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03/15/1990 CITY COMMISSION MEETING March 15, 1990 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, March 15, 1990 at 6:01 p.m., with the following members present: Rita Garvey Mayor/Commissioner Don Winner Vice-Mayor/Commissioner Lee Regulski 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 James Polatty, Jr. Planning and 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 Father Edward J. Mulligan of St. Brendan's Catholic Church. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. III - Service Pin Awards - None. IV - Introductions and Awards. Proclamation - Recycling Month - April, 1990. V - Presentations - None. VI - Minutes of the Regular Meeting of March 1, 1990. Commissioner Regulski moved to amend the motion of the March 1, 1990 minutes on Page 14, Item #41 by adding, after the word "covenant", the words "regarding the City's option to repurchase for the east 154 feet of the west 440 feet of Lot 11." Commissioner Regulski moved to approve the minutes of the regular meeting of March 1, 1990, as amended. The motion was duly seconded and carried unanimously. VII - Citizens to be heard re items not on the Agenda. Nick Benjacob requested he be allowed to proceed with development of property being considered for annexation. Consensus was to allow the development to go forward if the only non-conformity with the City code is one setback. Mohammed Abdul-Rahim requested more focus be placed on the drug and blighted condition problems in the North Greenwood area. Three citizens spoke in opposition to the proposed boat storage facility at Seminole Boat Ramp expressing concerns regarding traffic congestion, safety, and financial impact on the City. Jim Nolan, representing the Kiwanis Clubs of the Clearwater area presented to Police Chief Sid Klein an identification bracelet as a token of appreciation for his help in the Kiwanis Drug Free School Program. Drug confiscated money, donated by the Police Department, helped defray the cost of these bracelets. Each student in the junior high schools of upper Pinellas County who signed a pledge not to use drugs, alcohol or other mind altering substances on school grounds has been issued one of these personalized bracelets to signify their pledge and participation in the program. VIII - PUBLIC HEARINGS ITEM #9 - (Continued from 12/21/89) Public Hearing & First Reading Ordinance #4914-90 - Vacating portion of Pine St. (formerly Grove Street), Starr and Savery's Addition, between Blks 3 & 5 (Church of the Ascension, Inc., V 89-23) (PW) The applicant proposes to construct a structure connecting the main church building on the north side of Pine Street with the other church facilities on the south side of Pine Street. In another location, they propose to construct a covered walkway across Pine Street, connecting the two buildings. The City has sanitary and storm sewer systems and water lines within the right-of-way and, since the applicant proposes to develop within the right-of-way, the existing utilities would have to be either relocated or abandoned at the applicant's expense. The request has been reviewed by various City departments/divisions and, except for those of the Public Works Director, there are no objections subject to the above. Florida Power and Vision Cable have facilities within the existing right-of-way which will have to be relocated, at the applicant's expense, if an easement cannot be retained. The Public Works Director believes that because the street involved is an element of a basic residential street grid system and has been used for that purpose by the general public, the loss of that traffic route option should not be occasioned by any private interest except where some compelling public benefit would result. The City Manager indicated approving the vacation request will require utility relocation. He stated Pine Street is needed for traffic flow in the area and staff recommends denial. Bill Baker, Public Works Director, distributed a map showing the 2 one-way streets involved. He said the Church owns the property on both sides of the road and indicated vacating a portion of Pine Street would result in the loss of traffic options for the public. Harry Cline, attorney representing the applicant, indicated the easements for utilities could be retained and the applicant is looking to close the traffic access. He indicated the Church was the sole user of the right-of-way. Mr. Cline also indicated the Traffic Engineer, Police and Fire Departments have no objection to the proposed vacation. The Church facility is presently used by many community groups and the applicant desires to create and have available an intercity campus to serve the public. Two citizens spoke in opposition indicating the street has a moderate amount of traffic and concern was expressed regarding the additional load of traffic on the narrow streets and emergency vehicle access. It was also indicated many residents in the area object to the vacation. One citizen indicated, as long as the Church did not build across the right-of-way, they did not object. Discussion ensued in regard to parking and traffic flow in the area, and in response to a questions, it was indicated short and long term plans for the property had not been determined. Reverend Cobb, Church of the Ascension, indicated there was very little use of Pine Street except by the parishioners and he said the Church's outlook was to create an urban center parish. He also indicated there was no future building plan at the present. One citizen spoke in support indicating the campus atmosphere would be advantageous to the neighborhood. Concern was expressed regarding this vacation not being in the best interest of the public or the City as it would create traffic and parking problems. Commissioner Regulski moved to deny the vacation request. The motion was duly seconded and, upon the vote being taken, Commissioners Regulski and Fitzgerald, and Mayor Garvey voted "Aye;" Commissioners Winner and Nunamaker voted "Nay." Motion carried. Request denied. ITEM #10 - Public Hearing & First Reading Ordinances #4949-90, #4950-90 & #4951-90 - Annexation, RM-16 Zoning & Land Use Plan Amendment to Medium Density Residential for parcel A (1.5 acres) and Annexation, CG Zoning & Land Use Plan Amendment to Commercial/Tourist Facilities for parcel B (1.25 acres), Central Park Resub., Tract A (Metco Development Corporation A 89-26, LUP 89-21) (PLD) The annexation is requested to receive City sewer service. A petition of annexation was submitted for the subject parcel in 1979 but it was withdrawn by the owner before final action was taken. The property owner took the City to Court to obtain City water service. The property is presently served with City water. Parcel A is currently developed with four apartment buildings with Parcel B being developed as a commercial strip center. The property is an enclave within the existing City limits. Gravity sanitary sewer is not adjacent to the property but the applicant has had construction plans prepared to serve this tract. The right-of-way for Drew Street is 100 feet wide. The Comprehensive Plan indicates, in the future, Drew Street will be a six-lane divided road with a required right-of-way width of 30 feet. An additional 15 feet of land will be required from the applicant to meet these needs. The size of address numbers on the existing buildings should be changed to comply with City code prior to the second reading of the annexation ordinance. The recreation facilities fee has been paid on the apartment units but the recreation land fee is still due and must be paid prior to the second reading of the annexation ordinance. James Polatty, Planning & Development Director, said dedication of right-of-way can not be made a requirement of annexation. Max Battle, Jr., representing the applicant, indicated that dedicating 15 feet of right-of-way would result in the loss of parking spaces. Commissioner Regulski moved to approve the annexation, zoning and land use plan amendments on the subject property. The motion was duly seconded and carried unanimously. Commissioner Regulski moved to amend Ordinance #4949-90 on first reading in the title by deleting "Land Use Element" and substituting "Future Land Use Plan Element," and in Section 1, delete "Section 1 of Ordinance 2019" and substitute "The future land use plan element of the Comprehensive Plan of the City of Clearwater." The City Attorney presented Ordinance #4949-90 for first reading, as amended, and read it by title only. Commissioner Regulski moved to pass Ordinance #4949-90, as amended, on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The City Attorney presented Ordinance #4950-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4950-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The City Attorney presented Ordinance #4951-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4951-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #11 - Public Hearing & First Reading Ordinances #4946-90, #4947-90 and #4948-90 - Annexation, CG Zoning & Land Use Plan Amendment to Commercial/Tourist Facilities for a parcel (.36 acre) located at the NE corner of the intersection of S. Missouri Ave. & Belleair Rd., Sall's Sub., Blk 6, Lots 8 & 9 (Lazzara Family Partnership A 90-01, LUP 90-01) (PLD) The property is developed with a vehicle repair facility which is vacant. The request is being made to obtain City sewer service. The applicant proposes to demolish the existing building and redevelop the site with a Checker's restaurant. The right-of-way for Missouri Avenue is 100 feet. Additional land will be required from the applicant, in the future, to meet a requirement of 122-foot right-of-way width as called for in the City's Comprehensive Plan. The applicant will have to install a private lift station and a force main to get to existing City sewer lines. The Public Works Department recommends the north half of Belleair Road be annexed in addition to the abutting right-of-way on Missouri Avenue. The use will be compatible with the surrounding uses if landscaping is provided along the east property line and the existing wooden fence is repaired to provide a buffer from the residential uses. Curtis DeYoung, representing the applicant, indicated all City code requirements will be met except for one side setback. Commissioner Nunamaker moved to approve the annexation, zoning and land use plan amendment on the subject property. The motion was duly seconded and carried unanimously. Commissioner Fitzgerald moved to amend Ordinance #4946-90 on first reading in the title by deleting "Land Use Element" and substituting "Future Land Use Plan Element," and in Section 1, delete "Section 1 of Ordinance 2019" and substitute "The future land use plan element of the Comprehensive Plan of the City of Clearwater." The City Attorney presented Ordinance #4946-90 for first reading, as amended, and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4946-90, as amended, on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The City Attorney presented Ordinance #4947-90 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance #4947-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The City Attorney presented Ordinance #4948-90 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance #4948-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Public Hearing - Second Reading Ordinances ITEM #12 - Ordinance #4931-90 - Amending land use plan designation from None to Low Density Residential for Bay View City Sub, Blk 2, Lot 4, property annexed in Ordinance #4933-90. (Community Homes LUP 89-18) Commissioner Fitzgerald moved to amend Ordinance #4931-90 on first reading in the title by deleting "Land Use Element" and substituting "Future Land Use Plan Element," and in Section 1, delete "Section 1 of Ordinance 2019" and substitute "The future land use plan element of the Comprehensive Plan of the City of Clearwater." The City Attorney presented Ordinance #4931-90, as amended, for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4931-90, as amended, on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #13 - Ordinance #4932-90 - Zoning property as Single-Family Residential (RS-8) for Bay View City Sub, Blk 2, Lot 4, annexed in Ordinance #4933-90. (Community Homes A 89-23) The City Attorney presented Ordinance #4932-90 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4932-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #14 - Ordinance #4933-90 - Annexing property on south side of Virginia Ave., approx. 575 feet E of Bayview Avenue, Bay View City Sub., Blk 2, Lot 4, 0.14 acres (Community Homes A 89-23) The City Attorney presented Ordinance #4933-90 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4933-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #15 - (Continued from 3/1/90) Ordinance #4937-90 - Amending land use plan designation from None to Public/Semi-Public for Section 21-28-16, M&B 23.11, property annexed in Ordinance #4939-90. (Hardy/Wee Care LUP 89-20) AND ITEM #16 - (Continued from 3/1/90) Ordinance #4938-90 - Zoning property as Public/Semi-Public for Section 21-28-16, M&B 23.11 annexed in Ordinance #4939-90. (P/SP)(Hardy/Wee Care A 89-25) AND ITEM #17 - (Continued from 3/1/09) Ordinance #4939-90 - Annexing property located on W side of McMullen-Booth Rd., approximately 450 feet N of the City of Clearwater Soccer Field, Section 21-28-16, M&B 23.11. (Hardy/Wee Care A 89-25) The applicant requested an extension of the requests. Commissioner Regulski moved to table Ordinances #4937-90, #4938-90, and #4939-90. The motion was duly seconded and carried unanimously. ITEM #18 - (Continued from 3/1/90) Ordinance #4943-90 - Vacating drainage easements in and adjacent to Pinellas Groves Subdivision, Lots 7 & 8. (C. A. Johnson Properties V 89-22) The City Manager indicated the required replacement easement has not been obtained. Commissioner Nunamaker moved to table Ordinance #4943-90. The motion was duly seconded and carried unanimously. ITEM #19 - Ordinance #4944-90 - Imposing service fee of $15.00 or 5% of face amount, whichever is greater, for collection of dishonored check, draft or money order. The City Attorney presented Ordinance #4944-90 for second reading and read it by title only. A question was asked whether or not the City could require certified checks from individuals who have presented us with bad checks. The City Manager indicated the State restricts what action the City can take in this regard. Commissioner Regulski moved to pass and adopt Ordinance #4944-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #20 - Ordinance #4959-90 - Allowing television and radio broadcast stations as permitted uses in Commercial Center (CC) zoning district.(LDCA 90-01) Commissioner Regulski moved to amend Ordinance #4959-90 in new subsection (7), after "studios," insert ", provided that external equipment or facilities not ordinarily appurtenant to office usage, including but not limited to antennas and satellite dishes, shall be prohibited within the district." The City Attorney presented Ordinance #4959-90, as amended, for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4959-90, as amended, on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. CITY MANAGER REPORTS IX - CONSENT AGENDA (Items #21-#37) - Approved as submitted less Item #24. Agreements - Approved. ITEM #21 - Engineering Agreement for Airpark Improvement Project Design and Construction Services, Greiner, Inc. for $79,124.00 (PW) Bids & Contracts - Awarded less Item #24. ITEM #22 - Contract for consulting services for the Conference/Convention Center Study to Hammer-Siler-George Associates for $48,800.00 (ED) ITEM #23 - Purchase of Three (3) Ford Tractor Trucks from Ford New Holland, Inc., Tucker, GA, for $30,783.00 (GS) ITEM #24 - See page 8. ITEM #25 - Purchase of Two (2) Ford F-700 Cab and Chassis Trucks from Heintzelman's Truck Center, Orlando, FL, for $44,650.00 (GS) ITEM #26 - Purchase of One (1) Ford F-350 Cab and Chassis Truck from Karl Flammer Ford, Tarpon Springs, FL, for $14,048.00. (GS) ITEM #27 - Extension to contract to purchase front end loading refuse containers and spare parts from Industrial Refuse Sales, Inc., Lakeland, FL, estimated total annual cost of $130,000.00, for period 3/6/90 through 3/5/91. (PW) ITEM #28 - Purchase of Electronic Field Survey Total Station and a Data Recorder from Earl Dudley Associates, Inc., for $15,480.00. (PW) ITEM #29 - Purchase of 1990 Aerial Photographs from Photogrammetric Technologies, Inc. d/b/a Hamrick Aerial Surveys, Clearwater, FL, for $25,900.00. (PW) Citizens & Staff Requests - Approved. ITEM #30 - Ratify and Confirm the City Manager's decision to proceed with the Emergency Procurement of Two New Restroom Facilities on Clearwater Beach, $29,600. (PR) ITEM #31 - Approve participation in the cost of replacing two (2) Trolley vehicles used on beach streets, $30,000.00. (PW) ITEM #32 - Authorize a Customer Service Representative position for the Sanitation Division's Recycling Program, $18,219.50. (PW) Change Orders - Approved. ITEM #33 - C.O. #1 to contract with Norred Trucking Company for hauling of rock, sand, and the hauling and furnishing of shell for shell replacement at the Infrastructure Complex and Police Substation Parking Lot, increasing $16,400.00 for a total of $75,820.00. (PW) Receipt & Referral - received and referred. ITEM #34 - Land Use Plan Amendment to Recreation and a Zoning Amendment to OS/R for a parcel (.4 acre) located on the N side of Cleveland St. approximately 120 feet E of N. Garden Ave., portion of M&B 11.03, Section 16-29-15 (City LUP 90-03, Z 90-02). (PLD) CITY ATTORNEY Agreements, Deeds & Easements - Accepted. ITEM #35 - Drainage & Utility Easement - M&B 21.07 & 21.08, Section 16-29-16 (Calvary Open Bible Church, Inc.) ITEM #36 - 10 foot Water Main Easement and Ingress/Egress Easement - M&B 21.00, Section 5-29-16 (Sylvan Abbey Memorial Park, Inc.) ITEM #37 - Sewer Lien Agreement - Virginia Groves Terrace, 3rd Addition, Blk 3, Lot 14 (Thomson). Commissioner Regulski moved to approve the Consent Agenda as submitted less Item #24 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #24 - Purchase of Two (2) Reelmaster Model 216 Riding Mowers and One (1) Reelmaster Riding Mower Tractor from Century Equipment, Inc., Toledo, OH, for $50,666.64. (GS) This item will be rebid. No action taken. X - OTHER ITEMS ON CITY MANAGER REPORT ITEM #38 - Preliminary Site Plan for UPARC Housing Apartments, located NE of the T-Intersection of Highland Ave. & Overlea St., M&B 21.11, Section 11-29-15, 0.8582 acres M.O.L. (UPARC Foundation) (PLD) The developer proposes to construct 22 multiple family residential units in two buildings for UPARC to house mentally retarded adults. The property is characterized by an elevation change of ten feet in grade from the rear to the front of the site, with a meandering creek system running through the site in an east-west direction and railroad tracts adjacent to the property on the east side. A drainage and preservation easement is being required by the Public Works Department for the vegetated creek area, which is amenable to the developer. Due to the uniqueness of the proposed housing and site characteristics, several related variances are involved. Scheduled to be reviewed by the Development Code Adjustment Board on March 22, 1990, are: 1) a variance of 5 ft to permit building 8 ft from a side (north) property line; 2) a variance of 3 ft to permit building 10 ft from a (south) side property line; 3) a variance of 29 parking spaces to allow 4 spaces in lieu of the 33 parking spaces required by Code; and 4) a variance of 150 sq ft habitable floor area to permit 400 sq ft floor area in lieu of the 550 sq ft average required. The Commission previously reviewed this preliminary site proposal on September, 15, 1988, however, the site plan expired while the development was being considered by HUD. The developer now has the necessary HUD approvals to proceed with the development. Access will be from one point off Highland Avenue. A question was raised at work session regarding the impact of this development on Stevenson Creek. The subject development has been reviewed by the environmental group. The developers have provided a broad preservation easement over the length of the tributary and will provide the normal storm water detention and water quality facility required of all development. It is felt there were no extenuating circumstances existing at this property or adverse impacts to the tributary to Stevenson Creek. Commissioner Nunamaker moved to authorize review of a final site plan with final action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) approval of the related variances to setbacks, parking and minimum habitable unit area must be obtained or the site plan must be revised accordingly prior to D.R.C. review; 2) the requisite handicapped parking spaces shall be designed in accordance with State law and are subject to approval by the Traffic Engineer prior to submittal of the final site plan for D.R.C. review; 3) Highland Avenue shall be dimensioned on the site plan reflective of the 100 foot width requirement of the City's Comprehensive Plan, prior to D.R.C.review; 4) SWFWMD and DER permit applications shall be submitted to Public Works Department prior to review of the site plan by D.R.C.; 5) the final site plan shall address engineering criteria concerning existing conditions and proposed development with existing storm water drainage adjacent to the site both upstream and downstream, all existing utilities adjacent to this site and proposed utility extensions on this site and calculations for storm water detention must be submitted to Public Works Department prior to D.R.C. review; 6) the final site plan shall indicate the required drainage and utility easement over the vegetated creek area, subject to Public Works approval, prior to D.R.C. review; and 7) signs and fencing/walls are subject to separate review and permitting processes. The motion was duly seconded and carried unanimously. ITEM #39 - Participation in the Countywide Drug Task Force with an initial assignment of one (1) currently funded Narcotic Investigator (PD) Upon invitation of the Sheriff of Pinellas County, municipal police departments, state and federal agencies have been afforded the opportunity to participate in a Countywide Drug Task Force which is anticipated to become operational in June, 1990, under the direction of the Sheriff. As the primary focus of this Task Force will be the investigation of mid and upper level narcotic investigations, Clearwater's early participation in this Task Force will be vital for the effective coordination of investigative operations, sharing of criminal intelligence and officer safety. The Chief of Police has recommended, and the Manager concurs, to proceed with the detached assignment of one currently funded, experienced Narcotic Investigator to the County Task Force. The consideration of the replacement of this position and possible additional positions will take place subsequent to evaluation of the Task Force performance and in cycle with the City's normal budget process. The detached assignment of one Narcotic Investigator will not significantly impact the Police Department's continuing responsibility for the investigation and enforcement of street level narcotic operations in the City. Police Chief Sid Klein reported on the Countywide Drug Task Force emphasizing the importance of cooperation and corrdination of other municipalities. Discussion ensued in regard to this detached position and possible additional positions, and it was indicated there would be only one officer at this point. Concerns were expressed regarding the Sheriff's plans to withdraw deputization of municipal officers, as these deputies are used in enclaves. The Chief stated the sheriff did not plan to issue additional deputizations but no decision has been made regarding existing ones. Discussion ensued in regard to the funding of this position and how the budgeted would be impacted. It was indicated all equipment including a vehicle would be provided. Commissioner Nunamaker moved to approve participation in the Countywide Drug Task Force with an initial assignment of one currently funded Narcotic Investigator. The motion was duly seconded and carried unanimously. ITEM #40 - Resolution #90-07 regarding a joint public works contract with Pinellas County to install 2,361 feet of 2" P.E. gas main along Keene Rd., from S.R. 580 to Virginia St., for $24,045.00 (PW) Pinellas County plans to extend Keene Road from Virginia Street to San Christopher Road and build a bridge across a creek. This is an area where the City plans to install gas lines within the next one to two years. The City plans to hang its gas main on the bridge, thus saving the expense of a subaqueous crossing. Installing the gas main under the Pinellas County contract will save coordination with the prime contractor survey and restoration. Commissioner Regulski moved to pass and adopt Resolution #90-07 and authorize the appropriate officials to execute same. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #41 - Resolution #90-08 - Informing the Pinellas County Legislative Delegation of the City's desire to support an increased gas tax for funding of state road improvements. (CM) Commissioner Regulski moved to amend Resolution #90-08 in the title and in Section 2 by including after the words "Legislative Delegation" the words "and Governor." The motion was duly seconded and carried unanimously. Commissioner Regulski moved to pass and adopt Resolution #90-08, as amended, and authorize the appropriate officials to execute same. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. XI - Other Pending Matters - None. CITY ATTORNEY REPORTS XII - Other City Attorney Items ITEM #42 - Authorization for Settlement - Horner v. City. This lawsuit arose as the result of Mr. Horner being rear-ended by a police car while stopped for a traffic light on October 20, 1987. Mr. Horner's car was then rammed into a van stopped immediately in front of him. Plaintiff claims the accident aggravated preexisting conditions. His medical bills total $5,582.44 and claims lost wages of $1,200.00. The case reached an impasse in the mediation process and has been returned to the Court docket for trial. Plaintiff originally demanded $90,000.00 to settle these claims; however, is willing at this time to accept $80,000.00 in settlement. Commissioner Regulski moved to approve the settlement of $80,000. The motion was duly seconded and carried unanimously. ITEM #43 - Authorization to seek Judicial Review of Hearing Officer's decision - Maguire v. City. The Planning and Zoning Board's decision to deny a charter fishing boat operation at Island Yacht Club Marina was reversed by a hearing officer on February 16. A motion for reconsideration has been filed but has not been ruled upon. The matter has been brought up for discussion between marina slip owners, the City Manager and at least one City Commissioner. The City Manager has agreed the hearing officer's decision ought to be reviewed by a circuit court. A petition for judicial review would need to be filed by March 19, 1990. Commissioner Regulski moved to authorize judicial review of the hearing officer's decision. The motion was duly seconded and carried unanimously. XIII - City Manager Verbal Reports - None. XIV - Other Commission Action. ITEM #44 - Delegate to Haarlem Holland Development Economic Trip - estimated $1,512.00. At the March 12th work session, the Commission discussed the possible designation of one Commission representative to attend the Pinellas County Industry Council Trade Mission in Haarlem, Holland, June 22-29, 1990. This item was not specifically funded in the 1989-90 Commission travel budget. The present balance, as of March 1, 1990, is $6,450.00. Other travel expenses to be deducted during the current fiscal year will be for Pinellahassee Day, Phillies Trip, Florida League of Cities and National League of Cities leaving approximately $1,961.05. The basic expenses for one Commissioner to attend the Pinellas Industry Council Trade Mission are $1,512.00. It was felt this trip would be beneficial for economic development. Commissioner Regulski moved to approve participation in the trade mission in an amount not to exceed $1,512. Discussion ensued in regard to the importance and need for international travel by the Commission. It was felt this type travel was justified and should be provided for in the budget. It was also felt it would be more effective if the Mayor and one Commissioner attended. Consensus was to discuss budgeting for international travel by the Commission at a future meeting. The motion was duly seconded and carried unanimously. One citizen spoke regarding the importance of international trade missions and supported this type travel by the Commission. Commissioner Fitzgerald expressed concern regarding Vision Cable's announcement for a rate increase coming shortly after the evaluation public hearing. He requested that staff assure that advisory boards' input is received on items in their area of interest. XV - Adjournment. The meeting adjourned at 8:05 p.m.