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11/05/1951 '., ,'ti. '~~~ '{', '.~ <~ , '::j ::1\ " 'J. '~ 'i '~ ),..:.+r.<4\\. ' t ../l ......;. J i '\ 'I j i I , i i I I I I 1 J ,I 1 ~ ~ 1 I 1 1 :1 I I o1TY COMMISSION ME~~ING November 6, 1961 .... .... .".w.'.'" c...'cC.' .::,'",.",,,,,,,,, "tL..s..",._,",::3i,..+.~.;..: :>.t: , ~'9 / ,'", ....',<,',,, ", W~~1~5:;i I I I CI I . I The City CvDtl1is':non of the City of Clearwater tllet in regular session at City Hall Monday, November 5, 1951, at 7:30 PM, with the fOllowing members present: Herbert M. Brown Herbert M. Blanton Thomas H. Black, .Jr. Joe Turner Garland D. Lynn Absent: Uone Also Present Were: Ii'. C. Middleton C. E. Ware S. Lickton George T. McClarnma -Mayor-Colrnnissioner -Commissioner - Commissioner -ConnnisB'ioner -Co:rnmissioner -City Manager -City Attorney -City gngineer -Chief of Police ...,....,...,............4I'f>~_-...""""'"""' Meetin~ was called to order by the Mayor. Commissioner Lynn moved that minutes of rep,ular meeting of October 15th a.nd speoial meeting of October 18th ue approved in accordance with copies tllereof fur- nished each member in writing, and that their reading be dispensed with. Com- Juissioner 'lurner seconded the motion, which was voted upon and unanimously carried. Bids were opened by City Manager for construction of curb and sidewalk at Clearwater Marina as follows: 411 R. M. Thompson Company 550 line ft. concrete curb $696.00 Clearwater, Florida. 7,664 sq. ft. sidewalk ~p3 ,325.00 $4t,mu.oo E. H. Holcomb Company 550 line ft. concrete curb 682.00 Clearwa ter, Florida: 7,664 sq. ft. sidewa lk 2.,9l2t.32 $3',594.32 John A. Benton Constr. Co. 550 line ft. concrete curb 742.50 St. Petersburg, lnor ida 7,664 sq. ft. sidewalk 3-,832.00 $4.574.50 t ;.,;' ,,',.. ,......i... . Bid received from W. H. Armston Construction Company, Dunedin, Florida, was received after time specified in advertisement and therefore could not be considered. Com- miss'ioner Black moved that bids be referrod to the Oity Manager and City Engineer for tabulation and report back with their recor.nnendations at the next meeting. Com- missioner rrurner seconded the motion, which was voted upon and unanimously carried. :i\';1ti~gl;, , If. .....'.. /'., , . ~ . ',' : 'i;?i;t~'~[" .. , . ,",' ~,,-:, d, '::.,~:I ',' City Mana'~er presented tabulation of bids for 2500' of Class 150 of Asbestos' Cement pipe to oonnect standpipe to existing nmins. City Manager explained that this was included in the original allotrnent for building the Marina. He explained tha,t this pipe costs less than cast iron pipe, which is about $2:.86 - the asbestos cement pipe runs about a dollar less. The City Manager stated that he and the Oity Engineer recommend that the low bid of the Johns Manville CODlpE\ny for $4.650.00 be accepted. Commissioner Black moved that City Manager's recommendation be followed and that we purchase from Johns Manville Company 2500 feet of asbestos cel'llent pipe, Class 150, at a cost of $<4,650.00. COl'mnissioner I).'urner seconded the motion, which was voted upon and unanimously carried. Consideration WaS given to renewal of permit for William Meyer to operate the Sea Fever out of the City Dock. Mr. Meyer. who appeared in his own behalt'.. requested that his permit be renewed as it wa~ if possible. City Attorney stated that the lease has no hang-over features, such as rights of renewal, etc. He stated that it is called a permit, but that he sa~ no substantial difference in the terms ot' it and the terms of a lease. Commissioner Lynn said that since we have a new Marina: costing $325,000.00 many have expressed the feelin~ to him that all boats should be put to- gether so that all can lwve an equal chance at business. He said he believed that in fairness to the rest of them, t~t no new permit should be issued to him. and that all should be under the saliJe set up under the same provisions. Captain Meyer said that there is no suitable berth for large vessels at the Alarina - that there is no place ~or him to dock over there. He said that he has built up a following and clientele at the City Dock, and that all the hotel men have asked him to stay there, as guests coming by plane or train do not have cars in ~ich to get over to the Beaoh and they send such guests to h~. He said that is why the Committee gave him the per- mit in the f'irst place. Commis'sioner Turner moved that since there are so Dlany different angles to the situation that he felt no decision should be made at this time - that it should be re~erred to a Lease Committee for further study and recommen- dation. Cammlssioner ~nn seconded the motion. Vote was taken and motion unanimously carried. Mayor Brown requested that since the season is coming on, that the iI1!lttel' be disposed of immediately - the latter part of this week or at the early part of next week. Mr. Meyer stated that he had already spent a great deal of money for advertising for this season - that he has already had to make several decislons and has gone ahead on quite a bit of it. He asked that the Commission carefully weigh their decision on the matter. Mayor Brown said that he would like to say, and publicly. that the people in Clearwater are grateful to Capt. Meyer for the way he handled the rescue of the boat recently - that he had heard him on the radio and had heard :many people say that they were indeed grateful to him. Y!\, Comnissioner Black stated that question had been raised about the park area. He , '~~'t" stated that at an early Ineeting with that committee their work will probably tie in ,ith this lease matter as they have put off making tangible plans for the park area good many months. He stated that the two can be tied together. Commissione~ :~.'. ;" '. .,", . '~'~~IJ' ~~..-....... ". ~. ...~-....... , J';;", . , ,,:,';:,~:i:~;;:t:~;"'\~t;~'~:':;'i"'_' ',~ .', ~ ' , l~' \"/jML""",~_...,,,_",_,,_,,,, ,.'C . ':{~;li!!ii';' .~:;;"Y' ....11' , , ~ , , , '.., , ", ' ',':,'} , "" :,1' .., ,"', ~j "I :1 ~ 1...J-l,i.~ \ ;1 1 '1 I ,i "f l I , ~',' , .. I I I 1 i j ~ j " :~ I :'j :1 1 , j , 1 I i I >.'" , , .... , '. / " '. \, " ,'\', . " "- '~- '.. ,,;,', ,...;",:);;,~;~::;~':::,.,':...,;;;,),,:.,;,':',,:~~..~;;i ;;;'i';.c,_,;..\~;:,:;"" ,'" ,,;' .a f"z li~':' 'i'I!jl!'~I):j , . , . ~ ".~ . -, " ....,.'.... .;. .... -2- CITY COltMISSION MEETING November 5, 1951 Blanton suggested that a committee get busy on this immediately sp tl~t it can be brought bacl< to the Commission this week. He stated that he had many itenlS which have been draH~:l.ng along for nlonths which he hopes to get on the agenda soon. He said he hoped this ma tter will be placed on the agenda immediately as he fel t it im- portant to get such tllinp,s ca1.tght up. Consideration was FT,iven to plat for St. Cecelia School at Chestnut and HilJl- crest Drive. City Engineer stated that the plat has been checl{ed and is all right. Commissioner Blanton moved, after discuss:1,on, that consideration of this matter be deferred until the City Manap,er end City Engineer can confer with the principals in- volved, and arrive at a solution of the drainage problem in connection with this plat and report back and m!lke final disposition of it at tlll.lt time. Corrnnissioner Lynn seconded the motion, which waB voted upon &nd unanimously carried. City Attorney recoIlnnended that Ordinance Committee give its' early consideration to the draft of ordinance to c onfonn to a flpecial act of the LegiBla ture controlling just such situation as thia - drainage and public improvements to be put in in connection with the~e subdivisions. He stated that the City Engineer }~d colleoted naterial relative to it, to be presented to the Mane..l1,er, but that it must be put 1n the form of a,n ordinance. The City Manager approved this idea, as It 'Would give the Conmlssion some- thing to go by. COlnmissioner Blanton stated that the Comllittee would get together with the City Attorney for preparatIon of Buch an ordinanoe and report back at an early meeting. This was passed by consent. Matter of smoke control at the gas plant was brought to the attention of the Commission by Mayor Brown.. who stated that it was' believed a year or two ago that the situation see~ed to be ended at the p,aa plant by stopping the use of the incinerator and using a sanitary fill. Ho sa id tha t did away with the smoke in the area, but that since then there haa been an increase in the gas consumption, and longer hour&. of operation are involved. He said that the smoke which comes of'f fran out there has an acrid odor Which burns and penetrates one's lungs and enters houses. He stated that it is time activity was renewed concerning it. He stated that the City l.ianager says there is a new process .for arresting the smoke which he felt could be put into operation at not too great an expense, and that he .felt it important that this be done in view of the amount of' good it will do. The City Manager said that a few years ago the American Blower Corporation turned the plant down due to. the location o.f the gas machine which it had to pick up the smoke. A smoke arrestor 1~8 been discovered by another company in New York which is supposed to be very ef.fective. City 1Iam.ger stated that he has corresponded with the cOIllpany which has discovered it, but as yet has had no reply from the~ reGarding it. Mayor Brown then spoke of installing sidewalk on the East side o.f Myrtle Avenue to Cleveland Street - South to Turner Street. Con~issioner Black moved that the City Engineer be instructed to prepare proper estinlStes for construction of sidewalk on :Myrtle Avenue .from Cleveland S'outh to Turner Street, and if possible the t this report be given to the Commission at its next reh~lar meeting. Conmiaaioner Blanton suggested that it be extended to Druid Hoad as a great deal of foot traff'ic is involved up 'to Druid Road. Mayor Brown suggested that it be asked .for in two projects - one to Turner Street and one to Jeff'ords Streets so that the advantages of two sidewalks can be weighed at this time. Commissioner Black then amended his motion to state that City Engineer be instructod to prepe.re proper estimates for construction of sidewalk from Cleveland to Turner Streets, and another estinmte ror sidewalk from Turner to Jefford~ streets. Commissioner Turner seconded this motion, which was voted upon and unanimously passed. Mr. O. L. Darling, President of Clearwater Federation of' Civic Clubsl said that he 'Was glad the matter had been discussed by the Connniss:1on, as he had been in- structed by his group to bring this matter to the attention of the Commission. Public hearing was held regarding changing the zoning of E. E. Stone property on E. Tur.ner Street. City Attorney stated that this request had been n~de in the ~or.m of an application frOD Nr. E. E. Stone ~or exception to zoning regulations in an R-~ zone - that he wished to convert his house into a two famiJ.y apartment dwelling. He stated that Mr. Stone a.ft'irms that surroundin[; property has already been converted to apartments. This application was made to the Zoning Board, and at their Illeeting o~ October 2, 1951, motion wa s made that this request be granted, that although the area is zoned R-1 most of' the surrounding property is R-2: multiple dwellings'. City Attorney read Legal Notice published in the Clea~/ater Sun in this connectionl and affidavit which was appended to this notioe. He also read communication signed by 16 property owners in this area stating that they had no objections to his naking his property into apartment houses. May or Brown explained that this application did not involve chang- ing the zoning, but that it involves giving permission to erect an apartment house under the hardship ruling of' the Zoning Act. Commissioner ~nn moved adoption of Resolution granting the exception requested, executed by the proper Officials.. Conl- missioner Blanton seconded the motion, which was voted upon and unanimously carried. City Attorney brought up the matter ot' Texas Company which wished to estab11sh a t'i11ing station at the intersection of Highland Avenue and Gulr to Bay Boulevard. He stated that when the matter was presented to the Con~ission some time ago that they had been of the opinion that permission shou.ld not be granted on the basis of City Ordinance prohibiting any business which might constitute f'ire or safety hazard, and that at that time they were willing to have the matter go to Court if necessary to see if there 'waa a possibility of the Supreme Court chang:i,ng its mind f'rom the stand it has taken in similar recent cases. He stated that suit has no,", been filed against the City by the property ownerl Nona B. Sharp.. who wishes to sell her property to the Texas Company for filling station use, and that he has done research work on the matte~ and finds that according to every authority he has consulted the City is not 1n position to defend this lawsuit. He said that the Supreme Courthaa held as directly as they 'have ever held anything that this one section or provision which the City has' in ita Z9n1ng law is unconstitutional. He then read portion of thia section - Section 17 "Bft Bu~~ness Distriot - as follows: -In the "Bn Business Distriot all premises and buildings except as otherwise provided '" ..~-_.- .~:"\lI";_ ,~, .f. ' i II f , i I i ! 1 I F ",.",.'. "tt ;,}?;ti~t . !' .,..'( .:'"". . }-.' ~,:,.. .' f(~~~i~i~lf.~t~L '; , ~"'~i.iI;(l(,,~'J"~\.~"" 'c. 1 fJ~~f~:r ',," "~ f3 ll]J1 fh;:0;ix:;\~;,,~~:;, ' f' . ",' ,"'r "." :~,:::, ;;i~j;:','::', \' >;'Y;';,;, ~,' " < t ",..' . . . .... . . . . .. ;~~l:~;l;~r;l~~{~i~,ii;';"" '"", ,.." ,,', ""'..,;.."""':."'~'i;.' ,.'J:.~~>.<:,?:,;~;;.,<:'::,. ~'!' "(,)yc/.;",:~ "\~ .. .,' ".;.":.'.,:.:.", . .:: '; >:, 1 ~<;-. .:":'. ; ,~',.. ..'. "';"".'.h .. _ ,_.~.' ~ , ," '.' . :~ "-'r... .", , . -3- OITY COM1lISSION MEETING November 5, 1951 herein, may be used for any use permitted in either I-H_l'" res-idence district, "R_2It multiple dwelling district, or for any other use not specifically prohibited by Federal or state laws or by ordinances of the city except the following, to-wit: \ ,". '1 '1 :1 !~ i:;'i:""\.. ' "(7) Gasoline filling or service stations, except where special permit has been secured f'rom the city COI:IDlission. Such special permit rnay be re- fused whenever, in the opinion of the city conunission, the proposed gasoline filling or service station would unduly increase fire hazard or traffic congestion, or endanger the safety or general welfare of the city." City Attorney stated that the Corrnnission had corae to the conclusion that this fill:- in~ station would create those additional hazards, but that the Supreme Court has; held that a municipality has full authority to zone ap,ainst filling stations, but rallst zone against them by areas only - that it cannot leave such zoning in the hands of individuals or groups of individuals to witWlold or r,rant filling station per.mita. An ordinance can be passed prohibiting fillin~ stations in whole areas and }~ve exist- ing ones close up within five years, but it must be in tho law itself. He said that this is even in line with other State laws. He then read quotation from Court recorda in the case of the City of Clearwater refusing to p;rant a permit for the erection of a fillin~ station at the northwest corner of Cleveland Street and Osceola in 1940, as' follows: "(1) All types o~ occupancies from which are ernitted smokes, fumes, gases, or odors detrimental to the comfort, enjoyment and health or surround- ing persons or occupants. *******...****+**~~*~***********.****~***.*****~~.******************* 'I , 1 I l I '! I i :1 '! 1 i ! 'J 1 I 1 I :! , ,1 !1 :1 'i; ,'1 ,'i J , i J 1 J ", ," J ;,,:J "I , .~ ;~ ,1 ~ "~ 1,1' " ~ .~ ' \ . ]. . -~ ,. :: " , ~ I '.,"j , , , : It'Ir an ordinance is passed by a municipal corporation which, upon its face, restricts the right of dominion which the individual might otherwise exercise without question, not according to any general or uniform rule, but so as to make the usual enjoyment of his own depend upon the arbitrary will of the governing authorities of the town or city, it is unconstitutional and void because it fails to furnish ~ uniform rule of actions and lea ves the right of property subject to the despotic will or alder- men who may exercise it so as to give exclusive profits or privileges to particular persons.1t He said that fOllowing this is a long line of decisions in practically every jurisdic- tion in the United States. He stated that he had nothing to stand on, and tl~t i~ he went to Court he would be unable to defend the City. He stated tlmt he recoL~ended that the City Commission not spend the City's money on a case which is a foregone failure to start with~ and go ahead and grant the permit. Canrnisa:ioner Turner said he still considers it a dangerous area out there, out does feel that the City Attorney's judgment is better than his, since he has quoted the decision of the Supreme Court, and that if the City went to the state Suprome Court regardless of what the Circuit Court would do, it would undoubtedly be reversed. Commissioner Blanton agreed with what Conunissione'r Turner said, and reconunended that a new ordinance be incorporated in the new zoning law in rer;ard to new a reas which are hampering us here. Connnissioner Black asked if his understanding was correct that no permit can be withheld unless cer- tain areas are restricted, and City Attorney advised him that this was correct. Mayor Brown said tlmt when the Connnission takes office it is charged with the carrying out of the laws and ordinances which were in effect when they came in, and the new one~ theY' promulr,a te while they are in office. He sta ted that the Cornmiss:ion acted wi th the authority they thought they had, and thought they were doing right in denying it, as it was according to the zoning law or ordinance in the Code Book. He felt that since the Commission has been shown that while their action may have been correct or right that the law itself is wrong, and he felt that the Attorney's recommendation should be followed and the pe~lit granted. He then stated that he felt that affirmative action to correct this inadequacy in our laws should be taken. Conunis:sioner Black moved that recommendation of' the City Attorney be followed and per.mit to erect a filling station at this intersection, which is Highland Avenue and Gulf to Bay Boulevard, be granted. Commissioner Blanton seconded the motion, and requested that addition be r~de to this motion to the eff'ect that this per.mit will be granted provided the present suit be dis- missed without prejudice to the City. Cot:mlissioner Black accepted this amendment, and motion was voted upon and unanirnously carried. COJ!m1ission gave consideration to item from Zoning Board relatlve to C. K. Thomas, ll06 So. Greenwood Avenue. Coraffiunication was read by City Clerk from Ulmer and Mackenzie dated October 23rd, and conmunication from the Zoning Boa~ dated October 24th in which he requests that he be given permission to erect a building for business purposes. The Zoning Board recol'!nnended that his request be granted in view of the fact that there are already businesses existing in that area of a similar nature. Coounissioner Blanton moved that Mr. Thomas' request to erect a bUilding for business purposes be granted, with stipulation that a twenty-foot set-back be maintained. Conmissioner Turner seconded this motion. Vote was talcen and motion unanimously carried. as President of the Edgewater Drive Association,) Commission gave considera ion to r~tter of Edgewater Drive zoning. Dr. H. E. Pontius, property owner on Edgewater Dr ve, stated that there are 112 home owners there, only six of' whom are R-2's, and that all the rest of the people request that this area be zoned R-1. He re~lested on behalf of these property owners that this matter be put on the referendum ballot in December so that the people may vote on it. The area to be included in this zoning change was to extend from the North boundary of Sunset Point Subdivision two hundred feet North of Sunset Point Drive, to Union Street on the North, the Railroad on the East, and Edgewater Drive on the W~st. Mayor Brown asked about property West of the Drive. Dr. Pontius felt that it should be included. Col. John Batstone, of the Zoning Board, stated that the matter had come up at sane time during the swnmer and it was his recollection that it was something which needed a referendum ballot. City Attorney stated that the last tine it was before the Board -' . ~ .._.....f\;..':.~ _ _...... _ _. .. , ~. .. Co .......,-., . :; >\ I ' :/ ' , , r .- , f , ;,:".,',;\:t:,J"" '.~'-- .',. . . ,.....:>':,';~:~..~.~... r,q;'ig , t;;";;i;;~)J? m""~" ~:..~~~..: J... .... .J.~~F;::~~~:!:~:~~~;'I\:;' . , .';,:' , ,. '.'_ ,', '. :.'. ::::'.::.~,''.rt.:. . ~:..:.;. .' - ~, .','. ; ,; ,,:~,i;'i:""~!;'o';::~;:! ;n.~,:1I,'~";F:{~;XI,.:i\;~ , , I I '~l .I ,.' . ,. .' '. - !.\ ,;/): :,'D/?(\;~'!'~~~' 'X{, '::\~:in\~;::;'::'j:Y::~.:: .~ 'ii<',!~ ", : ':::j 'I :1 :. " .'! i .,~ I .~~:..-" , .!.. -4- CITY COMMISSION MEETING November 5, 1951 he wa s present. He sta ted tha t the discus sion which took place was that the Board attempted to reach a compromise with the position that the majorit~r o~ the residenta take by leaving that area along Edr;ewater Drive R-2" and zoning as R-l the baok por- tion of that area, but that they weren't able to come to agreement with the people on that, and therefore the Board did not render any decision. They were willing to recommend the rezoning of the greater portion of it but reserve along Edgewater where there are a number of properties in non-conforminr; status. Mr. C. L. Darling said that question was asked whether Edgewater Drive could be excluded from tl~t area. He said those on F~gewater Drive - those with homes - were most insistent on being re- zoned. Commissioner Blanton said that rather than six non-conforming uses 1n that area, that thel"e are r.lany others besides, and he read list of several other residents in that area who have garage apartments or multiple dwelling units of some kind which are for rent. Dr. Pontius said he \'Ias quotinG figure given him which might not be correct" but that one apartment houno he knows of was built in violation of the Zon- inr. Ordinance. He mentj.oned that the onlY' zonil1g out there was in deed restrictions. Conmisftioner Turner pointed out to Dr. Pontius that he is using his residence as R-2: in order to continue his practice. Dr. Pontius said that he is practicing only about 25%, Dlostly amonp; his friends and neiRhbol"S, and that he is sure if they were ques- tioned about it, that they would tell him to stay right where he is. Commissioner Turner then statod that he felt there was a contradiction in Dr. Pontius' attitude about changinr, the area to R-l, and his actions in carryin~ on his practice in an R-2 zone - that if it is the wish of the majority in that area that no one use his property for business purposes that Dr. Pontius himself is not living up to what he is expect- in~ others to do. Dr. Pontius said that that was his mistake. and that he is willing to cease all practice irumediate1y if' the zoning is changed. Mr. George H. Morgan" resident of 1029 Charles street, said that he came to Clearwater, and had long planned to come here upon his retirement because of the beauty of' this area, to build a home on his lot. He sa.id that one of the most beautiful sirJ1ts to see in going through Dunedin is the drive through there. He said tlillt he did not feel that one o~ the only rema:1.ning beautiful drives in Clearwater should be taken up by motels and apartment houses. He sa id he did not Wish to see motels and apa rtments when he drives down Edgewater Drive. Mr. J. E. Satterfield, Attorney_ said he spoke for Messrs. Fiorintini and Baldesarre" purchasers of property just North of the Sunset Point Subdivision. He said he was sure that these property owners are not planning to put any apartment houses on the back of the street, am said that he felt the Commission should consider the fact that people who bour)lt properties bought them with the knowledge that they are zoned as R-Z. He said he did not feel that many people will build private homes on that highway as it is an arterial highway, and people have COftle to realize that a home on an excessively crowd.ed street is not desirable. He sa id he did not think the Com- mission should zone it for R-l on Edgewater Drive. Mr. Lewis Homer appeared, stating that residents abutting Edgewater Drive did not Vlish to have it rezoned - that most residents have businesses and bou~t the property because it was R-2. He said that he felt that no one had a right to tell him what to do with his property as the resi- dents in that area were trying to do. Mr. DaVies" owner of the Greon Beacon on Edge- water Drive, said he ap,reed with Mr. Homer that he felt there should be no change in the zoning on the Drive. Mr. Homer spoke of the fact that wllile thero are residences along the water front driving from ~medin that all those properties are located ~ar enough back from the highway to be away from the noise, which is not true on Edgewater Drive. He also stated that in addition to the motels and apartnent houses in the area which wishes to be zoned R-l that he learned some time through Chamber of Co:mmerce listings that there are twenty-two rooms also being rented out in that area. Mayor Brown st~ted that there is a provision in the Charter that each and every item is con- sidered at the same time on a referendum ballot - i~ there are several zoning items lumped into one question a ''Yes't or "No'" answor is given on all and if the person vot- ing ia not in agreement with all of them and votes against one part of it, the rest of the projects under consideration are also automatically cancelled. He stated that he considered this to be a major deficiency in the law -, tlwt each item should be con- sidered on its own nlerits and not tied in with something else. He said that it there- fore behooves each Co~issioner to be careful of what they put on the ballot as 8 whole set of projects might fail because it was tied in with something else vm.ich people did not want. He said rezoning was considered at the December election once a year as a matter of precedent. Mrs. Schrachta, resident or Charles Street near the Railroad tracks, stated that everY'body in Clearwater would want to keep the beautiful Bay open so that she and everyone else can enjoy the sunsets and the view. If it is built up like Venetian Point she said she didn't want to live there any more. Mayor Brown pointed out that she is talking about the Bay side, which is going to be turned into a Park area, so that this view will never be obstructed. Mr.. Homer said that he is not makinv. a plea to fill out in the Gulf, but that zoning be left on the other side of the street to blli1d an apartment house. lie has o~fered to give his property ~or park use if everyone else will. Commissioner Blanton said that he is heartily in favor of opposing any dredging or ~illing on the Bay side of Edp,ewater Drive" that he had made motion himself for the City to wo!i{ with the Association to prohibit anything ,o~ the sort on that side. Commissioner Lynn said that if you drive up Edgewater Drive and look at the buildings you will find that it i6 nearly all R-2. Commissioner Blanton said that the Dlatter has been turned down by two Zoning Board decisions" and that the last time they reached no decision. It was turned down by previous City Commission. He then made the motion that the matter of rezoning frrol R-2 to R-l not be placed on the re~erendum at the coming election. Commissioner Turner seconded the motion vote was taken as to1lows: COMmissioners Blanton, Turner. Lynn_ and Black voted ~~B~. Mayor Brown voted, "'Nott. Mr. Milton Kenyon said that he wondered i~ it w~uld be' possible for the officers of the Association to get together and resubmit a plan re- ~1sing their request exempting one section from the plat. Dr. Pontius said that when an exemption was made before that the Zonin~ Board turned it down. Mayor Brown re- commended that lots facing on the Drive remain R-2 and other lots with any other re- commendations be zoned R-l_ keeping in mind that the area on the water be kept as a Park and that it be pursued diligently in order to keep it such and preserve the beauti of the water front and the waterfront scenes and sunsets. If that 1s preserved he said, then that 10 better than hal~ a loa~, and it is actually the basis behind' the request that the whole area be preserved. Mayor Brown invited the group to came back if thai wish to make request other than to place this matter on the referendum ballot " I 1 j , , J 1 ,1 j J I 1 j 'I , . ~j 1 1 J~ I I I I f 'I I I I '" ~:~~~~~~~~~~3~.t1.~rr.:~~'i~m;\;; ~ ,i~~~;r~l:\;~~~,f;t~;:!.s:t?~ ,~.~~.:~~.?1~'til; ~.?;:tl,:~.t:J~iS~:7~~ii':~ ~;f{!;\~~~~l;~:;fl\};~~ 1'.~J;:;~t:;~~: ''::>~ ;,:,:~~ '3-~!,,~,:;. I, f. ,~;. {~ -; j~;:,;'(r;"\ r(~t!' ~'.:, -~;'Ii''::!;~~''~! . ." __..........4'._ ._. ... , .. ':.\., .... ..~.~, ~" .... .2ffl r!~.: '(.::- . . (,': ::,,' 1''- , I I . , : I I ":\, i i i ' L l ~ L ',' " r :'..' f l . r L,.: 1/ '. I,' , .'. .:. . " ..'~ " .' I :.J::':':~:::: "':' :-_:".1,:.., ;., ,"~D;y~,:,.:;' I . ~~"::' ~ ~~)~:':.~~....' '(:. r;'~~ ,:~:';>?' , ,.,..',.. i>':'';! f....!!.2;1;.~. . ~.." -,... ......;,' '....:.".;,....,.;:.:'.. !:~'~t;,:; , I ',: :t:f:~i;'; · f!};~~~{\' 1.:;;hNi;;~ti.L " . . ' . , ~ , , ' ,.', '" -, ~'. J" ;':""-"'~ ""::'~"^ ",':c~:. ,,;;,~:,,_:..:,,::~~'~.L::;:.L::f;::\:h:;;1;!;:('::" ,:'\ .;2 t7'5 ;':\:')::!H:( It ' I. . ....~,..,. ..... ,1J. ~ '4 ~II;,~I -5- CITY CaujISSION MEETING November 5, 1951 '\t \! ,:.1 ,} ~.y"., ;:i.i;M\. ..) I '",. ,;/ ,< ' and that any other request will be ~iven every consideration by the Commis~ion. He asked Dr. Pontius if he thought that the group would perhaps have further request to make. Dr. Pontius replied that they probably would have. Mayor Brown reminded them tha t if' they do have other requests to make tha tit was important thn t they do so BIB: Boon as possible because of' the proximity of the DeceXllber eleotiono ConnnisB10ne~ Blanton said he believed that Dr. Pontius had another matter he wished to bring up re- garding his set-up out there. Dr. Pontius said that their street is a dead end street, and that 300 feet had been black topped, but in the street improvement program it was not improved, and is in bad shape, and he wished to request that it be improved. He said the street was paved on the Clearwater side, and that it was not more than 12 feet or 14 feet wide. He said that part of the street is in Clearwater, part in Dunedin. Commissioner Blanton said that it is in very deplorable condition and should be tixed. City Manager oonourred with this, and said that as soon as taxes start coming in in another fifteen or eighteen days that this is one of the items at the top of the prog~. The City Engineer stated that it would take more than black top to fix it. Commissioner Black said he felt that Dunedin should be contacted to see if they will fix their half. City Manager stated that he has an appointment with an official from Dunedin within the next few days to go over the whole problem and see if the streets in that area oannot be put into good oondition. Mayor Brown told Dr. Pontius that there 'WOuld be a further report on this. l i 'j '~ ! d J ;j ;1 .1; Commiss ion gave c onsidera tion to offer f'rorn Paul F. Handolph, Ino.1 to purchase Lots 43, 44, 45, 46, 47, 48, and 49, Block D., of Navajo Park Subdivision. Com- missioner Black moved that request to purchase these lots at price stipulated be deniedl and letter written explaininp; reason for the denial, which is that a use 1s beln~ planned for this property at this time by the City. Commissioner Blanton seconded the motion, which was voted upon and unanir.:ousl~ carried. \'1 'if "1 ,:1 ,,;J }], j: .:l.; rr '7,~ if i" '~ , (, .~ ;; City Manap.;er reported on estimated cost of sidewalks on Seminole and Pennsylvania Avenues, as per figures submitted to him by the City Engineer, which was in the amount of $6,500.00, or $1.75 per running root. Mayor Brown felt that this sidewalk should be extended from Seminole to Palmetto Street. After discussion of this suggestion~ Can- missioner Blanton moved that the City authorize sidewalk from Jefferson Avenue to Pennsylvania Avenue on the South side of Sem~nole, and from Drew street to Palmetto on the East side of Greenwood Avenue, coat thereof to be assessed to abutting property. public hearing to be called and advertisement for bids placed in the newspaper to run simultaneously 80 that this work can be started at an early date. Conmissioner Black seconded this motion, which was voted upon, and unanimously carried. Mr. Ben Cole said that he recently tried to make arrangements for a colored person to have dental work done, and the t he learned the t there is no one in town who will do such work. He said that the Chamber of Commerce has said that they will go into this, but at the same time he relt it vias right that the Commission should appoint a Committee to see if there cannot be a clinic or something of the sort established. Mayor Brown appointed Commissioners Black and Lynn to coordinate this work with the Chamber of Commerce, as he felt it was a matter of moment to everyone and something of which people are not aware. :tl 1; }~ :i' r. Report was made for sl~ll industries by Commissioner Black regarding request of M. C. Ravel, owner of building located at 207 North Garden Avenue directly East of the Margaret Ann parking lot, that approval by the City Commission be given to permit a toy nmnufacturing plant to occupy this building. The building is located in a business zone, but due to the types of operations in this locality and the type of businesS' this would be, the committee recommended that the Atlas Tool Company be granted this request, and that zoning for this building be changed from business to manufacturing to per.mit the operation of this company. Mr. M. C. Ravel, who was present, stated that he ha~ two different companies interested in this property, and that if the toy manufacturing oompany does not decide to use this building (since they lwd previously been told that it was not zoned for manufacturing and do not yet know there is any possibility of its being rezoned) that there is another company, manufacturers of light furniture, who would like to have it. He asked that the Comraission approve rezoning ror both companies so tha t he need not bring a second request to the Commission. CO:tm1iss:ioner Turne1!' moved that the Committee's recommendation be followed and that the pennit be granted fop use either as a toy manufacturing plant or manufacturing of furniture. Co~issioner Blanton seconded the motion, which was voted upon and unanimously carried. Connniss:ioner Bla.ck reported on small industries in oonnection with the purchase or lots at Greenwood and Seminole Streets to Earl L. Coddington for erection of Cyclone Power Mower Companyo He stated that communication dated October 19th has been re- oeived from Mr. Coddington which states that due to the critical shortage of ~terials, primarily aluminum, and the restrictions which have been placed upon them by the N.P.A., it is ~possible for them to proceed with their building plans on the property whioh was contracted for at this time. They found it necessary to make the decision that the option, which they have had to purchase this property, be immediately released. Commissioner Black stated that it is the recommendation of the Committee that the de- posit placed on this property by Mr. Coddington be immediately returned and that he be released from all obligations, and that the City be released from all their obligations so that this property can be used to attract some other desirable industry to Clear- water. He then read following portion of letter written by Mr. Coddington: "I think in fairness to myself and to all of' the officials and personal or Clearwater, Florida who have been so coopera,tive and helpful to me in looating my business in your City, I must make my decision now about retaining or giving up my option on the loca- tion on Greenwood and Seminole. Although it is like takinr, a beautifUl gift from a happy child, I must deoide to give up the idea and release my claim to that property." Commissioner Blanton moved that upon signing of proper release of the City and upon the City refunding proper sum of' money to Mr. Coddington that he be released from his con- tract. Commiss'ioner Iqnn seconded this motion, which was voted upon and unanimously oarried. . .. ~ oj : .~ ',I:: "', .'_ .____wt'l:J,....__._ _ __ .:" ~ r,~ . ',' , . f.. .,' ,",.; .... f' ,". " :;';:<:' , ,',.. .,:-'. '. f ~, ' (, l' t I' (, ~ I' f' ~ ~ f ~' t: ; .' , .'.., ',. ........ .. "'.'" . ,:,;~ .,/ '.~ ~ ". ~I ':'" ..' : ,'.' ',', '. ',,' " ',' :1 :., , <~, ,(' . "I 1 1 :;1 :1 ,I ;f ',I , , I J 'i " ,I. ~. ' .' "~'. ," ,.,' ,; "j" .". .. . ~.,'.' (; ~ '" .-.., '. > ,: . ......' ,,:-/.~, ~~-"..:",:;,~'.~~'~'..,... :,:.~ '.;4:........;..... ...: _..: .". ' -6- C J!['Y CmrMISSION MEETING November 5, 1951 Commissioner Black reported for the Oocupational License Committee. He stated that it is the recommendation o~ thin committee that the ~ollowing revisions be made in the City'S occupational licensin~ set-up at this time: (1) On Page 9 in reE~ard to loan companies or agencies, licensing shall be revised on the following basis, figured on tlw amount of outstanding loans as established by the state in their most recent examination: . .' ::'.. ~':: .' . ;::'; ,~'. "~':', f?. l "'C"" i I \ ' i' !, i I : 0.00 to ~ 50.000.00 ~50.000.00 to 75.000.00 t?5.000.00 to ~OO_OOO.OO Over ~OO,OOO.OO $ 50.00 75.00 100.00 150.00 ca) On Page 12, in regard to moving picture houses, licens:J.ng shall be revised on the t"o11owing basis.. figured on sea ting capacity: 1 to 350 $ 75.00 351 to 500 100.00 501 to ?OO 150.00 701 to 1200 300.00 Over 1200 350.00 Drive-In Tllea ters 100.00 In regard to the request of the Keppie Travel. Agency in regard to license ~or travel buremlsl it is the recammendatio~ of this oommittee that the licensing for travel bureaus reInain as set up at $25.00. It is f\urther the recommendation of this coramittee that the 5 per cent penalty 'feel scheduled to go into effect November 1_ not be levied until December 1, due to the lateness of the review of the City's Occupational Licensing Ordinance by the Commission. Mr. J. E. Satterfield~ owner of the colored theater in Clearvlster, said that he did not feel tha this thea ter was in the claso which should be charged by seating capa- city in view of the fact that the percentage of colored population whioh consti- tutes his customers, is relatively much smaller than the drawing power of the other the a ters, there being only about 3',000 colored persons in Clearwater as nearly as he knew. He said that he has 396 seats, 350 of which are usable. He said he felt that the figure he has been paying of $50.00 was hip;h enoup;h and that his a,verage net income from the theater was $652.00 ~or the year. !Ie said if the Commission could see t'it to amend the Ordinance so that his license would remain at $50.00 he would appreciate it. Members of the Occupational Licensing Corrnnittee stated that it was their intention that Mr. Satterfield's theater should fall into the first, or lowest bracket, and that the reason it did not was because they had been mistaken in the number of seats in his theater. After discllssion, it was decided that the amendment regarding theaters should read as follows: . 1, / ,'. (3) ..... .f;~fk ' , : '/' .' 'J. ;..'., . . ':.: ,.': ::';"./;>1.,. ,,~,', I , 1/,:"" ,~~II;. . o to 400 $ 75.00 401 to 500 100.00 501 to 700 150.00 701 to 1200 300.00 Over 1200 350.00 Drive-in Theaters 250.00 Above licenses~ it 'Was agreed, should include all concessions. Coom1ssioner Blanton moved that the Committee 'a recolnmendations be followed, and that the City Attorney be instructed to prepare proper amendment to License Or- dinance No. 609, and t}~t City Manager be instructed to correct the l.icense list accordingly. Commissioner Lynn seconded the rnotionl which was voted upon and unanimously carried. Mayor Brown sug~ested that matter of changing licenses for filling stations be taken under advisement and that passage of f'ormal motion should be delayed until fUrther consideration can be given the matter. Consideration was given to letter from Mr. Roger O. Bouchard of October 19th regarding liability insurance for the City of Clearwater. City Manager said that the Roger o. Bouchard Agency has gone into an intensive survey of the whole City, and t~t they request tnat special meeting be called for Thursday evening to go into the report of this survey. After discussion, it was decided that meeting should be held Thursday evening to discuss this and other matters. City Clerk read following preliminary report from the Committee on Ordinancea~ Chainman Commissioner Blanton, as ~ollows: "'YOUI' Committee on revision of' ordinances of' the City o~ Clearwa ter submits the t"ollowing preliminary report of recommendations ~or amendments to be made to the ~onin~ ordinance o~ the City: R~. That the City Engineer be immediately instructed to prepare a new official ~on1ng map of the City o~ Clearwater to be known as "Zoning Map of the City ot' Clearwater, Florida, o~ 1951"; that the City Engineer in preparing said map shal.l collaborate with the undersigned cOInID.1ttee on the matter of changes to be made in zooe c~assif1cations. >>2. That Section 3 of the zoning ordinance be amended so that the same will refer to andlncorpo~te into the ordinance the City of Clear- water Zoning Map of l.951. ft3. That Section l~ of the zoning ordinance be amended: Cont'd -- ~_., ,'* '.".....---. ~. ", . , 1 I .. I ,1 ~ ::~\",./ ': . ~'. ..... " .,"; " , ' , ":, ,I ". ,':. , , , ' j 1 ,,' , ' , " \ '. ;', ' , , - . , :', ~... .,.:. :. ~ _ .J.: ,.. ,', i ""., ~ 1. ~~,. :'-'~,""'~~ .~.~. ~.:,..".~.'..".~.-~S,(,~:.;;..;,;..;;" ;;,....., -"7- CITY COMlilISSION MEETING November 5_ 1951 '.(a) 8'0 as to refer to the zoning map ot 1951 instead of the zoning map ot 1939; It(b) That paragraph 3 of said section be amended so as to increase the size of lots which may be used for building purposes in R-l zone fro~ an area ot 500 square feet to 2~500 square feet and further in- crease the miniraum ground floor area of buildings which may be erected in R-l from 300 square teet to "750 square feet inclusive of porches and breezeways. It4. That Section 5 of the zoning ordinance be amended: It (a) Parking facilities, accessory buildings and uses necessary to or custonarily incidental to any of the above uses when looated on the Ba~e lot or plat or other lot or plat within the same zone owned or controlled by the owner or operator of the principle use, including private and storage garage, provided said garsp,e shall be located not nearer than 40 feet from front street line and less than 20 feet from side street line nor nearer than 3 feet from any and all lot lines and to permit non commercial (not operated as a business within it- self for prOfit) public parking lots or spaces on vacant lots or portion thereof located in R-a zones. 1t5. Z'one liB" Business the f'ollowing described area: ., ",.' r:i'k.~~,1:~ : . ' . .:;D"'\."" ;~I;~ t"~,:1'!'~{\, ',' "\:':!.'S:~~' ::. 'r ; : '. ' l"~' ~ . Ii: I ' , " ' \ . t, j: ! ' i' ,,' I ~ .' ; I:(;~~" .,';~{\~]~'; ";'-"~"" '~:'I\~~\:i ~~{~:;, '!."i,;':"IW\' I~t' '1''' For point of beginning start at a point where the South line of Court street Extension Right-of-Way intersects the East line of Greenwood Avenue and run in a Southerly direction alonr, the East boun- dary line of Greenwood Avenue 150 feet to a point thence Easterly parallel to and 150 feet South of the South boundary line of Court Street Extension Right-of-Way to the West boundary line of Missouri Avenue thence Northerly along the West line of Missouri Avenue to a point where it intersects the South boundary line of Brown (Brownell) Street thence Westerly along the South Boundary line of Brown (Brownell) Street to its intersection with the East boundary line of Greenwood Avenue thence Southerly along the East boundary line of Green- wood Avenue to point of beginning less that area within the Right-of-Way of Court street extension. 1116. Change from "B" Bus iness to R-2 all the t area between Clearwater Street and the South boundary of the present R-2 Zone as it extends from Clearv/ater Bay Westerly along the North line of Block 76 and along the North line of Lots 1 to "7 inclusive of Block 83, lying and being between Clearwater Bay and the alley running North and South fran Clearwater Street to Somerset street, immediately West of the lots facing East on Poinsettia Avenue. ~It is pointed out that this Committee's work on the ~oning ordinance is not com- plete in that it is contemplated that as a result of their work in collaboration with the City Engineer they will have several recornmendations to make relating to the zoning of areas of the City which now appear as unzoned areas on the zoning map of 1939. "Respectfully submitted this 5th day of November, A.D., 1951. III/sf Herbert M. Blanton ItI/S/ Joe Turner It/S/ Thomas II. Black, Jr." Mr. John G. Llewellyn said that all property owners along Mandalay Boulevard with the exception of two pieces of property are affected by Paragraph 4 of this report. Commissioner Blanton said he had intended to cover this situation but probably ruled it out by saying, "in the same section". He said they probably should have said, "Tn a business zone," and should have been in the same category as a man who had a business in a business zone and was per.mitted to use a parkway. Mayor Brown said that the word, u:Contiguous" should ha ve been inserted. Conrnissioner Blanton said that this term should be broadened to take care of adjacent property in ~ buainesa zone. Commissioner Blanton asked if the wording was changed to read, "So that there is room enough to park oars in an R-2 zone." Mr. Llewellyn said that that would be fine. Commissioner Blanton said that the report could be so amended. Mr. Llewellyn said that he felt that nearly everyone in an R-2 aone would agree with him. Commissioner Blanton suggested that the Committee re-word one paragraph slightly to take care of the situation as outlined by Mr. Llewellyn regarding park- ing - in other words, where it adjoins a business zone, that the owner operator ot a business who owns an R-2 zone oan usa a lot for parking. Commissioner Blanton 8&i'-a&&...ke-..pep.-w..-.ee.,_e.-B~.e8~eeft.. sa1d that this would be reported on at the next meeting. Mayor Brown said that the report was aocepted by consent. ""'. ~r.'-- -"'" f'i: ;;. . ~ ..! .~ :". . "':0: ;.". {.. "::.:.:'(:~'<:'.:fL 1;:.~''''...~fJ~..~,~ (~1~.;', . ~.;. ~...~.~1j:"~.~'.,.:::~~'~'i~,:~~~'t1~~~{"!~~~.~;;." -8- CITY OOMMISSION ~lEETmG November 5, 1951 Report was made by Street Naming Committee - Commissioners Blanton and Turner, ohanging names of streets which are alike or similar in Clean/ater. Commissioner Black moved that the report in regard to street names be aocepted, and that the City Attorney be instructed to prepare the proper resolution necessary to complete this project, and bring it back to the next meeting. Commissioner ~nn seconded this motion, which was voted upon and unanimously carried. Oonnnissioner Bla nton read several items which he felt the t the Cor.nnission should attempt to complete in the near future, as follows: Pedestrian traffic regulations. Coachr.1an Park. Painting sand wall on City Property on Clearwater Beaoh. Seminole Sidewa llc. Widening of Turner street paving. Drawings for the Gulf ~ier. Everingham Pavilion. Re-routing of U. S. 19. Oil Company's Gasoline Prices. Cutting off point of property on Pierce street South ot City Auditorium and rebuilding of traffic island on Pierce Street. Traffic light on N. Ft. Harrison. Mayor Brown suggested that pedestrian traffic regulations be taken up in the Traffic Committee and in connection with the Chamber of Connnerce. Commissioner Blan- ton said he felt that the Commission should handle it in the best interests of the people of the City. Commissioner Blanton commented that the matter of the Seminole sidewalk has al- ready been taken up tonight, and Mayor Brown advised him that Everingham Pavilion has already partially been removed. It was decided that cost figures regarding traffic light on N. Ft. Harrison Should be presented Thursday night by City Engineer. ", '.~~r "",../'," v'"", t.:,:;,'::j;':;;N~t;:8?, I ,l, :',":',./?~,)::/i f. . Meeting was adjourned by Mayor Brown at 12:15 AM. z~~ Attest: ,,. '" J ~ , '-"",.J' '\ ";\;'.'..l <.J -'~~'.;;;-' \:d:....) " ; , , 1 " ; , t ,; , , " I J 11. 12,. 13. 14. 15. 16. 17. 18. 19. " ' . .. .:~.' .~:,..' , " ",.;, ,;';f't;/r,~~< -I":+"\~i"tt.~'9~;T'~~y[~r~~ ;;';; "~, ~;;;~.,;,.:,~:~\;;:.;:~~;;:.,;;;.:::,:;';;.;",...o"..;:::.:.,,; ;..l~,_,.;;.;:"'~;:;;t:-i.,u:''::':~.ii!;.~,'i,:.:;:~\.~,.\~~~:d~i~~~~4~~i~(1!?€i~~"!.';',' OITY OOMMISSION MEETING November 5, 1951 Novemb~r ~, 1951 Mayor-Oommissioner Herbert M. Brown, Oommissioners: Herbert Blanton, Sr. Thomas H. Black Garland Lynn Joe Turner Gentlemen: The Oity Commiss'ion Vlil1 meet in regular session Monday evening - November 5, 1951 at 7:30 P.M. in the City lfull Auditorium to consider the items on the attached agenda. Yours very truly, F. C. Middleton, City Manager FCM:gg ------------------------~-----~---------------------------------------- AGENDA. 1. 2'. 3. Approving minutes of regular meeting of October 15 and speoia1 meeting of October 18th. Opening of bids for Construction of Curb and Sidewalk at Clearwater Narina. Tabulation of bids for: A. 2500' of 8't Class 150 - Asbestos Cement Pipe to oonnect standpipe to existing mains. Commission's consideration of Public Utility Improvements. Commission's consideration of renewal of permit for William Meyer to operate the Sea Fever out of City Dock. Commission's consideration of plat for st. Cece1ia School. Mayor's Request: A. For Smoke control at Gas Plant. B. Sidewalk on East side of Myrtle Avenue to Cleveland Street - South to Turner Street. O. Public Hearing- request E.E. Stone. Consideration of offer from Paul F. Randolph, Inc. to purchase Lots 43, 44, 45, 46, 47, 48 and 49 - Block D - of Navajo Park Subdivision. Commission's consideI'8tion of items from Zoning Board: A. C. K. Thomas B. Edgewater Drive Zoning Committee Reports: A. Sidewalks on Seminole and Pennsylvania Avenue. B. Street Names. C. Occupa tional Licenses. D. Recommendation for change in Zoning Ordinance. E. Small Business. Commission's consideration of request from Fla. Council for the Blind. Commission's consideration of request from Mr. Ben Cole. Commission's consideration of appropriation for Youth Maritime Center. Request for extra appropriation for pavement and storm sewers in Coronado Drive. 01earwater Veterans' County Service Office Report for the month of September - 1951. Consideration of letter frolJ1 Mr. Roger o. Bouchard of October 19th. Commission's consideration to purchase Lot 8 - Block G - Fair.mont Subdivision. Consideration of resolution to be presented by Fla. League of Municipalities at it~ regular annual meeting Dec. 3, 1951 in Orlando. Items not on the Agenda will be considered by consent of the Commission. 4. 5. 6. 7. 8. 9. 10. Adjournment. Commission serving as Trustees of Pension Fund on application for membership in Pension Pla 11 . ---------------------------------------------------------------.--------- Paul F. Randolph, Inc. October 31, 1951 City of Clearwater 01earwater, Florid~ Attn: Mr. H. G. Wingo Dear Mr. Wingo: We have a customer who haa requested that we submit an offer of $2-,625.00 on Lots 43:, 44, 45, 46, 47, 48 and 49, Block D of Navajo Park Subdivision. Title Insuranoe to be furnished and the regular broker's commission. If this price should not be agreeable to the Commission, I would be very glad to submit any counter proposal which they might render to us. PPR:mq ", :. " .". '.,' " Very truly yours, PAUL F. RANDOLPH~ INC. /s/ Paul F. RandOlph -'~~;. ,oi. , , ~- I:" ",',-" : " :;', -~~.:':: :>:.\ t ...._.,: I ~'~~.~::1/ I " '.. , ~ . . =. "~':;~'. ,:, :'~~~:~'~:;: l"A't~!~; City of Clearwater Inter-Office Communication To: F. C. Middleton, City Manager From: O. H. Anderson~ Sec'y. Zoning Board Ootober 24# 1951 11~ ,;',; :\' :'< ;~'/:~ ; '-..; :: .;'. ;. , ' :)J."~ '::~':l:.r:):.~~: :':2')\ '; I " .' "i ',:': ,":. :':':~" "~~O: I '.' :~w.:i'~. ," , ",; : '.,. "'\:;'''v' ~;1 "" '~ \:\ ~ -1 i 1 >0" .. ~ .:... '" .' ~, ..'. .. .... ~'-'-- . .: .'..~' ':~.:~""^"" ,..;. ':')~f:L;:~'~::~~\~/~.~,;'7';p::~~1'~?{;,~!'. ... ~c'~~...c,;~~. _~;: ....:._. ~:;, ,~:.:.;;~.~~"~ _.:~C~. ,~;~~~i~~,~~~~~~~i~Qi~~~0~~i~;~~t;lli&:'(;/~/:", ,.' tJ'tl CITY COMMISS'ION MEETING November 5, 195~ ';:, Subject: REQUEST OP C. K. THOMAS At the regular meeting of the Zoning Board held on Tuesday evening, Ootober 23rd, 1951, a motion wa s made and carried tha t the request of C. K. Thomas to ereot a building for Business purposes in the So. 50 ft. of the north 150 ft. of the W-150 ft. of Lot 6 of R. K. Padgett's Sub. (~ SEt of the NW* 8eo. 15-29-15 Plat Book 5 Page 27 (unzoned property) , ' '." .. " :. i' I I . . . ..... be granted. In nmking the recommendation the Board feels that Mr. Thomas' request is in order due to. the fact that there is already business existing in this area such as the Gulf Machine Company and the McClanard Plumbing Company. Attached hel'~nyith is a copy of Mr. Thomas' request prepared by Roy E. Ulmer of Ulmer &: MacKenzie, Attorneys at law. ~ ',. '. October 23rd, 1951 . . , "" ~.. ".., ,. ',' \}r!t~~i!it . "'Il~: '.".1.\ ,", . UlMER &: MACKENZIE City of Clearwater Zoning Board Clearwater, Florida Gentlemen: Re: The S. 50 ft. of the N. 150 ft. of the W. 150 ft. of Lot 6 of R. H. Padgetts Sub. of SEt of NWi Sec. 15# 29, 15 - Plat Book 5, page 27. C. K. Thamas of 1106 S. Greenwood Ave. this City has entered into a sales agreement with EdMund S. Whitson of this City to purchase the above property, subject to the ob- taining of approval to use such property for business purposes as set forth below. Suoh lot above described is that lot situate at the Northeast corner of the intersection of Gould and S. Greenwood. This property is presently unzoned and as we read the ~oning ordinance, in unzoned sections only those uses pennitted in an R-l, an R-a and any other lawful use approved by your board may be utilized. Mr. Thomas therefore respeotfully requests that you authorize him, by appropriate action, to use the above desoribed property as business property for the Welding and 1~chine shop bus~ness which he is now operating just down the street from such location. We respectfully point out that Gulf Machinery Co. at 205 S. Greenwood aJnd McClanard Plumbing Company and our Client are engaged in businesses at the present time in close proximity to the above loca tion and we respectfully request that affirmative action be taken upon this request at your earliest convenience. Sincerely yours, REU:hs UIlwmR &: MACKENZIE BY: /s/ Ray E. Ulmer -------------------------------------------------------------------------~-------------- Clearwater, Fla. Oct. 22, 195J1. Wem the l.lndersigns will not object to Harriett M. &. E. E. stone making their home into tw~ apartments - at 121 W. Turner st. Re: m.E.Stone (Signed by 16 person~) --------------------------------------------------- .',' . "'P', .... i'f: C~Y COMMISSION MEETING November 5, 1951 ~'1. ,~! { .~~~ :'5' (~~~lll" ' "', , I,.,.":"..h'u.,\.~ ~~t ~h(.~; RESOLUTION WHEREAS the property hereinafter desoribed is presently ~oned 8S R-l under the Zoning Ordinanoe of the City of Clearwater, and WHEREAS the present owner, E. E. stone, has appealed to the City Commission of the City of Clearwater, Florida, sitting as a Board of Adjustment and Appeal under the provisions of said ~oning Ordinanoe, requesting said Board to allow said property to be used for the purposes of a two-f'amlly dwelling undel' the terms and conditions as is provided in the Zoning Ordinanoe for R-2 zones and Wl~S the Zoning Board of the City of Clearwater has heretof'oro reoommended that the applioation of E. E. Stone for exception be granted and the City Com- mission has given full consideration to all nmttera and faots bearing upon the applica tion and WHEREAS the City Commission sitting as a Boa I'd of Adjustment and Appeal have duly and lep,ally given notice of and held a public hearing on this matter as is provided by law and throUE71 its investigation haa informed itself of all the facts, and finds that said application should be granted; NOW THEREFORE BE IT RESOLVED by the City Oommission of the City of Clearwater, Florida, in its oapacity as a Board of Adjustr.'len t and Appeals as follows: 1. That the recommendations of the ~oning Board on this matter be and the same is hereby approved; 2. That the z.oning exception requested in the app11ca.:tlon of E. E. Stone and applying to the North 99 feet of Lots 1 and 2 in Blook 12 of A. C. Turner's Subdivision NO.3, according to map or plat thereof recorded in Plat Book 1, Page 53 of the Imbl1c records of Hills- borough County, Florida, of which P'inellas County was formerly a part, so as to permit the ereotion of or oonversion of the pre- sently existing premises to a two-family dwelling unit, is hereby granted. ADOPTION OF THE FOREGOING Resolution was moved by COD1missioner Lynn, seconded by Commissioner Blanton, and upon vote being taken same was unanimously passed this 5th day of November~ A.D., 1951. Herbert M. Brown Me. yor-CoIitl1issioner ATTEST: H. G. Win~o 'bity Auditor and Clerlc ;"i . ". ".",,'. ".,C, . .. . <' ~, .... ';-l" r I i ! ':~>';":\;/~~t:~;'~i>' ~ V'~'i.'\"'''" ,". . fi~i;~~: ' . C:I.�,'X CGMI�2IS�TUN MELTI1dG November 5, 1951 The City Corrmis�sio�a o£ the C3ty of Cloarbrater met in re�ular $ession at City fIa11 Monday, Plovember 5, 1951, at 7:30 PM, v�ith the follov�ing membera present: iierbert M. Brown Herbert Iti. Blanton Thomas. H. Black, Jr. Joe Turr_er Garland D. Lynn Absente P1one Also Preeent V�eret F. C. Middleton C. E. Ware S. Lickton George T. McClaimna Meeting was called to order by the Mayor. �Mayor-Cormniss�onsr -Commissioner -Corrunissioner -Corranis s�ioner -C onnni �sione.r -City Mana�er -City pttorneg -City Lngineer -ChieP of Police Cormnissioner Lynn moved that minutes of regular raeeting of October 15th and special meei:ing of October T8th be approved in accordaizee with copies thereof fur- nished e&ch rriember in wr:Lting, and that theix reading be dispensed �vith. Com- miss3oner Turner aeconded the motion, which ��as voted upon and unanimousl� carried. Bids were opened by City n7anager for construction of curb and sidev�alk at Clearwater b�Iarina as follows: R. M. Thompson Co�pany Clearv�ater, Florida E. H. Holcomb Conipany Clear�vater, Florida; 5S0 Iin. ft. concrete curb 7,66� sq, ft. sidevralk 550 lin. ft. canarete curb 7,864 sq, ft, aidewalk �696e00 �?3, 325.00 ��,021,00 682;. 00 2., 912. 32. ��,594032 John �. Benton Constr, Co. 550 lin. ft, concrete curb 74�.50 St. Petersburg,Florid� 7,664 sq. gt, gidewal� 3.,832.00 �p4s5'74.50 Bid receivecl from V�4. Ao Arrr�ston Constx•uction Company, I)unedin, Florida;, was receivect after time specified in advertisement and therefore could not be conaidersd. Com- misgioner 131ack moved that bids be referred to the City Trianagsr and Citg Engineer fo� tsbulation and report back with their recor�meudations at tha next neeting. �om- missioner Turner seconded the motien, which was voted upon and unanimously carried. Ci�ty 14anager presented tabulation of bids £or 25C0+ oP Class 150 of Asbesto� Cement pipe to connect standpipe to existin_g mainse City 2;Ianager er.plained that this was. included in the originsl allotraent for builcting the hlarinae He expT�ined tha•t this pipe costs less than cast iron pipe, which is about �2',86 - the asbestos• cement pipe runs about a: dollar less. The City 2�ianager stated that he and the City Engineer repommend that the lov+ bid oP the Johns h7anville Company ior �4,650.00 be accep�Eec�. Commissioner Black moved that City Rianagerrs recoimnendation be foZlowed and that we _ purcl2ase from Johns fttanville Company 25QQ feet of asbestos cez.ent pipe, Class TSQ, at a cost of �4,65U.00. Cormnissianer Turner seconded the motion, wh3ch was voted upon and unanimously carried. �9� Consideration wa,s given to renewal of permit sor Pdillia� 2�ieyer to o�erate the Sea F�ver out of the City Doclf. b7re Meye�, who appeared in his ov�n behalf, requested that his permit be renewed as it v�as: if poasible. Gity Attorney stated that the lease has no hang-over features, such as rights of renetival, ete. He stated that it is caZled a permit, but that he saw; no substantial difference in the terma of 3t a•nd the terms of a lease. Cormiissioner Lyi,n said that s3nce v�e have a new Marina. costing �325,000.00 many have expressed the ieeling to him that a.11 boats should be put to- gether so that s1T can have an equal chr�nce at business. Ee said he believed that in £airriess to the rest of them, that no new pern-ait shouTd ba issued to hin, an8 that all should be under the sarie set up under the same provisionse Captain T�qeyer said that there is �o suitable berth for large vesseis at the Diarina - that there is no place for him to dock over these. He said that he has built up a following �nd clientele at the C-s_ty Docl�, and that a11 the hotel men have asked h3xn to �tay there, as guests coming b� plane or train do not have cars in r�.ich to get over to the Beach and they senc such �uests to him. He said that is why the Coannittee gave him tY�e per- mit in the first plece. Commis�sioner Turner moved that since there are so niany different anglea to •the situation that he felt no decision should be nade st this time � that it should be referred to a Lease Corrunit�de for further study and recor.�men- dation. Consiissioner Lynn seconded the motion. Vo�s was taken and motion unanimousi� carried. Mayor Brorvn requested that sinoe the season is coming on, that i;he mstter l�s disposed of immediately - tha latter part of this tiveek or at the earlg part of next weeit, Mr, Nleyer stated that he had already spent a great deal of money for advertising for thi� season - that he has already had to make several 3ecis9.ons and has gone ahead on quite a bit of ito He asked that the Coimnissi.on carefully wsi�h their decis3on on the matter. blayor Brawn said that he would lfke to say, and publicly, that the people in Glearwater are grateful to Capt. nieyer for the way h6 handled the rescue of the boat recently - that he had heard h3n� on the radio and had heard mary people say that they were i.ndeed gratetli3 to him. Coxr�nissioner Black stated tnat question had been rrz3sed about the park area. He stated that a1: an early meetin�; with that cormiittee the3r work will probably tie in with this lease matter as they have put off n�aY.ing tang3ole plans for the park area for a gooci mc�ny months. He stated that the two ca n be tied togsther. Commissione� _2_ CITX COAAiIaSION MEETTNG Novembex 5, 1951 Blanton suggested that a cormnittee get busy en this 3nmiediately so that it can be bx�ought back to the Gonnniasion this week. He atated that he had many items which have been dra(�;,ging a1on�; for months �vhich he Yropes to get an the abenda soon. He said he ho�ed this matter vriil be placed on the agenda imr�ediataly as he i'elt it im- portant to get such thingg caught up. Considera�ion was �iven to plat for St. Cecelia School at Ches�nut and Hi�.1l- crest Drive. �ity Engineer stated that the plat laas been checked and is a,11 righte Commissioner B1Anton moved, a#'ter discussion, that coneideration of this matter bo deferred until the City n�anager end Citg Engineer can confer with the principalg in- volved, and arrive at a solution of the drainage problem 3n connection voith this plat and report ba.ck and m�ake final disposition of it at tliat time, Cormnis�ioner Lynn seconded the motion, which �ra•s voted upon and unanimouslsr carried. City Attorneg reconmiended that Ordinance Counnittee give its= aarly consideration to the draft of ordinance to confo�n to a special act of the T,e�islature controlling just such situation as this - drainat;e and public imprQvements to be put in in connection with these subdivisiona. He staited that the City Engineer had collected material relative to it, to be presented to the nianager, but that it must be put in the £orm of a�n ordinance. The City Lfana�er approved this idea, as it would g3ve the Coimnission some- thing to go by. Commiss�ioner Blanton stated that the Cormiittea would get together with the City Attorne,y for preparation of such an ordinance and report �aclt at an early meetingo This was passed b�* consento Matter of smoke control at the gas plant vJa�s brought �o the attention of the Cammission by riayor Brown, who stated that it wa� believed a year or two ago t2��.t the situation see�ed to be ended at the gas plant by stopping the use of the incinerator and using a sanitary fill. He said that did awa� with tkie smoke in the arsa, but that since then there has been an increase in the gas consumption, and longer hours of operation are invol�*ed. Ae said that the smoke which comes off fran out there has an acrid odor which burns and.lenetrates oneis lungs and enters houses. He stated that it is time aetivitv was rer,ewed concerning it. He stated that; the City nianage� says there is a ne�v process:for arrEsting the smoke which l�e felt could be put ir,to operation at tiot to� great an expense, and that he felt it inlportant that this be done in vierv of the amount of good it a�i.�.I do. The City hlana�er sazd that a few years a�o the !�merican Blower Corporation turned the plant dotvn due to•the location of the ga� machine v�hich it had to pick up the smoke. A smoke arrestor has been discovered by another company in New 1�rk which is supposed LQ be very effective. Cit�r Nlan�ager stated that he has corresponded with the company v�hich has di�covered it, but as• ye� has had no repl;� from ther.s regarding it. `'�� CTTY COhIMISSTON A1E�TIPTG Novembor 5, 1951 herein, rnay be used for any uae permitted 3n either `tF�-1�" res.idencs district, "R..2'i rault3ple dwelling dietrict, or for any o�her use not specificslly p-rohibtted by FscleraZ or state lsws or by orr3inances o,f the city except the Pollowing, to-wit: n3ayor Brotivn then apoke of ix�stalling sidewalk on the Ea�t side of NIyrtle Avenue to Cleveland Street - South to 4ia.rner Street. Connn3ss�.ioner Black moved thQt the City Engineer be instructed to prepare proper estimates fo.r constructian of side�valk on 2+iyrtle Avenue from Gleveland S'outh i� Turner Street, s�nd if posaible that this report be given to tha Cornmis�ion at its next regular meeting. Corr�nis�ioner Blanton suggeated that it be extended to Druid Road as a great deal of foot traffie is involved up to Druid Road. Ma�or Brovrn suggested that it be asked for 3n trvo projeet.s - one to Turner Street and. one to Jeifords Streets so that the advantages of two sidewalks car� be vreighed at this time. Commissioner Black then amended hie motion to state that City Engineer be instruct�cl to prepare proper eatimates for construction of sidewalk £rom Cleveland to Turner Streets, and another estimate for sideUralk from Turner to Jeffords� S'treets. Comnissioner Turner seconded this mo.tion, vehich v�a� voted upon and unanimously passed. Mr. C. I,. Darling, President of Clearwater Federation of Cinic Clubs, gaid that he was glad the matter had Ueen discussed by the Coimniss�ion, as he had been in- structed by his group to bring this matter to the attention of the Comrniss�.on. Public hearing v�ae heTd regarding changing the zoning of E. E. Stone property on E. Turner �treet. CitS Attorney stated that this request had been made in the form of an application frora h7r. E. �. Stone for exGeption to zoning regulations in an R-T. zone - that he wished to convert his house i:nto a two family apartment dwelling. He stated that �+Ir. Stone affir�s that aurroundin� property has already been converted to apartments. This application was niade to the Zoning Board, and at their nieetin� of October 2, I951, motion was made that this request be granted, that �lthough ths arem is z oned R-1 most of the surrounding property is R-2: multiple dwel7.ings;. Gity Attorney read Legal Notice published in the Clearvtater Sun in this connection, and affida'v�it whicr� was appende3 to �his notica. He �lso read corn�•nunication signed by 16 property ativners in this area stating that they had no object3.ons to his making his pr�perty into apartment houses. h'Iay or Brovrn explained that this application did not involve chang- ing the zoning9 but that it i�iJoTveg giving permission to erect an apartment house under the hardship ruling af the Zoning Act, Commissipner Lynn moved adopt3on oP Resolution granting tha exception raquestecl, executed by the proper offic�als. Coni- missioner Blanton seconded tha motion, which was voted upon and unanimously carxied. City 4ttorney brought up the ruatter of TPxas Company which vrishecl to establ3.sh a filling station at the intersection of Hi�;hland Avenne and Gulf to Bay Boulevard. He stated that when the matter was presentod to the Connni�szon some ttme ago that they i�ad been of the opinion that permission should not be graizted on the basis oi' Citg Ordinance prohibii:ing any business which niight con�titute �ire or saYety hazard, and �hat at that time -they were willing to have the matter go to Court if necossary to see ii ih�re v�as a possibility of the Supreme Court changing its mind from the stand it has taken in similar recent cases. He stated that suit has norv been f31ed against tiie City by the property owner, Nona B. Sharp, who wishes to sell her property to the Te�s Company for filling station use, and that he has done research work on the matter� and finds that according to every authority he has consulted the City is not in position to dofend this lawsuit. He said that the Supreme Court ha� held as diroctly as they have ever held anything that t1�.is ane section or provision v�rhicl� the City has� in it� Zoning law is unconstitutionalo He then read portion of this• section -�'ection 17 "B1Qt Business Distr•ict - as £ollowsz 16Tn the '�B'� Business Dietrict all premises and bu3ldings except as otherwiae providod ��(1) All types of occup�ncies Yrom whirh are emitted smokes, £umes; gases, or ndors detr3iraental to the comfort, enjoymer_t and health of aurround- ing persons or occupants. �k�k�k-k�k%k*��M:k� ** *>Y•-k�F*a-+��k�K�k�f:%�%kk�cx.k%K�k%kyk�=k%k *�kx�*�k�:-KNx*�k��**�=k�%k*-k�Y•�k** �F*�k=k ��(7) Gasoline filling or service stations, except where special permit i�!a been aecured from the city cor:miission, Such s�ecial perrait rnay be re- �uaed whenever, in the opinion of the city commission, th� proposed �asoline �illin�, or service station would unduly increase f3re hazard or traffic congestion, or endan�er the saiety or general v�eTfare of the city,rk Citf Attorney stated tha� the Cor.vnission had come to the conclusion that this fill- in� station would create these additional hazards, but that the Supreme Court ha � held that a municipality has full authority to zone a�ainst £illin� stations, but rnust zone a�ainst them by areas only - that it cannot leave such zoning in the hands of individuals or groups oi indiv3.duAls to withhold or grant filling station permit�. An ordinance can be passed prohibiting £illing otationa in V9YlO�P. areas and have exist- ing ones close up within f3ue year�, but it must be in the lavr itself. He said that this is even in line with other State laws, He then read quotation fron Court recorrls in the case of the City of Clearwater refusing to grant a permit £or the erection of a fillin� stati�n at the northvrest corner of Gleveland Street and Osceola in 1940, as� follows: �„If an ordinance is restricts the right of dominiondwhich the�individual�mightnothererisepexerciseawithout questian, not according to any gsneral or uniform ru1e, but so as to make the usual enjoyment of his own depend upon the arbitrary will of the governin� authorities of the torvn or ci�y, it is unconstitutional and void because it s"ails to furnish a; unif�rm rule of actions and leaves the right of �roperty aubject to the despotic v�ill o£ alder- men who may exercise it so as to give exclusive profits or privileges to particular pers ons . �� He said that follozving this is a lon� Tine of decisions in practically every 3uriadic- tion in the United Stateso iie stated that he had nothing to stand on, and ti�at ii' he went to Court he tivould be unable to defend the City. He stated that he reco�anended that th2 City Cornmission not spend the City�s money on a case which is a foregone fai�ure to start with, and go ahead and grant the permit. Coinmis�ioner Turner said he still considers it a dangerous area out tkzere, but does feel that the City Attorney�s judgment is better than his, since he has quoted the decision of the Subreme Court, and that if the City went to the Stat� Suprene Coart regardless oi' what the Circuit Court would do, it �vould undoubtedly be reversed. Co�mi�sioner Blanton �greed witih what Commissione�r Turner said, and recommended that a new ordinance be incorporated in the new zoning law in rep;ard to new areas whicn are hampering us here. Counnissionar Black asked if his trnderstanding �rJaa correct �hat no per�it can be withheld unless: oer- ta3n areas are restricted, and City Attorney advised him that this was correct. Y�layor Brown said that when the Gormnission takes office it is charged with the carrying out of the laws and ordinances �vhich wore in eFfect when they came in, and the ne�v one g they promul�;ate while they are in office, He stated that the Ca�mission acted with the authority they thou�ht they had, and thought tlzey wer� doing right in denyin� it, a� it was according to the zoning law or �rdinance in the C�e Book, He felt th�t since the Cormnission has been sholvn that while their action r,iay have been correct or rzght that the law itself i� wrong, and he £elt that the Attorney�s recor�nendation should be followed and the per�3t granted. He then stated that he _felt that a�firmative action to correct this inadequaey in our laws should be taken. Coirnnis�sioner Black moved that recommendation of th� City �,tt�rney be �`ollowed and permit to erect a filling station at this intersection, which is Highland Avenue and Gu1f to Bay Boulevard, be granted. Coimnissioner Blanton seconded the motion, and requested that addition be made to this motion t� the e�'fect that this permit will be� granted provided tho present suit be dis- missed v✓ithout prejudice to the City. Cor�nissioner Black accepted this amendment, and motion v�as voted upon and ur_animously carried. � �� Comnisgion gave considerai;ion to item from Zoning Board relative to C. K. Thomas, 1106' S�o. Greernvood Avenue. Cormnunication r�as read by City Clerk fror� Ulmer and A4ackenzie dated October 23'rd, and cor.ununication zrora the Zoning Board dated October 24tn in which he requests that he be given permission to eroct a building i'or business purposes. The Zonin� Board raconnne7ded th.a� his reqi�est be granted in view o� the fact that there are already businesses existing in that area o.i a similar nature. Conuniasioner Blanton �rioved that bir. Th�mas� request to erect a building for business purposes be �ranted, with stipulation that a twenty�foot set-back be rnaintained. Qonanissioner Turner seconded this r,�otion. Vote was talcen and motion unanimously carrisd. (�pgarin�as President of the Edgswater Driva Association,) Coirnnission ga�ve conaidera�tion to �tter of EdgewAter �rive zoning. Dr. H. E. Pontiu�, property owner on Ed�ewator Drive;�i�yy stated that there are 112 horse otimars there, only six of tivhom are R-2'�s, and that a11 the rest of the people request that this area be zoned R-1. Ae reqiiested on behali' o£ these property �v�ners that this matter be put on the rei'erendu� ball�t in Deceriber so that the people may vote on it, The area to be included in this zonin� change was to extand fron the North boundary oP 8unset Point Subdivision tti�o hundred feet North of Sunset Point Drive, to Union Street on the North, the Railroad on the East, and Edgewater Drive on the Vleat, h�ayor Brown a�ked about propert,y VJest of the Drive, Dr. Pontius felt that it should be included. Cola Joi7n Batstone, of tlle Zoning Board, stated that the matter had come up at �ame time during the summar and it was his recollection that it was soraething which needed a referendum ballot. City kttorney stated that the last tir.;e it vJas before the Board _4_ C ITY COhI�II5S I0N IriEET 2NG November S, Z95T tie was present. He staLed that tY�e discussior� which took place was that the Bo�i*d attempted to reach a compromise wi�h the position {;hat the majori�y of the residents� tal�e bg leaving that area along Ecl�ewater vrive R-�, and zoning as R-7! the back por- tion of that area, but t2iat they weren�t able to come to agreem�nt wi�h the peopla on that, and therefore the Board did not render any decis3on. The� were willing to recos�nnend �he rezoning of the greater portion of it but reserve along Ed�;awaber� where there are a number of properties in non-conformin� status. Mr. G. I„ Darling said that question was asked v�hethar Edgewater Drive could 'be excluded from that area. He said those on F.dge�vater Drive � those with homes - were most inaistont on being re- � zoned. Connnissioner Slsnton sAid that rather than six non-conforming uses in that ar�a, �h.at there are �nany otYiers besides, and he read list of �everal other residents� in thAt area v�ho have �ara�e apart�ents or multiple dwelling units of some lcind v��hicli are for rent. Dr. Fontius said he �ras quoting figure given hi�n v�hich might not be correct, but that c�ne apar�ment house he kno�vs of was built in violation of the Zon- ing OrdinAnce. He mentioned that the only zonin� out there �ras• in decd restriotions. CouIInis�ioner Turner pointod out to Dr. Pontius that he is using hig residence as R-� in order to continue his gractice. Dr. Pontius eaid that he is practic�ng only abou� 25��, mostly among his friends and nei�hbore, and that he is sura if they were ques- tioned about it, that they would tell him to stsy right ti�her� he is. Commissioner Turner then stated that he i'elt there was a contradiction in Dr. Pont3ust attitud� about changing the area to R-Z, and his actions in carryin� on his practice in an R-2 zone - that if it is the wish of the ma�ority in tkiat area th�zt no one use his proporty for�business purposes that D:. Pontius himself is not livin� up to what Yie is expect- ing oth�rs to do. Dr. Pontius said that tiiat was his mistalie, and that ho is w3�ling to cease all practice i�cumediately if the zonin� is c:zanged. D�Ir. George H. I�iorgan, resident af 1029 Charles Street, said that he came to Clearr•rAter, and kiad long planned to come here upon his ::�etirement because of the be�uty of this area, to build a home on his lot. He said that one of the .nost beaiztii�zl si�hts to seo in going through Dunedin is the drive through there. He said that he di3 not feel that one of the only rema3ning beautiful drives in Cleexwater should be talten up by motels ana apartment houses. He said I�e did noi vrish to seg motels and apartments when he drives down Ed�ewater Drive. hir. J. E. Satterfield, Attorneya said h.e spoke for Messrs. Fio�int3ni and Bal.desarre, purcha.sers or property just North of the Sunset F"oint SuUdivision. He said he �vas aare that t;hese property ovmers are not planning to put any apart�ent houses on the back ai the streei, ard said that he falt the Commission should consider the fact that people wha bought properties bought them vrith the knowledge;tk�.st they are zoned as R-�o Ee said he did not fael that many people will build private homes on that highsvay as it is an arterial h-ighway, and people have come to reclize tlaat a home on an excessively crowded street is not desirable. He said he did not think the Cor.s- rission should zone it for R-1 on Ed�ewater Drive. L�Ir. Lewis Homar a�ppeared, stating tY�at rasid9nts abutting Edgewater Drive d1d not grish to have it r.ezoned - that most residents have businesses and bought the r�roperty oecause it was R_2. He sa id that he felt that no one had a right tn tell him vrhat to do with his property as the resi- dents in that area wsre trying to do. Mr. Davies, ovmer of the Green Beacan on Ed6�- water Drive, said he agreed wi�h Ivlre fiomer that he felt there shotild be na change i�z the zoning on the Drive. �ir. Homer spoke of the fact that while there aro residance� along the water front driving from ]?Unedin that all thoso properties are located far enough back from the h3ghv�ay to be away from the noise, rvhich i3 not true on Ed�ewater Drive. He also sta�c�d that in addition to the m�tels and apartr.lent houses in the area• which wishes to be zoned ft-1 that he learned sosne time throu�h Chamber of Conunerc� listings that there are tvrenty�two rooms also bein� rented out in that area,. Ivtayor Brown stated that there is a provi�ion in the Charter tY�t each ancl everg itarn is con- sidered aE the same tirne on a referendu� ballot - if there are several zoiaing items lumped into one question a�hi'es�r or °No"` anav�er is given on all �nd if the pers�n v�t- ing is not in agreeznent v�ith all oi the� and votes against one part of it, the rest of the projects under consideration are also automatically cancelled. He stated that he considered this to be a major deficiency in the law -.that each item should be con- sidared on its own merits and not tieci in �+'ith somethin� elae. He said i;hat it there- fore bei2ooves Asch Coirmxissioner to be careful oP what they put on the ballot a� a whole set of projects might fail because it wae tied in with something else v�h.ich people did not want. Tie saifl rezoning was considered at the DeaemLe� election once a year as a�natter of precedento b1rs. Schrachta, resident of Charle3 Street near the Railroad tracks, stated that everybody in Clearwater would v�ant to �eep the beautiflil Bag open so that she and everyone else can enjoy the sunsets and the view� If it ia built up like Venetian Point she said she didn't ��ant to live there any mor�. Mayor Brown pointed out that she is talking about the Bay side, whlch is going to be turned into a Park area, go tnat this view will never be obstructed. Iv7r, Houier said that he is not making a plea to fill out in the Gul�, but that zoning be left on the other side of the street to in.lild an apart�ent house, He has oifered t� give his property for park use if evaryane else will, Corvnissioner Blanton saicl that he is heartily in favor of apposing anq dred!;3ng or filling on the Bay side of Ed�;evrater Driva, that he had made motion himself for the City to w orl� with the Assoc3ation to prohibit anything of ihe sort on that side. Cormnissioner Lynn said that if you drive up Ed�ewater Drive and look at the buildings you vrill Pind that it ig nearly a1T R-�. Commissioner Blanton sai.d that the matter has been turned dc,v�n by two Zoning Boarcl decisions, and that the last time they reached no dec�siono It was turned d ovm by previous Cit� Commission., He then made the motion that the matter of rezoning from R-2 to R-I no� be placed on the rePerendiam at the corning election. Cormnissioner Turner seconded the motian, vote was taken as follows: Coxmnissioners E3lanton, Turner, Lynnr and t�lack voted, "'Yes�"; Mayor Brov�n voted, ��I3o°. A4re Milton Renyon sa3d that he wondcared if it vrould be poasible for the officers of the Association to �et together and resubmit a plan re- qising their requ�st axempting one section Yrom the plat. Dr. Poni;ius sai�i that when an exemptian was made before that the Zoning �oaxd turned it down. TZayor Brown re- comnended that lots facing on the Drive rema in R-2 and other lots with any other re- coxmnendations be zoned R-1, keeping in mind that the area on the water be kept as a Park and that it be pursued diligentl.y in order to keep i� such and greserve the beauty of the water frqnt and the wateriront scenes and aunsets. If that ia pxe�erved, he said, then that is better tk�an half a loaf, and it is actually the basis beh3.nd the request that the whole area be preuerved. ,��Isaqor 3irovrn invi�ed the group to come bac�l� if thay wish to make request other than to place this matter oz� �he reierendum ballot,� _�_ czmx co�1r,�Tsszarr n2�rzraG Naveniber 5, 1357. and that any other requast will be �iveM evexy conaideration by the Commiss��.on. He asked Dr. Pontius if he thought that the �roup would perYiaps have further reqkest ta make. Dr. Pontius replied that they probably would have� Mayor Brov�n reminded them that if they do have othar requests to make that it wa� important that they do so a� soon ag possible becau�e of the pr�oximity of the �ecember election, Cou�n�.asione� Blanton said he believed that Dr. Pontius hsd another matter he w39hed to brin� up re- �;arding his sot-up out there. Dr. Pontius said that their street is a dead end sireet, and that 300 feet k�ad been black topp$d, but in the street improvem�nt program it a+as not improvad, and is in bad shape, and he wished to r•equest that it be improved. $e said the stre�t v�as: paved on the Clearwater side, and that it v�as not more than 12 feet or 14 fe��; wide. He said that part of the street is in Clearrvater, part in Dunedin, Cormnissione•r Blanton ssid that it ia in very deplorable condition and should be �'ixed. C3ty Manager concurred with this, and said that as soon as taxes start coming in in another fiftaen or eighteen days that tk�:ia is one of the items at the top of the program. The City Engineer stated that it would take more than Y�lack top ta fir, it. Cor.nniss3onsr° Black said he felt that Dunedin should be contacted to see ii' they wi1T Pix their half� City Mana�er stated that he has an appointment with an officiaZ from Ilunedin within the next few days to go over the v�hole probTem and see if the streets in that art�a cann�t be put into good condition. Nia�or Brown told Dr. Pontius that there would be a further report on this, Commi�sion gave consideration to ofi'er from Peul F'. Randolph, Inc., to purchae�. Lots 43, 44, 45, 46, 47, 48, and 49, Block D.., of Navajo Park Subdivision. Com- missioner Black �oved that request to purchase these lots at price stipulat�d be denied, and letter written explaining reason for the denia l, v�hich is that a use ie being planned for this praperty at this time by tha City. Commissioner Blanton seconded tha motion, v�hia2z �ras voted upon and unanimouslyr carried� City Itianager raported on estimated cost of sidewalks on Seminole arsd Pennsyivania Avenues•, as per figures submitted to him by the City Engineer, which 1vas in the amount of �6,5C)�,009 or �T.75 per running foot. IvIayor Brovrn felt that this sidevralk should be extended from Seminole to Palmetto Street. A£ter discussion oi' thi� su�ges�ion, Ccu�!� mis:sioner Slanton moved that the City authorizs side�valk Prom Jefferson Avenue �;o Pennsylvania &venue on the South side of Sem�nole, and from Drev� Straet to Palmetto on the East side of Graei�tivood Avenue, cost thereo� to be assessed to ab�ztting property,, gublic hearir� to be called and advortisement for bids placed in the newspaper to run simultaneously so that this work can be started at an early date. Corrmiissianer �lack seconded this motion, vrhich was voted upon, and unanimously carried. Ieir. Ben �ole said that he recently tried to make arran�enenta for a color�d person t� have dental work dono, and that ha learned that there is no one in town vrho will do sueh work. He said that the Chamber of Corrmierce haa said that they will go into this, but at the same time he felt it was right that the Conmission should appoint a Cormnittee to see if tl�ere canr�t be a clinic or something a� the sorL establishede Mayor Brown appointed Corr�nissioners Black and Lynn to coordir�te this work tvith the Chamber of Coimnerce, as he felt it was a matter of no�ent to evervone an� semei;h3ng of which people are not a�vare. Report was made for smal� industries by Commiasioner Black regarding request of n2. Cs Ravel, otivner of bu31d3ng located at 207 North Garden &vemie directly E�st of the h7ar�are� Ann parking lot, that approval by the City Cominission be given to perniit a� toy manux'actur3ng plant t� occupy thi� building, The building is located in a business zone, but due to the types of operations in this localit5 and the �ype of busines� thig would be, the committee recoa¢nendeci that the Atlas Tool Companv be granted this request, and that zoning for this building be chan�ed from business to �anu.facturing to permit the operation of this compeny, 1Ir. r4. G. Ravel, who vras present, stated thaL he ha s two different companies interested in this property, snd that if the to� menufacturin�, company does not decide to use this building (since they h.ad previoualy been to13 that it was not zoned for manufacturing and do not yet ]motiv tb.ere is �ny nossibilitg of it� being rezoned) that there is another co�pany, manufacturers of light furniture, who ��ould like to have it, He asked that the Commia$ion approve rezoning for both companies so that he need not bring a second reqtiest to the Conuni�sion. Cor,ffniss�ioner Turnes� moved �hat the Carrmzitteats recommendation be foZlowed and �hmt tha permit be gran_ted fo�x use either as a toy ma rnzfacturing plant or manufacturing of f4zrniture. Coirnnissioner Blanton seconded the motion, which was voted upon and unan3.mousl�r carried. Cormniss�ioner BZaak reported on small industries in connection c�ith �the purchase of lots at GraenVrood and Seminole Streets to Earl L. Coddington for erection of Gyclone Power biower Company. He stated that corrununication dated October 19th has been re- ceived from n4r. Coddingto�n wha.ch states that due to the critical ehorta�e of materi�ls, primarily aluminum, and the restrictions which have been placed upon them by tne N.P.A., it is impoesible fo� theri to proceed with their building plans �n the property which was contracted for at this t3me. They found it necessary to make tha deeision tY�at the option, which they have hsd to purchase this property, be is�ediately released. Commissioner Black gtated that 3t is the recoumiendation of the Committee that tize de- posit placed on this property by Mr, Coddin�ton be it�rtediately returned and that he be released from all obligatzons, and that the Citg be released from all their obligations s� that this property can ue used to attract some other desirable �ndu3try to Clear- water. He then read following port3on of letter written up nir, Coddington. "z think in fairness to myself and to a11 of the officials and personal of Clearwater� Flor.ida who have bean so coopera•tive and helpful to me in locating my business in your City, I must make my docision now about retaining or giving up my option on the loca- tion on Greenwood and Seminole. Atl�hough it is Iike taking a beauti.i�.il gift from a happy child, I must decide to �ive up the idea and release my claim to that property.�� Cor�nniss�ioner Blanton moved that upon signing of proper release of the City and upon the Citp rei�znding proper stun of money to Mr. C'oddington that he be released from his con- tract. Cor.miissiorer Lynn seconded this motion, vrhich was voted u�on and urian i�ously ca rr ied . � I� _6+ C 1'L'1' COAiMIS�IQN I+iEETII�i4 November 5, 1951 Connnissioner }31ac1� reported for the Oacupational Licanse �ommittee. He stated that it is the reco�mnendation of tI�:is committee thst the i'ollo�vin� revisiona be? made in the City�s occupational licens3n� set-up at this tima: (1) On Page 9 in re�;ard to 1'oar companies ox a�encies, licensin�; sha11 be revised on the following basis, figured on tl�e amount of outstandin� loans as established by the S'tate in their most recent ex�minationr O.OQ to � �Q,000.00 �50,000.00 to 75s000.00 p75,00p.00 to 100,000.Q0 Over 100,000.00 --' �� 54.00 -- 75.00 -- IOQ.00 -� 7.50.00 (�) On Page 12, in regard to r,�ovin� pic�ture housss, licensing aha1T be revised on the followin� basis, fi�ured on seating capacityt 1 to 350 �p 'i5.00 351 to 500 100,00 501 to 700 150.00 701 to 1200 a00.00 Over 12:00 350.00 Drive-In Theaterg 100,00 (�) In regard to the request of the Keppie Travel Agency in �e�;ard to license for travel bureau s, it is the recommendation of this committee that the licena�ing for travsl bureaus remain as set up at �p25.00. It is .f�i.rther the recommendation of this committee that trie 5 per cent penalty fee, scheduled to go into effect Novembar 1,� not be levied until December 1� due to the lateness of the revie4r of +;he City�s Occupational Licensing Ordinance by the Coril.miss�ian. hir. J. E. Satterfield, ov�nsr of the colored theater in Clearwater, sa�id that he d3d not feel that his t?Zeater tvas in the class rvhich should be charged b5* seating capa- city in view of the fact that the percentage of colored population which consti- tu�es his customers, is relativPly much smaller i:han tho dra�ving potiver of the other theaters, there bsing only about 3',000 colored persons in Clearwater as nearl�* as he knew. He said that he has 396 seats, 350 of ti�hioiz are usable. f£e said he felt tbat the fi�ure ha has been paging of �p50.,00 r�as h3�h enou�;h and that hia a;verage net income fro� the theater �vas �652.00 for the year. He said if the Commissio.n ca�ald see fit to amand Lhe Ordinance so that his license would remain at �p5A,00 he would appreciate it. Islembers of the Oc,upational Licensing Committee atatgd that it was their intention that f,4r. Satterf_eld�s theater should fAl1 into the fir�t, or lovicest bracket, and that the reason ?t did not was because theg h,ad been mistaken in tha number of seats in his the,ater. After discussion, it was decided that the amendment regarding theaters should read as follov�s: 0 to 400 � 75,00 401 to 500 100.00 501 to 700 150,00 701 to 1200 300.00 Over 1200 350.00 Drive-in Theaters 250a00 Above licenseg, it was agreec3, should inci.ude all concessions. Cor.nnissioner Blanton moved that the Cor.miittee �s recormnendations be followed, and that i:he City Attorne� be instructed to prepare proper amendment to License Or- dinsnce No. 609, and that City Mana�er be inst.ructed to correct the license list accordingly. Commis�ioner Zynn seconded the motion, wk�.ich v�as voted upon and un�ni�ouslg carried, Iviayor Brot�n auggested that mattar of chang3ng licenses f or filling s�ations be taken under advisement and that �ass�ge of formal motion should �e dela�ed until further consideration can be given the matter. Considaration was given to letter from Mr. Roger 0. Bouchard of actober 19th re�arding �iability insurance f.or the City of Glearw�ter. City hTanager said that the Roger 0. Bouchard Agency has gone into an intensive survey of tha whole City, and that they requesi; that �pecial meeting be called for Thursday evening to go into the report of this aurvey. Ai'ter discussion, it was decided that nxeeting should be held Thursday evening to discuss this and other rnatters. City Clerk read Pollowing pr�liminary report frorn tkie Cor�nnittee on Ord3r.ancea�, Chairman Cormnissioner Blanton, as follows: ��'Youx Co�nittee on revision of' ordinances of. the C3ty of Cl.earvrater subm3.ts the following preliminary report of reco�nendations for amendments to be �ade to the �onin� ordinance oi the City: �r]ie That the City Engineer bo irmnediately instructed to prepare a new ofPicial aoning map of tize City of Clearwater to be known as ��Zoning niap of the City of Clearwater, Florida, of 1951�'; that the City Engineer in preparing said map sY�all collaborate wibh the undersigned co�mittee on the matter oP changes to be made in zone �lassi�ications. ��2. That Seetion 3 of the zonin� ordinance be arnended so that the same will refer to and incorporate i�to the ord�:nence the City oP Clear- water Zon3ng Map oP 195T. �r3'e That Sectioz� 11 bf the zoning ordinance be amended: Cont�d -7- CITY COAINITSSION MEETING November 5, 1951 �r(a j 5'o as to refer to the zonin� map of 1951 instead of the zoning map of 1939; ��(b) That paragraph 3 of said seetion be amended so as to increase the size oP lots which may be used for building purposes in A-1 zone from an area oP 500 aquare feet to 2,500 square Feet and i'urther in- crease the minirmtm ground Floor area of build3ngs which may be erected in R-1 from 300 square feet to 750 square feet incluslva of porches and breezeways. 1b4. That Section 5 of the zoning ordinsnce be amended: °(a) Parking facilities, accessory buildings and uses� neeessary to or customarily incidental to any of the above uses when located on the same lot or pla� or other lUt or plat within the same zone owned or controlled b� the owner or operator of the principle uae, including Arivate and storage garage, provided said garage shall be Tocated not nearer than 40 feet from front street lina and less than 20 Peet from side street line nor nearer thz�n 3'feet #'rom any and all lot lines and to permit non cor.mnercial (not oporated as a bus3ness within it- seli for profitj public parking lots or spaces on va;cant lots or portion thereof located in R-2 zones. ��. Z'one ��'B�� Business the Following deacribed �rea: For po3nt of beginning start at a point where the South line of Court Street Extonsion Right-of-Way intersects the East line of Greenwood Avenue and run in a 5'outherly dYrection along the East boun- dary line of Greenwood Avenue 150 feet to a point thence Easterly parallel to arad 150 feet South of �he South boundary line of Court Street Extension Right-of-Way to the VJest boundarg line oP Niissouri Avenue thence Northerly along the NJest line of Idissouri AvQnue to a po3nt where it intersects� the South boundasry line of Brown (Brownell) Street thence Ylesterlg along the South Soundary Iine of Brown (Brownell) Street to its intersection w3th the �ast boundary line of Greenwood Avenue thence Southerly along the East boundary line o£ Green- wood Avenue to point of be�inning les� that area within the Right-of-Way of Cburt Street extension. '"6. Change from '�•B�' B�isiness to R-2 all that area betvreen Clearwater Street and the S'outh boundary of the present A-2 Zone as it extends from Cleare+atsr Bag Westerly along ths North line of Block 76 and along the North line o�' Lots 1 to 7 inclusive of Block 83, l�ing and bein� betvreen Clearwater Bay and the allay running North and South frcen Cleaswatrr Street to Somerset Street, inmiediately PJest oY the lot3 facing East on Foinsettia Avenue. 1bI'� is pointed out tl�at this Corr�ittee+s work on the �;oning ordinanee is not com- plete in that it ie contemplated that as a rasult oi' their work in collaboration Prith the City Engineer they will have several recorrmiendations i�o mtke relating to the zonin� of areas of the City which now appear as unzonecl areas on ihe zoning map of 1939. �gR�specti�,illy submitted this 5th da� of November, A.A., 1951e r�'�s� Herbert �i. Blanton °i/s/ Joe Turner «�s� Thomas H. Black, Jr.° Nir. John G. Llewellyn sa3d that all property o�vners a3ong YvIandalay Boulevard with �he exception of two pieces of propert;� are affected by Paragraph 4 of this report. Coirmlissioner Blanton said he had 3ntended to cover this situation but probablg x�uled it out by saying, '"in the 3ame section��. He said they probably shouSd have sa3d, 1PtIn a business zone,'� and ahould have been in �he sane category as a man who had a business in a business Zone and was permitted to use a parkwav. P�iayor Brown said thst the word, ��Contiguous" should hava been inserted. Coaaniasioner Blanton sa3d that th3.e term sheuld be broadened to take care of adjacent property in a� buainess zone. Commissioner Blanton aslted if the wording was changed to read, �"So that there is rooza enou�h to park cars in an R-2 zone.�r Ivir. Llewellyn said that that would be fine. Commissianer Blanton said that the report could be so amended. Mr. Llawellyn said that he £elt that nearl� everyone in an R-2 �one would a�reo with hin�. Commissioner Blanton suggested that the CoaIInittee re-word one paragraph slightl,q to take care of the situation as outlined by Mr. Llawellyn regarding park- ing - in other words, tivhere it adjoins a business zone, that the owner operator of a businesa who owns an R-2 zone can use a lot for parltin�. Cottmlissioner Blanton ea 3�-�1a��-�kQ-�a�e��-w��-aaee}��e�-b�-eenee�{�q said that this would bs reported on at the next �eetin�. Mayor Brotivn said that the report v�as accepted by consent. � �/ -8- CITY CONIIt42SSTON DiEETT1�tG November 5, 1951 Report was made by 5treet Naming �ommittee - Commissioners Blanton and Turner, changing names of streets valrich Are alike or similar in Clearvre�ter. Corumisaioner Black moved that the report in re�ard to sti:eei; names be accepted, and that the City Attorne,y be instructed to prepare the proper sesolution necessary to complete this project, and bring it back to the next meeting. Cornnissioner Lynn aeconded this motion, whicYi was voted upon and unanimously carried. Couunissioner Blanton re�d several itenis which lie felt that the Cor.miisslon shc:uld attempt to complete in the near future, aa follows: �, � Pedestrian traffic regulations. Coachman Park. Painting sand wa11 on City Property on Clsarwater Beach. Seruinole Sidewalk. V�idening o£ Turner Street paving. Drawin�s for the Gulf piar. �verii7gham Pavilion. Re-routing of U. 5. 19. Oil Coinpany�s Gasoline Prices. Cutting ofi point of property on Pierce Street South of C3ty Auditorium ar.d rebuilding of traffie island on Pierce Street. Trafzie light on N. Ft. Harrison. Mayor Brown suggested that �edestrian traffic re�;ulations be taken up in the Traffic Committes and in conneetion with the Chamber of Commerce. Corrmiissioner Blan- ton seid he felt that the Co�iasion slzould handle it� in the best interests of tlle people of the Cit�*. Commissioner Blanton co�.rnnented that the matter o£ the Seminole s3devaalk has al- ready been taken up tonight, and niayor Brown advised him that Everingham Pavilion has alreadq partially been removed. I� W&9 decided that cost figures regarding traffic light; an N. Ft. Harrison �hould be presented Thursday night by City Engineer. Meetin� ��as ed journed by hSayor Brown at 1�:15 AIvI. �: Alayor-Conunissio e� ,t�ttest: , r City Qud tor d Clerk � CITY COMMISSIION b4EETING November 5, 1951 h4ayor-Commisstoner Herbert l�i. Rrown, Commiasioners: Gen�lemen• Herbert Blanton, Sr. Thoraas H. Black Garland Lynn Joe Turner November 3, 1951 The City Corrnniss�ion v�ill meet in regu3ar session Monday e�vening - November 5, 1951 at 7:30 P.2�i. in the City Iia11 Auditorium to consider t'n.e items on the attacl�ed agenda�. FC&I : gg Yours very trul�, F. C, h4iddleton, City Manager � AGENDA, l, .l�pproving minutes of regular meeting oP October 1� and special meeting oP October 18tYT. 2�a Opening of bids for Construction o£ Curb and Sidewalk at Clearvaater hlarina�. 3. Tabulation oP bida ior; A. 2500► of 8�" Qlass 150 - Asbestos Cement gipe to connect standpipe to existing mains. �, Corrnnissionts considsration of Public UtilitY Improvements. 5. Commission�s consider�tion of renewal of perrnit for P�illia�n ltieyer to operate the Se& Fever out oi City Docic. 6. Corrnniss�ion�s consideration of plat Por St. Cecelia SchooT. 7. Mayor�s Request: A. For Smoke control at Gas Plant. S'. S'idervalk on East side of 2slyrtle Avenue to Cleveland Street - South to Turner Straet. C. Public Flearing- request E.�;. Stone. 8. Consideration of offer. from Paul F. Randolph, Inc. to purchase Lots 43, 44, 45, 46, 47, 48 and 49 - L�lock D- of Navajo Park Subdivision. 9. Co�ission�s consideration o£ items from Zoning Boardt A. C. Ke Thomas B. Ed�ewater Drive Zoning 10. Co�nittee Reports� A,. Sidewalks• on Seminole and Pennsylvania Avenue. B. �treet 2dames. C. Occupational T�icenses. D, Reconffnandation f'or chan�a in Zoning Ordinance. E. Small Bus3ness. 11. Qor�miss3onta consideration of request from Fla. Council ior the Blind. 12., Coumiission�s consideration of request fron Air. Ben Col�. 13. Commission�s consideration of appropriation for Youth P7aritima Center. 14. Request for extra appropriation for pavenent and storm sewers in Coror,ado Dr3ve. 15. ClQarwater Veterans� County Service Of�ice Report 2or the month of September - 1951. 16. Consideration of letter ProniAir. Roger Q. Bouchard of October 19t�i. 17. Couvnission�s consideration to purchase Lo�t 8- Block �- Fairmont Subdivi.sion. 18. Consideration of resolution to be presented b� F1�. League of IrTunicipalities at 3ts ragular annual mzeting Dec. 3, 1951 in Orlando. 19. Items not on the Agenda wi?1 be considered by consent of the Commission. Adjournment, ' Commiss�,on serving as Trustees of Pension Fund on appl3cation z"or membersliip in Pension Pla n . ---- ----------------�__--------------_-- -____ Paul �. Randolph,Ince � October �l, 19�1 City of Clearwater Clearwa{;er, Florida� Attn: hir. A. G. «Iingo Aear hSr. "iNingo; We have a customer �vho has requested tY?.at �re submit an offer of ��,625.00 on Lots 43, 44, 45, 46, 47, 48 and 49, Block D of Navajo Park Subdivision. Title Ineurance to be flzrn3.shed and the regular broker� s coirnnission. If this price should not be agreea�ble to the Commission, I would be very glad to submit any counter proposal which the� might render to uso PI'R smq Very �ruly yours; PAUL F. RANDOLPH, IIJC. �s� Paul F. Randolph CITY COMn�I255'ION MEETING N�vember 5, 195I City og Clearwater Inter-Uifice Coimnunieation To: FQ C. bi3ddleton, City IvIanager Frorr�: 0. H. Anderson, Sec�y. Zoning Board Sub ject: RERLTEST OF C. F'i. THOIvIAS Ootober 24, 1957: At the regular meeting of the Zoning Board held on Tuesday evening, Oatobes 23rd, 1951, - a motion was made and carried that the request of C. K. Thor� s to erect a building for Business purposes in the So. 50 ft. of the north 150 ft. of the 1Y.-150 ft. of Lot 6 of R. K. Padgett�s Sub. of S�� oi the NN[� �ec . 15-29-•15 Plat Book 5 Page 27 (urzzoned property) be granted. In mal�ing the recoimnendation the Bo�rd £eels that Mr. Thomas� xequest is in order due to the £act that there is already business existing in this are� such as the Gu].f Machine Company and the hicClanard Flumbing Company. Attached herewith is a copy oP n4r. Thomas�� request preparad by Roy E. IT].mer oi' Ulmer & MacKenzie, Attorneys at law. City of Clearwater Zoning Board Clearw�ter, Florida Gentlemen: ULIvLER & ;�IACIfENZ2�' October 23rd, 195�7. Re: The S. 50 ft. of the No Z5Q ft. of the 4V. 150 ft. of Lot 6 of R. H. Padgetts Sub. of SE4 of NW� Sec. 15, 29, 15 - Plat Book 5, page 2,7. C. K. Thomas of 1T06 8. Greenwood Ave. this City has entared into a sales agreemen� with Edrmund S. Ydhitson of this City to purohase the aUove propert�, subject to the ob- taining of approval to use such property for business purposes as aet forth below. Such lot above described is that lot situate at the Northeast corner of tlie intersection of Gould enrl S. GreenNood, This property is presently unzoned and as we read the zoning ordinance, ir� unzoned sections only those uses perr,litted in an I�-1, an i�-� and ang other lawful use approved b� �our board ms9 be utilized, Mr. mhomas therefore respectfully reque�ts that �ou authorize him., by appropriate action, to use the aboce described propertf as bus�?ne�s property for the VVelding and nIach�ne shop business which he is no�r operating just down the street fra.n such locatione 'hTe respeetfully point out that Gulf Pnaqhinery Co. at 205 S> Greenwood a+nd McClanard Plumbing Comparty and our Client are engaged in busine,sses at the present time in closa proximity to th� above location and we respectfully request that affirrnativa action be taken upon this request at �rour earliest convanience. REU: Y� s Sincerely yours, UI�4ER & P+IACKENZTE FiYs /s� Hay r7. UTmer Ae« E.�.S':tone Clearr�ater, Fla. Oct. 22, 19571 YJem the undersigns wi11 not object to Harriett M. Fc E. E. Stone making their home into two apartmants - at 121 ti�. Turner S!t. (Si�ned bp 16 persons) .�oo C1fiY COIvID4ISSI0N 2dEETING Novamber 5, 1951 RES02,UTION WAEREAS the propertq hereinafter described is presently z�oned as R-2 under �he Zoning Ordinance of' the Citg� of Clearwater, and WIi�REAS the present owner, E� E, Stone, has appealed to the C7.tq Coirnniss3on of the C3ty of Clearv�ater, Florida, aitting as a Board of A�djustment and Appeal under the provisions of saicl Z'oning Ordinance, requesting said Board to allow said property to be rzsad for the purposes of a two--family dwelling under the terrns and conditions as is provided in the Zoning Ordinance for ft-2: zones and WFiEP,�AS the Zoning Board of' the City oP Clearti7ater kias heretofore reconunencled that the application of E. E. Stone for exception be grantecl and the City Com- miasion has �iven f`ull consicleration to all mattara and facts bearing upon the application and WIiEREAS the City Coirnniasion sittinf; as a Board of Adjuatment and A;ppeal hav.e duly and legally �iven notice oi' and held a publie hearing on this matter as i� provided by lav�r anc2 through :its investi�ation has inferraed itself of all the facts, and f inda that said application should be grantod; NOVJ THEREFOFiG BE IT RESO�VED by the Gity Commission of the City of ClearwFitsr, Florida, in its capacity as a Boarc� of Adjustrzent and Appeals as follows:. I. That the reconmendations of the Z'oning Board on th_is matter be and the same is hereby approved; 2. That the �cning exception requested in the applicati�n of E. E. Stone an�. applgin� to tize North 99 feet of Lots 1 ar�d 2 in Block 12 oP A. C. Turner�s Subdivision No. 3, according to map or plat thereof recorded in glat Book T, Page 53 of the public recards of Hills- borough Countg, Florida, of which P'inellas County ��as formerly � part, so as to pes�mit the erection oP or conversion of the pre- sently ex:istir_g premises to a tPro-family dv�elling unit, is hereby �ranted. AUOPTION OF THE FOREGOTNG ResoZution was moved by Counniss:ioner Lynn, seconcted by Corrnnissioner Blanton, and upon vote being taken same ��as unanimouslg passed this 5th da� of November, A,�., 1951. ATTEST: H, G. Win�o ty Auditor and Gler�� Herbert h'i. Bro�n NIayor� or�nissioner �o / i � ;�