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04/20/1989 CITY COMMISSION MEETING April 20, 1989 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, April 20, 1989 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Lee Regulski Commissioner Don Winner Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Also present: Ron H. Rabun City Manager M.A. Galbraith, Jr. City Attorney William C. Baker Public Works Director Paula Harvey Acting Planning & Development Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Reverend William E. Kline, Trinity Baptist Church. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. III - Introductions and Awards. Proclamations: 1. Global Releaf Day - Arbor Day 1988 and 1989. 2. Nursing Home Week - May 14-21, 1989 3. Secretaries Week - April 23-29, 1989 IV - Minutes of the Regular Meeting of April 6, l989. Commissioner Fitzgerald pointed out that on page 157, Item #10, the name "Berfield" should be "Fitzgerald." Commissioner Nunamaker moved to approve the minutes of the regular meeting of April 6, 1989, as amended and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. V - Citizens to be heard re items not on the Agenda. Lois Cormier reported on S. Greenwood residents' meetings to address crime problems in the area. She thanked the Commission for police assistance and requested that the police budget not be cut. VI - Public Hearings Item #9 - Public Hearing and First Reading, Ordinances 4797-89 and 4798-89 - Petition for Annexation and RS-6 Zoning of property (4.9 acres) located on the S side of C.R. 193 immediately E of Paul B. Stevens Exceptional Student Center, S of S.R. 588 and W of McMullen Booth Rd., M&B 41.02, Sec. 5-29-16. (Oak Leaf, Ltd.) A 89-3 (PL&D) The property is developed with a single family residence which is proposed to remain and be included when the parcel is platted as a single family residential subdivision. City water and sewer could be extended to serve the property. Paula Harvey, Planning Director, stated there is a recreation fee due for the existing residence. An abutting property owner expressed concern regarding the barbed wire fence between the properties. The Planning Director indicated the developer normally provides for uniform fencing around subdivisions; however, the City does not regulate the types of fencing used in the County. Commissioner Nunamaker moved to approve the annexation and RS-6 zoning of the subject property including the abutting right of way. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4797-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4797-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The City Attorney presented Ordinance 4798-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4798-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #10 - Public Hearing and First Reading, Ordinances 4790-89 and 4791-89 - Land Use Plan Amendment from Low Density Residential to Commercial/Tourist Facilities and Zoning Atlas Amendment from RM-8 (Multi Family Residential) to CN (Neighborhood Commercial) for property (0.32 acres) located at the SE corner of the intersection of N. Myrtle Ave. and Marshall St., Lots 5, 6 and 7, Blk B, Norwood Sub., Sec. 10-29-15 (Okuboye) LUP 89-2, Z 89-2 (PL&D) The property owner desires to convert the existing residence on Lot 5 to a medical office use with Lots 6 and 7 to be developed with parking to serve the office use. Commissioner Winner moved to approve the land use plan amendment to Commercial/Tourist Facilities and Neighborhood Commercial zoning on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4790-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4790-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The City Attorney presented Ordinance 4791-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4791-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Public Hearing - Second Reading Ordinances Item #11 - Ordinance 4762-88 - Land Use Plan Amendment from None to Commercial/Tourist Facilities for property annexed in Ord. 4764-88, LUP 88-33 (Contd. from 4/6/89) The City Attorney presented Ordinance 4762-88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4762-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Nunamaker, Winner, Fitzgerald and Garvey. "Nays": None. Item #12 - Ordinance 4763-88 - Zoning Atlas Amendment as Commercial Center (CC) for property annexed in Ord. 4764-88, A 88-44 (Contd. from 4/6/89) The City Attorney presented Ordinance 4763-88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4763-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #13 - Ordinance 4764-88 - Annexation of property located on the S side of Belleair Rd., approx. 475 ft. W of Missouri Ave., consisting of Lot 15, Loveland Subdivision, (Foley) - (Contd. from 4/6/89) The City Attorney presented Ordinance 4764-88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4764-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #14 - Ordinance 4783-89, Relating to the Land Development Code - Amending Section 134.006 to clarify the definition of surface area of a sign. The City Attorney presented Ordinance 4783-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4783-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #15 - Ordinance 4784-89 - Zoning Atlas Amendment as Single Family Residential (RS-6) for property (0.24 acres) annexed in Ord. 4785-89) (Brooks) A 89-1 The City Attorney presented Ordinance 4784-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4784-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #16 - Ordinance 4785-89 - Annexation of property (0.24 acres) located on N side of Burnice Dr., approx 425 ft. W of Belcher Rd.; Lot 6, Glen Ellyn Estates, Sec. 24-29-15 (Brooks) A 89-1 The City Attorney presented Ordinance 4785-89 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4785-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #17 - Ordinance 4786-89 - Zoning Atlas Amendment as Single Family Residential (RS-8) for property annexed in Ord. 4787-89 (Brenner) A 89-2 The City Attorney presented Ordinance 4786-89 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4786-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #18 - Ordinance 4787-89 - Annexation of property (0.20 acres) located E of and adjoining the intersection of East Dr. and South Dr.; Lot 6, Blk A, Clearwater Highlands Unit B, Sec. 02-29-15, (Brenner) A 89-2 The City Attorney presented Ordinance 4787-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4787-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #19 - Ordinance 4788-89 - Land Use Plan Amendment from Low Density Residential to Commercial/Tourist Facilities for property (0.28 acres) located east and west of Bamboo Lane approx. 330 ft. S of Gulf to Bay Blvd (S.R. 60); Lots 3 and 10, Bamboo Sub., Sec. 13-29-15 (SDS Investments) LUP 89-1 Z 89-1 Commissioner Regulski moved to amend Ordinance 4788-89, in Section 3 after adoption delete the period and add "subject to the approval of the land use designation by the Pinellas County Board of County Commissioners." The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4788-89 for second reading, as amended, and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4788-89, as amended, on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #20 - Ordinance 4789-89 - Zoning Atlas Amendment from Single Family Residential (RS-8) to General Commercial (CG) for property (0.28 acres) described in Ord. 4788-89 (SDS Investments) Z 89-1 LUP 89-1 Commissioner Regulski moved to amend Ordinance 4789-89, in Section 4 after adoption, delete the period and add "subject to the approval of the land use designation as set forth in Ordinance 4788-89 by the Pinellas County Board of County Commissioners." The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4789-89 for second reading, as amended, and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4789-89, as amended, on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #21 - Ordinance 4795-89 - Amending Section 136.024(d)(6), Land Development Code, to provide that an application for variance from separation requirements for an alcoholic beverage establishment be filed with Development Code Administrator rather than City Clerk. The City Attorney presented Ordinance 4795-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4795-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. CITY MANAGER REPORTS VII - Consent Agenda (Items #22-#41) - Approved as submitted less Item #34. Bids & Contracts - Approved. Item #22 - Award contract for Replacement Air Handler and Cooling Tower located at the Main Police Station, 644 Pierce St., to Southeast Mechanical Service, Tampa, at a cost of $18,841. (GS) Item #23 - Award contract for the Repair and Replacement of the Roof located at 507 Vine Ave., to P. Greco and Sons, Inc., St. Petersburg, at a cost of $35,000. (GS) Item #24 - Award contract for Roof Gutter and Downspout Repairs at Vehicle Maintenance Facility, 1900 Grand Ave., to P. Greco & Sons, Inc., St. Petersburg, FL, at a cost of $12,650. (GS) Item #25 - Award contract for one hundred sixty five (165) Toshiba Model T1200FB Lap Top Computers to A.P. Computer Systems, Clearwater, at a cost of $238,548.75. (PD) Item #26 - Award contract for seventy-two (72) metal Halide replacement light fixtures for Carpenter Field to Chemco Electric Supply, St. Petersburg, at a cost of $12,708. (PR) Item #27 - Award contract for 2,200 gallons of traffic paint to Pride of Florida, Clearwater, at a cost of $11,240. (PW) Item #28 - Award contract for 300 gas meters with connections to BTR/Rockwell Gas Products, Pittsburgh, PA, at a cost of $15,480. (PW) Item #29 - Award contract for the installation of 3,200 ft. of 4" polyethylene gas main along Indian Rocks Rd. from Osceola Rd. to Ponce De Leon in Belleair, to Suncoast Plumbing, St. Petersburg, at a cost of $21,158. (PW) Item #30 - Approve payment for Water Sampling Analyses to Haines Testing Laboratory, Inc., at a cost of $20,700. (PW) Change Orders - Approved Item #31 - Approve Change Order No. 1 to Contract for the Marshall St. Advanced Pollution Control Facility, + $18,287 for a new total of $16,717,287. (PW) Citizen & Staff Requests - Approved Item #32 - Request from Fun 'N Sun Committee for Waiver of Fees and Charges (est. $16,672.97) for 1989 Festival, and grant permission to authorize all vendors for Fun 'N Sun events. (CM) Plans & Plats - Approved. Item #33 - Approval of Final Site Plan for Shoppes at the Savoy Phase II (1.6 acres) located on the W side of McMullen Booth Rd., N of Terrace View Lane; W portion of M&B's 32.01 and 32.02 (after ROW acquisition for McMullen Booth Rd) Sec. 9-29-16; (Sauder) PSP 88-25 (PL&D) subject to the following conditions: recommended by D.R.C: 1) prior to issuance of a building permit, copies of approved DER (Department of Environmental Regulations) and SWFWMD (Southwest Florida Water Management District) permits must be submitted to the Public Works Department; 2) prior to certification, the interior landscaping must be delineated by shading or cross hatching and square footage of each landscaped area must be so designated on the plan; the interior landscaping is subject to approval by Environmental Management prior to certification; 3) prior to certification, the site plan must address water quality requirements of the CIty of Clearwater; the site must provide dry detention basins to hold the first 1/2" runoff; 4) an additional on site hydrant must be provided as required by the Fire Department; one of the parking spaces in front of the building must be marked for fire access; these must be shown on the site plan prior to certification; 5) the handicapped spaces must be redesigned as required by the State Law and must be shown as such on the site plan prior to certification; 6) prior to the issuance of a building permit, an easement over the water line to the hydrant must be provided as required by Utilities; 7) if determined to be required by Parks and Recreation, open space fees must be paid prior to certification of the site plan; 8) signs and fencing/walls are subject to separate review and permitting; 9) all maximum/minimum (percentage) requirements must be provided with the site calculations on the final site plan prior to certification; 10) the proposed F.A.R. must be provided on the site plan prior to certification; 11) any variances previously approved must be valid at the time of Commission review of the final site plan; 12) the requisite initial building permits must be procured within six (6) months from the date of certification of the final site plan and all requisite certificates of occupancy must be obtained within three (3) years of date of certification of the final plan; and recommended by Staff: 13) prior to certification, a statement must be provided on the site plan indicating there will be no canopy encroachments into the right of way for McMullen Booth Rd. as restricted by Pinellas County Public Works Department. Item #34 - see page 7 Receipt & Referral - Received and referred to proper departments. Item #35 - Petition for Annexation and RS-8 (Single Family Residential) Zoning for property (0.20 acres) located at 1857 East Dr. approx. 375 ft. S of Sunset Pt. Rd.; Lot 5, Blk A, Clearwater Highlands, Unit A., Sec. 02-29-15 (Collins) A 89-6 (PL&D) Item #36 - Petition for Annexation and IL (Limited Industrial) Zoning for property (1.6 acres) located at 1151 Kapp Dr. on the E side of Kapp Dr. approx. 600 ft. N of Palmetto St.; M&B 13.11, Sec. 12-29-15 (NUS Corporation) A 89-7 (PL&D) Item #37 - Petition for Annexation, RM-12 (Multi Family Residential) Zoning and a Land Use Plan Amendment to Medium Density Residential for property (0.5 acres) located a the SE corner of the intersection of Evergreen Ave. and Union St.; Lots 1, 2, 9 and 10, Blk E, Brooklawn Sub. Sec. 03-29-15 (Pearce) A 89-8, LUP 89-5 (PL&D) Item #38 - Petition for Annexation and IL (Limited Industrial) Zoning for property (12.71 acres) located on the W side of Hercules Ave immediately N of the S.C.L. Railroad; M&Bs 34.26, 34.27 and 34.25, Sec. 1-29-15; M&B 21.01, Sec. 12-29-15 (Clearwater Concrete Industries, Inc.) A 89-9 (PL&D) Item #39 - Zoning Amendment to AL/I (Aquatic Lands/Interior) for eight parcels (20.5 acres) whose boundaries are within property located between McMullen Booth Rd. and Landmark Dr., N of Countryside High School, 3030 McMullen Booth Rd.; portion of M&Bs 32.00 and 41.01, Secs. 20-28-16 and 21-28-16. (City of Clearwater) Z 89-6 (PL&D) Item #40 - Amendment to the Land Development Code Section 134.008(2) relating to Political Signs LDCA 89-06 (PL&D) Item #41 - Amendment to the Land Development Code Section 136.024(d) relating to Separation Requirements for Establishments Selling Alcoholic Beverages LDCA 89-07 (PL&D) Commissioner Nunamaker moved to approve the Consent Agenda as submitted less Item #34 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Item #34 - Authorize review by the D.R.C. of the Preliminary Subdivision Plat for the Replat of Lots 22 and 23, ( 1.1 acres MOL) Eagle Estates located on the E side of Eagle Estates Circle E., E of Landmark Dr., between S.R. 580 and Curlew Rd.; Sec. 20-28-16 (Warren) SUB 89-04 (PL&D) subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) the survey must be corrected to include land recently dedicated to the City for roadway purposes; 3) the DER (Department of Environmental Regulations) wetland jurisdiction line will require bearing and distances and 4) a 15 foot easement will be required over the storm sewer pipe which crosses the property and the storm line should be shown on the preliminary drawing. The Planning Director indicated that the replat is being requested to enlarge Lot 22 with part of Lot 23. She stated a protected marshland area exists on the property and the design of the houses will protect this area. She also indicated the applicant feels his proposal is not only in compliance with the Land Development Code but the private deed restrictions for the development as well. In response to questions, it was indicated that the allowable minimum size of a lot in this development is 10,000 square feet with the buildable area being one-third to 45 percent of the lot. The Planning Director indicated it is her understanding the applicant will not be requesting any variances. Five letters of opposition were submitted. Attorney Edward Armstrong, representing the applicant, stated his client has worked diligently with staff and the Department of Environmental Regulation (DER) to establish the wetland jurisdiction line; that the proposed structures do not encroach into this area; and that the request meets all the subdivision requirements of the code and, therefore, the Commission has no reason to deny the request. He indicated the private deed restrictions are not at issue before the Commission. Attorney Nathan Hightower, representing the Eagle Estates Homeowners Association, spoke in opposition indicating the original plat has been in existence for a long time and had been incorporated in the deed restrictions. He felt the Commission did have the authority to deny the request. He also expressed concern that there were no topography plans and that the subject lot would require fill. Discussion ensued regarding the buildable area of a lot in accordance with code and with the development's deed restrictions. Commissioner Winner moved to authorize review and final action by the D.R.C. of the preliminary subdivision plat for the replat of Lots 22 and 23, Eagle Estates subject to 1) signs and fencing/walls are subject to separate review and permitting processes; 2) the survey must be corrected to include land recently dedicated to the City for roadway purposes; 3) the DER wetland jurisdiction line will require bearing and distances; and 4) a 15 foot easement will be required over the storm sewer pipe which crosses the property and the storm line should be shown on the preliminary drawing. Motion was duly seconded and carried unanimously. Upon the vote being taken, Commissioners Winner, Regulski, Nunamaker and Mayor Garvey voted "aye". Commissioner Fitzgerald voted "nay". Motion carried. VIII - Other Items on City Manager Reports Item #42 - Resolution 89-17 - Renaming Eugenia St., abutting Lots 1 - 5 and Lots 11 - 16, inclusive, Georgas Sub., as Pinellas St. (PW) Eugenia Street is a dead end street running east off of Greenwood Avenue just S of the intersection of Pinellas Street. Ninety percent of the property owners on Eugenia Street have signed a petition asking that the street name be changed to Pinellas Street. The request has been reviewed by various departments/divisions which might be affected and there is no objection. Commissioner Winner moved to pass and adopt Resolution 89-17 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #43 - Commission to elect one member of the Commission to serve as Vice Mayor. (CLK) In accordance with Article II, Section 2.05 of the City Charter, the Commissioners shall at the first meeting following installation of Commission members, elect one of its members as Vice Mayor. Commissioner Nunamaker moved to elect Commissioner Winner as Vice Mayor. The motion was duly seconded and carried unanimously. Item #44 - Commission appoint Commission members to represent them on Regional and Miscellaneous Boards. (CLK) The various boards and proposed appointees are as follows: Board (Date/Time of Meeting) Delegate Tampa Bay Regional Planning Council (TBRPC) Fitzgerald (2nd Monday - 9:30 a.m.) Pinellas Planning Council (PPC) Winner (3rd Wednesday - 9:00 a.m.) Metropolitan Planning Organization (MPO) Regulski (4th Friday - 2:00 p.m.) Florida League of Cities Board of Directors Garvey (as scheduled) Pinellas Industry Council Nunamaker (2nd Wednesday - Noon) Performing Arts Center & Theater Board of Directors Garvey (PACT) EMS Advisory Council Garvey (Charter requires Mayor to serve as representative) Mayor's Council of Pinellas County Garvey (1st Wednesday - Noon) Joint School Board Meeting Garvey Suncoast Municipal League Fitzgerald Commissioner Winner moved to appoint those members as recommended to represent the Commission on the various Regional Boards. The motion was duly seconded and carried unanimously. IX - Other Pending Matters - none. CITY ATTORNEY REPORTS X - First Reading Ordinances Item #45 - Ordinance 4803-89 - Relating to purchases by City; amending Sections 42.20 and 42.21, increasing limitation on purchases of commodities without formal competitive bidding from $7,500 to $10,000; amending Section 42.23, increasing limitation of purchases of commodities without City Commission approval in certain circumstances from $7,500 to $10,000; amending Sections 42.30 and 42.31, increasing limitation on public works contracts without formal competitive bidding from $7,500 to $10,000. The Mayor requested that the Commission reread this ordinance as she felt more consistency is needed in the wording, for example, "in excess", "up to", etc. and amend for second reading. The City Attorney presented Ordinance 4803-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4803-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. XI - Resolutions Item #46 - Resolution 89-20 - Dedicating the S'ly 65 ft. of a tract of City owned property as a drainage and utility easement - located E of Belcher Rd., N of CSX Railroad Tracks, in Section 7-29-16. (CA) In response to a question, it was indicated the City would avoid future maintenance responsibility for a drainage easement if only a utility easement were dedicated. The County will provide for a drainage easement. Commissioner Winner moved to amend Resolution 89-20 in the title, in the second "whereas" clause, and in Section I, delete "drainage and", and substituting the correct exhibit. The motion was duly seconded and carried unanimously. Commissioner Winner moved to pass and adopt Resolution 89-20 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Item #47 - Resolution 89-21 - Amending Paragraph (a) of Rule 19 of the Rules of Procedure of the Clearwater City Commission relating to distribution of copies of Commission mail. (CA) Commissioner Winner moved to pass and adopt Resolution 89-21 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. XII - Other City Attorney Items Item #48 - Romatz v. City - settlement of lawsuit (Civil Case No. 88-005861-007) On December 30, 1985, claimant Meriam Romatz was descending the stairway at the east end of the Clearwater Marina building, from the second to the first floor and fell down the stairs. The loss claimed includes: Morton Plant Emergency Room - $125.50; Pinellas Ambulance - $118.05; household help for three weeks - $125.00; additional car rental and motel bill while staying in Clearwater - $300.00; Straith Clinic - $155.00 and Najarian & Buchman, DO's - $170.00, for a total of $993.55. Loss of wages of claimant and husband, $900.00 and $448.00 respectively, for a total of $1,348.00. Total monetary loss: $2,341.55. Mrs. Romatz injured her left leg and left shoulder in the fall. She continues to have symptoms which may require future treatment. The City's liability is questionable, but there is a distinct possibility that a jury will find in favor of the plaintiffs and award a sum of money far in excess of what the plaintiffs are willing to take. The plaintiff's attorney has advised a $7,500.00 settlement offer would be acceptable. It is the recommendation of the claims committee and Gallagher Bassett that this offer be accepted. Commissioner Regulski moved to authorize a settlement of $7,500 in the Romatz vs. City of Clearwater case. The motion was duly seconded and carried unanimously. Item #49 - McCloud v. City - settlement of lawsuit. Attorney Bob Walker, outside counsel for the City in this case, indicated that the mediator in the case recommended a $54,000 settlement offer. The lawsuit generates from a 1987 shooting incident of a burglary suspect by a police officer while attempting to apprehend him. He stated that it is an economic decision to settle the case, as the City has already sustained a cost of $43,000 and going to trial could cost an additional $250,000, and the City would be released from any further liability. Commissioner Regulski moved to authorize the settlement offer of $54,000. The motion was duly seconded and carried unanimously. Item - The City Attorney reported he has spoken to Jim Massie, City lobbyist, and he indicated that the bill to amend last year's bill regarding utilities collection is in good form. XIII - Verbal Reports The City Manager reported a letter had been received from the Pinellas Suncoast Transit Authority (PSTA) requesting Commission consider budgeting funds for mass transit. Consensus to copy two proposed resolutions to the Commission and discuss at the next meeting. XIV - Other Commission Action Mayor Garvey requested Commission members consider attending the Florida League of Cities Legislative Action Day on May 3, 1989. She also requested that a procedure be developed for sending letters in support or in opposition to legislative bills. Commissioner Winner requested that the state agencies involved be notified of support as demonstrated by the straw ballot for the dredging of Dunedin Pass. XV - Adjournment The meeting adjourned at 7:40 P.M.