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12/31/1956 ',:':';:~:" J ..... ,><.. ..1 " ';,. ,1, l ,', ". :1 1 ~ 'J , 1 . ,,', 'I . ' . ~ , i '. f !: ,',' ,.... ".~ .'..' (. ." '....,.., ~. '-< ~ - '""" ,- . ' ': '. ,., . "y'~. . ,." '., '.'. .~l.r~:~)",...;:;?i,.~~.:>~~.??;~~t.:~....~ ..,;,,,,,:,,,,,';,;,;~~~i~!I~~;;1i!f,i!jj~!t~i,;i.~~~~~f~;iJi~I;,t' .L)11 l7:g i;\i- %~;;,C~ ' ~t~ c,J,,'.' ~~. :.. ,'J , j .. I - I I - I CITY COMMISSION MEETING December 31J 1956 The City Commission of the City of Clearwater met in regular session at City Hall, Monday J r,ecember 31 J 1956, at 1: 30 P. M. with the following members present: W. E. Strang, Jr. Cleveland Insco, Jr. Samuel J. Roberts Conuni s s1 oner Commissioner Conunissioner Absent: : ' . ~'., . Herbert M. Bl"u\,m J. N. Bohannon Nayor-ConunissJ.oner Commissioner Also present were: G. Weimer Ben Krentzman W. D. Booth J. E. Anderson H. Dunn Act1ng City Manager City Attorney ActIng Police Chief Representing City Engineer Asst. to City Manager , I' , ' . f ,I) \: ."..,> ;.< ~ t';::'~:i~;;}; >',' ~<;;:'A:~;:;~f~.l;;L' t '., ~,',.... .j ),.., ,," '., ";;i;~t$~~~~~f~~i; """")~"'~li.. !f~r~i~:!r, 48 The City Attorney called the meet.Lng to order and asked for nominations for Acting Mayor since Mayor Brown was absent. Corrunissioner Insco moved that Conuriissioner Strang be appointed Acting Mayor. Motion was secunded by Commissioner Roberts and carried unanimously. The invocation was glven by the Reverend Burton Hilton from the Chapel by the Sea, Clearwater. The Mayor inquired if there were any corrections to the minutes of December 3rd, 5th, lOth, 14th and 19th. The City Attorney requested that Paragraph 6, Page 464, be changed to read "the applicant \'las entitled to issuance of a permit on December 17th but was not prior to that date as he had not made a complete application". The City Manager statea-that in Paragraph 3J Page 463, the motion should read "estimated cost of $35,018.65". Commissioner Roberts moved that the minutes of the regular meeting of December 3rd and the special meetings of December 5th, lOth, 14th and 15th be approved as amended in accordance with copies furnished each member J.n writing. Motion was seconded by Commissioner Insco and carried unanimously. The Mayor announced a Public Hearing on the request of Mr. E. P. Burton on behalf of Mr. J. J. Simmons for a setbacJ{ of fifteen feet from Iris Street ~or Lot 1, Block A, Replat of Bloclc 25J Mandalay. The City Attorney read the request and the Zoning Board's reconmmndation that the application be granted. The Mayor inquired if there were any objections from anyone in the audience and there were none. Conunissioner Roberts moved on recommendation of the Zoning Board that the fifteen foot setback on Iris Street be allowed on Lot 1, Bloclc A, Replat of Block 25, Mandalay Subdivision. Motion was seconded by Commissioner Insco and carried unanimously. .. I.....>:,'i ,"., -_..-~~~..:.. A Public Hearing was called on the request of Mr. George B. C~ssell ror Mr. J. J. Simmons for a fifteen foot setback from Aster Street for Lot 5J Block A, Replat of Bloclc 25, Mandalay. The City Attorney read the request and the Zoning Boal'd's recommendation that the application be granted. The Mayor inquired if there were any objections and there were none. Co~nissioner Roberts moved in accordance with the recommendation of the Zoning Board that the fifteen foot setback on Aster Street for Lot 5J Block A, Replat of Block 25, Mandalay Subdivision, be approved. Motion was seconded by Commissioner Insco and carried unanimously. A Public Hearing was announced on the request of Mr. Geor~e B. Cassell for Mr. J. J. Simmons for a fifteen foot setback from Eldorado Avenue {Jesswnine Circle) for Lot 10, Block 51, Mandalay Subdivision. The City Attorney read the request and the Zoning Board1s recommendation that the application be granted. The Mayor asked if there were any objections and there were none. Commissioner Roberts moved on the recommendation of the Zoning Board that a fifteen foot setback from Jessamdne Circle for Lot 10, Block 51, Mandalay Subdivision, be granted under the hardship ruling. Motion was seconded by Commissioner Insco and carried unanimously. The Mayor called a Public Hearing on the request of Mr. George B. Cassell for Mr. John Cosgrove for a setbaclc of fifteen feet from Lantana for Lots 7 and 8, Block 45J Mandalay. The City Attorney read the request and the Zoning Board's recommendation that the request be granted as construction of a suitable residence would be impossible on the sixty foot width if the 25 foot setback was required. Mr. Ralph J. HoldenJ owner of Lots I and 2, Block 45A, objected on the basis that the building would obstruct his view. Mr. George Cassell was present representing Mr. Cosgrove. The Mayor suggested that the hearing be deferred to another meeting and that Mr. Cosgrove bring in a plot plan of the proposed building. Commissioner Roberts moved the Public Hearing on the request of John Cosgrove for a fifteen foot setback on Lantana on Lots 7 and 8, Block 45, Mandalay Subdivision, be continued to the next meeting on January 7, 1957. Motion was seconded by Commissioner Insco and carried unanimously. ~1~~~ft~J::'\J'S( . "lI.(ii \ jt:'..'t". .._ .-..-...., '..'?":\..., ';'f"n.l,..:... . ',' 0~ '::"'~:.~':::~::",":.~:':..' -.:..: '" ::~;~'.'.::. ::..., '. . : :......::.;..;.:.:.:,:~ .~. ~:~:~ -.~:... .,~:: " ~ ;.'.~,.I ~ ~..;;~ .' . :' :' , ~.', :;:,;. _:;~ ,::,::~~ "., 'X.;J";:~~:\~;.i;:Cl~:;;:,;~~;:~~'2~;~~.t~d~,;{;J~~2ikiiJ;idf~d~yfJ:~~;?' SOt) :"':ZJ ,I.", ':," . ".........J . I :.;..::,; '/~'':'-~\.~:..;~.;.";: -2- CITY COMMITSSION MEETING December 31, 1956 The Mayor announced a Public Hearing on the request of the Church or the Nazarene to erect a church building in Block B, Druid Groves, presently zoned partly R-l and partly R-2. The City Attorney read the request ~rom Mr. Olin D. Mims, Secretary, and l\1r. Myron \'1. Koch, Treasurer, of the church. The Zoning Board's reconunendatlon was that the request be granted subject to the right of the Zoning Board and the Ci ty Conunission to approve the locat:!.on, type of buildinc;, off' street parking provisions, etc., prior to the issua.ncc of' a buildinG permit. The City Attorney reported that a petition SiGned by thlrty-eifiht property omlerB had been receJ,ved protesting the erection of the church building on Block B, Druid Groves. A motion to quash \'lnS presented fl"om Mr. J\.lcx D. Finch, attorney, (1n the croundo that Ordinance 627 does not grant the Conunlso:':'on u~lthority to rezone property" that the request does not contain sufficient ~roundD fer a varying of the cxisting zoninG classification, and that tl10 request for rez(,nJ.nc is .i.nsuff'J. c:~cnt ',,-;ndcr Ord:tnance 627 as a basis for action. Mr. F~_ncl1 addressed the Conunissj,c.n c.xpla:l.nine; that he felt this should not be connidered a hardship case as the church dees not oml the property but only has a contract to purclluse. The City Attorney said he saw no objectj,nn in a person who has a contract to purchase coming in and as1-:.in[; f'or a rul:tnG on a hardship application based en a plan showing the type of buildinG to be located at a specific place on the lot. It was his opinion that this was not a legal appeal f'rom the BUilding Inspector's rulinG because the Buildine; Inspector has not had building plans on which to base a decision. He recommended 1n face of the oppc,s:Lticn that the pet:i.t:lon be denied, Reverend H. H. Hill, minister for the church, addrcGsed the Conuniss.l.on in support of the application, On the recolluuendatlon or tile Clty Attorney" Commissioner Roberts moved that the application (,f' rezon~ng of Block B, Druid Groves Subdivision, be denied in the race of obJectIon and also on the basis of' the opinion of the City Attorney that ~e cannot legally ccns1dcr !t at th~s time under the clrcumsta;lces. Motion \'ms seconded by Corrunissicncr Insco and carried un.a:lil1lously. " , ,:.". j' ", ,.; . : ;' i " '~ - '1 , l ",~ Commissioner Insco reported that he had met with the State Road Board engineers, the City Engineer and Captain Walter Carey to discuss an alternate routing for Route 60 since a left turn was prohibited at Cleveland and Fort Harrison from Route 60 to Alternate Route 19. He said their recommendation as a temporary measure for a six months' period was to bring the traff'ic on Route 60 from Gul~ to Bay west on Court Street to Fort Harrison (Route 19) as a temporary State road" and if the COlMllssion approves the recommendation, it would be necessary to pass a Resolution addressed to the State Road Department stating that the City will take over that portion of Court Street f'or maintenance. He reported if' the recommendation is approved" the State would send in a lighting engineer to review the traffic lights on Fort Harrison at Court Street. The Mayor pointed out that the part of Court Street between Hillcrest and Highland needed widening before handling more traf'fic. Commissioner Roberts moved that the report of' the Committee on traf'fic arrangements f'or Route 60 be received for further study by the Commission. Motion was seconded by Commissioner Insco and carried unanimoUSly. Commissioner Insco reported that the Parks Committee" the Engineer and Mr. Eddie Moore had met with the Maryrnont Association to discuss the playground planned in the area north of Gilbert Street. It was the Parks Committee's recommendation that the following items be approved -- fence, baseball diamond, backstops, removal of eight trees, seesaw, climb around tower and horizontal bars at an estimated coat of $2,,900.00. Commissioner Roberts commented that the Marymont Association had approved the items recommended and was willing to wait for the balance of the improvements until the next budget year. Commissioner Roberts moved that the City Manager be instructed to proceed with the obtaining of bids and the material necessary for that part o~ the items totalling $2,,900.00 f'or the Marymont playground area. Motion was seconded by Commissioner Insco and carried unanimously. The City Attorney read three letters ~rom Mr. H. D. Turnburke of Turnburke, Brock and Raines, the first stating that in response to the request of City ofricials" his firm had cooperated with Price Waterhouse and Company representatives by making available all of' its work papers and his firm's members had conferred with Price Waterhouse men a great many times to explain the City'S auditing procedures" etc.; therefore" he was asking a ~ee of $1,000.00 ~or the extra services. In the second letter; Mr. Turnburke explained that due to the continuing growth of the City more time was being required for proper audit of the City'S books and during tne 1955-56 fiscal year the fee of $6,000.00 per year was far short of reasonable compensation for the services; accordingly, he as}{ed an additional fee o~ $3,000.00 for that period. In the third letter Mr. Turnburlce asked ror an adjustment of his firm' s ~ee o~ $6,000.00 for the 1956-57 fiscal year and requested that f'or the 1956-57 year and subsequent years a tentative fee of $9,000.00 per year payable bi-weekly be established and at the close of the ~iscal year, the amount of' the fee based upon regular per diem rates would be determined) if the ~ee is less than $9,000.00, he would repay the City; if the fee is more than $9,000.00" the City would pay the difference. Commissioner Roberts requested an opinion as to whettler it would be legal to pay the additional fee for the 1955-56 fiscal year. The ~~nager was requested to check what the per diem charges would be under the new proposal. Commissioner Roberts moved that the Commission defer the letters for consideration to be brought up at another meeting as soon as we can get the information in order to arrive at a fair basis from both standpoints, the Auditor's and the City'S. Motion was seconded by Commissioner Insco and carried unanimously. - ~~.... ... I , ~-. f ,- '"', ~' " " I .. I .. ,."..'..:J ~.,!. '.: : .' .'. ~ .:, ,'.~- , ' " . .... ;,_:.........,.,... "',.... .'-.... ......."'._.,.,.... ./'4""'''_._'''''; '.' ,. , ~ ;! '. "'( ...: " .'.:~'."........ ....::.;~~~"; '. ':t ..- , , :~ " ~ ,.,. ..~ , ""I \~ .'..; ~ .' ',; \! "'. .' .' . . . ~ " " . .'1 ~ '" '~ ;,1 ;J ,.', J :',' '.,fl: .. , .. ~ "-':'~' ':.:'~r , . ~" '" ") .." ~~' . '. :. .~ , '-",; .~ -3- CI~ COMMISSION MEETING December 3lJ 1956 A letter was read from Mr. Robert WilsonJ attorney, requesting permission for his clients who have purchased a major portion of the lots in Del Oro Groves to connect to the Oi ty IS 8" water main on North Haines Road and a sl-;:etch was attached showing how the line would be brought east from Haines Road through property which is outside the City to the subdivision. The letter stated the owners planned to pave the streets but would like the City's ass~Btance in clearing and opening the short streets in the subdivision that actually abut on Old Tampa Bay. Mr. WilBon explained to the Commission that the subdivision was developed in 1925, that the storm sewers were still intact but that the paving had been removed by the City in most of the streets. The Mayor asked the Manager to cheek to see if any of the streets had been vacated. The City Attorney reported that Mrs. Urschel, an af'fected property owner, had telephoned that she was not interested in having the streets opened. The Mayor informed Ml". Wilson that the C1 ty would need an easement dedj,ca ted to the City f'or installation of the water main through the portion outside the City. In answer to a que~tion rrom the City Attorney as to how much of the cost of the work the City would refund on under a rerunding contract, the Mayor replied the policy was for the part of the lines inside the subdivision but not the trunk line leading to the subdivision. The City Attorney stated that the developers would not be required to sign an Ordinance 632 contract since the subdivision has been in the City since 1925 but if they do pave the streets, it will have to be done under City specifications. Mr. i'iilson said hi s clients were Willing to cornply with City specif'ications. By consent, the matter was referred to the City Manager for preparation for a water refunding contract to be submitted for the Commission's approval. Mr. Wm, Nodine, attorneYJ asked on behalf of his client, Mr. Charles L. Fisher, om!er of Lot 4J Block F, Boulevard Heights, that San Remo be paved between Gulf' to Bay and DeLeon Street. He stated that several preliminary hearings had been held by the City in an effort to have San Remo paved to Court Street, Turner or Druid but the property owners \'lere not favorable. He aslced since the City owns a small park across the street and is the only other owner concernled~ that the City pay one half of the $lJ600.00 paving cost estimated by the City Engineer. It was pointed out because of the triangular shape of tbe lots, the City's portion of the paving would be smaller than that f'or Mr. Fisher'a property. Mr. Nodine offered to pay on the basis of lineal f'eet of curb. The r~yor suggested authorizing the Manager to advertise for bids and determining how the project is to be assessed at the time the bids are received. Commissioner Roberts moved that the City Engineer be authorized to ask for bids on the curbing and paving of that part of San Remo f'rom Gulf to Bay to DeLeon Street. Motion was seconded by Commdssioner Insco and carried unanimously. The City Attorney re~ga petition from Mr. Thomas Hamilton on behalf of res~dents living in the vicini ty o~"3DO block of' East Pine Street to revoh:e the building permit issued by the City Building Inspector to Larry Dimmitt, Incorporated, on December 20, 1956J to build a metal building at 510 East Pine Street (Lots 8 and 9 less the west 54.10 feet, Block 3, Wallace Subdivision) as such permit was issued two days after the City zoning ref'erendurn passed to rezone the property to R-4. The City Attorney read a memo he had \'lritten to the Commission Which stated that the building permit was issued at 9:00 A.M. on December 20th and it was issued pursuant to a complete application which was filed with the Building Inspector on December 17th, 1956, and pursuant to action approving the same by the Conmdssion on December 19th, It was his opinion that Larry Dimmitt was legally entitled to the issuance of his permit because the rights of the applicant were determined at the time he made a complete application on December 17th. Mr. Harrdlton spoke in f'avor of revoking the per.mit. Mr. Wm.Driver, attorn~y, cited several similar cases in Florida cities where permits had been revoked after a zoning change. Commissioner Insco moved that the Commission take a five minute recess. Motion was seconded by Con~issioner Roberts and carried unanimously. After checking the cases cited by Mr. Driver, the City Attorney's opinion was that those cases were not pertinent. On the basis of' the City Attorney's opinion on this matterJ Commissioner Roberts moved that the petition for the revocation of Dimmitt1s building permit be denied. Notion was seconded by Commissioner Insco and carried unanimously. The City Manager read a memo from the Zoning Board recommending that Highway Plan MR-l governing proposed right of' way wj,dths and building setbacks in the City limits on those highways be accepted and that the recommendations or the Planning Board be referred to the Commission for its app~oval. The City Attorney reported that such setbacks would have to be included as an amendment to the Zoning Ordinance. Commissioner Roberts suggested putting a copy o~ the l~mitations in the Building Inspector's office and have him call the owners! attention to get voluntary cooperation. The City Attorney said he would prepare a Resolution including the setbacks which would give notice of proposed right of ways and put the property owners on notice. By consent, the City Attorney was instructed to do this. The City Manager presented Resolution 56-43 which-would require seven property owners to clean their lots of weeds and undergrowth, Cornrrdssioner Roberts moved that Resolution 56-43 be adopted and the proper officials be authorized to sign this. Motion was seconded by Commissioner Insco and carried unanimously. ,-~. S() / " f , ;, i f. . '.. '., .. .... .' " ,". f,'.' ,,' ,.,.'. , ' ,,-' .'. q ", ~" ';, ' . , '-, ,",' ",";' /':'~l"';z<'::~t.";)r:)'~~W~'K' ' , _ . ,._", '. .'_.,,', ~,~ ~,,_~.~ _:.._2;~'J;, :;/,;~~;i~)~::~ii~i~L~i~~~:1{S1f~~~~4i~~~t~";" " ',.....' . 1..'.....,.".jV.,,,,,:-.', '." . . " ~>.:~4_'~'_. ,_I.~ .._'~... 50l- 4' , -4- CITY COMMISSION MEETING December 31, 1956 The City Manager submitted a work order for $2,687.48 which included six water main extensions, one gas main extension, $800.00 for sidewalk near Clearwater Senior High School on Gulf to Bay, an atlas for house numbering at $170.00 and installation of l~ ton air conditioning window unit in the Assistant City Manager's office at $250.00. A copy of the list is included in the following pages of these minutes and by reference made a part hereof. Commissioner Roberts moved that the work order as submitted by a list from the City Manager be approved. Motion was seconded by Commissioner Insco and carried unanimously. The Manager presented a statement from Mr. R. B. Norton for his services as Right of Way Agent for Myrtle Avenue. By consent, the statement was received and the Attorney was instructed to set up a meeting of the Commission with Mr. Norton to discuss the statement and the progress of the work. The City Attorney read Resolution 56-44 which would adopt a map containing the official names of the streets of the City as prepared by the City Engineer and approved by the Commission. Commissioner Roberts moved that Resolution 56-44 adopting an official street map of the City of Clearwater be adopted and the proper officials authorized to execute. Motion was seconded by Commissioner Insco and carried unanimously. The City Attorney read on its first reading Ordinance 728 which declared the City'S intention to annex into the City that portion of Druid Manor Subdivision which is now outside. Commissioner Roberts moved that Ordinance '128 be passed on its first reading. Motion was seconded by Commissioner Insco and carried unanimously. Commissioner Roberts moved that Ordinance '728 be considered on its second reading by title only wlth the unanimous consent of the Commission. Motion was seconded by Commissioner Insco and carried unanimously. The City Attorney read the Ordinance by title only. Commissioner Roberts moved that Ordinance 728 be passed on second reading by title only. Motion was seconded by Commissioner Insco and carried unanimously. ~ 'I , , .'.. . ~", ,.:.1: ~: '.-~: i':;..~~, ,~,:/::';:..'~I;:' :'>..~ ;~,:~~~ Commissioner Roberts moved that Ordinance 728 be considered on its third reading by unanimous consent of the Commission. Motion was seconded by Commissioner Insco and carried unanimously. The City Attorney read the Ordinance in full. Commissioner Roberts moved that Ordinance 728 be passed and adopted on its third and final reading and the proper officials be authorized to execute it. Motion was seconded by Commissioner Insco and carried unanimously. The City Attorney read on its first reading Ordinance 729 which would define and make illegal the offense of operating a vehicle at a speed greater than 1s reasonable and proven under the conditions existing. Commissioner Roberts moved that Ordinance 729 be passed on its first reading. Motion was seconded by Commissioner Insco and carried unanimously. Ordinance 730 which would define and make illegal the offense of "following too closely" was read by the City Attorney on its first reading. Commissioner Roberts moved that Ordinance 730 be passed on its first reading. Motion was seconded by Commissioner Insco and carried unanimously. The City Attorney recommended approval of an offer f'rom Miss Elsie Duncan to exchange a sanitary sewer assessment of $148.2'7 for a thirty foot strip and a sixteen foot strip and a sixteen foot strip of land from Druid Road south to the City limits which she will dedicate to the City as right of way for Keystone and Yelvington Avenues. Commissioner Roberts moved that the assessment for sewer improvements on the ~roperty of Elsie Duncan described as the north 120 feet of the north 330 feet of E2 of W~ of SW~ of SEt less west 283.86 feet of east 313.86 of north 193 feet, Section 14-29-15, in the sum of $148.27 be cancelled and the cost thereof be assumed by the City contingent upon the delivery by Miss Duncan to the City of a dedication of right of way for the extension of Keystone and Yelvington Avenues from Druid Road south to the City limits. Motion was seconded by Commissioner Insco and carried unanimously. An agreement with the Atlantic Coast Line Railroad was presented by the City Attorney in which the railroad agreed to permit dredging by the City under the railroad trestle in Stevenson Creek. He explained that he had deleted from the paragraph relating to the City's liability the responsibility for claims in the future after the work is completed. Commissioner Roberts moved the approval of the agreement with the Atlantic Coast Line Railroad concerning the dredging across the Atlantic Coast Line right of way beneath the trestle at Stevenson Creel{ as amended and the proper officials be authorized to execute the contract. Motion was seconded by Commissioner Insco and carried unanimously. The City Attorney said Commissioner Roberts had requested an opinion on the right of. the public to use the beach area on the Gulf side of Clearwater Beach between the water and the high water marl~. It was his opinion that the basic rule of law in Florida is that private ownership of land adjacent to navigable water stops at the high water mark, therefore, the area from the high water mark on the beach into the Gulf could be used by the public for navigation, fishing and bathing. The Commission received the memo concerning the opinion by consent. -........:.-- I. ~ r r ! I, 1, " f ':-'" I., " .;,', ! ',.'.. > .,' :;; <~./!.<.~,~~: !i~il~5~,,: .' '-. . ." .' '. ;,... v::'''i., ~,)...... \0. .)~~' ~ ,.' .~...' '""....'" - .- ... 0; _ ,...,.,' -. t. .. ., Ii' " '<Jl,.f:1 ,l~~:.1.'~f..}~ftt~~bS\~l.~\'J!r~t.'1:;~.~'!:'l'''>''.. ,~',~~:i ': ~\Jt, ~~~i'F':! "f.~'";:t..?-t;,V' z;~~ "'..f. "(Jb,~:t~;;~"~~~{l~ ~1'~;~~l~~~~'t ~,'i~1~~wt1~~~q~r~~W~54 t~ ';';;;:~~I#i,~,;;jc~~i;';i" ';' 7/" ""l~~ji~}i~'1';);"; .,ikX -5- CITY COMMISSION MEETING Deoember 31, 1956 Commissioner Insoo moved that the City Attorney be requested to furnish the Commissioners with oopies of all written opinions given by him whether requested by the Commissioners or by one of the department heads. Motion was seoonded by Commissioner Roberts and oarried unanimously. Commissioner Insoo moved to adjourn the meeting as the City Commission. Motion was seoonded by Commissioner Roberts and oarried unanimously. The Commission now adjourned as the City Commission and aoting as Trustees of the Pension Fund admitted Robert Hulett, Patrolman, Polioe Department,to membership in the Pension Plan on a motion by Commissioner Roberts whioh was seoonded by Commissioner Insoo and oarried unanimously. There being no further business to oome before the Board, the meeting was adjourned at 4:40 P.M. Attest: .. ~. " .., ,;.,.:,.'. ,I, ''':':,' , '. ',~:::' ,.,;. ';i:' ',~ > :.)~.:~.~~. ".,~.,~ ~,..~:., .."", ""':'Al~~:~{}~~~.:j;(~?,~j~t~~~?;:; . ' :'i:\~~f:~~ill{Si;iL:,J>,.;~ :~y~,v,.,.'L;,:;:,::,:"~.:~~; ~,.,,> ''', ~~:: ~J' .'; 't;;: . \'" '~i~\f",J~~~Lm' ';~:\M~~MJ;~{;;:~~~/1;~', ", """1'" .r.,)')Ir,H,,',.... ';~l1;'~~\;~ii~!#\;,(a, ': ?;::ffl~~I~t:l~ . ,.' . '. ' \.. .. .... "t':. '".." . ~:;,!i~~tilll!!;; \:"7'. l~. '" ,\ , ~~. < .,:"'.' " : .' , .~~. ...:...... ";lc~",,~,~,,:~:.[.'."".f.:.;:....;:....:.:;.. ',::::...::;:;..;i:;.: ,..;.;;.,..".,...,.. ,. .., ...:...,.... '....;..t'..,.. Cr'l'Y COMMISSION MEE'J.'I NG December 31, 1956 .('N/ vL,,'r' December ~7, 1956 Mayor Comilli::lsioner Herbert lIi. Brown Gent lemen: the Ci t~ Commission will meet in Re,c:.ular Sess ion on lJIonday af\,ornoon, December jl, 1956 in ~he City Hall Auditori~~ for Uhe purpose of discussin~ ~he items listed on ~he atl..uched agenda. Meetin~ time will be ~t 1:)0 P.M. Very truly yours, /s/ G. B. Weimer Acting Cit y ililanager Conunissioners: W. E. Str~ng, Jr. J. N. Bohannon Cleveland Insco, Jr. Samuel J. iLobert.s Enclosures GB\\l:s Adjournment. Commission act.ing as f~rust.ees for the Pension Plan. 3. 4. 6. ------------------------------------~---------~--------------------------------- Agenda - City Commission Meeting of December )1, 1956 City Hal] Audit.orium 1:)0 REGULAR 1. 2. Invocation, Rev. Burton HilLon, Chapel by the Sea, Cledrwater Beach. Approving the minutes of Lhe Regular Meeting of December J, 1956 and the Special ~eeting of Dec~nber 5, 10, 14 and 19, 1956. Public Heavir.gs: A. 11.4.;.: ue st/of' I-1r. E. P. Bun:. on on be half of ~1r. J. J. Siromo ns for a set bR c k of fifteen feet from Iris Street for Lot 1, Block A, Replat of block 2~ Mandalay. (Qoutheas~ corner of Bruee and Iris). B. Request. of ~~. George B. Cassell for Mr. J. J. Sinmons for the following setbacks: 1. Fifteen foot set.bock from As~er Street far Lot 5, Block A, Replat of Block 25, j.lanadalay. (r~ortheast corner Bruce and ASt.en). 2. Fifteen foot setback from Eldorado Avenue (Jessamine Circle) for Lot 10, Block 51 Mandalay. (~orthwest corner Eldorado and Mandalay). 5. C. Request. of !fir. Geor;;e B. Casse~l for r.lr. John Cosgrove for setback of fifteen feet from Lmuana. for Lots 7 am 8, Block 45, Mandalay. (North- east corner Kip1dlmg Plaza arId Lam,ana) D. Request of Church of the Nazarene to erect church buildir:~ in Block ~, Druid Groves, presently zoned partly R-l and part1y:rR-2. Commission's considera~ion of: A. ~raffic Report. B. Report on Marymont Play~round Area. c. Let~er from H. M. Turnburk. D. Letter from Mr. Robert ~. Wilson, Attorr:ey, with reference to Del Ore Groves water cor!nec'tions. E. Lett.er from IJlr. W,illi:am~,E.. Nodine, Attorney, with reference to paving portion of San Remo AV~nue from Gulf 'to Bay to DeLeon St. F. Petition to Revoke Building Permitl G. Recommendation for Hiehway Plan NR-l. H. Lot Mowing Arplications. I. Work Order approvals. J. Statemen~ from Right of Way A~ent for ~yrtle Avenue. Commission's consideration of items from the City Attorne1dOffice: A. " Resolution approving Street lvlap. , B. Ordinance defining and makin~ ille~al the traffic offense of "Following ~oo close.ly." C. Ordinance def'ining and making ille !J;al t he offense of operating a vehicle at a speed great.er t:.haD is reasonable ~n.'(i :'proven under the conditions exis~ing. D. Exchange of street right of way for abatement of special assessment with Miss Elsie Duncan. E. Report on asreement with ACL Railroad concerning dredgin~ beneath S~evenson Creek trestle. F. Opinion as to right of public to use beach ar'fl& between Gulf' and high WC:l.ter mark of' Gulf'. G. lntention to annex portion of Druid Manor 6ubdivision. Any it em not on the agenda wi 11 be considered wi t.,h the consent or the CommissiOTle ~ ~~ --- ...~ ,.,::-;;;\:,":.~~.~.,..,....':,:: .... rc: , ": '; ,j :~. , . I.'....;::... .,t.,.:':.. c.. ">;!~ :;:\:', , ,."" ' f:j1'~:H{~~~ti~*1;~~~;i~~::~~~~~:s~il Zoning Board City of Clearwater Clear~ater, Florida Gen't.lemen: December 11, 1956 6C<5 _,.. '.1 ,.., CITY CO~asSION MEETING Deoember 31, 1956 12/14/56 '1'0 FroDl Subject Mr. Gerald Weimer, Aoting Cit) M~nager Mr. o. H. Anderson, Seo'y. Z~n1ng Board REQUEST OF J. J. SIMMONS {::.:;t l~ Block 51" Mandala,) It is the recommendation of the Zoning Board that the application ot J. J. Simmons for a 15'set back on Jessamine Cirole for Lot 10 Blook 5~, Mandala, Sub, be grwlted, ~or the reason that oonstruotion of a suitable residenoe would be impossible on the 691 corner lo~ ~f the 25' set-baok were required. At~~ched hereto is ori81nal letter of request with sketch. Deoember 11, 1956 I .. I ~': OHA: bk --~---q---_.---_.-~.---------------------- ---------------------------------~- Zonil1g Board City of Clearwater Clearwater, Florida Gentlemen: Inasmuch as the pr9sen~ zoning ordinance calls ~or a 25 foot set back rrom the fron~ or side .treet, ~t is necessary to have a hardship ruling in order to build a house on a 60 ~oot corner lot. Therefore, I request a set ba.ck or 15 fee~ be granted 011 Jessamine Cirole, or ~e south side of Lot lO~ BLOc.E 51, Mandalay Subdivision,8s per enclosed sketch, s~nce all the existing residences are so located and no harm will resu1t to any property owners. ve7 sincerely yours, /s George B, Cassell for Joseph J Simmons G:BC:mq. onel; -----------...-.-- --------~---~-------------~-~----~----------------~-------~--- To From Subject Mr. Gel'ald li e:i.mer - .Acting 01 ty Manager Mra C. H. Anderson~ Seo'y REQUE~T OF J. J. Simmons, (Lot 5, Block A of a replat of Block 2p, Manda lay) I~ is the recommendation of the Zoning Board tha~ ~he application of Mr. Simmons for a l5' set back on Aster Street for Lot 5, Block A of a r~plat of Block 25 of Mandalay Sub. be gran~edfofhe reason that it will conform with existing buildings in ~he area. 12/14/56 Attached hereto is original letter of request with sketch. OHA : bk ------------------~------------------------------------------------------------ Inasmuch as the present zoning ordir.ance calls for a 25 foot set back from the fron~ or side s~reet, it is necessay Co have a hardship ruling in order ~o build a house on a 70 foot corner lot. Therefore, I request a set back of 15 feec on ASTER Street be granted on LOT 2, BLOCK ~, of a kePlat of Block 25, Mandalay Subdivision, as per enclosed sketch since all ~he existing residences are so located and no harm will result to any Iropert.y owners. GBC:mq Ve~ sincerely yours, /s/ ~orge B. Cassell for Joseph J. Simmons ----------------------------------~------------------------ ~._------~---------~ '1'0 Mr. GeralEi "Weimer - Act.i ng Cit y Manager From .Mr. O."H.. Anderson, Secfy. Zoning Board Subject REQUEST OF EDWARD POI BURtON ( Lot 1, Block A Replat of Elk #25. Mandalay It is the recomrnendatiion of the Zoning Board 'Chat the application of Mr~ E. P. Burton ror a 15' set back on Iris Street for Lot 1 Block A of a replat of Block 12/14/56 Sub Continued llll._'f'_ _,;,~;."-.:.o.",,,,,,,,,,; ;"".:t'~, _ "]~~~j~~![: bA 'J,;f&;~1:;~i'\' c~ ,?'(;i;'~'i}',:::;: ':;,":: ' ,: "':~'~{'.:~l' ,: .;~/:~:,< <0 :',; .' '.) , ' ': '~. v.' ;~( ...).'t~~ii', ~~:...,. ;;>'~;. . ,::.:,:,..::.;.:'::::-:,::,.;""':.'.1. ;~ ~.::~. '..:/ ;"..~:; .:' \" '~,::. 1';-:';" -.-- :' '; , ' :. . .1..."".\' ,..,tn,.....,:. ',' ;~~\./::r$}'}~,.,... :~, ,', . ::'. ~ :,( a' ;",/.', ,'-" __~___'~~~______~___,...--,.---____.r__~r__~~~___ .:~. j... ~ ' ': ,\ ;: "~ 1 :' ~~'"~;~~ t.~~.~:;:~,~:~~..~!:1~~\y:'.:'.j~~t~~:: ", i.1 (.'" -' " .... ." .... .'... .' .' '.. ,,?$;;(:?i~),liiid~~~i;.\1(~J~~~~~~~.;: .~: ,......., /'" ~ . (,j O(:/l~(' , :.~_.":. '..,'" .....'.....", .~;. ". ,._ ' >.... ';.~' ,"" :....... .J_...._...~..". .-..~.,.,......', ,', CITY COl4MISSION MEETING December 31, 1956 Cont inued 25 of Mandalay Sub. be granted, for the reason that it will conform with existing buildings in the area. Attached hereto is original letter with sketch. OHA:bk -------------------------------------------------------------------------------- Wed. Nov. 14th. 1956 Honourable Members of the City Zoning Board and Commissioners of the City of Clearwater City Hall,Clearwater Gentlemen: c/c Mr. Joseph J.Simmons Su~plementing my letter of November 3rd.1956,am enclosing a more detailed plat (traced from City Plat Book) of Lot # 1,Block A, Replat of Block # 25, 14andalay Sub-Division,Clearwater.Beach, and the surrounding property containing homes built thereon. All,so far as I can de~ermine without a survey, have only a 15' setback upon Iris Street (unpaved) from building to proFerty line,which is all that Mr.Simmons is requesting. By the same token,all have a 25' or bet~er setback from Bruce Ave, which Mr.Simmons,plans and expects to abide by. Res~ectfully asking your consideration of permisaon of 15' setback on Iris, I remain, Very truly Yours, /5/ Edward P. Burton Registered Real Estate Broker 39 Baymont Street Clec1.rwater Beach, Florida -------------------------------------------------------------------------------- '1'0 From Subject 12/14/56 i>1r. Gerald Weimer, Acting C,i ty Ivlana~er Mr. O. H. Andersen, Sec'y. Zoning Board REQUE:J'l' OF ;r,YRON KOCH (CHURCH OF '1' HE r~AZAHENE) It is the recorrmenda~ion of the Zoning Board th9,t our reco~aendation of November 9~ 1956 regarding che above reouest will s~and as is. OHA:bk -------------------------------------------------------------------------------- December 12, 1956. ~o:- City Commissioners, Cle~rwater, Florida. Ger.tlemen: Wejthe undersigned, Secretary and Treasure~, respectively, of the Church of the Nazarene of Clearwater, a Florida non-profit corporation, do hereby state that the congregation of said Church desires and has contracted to purchase from Joe B. Dean, Nellie C. Dean, Cecil E. Gates and Frances Gates, the premises ly~ng in Clearwater, Pinellas County, Florida, bounded on the ..Nar- th by Druid Road, on 'Lhe South by Jasmine Way, on the East by Lake Avenue \:md on the West by Crest Avenue, and described as:- All of Block "B", DRUID GRO~S SUBDIVISION, According to map or plat thereof as rlecorded in Plat Book 15 page 46, public records of Pine llas County, Florida, . provided the said prernisc::s can be used by us for normal church purposes. We are informed tha~ the said plot of ground is now zoned R-l and R-2 and that the City Zoning act prohibits the use of said property, as now zoned, for Church purposes. We, therefore are requesting your honorable board 'LO change the zoning of the above described property, so that same may be used for Normal Church purposes and uses, and are making this request under the hardShip provisions of the City Zoning Act. Respectfully yours. /s/ Olen rr: !.Ums /s/ Myron W. Koch Church of the Nazarene of Clearwater, a Florida non- profit corporation ---------------------------------------.---------------------------~------------ a""-~ "-- ,~:i:.: !~:~:: ::~.f; ~.. ";,,., I>"'" I - I I .. II ! ' I " t ' I t . " I I I ,'"', . ~, " . . , '. '" :" ~< >, , .,\:. ~ "'.'. '':,:', ':'1 .,~. ::.~ ';'.:: ",.'" ;;,..:~,:.,", ,.." CItj,'Y CO~1ISSIO:N MEE'l'ING December 31, 1956 /'" (\:" (?j'! -, h'- (II~]~; L~..;:.'" ~. "'_'.l ::?Y':?;,::~,~; G) '\1('1." " , ':,:~', i,' ;,.. '.:~: r'''<ld.;i , , , ' '.... " .: ' " I T0: City Commission of City of Clearw,ter, Florida RE: Request f'or"re-zoning of Block "B" of DrWf Groves Subdivision From its present. zoning of' Hi and R2 to R4 zoning reclassificat.ion. ;1101' ION 1'0 o.UAS!i Comes now t..he property o'Wners and resident.5 of Lhe area in t.he vicinity of Block "B", Druid Groves SubdiVision and move this Honorable Commission to quash the petition and request for re-zoning of the above referenced property and as grounds therefor would show unto the Commission as follows: 1. '.L'hat Ordinance 627 of the City of Clearwater, Florida, does not grant to t.he Corrunission autlJority to re-zone 'the property but. oriy the power to vary exis~ing zoning upon an application presented by property owners. 2. '.i'hat \.he request for re-zonin',: does not contain suffieient grounds for a varying of the exi~tin3 zoning classificat.ion of the above described propert.y as provided in said Ordinance 627. 3. 'l'hut t.he request for re-zoning is wholly insufficient under Ordiaance 627 as a basis for any~t.ion on t.he par~ of t.he City Commission to grant the relief souf;ht. F'INCH AND [.!OSLEY /s/ Alex D. Finch Attorneys ac Law J08 South Garden Avenue Clearwater, Florida ..-~-~-----------------------------=-----------~--------------------------------~~ !if.; S01Jl1' I Q.~ 1\0. 56 - 44 A RESOLUTION ADOPtING A ~~p CONTAINING THE OFFICIAL STREET NANE~ OF {HE CI'1'Y OF CLEARWATER, FLORIDA ~lliEREAS, Che City of Clearwater has herecofore by resolution dated January 2e, 1952, adopted a map containing the ofricial street names within t.he C ':'ty; and, WHEREAS, it is desired to adopt a new map containing the names of streets installed or developed since t.he adoption of said map and changing the names of certain streets for which there are more than one street having t.he same name or similar names; and vlHEREAS,the power so ti 0 10 is :>;j ven t.he City by virtue of Section 1}4 of the Chart.er of the City of Clearwater; NOW, 'l'HEREFOHE, BE I'J.' ltES01VED BY THE CITY COMraSSION OF THE CITY OF CLEAR\~A'l.'E;R, FLORIDA, in sesuion duly and regularly assembled, as follows: 1. That it is to the advantage of the City to have a map on whi ch there appear 5 the of.ficially adopted names of t. he street s of the City of Clear- water, Florida. 2. That t.he map prepared by the City Engineer and approved by the Cit.y CommiSSion, designatied "MiiP cont.ainin; official names of the streets of the Cit y of Clearwalie~, Florida, as adopted December J 1, 1956", which is by reference t.hereto made a part of this Resolut.ion, is hereby adopted and confirmed. 3. That an original of said map, so designated and signed by ~he Mayor-Commissioner and City Audilior and Clerk , shall be kept on file among the records of the Cit.y Clerk and as ,such shall constitute the official street nallie map of the City of Clearwat.. er. PASSED AKD ADOPTED, t.his 31st day of December, 1956. /s/ W. E. Strang, Jr. Acting f4ayor-Commissioner At.Ce st : /5/ R. G. \~itehead City Auditor and Clerk ------------------------------------------------~------------------------------- F E'lT!' TON We, the undersigned, residents and/or property owners in the vicinity of Bloc k "Bn of Druid GrG~es 0ubdivi sion locat.ed on Druid Road in Clearwater, Pinellas County, Florida, object. tiO and please consider tihis as our protest to tihe erect.ion of tihe Church of ~he Nazarene on Block ftB" of Druid Gr-oves Subdivision. Signed by 38 persons. -----------------~----------------~---~--~~~-~-----------~---------------------- . ~' , ....he _T _,~. ---.-. .-- I': j .. f ,", i. !.' i ,I r ,'; , , .. I, ~ j ,,'. ,",' , i ) , ',,' t , <' ,"' f" . >'., .:~ :."'/.';'", i ~~d~\;j:i~;j~-~~~(; ,-; :i~,Y--'~ ;.J!,I~f"r;"l~~ .JI I ~I 'I;!}'~ t ;.,l'tH,~1.H;. ~f" ~t~: \~~'l:...~;!~f:.J\~~, \'.' ..~, ~.{ :~, . , ' " , ~1%7i~~i~,~~:(~;:;;" ',." . ~"~',~.~t:i:~;:;..:.;.....':..;:..:.".,,;..:.:t':',~~,:'..~ ,.:....~,:. ~...:.. -' '",' _:r~" - , - ," '. ...... ",.:"f~;: :.1, ",.." .: .',. ,- ',' " .' ,'. '. '. ._, .......~ _d. .., ,,, ...'~._ ..~..... ,~.... . .. . . , , , __-. ~,__O,.. . .., '_J'. .~ ,... /' >'] () ~L~ CJ CITY COMMISSION MEE'.J,'ING December 31, 1956 ~y" A',l'ER MAl NS 1. Q","". "\,' ." , ..., ,"",-:"1"0' 200' of 2" \'later main on Poin.'3ettia bet'Ween Juanita Way and Royal Way. to connect existing 2~" \'later main. Approximate cost ~lg9.00 2. 168' of 2" 'Water main on t.he ~es!t side of' the Mall south of Union Street. Will connect to ~he present 2" main on the south side or Union Street. Approximate cost ~165.00. Will serve one other connection. J. 140' of 2" waLer main between Jurgens and Pa~ne~to west of Penn. Ave. '1'0 conIlect. existing 211 wal.er main. AF'Proximat.e cost 'it'l37.97. lIil1 serve seven other connection~. 4. 255' of ~" 'Water main bet-ween Cleveland &. Laura Street, east of Osceola. '1'0 connect existing l~" 'Water main. Approximate eost ~334. 69. Will serve ten other connections. 5.' 204' of 2" 'Water rnain on Sunnydale Drive, west of Edgewater Dri va. 'fo connect existing 6" wat.er main. Approxirnf'lte cos~ ~213.7a. Will serve five other connec~ions. 6. 200' of En \'later main f'ran San Remo, west on Laura. To connect exist.in~ 2" water mai n. ApFrmdmate cost ~,210.00. GAS - 1. Jl$' of 3/4." gas main on \\~ashington Ave. south off Cleveland Street. Connect exist.ing 4" gas main. Approx. cost ....217.04.. Serve 4. other connections. V.iAIN'l'ENAr\CE 1. 11-,000 sq~ ft. sidewalk - Clearwater Sr. High. Approx. cost :jj;SOO.OO. j/.I;,j8 . - 1. Atlas for house numbering. A.pF-'rox~mate cost ~170.00 2. Installation o~ l~ ton air conditioning window unit in City Manager's office. Approximate cost ~250.00. Total .jf;26S7. 48 ------------------------------------- ------------------------------------------ December 26, 1956 Board of Git.y Commissioners, City of Clearwater, vlearwater, Florida. Gent 1 ellle n : I~ is very appar ent t.o us at this time that the t.irne and ef'fort re~uired for our auditing services f'or the City's fiscal year ending June 30, 1957 will jus~ify a fee considerably in e<<cess of the fee basis of $6,000.00 a year established setveral years ago. Accordin~ly, we should like to presenL for your consideration our request. ~or an adjustment. of t.he basis o~ our f'ee along the following lines. We have advised you in a separate corlL'11unicat.ion that a f'air and reasonaole fee for the audit work f'or the fiscal year ended June ,30, 1956 is ~9,OOO.OO, ;nd at ~his mid-pear point it is very evident that. the volume of financial transactions for ~he fiscal ye~r 1957, and therefore the audit work pertaining thereto will be grea~er t.han for the fiscal year 1956. One diff'iculty with whichWl have been confront.ed ever since 'the close of' World War II has been the .fact that our audit. fee for each f'iscal year has been included in a budge~ adopted prior to the beginning of ~he year to be audited, ~i~hout regard for the increase in work resulting from the :increased growl"h of' the City wlilich would be involved. Under date of' February 18, 1952 in a 1et~er addressed to Nr. Francis ;\1iddleton, then City Manager the writer su,;gesr.ed that inasrnueh as the extent of' the audh. 'Work bore a close relationship to the amount of Lhe City's e~pendiiures, a f'ormula be agreed upon as a ceiling for the audit fee, but Lhat in any event ~he fee would be ba5~d on regular per diem rates which could re~lt in a fee less than the ceiling amount. In the letter referred t.o, the writ.er stated "I should con sider one-half of one percent of'the City's total expenditures sf every description for the fiscal year, excluding principal and interest payments on all bonds, revenue cert.if'icates and ot.her City obligaLions, as being a fair and equitable basis .for the determination of reasonab1e compensation fer the audit services." I underst.and that this suggestir.n received favorable \,;on5idera~ion by ~he Cit.y voml1lission at that time but was never formally approved and therefore never placed in effect. As we have been at all times in the past, we wish to be entirely fair with the City, and are confident t.hat. t.he City official~wish t.o reciprocate. In order to Continued .' . I'W' ----...: -----, ' '- . " I ~ . i ,. .' 'I~' '., " . i'.. ' .,,~, . ~" ......,., 1'::. .....~-'.':1; "', :'.:;1 ;,1<: ~.~.:.:: ' .' , '~:;;;';)' ~." ',.':~~,;! .<">;:'t.{.~'::~'::~YFt,:~,~'~:~~~yr '.. ." .~. :. ;:. \,' ,,!1tJ11:;;;Z:<,::.C~;i'''>~':::':;';'''':''.'~""'' ....'"".{:. . .' ...':-., '. :, .,...,;..,:.,';~L",~:;~L~..L~~l:~t!~,,~:;;;;j,~:~i;~~~;;b~~;,;j~l~:*(i~~tt~l,i~~~~ill~~~~~?l~f!i~'';.;~;,;., , ~ .'.~'.. ',\ CI'l'Y COI/!4\lISSION MEETING December 31, 195e permit. a rnuch-n~~ded fle;<ibililiY in t.he audit fee t.o accolllodate the variation in tirlle and effort required on the work, we resf,ect.fully request that. our audit fee for Lhe fis<.lal Y~8r anditl8 June 30, 1Q57 and subsequent. yertrs be determined as follows: 1\ tenative f'ee of' ~9.000.ro per year piyuble bi-w...:ekly, we to keep complete :Jnd .;:Jccuralje t.ime records of t.he t.ime required on L.he vJork. After th(~ close of l..he t'iacal,~'.oi..tr :andvthe deliv0ry of tho .:lumt report thereon. we shall ~dvise t..he City of the amount. of' l.he fea based upon rC.r';ul~r I-'er diem rates applied t.o l. he LOljal t.irne devotf..ld l.0 l.he ye',r' s work. If t.he fee det.ermined in this /Ilanner is 1e135 ",l1an 't/9.uGO.OO, WfJ shall repay t.o the City t,he amount of excess fee r'ecei vea, and if l. /'B fee del.ermi.ned upor. t. he basis s'L~t,ed is in e'C8SS of ;;,~I, 0UO. 00 t.he C i \,y will ray our f ir'rn L.he diff p-rence. 1/'ia believt~ t.his aIran~emetlt wi 11 be eminent. ly 1'a ir ~I, d ju~L. bo~h to t,he G it.)' an d to our firm, and a~5ure you that ~"e shall a'L all die s endo('lV01~ loO accocnpli:.3h t,he auriit in t.he vflry least ~Lle consist,cnL wil:.h t..horour,h ',nd efficient vJork. Flanse be as~ured t,h~lt we ~)I'D 're::lL.ly irtel est.ed in conlinuinc; to serve the Cit.y a;s 'its .Jpecial audit.ors ar.d value very hi",;hly I:,he confiderce which the City has rlaced i~ us ove~ Lhe years. Yours very t,ruly, LU~~BU~~E. BkCCK ~NJ kAl~ES /s/ H. i:'. 'l'urnburke H~.,'i' : jm ------------------------------------------------------------------------------------ Bog rd of Ci ty eommis sioners. City of Clearwat.er. Cle ,Jrwat.,ur, Florida December 26, 1956 Ger. t1elllen: As \'ie 3c'e 5 ure you realize I l. he substar tial ar,d concir:uin(S T')\'l th of the Cit,y '::':1.'.rir.'- l.!1t) past. fe\'I years has recess'<Jrily been ac'~mranied by a similar growth in the volume o.f \-he Ci~y' fir.ancial crar.srlctior.s. 'l'his in turn has result.ed in a subsc.aritially ir:crGased amount, of t.ime and effort renuired to be deV'ot.ed t,o th~ profer audit of the City's books and records. '!Ie found t..hat. i'or the i'iscal ye"r ended June :30, 1955 the thie reauired for t. he a ud it work of 1...hat ye::lr exceeded our fee. However, v~e decided to con- t.inu8 t.hrmqh anor..her fiscal year at. 1:.hG S:Hr.e fee before requestinrs the City for an adjustI!"ler.t.. Upon t.he conclusion of our audit for L.he fisc~l year ended June :30, 1956 and the submission of our rerort, t,hereon, we have determined th~t 'the fee vlhich we have received for this work is far "hort of a reasonable anlounL of compensation for our services. The present fee is ,.6,000.00 per ye~Jr and \'JAS fixed at. l.his amount se11eral ~ears a.l;o. Based upon del.ailed t.ime records which we imve maincaited" a fee of ~9.000.00 for our audi~ing. consult.a~ion ~nd sY~loem revision services for the .fisca 1 yei.~l' ended June 30, 1956 l!Jould be rea 5or,able. v,le have er.deavored at All tiu:es to render l.horour;h and conscientious services vo the City, and we feel t.hat 1:.he City unquestionably has received more t.han full value for t he sum of 4.9,000.00. Accordingly, we respect.fully reques~ your favorable considera~ion of t:.he adju.:;cme nt. of our a udi" fee for the fisca 1 ye ctr ended Jun e 30, 1956 in line wi th t.h e amount. which we have SL.a Led herein. Yours very'truly, 'J. UHI\BUHK, UlLOCK Arm HAINES H~.l'J. ; jm / I H .T 51 . .'1. 'l'urnburke ------------------------------------------------------- ----------------------- Board of City Commissioner s, City of Clearwfl'tet; Clearwater, Florida Decelliber 26, 1956 Gentlemen: At ehe ti.,e the fli::mID of Price Waterhouse and Company, Certified Public Accountants, was consulting with City officials regardir.g chat firm making a balance sheet, audit of' the City's books and records as at June .30, 1956, said Continued ....: ' ' 1 ~_. '-...,."..,'.:.,, .e:.) /\ ;"J ,,-,,)-/ , ..J.:' . , ~,' , " , - ~ " ~ ,,;, ,;,;'.> ,'.'o~-",> v, ;.... :.~ . \"0' ',,~ .. ':<'~.j~~.~"' , ,,~., '. ,'.. "'," , ' _,., ::'" ...,......:.:,;;,",_.:':...:;_,,1';' ,,"" . r:~ I: t~~,~ 7~:Q . ... . ...~':'''~w;~;.....,. , ~ \. l\t.. Cll~ COI~lISSION MEETING December 31, 1956 Continued firnfu representatives and City officials in~uired of members of our firm whether we would make available to them all of our work papers and confer with them during the proeress of their audit ~o explain our auditing pro- cedures and other matters in order to decrease the time which they other- wise would have to devo~e to their audit. In reply to this inquiry we stated that we should be enti,rely wi11in~ t-o review our work papers wi th them, confer wit,:l t.hem as r~que~ted and generally to cooperate with them in every way durine the course of their engagement. A fee was subsequently aereed upon by the City for the aervices of Price Waterhouse and Company, and they performed their audit and submit-ted their report theron under date of Nov(:.'mber 5, 1956. The members of our firm and staff' coorerated fully with the partner and staff members of Price Waterhouse and vompany who were handling this engagement. We reviewed our work pa~ers at length with them, conferred a ~reat many times with them to explain our auditing procedures and the general background of the City's financial stru.cture, as we 11 as the various routi ne acc ount ing procedures follo\'led by t.he City's personnel. Our relations with the representatives of Price \vatt::lrhouse and Company were cooperative and agreeable at all timm Uuring their engageae nt . As we are sure you will appreciate, the assistance which we rendened the firm of Pri ce W,:Jterhous8 and 1J0mpany a s described above necessarily consumed a ~reat:. amount of r,ime, alt. .ough a still ~reat.er amount of t i.llC would undouttedly have had to be expended by Price Waterhouse and Company 00 obtain unassisted the information which v~e furnished. We feel that t.he sum of $1,000.00 would be a fair and reasonable fee for these exl,ra services which we rendered the City in connection wi. t,h the Price Waterhouse and Company engar:;ement, and request that you au r,horize the payment 1..h ereof . Yours v8ry truly, TURNBURKE, BROCK AND RAINES /s/ H. M. Turnburke lh'Vi'l,' : ef -~~-------~~-----------------------------~-------------------------------------- '1'0 From Subject l.lr. Gerald Weimer - Acr,ing City .Mana~er Mr. O. H. Anderson, Sec'y. Zoning Board HIGHWAY FLAN MR-l 12/14/56 It is the recommendation of r, he Zoning Board that t.he Highway Plan MR-l sub- mitted to the Zoning Board, by the Planning Board be accepted, and the recommendations of the Planning voard be referred to the City Commission for their approval. OHA:bk cc: Mr. A.M. *ruse ----------------------------------------------------------~--------------------- RES 0 1 UtI 0 N 56 - ~8 WHEREAS: it has been determined by the City Commission of the City of Clearwater, Florida, that the proparty described below should be cleaned of weeds, grass and / or underbrush, and that after ten (10) days notice and failure of the owner thereof to do so, the City should clean"such pFoperty and char ge t,he costs t,hereof against. the r esrective pro perty. NOW THEREFORE BE I! RESOLVED by the City Commission of the City of Clearwat.er, Florida, that the following described property, sit,uate in said City, shall be cleaned of weeds, ~rass and / or underbrush within ten (10) days after notice in writing to the owners thereof to do so and that upon failure to comply wi't-h said notice, t,he City shall perform such cleaning and charge the cosr,s t.nereof against the respective properr,ies in accordance with Section 1?8 of the Chart,er of the City of Clearwater as amended. NAME Merle M. Chamberlain 72 6 H3th Ave. N .E. St. Petersburg, Fla. Elmer C. DeFlaun Vine St. Nyac k, N. Y. John R. Burlison P.O. Box 82 City DESCRIPtION COST Lot 1 Block C McVeigh Sub. Lots 2, 3 Block C !J1cVeigh Sub. Lots 6, 7 Unit 1 Russell's Sub. $ 5.00 10.00 10.00 Continued !i ~'" /';' A.... \ ~:..) / t"../ - ~,:' t: 0 ,,~, I" 'i , " ';.'~> 'l \' , ~. J "It: Ii " I j 411 ~I ,~l'~;~,"-i""":,,,;+""I'""""""" j" , ' , ""W%15,:;",:'i'i";";~~,'K,,~.,,,,;,.,:;):~ ,c:'~~;'~1'~"f#'~;i&~'''''~~~~ ORDINANCE NO. 72g AN ORDINANCE DECLARING THE INTENTION OF THE CITY OF CIEAR\'lid'ER '110 .AN~EX ACREAGE HEREAFTER DESClUBED, WHICH IS AN AREA OF DRUID MANOR SUBDIVISIO~, IN'l:O '.l'ilE C ORPORA'rE LIt4ITS OF THE ii~i g~ i~:~~Ai~~~ ~~:I~ftOMU~~: ~~~S~~~:- THIS ORDINANCE, ACCORDING 'l'O THE FROVISIONS OF SECTION 171.04, FL<liIDA STATU''cES 1955; AND PItO. VIDING FOR 'I'HE EFFEC'1:1VE DATE OF 'fHIS ORDI.NANCE BE IT OkDAI~l!;D Bl '!'HE CITY OJ~1MISSION OF t'KE CITY OF CLEARW.o.'.cER. FLORIDA: Sect-ion 1. The City of Clearwat.er, Florida, acting by and through ita Clt,y 001llll18810n hereby declares ita intention t.o annex. int.o the corporate limits of 'tb.e Oit.y 0 t &le8rwat.er, Florid" the following described lands lying cont1pou8 to the ~errit,or1al 1imits oE said Ci~y, ~hich lands con~ain less than ten (10) registered votors: FrQIIl ~he Nor~h West corre r of t,he Sout-h East. 1/4 of Section 13. Township 29 Sou~b, Range 15 East, run South 0 degrees 39' 55" East along t.he Ncrth and Sout.h cen~er-11ne oE said Section l3. 1329.43 fee~ ~o ~he 40 acre line for P.C.B., thence So~th 89 degrees 13' 51" Eas~, along the 40 acre line 31.0 teet, ~hence Sou~h 0 degrees 40' 39" We8~ 494.89 feet, Thens8 North 89 degre~s lO' 41" West )67.04 feet, t,hence North 0 degrees 061 I)" West 495.0 teet to the 40 acre line, ~hence South 89 degrees 20' 41" East., along the 40 acre 11~, 342.79 feet ~ P.D.B., less the North 330.0 feet of above described parcel now in ~~ Cit.y of Clearwater. Sect,1on 2. The Ci~y of CleaJ 'wat,er, act.ing by an d t. hrough i~s City Commission intends tio annex too foregoing lands according 1#0 ~he provisions of SecC10n 171.04, Florida Statutes 19.5,5, and to tha~ em t.he City Auditor and Clerk is hereby directed t.o publls~his Ordinance in the Clearwat.er Sun, a newspaper published 1n the Ci~y of Clearwater, once a week Eor four (4) consecu.tive weeks immed1at.ely aEter t.he passage ot this Ordi~8Dce. ' , . '~ " ., " , ~ :: rr::~,:t(i::~.{.r:.~.:.~,.. .~.~~,~~~:. ,...,).. ;'-i-'\ '~"''l~'_'" 'V ' ,",: {;i~~~~):Jr~ffu:{}l;L 1- ;;:.~li~(' .... ~"\~;,;,," , I.. - i.... '~. . ,::: ) Section 3. it.s passage. PASSED ON'FIBST READING ~hi5 Ordinance shall become erEec~ive immed1a~ely upon December 31. 1956 December 31. 1956 PASSED ON SECOND READING PASSED on THIRD AND FINAL READING AND ADOPTED December 31. 1956 /s/ \';. E.St-t"ang, Jr. Act.ing Mayor-Commissioner A'L"! ES1: /s/ R. G. Whitehead Ci1iy Audit.or and Clerk " , ..~:' :.~,. . ,,' '" ,':" :.,".> i .' ' ' ': .. ~ , . ,. -",.'...\., :.' . 'l ,,' '.' ", ' ,"'~-::-:'.- "'.,' "........ ""'':''_. :J...'~ "', 't"'::'II:V'," ,~,,,,'l;i,,~ :'I.I','.,~ ► s: � � � CITY COMMISSION N�FTING December 31, 1g56 The City Commiasion of the City of Clearwater met in regular session at City Hal1, Monday, December 31, 1g56, at 1:30 P.M, with the following members present: W. E, Str�ng, Jr, Gleveland Inaco, Jr. Samuel J. Roberts Absent• Herbert M. Brown J. N. Bohannon Also presen�'were: G. Weimex Ben Krentzman W. D. Booth J, E. An�ierson H. Dunn Commissioner Commissioner Commissioner Mayo� -Commiss� oner Commiasioner Acting Gity Manager Ciiy Attorney Acting Police Chief Representin� City Engineer Asst. to City Ma.nager The City Attorn�y called the meeting to order and asked for nominations fo.r Acting Mayor since Mayor Brown was absent. Commissioner Insco moved tha.t Commissioner Strano be appointed Acting Mayor. Motion was seconded by Gommissioner Roberts and carried unanimously. T12e invocation was given by the Reverend Burton Hilton from the Chapel by the Sea, Clearwater. The Mayor inquired if there were any cornections to the minutes of D��!:mber 3rd, 5th, lOth, 1�}th and 19th. The City Attorney requested that Paragraph 6, �?a�e: 40'4, be changed to read "the applicant was entitled to issuance of a permit on Der.•ember 17th but was not prior to that dat� as he had not made a complete application". Tne City Manager state��at in Paragraph 3, Page 463, the motion should read "estimated cost of $35,0�8.65". Commissioner Robert� moved that the minutes of t12e regular meeting of December 3rd and the special meetings of December 5th, lOth, l�-th and 15th be approved as amendEd in accordance with copies furnished each mernber in writing. Motion was seconded by Commissioner insco and carried unanimously. The Mayor announced a Public Hearing on the request of Mr. E. P. Burton on behalf of Nr. J. J. Simmons for a setback of fifteen feet from Iris Street for Lot l, �31ock �l, Replat of Block 25, Mandal��.y. 7.'he City Attorney read the request and the Zoning Board's recorr�ndation that; the application be granted. The Mayor inq_u�red if there were any ob,jections from anyone in the audience and Lhere were none. Commissioner Robex-ts moved on recommendation of the Zoning Board that the fifteen ioot setback on Iris Street ba allowed on Lot 1, Block A, Replat of Block 25, Mandalay Subdivision. Motion was seconded by Commissioner Insco and carried unanimously, A Public Hearing was called on the request of Mr. George B. Cassell for Mr. J. J. Simmons for a fifteen foot setback from Aster Street for zot 5, Block A, Replat o£ Block 25, Ma.ndalay. The City Attorney read the request and the Zoning Board's recommendation that the applicati�n be granted. The Mayor inquired if �here were any objections and there were none. Commissioner Roberts no�ed in aceordance wiLh t�e recommendation of the Zoning Board that the fifteen foot setback on Aster Street for Lot 5, Block A, Replat of Block 25, Mandalay Subdivision, be approved. Motion was seconded by Commissioner Insco and carried una;�imously. A Public Hearing wa� announced on the request of Mr. Geor e E1. Cassell for Mr. J. J. Simmons for a fifteen foot setback zrom Eldorado Avenue �.Tess�ne C�rcla_) for Lpt 10, Blocic 51, Mandalay Subdivision. Ths City Attorney read the request and the Zoning Board's recommendation that the application be granted. The Mayor asked if there vrer� any object�.ons an� there were none. Corunissioner Roberts moved on the recommendation of the Zoning Board that a fifteen foot setback from Jessasnine Gircle for Lot 10, Block 51, Mandalay Subdivision, be granted und�r the hardship ruling, M�tion was aeconded by �ommissioner Insco and carried unanimously. The Mayor called a Public Hearing on the request of Mr. George B. Cassell for Mr. John Cosgrove for a setback of fifteen feet from Lantana for Lots 7 and 8, Block 45, Mandalay. The City Attorney read the request and the Zon:Lng Board s recommendation thai; the request be �ran°�ed as constrizction of a suitable residence would be �mpossible on the sixtST foot width if zhe 25 foot setback was required. Mr. Ralph J. Holden, owner o.f Lots 1 and 2, Block 45A, objected on the basis that the building would obstruct his vietv. Mr. George Cassell was present representing Mr. Cosgreve. The Mayor suggested tha� the hearing be deferred �,o another meetir_g and that Mr. Cosgrove bring in a plot plan of the proposed building. Commissioner 13oberts moved the Public Hearin� on the reques� of John Cosgrove for a fifteen foot setback on Lantana on Lots 7 and 8, Block 45, Mandala;� Subdivision, be continued to the next meeting on January 7, 1g57. Motion was secor�ded by Commissioner Insco and carried unanimously. � .� c� �`� ��J / _2_ CZTY COMMISSION ME�TING December 31, 1956 The Mayor announced a Public Hearing on tlze request of the Church of the Nazarene to �rect a church bu3lding 3n Block B, Druid Groves, presently zon.ed partly R-1 and par�ly R-2. The City Atitorney read the request from Mr. Olxn D. Mims, Secretary, and Mr. Myron LJ. Kocn, Treasurer, of the church. The Zon�ng Board's recommendation was that the request be granted subject to the right of the Zoning Board a.nd the City vommiseion. to apprave the location, type of buzldin�, off atreet parlting provisic.�ns, etc., prior to t11e issuance of a buildin� permit. The City Attorney reported that a petition signed by thirty-eight property o�vners had been received protesting the erection of the church bui�ding on Block B, Dru-jd Gioves. A mation to quash was prEsented from Mr. Alex D. Finch, attorney, on the grounds thaL- Ordlnance 627 does not �rant the Commission authority to rezone property, that the request does noi: contGin sufficient grounds for a varSTing o.f the existing zonin classificabion, and that tize request for rezcning is insufficient under Ordznanae �27 as a basis for action. P7r. Finch addressed the Commission explaining that hs felt th9.s should not be considerecl a hardship case as the church does not ocan the property but only has a con�ract �o purchase. The City Attorney said he sa�v no o�jection in a person who has a contract to purchase com3.n� ir. and aslc�nb for a ruling on a hardship application based on a�lan showing the type of building to be located at a specif:i.c place on the lot. It was his opinion t;hat this was n�t a legal appeal from the Building Inspector's rulir_g because the Building Tnspector has not had buildino plans on �vhich to base a decision, He recommended in face of the opposition that the petition be denied. Reverend H. Gl. Hill, minister for the church, addressed the Co.mmission in suppart of the application. On the recommeizdation of the City Attorney, Commissioner Rober�s moved that the application of rezoning of Blocic B, Druid Graves Subdivision, be denied �.n the face �f objection and also cn tY:.� basis oi' the opinion of �he City Attorney ihat we cannot �egally consider Yt at tlzis time under the c_i.rcumsta_zces. Motion was seconded by Commissioner Insco and carried unanimausly. Commissioner Insco reported that he had met tivith the State Road Board engineers, the City Engineer and Captain Walter Carey i.o c�.scuss an alternate routing for Route 60 since a left turn was prohibited at Clevel2nd and Fort Harrison from Route 60 to Al�ernate Route 19. He said their recomtz!endation as �, temporary measure for a six mor�ths� period was to brzng the traffic on Route 60 from Gulf to Bay west on Court Street to Fort Harrison (Route 19) as a temporar� State road, and if the Commission approves the recommendation, it would be necessary to pass a Resolution addressed to the State Road Department stating that the City wi11 take over that p�rtion of Court S�reet for maintenance. He reported if the recommendation is approved, the State would send in a lighting engineer to review the traffic lights on Fort Harrison at Cour� Street. The Mayor pointed out that the part of Court Street between Hillcrest and Highland needed taidening before handling more traffic. Commissinner Roberts moved that the report of the Committee on tiraffic arrangemenf:s for Route 60 be received for iurther study by the Commission. Motion was seconded by Commissioner Insco and carried, unanimously. Commissianer Insco reported that the Parks Committee, the Engineer and Mr. Eddie Moore had met with the Marymont Association to discuss the playground planned in the area north of Gilbert Street. It iaas the Parks Committee's recommendation that the following items be approved -- fence, baseball diamond, backstops, removal of eight trees, seesaw, climb around tocver and horizontal bars at an estimated cost of $2,900.00. Commissioner Roberts commented that the Maryi�iont Association had approved the items recommendad and waQ willing to wait for the balance of the improvemerts until the next budget year. Comm.issioner Roberts moved that the City Manager be instructed to proceed with the obtaining of bida and the material necessary for that part of Lhe items totalling �2,g00.00 for the Marymont playground area. Moti:nn was seconded by Commissioner Insco and carried unanimously. The City Attorney read three letters from Mr. H. D. Turnburlte �f Turnburke, Brock and Raines, the first stating that in respo�se to the request of City officials, his firm had cooperated with Price Waterhouse and Company representati.ves by making available all n� its work papera and his firm's members had conferred with Price Waterhouse men a great many times to explain the City"s auditing procedures, etc.; therefore, he was asking a iee of $1,000.00 f'or the extra services. In the second letter; h1r. 2'urnburke explained bhat due to the continuing growth of the City more time vtas being required for i�roper audit of the City's books and during the 1g55-56 fiscal year the fee of $6,0OO.Oc� per year was far short oi' reasonable compensation for the services; accordingly, he asked an ad.ditional fee of $3,000.00 for that period. In the third letter Ntr. Turnburke asked for an adjustment of his firm's fee of $6,000.00 for the 1g56-57 fiscal year and requested that £or the 195�-57 year and subsequent years a tentative fee of $9,000.00 per year payable bi-weekly be establ�.shed and at the close of the fiscal year, the amount of the fze based upon regular per diem rates *�ould be determined, ig the fee is less than $q,000.00, he would repay the City; if the fee 1s more than $9,000.00, the City would pay the differe�ce. Commissicner Roberts requested an opinion as to whether it vrould be legal to pay the additional fee for the 1g55-56 fiscal year. TY:e Mana�er was requested to check �,vhat iYie per diem charges vtould be under the new proposal. Commissiqner Roberts moveci that the Commission defer �he letters for consideration to be brought up at another meeting as soon as we can get the information in order to arrive at a fair basis .from bo�h standpoints, the Auditor's and the City's. Motion was seconded 'py Commi.ssioner Insco and carried unanimously. -3- CITY COr�fISSION MEETING December 31, 1g56 A letter was read from Mr. Robert Wilson, atto�nef, requesting perntiss3on for his c7.:L�nts who ha�e purchased a major portion of the lots in Del �ro Groves to connect to the C�ty�s �" vaater main on North Haines Road and a sketch was attached showing how the line watzld be brought east From Haines Road throu6h property which is outs3de the City bo the eubdivision. The letter stated the owners planned to pave the streets but vrould like the City's assistance in clearin� and opening the shorb streets 3n the subdivision that actually abut on Old Tampa Bay. Mr. l^/ilson explained to the Commission that the subdivision was developed in 1925, that the storm sewers were still intact but that the paving had been removed by the City irL inost of the streetu, 1'he Mayor asked the Manager to check to see if any of the streets llad been vac�.ted. The City Attorney reported that Mrs. Ursche�., an af£ected property owner, had telephoned that she was not interested in havin� the streets opened. The Mayor informed Mr. Wilson that the City would need an easement dedicated to the C_ty for installation of the water main through the rortion outside the City. In answer to a guestion from the City Attorney as to how much oi the cost o�' the worl� the City would rei'und on under a reiunding contract, the Mayor replied the policy trras for the part of the lines inside the subdivision but not the trunk line leading to the subdivision. The City Attarney stated that the develapers would not be required to sign an Ordinance 632 conyract sinoe the subdivision h�.s been in the City since 1925 but if they do pave the streets, it will have to be done under City specifications. Mr. Wilson said his clients were wiliing to cor;iply with City apecificat3�ons. By consent, the rr�atter was referred to the City Manager for preparation for a water refunding contract to be submitted for the Commission's approval. Mr. Wm. Nodine, attorney, asked on behalf of his client, Mr. Charles L. Fisher, owner of Zot 4, Bl�ek F, Boulevard Heights, that San Remo be paved betweEn Gulf �o Bay and DeLeon Street. He stated that several prelim3.nar� hearin�s had been held by the City in an effort ta have San Remo paved to Court St,reet, Turner or D�uid but the property owners were not favorab�e. He asked since the City ovms a small park across the atreet and is the only other owner concern�.ed, that the City pay one half of the $�,600.00 paving cost estima.ted by the City Engineer. It U�as pointed out because of the triangular shape of the lots, the City's portion of tne paving Urould be smaller than that for Mr. Fisher's pr�perty. Mr. Nodine offered to pay �n the 'oasis of lineal feet of curb. Tne Nfayor suggestEd a.uthorizing the Manager to advertise for bids and determining ho;r1 the pro,ject is to b� assessed at the time the bids are received. Commission�r Roberts moved that bhe Ci�y Engineer be authorized to 2.sk for bids on the curbin� and paving of that part of San Remo from Gulf to Bay to DeLeon Street. Alotion was seconded by Commissioner Insco and carried unanimou�ly. The City Attorney read a petition from Mr. Thomas Hamilton on behalf of residents living in the vicinity of�°}�00 block of East Pine S�reet to revoke the builcLng permit issued by the City Building Inspector to Larry Dimmitt, Incorporated., on December 20, 1956, to build a metal building at 510 East tine Street (Lots 8 and 9 less the west 54.10 feet, Block 3, ulallace Subdivision) as such permit was issued two days after the Cit� zonin� referendum passed to rezone the property to R-4. The City At�orney read a memo he had «rritten �o the Commission which stated that the building permit tvas issued at 9:00 A.M, on December 20th and it was issued pursuant to a complete application which was filed with the Building Inspector on December 17th, 1g56, and pursuant to action approving the same by the Commission on December 19th. It was his opinion �hat Larry Dimmitt was legally entitled to the issuance oi his permi_t because the rights of the appl�cant tivere determined at the time he made a complete application on DecembQr l7th. P�Ir. Hamilton spoke -�n favor oi revoking the permit. Mr. Wm.Driver, attorn�p, cited several slmilar cases in Florida cities where permits had been revaked after a zonin� change. Commissioner Insco moved that the Commission take a five minute recess. Motion was seconded by Commissioner Roberts and carried unanimously. After checking the cases cited by Mr. Driver, the City l�ttorney's opinion was that those cases were not pertinent. On the basis of the City Attorney's opinion on this matter, Commissioner Roberts moved that the petition ior the revocatlon of Dimmitt's building permit be denied. Motion was seconded by Commissioner Inseo and carried unanimously. The City Manager read a memo from the Zoning Board recommending that Highway Plan i�R-1 governing proposed right of way widths and building setbacks in the Ci�y limits on those highways be accepted and that tne recommendaticns of' the Planning Board be referred to the Comm3.ssian for its approval. The City Attorney reportzd that sueh setbacks would have to be included as an amendment to the Zonzng Ordinance. Commisaioner Roberts sug�ested putting a copy of the limitations in the Building Inspector's office and have h:Cm call the owners' attention to get voluntary c�operation. The City A�torney said he would �repare a Resolution including the setbacks which would �ive notice of proposed right of ways and put the property owners on notice. By consent, the City Attorney vtas instructzd to d� this. The City Manager presented Resolution 56-43 which-would requsre seven property owners to clean their lots of weeds and undergrowth. Commissioner R�berts moved that Resolution 56-43 be adopted and the proper officials be authorized to sign this. Motion was seconded by Commissiener Insco and carried unanimously. ___ _ _ _ -- _ _ _ _ _ _ ,� , � . . � � . . � . � � . � � � � � � � � � � � �� .. . . � �. �y : Q:r,. �� -4- CITY COMMISSTON MEETING December 3]., 195G The City Manager submitted a w�rk order for $2,687 48 which included six �rater main extensions, one gas main P�:�ension, �800.00 for sidewallc near' Clearwater Senior High School on Gulf to Bay, an atlas i'or house numbeiing �.t $170,00 and installation of 12 ton air conditioning window unit in the Assistant ��.ty Manager's office at $250,00. A copy of the list is included in the folloWing pages of these minutes and by reference made a part hereof. Commiasioner Roberts moved that the work order as subm3.tted b,y a liat from the Ci�ty Manager be approved. Motion was sec�nded by Commission�x Insco and carried unanimously. The Manager presented a statement i'rom Mr. R. B. Norton for his services as Right of Way Agent for Njyrtle Avenue. By cansent, the statement Was xeceived and the Attorney iaas instructed to set up a meeting of the Commission with Mr, Norton to discuss the statement and the progress of the work. The City Attor•ney read Resolution 56-44 which would adopt a map containing the official names of the atreets of the Cit,y as prepared by the City Engineer and approved by tY.e Commission. Commission�r Roberts moVed that Resolutior 56-44 adopting an official street map of the City of Clearwater be adopted and the proper officials authorized to execute. Motion was seconded by Commissioner Insco and carried unanimously. The City Attorney read on its first readin� Ordinance 728 which declared the City's intention to annex into the City that portion of Druid Manor 5ubdivision which iN now outside. Commissioner Roberts moved that Ordinan ce 728 be passed on its f�.rst reading. Motion was seconded by Commissioner Insco and carried unanimously. Corrunissioner Roberts moved tha� Ordinance 728 be considered on its second reading by title only with the unanimous consent of the Commission, P�otinn was seeonded by Corr,missioner Insco an:i carried unanimously. The City At�orney read the Ordinance by title on_ly. Commissioner Roberts moved that Ord.inance 728 be passed on second reading by title only. Motion was seconded by Commissione.r Insco and carried unanimously. Commissioner Roberts moved that Ordinanee 72�C be considered on its third readin� by unanimcus con�ent oi' the Commission. Moiion tieas secon�ed by Commissioner Insco and carried unanimously. The City Attorney read the Ordinance in full. Commissioner Roberi,s moved that Ordinance 728 be passed and adopted on its third and final reading and the proper officials be authorized to execute it. Motion tvas seconded by Commissioner Insco and carried unanimously. The City r�ttorney read on its first reading Ordin2nce 729 which would define and make illegal �he offense o� operating a vehicle at a speed greatFr than is reasonable and proven under the conaitions existing. Cornmissioner Roberts moved that Ordinance 729 be passed on its €irst reading. Motion w�.s seconded by Commissioner Inseo and carried unanimously. Ord3nance 730 whicY�. would dei'zne and make illegal the offense of "foll�wing too closely" was read by the City Attorney on its first reading. Commissioner Roberts moved that Ordinance 730 be passed on its first reading. Motion was seconded by Commissioner InSco and carried unanimously. The Citg Attorney recommended approval of an offer from Miss Elsie Duncan to exchange a sanitary sewer assessment of �1.48.27 for a thirty foot strip and a sixteen foot strip and a sivteen foot strip of land from Druid Road south to the City limits which she will dedicate to the City as right oi tvay for Keystone and Yelvington Avenues. Commissioner Roberts moved that the assessment for sewer improvements on the �roperty of Elsie Buncan descr�bed as the north 120 feet of the north 330 feet of E2 of WZ of SW4 of SE,�-� less west 283.86 feet of east 313.86 of north 193 feet, Section 14-2�-15, in the sum of ��,`148.27 be cancelled and the cost thereof be assumed by the City contingent upon the delivery by Miss Duncan to the City o�` a dedica.tion of right of way for �he extension of Keystone and Yelvington Avenues from Druid Raad south to the Gity limits. Motion was seconded by Commissioner Insco and carried unanimously. An agreement vtith the Atiantic Coast Line Railrc�ad was �resented by the City Attorney in which the railroad agreed to permit dredging by the City under the raiiroad trestle in Stevenson Creek. He explained that he had deleted from the paragraph selating to the Cit,y's liability the responsi�ility for claims in the future after the work is completed_ Commiasioner Roberts moved the approval of the agreement w3.th the Atlantic Coast Line Railroad concernin� the dred�:Lng across tre Atlantic Coast Line right of tivay beneath �he trestle at Stevenson Creek as amended and the proper officials be authorized to execute the contract. Motion was seconded by �ommisaioner Insco and carried vnanimously. The City Attorney said Commissioner Roberts had requested an apinion ori the right of the public to use the beaeh area on the Gulf side of' Clearwater Beach between the water ana the high water mark. It was his opinion that the bas:Lc rule of lav� in Florida is that private ownership of land adjacent to navi�able �ater stops at -�he high v�ater mark, theref�re, the area from the liigh water mark on the beach into the Guli could be used by the public for navigation, f3shin� and bathin�. The Commission received the memo concerning the opinion. by consent. -5- r,z� comMzsszorr r+�ET�rrG December 37-, 1956 Commiss�oner Insco moved that the City Attorney be requested to i'urni.sh the Commissioners vlith ca��ies of. all written opinions given by him whether requested by the Commissioners or by one of the departm�nt heads. Motion tvas seconded by Commiss3.oner Roberts and carried unanimously, �ommisaioner Insco moved to ad,jnurn the mee�ing as the City Commission. Motlon wa� seconded by Commissioner Roberts and carried unanimously. The Commisaion not�r a..a,iourned as the City Commission ar�d acting as Trustees of the Pension Fund admitted Robert Hulett, Patrolman, Police Department,to membership �:n the Pension Plan on a motion by Commissiorier RoberLs which [yas: seconded by Comm:i.ssioner Insco and. carried ur�animously. There bein no further business to come before �he Board, the tneeting was ad�ourned at 4:�0 P.M. Attest: c Ci y u�i or an C er � Mayor•C�mmissioner � � - — � . � . �. �. � I J yfI 1 (; CITY COiVt�ITSSION MEE'1'II�G December 31, 195� December 27, 1956 :$ayor Com�nissioner Herbert Nl. Brown Commissioners: W. E. Strang, Jr. J. N. Bohannon CZeveland Insco, Jr. Samuel J, nober�s Gent 1 eme n • `1'he City Commission will meet in F�e;ular Session on Monday afternoon, vecember 31, 1956 in the City Hall Auditoriu�-n for the purpose af discussin.g the items listed on the a�tiached agenda� �'�feeting time will be ai: 1;30 P.M. Very truly pours, �s� G. B. �Veimer Acting City iyiana�er GB6�: s Enclosures A�enda - Cit y Commission Neeting of December 31, 195� City Hall �uditorium 1:30 REGULAR 1. InY�rcation, Rev. Burton Hilton, Chapel by the Sea, Clearwater Beach. 2. tipproving the minutes of ihe Regular IvIeeting of December 3, 1956 and the Special i�ieeting of December 5, 10, 1!� and 19, 1956. 3. Public Hea�in�s: A. tte;�uest�of P�r. E. P. Burton on behalf o�' bTr. J. J. Simmons for a setback of �fifteen feet from Iris Street for Lot 1, Block A, Replat of 1�lock 2f ;�;andalay. (5outheast corner of Bruse and 1'ris), B. Request of Ntra Gearge S. Cassell .f�r I�+Ir. J. J. Sinunons for the foll�wi.ng setbacks: 1. Fifteen foot sPtba.ck from Aster Street for Lot 5, Blocic A, Replat of Block 25, i�'IanadalajT . (Ivori,heast corner Bruce and Ast�eit) . Z. F'ifteen foot setback from Eldorado Avenue (Jessamine Circle) for Lot 10, Block 51 I��andalay. (northwest corner Eldorado and I�Iandalay). C. Request of Dir. Georr,e B, Casse�l for Mr. John Cosgrove for setback of fifteen feet from I.anatan� for Lots � and $, Block 1�5, P�fandalay. (North- east c�rner Kiplmng Plaza and Lantana) D, Reques� of Church of i he Nazarene to erect church buildir� in Block �, nruid Groves, presently zoned gartl� R-1 and partl�=��R-2. y.. Commission's consideration o�': A, lraffic Report. B. Report on Marymont Play�round Area. C. LetLer from H. �i. surnburk. U. Letter from I�Ir. Robert Vv. ulilson, Attorr.eS>, with referance to Del Cre Groves water connections. E. Lecter from T�+Ir. �rZxlliam: E, Ivodine, Attorney, with reference to pavin� portion of San Remo Avznue fro m Gulf to Bay to DeLeon St. F. Petition �o Revoke Building Permitl G. Recommendation for Hi�l-iway Plan I�1Ft-l. H. Lot Mowi.ng Applications. I. Wc� k Order approvals. J, Statement from Right of Way A�ent for �iyrtle Avenue. 5. Corrm�issicnts consideration of items from the City Attorney'�Office: A. ' �.esolution approving 5treet l�Iap: B. Ordinance defining and. makinP illegal the traf�'ic offense of "Following Loo r,los�ly." C. Ordinance definin; and making illagal tl� offense of operating a vehiale at a speed greater tY�an is reasona.ble .�'^..�� proven under the conditi.ons existin�. D. Exchange of street right oi way for abatemeni; of special assessmenL wit11 NIiss Elsie Duncan. E, tteporL on a�reement with ACL Railroad concerning dred�ing beneath Stevenson Creek trestle. F. Opini�n as to right of public to use bnach ��'�a between Gulf and high water mark of Gulf. G. Interstion to annex portion of Druid Manor �ubdivision. 6. Any item not on the ,tgenda will be considered with the consent of tha �ommission. kdjournment. Commission acting as `Prus�ees f or the Fension Plan. CITY COM(�SI3SZON ML+'ETIPIG December 31, 1956 12�14�56 To Mr. Gerald Weimer, Ao�ing C�.ty rianager From Pir. Om FI. Andorson, See�y. ,Zaning Boarri SuUject RE(�},UL+'ST OF 3. J. SIrihi4N5 (I,ot '10 Block 51, �Sandalay) I�i is the rgconuuendation of �he Zon3ng Board that the application of J. J. 5inunona for a 15'set bacic on Jessamine Circle for I,ot 10 Bloek 5I, hiandalay Su�i. be grantec3, for tYte reason thet constructi�n of a suitahle residence cdould be impoasible on the G8� corner lot if the 25� set-baek were require�:. Attached hereto ia ariginal l�tter of requ�st wi.th sketch. OHA:bk December ll., 1956 Goning �oard City of Cle�rwaier Clearwater, Florida Gent].emen: Inasmueh as the present zoning nrdinance ca1Zs for a 25 foot set bac� f'rom the Pront or sicle �'�reet,, it is necQssary to have a harciship ruling in order io bui.ld a house on a 60 foot corner lot. Theref�rP,� I request a set bac� of 15 feet be grantecl on Jessamine Circle, or the �o�':y side of Loi: Z0, BLOCIC 51, riandala.y Sub�ivision,as ger ene ose sketch, sinee� all the existing residencEs are so lccated and no harm wl.11 result to any propor�ty owners. Yer sineerely yours, �s�George B� Cassell. for J'oseph J Simmons GI3C : mt� ' encl; 7.2�14�56 fio Mr. Geralcl T,ieimer -�eting City rianager From Mr, 0. FI. Anderson, Sec'y Subject REQUEST OF J, J. Simmons, (Lot 5, Block A of a replat of Block 2y, Mandalay ) It is the recommenciation of the Zoning ?�oard thati the applica�ion of I��Zr, Simmons for a 15T set back on Aster Street for Lot 5, Block A of a r�plat of Block 25 of Nfandalay Sub. �e �ranted;��ihe reason thaL it cai11 conform with ezcisting buildings in the area. attached hereto is original let�er of request with sk�tch. OHA:bk December 11, 1956 `Loning Board City of Clearwater Clearwater, Florida Gentleuian: Inasmuch as the present zoning ordirance ::alls for a 25 foot set back fro� the front or side sLree�, it is necessay to have a har�lship rulir.o in ordzr to build a house on a%0 foot corner lot. Yherefore, I requesi a set back of 15 feat an ASTER Street be ¢ranted on LO`P �, BLOCK A, of a ReFlat of �lock 25, i�,andalay Subdivision, as per enclosed skesch since all L he existin� residences are so located and no harm will result to any Froperty owners. Very sincerely yours, /sf Ctgor�e B. Cassell ior Joseph J. Simmons GBC:mq �C� lz/1�,./56 '1'o A'Ir. Gera?d 4Veimer -�cting City Manager From Ntr. 0. .�i.. Anderson, Sec °y. Zoning Board Subject HE(�UES`t' OF EDWI�RD F. BUR'i`ON ( Lot 1, Block A Replat of Blk ;�25, Mandalay Suh Ti: is 1:he recommendation af the `Loning Board that the application of Tdr. E. P. Bux�l:on for a 151 set back on Iri.� Street for Lot 1 Block A of a replat of Block Continued CITY COMMISSTOI� b'tEE'1`ING December 31, 1956 Continued z5 of Manrialay Sub. be grar.ted, for �he reason that i� will conform with existing buildings in the area. Attached hereto is original letter wii:h sketch. OHArbk 4�'ed. Nov. 14th. 195b Honoilrable �Iem�ers of the City Zoning Board and Commissioners of The City of Clearwater Citiy Ha11,Clearwater Gentlsmen: c�c Mr. Joseph J.Simmons Sugplementing my letter of fiovember 3rd,1956,am enalosing a mor e detailed plat (tiracad from Gity Plat Book) oi Lot j{ 1,F31ock A, Replat of B1ock � 25, T4andalay Sul�-Division,Clearwater.Beach, and the surrounding pxoperty containing homes 'built thereon. A1:L,so far as I can determine without a survey, have only a 15' setback upon Iris Si;reet (unpav�ad) from building to property line,which is all that ivIr.Simmons is requesting. By the same token,all have a 25' or better setback from Bruce Ave, which Mr.Simmons,plans and e�cpzcts to abide by. i�es�ecLfully asking your c�nsideration of permisson of lj� setback on Iris, i remain, Very `lruly Yours, �s� Edward P, Buxton Registered Rea3 Estai:e Broker 39 Baymont Street Cle�rwate� Beach, Florida 1z/14/56 `l'o i+Ir. Geral� �deimer, Acting C-ity NTanager From Mr. O. H. Anrlers�n, Sec'y. Zoning Boara Subject R�QUESY OF NYROI�T KO�I� (CHURCH OF `1'HE 23t1ZAPFNE) It is the recorrrr�nendaLiori of the Zoning Board tYiat our recommendation of November 9;. 1956 regarding the above request will stand as is. OHA:bk December 12, 1956. lo:- City Commissioners, Clearwater, Florida. Ger,tlemen : We,the undersigned, Secret�ry and Treasure�, respectiJely, of the Church of t he Tvazarene of Clearwater, a Florida non-profit corporation, do hereby sLate thaL �he congregatior_ oi said Church desir es and has contracted to purchase from Joe B. Dean, Nellie G. Dean, Cecil E. Gates and Frances Gates, Lhe pre�isss lyfisr� in Clearwater, Pinellas Gounty, Florid�, bounded c;ti the N� Lk� by Druid Road, on t;he South by J�smine Way, on tha East by Lake Avenne and on t:�e W'est by CresL xvenue, and described as:- All of Block "B", DFcUID uRQ��S SUBllIVIST011, According to rnap or plai thereof as Aecorded in P1at Book 15 page �.6, public records of Pine llas County, I'lorida, provided the said premises can be used by us f or normal church purposes. We are informed t haz the �aid plot of �round is now zoned R-1 and R-2 arid that the City Zonin,� act prohibits the use of said property, as now zoneda for Church purposes. V�re, therefore are requestin� your honorablp board to chan�e � he zoning of the above described property, so that same may be used for Normal Church purposes and uses, and are ma�ing this request under the hardship provisions of Lhe City 'Loning Act. Respectfully yours, /�/ Oien �:. i�:ims �s/ NIyron Vv. Koah Church of the Nazarena of C�ea,: iaater y a Florida non� profit corpora�ion CITY CONlMISSION ME�;'1'ING Deaember 31, 1956 ^!0; City Commission of Gity of Clearw�ter, Florida RE; N:equest �or me-zoning of Block ��B" of DrLnc�: Groves Subdivision From its present zoning of Hl and Ft2 to R/� aonin� z•eclsssification. :d0'1'IOIJ 1'0 QUI�SH Comes now the property owners a nd residents of the area in the vicinity of Block "B'1, Druid Groves S��bdiiiisior� and move this Honorable Commission to quash the petition and reques� f or re-zoning of the above referenced property and as grounds therefor would show unto the Commission as follows: 1. 1'ha� Ordinance 62'7 of the City of C1ea_rwater, Florida, daes not grant La the Commission authority to re-zone Lhe property but orly the power to vary sxisi,ing zoning upon an application presented by property owners. 2. '1'hat the request for re-zonin; does not contain suffieient ground^ for a varying of t;�e existin' zoning classification oi the �bove described prope�ty as provided in said Ordinance 62%. 3. That Lhe request fo•r r.e-zoning is wholly insufficient under Ordiaance 62% as a basis for• any�tion on Lhe part of' the City Commission to grant the relief sou�ht. FII�CH AND t�1�SLEY �s� Alex D. Finch Att orneys at Law 30$ Sout h Garden Avenue Clearwater, Florida es---------------------------------- " --------------�-------------- ------------� R E S 0 L U 1 I 0 I� No. 56 - 44 A HESOLUZ'ION ADOPTING !� IifAP CON^1AIRTII�U THE OFFICIAL STREET I�AP.IES OF iHE CITY OF CLEHRVdATER, FLORIDA ?r�i-IEREAS, the City of C1earFvater l�s herF�tofore by resolution dated January 2�, 1952, adopted a map cor_tain3ng the ofiicial street names within the C�.ty; and, WHEREAS, it is desired to adopt a new m,ap containin; the names oi streets installed or developed since the adopt�on of said map and changin� the names of certain streets for which there are more Lhan one streei, i�aving �he same name or similar namas; and V;HERFAS, the power so t o 3o is ;iiTen the City vy virtue of Sectian i�•�: of the Charter of the City of Clearwater; NOW, '1'HEREFORE , BE I 1' kESOLVED B Y T HE CI TY COi'��i2 SSIOAT OF 7.' HE C IT. Y OF CLEi1R�,ti�'t'ER, FLORIUA, in session duly and regularly asser�bled, as follows: 1, `Phat it is to the advantage of the Gity to havz a m�p on which Lhere appears the of.ficially adopted nanes of the streets of the Ci�;y of �lear- k�ater, F`larida. 2. lhat t he map preaared by the Gity Engineer and approved b�* the City �onmiission, designai;ed ��M�p aontainin� official names of Lhe streets of the City o� �learwats^ , Flarida, as adopted December 31, 1956T�', which is bv reference thereto mac�e a part of this Resolution, is hereby adopted and con�'irmed. 3. That an original of said map, so desionated and signed by the I�Iayor-Commissioner and City tiudi�tor and Clerk , shali be kept on fils among the records oi' the City Clerk and as :such shall cons�itute the oificial street na�ue map of the G5_ty o_f Clearwat er� "rASSED :�AD ADCPTFD, this 31st day of December, 19�6. /s/ W. �. Strang, Jr. Acting Mayor-Conmissioner Ntt e st • �s��R. G, j�Vhitehead Gity A.udi�or and Glerk --------------------------------------------------------------------------------- F E'1'I`1 IO N We, the undersigned, residents and�or pro�erty owners in Che vicinity of Bloc k�tB+t of Druid Gra�es �ubdivision lacated on Druid Road in Clearwater, Yinellas County, Flarida, object Lo and please consider this as our protest to Lhe erection of the Church of the Nazarene on 131ock TME" of Druid ��Qves Subdivision. Signed by 3$ persons� � 1. 2. 3. 4. CI'lY C0"�9I�iISSIdR? M�E'lING December 31s 1956 WA`P�R MAII�S 2QOt of. 2" water tnain on Poinsettia bettiveen Juanita Wa• aiid Royal V�ayd '1'o connec� existing 2�" water main. Approximate cost �1$9,Q0 16�� of 2'r water main on the ?�+'eS� side of the Mall .outh of Union Stre�t. Wi11 connect to the present 2« main on the �o�t�h side oi IInion Street� Approximate cost �;165.G0. Will serve one other connection. 1t�0' of 2" waLer main bei;wean Jurpens and Palmei:to west of Penn. Aveo 'Po connect existing 2" water main. A�•proxiinate cost w�137a9'1• Y�1�1 serve seven other connections. z55T of 2" watier main between Cleveland & Laura Street,_ east of Osceola. `lo connect exisL-ing ��'� water main. Approximate eost y�331�eb9. Will serve ten other connections. 5." 201y' of 211 water main on 5unnydale Drive, west of Edgewater llrive. To connect existing o" water main.. Approxim�te cost �y27.3.7$. Will serve five other connections. 6. 2G0' of Q" water main from San Remo, west on Laura. ^io connect exisLin� 2'T �,rater main. Ap�:roximate cost �210.00. uAS l. 31$� of 3��." bas main on til�ashington Ave, south off Cleveland Street. Connect existing 4" gas main. Approx. cost w217.04. Serve L� other connections. 1�iHIItTEAT�I�CE 1. t�,000 s�: ft. sidewalk - Clearwater Sr. High. Approx. cost �$00.00. 'ifI��. 1. 4tlas for house numbering. �p�rox}mate cost :�170.00 2� Installation of 12 ton air conditionin� window unit in City iVIanager's office. Approxima�e cost �250.00. � Total �Q6�7.l�$ December 26, 1p56 Board of (%ity Commissioners, City of Clearwater, �lear�vater, Florida. Gentlemen: �-�'� :�� IL is very apparent to us at this time that the tirne and effort renuired for our auditing services for the Cityts fi,scal year endin� June �0, 1957 will just�fy a fee considerably in e�cess of 'the fee basis of �6,000.00 a year established sex�veral years a�o. Accordin;l,y, we sh�uld like to �resent for ;Tour consideratiion our request for an adjustment of the basis o� our fee along l:he following lines. U�e have advise� you in a separate cor�rnunication that a f air and reasonable fee for the audit work for the fiscal year ended June 30, 1956 is ypy,0U0.00, :nd at Lhis mid-�ear point it is very evident that the volume of financial �ransactions for t,he fiscal year 195'7, and therefore the �udit work pertaining thereto will be greaier than for the fiscal year lg5o. �Jne difficulty with whichve have been coni"ronted ever since �bre close of World War II has been the fact that our audit fee for each fiscal year has been included in a budget adopted prior to the beginning of the year Lo be audited, without reg�rd for the increase in work resultino from the 'incr�a;ssd growth of the City wl�icii would be involved. Under daie of February 1$, 1g52 in a letter addressed to P�fr. Francis I�liddleton, then City i�!anager the writer su_;gesLQd that inasmush as the extert of the audit work bore a. close relationship i�o Lhe amount of Lne Citiyts expenditures, a formula i�e a�reed upon as a ceiling for the audit fee, but that in any event the fee wou?d be based on reoular per diem rates which could result in a fee less than the ceiling amount�� In the letter referred to, the writer stated �tI should consider one-half of one percent of the Ciay�s toial expenditures af evzry description for tne fiscal year, excluding principal and interest payments on all bonds, revenue certif icates and ot her City oblioations, as being a fair and equitable basis for �he determination of reason�b]:e compensation for the audit services.�� I understand that this suggestion received favorable �.:or_sideraLior. by the City �ommission at thaL- time but was nev�r far mally approved and there£ore never placed in effect.. As we have been at all Limes in Lhe past, we �ish to be entirely fair wit h the City, and are confident 1:hat t he Czty official�wish to reciprocate. In order to Contir•aed CI't'Y CO%'I'�i'lISSTOi� MEE'1'INCl Decernber 31, 195(� permit a rnuch-n��ded flexibili�y in the audit fee to accqmodate the variation in tirae and effort required on the v�ork., we resrectfully request that our audit fee for the fiscal year ending June 3�, 1957 and subsequent ;•ears he detertnined as follows: �1 tenative fee of w:9,000.00 per ,year gayable b�-weekly, we to kee� comple�e and accurate time records of the time required or. �he ��ork. After the close of Lhe iiseal.3��r .ar�d�•i;l�e delivery of the audiL re�ort thereon, we shall adviae t11e Gity oi the amount of the iee hased upon re ;ul�r rer diem rates applied to Lhe Lotal t;ime clevoterl t o the ye•�r � s work. If the fee de�;errnined in this mann�r is less than .�9,U00.00, we shall re�ay to Lhe City Lhe amount of excess fee r�ceived, and if t,r� fee determined uFon zhe basis staLed is in e��:cess �f y;:y,GU0.U0 1:he City vaill pay owr firm �he clifference. '�ie believe th�s aman;smeht will be emin�nr.ly fair and just both to the Cit3* and to our firm, and assure ypu that .ae shall at a11 Lii.Qs endeavor to accomglish t,he audi�C in the very least ti�ne consistent wi-ch tinorou;h and eff.ieient vlork. Flsase be assttred that we are �rea.tly intei ested in conLinuir.� to serve the City as "ixs special auditors and value very hi;i;ly the confiderce whieh Lhe Citv has placed ir, us over �he years. ' lI.�:1' : jm Yours very truly, 'liJFiP�T�UIiitii:., Fi�tCCK ::Ti;7 Ftr�Ii�ES ; s/ H, i�:. 'lurnb�zrke December 26, 1955 BoarcT of City �ommissioners, Gity of Clear.water, Clearwat�r, Florida uenLlemens i�s we �re sure you realize, the �ubstartial ard conLir��in� ��vLh of tile City �u»xzr:� the past few years has recess�rily been ac�om�anie� bzr a similar orowi;h in tihe volume of the City' fir.ancial trar.sactzons. `rhis ir. turn has resulted in a subsLarLially ir_creased arnount of time a.r_d effort reauired to b� devoted Lo the pro�er audiL of the City's books and records. � ?Ne found thaL for the fiscal year ended June 30, 1�55 the ti�,ie re�auired for the audii work of Lhati year exceeded our fee. However, v�e decided to con- tinue throu�h another f iscal �ear at the same fee befor e requestzn� the City ior an adiustr.ner.t� Upon ihe conelusion of our audit for r,he fisca.l year ended June 30, 1956 and the submission of our report thereon, we have deterc�ine3 that Li�e fee which we have received for this work is far „hort of a reasonable an,ounL of compensat�on for our services. 'Phe present fee is kb,000.00 per ,�aar and was fixed at this ar:iount several ;rears ago. 13ased upon deLailed time records which we h.ave rr�aintair�d., a fee of :N:9,C00.00 for our auditin�, consulLatinn ar.;� systern rzvision services for the fiscal year ended �une 3C, 1956 would be reasor.able. ��Je have erdeavorad at all Li�res to render �hornu�h and �onscieni;ious services �o the Cit}�, ar.d w= feel that tihe City unquestionably has received more than full value for the sum of �9,000.00. Accordingly, we respectfully request your favorable consideraLion of the adjusLrnent of nur audit fee for the fiscal year er.ded June 3Q, I956 in line with th:: amoizn� which we have stated 'nerein. H;d'r ; jm Board of City Commissioners, Git y of Clearwater Clearwater, Florida Gent 1 erne n : Yours very truly, 'tL'RI�F3URK, tsi�JCK A�l'D Ht�IhES /s/ H. �.1. 'Purnburke December 26, 1956 AL Ghe ti�,:e the f�:�m of Arice tNaterhouse and Com�ny, Gertified Public accountants, was consulting with Gity officials regardir.g LhaL firm making � balance sheet audit of the Cityts boolcs and records as at Jun� 30, 1g56, said Continued �� _�- � ,,f� CITY COT�'f�iIISSION MEET7NG December �1, 1956 Continued firnis representatives and City officials inc�uired of inembers of our firm whether we would make available to them all of our work papers and confer with t hem during the progress of their audit to explain our auditing pro- cedures and athar matters in or der �o decrease the �ime which they other- wise wauld have to devor.e to their audit. I� rE�ly to t his inquiry we stated. that we should be entirely willin; to review our� work papers with them, confer wiLri thern as requested and generally to cooperate with them in ever}T way during r�he �ourse of their p��agement. A�ee was subsequ�:nt,ly a,,reed upon by the City for the services of Price GVaterhouse and Company, and they perforrned L-heir audit and submi.tted their report Lheron under date pf ATavember 5, 19�6. The members of our firm and staff cooperated fully with �he partner and staff inembers of Fxice Waterhouse and �ompany who were hand�.ing whis engagement. t�e reviewed our woxk papers aL Zength with tinem, conferred a�;reat many times with them Lu explain our auditing procedures and the general back�round of the �it}='s financial structure, as well as the various routine accounting proceduras followed by the Cityts personnel. Our relations with the representatives of Priae jVaterhouse and Company were cooperative and «greeable at all timc-s diuring their engagement . As we are sure you will appreciaLe, the assisi;ance which we rendened the firm of Price W�.terhouse and �ompany as described above necessaz�ily consumed a great amount of time , alt:.ou�h a still greater amount of t iaie would undoul-l-�edly have had to be expended. by Price 6+laterhouse and Company to obta�.n unassisted the ir.formation which we furnished. We feel that Lhe sum af �1,OOq.00 would be a fair and re aspnable fee for these exLra services w hich wz rendered the City in connectio�i �th �he Frice Waterhouse and Company enga�ement, and request that you authorize the payment tihereof. Yours very truly, TIIRNBURKE, BROCK AND RfiINES �s/ H. Pn. Turnburke Hx'��T : ef 12/�4/56 �o %1r. Gerald Weimer - AcLing City Manager Fram Mr. 0. H. Anc�erson, 5ec�y. Zoning Board Subject HIGHWAY PI�yN P��i-1 Tt zs the recommendation of tihe 'LQning Bosrd that the Highwaq Plan MR�1 sub� mitted to Lhe Zoning Board, by t he Planning Boar d be accepted, a nd t he reconunendations of the Planning noard be referred to t'ne City Corruaission for their approval. QHa:bk cc: Uir. A.N1a Kruse RESpLU'1`TaN 56 - � WHE�.EAS: it has been determined by the C�ty Connnission oi' the City nf Clearwat�r, Florida, that t he prorerty described below should be cleaned of wee@s, grass an� / or underbrush, and that after ten (10) days notice and failure of the owner thereof to da so, the City should cleam:such property and cYiarge the costs thereof against the rasF,ective �roperty< 1�OW 1'HEREFORE �E I`i' FiESOLVFD by the City Commission of the City of �Ze�rwater, rlorida, tYiaL' the followi.ng described property, situate in said Citp, shall be cleaned of weeds, grass and / or underbrush within �en (10) aays afcer notice in writing to the o�vne�^s thereof to do so and that upon �'ail.ure to comply v�ith said notice, the City shall pe•r�orm such clzaning az�d charge the costs �n�reof against the respective proper�ies in accordance with SecL-ion 12$ of th� Gharter of �the Gitv of Clearwat�r as amended. N�� DESCRIP2ION COST 1�Ter1e P�> Chamberlain Loti 1 726 1$th Ave, I�.E. B].ock C St. Petersburg, Fla. McVeigh Sub. °� S.C10 El�er C. DeFlaun • I�ots 2� 3 Vine St. B1oek C. niyack, N. Yo P�cVeigh Sub, 10.00 Johr_ R. Burrison Lots b, '7 p'�• �� ~ $2 Unit 1 City Russell's Sub, 10.00 Continued 0 0 CT'iY COi�7ISSI4A Nf�L��ZNG necember 31, 1g56 NAME Gont inued DESCRIPTION COS^1 Cur�is & Gross, Ince L�=��---- 31q S, i�[�,sspuri Ave. Block F, Unit 4 City Skycrest Sub. ;� 5.00 H. A. Laay �6� � 1.4.66 Franklin S�. Block C, Unit 2 ��t�' Sk�crest 5,00 Jacob Saunders Lots 2, 3 $ N. Hercules B].ock B, Unit C City Skycrest Sub. 10,00 Chester K. Lynch, Jr, Lot 9 Caliiornza, Md. Block B, Unit C Skycrest Sub< �,�Q FASSED AND ADOPY'L+'D F3Y `1'i� Ci�y Commission af 'the Ci.ty of Clearwater, Flori.da, This 33si'day of December, A.D, 1a5�, k`P'1 ES'1' : �s/ R, G. WhitehEad Ci�y l�uditor arAd Gler� Honorable Ciby ComruissionErs Clearwater, rlorida Gentlemen: �s� GTo E, Strang, Jr, Acting Mayor-Commissioner December 13, 1956 As Trustees of'the City of Clearwater EmployeesT Pension Aund, you �re herebq notiiied that Robert Hulett, Patrolmen - Folice Dept. has been duly examined by a local ph3�sician and deszgnated by hirr as a s�Fir�st Class1t risk. `i'he above employee began his serviee with zhe City on June 11, 1g56 is under 1�5 years of a�e (born Oct. 23, 192$ and meets the reouis em�nz s of our �ivi1 Service. It is hereby �ecommended by the Adv3sory �ommit�ee that h2 be accepted into membership, Very truly yours, Advisory Commit�tee of The Employees' Pension Fund. �s/ Paul Kane, Chairman �s� Dorothy Roth /s/ Dick Ivelson � t^s�+ 1 �� i w..- axnz�ANc� r�o. 7z� AN OHLIfiANC� DEGLA�I�G �'HE INTEN�'IQN OF �H� v^S'1'Y UF CI,FanE:iFl4`i�.+�i 3^0.l1T�1PrF�.�3: ACI�AU'E HETtF;t�F`I'EI�'. T7�SCRI�3ED, t'�HZCH IS �N AR.�A OF DRUI� b'�1IJC?R SUBDIiIISIDIV: TiV'3'0 `TFiE CqBT'ORA�� LIY�I�S (7F `1'HE CI1Y f?F C�AI?ttiA1�Fi 1�L�J8�DA, UP�1� ��IE �XpTF2A- "1'TOI� OF 1HIfdTX (3a3 llAYS FIi03�1 THE I'ASSTNG OF THIS QRDIPT�IdCE, ACCO�DIIVG �'Q �H� i�.OV7:8I0�tS OF 5EG2IOId 1'�1.0�., FT�dn,ID� �Tti1U`r�S i955; t1I�D PR�i- xTTI3IhCz I'OR `PH:e EFk�EC1IV� DA1E 0� TFiTS ORDT.hl�t�Cis^s B�s IT QF�DAI1�7i�D BY 't'H� CITX W1��ILiISSIOA; OF '1I-iE CITY �F CLEr�$i�%A1'L�`P., FLO��L'As Se�;tiian l. The C:i.ty o.f Glearwxter,, F'].orida, acting hp and tiv^ough its U'ity Cor�nis:�io'n, hareby d�clares its intentior� to annex into the corporate limi.ts of the City of Clearwater, FI.or3,d�y the following described iands �.yiug nontiguous to the tierra.torial. limits of said Cit�r, which landa cantain less �han ten (10) registered �ro�ers: �'rc��n �he NorLh West corner of the Sauth East 1/4 of Section 13, jnwnship 29 South, i?�ngo 15 East run Sou�h 0 degsees 39� 5�'� E�zst along the North and Sa'uth center-line of said Section 13, 1329.1�3 feet to the �.0 acre li.ne �flr P,0.8., thence Sotith �9 degrees 13r 57.fr EasL, alor� the l�0 acre ?ine 31.0 feet, thence 5outh 0 clegre,es t{.Or 3gn Yt�ea� 1�91r.$9 #'eet, Thenae itiorth $9 riegrees zOp 1�3.�T ties� 3b7,04 fee�, thence Nort�a 0 degr�es i�b� �.3°i t�test t�g5.0 feet to the l�tT acre 1ine, thence South $q degrees 20 ��.],n �ast, a;.o�g the 4�i aGre line, 342. ; 9�eet Uo P.O.B., Zess the North 330<0 fee�t oi above descri�ed �arcel ne�� in ��e Citq of Glear�aater. �ectiion 2. 2hs Gi�p of Clear°water, ac�in� by and throu�h its City Comrni.ssion :i��i.ends to annex �Y�e faregoing lands a.^.cordxng to the provisions af Sectiqn .I7].604, FZarida S�atutes ).95,5, and to that end the Gity Auditor and Glerk is hereby directed to publish'this Ordinanee in thz Glearwater Sun, a newspapes pu�lished in �he City of Clearwater, once a sveek for four (l�j consecutz.ve w�el�s iuunediaLely a�ter the passage vi �his Ordi;�ance�, Secti�n 3. 3'his Qrdznance sha3Z tsecome effecLive imuiediately upon its passage, FASS�� QN FISST REAIIII�T� December 31, 1�6 ' P�3SEb Dh3 SECOT�� READING December 3�, 1956 PE15SEi? �Pd l�i$D AIdB' �'INiiiLL R��IUING AiGD ADOP�E� Decemb�r 31, i956 A`1' L EST: �s� R. G. ��hitehead �ity kuditor ar�d C�erk js/ c,. �, Stra.ng, Jr, �icting ,�[ayor-Commissioner