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12/05/1951 .~~;. dt/:/,>.: ' .. 't',;,;.,:':: '~. ;", ,',. :.,: ,<':.~:,,;' ~\.., ',:-.:~:".' ~:~~~',\.",,-:, '.':~ ," , . :;',):'jti~i~~i;,~~~\;!,~;~~"'~h""" ',: .:.,',, ,;,., " " ..:. '~' " ".' ..;. .:..:..~' : .' " '. ..,.,~ ,', ~.- - - . . -. ...... .'1 ' ' , ,," v' '\ I ~ " 3 1L 2- !' - /,' - . ''';.'',- k 7 I. ,-,' '-~. ./:,:~ ',- I :~,..\;:i:,~':!l:>>: ~- ~"'/',~." ,,' :."i': , '" '..' J:: ~ r' " ~ " , " II" \... ;:\':':',:,:"~~" . \ ,. ' , . , . " ...,.... I CITY COtWISSION MEETING Deoem ber 5, 1951 . ,X: The City Commission of the City of Clearwater met in regular session at City Hall on Wednesday, December 5th, at 7:30 PM, this meeting having been postponed from Monday, Deoember 3rd, at 7:)0 PM, with the following members present: ~ , , i l ! I I \ \ , , " :\', '~~l 'e ' "'~~ ~ : ) ,o"'d' ~l :,1 Herbert M. Brown Joe Turner Herbert M. Blanton Garland D. Lynn Absent: Thomas H. Blaok, Jr. Also present were: F. C. Middleton C. E. Ware S. Liokton Don Genung Meeting was called to order by Mayor Drown. Commissioner Lynn Moved that minutes of regular meeting of November 19th, and special meetings of Nov~lber 21st and November 29th be approved, in accordanoe with copies thereof furnished each member in writing, and that their reading be dispensed with. Commissioner Turner seconded the motion, whioh was voted upon and unanimously carr ied. ">~<i ' Mayor-Commissioner Commissioner Commissioner Commissioner Commissioner City Manager City Attorney C1 ty Engineer Capt. Police Department 1 ':1 I , .~ City Engineer presented tentative plat for Beverly Heights SUbdiVision, in acoor- danoe with request of Mr. James C. Karas. He said the Subdivision was to be bounded by Turner Street, Druid Road, Dunoan and Phoenix. He said there was nothing wrong with the map. He said that their office had agreed to try to get proper drainage for this area, and that the problem is somewhat oomplex because of the ditch toward Gulf to Bay. There is a 24" storm sewer whioh is serving an entire area, and water is being dumped into this ditch. He said that just direotly South of Druid Road there is a possibility of another Subdivision coming in. If they put a ditch in, the people next South will put one in, and the water will be taken from one and dumped to another. He said if the water were brought to the East by means of a natural creek which drains Skyorest the rest of the area could be handled by surface drainage. He asked the COFmission to give the problem oonsideration and instruct their office to take neoessary action. Commissioner Blanton moved that the Coremission tentatively approve the plat of Beverly Heights Subdivision. Commissioner Turner seconded the motion, which was voted upon and unanimously carried. Commissioner Blanton, Chairman for Committee on Fernier's Market, reported for the COIl~ittee that they recommend a particulaI' portion of this City property between Court Street Extension and Chestnut be provided as a permanent location for the Farmer's Market. He said he had prepared a map showing that area, whioh he presented for consideration. He said that the Committee suggested that a 30 year lease be given on the area as indicated on his map. He said the Farmers' Market originally had a five year lease, of whioh about three years are yet to run. He said that with a thirty year lease they would have a permanent and valuable location. He stated that if the Farmers' Market is allowed to keep the property left after the Court Street Extension goes through it ruins the value of the adjoining property whioh he said was worth approximately $20,000.00 if the FarDlers' Market is removed. He said his own office could sell it for that amount wi thin thirty days. He said the area pro posed for the Farmers' Market ~Quld give a thirteen foot alley and a driveway olear through from Court to Chestnut Street. Mayor Brown explained that the area downtown in which the Farmers' Market was originally located was needed as a parking lot and that when the Farmers' Market was asked to move to its present location that it was not anticipated that a curve would be put in Court Street. He said that the County has arranged to have the area fully drained, have storm and sanitary sewers in, and the contractors are at work to pave the street. He said that installing this street is a major step toward a new East-West thoroughfare. He said that right-of-way has been prooured with the exception of one or two very small lots. He said that he and the Committee and many citizens need a Farmers' Market and the Merchants' Association should be proud that they have sponsored a Farmers' Market. He stated that much work and effort has been put into the ~esent set-up, such as filling, eto. He felt that the corner should be made available as a valuable building site, and that the matter should be handled as quickly as possible before the winter season so that the Farmers' can conduct their business. He stated that the City moved the building before and probably is in position to move it again. Commissioner Blanton said he thought that the Merchants' Association paid for moving the building. Mayor Brown said that the City spent upwards of $500.00 to have it done. Commissioner Blanton said $1500.00 was appropriated for that purpose by the old Commission. Mayor Brown stated that a water line was put in down there. Mr. Marquardt, of the Merchants' Assooiation, said that everyone had a great investment in this area. He said that the County has put a lot in, the Merchants' Assooiation have added to it, reconditioning the surfaoe eaoh time it has been moved. He said that this institution helps to bring into the oolumunity products raised in this area and gi ves them an opportunity to seLt them. He said he felt that the City should keep every piece of property it owns for parking areas. He said it should be kept rather than sold. He asked that their plan be given just and serious consideration. Commissioner Blanton asked who paid for haVing the building moved before. Mayor Brown said the City pe;'.d for moving, rebuilding and putting in the water, and he asked Mr. John Chesnut, County Commissioner, it the County did not furnish the marl~ Mr. Chesnut said that the County turnished botl1 the mrl and fill. Commissioner Blanton said that in moving they will not lose all the fill that has been put in. Commissioner Turner said that this projeot was started when he was in the Chamber of Commeroe. He said at that time he visualized it as growing, so that it would be one of Clearwater's (~d fill whioh was used, and that the City did the filling and laying of the marl) I ~. .' " . . ~ "~ ..... _ ___. ._...,...r-t',I_.._ ,.C ...._-, :-"..' ' '" " ' ':~; ,..,);h~~\;:.>,;;~:~i:U;.j\J,:~,: '., .'.. .... '.. . ~^ ("',,~"". .:,l~~~~~'i',:i\~.l ,.,,::'; ,::,;:;,',:: ':.:.'.]'. :: ~. . ~ ~".' ,: '.< ',' -;. ,', ,: J " ,',: . " '...~,'l , . ,'. " i -I j 1 \ .~ .,.~. \,! 4 , ,'."...' ~" ,\ , I ,j ! \ I '\ " .1 J 'I J i { 4 :1 'j .1 ;] ~ .1 j 1 ~ ',I J ..l j '1 ~ .1 .J ,I .j ~ ;1 1 ' ~ 1 I j I , . ' ~ , . ' - ' '. " .'., . , .' "" ';;"" .. '.. .. .... .'LS:~I'; "~;;'ll 3 Jf 3 I'" ", \". . l':~!'~~;1~f~;':f: l>;:'\'i';"', ,1., .' ..,., j:':;"'; J f: t [ I i l -2- I CITY COMMISSION MEETING Decan ber 5, 1951 greatest assets, that it would be an inducenlent to tourists to buy homes here as it would show the widely varied productivity of this County. He said that his thought in having it moved was not to shove it off to one side as a stepohild, but to plaoe it in such position that the property would be properly used. He said he wo uld prefer to see the Farmers' Market aoquire th e rest of the property in that corner gradually as needed rather than have one oommeroial enterprise take it over. Commissioner Lynn oalled attention to the faot that the looation proposed by the Committee wo uld gi ve three openings to the business rather than tb.e one they now have. Mr. Ray Baum, representing the Clearwater Merchants' Assooiation, sub- mitted plan as pr epared by their oo.ouni ttee. He said that U they were g1 ven 100 teet on Prospeot and lOO feet on Court Street, which is one third of the amount of their present leased land that it WDuld not be enough. He said they had a meeting 'With the Engineer and the City Manager in September or Ootober, and that after that meeting the mtter apparently 'A'as not further pursued by the City. He said that they informed the City at that meeting that they would move any time, as they realized when the oontraotor was ready to work tb.at they needed to be able to do so. He said that meeting was oalled by Conunissioner Blanton and tl1 e Committee, who stated at that time that they wanted to olear the matter up then. He said that this meeting was held, and it was felt by their group that more time should be spent thinking the proposal over and studying further into it. He said that Mr. Logan and about ninety per ofnt of the Farmers' Market Association and the Merohants' Assooiation went out to the location and studied possible areas quite thoroughly and at length, and the di soussion all led baok to the agreement that the ver y minimQID they could start with or even oonsider would be 100 feet on Court Street and l40 feet on Prospeot, whioh would be less than half of their present size now. He said that the same day this deoision was relayed to the City Committee. Nothing further was heard after that until last Thursday when notioe of the Commission's Resolution cancelling their lease was sent to them. At that time the Merchant's Exeoutive Committee, with the Farmers' Market Committee, together with Commissioner B~anton and Mr. Chesnut met and disoussed the situation again for about three hours and again came up with the unanimous decision that the very bare minimum whioh oould be considered would be 140' on Prospect and 100 feet on Court Street. He said that Mr. Chesnut's only comment at that time was that he would reoommend to his Board that whatever arl'angemen t was satisfactory to the Farmers' Market was satisfactory to him. He felt that the County shou,ld enter into the same deal. He said that their business almost collapsed after moving from the Polioe Station. Their group felt it is a coming area, a tremendous asset to the Qommunity, not only as a market but as off the street parking and park facilities. Mayor Brown said that their group has been most cooperative, and that he wi shed to apOlogize for passage of Resolution canoelling the lease agreement in their absence. He said it was due to emergency only that such action was taken by the Commission, as the contractors were ready to begin work. He said that the question of parking is of primary impor- tance, that all free parking lots have oome from aotion of the Commission. He said that the Merchant's Association have asked that the City hold up park development for the winter and that this muld be done. He added that he felt that J:B.rt of the area should be reserved for parking with meters installed, which would ensure what the Merohants want, whioh is a turnover of pu king. Mr. Marquardt commented that one important consideration is the expense involved in moving the market, that it would be much less expensive if it were left in the area they have requested, and that the site proposed by the Committee would be much more expensive to fill and prepare for ocoupancy. Commissioner Turner stated that he felt it should not be on the front oorner, that he felt it would be more advantageous to the market to be located at the back of the lot. He said that pe ople co uld drive in Court Street and out on Chestnut. Commissioner Blanton said that he and the Conwittee had tried to exercise judgment as business men, the same kind of judgment they would use if the property belonged to them and they were developing their own business on it. He stated that he has been a friend of the Market from the very beginning and has 'Worked for its interest, that he long ago urged the Commission to do what they could for the Farmers' Market. He said he felt that such a mlrket is of great benefit to any oommunity, and that he wanted to do everything he could for it to enable it to grow and beoome a permanent fixture for Clearwater. He added that he had used his judgment sincerely in making the recommendation he did as to the proposed looation. Mayor Brown said that the City owns tier of six lots across this area, and that he felt that the MGrket should be placed as the COEmittee recommended and a Resolution passed whereby half of these six lots are reserved and earmarked for parking purposes (which he felt to be preferable, us it is a business area). He said it would be a step in the direction that the Safety group recommended at their recent meeting. Commissioner Blanton reoommended thlit a parking lot be established where people could leave their cars and go shopping downtown and return to their cars; and that a shuttle bus oharging 5i fare be established to take them back and forth downtown. Mr. Cleveland Insco stated that he was on the Committee from the start of the Farmers' Market. He said it was their understanding when they moved from the Police Station that it was their last move. He said at that time they were given the impression that the turn on Court Street \~uld result in only one or two of their stores being affeoted. He said that they felt that this suggested move again places the market in a dead end. He said if the City wo uld move tb.e .nar ket with the idea the.t the other area will be speoified as a parking area that they would consider it a bette~ idea. He said they do not want to be shoved into another dead end street. They do not want to be moved onto Chestnut and then wait for that street to be opened. ComBdssioner Turner said that he felt that as soon as the street is opened that the flow of traffic will be tremendous. Mr. Marquardt felt that there wo uld be different thinking if a Resolution was passed permanently naming the six lots as a parking property. He said that they had believed up until now that the property was to be sold. Commissioner Blanton said that he gave the idea t~at the property.is to be sold inadvertently. He said it was not his idea that the City was gping to sell it, but wanted to bring out the value of the lot in talking of an exohange to the Committee. ..... ..._ . w-o......v.- ,_, ,;... . , , "::\ ,..' ~., ':' ," . , .,' '>,.:.J.; ;.', r":'u".'~'~ ':.~ '~:<:~r:'!;~~~~!':~:~:~~7~~'1 " .,... '.':~,\I?iiIflc~j;t1k;10);;");;,," . :;~"~0t1r1f';i!.'! " , . - , . '.:~:.. !':,. .3 Ji /f -)- CITY OOMMISSION MEETING Deoember 5, 1951 :1 I 'I I : He felt it would not be a fair exchange to give that property for the Garden Avenue property, as he felt in the near future that the property ~ould have more value than the Garden Avenue property does. He said he would not oppose a proposition 01 giving the area between Court and Chestnut to the Market and naming the rest as a pal'king area or making their area wider - 75 feet - and make the rest parking. Commissioner Turner said he had never thought of it as a parking area, b~t had thought of it only in terms of the market drawing trade us stores built up nearby. He said he felt that the parking lot would do even better. Commissioner Blanton again mentioned his suggestion regarding shuttle bus servIoe to downtown. Mayor Brown oommented that Prospeot will also be paved. Commissioner Lynn said that sinoe Court street will be a main urtery that that area will be a main intersection and that a parking lot ~ill be very neoessary there. He felt that the Resolution should be passed at this meeting. City Attorney stated that there is a State law proViding for State aid on Farmers' Markets, and that there are th irty nine ver y fine li'armers' Markets that have been built in the state of Florida by the state Department of Agrlo~lture. He said that one is in Bradenton, and that there are suoh markets in all co~nties where the agrioulture is highly diversified us it is in Pinellas County. He said it migpt be used in future projeots here. He suggested that Resolution passed in regard to the parking area not be so tied up that the state could not oome in and build a large Farmers' Murket. He said the County was overdue some consideration trom the state on a matter of this kind and suggested thtit in any Resolution passed that it is not done in perpetuem so that it oould not be changed in order that a deal with the Department of j\'grIculture could be made. Mr. John H. Logan said the possibility of suoh aid was explored a number of years ago and that it was learned that the market would have to be a wholesale market only. He said if proper property had been avail- able a wholesale market oould have been developed, and then money oould have been gotten from the Department of Agriculture. They do not provide money for retail markets. He added that there are great possibilities for a Farmers' Market in Clearwater. He said it \\Ould be a fine thing for the COllUllission not to set such a rigid plan tor parking that the area could not be used for other purposes. ffe said it would be a fine thing for the Commission not to set such a rigid plan for pirking that the area could not be used for other purposes. He said if more frontage oould be given than the 75 feet on Court Street he felt the Merchants' Association and the Farmers' Market would greatly appreoiate it. COJIllIlissloner Blanton felt that it it were not limited sufficiently, future Commissioners might discard it as a parking lot and sell it. Commissioner Lynn said it could be drawn so that it oould be used as a parking lot until needs of the Farmers' Market make it suo~ that they will need future footage for their purposes.)(Co~ssioner Blanton moved that ~he East 75 feet ot the tier of lots owned by the City lying South of the new Court Street Extensi on be reserved for co nveyance to the County tor use as a Farmer s' Market in exohange for the County's lot located next to the Police Station, and that the remainder of the property be dedicated as a parking area, SUbject to any future desirable arrangements for the expansion ot the Farmersf Market. Commissioner Turner seconded the motion, ~ioh was voted upon and unanimous1y carried. County Commissioner John Chesnut asked what would happen if the area were eventually not used as a Farmers' Market. City Attorney said that if the County had it that it ~as their responsibility from then on to see that it is maintained as a Farmers' Market as long as they wanted to have it. He added that the City would be certain in con- vey ins the property that there would be no oovenant running with the land whereby a Farmers' Market would always have to remain there. He said that the details of the oonveyanoe must be threshed out with the County before the oonveyanoe is made. One of the farmers present suid that it met with their approval, and Mr. Ray Bawn, of the Farmers' Market Assooiation, said that he was sure it would meet with the approval of the Merchants' Assooiation. Mr. Chesnut asked if the City Attorney would attend the meeting with the County when this matter 1s presented to them. He set a ten~tative meeting for Tuesday with the City Attorney, the Ilth of Deoember. Mayor Brown asked if matter of fil~, etc., co~ld be brought up at some fut~re time. Mr. Baum said that they \\Ould be glad to discuss it at any time. Mr. Marquardt asked if one or two or more of the stalls could be moved no~ and ~et the rest remain until permanent work oould be put on the area. Commissioner Blanton oommented tha~ he felt that that would be satisfactory. Mayor Brown asked if it was all right for the City Engineer and City Manager to confer with their Farmers' Association con- cerning moving the stalls and i1 it would be all right to move them immediately. Mr. Ray Baum said it would be perfectly all'right. Matter of emergenoy repairs on the City drawbridge was bro~ght before the Commdssion by the City Manager, who stated that the job is larger than it was expected in the beginning, and that the City will have to advertise for bids. Commdssioner Turner moved that the City's report be accepted in regard to repairs on the drawbridge. Commissioner Lynn seconded the motion, ~hioh was voted upon and unanimously oarried. Mayor Brown said that it is a state road by aot of the Legis- lature. He said that the state has always helped, and he wondered if they would not bear the bur' In for these repairs. The City Manager replied that the state has finished theJ.r proposed mintenance work on the bridge. Mayor Brown said he felt it was the responsibility of the State by law. Commissioner Blanton said he felt that before this heavy expense was contraoted that if it is possible for the state to undertake it they should do so. At the srune time he felt that it should be widened on the present foundati on. Mayor Brown said that sooner or la ter the bridge is going to have to be dedioated to the state. Commissioner Lynn stated that there has never been a formal dedioation. Mayor Brown felt that it vpuld be propel' that the state shOUld take it over and maintain it. Commissioner Lynn said he felt if it were properly presented to the State that they would help. Commissioner Blanton said he was today given assuranoe that Mr. Lewis, the state Highway Engineer, could be brought over from Bartow to look oVe~ from Bartow to look over the problems regarding the extension of Court Street beyond Missouri Avenue. Mayor Brown suggested that he be brought over next week. Commissioner Turner concurred in this s~ggestion l......f\ I ...:&. ~ .' / " I 1 , ., i .~. I I , .j 1 l j 1 \ I I I J I J :I ~i :1 ;1 ~ ! J I' ~ ~ , 1 1 ~ i ~ 1 I 'l I , j .- _ ~ _........-1.,'"-,::'"'".. ;)(::;. ~~~!~1; " " , ,41 I .... I I 48 I . I .: , t, f". ~ ' ~' " ~ ~ I. . .~ ,'!, . .~ '.... . i~:,:-.::. t ':~~ .::....:~.:~::.\.:::;~'..: ", .. ,-. ,...,....'.' ~,..".. :'......".':.:....":::' ;: ,.~...:. ,: ;:', ~,'J,>: !* '. " . '.': ,:, ~(,.'.:',j,?,::.~,;:::'. ~., ','U ~"'.'i:;,:::,:i;i.q ~ ,."'''''' :'" :,:::,;:\. h;{",\f?".. ., . +! , , ';1 "'~~ ,I', ::.::;i.....'\,<,~..,.1 'I '. .'~ I 1 I " .' " .. '.' ~ " ' , " ,,'" \.. ," .'. ,.' ".., ,; '~'. ., '...\, . .",' : ~ .', .. "'; :,',' .~. . t . .. . .' , , , . '::H:~j,iJJlj~~~~,i;;;i.W~~~~!I~d"'~,:!:\ 3ifS '"I' ',: , ..,..'.",.. .. '.' . . -4-- . CITY COMMISSION MEETING Deoember 5, 1951 and asked that the law be oheoked regarding the responsibility of the State in this matter. City Manager said the bridge is in dire and serious oondition and that it it jams onoe more the Army will have to build a pontoon bridge a oross there. He said that when the state Road Engineer was here that he reoommended that the City get busy Lnmediately and proteot what is left - that there isn't muoh, and that it must soon have repairs. He said he and the Engineer would be glad to get Mr. Lewis to oome over, but that he and the Engineer felt it their duty to bring the serious nature of the bridge oondition to the attention of the Commission in oase somethIng should happen. City Engineer said that estimated repairs to the bridge would be in the neighborhood of $9,800.00, that it is in bad shape. Commissioner Turner asked the city Attorney to look into the matter of whether the road is under the state Road Department. It was deoided by consent that this should be done. Mayor Brown said that Mr. Lewis should be oontaoted the following day and if possible have him come down to Clearwater within the next day or so. CODunissioner Lynn felt it should be turned over to the state Road DelXirtment. After further disoussion it was agreed by consent that the City Manager should oontaot Mr. Lewis relative to state aid and arrange for a meeting with the COlTJnission. It was deoided that the City Manager should not advertise for bids until after that meeting. Oommission next gave consideration to letter from the Shell Oil Company, whioh was read by the City Clerk dated November 30, 1951, regarding lease for servioe station on Clearwater Beaoh, as follows: November 30, 1951 "City of Clearwater Olearwater, Florida ATTENTION: MR. F. C. MIDDLETON CITY MANAGER Dear Mr. Middleton: Thank you for your letter of Novembe~ 21 in which you outline the City's proposal for an extension of our servioe station lease on Clearwater Beaoh. 1. It was our understanding that your primary interest was that we .make the improvements as approved by the City Counoil regardless of cost, and that no monetary figure would be established. We shall appreoiate your advioe on this .matter. Time will almost preclude our completing the improvements by January 1, 1952, and we shall appreoiate your giVing us more latitude on this particular phase. If you co uld modify th is to read "ImproveII~ents to be com- pleted within sixty days from January 1, 1952", it would give us the required t~e, in view of present scarcity of materials and the heavy workload being experienoed by most oontractors. 2. The term of the lease is agreeable. 3. We should like the monthly rental to read l~ per gallon minimum on all gasoline delivered to said premises. It is very diffioult to confine the l~ to all petroleum produots as that would prohibit our operator from buying any produots from any other source, and also it would necessitate that we keep a very complicated set of records in order to pay rental on suoh things as motor oils, specialties, mineral spirits, eto. We feel that the intent of your letter is that it be limited to gasoline. 4. It is agreeable that we withstand architect's fees. 5. Our under standi ng is that all t axes will be for Shell's account. We shall appreciate your immediate reply to the small discrepanoies outlined so that we may submit the proposal to our Management for approval. It must be understood that our deal if subject to our Management's approval. Yours very truly, Is/ S. A. Gervin s. A. Gervin District Manager" City Manager said that since the company bas been caused some delay due to arahiteot not getting the plans out that additional time should be granted to them. City Attorney oalled Commission's attention to illlportanoe of words, "petroleum. fuel" not being omitted from terms of the lease in conneotion with charge of l~ per gallon oharge. He said that if charge is confined to gasoline only that other prOducts could be so ld in quantity for which the City we uld reoei ve no revenue. Mayor Brown said that letter should be answered and that the ~ords, "Motor fuel" meant diesel l"uel and that any lease should inolude that particular word. Commissioner Blanton suggested that the City Manager and Oity Attorney get together in answering this letter pointing out these taots. The City Manager asked if the request of the Company for additional time be granted to them. It was deoided by oonsent that they should be allowed thirty days. ~. Bill Tomei stated that he represented group from Mandalay Unit No.5, who f'eel that there bas been some oonfusion out there as to the gutter or curbing. He said that it was their understanding that the curbing was bid on and acoepted, and was to be a oertain size J and now they learn that it is not the size that was approved in 'the bid. City Englneer explained that when the contraotor began to lay it it was __1'110<:."--_,. --~...., ~fiJf~;f'; , , . '7,'... ~;! ' , " ,,': " " I r " f, r :,.:",~:,':'i~,;',~ ,- ':~ !~. ' %~ , '... ~~ .' ; . .:;,'.... , .. ['" ' '. ..,J ,',.. ".,:_i..' ' '.' .,-" ,,,"...:.;," ,'.,,,..' ,;" ,,' ",;;.,::",~-~".';; ..'..,; ...:2~;~;,;~t::'::{i;:~; /> i,.: :3 If (, !,;.,w, :-, fi,.ri:i'o' :i' t'ri/~';\(\ r ','~" i' , f I ,'. t f ~ -5- CITY COMMISSION MEETING Deoember 5, 1951 , , ',.,:. '~:";:,;:,: ~,:~; : ''. ;'1 ' .! '.'.':, . ~. ',' " , ;. " , -. ..,..,."::.'".;.'... ,',..,'" :I ,:', ":'~' ,: >.", .. ,'" ,,~ '..' .' . :,,','.'......,:,. ' " , "." l ,I , :j :~ j j~ -....., ) ,~~"'l~\, observed that there was a weak spot in the ourb - that he had thought it was a good ourb. He said the Superintendent oame up with another design inoreasing the 4" to 5" and there is no weak spot in this design. He said that there is as muoh conorete in it as the other one had and that the present curb is better struoturally. Mayor Brown said he felt that deoision regarding any changes in speoifioations as oontraoted should not be made until suoh matters have been brought to the attention of the Commission. City Manager stated that he had known nothing whatever of the ohange. Mr. Tomei said he spoke to the Engineer and that he had told him that it would be 6" on the back, 4" on the front, and 5" in the oenter. He said that Mr. Loveliss, the contraotor, said he had had orders to put in 5" all the way aoross. City Engineer said that he had left instruotions for the 6" and that it would carry more water and be sounder struoturally. Mayor Brown said that City Manager should go over and see that the specifioations are being carried out. i Consideration was given to letter from McMullen, MoMullen an~ Pogue, dated December 3rd regtirding sub-lease of Mary's Bait Stand on Clearwater Pier. To this letter was attached list of persons Who signed t~e petition, without solioitation, against the removal of the bait stand from the pier, 51 in number, and asking for a new lease with this stand and suggesting a new location on a portion of Coaohman's Park just to the right of the Causeway going to Clearwater Beach. Commissioner Blanton said he and Commissioner Turner had given the matter a great deal of oonsid- eration and that he recommended that a plaoe be provided on the North side of the Causeway about where the water line pipe goes out from the Causeway, and that a Committee be appointed to handle negotiations for the ohange over to the new looation and report baok to the Commission for final action. Commissioner Lynn agreed with Commissioner Blanton's suggestion. Commissioner Turner said that the North side of the building should not extend farther back than the Clearwater Bay Club right near the water's edge so that it would be hidden from the view of people coming down the hill. He said it would be more convenient to the fisherman on the Causeway. He said it was not in the Parkway, and that if it is going to be on restrioted property it had better be left where it is. Mr. Billet said that if there is no bait stand on this side of the bridge that many trips will have to be made baok and forth aoross the Causeway to get bait for people fishing on the bridge. Commissioner Blanton moved that matter of the bait stand on the City pier be postponed until the next Co~ission meeting. Commissioner Turner seconded the motion. which was voted upon and unanimously carried. Report was made by Commissioner Blanton, Chairman of the Zoning Committee, as follows: I i I' I >1',..,,;.., . (-. -' , , , ~ ....' ' : ':~\;;',:" I. :/.~{~1?~ \ I J i ! :; I r "It should be noted that no change is recommended in the present zoning of the Country Club Addition, Country Club EatBtGB, or Hillcrest tiS was recently reported by the press. Reoommended changes or additlons to present zonings deal mostly with hitherto unzoned areas which have been platted and developed into residential districts since the enactment 01' the present Zoning Map. It should be noted that within this categoxy are Pinebrook Subdivision and that portion of Oak Acres that lies within the City limits. These have both been designated on the new Zoning Map as R-l zones. Other previously unzoned areas have been designated as R-2, R-2-B or B zones, depending on their location. This Committee, after much study and work, unanimously recommend changes in the Zoning Ordinance No. 455 of 1938, as herein set 1brth. We further unanimously recommend that the new Zoning Map of 1951 and changes herewith submitted be adopted and that all zones within the City of Clearwater be made to conform therewith and that the necessary procedure be executed to have the issue of its adoption submitted by referendum to the free holders at the forthcoming general election December 18th. We further recommend that ample publicity be provided to apprise the voters of the urgent necessity of replacing the old outmoded zoning map with a new up to date workable document. We recommend that Section J of Zoning Ordinanoe of 1938 be amended as follows: ;',;,\"' , .......'~."(,~,>~~i,..: <, "strike word, "Six," and insert in lieu thereof the word, "Seven," in the last line of the first paragraph of said seotion. Add immediately after R-2 classification in said Section 3 an additional olassification as follows: "R-2-B multiple dwelling, hotel, apartment, and limited business district." Further, amend Section 5 by adding the following, "Section 5A: "In R-2-B distriots multiple dwellings, hotels, apartments and Limited Business." No premises or buildings shall be used or occupied and no buildings shall be thereafter erected or struoturally altered unless otherwise provided in this Ordinance except lor one or more of the following uses: l. Any use permitted in an R-l District. 2. Any use permitted in an R-2 Distriot. 3. Combination hotel and bu siness bu ildi ng; combinbtion apartment and business building; subject to following limitations: In any hotel or apartment building containing sixteen or more apartment housekeeping units or sixteen or more hotel units (guest rooms) b~siness usages shall be permitted wi thin said building under the main roof thereof to the extent of 1'0 ur business spaoes for th e first sixteen such units and one addit10nal business spaoe for each eight units a bove the sixteen; . ," .~~ '''"-... - , "..,.... . .~ . ~.... ~.... ,~. ...~,~. '.....' ..:c;; ,',L:@~~#j ~;;:;J;,:;;;7~~~f ",',;-, -6- CITY COMMISSION ~TING Deoember 5, 1951 "... , l 'I 1 ,\ , I I j J ,. i~, provided further that no street or exterior advertising or displaying signs,in excess of two square feet in area shall be permitted. for said business Your Conmittee desires to express their deep gratitude to the City Engineer, Mr. Lickton, and to our City Attorney, Mr. Wure, for their untiring assistanoe and ooop- eration in this work. While this is our final report on the Zoning matter your Ordinance Committee is still working on other matters and hope to bring turther recommendations at its final report for the Commission's oonsideration at an early date. Respeotfully submitted this 4th day of Dec~lber, A. D., 1951. /s/ Herbert M. Blanton Is/ J"oe Turner Comn~i tt ee" ,;;.'....:'..\ j ! J 'i 1 I '! j I I I I , I 1 I j Commissioner Blanton made the following additional statement: "The Committee believes the present B-2 zoning regulation on t111s point has proved an impediment to Clearwater's progress. We point to the fact that there has not been a single hotel built in Clearwater proper in the past 25 years. Hotels in which oan be located barber and beauty shops, dress shops, men's wearing apparel shops, insurance offices, travel agencies, air line offices and similar types of business are much more likely to attraot capital for construction purposes, as ~ell as Offering a greater convenienoe and therefore being more attraotive from the tourist standpoint." Commissioner Lynn moved that the Committee's report be accepted; this motion was seconded by Commissioner Turner; vote was taken and motion unanimously carried. Mr. Ben Krentzl:an, Attorney, asked if the proposed new zoning map is a revision of the existing map or a new and better version of it. In adopting the map he asked if the City is changing the zoning on any existing areas. City Attorney said that the map has been completely prepared and changes have been marked, and it is proposed that the Ordinance be passed tonight as the Commission is pressed for time. He said that the map will be in more presentable form when completed, but that exactly as it is now it is co rrect as far as changes are concer ned. Mr. Krentzrr~n then asked if any areas have been changed from B-1, such as Hillcrest. Commissioner Blanton said that none of these areas !lave been changed, and that Country Club ~states will be changed from B-2 to B-1 and a little area near Turner street changed from B-1 to R-2. Mr. Krentzmtin asked if amendments to the Aot have been refleoted on the map and all inoorporated on the new map. Commissioner Blanton said that all are on the work map which is being copied identioally to the new .map. Mr. Krentzman felt that the Committee was to be oongratulated and that it would be of definite benefit to the City. He said that on the existing map in places there is SOIDe confusion about distanoe of set-backs and some clerical errors. Commissioners Turner and Blanton said that they and the City ~ngineer are going to do their best to correct all of-these matters. Mayor Brown asked if Mr. Krentzman felt the proposed changes are needed. Mr. Krentzman said the changes are necessary and most desirable and that a new Zoning Map is badly needed. Commissioner Turner moved that Ordi n8nce No. 614 be taken up for consideration on its first reading. Com.missioner Blanton seconded the motion, which was voted upon ~d unanimously carried. Ordinanoe No. 614 was read by the City Attorney. Commissioner Lynn moved passage at the Ordinance on its first reading. Commissioner Turner seconded the motion, which was voted upon and unan~ously caxried. Motion was lmde by Commissioner Turner that by unanimous consent Ordinance No. 614 be taken up for consideration and passage on its seconu reading by title only and on its third read! ng by reading in full at this meeting. Commissioner Blanton seoonded the motion, whioh was voted upon and unanimously carried. Ordinance No. 614 was read by the City Attorney by title only. Commissioner Turner moved that Ordinance No. 614 be adopted on its second reading by title only. Commissioner Blanton seoonded the motion, which was voted upon and unanimously carried. Commissionr Lynn moved that by unanimous consent Ordinanoe No. 614 be taken up for reading in full and passage on its third and final reading. Commissioner Turner seconded the m.otion, which was voted upon and unanimously ctirried. Ordinance No. 614 was read in full by City Attorney. Commissioner Turner moved adoption of Ordinance No. 614 on its third and final reading. Commissioner Blanton seconded the motion, whioh was voted upon and unanimously carried. Ordinance No. 615 was brOUght to the attention of the Commission by the City Attorney. Commissioner Turner moved that Ordinance No. 615 be considered by unanimous consent on its first reading. Commissi oner Lynn seoonded the motion, whioh was voted upon and unanimously carried. City Attorney read Ordinance No. 615. Commissioner Turner moved adoption of Ordinance No. 615 on its first reading. Commissi one: Lynn seconded the motion, wh. ich was voted upon and unanimously carried. Commissioner Turner moved the consideration of Ordinanoe No. 615 on its seoond reading by title only by unanimous consent. Commissioner Blanton seconded the motion, whioh was voted upon and unanimously oarried. City Attorney read Ordinance No. 615 by title only. Commissioner Turner moved adoption of Ordinance No. 615 on its seoond reading by title only. Commissioner Lynn seoonded the motion, which was voted upon and unanimously carried. Commissioner Turner moved consideration of Ordinance No. 615 on it s third and final reading by unanimous consent. Commies ioner Lynn seconded the motion, which was voted upon am unanimOUSly oarried. Ordinance No. 615 was read in full. Commdssioner Lynn moved the adoption of Ordinanoe No. 615 on its third and final reading. Commissioner Blanton seconded the motion, which was voted upon and unanimously oarr ied. j j I 1 , } ~ ,~ I ~ ...-P~-__' ... I ..~ '-.. " - ,;1JJ~;f:~,~,p:\?:;~j;,r;i,1,::i:;"" ~'~\:j;~1;~~"l;};;'~~~' ;i~;: . ~i~\;<::."',>";\i.;:::;i~.~,, ";"'.:. :"l..',,} <. ':'.. ; < : </ :;,<',' ~ ~:;~';, ;<,~ :i; .'; -,,:{.;,::;- "" ~'7'"': ~;';~:'" < ~,::,> ::;':~:'':'':'l' '..,~;'(?;I~!~';~~~t~ts~Z:. ~~~'(il{a~,~'::.;"k~,"~~"';;..;W"J!.w.fU~#*~~1~~.~~"'~':"..~~__\o,o.t;'u.._~~~~~U~~~at.";U~.\l~~...,,~"t , . "'. " . "\;:''\:l'''!(-::':,{:';.I'i' ,,':, ';;:;;':;\:~r:;:;::;!~\!~...~~t~!e1',;(~f:~':~~+:'f'~~~':;,~~,~:~;c~,:,j ," ,," -7- " ; CITY C0M4IS8ION MEETING Decsnber 5, 1951 There being no turtb.er business to come before the Commission, tbe .meetingw8.s. adjouxned as a City Commission at 11:03 PM, by Mayor Brown. The City Co~ssion now adjoQrned as City Commission and aoting as Board of Trustees for the Pension Plan, heard read oommunioation by ,City Clerk requesting that James Wesley Thompson of tb. e Police Department be taken into tl:1e Plan. Commissioner Turner moved that Jwnes Wesley Tbompson be taken into the P1an. Commissioner Lynn seconded the motion, whioh was voted upon and unanimously oarried. Meeting was adjourned by Mayor Brown at ll:05 PM. ~4~~ ayor-Comm oner Arr-I'EST: H. G. ".,", ,- : < ..' ~, ." ...,.... ,.' . ,':,"~ :.?' ::.':{ i:C ~ ' ;:'}).t;J:S:::: .'.. ..:.,',:<":,'}:;:> . ' .. ~.:;~.:.:..,,, " '.,>"~.?~;',~:~~f~'~:'~~\~t~~$~~~~~~~~,.:: ..... ,,' ,', ,.,", ,.:;,:::,,', o::',:;:.~ ,,'~::,'';:, ";1h~ ,,:;.-,.'.;;~.:.s':: ~.::.c:"" ::' ',' :_,_. ,;,:,)", ~,'C:::"'L-".i.;::~",~;i'~,:~",;"" ,,', ,";~,~;<.;~':':l;~,8'&1\~~m~f!~i.,' CITY COMMISSION MEETING Deoember " 1951 Deoember 3, 1951 Mayor-Commissioner Herb~t M. Brown Commissioner s: Herbert M. Blanton Joe Tur ne r Thomas H. Blaok Garland Lynn ':i~i;X7~?'~f;~~',~",~~",~~",'" , '~~\'t"/f,~~ ~"'~';VJi:, 'P'f\"~ '::'j(?;:;r1~~f!~t.!{~:~" r , Gentlemen: The Regular Meeting ot City Commission, whioh was postponed from Deoember 3, to Deoember 5, 1951, will be held at 7:30 P.M. in the City Hall AUditorium to, co nslder the 1 teniS on a ttaohed agenda. Yours very truly, /s/ F. C. Middleton Ci ty Manager ,', "/', FCM:gg Agenda - Regular Meeting of city Commission Dec. 5, 1951 - Postponed from Deo. 3, 1951 7:30 P.M. - City Hall 1. Approving minutes or regular meeting of Nov. 19, speoial meetings Nov. 21 and Nov. 29. 2. Presentation of tentative plat for Beverly Heights Subdivision by Mr. James C. Karas. ,. Report of City Manager and City Engineer on emergenoy repairs to drawbridge. 4-. Commission's considerati on of fOllowing le tters: A. Shell Oil Company B. MoMullen, MoMullen & Pogue. 5. Committee's report on Farmer's Market. 6. Any items not on the agenda will be considered by consent of tb.e Commission. , AdjourlUllent Commission aoting as trustees of Pension Fund on application for membership in Pension Plan. ---------_.._--~---------------~---------~----------------------------~~------~- November 23, 1951 Honorable City Commissioners Clearwater, Florida Gentlemen: As Trustees of the City of Clearwater Employees Pension Fund, you are hereby notified that J~es Wesley Thompson, of the Police Department, has been duly examined by a local physician and designated by him as a "first olass" risk. The above employee began his servioe with the City on May 10, 1951. He is under 45 years of age and meets the requirements of our Classified Servioe. It is hereby recommended by the Advisory Committee that he be aooepted into memberShip. Very truly yours, Advisory Committee of the Employees Pension Fund /s/ Paul Kane Paul Kane, Chairman x /s/ Helen Peters 'JIm. ,,', /s/ Dick Nelson '. " ..~.~~..,-., ~ , . '.. , ..' . . ;:,:o~,"~.~56~~i_;i~iJi::~r\;~'~t. _.' ~',-~ '.~ '. .', ~,~. :~, _.:.~":' ':. ..>:;.'~<..l ;,..1' " :~<' '-< ..:.. '.,~.;~.~..l."",,,, '," ~ ~,.~ '':.~ .~ ,. ",[.1 '- .'~;'.~'.;:-., ,:;!',~ ~,,'.~ , I CITY COMMISSION MEETING December 5, 1951 Deoember 3, 1951 Mr. Franois Middleton, City Manager City of Clearwater Clearwater, Fla. Deal' Sir: We represent Mrs. Mary Wheatley, who operates Mary's Bait Stand at the City Pier at the foot of Cleveland street. Our olient operates at this location under a sub-lease agreement with Capt. Bill Myers, who apparently leases direot from the City of Clearwater. We understand that some action has been taken regarding the oanoellation of these Leuses for the reason that it violates restrictive oovenants in the deed whereby the City acquired this property. We wish to advise that, as a result of this action taken by the City, numerous persons have protested within the past week to the removal of this bait stand. We enolose herewith a partial list of persons who have protested this move without any solicitation whatsoever. As you know, one of the best attraotions to our tourist population is the fiShing from the Causeway Bridge whioh has increased greatly in the past several years. Beyond a doubt the removal of Mary'S Bait Stand from the pier will practically destroy this fine tourist attraction. For this reason, therefore, we wish to bring this matter to the attention of yourself as well as the City COnllilissioners for the purpose of requesting that an immediate attempt be made to find some method of allowing the negotiation of a new lease between our client and the City of Clearwater at the present location. Our olient's bait stand is not located on the City Pier itself, but stands on its own pilings immediately adjacent to the City Pier. In the absence of any method being satisfactory whereby our client may oon- tinue business at her present looation, we hereby make application for a lease, for the same purposes, of the city owned property immediately to the North of Cleveland Street and immediately to the East of the seawall on Clearwater Bay. Our olient believes that this looation would be equally beneficial to the general public and that she can by planting flowers, etc. make her premises extremely attractive. In the event the City is disposed to leasing this property for the purposes indicated, we would appreciate your notification so that we might then begin negotiations relative to the terms thereof. We are assured that the City of Clearwater will not arbitrarily destroy one of its great assets which is vital to the continued attraotion of tourists to our city. While neoessarily oommercial, this business certainly falls in the oategory of a sports and recreational facility for the benefit of a vast number of our ci tizens and vi si tors. Yours very truly, McMULLEN, McMULLEN & POGUE /s/ Chester B. McMullen, Jr. CBMcMJr:m PETITION "We the undersigned, would like Mary Wheatley to remain at City Pier for our convenienoe." Signed by fifty-one persons "'iII: '.\, . ..,..'.:" ":. . ... ---....~.,_. -- . " ~ : :. t' , ',"';',. ;' ....<; '~'", '/, . .. I!" .,' .' ' ii , "~'" ,", .;',,:,",: .',:. .,', i :~~t~I'; , · ".~"',..,"~ "l,i;'l~~i'\ "C(;;;:;;f;i,;~~I~i~~{;:i;'\;;;:.\.:/.:;~,:;;, ;;~',L;~~,:... ,:. .;, ,', ' 'r"~,;:~\~~ '}~li~~I~ , ,,', ..,.","",,,, I, ,) J;i~,;,Ji/)'* " ,.i ;: , " . , ':~' ,.' . ", ",".;.. L ~ ,:,'",' '~} : :'1 '(.';':':.J,~.:..;t , ~ :1 . <;; , . :~ ;~ :.l " q ,,',' :l '",'. i , , , 'J ,1 , '1 , ," . 1 j ~~ 1 ; , , , , . " . ,. . . ; :' '.' " '..," ,e' >ct..., ,::";~;r;~x~tW1~~r~lf3~:1 .' ;,S;E;;.iJL;,S1:~fii;l~~( ............ .... 3'sj'" ,."':/ .,...- ,.". "'- CITY COMMISSION MEETING December 5, 1951 ORDINANCE NO. 614 AN ORDINhNCE ~rnNDING ORDINANCE NO. 455 AS AMENDED SAIvIE BEING THE ZONING ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA; AND PROVIDING FOR SUBMITTING THIS AMENDMENT TO A REI.'ERENDUM BY THE FREE HOLDERS OF THE CITY OF CLEARWATER. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: SECTION I. That Seotion III of Ordinanoe No. 455 as amended, swne being the Zoning Ordinanoe ot the City of Clearwater, Florida, be and the same is hereby amended to read as follow s: "SECTION III. USE DISTRICTS. For the purpose of classifying, regulating, and restrioting the location of trades, industries, and other uses, and the location of buildings ereoted or structurally altered for speoiried uses, the City of CleHrwater is hereby divided into districts, of whioh there shall be seven, known as: (R-l) RESIDENCE DISTRICTS (R-2-A) MULTIPLE DWELLING DISTRICT (R-2-B) MULTIPLE Df\'ELLING, HOTEL, APARTMENT HOUSE AND LIMITED BUSINESS DISTRICT. (B) BUSINESS DISTRICT (M) MANUFACTURING DISTRICT (UZ) UNZONED DISTRICT (p) PUBLIC DISTRICT which said distriots, together with their boundaries, are shown in full upon a certain map marked, "The Zoning Map of the City of Clearwater, Florida, of 1951," signed by the City A.udi tor and Clerk and the City Manager, and countersigned by the Mayor- Commissioner of said City, and consisting of an index sheet and bearing the date of December 5, 1951, said map aforesaid acoompanies and is hereby adopted as the official Zoning Map ot the City of Clearwater, Florida, and by referenoe thereto is hereby made a part of this Ordinance. No premise or building shall be used or occupied, neither shall any building be erected, altered, or extended for use or occupancy tor any other use or purpose than that permitted in the district in which such building or premise is located." SECTION II. That Paragraph numbered 9 of Seotion V of Ordinanoe No. 455 as amended, same being the Zoning Ordi'nance of the City of Clearwater, Florida, be and the same is hereby amended to read as follows: "(9) Acoessory buildings and uses necessary to and oustomarily inoidental to any of the uses permitted in R-2 zones ~en located on the same lot and not invnlving the conduct of a business other than customarily carried on in oonnection with uses permitted in R-2-A zones, including private and storage garage when looated not less than 40 feet from the front lot line nor less than 20 feet from any other street line or 3 feet from any and all lot lines, or a private garage constructed as a part of the main building; provided, however, that non-oommercial (not operated as a business within itself for profit) publio parking lots ~nd/or spaces on vaoant lots or portions thereof for parking passenger motor vehicle~ shall be permitted in R-2-A zones. SECTION III. That Ordinance No. 455 as amended, same being the Zoning Ordinanoe of the City of Clearwater, Florida, be and the same is hereby amended by amending the title to Section V so that the same will read as follows: "SECTION V-A. USE REGULATIONS, "R-2-A" MULTIPLE DWELLING DISTRICT.1t and by adding Section V-B as follows: "SECTION V-B. USE REGULATIONS (R-2-B) MULTIPLE DWELLING, HOTEL, APARTlliNr HOUSE, AND LIMITED BUSINESS DISTRICT. No premises or buildings shall be used or ocoupied and no buildings shall be hereafter ereoted or structurally altered, unless otherwise provided in this Ordinanoe, except for one or more of the following uses: I. Any use permitted in R-l District. 2. Any use permitted in R-2-A Distriot. 3. Combination hotel and business buildings; combination apartment and business buildings subjeot to the fOllowing limitations: In any hotel or apartment building containing 16 or more apartment housekeeping units or 16 or more hotel units (guest rooms) business usages shall be permitted within said building under the main root thereof to the extent of fOllr business spaces for the first 16 such units and one additional business space tor each additional 8 units above the number of 16; provided further that no street or exterior ad,vertising or displ~y signs tor said business spaoes in excess of two square feet in area ahall be permitted." ...., .~"~--- I'" '---," , I I I. , - II - -- ',;\,: . .. . ,l~:-:"- ' "....J:',... ':':':"';""" ,: "':t~":,;' /, ,.. _'.... ';~ .;.... ,.., ,.. :''''~~ "_..:J..' :'" ~~:. ~\.,' 1:::.." ;; "..: :,;,{, \>,', ': u . ... '. " , , "';'>""'~~':i"~;'Pi':'~I~~~?~;:'~:(:'C~~;::>: 7~~:+ ',':?JJ.'~~:~~7,ftj,r'j~1~~~!;t., """ ,_. "",,":;;,i~"'!,:;i<,;~,~d.~:;"ili,~&~~i~~~!,~;;: :){(:.j~;;,'f '0, \",': ,.,. ~"'\.~'"'''.''._>''''' ,CITY COMMISSION MEETING Deoember 5, 1951 ORDINANCE NO. 614 (Cont'd) SECTION IV. That seotion XI of Ordinanoe No. 455 as amended, same being the Zoning Ordinanoe of the City of Clearwater, Florida, be and the same is hereby amended to read as tollows: "SECTION Xl. LOCATION, HEIGHT AND AREA REGULATIONS: (1) ~o building or other use shall extend beyond the building lines shown on "The Zoning Map of the City of Clearwater, Florida, of 1951." (2) The height of all buildings shall be governed by the City's Bllildill(!: Code and other pertinent ordinanoes or regula tions. ()) ~o lot or plot having an area of less than twenty five hundred (2,500) square feet shall hereafter be used for building in B-1, R-2-A, or R-2-B breas, neither shall any building other than aooessory bllilding be hereafter erected thereon h~ving a ground floor enolosed axea of less than seven hundred fifty (750) square teet exolusive of porches and breeze~ays. SECTION V. That Section XVIII of Ordinanoe No. 455 as amended, same being the Zoning Ordinance of the City of Clearwater, Florida, be and the same is hereby amended to read as :follows: "SECTION XVIII. INTERPRETATION, PURPOSE AND CON]~ICT. In interpreting and applying the provisions of this Ordinanoe they small be held to the minimun requirements for the promotion of health, safety, morals, and general welfare of the oommunity. It is not intended by this Ordinance to interfere with, abrogate, or annul a~ easements, oovenants, or other agreements heretofore existing bet~een parties; provided, however, the jurisdiction and authority of the City Government of the City of Clearwater to enfo~ce building and zoning restriotions shall be confined to the enforoement of the provisions o~ this Ordinanoe and neither the City nor any department or employee thereof shall in any wise involve the City in the enforcement of any privately created easements, covenants, restrictions or agreements between such parties." SECTION VI. That all Ordinances and parts of Ordinances in confliot herewith be and the same are hereby repealed. SECTION VII. That this Ordinance shall become effeotive when approved by a majority of the qualified electors of the City of Clearwater who are freeholders within said City voting at a special eleotion called and held in the manner provided by the City Corrilldssion of said City for the purpose ot determining whether this amending Ordinanoe shall go into effect. PASSED AND ADOP~D by the City Commdssion of the City of Clearwater, Florida, in session duly and legally assembled: PASSED ON FIRST READING UPON UNANIMOUS CONSENT OF THE CITY COMMISSIONERS PRESENT AND VOTING THIS ORDINANCE WAS FASSED ON SECOND AND THIRD READING December 5, A. D , 1951 Deoember 5, A. D., 1951 IsI Herbert M. Brown Mayor-Commissioner Attest: Isl H. G. Wingo City Auditor and Clerk .' ,'. ,... ",' -~ .~I"t'"" 353 . , , tr""'i'.},,,e""'li" :', .i\\;.t);,!:,<t:'!~::, CrrY COMMISSION MEETING Deoember 5, 1951 , ",. ORDINANCE NO. 615 AN ORDINANCE PROVIDING FOR A SP~CIAL MUNICIPAL ELECTION TO BE HELD IN CONJUNCTION WITH '!HE REGULAR ELECTION ON DECEMBER 18, A.D., 1951, SAID SPECIAL ELECTION TO DETER- MINE WHETHER C.t!.lRTAIN PROP0SED AMENDMENTS SHALL BE MADE TO THE CITY ZONING ORDINANCE AND THE ADOPTION OF "THE ZONING MAP OF THE CITY OF CLEARWATER, FLORIDA, OF 1951." I 1, ! '.. " ,', ' ,'" . I .' ~ {". \.,.-.:.:.,,'."~ :J :1 J J 1 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: SECTION I. That a speoial munioipal eleotion shall be held in the manner herein provided, on Tuesday, Deoember 18, 1951, for the purpose of determining whether oertain proposed changes shall be made in Ordinanoe No. 455, the City Zoning Ordinance. SECTION II. At suid special municipal election said proposed ohanges to said Zoning Ordinance as inoorporated in Ordinanoe No. 614 shall be submitted to a vote and said Ordinance No. 614 voted upon shall be aocepted or rejeoted as a whole. i I J . . . i 1 1 . SECTION III. Only qualified electors of the City of Clearwater, Florida, who are free holders wi thin said City of Clearwater, Florida, shall be eligible to vote in said special election. SECTION IV. All pe~sons shall be considered as qualified free holders in the City of Clearwater, Florida, who shall be registered as suoh aooording to law, as evidenced by the records of the Supervisor of Registration of Pinellas County, Florida, and as shown on a certified list thereof submitted by said SuperVisor fifteen days prior to said eleotion. Registration books for the purposes of said election shall be closed thirty days prior to and inolusive of the election date. SECTION V. The list so certified and submitted by the County Supervisor of Regis- tration shall be open to pUblic inspeotion at the offioe of the City Auditor and Clerk upon receipt of same from said Supervisor and it shall not be neoessary to otherwise pUblish the names list ed th ereon. SECTION VI. At least four days before the date of said election the City Commission of the City of Clearwater, Florida, shall meet at the City Hall for the purpose of reviewing such registration list and to restore any name or names to suoh list as may have been improperly omitted or stricken therefrom. The registration list so revised and completed shall constitute the list of voters eligible to vote in such eleoti on. Notioe of meeting to revise the list shall be gi ven at least one week before said eleotion by publioation one time in a newspaper of general ciroulation in the City of Clearwater, Florida. SECTION VII. The City Commission shall cause to be published in a newspaper of general circulation in the City once a week for two conseoutive weeks a notioe stating the purpose of the eleotion, the polling plaoes, and the class of persons eligible to vote therein, the first publication to be at least ten days before the date of the election. SECTION VIII. Votes in such election shall be oast at polls set up in the City Fire Station on North Garden Avenue in the City of Clearwater, Florida, and the Clearwater Beaoh Fire Station on Mandalay Avenue on Clearwater Beach in the City of Clearwater. The polls shall open at 7:00 AM Eastern Standard Time and close at 7:00 PM Eastern Standard Time on the day of said election. SECTION IX. Inspeotors and Clerks of the election shall be appointed by the City Commission exoept that if the Commiss ion shall fail to appoint same at least two days before the date of the election, the M~yor-Co~ssioner shall appoint them. SECTION X. The question to be submitted to the voters at said election shall be whether or not Ordinance No. 614 shall be accepted or rejected as a whole. Voting machines shall be used and the ballots shall contain the question, "Do you favor the adoption of Ordinanoe No. 614'?" The election shall be conduoted in accordance with the provisions of Ordinance No. 567 and other applicable laws. True sample copies of Ordinance No. 614, together with an aoourate copy of "The Zoning Map of the City of Clearwater, Florida, of 1951 J II men ti oned in said Ordinanoe No. 614, shall be posted at each polling plaoe, and said'Ordinance (less the Zoning Map) shall be pUblished in full in two separate issues of a newspaper of general oirculation in Clearwater, Florida, the first insertion to be at least six days prior to Deoember the 18th, 1951. SECTION XI. The result of the voting shall be oertified by returns in duplioate si gned by the Clerk and a ma jori ty of the eleotion inspectors. One copy of suoh return shall be delivered to the Mayor-Commissioner and the other copy to the City Auditor and Clerk, both of whom shall transmit such returns to the City Commission at a meeting to be held at 12:00 Noon Eastern Standard Time on the day fOllowing the eleotion. At such meeting the Commission shall oanvass the returns and deolare the results of the eleotion. .'. -' .. -,',!' I " '; " ,'...,." .~~.,....~l"'_I_"_"'''''__''''' .....-..'"">1flSJ..N,'f"f.~.,r.rl.:'."~.,... '-1 ."",.,..'.., -~ '. - ..- -"\"'''-- ;. .,. 3 �z CTTY COb�rIISSTON MEETING December 5, 1g5z The City Commission of the City of Clearwater met in regular session at City Iia11 on Wednesday, December 5th, at 7;30 I'n�, this meeting having been postponed Prom ldonday, December 3rd, at �:30 PM, with the Yollawing members present: Herbert M. Brown Joe Turnar Herbert NI. Blan�on Garland D, Lynn Absent: Thomas H, Black, Jr. �lso present were: F. C. �fiddleton C. E, Ware S. Lickton Don Genur.� Mezting was called to order by Niayor Bro�vn. Mayor-Commissioner Commissioner Commissioner Commissioner Commissioner City Manager City At�orneq City Engineer Capt, Police Department Cornmissioner Zy�n ivioved that minutes oP regul�r meeting of Novembar 19�h, and special meetings oY Novem�ber 2lst and November 29th be �pproved, in accordance with capies tb,ereof furnished each member in wr iting, and tha�G their reading be dispsnsed with, Commiss3.oner Turner seconded the motion, which was voteci upon and unanimousl� carried. City Engineer presen�ed tentative plat Por Beverly Heights Subdiv�.sion, in accor- dance with request oP Mr, James C. Karas. He said the Subdivision was to be baunded by Tuxner Street, Druid Road, Duncan and Phoenix. l�e said there was nothiug wron� with the map, He said that their ofPice h&d agreed to try to �et proper draiaage �'or this area, and that the probZem is somewhat comnlex bacause oP the ditch tovaard Gulf to Bay. There is a 21�.tt storm sewer which is serving an entire ar ea, axid water is being dumped into this �litr,h. He said that just directly South of Druid Road there is a pess3bility of another Subd3.vision coming in. IP the5 put a ditch in, the people tteat South v�i11 put one in, and t.he tivater will bQ taken from orie and dumped to another. He said iY the water were brought ;o the Eas�t by mea,7s o� a natural creek which drains Skycrest the rest oP �Ghe area could be handled by surface drainageo He asked the Com.�ission to give the problem consideration a,nd instruct their ofi'ice to take necesssry action, Commissioner Blanton moved that t.�e Coa,mission tentatively approve the plat oT Beverly Heights Su.bdivision. Commissioner Tu*ner seconded the motion, whicn was voted �:pon and un�ini.,;iously carried. Qommiss�oner Blanton, Chairman for Commi.ttee on Farmer's Market, reported Yor the Cou:mittee tt�at they recommend a particular portion o� this City property between Court Street �xtension and Chestnui be provided as a perma��ent I,ocation �or the Farmer's Market. I3e said he had prepared a ma� showing t�at area, which he presented �or consideration. He said that th e Coramittee suggested that a 30 year lease be given an the area as indicated on his map, He said the Farmers' lYfarket orig3.nally had a Yive year lEase, af which about three years are yet to run. He said that with a t�irty year lease they wou'ld have a germanent and valuable location. He stated �hat if the Farmerst �arket is allowed to keep the property left after the Court Street Eatension goes through it ruins the value oY the adjoining property which he s�id was v:orth appxoximateTy �20,0OO.OQ if the Farmers' f+�arket is rem.�ued. He said his own oi'�'io� could sel?� it �or that amount within thirty d�ys. He said the area proposed Por the Farmers' Market wo uld give a thirteen Poot alley and a driveway clear througn Prom Court to Chestnut Street. �Iayor Brown explained tha�t the area doH�ntown in which t�e Farmers' M�:a�keti was ;�riginally located tivas needed as a parkin� lot and that wnen the Fasmers' Market was asked to move to its present location that it was not anticipated that a curve wo uld be put in Court Street. He said that tne County has �rranged to have the area fully drained, have storm a nd sanitary sev�ers in, and the e;ontractors are at wo rk �o pave the street. He said that installing this street is e. najor step torvard a new .�ast-V�est thorou�hfare. He said that right-of-wa.y hr�s been procured with the exception of one or two very small lots. He said that he and the Gor�mittee and many c3tizens need a Farmers' Market an�. the ll2erchants' Association should be proud that they have sponsored a Farmers' Msrket. He stated that much wo.rk and e�fort has been put into the pre�ent set-up, such as filling, etc. He felt that the corner should be made available as a valuable building site, and that the matter should be handled as quickly as possible bePore the winte� season so that the Farmers' can co nduct �heir business. He stated that the City moved the building i�efore and probably is in pasition to move it again. Commissioner Blanton said he thought that the Merchants' Association paid Yor moving the t�uilding. Mayor Brown said that the City sp ent upwards of �500.-00 �o have it done. Commissioner Blanton said �"1500.00 was appropriated for that purpose by the old Commission. Mayor Brown stated that a water line was put in down there. �dr, Marquardt, o� �Ghe �ierehants' Association, said tt�at everyone had a great investment in tl�is area. Ae said that the Count� has put a lot iii, t.�e 14Yerc,l�r�nts" Association have added to it, reconditioning the surPaae erzch time it has been moved. He said that this institution helps to bring into tlie community products raised in this ar�a and gives them.an opportunitq to sell them. He said he felt that the City should keep every piece of property it owns for parking areas. He said it should be kept rather than so]_d. He asked that their plan he giyen �ust an d serious consideratior�. Commissioner Blanton asked who paid �or having the building moved before. Mayor Brown said the City paid for movings rebuilding and putting in the water, end he asked Mr. John Chesnu�, County Commissloner, if the County did not Pur nish the marl;r Mr. Chesnut said that the County furnished bot� t,he msrl and fill. Commissioner Blanton said that in moving they will no-t lose all the iill tha� has been put in. Commzssioner Turner said that �;liis groject was started when he was in the Chamber oP Commerce. He said at that time he visualized it as gxo�ving, sa that it would be one of Clearwaterps ( nd fi11 wh3ch wus used, and that the City did the Pilling r�hd laying of the m�rl) ��3 -z- iCITY COMrdISSION MEETING Decmiber 5, 1951 greatest assets, that it would be an inducement to tourists to buy homes here as it � uld show the widely varied pxo ductivity o� this CQunty. He said that hia thought in having it moved was not to shove it off to one side as a stepohild, but to p7.ace it in such position that the property would be propexly used. He said he would preier to see the Farmers' btarket �equire tlia rest of the property in th�t corner grac�ually as needed rather than have one commercial en�erprise take it over. Comm.issioner I,ynn called attention to the Paot that the looation proposed by the Committee wo uld give three openings to the business rather than the one they now have, NLr. Ra; Baum, representing the Cloarwater Merchants� Associatioti, sub- mitted plan as pr epar�d by their oommittee. He said that if they w ere given 100 Peet on Prospect a�d 100 Peet on Court Street, which is one thixd of the amount of their present leased land that it would not be enough. He said they had a meeti.ng witt� tae Engineer and the City Manager in Septanber or �ctober, and th.at after that meating the �tter apparently was not furiher pursued by tlie Ci.ty. He said that they inPormed the Gity a� that meeting that they vtnuld move any time, as they realized when ttie contractor was ready to work tha�t they needed to be able to do so. He said that meeting was ealled by Commissioiier Blanton and �h.h.e Committee, who stated at that time that �hey wanted to clear the matter up then. He said tila� tb.is meeting was heldr and it was f elt bq their group that mora titue should be spent thinking the proposal over and studqing further into it. He said that Mr. Logan and al�o ut ninety per ce,nt of the Farmers' Market AssociatiGri and the Mexchants' Association went out to the location and studied possible areas quite thoroughly and at length, and the discussion all led back to the agreement t�iat the ver� rninimum thQy could start with or even consider would be 100 f eet on Court 3treet and 140 ieet on Prospect, which w�u ld be l�ss than half of their prasent size now. He said thr�t the same day this decision was relayed to the City Committee. Nothing �urther was heard a�ter that until last Thursday w� en notice o� the Commission°s Resolution cancelling their lease v�as sent to th em. At that time the bierchantTs Executive Committee, with the Farmers' Market Committee, together with Commissioner Blanton and 1�Sr� Chesnut met and discussed the situation again for about three .haurs an3 again came up wi.th the unanimous de�ision t�at the very bare minimum which could be considered would be 140' on Prospect and 100 fee't on Gourt Street. He sa3_d that �r. �hesnut's only comment at that time was that he would recommend to his Board that whatever arrangement was satis�actory to the Farmers' Market was satisfactory to him. He felt ihat the County should enter into the same deal. He saifl that their business almost collapsed after moving from the Police Station. Their group Yelt it is a coming area, a tremendous asset to the �ommunity, not only as a niarxe$ bai� as ofP the street parking and park f acilities. Mayor Brown said thst their group !�as been most cooperative, a nd that he wi shed to ap�logize Yor passage of Resolution caneelling the lease agreemen� in their absenca. He said it was due to emergency nnly that such action �vas taken by th e Commission, as the contractors were ready to begin work. He said that the questi on of parking is oY primary impor- tance, that all Pree paxking lots have come from ac�ion of the Commission. He said that tne ��rchant's �ssociation have asked that the City hold up pa.rk development Yor the wintex and that this would be done. He added that he felt that part oY the area should be reserved for pa rking with meters installed, which wo uld ensure what the Merch�n',.� want, whien is a turnover of Far king. Mr. Marquardt commented that on.e import�nt �onsideration is the exp�nse involved in moving the me,rket, that it would be mucl� less expenaive i� it were left in the area they have requested, and that }�e site proposed by the Committee would be much more expensive to fill and prepare for occupancy. Commissioner Turner stated that he felt it should not be on tlZe front corner, th�t he felt it would be more advantageous to •the marke�G to be loca�e3 at th e back of the lot. He said that people co uld drive in Court Street and out on Chestnut. Commissioner Blanton.said that he and the Committee had tried to exercise juc�gment as b�siness men, the same kind of judgment they would use if the proparty belanged to theai and they were developing their own business on it. He stated that ne has been a friend of the Market from the very beginnin� and has worked 3o r it s i ni;erest, that he long ago urged th e Commission to do what they co uld for +,,he Farmers' �arket. He said he felt that such a market is of great benefit to any community f and that he wanted to do everything he could Yor it to snable it to grow ar d become a permanent fixturs for Clearwater. He added that he had used his judgmenti sincerely in making the recommendation �ie did as to the proposed locationo Mayor Bxown said that the City owns tier o� six lots acsoss this area, �nd that he felt that tne Msrket should be placed as the Comm.i�tee recommended and a Resolution passed whereby half o� these six lots are reserved and earmarked for par.king purposes (which he Pelt to be preferable, as it is a business area). He saia it would be a step in the direction that the SaPety group recommended at their recent meeting. �ommissioner Blanton recommended that a parking lot be established where people could leave their cars and go shopping downtown and return to their cars; and that a shuttle bus charging 5¢ fare be established to teke them back and forth downtown. DGr. Cle�eland Insco stated that he was on the Comm.ittee from the start oP the Farmers' Mr�rket. He said it was their understandin� when they moved irom the Police Statio,� that it was ttl�..eir last move. He said at that time they were given the impression that the turxi on Court Street would result in only one or two of their stox�s being aP�seted, He said that they �elt that thls suggested move again places the mQrlset in a dead end. He said iP the City would move the market with t�e idea �that the other area will be speeified as a parking area that �Lhey would consider it a better idea. He said they do not want to be shoved into another dead end street. They do not want to be moved onto Chestnut and then wait fpr th at street to be opened. Cornmissioner Turner said that he asl� that as soon as the street is opened that the flow of trafPic wzll be tremendous. Mr. Marquardt i'elt that there ,n,buld be diPferent thinking i� a Resolution wa� passed permanently naming the six. lots as a par�ing proper�y, He said that they had believed. up until now �hat the property was to be sold. Commissa.oner Blanton said that he gave th e ide� that the property is to be sold inadvertently, He said it was not his idea that the City was goin� to sell it, but wanted to bring out the value oP the lot in t�Y.;ng of an ex�han�e to the Commit�tee, � �� _3_ CITY COMMISSION MEETII�iG December 5, 1951 He felu it would not be a fair exchange to give th at pr�perty for the Garden Avenue properi:y, as he felt in the near future that the property wo uld have more value than the Garden Avenue properby does. He said �e � uld not oppose a pxoposition oY giving the area between Court and Chestnut i;o the Market and naming the xest as a parking area or making their area vaider - 75 Yeet - and make the rest parking. Commiasioner Turner said he had never thought oP it as a narking area, but had thought of it only in terms of the �rket drawing trade as stor.es built 4p nearby. He said he �elt tha� the parking 1ot would �lo even hetter. Cor,�missioner Blanton again men�ioned 'nis suggestion reg�rding shuttle bus service ta downtown. Mayor Brown commented that Prospect will also be paved, Comraissioner Zynn said that si�ce Court Street will be a main �:rtery that that area will be a main intexsection and that a parking 1ot will bs very necessary there. He Pelt that the Resolution should be passed at thi� meeting. City Attoxney stated that there is a State law providing Por S�ate aid on Farmers� Markets, and that th ere are thirty nine very Pine Farmers' Markets that have been built in thr: State oi` Florida by the State Departmettt oP Agriculture, He said that one is in �iradenton, and that there �re such mar kets in a11 co unties where the agriculture is higkily diversi3ied as it is in Pinelias County. He said it mi�p t be used in Putt+:re projects here. He suggested that Resolution passed in regard to the parking area not be so tisd up that the State co ul�t not come in a nd build a lar ge Faxmers' Market. He sai;i the County was overdue some consideration from the State on a ur�tter of th is kind and suggested that in any Resolution passed that it is not done in perpetuem so that it could not be changed in order that a deal with th� Department o�' xgri�ulture could be made. Mr, J'ohn H. Lo�an said the possibility oP sucY� aid was ex_plored a number oY years ago and that it was learned th�t the �rket would have to be a wholesale market only. He said if proper propertq had been avail- able a wholesale market co uld have been developed, and then money could have been gotten Prom th e Department oY �griculture. �hey do not provide mone9 for retail markets. Fte added that tktere are great possibilities for a Farmers' Market in Clearv�ater. He said it r� uld be a Yi ne thing Yor th e Commi�sion not to set such a rigid plan �or parking that the area could not be used for other purposes. He said it woulc� be a Yi ne thing for th e Commission not to sst suc�. a xigid plan Por ,parking that the are�i could not be used Por other purposes. He saicl if moxe frontage c�uld be given than the 75 �eet on Court Street he felt the �Gerchants� kssociation and the Farmers' 3Jiarket wo uld greatly appreciat2 it. Commissioner Blanton Pelt that 3P it were not limited sufi'iciently, Puture Coaimissioners mi�6.t discard it �s a parking lot an@ se11 it. Commissioner Lynn saxd i% co u3d be drawn so that it could. be used as a parking lot until needs of the Farmers' Maxket make it such that they will need Puture �ootage for their purposes.� Comm.issioner Blanton moved that the East 75 P�et of the tier oY lots owned by the Citq lying South of the new C�urt Street Extensi�n oe reserved ior co nveyanee to the County Por use a� a Farmers' A.�arket in exchange fox� the County's lot loaated next to the Police Station, a,nd that the remainder of the property be dedicated as a parking area, subject to any i`uture desirable arrangemer�ts �'or the e�pansion of the Farmers' Market. Commissio.ner Turn.er seconded th.e motion, wh ich w as voted upon and unanimouslg carri�d. County Commissioner John Chesnut asked what wou ld happen if the area were eventually not used as a Farmers' Nlarket. City Attorney said that if'the County had it that it was �,h.eir responsibilit9 from then on to see that it is maintained as a Farmers' Market as lon� as they wantied to have it. He added tpat the City would be certain in con- veying the pr�perty that �ther.e would be no covenan� running with the land wh�reby a FarmersT Niarket would always have to remain there. Ae said that the details o� the conveyance must be threshed out with the County b efore the conveTance is made, One 03 the Parmers present s�id t�at i� met with their approval, and�Mr. Rav Baum, oi the F�rmers' Iviarket Association, said that he was sure it v�ould meet with the appro-•al of the Merchants' Association. Mr. Chesnut asked iP the City Attorney would atten.d the meeting with the County when this matter is presented to them. He sst a ten��ative meeting for Tuesday with the City Attorney, �he llth o3 Dsc�bex. Mayor Brown asked if matt$r of �ill, etc., could be brought up at some future time. Mr . Baum said that th ey wo uld be gl.ad to d.i scuss it at any time . �r . P6arquardt asked i� one or �wo or more of tne stallQ could be moved now and iet the rest remain until permanent work could bs put on the area. Commissioner Blanto� commented that he felt that that would be satisfactory, Mayor Brown asked if it was all right for the City Englneer and City Ivianager to confer with their Farmers' Association con- cerning moving the stialls and if it would be all right to move them immediately. Ivlr. Ray Baum said it wo uld be perfeetly all right. , Niatter of emergency repairs on th e City drawbridge was hrought be�ore the Commissi�n by the City Nianager, who stated that the job is larger �than it was Pxpected in the beginning, an:d that the City will have to advertise for bids. Commissioner Turner moved tha� the City's report be accepted in regard to repairs on the drawbridge. Commissioner I,ynn secanded ttie motion, which was voted upon and unanimously cerried. Mayor Brown said i•,hat it is a State road by act op the Legis- lature. He said that the State has a:.ways helped, and he wondered i� they would not bear the burden for these repairs. The City Manager r�plied �hat the StatE has finishec� t�eir proposed u�intenance work on tJse bridge. I�ayor Brown said he felt it was the responsibility of th e State by law. Commissione� i3lanton said he Pelt that beYore this heavy expense was contracted that iP it is possible for t.�e State to undertake i� they shauld do s�. At the same time he felt that it should be widened on the ,present Poundation, Mayor Brown said that sooner or later tb.e briflge is going to have to be dedicated to tJle State. Commissioner Lynn stated that tnere has never been a�ormal dedication. Mayor Brown ielt that it v� uld be proper that the State should take it over and maintain it. Commissioner Lyun said he felt iP it were propexly presented to th e State that they wo uld help. Commiss ioner Blanton sa3d he was today given assurance that Mr. Lewis, the State Highway Engineer, could be brought over irom Bartow to loak over from Bartaw to look over the problems regardin� the extension of Court Street beyond Missouri l�venue. Mayor Brown suggested that he be brought over next wesk. Commissioner Turner coi�curred in this sug�estion ��,_ CITY COIV�iISSION I��EETING � Deoember 5, 1�51 and asked that t�he law be ohecked regarding the responsibility af the State in this matter. City Manager said the bridge is in dire and serious condi�ion and that iP it jams once more the Army will have to build a p�ntoon bridge m oross there. He said that when the State Road Enginser was here tha�t ha recommended that the City get busy imniediatelg and protect wha't is left - that there isn't mueh, an� that it must soon have repairs. Fte said he and the Engineer would be glad to get Mr. Zev�is to come aver, �ut that he and the Engineer �elt i� theix duty to bring the serious nature of the bri.dge condition to the a�tention oP the Commission in case some�Ghln� skould happen. City Engineer said that est3.ma�ed repairs to the bridge would be in the neighbor.hood o� �9,g00.00, that it is in bad shape. Commissioner Turner asked the City Attornep to look �nto t�e ma�Gter o� whethe.r i,he road 3s under �he State Road Department. It was decidea by co n�en�t that t�tiis sYiould be donee Mayor Brown said that I�r. Lewis should be contacted the fo�lowing dAy and if possible have him come do�vn to Clearwater witllin the next day or so. Coumissioner Lynn f elt it ahould be turned over to the State Road De�rtment, After fur�her disausaion z� was agreed by consent that the City Mattagzr should contact I�ir. Lewis relative to State aid and arrange 1`o x a meeting with the Commissi on. It was decided that the City Mana�er should not advertise far hids until af�er tha� meeting. Cornmission next gave co nsideration to letter Prom the Shell Oi1 Company, which ;vas read by the City Clerk dated November 30, 1951, reg�rding lease �'or service station on Clearwater B�ach, as followst November 30, 1951 t�City of GTearwater Clearwater, Florida t:TTENTION: MR. F. C. MIDDLETOIJ CITY N1aNAGER Dear Mr. Middleton: TY�ank you for your letter of No�ember 21 in which yo s outline the City's proposfil �or an extension of our service station lease on Clearwater Beach. l. �t was our understanding that your �rimary interest was that we make the improvements r�s approved by the City Council regardless oi' cost, and tha� no monetary figur�s would he established. We shall appreciate your advice on t�his matt�r. Time will al�ost preclude our completing the improve�ents bq J'anuary l, 1952, and we shail appreciate your giving us more latitude on this particular phase. T� you could �iodiPy this to rea3 "Improve�rents to be com� ple�ed within si$ty days from January 1, 195zT�, it wo uld give us the requixed time, zn vie�v of present scarcity oP materials and the heavy workload heing experienced by most contractors. 2. The ter� of the lease is agreeable. 3. �Ne should like the monthly rental to read l¢ per gallon minimum on all gasoiine deli�ered to said premises, It is very difficult to confine the 1¢ to all petroleum pro ducts as that w�uld prohibit our operator from buying any products from any other source, and also it would necessita�Ge that we keep a very �omplicated set oi records in or der to pay rental on such thi.ngs as motor pils, specialties, mineral spirits, ete, We Peel that the intent o� your Zetter is that it be limited to gaseline, t�. It is abreeable �hai, we withstand architect's Pees. 5. Our understanding is that all taxes will be Yor Shell°s account. We shall appreciate your imme�iate repl� to the small discrepancies outlined so that v�e may aubmit �he proposal to our Mana�ement for approval. It must be understood that our deal if subject to our Managemen��s approval. Yours very trul�, /s/ S. A. Gexvin S. A. Gervin District Manager'� City Manager said that since the company ha s been caused some delay due to architeet not gettittg the plans out that additional time should be granted to theme City Attorney called CommissionTs attention to im.portanee oP words, °petroleum i'uel" not being omitted from terms of tJie lease in connection with charge of 1¢ per gallon charge. He said that iY charge is co nPined to �asoline only that other products could be so ld in quautity Yor which the City wo uld receive no revenue. Mayor Brown said that letter should be answered ancl that the words, "Motor fuel" mear�t diesel Puel and that any lzase should incl ude that particular word. Commiasioner Blanton su��ested that the City Manager an� City Attorney get toge�h er in answering this letter pointing out these Pacts. The City lRanager asked if the request oP the Company Por additi onal time be granted to them. It was decided by consent fihat they shoula be a7lowed th3xty aayg. Mr. Bill Tomei stated tk�at he r epresented �roup from �rII�ndalay Unit No. 5, who feel that th ere has been some confuaion out there as to the gutter ox curbing. He said that it was �heir un�.erstancting that the curbing was bid on and accepted, and was to be a certain size, and now they learn that it is not the aize that was'approved in the bid. City Engineer explained that when the ca ntractor began to lay it it was 3�� _5_ CITY CO�idNIISSION I�iEETING Dece�-,ber 5, 1951 observed that there was a weak apot in the curb - that he had thought it was a�ood ourb. He said the Superintendent came up with another design increasing the 4t� to 5" and there is no �veak spot in this design. He said that there is as much concrete in it as the other one had and that the present �urb is better structurally. Mayor Brown eaid he felt that decision regardin� any ehanges in specifications as contracted should not be made until sueh matters have been brought to the attention oP the Commiesion. City Manager stated that he had known nothing whatever o� the change. Mr. Tomei said he spoke to the Engineer and that he had told him that it would be 6" on the back, 4TM on the #'ront, and 5�f in the cen�er. He said that Mr, Loveliss, �he contractor, said he had had orders to put in 5" all the way across. City Engineer said that he had left instructions for the b" and that it would carry more water and be sounder structurally. Mayor Brown said that City IVtanager should go over and see that t�.e speciPications are being carried out. Consideration was given to letter Yrom �cMulle�, h�IcP�ullen and Pogue, dated December 3rd regrzrding sub-lease of b4ary's Eait Stand on Clearwater Pier. To this letter was attachec?. list of persons who signed t�e petition, without solicitation, against the removal of the bait stand Yrom the pier, 51 in number, and asking for a n.ew lease with this stand and suggesting a new location on a portion of Coachman's Park just to the ri �ht of the Caaseway going to Clearv�ater Beach. C�mmissioner Blanton said he and Commissioner Turner had given the matter a gxeat deal oY consid- eration and �hat he recommended that a place be provided on the North side aP the Causeway about where the tivater line pipe goes out from �he Causeway, and that a Committee be appointed to handle negotiations for the change over to the new loca-�ion and report back to the Comniission for Yinal action, Commissioner I,ynn agreed with �ommissioner Blanton's su�gestion. Commissioner Turner said th at the North side o� the building shou.ld not extend Parther back than the Clearwater Bay Club right near the water's edge ao that it would be hidden irom the viev� oY people co�ir_g down the hill. He said it wo uld be more convenient �to the fishErman on the Causeway. He --- said it was not in the Parkway, and that if it is going to be on restrieted proper�v it had better be lePt �vhere it is. Mr. Billet �aid that iY there is no bait st�nd on this side oP the bridge that many trips will have to be made back and Yoxth across �he Gauseway to get bait Por people fish ing on the bridge, Commissicner Bl�nton moved that matter of the bait stand on the City piex be postponed until the neg� Con:mission meeting. Commis�ioner Turner seconded the motion, whieh was voted upon and unanimously carried. Report was made by Commissioner Bla nton, �hairman of the Zoning Co�mittee, as follows: "It should be noted that no change is recommended in the present zoning oi the Coun�ry Club Additior., Country Club �es, or Hillcrest as was recently reported by the press. Recommended changes or additians to present zonings deal mostly with hitherto unzoned areas whicn have been platt�d aad developed into residential districts since the enactment o� the present Zoning hltap. It shoul.d be noted that within this categ�ry ars Pinebrook Subdivision and that tiorti.on of Osk ticres that lies within the City lj..�nits. These have both been desi�nated on the new Zoning Map as R-1 zones. Other previously unzoned areas have been designated as R-2, R-2--B ox B zones, depending on their loca-tion. This Committee, aPter mach study and work, unani.�ously recomazend cnanges in the 'Loning urdinance RTo. �.55 of �.g38, as hzrein set �orth. We �urtner unanimously recommeLd that the n2w Zoning ?fiap o� 1951 and changes herewith submitted be adopted and that all zones within the City of Clearwater Ue made to conform therewith and that tiie necessary procedure be executed to haj�e the issue o� its adoption submitted by referendum to the iree holders at the forthcoming general election December l�th, We further recomn_end that ample publicity be provined �co apprise the voters of the urgent necessity of repl�c3.ng the o1d outmoded zoning map with a new up to date workabls document. 'JJe recommend that Section 3 oY Zoning Qrdinance o� 1938 be am.ended as f olZow s; "Strike word, +�Six," and insert in lieu thereof -�he word, "Seven," in the last line oP the �irst paragraph of said section. Add i�mediately after R-2 classif icati on in said Section 3 an additional classii'ication as follows: "R-2-B niultiple dwelling, hotel, apartment, and limited business district.« Further, amend Section 5 by adding the following, "Section 5Ac �'In R-2-B distri�ts mul�tiple dwellings, hotels, apartments and Limited Business . �t No premises or buildings sha11 be used or oecupied and na buildings shall be thereafter erected ar structurally altered. unless otherwise providetl in this Ordinance except iox one or nore of the f ollowing uses: 1. Any u�e permi�tted in an R-1 District. 2, Any use per mitted in �n R-2 District. 3. Combinr�tion hotel and business building; combin�xtion apastr�:ent and business buildirg; subjec� to following limitations: In any hotel or r�partment buiZding contair�ing sixteeri or more apartment housekeeping units or sixteen or more he�al units (guest rooms) business usa�;es shall be permitted within said building under thz main roof thereof to �che extent of fo ur business spaces for th e Pirst sixtEen such units and one additi onal buszness space fcr each eight units above the sixteen; -6— CITF CON�v1ISSI0N INE�TING December 5, 19a1 provided �urther tha� no street or extsrior advertising or displaying signs�in excess oP two square feet 3n area shall be permitted. for said husiness Youx Committee desires to express their deep gratitude to the City .�ngine�r, Mr. Lickton, and to our City Attorney, Mr. Wr�re, %r their untirin� assistance and coop- eration in this work. TiVhile this Is our �inal report on the Zoning matter your Ordinance Committee is still working on other mati�exs and hope to bring Purther recommendations at its �inal report �'or the Co�unission's �onsideration at an er�rly date. Respectfully submitted this 4th day oP Decem ber, A. D., 1951. /s/ Her bert M. Blanton /s/ Joe Turner Committee« Conm.issioner Blanton made the following additional statement: 'PThe Committee believes the present R-2 zoning regulation on this Z�oint has proved an impediment to Clearwater's pro gress. �4te point to the fact that �`i,here has not been a single hatel bixilt in Clearwater proper in the past 25 years. Hotels ir whic.h can be located barber and beauty shops, dress shops, men's wearing appare). shops, insurance of�ices, travel agencies, air line ofPices and similar types oi' business are much more likely to attract capital f or construction purposes, as �ryell as offering a gr•eater convenience and therefare being more attractive from the tourist standpoint.�� Commissioner Lynn moved that the Committee's report be accepted; this motion was seconded by Commissioner Turner; vote w as taken and motion unaniiuously carried. I�2r. Ben Rrentzuan, r�ttorney, asked if the proposed new zoning map is a revision of the existing map or a new and better version oP it. In adopting �he map he asked if the City is ch anging the zon3ng on any existing areas. Citiy Attorney said that the map has been comple�tely grepared and changes have been m�rke�, and it is proposed that th e Ordinance be passed to night as the Commission is pressed Por time. He said that the map will be in more presentable �orm when comple�ed, but tha� exactly as it is now it is co rrect as �ar as changes axe concerned, Mr. Krentz�aa� then asked ii any areas have been changed from R-1, such as Nillcr�st. Commissioner Blanton said that none oi these areas ha�p been changed, and that Conntry C1ub �;states w�ll he ch anged frora R-2 to R-1 and a little area near Turner Street changed Yrom �?-1 to R-2. Mr. Krentzman askea if amenclments to the Act have been se�lected on the map and al1 incorporated on the new map. Commissi�ner Blanton said that all �xe on the work map which is beirig copied identically t� the new map,. Mr. Krentzm�n felt that the Cominittee was to be m ngratulated and that 3t would be of dePinite beneYit to the City. He said that on th e exiat3.ng map in places there is s�me eo nfusion abou� distance of set-backs and some clerical Frrors. Commissioners Turr_er and Blanton said thab t,hey and the Citq :�ngineer are goin� to do thsir best to correct all of-these �tters. �iayor Brown asked if. Mr. Krentzman felt tb.e praposed changes are needed. Mr. Ksentzman said the changes are necessary and most desirable and that a new Loning Map is badly ne�aded. Commissioner Turner moved th�t Ordi nance No. bll� be taken up for consideration on its Pirst reading. C�mmissiones Blantan seconded the motion, which was voted upon and unanimously carried,. Ordinance No. 611a. was read b,y the City Attor ney. Commissioner y�nn moved passage of the Ordinanee on its first reading. C�mmissioner Turner seconded the motion, wh_tch w aQ voted upon and unanimously carried. M�tion �was m�de by Commissioner Turner• that by unanimous consent Ordinance No. 614 be talsen up Yor consideration and passage on its second reading by title onlq and on its third reacling by reading in f ull at this meeting, C�mmissioner Blanton seconded the motio_n, wh ich was voted upon and unanimously carried. Ordinance No. 61i� was read by the City Attorne;� by title only, Cosmissioner Turner n1e,v2d that Ordinance No. 61L� be adopted on its second readi7g by title only, Commissioner Blanton seconded tLe motion, which was voted upon and unanimouslq carried. Commissiotxr Lynn moved that by unanimous consent Ordinance 1�To. 614 be tak�n up �'or reading in full and passage on its third and final reading, Commissioner Turr_er seconded the mot�on, which was voted upon a:id unanimously carriecl. Ordi nanee No. 614 was read in full by City Attorney. Commissioner Turner moved adoption of Ordinance No. 614 on i�s third and final reading. Commissioner Blanton seconded the motion, wh ich was voted upon and unanimously carried, Or�.inance No. 615 was brought to the attention of the Cammission by the City Attorney. Commissioner Turner moved that Ordinance No. 615 be eo nsidered by un�nimaus vonsent on its �irs� reading, Comm.�ssior�er ,Lynr� seoonded the r;�otion, which was voted upon a.nd unanimously carried. City Attorney read Ordinanae No. 615. Commissioner Turner moved ad�ption o� Ordinance No. 615 on its fi.rst reading.. Coramissioner Lyr�n seconded the motion, which was voted upon and unanimously carried. Commissioner Turner moved the consi deration oP Ordinance Na. 615 on its second reading by tit le only by unanimous co ngent. Commissioner Blanton seconded the motion, which was voted upon and unanimously carried. City Attor ney read Ordinance No. 6l5 by title only. Commi.ssioner Turn�r moved adoption of Ordinance No. 61$ on its second read9_ng by title only. Corr;misaioner I,ynn seconded the motion, which was voted upon and unan3.mously carried. Commissianer Turner morred consideratio� of Ordinance No. 615 on it s third and Pinal xeading by unanimous consent. Commissioner Lynn seconded the motion, which was voted upon airi unanimously carried. Ordin�nce 1Vo. 615 was xea� in Yull. Commissioner I,ynn moved the adoption o� Ordinance No. 615 on 3ts third and Pinal reading. Commissioner Blanton seconded the motion, wh ich was voted upon and unanimously carried. --"1— ^ CITY C01d�MT58I0P7 I,QEETING Decanbe� 5> 1951 There being no Yurther business to co me bef ore the Commission, the meeting was adjourned as a City Commi3sion at 11:03 P2,�, by �dayar Brown, The Citg Commission nav adjourned as City Commission and acting as Board o� Trustees �or the Pensiott P1an, heard read communication by City Clerk requesting that Tames VTesley Thompaon oP the Police Department be taken into the Plan. Commissioner Turner'moved that �ames Wesley Thompson be taken inf;o the Plan. Commissioner Lynn seco nded the motion, wh ich vdas voted upon and unanimously carried. Meeting was adjourned by Mayor Brown at 11:05 P�, ATTEST: ► D H, G. Win�o, ity ditor ahd Clerk e_'I�''_._' �'" -�-��"'-✓` Mayor-Commi oner � 0 CITY COMMISSION AAEETING December S, 1951 December 3, 195� Mayor-Commissioner Herbext 1Vi. Brown Commissioner s • �Herbert M. Blanton 5oe Turne r Thomas A. Black Garland Lynn Gentlemen: The Regular Meeting oP City Commission, which was postponed from December 3, to Dec�ber 5, �951, K�ill be held at 7:30 P.M, in the City Hall Auditorium to consider the items cn attach�d agenda. FCM:gg Yours very truly, /s/ F. C. Middleton City I�anagex Agenda - Regular Meeting of City Commission Dec. 5, 1951 - Postponed i'rom Dec. 3, 1951 7:3o P.M. - City Hall Approving minutes or regular meeting of Nov. 19, speoial meetings Nov. 21 and Nov. 2g. Presentation o� tentative plat �or Bever ly Heights Subdivision by Mr. James C. Karas. Report of City �6anager and City Engi.neer on emergency repairs t� drawbridge. Commission's consid.ration of iollowing latters: A. Shell Qil Compa�q B. MclvIullen, McMullen & Po�ue. Gommittee's report on Farmer°s I�Harket. Any items .not on tlie agznda will be considered by consent oY the Commission. ° Adjou�n�ent Commission acting as trus�tees of Pension Fund on application Por membership 3n Pension Plan. November 23, 1951 Honorable City Comceissioners Clearvrater, Florida �entlemen; xs Trustees oY the Ci�y of Clearwater �mployeea Pension Fund, you are hereby notified that James Wesley Thompson, oP the Police Department: has been �iuly ezamined by � local physician and de,si�nated by him as a"first class" risk. '!'he above employee bega� his service with the City on May 10, 195�. He is under 1�5 years of ags and meets the requirements oP our Classif ied Service. It is hereby recomceend�d by the Advisory Comi;,ittee that he be accepted into membership . Very truly yours, Advisory Committee o� the Enployees Pension Fund /s j Paul Kane Paul Kane, Chairman /s/ Aelen Peters �s��D3ek Nelaon mh 3�� CITY COMMISSION �IEETING Decernber 5, lggl Dacember 3, 1951 Mr. Francis Middleton, City M�nager City o� Clearwater Clearwater, Fla. Dear Sir ; WE represent NIrs. Mary Vlheatley, who operates Mary+s Bait Stand at the Citg Pier at the foo$ oP Cleveland Street. Our client operates at this location under a sub-lease agreement with Capt. Fiill Myers, who apparently leases direct f�om the City of Clearwater. We understand that some action has bzen taken regarding the cancellation oP these I,eases Por the reason that it violates restrictive covenants in the deed tivhereby the City acquired th is property. We wish to advise that, as a xesult oY this action taken by the City, numerous persons have protested witnin the past week to the removal of this bait stand. We enclose herewith a�e rtial list of persons who have protiested this move without any solicitation w�atsoever. As you know, one oP the best attractions tc our touris� population is the Pzshing from the Causeway Bridge which has increased greatly in the past several years. Beyond a doubt the re�oval of I�ary�s Bait S�and �rom the pier will pxactically destrog this fine tourist attraction. For this reason, therefore, w e wish to bring this matter to the attention of yourseli' as well as bhe City Comm.issioners Por the purpose oY requesting that an immediate attempt be Made to find some method of allowing the negotiation of a new lease between our client and the City of Clearwater at the present location. Our client's bait stand is not located on the Gity Pier itsel�, but stands on its own pilings immediately adjacent to the L'ity Pier. In the absence oP any method being satisi'actiory wherehy our eliEnt may con- tinue business et her present location, we hereby make application for a lease, Yor the same purposes, of the city Qwned property isrcediatelp to the Nortb. oP Cleneland Street and immediately to the East �f the seawall on Clearwater Ba9, Our client believes that this location would be equally benef iciel �o th.e general public and that she can by planting flowers, etc. make her pxe.mises extremely attractive. In the event the City is disposed to leasing tnis property �'or the purposes indicated, we wou13 appreciate your notiYication so that we might then begin negotiations rela�ive tq the terms there��, Vl�e are assured that the City oP Clearwater will no� arbitrarily destroy one of its great assets which is vital to the continued attraction of tou��ists to our city, 4Yhile necessarily comm.ercial, this business certainly falls in the category oY a sports and secreational facility fos th e benefit of a vast number of our citizens and. visitors. CBMcMJr:m PETITION Yours very truly, McItidULI,EN, McNGZLEN & POGUE /s/ Chester B. BQcl�ullen, Jr. ";^1e the underaigned, would like Mary '•Nheatley to remain at City Pier for our convenier�ce , t+ Signed by fifty-one persons 3 SO \ C2TY CUPPi,MMISSION MEETInTG � December 5, 1951 ORDINANCE N0. 511�. AN ORDINANCE AbfENDING ORDINANGE N0. 455 L�:S AMLi�TDED SAIviE BEING THE ZOnTING ORDINANCE OF THE CITY OF CLF�RiNATER, FLORID�; AND PROVIDING �OR SUBMITTING THIS AitQENDMENT TO A REFERENDUIvI BY' Tfi� FRE�. HO�DERS OF THE CITY OF CLEAR4I�ATER. BE IT ENACTED BY THE CI�Y COI�ISSION OF TFIE GITY OF CLEARWATER, FLORIDA; �ECTION I. That Section ZII of Ordi.nance N�. 455 �s amendsd, same being the Zouing Ordinanee oP the City oY Clearwater, Florida, be and the same is her eby amendecl to read as follows: "SECTION III� U5E DZST�ICTS. For the purpose of classi�ying, r egulating, and res�crie�;ing the location of trad�s, i�dustries, and other uses, and the locaticn of buildings erected ar structurally altered Por specified uses, the City of Cle�rwater is hereby di�ided into distriets, of wh ich there shall be seven, known as: (R-1) R�STDENCE DISTRICTS (R-2-A) �TIPLE DL�IELLING DISTRICT {R-2-B� MULTIPLE DY4'ELI�ING, H0�'EL, AP�IRTMENT HOUSE AND LIMITED BUSINESS DISTRICT. (B) BUSINESS DISTRICT (2�6) �+1ANUFA.CTIIRING DISTRICT (UZ} UN70NED DISTRICT (P) PUBLIC DISTRIGT which said districts, together with their bc�undaries, a.se sho:�ur� in full upon a certain map markzd, "The Zoning Map af the City of Clearwater, Fl�rida, o� 1951," signed by the Gity Auditor a.nd Clerk and the City Manager, and countersigned by ttie Mayor- CommissiAner of said City, and co nsisting of an index sheet and bearing the date oP December 5, 1951, said map aforesaid accompanies and is hereby adopted as the oYf icial Z�ning Map oi the City of Clearwater, F'lorida, and by reference thereto is hereby made a part OI' '�12u �1'CZ111A11C2 • No premise or building shall be used or occupied, neither shall any bui?ding be erecteds altered, or egtended for use or occupancy for �ny other use or purpose than that permitted in the district in which such building or premise is located,}t SECTION II. That Paragr.�ph numbered 9 oi Seotion Q of Ordinance No. y.$5 as amended, same be�ng the Zonin� Ordi'nance of the City of Clearwater, Florida, be and the same is hereby �mended to read as Yollows: "(9) Aecessory buildings and uses necessary ta and customaxily incidental to any of the uses permitted in R-2 zones when locatec? on the salne lot and not involving the conduct oY a business other �han eustomarily carried on in connection with us es permitted in R-2-A zones, including private and stoxage garage when located not Zess �han 40 �eet from the Yront lot line nor less than 20 Peei from any other street line or 3 feet Prom any and all lot lines, or a private garage constructed as a paxt of the main build�ng; provided, however, that non-commercial (not operated as a business within itselP for proYit) public parking lats and/or spaces on vacant lots or portion3 thereof �or parking passenger motor vehicles shall be permitted in R-2-A zones. uECTIO;;' III. That Ordinance No. 455 as amended, same being the Zoning Ordinance of the City o� Clearwater, Florida, be and the same is hereby amended hy amencli ng the title to Section V so that the same will read as Pollows: "SECTTON V-k. USE REGULATIONS, "R-2-�" MUI�TIPLE DWELZING DISTRTCT.'t and by adding Section Y-B as follows: "SECTION V'-B. USE REGULATIONS (R-2-B) NNLTIPLE DWELLIIdG, HOTEL, l�P�T�NT HOUSE, AND LIMITED BUSINES� DIS'IRICT. Na premises or buildings shall be used or occupied and no buildin�s shall be hereaYter erected or structurally altered, unless otherwise provided in this Ordinanee, exc�pt for one or more oP the following uses: 1. kny use permitted in R-1 District. z. Any use permitted in �-2-A Distric�. 3. Combination hotel and business buildings; combination apartment and business buildings subject to the Yollowing limitations: I:n any hotel or apartment building containing 16 or more apartment housekeeping units or 16 or more hotel units (guest rooms) business usages sha11 be permitted within said building under the main ruof �hereoP to the extent of Pour business spaces �or the Yirst 16 such units and one additional business space �or eaeh additi onal 8 units above the numbsr oP 16; proro�ided Yurther that no street or exterior advertisin� or display signs Por said business spaces in excess of two square feet in area shal� �e permitted." 3 5"I 3 .5" 2 CI'1TY COD/fMIS.�.ION MEL+'TING Decem.ber 5, 1g51 ORDINANCE N0, 61l� (Cont'd) SECTION TV. That Section XI oP Ordinance No. �.55 as amended, same being the Zoning Ordinana�� oY the City o� Clearwa�er, Floxida, be and the same is hereby amended to xe�d as Pollows: . 'tSECTI0I3 XI, LOCATION, F.�IGHT AND AREA REGUI,ATIONS: (1) N� building or othes use shall extend beyond the building lines shown on 'TThe Zoning Map uT the City oP Clearwater, Florida, ci 1951.. rr {2) The height of all buildings shall be governed by the Gity's Buildi ng Code and other pertinent ordinances or regulations. (}) No iot or plot having �n area a� less than twenty Pive hundr�d (2,500) square Peet shall hereaYter be used for buildino in R-1, R-2•�A, or R-2-B axeas, neither shall any building other. than accessor� building be hereaYter erected thereon having a ground �1oor enclosed area of less than seven hundred �fifty (750) squaae �ee� exalusive oY porches and breezeways. SECTION �. That Section �II oP Ordinance No. 455 as amended, same being the Zoning Ordinance of the City oP Clearwater, Florida, be an d the same is hereb,y amended to read as Pollnws; "S�CTION XVIII. IIQTERPRETATION, PURPOSE kND CON�LIGT, Ir. intexpreting and applying the provis3ons of this Ordin�nce they sh all be held to the minimum requirements Por the promotion oY Lealth, saYety, morals, and general welfare of the eo�munity. It is not intended by this Orcti.nance io interPere w ith, abro��te, or annul any easements, covenants, or other agreements heretofore existing between parties; provided, how ever, the jurisdiction an.d authority oP the Cii�y Government oP the Git� of Clearwaier to en�orce building and zo ning restrictions shall be coniined to the enYoroement oP the provisions of this Ordinanee an.d neiiher the City nor anq department or employee thereoP shall in any wise involve th e City in the en�oreeraent of any privately created easements, covenants, restrictions or agreements between such parties," SECTION VI. That all Oxdinances and parts of Ordinances in con�lict herewith be and the same are hereby r epealed. SECTIoN VII. That this Ordi nance shall became effective whe.n approved by a majo=ity o� the qualified electors oP the City of Clearwater who are fre�holders vzithin said City voting at a special election called and held in the mauner providPd by the Citg Commission of said City for the purpose of determining whether �this am.ending Ordinance shall go into ef�ect. Pr18SED A1V'D 9DOP'I.'ED by the City Commission of the City oP Clearwater, Florida, in session duly and legally assembled: P4SSED ON FIRST R�ADIRTG December 5, A. D, 1951 UPOIJ UIVANIivI�US CONSENT OF THE CITY COIvPfiISSiOIV�RS FRESENT kN� VOTING TfiIS ORDINqNCE WAS PASSED ON SECOND AND THIRD R�DING December 5, A. D., 19�1 /s/ Herbert &I. Brown Mayor-Commissi �ner Attest: /s/ H. G. Willgo City Auditor and Gler k ! �� < 35� CiTY CONMISSI:ON NfEETTNG Deeemhex 5, 1951 ORDiNANC� N0, b1� t1N ORpINANCE PROVIDING FOR A SPECIAZ, MUNIC�PAL ELECTIQIJ TO BE HELD Il�I CQNJ'UNCTION INITH TIiE REC�ULAR EIEL'TIQN ON DECEI�BER 18, A.D. , 1951, SAIA S1'ECIAL EL�CTION TO DETER- MINE 1NH�THER Cr�RTATN �'ROPOSED AMENDN�NTS SI3ALL B� NfADE T0 �i'AE CT`Z`Y' GONI�TG ORDINAI�TCE� AND THE ADOPTTON OF TMTHE ZOIJII�TG MAl' OT' THE CTTY' OF CLLARINATER, FI�o1�IDA, oF 1951." BE �?; ORDAINED BX THE CITY COMNIISSTOI� OF THE GTTY OF CLEARt+VATER, F�,ORIliA; SEC�ION I. '�hat a special municipAl elea�ian sha11. be held in the manner hexein provided, on Tuesday, December 18, 1q51, �'or the �ur�ose of determining whether cex�Gain proposed changzs shall be made in:Ox�dinance Na. 1�55, the City Zo�ing Ordinance, S�CfiI0i3 Ii, At �aid special municipal election said proposed changes to sa5.3 Zoning Oxdinance as incorporated in Ordinance No, bll� shall be submit�ed to a vote and said Ordinance No, bi4 voted upon shall be accepted or rejec�ed as a whole. SEGTION 22I. Only qualiiied electars o� the City of Cleaswater, �`lorida, who axe Yree holders within said City ai` Cleaxwater, Flarida, sha11. be eligible �o vo�e in said special election. SECTIOI�T ZV. All persons shall be considered as qusl.ified free holders in tha City of Clear�vater, Flcxiday who shall be registered a� such soaording to la�y, as evidenced by the recards a� t he Supervisor of �;egistration oi Finellas County, Floxida, and as sh own on a cex tified lisi thereoP submitted by said Supervisox fifteen days prior 'to said election. Registration tsook9 ior the purposes oP said election shall be closed thirty days prior to and inclusive af the election date. SECTIQN V. The list so certified and suomitted by t�he C�unty Supervisar of Regis- tration sha11 be open to guhlic ins,pectian at the oPfice of the City Auditor and Clerk upon receipt oP ssme �ram said Super visox -snd it sha11 not be necessary to otherwiss publish the nsmes list ed thereon. SECTION YI. At l.east f�ur days be�ore the date oP said election the City Commission o� the Gi�Gy oP Cl�:arwater, �'lorida, shall meet at the Gi�Gy Hall ior the purpose of revie�ving sueh reglstration list and to restare any name or names �Go such list as may have been impropExly omitted or st;xicken there�xom. The re�is�ration list so rev3sed and completed shall con�titute the list oi voters eligible to vote in such eleetion, Notice of ineeting to revise the list sha11 be given at l.east one week before said election by publication one time in a newspapex of genera]. oirculatiot� in the C�ty oY Clearwater, �lorida. SECTZ�N VII. '�h.e City Commission shall cause ta be published in a newspaper of general cixeulation in the City once a vuaek 3or two cQnsecutive weeks a notice ata�in� the purpose of the e1�a�Gion, the polling places, and the class of persons eiigible to vote thexein, the iirst publiaation to be at least te,tt days bef�re the date of �he election. SECTION VII2, Votes in sueh election shall be cast at polls aet up in the Ci�Gy T'ire Station on Nas�h Garden �.venue in the City oP Clearwater, Florida, and �he �learwatex Beach �ire Station on Mattdal,ay �lvenue on Clearwater Beach in t,he City of Cleexwater. The polls shall open at 7:00 Al�d Eastern Standaxd Time and elose at 7;p0 PM Ea�tern Standard Time on th� day oi said election. SECTION IX, �nspec$ars ar�d Cler ks of th e election shall be appointed �y the City Commission zxcept that if t�e Co�miasion shall Pail to appoint �ame at least �wo days bePoxe the date oi the e].eet.ion, t,he �aqor--Commissioner shall appoint them. SECfiION �L. The question to be submitted to t.�e voters at said election sh.all be whether ar not Ordi nance No. 61�. shall be �ecepted ox rejected as a whole, Votiug machines shall be used and th e ballots shall contain �Ghe questian, "Do you Pavor ttie adoptian of Orciinance No, b1J�?" The el,ection shall. be conducted in accor dance with the provisions of prdinan.ce rro. 567 and other applicable laws. Tr•ue sample copie� oP Qrdin.ance �Io. 6i1�, tagether with an accurate cogy oP '�The Zoning Map of the City oY C1.earwater, �'].orida, o� 1q51�� mentioned in said Orclinance No. 611�, shall be posted at each polling place, and said"Ordinanee (le8s the Zonin� Map) shall be published in Yull in iwo separate issues oP a new�paper of �eneral circ�.lation in Clearwa�ex, F�orida, �he ffrst insertion �to he at least six days prior ta December the 1$th, 195i. S�CTION XI. Tl�e resu].t of the v�ti.ng shall be certi�'ied by xeturns in duplica�e signed by the Clerk and a ma joxity of the e1ec��ion inspeci:�rs. One copy oi sueh .retuxn shall be delivered to the Iulayox-Commisaianer anl the o�Gher copy to the Ci�ty Auditox and Clerk, bath o� whom sha11 transmit such ret�zrns to the City Corumissi�n at a meeting to be held at 12:00 I3ao.n Eagtern Standard Time on the day i'nllowing the eleetian. I�t such meeting the Commission ahall canvass the retarna and declare the reaults of the election. CITY CODI�tIISSI�N ME�TINC Decembex 5, �.951 (7RDSNANCE DiO. 615 (�ont.+d. J SECTION XTI. This Ordinance shall become ef�ective immediately upon its passage. k1�S8ED AND ADQE'TED by the Citq Cornmission oY tt�e City ot Cleaxwater, Florida, in session duly and le�ally assembled: P,ASSED OI3 FIRST READIN� December 5, A.D. , 1951 UI'ON UNA�TIMOJS CONSENT OF ALZ COIJ�v1ISuI0PTER5 P�4ESEN'I' AND VOTI'i3G BEING FIRST OB`I°AIIQEI� SAID ORDTNANCE ;"lAS PASSED ON IT8 SECONA AND TI3IRT3 READING December 5, A•D. , 1g�1 Attest: Js/ H. G. Wingo City 1�uditor and Clerk /sf Herbert M. Brown �ayor-Commissioner 3 S" ?�-