Fort Walton Beach Council minutes — 04-10-07 regular minutes — reading text

must be r~= II~~. Issuance of a Certificate of Occupancy, the applicant shall condominium documents to the City Attorney for her review and approval. 6. All site plans shall be properly signed, dated, and stamped. submit the ! " J Mr. Holmes seconded motion. Mr. Miller spoke in favor of the project moving forward to be completed as soon as possible. Mr. Garvie voiced his objection to demanding a developer to build something when they had already given something, such as the 10' across the entire property, and now they agree to build a 170' boardwalk which should be the cost to the City, but it is unfair to require they build the entire boardwalk. Dr. Pullen expressed his feelings that Council has an obligation to uphold the ordinances of the City and he will never place himself in a position where someone can charge him with misfeasance, that his military retirement and benefits are worth too much to him to vote to break a City ordinance. He added that some people should look at their own ethics and own integrity in upholding the oath of office they took to uphold the ordinances of the City of Fort Walton Beach Mr. Minich made a point of order that is not germane to the discussion The Mayor noted that staffs recommendation is that it is not in violation of the ordinances. Dr. Pullen responded that staff suffers no consequences when they make the recommendations, Council does, Council is responsible and staff is not. I Mr. Hartwell expressed his understanding if the developer can get a variance from the State that does not make the City noncompliant because a variance is an exception. He agreed it is quite a bit to ask of a developer to do the entire waterfront. He thought if they can mitigate and get the approval to get the 10' all the way around their property from dock to dock, from pier to pier, that would be a benefit to the City as long as they get the variance and approval from the State. He expressed his concern is if they do not, but he understood if they do not they have to come back to the Council. He expressed he would not endorse something that is contrary to law and wished to know if it is contingent upon approval by the State and if that would relieve the Council from misfeasance. The Mayor noted it cannot be built unless they receive permission. The City Attorney stated the Department of Environmental Protection is not the City' s Code of Ordinance so Council cannot violate a State regulation. She noted Council is asking the developer to require something that is well within their capabilities as there is a letter from their engineer that says it is in the works, and if they are not able to get the permit then Council will see them again because if they cannot build the boardwalk they will not have a Certificate of Occupancy. Mr. Minich commented the developer is not giving 10' it was a requirement when they bought the property. He expressed they should just move forward. L.  Regular Council 4- 10- 07 245 AMENDMENT TO SITE PLAN FOR PRESIDIO CONDOMINIUM cont. Mr. Holmes expressed his initial concern with the entire boardwalk but noted requiring part of the changes are being made on the pool deck because the owners requested it for their security, and in this instance he did not have a problem with requiring the developer to build the entire boardwalk to help mitigate the situation. Mr. Garvie commented the agreement was to give an easement for the boardwalk for the entire length of the property, not to build a boardwalk. and I""'" they chose to build a boardwalk for a portion of the property and the City has the to build the boardwalk the rest of the way. Mr. responsibility Minich clarified he said that they did not give the 10', that is the easement. The Mayor called for the vote on the motion to approve the proposed Development Order for the amended site plan for Presidio Condominiums with the following conditions: 1. The approval is based on the application and site plan developed by BVM Architect, project # 03002, originally dated 8- 13- 03 ( not all plans are numbered or dated), and the survey received October 14, 2003 by BVM Architect as amended by the following three plans: CRA Resubmittal - Site Plan Ground Level Parking C- 1. 1 undated, South Elevation A-2. 2 dated 12-20- 04, Third Level Plan - Monumental stairs at pool deck/Second level plan at pool deck A-0. 3 dated 12- 20- 04, and the as built foundation survey, dated 12 Dec. 06. 2. The applicant shall construct the boardwalk along the entire waterfront, protecting the trees that are in close proximity to the water. The of the boardwalk shall be design approved by the CRA Board of Commissioners prior to issuance of the building permit. The boardwalk shall be constructed prior to a Certificate of Occupancy for the building. 3. Prior to issuance of a Certificate of Occupancy, the City Attorney and Public Works Director shall review and approve the easement documentation for the City's boardwalk along Santa Rosa Sound to assure the easement is properly assigned and described. Said documentation shall include the City' s right to maintain said boardwalk. 4. Prior to issuance of a Certificate of Occupancy a fire department key box must be installed. 5. Prior to issuance of a Certificate of Occupancy, the applicant shall submit the condominium documents to the City Attorney for her review and approval. 6. All site plans shall be properly signed, dated, and stamped. and it carried by a vote of 5 to 2 with Holmes, Miller, Reeves, Hartwell, and Minich in favor and Garvie and Pullen opposed. PUBLIC HEARING - ORD. 1723: SOLICITING The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING CHAPTER 8.08 OF THE CODE OF ORDINANCES TO REQUIRE PERMIT APPLICATION AND PAYMENT OF BUSINESS TAX, IF APPLICABLE, BY SOLICITORS; AMENDING CHAPTER 9.07, PROHIBITING THREATENING, INTIMIDATING, AND HARASSING BEHAVIOR DURING SOLICITATION; AMENDING THE DEFINITION OF SOLICITING; REGULATING THE MANNER OF SOLICITATION; REGULATING THE PLACES FOR SOLICITATION; PROHIBITING AGGRESSIVE SOLICITING; PROHIBITING SOLICITING IN CERTAIN PUBLIC PLACES; ESTABLISHING PENALTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Police Chief Ted Litschauer explained the ordinance revision is in response to numerous complaints, particularly in the downtown area, with people being accosted and annoyed by those soliciting and panhandling. He further explained the ordinance will expand prohibition against soliciting within the City. He said it permits prohibition in two ways, one is that door-to- door solicitors must have paid a business tax first and the resident can place a no soliciting sign to give notice to prohibit it; it also prohibits soliciting throughout the City unless there is a business tax paid at the rate set; and it continues prohibition of aggressive panhandling.  Regular Council 4- 10- 07 246 ORD. 1723 cont. The Police Chief clarified that the organizational entity for charitable organizations will need to get a permit to sell door to door but it exempts religious groups. He noted this issue is what the police can do if there is an ordinance to enforce and as a separate issue not before Council this evening is the matter of how it is enforced within the Court system within the legal system which will be another issue to address at another time. The Mayor opened the public hearing. Charlene Greenwald, 216 Jet Drive, wished to know if it would include fund that send letters and follow up with a phone call and/ or a personal visit. raising organizations The City Attorney stated there are two different issues, whether they need a business tax receipt or if they are actually soliciting going door-to- door; it is a different provision of the Codes that may Q apply to the organization, and there are provisions under Chapter 8 that would require a business to obtain a business tax receipt. The Mayor