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12/14/1951 ... ~ :.-.J:t!<;-' ~"';;',;::,' '~i;i=::.'.:'\:~ ".~.. ~ ", ,.\ ),-. '.It':\" ..', I'" I : 1~~~~t;\'~1j "''C,."c.''::'''}':''''') " :~<~~:::~';";::::! , . . .'. , '::':, ,:..:,;<..;<.\~,::~,:~.:..; 'I.:,' ::"::,;.',:,!' . " .I i I~ '--' I ,.,;:"'~, ,1/ i ",-", ,I , ~ .. . . ~., ' '. ,:.', .. i , .' 'i ,I '., .... ......'1 ..,.:.,1 .' .- . . .....". ~:; ". . '! ':' . " !~, V',:,';:,-',(" ....,' , . .' ;., ~. :. . . ....,., ''''>'.'.::'': ,.~ ,:!;c.. .~U ,,;~,~:;;~,'~::",Vi":t; .,/:::;.-".: _i~L.:,,~~:/\;'~P}~~:;;;' 1: :,?:,: ":;, . ~}. 35 S ]X;k;;~X~~~;j)\1~; tf . "'. r.;,", ..."..~jll''''~~' 'h , :',:; .;.t/ ~ ~.f ~1.:1~ :.-:~ ~~-r.~~\~,~[ ~ \ ~.~: :f\ t., J < >.' .....J.!tl .p'"., , 1;:;jj~t:~'i~~I~l~ [:. .. :C}\ . l '. CITY CmlNISSION Ml!mTING December 14, 1951 The City Commission of the City or Clearwater met in special session at City Hall on l<'riday, December 14th, at 12:00 PM, with the rolloVlin~ !llembers present: Herbert M. Brown Joe Turner Herbert M. Blanton Garland D. Lynn Thomas H. 131ack Mayor-Commissioner Commisoioner Oommissioner Commisaioner Connniss ioner Absent: None Also pro sent: 1". C. Middleton C. E. Wa re S. Lickton George T. McClamma Meeting was called to order by Nayor Drown. city 1,10 no r,er City Attorney City Engineer. Chief' of' Police Mayor Brown sta ted tha t the purpose of the T.leeting wa s to re store any names to the list of qualified voters for the general election of' 1951. GOl1ll11j,ssioner Black moved that there bein~ no persons appearing requesting restoration of' his name to the ballot list that the list be approved as sullmitted by the City Auditor and Clerk. COlm'1issioner Turner seconded the r;lOtion, which was voted upon and carried. City Clerk asked for approval of the payment to Election Inspectors of' $11.00 per day for the twelve Inspectors who will be at the City Polls on ~Iesday, December 18th. Conu;1issioner Black Iiloved that payment to twelve Election Inspectors of $11.00 per day a s requested b~r the City Clerk be approved. Commissioner Turner seconded the DIotion, which wa s voted upon and unanimously carried. i '.; ",' ,:.p" , i I.., . I:: r. ,. COl11I!lissioner Black sum~ested to the City Managp.r in connection with breakage of light globes on tl1e Causeway Brid~e due to f'ishing activity conducted there that a fine wire netting could be put around each of the ~lobes - that the only coat 'Would be the original cost rather than constant replacement as several are replaced each month. City Manager stated that such globes cost the Cit~r $80.00 in one week - the highest amount ever spent, anci that he agreed that sor:tething should be done to reIIledy the situation. He stated that wire nettln~; Vlould have to be in two pieces bolted together so that bolts could be taken out and the globe reI:Joved, and that it would have to have a base and be strong enough to withstand pressure. lIe said perhaps an al'ea of ten feet on each side of the l:1ghts could be marked off and fishermen for- bidden to fish in such areas. COJ1l'i1issioner }jlack :felt that the large crowds would preclude such an arrangeMent. City Manager said that the Pishing Club would help enforce such a regulation. CommissionAr Black asked the City Manager to get an estimate of the cost of enclosing the globes. 1I1ayor Brown felt that the appearance of such an a rranger.1ent should be kept in l:11nd, and he did not feel tha t much regula tion reg~rding fishing should be done. He said that perhaps one of the Firemen could work up a sample of a wire enclosure and take it down and see Y/hat it looks like. ComMissioner Turner suggested a larrlp post type of' covering for the lights - a dome, open sides, base, and four supports at the four corners joining the top and base. City Manager said that recently a lighting company has sUg(r,ested that lir,hts be placed above the bridge down the center, which vTould elirlinate the breakage problem as spoken of altogether. City Manager asked whether selling of :fruits and vegetables on curbs, which is prohibited by City Ordinance, should be abr\lptl~r terminated or f;raduully elintinated. Chief :McClarnna said that Section 4U of the Ci ty Coc1e completely .forbids 611Ch selling. Ci ty Attorney sur;gested that stalls be built for sllch vendors to rent a t the Farmers' Market ~nd let all such persons sell their produce at that center. Chief McClarrnna sugge sted tha t vendors f~O to already exi st Inr, loca tions and a sl~ permiss ion of the Manager to park their trucks on such lots and sell frOM these locations. Mayor Brown pointed out that the Managers in such cases do not :have authority to grant permission, and that if such selling is done on the lot of a r!lerchant doing business under his own Occupa tional License that he would not be authorized to a llow anyone selling other type of goods to operate. It Vias decided by consent that City M,anager should call !<'arr;lers' Market and see if they are .favorable to the suggestion lllade by the City Attorney. There being no further business to CO!:le before the Commission the meeting 'Was adjourned at 1:40 PM. ---;( t/ ATTEST: .... . ;:. " --,....... \ .. ".'~ ': ,~,." ~'~iC''':~';'f-;:~h~:f'.;'';''~;'~j~!,''f1f;<:''''');;;;'~ri:~' ; r~~,'"';~~,jiw;~~"~""'"",~."j'k;'" '. ... . " , , , ' i .. i ,..~ : ! , '-...! ' , ~,l;; ./ , ........ t.t;" 'I ,-.....,. , I I I ....j " ., 'j',.' , .,: : ; ',' " I " ". :'1 ': I " j . . . .' .. ..' :, '.' ...,,'; 'l~ ". ." '., '~:';':'::'~\':;"""-':: :........L.. "1,1""1"'-", .!. ::\~;'r~; :.~:! ~).;..:\""\,~,," ,1~.~ , "". .,'.'" ". :' :',: :.".,;:: ::.,,/ ' . . .. . . '.: . .... . -,"., ,. .. -. .; ., ~ .1.' '. . . ''':;.,' ..,' ~'i:':;~':.':~.~~,>'" ". .....' , . .... .:-. :<'.\.)~.'.'.'.;'.i:.;."'..'. ':.. '." }~'.:O":X:;;."I' .:;. ..' ,:.: ,:.; ::'.' ::: OJ,":', ~ .: '.:':'.'~\:':: ~~ L,.;.":;;,(~:.".,,.\:,(:";i" , , .' , .c.: "~",.,"~J':u;1~jJ..:~~~~~~ ~ '; . .:;.' . ....... .-.'.,.,. . d, , : ,. ~ ; ....:.,. :..'_,,', - .~. t~ .::,.., .'. ~ '..' .'-:"'::;'.' ;'~:.;... __~,...... CITY Cmn,IISSrON :MEETING December 14, 1951 The City Commission of the City of Clearwater met in special session at City Hall on ~Tiday, December 141 at 7:30 PM with the following Members present: Herbert M. Brown Joe Turner Herbert M. Blanton Gnrlancl D. Lynn Thorna s II. IHuck Mavor-Corr~issioner CO;I1II1ia sioner GonuniB s10ner COMrlliosioner Commisoioner Absent: None Also present: F. C. l.1iddleton C. E. Via re S. Lickton George T. McClamna Meeting was called to order by 1.layor Brown. Considerl:ltion Vias given to restoring any namos subI11itted or stricken from the list of qll8lified voters for the special election to be held Tuesday 1 December 18, 1951. No one WBS present who requested any correction. Commissioner Black moved that list as prepared be approved, and that the list of qualified voters submitted by the City Clerk be the list used in the City's Special Election of December lBth. This motion was seconded by Conmlissioner Lynn, and voted upon and unanimously carried. .! . '. ~1 , City Hana~er City Attorney City Engineer Chief' of Police ;.::.... . ~ \, ... .....:. ! . . i ~ .;. J ,.':. !:._~~.:,~~:~,:;'::: .,'.. , i. l. Letter was read by City Clerk from Clearwater Construction Company with reference to purchase of four lots at the Southeast corner of Greenwood and Seminole dated DeceMber 13th as follows: "Request is rnade for the purchase by this company from the City of Clearwater of four (4) lots Elt the southeast corner of' Greenwood Avenue and Seminole Street, approxiLlfl tel~' 130 feet north and south and 230 feet east and west, for the sum of ~2300.00. "On the se lots we propose to construct a t once a raodern and pern18nent office building for the use of this cornpany. ''Your favorable and early consideration of this proposn1 will he greatly appreciated. II Very truly ~rours, Clea l"\'n\ ter Constr1~c tion Conpany /s/ Robp.rt M. Snyd.er Robert M. Snyder" Mayor Brown suggested that the matter be placed in the hands of the Appraisal Committee to learn whether that is the correct va lua tion. COI'IIllissioner Lynn moved that the request of Robert M. Snyder of the Clearwater Constnlction Co~pany be placed in the hands of the Appraisal Conni ttee for their discussion and report. Conuniss1oner Blanton seconded the rnotionl which wos voted upon and unanimously carried. Letter. from Mrs. Mollie Shearer rep,ardin~ purchase of lots at the corner or Fairmont and Uarshall Streets dated December 6th Vias read by the City Clerk as follows: "A rriend of mine 1 Mrs. Crowley, wants to sell me some lots on Ma rshall. ,st. , just below where I livel they are Lots 1-2-3 and the Hent half of Lot 4 (:Norwood 1st bdd). fir understand the City owns the ellst hulf of' Lot 4 aOO Lot 5, of the Horwood 1st Di'lisionl liD"., and I would like to have them, for it would be better to face the house on F'ulton St.1 rather than Marshall 8S the colored people tire on that sl1de. "Lots 1 and 2 ha ve had so l:1uch sand hauled out of ther,1, that they a re not fit for anything, until they could bo filledl but in order to get the other lots r had to take ther". "Mr. Wingo, would you submit the price of lti150.00 to the board in rIY behalf? I can It pay morc than that, and if I could get it for lessl that would help I1le a lot. "Would you let me hea r from you as soon as 1.s convenient, a s I must let Mrs. Crovlley know if r will take he r lots, II Thankin~ you, I am, Re spectf'ully, /s/ Mrs. Mollie Shearar Mrs. Mollie Sheare~ 613 Marshall St," COJnIIliss1oner Lynn moved that this letter be placed i:" ~.he hands ot the COlJ1mittee tor investigation. Commis9ione~ Black seconded the Iliocion, which wa s voted upon and unanimously carried. City l~nager called to the attention of the Committee the probability ot this property being needed for future extension of Myrtle Avenue. Lettor from G. H. J.1el.l with reference to paving and drainage at the corner ,.,-~ . . "":'t:-;:' <~'.:;~~;'~'('>~:,~~~;~'~ " ., . . ~,,' . I,' :/::~j~~~~j~W~~t;!~~,:..~;J{:in"';";"""'~';__''';_';'~ << ."...,," "'1 "I ,'" "~ ',"',:. '4' ,",.:;;.,"; . ....' . I' ,.,...,' '__ f'"T\ ))11.;;':'-,~ ; ,/ i ""';'0).1'':'''''' 1 , j . I , I I I I I 1 .1 '. :',~ ,.:. :.... .' .. ,., "~ ~..'" ',' , . . .1 ...".,.,.",.,.",;,,;,,;~;;i;;;':.,~(~Z;;:~'~'IfJf~~~~" .....357<..';pi> .2- CITY CmlMISSION MEETING December 14, 1951 of Acacia and Bay Esplanade dated December 13, 1951, was read by the City Clerk as follows: "699 Bay Esplanade Clearwater Beach Florida December 13, 1951 nCitjT or Clearwater Clea rwa ter, Florida ATTENTIOH: Mr. F. C. J.l1ddleton, City Manager Dear Mr. l11ddleton: - I - I "As you will recall, a serious drainage condition exists at the foot ot Acacia street (Acacia and Bay Esplanade), near my property. The slope of' Bay Esplanade from Acacia southward is slir,htly downgrade, and the catch basin at the corner of Acacia and Bay Esplanade does not take care of surface drainage. "As per roy telephone conversation with you, I will stand the cost of curb and gutter bordering lot #1, Block 35 of Mandalay SubdiVision, and Mr. F. L. Skinner who owns lots #2 and #3 which face Acacia Street, l~s agreed with me to stand the cost of curb and gutter in rront of his lot, provided the City will install a catch basin on the Ea st side of Bay Esplanade to connect with storm sewer which runs fran the above present catch basin to the bay. "I will see Mr. Skinner today in regard to letter from him, conf1rmin~ his a~reement on the above. "As I understand it, these letters will be brought up a t the Co:mmission meeting tonight ror action by the City. "'. Yours very truly, /s/ G. W. 11ell" .. "I concur in the above, and while I am not the actual owner of' these two lots a t the present time I will guarantee that the curb and gutter in front of the above lots will be paid for either by Iile or the present owners. /s/ F. L. Skinner" COMmissioner Blanton moved that matter be referred to City Manager to work out' details with the property owners and report back a t the next meeting, which will be Monday night. Cor.unissioner Black seconded the rllotion, vhichwas voted upon and unanimously carl'ied. Letter was read by City Clerk from the Clearwater Board of Realtors with reference to zoning dated December 11, 1951, as follows: "Several members of the Clearwater Board of Realtors have expressed considerable concern over the action of the COr:1mission in submitting to the voters for ratifica- tion at an early cate, the numerous changes recently ~de by you in the Zonin~ Ordinance. "These changes were apparently hurriedly arrived at without consideration by the Zoning Board and with little publicity. Zoning is all-important to every citizen of Clearwater, whether he be a 1'reeholder or tenant. Intelligent zoning guarantees development of the community in an orderly and desirable manner. It insures values of investments in real estate against loss by reason of undesirable development of areas for uses which were never contemplated. ItThis rna tter is of such great importance in its impact on present citizens and on the healthy future development of' our city that Vie respectfully request and strongly urge too t you remove this iter,1 froN the ballot to be voted next Tuesday, December 18th. We also urge you to call a series of public meetings after the :first of the year which all citizens may attend and have a detailed study and discussion of all proposed changes. "When a program of changes in the Zoning Ordinance has been arrived at after these meetings, said program of proposed changes be submitted to the public at a special election called for that purpose. ItThe small cost of' a municipal election is inconsequential by comparison with the importance of the n~tters involved. ItThe Board of Realtors he s no axe to grind Vii th anyone. Its only interest 1s to guarantee the public an honest opportunity to learn what effect the proposed zoning changes will have on the cOL1J11unity prior to voting on such changes." Respectfully, Clearwater Board of Realtors /s/ W. S. Shannon w. S. Shannon, Legislative Representative - _...~ .~\.U\_~ ... , "'" .''':.' .,~"'H~l:<~' r. 'r<".~:;"c~ ?::I:' .' . ::;71, ;;i~;c ~'.:~~/\~.J/~~~f; n .',"" "lotr. ;t~'i:~;'l ., ::: ,1 -3 ~ CITY C01U\[ISSION MEETING December 14, 1951 City Clerk then read letter from Clearwater Country Club Addition Aasociation dated December 13, 1951, as follows: "It has been broup'.,ht to my attention that the City has enacted by ordinance 8' ruling of no interference by the City on restrictive covenants in deeds but will enroroe only the provisi ons of the Zoning Ordinance. In view or the .fact that the Country Club Addition is classified as R-2 under the previous Zoninp, Act and, also, under the proposed new Zoning Act.. it will en(\anr,er the enforcement of' sinp;le family residence provisions in the Country Club Addition area. n In view of the fa ct that the se chan~ed condi tiona Via rrant a publio discussion by the property owners of the Country Club Addition before any adoption of the new Ordinance I respectfully request, as ~re8ident of the Country Club Addition Association, that you de:fer the voting on this Proposed Ordinance until a public hearing can be had and changes, if necesfJary.. made to further protect the area in q1.l est i on . "This letter is written 9fter conferring with several members of my Associa- tion who are qualified to render an opinion in the Inatter, am I trust that you can give it your f'avorable consideration." . '. I -- ) .:.._:;';'4'#' .~ , j i i "1 "\ '\ I '.....:i"': Respectfully, /s/ T. A. Johnson T. A. Johnson, Preaident" i I j I j ~ Mr. Paul F. Randolph asked that the matter of zoning changes be deferred until all realtors f:!nd others concerned have had an opportunit~T to study the changes being contemplated. :Mr. H. H. Baskin made the sa!je request. He said that he noted an error in the r.J8p and that all property owners in the areas changed should be advised and r;iven an opportunity to study it. He said that the County has shown interest in putting a hir;hVlay throu~h that area, but that they feel that if' they stay in the R-2 classification and the City does not enforoe tIle restriction in the deeds it mir.,ht make the difference in whether a highway could be put through or not. A restricted a rea Vlould ha ve More weight in Court than a business area. He felt that residents in that neighborhood should ha ve this brought to their attention. People in the Co\intry Club Estates are R..l and Hillcrest is It-l, he said. He felt that the Country Club area is one of the oldest residential areas in the City arter the City began expanding. He said it is difficult to enforce deed restrictions, and that he felt there would be serious regl'ets if it is changed. Corrnnissioner Blanton pointed out that it was already an R-2 zone. He said it is not possible for the City to enforce deed restrictions. City Attorney said that i8 is a fact that Ralph Richards, Geor~e Smith, and City Attorney Ben J~rentzrnan have ruled that the City has no power under the old Ordinance before this new one, to enforce deed restrictions. }.ir. H. H. Baskin, Attorney, stated that the Building Department did enforce them. City Attorney said that it VIas without the lep;al authority of the City of Clearwater when they did. CommIssioner Blanton flaid that the point the Zoninr, Act was changed for was because the City was attempting to do sotllething illegal and something he felt was not good policy - that that is the reason they changed it - that they wanted to malce it workable and a hetter instrument to operate on. He said years of experience in real estate.. and knowing what is best for the owner under the circUIastances had influenced their decision. Mr. Baskin said that what he had stated is correct and that no flore could probably have been put in" but he felt that the public has not had a t'ull and cor'lplete chance to be heard on the matter. He said that the situation regarding the Country Club is so serious that it should be reviewed regarcling changing it to R-l. Commissioner Turner e sked how it happened that the COllntI'"lJ Club was ever made R-2. Mr. Baskin said that it was not lmown to him for a long time, the t a pPB rently it wa s in the original map as R-2, and was generally thought to he R-l until recently when a case came up in Court. He felt the Country Club should be chanp;ed t 0 l~-l. He felt there was no blame to be attached to the City for it re!:mining R-2, but he felt that it should be made R-l as speedily as possible. Cor.mlissioner 131anton said that they had tried not to change any residential areas more than was absolutely necessary. He said a small 8rea near Turner Street was chanp;ed at their request, and approved by the Zoning Board. He said no one asked .for a change in the Country Club - a muaber asked that it be kept in the present zoning instead. lIe said that every representation frOB the Country Club which cat.1e to the Cor;nnittee asked that it renain as it has been. He said a stron~ representation from the Country Club Estates as}:ed that their area be made R-1. Mr. Baskin again recp.ested that the election be delayed for the purpose of giving the public full and complete knowledge and being able to discuss the lnatter with the Committee and try to get the most favorable nap which can be obtained. lIe sta~ed that this request was made without criticism to the Comnission. Commissioner Blanton said that is the new Zoning Act did not p;o into effect it still would not change the Country Club. He said he hael put innur.lerable hourfJ on this work and that he does not intend to put anotller three months on it.. and asked that he be dism:lssed from this phase of the COfnnittee1s work. Mr. Boskin said that ~lr. Smith owns property next to the City Park.. which is a nusiness zone. It is R-2-B on the proposed Zoning Map. He requested that it be left as business .. that he did not know about it until yesterday. He said that he bought it because it Vias busineS's and was so certified by the City Clerk and since it is now to be R-2-B it would destroy a great amount of his property value. COrnr.1issioner Blanton said that Mr. Smith vms informed Lefore the deal Was closed that it was R-2 Zone and that there had been an attempt to give it a business usa~e and that it was done by Resolution.. followed proper channels, and never l~s been a business zone and if attacked by the Courts it would not stand up as a business zone. He said it had never been legally zoned as business. Mr. T. A. Jo}mson, President of the Clearwater Country Club Addition Association, said persons contacted in the group felt it should be left as it is, not from the legal, but the physical standpoint. He said tllat there isn't one multiple dwe1linf, pouse in the area. He said that 1s why the people are interested in having it left as it is. He asked that this area I I I j 'f j ,1 I I 1 l~c ,_ ff~~~11~~~tiG~' '.' ',,' ',. , I'. , . ,', , ,:-. . ~"">;~~:.:': ',;.. . , '.,'.,,:,..:,".. . " t-:..;/...:1.~.;f.::' l".}.,;f~:f~i:;;:\~,: " ,~i'; . .... I,.: ..... .,f,.~. ~~"'''~ t. ( ~i,'. .f ~:'! ". , :5" '. ..' '.'~' -~..:: .". ': '""" """"'"~-'~'''''''''''''''''''-"'''"it;;'i'Si>i'fti~':~,""',":",,~'';:~r.';'""~~:~";J': T;ff~~~~~;(~IS~"~' ,fl '....... . fl'" .. ..:;':':':.:.:::,i..;..;,': ;;':'" ~. . -. ~ , ~. '; I~":>r,, ,:,:;,~'~"""\ I ! 1 i I I . ~ . .. ~.. '1 i I i .....1 'I I ':1 I . I j I , I I 1 . ! ..... __ ..~M't __ . . . ". .~" . . . ,. . ;:..,:.:;;:'!,,;'v::;',;~~i.~;;',,"',;':~t:~~ ,..... ..V."",~\",'\,\l'h'.;"':"d",' ...itl,~I;~~Il~~~ I ,;, ''''I:.';'',"~_~'U'I.......u......H'_''''*~'l'''''~\lhI''''''~~~. . - If ~ CITY COh'll\lISSION r.ll~E'llr:NG December 14, 1951 be kept as it 1s physically and not change it to the legal R-2, which actually has been lep;all'Y set up. He said people in that oreo clid not understand that it VIas zoned R-2, and felt that in requent1np; that it bo left as it is they thought theY' rneant R-l. lvlr. Lloyd Phillips, Attorney, oaid that Hell Harrison owned the entire tract, and in 1922 deeded 011 the area to the COllntry Club, and the yaax' after that filed the first plan, that for S01!le reH~on a second plan was filed. He said that neither plan followed restrictions. lie said that the first 22 lots dee'ded by her to Kertz and Yerks hod restrictions which expired in twenty years and did expire eight or nine years ogo. He flaid thut the lands were then conveyed to a title and trust cor.1pany, and that they c1:lrried ono-far.lily dwellinr, units \'b1eh run wi th the land and will not expire. TOVlElI'd the end of the cleaning up process a p;roup were eonveyed by tax deods or quit cla1ltl deeds to a lnan who conveyed them in a ~roup and then flold thei.l out, and many have no restrictions at all. He said that approx.1r.mtely 20 lots have earege upartments in the rear of the lots which are occupied. HW,lOrOtlS rOOrM'l El re rented in the winter title, He said the restric- tions B re 1n three r,rm,tps: those tha t expired eight or nin~ years ago; some that will never expire; and sone wl-lich have never had reBtrictions. Mr. .Tohnson asked that the ar'ea be allowed to remain in the one-faraily area. r.lay-or Brown said he believed it is generally re~arded as a one-family area, but that it is actually zoned R-2. COIrJI'Tlissioner Blanton said that sone weeks ago the Times, Tribune, and Clea rwater Sun stated that no change wa s being lllBde in the Country Club. Mr. Johnson said the residents thought that by leaving it the same as it had been before that they were leavinp; it H-l; that even it' it were not R-2 legally, in f"act it is R-l. He said residents did not want to be left in position where 1t could be multiple dwelling. COrnr.1iflsioner Blanton said that the rest of the features in the amendments to the map are very neCefJSary to the City. He said that it would be some time anyway before any chan~e could be l~de in the Zonin~ Act, and that another election could be held in the SUlID'ler to make the one change for that area. Mr. Johnson sa id there might be other inequi tie s Which pel'haps should also be studied by others. Cor:11Ylissioner Lynn a sked whether 30 or 60 days would make much difference - whether the COr.1Ti1ission could wa it that lon~ to hold the election. Coramissioner Blanton said the improvement is very !mlch needed. Cormaissioner Blanton said even if the City waited that long there would still be people who would not be satisfied with it. He said there would still be d,issension and that again there w01lld be people to oppose it. Mayor Brown said he felt that COmInissioner Blanton had done an excellent ,job in servin~~ on this Cor.rr.1ittee as well as on other COIl1Il1ittees whose work has been extensive. lIe said he felt it has been such splendid worle tha t as r:tany people a s possible should be inforruod of it and that by one or two minor changes it could be even better than it is. He proposed that the matter be held ove r for a short tinle J tha t another hea ring be he Id on some night other than Corrnnission l11eeting night, and that it be advertised not only in the newspapers but by letter to the various organizations which are interested in it. COlrlmissioner Blanton said if' that is the will of the rr.8.1ority of' the Cornnission he would p,o a long wl th it, but that procrastination often kills or diverts worthy projects and that he does not wish to see this happen to these zoning chanf,es. Mayor l1ro...-lU said tha t whenever anything is needed to be done in the City Goverm'lent he likes to see him on the COrlll1ittee because he pushes and drives it to a successful conclusion and that that is one of' the rea sons he via S put on the Zonin~ Corrnnittee. Mr. Lloyd Phillips said that if the referendura is postponed that it yculd not be feasihle to have it for a year, and that the reason for l1o},din~ it in December is because there will lle an accunrulation of items by that time. He said if' the election were post- poned .it would not be pass ible to hold another one for a f'ull cal enda I" year after that. Mayor Brown said the changes which would be made would be suitable for some time - that some p,o back many years. CO!lul1issioner Blanton Raid that if it is put off for a few months it WOllld still opera te under the old R-2 Country Club - if it were an elect10n 1n lil~rch there would not be a nather one until the f'ollowing yea r and if it is dropped back to havinp, it with the municipal election. it V/ould be a twenty month interim. He said if this is voted down people \'~uld have ample time to decide what they want next December. Nayor Brown said that as a Board of Adjust- nent and Appeal the zoninl~ could be chanv,ed in sorJe instances under the hardship clause, and that the big chanF,es asked for are solved by the ballot. Cor.rrnissioner Blanton cor:unented the t if' it were not vot~d down, there would be twelve months in which a new zoning set-up could be worked out for the corning year. Connnissioner Turner said tha t he vIas under the il':1pression that it vIas H-l, and that property owners there thour,ht it VIas R-l and did not want it changed from that. He said that \'1hlle a great deal of \'lork has been done on the chl.ln~es~ yet he did not want to jeoperdize the people in that &rea. He said he wished that the chanr,es already druwn could l)e put through ~ and tha t the ir problem could be tal{en up. Mayor Brown said that the l!1Bp has been ready only recently, and that the nap should be changed fror:1 It-I. Cornnissioner Lynn E.I sked if it could be lef~ally deferred for six.ty days, and have another voto on it, have it taken fron the ballot a ncl set up a special election in sixty clays or so and have brought bacl{: and put llefore the voters. City Attorney said that it would be corllplicated legally to do this as the Ordinances are the law of this City, and a motion to postpone the election would be out of order. lIe said that only a repealing Ordinance Vlould repeal the tv/o passed. Mayor Brown said that a Illotion could he lI1Bde to instruct the City Attorney to prepare an Ordinance repeal.ing it, but that no motion could be made to postpone the election. Commissioner Lynn saiel that in case it is passed and voted on and passed by the people then would it be possible for the people of' the Country Club petition the City Conunission to effect this change and make it R-l as a hltrclship. City Attorney'! said that this would not be possible 9S the matter of hwrdsh1p exceptions are an individual" not a group" proposition. Commissioner Lynn a sl{ed i1' there is any way it can be changed llefore next December. City Attorney replied that s:l,nce the zoning elections go by calendar year it cmlld be called after the 1st of the year. Mayor Brown said that a portion of the Ordinance should be repealed and not be acted upon by the voters a s a referendurn. COllunlssioner Turner said that perhaps corrections should be made and have it voted on in 30 to 60 daJrs ra ther than hold two elections within a ahort period of time. Mr. Randolph said he knows that if" the Connllission goes on and a~low8 the election to be held that there will be five or six injunctions which will Dmmediately be f"iled against the City and the City will find itself 1n the ; ~ '.', ... .' ,'.., ' .' ,: I f" r ,', ",,,.;.:., ..' f ,.t.v.' . r t'...;,'I'~"t .. I r~\~';'~':' ;;. , j, [. ~~ ,~ I -.-........... ,........1_.. . " , . '. ' , .. ~ ~.i~.,~~...:..j.'.... '.,:,l.~~::, ," ;_:~',L'~? 3~O i ~ 1 I I I . . , I ; l , '. i ~ .5'- CITY. COMMISSION ~mETING December 1/1, 1951 midst of several 1e~a1 battles. Ur.C. L. Durling Raid that he approved :Mr. Baskin's request, and aaked how Much time the people of Clearwater had had to study these zonin~ chunp,es. City Attorney replied that they had had three months; he said that an outline of changes to 1JO fllode wore published at that time. Mr. Darling replied that it tonl<: ntudy of the lIiOp and of the Ordinance to understand such things, and fel t t)w t the OmllJlllsoion could rely on every Civic organization to explain things to the people 00 odditional time is allowed them. He then read comnunicD tion de ted lJecmnhor 14, 1 BE;l, rego rdinf', this rna tter a s follows: Itl~v.owutor Drive ASfJociotion of elOH rwu tHf1, l"lorida IIAt Glour\/utnr'a l,lront Doorn December 14, 1951 To the Oi ty COl'u;1iS/J ion Clearwotor, Flnrlclu Gent1elilen: Re: Ordinance No. 614 Ifr appour )Ull'O on ro(~olJt of VI'. H. E. Pontius, President of the Edgewater Drive AS80c1ot:ton who iu unuhlo to he present and in behalf of the residents of tlle Edgewutol' Dr1vo /Joctlon. II'Thore U 1'0 fOllr nuhd 1 vi o1ons which comprise 75 or 80~~ of the sect:J. on and the plat deeds for eueh of tllo fOllr curl'y H-l restrictions. "The Cit~r of GlnuI'wuter by opprovinr; the applications of the subdividers accepted the provioj ana ~nd to BOInO extent aSRtUned the responsibility to enforce certain provinionn Hnd oopeciolly thllt in respect to R-1 construction. "Section 1n of Orclinunce No. 455 definitely imposes upon the city authorities the obli/;utlon to 1'0<1\111'(1 uny conatruction in the four subdivisions to comply with H-l restrlctluna und llB II l'o:.mlt more than 100 homes hBve been built none of Yh ich are Il1ult iple dwel11nr:n. It 1s a flection of home s - one fam:tly hmnes - and the se people til'S entitlod to llottor protection tlu:ln Vlill ue afforded uncleI' Ordinance No. 614. .......11 '. "It would 1.1 J)PO'I r thu t the proposed Ordinance tends aga inst protecting the lntorcstn of t;ho hOr-ICl OWl\Cl'S anci gives a green light to those who own property but who ure not l'oniclento and who Bre interested primarily from a monetary standpoint. If' such peoplf.~henlro to conotl"llct a In.tilclinrr, which is now allowable under R-I they have tho r1r,ht to llPJ>l~r for on exception in the zoning. "Our lImlor's tu ndl ng of the propo~ed Orclina nee is that the llsua1 and proper prococ!ul'O 10 lJninl~ rovorsod - tha t the city does not intend to give the hone ownerLi tho Pl'otoct10n to which they are entitled through the plat deeds and that it pructic:ully oncourugo8 the erection of multiple dwellings in the Edgevl8ter Dl'lvo suction. '.. ". "Wo thornforo oh.1ect to the proposed Ordinance in two main particulars - "l,'irs t - '.Ph" tit onconrop:en 1\1ul tiple Dwellings in the four subdi visl ons, of which thol'(l n 1'0 nono 0 t p1'e sen t, and would a 11m'" such 'huildinr,s in a proposed ad.loin1np, 8\lhdlviaion und a small plat in the section just north o~ La.Tolla Sllbdi vision. uGocond - It rernovoo froI'l the City author:tties the oblip,ation of protecting the hom6 ovmo r13 of those subdi vis ions aga inst 1I1ul tip1e dwellings vb ich are J1ro- 111hltec1 under the plnt deeds und will force the homeowners to take such action as rnuy be nOCefl11[lry for th~1r protection. "lie olao object to the sugr,ested Zoning I,lap for the reason that it excludes a fow eel'ta in propo rties north of La .To1la subdi vis ion which should be included in the Zone 1Jlotrict. Respectfully submitted, /s/ C. L. Darling The Edgewa te l' Drive Ass oc ia tlon" '1'.""1 '~~~F '$;: ,~,' \-( . \,~ Comninnioner Lynn said that it might be a @;ood idea to let it go a month or so and let them hove their Bay, but that he was willing to do what the ma.iority o:f the COrll:llBllion wont to do, lJut that the Commission is representing the people and that if the I)oop1e Elre not satisfied with it as it is it should bo deferred. City Attorney naid that the ballots have been printed - that only one was printed, the voting rnDchlnos havo been prepared and that it is possible that there may be lep,ally Dorna way to lock the nachines up to shut up part of the ballot. City Clerk oold poop1e nirnply would not be allowed to vote on the matter. Cor.nnissioner Black movod thu t 1:he City Attorney be authorized to write a new Ordinance repea ling Ordinflnco No. 614 and 615 in rep;ard to the zoning ordinance to the Cit-Sr of Clearwater on zon1nF~ Bl'Ilendr.1enta and that the City Clerk should be instructed ill1[l1ediatelv to serve Jntb11c notice of a public hearing for discussion by tp.e public pro and" con as to the proposed zoning chanp,es in the City of Clearwater, to be held ss soon as pooslble or within thirty days. Commissioner Lynn seconded the motion, which was voted upon and carried. Vote was as follows: 1I1ayor-CoI'mnissioner Brown, Corntnlsaionera..B1ack, Lynn, Turner voted Ityes, It and Commissioner Blanton voted, "No". 'a:1';;!.~~~~.It~~~il'f'\.~~~~~ " .~....,..~~ !:.!,~''''.~:.''.,',''.'-''''''''''....'''-' , i i , . : ~". ,I" ~ ' ;,. ;1:':. l':r;Q&~1~;: 1"""."'1' I~~~;~~~;r ' t:,.c",,-,';:\""h' 1'0;;~' [i1i">Xi., ~~$.~~ ~il ~{~t;:' I~' ' i I I I In 1'01 ~flc1;Jot\ If>uO (GIOH1'~llltflr Cuuseway Bridge) "~lr. 1.'rurle1a lUc1dloton 01 ty MnlHlf~or City of Cleurwlttnr GIno :r'WlI tllr, }"lcH,j do Bartow, !<'lorida December 13, 1951 -~ - CITY 00lIMI~SION MEETll1G December 14, 1951 Mayor Brown ~lUggolJted that meeting ue held at 12:00 noon the following day, Sntnrdoy, the 15th of DeceI'1uer. COI'ID1issionel's Blanton and Black and City Attorney atntod thut it would bEl impossible for theta to attend. COIl1r:dssionE}r Lynn said that ho wOlllcl f~O OJ.Otlf~ wlth GOl'nnisnioner IHanton and push the l.'lutter through as q.1ickly an pOlJuiblo.. ". . ~. ~ """"'~'~:;"i"",j.;6.\~~,,~jjii:,:;:':~r,,,,~ ~~ 'it it ~--~ Ci ty UIOl'k l'OIHl lot ter from Sta te Road lJepa l,tment of Plorida da ted December 13, l~lfll, In wh:t.eh thHY ntuted that r.mintenance of the bridge is the responsibility of tho Git~1 or OlflllrvlUtol'. ':Phis lettel' is as follows: DOll r Sir: ltHoforence js ulude to the conversation yesterday between you, Mr. L. O. Hontnr, AlHJiutant lJitltrlct Brmineer (Maintenance) and myself, concerning whose renponnihili ty it Wf.1 s for the 1!1B intenance of the Clearwater Causeway Bridge. You will I'oClall thot I st!::l ted thut I was alrtlost positive it Vias the responsibility of Cleo rWl\ tel', uu t tha t I would check my file 8 iIlunedia tely upon l'e'L-urning to the ~lotrict Office, Hortow. "This i8 to l.lc1vlfJe that a review 01~ our files, correspondence and records in this office reveal tha t the r:lElintenance of the Glea rwa ter Causeway Bridge is a definite responsihility of tile Oity of Clearwater. Maintenance of State Road 60 ber,ins and proceeds ef-sterly to Vero 13each. !<'or the sake of the record, when we resurfaced F'ort Harrison J"venue some ~rears ago, we extended our resurfacing weutfJrly for approx1r.1utely one block on Cleveland Street in order to give us a better ,1ob at the intersectlon of li'ort Harrison Avenue er.d Cleveland Streets. '.rhi9 adclitional ~l'Or}: was done entirely hratis to the Git~r of Glear'-llster. All work in the past was clone b-:r the :JtBte Road Departl'lent on this briclge has been done strictly us a courtesy and I~rutis to the City of Clear\'later. "If I nay not seem too presuI1ptuous, may I hUl:lbly suggest that the Oity of Clearwater rl'laintain this structure in a state of good repair, in order that at Ilone future date, if f,ltld when they decide to requelJt the Department to take this bridge over for rlla intenance, this wlll, in 1'1Y opinion, improve their chances of h.avlnf~ Buch a request favorably considered. It has been my experience ani observa- tion over the past twenty years with the lJeYlartment that when a request is rmde for the Departr1cnt to assume the maintenance of any facility, the facility had a r,ntch be t te r chanee of be ing a c ce pted for 100 in tenan ce, pro vided it wa s in an excellont state of repair. "Kindly permit me to state again that your earnest and sincere approach toward the solutlon of problems involving both the City of Clearwater and the state Hoed Depal'tment gained indeed the respect and adrniratlon of this office. "With kindest personal regards, I rerl1B.in, Yours very truly, /s/ H. E. Lewis H. E. Lewis District Enp;ineer" City lienl:1f~er said that the State Road Department representative had told him that negotiations should be started irnr.1ediately and should be conducted between the Moyor of the City and officials of the State Road lJepurtment. He said that the Cit~r Enr;inecr had stated that there are repairs which need to be I!'l:lde ill1Il1ediately. He said it would be clussed as critical. He said a detailed list 1ms Leen prepared for needed repairs - the total estimated cost was $9,800.00. The City Engineer said that he did not want to be an alarrflist~ but that it is ,1ust a question of' "When?" - that is all. He stated that the repairs included: Replacing approx- ir.1ately 6,000 Ihs. of steel, cleaning Bnd painting the bridge, and replacing any other steel it is found necessary to replace which nay be found during process of work and which is not listed or specified. Commissioner Black moved that the City Manar.er be authorized to ask for bids iJrlMedia tely on the repa ir to the Causeway Bridge, using the list prepared by the Superintendent of the Bridge and Enp;ineer as to the work which is needed to put the hridge in first class condition so that we do not have the hazard which novl exists; materials must be available and work nn.tst be started within one week after letting this contract. Commissioner Lynn seconded the motion, which Wu s voted upon and unanirl10usly carried. City Manager said that repairs would take approximB tely three weeks to thirty days to complete. City Enr,ineer said in sorae places the steel on the bridge is gone, and that if this work is done and if it is painted according to the specifications he has he believes the brid~e would be in good condition for ten years. City Clerk read letter from State Road DeparY~ent of ~~orida dated December 13th, 1951, regardinr; suggested secondary route to facilitate ar:rount of traf'fic cOJl'lin~ down U. S. 19 (State Road 55) and also Gulf to Bay Boulevard, State Road 60 to the Gulf Beaches and by passes the downtown section of the City of Clearwater, as follows: ..,. .-..~,,....'''''''- . '" . ;'..' ". ~'_ . '.' " ~'.;-~' ,.1.""".. .:....1.. <":".!r~..>'\J', '::,t ,. .'~' ,', . 1 '" . ~~'~~~&2~~~1~~1~~~~~~~~~~' ~~~ -7- CITY COMMISSION 1mh"TI:NG Deceniller 14, 1951 "B(!rtow I ~'1orlda December 13, 1951 "In re: 1557-150 "Mr. Francis Middleton "ca ty Uanap;er "City of Gloll)"wll to]'. "Cleo l'\VlI tor I l"lorida "Dnor Sir: "Tlliu ls to uclmm/lodgo E.l letter eluted VocElmber IO, 1951, from lIlr. Courtney CaJ"llpbell, with on ~lttoc:hocl r,llJp of the aity of CleUl'wHter, indicatiJ1~ a suggested Secondl1ry rmlto by Mr. llOl'hfll.t lHulltoJ1; wh1,ch would facil1t~lte the movement or traffic cOJ:11ng c1C1wn 11. S. IU (stuto Boud 55), arid also Gulf-to-Bay Boulevard (state Road 60) to the Olllf BUllClwlI uml uy-puouen the downtown section of the City of Clea rwa te;' . ;,' " , 1 " '. ;.:: ,': !,:..:;. i . 1. "Mr. L. o. HU::3tol", Aan1ntunt Dil1triet Engineer (Maintenance) and I enjoyed reviewin~ thin rwtter witll ~rou une.! M)". C. A. Peterson yestE1rday. "As I stuted to you ~,eaterduy, the Depurtl1ent will be very happy to endorse the exten:Jion of this 1'0\1 to , which EWlounts to a Jlprox:1nta tely three-quarters of a mile and will f~ive UB u pe I'JllUrlOnt connection to State Road 60 (Gulf-to-Bay Boulevard), provided the Count~r Comrni suionors consent to allot su.fficient Secondary funds for this extension. The neCOnfHlry right-of-\'wy, of course, will have to be provided by the City. "As soon LIS you fO}.low thl'Otl/:.h on this, I will ue in e pos1 t10n to recorilmend this to the Stoto HOEHl lJopt:.tl.tmeJlt. "Assurin~ you of l:lY nineero uppreciEltion for your sur,gest1ons and cooperation in this rrlEltter, I relllOin, Cord ia ll~r yours, /s/ H. E. Lewis H. E. Lewis District Engineer" City ME\rH.i1~Or nuid thut t.he City Attorney should be instructed to prepare a letter inutructinr, the County to include this in their appropriation for the Missouri A venue oncl C01lrt tit l'OOt pa ving, which would be an adcled a ppropriation for the 1951-52 budi~et, to be done lnu'lE'lclilJtely. He said it is a part of the appropriation for Missouri A venue. COl,D'11noionor Lynn naiel tho t this would he ve to come back through Mr. Petel'son of the County and back to us and would beonly a matter of the City Attorney J1ropur1nl~ 0 letter. City Attorney that he would not advise that .1ust a letter ho written - he Baid it would have to be followed up by personal representa- tion to the County. lIe uaicl he thought the City Attorney should appear before the County when the letter is preuented. Mayor Brown anpointed Corrrrllissioner Blanton and sa id the t he would :Jervo on the Cot:'111ittee. Cor'lnissioner 13lanton moved that the City Attorney llnd City 1Ilanager take the lllatter up at the earliest appropriate time and sucll otller 1lle~bers of the COl,IDlission a s would like to appear at that time, also; and try urxl \'Iork this out wi th the County Cor~llilissioner. COlrJrnissioner Black seconded the motion, which Wt:.t s voted upon and unanilllously carried. City Manager reported on cost of pa ving of Papaya I Bayr10nt ond Gulr View Boulevard. He saiel the total est~tecl cost was ~8,400.00. He recOlI1l'i1ended that the City Attorno~r advertise for public hearing. COlllrnissioner Blanton moved that the City Attorney edvortise for plllllic hearing and bids for paving of Papaya, I3ayrnont and Gulf View BoulcvfJrd. COlnmissioner l3lack seconded the laotian, which was voted upon and unanilrtOusly carried. There being no further business to corne be.fore the Commission, the meeting was adjourned by lIIl:1yor Urown at 10:05 PM. . -AI /~ /- /~-? -7~, /u/ j}'} /{h-t7t..-~.,- il;:y~_:r-cor:rrnisSioh$:l'r _. . A TrEST: .. .........-- . :-',- CITY COMlIlISSIOn MEETING Decenber 14, 1951 : :-.~ '.:. ~,../~.~ ", ,.. ~,.. (. ,,_,,""iJ~,:..'.J.iJ' .;':\;;i~';,;,; ""'.'J,~1':~~~;ii,:.~i.!~~J;0~'ii:"~'L:$~;~!.~i~{phfdJ2~;;}'~'.i;:.;):':' 3C,J; , .~: ":J1t(*~~~1~~~~~;:,'~'",Lc:'-c';""i ' ..., " ". .',',; :i" ";;:.,' '~~.!"':"';:~'i~L::",~,,:,~~".l'~~..:'::L;~:~ ..;.t.'Jj'A~!:;~ .~~:i~.{~',~~:;,,;,,: ';:";:'.1.' .;;,~,:",:"'j!~I,......~L~,, ~ .(., :~~:"'~"~""" ;..~.' !;' .. .: FCM:GG Yours very truly, /s/ F. C. Middleton City l\lana ger . . . I ~ . - I . I . I December, 13, 1951 :i; t: ' i ! I I, , .,;"1",,.,......1 . ;;>;}i~:k\~:;! ~ ....,..."'.,..'....'.~.:~'..'........i ,'... \r.::.:.:~t:\'~)l'-~.;' ~- :~:::/~Ff~~'~;;\~l ~ . '> '~;:::{~;,,!,::~' ':, ~ :".;'1. . . '"., ; .. .....',tii;Itl .......,1 Mayor-Commissioner Jterbert M. Brown Commissioners: Herbort Blanton <rar1and Lynn Thomas H. Black Joe Turner Gentlemen: The C1ty COtu~ission will meet in special session Friday evening, December 14, 1951, at 7:30 P.M. in the City Hall Auditorium to consider items on the attached agenda. ~# ~.._., <~. ,l' -------------------------------------------------------------------------------~ Agenda - Special Neetin~ of City Cormnisslon 7:30 P. M. - Dec. 14, 1951 City Hall Auc1itorium ': I, - 1. Restoring of any omitted names to the list of ~lallfied voters for the special election - Uec. 18, 1951. 4. Con~alssion's consideration of letter fro~: A. Clearwater Construction Co. with reference to the purchase of four lots at Southeast corner of Greenwood and Seminole. "::";;,."" B. Mrs. Mollie Shea rer with reference to tlle purcha se of lots a t the corner of J?airmont and l\ta rahaIl Streets. /~~:',.;\,;::[;;;':;}~~:;;,'wr:[~, .. .' ~ (, , ~ .",.,'; ,: Y"~' ,)"i:-. '"'''''''':''''1 lt~5;"'''ii1~ ( ""I C. Mr. G. H. Mell with reference to paving and drainage at the corner of Acacia and Bay Esplanade. 5. D. Clearwater Board of Realtors with reference to zoning. E. Pinellas County Title Co. with ref"orence to taxes on lot at corner of Osee ola and Ha ven - Formerly llsed for a pa rkinp; lot. Cornnission's Consideration of contract with Gulf Oil Corp. to furnish gas enrichment oil at the Clearwater Gas Plant - from Jan. 1, 1952 through May 31, 1952. Public nnprovements: 6. A. City ~anager's report with reference to meeting with State Road Department's engineers. B. City :Manager's report with reference to !'epa1rs on draw bridge. C. City 1.1anager's report on paving of BS7fl'ilOnt ancl Papaya between Gulf View Blvd. and Mandalay. AdJournment. Uecember 14, 1951 To: Mayor-Commissioner Herbert M. Brown CO~1issioner Joe Turner Com'-lias loner Herbert M. Blanton Co~rr1issloner Thomas H. Black COIllI:liss ioner Garland D. Lynn There will be a special Commission meeting called in the City Auditorium in the City Hall at 12:15 Noon Dece~ber 15th, 1951, for the purpose of passing Ordinance No. 616 repealing Ordinances No. 614 and 615. /s/ F. C. Middleton C1 ty Lla nager FCM.:mh '\;< ~.. --- 3ss C ITY C QP�II�•1 TS S TOI•d ML+'ET TNG December 14, 1951 The Ci�y Commission of the City of Clearvrater met 3n special session at City Hall on Friday, December l�th, at 12;00 YNI, with the Pollowin� rnember3 present: Herbert 2�4. Brown S�Iayor-Cornnissioner Joe Turner Commis3ioner Iierberi: Id. Blantan Coznrnissioner Garland D. Lynn Commissioner Thom�as H. Black Commissioner Absent: None A1so present: F. C. T��iddl,eton C. E. LNare S. Lickton George T. IdeClamma n'feetin� was called to order b� I�Iayor Bro�r�rn. City P;iana�er City Attorney C1ty Engineer Chief of Police &Iayor Brown stated that the pur�ose of the meeting was to restore any names to the list of qualified voters for the �eneral elecL-ion o£ 1951. Corrmiissioner Black moved that there being no persons appearing requesting restoration oP his naine to the ballot list tl�at the list be approved as subriitted b,y the City A,uditor and Clerk. Commis;�ioner lurner seconded the motion, rvhich �aas voted upon a nd carried. City Clerk �sked £or approval of the payment to �leetion Inspectors of �11.00 per daf for the twelve Inspectors tivho will be at the City Polls on Tuesday, Decenber 18th. Comrnissioner Black noved that payment to �twelve Election Inspectors oi �p11.00 per day as requested by the City Clerk be approved, Corr¢;iissioner Turner seconded the motion, �cvi�ich was voted upon and, unanimousl,-�* carried. Gommissioner Black su�;�ested to the City i,lana�er in connection with breakage of li�ht globes on the Causeway Brid�e due to �ishing activity conducted there that a fine v�ire nettin� could be put around each of the globea - that the onZ,q cost �ould be the original cost rather than constant replacernent as several are replaced each month. City P�anager stated that sueh globes cost the Cit�r �80.OD in one �r�eek - the highest amount ever spent, and that he agreed that something should be done to remedy the situation. He stated that wire nettin� r�ould have to be in t�vo pieces bolted together so that bolts could be taken out and the globe re�oved, and that it ivould have to ha ve a base an3 be strong enough to �rithstand pressure. He said perhaps an axea of ten feet on each side of the 1i�hts coulci be marked off and iishermen for- bidden to fish in such areas. Coranissioner I�lack felt that the 7_a-rge cro�vds would preclude suclz an arrangeMent. City I�ianager said that the Fishing Club tivould help eni'orce such a regulation. Co�unissionar Black asked the City Isianager to get an estimate of the cost of enclosing tY!e globes. Dlayor Brosvn felt tl�at the appearance of such An arranger�ent should be kept in mind, and he did nat feel that much regulation reg�rdin� Piskiin� sliould be done. He said tiza� perhaps one of the Firemen could rror�: up a sample o� a v+ire enclosure and take it down and see �vla.at it looks like. Co�u�issioner `?'urner sug�;estecl a lamp post type of covering for the li�hts - a dome, open sides, Uase, and four supports at the four c�rners joining the t�p and base. C3ty Bianager said that recentl; a liF,hting conpany has su�gested that li�;hts be placed above the bridge down the center, i��hich �^�ould elininate the breal:age probler� a s spoken of alto�ether. City T�ianager aslced rvhether sellin�; of fruits and vegetables an curbs, v�hich is prohibited by Citg Ordinance, should be abruptly terninated or �raduall� eliminated. Ctiief 111cGlarmia said that Section 49 0�` the City Goda completel, #'orbids such selling. City Attorney su�;�;estecl tlaat stalls be built for such vendors to rent at the Farraers� n4arket and lbt a11 such persons sell. their produce at that center. Chief P;icCla�mna su�;�ested that vendors �;o to already existing locations and asl� perriission of the rr�anager to perk their trucks on such lots r�nd sell fror:m these locations. Mayor Brown pointed out that the hIan�gers ir, such cases do not have suthorit9 to grAnt perrnission, and that if such sellin� is done on the lo� of a rnerchant do�ng business under his own Occupational License that he would not be authorized to allo� anyone sellin� other type of goods to operate. It was decided by consent that Citq h4anager should call Farrzers� TcIarket and see if they are favor�ble to the sug�est�on made by the City Attorney. There being no further business to come befor•e �he Co�missi.on the meeting �vas adjourned at 1:40 Phi� .,� �� -�'f��. '" •'G: ' 1Virayoi�-Com�i ri er ''�-Y A TTEST : o ' Qit� uditor a Cle k 0 CI'i'Y COni�,ITSSION Ii1EETTNG DecemUer 14, 1,951 3 5l.� Tlie City Comr.tission of the Cit�f of Clearwrater met in spectal session rat aity Sa11 on Friday, vecembFir 14, at '7:30 Phi with the f.ollowin�; r�ombars present: He rbert b�i . Brown ,Toe Turner Herbert ni. Blanton Garland D. Lynn Thomas I3. �ilack Al�sent: None Also present: F. C. I1idd_leton C. E. �'lare S. Lickton Geor�e T. hIcCla�r.ia I�eeting vaa s called to �rder by A3ayor Brown. nTAvor-Coznmi9 sioner Commissioner Ccmmissioner Corimi3s3oi�er Corrmi3s3ioner City niana�ar CitS* AttorIley City Engineer Ch3ef of Police Consideration vras �iven to restoring any names subm3tted or striclsen i'rom the list oP qlie lified voters for the speciel election to Ue Yield Tuesdav, Decexnber 1f3, 1951. 1Vo one was present v�ho requested any correction. Corrmiissioner Black r.moved that list as prepar•ed be approved, and that the liat of. qurtlified voters submitted by the City Clerk t�e tha 13st used in the City�s Special Elect3on of Dece�ber 18th. Tlris notion vras seconded by Cor,miissioner I1ynn, �and votsd upon and unani�ously carried. Letter was read by Cft�r Clerk from Clarar�vater Construction Company with reference to purchase oi' four lots at the Southeast corner of Greenwood and Seminole dated Dece�ber 13th as follows: °Request is made f or the purchase by this company from the Citg of Clearwater oi f our (a) lots at the southeast corner of Greenwood Avenue and Setninole Street, approxinatels 13U feet north and south and 230 feet east and west, for the sum of $u2300 . 00 . "On theso lots v.e propose to �,onstruct at once a raodern and permanent office building for the use of_ this compan;�, "'Your iavorable and earlg considsration of tYiis pro}�osnl will l�e �reatl� appreciated." Very truly ;�our3, Clearwater Constrizetion Co��anV �s/ Robert &1. 5nfder Robert I��. Sn�der" P�iayor Frov�n su�;�ested that the rr�atter be placed in tize hands of.' the �ingraisal Com�mittee to learn tivhether that is t12e correci; valuation, Comniissioner Lynn movod that the request of Robert NT, Snpder of, the Clearrvater Construciion Cormpany be placed 3.n the hands of the Appraisal Cor.u7ittee for their discuasiun and repor.t. Conunissioner Blanton seconcled the motion, v�hich wae voted upon and unanimously carried. Letter.from filrs. Mollie Shearer re�ard3n�; purchase of lots nt the corner of Fairmont and hfarshall Streets dated December 6th v�ns read by the City Clerk as follows. `rA friend of mine, Mrs. Croivley, ti�ants to sell me some lots on IEiarshall, St., just belo�a ��here I live, they are Lots 1-2�3 and the V'�est half of Lot 4(Norwood lst F,dd ) . "I understand the (:ity owna tre east half of Lot 4 arr3 T�ot 5, o£ the PTo�wood lst Division, °D°., and I v�ould like to l�ave them, for it �vould be better to face the house on Fultor St., rather than Tuarshall as the coloreci peop_le are on that s�d.de. "Zots 1 and 2 have had so much s�nd hauled out of the�, tha� thev are not fit for angthing, until thev could be filled, but in ortier to gei: the other lots I had to take them. ��r�ir. Vlingo, would you �ubmit the price of �150.00 to the board in ny l�ehalf? I cantt pay rr�ore than that, and if I could get it for less, that tivould help me a lot. t'Flould you let me hear fram you as soon as :Ls convenient, as I must let hirs. Crov�ley knoVr if I rvill take her lots.1° Thankin� you, I sm, Re spectitzlly, �s� Mrs. b4ollie Shearer Mrs. P�ollie Sher�rer 613 Ivlarshall St.° Commissioner �ynn moved that this letter be placed i.n the hands of the Corrmiitteo £ar investigation. Couunissionar Black aeconded the motion, which was voted upon and unan3mour�I.y carried. City Manager called to the attention of the Commi;tee the probability af this property being needed for fu:tura extension oi Myr�1e Avenue. Letter fror� G. H, hZe11 with reference to pavin� and dra3.na�;e at the corner _z_ GI7.'Y CQ;�I��iTSSI0I1 P�tI+]ETIPIM December 1.4, 1951 3 .S 1 oP Acacia and Bay Esplanade dated DecemUer 13; 1951, �vas read by the City Clerk as fo7.lowa : "CitS* of Clearwater Cleartivater, Plorida ATTEPiTTUPl: NIr. F. C. h�iddleton, City I+ianager Dear NTr. niidclleton: "69y Bay Esplanade Clearwater Beach Plorida Decemt�er 13, 1951 ��As you v�ill recall, a sexioue drainage condition exists at the foot of Acacia Street (Acacia and Bay Esplanade), near my property. The slope of Bay Es�lanade £rom Acacia southwarcl is sli�;htly down�rade, and the catch baszn at the corne-r of Acacia and Bay Esplanade d oes not take care of surface drainage. °As per rny telephone conversation with you, I will stand the cost oi' curb and gutter bordering lot �1, Block 35 0� NZandalay Subdiv38ion, and P,4r. F. L. Skinner who o+r�ns lots �2 and �3 which face Acacia Street, has a�reed �vith rae to stand the cost o£ curb and �;utter in fran{: of his lot, prov3ded the City vrill install a catch bqsin on the East side o£ Bay Esplsnade to connect with storrn se�ver which runs frcan the above pre.gent catch bAsin io the ba�, °I will see Mr. Skinner todaf in re�arcl to letter fron him, conPirmin� his agreement c,ii the above. °tAs 2 undexstand it, these letters tivill be brought up at the Cor�missiorn meeting toni�h.t for action by the City. Yours very truly; ,/sf G. 1Y, hIe1114 �'I concur in tha above, and whi?e I ar•i not the actual orrner of these two lots at the present time I tivill guarantee that the curb and �utter in front oP the above lots will be paid for eitizer by ne or the prese.nt ovrners. /s/ F. L, Skinner�' Cor�missioner Blanton moved that matter be referred to Cit� hianager to work out' details r�ith the property �wners and report bac� at the next meeting, wkich v�ill be hlonda� night. Cer.vnissioner Eilack seconded the motion, �ichwas voted upon and unaninlously carried. Letter was read by City Clerk from the Clearvrater Board of Realtors v�ith re£erence to zonin� dated veceLnber 11, 1951, as i'ollov�s; �'Several members of the Clearwater Board of Realtors have expressed considerable concern over the action c�i the Co�mission in submitting to the voters for ratifica- tion at an early date, the numerous char_�es recently r.iade b,y you in the Zoning Orctinan�e . "These changes were apparentl� hurriedly arrived at tivithout consideration b� the Zoning Board and �vith little publicity. Zoning is all-important to svery citizen of Clear�vater, whether he be a i'reeholder or tenant. Intelli�ent zoning guarantees development o£ the comrminitT in an orderl,y and desirable manner. T.t insures values of investments in real estate against loss by reason of undesirable development of areas for uses wnich were never contemplated. "This matter is of such �;reat importance in its impact on present citizens and on the healthy i�tture develops;�ent of our ezty thst we respectfully request and stron�ly urge that you remove this itera f roia the ballot to be voted next Tuesdag, llecember 1£�th. VJe a lso urge you to call a sesies of public maetings after the first of the year which all citizens may attend and ha ve a detaiZed study and discussion of all pro�osed changes. �'tUhen a prograr� o£ chan�es in the Zoning Ordinance has been arrived at after these meetings, said program of proposed changes be sub�itted to the public at a special election called for that purpose. ��The small cost of a imznicipal election is inconsequentiel by comparison tivith tho importance of the matters involved. �'Tlze Board of Realtors has no axe to grind vaith anyone. Its only inter�st is to guarantse the public an honest opportunity to learn what effsct the proposed zoning chan�es will have on the co�munity pr3or to voting on such changes.° Respectfully, Cle�rwater Board of Realtors �s� 4V. S . Shannon 4V. S. Shannons Legislativa Representative _,� _ ezm� cor�m7Tsszorr n��;�;�ar� December 14, 1951 City Clerk then read letter from Clear�vater Country Club Addition A3aociatior� dated vecember 13, 1951, as follo�vs: 3.5"8� �rIt has been brou�ht to my attention that the City has enacted by or�inance ra. ruling of no interferenca Uy the C3ty on restrictive covenants in deeds but will enforce only the provisions of the Zonin� Ordinanco. In view of the fact that the Countr5 Club Addition is elaseified as R-2 under the prav3ous Zoning Act and, also, under the broposed new Zonin� Act, it will endan�;er the en#'orcement of single family residence provisions in the Country Club Addition aroa. °In view of the fact that these chan�ed canditions warrant a public discussion by tYie prnperty owners of the CounLry Club Addition "before any ada�tion of the new Ordinance I respectfully request, a s President of the Country Club Addition Associat3on, that you defer tkie voting on this Proposed Ordinance until a puk�lic hearing can be had an_d changes, if nocPssar�r, made to furi;her protect the az�ea in questior_. 'rThis letter is written a£ter conferring witY� several members o� my kssacia- tion ��ho axe qualified to render an opinion in the matter, and I trust that fou can give it your favorable considerat�.ona" Fie spect�zlly, �s/ T. A. Jotulson T. A. Johnson, President`� D�r. Paul F. Randolph asked that the matter of zoriing changes be deferred until all realtors r�nd others concerned have hacl an opportunitST to stud,y the changes being con{:emplated. �Sr. H. H. Baskin i�xde the same request. He said that he noted an err�r in the rsap and that all property owners in the areas changed sYzould be advised and given an opportunity to study it. He said that the County Yia� shown interest in puttin� a highv�a,q t"hrou� thflt area, but that they feel that if they stay in the R-2 classification and the City does not enforce t2ze restriction in the deeds it mi�,ht make the difference in whether a highway could be put through or not. A resLricted area vrould have r.zore weight in Court than a business area. Ae felt that residents in tha� neighborhood should have this brought to their attention. People in the Coi,intrv Club Estates are R-.1 and Hillcrest is R-1, he said. He felt that the Countrv Club area is one of the oldest residential areas in tho Cit� after the City Uegan e:xpanding. He said it is difficult to enfarce deed restr3ctions, and that he felt there would be serious regrets ii it is changed. Commi3sione„ Blanton pointed out that it vaas alreadg an i?-•2 zone. iie said it is not poasibla for the City to enforce deed restrictions. City Attorney said that is is a fact that Ralph Richards, Geor�e Smith, and City A•ttorney }3en Iirentznan have ruled �EhaL the City has no power under the old Ordinance before this nerv one,, to enforce deed restrictions. P,ir. H. H. 13sskin, Attorney, �tated that the Building Department did enforce them. City l�ttorney said that it vras vrithout the legrzl authority of the City of Clear��ater when they did. Co�nlssioner Blanton qaid that the point the Zonin� Ac � vra s changed f or rva s because the City wa s a ttempting to do sornething illegal and soriething he £elt was not good policy - that that is the reason they ehanged it - that they war_ted to mal�e it vaorkable ancl a better instrument to operate on. Iie said years of experience in real estate, and knowing what is best for t-he owner under the circur,istances had influenced the:ir decision. r7r. Baskin said that v�hat he had stated is correct and tha� no r.iore could prol�ably have been put in, but he felt t��ttt the public has not had a ii�.11 and corlplete cliance to be izeard on the matter. He said that the sztuation regarding the Co�ntry Glub ia so serious tI�t it shau.ld be revie��ed regarclin� changing it to R-l. Corrrcaissioner Turner asked how it happened that the Country Club was ever made R-�. ��Ir. �3asl:in said that it was not lcnown to him for a long time, that apparently it was in the ori�;inal raap as R-2, and was generally thou�;ht to be R-1 until recently when a case came up in Court. He felt th� Country Club should be changed t� R-1. He felt there was no blame to be attached to the City for it reraaining R-2, but he f.elt that it should be rnrade R-1 as speedilg as possible. Cormlissioner Blanton said that they had tried not to chan�e any residential areas more than tivas absolutelv necesaary. He said a small area near Turner Street rvas changed at their request, and approved Uy the Zonin� Board. He said no one askecl for a ehange in �he Country Club - a nur�lber asked that it be kept in the present zonin� instead. He said that every represent�tion S'ron the Country Glub ivhich came to the Cor,imittee asked that it rez�ain as it 11�s been. He sa3d a strong re,presantation from the Country Club Estatea asked that their area be made R-l. hIr. Baskin again requested that the election be delayed for the purpose oP givin� the public full and complete knot��ledge and being able to discuss the xnatter with the Coramittee and tr� to �et the most favorable map wYiich can be obtained. He stated that this request vuas msde v�ithout criticism to the Corrmiission. Co�unissianer Blanton said that is the new Zcning Act did not �o into eff'ect it still would not ct�ange tha Countrg �lub. He said he hacl put innur�erable hours on thia rvork and th�t he does not intend to put anotYier thr.eA months on it, ancl asked that he be di.smissed frora this phase of the Committ,ee�s work. Irtr. }3asJtin said that Mr. Smith owna property next to the City Park, which is a�krueiness zone. It is R-2-B on the proposed Zoning l��ap. He requested that it be lei't as l�usiness - that he dicl not knovr about it until gesterda�. He said thAt he bou�ht it because it v��as business ar.d ti�ras so certified by tYie City C1er.k and since it is now to be R-2-B it crould destroy a grept amount o£ his property vttlue. Comr,lissioner Blanton said that I,Sr. Smith vras inforrned t�efore the deal v�as closed that it vdas R-2 Zone and that there had been an attempt to give it a business usa�e and tha�; it vras done by Resolution, followed proper channels, and never has been a business zone and if. attacked by the Gourts it would not stand up as a bi.tsine3s zone. He said it had never been l�gally zoned as businesg. �2r. T. A. Johnson, President of the Clear�^rater Countr� Clun Addition Agsociation, said gersons contacted in the �;roup felt it ehould be left as it is, not froz� the le�al, but the physical standpoint. He sa id tYia t there isn � t one rnultiple awell in�; �ousa in the a rea . Iie s�a icl tiia t ia vrhy the people are interested in having it le�t as it is. He ask6d that this area �_ CITY COIv;�ITSSI0Y1 �+�;;ETTPTG vecember 14, 1951 3 �� be ltept as it is physicall� and not change it to the leual R-2, which actually has Uoen legally set up. He sr�id people in that area did not unc�erstand that it was zoned R-2, and felt that in requestin�; that it be leFt as it is thay thought they rneant R-1. Ivir. Lla3�d Phillips, Attorne�, said that 2iell H�rrison otivned the entire tract, and in 1922 deeded all the area to the Country Club, ancl the qear after that filed the first pTan, that for same reason a second plan vras filed. He said that neither plan followed restrictions. He said that the first 22 lota deeded by h�r to Kertz snd �.'erks had restrictions which expired in tvrenty zfears and clid expire eight or nine years ago. He said that the lands were then conveyed to a title ancl trizst rozlpany, and that they carried one-f&r�lily dwelling units Fh3ch run with the land and will not expira. Tov�ard the end oi' the cleaning up process a�roup �vere con �Fyed by tax aeea� or quit cla3.m deeds to a man who conve,yed thern in a�;roup and tYien sold them cut, and many have no restrictions at alL He said that approxi.xnately 20 lots have garA�;e apa�traenbs in the rear of the lots v�hich are occupied. I1ur:ierous roorils �are rented in the tivinter tirile. He said tYie restric- tions a re in three �roups: those that expired eight or nin� years ago; some that will never exp�,re, and 3orie v�riich have never had restrictions. P.ir, Johnson asked that the ar�a be a11c��ved to remain in the one-£amil�* area. Pdayor B�otirn said he believed it is generally re�arded as a one-family area, but that it is actually zoned R-2, Coimnissioner Blanton said that sorle vreeks ago the Times, Tr�.bune, and Clearwa�ter Sun stated that no change was bein� r.�de in the Coizntry C�ubo b2r, Johnson said the residents thou�;ht that t�y leaving it the same as it had been before that they were leavin� i•t R�I; tYat even i1 it were not R-2 legally, in fact it is R-1. He said residents did not want to be left in position tvhere it cauld be multiple dwellin�. Gomr.iissioner Blanton said that the rest o� the features in the anzendments to the map are very necessary to the Cit�. �ie said that it would be aome tir.ne ranywAy oefore anJ change could be made in the Zonin� Act, and that another election could be held in the surrmier to make the one chan�e for �hat area. I�i.r. Johnson said there mi�ht be other inequities vrhich perhaps should also be studied by others. Corrmiissioner Lynn asked whether 30 or 60 days v�ould make much difference - whether th.e Co�raission could v�ait tha� long to hold the e7_ection. Cormiissionar Blarlton said the improvement is very much needed. Cor.anissioner Blanton said even if the City tivaited that lon� there tiyould still be people who tivould not l�e satisfied with it. He said there v+ould sti17. be dissension and that again there wotild l�e people to oppose it. hla�or Brovan said he felt that Gomrnissioner Blanton had done an excellent job in servin� on chis Coru;�ittee as well as on other Committees whose �vork has been extensive. iie said he felt it has been sucn splendid trorls that as nany people as possible sr�ould be informed of 3_t an�i that b9 one or �wo minor changes it could be even better than it is. He proposed �hat the �atter be held over for a short time, that another heariag be held on 3orne night other than Cormnission nlee�ing night, and that i� be adtrertised not only in the netivspapers but by ieti;er to the various or�;anizatior.s wnich are interested in it. Corrmissioner Blanton said if that is the rvill of the majority oz the Cor¢n?ssion he cvould go along vr�th it, but that procrastination c�ftez� kills or ciiverts �vorthy projects and that he does not v�ish tcs see this happzn to these zoning chan�es. I�layor Brot-rn said that whenever anything is needed to be dane in the Cit� Government 11e likes to see him on the Cor�nittee because he pushes and drives it to a successful conclusion and that that is one of the reasan3 i�e �•�as put on the Zonin�; Corrnnittee, bir. Lloyd Phillips said that if the referendurn is poatponed that it l.e u7d not be feasible to have it fbr a year, and that the reason for iioi_din� it in December is because -there will be an acc�lntion of items by trat tiine. i�Ie said if the elect?on srere post- poned it would not be possible to hol�3 another ane for a full calendar q�ar after that. nlrayor Brown saicl the changes which would be mede �vould be suitable for some time - that some �;o bacl� many years. Commissioner Blanton said tY�at if it is put ofi for a few months it ivould still operate under the old R-2 Country Club - if 3t rrere an election in Iriarch there �aould not be another one until the following gear and if it is drol�ped back to having it with the municipal election �t v�ould be a t�venty rnonth interim. He snid if th�s is votefl dorvn people ti•�cauld have ample tir,ie to decide wl�at they wa:�t next Decembex. biayor Brown said that t�s a Board of Adjust- zaent and Appeal the zonin�; could be c31sn�;ed in sorse instancss under �he hardship clause, and thst the bi� chan�;es asked for are solved by the ballot. Co�mrissioner Blanton co�unented �h�t if it N�era not voted down, there would be t�velve montlis in which a new zonin�; set-up could be �vorked outi for the ceming ye�r. Co�unissioner 1^urner said that he vras 1:nder the irspression that it ti•rAs Fi-1, and that property owners there thou�ht it vvas R--1 and did not �vant it changed froi;� that. He said �hat rvhilo r� �;reat deal of :rork ha s been done on the chan�es, yet he did not vvant to jeop�ardize the people in that arEa. He s�a3d he vaished that tha chan;es already drawn could be put through, and that their problem could be ta]een up, i�iayor Brown said that the map has been ready only recentl�, and that the nap slzould be changed frorl R-1. Cor.�riissi�ner Lynn �slced if it colxld be le�ally deferred for sixty days, and hove an�ather vote on it, have it uaken .frora the ballot and set up a special election in 3ixty c��ys or so and have brou�ht back and put x3efore the voters. City Ai:torney said tl�t it would be corlplicated legallg ta do this as the Grdina�ices are the lava of this C3ty, and a mot3on to �ostpone the election �vould be out of or��er, He said that only a re�ealin� Ordinance Vrould repeal the two passed. nia�or iirown s�id that a motian could t�e made to tnstruct tY:e Citv Attorne,y to prepare an Ordinance repealin�; it, but that no motion could be raade to postpone the election. Cormnissioner Lynn saitl that in case it is passed and voted on and passed by the people then would it Ue posaibla �or the peoplo oi the Gountrv C1uU petition the Caty Comm�.ssion to ef£ect this change and malie it R-1 es a h�+rdship, City Attorney, said that this would not be possible as the matter of hardsh:Lp exceptions arz an indiviclusl, not a g.roup, prop�sition. Commissioner Lynn aslced i� there is any way it can be cl�anged l�efora next Uecember. Cit,y Attor.ney replied that since the zoning elections go by calendar yea r it coul:d be called after the lst of the �ear. h?ayor Brown said that a portion of the Ordinance should be repealed and not be acted upon bJ the voters as a referendum.. Commissioner Turne.r said that perhaps corrections sliould t�e made nnd have it voLed en in 30 to 60 da5*s ratiier than hold two elections w:ithin a short �eriocl of time. rIr. R�andolph said he know3 thaL if �he Cor:m�iss�on �;oes on �nd allows the election �o be held that there �vill be five or s3x injunctions wlzich wi11 ir,u:iodiotely be filacl a�ainst the City and the Cit;� w311 f3nd itself in the ;� , 3�0 -s- CITY COD'I�tTSSION nILETING December 14, 1951 midst of severAl le�al bAttles. hlr. C. L. Darlin�; said that he r�pproved IuTr. Baskin's request, and asked 11aw rmich �ime the people of Cle��rrv�tor had hrad to study �hese zenin� change4. Gity Attorney replied tizat the:,y ?iad had tlzr.Qe months; he said that r�n outline of changes to be made �vere publishe.� at thafi time. h4r. Darlin� replied that it took study of �he map and of the Ordinance ta underst�nd such thin�s, and felt tYiat the Con�nission could rely on every Civic organization to explain things to the people as additi�nal time is allatived there. He then raad coimnunication dated December 14, 1951, xep;arding this matter as followa: To -the City Cormiission Clea rwra te r, Flor3da Gentlemen: ��Edgewater Drive Asaociation of Clearwater, Florid�a �PAt Clera�rater's b�ront Door�' lleceniber 14, 1951 Re: Ordinance No. 614 ��I appeAr here on reques{; of �ro II. E. Pontius, Yresident of t2ie Edgezv�ater Drive Association e�ho is unable to be present and in behalf of the r�sidents of the Ed�;efvater Drive section, �'There are four subdivisions which comprise 75 or 80�� o£ tlle sect3.on anc� the plat deads for each of the four carry R-1 restrictions. "The City of Clear��r�ter iay approvin�; the applications of t�ie subdividers accepted the provisions and to some extent assurzed the responsibility to enforce certain provisions and especially that in respect to R-1 construction. 1°Section 18 of Ordinance No. 455 def.initely imposes upon the city authorities the obli�ation to require any construction in the four subdivisions to comply wit,h R�1 restrici;ions and as a result more than 100 homes have been built none of vlzich are �ultiple dwellings. It is a section of homes - one family homes - and theae people are entitled to betLer protection than will 'ue afforded und�r Ordinance Pio. 614. �rIt would appear that the proposed Ordinance tends against protecting the interests of the home owners and gives a�reen li�ht to those who own property but �vho are not residents and who are ir.terested primarily from a mc?netary standpoint. If such people�!desire to construct a building which is no�v allotivable under R-1 they have the right to apply fox an exception in the zoning. °Our unders{:anding oP the proposed Ordinance is that the usu�l and proper procedure is being reversed - that the city does not intencl to give the horae otivners the protection to which the3• are entitled through the plat deeds and that it practically encourages the erec.tion of multiple dwellings in the Edge�v�ter Drive section. °4ile therefore objeet to the proposed Ordinance in two main part3cul.ar•s - ��First - That it encoura�es Iiulti�le D�vell3n�s in the four subdivisions, of v�hi�h there are none at present, and yvould allovr such buildinf;s in a proposed adjoining subdivision and a small plat in the section just north of LaTolla Subdivision. "Se::ond - Tt removes iror� the City authorities the obligation o� Protectin�; the horae owners of those stzbdivisions against raultiple dwellings ti�Y� ich axe pro- hibited un�3er the plat deeds and wi11 force the homeo��ners to take such action as mag be necesaar� i'or their proteetion. �'YVe also objeet to the sug�;ested Zonin�; Iviap f�r the reason that it excludes a f'@PJ certain properties north of I�aJolla sut;sivision which should be included in the Zone llistrict. Respectfii.11y submitted, �s/ C . I,. Ua rling The Ed�ev�ater llrive Association° Cor�nissioner Lyna� said that it might be a�ood idea to let it go a month or so ancl let them have their sa�, but that he vras willin� to do l�rhrat the mEt jarity of tlae Co�ission vJant to da, but that the Co�ission is reprosenting the people and tha+ if the people are not satisfled with it a.s it is it shaulcl be deferred. City Attorney said that the ballots ha ve been printed - that only one vras printed, the voting machines have been prepared and that it is possible ty��; tYiere rnay be legally some vray to locl: the r.lachines up to shut up part of the ballot. Citg C1ork said people simply tivould not be allawed to vote on the rnatter. rorrcnissioner Black moved that the City Attorney oe authorized to write a nc�w Urdinance repealing Orciinance No. 614 and 615 in rep;ard to the zonin� ordinance to bhe City of Clearwater on zoning amencl�ents and thfat the City C1PrY should be instruc�ed irmned3atelv to serve publie notice of a public hearin�; for discussion bg t�e public pro and con as to the proposed zoning chan�;es in the Cit�� of Clearr^rater, to �e held aa so�n as possible or within thirty days. Corrnnissioner Lynn �econded the motion, which was voted upon and carried. Vote was as f�llows: Islayor-Cor�nnisaioner 13rown, Cor.imissioners..Bl�ck, Lgnn, Turner voted ��Yes,�� and Cormi3.saiorier Blanton vntecl, '�P1d�. _� _ . CTTY COIa�NITuSIpId AIEETTPdG Decembor 14, 1951 3�( bta�or Bro�vn au�;�;ested that meetin�; Ue held at 12:OU no�n tYie f�lloviin� day, SaturciAy, the 15th af DeceLnUer. Cor¢nis3ioners Blanton �and Black and Gity Attorneq stated that it vaould be impossibla for th,om �o ati:end. Cor�;iissioner T,ynn said �hat he would �;o alon�; with Cormnissioner I3lanton and push the rzatl;er through ay qz ickly a3 pos�ible. Gity Clerk reac� letter trom State Road Departrnent o� b'lorida datecl Deeember 13, 1951, in r��hich thoy s�ated thr�t r�laintenance of trie briclge is �Yle responsibility of the Cit� or Clearv�ater. This letter is as follov�rs: In re: Section 1500 (Clearv�ater Causeway Bridge) °tn�r. b''rarrcis I�liddleton City bianagar City of Clearwa�er Clearwater, b'larida Dear Sir: }3artova, Florida vecernber 13, 1951 '1Rei'erence is xnade to the cnnvareation yestexda�,� between you, hir. L. 0. Hester9 As�istant Distsict Engineer (P+iaintenan�e) and rayse].f, concerning v�hose responslbility it was for the r.�aintensnce of the Clearvrater Causeway Bridge. You will recall that I stated that I �vas almosi; positive it vras the responsibility of Clearv�ater, but that I would check rny Fi1es ir,unediately upon rei,-urning to the Uistriet Oi'si,ce, Bartow. °This is to advise that a reviev� o£ our files, cor.respot�dence and records in tkiis ofiice reveal that the maintenance of the Dlenr��ater Causetivay Bridge is a def?nite responsibility of the City of G:�.earv�ater. T�Iaintenance of State Road 60 be�ins and proceeds easterly to Vero Beach. b'or the seke o£ the record, wY�en v�e resurfaced Fort Harrison Avenue some vears a�o, we extended our resurfacirig we�terly for approximately one block on Cleveland Street in order to �ive us a better job st the interseotion oi Fort Harrison I�venue ar.d Cleveland Streets. This additional v��ork was done entirel� �;ratis to the CitV of Clearr�ater. All �^�nrk in the past was done b� the State Road Uepartrient on this bridge has been one strictly as a courtesy and �ratis to tb.e Cit� of Clearr�ater. "If I�a� not seem too prestu�ptuaus, may T hu�lbly sug�est that the City of Clearwater meintain this strtzcture in a state of �ood repair, in order that at sone future date, if and when they decide to request the Departr:ient to take this brid�e over for r�aintenance, this will, in r�� opinion, improve their crancea of havin�; such a request favorak�l� considered. It has b�en r�� experi�nce arid observa- '.;ion over the past twenty years w�ith the Departrnent tha� iwhen a request is m�de for the Departr.zent to assume the maintenance of an� facility, the iacilit,y 2iad a rmtch better chance oz bein�; accepted for rnaintenance, pro�ided it was in ar excellent state of repair. °Yindl� pernit m� to state a�sin tha� your earnest and sincere approach toward the yolution of probleras involving both the City of Clearwdter and the State Road I�epartment gained indeed �the respect and admiration of this oftice, "4dith kindest personal re�;ards, I remain, Yours verq truly, �s� H. E. Levcis H. E. I�e��is District Engineer'� City A4ana�er said that the State Road Department representative l�ad told him ttiat negotiationa should be started ir��ediately and should �e eonducted Uetween the l�iayor of the City and officials of the Str�te Road Depr�rtment. He said that tYie City Engineer had stated that there are repairs vrhich need to l�e rmcie imraediately. Re said it would be classed as critical. He said a deta�led list tias Ueen prepared for needed repairs - the total estir,iatsd cost wns �9,800.00. ThP Gity Engineer said that he did not want to be an alarmist, but that it is just a question of "4'Jhen?�� - th�at ie all. He stated that the repairs includecl: Replacing approx- imately 6,U00 lbs. of steel, cleanin�; raiid paintin� '-i,he Y�rid�e, anci replacing any other stoel it is found necessary to replace �rhich r2ay be founci during process of �vork and which is not listsd or spec.ified. Corru;iissioner Blaek laoved that tY�e City IrIana�er be authorized to ask for bids irrmiediately on the repair to the Causetivay Bricl�e, usin�; the list prepared by the Superintendent of the Bridge and Engineer as to the work which is needed to put the Urid�;e in first class condition so that v�a do not laave the hazarcl which now exists; materials must be available and rvork must be started within one vreek after le�tin� th?s c�ntract. Gor�miissioner Lgnn soconded the raotion, which 1v�s votect uPon and unanir�iously carrieda City n1anG�er said that xenairs �vould take approxin�tely three r�reeks to thirty days to cornplete. City �ngineer said in soxne places �he steel on the bricige is gone, and that if th3.s work is dorie and if it is painbed according to the specifications hP t�as he believes the brid�e v�ould be in good condition for ten yeflrs. City Clerl: read letter frora Si:�ai:e Road �Jepart-��ent of Florida dated December 13th, 1951, re�;r�rdin�; su�;�ested secondary route to facilitate araount of trafiic camin� down U. S. 19 (5tate Road 55) and also Gulf to Bay Houlevard, State Road 6� to the Gul£ Beaches and by passes the dorvntolvn section of the City of Clearwater, as follows: :7 -7- O I2'�.' C OI�1irt TSS TOrS hiLh'TING December 14, 1951. °In re: 1557-150 "I�Ir. Frc�ncis P�4iddTeton "City P.lana�er "City of Clear�vater �'Clear��ater, f�lorida "Dea r Sir: °$artow, b'lor:id�t Decamber 13, 1951 3 C� 2. "This is to acknowledge a letter dated December lU, 1951, from I�ir. Courtn�;� Car.rpbell, �vith an attached r�ap of the City of Clearwater, indical;in� a su�f;ested Secondary route by IeIr. H�rbert Blanton; which �vould facilitate t2�e mover;ient of traffic comi.n�; down U. S. 1�J (State Road 55), and also Gulf-to-Fiay BoulevArd (State Road 60) to the Gulf Beaches and by-passes the clowntown section of tYie CitS� oi' Clearr�ater. °Dir. L. 0. Hester, �lssistAnt Distxict En�;ineer (Niaintenance) and I en joyecl reviewing this matter tivith you and IvIr. C. A. :�eterson yesterday. "As I stateci to you yesterday, the Depart�er.t will Le vsry hapgy �o endorae the e;�tension of this route, v�hich amounts to a�proacimately three-c�uarters of a xiile and �vill �ive us a perrnanent connection to State Road 6U (Gulf-to-Bay Boulevard), provided the Countg Corrmiissioners consent to allot sufficient Secon�ary funds for this extension. The necessary ri�ht-of-lvay, of course, will k,ave to be providecl by th2 City. "As soon as you fo=low through an this, I will be in a��osition to reconunend this to the State Road I)epart�ent. �'I�ssuring pou of r.iy sincere appreciation far �our su��estions and cooperation in this mstter, I remain, Cardiall,y yours, /s/ H. E. Lewis H. E. LEwis District Engineer° City h'Ianager said that Lhe City Attorney shoulcl be instructed to prepare a'letter :Lnstructing the Cour_ty to include this in their appropriation £or the hIissouri Avenue and Court Street paving, which would be an added appropriation for the 1951-52 bud�et, �o be done inmediatel�. I�e said it is a part of the appropriation �or Missouri Avenue. Corm.�issioner Lynn said tha•t this would have tu oorae back through Air. Peterson oi the Gounty and back �o us and would be,�onl;� a matter of the Cits� Attorney preparing a letter. City Attorney that he tvould not advise �hat ;jus� a letter be written - he said it would have to be £ollabved up by personal representa- tion to the County. He said he thought the City ki:torney shoulcl appear before the County �rhen the letter is presented. P:Iayor Brown appointed Corrmiis9ioner �ilanton and said that he woulcl serve on the Cor:miittee. Cos�nissioner Blanton moved that the Cit� Attorney and City Rlanager take the rnatter up at �Yre earliest agpropriate tima and such other members of t�e Cor,�nission as wauld like to appear at that time, als�; and try ancl v�ork this out with the County Corunissioner. Coirnnissionex Blaclt seconded the notian, which �ras voted upon and unanimously c�arried. City Dianager reported on cost of paving oi' Papaya, Bayr�ont and Gulf View Boulevard. He said the total estimated cost was �8,400.Q0. Ae recoz�nnendod that the Git� Attorneg ad�vertise for public hearing< Commissioner Llanton moved that the City Attorne� adveri:ise for public hearing arid bids for paving of Papaya, Bay�ont and Gulf View Boulevard. Corrn:iissioner Black seconded the rnotion, which v�as voted upon and unanir�ously carrieci. There bein�; no further business to come before tYle Gonanission, the meeting v�as adjourned by Tlayor Brovan at 1U:05 P1I. � '� f �" `�'✓ L � �.-ti P,Zayor-Corunissi n r � " A�i'PEST: , � �ity Audi or a Clerk 4 CITY CON�iTSST02r YrIEETIN� Decomber 14, 1951 NTa�ar-Commissioner Herbert ht. Brown Commi�si.oners• Gentlemen• Herbert Blanton (�arland r,ynn �'homas $. Black Joe Turner December, 13, 1951 The Gity Comrniesion ti�ill meet in special session Friday evening, December �4, 1951, at 7:30 P.ni. in the City �Iall Auditorium to considar items on the attachecl Q�endaa FCM:GG 5. 6. Yours ver� trulg, fs� F. C. Iriiddleton City hlanager l��enda - Special P�Ieeting of City Conmission 7:30 P, R�I. - Dec. 14, 1951 City Hall Auditorium Restoring of ans omitted nar;ies to the list oF qualified voters for the speciel election - Uec. 18, 195L Conu-nis�ion�s consifleration of letter frori: A. B. C. D. E. Clearwater Construction Co. with rei'erence to the purchase of four lo1:s at Southeast corner of GreenWood and Serainole. Ivlrs. P�Tollie Shearer with rei'erence to tre purchase of lots at the corner af Fairmont and R�arshsll Streets. n1r. G. A. I+Tell ��:tth reference to paving ana drainage at the corner of Acacia and Bay Esplanade. Clearwater Board of Realtors ��ith reference to zoning. Pinellas Coiznty Title Co. with reference -to taxes on lot at corner of Osceola and Haven - Fornerly used for a parking lo�. Comm.issionis Consideration of contract with Gulf Oil Corp. to furnish gas enrichment oil at the Clearrvater Gas Ylant - frora Jan. l, 1952 througYi It4a'y 31, 1952. Public T.rnprovementse A. B. C. City Aianager � s report with reference to r.�eeting ��ith State Road Department's engineers. City nianager�s report with re.ierence to repairs on draw bridge. City I'rianager's repor.t on paving of Bayraont and 1'apsye bet�een Gulf View Blvd. and Diandalay. Ad,journment. Dece�ber 14, 1951 To: Mayor-Con�issioner Herbert M. Brown Go�issioner Joe Turner � Corunissioner Herbert Pt. Blanton Cora?lissioner Thomas H. Blae� Cora�issioner Garland D. Lg�nn There will be a special Co�unission meeting called in the Gity Auditorium in the City Hall at 12:15 Noon December 15th, 1951, for the pur}�ose of passing Ordinance PIo. 616 repealing Urdinances No, 614 and 615. PCP�1; mli �s/ F. C. iuiic!dleton City �Ianager .� (� 3