03/03/2005
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CITY COUNCIL MEETING
CITY OF CLEARWATER
March 3, 2005
Present: Frank Hibbard
William C. Jonson
Hoyt P. Hamilton
Carlen Petersen
John Doran
Mayor
Vice-Mayor
Council member
Councilmember
Council member
Also present: William B. Horne II
Garry Brumback
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. Reverend Anita Davis
from Bethany Christian Methodist Episcopal Church offered the invocation. Councilmember
Petersen led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
4 - Introductions and Awards: - None.
5 - Presentations:
5.1 - Happy Feet Plus recoqnized for Gold Certification for Green Buildinq by U.S. Green
Buildinq Council's Leadership in Enemy Efficiency Council
5.2 - Excellence in ManaQement Recoqnition Award to Water Pollution Control Division
6 - Approval of Minutes
6.1 - City Council - February 17, 2005
Councilmember Petersen moved to approve the minutes of the regular meeting of
February 17, 2005, as recorded and submitted in written summation by the City Clerk to each
Councilmember. The motion was duly seconded and carried unanimously.
7 - Citizens to be Heard re Items Not on the Agenda
Socrates Charos, Tony Verde, and Ken Vantz invited everyone to attend the world's
largest Children's Film Festival at the Royalty Theatre March 18 - 21,2005. They plan to work
with municipalities regarding support of the arts.
.. Public Hearings - Not before 6:00 p.m.
8 - Administrative public hearings - None
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. 9 - Quasi-judicial public hearings - None
10 - Second Readings - public hearing
10.1 -Adopt Ordinance #7356-05 on second readinq, annexinq certain real property whose post
office address is 25191 U.S. Hiqhwav 19 North, into the corporate limits of the City, and
redefininq the boundary lines of the City to include said addition.
Ordinance #7356-05 was presented for second reading and read by title only.
Council member Jonson moved to pass and adopt Ordinance #7356-05 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
10.2 - Adopt Ordinance #7357-05 on second readinq, amendinq the future land use plan
element of the Comprehensive Plan of the City, to desiqnate the land use for certain real
property whose post office address is 25191 U.S. Hiqhwav 19 North. upon annexation into the
City of Clearwater, as Residential Low and Water.
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Ordinance #7357-05 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7357-05 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
10.3 - Adopt Ordinance #7358-05 on second readinq, amendinq the Zoninq Atlas of the City bv
zoninq certain real property whose post office address is 25191 U.S. Hiqhwa'l19 North, upon
annexation into the City of Clearwater. as Low Medium Densitv Residential (LMDR).
Ordinance #7358-05 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance #7358-05 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
10.4 - Adopt Ordinance #7386-05 on second readinq, amendinq the future land use plan
element of the Comprehensive Plan of the City. to chanqe the land use desiqnation for certain
real property whose post office address is 25191-05 U.S. Hiqhwav 19 North, from Residential
Suburban and Water to Residential Low and Water.
Ordinance #7386-05 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7386-05 on second and final
. reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
10.5 - Adopt Ordinance #7387-05 on second readinq. amendinq the Zoninq Atlas of the City by
rezoninq certain property whose post office address is 25191 U.S. Highway 19 North. from
Commercial (C) and Open Space/Recreation (OS/R) to Low Medium Density Residential
(LMDR).
Ordinance #7387-05 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7387-05 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
10.5 - Adopt Ordinance #7371-05 on second readinq, vacatinq a portion of the 50-foot riqht of
way of First Avenue (AKA First Street per field). subiect to special conditions.
Ordinance#7371-05was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance #7371-05 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
19.7 - Adopt Ordinance #7372-05 on second readinq. vacatinq a portion of the easterly one half
of the 70-foot riqht of way of Gulfview Boulevard (AKA South Gulfview Boulevard per field).
subiect to special conditions.
Ordinance #7372-05 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7372-05 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, DOian, and Hibbaid.
"Nays": None.
City Manager Reports:.... None.
11 - Consent Agenda - Approved as submitted.
11.1 - Approve one Reqistered Architect position (1.0 FTE) for the Planninq Department at an
estimated annual cost of $81.550.
11.2 - Approve the Public Dock Proiect Aqreement. Riparian Riqhts Easement and Sidewalk
Easement between the City of Clearwater and Island Way Gill. Inc. and authorize the
. appropriate officials to execute same.
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11.3 - Approve the final plat for "Moorinos Townhomes IIA" located on Bayway Boulevard North
. approximately 800 feet East of the intersection of Harnden Drive and Gulfview Boulevard.
11.4 - Approve the final plat for "Moorinos Townhomes IA" located on Bayway Boulevard North
approximately 800 feet East of the intersection of Harnden Drive and Gulfview Boulevard.
11.5 - Accept 5-foot Water Main and Utility Easements over. under and across a portion of
Bayside Subdivision Number 2. Lot 26 conveyed by Labella Vista of Clearwater. LLC. and
Bayside Subdivision Number 2. Lot 27 as conveyed by Briohtwater Point. LLC. both oiven in
receipt of $1 and the benefits to be derived therefrom.
11.6 - Approve the final plat for "Woodlawn Oaks Subdivision" located approximately 500 feet
East of the intersection of Martin Luther Kino. Jr. Avenue and Woodlawn Street.
11.7 - Approve the final plat for "Briohtwater Cove No.2" located on Briohtwater Drive
aooroximately 450 feet East of the intersection of Hamden Drive and Briohtwater Drive.
11.8 - Approve a Quit Claim Deed from the City of Clearwater to the Sea Captain. a Florida
General Partnership. replacino the leoal description on a previous Quit Claim Deed to the Sea
Captain. approved by Council on January 15. 2004. and authorize the appropriate officials to
execute same.
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Councilmember Hamilton moved to approve the Consent Agenda as submitted and that
the appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
12 - Other items on City Manager Reports
12.1 - Pass on first readino Ordinance #7368-05 approvinq new (las utility rates to become
effective for all billinos on or after April 1. 2005.
The current gas rates and service charges of the Clearwater Gas System have been
effective since May 1, 2002, and the monthly customer charges have not changed since
October 1, 1997.
The primary intent of the recommended revisions is to increase the "Monthly customer
charge," certain "Propane (LP) gas service rates," and "Other miscellaneous gas charges" for
ancillary services to reflect increased labor costs and providing services to remain competitive.
The secondary intent of the recommended Rate Ordinance request is to provide clarification
and minor editing of the verbiage in the current rate ordinance.
This revised ordinance also provides that the Gas System Managing Director may
approve Energy Conservation Programs undertaken by CGS. The City Manager or designee
must still approve any adjustments to the Energy Conservation Allowance, which serves to fund
these programs.
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This recommendation is cost-based and responsive to the competitive challenges that
can be expected for the foreseeable future. The rates reflect a fair allocation of expenses to the
appropriate customer classes. The proposed rates will provide a more equitable structure to
ensure the growth potential of the Clearwater Gas System while providing an adequate return to
the City of Clearwater which helps offset the City's ad valorem tax rates.
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Councilmember Hamilton moved to approve new gas utility rates to become effective for
all billings on or after April 1, 2005. The motion was duly seconded and carried unanimously.
Ordinance #7368-05 was presented for first reading and read by titie only.
Councilmember Jonson moved to pass Ordinance #7368-05 on first reading. The motion was
duly seconded and upon foil call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
12.2 - IAFF Union neQotiations update.
Mr. Brumback reported the City is attempting to schedule continued negotiations with the
IAFF (International Association of Fire Fighters) focusing on FY 2003/04.
13 - City Attorney Reports
13.1 - Pass Ordinance #7382-05 on first readinQ, correctinQ Ordinance #7205-03, substitutinQ a
new map showinQ correct future land use map classifications, and Pass Ordinance #7383-05 on
first readinQ, correctinQ Ordinance #7206-03, substitutinQ a new map showinQ correct zoninQ
classifications.
Ordinance #7205-03 and Ordinance #7206-05 were adopted on December 4, 2003.
It was subsequently discovered that the ordinances had incorrect maps attached as exhibits.
The correct maps have been attached to the new ordinances.
Ordinance #7382-05 was presented for first reading. Council member Jonson moved to
pass Ordinance #7382-05 on first reading. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
Ordinance #7383-05 was presented for first reading. Councilmember Petersen moved
to pass Ordinance #7383-05 on first reading. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
14 - City Manager Verbal Reports
The Planning Director reviewed pending cases in the Old Florida District and detailed
reasons for staff recommendations for denial.
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Canvassing Board Meeting was scheduled for March 8, 2005 at 7:05 p.m. at
Countryside Recreation Center.
15 - Council Discussion Items - None.
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16 - Other Council Action
Councilmember Hamilton attended a cooking competition for four high school culinary
programs at the Harborview Center, congratulated local athletic teams, and said it was great to
see the Phil lies back.
Councilmember Jonson greeted and threw out the first ball at the Countryside Little League
game, was happy the City was named Tree City USA again, attended the Pinellas County Charter
Review meeting on Monday., and announced its "next meeting ison April 7,2005: . .
Councilmembers Petersen. Hamilton. and Doran said they enjoyed Phillies' opening day.
Councilmember Petersen attended the Pinellas County Arts Committee and Java
Junction, supports bringing the arts forward and using arts for economic development, and
attended the Downtown Development Board retreat, Innovation Groups dinner, and Friends of
Library luncheon.
Councilmember Doran congratulated Religious Community Services on their new home,
attended their Open House on February 18, thanked Clearwater Bay for allowing him to join
them for chili, and announced the Farmer's Market's chili extravaganza is on March 9, 2005 at
noon.
Mavor Hibbard congratulated the U.S. Coastguard on their 70th anniversary,
congratulated Clearwater for Youth, thanked Friends of Library for their efforts, congratulated
the oldest living policeman honored last week by the Rotary Club, apologized for his pitch on
Phillies' opening day, and said the Visioning Session was useful.
17 - Adjourn
The meeting adjourned at 7:02 p.m.
4~r~
Mayor
City of Clearwater
Attest:
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