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10/19/1953 ! :~~ ''';.,;.W",lo\ .,/ .,"'......... . ,! ! I .... ....;'..;\ . : . ~.' _ ,~, , .... ,I,: ''"' ..." .,,:, ,.....l,. ",. ':,";;;';1,:;;;:;;:/-11,: .. ,; ~ ",,,..,.~.,~,;,\.~~~:' :.c'~L:id"~'J~:"\'':d'':;!~,;jj;;~~;ji~~~$.I~:';~~,;;;/~:.,;:'~.:;;il 2. 1.1 tJ~~;/"""""~ ":';i"~ ---ft.' CITY COMMISSION MEETING October 19, 1953 The City Commission of the City of Clearwater met in regular session at City Hall, Monday, October 19, 1953, at 1:30 P.M. with the following members present: Herbert M. Brown W. E. Crown, Jr. Jack Russell W. E. Strang, Jr. John W. Bates):< Mayor-Commissioner COlflmissioner Commissioner Commissioner Commissioner .':<.::/', *Absent at fir8t of meeting. Came in later. .' - ", "~J " :.".\ Alao present were: ..... ....-.... ----- F. C. r.1idd] eton Chas. M. Phillips G. 'f. McC larr,ma S. Lickton C i t.)' f<1anager City Attorney Chj,ef of Police City Engineer The meeti~g was c~]led to order by the Mayor. The invocRtion was ~iven by Dr. R. J. Dauerty, rresident of the Pinellas County Ministerial Association. Commissioner Stran~ moved that the minutes of the meeting of October 5th be approved in accordance with the copies furnished each member in writing, subject to any corrections Mr. Bates might have to mRke. Motion was seconded by Commissioner Russell and carried un;),nimously. I;,;: ::;;,;,); ..,' \./.. ,"", t '.'. ','.' ji Y',{':",;, ;\,~;\;!.'" ~()5W(t;~~~k{>' ; ," "\:"""'^~"'" i!l'i~rl\' "';""-'.\" "~ef .':.'.,.,....4 ~~iJ*;%~%., "'::.::-.r.ii:f';:~1'! f;~~1i '~~l; .'f,f~. Commissioner Bates CAme in at this point -- 1:40 P.M. The Mayor announced the openine of bids for storm sewer pipe for the Greenwood Housing Project. The City Manager reported that the City has agreed to furni.sh this pipe and that he wi] 1 brine the joint. contract between the City and the Federal Government with reference to the hotlsine project and the tabulation of bids to the next meeting. The MAYOI' suggested that the Commission go out and look at the sewer and the open ditch it runs into which hRS been washing out a lot of property. He thou~ht it would be well to ~et more pipe and remedy the whole situation at one time. The MAnager a,c;reed with this su~gestion and said he would contact the low bidder to see if he would furnish the extra pipe. The bids were opened and read as follows: Sherman Concrete Pipe Co., Tampa Universal Concrete Pipe CO.t Tampa Pinellas Industries, Inc., St. Petersburg Armco Metal Products CO.t ~rlando Tri-State Culvert & Mfg. Co., Tampa $12,556.05 12,556.05 12,556.05 14,396.95 14,396.95 Commissioner Strang moved that the bids be ~iven to the Manager for recommendation at the next meeting. Motion was seconded by Commissioner Russell and carried unanimously. In announcing the bids for the swimming pool project north of the City Pier on the Gulf, the Mayor suggested that it might be possible to move the plans for the swimming pool to the eastward and by abandoning the street on the east, have enough room for the J. C. Buildin~ and the new building. The City Manager sug~ested that the area south of the J. C. Building and the street end could be used if desired. Mr. Wm. Goza, President of the Chamber of Commerce, addressed the Commission stating that they would be willing to work with the Commission in transferring the Chamber of Commerce facilities to the Marina Building. The City Attorney read the proposal from Mr. Fred Kleinmann and Mr. G. T. McKernan \~hich included the following: A lease for 20 years with a 15 year renewal option at an annual rental of $4,000.00 or 8% of gross for the plot just south of the J. C. Building. To erect a building to include: A. Restroom facilities B. Soft drink stand and snack bar C. Construction cost -- $25,000.00 After one year's operation, to build on the Chamber of Commerce plot a standard Olympic swimming pool; to pay annual rent for entire tract of $5,000.00 or 10% of gross. A. To spend $65,000.00 on construction of pool. Upon being questioned, Mr. McKernan stated they would also pay taxes on the property. The City Attorney read the proposal of Mr. Wm. Coon and Mr. Amos D. Smith which included a lease for 25 years on the property now occupied by the Senior Chamber of Commerce with an option of renewal for 15 years, the rental to be 5% of gross or not less than $300.00 per month, to build a pool at an estimated cost of $75,000.00, the building to include public toilets and a light refreshment stand. Mr. Smith and Mr. Coon also agreed to pay the taxes on the land. Commissioner Crown moved that the two bids be accepted for consideration by the Commission and that the Commission's answer be given at the next meeting if possible. Motion was seconded by Commissioner Strang and carried unanimously. 1. 2. 3. The Mayor announced a Public Hearing on construction of sanitary sewer, a 30 foot pavement and curbs on Franklin Street from Myrtle to Prospect and a 30 foot pavement and curbs on Pierce Street from Myrtle to Prospect Avenue. The City Attorney read a letter from Mr. J. Tweed McMullen, attorney for Mr. Harry Shepard, owner of Block 10, Aiken Subdivision, on the south side of Franklin Street, pro- testing having the paving done at this time. After some discussion, Commissioner Strang moved that the Public Hearing be adjourned to the next regular COlnmission meeting on November 2nd. Motion was seconded by Commissioner Crown and carried unanimously. The Mayor appointed Commissioners Strang and Bates and the City Manager as a Committee to confer on this matter. '!' . .. ..... ",' ',. 'I' ... J ~ I ..~ ~"..----., . ," ., '. .' . '" " . L . ~ . \, .... .' -. I ..' _ ~. ! 1 'I I ! i , ._.,;;,;.,~;,,~~,.,,".~:~"~.~,~:::~~l~::~::::~;J(~!'"~': " -2- CITY CO~1ISSION MEETING October 19, 1953 A Public Hearing was announced by the Mayor on constructing a 12 inch storm sewer from the corner of Devon Drive and Harnden Drive northerly to the existing storm sewer in Harnden Drive north of First Street and resurfacing Hamden Drive from Third ~treet to First Street and resurfacing Third Street from Hamden to Coronado Drive. The City Manager reported that at the preliminary hearing the. residents expressed themselves as being in favor of the project but wished it postponed until after the winter season; however, they desired some kind of temporary paving or repair work immediately. After some discussion in which the residents of the area participated, the Mayor su~gested that the City crews scrape the street and then put some marl on it. Having heard no valid objection, Commissioner Bates moved that the drainage and paving project on Harnden Drive area be approved and authorize the work to be started approximately next May 1st. Motion was seconded by Commissioner Crown with the amendment accepted that temporary relief be given insofar as practical. Upon the vote being taken, the motion carried unanimously. After discussion of other items, COlwnissioner Crown pointed out that the legal advertisement and the notices sent to the property owners did not mention curbing in the storm sewer and paving project ~or Hamden Drive and Devon Drive. The Mayor sug- ~ested that the approval of the project be rescinded and it be re-advertised in March or April. Commissioner Crown moved that the action with respect to the paving and drainage project in the Harnden Drive area be rescinded, that the project be not approved, and that it be scheduled ~or another public hearing in March, 1954. Motion was seconded by Com~issioner Bates and carried unanimously. The Mayor announced a Public Hearin~ on the request of Mr. ~~x Benbow to erect a detached garage on a separate lot (Lot 28, Block B, Second Addition to Sunset Point) in a residential area, the principal place o~ residence being on an adjoining lot (Lot 29). The City Attorney read the Zoning Board's recorr~enda- tion which was that the request be approved. Commissioner Crown moved that the arplication of Max Benbow to erect a detached gara~e on a separate lot be approved ir4 accordance with the recommendation of the Zoning Board. I.lotion was seconded by Commissioner Strang and carried unanimously. A Public Hearing was announced on the request of Mrs. Mildred G. Coates for a 10 foot building setback line on Aurel Street for Lot 6, Block 54, ~andalay, instead of a 25 foot setback line. The City Attorney r8ad the Zoning Board's recomnendation which was that the request be granted. Commissioner Crown moved that the application of Mildred G. Coates for 10 foot buildin~ setback on Aurel Street for Lot 6, Block 54, Mandalay, be approved in accordance.with the Zoning Board's recommendation. Motion was seconded by Commissioner Strang and carried unanimously. The Public Hearing on the re~uest of C. H. ~arlow for a 20 foot building setback on Lot 24, Block B, Avondale, was car.celled at the applicant's request. The Hayor announced a Public Hearing on the request of l>ir. Otis Angier for a zoning change of Lots 1-5, inclusive, Block B, Fairview Subdivision, from the present R-2 zoning to R-4 zoning. The City Attorney read a letter from Mr. Angier explaining that he had already built one multiple unit on his property and was planning to build another when the zonin~ was changed last December. He also pointed out in his letter that adjacent property in Block A facing on Drew Street is zoned R-4 now. The Mayor reported ~hat the recommendation of the Zoning Board was that the request be granted. Corrunissioner Russell moved that the request of Otis Angier for a change in zoning of Lots 1-5, inclusive, frota the present R-2 zonin~ to R-4 zoning be~ranted in accordance with the Zoning Board's recommenda- tion. Mot ion was seconded by COfllr:.issioner Crown and carried unanimously. A Public Hearing was announced on the request of Mr. James R. Roberts to change a strip of land 200 feet deep on the west side of Greenwood Avenu~ between Woodlawn Street and Kingsley Street from the present R-4 zoning to Busin~ss. The City Attorney reported that the Zoning Board approved the granting of this re- quest. Commissioner Russell moved that the request of Jarnes R. Roberts to change a strip of land 200 feet on the west side of Greenwood Avenue between Woodlawn ~treet and Kingsley Street from the present R-4 zoning to Business be approved in accordance with the Zoning ~oardts recoIrunendation. Motion was seconded by Commissioner Bates and carried unanim~usly. The City Attorney read Ordinance 645, the proposed Si~n Ordinance. GOlnmissioner Bates moved that Ordinance 645 be passed on its first reading. Motion was seconded by Commissioner ~trang and carried unanimously. Co~nissioner Bates moved that Ordinance 645 be considered on its second reading by title only by unanimous consent. ~;10tion \'/as seconded by Commissioner Strang and carried unanimously. The City Attorney read Ordinance 6~5 by title only. Commissioner Strang rnoved that Ordinance 645 be passed on its second reading by title only. ~ Motion was seconded by Co~nissioner Russell and carried unanimously. The City Attorney read Ordinance 645 on its third and final reading. Several amclndments were suggested by the members of the.Commission and were noted by the City Attorney. ~ornmissioner Strang moved that Urdinance 645 as amended be passed and adopted on its third and final reading. Motion was seconded by COlnmissioner Russell and car..ried unanimously. The Commission took under consideration the application of Mrs. Vincent Scurto for a sanitary sewer to service store buildings on property which belongs to her on the south side of Gulf-to-Bay Boulevard between Keene Road and Virginia Lane. The City ~ngineer estimated the cost of the project at $3,000.00. It was Mrs. Scurto's wish to pay $1,000.00 cash and have the balance of the assessrnent covered by a lien against ~he property which would entail conducting a Public tiearillg, adoption of an assessment resolution, etc. This proposal was not considered desirable by the City Commission. By consent, the matter was deferred to the next meeting so that the Seaboard Oil Company can be contacted relative to their paying part of the cost. .......,.., . ~._...,..t ..... '-"--_.~1"~"''t~i~J.~~,..t:t''i.;l1L,,:\-~>.....,..;.;t".,I'C ~- "/.:.',,' .' "--. --....-,..~. ',. ".: ;Iil~ :r;:(0~:t~tl~" I" j i I \ i I,::: ,,:' ""',: ' " \'.~:.Js~~~~~~;~:1";ti.:.L~~ ,^...:'~i ""w'" ,':.;.~.'. " " ;t '/-(, "'*\'~ .,~- ,~, ) '. . ",' ~\.#,....:.-- -3- CITY COMMISSION MEETING October 19, 1953 Consideration of proposed Ordinance 646, Annexation of Skycrest Terrace Subdivision, was deferred to the next meeting. The City Attorney read the proposed lease between the City and Johnnie Mae Williams for space for the Colored Library which would lease the building on Lot 1, Pennsylvania Subdivision, for five years at $75.00 per month. The Mayor suggested that the lease be amended to include fire insurance on the contents of the building only. Commissioner Crown moved that the lease as amended be approved. Motion was seconded by Commissioner Stran.; and carried unanimously. The Commission took under consideration the request of Mr. Donald Beath that the City establish a seawall line on his property on the south side of Water Lot One, City Park Subdivision, so that he may build his seawall where it would connect with and be a continuation of the City's seawall line when the seawall is built. The City Engineer submitted a sketch showing the proposed seawall line which would coincide with the seawall line proposed by Mr. Beath's engineer which the City Engineer had given his tentative approval. The Mayor suggested that the City Attorney be instructed to present a resume of procedure to use in establish- ing this seawall line and for the establishin~ of seawall lines in the future. The City Attorney said this mi~ht be done by having the City Engineer prepare maps of the City having the seawall lines shown on the map which would be adopted by ordinance. Commissioner Strang moved that this seawall line fronting this property on City 'lJater Lot 1 as prepared by the City Engineer be approved as owned by V~. Beath and others which basically consists of a smoothly curving line from a fixed property point at the base of the curve to the end of the existing seawall. Motion was seconded by Commissioner Bates and carried unanimously. The City Manager reported for the Committee investi~ating the offer of Gulf Oil Company to give part of their rroperty on the apex of the triangle on N. E. Cleveland and Drew Street to the City. He said the Gulf Oil Company had agreed to pave the portion of their property and then deed it to the City for street purposes. He stated that E. H. Holcomb, Jr., was doing the paving for the oil company and would remove the adjacent broken concrete pavement and dispose of it for $200.00 and replace it with asphalt paving for $300.00, leaving a nine foot circle around the power pole for planting and curbing it for $50.00. Commissioner Bates moved the acceptance of the Committee's report on the corner of N. E. Cleveland and Drew Street on the best arrangement that can be worked out by the City Manager but not to exceed the estimated cost of $550.00. Motion was seconded by Commissioner Crown and carried unanimously. The City Manager presented the plat of Nursery Park Subdivision, a part of Tract A, Suburb Beautiful, and recolmnended that it be approved. He pointed out that the str~ats adjacent to the new subdivision were alre~dy paved. Commissioner Crown moved that the plat of ~ursery Park Subdivision be approved in accordance with the City Aanager's recorrunendation. Motion was seconded by Commissioner Strang and carried unanimously. The Mayor reported having a request from Mr. W. D. Owens that a letter be prepared directed to the Army Engineers in Jacksonville saying that the City does not protest the building of groins on the south end of Clearwater Beach extending from Mr. Owens property. Commissioner Bates moved that the Commission co mpl)r with the request of Mr. Owens to notify the Army Engineers that we have no objections to the placing of the groin in the manner shown on this map. Motion was seconded by Commissioner ~trang and carried unanimously. The Mayor presented the proposed plans for the new Ball Park and estimated the cost at $350,000.00 and the seating capacity at 4,652. The City Attorney read a proposed contract with R. W. Spragins & Co., of Memphis, Tennessee, fiscal agents, in whi~h they agree to formulate plans of financing the ball park subject to the approval of the City Commission, their fee not to exceed 1.9% of the bond issue; this fee would also apply to any bonds for water extension, sewer extension, storm sewer facilities, annex to the City Hall or other improvements for a period of eighteen months. It was pointed out that if the City signed the contract for the eighteen month period and no new projects were financed by bonds or revenue certificates, the City would pay only the 1.9% fee. Commissioner Crown inquired if it would be possible to accept Mr. Spragins proposal with the provision that if the City hired any other fiscal a,;ent to do any other work in the next eighteen months that Mr. Spragins would be paid the dif~erence between the 1.9% fee and the 2.4% fee. Mr. Wendell Spragins said that would be satisfactory. Commissioner Russell moved that the Commission employ R. W. Spragins & Co. as its fiscal agent for building the ball park according to the proposal as amended, and that the proper officials be authorized to execute the contract.. Motion was s'econded by Commissioner Bates and carried unanimously. ~~. Spragins' proposal is set forth in the following pages of these minutes. The City Attorney presented a statement for $650.00 from Robert W. Wilson for his services in connection with appeals pending in Circuit Court at the time of his resignation. Commissioner Strang moved that the bill be paid. Motion was seconded by Corrmissioner Russell and carried u~animously. The City Attorney presented a statement for $750.00 for partial payment for his services in connection with the Kerekes - Nelson suit. Commissioner Strang moved that the bill be paid. Motion was seconded by Commissioner Russell and carried unanimously. There being no further business to come before the Commission, the meeting was adjourned at 6:05 P.M. ! 1 I I ,1 l . i . ! ~ Mayor- omIll ss r " "1- c;i,N'i';~f",':;'~~ '\d,~\~r~~,.,~:~,;~7~:;~?7;:0~?i~t:,~~,~'':P'f.t::~~'<><~::':0\B'8:s::}~}r~~&~i/;:~~ii;1i"~t;,, /i.,' : " ! " ' '. ..'. ... '/""1.'. I I I , ..' .'.' ,., ..' ~. ", i' .. .: : ',' . ' . : " ~ :~~~[t"~~~~~~.j~~~~~; t.:>^;.;~...... '..,.,,:~~..:: . , , " '.' _..". .:... .'~" .,H'''''' .... ...:~'~'':':'".~~! ',.-:-~:;'-~:"::::~-_:""'~., _:.:, ..'..,.. , ' ' . ,..,~ ", ,,~..,... ,:. ~'.... _.; ~ .'. ;. ".' .., ". 4'.. . " CITY COMMISSION MEETING October 19, 1953 1-1ayor-Commis 51 oner Herbert M. Brown Commissioners: W. E. Crown, Jr., Jack Russel) W. E. Strang, Jr., John W. Bates October 16, 1953 Gentlemen: The Re~ular Meeting of the City Commission will be held in the City Hall Auditorium on Monday, October 19, 1953, at 1:)0 p.m. Items listed on the attached agenda will be diHcussed at this time. Very truly yours, /5/ F. C. Mjddlet0n City Manfl.~er FCM: s Enclosure --------------------------------------------------------------------------------- " Agenda - City Co~nission MeetinG of October 19, 195) City Hall Auditorium 1:)0 p.m. 1. Invocation, Rev. J. S. Dauerty, Pres. Pinellas County Ministerial Association. 2. Approving the minutes of the re~ulAr meeting of October 5, 1953. 3. Opening of bids: A. Storm Sewer Pipe for Greenwood Housing Froject. B. Lunchroom in Marina Rui],ding. C. Swiffiming Pool Project North of City Pier on the Gulf. 4. Public Hearing with reference to pavine and sanitary sewer on Franklin St. and Pierce St. between Frospect and Myrtle Avenues. 5. Public Hearing on resurfacine and draining of Harnden Drive Area. 6. Public Hearing on the request of Max Benbow for permission to erect a detached garage on a separate lot (Lot 28, Block B, 2nd Add. to Sunset Pt.) in a residential area, the principal place of residence being on an adjoining lot. 7. Public Hearing on the request of Mildred G. Coates for a 10' building setback line on Aurel St. for Lot 6, Block 54, Mandalay, instead of a 25' setback line as required by the Zoning Ordinance. 8. Public Hearing on the request of C. H. Marlow for a 20' building setback line at 1710 North Greenwood Ave. (Lot 24, Block B, Avondale) to conform with existing buildings. 9. Public Hearing on request of Otis An8ier for a change in zoning of Lots 1-5 inclusive, Block B, Fairview Sub., from the present R-2 Zoning to R-4 Zoning. 10. Public He~rin~ on the request of James R. Roberts to change a strip of land 200' deep on the west side of Greenwood Ave. between Woodlawn St. and Kingsley St. from the present R-4 Zonine to Business. 11. Commission's consideration of: A. Ordinance ff645, Sign Ordinance. (City Attorney) B. Ordinance #646, AnnexAtion of Skycrest Terrace Subdivision. (City Attorney) C. Lease between the City and Johnnie Mae Williams for the Colored Library. (City Attorney) D. Sanitary Sewer to property owned by Mrs. Scurto at Gulf to Bay and Keene Road. E. Location of Seawall line of Beath property, Clearwater Beach. F. Report by Committee on N. E. Cleveland and Drew St., Gulf Oil Property. G. Approval of plat for Nursery Park Sub. owned by Horace and Alice Mae Roberts. H. Proposal from Mr. Willis D. ~~ens with reference to groins on south end of Clearwater Beach. I. Work Order covering traffic signals for intersections of Cleveland St. at Osceola Ave. and Garden Ave. J. Ball Park Plans and employment of Fiscal Agent. 12. Utility Improvements. 13. Lot Mowing Applications. 14. Any other item not on the agenda trill be considered with the consent of the Commission. Adjournment. ---------~------------------------------------------------------------------------- The Hon. Francis Middleton, City Manager City Hall Clearwater, Florida Dear Francis: Octoher 16, 1953 I am writing you at the request of Mr. Harry W. Shepard, the owner of the following described property here in Clearwater: All of Block 10 of AIKEN'S SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 14, page 45, public records Pinellas County, Florida. Mr. Shepard has been advised that there is a movement under way to have the City pave Franklin Street between Myrtle and Prospect Avenues. You will note that the above described property is bounded by Franklin Street on the North and lies between Myrtle and Prospect Avenues. Thus Mr. Shepard owns 50% of the property which would be affected by this paving. (Continued) ~', " . i' , ',' ," 'l' "/ ' ~' , , 1-" . '. '.f'.' ~ .. . ,., ,'. '.J: 1..:.... 1\.... ,~...:,.: \i;i:,;,~,~,~:'~'.~~~';"'~(:<':,:.:~.~~~!~:(' ,." '.' .. 'Y. ,,':~ ~. ~',l" ":_';" _ ~.'~ '. :.. ,. ,.,.. :'..J .' ; .'" :".. ... :. ,,'., ,...: '. ..... ,f '~'" . . '.,. . .':'lit1 ;'N:..... '::'...' .l.:........! 1..:~;::.,,;.;..'.; \j..! t~\: :i.~W~1:!;~-{r~~;.:.;.~.):::\:..;~~;.~ " .~f f\l~ ...l.~!'~..tf ,.t.!' .:f. .~' ~l;[,?~~!i ',~.:;'if\::L,:::,;:::}~) :;~ "';\:?;,:f':{~-:::!:,j::.:}t-'~<"~~' '" \"" I '>~\:\:::.,':ii):,_:. -:,,'1 ~ :~({;~\:{:,::;::":;:,, CITY COMMISSION MEETING October 19, 1953 (Continued) Mr. Shepard is not in favor of having this paving done at this time, and wishes to take this means of lodgin~ his protest. Since Mr. Shepard owns one-half of the property affected, it is our understanding that the City would not be inclined to make such :improvement over his objection. In spite of this formal protest, if you feel it essential that Mr. Shepard or his representative be present at the public hearing, I shall appreciate it very much indeed if you will ~ive me a call. Yours respectfully, Hand Delivery JTlv1/ a CC: Mr. Harry W. Shepard /s/ J. Tweed McMullen -------------------------------------------------------------------------~---~-- September 4, 1953 Mr. Oliver Anderson Building Inspector City Dear Sir: I am enclosing a rough sketch (not to scale) of my present house and garage arrangement, also showing the location of a proposed garage and screened area. I will be most appreciative if you would brin~ this matter to the attention of the Zoning Board and/or the City Commissioners in hopes of receiving favorable action on a building permit for the proposed structure. Yours truly, /s/ Max Benbow 1112 Cardova Lane ------------------------------------------------------------------------------- September 18, 1953 To: From: Subject: F. C. Middleton, City Manager O. H. Anderson, Sec'y. Zoning Board Request of Max Benbow to erect a garage on Lot 29, Block B, 2nd. Add. to Sunset Point Subdivision. The Zoning Board of the City of Clearwater recorr~ends that the attached re~uest be approved. Attached herewith is the Board's recommendation alon~ with Mr. Benbow's request. October 2, 1953 To: F. C. Middleton, City iJianager From: O. H. Anderson, Sec 'y'. Zoning Board Subject: Request of Mildred G. Coates (Hardship) At the regular meeting of the Zoning Board held Thursday evening, Oct. 1st. a motion was made and carried that the re~uest of Mildred G. Coates asking ror a ten foot building setback line instead of the regular twenty five feet on Aurel Ave., Lot 6, Block 54, Mandalay Subdivision, under the hardship ruling, be granted. Attached herewith is a petition signed by Mrs. Coates giving her reasons for this request. -------------------------------------------------------------------------------~-- Mr. John K. Batstone, Chairman Zoning Board Clearwater, Florida Gentlemen: September 21, 1953 Along the middle of 1952, I purchased lots 1, 2, 3 and 4, Block B, Fairview Subdivision, Drew Street, Clearwater, Florida. This property was zoned R-2, which permitted construction of multiple dwelling units, and on September 1st I started construction of the first building of a proposed 28 unit set up. This first building was opened for occupancy on January 1st, 1953 under the name of "FAIRWAY" APARTMENTS. Subsequent to the purchase of lots 1, 2, 3 and 4, I purchased the East 110' of Lot 5 on which a garage was constructed, built strong enough to later on carry four garage apartments on the second floor. At some time, and I do not know the date, the zoning regulations in the City or Clearwater were changed and, although this property remained R-2 zoning, ~-2 zoning became an area in which duplexes could be built but not multiple units. (Continued) >,' -~,_......~--'- '\ 2- tf g>' , ' , ,'" i, ! . I I- ! : , ' . ',<.,,", ',; < .'-,','r~"i":)' ';""-:," . !" r ": .A, . ,~ "~:~/J2f ~. ;~f!l~rl~~11 ':" '\',"<".,"\< ',,,, ,'; '''', ~ ': :~);f.,;::~~~:/;',:~\::,;:kti~,~::;':, '11) '.;, '.,' "..J, , "', '...~,',' ,., .,~""" 'i i~'\I~;1~'fr~;1 ,.... .,.."""..1 ~~ :-. \, . .1' , ,'" .....J . .1'''::'.-.:. "':' ",.,' .~: . ,;", ".'..'..' ".,'f_'." ~ .. , "",: '... _".~. ~"::':A.;.:"~':ic~~::~~::.,::~~::~~~~~::~l~::t~J!!!7J;~ CITY COMMISSION MEETING October 19, 1953 (Continued) However, that area West and up to the West side of Evergreen Street was changed to R-4 zoning and the area in which I am located, which runs East from Evergreen Street, remained R-2. I have never been able to understand why because the apartment building that I have now was already built and therefore was in R-4 territory, but yet the territory was zoned R-2. I hAve plans here that show the original lay-out of 28 units, which necessitAtes the buildine of another unit simil::lr to the present "FAIRWAY" A.PARTlv1ENTS, cHid two more gara~es similar to the one already built with 4 units above each one of the ~arR~es. These plAns were drawn up in 1952. I request, therefore, that lots 1, 2, J, 4 Rnd 5 in Block B of FRirview Subdivision he chan,~ed to R-4 so that, .from time to t irne, additional uni ts can be put up to eventually approach the 28 unit total shown on the original plan, which can be done with an R-4 zoning, but cannot be done with an R-2 zonins, but yet could have been done with the old R-2 zoning. ',;, ,\.. 'y ',' j.,I,' ':':,:,:".:\l Appreciatine any coopel'ation that you can !jive me in this respect, I remain... Sincerely yours, Otis An~ier !mmro "FAIRWAY" AP ARTr.iENTS /s/ Otis Angier Owner - ManAger ---------------------------------------------------------------------------------- To: From: Subject: October 2, 1953 F. C. Middleton, City Manager O. H. Anderson Request o.f Otis Angier - Fairway Apartments At the regular meetine of the Zoning Board held Thursday evening, October 1st. a motion was made and carried that the request of Otis Angier askin~ .for a change of zoning of Lots 1, 2, J, 4 and 5, Block B, Fairview Subdivision, from the present R-2 (ReSidential) zoning to R-4 (Residential) under the hardship ruling be granted. The Board feels that a hardship was caused by the new zoning change as noted in Mr. Aneier's attached request. ------------- ------------------------------------------------------------------- To: From: Subject: October 2, 1953 F. C. Middleton, City ~anager O. H. Anderson, Sec'y. Zonin~ Board Request o~ Mr. James R. Roberts Inasmllch as the City Commission ~elt that ~tr. Robert's request for the re-zoning of his property on the N.W. Corner of Woodlawn St. and South Greenwood Ave. was not a matter for referendum but should be handled as a hardship case, the Board hereby approves the request of the petition under the hardship ruling as follows: The strip of property 200' deep on the West side of Greenwood Ave. between Woodlawn St. and Kingsley St., be changed from the pr8sent R-4 zoning to Business zoning. The Board is making this recommendation due to the fact that the area on the opposite side of the street is now zoned Business and the zoning of this area to R-4 (Residential) was in error. ---------------~---------------------------------------------------------------- . ~ r > ~..i'_.':":.':'\.. :"~ ~~:~.f~~~t/qr!.J.~~~~:.~;;l~~~.~. :1,;;,',1,' ~:...; .,;.~",;; ~ .:~~, . ~.,:v~'" ," I "0., ~I.,i.~ ',. '. , "~i1'!~~!~F:;~;i~1~2;;LL . .. . " . ,.."" 0> . _...d , . 'u"r._ .<<. _"'_ ...'" . , :. ~'l . 2-50 CITY COMMISSION MEETING October 19. 1953 CONTRACT Honorable Mayor and City Commission City of Clearwater Florida October 20, 1953 Gentlemen: As a result of your consideration of my former proposals at yoUr meeting on Monday, October 19, 1953, we submit the following proposal Which, we understand, is in conformity w1th your expressed intentions. We, R. W. SPRAGINS & COMPANY, hereinafter called the "Bankers", and the CI~Y OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter called the "City", hereby mutually agree as follows: 1. The City agrees to employ the Bankers to formulate and submit to the City a plan of finanCing the installation of a new ball park, which project shall proceed without undue delay. In regard to all projects undertaken during the term hereof, the City will furnish to the Bankers all information requested by the Bankers to determine the feasibility of all aspects of the programs and the type of financing most appropriate to the purpose. 2. The Bankers will pay all of the expenses necessary for the issuance ot the bonds and revenue certificates, including the cost of the opinion of a nat1on~lly recognized fi~ of bond attorneys, the printing of the bond and revenue certificates, and all other expenses incident to their issuance, including all expenses entailed by the Bankers in connection with their services to be rendered to the City; provided, however, that the City shall pay its own attorney or attorneys for services rendered to the City in connection with all projects undertaken during the term hereof. 3. The bond attorneys will work hand in hand with the City's attorney and prepare all of the ordinances and other legal proceedings necessary tor good delivery of the bonds and revenue certificates. 4. For the services and expenses hereinabove set forth for the ball park project, the City agrees to pay to the said Banker a tee not to exceed 1.90 per cent of the total amount of bonds and revenue certificates issued for said pro- ject. All fees to become due to the said Bankers shall become due not prior to, but simultaneously with the issuance and delivery of said bonds and revenue certi~icates to the respective purchasers thereof; and when said fees shall have been paid to the Bankers, the City is relieved of all obligations to the Bankers. If, during the term of this agreement, the City uses the services of any other fiscal agent or banker on any program other than the ball park, then the fee of the Bankers for the ball park project shall be 2.~O per cent instead of 1.90 per cent as hereinbefore set forth. This adjustment of the Bankers' fee is made for the reason that the fee of 1.90 per cent is quoted by the Bankers in considera- tion o~ and anticipation ot the rendering by the Bankers of other services to the City during the term of this agreement. S. The City is not obligated to issue any bonds and revenue certificates, nor is it obligated to any type of financing unless the City approves the type o~ ~inancing, the feasibility and advisability of the project or projects mentioned herein, and also approves the interest rate which the bonds and revenue certifi- cates shall bear and the price at which such securities are sold. 6. It is expressly understood that during the life of the agreement the City can abandon either one or allot the projects herein mentioned and by the abandonment of the projects the City is not obligated to the Bankers for any expenses entailed by the Bankers. 7. The City is presently contemplating additional projects in the nature o~ facilities to obtain a permanent source of water supply, extension and renovation of the City'S water distribution system, sanitary sewer extensions, sto~ sewer facilities, an annex or addition to the City Hall, and other needed improvements. '8. The term ot this agreement is for a period of Eighteen (lS) Months from tbe 19th day of October 1953; provided, however. that this agreement does not obligate the City to undertake any projects or to issue any bonds or revenue certificates during the term hereof, unless said projects and issues shall first be approved by the City Commission of the City. '>.' ',', 1., ! " 'oJ,.;,.::.; IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 20th day of October A. D. 1953. Witnesses as to execution by R. W. Spragins & Company, a sole proprietorship: /.sl Corrine Wilkinson 'Ie/ Jean Joiner Attest: lei H. G. Wingo City Auditor and Clerk W1~nesaes as to execution by City lal Lucille B. Bell /s/ Beryl F. Sydnor R. W. SPRAGINS & COMPANY, A sole proprietorship By /s/ R. W. Spragins CITY OF CLEARWATER, FLORIDA By /s/ F. C. Middleton City Manager Countersigned: By /s/ Herbert M. Brown Mayor-Commissioner of Clearwater: " :"', ,~ ,":. ' . ';' ~:: ',,:.....,,: ,..::.. .~ .::~; ~;: ;~::, ./ ": t.;.'; '. :" ',.\.::_.. .:. ; '.j; ::~~,;.!,~ ;'~.'.::,..., :~:', :.: ..: .~~' :.....: :. :.:,:, .: '. ORDIIAJiCB 10. 61.5 AN ORDIIARCE REGULATING AND PROHIBITING THE ERECTIOI, USE AID MAX.- TEIANCE OF SIGHS WITHIN THE Cl'l'I LIMITS OF THB CIn or CLEARWAfIR, PIHELLAS COUNTY, FLORIDA; PROVIDING DEFINITIONS; PROHIBITIIO COMMERCIAL ADVERTISING SIGNS, AS DEFINED HEREIS, EXCEPT AS PROVIDED HEREIB; PRO- HIBITING SIGNS 01 PUBLIC PROPERTY EXCEPT AS PROVIDED HEREIHi REQUIRIRO AND PROVIDING FOR PERMITS FOR SIGNS; PROHIBITING BEACON SPOT AMD FLOOD LIGHTS EXCEPT AS PROVIDED HEREIN; PROHIBITING THE UNLAWFUL ERECTIOI AID MAINTENANCE OF AliI WRITTEN SIGN ON OR ABOUT THE OUTSIDE OF AID 01 THE GROUNDS OF ANY HOTEL, MOTEL, APARTMENT HOUSE, ROOMING HOUSE. MOTOR COURT, TOURIST C~~P OR TRAILER CAMP. RELATING TO RATES CHARGED TO GUESTS; PROVIDING FOR THE ERECTION AND MAINTENANCE OF SUCH WRITTEI SIGN lli T HE OFFICE AND ROOMS OF ANY HOTEL, MOTEL, AP ARTl4ENT HOUSE, ROooIO HOUSE, MOTOR COURT TOURIST CAMP OR TRAILER CAMP; PROVIDING FOR MOTEL SIQ~S AND ACTIVATED SIGNS; PROVIDING FOR THE SIZE OF SIONS; PROVIDING CERTAIN EXCEPTIONS FROM THE PROVISIONS HEREOFl PROVIDING Foa REPEAL or ORDINANCES IN CONFLICT HEREWITH; PROVIDIIG FOH SEPARABILITY or THE PROVISIONS HEREOF; PROVIDING PENALTIES FOR THE VIOLATIOI OF THE TEWKS OF THIS ORDINANCE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDIIA.CB. BE IT ORDAINED BY THE CIn COMMISSION OF THE Cln OF CLEARvlATER, FLORIDA: SECTION I. This Ordinance shall be known and cited as "The Sign Ordinance" of the City ot Clearwater, Florida. SECTION II. DEFINITIONS: For the purpose ot this Ordinance, certain terms and words are hereby defined as tallows: Activated Si~:- Any sign of which all or any part thereot revolves or moves in any fashion whatsoever, and any sign which contains or uses tor illumina- tion any light, lights or lighting device or devices which change color, flash or alternate, or change the appearance at said sign or any part thereof automatically. Beacon Li~ht:- Any light with one or more beams, capable ot being directed in any direction or directions, or capable of being revolved automatically, or capable ot having any part thereof revolve automatically. Commercial Advertisin~ Si~n:- Any structure, display board, billboard, poster board, bulletin board, screen, surface or wall, with characters, letters or illustrations placed thereto, thereon or thereunder, by any method or means whatso- ever, where the matter displayed would be used for any purpose other than that of advertising to the public the legal or exact firm name or the name of the business carried on therein or thereat, or for advertising any service or product or products actually and actively being oftered for sale therein or thereon, and shall not include street or directional signs, owner identitication signs and point of pur- chase signs as defined herein, or real estate signs as defined herein. Owner Identification Si~:- Any structure, device, display board, screen, surface or wall with characters, letters or illustrations placed thereto. thereon or thereunder, by any method or means whatsoever, Where the matter displayed 1s used only to indicate to the public the legal or exact firm name or the character of the business carried on therein. Point of Purchase Si~:- Any structure, device, display board, screen. surface or wall, with characters, letters or illustrations placed ~hereto, thereOQ, or thereunder, by any method or means whatsoever, where the matter displayed is used for advertising a product actually or actively oftered tor sale thereon or therein. Real Estate Si~n:- Any structure, device, display board, screen, surface or wall, with characters, letters or illustrations placed thereto, thereon or thereunder, by any method or means whatsoever where the ma~ter displayed thereon shall be used solely for the purpose of offering tor sale, for lease, or for ren~ the exact property on which sign i8 placed. SniBe Si~n:- Any small sign ot any material, including paper, cardboard, wood and metal, when such sign is tacked, nailed or at~ached in any way to trees or other objects. Street or Directional Si~:- Any sign having the purpose of giving instructions as to the location of a place, even~ or meeting within said City or the direction thereof trom the sign location~ .o~ice:- Where notice is required by this Ordinance to be given, it may be given actually or by deposit ot written notice in the mail to the last known address of the person required to be notiried, or by advertising in any daily newspaper regularly published in the City of Clearwater tor two (2) con- secutive publication days. Person:- Shall include corporate and other legal entities, their officers, representatives and agents. SECTIOI III. OENERAL PROVISIONS. (1) That hereafter Snipe Signs except when used as Real Estate Signa aa defined herein, Sidewalk or Sandwieh SIgns and all other signs not specifically defined or provided tor herein, shall not be permittod within the City of Clearwater , .xcep~ when said aigns are located upon private property at the point ot purchase. _.- .....:;'! ~::r' .~~.:,:~,~,l~~!~t~/ 25/ ," \"i;,,,,";,,",,.,\.t~1J .;:!,l~l\~~~~i~",'il' ~. , ,,'\, '''",'",." 1 ,'. )l'l~j!~!f;i.!ft;j ~ , , " .;. :-. , "'~~'. ,":. '." ..., ':-: :i. . ": ' J.. >~!:,' .:.... .~,~!', ,I:~." ./.~f:::'~~~;~~~~::7:~?~:'l~t?~~~~:. (2) No person shall pa1nt, paste, print or nail any banner, s1gn, paper sign or any advert1sement or notice of any kind whatsoever, or cause the same to be done, on any curbstone, flagstone, pavement or any other por~ion or part of any sidewalk or street, or upon any tree, lamp post, telephone or tele- graph pole, hydrant or bridge within the limits of any street or public rigbt-o~- way within the City of Clearwater; provided, however, that this section shall not apply to regular notices required by law to be 80 posted. (3) That all signs located in compliance with this Ordinance shall first be constructed or erected in compliance with the Official Building Code ot the City of Clearwater. (4) Mo flashing or activated signs shall be permitted in R-l, 1-2, R-4, or R~ Use Districts. (5) No sign shall be constructed or maintained of which all or any part causes static electricity or otherwise interferes with radio or television reception. i\' :.\!! :~:i~{ 1,:;~tJfJ!~~; I ,\ "",/,"", r'" ':'~>i'::": " .'. .'1 . ~ "j{.' .. !;~'ii~i1~ ~ ",' :::~:;.':';:.:~:.:~~<' --ff'I' --..._~ __ _ (6) No spot, beacon, or flood light shall be permitted in any area within the City or Clearwater, except where such beacon, spot or flood light is non-revolving and in a fixed pOSition, and when said light shines only on the owner's premises or signs and away from any street or roadway. (7) Commercial Advertisin~ Si~ns: (a) That hereafter no Commercial Advertising Sign shall be permitted in any residential district which includes "R-l" Residence District, "a-2ft Duplex Residence District, "R-4" Multiple Dwelling District, and "R~" Multiple Dwe1ling District and Limited Business District, as defined in the City Zoning Ordinance. (b) That no Commercial Advertising Sign shall her~arter be constructed in a "B" Business District as defined in the City Zoning Ordinance, until a special permit therefor bas been obtained tram the City Commission ot said City. Be~oregranting the application for such a permit the City Commission shall consider the recommendations, either favorable or unravorable, of the City Zoning Board, and the effect such a sign w~ll have on the public health, mora1s and safety in the particular location requested. (c) That Commercial Advertising Signs now existing shall not be materially or substantially altered or repaired unless a permit as provided in SECTION III (7) (b) hereof i8 first obtained. (d) 1. Persons desiring a permit for the construction or Commercial Advertising Signs shall first exhibit to the Building Inspector of the City of Clearwater valid ti~le to or lease upon the lands on which they desire to erect said sign or signs. , 2. All Commercial Advertising Signs must be at least six (6) teet from any existing or hereafter constructed building, 3. All Commercial Advertising Signs must be at least fifteen (15) feet from any street line and fifty (50) teet from any street intersection. 4. All Commercial Advertising Signs must be so erected that they will not constitute a traffic or other hazard or be an eye-sore. 5. All Commercial Advertising Signs must be erected or fire- proof materials of such strength as to resist a pressure of thirty (30) pounds per square inch. 6. The advertising area or all Commercial Advertising Signs shall not be more than three hundred (300) square feet in area. (8) Permits for Street and Directional Si~s. Owner Identification Si~8, and Point of Purchase Si~ns. No sign except Real Estate Signs, as provided herein, shall be erected within the City of Clearwater without, a permit therefor rirst having been obtained trom the City Building Inspector. The City Building Inspector is hereby authorized to issue permits for the erection of Street and Dlre~tional Signs, Owner Identifi- cation Signs, and Point of Purchase Signs under and according to the following conditions; Real Estate Signs may be erected without permit according to the following specifications. (a) Street and Directional Signs shall not exceed four (4) square feet in area; Real Estate Signs shall not exceed six (6) square feet in area; and no sign of any nature or kind whatsoever shall exceed six (6) square teet in area when located in an i-lor R-2 Use District; all of the foregoing signs shall' be of a reasonable size and design with due regard to their pur- pose, proposed location and 'the traffic and safety conditions existing thereat; any of the foregoing signs having an area in excess ot the areas hereinbefore set out shall be classified as Commercial Advertising Signs and shall be subject to regulation as such. '\ :,'",'.. ,.' -'0<.. ....;. ~:._' ...,' ;:....:..:......~..:;"';}._>. '._' ...~..' ..)...... ,\'~, (b) A writ~en application for each such permit shall be filed with the Ci~y Building Inspector indicating ~he size, ~ypa and design ot the desired sign and its proposed location with particular regard to street and right-of-way lines. (c) The ~1ty Building In8pec~or, ~th the approval of the City Manager, may issue permits for signs to be located upon public property, where the applications therefor comply with the provisions or this Ordinance. (d) The City Building Inspector shall cbarge and collect for the use of the City, a reasonable permit ree tor al~ signs, except Real Estate Signs, said fees to be in the amount which may be, trom time to time, es~ablished by the City Commission ot the City or Clearwater, Florida, by resolution. (9) Location of S1~ns Within or Upon Public Property and Bi~hts-o~-Way PrQhibi~ed. Excep~ions. (a) That except as provided herein, no sign shall be located in or upon any np~, Public District, as defined in the C~ty Zoning Ordinance, or in any street or railroad right-of-way, except upon specific permission ot the City Commission therefor either by lease or by resolution. (b) That this Section shall not prevent any operating railroad rro~ placing traffic signs which are necessary and proper in ~he operation ot said railroad. (c) That this Ordinance shall no~ prohibit the erection of reason- able and necessary street and directional signs by the City of Clearwater and State and Federa1 authorities. (d) That this Ordinance shall not prohibit the location of street and directional signs ~hen a permit thereror has been secured as hereinarter provi4~ed. (10) Signs at Locations Where Buildin~ is in Pro~ess. fbis Ordinance shall not prevent the erection of one sign on property where building is actually in progress under a current building permit. This sign may be large enough to include the names of persons performing labor or supplying materials to the premises, and such sign must be removed before the Certification of Occupancy, as defined in the City Zoning Ordinance. snall nave been issued by the City Building Inspector. (11) Removal of Ille~al and Deteriorated Si~ns. Should any sign exist in the area wnere such signs are prohibited by the provisions of this Ordinance a~ter the eEfective date hereOf. or shou1d any sign deteriorate so that it no longer complies with this Ordinance. the City Building Inspector is hereby au~horized and directed to remove such sign from said prohibited area. SECTIO~ IV. It ,sball be unlawful ~or any person, firm or corporation who owns and operates. or has control of the operation, or manages any hotel, apartment nouse, rooming nouse, motor court, tourist camp or trailer camp_ to erect, maintain and display on or abou~ the outside and on ~he grounds of any such hotel, apartment house, rooming house, motor court, tourist camp or trailer camp, any written sign ~hereby setting forth or advertiSing the rates charged to its guests tor the rental ot rooms, apartments, trailer space or any other accornmodation provided tor and available at such hotel, apartment house, rooming house, motor court, tourist camp or trailer camp. SECTION V. Any such person. firm or corporation who owns and operates, or has control or the operation, or manages any establishment ~hat provides accommo- dation to guests as enumerated and described in SECTlOR IV hereor, may erect, maintain and display any ~itten sign setting rorth and advertising the rates cnarged to its guests, in the office and roo~s of any such hotel, apartment house, roo~ng house, motor court, tourist camp or trailer camp; providing, however, that any such writ~en sign, when erected, main~ained and displayed in the otfice and, in the rooms of any hotel apartment house, rooming house, motor court, tourist camp or trailer camp, shall be constructed, erected. maintained and displayed in such a manner and shall be of such a size not to be conspicuous to and visible from the ou~side o~ any such hotel, apartment house, rooming house, motor court, touris~ camp or ~railer canp. SECTION 11. It shall be the duty of the City Building Inspector to administer and enEorce the provisions of this Ordinance. the same to be done in conjunction with the Building Code of the City of Clearwater. In case or a conflict between any ot the provisions of thts Ordinance and t.hose of the Building Code, in a giyen instance, the more restrictive of ~he two shall govern. the City Commission is hereby constituted a Eoard of Adjustment and Appeals to hear and dispose of all appeals from rulings of the City Building Inspector under tib.is Ordinance. Per SOilS , firms or corporations desiring to appeal any ruling of the Building Inspector shall so notity tbe City MBnager or the City o~ Clearwa~er in ~1ting w1~h1n twenty (20) days aEter s~ch ruling has been made. 'r""I%,~~l:...~,!:~"''''-Y,. . ..~......- H -, 253 ,: " "/' I~ ~~ :\~;:i;\;~' ,,' .i:~,?f~::: !~;~JI~f;Jlt(( t : ',":,:,,-:' , } .' ~. "," . , !o 'I,. },,:':, t ~,~'~~, '::; \' I " .' I ". ,.)..... , " ", " . ',~f~!~~~:;~n:~1~~~~: ):,~.~~,t~:;1j:~~l;:}~~;}!?~ > "~~;,~~~:;:~:~?::: .Y~~i;~~:Z~it:~;~~'~~~E_'~~f.~t;!;1;~~~~i\;~~.jY?~::'::;f':~f:?;~/.;:~~.;~:~~~~;~ '"'I".:~1\l{;\~"J.';:4r~~_+:~Ii:'~~",~~~:w~ " "....~......, ...~ . ,.....',).... ~. .~ ~..f' ,_..~ .."" .~~,~..;::,~..,.,r. '. ' SECTION VII. All Ordinances or parts of ordinances in conflict herewith or inconsistent with the provisions ot this Ordinance are hereby rGpealed. .,.-.... SECTIOR VIII. Should allY sectiOD. paragraph. sentence, phrase, clause or other part or provision of this ordinance be declared by any Court to be inyalid, the same ~hall not aflect the validity ot the Ordinance a8 a whole, or any part thereof, 'other than the part declared to be invalid. ' SECTIOR II. Any person or persons, firm or corporation or association o~ persons, who shall violate or fail to comply with any ot the terms or provisions or tbis Ordinance shall, upon conviction in the Municipal Court, be tined DO~ exceeding the sum ot Two HW1dred (.200.00) Dollars, or imprisoned in the City Jail tor not exceeding sixty (60) days, or by both such tine and imprisonment in the discretion ot the Municipal Judge. Each day that a violation is permitted ~o exist shall constitute a separate otfense. SECTIOI X. This Ordinance shall take ef'tect immediat;ely upon its paosage,. " ' , , , I" ," J " PASSED OR FIRST READlla PASSED 01 SECO.D READIIO PASSED ON THIRD AND FINAL READING AND ADOPTED October 19, 1953 October 19, 1953 October 19, 1953 /s/ HERBERT M. BROWl, Mayor-Commissioner Attest: /s/ H. G. WINGO City Auditor and Clerk ~ .' .. , � �„ `�., � CITY CONIIJIISSION MEETII�G October 19, 1953 The City Commission af the City of Clearwater met in regular session at City Hall, Monday, October 19, 1953, at 1:30 P.M. with the followl.ng members present; Herbert M. Br�wn W, �, Crown, Jr. Jack Russell W. E. Strang, Jr. John W. Bates�'� Mayor-Commissioner Corrumis sioner Commissioner - Commissioner Commissioner �'FAbsent at first of ineeting. Came in later. Also present.were; Fo C. Middleton Chas. M. Phi]lips G. T. McClarr.ma S. Zickton City Manager City Attorney Chie£ of Police City Engineer The meeting was call.ed to order by the Pdayor. The invocation was �iven by Dr. R. J, Dauerty, �'resident of the Pinellaa County Ministerial Associatior�. Commissioner Strang moved that the minutes of the merting of October Sth Us approved ir_ accordance with the copies furnished eacki member in writing, subject to any correctzons Mr. Bates might have �o make. Motion was seconded by Commissioner Russell and carried unanimously. C�mmissioner Bates came in at this point -- 1:t�0 P.M. The iviayor �nnounced the openin�; of �ids for storm sewer pipe for the �reenwood Housing Project. The City Manager reported that the City has agreed to furnish tl�is pipe and that he vai7.l brir.g the joint contract between the Gity and the Federal Government with reference �o the housing project and the tabulation of bids to the next meetir�g. The Mayor suggested that the Corr,mission go out and look at the sewer and the open ditch it runs into zahich has been washing out a lot of property. He thought it would be well to ;et more gipe and remedy the whole situation at one time. The Manage^ agreed with this suggestion and said he would contact the low bidder to see i£ he would furnish the extra pipe. The byds were opened and read as follows: Sherman Concrete Pipe Co., Tampa �12,556.05 Universal Concrete Pipe Co., Tampa 1z,556.Q{ Pinellas Industries, Inc., St, Feter�sburg 12,556.05 Armco N:etal Products Go., Srlando lt+.,396•95 Tri-State Culvert & Mfg. Co., 1'acuYa 11�,396.95 Commissioner Strang moved that the bids be given to the �Tanager ior recor,imendation at the next meeting. Motion was seconded by Commissioner Russell and carried unanimously. In announcing the bids for tTZe swimming pool project north of the City Pier on the Gulf, the Mayor suggested that it might be possible to move the plans for the swimming pool to the easts�ard and by abandoning the strset on the east, have enough room for tne J. C. Buildin� and the new building. The City Manager suggested that the area south of the J. C. Building and the street end could be used if desired. Mr. Wm. Goza, President of the Chamber of Corumerce, acidressed the Commission stating that they would be willing to work with the Commission in transferring the Ghamber of Commer.�e facilities to the iTarina Building. The City Attorney read the proposal from Mr. Fred Kleinnann and Mr. G. T. McYernan whi.ch incl.uded the following: 1. A lease for 20 years with a 15 year renewal option at an annual rental of �I�,000.00 or $°fa of gross for the pl�t just south of the J. C. Building. 2. To erect a building to include: A. Restroom iaailities B. Soft drink stand and snack bar C. Gonstruction cost -- �25,000.00 3. After one year�s operation, to build on the Chamber of Corunerce plot a standard Olympic slvimming pool; ta pay annual rent for entire tract of �5,000,00 or l00 of gross. A. To spend �65,000.00 on construction of pool. Upon being questioned, NIr. McKernan stated they would also pay taxes on the pr�perty. The City Attorney read the proposal of Mr. Wrn. Coon and Nir. Amos D. Smith which inc?,uded a lease for 2$ years on the pr.operty now o�cupied by the Senior Chamber of Corrun�rce with an opt�on of renewal for 15 years, the rental to be 50 of gross or not less than �p300.00 per month, to build a pool at an estimated cost of ��5,000.00, the building to �nclude public toilets and a light refreshnient stand. Mr. Smith and Mr. Coon also agreed t;o pay the taxes on the land. Commissioner Crown moved that the two bicis be accepted for consideration by the Commission and that the Conunission's answer be given at the next meeting if possible. Motion was seconded by Gommissioner Strang and carried unanimously. The Mayor announced a Public Hearing on construction of sanitary sewer, a 30 foot pavement and curhs on Franklin St�eet frnm Myrtle to Prospect and a 30 foot pavement and curbs on Pierce Street from Niyrtle to Prospect Avenue. The City Attorney read a letter from Mr. J. Tweed i�IcMullen, attorney for T�Ir. Harry Shepard, owner of Block 10, Aiken Subdivision, on the south side of Franklin Street, pro- testing having the paving done at this time. tlfter some discussion, Commissioner Strang moved that the Public Hearing be adjourned to the next regular Commission meeting on November 2nd. I�fotion was seconded by Commissioner Crown and carried unanimously. `Phe Mayor appoir.ted Commissioners Strang and Bates and the City I�Ianager as a Committee to confer on this matter. � '`7""-,,,� -2- CITY CON�SISSSON M�ETING October 19, 1y53 A Public Heari.ng was announced by the Mayor on constructing a 12 inch storm sewer from the corner of Devon Drive and Hamden Drive northerly to the existing storm sewer in Hamden Drive nortY: of First Street and resurfacing Hamden Drive from Third Street to First Street and resur�'acing Third Street froni Hamden to Coronado Drive. The City Manager reported that at the preliminary hearin� the- residents expressed themselvzs as being in favor of the project but wished it postponed until after the winter season; however, they desired some kind of temporary �aving or repair work immediately. Af�er some discussion a,n which the residents of the area partieipated, the Mayor sugges�ed that the City crews scrape the street and then put some marl on it. Having heard no valzd objection, Commissioner Bates moved that �ne draina�e and paving project on Hamden Drive area be approved �nd authorize i;he work to be started approx_imately next May lst. I�fotion was seconded by Commissioner Crown with the amendment accepted that teniporary relief be given insofar as practical, Upon the vote being taken, the motion carried unanimously. After discussion of other items, Commissioner Crown pointed out that the 1ega1 advertisement and the notices sent to the property owners did not mention curbing in the storm sewer and paving project for Hamden Drive and Devon Drive. The �Iayor sug- gested that the a�.�proval of the prnject be rescindeci and it be re-advertised in March or April. Commissioner Crown moved tiiat the actien with respect to the paving and drainage project in the Hamden l�rive area be rescinded, that the project be not approved, and that it be scheduled for another public hearing in March, 1051�. niotion was seconded by Comraissioner Bates and carried unanimcusly. The h4ayor announced a Public Hearing on the request of Mr. i�fax Benbow to erect a detached garage on a separate lot (Lot 2$, Block B, 5econd Addition L•o Sunset Point) in a residential area, the principal place of residence being on an adjoining lot (Lot 29). The City Attorney react the Zoning Board's recommenda- tion which was that the req�aest be apFroved. Cornmissioner Crown moved that the a�:plicatipn of Pviax Benbow to erect a detached �arage on a separa.te lat be approved in accordance with the recommer_dation of the Zoning Board. A9otion was seconded by Conunis�ioner Strang and ca����ied unanimously. A Public Hearing was announced on the request af Mrs. ;�iildred G. Coates for a 10 foot bnilding setback .line on Aurel Street for Lot 6, Block 5�., AZandalay, instead of a 25 foot setback line. The City Attorney read the Zonin� Board's recommendaticn which was that the request be granted. Commissioner Crown moved that the application of ivlildred G. Goates for 10 foot building setback on Aurel Street for Lot 6, 31ock SL�, ;�landalay, be approved in accordance•with the Zoning Board's recommendation. Motion was seconded by Commissioner Strang and carried unanimously. The Fublic Hearing on the recuest of C. H. Ivlarlow for a 20 foot building setback on Lot 24, Block B, Avondale, was car_celled at the applicant's request. The �iayor announced a Public Hearing on the request of Mr. Otis Angier for a zoning change of Lots 1-5, inclusive, Block B, Fairview Subdivision, from the present R-2 zoning to R-1{. z�ning. The Gity Attorney read a letter froni Mr. Angier explaining that he had already built one rnultiglz unit on his property and was plannir_g to build another :�hen the zoning was changed last December. He also Foinuecl out in his letter that adjacent property in Block A facing on Drew Street is zoned R-t�. now> The iday�r reported that the recommendation of the Zonino Board was that the request be granted. Commissioner Russell moved that the request of atis An;ier for a change in zoning of Lots 1-5, incl-�.si�re, from the present R-2 zoning to R-�. zoning be �ranted in �ccordance with ,he Zoning Board's recommenda- tion. i�totion was seconded by Com�issioner Crown and carried unanimously, A Public Hearing was announced on tne recuest of IYIr. James R. Roberts to chanoe a str.ip of land 200 feet deep on the west side of Greenraood Avenue between Woodla�an Street and Kingsley 5treet from the present R-4. zoning to Business, The City Attorney reported that the Zoning Board appreved the granting of this re- quest. Commissioner Russell moved that the request of James R. Rober�s to change a strip of land 200 �eet on the wsst side of Greenwood Avenue between t+�oodlawn Street and Kiilgsley Street from the present R-L� zoning to Business be approved in accordance vrith the Zoning $oard's recornmendation. Motion was seconded by Commissioner Bates and carried unanimously. TY�e City Attorney read Ordinance 61�5, the proposed Si�n Ordinance. Couunissioner �3ates moved that Ordinance 645 be passed on its first reading, Motion was secondad by Cpmmissio�ner Strang and carried unanimously. Co:nmissioner Bates moved that Ordinance 61�5 be considered on its second reading by title only by unanimous consent. ;�Zotion was seconded by Co�mission�r Strang and carried unanimously. The City Attorney read Ordinance 61�5 by title only. Cornmissioner 5trang rroved that Ordinance 64� be passed on its second reading by title only. � Nlotion was seconded by Commissioner Russell and carried unanimously. The City t�ttorney read Ordinance 645 on its third and final reading. Several amzndments were suggested by the members of the Commission and were notsd by the City Attorney. �ommissioner Strang moved that �rdinance 645 as amer.ded be passed and adopted on its third and final reading. i�lotion was seconded by Commissioner Russell and carried unanimously. The Commission took under consi3eration the application of Mrs. Vincent Scurto fbr a sanitary sewer to service store buildings on property which belongs to her on the south si�e af Gulf-to-Bay Eoulevard between Keene Road and Virginia Lane. The City �ngineer estiMated the cost of the project at �3,000.00. It was :'�rs. Scurto's wish to pay �1,000.00 cash and have the balance of the assessment covered by a lien against -the property which would er.tail conducti.ng a Public Hearing, adoption oi an assessment resolution, etc. This proposal was not considered desirable by the City Commissian. By consent, the matter was deferred to the next meeting so that t;he Seaboard 0i1 Cornpany can be contacted relative to �heir payin� part of tYie cost. CITY COMMISSION MEETING October 19, 1953 Consideration of proposed Ordinance 61�6, Annexation of Skycrest Terrace Subdivision, was deferred to the next meeting. The City Attorney read the proFosed lease between th� City and Johnnie I�iae Williams for space for the Colored Library which would lease the building on Lot l, Pennsylvania Subdivision, for five years at �p75.00 per month. The Mayor suggested that the lease be arnended to include fire insurance on the contents of the building only. Commissioner Crown moved that the lease as amended be approved. Motion was seconded by Cornmissioner Strang and carried unanimously. The Commission took under consideration the request of Mr. Donald Beath that the City establish a seawall line �n his property on the south side of �Vater Lot Or.�, City Park Subdivision, so that he may build his seawall where it would connect with and be a continuation of the Cityfs seawall line 1�hen the sezwall is built. The City Engineer submitted a sketch shoc�ri_ng the proposed seawall line which wauld coincide with the seawaTl line proposed by Mr. Beath's engineer which the City Engineer had given his tentative approval. The T�Iayor suggested that the City Attorney be instructed to present a resume of procedure to use in establish- ing this seawali line and for the establishing of s�awall li•ries in the future, 7'he CitJ Attorn�y said this mi�ht be done by having the City Engin�er prepare maps of the Citg having the seawall lines shown on tha map tahich would be adopted by ordinance. Co�-�missioner Strang move�i that this seawall Iine frontin� this property on City jl7ater Lot 1 as prepared by tha City Engineer be approved as owned by Mr. Beath and others which basically consists of a smoothly curving line from a fixed property point at the base of the curve to the end oi the existing seawall. Motion was seconded by Commissioner Bates and carried unanimously, The City iKanager reporl:ed for the Committee investigating the oifer of Gulf Oil Company to give part of their Froperty on the apex of the triangle on N. E. Cleveland and Drew Street to the City. He said the Guli Oil Company had agreed to pave the �ortion of their property and then deed it to the City for street purposes. He stated that E. H. Holr.omb, Jr., was doing the paving for the oil company and would remove the adjacent broken concrete pavement and dispose of i.t for �200.00 and replace it with asphalt paving for �300.00, leaving a nine fr�ot circle around the power pc�� ior planting and curbing it for �50.00. Gommissioner Bates moved the accepta_n�� of. the Committee's report on the corner of N. E. Cleveland and Drew Street on the best arrangement that can be worked out by the City Manager but not to excead the estimated cost of �p550.00. Niotion was seconded by Commissioner Crown and carried unanim�usly. The'City i�ianager presented the plat of Nursery Park Subdivision, a part oi Tract A, Suburb Beautiful, and recoiamended that it be approved. He pointed out that the streets adjacent to the new subdivision were already paved. Commissioner Crown moved that the plat of I�ursery Park Subdivision be approved in accordance with the City �°lanagerts recommendation. NIotion was seconded by Commissioner Strang and carried unanimously. The NSayor reporteci havin; a request from N1r. W. D. Owens that a let�er be prepared directed to the Arny Engineers in Jacksonville saying that the City does not protest the building of groins on the south end of Clearwater Beach elctending from Mr. Owens property. Coiumissioner Bates moved that the Conmission comply with the request of Mr. Owens to notify the Army Engineers that we have no objections to the placing of the groin in the manner shown on tr�is map. Mot�.on was seconded by Cor�missioner Strang and carried unanimously, The Nayor presented the proposed plans far the netv Ball Park and estimat�d the cost at �350,000.00 and the seating capacity at �.,652. �'he City h_ttorney read a proposed contraet with R. W. Spragins 8c Co., of Memphis, Tennessee, fiscal agents, in which they agree to formulate plans of financing the ba11 park subjzct to the approval of the City Cor.unission, their fee no� to exceed 1.9% of the bond issue; this fee would also apply to ang bonds for kater extension, se�ver e�ctension, storm sewer facilities, annex to the' Gity �all or other improvements for a period of eighteen months, It tvas pointed out that if the City sio ed the contract for the eighteen month period and no new projects were financed by bonds or revenue certificates, tihe City would pay only the 1.9% fee. Commissioner Crown inquired ii it would be possible to accept Mr. Spragins proposal tvith the provision th�t if the City hired any other fiscal a;ent to do any other work in the next eighteen months that Mr. Spragir.s would be paid the difference between the 1.9� fee and the 2.L�.°f� fee, Mr. Wendell Spragins said that would be satisfactory. Corilmissioner Russell moved that the Commission employ R. 1�V. Spragins & Co. as its fiscal agent for building the ba11 park according to the proposal as amended, and that the proper officials be authorized to execute the contract. Motion was seconded by CoTrunissioner Bates and carried u�animousl�y. NIr. Spragins' prqposal is set forth in tne following pages of these minutes. The City attorney presente� a statement for �650.00 from Robert W. Ulilson for his services in connection with appeals pending in Circuit Court at the tine oi his resignation. Commissioner Strang moved that the bill be paid. R'iotion was seconded by Commissioner Russell and carried u�ianimously., The City Attorney presented a statement for �750.00 for parti�l payment for his services in connection with the Kerekes - Nelsun suit. Commissioner Strang moved that the bill be paid. A'iction was seconded by �om�lissioner Russell and carried unanimously. There Ueing no further business to come before the Commission, the meeting was adjourned at 6;05 P.M. l�ttes � � City Auditor nd Clerk �� �� Mayor-ConUnissi n r CiTY CONIMISSION MEETING October 19, 1953 OGtober 16, 1953 Mayor-Commissioner Herbert �1. Brown Cornmissioners: W. E. Crown, Jr., Jack Russell W. E. Strang, Jr�, John W. Bates Gentlemen: The Regular Meeting of th� City Gommission will. be held in bhe City Hall Auditoritun on Monday, �ctober 19, 1�53, at 1:30 p.m. Items listed on the attached agenda will be discussed at tlzis time. FCM.s Enclosure Uery trulyT yours, �s/ F. C. Midd'leton City Mana;er Agenda - City Commission Meeting o£ Clctober 19, �453 Gity Hall Auditorium 1:3� p,m. 1. Tnvocation, Rev. J. S. Dauerty, Pres. Pinellas County I�Zinisterial Association, 2. Apgrosrir_g the mir_utes of bhe regular meetino of OctobPr 5, 7-953. 3. Opening oi bids: A. Storm Sewer Pipe for Greenwood Housir.g Project. B. Lunchroom in Marina �uil.ding. C. Swimming Pool Projeat North of City Pier or_ the Gul#'. 4. Public Hearir_o with reference to paving and sanitary sewer on Franklin St. and Pierce St. between Pro�pect and DZyrtle Avenues. 5. Fublic Hearing on resurfacin; and drainin; of Hamden Drive Area. 6. Public Hearing on the request o£ Max Fsenbow for permission to ereet a detached garage on a separate let (Lot 2$, Elc,ck B, 2nd Add, t� Sunset Pt.) in a residential area, the princigal place of residence being on an adjoining lot. 7. Public �earing on the request of Mildred G, Coates for a 1G' buildi*�g setrback la.ne or_' Aurel St. for Lot 6, Block j4, Mandalay, instEad of a?5� setback line as ren,uired by the Zc;ling Qrdinanee. $. Pub�ic Hearing on the request of C. Ii. i�larlow for a 20t building setback line at 1710 North Greenwood Ave. (Lot 21;., B1ock B, Avondale) to coni'orm wi�h existzng buildings. 9. Puhlic Hearin� on request of Otis Arigier for a change in zoning of Lots 1-5 inclusive, Block B, Fairview Sub., from tYie present R-2 Zonin� to R-'� Zoning, �0. Public Hearin; on the request of James R. Roberts to change a strip of land 200' deep on the west sid,e c;f Greenwood Ave, between Woodlawn St. and Kingslay St. from the present R-!i. Zoning to Businessa 11. CommissionTs consideration of: A. Ordinance ;�6�:5, Sign Ordinanee. (Gity Attorney} B. Grdinance #6y.6, Annexation of Skycrest Terrace Subdivision. (City Attorn�y) G. Lease betiveer, tre City and Johnnie Mae Williams for the Colored Library. (City Attorney) D. Sanitary Sewer to propertg owned by A'Irs. Scurto at Gulf to Bay and Keene Road. E. Location of Seawall line of Beath propsrty, Clearwater Beach, F� Repor� by Committee on id. E. Cleveland and Drew St., Gulf Oil Pro�erty. G. Approval of plat for Nursery Park Sub. owned by Horace and Alice Mae Roberts. H. Proposal from �r. WiZlis D. Owens with reference to groins on south end of Clea�water Beach. I. Worlc Order couering traffic signals for intersections of Cleveland St. at Osceola Ave, and Garden Ave. J. Ball Park Plans and employment of Fiscal Agent, 12. Utilit,y Improvements. 13. L�t Motving Applications. 1.�. Any other item not on the agenda wi31 be r,onsidered with the consent of the Commission. Ad j ournrnent , The Han, Francis Middleton, City I�Zana,ex City Hall Clearwater, Florida Dear Francis : OctoUer 16, 1953 I am writin; you at the request of Mr� Harry W. Shepard, ih� owner of the following described property here in Clearwater: Al1 of Block 10 of AIKENTS SUBDIVTSION, accordzng to the map or plat thereof as recorded in Plat Book 14, page ti.5, public records Pinellas County, Fl�rida. Mr. Shepard has heen advised that there is a movement under w�y to have t�e City paae Franklin Street between i�lyrtls and Pros�ect Avenues, You will note �chat the above described property is boun�ed by Frankl.in Street on the Nor�Ch and lies between Myrtle and Prospec� Avenues, Thus Mr, Shepard owns 50% of the property which �vould be affected by this paving. (Continued) CTTX CONII�ISSI�N MEETING October 19, 1953 (Continued) Mr. Shepard is not in favor of Y,aving this paving done at this time, and wishes to take this means of lodgina his protest. Since Mr. Shepard owns one-half of the property aifected, it is our understanding t}zat the City would not b� inclined to make such improvement over his objection. Tn spite �f L-his formal protest, if you feel it essential that Mr. Shepard or his representative be present a� the public hearing, I shall appreciate it very much indesd if you wi11 give me a call. Yours respectf�;l]_y, Hand Delivery �s� J. Tweed b7cMullen JTM�a GC: Ntr. Haxry W, 5hepard M'r. Oliver Anderson Building Ins�ector Ci�y Dear Sir: September 4, 1953 I am enclosing a rough sketch (no� to seale) of mp pres�nt house and garage arrangement, also showing the location of a proposed oarage ar.d screened area. I will be most appreciatiue if y�u would b.rin; this matter �o the attention of the Zoning Soard and/or the City Commissioners in hopes of receiving favoraole action on a building permit ior the pxoposed 5tructure. Yours truly, �s� Max Benbaw 1112 Cardova Lane Septem.ber 1�, 1953 To: F. C. Middleton, City Manager From: 0. H. Anderson, Sec'y, Zoning Board Subject; Request �f Max Benboiv to erect a garage on Lot 29, B1�ck B, 2nd. Add. to Sunset Point S�abdivision. 7'he Zoniilg Board af the City of Clearwater recommznds that the att�cned request be approved. Attached herewith is the Board�s recommendat�on a7.ong with ,^�Ir. Benboiv's request, October 2, 1953 Tn: F. C. �Iiddleton, City i�Ianager From: 0. H. Anderson, Secty', Zoning Board Subject: Request of Milared G. Coates (Hardsrip) At the regular mee�ing of the Zoning Board held Thursday evening, Oct, lst. a motion was made and carried that the raquest of Mildred G. Goates asking for a ten foot building setback line instead of the regular twenty five feet on Aurel Ave., Zo� 6, B1ock 51�, Mandalay Subdivision, under the hardship ruling, be grantad. Attached hereY�zth is a petition signed by IJirs. Coates givin� her reasons for this request. Mr. John K. Batstone, �hairman Zoning Board Clearwater, Florida Gentlemen: September 21, 1953 Along the middle of 1952, I purchased lots 1, ?, 3 and 4, Block B, Fairview Subdiv�szon, Drew Street, Clearwater, Florida. This property was z�ned ft-2, V�hich permitted constructi,an oi multiple dwelling units, and on September lst I started construction of the first buildin� of a proposed 2$ unit set up. This first building was opened for occupancy on January lst, 1953 under the name af "FAIRWAY" APARTMENTS. Subsequent to the purchase of lots l, 2, 3 and l�, Z purchased the EasL 110' af Lot 5 on which a gaz�.age was constrttcted, built strong enaugh to later on c arr}• four garage apartments on the second floor. At some time, and I eio not know the date, the zoning regulations in the City of Clearwater were changed and, al�hough this �roperty remained R.-2 zoning, R-2 aoning became an area in which duplexes could be built but'not multiple units, (Continueaj ��� GITY C0.'�IMISSION MEETING October �A, 1453 (Continued) However, that area Wes� and up to the 4Vest side of Evergreen Street was changed to R-!�. zoning and the area in which I am located, which runs East i'rom EverUreen S�reet, remained R-?. I have never been able to understand why because the apartment buildin� that ? have no�v was already built and therefore was in R-1#. territory, 6ut yet the territory was zoned R-2. I have plans here that show the ori�inal lay-�ut af 2$ units, which neces,itates the buil,ding oF another unit similar to the present i�FAIRWAYt� AFARTM�NTS, and btioo more gara;es similar to the one alreadv buil� with 1�. units above each one oi the �ara;es. These plans were drawn u� in 1952. I request, therefore, that lats 1, 2, 3, 1� and 5 in Black B of Fai.rview Subd3vision be chan;e� to R-4 so that, from time to time, additional iznits can be put up to e�rentually appr�ach the 2$ unit �otal shown on the original plan, which can be done with an R-4. zoning, but cannot k�e dor.e with ar. R-2 zoz�in�, but yet could have been dane with the old R-2 zoning. �ppreciating any cooperation that you can �ive me in this respecb, I remain... Qtis An�ier�mmrn Sincerely yours, "FAIRWAY�� APART�TENTS fs/ Otis AnPier Owner - Nanager October 2, 1953 To; F. C. Middleton, City Manager From: 0. H. Anderson Subject; Request of Otis Angier - Fairway Apartmen�s At the regular meeuin; of the Zaning Baard held Thursday evening, October lst. a motion was made and carried th�t the request of Otis Angier askin�; for a change of zonin; of Lots l, 2, 3, J� and 5, Block B, Fairview Subdivision, from the present R-2 (Residential) zoning to R-�. (Residential) under the hardship ruling be oranted, Tne Bo^rd feels that a hardship was caused by the new zonin; change as noted in Mr. Angier's attached r2auest, October 2, 1953 To: F. C. Middleton, City i�ianager From: 0. H. Ande��son, Sec�y. Zonin; Board 5ubject: Request of b1r. James R. Roberts Snasmuciz as the City Commission felt that iKr. RobertTs request fqr the re-zaning o£ his property on tha N.Vl. Corner of Woodlawn St, and South Greenwood Ave. was not a matter �or referendum but should be handled as a hardship case, the Board hereby approves the request of the petition under the hardship rulin� as follows: The strip of property 200t deep on th� ti^Test side of Greenwood Ave. between Woodlawn St. anc: KinUsley St., be chanbed from the presEnt R-4 zoning to Business zoning. The Board is maicin� this recommendation due �o the fact that the area nn t he opposite sidE af the sE;reet is now zoned Business and the zoning of thiy area to R-4 (Residential) was in error. 2-,.� O CITY COMMISSION MEETTNG October :,:9, 1953 �ONTRACT Honorable Mayor and City Commission City of Clearvrater Florida Gentlemen: October 20, 1933 As a result of your consideration of my former praposals at your meeting on Monday, October 1.9, 1953, we submit the following proposal which, we understand, is in conformity with your expresse� intentions. We, R. W. SPRAGINS & COMPANY, hereinafter called the nBankerstt, and the CITY OF CLEARWATER, FLORIDA, a muni.cipal corpora�ion, hereinafter called the ttCityTM, hereby mutually agree as follows: 1. The City agrees to employ the Bankers to formulate and submit to the City a plan oi financing the installation of a new hall park, which project shall procesd without undue delay. In regard ta ali projects undertaken during the term hereof, the City y,rill furnish to the Bankers all information requested by the Bankers to determine the feasibili�y of a11 aspects of the programs and the type of financing most apprapriate to the purp�se. 2. The Bankers iaill pay all of the expenses necessary for the issuance of the bonds and revenue certificates, including the cost of the opinion of a nationally recognized firm o£ bond attorneys, the printing of the bond and revenue certificates, and all oth�r expenses incident to their issuance, inclu�ling all expenses entailed by the Bankers in connection with their services to be rendered to the Gity; provided, hawever, �hat the City shall pay its own attorney or aitorneys for services rendered to the City in connection with all projects und���}�aken during the term her�of. 3. �'he bond attorneys will work hand in hand with th� City's attorney and prepare all of the ordinances and other legal proceedings necessary .for good delivery of thE bonds and revenue certificates. 4. For the services and expense4 hereiinabove set �����+ for the ball park praject, the City agrees tG pay to the said Banker a�ee not •to exee�d 1.90 per cen� of the total amount of bonds and revenue certificates is:zued for said pro- ject. All fees to become due to the said Bankers shall become due not prior to, but simultaneously with the issuance and delivery of said bonds and revenue certxficates to the respective purchasers thereo£; and when sa:id fees shall have been paid to the Bankers, the City is relieved of all obligatxons to the Bankers. If, during the term of this agreement,'th� Citq uses the services of anp o�tner fiscal agent or �anker on any program other than the ball park, then the ipe of the Bankers for the ball park project shall be 2.1�0 per cent instead of 1.90 per cent as hereinbefore set forth. This adjustment of the Bankerst fee is made for the reasan that the fee of 1.9� per cent is quoted by the Bankers in considera- tion of and an�icipa�ion af the rendering by the Bankers of other services to the City during the term of this agreement. 5. The City is not obligated to issue any bonds and revenue certi�icates, nor is it obligated to anp type of financing unless the City approves the type of financing, the feasibility and advisability of the p�oject or projects mentioned herein, and also approves the interest rate which the bonds and revenua certifi- cates shall bear and the price at which such securities are sold. 6. It is expxesslp understood that during the li£e of the agreement the City can abandon either one or all of the projects herein mentioned and by the abandonment of tha projects the City is not obligated to the Bankers for any exp�nses entailed by the Bankers. 7. The City is presently contemplating additional prajects in the nature of faciYities to obtain a permanent source of water supply, extension and renovation of the City�s watex� distribution system, sanitary sswer extensions, storm sewer facilities, an annex or addition to the City Hall, and other needed improvements. $. The term of this agresment is fox a period of Eigh�een (1.$) Months �rom the 19th day of October 1953; provided, however, that this agreement doss not obligate the City to undertake any projects or to issue any bonds or revenue certificates fluring the term hereof, unless said projects and issues shall first be approved by the City Commission of the Gity. IN WI�NESS WHER�OF, the parties hereto have se� their hands and seals this 20th day oi October A. D. 1953• R. V7. SPRAGINS & COMPANY, A sole proprietorship Witnesses as to executa,on by By /s/ R. W. Spragins R. W. Spragins & Company, a sole proprietorship: CITY OF CLEARWATER, FLORIDA /s/ Corrine Wilkinson By /s/ F. C. Middleton /s/ Jean Joiner City Maaagsr Attest: Countersignedt �sf H. G. Wingo By /s� Herbert M. Brown City Auditor and Clerk MayormCommissianer Witne�ses as to executian by City of Glearwater: /s/ Lucille P.. Bel1 %s/ Beryl F. Sydnor 2 s/ ORDINANCE N0. 61s5 AN JRVII�ANC$ ItEGULATING AND PRQHTBITING THE ERECTION, US� AND MAIN- TENANCE OF SIGNS WITHIItit TH� CTT9C LIMITS OF THF CITY OF CI,�ARWATPR, PiNELLAS COUhTTX, FI�ORIDA; PR�VIAING AEFINITIOI�tS; PROEITBITING GOiKMERCIAL ADVERTISING SIGNB, AS DEFINED HEREIId, �%CEPT. AS PROVIDED HEREIIV; PRO- �IBITING SIGNS ON PUBI,IC PRQPE&TY FXCEPT A5 PROVIDED HER�IN; 1�EQ[JIRING AND PROVIDING FOR P�RMITS FOR SIGNS; PROHIBITING B�AGQN SPOT AP�D FLOOD I,IGHTS EXGEPT AS PROVI�ED HEREIRi; Pi�OHIBITING THi: tTN'LAt4'FUL EREQTI01� AND NiAINTENAhCE OF ANY i�iITTEN SIGN ORT OFt ABOUT THE OUTSIDE OF ANn ON THFs GROUI�DS OF ANY IiOTEL, PdQTEL, APARTASEAti HOUSE, ROO�+IIIdG IiQUSEy R40TOR COtTRT, TOISRIST CAt?IP OR TRAILER CAMP, R�LATING TO RATES CHABGED TO GUESTS; PiiOVIDING FOR THE ERECTION ANB �IAINTEMANCE OF SUCH WRITTEN SIGh IN T HE OFFICE AND 300R5S OF 11NY HOTEL, i�IOTEL, APARTP9ENT HOUSE, ROO�uiING HQUSE, I�IOTDR COURT, TOURIST C:A�SP OR TRAILER CAMP; PROVIDIIUG FOR MOTEL SIGNS �I3D ACTIVAT�D SIGNS; PROV�DTfiG FOR THE SIZE OF SIGNS; PROVZDIt�Ci CERTAIni EXCEPTIOI�S FRONi TH� PROVISIONS HELtEOF; PROVIDING FOR REPEAI, OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING �OR SEPARAATLITY OF THE PRQVISIOAS iiL'REOF; �'ROVIDING PENALTIES FOR THE VIOI,ATION OF TH� TERMS OF THIS ORDINANC�; AhiD FROVIDIYdG FOR TH� EFFECTIVE DAsF OI' THIS ORDTNAIdCE. BE IT OHDAINED BY TH� CITY CONL�IISSTON OF THE CITY OF Cu�AR.'lATER, FLORIDA; S£CTION I. This Ordinance shall be kno�n and cited as "The Sign ardinance'� of the City of C1eaz�water, Florida. SEC�ION II. DEk'INITrOIdS: For the purpose of this Ordinance, cer�ain terms and words are heret�y defined as folloti�rs: Activated Si�n:� Any sign of which all or any part thereof revolves or n�oves in any fasiaion whatsoever, and any sign which contains or uses fc+r illumina� tian anp 1igh�, lights or lighting device or devices which chang� color, flash or alternate, or change the appearance of 'said sign or any gart thereof autocnatically. �eacon Li,�ht:- Any light with one or more beams, capable of being directed in any direction or directions, or ca�ah.le of being revol.ned automatically, or capable of having any part thsreof revolve autotnatically. Commercial Advertisin� Si�n:- Any struct�,z•e, display board, billboarrl, poster board, bulleLin board, s�reen, surface or wal�, with characters, letters or illustrstions placed tlnereto, thereon or thereunder, by any method or means wha�so- ever, v�here the matter displayed would be used for any purpose other than tha� of advertising t6 the public the legal or exact firm name or the name of the business carrieu on therein or thereat, ar for advertising axiy service or product or praduc�s actnally and actively being offered f'or sale therein or thereon, and shal� not include street or directional signs, owner identification signs and point of pur- chase signs as defined her�in, or real sstate signs as defined herein. • O�rner ldentificaticn Si�n:- Ang structure, device, display board, screen, sur�ace or wall with characters, letters or illustrations placed thereto, thereon or therzunder, by any method or means what5oevex, where the matter displayed is used only to indicate to the public the legal or exact firm name or the cnaracter ot the busir�ess carried on therc;in. Point o� Purchase Si�n:- Ang structure, device, c�isplay bcard, screen, surface or wall, ��lith characters, letters or illustrations placod thereto, thereom, or thereunder, by any method ar means whatsoever, where the matter displaqed is used for advert�ising a prcduc� actually or acti�elp of�ered for sale thereon ar therein. Real Estate Si�n:- Any struc�ure, device, da.splay board, screen, surface or wall, with characters= letters or illustrations placed thereLo, thereon or thereunder, by any method or means whatsoever where the matter displaped thc�reaxi shall be used solely ior tbe �urpose of of'fering for sale, for lease, ar for ren� the exact property on which sign is placede Snit�e Si�n:- Any small sign of any material, including paper, cardbr�ard, wood and metal, when such sign is tacked, nailed or attached zn any way to �rees or other objects. Street or Directioaal Si�n:- Any sign having the purpose of giving instructions as to the Iocatio� of a place, ever�i pr meeting within said City or ths direction thereaf from the sign location: AIotice:- ir]]h�re notice is required by this Ordina�nce to be given it� may be given actually or by deposit of wr3tten notice in the mail to the last known a��ir,ess o� the person required to be notified, or by �.dvertising in ary daily newspaper regularly published in �:he City of Clearwater for two (2j con- secutive publication daysa Person:- Shall include corporate and ather legal entities, their offiWers, representata.ves and agentse S�CT7UN III. GE23ERAL PROVISIONS. (1) fihat hereafter Snips 5igns except when used as Rea7. Estate Signs, as de£ined herein, Side�,ralk or Sandwic:h S�gns a�d all other signs not specifically defined or provided for herein, shall not be permitted withiri the �ity of GZearwater except wh�n said signs are located upon private property at the point of purchase. 252- (2) No person shall paint, paste, print or nail any bariner, aign, papex� sign or any advertisement or notice of any kind whatsoeve�, or cause the sa�ne to be civrae, on any curbstone, ilagstone, pavement or any other portion csr part og any sidewalk or street, or upon any tree, lamp poste telephone or tele- graph pole, hydrant or bridge vrithin the limits of any strEet ar public right-of- way within the City o� Glearwater; provided, howevers that this section shall not apply to regular notices required by law to be so posted. �3) That all signs located in compliance with this Ordinance shall first be constructed or erected in compliance vrith -the Official Bu3lding Code o£ the Gitp of Clearwa�er, (4) No flasha.ng or activated si�ns shall be ,permit�ed in R-1, R-2, Tt-4, or R M Use Districts. (5� No sign shall be constructed or maintained of which a11 or Anp parti caus�s static e�.ectricity or otherwise �nterferes with radio or television reception. (6) Ro spot, beacon, or flood light shall be permitted in any area wi.thin the City of Clearwater, except r�here such beacon, spot ar floo�i light is non-revolving and in a f�xed position, and when said light shines on�.p on the ownerts premises or signs and away from any s'treet or roadwaq, (7) Co�mercial Advertisin 5igns: (a) That hereafter no Commercial Advertising Sign shall be permitted in any residential districb which includes nfi-1�► Residence District, ttii-�2n Duplex Ftesidence District, TfR-�.+1 Multiple Dwelling District, and ttK�+Itt P�ultiple Dwelling District and Limi�Ea Business District, as defaned in the City Zoning Ordinance. (b) That no Co�nercial Advertising Sign shall here�fter be con�tructed in a"BT+ Business llistri.ct as defined in the City Zaning Ordinance, until a special permit therefor has been obtained from the Gity Gommissi�n af said Cxty, Before granting the application ior such a permit �he Citp Commi.ssiom shall coasider the recommendat�ons, �ither favorable or un€avorable, of the Ci�Gy Zening �oard, and the effect suc'h a sign wi31 h�ve on the pub�ic health, morals and safety in the par�iaular location reques�ed. (c) That Commercial Advertising Signs aow existing shall not be materially or su�stantially altered or regaired unleas a permit as provided in S�CTION III (7) (t►) hereof is fxrst obtained. �d) 1. �'ersons desiring a permit for the construction of Com�nercial A�vertisang Signs shall iirst exhibit to the 3uildi.ng Inspector of the Gi�y of Clearvrater valid title to or laase up�n the lands on which theq desire to erect said sign or signs.. 2. AlZ Gommercial Advertising Signs must be a� least six (6j feet from any e�.sting or hereai�er constructeci bui:lding. 3. Al1 Commercial Ad�rertising Signs must be a� least fifteen {15} feet irom ariy st-reet line and iif'tp (50) feet from anp street intersection. 4. A11 Commercial Rdvertising Signs must be so erected �hat they will not canstitute a traffic or other hazar� or be an eye-sore. 5. Al1 GommerciaZ Advertising Signs must be erected of fire- proof materials of 3uch strength as to resist a pressure of thir�.y :(30) pounds per square ineh. 6. Thp advertising area of all Commercial Advertising S�gns shall not be more than three hundred f3p0) square f°eet in area. ($) Permi�s for 5treet and DirectianaT Si ns Owner ldentification Si ns, and Point oP Purchase Si ns. No sign except Real Estate Signsy as provided herein, shall be er�cted within the City of Clearwater without a permit therefor first having been obtained from the City Building Inspector: The City Bnilding Inspector is hereby authorized to issue permits for the ereGtion oi Street and Darectioraal Signs, Qwner ide:�tifi�- cation 5igns, and Point of Purchase Signs under and according t;6 the following conditions; Real Lstate Sigtts may be erecte�l wi.thout permi.t according to the following specifica�ions. (a) Street and Directional Signs shall not exceed four (�.) squaz^e ieet ia� area; Real Estate Signs shall not exceed s3:� (6j square feet �n area; and no sign of any nature or kind whatsoever shall exceed six d6) square feet in area when located in an &-1 or R-2 Use llistrict; a1T of the foregoing signs shal7. be of a reasonable size and design with dne regard to their pur- pose, proposed Yocation and the traffic and safety conditions e�sting thereat; any of tne foregoing signs having an arfla in excess of the areas h.ere3.nbefore set out sha11 be classified as Commerc3al Advertising 5ig�s and shall b� subject to regulata.on 3s such. , (b) A vrritten application for each such permi•t sh�11 be filed with tha City Buil.ding InspQctar i�adicati.ng the size, typQ and dc�sign of the de�ired sign and its proposed location with particu].ar regard to stree� and right-of-Yray lines. 6c} The Gity Bu3lding Inspsctor, tai�h the approva]. of the City Manager, may issue permits �or signs to be loc�ted upon public property, where the applications �herefor camply with the provisions of this Ordinance. (dj The City Building, Inspector shal.l cha;cge and collect for the use of the City, � reasonable permit fee for all si�ns, exce�� Real Estate Signs� said fees.to be in the amount which may be, from time ta time, established by �he City Gommi�sion of the Gity of GTearwater, I�loxida, by resolution. (9) Location of Si�ns Within or U�on Public Propertv and Ri�hts-of-tVav Prohibited, Exceptions. (a) That except as provided herein, no sign shall be located in or upon any �Ptt, Public District, as defined in the City Zoning Ordinance, or in any street or rai3.road right-af�way, �xcept ���on specific permission of �h� City Gommission therefor either by lease or by reso].u�ion. (bj That �his Section shall not prevent any operating railroad from placing traffic signs wh:ich are necessary and praper in the operation of said railroad. {c) That this Ordinance sha11 not prok�ibit the erection of reason- able and necessary street and directional signs by the City of Clearwater and ��ate and Federal auti�orities. (d) That this Ordinance shall no� prohibit the location of street and directional signs �vhen a permit therefor has been secured as hereinafter prov.i.iied. (10) Signs at Locations Where Buildin� �.s in Pro�ress, This Ordinance shall not prevent the erection o� one sign on property where building is actually in grogress u�der a current building per�t. This sign may be large anough to include the names of persons per�orming labor or supplying materials to the preu►ises, and such sign mu�t be removed �efore the Certi£ication of �ccuparicy, as defined in the City Zoning Ordinance, shall hava been issued by the City Building inspector. (11) &emoval of Ille�al anci Deteriorated Si�ns, Should any s�.gn exist in the area �rherP such sigr�.s are Prohibit��. by the provisions of t�i� t7rdinance after the e£fective date hersof, or should an� sign dexeriorate s� tihat it no longer complies with this Ordinar,ce, the City Suilding Inspector is hereby authcsrized and direct�d to remove such sign from said prohibited area. SECTIOAI IY. Tt ,s�all be unlawful for any Person, firm or corpo�ati on wha o�vns and operates, or has aontrol o� the op�ration, or manages any hotel, apartmerzt house, rooming house, moto. court,, tourist camp or trai�er cam�y to erect, ma3ntain and display can or about t�e outside and oin the �rounds of any su�h hatel, aparbment house, roomizig house, motor court, tonrist ca�p or trailer camp, any written si�n therebp setting forth or advertising the rates charged to i�s gu�sts for the r�en�al of rooms, apa�tments, trail�r sFace ar anq other aecornmodatian provided gor and available at �uch hotel, apartment house, rooming house, mator �our�, touris� eamp or trailer camp. SECTTON U. Any such perso�, firm or corporation w�o owns and op�raL-es, or has control of the opera�ion, or manages any es�ablishnent that provides accommo- dation to guests as en�uerated and described in SECTIOht Ig hereof, �aav erect, maintain and display any written sign seGting £orth and adver�tising the rates charged to its guests, in the office and rooms of any such hotel, apartment house, rooming house, motor court, tourist camp or trailer camp; providing, however, that an3r such wsitten sign, wha:n erected, maintained and displayesi in �he oifi�e and in the ronms of any hotel, apartment house, rooming house, motor cQ�rt, tourist camp or trailer ca�p, sha�l be constructed, erected, maintained and d�splayed in such a manner and sh211 he of such a size not to be conspicuous ta and visible from the outside oF any such hotel, apartment ho�se, rooming house, motc�r cota.rt, tourist camp or trailer camp. SECTION Vi. It shall be the duty of �he City Building Inspector to administer and sniorce the provisions of this Oxdinance, the same to be done in conjunction with the Building Code of the Gity of Clearwater. In ca$e of a conflict be�Cween any af the provisions of this Ordinance and t�ose o� the Building Codes 3n a gxven ins�ance, the more restrictiue af the two shall govern. The City Commission is her�by constituted a Board of Adjns�ment and Appeals to hear and dispose of a1.1 appeals from rulings of the Gity Building Inspector under this Ordinance, Persons, firm� or corporation� desiring to appeal any ruling o� the Building Inapeczor shall so noti�y the City I�'tanager Qf the City ai Clearwater in Vrriting within twenty (20} days after such ruling has been made. S�CTrON VTI. All Ordinances or parts of ordinances in conflic� her�:•vrith aY� inconsisbent with the provisions of this Ordinance are hereby repealed. SECTION ViiL 5laould any section, paragraph, seritence, phrase, clause or other part ar punvision of this ordir�nce be dealared by any Cour� ta be invalid, the same sha1Z not affect the validiLy of the Ordinance as a wh�le, or any part theieo£, other than the part d�c�ared to be i�valid. SECTTON IX. Any person or persons, firm or eorporation ar association of persons, who shall violate or fail to complp with any of the terms or provisions of this Ordinance shall, upon conviction in the Municipal Court, be �ined not exceedin� the sum of Two Hui�,dred (�200.00) Dollars, or imprisoned in the City Jail for not exceeding sixby (b0) days, or by l�oth sucri fine and imprisonment in the discretion oF the i�funicipal Judge. Each day tha� a violation is permitted to exist shall constitute a separate offense. SECTTO�I X. �his Ordinance shall tak� ef£ecb immediat��ly upon its passage.. PASSED ON FIRST &E�DI1dG PASSED ON SECOND READING PASSE� ON THIFtD AND FINAL READING AND ADQF�ED Attest: /s/ H. G. VJINGO City Auditor and C1erk October 19, 1953 october lg, 1953 October l9, 1953 /s/ HERBEFtT M. BR.OG'7Y+i Aiayor-Commissioner 2 5'�