12/16/1971
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CITY COMMISSION MEETING
December 16, 1971
The City Commission of the City of Clearwater metin special session at' the
City Hall, ThursdaYJ December 16, 1971, at 11:15 A.M. with the following members'
present:
H. Everett Hougen
Donald S. Williams
Donald Carlson
Richard D. Wachtler
Joseph Carwisc
Also present weref
Merrett R. Stierheim
Herbel"t M. Brown
Frank Daniels
Mayor-Commissioner
Cornmlosioner
Conunisoioner
Commissioner
CommiDsioner
City Manager
City Attorney
Police Chief
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The Mayor called the meeting to order. The invocation was given by the City
Attorney. The f.nyor ex.tended thank a and appreciation to the Charter Study
Committee for their time and talents. The City Manager and City Attorney oommended
the Committee. The City Attorney recommended that any changes be voted upon giving
the opportunity for disoussion. He stated that Section 6, on Page 5 of the proposed
bill had major changeD in order to Simplify and give more freedom or action in
accordance with State Laws. Mrs. Charles DeBlaker asked whether the power of con-
demnation should be included, to which the Attorney replied tha.t it was covered
under General Laws of the State. Mr. Charles Finton asked questions particularly
relating to leasing of City property, sale of City propertYJ etc'J and again the
City Attorney stated it was covered by Florida Oe~eral Laws.
Th~ Mayor introduced the members of the Commi~tee that were present.
11:25 A.M. Sgt. James R. O'NeillJ replaced Chief Frank Daniels
A brief discussion ensued regarding Article IJ relating to reincorporation,
the boundaries and the powers ,of the City. Commissioner Carlson moved to approve
Article 1 of the proposed new Charter. Commissioner Carwise seconded the motion
which carried unanimOUSly.
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The City Attorney pointed out that the proposed Charter only provided for a
2 year term for the Comrn1ssionl but there would be a separate document submitted
to the Legislature for approval and referendum to change the Mayor and Commissioners
terms to 4 years. Mr. Charles Finton, recommended a change in Section 8 H to provide
for a referendum to change seawall lines. Mrs. Charles DeBlaker opposed a runoff
either for the Mayor or any of the Commissioners and favored a two year term. Mr.
James Olson recommended a runoff of all elected offices. Commissioner Williams
moved that all references to runofrs be, deleted particularly Section 13 and Section
91. Commissioner Carwise seconded the motion ~hich carried unanimOUSly.
CommiSSioner Carlson moved that a candidate for the Commission be required
to be a freeholder, particularly citing Section 7 and Section 89. Comnussioner
Wachtler seconded the motion. Upon the vote being taken, Mayor Houge~ CommissionerB
Carlson and Williams voted "Aye". Commissioners Wachtler and Carwise voted IINoll.
Motion carried.
Commissioner Carlson moved to adopt Article II aa amended. Commissioner
Williams seconded the motion. Upon the vote being taken Mayor Hougen, Commissioners
Williams, Carlson and Wachtler voted "Aye". Commissioner Carmse voted IINoll.
Motion carried.
Commissioner Williams moved that Section 23 provide that the City Manager may
be removed on motion of.l~ members and guaranteeing a minimum of 30 days severance
pay. Motion was seconded by Commissioner Wachtler. A discussion ensued relating
to removal of City Manager. Upon the vote being taken CommiSSioner Williams voted
lIAye". Mayor HougenJ Conunissioners Carlsonl Wachtler and Carwise voted IINol'.
Motion did not carry.
Commissioner Williams moved to approve Article III of the proposed Charter.
Commissioner Carwise seconded the motion which carried unanimOUSly.
At this time Commissioner Williams moved that the Commission recess to 1:45
P.M. Commissioner Car\nse seconded the motion which carried unanimously.
The Mayor reconvened the meeting at 1:50 P.M.
Article IV was discussed.
proposed Charter be approved.
carried unanimOUSly.
Article V relating to Municipal Court was discussed.
moved that Article V of the proposed Charter be approved.
seconded the motion which carried unanimously.
Commissioner Williams moved that Article IV of the
Commissioner Wachtler seconded the motion which
Commissioner Williams
Commissioner Wachtler
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The City Manager explained the application was continued trom December 6th
and then I'ead the recommendation ot the Planning & Zoning Board for denial.
Robert Tench, attorney representing both the sellers and purcha~era of the pI'operty
stated that he had no information aa to the Planning & Zoning reoommendations
prior to the Commission meeting. He reported ,that the title of the subject
property is now in Electrical Enterprises, Inc. He went on to say' all of Block A
is zoned business and the electrical firm wished to expand to the East side 01'
,Tioga Ave.; that a maximum of 4 duplexes could be placed on the property which
woul~ not be'1'inancia1ly feasible; that there has been no development in the
area for a considerable length 01' time with the lots remaining vacant' and he did
.. .: not reel, that it would increase tra1'fi c on Tioga.' Du~ing a discussion Commissioner
. " '" ' ",I' Waohtler spoke in objection. Reverend Columbur;s Bridges spoke 1n' objection ,saying
~,::,' ,'i'~"):'..', .:' , the:black people needed housing. Conunissioner Carlson moved that the request. ,
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CITY COMMISSION MEETING
December 16, 1971
Article VI relating to Planning & Zoning was discussed and by consent the
the word llcsthetio" was ,added to Soction 39 after the word "morals" and 1n Scction
41, the word "may" wos changed to "shall". Commissioner Carmse moved to approve
Artiole VI 01' the proposed Charter as amended. ,Commissioner Waohtler seconded
the motion which carried unanimously.
Artiole VII, under Section 49 (c) the worda "by 'resolution" wcre inserted
after the word budget in the rirat line. .In Section 52, (a), (b) and (0) the
word "ordinancetl were changed to "resolution" and de.leting the word t1emergcncy".
Section 54 also was ohanged to use tho word "resolution" instead or 1I0rd1nancetl
as the last word or the Soction. In Section 55 it was agroed to put the words
(20 millS) after (2%) and also insert (1 mill) after tho words "ono-tonth or ono
frcrcent". In Section 56 it was decided to insert (2.5 mil1a) arter the worda
tone-fourth of one percentH. In thc third paragraph of Scction 63 the worda
"leBs than '3 nOl"''' W'<lD deleted und 0100 in Section 61~ tho same words were deleted.
After rurther diocuooion, Commissioner Williams moved that Article 7 or tho
propoBed Charter bo approved aD amended. Commissioner Carw100 seconded the motion
which carricd unanimously.
In Scction 77; Article VIII, FranchisoD and Public utilities, the worda
Hnot 1esa than three (3) nor" 1n the seoond paragraph waG deleted. In the third
parae;raph of' aaid Section 77, ConuniBsioner Williams moved that the firty per cent
(50%) be amended to ono hundred per cent (100%). Commissioner Wachtler seconded
the motion. Upon the vote belng talten ConuniBsioners Williams and Carwiae voted
"Aye". Mayor Hougen, Commissioners Wachtler and Carlson voted "No". Motion did
not carry.
Commissioner Wachtler moved that Article VIII of the proposed Charter be
approved as amended. Commissioner Carlson seconded the motion which carried
'unanimously.
In Article IX, Elections, Section 89, Mrs. Shapard recommended that the last
l~ lines of the Section regarding photographing and fingerprinting be deleted and
also delete the second paragraph in Section 91, relating to run-oft elections.
Commissioner Williams moved that the two items recommended by Mrs. ShapeI'd be
deleted. ConuniBsi~mer Carlson seconded the motion which carried unanimously.
It was also agreed that the words t1treeholders andl1 be inserted prior to the
word Ilresidentstl toward the end or Section 89 and that the words "Mayor Commissionerl1
must be added prior to the words I1City Commissionerl1 1n the first line or Section
91. Commissioner Williams moved to approve Article IX 01' the proposed Charter as
amended. Commissioner Wachtler seconded the motion which carried unanimously.
Article X relating to Initiative, Rererendum and Recall was discussed.
CommiSSioner Williams moved to amend the second paragraph or Section 100 by Changing
the word "tenn (10) to read one hundred (100). Commissioner \~achtler seconded the
motion. Upon the vote being taken Mayor Hougen and Cornrndssioners Williams and '
Carlson voted "Ayetl. Conun1ssioners Carwise and Wachtler voted tlNol1. Motion
carried.
3:25 P.M. Sgt. O'Neill was replaced by Sgt. Ci1arles Hayden.
Article XI was discussed wIth changes being made in Section 111 by changing
the word I1mayll to Ishalll1 in the 1'irst line, and the last sentence to read I1voting
at each Charter electionl1. Commissioner Carwise moved that Article XI or the
proposed Charter be approved as amended. Commissioner Wachtler seconded the
motion. 'Upon the vote being taken, Mayor Hougen, Commissioners Carwise, Wachtler
and Carlson voted "Aye". Conunisaioner Williams votedllNo". Motion carried.
Discussion ensued us to future procedure.
Conunissioner Williams moved to commend the Charter Study Committee by Resolution
to be prepared and presented to each member. Motion was seconded by Commissioner
Carwise and carried unanimously.
The City Attorney also commended those working on the Charter including the
Asst. City Attorney and his own secretary.
ITEM #2 a. - A public hearing on zoning amendments:
a. Lots 1-12 incl., Block B, Harvey parlt Sub. to be changed trom R-2
(duplex) to B (bUSiness) - SessionS and Sulliyan.
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CITY CO~~SSION MEETING
December 16J 1971
of Sessions and Sullivan for change of zoning from R-2 duplex to B business on
Lots 1-12 inol. Block BJ Harvey Park Sub. be approved and the City Attorney be,
instruoted to include this in an amendment to the Zoning Ordinance to be brought
back to this Commission for approval as soon as posSible. Motion was seconded
by COnuniBBioner Wachtler. Upon the vote being taken Conunissioners Williams and
Carloon and Mayor Hougen voted "Aye". ConunlBsioners Wachtler and Carwise voted
"No". Motion carried.
Begin at NE corner of J. K. Cuaa Sub. (formorly Block 10J
Turner'a Sub. No.3) run WeBt 252.27 ft., SW 309.5 ft.J East
361.81 ft.J North 274 ft. to P.O.B. to be changed from PHS
(profesB!onal & related serviceo) to R-1m (multi-family) -
ViwaYJ Ino.
The' City Manuger explained the application whioh WUB 'continued from Deoember 6th.
He aloo roud the reconunendation of the Planning & Zoning Board for denial.
William Gilkey, attorneYJ representing the applioantJ explained the proposed
proJeot for 88-90 unito and 1, parking spaceD pCI' unit or n total of 145 parking
spaces with one half the opacoa below grade and out of sight. Mr. Kirby is
willing to give City right of way to widen both Rogers St. and Orange Ave. to
relieve congestion. He aloo showed a oito plan. Lewis HomerJ representing the
Downtown Development Board, requested the Conunission to coope,ratc to assist the
development of downtown. Mr. Kirby will still proceed with 70 units, but can give
green arca and extru parl<ing if go uni to, DiscuBsion ensued regarding right of'
way dedication for Orange and Rogers and paving. Charles Finton objected to
breaking density line. Cedio Saltarelli, President Harbor Oaks Assoc'J spoke in
objection, particularly to increase in densitYJ and asked for denial. Commissioner
Carlson moved that the application of ViwaYJ Inc. f'or change 01' zoning f'rom PRS
to R-4B on above described property be approved for 86 units and the City Attorney
be instructed to include this in an amendment to the Zoning Ordinance to be
brought back to this Commission for approval as soon as pOSSible, including the
appropriate contribution of right of way f'or Orange Ave. and Rogers St. Motion
was seconded by Commissioner Wachtler. Upon the vote being taken Commissioner
Carlson and Mayor Hougen voted tlAye", Conunissioners Williams, Wachtler and
Carwise voted "Noll. Motion did not carry.
b.
Commissioner Williams moved that the Planner discuss change of zoning from
R-4D to lower density with property owners in area South of Turner st. Motion
was seconded by Commissioner Wachtler and carried unanimOUSly.
ITEM #3 - Fair Housing Ordinance #1356. The City Attorney explained the
substitute pages and suggested changes. On page 3, S~ction 4, add to (d) third
line lito persons financially qualified" and on page 5, Section 6J first line, after
IIperson" insert Hwho is otherwise professionally qualiL'iedll; on page 1 of title,
line 9J add "a penalty for failure to comply herewith" and page 9, Sl~ction 10
(e) add "HoweverJ if in the opinion of' the Conununity Relations BoardJ such action
is warranted, the matter shall be turned over to the City Prosecutor for further
investigation with a view towards filing charges against the offending party in
the municipal court of the City of Clearwater". Commissioner Carlson recommended
adding words "or duplex" to Section 7 (c) first line after word "house".
Commissioner Wachtler moved to substitute new pages 1 and 9 and approve
changes in Sections 4J 6J 7 (c) and 10 (c). Motion seconded by Commissioner Carwise.
Upon the vote being taken CommiSSioners Williams, Carlson, Wachtler and Mayor Hougen
voted IIAyell. CommiSsioner Carwise voted "Noll. Motion carried.
Commissioner Carlson moved that Ordinance #1356 be read and considered by
title only on the first reading by the unanimous consent of' the Commission.
Motion was seconded by Commisaioner Wachtler and carried unanimOUSly. The
Ordinance was read by title only. Commissioner Carlson moved that Ordinance
#1356 be passed on its first reading. Motion was seconded by Commissioner wachtler
and carried unanimously.
Mr. Frederick KoenigJ President of Clearwater-Largo-Dunedin Board of' Realtors,
read and presented a resolution Objecting to posting of large signs def'ining
discriminatory acts as included in Section 6. By consentJ after diSCUSSion, it
was agreed to delete this part of Section 6.
Commissioner Wachtler read a proposed resolution regarding the problem at the
intersection of US Highway 19 and State Road 60 and requesting the Dept. of
Transportation to assist the City in opening Myrtle Ave. South of Lakeview and
deSignating Myrtle Ave.' as U.S. 19 A. Commissioner Wachtler moved that Resolution
#71-151 be passed and adopted and the appropriate officials be authorized to
execute it. Motion was seconded by Commissioner Wi ams and carried unanimously.
There being no 6:15 P.M.
Attest: ' I
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CITY COMMISSION MEETING
Deoember 16,' 1971
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Deoember 14,
1971
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Honorable Mayor and
. City ot Clearwater
Clearwater, Florida
Members ot
City Commission
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Oentlemenl
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The City Commission will 'meet in Speoial Session
at 11:00 A.M. in the city Hall Commission
pUblio hearings for the following:
on
Chambers tor the
Thursday, Deoember '16, 1971
purpose oro~nduoting
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3.
ProposedOity Oharter
Zoning Amendments Contd.
a. Lata, 1 to 12 inol., Bl B, Harvey Park Subd.
,b. W'of Orange between Rogers & Turner
Fair Housing Ordinance #1356 "
and to oonsider such other business as may be presented.
Sincerely,
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M.R. Stierheim
City Manager
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