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04/14/1952 '.\;' .,:}-;.;~~(~.'Vt~;.:_ I ;..<\ " ',. . ' r.. .j""."";": .....~ i 'l ,~ l . ,~t '\ . ,. . r ~.; '..' '..~ ~::.:: . "",;',', ,; ,," ,.;. .,.;," ".." ,;,;, ',:O;""-":,,(.\;, "',, l '-/- q:;, \:-;>i.:'::.:Ji.'j' ii" r:!;;/'Y":~J;!J~' . CITY CO~4IS3ION MEETING April 14, 1952 Ii. )',>':;",;' I~:~",,'<;i"";':;' ! ~."". ;:~?,<(' " ! '.,1.< , , . I '" The City Commission of the Ci.ty of Clear'\'later met. :in special session at City Hall, Monday ~ April 14, 1952, at 7: 30 P .r.1. with the followine members present: : <" r. Herbert M. Brown Wm. E. Crown, Jr. Herbert M. Blanton Jack Russell Mayor-Commissioner Commission€r Commissioner Commissioner "',..~ ,-' \ i 'I,'. ;j < \1 " ~'. Absent: Garland D. Lynn Commissioner Also present were: " F. C. Middleton G. T. McClalllma Chas. M. Phillips, Jr. S. Lickton City Manager Chief of Police City Attorney City Engineer .... .:) '.;~ :"- '. The meeting was called to order by the l>'layor who made an oral report of his visit to Chicago, Illinois, in company with Mr. Clair Davis, County Attorney; Mr. R. Hosey Wick, Chairman, County Commission; Mr. S. K. Keller, Superintendent of the County Water System; and Mr. Harold Briley of Briley-Wild and Company, Consulting Engineers; to confer with Chapman and Cutler, bond attorneys, on the proposed addi- tion to the County Water System. He stated that the water project would be divided into two systems, one would be the present County system or distribution system and the other would be the new or source system. As to the creating of a County Water Authority, he reported it was impossible for the County Commission to delegate its authority under existing laws, but there could be created instead an Advisory Board which would act in an advisory capacity relative to setting the rates or any 6hanges in the water rates. He said that in the event a referendum was held on the matter, it would not have to be ratified by 51% of all qualified electors but would be determined by the majority of those participating in the referendum election. Commissioner Blanton su !;gested that a clause be inserted in the contract which would relieve the City of its oblisation to use the County facilities as a sole source of supply in the event a good and abundant supply of water could not be maintained. The Mayor stated that the contract had been prepared in draft form, copies of which would be made for each Commissioner in preparation for a meeting to discuss the proposed contract with the County authorities. After completion of the contract, the Mayor sug~ested that it be submitted to the various civic organizations for their recorrunendation as to whether or not a referendum should be held on the matter. ,....:.:.,...:. " ;). I .' " .' ........... I, I "". . ''I' . " ;. \ ,- '.'10 ~4 '.{. t~ ;t In regard to the purchase of a l~ ton truck chassis and cab for the Fire Department, the City Manager recommended acceptin8 the low bid of Larry Dimmitt, Incorporated, for $1,794.00, immediate delivery. Commissioner Crown moved that the City Nanager's recommendation be approved. Motion was seconded by Commissioner Russell and carried unanimoUSly. ,. The City Manager reported that four bids had been received for the resU~aCing of Charles Street, Granada Street, Iva Street, Sedeeva Circle, Plaza Dolore~~~tus Path, Marianne Street and 250 feet of East Shore Drive which would include appro~ mately 22,000 square feet. The bids were read as follows: N , ~~ '#j 'f.~ .1< ..' !{ ., .J E. H. Holcomb, Jr., Clearwater W. H. Armston Co., Dunedin Burton-Walker Constr. Co., Plant City Campbell Paving Co., Clearwater $10,560.00 8,580.00 12,540.00 9,900.00 . Commissioner Blanton moved that the reco~nendation of the City En~ineer and the City M&nager be followed and the contract for the resurfacing of these streets as tabulated be awarded to the W. H. Armston Company of Dunedin for $8,580.00. Motion was seconded by Commissioner Russell and carried unanimously. A letter addressed to the City Manager by the Secretary of the Zoning Board referred to the City G0mmission the request of George Butcher, H. C. Brasfield and E. R. Turner that Lots I to 5, inclusive, Block 2, Overbrook Subdivision, and Lots 1 and 2, R. H. Padgetts Subdivision, be changed from R-2 Zoning to Business Zoning with the request that the City Commission study the matter and return to the Zoning Board be~ore the next Zoning Referendum Election. By consent, the City Manager was instructed to communicate with the Zoning Board and ask for their recommendation as to whether this item should be placed on the ballot for the Zoning Referendum Election. The Clerk read a communication addressed to the City Manager by the Secretary of the Zoning Board j,n which it was stated that the Zoning Board recommended that the application of Daniels Signs, Incorporated, for permission to erect a sign on the southwest corner of the intersection of U.S. Route 19 and Gulf-to-Bay Boulevard be denied. The Clerk also read a letter froln the Chamber of Commerce which recommended .that the permit be granted since the sign would be a directional sign in addition to .theadvertising. The Mayor suggested that the entire Commission as a Committee study the proposed location for this particular sign and bring in a general report on the Sign Ordinance as a whole. L.... ... ~"..'''''''''''' . . ..'/ ': ..Il. '::!.~:::~'~~~~i~~LL;~". ;:.'. :'.,. ",,:;:,/s;;.*~':~l ' >~,;;... ':':?} " ,',. ,~<;. . \ /:~ ... PI .";:~ ~"i , ,. ,';., . ..,:;,.'.:.ml....... ..- r.. l >;: <::'~';':,<: ,.:: ! tf q f \.-, , ., '. ll),i:<:'ii':\'::;:':";\ .~ .. ~'. ..... // :. ;~.:: ': ,,:~";~~; . <.': < "~"',. ." '.' ," '. . .. fl"""'" . " .: .'.,';,.' i.'....'.. .'..' "...:.\.. t...,.:, ,....;;. ", 1 ~'~~ t:'< ~ " . . ~... '.' ' r ~ .......~...',...~,.:~.: ~...'.'_n....~'. ... -2- CITY COW~ISSION MEETING April 14, 1952 ':, The Mayor called attention to the ~act that the parking lot at the southeast corner of Franklin Street and South Garden Avenue had been sold and recommended that the City Manager contact the new owner relative to the possibility of leasing the lot and continuing its operation as a parking facility. , ~. ."L ~\ .~, ,~ The Clerk read a letter addressed to the City Manager by the Secretary of the 20ning Board in which the Zoning Board recommended that the application of Joseph Roberts to erect a commercial sign at the corner of Yelvington Avenue and East Druid Road be denied. Commissioner Crown moved that since the City Attorney had informed the Commission that the erection of a si~n at this location would be a clear viola- tion of the Sign Ordinance, that such application be denied and that the City Attorney be instructed to write Mr. Roberts a letter so informing him, and that the recommenda- tion of the Zoning Board be approved. Motion was seconded by Commissioner Russell and carried unanimously. j '1 '" " The Clerk read a petition signed by twelve owners of property adjacent to Coachman Park requesting that the pdrking lot on North Osceola Avenue be discontinued. The City tvlanager recollimended that the lot be resurfaced and extended south to the Gulf Oil Company property, thus creating a parking area approximately 200 feet by 400 feet; also sug~ested putting parking meters in the lot, constructing curbs around the edge so it could be cleaned by the sweeper, and putting two sidewalks running east and west about the center of the lot to give people access to the park without having to walk across the parking lot. Mr. Blanton called attention to the fact that $10,000.00 had been appropriated in the budget last year for use in beautifying the park and stated that the City continued the use o~ this space as a parking area only in compliance with the request of the Clearwater Merchants Association to delay action until the end of the tourist season, and it was his opinion that it should now be dis- continued and only enough parking space allocated to take care of the cars of those people visiting the park. The Mayor reviewed the original plans for the building of an amphitheatre on the side of the hill and suggested creating a park in the area between the hill and the bay and continuing to use the present location for parking. Mr. Stevens o~ the Crest Lake Association, ~tr. George Butcher and Mr. Warren Eigermann from the Federation of Civic Clubs addressed the Commission on the subject of the parking lot. Commissioner Crown moved that the City Manager be instructed to study detailed plans and estimated cost of beautification and conditionin~ of the parking lot on North Osceola. r:'otion ViaS seconded by Commissioner Russell and carried unanimously. . .~ :...~. , Je ., .~ ~ .\ " . .. .":, The City Manager reported that the moving of the Farmers Market had been practi- cally completed and that the adjacent parking lot at Chestnut and Prospect would re- quire approximately 800 yards of additional fill. He stated that if the lot was to be used extensively sorne kind of hard surface should be provided as the ground was very soft in that area. ~r. Blanton suggested possibly a marl surface would be satisfactory for the present until there was time to observe how much use was made o~ the parking lot. I~. Blanton moved that the City go ahead and put in fill and surface the lot with marl at the present time. Motion was seconded by Commissioner Crown and carried unanimously. Mr. Blanton offered to donate a number of palm trees if tLa City would move them and plant them in the Farmers Ivlarket area. The City Manager remarked that the Parks Department did not have the proper heavy equipment to move the trees but that he thou~ht the Public Works Superintendent would be able to handle the removal by means of a winch. Commissioner Blanton commented that he would like to see the City Commission accomplish three projects during the coming year -- the development of the water- front property, the moving of the railroad stations to City-owned property on Druid Road and the buildin~ of a new ball park. The City Manager said that the En~ineering Department was now ready to advertise fo~ bids for construction of the Municipal Pier on the City's property on Clearwater Beach at an estimated cost o~ $42,000.00. The question arose as to what height the pier would be above the water and the Engineer was instructed to ascertain whether the pier could be constructed hi~h enough to prevent damage by high water without additional cost. Commissioner Blanton moved that the City Manager proceed to adver- tise for bids for construction of the pier in accordance with the Engineer's plan. Motion was seconded by Commissioner Crown and carried unanimously. The Clerk read a letter from Mr. Gharles E. Ware, advising the City not to appeal the judgment awarded to Mrs. Clara Lambert Rombach as damages in her suit against the City of Clearwater and recommended the payment of the judgment, court costs and attorney's fees. Commissioner Blanton moved that the judgment of $1,750.00 the attorney's fee of $758.75, court costs of $34.35 be paid and that this was to be the total obligation for attorney's fees. Motion was seconded by Commissioner Crown and carried unanimously. The Mayor announced that the General Extension Division of the University of Florida would present its annual short course for City Managers in Ocala, Florida on April 18th and 19th. Commissioner Crown moved that the City Manager be authorized to atten~ this University of Florida short course. Motion was seconded by Commissioner Blanton and carried unanimously. '..'1 " j ". ,~:, I:' :">., ., ~ h: .\ ,_._._~"fl......._.... ___ . ::Jo.. ~ ." ._~.~ "" ", , i' I 1 I r t f t I~: ." ,: " i,' - !~' " ':.:.: ..' , ., . I', .' ., .... I . '~~ . .:', . ;: ., '''. - . . t-, ~ ~, I~ " , " ': f~ . ..:\. :':::')>', ..... ....... ..,.... ,.","1>, . ~ r:~ .. "fl"'U' ", . I . ;':' .~)-:;.... ~/ I ",' ""~~'" ':," ,"~'.:' ~ -- '. ;'-''':'.' .: ..~":::'::'r. \"~,.~,,., 1,;'':;\:. ' >"'l. :,...,;:,~..l;r:''\ ;..'ti~~~'~\f~~.':""~:~;',;~W'\~':r.:.~',:"~~<":"~:: ..;..'....~?. 1'i't':":=:uj""'",C;;~';""i;ki;j;;,,::J"i,,:;;,,;,~~~i;.J"3C~C;i,:.::, :::::,:.:,;;,,::,:""";s{;'i2J:'~~~,:i.)~' ' , . , "......... " . ~~~ . '~"'1t~~f.:t.R~~n~~/; ',~~ ~:.'?'. ,.': ~:.~: :.: ....~.: 'l~l:r.,"t;r ~.'.( . '<i.if' . "~.lo );):t -3- CITY CO~iISSION MEETING April 14, 1952 Commissioner Russell, after commenting that the Dog Ordinance in its present' form is too long and-would be too expensive for the City to administer. moved that the Dog Ordinance be returned to the City Attorney and the Commission ror further study. Motion was seconded by Commissioner Blanton and carried unanimously. The City Manager reported that the City Treasurer had purchased $65,000.00 in General Obligation City Bonds at 91k as authorized by the City Commission. There being no further business to corne before the Board, the meeting was adjourned at 10:10 P.M. ~~ ATTEST: . v' -, '.,' ,..; !~\ , . ,,' ::>J,.." \ '., ;' ';'...,t.,t;.... :(. ,~ \, i " ., : 1 . 2 . 3 . ',) 4. ~~. ~ ,r~ " 'j " ~'i ., .- ; 5 . 6 . .1 ;1 ~ ...,c.....;.:., .. 1'...... ',... .......... ... -.' . . '. . . .,:..... "0'1 ":'.".',;',' " . ",'; L-j-q & CITY Cm~ISSION MEETING April 14, 1952 April 12, 1952 Mayor-Commissioner Herbert M. Brown Commissioners: Herbert Blanton, Sr., Garland D. Lynn Jack Russell, W. E. Crown, Jr. Gentlemen: A special rneetin~ of the City Commission will be held in the City Hall Auditorium at 7:)0 p.m. Monday, April 14, 1952, for the purpose of discussing the items listed on the agenda given below. Yours very truly, FCM:s /5/ F. C. Middleton City Manager ---------------------------------------------------------------------------------- '.'. \ AGENDA 1', " "'';'.:'} i, ,::,:>' i>;{"it~~;\ . ,,~, ".:"-~. p County Water Project report. (Mayor Brown) Awarding bid for the purchase of l~ ton truck chassis and cab for Fire Department. (Bids were opened at regular Commission Meeting on April 7.) (City M8nager) Opening of bids for resurf~cin~ project. (City Manager) Reports from Zoning Board. A. Request of George Butcher to rezone Lots 1 through 5, Block 2, Overbrook Subdivision and H. C. Brasfield and E. R. Turner to rezone Lots 1 and 2, resub of Lots 20, 21 and 22, R. H. Padgett Subdivision. B. Daniels Si~n Company and Sunbeam Baking Company to erect a commercial sign at southwest corner of Gulf-to-Bay and U. S. #19. C. Request of Joseph Roberts to erect a cornmercial sign at the corner o~ Yelvington and E. Druid Road. Parking Lot N. Osceola Avenue. (Crown) Parking Lot at the corner of Chestnut and Prospect. (Blanton) ----------------------------------------------------------------------------------- March 27, 1952 To: Mr. F. C. Middleton, City Manager From: O. H. Anderson, Seely., Zoning Board Subject: Request of George Butcher, H. C. Brasfield and E. R. Turner At the regular meetin~ of the Zoning Board held Tuesday evening, March 25th, a motion was made and carried that the request of George Butcher to rezone Lots 1,2,3,4 & 5, Block 2, Overbrook Subdivision and the request of H. C. Brasfield and E. R. Turner to rezone Lots land 2, (resub of Lots 20, 21 & 22), R. H. Padgetts Subdivision, from R-2, zoning to Business zoning, be referred to the City Commission for study and return to the Zonin~ and Planning Board before the next referendum ballot for rurther study. Attached herewith is the copy of Mr. George Butcher, ~~. H. C. Brasfield and Mr. E. R. Turr.er's requests. ---------------------------------------------------------------------------------- To: From: March 26, 1952 Mr. F. C. Middleton, City Manager O. H. Anderson, Sec'y., Zoning Board Subject: Sign Request of Daniels Signs, Inc. At the regular meeting of the Zoning Board held Tuesday evening, March 25, 1952, a motion was made and carried that the request of Daniels Si~ns, Inc., for (Clearwater - Sunbeam Bakery), to erect a commercial sign on the southwest corner of new U. S. #19 and Gulf to Bay Boulevard be denied. The Board feels that the erection of this sign would be a violation of Ordinance #592, Section 2) Item B. Attached herewith is the request letter and application of Daniels Bros. also a sketch of the sign requested and a letter from the Clearwater Chamber of Commerce. -----------------------------------------------------------------------------~----- .. _~._,__,.,..... H _. f --..... " ',:.::::", ~ .: '( ,~. ~..' " .",' .' ,'':'' .' " ',' - ',"'1'" ';'<"'\"." , . , ' " , .. ~m -' ,';,.. . ~ .... '.' ", ' _,. _ ,', i.,~ '; ,'(,.. . . ,,;; ...". '"""2;~;,(b0;';i;k';'",,';~~;;:q;,f:'/ii!$I~! t~I~~~~ti:) . !\';;;;<Fr::':~:~~. '.' . ,., ""T"~~'.."""-;''::.''~'';':} .~. ~:, ~ -",', .' ~':'..'. . .,.. .' I '. ~ 1 I ',--,~\ r' ; I '. .,~:'.:" I J I :] I 1 I . .1 ,t' " 'i' , . . " '.' I . . . '" ' i , ' \ .' "~ ~ ) CITY CO~4ISSION MEETING April 14, 1952 March 27, 1952 To: From: . Mr. F. C. Middleton, City Manager Oliver H. Anderson, See'y., Zoning Board ;' " Subject: SIGN REQUEST JOSEPH ROBERTS At the regular meeting of the Zoning Board held Tuesday evening, March 25th, a motion was made and carried that the reouest of Joseph Roberts to erect a commer- cial sign at the corner of Yelvin~ton Avenue and East Druid Road, be denied. The Bcard feels that the erection of this sign would be a violation of Ordinance # 592, Section 2, Item A. Attached herewith is the application of Mr. Joseph Roberts. ------------------------------------------------------------------------------------ PETITION ! I J I I....... We, the undersigned property ov~ers adjacent to or in the proximity of Coachman Park, do h~reby respectfully re~uest your Honorable Body to discontinue its use as a public parkin~ place and to thereafter use the Park as originally planned and in- tended. We make this request in order that the original intention of Mr. and, ~trs. Coachman and of the City Commissioners in office at the time the Park was acquired be carried into effect, and for the further reason that the parking lot as it is now maintained is definitely a nuisance to the people in the area, who, consequently, object to the same very strenously. Signed by twelve persons April 10, 1952 Honorable City Commission City of Clearwater Clearwater, Florida In re: Mrs. Clara Lambert Rombach VS. City of Clearwater - Final Report. Gentlemen: The above case was filed Au~st 7, 1951 against the City based on permanent injuries and pain and suffering incurred by the Plaintiff Clara Lambert Rombach by virtue of her having stepped into an open water meter box maintained by the City on the West Parkway of North Osceola Avenue, next to the Public Library. Damages were claimed in the amount of ~25,OOO. From my research of the law and consideration of the facts, I early became convinced that this was a dangerous case that might well result in a verdict against the City in an amount anywhere between $5,000 and $10,000. Hence, I engaged the services of the Honorable Stewart Warren of St. Petersburg, Florida, to aid me in the trial which was conducted by three able Attorneys representing the Plaintiff. The case was tried on March 17, 1952 resulting in a verdict against the City in the amount of $1,750.00 plus $34.35 Costs, making a total of $1,7$4.35. After the trial we prepared and filed in behalf of the City a MOTION FOR JUDGr-'lENT KOTWITHSTAI\DING THE VERDICT, which motion was argued by us and denied by the Court. We deliberately refrained in filing a Motion for New Trial because it was the considered judgment of both Mr. Warren and this writer that if a new trial were granted, the danger was too ~reat, that it mi~ht result in a much larger ver- dict against the City. It is my recommendation that this case not be appealed, apd the Commission direct the City Treasurer to pay the judgment. · I herewith enclose my statement for professional services rendered and costs which have not been paid directly by the City Manager. Respectfully submitted, Is! C. E. Ware . To: City of Clearwater City Hall Clearwater, Florida In Account Witp C. E. Ware, Attorney 1411 No. Ft. Harrison Clearwater, Florida Attorney's Fee, Rombach Vs. City of Clearwater One-half Attendance Fee re: Rombach vs. City of Clearwater Maude B. Clingan, Official Court Reporter $750.00 Total 8.7~ $758.75 _....,..~ CITY CONIl'.�IuSION MEETING April 1L�, 1952 The Ci.ty Commission of the City of Clearwater met in special session at City Hall, Monday, April ll�, 1952, at 7;30 P.M. with the following members present: Herbert M. Brown Wm, E. Crown, Jr. Herbert M. Blanton Jack Russell Absent: Garland D. Lynn Also present were: F. G. Miildleton G. T. t�lcClamma Chas. ri. Phillips, S. Lickton Mayor-Commissioner Commissioner Commissioner Commissioner Gommissioner City Man�ger Chief of Police Jr, Cit� Attorney City Engineer Lf- 9 3 The meeting was called to order by the Mayor who made an oral report of his visit to Chicago, Illinois, in company with Nir, Clair Davis, County Attorney; Nr. R. Hosey Wick, Chairman, County Comrnission; N�r. S. K. Keller, Superintendent of the County Water System; and Mr, Harold Briley of Briley-�ti'ild �nd Company, Consulting Engineers; L-o confer with Chapman and Cutler, bond att�rneys, on the proposed addi- tion to the County ?^later 5ystem, He stated that the water project would be divided into two systems, one would be the present County system or distribution system and the otk�er wQuld be the new or source system. As to the creating of a Gounty tidater �uthority, he reported it was impossible for ihe County Commission to delegate its authority under existing laws, but there could be created instead an Advisory Board which would act in an advisory capacity relative to setting the rates or any chan;es in the water rates, HE said that in the event a referendum was held on the matter, it would not have to be ratified by 5io of all qualified electors but would be determined by the majorit}� of those par�ticipating in the referendum election. Commissioner Blanton su�gested that a clause be inserted in the contract which would relieve the City of its obliaation to use the County facilities as a sole source of su�ply in the event a good and abundant supply of water could not be maintained. The Mapor stated that the contract had been prepared in draft form, copies of which tvould be made for each Commissioner in preparatian for a meetin� to discuss the proposed contract with the County authorities, After completion of the contract, the iyi�3>or suogested that it be submitted to the various civic organizations for their reco�runendation as to whether or not a referendum should be held on the matt�r. In regard to the �urchase of a l� ton truek chassis and cab for the Fire Department, the City Manager recommended accepting the low bid of Larry Dimmitt, In�orporated, for �1,�91�.00, immediate delivery. Go.nmissioner Crown moved that the City P�7ana;er's recommendation be approved. Motion was seconded by Gommissioner Russell and carried unanimously. The City i�tanager reported that four bids had been received for the resur acing o£ Charles Street, Granada Street, Iva Street, Sedeeva Circle, Plaza D�lores, tus Path, Marianne Street and 250 feet of F�.st Shore Drive which would include appro� mately 22,OOC sc�uare feet, The bids were read as follotvs: E. H. Holcomb, Jr., Glearwater �10,560.Q0 W. H. Armston Co., Dunedin $,5$0.00 Burton-j^lalker Constr. Co., Plant City 12 540.00 Campbell Paving Co,, Clearwater 9,900.00 Commissioner BlantQn moved that the recommendation of the City Enaineer and the City M:nager be followed and the contract for the resurfacing of these streets as tabulated be awarded to the tiV. H. Armston Company of Dunedin for �$,5$0.00. Moti.on was seconded by Commissioner Russell and carried unanimously. A letter addr.essed to the City Manager by the Secretary of the Zoning Board referred to the Cit}r Commission the rec�uest of George Butcher, H. C. Brasfield and E. R. Turner that Lots 1 to 5, inclusive, Block 2, Overbrook Subdivision, and Lots 1 and 2, R. H. Padgetts Subdivision, be changed from R-2 Zoning to Business Zoning with the request that the City Cornrnission �tudy the matter and return to the Zoning Board before the next Zoning Referendum Election. By consent, the Gity Nianager was instructed ta communicate with the Zonin� Board and ask for their recommendation as to whsther this item should be placed on the ballot for the Zonino Referendum Election. The Clerk read a communication addressed to the City Manager by the Secretary of the Zoning Board in which it was stated that the 2oning Board recommended that the application of Laniels Signs, Incorporated, ior permission to erect a sign on the southwest corner of the intersection of U.S, Route 19 and Gulf-to-Bay Boulevard be denied. The Clerk also read a letter froin the Chamber of Commerce which recommended that the permit be granted since the sign would be a directional sign in addition to the advertising. The P�Iayor su,oested that the entire Commission as a Cnmmittee study the proposed location for this particular si�n and brin� in a general re�,ort on the Sign Ordinance as a whole. � � � -2- CTTY CO�ISSION MEETING April 1�., 1952 The Mayor called atte�,�ion to the fact t,hat the parkina 1ot at the southeast corner of Franklin Street and South Garden Avenue had been sold and recommended that the City Manager contact the new owner relative to �he possibility of leasing the lot and continuing its operation as a parking facility. The Clerk read a letter addressed to the City Manager by the �ecretary of the Zoning Board in which bhe Zoning Board re�ommended that the application of Joseph _ Roberts to erect a commercial sign at the corner of Yelvin�ton Avenue and East Druid Road be denied. Commissioner Crown moved that since the City Attorney had informed the Commission that the erecbion of a si,gn at thi� location would be a clear viola- tion of the Sign Ordinance, that such application be denied and that the City Attorney be instructed to write Mr. Roberts a letter so informing him, and that the recommenda- tion of tha Zoning Board be approved. Motion was seconded by Commissioner Russell and carried unanimously. The Clerk read a petition signed bSr twelve owners of propert�T adjacent to Coachman Fark requesting that i:he parlting lot on North Osceola Avanue be discontinued. The City Manager reco�omended that the lot be resurfaced and extended south to the Gulf Oil Company prc,gerty, thus creating a parking area approximately 2Q0 feet by L�00 feet; also sug�ested putting parking meters in the lot, constructing curbs ar;;und thP edge so it could be cleaned by the sweeper, and putting two sidewalks running east and west about the center o� the lot to give people access to the park without having to walk across the pas�king lot. Mr. Blanton aalled attention to the fact that �10,000.00 had been appropriated in the budget last year for use in beautifying �he park and stated that the City continued�the use of this space as a parking area only in compliance with the request oi the Clearwater P�Terchants Association to delay action until the end of the tourist season, and i•c was his opinion that i.t should now be dis- aontinued and only enough parking space allocated to take care of the cars of those people visiting the park. The l�iayor reva.ewed the original plans for the building of an amphitheatre on the side of the hill and suggested creating a park in the area between the hill and �he bay and continuino to use tiie present location for parking. Mr� Stevens of the Grest Lake Association, NIr. George Butcher and Mr. Warren Eigerma:nn from the Federation of Civic Glubs addressed the Commission on the subject of the parking 1ot. Cornmissioner Crown moved that the City i�ianager be instructed to study detailed plans and estimated cost of beautification and conditionin� of the parizing lot on North Osceola. Notion tvas seconded by Commissioner Russell and carried unanzmously. The City i•'Ianager reported that the moving of the Farmers Market had been practi- cally completed and that the adjacent parking lot at Chestnut and Prospect would re- quire appraximacely $00 yards af additional fill. He stated that if the lot was to be used extensively some kind of hard surface should be provided as the ground was very soft in that area. I�ir. Blanton suggested possibly a mar�1 surface would be satisfactory for the present uztil there was time to observe tiow much use was made of the parking lot. I�lr. Blanton moved that the City go ahead and put in fill and surface the lot with marl at the present time. Motion was seconded by Commissioner Crown and carriec? unanimously. i�Ir, Blanten offered to danate a number of palm trees if the City would move them and plant them in the Farmers Market area. The City i�ianager xemarked that the Parks Department did not have the proper heavy equipment to move the trees but that he thou�ht the Public V�orks Superintendent would be able to handle the removal by means of a winch. Couunissioner Blanton commented that h� would like to see the City Cornmission accomplish three projects during the coming year -- the development of the water- front property, the moving of the railrcad stations to City-owned property on Druid Road and the buildin� of a new bal� park. The Cit� Manager said that the En�ineering Department was noUr ready to advertise for bids for construction of the NIunicipal Pier on the City's property on Clearwater Beach at an estimated cost of $p42,000.0U. The question arose as to what height the pier would be above the water and the Engineer was instructed to ascert�.in whether the pier could be constructed high enou�h to prevent damage by high water without additional cost. Commissioner Blanton moved that the City Manager proceed to adver- tise for bids for construction of the pier in accordance with the �ngineer's plan. Nlotion was seconded by Commissioner Crown and carried un�nimously. The Glerk read a le�ter from Mr. Charles E. Ware, advising the City not to app�al the judgment awardel to Mrs. Clara Lambert Rombach as damages in her suit against the City of Clearwater and recomm.ended the payment of the judgment, court costs and attorneyTs fees. Commissioner Blanton moved that the judgment of �1,750,00, the attorneyts fee of �75$•75, court costs of �;34.35 be paid and that �his was to be the total obligation ior attorney�s fees. Motion was seconded by Commissioner. Crown and carried unanimously. The Mayor announced that the General Extension Division of the University of Florida would present its annual short course for City� Managers in Ocala, Florida, on April 1$th and lgtho Gommissioner Crown moved that the City Man�ger be authorized to attend this University of Florida short rourse. Motion was secanded by Commissioner Blanton and carried unanimously. -3- GITY CONIDZISSION MEETING April 1�., 1952 Commissioner Russell, after commenting that the Dog Ordinance in its present form is �oo long and would be too expensive for the City to admir_ister, moved that the Dog Ordinance be returned �o the Gity Attorney and the Commission for further study. Motion was seconded by CGmmissioner Blanton and carr;ed unanimously. The City Manager reported that the City Treasurer had puz�chased �65,000.00 in General Oblip;ation City Bonds at 91� as authorized by the City Commission. Thex�e being no further business to come before �the Board, the meeting was adjourned at 10:10 P.M. ATTEST: 6 .� D Gity Audit�r d Clerk Mayor-Commissione . GZTY CONiMISSTON ME�TTNG Agri1, 14, 1952 Mayor-Commissioner Herbert M, Brown Commissioners: Herbert Blanton, Sr., Garland D. I,ynn Jack Russell, W. E, Gro�vn, Jro Gentlemen: April 12, 1952 � special meetin; of the City Commission will be held in the City Hall Auditorium ` at 7;30 p.m. i�Ionday, April 14, 1952T for the purpose of discussing the items listed on the agenda given below. Yours very truly, FG�2: s � �s� F. C. Middleton City Manager AGENDA l. County Water Project report. (R'iayor Brown; 2, Awarding bid for the purchase �f 12 ton truck chassis and cab for Pire Department. �Bids were oper_ed at regular Commission Meeting on April 7.) (City Manager) 3• Opening of bids for resurf:�cing project. (City Manag�r) 1F. Reports s"rorn Zor.ing Board. A. Request of Georbe Butcher to rezone Lots 1 through 5, Block 2, Overbrook Subdivision and H. C. Brasfield and E. P. Turner to rezone Lots 1 and 2, resub of Lots ?0, 21 and 22, R. H. Padgett Subdivision. B. DanieZs 5ign Gompany and Sunbeam Baking Comgany to erect a commercial sign at soutrwest corner of Gulf-to-Bay and U. S, jf19. C. Request of Joseph Roberts to erect a commercial sign at the corner of Yelvington and E. DrL�id Road. 5. Park_ing Lot N. Osceola Avenue. (Crown) o. Parking Lot at the corner of Chestnut and Prospect. (Blanton) To: i�ir. F. C. ;�Iiddleton, City Manager From: 0. H. Anderson, Sec'y., Zoning Board March 2'], 1952 Subject: Request of George Butcher, H. C. Brasfield and E. R. Turrier At the regular meetin� of the Zoning Board held Tuesday evening, March 25th, a motion was made ar�d carried that the request o�' George Butcher to rezone Lots 1,2,3,1� & 5, Block 2, Overbrook Subdivision and the request of H. C. Brasf�eld and E. R. Turner to rezone Lots 1 and 2, (resub of Lots 20, 21 & 22j, R. H. Pad�etts Subdivision, frord R-2, zoning to Business zoning, be referred to the City Gommission for study and return to the Zonin� and Planning Board before the next reierendum ballot for fu��ner study. Attached herewith is the copy of Mr. George Butcher, Nir. H. C. Brasfield and Mr. E. R. Turr.er's requests. P�Iarch 26, 1952 To: Mr. F. C. Middleton, City Manager From: 0. H. Anderson, SecTy., Zoning Board Subject: Sign RequPst of Daniels Signs, Inc. At the regular meetin� of the Zoning Board held Tuesday evening, March 25, 1952, a motion �ras mau� and carr�ed that the request of Daniels Si�ns, Inc., for (Clearvrater - Sunbeam Bakery), to erect a cotamercial sign on th� southwest corner �f new II. S, ��19 and Gulf.to Bay Boulevard be denied. The Board feels that tre erection of'this sib�1 would be a violation of Ordinance ��g2, Section 2, Item B. Attached herewith is the reauest letter and application of Daniels Bros. also a sketch of the sign requested and a letter from the Clearwater L'hamber of Commerce. CITY COT�I�iISSION MEETING Ap-ril ll�, 195z Tp: Mr. F. C. Middleton, City Marager From:. Oliver H. Anderson, Sec1y., Zoning Board Subject: SIGN RERUEST JOSEPH ROBERTS March 2'7, 1952 �9 7 At the regular meeting of the Zoning Board he].d Tuesday evening, March 25th, a motion was made and carried that the request of Josetih ftoberts io erect a commer- cial si;n at the cor,�er of Yelvin�ton Avenu� and East Druid Road, be denied. The Board feels that the erection of this sign would be a violation of Ordinance � 592, Section 2, Item A. Attached 'nerewith is the applicaGion of T�'ir. Josepri Roberts. PETITION We, the undersigned property ownErs ad,`acent to or in the proximity of Coachman Park, do h�reby respectfully request your Honorable Body to discontinue its use as a public parking place and to there�fter use the Park as originally planned and in- tended. We make this request in order that the original intention �f Mr, and IKi•s. Coachman and of' the City Commissioners in office at the time the Park �vas acquired be carried into effect, and for thz further reason that the parkin� 1ot as it is now maintazned is definitelg a nuisance t� the people in the area, who, consequently, object to tne same very strenously. SS.gned by twelve persons April 10, 1952 Honcrable City Commission City of Clearwater Clearwater, Florida In re: Mrs. Clara Lambert Rombach VS. City of Glearwater - Final Report. Gentlemen: The above case was filed August %, 1951 against the City based on permanent injuries and pain and suffering incurred by the Plaintiff Clara Lambart Rombach by virtue of her having stepped into an open water meter box maintained by the City on the �9est Parkway of North Osceola Avenue, next to the Public Library. Dama�es were claimed in the amount of �;25,000. From my research of the law and consideration o.i the f acts, I early became convinced that this was a dangerous case that might we11 result in a verdict against the Gity in an amount anywhere between �5,000 and �10,000, Hence, I enga�ed the services of the Honorable Stewa.rt Warren of St. PetersUur�, Florida, to aid me in the trial which was conducted by three able Attorneys representing the Plaintiff. The case was tried on March 17, 1952 resulting in a verdict against the �ity in the amount of �1,750.00 plus �34•35 Costs, making a total of �l,'%$4.35. After the trial we prepared and filed in behalf of the Gity a Ni0TI0� FQR JUDGMENT I�OTI�TTHSTARDING THE VERDICT, whiclz motion was argued by us and denied by the Court. We deliberately refrained in filin; a Motion #'or I�ew Tria1 because it was the considered judgment of both NIr. ?tiarren and this writer that if a ne�v trial were granted, tha dan�er was too areat, that it mi;ht result in a much larger ver- dict against the City. It is my recommendation that this case not be appealzd, and the Commission d3rect the City Treasurer to pay the judgment. a I herewith enclase my statement for professional services rendered and costs tiahich have not b�en paid direc�ly by the City Manager, To: City of Clearwater City Hall Clearwater, Fl�rida Respectfully submitted, /s/ C. E. Ware In Account With C. E, tVare, Attorney 1411 No. Ft. Harri$on Clearwater, Florida Attor:�ey�s Fee, Rombach Vs. City of Clearwater One-half Attendance Fee rz: Rombach vs. City of CTearwater Maude B. Clingan, Ofiicial Court Reporter Total �$75�.00 $.75 �75�.75