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12/17/1951 ,'" ~:;~:}T:: ," . "~A }' :,Yb~,' if#~B;~,I~*4~tf;J~t~:~~:~:;~f::{c;'''L::~:...,; :,!~!i~~~f~ '.' /i;]i.~!ii~;~(;i~ " " I I ~ r-'" 0 " I I , , :1 ,." ,,' . . ~. " --; .'1. ,...'.!: ....t.., . '. . , ;)~:'LiC;[;"':;;;,:;;jZj;1';'~~"4:J{,j?~!~li , ~~~1~1~!~~: il!'~t~)r)'t~~i I' ,", " ;' , CITY CO~ThiISSION MEETIllG Dece~ber 17, 1951 The City Commission of' the City of Clearwater l:let in r~gular session at City IIall on Monday, Dece~ber 17th, at 7:30 PM, with the following members present: Herbert 11. Brown Joe Turner Herbert r,l. Blanton Oa rlEl n:l D. Lynn Thor:w s ll. 131e c1-: , Jr. hIa yor-C onuni s a ione r Uorilrnissioner Commissioner Uonmlssioner Uonu.11ssioner \:......' ",. ,,' Absent: l'lone Al so pre sent: P. C. ~liddleton c. E. \Va re S. Liclc:ton Georf~e '1'. hlcClal'lma Ci ty lllanuger C1 ty Attorney City Engineer Chief of Police ::~..',""':""'::"~ ~c~~;::r Moeting WtlS called to order by l,loyor Brown. Uornmi~Jsioner Lynn r,loved that l;linutes of' regular meetinrr, of December 5th be approved, in accordance VI ith copies thereof furnished each l:1ember in writing, and that their reading be dispensed with. Cor:lInissioner 'l'urner seconded the motion, which wa s voted upon and cEH'ried. City llionuger stated that ono bid had been received 1'1'0101 Larry Dimmitt, Inc., of Cleui'Water, for 0 new Chevrolet four-door Sedan for :i,i564.l3, plus trade-in. Cornrniss ioner Black moved tho t the l"l1B t ter he referl~ed to the Oi ty lllanager for his study and recOlmnendo tion at the next meeting. Cor.1r.1issionor Blanton seconded the motion, which was voted upon and ~arried. i I' i I ", '.... '<..;tS~:" '.,,,.'::,: )~~,:r\ Notice of public hearing was read b-:r City Clerk for sanitary sewer in Barbour- Morrow Subcl1vision. City Clerk otated that no objections had been filed with him regarding it. !llr. James C. J\erekes, of the Light House Cottages said that he believed 1.leasurementa are incorrect ss described in the public notice, and that he had received no notice. Mayor Brown explained that it is the policy of the Co:mraission to send notices, but that it is not required by the City Clmrter, which specifies that it need be advertised only, but that he realized that if letters are going to be sent to some they should be sent to all, and that it is undoubtedly an oversight of' some kind that he did not receive one. Ur. Kerekes asked by what authority the work was requested - whether there was a requeot for a sewer or whether sanitary condi tions in genera I had rola de it necessary or, whether the property owners had wanted it put in. lIe said that no one on East Shore Drive had asked for such an improvement a s far a s he knew, and he wanted to know if the City had decided it. City 1I1a nager sa id that there are a number of' septic tanks in that area gi ving trouble, due to f'lood conditions, which could be hooked up. City En~ineer said that his total estimate wa s $10 ,4g2 .00 - tha t there is a portion which is a trunk line job to be paid by the area as a whole. Conr.lissioner Black said that it would cost about $5.25 a running foot on 2,000 feet according to his figures. City Manager said that specifications included the followin~: 1,900 lineal feet of 81t v. C. Pipe sewer ~ ~~3.40, total ~6,732.00 1,200 lineal i'eet of' 6" V. C. Pipe Sewer ~ ~l,OO, total ~2,160.00 8 stl:lndard nanholes, @ ~i200.00 total ~1~600.00 Total ~10,492.00 City Attorney said that there was another sewer project adjoining this \~ ich was on a tract between the Cit~l ar~d the property owners. City Engineer said he did not lenow about that contract but that 11e thought it included those lots and that when the contract was discovered the two lots were excluded as they had previous contracts. C01lU:1issioner Bla ck asked about some of the rneasurements and amount used. Mr. Kerekes sa id that he ha s four lots, and that the City ha s i'i ve connec- tions f'or him. City l\lanager said that they \llere put in at _ 50 foot intervals. He said that these lots were 1ar~er than any of the others and that if' sorne of' them v/ere sold it would be customory to put them in at fifty foot intervals. He said they might have to be adjusted in the middle of the block. City Attorney said that it is assessed on an area bssis, that !llr. Kerekes will not be assessed for any particular number of' connections. :Mr. Kerekes said that it was f'or the convenience of the City if they cared to use them. City A ttoI'ney ~ aid that that was rip,ht. City Engineer said the last one would not go in an~Yay - that there would be four on that side only. Mayor Brown asked how assessments would be laid. City Engineer said that the total cost of sewers would be divided by the street frontage which is actually benefiting by the sewer. He said the extra length of sewer line was put in so that in the fUture if' people want sewerage they won't have to bear the f'ull cost. City Engineer said it would run about $4.60 per f'ront foot. He said this particular area was on a front foot basis only, not around the side, and that it would include their proportionote share of the trunk lines and manholes. In reply to questions by Mr. Kerekes, Uayor Brown :;tated that the Charter provides that an improvement lien can be paid in ten years at 8% interest, and that he agreed with llr. I~erekes that there 'Was no reason \'Ihy the City should make rnoney on the tax- payers, am tha t this should be a r.1B tter to be taken up by the sta te Legisla ture and changed. He said that bids had been called for because construction is going on over there and that the City should find out what they are so that the lvlanager could bring in his reco1':lr.1endation and report on the1!1. City ManngeI' s~id that work is started approximately five days after the awarding of the bids, and that the streets are torn up in the neighborhood of a month. l1r. Kerekes stated that some of the residents would like to have the work postponed lJecause it ia in the middle of the tourist season, and that it would mean that some property owners on one side of the street would have no access to their places. Mayor Brown said that only half of the street would be worked on at one time, that the etreet would never be - ... ~~.----~. ..' " ". -~-. ~'",,~:;,'.',:,. r\~'.: 'i':.',.", :;;.d:~i.K~f~~,~:'~!c(i ':'<" ,., " ,...., , ' .. ""1 ,......-!'...."""_'_M... ..... .. :!i[;lf~~ ..' './.X.t..:,:'~-:'~';' ': , : .::,::,1:,'.: I I 'v'\ I f'.;:..... ~.~ ~ . , , I j .l 1 i ., .,. ; I j 1 ) 1 I I ! I I j I ~ :,', 3Co<Z -2- CITY COMMISSION MEETING December 17, 1951 closed. Another pr'operty owner said that he did not feel it Vias the time for the City to tear up the street. He said that people felt that the City chooses tho tourist season to tear up the streets. Mayor Brown said that the En~lneer is con- tinually working on the streets and has not been ie110 at any tir1e of the year since he came. Mr. Darwin l"r9n1,=" another property owner, Raid the residents in this area do not care to have the sewer put in, and that there is only one construction pro- ject on at this time, and that many property owners would La affected. City Manager stoted that if anyone of the soptic tanks went bad the City would be unable to give the prope rty owners a rry relief D tall. 1ir. }<'runk 8U id tha t trouble could 1.>e antici- pated only during the ruiny Beason, which they do not anticipHto now. Mrs. Henry, property owner in the [treu" ~laid she wished it Vlould not bo done e!uring season in that it would tear up both nideR of her property end that they badly noed to have it clear. She said ahe io for the sewer and belioves everyone wunta it~ but that everyone wants to wait until the tourist :Jeu:Jon ia over. 1.11". E. A. Bfir~er, ,T:r., contractor" r,aicl that the project coes through quiclrly, and thot tbere is very little inconvenience to the propert~,r ownors, and thot their lots are not tied up. He said it VlllS deflnitely a bualneso orea and thl:it the septic tanks are givinp, trouble, those that Clro not c1ralninf~ into tho Bay, and thut sOJ:le are drainlnp; into the Bay. He said from the contrt..lctorl:J atandpoint they wont to keop the wO:l'l{ movlnr,. Mr. 1.'ru l1k s a ill thu t Poin~e tt 1u strcc t V/U s closed for throe daya when Ilio :rianne Street went throup,h. 11ayor Drown u al~ed hoVl lonf~ it would take. Another contractor said that the actual work would ttdce not over four Heeles, but tha t nome times vt. en delays occur they are unavoidable on the rEtrt of the contl'actor. Counissioner Black said that it should be referred lJac1~ to the City 1l!:magol' for u rnore complete roport at the next Cor.lui ttee neetinp; & s to who reql1e steel the worl-:, ~:It1d after contactinp; the parties who requested it, to learn Y/hether a delay of f'our or five months Vlould affect their situation over there or not it could be determined whether it would not 1.>e better to have the work done durinp; the slack season. Mayor Brown said that the hearing would have to be &dJourned. City Attorney said that it could be adjour.ned until the City Mant..lp;er brinr;n in a report. Cowmissioner l31anton s aid that the request car.le up to the Commission fror.l tho property owners. lIe said that the Commission voted that the Engineers r:mJ.:e an estimate and have a public hearing" and that no pressure has been brought to bear on the property owners from the Commission. Mr. Kerekes said that he had requested the sewer in 1~)48 - that he wrote a letter about it. He said that he was not opposed to the improve:nent. Mayor Brown asked i.f anyone was opposed to it. Ho one replied except 1I.rs. Hen~!, \'Iho said that she did not object to the 1I.1provement, but only to the time of hElvin{; it cione. She said many felt the same Vlay, and that only if there is an extremely heavy downfall of' rain would the septic tanks give any trouble. Commissioner black moved that hearing be adjourned until December 20th, at 7:30 Pl1" and that the City 1..!anager 'be instructed to investi- gate sanitary se'wers for Barbour-l.iorroVl Subdivision, and gi va a report at the next meeting VJith his recor.1l'lendations. Cor1l11iss10ner Lynn seconded the Motion~ Which was voted upon and unanimous17l CD rried. Cornni~ sioner Blanton said tha t there Viere othe:r matters 'which needed to be cleaned up, and sur~r;ested that the neetinf; be ac150urned until about Tlmrsday night of this woelc, and that other iter!1s be taken care of at the sarne time. 1111". D. W. Browning, contractor, said that if the li1atter is ~oing to be de18~Ted he would withdraw his bid. City Manar,er advised Mr. Browninr, that bids could not be wi thdrawn before the end of' 30 clays, in a ccordance wi th contrllct he had signed with the City, but that bids could be opened at this time and tabulated and brought back. It was decided by consent that this be done. The property owners ap,reed tha t this 'Would be a good idea, al so. Mr. Browning sa id 11' bids were opened at this time he ,muld lel:ive his bid on file. City 1Ilanager then opened bids for Barbour-I\;orrov/ Subdivision sanitary selol/ers ~s follows: Stanfio Id Cons tru.ction Company, Tampa Cone Bros. Construct1.on Company" Tampa Sr1i th-Swegert Constructj.on COI1pa n~r" Clearwa tel' Lawrence-Rutlodp;e Construction COl'lpany, L8rgo and St. Petersburg Paul Giulioni Conpany, Tarpon ~jprings D. W. Browning, Daytona Deach $10,274.00 12,612.00 9,437.00 11,?64.00 1~1, 905 .00 n,184.00 Commissioner Bla ck moved tha t bids for sanitary se\'Iers in 131:1 rbour-l,'iorrow Subdivision be re.ferred to the City l,lanager for his tabulation and report back at the December 20th meeting. Cor.nnissioner Blanton seconded the motion, which 'VIa s voted upon a rrl unanimously carried. Mayor Brown suggested to the property owners tha t they return Thursday night, December 20th, for further discussion. l.latter of widening of' Turner Street \'Ias brought before the Cor:unission. City Clerk read Notice of' Puolic Hearing as duly and legally published. Conmissioner Black asked what the total estirnate 'was. The City 1\lana[';er replied that it was approxi~tely ~l7,633.00 f'or a five foot width on each side" and that it would be approximately ~~3.70 a front foot. He stated that no bids had been requested. Mr. Wallace and Mr. Turner, property owners in this area, stated that they did not receive notices. City Clerk read petition objecting to tile widening of the street, signed by twenty-one property owners. He also read letter from L. G. Abbott, property owner" dated December 17th, objecting to the project, and letter from Mr. Ben Evans, Realtor, d&ted December 17th, who sta tad that he was in favor of it. Mr. J. A. Davis said that he spoke for property owners on the West end of Turner Street, and that residents there .fail to see that allY emergency e,:lCists there, and do not feel that traff'ic warrants the iLprovelllent, that such conp;estion as does exist could be improved or eliminated if a little thought and planning \'/ere given to it by t~fric experts and revision of a zoning matter which was broupftt up last year. He said that the requested change was ruled against at that tiMe, and that the church involved has V/antp,d to add to their clmrch, which lnakes it no longer an R-l zone. lie stated that the Church of Ascension has ~ whole block which could be used, and recOI!lI11ended that it be turned into a parking lot. lie felt that if.' the street were widened it would invite traffic and would runnel trai'fic into a very congested B rea with school children involved. lIe said that most residents of the neighborhood live on f:1'xed incomes with no 'way of supplementing them and it 1s extremely difficult - almost impossible - for them to live on their present incomes. He said the estimate given bY'the Oity is only an cstinlBte and cannot be relied on and that th.e petition -~.'<,..-....' ,,'. " '. '. ~:,:\'/STl .; " ., ,..,. ,<~,<';~i;"i' !c:'!,}i~'~~~(;".." . ri;;:~.r'!,> .... I I i . I . I . \ .' I.'.,. "" I I, I f"'''''''''''''''''''''' L,,:,~~ tJVI",'<'II",<,' I l":~ ~:":;~h:",~:> .t.". ..~!jJ' \ f::lT~~{{Ji~~~ ,~ (,};.\ . t.. "", 'J,- , [f~~~~f~~~!~'\J 1,\'.,',," i';:;7i.. 1:.g~gj;~i~:,~~:>:." " ~': ,:': . , " , , , '~, ...ff:i..'. ,~~\ < i I I 1 j . , j i 1 ./',~':.:,~:..V,,\..: .. /",., . ", ,,:,~,,~,,,'.:...,1) ~.'. ::...: ......;'.:, '~';;:" ::.". .:. ':~ ..... ........... .' '.' . 3~9 -3- CITY CmlllISSIOH illEE'l'IlW December 17, 1951 is sip:ned by 98~~ of owners of every f'f'ot of property lying hetHean li't. Harrioon and Bay Avenue. lIe said it is )(lost unfair to expect people who Elre hard prossed financially to talee on this expense, especially [l ince they do not t'Aol that the need for expense is I~rea t enough 110\'1 to neri t T10 1cinr, this 1mprOVel"lent. Mayor Brown asked if there were others in objection to this lmprover1ent, in r nsponse to which six property owners rainecl i;heir handn. Jt. L. Hoclgers, Chairr'lan of Board of !J.'rllstees of the l"irst hwtl10ciist Church" SEl id thvt at n recent 1.1eetinl~ of the ':Pr.ustees they wished to GO 011 recorel fJ:J vtis}dng to huve the iT.lprOVenflnt l'l9de. He :loicl thot u congested condition Lloe~l oxi~lt Oil Sun(;oy rlorninl~s, HllU that t1le COY!!'liurlion nl'toulcl cl:lrefu1ly conniCler' the r.ilttel'" an:! tlwt it \Ioull! benefit the 11.othocl1t1t ()hurch. l\layor Drown usl:od if there \Iere nroJlcrt;r owneru ill objection to the 11:1pl'ovemont froll the other ond of the 0troot. I.lr. \J. '1'. .Tnnlley, 11r'operty oYlner, naiel thut j)l'nl)ubly .'1: y/oHld ult11,;otoly have to be pllt in Hl1=r\iuy, unu tlwt if it \'iere tono ll,to}' tllol'o \Iould probo bly 1)0 a J mcll hif~hor fl ~I ~16 nm,lOnt la ld n t t11u t tj.l.e. Ho ~IU ic.l it ClOll:J nfHlcl to be \'dclenod anel 1;hut l.'ec:~mBO of the ecollollllc:J involved it nlH11I1cl be tOIle noVl. Mr. WullDCO :wit1 ho dId llot knoVl \",11othe1' it \IUS 1Jaclly lloeelHC] 110\/, but thut ho is in fuvor of the pPo,1ect t'wen if t:;l1e eOHt i8 !d.gh, but that the~r paiel for t110 t1iclewCllk and 3m/or ond holpocl the oth~Jr floctloll of' town (~et ita BeylO!' llncl 1;llllt Binee tho oreu in 0 truffie llroblell to tho City that it flho'.llcl 1wlp bour tho eont. lie :JOlcl thut lw 11l.HI Hbout ~~Uf.l feet" line) tlHlt it \I ()lllel co~t hi1.1 ubout ~r'BUO.UO, \/ILieh lie fih1ply eould not tJ fforcJ to puy. l'.luyor j;1'011tJ 1.!U lcl thu tit ia nl\lu~r:J :JOJiIO timo het'oro the US::lO:lS11ent in leviecl [tft(w tho lJl'o,icc:t i:l cOJilpleteel 013 thi:J giveu tho jJl'Opel"ty ownor tiJilfl to pH:' the /,1 :lsorHlll(mt lJeforc ~ lien is plllcod or;uinnt the propel'ty. lItr. \/Hllace :.wiel tlwt in :lOl:Je ell :.Ien J'if~llt of \/8~1 i:1 I:iven uy property owners in eXChange for osso:wr..ent. Ho ouid \/~1el1 ';'Url1el' ~)trcet V/l:lS innt[lllocl t110 property owners [~ave the right of \'lay Wj1;!IOllt c:opponsotloll nn(: that they thel'ef.ore feel no\', that the Ci ty should not e~qmc t t1:,01':'1 to 1)a y thi S ude] it iona 1 ~r.10lmt for P~\ ving. GomIni s::iioner Turner [Joic! tll[lt the l'i,/ht-of-way \/G3 C1eel:cc1 to the City yeors a~o ond 1s public property. lIe fluic~ in other Cf.lses -rw1vate riF~ht-of-way 1s involved. On Ef-lst I}.'urner Stl"eet the mane rif\ht-of-wtlY will not be on prj.vnte propert:!, 111lt will be on the public rif~ht-of-way. ~ll'. \vsllDce :d~otecl that Jle has a receipt shov'!inr, that his father paio for the stroet in 1916. City h.ttorney saie! that the ChElrter of the City provides that when a }J11lJlic ir.1provel:'1ent is 1:1ode the entire cost must be assessed ago in3 t the 0 but tilH~ ~)rope rty ownOl':J. Hocfllltly uncier a Hl~[. Ae t which ha s neVf:r been used in the Git~r for })ulJlic iJ'lprovencnts lJut is u hi V! in the ~,tate, Tmblic lrnprove- menta con be placed OJ) the pJ'Opej't~l, ten ~re~Jl"s can he I'iven to pay for it, and the 8~; intflre:1t rate cun ;J(~ ~et f.lt A low Puto. He :,wi(! it is pos3i1>le for i~he City to set H rousorJub1e t~,r.e ltnd LI J'eu sOJl8ble~ intCl'o:lt rute. lIe :Jaid it could be sot for eaep cose. Ilil'. lJLlvi:J Dtlie( thut if' 0110 })[IY3 ~c)l1eone else's debt it did not l:wtter how long it took 1"or -YOll to do it. COl,ail:Jsioner r';"11r11e1' said he felt that the Legislature shonld enact !l l[ln l'eJ::,rdlnr~ the v/iuening of streets of the City of CleElr,,:ater, ond thlJt it be t)Je ob1il~ution 01' the entil"e Cit~r, 8nd thut nhy street which \7onld l-)e \/lc1enec1 YICmle1 oe nssessed B{~8inst tho property O\1J1ern up to a certoin 'width, and after thnt if it \IUS to 1Jc \ljcler it should he o:we:wed to the Cit:'l. Conlli:lsioner IHunton !.lsked the Cit~r l~nl:inner if the entir10te inclucJen the widening ond resurfucinJ~ the str<-let 00 that it \'lo1l1cl look li1:0 & new street. City Enf;ineer replied that it dJ.d. Ul"n. }~int:; soid thut it 1:3 a deae! ene! str(!f~t and nhe eiid not understand why it should bo widened. I.~r. i;8rno;' :laid he liveci on .Te.:'f'orlls Stroet, and that the Hospitol is on thE:. t street, !.lnc~ tlll.lt if any ;,tl'eet needs Widening due to traffic situation it is thut street. lIe lwid he .7'elt the sUJ';cestlo11 l.1acle by COI,lUinsioner rrurner was an excellent one. I,iI'.. l.juune~! :,mid he lived on L~ISt r1'11Pner Strflet, and that he c:id realize tlH:l1; (;le8}'\J~.tt:Ol' 1m3 Done of the \'lor[~t atrt!ets he has ever seen in a town this uizo 8S far 8S (;ettinl"' SOl18\{here is cOl1(:erned. H~ said he saVl no necessit~r for widening it froT:] hyrtle to it. Harl'ison, that it wonle: be putting traffic into a bottlenecl:, and that he did not sne rih=r pronerty owners S}l0111d stand the cost. He saiel he VlOS in favor of' the inprovenent, and that as fl:\r as the rit~ht of \'1ay asked froIn hi1;) he cloes not ob,;eet, 1mt dOAn not wflnt to pa~T for the \/j.deninf~. he said if" it VIas going to lJe for the henefit of the public tho City shoulc~ pa~r for it. COJ.1l,1isnioner Blanton said Jle thonrht the nroperty owners should pay for the vlidening and the Cit;,T the pa'lim~. eit;r httorney :Jt~ted that 1mdel" the Charter the Cor.mlission is authorized to assess fOl' 1"epairs on orif~inal inprovenents. Ee P:8id that the Code e sta blishes a 5~,; ell viding line. However, he :-1ta ted, tha t is a n8 ttel' of polley and could be vu riecl lJ;r the Co!'. :Jnis sian one \/Cly or the other, lJUt tha t there is no rea son he lmew of \Illy the C:onr.1},ssion e'Oll1e!. not pay for' the cost of the resllrfacinp; and assess only widen ing to the a 1m ttinr: propel'ty O\lTlers. lie then l'ead Sec t2.on 16 of the La \'/S of Ploridu, as follows: i' \ t , i l , , i I I t ' I . i' . \' , , i I '. :':':~;~".:i~'.\ 1 " , ,,-,. ".- 1.':\C;"l~;~,~,~~'i~~;t.. , '". ";,-"."~""',...,. "All 8pecial 6 s~;eSSllent:3 levied llnc1er tho ]Jl~ovisions of this Act, shall be poyo ole in full thirt:,r llays a j'tel" the confirl.l[\ tion there of, provicied, however, thu t the Gov(~rninf': Allthority of' the l,iunlcipalit7! l:lEl~T by resolution provide for the payment of an~T l):, se ssment in not exec ed il1/~ ten equa 1 ~ll1nuo 1 in~l ta Ilnents, frOl,1 C 8 te thereof, with inter(~8t t:!-1e:reon not exceedin{~ eilt,ht percent pe)' nnnuTi1, pa~!Elble annually on all unpaid ossessnents; 1JJ'ovidecl, ho\vever, that tLe owner of the lH'operty so oBsessed nay pa:! tit any time t;11e full anOl1nt then rcr:laining 1lnpaid, by pElyin[.~ the entire prine ip8l a nd interest (iue there on, until the llext anmw 1 intere st dEl te .It He stated tJ1at thel"e vIas another section which set up the pJ'oeeduit'e where tho COJ,11.1ission shall TIPovlcle in the Henol1ttioJ1 the intereljt l'ate. lIe flaid that the Corrrrniss ion t1ay va J"\] the intel"e st E: c: cord inf', to the Ae t, hut thu t the Cho rter speci- fically says 8~,~ ami eives no latitude. He tlaic1 that this V/US an Act applying speci- fiea lly to the Ci ty of CleDl'\'l8 ter. Cor:rrlissioner ina nton It skeel who t ooca1tJe of the lav'! which vIas in efi'ect that one th1re: be paid by the City, one third by the abutting property miners of each s5c1e. r.1ty Attorney replied that that went out when the boom came in. CornnissioneJ' Blanton said that that vms 1mcier the olel forn of (ioverm.lent and did not carryon w:t th the Chu rtel' under the neVi forM of Gove rm'lent . City Attorney stated that this VIas adopted alnost lmiversHlly b;r the State of }i1lorida at the end of the real eata te bOOI!1. Comr~lissioncr inanton a skeel it the heal'ing could be deferred until the Engineer could bring in the uctna 1 cost of" Widening and resur- facing. Mr. Nick Sagoniu~, property m"olner, said that he has a lot 220' deep which - ._ -"'""'I..,..... ... "'- .-.....~ , '\I . ',,l 'l 'I 1 \ I 'I j~ .:,;:;..i.;".,;.. l ". I. :;. \\,~. ,':<; ,:;.:,);:::;:~~;\ .?\t~~i;~f~~I~\; I' ". '" ,..." ~.. , , 1":"~"iT"""'-. ! ...,;,.,._,i;",I,,~, ,;..' ,.,. ~~~f',.;'f"tl . " .:. ~.: ,...... .3 '70' -4- CITY COMM ISSIOU MEETING December 17, 1951 could be used for parkinr, lot on the Seaboard Railway lines. He said that he is not expecting to build on it now, but will in a couple of years. He said he would charge no rental - would do it for the taxes. He stated that this lot is near the ci~ar factory. Commissioner Blanton said that there is no critical plrklng situa- tion there except that the elnployeos from the Cigar Pactory park on East Avenue where the Seaboard runs. Chief l.\cClar.ma said that parkinr, is provided on the West side. Illayor Brown osked thnt the City Manogor contact Mr. Sagonius to see whether anything can be worked out with him in connection VJlth his offer. Ur. Sugonius said if a workable arranr,enent could be loade it could 1.>e taken lIP with the Chief of Police. City Enginoor ntoted thot without the resurfacing the wlden1nr, of Turner Street V10l11d cost upproxil~toly ~?1.92 per assessable front foot. Mr. Mauney asked if it would be u3se9sed against the Clmrchea as well us property owners. City Attorney Boid that the Church's pert would not be a8:lessecl against the property ownors. ~loyor DrOW11 stutet1 thut the Churches (10 not pay taxo3, lmt that it 1a in the nature of (\ lien onel f~oe~ against the property itself. He stutetl that <,ach front foot abutting on the stroet would havo to pay, regardloss of ownership. 111'. Da vi:l Iwid tho t his I~roup is uneqlli vocally a,\o innt the widening of the streot, a B it seriously uffocts the property owners in that area. COlrinissioner black said that the mvtter 3hmlld be defe'rred until Junuory 6th so thut the Cor:lInlttee would have aurle time to study tho wattor and see what could be Vlor}tecl out. ttayor Brown aaked about property owners frOl.1 Pt. lIvrl'1son to Myrtle. Mr. 'l'urner said he could not afford it as he has n very limited incor:1e. 1111'S. Lela 1>. Waldhagen uaid she ar;reed wj.th Mr. V/allace - that it ia unfa 11' to property owners to pay ror the ~ving aince it would not benefit thel:'1. C01:lr.lissioner Turner said that he foresaw the time when cars would have to be taken off the streets and leave the streets free for the flow of traffic, if various orp;anlzations provided their own parking facilities. lIe said that the new proposed zoninp, provides that people can have their own parking areas. COMuissioner Blanton said that there is a parking area which takes care of the traffic situation down near the Church of Ascension. Mr. Turner, property owner, said that if the Sagonibs po rl{inr, lot were cleaned off it would not be too far from the churches. Mr. Davis concurred in this. Mrs. M111er asked if Turner street is to become a truck route, as she said a (~reat r:lBny trucks go through there now. Chief McClar:nna said that the present route goes South down Myrtle A.venue to Druid Road, then over to Pt. Harrison, and South, and that no change f'rom that route is conter:1plated. 1111'S. M. Corney asked why the City wants to pave it only f'rOl11 J\lyrtle Avenue to Bay. Mayor Brcwn said that it is becau se of' the bottleneck of' parking around church areas rather than to r:1Bke a thorOl.ll~hf'are out of it, and that on Turner stroet West of !<'t. Harrison that the property owners appear to be unanimous in not wanting the street widened at this tilne. On the other end of the proposed project he stated that there seemed to be some people for it in principle except in regard to paying for it. He added that there seems to be no other objection, and he asked w}~ther it would be f'easible to divide the two projects, eliminating one. CoIItnissioner Blanton felt that the entire improvement is desire 1.>le a s a benefit to the City as a wllole, but that people w.r:o live in the area are very nruch to be con- sidered, and that he does not \'lant to force something on residents that they do' not want unless it becones an absolute necessity for the weli'are of the City to do it. He said that on that portion of the Street East of Ft. Harrison hvenue the property owners would 1i1~e to see an improver:Ient there, but they feel that the cost is unjust. He then asked if it were possible to dislniss the matter in such manner that it could be taken up in part or in whole at 301':1e future time. COJ1lilissioner Lynn said that it appeared that there are many people rrom the Uest side who want it to re~in as it is, and some are interested frOM the Bast side but the financial side of it is still a problem. He said that he felt it should be left as it is. He suggested that the Mayor appoint a cor;nllittee and go back over the feasibility of any part of it at this time or work on the East side and see whether sonething could not be 'WOrked out now or at some time in the future. Commissioner Lynn felt that the matter of widening Turner street should be referred back to the Trafric Connittee for 1'nrther study as to the feasibility of continuim; any or part of this project, and that this Committee should report back at a future r.1eeting. City Attorney aslced if the Connnission wishes to preserve tllis proceedings up to this point. He said that i~ so, they could set a date for a reasonable lenr,th of time ahead. It being observed by COl:D11issioner Lynn and the COr.1I:1issioners that this project as proposed a t this tirne did not meet with anything like universal public approval, and in particular did not llleet v/ith approval of the owners of property which would be affected he therefore moved that further proceedings on the public hearing be abandoned and that the entire lllatter be referred to a special cOr.Ir1ittee to be appointed by the :Mayor 1'or study, and referred back to the Cor'llilission at a proper time. Cor;unissioner Turner seconded the raotion" which wa a voted upon and unanimously carried. Mayor Brown told the property owners that notices will be sent if it is necessary. He told them that the City appreciated the interent shown on their pert in corning down to the Conrrnission :meeting. . I,':,' . I, Bids were opened for paving of Myrtle hvenue :from Oleveland to Drew Streets. City Enr,ineer said t}~t provision had been made for the sewer to be placed in that area prior to paving of the street in. order to avoid tearing up the PI ving at a later date. City Manager said it needed to be handled as a separate project since it was not an assessing job. Bids were 8S follows: Cone Br~s. Constfllction Company, Tampa J. W. Connor & Sons) Inc., TOlnpa Paul Giuliani Company, Tarpon Springs E. H. Holcomb, Jr., Clearwater VI. II. Armston, Dunedin Campbell Paving Company, CleaI'V/a tel" $8,250.00 8,100.00 7,500.00 7,550.00 7,500.00 7,400.00 Commissioner Black moved that naving bids on Myrtle Avenue be referred to City Engineer for his tabulation and report back later in the evening if he 1s able to do so, with his recommendation. Commissioner Blanton seconded the rnotion, which \VaB voted upon and unan:1lnously carried. ~ '.', -..."..., ,.t ;.-.'> ""/~ 'I~'" ,..,.... ~""'-' .... "., ,.... ..... ..~wn.~_., ___ ~... ,.,. ,,' . .'. " . "', :~ '. '. . _I~ ' .. .;... , . .' /' ..' { ;,' '~'~': , '; ,,~",,'~.,:. '\:.':.\..~ :;,'-"': ,", .:,~":,'>,:"~ ",~l<~'; ::', ~. :>l<~.":: .:; )',.. ",.., ."., ':.:"; ,', ! I i i ! I '___ r"\ .,,'_ I r"" '",...:f.,' j I I I , i I I I I I I I , ,.1 , "'1 , I ,I ",.', .'. , "'. 'J ~l;'~ J." ':.~,j. ~" , ,:>:::,,,:/\;::,~~,~~.::,"::, , . . v_",," ..u., <w. .~~,..""..~. ..~. ^-,..~, 7" . "".''''~.-. ~''''.~,'' ~ ~" :3 7 I \;}:~v\t~;ll;:' I'~~:,;/:~:)F:.~:'" " I I', '. 4\l, \.~ ,::" ': . (.," .>,i, { ,~';:~~);:;\>:p: 1":';';,:;::,;/,::\" I. ."'; ,\,~;.~ '. "..}. ; ,,'';':~ o'.~-:;...; ,\,",;:\ -5- CITY Cm.ThI ISSION lItEETING December 17, 1951 Consideration 01' gasoline oil company leasing fillinp; station site at the 1.1urina Project was brought'before the Corrunission. City l\lanr;q~or said that there is a tentative leaso from the Sinclair Refining Company on file with the City, at l~ per gallon on all p;aaoline and ~~lOO.OO per Inonth muxi:murn, whicheV6It is the greater, and ~~15,OOO.OO worth of improvement. Mr. Strnter of the City Service StEltion said that they wO\lld like to bid, but that they did not know what to bid on. Mayor Brown relnarkocl that it i8 a proposal the City wants, not a bid. City Manar,er stated that leases Vlere sent out about 15 days aeo. Counissioner Lynn commented that this con- cerns only the Sinclair Btation and has nothing to do with pumps. Mr. Strater said that he understood that they had nevor received a. letter. Coramiss1oner Blanton reloinc1ocl the Cor:tnimlion of the notion instructin(~ the COT!U'nission to cOr:D71unicate with Mr. Krentzrnon, Attorney, /;Incl that pu1.Jlic1ty vias to be r,iven the matter 1n the news- paper. Mr. Kr€ll1tzll1On ntated that he wrote a letter to l.Ir. Strater suggesting that he submit a proposition to the City for this moeting. Mtlyor Brown sur;gested that l\'lr. stra tel" should come down and see the Oi ty l\lanagel' to submit any proposal he Dlight ho ve. 1.ot ter 1'1'0111 t>1nc1a ir Hefining COl11pany 1.. Mr. l<lisher) do ted December 13, 1951, wa s rend by the City Clerk, ~mbmi 1;tin~ the ir propose 1 for this :3i to. Mr. 1<'1 sher stated thut his proposal is sllb.1cct to h01'1e office approvol, but that he has learned from their Distric t MUna(~el' the t they would 11se a 615 sta tion, \'Ih ich i8 more expen- sive than that discussed with the City. He said it would be in line with the building the City snecifies. Letter from nulf Oil Corpora tion eluted December PIth wa s read by City Clerk, and one from the Seaboard Oil Cornpuny, ,:ated December 6th. The Gulf Oil Company sa icl they h.ad not yet been [\ ble to work out a sa tisfa ctory errs ngemen t with their cOlllpuny prior to the deadline date, and the Seaboard Company specif'ied a flat rental of ~150,.OO a mont.h, a ten year lease, the company reservinr; the right to muke any inprovemonts they may see fit to do, the City t cing responsible for a11 taxes. 'l'hey Vlou1d install new equipment, replacing all units noVl in use. Mr. Strater sa id he Vlould nee 1,[r. llliddle ton the follovling day rega rding his proposal. Mr. }~rentzman said on llshalf of the Standard Oil Company that when this conpany discusses a ten yoar lease it is J~ne into very thorouehly and that it takes time for them to submit a proposition. He suicl the City should submit a prospectus for them as to what they would like to have, and that if they were Hll gi von the saIne thinl~ to bid on there would be no difficul ty in compa rinG bids and tha t the City could probably p,et the best proposition for themselves. He suid it appeared that there are no com- plete deta jls frOl'1 any of' the s ta tions. Mayor Drown na id that Sinclair has the detai1a because the~l have occupied this site so long. He said that while the City wished to ~~ive theI:1 every considel'Dtion that it a Iso felt it r.rust give conslderation to all proposals 80 tho t they can ret the best deul pO:Jsible. :Mr. Krentzlnan said that the Architect could prepare a plat of \"lhat the City \Ianted, nake a charge for a set of plans and have the cOI:1panies submit their proposals. He said he felt this would be a good idea if tine permits. Coumissioner I31anton said tha t tho t was the underntonding reached at another City GOl;nnission 1.1cetlng - that the Architect was to prepare a sketch of the building, and that the va rious oil companies could see this and r;ive the City the bid. COli'In1ssioner Lynn saiel that that Vias clone as far back as July. Mayor Brown said that this was done as far as the Shell Oil Company WElS con- cerned. City l':lanar,er said that this was done at the last COlU'1ission meeting. COIlminsioner Lynn stated that both stations could be completed before the heavy flow of traffic. 11r. JCrentzr.1.8n sa id tha t if they hB d pIa ns they could do it in ten days or two weeks, but they would have to have sornethin~ to start on. Commissioner Blanton asl{ed how lmch time Mr. strater's company Vlould need. 111r. Strater said that their Engineer could be brought down irlnnediately, as they felt it would be much more sntisi'actory that Vlay to Vlorl~ out a proposal. C01:nnissioner Black moved that the City Manager be instructed to have the City Architect prepare a rough s1-:etch, and type of construction for the building" and price list necessary for the oil companies to sub- mit proposals on the Sinc~lair 111arina property ~\t the earliest elate posniblej and that after this skotch is rnade available to all companies vlhichare interel1ted they will have a period of thirty days in which to submit their proposals; ond that the City will consider a lease u.p to 20 years on that property so that the best possible station can be obtained. COr.ID1issionor ~lanton seconded the motion, whdchwas voted upon and unanimously carried. City lllanar;er nsked i.f these speci.fications bire to include complete building specifications - plum1.Jing, liR;hting, e tc. COli1l11issioner Black sa id they did not need a comple te sketch. Mr. Krentzman cotlrnented tha t they need mOl'e than they now ha ve . City tltana ger stu ted tha t the Architects ore working night and day now on the plans. COl:llllissioner Lynn remarked that the Architects viOuld probably lwve any figures necesscry. Mr. Krentzman felt that the ground a rea should be included and length of time it would be needed. City IIIBnager said that a meeting would be held in the auditorium and they Vlould all ho r,iven the same story. OO!1nnissioner Black saici that the cOl;1panies could SUbl!1it proposuls without specifi- cations or c.1raVlin~s - that each one 118S its own (irchitect and e!l{;ineer. Mrs. DeWitt sa id she felt that the City should specify Vlha t the 111arinn should look like and that the peop1e vh 0 put up these ollildine;s should conform to those specifica tions and that she saw no necessity for bids. Cor.lIllissioner Black explained that this has been done, and that the reason bids must be submitted is to obtain the best possible building and lease terms that the City can get. Mayor Brown said that he did not wish to shut the door on Sinclair, and that he wonctered whether they should be put in the same class as the others. Commissioner Blanton said that it ShOllld be awarded to the company who complied \'1:1 th the desires of the COl11Irlission in the building, which would make the best proposition to the City and sell gaSOline the cheapest. Commissioner Black agreed with this statement. COTlmissioner Lynn said that he dld not believe the znatteI' should l)e forgotten that the Sinclair and Shell people took over the stations when they were empty end brought them up to wha t they, are today and that the nen have .. spent much money and tirne and ha ve gone through a grea t deal of struggle in so doing. He said that Mr. Langford has stuck it out in his lJ1.1S1ness for sixteen years trying to build it up. He said they sre willing to go on with a new lease and co~ply with what the City wants. COnlInissioner Black said that the lease automatically takes care o.f this situation. Mr. M. B. Thayer said that he l'elt that the oil companies are entitled to have more info~tion from the City as to wlmt the City wants, since the Beach ia an important part of the City structure and should have a super station. He asked if the City is allowing enough area for what it has in mind. He said that it is to the advantage of the City to ha ve the best possible stations there which the companies can build. He said he felt that both the Sinclair and Shell Stations ~. __I"'.....:n:-_, > .': " f ': .~., I ,;'," :;' '..' ;;{;fi 1 ,:":'":"'~';"~Jl:~';<', \.., .., " .., .,,' .",'" , I. , .r, '.' ,'" ! ",<I. d, lij~i.;, , :-~!,:~r , '1~E'.i.: '. ' . .- ' . ..... 'I,. .~:: '.:.. >' , " . . I \ 'L-,J -~"' ''';;:'~'. ) ...... ". " 'I .~ . \ \ I I i 1 ::;,-....::.',.; :,/'::::':<:\:/:':'. ....1 :r:,~:;:)::~::;:,:::~.., ,'I . ;.", :; :.:~, .. ':'. '~.:':.'~. . R' ~;'. . .......' .. :;...., . ::. l ~::'.'::!?/;~\;~.!/~:.:.:. .' .... '" '\. ./. ... ". . '. ~ '. 1 . t8r:;~';'S:'>(;1 .,', ",;1 '1~'~~ 1 " ,I.' -6- CITY COHl.!I[;SION IdEETINU Deconber 17, 1951 are entitled to every consideration postJible, but that the city should get an out- standing sta tion frOlI the ntandpoint of' appearance, and tha t E1n~r or the cOl:lpany CDn conforr.l wi th tho t, if they will. l\loyor Brown sa 16 tha t the Ci t~, is dealing only with Shell and SinclElir, but that ner~otiations nlowed clown to [\ ntf\ndstill to the point where the Cit;! folt perhaps other negotiations should be invited. City 1vlanor.er corrobor!:ltecl 1,ltlyor Brown's stutenent. I,ll'. Krentznan said that the difference betwnen Shell and Sinclair V/U s tha t t3he11 \Va s recol~nizec1 0 s a previous tem-mtj a pre violls Conr.ti ssion no id thu t they yltmlcl re co[~nize llir. Longford ru ther than his company - that thut \'ILlS the llncierntonc!ing, that if he vIas ohle to como forth with us (~ood a propos1tjon us aOlle other cOllpuny he \'IOU1(1 hovn first opportunity at it. Mr. K:rent~mHn then nsl:eCl whot the torr'ls of the leul3e would be. Ilayor Brown said ten y~ars would be the lenr,th of lease for Shell. Cor.II:1isfJioner Black s aid that the len~th of the leu se would bo I'OVflrnec1 llY the Ol'lOunt of 110ne~,' spent - tho t if the cOlnpany spends a ,;reat c1eul of 110l)OY the l('nf~o:r leuse the~! ohoulcl he r.lven to r,ive ther:l a chance to (~et it uad:. Cm mbw loner Lynn sa iel tlw t "hen the ste tions the re were first u re cted they \'lore tlodern, u nei now they do not look up to dl:l to. He sa id that in 15 years these new stElt10ns will b0. out of dute t:lnd that he (toes not believe El lonl~ leuse is fousil)le. hr. 1,'i:lhor saicl thut when a eonpuny spenc!s a J1;]'oat cleu1 of 1:1()ne~r they do 'wont an o})tion to renew the lea se. He sa id no ntu tion is t. etter than the opel'a tor, und no bet tel' than the plans unct speeifictl tions. COl:ul1ssioner Blanton mlic1 that t:lppe!:.lr!::ll1CO ,'O.nd eonstruction ShOll1(1 be specified on the City's plons. }.19~ror Brown !:lsl:ed if I,ll'. 1,'i311er \"/is11e<1 to \'/ithdrbw his propono1 for later presentotion. J.~r. 1<'is11er soid thut r.e <.lid \'/ish to do so. It 'Was decided by con- sent, after further dtscnssion, tlwt noticefl \'Ionld be placed in the paper and notices sent to the conpanieo ref~aruing subr,1ittin[~ proJlonols. IIi/... teriu 1 on pro))ona 1 1'1'01.1 gu ::wline and oil conpany to furnish oquipr,1ent and 1uel to nervice bOl:;Jts tIt CleorvlOter-Ltlrino \Jus not cOl:lplete and City l,lonar,er requested that it be held over to a luter Leeting, and that it \loulcl Ut1 put back on the agenda. Mr. 'l'l19yer Sl:li(J he \'Ionlcl 111-::0 to discl1ns assigm',ent of tr!:.lnsportation franchise to \'lolfe, \JiJ:htl:lan t:. ROVle. City l..ttornc~{ ntotec1 that at the c1:.rection of the CoriUUinsion at the last meeting he had prep8rec1 on Ordinonce E:lpnroving the assignnent rror:l the CleHrwater rrransit Co., Inc., to .Tohn \/. Rowc and II. S. \lightJ11an. This asaigmrlent, dated December 11, lH5l, VIUS rood 1)~' tlJO City J1ttorne;r. City Attorney suid that there is no restriction in the franchise 8f~oinBt ussif~nI.1ent. He said tho corporation hael been legally dissolved. }.lr. T}m~rer f,JtElted that he (lid not lmow the terns of the franchise but that the Civic r:r011p he repre:3ents felt that it is the tlne to uring up consideration of the terns of the fronchise to see if it is in the public interest. He said the .t'rHnchise will hElve f~reElter valnation in future years, and that they should be able to give service ....,hich v/j.ll bnont the City. lIe said the F'ederotion will vI0rk Vlith the CO~;'lJ'1ission to better the transportation for ul1 parts of the City. I,layor Brown saie! he helieved 1,ir. 'l111ayer did not wish to have the natter passed upon until his COl.lnittee can do some research on it. He said this is the third time it has been before the COl.nission wi th publicity. !Ill". Thayer said that the ChDmuer of Cor:Ulerce \'I9S interested in this alno, Hnd thot it is felt by uoth eroups that whoever has tr8ns}JortHtion ftlciliti€ls in the Git~r should have enough capital to be ahle to build IIp 1m.sineos in,3 rean YIhieh Dre not used to bus service, and that people should be il1forr,ec1 that if they do not support the uus system it will be discontinued. l.iayor lJrown felt th8 tit should be :1n the hand s of pri va te opel'ators and that they should be I~iven 8 S 1:111Ch consic.lerution as possible. He said that he ,"'ou1d lwte to see the cOl'lpnny opt!ruted hy tho City and defic:!.t paid by toxation. 1,11'. Thayer ~tated that people in ontlying districts where there is a r;reat deal of popula tion need bus service hadly. COllr.1issioner blD nton a skeel \/hen the franchise expires. City h.ttorney replied that it \'/ou1d expire in about nine nore years. He said that the City has no )lore ril~ht to control or vary the franchise at this point than one \/ould have in asnigninr; a deed, that thel'e \'Ias no restriction, and that he had been surprised to learn that there wos no such reotriction. He said the Commission is therefore not legally in a position to forlJid the l:iSOicrlllent. 1.layor Drown soid that nevertheless they \'/antecl the f'~ood vlill of the corun..ll1ity, and that it should be held over until some of the points could 00 clarified for service in the future. Gorunissioner 131onton Hoid thot when a new fronchise is :r:u:lde that the 1ms COl'lpany serves ac1ditional .sections f'rOr:l tir:le to time as clelland reqt'iros. He said thl:lt a company f~lven a franchise over profitable parts of the City shou1(1 ta}i;:e the r.lore unciesirub16 areas, also. City Attorney said that the;.T do have certain oblif'~ations under the present francl1ise and that if they do not live up to theM the City can do somethinr~ about it. He said that if the present conpany has not lived up to the terms 01' their franchise perhaps the q11estion should be asked Wightr.18n and Howe what they expect to do to brim~ thenselves in compliance with the franchise. Mayor Brown said that the City does wunt to knov/.what can lJe done to inprove tho service ih accordance \vith the present !'ranchise. Mr. r.i'hByer said he had frequent telephone calls askin,; v/hat is ,f;oing to be cione obout the bus eonpal1Y. Cor:r.1issioner Blanton moved that this r.:uttel' be cleferred 'Until City l~tinager can l~et in touch VJ:Lth the assir.;nees '01' the franchise unc1 f~O over the l:1Btter and report bacl-:: a t an early date in the presence of the assir:nees. GOl.lmissionel' Blsey. seconded the notion, ''dhich w as voted upon [I nd una nil:lOusly ca rried . Letter fror.1 Gladys Dllnean dated Decer:lber 11th \:0 S l'ead to the Counission by the City Clerlc rer;ordinF; drainar,e ditch which is blockin[~ the developnwnt of a section of Oak Acres Subdivi3ion. City Engineer said his only inforr.18tion was regarding the developnent North of this - that he had hact no opportllnity to \'101'1: on it. Commissioner Blanton l:1.oved that this netter be referred to the City Bngineer and City Manarer for study and report back on it at the next regular meeting. COl:u.1issioner Black seconded the motion, which was voted upon and unanimously carried. Mr. Alex Finch, httorney, urought up the COJ'll'1itteo' s report on Boptist Church with reference to property line. City 1.Il:lnager said he had V:Lsited the area with other members of the Cor.lIllission, and tho t the area s di scuss,:,d involve the exchange of property a t the foot or the hill on the West side of the J~:.1ptist Church for property 'on the South side facing on NOl1tk Osceola for the Jm.rposo of' e8tab1ishin~ a Sunday School. He said that 70 feet focing on Cleveland Street at the foot of the hill by 95 feet at the South property line almost back to the auditoritlln ".cuId be exchanged - ~~-- -.. ,;.,....', ".-.'. ",.'.' ': :. .' , .,....:....:.. '. . ....,. : :; ,',' I', .. :'\ ", - '..:" .' .;': :'~: ~: / , ',.':>:I;J~:~< ','. ,:.::.:.'. \ ".' ," ., i' I. ,.," I,. ,:.: .,.; 1,;,;....""CI,...,., \ ! >}:;;2Hi;~~;) .: ... "J'. f..". .,t .'''.'''.'' ./~~.~~~ '. ,:".,~.;~ .~~ r~.'.~;~:;f ii~r; C" " , .,..~~.:::,...~~'.~'~..:.~~\'~.;:..y::.:::t::.~~..:.. I,," ! ;~\~0J,;,~;~:~~J;U";::""'L:. . ' , ", " '" "" ,," "., ,- ""'~"""'/' ;"c",ee, ,~: ~'" ~~ ,; ,: :" '; -7- 3 '1 .3 CITY CO~1MISSION MEEr.!.'ING , ;~~e:~e ~9~h;O~;P~1~~ [~~;ch:;~;:;;ll:;;e;;;: S~~~~d o~e t~:f~h~~C~h;t~~~~h si~e VI~~ 'l\;~~r;~;\'f; ,.';',j too t the Church could be a pproa ched f'rorn the Club House. The building could be I, ,.,' ,.. , " moved 25 f'eet due West fronl its prenent locution. The expense of turning of the Horseshoe Club around would be borne by the Church ln aceorclance with statement made to the City lllunager. COlnmissioner IJlunton said that would bring it up to the first, terrace so that the property would not be on a slope. City L~noger said th~t it is an exchange of the bountiul'y line. Cor:rr.lissioner Blanton said thnt the front property on Oaneola must be kept in f~ood and beautiful noncii tion and that the pre sent sethack muot be !:1Elinta ined. CO:Innissioner Black moved tha t the Cl ty l\lunager and City Attorney be authorized to proceed with the necessary legal inntrllrnents for the exchange of the City property in ancordance wlth the r:lBp which is in the City 1,10 nage r' s posse s sion for a pproximutely 70 feet on Clc vela nd Stroet with an eu oement pl'ovlded on the South of the 56 f'3et, and that this ue an e xchunge of houmlary lines with provisions for the Church to retoin and beuutify the landscape and preserve the setback lines on Osceola Avenue, and thut the cost of the l10ving of the uuilding on the present City property be borne by the lJ9pti:Jt Church, (lnd thut proper off'icers be authorized to execute the deedn necessury to CO!lSU!:lIilUte this transaction. Cor,\ll1iosionel'" Blanton seconded the I:1otl on, which Via s voted upon and unan imously ca rried. Mr. 1.'inch uslwd if it \'Ias the ogreer.1ent of the Church to !:love the lJuildinr,. Mayor Bl"'own salei that several members of the Church anci of the Cor:lmiosion wel'e present when the:r !,'18de this stutenent. City Attorney SEliel that prolJobly buck in the records there is a dedicotion of this property for park purposes, and that it will prol"Jably require a ResoJution put through the Cor!IDlission vacating it as Por}:: property. , '---.[\ I .::.;..-,..~. Report from }'lorida Rn ilroan and Public lftill tie 0 Corunission wi th re ference to the Peninsular rrelephone COr.1pany adJustment of rates was brought before the COl'lrnission. It was decided that it was not neceasary that the CO!'1l'l1ission a et on this matter. Mr. Ben Krentzman ~mggested that a letter should be written to the Hajlroad Commission thanking the!:! for their service in this Matter. Corllilissioner r.!.11rner moved that report be accepted and that the f'ine work or the Railroud Commission be acknowledged. Commissioner 131anton seconded the motion, which was voted upon and unaninously carried. I I . , I I J I '! Consideration of CO!IIDlisoion W!:iO p;iven to contl'Elct w:1.th nulf' Oil Corporation to furnish gas enl"'ichr.lOnt oil at the Clearwater Gas Plont from Janu&ry 1, 1952, through 1I1ay 31, lB52. City M9nager said thot this was nerely an agreelllent that the City would pllrchase oil from their company. He said that it io a standard contract such a s the City he s hs d with them for severa 1 yea rs. COlTJr.lissioner Blanton !noved that the proper officers be uuthorized to execute the contract. COI'lllissioner Black seconded the motion, which wa s voted upon and unanir:1ously ca rried. Letter from Merchants Association with reference to the F'annel's' Market, dated December 7, 1951, thanking the C0111111iss10n f'or the favorable action taken in dedicat- ing a tract for the j.'armers' l,lar}~et and a permanent off street pa rkinp; area adjacent to the l.iarl::et site was reael by the City Clerk. It was decided by consent that this letter should be acknowledged. Tabulation of bids for the Protane Gas Truck was presented by the City Manager, who stated that he recommended that the low bid of the L.P.U. Gas Company for ~~6,658.00 be apPl'oved. Oor:mlissioner Ulack moved that the Oity 1.lanager' s r econnnenda- tion be followed, and that the City purchase one Protane Gas Truck from the L.P.G. Company, Tampa, l~loricla, f'or $6,658.00. M.r. Ben Kl'entzman, Attorney, asked that !!letter of' request frOM Royal Palm Motel and Coffee Shop, Inc., for a 5 foot set back instead of the rep,ular 2) f'eet as zoned on Lot 19 of Podgett Estate Subdivision and Zoning Board's reply to same be def'erred, as he understood that if the new zoning chanp;es are passed his request will be unnecessary. Mr. A. T. Cooper, Attorney for Capt. William I.lyer of the Sea l"ever, stated that their L18tter should have been on the agenda. City llianager explained that it was left off' by mistake a nd that IIiI'. Cooper had asked that he be her:trd in uehalf of Capt. Myel' as Capt. 1I1yer wa s not present a t the Commission !,leeting a t which acti on wa s taken to request that his boat be clocked at the new l\larina. Commissioner Blanton asked if Capt. 1Ilyer would be vlllling to waive any objections he r'lip,ht have because his item was not on the agenda. 1\11'. Goopel'replied that he would, and that they had felt that perhaps action on the matter had been precipitated uecause of' letter written by other party boats on the Beach protesting against the Sea Fever being allowed to remain at the City pier. He said it is a tremendous osset to the cOIIIr;lUnity to have the Sea 1i'ever at the City dock f'roI:1 the standpoint of interost and tourist attraction, that many people walk down to see the boat dock. He stated that he has had word f'rom the hutel owners to the effect that they would like to have him remain there. He said that Capt. 1\lyer is now pa~ring ~~60.00 per r,lOnth - a net of ~?480.00 per year, and that perhaps part of this rental could be put toward the neVi h1arina. Alterations v~uld be required at the new Illarina in order for the Sea Pever to dock there, he pointed out, and thot Capt. ~lyer feels that the facilities are still not big enough for his boat to dock there and handle the crowds vb ich leave town in the morning. He has been at the City clock since 1948 - up to December 15, 1950, he paid ~p50.00 per month - since then ~j)65.00 per month. Mr. Cooper stated that he implied no criticisI:1 of the other boat operators, but that he understood that Capt. Youngblood felt that all the boats should be docked the:re1 which was natural in his case. He said that Capt. Youngblood rents his dock f'or $125.00 per month, and has at his dock over five boats at approximately 25 feet in length, for ,~ich he charges $15.00 per month, which he sub-leases. He has eight smaller boats, f'or which he charges approxi- mately tilO.OO per month - a total of $155.00 a month f'rom the boats. He said that if the City is going to force the Soa Fever to dock there that Capt. Youngblood could also be asked to :move over in view or the conditions of his lease. He suggested that if everybody is to be tree ted a like tha t he should be a sked to move al so. He S8 id that the Sea Fever is the largest boat OIl the West Coast - 83 feet long, 63 tons in weight, and that the others are all smaller, and that these measurements show that ~~-_. I.... -......... /)j;~ . , .' '~~! .'t~ "c'{ .....!-, ~.;,:.:.'~:.~t\:: '~)":::::" :" ,.,;. .~"'L,. . i;~~f~$~~~~-t:""'C'-' . ... .'. .... ,:;\'~!'i,(~trt::'C~~ \' ] : t:;~~~i4~{}!%t~i~\::1 0' "1'\'''''''':' ;.'""""f1 .;;"~~~f~f1i;~"1 ..1):, I " 'j ,". " ~ : .. ,'" . I I. . "'~ .', , . ,;.....:.:~. J., . '"<I: "'. . >. -" ." ~ : .." _'r. .~ .' !.,. . . ....;...~..:.l.:,...:.. . . " . ..'. ,,of,, .""~' ,. . ;',. -0- CITY COhThlISSION MEETIJIO December l?, 1951 371 the slips are not designed f'or a boat as long as the Sea l.'evflr. He said the longest was 52 f'oet. IIe said that the reuson (riven by the Commission for rei'llsel to allow him to continue dockinr; at the City pier Vias becouso of rostrictiona in a deed. He said he has seorched thEl public records to detormine whether or not there Vias any such restriction Hp;ain8t that proporty, tinct that he has not yet .found such a restriction. lIe said that the City Clerk had 01130 heen unable to f'ind any such restriction. City A.ttorney read Sec. 1, Chupter 5, of' tho Gluurwoter City Code as follow s: USOC. 1. PtU'lllit for docldng in spoce in fJ'o-:...... of cit~' auditori1.un. "110 porson shull docl::. a bout 11:';0(\ fOl" COIIID161'cilll purposes or for hire (1 t or on the property I <Iocl( or <lockinf~ SPU co oVlned by t;he city loea ted in front o.f the city 0 utii tOl'ilU':l for a longo r )lor iod Ulun lour hours, rlOr shall any pors on dock Il boat pl'ivfltoly oVlnod and lJoed ror ])rivat€J purposes at such aforesaid pIeces for 11 lon/~er ))eriod than ten hO\lrB; providod, howevor, such bouts limy be docked for 1 " lon,r,er periodo of ttlnfl if l:1 per111it is first obtuined from the city IIIHnagor. (Ord. No. 4061 1,2-l?-36). City htt,orno~T then reud Soc. ~I Clwpter 51 of the U1cwrwoter Glty Gode: "Se c. 2. D 00 t s 1i P s . ItThe City I.jfmar;er is hereby l3uthori~ed lmd empowered to rent the boat slips located ot the doclw I:Jncl to fix ond deten1ine the ol,lOunt of rental therefor. "lTo person shull allow ony boats to occupy nor shall he use in any manner whatsoever uny boat slips located at the doclcs without first having paid to the city manoger the amount of' rental therefor." (Ord. No. 406,. 3,4, 2-17-36) Mr. Cooper said if' the Ordin!lrtce is construed to !'lean that the boat cannot be docked for more than a few honrsl and if the same conntrllction is appliec1 to this Ordinance for private vessels it would prohibit S1.'ch individuals to dock also. lIe asked the Commission to reconsider their flction. lIe s ta ted that the Sea Fever pays more rent than any other rental spece, ancl tha t a new permit ShOllld be I~ranted under the sarne terms as the one they had before. Cor.mlissioner Black asked where or what the restriction is to which the CitJ Attorney referred when the ;,action was taken r,several weeks ago, which prohibits the City from leasing the proporty for connnercial use. City Attorney replied that he could give only the same explanation ut this tjme as he gave then. He said that when the question Vias f'irst taken tlp l~or consideration he heard frOl'l several sources that there wus a restriction in the transaction by which the City acquired this propert-y, and that thut is the reason why the Ordinance was written, and that he had f'ound SOlrlOthinlj of this sort in the City Hall in refer- ence to the Mac NeVll:lBn Cbse. He said that this note was misplaced at the tiI:le of the Mac 11eWlllan trial. lIe said that he has eXal'llinec1 deeds and finds nothing of this sort in theIne lie 3aid thnt the Baptist Church of Clearwater conveyed this property to the City, and that he has asl-:ed l1r. lCabrichl Rir:ht-of-\'/ay A.r,ent for the City about it, as he was on the Board of rrrustees of' the Church, and that all he could remember was that there was sor.1e discussion at that time, but that 11.0 does not know whether it .'Jas ever put into written f'orrn. l~lr. Gus Wilder, whom he stated that he had also contacted, said that there WllS cli3cu~sion on the subject, but that he does not recall that it was ever put in an instl'lUllent. He said he found SOl,1e tangle regarding a restriction on the I.lac Newr.m.n case, and that it certainly is not in therecord of the title of this property. Cortlr.lissioner Black said thot he had thought they were restricted in using the Pier for comnercial purposes, and that that is what he based his judr,r,lent on, a nd that if there is no Vlri tten restriction the t he Vlould like to reconsider the matter. City Attorney said that if the City vwntn to enter into a simile r contract with Capt. Mye l' then it should repeal or r.1odify this section of the Ordinance, os it f3hOVlS an intent on the part of the City Conrnission which passed the Ordinance to designate the dock B8 a lapdinR and service dock only - not to dock commercial boats. He said he believed it vms to l\Bve been desi~nated as a permanent docking facility, and that he felt that the record should be cleared re~arding the Ordinance, and ttlen r,o ahead and do what they want to. Mr. Cooper said that he did not agree with the Attorney - that he felt it did not stop the Gity ~rom leasing space :for cor,mercial purposes at the dock, and that the old one didn't either. He said that he felt that the text of the Ordinances are almost e.xactly the same. Corrunissioner 131anton said that in view of the coni'usion in the Ordinance that if a new one is goinlj to be drawn that t~le T.1atter should be deferred until a new Ordinance is approved by the Corinnission whicl1,ubsolutely clarifies the situation and makes absolutely clear what can and canndt be done there. Gor.lLl1ssioner Lynn said that the COl!unission is sitting as a body to enforce the la\vs in the Charter and that if the Commission cannot prove what is true or not true then it is di.fficult to tell. what to do. He felt that a Comr.littee should be appointed to meet with the Cit':>T Attorney so that the Cor,mJission will know whether or not they a re abiding by the law. He said he had nothing aga inst any incH vidua 1, but tha t he felt tha t the Cor-mission should not disobey any laws in the Code. Mr. Cooper repeated that he 1'"elt the City is not viola ting the Code. He sa id he felt it was a license to rent the dock. Cor.nnissioner Lynn asked if it Vlere possible to hive the Ordinance the interpretation which Mr. Cooper r,ave to it. City .h.ttorney said that he thought it woulcl be straining to do it. He said i:f u\'/ords and Phrases" are consulted it would be 1'ound that a Permit as distinguished frOJn a lease or deed is teuporal'Y permission of some l{inci - somethins not of long duration. He said a buildinr, permit, f'or eXD.l!1plel is to do something now, and expire S vlithin ninety day s. lie sa id tho t i~ the Cormis sion had intended to control leases by this Ordinance it V'1011J.d have said so, but that insteadl they said 8 special permit \'Ias necessary to extend the tir.le. He said that the worning appeared clear to him that the dock \VO s to l)e used B s a la nclin{; .fa cility for ~ish1ng boats and that it wa s intended by this Ordinance to limit the time that visitors in cOl"unercial and private boa ts could keep their boa ts there and keep thera fl.'orn staying there inde.fini tely. Commi ssioner Lynn a sleed how soon the City Attorney c auld find out exactly what the Ordinance means. Commissioner Blanton said that this Ordinance should be repealed a rxi a new one Inaje. He said that there are other slips there which woul.d accot1Il1odate smaller boats end that .facta should be broadened so that they would know what they a re doing in handling sma ller boa ts. Mr. Cooper commented that any governing body seeks to get the intent at the t~e an Ordinance was passed. He said that this quotation ~aB taken from Ordinance No. 406 as originally passed. .,.......,. . " .-..--, _fh\_,...,,-... . ',' ~-:.",':":;'Jl; i .. ". ~ " , :1.. . , I,. .. ';.. " , ,:::",.1.- :~:;~~ !::{ l:!~J~~ J:;:I,)'~'l.:.t,~(' l~}~~~[i.,;~ . },": ...... "t-"9"'li'~fi.' . ~:..:' {,'. .: .~;~ ~;:.) '5 ":"" 4-t ~"r': ~ f~: .~. , /r ,~ '~--'-.' / ,{/ /"x. "May I (' :. '.,.,.",. . it'~~~1[11~!~:.:fii~;~itf:~ti~'fu!~:~~:1~~':::~';;"'i',[~;~':~" ..,~:,. ..;. :. :;',' , ~ :.. : . '.: ~; '.. .;,.. "", :.,' ":, "-" ~ .-'" ./ {.~ ',. ,'..:. :':,:i :....:,.:.~:, ...;~'~,::...::' . ..L __:.:; :'-.:. ',::. .~. .' ',i""~';"~;;~" Ii '>:"&'!:~ ..~(,~.,~~'~~;i?~~~~:\;?1. ,; :,:'L:;;;~,~:;,::~i~~"';;1,~~,~:0~f~W!~~;ii':" ..'\. -9- CITY COMM ISS ION MEETING December l?, 1951 He then read the title of this Ordinance as follows: "All ORDIfIANGE HEGlTLArl'ING AND RESTRICTING THE lTSE OJ? THE })HOPERTY, DOCK, DOCKING SPACE AIID BOAT SLIPS O\YNED BY THE CITY. 01i' CLEARWATER AND IJOCATED IN Ii'RONT OF THE CITY AUDITORIUM AND PROVIDING PlmALTIES FOR THE VIOLATION OJ:t' 'J~HIS ORDINANCE. It Mayor Brown said he felt that the 1I1anager should ir:1Illediatoly clean up the ,damage that was done by the usage of' all boats, aOO beautify the area. City lyhmager stated that he had been direc ted b~r the City CorilIl11ss1on to do that the night the hIa yor wa s not here, but had waited to learn the intentions of the Cor.D";lis5ion regarding the dock. Mayor Brown cOJ'lr.'lented tha t the usage of the dock ut the present time is limited because people ha ve no inforItlll tl on 13 s to wha t the COr:1J:linsion intends to do the re. Ho said an ot:lrly l!1eeting should be held to f)stalJliBh junt hoVi to llse that facility. He said the 1,1orina fucility is taken up to capacity. He said as long as work must be done on the new Marina a permit should be gi van to Cupt. Illysr to stay the re until it j,s completed. Cor.mif.lsloner Blanton l!loved that the matter be deferred until the Cor:ml1ssion can fl'loet at an en rly (late arId establish a policy, and when the City arrives at what the policy is f~oine to be, have the City Attorney prepare a new Ordinance repealing this one and covering the }J()lic~, which will iJe set up at that tirtle by the Connn1 ssion. COlrnn1sf1ioner Lynn seconded the IrIotion6 which V/[l s vo ted upon and una nirnous- ly carried. llIrs. De\{itt naid she me beon connected with 1;18ny Civic organizations to help and to be/;\uti.fy Gleurwutol'. She said that Capt. lIyor helped move out 70 plltients frOIl! Bay Pines Hospital and furnished free coffee and coke while doing so; that he also tool<: some Carl Scouts on the boat frue of charge, and that !lIrs. Myer is very active 1n promotinB Clearwater. She also spoke of his f'ine rescue job in the Bay which she said he perforrlled vJ1th no thour,ht except the saving of lives. She said on a Ie rge pilea sure era ft rocently she wa s unable to r,et in to any Ci t~T Dock and had to return to St. Petersburg to spend the night, so that she f'elt that Cleal'YiBter's dockinr; .facilitiea were fer .fror:1 sdeqnste f'or small boats. COf'lIiliasioner Black moved that Capt. Myel' be authorized to continue to operate frOM the City Pier until a decision is reEched by the City Cormlission in reg~rd to what action it will take and \'Vhat its policy shall be in connection wi th the operation of the City Municipal Pier in f'ront of the Municipal Auditorium under the saIne terms a 8 he has been operating in the past6 at the pleasure of' the Corrm!ission as to length of his stay there. Commissioner Turner seconded the notion, which was voted on and unanimously carried. City Clerk read letter dated December l?, 1951, canvassine the voting machines in connection with election to be held the followinr, day, Tuesday, December 18, 1951. Connnissioner Black moved acceptance of' City Clerk's report, which was seconded by Cor.missioner Blanton, voted on, and unanirllously carried. :Lleetin~ \/as adjourned by Mayor Brown at 12:21 AliI. Attest: and Clerk <:' '. . ,.;.' \.~: .'. .' 'I. ' ., .... . i~' ~;~~ji{~~ii~;]li~'li~1;i;::~it;~~:~:::.:,: ..:\;;:,:;;:, ;,',,, '. - , . . ". .' " . >, . ". ,~' ,,- ~,'-, ; 'i.:':;:;;,:'.~'.V;. ;.:.1 '.' , - ", "."' . '." I<~';".~" ". ~.,~>, I , :,. ...:" ,.,; '~..':~"..;; :3 7~' .- If ;;:~ ',' ;.\:~~'~ ,,.., i3~;j~'*~It:~I;1 , , "1 . . . . . , ": "'1 ". :'. '. '.: ~ ". ;., , ,...; . " 'I .' , I CITY COlIMISSIO:tl MEETING December 17, 1951 December l4, 1951 Mayor-Comr,1issioner Herbert 11. 13rown Commissioners: Her'bert Blanton Oa rland Lynn Thonas H. Black Joe Turner Gentlemen: The City Commission will meet in regular session lllonday evening - December 17, 1951 - at 7:30 P.M. in the City Hall Auditorium to consider items on the attached agenda. L,~': ,. .... i' f' ' I I t ! ! \ I 1 I I I Youro very truly, /a/ F. C. Middleton City I.lanar;er I i I I .! , ' - ...,' " t ' \ : ,,':( '..!" "'~1l~~t~~, . "....,'..!<)..,..')'.~ . ;~I'llt~< .:~;) ~:~, I' ,',;'r', FCM: Em Agenda - Regular Meeting of City COl11lilission Dec. 17, 1951 - 7:30 P.M. - City Hall 1. Approving minutes of meeting of Dec. 5th. 2. Public Hearings: A. Sanitary Sewer - Barbour Morrow Subdlvision. B. Turner street widening from Bay Avenue to Myrtle Ave. 3. Opening of bids for: A. Police Cruiser. B. Sanitary sewers in Barbour l\lorrow Sub. C. Pa'Iing Myrtle A venue fron Cleveland to Drew Streets. 4. Tabulation of bids for Protane Gas rrruck. 5. Assignllent of transportation franchise from Clearwater Transit Company to Wightman & Rowe. 6. Committee's report on request :from Baptist Church, with reference to property line s. ;;,:, ,_.:,,:'/.~.:~~~:::,,:{;,\' ,;.>. I' . .' :'1'.."""'.., ......'-.'. ." ,.' ".'~".,~, ">' .,::' ..:~ ..>:~~.,::: :':. ~'J 7. Report from Plorida Ra ilroad and Public Htili ties Cor.unission with reference to Peninsular rrelephone Co. adjustment of rates. 9. Commission's consideration of f,asoline and oil cOtlpanies to lease a filling station site at Marina project (present Sinclair Station). COIamission's consideration of contract with Gl1lf Oil Corp. to furnish gas enrichment oil 0 t the Clearwa tor Ga s Plant from .Tanuary 1, 1952 through May 31, 1952. 8. lOt Comr,1ission's consideration frOM f';a soline and oil companies to furnish e<p ip- ment and fuel to service boa ts at Clearwa ter 1-1a rina. 11. Comnission's consideration of letters from: A. Pinella~ County Health Department B. David B. Lee - Director of' Florida State Board of Health. C. Merchants Association with reference to Farmers' Markot. D. Glad~Ts Duncan - Vii th ref'erence to dra ina ge a t Phoenix and Druid Road. E. Pinellas County Title Company with reference to taxes on lot at corner of Osceola and Haven Street - formerly used for a parldng lot. 12. Utility Improvenlents for Commission's consideration: Below $300.00 Extension: (a) 224' of 2" p.as main extension on Coronado Drive Estimated Cost - ~~180.00. (c) 400' of' 2" p.as main extension on Hillcrest Ave. Estimated Cost $190.00. 120' of' 2" water main extension on Riclwrds St. Estimated Cost - $82.00. 300' of 2" water main extension on Calumet St. Estimated Cost - $250.00. \ \ (b) .i{ ..', (d) "'. ',.' ,., ~__A. For Owners of Oak Acres ~~\l~;: r~")~S;}, I . I I I 1 ,".' ' ',"" .': "'''~i''\''''':'';''''';;''',.'7'f~.,~)!f:imf,Vf.li;~f~'';'.:?'.~i?,'ll;~,?l1;ti~~~_t{ " :,:" '".: .:.', ..c. ':;''-'':'"'';''' ":,:,,,,,,,,",.,'.j,";",",j~;;I,;,j;jilfJt~~L~';\ij):i!'::: ;'/ " I'';;''; .<;, ifi\."""'" 'd. '.'" ',.A CITY COlIil.lISSION MEETING December l7, 1951 , i . 'I (e) 84' of 2" water main extension ()f' Jasm:!.ne Road. Estima ted Cost - ~~65. 00 Above $300.00 Extensions: (8) 730' of' 2" ~as main extension on Ridgewood St. Batima ted Cost - ~440 .00. (b) 550' of 2" water rnain extension on Gilbert St. Estl1na ted Cost - ~?4(j0 .00. (c) 440' of' 2" gas main extension on Pierce St. Est1muted Cost $330.00 (d) 120' of' 6" \'later oa1n extension on Baker Blvd. Esti~lted Cost - ~330.00 ,,",,' ';< .",,,,,",.{ ~I .:' ,." r'~ I'} , .:' : ...~:v 13. 14. Resolution re~esting property owners to mow their lots of weods and grass. CotlIjission's consideration of reC!J est frot:1 Royal Palm Motel and Coffee Shop, Inc. for a 5 ft. set back instead of the regular 20 ft. as zoned on Lot 19 of Padgett Estate Sub. and Zoning Board's reply to same. ,~ ;:~::.,:,~.;';;~/!j.f~,',-' I, :0" '.' ,",'J"".I\'" , l;.i;:<n(;:l~~f~~:i:. " ~. ./,...t...'~.:lJi I~"I ".... )~: :.,;~~:" ,t. ':;;'~;~t~ .J, ,L...~u:~ ',. L.'........, " , . ~..., . . ~~~<~ I: ,- 15. Any items not on the agenda will be considered by consent of the COIllmiss10n. Adjournment. Commission actinp, as Trustees of the Pension .l<\lnd on application for membership in Pension Plan. ----------------___________~________________________M_________________________ . :, · :'jl . ."'. '. . " :;. '.<,."'.:' . ..:,' '.. >. '," ,,' :. . .....,:.. :~~: ~:: .!~.~ . .' .,~ <;~:'.: '..:< '::".:"; '.;'.;\",: .;,::)/fj.~./~(~.;~j;. ;~;il;l. . ... . .,. .>/.'\ ",.' . .~l < ;-. ..:..::.,\(\:R~>t(/~,:,~:~(; lJecernber 11, 1951 Hon. Board of City COl.\rlissioners Clearwater, Fla. Dear Sirs: 'i:/j~i,,:;;',)"';;i)l !~lllli~lllifit ,...,..,... "'.' ,,~,I Plans are being r:Jado for the developMent of another section of Oal{ Acres Subdivision. A clra inage di teh is in the way of this development. ~lct only is this ditch in the way of' development, but it is destroying property. It was originall~r a small !.lan-made ditch to serve a teTllporary situation. With the development of' property to the north, the turning of a considerable amount 01' addi t10nal via ter to this tii teh has caused erosion to such an extent tha t in one place there is a gully approxinw tely 40 feet wide and an lRlel1 as 20 f'oot deep. The extra volw:1.e of water entering this tlitch COlnes from two points: (1) Corne r of Uulf to Bay 131 vel. and Duncan A'/e. (2) Corner of phoenix and DMlid Rd. Both of these points hove ~ slope toward a natural stream. The development of Oak Acres has been an asset to CleSl'water anc1 further development will increase that asset. That this I:18tter be placed on the ar,enda of your next Hoard :meeting, December 14~ 1951, in order to remove this obstacle at the earliest possible date, is respectfully requested. Yours very truly, /s/ Gladys Duncan December 17, 1951 Mr. Prancis Micldleton~ City Uanager City of Clearwater Clearwater, Florida Dea r Mr. Middleton: We grea tly apprecia te being fa vored with an invi ta tion to bid on the se rvice station property now being occupied by the Sinclair Oil Company statlon~ but 11sve not been able to work out a satisfactory arraneernent through our people to submit bid prior to the deadline as to the date. Regretting exceedingly that we are unable to bid, we rema1n Yours very truly, ....... GULJ;4'1 OIL CORPORATION /s/ L. B. Wilkes District Manager CITY COMl.lISSION M~ETING Deoember 17, 1951 .3 7 g' ",* - ,," .: \'. ~.~: , ' , '; .'. :;: .:..'--:'~. :;.7'!I';':'.", ';. ~',~';'1~~ :' ",. ...!J/'~""~H;""; ,. " Lake land , l!'la. December 6, 1951 City of Clearwater Clearwater, Florida (j.entlemen: '." ?:':'~~'; On behalf of 1~'Y Company, I ar:1 pleased to submit a bid on the City's Service Station property now operated by Mr. Lancford at C1eurvIOtcr Beach, as follows: We will pay a flot rental of ~;150.00 per month on a lO-year lease, the COMpany reserving the right to r.10l-::6 any imprOVel,1ents they nay Bee fit to do, the City being rellponsible f'or all tuxes. We Vlould inntull nO....1 equipment, replacing all units now in 'Use. ., r' ,.': ", "",' 'l'rustinp; 'We r.lIlY have the pleoaure of doing buaines3 w1th the City or Clearwater in connection v/lth this propert~r, I rer:lllin December 7, 1951 I, ",,' t : ":'" f ,:." ;:,~'~~;~!';'i!: ':: " GIK/ec Yours very truly, /s/ G. I. Keener District NanaRor ---------------------------------------------------------------------~------- To the Honorable Nayor, City Managor, & Board of Comrnissioners Cle/ll'water, Ji1lorido Gentlenen: On behalf' of onr Prenident, Mr. E. C. I\larquarc1t, and of our l<'arrncrs Market Cor:ani ttee, \'In. Ii'. Rahbawn, Cha irr.1Bn, Vie thank you for the fa vora ole a ction taken at your meeting on \vednesday eveninr" December 5, in dedicating a-tract for a permanent site for our Parmers l\l!:lrl::et. .Also, for the provision 'You r.18de for a permanent off-3treet pnrking a rea adjacent to the Jlarlcet 3i te E:lnd to the new Court Street extension. As much as anythinr; else, the friendly and co-operative attitude of your honorable Dody 011 both of these projects is especially appreciated. ~~he Of.ficers and Directors of this Association will Gount it a privilege to have the opportunity to confer with the Cormnissj.on on qllflstions af'fectin~ the business interests of the city, and espeCially in this time of rapid developr,lent, on the ~tter of providing still more adequate of'r-street parkinr; f'acilitiea. Yours very tru.ly, /sl A. V. Hancock Secretary December 17, 1951 The Honorable Board of City Commissioners Clearwater, Florida Gentler::len: In cornpliance vlith Section 24, Chapter 7, City Code, I have this date inspected the votinp.; machines at the !'forth Garden Avenue l"ire Station and the Clearwater Beach Fire Station and I have found all dials properly set, the nach1nes locked and sealed and properly prepared 1'or the election Tuesday, Decer.1ber 18, 1951. The voting machine nUl1Jbers, the number ref~istered on the protective counts and the seal numbers are listed below: Protective Machine # Counter Seal No. Ga rde n Ave. 65521 004012 36203 64996 003055 36205 65533 002948 36206 65483 003376 36204 C1. Beach 65402 003316 36201 65531 004190 36202 l1GW':LB Hespectrully ~rours, /s/ H. G. Wingo City Andito:r and Clerk ..... __,......,.. ,~ '.~, ~~ I, - .. '.' . , . C:.' .~.~. .;. ;:~:.;'...;,!;.:~:,:;;:i:!; f;;;':::': ~~~:;;~~t~:.:;i.:':~{;;;,;,~.,;, ;i.:;:';';~~:::;,::,,:~ :~:;..":~..; ~:""/t":;::~j,:;E;',,,,:,;~:j,":' ;'.' '.,/. 3 '1 a,{;~;fi~~!fi1i~(\i' ~(;,: .,~ f Fr: i ,'J;.,.,l":'r" ., ~l' " II~il~~i" j\;H\lf~~1~rf" <..:':" .,:::..1 ...;., 'p' G ITY COMr.IISS ION I\IEETING Dece~ber 17, 1951 PErITIOU ".' . '." .:, ". 1 ." .' '. ""'~~". ":.' .:.;;. '~;'.: ~.::.~.:~.';, ::~':; ~~. ,~:',::, "':Y~'~I December 10, 1951 TO: The Cleal"'water City Connisalon Clearwater, l1'lnricla ,:' I ,,~~ ..~....-:.~ .) ,'- ., '~.~:;';i'): The question of' widening 'l'urner street frOll1 ll'ort Harrison Avenue to Day Avenue has been taken under lldvisement and discussed pro unci con v/ith all of the property owners affected by this action f~l1d the proposition has been lJroken down to the followinr, basic f'octs: (1) This whole sectIon of Turner Street in its entirety constitutes only three und one-half blocks, st9rting at l"ort Harrison Avenue and terminating at a elead end a t the 130 y, only two hlocks of which 8 re proposed to be widened. Therefore, be it understood that we consider this no thorolU!,hfare. I , I I (2) It is the c oncen sus o.f opinion of the 0 ffected parties tha t since Turner street is crossed by two recently created throllf~h streets -- Oak and Bay - that the only plausible reo son for the proposed widenin~~ could be to funnel tra ffic from these through streots into }t'ort Harrison Avenue at a point where more school children cross Ulan at any other point jn the city. (3) Since the parties concerned have for SOJrle years past occupied and at the present time occupy adjoinin~ properties to be uffected, and constantly observe and act and react to any parJdng problems and consider their opinion to be the most expert in the 1710 tter, deera it of no consequence in considering the widening, it creates no hazard; with the possiblo excoption of Sunday wornings no inconveni- ence is experienced and that of only short duration of one and one-half hours at most. (4) Every single piece of property with the exct'~ption 01' the two churches involved is owned by retired people, who ore trying to battle the tide of ever- incI'easinf~ cost of' livinr, on fiJced incomes and rental propel"'ties which are limited by dated architectuI'e and appliances. The active earning povler of these people is pa at; they ha ve reached and J)/3 ssed the point of the proverbial straw tha t broke their economic back and are barely }wngin~ on afte~ recent tax boosts, utility a ssesanents, and the rapid rise of living costs in genoral. (5) An 8ssessnent, no lrl.otter how trivial it !.light SeeI:1 to the parties proposing this move, would in most cosos be totally unbearable to the already strained constitutions and pnrse of Inoot of these property owners uffected. (6) The na tural beouty of the streets would be inpaired and depreciated no end. (7) Placing of traff'ic even five feet closer to the homes ,'/Ould create a duet and noise condition which would be detrimental to health and income through deprec ia ted inducement to renters and prospective renters of the properties. TlIERBli'OHE, it is the unbiased opinion of those most offected that the widening of this particular part o.f Turner Street from F'ort Harrison Avenue to Bay Avenue is not necessary, cloes not constitute an ernerp;ency and Vlould work a serious hard- ship on the owners of' adjacent properties; would increase the hazards of an already hazardous crossing used b;f school children; would not be considered a n improvement by those affec ted; would be considered an unnecessury, umvanted and unjust 1m- positi on and 0 violation of the wishes and best judbI'1ent of the owners of these propert 1e s . Signed by twenty persons. -------------------------------------------------------------------------------- December 17, 1951 Citv Commlsl3ioners City of Clearwater, Florida Gentlenen: Being the owner of the property located ~t tl~ north Vlest corner of South :Ec't. lIarrison and rrnrner Street, I am very rmch in favor of the program to widen Turner Street and vlOuld have no objection, whatsoever, to pay l.lY pro-rata share on a front foot basis for this work. It is my opinion tha t this work should be started ~ t the earliest possible date. This corner has been a hazard and a bottle necle for eas'c: and west traffic mal'TY' years, [is parking is available only on one side of the street and it can handle only one lane of traffic. It ia my hope tha t you wi 11 r;i ve this your thorough considera tion for the city as a whol..e. Very sincerely yours, /s/ Ben M. Evans BME/m:r ....,..,t~, ._, ...... Ii. , "'~ 0_-.., . . ~, , ,;". ..,. " i'" ) " ,,;. " t~>('~i..' . , , "I, , :"t<> ":':.""., ...... ,,;.. :', .... ,:,,".',;. "':':'<';'\~It';:';::\';'({;'~lo/!"~:":';'Jiif~",'i~}:;:;:;."":~~:~;~"i1~'~~jt'^:r;~~fi~tf~~~~~~:' " ~!t~;;~:;:~ii0;t:2~"""",,","~;;;;~i:;'ti~'~kJti~~;';;'lci.,,,,,,';;;,.;;4;'~~0~~t~(*-if -- .......'" '.<,' '~. ',',:'- CITY COMlIlISSIOU MlmTING December'1?, 1951 Deoember 1?, 1951 City Commission City Hall Clearwater, Florida Gentlemen: I have received "Notice Of' Public lIearinRlt on the widening and paving of' Turner street from the East line of Bay hvenue to the West line of hlyrtle Avenue and, being interested in Lots #9 ond 1110, Block 2 of Wallace Subdivision, same 'being mentioned in the lands benefited from these irtlprov61nents, I bog to entor my protest against the. cost of such wideninl.j and l~ving beinr, E.lsBessed against this property. My reasons for protest ore first, that this being residential property no benefit to the property v/ill be derived f'rom.said ohange; second, that by the very limita- tion of ending the wideninr.; and paving at Myrtle Avenue shows conclusively that it is done to handle traffic froIn the main bl'teries of Bo. lilt. Harrison and Myrtle Avenues and, as Bueh should be deeliled in the complon r;ood of all of the City of' Cleurwater and should not be asseased only to those lots fronting on this street. Turner Street would be of sufficient width to handle all traffic wore it not for the fact that employees of' an fluto 8ales agency, not located on Turner street, use Turner Street for their pal'king from ?:30 in the morning until 4:30 or 5 o'clock in the eveninp;. I will be unable to attend your lneeting tonight and choose this means of entering my protest against the action of the City in rnalting such improvements, the cost of which will have to be paid by the property owners who are not benefited. Very truly yours, /s/ L. G. Abbett LA/mh ,.;'" :.,' J ;' . , ,-:;. ~ : .. :,' " ."" ." .: ,',' , " .~ ", , <, - " ~ � ' C:CTY CCMt�'IT88IOI1 �IEETTIIG vecember 17, 1951 3�7 The City Cor.mi3.�sion o£ the City of Clearwater rie� in regular session �•� C�ty FIal]; on r�4onday, 17ecembor 17th, at 7:3U PhI, �vith the Pollowing members present: Herhert &[. J'oe Tttrner Herbe rt bI , Ga rla rxl D . Thorntt s H . Absent: lione Brawn Bla nton Lynn B1AcY, Jr. Also present: F. C. hlidclleton C . E . �Va re S. Lickton Geor�e T. hlcClarmna Meeting was called to order b� NIayor Brovrn. 1�Tayor-Corr�issioner Commissioner Commissioner Co�rnnissioner Comr.iis sioner City I�lanager Cit� Attornef Citv En�ineer Chief of Police Commissioner L�nn nlovod that minutes of regular meetin� of December 5th be approved, in accordance t�3th copies thereof i'urni:hed each z�enber in writin�, and that their reading be clispensed with. Commissioi.�r `i'urner seconded the motion, �vhich tvas voted upon and carried. City hiana�;er sta�ed that one bid had been received iro� Larry Dimmitt, Inc., of Clearwater, for a netiv Chevrolet four-door Secian for w564.13, plus trade-in. Gomrnissionar Blaek moved that the matter be re2erred to the Git� I�ianager for his study and recorrmxendation at the next meeting. Cor;uaissioner Blanton seconded the motion, �^�hich was voted upon and carried. Notice oz puUlic hearin� was re�ad by City Cler�, f.or sanitary sev�er in Barbour- Iliorrotiv Subdivi3ion. City Clerk �tated that no objections had been filed v✓ith him regardin�; it, nir. Jarnes C. I�erekes, of the Light House Cottages said thst he believed measurements are incorrect as deacribed in the public notice, and that �e h2d received no notice. hiayor Brown explained that it is the policy of the Cormnission to send notices, but that it is not required by the Ci�Ey Cha rter, which specifies that it need be advertised only, but that he realized that if letters are going to be sent to some they should lae sent to all, and that it is undoubtedly an oversight of some kind that he did not receive one, r,4r. Perekes asked by r�hat authority the v�ork 11as requested - whether there �vas a request for s sevrer or tr�llether sani�ar� conditinns in �;eneral had r.lade it necessary or �vhether the property owners had wanted it put in. He said that no one on East Shore Drive had asY.ed for such an improvement as far as he kne��, and he v�anted to know i#' the City had decided it. Cit� hlana�er said that there are a mxmber of septic tanks in that area �ivin� trouble, due to flood conditions, whieh could be hooked up. Cit;� En�ineer said that his total estimate was �p10,492.00 - that there is a portion which is a trunk line job to be paid by tha area as a whole, Cor�issioner Black said that it crould cost about �5,25 a running foot on 2,000 ieet according to his sigures. City I��Ianager sa id that spscifications included the follo}vin�: 1,980 lineal feet of 8�� V. C. Pipe sewer (� �'p3.40, total �p6,732.00 1,2U0 lineal feet of 6'� V. C. Pipe S�rver (�? �1,80, total ��2,160.OU 8 standard rsanholes, C� �200,00 total w1,6UU.00 Total w1U,492.0U Ci+;y Atto:rney said that there r�as another sev�er project adjoining this ��hich �vas on � tract between the City ard the property owners. City Engineer said he did not nnow about that cont-rAct but that he thought it included th�se lots and that when the cor.tract v+as discovered the two lots rvere excluded as they had previous contractse Cornraissioner Black asked aUout some of the raeasuremer.ts and amount used. hlr. Kerekes said that ha has Iour 1ots, and that �he City has iive connec- tions for him. City hianager said that they v�ere put in at __50 foot intervals. He said that these lots ti��ere larger than any of the others and that ii some o£ them �rere sold it would be customary �•o put then in at fifty foot intervals. He sa�d the5 r.1i�,Yit have to be ad justed in the niddle oi the block. Gity Attorneq � said that it is assessed on an area basis, that hir. Iiere]ies will not be assessed for Any particular nurnber oi' connections. ?tIr. I�erekes said that it was for the convenience of the City if they cared to use them. City AtLorney �aid that that rvra s ri�;ht. City Engineer said the la st ane would not go in a ny�r•sy - that bhere would be four on that side only. I�ayor Brown askec� ho�v assessments v:rould be laid. Cit�* Engineer sa3c1 that the total cost of sewers wnuld be divided by t_he street �'rontage which ia actually bene.fiting by the se�ryer, He said the extra length of server line was put in so that in the i'uture if peopla vrant se��erage they �on�t hava to bear the full cost. City Engineer said it would run about �p4.60 pEr fr�nt foot. He said this particular a rea ���as on A front foot basis on�y, not around the side, and tl�at it tiaould include their proportionate share of the trunl: lines and aianholes. In reply to questions by D•ir. Kerekes, Eiayor Brown �tated that the Cha rter provides that �n improvement lien can be paid in ten years at 8� interest, and that he agreed with nlr. Iierelc�s that there r�as no reason v�hy the C�.t� should make noney on the tax- payers, ancl that triis should be a r.� tter to be taken up by tha State Legislature and changed. I3e said that bids had been called for because construction is �oing on over there and that the City should find out tivlzat thay are so tk�at tlie IvIana�er could bring in his recorrn:iendatian and report on t1�.en. City DIana�er said that rvork is started approxitnately five days a#'ter tYxe a�varding of the bids, and that the streets are torn up in the neighborhood of a month. h4r, Kerekes stated that some of the residents would lil��e to have the rvork post�oned because it is in the middle of the tourist �eason, and that it �vould mean that some groperty otivners on one sida of the street would have no acces� to their places. A�Ia;�or Brown said that only half of the street tivould be �vorked on at one time, that the street tvould never be 3�g -2- CITY COIt4T�TIS8T0�T I�IEL7.'TNG llaceznber 17, 1951 closed. Another property ovrner said t17at he did nnt f:eel 3� vuas i:Yie time for the City to tear up the street. He said that neople f`elt t1�t tho City ch�oses tha tourist season to cear up the streets. RIAyor i3rolvn aaid that tPie Engineer is con- tinually nrorking on the streets and has not been idle �t any time of the year s3�ce he came. nir. DAr�vin Franit, another property rn^rner, said the residonts in �his area do not cara to have the se�ver put in, and that there 3s only ona construction pro- ject on at this time, and that many property owners would be affected. CitV 1lanager stAted that if nny �ne of th9 septic tanks went bad the Ci�y would b� unable to give the property owners any' reliei at all. I�Ir. Frank said that trouble oould be antici- pated only during the rfliny season, which they do not anticipate now. Mra. Henry, property owner in the area, said she wished it r•�ould not be done durin�; se�son in thAt it would tear up both sides of her property and that they Uadly need to have it clear. She said she is for the sewer and t�elieves Pveryone rvants it, but that everyone wants to �+ait until the tourist season is over. Ir1r. E. A. Barger, Jr., contraetor, said that the project goes throup;h quickly, and that {-,Yiere is very little inconvenience to the property owners, a nd that their lots are not tied up. iie said it was definitely a Uusiness area and that the septic tanks are givin� trauble, those that are not drairing into tha Bay, and that aome are drainin� into the Bag. fIe said from the cantractor's standpoint they wr�nt to lceep the rrorlt movin�;. n7r. k'rank said that Po3nsettia Street �^ras alo�eci for tiaree days when niar.ianne Street wen� throu�h. IvTayor Brown asked Y�o� long it would talce. Another contractor saici that the actual v�ork would take not over four vaeelss, but th�tt some tinies vdzen dela'�s occur theg are unavoidable on the part of tlze contractor. �pz�nissioner Black said that it should be re=erred back to the City Nlanager fon a r.t�re complete rep�rt at the next Cor�ittee meeting as to i�ho reqlzested the worlc, and after con�acting the pArties v+ho requested it, to learn r+hethex a delay of four or five months v✓ould affect their situation over there or not it could be determined �rhether it �vould not be better to have the rvork done �urin�; the slack soason. It4syor Brown said that the hearing r•aould have to be adjourned. Citg Attorney sfl id that it could be adjour.ned until tne City D�ianager brings in a report. Cor�unissioner Blanton s aid tYiat the i�equest cane up to the Comnission irota the pro�erty owners. FIe said thAt the Cor.:anission voted that the Engi,neers r�ake an e stimate and have a public hearing, �nd that no pressure has been br�ught to bear on the property o�j�ners frora the Commission. 1�Ir. Kerekes said that he r�d requested the sewer in 1948 - that he wrote a letter about it. He eaid that he was not oppose�i t� the i�.*iprovement. hlayor Bro*r�n asked if anyone was opposed to it. 210 one replied except i��rs. FIenrY*, who said that she did not ob�ect to the i�provemenL, but only to the time of havin� it cione. She said many felt the same ��ay, and that only if thers is an extremelf heav� downFall of .rain would tla.e septic tanks give any trouble. Com�zissioner Black moved that hearing be adjourned until llecer.lber 20th, at 7:30 PI4I, and that the City I4Tanager be instructed to investi- gate sanitas�c seivers for Barbour-&iorrov� Suodivision, and �ive a report at the next meeting �rith his reco�mendations. Cor�nissionEr T�ynn �ecancled the moti�n, which was voted upon and unanimously carried. Commissioner Blanton said that there vrere other matters which needed to be cleaned up, and suE;gested that the rleetin� be acljourned until about lhursda� niFht of this �veek, and that other items be taken care oi at the same tirne. n7r. D. 4J. Brownin�;, co.ntractor, said that if the n�tter is �?oing to be clelaged he would withdrarv his bid. City i�Tanager advised nIr. Browning that bids could not be r•rithdrawn before the end oP 30 days, in accordance with contrAct he had si�ned with the City, but that bids could be opened at tris time and tabulated and brought back. It was decided by consent that t7iis be done. The property owners agreed that this would be a good idea, also. Ivlr. I3rowning said if bids v�rere opened at this time he vrould leave his bid on S'ile. City hIanager then opened bids for Barbour-2�_orrorz Subdivision sanitary sewers as follo+r�s: StanPield Construction Cornpany, Tampa Cor_e Bres. Construction Cor-pany, Tampa Sraith-Swegert Construction Corlpan�, Clear�vater Laryrence-Rutledge Construction Coripany, Largo and St. Petersbur� Paul Giuliani Cornpan�, Tarpon Springs D. '4V. $rovrnin�, Daytona Beach �1U,274.00 12, 67.2.00 9,437.Q0 11,764.00 13,905.00 9,184.OU Commissioner Bla ck aloved that bids for sanitary seti�ers in Ba rbour-T�iorrow Subdivision be referred �o the City LIanager �or his tabulation and report back at the Decomber 20th x:ieeting. Cor�gnissioner �lanton seconded the motion, which vras voted u�on arxl unaniL�ously c�arried. bIayor I3rown su��ested to the property owner.s that they return �1-,ursclay night, Deceraber 20th, for further discussion, niat�er af tivid�ning of Turner Street vaas brou�;ht before the Cor.unission, City Clerk read rlotice of Public Hearin� as duly and le�;ally published. Corrunissioner Black asked v�hat the total estimate vvas. The Citg Isiana�;er replied that it was approximately ��i7,633.0� for a five foot width on each side, and that it would be approximatelg y°�3.70 a front foot. He stated that no bids had been requested, Mr. 1�lallace and P,Tr. Tnrner, property ovuners in this area, stated that they did not receive notices. CitS� Clerk read petit3on objectin� to the widenin� of the street, si�;ned by twenty�one property ownera. He also read letter from L. G. AUbott, propert� owner, dated December 17th, objectin�; to the project, and letter i'rorn ntr. Ber Evans, Re�tltor, dated December 17th, VJYlO stated that he was in favor of it, DZr. J. A. Davis sai� that he spoke for property orv,iery on the 4Vest end of Turner Street, and that residents there fail to see that ari� erner�;encg exists there, and do nat £eel that traffic warrants the ir_provernent, that such congestion as does exist could be improved or elirainated if a little thou�;ht an3 ��lanning were �iven to it by traffic experts and revision of a zozzing matter v✓hich V��ag brou�;ht up Iast year. He said that the rec�uested change v�as r�uled against ai: that tizne, and that tYie cYiurch involved has zvanted to add to their church, vrhich raa}:es it no lon�;er an R-1 zone. He stated that the Church of kscension has a whole blocl� v�hich could Ue used, anc� reco�nended that it be turned into a parking lot, He felt that i� the streat were widened it vaould invite traffic ancl voould funne]. trafiic into a ver� congestecl a rea with school children involved. FIe sai�l that mast r�sidents of the r�ei�hborhood live on fixed incomes vrith no vray of supplernentin� them and it is e xtremely diff icult - almost imposs:Lble - fbr them to live on their present incames, He said the astimate �;iven by the City 3s only an estimate anu canno� be relie� on and that the petition -3- CI�i".!' COA1PIr85TOTd 1�i�;ETTI�iG �eceraber 17, �951 3 � �' is si�;ned by �38�� o:f owners oi' every f�ot of propertg lyin�; betwe�;n Ft. Harrison and F3a� kvenue. Fie said it 3.s most unfair to expect �e��le v�h.o are hard pressed .Einancially to t�ke on �his expense, espEcia7.lf since they do not f'eAl tl�t the need ior exponse is f;xeat enou�;h no�a to merit r�nkin�; tY�is improvernent. Itia�or Brotivn askefl 3f there vrere others in ob3ection to this improvement, i� r esponee to ��hich six property owners rai�ed their hands. H. L, Rod�;ers, Chairman o#' Board of Trnstees o#' the E�irst I�rethodist Church, said that at a recent raeetin�; of the Trustees they vrished to �;o on recorcl as v�is}�in�; to have the izl�irover.�erit iaade. Ae said that a congested condition does exist on Sund�y raornin�;s, and that the Cormiisaion should carefully cons3der the zna{;ter, azxl tYiat it ��ould benefit trhe A:ethodiat Uhurc2i. �Iayor Iirown a31.ed if i:heie v�ere nroperty orrnera in o�jection to the ixnprovernent �ros1 the other end of i;he Street. EIr. �J. T, Janney, prapert,y o1vner, said tY�,t probably �.t vrould ultir.iately have to ba pui: in an;�rvay, �tnd that if it 1°�ere cone luter i:hera �;�ould probabl,y be a 71i1C�1 hi�;her assessraent l�aid at thmt tir.Ae. He said it does need to be ti=�idened and that beca�zse of the economics involved it should be done novr, bir� ilallace s�aicl he dicl not �now �rhether it t�as �adly needed no1�r, Y�ut triat he is in favor of {;he pro ject even if the cosi; is :h.i�h, but that the� paid for the sidev�alk and selfer ancl helped the other section of tot�+n �;et its se��er and that since the area is a t;ra�'i'ic probler.7 to the Cit;� that it sholzlci Yie1P bear the cost. He sa3d that he l�d about 205 fee�, and that it �•��uld cost hiia t�i�out 5�8U0.00, liliicl2 lae siraglf could �iot afforc] to pay. I+,Iayor Fsror:n saia that it is alvraKs sorne time before the asseygr.�ent is levied after the project is completed as this gives the pronerty owner time to pay the asse3srnent before a lien is placed a�qin�t the nroPerty. I�7r, i�lallace said that in sor.ie cases right �f r�ay is �;iven b;� �roperty ot��ners in exchan�e for assas�r,ient. He said cahen iurner Street cras installed tkLe p�oPer�y ovmers gave the ri�;ht of �raJ withaut cor.zpensation and that they thex�ef.ore feel no�� t�ha't tHe City should not expect the� to pay this aciditional �r,�ount for pavin�;. Commissioner Turnet° �aid that the r3f�ht-oi-�r�ay vras deec;ed to the City years ago and �s public property. He saici in other ca'ses private ri�;Yit-of-r�ay is involved. On �ast �'_'urner Street the same riF;ht-of-way v�i11 not be on private property, l�ut 19i1.1. be on the P�.1�lic ri�;ht-oF-w�ay. Dlr. ?Jallace stated that he has a receipt eho��in� trat his father paid for the street in 1916. City httorney said th�t the Charter of the Citg provides tha� rvhen a pixUlic iraprove��Pnt is r.�ade the entire cost mtst be assessed against the abu{:tin�; property a�+rners. Recentl,y under � 1y25 Act v�hi�h h�s nevEr been used in the CztS= f.or public improverients k;ut ie a lavr in tl�e State, _r.�zblic improve- rnents can be placecl �n tlze property, Len �rears �an be ��iven t� pay for it, and the �3�'� intere9t rate can 've set at a lot� rate. Ee saic it is possibTe �or tre CiL� to set a reasonable tir..e and a re�sonable interest rate, E�e said it could be se{; f�r eac% ease. I;Ir. Lavis said tl?at if one pa�s sorleone else�s clebt it ciid not r.catter ho�v lon�; it took for you to do ite Cor.ff�i�sioner `?'ttrner said he felt tha � the Le�;islature shotild enact a laiv re��srdinf; the �ridening of streets oz �he City oi C1ear�,ater, and that it be the obli�.°at�on of the entire Cit;r, and that any street �mhich ��ould lie tvidened �aoulci be assesseci a�;a�nst the property o1°rners up to a certain tvidth, and a#'ter tYiat ii' it 51�3 to t�e ti�ider it should be asses�ed to the City, Cor.�riissioner Blanton asl;ed the Cit;� En�ineer if the es�.iriate includes the }Jidenin�; and resurfacin�; tl?e street so trat it tivotild �ook like a ne�v street. City Engineer repliEd that it did. I,Irs. ICing said thet it is a dead end street and �he dic� z�at zinderstand why =t should l�e widened. 2;ir. Larne�* said tie lived on Jet'�orcis Street, and t'r_at tre F3ospital is on th�t �treet, and that ii' an� street naeds viidenin� aue to traific situation it is that street. fIe said he ielt the sufi�;estion iaade b� Gor:ffli�sioner �i'urner tivas an e�cellent nne. Z�ir. I,launey saia he livad on iast �i'urner Stireet, and that tie c;zd realize tYiat Clear�aater has s�rle of the ti,orst streets he has ever seen in a tp��n tliis size As far as �;attin�; sor:ie��here is concerned. He said Yie s�rt uo necessity i'or t�idenin�; it fror7 Biyrt1e +o 'r�t. 7�arrison, that it VJOUZC be putting traffic intc; a bottlenecl>, anci th�t he dici not see eJh� property oraners sYcouid stand tre cost. He sa id he vra s in fa vor o.f the irzprover.ent, a nd tha t a s fa r a s the ri�ht of cra f s sIted fror.i hir.� he does not abject, �ut does not t�rant to pa� for the tiridenin�;, he said ii it r�as Foing to be for the t;enefit of' tYie public the L'itv should pag for it. Cor.m�is�ioner �ilanton said he thou�;ht the nrogert�r o�rners should pay for t�te c�idenin� and the Cit3� the pafrin�. City httorney stated that under the C��arter the Gor�:iissi�n is authorizeci to assess for repairs on ori�-inal ir:provenents. Ee ��aid that the �ode establishes a 5�� dividin� line. �iotivever, hE stated, that is a r�atter of policy and could be variaci Uy the Cor.nnission one �ra;� or the other, t,ut that there is no reason rie kne�v oi �tYiy t��ze ;:onziission coulc not pay .�ar the cost of the resuri'aciri�* and assess only �videnin�,; ta ttie abuttin�; propert3r o��ners. ile then reac? 8ect=on 16 of the Ia�^rs oi' l�loricTa, as follativs: �rAll �pecial a ssessrients levied unczer the provisions oi this Act, sha11 be pa�rable in full thirtzT clays aites tine confirr.iatian thereof, provicied, I�otivever, that the Go��ernin�; �ii{:h�rity of the P,iunici�ality r�y bv res�lution provide far the payr+ient oi' any a: sessrrient in not es_ceed�n�; i:en enlzal anr.ual installzients, frora c�ate thereof, tvith in�erPst tnereon not exceeding eirrht percent pei� annums pt�;�able aiinua.'�ly on all unpaid �assessments; prov:ided, 2zoraever, that tY�e owner of the property so assesaed r�ay' pa;* •+t anf tirie 1;1�e flill nriour�t then reria�nin�; uiipaici, b� pa;�inF the entire principal and interest due thereon, until the netit annual interest date.t° Iie stated that there tiras ano{:her section which set up the proaeclure �ahere the Cor;�;lission shall provicle in the ltesoltztion i;he iiaterest rate. IIe saicl tYiat the Comttiission niay vNr�j the interest ar.cordinF* to the Act, out th<�t the CYx�3r�er speci- iically say� Ei;� and �;ives no latitude. IIe a�id that this ti,as an Act Appl�in�; speci- iically 1;o the C3t� of C1e�rGvater, Cor.�:iissioner i3lanton Eisked �vh�at became of tlle law which tii�as in efiect thai; one triird be paid bf the Citv, one �hird by the abuttin� praperty oviners o_f eaeh s_ cle . Cit f_Attorne f repliec� th�t that �ven�t out �rhen the booin c�me in. Cormiissioner Blanton said that that r•�as l�nder the old farri of c�otTerr�ier�t and did not carry on wa.th the Charter under the ne�v forri of Governrnent. City At,tornef atratecl that tY:is w�as adopted alriost univers�lly Y�� the State of Itlorida at tlte end of the real esi;ate boor�. Canrt�ssioner i3l�antor� asl.ed it the hearing could be deferred until the En�;3r�eer could brin�; in the acttial cost of Yridenin� anc3 resur- facin�;. Tcir. Niclt Sa�;onitxs, property otvner, saicl that lie Yias a lot 220� deep �hich -4-- Q'ITY� CQbI�tIS��ON h1�ETTNG �ecember 17, 1951 370. could be L198C� fox park•in� lot on tI18 SP,A}�08T'CZ Haillvay lines. He said th�t he is not expectin� to Uuild on it no��, but will in a couple of yaars. He saicl he ��ou1d char�e no rental - would do 3t for the taxes. He sta�ed �;hat this lot is noar the cigar factory. Connnissioner F3lanton said that there is no cri�ical parkin�; situa- tion there e�cept that the employees from the CiF;ar Factory park an East Avenue tivhere the Seaboard runs. Chiet RicClar,nna said that parkin�; is provl.c3ad an tY�e Y�fest side. nlayor Brotwn asked that the City AIAnagar contact �ir. Sa�;onius to aee whether anqthin� can be r�orked out w3th him in connection �^ri.th his offer. i�3r. Sa�;onius said if a�vorkat�le arranger.ment could be made it could be tralten �xp with the Ch3ef of Polica. City �n�ineer stated that �vithout, the resurfacing the �videnin� of Turner 5treet �vould cost approxi�tely �?1.92 per asaessable iront foot. n7x. IvIauney asked if it �vould be assessec� a�ainst the Churches as yvell as property owners� Cit� Attorney said that the Church's part �vould not be assessed against the property or•rners. LTAyor Brown stated that the Churches da not pay taYes, tiut that i� is in the nature of a lien and �;oes against the property itself. He sLated that aach fron� foot abuttin� on the street would ha ve ta pay, regasdloss of ownership. 112r. Davis sraid that his �;roup is unequivacally a�ainst t11e �videnin� of tYie strast, as it seriously afiects the property ovrners in tha't area. Corrmiissioner Black sa3d that the r.�atter shoul3 be deferred until Januarq 6th so that the Co�annittee would have ample time to study the matter and see rvY.ut could be workecl out, biayor Brown. asked about property ovrners i'rom ��t. IiArrisan to n'Ifrtle. NIr. Turner said he could not afford it as he has a very limiteci inco�e. nlrs. T,e1a D. 1Jaldhagen said sha agreed lvith hIr. 4"lallace - that it 9_s unfai.r to properts� ovfnars to pay for the paving since it woulcl not ber7efit thern. Co�unissioner Turner said ths� he forEsatv the time rvhen cars would have to be taken ofi' the szreets and leave tl�e streets free for the £low of traffic, ii various or�anizations provided their ov�n parkin� facilxties. He said that the new proposed zoning t�rovides i;hat people can have their nwn parkin�; areas. Cornnissioner Blanton said that trere is a parlrin� area which takes care of the traffic situation down near the Churcii of Ascension. n2ro `�urner, property owner, said that i£ the Sagonias �arkin�; lot �cvare claaned off it would not be too far from the churches. Nir. Davis concurred in this, n4rs. �iiller asked if Turner rtreet is to became a truck route, a s she said a Freat r.iany trucks go through there no�v. Chief hicClarrnna said that the present route �oes South down LIyrtle Avenue to Druid Road, then over to Ft. Harrisoz�, and South, and that no change from that route is contenplated. hir�. 14T. Carney askecl svhy the City wants to pave it onlf from Diyrtle Avenue to Bay. I�iagor Brotivn said that it is because of the bottleneck of parking around church areas rather than to i�ake a thoroughfare out of it, and that on Turner Street S'Uest of r't. Harrison that the property ormers appear to be unanimous in not wantin� the str2et widened at this time. On the other end of the proposecl project he stated tliat there seemad to be so�e people for it in principle except in regard to payin� �or it. He added that there seems to be no other abjection, and he asl:ed whether it would be feasible to divide the two projects, elix�inating one. Co�iissioner Blanton felt that the entire improv�ment is desiral�le as a benefit to the Lity as a whole, but that people w� 0 live in the srea aie very much to be con- sidere�, and that he does not want to force something on residents that they do�not want unless it becor;ies an absolute necessity for the welfare of the City to cto it. He said that on that portion of the Street East of Ft. fIarrison fsvenue the property ov�ners would like to see an irzproverr�ent there, but they i'eel that t2ie cost is unjust. He then asked if it tivere possible to dismies the r�stter in such r.nanner that it could be taken up in part or in �vhole at sone future time. Cor.�unissioner L"ynn said that it appeared that there are many people �rom the VVest side v�ho want it to rem�in as it is„ and some are interested £rom tr,e East side but the financial side of it is sti11 a probleri. He said �hat he felt it should be left as it is. He su��;ested that the Ilfayor appoint a cor,miittee and go baclt over the feasibilit,y of any part of it at this time or work on the East side and see whether something could not be worked out now or at some time in the i�.iture. Connnissioner L,ynn felt that the matter of widenin� Turner Street �hould be rezerred back to the Traff3c Cor.�nittee for ftxrther stuc�y as to the feasibilitg of contirna.ing any or part of this project, and that this Cor�miittee should reporti back at a iiztur•e meetin�. City Attorney a sked if the Coirmiission ��ishes to preserve this proceedings up to this point. He said that ii' so, they could set a date for 2 ��easonable l�ngth af time ahead. It being observed by Cor;nnissioner Lynn and the Co�issioners that this project a,s propased at this �ime did not meet r��itl1 anything like universal �na:blic appraval, and in particular did not meet with approval of the ovmers oz property urhich ti�ould be affected he therefore moved that furt�er proceedings on the publiG hearing be abandoned And that the entire rnatter be referred to a special coz:miittee "to be appointed by the hIayor for study, and referred back to the Gor�ission at a proper time. Cor,miissione.r Turner seconded the motion, V�hicn was voted upon and unanimously carried. IIayor Brov�n told the property owners that notices will be sent if it is necessarf. He told ther.m that the City appreciated the inte�e3t shown on their part in corming dorvn to the Co�mnission rmeeting. Bids tvare opened for paving of P,tyrtle Avenue fro�1 L'leveland to llrew Streets. Cit,7 Engineer said that provision had been made for the sevter to be placed in that area prior to paving of the street in order to avoid tesrin� up the pa vinb at �. later date. CityI+Iana�;er said it needed to be handled as a separate projec� since it �ras not an assessing job. Bids v�ere as follows: Cone Bros. Construction Corapany, Tampa J. 1V. Connor & Sons, Inc,, 'Paznpa Paul Giuliani Corapany, Tarpon Sprin�s E. H. Holcor.ib, J'r., Clearvrater P7, H. Arrnston, IJu�ledin Campbell Pavin� Company, Clearv�ater �8,250.00 8,1U0.00 7,5UO.OU 7,55U.00 7,50�.00 7,400.qU Co�nissioner Black move�. that ?�aving bids on P,Z�Trtle Avenue be referrecl to C3ty En�ineer for his tabulati�n and report back later in the eveninE; if he is sble to do so, with his recorunendation. Corrmiissioner �Slanton seconded the motion, �vhich was voted upon and unanimously carried. -5- CTTY COP,IhITSSIODi h1�ETIIJG Uecember 17, 195�. 37I Conaic'..eration oi' �aaoline oil company leasin� filling station site r�t tho T�larina Project was b�pught`be�'ore the Commiesion. City I�lana�;er 3aid th.at there is a ten�at:tve lease from the Sinclair Refinin� Compang on file t�ith the Qity, at 1� per gallon an all �asoline and �p100,U0 per rnonth maximurn, tivhichevar is the greater, and y�15,000.00 worth of improvernent. R�Tr. �braier of' the City Service Station said that the� V�ould liY.e to bid, 'btzt that they did not know vrhat to bid on, nYayor Brown reuuarkecl that it is a propoaal the Cit� vrants, not a bid. CitJ Priana�;er stated triat leases were sent out about 15 daga a�o. Coumiissioner Lynn corrmented that this con- cerns only the Sinclair Statinn and has nothing to do tvith pumps. Ivlr. Stratsr said that he uncler�tood that they had never received a letter. Car�rnissioner Fslanton rexnincled tha Cozmnission of the raotion instructing the Conunis�ion to coxununicate vrith A7r. ICrentzman, At�torne�r, and that publicity was to be �iven the �ttsr in the nevrs- papor. hZr. Krentzrn�an statAd that he v�r�te a letter to T.ir. Strater aug�esting that he aubrait a proposition to the City f.or thi.s meeting. Iviayor Brown sug�ested that 11ir. Strater should co;am� down and aee the Cit,y I�tanager to submit any proposal he might have. Letter from Sinclair Refining Conp�ny .(Itifr. b'isher) dated December 13, 1951, was rerad by the City Clerk, submitting their pxoposal for tY�is site, 1vIr. Fisher statecl that his proposal is subject to hoxne office approval, but that he has learned from their Distriet rii�na�;er that they z�ould use a 6I5 Station, v�hich is more expen- sive than that discussed with the City. He said it wou]�d be in line with the buildir_g the City specifieso Letter from Guli Oil Corpor�;tion dated Decenber 17th h�as read b;� City Clerk, �and one from the Seaboard OiI Company, uated December 6the The Gulf Oil Co=rtpany saicl they had not yet been able to work out a satisfactory arrangement with the3r cornpany pr3or to the deadline date, and the Seaboard Corapany specified a flat rental of �;15U.00 a month, a ten year lease, the company reserving the right to make any i�nps�overnents they may see fit te do, the Cit� t ein� responsible for all taxes. 'lhey v�ould install nev� equipmen�, replacing all units nov� in use. n3r. Strater said he �vould see I�Ir. Iriiddleton the follocring day reF;arding his proposal. Bir. Krentzman said on behalf of the 5tandard Oi1 Cornpany that vrhen this co�pany diacusses a ten year lease it is �;one into s�ery thoroughly and that it takes time for them to submit a�ropo3ition. He said the Cit� should subrnit A prospectus for thera as to rvhat the� would like to have, and tY?at if the�r tvere all given the sa�e tY�in�; to bid on there v��ould be no difficulty in comparing bida and thaz the City could prooably �;et the best proposition for themselves. He said it appeared that there are no com- plete details fr�m any of the s tations. Itilayor Brown said �hat Sinclair has the details because they have occupied this site so long. He said that F�hila the City wished to give thern every consideration that it also felt i� r.na.st give consiflera�ion to all proposals so that they can �et the bast deal possib].e. Itfr. �irentznan eaid that the AroY�itect could prepar� a plat of v+hat the City y✓anted, r�ake � ch�rge sor a set of plane anc� have the cor.lpanies submit their proposals. Ae said he selt this would be a good iden if ti�e �ermits. Cor�issianer Blantan said tha� that v✓as the understar,din�; reached at another Cit� Corunission raeetin� - that the Architeci; �vas to prepare a sketch c" the building, and that the various oil co�npanies could see this and �;ive the City the bid. Cormiissioner Lynn said that that v�as done as far back as July_ I�Iayor Brown said that tilis vras done as far as �he Shel1 Oil Company »as con- cerned. City Aiana�;er said that this was done at the last Cor.uliasion meeting. Cor�ii3sioner Lynn stAted that both stations cauld be com*�leted before the heavy flow of traffic. n4ro F�rentzr.ian said thai if they had plans they cou7.d cio it in ten days or two weeks, but they ��quld have to have something to start on. Cor:nnissioner Blanton asked ho�v r.nzch time I41r. Strater�s company vrauld need. P,Zr. Strater said that their Lngineer could Ue brou�;ht dov�n isrnnediatelv, as thev Ielt it ti�auld be much more satisfactory that vray to vrorY, out a proposal. Cor,miissioner Black moved that tl� City Islanager "be instructed to have the City Architect prepare a rough sketch, and tqpe of construction ior the buildin�;, and price list necessary for the oil companies to sub- mit proposals on the sinr.lair T��arina propert� �i the earliest da�e possioie; and that after this sketch is rnade avail�ble to all companies s�hichare interested tr,ey v�ill have p period of thirty days in which to submit i;heir pro�osaTs; and that the City will cansider a lease up to 20 years on that property so that the best possible station can be obtained. Cor;miissioner �lanton seconded the m�tion, vrhich uras voted upcn and unaniriously carried, City I��ana�er nsked if these specil:ioatione are to include complete building specifications - plumbing, lighting, etc. CoTmnissioner Black said tiie,y did not need a cor.iplete sketch. hir. Krentzmr�n cor�ented that thay need �ore than they now have. City P�ianager stated that the Architects are ��orking nigh� �and day no�t� on the plans. Cor,unissioner L�nn renarked i;hat the ,Architects rrould probably have any f.igures r_ecessary. hiro Iirentzman felt that the ground a reA should be included and 1ex��;th of time it would be needed. City I�ianager said that a meeting rvould be held in the auditorium and the� �;�ould �all be �iven the sar.ie story. Cor.miis�ioner Bl�ck saici that the cor�panies cottld subLnit proposals ti��ithout spzcifi- cations or drav�in�;s - that each one �zas its own architect and engineer. Airs. De4litt said she felt tha � the City should specify l�rhat the I�iarina should look like and that the people vd�o put up these buildin�s should conform to those specifications and that she saw no necessit,q for bidso Cor,mzissioner i3lack explained that this _�aas baera done, and that tha reason bids must be submitted is to obtain tYie best possible building and lease terms that the City can �et. 1linyor Brown said that he dicl not wish to shut the door on Sinclair, and that he w�ndersd whether they s�.ould be put in tha s�ame class as the others. Coruuissioner Blanton said that it sholild be a�rarded to thc coittpany �vho oomplied witli the desires of the Corrunission in the builP.in�,, rvhich would make the best proposition to the City and sall �asol3ne the cheapest. Cosrnnissioner Slack agreed viith this stater:ient. Cor,vnissioner. Lynn said that he did not believe the matL-er should be forgotten that ths Sinclair and Shell people took over the stiations when they were empty and brau�;ht them up to ��hat they are today and that the rsen have- spent much money and time and have �one throu�h a�reat deel of strug�;le in so doing. He said that hTr. Langford l�as stuck it otzt in his l�iisiness for sixteen years tr5�ing to builcl it up. He said they sre �villin� ta �;o on v+ith a new lease and camply with V�hat the City wants. Con¢nissioner Black said that tha le�se automatically takes care of this situa-L-ion. nlr. i�i. B. Thayer sa3d that he felt that the oil companies are entitled to have more information from the City as to wh�at the Citv v+ants, since the Beaoh is an important p�rt of' the City structure and should ha ve a super station. He asked if the City is allowin� enott�;h area for what it has in minc�. He said that it is to the advant�ge �f the City to have the best possit�le stations there which the companies c�an build. He said ho felt that both the Sinclair and Shel:L Stations -�- cz� car��tz.�szorz r.t���iiJtr Decori'��r 17, 1951 ara ent3.tlad to every considera�iozi possiUla, �u� �hat tho Ci1:y St10111C1 f;et un out- si:andin�; station frori �h� 3��andpoint af appearaizae, and th�at siny of tkia coraprany c�an coniori:i ti°��.th tliat, ii �hey rvill. T�Iayor F�rovrn ssid tha'� the Cit�r is deal�.n�; only w3th Shell anc� Sinclair, but th�� ne�;oti� �iona slo�ved dotivn to �a �t,a� n3��i1,1 to �k�e point c�fiere tlie City felt perhAps otlYer ne�;otia-Gions 3kioltld bE a:nv�L-ec1. City •---- hir�na�;er corrobarated P,i�ayc�r Br�rvn�s stater:ient. P�Tr. I�rantzr.aan said 1:h�zt tYie ciifi'exence bettiveen Sk�ell rand SiiZclair ti�f.as that Sl�e1.l �cas reco�;nized as a prev3otz� �:en�zn�; a previous COI7C1j.8�lOTl aaid that they� lvoiild reco�nize %ix. Lan�;forcl rsi�her than his compr�ny - tl�st tt�a� ��ras the undera�Landin�;, tliat if ha v�as able i;o come �'ortl� with as �;ood a proposition as sorie other coiupany he ti�ould have i'irst onportunitf at it. bir. firentzr,�mn then a si:od wh�t the terms oi th� ].easo �v�uld be. 4.layor I�rown said ten years v�ould be the len�;th of lease for Si�ell. Cpr,miissiol�er B1acl� s aid t1zAt the len�;th of the lease vvotilcl bs fioverned by ttie Amount of itioneS spent - thnt if the cor�pany spends a�;reat dectl of rianey the len�;er le� se they ahould be �;3.ven to �;ivp therr� a chance to �;et it l�Ack. Car:nnissioner L�rnn said �hat ��hen tl�e atations i;]•iere were first erected they �rere r.iodern, and no�v tYiey do not laok up to date. He said that in 15 years these ns�v st�tions rvi.11 be out of date and �t�at rie cioes no� believe n lon�; lease is feasible. T.r� risher said �hat �rhen �t carzp�ny spands a�i•eat deal of r.ioney they do r�Ant an option to rene�v �he lease. TIe said no s�ation is t. etter than the operator, and no better than the plans �and speGifica�tions. Coi;anissioner Blanton said that ap�earance und c.onstz^uction shotild be apecified on the Ci�y�s plans. I�Iayor £�rotivn asY>ed if P1r. k'islier t°rished to �rithdraw 2�is ��ra}�o�sal ior lAter presentAtion. rir. Fisher s�id tr_�t r.e did �tish to do so. I� ���as �iecided by con- sent, aftex �irther discnssion, that notices vrould be placed zn the pa�aer �nd notices sent to the c�rlpanies re�;ardin� subriittin�* propo3nls. I+i�,terial on pro�osal froia �;asoline and oil corap�ny to furn:i.sh equipzient and ilael to service boats �t Clearc�ater-I,iarina t�as not complete �and City I�.i�na�;er requested that it be 11e1d over to a la�er YLeetin�;, and tl�at zt tiro111ci be put bacl: crn i:Yie a�;enda. hlr. Thaqer said he z•rould like tro discuss ass��;nr;Pnt of tr�anst>ortation #'ranchise to �Tolie, �Ji�-ht�an E: Ro��e. City ��ttorne� stated that at the direction oi -L-lZe Cor�raission at ttie last r.meetin�; he hsd prepared an Ordinance approvin�; the assi�;r�ient fros:t the Clearwater Transi't Co., Inc., to :Tohn l�. Rowe and t'�. S. �Ji�htr�an. This assigrixcient, dated llecer,zber lI, 1951, vras read b� the City �'ittorney. Citf kttorneJ saic; th�at there is no restricti�n in the franchise a�;ainst �assi�;nr.ient. IIe said the corporation had been le�ally clissolved, P.ir. Tf�m�,*er stated that he ��.id not kkno�v the terras of the franchise k�ut that the Civic �^ronp he representa felt that it is the tirle to bring up consideration of tre terrae of the iranctiise to see if it is in the public interest. I3e said the franchise ti��i11 hflve �;reater valuation in i'uture years, and that they should 'ne able to �ive service ��hich v�ill boo�t the City. IIe aaid the Federation v�ill vf�rk vritYi the Cor'miission to better the transportation for �11 parts of the Citg. Iwia�or Broti��n said he believed Prir. Thayer did not �vislz to have tYLe natter passed upon until l�is eox:mittee can do sor.ze research on it. f3e said this is t7�e t}iird ti�1e it has been eefore the Co�rsission erith publicit�j. P.Ir. Thayer said tliat the G1�zluer of Cox:nierce 4aas interested in this also, and i;hat it is felt by both �roups that whoever has transportation f�cilities i� {;he City shoulcl have enou�;h capital to be able tc build atp t�usiness in� reas 1✓hich are not used to �aus service, and that people should be inforr.�ed that if they do not sugport the bus system it v+i11 be discontinued. P.:ayor �Srol-rn felt that it should be in i;he hancls of private operators and that the,y sholild be �;iven a s r.iilch consideration aa pos�i�le. Iie said that he r�rould hate to see the comp�ny opera�ed b� the C:ity and deiic_t paid bf ta.�ation. LIr. Thayer 3tated that people in outlyin�; districts �^�here there is a�;reat deal of �opulation need bus service badly. Corlruissioner }3lanton asked tirhen the francYiise expires. Cit;� �,ttorney replied that it r�ould expire in �ahout nine riore years. He said that the Citv has no r.�ore ri�;ht to control or vary the �:ranchise at this point than one �io��ld have in assi�nint; a deed, that tlzere ti�aas no restriction, and that he had been sur�rised to learn that there was no such restriction. He sqicl the Conunission is therefore. not le€;All7 in a position to forbid tlae ass'��;nr.ierlt. Iuiayor t�rown s aid that nevertheless they r�anteci the f;ood vtill of the cor:nlunit;�, and tha-t it should be held over until some of the points could be clarified for service in the future. Qor�niissioner i3lanton said that when a neta frranchise is raade triat the bus cor�pany �ss�ves acl�'i�tional s�e�ions �rora tir:ie to tirne �as �er:�and rec�:ires. I3e said thrat a coripany f=iven a franchise over profitable parts oi' the C3t� should take tre nore undesirable areas, alao, City ��ttorney said that the�T du have certain oblif;ations under the present irqnchise and that if thef do rot live up to ther•i the Git,y can do soxne{;hin�� about it. He said thafi if the present conpany has noi; lived up to the terms of their franchise perhaps the question should be asked 1�Ii�;htman and Rov�e what they expect to do to brine; ther.iselves in complianco Vaith the franchise. hIayor Brown said �r�t the Cit� does �vant to kno��r.ivhat can t�e done to ir.lprove the service a.n accordance trith the present fr�anchise. I�Ir. TY��,qer sai� he l�ad frequent telephone ca11s askin�; ti;hat is �;oin�; to be cione about �he bus cor,�pan�. Cor�rziasioner F3lanton rnoved that this r.:atter be deferred until City Tiana�er can t-et iri touch 1��t3.th the assignees 'o�' tYie i'ranchi3e and �;o over the �.�atter and report b�ack a t an early date in the presence of the assi�;nees. Cor.�iiissioner BlacY seconded the r�otion, 5�hichw ae voted upon ancl iznanir.iouslf carried. Zetter frora Gladys Duncan ciateci Dece��ber 1.1tYi 3i�as read to the Cor.ixlission Uy the City Clark re�;�ardin�; drainag;e ditch v�hich is blockinf; the c3evelop7nent c�f a sect3on of O�k tLcres Subdivis�.ona CiT.y En�;ineer said his only inforr.iai�ion tivas re�;ardin�; the developrient Idorth o£ this - that he had r.ad no opportunity �;cs t�rorl: on it. Cor;inissioner Blanton rioved tk�.at this ri�,tter bo referred to i:i1e G3t� �;r.ginoer and City I+ianac•er for stucly anci report back on it at the next re�;ular r�eetin�;. Cor,�aissioner Blac� secondec3 the rlotian, �•+17ich was voted upon anci iznanir.iotisl� raxr3_sci. T�ir. H.le< b'inch, �,ttorney, brouF;ht ta.� i:he Cor�iittee � s report on 13���tist Church with reference to prapertf line. City Ia;�na�;er s�id lie r��a vi.sited the �rea '��ith other raembers oi' the Gormiission, and that ttie �are�s dl.scus�ecl involve i;Yre e.cchaz7(;e oi' progerty at the #'oot of the 1�.i11 on the "4�lest side oP tho Bapt33t Chlzrch for }�ro�,�erty on the South side �'acine; on ??e� Osceola ior the purpose of e�t�rblisYiin(; a ��znd�ay School. He said that 70 feet f�cing on Cleveland Street at the fooi� of i;he hill b;� 95 feet �t the South propert;� line alrrlost Uack to the aticiitorit�x� ���r�Yild N� excYian�ad _�_ c zm� c or.m� zss Iorr r���T TrrG December 17, 1951 ��� �or the 195 �oot x 56 �'oot plot ly�:ng to the South of the Church itaelf. It was a�;reed by the I3aptist Church that an easement could be left on bhe South side so that the Church could be approached frorn the Club IIouse. The builclin� could ba rnoved 25 i'eet due 17est from its presen� location. The expense of turning of the Horseslioe Club arouncl would be borne by the Church in accordanca v�ith statement made �o the Oity I�i�na�;ar. CormnissionPr lilanton saic that would bring it up to the fixst, terrace so that the property vrould no•t be on � slope. City Lianagar said that it 3s an exchan�,e of the boundary line. Corrn-aissior_er T3lanton said that the front property on Osoeola raust be kept in �ood �nd beautiPul condition and that tYie present setl�ack must be maintained. Cor�nissioner 731ack moved that the City I�tanager and City Attorne;7 be au�YLorized to proceed with the necessary le�;al instruments ior the exchan�;e oi' the City property in accordanco rvith the �ap tivhich is in the Cit t=lanager's pos3ession for approximately 70 feet on Cleveland Street with an ease�ent pr.ovided on the South oi' the 56 feet, and that this be an exchange of t�oundary lines with provisions 1'or the Church to retain and beautify the lexidscape and preserve the setback line� on Qsceola Avenue, and that the cost of the rnoving of the buildin� on the present City property be borne by the i3aptist Church, ancl that proper ofFicers be authprized to execute the deeds necess�ary to consur.�miate thi� transaction. Cor:unissioner Blanton seconded the rnotion, which v�as vr�ted upon and unanimously carried. h4r. Pinch asked if it ���as the a�;reeraent oi the Church to raove the building. Iviayor Brorvn saic� that several rnembers of �he Church and of the Coz�nission were present when they r,ade this stater�ent. City Attorney said that probably back_ in the records there is a ded3,cation of this propertq fbr park purposes, anel that it vrill probably require a Resolution put through the Cormnission vacating it as Par� property. Report from Florida Railroad and Pub13c Utilities Comreission with reference to the Peninsular Telephone Co�pany adjustment of rates tivas brou�;ht before the Coranission. It was decided that it r�as not necessary that the Corunissiona ct on this matter. I�ir. Ben Krentzman su��;ested that a letter should be written to the Railroad Co�vnission tYiankin�; them for their service in this matter. Conm�issioner Turner moved that repor� be accepted and that the fine vrork of the Railroad Cornmission be acknov�ledged. Commissioner �3lanton seconded the motion, �vhich was voted upon rnd unanimouslg carrj_ed. Consideration of Cor.nnission r;ras �iven to contract vrith Gulf Oil Corporation to furnie'� ���s enrichment oil at the Clear�vater Gas �'lant from Janusry l, 1952, through 1�Tay 31, .�952, City Idana�er said tYiat this was r�erely an a�;reernent that the City �vould purcha�e oil irom their compar_�. He said that it is a standard contract such as the Ci�y has hsd vrith them zor several years. Corm;�issioner Blantan moved that the proper officers be authorized to execute the contract. Cormiissioner Blac� secondecl the motion, v�hich rvas voted upon and unaniraousl�r carried. ?�etter from isierchants Association with reserence to the b'arrners� Iuarliet, dated December 7, 1951, t2�at��:ing tlie Corrmiss�on for the favorable r�ction taken in dedicat- in� a tract for the f�arr�ers� hiarket and a perruanent off street parking area adjacent to the P.iarket site rvas read bg the Cit� Clerk. Tt was decided by consent that this letter should be acknowledged. Tabulation of bids for the Protane Gas Truclr r�as presented by the City hianager, �vho stated that he recou�iend�d that the low bid of the L.P,U, Gas Company fnr �6,658.00 be approved. Cor,miissioner I31ack moved that the Cit� 2,Tana�er'sr econnaenda- tion be followed, and that the City purehase one Protane Gas Truck from the L.P.G. Compang, Tarapa, P�lorida, for �,56,658.00. Nir. Ben I�rentzman, Attorney, asked that matter of requ.est from Royal Pal.�i A4ote1 and CoffeE Shop, Inc., for a 5 foot set back instead of the re�;ular 20 feet as zoned on Lot 19 of Padgstt EstAte Subdivision and 2oning �oard's reply to same be deferrea, as he undarstood that if the new zanin� changes are passed his rez�uest will be unnecessary. - I�Ir. A. T. Cooper, Attorney for Capt. VJilliam I�riper of the Sea Fever, stated that their �:�atter should have been on the agenda. City I�ianager explained that i� v�as left off by mistake and that nir. Cooper had asked that he be heard in behalf of Capt. I�Tyer as Capt< Iilyer �vas not present at the Conmiission rieeting at which action was taken to reques� that his boat be dockecl at the new biarina. Co�miissioner IIlanton asked if Capt, hiyer would be ��d llin� to vla3ve any objections he rii�,ht izave because his item was not on the agenda. llir. Cooper replied that he tiwould, and that they had felt thqt perhape action on the matter had been precipitate� because of letter written by other party boats on the Beach protesting against the Sea .�'ever being allowed to remain at the City pier. He said it is a tremendous asset to thz cos��unity to have the Sea Pever at the City dock from the standpoint of interest and tourist attraction, �hat r,�any people ti�aik do�^m to see the boat dock. He stated that he has had word from the hotel owners to the eii'ect that they would like to have him remain there. He sAid that Capt. hiyer is n�c� paying yp60.U0 per zionth - a net of �5480.00 per ye�ax, and thrat perhaps part of this rental could be put to�rard t�e new Teiarina. Alterations wculd Ue requirad at the new hiarina in nrder for the Sea Fever to dock there, he »ointecl out, And th�t Capt. bi�er feels that the iacilities are st311 not bi�; enou�;h for his boat to dock there and handle the cro�vds ��� ich l�ave town in the mornin�;. He h�s been rat �iie City ciock since 1948 - up to Decemher 15, 1950, he paid �N50.00 per r:�.oni;h - since then y?65.00 per month. h7r. Cooper stated that he im�lied no criticisr.i of tkio other hoat o�aerAtors, but that 7-�e understood that Capt. Youn�blood felt that all the boats should be dockecl there which was natural in his casea fie s�id that Oapt. Youragblaod rents his dock for �125.00 per month, and has at his dock over fivo boats at approximately 25 £eet in length, for l�ich he chasges �15.00 per montY,�, which he sub-leases. He hss eight smaller boats, for �vhich he charges approxi- mately ��1U.00 per month - a total of �p155�U0 a 7nonth from the boats. He said that if the City is �,oin�; to forc:e the Sea Pever to dock there th&t Capt, YoungUlood could also be asked to �ove ovor in view of the conditions of his lease. He su�*ested that if ever�bod� is to be treAted �13.1ce that he should Ue aslced to �ove also. He said that the Sea Fever is the l�rgesi: boa� nn the lJest Goast - 83 feet lon�, 63 tons i.n wei�h�, and thr�t the other� are all smaller, ancl {;hat these measure��ents show that -a- CT'.ITS.'' COIlR�iTSSTUN D1i:�TIYdG Deceznbox ].7, 1951 �7� the slips s•re not dasi�;ned for a Uoat as Ion�; as tl�e Sea f�'ever. He said the lon�est �vas 52 feet. He said that the reason �*iven t7,y the Cormn:tsslnn for re#`usal to a11ow him to continue dockin�; at the City pier was bec�ause of r�strict3ons 3n a deod• $e said he lias serarched the publie racords to determine whether or not there v+as any such restriction aga3�nst that proporty, and thAt he has no� yet found such a restriction. He sai,d that the City Clerk had a1,so been unable to fincl any auch restriction. City Attorney read Sec. l, Chapter 5, of the Cloarwater City Code as follows. "5ec. l. Perra:i�t for docking in space in �ront of cit�* auditoriuni. �'No person shall dock a boat used for conffnercial ��urposes or for hire at or on the propertg, dock or docicin�; space owned by 1:he city locatec� 3n front of the city aud3toritun for a longer period than fuur hours, nor shall any person dock a boat privately ovaneci and izsed for private purposes at such aforesq�.d }�l�aces for a lant;er period than ten i�ours; provided, however, such boats raay l�e docked for lon�;er periods of tirae if ra perr�it is first obt�ined from the city ri�n�ager." (Ord. No. 406, 1,2-Z7-36). City �ttornev then read Sec. 2, Chapter 5, of the Cleartivater Gity Code; �'Sec. 2. Boat slips. °The City bianager is hereby authorized and empo�verad to rent the Ucat sligs located at the doc}ts and to fix and deternine �he Ar:ioun�: of rental there�'or. "Pio person shall allo�v any k�oats to occupy nqr shAll he use 3n any ?nanner whatsoever any boat slips located at the doclis �vithout first havin�; paici to the city mana�er the arnount of rental the�efor.° (Ord. No. 4U6, 3,4, 2-17-36) h1r. Cooper said if the Qrdinance is constrtaed to riean that the boat cannot be doolsed for more than a few liours, and if the same construction is applied to this Ordinance £ox private vessels it vaould prohibit sr�ch individuals to doelz also. He asked the Commission to reconsider their aation. I�e s tnted that the Sea b'ever pays more rent than any other rental space, and that a nec,� permit should be �ranted under the same terms as the one they had bezore. Cor.unissioner Black asi�ed vrhere or what the restrictio� is to which the City kttorney ref.erred when -Ghe �;ction �vas taken ;several weeks ago, t�hich prohibits the City from leasing the proparty i'or commercial usee City Attornev replied that he could �ive only the same explanation rat this time as he gave then. He said that when the question e�as iirst taken up for consideration he heard fror� several sources that there �vas a restr3ction in the transaction by tivhicti the Cit;* acqu ir-ed this property, and that that is the reason zvhy the 9rdinance �zas wr•itten, and that he �iad founcl soiuethi�g of this sort in tl�e City Ha11 in refer- ence to the A'tac Newr�an case. He said that this note w�as raisplaced at the time of the I�iac r7ewman trial. He said that he has exanined deeds and finds nothing of this sort in them. He said that tlie l3aptist Church of C]_earv�ater conveyed this property to the City, and that he ha s a9ked I�Ir. Kabrich, Ri�;rt-of-4day A�;ant for the Cit�r about it, as he tvas on the Board or Trustees af the Church, and that all he could remember v�as that there vras sorae discussion at that times but that he does not know whether it tivas evex put into tvritten forrn. IvIr. Gus ti�lilder, �vhom he stated that he had also contacted, said that there ti�as discussion on the subject, but that he does not recall -that it was ever put in an instrument. He said he found sorne tangle regarding a restriction on the 1,Iac Nee•�nan case, and that it �:ertainly is not in therecord of the title of �_his propert�. Commissioner Black said that he had thou�;ht they were restricted in uein� the Pier for cor�iercisl purposes, and tYiat that is v�hat he based his iud�r.ient on, and that i�' there is no ti:xitten restrictic�n that he would like to reconsider the r,�atter. City tittorney said that if the Citf vrant9 to enter into a similar contract with Capt. PIyer then it should repeal or xlodify this section o£ the Ordinance, a s it shoFrs an intent on the pa rt of the City Corunission vrh3ch pa ssed the Oxdinrznce to designate the deck as a landin� ancl service dock only - not to dock covmercial boats. He said ho believed it r•+as to have been desi�;nated as a permanen'� docking facilitv, and that he felt that the record should be cleared re�ardin� the Ordinance, and then �;o ahead and do what they want to. Ivir. Cooper said that he did not agree vrith the Attorney - that he felt it did not atop the Cit� from leasing space for coranercial purpoaes at the dock, and that the old one didn't eithsr. He said ihat he felt that the text of the Urdinances are almost exactly the aame. Cozrmiissioner Blanton said tYiat in view of the conlusion in the Ordinance thai; if a. neva one is �oing to be dravrn that the ��atter shoulci be deferred until a ne�x Ordinance is approved by the Cor.�ission whic absolutely clarifies the situation and makes absolutely clear what can and cann t be done there. Cor.miissioner Lynn eaid that the Corrnnission is sittiilg as a body to enforce the laws in the Gharter and that ii' the Co�ission cannot prove what is true or not true then it is difFicult to tell vrhrzt to do. He ielt that a Cor.�ittee should be appointed to r:ieet with the Cit�r Attorne� so that the Cor.nnission vrill know whether or not tliey axe abidin� by the law. He sai@ he had nothin�; against any individual, but that he felt that the Corrmxis;ion should not disobeq any laws in the Code. n1r. Cooper repeated th�at he felt the Qi�cy is not vioiating the Code. He said he felt it was a license to rent the dock. Cor,pnissioner Lynn as�ced if it vrere possible to �ive the Ordiriance the interpretation which b2r. Cooper gave to it. City bttorne� said that he thought it would be strainin�; to do it. He said if °L�ords and Phrases�t are consulted it tivould be found that a Permit as distin€;uished irom a lease or deed is ter.ip�rary permission of sorne lcind - somei;hing not of long duration. He said a buildii�g permit, for example, is to do �or�ethin� now, ranci expires c�ithin ninety day's� He said that if the Cor;a�ission_ had intendad to control leases by this Ordinance it tivould h�ve said so, but that instead, they gaid a special perXnit r�as necessary to axtend the tinlo. He said that the wording appeared clear. to him thE+t the doc� tiv�s to be used as a landin�; facilit� i'or f.ishing k�oats and that it vras ini�ended by this Ordinance to limit the time that visitors in co��mercial and private boats could keep their boats there And keep thern irom stafin� there indePinitely. Cozmnissioner Zynn a sked hovr s�on the Cit� Attorney coti�ld find out exaatlg what the Ordinanae means. Cormiissioner Blanton saicl that this Orcllnanee should be repealed and a new one made, ile � aid that there are other slips there which would accoza�odate smaller boats and that facts should be broadened sa �hat they wauld know what they are doin� in handlin�; smaller boats. Mr. Cooper corrunented that any �overning body seeks to �;et the intent at the ti.rie an Urdinance was pa�sed. He said tk�n1; this quot�tion v��s taken i'rom Ordinance No. 4U6 �as oii�;inally passed. -g- C ITY COI�.II�rIISS rOT1 I�ILETiTdG Decernber 1'7, 1951 He then read the -�it1e of �his Orclinance a a i'ollows: 3 7,5� '�AP7 ORDIT7ANCE R�GTTLA'�I1dG At(D RESTHTC^ITTG TH£ USE OF THE PROPERTX, DOCIS, DOCYING uPACL ATdI7 �iOAT SLIPS O�J�IED BY.' THE GIZ')' OF CT�FI�RF'VATER A1JD LOCA�ED IPi FRODTT OF TI� CITX AiTllITORIUPd �rTD PRO�llTPJG PEPdALTI�S F�R THE VI�T,A�'IOPT OP THIS URDIPJANC�.�' 141ayor Brown said he fel� that the t,tAna�;er should irmiediatel'�J clean up the damage that tivrxs clone by the usa�;e of all boats, ancl beautify the area. Gi�y 2�1ana�es atated that he ha� been directed b� the City Cot7rnission to do that the ni�ht the I�iayor vras not here, bu-t hed waited to learn the intentions of the Cozuaission re�;ardin�; the dock. Mayor 1:3rown cor�ented that the usa�e oP` the dock at +,he present time is limited bec�use people have no inforrnation a s to what the Cor�:tission intends to do there. Iie said r�n early meetin� s7iould be held to estat�lish just hov+ 'to use that facilityo Iie said the T�Iarina faciTity is taken up to capacity. He said as long as v�or� must be done on the necv T�1�rina a per�.*iit should be g3ven ta Capt. Y�iyer to s taq there until it i3 contpleted. Cor�nissioner Blanton r.moved that the riatter be dei'erred until the Coruniasi�n can meet at an early date and estaplish a policy, and tvhen the Citg arrives at what �che polic� ie �oin� to be, have trie Cit� Attorne� prepare a new �rdinance repealin� this one qnd covering the polici,� which vrill be set up at that time b� the Corrunission.. Corrmiissioner Lynn seconde3 the motion, ��hich was voted upon and unanir,ious- ly carried. 1tiIrs. De��itt said she has been 'connected ��it]i r�any Civic organizationa to help and to beautiff Clearv�atere She said that Capt. Pri�er helped move out 70 patients �rora i3ay Pines Hospital and furnished free coffee ancl ooYe �•chile doing so; that he also took some Gixl Scouts on the baat free of char�e, and that FrIrs. L1yer is verJ active in nromoting Cleqrtvater. She also spoke of his �ine rescue job in the Ba� which she said he performed vtith no thou�ht except the saving oz' lives. She said on a large p�leasure craft recentlf she �1as unaUle to �;et in to an� Citg vock arid had to return to St. Petersburg to spend the ni�,ht, so that she �'el.t that C1ear�ater�s dockinp�, facilities v�ere far �'ro� �dequate .for si:�all boats. Corimissioner Black Yaoved that Capt. I�Iyer be auth�rized to continue to operate from the City Pier until a decision is reached by the City Cor�niss3on in rega�cl to what action it wi11 take and what its nolioy sha11 be in connection �;rith the operation of the C'itf hSunicipal Pier in iront of the I'�lunicipal Auditoritun under the sarae terms a s he has been aperating in the past, at the pleasure of the Gor.miission as to length of his sta� there. Cor.nnissioner Turner seconded the riotion, which �vas voted on and unanir�ously carried. City Clerk read letter dated December 17, 1951, canvassinp; the voting rachines in connection v+ith election to be held the follawinp; da�, Tuesdaf, Deceraber 18, 1951. Co�rnissioner Black moved acceptance of City ClerkTs repnrt, i�hich tivas seconded by Cor.�nissioner Blanton, voted on, and unanimously carried. 14leetin� �ras ad journed by i�da�or Brorrn at 12:21 AItiI. Attest: � Cit,� Aiidit and Clerl� ��;�;.'f j --�-''�6-�'� , � �-�, , � �.....�� D�Ayor-Co�iis5"� o er . . CTTi' COTI��iTSSTOI� hI�ETING Decentber I7, �951 December 14, 1951 P�ayor-Co�issioner fIerbert 14I. Brown Camriissioners: Fierbert Blanton Grarland Lynn Thoria s Ii. B1a cl� Joo '�zrner �. Crentlemen: The City Commission w311 meet in regular session hlonday evening - Aecember 17, 1951 -�at 7:30 P.Di. in the City Ha11 Auditorium to consicier itens on the attached agenda. Xours very truly, fs� F. G. fiiiddleton City t�iana�;er FCfit: g� .� 7 � A�enda - Regular IrIaeting of City Cor�ission Dec. 17, 1951 - 7:30 P.ni. - City Ha11 l. Approvin€; minutes of ineeting of Dec. 5th. 2. Public I-Iearings: A. Sanitary Sev+er - Bzarbour ldorro�v Subdivision. B. Turner Street v�idening from Bay kvenue to I�Iyrtle l�ve. 3. Openin� oi bids for: A. Police Cruzser. B. 5anitary selvers in F3arbour I�Torrow Sub. C. Pa•aing Riyrtle Avenue fron Cleveland to Drew Streets. 4. Tabulation of bids for Protane Gas Truck. 5, P_ssi�nrient of transportation franchise from Clearw�ter Transit Compang �to t7i�htrsan E: Rowe . 6. Comz�ittee�s report on request fram Baptist Chtirch, witn reFerence to property lines. 7. Report from Florida Railroad and Public Z)�tilities Cor.unissi�n with reference to Peninsular Tele�lione Co. adjustrient of rates. 8. Corr�ission's consideration oi'�;asoline and oil companies to leaae a filling station site at rTarina project (present Sinclair Station). 9. Co�mission�s consideration of contract vrith G�zlf Oil Corp. to Furnish �as enrichrient oil at the Clearwater Gas Ylant from January l, 1952 through Piag 31, 1952. 10. Coirnli�sion's consideration fron �;asol:ine and oil companies to i'urnish equip- ment anc� .flzel to service boats a� Clearvvater TTarina. 11. Cormission's consideration oi letters irom: A. Pinellas County Health Depart�ent B. l�avid B. Lee - Director of Florida State Board of Health. C. bierchants Assoaiation with reference to Farmers' I�Sarl�et. D. Gladys U�xnean - vrith reference to draina�;e at Phoenix and llruid Road. E. Pinellas Coiinty Title Gor.ipany v+ith reference to taxes on lot at corner of Osceola and Haven Street - for�rnerl� used for a parkin� lot. 12. Utility Iriprovements ior Comrnission's consideration: Belovr °yp300.00 Extension: (a) 224} oi 2�t gas main extension on Coronad� Drive �stimated Cos�t - �,"y180,00. (b) 400� of 2" �;as main extension on Hil.lcrest Ave. Estimated Cost - ?�190.U0. (c) 120� of 2�' water �iain extension on Ftich�:rds St. Estirnated Cost - �82.00. (d) 300� of 2�� vaater main er.tension on Calurnet St. Est:i.rlated Cos� - yj250.00. 377 CITv CObIhITSSTOI�( MEET:LIdG December 17, 1951 (e) 84' oi' 2'� water main extension o#' Jasn�ine itoad. Estima ted Cost - ��65 .00 Above �300.Q0 Extensions: (a) 730� of 2" �;as main extension on Ridge��ood St. Estimated Cost - $p440.00. (b) 550� of 2° �aater main extension on Uilbert St. Est;Lmated Cost - �p4U0.00. (c} ��0� of 2° gas mai:n extension on Pierce St. Est3m�atecl Gos� - �33U.00 (d) 120� o£ 6" i��ater main extension on Balter Blvd. Estir.iated Cost - �p330.00 13. Resolution requestin� property �wners �o mow their lots of tiveeds and grass. 14. Cor.�raission�s consideration of request fror.i Royal Palm Llotel and Co�fee Shop, Inc. for a 5 ft. set back instead o� the regular 20 ft. as zoned on Lot 19 of. Padgett Estate Su:b, ancl Zoning Board�s reply to same. 15. An� itema not on the agenda will be considered by consent of the Coramission. Adjou�nment. Cerrmiission acting as Trustees of the Pension F�ind on applica�ion por membership in Pension Plan. liecern5er 11, 1951 Hon. Board of City Cor�missione rs Clearvrater, Fla . tiear Sirs: Plans are being �ade for the developrlen�t of another section ai Oak Acres Subdivision. A drainage dita}�. is in the �vay of th; s detYelopment. RFr.t only is this ditch in the way of developmen+, but i-t is destroyin� property. It was ori�inallg a sr,iall �1an-made ditch to serve a te�nporarv situation. T�ith the development of propert,y to the north, the turning of a considerable amount oz additional vrater to this flitch h�s caused erosion to suc2i an extent that in one place there is a�ully approximat;ely 4U fee� yvide and as rnzch as 20 ieet deep, lhe extra volur.�e of �vater entering this ditch cornes frorn tv�o pointe: (1) Corner oi' Gu1f to }3ay Blvd. �nd Ihzncan k•�e. (2} Corner of Phoenix and Lruid Rd. f3oth of these points have A slope tolvard a natural stream. The development of Uak Acres has been an asset to Clear�vater and f�rther development tivill incraase that asset. 1^hat this r-,atter be placea on the agenda of your next Board raeetin�;, December 14, 1951, in order to reriove this obstacle at tho eaxliest possii�le date, is respect�'ully requasted. Yours ver� trtxly, /sf Gladys Ihzncan For Utivners of Oak Acres Decamber 17, 1951 P,Tr. b'rancis I,Iiddleton, Git� i�Iana�;er Ci�y of Clearwater Clearv+ater, Florida Uear hir. 1liiddleton: 4Ve �reratly appreci.nte bein�; favored with �an invitation to bid on the service st�ation propert,y now bein� oocupied by the Sincl�ir Uil Goripan� station, �aut have not been able to worl� out a satisfactory arrangemen� through our people to suhrr�i� bid prior to the deaclline as to the date. Re�+;rettin�; exceadin�;ly tl�at v+e are tznable to bid, we ranain Yours very truly, GTTLb' UIL GURPURATION �s� L. B. 1Jill�es L'I34V.mt D5 strict niana�er � �� � m � CITY COItIT,iISS20N P�t�ETIIJG T3ecomber 17, 1�J51 City of C1eArwater Clearwater, Florida Gentlamen: ]:,al:e.l.and, I.�la . Deceniber 6� 1951 �' 7 g On behalf of �y Company, I ara plea sed to aubmit a k�a.d on the City � s uervice Station propertg now operated U� P;ir. L�n�;fnrd at ClearwAtor 13eacYi, As #'nllov�s: 1Ve tivill pay a flat rental of ��15U.qU per month on a lU-�ear ler�ae, �he Coripany reser��ing tiie ri�;ht to nake an'y improvexaents thev r�ay see fit to do, the Cit;r bain� responsible for all tahes. We v�ould in3t�al1 nor•� 6Cjt11pM8I1't� rc�placin�; a�1 irnits now in use. Trustin� ��e r,�ay have the ple�sure of doin�; t�usinesa wi.th tho City of Clearwater in con;lection v�ith �his property, I rer�in GII{�e c To the Ijonorable n=ayor, Gi�Gy T�iana�;er, E; Board oi Cor.miissioners �1e�arr�ater, i�'larida Gentlenen: Yours very truly, /s/ G. 7. Iieener District I�lana�;er December 7, 1951 On behalf oi' our President, P�ir. E. C. Y�farquardt, and of our b'armers IvIarket Cor:unittee, FJn. F, Rahbaum, Ohair�an, Vra thank you ior the fa�rorable aation taken at your meetin� on '.JednesQay evenin�, Decernber 5, in dadicatin� a`tract ior a permanent si-te �or oar Farmers niar�:et. Alsa, ior the provision you made for a permanent o=f-�treat parking area adjacent to the l.larkeb site and to the new Court utreet extension. As much ns anythin� else, the friendly and co-operative attitude of your hanorable body on both of these projects is especirally apprec?a1:ed, The 4ffieers and Directors of this Association will aount it a privile�e to have the opp�rtunity bo confer �vith the Coi:miission on questions affecting the business interests of the cit5, and especially in this time of rapid developr,lent, on the matter of �rovidin�; still riore adenuate off-street parkin�; �'acilities. vours ver� truly, /s/ A. V. Hancock Secretary Uecember 17, 1951. The Honorable Board of City Gos.aniasionera Glearv�ater., Florida �ent�.ezzen: In compli�nce c�ith Section 24, Chapter 7, City Code, I hsve this date inspeeted the votint; r�chines at the 2torth Garden Avenue Pire Station and �he Cleartivater Beach Fire Station and I have fouz�d a11 dials properlg set, the r.�achines locked and sealed and pxoperly prepar.ed �'or the election �'uesday, tiece:aber 18, 1951. The vot3ng machine nusnbers, the number re�istered on the protective counts and the seal numbers are lis�ed belov�: Lia chi:ne ;� Garden Ave. 65521 64996 65533 65483 Cl. I3each 65492 65531 x�'s�'�: �B Protective Gounter OG4U12 U03055 UU294£3 C1U3376 003316 OU4190 Ueal No. 362U3 36205 362U6 3GZU4 352U1 362U2 Respectz"'u11y ;�rnzra, �s� Iq. G. i��dingo City A��dibor and Clerk 37� CI',�Y COIii�ITSSIOPl h3F�'Ea2PJCT vecerzber 17, 1951 P�TIT IO2d tiecember 10, �.951 T0; The Clearwater Cittif Cor�ni5sion 4learwater, Plarida T.lae question of rvidenin� `lurner Street frora r'ort Harrison Avenue to E3ay Avenue has been talten under ttdvisemer:c and discussed pro and con v�it2i all of the pxoperty owners A�'fec�ed U5r this action and the proposition has been broken down to the follov�in� b�s3c facts: (1) �'h�s �vhole section of Turner Street in its entirety constitutes only three and o�e-ri�alf blacks, starting at b'ort Iiarrison l�venue and terminating at a dead end at tha �3ay, only two '�locY.s of vrhich a re proposed to be tvidened. Therefore, be it understood that we cons3.der thie no thorou�;hfare. (2) It is the concensus of' opinion o� the afiected parties that since Turner Street is crossed by two recentiv created fihrou�h streets -- Oak and Bay - that the only plausible reason fai �L-Y�.e proposec� widening could be to fun»el traif3c from these through streets into Fort Harrison Avenue a t a poirt 1�here more school chilclren cross than at any other point �n the city. (3} Since the prarties concerned Y�a ve for some �rears past oceupied and at the present time occupy adjoinin�, properties to be affectecl, and constantl� observe and aot and react to an� parkin� problems and consider their opinzon to be the most expert in the matter, deam it of no conaequence in consiaering the widening, it create3 na hazard; vaith the possible exception of Sund�� rnorniri�s no inconveni- ence is experienced and that of only shcrt du ration �f one ar d one-half hours at raost. (4) Every sin�;le piace of property with the e:�ce�tion of che t�o ehurches involved is prrned by r etired people, v�ho are tryin�; to battle the tide of ever- increasin�; cost of living on fixed incornes and rental properties which are 1ir2ited by dated architecture and appliances. The active earnin� pav�er of thEse people is past; they have reached and passed the point o� the proverbial straw that broke their ecr�nomic back and are barelv hangin�; on afte� recent �ax boosts, utila�ty aasessr�ents, and the rapid rise of living costs in general. (5) An assessr.�ent, no matter how trieial it �ikht see� to the p�rtiea proposinfi this rnove, �vould ir. most cases be to�all� un�earable to the alread� stra3ned conatitutions and pu�se of most o£ these property a5rner� afiected, (6) The natural beauty of the streets would b e iripaired and depreciated no end. (7) Placing of traff ic even five feet closer to the hornes vrould creaLe a dust and noise condition which vvould be d��ri�ental to health and inco�e through depreciated inducement to renters ancl prospecGive rentera of tr e propsrties, TFi�R�;FORi;, it is the unbiased opinion of those rsoat affected that the widening of this p�rticular part of Turner Streat from Fort Harrison Avenue to Bay Avenue is� not neces�ary, does not coi�stitute an emergency and would r-�ork a seri�us hard- ship on the owners of adjacent properties; rtoul.d increase the hazards oi' an already hazardous crossin�; used by school children; r•�cnzld not be considered an ir��provement by those afPeeted; r•�ould be considered an unnecessary, unraanted and unjust im- position and a violation of. the wishes and Y�est judgrnent of the owners of these properties. Signed b� twent,y persons. Uecember 17, 1951 City Cor.�uyis �ioners C:i,t r of Clear+�ater, Plorida Gentler,ien: Bein�; �;�ie owner of the property located at tlie north wes� corner of South Ft. Harrison end T�irnar Street, I am very r,nzeh in favor of tiie �ro�ram to ti�iden Turner Street Ancl t✓auld have no ol jection� t.�hatsnever, to pav r.,y pro-rata shrase on a fron� foat basis for this wark. _Tt is my opinion tl�at this rvorlt should be started et trie earliest possible date. This corzier Yias been a hazard and a battle neclf i'or east and �rvest traffic mair,y years, �s parkin� ie available only on one side of the street and it can handle only one lane of. tra�£ic. Tt is my hope that you vai11 �;ive this your thorough considera tion for the city as A vJh�?e. �31i�iE/mr Ver,q sincerely yours, fsf I3en Y�i. Ev�ns cz� con��zsuzoir niL�TZNc� Decer.it�er 17a 195�. City Co�xission City I3a11 Clear�vater, k'l�rida Gentlemen: yecemt�er 17, 1951 I h�ve received "Notice Of Public T3earin��r on the widening and pavin� of Turner , Street froi:� the East line of Bay Avenue to the i'Vest line of n(5mtle Avenue and, bein� interested in Lots #9 and ��1Q, I31oc1� 2 of 1^irallace Subdivisi�n, sAiae bein� mentioned in the lands benefited from these improvements, I be�; to entor ny protest a�;ainst the cos� of such eridenin� ar,d paving Uein€; �asessed �a�;ains� this property. P�T;� reasons for protest Ar� first, that this being re�idential property no beriefit to the property vrill be derived froxa _said ahange; second, thr�t by tria vary limita- tion of endin�; the rvidening and pavin€; at hIyrtle tivenue shovus conclusively �hat it is done to handle traffic from the main urteriea oz So. k�t. ll�arrisori and nTyrtle Avenues and, as sucli should be deer�zed in the co�unon �;ood oz a11 of the Gity of Clear�vater and should not be assessed only to those lots f-ronting on this stroet. Turner Street rrould be of suf#'icient tividth to handle all trttffic �-rere it not for the fact that eniployees of &n auto sales agency, not locA�ed on 7'urtier Straet, use Turner Streei f or their parking from 7:30 in the mornin�; until 4:3U or 5 o�clock in the evening. I tivill be tinable to attend your raeeting toni{�ht and choose this means of enLering �y protest a�ainst the action of the Gity in rnal�ing such improvenients, the c�st of v�hich ��ill have to be paid bg the nropertg o�vners rvho are not benefited. _T,A�mh r Very truly yours, �s� L. Cr, Abbetfi •• 0