2008 complete year - City of Pinellas Park

CITY OF PINELLAS PARK, FLORIDA 

REGULAR COUNCIL MEETING 

MINUTES 

January 10, 2008 

Council Chambers 

Meeting was called to order at 7:33 P.M. 

PRESENT: 

ABSENT: 

Mayor, William F. Mischler 

Councilwoman, Patricia L. Bailey-Snook 

Vice-Mayor, Sandra L. Bradbury 

Councilman, Rick Butler 

Councilman, William E. Taylor 

None 

Also present were: Attorney Tom Reynolds - City Manager, Michael Gustafson - Assistant City 

Manager/Community Development Administrator, Tom Shevlin - Finance Administrator, Ron 

Miller – Human Resources Administrator, John Moore - Community Activities Administrator, 

Barbara Ponce - Assistant Community Activities Administrator, Tim Caddell - Zoning Director, 

Dean Neal – MIS Administrator, Randy Linthicum - Public Works Administrator, Tom Nicholls 

– Police Chief, Dorene Thomas – Fire Chief, Doug Lewis – Office of Management and Budget 

Administrator, Dan Katsiyiannis – Economic Development Specialist, Shannon Coughlin – 

Neighborhood Services Administrator, Susan Walker – Fire Administrative Services Director, 

Mary Ann Salch – Community Planning Director, Robert Bray - Media & Public Events 

Specialist, Pam Roberts – Multimedia System Analyst, Dawn Prior - City Clerk, Diane M. 

Corna, and Deputy City Clerk, Christine Gardner. 

INVOCATION was given by Councilwoman Bailey-Snook. 

PLEDGE OF ALLEGIANCE was led by Council. 

1 CITY OF PINELLAS PARK 

REGULAR COUNCIL MEETING MINUTES 

JANUARY 10, 2008

I. DECLARATIONS, PROCLAMATIONS AND PRESENTATIONS 

PROCLAMATION 

Tampa Bay Hazardous Materials Awareness Week – January 20-26, 2008 

SPECIAL PRESENTATION — EMPLOYEE OF THE QUARTER 

Rosanna Appugliese, Purchasing Technician 

SPECIAL PRESENTATION — CHECK 

From Housh Ghovaee of Northside Engineering and Anthony Menna of 

Menna Development Corporation $1,000 ($2,000) total for sponsorship of 

meals for the APPLE Program. 

SPECIAL PRESENATION – CARE BEARS 

Chamber of Commerce Chairman of the Board Housh Ghovaee and 

President Ethel Mudd presented the Pinellas Park Police and Fire 

Departments with Care Bears. 

CITIZEN OF THE YEAR 

Mayor Mischler recognized Chamber of Commerce Citizen of the Year – 

Jerry Garner 

II. 

PC1 

PUBLIC COMMENT AND CORRESPONDENCE 

PINELLAS PARK CIVIC ORCHESTRA 

Randy Heine, 7451 Park Boulevard, stated he attended a Pinellas Park Civic Orchestra 

Event that he enjoyed and the City should consider donating to the program. 

PC2 

SIGNS AND GROCERY CARTS 

Randy Heine, 7451 Park Boulevard, showed pictures of signs and grocery carts in the 

City. 

PC3 

MEET YOUR CANDIDATES 

Ray Fischer, Immediate Past Chair of Chamber of Commerce, stated their will be a Meet 

Your Candidates Event in Council Chambers Wednesday, February 6, 2008, from 7:00 

P.M. TO 9:00 P.M. 




PC4 

INAPPROPRIATE SIGN 

Trish Macfarlane, 8421 62 nd Street, stated there is a sign on 66 th Street which is in 

unincorporated Pinellas County and she would like City leaders to communicate to 

Pinellas County leaders the sign is inappropriate and something should be done. 

Mayor Mischler stated he has received several complaints on this sign and he has 

conveyed the complaints to Pinellas County Officials. 

Vice-Mayor Bradbury stated she has received complaints and conveyed those concerns to 

Pinellas County Officials and staff. 

STAFF MEMBERS WERE SWORN IN FOR QUASI-JUDICIAL ITEMS 

III. 

APPROVAL OF MINUTES 

Approval of Regular Council Minutes of December 13, 2007 as on file in the City Clerk’s 

Office. 

MOTION was made by Councilwoman Bailey-Snook, and SECONDED by Councilman 

Butler to APPROVE the Regular Council Minutes of December 13, 2007, as on file in 

the City Clerk’s Office. 

Roll Call Vote: 

Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 

MOTION CARRIED UNANIMOUSLY 




IV. 

PUBLIC HEARINGS 

COMMUNITY DEVELOPMENT 

P1 ORDINANCE NO._3578. AN ORDINANCE AMENDING ORDINANCE NO. 1840 

ADOPTING THE COMPREHENSIVE PLAN OF THE CITY OF PINELLAS 

PARK PROVIDING GOALS, OBJECTIVES AND POLICIES FOR THE PUBLIC 

SCHOOL FACILITIES ELEMENT CONSISTENT WITH THE 

REQUIREMENTS OF SEC. 163.3177, F.S.; AMENDING THE 

INTERGOVERNMENTAL COORDINATION ELEMENT OF THE PINELLAS 

PARK COMPREHENSIVE PLAN TO INCLUDE AN OBJECTIVE AND 

POLICIES REGARDING COORDINATION BETWEEN THE CITY OF 

PINELLAS PARK, PINELLAS COUNTY, THE PINELLAS COUNTY SCHOOL 

BOARD AND THE IMPACTED MUNICIPALITIES; AMENDING THE 

CAPITAL IMPROVEMENTS ELEMENT OF THE PINELLAS PARK 

COMPREHENSIVE PLAN TO INCLUDE AN ADOPTED LEVEL OF SERVICE 

STANDARD FOR PUBLIC SCHOOL FACILITIES; PROVIDING FOR THE 

ANNUAL ADOPTION BY REFERENCE OF THE SCHOOL DISTRICT’S FIVE 

YEAR WORK PROGRAM, AND INCLUDING A SUPPORTING OBJECTIVE 

AND POLICIES FOR COORDINATING PUBLIC SCHOOL STUDENT 

CAPACITY WITH ANTICIPATED STUDENT POPULATION DEMAND; 

PROVIDING FOR SEVERABILITY; PROVIDING FOR LOCATION OF 

RECORDS; AND PROVIDING AN EFFECTIVE DATE. 

SECOND PUBLIC HEARING, SECOND AND FINAL READING 

The City is required by Chapter 163 to add a Public Schools Facilities Element to the 

Comprehensive Plan and add related Goals, Objectives, and Policies to the 

Intergovernmental Coordination and Capital Improvements Elements. This document 

and associated policies were developed by a countywide workgroup that includes Pinellas 

County, Pinellas County School Board, Pinellas Park, and the eleven other 

municipalities. The Element enhances countywide coordination and is consistent with 

the Laws of Florida. The document was reviewed by the Planning & Zoning 

Commission at a workshop on October 2, 2007. The Planning & Zoning Commission, 

acting as the Local Planning Authority, held a public hearing on October 4, 2007. THE 

CITY JUST RECEIVED COMMENTS FROM THE STATE, SO IN ORDER TO 

PREPARE RESPONSE AND MAKE THESE REPSONSES AVAILABLE TO THE 

PUBLIC, STAFF IS RECOMMENDING THIS ITEM BE TABLED FOR TWO 

MEETINGS. 

The City Attorney read Ordinance No. 3578 by title only. Mayor Mischler opened the 

Public Hearing at 8:10 P.M. 




There were no comments or objections. 

MOTION was made by Councilman Taylor, and SECONDED by Vice-Mayor Bradbury 

to TABLE Ordinance No. 3578 until the Regular Council Meeting of Thursday, February 

14, 2008. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P2 

ORDINANCE NO. 3595. ANNEXING INTO THE CITY OF PINELLAS PARK A 

CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 6064 108 TH 

AVENUE NORTH (Ana M. Giraldo and Salvatore Pistone – AX07-54) 


This is a voluntary annexation of 0.14 acres MOL of contiguous residential property. 

The Owners’ new single family home is located on this site in the Greentree Manor 

Subdivision. 




Public Hearing was closed at 8:14 P.M. 


to PASS Ordinance No. 3595. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P3 

ORDINANCE NO. 3596. ANNEXING INTO THE CITY OF PINELLAS PARK 

CERTAIN PARCELS OF ROAD RIGHT-OF-WAY GENERALLY LOCATED ON 

103 RD AVENUE, 104 TH AVENUE AND 105 TH AVENUE BETWEEN 60 TH STREET 

AND 62 ND STREET NORTH - (NORTHFIELD MANOR ROAD RIGHT-OF-WAY 

– AX07-58) 


This is an annexation of 5 parcels of road right-of-way totaling 2.80 acres MOL. The 

Streets and Drainage Division has requested the annexation of these sections of right-ofway 

to provide for continuity in the maintenance of the roads in this section of Northfield 

Manor Subdivision where the City has successfully annexed at least 51% of the abutting 

properties. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P4 



STREET NORTH (Brent J. Safko and Christina T. Safko – AX07-60) 



The owners’ single family home is located on this site in the Pinebrook Estates Unit I 

Subdivision. 





MOTION was made by Vice-Mayor Bradbury, and SECONDED by Councilman Taylor 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P5 



AVENUE NORTH - (Anthony Sciacero and Claire L. Young AX07-61) 



The Owners’ double wide mobile home is located on this site in Greentree Manor 2 nd 

Addition. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P6 


CERTAIN PARCEL OF VACANT LAND GENERALLY LOCATED AT 6148 

105 TH AVENUE NORTH (DOUGLAS JAMES AX07-57) 

FIRST READING, FIRST PUBLIC HEARING 

This is a voluntary annexation of 0.15 acres MOL of vacant residential property. The 

Owner plans to construct a single-family home, a privacy fence and place a shed on the 

lot. The property is located in the Northfield Manor Subdivision. 






Butler to PASS Ordinance No. 3600. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P7 



AVENUE NORTH - (PAUL AND ELISA HUGHES – AX07- 66) 



The owners’ single family home is located on this site in the Greentree Manor 1 st 

Addition Subdivision. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P8 

CONSIDERATION OF A REQUEST FOR A CONDITIONAL USE TO ALLOW 

―DWELLINGS, MULTI-FAMILY WITH A DENSITY GREATER THAN 12.5 

BUT NOT TO EXCEED 15 UNITS PER ACRE‖ IN THE ―R-6‖ MULTI- 

FAMILY/COMMERCIAL ZONING DISTRICT ON A CERTAIN PARCEL OF 

LAND GENERALLY LOCATED AT 4355 84 TH AVENUE. (CU 2007-30 – LE 

CLUB, LLC.) 

PUBLIC HEARING (QUASI-JUDICIAL) 

The applicant is requesting consideration of a Conditional Use to allow “Dwellings, 

Multi-Family with a density greater than 12.5 units per acre but not to exceed 15 units per 

acre” in the “R-6” Multi-Family/Commercial District on a 6.93 acre parcel of land 

generally located at 4355 84 th Avenue. This site is developed with a 92 unit, one-story 

apartment complex, which was originally developed not meeting today’s Code 

requirements and is considered grandfathered for it existing conditions. The applicant is 

requesting to increase the existing density from 13.27 dwelling units/acre to 14.86 

dwelling units/acre for the proposed development of an 11 unit, two-story multifamily 

building. Subject to any matters that may be discussed at the hearing, staff has not 

identified any inconsistencies with the Comprehensive Plan. The proposal should have no 

adverse effect on adopted levels of service for City infrastructure. At its meeting on 

December 6, 2007, the Planning and Zoning Commission recommended approval of the 

above request. 

Mayor Mischler opened the Public Hearing at 8:25 P.M. 

ALL PARTIES WERE SWORN IN PRIOR TO THEIR TESTIMONY 

Richard Harris, Gulf Coast Consulting Inc., stated he is the engineer on the project and 

thanked staff for their help and the eleven additional units will be classified as affordable 

housing. 

Councilman Taylor verified all parking requirements will be met. 

Mr. Harris stated the requirement is two spaces per unit and it will be met. 

Councilman Taylor asked if the location of parking spaces will pose a problem? 

Mr. Harris stated based upon past history of this project there is actually excess parking 

on this site. 

Randy Heine, 7451 Park Boulevard, requested the definition of affordable housing. 

Zoning Director Neal stated the State of Florida and Pinellas County definitions of 

affordable housing are based upon income class and paying 33% of your income for 

housing. 

Mr. Heine asked if government will be subsidizing the rent? 




Director Neal stated this is not a government assisted project. 

Vice-Mayor Bradbury stated affordable housing is based upon how much a person makes 

and if 33% of their annual salary is being paid in rent. 

Vanita Hall, 110 Greenhaven Trail, Oldsmar, stated Pinellas County sets parameters to be 

considered affordable housing based upon the median income of Pinellas County and 

these units are within those parameters, therefore creating workforce housing. 

Councilman Butler provided information on affordable housing, Section 8 housing, and 

voucher programs. 

Councilman Butler stated these are very well kept units. 

Mayor Mischler provided information on the history of this property. 


MOTION was made by Councilman Butler, and SECONDED by Councilwoman 

Bailey-Snook to APPROVE request for a Conditional Use to establish “Dwellings, 

Multi-Family with a density greater than 12.5 but not to exceed 15 units per acre” in the 

“R-6” Multi-Family/Commercial Zoning District on a certain parcel of land generally 

located at 4355 84 th Avenue. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P9 

CONSIDERATION OF A REQUEST TO ALLOW A CONDITIONAL USE FOR 

AN ―AUTOMOBILE DEALER-USED CARS‖ IN THE ―B-1‖ GENERAL 

COMMERCIAL ZONING DISTRICT FOR A PROPERTY GENERALLY 

LOCATED AT 9402 66 TH STREET. (CU 2007-31 Kambiz Rouhani/Henry Hart, 

H30 Design) 


The applicant is requesting consideration to establish an “Automobile Dealer-Used Cars”, 

a Conditional Use in the “B-1” General Commercial Zoning District, on a 0.524 acre 

parcel of land generally located at 9402 66 th Street. The parcel is currently developed 

with a small office building that will be utilized as the sales office for the new use. A 

paved parking/vehicular use area will be provided south of the existing building for 

customer and employee parking. The site shall take access via 94 th Avenue and the 

existing entry on 66 th Street will be closed. Displayed vehicles will be located north and 

east of said building and will be situated on unpaved areas. Landscape shall be installed 

according to Code requirements and the applicant shall attempt to retain as many of the 

existing mature trees as possible. The surrounding uses consist of: to the north, ARK 

Roofing; to the south, vacant commercial land; to the east, Fire Station No. 34; and to the 

west, single family dwellings. The proposal appears to be consistent with the 

Comprehensive Plan and should have no adverse effect on adopted levels of service for 

City infrastructure. At its meeting on November 1, 2007, the Planning and Zoning 

Commission recommended APPROVAL of the above request subject to conditions. 



Henry Hart, H30 Design Engineer, stated he is available to answer technical questions. 

Kambiz Rohani, 9402 66 th Street stated he is the owner of property and he is willing to 

meet all City codes. 

Ed Kosinski, 7615 62 nd Street, asked if there is anything in the plans to put up nice 

landscaping or buffering to soften the look of the property. 

Zoning Director Neal stated all new development in the City is required to meet current 

landscaping code and provided information on landscaping on the proposed site plan. 

Mr. Hart explained the site plan that shows a continuous hedge along the frontage of 66 th 

Street and wrapping around to 94 th Avenue. There will be hedges along the westerly 

property line which includes a six foot fence with the hedges maintained at 36 inches of 

height and trees on the site. 

Mr. Kosinski asked if the large palm tree will remain? 




Mr. Hart stated there is a large palm tree in the middle of the parking lot. 

Mr. Rohani stated if the entrance to the property is moved slightly then the palm tree will 

remain. 

Vice-Mayor Bradbury stated the palm tree is very aesthetically pleasing and if it is pulled 

out of the ground it should be replanted somewhere to enhance the look of the property. 

Mr. Harris stated all efforts will be made to keep the palm by either shifting the parking 

area or transplanting it to utilize it for landscaping requirements. 

Mayor Mischler asked if there is going to be any alterations to the dwelling that is on the 

property? 

Mr. Harris stated the building will be altered to bring the bathrooms up to ADA 

requirements. 

Councilman Butler stated he is concerned the outside display area is not paved and asked 

if that will be maintained with mulch? 

Mr. Harris stated one of the reasons is cost because the effort has been made through 

Southwest Water Florida Water Management District to apply for exemptions based upon 

their criteria so there will be a permit based upon the amount of impervious area there 

will be. 

Councilman Butler asked if the property is on sanitary sewer? 

Mr. Harris stated yes it is and there is an existing septic system that will be removed. 

Randy Heine, 7451 Park Boulevard, asked if there is reclaimed water or a well to irrigate 

the landscaping? 

Mr. Harris stated there is a deep well. 

Councilman Butler stated he understands paving is expensive but he cannot support a 

used car facility in the City not being paved and suggested the use of pavers. 

Mr. Rohani stated 8,000 square feet of the property will be paved for the sale of the cars. 

Councilman Butler stated the front portion on 66 th Street does not show pavement for the 

display area. 

Mr. Rohani explained that area is going to be paved to display cars. 




Zoning Director Neal stated the information shows the display area will not be paved. 

Mr. Harris stated the owner is willing to do some sort of pavement and they will look at 

options. 

Mr. Harris stated Council can consider the display area being paved but he is going to 

have to come up with a storm water management plan. 

Councilman Butler stated he is willing to agree as long as it is not crushed concrete, 

recycled asphalt or mulch because he wants interlockers or turf blocks. 

Mr. Harris stated at this point that can be added as a condition to the site plan. 

Mr. Kosinski stated if there is going to be a solid surface for the parking then he has no 

objection. 

Councilman Taylor asked where the signage will be on the property. 

Mr. Rohani stated there will be a sign that will meet City codes but he has not considered 

the location. 





MOTION was made by Vice-Mayor Bradbury, and SECONDED by Councilman Butler 

to APPROVE a Conditional Use to establish an “Automobile Dealer-Used Cars” in the 

“B-1” General Commercial Zoning District on a parcel of land generally located at 9402 

66 th Street, based on the staff report and the criteria found in Section 18-1509.4(B) & (C), 

subject to the following conditions: 

1. There shall be no outdoor loud speaker/public address or outdoor phone 

ringer systems allowed. 

2. There shall be no automotive repair work performed on the site. 

3. There shall be no vehicle outdoor storage area on the site. 

4. The existing palm identified by the owner shall not be removed from the 

property. 

5. Show area must be pavers, turf block or concrete. 

Mayor Mischler asked if the applicant agrees to the conditions stated in the motion? 

Mr. Harris and Mr. Rohani stated yes, they do. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

MOTION CARRIED 




P10 

CONSIDERATION OF A PRELIMINARY SITE PLAN APPROVAL FOR THE 

DEVELOPMENT OF A 71 ROOM ―HOTEL‖ IN THE ―B-1" GENERAL 

COMMERCIAL ZONING DISTRICT THAT ABUTS RESIDENTIALLY ZONED 

PROPERTY WITH WAIVERS AND/OR VARIANCES TO THE FOLLOWING: 

LANDSCAPE BUFFER REQUIREMENTS AND FENCE HEIGHT, FOR A 

CERTAIN PARCEL OF LAND GENERALLY LOCATED ON THE 

NORTHWEST CORNER OF US HIGHWAY 19 AND 110 TH AVENUE. (MS 2008- 

13/BOA 2008-11 Host Associates., LLC./Jeff Sloaman P.E.) 


The applicant is proposing the development of a hotel with 71 rooms, Comfort Inn. The 

parcel is abutting a residentially zoned area to the west. Therefore, the Site Plan is 

subject to approval by City Council. The applicant is requesting a waiver to the landscape 

buffer requirements and a variance to fence height. The north 160 feet of the western 

buffer will be reduced to three feet from the required eight feet. Due to conflicts with the 

retention pond and adjacent property’s block wall, a three-feet-wide planting area is all 

that remains. The retention ponds located along the southern property line will be 

approximately nine feet from the property line, within the front yard setback, and are 

required to be fenced in accordance with Southwest Florida Water Management District’s 

regulations. However, said fencing will require a variance to height as only four-feet-high 

fencing is allowed within the front yard setback. Site inspection reveals that the subject 

property is located mostly in a commercial area with residential to the west. Uses in the 

surrounding area are as follows: to the north, Crosspointe Baptist Church; to the south, 

Staples; to the east, Pinellas Park Square Shopping Center and Burger King; to the west, 

Plantation Gardens Condominium Complex. The parcel fronts on U.S. Highway 19, a 

major arterial highway, and 110 th Avenue, a local roadway. 



George Aubin, Sr. of Consulting Architects and Engineers, thanked staff for their 

assistance on this project. 

Vice-Mayor Bradbury asked if the existing oak trees will be taken off the property and if 

they are going to have to comply within the requirements for re-landscaping? 

Zoning Director Neal stated yes they will and they are asking for a waiver so they will 

have to supply the money into the tree bank fund for that landscaping. 

Director Neal stated there is an area between the retention ponds and the existing wall 

where there was not enough planting area. 




Mr. Aubin stated they do have Southwest Florida Management District and Florida 

Department of Transportation’s permits approved. 

Mary Bagley, 10443 Azalea Park Drive, stated this proposal does not give her a warm 

feeling and asked how there is room for one more building in this area? 

Mayor Mischler stated under the City’s zoning regulations this parcel is allowed to be 

developed with 71 rooms. 

Ms. Bagley stated the area is densely built and there is a lot of construction so was that 

taken into consideration when the plans came before Council? 

Director Neal stated this is a 1.18 acre parcel of land and density for development is 

calculated based upon that ownership parcel and does not take into consideration other 

land in other directions around the parcel. 

Director Neal stated the density calculation yields 71 rooms and that is what will be built. 

Asst. City Manager/Community Development Administrator Shevlin stated the City does 

look at the impacts of the development on the road system and on the levels of service for 

sewer and water to determine capacity. 

Mayor Mischler stated there is construction near this because there will be an overpass at 

U.S. Highway 19 and 110 th Avenue and this facility will be serviced by the service road 

and not directly on U.S. Highway 19. 






to APPROVE a request for Preliminary Site Plan Approval in the “B-1” General 

Commercial District for a “Hotel” when abutting a Residential Zoning District with 

waivers to landscape buffer requirements and a variance to fence height from four feet to 

six feet for a parcel of land generally located at the northwest corner of US Highway 19 

and 110 th Avenue, subject to the following condition; 

1. The applicant shall be required to provide payment for 4 trees and 64 hedge plants 

and the waiver shall not be in effect until such monies are deposited into the 

City’s “Tree Bank” account. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Discussion was held on building specifications. 




NEIGHBORHOOD SERVICES 

P11 RESOLUTION NO. 07-40. LOT MOWING LIENS, PROGRAM #212. 

PUBLIC HEARING, SECOND AND FINAL READING 

This Resolution is pursuant to the City of Pinellas Park lot mowing/land clearing 

program. The properties listed on Exhibit “A” have been cleared by the City after due 

notice to the owners went unheeded. The owners are being billed for the work done, and 

this Resolution authorizes the City Clerk to record a lien against the properties whose 

owners have failed to pay. 





Butler to ADOPT Resolution No. 07-40. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


COUNCILMAN BUTLER LEFT THE MEETING AT 9:13 P.M. 




V. CONSENT AGENDA 

C1 

 

CITY CLERK 

RESOLUTION NO. 08-01. DESCRIBING THE FORM OF THE BALLOT TO BE 

USED IN THE FORTHCOMING GENERAL ELECTION TO BE HELD ON 

TUESDAY, MARCH 11, 2008. 

FIRST AND FINAL READING 

This Resolution is for the purpose of electing a Mayor for a two (2) year term and 

Council Members to fill Seat #3 and Seat #4 for a four (4) year term. 

C2 RESOLUTION NO. 08-02. APPROVING THE UTILIZATION OF THE 

COUNTY APPOINTED POLLING PLACES AND POLLWORKERS FOR THE 

GENERAL ELECTION TO BE HELD ON TUESDAY, MARCH 11, 2008. 


This Resolution is for the purpose of approving the County appointed polling places and 

pollworkers for the General Election of the City of Pinellas Park, Florida to be held on 

Tuesday, March 11, 2008. 

 

CITY COUNCIL 

C3 RESOLUTION NO. 08-03. A RESOLUTION OF THE CITY OF PINELLAS 

PARK, PINELLAS COUNTY, FLORIDA, URGING MEMBERS OF THE 

FLORIDA LEGISLATURE TO SUPPORT THE FLORIDA LEAGUE OF CITIES 

PRIORITY ISSUES DURING THE 2008 LEGISLATIVE SESSION. 


The Florida League of Cities (FLC) Board of Directors adopted an initiative to enhance 

the Legislature’s awareness of the League’s priority issues. This plan calls on each of 

Florida’s 412 cities to adopt a resolution that supports the League’s key priority issues. 

These issues address Affordable Housing, Environmental Permits, Growth Management, 

Local Business Taxes, Local Government Pension Plans, Mobile Home Park Closures, 

Municipal Indebtedness, Property Tax Reform, Transportation and Water. 

Randy Heine, 7451 Park Boulevard, stated this looks like government lobbying 

government. 

Councilman Butler explained the City is a member of the Florida League of Cities which 

provides more say in State issues. 

Discussion was held on priority issues. 




C4 


ORDINANCE NO. 3601. AN ORDINANCE AMENDING THE LAND USE PLAN 

MAP FOR THE CITY OF PINELLAS PARK BY PROVIDING FOR A CHANGE 

IN THE LAND USE FROM RESIDENTIAL URBAN (RU) TO INSTITUTIONAL 

(I) ON A CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 8021 60 TH 

STREET. (LUPA 2008-1 – Farrell Homes Inc./Rick Hermanns – Veritas 

Preparatory Academy) 

FIRST READING PRIOR TO PUBLIC HEARING 

(PUBLIC HEARING JANUARY 24, 2008 (QUASI-JUDICIAL)) 

The applicant is requesting approval of a Land Use Plan Map Amendment from 

Residential Urban (RU) to Institutional (I), or a land use designation of lesser intensity as 

identified in the City’s adopted Comprehensive Plan for a 6.507 acre parcel of land 

generally located at 8021 60 th Street. The applicant proposes development of an 

“Educational Facility,” which is the subject of a concurrent application for a Conditional 

Use. The Land Use Plan Map Amendment is required as public/semi-public uses in the 

Residential Urban (RU) Land Use Plan Map Designation may not exceed five acres in 

size according to the Countywide Plan Rules. Concurrent with the Land Use Plan Map 

Amendment the City is processing companion cases for the Rezoning and Conditional 

Use/Preliminary Site Plan review. Subject to any matters that may be discussed at the 

hearing, staff has not identified any inconsistencies with the Comprehensive Plan. The 

proposal should have no adverse effect on adopted levels of service for City 

infrastructure. The abutting Land Use Plan Map categories are: to the north, Residential 

Urban; to the south and east, Residential Urban and Preservation; and to the west, 

Residential Low Medium. At their meeting of December 6, 2007, the Planning and 

Zoning Commission recommended approval of the application. 

COUNCILMAN TAYLOR LEFT THE MEETING AT 9:14 P.M. 




C5 ORDINANCE NO. 3602. AN ORDINANCE AMENDING CHAPTER 18, 

SECTION 18-1503.3, LAND DEVELOPMENT CODE OF THE CITY OF 

PINELLAS PARK CODE OF ORDINANCES AND CITY ZONING MAP BY 

REZONING A CERTAIN PARCEL OF LAND FROM ―R-2‖ SINGLE FAMILY 

RESIDENTIAL DISTRICT WITH AN ―RPUD‖ RESIDENTIAL PLANNED UNIT 

DEVELOPMENT OVERLAY TO ―P‖ PUBLIC DISTRICT FOR A PARCEL OF 

LAND GENERALLY LOCATED AT 8021 60 TH STREET. (Z 2008-2 - Farrell 

Homes Inc./Rick Hermanns – Veritas Preparatory Academy) 


(PUBLIC HEARING JANUARY 24, 2008 (QUASI-JUDICIAL)) 

The applicant is requesting a rezoning from “R-2” Single Family Residential District with 

an “RPUD” Residential Planned Unit Development Overlay to “P” Public District or a 

zoning classification of a lesser intensity as identified by Chapter 18, Land Development 

Code, of the City of Pinellas Park, Code of Ordinances for a 6.507 acre parcel of land 

generally located at 8021 60 th Street. Concurrent with the rezoning, the City is processing 

companion cases for the Land Use Plan Map Amendment and Conditional 

Use/Preliminary Site Plan review. The Rezoning is required as part of the Land Use Plan 

Map Amendment to maintain consistency with the land use. The proposed rezoning is to 

provide for the potential development of a public/semi-public use, an “Educational 

Facility.” Subject to any matters that may be discussed at this hearing, staff has not 

identified any inconsistencies with the Comprehensive Plan. The proposal should not 

lower adopted levels of service for City infrastructure. At their meeting of December 6, 

2007, the Planning and Zoning Commission recommended APPROVAL of the rezoning 

based on the “Responses of Relevant Considerations for Rezoning.” The Relevant 

Considerations found that: 

1. The rezoning is consistent with the City’s Comprehensive Plan Policies. 

2. The rezoning would not adversely affect the neighborhood. 

3. The abutting Zoning Districts are: to the north, south and east, “R-1” Single 

Family Residential District; and to the west, “T-1” Mobile Home Subdivision 

District. 




C6 

ORDINANCE NO. 3605. AN ORDINANCE OF THE CITY OF PINELLAS PARK 

PERTAINING TO THE CITY’S ―TREE BANK‖ AMENDING CHAPTER 18 

(LAND DEVELOPMENT CODE), ARTICLE 4, ―ENVIRONMENTAL HABITAT 

PRESERVATION AND ENHANCEMENT‖, OF THE CODE OF ORDINANCES 

OF THE CITY OF PINELLAS PARK, FLORIDA, BY AMENDING SECTION 18- 

402, ―DEFINITIONS‖, TO AMEND THE DEFINITION OF ―TREE BANK‖ TO 

INCLUDE THE COSTS OF LANDSCAPING MATERIALS AND LANDSCAPE 

INSTALLATION AS RECOVERABLE COSTS WHEN APPROVING WAIVERS 

PURSUANT TO ARTICLE 18-1512 ―LANDSCAPING REGULATIONS‖; BY 

AMENDING SECTION 18-1408 ―RELOCATON OR REPLACEMENT‖; BY 

AMENDING SUBSECTION 18-415 ―PROCESSING OF VIOLATIONS AND 

ENFORCEMENT‖ PROVIDING FURTHER CLARIFICATION THAT FUNDS 

DEPOSITED INTO THE TREE BANK ACCOUNT MAY BE EXPENDED FOR 

PLANTINGS ON BOTH PUBLIC OR PRIVATE PROPERTY WITHIN THE 

CITY; BY AMENDING ARTICLE 15, "ZONING‖, SECTION 18-1512 

―LANDSCAPING REGULATIONS‖, SUBSECTION 18-1512.10(C) ―WAIVERS‖, 

TO INCLUDE THE COSTS OF LANDSCAPING MATERIALS AND 

LANDSCAPE INSTALLATION AS RECOVERABLE COSTS WHEN 

APPROVING WAIVERS PURSUANT TO SAID SUBSECTION; PROVIDING 

FOR CERTIFICATION BY THE CITY COUNCIL THAT THIS ORDINANCE IS 

IN CONFORMANCE WITH THE COMPREHENSIVE PLAN; PROVIDING FOR 

THE INCLUSION OF SUCH AMENDED ORDINANCE IN THE LAND 

DEVELOPMENT CODE; PROVIDING FOR REPEAL OF ALL ORDINANCES 

OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT 

OF SUCH CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. (LDC 2007- 

11) 


(Public Hearing January 24, 2008) 

City Council approved Ordinance No. 3564, amending Article 4, Environmental Habitat 

Preservation and Article 15, Section 18-1512.10 Landscape Waivers to recapture the lost 

value of trees and shrubs due to the approval of landscape waivers. At the direction of 

Council, staff has prepared an amendment to add in the costs of ground cover, planting 

supplies and installation (labor) in addition to the cost of trees and shrubs that a developer 

would be required to pay into the Tree Bank Account when requesting waivers to the 

landscape regulations. At its meeting of December 6, 2007, the Planning and Zoning 

Commission recommended APPROVAL of the proposed amendment. 




C7 

AUTHORIZATION FOR MAYOR TO SIGN ANNEXATION AGREEMENT 

WITH DOUGLAS JAMES (AX07-57) — Annexation of 0.15 acres MOL located at 

6148 105 th Avenue North 




Douglas James 

6148 105 th Ave. N. 

City Projected 

Annual Revenue 

City Funds 

Expended 

City Fees 

Waived 

1-Year Projected Total $1,023.26 $0.00 $3,200.00 

The Annexation Agreement special provisions are: 

For a period of twenty four (24) months from the date of execution of 

this Agreement, the City shall waive all City land development fees, 

applicable for the construction of a single-family home, a privacy fence, 

and placement of a shed on the Property, estimated to be, and not to 

exceed, Three Thousand Two Hundred Dollars ($3,200.00). 

Authorization for Mayor to sign an Annexation Agreement with Douglas James for 

annexation of 0.15 acres MOL located at 6148 105 th Avenue North. 

C8 

APPROVAL OF VOLUNTARY ANNEXATION OF PROPERTY OWNED BY 

PAUL AND ELISA HUGHES (AX07-66) — Annexation of 0.14 acres MOL located 

at 6021 108 TH Avenue North 

This is a voluntary annexation of 0.14 acres MOL of contiguous residential property. The 

owners’ new single family home is located on this site in the Greentree Manor 1 st 


Paul and Elisa Hughes 





Expended 


Waived 

1-Year Projected Total $1,732.14 $0.00 $0.00 

There are no special provisions in this Annexation Agreement. 

The voluntary annexation of 0.14 acres MOL of property owned by Paul and Elisa 

Hughes and located at 6021 108 th Avenue North. 

COUNCILMAN BUTLER RETURNED TO THE MEETING AT 9:15 P.M. 




COUNCILMAN TAYLOR RETURNED TO THE MEETING AT 9:16 P.M. 

MOTION was made by Vice-Mayor Bradbury to Pass, Approve or Adopt, whichever is 

appropriate, Items C1 thru C8 inclusive, with Items C1 thru C3 being First and Final 

Reading and Items C4 thru C6 being First Reading Prior to Public Hearing and 

SECONDED by Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





VI. 

R1 

 

REGULAR AGENDA 

OMB 

RECEIPT OF RESIGNATION FROM THE CITIZENS' BUDGET ADVISORY 

COMMITTEE — George Race 

On December 16, 2007, Mr. George Race presented the Citizens’ Budget Advisory 

Committee with his letter of resignation. Mr. Race was originally appointed as a regular 

member in April, 2000, 6 yrs. service. 


Butler to ACCEPT with regret, the resignation of George Race as a regular member of 

the Citizens’ Budget Advisory Committee. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Randy Heine, 7451 Park Boulevard, asked why Mr. Race is leaving the board. 

Mayor Mischler stated Mr. Race has indicated he has personal responsibilities that he 

does not feel will allow him to serve the board well. 




R2 

RECEIPT OF RESIGNATION FROM THE CITIZENS' BUDGET ADVISORY 

COMMITTEE — Nancy Loehr 

On November 21, 2007, Ms. Nancy Loehr presented the Citizens’ Budget Advisory 

Committee with her letter of resignation. Ms. Loehr was originally appointed as a regular 

member in May, 1995, 11 yrs. Service. 


Butler to ACCEPT with regret, the resignation of Nancy Loehr as a regular member of 

the Citizens’ Budget Advisory Committee. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Randy Heine, 7451 Park Boulevard, stated Ms. Loehr doesn’t live in Pinellas Park and he 

thinks residency should be a requirement to serve on this board. 

Mayor Mischler stated Ms. Loehr brought a lot of value to this board and her employer 

does business in Pinellas Park. 




CITY COUNCIL 

R3 REAPPOINTMENT TO PINELLAS OPPORTUNITY COUNCIL — (Joan M. 

Lanier) 

Joan M. Lanier has served on the Pinellas Opportunity Council since December 2005 and 

has indicated she is interested in continuing to serve on this Board. 


Butler to APPROVE Reappointment of Joan M. Lanier to serve on the Pinellas 

Opportunity Council for the year 2008. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





MISCELLANEOUS 

M1 

HAPPY BIRTHDAY 

City Council sang Happy Birthday to Ricky Butler. 

M2 

UPCOMING EVENTS 

Mayor Mischler provided information on upcoming City Events. 

ADJOURNMENT 

Mayor Mischler adjourned the meeting at 9:37 P.M. 

Attest: 

____________________________________ 

Diane M. Corna 

City Clerk 

___________________________________ 

William F. Mischler 

Mayor 

/cgg 






MINUTES 

January 24, 2008 



PRESENT: 

ABSENT: 






None 

Also present were: City Attorney, James Denhardt - City Manager, Michael Gustafson - 

Assistant City Manager/Community Development Administrator, Tom Shevlin - Finance 

Administrator, Ron Miller – Human Resources Administrator, John Moore - Community 

Activities Administrator, Barbara Ponce - Assistant Community Activities Administrator, Tim 

Caddell - Zoning Coordinator, Joe Aukstikalnis – MIS Administrator, Randy Linthicum - Public 

Works Administrator, Tom Nicholls – Police Chief, Dorene Thomas – Special Operations 

District Fire Chief, John Dixon – Office of Management and Budget Administrator, Dan 

Katsiyiannis – Economic Development Specialist, Chuck Webber – Neighborhood Services 

Administrator, Susan Walker - Administrative Services Director, Mary Ann Salch – Training 

Coordinator, Kimberly Stafford - Media & Public Events Specialist, Pam Roberts – Multimedia 

System Analyst, Dawn Prior - City Clerk, Diane M. Corna, and Deputy City Clerk, Christine 

Gardner. 

INVOCATION was given by Councilman Taylor. 



SERVICE AWARD – 40 YEARS 

Edward Bigger – School Crossing Guard 


REGULAR COUNCIL MINUTES 


`MAYOR’S CHOICE AWARDS — PAINTINGS 

Kathleen Parenteau – ―Be Still‖ 

Mitzie Flavin – ―On the River‖ 

Steve Daniels – ―Orange Finch‖ 


Jerry Mullins, President of the Historical Society, presented a check to Jerry 

Garner from People Helping People (Historical Society hosted an open house 

and car show in November to raise money for People Helping People) 

ART SOCIETY 

Art Society Vice President Steve Daniels provided information on the 

programs the Art Society offers for the community. 

II. PUBLIC COMMENT AND CORRESPONDENCE 

PC1 

IMPROVE PINELLAS PARK 

Randy Heine, 7451 Park Boulevard, presented a list of ten ways he thinks Pinellas Park 

could be improved inexpensively. 


III. 


Approval of Regular Council Minutes of January 10, 2008, as on file in the City Clerk’s 

Office. 


Butler to APPROVE the Regular Council Minutes of January 10, 2008, as on file in the 

City Clerk’s Office. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





IV. 



P1 


CERTAIN PARCEL OF VACANT LAND GENERALLY LOCATED AT 6148 

105 TH AVENUE NORTH (DOUGLAS JAMES AX07-57) 












Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P2 



AVENUE NORTH - (PAUL AND ELISA HUGHES – AX07- 66) 



The owners’ single family home is located on this site in the Greentree Manor 1 st 









Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P3 


WITH ROBERT J. RAY (AX07-56) — Annexation of 0.25 acres MOL located at 


PUBLIC HEARING – (QUASI-JUDICIAL) 

This is a voluntary annexation of 0.25 acres MOL of contiguous residential property 

located at 5685 109 th Avenue North. The Owner plans to construct a single-family home 

on the lot and enclose the existing storage shed, creating a masonry structure. Frank A. 

Cleaton, Jr., P.E. has certified, and acknowledged in writing, that the existing shed was 

designed and constructed in accordance with the requirements of the 2004 Florida 

Building Code. This annexation agreement and supporting documentation is being 

placed into the official record. 

Robert J. Ray 

City Projected City Funds City Fees 

5685 109 th Avenue N. 

Annual Revenue Expended Waived 

1-Year Projected Total $865.85 $0.00 $3,000.00 


As a part of the consideration of this Agreement, the City shall grant a 

variance for the existing storage shed (14 X 30 X 14), in it’s present 

location since 1999, from the City’s fifteen (15) foot rear setback 

requirement and the City’s six (6) foot side setback requirement, to allow 

a one (1) foot setback along the north property line, and a two (2) foot 

setback along the west property line, for the shed only. The City shall 

allow the Owner to enclose the existing storage shed, creating a masonry 

structure, maintaining the current dimensions and setbacks, within twelve 

(12) months from the date of execution of this Agreement. Said building 

structure shall be completed in strict accordance with the Florida 

Building Code and all of the City's applicable land development 

regulations. The Owner’s property is, and will remain, as long as the 

storage shed exists, enclosed with a six (6) foot privacy fence on all sides 

other than the front yard. 

For a period of twelve (12) months the City shall waive all City land 

development fees, applicable for only the construction of a single-family 

home on the Property, estimated to be, and not to exceed, Three 

Thousand Dollars ($3,000.00). 


Economic Development Specialist Webber stated the owner plans to construct a home on 

the lot as a result of his home burning down. 

Councilman Taylor asked what type of structure burnt down? 

Specialist Webber stated it was a single family masonry home. 




Councilwoman Bailey-Snook asked if they will be living in a motor home on the 

property? 

Specialist Webber stated no, they have a motor home that is kept on site and the new 

house is about half way constructed. 

Councilwoman Bailey-Snook asked why the land development fees are being waived? 

Specialist Webber stated it is pretty standard procedure and the fees are not excessive and 

only for a period of one year. 

Councilwoman Bailey-Snook it will take the City two and half years to recoup the 

$3,000. 



to APPROVE authorization for Mayor to sign an Annexation Agreement with Robert J. 

Ray for annexation of 0.25 acres MOL located at 5685 109 th Avenue North. 

Mayor Mischler stated he doesn’t like to see this much in fees waived when the revenues 

will not be much. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P4 



AVENUE NORTH (ROBERT J. RAY AX07- 56) 

FIRST READING, FIRST PUBLIC HEARING – (QUASI-JUDICIAL) 



on the lot and enclose the existing storage shed, creating a masonry structure. This 

annexation ordinance and supporting documentation is being placed into the official 

record. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P5 








(QUASI-JUDICIAL)) 



















Mayor Mischler stated the applicant has requested this item and the next two items be 

tabled until the next Regular Council Meeting and it is probably the intent of Council to 

do so. 


The following parties spoke in opposition to this item: 

Mary Felter 8100 60 th Street 

Joe Shelley 6035 86 th Avenue 

Mayor Mischler stated he anticipates this item will be tabled to the next meeting when 

the applicant will be available to make a presentation and answer questions 





to TABLE Ordinance No. 3601. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P6 ORDINANCE NO. 3602. AN ORDINANCE AMENDING CHAPTER 18, 








PUBLCI HEARING, SECOND AND FINAL READING 

(QUASI-JUDICIAL) 


















The abutting Zoning Districts are: to the north, south and east, “R-1” Single 

Family Residential District; and to the west, “T-1” Mobile Home Subdivision 

District. 



Mayor Mischler stated this item is a companion to Items P5 and P7 and he anticipates this 

item will be tabled. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P7 

CONSIDERATION OF A CONDITIONAL USE FOR THE ESTABLISHMENT 

OF AN ―EDUCATIONAL INSTITUTION (ELEMENTARY, MIDDLE AND 

SENIOR)‖ IN THE ―P‖ PUBLIC ZONING DISTRICT WITH A WAIVER TO 

THE CONDITIONAL USE REQUIREMENT FOR MINIMUM LOT AREA AND 

A REQUEST FOR A WAIVER TO SECTION 18-1507.16 ―MEASUREMENT OF 

YARD SETBACKS ON LOTS ADJACENT TO RIGHTS-OF-WAY OF 

INSUFFICIENT WIDTH‖ TO MEASURE THE FRONT YARD SETBACK 

FROM THE PROPERTY LINE ABUTTING 60 TH STREET AND 82 ND AVENUE 

AND NOT THE ULTIMATE RIGHT-OF-WAY LINE FOR A CERTAIN PARCEL 

OF LAND GENERALLY LOCATED AT 8021 60 TH STREET. (CU 2008-1/MS 

2008-8 - Farrell Homes Inc./Rick Hermanns – Veritas Preparatory Academy) 


The applicant is requesting consideration of a Conditional Use, to establish an 

“Educational Institution (elementary, middle and senior),” in the “P” Public Zoning 

District on a 6.507 acre parcel of land generally located at 8021 60 th Street. The applicant 

is requesting a waiver to the minimum lot size of seven acres. Additionally, a waiver to 

Section 18-1507.16 “Measurement of Yard Setbacks on Lots Adjacent to Rights-of-Way 

of Insufficient Width” is being requested to allow measurement of the front yard setbacks 

from the property lines abutting 60 th Street and 82 nd Avenue and not the ultimate right-ofway 

lines. Measurement of the setbacks would be ten feet into the property based on an 

80-feet-wide collector. The applicant proposes a small addition to the existing building 

and additional parking areas. Two playing fields are also proposed adjacent to the east 

property line. Surrounding land uses are: to the north, single family dwellings; to the 

south and east, single family dwellings and drainage Channel 1B-5; and to the west, 

mobile homes. Subject to any matters that may be discussed at the hearing, staff has not 




above request subject to conditions. 


Mayor Mischler stated this item is a companion to Items P5 and P6 and the applicant has 

requested this item is tabled. 






to TABLE a request to approve a Conditional Use. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P8 CONSIDERATION OF A REQUEST TO ALLOW AN ―INDOOR 

RECREATIONAL ESTABLISHMENT‖ A CONDITIONAL USE IN THE ―M-1‖ 

LIGHT INDUSTRIAL ZONING DISTRICT WITH A WAIVER TO THE 

CONDITIONAL USE REQUIREMENT THAT THE PROPERTY MUST HAVE 

FRONTAGE ON AN ARTERIAL ROAD AND A VARIANCE TO PARKING 

FROM 104 SPACES TO 42 SPACES, FOR A PROPERTY GENERALLY 

LOCATED AT 3040 GANDY BOULEVARD. (CU 2008-5/BOA 2008-16 Taco 

Properties/Chris Giebner) 


The applicant is requesting consideration to allow an “Indoor Recreational 

Establishment” in the “M-1” Light Industrial Zoning District on a 1.75 acre parcel of land 

generally located at 3040 Gandy Boulevard, to permit the development of an indoor 

basketball court and soccer field for Tampa Bay Club Sport, a private, social, league 

sport, organization. The parcel is currently developed with a 24,250 square foot industrial 

building and this new use will only require interior remodeling. The applicant is also 

requesting a waiver to the Conditional Use requirement that the property shall have 

frontage on an arterial roadway as well as a variance to required parking from 104 spaces 

to 42 spaces. Parking requirements are based on full occupancy for indoor recreation 

establishments, meaning a space is required for each 45 square feet of floor area. This 

ratio typically overstates actual parking space needs by assuming one patron for every 15 

square feet of floor area. Based on the applicant’s calculations for this site, the total 

number of parking spaces required would be 38 spaces with both fields active at the same 

time. The parcel fronts the Gandy Boulevard Frontage Road which is a service road that 

serves only eight properties and is a dead end. It functions similar to a private drive than a 

public right-of-way. Subject to any matters that may be discussed at the hearing, staff has 

not identified any inconsistencies with the Comprehensive Plan. The proposal should 

have no adverse effect on adopted levels of service for City infrastructure. The 

surrounding uses consist of: to the north, Gateway Center Business Park; to the south, 

PPWMD drainage canal; to the east, JSI Marine Superstore and Doyle Ploch Sailmakers; 

to the west, Harberson RV sales. 




Councilwoman Bailey-Snook stated the request is waive 62 parking spaces and requested 

information on this facility. 




Chris Giebner, 501 20 th Avenue North, St. Petersburg, stated the zoning requirement is 

for any use that would have a large number of people in a small area. 

Mr. Giebner stated with the proposed soccer field and basketball court there is a set 

number of players that will be using the floor space at one time. 

Mayor Mischler stated if this was indoor recreation use like a Bingo Hall then there 

would be more parking needed. 

Councilwoman Bailey-Snook stated with team members, coaches, referees and staff they 

will use all the parking spaces. 

Mr. Giebner stated he thinks the maximum parking spaces needed are 38 with everyone 

driving themselves but people normally ride together. 

Councilwoman Bailey-Snook requested the parking needs are monitored to be a good 

neighbor for surrounding businesses. 

Mr. Giebner stated he does not plan on having an overflow of parking and if there is they 

won’t be parking on the frontage road. 

Vice-Mayor Bradbury stated she thinks there should be extra spaces as a precaution. 

Mr. Giebner stated he would like to have as many parking spaces as possible and 

explained his experience running this type of facility. 

Councilman Taylor asked what the plan for overflow parking is? 

Mr. Giebner stated if there is a problem with parking he would curb the activities or 

attempt to sublease with a neighboring property for parking. 

Councilman Taylor stated he hopes this site works for this applicant and he thinks 42 

spaces are sufficient. 





to APPROVE a Conditional Use request to allow an “Indoor Recreational 

Establishment” in the “M-1” Light Industrial Zoning District on a parcel of land 

generally located at 3040 Gandy Boulevard, with a waiver to the Conditional Use 

requirement that the property shall have frontage on an arterial roadway and a variance to 

required parking from 104 spaces to 42 spaces, based on the staff report and the criteria 

found in Section 18-1509.4(B) & (C). 

Mayor Mischler stated the required parking spaces are based upon the square footage of 

the building but the intended usage has to be considered. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P9 

ORDINANCE NO. 3605. AN ORDINANCE OF THE CITY OF PINELLAS PARK 

PERTAINING TO THE CITY’S ―TREE BANK‖ AMENDING CHAPTER 18 

(LAND DEVELOPMENT CODE), ARTICLE 4, ―ENVIRONMENTAL HABITAT 

PRESERVATION AND ENHANCEMENT‖, OF THE CODE OF ORDINANCES 

OF THE CITY OF PINELLAS PARK, FLORIDA, BY AMENDING SECTION 18- 

402, ―DEFINITIONS‖, TO AMEND THE DEFINITION OF ―TREE BANK‖ TO 

INCLUDE THE COSTS OF LANDSCAPING MATERIALS AND LANDSCAPE 

INSTALLATION AS RECOVERABLE COSTS WHEN APPROVING WAIVERS 

PURSUANT TO ARTICLE 18-1512 ―LANDSCAPING REGULATIONS‖; BY 

AMENDING SECTION 18-1408 ―RELOCATON OR REPLACEMENT‖; BY 

AMENDING SUBSECTION 18-415 ―PROCESSING OF VIOLATIONS AND 

ENFORCEMENT‖ PROVIDING FURTHER CLARIFICATION THAT FUNDS 

DEPOSITED INTO THE TREE BANK ACCOUNT MAY BE EXPENDED FOR 

PLANTINGS ON BOTH PUBLIC OR PRIVATE PROPERTY WITHIN THE 

CITY; BY AMENDING ARTICLE 15, "ZONING‖, SECTION 18-1512 

―LANDSCAPING REGULATIONS‖, SUBSECTION 18-1512.10(C) ―WAIVERS‖, 

TO INCLUDE THE COSTS OF LANDSCAPING MATERIALS AND 

LANDSCAPE INSTALLATION AS RECOVERABLE COSTS WHEN 

APPROVING WAIVERS PURSUANT TO SAID SUBSECTION; PROVIDING 

FOR CERTIFICATION BY THE CITY COUNCIL THAT THIS ORDINANCE IS 

IN CONFORMANCE WITH THE COMPREHENSIVE PLAN; PROVIDING FOR 

THE INCLUSION OF SUCH AMENDED ORDINANCE IN THE LAND 

DEVELOPMENT CODE; PROVIDING FOR REPEAL OF ALL ORDINANCES 

OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT 

OF SUCH CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. (LDC 2007- 

11) 


City Council approved Ordinance No. 3564, amending Article 4, Environmental Habitat 

Preservation and Article 15, Section 18-1512.10 Landscape Waivers to recapture the lost 

value of trees and shrubs due to the approval of landscape waivers. At the direction of 

Council, staff has prepared an amendment to add in the costs of ground cover, planting 

supplies and installation (labor) in addition to the cost of trees and shrubs that a developer 

would be required to pay into the Tree Bank Account when requesting waivers to the 

landscape regulations. At its meeting of December 6, 2007, the Planning and Zoning 

Commission recommended APPROVAL of the proposed amendment. 









Bailey-Snook to PASS Ordinance No. 3605. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 







 

CITY CLERK 

C1 ORDINANCE NO. 3606. AN ORDINANCE AMENDING CHAPTER 8 

―ELECTIONS‖ OF THE CODE OF ORDINANCES OF THE CITY OF 

PINELLAS PARK, FLORIDA BY AMENDING ARTICLE I – ―DEFINITIONS; 

VOTER REGISTRATION‖ BY AMENDING SECTION 8-102 ―DEFINITIONS‖ 

BY AMENDING THE DEFINITION OF ―CANVASSING BOARD‖; BY 

AMENDING ARTICLE V ―CANVASSING; PROTESTING AND CONTESTS‖, 

SECTION 8-501 ―CANVASSING BOARD‖, SUBSECTION (A); PROVIDING 

FOR THE MANNER OF AMENDING SUCH CODE; PROVIDING FOR THE 

INCLUSION OF SUCH AMENDED ORDINANCE IN THE CODE OF 

ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. 


This ordinance will amend the definition of “Canvassing Board” in Chapter 8 

“Elections”, Sections 8-102 and 8-501(A) to allow City Council to designate the Pinellas 

County Supervisor of Elections as the Canvassing Board for any City Election. 

 

CITY COUNCIL 

C2 RESOLUTION NO. 08-05. A RESOLUTION OF THE CITY OF PINELLAS 

PARK, PINELLAS COUNTY, FLORIDA, ADOPTING A POLICY STATEMENT 

REGARDING THE COLLECTION AND USE OF SOCIAL SECURITY 

NUMBERS REQUIRED FOR THE CONDUCT OF PUBLIC BUSINESS. 


Effective October 1, 2007, the Florida Legislature adopted new requirements relating to 

the collection and dissemination of Social Security numbers by all agencies in Florida. 

All agencies are required to adopt a written Social Security number collection policy, 

which must be provided to an individual when an agency collects their social security 

number. A report must be filed with the Executive Office of the Governor, the President 

of the Senate and the Speaker of the House of Representatives by January 1 of each year. 

This report will identify all commercial entities that have required Social Security 

numbers during the preceding calendar year and the specific purpose or purposes stated 

by each commercial entity regarding its need for Social Security numbers. If no requests 

are made, the agency shall so indicate on the report. This report will be filed by the City 

Clerk. 




C3 

POLICE 

AUTHORIZATION FOR EQUIPMENT PURCHASE FROM CONFISCATED 

PROPERTY FUND. 

Chief Thomas is requesting to purchase through our confiscated property fund six (6) 

new lasers used for traffic enforcement. This equipment will be purchased from Kustom 

Signals, Inc, 9325 Pflumm, Lenexa, Kansas for $15,366. 

Authorization to purchase six (6) new lasers from Kustom Signals, Inc at a cost of 

$15,366 that will be appropriated from the Confiscated Property Fund Balance to 

Confiscated Property Fund Operating Account 104-212-5-622-15. 

 

C4 

COMMUNITY ACTIVITIES 

AUTHORIZATION FOR THE MAYOR TO ENTER INTO A HOSTING 

AGREEMENT WITH GIS INFORMATION SYSTEMS, INC. D/B/A POLARIS 

LIBRARY SYSTEMS AND AUTHORIZATION TO PURCHASE DELL 

WORKSTATION COMPUTERS 

Authorization for the Mayor to enter into a hosting agreement with GIS Information 

Systems, Inc. (103 Commerce Boulevard, Liverpool, New York) to provide a 

computerized system of hardware, software and related services for the Pinellas Park 

Public Library. The agreement, without the cost figures, has been reviewed by the City 

Attorney and approved as to form and concept. This also authorizes the Mayor to 

purchase computer hardware equipment from Dell Corporation (One Dell Way, Round 

Rock, Texas 78682) under Florida State contract #250-003-03-1 in the amount of 

$24,088.96 for nineteen (19) computers to provide the necessary workstations for the 

implementation of the Library’s new automated library system. 

The member libraries of the Pinellas Public Library Cooperative (PPLC) over the last two 

years met with various automation system vendors and issued an RFP in an effort to 

obtain one new system for all of the libraries in the county. Polaris Integrated Library 

System was selected by the library directors for PPLC. The PPLC Board approved this 

action on September 25, 2007 and entered into a Master Agreement with Polaris 

Integrated Library System on October 26, 2007. Currently St. Petersburg Public Library 

System and the Clearwater Public Library are Polaris clients and will be coming on board 

with the Pinellas Park Public Library, Palm Harbor Public Library and East Lake 

Community Library in the first phase of libraries. The remaining PPLC libraries will 

come online in the second tier phase scheduled later this year. This expenditure in the 

amount of $63,669 to Polaris Library System and $24,088.96 for nineteen (19) computers 

to Dell for a total cost of $87,757.96 is to be charged to Acct# 501-851-5-621-08 from 

the 2007 Capital Improvement Program which will be carried forward. The amount 

budgeted is $110,000. 




Authorization to enter into an hosting agreement with Polaris Library Systems 

(Liverpool, New York) and purchase nineteen (19) computers from Dell Corporation 

(Round Rock, Texas) under Florida State contract #250-000-03-1 at a total cost of 

$87,757.96 to be charged to the appropriate account. 

Randy Heine, 7451 Park Boulevard, stated cloned computer parts could be purchased for 

less. 

MIS Administrator Linthicum stated these computers have a life span of five to six years 

and will be under warranty for that period so the initial cost is the total cost until the life 

cycle is expired. 

Mayor Mischler stated some computers are for home use and not heavy usage. 

Community Activities Administrator Ponce stated these computers will be used in the 

Library, 7 days a week for approximately 66 hours. 

Mayor Mischler stated these computers will be used at the Library for heavy use. 

 

PUBLIC WORKS 

C5 CHANGE ORDER NO. 1 AND FINAL PAYMENT FOR PROJECT 07/008, 

2006/2007 SIDEWALK/RAMP PROGRAM AND COMMUNITY 

REDEVELOPMENT AREA SIDEWALK PROGRAM– Central Florida Contractors, 

Inc. 

Change Order No. 1 is recommended for approval so that the final payment can be 

processed and the contract closed out. The decrease in the contract amount represents a 

decrease of the original contract amount by 8%. The accounts to be reduced will be 301- 

481-5-736-18 for $7,649.55 and 301-481-5-736-00 for $13,261.00. The final contract 

amount is $20,910.55 under the original contract amount. (Sidewalk Program $7,649.55 and 

CDBG Sidewalks $13,261.00). 

Authorization for approval and acceptance of Change Order No. 1, Project 07/008, 06/07 

Sidewalk Construction Program, a decrease in the contract amount of $20,910.55, for a total 

adjusted contract amount of $234,849.70 and authorization for final payment of $25,491.97 

to Central Florida Contractors, Inc. to be charged to the appropriate account. 




C6 

AWARD OF BID 08/009 – 2007/2008 SIDEWALK/RAMP PROGRAM AND 

COMMUNITY REDEVELOPMENT AREA SIDEWALK PROGRAM – Central 

Florida Contractors, Inc. 

Bids were legally advertised and bid invitations were mailed to 328 prospective bidders. 

Ten (10) bids were received with Central Florida Contractors, Inc. (P. O. Box 3987, 

Seminole, FL 33775) being the low bidder with a bid submittal of $205,784.90. The 

amount budgeted for this project is $350,000 (pg. 403 & 404 of the FY 07/08 adopted 

budget). $100,000 is budgeted for the 2007/08 Sidewalk/Ramp (Part A) Program and 

$250,000 is budgeted for the CDBG Sidewalk Program (Part B & C). This project will be 

charged to account 301-481-5-736-18 and 301-481-5-736-00. The 2007/2008 

Sidewalk/Ramp Program (Part A) included a bid submittal amount of $51,876.50. 

Additional sidewalk segments will be added to utilize the entire budgeted amount of 

$100,000 and take advantage of the favorable bid costs. The 59 th St. CSX Crossing (Part 

D) was an optional bid item and will not be awarded at this time. The 59 th St. sidewalk 

crossing at CSX Railroad will be constructed at a later date subsequent to completion of 

the railroad crossing by CSX Transportation, Inc. Funding for the Community 

Redevelopment Area Sidewalk Program is provided through Community Development 

Block Grants and Tax Increment Financing. 

Authorization to award Bid 08/009 for the 2007/2008 Sidewalk/Ramp and Community 

Redevelopment Area Sidewalk Program to Central Florida Contractors, Inc., Seminole, 

FL, in the amount of $205,784.90 to be charged to the appropriate accounts. 

Mayor Mischler asked for information on this item and Item C7. 

Engineering Services Director Pinheiro provided information on this item and Item C7. 


C7 

AUTHORIZATION FOR MAYOR TO SIGN A CONSTRUCTION AGREEMENT 

WITH CSX TRANSPORTATION, INC. – For New Timber Crossing for Sidewalk 

on 59 th Street. 

This authorizes the Mayor to sign a Construction Agreement with CSX Transportation, 

Inc. for installation of new timber and asphalt sidewalk on 59 th Street. Sidewalk 

improvements are scheduled on 59 th Street to link this crossing and provide a safe 

pedestrian pathway between the Pinellas Park Senior Center and Park Station. This 

Agreement has been reviewed by the City Attorney and Risk Management Department. 

The total cost of the CSX Transportation, Inc. Agreement is $16,400.00 based on the 

estimate dated 11/17/07 and will be charged to account 301-481-5-735-92. 

Authorization for Mayor to sign a Construction Agreement with CSX Transportation, 

Inc. for new timber crossing for sidewalk on 59 th Street. 




C8 


RESOLUTION NO. 08-04. GRANTING CERTAIN PERMIT FEE WAIVERS TO 

OWNERS OF A SINGLE-FAMILY DWELLING DURING A THREE WEEK 

PERIOD BEGINNING MONDAY, MARCH 3, 2008 THROUGH FRIDAY, 

MARCH 21, 2008, IN CONJUNCTION WITH PRIDE IN THE PARK 

ACTIVITIES; PROVIDING PERMITS ISSUED WITHOUT CHARGE SHALL 

BE VALID PER SECTION 18-906 OF THE LAND DEVELOPMENT CODE; 

PROVIDING THAT PERMIT FEE WAIVERS SHALL ONLY BE GRANTED 

FOR SINGLE-FAMILY DWELLINGS. 


This resolution provides a waiver of certain permit fees for the purpose of encouraging 

owners of a single-family dwelling to undertake renovation projects in conjunction with 

the community’s Pride in the Park celebration. 

 

C9 

OMB 

AN INTERLOCAL AGREEMENT FOR THE EXTENSION OF THE ONE-CENT 

LOCAL GOVERNMENT INFRASTRUCTURE SURTAX OTHERWISE KNOWN 

AS THE PENNY FOR PINELLAS FOR AN ADDITIONAL 119 MONTHS. 

The City formally adopts the interlocal agreement for the extension of the One-Cent 

Local Government Infrastructure Surtax otherwise known as the Penny for Pinellas for an 

additional 119 months (approximately 10 years). 

Extension of the One-Cent Local Government Infrastructure Surtax otherwise known as 

the Penny for Pinellas for an additional 119 months. 

Randy Heine, 7451 Park Boulevard, asked how much of this Pinellas Park will receive? 

Office of Management and Budget Administrator Katsiyiannis stated currently the City 

receives approximately 4.5 million dollars depending on the economic activity going on. 

Mr. Heine suggested lowering the Pinellas Park tax rate a half of a penny to stimulate 

more business. 

City Manager Gustafson stated this is not a tax for Pinellas Park, it is for Pinellas County 

and Pinellas Park’s distribution is approximately 59 million dollars for ten years which 

was passed by the voters. This is an interlocal agreement to receive the money outlined in 

the formula. 

Mayor Mischler stated the City defines in advance where these funds will be spent 

because there are only certain projects the funds can be used for. 





appropriate, Items C1 thru C9 inclusive, with Items C1 being First Reading Prior to 

Public Hearing and Items C2 and C8 being First and Final Reading, and SECONDED by 

Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





VI. 

R1 

 



RECEIPT OF 2007 LIBRARY ANNUAL REPORT 

Section 2-504 of the City Code states that the Library Board is to make an annual report 

to the City Council each year. 

Community Activities Administrator Ponce presented the 2007 Library Annual Report. 

Administrator Ponce requested Council’s continued support for the Library after her 

retirement on March 31, 2008. 

Discussion was held on the services provided by the Library. 


Butler to APPROVE the 2007 Library Annual Report, as presented by the Library Board 

and the Community Activities Administrator/Library Director, in accordance with 

Section 2-504 of the City Code. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






R2 CONSIDERATION OF A REQUEST FOR AN AMENDMENT TO A 

PREVIOUSLY APPROVED PRELIMINARY SITE PLAN IN THE ―M-1‖ LIGHT 

INDUSTRIAL ZONING DISTRICT FOR A PARCEL OF LAND GENERALLY 

LOCATED AT 5430 70 TH AVENUE THAT FUNCTIONALLY ABUTS 

RESIDENTIAL ZONING DISTRICTS. (MS 2008-11 R. Roy Jackson/John Fox) 


The applicant is requesting approval of an amended Preliminary Site Plan to establish an 

Environmental Testing Facility by constructing a Test Tower and an Air Propulsion 

System at this site. This site functionally abuts residential uses to the north and south. 

The Test Tower and Air Propulsion System are more than 200 plus feet from the 

residential uses. The applicant has submitted sound measurements on both devices. The 

test results show the noise levels meeting the requirements of the Land Development 

Code. Staff has observed the test equipment proposed and it does not appear the proposed 

Air Propulsion System and Test Tower would create any adverse effects of noise, lights, 

dust, fumes, and other nuisances. The surrounding land uses are: to the north, ADTEC II 

and single family dwellings; to the south, CSX Railroad/drainage ditch/single family 

dwellings; to the east, Albright Landscaping; and to the west CSX Railroad. 


Enser Director of Administration, John Fox, gave a presentation outlining the air 

propulsion system. 

Mr. Fox stated the air propulsion system is currently operating at the STAR Center. 

Councilman Taylor asked how long the system at the STAR center has been in operation? 

Mr. Fox stated maybe 30 years and it has continuously been in use. 

Mr. Fox explained ten feet of the system will be inside with about 110 feet will outside 

running along the fence line. There will be an outer fence line and an interior fence line 

and at the end of the system there will be contained burm with concrete and dirt or heavy 

timber. There has never been a breach in the thirty years of operation but they need to be 

sure there will not be one. 

Councilman Butler asked what Enser will use the system to test? 

Mr. Fox stated the purpose of the system is to prove batteries can withstand up to 15,000 

g-force or more and to test components for other companies. 

Discussion was held on the batteries produced by Enser. 




Mayor Mischler stated every missile deployed by the military needs a battery to guide it. 

Councilwoman Bailey-Snook asked if the system is going to be set up at this facility like 

it currently is at the STAR Center? 

Mr. Fox stated yes, it will be very close. 

Councilwoman Bailey-Snook asked if there were problems or misfires in the time the 

system has been operated? 

Mr. Fox stated there were not misfires. 

Randy Heine, 7451 Park Boulevard, spoke in opposition to this item. 


Bailey-Snook to APPROVE a request for an amended Preliminary Site Plan Approval in 

the “M-1” Light Industrial on a parcel of land generally located at 5430 70 th Avenue that 

functionally abuts residential zoning districts, based on the staff report and the criteria 

found in Section 1506.23(I), subject to the following condition: 

1. If a test alarm is utilized it shall not exceed 55dB at the property lines that 

functionally abut residential zoning districts. 

Councilman Butler stated when Enser came into the City they took a dilapidated building 

did a nice job cleaning up the property. 

Councilman Butler thanked Enser for being a part of the City and doing a good job for 

the troops. 

Mayor Mischler stated Enser moved into the City nine years ago and is a great employer 

and he is very glad to meet the caliber of people working there. 

Councilman Taylor stated Enser has always done what they say they will do and he has a 

lot of faith in the company. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R3 CONSIDERATION OF A REQUEST FOR A LANDSCAPE WAIVER, 

SPECIFICALLY SECTION 18-1512.6(C)2.(A), TO REDUCE THE LANDSCAPE 

BUFFER FROM 5 FEET TO ONE FOOT AND ELIMINATE THE BUFFER 

CONTENT ALONG A PORTION OF THE EAST PROPERTY LINE ABUTTING 

THE VEHICULAR USE AREA. (MS 2008-18 T & T Enterprises/C. Fred Deuel 

& Associates) 


The applicant, T & T Enterprises, is requesting a landscape waiver to reduce the 

landscape buffer from five feet to one foot and eliminate the buffer content along a 

portion of the east property line abutting the vehicular use area, for a certain parcel of 

land generally located at 6400 123 rd Avenue in the “M-1” Light Industrial Zoning 

District. The applicant is required to plant seven understory trees and 57 hedge plants for 

a distance of 183 feet along the east property line. The surrounding area consists of: to 

the north, industrial warehouses; to the south, Pinellas Park High School; to the east, 

Peterson Marine Sales and Storage Yard; and to the west, industrial warehouses. 


Brian Barker, Engineer, stated the request to reduce the buffer is because without a 

reduction they would not be able to meet the minimum standard for a two way drive 

aisle. There are several oak trees on the property line that will be preserved and there is a 

large landscape area to break up the parking area. The areas for designated parking are 

the same as what is used now. 

Councilwoman Bailey-Snook stated the same area that is used for parking will continue 

to be used so is that area lined for parking spaces? 

Mr. Barker explained the area designated for parking now is broken up so it will be 

brought up to current standards and it will be in much better shape. 

Mr. Barker stated without the reduction of the buffer the owner would not be able to put 

up the new building to match the existing building because they would not be able to get 

in and out of the property on a standard driveway. 

Zoning Director Neal stated typically industrial properties have a limited lot width so 

when a building is built it leaves very little room for a two way drive aisle. To provide 

the additional parking required for the additional building they will have to use a couple 

of small strips of the required landscape buffers. 

Mr. Barker stated the landscape buffer will be provided everywhere except in front of the 

six new designated parking spaces. 





to APPROVE a request for a waiver pursuant to the Criteria of Section 18-1512.10(B) of 

the Land Development Code to Section 18-1512.6(c)2.(a), to reduce the landscape buffer 

from five feet to one foot and eliminate the buffer content along a portion of the east 

property line abutting the vehicular use area on a parcel of land generally located at 6400 

123 rd Avenue, subject to the following condition: 

1. The applicant shall be required to provide payment for seven understory 

trees and 57 hedge plants and the waiver shall not be effective until such 

monies are deposited into the City’s “Tree Bank” account. 

Councilman Taylor stated this is a very narrow piece of property and putting up another 

building leaves limited area. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





MISCELLANEOUS 

M1 


City Council sang Happy Birthday to Mayor Mischler. 

M2 

TOM REECE 

Mayor Mischler provided an update on Tom Reece who is an active resident and was 

injured in a fall. 

M3 

JACK MISCHLER 

Councilman Butler welcomed Jack Mischler back to town. 

M4 

SPAGHETTI DINNER/BAKE SALE 

Police Chief Thomas stated the Pinellas Park Police Explorers Post 912 will be hosting a 

Spaghetti Dinner/Bake Sale, Friday, January 25, 2008, from 5:00 P.M. to 8:00 P.M. at the 

Pinellas Park Senior Center. 

M5 

JOE KOLODZIEJ 

Vice-Mayor Bradbury provided an update of Joe Kolodziej, Sr., Joes Towing, who is in 

the hospital. 

M6 

ELECTION 

Mayor Mischler reminded citizens to vote in the Presidential Preference, January 29, 

2008. 




ADJOURNMENT 

Mayor Mischler adjourned the meeting at 9:47 p.m. 

Attest: 

_____________________________________ 



____________________________________ 


Mayor 

/cgg 






MINUTES 

February 14, 2008 



PRESENT: 

ABSENT: 






None 

Also present were: Attorney Tom Reynolds - City Manager, Michael Gustafson - Assistant City 

Manager/Community Development Administrator, Tom Shevlin - Finance Administrator, Ron 

Miller – Human Resources Administrator, John Moore - Assistant Community Activities 

Administrator, Tim Caddell - Zoning Coordinator, Joe Aukstikalnis – MIS Administrator, Randy 

Linthicum - Public Works Administrator, Tom Nicholls – Police Chief, Dorene Thomas – Fire 

Chief, Doug Lewis – Office of Management and Budget Administrator, Dan Katsiyiannis – 

Community Planning Director, Robert Bray – Neighborhood Services Administrator, Susan 

Walker - Administrative Services Director, Mary Ann Salch – Media & Public Events Specialist, 

Pam Roberts – Multimedia System Analyst, Dawn Prior - City Clerk, Diane M. Corna, and 

Deputy City Clerk, Christine Gardner. 

INVOCATION was given by Mayor Mischler. 




FEBRUARY 14, 2008


DO THE RIGHT THING 

Police Chief Thomas and Officer Gatti presented the following students: 

Kavon Williams 

Dazia Harris 

Jondae Solomon 

Torona Gathright 


The APPLE Alumni Association presented a check for $1,100 to the Public 

Service Education Foundation of Pinellas Park. 

PRESENTATION TO COUNCIL 

Ward Friszolowski and Phillip Trezza with Harvard Jolly Architect, 

presented Council framed pictures of Park Station. 

II. 

PC1 


ST PETERSBURG TIMES ARTICLE 

Randy Heine, 7451 Park Boulevard, commented an article in the St. Petersburg Times 

and the need to use solar in homes. 





III. 


Approval of Regular Council Minutes of January 24, 2008, as on file in the City Clerk’s 

Office. 


Butler to APPROVE the Regular Council Minutes of January 24, 2008, as on file in the 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





IV. 

 



P1 ORDINANCE NO._3578. AN ORDINANCE AMENDING ORDINANCE NO. 1840 

ADOPTING THE COMPREHENSIVE PLAN OF THE CITY OF PINELLAS 

PARK PROVIDING GOALS, OBJECTIVES AND POLICIES FOR THE PUBLIC 

SCHOOL FACILITIES ELEMENT CONSISTENT WITH THE 

REQUIREMENTS OF SEC. 163.3177, F.S.; AMENDING THE 

INTERGOVERNMENTAL COORDINATION ELEMENT OF THE PINELLAS 

PARK COMPREHENSIVE PLAN TO INCLUDE AN OBJECTIVE AND 

POLICIES REGARDING COORDINATION BETWEEN THE CITY OF 

PINELLAS PARK, PINELLAS COUNTY, THE PINELLAS COUNTY SCHOOL 

BOARD AND THE IMPACTED MUNICIPALITIES; AMENDING THE 

CAPITAL IMPROVEMENTS ELEMENT OF THE PINELLAS PARK 

COMPREHENSIVE PLAN TO INCLUDE AN ADOPTED LEVEL OF SERVICE 

STANDARD FOR PUBLIC SCHOOL FACILITIES; PROVIDING FOR THE 

ANNUAL ADOPTION BY REFERENCE OF THE SCHOOL DISTRICT’S FIVE 

YEAR WORK PROGRAM, AND INCLUDING A SUPPORTING OBJECTIVE 

AND POLICIES FOR COORDINATING PUBLIC SCHOOL STUDENT 

CAPACITY WITH ANTICIPATED STUDENT POPULATION DEMAND; 

PROVIDING FOR SEVERABILITY; PROVIDING FOR LOCATION OF 

RECORDS; AND PROVIDING AN EFFECTIVE DATE. 

CONTINUED SECOND PUBLIC HEARING, SECOND AND FINAL READING 

The City is required by Chapter 163 to add a Public Schools Facilities Element to the 

Comprehensive Plan and add related Goals, Objectives, and Policies to the 

Intergovernmental Coordination and Capital Improvements Elements. This document 

and associated policies were developed by a countywide workgroup that includes Pinellas 

County, Pinellas County School Board, Pinellas Park, and the eleven other 

municipalities. The Element enhances countywide coordination and is consistent with the 

Laws of Florida. The document was reviewed by the Planning & Zoning Commission at 

a workshop on October 2, 2007. The Planning & Zoning Commission, acting as the Local 

Planning Authority, held a public hearing on October 4, 2007. 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P2 



AVENUE NORTH (ROBERT J. RAY AX07- 56) 





on the lot and enclose the existing storage shed, creating a masonry structure. This 

annexation ordinance and supporting documentation is being placed into the official 

record. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P3 



AVENUE NORTH (CHOUNG T. AND OANH H. NGUYEN AX07-59) 



located in the Northfield Manor Subdivision. A mobile home is located on this site. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P4 







CONTINUED PUBLIC HEARING, SECOND AND FINAL READING 

(QUASI-JUDICIAL)) 



















Mayor Mischler stated Items P4, P5 and P6 are all related to the same property. 


Mike Farrell, 7219 57 th Avenue North, St. Petersburg, stated he is the President of Farrell 

Homes and the owner of this property. 

Mr. Farrell stated he has a contract to sell this property to Varetis Preparatory Academy 

and the contract is conditional on the approval of this zoning request but conditional upon 

the buyers financing. 

Mr. Farrell stated due to a delay in the buyers financing he is requesting Council table the 

vote until the March 13, 2008, Regular Council Meeting but he would like to hear the 

testimony of the public. 




Mayor Mischler stated in most cases Council does honor the applicants request but this 

item is advertised as a public hearing if anyone would like to speak. 

The following parties spoke in favor of this item: 

Brian Bender 8120 61 st Street 

Mark Morand 6438 93 rd Terrace 

Paula Hernandez 6363 93 rd Terrace 

Kara Wilson 12825 Lois Avenue, Seminole 

John Gordos 3680 Lake Boulevard 

George Lloyd 8105 60 th Street 

Phillip Burns 8175 60 th Street 

Heather Cole 8135 60 th Street 

Edith Heddy 8100 59 th Street 

Janice Berry 5846 82 nd Avenue 

Sheryl Curry 6025 81 st Avenue 

Allison Smith Bender 5620 80 th Avenue 

Susan Bergeron, 5941 82 nd Avenue, stated she is in favor of the school but has concerns 

with the tax exemption, increased traffic and recreational activity noise. 

Rick Hermanns, 3633 Bayshore Boulevard NE, St. Petersburg, stated he is the President 

of the Board for Veritas Preparatory Academy and explained the reason for the request to 

table the item, the process for funding, the number of students and recreational activities 

that are planned. 


Betty Beck 8112 60 th Street 

Mary Felter 8100 60 th Street 

Joe Shelley 6035 86 th Avenue 

Gail Thomsen, 5965 79 th Avenue, stated she is not objecting to the school but she is 

objecting to the location of the school and she would like to see this property on the tax 

rolls to generate money for the City. 

Mr. Hermanns stated schools, parks and recreational facilities all increase the quality of 

life in the community which ultimately raises home values and property values. 

Mr. Hermanns stated there is no trash on the property where the school is currently 

located and the students are very well behaved. 

Attorney Reynolds stated an alternative to tabling this item is Council could use the 

contingency in Section 4 for the approval by the Countywide Planning Authority. 

Council could add additional wording that would make it also contingent on the closing 

of the property to the Veritas Preparatory Academy before any date Council chose. 

Discussion was held on the alternative suggested by Attorney Reynolds. 





Mr. Ferrell stated he would like to withdraw his request to table the item and proceed 

with the option presented by Attorney Reynolds. 


Sylvia Thomas, 5930 79 th Avenue, stated concern with traffic. 

George Lloyd, 8105 60 th Street, stated he thought this item was going to be tabled so he 

did not speak on most of the points he had. 

Mayor Mischler stated he is not sure Council should change the rules because there is no 

way to determine if people received sufficient time to speak. 

Councilman Butler stated he thinks the best action would be to table this item and give 

the residents and applicant time to discuss concerns. 

Vice-Mayor Bradbury stated she agrees with Councilman Butler that a table is 

appropriate. There is a lot of misinformation within the neighborhood on the possibilities 

for development at this site and the proposed development. 

Vice-Mayor Bradbury requested the applicant meet with the neighbors to be sure 

everyone has all the information. 

Mayor Mischler stated he concurs that tabling this item is appropriate. 

Mayor Mischler stated he will not close the public hearing anticipating a motion to table 

this item. 


Bailey-Snook to TABLE Ordinance No. 3601. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 













CONTINUED PUBLIC HEARING, SECOND AND FINAL READING 



















The abutting Zoning Districts are: to the north, south and east, “R-1” Single Family 

Residential District; and to the west, “T-1” Mobile Home Subdivision District. 




Mike Ferrell requested this item is tabled to the March 13, 2008, Regular Council 

Meeting and clarified that he has no intention of building townhomes on this property. 


this item. 





Bailey-Snook to TABLE Ordinance No. 3602. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Mayor Mischler requested the applicant meet with the neighbors to resolve any questions. 




P6 

CONSIDERATION OF A CONDITIONAL USE FOR THE ESTABLISHMENT 

OF AN ―EDUCATIONAL INSTITUTION (ELEMENTARY, MIDDLE AND 

SENIOR)‖ IN THE ―P‖ PUBLIC ZONING DISTRICT WITH A WAIVER TO 

THE CONDITIONAL USE REQUIREMENT FOR MINIMUM LOT AREA AND 

A REQUEST FOR A WAIVER TO SECTION 18-1507.16 ―MEASUREMENT OF 

YARD SETBACKS ON LOTS ADJACENT TO RIGHTS-OF-WAY OF 

INSUFFICIENT WIDTH‖ TO MEASURE THE FRONT YARD SETBACK 

FROM THE PROPERTY LINE ABUTTING 60 TH STREET AND 82 ND AVENUE 

AND NOT THE ULTIMATE RIGHT-OF-WAY LINE FOR A CERTAIN PARCEL 

OF LAND GENERALLY LOCATED AT 8021 60 TH STREET. (CU 2008-1/MS 

2008-8 - Farrell Homes Inc./Rick Hermanns – Veritas Preparatory Academy) 

CONTINUED PUBLIC HEARING (QUASI-JUDICIAL) 

The applicant is requesting consideration of a Conditional Use, to establish an 

“Educational Institution (elementary, middle and senior),” in the “P” Public Zoning 

District on a 6.507 acre parcel of land generally located at 8021 60 th Street. The applicant 

is requesting a waiver to the minimum lot size of seven acres. Additionally, a waiver to 

Section 18-1507.16 “Measurement of Yard Setbacks on Lots Adjacent to Rights-of-Way 

of Insufficient Width” is being requested to allow measurement of the front yard setbacks 

from the property lines abutting 60 th Street and 82 nd Avenue and not the ultimate right-ofway 

lines. Measurement of the setbacks would be ten feet into the property based on an 

80-feet-wide collector. The applicant proposes a small addition to the existing building 

and additional parking areas. Two playing fields are also proposed adjacent to the east 

property line. Surrounding land uses are: to the north, single family dwellings; to the 

south and east, single family dwellings and drainage Channel 1B-5; and to the west, 

mobile homes. Subject to any matters that may be discussed at the hearing, staff has not 




above request subject to conditions. 


Mr. Ferrell requested the item be tabled until the March 13, 2008, Regular Council 

Meeting. 


this item. . 





Bailey-Snook to TABLE consideration of a Conditional Use to establish an “Educational 

Institution in the “P” Public Zoning District, for a property generally located at 8021 60 th 

Street. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P7 

CONSIDERATION OF A REQUEST TO ALLOW AN EXPANSION TO AN 

APPROVED CONDITIONAL USE FOR AN ―AUTOMOBILE DEALER-USED 

CARS‖ AND AN ―AUTOMOTIVE REPAIR FACILITY (MAJOR)‖ IN THE ―CH‖ 

HEAVY COMMERCIAL ZONING DISTRICT WITH THE FOLLOWING 

WAIVERS: TO ALLOW A SIX-FEET-HIGH, PVC FENCE AS A SUBSTITUTE 

FOR A SOLID WALL AS REQUIRED BY SECTION 18-1507.10 (D) ―OUTDOOR 

STORAGE‖ WHICH REQUIRES THAT ―OUTDOOR STORAGE AREAS 

SHALL BE SHIELDED FROM VIEW FROM ANY PUBLIC RIGHT-OF-WAY . . 

. BY SOLID WALLS AT LEAST SIX FEET IN HEIGHT, WHICH SHALL BE 

PAINTED"; AND ELIMINATION OF THE CONDITIONAL USE (CU 2006-14) 

REQUIREMENT THAT THE SITE SHALL HAVE ONLY ONE ACCESS ONTO 

78 TH STREET. (CU 2008-3/MS 2008-16 Byrider Sales of Indiana ―S‖, Inc./Dan 

Fabbro) 


The applicant is requesting the consideration of an expansion to an approved Conditional 

Use for an “Automobile Dealer-Used Cars” and an “Automotive Repair Facility (major)” 

in the “CH” Heavy Commercial Zoning District on a 3.01 acres MOL parcel of land 

generally located at 7751 Park Boulevard with the following waivers: to allow a six-feethigh, 

PVC fence as a substitute for a solid wall for outdoor shielding requirements; and 

elimination of the Conditional Use (CU 2006-14) requirement that the site shall have 

only one access onto 78 th Street. The applicant is proposing to replace two existing 

buildings in the rear of the property with a 7,000 square feet metal building, an 8 bay 

automotive repair facility, as well as replace the existing broken gravel and shell parking 

lot with asphalt and construct a second driveway accessing 78 th Street. The site is 

primarily surrounded by commercial uses with the exception of the residential properties 

northeast of the site, which are separated by a 60-feet-wide undeveloped right-of-way, 

77 th Street. The surrounding area consists of: to the north, Automotive Fleet Enterprise; to 

the south, Park Boulevard, Citgo gas station and a vacant commercial building; to the 

east, St. Pete Times distribution center; and to the west, Wagon Wheel Flea Market. 

Subject to any matters that may be discussed at the hearing, staff has not identified any 

inconsistencies with the Comprehensive Plan. The proposal should have no adverse effect 

on adopted levels of service for City infrastructure. At its meeting on January 3, 2008, the 

Planning and Zoning Commission recommended approval of the above request with 

conditions. 



Al Carrier, 4625 East Bay Drive, Deuel & Associates, Civil Engineer and Landscaper, 

gave a presentation outlining this item. 

Terry England, 12255 75 th Street, stated the plants will be well taken care of. 




Mayor Mischler asked where the car carriers will park and if there will be an electronic 

fence or gate? 

Mr. Carrier stated the car carriers will pull into the site to park and the facility will be 

gated with the existing six foot PVC fence. 



Bailey-Snook to APPROVE: an expansion to an approved Conditional Use for an 

“Automobile Dealer-Used Cars” and an “Automotive Repair Facility (major)” in the 

“CH” Heavy Commercial Zoning District with the following waivers: to allow a six-feethigh, 

PVC fence as a substitute for a solid wall as required by Section 18-1507.10 (D) 

“Outdoor Storage” which requires that “Outdoor storage areas shall be shielded from 

view from any public right-of-way by solid walls at least six feet in height, which shall be 

painted"; and elimination of the Conditional Use (CU 2006-14) requirement that the site 

shall have only one access onto 78 th Street on a parcel of land generally located at 7751 

Park Boulevard, based on the staff report and the criteria found in Section 18-1509.4(B) 

& (C) subject to the following conditions: 

1. All previous conditions of previous approval shall remain in full force and 

effect. 

2. A Unity of Title shall be submitted prior to Final Site Plan approval. 

3. Condition No. 2 of Conditional Use case No. 2006-14 is hereby repealed. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P8 

CONSIDERATION OF A REQUEST FOR PRELIMINARY SITE PLAN 

APPROVAL FOR A PARCEL OF LAND IN THE ―M-1‖ LIGHT INDUSTRIAL 

DISTRICT THAT FUNCTIONALLY ABUTS A RESIDENTIAL ZONING 

DISTRICT WITH A WAIVER TO THE LOCATIONAL DESIGN STANDARD 

THAT STATES NO LOADING AREA, DOCK OR TRUCK WELL SHALL BE 

ORIENTED TOWARD THE RESIDENTIALLY ZONED PROPERTY AND 

SHALL BE SCREENED FROM VIEW FROM THE RIGHT-OF-WAY, AND A 

VARIANCE TO REQUIRED PARKING FOR A CERTAIN PARCEL OF LAND 

GENERALLY LOCATED AT 4800 PARK BOULEVARD. (MS 2008-25/BOA 

2008-21 – North American Tech Services Inc./Ken Yeager and Trevor Howard P.E.) 

PUBLIC HEARING – (QUASI-JUDICIAL) 

The applicant requests consideration of a Preliminary Site Plan for a 1.434 acre parcel of 

land in the “M-1” Light Industrial Zoning District generally located at 4800 Park 

Boulevard. The applicant proposes demolition of a portion of the existing building which 

will create two individual buildings, as well as improvements to the vehicular use areas, 

installation of landscaping and drainage improvements. The applicant proposes medical 

office uses for both buildings. The current lot coverage of 92% will be reduced to 85% 

with the additional landscape buffers and islands. Additionally requested is a waiver to 

the Locational Design Standard that requires that no loading area, dock or truck will be 

oriented toward the residentially zoned property and screened from view from the rightof-way, 

and a variance to required parking from 86 to 67. The applicant proposes an 

unshielded loading area on the south side of building “B” facing the residentially zoned 

properties to the south. The applicant states that the only deliveries received are from 

UPS and FedEx. The reduction to the number of parking spaces is a direct result of 

providing additional landscape areas as well as a retention pond. The subject property 

functionally abuts residential zoning to the south. Section 18-1506.23 of the Land 

Development Code requires City Council approval of site plans for property located 

within the “M-1” Light Industrial Zoning District that functionally abuts residentially 

zoned property. 



Michael Serrano, Howard Civil Engineer, stated he is the Project Manager and would like 

to separate the buildings to get access to the large parking area in the back from Park 

Boulevard. The reduction of the square foot of the building and the addition of the pond 

will leave the parking short of City requirements. 

Mr. Sorreno stated the loading area is not changing from the existing condition. 




Councilwoman Bailey-Snook stated the applicant is requesting the City waive the 

requirement for 19 parking spaces but they want to develop doctors’ offices that require 

staff and patient parking. 

Mr. Sorreno stated the applicant is reducing the square footage of the building but the 

parking cannot remain the same because they are required to improve drainage. 

Assistant City Manager Shevlin stated this will operate as a clinic where people will be 

there for extended periods of time so there is not the turnover there would normally be at 

a physician’s office. 

Mayor Mischler asked why there needs to be a waiver to keep the loading docks when 

that area could be used for additional parking? 

Mr. Sorreno stated the loading docks are existing and will remain. 

Councilman Butler stated they are already reducing the size of a concrete building. 

Councilman Taylor asked if the loading dock was eliminated, how many parking spaces 

would that allow? 

Mr. Sorreno stated there would be approximately three more parking spaces. 

Councilman Butler stated they are correcting the property by reducing the size of the 

building, updating the landscaping and improving the parking lot. It is a major 

improvement. 

Assistant City Manager Shevlin stated the reason this is before Council is because the 

property is zoned M1, if it was zoned B1 then this wouldn’t be an issue because the 

loading area would be allowed. 

Assistant City Manager Shevlin stated this is one of the few properties on Park Boulevard 

still zoned M1. 

Discussion was held on zoning and the loading dock area. 

Cecil Bradbury, 9400 50 th Way, stated this is a vast improvement to this property. 






to APPROVE the Preliminary Site Plan for a parcel of land in the “M-1” Light Industrial 

District that functionally abuts a residential zoning district with a waiver to the 

Locational Design Standard that states no loading area, dock or truck well shall be 

oriented toward the residentially zoned property and shall be screened from view from 

the right-of-way, and a variance to required parking from 86 to 67 on a parcel of land 

generally located at 4800 Park Boulevard. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





CITY CLERK 

P9 ORDINANCE NO. 3606. AN ORDINANCE AMENDING CHAPTER 8 

―ELECTIONS‖ OF THE CODE OF ORDINANCES OF THE CITY OF 

PINELLAS PARK, FLORIDA BY AMENDING ARTICLE I – ―DEFINITIONS; 

VOTER REGISTRATION‖ BY AMENDING SECTION 8-102 ―DEFINITIONS‖ 

BY AMENDING THE DEFINITION OF ―CANVASSING BOARD‖; BY 

AMENDING ARTICLE V ―CANVASSING; PROTESTING AND CONTESTS‖, 

SECTION 8-501 ―CANVASSING BOARD‖, SUBSECTION (A); PROVIDING 

FOR THE MANNER OF AMENDING SUCH CODE; PROVIDING FOR THE 

INCLUSION OF SUCH AMENDED ORDINANCE IN THE CODE OF 

ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. 


This ordinance will amend the definition of “Canvassing Board” in Chapter 8 

“Elections”, Sections 8-102 and 8-501(A) to allow City Council to designate the Pinellas 

County Supervisor of Elections as the Canvassing Board for any City Election. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 







 

C1 


ORDINANCE NO. 3608. AN ORDINANCE AMENDING AN ADOPTED 

MASTER PLAN CONTROLLING DEVELOPMENT IN AN EXISTING ―CPUD" 

COMMERCIAL PLANNED UNIT DEVELOPMENT FOR PROPERTY 

GENERALLY LOCATED EAST OF 4931 94 TH AVENUE NORTH. (PUD 1999- 

6(R)/MS 2008-12/BOA 2008-9, Stone Land Trust/Braulio Grajales, P.E.) 


(PUBLIC HEARING FEBRUARY 28, 2008 – QUASI JUDICIAL) 

City Council approved a Master Plan for the development of a drive-thru convenience 

store and office building on February 24, 2000, for a 0.423 acre parcel of land generally 

located east of 4931 94 th Avenue. The proposed development was never permitted and 

the Master Plan was considered null and void. The new owner/applicant has submitted a 

new Master Plan and proposes a 3,356 square foot structure with retail use and related 

paved vehicular use area. The applicant is requesting a variance to lot coverage from 75% 

to 79% and waivers to the following landscape buffer requirements: buffer width from 

eight feet to five feet on the western buffer and a portion of the northern buffer (that part 

adjacent to the residentially zoned property); buffer planting requirements to allow 

understory trees as replacements for canopy and intermediate trees due to conflicts with 

overhead power lines; and reduction of interior greenspace percentage from eight percent 

to seven percent in order to provide additional paved parking areas. Subject to any 

matters that may be discussed at the hearing, staff has not identified any inconsistencies 

with the Comprehensive Plan. The proposal should have no adverse effect on adopted 

levels of service for City infrastructure. Surrounding land uses are: to the north, doctor’s 

office and a single family dwelling; to the south, convenience store with gas pumps and 

R’Club; to the east, the former Scott Buick site; and to the west, a single family dwelling. 

The Planning and Zoning Commission recommended APPROVAL of the request at its 

meeting of January 3, 2008, subject to the following condition; 

1. Criteria assigned to the parcel in notes on Site Plan, last revised on 

November 11, 2007, shall be accepted as governing regulations for the 

development. All regulations not addressed shall revert to Code in effect 

at the time of “PUD” Planned Unit Development adoption. 




C2 


CHOUNG T. AND OANH H. NGUYEN (AX07-59) — Annexation of 0.14 acres 

MOL located at 6125 105 th Avenue North 



Choung T. and Oanh H. Nguyen 





Expended 


Waived 

1-Year Projected Total $591.79 $0.00 $0.00 


The voluntary annexation of 0.14 acres MOL of property owned by Choung T. and Oanh 

H. Nguyen and located at 6125 105 th Avenue North. 

 


C3 RESOLUTION NO. 08-06. LOT MOWING LIENS, PROGRAM #213. 










POLICE 

C4 AUTHORIZATION FOR PURCHASE UNDER COLLIER COUNTY 

CONTRACT–176-034, STATE CONTRACT 250-000-03-1 AND STATE 

CONTACT 255-001-01-01. 

On June 28, 2007, City Council approved the Police Department to compete for a U.S. 

Department of Justice, Office of Justice Programs, Bureau of Justice Assistance – 

Edward Byrne Memorial Justice Assistance Grant (JAG) for the partial funding for new 

Audio/visual presentation equipment for the Department’s training room. On August 27, 

2007, the Department of Justice awarded the City $27,555 for this project. 

On January 14, 2008, Audio Visual Innovations of Tampa, Florida provided a quote 

under Collier County contract #176-034 in the amount of $55, 531.80 for equipment, 

installation, and a one year warranty. 

On November 20, 2007, we received a quote under State contract from Dell Computers 

for a computer laptop and software to be utilized with the Audio/visual equipment in the 

amount of $1,486.80. 

The total cost for this purchase is $57,018.60. 

Authorization to purchase Audio/visual presentation equipment from Audio Visual 

Innovation of Tampa, Florida and a laptop and software from Dell at total cost of 

$57,018.60 that will appropriated from the Edward Byrne Memorial Justice Assistance 

Grant in the amount of $27,555 and the Confiscated Property Fund Balance to 

Confiscated Property Fund Operating Account 104-212-5-621-08 in the amount of 

$29,463.60. 

C5 AUTHORIZATION FOR PURCHASE STATE CONTRACT 618-001-04-1 

Chief Thomas is seeking authorization to purchase under State Contract thirty-six (36) 

Heavy-Duty Stack Chairs and fifteen (15) Flip-top Training Tables for the Department’s 

training room at a cost of $8,255.10 from Office Depot of Pinellas Park, Florida. 

Authorization to purchase training room furniture from the Confiscated Property Fund 

Balance to Confiscated Property Fund Operating Account 104-212-5-621-08 in the 

amount of $8,255.10.. 





C6 AUTHORIZATION FOR PURCHASE OF PLAYGROUND EQUIPMENT – 

American Park & Play, Inc., 1921 Hastings Lane, Clearwater, FL 33763 

This authorizes the Parks and Recreation Division to purchase playground equipment for 

Davis Field under Palm Beach County Contract #05074A at a cost of $65,983.84 from 

American Parks Play, Inc. (1921 Hastings Lane, Clearwater, FL 33763). The budgeted 

amount for Account 301-781-5-790-45 is $68,000.00. 

Authorization to purchase playground equipment from American Parks Play, Inc. 

(Clearwater, FL) at a total cost of $65,893.84 to be charged to the appropriate account. 

Randy Heine, 7451 Park Boulevard, asked if any of this equipment is for handicapped 

children? 

Mayor Mischler stated all playgrounds in Pinellas Park meet ADA requirements. 

 

C7 

PUBLIC WORKS 

AUTHORIZATION FOR FINAL PAYMENT ON CONTRACT 04/019 FOR 

JANITORIAL SERVICES IN CITY BUILDINGS AND PARK RESTROOMS — 

Shamrock Cleaning Services, Clearwater, FL 

This action is recommended so that final payment can be processed and the contract 

completed. The total amount of contract 04/019 is $181,200.00 and the final payment 

amount of $15,100.00 is to be charged to account 501-821-5-517-54. 

Authorization to make the final payment for janitorial services in City buildings and park 

restrooms, contract 04/019, to Shamrock Cleaning Services, Clearwater, Florida, in the 

amount of $15,100.00, to be charged to the appropriate account. 

Ed Kosinski, 7615 62 nd Street, stated he receives numerous complaints on how dirty 

Davis Field restrooms are. 

Public Works Administrator Nicholls stated he is working to resolve problems with these 

facilities and will look into the frequency of cleaning these restrooms. 




C8 

AWARD OF BID 08/010 AND CHANGE ORDER NO. 1 – MANHOLE 

REHABILITATION PROGRAM – National Power Rodding, Corp. 

Bids were legally advertised and bid invitations were mailed to 358 perspective bidders. 

Seven (7) bids were received with National Power Rodding, Corp. (2500 West 

Arthington Street, Chicago, IL, 60612-4108) being the lowest bidder that met all of the 

bid requirements with a bid submittal of $202,000.00. The amount budgeted for this 

project is $325,000.00 (page 405 of the 07/08 adopted budget). The bid amount is 

$123,000.00, or 37.8% under the budgeted amount. The approval of this item will reflect 

the award of bid, and a change order in the contract amount to facilitate additional work 

that is necessary and budgeted in future programs and take advantage of favorable pricing 

up to the amount budgeted for this project. The contract will be charged to account 301- 

381-5-780-54. 

Authorization to award Bid 08/010, with a maximum of two (2) additional one (1) year 

renewals, and approve Change Order No. 1 for the 07/08 Manhole Rehabilitation 

Program to National Power Rodding, Corp., Chicago, IL, in the amount of $325,000.00 

to be charged to the appropriate account. 

 

C9 

CITY CLERK 

APPROVING AN ADDENDUM TO THE MARCH 11, 2008 ELECTION 

CONTRACT WITH THE PINELLAS COUNTY SUPERVISOR OF ELECTIONS; 

AUTHORIZING THE PINELLAS COUNTY SUPERVISOR OF ELECTIONS TO 

SERVE AS THE CITY’S CANVASSING BOARD FOR THE MARCH 11, 2008 

ELECTION; AUTHORIZING THE CITY CLERK TO SIGN THE SAME AND 

DESIGNATING THE CITY CLERK AS THE CITY’S REPRESENTATIVE TO 

BE PRESENT AS THE ELECTION IS CANVASSED BY THE PINELLAS 

COUNTY SUPERVISOR OF ELECTIONS. 

The Supervisor of Elections has requested that they be the Canvassing Board for the City 

Election being held on March 11, 2008. The SOE would allow a representative(s) from 

the City to be present in the canvassing board room as the election is canvassed. 

Ordinance No. 3606 was amended to allow City Council to designate the Pinellas County 

Supervisor of Elections as the Canvassing Board of any City Election. 

An addendum to the March 11, 2008 Election contract with the Pinellas County 

Supervisor of Elections, authorizing the Pinellas County Supervisor of Elections to serve 

as the City’s Canvassing Board for the March 11, 2008 Election; authorizing the City 

Clerk to sign the same and designating the City Clerk as the City’s Representative to be 

present as the election is canvassed by the Pinellas County Supervisor of Elections. 





appropriate, Items C1 thru C9 inclusive, with Items C1 and C3 being First Reading Prior 

to Public Hearing and SECONDED by Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





VI. 

R1 

 



REQUEST FOR REDUCTION OF CODE ENFORCEMENT BOARD (CEB) LIEN 

NO. 04-06-02 – 5600 86 th Avenue (Hoxie) 

Louis Hoxie, father of Allen Hoxie (deceased) and current owner of the property located 

at 5600 86 th Avenue, has requested a reduction of the $18,500 Code Enforcement Board 

(CEB) Lien No. 04-06-02 on this property. At the time of Mr. Hoxie’s request, the City 

also had a pending $4,000 Lot Cleaning Lien against this property. At their meeting on 

January 17, 2008, the Code Enforcement Board recommended that CEB Lien No. 04-06- 

02 be reduced to $980.54 (which is City’s total estimated cost in handling this case), 

provided the reduced amount and the pending $4,000 Lot Cleaning Lien both be paid by 

February 28, 2008. 

On January 22, 2008, Mr. Hoxie paid the $4,000 pending Lot Cleaning Lien, which saved 

the City the time and expense involved in processing and filing a lien. In addition, to 

show good faith, Mr. Hoxie also paid the City’s total estimated cost in handling this case, 

$980.54, as recommended by the Code Enforcement Board. 

MOTION was made by Councilwoman Bailey-Snook, and SECONDED by Vice-Mayor 

Bradbury to APPROVE a reduction of CEB Lien No. 04-06-02, against Allen Hoxie and 

the property located at 5600 86 th Avenue, to the reduced and paid amount of $980.54, 

which is the City’s total estimated cost in handling this case. 

Councilman Butler stated he has a conflict of interest on this vote because he is the 

realtor of record on this particular home so he will not be voting on this issue. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 

None 






MISCELLANEOUS 

M1 


City Council sang happy birthday to Councilwoman Bailey-Snook. 

M2 

HAPPY VALENTINES DAY 

City Council wished everyone a Happy Valentine’s Day. 

M3 

EVENT 

Councilman Butler stated Saturday, February 16, 2008, there will be an event held to 

thank Councilwoman Bailey-Snook for her service and celebrate the Grand Opening of 

the Performing Arts Center. 

M4 

FUNDRAISER 

Mayor Mischler stated Sunday, February 17, 2008 from 1:00 p.m. to 5:00 p.m. There will 

be a fundraiser for the Saddle Up Riding Club, Inc. that is a non-profit organization 

benefiting children and horses. This event will be at Helen Howarth Park. 

M5 

POLICE POSSE 

Patty Johnson, 6348 102 nd Avenue, stated the Pinellas Park Mounted Unit is competing in 

Tampa over the weekend and last year they brought home the state trophy for equitation. 

M6 

OPERA IN THE PARK 

Mayor Mischler stated Sunday, February 17, 2008, at 3:00 P.M. will be Opera in the Park 

performed by the Matinee Opera Player’s Chorus. This event will be at the Performing 

Arts Center. 

ADJOURNMENT 


Attest: 

_____________________________________ _____________________________________ 




Mayor 

/cgg 






MINUTES 

February 28, 2008 



PRESENT: 

ABSENT: 






None 



Administrator, Ron Miller – Human Resources Administrator, John Moore - Assistant 

Community Activities Administrator, Tim Caddell - Zoning Coordinator, Joe Aukstikalnis – 

MIS Administrator, Randy Linthicum - Public Works Administrator, Tom Nicholls – Police 

Captain, John Green – Fire Chief, Doug Lewis – Office of Management and Budget 

Administrator, Dan Katsiyiannis – Economic Development Specialist, Shannon Coughlin – Fire 

Administrative Services Director, Mary Ann Salch – Parks and Recreation Director, Joel Garren 

– Building Maintenance Director, Tom Pezone – City Engineer/Utility Design Director, Stan 

Emerson – Media & Public Events Specialist, Pam Roberts – Multimedia System Analyst, Dawn 

Prior - City Clerk, Diane M. Corna and Office Specialist, Nichole Orr. 

INVOCATION was given by Councilman Butler. 







Bonnie Fennell – Recreation Program Manager 


Nancy Waddle – Recreation Assistant 

SPECIAL PRESENTATION – CHECK 

Ray Fisher, Jerry Mullins and Jerry Garner from the Classic Cars of Tampa 

Bay Club presented a check for $4,500 to the Pinellas Park Thunderbirds. 

II. 

PC1 


GENERAL ELECTION 

Randy Heine, 7451 Park Blvd, spoke in opposition to the support for an opposing 

candidate. 


III. 


Approval of Regular Council Minutes of February 14, 2008, as on file in the City Clerk’s 

Office. 


Butler to APPROVE the Regular Council Minutes of February 14, 2008, as on file in the 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





IV. 



P1 



AVENUE NORTH (CHOUNG T. AND OANH H. NGUYEN AX07-59) 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P2 ORDINANCE NO. 3607. ANNEXING INTO THE CITY OF PINELLAS PARK 

CERTAIN PARCELS OF LAND GENERALLY LOCATED AT 6154 AND 6188 

110 TH AVENUE NORTH (JEFFREY G. THALER AX08-04) 



Owner plans to build a single-family home on each lot. The property is located at 6154 

and 6188 110 th Avenue North, in the Northfield Manor Subdivision. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P3 


MASTER PLAN CONTROLLING DEVELOPMENT IN AN EXISTING ―CPUD" 

COMMERCIAL PLANNED UNIT DEVELOPMENT FOR PROPERTY 

GENERALLY LOCATED EAST OF 4931 94 TH AVENUE NORTH. (PUD 1999- 

6(R)/MS 2008-12/BOA 2008-9, Stone Land Trust/Braulio Grajales, P.E.) 


(QUASI JUDICIAL) 

City Council approved a Master Plan for the development of a drive-thru convenience 

store and office building on February 24, 2000, for a 0.423 acre parcel of land generally 

located east of 4931 94 th Avenue. The proposed development was never permitted and 

the Master Plan was considered null and void. The new owner/applicant has submitted a 

new Master Plan and proposes a 3,356 square foot structure with retail use and related 

paved vehicular use area. The applicant is requesting a variance to lot coverage from 75% 

to 79% and waivers to the following landscape buffer requirements: buffer width from 

eight feet to five feet on the western buffer and a portion of the northern buffer (that part 

adjacent to the residentially zoned property); buffer planting requirements to allow 

understory trees as replacements for canopy and intermediate trees due to conflicts with 

overhead power lines; and reduction of interior green space percentage from eight percent 

to seven percent in order to provide additional paved parking areas. Subject to any 

matters that may be discussed at the hearing, staff has not identified any inconsistencies 


levels of service for City infrastructure. Surrounding land uses are: to the north, doctors 

office and a single family dwelling; to the south, convenience store with gas pumps and 

R’Club; to the east, the former Scott Buick site; and to the west, a single family dwelling. 

The Planning and Zoning Commission recommended APPROVAL of the request at its 

meeting of January 3, 2008, subject to the following condition; 

1. Criteria assigned to the parcel in notes on Site Plan, last revised on November 11, 

2007, shall be accepted as governing regulations for the development. All 

regulations not addressed shall revert to Code in effect at the time of “PUD” 

Planned Unit Development adoption. 



Braulio Grajales, Stoneland Trust, 630 Chestnut Street, Clearwater, stated he is the 

engineer and gave a presentation outlining the project. 

Councilman Taylor asked if the drainage swell will be between the proposed project and 

Dr. Lou’s property? 

Mr. Grajales stated that was correct. 

Discussion was held on drainage. 




Vice-Mayor Bradbury stated if this item is approved she would like to make a condition 

to repair the concrete wall. 

City Clerk Corna stated there was a letter from Jill Morris whose mother resides at 4936 

95 th Avenue, with concerns about the drainage of the property. 

Janet Hink, 4936 95 th Avenue, stated she opposed to the project but she would like 

answers about the drainage. 

Mayor Mischler stated he has told the engineer that no portion of the water may be 

displaced on another person’s property. 

City Manager Gustafson stated it is a 15 foot elevation, not 15 feet elevated off of the 

ground. 

Councilman Taylor stated the drainage system will not be an open retention area but a 

concrete vault under the parking lot. 

Mr. Grajales explained the drainage plans. 

Cecil Bradbury, 9400 50 th Way, stated if the property line had a french drain to allow the 

water to naturally go into the ground; it would address a lot of concerns. 





MOTION was made by Councilman Butler and SECONDED by Councilwoman Bailey- 

Snook to PASS Ordinance No. 3608. 

MOTION was made by Councilman Butler and SECONDED by Councilwoman Bailey- 

Snook to AMEND the motion to include the following condition: 

1. The existing concrete wall must be repaired to the City’s current standards. 

Councilman Butler stated he believes the concrete wall is in the previous action the City 

Council took a few years ago and the wall may not be removed. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 













The City Attorney read Resolution No. 08-06 by title only. Mayor Mischler opened the 





Butler to ADOPT Resolution No. 08-06. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






 

PUBLIC WORKS 

C1 AWARD OF BID 08/018 – PARK BOULEVARD MEDIAN LANDSCAPING — 

Vila & Son Landscaping Corp. 


Seven (7) bids were received with Vila & Sons Landscaping Corp. (1900 Williams Road, 

Winter Garden, FL 34787) being the low bidder with a bid submittal of $105,333.54. 

Funding for this project is identified in the FY 07/08 budget, page 401, in the amount of 

$150,000.00. This project will be charged to account 301-781-5-734-85. The project 

funding is provided from the FDOT Agreement FP # 421528-1-54-01 approved by City 

Council June 22, 2006. 

Authorization to award Bid 08/018 for the Park Boulevard Median Landscaping Project 

to Vila & Son Landscaping Corp. Winter Garden, FL, in the amount of $105,333.54 to be 

charged to the appropriate account. 

Randy Heine, 7451 Park Boulevard., stated this item should be postponed because the 

City should not spend that amount of money on the median strips of Park Boulevard. 

Mayor Mischler stated the project funding is provided by the Florida Department of 

Transportation Agreement. 

C2 CHANGE ORDER NO. 1 AND FINAL PAYMENT FOR PROJECT 04/010 – 

MODIFICATIONS TO LIFT STATION 30 — Wharton-Smith, Inc. 


processed and the contract closed out. The final contract amount is $17,103.00 over the 

original contract amount. This represents an increase of 2.56%. The increase was due to 

the removal of asbestos encountered in the demolition phase and the addition of an 

electrical terminal box for safety concerns. The account to be charged is 301-381-5-776- 

19. 

Authorization for approval and acceptance of Change Order No.1, Project 04/010, 

Modifications to Lift Station 30, an increase of $17,103.00 for a total adjusted contract 

amount of $685,603.00 and authorization for final payment of $50,528.00 to Wharton - 

Smith, Inc. to be charged to the appropriate account. 

MAYOR MISCHLER LEFT THE MEETING AT 8:31 P.M. 




C3 


ORDINANCE NO. 3609. AN ORDINANCE AMENDING CHAPTER 18 (LAND 

DEVELOPMENT CODE), ARTICLE 16 ―PINELLAS PARK CONCURRENCY 

MANAGEMENT SYSTEM‖ OF THE CODE OF ORDINANCES OF THE CITY 

OF PINELLAS PARK, FLORIDA, BY AMENDING ARTICLE 16 

ELIMINATING THE TERMS ―VOLUME TO CAPACITY RATIO‖ AND ―PEAK 

HOUR‖ IN DESCRIBING LEVEL OF SERVICE; REVISING THE VOLUME TO 

CAPACITY RATIO DEFINITION TO IDENTIFY IT AS A CRITERIA FOR 

ASSESSING UNDESIREABLE DEGRADATION; PROVIDING FOR 

CERTIFICATION BY CITY COUNCIL THAT THIS ORDINANCE IS IN 

CONFORMANCE WITH THE CITY’S COMPREHENSIVE PLAN AND 

COMMUNITY REDEVELOPMENT PLAN; PROVIDING FOR REPEAL OF 

ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO 

THE EXTENT OF SUCH CONFLICT; PROVIDING FOR AN EFFECTIVE 

DATE. 


These modifications will revise the definition section to eliminate the terms “peak hour” 

and “volume to capacity ratio” as part of the level of service definition and to expand the 

definition of “volume to capacity ratio” so as to more clearly identify how it is to be used 

when assessing concurrency impact. 

MAYOR MISCHLER RETURNED TO THE MEETING AT 8:32 P.M. 




C4 ORDINANCE NO. 3612. AN ORDINANCE AMENDING CHAPTER 18 (LAND 

DEVELOPMENT CODE), ARTICLE 15 ―ZONING‖ OF THE CODE OF 

ORDINANCES OF THE CITY OF PINELLAS PARK, FLORIDA, BY 

AMENDING SUBSECTION 18-1506.21, ―B-1‖ GENERAL COMMERCIAL 

DISTRICT, SPECIFICALLY PARAGRAPH 18-1506.21 (B) DENSITY 

REGULATIONS, PROVIDING FOR UTILIZATION OF THE RESORT 

FACILITIES HIGH (RFH) FUTURE LAND USE CATEGORY IN THE ―B-1‖ 

GENERAL COMMERCIAL DISTRICT; BY AMENDING PARAGRAPH 18- 

1506.21 (C) 1. . PERMITTED USES, ESTABLISHING POTENTIAL FOR THE 

DEVELOPMENT OF HOTELS/MOTELS AT A DENSITY OF FIFTY (50) UNITS 

PER NET ACRE WHEN ASSIGNED RESORT FACILITIES HIGH (RFH) 

FUTURE LAND USE CATEGORY; PROVIDING FOR REPEAL OF 



DATE. (LDC 2008-01) 


(Public Hearing March 13, 2008) 

This amendment will provide for the Resort Facilities High Future Land Use Category to 

be appropriate for the ”B-1” General Commercial Zoning District in order to permit 

hotel/motel development at a density of fifty (50) units per acre. At its meeting of 

February 7, 2008, the Planning and Zoning Commission recommended APPROVAL of 

the proposed amendment. 

Mayor Mischler requested that Item C5 to be moved to Regular Agenda. 

ITEM C5 WAS MOVED TO THE REGULAR AGENDA 




C6 

MIS 

AUTHORIZATION FOR THE PURCHASE OF SEVEN(7) LAPTOPS AND 

SEVEN (7) MOBILE DATA MODEMS - Insight Corp., Motorola, Inc 

Authorization to purchase seven (7) Panasonic laptop computers under state contract 250- 

000-03-01 at a cost of $36,869.00 from Insight Public Sector Inc. (218 E. Orange 

Avenue, Lake Wales, Fl. 33853) and seven (7) mobile data modems at a cost of 

$18,830.00 from Motorola, Inc. (3195 Tech Drive North, St. Petersburg, Fl. 33716) at a 

total cost of $55,699.00 to be charged to account 501-851-5-621-08. 

Authorization to purchase seven (7) Panasonic laptop computers from Insight 

Corporation (Lake Wales, Fl 33853) and (7) mobile data modems from Motorola Inc, (St 

Petersburg, Fl. 33716) at a total cost of $55,699.00 to be charged to the appropriate 

accounts. 

 

C7 


AUTHORIZATION FOR PURCHASE OF BALLFIELD LIGHTING – Himes 

Electric Company, Inc., P.O. Box 516, Lutz, FL 33548 

This authorizes the Parks and Recreation Division to purchase lighting for Davis Field 

Complex (Fields 2, 3, & 4) under Hillsborough County Contract C-0215-07 at a cost of 

$144,513.00 from Himes Electric Company, Inc. (P.O. Box 516, Lutz, FL 33548). The 

budgeted amount for Account 301-781-5-789-71 is $280,400. (Note: Budget amount is 

for FY 08-09, Page 402. Project is being brought forward due to woodpecker damage to 

wooden poles. This will be noted in the OMB Budget Amendment.) 

Authorization to purchase ball field lighting from Himes Electric Company, Inc. (Lutz, 

FL) at a total cost of $144,513.00 to be charged to the appropriate account. 





appropriate, Items C1 through C4, Items C6 and C7 inclusive, with Items C3 and C4 

being First Reading Prior to Public Hearing and Item C5 moved to the Regular Agenda 

and SECONDED by Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 





VI. REGULAR AGENDA 

 

R1A 

C5 



WITH JEFFREY G. THALER (AX08-04) — Annexation of 0.28 acres MOL located 

at 6154 and 6188 110 th Avenue North 


Within the next five years the Owner plans to construct a single-family home on each lot. 

The property is located at 6154 and 6188 110 th Avenue North, in the Northfield Manor 

Subdivision. 

Jeffrey G. Thaler 

6154 and 6188 110 th Avenue N. 




Expended 


Waived 



For a period of sixty (60) months the City shall waive all City land development 

fees, applicable for the construction of two single-family homes, one on each lot, 

estimated to be, and not to exceed, Six Thousand Dollars ($6,000.00). 

Authorization for Mayor to sign an Annexation Agreement with Jeffrey G. Thaler for 

annexation of 0.28 acres MOL located at 6154 and 6188 110 th Avenue North. 

Randy Heine, 7451 Park Blvd, stated he feels 60 months is too long of a period to waive 

fees and should be changed to 24 months. 

Mayor Mischler stated he also has concerns about waiving fees for 60 months and feels 

24 months is sufficient. 




MOTION was made by Councilman Butler, and SECONDED by Vice-Mayor Bradbury 

to APPROVE authorization for Mayor to sign an Annexation Agreement with Jeffrey G. 

Thaler for annexation of 0.28 acres MOL located at 6154 and 6188 110 th Avenue North. 

Mayor Mischler stated he will not approve waiving fees for 60 months and feels 24 

months would be sufficient. 

Vice-Mayor Bradbury stated in the past these fees have been approved unanimously and 

the $6,000 being waived is for two separate properties. 

Vice-Mayor Bradbury stated she believes 60 months is reasonable and within the first 

two years of the homes being built, $6,000 will be generated. 

Vice-Mayor Bradbury stated the applicant is building homes in place of mobile homes 

which are safer and will be less debt to the taxpayers if a hurricane was to come through 

the area. The City should be encouraging the residents living in mobile homes to remove 

them and build homes. 

Councilwoman Bailey-Snook stated she feels 24 months is sufficient. 

Councilman Butler stated the area is changing into a residential area with newer homes 

and changing the mode of operation now will send a clear message to the rest of the 

neighborhood to not redevelop. 

Councilman Taylor stated he does not have a problem with it being 24 months or 36 

months but it may be finished a lot faster than the 60 months. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 





R1 

PUBLIC WORKS 

SELECTION OF CITY COUNCIL MEMBER TO SERVE ON THE COMMITTEE 

FOR DESIGN BUILD 08/019 – REPLACEMENT OF HEATING AND AIR 

CONDITIONING SYSTEM FOR CITY HALL – Building Maintenance 

A Committee will be selected to review qualifications for Design Build 08/019 Replacement 

of Heating and Air Conditioning System for City Hall. Council will select the Council 

Member who will serve on the Committee for review and evaluation of the qualifications 

received in response to the Request for Qualified Firms for Design Build 08/019 

Replacement of Heating and Air Conditioning System for City Hall. 


to select Councilman Butler, to serve on the Committee for review and evaluation of 

Qualification Statements for Design Build 08/019 – Replacement of Heating and Air 

Conditioning System for City Hall, if re-elected on March 11, 2008. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R2 


APPOINTMENT TO THE RECREATION BOARD — One Regular Member 

The Recreation Board interviewed Barbara G. VanCamp on January 28, 2008 to fill the 

unexpired term of Pat Schwan. The Board recommends the appointment of Barbara G. 

VanCamp to serve on the Recreation Board with a term to expire December 31, 2009. 


Butler to APPROVE the appointment of Barbara G. VanCamp to serve as a member of 

the Recreation Board with term to expire December 31, 2009. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R3 

CITY COUNCIL 

RECOMMENDATION OF APPOINTMENT TO THE CITIZEN’S ADVISORY 

COMMITTEE OF THE METROPOLITAN PLANNING ORGANIZATION 

Peter White submitted his resignation from this Committee effective January 21, 2008, 

due to work related issues. Mr. White served on the Citizen’s Advisory Committee from 

May 2003 to January 2007. An ad was published in the St. Petersburg Times 

Neighborhood Edition on December 23, 2007 with two applicants responding, David L. 

Carson, Jr. and Frank Kasinecz. 


to APPROVE Recommendation of appointment of David L. Carson, Jr. to serve on the 

Citizen’s Advisory Committee of the Metropolitan Planning Organization. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





MISCELLANEOUS 

M1 

PINELLAS PARK NATIONAL LITTLE LEAGUE 

Councilman Taylor stated Pinellas Park National Little League opening day is Saturday, 

March 1, 2008, at 11:00 a.m. 

Mayor Mischler stated Pinellas Park Pony League opening day is Saturday, March 1, 

2008 at 1:00 p.m. 

M2 

MAINLANDS SHOPPING CENTER 

Councilman Taylor stated the Mainlands Wachovia Branch and Post Office are closing. 

M3 

REVEREND EDDIE FOWLER 

Councilman Taylor stated Reverend Eddie Fowler passed away last week and will be 

missed by many people. 

M4 

HELEN JONES 

Councilman Taylor stated Helen Jones turned 99 years old. 

M5 

ELECTION 

Vice-Mayor Bradbury stated the City will hold a General Election before the next council 

meeting, March 11, 2008, and hopes everyone exercises their right to vote. 

M6 

TARA MAR BRAZILIAN STEAK HOUSE 

Vice-Mayor Bradbury stated there was recently a ribbon cutting for the Tara Mar 

Brazilian Steak House and it is delicious and reasonably priced for families. 

M7 

CHILI BLAZE AND COUNTRY IN THE PARK 

Councilman Butler stated the Chili Blaze and Country in the Park are coming up in a 

couple of weeks with new entertainment. 




M8 

RETIREMENT DINNER 

Councilwoman Bailey-Snook stated she appreciated the retirement dinner given in her 

honor it was very nice to see faces she has not seen in a while. 

Councilwoman Bailey-Snook stated the Performing Arts Center is beautiful and there 

was a lot of money raised for the Angel Fund at the event. 

M9 

DICK FLETCHER’S PASSING 

Vice-Mayor Bradbury stated Dick Fletcher’s family lives in the area and to be sure his 

family is in everyone’s thoughts and prayers. 

M10 

PINELLAS PARK CIVIC ORCHESTRA 

Assistant Community Activities Administrator Caddell stated the Pinellas Park Civic 

Orchestra will be playing Sunday, March 2, 2008, at 7:30 p.m. at the Performing Arts 

Center. 

M11 

CLAIRE LYNCH BAND 

Assistant Community Activities Administrator Caddell stated the Claire Lynch Band will 

be playing Friday, March 7, 2008, at 7:30 p.m. at the Performing Arts Center. 

ADJOURNMENT 


Attest: 

_____________________________________ 

Diane M. Corna, MMC 


___________________________________ 


Mayor 

/nlo 






MINUTES 

March 13, 2008 



PRESENT: 

ABSENT: 






None 



Administrator, Ron Miller – Human Resources Administrator, John Moore - Assistant 

Community Activities Administrator, Tim Caddell - Zoning Coordinator, Joe Aukstikalnis – 

MIS Administrator, Randy Linthicum - Public Works Administrator, Tom Nicholls – Police 

Chief, Dorene Thomas – Fire Chief, Doug Lewis – Office of Management and Budget 

Administrator, Dan Katsiyiannis – Community Planning Administrator, Robert Bray – 

Neighborhood Services Administrator, Susan Walker – Fire Administrative Services Director, 

Mary Ann Salch – Engineering Services Director, Scott Pinheiro - Media & Public Events 

Specialist, Pam Roberts – Multimedia System Analyst, Dawn Prior - City Clerk, Diane Corna 

and Deputy City Clerk, Christine Gardner. 





MARCH 13, 2008

ACCEPTANCE OF THE CANVASSING OF THE VOTES BY THE PINELLAS 

COUNTY SUPERVISOR OF ELECTIONS OFFICE FOR THE CITY OF 

PINELLAS PARK GENERAL ELECTION HELD ON TUESDAY, MARCH 11, 



to ACCEPT the certification totals of the 2008 City of Pinellas Park General Election 

held on March 11, 2008, as submitted by the Board of County Canvassers, declaring 

William F. Mischler as Mayor, Rick Butler as City Councilman for Seat #3 and Jerry A. 

Mullins as City Councilman for Seat #4. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Mayor Mischler commended all candidates for coming forward to serve their City. 

SPECIAL PRESENATION - COUNCILWOMAN BAILEY-SNOOK 

Mayor Mischler read a letter from Governor Charlie Crist congratulating and thanking 

Councilwoman Bailey-Snook for 40 years of public service to the State of Florida and 

Pinellas Park. 

OATHS OF OFFICE – MAYOR AND COUNCIL SEATS 3 AND 4 

City Attorney Denhardt swore in Mayor Mischler for a new term of office. 

City Attorney Denhardt swore in Councilman Butler for a new term of office for City 

Council Seat 3. 

City Attorney Denhardt swore in Jerry A. Mullins for a new term of office for City 

Council Seat 4. 




SELECTION OF VICE-MAYOR AND OATH OF OFFICE 

Selection of Councilman Butler to serve as Vice-Mayor with term to run from March 14, 

2008, through March 26, 2009. 


Taylor to APPROVE the appointment of Councilman Butler to Vice-Mayor with a term 

from March 14, 2008 through March 26, 2009. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 



EMPLOYEE OF THE YEAR — Brian West, Engineering Inspector 

II. 

PC1 


2008 GENERAL ELECTION 

Gail Thomson, 5965 79 th Avenue, stated she is very pleased to live in a community where 

there is a lively, competitive campaign without being contentuous. 

Ms. Thomsen congratulated the successful candidates and encouraged all candidates to 

stay engaged in the City. 





III. 


Approval of Regular Council Minutes of February 28, 2008, as on file in the City Clerk’s 

Office. 


Butler to APPROVE the Regular Council Minutes of February 28, 2008, as on file in the 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





IV. 



ITEM P1, ITEM P2 AND ITEM P3 WERE WITHDRAWN AT THE REQUEST OF THE 

APPLICANT. 

City Clerk Corna read a letter from the applicant requesting the withdraw into the record. 

P4 


DEVELOPMENT CODE), ARTICLE 16 ―PINELLAS PARK CONCURRENCY 

MANAGEMENT SYSTEM‖ OF THE CODE OF ORDINANCES OF THE CITY 

OF PINELLAS PARK, FLORIDA, BY AMENDING ARTICLE 16 

ELIMINATING THE TERMS ―VOLUME TO CAPACITY RATIO‖ AND ―PEAK 

HOUR‖ IN DESCRIBING LEVEL OF SERVICE; REVISING THE VOLUME TO 

CAPACITY RATIO DEFINITION TO IDENTIFY IT AS A CRITERIA FOR 

ASSESSING UNDESIREABLE DEGRADATION; PROVIDING FOR 

CERTIFICATION BY CITY COUNCIL THAT THIS ORDINANCE IS IN 

CONFORMANCE WITH THE CITY’S COMPREHENSIVE PLAN AND 

COMMUNITY REDEVELOPMENT PLAN; PROVIDING FOR REPEAL OF 



DATE. 


These modifications will revise the definition section to eliminate the terms ―peak hour‖ 

and ―volume to capacity ratio‖ as part of the level of service definition and to expand the 

definition of ―volume to capacity ratio‖ so as to more clearly identify how it is to be used 

when assessing concurrency impact. 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P5 ORDINANCE NO. 3612. AN ORDINANCE AMENDING CHAPTER 18 (LAND 

DEVELOPMENT CODE), ARTICLE 15 ―ZONING‖ OF THE CODE OF 

ORDINANCES OF THE CITY OF PINELLAS PARK, FLORIDA, BY 

AMENDING SUBSECTION 18-1506.21, ―B-1‖ GENERAL COMMERCIAL 

DISTRICT, SPECIFICALLY PARAGRAPH 18-1506.21 (B) DENSITY 

REGULATIONS, PROVIDING FOR UTILIZATION OF THE RESORT 

FACILITIES HIGH (RFH) FUTURE LAND USE CATEGORY IN THE ―B-1‖ 

GENERAL COMMERCIAL DISTRICT; BY AMENDING PARAGRAPH 18- 

1506.21 (C) 1. PERMITTED USES, ESTABLISHING POTENTIAL FOR THE 

DEVELOPMENT OF HOTELS/MOTELS AT A DENSITY OF FIFTY (50) UNITS 

PER NET ACRE WHEN ASSIGNED RESORT FACILITIES HIGH (RFH) 

FUTURE LAND USE CATEGORY; PROVIDING FOR REPEAL OF 





This amendment will provide for the Resort Facilities High Future Land Use Category to 

be appropriate for the ‖B-1‖ General Commercial Zoning District in order to permit 

hotel/motel development at a density of fifty (50) units per acre. At its meeting of 

February 7, 2008, the Planning and Zoning Commission recommended APPROVAL of 

the proposed amendment. 





MOTION was made by Councilman Butler, and SECONDED by Vice-Mayor Bradbury 


Councilman Taylor stated he will not support this item although he understands the long 

range necessity, he is having difficulty with the short term. 

Councilman Taylor stated he does not want Council to be out of the process when density 

is concerned. 

Councilwoman Bailey-Snook stated she feels the same when discussing going to 50 units 

per acre and she is concerned with water shortage. 

Councilwoman Bailey-Snook stated she thinks quality hotels will still come into the City 

and still make a profit without 50 units per acre. 




Councilman Butler stated in the entire City there may only be four or five sites this 

change would apply to and those sites are easily adaptable to this type of increase in 

density. 

Councilman Butler stated he thinks this should be researched further and Council can 

table this issue to discuss the details further. 

Vice-Mayor Bradbury stated this issue has been addressed by the Pinellas Planning 

Council focusing on the small hotels on the beaches to allow them to be competitive and 

rebuild if necessary. 

Vice-Mayor Bradbury stated she supported this concept to protect the small hotels and 

she would like Pinellas Park to be competitive with the rest of Pinellas County. 

Vice-Mayor Bradbury stated the City’s industrial park is one of the largest in Pinellas 

County and it would be great for those businesses to have somewhere close for people to 

stay. 

Vice-Mayor Bradbury stated this would be addressed on a case by case basis and Council 

will be able to discuss this every single time so she does support this change. 

Mayor Mischler stated right now the City’s ordinances allow for 40 units per acre and 

this change would increase it to a maximum of 50 units per acre. 

Mayor Mischler stated this is an insignificant change and he will support this when 

looking at the overall picture. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 





P6 


CERTAIN PARCELS OF LAND GENERALLY LOCATED AT 6154 AND 6188 

110 TH AVENUE NORTH (JEFFREY G. THALER AX08-04) 



The Owner plans to build a single-family home on each lot. The property is located at 

6154 and 6188 110 th Avenue North, in the Northfield Manor Subdivision. 






Butler to PASS Ordinance No. 3607. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P7 

AUTHORIZATION FOR MAYOR TO SIGN A VOLUNTARY ANNEXATION 

AGREEMENT WITH GEORGE KELLY AND MARTHA KELLY (AX08-05 — 

Annexation of 0.15 acres MOL located at 8942 68 th Street North) 

PUBLIC HEARING – (QUASI JUDICIAL) 


located at 8942 68 th Street North in the Jan-Cory Subdivision. The owner intends to 

install a new wood fence along the entire west property line. 

George Kelly and Martha Kelly 

8942 68 th Street North 




Expended 


Waived 


The voluntary Annexation Agreement special provisions are: 

Grant variances to the rear setback for two sheds, the side setback for 

one shed and to the distance between 2 sheds at no charge to Owner 

($225). 

Waive one fence permit fee ($27). 





to APPROVE authorization for Mayor to sign a voluntary Annexation Agreement with 

George Kelly and Martha Kelly, annexation of 0.15 acres MOL of contiguous residential 

property located at 8942 68 th Street North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P8 

ORDINANCE NO. 3611 . ANNEXING INTO THE CITY OF PINELLAS PARK A 

CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 8942 68 TH STREET 

NORTH (KELLY – AX08-05) 



The Owner’s single family home is located on this site in the Jan-Cory Subdivision. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






 

C1 

PUBLIC WORKS 

AWARD OF BID 05/002 –114 th AVENUE BRIDGE CROSSING AT PINEBROOK 

CANAL – Clark Hunt Construction, Inc. 


Twenty-one (21) bids were received with Clark Hunt Construction, Inc. (2165 Logan 

Street, Clearwater, Fl, 33765) being the lowest bidder with a bid submittal of 

$691,378.50 that meets all the bid requirements. The amount budgeted for this project is 

$1,500,000.00, and may be found on page 400 of the 2007/8 adopted budget. The 

contract will be charged to account 301-481-5-782-60. The 114 th Avenue Bridge 

Crossing will provide a secondary east-west access roadway between 66 th Street and 

Belcher Road. 

Authorization to award Bid 05/002, to Clark Hunt Construction, Inc. Clearwater, Fl, in 

the amount of $691,378.50 to be charged to the appropriate account. 

Councilman Taylor stated there were 21 bids received for this project and the price came 

in well under the appropriated cost. 




C2 


ORDINANCE NO. 3613. AN ORDINANCE AMENDING CHAPTER 18, SECTION 

18-1503.3, LAND DEVELOPMENT CODE OF THE CITY OF PINELLAS PARK 

CODE OF ORDINANCES AND CITY ZONING MAP BY REZONING A 

CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 4190 78 TH AVENUE 

AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," WHICH IS 

ATTACHED HERETO AND MADE A PART THEREOF; FROM ―R-6‖ 

MULTIFAMILY RESIDENTIAL/COMMERCIAL DISTRICT TO ―R-6‖ MULTI- 

FAMILY RESIDENTIAL/COMMERCIAL DISTRICT AND ADOPTING A 

MASTER PLAN AND SUPPORTING DOCUMENTATION FOR AN "RPUD" 

RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR A 21 UNIT SINGLE- 

FAMILY ATTACHED SUBDIVISION. (PUD 2008-1/CU 2008-7/BOA 2008-19/MS 

2008-24 - Kenneth Keefe/ Brian Barker P.E. Deuel and Associates) 


PUBLIC HEARING – March 27, 2008 (QUASI JUDICIAL) 

The applicant is requesting approval of an ―RPUD‖ Residential Planned Unit 

Development and the adoption of a Master Plan for the development of a 21 unit singlefamily 

attached townhome subdivision for a parcel of land generally located at 4190 78 th 

Avenue, along with a request for a Conditional Use to allow a density up to and including 

15 units/acre. The applicant is also requesting variances and/or waivers to the following: 

creation of a substandard private right-of-way; sidewalks on both sides of the right-ofway; 

minimum lot frontage on a right-of-way; block length; block width; intersection 

design; right-of-way improvements to 78 th Avenue; building design standards; and 

landscape requirements. Surrounding land uses are: to the north, single family dwellings; 

to the south, Public Storage; to the east, Hamilton Bay Apartments; and to the west, Brite 

Beginners Preschool. The Planning and Zoning Commission on February 7, 2008, 

recommended Approval of the rezoning and Master Plan based on the "Responses of 

Relevant Considerations for Rezoning." The relevant considerations found that the 

rezoning is consistent with the City's Comprehensive Plan policies and would not 

adversely affect service levels subject to the following conditions: 

1. Minimum setbacks shall be as illustrated on the ―RPUD‖ Residential 

Planned Unit Development Master Plan (Exhibit ―B‖) for each lot. 

(Setbacks shall be as follows: Front – 100 feet (78 th Avenue) & 30 feet 

(76 th Avenue), Side – 10 feet (east) and 50 feet (west). Mechanical 

equipment - 10 feet. 

2. Criteria assigned to the subdivision, in notes on the approved Site Plan, 

last revised December 12, 2007, shall be accepted as governing 

regulations for the development. All regulations not addressed shall revert 

to Code in effect at the time of the ―RPUD‖ Residential Planned Unit 

Development adoption. 




OMB 

C3 ORDINANCE NO. 3610. AMENDING ORDINANCE 3573 ADOPTING THE 

BUDGET FOR FISCAL YEAR 2007/2008. 


In general, the ordinance amends this year’s budget by re-appropriating funds for several 

CIP projects that carried forward from last fiscal year. Due to the recent downturn in the 

economy, this amendment reduces the budgeted amount for both State Revenue Sharing 

($93,856) and the City’s share of the ½ Cent Sales Tax distribution ($150,000) in the 

General Fund. 


appropriate, Items C1 thru C3 inclusive, with Items C2 and C3, being First Reading Prior 

to Public Hearing and SECONDED by Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





VI. 

 


OMB 

R1 APPOINTMENT TO THE CITIZEN’S BUDGET ADVISORY COMMITTEE — 

Jerry Garner, Ethel Mudd, and Alan Swartz 

Two vacancies on the Citizen’s Budget Advisory Board were created by the resignations 

of regular board members Nancy Loehr and George Race. In addition, the Board has not 

had an Alternate board member either in the past few years. The remaining Board 

members reviewed the background and experience of all six applicants. The Board 

recommends the appointments of Jerry Garner and Ethel Mudd to serve as regular 

members, and Alan Swartz to serve as the alternate member on the Citizen’s Budget 

Advisory Board with terms to begin in May 1, 2008 and expire April 30, 2010. 

Appointments of Jerry Garner, Ethel Mudd to serve as regular members of the Citizen’s 

Budget Advisory Board, and Alan Swartz to serve as the alternate member of the 

Citizen’s Budget Advisory Committee with terms to begin in May 1, 2008 and expire 

April 30, 2010. 


Butler to APPROVE appointments of Jerry Garner, Ethel Mudd to serve as regular 

members of the Citizen’s Budget Advisory Committee, and Alan Swartz to serve as the 

alternate member of the Citizen’s Budget Advisory Committee with terms to begin May 

1, 2008 and expire April 30, 2010. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





MISCELLANEOUS 

M1 

PEOPLE HELPING PEOPLE 

Councilman Taylor stated Jerry Garner works very hard to fundraise for People Helping 

People. Flower’s Bakery donated pastries for the group to sell and thanked them for their 

help. 

Mayor Mischler stated Walmart is also contributing donuts and coffee for the group to 

sell. 

M2 

MAYOR’S COFFEE 

Mayor Mischler stated he is usually at the McDonalds in WalMart weekday mornings for 

anyone who would like to stop by and talk. 

M3 

RE-ELECTION 

Councilman Butler thanked residents for re-electing him and stated he appreciates all the 

support and votes. 

Mayor Mischler thanked the residents for their faith in him and giving him another 

opportunity to serve them. 

M4 

COUNCILWOMAN BAILEY-SNOOK 

Councilman Butler thanked Councilwoman Bailey-Snook for taking him under her wing 

when he was elected 10 years ago and stated he will miss her. 

Councilwoman Bailey-Snook stated she will miss everybody and thanked everyone for 

the opportunity to serve them because it has been wonderful. 

Councilwoman Bailey-Snook stated she has met a lot of wonderful people but no one 

comes close to those in Pinellas Park. 

Councilwoman Bailey-Snook requested Council take care of the senior citizens because 

being a councilmember opens a lot of doors to help people. 

Mayor Mischler stated he has had the honor of working with Councilwoman Bailey- 

Snook for 37 years and provided history on their service together. 

Vice-Mayor Bradbury thanked Councilwoman Bailey-Snook for doing a wonderful job 

for Pinellas Park and for her friendship and leadership. 




Councilman Taylor stated Councilwoman Bailey-Snook has words with actions to back 

them up and he will miss her. 

Councilman Taylor stated he will now take over Councilwoman Bailey-Snook’s concerns 

with water shortage issues and he will make it a priority to watch over water usage. 

Assistant Community Activities Administrator Caddell stated Saturday, March 15, 2008, 

has been declared by proclamation as Councilwoman Bailey-Snook Day in Pinellas Park. 

City Manager Gustafson thanked Councilwoman Bailey-Snook for the education she has 

given him. 

Councilwoman Bailey-Snook stated City Manager Gustafson has made her very proud 

and he has done an excellent job. 

M5 

CHILI BLAZE AND COUNTRY IN THE PARK 

Assistant Community Activities Administrator Caddell provided information on the Chili 

Blaze and Country in the Park events taking place this weekend. 

M6 

RECEPTION 

City Clerk Corna stated there will be a reception in the break room following the meeting 

for the new elected Mayor and Councilmembers. 

ADJOURNMENT 


Attest: 

_____________________________________ _____________________________________ 




Mayor 

/cgg 






MINUTES 

March 27, 2008 



PRESENT: 

ABSENT: 


Councilwoman, Sandra L. Bradbury 

Vice-Mayor, Rick Butler 

Councilman, Jerry A. Mullins 




Administrator, Ron Miller – Human Resources Administrator, John Moore – Government 

Relations Administrator, Tim Caddell - Zoning Director, Dean Neal – MIS Administrator, Randy 

Linthicum - Public Works Administrator, Tom Nicholls – Police Captain, Michael Haworth – 

Fire Chief, Doug Lewis – Office of Management and Budget Administrator, Dan Katsiyiannis – 

Economic Development Specialist, Chuck Webber – Neighborhood Services Administrator, 

Susan Walker – Library and Recreation Administrator, Debra Rose – Fire Administrative 

Services Director, Mary Ann Salch – Streets and Drainage Director, Randy Roberts - Fleet 

Maintenance Director, Chris Marinari – Assistant Business Neighborhood Services Director, 

Cara Reed – Civil Engineer Designer, Daniel Hubbard - Media & Public Events Specialist, Pam 

Roberts – Multimedia System Analyst, Dawn Prior - City Clerk, Diane M. Corna, and Deputy 

City Clerk, Christine Gardner. 

INVOCATION was given by Vice-Mayor Butler. 







Tim Barker – Fire Lieutenant/EMT 


Stanley Johnson – Firefighter/EMT 


The Citizens Police Academy Alumni Association presented a check to the 

Public Education Foundation of Pinellas Park for $1,500. 

SPECIAL PRESENTATION — APPLE Graduation 

Presentation of graduates to City Council 

II. 

PC1 


OPEN HOUSE 

Trish MacFarlane 8421 62 nd Street stated the Majestic Oaks Equestrian Center is holding 

an Open House, Saturday, March 29, 2008, from 5:00 p.m. to 8:00 p.m. 

Ms. MacFarlane stated a new program is being launched for special needs children and 

this open house will kick off Pony Parties fundraisers. 

PC2 

CITY CLERK 

Ed Kosinski, 7615 62 nd Street, stated he would like to thank City Clerk Corna for her 

work during the 2008 General Election. 

Mr. Kosinski stated the Clerk’s Office was always open and available and all phone calls 

were returned immediately during the election process. 

Mr. Kosinski stated Pinellas Park should be grateful for Clerk Corna’s knowledge and 

helpfulness and he is very thankful to her. 

Mayor Mischler stated the City Clerk’s Office does a great job. 

CONGRATULATIONS 

Mayor Mischler congratulated Councilman Mullins and thanked all candidates for their 

interest in the City. 




RETIREMENT AND PROMOTIONS 

Mayor Mischler announced that Community Activities Administrator/Library Director 

Ponce has retired. 

Mayor Mischler congratulated Debra Rose who was promoted to Library and Recreation 

Administrator. 

Mayor Mischler congratulated Tim Caddell who was promoted to Government Relations 

Administrator and thanked Tim for doing a great job for the City. 

CONDOLENCES 

Mayor Mischler offered condolences to the Reece Family and Haworth Family. 


III. 


Approval of Regular Council Minutes of March 13, 2008, as on file in the City Clerk’s 

Office. 

MOTION was made by Vice-Mayor Butler, and SECONDED by Councilman Mullins 

to APPROVE the Regular Council Minutes of March 13, 2008, as on file in the City 

Clerk’s Office. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


INTRODUCTION 

City Attorney Denhardt introduced Regina Kardash, a new associate with his firm. 




IV. 


OMB 

P1 ORDINANCE NO. 3610. AMENDING ORDINANCE 3573 ADOPTING THE 



In general, the ordinance amends this year’s budget by re-appropriating funds for several 

CIP projects that carried forward from last fiscal year. Due to the recent downturn in the 

economy, this amendment reduces the budgeted amount for both State Revenue Sharing 

($93,856) and the City’s share of the ½ Cent Sales Tax distribution ($150,000) in the 

General Fund. 



Office of Management and Budget Administrator Katsiyiannis provided information on 

this item. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


MAYOR MISCHLER ANNOUNCED COUNCILMAN TAYLOR SHOULD BE 

ARRIVING AT THE MEETING SHORTLY. 





P2 



NORTH (KELLY – AX08-05) 








MOTION was made by Vice-Mayor Butler, and SECONDED by Councilwoman 

Bradbury to PASS Ordinance No. 3611. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P3 



NORTH - (Linda J. Dewey – AX08-08) 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 








REZONING A CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 

4190 78 TH AVENUE AND MORE PARTICULARLY DESCRIBED IN EXHIBIT 

"A," WHICH IS ATTACHED HERETO AND MADE A PART THEREOF; 

FROM ―R-6‖ MULTIFAMILY RESIDENTIAL/COMMERCIAL DISTRICT TO 

―R-6‖ MULTI-FAMILY RESIDENTIAL/COMMERCIAL DISTRICT AND 

ADOPTING A MASTER PLAN AND SUPPORTING DOCUMENTATION FOR 

AN "RPUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR A 21 UNIT 

SINGLE-FAMILY ATTACHED SUBDIVISION. (PUD 2008-1/CU 2008-7/BOA 

2008-19/MS 2008-24 - Kenneth Keefe/ Brian Barker P.E. Deuel and Associates) 



The applicant is requesting approval of an “RPUD” Residential Planned Unit 

Development and the adoption of a Master Plan for the development of a 21 unit singlefamily 

attached townhome subdivision for a parcel of land generally located at 4190 78 th 

Avenue, along with a request for a Conditional Use to allow a density up to and including 

15 units/acre. The applicant is also requesting variances and/or waivers to the following: 

creation of a substandard private right-of-way; sidewalks on both sides of the right-ofway; 

minimum lot frontage on a right-of-way; block length; block width; intersection 

design; right-of-way improvements to 78 th Avenue; building design standards; and 

landscape requirements. Surrounding land uses are: to the north, single family dwellings; 

to the south, Public Storage; to the east, Hamilton Bay Apartments; and to the west, Brite 

Beginners Preschool. The Planning and Zoning Commission on February 7, 2008, 

recommended Approval of the rezoning and Master Plan based on the "Responses of 

Relevant Considerations for Rezoning." The relevant considerations found that the 

rezoning is consistent with the City's Comprehensive Plan policies and would not 

adversely affect service levels subject to the following conditions: 

1. Minimum setbacks shall be as illustrated on the “RPUD” Residential 

Planned Unit Development Master Plan (Exhibit “B”) for each lot. 

(Setbacks shall be as follows: Front – 100 feet (78 th Avenue) & 30 feet 

(76 th Avenue), Side – 10 feet (east) and 50 feet (west). Mechanical 

equipment - 10 feet. 


last revised December 12, 2007, shall be accepted as governing 

regulations for the development. All regulations not addressed shall revert 

to Code in effect at the time of the “RPUD” Residential Planned Unit 

Development adoption. 







Brian Barker, P.E., Deuel and Associates, stated he is the Engineer for the project and 

agrees with the staff report and has worked with staff to create a layout covering all 

requirements. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P5 

CONSIDERATION OF A REQUEST TO ALLOW AN EXPANSION TO AN 

APPROVED CONDITIONAL USE FOR ―CHURCHES, TEMPLES, AND 

SIMILAR RELIGIOUS INSTITUTIONS‖ FOR THE DEVELOPMENT OF A 

NEW CHURCH SANCTUARY IN THE ―RE‖ RESIDENTIAL ESTATE 

DISTRICT, WITH A WAIVER TO THE REQUIREMENT THAT NO BUILDING 

SHALL BE LOCATED CLOSER THAN 50 FEET FROM ANY PROPERTY LINE 

AND A LANDSCAPE WAIVER FOR INTERIOR ISLANDS TO BE PLACED 

WITHIN ROWS OF 15 CONTIGUOUS PARKING SPACES ON A PARCEL OF 

LAND GENERALLY LOCATED AT 9661 60 TH STREET. (CU 2008-2/MS 2008-10 

Christ Gospel Church of Pinellas Park, Florida, Inc./Rev. Robert L. Jones) 


The applicant is requesting approval for an expansion to an approved Conditional Use for 

“Churches, temples, and similar religious institutions” for the development of a new 

church sanctuary in the “RE” Residential Estate District on a 3.4 acre MOL parcel of 

land generally located at 9661 60 th Street. The applicant is proposing the construction of a 

12,500 square feet church sanctuary and asphalting and expanding the driveway and 

parking lot. A landscape waiver is requested to allow interior islands to be placed at 

intervals of greater than 15 spaces. The existing parking lot does not meet this 

requirement, as well as a portion of the expanded parking lot. The proposed design of the 

parking lot will increase the interior green area and help preserve some of the mature 

trees on the site. The proposed new sanctuary is 21.7 feet from the west property line 

abutting the church parsonage in order to avoid any negative effects on the abutting 

residential uses to the south. Therefore, the applicant is requesting a waiver to the 

Conditional Use requirement to reduce the building setback from 50 to 21.7 feet from the 

west property line. The surrounding area consists of: to the north, Jehovah Witness 

Church and single family dwellings; and to the south, east and west, single family 

dwellings. Subject to any matters that may be discussed at the hearing, staff has not 



March 6, 2008, the Planning and Zoning Commission recommended APPROVAL of the 

above request subject to one condition. 



Randall Marks stated he is the Architect and provided history on the church’s 

development, the progress of the property, work done with the neighbors and changes 

made to the proposed development. 




Sara Lewis, 5950 98 th Avenue, stated her property is directly north of this property and is 

concerned with car lights shining onto her home. 

Mr. Marx stated he is working with another neighbor to provide a dense hedge to keep 

the lighting from effecting the property and he would more than happy to work with Ms. 

Lewis also. 

Mr. Marx stated the landscaping plan is still being developed and he would be happy to 

plant a boundary to shield the parking lot from Ms. Lewis’ property and will show her the 

landscape plan before it is submitted to the City. 

Ms. Lewis stated that would be fantastic. 


MOTION was made by Vice-Mayor Butler , and SECONDED by Councilman Mullins 

to APPROVE an expansion to an approved Conditional Use for “Churches, temples, and 

similar religious institutions” for the development of a new church sanctuary in the “RE” 

Residential Estate District with a waiver to the Conditional Use requirement that no 

building shall be located closer than 50 feet from any property line and a landscape 

waiver for interior islands to be placed within rows greater than 15 contiguous parking 

spaces on a parcel of land generally located at 9661 60 th Street, based on the staff report 

and the criteria found in Section 18-1509.4(B) & (C) subject to the following condition: 

1. All conditions of previous approval shall remain in full force and effect. 

Councilwoman Bradbury thanked the applicant for working with the neighbors and 

configuring the parking lot to save the large oak trees on the property. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P6 

CONSIDERATION OF AN EXPANSION TO AN EXISTING CONDITIONAL 

USE FOR AN ―AUTOMOTIVE DEALER-USED CARS‖ AND ―AUTOMOTIVE 

REPAIR FACILITY (MAJOR)‖ IN THE ―CH‖ HEAVY COMMERCIAL 

DISTRICT, TO CONSTRUCT A STORAGE BUILDING AND CONSIDERATION 

OF A REQUEST TO ADD ANOTHER CONDITIONAL USE FOR ―OUTDOOR 

SALES OF BOATS, RV’S AND MOBILE HOMES‖ WITH A WAIVER TO THE 

CONDITIONAL USE REQUIREMENT OF FOUR FEET OF OPEN SPACE 

BETWEEN BOATS, RV’S AND MOBILE HOMES AS WELL AS A VARIANCE 

TO PARKING, DRIVE AISLE WIDTH, AND A WAIVER TO INTERIOR 

GREENSPACE PERCENTAGE AND PLANTINGS FOR A PARCEL OF LAND 

GENERALLY LOCATED AT 7725 78 TH STREET. (CU 2008-18/BOA 2008-18/MS 

2008-23 Automotive Properties LLC/James Bushert) 


The applicant is requesting the consideration of an expansion to an existing Conditional 

Use for an “Automotive Dealer-used cars” and “Automotive Repair Facility (major)” in 

the “CH” Heavy Commercial District, on a 5.972 acre parcel of land generally located at 

7725 78 th Street, to construct a 7,500 square foot storage building. The applicant also 

requests consideration to add another Conditional Use for “Outdoor Sales of Boats, RV’s 

and Mobile Homes” with a waiver to the Conditional Use requirement of four feet of 

open space between boats, RV’s and mobile homes. Along with these requests are 

variances and/or waivers to the following: parking from 59 spaces to 13 spaces; two-way 

drive aisle width from 24 feet to 23 feet; interior greenspace percentage from 8% to 3.5% 

and required plantings in that greenspace. The applicant currently utilizes the parcel for a 

wholesale automotive business. Surrounding land uses are: to the north and west, Wagon 

Wheel Flea Market; to the south, J. D. Byrider Auto Sales; to the east, a single-family 

dwelling and an Assisted Living Facility. Subject to any matters that may be discussed at 

the hearing, staff has not identified any inconsistencies with the Comprehensive Plan. 

The proposal should have no adverse effect on adopted levels of service for City 

infrastructure. At its meeting on March 6, 2008, the Planning and Zoning Commission 

recommended approval of the above request with conditions. 


Vice-Mayor Butler asked if this property is still under construction? 

Zoning Director Neal stated yes, it is. 

Vice-Mayor Butler asked if all the landscaping and requirements have been met? 

Director Neal stated he visited the property earlier in the day and he witnessed a 

landscaping crew on the property installing hedges and trees on 78 th Street. 

Vice-Mayor Butler asked if there was any violation of parking in the drive aisles or any 

other problems as listed in the backup? 




Director Neal stated he did not notice any violations but he has heard there were previous 

problems with vehicles parked in the right-of-way on 78 th Street and 78 th Avenue. 

Vice-Mayor Butler asked if there is an outdoor loudspeaker system currently in use on 

the property? 

Director Neal stated he did not hear that but regulations stipulate that no outdoor address 

systems are to be used and it is also a condition of the approval for this conditional use. 

James Bushert, 12875 Harborview Drive, Seminole, stated he is the applicant and there is 

no longer a loudspeaker system being used and the parking issue is being rectified with 

landscaping and signage. 

Vice-Mayor Butler asked if there is a parking agreement with Park Auto Mall? 

Mr. Bushert stated yes, he also owns Park Auto Mall and the agreement provides a 

shuttle between the two properties to alleviate traffic congestion. 

Discussion was held on the benefits of paving the adjoining street. 

Mr. Bushert stated he has worked with the neighbor to help alleviate the sight problem 

and he has installed a six foot PVC fence. 

Mayor Mischler stated Mr. Bushert has taken a junk property and beautified it. 

Robert Levesque, 7621 75 th Avenue, stated he owns four lots plotted residential on the 

north side of this property that face this property. 

Mr. Levesque stated the fence line follows the grade of the ground and from his property 

the PVC fence does not provide adequate shielding. 

Mr. Levesque asked if there is anything that can be done to help buffer the view? 

Discussion was held on the level of Mr. Levesque property and drainage. 

Vice-Mayor Butler stated he does not know what the finish grade will be on the future 

development of Mr. Levesuqe’s site. 

Mayor Mischler stated the applicant has met all the requirements for elevation on his 

property. 

Director Neal stated Mr. Bushert is interested in the use of trees to shield to a higher 

elevation. 

Discussion was held on shielding requirements. 




Mayor Mischler stated the fence has been installed and the applicant has met the 

requirements and asked if the applicant had any suggestions. 

Mr. Bushert explained the flow of the land and water in this area. Palm trees do not count 

in the City’s landscaping requirements but he has spent $40,000 on landscaping. 

Vice-Mayor Butler stated Condition #3 requires the applicant to provide payment for 

fifteen canopy trees to the tree bank. 

Director Neal stated the applicant is required to plant one tree per 200 square feet of 

interior vehicular use area and the terminal islands used in the parking area so that is 

equivalent to fifteen trees. 

Discussion was held on the landscaping plan versus the requirements. 

Vice-Mayor Butler suggested instead of payment to the tree bank for those fifteen trees, 

those funds could be used for the purpose of developing the road and those funds would 

be committed to buffering along this side of the property. 

Mr. Bushert stated if he is required to put money into a tree bank then he doesn’t care 

where the trees are planted, but he would like to know the cost. 

City Manager Gustafson stated the City doesn’t develop the cost, Mr. Bushert’s 

landscape architect develops a price for those trees. 

Mr. Bushert stated if he is required to put the funds in then he will. 

Councilman Mullins suggested lifting the fence off the ground to accommodate the dip in 

the elevation of the fence line. 

Mr. Bushert stated that could have been done but the fence is set in concrete. 

Mr. Levesque stated there is only a problem with about 200 feet of the fence line. 

Vice-Mayor Butler asked what the name is of the road that will be put in? 

Director Neal stated it will be 77 th Street. 





MOTION was made by Councilwoman Bradbury, and SECONDED by Vice-Mayor 

Butler to APPROVE an expansion to an existing Conditional Use for a “Automotive 

Dealer-used cars” and “Automotive Repair Facility (major)” in the “CH” Heavy 

Commercial District, to construct a storage building and consideration of a request to add 

another Conditional Use for “Outdoor Sales of Boats, RV’s and Mobile Homes” with a 

waiver to the Conditional Use requirement of four feet of open space between boats, 

RV’s and mobile homes as well as a variance to parking and drive aisle width, and a 

waiver to interior green space percentage and plantings on a parcel of land generally 

located at 7725 78 th Street, based on the staff report and the criteria found in Section 18- 

1509.4(B) & (C) subject to the following conditions: 

1. All previous conditions of approval shall remain in full force and affect. 

2. Any outside public address system or electronic enhanced sound systems 

are prohibited. 

3. The applicant shall be required to provide payment for 15 canopy trees 

and the waiver shall not be in effect until such monies are deposited into 

the City’s “Tree Bank” account. 

3A. The monies will serve for trees on the portion of the 200 feet of the fence 

line across from where residential homes will be built in the future. 

4. A certified copy of the recorded parking agreement for the “Outdoor 

Sales” use shall be submitted to the Zoning Division prior to issuance of a 

Business Tax Receipt. 

5. The modular building located on the property shall be removed from the 

property within 30 days of the approval of this Conditional Use. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 







 

C1 

FIRE 

AUTHORIZATION FOR PURCHASE UNDER THE NATIONAL ASSOCIATION 

OF STATE PROCUREMENT OFFICIALS (NASPO) CONTRACT SW60300 – 

Three LIFEPAK 12 Defibrillators for Fire Department 

This authorizes the purchase of three Lifepak 12 Defibrillators from Physio-Control, Inc, 

11811 Willows Road N. E., Redmond, WA 98073 as a cost of $44,607.00 to be charged 

to account 001-231-5-621-08. The amount budgeted for this purchase is $49,000 and is 

shown on page 194 of the 2007-2008 Budget Book. 

Authorization to purchase, from Physio Control, Inc., three Lifepak 12 Defibrillators at a 

cost of $44,607.00 to be charged to the appropriate account. 

 

C2 



LINDA J. DEWEY (AX08-08) — Annexation of 0.15 acres MOL located at 8958 

68 th Street North. 


owner’s single family home is located on this site in the Jan-Cory Subdivision. 

Linda J. Dewey 

City Projected City Funds City Fees 


Annual Revenue Expended Waived 



The voluntary annexation of 0.15 acres MOL of property owned by Linda J. Dewey and 

located at 8958 68 th Street North. 

C3 AUTHORIZATION FOR MAYOR TO SIGN PINELLAS COUNTY 

COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION 

Pinellas County Community Development issued its Notice of Funding Availability for 

the Community Development Block Grant (CDBG) Program on February 29, 2008. 

Applications will be accepted until Thursday, April 3. The City will seek funding to 

continue construction of sidewalks in the Community Redevelopment Area. This action 

authorizes the Mayor to sign the City’s annual application for funding through the 

Pinellas County CDBG Program. 

Authorization for the Mayor to sign the Pinellas County Community Development Block 

Grant Application. 




PUBLIC WORKS 

C4 AUTHORIZATION TO PURCHASE UNDER FLORIDA SHERIFF’S 

ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES AND FLORIDA 

FIRE CHIEF’S ASSOCIATION, CONTRACT 07-15-0827-QE065-QE510 – Two (2) 

2008 Ford Crown Victoria P71 Police Pursuit Vehicles – For Police Department 

The two (2) 2008 Ford Crown Victoria P71 Police Pursuit Vehicles are replacements for 

asset 11946 and 12207. These two (2) new vehicles will be used daily by the Police 

Department in performing routine patrol/pursuit duties throughout the City. The amount 

budgeted in account 501-212-5-661-09 for this expenditure is $75,356 and can be found 

on page 417 of the 07/08 budget book. 

Authorization to purchase under Florida Sheriff’s Association, Florida Association of 

Counties and Florida Fire Chief’s Association, Contract 07-15-0827-QE065-QE510 – 

Two (2) 2008 Ford Crown Victoria P71 Police Pursuit Vehicles for the Police 

Department from Duval Ford, Jacksonville, Florida, at a total cost of $21,138 per car for 

a total cost of $42,276 to be charged to the appropriate account. 

Ed Kosinski, 7615 62 nd Street, stated he understands the City has a no pursuit policy so 

why does so much money have to be spent for high performance pursuit police cars? 

Mayor Mischler stated these vehicles are made heavy duty in parts other than the engine 

and those parts aren’t made without the pursuit engine. 

Fleet Maintenance Director Marinari stated there are three dedicated police pursuit 

vehicles and the Ford Crown Victoria is a dedicated police vehicle for safety reasons. The 

City’s fleet is 95% Crown Victorias which serve as the best vehicles for the City’s needs. 

Director Marinari stated the Garage is very familiar with the Crown Victoria and safety 

wise, these vehicles are proven to be the best police vehicle available. 

C5 AUTHORIZATION TO PURCHASE UNDER SALEM AND BEVERLY 

MASSACHUSETTS WATER SUPPLY BOARD CONTRACT – One (1) 2008 

Commercial Slope Mower – For Drainage Division 

This 2008 Commercial Slope Mower is a replacement for asset 11401. This unit will be 

used by the Drainage Division to mow slopes at City retention ponds and along US 

Highway 19. The amount budgeted in account 501-414-5-661-09 for this expenditure is 

$51,295 and can be found on page 415 of the 07/08 budget book. 

Authorization to purchase under Salem and Beverly Massachusetts Water Supply Board 

Contract. One (1) 2008 Commercial Slope Mower for the Drainage Division from Kut 

Kwick Corporation, Brunswick, Georgia, at a total cost of $48,509 to be charged to the 

appropriate account. 






FIRE CHIEF’S ASSOCIATION, CONTRACT 07-15-0827-G43875 - One (1) 2008 

Nissan Altima – For Police Department 

This 2008 Nissan Altima is a replacement for asset 11983. This new vehicle will be used 

daily by the CIS Section of the Police Department in performing routine duties 

throughout the City. The amount budgeted in account 501-212-5-661-09 for this 

expenditure is $21,214 and can be found on page 417 of the 07/08 budget book. 


Counties and Florida Fire Chief’s Association, Contract 07-15-0827-G43875 – One 2008 

Nissan Altima for Police Department from Alan Jay Nissan, Sebring, Florida, at a total 

cost of $21,214 to be charged to the appropriate account. 



FIRE CHIEF’S ASSOCIATION, CONTRACT 07-15-0827-49313-QE510 - One (1) 

2008 Dodge Magnum – For Police Department 

This 2008 Dodge Magnum will replace asset 11241 that had been previously replaced but 

is still on the road. This new vehicle will be used daily by the Police Department in 

performing Traffic Patrol throughout the City. The amount budgeted in account 501-212- 

5-661-09 for this expenditure is $37,678 and can be found on page 417 of the 07/08 

budget book. 


Counties and Florida Fire Chief’s Association, Contract 07-15-0827-49313-QE510 – 

One 2008 Dodge Magnum for the Police Department from Beck Auto Sales Inc., Palatka, 

Florida, at a total cost of $20,471 to be charged to the appropriate account. 



FIRE CHIEF’S ASSOCIATION, CONTRACT 07-15-0827-QE065-QE510 - One (1) 

2008 Ford Escape – For Police Department 

This 2008 Ford Escape is a replacement for asset 11952. This new vehicle will be used 

daily by the CIS Section of the Police Department in performing routine duties 

throughout the City. The amount budgeted in account 501-212-5-661-09 for this 

expenditure is $21,214 and can be found on page 417 of the 07/08 budget book. 



One 2008 Ford Escape for the Police Department from Duval Ford, Jacksonville, Florida, 

at a total cost of $17,960 to be charged to the appropriate account. 





POTABLE WATER PUMP STATION NOS. 1 & 2 – TLC Diversified, Inc. 


processed and the contract closed out. The final contract amount is $1,376.00 under the 

original contract amount of $1,251,000.00. This represents a decrease in the original 

contract amount of .11%. The account to be charged is 301-481-5-779-32. 

Authorization for approval and acceptance of Change Order No. 1, Project 06/012, 

Potable Water Pump Station Nos. 1 & 2, a decrease of $1,376.00 for a total adjusted 

contract amount of $1,249,624.00 and authorization for final payment of $124,962.40 to 

TLC Diversified, Inc. to be charged to the appropriate account. 

C10 

AUTHORIZATION FOR NEGOTIATIONS — DISASTER RECOVERY AND 

DEBRIS REMOVAL CONTRACT — RFP 08/015 

The Selection Board, in accordance with Resolution 91-31, has reviewed the proposals 

submitted and recommends five contractors in the following order: 1) Ashbritt, Inc. 2) 

DRC Emergency Services, LLC 3) Asplundh Tree Expert Company 4) D & J Enterprises, 

Inc. and 5) T.F.R. Enterprises, Inc. Upon Council’s recommendation and authorization, 

the City Manager will negotiate competitively with the three most qualified contractors. 

Should he fail to reach an agreement, the City Manager will then negotiate with the 

remaining contractors in order of preference, in accordance with Section 287.055, Florida 

Statutes. 

Authorization for City Manager to negotiate with the contractors recommended by the 

Selection Board, in order of preference, as recommended for Disaster Recovery and 

Debris Removal Contract. 

C11 RESOLUTION NO. 08-08. AUTHORIZING MAYOR TO SIGN A 

MAINTENANCE AGREEMENT BETWEEN THE CITY AND STATE OF 

FLORIDA DEPARTMENT OF TRANSPORTATION 


This is an authorization for the Mayor to sign a Maintenance Agreement with Florida 

Department of Transportation (FDOT) for the City of Pinellas Park to perform routine 

maintenance work on the state highway system, all of which is with the City’s corporate 

limits with the exception of the area along Gandy Boulevard between 28 th Street and the 

gore of the ramp onto I-275. FDOT agrees to pay the City an annual sum of 

$152,976.52, an increase from last year of $43,707.40. 

VICE-MAYOR BUTLER RETURNED TO THE MEETING AT 9:02 P.M. 




MOTION was made by Councilwoman Bradbury to Pass, Approve or Adopt, whichever 

is appropriate, Items C1 thru C11 inclusive, with Item C11 being First and Final Reading, 

and SECONDED by Councilman Mullins. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


VI. 

R1 

 


HUMAN RESOURCES 

RECEIPT OF RESIGNATION FROM PINELLAS PARK FIREFIGHTERS’ 

PENSION BOARD OF TRUSTEES – Clyde Walters, Sr. 

Mr. Clyde Walters, Sr. has submitted his resignation from the Pinellas Park Firefighters’ 

Pension Board of Trustees effective immediately. Mr. Walters has served as a trustee 

since March 1998. 


Bradbury to ACCEPT with regret, the resignation of Clyde Walters, Sr. as a citizen and 

Council appointed member of the Pinellas Park Firefighters’ Pension Board of Trustees. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





R2 

APPOINTMENT TO THE PINELLAS PARK FIREFIGHTERS’ PENSION 

BOARD OF TRUSTEES – Fifth Trustee Member Appointed by City Council 

The Firefighters’ Pension Board of Trustees currently has a vacancy which must be filled 

by City Council as a result of the resignation of Clyde Walters, Sr. At a meeting held on 

March 5, 2008, the Firefighters’ Pension Board of Trustees selected Arthur Winquist as 

their fifth trustee to fill Mr. Walter’s remaining term pending official appointment by 

City Council. Mr. Winquist served on this board for many years; however, after entering 

the DROP Program, he was required to relinquish his seat as an elected member. Mr. 

Winquist wishes to continue his service by becoming appointed as the Board’s fifth 

trustee. 


to APPROVE the appointment of Arthur Winquist to the Pinellas Park Firefighters’ 

Pension Board of Trustees as its fifth member to fill the remaining term of Clyde Walters, 

Sr. due to expire October 2009. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





R3 

 


REQUEST FOR REDUCTION OR ELIMINATION OF SPECIAL HEARING 

MASTER (SM) LIEN NO. 07-99-1700 – 7003 48 th Street (Singleton) 

Dr. Ronald and Valerie Ostrander current owners of the property located at 7003 48 th 

Street, have requested a reduction or elimination of the $17,620 Special Hearing Master 

(SM) Lien No. 07-99-1700 on this property. On February 27, 2008, the Special Hearing 

Master recommended that SM Lien No. 07-99-1700 be reduced to $300 (which is the 

City’s total estimated cost in handling this case), provided the reduced amount is paid by 

March 30, 2008. 

On March 4, 2008, to show good faith, Dr. and Mrs. Ostrander paid the City’s total 

estimated cost in handling this case, $300, as recommended by the Special Hearing 

Master. 


to APPROVE the request for a reduction of SM Lien No. 07-99-1700, against Kenneth 

S. Singleton and the property located at 7003 48 th Street, to the reduced and paid amount 

of $300, which is the City’s total estimated cost in handling this case. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





R4 

REQUEST FOR REDUCTION OR ELIMINATION OF CODE ENFORCEMENT 

BOARD (CEB) LIEN NO. 04-05-02 – 9201 66 th Street (Pinellas Properties Land 

Trust) 

Lenore Jacobs (Trustee), and her representatives, Jim Moyles (property owner) and 

Robert Gregg (architect), associated with Pinellas Properties Land Trust and the property 

located at 9201 66 th Street, have requested a reduction or elimination of the $15,900 Code 

Enforcement Board (CEB) Lien No. 04-05-02 on this property. At their meeting on 

February 21, 2008, the Code Enforcement Board recommended that CEB Lien No. 04- 

05-02 be denied, due to the fact that Pinellas Properties Land Trust was aware that a 

permit was required. The Community Compliance Division’s estimated cost in handling 

this case is $1,064.05. 


to TABLE the request for reduction or elimination of CEB Lien No. 04-05-02, against 

Pinellas Properties Land Trust and the property located at 9201 66 th Street. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





R5 


MASTER (SM) LIEN NO. 03-03-0855 – 7003 48 th Street (Singleton) 

Dr. Ronald and Valerie Ostrander, current owners of the property located at 7003 48 th 

Street, have requested a reduction or elimination of the $11,835 Special Hearing Master 

(SM) Lien No. 03-03-0855 on this property. On December 17, 2007, the Special Hearing 

Master recommended that SM Lien No.03-03-0855 be eliminated. The City’s total 

estimated cost in handling this case is $308.10. 


to APPROVE the request for an elimination of SM Lien No. 03-03-0855, against 

Kenneth S. Singleton and the property located at 7003 48 th Street. 

Councilwoman Bradbury stated she would be happy to approve this motion if Vice- 

Mayor Butler amended the reduction to $308.10 to recuperate the money the taxpayers 

have spent on this issue. 

Mayor Mischler stated prior to the current owner taking over this property, it was a very 

big eye sore for a considerable amount of time and the City will gather much more in 

taxes in two years than the $300 in fees. 

Councilman Mullins stated the current owner did not own the property when the liens 

were placed. 

Councilwoman Bradbury stated that is correct. 

Vice-Mayor Butler stated he does not want to amend the motion because he agrees with 

Mayor Mischler. 

Councilwoman Bradbury stated she does not want to set a precedent because in the past 

Council always required the administrative fees to be paid to recoup taxpayer’s money. 

Mayor Mischler stated he agrees with that but each case needs to be addressed on its own 

individual merits. 

Dr. Ronald Ostrander, property owner, stated he has fixed up the property and he will not 

sell it because this property is the view his patients see from the front waiting room of 

his practice. 

Councilwoman Bradbury stated she isn’t saying that she doesn’t appreciate what Dr. 

Ostrander has done for the community but at the same time other people have also done 

the same and she feels Council should at least recuperate taxpayer’s money for the City’s 

expense. 




Dr. Ostrander stated in May 2000, he contacted the City about this property and was told 

the City would seek an injunction and nothing was done. If the City did step in at that 

time there would not have been the problems and amount of liens there are. 

Vice-Mayor Butler explained the City has made changes and now actively pursues action 

in court. 

Councilman Mullins stated he thinks Council should approve this reduction to try and set 

a precedent to encourage others to clean up other properties if they know they may not 

have to pay the fines. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 





R6 


MASTER (SM) LIEN NO. 03-05-0796 – 3920 78 th Avenue (Destination Keys LLC) 

David A. Bacon, Esquire, as agent for Destination Keys LLC and the property located at 

3920 78 th Avenue, has requested a reduction of the $32,560 Special Hearing Master (SM) 

Lien No. 03-05-0796 on this property. On February 27, 2008, the Special Hearing Master 

recommended that SM Lien No. 03-05-0796 be reduced to $3,000 provided the reduced 

amount is paid by March 31, 2008. The City’s estimated cost in handling this case is 

$303.68. 


to APPROVE the request for a reduction of SM Lien No. 03-05-0796, against 

Destination Keys LLC and the property located at 3920 78 th Avenue, to the reduced 

amount of $3,000, provided this reduced amount is paid by March 31, 2008, otherwise 

the lien will automatically revert back to the original amount of $32,560. 

Attorney Britney Bacon stated she is representing the applicant and provided information 

on this item. 

Attorney Bacon stated the property owner is happy with this reduction. 

Councilman Mullins clarified the Special Master is recommending a reduction to $3,000? 

Mayor Mischler stated yes, that is correct. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





R7 

 

CITY CLERK 

APPOINTMENT TO PINELLAS SUNCOAST TRANSIT AUTHORITY (PSTA) 

Due to the upcoming resignation of Councilman Butler from the Pinellas Suncoast 

Transit Authority (PSTA), the City must appoint a Council Member to serve his 

remaining term on this board, which will expire on September 30, 2010. 


to APPROVE the appointment of Councilman Jerry A. Mullins to represent the City of 

Pinellas Park on the Pinellas Suncoast Transit Authority for a term from March 28, 2008 

through September 30, 2010. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


Councilwoman Bradbury thanked Vice-Mayor Butler for dealing with a lot of tough 

issues and working hard for the citizens while serving on the PSTA. 

Vice-Mayor Butler stated he is the most senior member of the PSTA Board of Directors 

with a term of 10 years. 

Vice-Mayor Butler explained on demand service where people can apply to be 

transported upon request. 

Ed Kosinski, 7615 62nd Street, stated he has not heard about this service so maybe the 

City can promote the program more. 

Councilman Mullins stated he will work to get more information out on this program. 

Mayor Mischler stated he would like to obtain grants to have some type of intercity 

trolley system. 

Vice-Mayor Butler explained complex issues involved with public transportation. 

Councilman Mullins stated PSTA deals with numbers based on how many people are 

riding buses in areas to determine the routes that are needed. 

Discussion was held on transportation issues and ideas. 




MISCELLANEOUS 

M1 

2008 GENERAL ELECTION 

City Clerk Corna stated her office is one of the best in the City and she appreciates Chris 

Gardner, Cindy LeVan and Nichole Orr because they are so knowledgeable in all facets 

of the office. 

Mayor Mischler thanked the City Clerk’s Office for doing a wonderful job. 

Ed Kosinski, 7615 62 nd Street, thanked all of the City Clerk’s Office for being wonderful 

and helpful. 

M2 

FUNDRAISER FOR ALS 

Vice-Mayor Butler stated Saturday, April 12, 2008, there will be a walk-a-thon at 

Brighthouse Field for ALS that he will be walking in. 

Vice-Mayor Butler stated he will be donating his left over campaign funds to this event 

and requested everyone’s participation. 

M3 

ANGEL FUND 

Mayor Mischler stated he will be donating his remaining campaign contributions to the 

Angel Fund. 

Mayor Mischler reminded everyone to donate to the Angel Fund because donations are 

dwindling. 

M4 

CAR SHOW 

Councilman Mullins stated there will be a Car Show at the VA Hospital on Sunday, April 

6, 2008. 

M5 

ROCK-A-THON 

Councilman Mullins stated on Saturday, April 12, 2008, there will be a Rock-A-Thon for 

leukemia at the Cracker Barrel on Ulmerton Road. 

Cecil Bradbury, 9400 50 th Way, stated the Rock-A-Thon will be the 3 rd Annual Event for 

the Leukemia and Lymphoma Society held on Saturday, April 12, 2008, from 8:00 a.m. 

to 4:00 p.m. 




ADJOURNMENT 


Attest: 

_________________________________ 



_____________________________________ 


Mayor 

/cgg 






MINUTES 

April 10, 2008 



PRESENT: 

ABSENT: 






None 

Also present were: City Attorney, James Denhardt - City Manager, Michael Gustafson – 

Assistant Community Development Administrator, Patrick Murphy – City Attorney Associate, 

Regina Kardash - Finance Administrator, Ron Miller – Government Relations Administrator, 

Tim Caddell - Zoning Director, Dean Neal – MIS Administrator, Randy Linthicum - Public 

Works Administrator, Tom Nicholls – Police Chief, Dorene Thomas – Fire Chief, Doug Lewis – 

Office of Management and Budget Administrator, Dan Katsiyiannis – Economic Development 

Specialist, Shannon Coughlin – Utility Billing Director, James Walker - Neighborhood Services 

Administrator, Susan Walker – Personnel Director, Jane Clark - Library and Recreation Services 

Administrator, Debra Rose - Fire Administrative Services Director, Mary Ann Salch – Assistant 

Public Works Administrator/Utilities Director, Keith Sabiel - Community Planning Director, 

Robert Bray – Media & Public Events Specialist, Pam Roberts – Multimedia System Analyst, 

Dawn Prior - City Clerk, Diane M. Corna, and Deputy City Clerk, Christine Gardner. 

INVOCATION was given by Councilwoman Bradbury. 



PROCLAMATIONS 

National Telecommunicator’s Week – April 12 – 18, 2008 

National Crime Victims’ Rights Week – April 13 - 19, 2008 

National Library Week – April 13 - 19, 2008 



APRIL 10, 2008


Debra Rose, Library and Recreation Services Administrator 

SPECIAL PRESENTATION – CITIZEN’S AWARD 

Fire Chief Lewis presented four Pinellas Park Fire Department Citizens’ 

Awards to Paul Brinkman, Brian Hanna, Larry Gibson and Ray Urtnowski 

from Brinkman’s Auto Service. 

PRESENTATION – INCLUSIONARY HOUSING ORDINANCE 

Pinellas County Community Development Director, Anthony Jones, was present to 

discuss the Inclusionary Housing Ordinance. 

II. 

PC1 


INCLUSIONARY HOUSING ORDINANCE 

Tim Robinson, 3741 Mainlands Boulevard, spoke in opposition to the proposed 

inclusionary housing ordinance. 

Discussion was held on the proposed inclusionary ordinance and affordable housing. 

PC2 

STATE LAW 

Eddie Kosinski, 7615 62 nd Street, requested Council look into a law forbidding loud 

automobile speakers. 

PC3 

CITY EMPLOYEE RAISES 

Peter White, 7197 120 th Avenue, stated Pinellas Park employees should rethink wanting 

raises. 

PC4 

PINELLAS HOPE 

Peter White, 7197 120 th , requested Council speak to Pinellas County Board of County 

Commissioners about moving Pinellas Hope somewhere else. 




III. 


Approval of Regular Council Minutes of March 27, 2008, as on file in the City Clerk’s 

Office. 

MOTION was made by Councilman Taylor, and SECONDED by Councilwoman 

Bradbury to APPROVE the Regular Council Minutes of March 27, 2008, as on file in 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





IV. 



P1 



NORTH - (Linda J. Dewey – AX08-08) 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P2 


CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 7173 73 RD STREET 

NORTH (ROBERT A. STAPELKEMPER AX08-07) 



The Owner’s single family home is located on the property. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P3 



NORTH (TAMY V. REID AX08-09) 






Councilman Mullins stated these are very nice people and he is proud to have them as 

citizens of Pinellas Park. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P4 



NORTH (DARBY A. CUMMINGS AND KELLY A. MORRISON AX08-06) 



The Owner’s single family home is located on the property. The property is located just 

south of Park Blvd., on 73 rd Street. 





MOTION was made by Councilwoman Bradbury, and SECONDED by Councilman 

Taylor to PASS Ordinance No. 3617. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






 










 

C2 

GOVERNMENT RELATIONS 


DESIGN AND INSTALLATION OF LIGHT AND SOUND SYSTEM AT 

PERFORMING ARTS CENTER — Becker Communications, Inc., d/b/a BCI 

Integrated Solutions, Tampa, FL 

The contractor, Becker Communications, Inc., d/b/a BCI Integrated Solutions, Tampa, 

FL, has completed the design and installation of the light and sound system at the 

Performing Arts Center, contract 07/020. Final payment of $17,165.84 is recommended 

in order to close out the contract. The account to be charged will be 301-175-5-736-75. 

Authorization to make the final payment for the design and installation of the light and 

sound system at the Performing Arts Center, contract 07/020, to Becker Communications, 

Inc., d/b/a BCI Integrated Solutions, Tampa, FL in the amount of $17,165.84 to be 





C3 

PUBLIC WORKS 

ORDINANCE NO. 3620. AN ORDINANCE AMENDING CHAPTER 10, WATER, 

RECLAIMED WATER, SEWER AND OTHER UTILITIES, BY AMENDING 

SECTION 10-102 ―DEFINITIONS‖, ―SEWER FACILITIES‖ BY AMENDING 

THE DEFINITION OF SEWER SERVICE CONNECTION AND BY CREATING 

A NEW DEFINITION ―FIXTURE‖; BY AMENDING SECTION 10-106 

―UTILITY SERVICE CONNECTION CHARGES‖; AND BY AMENDING 

SECTION 10-122 ―COMPULSORY CONNECTION TO WATER AND SEWER 

SYSTEM‖. 


This ordinance amends Chapter 10 “Water, Reclaimed Water, Sewer and Other Utilities” by 

amending the definitions of “Sewer Facilities” – “Sewer Service Connection and by creating 

a new definition “Fixture”. 

 

C4 



ROBERT A. STAPELKEMPER (AX08-07) — Annexation of 0.21 acres MOL 

located at 7173 73 rd Street North 


located at 7173 73 rd Street North. The Owner’s single family home is located on this 

site. 

Robert A. Stapelkemper 

7173 73 rd St. N. 




Expended 


Waived 



The voluntary annexation of 0.21 acres MOL of property owned by Robert A. 

Stapelkemper and located at 7173 73 rd Street North. 




C5 


TAMY V. REID (AX08-09) — Annexation of 0.21 acres MOL located at 7185 73 rd 

Street North 


located at 7185 73 rd Street North. The Owner’s single family home is located on this 

site. 

Tamy V. Reid 

7185 73 rd St. N. 




Expended 


Waived 



The voluntary annexation of 0.21 acres MOL of property owned by Tamy V. Reid and 

located at 7185 73 rd Street North. 

C6 


DARBY A. CUMMINGS AND KELLY A. MORRISON (AX08-06) — Annexation 

of 0.21 acres MOL located at 7161 73 rd Street North 


located just south of Park Blvd., on 73 rd Street. The Owner’s single family home is 

located on this site. 

Darby A. Cummings 

Kelly A. Morrison 

7161 73 rd St. N. 




Expended 


Waived 



The voluntary annexation of 0.21 acres MOL of property owned by Darby A. Cummings 

and Kelly A. Morrison and located at 7161 73 rd Street North. 




C7 



IN THE LAND USE FROM INDUSTRIAL LIMITED (IL) TO RESORT 

FACILITIES HIGH (RFH) ON A CERTAIN PARCEL OF LAND GENERALLY 

LOCATED AT 12600 ROOSEVELT BOULEVARD. (LUPA 2008-2 – Pallas 

LLC./Anthony Menna Pres. and Housh Ghovaee/Northside Engineering) 


Public Hearing, April 24, 2008 (QUASI-JUDICIAL) 


Industrial Limited (IL) to Resort Facilities High (RFH), or a land use designation of 

lesser intensity as identified in the City’s adopted Comprehensive Plan for a 3.0 acre 

parcel of land generally located at 12600 Roosevelt Boulevard. The Land Use Plan Map 

Amendment is requested in order to increase potential density from 40 temporary lodging 

units per acre to 50 temporary lodging units per acre for the existing Hotel use. Subject to 

any matters that may be discussed at this hearing, staff has not identified any 


on adopted levels of service for City infrastructure. The abutting Land Use Plan Map 

categories are on all sides Industrial Limited (IL). At their meeting of March 6, 2008, the 

Planning and Zoning Commission recommended APPROVAL of the application for 

Land Use Plan Map Amendment. 




REZONING A CERTAIN PARCEL OF LAND FROM ―M-1‖ LIGHT 

INDUSTRIAL DISTRICT TO ―B-1‖ GENERAL COMMERCIAL DISTRICT FOR 

A PARCEL OF LAND GENERALLY LOCATED AT 12600 ROOSEVELT 

BOULEVARD. (Z 2008-3 – Pallas LLC./Anthony Menna Pres. and Housh 

Ghovaee/Northside Engineering) 


Public Hearing, April 24, 2008 (QUASI-JUDICIAL) 




The applicant is requesting a rezoning from “M-1” Light Industrial District to “B-1” 

General Commercial District or a zoning classification of a lesser intensity as identified 

by Chapter 18, Land Development Code, of the City of Pinellas Park for a 3.00 acre 

parcel of land generally located at 12600 Roosevelt Boulevard. The rezoning is requested 

in order to increase potential density from 40 temporary lodging units per acre to 50 

temporary lodging units per acre for the existing Hotel use. Subject to any matters that 

may be discussed at this hearing, staff has not identified any inconsistencies with the 

Comprehensive Plan. The proposal should have no adverse effect on adopted levels of 

service for City infrastructure. At their meeting of March 6, 2008, the Planning and 

Zoning Commission recommended APPROVAL of the rezoning based on the 

“Responses of Relevant Considerations for Rezoning.” The Relevant Considerations 

found that: 



The abutting Zoning Districts are: to the north and east, “EC” Employment Centers (St. 

Petersburg); and to the south and west, “M-1” Light Industrial District. 



is appropriate, Items C1 thru C8 inclusive, with Items C1, C3, C7 and C8 being First 

Reading Prior to Public Hearing and SECONDED by Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





VI. 

R1 

 



REQUEST FOR REDUCTION OR ELIMINATION OF CODE ENFORCEMENT 

BOARD (CEB) LIEN NO. 04-05-02 – 9201 66 th Street (Pinellas Properties Land 

Trust) 

Lenore Jacobs (Trustee), and her representatives, Jim Moyles (property owner) and 

Robert Gregg (architect), associated with Pinellas Properties Land Trust and the property 

located at 9201 66 th Street, have requested a reduction or elimination of the $15,900 Code 

Enforcement Board (CEB) Lien No. 04-05-02 on this property. At their meeting on 

February 21, 2008, the Code Enforcement Board recommended that CEB Lien No. 04- 

05-02 be denied, due to the fact that Pinellas Properties Land Trust was aware that a 

permit was required. The Community Compliance Division’s estimated cost in handling 

this case is $1,064.05. 


Bradbury to APPROVE the request for reduction or elimination of CEB Lien No. 04-05- 

02, against Pinellas Properties Land Trust and the property located at 9201 66 th Street to 

the reduced amount of $1,564.05 which is the City’s estimated cost in handling this case, 

provided this reduced amount is paid by April 15, 2008, otherwise the lien will 

automatically revert back to the original amount of $15,900. 

James Moyles, owner of the property, requested Council’s consideration of this situation. 

Mr. Moyles stated he purchased a modular building that he was required to move 

immediately so he placed it on this property to eventually create rental revenue. 

David McComas, 3797 Presidential Court, Palm Harbor, stated when he became involved 

in the project there were active negotiations with the school next door to create a site plan 

and trade out property to create a retail component on the front of the property and a 

school environment in the back. 

Mr. McComas stated a site plan was created and submitted to City Staff but the school 

decided they were not interested in the project anymore. 

Mr. McComas stated at that point the lengthy process for a planned unit development 

(PUD) began. 

Mayor Mischler asked if they were in agreement with the proposed motion on the floor? 




Mr. McComas stated yes they are. 

Code Enforcement Board (CEB) Chairman Kuperman stated he does not agree with the 

motion and he does not understand why this came to CEB for recommendation and then 

this motion was made. 

CEB Chairman Kuperman stated this case was a blatant disregard of all the codes and the 

owner knew the modular building should not be on the property and it just needed to be 

moved to be in compliance. 

CEB Chairman Kuperman stated the owner chose to leave the modular on the property 

with a fine of $50 per day because it was cheaper than moving it. 

CEB Chairman Kuperman stated it would be fine if Council was reducing the fine in half 

but to reduce it to administrative cost is totally wrong in this case because it was a blatant 

disregard for the code. 

Mayor Mischler stated the recommendation from the CEB was taken into consideration 

but in this case, the owner was working toward a development. 

CEB Chairman Kuperman stated even if the development went fine there would still have 

been a fine of $3,000-$5,000. 

Mayor Mischler stated Council is not trying to make a profit but they are trying to get 

code compliance. 

CEB Chairman stated Council makes it very easy to ignore the codes. 

Mr. Moyles stated he has not rented the building to a tenant and as a developer he does 

try to enhance the community. 

Patty Johnson, Code Enforcement Board Member, stated she has a real concern because 

the owner brought a modular into Pinellas Park without asking. 

Ms. Johnson stated the CEB operates with a set of rules that everyone is expected to 

follow. 

Mr. Moyles stated he had nowhere to move the modular but he does try to be a good 

citizen and bring properties into Pinellas Park and he would appreciate Council’s 

consideration. 

Mayor Mischler stated Council cannot consider what the owner has done to be a good 

citizen because this specific case is being looked at. 




Councilman Taylor stated he appreciates the work of the CEB and City Manager 

Gustafson has proposed some plans to ensure this does not happen again. 

Councilman Mullins stated when there is a recommendation from the CEB then Council 

should listen to them and he thinks they should be listened to this time. 

Joe Shelley, 6035 86 th Avenue, stated the CEB works hard and Council should back the 

work of their volunteer board. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 





R2 

 

PUBLIC WORKS 

SELECTION OF CITY COUNCIL MEMBER TO SERVE ON SELECTION 

BOARD FOR RFP 08/016 – DISASTER DEBRIS MONITORING MANAGEMENT 

AND CONSULTANT SERVICES – Streets and Drainage 

In accordance with Resolution 78-58/91-31 and Section 287.055 Florida Statutes 

(Consultant Competitive Negotiation Act), a Selection Board, consisting of not more than 

seven members (one of whom is to be a City Council Member), will be used to review 

proposals for Disaster Debris Monitoring Management & Consulting Services and to 

make a recommendation to City Council and the City Manager. Council will select the 

Council Member who will serve on the Selection Board for review and evaluation of the 

proposals received in response to the Request for Proposals (RFP) 08/016 for Disaster 

Debris Monitoring Management & Consulting Services. 

MOTION was made by Councilman Mullins, and SECONDED by Mayor Mischler to 

APPROVE selection of Vice-Mayor Butler to serve on the Selection Board for review and 

evaluation of Proposals for RFP 08/016 – Disaster Debris Monitoring Management & 

Consulting Services. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R3 RESOLUTION NO. 08-09. A RESOLUTION AMENDING RESOLUTION NO. 06- 

36 RELATING TO THE OPERATION OF THE WATER AND SEWER 

SYSTEMS; BY AMENDING SEWER CHARGES. 


This resolution will increase the sewer connection fees as discussed at the City Council 

Workshop of March 25, 2007. These fees have not been increased since 1984 and will be 

in line with what other municipalities are charging. 


to ADOPT Resolution No. 08-09. 

Cecil Bradbury, 9400 50 th Way, requested Council be sure their microphones are on 

when speaking. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R4 

 

OMB 

REAPPOINTMENT OF NANCY HODGES TO THE CITIZENS' BUDGET 

ADVISORY COMMITTEE — Nancy Hodges 

Ms. Hodges has served on the Committee since April, 1997 and has indicated that she is 

interested in continuing to serve on this Committee. 

MOTION was made by Councilman Mullins, and SECONDED by Vice-Mayor Butler 

to APPROVE reappointment of Nancy Hodges to serve as a regular member of the 

Citizens' Budget Advisory Committee with a term to expire April 2010. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R5 

 


AUTHORIZATION FOR THE MAYOR TO SIGN A CONTRACT FOR THE 

PURCHASE OF REAL PROPERTY FROM MR. THOMAS B. HARRIS – 1.15 

acres MOL located at 6151 and 6191 80 th Avenue North to be used for the expansion 

of the yard at the Public Works Service Facility 

This site is needed for the expansion of the yard at the Public Works Service Facility. 

The negotiated purchase price of $400,000 for the 1.15 acres MOL is in accord with 

Valuation Services’ general appraisal value of $400,000. Mr. Harris has agreed to hold a 

purchase money mortgage for the entire $400,000 bearing a fixed interest rate of 5% per 

annum and amortized for a period of 20 years. Quarterly payments as to principal and 

interest will be $7,938.80. The purchase will be charged to account # 301-175-5-727-51. 


Butler to APPROVE authorization for the Mayor to sign a Contract for Purchase of 1.15 

acres MOL of real property located at 6151 and 6191 80 th Avenue North for the 

expansion of the yard at the Public Works Service Facility from Mr. Thomas B. Harris in 

the amount of $400,000 to be charged to the appropriate account. Buyer to pay for 

closing costs and title insurance, subject to the closing documents being acceptable to the 

City Attorney. 

Eddie Kosinski, 7615 62 nd Street, stated this is a lot of money to pay for this land. 

Mayor Mischler stated this property abuts the City’s Public Works facility that has to be 

expanded or moved. 

City Manager Gustafson stated there is no money down on this purchase and the property 

was appraised at $400,000 by an independent appraiser. Mr. Harris has agreed to thold a 

purchase money mortgage for the entire $400,000 bearing a fixed interest rate of 5% per 

annum and amortized for a period of 20 years with quarterly payments as to principal and 

interest will be $7,938.80. 

Vice-Mayor Butler stated the City hired an outside appraiser who is a Certified MAI 

which is the best certification there is for real estate appraisals. 

Vice-Mayor Butler stated he reviewed the appraisal and without a doubt it is a straight up 

deal and the purchase of this property for the expansion of the Public Works yard will 

save millions of dollars since the facility will not have to be relocated. 

Mr. Kosinski stated it’s a good choice to get the property but the price is too high. 

Mayor Mischler stated this property is zoned M1 “Light Industrial” which is valuable and 

the terms for the purchase are unbelievably good. 




Jerry Garner, 8072 Rose Terrace, Largo, state he strongly recommends Council approve 

the purchase of this land because it is way overdue for Public Works. 

Patricia MacFarlane, 8421 62 nd Street, asked for information on the appraiser. 

Discussion was held on the appraiser and the location of the property. 

Ms. MacFarlane stated she approves of this purchase because of the operation and 

location and it will save money in the future by not relocating this facility. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


. 




R6 

 

FINANCE 

RESOLUTION NO. 08-10. RESOLUTION OF THE CITY OF PINELLAS PARK, 

PINELLAS COUNTY, FLORIDA, APPROVING A TEN PERCENT (10%) FUEL 

SURCHARGE TO ALL ACTIVE UTILITY CUSTOMERS BILLED FOR 

REFUSE COLLECTION SERVICE IN THE CITY OF PINELLAS PARK; 

PROVIDING FOR AN EFFECTIVE DATE. 


The solid waste and residential contract with Waste Management, Inc. of Florida allows 

for the contractor to petition for adjustments on the basis of extraordinary changes in its 

costs of doing business resulting from circumstances beyond its control. Waste 

Management, Inc. of Florida has experienced substantial increases for the purchase of 

diesel fuel since the contract began in 2003 and has requested a ten percent (10%) fuel 

surcharge be added to all utility accounts billed for refuse collection and residential 

recycling service. 



Peter White, 7197 120 th Avenue, asked when there could be another rate increase? 

Mayor Mischler stated Pinellas Park has a fantastic contract with Waste Management and 

pays the lowest rate in Pinellas County. 

Ed Kosinski, 7615 62 nd Street, spoke in opposition to this increase and stated he would 

like to see a cost breakdown on this increase reflecting how many trucks are running and 

how many gallons of fuel are used. 

Bill Grisham Waste Management, stated in September 2007 the average price of fuel was 

$2.78 and as of April 7, 2008, that price is $3.96 for diesel. 

Councilman Taylor requested Mr. Kosinski direct his specific questions to Mr. Grisham. 

Mayor Mischler stated there will be a public hearing at the next Regular Council 

Meeting. 

Councilwoman Bradbury requested staff provide answers at the public hearing. 

Vice-Mayor Butler stated the price of fuel has increased tremendously and is out of 

control and this increase is justified. 




Councilman Mullins stated Waste Management requested this increase five months ago 

and the City put it off until now. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





MISCELLANEOUS 

M1 

CONDOLENCES 

Councilman Taylor offered condolences to the Essex Family and the McDonald Family. 

Councilman Taylor and Councilman Mullins provided information on the Solid Rock 

Christian Church Community Outreach Program. 

M2 

ROCK-A-THON 

Councilwoman Bradbury stated there will be a Rock-A-Thon on Saturday, April 12, 

2008, from 8:00 a.m. to 4:00 p.m. at the Cracker Barrel on Ulmerton Road to benefit the 

Lymphoma Society. 

M3 

PICTURES 

Councilman Taylor presented old pictures of Mayor Mischler, Tom Shevlin and Sonny 

Kotala. 

M4 

EVENTS 

Mayor Mischler stated he attended the Changing of Command at the National Guard. 

Mayor Mischler stated he attended the Springwood I mortgage burning. 

M5 

THANK YOU 

Mayor Mischler thanked all City Employees for doing a great job. 

ADJOURNMENT 


Attest: 

___________________________________ 



_____________________________________ 


Mayor 

/cgg 






MINUTES 

April 24, 2008 



PRESENT: 

ABSENT: 






None 


Assistant City Manager/Community Development Administrator, Tom Shevlin – City Attorney 

Associate, Regina Kardash – Finance Administrator, Ron Miller – Human Resources 

Administrator, John Moore – Government Relations Administrator, Tim Caddell - Zoning 

Director, Dean Neal – MIS Administrator, Randy Linthicum - Public Works Administrator, Tom 

Nicholls – Police Chief, Dorene Thomas – Fire Chief, Doug Lewis – Office of Management and 

Budget Administrator, Dan Katsiyiannis – Neighborhood Services Administrator, Susan Walker 

– Library and Recreation Services Administrator, Debra Rose – Assistant Public Works 

Administrator/Utilities Director, Keith Sabiel – Streets/Drainage Director, Randy Roberts – 

Library Director, Karen Fortin – Utility Billing Director, James Walker – Media & Public Events 

Specialist, Pam Roberts – Multimedia System Analyst, Dawn Prior - City Clerk, Diane M. 

Corna, and Office Specialist, Nichole Orr. 







PROCLAMATION 

Municipal Clerk’s Week – May 4, 2008 - May 10, 2008 


Rick Butler – Vice Mayor 


Ed Taylor – Councilman 


Lisa Grammatica – Parks Maintenance Worker 


Dottie Carter – Senior Recreation Program Manager 

RETIREMENT 

Donald Fetzer – Senior Streets Maintenance Operator 

SPECIAL PRESENTATION – CHECK 

Detective Chris Piccone and Police Explorer Captain John Shay were present to accept a 

donation to the Pinellas Park Police Explorers from FDLE. 




II. 

PC1 


NEW LIBRARY DIRECTOR 

Mayor Mischler introduced Karen Fortin as the new Library Director. 

PC2 


Mayor Mischler stated Monday, April 28, 2008, is City Clerk Corna’s 50 th Birthday. 

PC3 

PUBLIC WORKS EMPLOYEE OF THE YEAR 

Mayor Mischler stated Bob Corna was announced as the 2008 Public Works Employee of 

the Year today. 

PC4 

CITY FEES 

Joe Shelley, 6035 86 th Avenue, spoke in opposition on the City reducing Code 

Enforcement Liens and in favor of raising City Fees. 


III. 


Approval of Regular Council Minutes of April 10, 2008 as on file in the City Clerk’s 

Office. 


to APPROVE the Regular Council Minutes of April 10, 2008, as on file in the City 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





IV. 

 














Bradbury to ADOPT Resolution No. 08-07. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P2 

PUBLIC WORKS 

ORDINANCE NO. 3620. AN ORDINANCE AMENDING CHAPTER 10, WATER, 

RECLAIMED WATER, SEWER AND OTHER UTILITIES, BY AMENDING 

SECTION 10-102 ―DEFINITIONS‖, ―SEWER FACILITIES‖ BY AMENDING 

THE DEFINITION OF SEWER SERVICE CONNECTION AND BY CREATING 

A NEW DEFINITION ―FIXTURE‖; BY AMENDING SECTION 10-106 

―UTILITY SERVICE CONNECTION CHARGES‖; AND BY AMENDING 

SECTION 10-122 ―COMPULSORY CONNECTION TO WATER AND SEWER 

SYSTEM‖. 


This ordinance amends Chapter 10 “Water, Reclaimed Water, Sewer and Other Utilities” by 

amending the definitions of “Sewer Facilities” – “Sewer Service Connection and by creating 

a new definition “Fixture”. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P3 RESOLUTION NO. 08-09. A RESOLUTION AMENDING RESOLUTION NO. 06- 

36 RELATING TO THE OPERATION OF THE WATER AND SEWER 

SYSTEMS; BY AMENDING SEWER CHARGES. 


This resolution will increase the sewer connection fees as discussed at the City Council 

Workshop of March 25, 2007. These fees have not been increased since 1984 and will be 

in line with what other municipalities are charging. 







Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


AFTER ITEM P11 COUNCIL RETURNED TO AMEND THE MOTION FOR ITEM P3. 

Attorney Denhardt stated Council discussed at the Council Workshop of Tuesday, April 

22, 2008, amending the effective date of Resolution No. 08-09 to grandfather the permits 

in process to be charged at the present rate, the motion that was made did not include the 

amendment so if Council wished to vote to reconsider the motion and then reconsider it 

with the amendment that would be appropriate. 





Bradbury to RECONSIDER the MOTION to ADOPT Resolution No. 08-09. 


Bradbury to AMEND Resolution No. 08-09 to include the following sentence at the end 

of Section Five pertaining to the effective date of the Resolution. “However, for any 

building construction plans submitted and in the active permitting process as of the 

effective date of this Resolution, that are approved, paid for and issued by no later that 

May 30, 2008, the fee for such permits shall be calculated at the old rate.” 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P4 




NORTH (ROBERT A. STAPELKEMPER AX08-07) 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P5 



NORTH (TAMY V. REID AX08-09) 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P6 



NORTH (DARBY A. CUMMINGS AND KELLY A. MORRISON AX08-06) 



The Owner’s single family home is located on the property. The property is located just 

south of Park Blvd., on 73 rd Street. 





MOTION was made by Vice-Mayor Butler, and SECONDED by Councilman Taylor to 

PASS Ordinance No. 3617. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


ITEMS P7 AND P8 WERE WITHDRAWN PRIOR TO THE COUNCIL MEETING AT 

THE REQUEST OF THE APPLICANT. 




P9 

CONSIDERATION TO A REQUEST TO ALLOW A ―COMMUNICATION 

TOWER‖ IN THE ―CH‖ HEAVY COMMERCIAL DISTRICT, WITH A 

WAIVER TO THE CONDITIONAL USE REQUIREMENT THAT LIMITS THE 

HEIGHT OF THE COMMUNICATION TOWER FOR ONE USER ON A 

PARCEL OF LAND GENERALLY LOCATED AT 7725 78 TH STREET. (CU 2008- 

11 Automotive Properties LLC/James Bushert/T-Mobile & Command 

Construction/Lauralee G. Westine, Esquire) 


The applicant is requesting to allow a “Communication Tower” on the same site as an 

approved Conditional Use for an “Automotive Dealer-used cars”, “Automotive Repair 

Facility (major)” and “Outdoor Sales of Boats, RV’s and Mobile Homes” in the “CH” 

Heavy Commercial District with a waiver to the Conditional Use requirement that limits 

the height of the communication tower for one user, on a 5.972 acre parcel of land 

generally located at 7725 78 th Street. The applicant is proposing the construction of a 

monopole tower with a flush mount antenna. In order to meet the engineering 

requirements of its network, T-Mobile requires that its antennas be located at 160 feet. 

Therefore a waiver to the Conditional Use requirement that communication towers that 

are to be designed and used for single users shall not exceed 120 feet in height with an 

additional 20 feet per user, not to exceed 160 feet. Surrounding land uses are: to the north 

and west, Wagon Wheel Flea Market; to the south, J. D. Byrider Auto Sales; to the east, a 

single-family dwelling and an Assisted Living Facility. Subject to any matters that may 

be discussed at the hearing, staff has not identified any inconsistencies with the 


service for City infrastructure. At its meeting on April 3, 2008, the Planning and Zoning 

Commission recommended approval of the above request. 

Councilwoman Bradbury asked what the City Ordinance states about the tower being 

located near residential properties, considering this property being a mixed use area? 

Zoning Director Neal stated there are no regulations requiring the tower to be a certain 

distance from residential properties but there is an order for land uses that are preferred as 

locations of towers and residential is the last. 

Councilman Mullins asked how many users the applicant would need to make the tower 

legal at the height they are requesting? 

Director Neal stated the tower is allowed to be 120 ft and an additional 20 ft per user. 

There are five companies and the tower has been engineered to carry five users. 

Councilman Mullins asked if the applicant had five users, would they have to come 

before Council? 




City Manager Gustafson stated the applicant would still have to come before Council for 

approval to place the tower there. 



Attorney Lauralee G. Weston stated she is representing the applicant and gave a 

presentation on the communication tower. 

Councilwoman Bradbury asked what happens to the rest of the tower when it breaks at 

the 45 foot breaking point? 

Ms. Weston stated the communication tower will be located as far as possible away from 

the residential properties and the top 45 feet will not fall over because it is designed to 

hinge. 

Mayor Mischler asked where the closest tower is to this property? 

Byron Elkins, Radio Frequency Engineer, T-Mobile USA, stated the closest site is on 

Starkey Road just south of Jacaranda Boulevard, which is just over a mile away from the 

proposed site. 

Mayor Mischler asked how high that tower was. 

Mr. Elkins stated that tower is 640 feet tall. 

Mayor Mischler asked what the coverage area for the existing tower is because these 

towers are going to be located very close in distance. 

Mr. Elkins stated it seems close but due to the low power nature of the two way radio 

system they are a good distance from each other. 

Mayor Mischler asked if there are no other users in a year, would the applicant be willing 

to reduce the tower to 120 feet? 

Ms. Weston stated the tower is not built in sections. 

Ms. Weston stated when building communication towers in Orange County, they allow 

24 months to find other users due to the application process. 

Mayor Mischler asked how long it takes to start construction? 

Ms. Weston stated it all depends on Southwest Florida Water Management District 

(SWFWMD) and the application process can take six months to a year. 




Discussion was held on the process of building and contracting with users for the 

communication tower. 

Ms. Weston stated the owner of the communication tower has a contract with T-Mobile 

for 160 feet, if they built the tower at 120 feet they would breach the contract. 

Mayor Mischler stated he does not want another company coming in and wanting to build 

another communication tower. 

Ms. Weston stated the City’s code would require the user to co-locate on this 

communication tower. 

Mayor Mischler asked Director Neal how much distance would another company need to 

build another tower. 

Director Neal stated there is no particular distance in the code but the code does 

encourage co-locating on towers. 

Assistant City Manager Shevlin stated the City would require another user to have a letter 

from the owner of the existing tower showing there is no space on that tower. 

Discussion was held on the conditional use of the height of the communication tower. 

Cecil Bradbury, 9400 50 th Way, stated the motion does not include the type of antenna so 

there will be no restriction to the type of antenna used. 

Mr. Bradbury stated there is another tower on 66 th Street by Park Boulevard and asked 

how tall that tower is. 

Mr. Elkins stated the tower is 130 feet. 

Mr. Bradbury stated the higher the tower the less towers will be required for their signal. 

Ms. Weston stated the area around where this tower will be built has approximately 200 

dropped calls a day. 


Mayor Mischler requested the motion include a requirement to allow a flush mounted 

(slick array) antenna for the communication tower. 





Taylor to APPROVE a request to allow a “Communication Tower” in the “CH” Heavy 

Commercial District with a waiver to the Conditional Use requirement that limits the 

height of the Communication tower for three users on a parcel of land generally located 

at 7725 78 th Street, based on the staff report and the criteria found in Section 15- 

1509.4(B) & (C) with the following conditions: 

1. Applicant must have an agreement in 24 months with two additional users. 

2. All antennas must be flush mounted (slick array). 

Ms. Weston asked if they must be in agreement with the two additional users within 24 

months or if the users must be installed? 

Councilwoman Bradbury stated they must be installed within 24 months because there 

could be a lease with the two users not installed and the tower is sitting there with only 

one user on it. 

Mayor Mischler asked what condition Orange County has with installing the additional 

users? 

Ms. Weston stated if you are approved in Orange County there is an automatic condition 

you provide one additional tenant lease within 24 months. 

Discussion was held on the length of time it takes to sign a lease with two additional 

users. 

Councilwoman Bradbury stated there is another tower on Bryan Dairy Road and Belcher 

Road. 

Ms. Weston stated T-Mobile is already on that tower. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

MOTION FAILED 





to APPROVE a request to allow a “Communication Tower” in the “CH” Heavy 

Commercial District with a waiver to the Conditional Use requirement that limits the 

height of the communication tower for one user on a parcel of land generally located at 

7725 78 th Street, based on the staff report and the criteria found in Section 18-1509.4(B) 

& (C) with the following condition: 

1. All antennas must be flush mounted (slick array). 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 





P10 

CONSIDERATION OF A REQUEST FOR AN AMENDMENT TO AN 

APPROVED PRELIMINARY SITE PLAN FOR A PARCEL OF LAND IN THE 

―M-1‖ LIGHT INDUSTRIAL ZONING DISTRICT THAT FUNCTIONALLY 

ABUTS A RESIDENTIAL ZONING DISTRICT FOR SITE IMPROVEMENTS 

FOR THE EXPANSION OF AN OUTDOOR STORAGE AREA OF AN 

INDUSTRIAL USE (WHOLESALE DISTRIBUTOR OF ROOFING MATERIAL) 

ON A PARCEL OF LAND GENERALLY LOCATED AT 6520 35 TH STREET. 

(MS 2008-33 Bradco Supply Corporation/Speath Engineering) 


The applicant is requesting an amendment to an approved Preliminary Site Plan for a 

parcel of land in the “M-1” Light Industrial Zoning District that functionally abuts a 

residential zoning district. The applicant proposes site improvements for the expansion of 

an outdoor storage area of an industrial use (wholesale distributor of roofing material) on 

a 1.96 acre MOL parcel of land generally located at 6520 35 th Street. The applicant is 

proposing a ten-feet-wide landscape buffer and a six-feet-high solid wall along the north 

property line to screen and buffer the industrial activity. Ingress/egress onto 66 th Avenue 

will be eliminated. The applicant purchased additional land to expand the facility. The 

surrounding area consists of: to the north, mobile home dwellings, commercial and 

industrial uses; and to the south, Pinellas Park Water Management District; to the east, 

Saturn of St. Petersburg; and to the west, Greater Bay Roofing and a large retention area. 



on adopted levels of service for City infrastructure. 



Matthew Speath, Speath Engineering, stated he is representing Bradco Supply 

Corporation and will answer any questions Council may have. 

Vice-Mayor Butler asked what effect this project will have on Martin’s Sheet Metal 

parking? 

Mr. Speath stated there will be no effect on that property the small expansion is in the 

back of the property. 

Director Neal stated where the outside storage will be located; there will be a six foot 

concrete block wall and a ten foot wide buffer along the north property line to buffer 

from the existing residential. 

Councilman Mullins asked if the reason why the applicant is back before Council is 

because they had not complied? 




Director Neal stated the applicant just had not established the conditional use in the 

allowed time, so they must come back before Council. 

Councilman Mullins asked if there are any citations from Code Enforcement on this 

property? 

Neighborhood Services Administrator Walker stated the applicant was at the Special 

Master Meeting and most violations will be corrected if the conditional use is approved. 

Vice-Mayor Butler asked if they had complied a year ago then would there be any 

violations? 

Administrator Walker stated the violation to the conditional use is a new violation. 

Vice-Mayor Butler asked what the applicant is doing different this time to finish the 

conditional use? 

Mr. Speath stated the site plan has been improved but the applicant had a turnover in 

management and the improvements were lost. Once the violations started, the applicant 

realized the site needed to come into compliance with the conditional use. 

Howard Roberts, Assigned Agent, Bradco, stated he understands there is a concern about 

the project not being finished but Bradco Supply Corporation will make sure the project 

will be completed as presented. 

Councilman Mullins asked if the applicant does not comply then, will there be fines? 

Administrator Walker stated yes. The applicant went before the Special Master so the 

next step would be to fine them for the violations. 

Mr. Roberts stated he has already signed the Unity of Title and submitted it to Zoning 

Division. 






to APPROVE a Preliminary Site Plan for a parcel of land in the “M-1” Light Industrial 

Zoning District that functionally abuts a residential zoning district for site improvements 

for the approved expansion of an outdoor storage area of an industrial use (wholesale 

distributor of roofing material) generally located at 6520 35 th Street, subject to the 

following conditions: 

1. A Unity of Title shall be recorded and submitted to the Zoning Division 

prior to Final Site Plan approval. 

2. There shall be no ingress/egress drive from the 66 th Avenue right-of-way 

to the parcel. 

3 Shielding of outdoor storage areas shall only be by solid wall. 

4. Landscaping for the development of the parcel shall meet Code 

requirements. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P11 

FINANCE 

RESOLUTION NO. 08-10. RESOLUTION OF THE CITY OF PINELLAS PARK, 

PINELLAS COUNTY, FLORIDA, APPROVING A TEN PERCENT (10%) FUEL 

SURCHARGE TO ALL ACTIVE UTILITY CUSTOMERS BILLED FOR 

REFUSE COLLECTION SERVICE IN THE CITY OF PINELLAS PARK; 

PROVIDING FOR AN EFFECTIVE DATE. 


The solid waste and residential contract with Waste Management, Inc. of Florida allows 

for the contractor to petition for adjustments on the basis of extraordinary changes in its 

costs of doing business resulting from circumstances beyond its control. Waste 

Management, Inc. of Florida has experienced substantial increases for the purchase of 

diesel fuel since the contract began in 2003 and has requested a ten percent (10%) fuel 

surcharge be added to all utility accounts billed for refuse collection and residential 

recycling service. 


Bill Gresham, Waste Management, gave a presentation on the proposed fuel surcharge. 







Discussion was held on the dangers of zigzagging during garbage pickup. 

Councilman Mullins asked if the City was in violation of the contract if Council does not 

approve of the fuel surcharge? 

Mr. Gresham stated the City will not be in violation of the contract if this item is not 

approved. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


AFTER ITEM P11, COUNCIL READDRESSED THE MOTION OF ITEM P3. 





 

C1 

POLICE 

AUTHORIZATION TO FUND ADVANCED POLICE TRAINING FROM 

CONFISCATED PROPERTY FUND. 

Police leadership programs are essential for police supervisors to develop and enhance 

their leadership skills while focusing on the latest, most relevant issues facing our 

community. Quality police leadership programs draw on the best contemporary business 

curricula and tailor the learning to the needs of public safety leaders. Our employees will 

focus on developing and enhancing their abilities to deal successfully with the many 

complexities facing the field of law enforcement. These programs go beyond the 

curriculum offered by traditional management programs. A great deal of emphasis is 

placed on teamwork, integrity, communication, crisis management, technology, and 

managing change. There are high expectations for interagency cooperation, problem 

solving, case analysis, critical thinking, and academic excellence. These programs 

cultivate personal and professional growth, focus on styles of leadership, and help leaders 

succeed in a dynamic, ever-changing culture. 

Chief Thomas is requesting funding through the Confiscated Property Fund. If approved, 

Sergeant Mark Berger will attend in residency the 120 th Administrative Officers Course 

at the University of Louisville’s Southern Police Institute August 11 through November 

7, 2008. The cost for this training that is inclusive of tuition, books, housing, travel, and 

per diem is $9,600. 

In November 2008, Orange County Sheriff’s Office will host the SWAT Round-Up 

International Competition. This event combines education and training seminars, and 

head-to-head competition into one major event. Twenty-six years ago, SWAT Round-Up 

International began as a means to provide a forum for the exchange of ideas among 

agencies. SWAT Round-up has now evolved into an international showcase for tactical 

teams from across the United States and Europe. Great efforts are made to ensure the 

primary focus of SWAT Round-Up International remains committed to team and 

individual training. The Training and Education Program is an extremely vital part of the 

SWAT Round-Up International experience. In the past, training topics generally include 

addressing homeland security, crowd management, and law enforcement response to 

terrorism. Numerous other applicable courses for tactical teams are also available. 

Nationally renowned instructors participate in the training and education offered during 

this six day symposium. No other venue offers an equal gathering of distinguished 

experts. This training experience brings experts together from all over the country to train 

our team members. 




C1 

This unique opportunity provides lessons learned from actual case studies or prior 

incidents, recognizes new and innovative tactics other teams have employed, encourages 

contact with other agencies as a year round resource, and motivates our team members to 

maintain peak physical fitness/condition. The competition aspect of Round-up evaluates 

performance under stress and promotes team innovation and problem solving. If 

approved, eight of our SWAT Team Members will attend the SWAT Round-up 

International Competition. The cost for this training that is inclusive of entry fee, 

ammunition, hotel accommodations, and per diem is $4,600. 

Pursuant to Florida Statute 932.704(3) (a), this is to certify that this proposed expenditure 

complies with the State – required provisions for expenditure of these funds. 

Authorization to fund advanced police training for police employees from the 

Confiscated Property Fund Balance to Confiscated Property Fund Operating Account 

104-212-5-536-02 in the amount of $14,200. 

 

C2 

PUBLIC WORKS 

AWARD OF BID 08/001 — 2007/2008 ANNUAL PAVING / RESURFACING 

PROJECT AND CHANGE ORDER NO. 1 — Tampa Pavement Constructors, Inc. 

Bids were legally advertised, and bid invitations were mailed to 354 prospective bidders. 

Six (6) bids were received with Tampa Pavement Constructors, Inc. (918 East Busch 

Blvd., Tampa, FL 33612) being the low bidder with a bid submittal of $325,444.07. The 

amount budgeted for this project is $500,000 (pg. 400 of the FY 07/08 adopted budget). 

Change Order No. 1 is recommended for approval so that the City may take advantage of 

favorable contract prices and budgeted funds. This Change Order of $158,805.61 

represents an increase in the lowest bid amount of 48.8%, bringing the total adjusted 

contract amount to $484,249.68. This project will be charged to account 301-481-5-714- 

06. 

Authorization to award Bid 08/001 and approve Change Order No. 1 for the 2007/2008 

Annual Paving / Resurfacing Project to Tampa Pavement Constructors, Inc., Tampa, FL 

33612, in the amount of $484,249.68 to be charged to the appropriate account. 




C3 


AUTHORIZATION FOR THE CITY MANAGER TO SIGN A MEMORANDUM 

OF UNDERSTANDING WITH PINELLAS CORE MANAGEMENT SERVICES 

FOR THE TEMPORARY USE OF OFFICE SPACE IN THE TECHNICAL 

SERVICES BUILDING. 

In conjunction with its various programs benefitting Pinellas County children and 

families, Pinellas Core Management Services operates the Home Instruction for Parents 

of Preschool Youngsters (HIPPY) Program, an early childhood literacy program. In 

order to carry out its function, Pinellas Core Management Services provides 

representatives at various locations within Pinellas County. 

The City wishes to host one or more Pinellas Core Management Services representatives 

whose mission will be to conduct the Home Instruction for Parents of Preschool 

Youngsters program to the benefit of residents of the City of Pinellas Park. 

The parties have reached an agreement with respect to the City hosting such 

representatives, and now wish to reduce their agreement in this regard to writing. 

Authorization for City Manager to sign a Memorandum of Understanding with Pinellas 

Core Management Services. 

C4 

AUTHORIZATION FOR MAYOR TO SIGN AMENDMENT TO SWFWMD 

COOPERATIVE FUNDING AGREEMENT NO. 05CON000001. 

The City has an existing agreement with the Southwest Florida Water Management 

District (SWFWMD) for Implementation of Best Management Practices (BMPs) for 

Improvement Area II in connection with the construction of the storm water storage pond 

and outfall structure for Phase II of the Park Boulevard Drainage Project. The current 

agreement is set to expire on June 30, 2008. This amendment extends the construction 

completion date to March 31, 2009 and the related agreement expiration date to June 30, 

2009. 

Authorization for the Mayor to sign the amendment to the SWFWMD Cooperative 

Funding Agreement No. 05CON000001. 





is appropriate, Items C1 through C4 inclusive and SECONDED by Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 



R1 

 

FINANCE 

RECEIPT OF THE 2006-2007 FINANCIAL AUDIT – Cherry, Bekaert and 

Holland, St. Petersburg 

Representatives from the City's independent auditors, Cherry, Bekaert and Holland, will 

present the 2006-2007 Auditor's Report. The Finance Administrator will present a brief 

summary of the City's fiscal year 2006-2007 Financial Statements. 

Finance Administrator Miller stated the City has been awarded the prestigious 

Government Finance Officers Association (GFOA) Award for excellence in financial 

reporting for the 20 th year in a row. 

Finance Administrator Miller presented information on this item and introduced the 

Accounting Division staff and thanked them for their hard work. 

Troy Manning, CPA and Senior Manager of Cherry, Bekaert and Holland, gave a 

presentation on the results of the Financial Statement Audit. 

Mayor Mischler stated he has never heard of independent auditors not finding anything in 

an audit. 

Ms. Manning stated the City has very good internal controls and follows policies and 

procedures. 

Councilwoman Bradbury stated she is very pleased to get this report with the financial 

situations going on in the State of Florida. 





Bradbury to APPROVE the 2006-2007 Financial Statement and Auditor's Report as 

presented by Cherry, Bekaert and Holland. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


R2 

 

LIBRARY AND RECREATION 

REAPPOINTMENT TO LIBRARY BOARD — Deborah Gray and Connie 

Marmaro 

The terms of Deborah Gray and Connie Marmaro as Library Board members will expire 

June 30, 2008. They have expressed an interest in continuing to serve on the Board for 

another three year term. Ms. Gray and Mrs. Marmaro have been members for eighteen 

and thirty-four years respectively and maintain good attendance records. The Library 

Board recommends their reappointment to terms to expire June 30, 2011. 


to APPROVE the reappointments of Deborah Gray and Connie Marmaro to the Library 

Board with terms to expire June 30, 2011. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R3 

 


RECEIPT OF RESIGNATION FROM PINELLAS PARK POLICE OFFICERS’ 

PENSION BOARD OF TRUSTEES – John P. Hofstadter 

Mr. John P. Hofstadter has submitted his resignation from the Pinellas Park Police 

Officers’ Pension Board of Trustees effective April 1, 2008. Mr. Hofstadter has served 

as a trustee from 2003 - 2008. 


to ACCEPT with regret, the resignation of John P. Hofstadter as a citizen and Council 

appointed member of the Pinellas Park Police Officers’ Pension Board of Trustees. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





MISCELLANEOUS 

M1 

KING OF THE BEACHES 

Vice-Mayor Butler stated there is a fishing tournament called King of the Beaches, which 

benefits a lot of non-profit organizations, May 1 through May 3, 2008. 

Vice-Mayor Butler stated May 1, 2008, at 6:30 p.m., the Captain’s Party and Meeting 

will held at Madeira Beach Ballfield and attendance is mandatory for all boats entered. 

M2 

CONDOLENCES 

Councilman Mullins offered condolences to the family of Marge Nash. 

Mayor Mischler offered condolences to the family of Arlene Tingler. 

M3 

VEHICLE’S ROBBED 

Councilwoman Bradbury stated the Community Spirit in the Park and People Helping 

People vehicles and trailers were broken into and had their equipment stolen. 

Councilwoman Bradbury requested anyone with information call the Police Department 

and the information will be taken anonymously. 

M4 

HOSPICE LOCK-UP 

City Manager Gustafson stated at Park Station, Friday, April 25, 2008, at 12:00 p.m. 

Councilman Mullins and himself are being locked up to raise money for Hospice and 

Police Chief Dorene Thomas will be the judge. 

M5 

SPAGHETTI DINNER 

Police Chief Dorene Thomas stated the Police Explorers Post 912 will be hosting a 

Spaghetti Dinner and Bake Sale Friday, April 25, 2008, at the Senior Center, 7625 59 th 

Street, from 5:00 p.m. to 8:00 p.m. 




ADJOURNMENT 


Attest: 

_________________________________ 



__________________________________ 


Mayor 

/nlo 






MINUTES 

May 8, 2008 



PRESENT: 

ABSENT: 






None 



Associate, Regina Kardash - Finance Administrator, Ron Miller – Personnel Director, Jane Clark 

– Library and Recreation Services Administrator, Debra Rose – Government Relations 

Administrator, Tim Caddell - Zoning Director, Dean Neal – MIS Administrator, Randy 

Linthicum - Public Works Administrator, Tom Nicholls – Police Captain, Michael Haworth – 

Fire Chief, Doug Lewis – Office of Management and Budget Administrator, Dan Katsiyiannis – 

Economic Development Specialist, Shannon Coughlin – Neighborhood Services Administrator, 

Susan Walker – Media & Public Events Specialist, Pam Roberts – Multimedia System Analyst, 

Dawn Prior - City Clerk, Diane M. Corna and Deputy City Clerk, Christine Gardner. 




PROCLAMATIONS 

Poppy Days, May 30, 2008 

National Public Works Week, May 18 - May 24, 2008 

Building Safety Week, May 5 – May 11, 2008 



MAY 8, 2008

SPECIAL PRESENTATION 

Pinellas County Sheriff Deputy Vic Griffin presented a certificate and rocking chair to 

Cecil Bradbury who was the Top Independent Fundraiser for the Rock-A-Thon to benefit 

Lymphoma that was held at Cracker Barrel on Saturday, April 11, 2008. 

Deputy Griffin presented plaques to sponsors for this event. 


Councilman Mullins presented a Key to the City plaque to the 2007 Chamber of 

Commerce Citizen of the Year, Jerry Garner 


Mayor Mischler read a letter from Mahnomen Minnesota Mayor, Joyce Ballard, thanking 

Joe Shelley for donating the bell from the USS Mahnomen that will be on display in the 

Mahnomen County Historical Museum. 

II. 


None 


III. 


Approval of Regular Council Minutes of April 24, 2008 as on file in the City Clerk’s 

Office. 


APPROVE the Regular Council Minutes of April 24, 2008, as on file in the City Clerk’s 

Office. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





IV. 

 

P1 




CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 6141 105 th 

TERRACE NORTH (JUSTICE AND WAMPLER – AX08-10) 



The Owners’ double-wide mobile home is located on this site in the Northfield Manor 

Subdivision. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P2 



TERRACE NORTH (PAVEL KHVOROSTOV AX08-11) 



The Owner plans to build a single-family home on the lot. The property is located at 6051 

105 th Terrace North, in the Northfield Manor Subdivision. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P3 



TERRACE NORTH – (WELLER - AX08-12) 



The Owners’ single family home is located on this site in the Pinebrook Estates 

Subdivision. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P4 

CONSIDERATION OF A REQUEST TO ALLOW AN EXPANSION OF AN 

APPROVED CONDITIONAL USE FOR A ―SHOPPING CENTER‖ AND A 

―RESTAURANT, DRIVE-IN/DRIVE-THRU‖, IN THE ―B-1‖ GENERAL 

COMMERCIAL ZONING DISTRICT FOR A PROPERTY GENERALLY 

LOCATED AT 8000 U.S. HIGHWAY 19. (CU 2008-12 APP of Florida, 

LLC/Interplan, LLC) 


The applicant, APP of Florida, LLC, is requesting an expansion of an existing 

Conditional Use for a “Shopping Center” with a “Restaurant, Drive-in/Drive-thru” in the 

“B-1” General Commercial Zoning District on a 6.195 acre parcel of land generally 

located at 8000 U.S. Highway 19. The applicant is proposing changes to the approved 

drive-in/drive-thru Burger King on the northeast corner of the site. The proposed changes 

consist of: expanding the proposed restaurant an additional 669 square feet, giving a total 

building square footage of 2,591 square feet; reconfiguring the drive-thru lane and 

parking lot; and relocating the dumpster. The surrounding land uses consist of: to the 

north, Bay Area Auction & Antique Mall; to the south, single family dwellings and a 

multifamily apartment building; to the east, Wal-Mart, Murphy USA Gas Station, and 

Matter Bros. Furniture Store; and to the west, Skyview Church. Subject to any matters 

that may be discussed at the hearing, staff has not identified any inconsistencies with the 


service for City infrastructure. At its meeting on April 3, 2008, the Planning and Zoning 

Commission recommended APPROVAL of the above request subject to one condition. 



Kevin Busse, Interplan LLC, stated he is the engineer of record for the Burger King 

project and provided information on changes to the site plan. 

Councilwoman Bradbury stated the site plan shows landscaping where the parking lot 

will be and asked if all of the landscaping will be relocated? 

Mr. Busse stated the landscaping will be relocated or replaced. 

Councilman Taylor asked why the additional square footage is needed? 

Mr. Busse stated the original application was filed by the developer but the prototype was 

incorrect for required square footage. Burger King is proposing 60 seats for this location 

and that requires a 2,500 square foot building. 

Councilman Taylor asked why there was a delay from the original approval until now and 

requested information on the time frame. 




Mr. Busse stated the developer’s engineer brought the original item to Council under the 

impression they would handle the engineering for the project, but he has taken over that 

process for Burger King. 

Councilman Taylor asked if this item is approved then when will the project begin? 

Mr. Busse stated within the next 60 to 90 days construction will begin if there is approval 

by all agencies. 

Councilwoman Bradbury asked if this Burger King would replace the Burger King at 

110 th Avenue and U.S. Highway 19 or will it be additional? 

Mr. Busse stated he is not sure. 



Taylor to APPROVE an expansion to an approved Conditional Use for a “Shopping 

Center” and a “Restaurant, Drive-in/Drive-thru” in the “B-1” General Commercial 

Zoning District on a parcel of land generally located at 8000 U.S. Highway 19, based on 

the staff report and the criteria found in Section 18-1509.4(B) & (C), subject to the 

following condition: 

1. All previous conditions of approval shall remain in full force and effect. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P5 

RESOLUTION NO. 08-11. A RESOLUTION VACATING AN APPROXIMATELY 

1,044 SQUARE FEET PORTION, APPROXIMATELY SIX FEET WIDE, OF AN 

EXISITNG SANITARY SEWER EASEMENT LOCATED ALONG THE 

NORTHEAST PROPERTY LINE OF A PARCEL OF LAND GENERALLY 

LOCATED AT 9021 US HIGHWAY 19 NORTH IN THE MAINLANDS VILLAGE 

SHOPPING CENTER. (V 2008-2 ALDI, LLC) 

PUBLIC HEARING, FIRST AND FINAL READING 

The applicant is requesting the vacation of an approximately 1,044 square feet portion, 

approximately six feet wide, of an existing sanitary sewer easement located along the 

northeast property line of a parcel of land generally located at 9021 US Highway 19 

North in the Mainlands Village Shopping Center. The vacation of the easement is 

necessary to construct a building addition and truck dock. The following Findings of Fact 

are pertinent to this request: 

1. The vacation is consistent with the policies of the Comprehensive Plan. 

2. The various utility agencies and City Divisions have no objection to the 

vacation. 







Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






 

C1 



GARY L. JUSTICE AND MARY E. WAMPLER (AX08-10) — Annexation of 0.14 

acres MOL located at 6141 105 th Terrace North. 


owners’ double-wide mobile home is located on this site in the Northfield Manor 

Subdivision. 

City 

Projected 

Annual 

Revenue 


Funds 

Expended 


Fees 

Waived 

Gary L. Justice and Mary E. Wampler 

6141 105 th Terrace North 



The voluntary annexation of 0.14 acres MOL of contiguous residential property owned 

by Gary L. Justice and Mary E. Wampler and located at 6141 105 th Terrace North. 

C2 


EUGENE B. WELLER AND MARY G. WELLER (AX08-12) — Annexation of 0.20 

acres MOL located at 6974 124 th Terrace North. 


owners’ single family home is located on the site in the Pinebrook Estates Subdivision. 

Eugene B. Weller and Mary G. 

Weller 





Expended 


Waived 



The voluntary annexation of 0.20 acres MOL of contiguous residential property owned 

by Eugene B. Weller and Mary G. Weller and located at 6974 124 th Terrace North. 




CITY COUNCIL 

C3 RESOLUTION NO. 08-12. A RESOLUTION OF THE MAYOR AND CITY 

COUNCIL OF THE CITY OF PINELLAS PARK, PINELLAS COUNTY, 

FLORIDA, ADOPTING THE ―FLORIDA FOREVER‖ PROGRAM. 


The Florida Forever Program, which began in 2000, is the state’s blueprint for 

conservation of our unique natural resources and is more than an environmental land 

acquisition mechanism. It includes restoration of damaged environmental systems, water 

resource development and supply, increased public access, public lands management and 

maintenance and increased protection of land by acquisition of conservation easements. 

This resolution encourages Governor Crist and the Florida Legislature to double the 

capacity of the Florida Forever Program for the next two years and to reauthorize the 

program for a ten-year period. 


is appropriate, Items C1 thru C3 inclusive with Item C3 being First and Final Reading, 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





VI. 

R1 

 



CONSIDERATION OF A REQUEST FOR A WAIVER TO ALLOW A SIX- 

FOOT-HIGH, CHAIN LINK FENCE AS A SUBSTITUTE FOR A SOLID WALL 

AS REQUIRED BY SECTION 18-1507.10 (E) ―OUTDOOR STORAGE‖ WHICH 

REQUIRES THAT ―OUTDOOR STORAGE AREAS OR AREAS OF 

INDUSTRIAL ACTIVITY SHALL BE SHIELDED FROM VIEW FROM ANY 

PUBLIC RIGHT-OF-WAY BY SOLID WALLS AT LEAST SIX FEET IN 

HEIGHT, WHICH SHALL BE PAINTED. OTHER SIDES OF THE PROPERTY 

ON WHICH THE OUTDOOR STORAGE EXISTS SHALL BE FENCED WITH A 

SIX (6) FEET HIGH FENCE.‖ ON A PARCEL OF LAND GENERALLY 

LOCATED AT 3541 62 ND AVENUE. (MS 2008-39 Mike Irvin) 


The applicant is requesting a waiver to allow a six-foot-high, chain link fence as a 

substitute for a solid wall as required by Section 18-1507.10 (E) “Outdoor Storage” 

which requires that “Outdoor storage areas or areas of industrial activity shall be shielded 

from view from any public right-of-way . . . by solid walls at least six feet in height, 

which shall be painted." for a parcel of land in the “M-1” Light Industrial Zoning District. 

The outdoor storage area will be utilized by the applicant for storage of boats and other 

items that contain fiberglass components for the applicant to repair. The site fronts on 

62 nd Avenue and 63 rd Avenue, a dead end street. The storage area will be shielded from 

62 nd Avenue and the functionally abutting residential to the south by the building and a 

six-foot-high, solid gate; however, it will be visible from 63 rd Avenue. In as much as 63 rd 

Avenue functionally dead ends approximately 400 feet to the west, passersby are very 

limited, making the waiver a reasonable request. Additionally, the site abuts industrial 

uses to the east and west and functionally abuts industrial uses to the north. The 

surrounding area consists of: to the north, various industrial uses; to the south, mobile 

homes; to the east, The Little Garage, Beat the Heat Window Tinting, & Charlie’s 

Garage; and to the west, American Icon Auto Paint & Supplies. Subject to matters that 

may be discussed by Council, Staff has not identified any inconsistencies with the 


service for City infrastructure. 


Councilwoman Bradbury asked if the chain link fence will only be in the back of the 

property? 

Zoning Director Neal stated yes, the chain link fence will only be on the 63 rd Avenue side 

of the property which dead ends where the applicant owns both of the lots and those titles 

will be unified. 




Director Neal stated the view from 62 nd Avenue to the rear of the property is fairly well 

obstructed by a building. 

Michael Irvin, 3541 62 nd Avenue, stated he is the applicant and has corrected violations 

on the property. 

Mr. Irvin stated the back of the property is very important to him for storage and 

provided information on the fencing, gate and surrounding properties. 

Councilwoman Bradbury stated when approaching a business it is more aesthetically 

pleasing to see solid fencing. 

Mr. Irving stated all of the access is from 62 nd Avenue because the back of the property is 

for storage. 

Councilwoman Bradbury stated chain link fence is safer for visibility for police patrol. 

Councilman Taylor stated the solid fencing abates noise and that is not a problem in this 

area so this will help security on the property. 


to APPROVE a waiver to allow a six-foot-high, chain link fence as a substitute for a 

solid wall as required by Section 18-1507.10 (E) “Outdoor Storage” which requires that 

“Outdoor storage areas or areas of industrial activity shall be shielded from view from 

any public right-of-way by solid walls at least six feet in height, which shall be painted." 

for a parcel of land generally located at 3541 62 nd Avenue, subject to the following 

conditions: 

1. A Unity of Title shall be recorded and submitted to the Zoning Division prior 

to Final Site Plan Approval. 

2. Any future modifications to the site shall require a preliminary site plan 

review by City Council. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Vice-Mayor Butler stated this property has been there forever and he is sorry the 

applicant had to go through a complicated process for this approval. 




R2 


WITH PAVEL KHVOROSTOV (AX08-11) — Annexation of 0.14 acres MOL 

located at 6051 105 th Terrace North 


The Owner plans to clear, grub and remove the existing structure prior to annexation of 

the property. Upon approval of the annexation, the Owner then plans to construct a 

single-family home on the lot. The property is located at 6051 105 th Terrace North, in the 

Northfield Manor Subdivision. 

Pavel Khvorostov 





Expended 


Waived 



For a period of eighteen (18) months the City shall waive all City land 

development fees, applicable for the construction of a single-family 

home on the property, estimated to be, and not to exceed, Three 

Thousand Dollars ($3,000.00). 


Taylor to APPROVE authorization for Mayor to sign an Annexation Agreement with 

Pavel Khvorostov for annexation of 0.14 acres MOL located at 6051 105 th Terrace North 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





ADD ON ITEM 

R3 

 

CITY COUNCIL 

AUTHORIZATION FOR MAYOR TO SIGN AN AGREEMENT TO RESOLVE 

THE LEALMAN SPECIAL FIRE CONTROL LAWSUIT CASE NO. 05-003587- 

C1-013 AGAINST THE CITY OF PINELLAS PARK. 

This is an action to resolve the ongoing lawsuit against the City of Pinellas Park by the 

Lealman Special Fire Control District. If both the City of Pinellas Park City Council and 

the Lealman Special Fire Control District Board/Commission approve this action, the 

annexation into the Lealman Special Fire Control District will be resolved for an 

additional 8 years with regards to the City of Pinellas Park, and the lawsuit against the 

City of Pinellas Park brought by Lealman Special Fire Control District will be resolved. 


Taylor to APPROVE authorization for the Mayor to sign an agreement to resolve the 

Lealman Fire Control Lawsuit Case No 05-003587-CI-013 against the City of Pinellas 

Park. The following conditions will be the intent of the agreement: 

1. The City of Pinellas Park agrees to continue the City Council’s policy of no 

annexations into the Lealman Special Fire Control District for an additional 8 

years. 

2. In return for this agreement, Lealman will dismiss with prejudice Case No 05- 

003587-CI-013 as against the City of Pinellas Park that has made a claim to 

reimbursement of property taxes collected by the City of Pinellas Park for the 

years prior to 2004. 

3. Each agency will pay their respective attorney fees and cost. 

4. This agreement has not concluded right or wrong by either party. 

5. This agreement will take effect upon approval by both parties. 

6. If there are any actions pertaining to the Lealman Special Fire Control District 

by Pinellas County or the State Legislature that changes the District, the area 

of response, and how the District is funded this agreement shall be 

renegotiated at the request of either party. 

7. The agreement will be approved by our City Attorney. 

Councilwoman Bradbury stated City Council, City Attorneys, City Staff and the Lealman 

Staff have worked hard for this agreement. 

Councilwoman Bradbury stated the City has never annexed any personal or business 

property without it being a voluntary. Council is trying to do what is best for the City as a 

whole because there are plenty of areas to annex. 




Councilwoman Bradbury stated she knows the Lealman area has been trying to resolve 

this and she commends them for coming to the table on this issue. 

Vice-Mayor Butler stated years ago Council promised not to annex into Lealman and 

they have kept that promise since day one. Council keeps coming back and reaching out 

and he hopes this is going to resolve this issue once and for all. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 


MISCELLANEOUS 

M1 

FOOD DRIVE 

Councilman Taylor stated Saturday, May 10, 2008, will be the National Association of 

Letter Carrier’s 16 th Annual Stamp Out Hunger Food Drive. 

Councilman Taylor requested everyone donate at least one can. 

Councilman Mullins encouraged citizens to put out cans, especially meals. 

M2 

FREEDOM LAKE PARK 

Councilman Taylor stated Monday, May 26, 2008, at 11:00 the Korean War Veterans 

Association will be hosting a Memorial Day Gathering at Freedom Lake Park and Police 

Captain Haworth will be the Master of Ceremonies. 

M3 


Councilman Taylor congratulated Traffic Technician Luis Carvalho, who earned his 

Associates Degree in Industrial Management Technology from St. Petersburg College. 

Councilman Taylor congratulated Librarian Renee Spadafora who earned her Master’s 

Degree from Florida State University. 




M4 


Councilwoman Bradbury encouraged residents to read the City information boards while 

traveling Park Boulevard to be aware of upcoming events. 

Mayor Mischler provided information on the following upcoming events: 

Friday, May 9, 2008 

Thursday, May 22, 2008 

Classical Youth Player’s present “Compose Yourself” 

Performing Arts Center, 4951 78 th Avenue at 6:00 p.m. 

Performing Arts Center Hospitality Gala 


Friday, May 30, 2008 3 rd Annual Spring Fling – The sound of Music 


Saturday, May 10, 2008 



Mother’s Day Latin Festival 

England Brother’s Bandshell, 5120 80 th Avenue 12:00 p.m. 

Shepherd’s Music Festival 

England Brother’s Bandshell, 5120 80 th Avenue 9:00 a.m. 

Movies in the Park 

England Brother’s Bandshell, 5120 80 th Avenue 7:30 p.m. 

M5 

MOTHER’S DAY 

City Council wished everyone a Happy Mother’s Day. 

ADJOURNMENT 


Attest: 

_____________________________________ 



___________________________________ 


Mayor 

/cgg 






MINUTES 

May 22, 2008 



PRESENT: 

ABSENT: 





Councilman, William E. Taylor (entered at 8:00 p.m.) 

None 



Associate, Regina Kardash - Government Relations Administrator, Tim Caddell - Police Chief, 

Dorene Thomas – Deputy Fire Chief, Steve McCarthy - Public Works Administrator, Tom 

Nicholls - Library and Recreation Services Administrator, Debra Rose - Office of Management 

and Budget Administrator, Dan Katsiyiannis - MIS Administrator, Randy Linthicum – 

Neighborhood Services Administrator, Susan Walker - Finance Administrator, Ron Miller – 

Human Resources Administrator, John Moore - Zoning Director, Dean Neal – Economic 

Development Specialist, Chuck Webber - Media & Public Events Specialist, Pam Roberts – 

Fleet Maintenance Director, Chris Marinari - City Clerk, Diane M. Corna, and Deputy City 

Clerk, Christine Gardner. . 




PROCLAMATIONS 

Poppy Days - May 24 & 25, 2008 

Code Enforcement Appreciation Week - June 2-6, 2008 

Emergency Medical Services Week – May 18-24, 2008 




II. 

PC1 


WASTE 

Randy Heine, 7451 Park Boulevard, spoke in opposition to take home vehicles, the Waste 

Management fuel surcharge, employee raises and the City Manager. 

PC2 

CODE ENFORCEMENT 

Ed Kosinski, 7615 62 nd Street, stated appreciation for the proclamation recognizing Code 

Enforcement and Community Compliance Specialists. 

PC3 

CODE ENFORCEMENT BOARD LIENS 

Joe Shelley, 6035 86 th Avenue, spoke in opposition to the reduction of Code Enforcement 

liens and Council overriding Code Enforcement Board decisions on liens. 

Discussion was held on a lien that was recently reduced by Council. 

COUNCILMAN TAYLOR ENTERED THE MEETING AT 8:00 P.M. 


III. 


Approval of Regular Council Minutes of May 8, 2008 as on file in the City Clerk’s 

Office. 


to APPROVE the Regular Council Minutes of May 8, 2008, as on file in the City Clerk’s 

Office. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





IV. 

 

P1 





TERRACE NORTH (JUSTICE AND WAMPLER – AX08-10) 



The Owners’ double-wide mobile home is located on this site in the Northfield Manor 

Subdivision. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P2 



TERRACE NORTH (PAVEL KHVOROSTOV AX08-11) 



The Owner plans to build a single-family home on the lot. The property is located at 6051 

105 th Terrace North, in the Northfield Manor Subdivision. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P3 



TERRACE NORTH – (WELLER - AX08-12) 



The Owners’ single family home is located on this site in the Pinebrook Estates 

Subdivision. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P4 

CONSIDERATION OF A CONDITIONAL USE TO ALLOW ―OUTDOOR 

SALES OF BOATS, RV’S OR MOBILE HOMES‖ WITH A WAIVER TO THE 

CONDITIONAL USE REQUIREMENT OF FOUR FEET OPEN SPACE 

BETWEEN EACH BOAT, RV OR MOBILE HOME; AS WELL AS AN 

AMENDMENT TO PREVIOUSLY APPROVED ―AUTOMOTIVE DEALER – 

NEW AND USED CARS‖ WITH A WAIVER REQUESTED TO THE PREVIOUS 

CONDITION OF APPROVAL THAT THE VEHICLE DISPLAY AREA SHALL 

BE SURFACED WITH TURF BLOCK OR OTHER PERVIOUS OR 

IMPERVIOUS MATERIAL FOR A PROPERTY GENERALLY LOCATED AT 

9402 66 TH STREET. (CU 2008-15 Kambiz and Farah Rouhani) 


The applicant is requesting consideration of a Conditional Use for “Outdoor Sales of 

Boats, RV’s or Mobile Homes” in the “B-1” General Commercial Zoning District, on a 

0.524 acre parcel of land generally located at 9402 66 th Street. A Conditional Use for an 

“Automobile Dealer-Used Cars” was approved by City Council on January 10, 2008 for 

this parcel. The parcel is currently developed with a small office building that will be 

utilized as the sales office for the new use. A paved parking/vehicular use area will be 

provided south of the existing building for customer and employee parking. The site shall 

take access via 94 th Avenue and the existing entry on 66 th Street will be closed. Displayed 

vehicles will be located north and east of said building and will be situated on unpaved 

areas. Landscaping shall be installed according to Code requirements and the applicant 

shall attempt to retain as many of the existing mature trees as possible. The applicant is 

requesting a waiver to the Conditional Use requirement of four feet open space between 

each boat, RV or mobile home, as well as a waiver to the previous condition of approval 

of the “Automobile Dealer-Used Cars” that required the vehicle display area be surfaced 

with turf block or other pervious or impervious material. The surrounding uses consist of: 

to the north, ARK Roofing; to the south, vacant commercial land; to the east, Fire Station 

No. 34; and to the west, single family dwellings. Subject to any matters that may be 

discussed at the hearing, staff has not identified any inconsistencies with the 


service for City infrastructure. At its meeting on May 1, 2008, the Planning and Zoning 

Commission recommended DENIAL of the above request, however; at that time the 

applicant was requesting multiple Conditional Uses for “Outdoor Sales of Boats, RV’s or 

Mobile Homes”, “Building material and home improvement establishments, where 

storage of materials is outdoors”, “Plant nurseries, retail”, “Taxi, limousine or automobile 

rental establishments”, “Exterminator and pest control services fleet yards” as well as an 

amendment to previously approved “Automotive Dealer – New and Used Cars”. The 

applicant has altered his original application and is now requesting only the Conditional 

Use for “Outdoor Sales of Boats, RV’s or Mobile Homes” in combination with the 

existing automotive dealer. 






Kambiz Rouhani, 9402 66 th Street, stated with today’s economy people are trading boats 

and recreational vehicles for cars so his prospective tenants are looking to be approved to 

sell all these vehicles. 

Mr. Rouhani stated he would like to be relieved from the condition to keep the palm tree, 

the requirement to pave and the required open space. 

Patricia MacFarlane, 8421 62 nd Street, stated the tree on the property is nice but she 

understands the owner’s need to remove it. 

Councilwoman Bradbury asked for information on a meeting held between a landscaper 

and City Staff to look at relocating the palm tree. 

Public Works Administrator Nicholls stated he met with a landscaper to look at 

relocating the palm tree and there was concern with weakness of the tree. 

Vice-Mayor Butler asked how many used car or recreational centers there are in Pinellas 

Park with dirt parking lots? 

Zoning Director Neal stated there may be some but he is not aware of them. 

Assistant City Manager Shevlin stated he doesn’t know a specific number but he believes 

there are very few and the last one he knows of that was approved by Council was 

approximately 18 years ago. 

Vice-Mayor Butler stated this would be a substantial deviation from what the code 

requires for used car or recreational vehicles sales. 

Director Neal stated he concurs with Vice-Mayor Butler’s statement. 

Councilman Mullins asked for an explanation of the denial by Life Safety Management 

for this item. 

Director Neal stated the case was sent to staff for internal review and the Life Safety 

Management Department’s denial was based on if vehicles are too close together, it 

makes it difficult to fight a fire and it would also allow a fire to jump from vehicle to 

vehicle. 

Mayor Mischler stated Council has waived this requirement in the past. 

Councilwoman Bradbury asked if the palm tree was removed, would the applicant need 

to make a donation to the tree bank to make up for waived landscaping requirements? 




Director Neal stated no, the tree in question is not protected or on the required list to be 

planted. 

Director Neal stated the applicant has not requested any waivers to the landscaping code 

so the intent would be to comply completely with the requirements. 

Ed Kosinski, 7615 62 nd Street, stated due to neglect the palm tree has fallen in disrepair 

and he agrees with removing it, but the turf blocks need to remain. 

Mr. Rouhani stated this property is across from the fire station, he is willing to meet all 

landscaping requirements and requested Council consider a three year delay in requiring 

paving due to the cost. 



Bradbury to DENY a Conditional Use to establish an “Outdoor Sales and a waiver to the 

requirement that four feet open space and the impervious surface request. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P5 

CONSIDERATION OF A CONDITIONAL USE TO ESTABLISH A "TAXI, 

LIMOUSINE OR AUTO RENTAL ESTABLISHMENT" IN THE "B-1" 

GENERAL COMMERCIAL ZONING DISTRICT WITH A WAIVER TO THE 

CONDITIONAL USE REQUIREMENT FOR A TEN-FEET-WIDE LANDSCAPE 

BUFFER ALONG THE ENTIRE RIGHT-OF-WAY WHICH PROVIDES THE 

PRIMARY ACCESS TO THE SITE, FOR A PROPERTY GENERALLY 

LOCATED AT 9033 66 TH STREET. (CU 2008-16 Terry and Denise Kurmay) 


The applicant is requesting the consideration of a "Taxi, limousine or auto rental 

establishment", a Conditional Use in the “B-1” General Commercial Zoning District, on a 

1.058 acre parcel of land generally located at 9033 66 th Street. The parcel is currently 

utilized for auto sales and repair, trailer sales and service and hitch installation and repair. 

The applicant would like to establish a limousine service and U-Haul rental in addition to 

the other uses. The applicant has requested a waiver to the Conditional Use requirement 

for a ten-feet-wide landscape buffer along the entire right-of-way, 66 th Street, which 

provides the primary access to the site. The applicant has stated the area is paved and 

installation of the buffer would significantly impact the vehicular use area. The general 

area surrounding the property is commercial in nature; however, east of this parcel there 

are two, single family dwellings. Buffering between this property and those dwellings 

consists of a solid six-feet-high wood fence. If the properties were zoned residentially an 

eight-feet-wide buffer containing a solid fence, hedges and trees would be required. 

Surrounding uses are: to the north, St. Pete Plumbing; to the south, Flowers Bakery; to 

the east, single family dwellings and an auto repair facility; to the west, Suburban 

Propane. Subject to any matters that may be discussed at the hearing, staff has not 


adverse effect on adopted levels of service for City infrastructure. 



Terry Kurmay, 6260 102 nd Avenue, stated he is the applicant and is taking a limousine 

company that has been in business for 28 years and moving it to Pinellas Park, along with 

his hitch company. 

Councilwoman Bradbury asked if the applicant is aware that if he is not going to meet 

landscaping requirements then he will have to put the money into the City’s Tree Bank 

for landscaping elsewhere in the City. 

Mr. Kurmay stated he has done some landscaping but trees will not work due to the mess 

on the vehicles and provided information on other improvements to the property. 




Councilwoman Bradbury stated the applicant will need to work with staff to determine 

the landscaping requirements. 

Mr. Kurmay stated that would not be a problem. 

Councilman Mullins asked if the applicant is willing to put money into the City’s Tree 

Bank if it necessary? 

Mr. Kurmay stated yes. 

Councilman Mullins asked what the difference in traffic would be for a limousine 

company versus a car lot and if the limousine company has experienced many problems 

with neighboring residents? 

Mr. Kurmay stated the neighbors are thankful for this business at this location due to the 

traffic from the former car lot. 

Patricia Johnson, 6348 102 nd Avenue, stated she owns a business just south of this 

property and the applicant has really improved the property. 



to APPROVE a Conditional Use request to establish a "Taxi, limousine or auto rental 

establishment" in the “B-1” General Commercial Zoning District with a waiver to the 

Conditional Use requirement for a ten-feet-wide landscape buffer along the entire rightof-way 

which provides the primary access to the site, based on the staff report and the 

criteria found in Section 18-1509.4(B) & (C). 

Councilman Taylor asked if there have been any code violations on this property in the 

last six months? 

Neighborhood Services Administrator Walker stated the only violation on this property 

was the applicant did not apply for this Conditional Use and when notified, the applicant 

began the process of making that correction. 

Mayor Mischler stated this business will have less impact compared to the previous car 

lot that was on the property. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






 

PUBLIC WORKS 

C1 RESOLUTION NO. 08-13. AUTHORIZATION FOR MAYOR TO SIGN A 

HIGHWAY LANDSCAPE REIMBURSEMENT AND MAINTENANCE 

MEMORANDUM OF AGREEMENT. 


This authorizes the Mayor to sign a Memorandum of Agreement with the State of Florida 

Department of Transportation for Highway Landscape Reimbursement and Maintenance. 

The State of Florida Department of Transportation is responsible for State Road 55 (US 

Highway 19) right-of-way, consisting of road improvements and grassed median areas 

located between 49 th St and 126 th Ave. Landscape improvements will be proposed for 

installation in the new bridge flyover project area on US 19 between 49th St and 126th 

Ave. Landscape improvements will commence upon substantial completion of the US 19 

flyover project and authorization by the State of Florida Department of Transportation. 

The City seeks to beautify this area by installation of landscape improvements and the 

State of Florida Department of Transportation has allocated funds for such 

improvements. The State of Florida Department of Transportation will be authorized to 

reimburse the City for eligible expenditures. The Department shall reimburse the City an 

amount not to exceed $150,000.00 for all eligible expenditures for the professional 

design, purchase, installation and establishment of plant material. This Agreement 

obligates the City of Pinellas Park to maintain these improvements. 

Authorization for Mayor to sign a Memorandum of Agreement with the State of Florida 

Department of Transportation for Highway Landscape Reimbursement and Maintenance. 

Ed Kosinski, 7615 62 nd Street, asked for information on this item. 

Public Works Administrator Nicholls stated the Florida Department of Transportation 

will give the City $150,000 toward landscaping and the City agrees to maintain the 

landscaping. 






FIRE CHIEF’S ASSOCIATION, CONTRACT 07-15-0827-QE065-QE510 - One (1) 

2009 Ford Escape – For Utility Billing Division 

This 2009 Ford Escape is a replacement for asset 9595. This new vehicle will be used 

daily by the Utility Billing Division for mail deliveries and supply pick-up throughout the 

City. The amount budgeted in account 501-144-5-661-09 for this expenditure is $17,425 

and can be found on page 416 of the 07/08 budget book. 



One (1) 2009 Ford Escape for the Utility Billing Division from Duval Ford, Jacksonville, 

Florida, at a total cost of $14,650 to be charged to the appropriate account. 



FIRE CHIEF’S ASSOCIATION, CONTRACT 07-15-0827-QE065-QE510 – Three 

(3) 2008 Ford F-250 ¾ Ton Pick-Up Trucks – For Utilities Division 

The three (3) 2008 Ford F-250 ¾ ton pick-up trucks with utility bodies are replacements 

for assets 10979, 11000 and 11245. These three (3) new trucks will be used by the 

Utilities Division in performing routine duties throughout the City. The amount budgeted 

in account 501-311-5-661-09 and 501-322-5-661-09 for this expenditure is $68,394 and 

can be found on page 415 of the 07/08 budget book. 



Three (3) 2008 Ford F-250 ¾ ton pick-up trucks with utility bodies for the Utilities 

Division from Duval Ford, Jacksonville, Florida, at a total cost of $66,795 to be charged 

to the appropriate account. 





is appropriate, Items C1 thru C3 inclusive, with Item C1 being First and Final Reading, 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





VI. 

R1 

 



APPOINTMENT TO THE LIBRARY BOARD — Teen Member 

Corey Panabaker was interviewed by the Pinellas Park Library Board at their meeting on 

May 1, 2008 and recommends she be appointed to serve as a Teen Board member for a 

one-year term. 


to APPROVE the appointment of Corey Panabaker as a Teen Board member to serve for 

a one-year term beginning June 1, 2008 and expiring on May 31, 2009. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R2 

 


AUTHORIZATION FOR THE CITY MANAGER TO SIGN A LEASE OPTION 

WITH ST. GILES MANOR II, INC., AND ST. GILES EPISCOPAL CHURCH, 

INC. FOR A PORTION OF CITY-OWNED PROPERTY 

On April 26, 2007, the City entered into a lease option with St. Giles Manor II, Inc. and 

St. Giles Episcopal Church, Inc. for land owned by the City in order to increase the 

availability of affordable housing for low and very low income elderly under HUD’s 202 

Program. The lease option is set to expire on June 30, 2008. St. Giles Manor II, Inc. and 

St. Giles Episcopal Church, Inc. are not going to be in position to execute the option by 

the June 30 th , date. It is their desire to obtain an extension to the option till December 31, 


This option would give St. Giles Manor II, Inc. and St. Giles Episcopal Church, Inc. the 

ability to enter into the lease at any time up to December 31, 2008. 


to APPROVE 1) The design of the buildings to be constructed on the property by the 

Lessees, with such design being as presented to City Council at this meeting, and with 

such design to be incorporated into the Minutes of this meeting, and 2) Authorization for 

the City Manager to sign a Lease Option with St. Giles Manor II, Inc. and St. Giles 

Episcopal Church, Inc., for the lease of the premises in accordance with the terms and 

conditions of such Option, and 3) Approve the lease Agreement as attached to the option 

in the event such Option is exercised by the Lessee. 

Randy Heine, 7451 Park Boulevard, stated he is not opposed to helping the elderly but he 

is opposed to church and government relations. 

Father John Hartnett stated he is the Rector of St. Giles Episcopal Church and the Vice- 

President of St. Giles Manor I Corporation. 

Sandra Wasson, 8381 56 th Way, stated she is a member of St. Giles Church and Secretary 

for the Board of Directors of the St. Giles Manor Corporation. 

Father Hartnett stated he is please to have the opportunity to build St. Giles Manor II in 

Pinellas Park and St. Giles I is also located in Pinellas Park. 

Father Hartnett stated St. Giles Church does not own St. Giles Manor I and St. Giles II 

will be owned by St. Giles Manor II Corporation so the St. Giles Church does not own 

either manor and gain nothing from them. 

Ms. Wasson stated both St. Giles Manor Corporations are non-profit and the church does 

not make any money on either and the Board of Directors are not paid because they are 

volunteers. 




Patricia MacFarlane, 8421 62 nd Street, stated she thinks faith based missions reaching out 

the community is a good thing and the government partnering with them is also a good 

thing. This development is great for people who need a place to stay and will take away 

the vulnerability of people to crime. 

Patricia Johnson, 6348 102 nd Avenue, stated HUD seeks out non-profit charitable 

organizations to run this type of program and it is intended to assist the elderly and 

handicapped. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





MISCELLANEOUS 

M1 

MEMORIAL DAY SERVICE 

Councilman Taylor and Mayor Mischler provided information on the Memorial Day 

Service to be held at the Korean War Veterans monument at Freedom Lake Park, 

Monday, May 26, 2008, at 11:00 a.m. 

M2 

WELCOME TO THE COMMUNITY 

Vice-Mayor Butler welcomed new homeowners to Pinellas Park. 

M3 

PERFORMING ARTS CENTER CONTRIBUTION 

Library and Recreation Services Administrator Rose stated the Radisson donated a baby 

grand piano to the Performing Arts Center. 

M4 

MOVIE IN THE PARK 

Deputy Fire Chief McCarthy stated there will be a Movie in the Park, Saturday, May 31, 

2008, at 7:30 p.m. at the England Brothers Bandshell. 

M5 

KIWANIS FISHING DERBY 

Office of Management and Budget Administrator Katsiyiannis stated the Kiwanis Club 

will be holding a children’s fishing derby on Saturday, June 7, 2008 at Freedom Lake 

Park beginning at 8:30 a.m. 

ADJOURNMENT 


Attest: 

__________________________________ 



_____________________________________ 


Mayor 

/cgg 






MINUTES 

June 12, 2008 



PRESENT: 

ABSENT: 



Vice-Mayor, Rick Butler (entered the meeting at 8:35 P.M.) 



None 




Dorene Thomas – Police Lieutenant, Paul Andrews - Deputy Fire Chief, Ray Hansen - Public 

Works Administrator, Tom Nicholls - Library and Recreation Services Administrator, Debra 

Rose - Office of Management and Budget Administrator, Dan Katsiyiannis - MIS Administrator, 

Randy Linthicum – Neighborhood Services Administrator, Susan Walker - Finance 

Administrator, Ron Miller – Human Resources Administrator, John Moore - Zoning Director, 

Dean Neal – Senior CADD Technician, Daniel Heaton – Civil Engineer Designer, Daniel 

Hubbard – Building Development Division Inspection Supervisor, Ken Lubecki - Media & 

Public Events Specialist, Pam Roberts – City Clerk, Diane M. Corna, and Deputy City Clerk, 

Christine Gardner. 





Police Officer James Gatti and Police Chief Thomas presented the following winners: 

Elizabeth Gaskins – Pinellas Park Elementary 

Hope Beaudry - Pinellas Park High School 

Robert Mattull – Pinellas Park High School 


REGULAR CITY COUNCIL MEETING 

JUNE 12, 2008

SPECIAL PRESENTATION - CHECK 

Pinellas Park Gateway Chamber of Commerce Chairman Housh Ghovaee, presented a 

check to the City for the Performing Arts Center for the purchase of a stage curtain. 

The monies raised were from a raffle at the Gala Event the Chamber held on May 22, 

2008, of which includes a personal $500 donation from Chamber Member Dale Gross. 

SPECIAL PRESENTATION – PIANO DONATION 

Pinellas Park Gateway Chamber of Commerce Chairman Housh Ghovaee and Director of 

Operations, Terry Walker joined Ms. Menna (previous owner of the piano) who gave a 

history of the piano donated to the Performing Arts Center on May 22, 2008. 

CHAMBER OF COMMERCE 

Pinellas Park Gateway Chamber of Commerce Chairman Housh Ghovaee, provided 

information on Chamber Membership and recent events. 

RECOGNITION 

Mayor Mischler welcomed Boy Scouts Aaron Anderson and Kasey Lindey-Powers of 

Troop #334 who attended the meeting to earn their Communication and Merit Badges. 

II. 

PC1 


CITIZEN’S BUDGET ADVISORY COMMITTEE (CBAC) 

Randy Heine, 7451 Park Boulevard, spoke in opposition to the new members selected to 

serve on the CBAC. 

PC2 

HORSES 

Joe Shelley, 6035 86 th Avenue, provided information on horse waste and stated concern 

with bringing too many horses into the City. 





III. 


Approval of Regular Council Minutes of May 22, 2008, as on file in the City Clerk’s 

Office. 


Bradbury to APPROVE the Regular Council Minutes of May 22, 2008, as on file in the 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





IV. 

 

P1 



CONSIDERATION OF A REQUEST FOR A CONDITIONAL USE TO ALLOW 

AN ―AUTOMOBILE DEALER-NEW AND USED CARS‖ IN THE ―B-1‖ 

GENERAL COMMERCIAL ZONING DISTRICT WITH A WAIVER TO 

SECTION 18-1507.16 ―MEASUREMENT OF YARD SETBACKS ON LOTS 

ADJACENT TO RIGHTS-OF-WAY OF INSUFFICIENT WIDTH‖ TO ALLOW 

MEASUREMENT OF THE FRONT YARD SETBACK FROM THE PROPERTY 

LINE ABUTTING 43 RD STREET AND NOT THE ULTIMATE RIGHT-OF-WAY 

LINE FOR A PROPERTY GENERALLY LOCATED NORTH OF 8400 U.S. 

HIGHWAY 19. (CU 2008-14 Sutherlin Toyota, LLC/Spring Engineering, Inc.) 


The applicant, AutoWay Toyota, is requesting consideration of a Conditional Use to 

establish an “Automobile Dealer-New and Used Cars”, in the General Commercial 

Zoning District, on a 1.797 acre parcel of land generally located north of 8400 U.S. 

Highway 19. The applicant is proposing an expansion of their dealership across U.S. 

Highway 19 onto two vacant commercial lots. This site is currently being utilized for the 

temporary storage of vehicles for AutoWay Toyota during site construction at the 

dealership. The applicant is requesting a waiver to Section 18-1507.16 “Measurement of 

Yard Setbacks on Lots Adjacent to Rights-of-Way of Insufficient Width” to allow 

measurement of the front yard setback from the property line abutting 43 rd Street and not 

the ultimate right-of-way line. Code requires local roadways to be 60-feet-wide; 

therefore, the applicant would need to dedicate or reserve 15 feet along the west property 

line fronting 43 rd Street; however, 43 rd Street is paved for its first 300 feet north of 84 th 

Avenue then is undeveloped between this point and its termination at 86 th Avenue, which 

is developed with a drainage ditch. Currently, the City has no improvements to the rightof-way 

scheduled. The applicant is not proposing access to 43 rd Street. However, the 

vacant nonconforming commercial building and the single family dwelling west of this 

site access the paved portion of this right-of-way. The surrounding land uses consist of: 

to the north, Sunshine Village Nursing Home; to the south, vacant commercial land; to 

the east, AutoWay Toyota; and to the west, Le Club, LLC (apartment complex), a single 

family dwelling and vacant nonconforming commercial uses. Subject to any matters that 

may be discussed at the hearing, staff has not identified any inconsistencies with the 


service for City infrastructure. At its meeting on May 1, 2008, the Planning and Zoning 

Commission recommended APPROVAL of the above request subject to conditions. 


MAYOR MISCHLER ANNOUNCED VICE-MAYOR BUTLER IS ON HIS WAY TO 

THE MEETING. 





Councilman Taylor asked what type of fence will be on the west property line at 43 rd 

Street? 

Zoning Director Neal stated there will be a solid, closed fence on the 43 rd Street side and 

an open fence on the south and east sides. 

Director Neal stated the applicant will meet all the requirements of the landscaping code. 

Brad Hodgen, Southeastern Project Manager for Auto Nation and Autoway Toyota 

Representative, stated this facility will be complimentary to the existing Autoway Toyota 

that is across U.S. Highway 19. 

Mr. Hodgen stated the goal is to segregate customers interested in internet sales to this 

property. There will be a very small building with a few employees handling that portion 

of the business. 

Mayor Mischler clarified this property will be under the same ownership as the existing 

business across the street. 

Mr. Hodgen stated that is correct, both are the same ownership/dealership. 

Mayor Mischler asked how this business will function without a showroom? 

Mr. Hodgen stated this site will be a compliment to the existing facility and segregate the 

internet based sales products to this site. 

Mayor Mischler asked if there will pedestrians crossing U.S. Highway 19? 

Mr. Hodgen stated no, employees and customers will be taken by vehicle across the 

highway. 

Councilwoman Bradbury stated Council encourages citizens to remove modular facilities 

and build hurricane proof structures and she is very discouraged this will not be done on 

this site. 

Councilwoman Bradbury stated she is not in favor of the parking lot being paved and the 

possibility of it being sold for another purpose. 

Mr. Hodgen stated it is not an effort to save money but an effort to have the flexibility to 

expand in the future. 

Mr. Hodgen stated if this is a sticking point then he would be happy to build a solid 

structure. 




Mayor Mischler stated he is worried this would end up being another used car dealership 

and Council is trying to make U.S. Highway 19 look presentable. 

Mr. Hodgen stated Toyota of America is unhappy with the size of the of the existing 

property and the applicant would like to purchase additional property to meet their 

requirements. Giving up any property isn’t feasible due to the requirements of their 

franchise agreement. 

Councilman Mullins stated Council previously granted a temporary use for this property 

that he feels would be sufficient until something permanent is constructed. 

Mr. Hodgen stated this is a substantial investment that meets all the requirements and this 

will look exactly like improvements to the property across the street in terms of quality 

and presentation. 

Mr. Hodgen stated this is a big investment that will take this site from a temporary use 

into a permanent facility that is part of the dealership. 

Mayor Mischler stated there is a condition in the motion to approve a unity of title that 

would combine both parcels if this item is approved. 

Patty Johnson, 6345 102 nd Avenue, asked if internet sales allow a buyer to not pay state 

taxes if they purchase a vehicle and return to another state? 

Cecil Bradbury, 9400 50 th Way, provided history on this property and stated concern with 

the description of the fence and requested further information. 

Mr. Hodgen stated the applicant is willing to work with staff to determine if an opaque 

fence would meet acceptable standards. 

Discussion was held on fencing and bollards. 

Councilman Mullins and Councilman Taylor stated it would make sense to fence the 

property the same as the existing property across the street. 

Yancy Abuton, Spring Engineering Project Engineer, stated the six foot solid fence on 

the west side of the property has been changed to a solid white vinyl PVC fence. 

Mr. Abuton stated the applicant has not requested to put up a chain link fence other than 

around the storm water pond and only if that is required by Southwest Florida Water 

Management District (SWFWMD). 

Mayor Mischler asked if the fencing on the south side will be similar to what is on the 

west side? 




Mr. Abuton stated that is correct, it will be a six foot tall decorative open fence. 

Mr. Hodgen stated the intent of the opaque fence was to separate the back property line 

but the other sides could be bollards for security and they blend with the landscaping. 

Mayor Mischler stated this property should match the property across the street. 

Mr. Hodgen stated the properties should look exactly the same when they are finished. 

Discussion was held on vehicles purchased on the internet and moved from state to state. 

Randy Heine, 7451 Park Boulevard, stated concern with vinyl fencing because he thinks 

wood is a better local choice for the environment and the economy. 

Mr. Hodgen stated if the temporary nature of the building is an issue, then the applicant 

will make it a permanent structure. 

Discussion was held on paving and fencing alternatives for this property. 






Taylor to APPROVE a Conditional Use to establish a “Automobile Dealer-New and 

Used Cars” in the “B-1” General Commercial Zoning District with a waiver to Section 

18-1507.16 “Measurement of Yard Setbacks on Lots Adjacent to Rights-of-Way of 

Insufficient Width” to measure the front yard setback from the property line abutting 43 rd 

Street and not the ultimate right-of-way line on a parcel of land generally located north of 

8400 U.S. Highway 19, based on the staff report and the criteria found in Section 18- 

1509.4(B) & (C), subject to the following conditions: 



2. There shall be no automotive repair work performed on the site. 

3. There shall be no vehicle outdoor storage area on the site. 

4. A Unity of Title combing these parcels shall be submitted to the Zoning 

Division prior to Final Site Plan approval. 

5. Six foot solid PVC/vinyl fence on the full length of the west property line. 

6. South and East fencing or bollards shall match the property across the 

street. 

7. The building will be a permanent of the same design as the property across 

the street. 

City Attorney Denhardt requested the record reflect the applicant is agreeing to additional 

conditions 5-7. 

Mr. Hodgen stated that is correct. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


VICE-MAYOR BUTLER ENTERED THE MEETING AT 8:35 P.M. 





 

CITY CLERK 

C1 ORDINANCE NO. 3626. AN ORDINANCE AMENDING ORDINANCE NO. 3540, 

BY AMENDING THE CITY’S ADMINISTRATIVE FEE SCHEDULE; AS 

LISTED IN EXHIBIT ―A‖. 


The City has a current Administrative Fee Schedule which provides for fees for services 

rendered by the City. This Ordinance has been prepared to clarify these fees as well as to 

delete fees for services no longer provided by the City, and to add and/or increase certain 

fees for services that the City provides. 

Randy Heine, 7451 Park Boulevard, stated this not the time to raise the fees. 

 

PUBLIC WORKS 

C2 AWARD OF BID 08/013 – WASTEWATER LIFT STATION #9 

IMPROVEMENTS – Kamminga & Roodvoets, Inc. 


Eight (8) bids were received with Kamminga & Roodvoets, Inc. (5219 Cone Road, 

Tampa, FL 33610) being the low bidder with a bid submittal of $177,350.00. Funding 

for this project is identified in the FY 07/08 budget, page 405, in the amount of 

$275,000.00. This project will be charged to account 301-381-5-780-70. 

Authorization to award Bid 08/013 for the Wastewater Lift Station #9 Project to 

Kamminga & Roodvoets, Inc. Tampa, FL, in the amount of $177,350.00 to be charged 

to the appropriate account. 




C3 

AUTHORIZATION FOR FINAL PAYMENT FOR CONTRACT 08/018 – PARK 

BOULEVARD MEDIAN LANDSCAPING– Vila & Son Landscaping Corp. 


completed. The total amount of contract 08/018 is $105,333.54. The account to be 

charged is 301-781-5-734-85. The FDOT has approved the project as substantially 

complete and all punch list items have been addressed. 

Authorization for final payment for Project 08/018, Park Boulevard Median Landscaping, 

for $105,333.54 to Vila and Son, Inc. to be charged to the appropriate account. 

Cecil Bradbury, 9400 50 th Way, stated the crepe myrtle trees were removed and palm 

trees were put in on Park Boulevard and asked if the Florida Department of 

Transportation (FDOT) has changed the requirements? 

Public Works Administrator Nicholls stated FDOT required the City to remove any other 

plantings of a certain height when the palm trees were installed. 

Randy Heine, 7451 Park Boulevard, spoke in opposition to the appearance and cost of the 

trees and the workers assigned to the project. 

C4 AUTHORIZATION FOR NEGOTIATIONS — DISASTER DEBRIS 

MONITORING MANAGEMENT AND CONSULTANT SERVICES — RFP 08/016 

The Selection Board, in accordance with Resolution 91-31, has reviewed the proposals 

submitted and recommends three contractors in the following order: 1) Beck Disaster 

Recovery, Inc. 2) Solid Resources, Inc. 3) All South Consulting Engineers, LLC. Upon 

Council’s recommendation and authorization, the City Manager will negotiate 

competitively with the most qualified contractor. Should he fail to reach an agreement, 

the City Manager will then negotiate with the remaining contractors in order of 

preference, in accordance with Section 287.055, Florida Statutes. 

Authorization for City Manager to negotiate with the contractors recommended by the 

Selection Board, in order of preference, as recommended for Disaster Debris Monitoring 

Management and Consultant Services. 




C5 

 



DEVELOPMENT CODE) ARTICLE 9, ―TECHNICAL CODES‖ OF THE CITY 

OF PINELLAS PARK, FLORIDA. 


An Ordinance Amending Chapter 18 (Land Development Code) Article 9, “Technical 

Codes” of the Code of Ordinances of the City of Pinellas Park, Florida, by amending 

Section 18-905 “Schedule of Permit Fees”; and Section 18-908 “Reinspection Fee”; 

Providing for the inclusion of such amended Ordinance in the Code of Ordinances; 

Providing for Repeal of Ordinances or Parts of Ordinances in conflict herewith to the 

extent of such conflict; Providing for a finding of Consistency with the Comprehensive 

Plan; Providing for an Effective Date. (LDC 2008-03) 

C6 AUTHORIZATION FOR THE CITY MANAGER TO SIGN A NEW FIVE (5) 

YEAR PARK RESIDENT EMPLOYEE AGREEMENT — For City-owned 

property located at Broderick Park, 6710 61 st Street North 

The current two (2) year Park Resident Employee Agreement at Broderick Park will 

expire July 23rd, 2008. This new five (5) year Agreement will bring the Agreement for 

Broderick Park into conformity with the other Park Resident Employee Agreements that 

have been written or renewed in the recent past. Approval of this Agreement will retain 

the current tenant, Police Officer Randy Kerkman, of the Pinellas Park Police 

Department. 

Authorization for the City Manager to sign a new five (5) year Park Resident Employee 

Agreement for City-owned property located at Broderick Park, 6710 61 st Street North, 

with Police Officer Randy Kerkman, of the Pinellas Park Police Department. 

C7 AUTHORIZATION FOR THE CITY MANAGER TO SIGN A NEW FIVE (5) 




YEAR PARK RESIDENT EMPLOYEE AGREEMENT — For City-owned 

property located at Freedom Lake Park, 9990 46 th Street North, Pinellas Park, FL 

33782 

The current two (2) year Park Resident Employee Agreement at Freedom Lake Park will 

expire July 13, 2008. This new five (5) year Agreement will bring the Agreement for 

Freedom Lake Park into conformity with the other Park Resident Employee Agreements 

that have been written or renewed in the recent past. Approval of this Agreement will 

retain the current tenant, Mike Elder, EMS Lieutenant, of the Pinellas Park Fire 

Department. 

Authorization for the City Manager to sign a new five (5) year Park Resident Employee 

Agreement for City-owned property located at Freedom Lake Park, 9990 46 th Street 

North, with Mike Elder, EMS Lieutenant, of the Pinellas Park Fire Department. 

Randy Heine, 7451 Park Boulevard, asked if Mr. Elder will pay anything to live on this 

property? 

City Manager Gustafson stated there are no fees paid for the lease but the tenat is 

required to open, close and keep track of the park and pay his utilities. 

City Attorney Denhardt clarified the rules of procedure pertaining to time limitations. 

 










is appropriate, Items C1 thru C8 inclusive, with Items C1, C5 and C8 being First Reading 




Prior to Public Hearing, and SECONDED by Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


VI. 


NONE 

MISCELLANEOUS 




M1 

SKYVIEW POOL 

Councilwoman Bradbury stated Skyview Pool is open and there are numerous activities 

and lessons available and encouraged citizens to enjoy the pool. 

M2 

EVENTS 

Councilwoman Bradbury stated Movies in the Park will be held Saturday, June 28, 2008, 

at the England Brothers Bandshell beginning at 8:00 p.m. with Children’s Entertainment 

and 8:30 Movie. 

Councilwoman Bradbury stated citizens expressed to her the first Movies in the Park was 

very nice. 

M3 

MEETING 

Vice-Mayor Butler apologized for being late to the meeting because he was returning 

from the Florida Housing Trust Conference in Fort Lauderdale. 

M4 

CONDOLENCES 

Councilman Mullins offered condolences to the family and friends of Jonnie Cartier who 

was a friend of his. 

M5 

EQUESTRIAN COMMUNITY 

Councilman Mullins stated the Chamber of Commerce is working to stimulate the 

economy and capitalize on the equestrian community and facilities by bringing equestrian 

events into the City. 

M6 

KIWANIS CLUB FISHING DERBY 




Councilwoman Bradbury thanked all the citizens that participated in the Kiwanis Fishing 

Derby that was a wonderful success. 

Office of Management and Budget Administrator Katsiyiannis stated the event was 

fantastic and thanked all the citizens, volunteers and sponsors. 

Councilman Mullins stated everything at the annual fishing tournament is free for family 

enjoyment, including use of fishing poles, bait, sodas, hotdogs and toys. 

Discussion was held on pictures of Councilwoman Bradbury’s son enjoying the 

tournament. 

Councilman Mullins stated the Florida Fish and Game Commission provides polls and 

bait for these types tournaments to determine the content of the lakes. 

Councilwoman Bradbury thanked all the volunteers and sponsors 

M7 

FLAG DAY 

Mayor Mischler read a story called “Who Am I?” about the American flag and reminded 

citizens that Saturday, June 14, 2008, is Flag Day. 

ADJOURNMENT 


Attest: 

______________________________ 



____________________________ 


Mayor 

/cgg 






MINUTES 

June 26, 2008 



PRESENT: 

ABSENT: 






None 


Assistant City Manager/Community Development Administrator, Tom Shevlin – Government 

Relations Administrator, Tim Caddell - Police Chief, Dorene Thomas – Police Captain, Michael 

Haworth - Deputy Fire Chief, Ray Hansen - Public Works Administrator, Tom Nicholls - Library 

and Recreation Services Administrator, Debra Rose - Office of Management and Budget 

Administrator, Dan Katsiyiannis - MIS Administrator, Randy Linthicum – Neighborhood 

Services Manager, Cara Reed - Finance Administrator, Ron Miller – Grants Writer/Coordinator, 

Dennis Shaw - Human Resources Administrator, John Moore - Zoning Director, Dean Neal – 

Fire Administrative Services Director, Mary Ann Salch – Library Director, Karen Fortin - 

Building Development Division Supervisor, Steve Lee - Media & Public Events Specialist, Pam 

Roberts – City Clerk, Diane M. Corna, and Deputy City Clerk, Christine Gardner. 

INVOCATION was given by Vice-Mayor Butler. 



NONE 




II. 

PC1 


SOLARIZE 

Randy Heine, 7451 Park Boulevard, provided information on a plan he has to solarize 

Florida’s energy use and requested Pinellas Park’s support. 

STAFF MEMBERS WERE SWORN IN FOR QUASI-JUDICIAL ITEMS. 

III. 


Approval of Regular Council Minutes of June 12, 2008, as on file in the City Clerk’s 

Office. 


Bradbury to APPROVE the Regular Council Minutes of June 12, 2008, as on file in the 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





IV. 

 
















Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





CITY CLERK 

P2 ORDINANCE NO. 3626. AN ORDINANCE AMENDING ORDINANCE NO. 3540, 















Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P3 



DEVELOPMENT CODE) ARTICLE 9, ―TECHINICAL CODES‖ OF THE CITY 

OF PINELLAS PARK, FLORIDA. 


An ordinance amending chapter 18 (land development code) Article 9,“Technical Codes” 

of the Code of Ordinances of the City of Pinellas Park, Florida, by amending Section 18- 

905 “Schedule of Permit Fees”; and Section 18-908 “Reinspection Fee”; Providing for 

the inclusion of such amended Ordinance in the Code of Ordinances; Providing for 

Repeal of Ordinances or Parts of Ordinances in Conflict herewith to the extent of such 

conflict; Providing for a finding of Consistency with the Comprehensive Plan; Providing 

for an Effective Date. This was approved at the June 5, 2008 Planning & Zoning 

Commission Meeting. (LDC 2008-03) 



Building Development Division Supervisor Lee provided an overview of the proposed 

fee increases. 

Councilman Taylor asked what a red tag is and how often does it occur? 

Supervisor Lee stated a red tag is an inspection that does not pass and the inspector has 

the option to charge the fee. The City reserves the red tag to use when people are being 

deceptive or there are reoccurring problems. 

Councilman Taylor asked when a modular home inspection is performed outside of the 

City? 

Supervisor Lee stated if someone wants to move a modular home into Pinellas Park the 

inspection is done before the unit is allowed into the City. 

Councilman Taylor clarified the inspections are for existing units, not newly 

manufactured homes. 

Councilman Taylor asked if there is an inspection done on construction trailers? 

Supervisor Lee stated the inspections are only for residential units. 

Vice-Mayor Butler asked if the Life Safety Code is based upon all square footage or just 

heated/enclosed square footage? 




Deputy Fire Chief Hansen explained it is based upon the interior building coverage. 

City Manager Gustafson stated the square footage is calculated by the Building 

Department on the conditioned space. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P4 

RESOLUTION NO._08-15. A RESOLUTION VACATING PORTIONS OF 

DRAINAGE AND UTILITY EASEMENTS LOCATED ALONG THE 

NORTHEAST AND NORTHWEST PROPERTY LINES ON A PARCEL OF 

LAND GENERALLY LOCATED AT 11345 ELMHURST DRIVE. (V 2008-3 John 

Derek Kantaskas) 


The applicant is requesting the vacation of portions of drainage and utility easements 

located along the northeast and northwest property lines on a parcel of land generally 

located at 11345 Elmhurst Drive. The easements were dedicated as part of the Autumn 

Run Subdivision Plat. The vacation of the easements is necessary to construct a proposed 

pool and pool deck. The following Findings of Fact are pertinent to this request: 



vacation. 


John Derek Kantaskas, 11345 Elmhurst Drive, stated he is the owner of the property and 

it has an irregular shaped yard that requires this easement to install a pool. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P5 

RESOLUTION NO. 08-16. A RESOLUTION VACATING SANITARY SEWER 

EASEMENTS, ONE BEING 7.5 FEET WIDE BY 200 FEET LONG AND THE 

OTHER BEING 15 FEET WIDE BY 96.24 FEET LONG, ON A PARCEL OF 

LAND GENERALLY LOCATED AT 6900 US HIGHWAY 19 NORTH. (V 2008-5 

APP of Florida II, LLC/CPH Engineers, Inc.) 


The applicant is requesting the vacation of sanitary sewer easements, one being 7.5 feet 

wide by 200 feet long and the other being 15 feet wide by 96.24 feet long, on a parcel of 

land generally located at 6900 US Highway 19 North. The vacation of the easements is 

necessary to complete the construction of the Wal-Mart Neighborhood Market, a 

commercial grocery store. The following Findings of Fact are pertinent to this request: 

1. The vacations are consistent with the policies of the Comprehensive Plan. 


vacations. 





to PASS Resolution No. 08-16. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P6 

CONSIDERATION OF A REQUEST FOR A WAIVER TO ALLOW A SIX- 

FOOT-HIGH, CHAIN LINK FENCE WITH FABRIC SHEETING AS A 

SUBSTITUTE FOR A SOLID WALL AS REQUIRED BY SECTION 8-1507.10 (E) 

―OUTDOOR STORAGE‖ WHICH REQUIRES THAT ―OUTDOOR STORAGE 

AREAS OR AREAS OF INDUSTRIALACTIVITY SHALL BE SHIELDED FROM 

VIEW FROM ANY PUBLIC RIGHT-OF-WAY BY SOLID WALLS AT LEAST 

SIX FEET IN HEIGHT, WHICH SHALL BE PAINTED.‖ ON A PARCEL OF 

LAND GENERALLY LOCATED AT 11959 AUTOMOBILE BOULEVARD (46 TH 

STREET). (MS 2008-61 Keith Begin, Jr., Keith Begin, Sr., and Deborah Begin) 


The applicant is requesting a waiver to allow a six-foot-high, chain link fence with fabric 

sheeting as a substitute for a solid wall as required by Section 18-1507.10 (E) “Outdoor 

Storage” which requires that “Outdoor storage areas or areas of industrial activity shall be 

shielded from view from any public right-of-way. by solid walls at least six feet in height, 

which shall be painted." for a parcel of land in the “IH” Heavy Industrial Zoning District. 

The outdoor storage area has been and, pending the outcome of this request, will continue 

to be utilized by the applicant for storage of vehicles, as the applicant operates two 

businesses on this site, Bayside Building Services, Inc. and Bayside Sandblasting & 

Painting. The site fronts on Automobile Boulevard (46 th Street). No outdoor storage will 

be located within the front yard setback. The site abuts industrial uses to the north, south, 

and east and functionally abuts industrial uses to the west. The surrounding area consists 

of: to the north, D & S Pallets, Inc.; to the south, Struthers Trucking; to the east, various 

industrial uses; and to the west, Matt Stone Mfg., Inc. and Triangle Tree Service. Subject 

to matters that may be discussed by Council, Staff has not identified any inconsistencies 


levels of service for City infrastructure. 


ALL PARTIES WERE SWORN IN PRIOR TO THEIR TESTIMONY. 

Keith Begin, 11959 46 th Street, stated when he purchased the property the chain link 

fence already existed and he put the shielding on the fence to obscure the view due to a 

large number of thefts in this industrial area. 

Mayor Mischler asked how long Mr. Begin has been on this property? 

Mr. Begin stated he has been on this property since 1984. 

Vice-Mayor Butler stated he understands there is a lot of metal theft. 

Councilman Taylor asked what triggered this item to come before Council at this time? 




Mr. Begin stated he was not aware he needed an occupational license and when he came 

to obtain that license he was informed this waiver would be necessary. 



to APPROVE a waiver to allow a six-foot-high, chain link fence with fabric sheeting as 

a substitute for a solid wall as required by Section 18-1507.10 (E) “Outdoor Storage” 

which requires that “Outdoor storage areas or areas of industrial activity shall be shielded 

from view from any public right-of-way by solid walls at least six feet in height, which 

shall be painted." for a parcel of land generally located at 11959 Automobile Boulevard 

(46 th Street), subject to the following condition: 

1. The material used as the screen shall be maintained to remain free of tears, 

rips, holes, etc. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






C1 

 


ORDINANCE NO. 3627. AMENDING THE FUTURE LAND USE PLAN MAP 

FOR THE CITY OF PINELLAS PARK BY PROVIDING FOR A CHANGE IN 

THE LAND USE FROM RESIDENTIAL URBAN (RU) TO COMMERCIAL 

GENERAL (CG) ON A CERTAIN PARCEL OF LAND GENERALLY LOCATED 

AT 6801 PARK BOULEVARD AND MORE PARTICULARLY DESCRIBED IN 

EXHIBIT "A," WHICH IS ATTACHED HERETO AND MADE A PART 

THEREOF; CERTIFYING CONSISTENCY WITH THE CITY’S ADOPTED 

COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF ORDINANCES OR 

PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF 

SUCH CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. (LUPA 2008-3 – 

Tosca, Inc./Mike Kashtan) 


(PUBLIC HEARING July 10, 2008 (QUASI-JUDICIAL)) 

This site consists of three parcels of land. This site was developed under Pinellas County 

jurisdiction and was utilized as a used car lot when annexed into the City in 2004. These 

lots were all zoned commercial; however, two of the lots had a Land Use Plan Map 

designation of Residential Urban (RU). This Land Use Plan Map amendment will correct 

an inconsistency between the “B-1” General Commercial Zoning District, commercial 

uses of the property and the Land Use Plan Map designation. Surrounding land uses are: 

to the north, single family dwellings; to the south, Suncoast RV’s; to the east, vacant 

mobile home park; to the west, the remaining portion of this site and Everest Automotive 

Group. When the site was annexed into the City, the annexation agreement provided for 

a period of 12 months the City shall waive the $500.00 application fee for a Land Use 

Plan Map Amendment, time lapsed and the agreement became null and void, see attached 

agreement. Therefore, the applicant is requesting a waiver to the Land Use Plan Map 

Amendment application fee, a companion case (MS 2008-52) to this request. Subject to 

any matters that may be discussed at the hearing, staff has not identified any 


on adopted levels of service for City infrastructure. At their meeting of June 5, 2008, the 

Planning and Zoning Commission recommended approval of the application. 

Randy Heine, 7451 Park Boulevard, spoke in opposition to the City waiving the 

application fee. 

City Manager Gustafson stated this fee waiver was part of the annexation agreement 

when this property was brought into the City. 

Zoning Director Neal stated Pinellas County had assigned a residential land use category 

to this property. When the property was annexed the City waived the land use plan 

amendment fee to make it consistent with the existing zoning and property use. 




C2 

ORDINANCE NO. 3628. AN ORDINANCE AMENDING CHAPTER 18 AND 

DEVELOPMENT CODE), OF THE CODE OF ORDINANCES OF THE CITY OF 

PINELLAS PARK, FLORIDA, BY REPEALING SECTION 18-1505.13 ―FEES 

AND CHARGES‖, IN ITS ENTIRETY AND CREATING A NEW SECTION 18- 

1505.13 ―FEES AND CHARGES‖; PROVIDING FOR CERTIFICATION BY THE 

CITY COUNCIL THAT THIS ORDINANCE IS IN CONFORMANCE WITH THE 

CITY’S COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF 





(Public Hearing, July 10, 2008) 

Zoning fees were discussed by City Council with staff at the May 20, 2008 City Council 

Workshop Meeting. Council provided direction to staff to adopt a fee schedule consistent 

with that discussion. 

C3 

AUTHORIZATION FOR MAYOR TO SIGN A SUPPLEMENTAL AGREEMENT 

TO AN EXISTING LOCAL AGENCY PROGRAM (LAP) AGREEMENT 

BETWEEN THE CITY AND THE STATE OF FLORIDA DEPARTMENT OF 

TRANSPORTATION – FPN: 411457 2 38/58 01. 

This is an authorization for the Mayor to sign a Supplemental Agreement to the 

existing Local Agency Program (LAP) Agreement, dated November 15, 2006, with 

the Florida Department of Transportation (FDOT) for their participation in the Park 

Boulevard Drainage Improvement Project, Phase III. This LAP Supplemental 

Agreement incorporates FDOT’s commitment of $3,955,000 for the construction 

phase of the project. 

Authorization for the Mayor to sign a Supplemental Agreement to the Local Agency 

Program (LAP) Agreement – FPN: 411457 2 38/58 01. 




C4 

POLICE 

AUTHORIZATION TO PURCHASE UNDER FLORIDA State Contract071-511- 

182 — One (1) 2008 Chevy Silverado – For Police Department 

This 2008 Chevy Silverado is a replacement for assets 11007 and 14056. This new truck 

will be used daily by the Narcotics Section of the Police Department in performing 

routine duties throughout the City. The amount budgeted in account 104-212-5-661-09 

for this expenditure is $21,827 and will be charged to the Police Department forfeiture 

account. 

Authorization to purchase under Florida State Contract 071-511-182 – One 2008 Chevy 

Silverado for Police Department from Alan Jay Chevrolet, Sebring, Florida, at a total cost 

of $21,827 to be charged to the appropriate account. 

C5 

AUTHORIZATION FOR CITY MANAGER TO SIGN SCHOOL RESOURCE 

OFFICER AGREEMENT WITH THE SCHOOL BOARD OF PINELLAS 

COUNTY, FLORIDA. 

This contract revises and replaces the contract between the City and School Board of 

Pinellas County, Florida, 301 4 th Street SW, Largo, Florida, previously entered, August 7, 

2007. This one year proposed Agreement provides law enforcement and related services 

to Pinellas Park Senior High School and Morgan Fitzgerald Middle School from July 1, 

2008 until June 30, 2009. The proposed Agreement has been reviewed by the City 

Attorney’s office and Risk Management. 

Authorization for the City Manager to sign the proposed Agreement with the School 

Board of Pinellas County, Florida for School Resource Officer Services. 


is appropriate, Items C1 thru C5 inclusive, with Items C1 and C2 being First Reading 

Prior to Public Hearing and SECONDED by Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





VI. 

R1 

 



RECEIPT OF RESIGNATION FROM COMMUNITY PROJECTS ADVISORY 

BOARD — Ray Hoeneisen 

Mr. Ray Hoeneisen submitted a letter of resignation from the Community Projects 

Advisory Board effective May 30, 2008. Mr. Hoeneisen has served on the Community 

Projects Advisory Board since October 14, 2004, and his term was to expire July 31, 

2009. 


Taylor to ACCEPT with regret, the resignation of Mr. Hoeneisen from the Community 

Projects Advisory Board. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R2 REAPPOINTMENT TO THE COMMUNITY PROJECTS ADVISORY BOARD – 

Sherry Armstrong, Peggy Kunda, Deborah Schladweiler, William DeLong, Daniel 

Lemon and Robert Pergolizzi 

The terms of Sherry Armstrong, Peggy Kunda, Deborah Schladweiler, William DeLong, 

Daniel Lemon and Robert Pergolizzi will expire on July 31, 2008. Ms. Armstrong has 

been a resident member since August 1999. Ms. Kunda was a business owner member 

August 1999 – July 2001; and a resident member since July 2001. Ms. Schladweiler 

was a business owner member October 2004 – October 2006; and a resident member 

since October 2006. Mr. DeLong has been a design professional member since August 

1999. Mr. Lemon has been a design professional member since August 1999. Mr. 

Pergolizzi has been a design professional member since August 1999. They have 

expressed a desire to continue to serve on the Community Projects Advisory Board for a 

two-year term. 


to APPROVE the reappointment of Sherry Armstrong, Peggy Kunda and Deborah 

Schladweiler to serve as resident members, and William DeLong, Daniel Lemon, and 

Robert Pergolizzi to serve as design professional members of the Community Projects 

Advisory board for a two-year term to expire July 31, 2010. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R3 

 


APPOINTMENT OF TEEN LIBRARY BOARD MEMBER 

Eric Scherer was interviewed by the Pinellas Park Library Board at their meeting on June 

5, 2008 and recommends he be appointed to serve as a Teen Board member for a oneyear 

term. 


to APPROVE the appointment of Eric Scherer as a Teen Board member to serve for a 

one-year term beginning July 1, 2008 and expiring on June 30, 2009. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





MISCELLANEOUS 

M1 JULY 4, 2008 

Vice-Mayor Butler stated the Town of Kenneth City is having a Parade July 4, 2008, 

from 9:00 A.M. TO 1:00 P.M. and Councilmembers will be in the parade. 

M2 

POLICE CHIEF THOMAS 

Councilman Mullins stated Police Chief Thomas has been appointed First Vice-President 

of the Florida Police Chief’s Association. 

M3 

MOVIES IN THE PARK 

Fire Chief Lewis stated the 2 nd Movies in the Park will be held on Saturday, June 28, 

2008, at 8:00 P.M. at the England Brother’s Bandshell. 

M4 

WESLEYAN CHURCH FOURTH OF JULY PRODUCTION 

Mayor Mischler stated the Pinellas Park Wesleyan Church will be holding their Fourth of 

July production starting Sunday, June 28, 2008. 

ADJOURNMENT 


Attest: 

_________________________________ 



________________________________ 


Mayor 

/cgg 






MINUTES 

July 10, 2008 



PRESENT: 

ABSENT: 






None 

Also present were: City Attorney, James Denhardt – City Manager, Michael Gustafson – 


Associate, Regina Kardash – Government Relations Administrator, Tim Caddell – Police Chief, 

Dorene Thomas – Fire Chief, Doug Lewis – Public Works Administrator, Tom Nicholls – 

Library and Recreation Services Administrator, Debra Rose – Office of Management and Budget 

Administrator, Dan Katsiyiannis – MIS Administrator, Randy Linthicum – Neighborhood 

Services Administrator, Susan Walker – Finance Administrator, Ron Miller – Human Resources 

Administrator, John Moore – Zoning Director, Dean Neal – Assistant Community Development 

Administrator/Building Development Director, Patrick Murphy – Deputy Fire Chief, Ray 

Hansen – Community Planning Director, Bob Bray – Building Maintenance Director, Tom 

Pezone – Fire Administrative Services Director, Mary Ann Salch – Media & Public Events 

Specialist, Pam Roberts – City Clerk, Diane M. Corna, and Office Specialist, Nichole L. Orr. 

INVOCATION was given by Councilman Mullins. 


Mayor Mischler stated Jerry Garner’s daughter, Tracy Vescovi, went through a major operation 

on her neck and asks for everyone to keep her in their prayers. 



Roxanne Hunt, Special Assignment Police Officer 



JULY 10, 2008

II. 


PC 1 FIREWORKS 

Randy Heine, 7451 Park Boulevard, spoke in favor of having a 4 th of July firework 

display in the City. 

PC 2 COMMUNITY GARDEN 

Tim Robinson, 3741 Mainlands Boulevard, thanked Council for the Community Garden. 

PC 3 ECONOMY 

Peter White, 7197 120 th Avenue, stated concern with the economy. 

AT THIS TIME STAFF MEMBERS WERE SWORN IN FOR QUASI-JUDICIAL ITEMS 

III. 



to APPROVE the Regular Council Minutes of June 26, 2008, as on file in the City 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





IV. 

 


CITY CLERK 

P1 ORDINANCE NO. 3626. AN ORDINANCE AMENDING ORDINANCE NO. 3540, 




At the City Council meeting of June 26, 2008, this ordinance was passed by City Council. 

Due to legal advertisement requirements not being met, it was determined that this 

ordnance would have to be heard again at this public hearing. 







Randy Heine, 7451 Park Boulevard, asked if the item was returning to Council due to a 

clerical error? 

City Clerk Corna stated the item was not advertised 10 days prior to the Council Meeting, 

which is legally required. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P2 



DEVELOPMENT CODE) ARTICLE 9, ―TECHNICAL CODES‖ OF THE CITY OF 

PINELLAS PARK, FLORIDA. 


At the City Council meeting of June 26, 2008, this ordinance was passed by City Council. 

Due to legal advertisement requirements not being met, it was determined that this 

ordnance would have to be heard again at this public hearing. 

An ordinance amending chapter 18 (land development code) Article 9, “Technical 


Section 18-905 “Schedule of Permit Fees”; and Section 18-908 “Reinspection Fee”; 

Providing for the inclusion of such amended Ordinance in the Code of Ordinances; 

Providing for Repeal of Ordinances or Parts of Ordinances in Conflict herewith to the 

extent of such conflict; Providing for a finding of Consistency with the Comprehensive 

Plan; Providing for an Effective Date. this was approved at the June 5, 2008 Planning & 

Zoning Commission Meeting. (LDC 2008-03) 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P3 

ORDINANCE NO. 3627. AMENDING THE FUTURE LAND USE PLAN MAP 

FOR THE CITY OF PINELLAS PARK BY PROVIDING FOR A CHANGE IN 



AT 6801 PARK BOULEVARD AND MORE PARTICULARLY DESCRIBED IN 

EXHIBIT "A," WHICH IS ATTACHED HERETO AND MADE A PART 

THEREOF; CERTIFYING CONSISTENCY WITH THE CITY’S ADOPTED 

COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF ORDINANCES OR 

PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF 

SUCH CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. (LUPA 2008-3 – 

Tosca, Inc./Mike Kashtan) 



This site consists of three parcels of land. This site was developed under Pinellas County 

jurisdiction and was utilized as a used car lot when annexed into the City in 2004. These 

lots were all zoned commercial; however, two of the lots had a Land Use Plan Map 

designation of Residential Urban (RU). This Land Use Plan Map amendment will correct 

an inconsistency between the “B-1” General Commercial Zoning District, commercial 

uses of the property and the Land Use Plan Map designation. Surrounding land uses are: 

to the north, single family dwellings; to the south, Suncoast RV’s; to the east, vacant 

mobile home park; to the west, the remaining portion of this site and Everest Automotive 

Group. When the site was annexed into the City, the annexation agreement provided for 

a period of 12 months the City shall waive the $500.00 application fee for a Land Use 

Plan Map Amendment, time lapsed and the agreement became null and void, see attached 

agreement. Therefore, the applicant is requesting a waiver to the Land Use Plan Map 

Amendment application fee, a companion case (MS 2008-52) to this request. Subject to 



on adopted levels of service for City infrastructure. At their meeting of June 5, 2008, the 

Planning and Zoning Commission recommended approval of the application. 



Randy Heine, 7451 Park Boulevard, asked if a business closes in the City and would like 

to reopen; does the business owner have to update the property to code? 

Assistant City Manager Shevlin stated the business will be grandfathered in as they are 

due to their permitted use. 

Mr. Heine asked if the business owner changes their use from a car lot, would they have 

to put the buffers in? 




Assistant City Manager Shevlin stated it would depend on the use. There are some uses 

that require green space. 

Mr. Heine stated he would like to have them put in trees sometime in the future. 

Mayor Mischler stated if the property was to be redeveloped for a certain use they would 

have to start over and meet Southwest Florida Water Management District’s guidelines. 

Mayor Mischler stated the property was developed in the County and not annexed into 

the City until 2004. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P4 

ORDINANCE NO. 3628. AN ORDINANCE AMENDING CHAPTER 18 AND 

DEVELOPMENT CODE), OF THE CODE OF ORDINANCES OF THE CITY OF 

PINELLAS PARK, FLORIDA, BY REPEALING SECTION 18-1505.13 ―FEES 

AND CHARGES‖, IN ITS ENTIRETY AND CREATING A NEW SECTION 18- 

1505.13 ―FEES AND CHARGES‖; PROVIDING FOR CERTIFICATION BY THE 

CITY COUNCIL THAT THIS ORDINANCE IS IN CONFORMANCE WITH THE 

CITY’S COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF 





Zoning fees were discussed by City Council with staff at the May 20, 2008 City Council 

Workshop Meeting. Council provided direction to staff to adopt a fee schedule consistent 

with that discussion. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P5 RESOLUTION NO. 08-18. A RESOLUTION AMENDING RESOLUTION NO. 02- 

44, A RESOLUTION VACATING A PORTION OF A RIGHT-OF-WAY, 64 TH 

LANE, GENERALLY LOCATED NORTH OF 98 TH AVENUE, SECTION 20, 

TOWNSHIP 30 SOUTH, RANGE 16 EAST; TO CORRECT A SCRIVENER’S 

ERROR IN THE LEGAL DESCRIPTION OF THE RIGHT-OF-WAY TO BE 

VACATED; PROVIDING FOR AN EFFECTIVE DATE. (V 2002–10(R) City of 

Pinellas Park) 


The applicant is requesting the correction of a scrivener’s error in the legal description 

section of Resolution No. 02-44, vacating an approximately 480-feet-long portion of 64 th 

Lane, north of 98 th Avenue. The following findings of fact are pertinent to this request: 


2. The various utility agencies and City divisions have no objection to the 

vacation provided that an easement for utilities is retained. 



Randy Heine, 7451 Park Boulevard, asked who made the scrivener’s error? 

Director Neal explained the developer’s surveyor submitted the legal description and it 

included some land that it shouldn’t have and the Zoning Department had found the error. 

Mr. Heine stated the staff who found the error should be recognized. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P6 

CONSIDERATION OF A CONDITIONAL USE FOR ―OUTDOOR SALES OF 

BOATS, RECREATIONAL VEHICLES OR MOBILE HOMES‖ IN THE ―B-1‖ 

GENERAL COMMERCIAL ZONING DISTRICT AND THE ―CH‖ HEAVY 

COMMERCIAL ZONING DISTRICT WITH A WAIVER TO THE 

REQUIREMENT FOR A TEN-FEET-WIDE LANDSCAPED BUFFER ALONG 

THE ENTIRE RIGHT-OF-WAY WHICH PROVIDES THE PRIMARY ACCESS 

TO THE SITE FOR A PROPERTY GENERALLY LOCATED AT 6801 PARK 

BLVD. (CU 2008-20 Toxca Inc./Mike Kashtan) 


The applicant is requesting consideration of “Outdoor sales of boats, recreational vehicles 

or mobile homes,” a Conditional Use in the “B-1” General Commercial and “CH” Heavy 

Commercial Zoning Districts, with a waiver to the Conditional Use requirement for a tenfeet- 

wide, landscaped buffer located along the entire right-of-way (Park Boulevard) 

which provides the primary access to the site on a 1.983 acre parcel of land generally 

located at 6801 Park Boulevard. This site consists of three parcels of land; to the west, 

“CH” Heavy Commercial and the two parcels to the east, “B-1” General Commercial, 

which has been unified for development purposes (MS 2008-56). This request is for the 

expansion of the SunCoast RV dealer located at 6740 Park Boulevard. This is a 

developed site; no new development is proposed. Paving would need to be removed to 

comply with the buffer requirement, which would reduce the area proposed for the 

parking lot and the RV display area. Therefore, the applicant is requesting a waiver of the 

ten-feet-wide, landscaped buffer requirement along Park Boulevard. The applicant has 

submitted an estimate by a certified arborist for the cost of 8 trees and 86 hedges, as well 

as additional material used and labor. The surrounding land uses consist of: to the north, 

Park Mini-Storage Center and single family dwellings; to the south, the former location 

of Rapid Roy’s Repair Shop and SunCoast RV’s; to the east, a vacant mobile home park; 

and to the west, Everest Automotive Group. Subject to any matters that may be discussed 

at the hearing, staff has not identified any inconsistencies with the Comprehensive Plan. 


infrastructure. At their meeting of June 5, 2008, the Planning and Zoning Commission 

recommended APPROVAL of the application. 


Councilwoman Bradbury asked if there is a potential for another business to go on the 

property since Suncoast RV is now closed? 

Director Neal stated the applicant wanted to go forward with the request without knowing 

what the future for Suncoast RV’s would be. 

Councilwoman Bradbury stated if a different person wanted to use the site for another 

use, like a restaurant, then they would have to comeback before Council. 




Randy Heine, 7451 Park Boulevard, stated Council should have the applicant do 

landscaping as a buffer, since there is no landscaping on the medians. 

Councilman Taylor stated if the medians were east of 66 th Street, they would belong to 

the City and would have landscaping. 






Taylor to DENY a Conditional Use to establish “Outdoor sales of boats, recreational 

vehicles or mobile homes” in the “B-1” General Commercial Zoning District and “CH” 

Heavy Commercial Zoning District. 

Councilman Mullins stated Mr. Kashtan annexed this property into the City with all these 

changes in place and he doesn’t feel it would be fair for Council to change them. 

Vice-Mayor Butler stated Council approves of these annexations with promises and to go 

backwards on a promise would give a clear message to others that Council does not 

honor agreements. 

Mayor Mischler stated this property was in bad shape until the applicant took over and 

annexed into the City. 

Councilwoman Bradbury stated Council has requested car lots on Park Boulevard to at 

least get large pots to put plants in, instead of tearing up concrete and planting trees into 

the ground. 

Councilwoman Bradbury stated her concern on the applicant’s request. 

Councilman Mullins stated if the applicant was planning on putting a restaurant on the 

property, he did not feel they would not bring this request before Council. 

Councilwoman Bradbury stated she had every intention on approving the motion but it 

was originally advertised the applicant wanted to have Suncoast RV moved in there and 

they will not be now, so the applicant’s wishes have probably changed. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 




Councilman, Jerry Mullins 


None 

None 

MOTION FAILED 





to APPROVE a Conditional Use to establish “Outdoor sales of boats, recreational 

vehicles or mobile homes” in the “B-1” General Commercial Zoning District and “CH” 

Heavy Commercial Zoning District with a waiver to the Conditional Use requirement for 

a ten-feet-wide, landscaped buffer area located along the entire right-of-way which 

provides the primary point of access to the site based on the staff report and the criteria 

found in Section 18-1509.4(B) & (C) on a parcel of land generally located at 6801 Park 

Boulevard, subject to the following conditions: 



2. There shall be no outdoor storage areas established on the subject site. 

3. There shall be no automotive repair work performed on the subject site. 

Mayor Mischler stated he would like to table the item until the applicant can come before 

council to clarify his plans for the property. 

Vice-Mayor Butler asked if Suncoast RV has cancelled their Business Tax Receipt? 

Director Neal stated not to his knowledge. 

Vice-Mayor Butler stated Suncoast RV might have vacated one parcel but at this point in 

time it is hear say to assume they are closed due to the lack of official notification. 

Director Neal stated there is a requirement for them to report to the City if they are closed 

and they have not. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 


Councilman, Jerry Mullins 




None 

None 





P7 

CONSIDERATION OF EXPANSION OF AN EXISTING CONDITIONAL USE 

FOR HOTELS AND MOTELS‖ IN THE ―M-1‖ LIGHTINDUSTRIAL ZONING 

DISTRICT WITH THE FOLLOWING VARIANCES AND/OR WAIVERS: 

PARKING REQUIREMENTS, MINIMUM AND MAXIMUM DRIVE AISLE 

WIDTHS, AND LANDSCAPING REQUIREMENTS (INTERIOR GREENSPACE 

PERCENTAGE AND INTERIOR GREENSPACE ISLAND PLACEMENT) AS 

WELL AS A WAIVER TO THE CONDITIONAL USE REQUIREMENT FOR 

LOT COVERAGE. (CU 2008-8/BOA 2008-24/MS 2008-63 Pallas LLC/Anthony 

Menna and Housh Ghovaee/Northside Engineering) 


The applicant is requesting consideration of an expansion of an existing Conditional Use 

for “Hotels and motels” in the “M-1” Light Industrial Zoning District on a 3.022 acre 

parcel of land generally located at 12600 Roosevelt Boulevard. The applicant proposes 

increasing the number of units from 100 to 151, as well as an approximately 11,000 

square foot addition to the existing ballroom. The applicant has requested the following 

waivers and/or variances: required number of parking spaces from 361 to 262, minimum 

two-way drive aisle width from 24 feet to 17 feet, maximum one-way drive aisle width 

from 16 feet to 20 feet, interior greenspace percentage from 8% to 6.3%, allow interior 

greenspace islands to be placed within rows of contiguous parking at intervals of greater 

than 15 parking spaces, as well as a waiver to the Conditional Use requirement for 

maximum lot coverage from 85% to 91%. Surrounding uses are: to the north, 

Brighthouse Networks; to the south, Bay Tec Center; to the east, undeveloped 

commercial land; to the west, Catalent. Subject to any matters that may be discussed at 



infrastructure. At its meeting on June 5, 2008 the Planning and Zoning Commission 

recommended APPROVAL of the above request subject to conditions. 


Housh Ghovaee and Renee Regario, Northside Engineering, 300 S. Belcher Road, 

Clearwater, gave a presentation on this item. 

Randy Heine, 7451 Park Boulevard, asked if any Councilmembers have been to the 

project in the past month? 

Mayor Mischler stated he has been to the site for a meeting. 

Mr. Heine stated the Democratic Executive Committee used to hold meetings there but 

changed locations due to lack of parking in the evenings and reducing the parking spaces 

will make the situation worse. 

Tim Robinson, 3741 Mainlands Boulevard, stated it is the greatest hotel in Pinellas Park 

and attracts people to the City. 




Chris Ardelino, 3230 22 nd Street, St. Petersburg, stated he used to be a manager at this 

property and this proposal is solid and is based on fact. The parking arrangements are 

more than what the property needs. 

Mr. Ardelino stated putting a Marriot sign on the hotel is what it needs to be competitive 

in this market since the market has changed. 

Anthony Menna, 12600 Roosevelt Boulevard, stated he is the applicant and part owner of 

the hotel and is very excited for the expansion and changes. 


Mayor Mischler asked how most guests arrive at the hotel? 

Renee Regario, stated 77% of the guests use the hotel’s shuttle service from the airport. 





to APPROVE An expansion of a Conditional Use for “Hotels and motels” based on the 

factors identified in Section 18-1509.4(B) and (C) of the Land Development Code, with 

the following variances and/or waivers: parking requirements, minimum and maximum 

drive aisle widths, and landscaping requirements (interior greenspace percentage and 

interior greenspace island placement) as well as a waiver to the Conditional Use 

requirement for lot coverage for a parcel of land generally located at 12600 Roosevelt 

Boulevard subject to the following conditions: 

1. Maximum lot coverage shall not exceed 91% 

2. Minimum number of parking spaces shall be 262. 

3. Interior greenspace percentage shall not be less than 6.3%. 

Councilwoman Bradbury stated she would like to see money put into the tree fund. 

Councilman Taylor stated he knows the customers always come first with this hotel and 

anything done on this property is for the customers. 

Councilwoman Bradbury stated she has visited the hotel numerous times for different 

occasions and has always been able to pull right into a parking spot. 

Vice-Mayor Butler stated this hotel has been a fine development in the City and 

appreciates the City’s logo is on the wall of the hotel. 

Mayor Mischler stated he is happy to have the hotel in the City. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






NEIGHBORHOODSERVICES 








Peter White, 7197 120 th Avenue, asked if people losing their homes is becoming more of 

a problem in the City? 

City Manager Gustafson stated it is becoming more of a problem everywhere. 

Mr. White asked if the City has the authority to secure a pool at a house that is empty? 

City Manager Gustafson stated the City drains the pool and covers it. 

Mr. White stated he is not worried about the algae but worried about neighborhood kids 

getting into the pool. 

Mayor Mischler stated the City does not allow the pool to be unsecured due to health and 

safety issues. 




C2 

PUBLIC WORKS 

AWARD OF BID 08/004 – TOWN SQUARE PLAZA PARK ELECTRICAL 

DISTRIBUTION - Himes Electric Company, Inc. 


Four bids were received, with Himes Electric Company, Inc. (1040 Land O’ Lakes Blvd, 

Lutz, FL, 33549) being the lowest qualified bidder with a bid submittal of $74,332.00. 

This project replaces and upgrades the electrical services at Town Square Plaza Park to 

reduce maintenance costs and staff set up time associated with special events. Additional 

outlets will be installed to provide electrical service to the park area. Funding for this 

project is identified in the FY 07/08 budget book, page 402, in the amount of 

$120,000.00. This project will be charged to account 301-781-5-744-67. 

Authorization to award Bid 08/004 for Town Square Plaza Park Electrical Distribution to 

Himes Electric Company, Inc. Lutz, FL, in the amount of $74,332.00 to be charged to 

the appropriate account. 

Randy Heine, 7451 Park Boulevard, asked why City employees are not doing this work? 

City Manager Gustafson stated the City only has one licensed electrician working for the 


Discussion was held on the price of the project and what it would cost to hire more City 

electricians to do the job. 

 

OMB 

C3 ORDINANCE NO. 3629. AMENDING ORDINANCE 3573 ADOPTING THE 



In general, the ordinance amends this year’s budget by deferring funds for several CIP 

projects (Bryan Dairy Rd. water line relocation, Youth Park expansion, etc.) that will 

carry forward to next fiscal year. In the General Fund, the amendment appropriates 

additional funds for fuel costs ($165,900), the refuse fuel surcharge ($265,000), and 

additional advertising costs ($50,200). In the Water & Sewer fund, the amendment 

reduces the budget as a result of a reduction of revenue (approximately $1.9 million) due 

to more vacant houses in the City, a reduction in usage by several larger customers, and 

lower interest earnings. 





C4 

CONSIDERATION OF A BIFURCATION AGREEMENT SPLITTING THE 

GATEWAY CENTRE DRI DEVELOPMENT ORDER TO FORM TWO 

SEPARATE AND DISTINCT DEVELOPMENTS BETWEEN THE CITY OF 

PINELLAS PARK AND THE CITY OF ST. PETERSBURG(MS 2008-67 – 

TARPON RIDGE, INC. ET AL) 

The two owners of the undeveloped land remaining under the control of the Gateway 

Centre Development of Regional Impact, Tarpon Ridge, Inc. in the City of Pinellas Park 

and Jabil Circuit, Inc. in the City of St. Petersburg, wish to split the DRI into two DRI’s 

with no proposed changes to the development orders relative to impact mitigation. Both 

the Tampa Bay Regional Planning Council and the Florida Department of Community 

Affairs have reviewed the agreement and indicated full compliance with 380.06 Florida 

Statutes. 

Authorization for the Mayor to sign the 380.032 Agreement to Bifurcate, Gateway Centre 

Development of Regional Impact. 

Tim Robinson, 3741 Mainlands Boulevard, asked what the purpose was to divide the two 

DRI’s? 

Director Neal explained the separation of the DRI. 

Mr. Robinson asked if the rules of the original DRI will apply to the new one? 

Director Neal stated that was correct and nothing has changed. 


is appropriate, Items C1 through C4 inclusive, with Items C1 and C3 being First Reading 

Prior to Public Hearing, and SECONDED by Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





VI. 



R1 AUTHORIZATION FOR THE CITY MANAGER TO SIGN A NEW FIVE (5) 

YEAR PARK RESIDENT LEASE AGREEMENT — For City-owned property 

located at Helen Howarth Park, 6331 94 th Avenue North 

The current two (2) year Lease Agreement at Helen Howarth Park will expire August 21, 

2008. This new five (5) year Lease Agreement will bring the term of the Agreement for 

Helen Howarth Park into conformity with the other Lease Agreements that have been 

written or renewed in the recent past. Approval of this Lease Agreement will retain the 

current tenant, Retired Largo Police Officer, Jan Gray. 


to APPROVE authorization for the City Manager to sign a new five (5) year Park 

Resident Lease Agreement for City-owned property located at Helen Howarth Park, 6331 

94 th Avenue North, with Retired Largo Police Officer, Jan Gray. 

Councilwoman Bradbury stated at the time of Mr. Gray’s original appointment there 

were no City Employees who wished to reside at that property and now there are. 

Councilwoman Bradbury requested Council to reconsider and give an employee the 

opportunity to live on the property like the program was set up to do in the first place. 

Cecil Bradbury, 9400 50 th Way North, spoke in opposition to the lease agreement with 

Mr. Gray. 

Jan Gray, 6331 94 th Avenue, stated he pays all utilities and performs the required duties 

for the park. It is his intention to sell the mobile home at a fair market price but there 

have been some setbacks that have kept the home from selling. 

Peter White, 7197 120 th Avenue, stated he feels Mr. Gray has done a great job but 

suggests the City have an independent consultant appraise the home and the City to 

purchase it. 

City Manager Gustafson stated he does receive e-mails from Mr. Gray and feels he does 

the job out there and looks after the park as if it was his own. He owns the home on the 

lot and does pay for all of his utilities. 

Terry Gray, 6331 94 th Avenue, stated she feels staff interfered on the sale of their home. 

Mrs. Gray provided information on what they do in the park and their community 

involvement. 




Patricia Johnson, 6348 102 nd Avenue, stated she had the house professionally appraised 

and the asking price is way more than what it was appraised for. 

Joe Shelley, 6035 86 th Avenue North, asked what Mr. Gray’s job duties were for the 

park? 

City Manager Gustafson explained Mr. Gray’s responsibilities. 

Mr. Shelley spoke in favor of a five year lease. 

Patricia Macfarlane, 8421 62 nd Street, stated they are always at the park do a good job 

and they should be given more time to sell their home due to the market. 

Attorney Denhardt stated Mr. Gray has not threatened to sue the city but has filed a 

complaint with United States Department of Housing and Urban Development. 

Mayor Mischler stated the City policy is to have a City Police Officer reside on the 

property. Mr. Gray is a retired police officer from the City of Largo and he does not feel 

we should take them off the property even if a police officer would like to live there in 

two years. 

Mayor Mischler commended on Mr. and Mrs. Gray and the great job they have done with 

the park. 

Councilman Mullins stated he found the home very clean. They are very loyal to the park 

and the City. He doesn’t feel the City should make someone move after living on this 

property for 17 years. 

Councilwoman Bradbury stated she would prefer to have employees reside on the 

property. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 





R2 

AUTHORIZATION FOR THE MAYOR TO SIGN AN ADDENDUM TO AN 

ANNEXATION AGREEMENT DATED AUGUST 11, 2005 BETWEEN THE CITY 

OF PINELLAS PARK AND FARRELL HOMES, INC. (AX05-47) — For property 

generally located at 11000 58 th Street North 

Upon annexation Farrell Homes, Inc. was granted a waiver of City land development fees 

in the amount of Twenty Five Thousand Dollars ($25,000.00), for a period of twenty four 

(24) months. The fee waiver was applicable for the construction of ten (10) single-family 

homes. Due to some unforeseen circumstances, Farrell Homes, Inc. was only able to 

complete construction of seven of the ten homes within the twenty four (24) month time 

frame. This addendum serves as a request for an extension of that original time frame 

from twenty four (24) months to forty eight (48) months. 


Bradbury to APPROVE authorization for the Mayor to sign an addendum to the 

annexation agreement dated August 11, 2005 between the City of Pinellas Park and 

Farrell Homes, Inc. for property generally located at 11000 58 th Street North. 

Councilman Taylor stated he had a motion drawn up that Council might want to look at. 

The property owner has other properties that have recently been brought into compliance 

and wondered if this motion could be tied into the agreement. The motion states: “This 

extension of the waiver of land development fees is contingent upon the owners and any 

of the owners related entities within the City of Pinellas Park being in full Code 

compliance at the time of the construction of the three single family homes.” 

Vice-Mayor Butler stated he supports the original motion he made. 

Mike Farrell, Farrell Homes, 6757 55 th Street North, stated he brought the property and 

signed an agreement to have it completed in two years. Seven out of the ten homes have 

been built and sold and he is requesting for an extension. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 

None 






R3 

AUTHORIZATION TO WAIVE CITY OF PINELLAS PARK FEE TO PROCESS 

A LAND USE PLAN MAP AMENDMENT APPLICATION FOR A CHANGE IN 


GENERAL (CG). (MS 2008-52 Tosca, Inc./Mike Kashtan) 

The applicant is requesting a waiver to: Section 18-1505.13 “Fees and Charges” for a 

change in the Land Use from Residential Urban (RU) to Commercial General (CG), 

which requires a Land Use Plan Map Amendment application fee of $500.00. This site 

was annexed into the City in 2000. The annexation agreement provided for a period of 12 

months that the City shall waive the $500.00 application fee for a Land Use Plan Map 

Amendment, time lapsed and the waiver expired, see attached agreement. The applicant 

states that due to medical reasons they were unable to make the required deadline for 

submitting the application, see attached letter. Therefore, the applicant is requesting a 

waiver to the Land Use Plan Map Amendment application fee. These lots are all 

commercially zoned, “CH” Heavy Commercial on the lot to the west and “B-1” General 

Commercial on the two lots to the east; however, the lots to the east have a Future Land 

Use Plan Map designation of Residential Urban (RU). The proposed Land Use Plan Map 

amendment (LUPA 2008-3), a companion case to this request, will correct an 

inconsistency between the “B-1” General Commercial Zoning District, commercial uses 

of the property and the Land Use Plan Map designation. 


Taylor to APPROVE a request for a waiver to Section 18-1505.13 which requires a fee 

for the processing of a Land Use Plan Map Amendment application for a parcel of land 

generally loated at 6801 Park Boulevard. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R4 


RESOLUTION NO. 08-19. IDENTIFYING SOURCES OF LOCAL CITY 

FINANCIAL SUPPORT FOR PROJECT #A8051656587 AS LOCAL 

PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY TAX REFUND 

PROGRAM FOR FISCAL YEAR 2009/10. 


Project # A8051656587 will be a new Pinellas Park medical device research & 

development and manufacturing firm. The company projects hiring 10 employees with 

annual pay scales above 200% of the average wage for Pinellas County. The total tax 

refund requested is $50,000. Eighty percent ($40,000) will be funded by the State. The 

20% local match ($10,000) is being requested locally – 50% from Pinellas County 

($5,000) and 50% from the City ($5,000) to be paid in FY 2009/10. The company is 

currently located in Tucson, AZ and plans to expand and relocate to an existing facility in 

the City of Pinellas Park. The project consists of $250,000 in capital investment. Pinellas 

County has estimated the local economic impact of this capital investment to be 

$100,000. The projected 10 new jobs will provide high wage, value-added employment 

to citizens of the Pinellas Park area. Pinellas County has estimated the local economic 

impact of the new jobs to be $1.4 Million. 

MOTION was made by Councilman Taylor, and SECONDED by Vice-Mayor Butler to 

DENY Resolution No. 08-19. 

Vice-Mayor Butler stated he does not like the company name being kept anonymous. 

Councilman Taylor stated he feels the City’s $5,000 is not going to make the company 

come or stay away. 

Councilman Mullins stated he feels the City residents could use the employment. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 


Councilman Taylor 




None 

None 

MOTION FAILED 





Taylor to ADOPT Resolution No. 08-19. 

Vice-Mayor Butler stated he supports bringing new businesses and jobs into the 

community but he doesn’t like the company keeping the name anonymous. 

Mayor Mischler gave an overview of this item. 

Attorney Denhardt explained the reason why the company did not have to reveal their 

name on the application. 

Cecil Bradbury, 9400 50 th Way, stated the City Attorney’s explanation should have been 

given in the beginning of the item. Most residents would not be as worried about the 

name of the business as long as it gives a good quality job to residents. 

Randy Heine, 7451 Park Boulevard, stated the City should give businesses in the City tax 

breaks instead of bringing in a company from Arizona and giving them the money. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 




Councilman Taylor 


None 

None 






R5 

APPOINTMENT TO THE PINELLAS PARK POLICE OFFICERS’ PENSION 

BOARD OF TRUSTEES – Citizen Member 

Ms. Muriel Bruno has expressed an interest in serving as a citizen member on the Police 

Officers’ Pension Board. Ms. Bruno was interviewed by the Police Officers’ Pension 

Board of Trustees. It is recommended that she be appointed to fill Mr. Hofstadter’s 

remaining term due to expire October 2009. 


to APPROVE of the appointment of Muriel Bruno to serve as a citizen member of the 

City of Pinellas Park Police Officers’ Pension Board of Trustees, with term to expire 

October 2009. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


MISCELLANEOUS 

M1 

HONOR THE MILITARY 

Councilwoman Bradbury asked all citizens to honor the military and their families and to 

keep them all in their prayers. 

M2 


Mayor Mischler congratulated Neighborhood Services Administrator Susan Walker and 

Utility Billing Director Jimmy Walker for becoming grandparents for the second time. 

M3 

HARDWORKING CITIZENS 

Councilman Mullins stated he would like to thank all the hardworking citizens and single 

moms for paying their taxes and raising their families because without them there would 

be no military or police officers. 




ADJOURNMENT 


Attest: 

___________________________________ 



__________________________________ 


Mayor 

/nlo 






MINUTES 

July 24, 2008 



PRESENT: 

ABSENT: 






None 




Dorene Thomas - Fire Chief, Doug Lewis - Public Works Administrator, Tom Nicholls - Library 



Services Administrator, Susan Walker - Finance Administrator, Ron Miller – Human Resources 

Administrator, John Moore - Zoning Director, Dean Neal –Fire Administrative Services 

Director, Mary Ann Salch – Deputy City Clerk, Christine Gardner and Office Specialist, Nichole 

Orr 








Chief Dorene Thomas presented the following Do the Right Thing awards: 

Phernell Marry 

Ashley Laney 

Sammy Angelides 

Sabrina Angelides 

Shyann Roberts 


Bev Waggoner – Police Administration Senior Staff Assistant 


Representative Janet Long gave a presentation on the budget for the State of Florida 

depicting the decline in revenue, health insurance, healthcare, demographics of people 

moving to Florida and property insurance. 

Representative Long and Council discussed the items presented. 

VICE-MAYOR BUTLER LEFT THE MEETING AT 8:17 P.M. 

VICE-MAYOR BUTLER RETURNED TO THE MEETING AT 8:22 P. M. 

I. PUBLIC COMMENT AND CORRESPONDENCE 

PC1 

INTERSTATE AGREEMENT 

Patricia Johnson, 6348 102 nd Avenue, stated she would like Representative Long to 

support an Interstate Agreement requiring other states to charge Florida sales tax. 

Representative Long stated she has brought up an agreement of that type and it failed but 

she is bringing the agreement back. 

2 

CITY OF PINELLAS PARK 



PC2 

COMMUNITY GARDEN 

Sandy Pistolich, 10190 46 th Street, asked what the plans were for the fencing of the 

Community Garden? 

City Manager Gustafson stated there are two proposals. Proposal 1 was the first one 

developed with a larger garden area running along the property line in front of the 

neighboring yard. Proposal 2 has less garden beds and is further to the west. 

Ms. Pistolich stated her concern is that Proposal 1 will block her view of the park and she 

is concerned with the maintenance of the garden. 

Discussion was held on the gates and fencing. 

Direction of Council was to use Proposal 1. 

Cecil Bradbury, 9400 50 th Way, stated the City does need the larger plots for the 

Community Garden since all lots are taken and there is a waiting list and recommended 

better lighting in this area. 

PC3 

USER FEES 

Cecil Bradbury, 9400 50 th Way, stated Council needs to look at the user fees the Pinellas 

County Sheriff’s Office is charging. 

PC4 

RECOGNITION 

Mayor Mischler recognized Brad Kasusko from Boy Scout Troop 321 of United 

Methodist Church of Largo who attended the meeting to earn his Communications Merit 

Badge. 


3 




II. 



to APPROVE the Regular Council Minutes of July 10, 2008, as on file in the City 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


III. 

 

P1 


OMB 

ORDINANCE NO. 3629. AMENDING ORDINANCE 3573 ADOPTING THE 



In general, the ordinance amends this year’s budget by deferring funds for several CIP 

projects (Bryan Dairy Rd. water line relocation, Youth Park expansion, etc.) that will 

carry forward to next fiscal year. In the General Fund, the amendment appropriates 

additional funds for fuel costs ($165,900), the refuse fuel surcharge ($265,000), and 

additional advertising costs ($50,200). In the Water & Sewer fund, the amendment 

reduces the budget as a result of a reduction of revenue (approximately $1.9 million) due 

to more vacant houses in the City, a reduction in usage by several larger customers, and 

lower interest earnings. 

Office of Management and Budget Administrator Katsiyiannis provided an overview of 

this item. 



4 




Jane Sanchez, 6651 82 nd Avenue, asked how the change will affect the property taxes? 

Administrator Katsiyiannis explained this amendment pertains to this year’s budget and 

provided information on the public hearings that will be held for the next budget. 

Administrator Katsiyiannis stated the average homeowner will see an average savings of 

$300 and the City will not be raising the tax rate. 

Councilman Taylor stated the property taxes will be going down and the advertised rate 

of the millage will be higher than what it will actually be. 

Councilman Mullins stated there will be a $300 tax credit for the average household. 

Mayor Mischler explained the necessity of keeping sufficient funds in reserves for 

emergency situations. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


5 



















Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


6 




P3 


CONSIDERATION OF A REQUEST FOR APPROVAL OF A PRELIMINARY 

SITE PLAN AND CONDITIONAL USES FOR ―BOAT BUILDING‖ AND FOR 

―INDUSTRIAL USES NOT PERMITTED BY RIGHT‖ (A PAPER RECYCLING 

COMPANY) IN THE ―M-1‖ LIGHT INDUSTRIAL ZONING DISTRICT ON A 

PARCEL OF LAND THAT ABUTS AND FUNCTIONALLY ABUTS 

RESIDENTIAL ZONING DISTRICTS. THE APPLICANT REQUESTS A 

WAIVER TO THE CONDITIONAL USE REQUIREMENT FOR THE ―BOAT 

BUILDING‖ USE THAT SUCH USE SHALL NOT BE LOCATED WITHIN 300 

FEET OF ANY RESIDENTIAL DISTRICT ON A PARCEL OF LAND 

GENERALLY LOCATED AT 6101 45 TH STREET. (CU 2008-19/MS 2008-57/CU 

2008-23/MS 2008-68 Park Industrial Properties, LLC/Stephen Gerlach) 

PUBLIC HEARING (QUASI JUDICIAL) 

This is a two part action. The applicant is requesting approval of a Preliminary Site Plan 

and Conditional Uses for “Boat Building” and for “Industrial Uses not Permitted by 

Right” (a paper recycling company) in the “M-1” Light Industrial Zoning District on a 

21.518 acre parcel of land that abuts and functionally abuts residential zoning districts 

generally located at 6101 45 th Street. The applicant requests a waiver to the Conditional 

Use requirement that “Boat Building” not be located within 300 feet of any residential 

district that abuts and functionally abuts residential zoning districts. The property abuts 

residential uses. However, the proposed boat builder will be located in the east half of 

Building No. 3, which is approximately 390 feet measured from the southeast corner of 

the building to the north property line from the functionally abutting residential lot to the 

south and 402 feet from the east side of the building to the abutting residential property 

line to the east. This is a developed site consisting of multiple industrial uses, such as: 

Premium Leisure (Hydro Spa), a manufacturing use; Mastec North America, a utilities 

contractor; and in the near future a landscaping company. The applicant is not proposing 

any site changes. The applicant states the boat company builds three to five high-end 

speed boats per year. The paper recycling company collects paper products, packages and 

distributes offsite for recycling. All work and storage of material is kept inside for both of 

the proposed uses. Surrounding uses are: to the north, Enterprise Business Park, 

Chapman Pest Control, J.A.G. Machines, a commercial plaza and industrial warehouses; 

to the south, single family dwellings; to the east, a commercial plaza, Crystal Lakes 

Manor Apartments, and single family dwellings; and to the west, Cracker Boys Outdoor 

Guns & Ammo, Southeast Mobile Homes & Supplies, Bobb’s Auto Sales, Ideal 

Commercial Seating, Mullen Corporation, single family dwellings, and vacant industrial 

land. Subject to any matters that may be discussed at the hearing, staff has not identified 

any inconsistencies with the Comprehensive Plan. The proposal should have no adverse 

effect on adopted levels of service for City infrastructure. At its meeting on July 3, 2008, 

the Planning and Zoning Commission recommended APPROVAL of the above requests 

subject to conditions. 

7 






Zoning Director Neal gave an overview of this item. 

Todd Warner, 1038 Park Street, stated he is the property owner and provided information 

on the recycling and boat companies. 

Councilwoman Bradbury asked if both facilities will be operating indoor? 

Mr. Warner stated yes, storage and work will be done inside and the tenant’s leases will 

stipulate they must keep their area of the property clean. 

Councilman Taylor asked if there is a signed lease with the paper company? 

Mr. Warner stated there is a proposed lease but this approval is necessary first. 

Councilman Mullins requested clarification on the laws pertaining to the necessary 

distance a business must be from a residential district. 

Director Neal explained the distance is measured from property line to property line 

which is problematic with this type of site that is quite large. The boat builder will be in 

Building #3 which is well over 300 feet. 

Councilman Mullins verified that no boat building will be done other than within 

Building #3. 

Mayor Mischler asked what the hours of operation will be for the boat building? 

Nick Buis, 13115 Boca Ciega Avenue, stated work begins around 6:00 a.m. and ends 

around 8:00 p.m. Monday thru Friday and 6:00 a.m. to 12:00 p.m. or 2:00 p.m. on 

Saturdays. 

Mr. Buis stated they build about five boats per year. 

Mayor Mischler asked what the smell would be coming from? 

Mr. Bulus stated the materials they will be using are epoxy material. 

Mayor Mischler asked what building the recycling company will be in? 

Director Neal stated it will be Building #4. 

Mayor Mischler asked what the hours of operation will be for the recycling company? 

8 




Mr. Warner stated he does not know at this time. 

Mayor Mischler stated he is concerned with the noise from the recycling company and 

the hours of operation. 

Councilman Taylor read an excerpt from testimony at the Planning and Zoning 

Commission where Mr. Warner stated he does not believe the business will be operated 

24 hours. 

Mr. Warner stated he is pretty sure they are closing down at 5:00 p.m. or 6:00 p.m. 

Mr. Warner stated he is a firm believer in keeping his properties clean. 

Ed Kosinski, 7615 62 nd Street, stated this property has been cleaned up and he thinks it 

would be a great improvement to have these businesses in Pinellas Park. 

Cecil Bradbury, 9400 50 th Way, stated there was previously a yacht company that stored 

molds outside but he thinks this is an opportunity for the City’s business community. 

Kurt Schrotenboer, 5841 43 rd Street, stated he lives directly east from this property and he 

is concerned with the fumes from the chemical Methyl Ethyl Ketone (MEK) and the 

noise from shredding paper. 

Mr. Warner stated the company will not be shredding paper because this is a drop off 

point for collected paper that will be bundled and shipped out. 

Mr. Warner stated the resin that will be used is a two part epoxy so it does not contain the 

chemical MEK. 

Vice-Mayor Butler asked what the name of the boat company is? 

Mr. Warner stated it is Statement Powerboats. 


9 




P3 MOTION #1 


Taylor to APPROVE a Preliminary Site Plan that complies with Section 18-1506.23(I) 

and a Conditional Use for “Boat Building” based on the factors identified in Section 18- 

1509.4(B) and (C) of the Land Development Code, with a waiver to the Conditional Use 

requirement that the “Boat Builder” shall not be located within 300 feet of any residential 

district for a parcel of land in the “M-1” Light Industrial Zoning District generally located 

at 6101 45 th Street that abuts and functionally abuts residential zoning districts, subject to 

the following condition: 

1. All previous conditions of approval, listed in Section II A of the report, 

remain in full force and effect. 

Mayor Mischler asked Councilwoman Bradbury if she would like to include the hours of 

operation included in the motion? 

Councilwoman Bradbury stated no. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 


10 




Attorney Denhardt stated if Council grants the conditional use for the paper recycling it 

would include any recycling uses and it would not necessarily be limited just to collection 

unless Council made that a condition of the motion. 

Attorney Denhardt stated if that conditional use was granted then it would be for that use 

in its entirety in the future. 

P3 MOTION #2 


Bradbury to APPROVE a Preliminary Site Plan that complies with Section 18- 

1506.23(I) and a Conditional Use for “Industrial Uses not Permitted by Right” (a paper 

recycling company) based on the factors identified in Section 18-1509.4(B) and (C) of 

the Land Development Code for a parcel of land in the “M-1” Light Industrial Zoning 

District generally located at 6101 45 th Street that abuts and functionally abuts residential 

zoning districts, subject to the following condition: 

1. All previous conditions of approval, listed in Section II A of the report, 

remain in full force and effect. 

Mayor Mischler asked if Councilman Taylor would like to include hours of operation? 

Councilman Taylor stated he would like to keep the motion as he read it based upon the 

testimony of Mr. Warner to the Planning and Zoning Commission that to the best of his 

knowledge the hours of operation would be from 6:00 a.m. to 5:00 or 6:00 p.m. 

Mayor Mischler stated nothing would construe them to those hours if it was not included 

and if it was up to them they could operate 24 hours a day. 

Councilman Taylor stated he does not want to include hours of operation. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 


11 




IV. 

 

C1 

CONSENT AGENDA 

PUBLIC WORKS 


FIXED FACILITY GENERATOR AT LIFT STATION 32 – Inter-Bay Electric 

Company, Inc., Tampa, FL 


completed. The total amount of contract 07/012 is $53,892 and the final payment of 

$5,389.20 is to be charged to account 301-381-5-776-84. 

Authorization to make the second and final payment for the fixed facility generator at Lift 

Station 32, contract 07/012, to Inter-Bay Electric Company, Inc., Tampa, FL, in the 

amount of $5,389.20, to be charged to the appropriate account. 

 

C2 


ORDINANCE NO. 3630. ORDINANCE AMENDING THE LAND USE PLAN 


IN THE LAND USE FROM PRESERVATION (P) TO COMMERCIAL 


AT THE NORTHEAST CORNER OF U.S. HIGHWAY 19 NORTH AND 

GATEWAY CENTRE BOULEVARD. (LUPA 2008-4 – GCL, LLC AND DAVID 

KRAMER, CCIM) 


Public Hearing, August 12, 2008 (QUASI-JUDICIAL) 


Preservation (P) to Commercial General (CG), or a land use designation of lesser 

intensity as identified in the City’s adopted Comprehensive Plan for a 0.42 acre portion (a 

detention pond) of an approximately 7.561 acre parcel of land generally located at the 

northeast corner of U.S. Highway 19 North and Gateway Centre Boulevard. The Land 

Use Plan Map Amendment is requested in order to provide more flexibility for a 

development plan for the larger, “B-1” General Commercial parcel. Permission has been 

granted by SWFWMD to fill and relocate this detention pond; which will allow the 

developer to use this area, which wasn’t useable as a detention pond, in the development 

plan for the parent parcel. Subject to any matters that may be discussed at this hearing, 

staff has not identified any inconsistencies with the Comprehensive Plan. The proposal 

should have no adverse effect on adopted levels of service for City infrastructure. The 

abutting Land Use Plan Map categories are Commercial General (CG) to the north, south, 

east, and west. At their meeting of July 3, 2008, the Planning and Zoning Commission 

recommended DENIAL of the application for Land Use Plan Map Amendment. 

12 




Councilman Mullins asked for information on the Planning and Zoning Commission’s 

recommendation to deny Items C2 and C3. 

Attorney Denhardt stated the Planning and Zoning Commission makes a recommendation 

and the public hearing will be held at the Tuesday, August 12, 2008, Regular Council 

Meeting. City Council will listen to testimony and discuss the item during the public 

hearing. 

Attorney Denhardt stated Planning and Zoning makes a recommendation and City 

Council will consider all the factors at the public hearing and make a determination. 

Mayor Mischler stated the State of Florida requires the two public hearings. 


Charles Festgo, 4004 87 th Terrace, requested information on the process for Items C2 and 

C3. 

Attorney Denhardt provided an explanation of the process for the public hearing. 

Councilwoman Bradbury clarified the next Council meeting will be held on Tuesday, 

July 12, 2008, not Thursday. 

Mayor Mischler stated Council takes the position to approve items on first reading to 

allow for the public hearing. 

13 







REZONING A CERTAIN PARCEL OF LAND FROM ―PRES‖ PRESERVATION 

DISTRICT TO ―B-1‖ GENERAL COMMERCIAL DISTRICT FOR A PARCEL 

OF LAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF U.S. 

HIGHWAY 19 NORTH AND GATEWAY CENTRE BOULEVARD. (Z 2008-5 – 

GCL, LLC AND DAVID KRAMER, CCIM) 



The applicant is requesting a rezoning from “PRES” Preservation District to “B-1” 



portion (a detention pond) of an approximately 7.561 acre parcel of land generally 

located at the northeast corner of U.S. Highway 19 North and Gateway Centre Boulevard. 

The rezoning is requested in order to provide more flexibility for a development plan for 

the surrounding parcel. Permission has been granted by SWFWMD to fill and relocate 

this detention pond; which will allow the developer to use this area, which wasn’t useable 

as a detention pond, in the development plan for the parent parcel. The abutting Zoning 

Districts are “B-1” General Commercial District to the north, south, east, and west. 

Subject to any matters that may be discussed at this hearing, staff has not identified any 


on adopted levels of service for City infrastructure. At their meeting of July 3, 2008, the 

Planning and Zoning Commission recommended DENIAL of the rezoning. 

14 







REZONING A CERTAIN PARCEL OF LAND FROM ―CH‖ HEAVY 

COMMERCIAL DISTRICT TO ―B-1‖ GENERAL COMMERCIAL DISTRICT 

FOR A PARCEL OF LAND GENERALLY LOCATED BETWEEN THE 

INTERSECTION OF GATEWAY CENTRE PARKWAY AND GRAND AVENUE 

TO GANDY BOULEVARD. (Z 2008-4 – GCL, LLC/DAVID KRAMER, VICE 

PRESIDENT) 



The applicant is requesting a rezoning from “CH” Heavy Commercial District to “B-1” 


by Chapter 18, Land Development Code, of the City of Pinellas Park for 50.257 acres 

generally located between the intersection of Gateway Centre Parkway and Grand 

Avenue to Gandy Boulevard. The proposed rezoning to “B-1” General Commercial 

District will provide less intense uses located within relative proximity to major 

thoroughfares and to residential concentrations. If any residential use and/or mixed uses 

are proposed in the future, a “PUD” (Planned Unit Development) is required, which is 

site plan controlled. Additionally, under the Development of Regional Impact, the 

Development Order must specify the development type; the trade-off mechanism will 

yield the actual development entitlement. Subject to any matters that may be discussed at 



infrastructure. At their meeting of July 3, 2008, the Planning and Zoning Commission 

recommended APPROVAL of the rezoning based on the “Responses of Relevant 

Considerations for Rezoning.” The Relevant Considerations found that: 



The abutting Zoning Districts are: to the north, “M-1” Light Industrial and “RPUD” 

Residential Planned Unit Development, underlying “R-6” Multifamily 

Residential/Commercial District; to the south, “CH” Heavy Commercial, “T-2” Mobile 

Home Park, “P” Public and “M-1” Light Industrial; to the east, “M-1” Light Industrial; 

and to the west, “M-1” Light Industrial and “PRES” Preservation. 

15 





is appropriate, Items C1 thru C4 inclusive, with Items C2, C3 and C4 being Quasi- 

Judicial and First Reading Prior to Public Hearing and SECONDED by Councilman 

Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


16 




V. REGULAR AGENDA 

 

R1 


RECEIPT OF RESIGNATION FROM THE BOARD OF ADJUSTMENT— 

Elizabeth Herron 

There is one vacancy on the Board of Adjustment created by the resignation of Ms. 

Elizabeth Herron. Ms. Herron was appointed to the Board of Adjustment May 11, 2006. 

Ms. Herron is resigning due to medical concerns. Ms. Herron’s term expires November 

30, 2009. Ms. Herron submitted her resignation from the Board of Adjustment by a letter 

dated July 8, 2008. 


to ACCEPT with regret, the resignation of Ms. Herron as a regular member of the Board 

of Adjustment. 

Mayor Mischler requested everyone think of Ms. Herron. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


17 




R2 

CITY COUNCIL 

DESIGNATION OF CITY’S VOTING DELEGATE — At Florida League of Cities 

82 nd Annual Conference, August 14-16, 2008 

The Florida League of Cities has requested that each city designate one person to be the 

voting delegate at the Florida League of Cities 82 nd Annual Conference, August 14-16, 

2008. One official from each city will make decisions that determine the direction of the 

League. Policy development, election of League leadership, and adoption of resolutions 

are undertaken during the business meeting. 


Bradbury to APPROVE the Designation of Vice-Mayor Butler to serve as the Voting 

Delegate at the 82 nd Annual Conference of the Florida League of Cities in Tampa, FL. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


18 




MISCELLANEOUS 

NONE 

ADJOURNMENT 


Attest: 

___________________________________ 

Christine Gardner, MMC 

Deputy City Clerk 

_____________________________________ 


Mayor 

/CGG 

19 






MINUTES 

August 12, 2008 



PRESENT: 

ABSENT: 






None 








Administrator, John Moore - Zoning Director, Dean Neal – Economic Development Specialist, 

Chuck Webber - Fire Administrative Services Director, Mary Ann Salch – Building Maintenance 

Division Director, Tom Pezone – Building Development Inspector Supervisor, Ken Lubecki - 

Media & Public Events Specialist, Pam Roberts – City Clerk, Diane M. Corna, and Deputy City 

Clerk, Christine Gardner. 





AUGUST 12, 2008


PROCLAMATION 

Firefighter Appreciation Month – August 2008 


The Pinellas Park Firefighters Local 2193 presented a check for $1,418.00 

to the Pinellas Park Angel Fund 

II. 

PC1 


PINELLAS HOPE 

Tim Robinson, 3741 Mainlands Boulevard, spoke in opposition to Council considering 

providing funding for Pinellas Hope and requested contributions are made to the Angel 

Fund on a continuing basis to assist Pinellas Park citizens in need. 

Mayor Mischler stated the City’s budget has a yearly donation to the Angel Fund. 

PC2 

PARK BOULEVARD RESURFACING 

Gary Migdall, 12148 77 th Street, asked if there any plans to resurface Park Boulevard and 

fix the patching from the drainage project? 

Public Works Administrator Nicholls stated it will be milled and resurfaced. The 

drainage project is nearing completion so it should be corrected in the next two months. 

Administrator Nicholls stated the plan is to mill those areas and also go back a certain 

distance from each cut and the City’s contractor will do the work. 

Councilman Taylor stated the City will have the final say on the work that is done. 





III. 



to APPROVE the Regular Council Minutes of July 24, 2008, as on file in the City 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





IV. 

 

P1 



ORDINANCE NO. 3630. ORDINANCE AMENDING THE LAND USE PLAN 


IN THE LAND USE FROM PRESERVATION (P) TO COMMERCIAL 


AT THE NORTHEAST CORNER OF U.S. HIGHWAY 19 NORTH AND 

GATEWAY CENTRE BOULEVARD. (LUPA 2008-4 – GCL, LLC AND DAVID 

KRAMER, CCIM) 




Preservation (P) to Commercial General (CG), or a land use designation of lesser 

intensity as identified in the City’s adopted Comprehensive Plan for a 0.42 acre portion (a 

detention pond) of an approximately 7.561 acre parcel of land generally located at the 

northeast corner of U.S. Highway 19 North and Gateway Centre Boulevard. The Land 

Use Plan Map Amendment is requested in order to provide more flexibility for a 

development plan for the larger, “B-1” General Commercial parcel. Permission has been 

granted by SWFWMD to fill and relocate this detention pond; which will allow the 

developer to use this area, which wasn’t useable as a detention pond, in the development 

plan for the parent parcel. Subject to any matters that may be discussed at this hearing, 


should have no adverse effect on adopted levels of service for City infrastructure. The 

abutting Land Use Plan Map categories are Commercial General (CG) to the north, south, 

east, and west. At their meeting of July 3, 2008, the Planning and Zoning Commission 

recommended DENIAL of the application for Land Use Plan Map Amendment. 




Attorney Jim Powell stated he is representing the applicant and the applicant’s principal, 

David Cramer, is also present. 

Mayor Mischler asked if the court reporter in attendance is representing the applicant? 

City Attorney Denhardt requested the name of the firm the court reporter represents. 

Attorney Powell stated the court reporter is from Executive Reporting Service of St. 

Petersburg. 




Attorney Denhardt stated he is requesting the information in case the City would like a 

transcript. 

Attorney Powell stated Items P1 and P2 are companion ordinances so he is speaking for 

both at the same time. 

Attorney Powell provided information on City Staff findings and Southwest Florida 

Water Management District (SWFWMD) approval of filling the detention area. 

Attorney Powell stated the the Planning and Zoning Commission (P&Z) denied the item 

and the meeting minutes reflect there was little discussion held, but there was discussion 

on density. There is no density requests being changed by eliminating the detention area 

because there will have to be retention on the site. This is not an attempt to increase 

density but that was not resolved to P&Z. 

Attorney Powell stated there have been concerns expressed by residents of Mainlands of 

Tamarac Unit 7 that whatever is built will cause discomfort to the residents. The setbacks 

between the properties are extensive with the retention ditch, buffering and landscaping. 

Attorney Powell submitted a map and photographs depicting setbacks and landscaping 

and stated City ordinances require the applicant have landscaping, a buffer area and 

fencing. 

Attorney Powell stated due to resident concerns the applicant has decided to it would be 

good to exceed City requirements and install an eight foot PVC fence along the property 

line and increase the tree count to one per every 30 feet. The City’s requirement for 

buffering is eight feet but under the Gateway DRI Covenants, Conditions and 

Restrictions on the property a ten foot buffering is required. 

Councilwoman Bradbury stated she would like to see the water mitigation for the new 

pond run northwest along the ditch line to help the buffer. 

Attorney Powell stated there is no particular decision as to what will be built on this 

property. There is an obligation that what is built will handle the surface water retention 

and where that is located will be dependent upon the site plan and how much space there 

is. 

Councilman Taylor asked why the request is being made? (reference to Item P2) 

Attorney Powell explained when the property is developed, there will be cuts into U.S. 

Highway 19 and the Florida Department of Transportation will require there are also cuts 

onto Gateway Boulevard. It is anticipated the cuts will be somewhere toward the easterly 

side of the property so it will most likely have to go across the detention pond. 

Councilman Taylor asked if the site could be developed with the detention pond in place? 




Attorney Powell stated anything is possible. 

Councilman Mullins stated if Council denied this request a driveway could be placed 

over the detention pond. 

Attorney Powell stated it would have to be bridged and that would clearly be a cost issue. 

Mayor Mischler asked if a site plan will be brought in soon? 

David Cramer, stated yes, by the end of the year. 

Mayor Mischler stated he thinks this is premature and asked if this could take place when 

the site plan is brought in? 

Attorney Powell stated no, this zoning has to be vacated which is sequentially done to do 

each step. 

Councilwoman Bradbury asked what the distance for maximum ingress and egress is for 

the property from U.S. Highway 19? 

Zoning Director Neal stated it would have to be 75 feet from U.S. Highway 19. 

Discussion was held on where an ingress/egress could be located. 

Mayor Mischler stated it takes six months for a land use change which it is required to 

proceed. 

Assistant City Manager Shevlin stated there are easements along the ditch which may 

preclude placing detention areas close to it. The PPWMD has some easements that 

require additional drainage facilities to be set back outside of those easements. 

Charles Fechko, 4004 87 th Terrace, stated he is the President of Mainlands of Tamarac 

Unit 7, and thanked Director Neal and Assistant City Manager Shevlin for their time on 

this issue. 

Mr. Fechko stated he wants to protect his community from excess traffic, noise, light and 

any development issues that would be detrimental to the enjoyment of their homes and 

property values. 

Mr. Fechko stated Attorney Powell named conditions the applicant would agree to and 

asked how those could be put into writing and have legal force? 

Mr. Fechko stated he believes there is no reason to approve these changes until the 

developer presents a site plan. 




Mayor Mischler stated this item would make the entire property (CG) land use and asked 

if the applicant would need to bring in a site plan to develop the property? 

Assistant City Manager Shevlin stated the applicant would not come before City Council 

if they submit for a permitted use. 

Mr. Fechko stated if the developer chooses to place a permitted use on this property then 

this would be the only time Council could protect the community. 

Discussion was held on buffering on other developments. 

Councilman Mullins asked what the required setbacks are for property with (CG) land 

use? 

Director Neal stated it would be governed by the “B-1” zoning requiring a six foot high 

fence or wall and a planted area eight feet wide. The rear yard setback would be fifteen 

feet. 

Discussion was held on setbacks and easements. 

Director Neal explained the existing easements. 

Councilman Mullins asked where the applicant could build on the property right now? 

Assistant City Manager Shevlin stated there is another easement for SWFWMD that 

provides additional distance for building purposes where the developer would be allowed 

to put parking and landscaping but not structures. 

Discussion was held on the easements and setbacks. 

Ed Kosinski, 7615 62 nd Street, asked if approval of this would increase the density on the 

property and is that the ultimate goal? 

Director Neal stated it would be 0.42 acres of usable land that density could be accounted 

for but it does not raise the density or intensity. 

Mr. Kosinski stated he is still opposed to this item. 

Attorney Powell provided information on the photographs he presented depicting 

buffering, easement, the ditch and the proposed setbacks. 

Attorney Powell stated the applicant has met every criteria for this change and is offering 

every kind of consideration that can be given to a neighboring residential development. 

Discussion was held on the photographs Attorney Powell presented. 




Councilman Mullins asked what can be done to guarantee the additional conditions 

proposed by the developer? 

Vice-Mayor Butler clarified the location of the existing buffering, the ditch, easements 

and the proposed fence. 

Attorney Powell explained the location of those areas in the photographs. 

Vice-Mayor Butler stated the additional accommodations the applicant is offering are 

quite an improvement. 

Assistant City Manager Shevlin displayed a drawing showing an additional SWFWMD 

15 foot easement. 

Attorney Denhardt stated it is difficult for the City to condition a change of land use with 

the conditions the applicant has offered. 

Attorney Denhardt requested clarification on specifically what conditions the applicant is 

offering. Attorney Denhardt asked if Attorney Powell would make the agreement on 

behalf of the applicant and also provide an employee of the applicant who agrees that any 

future development order that is obtained would be subject to those conditions. 

Attorney Denhardt requested it is reiterated that if this item is approved, then any future 

development orders would be subject to those conditions. 

Attorney Powell stated the applicant is willing to commit to the conditions and will enter 

into a developer agreement or whatever the City would like to have documented. The 

commitment is to install an eight foot high PVC fence across the entire eastern boundary 

of the property and one tree for every 30 linear feet. 

Attorney Denhardt asked what the setback is that was discussed? 

Attorney Powell stated the Gateway DRI Covenants, Conditions and Restrictions require 

a ten foot buffer zone and the applicant is committing to do that because they are required 

to. 

David Kramer stated he is the developer’s Vice-President. 

City Attorney Denhardt asked if Mr. Kramer is authorized to make representations on 

behalf of the applicant? 

Mr. Kramer stated yes he is. 

City Attorney Denhardt asked if Mr. Kramer concurs on the representations and 

conditions that Attorney Powell has indicated. 




Mr. Kramer stated yes but the third requirement is already in the Gateway DRI 

Covenants, Conditions and Restrictions. 

City Attorney Denhardt stated for the purpose of this hearing and any future development 

orders Mr. Kramer would still commit to the third requirement? 

Mr. Kramer stated yes. 

Mr. Kramer stated until it is determined the best plan for the site he does not know where 

it will be located. 

Attorney Powell stated Mr. Kramer cannot commit to that. 



Butler to PASS Ordinance No. 3630 with the following stipulated conditions: 

1. An eight foot PVC fence will line the entire east boundary. 

2. Extra trees and landscaping will be installed, with the trees being placed every 30 

linear feet along the entire east boundary. 

3. The eight foot buffer will be extended to a ten foot buffer. 

Attorney Denhardt stated the motion was made with conditions and asked Attorney 

Powell if he had any objections on behalf of the applicant for those conditions. Normally 

these types of conditions are not placed upon a land use change but this is the motion 

Council will be considering. 

Attorney Powell stated the applicant has no objection to the conditions and would be 

agreeable to them if they are adopted as part of the ordinance. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 








REZONING A CERTAIN PARCEL OF LAND FROM ―PRES‖ PRESERVATION 

DISTRICT TO ―B-1‖ GENERAL COMMERCIAL DISTRICT FOR A PARCEL 

OF LAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF U.S. 

HIGHWAY 19 NORTH AND GATEWAY CENTRE BOULEVARD. (Z 2008-5 – 

GCL, LLC AND DAVID KRAMER, CCIM) 



The applicant is requesting a rezoning from “PRES” Preservation District to “B-1” 



portion (a detention pond) of an approximately 7.561 acre parcel of land generally 

located at the northeast corner of U.S. Highway 19 North and Gateway Centre Boulevard. 

The rezoning is requested in order to provide more flexibility for a development plan for 

the surrounding parcel. Permission has been granted by SWFWMD to fill and relocate 

this detention pond; which will allow the developer to use this area, which wasn’t useable 

as a detention pond, in the development plan for the parent parcel. The abutting Zoning 

Districts are “B-1” General Commercial District to the north, south, east, and west. 

Subject to any matters that may be discussed at this hearing, staff has not identified any 


on adopted levels of service for City infrastructure. At their meeting of July 3, 2008, the 

Planning and Zoning Commission recommended DENIAL of the rezoning. 



Zoning Director Neal requested his testimony give for Item P1 is incorporated into the 

record of Item P2. 

City Attorney Denhardt asked if Attorney Powell had any objections to incorporating into 

this item the testimony and evidence that Council has heard on Item P1 and that would 

include Attorney Powell’s testimony and exhibits and testimony of anybody in the 

audience. 

Attorney Powell stated no he would not. 

Attorney Powell provided information pertaining to Item P3 and requested his comments 

from Item P1 are incorporated in this item. 





Charles Fechko, 4004 87 th Terrace, stated he is still opposed and this could have been 

avoided if the developer had replied to requests from Mainalands of Tamarac Unit 7. 

Attorney Denhardt asked Attorney Powell if the same conditions offered by the applicant 

in Item P1 are included in this item? 

Attorney Powell stated yes, those conditions would be acceptable to the applicant. 






Butler to PASS Ordinance No. 3631 with the following stipulated conditions: 

1. An eight foot PVC fence will line the entire east boundary. 

2. Extra trees and landscaping will be installed, with the trees being placed every 30 

linear feet along the entire east boundary. 

3. The eight foot buffer will be extended to a ten foot buffer. 

Councilman Taylor stated he did not support Item P1 and he will not support this item 

because he feels the site is developable as it stands. The permitted uses for this zoning 

classification are quite generous. 

Councilwoman Bradbury asked that staff explain the differences between Commercial 

General (CG) and “B-1” General Commercial District and the fact it will be a less intense 

use on the property as “B-1”. 

Director Neal stated they are one in the same because (CG) is the future land use map 

classification of the property and zoning has to be consistent with that classification 

which is why it is being rezoned to “B-1”. It does not represent a down zoning because 

the preservation parcel does not have any development rights in terms of vertical 

structures. 

Councilman Taylor asked if the applicant plans a permitted use will they need to come 

before Council? 

Director Neal stated as long all the land development code requirements are met they 

could have their site plan approved by staff and develop per code on this parcel. 

Councilman Mullins stated in essence the applicant has received the right to move the 

detention pond in exchange for the stipulated conditions therefore progress was made. 

Director Neal stated that is correct. 

Discussion was held on the pipelines within the easement. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 








REZONING A CERTAIN PARCEL OF LAND FROM ―CH‖ HEAVY 


FOR A PARCEL OF LAND GENERALLY LOCATED BETWEEN THE 

INTERSECTION OF GATEWAY CENTRE PARKWAY AND GRAND AVENUE 

TO GANDY BOULEVARD. (Z 2008-4 – GCL, LLC/DAVID KRAMER, VICE 

PRESIDENT) 



The applicant is requesting a rezoning from “CH” Heavy Commercial District to “B-1” 


by Chapter 18, Land Development Code, of the City of Pinellas Park for 50.257 acres 

generally located between the intersection of Gateway Centre Parkway and Grand 

Avenue to Gandy Boulevard. The proposed rezoning to “B-1” General Commercial 

District will provide less intense uses located within relative proximity to major 

thoroughfares and to residential concentrations. If any residential use and/or mixed uses 

are proposed in the future, a “PUD” (Planned Unit Development) is required, which is 

site plan controlled. Additionally, under the Development of Regional Impact, the 

Development Order must specify the development type; the trade-off mechanism will 

yield the actual development entitlement. Subject to any matters that may be discussed at 



infrastructure. At their meeting of July 3, 2008, the Planning and Zoning Commission 

recommended APPROVAL of the rezoning based on the “Responses of Relevant 

Considerations for Rezoning.” The Relevant Considerations found that: 



The abutting Zoning Districts are: to the north, “M-1” Light Industrial and “RPUD” 

Residential Planned Unit Development, underlying “R-6” Multifamily 

Residential/Commercial District; to the south, “CH” Heavy Commercial, “T-2” Mobile 

Home Park, “P” Public and “M-1” Light Industrial; to the east, “M-1” Light Industrial; 

and to the west, “M-1” Light Industrial and “PRES” Preservation. 



Attorney Powell stated he represents the applicant and provided an overview of this item. 






MOTION was made by Councilman Taylor, and SECONDED by Councilman Mullins 


Councilwoman Bradbury stated she thinks this is too much industrial land that would be 

eliminated because there isn’t a lot of industrial land left in Pinellas County. Quite a bit 

of industrial land in the Gateway Community was used for apartment complexes and the 

military development. 

Councilwoman Bradbury stated manufacturing businesses are looking for locations. 

Discussion was held on the permissible uses in the current zoning and this proposed 

change. 

Assistant City Manager Shevlin stated it was never anticipated there would be industrial 

uses at this location. 

Discussion was held on the best uses for the site. 

Councilman Taylor stated he is much more comfortable with the proposed change to 

zoning then the existing use. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 





P4 



AVENUE NORTH - (Robert Linde and Freda A. Linde – AX08-15) 



The Owners’ double wide mobile home is on the property located in the Greentree Manor 

Subdivision. 




COUNCILMAN MULLINS LEFT THE MEETING AT 9:03 P.M. 


Bradbury to PASS Ordinance No. 3636 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


COUNCILMAN MULLINS RETURNED TO THE MEETING AT 9:04 P.M. 





 









Attorney Denhardt stated the official copy of this resolution is on file in the City Clerk’s 

Office and has one name that has been deleted because the amount was paid. 

Mayor Mischler stated the deleted lien is 2008-02706, for the property at 4348 71 st 

Avenue. 

 

C2 

PUBLIC WORKS 

AWARD OF BID 08/019 — DESIGN / BUILD HVAC SYSTEM UPGRADE FOR 

CITY HALL — Air Mechanical and Services Corporation, Tampa FL 

Bids were legally advertised with Air Mechanical Services Corporation, Tampa, FL 

being the lowest qualified bidder at a bid price of $1,192,928. Included in this price is 

$170,000 for replacement of all lighting with energy efficient lighting. The amount 

budgeted in the proposed 08/09 budget is $1,300,000 and will be charged to account 

number 301-175-5-736-42. 

Authorization to award the bid 08/019 for Design / Build HVAC System Upgrade for 

City Hall to Air Mechanical Services Corporation of Tampa, FL, in the amount of 

$1,192,928 to be charged to the appropriate account. 




C3 

AWARD OF BID 08/011 – LIFT STATION 31 ODOR CONTROL SYSTEM 

REPLACEMENT — Shaw Environmental, Inc. 

Bids were legally advertised and bid invitations were mailed to 354 perspective bidders. 

Two (2) bids were received with Shaw Environmental, Inc. (17 Princess Road, 

Lawrenceville, NJ 08648) being the low bidder with a bid submittal of $198,000.00. The 

amount budgeted for this project is $180,000 (pg 405 of the FY 07/08 adopted budget). 

This project will be charged to account 301-381-5-756-39. The additional required funds 

will be transferred from another water and sewer fund project. 

Authorization to award bid 08/011 Lift Station 31 Odor Control System Replacement 

to Shaw Environmental, Inc., Lawrenceville, NJ, in the amount of $198,000.00 to be 


C4 CHANGE ORDER NO. 1 AND FINAL PAYMENT FOR PROJECT06/010 – 

SEWER FORCE MAIN PROJECT – Suncoast Development of Pinellas County, 

Inc. 


processed and the contract closed out. The final contract amount is $22,890.64 under the 

original contract amount of $1,460,918.50. This represents a decrease in the original 

contract amount of 1.56%. The final payment of $71,901.39 can be made to the 

following accounts: $33,825.78 to account number 301-381-5-775-51; $32,189.32 to be 

charged to account number 301-381-5-776-43 and $5,886.29 to be charged to account 

number 301-381-5-776-35. 

Authorization for approval and acceptance of Change Order No. 1, Project 06/010, Sewer 

Force Main Project, a decrease of $22,890.64 for a total adjusted contract amount of 

$1,438,027.86 and authorization for final payment of $71,901.39 to Suncoast 

Development of Pinellas County, Inc. to be charged to the appropriate accounts. 




C5 



MASTER PLAN CONTROLLING DEVELOPMENT IN AN EXISTING ―IPUD" 

INDUSTRIAL PLANNED UNIT DEVELOPMENT FOR A PROPERTY 

GENERALLY LOCATED AT 4590 ULMERTON ROAD. (PUD 2005-8(R)2/CU 

2008-21, Hayden-Rubin Development Inc., Suncoast Land Enterprise LLC, Triad 

South LLP, and Triad Owners Association Inc.) 


(PUBLIC HEARING AUGUST 28, 2008 – QUASI JUDICIAL) 

The applicant is requesting consideration of the adoption of a revised Master Plan for an 

existing “IPUD” Industrial Planned Unit Development with underlying “M-1” Light 

Industrial Zoning, and a Conditional Use for “Hotels and motels” on a 8.09 acre parcel of 

land generally located at 4590 Ulmerton Road for the proposed development of an 83- 

unit hotel. The applicant has requested a waiver to the Conditional Use requirement for 

lot coverage for the proposed hotel from 60% to 87.2% for Lot Three. However, overall 

lot coverage for the Master Planned site is under Code requirements with 70.2% 

coverage. Surrounding land uses are: to the north, Ulmerton Business Center, Florida 

Veterinary Specialists, Parliament RV Sales; to the south, industrial uses and single 

family dwellings; to the east Medicine Horse; and to the west, Amana/Goodman Air 

Conditioning and Refrigeration. Subject to any matters that may be discussed at the 



infrastructure. At its meeting on July 3, 2008, the Planning and Zoning Commission 

recommended APPROVAL of the above request subject to the following condition; 









4701 PARK BOULEVARD AND MORE PARTICULARLY DESCRIBED IN 

EXHIBIT "A", WHICH IS ATTACHED HERETO AND MADE A PART 

THEREOF; FROM ―B-1‖ GENERAL COMMERCIAL TO ―B-1‖ GENERAL 

COMMERCIAL WITH A ―CPUD‖ COMMERCIAL PLANNED UNIT 

DEVELOPMENT OVERLAY AND ADOPTING A MASTER PLAN AND 

SUPPORTING DOCUMENTATION; IMPOSING CONDITIONS OF 

DEVELOPMENT; CERTIFYING CONSISTENCY WITH THE CITY'S 

ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF 



DATE. (PUD 2008-3, ABNK Properties LLC/ Vincent Corbitt/Land Precision 

Corp.) 


(PUBLIC HEARING AUGUST 28, 2008 – QUASI JUDICIAL) 

The applicant is requesting to rezone from “B-1” General Commercial Zoning District to 

“B-1” General Commercial Zoning District with a “CPUD” Commercial Planned Unit 

Development overlay and adoption of a Master Plan for a 5.412 acres parcel of land 

generally located at 4701 Park Boulevard, to create an outparcel for the existing 

Albertson’s gas station. No alterations to the site are proposed. Subject to any matters that 



service for City infrastructure. Surrounding land uses are: to the north, retail plaza, Farm 

Store, and single family dwellings; to the south, Gas and More Gas Station, Advent 

Medical, and Cash Register Auto Insurance; to the east, McCloud Funeral Home 

(closed), and single family dwellings; and to the west, Park Plaza Shopping Center, 

Goodyear, Marko’s Meat & Deli, Southern Pawn and the City’s community messaging 

tower. At its meeting on July 3, 2008, the Planning and Zoning Commission 


1. Criteria assigned to subdivision in notes on Site Plan, last revised on April 29, 

2008, shall be accepted as governing regulations for the development. All 

regulations not addressed shall revert to Code in effect at the time of “PUD” 

Planned Unit Development adoption. 




C7 

ORDINANCE NO. 3635. REZONING FROM ―B-1‖ GENERAL COMMERCIAL 

DISTRICT TO ―MXD‖ MIXED USE DISTRICT ON A PARCEL OF LAND 

GENERALLY LOCATED AT 5840 PARK BOULEVARD. (Z 2008-6 – Dr. Neelam 

Uppal/ James Pucillo, Architect) 


(Public Hearing, August 28, 2008 - QUASI- JUDICIAL) 

The applicant is proposing a rezoning from “B-1” General Commercial District to 

“MXD” Mixed Use District on an approximately 0.53 acre parcel of land generally 

located at 5840 Park Boulevard for a proposed mixed use development consisting of 

medical offices, professional offices and residential units. The Redevelopment Plan 

proposed this district for the entire block. At the Planning and Zoning Commission 

meeting of July 7, 2008, the motion failed due to a split vote. 

C8 

CONSIDERATION OF THE 2007 ANNUAL REPORT FOR THE GATEWAY 

CENTRE DEVELOPMENT OF REGIONAL IMPACT (MS 2008-31 – TARPON 

RIDGE, INC.) 

The developer of Gateway Centre DRI, Tarpon Ridge, Inc. (Grady Pridgen) has filed the 

2007 Annual Report. The annual report is an instrument used to assess a developer’s 

compliance with the approved development order and to monitor development progress. 

Divisions of Community Development and Public Works have reviewed the report and 

have no objections to the information contained therein. During the reporting year, 

October 31, 2006 to October 30, 2007, engineering and landscape permits were issued for 

lot 2, Permit No. 2005-576, as well as a foundation permit, Permit No. 2007-2575, in 

order to construct a 13,500 square foot retail building. 

Accept and file the revised Gateway Development of Regional Impact 2007 Annual 

Report with a finding that the project is in compliance with the DRI Development Order. 




C9 


ROBERT LINDE AND FREDA A. LINDE (AX08-15) — Annexation of 0.15 acres 

MOL located at 6093 106 th Avenue North. 


owners’ double wide mobile home is located on the site. 

Robert Linde and Freda A. Linde City Projected Annual City Funds City Fees 

6093 106 th Avenue North Revenue 

Expended Waived 

$0.0 $0.0 

1-Year Projected Total $1,101.85 

0 


0 

The voluntary annexation of 0.15 acres MOL of property owned by Robert Linde and 

Freda A. Linde and located at 6093 106 th Avenue North in the Greentree Manor 

Subdivision. 

 

C10 

OMB 

AUTHORIZATION OF DONATION OF 1987 FIRE TRUCK TO THE KIWANIS 

CLUB OF PINELLAS PARK, INC. 

The City has attempted to sell this truck on EBay several times. In both instances, the 

prospective buyers back out of the purchase of the Truck. The Kiwanis Club of Pinellas 

Park, Inc. is interested in acquiring the truck. They envision that they will use the truck in 

the City’s holiday parade instead of renting a float. Furthermore, the truck will be used 

as a promotional piece for Kiwanis at all of their events such as Country in the Park, the 

Fishing Derby, and other children events. The Club will decorate the truck and add the 

Kiwanis logo, signs, etc. 

Authorization of donation of 1987 fire truck to the Kiwanis Club of Pinellas Park, Inc. 


is appropriate, Items C1 thru C10 inclusive, with Items C1 and C5 thru C7 being First 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





VI. 

 

R1 




MASTER (SM) LIEN NO. 02-08-0397 – 4649 71 st Avenue (Elmer W. Logemann) 

Elmer W. Logemann, owner of the property located at 4649 71 st Avenue, has requested a 

reduction or elimination of the $1,350 Special Hearing Master (SM) Lien No. 02-08-0397 

on his property. On June 25, 2008, the Special Hearing Master recommended that SM 

Lien No. 02-08-0397 be reduced to the City's total estimated cost in handling this case of 

$352.71, provided the reduced amount is paid by August 15, 2008. 

Edward Logemann, 4649 71 st Avenue, stated he is requesting a code lien reduction and 

has made a good faith payment of $352.71 for administrative fees. 

Mayor Mischler stated the Special Hearing Master recommended this reduction. 


to APPROVE the request for a reduction of SM Lien No. 02-08-0397, against Elmer W. 

Logemann and the property located at 4649 71 st Avenue, to the reduced amount of 

$352.71, provided this reduced amount is paid by August 15, 2008, otherwise the lien 

will automatically revert back to the original amount of $1,350. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






R2 AUTHORIZATION FOR CITY ATTORNEY TO INITIATE CIVIL 

PROCEEDINGS TO HAVE THE STRUCTURES DEMOLISHED ON THE 

EUGENE WEAVER PROPERTY, 5650 92 nd AVENUE 

The property is in violation of Land Development Code Section 18-915 Designation of 

Dangerous Structures and Legal Procedures for Condemnation due to a fire on November 

16, 2007. 

(A) Dangerous Structures: Any building, structure, dwelling, or dwelling unit found to 

have any of the following defects shall be deemed to be a Dangerous Structure and shall 

be condemned as unfit for human habitation and declared to be a nuisance and shall be so 

designated and posted by the Building Development Division: 

1. One which is unsafe, unsanitary, or unfit for human habitation. 

2. One which is so damaged, decayed, dilapidated, or vermin-infested that it creates 

a serious hazard to the health or safety of the occupants or of the public. 

3. One which lacks illumination, ventilation, or sanitation facilities adequate to 

protect the health or safety of the occupants or of the public. 

4. One which constitutes a fire hazard, or does not provide adequate egress that it 

creates a serious hazard to the health or safety of the occupants or of the public. 

5. One which is otherwise dangerous to human life or which in relation to existing 

use constitutes a hazard to safety by reason of inadequate maintenance, 

dilapidation, obsolescence, or abandonment, or other such inadequacies as 

determined by the Building Development Division. 

(B) Any such Dangerous Structure having one or more of the above listed defects shall be 

declared illegal and shall be condemned as unfit for habitation. The Dangerous Structure 

shall be brought into compliance by either repair and rehabilitation or by demolition in 

accordance with the procedure described hereafter. 


to APPROVE authorization for City Attorney to initiate civil proceedings to have the 

structures demolished on the Eugene Weaver property, 5650 92 nd Avenue. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





MISCELLANEOUS 

M1 

FLORIDA LEAGUE OF CITIES 

Councilman Mullins stated Florida League of Cities will be held in Tampa from 

Thursday, August 13, 2008, to Saturday, August 16, 2008. 

ADJOURNMENT 


Attest: 

_________________________________ 



____________________________________ 


Mayor 

/cgg 






MINUTES 

August 28, 2008 



PRESENT: 

ABSENT: 






None 


Assistant City Manager/Community Development Administrator, Tom Shevlin – Government 

Relations Administrator, Tim Caddell - Police Chief, Dorene Thomas - Fire Chief, Doug Lewis - 

Public Works Administrator, Tom Nicholls - Library and Recreation Services Administrator, 

Debra Rose - Office of Management and Budget Administrator, Dan Katsiyiannis - MIS 

Administrator, Randy Linthicum – Neighborhood Services Administrator, Susan Walker - 

Finance Administrator, Ron Miller – Human Resources Administrator, John Moore - Zoning 

Director, Dean Neal – Economic Development Specialist, Shannon Coughlin - Fire 

Administrative Services Director, Mary Ann Salch – Personnel Director, Jane Clark - Media & 

Public Events Specialist, Pam Roberts – City Clerk, Diane M. Corna, and Deputy City Clerk, 

Christine Gardner. 




PROCLAMATIONS 

Suicide Awareness Month – August 2008 




SPECIAL PRESENTATION — SCHOLARSHIPS 

The Public Service Education Foundation presented the 2008 Scholarship recipients: 

Mary Vencill Francisco Alvarado 

Aida Basic Argenis Burgos 

Kasandra Vok Nerea Irusta 

Laci Herrera Marc Reed 

Crystal Retamozo Andy Nguyen 

Destinee Kessler 

Korean War Veterans Association, Suncoast Chapter 14, President Clarence Dadswell 

and Vice-President Gene Stone provided information on the scholarship they have 

available to students. 

SPECIAL PRESENTATION – ―Big Check‖ 

Police Chief Thomas presented a “big check” showing the amount of money our 

Volunteers in Police Services (VIP’s) have donated in terms of their services for the year 

2007. 

SPECIAL PRESENTATION – Joe Link 

Police Chief Thomas recognized Volunteer Joe Link for his 10,000th hour of service. 

II. 

PC1 


DAVIS FIELD NEIGHBORHOOD 

Eddie Kosinski, 7615 62 nd Street, stated concern with crime in the Davis Field 

Neighborhood he lives in and requested Police intervention. 

Janice Beall, 7643 62 nd Street, stated she lives in this neighborhood and there is a 

problem with crime and she does not feel safe. 

PC2 

ST. PETERSBURG TIMES ARTICLE 

Randy Heine, 7451 Park Boulevard, spoke about an article in the newspaper and spoke in 

opposition to sting operations. 

Vice-Mayor Butler stated he did not use any undue influence during the traffic sting to 

avoid a ticket, he was only issued a warning. His immediate concern during that situation 

was for the safety of the officer when he saw an empty police vehicle with its lights 

flashing. 






Approval of Regular Council Minutes of August 12, 2008 as on file in the City Clerk’s 

Office. 


Bradbury to APPROVE the Regular Council Minutes of August 12, 2008, as on file in 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





III. 
















Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P2 




AVENUE NORTH - (Robert Linde and Freda A. Linde – AX08-15) 



The Owners’ double wide mobile home is on the property located in the Greentree Manor 

Subdivision. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


ITEM P3 WAS WITHDRAWN 

Mayor Mischler stated this item was advertised as a Public Hearing to any audience 

member that would like to speak and there were no requests to speak. 








4701 PARK BOULEVARD AND MORE PARTICULARLY DESCRIBED IN 

EXHIBIT "A", WHICH IS ATTACHED HERETO AND MADE A PART 

THEREOF; FROM ―B-1‖ GENERAL COMMERCIAL TO ―B-1‖ GENERAL 

COMMERCIAL WITH A ―CPUD‖ COMMERCIAL PLANNED UNIT 

DEVELOPMENT OVERLAY AND ADOPTING A MASTER PLAN AND 

SUPPORTING DOCUMENTATION; IMPOSING CONDITIONS OF 

DEVELOPMENT; CERTIFYING CONSISTENCY WITH THE CITY'S 

ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF 



DATE. (PUD 2008-3, ABNK Properties LLC/ Vincent Corbitt/Land Precision 

Corp.) 





Development overlay and adoption of a Master Plan for a 5.412 acres parcel of land 

generally located at 4701 Park Boulevard, to create an outparcel for the existing 

Albertson’s gas station. No alterations to the site are proposed. Subject to any matters that 



service for City infrastructure. Surrounding land uses are: to the north, retail plaza, Farm 

Store, and single family dwellings; to the south, Gas and More Gas Station, Advent 

Medical, and Cash Register Auto Insurance; to the east, McCloud Funeral Home 

(closed), and single family dwellings; and to the west, Park Plaza Shopping Center, 

Goodyear, Marko’s Meat & Deli, Southern Pawn and the City’s community messaging 

tower. At its meeting on July 3, 2008, the Planning and Zoning Commission 


1. Criteria assigned to subdivision in notes on Site Plan, last revised on April 29, 2008, 

shall be accepted as governing regulations for the development. All regulations not 

addressed shall revert to Code in effect at the time of “PUD” Planned Unit 

Development. 

2. Prior to the issuance of a Business Tax Receipt to conduct a business from Lot 2 , as 

represented on the CPUD Master plan, attached hereto as Exhibit B, either an 

agreement between the prospective owners of Lot q sand Lot 2 shall be executed for 

the purpose of shared restroom facilities between the two structures of the prospective 

owner of Lot 2 shall construct restroom facilities consistent with the requirements of 

the Florida Building Code for use by the patrons thereof. 







Kenneth Metcalf, Director of Planning, Greenberg Traurig LLP, stated this an outparcel 

subdivision and the PUD is being filed before the final plat. 

Councilman Taylor asked Mr. Metcalf if he is aware of a second condition that was 

added? 

Mr. Metcalf stated yes and he supports it. 



Bradbury to PASS Ordinance No. 3633 with the following conditions: 

1. Criteria assigned to subdivision in notes on Site Plan, last revised on April 29, 2008, 

shall be accepted as governing regulations for the development. All regulations not 

addressed shall revert to Code in effect at the time of “PUD” Planned Unit 

Development. 

2. Prior to the issuance of a Business Tax Receipt to conduct a business from Lot 2, as 

represented on the CPUD Master plan, attached hereto as Exhibit B, either an 

agreement between the prospective owners of Lot 1 and Lot 2 shall be executed for 

the purpose of shared restroom facilities between the two structures of the prospective 

owner of Lot 2 shall construct restroom facilities consistent with the requirements of 

the Florida Building Code for use by the patrons thereof. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P5 

ORDINANCE NO. 3635. REZONING FROM ―B-1‖ GENERAL COMMERCIAL 

DISTRICT TO ―MXD‖ MIXED USE DISTRICT ON A PARCEL OF LAND 

GENERALLY LOCATED AT 5840 PARK BOULEVARD. (Z 2008-6 – Dr. Neelam 

Uppal/ James Pucillo, Architect) 


(QUASI- JUDICIAL) 

The applicant is proposing a rezoning from “B-1” General Commercial District to 

“MXD” Mixed Use District on an approximately 0.53 acre parcel of land generally 

located at 5840 Park Boulevard for a proposed mixed use development consisting of 

medical offices, professional offices and residential units. The Redevelopment Plan 

proposed this district for the entire block. At the Planning and Zoning Commission 

meeting of July 7, 2008, the motion failed due to a split vote. 




Dr. Neelam Uppal, 5840 Park Boulevard, stated the lot will be developed as a three story 

building with retail space, offices and apartments. 

Mayor Mischler asked what will be done with the existing building? 

Dr. Uppal stated the building will be demolished. 

Mary Brennan, 5827 72 nd Avenue, stated she is not necessarily in favor or opposed and 

asked if the zoning change allow a more intense use as far as density? 

Zoning Director Neal stated it will be more intense because it allows a combination of 

retail/office and residences on the same lot. This is recommended by the City’s 

redevelopment plan to bring residents into the Park Boulevard corridor. It is difficult to 

compare intensity because the “B-1” permitted use would allow a business that would be 

more bothersome than what is being proposed on the lot. 

Director Neal stated a site plan will have to be approved by the Community 

Redevelopment Agency as part of the public hearing process and the neighbors will be 

notified of that hearing. 

Ms. Brennan stated she supports the rezoning and her concerns would be better addressed 

during the site plan review. 




Director Neal stated the property currently has three lots that will be combined. 

Ms. Brennan stated concern with the dirt road behind the property that is a major 

ingress/egress. 

Mayor Mischler asked if the applicant would be required to pave the alley? 

Director Neal stated not necessarily, it will depend on the traffic flow on and off the lot. 

If the alley will be used as an ingress/egress then it would be the developers decision 

whether to pave it. 

Mayor Mischler stated the site plan will come before the Community Redevelopment 

Agency for site plan approval at a public hearing. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P6 CONSIDERATION OF A REQUEST FOR PRELIMINARY SITE PLAN 

APPROVAL FOR A PARCEL OF LAND IN THE ―M-1‖ LIGHT INDUSTRIAL 

ZONING DISTRICT THAT FUNCTIONALLY ABUTS A RESIDENTIAL 

ZONING DISTRICT FOR THE CONSTRUCTION OF AN ADDITION WITH A 

VARIANCE TO REDUCE REQUIRED PARKING ON A PARCEL OF LAND 

GENERALLY LOCATED AT 6500 121 ST AVENUE. (MS 2008-71/BOA 2008-45 

Paul Bunday/Michael Heimsath/Dean Jarvis) 


The applicant, PKS Rentals, is requesting approval of a Preliminary Site Plan for a parcel 

of land in the “M-1” Light Industrial Zoning District that functionally abuts a residential 

zoning district with a variance to reduce the required parking from 6 spaces to 5 spaces. 

The applicant proposes the construction of an addition to a warehouse on a 0.31 acre 

MOL parcel of land generally located at 6500 121 st Avenue. The applicants state that 

they have three employees (including themselves). They do not have set hours of 

operation, because it is by appointment only and they are not open to the public. The site 

is primarily used for loading and off-loading equipment and supplies for limited special 

events and functions; see attached letter describing business operations. Therefore, the 

applicant states that parking requirements based on Code are in excess of typical usage at 

this business. Surrounding land uses are: to the north, McElaney Tractor Trailers; to the 

south, parking lot for a retail commercial plaza; to the east, a single family dwelling and a 

contractors warehouse; and to the west, commercial development consisting of a vacant 

restaurant and retail commercial plaza and a second commercial plaza with limited 

tenants. Subject to any matters that may be discussed at the hearing, staff has not 


adverse effect on adopted levels of service for City infrastructure. Section 18-1506.23 of 

the Land Development Code requires City Council approval of Site Plans for property 

located within the “M-1” Light Industrial Zoning District that abuts or functionally abuts 

residentially zoned property. City Council may require the installation of additional 

buffering in order to eliminate adverse impact of the proposed industrial use on the 

adjacent property. 


ALL PARTIES WERE SWORN IN PIOR TO THEIR TESTIMONY 

Paul Bunday, 12526 84 th Way, Largo, stated this is his business and he needs to put an 

addition on the building to provide more space for events. 

Mayor Mischler asked if there will be any mechanical equipment on the east side? 

Mr. Bunday stated he owns two box trucks but no mechanical equipment. 




Jean Jarvis, 12033 65 th Lane, stated he owns the property to the east that zoned C3 and 

there is no joining residential property. 

Zoning Director Neal stated this is an example of zoning that does not match the future 

land use classification of a Pinellas County property. Although the property is zoned 

“R3” it has a future land use class of “Industrial”. The City’s ordinance requires the 

property to be treated this way because it is zoned “R3” with a future land use class of 

Industrial. 

Director Neal stated to the north of this business there is a property functioning as single 

family home but the rest of the properties are businesses 

Mr. Jarvis state there is no residences abutting this property, the only residential 

properties are to the north. 

Councilwoman Bradbury asked for clarification on the ownership of the property which 

is listed as Paul Bunday/Michael Heimsath/Dean Jarvis 

Mayor Mischler clarified that Mr. Jarvis was listed as the agent on the applicant therefore 

is referenced in the item. 



Taylor to APPROVE a Preliminary Site Plan for a parcel of land in the “M-1” Light 

Industrial Zoning District that functionally abuts a residential zoning district with a 

variance to the parking requirements for the development of a warehouse addition for a 

warehouse use generally located at 6500 121 st Avenue, subject to the following 

conditions: 

1. The variances for a reduction in parking spaces from 6 to 5 for the 

warehouse use only. 

2. The variance shall run with the business, not with the land. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





IV. 

CONSENT AGENDA 

 

CITY COUNCIL 

C1 

RESOLUTION NO. 08-21. A RESOLUTION APPROVING THE ISSUANCE OF A 

REVENUE NOTE BY THE TAMPA BAY REGIONAL PLANNING COUNCIL IN 

THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $2,500,000 TO 

REFINANCE THE ACQUISITION AND CONSTRUCTION OF AN OFFICE 

BUILDING FOR USE BY THE TAMPA BAY REGIONAL PLANNING COUNCIL 

AND OTHER GOVERNMENTAL AND NON-PROFIT ORGANIZATIONS. 


The Tampa Bay Regional Planning Council (TBRPC) proposes to issue its 2008 Note, in 

an aggregate principal amount not to exceed $2.5 million, which will be used for the 

purpose of refinancing the TBRPC’s outstanding Revenue Note, Series 2002, that was 

used to acquire the site for and to construct the TBRPC headquarters building located at 

4000 Gateway Centre Boulevard, Pinellas Park. TBRPC held a public hearing on August 

8, 2008, which was advertised in the Pinellas News on July 25, 2008 and proof of this 

public hearing is on file in the City Clerk’s Office. 

Randy Heine, 7451 Park Boulevard, asked if the taxpayers are in anyway liable for funds 

for this item? 

Councilman Taylor requested Manny Pumariega, Executive Director of the Tampa Bay 

Regional Planning Council (TBRPC) provide information on this item which is a savings 

to the taxpayers. 

Mr. Pumariega stated this resolution is required by the Internal Revenue Service. An 

elected body must authorize the issuance of the note for TBRPC to refinance the 

building. Council passed a resolution five years ago for the building to be built which is 

used for community projects and by non-profit organization. 

Mr. Pumariega provided information on the refinance and clarified the City is not liable 

for any of the revenue note. 

Mayor Mischler stated Council is very proud to have TBRPC Council located in Pinellas 

Park and they are doing a great job. 

Mr. Pumariega thanked Council for their support. 




C2 


RESOLUTION NO. 08-23. ADOPTING A REVISED CLASSIFICATION AND 

PAY PLAN AND REVISIONS TO OTHER COMPENSATION AND LEAVE 

PROGRAMS FOR POSITIONS NOT INCLUDED IN BARGAINING UNITS 

WITHIN THE CITY OF PINELLAS PARK; PROVIDING FOR AN EFFECTIVE 

DATE. 


This resolution adopts a revised Classification and Pay Plan and authorizes revisions to 

the Personnel and Safety Rules and Regulations. 

 

MIS 

C3 AUTHORIZATION OF A LEASE CONTRACT OF RICOH MULTI- 

FUNCTIONAL PRINTER AND MAINTENANCE AGREEMENT - Ricoh Business 

Systems 

This authorizes a five year lease contract for two Ricoh Aficio MP C3000 Printer and 

Maintenance Agreement with Ricoh Business Systems (17757 U.S. Highway 19 North 

Suite 100, Clearwater, Fl 33764) under University of Florida Contract # ITN07DD- 

162TC at an annual estimated cost of $13,825.08 and a total estimated cost of $69,125.40 

to be charged to accounts 001-741-5-451-03 and 001-154104 allocated as per memo from 

accounting. 

Authorization for a lease contract of two Ricoh Aficio MP C3000 Printer and 

Maintenance Agreement with Ricoh Business Systems (Clearwater, FL) at a total cost of 

$69,125.40 to be charged to the appropriate account. 


is appropriate, Items C1 thru C3 inclusive, with Items C1 and C2 being First and Final 

Reading, and SECONDED by Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





V. REGULAR AGENDA 

R1 

 


RE-APPOINTMENT TO THE CIVIL TRIAL COMMISSION – One Regular 

Member, three-year term; One Alternate Member, three-year term 

The term of Carl T. Gingola, as a Regular Member and Chairperson of the Civil Trial 

Commission, is due to expire September 30, 2008. The term of Nancy E. Morais, as an 

Alternate Member of the Civil Trial Commission, is due to expire September 30, 2008. 

Mr. Gingola and Ms. Morais have served on the Civil Trial Commission since September 

1984 and August 2001, respectively. They have both indicated interest in continuing to 

serve in their positions on the Civil Trial Commission. 


to APPROVE re-appointment of Mr. Carl T. Gingola to serve as a Regular Member and 

Chairperson of the Civil Trial Commission for a three-year term to expire September 30, 

2011. Re-appointment of Ms. Nancy E. Morais to serve as an Alternate Member of the 

Civil Trial Commission for a three-year term to expire September 30, 2011. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






R2 


MASTER (SM) LIEN NO. 10-06-5646 – 8401 58th Street (Ronald N. Peters, Prior 

Owner) 

Stephanie See with Results Real Estate, representing Southern Investments, LLC, 

current owner of the property located at 8401 58th Street, has requested a reduction or 

elimination of the $5,500.00 Special Hearing Master (SM) Lien No. 10-06-5646 on the 

property. On July 23, 2008, the Special Hearing Master recommended that SM Lien 

No.10-06-5646 be reduced to the amount of $500.00, provided the reduced amount is 

paid by a date determined by City Council. The City's estimated cost in handling this 

case is $300.65. 


to APPROVE the request for a reduction of SM Lien No. 10-06-5646, against Ronald 

N. Peters and the property located at 8401 58th Street, to the reduced amount of 

$500.00, provided this reduced amount is paid by September 28, 2008, otherwise the 

lien will automatically revert back to the original amount of $5,500.00. 

Stephanie See, Results Real Estate, stated she is the Real Estate Agent for this property 

and is requesting this reduction. This was a foreclosure and the day they took 

possession of the property it was cleaned up within 24 hours. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


ITEM R3 WAS WITHDRAWN AT THE REQUEST OF THE APPLICANT 




MISCELLANEOUS 

M1 

SURGERY 

Vice-Mayor Butler stated he will be having a spot removed from his forehead and there is 

no reason for concern. 

M2 


Mayor Mischler stated Movies in the Park will be held Saturday, August 30, 2008, at 

7:00 p.m. at the England Brother’s Bandshell showing Underdog. 

M3 

HORSE CIRCUIT SHOW 

Mayor Mischler stated there will be a Bay Area Horseman’s Association Circuit Show on 

September 28, 2008 at Helen Howarth Park. 

ADJOURNMENT 


Attest: 

_____________________________________ 



___________________________________ 


Mayor 

/cgg 






MINUTES 

September 11, 2008 



PRESENT: 

ABSENT: 






None 








Administrator, John Moore – Community Planning Director, Robert Bray - Fire Administrative 

Services Director, Mary Ann Salch – Utility Billing Director, James Walker – Library Director, 

Karen Fortin – Zoning Coordinator Joe Aukstikalnis – Assistant Finance Administrator, Sonny 

Kotala – Police Captain, Michael Haworth – Traffic Director, Rick Eggers - Media & Public 

Events Specialist, Pam Roberts – City Clerk, Diane M. Corna, and Deputy City Clerk, Christine 

Gardner. 

INVOCATION was given by Father John Gerth, Sacred Heart Church. 



PROCLAMATION 

PATRIOT DAY – SEPTEMBER 11, 2008 



SEPTEMBER 11, 2008

II. 

PC1 


CAMPAIGN SIGNS 

Randy Heine, 7451 Park Boulevard, asked for clarification on the time frame political 

signs are permitted to be posted. 

Neighborhood Services Administrator Walker explained regulations for displaying 

political signs. 

PC2 

PARK BOULEVARD REPAVING 

Gary Migdall, 12148 77 th Street, stated the repaving on Park Boulevard and 66 th Street is 

an excellent job. 


III. 


Approval of Regular Council Minutes of August 28, 2008, as on file in the City Clerk’s 

Office. 


to APPROVE the Regular Council Minutes of August 28, 2008, as on file in the City 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





IV. 

 

P1 


OMB 

RESOLUTION NO. 08-22. ADOPTING A TENTATIVE MILLAGE RATE FOR 

FY 08/09. 

FIRST READING AND FIRST PUBLIC HEARING 

This Resolution establishes City millage rate for fiscal year 2008-2009 property taxes, 

which will be billed by the County Tax Collector in November. The proposed rate is the 

same millage rate as this fiscal year or 4.5478 per $1,000 of next taxable value. The 

proposed millage rate of 4.5478 relative to the roll-back rate of 4.9756 represents an 

overall tax decrease of 8.60%. 

Office of Management and Budget Administrator Katsiyiannis gave a presentation 

outlining Items P1 and P2. 

Councilman Taylor asked for an explanation on the elimination of 27.5 positions. 

Administrator Katsiyiannis stated positions became vacant so management was able to 

eliminate those positions without having to lay off employees. 

Councilman Taylor stated the City receives 17% of every dollar. 


Ed Kosinski, 7615 62 nd Street, stated the budget looks good. Amendment 1 caused his 

taxes to increase and his property value to decrease and he does not think the state 

legislature is doing its job but the City is. 




Mayor Mischler clarified this would be at a millage rate 4.5478 per $1,000 of each net 

taxable value. 

Administrator Katsiyiannis stated that is correct. 

Councilman Mullins stated he does not think the millage rate should be rolled back this 

far because he thinks it will cause a future problem for the City. In a long term situation 

the City will not be able to provide services with this tax base. 




Councilman Mullins stated he does not like to raise taxes but he thinks the responsible 

thing to do is roll back the rate but not this far. 

Councilman Mullins stated he feels if the rate is rolled back then in the future he will be 

asked to cut projects that citizens will suffer from. The next projects that would be cut are 

quality of life issues affecting children. 

Councilman Mullins recommended a 4.6050 millage rate. 

Mayor Mischler asked how much more a rate of 4.6050 would be per resident on their tax 

bill? 

Administrator Katsiyiannis stated on average it would be $4.00 to $5.00 per year for a 

residential property. Commercial and industrial would be effected by the amount of 

taxable value on a parcel. 

Mayor Mischler asked how much money would be generated by the rate proposed by 

Councilman Mullins? 

Councilman Mullins stated it would generate about one million dollars over four years. 

Mayor Mischler clarified the figure would be approximately $178,000 per year? 

Administrator Katsiyiannis stated that is correct. 

Mayor Mischler stated he agrees with Councilman Mullins due to how close the City’s 

come to cutting out essential programs for children. 

Mayor Mischler stated for fuel costs the City is approximately $400,000 over budget for 

fiscal year 07/08 and he anticipates it will be more next year. 

Mayor Mischler provided information on the State of Florida’s budget, mandated pension 

funds and expressed concern with increases that will have to be made next year to 

compensate. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 





P2 ORDINANCE NO. 3641. AN APPROPRIATIONS AND TAX LEVY 

ORDINANCE OF THE CITY OF PINELLAS PARK, FLORIDA, COVERING 

THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING 

SEPTEMBER 30, 2009; BEING AN ORDINANCE APPROPRIATING FUNDS 

REQUIRED FOR THE PURPOSE OF MEETING THE GENERAL OPERATING 

EXPENSES OF THE CITY FOR SALARIES, WAGES, FEES NECESSARY OR 

PROPER, DISBURSEMENTS AND OTHER EXPENDITURES NECESSARY OR 

PROPER FOR THE OPERATION OF THE CITY GOVERNMENT, THE 

WATER AND SEWERAGE UTILITY SYSTEM AND FOR THE PURPOSE OF 

MEETING DEBT RETIREMENT REQUIREMENTS AND CAPITAL 

IMPROVEMENTS DURING SAID FISCAL YEAR. 


This Ordinance legally appropriates the City budget for the fiscal year October 1, 2008 

through September 30, 2009. It reflects the changes as discussed at Council’s Budget 

Workshop. 

Office of Management and Budget Administrator Katsiyiannis gave a presentation during 

Item P1 that included information on Item P2. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P3 


CONSIDERATION OF A CONDITIONAL USE FOR ―HEIGHT-BUILDINGS 

AND STRUCTURES OVER 50 FEET‖ AND A PRELIMINARY SITE PLAN 

APPROVAL FOR A 71-ROOM ―HOTEL‖ IN THE ―B-1‖ GENERAL 

COMMERCIAL DISTRICT THAT ABUTS A RESIDENTIAL ZONING 

DISTRICT, FOR A CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 

11000 U.S. HIGHWAY 19. (CU 2008-22/MS 2008-65 Host Associates, LLC./Jeff 

Sloman P.E.) 


The applicant is proposing the development of a 71-room hotel, La Quinta Inn & Suites. 

The applicant is proposing a building height of 77’ 5 1/4”, which exceeds the permitted 

building height of 50 feet in the “B-1” General Commercial District. On January 10, 

2008, City Council approved the development of a 71-room hotel on this site, Country 

Inn and Suites, at 50 feet. However, the redesign for the La Quinta Inn & Suites is to 

accommodate the tower that contains the LaQuinta emblem, a requirement by the 

franchise. This resulted in an increase in the building height, which exceeded the 50 feet 

requirement, a Conditional Use in the “B-1” General Commercial District. Therefore, the 

applicant is requesting a Conditional Use for “Height-buildings and structures over 50 

feet” and a Preliminary Site Plan approval. Surrounding land uses are: to the north and 

west is an existing “RPUD” Residential Planned Unit Development, Plantation Gardens, 

a four-story condominium complex; to the south, Staples, a commercial use; to the east, 

across U.S. Highway 19, Pinellas Park Square Shopping Center and Burger King. Subject 

to any matters that may be discussed at the hearing, staff has not identified any 


on adopted levels of service for City infrastructure. At its meeting on August 7, 2008, the 

Planning and Zoning Commission recommended APPROVAL of the above requests 

subject to one condition. 

Zoning Coordinator Aukstikalnis gave a presentation outlining this item. 



Jeff Sloman, 10036 Tate Lane, Tampa, stated this the same owner that permitted the 

Comfort Inn so only the franchise has changed. 

Ed Kosinski, 7615 62 nd Street, stated there are two other LaQuintas in the area and asked 

for information on what will happen to those buildings. 




Mr. Sloman stated one of those hotels is a corporate hotel and the LaQuinta Corporation 

does not share with franchisee’s what hotels are opening and closing so he does know 

what will happen to the other two hotels. 



APPROVE a request for a Conditional Use for “Height-Buildings and structures over 50 

feet” and a Preliminary Site Plan Approval for a 71-room “Hotel” in the “B-1” General 

Commercial District that abuts a residential zoning district for a parcel of land generally 

located at 11000 US Highway 19, subject to the following condition: 

1. All previous conditions of approval, listed in Section II A of this report, shall remain in 

full force and effect. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P4 

CONSIDERATION OF AN EXPANSION TO A CONDITIONAL USE FOR AN 

―AUTOMOBILE DEALER-NEW CARS AND USED CARS‖ IN THE ―B-1‖ 

GENERAL COMMERCIAL ZONING DISTRICT BY ADDING 0.23 ACRES TO 

THE SITE FOR THE EXPANSION OF THE VEHICLE DISPLAY AREA WITH 

VARIANCES TO INCREASE THE MAXIMUM FENCE AND WALL HEIGHT, 

FOR A CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 8501 U.S. 

HIGHWAY 19. (CU 2008-24/BOA 2008-41 Southerlin Imports, LLC./Roland Dove, 

P.E.) 


The applicant proposes the expansion of AutoWay Toyota’s new car dealership to 

include two vacant parcels and, if approved, the vacated portion of an alley, a companion 

case to this request (V 2008-6), a total of 0.23 acres MOL of land southeast of the site to 

be utilized for a vehicle display area. The applicant proposes the construction of a fence 

and/or wall along the following property lines: an eight-feet-high, solid wall located in 

the front yard setback along the east property line functionally abutting a mobile home 

park and abutting single family dwellings along the south property line; and a six-feethigh, 

chain link fence located in the front yard setback along the west property line 

functionally abutting an automobile dealer. Therefore, the applicant is requesting 

variances to increase the maximum height of a fence and wall in the front yard setback 

and along the property lines to eight feet. Surrounding uses are: to the north, Tampa Bay 

Regional Planning Council, Help a Child and vacant commercial land; to the south, West 

Coast Car and Truck Sales and a single family dwelling; to the east, Golden Gate Mobile 

Home Park; to the west of the proposed vehicle display area, West Coast Car and Truck 

Sales; and to the west of U.S. Highway 19, a vacant commercial building and AutoWay 

Toyota’s temporary storage yard and future site for their new car dealership. Subject to 






Zoning Coordinator Aukstikalnis provided information on this item. 

Mayor Mischler stated the applicant has requested this item is tabled but it was advertised 

a public hearing. 






to TABLE request for an expansion to a Conditional Use. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P5 


20-FEET-WIDE BY 52-FEET-LONG PORTION OF AN APPROXIMATELY 20- 

FEET-WIDE BY 609-FEET-LONG NORTH/SOUTH RIGHT-OF-WAY (AN 

ALLEY) GENERALLY LOCATED BETWEEN 40 TH WAY NORTH AND 40 TH 

STREET NORTH AND SOUTH OF 84 TH AVENUE NORTH, SECTION 27, 

TOWNSHIP 30 SOUTH, RANGE 16 EAST. (V 2008-6 Sutherlin Imports, LLC and 

Arthur Pollard of Spring Engineering, Inc.) 


The applicant is requesting the vacation of an approximately 20-feet-wide by 52-feetlong 

portion of an approximately 20-feet-wide by 609-feet-long north/south right-of-way 

(an alley). The right-of-way and abutting properties are being combined in order to 

provide additional land area for a proposed expansion to Autoway Toyota’s auto sales 

center and parking/storage area. No City Divisions or private utilities have raised 

objections to the proposal provided that easements are retained or utilities are relocated at 

the expense of the applicant. The Planning and Zoning Commission, at their meeting of 

August 7, 2008, recommended APPROVAL of the vacation, based on the following 

Findings of Fact: 


2. The various utility agencies and City divisions have no objection to the vacation 

provided that easements are retained or utilities are relocated at the expense of the 

applicant. 

Zoning Coordinator Aukstikalnis provided information on this item and stated the 

applicant has requested this item is tabled along with Item P4. 



Taylor to TABLE Resolution 08-24. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P6 



AVENUE NORTH (ROY S. HARRIS – AX08-17) 



Owner’s single family home is located on this site in the Northfield Manor Subdivision. 



Community Planning Director Bray provided information on this item. 






Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P7 



STREET NORTH - (Thornberry and Lovelady AX08-16) 


Community Planning Director Bray provided information on this item. 


The Owners’ single family rental property is located on the site in the Pinebrook Estates 

Unit I Subdivision. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 








 


C1 AUTHORIZATION FOR MAYOR TO SIGN PINELLAS COUNTY 

COMMUNITY DEVELOPMENT SPECIFIC PERFORMANCE AGREEMENT 

NO. CD08PPK 

Pinellas County has awarded the City with a Community Development Block Grant 

(CDBG) of $150,000 for the installation of sidewalks in the City’s Community 

Redevelopment Area. The estimated total cost of the project is $200,000 with the City 

providing a cash match of $50,000. This project is included in the City’s Capital 

Improvement Program for FY 2008/2009. 

Authorization for the Mayor to sign the Pinellas County Community Development 

Specific Performance Agreement No. CD08PPK. 

C2 RESOLUTION NO. 08-26. A RESOLUTION ACCEPTING PINELLAS 

COUNTY’S INVITATION TO ADDRESS ISSUES CONCERNING PLANNING 

AND ANNEXATION AS PART OF AN INTERLOCAL SERVICE BOUNDARY 

AGREEMENT. 


In 2007, the Courts overturned the Charter amendment and County Ordinance 00-63, 

thereby eliminating the annexation planning area boundaries for all municipalities. As a 

result, Pinellas County has offered to discuss planning service areas and boundaries. 

The following issues will be addressed through the process: 

1. The process, definition and criteria for voluntary and referendum annexations in 

replacement or modification of the requirements of Chapter 171, Part I, Fla. 

Statutes (2007). 

2. The establishment of municipal service areas, as defined in Section 

171.202(11)(a), Fla. Statutes, within which the City may plan for and annex, as 

suggested in Exhibit B and conversely, unincorporated service areas as defined in 

Section 171.202(11)(a), Fla. Statutes, which shall remain unincorporated. Those 

relevant issues identified and agreed to in the Settlement Agreement between all 

of the Cities of Pinellas County and Pinellas County, Florida for the Resolution of 

Issues Related to the Charter Review Committee, dated May 2, 2007. 

3. The incorporation and exercise of those joint planning procedures set forth in 

Section 163.3171, Fla. Statutes (2007), based on boundaries established in 

paragraph 2 above. 

4. The establishment of a term of 10 years for the Interlocal Service Boundary 

Agreement with a review of such agreement to be performed by the parties after 

the initial 8 years. 




C3 



INDUSTRIAL PLANNED UNIT DEVELOPMENT FOR PROPERTY 

GENERALLY LOCATED AT 3765 62 ND AVENUE NORTH. (PUD 2007-2(R)2/MS 

2008-41/BOA 2008-33, JoMar Commerce Park LLC/William Shirley and Tom 

Radcliffe P.E., Lloveras, Baur & Stevens) 


(PUBLIC HEARING SEPTEMBER 25, 2008 – QUASI JUDICIAL) 



Industrial Zoning on an 8.753 acre (mol) parcel of land generally located at 3765 62 nd 

Avenue. The applicant proposes an outdoor storage area located on the northern portion 

of Lot Five, for PODS. Views from the north will be shielded by the PODS units that will 

be stacked along the north property line that will perform the same function as a solid 

wall. With the addition of an outdoor storage area, the applicant will need to reduce the 

areas designated for parking. A total of 89 required spaces out of 134 spaces would be 

eliminated with the outdoor storage use. The applicant has performed a parking 

calculation based on their use and have determined they will only need 35 parking 

spaces. This was based on maximum number of employees and customers for their dayto-day 

operations. In order to provide flexibility, a total of 45 spaces with six additional 

loading spaces will be kept. Staff has conditioned any approval of this parking variance 

to run with the current business, not to run with the land. The changes to setbacks for the 

mechanical equipment are related to conflicts discovered in the field. The condensing 

units installed on the north side of the building located on Lot Four interfere with 

dumpster pick-up. The applicant will need to relocate the units to either the west or east 

side of the building. Depending on final location of installation, setbacks to property lines 

will differ; therefore, the applicant is requesting zero setbacks for any elevated 

mechanical equipment. However, the locations will still meet the Location Design 

Standards of 25 feet from lot line closest to residential property. Subject to any matters 



service for City infrastructure. Surrounding land uses are: to the north, Youth Park; to the 

south, Magnolia Gardens ALF, Highland Park MHP, and vacant residential land; to the 

east Lake Boisvert, ACT Environmental Solutions, Seal Best Corp., and United Oriental 

Foods; and to the west, Park Place Center and a workshop/warehouse development. The 

Planning and Zoning Commission recommended APPROVAL of the request at its 

meeting of August 7, 2008, subject to the following conditions: 




C3 

C4 


2. The requested variance to parking will expire upon the expiration of the current 

lease between the current lessee and lessor. Said variance may be extended by the 

lessor by providing the request in writing to the Zoning Division Director at least 

30 days prior to the expiration of the lease. The extension will only be valid for 

the additional lease term. 

3. All elevated mechanical equipment platforms shall have zero setbacks to 

internal and external property lines and shall have a minimum clearance of 

12 feet from grade when placed above City maintained utilities. 

4. PODS units will be squarely and neatly stacked along the north property line so 

as to function as an effective visual screen from the north. No advertising/signage, 

to include company name or logo, shall be placed on the PODS units northern 

face. 


JOHN THORNBERRY AND GREG LOVELADY (AX08-16) — Annexation of 0.14 

acres MOL located at 12346 68 th Street North. 


located in the Pinebrook Estates Unit I Subdivision. 

Jo John Thornberry and Greg 

Lovelady 





Expended 

1- Year Projected Total $960.87 $0.00 $0.00 



Waived 

The voluntary annexation of 0.14 acres MOL of property owned by John Thornberry and 

Greg Lovelady and located at 12346 68 th Street North. 




C5 


ROY S. HARRIS (AX08-17) — Annexation of 0.14 acres MOL located at 

6113 108 th Avenue North. 


located at 6113 108 th Avenue North in the Northfield Manor Subdivision. 

Roy S. Harris 





Expended 


Waived 



The voluntary annexation of 0.14 acres MOL of property owned by Roy S. Harris and 

located at 6113 108 th Avenue North. 

 

C6 

OMB 

ORDINANCE NO. 3640. AMENDING ORDINANCE 3573 ADOPTING THE 



In the General Fund, the ordinance amends this year’s budget for some minor 

housekeeping items such as fuel, telephone, water, etc. For the Police Confiscated Fund, 

we have appropriated funds (previously approved by Council) for training costs and 

audio/visual equipment for their training room. In the Capital Projects fund, several water 

and sewer projects have been deferred to fiscal year 2008/2009. In addition, funds have 

been added to the budget for the 114 th Avenue Bridge. There have been some minor 

housekeeping budget adjustments in the Capital Projects Fund as well. In total, the City’s 

budget for this fiscal year will decrease by approximately $2.2 million. 




C7 

FINANCE 

RESOLUTION NO. 08-27. AMENDING RESOLUTION NO. 06-36 RELATING 

TO THE OPERATION OF THE WATER AND SEWER SYSTEMS; REVISING 

WATER, SEWER AND RECLAIMED WATER RATES; PROVIDING FOR 

REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS CONFLICTING 

HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR 

SEVERABILITY AND AN EFFECTIVE DATE 


This resolution adopts a 9% rate increase for water, sewer, and reclaimed water. This 

rate increase includes a 3% pass through from Pinellas County on the wholesale water 

purchase rate. This rate increase will be effective with all billing issued after October 1, 


Finance Administrator Miller provided information on the proposed rate increase. 

Assistant Finance Administrator Kotola stated the unrestricted net assets are used to 

maintain the water and sewer system, pay bonds and state revolving loans. The balance of 

these assets have fallen to a border line level for the City to meet ongoing needs. 

Consequences of a further decline of this balance would be the inability to maintain this 

system, payment problems with bonds and funds and jeopardizing the City’s AAA credit 

rating. 

Joe Thielbar, 6828 58 th Way, spoke in opposition to the proposed increase due to 

economic downturn and the general state of the nation. 

Administrator Miller provided information on rates Pinellas County has implemented in 

the last four years that the City absorbed partial costs for. The City has been in a 

declining position for water bills for the last six years which has caused the City to fall 

behind and dangerously low in the unrestricted net asset fund which is critical to 

maintaining and repairing the water system. 

Utility Billing Director Walker provided information on equivalent water, sewer and 

stormwater rates depicting how the City compares to other municipalities with identical 

services. The comparison showed how the proposed rate increase reflects the City has the 

lowest rate for the 3,000 gallon consumption range. 

Mayor Mischler asked for information on the water and sewer bonds. 

Administrator Miller provided information on the 2003 water and sewer bonds and the 

City’s state revolving fund loans. 

Mayor Mischler asked if the reserve is reduced too much will it reduce the City’s bond 

rating in the future? 




Administrator Miller stated if reduced too far it could destroy the City’s AAA Credit 

Rating and could also force the bonds to be called to be paid in full. 

Discussion was held on the effects a disaster would have on the City. 

Mayor Mischler stated the City purchases water from Pinellas County and the City hasn’t 

passed along the entire increases to the customers. 

Administrator Miller stated the City has tried to protect the customers and absorb as 

much of the increases as possible but now it is to the point the City needs to catch up. 

Mayor Mischler stated Pinellas Park employees provide exemplary service to residents 

and citizens would not receive the same 7 day a week, 24 hour a day service from 

Pinellas County. 

Administrator Miller stated the City’s infrastructure is aging and replacements will be 

needed before there are failures so funding is needed. 

Ed Kosinski, 7615 62 nd Street, stated he thinks the service the City provides is great and 

he understands the need for the City’s increase and requested the City challenge Pinellas 

County when they implement increases. 

Mayor Mischler provided information on Tampa Bay Water. 

Randy Heine, 7451 Park Boulevard, stated there should be a plan to retire the debts. 

City Manager Gustafson stated the plan is to retire the debt in 20 years. 

Administrator Miller stated the payments include principal and interest and the payment 

schedules are made up in advance. The water and sewer funds are separate from all other 

funding and there are not the funds to pay off the debt at this time. 

Councilman Mullins stated the majority of this debt was the installation of the reclaimed 

water system that saves residents money and conserves potable water. 




C8 

POLICE 

AUTHORIZATION FOR MAYOR TO SIGN PINELLAS COUNTY SHERIFF 

RENEWAL AGREEMENT FOR CRIME SCENE SERVICES 

This contract revises and replaces the contract previously entered into between the City 

and Pinellas County Sheriff’s Office, dated October 1, 2007. The proposed renewal 

contract has been reviewed by the City Attorney’s office, with a $39,760.27 increase. 

The cost for this proposed agreement is $135,074.00 for one year. 

Authorization for the Mayor to sign the Crime Scene Services Agreement with Jim Coats, 

as Sheriff of Pinellas County. This Agreement shall commence October 1, 2008 and will 

conclude September 30, 2009, for the minimum sum of $135,074.00 to be charged to 

account 001-211-5-517-62. 

C9 

AUTHORIZATION FOR SIMUNITION EQUIPMENT PURCHASE FROM 

CONFISCATED PROPERTY FUND. 

This authorizes the purchase of Sixteen Glock 17T Marking Weapons rom Lou’s Police 

and Security Equipment, 4149 Palm Avenue, Hialeah, Florida33012 for $7,264. Request 

for Quotations were sent to three prospective venders. Three quotes were received with 

Lou’s Police and Security Equipment, 4149 Palm Avenue, Hialeah, Florida 33012 and 

OMB Guns, 11227 Strang Line Road, Lenexa, Kansas 66215 proposing the exact same 

bid. The Florida based company was selected. 

This item also authorizes the purchase of twenty AR-15 Boltonly Conversion Kits, 

personal protective gear (that includes: head gear, throat collars, protective vests, and 

groin protectors), and 2,000 rounds of marking ammunition for both the Glock 17T and 

the carbine rifles. All of the above listed equipment is a product of SNT Technologies 

Corp/SIMUNITION Division of SNC Technologies Inc. of Gardeur, Quebec, Canada and 

exclusively distributed under sole source in Florida, Georgia, and South Carolina by SRT 

Supply, 4450 60 th Street North, St. Petersburg, Florida 33714. The cost for the 

conversation kits, personal protective gear, and marking ammunition is $12,680.65. 

The total cost for this agenda item is $19,944.65. 

Pursuant to Florida Statute 932.704(3)(a), this is to certify that this proposed expenditure 


Authorization to purchase Sixteen Glock 17T Marking Weapons from Lou’s Police and 

Security Equipment, 4149 Palm Avenue, Hialeah, Florida 33012 for $7,264 and twenty 

AR-15 Boltonly Conversion Kits, personal protective gear, and 2,000 rounds of marking 

ammunition from SRT Supply, 4450 60 th Street North, St. Petersburg, Florida 33714 at a 

cost of $12,680.65. The total cost for this item is $19,944.65 and will be appropriated 

from the Confiscated Property Fund Balance to Confiscated Property Fund Operating 

Account 104-212-5-621-08. 




C10 

AUTHORIZATION FOR EQUIPMENT PURCHASE FROM CONFISCATED 

PROPERTY FUND. 

The electronic traffic homicide mapping equipment will replace and upgrade existing 

equipment. This equipment is used to electronically measure and map out traffic 

homicide scenes and other major case investigations. This equipment will be purchased 

from VS Visual Statement Inc., 900-175 2 nd Avenue, Kamloops, British Columbia, 

V2C5W1 for $10,653.18. The two portable crime scene body shields are used to screen 

fatality victims from public view. The portable body shields will be purchased from 

Lynn Peavey Company, P.O. Box 14100, Lenexa, Kansas, 66285 for $2,181. 



Authorization to purchase electronic traffic homicide mapping equipment from VS 

Visual Statement Inc., for $10,653.18 and two portable body shields from Lynn Peavey 

Company, Lenexa, Kansas for $2,181. The total amount for both expenditures is 

$12,834.18 to be appropriated from the Confiscated Property Fund Balance to 

Confiscated Property Fund Operating Account 104-212-5-621-08. 

 












C12 

AUTHORIZATION FOR MAYOR TO SIGN AN AMENDMENT TO THE 

BUSINESS ASSISTANCE PARTNERSHIP AGREEMENT (BAPA) – FY 

2008/09 Business Assistance Program 

This authorizes the Mayor to sign an Amendment to the Business Assistance Partnership 

Agreement (BAPA) for one full year, effective October 1, 2008, and terminating 

September 30, 2009, and provides that the City and County shall each pay to the Pinellas 

Park/Gateway Chamber of Commerce, Inc., f/k/a Pinellas Park/Mid-County Chamber of 

Commerce, Inc., the sum of $17,500 annually, in equal quarterly payments of $4,362, as 

their respective one-third share of the cost of the program. The Chamber is to contribute 

its one-third share partly in money and in-kind. The City’s cost, not to exceed $17,500, 

has been approved in the draft FY 2008/09 budget to be charged to account 001-815-5- 

517-62. 

Authorization for the Mayor to sign an Amendment to the Business Assistance 

Partnership Agreement (BAPA) through September 30, 2009, with the City’s cost not to 

exceed $17,500, to be charged to the appropriate account. 

Randy Heine, 7451 Park Boulevard, requested information on this position. 

Julia Roberts, 611 34 th Avenue, provided information on what her duties are. 

Ms. Roberts stated this program focuses on keeping businesses in the community. 

Mayor Mischler, Councilman Mullins and Councilwoman Bradbury complimented Ms. 

Roberts on her job performance. 




C13 

PUBLIC WORKS 

AWARD OF BID 06/002 – ROAD CONSTRUCTION OF THREE TURNING 

LANES – MTM Contractors, Inc. 


Seven (7) bids were received with MTM Contractors, Inc. (6550 53 rd Street North, 

Pinellas Park, FL 33781) being the low bidder with a bid submittal of $650,880.93. 

The project funding is provided from three accounts; the 82 nd Ave. Eastbound Left Hand 

Turn at 66 th Street (SR 693) portion is budgeted at $940,000 and the actual bid amount is 

$210,314.79 chargeable to account # 301-481-5-737-58, the 110 th Avenue Westbound 

Left-Turn Lane at 49 th Street (CR 611) portion is budgeted at $465,000 and bid amount is 

$223,983.98 chargeable to account # 301-481-5-780-39, the 118 th Avenue Eastbound 

Left-Turn Lane at 66 th Street (SR 693) portion is budgeted at $483,000 and bid amount is 

$216,582.16 chargeable to account # 301-481-5-780-47. The total project bid amount is 

$650,880.93. The total amount budgeted for this project is $1,888,000.00 found on page 

400 of the FY 07/08 adopted budget. The reason for the difference in the budgeted and 

contract amounts is that the original budget allowed for traffic signalization upgrades 

which were not required. 

Authorization to award Bid 06/002 for the Road Construction of Three Turning Lanes to 

MTM Contractors, Inc., Pinellas Park, FL, in the amount of $650,880.93 to be charged to 

the appropriate accounts. 



FIRE CHIEF’S ASSOCIATION, CONTRACT 07-15-0827-QE510 – Two (2) 

Tradewinds Mobile Generators – For Sewer Division 

These two (2) Tradewinds 80KW mobile generators are additions to the fleet. These 

mobile generators will be used to provide emergency power as needed for lift stations 

throughout the City. When not being used in this capacity, these generators will be used 

City wide. The amount budgeted in account 501-322-5-661-09 for this expenditure is 

$66,000 and can be found on page 413 of the 07/08 budget book. The total cost of these 

generators exceeds the budgeted amount by $3,452 due to an upgrade in size to better 

accommodate the needs of the City. Additional costs have been approved by the OMB 

Administrator. 


Counties and Florida Fire Chief’s Association, Contract 07-15-0827-QE510 – Two (2) 

80KW mobile generators from Tradewinds Power Corp., Sebring, Florida, at a total cost 

of $69,452 to be charged to the appropriate account. 

COUNCILMAN TAYLOR RETURNED TO THE MEETING AT 8:18 P.M. 





C15 ORDINANCE NO. 3643. AMENDING CHAPTER 12 (HEALTH AND 

SANITATION) CITY CODE OF ORDINANCES CREATING A NEW ARTICLE V 

– DISASTER ACCESS AND DEBRIS REMOVAL 


Chapter 12 Section 12-501 (Health and Sanitation) City Code of Ordinances is being 

amended creating a new Article V, Disaster Access and Debris Removal, and 

renumbering existing Articles V and VI to become Articles VI and VII. The Disaster 

Access and Debris Removal Ordinance is designed to advise property owners of their 

duties and responsibilities with respect to disaster debris, to provide for an efficient 

system for collection and removal of disaster debris and to eliminate threats to health, 

safety and welfare created by disaster debris. 


is appropriate, Items C1 thru C15 inclusive, with Items C3, C6, C7, C11 and C15 being 

First Reading Prior to Public Hearing and Item C2 being First and Final Reading, and 

SECONDED by Councilman Mullins. . 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





VI. 

 

R1 




MASTER (SM) LIEN NO. 08-07-5302 – 3801 67th Avenue (Diep Van & Kim Yen 

Thi Nguyen) 

Diep Van Nguyen, owner of the property located at 3801 67th Avenue, and his attorney, 

Thaddeus Freeman, have requested a reduction or elimination of the $9,600.00 Special 

Hearing Master (SM) Lien No. 08-07-5302 on his property. On July 23, 2008, the 

Special Hearing Master recommended that SM Lien No. 08-07-5302 be reduced to the 

amount of $3,000.00, provided the reduced amount is paid by a date determined by City 

Council. The City's estimated cost in handling this case is 2,183.14. 

Attorney Thadius Freeman introduced property owner Diep Van & Kim Yen Thi 

Nguyen. 

Attorney Freeman stated there were extenuating circumstances involved with this 

property due to an eviction process of a tenant living at this property and the violations 

were to the back and side of the house and not openly visible. 

Attorney Freeman stated the notices were sent to the residence and the property owner 

was not aware of it and requested the lien reduced further. 

Discussion was held on the circumstances surrounding this property and the notification 

process. 


APPROVE the request for a reduction of SM Lien No. 08-07-5302, against Diep Van & 

Kim Yen Thi Nguyen and the property located at 3801 67th Avenue, to the reduced 

amount of $2,183.14, provided this reduced amount is paid by September 28, 2008, 

otherwise the lien will automatically revert back to the original amount of $9,600.00. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 





MISCELLANEOUS 

M1 

HAUNTED HOUSE 

Vice-Mayor Butler stated the Fire and Police Explorers will have a haunted house at 9945 

66 th Street, October 9, 2008 thru October 31, 2008. 

M2 

SPAGHETTI DINNER/BAKE SALE 

Police Chief Thomas stated Friday, September 19, 2008, from 5:30 P.M. to 8:00 P.M. the 

Police Explorers Post 912, will be hosting a Spaghetti Dinner/Bake Sale at the Senior 

Center. 

M3 


Fire Chief Lewis stated the Firefighters will be holding Movies in the Park showing the 

movie Underdog, on Saturday, September 20, 2008, at the England Brother’s Bandshell. 

M4 

OPEN MIKE/ART NIGHT 

Library/Recreation Services Administrator Rose stated there will be an open mike/art 

night for teen artists and performers on Friday, September 19, 2008, from 7:00 P.M. to 

9:30 P.M. at the Pinellas Park Library. 

M5 

BARRA MACNEILS/BRENDAN NOLAN 

Administrator Rose stated the Barra MacNeils will be in concert with opening artist 

Brendan Nolan Saturday, September 27, 2008, 7:30pm at the Performing Arts Center. 

M6 

SISTER DOROTHY 

Councilman Taylor and Mayor Mischler offered condolences for Sister Dorothy who 

recently passed away. 




ADJOURNMENT 


_____________________________________ 


Mayor 

Attest: 

____________________________________ 



/cgg 






MINUTES 

September 25, 2008 



PRESENT: 

ABSENT: 



Vice-Mayor, Rick Butler (entered at 8:15 P.M.) 



None 

Also present were: City Attorney, James Denhardt - City Manager, Michael Gustafson – 

Assistant Community Development Administrator/Building Development Division Director, 

Patrick Murphy – City Attorney Associate, Regina Kardash - Government Relations 

Administrator, Tim Caddell - Police Chief, Dorene Thomas - Fire Chief, Doug Lewis - Public 

Works Administrator, Tom Nicholls - Library and Recreation Services Administrator, Debra 

Rose - Office of Management and Budget Administrator, Dan Katsiyiannis - MIS Division 

Director, Dan Speaker - Neighborhood Services Administrator, Susan Walker - Finance 

Administrator, Ron Miller – Human Resources Administrator, John Moore - Zoning Director, 

Dean Neal – Economic Development Specialist, Chuck Webber – Utility Billing Director, James 

Walker – Assistant Public Works Administrator/Utilities Director, Keith Sabiel – Assistant 

Finance Administrator, Sonny Kotala - Fire Administrative Services Director, Mary Ann Salch – 

Streets and Drainage Director, Randy Roberts - Library Director, Karen Fortin – Media & 

Public Events Specialist, Pam Roberts – Media and Public Events Manager, Joel Garren - City 

Clerk, Diane M. Corna, and Deputy City Clerk, Christine Gardner. 

INVOCATION was given by Councilman Mullins. 

PLEDGE OF ALLEGIANCE was led by Council 





PROCLAMATIONS 

Domestic Violence Awareness Month – October 2008 

Church of the Nazarene Day – October 5, 2008 


Billy Byrd – Engineering Inspector 


Police Chief Dorene Thomas and Officer Jerome Tippet presented the following winners: 

Ryan Franz Classical Christian School for the Arts 

Elevisi Halapio Sacred Heart Interparochial School 


Library/Recreation Services Administrator Rose thanked Dale Gross for his support of 

the Performing Arts Center and the donation of a stage curtain. 

II. 

PC1 


LIEN REDUCTION 

Joe Shelley, 6035 86 th Avenue, spoke in opposition to reducing code enforcement liens. 

PC2 

ANNEXATION 

Paul Auve, 5833 McKee Lake Drive, stated he is longer interested in annexing into 

Pinellas Park. 

PC3 

THANKS 

Marshall Cook, 9300 54 th Street, thanked voters for their support during the last election 

and provided information on his health. 

PC4 

VICE-MAYOR BUTLER 

Mayor Mischler stated Vice-Mayor Butler will be arriving late to the meeting because he 

is attending the PACE Awards. 





III. 


Approval of Regular Council Minutes of September 11, 2008, as on file in the City 



Bradbury to APPROVE the Regular Council Minutes of September 11, 2008, as on file 

in the City Clerk’s Office. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





IV. 


OMB 

P1 RESOLUTION NO. 08-22. ADOPTING A TENTATIVE MILLAGE RATE FOR 

FY 08/09. 


This Resolution establishes City millage rate for fiscal year 2008-2009 property taxes, 

which will be billed by the County Tax Collector in November. The proposed rate is the 

same millage rate as this fiscal year or 4.5478 per $1,000 of next taxable value. The 

proposed millage rate of 4.5478 relative to the roll-back rate of 4.9756 represents an 

overall tax decrease of 8.60%. 

Office of Management and Budget Administrator Katsiyiannis gave a presentation 

outlining Items P1 and P2. 


Bonnie Lewis, 6340 90 th Avenue, stated the population of Pinellas Park drives the 

services needed and asked the current population of Pinellas Park. 

Zoning Director Neal stated the estimated population in 2007, was just less than 50,000 

residents. 

Ms. Lewis stated she is interested in the number of foreclosures, lost jobs and how many 

people have moved out of Pinellas Park. 

Discussion was held on the budget process time frame. 

Ms. Lewis stated she thinks it would be good to not increase the millage rate and the 

number of people providing City services should represent the number of people they are 

servicing. 

Arthur Pollard, Spring Engineering, 3014 U.S. Highway 19, asked if property tax 

revenues decreased then how did the budget increase and where did the revenue for that 

increase come from? 

Administrator Katsiyiannis stated the budget went up from a small increase to the 

General Fund and the Capital Improvements Project fund (CIP). The CIP is funded by 

Penny for Pinellas, water and sewer, transportation impact fees and the Community 

Redevelopment Agency. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 


P2 ORDINANCE NO. 3641. AN APPROPRIATIONS AND TAX LEVY 

ORDINANCE OF THE CITY OF PINELLAS PARK, FLORIDA, COVERING 

THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING 

SEPTEMBER 30, 2009; BEING AN ORDINANCE APPROPRIATING FUNDS 

REQUIRED FOR THE PURPOSE OF MEETING THE GENERAL OPERATING 

EXPENSES OF THE CITY FOR SALARIES, WAGES, FEES NECESSARY OR 

PROPER, DISBURSEMENTS AND OTHER EXPENDITURES NECESSARY OR 

PROPER FOR THE OPERATION OF THE CITY GOVERNMENT, THE 

WATER AND SEWERAGE UTILITY SYSTEM AND FOR THE PURPOSE OF 

MEETING DEBT RETIREMENT REQUIREMENTS AND CAPITAL 

IMPROVEMENTS DURING SAID FISCAL YEAR. 


This Ordinance legally appropriates the City budget for the fiscal year October 1, 2008 

through September 30, 2009. It reflects the changes as discussed at Council’s Budget 

Workshop. 

Office of Management and Budget Administrator Katsiyiannis gave a presentation during 

Item P1 that included information on Item P2. 



Joe Thielbar, 6828 58 th Way, asked if reclaim water is paying for itself or are citizens 

who do not use reclaimed water paying for the system. 




Administrator Katsiyiannis stated that question will be addressed during a presentation on 

Item P11. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P3 ORDINANCE NO. 3640. AMENDING ORDINANCE 3573 ADOPTING THE 



In the General Fund, the ordinance amends this year’s budget for some minor 

housekeeping items such as fuel, telephone, water, etc. For the Police Confiscated Fund, 

we have appropriated funds (previously approved by Council) for training costs and 

audio/visual equipment for their training room. In the Capital Projects fund, several 

water and sewer projects have been deferred to fiscal year 2008/2009. In addition, funds 

have been added to the budget for the 114 th Avenue Bridge. There have been some minor 

housekeeping budget adjustments in the Capital Projects Fund as well. In total, the City’s 

budget for this fiscal year will decrease by approximately $2.2 million. 

Administrator Katsiyiannis explained this item includes unforeseen expenses such as fuel 

increases. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P4 


CONSIDERATION OF AN EXPANSION TO A CONDITIONAL USE FOR AN 

―AUTOMOBILE DEALER-NEW CARS AND USED CARS‖ IN THE ―B-1‖ 

GENERAL COMMERCIAL ZONING DISTRICT BY ADDING 0.23 ACRES TO 

THE SITE FOR THE EXPANSION OF THE VEHICLE DISPLAY AREA WITH 

VARIANCES TO INCREASE THE MAXIMUM FENCE AND WALL HEIGHT, 

FOR A CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 8501 U.S. 

HIGHWAY 19. (CU 2008-24/BOA 2008-41 Southerlin Imports, LLC./Roland Dove, 

P.E.) 

CONTINUED PUBLIC HEARING (QUASI-JUDICIAL) 

The applicant proposes the expansion of AutoWay Toyota’s new car dealership to 

include two vacant parcels and, if approved, the vacated portion of an alley, a companion 

case to this request (V 2008-6), a total of 0.23 acres MOL of land southeast of the site to 

be utilized for a vehicle display area. The applicant proposes the construction of a fence 

and/or wall along the following property lines: an eight-feet-high, solid wall located in 

the front yard setback along the east property line functionally abutting a mobile home 

park and abutting single family dwellings along the south property line; and a six-feethigh, 

chain link fence located in the front yard setback along the west property line 

functionally abutting an automobile dealer. Therefore, the applicant is requesting 

variances to increase the maximum height of a fence and wall in the front yard setback 

and along the property lines to eight feet. Surrounding uses are: to the north, Tampa Bay 

Regional Planning Council, Help a Child and vacant commercial land; to the south, West 

Coast Car and Truck Sales and a single family dwelling; to the east, Golden Gate Mobile 

Home Park; to the west of the proposed vehicle display area, West Coast Car and Truck 

Sales; and to the west of U.S. Highway 19, a vacant commercial building and AutoWay 

Toyota’s temporary storage yard and future site for their new car dealership. Subject to 







Zoning Director Neal stated if Council requires additional buffering for the Gateway 

parcel to the north, the developer will not object to a requirement for an eight foot high 

PVC fence. The additional two feet of height on the fence exceeds code requirements and 

has not been advertised as a variance so Council will need to add this as a condition of 

approval for the conditional use development order. 





Arthur Pollard, Spring Engineering, 3014 U.S. Highway 19, stated the nature of the 

project adds parking spaces to the south of the auto dealership. The six foot masonry wall 

on the northern edge of the site did not extend all the way across the property because of 

a drainage ditch an additional masonry wall would not be practical. 

Mayor Mischler asked if they are willing to install an eight foot PVC fence? 

Mr. Pollard stated yes, it will require a variance but the applicant is willing to do that. 

Councilwoman stated she doesn’t like the idea of a masonry wall plus two types of 

fencing. 

Mayor Mischler asked if the wall will continue down the east side of the property? 

Mr. Pollack stated yes and that wall will be increased to eight feet. 

Mayor Mischler stated he would like to see the existing wall and the additional wall 

painted. 

Mayor Mischler clarified there will be no outdoor speakers or lighting in that area. 

Mr. Pollack stated there will not. 

Steve Kirken, GCL LLC, stated he is representing the property owner to the north and 

they are supportive of the proposal. There was a request to make the fence on the north 

side eight feet and the applicant has agreed to do that. 





MOTION was made by Councilwoman Bradbury , and SECONDED by Councilman 

Taylor to APPROVE a request for an expansion to a Conditional Use for an 

“Automobile Dealer-New Cars and Used Cars” and “Automotive Repair Facility 

(Major)” in the “B-1” General Commercial Zoning District by adding 0.23 acres to the 

site for the expansion of the vehicle display area with variances to increase the maximum 

fence and wall height for a parcel of land generally located at 8501 US Highway 19, 

subject to the following conditions: 

1. The maximum fence height shall not exceed six feet in the west, front yard 

setback. 

2. The maximum wall height shall not exceed eight feet in the east, front 

yard setback and south property line. 

3. The variances are for the six-feet-high, chain link fence and eight-feethigh, 

solid wall only. 

4. All previous conditions of approval, as noted in Section II A of this report, 

shall remain in full force and effect. 

5. The proposed six foot high PVC fence to be erected along the north 

property line between Toyota and the abutting Gateway DRI parcel and as 

depicted in the preliminary site plan for the conditional use expansion 

shall be increased by two feet resulting in eight foot high PVC fence 

6. Finish painting the wall to match the existing wall. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P5 


20-FEET-WIDE BY 52-FEET-LONG PORTION OF AN APPROXIMATELY 20- 

FEET-WIDE BY 609-FEET-LONG NORTH/SOUTH RIGHT-OF-WAY (AN 

ALLEY) GENERALLY LOCATED BETWEEN 40 TH WAY NORTH AND 40 TH 

STREET NORTH AND SOUTH OF 84 TH AVENUE NORTH, SECTION 27, 

TOWNSHIP 30 SOUTH, RANGE 16 EAST. (V 2008-6 Sutherlin Imports, LLC and 

Arthur Pollard of Spring Engineering, Inc.) 

CONTINUED PUBLIC HEARING, FIRST AND FINAL READING 


portion of an approximately 20-feet-wide by 609-feet-long north/south right-of-way 

(an alley). The right-of-way and abutting properties are being combined in order to 

provide additional land area for a proposed expansion to Autoway Toyota’s auto sales 

center and parking/storage area. No City Divisions or private utilities have raised 

objections to the proposal provided that easements are retained or utilities are relocated at 

the expense of the applicant. The Planning and Zoning Commission, at their meeting of 

August 7, 2008, recommended APPROVAL of the vacation, based on the following 

Findings of Fact: 



vacation provided that easements are retained or utilities are relocated at 

the expense of the applicant. 







Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P6 




GENERALLY LOCATED AT 3765 62 ND AVENUE NORTH. (PUD 2007-2(R)2/MS 

2008-41/BOA 2008-33, JoMar Commerce Park LLC/William Shirley and Tom 

Radcliffe P.E., Lloveras, Baur & Stevens) 





Industrial Zoning on an 8.753 acre (mol) parcel of land generally located at 3765 62 nd 

Avenue. The applicant proposes an outdoor storage area located on the northern portion 

of Lot Five, for PODS. Views from the north will be shielded by the PODS units that will 

be stacked along the north property line that will perform the same function as a solid 

wall. With the addition of an outdoor storage area, the applicant will need to reduce the 

areas designated for parking. A total of 89 required spaces out of 134 spaces would be 

eliminated with the outdoor storage use. The applicant has performed a parking 

calculation based on their use and have determined they will only need 35 parking 

spaces. This was based on maximum number of employees and customers for their dayto-day 

operations. In order to provide flexibility, a total of 45 spaces with six additional 

loading spaces will be kept. Staff has conditioned any approval of this parking variance 

to run with the current business, not to run with the land. The changes to setbacks for the 

mechanical equipment are related to conflicts discovered in the field. The condensing 

units installed on the north side of the building located on Lot Four interfere with 

dumpster pick-up. The applicant will need to relocate the units to either the west or east 

side of the building. Depending on final location of installation, setbacks to property 

lines will differ; therefore, the applicant is requesting zero setbacks for any elevated 

mechanical equipment. However, the locations will still meet the Location Design 

Standards of 25 feet from lot line closest to residential property. Subject to any matters 



service for City infrastructure. Surrounding land uses are: to the north, Youth Park; to the 

south, Magnolia Gardens ALF, Highland Park MHP, and vacant residential land; to the 

east Lake Boisvert, ACT Environmental Solutions, Seal Best Corp., and United Oriental 

Foods; and to the west, Park Place Center and a workshop/warehouse development. The 

Planning and Zoning Commission recommended APPROVAL of the request at its 

meeting of August 7, 2008, subject to the following conditions: 




P6 


2. The requested variance to parking will expire upon the expiration of the 

current lease between the current lessee and lessor. Said variance may be 

extended by the lessor by providing the request in writing to the Zoning 

Division Director at least 30 days prior to the expiration of the lease. . The 

extension will only be valid for the additional lease term. 

3. All elevated mechanical equipment platforms shall have zero setbacks to 

internal and external property lines and shall have a minimum clearance of 

12 feet from grade when placed above City maintained utilities. 

4. PODS units will be squarely and neatly stacked along the north property 

line so as to function as an effective visual screen from the north. No 

advertising/signage, to include company name or logo, shall be placed on 

the PODS units’ northern face. 



Zoning Director Neal provided an overview of this item. 

ALL PARTIES WERE SWORN IN PRIOR TO THE MEETING 

Thomas Radcliffe, Lioveras Bauer & Stevens, 29228 U.S. Highway 19, stated once the 

facility opened restructuring was needed for the business that will be conducted there. 

Councilwoman Bradbury asked if PODS units have the name on all four sides? 

Mr. Radcliffe stated the applicant has committed that all units stacked on the north edge 

of the property will have a white side facing the park. 

Marshall Cook, 9300 54 th Street, asked if it is necessary to put the restriction on not 

painting one side of the units? 

Councilwoman Bradbury stated the City’s ordinances restrict this and the name of the 

business shouldn’t be allowed in the view of Youth Park when the adjoining businesses 

are not allowed to advertise that way. 

Mayor Mischler clarified the PODS are not to be stored in the front or the side of the 

property. 





MOTION was made by Councilman Mullins, and SECONDED by Councilman Taylor 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


P7 



AVENUE NORTH (ROY S. HARRIS – AX08-17) 



The Owner’s single family home is located on this site in the Northfield Manor 

Subdivision. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P8 



STREET NORTH - (Thornberry and Lovelady AX08-16) 



The Owners’ single family rental property is located on the site in the Pinebrook Estates 

Unit I Subdivision. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P9 


RIGHT-OF-WAY GENERALLY LOCATED ON 90 TH AVENUE FROM THE 

EASTERN RIGHT-OF-WAY LINE OF BELCHER ROAD TO THE WESTERN 

RIGHT-OF-WAY LINE OF 66 TH STREET – (90 TH AVENUE RIGHT OF WAY – 

AX08-19) 


This is a voluntary annexation of 2.25 acres MOL of contiguous right-of way property. 

The Streets and Drainage Division has requested taking over the maintenance of this area 

of right-of-way from Pinellas County Highway Department. By doing so it would be in 

the best interest of both agencies. A majority of the right-of-way in this area is already 

within the City of Pinellas Park jurisdiction. 

The City Attorney read Ordinance No. 3644, by title only. Mayor Mischler opened the 







Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P10 



AVENUE NORTH - (Mathews – AX08-20) 



The Owners’ single family residence is located on this site in the Northfield Manor 

Subdivision. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P11 

 

FINANCE 

RESOLUTION NO. 08-27. AMENDING RESOLUTION NO. 06-36 RELATING 

TO THE OPERATION OF THE WATER AND SEWER SYSTEMS; REVISING 

WATER, SEWER AND RECLAIMED WATER RATES; PROVIDING FOR 

REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS CONFLICTING 

HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR 

SEVERABILITY AND AN EFFECTIVE DATE 


This resolution adopts a 9% rate increase for water, sewer, and reclaimed water. This 

rate increase includes a 3% pass through from Pinellas County on the wholesale water 

purchase rate. This rate increase will be effective with all billing issued after October 1, 


Finance Administrator Miller, Assistant Finance Administrator Kotala and Utility Billing 

Director Walker gave a presentation outlining this item. 

VICE-MAYOR BUTLER ENTERED THE MEETING AT 9:15 P.M.. 

Mayor Mischler stated there was a rate increase in March 2008 from Pinellas County and 

asked if the City increased the resident’s rates at that time? 

Administrator Miller stated Pinellas County increased the City’s rate 3% but the City did 

not increase resident’s rates, that is included in this increase. 

Discussion was held on wholesale rate increases from Pinellas County and the amount 

passed on to utility customers. 

Administrator Miller provided information on the City’s bond issues, state revolving 

loans and AAA credit rating. 

Councilman Mullins stated the City has a better water rate due to having an established 

reclaimed water system. 

Utility Billing Director Walker stated the potable water consumption is down due to the 

conservations methods in place, namely, the reclaimed water system. 

Councilman Taylor stated there is a total of a 6% increase from Pinellas County for 

wholesale water within the last six months. 




P11 

Mayor Mischler opened the Public Hearing at 9:18 P.M 


Mary Creager 5811 69 th Avenue 

Richard Kohls 6475 70 th Avenue 

Arthur Martin 6000 70 th Avenue 

Paul Kineki 7749 59 th Street 

Dave Schibler 8501 52 nd Way 

Trish Macfarlane 8421 62 nd Street 

Peter White 7197 120 th Avenue 

Joe Thielbar 6828 58 th Way 

Mr. Paul Kineki, 7749 59 th Street, stated concern with the City’s process for awarding 

contracts. 

Mayor Mischler requested Mr. Kineki speak to City Manager Gustafson. 

City Manager Gustafson stated staff recommended an increase of 9% but the ultimate 

decision is for City Council. 

Cecil Bradbury, 9400 50 th Way, explained the minimum bill isn’t only for water usage. 

The bill includes installation of systems for water, sewer, reclaim water and fire hydrants. 

Marshall Cook, 9300 54 th Street, stated he does not like the increase but understands it is 

passed on by Pinellas County and encouraged Council to tighten up on any waste. 

Mayor Mischler explained the impact of fuel increases and employee benefits and 

numerous factors that require the increase. 

Mayor Mischler stated the reclaimed water system was installed due to predicted potable 

water shortages and provided information on the desalination plant and Tampa Bay 

Water. 

Vice-Mayor Butler stated the reality of reclaimed water is the more it is used then the less 

potable water will be used, therefore, water rates are reduced and limited water resources 

are protected. 

Vice-Mayor Butler stated water is purchased from Pinellas County and the increase is 

being passed along at the rate Pinellas County charges under the supervision of Tampa 

Bay Water. 

Vice-Mayor Butler stated this is a hard decision for Council and he understands residents 

concerns. 




P11 

Mayor Mischler stated there was a rate study done to determine the best billing method 

for utility accounts which developed the current billing system. 

Councilman Taylor stated there is a cost involved for the water system to work regardless 

of water consumption and he is concerned that people are not using reclaimed water so 

potable water is conserved. 

Councilwoman Bradbury explained the benefits to using reclaimed water for lawn 

watering. 

Tim Robinson, 3741 Mainlands Boulevard, stated there has to be a minimum charge to 

maintain the system and requested that charge is reflected as an administrative fees 

instead of a minimum billing. 

Discussion was held on the minimum billing for other utilities and options for reflecting 

those fees on the bills. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Vice-Mayor Butler stated this is a very hard decision for Council and if there was a better 

way it could be done they would use it. 

Mayor Mischler stated he has instructed City Manager Gustafson that any future 

increases are passed right along to the users as soon as Pinellas County implements it. 

Councilwoman Bradbury stated if these increases are not paid for now then the increases 

would be passed off to people later down the road. Councilmembers all live in the City 

and they are also paying this increase during tough times. Maintenance needs to be 

continually performed so the system continues to work for future residents. 


















Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





PUBLIC WORKS 

P13 ORDINANCE NO. 3643. AMENDING CHAPTER 12 (HEALTH AND 

SANITATION) CITY CODE OF ORDINANCES CREATING A NEW ARTICLE V 

– DISASTER ACCESS AND DEBRIS REMOVAL 


Chapter 12 Section 12-501 (Health and Sanitation) City Code of Ordinances is being 

amended creating a new Article V, Disaster Access and Debris Removal, and 

renumbering existing Articles V and VI to become Articles VI and VII. The Disaster 

Access and Debris Removal Ordinance is designed to advise property owners of their 

duties and responsibilities with respect to disaster debris, to provide for an efficient 

system for collection and removal of disaster debris and to eliminate threats to health, 

safety and welfare created by disaster debris. 

Streets and Drainage Director Roberts stated this ordinance allows the City to go into 

private and gated communities should there be a national disaster and still received 

reimbursement from FEMA. 



There were not comments or objections. 


COUNCILMAN MULLINS LEFT THE MEETING AT 10:11 P.M. 




Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P13 

Vice-Mayor Butler stated if there a company that is able to work right away to clear 

debris then a counter is also required to monitor the number and total of roads. This 

ordinance ensures reimbursement by FEMA. 

COUNCILMAN MULLINS RETURNED TO THE METTING AT 10:13 P.M. 

City Manager Gustafson stated this ordinance allows the City to go into gated 

communities and private areas and still receive FEMA reimbursement for debris removal. 


 

PUBLIC WORKS 

C1 

AUTHORIZATION FOR MAYOR TO SIGN AN INTERLOCAL AGREEMENT 

WITH PINELLAS COUNTY – For construction of the 114 th Avenue Bridge (City 

Project 05/002) 

This authorizes the Mayor to sign an Interlocal Agreement with Pinellas County (County) 

for construction of the 114 th Avenue Bridge between 66 th Street and Belcher Road. This 

Interlocal Agreement has been reviewed by the City Attorney and County Attorney. This 

Interlocal Agreement provides funding in the amount of $246,000 from the County, 

specifically for improvements to the 114 th Avenue Bridge. The funding participation will 

be provided from District 9 Transportation Impact Fee funds. The total cost of the 114 th 

Avenue Bridge project is $691,378. 

Cecil Bradbury, 9400 50 th Way, stated if Pinellas County is providing $246,000 of the 

traffic impact fees they have collected then how much does Pinellas Park have saved up 

from the new businesses in this area? 

City Manager Gustafson stated this all Pinellas County can commit for this area and he is 

not sure the funds the City has available. 

City Manager Gustafson stated staff is still working to obtain funds from the Pinellas 

County School Board. 




C2 CHANGE ORDER NO. 1 FOR RENEWAL CONTRACT NO. 1, PROJECT 07/010 

– ANNUAL CITY WIDE SANITARY AND STORM SEWERS CLEANING / 

TELEVISING AND RELINING PROJECT — Insituform Technologies, Inc. 

Change Order No. 1 and Renewal No. 1 is recommended for the Annual City Wide 

Sanitary and Storm Sewers Cleaning / Televising and Relining Project 07/010. This 

change of $130,540 represents an increase in the original contract amount of 16.9%, 

bringing the total adjusted contract amount to $905,000, in accordance with the original 

budgeted amount. This contract is for Sanitary Sewer and Drainage Pipe Relining. This 

Change Order will allow additional drainage pipe relining. The account to be charged is 

301-382-5-795-08 and can be found on page 403 of the 07/08 Budget Book. 

Authorization for approval and acceptance of Change Order No. 1 and Renewal No. 1 for 

the Annual City Wide Sanitary and Storm Sewers Cleaning / Televising and Relining 

Project 07/010, for an increase in the adjusted contract amount of $130,540, for a total 

adjusted contract amount of $905,000. 


2007/2008 ANNUAL PAVING / RESURFACING PROJECT — Tampa Pavement 

Constructors, Inc. 



reduction of the previously adjusted contract amount by 5.6%. The adjusted contract amount 

for this project is $457,161.52 and will be charged to account # 301-481-5-714-06. 

Authorization for approval and acceptance of Change Order No. 2, Project 08/001, 

2007/2008 Annual Paving and Resurfacing Project, a decrease in the adjusted contract 

amount of $27,088.16, for a total adjusted contract amount of $457,161.52, and 

authorization for final payment of $45,716.15 to Tampa Pavement Constructors, Inc. to be 





C4 

AUTHORIZATION FOR MAYOR TO SIGN FIRST AMENDMENT TO AN 

AGREEMENT BETWEEN THE CITY OF PINELLAS PARK AND PINELLAS 

COUNTY — National Pollutant Discharge Elimination System (NPDES) Permit 

This Agreement between the City of Pinellas Park and Pinellas County is required as part 

of our National Pollutant Discharge Elimination System (NPDES) permit from the 

United States Environmental Protection Agency. This Agreement with Pinellas County is 

for the joint control of pollutants within Pinellas County. The City of Pinellas Park is a 

co-permittee on the NPDES permit with FDOT, and all cities in Pinellas County named 

in the Agreement. This First Amendment has several minor changes; monitoring program 

implementation, cost allocation, contact information, termination of agreement, and 

agreement term. 

Authorization for the Mayor to sign the First Amendment to an Agreement between 

Pinellas County for the purpose of meeting the requirements for the NPDES permit. 

 


C5 


LEONARD W. AND JOSEPHINE MATHEWS (AX08-20) — Annexation of 0.14 

acres MOL located at 6114 106 th Avenue North. 



Leonard W. and Josephine 

Mathews 





Expended 


Waived 



The voluntary annexation of 0.14 acres MOL of property owned by Leonard W. and 

Josephine Mathews and located at 6114 106 th Avenue North. 




C6 

AUTHORIZATION FOR THE MAYOR TO SIGN A JOINT USE AGREEMENT 

BETWEEN THE SCHOOL BOARD OF PINELLAS COUNTY AND THE CITY 

OF PINELLAS PARK 

The City of Pinellas Park and the School Board of Pinellas County for the purpose of 

establishing a framework and process through which either entity may seek to use 

facilities owned by the other have developed this document. This is a renewal of the five 

year Agreement originally entered into on October 14 th , 2003. The School Board 

approved this renewal at their regular meeting on September 9 th , 2008. The City 

Attorney, Community Planning Director and Risk Management have reviewed this 

Agreement. Modifications recommended by the City Attorney have been made. 

Authorization for the Mayor to sign a Joint Use Agreement between the School Board of 

Pinellas County and the City of Pinellas Park. 


is appropriate, Items C1 thru C6 inclusive, and SECONDED by Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





VI. 

 

R1 



RECEIPT OF RESIGNATION FROM THE PLANNING AND ZONING 

COMMISSION — Bonnie Lewis 

Ms. Bonnie Lewis, a regular member of the Planning and Zoning Commission, has 

submitted a letter of resignation from the Commission effective September 2008. Ms. 

Lewis has been with the Commission since December 2004. 


Bradbury to ACCEPT with regret, the resignation of Bonnie Lewis, as a regular member 

of the Planning and Zoning Commission. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R2 

APPOINTMENT TO BOARD OF ADJUSTMENT — One Regular Member 

A vacancy on the Board of Adjustment was created by the resignation of Ms. Elizabeth 

Herron in July 2008. Ms. Herron has been with the Board of Adjustment since May 11, 

2006. Her term was to expire November 2009. On August 26, 2008, the applicant, Mr. 

Derek Kantaskas, was interviewed and selected by the members of the Board. 


to APPROVE the appointment of Mr. Derek Kantaskas to serve on the Board of 

Adjustment, with Mr. Kantaskas’ term to expire November 2009. 

Mr. Derek Kantaskas, 11345 Elmhurst Drive, stated he is appreciative of being appointed 

to this board. 

Ed Kosinski, 7615 62 nd Street, stated he is on the Board of Adjustment and he believes 

Mr. Kantaskas will be a great addition to the board. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





MISCELLANEOUS 

M1 

PACE AWARD DINNER 

Vice-Mayor Butler stated he was late to the meeting because he was attending at the 

PACE Awards Dinner. 

Vice-Mayor Butler stated he received the award last year so he was presenting it to this 

year’s winner – Senator Fasano. 

Vice-Mayor Butler stated President of the Chamber of Commerce Housh Ghovaee, 

received the Business PACE award. 

M2 

BAY AREA HORSEMAN’S ASSOCATION HORSE SHOW 

Councilman Mullins stated the Bay Area Horseman's Association Horse Show will be 

held on Sunday, September 28, 2008, at Helen Howarth Park, 6301 94th Avenue, 

beginning at 8:30 a.m. 

M3 

HAUNTED HOUSE 

Mayor Mischler stated Thursday, October 9, 2008 thru October 31, 2008, the Pinellas 

Park Police Explorers Post 912 will be holding a Haunted House. 

M4 

BARRA MACNEILS/BRENAN NOLAN CONCERT 

Mayor Mischler stated the Barra MacNeils with Brendan Nolan will be holding a concert 

Saturday, September 27, 2008 at 7:30 P.M. at the Pinellas Park Performing Arts Center, 

located at 4951 78 th Avenue. 

ADJOURNMENT 


Attest: 

_____________________________________ 



___________________________________ 


Mayor 

/cgg 






MINUTES 

October 9, 2008 



PRESENT: 

ABSENT: 






None 







Services Administrator, Susan Walker – Assistant Finance Administrator, Sonny Kotala – 

Human Resources Administrator, John Moore - Economic Development Specialist, Shannon 

Coughlin - Fire Administrative Services Director, Mary Ann Salch – Media and Public 

Events Manager, Joel Garren - Media & Public Events Specialist, Pam Roberts – City Clerk, 

Diane M. Corna, and Deputy City Clerk, Christine Gardner. 





Keith Stratton, Mail Clerk – Utility Billing Division 



OCTOBER 9, 2008

PROCLAMATIONS 

Commuter Choices Weeks October 6 – October 17, 2008 

Fire Prevention Week October 5 – 11, 2008 

SMOKE ALARM GIVE AWAY PROGRAM 

Deputy Fire Chief Hansen explained the free smoke alarm give away program and 

explained that October is Battery Change Month. 

II. 

PC1 


PUERTO RICO FESTIVAL 

Sandra Acevedo provided information on the 8 th Annual Puerto RicoFestival that 

will be held at the England Brothers Bandshell on Saturday, October 19, 2008. 

PC2 

BAY AREA HORSEMAN’S ASSOCIATION (BAHA) HORSE SHOW 

Housh Ghoavee, Chairman of the Pinellas Park/Gateway Chamber of Commerce, and 

Patricia Johnson, Chair of the Chamber of Commerce Equestrian Task Force Committee, 

provided information on the success of the BAHA Horse Show held on Sunday, 

September 28, 2008, at Helen Howarth Park. 

Ms. Johnson provided information on the benefits of riding horses and presented a blue 

ribbon to Councilman Mullins for his support and thanked staff for all of their work to 

make the event a success. 

Mr. Ghoavee stated there will be another Horse Show on Sunday, October 26, 2008, at 

Helen Howarth Park. 

Councilman Mullins stated the concession stands are run by a different Pinellas Park 

charity for each show to share the proceeds. 




PC3 

CHAMBER OF COMMERCE EVENTS 

Housh Ghoavee, Chairman of the Pinellas Park/Gateway Chamber of Commerce, stated 

the lunch held with Dr Susan MacManus as the speaker was very successful. 

Mr. Ghoavee stated the Chamber is attempting to join all the non-profit/charitable 

agencies together to create a committee within the Chamber and have children from those 

groups compete to earn money. 

PC4 

UTILITY RATES 

Richard Kohls, 6475 70 th Avenue, spoke in opposition to the content of the minutes for 

Item P11 on the September 25, 2008, Council Meeting and spoke on the utility rate 

increase. 

III. 


Approval of Regular Council Minutes of September 25, 2008, as on file in the Clerk’s 

Office. 


Bradbury to APPROVE the Regular Council Minutes of September 25, 2008, as on file 

in the City Clerk’s Office. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





IV. 

 

P1 







AX08-19) 













Vice-Mayor Butler asked if the City will be in charge of the traffic in front of a 

neighboring property that is not in Pinellas Park. 

Economic Development Specialist Coughlin stated yes, the traffic is on private property. 

Vice-Mayor Butler stated concern with the ingress and egress for the business at this 

intersection and stated he thinks this would put a problem on the City. 

Public Works Administrator Nicholls stated the right of way on 66 th Street will be 

controlled by the State of Florida and the City will have control of the 90 th Avenue 

portion. Belcher Road would be a Pinellas County responsibility. 

Vice-Mayor Butler stated what bothers him is the other property is not in the City and it 

will be a problem for the City to manage traffic control. There is already an issue with 

people turning into a neighboring property and he foresees problems down the road with 

maintaining this and dealing with the traffic with surrounding county properties. 




Administrator Nicholls stated more than 50% of this right of way is already in the City so 

typically the City will then take in the rest of the roadway to clear up any confusion on 

who maintains the right-of-way. Any property on 90 th Avenue will become the City’s 

issue to deal with whether the businesses are in the City or not. 

Discussion was held on whether the surrounding properties are in the City. 

Mayor Mischler stated the backup reflects the City requested taking over the maintenance 

of the right of way based on it being in the best interest of both agencies. 

Vice-Mayor Butler stated he would like to table this item to look into why the City needs 

this action. 


to WITHDRAW THE MOTION. 




Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 





P2 



AVENUE NORTH - (Mathews – AX08-20) 



The Owners’ single family residence is located on this site in the Northfield Manor 

Subdivision. 




Public Hearing was closed at 8:16P.M. 




Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






 

C1 

PUBLIC WORKS 

AUTHORIZATIONFORMAYOR TO SIGN AN AGREEMENT WITH BECK 

DISASTER RECOVERY, INC. For Disaster Debris Monitoring Management & 

Consulting Services 

At the City Council meeting on June 12, 2008, the City Manager was directed by City 

Council to enter into negotiations with the firm of Beck Disaster Recovery, Inc., as the 

most qualified of three firms to provide Disaster Debris Monitoring Management & 

Consulting Services. Those negotiations have been held and the cost will be based on 

negotiated prices for services provided should a natural disaster occur and charge to the 


Authorization to enter into a contract with Beck Disaster Recovery, Inc., to provide 

Disaster Debris Monitoring Management & Consulting Services based on negotiated 

prices for services provided should a natural disaster occur and charge to the appropriate 

account 

C2 

AUTHORIZATIONFORMAYOR TO SIGN AN AGREEMENT WITH 

ASHBRITT, INC., DRC EMERGENCY SERVICES LLC AND ASPLUNDH TREE 

EXPERT COMPANY — For Disaster Recovery and Debris Removal Services 

At the City Council meeting on March 27, 2008, the City Manager was directed by City 

Council to enter into negotiations with Ashbritt, Inc., DRC Emergency Services LLC, 

and Asplundh Tree Expert Company as the three most qualified of five firms to provide 

Disaster Recovery and Debris Removal Services. Those negotiations have been held and 

the cost will be based on negotiated prices for services provided should a natural disaster 

occur and charge to the appropriate account. 

Authorization to enter into a contract with Ashbritt, Inc., DRC Emergency Services LLC, 

and Asplundh Tree Expert Company to provide Disaster Recovery and Debris Removal 

Services based on negotiated prices for services provided should a natural disaster occur 

and charge to the appropriate account. 




C3 


AUTHORIZATION FOR MAYOR TO SIGN A VOLUNTARY ANNEXATION 

AGREEMENT WITH ROBERT AND LEILA FIRMAN (AX08-22 — Annexation 

of 0.14 acres MOL located at 6176 109 th Avenue North) 



Robert and Leila Furman 





Expended 


Waived 

1-Year Projected Total $375.67 $0.00 $3,000.00 

The voluntary Annexation Agreement special provisions are: 

Waive land development fees for 24 months ($3,000.00). 

Authorization for Mayor to sign a voluntary Annexation Agreement with Robert and 

Leila Firman, annexation of 0.14 acres MOL of contiguous residential property located at 

6176 109 th Avenue North. 

C4 



AVENUE NORTH - (Robert and Leila Firman – AX08-22) 



The Owners’ single family home is located on the site in the Northfield Manor 

Subdivision. 




C5 


EVELYN E. JONES - (AX08-21) — Annexation of 0.14 acres MOL located at 6120 

109 th Terrace North. 


located in the Northfield Manor Subdivision. 

Evelyn E. Jones 





Expended 


Waived 



The voluntary annexation of 0.14 acres MOL of property owned by Evelyn E. Jones and 

located at 6120 109 th Terrace North. 

C6 



TERRACE NORTH - (Evelyn E. Jones – AX08-21) 



The Owner’s single family home is located on the site in the Northfield Manor 

Subdivision. 




C7 




GENERALLY LOCATED AT 12900 34 TH STREET AND MORE 

PARTICULARLY DESCRIBED IN EXHIBIT "A", WHICH IS ATTACHED 

HERETO AND MADE A PART THEREOF; IMPOSING CERTAIN 

CONDITIONS OF DEVELOPMENT; CERTIFYING CONSISTENCY WITH 

THE CITY'S ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR 

REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT 

HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR AN 

EFFECTIVE DATE. (PUD 2007-4(R), Barcelona Equipment LLC, Knology of 

Florida, Inc., Owner/Northside Engineering Service, Inc., Agent) 


(PUBLIC HEARING OCTOBER 23, 2008 – (QUASI JUDICIAL)) 


existing ―IPUD‖ Industrial Planned Unit Development with underlying ―IH‖ Heavy 

Industrial Zoning on a 4.74 acre parcel of land generally located at 12900 34 th Street to 

allow a change of use to a crane and equipment rental business. The applicant is 

requesting waivers and/or variances to the following: shielding requirements for outdoor 

storage to allow a six-foot-high, chain link fence in lieu of a solid wall along 34 th Street, 

landscape requirements to reduce the interior green space from 8% to 0.7%, lot coverage 

from 75% to 77% and drive aisle width for two-way traffic from 24 feet to 23.1 feet. 



on adopted levels of service for City infrastructure. Surrounding businesses are: to the 

north, E and E Services (heavy equipment repair and storage); to the south, Fleet 

Products; to the east, Alliant Techsystems; and to the west, Glasbrenner Concrete 

Recycling. At its meeting on September 4, 2008, the Planning and Zoning Commission 

recommended APPROVAL of the above request subject to conditions; 

1. Minimum setbacks shall be as illustrated on the ―IPUD‖ Industrial 

Planned Unit Development Master Plan (Exhibit ―B‖) dated August 26, 


2. Criteria assigned to subdivision in notes on the attached Master Site Plan, 

last revised September 17, 2008, shall be accepted as governing 

regulations for the development. All regulations not addressed therein 

shall revert to Code in effect at the time of ―IPUD‖ Industrial Planned 

Unit Development adoption. 




C7 3. The applicant shall be required to provide payment for 41 trees; 10 

canopy, 12 intermediate and 19 understory, and the waiver shall not be in 

effect until such monies are deposited into the City’s ―Tree Bank‖ 

account. 

4. The grant of the variance to outdoor storage shielding requirements is 

based upon the developers/owners commitment that a structure will be 

erected within five years that will serve to screen outdoor storage areas as 

depicted in EXHIBIT ―B‖. Therefore, in the event such structure has not 

been completed and a Certificate of Occupancy issued for such structure 

by August 28, 2012, this variance shall become null and void. The 

property owner may request, in writing, an extension of this date to the 

City Manager at least 90 days prior to the expiration date of this variance 

and the City Manager may approve an extension upon a showing of good 

cause. 

5. This Ordinance, including all exhibits and attachments, shall be recorded 

in the Official Records of Pinellas County, Florida, at the expense of the 

lopers/owners. 

 





program. The properties listed on Exhibit ―A‖ have been cleared by the City after due 







GOVERNMENT RELATIONS 

C9 APPROVAL OF RENEWAL OF THE FINAL 3 RD – 2 YEAR CONTRACT 

PERIODS FOR CONTRACT RFP 03/043 – RONALD L. BOOK, P.A. 

The contract for professional services with Ronald L. Book, P.A., as the contract expires 

January 09, 2009, The original contract provided for a contract period of two years. The 

contact also afforded the City, at its discretion, the right to extend the contract for up to 

three (3) additional two (2) year periods. The City’s annual cost per calendar year is 

$62,000.00, including out-of-pocket expenses of $2,000.00 per calendar year to be 

charged to account #001-111-5-517-62. 

Authorization for approval of the final 3 rd – 2 year contract period renewals with Ronald 

L. Book, P.A. in the amount of $62,000.00, including out-of-pocket expenses of 

$2,000.00 per calendar year, to be charged to account #001-111-5-517-62. 


is appropriate, Items C1 thru C9 inclusive, with Items C4, C6, C7 and C8 being First 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





VI. 


 

PUBLIC WORKS 

R1 SELECTION OF CITY COUNCIL MEMBER TO SERVE ON SELECTION 

BOARD FOR DESIGN OF TRAFFIC SIGNAL AT BELCHER ROAD AND 124 TH 

AVENUE — RFP 09-002 

In accordance with Resolution 78-58 / 91-93 and Section 287.055 Florida Statutes 

(Consultant Competitive Negotiation Act), a Selection Board consisting of not more than 

seven members (one of whom is to be a City Council member) will be used to review 

proposals for consultant services and to make a recommendation to City Council and the 

City Manager. City Council will select the Council member who will serve on the 

Selection Board for review and evaluation of the proposals received in response to the 

Request for Proposals (RFP) for Design of a Traffic Signal at Belcher Road and 124 th 

Avenue. 


Bradbury to APPROVE Selection of Councilman Mullins to serve on the Selection 

Board for review and evaluation of proposals for Design of a Traffic Signal at Belcher 

Road and 124 th Avenue. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R2 

SELECTION OF CITY COUNCIL MEMBER TO SERVE ON THE SELECTION 

BOARD FOR DEISGN SERVICES FOR HOMELAND SUBDIVISION 

DRAINAGE PROJECT — RFP 09 / 006 

In accordance with Resolution 78-58 / 91-93 and Section 287.055 Florida Statutes 

(Consultant Competitive Negotiation Act), a Selection Board consisting of not more than 

seven members (one of whom is to be a City Council Member) will be used to review the 

proposals for design services and to make a recommendation to City Council and the City 

Manager. City Council will select the Council member who will serve on the Selection 

Board for review and evaluation of the proposals received in response to the Request for 

Proposals (RFP) for Design Services for Homeland Subdivision Drainage Project. 


Butler to APPROVE: selection of Councilman Taylor to serve on the Selection Board 

for Design Services for Homeland Subdivision Drainage Project. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





MISCELLANEOUS 

M1 

SACRED HEART FALL FESTIVAL 

Councilman Taylor stated Sacred Heart Fall Festival will be held October 15 -19, 2008. 

Councilwoman Bradbury suggested Mayor Mischler carry on the tradition of the Mayor 

in the dunking booth at the Festival. 

Councilman Mullins stated there will be a Car and motorcycle display at the Festival and 

a Rally on Sunday, October 19, 2008, with entertainment. 

M2 

CONDOLENCES 

City Council offered condolences to the families of Eleanor Donnely and Al Malenowski 

who recently passed away and will be dearly missed. 

M3 

RELATIVES 

Vice-Mayor Butler said hello to his Aunt Peggy and Cousin Linda who are town. 

M4 

MDA CAR SHOW 

Councilman Mullins stated the United Cruisers of Tampa Bay will hold a Car Show to 

benefit MDA at Barney’s Coffee and Tea on October 23, 2008. 

M5 

HAUNTED HOUSE 

Mayor Mischler stated the Pinellas Park Police Explorers Post #912 and Fire Explorers 

Post #945 are holding a Haunted House at 9945 66 th Street from October 9 – 31, 2008. 

M6 

SILENT AUCTION 

Mayor Mischler stated there will be a Silent Auction held at Park Station by the Pinellas 

Park Citizen’s Police Academy Alumni Association on Friday, October 17, 2008, from 

7:00 P.M. to 9:00 P.M. 

M7 

ASIAN PACIFIC RIM FESTIVAL 




Mayor Mischler stated the second annual Asian Pacific Rim Festival will be at Town 

Square Plaza Park on Saturday, October 11, 2008, and Sunday October 12, 2008. 

M8 

MONDAY MARKET IN THE PARK 

Mayor Mischler stated on Monday, October 18, 2008, the Green Market will open at 

Town Square Plaza Park and continue every Monday from 9:00 a.m. to 2:00 p.m. 

M9 

DR. MACMANUS 

Mayor Mischler stated it was fantastic to hear Dr Susan MacManus as the speaker at the 

Chamber Luncheon. 

M10 

GOOD NIGHT 

Mayor Mischler said good night to Florence and Cindy. 

ADJOURNMENT 


Attest: 

________________________________ 



____________________________ 


Mayor 

/cgg 






MINUTES 

October 23, 2008 



PRESENT: 

ABSENT: 



Vice-Mayor, Rick Butler (entered at 8:56 P.M.) 



None 


Assistant City Manager/Community Development Administrator, Tom Shevlin – City 

Attorney Associate, Regina Kardash - Police Captain, Michael Haworth - Fire Chief, 

Doug Lewis - Public Works Administrator, Tom Nicholls - Library and Recreation 

Services Administrator, Debra Rose - Office of Management and Budget Administrator, 

Dan Katsiyiannis - MIS Administrator, Randy Linthicum – Neighborhood Services 

Administrator, Susan Walker - Finance Administrator, Ron Miller – Human Resources 

Administrator, John Moore - Zoning Director, Dean Neal – Community Planning 

Director, Robert Bray - Asst. Community Development Adm./Building Dev. Div. Service 

Director, Patrick Murphy – Utility Billing Director, James Walker – Civil Engineer 

Designer, Daniel Hubbard - Media and Public Events Manager, Joel Garren - Media & 

Public Events Specialist, Pam Roberts – City Clerk, Diane M. Corna, and Deputy City 

Clerk, Christine Gardner. 







PROCLAMATION 

Florida City Government Week October 19 – 25, 2008 


Sandy Forseth - Police Captain 


Police Captain Michael Haworth presented the following winners: 

A’shuray Wheeler 

Jordan Sao 

Melanie Ramos 

Christine Williams 

Domarian Golden 

Pinellas Park High School 

Pinellas Central Elementary 

Pinellas Central Elementary 

Sacred Heart Interparochial 

Morgan Fitzgerald Middle School 

II. 

PC1 


COMMUNITY COMPLIANCE 

Joe Shelley, 6035 86 th Avenue, requested the City pass an ordinance requiring trailers at 

residences to be parked so the auto tag is visible and presented pictures of a property with 

three trailers on it. 

Marcus Sain, 9221 55 th Street, stated he owns the property Mr. Shelley is referring to. 

Mayor Mischler stated the Sain property will be discussed during Item R1. 

Councilman Taylor asked if vehicles are allowed on a property without valid auto tags? 

Attorney Denhardt stated the City has an ordinance prohibiting inoperable vehicles which 

that includes vehicles that are not properly licensed or tagged. Sometimes the Community 

Compliance Specialists find it hard to know if a vehicle is licensed or tagged due to how 

it is parked on the property. 

Attorney Denhardt stated the Specialists are limited on their ability to go onto private 

property unless a violation is visible from outside of the property. 

Councilman Taylor asked if those limitations include trailers that are parked up against a 

building where you cannot see behind them? 




Attorney Denhardt stated that depends on if a vehicle is under covered parking or 

enclosed parking and whether it constitutes junk or an inoperative motor vehicle or 

trailers. 

Councilman Taylor asked Administrator Walker if she has explained this issue to Mr. 

Shelley? 

Neighborhood Services Administrator Walker stated she has spoken with Mr. Shelley 

about Item R1 and the pictures presented by Mr. Shelley do not indicate to her that the 

trailers are inoperable or not properly tagged. 

Administrator Walker stated staff cannot go onto private property and look behind 

vehicles to determine if they have valid tags but the homeowner can provide that 

information. 

Mayor Mischler stated Florida Law prohibits staff from going on to private property to 

check the validity of a tag, unless it is visible from a right of way. 

PC2 

CHAMBER OF COMMERCE CURRENT EVENTS/BUSINESS 

Pinellas Park/Gateway Chamber of Commerce Chairman Housh Ghovaee, provided 

information on the BAHA Horse Show on Sunday, October 26, 2008, at Helen Howarth 

Park and Taste in the Park on Thursday, November 6, 2008, at the Performing Arts 

Center. 

Mr. Ghovaee thanked the City for supporting the Chamber of Commerce and local 

businesses. 

Councilman Taylor asked about the progress of the development of the Marriot? 

Mr. Ghoavee stated the City has been very helpful with the development of this project. 





III. 


Approval of Regular Council Minutes of October 9, 2008, as on file in the City Clerk’s 

Office. 


Bradbury to APPROVE the Regular Council Minutes of October 9, 2008, as on file in 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





IV. 

 

P1 







AX08-19) 

CONTINUED SECOND PUBLIC HEARING, SECOND AND FINAL READING 













Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P2 



AVENUE NORTH - (Robert and Leila Firman – AX08-22) 



The Owners’ single family home is located on the site in the Northfield Manor 

Subdivision. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P3 



TERRACE NORTH - (Evelyn E. Jones – AX08-21) 



The Owner’s single family home is located on the site in the Northfield Manor 

Subdivision. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P4 




GENERALLY LOCATED AT 12900 34 TH STREET AND MORE 

PARTICULARLY DESCRIBED IN EXHIBIT "A", WHICH IS ATTACHED 

HERETO AND MADE A PART THEREOF; IMPOSING CERTAIN 





EFFECTIVE DATE. (PUD 2007-4(R), Barcelona Equipment LLC, Knology of 

Florida, Inc., Owner/Northside Engineering Service, Inc., Agent) 




existing “IPUD” Industrial Planned Unit Development with underlying “IH” Heavy 

Industrial Zoning on a 4.74 acre parcel of land generally located at 12900 34 th Street to 

allow a change of use to a crane and equipment rental business. The applicant is 

requesting waivers and/or variances to the following: shielding requirements for outdoor 

storage to allow a six-foot-high, chain link fence in lieu of a solid wall along 34 th Street, 

landscape requirements to reduce the interior green space from 8% to 0.7%, lot coverage 

from 75% to 77% and drive aisle width for two-way traffic from 24 feet to 23.1 feet. 



on adopted levels of service for City infrastructure. Surrounding businesses are: to the 

north, E and E Services (heavy equipment repair and storage); to the south, Fleet 

Products; to the east, Alliant Techsystems; and to the west, Glasbrenner Concrete 

Recycling. At its meeting on September 4, 2008, the Planning and Zoning Commission 

recommended APPROVAL of the above request subject to conditions; 

1. Minimum setbacks shall be as illustrated on the “IPUD” Industrial 

Planned Unit Development Master Plan (Exhibit “B”) dated August 26, 


2. Criteria assigned to subdivision in notes on the attached Master Site Plan, 

last revised September 17, 2008, shall be accepted as governing 

regulations for the development. All regulations not addressed therein 

shall revert to Code in effect at the time of “IPUD” Industrial Planned 

Unit Development adoption. 

3. The applicant shall be required to provide payment for 41 trees; 10 

canopy, 12 intermediate and 19 understory, and the waiver shall not be in 

effect until such monies are deposited into the City’s “Tree Bank” 

account. 




P4 4. The grant of the variance to outdoor storage shielding requirements is 

based upon the developers/owners commitment that a structure will be 

erected within five years that will serve to screen outdoor storage areas as 

depicted in EXHIBIT “B”. Therefore, in the event such structure has not 

been completed and a Certificate of Occupancy issued for such structure 

by August 28, 2012, this variance shall become null and void. The 

property owner may request, in writing, an extension of this date to the 

City Manager at least 90 days prior to the expiration date of this variance 

and the City Manager may approve an extension upon a showing of good 

cause. 

5. This Ordinance, including all exhibits and attachments, shall be recorded 

in the Official Records of Pinellas County, Florida, at the expense of the 

developers/owners. 




Dorene Williams, Northside Engineering, provided information on this item and 

surrounding properties. The owner will begin development on Phase Two in March 2009. 


MOTION was made by Councilman Mullins, and SECONDED by Councilwoman 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


Mayor Mischler thanked Ms. Williams for the informative presentation. 


















Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 






 


C1 RESOLUTION NO. _08-29. LOT MOWING LIENS, PROGRAM #220. 







ITEM C2 WAS MOVED TO THE REGULAR AGENDA 

 

C3 




AVENUE NORTH – (TRYGVE AND ROGER JOHNSON - AX08-24) 


This is a voluntary annexation of 0.61 acres MOL of contiguous commercial property. 

The Owners’ business, The Wood Company, is located on this site in the Pinellas Groves 

Subdivision. 




C4 


TRYGVE AND ROGER JOHNSON (AX08-24 — Annexation of 0.61 acres MOL 

located at 4143 118 th Avenue North 

This is a voluntary annexation of 0.61 acres MOL of contiguous commercial property 

located at 4143 118 th Avenue North. The Wood Company is located on this site in the 

Pinellas Groves Subdivision. 

Trygve and Roger 

Johnson 4143 118 th 

Avenue North 

City Projected Annual City 

Revenue 

Funds 

Expended 


Waived 

1-Year Projected 

Total $4,783.32 $0.00 $0.00 


The voluntary annexation of 0.61 acres MOL of contiguous commercial property owned 

by Trygve and Roger Johnson and located at 4143 118 th Avenue North 

C5 

ORDINANCE NO._3650. AMENDING CHAPTER 18 (LAND DEVELOPMENT 

CODE) ARTICLE 9, ―TECHNICAL CODES‖ OF THE CITY OF PINELLAS 

PARK, FLORIDA. 


An ordinance amending Chapter 18 (Land Development Code) Article 9, “Technical 


Section 18-915 “Designation of Dangerous Structures and Legal Procedure for 

Condemnation” by amending Subsection (C) Form of Notice and Subsection (E) 

Condemnation Procedure. This proposed amendment would allow the City not to 

reconnect the Utility Service until all costs incurred by the City are paid in full. 




FINANCE 

C6 RESOLUTION NO. 08-30. A RESOLUTION AUTHORIZING A REFUND TO 

RESIDENTIAL RECYCLING CUSTOMERS EFFECTIVE NOVEMBER 1, 2008. 


The City began a curbside recycling program in October 1989 for residential customers. 

Due to the efforts of the community, the avoided disposal fee savings has resulted in a 

twelve-month credit of approximately $72,873.79. This amount is to be refunded to 

residential recycling customers as a credit of approximately $5.00 per customer, which is to 

be applied to their utility account. This refund will be charged to account number 001- 

259911. 


is appropriate, Items C1 and C3 thru C6 inclusive, with Items C1, C3 and C5 being First 

Reading Prior to Public Hearing and Item C6 being First and Final Reading, and 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





R1A C2 

 

PUBLIC WORKS 

AUTHORIZATIONFORMAYOR TO SIGN AN AMENDMENT #06-2008 TO 

THE CONTRACT FOR TRAFFIC CONSULTANT SERVICES WITH TBE 

GROUP, INC. — (06-014 RFP) — (Parking lot design at Performing Arts Center) 

This work is to design a parking lot for approximately 180 vehicles at the Performing 

Arts Center utilizing Low Impact Development techniques. The amount of $49,700 will 

be charged to account number 301-701-5-744-83. The budgeted amount for design and 

construction of this project is $500,000.00, which can be found on page 375 of the 08/09 

budget. 


Bradbury to DENY authorization for Mayor to sign Amendment 06/014 RFP to the 

Agreement for Traffic Consultant Services, TBE Group, Inc., Clearwater, FL, for design 

of a parking lot for a total cost of $49,700 to be charged to the appropriate account. 

Councilwoman Bradbury stated she seconded the motion for discussion but she does not 

agree with denying the design portion of the project. 

Councilwoman Bradbury stated she would like to proceed with the design and when the 

Performing Arts Center is more lucrative then proceed with the parking lot in phases. 

Councilman Taylor stated he will not support proceeding with the design unless the 

construction will proceed also. Events are held at Town Square Plaza and the grass lot on 

that site is used for parking and this should be no different. 

Councilman Taylor stated he supported the purchase of this property and the 

improvements to the Performing Arts Center but spending $50,000 on design of a parking 

lot does not make sense to him at this time. 

Councilman Mullins stated most of the events at Town Square Plaza are daytime events 

with a younger crowd but the Performing Arts Center evening events are different and he 

is concerned with elderly being injured or people getting stuck. 

Councilman Mullins stated he thinks the design should be taken care of now so when the 

funding is available in a couple of years the project will proceed. 

Councilman Taylor stated the Performing Arts Center is very nice and there is 

considerable parking available whether it is on grass or pavement. 

Councilman Taylor stated now is the time to conserve money to cover unforeseen 

expenses. 




Mayor Mischler stated he thinks the City should proceed with the design anticipating 

there will be future funding. 

Mayor Mischler stated the terrain of the grass parking area slopes down and gets very 

muddy and this is the first step toward improvements. 

Trish MacFarlane, 8421 62 nd Street, stated she agrees with Councilman Taylor that now 

is not the best time to spend the money but maybe the design is needed to apply for 

grants. . 

City Manager Gustafson stated a design is needed to apply for a Community 

Development Block Grant. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

MOTION FAILED 


Mullins to APPROVE authorization for Mayor to sign Amendment 06/014 RFP to the 

Agreement for Traffic Consultant Services, TBE Group, Inc., Clearwater, FL, for design 

of a parking lot for a total cost of $49,700 to be charged to the appropriate account. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 





VI. 

 

R1 



REQUEST FOR REDUCTION OR ELIMINATION OF SPECIAL MAGISTRATE 

(SM) LIEN NO. 08-07-5069 – 9221 55th Street (Marcus Sain) 

Marcus Sain, owner of the property located at 9221 55th Street has requested a reduction 

or elimination of the $16,250.00 Special Magistrate (SM) Lien No. 08-07-5069 on his 

property. On September 24, 2008, the Special Magistrate recommended that SM Lien 

No. 08-07-5069 be reduced to the amount of $3,000.00, provided the reduced amount is 

paid by a date determined by City Council. The City's estimated cost in handling this 

case is $366.01. 

Marcus Sain, 9221 55 th Street, stated he received a fine last year and he cleaned up his 

property and thought the fine stopped at that time. 

Mr. Sain stated he hasn’t done anything different on his property and he doesn’t think a 

$50 per day fine is a fair evaluation of his property. 

Mayor Mischler stated there was a fine reduction in September 2007 but in April 2008 

there was a reinspection on the property and it was not in compliance. 

Mr. Sain stated nothing has changed on his property and he doesn’t understand why the 

fine stops and starts and he would like the fine to be completely eliminated. 


to APPROVE the request for a reduction of SM Lien No. 08-07-5069, against Marcus 

Sain and the property located at 9221 55th Street, to the reduced amount of $3,000.00, 

provided this reduced amount is paid by November 24, 2008, otherwise the lien will 

automatically revert back to the original amount of $16,250.00. 

Joe Shelley, 6035 86 th Avenue, stated the homeowner was properly notified and he is in 

opposition to reducing the lien. 

Mayor Mischler stated the Special Master has recommended this reduction and Council 

will take that under consideration for their approval. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





R2 

CITY COUNCIL 

REAPPOINTMENT TO PINELLAS PLANNING COUNCIL (PPC) 

The appointment of Councilwoman Sandra L. Bradbury, to the Pinellas Planning Council 

expires December 31, 2008. The Pinellas Planning Council appointment is for a two-year 

period. Councilwoman Bradbury has served on the Pinellas Planning Council since April 

2002. 

MOTION was made by Councilman Taylor, and SECONDED by Councilman Mullins 

to APPROVE the re-appointment of Sandra L. Bradbury to represent the City of Pinellas 

Park on the Pinellas Planning Council for a term from January 1, 2009 through December 

31, 2010. 

Councilwoman Bradbury stated she enjoys serving on PPC and working with all the 

representatives from other municipalities. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





R3 

DESIGNATION OF CITY’S VOTING DELEGATE — At the National League of 

Cities Annual Conference in Orlando, FL, November 10-15, 2008 

As a direct member City, a voting delegate and alternate must be officially designated to 

cast a vote at the Annual Business Meeting on Saturday, November 15, 2008 during the 

National League of Cities Annual conference. 


Taylor to APPROVE Designation of Vice-Mayor Butler to serve as the Voting Delegate 

and Councilman Mullins as the Alternate at the National League of Cities Annual 

Conference in Orlando, FL. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


Councilman Mullins stated he is very proud to serve as the alternate. 

ITEM R4 WAS DELETED FROM THE AGENDA 




MISCELLANEOUS 

M1 

COMMUNITY SPIRIT IN THE PARK 

Councilwoman Bradbury stated Community Spirit in the Park is looking for volunteers to 

prepare and hang the decorative holiday lights throughout the City. 

M2 


Councilman Mullins stated the Bay Area Horseman’s Association (BAHA) Horse Show 

will be Sunday, October 26, 2008, at Helen Howarth Park beginning at 9:00 a.m. and 

there will be photo opportunities. 

Mayor Mischler stated Movies in the Park will be Saturday, October 25, 2008, beginning 

at 6:00 p.m. at Town Square Plaza. 

Mayor Mischler stated Talent in the Park Music Fair will be Sunday, October 26, 2008, at 

the Performing Arts Center from 1:00 p.m. to 4:00 p.m. 

Mayor Mischler stated every Monday is Monday Market in the Park at Town Square 

Plaza Park from 9:00 a.m. to 2:00 p.m. 

Mayor Mischler stated Halloween in the Park Treat Trail will be held Friday, October 31, 

2008, from 6:00 p.m. to 10:00 p.m. at Town Square Plaza Park. 

Mayor Mischler stated Pinellas Park Civic Orchestra will perform Sunday, November 2, 

2008, at 7:30 p.m. at the Performing Arts Center. 

Mayor Mischler stated A Taste in the Park will be held Saturday, November 6, 2008, at 

the Performing Arts Center and is sponsored by the Pinellas Park/Gateway Chamber of 

Commerce 

Mayor Mischler stated the 33 rd Annual Florida West Coast Region AACA Car Show and 

Swap Meet will be held Friday, November 7, 2008 from 10:00 a.m. to 4:00 p.m. at Town 

Square Plaza Park. 

Mayor Mischler stated the 4 th Annual Veteran’s Day Commemoration will be held 

Friday, November 7, 2008, from 1:00 p.m. to 4:00 p.m. at the Performing Arts Center. 

VICE-MAYOR BUTLER ENTERED THE MEETING AT 8:56 P.M. 




M3 

SUNCOAST LEAGUE OF CITIES 

Vice-Mayor Butler stated he just left the Suncoast League of Cities Meeting that was 

very informative. 

ADJOURNMENT 


Attest: 

_____________________________ 



__________________________ 


Mayor 

/cgg 






MINUTES 

November 13, 2008 



PRESENT: 

ABSENT: 











Administrator, Dan Katsiyiannis – MIS Administrator, Randy Linthicum – Neighborhood 

Services Administrator, Susan Walker – Finance Administrator, Ron Miller – Human Resources 

Administrator, John Moore – Zoning Director, Dean Neal – Community Planning Director, Bob 

Bray – Building Development Inspection Supervisor, Ken Lubecki – Public Activities Manager, 

Joel Garren – Media & Public Events Specialist, Pam Roberts – City Clerk, Diane M. Corna, and 

Office Specialist, Nichole Orr. 





NOVEMBER 13, 2008


PROCLAMATIONS 

United States Marine Corp Day – 233 rd Birthday 

SERVICE AWARDS 

District Fire Chief Lou Sclafani – 25 Years of Service 

Fire Lieutenant/EMT James Vuolo – 25 Years of Service 

II. 

PC1 


IRON MAN 

George White, 4511 67 TH Avenue, asked Council what the City gets out of the Iron Man 

Triathlon? 

Mayor Mischler stated there will be a meeting before next years event. 

Mr. White stated he feels there are so many problems that come from the event. 

PC2 

ECONOMY 

Peter White, 7197 120 th Avenue, stated his thoughts and concerns on the economy. 





III. 


Approval of Regular Council Minutes of October 23, 2008, as on file in the City Clerk’s 

Office. 


Bradbury to APPROVE the Regular Council Minutes of October 23, 2008, as on file in 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 




None 



None 





IV. 

 



P1 RESOLUTION NO. _08-29. LOT MOWING LIENS, PROGRAM #220. 













Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 




None 



None 





P2 




AVENUE NORTH – (TRYGVE AND ROGER JOHNSON - AX08-24) 


This is a voluntary annexation of 0.61 acres MOL of contiguous commercial property. 

The Owners’ business, The Wood Company, is located on this site in the Pinellas Groves 

Subdivision. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 




None 



None 





P3 

ORDINANCE NO._3650. AMENDING CHAPTER 18 (LAND DEVELOPMENT 

CODE) ARTICLE 9, “TECHNICAL CODES” OF THE CITY OF PINELLAS 

PARK, FLORIDA. 


An ordinance amending Chapter 18 (Land Development Code) Article 9, “Technical 


Section 18-915 “Designation of Dangerous Structures and Legal Procedure for 

Condemnation” by amending Subsection (C) Form of Notice and Subsection (E) 

Condemnation Procedure. This proposed amendment would allow the City not to 

reconnect the Utility Service until all costs incurred by the City are paid in full. 

Councilman Taylor asked if this will speed up the process of collecting the funds owed to 

the City? 

City Manager Gustafson stated the property will not be able to turn on utility services 

until all funds are paid. 




Public Hearing was closed at 8:00P.M. 




Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 




None 



None 





P4 CONSIDERATION OF A CONDITIONAL USE REQUEST FOR A 

CONDITIONAL USE TO ALLOW AN "AUTOMOBILE DEALER - NEW CARS” 

(SCOOTERS/MOTORCYCLES) FOR A MOTORCYCLE DEALERSHIP IN THE 

“B-1” GENERAL COMMERCIAL ZONING DISTRICT WITH A WAIVER TO 

THE CONDITIONAL USE REQUIREMENT FOR A 10-FEET-WIDE 

LANDSCAPED BUFFER ALONG THE ENTIRE RIGHT-OF-WAY WHICH 

PROVIDES PRIMARY ACCESS TO THE SITE FOR A PROPERTY 

GENERALLY LOCATED AT 7000 PARK BOULEVARD. (CU 2008-28 American 

Property Group No. IV, Ronald Pownall/Patcharee Clark) 


The applicant is requesting consideration of a Conditional Use in the “B-1” General 

Commercial Zoning District to establish an “Automobile Dealer – New Cars” 

(scooters/motorcycles), on a parcel of land generally located at 7000 Park Boulevard. The 

applicant is also requesting a waiver to the Conditional Use requirement for a 10-feetwide 

landscaped buffer along the entire right-of-way which provides primary access to 

the site. The proposal appears to be consistent with the Comprehensive Plan and should 

not lower adopted levels of service for City infrastructure. Surrounding land uses are: to 

the north, Sam’s Club; to the south, (County) Nurses Helping Hands, Inc.; to the east, 

vacant commercial building and (County) undeveloped commercial land; and to the west, 

Verizon strip center. At its meeting on October 2, 2008, the Planning and Zoning 

Commission recommended approval of the above request subject to one condition. 



Ronald J. Pownall, 7005 Greenbriar Drive, Seminole, stated he has agreed to provide 

payment to the City’s “Tree Bank” account. 






Bradbury to APPROVE a Conditional Use request to establish an “Automobile Dealer- 

New Cars” (scooters/motorcycles) in the “B-1” General Commercial Zoning District with 

a waiver to the Conditional Use requirement for a 10-feet-wide landscaped buffer along 

the entire right-of-way which provides primary access to the site for a parcel generally 

located at 7000 Park Boulevard, based on the staff report and the criteria found in Section 

18-1509.4(B) & (C), subject to the following condition: 

1. The applicant shall provide payment for one canopy tree, two intermediate 

trees, and two understory trees and the waiver shall not be in effect until such 

monies are deposited into the City’s “Tree Bank” account. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 




None 



None 





P5 

RESOLUTION NO._08-32. A RESOLUTION VACATING PORTIONS OF 

DRAINAGE AND UTILITY EASEMENTS LOCATED ALONG THE SOUTH 

AND WEST PROPERTY LINES OF A PARCEL OF LAND GENERALLY 

LOCATED AT 12104 67 TH COURT. (V 2008-10 Kyle and Rebecca Hoyt) 


The applicant is requesting the vacation of minor portions of drainage and utility 

easements located along the south and west property lines of a parcel of land generally 

located at 12104 67 th Court. The easements were dedicated as part of the Woodbury 

Phase II Subdivision Plat. The vacation of the easements is necessary to construct a 

proposed wood deck. The following Findings of Fact are pertinent to this request: 



vacation. 







Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 




None 



None 






 


C1 RESOLUTION NO. _08-31. LOT MOWING LIENS, PROGRAM #221. 







 

PUBLIC WORKS 

C2 CHANGE ORDER NO. 1 FOR RENEWAL CONTRACT 1 - CONTRACT 08/010- 

MANHOLE REHABILITATION PROGRAM – National Power Rodding, Inc. 

Change Order No.1 is recommended for approval. The Change Order represents an 

increase in the contract amount of $123,000.00 up to the budgeted amount of 

$325,000.00. This Change Order represents an increase of 38.7%. The contract will be 

charged to 301-381-5-760-54, as shown of page 377 on the 2008/2009 CIP. This increase 

is to make additional necessary repairs, while taking advantage on low bid prices. 

Change Order No. 1 for Renewal No. 1, Contract 08/010, Manhole Rehabilitation 

Program, to National Power Rodding, Inc., an increase of $123,000 for a total adjusted 

contract amount of $325,000, to be charged to the appropriate account. 





C3 

ORDINANCE NO. 3653. AMENDING ORDINANCE NO. 1840 WHICH 

ADOPTED THE COMPREHENSIVE PLAN OF THE CITY OF PINELLAS 

PARK, FLORIDA BY AMENDING THE CAPITAL IMPROVEMENTS 

ELEMENT TO INCLUDE A REVISED SCHEDULE OF PROJECTS, AND 

ADOPT BY REFERENCE THE SCHOOL DISTRICT’S FIVE-YEAR WORK 

PROGRAM. 


Pursuant to Growth Management Legislation, each local government must update their 

Capital Improvements Element (CIE) annually. The CIE must contain a schedule of 

projects that maintain the local government’s level of service standards or implement 

projects called for in the seven subjects required to have such standards: potable water, 

sanitary sewer, drainage, solid waste, transportation, parks and recreation, and public 

schools. The CIE contains the Capital Improvement Program (CIP) projects adopted 

September 25, 2008 and included in the City’s Annual Budget document. Also included 

in the CIE, pursuant to state requirements, are (1) the transportation projects of other 

agencies, (2) the school projects based on the Pinellas County School District’s most 

recently adopted Five-Year Work Program and (3) the water supply projects of partner 

agencies supplying water to Pinellas Park’s citizens. The CIE also adopts, by reference, 

the School District’s Five-Year Work Program through Policy CIE.1.5.6. Finally, the 

CIE performs a fiscal analysis showing that the schedule of projects is financially 

feasible. 




C4 

ORDINANCE NO 3651. AN ORDINANCE AMENDING AN ADOPTED MASTER 

PLAN CONTROLLING DEVELOPMENT IN AN EXISTING “IPUD" 




South LLP, and Triad Owners Association Inc./ Trevor Howard - Howard Eng.) 


(PUBLIC HEARING NOVEMBER 25, 2008 – QUASI JUDICIAL) 



Industrial Zoning, and a Conditional Use for “Hotels and motels” on an 8.09 acre parcel 

of land generally located at 4590 Ulmerton Road for the proposed development of a 113- 

unit hotel. Surrounding land uses are: to the north, Ulmerton Business Center, Florida 






infrastructure. At its meeting on October 2, 2008, the Planning and Zoning Commission 

recommended APPROVAL of the above request. 







REZONING A CERTAIN PARCEL OF LAND FROM “R-6” MULTIFAMILY 

RESIDENTIAL/COMMERCIAL DISTRICT TO “B-1” GENERAL 

COMMERCIAL DISTRICT FOR A PARCEL OF LAND GENERALLY 

LOCATED AT 7685 66 TH STREET NORTH AND THE PARCEL OF LAND 

GENERALLY LOCATED SOUTH OF 7685 66 TH STREET NORTH AND EAST 

OF 7641 66 TH STREET NORTH. (Z 2008-7 – Gary L. Heller/Advanced Engineering 

& Design, Inc.) 


Public Hearing, November 25, 2008 (QUASI-JUDICIAL) 

The applicant is requesting a rezoning from “R-6” Multi-family Residential/Commercial 

District to “B-1” General Commercial District or azoning classification of a lesser 

intensity as identified by Chapter 18, Land Development Code, of the City of Pinellas 

Park for two parcels totaling approximately 1.104 acres generally located at 7685 66 th 

Street North and the parcel of land generally located south of 7685 66 th Street North and 

east of 7641 66 th Street North. The rezoning is requested in order to provide more 

flexibility for a proposed parking lot expansion. The abutting Zoning Districts are to the 

north, “B-1” General Commercial District; to the south and west “B-1” General 

Commercial District and “R-6” Multi-family Residential/Commercial District; and to the 

east, “R-6” Multi-family Residential/Commercial District. The subject parcels are located 

in the Community Redevelopment District; therefore, the rezoning will be consistent with 

the future land use category. Subject to any matters that may be discussed at the hearing, 


should have no adverse effect on adopted levels of service for City infrastructure. At their 

meeting of October 2, 2008, the Planning and Zoning Commission recommended 

APPROVAL of the rezoning based on the “Responses of Relevant Considerations for 

Rezoning.” The Relevant Considerations found that: 






C6 

AUTHORIZATION FOR THE CITY MANAGER TO SIGN A MEMORANDUM 

OF UNDERSTANDING WITH PINELLAS CORE MANAGEMENT SERVICES, 

INC. FOR THE TEMPORARY USE OF OFFICE SPACE IN THE TECHNICAL 

SERVICES BUILDING. 

In conjunction with its various programs benefitting Pinellas County children and 

families, Pinellas Core Management Services, Inc. operates the Family Action Network. 

In order to carry out its function, Pinellas Core Management Services provides 

representatives at various locations within Pinellas County. 

The City wishes to host one or more Pinellas Core Management Services, Inc. 

representatives whose mission is to focus on the strengths and abilities of parents using 

goal setting to help build their capacity to be educated, trained, employed and financially 

stable. 

The parties have reached an agreement with respect to the City hosting such 

representatives, and now wish to reduce their agreement in this regard to writing. 

Authorization for City Manager to sign a Memorandum of Understanding with Pinellas 

Core Management Services, Inc. 


is appropriate, Items C1 thru C6 inclusive, with Items C4 and C5 being Quasi Judicial 

with Items C1, C3 thru C5 being First Reading Prior to Public Hearing, and 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 




None 



None 





VI. 

R1 

 



REQUEST FOR REDUCTION OR ELIMINATION OF SPECIAL MAGISTRATE 

(SM) LIEN NO. 06-08-2690 – 8511 56th Way (Brent Griffith) 

Brent Griffith, owner of the property located at 8511 56th Way, has requested a reduction 

or elimination of the $1,575.00 Special Magistrate (SM) Lien No. 06-08-2690 on his 

property. In his letter dated October 31, 2008, the Special Magistrate recommended that 

SM Lien No. 06-08-2690 be reduced to the City's estimated cost in handling this case to 

the amount of $569.58, provided the reduced amount is paid by November 30, 2008. 

Brent Griffith, 15816 2 nd St E, Redington Beach, asked Council if they could please 

extend the date for the amount to be paid to December 15, 2008. 


Taylor to APPROVE the request for a reduction of SM Lien No. 06-08-2690, against 

Brent Griffith and the property located at 8511 56th Way, to the reduced amount of 

$569.58, provided this reduced amount is paid by December 15, 2008, otherwise the lien 

will automatically revert back to the original amount of $1,575.00. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 




None 



None 





R2 REAPPOINTMENT TO THE COMMUNITY PROJECTS ADVISORY BOARD – 

Sylvia Baker 

Sylvia Baker’s term expired on October 31, 2008. Ms. Baker is an Owner/Manager of a 

City Business and a member of the Community Projects Advisory Board since October 

2006. Ms. Baker has expressed a desire to continue to serve on the Community Projects 

Advisory Board for a two-year term. 


Taylor to APPROVE the reappointment of Sylvia Baker as an Owner/Manager of a City 

Business to serve on Community Projects Advisory board for a two-year term to expire 

October 31, 2010. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 




None 



None 


Councilwoman Bradbury stated all of Council appreciates all the hard work and advice 

given by the volunteers on the City Boards. 




R3 


AUTHORIZATION FOR THE MAYOR TO SIGN A CONTRACT FOR THE 

PURCHASE OF REAL PROPERTY FROM MS. DELORES WILSON – 0.16 acres 

MOL located at 4931 78 th Avenue North 

With the exception of the corner lot, this is the last parcel of land on the north side of 78 th 

Avenue between 49 th Street and 52 nd Street that is not City-owned. 

Ms. Wilson has agreed to sell the property to the City for the assessed value, as 

determined by the Pinellas County Property Appraiser, of Fifty Six Thousand Three 

Hundred Dollars ($56,300). Additionally, the City will release any and all outstanding 

Code Enforcement liens against the property per Code Enforcement Case No. CE 

198901469, in the approximate amount of Eleven Thousand Seven Hundred Thirty 

Dollars ($11,730). 

The City will make a down payment in the amount of Six Thousand Three Hundred 

Dollars ($6,300.). Ms. Wilson will hold a purchase money first mortgage in the amount 

of Fifty Thousand Dollars ($50,000) bearing a fixed interest rate of 5% per annum and 

amortized for a period of 20 years. Quarterly payments as to principal and interest will be 

Nine Hundred Ninety Two Dollars and Thirty Five Cents. The purchase will be charged 

to account # 301-175-5727-68. 





Taylor to APPROVE authorization for the Mayor to sign a Contract for Purchase of a 

parcel of real property located at 4931 78 th Avenue North in the amount of $56,300 to be 

charged to the appropriate account. Additionally, the City will release any and all Code 

Enforcement liens against the property per Code Enforcement Case No. CE 198901469 

in the approximate amount of $11,730. Buyer to pay for closing costs and title insurance, 

subject to the closing documents being acceptable to the City attorney. 

Muriel Bruno, 4121 69 th Avenue, asked what the contract price of the property is? 

Mayor Mischler stated the contract price is $56,300.00. 

City Manager Gustafson stated the interest rate is a fixed 5% with a 20 years payment 

plan. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 




None 



None 


MISCELLANEOUS 

M1 

SPIRIT IN THE PARK 

Councilwoman Bradbury stated volunteers are needed to help put up the holiday lights. If 

interested call 544-9139. 

M2 

THANK YOU TO ALL MILITARY 

Councilwoman Bradbury thanked Finance Administrator Miller for always making sure 

there is a Marine present at the Council Meeting every year. 

Councilwoman Bradbury also thanked all members of all the military branches. 




ADJOURNMENT 


Attest: 

_____________________________________ 



____________________________________ 


Mayor 

/nlo 






MINUTES 

November 25, 2008 



PRESENT: 

ABSENT: 






None 






Administrator, Dan Katsiyiannis – MIS Administrator, Randy Linthicum – Human Resources 

Administrator, John Moore – Finance Administrator, Ron Miller – Neighborhood Services 

Manager, Cara Reed – Community Planning Director, Robert Bray – Zoning Director, Dean 

Neal – Media & Public Events Specialist, Pam Roberts – Public Activities Manager, Joel Garren 

– City Clerk, Diane M. Corna and Office Specialist, Nichole Orr. 







SPECIAL PRESENTATION — DO THE RIGHT THING 

Police Chief Dorene Thomas presented the following winners: 

Olivia Reynolds 

Joseph Branin 

Steven Walls 

Nathan Reynolds 

Soleaya Szwed 


Housh Ghovee and Patty Johnson thanked Council for their support of the 

Equestrian Community. 

II. 


THERE WERE NO PUBLIC COMMENTS 


III. 


Approval of Regular Council Minutes of November 13, 2008, as on file in the City 



to APPROVE the Regular Council Minutes of November 13, 2008, as on file in the City 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





IV. 

 



P1 RESOLUTION NO. _08-31. LOT MOWING LIENS, PROGRAM #221. 














Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P2 


ORDINANCE NO. 3653. AMENDING ORDINANCE NO. 1840 WHICH 

ADOPTED THE COMPREHENSIVE PLAN OF THE CITY OF PINELLAS 

PARK, FLORIDA BY AMENDING THE CAPITAL IMPROVEMENTS 

ELEMENT TO INCLUDE A REVISED SCHEDULE OF PROJECTS, AND 

ADOPT BY REFERENCE THE SCHOOL DISTRICT’S FIVE-YEAR WORK 

PROGRAM. 


Pursuant to Growth Management Legislation, each local government must update their 

Capital Improvements Element (CIE) annually. The CIE must contain a schedule of 

projects that maintain the local government’s level of service standards or implement 

projects called for in the seven subjects required to have such standards: potable water, 

sanitary sewer, drainage, solid waste, transportation, parks and recreation, and public 

schools. The CIE contains the Capital Improvement Program (CIP) projects adopted 

September 25, 2008 and included in the City’s Annual Budget document. Also included 

in the CIE, pursuant to state requirements, are (1) the transportation projects of other 

agencies, (2) the school projects based on the Pinellas County School District’s most 

recently adopted Five-Year Work Program and (3) the water supply projects of partner 

agencies supplying water to Pinellas Park’s citizens. The CIE also adopts, by reference, 

the School District’s Five-Year Work Program through Policy CIE.1.5.6. Finally, the CIE 

performs a fiscal analysis showing that the schedule of projects is financially feasible. 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P3 

ORDINANCE NO 3651. AN ORDINANCE AMENDING AN ADOPTED MASTER 

PLAN CONTROLLING DEVELOPMENT IN AN EXISTING ―IPUD" 




South LLP, and Triad Owners Association Inc./ Trevor Howard - Howard Eng.) 





Industrial Zoning, and a Conditional Use for “Hotels and motels” on an 8.09 acre parcel 

of land generally located at 4590 Ulmerton Road for the proposed development of a 113- 

unit hotel. Surrounding land uses are: to the north, Ulmerton Business Center, Florida 






infrastructure. At its meeting on October 2, 2008, the Planning and Zoning Commission 

recommended APPROVAL of the above request. 




Trevor Howard, 3111 11 th Street N, St. Petersburg, gave a presentation outlining this 

item. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 








REZONING A CERTAIN PARCEL OF LAND FROM ―R-6‖ MULTIFAMILY 

RESIDENTIAL/COMMERCIAL DISTRICT TO ―B-1‖ GENERAL 

COMMERCIAL DISTRICT FOR A PARCEL OF LAND GENERALLY 

LOCATED AT 7685 66 TH STREET NORTH AND THE PARCEL OF LAND 

GENERALLY LOCATED SOUTH OF 7685 66 TH STREET NORTH AND EAST 

OF 7641 66 TH STREET NORTH. (Z 2008-7 – Gary L. Heller/Advanced Engineering 

& Design, Inc.) 



The applicant is requesting a rezoning from “R-6” Multi-family Residential/Commercial 

District to “B-1” General Commercial District or a zoning classification of a lesser 

intensity as identified by Chapter 18, Land Development Code, of the City of Pinellas 

Park for two parcels totaling approximately 1.104 acres generally located at 7685 66 th 

Street North and the parcel of land generally located south of 7685 66 th Street North and 

east of 7641 66 th Street North. The rezoning is requested in order to provide more 

flexibility for a proposed parking lot expansion. The abutting Zoning Districts are to the 

north, “B-1” General Commercial District; to the south and west “B-1” General 

Commercial District and “R-6” Multi-family Residential/Commercial District; and to the 

east, “R-6” Multi-family Residential/Commercial District. The subject parcels are located 

in the Community Redevelopment District; therefore, the rezoning will be consistent with 

the future land use category. Subject to any matters that may be discussed at the hearing, 


should have no adverse effect on adopted levels of service for City infrastructure. At their 

meeting of October 2, 2008, the Planning and Zoning Commission recommended 

APPROVAL of the rezoning based on the “Responses of Relevant Considerations for 

Rezoning.” The Relevant Considerations found that: 






Michael Steinback, 12746 Trisha’s Place, Tampa, gave a presentation on the plans for the 

parking lot. 







Councilwoman Bradbury asked if the applicant will need a Unity of Title to combine the 

two properties? 

Zoning Director Neal stated the Zoning Division will process a Unity of Title to tie the 

parking lot with the structure. 

Councilman Taylor asked if this could have been worked out when the land swap 

happened? 

City Manager Gustafson stated the City would not have known what the property was 

being used for. 

Mayor Mischler asked if Mr. Steinback understood the Unity of Title process for the 

parcels. 

Mr. Steinback stated they have already submitted a Unity of Title. 

Mayor Mischler asked if the dwelling will be removed from the north side of the 

property? 

Mr. Steinback stated there will not be any buildings removed from the property and 

parking will be behind the church. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P5 

CONSIDERATION OF A REQUEST FOR A TIME EXTENSION TO LEGALLY 

ESTABLISH A CONDITIONAL USE FOR ―DWELLINGS, MULTI-FAMILY 

(WITH A DENSITY GREATER THAN 12.5 BUT NOT EXCEEDING 15 UNITS 

PER NET ACRE) WHEN ASSIGNED RM, R/OG, R/O/R, OR CRD LAND USE‖ 

IN THE ―R-6‖ MULTIFAMILY RESIDENTIAL/COMMERCIAL ZONING 

DISTRICT WITH WAIVERS TO THE FOLLOWING CONDITIONAL USE 

REQUIREMENTS: DESIGN CRITERIA AND THAT ALL RESIDENTIAL 

DEVELOPMENT WILL CONTAIN A MINIMUM OF TWO STORIES FOR A 

PARCEL GENERALLY LOCATED AT 4355 84 TH AVENUE. (CU 2009-03 – 

Vanita Hall, Le Club, LLC/Richard D. Harris, P.E.) 

QUASI JUDICIAL (PUBLIC HEARING) 

On January 10, 2008, City Council approved an amendment to an existing Conditional 

Use for “Dwellings, Multi-family (with a density greater than 12.5 but not exceeding 15 

units per net acre) when assigned RM, R/OG, R/O/R, or CRD land use” in the “B-1” 

General Commercial Zoning District with waivers to the following Conditional Use 

requirements: design criteria and that all residential development will contain a minimum 

of two stories. Due to financial reasons, as stated in a letter by the applicant, the applicant 

is requesting that the Conditional Use deadline date for construction of the proposed 

improvements be extended for an additional year. By doing so, the Conditional Use 

approval will not become void and lapse until January 10, 2010. City Divisions have no 

objection to the request. 



Vanita Hall, 110 Greenhaven Trail, Oldsmar, gave a presentation on this request. 

Councilwoman Bradbury asked about the construction of the modular units? 

Ms. Hall stated they are pre-built in a factory. 

Councilwoman Bradbury asked if they will look the same as the current residences? 

Ms. Hall stated they will be the same and will be properly permitted. 

Mayor Mischler asked if the current homes are modular? 

Ms. Hall stated the current homes are frame built. 






to APPROVE a request for a time extension to legally establish a Conditional Use for 

“Dwellings, Multi-family (with a density greater than 12.5 but not exceeding 15 units per 

net acre) when assigned RM, R/OG, R/O/R, or CRD land use” in the “R-6” Multifamily 

Residential/Commercial Zoning District with waivers to the following Conditional Use 

requirements: design criteria and that all residential development will contain a minimum 

of two stories for a parcel generally located at 4355 84 th Avenue. 

Mayor Mischler asked the applicant if she agreed to the one year extension? 

Ms. Hall stated she agrees to the one year extension. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 




 


C1 RESOLUTION NO. _08-33_. LOT MOWING LIENS, PROGRAM #222. 










C2 

POLICE 

AUTHORIZATION FOR TEN RIFLES, MAGAZINES, AND CASES AND 

TWELVE BALLISTIC SHIELDS WITH CARRYING BAGS TO BE 

PURCHASED FROM CONFISCATED PROPERTY FUND. 

This authorizes the purchase of ten Rock River AR 1259, magazines, and cases from SRT 

Supply, 4450 60 th Avenue North, St. Petersburg, Florida 33714 for $8,574.50. Request 

for quotations were sent to three prospective venders. Three quotes were received from 

Carbone’s Custom Firearms, 6810 Front Street, Key West, Florida, Lou’s Police and 

Security Equipment, Inc., 4149 Palm Avenue, Hialeah, Florida and SRT Supply, 4450 

60 th Avenue North, St. Petersburg, Florida 33714. SRT Supply’s bid was within 3% of 

the lowest bid received, therefore, a local vendor discount was applied and SRT Supply 

was selected. 

This also authorizes the purchase of twelve ballistic shields with carrying bags under 

Florida State Contract 680-850-05-1 from SRT Supply, 4450 60 th Avenue North, St. 

Petersburg, Florida 33714 for $12,719.20. 

The total cost for the rifles, magazines, cases, ballistic shields, and carrying bags is 

$21,293.70. 



Authorization to purchase ten Rock River AR 1259 with accessories and twelve ballistic 

shields with carrying bags from SRT Supply, 4450 60 th Avenue North, St. Petersburg, 

Florida 33714. The total cost for these items is $21, 293.70 and will be appropriated from 

the Confiscated Property Fund Balance to Confiscated Property Fund Operating Account 

104-212-5-621-08. 




C3 


AUTHORIZATION TO ENTER INTO A CONTRACT FOR PROFESSIONAL 

SERVICES UNDER HILLSBOROUGH COUNTY CONTRACT S-0176-08 (JSW) 

— The Education Team Inc., St. Petersburg, FL. 

This authorizes the Mayor to sign a Contract for the provision of temporary child care 

staff under Hillsborough County Contract S-0176-08 (JSW). The contract provides for 

temporary staff at a rate of $13.95 hourly to meet requirements of the Pinellas County 

License Board pending completion of training by staff of the Recreation Division. 

Temporary staffing services include the provision of a Credentialed Director and two 

credentialed child care staff designated Staff Member in Charge (SMIC). The contract 

also provides for other temporary child care workers on an as needed basis in order to 

meet required staff to child ratios in the event of an absence by permanent Recreation 

Division staff. The total annual cost is for the 12-month contract is not to exceed $50,000 

unless otherwise Authorized by the City in a Modification Agreement 

Authorization to enter into a contract for professional services under Hillsborough 

County Contract S-0176-08 (JSW) with The Education Team Inc. (St. Petersburg, FL) at 

a total cost not to exceed $50,000 to be charged to the appropriate account. 

 

PUBLIC WORKS 


2007/2008 SIDEWALK/RAMP PROGRAM AND COMMUNITY 

REDEVELOPMENT AREA SIDEWALK PROGRAM – Central Florida 

Contractors, Inc. 


processed and the contract closed out. The increase in the contract amount represents an 

increase of the original contract amount by 2.1%. The accounts to be charged will be 301- 

481-5-736-18 and 301-481-5-736-00. The final contract amount is $4,327.75 over the 

original contract amount and was used for additional sidewalk installation on 86 th Avenue 

and 126 th Avenue. 

Authorization for approval and acceptance of Change Order No. 1, Project 08/009, 07/08 

Sidewalk Construction Program, an increase in the contract amount of $4,327.75, for a total 

adjusted contract amount of $210,112.65 and authorization for final payment of $80,022.37 

to Central Florida Contractors, Inc. to be charged to the appropriate account. 




C5 


RESOLUTION NO. 08-34. AUTHORIZING THE CITY MANAGER TO APPLY 

AND CONTRACT FOR THE FY 2008 EDWARD BYRNE MEMORIAL JUSTICE 

ASSISTANCE GRANT (JAG) PROGRAM – FLORIDA JAG DIRECT WITH 

THE OFFICE OF CRIMINAL JUSTICE GRANTS, FLORIDA DEPARTMENT 

OF LAW ENFORCEMENT; PROVIDING FOR COMPLIANCE WITH THE 

JUSTICE ASSISTANCE GRANT PROGRAM; AND PROVIDING FOR AN 

EFFECTIVE DATE. 


The City is eligible to make application to the Florida Department of Law Enforcement 

(FDLE) for the FY 2008 Edward Byrne Memorial Justice Assistance Grant (JAG) 

Program – Florida JAG Direct in the amount of $8,863 to be used for qualified law 

enforcement program purchases. The Pinellas Park Police Department proposes to use the 

JAG funds to purchase utility uniforms and other gear for use in disaster response and 

recovery operations. This grant application requests $8,863 from the Florida JAG Direct 

grant program. There is no local match requirement for this grant. The resolution 

authorizes the City Manager to execute documents necessary for the application, award 

and reporting required for the grant. 








THE INTERSECTION OF US HIGHWAY 19 AND GATEWAY BOULEVARD 

AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" WHICH IS 

ATTACHED HERETO AND MADE A PART THEREOF; FROM ―B-1‖ 

GENERAL COMMERCIAL DISTRICT TO ―B-1‖ GENERAL COMMERCIAL 

DISTRICT WITH A "CPUD" COMMERCIAL PLANNED UNIT 

DEVELOPMENT OVERLAY, AND ADOPTING A MASTER PLAN AND 

SUPPORTING DOCUMENTATION FOR A ―CPUD‖ COMMERCIAL PLANNED 

UNIT DEVELOPMENT MIXED USE DISTRICT OVERLAY. (PUD 2009-2/BOA 

2009-2/MS 2009-6, GCL, LLC./ Grady Pridgen.) 


(PUBLIC HEARING DECEMBER 11, 2008 – QUASI JUDICIAL) 



Development Overlay and adoption of a Master Plan on a 15.81 acre parcel of land 

generally located at the intersection of US Highway 19 and Gateway Boulevard for the 

development of a multi-family/mixed-use development. A total of 266 residential 

dwelling units and 11, 385 square feet of retail space is proposed. The applicant has 

requested a variance to parking from 589 spaces to 529 spaces and a waiver to interior 

greenspace requirements to allow greater than 15 parking spaces in a row without an 

island. Surrounding land uses are: to the north, Drexel Heritage Furniture; to the south, 

Autoway Toyota; to the east, Mainlands Unit 7 and Tampa Bay Regional Planning 

Council; and to the west, vacant commercial land, Gracewood Nursing Home and 

Autoway Toyota. Subject to any matters that may be discussed at the hearing, staff has 


have no adverse effect on adopted levels of service for City infrastructure. At its meeting 

on November 6, 2008, the Planning and Zoning Commission recommended APPROVAL 

of the above request, subject to the following conditions: 

1. Minimum setbacks shall be as illustrated on the “CPUD” Commercial 

Planned Unit Development Master Plan (Exhibit “B”). Setbacks shall be 

as follows: Front – 20 feet, Secondary Front – 20 feet, Side – 5 feet. 


last revised October 28, 2008, shall be accepted as governing regulations 

for the development. All regulations not addressed shall revert to Code in 

effect at the time of the “CPUD” Commercial Planned Unit Development 

adoption. 







REZONING TWO PARCELS OF LAND GENERALLY LOCATED EAST OF 

U.S. HIGHWAY 19, WEST OF 28 TH STREET, SOUTH OF LAKE MIELE AND 

NORTH OF GANDY BOULEVARD, WITH ONE PARCEL, BEING MORE 

PARTICULARLY DESCRIBED IN EXHIBIT ―A,‖ ATTACHED HERETO AND 

MADE A PART HEREOF; FROM ―M-1‖ LIGHT INDUSTRIAL DISTRICT TO 

―M-1‖ LIGHT INDUSTRIAL DISTRICT WITH AN ―MUPUD‖ MIXED USE 

PLANNED UNIT DEVELOPMENT OVERLAY; AND WITH THE OTHER 

PARCEL, BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT ―B‖, 

ATTACHED HERETO AND MADE A PART HEREOF, FROM ―B-1‖ GENERAL 


AND ADOPTING A CONCEPT PLAN AND SUPPORTING DOCUMENTATION 

FOR AN "MUPUD" MIXED USE PLANNED UNIT DEVELOPMENT OVERLAY 

FOR BOTH SUCH PARCELS, FOR APPROXIMATELY 205 ACRES OF THE 

GATEWAY CENTRE DEVELOPMENT OF REGIONAL IMPACT, IMPOSING 





EFFECTIVE DATE. (PUD 2009-03 GCL, LLC., Oak Street Development of 

Pinellas, LLC., Tyler Davis, Inc., and Gateway Business Centre, LTD./Grady 

Pridgen.) 


(PUBLIC HEARING DECEMBER 11, 2008 -QUASI-JUDICIAL) 

The applicant is requesting consideration of an “MUPUD” Mixed Use Planned Unit 

Development overlay and Master Concept Plan for several parcels totaling 205.37 acres 

within Gateway Centre. The overlay and concept plan do not specifically permit 

construction, but distributes development entitlements to parcels of land and can be used 

to control rights-of-way configurations, buffer types and locations, master drainage, 

master utilities and master signage. This “MUPUD” Mixed Use Planned Unit 

Development only sets standards for buffers and building heights, which are currently 

controlled through the Covenants, Conditions and Restrictions applicable to the entire 

Development of Regional Impact (DRI). Height changes are requested for Parcels LI-6 

and LI-3, but not within the restricted development portions of these parcels. Of note the 

requested Master Buffer Plan eliminates the platted 43-feet-wide, landscaped buffer on 

all roads adjacent to undeveloped parcels. Subject to any matters that may be discussed at 



infrastructure. Surrounding land uses are: to the north, Lake Miele, vacant MCI Building, 

Scandesign; to the south, Light Industrial and Sunset Mobile Home Park; to the east, 

vacant light industrial and City of St. Petersburg jurisdiction; and to the west, Mainlands. 

At their meeting of November 6, 2008, the Planning and Zoning Commission 

recommended approval of the application. 




C8 

ORDINANCE NO. 3661. AN ORDINANCE ADOPTING AN AMENDED AND 

RESTATED DEVELOPMENT ORDER FOR THE GATEWAY CENTRE – 

PINELLAS PARK DEVELOPMENT OF REGIONAL IMPACT, PERSUANT TO 

SECTION 380.06, FLORIDA STATUES; PROVIDING FOR AN AFFECTIVE 

DATE. (MS 2008-48, GCL, LLC./ Mechanik, Nuccio, Hearne, Wester and Coen and 

Associates) 


(PUBLIC HEARING DECEMBER 11, 2008 – QUASI JUDICIAL) 

The applicant is requesting an amendment to the Development of Regional Impact (DRI) 

Development Order, that, if approved, would add a 4.13 acre parcel (former Wachovia 

Bank) generally located at 8851 U.S. Highway 19 to the DRI with no increase in 

development entitlement, modify Map H to reflect development alternatives for Parcels 

C-2 (Residential/Commercial); LI-3 (Commercial, Light Industrial, Residential); and O-1 

(Hotel/Commercial); modify Map H to remove Commercial and Residential as allowable 

uses within Parcel C-3, removes Residential as an allowable use within Parcel C-4 and 

removes Hotel as an allowable use in Parcel H-1; modify the existing Land Use 

Equivalency Matrix to reflect a maximum of 542,538 square feet of Commercial Uses. 

The Tampa Bay Regional Planning Council, in their report filed with the Council on 

November 10, 2008, made a finding of no substantial deviation based upon the Notice of 

Proposed Change (NOPC) to a previously approved DRI application and sufficiency 

responses. Subject to any matters that may be discussed at the hearing, staff has not 


adverse effect on adopted levels of service for City infrastructure. Surrounding land uses 

are: to the north, Lake Miele, vacant MCI Building, Scandesign; to the south, Light 

Industrial and Sunset Mobile Home Park; to the east, vacant light industrial and City of 

St. Petersburg jurisdiction; and to the west, Mainlands. At their meeting of November 6, 

2008, the Planning and Zoning Commission recommended approval of the application. 







REZONING A CERTAIN PARCEL OF LAND FROM ―B-1‖ GENERAL 

COMMERCIAL DISTRICT TO ―CH‖ HEAVY COMMERCIAL DISTRICT ON 

A PARCEL OF LAND GENERALLY LOCATED AT 8610 66 TH STREET. (Z 2008- 

8 – European I, LLC. and European II, LLC./City of Pinellas Park) 


Public Hearing, December 11, 2008 (QUASI-JUDICIAL) 

The applicant is requesting a rezoning from “B-1” General Commercial District to “CH” 

Heavy Commercial District or a zoning classification of a lesser intensity as identified by 

Chapter 18, Land Development Code, of the City of Pinellas Park for a 3.718 acre parcel 

of land generally located at 8610 66 th Street. The Future Land Use Plan Map designation 

for this site is Commercial General (CG), which is consistent with both commercial 

zoning districts. This site was annexed into the City in 1998. In 1999, City Council 

approved an amendment to the annexation agreement, which provided a site plan and 

directed the City to rezone this property to “CH” Heavy Commercial for the construction 

of “Warehouses, storage, mini-warehouses and wholesaling establishments”. Subject to 



on adopted levels of service for City infrastructure. At their meeting of November 6, 

2008, the Planning and Zoning Commission recommended APPROVAL of the rezoning 



1. The rezoning is consistent with the City’s Comprehensive Plan. 


The abutting Zoning Districts are: to the north, “CH” Heavy Commercial and “C-2” 

General Retail Commercial and Limited Services Districts (County); to the south, “P” 

Public and “C-2” General Retail Commercial and Limited Services Districts (County); to 

the east, “B-1” General Commercial District; and to the west, “P” Public District. 





is appropriate, Items C1 through C9 inclusive, with Items C1 and C6 through C9 being 

First Reading Prior to Public Hearing and Item C5 being First and Final Reading, and 

SECONDED by Councilman Mullins. 

VICE-MAYOR BUTLER RETURNED TO MEETING AT 8:28 P.M. 


Voting Yea: Councilwoman, Sandra L. Bradbury 





Voting Nay: None 

Absent: None 

Abstaining: None 


VI. 


NONE 

MISCELLANEOUS 

M1 

SPIRIT IN THE PARK 

Councilwoman Bradbury thanked all the volunteers for the help with the holiday lights. 

M2 

POLICE DEPARTMENT 

Vice-Mayor Butler stated some of the City’s Police Officers voluntarily helped Madeline 

Simms, 7148 65 th Way, clean out her backyard. 

M3 

HOLIDAY PARADE 

Vice-Mayor Butler stated the Holiday Parade will be held on Saturday, December 13, 


M4 

HAPPY THANKSGIVING 

City Council wished the citizen’s a Happy Thanksgiving. 

M5 

CITY CALENDAR 

Mayor Mischler stated the 2009 City calendar will be given out with the Pinellas Park 

Beacon on Friday, November 26, 2008. 




M6 

RETIREMENT 

City Clerk Corna stated Cindy Levan is retiring after 26 years of employment with the 


ADJOURNMENT 


Attest: 

_________________________________ 



_________________________________ 


Mayor 

/nlo 






MINUTES 

December 11, 2008 



PRESENT: 

ABSENT: 






None 






Administrator, Dan Katsiyiannis - MIS Programming Director, Bob Puccinelli - Neighborhood 


Administrator, John Moore - Zoning Director, Dean Neal – Engineering Division Director, Scott 

Pinheiro - Community Planning Director, Robert Bray – Building Maintenance Division 

Director, Tom Pezone - Public Activities Manager, Joel Garren - Media & Public Events 

Specialist, Pam Roberts – City Clerk, Diane M. Corna, and Deputy City Clerk, Christine 

Gardner. 




SERVICE AWARD – 10 Years 

John Finn – Fire Lieutenant/Paramedic 



DECEMBER 11, 2008

RETIREMENT 

Bill Black, Utility Technician in the Water Maintenance Division. 


Police Chief Dorene Thomas and Detective Tippett presented the following winners: 

Helena Visic Pinellas Park Elementary 

Kyle Seal Pinellas Park Elementary 

SPECIAL PRESENTATION – Teddy Bears 

Ray Fisher, owner of Quality Self Storage, presented teddy bears his business collected to 

Police Chief Thomas. 


Councilman Taylor’s 11 th Annual Staying Awake Award was presented to Public Works 

Administrator Nicholls. 

II. 


There were no public comments. 





III. 


Approval of Regular Council Minutes of November 25, 2008, as on file in the City 



to APPROVE the Regular Council Minutes of November 25, 2008, as on file in the City 



Voting Yea: Councilwoman, Sandra L. Bradbury 





Voting Nay: None 

Absent: None 

Abstaining: None 





IV. 

 



P1 RESOLUTION NO. _08-33_. LOT MOWING LIENS, PROGRAM #222. 



program. The properties listed on Exhibit ―A‖ have been cleared by the City after due 









Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 










THE INTERSECTION OF US HIGHWAY 19 AND GATEWAY BOULEVARD 

AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" WHICH IS 

ATTACHED HERETO AND MADE A PART THEREOF; FROM ―B-1‖ 

GENERAL COMMERCIAL DISTRICT TO ―B-1‖ GENERAL COMMERCIAL 

DISTRICT WITH A "CPUD" COMMERCIAL PLANNED UNIT 

DEVELOPMENT OVERLAY, AND ADOPTING A MASTER PLAN AND 

SUPPORTING DOCUMENTATION FOR A ―CPUD‖ COMMERCIAL PLANNED 

UNIT DEVELOPMENT MIXED USE DISTRICT OVERLAY. (PUD 2009-2/BOA 

2009-2/MS 2009-6, GCL, LLC./ Grady Pridgen.) 



The applicant is requesting to rezone from ―B-1‖ General Commercial Zoning District to 

―B-1‖ General Commercial Zoning District with a ―CPUD‖ Commercial Planned Unit 

Development Overlay and adoption of a Master Plan on a 15.81 acre parcel of land 

generally located at the intersection of US Highway 19 and Gateway Boulevard for the 

development of a multi-family/mixed-use development. A total of 266 residential 

dwelling units and 11, 385 square feet of retail space is proposed. The applicant has 

requested a variance to parking from 589 spaces to 529 spaces and a waiver to interior 

green space requirements to allow greater than 15 parking spaces in a row without an 

island. Surrounding land uses are: to the north, Drexel Heritage Furniture; to the south, 

Autoway Toyota; to the east, Mainlands Unit 7 and Tampa Bay Regional Planning 

Council; and to the west, vacant commercial land, Gracewood Nursing Home and 

Autoway Toyota. Subject to any matters that may be discussed at the hearing, staff has 


have no adverse effect on adopted levels of service for City infrastructure. At its meeting 

on November 6, 2008, the Planning and Zoning Commission recommended APPROVAL 

of the above request, subject to the following conditions: 

1. Minimum setbacks shall be as illustrated on the ―CPUD‖ Commercial 

Planned Unit Development Master Plan (Exhibit ―B‖). Setbacks shall be 

as follows: Front – 20 feet, Secondary Front – 20 feet, Side – 5 feet. 


last revised October 28, 2008, shall be accepted as governing regulations for the 

development. All regulations not addressed shall revert to Code in effect at the 

time of the ―CPUD‖ Commercial Planned Unit Development adoption. 







Steve Kirken, representing GCL LLC, provided an overview of the proposed 

development. 

Mr. Kirken stated the development is designed to provide additional trees along the 

northern property line to provide shade and visual buffering to the north which is 

consistent with the buffering plan negotiated with the neighbors. Buffering will be an 

eight foot fence, a ten foot hedge in front of the fence and trees placed every thirty feet. 

Mr. Kirken stated there will be fewer but larger parking islands and there will be an 

increase of green space equal to 10%. Therefore, the applicant is requesting a waiver to 

the interior green area requirements for parking spaces. 

Mr. Kirken provided information on a walking path, the requested variance to the parking 

requirement, the requested variance to setbacks, location and convenience of parking 

spaces. 

Councilwoman Bradbury asked for information on the area of the site plan that is closer 

to the Toyota dealership site. 

Mr. Kirken explained that area will be the stormwater area for the development that will 

include an area with a walking path that will be available to anybody in the Gateway. 

Councilwoman Bradbury asked if the retention will be for all three parcels? 

Mr. Kirken stated yes, it would be. 

Vice-Mayor Butler asked if that will be a wet pond with a walking path that is open to 

any resident? 

Mr. Kirken stated it will be a pond and the walking area that will be open to anyone in the 

development, the Mainlands or anywhere. 

Councilman Taylor asked for an example of a mixed use townhome development 

Mr. Kirken stated there are two retail units and a clubhouse that will have two level 

residential units so there will be people living above retail. 

Councilman Taylor asked if this property has been sold? 

Mr. Kirken stated no, they still own the property. 

Councilman Taylor asked as the owner of the property would they also be the developer? 

Mr. Kirken stated yes, that is the intent. 




Vice-Mayor Butler provided information on a similar development in Orlando where the 

key is the walking area and easy accessibility to the retail stores. 

Vice-Mayor Butler stated this type of development is much better than what Council 

originally discussed because it allows for business members to live above their office. 

The secret to the success will be the layout of the roadways and the beauty of the green 

areas. 

Mayor Mischler stated he would like to see a development done properly to achieve the 

attractiveness this type of development could have. 

Virginia Cook, 4007 89 th Avenue, stated she is Vice-President of the Mainlands Unit 7 

Board of Directors. Mrs. Cook stated they previously attended a Planning and Zoning 

Meeting and requested additional noise buffering that was agreed to. The current plans 

show an eight foot PVC fence and trees to be planted closer than code requires along the 

back property line closer to Unit 7. 




Councilman Taylor thanked the members of Mainlands Unit 7 for their participation in 

this process and working with the developer. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 








REZONING TWO PARCELS OF LAND GENERALLY LOCATED EAST OF 

U.S. HIGHWAY 19, WEST OF 28 TH STREET, SOUTH OF LAKE MIELE AND 

NORTH OF GANDY BOULEVARD, WITH ONE PARCEL, BEING MORE 

PARTICULARLY DESCRIBED IN EXHIBIT ―A,‖ ATTACHED HERETO AND 

MADE A PART HEREOF; FROM ―M-1‖ LIGHT INDUSTRIAL DISTRICT TO 

―M-1‖ LIGHT INDUSTRIAL DISTRICT WITH AN ―MUPUD‖ MIXED USE 

PLANNED UNIT DEVELOPMENT OVERLAY; AND WITH THE OTHER 

PARCEL, BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT ―B‖, 

ATTACHED HERETO AND MADE A PART HEREOF, FROM ―B-1‖ GENERAL 


AND ADOPTING A CONCEPT PLAN AND SUPPORTING DOCUMENTATION 

FOR AN "MUPUD" MIXED USE PLANNED UNIT DEVELOPMENT OVERLAY 

FOR BOTH SUCH PARCELS, FOR APPROXIMATELY 205 ACRES OF THE 

GATEWAY CENTRE DEVELOPMENT OF REGIONAL IMPACT, IMPOSING 





EFFECTIVE DATE. (PUD 2009-03 GCL, LLC., Oak Street Development of 

Pinellas, LLC., Tyler Davis, Inc., and Gateway Business Centre, LTD./Grady 

Pridgen.) 



The applicant is requesting consideration of an ―MUPUD‖ Mixed Use Planned Unit 

Development overlay and Master Concept Plan for several parcels totaling 205.37 acres 

within Gateway Centre. The overlay and concept plan do not specifically permit 

construction, but distributes development entitlements to parcels of land and can be used 

to control rights-of-way configurations, buffer types and locations, master drainage, 

master utilities and master signage. This ―MUPUD‖ Mixed Use Planned Unit 

Development only sets standards for buffers and building heights, which are currently 

controlled through the Covenants, Conditions and Restrictions applicable to the entire 

Development of Regional Impact (DRI). Height changes are requested for Parcels LI-6 

and LI-3, but not within the restricted development portions of these parcels. Of note the 

requested Master Buffer Plan eliminates the platted 43-feet-wide, landscaped buffer on 

all roads adjacent to undeveloped parcels. Subject to any matters that may be discussed at 



infrastructure. Surrounding land uses are: to the north, Lake Miele, vacant MCI Building, 

Scandesign; to the south, Light Industrial and Sunset Mobile Home Park; to the east, 

vacant light industrial and City of St. Petersburg jurisdiction; and to the west, Mainlands. 




P3 

At their meeting of November 6, 2008, the Planning and Zoning Commission 

recommended approval of the application. 



ALL PARTIES WERE SWORN IN PRIOR TO THEIR TESTIMOY 

Zoning Director Neal provided an extensive overview of this item. 

Steve Kirken, GLC LLC, stated this is an attempt to move to develop a Mixed Use 

Planned Unit Development (MUPUD). The MUPUD is a conceptual plan which guides 

the intensities and densities of the Gateway Center and must be consistent with the 

Development Regional Impact order (DRI) and is subject to the Conditions, Covenants 

and Restriction (CC&Rs) and also consistent with the Land Development Code (LDC). 

Mr. Kirken stated this would allow developing this park to modern concepts and there is 

no request to approve any specific plan, at this time. A specific plan will be brought back 

that will have to be approved by the Planning and Zoning Commission (P&Z) and City 

Council. This concept does not permit construction because prior to any vertical 

development it would have to come back before P&Z and City Council. The overlay 

distributes development to parcels of land to be used to control the right-of-way 

configuration, buffer types and locations, master drainage, master utilities and master 

signage. 

Mr. Kirken stated the height of the buildings will not be increased within the restricted 

development areas. 

Councilman Mullins commended the applicant for trying to build a development in 

today’s economy but he is concerned with the development of a seven story building 

within 150 feet of residential properties. 

Mr. Kirken stated there is an additional 200 foot utility easement with large utility poles 

allowing for 335 feet from residential properties where the residents are viewing large 

utility poles anyway. The intent is to place buildings as close to the street as possible for 

people to utilize mass transit so it is necessary to rethink the 43 foot buffer from the back 

of the curb. 

Mr. Kirken stated this provides the tools to allow a plan for a development where people 

to recreate, live and shop close to where they work. 

Councilman Mullins stated he agrees with the entire concept but he does not agree with 

placing a seven story building looking down into people’s homes. 

Councilwoman Bradbury asked why there is an inconsistency of the height and density of 

the trees and buffering abutting residential properties? 




Mr. Kirken stated in some instances they are not changing the existing buffering, there is 

a restricted use area. There was a commitment made to Mainlands Unit 6 and 7 for 

additional buffering. 

Councilwoman Bradbury stated consistency would be fair to all neighboring residential 

developments and more aesthetically pleasing. 

Councilman Mullins asked if this ordinance is passed will Council get another chance to 

make decisions on the development of a seven story building abutting residential 

properties. 

Zoning Director Neal stated no, the approval of this plan will not permit any vertical 

development. The developer will be required to come back to Council with a traditional 

PUD plan that will show the footprint and height of any buildings that would be planned. 

This would take place at a public hearing and everyone would receive notice within 500 

feet of the property and be able to participate in those decisions. 

Councilman Mullins stated nothing would be built again without Council’s action. 

Attorney Denhardt stated if this item is approved then before any building is built there 

would need to be a site plan. The site plan approval would be subject to the site plan 

criteria in the ordinance and any maximum heights that are being allowed in this item 

because the developer would be able to build to that maximum height. The location of the 

building, traffic ingress and egress and certain things in the site plan criteria would be 

reviewed by Council but not necessarily denying the development of a building because 

it is too high. 

Attorney Denhardt stated this is one step toward potential development. Council would 

be able to review site plan later but that is subject to site plan criteria and not whether 

Council likes the building or if it is appropriate in that location. 

Director Neal stated there are criteria that development must be compatible within the 

neighborhood. If Council felt a seven story building was too close or not properly 

buffered from any functionally abutting residential property, then Council would have 

grounds for denial upon the basis of incompatibility. 

Councilman Taylor asked if this parcel has been sold and if the applicant will be the 

developer? 

Mr. Kirken stated no it has not been sold and they will be the developer or work in 

conjunction with somebody else. 

Councilwoman Bradbury stated if this item is approved the applicant could come back 

with the design for a seventy foot building that could possibly be developed without 

Council having a choice. 




Director Neal stated that would establish the upper limit of building heights in specific 

areas. 

City Attorney Denhardt stated when Council analyzes something for site plan approval it 

is analyzed consistent/inconsistent with the criteria in the ordinance to approve/deny the 

site plan based upon the criteria. There is criteria that addresses compatibility with the 

surrounding neighborhoods. If the proposal is compatible because the 70 foot high 

building is in the center of the parcel and isn’t close to the neighborhoods, then it could 

not be denied arbitrarily. 

Mayor Mischler stated the applicant had this property for 30 years with a great plan for 

commercial development and the residential development is reducing that potential and is 

a cost to the City. 

Mayor Mischler asked why a seven story building is being moved closer to residential 

development? 

Mr. Kirken stated there were prior developers that were not successful and there have 

been several proposals but no completed deals. Interested parties are looking for a more 

mixed use concept. 

Mr. Kirken stated a lot of the problem is accessibility and the layout of the properties. 

Vice-Mayor Butler stated the rules and restrictions that were implemented on the 

Gateway Center Development made it in essence undevelopable. In the last ten years the 

development of industrial parks has changed dramatically and these modifications are 

necessary to attract anyone interested in development. 


Councilwoman Bradbury stated she has spoken to a business in Gateway that couldn’t 

afford to purchase additional property for expansion and other businesses that could not 

afford to purchase property to build. 

Councilwoman Bradbury stated she will not support this item due to inconsistency of 

landscaping and the proposed changes to the properties near Mainlands and Sunset 

Mobile Home Park. 

Councilman Mullins thanked the developer again for trying to develop this property. He 

will support this item but in the future he will not support the development of a seven 

story building if it is not compatible with the surrounding neighborhoods. 







Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

MOTION FAILED 




P4 ORDINANCE NO. 3661. AN ORDINANCE ADOPTING AN AMENDED AND 

RESTATED DEVELOPMENT ORDER FOR THE GATEWAY CENTRE – 

PINELLAS PARK DEVELOPMENT OF REGIONAL IMPACT, PURSUANT TO 

SECTION 380.06, FLORIDA STATUES; PROVIDING FOR AN AFFECTIVE 

DATE. (MS 2008-48, GCL, LLC./ Mechanik, Nuccio, Hearne, Wester and Coen and 

Associates) 



The applicant is requesting an amendment to the Development of Regional Impact (DRI) 

Development Order, that, if approved, would add a 4.13 acre parcel (former Wachovia 

Bank) generally located at 8851 U.S. Highway 19 to the DRI with no increase in 

development entitlement, modify Map H to reflect development alternatives for Parcels 

C-2 (Residential/Commercial); LI-3 (Commercial, Light Industrial, Residential); and O-1 

(Hotel/Commercial); modify Map H to remove Commercial and Residential as allowable 

uses within Parcel C-3, removes Residential as an allowable use within Parcel C-4 and 

removes Hotel as an allowable use in Parcel H-1; modify the existing Land Use 

Equivalency Matrix to reflect a maximum of 542,538 square feet of Commercial Uses. 

The Tampa Bay Regional Planning Council, in their report filed with the Council on 

November 10, 2008, made a finding of no substantial deviation based upon the Notice of 

Proposed Change (NOPC) to a previously approved DRI application and sufficiency 

responses. Subject to any matters that may be discussed at the hearing, staff has not 


adverse effect on adopted levels of service for City infrastructure. Surrounding land uses 

are: to the north, Lake Miele, vacant MCI Building, Scandesign; to the south, Light 

Industrial and Sunset Mobile Home Park; to the east, vacant light industrial and City of 

St. Petersburg jurisdiction; and to the west, Mainlands. At their meeting of November 6, 

2008, the Planning and Zoning Commission recommended approval of the application. 




Randy Coen, 4121 West Cypress, Tampa, stated he has been involved with this DRI 

since the 1980’s and provided an overview of Ordinance No. 3661. 







Councilwoman Bradbury asked for information on this request compared with Item P3. 

Mr. Coen provided information on this item in comparison to Item P3. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 








REZONING A CERTAIN PARCEL OF LAND FROM ―B-1‖ GENERAL 

COMMERCIAL DISTRICT TO ―CH‖ HEAVY COMMERCIAL DISTRICT ON 

A PARCEL OF LAND GENERALLY LOCATED AT 8610 66 TH STREET. (Z 2008- 

8 – European I, LLC. and European II, LLC./City of Pinellas Park) 



The applicant is requesting a rezoning from ―B-1‖ General Commercial District to ―CH‖ 

Heavy Commercial District or a zoning classification of a lesser intensity as identified by 

Chapter 18, Land Development Code, of the City of Pinellas Park for a 3.718 acre parcel 

of land generally located at 8610 66 th Street. The Future Land Use Plan Map designation 

for this site is Commercial General (CG), which is consistent with both commercial 

zoning districts. This site was annexed into the City in 1998. In 1999, City Council 

approved an amendment to the annexation agreement, which provided a site plan and 

directed the City to rezone this property to ―CH‖ Heavy Commercial for the construction 

of ―Warehouses, storage, mini-warehouses and wholesaling establishments‖. Subject to 



on adopted levels of service for City infrastructure. At their meeting of November 6, 

2008, the Planning and Zoning Commission recommended APPROVAL of the rezoning 

based on the ―Responses of Relevant Considerations for Rezoning.‖ The Relevant 


1. The rezoning is consistent with the City’s Comprehensive Plan. 


The abutting Zoning Districts are: to the north, ―CH‖ Heavy Commercial and ―C- 

2‖ General Retail Commercial and Limited Services Districts (County); to the 

south, ―P‖ Public and ―C-2‖ General Retail Commercial and Limited Services 

Districts (County); to the east, ―B-1‖ General Commercial District; and to the 

west, ―P‖ Public District. 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P6 


30-FEET-WIDE BY 111-FEET-LONG PORTION OF RIGHT-OF-WAY, 62 ND 

STREET NORTH, ON A PARCEL OF LAND GENERALLY LOCATED EAST 

OF 6201 CEDARBROOK DRIVE NORTH, SECTION 17, TOWNSHIP 30 

SOUTH, RANGE 16 EAST. (V 2008-9 Terrie Larkins) 



portion of an unimproved right-of-way, 62 nd Street North, generally located east of 

6201 Cedarbrook Drive North. The applicant wishes to expand the property to the east 

and relocate an existing fence to the new property line. City Divisions or private utilities 

have raised no objections to the proposal provided that easements are retained or utilities 

are relocated at the sole expense of the applicant. The Planning and Zoning Commission, 

at their meeting of November 6, 2008, recommended APPROVAL of the vacation, based 

on the following Findings of Fact: 



vacation provided a drainage and utility easement is retained and/or 

utilities are relocated at the expense of the applicant. 


Lisa Svabek, 6252 Cedarbrook Drive, stated this land is widely used by the neighborhood 

and doesn’t understand the benefit to the public if this is vacated. 

Zoning Director Neal stated the area proposed for vacation will not impact the sidewalk 

or the area between the two sidewalks. 

Ms. Svabek stated this is widely used by high school kids that are walking to and from 

school. 

Discussion was held on who maintains the right-of-way. 

Councilwoman Bradbury stated the homeowner is responsible for maintaining the rightof-way. 

Public Works Administrator Nicholls stated he believes this right-of-way is being 

maintained by City Staff. 

Ms. Svabek stated the neighbors help maintain the area also. 

Mayor Mischler stated this land was previously brought to the City’s attention for 

student’s safety. 




Councilman Mullins stated he is a proponent of students moving along to safety and not 

loitering, littering or getting into trouble. 

Discussion was held on the remaining sidewalk being adequate walkway for students. 

Director Neal stated there will be a clear zone left between the new property line and the 

sidewalk. 

Teri Larkins, 6201 Cedarbrook Drive, stated she is the homeowner and since 1984 she 

has maintained this right-of-way at her own expense. The requested vacation will allow 

her to install a fence. 

Ms. Larkins stated there have been many problems with loitering on other vacant 

properties. Her new fence will be placed a reasonable distance from the sidewalk to allow 

room for pedestrians. 

Councilman Taylor informed the applicant that her property tax bill will increase with the 

addition of this property. 

Mayor Mischler stated the applicant will still be responsible for maintaining the area 

outside the fenced area. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P7 

RESOLUTION NO. 08-36. A RESOLUTION VACATING APPROXIMATELY 

6,756 SQUARE FEET PORTION OF A 40-FEET-WIDE BY 328.47-FEET-LONG 

DRAINAGE EASEMENT, ON A PARCEL OF LAND GENERALLY LOCATED 

AT 6491 62 ND STREET NORTH, SECTION 32, TOWNSHIP 30 SOUTH, RANGE 

16 EAST. (V 2009-2 Nancy J. Edwards/Barnett, Bolt, Kirkwood, Long and 

McBride) 


The applicant is requesting the vacation of approximately 6,756 square feet of a 40-feetwide 

by 328.47-feet-long drainage easement, generally located along the north property 

line of 6491 62 nd Street. The applicant is requesting to vacate a portion of the drainage 

easement because the single family dwelling, pool pump pad and pool equipment are 

encroaching approximately 5.2 feet into the drainage easement, which created a cloud on 

the title to the property. City Divisions or private utilities have raised no objections to the 

proposal. The following Findings of Fact are pertinent to this request: 



vacation. 


Michael Hargett, 4102 West Plat Street, provided information on improvements that were 

made on this property that were permitted but encroached over the property line. 



to ADOPT Resolution No. 08-36 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P8 

ORDINANCE NO. 3658 AN ORDINANCE OF THE CITY COUNCIL OF THE 

CITY OF PINELLAS PARK, FLORIDA, PERTAINING TO COMPREHENSIVE 

PLANNING; ADOPTING THE COMPREHENSIVE PLAN OF THE CITY OF 

PINELLAS PARK, FLORIDA; PROVIDING FOR THE REPEAL OF 

ORDINANCE 1840 OR PARTS OF SUCH ORDINANCE OR OTHER 

ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH 

CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 

PUBLIC HEARING, FIRST READING 

Pursuant to Growth Management Legislation each local government must update their 

Comprehensive Plan based on the recommendations coming out of their Evaluation and 

Appraisal Report (EAR). The City adopted their EAR on February 22, 2007. The 

Planning and Zoning Commission has reviewed all of the proposed changes over the 

course of the year. On December 4, 2008 the Planning and Zoning Commission held a 

Public Hearing on the Amendments. Ordinance 3658 not only includes those 

recommendations found in the EAR, it also repeals adoption of Ordinance 1840, which 

adopted the entire Comprehensive Plan. The result of this Ordinance is that only the 

required Goals, Objectives and Policies and Maps become part of the adopted plan; the 

Supporting Data is not adopted, allowing City staff to update this information as needed 

without having to send it to the Florida Department of Community Affairs for their 

review. Staff feels that this is a much more efficient manner of implementing the 

Comprehensive Plan. The Second Public Hearing on this item will be held on June 11, 

2009. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 








 


C1 

ORDINANCE NO. 3662. AMENDING CHAPTER 2 (ADMINISTRATION), 

ARTICLE XII – CODE ENFORCEMENT BOARD 


Chapter 2 (Administration), Article XII – Code Enforcement Board is being amended to 

bring the City’s Code of Ordinances up-to-date with current statutory procedures, 

definitions, and terminology. Amendments include a revision of the definition of a 

―repeat violation‖, a change in terminology from ―Special Master‖ to ―Special 

Magistrate‖, a title change from ―Code Enforcement Specialist‖ to ―Community 

Compliance Specialist‖, clarification of the terminology used in the reduction of 

fines/liens, and a provision for ―posting‖ as an additional/secondary method of hearing 

notification. 

 

PUBLIC WORKS 

C2 

AWARD OF BID 08/020 – RE-ROOF FIRE STATION #35, 11350 43 RD STREET 

NORTH — Roofing by S.E. Spicer, Inc., Largo, FL 


Eleven (11) bids were received with Roofing by S. E. Spicer, Inc., 10855 Vonn Road, 

Largo, FL, 33774, being the lowest bidder with a bid submittal of $51,503.00. The 

amount budgeted for this project is $100,000.00 and can be found on page 373 in the 

08/09 budget book. This project will be charged to account 301-282-5-749-21. 

Authorization to award bid 08/020 for the re-roof of Fire Station #35 to Roofing by S.E. 

Spicer, Inc., 10855 Vonn Road, Largo, FL, 33774, in the amount of $51,503.00 to be 


ITEM C3 WAS MOVED TO THE REGULAR AGENDA. 




C4 

AWARD OF BID 09/007 – ANNUAL SIDEWALK/RAMP PROGRAM AND 

COMMUNITY REDEVELOPMENT AREA SIDEWALK PROGRAM –Central 

Florida Contracting, Inc. 


Fourteen (14) bids were received with Central Florida Contractors, Inc. (P. O. Box 3987, 

Seminole, FL 33775) being the low bidder with a bid submittal of $278,380.05. The 

amount budgeted for this project is $412,000 (pg. 376 of the FY 08/09 adopted budget). 

$100,000 is budgeted for the 2008/09 Sidewalk/Ramp (Part A) Program and $312,000 is 

budgeted for the CDBG Sidewalk Program (Part B & C). This project will be charged to 

account 301-481-5-736-18 and 301-481-5-736-00. Funding for the Community 

Redevelopment Area Sidewalk Program is provided through Community Development 

Block Grants and Tax Increment Financing. 

Authorization to award Bid 09/007, to Central Florida Contractors, Inc. Seminole, FL, in 

the amount of $278,380.05 to be charged to the appropriate accounts. 

C5 

AUTHORIZATION TO PURCHASE UNDER CHARLOTTE COUNTY SCHOOL 

BOARD CONTRACT 07/08-516 — Dug Out Shelters – For Davis Field 

This purchase will be made under a Charlotte County School Board Contract from 

Americana Building Products d/b/a Southern Park and Play Systems, Inc., 694 Atlanta 

Road Suite 7, Melbourne, FL 33904. The cost for the dugout shelters is $34,994.00, 

which will be charged to account 301-781-5-787-32. The amount budgeted for this 

project is $35,000 found on page 374 of the FY 08/09 adopted budget. This expenditure 

will replace dug out shelters at Davis field baseball diamonds 2, 3 & 6. 

Authorization to purchase dug out under Charlotte County School Board Contract 07/08- 

516, from Americana Building Products d/b/a Southern Park and Play Systems, Inc., 

Melbourne, FL, in the amount of $34,994.00 to be charged to the appropriate account. 




C6 

CHANGE ORDER NO. 1 AND FINAL PAYMENT FOR PROJECT 05/002, 114 th 

AVENUE BRIDGE CROSSING AT PINEBOOK CANAL– Clark Hunt Construction, 

Inc. 



decrease of the original contract amount by 14.7%. The account to be charged will be 301- 

481-5-782-60. The final contract amount is $101,665.83 under the original contract 

amount. 

Authorization for approval and acceptance of Change Order No. 1, Project 05/002, 114 th 

Avenue Bridge Crossing at Pinebrook Canal, a decrease in the contract amount of 

$101,665.83, for a total adjusted contract amount of $589,712.67 and authorization for final 

payment of $60,480.39 to Clark Hunt Construction, Inc. to be charged to the appropriate 

account. 


PARK BLVD. DRAINAGE IMPROVEMENT PROJECT, PHASE II, BASIN A – 

Rowland, Inc. 



decrease of the original contract amount by 5.24%. The account to be charged will be 

301-382-5-794-66. The final contract is $563,996.00 under the original contract amount. 

Authorization for approval and acceptance of Change Order No. 2, Project 03/023 for the 

Park Blvd. Drainage Improvement Project, Phase II, Basin A, a decrease in the contract 

amount of $563,996.00 for a total adjusted contract amount of 10,201,144.17, and 

authorization for final payment to Rowland Inc., Pinellas Park, FL, to be charged to the 


 





C8 


CERTAIN PARCELS OF RIGHT-OF-WAY GENERALLY LOCATED ON 126 TH 

AVENUE BETWEEN 49 TH STREET AND 58 TH STREET - (126 th AVENUE 

RIGHT-OF-WAY- AX08-25) 


This is a voluntary annexation of 0.56 acres MOL of contiguous right-of-way property. 

These are the last two parcels of right-of-way along this section of 126 th Avenue that are 

not within the City of Pinellas Park jurisdiction. The Streets and Drainage Division has 

requested that these parcels be annexed at this time to insure continuity of maintenance. 

COUNCILMAN TAYLOR RETURNED TO THE MEETTING AT 10:05 P.M. 

MAYOR MISCHLER LEFT THE MEETINGAT 10:06 P.M. 

C9 



AVENUE NORTH - (Earl Anderson, Jr. and Denise Antonucci – AX08-26) 



The Owners’ mobile home is located on the property at 6183 108 th Avenue North in the 

Northfield Manor Subdivision. 

C10 



STREET NORTH - (JASON J. PATNELLA - AX08-27) 



The Owner’s single family home is located on this site in the Pinebrook Estates 

Subdivision. 




C11 


EARL ANDERSON, JR. AND DENISE ANTONUCCI (AX08-26) — Annexation of 

0.14 acres MOL located at 6183 108 th Avenue North 



Earl Anderson, Jr. and 

Denise Antonucci 





Expended 


Waived 



The voluntary annexation of 0.14 acres MOL of property owned by Earl Anderson, Jr. 

and Denise Antonucci and located at 6183 108 th Avenue North in the Northfield Manor 

Subdivision. 

MAYOR MISCHLER RETURNED TO THE MEETING AT 10:09 P.M. 

C12 


JASON J. PATNELLA - (AX08-27) — Annexation of 0.14 acres MOL located at 



located at 12353 69 th Street North in the Pinebrook Estates Subdivision. 

Jason J. Patnella 





Expended 


Waived 



The voluntary annexation of 0.14 acres MOL of residential property owned by Jason J. 

Patnella and located at 12353 69 th Street North in the Pinebrook Estates Subdivision. 




C13 

AUTHORIZATION FOR MAYOR TO SIGN SECOND AMENDMENT TO 

SWFWMD COOPERATIVE FUNDING AGREEMENT NO. 07C00000016. 

The City has an existing agreement with the Southwest Florida Water Management 

District (SWFWMD) for Implementation of Best Management Practices (BMPs) for 

Improvement Area III in the amount of $1,713,000 for design and construction costs 

associated with the stormwater storage pond and outfall structure for Phase III of the Park 

Boulevard Drainage Project. This amendment authorizes an additional $1,000,000 in 

SWFWMD Cooperative Funding for construction of the project, which now includes 

improvements to the channel at 76 th Terrace. The amendment also includes revisions to 

the project schedule and restrictions relating to future sale of property used as a match for 

the SWFWMD grant. 

Authorization for the Mayor to sign Second Amendment to the SWFWMD Cooperative 

Funding Agreement No. 07C00000016. 

C14 

AUTHORIZATION FOR THE CITY MANAGER TO SIGN AN ADDENDUM TO 

THE OPTION TO LEASE WITH ST. GILES MANOR II, INC. AND ST. GILES 

EPISCOPAL CHURCH, INC. FOR A PORTION OF CITY-OWNED PROPERTY 

The Option to Lease between the City and St. Giles Manor II, Inc. and St. Giles 

Episcopal Church, Inc. will expire on December 31, 2008. Due to the fact that their 

funding will not be available by that date, the Lessees will not be in a position to exercise 

their Option by December 31, 2008. They are therefore requesting that the City grant 

them an extension of their Option until June 30, 2009. 

This Option would give St. Giles Manor II, Inc. and St. Giles Episcopal Church, Inc. the 

ability to enter into the Lease at anytime up to and including June 30, 2009. 

Authorization for the City Manager to sign an Addendum to the Option to Lease with St. 

Giles Manor II, Inc. and St. Giles Episcopal Church, Inc. 




Mayor Mischler requested Item C3 is moved to the regular agenda. 



is appropriate, Items C1, C2 and C4 thru C14 inclusive, with Items C1 and C8 thru C10 

being First Reading Prior to Public Hearing and Item C3 moved to the Regular Agenda 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





VI. 

R1A 

C3 


AWARD OF BID – PROFESSIONAL JANITORIAL SERVICES CONTRACT 

09/009 – Jani - King of Tampa Bay, Clearwater, FL 


Six (6) bids were received. The low bid was received from All Clean Building Services 

(our current cleaning service) of 738 South Tamiami Trail, Osprey, FL, 34229, in the 

amount of $182,000.00. The second low bid was received from Jani – King of Tampa 

Bay, 2469 Sunset Point Road, Suite #200 Clearwater, FL. 33765 in the amount of 

$199,224.00. It is staff’s recommendation to award this contract to Jani – King, 2469 

Sunset Point Road, Suite #200 Clearwater, FL. 33765 due to unsatisfactory past 

performance by All Clean Building Services. The amount of $199,224.00 is to be charged 

to account 501-821-5-517-54. The budgeted amount is $180,500.00, and can be found on 

page 343 in the 08/09 budget book. 

Authorization to Award Bid 09/009 for Professional Janitorial Services to Jani - King of 

Tampa Bay, with a maximum of three additional one year renewal options, in the amount 

of $199,224.00 per year to be charged to the appropriate account. 

Mark DeKonink, Regional Manager for All Clean Building Services Inc., stated there has 

been some improvements made to service and he was not aware there were continuing 

problems with their contractual obligations. 

MOTION was made by Councilwoman Bradbury and SECONDED by Councilman 

Taylor to APPROVE authorization to Award Bid 09/009 for Professional Janitorial 

Services to Jani - King of Tampa Bay, with a maximum of three additional one year 

renewal options, in the amount of $199,224.00 per year to be charged to the appropriate 

account. 

Councilman Taylor asked if this is a similar structured contract? 

City Manager Gustafson stated yes the contract term is the same. Until July 2008 there 

was not good service which has improved some but not a sufficient amount. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 

 






R1 

REAPPOINTMENT TO THE EQUESTRIAN BOARD — Denise Kurmay and 

Patricia Macfarlane 

The terms of Denise Kurmay and Patricia Macfarlane will expire December 31, 2008. 

Ms. Kurmay and Ms. Macfarlane have expressed an interest in continuing to serve on the 

Equestrian Board for three-year terms. Ms. Kurmay has been a board member since 

November 2004. Ms. Macfarlane has been a board member since March 2004. Ms. 

Kurmay and Ms. Macfarlane have good attendance records and the Board recommends 

their reappointment. 


Bradbury to APPROVE reappointment of Denise Kurmay and Patricia Macfarlane to 

serve as members of the Equestrian Board for three-year terms to expire December 31, 

2011. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R2 

RECEIPT OF RESIGNATION FROM EQUESTRIAN BOARD — Rosa Freed 

Rosa Freed chose to resign from the Equestrian Board effective December 31, 2008, the 

end of her current term. Ms. Freed has served as a member of the Board since August 

2002. She has been an active participant on the Board and her dedication will be greatly 

missed. 


Bradbury to ACCEPT with regret, the resignation of Rosa Freed from the Equestrian 

Board with deep regret effective at the end of her current term December 31, 2008. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R3 

REAPPOINTMENT TO RECREATION BOARD — Lori A. Fox, Ralph J. Marlow, 

and Celeste Tingler 

The terms of Lori A. Fox, Ralph J. Marlow, Jr., and Celeste Tingler will expire 

December 31, 2008. Ms. Fox, Mr. Marlow and Ms. Tingler have expressed an interest in 

continuing to serve on the Recreation Board for three-year terms. Ms. Fox has been a 

board member since August 2007. Mr. Marlow has been a board member since March 

2000. Ms. Tingler has been a board member since March 1994. Ms. Fox, Mr. Marlow 

and Ms. Tingler have good attendance records and the Board recommends their 

reappointment. 


Bradbury to APPROVE the reappointment of Ms. Fox, Mr. Marlow and Ms. Tingler to 

serve as members of the Recreation Board for three-year terms to expire December 31, 

2011. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






R4 

REAPPOINTMENT TO THE CODE ENFORCEMENT BOARD — Robert 

Detweiler, Patricia Fleischmann Johnson, and David Kuperman 

The terms of Robert Detweiler, Patricia Fleischmann Johnson, and David Kuperman will 

expire December 31, 2008. Mr. Detweiler was first appointed in March 2005, Mrs. 

Johnson in October 2006, and Mr. Kuperman in June 1987. They have expressed a desire 

to continue to serve on the Code Enforcement Board for a three-year term, expiring 

December 31, 2011. 


Bradbury to APPROVE the reappointments of Robert Detweiler, Patricia Fleischmann 

Johnson, and David Kuperman to serve as a member of the Code Enforcement Board for 

a three-year term to expire December 31, 2011. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





CITY CLERK 

R5 

APPOINTMENT TO THE PINELLAS PARK WATER MANAGEMENT 

DISTRICT (PPWMD) — One Regular Member 

The Pinellas Park Water Management District (PPWMD) is requesting that Mr. Charles 

Tingler be re-appointed to the District Board of Directors for a term commencing January 

1, 2009 and expiring January 1, 2012. Mr. Tingler has served on the PPWMD Board of 

Directors since 1995. 


Bradbury APPROVE the appointment of Charles Tingler to serve as a regular member 

of the PPWMD Board of Directors with a term to expire January 1, 2012. 

Councilman Taylor stated it is his pleasure to reappointment Mr. Tingler who he serves 

with on the Board of Directors. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






R6 CONSIDERATION OF A REQUEST OF AN AMENDMENT TO A 

PREVIOUSLY APPROVED PRELIMINARY SITE PLAN FOR A PARCEL OF 

LAND IN THE ―M-1‖ LIGHT INDUSTRIAL ZONING DISTRICT THAT 

FUNCTIONALLY ABUTS RESIDENTIAL AND PUBLIC DISTRICTS TO THE 

SOUTH TO ADD AN OUTDOOR STORAGE AREA ON A PARCEL OF LAND 

GENERALLY LOCATED AT 6675 102 ND AVENUE NORTH. (MS 2009-08 Irven 

B. Albright/David & Elizabeth Albright) 


The applicant is requesting approval of an amendment to a previously approved 

Preliminary Site Plan for a parcel of land in the ―M-1‖ Light Industrial Zoning District 

that functionally abuts residential and public districts to the south to add an outdoor 

storage area on a 1.142 acre (MOL) parcel of land generally located at 6675 102nd 

Avenue North. On August 8, 2006, City Council approved Ordinance No. 3463 (AX 

2006-40), annexing vacant industrial land into the City of Pinellas Park. The Annexation 

Agreement indicated the property owners planned to construct two, 15,300 square foot 

warehouse/office buildings and one, 3,200 square foot caretaker residence. In lieu of the 

proposed caretaker residence, the applicant is proposing an outdoor storage area on the 

southeast corner of the property, which fronts 102nd Avenue and functionally abuts 

residential and public districts to the south, Oceanside Senior Apartments and Hospice of 

the Florida Suncoast. The applicant plans to store trees, pipe, pallets of rock, and tree 

straps in the proposed outdoor storage area. The site is primarily used for a landscaping 

business and other industrial activities such as cabinet manufacturing, a machine shop, 

wholesale sales, etc.; see attached letter describing business operations. Surrounding land 

uses are: to the north, Tampa Bay Water; to the south, Oceanside Senior Apartments and 

Hospice of the Florida Suncoast; to the east, Lithotec Commercial Printing; and to the 

west, miscellaneous light industrial uses. Subject to any matters that may be discussed at 



infrastructure. Section 18-1506.23 of the Land Development Code requires City Council 

approval of Site Plans for property located within the ―M-1‖ Light Industrial Zoning 

District that abuts or functionally abuts residentially zoned property. City Council may 

require the installation of additional buffering in order to eliminate adverse impacts of the 

proposed outdoor storage area on the functionally abutting properties. 


Dave Albright, 5805 65 th Terrace and Herb Albright, 5824 115 th Avenue were present to 

discuss this item. 

Mayor Mischler asked for information on the fence. 

Mr. Dave Albright stated the fence will be buffered with landscaping and this area will be 

mainly for storage. 




Councilman Taylor asked where the crews will work out of? 

Mr. Dave Albright stated there is an entire warehouse behind this site. 


to APPROVE an amendment to an approved Preliminary Site Plan for a parcel of land in 

the ―M-1‖ Light Industrial Zoning District that functionally abuts residential and public 

districts to the south to add an outdoor storage area on a 1.142 acre (MOL) parcel of land 

generally located at 6675 102 nd Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


MISCELLANEOUS 

M1 

HAPPY HOLIDAYS 

City Council wished everyone Happy Holidays. 

M2 

COMMUNITY SPIRIT IN THE PARK 

Councilwoman Bradbury thanked all the volunteers for their help with replacing bulbs 

and putting up lights 

M3 

PINELLAS PARK HOLIDAY PARADE 

Vice-Mayor Butler thanked Mike Scavelli, Jerry Garner and Ricky Butler for their hard 

work organizing the Annual Holiday Parade. 

Vice-Mayor Butler stated the Holiday Parade will begin at 6:00 P.M. on Saturday, 

December 13, 2008 




M4 

EVENTS 

Mayor Mischler announced the following upcoming events: 

Bosnian Culture Night on Monday, December 14, 2008, at 5:00pm in the Performing 

Arts Center at 4951 78th Avenue. 

Christmas Spectacular! will be held on Thursday, December 18, 2008, from 7:00 to 9:00 

p.m. at the Performing Arts Center, 4951 78th Avenue. 

Hmong New Year will be held on Saturday, December 20 and Sunday December 21, 

2008, at the England Brothers Band Shell, 5120 80th Avenue. 

Movies in the Park will be held on Monday, December 22, 2008, at Town Square Plaza 

Park, 5010 81 st Avenue. 

ADJOURNMENT 


Attest: 

_____________________________________ 



___________________________________ 


Mayor 

/cgg

2008 complete year - City of Pinellas Park

Create successful ePaper yourself

Delete template?

Save as template?