03/09/1953
C1 ty j\1ana~er
Ci ty Attorney
ChiAf of Folice
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CITY COMMISSION MEETING
March 9, 1953
The City Commission of' the City of Clearwater met in special session at City
Hall, Monday, March 9, 1953, at 1:30 P.M. with the following members present:
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Herbert M. Brown
Wm. E. Crown, Jr.
Jack Russell
John W. BRtes
W. E. Strang, Jr.
Also present were:
F. C. ~1iddleton
Chas. M. Phillips, Jr.
G. T. McClamma
Mayor-Commissioner
Commissioner
Commissioner
Commissi,oner
Commissioner
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The Mayor called the meeting to order and announced that the meeting had been
called to discul"s and try to come to S0me sound, rAAsonable c("\nclusion regnrding
whQt the City can do about the bay bottom IRnds Adjoining the Causeway. He
reported that Messrs. Williams ::Inn Billet had offered to sell to the Cit,y 34! acres
of submerged land immediately south of the CauReway for $68,000.00 or they would
be wi 1] i ng to consider a smaller cash payment plus taking a portion of the City-
owned property in Stevenson Creek which they woulrl develop for motels along North
Fort Harrison and the remainder as R-I. However, the Mayor explained that the part
of this area not adjoining North Fort Harrison is presently zoned as P or Public
which would not permi, t. resident ial constructi on.
Regarding the submerged lands and mangrove islands north of the Causeway,
the City Attorney read the ~ollowing letter from Mr. F. L. Skinner who wishes to
develop that area:
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"Hon. Herbert M. Brown
Mayor of City of Clearwater, Fla.
Clearwater, Fla.
Dear Mr. Brown:
March 6, 1953
I appreciate very much the willingness that you, the other commissioners and
the City Attorney have shown to co-operate with me on a satisfactory development
or the mangrove islands in Clearwater Bay.
On account of the considerable damaee done to this section of the Florida
West Coast by adverse public:i t,y, a nd other contri but:i ne; considerations, that need
not be discu~sed unless requp.Rted, there may be some delay in my plans. Starting
a complete new plan, financiAJly and other\'lise makes it very difficult for me to
make any very definite statement based on rln over-a.!l plan. But I will say now that
if and when I develop this prorerty I will not fill to the channel that runs under
the present draw bridge on the part South of Seminole Street, unless it develops
that a second connecti.on 'to the islands is desirable. In wh1.ch Cr.lse I think a
reasonable variation from the above statement could be worked out ~~th the
Commission. To make this more definite I would say that the set back at the East
channel will be suffic:iel'lt so that the houses on thi.s development will not be any
closer to the present channel than houses now on the East side of this channel.
Also a cut back of' my original plans can be worked out to give a larger water
area near the West Causeway Bridge.
It is still my hope that these set backs can be made and not leave shallow
areas of flats or bars in the boating areas created by the dredging. These would
be serious hazards to pleasure boats and would still leave Clearwater Bay subject
to the criticism by visiting yachtsmen that Clearwater Bay needs more deep \-/ater
to be attractive to yacht owners.
The making or this statement is based on the understanding that with this
modirication the City Cornrrdssion will withdraw their objections and will co-operate
with a satisfactory plan for the development.
Yours very truly,
/s/ F. L. Skinner"
Mr. Ben Krentzman, attorney for the Clearwater Beach Association, addressed
the Commission and stated that while the Special Act of the Florida Legislature of
1925 provided for ingress and egress to the Causeway from filled in lands adjacent
thereto. it was his opinion that the City mi3ht be able to sustain its objections
to new entrances to the Causeway due to the traffic hazard that would result from
such connection. He said the City also had authority to regulate matters pertaining
to the public health such as sanitary sewers, etc., prior to the approval of
subdivision plats, and that he could think of a number of reasons that the City
could advance against the granttng of such permit, particul~rly since the present
Causeway is not taxed to its full capacity handling the traffic. Mr. Fred G.
Stickel, member o~ the Bar in New Jersey, addressed the Co~mission suggesting that
the City take steps to secure a declaratory decree from the Court relative to the
City's legal rights in the matter. Commissioner Cro~m was of the opinion that the
City should not go to the expense or Court action until it is seen whether a friendly
agreement with Mr. F. L. Skinner could be worked out 4 Mr. Skinner was not present
when the meeting opened but CRme in about 2:40 P.M. On being questioned about his
plans, he said that he had withdrawn his former plans and discharged his engineer,
that he has no formal plans at present but intends to submit a modified plan at a
later date.
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CITY COMMISSION MEETING
March 9, 1953
The City Attorney reported that after investigation of titles to submerged
land south of the Causeway he had found that one 34~ acre tract in the name of
Mr. H. H. Baskin was the only tract south of the Causeway privately owned except
for some small areas attached to the fin~ers on the island and the 17 acre tract
owned by Mr. W. D. Owens, lying to the east of the southern tip of the island
which can be used only as a source for fill material unless it is filled by
natural accretion. Mr. Billet stated that Mr. Owens had used all of this
except 3~ acres for fill material.
The City Attorney read a letter addressed to the Commission by Mr. David
Brown in which Mr. Brown offered to purchase from the City those parts of
Blocks A, B, C, Navajo Park, zoned as R-M on the current Zoning Map of the City
of Clearwater for the sum of $30,000.00, payable $3,000.00 on the si~ning of the
contract of sale, balance to be paid upon closin~. Mr. Brown enclosed his check
in the amount of $3,000.00 as evidence of ~ood faith. Mr. Wm. MacKenzie addressed
the Commission stating that he represented Mr. Brown, Mr. William Wolfe, Mr. Jack
Marchant and other property owners along North Fort Harrison. He pointed out
that Mr. Brown's offer would permit the City to retain the balance of the submerged
property north of Calumet Street for eventual use for park purposes. Mr. Charles
Vetter, a resident of Navajo Park, reported that 90 per cent of the residents of
Navajo Park Subdivision would like to see the creek area cleaned up. Upon being
questioned, Messrs. Williams and Billet stated they would like to have the area
now zoned on the Zoning Map as Public rezoned to R-l before they enter into a
contract to develop the property.
Commissioner Crown moved that the City proceed to effect the purchase of the
approximate thirty-four acres of privately owned land south of the Causeway at a
price of $68,000.00, payable in an amount not to exceed $10,000.00 per year with
the remaining balance accruin~ interest not in excess of three and one-half per
cent. Motion was seconded by Commissioner Bates and carried unanimously.
Commissioner Crown moved that the Commission go on record as ~avoring the
application of the credit against the purchase price from i'lessrs. Williams and
Billet for the City's approximately fourteen acres in the Stevenson Creek basin
at a credit established at $30,000.00, provided that suitable rezoning can be
effected of the portion now marked or zoned "Public" and prOVided further that
a suitable arrangement as to en~ineering details can be worked out with the
developer and that the proper City officials be authorized to effect the rezoning
(from P to R-l) necessary to carry out this motion. Motion was seconded by
Commissioner Russell and carried unanimously.
By consent, it was agreed to call a special meeting on Monday, April 13, to
hold a Public Hearing on rezoning this Stevenson Creek area presently zoned as
Public.
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Commissioner Bates moved that the Commission acknowledge Mr. F. L. Skinner's
letter and take no action either for or against it at this time inasmuch as the
letter indicates the plans are not sufficiently clear for such actionp Motion was
seconded by Commissioner Crown and carried unanimously.
Commissioner Crown moved that the City defer action on Mr. David Brown's
offer temporarily and that the Clerk hold Mr. Brown's check subject to Mr. Brown's
orders. Motion was seconded by Commissioner Strang and carried unaninously.
By consent, the Commission instructed the City Attorney to prepare an
Ordinance requiring that neon sign transformers be constructed of such materials
so as not to cause static electrical disturbance in radios in the area and to draw
up an Ordinance regulating the method of construction of television aerials so
that they will not constitute a danger to public safety and require a permit if
over a certain height.
Mr. M. B. Thayer addressed the Commission requesting that the Commission
expedite putting into effect the establishing of one-way streets as recommended
by the Traffic Committee.
The City Attorney presented a statement for his services in connection with
the Glenn Proctor case. Commissioner Crown moved that the statement from the
City Attorney regarding the Proctor matter be approved for payment at $850.00.
Motion was seconded by Commissioner Strang and carried unanimously.
There being no further business to come before the Board, the meeting
adjourned at 3:49 P.M.
Attest:
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Mayor-Commissio et
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CITY COMMISSION MEETING
March 9, 1953
Mayor-Commissioner Herbert M. Brown
Commissioners: W. E. Crown, Jr., Jack Russell
W. E. Strang, Jr., John W. Bates
March 6, 1953
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Gentlemen:
The City Commission will meet in Special Session at 1:30 p.m. on March 9, 1953
for the purpose of considering the following items:
1. Discussion of Bay Bottom Land with reference to final settlement.
2. Any item not on the agenda will be considered with the consent of
the Commission.
This meeting will be held in the City Hall Auditorium.
Very truly yours
/s/ F. C. Middleton
City Manager
FCM: s
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The Honorable Board of City Commissioners
Clearwater, Florida
Gentlemen:
March 9, 1953
As a property owner with a substantial investment on North Fort Harrison
Avenue near Stevenson Creek, I am highly desirous of seeing that the present "P"
zoning district in that area be kept by the City and eventually developed for
park purposes.
To that end, I herewith offer to buy from the City upon the terms and
conditions hereinafter set forth, the following described lands:
Those parts of Blocks A, Band C of NAVAJO PARK SUBDIVISION which are
presently zoned "RM" by the Zoning Map of the City of CJ.earwater, Florida,
1952 inCluding all streets lying between the property to be conveyed in
Blocks A and B and all streets lying between the property to be conveyed
in Blocks Band 0; said property having a slireet frontage on North Fort
Harrison Avenue of approximately 720 feet, being approximately 110 feet
deep on the north, approximately 155 reet deep on the south and being approxi-
mately 190 feet deep at a point which is 260 feet north of the nortn side
of Calumet Street.
This offer is made upon the following terms and conditions:
1. The purchase price shall be $30,000.00, payable $3,000.00 as a
binder upon signing of the contract of sale, and the balance to be
paid in cash upon closing. As evidence of my good faith in making
this offerJ I herewith tender the Bank of Clearwater's Cashier's
Check #39407 in the amount of $3,000.00 payable to the order of the
City, to be held by the City and cashed by them upon the signing o~
the contract as the binder.
2. The exact legal descriFtion of the property shall be worked out to
the satisfaction of both parties by the City Engineer and any surveyor
I may retain to represent my interests.
3. Upon determination of the exact legal description, the parties shall
enter into a written contract to sell and purchase, embracing the
usual terms and conditions found in such contracts, and specifying
the City ~ill convey the property by fee simple deed and furnish an
abstract of title to same. The City shall agree to cancel any
indebtedness due the City for taxes or assessments against such
property or any part thereof.
4. Upon closing of the sale, the City shall thereafter cooperate with
the undersigned in vacating any streets lying between the property to
be conveyed. It is not my in~ention that the City shall be required
to vacate any portion of such streets which lie east of the property
I propose to purchase nor that the City will be required to vacate any
portion of Calumet Street.
5. Upon closing of the sale, the City shall irrevocably dedicate to
the public for public purposes only the area presently zoned "P" by
the Zoning Map or the City of Clearwater, Florida, 1952 which lies
north of Calumet Street, east of North Fort Harrison Avenue and south
and west of the channel of Stevenson Creek.
No strings are or will be placed upon the application of the proceeds ot
such sale by the City. Ir the City wishes, it may use such sum towards the pur-
chase of the submerged lands lying south of the causeway from Messrs. Billet and
Williams. I do point out that I offer to pay the City more than the City would
be allowed as a credit for the entire Stevenson Creek area on a trade with Messrs.
Bille~ and Williams.
I respectfully request that the City act upon this offer within a reasonable
time.
DB/jm
Respectfully submitted,
/s/ David Brown
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CITX COMNil'SSION MEETING
March 9, i953
The City Commission of the Citp oi Clearwater met in special sessian at City
Hall, Monday, March 9, 1953, at 1:30 P,M. with the following members present:
Herbert iK. Brown
Wm. E. Crown, Jr.
Jack Russell
John W. Bates
GV. E. Strang, Jr.
Also present were:
I'. C , Middleton
Chas. PQ. Phillips, Jr.
G. T. McClaruna
Mayor-Commissioner
�ommissioner
C oanmi s s�, o ner
Commissioner
�ommissa:oner
City Manager
City Attorney
�hief of Police
The Mayar called the meetin; to order and announced that the meeting had been
called to discuss and try to come to some sound, reasonable canclusion regarding
what the City can do about the bay bottom Iands adjoir.�.ng the Causevray. He
reported that Messrs. ti�lilliams and Bill.et had offered to sell to the City 31�� acres
ai submergsd land immediately south of the Causeway for �5$,OOQ,00 or they would
be willing to consider a smaller cash paymEnt plus taking a portion of the City-
owned proPerf�y in Stevenson Creek which they wouZ� develop for motels along Aorth
Fort Harrison and the remainder as R-1. However, the Mayor explained that the part
�f this arEa not adjoining North Fort Harrison is gresentiy zoned <xs P or Publia
which would not permit residential construction.
Regarding the submerged lands and mangrove islands n�r�h of the Causeway,
the City Attorney read the following letter from Mr. F. I,. Skinner who wishes to
develop that area;
f'Hon. Herbert v.
Mayor of City of
Clearcvater, Fla.
Dear Nir. Brown:
Brown
Clearvrater, Fla.
T appreciate uery much the willingness that
the City 9ttorney have shown to co-operate with
of the rnan�rove islands in Cleartaater Bay.
P�tarch 6, 1953
you, the other commissioners and
me on a satisfactary develapment
On account of the considerable damage done to this secbion of the r^lorida
West Coast by adverse pub7.ic3.ty, and other cor_tribut�ng consa.derations, that need
not be discn=sed unless requested, there may be some delay in my plans. Starting
a complete new plan, financially and athervlise makes it very difficult for me to
make �ny verg definite statement fiased on an averall Flan. But I will say now that
if and when I develog �this pro�erty I will not fi11 tn the channel that runs under
the preser_t draw bridge on the part South of Seminole Street, unless it develops
that a sacond connection'to tY:e islands is desirable. In whieh case I tlzirlt a
•reasonable variation from the above statement could be worked out with the
Commission. To make this more defini�e I would say that the set back at the East
char.nel will be suffir.ient so that the houses an this developmer_t �vi11 not be any
closer to the present chanrel than ho��ses noh or_ the +,ast side of this channel.
Also a cut back of my orig?na.l plar.s can be wnrked out t� give a larger water
area near the West Cause�ray Bridge.
It is still my llope that these set baeks can be made and not leave shallow
areas of flats or bars in L•ne boating areas create�i by the dredging. These would
be serious hazards to pleasure boats and would sti:ll leave Clearwater Bay s�zbject
to the critiaism by visiting yachtsmen that Clearwater Bay needs more deep water
to be attractive to yacht owners.
The makir_g of this statemer_t is based on the ixnderstanding that wi,th this
modification the City Commzssion will withdraw the�r objections and will co-opera�e
with a satisfactory plan for the develo�ment.
Yaurs very truly,
�s� F. Z. Skir.n�r'r
Mr. Ber_ Krentzman, attorney for the Cleartaater Beach �ssociation, addresszd
the Commission �nd stated that while the Special Act of the Florida Legislature of
1925 prcavided for ingress and e;ress to the Cause�va5r fr�n iilled in lands adjacent
tlzereto, it was his ogin�on that the Cit}r might be able to sustain its objectzons
to new entrances to the Cause�•�ay due t� the trafiic hazard that would result from
such connection. He said the City also had authority ta regulate matters pertainino
to the publir health such as sanitary sewers, etce, prior to th� approval of
subdivision plats, and that he could t�hink o£ a number of reasons that the City
could advance �gainst tha grantin; of such permit, par�icularly since the present
Causeway is not taxed to its ful.l capacity handlinJ the traffic. Mr, Fred G.
Stickel, member of the Har in Neca Jersey, addressed the Commission su�gesting that
the City take steps �o secure a declar•atary decree fr�m the CourG relative to the
City�s legal rigr�ts in the matter. Commi.ssioner Crown was of the apinion that the
Qi�y should not go to the exgense of Court action un4il it is seen whether a friendly
agreement wi�h TJIr. F. L. Skinner could be worked out. Mr. Skinner was not present
when the meeting opened but cams in about 2:1�0 P.id. On beinJ questioned aoout his
plans, he said thai: he had withdrawn his former plans and discharged his engineer,
tiiat ha has no formal plans at present but intends to submit a mo�ified plan at a
later date.
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CITY COMI�?ISSION MEETING
March 9, 1953
The City Attorney reported that after investigation of titles to submerged
land south of the Caaseway he had found that one 3�.� acre tract in the name of
Mr. H. H. Baskin was the only tract south of the Causeway privately owned except
for some small are�s attached to the fingers on the island and the 17 acre tract
owned by Mr. W. D, Owens, Iying to the east of the southern tip of the island
ivhich can be used only as a source for fill material unless it is filled by
natural accretion. Mr. Billet stated that Mr. OHrens had used all of this
except 3'� acres for fill material.
The City Attorney read a letter addressed to the Commission by Mr. David
Brown in whzch Mro Brown offered �o purchase frora t he City tY�ose parts of
Blocks A, B, C, Navajo Park, zoned as R-M on the current Zoning Map of the City
of Clearwater for the sum of $�30,000.00, payable �p3,000.00 on the signing of the
contract of sale, balance to be paid upon closing� Mr. Brown enclosed his check
in the amount of �3,000.00 as evidence of gond faith. Mr. Wm. Mac3ienzie addressed
the Commission stating that kie represented Mr. Brotvn, Mr. tiVilliam Wolfe, Mr. Jack
Marchant and other property ownars along North Fort Harrison. He pointed out
that NIr. Brown's offer would permit the City to retain the balance of the submerged
property north of Calume� Street for eventua3 use for park purposes. Mr. Charles
Vetter, z resident of Navajo Park, reported that 90 per cent of the residents of
Navajo Park Subdivision would like to see the creek area cleaned up. Upon being
questioned, Messrs. Williams and Billet stated they would like to have the area
now zoned on the Zoning Man as Public rezone� to R-1 before they enter into a
contract to develop the property,
Co�missioner Crown moved that the City proceed to effect tlle purchase of the
approximate thirty-four acres o£ privately owned land south of the Causeway at a
price of ��$,000.00, payable in an amount not to exceed �10,000.00 per year with.
the remaining balance accruing interest not in excess of three and one-half per
cent. Motion was seconded by CoMmissioner Bates and carried unanimously.
Commisszoner Crown moved that the Commission gc on record as favoring the
application of the c�edit against the purchase price from l�lessrs. Williams and
Billet for the City's approximat�ly fourteen acres in the Stevenson Greele basin
at a creciit established at �30,000.00, provided that suitable rezoning can be
effected of the portion now marked or z�ned 'TPublicT� and provided further that
a suitable arrangement as to en�ineerin; details can be worked out with the
developer and that the proper City officials be authorized to effect the rezoning
('from P to R-1) necessary to carry out this motion. Motion was seconded by
Ccmmissioner Russell and carried unanimously.
By consent, it was agreed to call a special meetino on P�ionday, April 13, to
hold a Public Hearing on rezoning this Stevenson Creek area presently zoned as
Public.
Commissioner Bates moved that the Commission acknooriedge Mr. F. L. Skinner�s
letter and take no action either for or against it at this time inasmuch �s �Ghe
letter indicates the plans are not sufficiently clear for such action. Motian T,vas
seeonded by Commissioner Crown and carried unanimously.
Commissioner Crown moved that the City defer action on Mr. David Brownts
offer temporarily and �hat the Clerk hold Mr. Brown's check subject to NIr. Brown's
orders. Motion was seconded by Cornmissioner Strang and carried unanir�ously,
By consent, the Commission instructed the City Attorney to prepare an
Ordinance repuiring ti�at tieon sign transformers be constructed of such materials
so as not to cause static electrical disturbance in radios in the area anci to draw
up ar� Ordinance regulating the method of constructian of television aerials so
trat they will not constitut� a dan;er to public safety and require a permit if
over a certain height.
Mr. I�i. B. Thayer addressed the Commission rec�uesting that the Commission
expedite puttin� into effect the establishin� of one-way streets as recommended
by the Traffic Committee.
The City Attorney presented a statem�nt for his services in connection with
the Glenn Droctor case. Commissioner Crown mov�d that the statement from the
Citv Attorney regarding the Proctor matter be approved for payment at �$,50.00.
Motion was seconded by Commissioner Strang and carried unanimously.
There being no further business to come before the Board, the meeting
adjourned at 3:49 P.r�.
Attest:
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City Audit and Clerk
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Mayor-Commissio e
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CITY COMNII�SION MEETII3G
March 9, 1953
March 6, 1953
Mayor-Commissioner Herbert M. Brown
Commissioners: W. E. Grown, Jr.y Jack Russell
W. �. Strang, Jr., John G1. Ii�tes
Gentlemen•
The Gity Commission wi1Z meet in Sgecial Session at 1:30 p.m. on March 9, 1953
for the purpose of considering the following items:
1. Discussion cf Bay Bottom Land with reference t� final settlement.
2. Any item nat on the agenda will be considered with the consent of
the Commission.
This meeting vrill be held in the City Hall Auditorium.
FCM:s
Very truly yours,
/s/ F. C. Middleton
City Manager
March 9, 1953
The Honorable Board of City Commissioners
Clearwater, Florida
G2ntlemen:
As a property owner with a substantial investment on North Fort Harrison
Avenue near Stevenson Creek, I am highly desirous of seeing that the present "pn
zoning district in that area be kEpt by the City and eventually developed for
park purposes.
To that end, I nerewith offer to buy from the City upon the terms and
conditions hereinafter set forth, the following described lands:
Those parts of Blocks A, B and C of NAUAJp PAi�K SUBDIVISION which are
presently zoneti "RM'� by the Zoning Map of the City of Clearwatsr, Florida,
1952 includizig al�. streets lying between the property to be conveyed in
Blocks A an�l B and all streets lyino between the property to be conveyed
in Blocks B and C; said property having a street frontage on North Fort
Harrison Avenue of approximately 720 feet, baing approximately 110 feet
deep on the north, apprcximately 155 feet deep on the south and �ein� approxi-
mately 190 feet deep at a poin� which is 260 feet north of the north side
of Calumet Street.
This offer is made upon the f ollowing terms and con@itions:
l. The przrchase price shall be �30,000.00, payable �3,000.00 as a.
binder upon signing of the cantract of sale, and the balance to be
paid in cash upon closing. As evidence of my good faith in making
this offer, I herewith tender the Bank of Clearwater's Cashier's
Check �39467 in the amount of �"3,000.00 payable to the order oi the
City, to be held by the City and cashed by them upon the signing of •
the contract as the binder.
2. The exact legal descriFtion of the property shall be worked out to
the satisfactian of both parties by the City Engineer and any surveyor
I may retain to represent my interests.
3. Upon determination of the exact 1ega1 description, thE parties shall
enter into a written contract to sell and purchase, embracing the
usual terms and conditions �ound in such con�racts, and specifying
the City �vill convey the property by fae simple deed and furnish an
abstract of title to same. The Gity shall agree to cancel any
indebtedness due the City fflr taaces or assessments against such
pro�.�erty or any part thereof.
�.. Upon closing of the sale, the City shall the.reafter cooperate with
the undersigned in vacating any streets lying between the Froperty to
be conveyed. It is not my intention that the City shall be required
to vacate any portion of such streets which lie east of the property
I prnpose to purchase nor that the City will be required to vacate any
portion of Calumet Street.
5. Upon closing of the sale, the City shall irrevocably dedicate to
the public for public �urposes only the area �iresently zoned ��P�� by
the Zoning Map of the City of Clearwaters Florida, 1952 which lies
north o� Calumet Street, east of North Fort Harrison Ave?�ue and sou�h
and west of the channel of Stevenson Creek�
No strings are or will be placed upon the application of the proceeds of
such sale by the City. If the �ity wishes, it may use such suw towards the pur-
chase of the submerged lan.cls lying south oi the causeway from Messrs. Billet and
4�illiams. I do point out that I offer to pay the City more than the City would
be allowed as a credit for the entire Stevenson Creeic area on a trade with Messrs.
Billet and 4Jilliams.
I respectfully request that the City act upon this offer within a reasonable
time.
DB�jm
Respectfully submitted,
�s� David Brown
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