commit criminal acts. With further discussion, Attorney Garganese advised the Commission that the sensible thing to do is to have "One set of standards" for law enforcement. Regarding the "Draft" Ordinance, Commissioner Michael S. Blake asked why the "Ten year old" definition was necessary. Discussion. Commissioner Blake then stated, "What I would suggest is striking number (4) in this particular Ordinance." Attorney Garganese said that he would consider the threshold and advise the Commission at a later date. Commissioner Martinez added, "You should have something there to protect and allow the enforcement body to take action whenever it is appropriate." Attorney Garganese said he would further review the Ordinance especially regarding child pornography laws and the age issue. Commissioner Cindy Gennell stated, "Anytime we have something that has already stood a court test, I am in favor of adopting that language." Commissioner Martinez added, "Y ou have got to close as many loopholes as possible." Attorney Garganese advised the Commission that he plans to bring an Ordinance to the City Commission for consideration, possibly for the second Regular Meeting in November. Adult Entertainment regulations were next discussed. Attorney Garganese suggested that the City of Winter Springs consider revising what is currently on the books, and spoke of Semino!e County and the City of Casselberry's Ordinance. Discussion followed on "Sexually Oriented" businesses. Attorney Garganese advised the Commission that new Adult Entertainment establishments are required to be 2,500 feet from schools, Dis.cussion followed on zoning, and how sites in the City of Winter Springs would be affected. Attorney Garganese advised the Commission that the 2,500 feet requirement can be reduced if that is the City's preference, however, Attorney Garganese suggested that the impact on available sites should be considered before taking any such action. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - NOVEMBER 5, 2001 PAGE 3 OF 4 Discussion. Commissioner Gennell stated that, "The School Board purchased the property that they now own after we enacted that Ordinance - so how does the State Law affect the Ordinance that we put in place? Does it effectively amend our Ordinance?" Attorney Garganese responded that it did. Tape I/Sid(' B With further consideration of the distance requirements from schools and whether programs held at the Grove Counseling Center would be a factor, Deputy Mayor McLeod asked Attorney Garganese to look into this. Commissioner Gennell spoke of day-care centers a~ld said, "I would prefer to include day-care centers when we draft ours." Attorney Garganese advised the Commission that he would include day-care centers when the Ordinance is drafted. Discussion followed on the issue of location. Attorney Garganese suggested that an Interlocal Agreement might be a consideration. Further discussion regarding distance requirements continued with Attorney Garganese agreeing to consider the location of the Senior Citizen's Center; schools; parks and recreational areas; and the Cross Seminole Trail. Attorney Garganese explained to Members of the Commission about the documents that are part of the City's Legislative Record, and that he would be adding to the City's Legislative Record with time. Commissioner Blake said to Attorney Garganese, "Earlier, you showed us some evidence that suggested - at these types of establishments that there was a higher response required for Police and Fire Rescue, or more calls than other establishments that did not have these types of activities going on. Is there a way in our licensing to measure and perhaps revoke a license based on an above average impact on our public safety systems; or to have different fees associated with it; or to tax or bill them separately for that; or to utilize that information to make some other finding that would prohibit the activity?" Attorney Garganese explained that violations, incremental penalties, and revocations have been based on "Enumerated violations of the Code" and not on excessive Police or Fire responses. Commissioner Martinez asked if an Ordinance should include "Rave Clubs." Attorney Garganese spoke of an Ordinance dealing with this issue that he had composed for another municipality, and said that if the Commission would like to consider an Ordinance dealing with "Rave Clubs," that he could bring this to the Commission. Deputy Mayor McLeod stated, "I think if you previously drafted one, I think it would definitely be something that the Commission, at least from my standpoint, would be interested to see." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - NOVEMBER 5, 2001 PAGE 4 OF 4 Deputy Mayor McLeod asked the Commission, "Is that something the rest of this Commission would like to see, come right along with the rest of this?" Commissioner Martinez responded, "I think we ought to." Commissioner Gennell stated, "Yes." Attorney Garganese added that he has a Legislative record on "Rave Clubs" also. Attorney Garganese then suggested that the Commission might wish to review "Tab 30 - the 'Findings of Fact and Conclusions' of law adopted by the Casselberry City Commission" which dealt with "Rachel's" (an Adult Entertainment establishment), Deputy Mayor McLeod then stated, "That may be something that we could have the City Clerk run a copy of and put in each of our boxes." Commissioner Blake said, "The Findings of Fact, can we simply adopt those?" Attorney Gargancse agreed that these would be incorporated into the record. III. ADJOURNMENT Deputy Mayor McLeod said, "If there are no other questions, then I would take a Motion to Adjourn." "SO MOVED." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Deputy Mayor McLeod adjourned the Workshop at 7:44 p.m. " r; v~ /- .... -'. -/1-" _ -' ;-;" / RESJ!ECTFULLY SUBMITTED: :-::,; ~ ,~-; ," ;A" ; 0;,._. {:J;;;~l} - I ."<: REAcLQ ZO-LUACES, CMC