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06/27/1949 -., .' " ~ .;~. : .:. .j;"'.; ", '!;',ee"',e'.:: "r7'2,;,.:,e",';>;'.\';;"Lo..", .':~':t"~r}:/'i\,:;;j~;1X . ~'~./:\~<~~i~','1"V: L'l' ,/>:;:.;;:;:~:''t:~:'':(?,., , ......., :,,". ", . ,'. . . ..'.....1.. ' '. ..~::~ '''/::~6,I,.~ ;'..:. .:'~ :,:.: :~: :~.(: ,',,: i~ \.:'~....: ." *,' CITY COMMISSION MEETING June 27. 1949 ",":':""1,','.'.. ',.<' .::':.:".;'/::::\ "::,',' " ::." , <~.:,: '.>:'~~ The City Commission of ttle city of Clearwater met in speoial session the evening of June 27, 1949 at 7:30 P.M. in the city Hall with the to1lowing man- bers present: ..; ~ :.' '"j . .,..' k r...'. I I I .j I 1 I I Harry D. Sargeant E. B. Casler, Jr. Herbert M. Brown tela nd F. Drew Guy L. Kennedy Absent - None Also pr e sent: Mayor Commissioner - Commissioner Commissioner - Commissioner Commissioner Boyd A. Bennett City Manager Geo~ge MoClamma - Chief of Police Ben Krentzman - City Attorney 1 I The meeting havi~ been called to order, Mr. Douglas, Co~nty Distributor for the'Eli witt Cigar Co. addressed the Commission relative to the proposed Ordinance levying a tax on cigarettes, clgars and tobacco products. He said that enfer oiog such an Ordinano e W'lS not difficult so far as cigarettes alone were concerned as each }B.ckage w~s stamped but that cigars and other tabacco products would present a more difficult problem. He said turther that the tax on cigars and tobacco pxoducts had not produced a great deal of revenue and that customers were more 1nc lined to buy these items outside the City than they were to buy cigarettes. He estimated that a tax on cigarettes would produce $40,000 annually. Commissioner Casler moved that the Ordinance be amended by deleting ~eterence to cigars aDd tobacco pxoducts. Commissioner Kennedy seconded 'the motion and it carried. Voting "aye" Mayor Sargeant and Commissioners Brown, Casler, Drew and Kennedy. Voting" no" none. Commissioner Casler moved that the Ol'dinance, as am em ed, be passed on the second reading by title only. Com- m1ssioner Kennedy seconded the motion and it carried. Voting "aye" M~yor Sargeant and Commissioners Brown, Caser, Drew and Kennedy. Voting "no" none. I I The City Clerk read a letter from. Stanley C. Minshall, Mayor-Elect ot st. Petersburg inviting the Mayor, other city officials and all oitizens of Clearwater to attend the "Spans Across the Bay" celebration in st. Petersburg, July 1st to 4th. On a motion by Commissioner Brown, seoonded by Commissioner Drew and carried, the letter was to be acknowledged and Mr. Minshall advised that all of the com- missioners would t~y and attend the celebration. Mr. A. N. smith appeared before the Commission in oonnection with his request that the City repair and maintain the driveway shown on plats as spring Court. Mr. Smith stated that the City had lIBde repairs to this driveway in the !Bst and that the City was furnishing street lights at this time. He said he would be glad to canvas property CMneIS on both sides of the street regarding their wishes. Com- m1ssioner Casler moved that the Mayor appoint a Committee to study the matter and make a final reoommenda tion at the next meeting of the Commission. The motion was seconded by Commissioner Brown and carried unanimously. Mayor Sargeant appointed Commissioner Drew and Brown on the Committee. In discussing the BUdget for the riscal year 1949-1950, Mr. Louis Simon suggested that the Comnission keep the budget at the same figure as the 1948-1949 blldf.5et. Mr. A. N. Sm.ith said thr t employment was decreasing and the City should not increase the budget at this time. Mr. Ralph W. Carson and Mr. W. S. Shannon suggested an increase in the amount allocated for publicity purposes. Mr. Jaak Eckhart was of the opinion that the Commission should increase the allocation for charity pllrposes~ Mr. Ralph Richards was assured by members of the Commission that $1,250.00 for the pur chase of land for a colored park and swimming pool would be provided, 'When required. Commissioner Bro~n moved that the Commission approve the budget as presented. Commissioner Drew seconded the motion and it carried by the unanimous vote of the Commission. Cit3 Manager Bennett presented a request from Charles O. Koenig, througn his attorney iu'thur W. Jordan, Jr. that he be penuit ted to erect a Motel sign on the stDeet Right of Way in tront of lots 1, 2 & 3, Blk A, Breeze Hill SUbdivision together with the zoning Boards r ecomn::endation of approval. city Attorney Krentz- man stated that subsection 3 of Section XII of the city Charter prOhibits the erection of billboards. signs, etc. in Districts zoned as "Public". On a motion by Commissioner Casler seconded by Commissioner Kennedy and unanimously oarried ~e matter ~as post-poned until the legal status ot the question oan be determined. Mr. W. S. Shannon, President ot the Clearwater Board ot Realtors, Mr. Ralph W. Carson and Mr. R. M. Morrison requested that that section of the zoning Ordinanoe prohibit ing signs be enforced, particularly as to real estate "for sale" and "for rent" siens. Mr. H. M. Blanton said he did not believe the law intended to prohibi t an owner, or his agent, from placing "for sale" signs on ~ivate property. Com- missioner Casler moved tha t the Oi ty Attorney be instructed to ask tor a declaratory decree on Section XII of the Zoning Ordinance. The mot ion was seconded by Commissi oner Bro\'Jn and carried unanimously. Capt. Tom Devlin appeared before the Commission and requested that the City lease to him a 15 or 20 ft strip of land at the west end of the Clearwater Yacht Club basin stating tb.a t he 'Wo u1d erect his Olin building along the same lines and arohiteoture as the P1'esen t buildi llg on the adjoining property and the same size if requlr ed to do so. He proposed to pay a rental of $25.00 monthly for tive years. By consent, action on Hr. Deytin's request was deterred for turther stUdy. , ' e ,....., .;:.,' " .. ~ .....'>'.".---.- '-...... ~ " 1....< :', ",' ',' ...., ., t :' '-r.',_ " 1 I I e . e . . ., ..", d', ; . if~~~~~tt, f;ij;~I~r:L ; ~1~i~il" ; t e"" ~e e c.' ""'e' ',e,., fl~llfl'[ P0~}I'\' I;:{f;f~~~~~i~ii '..: " dO .J"~J" .........l..~. Ih~f~f~:;: l.,.e" v".."ef.ee' } Ili!l'!f~ .: . ) :~". ';',,:~. c.,.......~. r' :' ,.' ','" ,e (',,'He< I:M;f' ,e e' ,:e" e\. : :~<~;~~~~~:,),:t.;:~..'.~.'..:.::,.. ..'~ . "'i~~!~i~)]iJ]\~~r<j,;.,"";"" ,;".. '.. . .."....e"~'_e,>\'e.".e~":'e .\ <,,:':':~':,:<>,>J e: ,',", ,', .'t,::' <":,\ ",~ . . . '. .' ~: ~ ,,:,>;;;,,:,~ ',:.:' ,( ',," e. ..,.e" ,. -,' . , j I ~.) /e I I :'1 1 .1 .... " '. . ."~ .' .; J';S .. ~:,,~ '"'' ;'.::. J.?~';:~:.:t . . . ..... . .', . .'..., .....: j ,~'.' :.~:.~.' '" .::: : [:..;. . .. _ .;\ ..:':~:{ <J:j~.::.~:,;' . .... ,;,;....1:::: :.::: t:.::.;' __ * 'i CITY COMMISSION MEETING June 27, 1949 z,. 6 1> In conneotion with Mr. C. W. Trombley's request that the city renew his lease on City owned beaoh property, Mr. Casler reported that the committee on Beaoh leases reoommended that leases on those buildings not adjacent to the water front be continued on a month to month basis. On a motion by Com- missioner Casler seoonded by Commissioner Drew and unanimously carried, the .l'eport of the Committee was adopted. The reque st made by \'!olfe, Wightman and Row e that Dr. M. Crego 8mi th be granted a permit to erect an offioe bui1ding on Jeffords st. Lmmediately ~est ot Morton Plant Hospital, was presented to the Commission together with the Zoning Board t s recommendation tha t the request be denied. COmIlIlssioner Drew moved tba t the report at the zoning Board be aooepted. The motion 'W~8 seconded by Commissioner K~nnedy and oarried unanimously. Commissioner Drew moved that the zoning Board be sustained and the party notitied. The motion ~as seconded by Commissioner Kennedy and oarried unanimously. A request by Vincent R. Dixon, that he be permitted to erect a filling station on lots 1-4 inclusiv9. Block A, Suburb Beautifu~ was presented to the Commission with the Zoning Board's recommendation that the request be granted. During discuss1on. it was tound that while the property on the opposite side of the street was zoned for business, the jBrticular lots in- volved were shown on the Zoning Maps as being zoned R2. On a motion by Com- missioner Kennedy, seconded by Commissioner Casler and unanimvusly carried the request was referred back to the Building Inspector and the Zoning Board tor further study am clarifioation. City Manager presented th~ request of Walter M. Jenman that .be be per- mitted to erect a stor e buildiL\g and smoke house at 60) "Jeffords st. (Lot 7, Blk 5, Milton ,tJark Subdivisi on) with the recommendation by the Zoning Board th8t the re~uest be granted. Commissioner Casler moved that Mr. Jenman's request be granted. COIDffiissioner Drew seconded the motion and it oarried unanimously. City Attorney Krentzman presented a contract with the Thomas H. Black Real ty Co. Inc. regarding installation of v.ater mains in Druid Heights Sub- division and the Right of -:ray for proposed Chesnut st. City Manager call Ed attention to the fact that the agreement would require an expenditure of $1000.00 over the amount to be contributed by the Black Realty co. and that Chesnut st. it paved for the 100 ft Right of Way would require a more expensi~e type of paving than that provided for in the contract. Commissioner Casler moved that the proper city officials be instructed to execute the contract. Tbe moti on was secomed by Commissioner Drew and carri ed unanimously. A request by W. W. Salzer, Manager of Tampa District, Shell 011 Co. that Zoning of Lot 2, O. Harrington SUbdivision be changed from R2 to Business Zoning, with the Zoning Boards recommendation that the request be denied. was presented to the Commission. On a motion by Commissioner Drew, seconded by Commissioner Kennedy and unanimously carried, the action of the zoning Board was sustained. . \: ';. '. ' . ,,;"'" ," A request trom Walker Bradtord that a 15 ft. setback instead of a 20 ft. setback be allaNed, on pro perty at southwest corner ot Cedar street and North Osceola Ave., together with the Zoning Boards recommendation that the request be granted was presented to the Commission. Commissioner Drew moved that the matter be referred to the City Attorney to advertise for a public hearing. Com- missioner Brown seconded the motion and it carried unanimously. City Attorney Krentzman presented a Resolution setting torth the method of refundinp, the 5% utility tax rulod ao ll1~gtll as reoommended by the utility Tax Refunding Committee. On a motion by Commissioner Brown, seconded by Commissioner Casler and unanimously carried, the resolution was adopted. The City M~nager presented a request by Mrs. J. W. Hines that she be permitted to move an 8 x 8 building across the Causeway. On a motion by Comm1ssionerDrew, seconded by Commissioner Casler ond unanimously carried, the City Manager was authoriz ed to Bsue a permit, sub je ct to the usua 1 regula tions. Commissioner Kennedy presented a plat of the proposed Roberson Subdivision of Block H. Hillcrest #2. By consent, the plat was referred to the Engineering Depart- ment for checking and to see that the regulations in the ~revious plat were ,preserved. On a motion by Commissioner Casler, seconded by Commissioner Brown and unani- mously carried Franois C. Middleton was appointed as Aoting City Manager during the absence of city Manager Bennett. The various pipers, letters, resoluticns and etc. mentioneu in these minl1tes are set out below and are hereby made a part thereof. June 24, 194.9 Mayor-Commissioner Harry D. Sargeant Commissi one r s: G. L. Kennedy E. B. Casler, Jr. Leland F. Drew Herbert M. Brawn Gen t lemeb : A speoial meeting ot the Oommission will be held Monday eveniDg, -.-.......,-...,.. -..... . _ . . ..'.,....-11',..,1,. .... OJ. .'. ,./:: ,.:. :..-... ....~~-- . 'e ,', . ......~-, ... June 23, 1949 "'e ; ~. .,' ~.. ,-" . " " ".' " ';',',.,.:' . e . . , , ., . , e '" , ~... ,..:;...:.r~~'.:'~; :.f :.:::0.. .~:}t ';'~;:~~.;;Ji~~:?~:f..: .~;.' ~ \j..... ' .' ._.' . ..' '~""'~""" '. ..............'.. .'.~ .'~ ..'.........\li.;n;~ . ,.'~i;:;;.~'''.;';l4;~;.~;,~2f1~r OITY COMMISSION MEETING , June 27, 1949 June 21, 1949, in the city Hall at 7:30 P.M for tbe p~pose at oon- duoting the following business: 1. Public hearing on the 1949-1950 Budge~. . 2. Second reading ot the Ordimnce levying an Oooupational License Tax upon sellers ot tobacco produo~s. Represen- tatives of Eli Witt Tobaoco Company to be heard. 3. Consideration of Mr. smith's request for the improvement ot Spring Court. 4. Consideration ot the proposals taken tor auditing ot tbe Oity books. 5. Zoning Board's report on the request ot Dr. Smith to ereot an office on Jeffords street, West of Morten ~lant Hosp. 6. Report trom the Zoning Board on the request ot Mr. Vincent Dixon to erect a filling station on Lots 1, 2, 3, & 4 Block A, Suburb Beautitul Subdivision, whioh lots, ,are on the oorner ot Florida Avenue and Gulf to Bay Blvd. 7. Report from the Zoning Board on the requeo~ ot Shell Oil Co. request for the re-zoning of Lot 2 in O'Harring~on Subdivision. 8. Report of Zoning Board on the request of Walter W. Jenman to erect a store building and smoke house on Lot 7, Block 5, wilton Park Subdivision, 60) Jeffords St. 9. Zoning Board's report on tbe request of Mr. Bradford tor a 15' oet-back instead of 20' on the p~perty line on the Southwest corner of Cedar and North Osceola. 10. Report of Zoning Board on the request ot Charles o. Koenig to ereot a Motel sign on City property in tront of Lots 1, 2, & 3 Block A, Breeze Hill Subdivision on Chestnut street. 11. Consideration of signs. 12. Report from Committee on plan for the refwnd of 5~ utility Tax. 13. Report of Committee on leases of City Property on Causeway. 14. APpointment of Acting City Manager in the absence of the City Manager. (signed) Your s very truly, Boyd A. Bennett Boyd A. Bennett City Manager * * * To: Mr. Bennet~ From O. H. Anderson, sec'y Zoning Board SUbject Vincent R. Dixon, Filling Station At the regular meeting of the Zoning Board held on Tuesday even- ing, June 21st ~949, the Board recommends that the request of Vin- cent R. Dixon to ereot a filling station on Lots 1,2,3 and 4, Block A, Suburb Beautiful be granted due to the faat that tbe original plat shows that these lots are zoned for business and the Building Inspector be al~awed to issue a building permit accordingly. Attaaned herewith 1s Mr. Vincent R. Dixon's request and sketoh and pl~ of the building he plans to erect. * * * . ." ,. ,.. " :,. ~~il\lM"-_ I.... ,,,,,- ...-......... ,'.., ..~~~~~r~11~1&e.t:1\: ~; l..~" ''':<.'"?''''\Jf<':'''''~:;1~~~\'(/ ~. . ;''':''i.';i~!t::'J'~:}~I\/,:,.. ~ )1' \. i;' . ',:, I . CITY COMMISSION MEETlm lune 27. ~949 lune 20. 1949 ej' .' ';~!' , ii\; ',,' .' !.~~;"" ~'.~~ :~I~~l:'1 ~i~ ";'1' ,. " :,"!.'Y#r" "\';.":' :"",,. . ~:,j ~r\?~~~:~il '1'0: 01 ty 00Jll.Ollss1on Dear Sir:, I am applying tor a speoial permit to ereot a servioe station on the corner ot Florida Ave. and Gult-to-Bay Blvd, on Lots 1, 2, ), & 4, Block A ot Sub~b Beautiful. Enclosed you will find the layout of my plans. I am open to any sllggestions you lll8'y make to meet your approval. Thanking you tor your kindest attention. Vinoent R. Dixon 706 Phoenix Ave. Clearwater, Fla. * * * June 26, 194.9 City Commissioners City of Clearwater Gen t lemen : I desire per~ssion to move a small frame building 8 x 8 ft. square from its present location at the rear ot 442 Mandalay Road, Clearwater Beaoh to 1ts new location at tae rearot 1)10 S. Wasaington Ave. Clear- water, Florida. I ~ou1d appreciate it at your meeting June 27th 19~9. Mrs. J. W. Hines 1310 S. Wasnington Ave. Clearwater, Fla. * . * lune 23, 1949 '1'0: Mr. Bennett From: O. H. Anderson secty Zoning Board SUbject: Doctor's office - Jeffords street At tne regular meeting of the Zoning Board held on Tuesday evening, Jwne 21st 1949 the Board recanmends tnat the request for a doctors otfice on JeffordsStreet be denied due to the fact that this area is zoned tor resi- dential and in the vicinity of some ot Clear~aters best nomes. While the Board feels that a prOfessional office ~lthin itself may not be Objectional in thLs area it would be an opening wedge for other busIness to follow, thereby creating an island for business or 8 new business section within a zoned resident ial area. Attached herewith is a letter of explanation from Attorney Vi. S. Wigb.tman and letter from ~. Wightman to Mr. John F. Rossman. * * * June 3, 1949 City of Clearwater Zoning Board Clearwater, Fla. Attention: Mr. W. E. Crown, Jr. Gent lemen: Mrs. Mary s. Boardman. owner of tae follow lag described pro p erty : Beg at NE cor at Gov lot 1, see 21, thn S 36) ft, w 912 ft. to high "ater mark at Clear~ater Bay, for POB,' thn W 850 it to E edge of channel in Clearwater Bay, ~n R 38 deg 12' E 650 ft & 30 ft S of NE cor ot Gov Lot 1. th SW'1,. along bigh water mark ot Clearwater Bay to. POB, e , ", { .'i ,e, , e e .:. ~ " " . ,., , .,' , ' -"'0 ~- . ,.,-' ~.,. " Very truly your s , WOLFE t WIGHTMAN Be ROWE By: W. S. Wightman (si~ed) ."; ., ~. ,.:. ,.... .."';"'[t~kfliY'1;~.~ik#:i:;",i2'''';:"'''":~d;;'C' .' . aITY COMMISSION MEETING June 21, 1949 ~~ is anxious to sell the East fifty (E 50) feet ot this property to Dr. M. Crego Smith for the purpose of loceting his offioe thereon. Tbis tract of land i8 ~ocated just West of Morton Plant Hospital, facing Jeffords street. The property on the North side ot Jeffords is owned by Commander Edward H. Smith, who owns a strip running approximately 150 feet East from the oorner of Druid Road along Jeffords; Mr. John F. Rossman, who owns a strip of approxi- mately 170 feet trol~ing on Jeffords Just East of Commander Smith's property; and Mortan Plant Hospital, which has the next plat East of Rossm.an's, on which is located tile Nurses Home. We have contacted Commander Smith and Mr. Rossman and both state they have no obJeotion to re-zoning the fifty (50) teet strip so as to permit Dr. smith to build his offioe olose to the hospital. This property is under R 2 restriction at the present time. Mrs. Boardman would like to bave your favorable Oonsideration and aotion for re-zoning the East fitty (E 50) feet of her property so as to allow Dr. Smith to build his offioe and thus enable her to ' sell that portion of her propert3. i':,"" I ,',: (",\:'\' .' 1 i ,',' f. .' I ,':", i'" i . ,,'t.' .' ", . , -" J Very tr uly your s 'NOLFE t \-11 Grrn~AN & ROTlTE BJ' W. S. Wightman (sienedL .' ". ~ :.~, '\ ;,':.~,~ ~ ' . ;\~~)f,., PS We are enclosing the original of our letter to Mr. Rossman on which he hps indicated his approval of this re-zoning. * * * May 23, 1949 Mr. John F. Rossman 3551 N.W. 36tn st. Miami, Florida Dear Mr. Rossman: We represent Dr. M. Crego Smith, a praoticing physician in this city for the past five years. Dr. Smith wishes to build his office just ~est of the Morton Plant Hospital on a pieoe of property fronting fifty (50) feet on Jeffords. This property Is two hundred fifty (250) teet deep and is the first fifty (50) feet just ",est of Morton Plant Hospital. Before any steps are taken in this connection, we, of course, wanted to contact all of the local propertyo'Wners and we understand you have approxlmate1y one bundred sixty-eight (168) foot frontage on Jeffords Street just east of Commander smith's home. A portion of your property would be opposite the fifty (50) foot strip on which Dr. Smith w1snes to establish his office." We bave discussed this matter with Commander smith and he ~tates he bas abSOlutely no objection to Dr. smith establishing an offioe on this property. We would appreciate your favorable consideration of this matter as it would greatly facilitate the services Dr. Smith could render due to the fact he would be just adjaoent to the hospital. Kindly let us hear f~om you at your earliest convenience 1n this connection. In reference to above, I will gladly give my consent. John F. Rossueau (signed) * * . '"'i' '<'}".:::r:".:' ... . '".,. u' .. .. , .' ....._~ . "'....-.... .. - --,- ~ , . .. - ..... ,1. ......~ --"'..._ if." ..~ .. -.....- :...';....! ;'1 ~~\ , " ' 'ii:lW~ '. " . .r.... '( 10," ,.;,.... , ., . ,,,k,i,,i' . ~ "; .- '. .~-:: ..... , ..,.,' :;.:.'.:.\~~.... .: ," " <' .t J "~; ..... -' 1.:1:' ::~~. ~..... ll~'::i'l-b... I '~"'''''''..''''''''':ll'~''! CITY COMMISSION MEETING June 27. 1949 June 22, 1949 To: Mr. Bennett From: O. H. Anderson, Seoty Zoning Board Subjeot: REQUEST OF CHARLES O. KOENIG At the regular meeting of the Zoning Board held on Tuesday evening, June 21, 1949 the Board ruled in favor of grant ing the request of Mr. Charles o. Koenig to ereot a motel sign on oity property in front of Lots 1, 2, 3, Blook A, Breeze Hill Subdivision, eight feet from curb line on Chestnut st. with the understand ing that th is sign will be removed from oity property within seven days atter notice from the City ot Clear- water to do so. Attached hereVvith .1.s a copy of Mr. Koenig's request (by Arthur W. Jordan, Jr. Attorney) togetl1er with a plat and layout of ''his property showing looation of ~oposed sign. * * . June 21, 1949 The City Commission Via The City Zoning Board city Hall Clearwater, Florida Gei:1tlemeJ!l. : Mr. Charles O. Koenig recently purohased Lots 1,2 and 3 of Breeze Hill Subdivision for the erection of a motel and an additional structure to be oooupied as their private home by himself and family. These lots are bounded by Highland Avenue and Chesnut street. The motel, which is nearing completion, will front on Chesnut Street. There are two sketches hereto attaohed. One is taken direotly from the oity plat to show the exact street arrangement. The other, on yellow paper, is a free- hand sketch offered to more clearly depict the situation and the problem oont ronting Mr. Koenig. It will be noted trom the plat sketch that Chesnut Street appears to be of the same paved width as Gulf-to-aay Boulevard. Such, however. is not the case. Chesnut street is actually narrower and the curb line extends out further than the plat indioates. But the city reserves the land from a line in the center of Chesnut Street south a distance of fifty (50) feet for the purpose of widening Chesnut Street if and v~en suoh a projeot should become feasible. The actual cur b line is shown on the ye llow sk etch and the Oi ty t S property line thereon indicated by the east-west dotted line. Also shown on the yellow sketch are three different olusters of trees. Mr. Koenig desires to erect a neon sign four feet by eight feet in size to properly advertise his motel both. from the direction of Clearwater and Tampa. He now finds that if the sign is erected on any convenient.spot on his own property, an extended view from both direotions will be obliterated in large part by the tree clusters. He the refore requests permissionof the aut hor i tie s to erect his sign on the city property between the two driveways and approximately eight feet baok from and so uth of the Chesnut street south curb line, all at which. is indioated on th e yellCM sketch. It may be here noted that authority has previously been granted Mr. Koenig to run the north-south driveways approaching the motel across the oity's strip of land. Whatever reservations were attacbed to that permission w ill be acoeptable in the desired permission to now erect the advertis in g sign at the point indioated on the yellow sketch. A draYJing of the proposed sign show ing its design and co lor wi 11 be dis played upon r e qu es t . True ting the. t the zoning board and c omm1ss ion will see tit to approve this matter, I am Respectfully yours, (sigaecl) Arthur W. Jordan, Jr. Attorney tor Charles O. Koenig ." ' .' . . ,.. . ' ,~.. ' <1lf1tjo'.-- 4~ "f'~.::::-:........ '" . ..~,.:.~<~l" ;:;:~':' . )~~~,t.:''i :~~!~.?: . ",' , ""'" . ;,', , .... ,'. t. t }, . , ;~ .' ~' ',1 i"' , :" f;. '. ...!.:" :./'..:,.~.':. !I',:'.;.,',/>.t:1:&:" : ......"..>,.1... ..... , $;':' . * ,", ,'; "" 'i';~;!J"f}gr ..' !1~Zf;jt~~~;~~i~:~~~<i'!'\i'\;';;ii'/\'; i ' ~~~~":..rill....:...y..~.........,,,..;~f_',,~~,_,,:;, ::'" .-, .:. .~;~ :~.:~~;:".. : .::,:::.:;:~'~i~~~i.~',.., ;;1'~'~:~;~1'; ~'~.' ~.,,~.~,~'~~/;'::::.,,~.~:.::,,;:.-: .'~';: ~ :.,;' ".,' crrr COJ8IIBSION MEE'l'Im June 27. ~949 lune 22. 1949 To: Mr. Bennett From: O. H. Anderson, Beo'y Zoning Board SUbjeot: Request ot Welter W. 1enman At the regular meeting ot tile Zoning Board held Tuesday evening June 21, 1949 the Boerd rule d. in favor of gran tinS the request of Walter VI. 1en.man to ereot a store building and smoke hous e on Lot 7. Block 5, tAilton Park Sllbdi vlsion (603 1effords st.) this area being ~oned for manufacturlns. Attached herewith is~. Jenman's request also a sketch and plan ot the building be plans to ereot. . * June 7, 1949 Zoning Board Commission City Hall, Clea~ater, Fla. Attent ion Mr. O. Anderson Gen tl e.aen : I wish to submit the attached sketch of building and smoke house and permission thereof to place same at the corner or Jeftord and Hamlet streets running parallel with the Atlantic Coast Line Railroad tracks. The said purpose of building would be for the snoking and selling of fish. All sea foods ~ould be cleaned ani offal removed outside of ci't:\v 11mi ts and Vt'ou1d be brought in ready tor smoting. Sanitation rules and health codes 'Wollld be cal'ried out as pe r ins truc ti on s of Beal tb Boa rd. I have been living in Clearwater the past tour years and own my bome located at 804 Jeffords the past two years. As my health will not permit me to do heavy work. I seek this vooation as a livelihood. thereby not only sus- taining my fanily, but in having a place of businesswhereby not only myself but the City of Clearwater will pro~it thereof. Trus ting YOll will act ftlvorably on tb.is application I am, Respectfully yours,., Walter \"l. .Tenman 80~ Jeffords st. City (signed) * * * June 22, 194.9 To: Mr. Bennett: From: O. H., Anderson, See'y Zoning Board SUbjeot: Shell Oil Co. - Request At tb.e regular meeting of the Zoning Board held Tuesday evening, eTune 21st 1949 t the Board r eeommended that the request at the Shell Oil Co. to re-zone Lot 2~ O'Harrington subd1vision from R-2 (Residential) to Business be denied. The Board hes no autbority to change zoning tb.at must be done by tne City Commission and a referendum vote. Attached here~ith is the Sbe11 Co's request. * lit * ,e , " ,.,-.,'" .,. C:,e:. e','e" ...;....., .:'.,.:,::::,y;.).i;:.:.:..\\....:.: -.~-- . ""';";j;~:r~~;~rL~*,9'-';"',""'';,:~:,:, . , ,~, , t.;" . ',"<_;. .,..,._,.,..;',',~.'::, .,..;.~:,. ,'.':':::.,r,,1".. "''of..' ",'.' _" .... t~. , .'~. ~..~; '~'."w'.J'.'~..~.'.' ._;....'"" OITJ C€lMIIISS ION MEETIm JW1e 27, 1949 ~~ re, . tl~; June 6, 1949 Hon. Zoning committee City of Clear'Water Clearwater, F10rlda Gent Ie men: In,1941, '/ve aoquiredthe property situated on the Northwest corner ot Fort Harrison Avenue and Georgia streets in the City ot Clearwater, Florida. This is described as Lots I and 2 of O'Harring- ton's subdivision. At the time ~e acquired this property. we erected a modern service station faoility 011 Lot 1 and in addition to this one, we erected two other modern units. We nave always tried hard to be a member of your community and keep otU' stations attractive in appearanc e and 'lte believe tha t you wi 11 1'1 Di them so '. Of course, vhenwe aoquired this property. we did so for business reasons and v.e now :find tAa t Vie 'Wo uld like to use Lot 2. Lot 2 1s now zoned "Resident1el" and 'We wo uld app reciate it very much if you would consider re-zoning this as "Business" which would permit us to expand our operation. Your kind consideration will be appreciated very much. Tours very truly, (-signed) VI. W. Salzer, Manager t\.;,. I.' . lee " ~':' \. , ' ( , ! , i e !' ,- <,. , : I. 'el' e e . , i t .' }. " * * * RESOLUTION NO. 'NHERE~S, on June 7. 1943, the city of Clearwater. Florida enacted Ordinance #560 whereby the city tax on utility bills was in- creased from 10% to 15%, and WHEREAS this additional tax was levied in good faith for the purpose of obtaining needed revenue for the City, and WHEREAS the supreme Court of Flori da held the t the City was without power to co~lect more than a 10% utility tax and directed the Peninsular Telephone Com~ny to return to its subscribers moneys col- lected from them and impo~nded by it, pending its appeal to the courts, and WHEREAS the Decree of the Supreme Court was effective April 9, 1949, after which date no further collections under said Ordinanoe ~ere made by the City, and WHEREAS the City Commission of the City of Clearwater finds that the utility tax paid to it by its utility customers. the customers ot the Florida POVler Oorporation, and other utility oompanies, not pro- testing the tax. ~ere in effect paid under protest in that failure to have paid said ta:x would .have subjected them to loss of tm utility service conoerned, and that said amounts probably could be recovered by individual taxpayers in proper court action, and whereas said City Commission, ~ile under no legal liability to voluntarily do so, finds it just and proper that said taxpayers, without the neoessi ty of oourt aotion, be given an opportunity to reoover or direot the disposition of the amounts paid in by thew. _ben it is praotioal to do so, and " .': .' . ;..... . ~ . ".', , " .', ',,,' ~.........- /..\. ' "j <-, eee."'-.. ,....- e c." . -..""",., . ) "e e,)C."e: j '." '.::'f.:~""" \~~L~ ..,":',i:.," , ee '. ,~':t ',;:' _ ::.;,: ',:,. "'.. ..: :. . . e . . . .. . . . . , . . .' .' .,' . : "-:'~'L" "J.,~",i~j,':,~~~~;ic;t~.~::i,;,~'J'~~';'~:;';e.0L~~;~~i{fJ.i~~~i'L::,\Jr, ....~ f !" "'"'''' "", ,,', ~/O fi;;i' ."1. ~1";-'~.41~'" ..~,~~." f;I:"i\tt;'i[~tr; , ..>~.,.~".',....\~~;,: :.Y .' " . ;........... CITY COMMISSION MEETING June 2~. 1949 WHEREAS the City of Clearwater bas vital need tor improvements to its public property 1'01' v.tlich suffioient revenue is not available. and wnereas many Citizens, Clubs and Organizations of the City have re- quested that they be allowed to donate their utility tax paid in and to enoourage others to do so for use either to oonstruot a municipal pier on Clearwater Beach or to obtain the site for and assist in the min- t...;. .' tenance of a swimming pool tor Clearwater negroes, and WHEREAS the number of persons who paid such taxes exoeeds 7.000 and many of the amounts involved are 2~ or J~, the oost 01' retunding. which would exoeed the amount refunded, and some praotioal method of aocomplish ing the desired obje ots heretofore set out is neoessary and to the best interest of the city of Clearwater and its oitizens. , ~.' .',. .J'.';,,,,; " ". .,' ,','..":'". '!.' . '. , . ,.,.-.~ ,", r'i!i;:;f.('~~t ~~~~It;':,:;~', ~lF NOW THEREFORE BE IT RE$OLVED BY THE CITY COMMISSION of the C1 ty of Clearwater, Florida in session duly and legally held: 1. Toot the proper officers and employees of the city of Clearwater be and they are hereby autharized and empowered to disburse and allooate in the manner hereinafter speoified from the funds in which said amount s are now held those certain amounts heretofore oolleoted from utility pur- ohasers in excess of 10% of the monthly oharges for utility services pur- cha sed wi t hin the City. 2. That each such taxpayer be furnished a oopy of the Notice and Authorization hereto attached, mrked "Exhibit 1" by personal service, or by depositing the same in the United States mails, with the last known address thereon, as indioated on the records of the City or the Utility Company having furnished the servioe. 3. That upon the receipt by the City of such authorization pro- perly signed by the taxpayer, his or its taxes heretofore paid be dis- bursed in aocordanoe therewith; that where suoh authorization directs the us e of such money by the City, such money be transferred to a speoial acoount for that purpose; that where such authorization indicates the de- sire of the taxpayer to recover amounts paid by him. where suoh amount is $1.00 or more, 0. cheok therefor be mailed to the taxpayer and that where suoh amo~nt is less tban $1.00 it be held at the City Hall tor him. 4. That where no authori zation of any kind is received from the taxpayer the sums paid in by him are to be held by the City tor a period of sixty (60) days after date of mailing said notioe, and the first pub- lioation of the notice hereto attached, marked "Exhibit 2", which shall be published once dur ing each week for four consecutive weeks in a newspaper of general ciroulatIon published in Clearwater, Florida, said taxplyer shall be deemed to have waived his or its rigb.ts in conneotion with said amount, and they shall be subje ct to further appropriation by the City 01' Clearwater for either or both of the purposes set out in said authorization, "Exhi bit l". 5. That the offioers and ElIlployees of the City 01' Clearwater are hereby authorized and dir eoted to do all things necessary to oarry out ...~QoIll-- '" .,.., :1 - I . ~" , "; '.'" .. ..., "'. ":"'i:~,:.~.)I:"i-;:';';"":~"'\'!'~';~'\'~""~~~;~g;':~~~~:?;~;?2~it%r ' " ~~~~;~~;c;~'~~~~,~~,j:J~~, ..',."L,,,,:,;j",;:;.;.,,~,,,~;;~,;~~;",J~L",,;2_,L_,,,~...;,.:,_:,jt:1010t~;~j;~Yrjl~t~f':: ...... "', CITY COMMISSION MEETING June 27, 1.949 the provisions of ttl1s Resolution in a. praotical manner, and that tlle provisions .hereof are dir ectory rather than mandatory. PASSED AND ADOPrED thls 27th day of June A.D. 1949 , Harrl D. Sargeant (signed) Mayor-Commlss10ner A'l'l'EST: H. G. Wi~f2_js1gned) Clt y Cl.er * * * NOTICE To Clearwater utility taxpayers: On June 7. 1948 the city of Clearwater increased its uti li ty tax tram 10% to 15%, in good faith for the purpose at obtaining needed revenue for the City. The state Sup.re.me Court ruled that the City hRd power to oolleot only a 10% utility tax, and directed that after April 9. 1949 only 10% wo uld be colleoted. Although under no legal liability to 'v'oluntarily do so. the city has de- oid ed to a110'l; eacb. taxpayer to indicate his wishes as to the disposition at the 5% already paid by him and nCM held by the City. The attaohed card is self-explanatory. Please com- plete and return at once. AUTH ORIZATION TO: city ot Clearwater, Florida You are hereby authori zed and direoted to make disposition of the utility tax in excess of 10% collected from me as checked below: 1. Retain it and use for: (A) Construction at a municipally owned pier on Clearwater Beach, or (B) Cost of obtaining site for and contri- buting to maintenance of a swimming pool for vlearwater Negroes. 2. If amount is $1.00 or more send check to me, if less hold at City Hall for me. (The 1'ollowing is to be com.pleted only it l(A) or l(B) is che eked: The undersigned does not object to publication at his contribution: * * Signe d . * .",-'.:..:....', ..\:\:>(~:~": ..~ .~,". , . To Clearwater utility Taxpayers: On June 7. 1948 the City 01' Clearwater increased its lltility tax trom lO~ to +5~, in good faith tor the purpose of obtaining needed revenue for the Ci ty. The State suprem.e Court ruled the t the City had power to oolleot only a 10% utility tax, and directed that after Ap.ril 9. 1949 only 10%- wo uld be co lle oted. Al tho\lgtl under no legal liability to voluntarily do so, the City has de- cided to allow each taxpayer to imioate his e wishe s as to the dlsposi ti on at the 5% al ready paid by him and nCM held by the City. By virtue ot a resolution ot the City Commission at the City of Clearwater, adopted June 27p 1949. eaoh taxpayer is to be allowed to authorize said City to use the 8umspaldln by him either tor the oonstruotion " " ' '.,.'. .":, "'I ., . ,. ., .' ',,' ."...-.-.. e'. " ..4. .>___.._::~j.i~'1:;.:;~~~~;~:;,! ' . . ,.. ,,~.li~"'" '. " .. ". ....;(i'}'n~:l:1'q!i!1~~1~tJ d' .:. }";~ ~...? .. :>;~ " '''. :';,' t,,) CITY COMMISSION MEETINGe ....... .tune 27, 1949 'f ot a municipally owned pier on Clearwater Beach, or tor the coat ot obtaining 8 site for and oon- tributing to the maintenance ot a swimming pool for Clearwater negroes. or to request the return to him. by cbeck, of amounts exoeeding 99~ or the retent ion by the City tor him of amounts le..ss tban .1.00. Failure ot persons by whom suoh amounts are reooverable to give some direotion to said City as to disposition ot said amounts within sixty (60) days from the first pub 1ic8 tion of this noti oe shall be deemed a ~alver ot the right to recovex such money. All concel'ned are hereby directed to govern themselves aocord1ngly. .'.:::". ,;i, '.: H. G. Wingo (signed) C1 ty Clerk There being no turther business to come before the Board, tbe aeet- ing Vf as adJ ourned. . ATTEST: '".<: .1',. \; , CITY COMMISSION 'L'QEETIN'G .� � y June 2?. 949 - The City Commission of the City oP Cle;srwater met in special session the evening of Sune 27, 19�.9 at 7;30 P.DiI. in the C2ty Ha11 with the Pollowing mem- bers present: , Harry D. Sargeant - Mayor Cammissioner E. B, Caslex, Jr. - Com►nissioner Herbert M. Brc�wn - Commissioner Leland F. Drew - Commissioner Guy L. Kennedq - Commissioner Absent - ATone Also present; Boyd A. Bennett = City Maneger George McGlamma - C.hief oP Police Ben Krentzman - City Attorney The meeting having been called to order, Mr, Douglas, County Distributor for the'Eli Witt Cigar Go. addressed the bommission relative �o the proposed Ordinance lenying s tax on cigare�tes, ci.gars and tobacco products, He said that enPor cing such en Ordinance was not difPicul� so f ar as cigarettes c<lone were co ncerned as each �eka ge was stamped but tu.9t cigars and other tabaeco produ�ts wo uld present a more diPYicult problem. He said Purther that the ta� on cigars and tob�eco products had not produced a great deal oP revenue and that customers were more inclined to buy these items outside the Citq �than #'�eq were to buy cigarettes. $e estimated that a tax on cigarettes would produce �40,Q00 annuslly. Commissianer Casler moved that the OrdinanGe be amended by deleting rei'erence to cigars and tobacco products, Coc�missfoner Kennedy seconded the �otion and it carried. Voting «aye�� Mayor Sargeant and Commissioners Bz�own, Caslar, Drew c�nd Kennedy, Voting "no�� none. Commissioner Casler moved that the Oidinance, as amended, be passed on the second reading by titl e only, Com- missioner Kennedy secondefl the motion and iv carried. Voting ttaye�} �iayor Sargeant and Gommissioners Brown, Caser, Drew and Kennedy. Yoting TMno" none. The Cit,v Clerk read a letter Prom Stanley C. hiitrshall, h�aqor-Flect oP St, Petersburg inaiting the Mayor, other city o�?Picials and all citizens or Clearwater to attend the "Spaus Across the BayTM celebration in St. Petersburg, Ju.ly lst to 4th. On s motion by Commissioaer Browa, seeonded bn Commissioner Drew and carried, the latter was to b`e aclmawledged and Mr, hqinshall advised that all oP the com- missioners would try and a��end the celebration. Mr. A. N. Smith appeared before the Commission in connection with his reque9t that the City repair and maintain the drive�vay shovin oa plats as Spri� Court. Mr. Smith stated that the City �ad msde repairs to this drivewaq in the �st and that the City was furn ishing street lights at this timee He 3sid hP wonld be glad to eanvas property ow�ers on both gides oP the street regarding their wishes. Com- missioner Casler moved that the Maqo� appaint a Committee to study the matter and make a iinal recommendation at the next meeting oP the Commission. The motion was seconded by Commissioner Brown and carried unanimousl.y. Maqor Sargeant appointed Comm.issioner Drew and Brown on the Committee. In discussin� the Budget for the �ig�al year 1g49-1950, Mr. Louis Simon suggested tt�t the Commission keep the hudget at the same figure as the 194g-1949 budget. Mr. A. N. Smith said thet employment was decreasing and the City should not inerease the budget at this time. Mr. Ralph BJ. Carson aad �ir. W. S. Shannon sug�ested an iacrease in the amount allacated Por publicity purposes, Mr. Jack Eckhart was of the opinion that the Commission should increase the allt�cation for charity purpose�g Mr. Ralph Richards vvas assur�:d by �rm'o�rs oP the Commission that p1,250.00 for t�e purchase of land Yor a colared gark and swimming pool would be provid ed, when requir ed. Conamiss3oner Brow n moved that the Commission approve �he budget as presented. Qommissioner L`rew seconded �he mot ion and it carried by the unanimo�.�s vote of the Commission. City �anager Bennett presented a request from Ctu�rles O. Koenig, throug� his attorney lirtY�ur R'. J'ordan, �'r. that he be perncit ted to erect a i�otel sign on the st�eet Right oP Way in �ront of lots 1, 2& 3, Blk A, Breeze Hill Subdidision together v�ith the Zoning Boards recommendation oY approval. City Attorneg Krentz- • man s'tated t,hat subse�tion 3 of Section XIT of the City Charter prohibi�s the erection oP billboards, signs, etc, in Districts zoned as tPPublic". On a motion by Commissioner Casler second�d by Commissioner gennedy and unanimously carried the matter w as post-poned until the legal status oP the question can be deter�ined. Mr. W. S. Shannon, President of the Clearwater Board of Realtars, Mr. Ralph W. Carson and �ir. R. M. N,orrison requ�sted that that section oP the Zoning Ordinance prohibiting signs be enforced, partieularly as to real estate '}�or sale�� and „Yor rent" signs. Mr. H. hi, Blanton said he did not believe the law intended to prohibit an owne�, or his agent, Prom placirkg +�for salett si�ns on griYate prapertq. Com- missioner �asler mnved tha� t,he City Attorney be instructed' to ask for a declaratory decree on Section XII of the Zoning Ord•inance. The motion was seconded by Commissioner Brov�n and carried unanimou�ly. Capt. TomDevlin appeared before the Commission and req�ested that the Ci�y lease to him a 15 or 20 Pt strip of land at the w est end of ths Clearwater vacht Club basin stating tha t he wo uld erect his abn building along the same lines and architecture as the present building on �$.e adjoining prapert9 and th� same size 3.f required to do so. Iie proposed to pay a ren.tal of �25.00 monthly �or i'ive yeers. $y consent act3on on Mr. Devlin�s reqraest was dePerred Por further study. ' � 0 � �: . CITY COIr8M2SSION MFETING �,, j} ;3 une � 94 In connection with Mr. C. �J. Troiubley °s reque.st that th2 City renew his. lease on City ownecl beach paoperty, blr, Casler reported thr�t the C9mmittee on Beach leases recommended'that leases on those buildings nat ad�ac�nt to the water front be continued on a month to mo�th basis. On a motion by Com- missioner Caslex secotxied by Commissionex Drew and unanintously carried, the a�eport of the Committee was adopted. The request made by :'dolYe, Wightman and Rowe that Dr. M. Crego Smith be granted a permit to erect an ofPice building on JefPords St. immediately wPst of Morton Plant Hospital, was pr�sented to the Commissian together with the Zonin� Board°s recommendation that the request be denied. Commissioner Drew moved that the re,�ort oY ttie Zoning Board be aecepted. The �otion was seconded by Commissioner kennedy and ca�.ried unanimously� Commissioner Drew moved bhat the Zoning Board be sustained and the perty natified. The r�otion was seconded by Commissioner Kennedy arid cerried unanimauslyo ,��,. A request bq Vincent R. Dixon, �hat he be permitted to erect a Pilling station on lots l-k incl usive, Bloc& A, Suburb Beautifu� was presented to the Commission with th e Zoning Bosrd's recomm2ndation that the request be gra�ted. Durin� discussion, it was Pound that while the property on the opposite side oY the street was zoned Por business, the particular lots in- volved were shown on the Zoning Iv]aps as being zoned R2. 0� a motion by Com-- missioner Kennedy, seconded by Commissioner Casler and uueAimausly carried the Zequest waa rePerred back to the Buildir� Inspector and the Zoning Board for furt�er study and clariPication. City Manager presented the request of VJalter M, Jenman that he be per- mi,tted to erect a store buzldirg and smoke house at 60.� ••Jef�ords St. (Lot 7, Blk 5, Milton Park Subdivis3on) with the recommendation by the Zoning Board that the re�uest be grante�l, Commissioner Casler moved that 1VIr. Jenman'rs request be granted. Com�is�ioner Drew sec�nded the motion and it carried IlIIfi 111II1D US-]. q . City Attorne� iLrent�an pz��sented a contract wit,h the Thomas H. Blaek Realty Co. Inc, regarding installation of'rwater mains in Druid Heights Sub- division and the Right of ;�,'ay for proposed Chesnut St. Ci�Gy Manager call.ei attention to the Pact that the agreement would require an expenditure oY �p1000.00 over the amount to be contributed by the Black Realty Co. and that Chesnut St, if gaved Yor the l00 Pt Right of WaS� would require a more eggensive type o� paving than that pro�rided for in the contract. Gommissioner Casler moved tha� the }�roper city officia ls be instructed to execute the contract. The m�tion was• secoucled by Commissioner Drew and carried: unanimously. A req�st by �fT. W. Salzer, Manager oP Tampa District, She11 Oil Co. that Zonin� oP Lot 2, 0. Harrington Subdivision be changed Yrom R2 to Business Zoning, �aith the Zoning Baards reaommeadatioa that the request be deniefl, was presented to the Commission. On a motion by Commissioner Drew, seconded by Commis3ioner Kennedq and unanim�usly carrie d, the action of the Zoning Board. was sustained� A request Prom V`lalker �radYord that a 15 Yt. setbaek instead of a 20 ft. setback be allowed, on pro perty at soutihwest corner of Cedar Street and North Osceola Ave,, together with the Zoning Boards recommendation that the request be grarit ed was presen�ed to the Gammission. Commissioner Dxew moved that the matter be re�erred to the City Attorneq to adeertise Por s puhlic hearing. Com- miss3oner Brown se�onded the motion an3 it carrie@ unanimously. Qity Attorne y I{rentzman presented a Resolutio n setting forth the method oP rePundin� the Sa utility tag as recommended by the Utility Tax RePundin� Committee, On s motion by Commissioner Brown, secanded by Commiss ioner C�sler and unanimously carried, the resnlutiott was adopted. The City D�zna�er presentec� a request by 'Mrs. ,T, W. Hines that she be pexmitted to move an 8 x 8 building across the Causewaq. On a motion by CommissionerDrew, seco nded by Commissior�er Casler and unanimously carried, the City �danager was authorized to Bsue a permit, szbject to the usual regulations. Commissi.oner Kennedy presented a plat oP the proposed Roberson Subdivzsion oP Block H, Hillcrest �2. By eonsent, the plat was rePersed to the Engineering Depart- men� Yor checking and to see that the rEgulations in the previous plat were preserve3. On a motion by Commissioner Casler, seeondec3 by Comruissioner Bxown and unan.i- mously carried Francis C. Middleton was appointed as kcti�g Gity Manager during th8 absence of City Manager Benn:ett. T.he various papers, letters, resolutioas and etc. mentioned in these minutes are set out helaw and are hereby made a part thereoP. J'une 24. 1949 �f ayor-Commissioner Harry D. Sargeant Commissi one rs : G. L, Kennedy E. B, Casler, Jr. Leland F. Drew Herbert �ri. Bravrn Gentlemeh: A apeciel meeting oY the Cammission will be held bionday evening, CITY COM6QISSION ME��.'ING une , g 1 June 27, 1949, in the City' Hall at �;30 PM Por the purpose oP con- dueting the Pollawing business: . 1. Public hearing on the 1949-1950 Budget. 2. Second reading oP the Ordirmnce levying an Occu�3tional License Tax upon sellers oY tnbacco prodnc�;s. Represen- tatives oP Eli Y�i�t Tobacco Company.to be hearc�. 3, Consideration of Mr. Smith's request Por the improvement of Sprittg Court. 4e Consideration oP the proposals taken Por a uditing oP the City bo oks . 5. 2,oning BoardTs report on the request of Dr. Smith to ereet an oYPice on JeP�orda Street, West oY Mortan �'lant Hosp. 6. Report Prom the Zonin� Board on the request oP ?vIr. Vincent Dixon to erect e filling station on Lots 3, 2, 3, & 4 Block A, Suburb BeautiPul Subdivision, which lots,.are on the corner oY Florida Aven:�te and Gu1P to Bay Bivd. %. Report Prom the Zoning Board o1� the request oY Sh��ll Oil Co. request Por the re-zoning of �o't 2 in 0*Harrington uubdivision. 8. Report of Zoning Board on the request �P �,';alter VJ. Jevman to erect a stor e building anc3 smoke house on Lot 7, Block 5, �iltott Park 5ubdivision, 603 �e��ords Sti. 9. Zonin� Board�s report on the request oY �r. Bradford Yor a 15' set�back instead oP 2p' on the property line on the Southweat corner oY Cedar and North Osceols. 10, Report of Zoning Board on the request oP Charles 0. Koenig to erect a Motel sign on City property in Pront oP Lots l, 2, & 3 Black A, Breeze Hill Subdivision on Chestnut Street. 11. Con�iaeration of signs. 12. Report Prom Committee on pla� Por the rePund oP 5`io utility T�x. 13. Report oY Con�mittee on leases of City Propert;� on Causeway. 14. Appointment oP Acting City I4ianager in the absence oY the City Menager. Yours very truly, (si�ned) Boyd A. Bennett Boyd A. Beanett Cits Mana�er * � * .Tune 23, 1949 To; Mr. Bennett From 0. H, E�nderson, Sec'y Zoning Eoard Sub�ect Vincent R. Dixou, Filling Station t�t the regular meeting of the Zoning Btiard held on Tuesdaq even- ing, J'une 21st 1949, the Board recommends that the request of Vin� cent R. Dixon to erect a filling station on Lots 1,2,3 and t�, Blo�k A, Suburb BeautiPul be granted due to �he Pact that the original plat shows that these lots are zoned for business and the Building Inspector be allowed to issue a building permit accordinglq. 1�ttached herewf th is Mr. Vincent R. Dixon's request and sketch �nd p3an of the bui3ding he plans to erect. * * * �' CITY' COMPdISSION MEETI� June � 4, . June 20, 1949 To; City Commzssion Dear Sirc. I am applying for a special pexniit to erset a service station on the corner oP Flarida r�ve. and Gulf-to-Bay Hlvd, on Lota 1, 2, 3, & 4, Block A of Su�urb ,Beautiful. Enclosed you will Pind t�e layout of my plans. I am open to any ,suggestions you may make t� meet your approval. Thanking you for your kindest attention. Vincent R. Dixon 7Q6 Phaenix.Ave. Clearwater, Fla. * * * June 26, 191�9 City Commissioners City of Clearwater Gent lemen : I desir e permission to move a small fr.ame buildi.ng 8 x� ft� square Pram its present location at the rear oP 1�42 Mandaley Road, Clearwaier Beach to its new �ocation at the rearof 1316 S. V7ashington Ave. Clear- water, Florida. I would appreciate it at your meeti.ng June 27th 1949. Mrs. J. W. Hines 1310 �. Washington Ave. Glearwater, Fla. * * * June 23, 1949 i'�o: Mr. Bennett irom: 0. H. Anderson Secfy Zoning Board Subject: Doctor's office - 3effords Street At the regular meetin� of the Zoning Board held on Tuesday evening, June 21st 1949 the Board recommernds that the request for a doctors office on JePfordsStreet be denied due to the Pact that this area is zoned For resi- deni:i�l and in the vicinity of aome of Cleasv�aters best homes. �^Thi1e the Board Yzels that a proPessional oppice within itself may not be objectional in this area i� would be an opening wedge Yor oth er busineas to Pollcn�, thereby creating an island for busine,�s or a new business section within a zoaed resident iel area. Attached herewith is a letter oP explatm tion Prom Attcrney V�. S. Wightman aa d letter Prom i,+ir e Wightman to- Nir, J'ohn F, Rossman. * * * Sune 3, 1949 City of Clearwater Zoning Boaxd Qlearwater, Fla. Attentionc I�,Sr. W. Ee Crawn, J'r. Geut lemen: Mrs. Mary 5. Boardman, ov�ner of the follov�ing deacribed �rop orty: Beg at NE cor of Gov I,ot' 1, Sec 21, thn S 363 Pt, W 912 Pt, to high water mark oP Clearwater Bay, Por POB, thn W g50 ft to E edge oY channel in Clearwater Bay, thta N 38 deg 12T' E 650 Yt & 30 ft S of 1VE cor oP Gov Lot 1, th S?�1'ly along high water mark oP Clearwa'ter Bay to POB, � � CITY COMMISSION MEETINC June ` , is �znxious to sell the East fifty (E 50) Peet oP this property to Dr. M. Crego Smith Por the purpose oY locating his oPfice thereon. This tract of land is located just VJest oP Morton Plant Hospital, fecing JePPords Street. The property on the North side oP JePfords is owned by Coramander Edward H. Smith, vrho owns a strip running approaimately 150 reet East Prom the corner of Druid Road alon� JeYPords; Mr. John �', Rossman, who owns a. stxip of. ,ipproxi- mately 170 Yeet Pronting on J"ePPords just East oY Coramander Smith's propert,,Y; and Mortan Plant Hospital, which has the next plat East of Rossman's, on which,is locsted the Nurses $ome. We have contacted Commander Smith ttnd N1r. Rossman and both state they have no objection to re-zoning the PiPty (50) Yeet strip so as to permit Dr. Smith to build his oPfice close to the hospital.. This property is under R 2 restriction� at the present time. Mrs, Boarciman'would like �o have your Pavoreble �onsideration and action Por r e-zoning the East PiYty (E 50) Peet oP her property so as to allow Dr. Smith to builci his ofYice ancl thus enable i�er to sell that portion oP her prope�:ty. Verq tr uly your s '�IOL�'P�, ;4tIGH'I`b�1AN & ROT?TE By Uf. _S. Vli�htman ( signed� PS Vle are enclosing the original of our letter to 3�r. Rossman on whieh he h�s indicated his approval of this re-zoning. * * * MaY z 3 , 1944 Mr . �'ohn F . Ros sman 3551 N.V,�. 36th st. Mir�mi, Florida Dear Mr. Ftossuian: V�e represent Dr: N1. Crego Smith, a practicing physician in this ci:ty Yor th� pagt Pive yer�rs. Dr. Smith wishes to build his oYPice �ust v�est of the Dhorton Plant Hc�soital on e pieee oY property fronti n� fiPty (50) feet on Je�Yards. This property is t�;o hundred Pifty (250) Peet deep and is �.he Pirst fiPty (50) Peet just west of b4orton Plant Hospital. BeYore any steps are taken in thiS connection, we, of eoursz, wanted to contact a11 of the local proper'�y owners end we understand you have approximatelg one hundred sixty=eight (1681 Poot frontage on JefPords Street just east oP Com�ander Smith*� home. � portion of your property would be opposite the Pi�i.y (50) foot strip on which Dr. Smith vrishes to establish his oPfice._ ?�e have discussed this m�tter with Commander Smith aZd he states he has absolutely no objection to Dr. Smith establishing an oPYiee on this property. TNe would appreciate yaur �avorable consi.deration oP this matter as it would grefi tlq facilit�te the services Dr. Smith could render due to ihe 1'act he .r,ould be 3ust adjacen�t to the hospital, Kindly le� us hear Prom you at your ear�.iest convenience in this connection. Very truly qours, WOLFE, WIGFiT;IdAN & 1?OWE By: W. S. Wigtitman (si�ned) Tn reierence to abc>ve, I will gladly give my consent. J'ohn F. Rossueau (signed} * � � a• ti • : _ , �_.�,_,;., . �,-w� � .�.:,��... ,.,�_ �.n.;��,,...e.�..,.�. � _,-�,_z.-,�.-�,,. _,.�,�� ,�aa..-.�.�.,,�,-,-:.,� ,.�-M-. =--� ,_..�. �.,�-., _ _� ; CITY COh�MISSZON MEETING .�' une , j �'une 22 , �949 To: Mr. Bennett ' From; 0. H. �nderson, Sec�y Zoning Bosrd Subjeet: RE�,UEST OF CHARLES 0. K�ENIG At the regulfir meeting of the Zoning Hoard held on Tuesday evening, June 21, 1949 the Hoard ruled in favor of granting the request oY Mr. Charles 0. Koenig to erect a motel sign on city property in front oP Zots l, 2, 3, Block A, Breeze Hill Subdivision, eight �eet Prom curb line on Chestnut St. with the understanding tiiat this sign wi71 be removed from city proper�y within seven days after notice Prom the City of Clear- water to do so. Eittaehed herewith is a copy of &Ir. Koenig's request (by Arthur 44, Jordan, Jr. Attar�aey j togeth er with a plat and layout of 'his property .showing location of pro�osed sign. * � �x June 21, 1949 The City CommisSion Vi� The Gity Zoning Board City Hall Clearwatex, Florid� Gentlem�m: h�r. Charles 0. boenig recently purchased Lots 1,2 and 3 oP Breeze Hill Subdi.vis ion for the eraetiott of a motel and an additional structure to be occupied as their Private home by himselP and family. The*e lots are bounded by Highland Avenue and Chesnut Street. The motel, which is nearing completion, will Pront on Ghesnut Street. Thexe are tv;o sketches hereto atteched,, One is taken directly from the eitg plat to show the egact street arrangement. The other, on yellow paper, is a free- hand sketch oPfered to more clearly depict the situatiorl and the prob].em conYronting �dr. Koenig. It will be noted Prom the plat sketch that Chesnut Street appears to be oP ihe same paved width as Gulf-to-Bay Bouleaard, Such, however, is not the case. Chesnut Street is �etually narrav;er and the curb iine extends out f urther than the plat indicates. But the city reserves the land fro.m a line in the center oY Chesnut Street south a distan ae of YiPt9 (50) Peet for the purpose oP ��idening Chesnut Street if and v� en such a project should become feasible. The actual cur b line is ahown on the yellaw sk etch and the City�s property line tlaereon indicated by the east-weat dotted line, �lso shown on the yellow sketch are three diff ereni clusters oi trees. Mr. Koenig desires to e:rec�t a neon sign Pour f eet by eight Peet in size to properly advertise his motel hoth Prom the direction of Clearwater and Tampa. He now Yinds tha t iP the sign is erect�d on any convenient,spot on his own p�operty, an eztended view Yrom both direetions will be obliterated in large part by the tree clu�iers. He the refore requests permissionof the autharities to er�et his sign on the city pro perty between the two driveways and �ppr oximatelg eight feet back from and south oP the Chesnut Street south curb line, alI of which ia indicated r�n the yellow sketch. It may be here noted that authority has preei�uslq been granted Mr. Koenig to run the north-south drivev�ays approaching the motel across the city►s s�xip of land. 'Nhatevex re�ervetions were attached to that permission.w ill be accepta��le in the desired permission to now erect the advertis in g sig� a't the goint indicated on the yellow sketch, A drawing of the proposed sign shawing its design and co lor will be dis played upon requeat. Trustir.g that the zaning bo�zrd and cQmmission will see P3t to a�prove this c�atter, I am Respectfully youra, (signedi �irthur V9. Tordan, Jr. Attorney Pur Charl es 0. Koenig * * � � , CITY COMMISSION MEETII� _ June , 94i June 22, 1949 Tos Mr. Bennett Fxom: 0. H. Anderson, Sec�y Zoning Board Subject: Rec�uest oP Walter W. Jenman At the regular meeting oP the Zoning Boerd held Tuesd.ay evening June 21, 1949 the Board ruled• in favor oP granting the request of 4Valter W. Jenman to erect a store building and smoke house on Lot 7, Block 5, �iilton Park Subd;ivision (603 Jefrords St, ) ttais area beiAg zoned Por manuPactiuring. Attached herewith is bdr, Jenman's request also a sketch and • " plr�n of the building he plans to erect. * * * June 7, 1549 Zoning Board Commission GSty Ha11, Clearwater, Fla. Attent ion L4r. 0. Anderson �en'fil e men : I wiah to suhmit the attached sketeh oP bui'lding and smoke house and permission thereof to place same at the eorner of Jefford and Hamlet s�reets running para,Ilel with the Atlant%c Coast Line Railroad �racks, The said purpose oP building would be for the snoking and seTZing of fish. All sea ioods would be cleaned pnd oPfal removed outside oP city limits and wonld be brought in read� for smoging„ 8anitation rules and health codes �A;ould be carried out as per instructions oP Heslth Board. I h�ve been living in C1earKater the past four years and own my home loeated at 804 J�£Pords the past two years. As my healtta will not permit �e to do hEavy work, I aeek this vocation as a livelihood, thereby not only sus- taining my family, but in having a place oY businessv�ereby not only myseli' but the City oP Qlearwater will profit thereoY. Trusting you will act Yavorably on 'this application I am, Respect�ully yours,, (signed) �ilalter ['4', J'enman 804 J'ePfords St. City * * * Tune 22, 1949 To; Mr. Bennett: From: 0. H.. Anderson, Sec�y Zoning Board Subject: Shell Oil Co. � Requsst At the regular meeting of the Zoning Board held Tuesday evening, June 21st 1949, the Board rEcommended that the request of th� Shell Oil Co. to re-zone Lot 2, OTHarrington subdivision fro� R-2 (P.esidential) to Business be denied� The Board hes no authority to ehange zoni�g that must be done bq the City Gommission and a referendum vots. �ttache d herewith is the Shell bo�s request. * * * � � , � � GITY CD2dMIS�ION NiEETII� une , June 6, 1949 Aon. Zoning Committee eity of Clearwater Clearwater, F•lor ida Gent le men : In 1941, we acquired the property situeted on the Northwest corner oP Fort Harrison Avenue and fieorgia Streets in the City of Clearwater, Florida, This is describe3 as Lots 1 and 2 oP 0'Harring- ton's Subdivision. At the time tir•e acquired this property, we erected a modern service station facility on I,ot 1 and in addition to this one, we erected two other modern units. We have always tried hard to be a member o� yow: community and keep our stations at�ractive in appearance and we believe t�hat you will find them so'. Of course, �nhen we acquired this property, we $id so Por business reasons arid we novr find that we would like to use Lot 2. Lot 2 is naau zoned ��Residential" and w� would apprec�ate it very much ii you would consider re-zoning this as "BusinessTM which would permit ua to expand our operation. Yo� kind consideration wi11 be appreciated very much. 7jours vEry truly, (�signed) y'7. 9�. Salzer, I�3anagex * * �'F RESOI.�UTION NCI. ti'�REAS, on June '7, 19t�.8,, the City of Clearwater, I'lorida enacted Ord:in�nce #560 v�hereby the City tax on utility bi11s was in- creased from l0� to 15p, and 41�REAS this addi�ional t�g was levied in good Paith for the puzpose oY obtaining needed revenue �or the City, and NIF�REEIS the Supreme Oourt of Flori c3a held that the City was without pawer to collect more than a IOfo utility tax and directed the Peninsular Telephone Company �o return t� its subs:cribers moneys col- lected 2rom then and impounsled by it, pending its appeal to the courts, ana Wf�REAS the Decree oP the Supreme Court was efPective April 9y 1949, aPter which clate no Puxther callections �.uider said Ord.inance were made by the City, and V�iEREAS the City Gommission of the City of Clear�vater Pinds that the uttlity tax paid to it by ii;s utility customers, the customers oP the Flnxida Power Gorporation, and o'Gher utility companies, not pro- testi.ng the tax, were in eYPect ;paid under protest in that failure to have paid said tax would have subjected them to loss oP the utility service concerned, and that said amounts probably could be recovered by individual taapayers in proper court action, and whexeas said City Commission, while under no legal liability to vo luntarily do so, Pinds it just and proper that said taxpayers, without t�e necessity of coUrt a�tion, be given an opportunity to reco�er or direct the dispositiott of the amnunts paid in by thew when it is �ractical to do so, and - � �� 0 � CITY COM?dISSSON MEETING J'une , 94 WFJER�AS the City of Clearwater ix,s vital nQed for improaements to its �ublic prnperty Yor v�ich suPficient revenue is not available, and whereas mmny Citizena, Clubs and Organizations of the City .have re- quested that they be allowed to donate their utility tax paid in a�xi to encourage others to do so Por use either to construet a municipal p3er on Clearwater Beach or to obtain the site Yor and assist in the main- tenanee oP a swi.rnming pool Por Clearwater negroes, and V1F�REAS the number of persons who paid such taxes exceeds '7,000 and manq of the amounts involved are 2y� or 3¢, the cost oY refunding, which would exceed tl�e amount refunded, and some practical method oP accomplishing the desix�ed objects heretofore set out is necessary and to the best interest of the City of Clearwater and its citizens, NOW THEREFURE BF, IT RESOLVED BY THE CIi'Y COBhMISSION oP the City of Clearwater, Florida in session duly and legally held: 1, Tl�t the proper o3�icers and e�ployees oY the City oY Clearwater be and they are hereby authorized and empowered �o disburse and allocate in the manner here�naPter s}�eciYied �rom the Punds in which said amount s are nav held those certain-smounts hexetoPore collected Yrom u�ility pur- chasers in egcess o� l00 oP the monthly charges for utility services pur- chased within the City, F 2, Ttu�t eaeh sach taapayer be 1:urnished a copy of the Notice and Authorization hereto attached, �rked t�Exh3bit l�* by personal service, or by depositi ng �he same in the United States mails , with the last known address thereon, as indicated on the records of the City or the Util3ty Com�zny having furnished the service. 3. ThQt upon the receipt by the City of such authorization gro- perly signed t�y the taxpayer, his or i�s ta�es heretofore paid be dis- bursed in accor�iance therewith; that where such authorization directs the us e of such money by the C'ity, such money be transPerred to s special. account for that purpose; that where sach aathorization indicates the de- sixe of the ta�tpayer to recover amounts �id by him, where such amount is �1.00 or more, a check thereYor be maile� to the taxpayer and that where such smount is less than �1.00 it be held at the City Hall Por him. 4. That xhere no euthori zation of any kind is received Prom the taxpayer the ,suras p�id in by him are to be held by the City for a period of sixty (60) days after date o� mailing said notice, and the Pirst pub- lication oP the notice hsreto attache d, marked "Exhibit 2", which shall be puialished once during each week Por Your consecutive weeks in a newspaper o� general circulati'.on published in Clearwater, Florida, said ,taap�yer shell be degned to ha�e wraived his or its rip�ts in connection r�it.h said amount, and theq shall be subje ct to Purth er appropriation by the Gity of Clearwater Por either or buth oP the purposes set out in said authorization, '�Exhibit 1". S. That the of P:icers and employees of the City o� Clearwater are hereby authorized and dix ected to do a1l things necessary to carry out � � Z:/Q �" tf'. �. . . . . . l � � ■ cz�t co�azsszoN na��xz�tc � 'Z--II une 2 , 9 the provisions. of this Resclution in a practical manner, ancl that the provisions herevf are dir ectory rather than mandatory . PASSED AND AD01'TED this 2�th day of Juns A.D. 1949 Harry D. Sargeant (signed) ayor-Commfss oner AT'I'ESTs H. G. Winqo ( signe d j �i�y C�er * * * NOTICE To Clearwater Utility taxpayers: On June 7, 1948 the City oi Clearwater increased it s uti Iity tax from 10 o to 15 0, in good Paitda Por the purpose of obtaining needed revenue for the City. The State Supreme Cour+-ruled that t}ae Citg had power to collect c:,nly a 10 o utility taa, and directed t.hat after Apri1 9, 1949 only 10$ wo uld be coZlected. Althou� under no legal liabi iity to vo luntarily do so , the City has de- cid ed to allow each taxpayer to indicate his. wishe s as to the @ispositi�n oY the Sg�O already paid bq him and naw held by the City. The attached card is self-explanatory. Please com- plete and return at once. AUTfiORIZATION T0: City of Clearwater9 Florida You s�re heraby authorized and direeted to make disposi�ion oP the utility tax in excess of l0� collected from me as checked below; 1. Retain it and use �or; (A} Construction oP a municipally awned pier on Clearwater Iieach, or (B) Cost of obtaining aite for and contri- buting to maintenanee of a swimming paol Por �learwater Iv'egroes. 2. I� amount i.s �1.00 or mora send check to me, if less hold at C3ty Hall Yor me... {The Po llowing is to be completed only iP 1(A) or 1(B) is cheeked: The undersigned does not object to publication oP his contxibution: S �ne . �k * * To Clearwater Utility Taxpayexs: On June 7, 1948 tt�e City of Qlearwater increased its utility tax Prom 10� to �5�, in gooS faith for the purpose oP obtaining needed revenue Yor the City. The State Supreme �ourt ruled that the City had power to colleet anly a 10� utilit9 tax, and directed that after April 9, �949 only lOJa woul3 be collected. Althou� under no legal liability to voluntari ly do so, the City has de- cided to a11ov� each taxpayer to indic�te his wishes as to th.e disposition o£ the 5� already paid by him and now heYd by the City. By virtue oY e resaluti on oP the City Commissian q� the City oP Clearwater, adopted June 27, 1949, each taxpayer is to be allowed to authorize said City' to use the sums gaid in by him eitlaer for ihe construction, CTTY COMMISSIDN MEETING � � a' June � 9 oY a municipally owned pier on Clearwater Beach, or Par the cost' of obtaining a aite P��r and con- tributing to the maintenance of e swilnming pool Por Clearwater negroes, or to request the return to him, by checY.9 oY amounts exceeding 99¢ or the ret�ntion by the' City Yor him o� amounts less than �1.00. Failure oY persons by whom sueh amounts are recoverable 'to give some directian to said City as to disposition of 9aid amounts vaithin sixty (60j days fratn the Y'irst �ublication oP ttiis notice shall be deemed a vraiver oP the right to reco4er such money. All co ncerned are hexeby directed to govern themselvea accordinglq. $, G. V7ingo (signed) C3 y C er There being no Yurtf�er business to come be2are the Board, the meet- ing was ed3ournedo .. �_` e � i Sayor-6o�iss ioner ATTEST: / i��� {' , C�3ty Audito�& er �' ■