Fort Walton Beach Council agenda — 04-27-2007 regular agenda — reading text

entire boardwalk to help mitigate the situation. Mr. Garvie commented the agreement was to give an easement for the boardwalk for the entire of length of the property, not to build a boardwalk, and they chose to build a boardwalk for portion a the property and the City has the responsibility to build the boardwalk the rest of the way. Mr. Minich clarified he said that they did not give the 10', that is the easement. J 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, or dated), and the project # 03002, originally dated 8- 13- 03 ( not all plans are numbered survey received October 14, 2003 by BVM Architect as amended by the following three C- 1. 1 undated, South plans: CRA Resubmittal - Site Plan Ground level Parking Elevation A-2. 2 dated 12- 20- 04, Third level Plan - Monumental stairs at pool deck/Second level at pool deck A-0. 3 dated 12- 20- 04, and the as built foundation plan 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 design of the boardwalk shall be approved by the CRA Board of Commissioners prior to issuance of the building permi~.;{, 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 Work~. Director shall review and approve the easement documentation for the City' s boardwalk' and described. along Santa Rosa Sound to assure the easement is properly assigned 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. CHAPTER AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING PERMIT APPLICATION AND PAYMENT 8. 08 OF THE CODE OF ORDINANCES TO REQUIRE 9. 07, OF BUSINESS TAX, IF APPLICABLE, BY SOLICITORS; AMENDING CHAPTER DURING PROHIBITING THREATENING, INTIMIDATING, AND HARASSING BEHAVIOR 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; J 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 to give solicitors must have paid a business tax first and the resident can place a no soliciting sign tax paid notice to prohibit it; it also prohibits soliciting throughout the City unless there is a business 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 raising organizations that send letters and follow up with a phone call and/ or a personal visit. 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 apply to the organization, and there are provisions under Chapter 8 that would require a business to obtain a business tax receipt. The Mayor received confirmation that individuals going door-to- door to ask for contributions to the American Heart Association Would need to get a permit from the City to do that. The City Manager explained it has to be so inclusive because they cannot single out a certain segment of the population and a nominal fee can be set for those solicitations. She said staff is still researching whether or not some of those organizations might already be exempt from those types of business license tax requirements. As there was no one further, the public hearing was closed. Mr. Minich moved to adopt Ord. 1723 on first reading. Dr. Pullen seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. RECESS The meeting recessed at 8: 55 p. m. RECONVENE The meeting reconvened at 9: 10 p. m. PUBLIC HEARING - ORD. 1725: BUSINESS TAX The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING CHAPTER 8. 01, BUSINESS LICENSE REQUIRED, TO BE ENTITLED " BUSINESS TAX REQUIREMENTS", DEFINING THE TERM " RECEIPT" AS IT RELATES TO BUSINESS TAXES; AMENDING PROVISIONS TO CONFORM WITH RECENT CHANGES BY THE FLORIDA LEGISLATURE TO ~ CHAPTER 205, FLORIDA STATUTES; PROVIDING FOR EDITORIAL AUTHORIZATION TO CHANGE THE TERM " OCCUPATIONAL LICENSE" THROUGHOUT THE CODE TO CONFORM TO THE RECENT CHANGES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The Finance Director explained the change is to bring the Code into conformance with the State Statute and confirmed the funds will remain in the General Fund Revenue. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Minich moved to adopt Ord. 1725 on first reading. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor.  Regular Council 4- 10- 07 247 GENERAL PUBLIC Charles Brady, 211 Florida Blanca Place, spoke in favor of selling the current library and building a new library because there is not enough shelving for books, the children' s area needs to be separated more, the covered walkway adds nothing to the building, and the poor wheelchair access. GENERAL PUBLIC cont. Bill Walters, 320 Smith Drive, enjoyed running for office and encouraged more people to get involved. APPLICATION FOR CERTIFIED LOCAL GOVERNMENT l Consideration of a request from the Historic Sites and Structures Advisory Board ( HSSAB) for City Council to authorize the Mayor to sign the Application for Certified Local Government and transmit it to the State of Florida Bureau of Historic Preservation. Don Panzenhagen, 267 Ewing Court and Historic Sites & Structures Advisory Board Chairman, said the application is ready to be forwarded to the State and explained being designated a Certified Local Government is the first step to get in line to get state and federal grant money to work on historic sites and structures preservation, doing research, and codifying the structures. Dr. Pullen moved to authorize the Mayor to sign the Application for Certified Local Government and transmit it to the State of Florida Bureau of Historic Preservation. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. 1~: 1. I MAINSTREETlOKALOOSA ON ICE Discussion regarding Main Street/Okaloosa on Ice. The Mayor asked for public input. As there was none, public input was closed. Dr. Pullen moved to request that MainStreet return all monies given or advanced to them for Okaloosa on Ice on March 24, 2004 and on February 22, 2005 for a total of $ 20, 000.00. Mr. Hartwell seconded motion. Dr. Pullen stated MainStreet is disbanding, they have sufficient funds the City helped raise and they should give what the City advanced them to run the organization. He mentioned his difficulty in getting information on MainStreet on many occasions. The City Manager was not sure they have officially dissolved the organization. She said Ted Corcoran with the Chamber of Commerce called because he had heard MainStreet was going to disband after the conclusion of Okaloosa on Ice this past January. She said Mr. Corcoran asked the City, and the Mayor signed a letter, to join the Chamber in requesting that those excess funds be utilized in the downtown for a gateway into the City or a public arch of some nature but there has been no response to that request. She did not know the status of MainStreet. Dr. Pullen stated he is basing his request upon Mr. Dowling' s report to Council saying they were disbanding. Mr. Minich expressed his thoughts that the City supported each event and should not