2005 complete year - City of Pinellas Park

CITY OF PINELLAS PARK, FLORIDA 

REGULAR COUNCIL MEETING 

MINUTES 

January 13, 2005 

Council Chambers 

Meeting was called to order at 7:30 P.M. 

PRESENT: 

ABSENT: 

Mayor, William F. Mischler 

Councilwoman, Patricia L. Bailey-Snook 

Councilwoman, Sandra L. Bradbury 

Vice-Mayor, Rick Butler 

Councilman, William E. Taylor 

None 

Also present were: Interim City Attorney, James Denhardt, Interim Assistant City Attorney, 

Christopher Hammonds – City Manager, Michael Gustafson - Assistant City Manager/Community 

Development Administrator, Tom Shevlin - Finance Administrator, Ron Miller – Human Resources 

Administrator, Tom Owens – Police Chief, Dorene Thomas – Fire Chief, Doug Lewis – Office of 

Management and Budget Administrator, Dan Katsiyiannis - Assistant Community Activities 

Administrator, Tim Caddell – Assistant Economic Development Director, Shannon Coughlin – 

Assistant Zoning Director, Joe Aukstikalnis – MIS Administrator, Randy Linthicum - Public Works 

Administrator, Tom Nicholls – Police Captain, Michael Haworth – City Clerk, Diane M. Corna, and 

Deputy City Clerk, Christine Gardner. 

INVOCATION was given by Mayor Mischler. 

PLEDGE OF ALLEGIANCE was led by Council. 

I. PRESENTATIONS 

PROCLAMATION 

TAMPA BAY HAZARDOUS MATERIALS AWARENESS WEEK 

SPECIAL PRESENTATION — CITIZENS GOLD SHIELD AWARD 

Accepted by Ms. Pamela Jemenis on behalf of Mr. Anthony Brewer from Chief Thomas 

for providing safety to a child who had wandered off from a day care facility 

1 CITY OF PINELLAS PARK 


JANUARY 13, 2005

II. 

APPROVAL OF MINUTES 

Approval of Regular Council Minutes of December 16, 2004, as on file in the City Clerk’s 

Office. 

MOTION was made by Councilwoman Bailey-Snook, and SECONDED by Vice-Mayor 

Butler to APPROVE the Regular Council Minutes of December 16, 2004, as on file in the 

City Clerk’s Office. 

Roll Call Vote: 

Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 

MOTION CARRIED UNANIMOUSLY 




III. 

PUBLIC HEARINGS 

COMMUNITY DEVELOPMENT 

P1 ORDINANCE NO. 3287. AMENDING THE LAND USE PLAN MAP FROM 

COMMERCIAL GENERAL (CG) TO RESIDENTIAL SUBURBAN (RS) ON A 

CERTAIN PARCEL OF LAND LOCATED EAST OF 8989 66 TH STREET NORTH. 

(LUPA 2004-5 – Bill Gernazian) 

PUBLIC HEARING, SECOND AND FINAL READING 

(QUASI-JUDICIAL) 

The applicant is proposing a Land Use Plan Map amendment from Commercial General 

(CG) to Residential Suburban (RS) on approximately 1.16 acres located east of 8989 66 th 

Street. The 1.16 acres parcel of land was created by a lot line adjustment that was 

necessitated by the sale of the corner parcel by the applicant thus, leaving a remnant that is 

not particularly suitable for commercial development. The entire parcel was not required by 

Flowers Bakery, the purchaser, and therefore was split to facilitate the sale of the property. 

The applicant is proposing a concurrent rezoning from “CH” Heavy Commercial to “RE” 

Residential Estate. At its meeting on November 4, 2004, the Planning and Zoning 

Commission recommended APPROVAL of the Land Use Plan Map Amendment based on 

the “Responses of Relevant Considerations for Land Use Plan Map Amendments.” The 

Relevant Considerations found that: 

1. The amendment is consistent with the policies of the Comprehensive Plan. 

2. The amendment would not adversely affect service levels. 

The Land Use designations to the south and west are Commercial General (CG). To the 

north are properties with a Land Use designation of Residential Urban (RU), and to the east 

are properties with a Land Use designation of Residential Suburban (RS). 

The City Attorney read Ordinance No. 3287 by title only. Mayor Mischler opened the Public 

Hearing at 7:40 P.M. 

There were no comments or objections. 

Public Hearing was closed at 7:41 P.M. 




MOTION was made by Councilman Taylor, and SECONDED by Councilwoman Bradbury 

to PASS Ordinance No. 3287. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 


Councilwoman Sandra L. Bradbury 




None 

None 

None 


P2 

ORDINANCE NO. 3288 REZONING FROM “CH" HEAVY COMMERCIAL TO 

“RE” RESIDENTIAL ESTATE ON A CERTAIN PARCEL OF LAND GENERALLY 

LOCATED EAST OF 8989 66 th STREET (Z 2004-8 - Gernazian) 



The applicant proposes to rezone a 1.16 acres site located east of 8989 66 th Street from “CH” 

Heavy Commercial to “RE” Residential Estate. The 1.16 acres parcel of land was created by 

a lot line adjustment that was necessitated by the sale of the corner parcel by the applicant. 

The entire parcel was not required by Flowers Bakery, the purchaser, and therefore was split 

to facilitate the sale of the property thus leaving a remnant that is not particularly suitable for 

commercial development. A companion Land Use Plan Amendment from Residential Urban 

(RU) to Commercial General (CG) is being concurrently reviewed under LUPA 2004-5. At 

its meeting of November 4, 2004, 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. 

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

“CH” Heavy Commercial; to the east, “RE” Residential Estate; and to the west, “CH” 

General Commercial. 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P3 

RESOLUTION NO. 05-01. VACATION OF A 10 FEET WIDE BY 325 FEET LONG 

ALLEY GENERALLY LOCATED NORTH OF PARK BOULEVARD BETWEEN 

74 TH STREET NORTH AND 75 TH STREET NORTH (V 2004–16 – Valji Zulkinkar) 

PUBLIC HEARING, FIRST AND FINAL READING 

The applicant is requesting the vacation of a 10 feet wide alley north of Park Boulevard 

between 74 th and 75 th Streets. The abutting properties along 74 th Street are being assembled 

for the construction of an AmSouth drive-thru bank and retail shops. No City divisions or 

private utilities have raised objections to the proposal. 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. 

The City Attorney read Resolution No. 05-01 by title only. Mayor Mischler opened the 

Public Hearing at 7:44 P.M. 




to ADOPT Resolution No. 05-01. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P4 

RESOLUTION NO. 05-03. VACATION OF THE TEN FEET UTILITY EASEMENT 

GENERALLY LOCATED ACROSS LOT 2 AND 4 OF THE LOWE’S REPLAT, 

NORTH OF PARK BOULEVARD BETWEEN THE VACATED 73 RD STREET AND 

72 ND STREET (V 2004-18 Roland P. Dove) 


Research has revealed that an easement was not retained on the vacated alley, therefore this 

case is not necessary and we are asking that this case be withdrawn from consideration. 





ITEM WITHDRAWN AT THE REQUEST OF CITY STAFF. 




P5 

RESOLUTION NO. 05-05. VACATION OF THE NORTH THREE FEET OF A TEN 

FEET WIDE EASEMENT GENERALLY LOCATED TO THE REAR (SOUTH LOT 

LINE) OF 6264 104 TH AVENUE NORTH (V 2005-1 Francisco Sanchez) 


The applicant is requesting the vacation of the north three feet of a ten feet wide easement in 

order to install a bird cage over an existing pool. No City divisions or private utilities have 

raised objections to the proposal. The following Findings of Fact are pertinent to this request: 


2. The various utility agencies and City divisions have no objection to the vacation. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P6 

RESOLUTION NO. 05-06. VACATION OF THE EAST TWENTY FEET OF A 

SIXTY FEET WIDE EASEMENT GENERALLY LOCATED ON THE WEST (WEST 

LOT LINE) OF 7651 PARK BOULEVARD (V 2005-3 Gladys Rock) 


The applicant is requesting the vacation of the east twenty feet of a sixty feet wide easement 

in order to construct a new commercial building. No City divisions have raised objections to 

the proposal. Caladesi Construction Company will pay the cost for relocating any Progress 

Energy utilities currently in the 20 feet easement, which they are requesting to be vacated at 

the subject property. 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 all utilities are relocated at the expense of the applicant and that 

proper easements are described and recorded for the maintenance of same. 



Discussion was held on the location of this property. 



Butler to ADOPT Resolution No. 05-06. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P7 CONSIDERATION OF THE ESTABLISHMENT OF A “FINANCIAL 

INSTITUTION, DRIVE-THRU”, A CONDITIONAL USE IN THE “B-1” GENERAL 

COMMERCIAL ZONING DISTRICT GENERALLY LOCATED AT 7401 PARK 

BOULEVARD (Valji Zulfinkar) 

PUBLIC HEARING (QUASI-JUDICIAL) 

The applicant is proposing the development of a “financial institution, drive-thru” on a 1.2 

acres lot located at 7401 Park Boulevard. The proposal appears to be consistent with the 

Comprehensive Plan and would not lower adopted levels of service for City infrastructure. A 

companion alley vacation is concurrently being reviewed under Case No. V 2004-16. 

Surrounding land uses are: to the north, a single-family dwelling; to the south, ASC 

Aluminum; to the east, Publix and Southtrust Bank; and to the west, Rockin’ Cards and Gifts 

and a mini storage facility. On December 2, 2004, the Planning and Zoning Commission 

recommended approval of the request. 

Mayor Mischler opened the Public Hearing at 7:52 P.M. 

Discussion was held on the location of this property. 


MOTION was made by Councilwoman Bradbury, and SECONDED by Councilman Taylor 

to APPROVE a request to approve a Conditional Use for property located at 7401 Park 

Boulevard for the establishment of a financial institution with drive-thru facilities based on 

the criteria found in Section 18-1509.4, the requirements for “Financial Institution, Drive- 

Thru”, Case No. CU 2004-30. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P8 

CONSIDERATION OF AN EXPANSION OF A CONDITIONAL USE FOR A NEW 

SANCTUARY ON AN EXISTING SITE (CHURCH) IN THE “R-1” SINGLE- 

FAMILY RESIDENTIAL ZONING DISTRICT WITH A WAIVER TO THE 

CONDITIONAL USE REQUIREMENT OF A PARCEL HAVING FRONTAGE ON 

EITHER A COLLECTOR STREET OR AN ARTERIAL STREET GENERALLY 

LOCATED AT 6447 76 TH AVENUE (CU 2004-29 – W. H. Johnson) 


The applicant proposes an expansion to an existing church at 6447 76 th Avenue by removing 

the grass parking area and adding a 4,390 square feet, M.O.L, sanctuary on the southwest 

corner of the property along with a new parking area to the north of the site. A waiver is 

requested to the Conditional Use requirement that requires a parcel have frontage on either a 

collector street or an arterial street. All the surrounding properties are zoned for “R-1” 

single-family residential. At its meeting of December 2, 2004, the Planning and Zoning 

Commission recommended APPROVAL of the request. 


ALL PARTIES WERE SWORN IN PRIOR TO THEIR TESTIMONY 

Thomas Friery, 7550 64 th Street, stated he lives directly across the street from this church and 

asked where the parking will be? 

William H. Johnson, representing the church, stated parking will be on site at this time and 

additional phases will provide more parking on the property behind the octagon shaped 

building. 

Mr. Friery stated church attendees are always parking on his lawn and ruin his grass. 

Mayor Mischler requested there be no parking on that side of the street on 76 th Avenue. 






to APPROVE a request to approve a Conditional Use for property located at 6447 76 th 

Avenue to expand an existing church based on the staff report and the criteria found in 

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


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P9 

ORDINANCE NO. 3289. ANNEXING INTO THE CITY OF PINELLAS PARK A 

CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 12601 60 TH STREET 

NORTH (ERNEST HOLDINGS LLC A/K/A BROOKE FAMILY AX04-16) 


This is a voluntary annexation of 1.19 acres MOL of contiguous commercial property. The 

Owner leases this site to Lakehill Supply. 






Butler to PASS Ordinance No. 3289. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P10 ORDINANCE NO. 3290. ANNEXING INTO THE CITY OF PINELLAS PARK 

CERTAIN PARCELS OF LAND GENERALLY LOCATED AT 6017 AND 6025 109 th 

TERRACE NORTH (ENGLAND, JENNIFER AX04-33 AND AX04-34) 


This is a voluntary annexation of 0.32 acres MOL of contiguous residential property. There 

is a mobile home currently located on each site. The Owner plans to remove the mobile 

homes and build a single-family home on each lot. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P11 


CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 6130 AND 6115 104 TH 

AVENUE NORTH AND AT 6017 105 TH AVENUE NORTH (AMERICAN HOUSING 

CORPORATION AX04-77) 


This is a voluntary annexation of 0.42 acres MOL of contiguous residential property. The 

Owner plans to construct a single-family home on each site. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P12 

ORDINANCE NO. 3292. ANNEXING INTO THE CITY OF PINELLAS PARK 

CERTAIN PARCELS OF LAND GENERALLY LOCATED AT 9402 66 TH STREET 

NORTH (ROUHANI - AX04-78) 


This is a voluntary annexation of 0.53 acres MOL of contiguous commercial property. A 

small single family home is located on the site. The owner plans to remove the home and 

build a strip shopping center on the site. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P13 


CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 6166 106 TH AVENUE 

NORTH (AMERICAN HOUSING CORPORATION AX04-79) 



Owner plans to construct a single-family home on the site. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P14 









Cecil Bradbury, 9400 50 th Way, stated normal R1 lots are 6,000 square foot and asked if 

these lots are less than that? 

City Manager Gustafson stated these are legally platted lots that are less than 6,000 square 

feet. 

Mr. Bradbury stated he is concerned about the size of the home that can fit on these lots 

because many times two lots are combined in mobile home areas to get the necessary square 

footage and squareness needed for a regular home. 

Councilwoman Bradbury stated the homes being built are more rectangle than box. 

Discussion was held on the setbacks in this district. 

Mayor Mischler stated this will be a great improvement to the area. 

Councilman Taylor stated this will replace manufactured older trailers with site-built 

construction, creating improvement for the neighborhood and City in general. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P15 


CERTAIN PARCELS OF LAND GENERALLY LOCATED ONE PARCEL WEST 

OF 6409 123 RD AVENUE NORTH - (COACHLIGHT, INC. – AX04-81) 


This is a voluntary annexation of 0.80 acres MOL of commercial property. The Property is 

used as additional parking for S.W.S Environmental First, Inc. which is located at 6409 123 rd 

Avenue North. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P16 


CERTAIN PARCELS OF LAND GENERALLY LOCATED AT 7003 114 th AVENUE 

NORTH – (ENVIRONMENTAL TECHNOLOGIES -- AX04-82) 


This is a voluntary annexation of 4.59 acres MOL of commercial property. Environmental 

Technologies is located on the site. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P17 



NORTH (GOULD AX04-84) 



Owner’s single-family home is located on this site. 





MOTION was made by Vice-Mayor Butler, and SECONDED by Councilwoman Bailey- 

Snook to PASS Ordinance No. 3297. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


COUNCILMAN TAYLOR LEFT THE MEETING AT 8:23 P.M. 




IV. CONSENT AGENDA 

HUMAN RESOURCES 

C1 

RESOLUTION NO. 05-08. AMENDING THE CITY PERSONNEL AND SAFETY 

RULES AND REGULATIONS TO PROVIDE EXTENDED BENEFITS FOR 

EMPLOYEES WHO ARE MEMBERS OF THE RESERVE ARMED FORCES OF 

THE UNITED STATES, THE NATIONAL GUARD, OR THE COAST GUARD 

RESERVE AND WHO ARE ORDERED TO ACTIVE FEDERAL DUTY, TO 

PROTECT AMERICA’S CITIZENS AND HER FREEDOMS; PROVIDING FOR AN 

EFFECTIVE DATE. 

FIRST AND FINAL READING 

This resolution adopts changes to a portion of the Personnel and Safety Rules and 

Regulations. Specifically, the revision is to Section 10-5 Military Leave, #16. 

C2 RESOLUTION NO. 05-09. ADOPTING A THREE-YEAR AGREEMENT 

BETWEEN THE CITY OF PINELLAS PARK AND THE FLORIDA PUBLIC 

EMPLOYEES COUNCIL 79, AMERICAN FEDERATION OF STATE, COUNTY 

AND MUNICIPAL EMPLOYEES (AFSCME), AFL-CIO; WHICH AGREEMENT IS 

FOR THE PERIOD OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2007; 

PROVIDING FOR AN EFFECTIVE DATE. 


This resolution adopts a three-year contract between the City of Pinellas Park and the Florida 

Public Employees Council 79, American Federation of State, County and Municipal 

Employees (AFSCME), AFL-CIO, concerning the wages, hours and other terms and 

conditions of employment, to be effective October 1, 2004. The contract has been ratified by 

the members of the bargaining unit. 

C3 

RESOLUTION NO. 05-07 ADOPTING A REVISED CLASSIFICATION AND PAY 

PLAN AND REVISION TO PAID TIME OFF POLICIES FOR POSITIONS NOT 

INCLUDED IN BARGAINING UNITS WITHIN THE CITY OF PINELLAS PARK; 



This resolution adopts a revised Classification and Pay Plan and revisions to paid time off 

policies for all positions not included in a bargaining unit. 




MIS 

C4 

AUTHORIZATION FOR THE PURCHASE OF HEWLETT PACKARD THIN 

CLIENTS — Hewlett Packard 

Authorization to purchase one hundred twenty (120) HP Compact Thin Clients from Hewlett 

Packard Corporation (10810 Farnam Drive Omaha, NE 68154) under state contact #250-000- 

03-01 at a total cost of $66,480.00 to be charged to account 501-851-5-621-08. 

Authorization to purchase one hundred twenty (120) HP Compaq Thin Clients and Monitors 

from Hewlett Packard at a cost of $66,480.00 to be charged to the appropriate accounts. 

POLICE 

C5 

AUTHORIZATION FOR MAYOR, CITY MANAGER, AND THE POLICE CHIEF 

TO SIGN PINELLAS COUNTY COMBINED MUTUAL AID AGREEMENT 

This Mutual Aid Agreement is between all Pinellas law enforcement agencies and the 

Pinellas County School Board and addresses voluntary cooperation, emergency operational 

assistance, and traffic enforcement or crash investigation on contiguous ways. 

Authorization for the Mayor, the City Manager, and the Police Chief to sign the Pinellas 

County Combined Mutual Aid Agreement. 

C6 RESOLUTION NO. 05-04 LOT MOWING LIENS, PROGRAM #205. 

FIRST READING PRIOR TO PUBLIC HEARING 

This resolution is pursuant to the City of Pinellas Park lot mowing/land clearing program. 

The properties listed on the assessment roll 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. 

VICE-MAYOR BUTLER LEFT THE MEETING AT 8:26.M. 




PUBLIC WORKS 

C7 AUTHORIZATION FOR PURCHASE UNDER FLORIDA SHERIFF’S 

ASSOCIATION AND FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE 

CHIEF’S ASSOCIATION CONTRACT 04-12-0823-91782-803321 — ONE GMC 

YUKON — For Police Department 

This 2005 GMC Yukon will replace asset number 10994 that had been previously replaced 

but is still on the road. This new utility vehicle will be used by the Criminal Investigations 

Section. This vehicle will be used daily throughout the City. The amount budgeted in 

account 501-212-5-661-09 for this expenditure is $50,000 for two vehicles (this dollar 

amount will include one Ford Expedition) and can be found on page 455 of the 04/05 budget. 

Authorization to purchase under Florida Sheriff’s Association and Florida Association of 

Counties & Florida Fire Chief’s Association Contract 04-12-0823-91782-803321, one 2005 

GMC Yukon for the Police Department from Alan Jay Pontiac Buick, Inc., Sebring, FL, at a 

cost of $24,883 to be charged to the appropriate account. 



CHIEF’S ASSOCIATION CONTRACT 04-12-0823-91782-803321 FOUR 2005 

CROWN VICTORIA P-71 POLICE PURSUIT PACKAGE VEHICLES — For Police 

Department 

These four 2005 Crown Victoria P-71 Police Pursuit Package Vehicles will replace asset 

numbers 11449, 11023, 11611, and 11944 that have been replaced and are still on the road. 

These four new units 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 $72,784 and can be found on page 455 of the 04/05 budget. The four 

Chevrolet Impalas originally budgeted in the 04/05 budget are being superseded by these four 

Crown Victoria P71 Pursuit Patrol Vehicles at a total price of $80,632. The Office of 

Management and Budget has authorized the account numbers and allocated the additional 

funding. 


Counties & Florida Fire Chief’s Association Contract 04-12-0823-91782-803321, four 2005 

Crown Victoria P-71 Police Pursuit Package Vehicles for the Police Department from Duval 

Ford, Jacksonville, FL, at a cost of $80,632 to be charged to the appropriate account. 






CHIEF’S ASSOCIATION CONTRACT 04-12-0823-QE065-QE510 — ONE FORD 

EXPEDITION — For Police Department 

This 2005 Ford Expedition will replace asset number 10983 that had been previously 

replaced but is still on the road. This new utility vehicle will be used by the Criminal 

Investigations Section. This vehicle will be used daily throughout the City. The amount 

budgeted in account 501-212-5-661-09 for this expenditure is $50,000 for two vehicles (this 

dollar amount will include one GMC Yukon) and can be found on page 455 of the 04/05 

budget. 


Counties & Florida Fire Chiefs Association Contract 04-12-0823-QE065-QE510, one 2005 

Ford Expedition for the Police Department from Don Reid Ford, Maitland, FL, at a cost of 

$23,430 to be charged to the appropriate account. 

VICE-MAYOR BUTLER RETURNED TO THE MEETING AT 8:28 P.M. 

C10 

AUTHORIZATION TO INSTALL FOUR (4) SPEED TABLES ON 68TH AVENUE 

BETWEEN 62ND STREET AND 66TH STREET IN ACCORDANCE WITH THE 

RESIDENTIAL TRAFFIC MANAGEMENT PROGRAM 

Traffic studies have shown that the above referenced roadway has qualified for traffic control 

measures under the Class II designation (excessive speed and/or volume). This plan has been 

presented to the property owners along 68 th Avenue and the Traffic Division has received the 

required percentage of signed petitions to bring this item forward for City Council’s 

consideration. The anticipated cost for this project is $4,000 and will be charged to account 

number 301-481-5-778-17. The total amount for traffic calming in the 04/05 C.I.P. budget, 

page 442, is $30,000. 

Authorization to install four (4) speed tables on 68 th Avenue between 62 nd Street and 66 th 

Street in accordance with the Residential Traffic Management Program. 




C11 AUTHORIZATION TO PURCHASE UNDER PINELLAS COUNTY CONTRACT — 

Thermoplastic Traffic Markings and Raised Pavement Markers, AKCA, 4603 Reece 

Road, Plant City, FL. 

This item is for restriping and marking of various streets in the City. The supply, delivery, 

and installation will be provided by AKCA, Inc., 4603 Reece Road, Plant City, Florida 

33567, who is currently under contract with Pinellas County. The total cost for this project is 

not to exceed $35,000 and will be charged to account 001-421-5-44403 and 301-481-5- 

71406, found on page 342 in the 04/05 budget and page 15 of the 04/05 CIP. 

Authorization to purchase, supply, deliver, and install thermoplastic markings and raised 

pavement markers under the existing Pinellas County contract 001-0401-B from AKCA, Inc., 

Plant City, FL, in the amount not to exceed $35,000 to be charged to the appropriate 

accounts. 


C12 ORDINANCE NO. 3298. ADOPTING AN AMENDED MASTER PLAN FOR AN 

EXISTING “CPUD” COMMERCIAL PLANNED UNIT DEVELOPMENT FOR 

PROPERTY GENERALLY LOCATED AT 10196 66 th STREET ALONG WITH 

CONSIDERATION OF A “DRIVE-IN/DRIVE-THRU BUSINESS: ALL TYPES NOT 

OTHERWISE LISTED” A CONDITIONAL USE IN THE “B-1” GENERAL 

COMMERCIAL ZONING DISTRICT WITH WAIVER TO ELIMINATE 

LANDSCAPE BUFFER BETWEEN ADJACENT PROPERTIES AND A VARIANCE 

TO REQUIRED PARKING FROM SEVENTY-THREE SPACES TO SIXTY-THREE 

SPACES. (PUD 2004-6/CU 2004-31/BOA 2004-36 – Walgreens/Scott Lincoln) 


(PUBLIC HEARING – January 27, 2005 QUASI JUDICIAL) 

The applicant has requested a waiver to eliminate the landscape buffer required between 

properties, more specifically to the adjacent southern parcel. The applicant has also requested 

a variance to parking requirements from 73 spaces to 63 spaces. The proposal appears to be 

consistent with the Comprehensive Plan and would not lower adopted levels of service for 

City infrastructure. The abutting Zoning Districts are: To the north “B-1”, the Bank of 

America with drive-thru; to the South “CPUD”, Platinum Wrench Auto Repair; to the east 

“B-1”, an Amoco Gas Station; to the west “RPUD”, Oceanside Apartments. The Planning 

and Zoning Commission, at its meeting December 2, 2004, recommended Approval of the 

new Master Plan. 




C13 

CONSIDERATION OF THE 2004 ANNUAL REPORT FOR THE GATEWAY 

DEVELOPMENT OF REGIONAL IMPACT (MS 2004-48 – Tarpon Ridge, Inc.) 

The developer of the Gateway DRI, Tarpon Ridge, Inc. (Grady Pridgen) has filed the 2004 

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. 

The Gateway Development of Regional Impact 2004 Annual Report with a finding that the 

project is in compliance with the DRI development order. 

C14 



NORTH (PIQUET - AX04-83) 


This is a voluntary annexation of 2.67 acres MOL of contiguous commercial property. 

C15 


CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 6050 109 TH TERRACE 

NORTH (KELLY AX03-43) 



Owner’s single-family residence is located on this site. 

C16 



NORTH (HUBBARD, JEFFREY AND KIMBERLY AX05-02) 







C17 



NORTH (HINRICHS, KURT B. AND AMY G. AX04-29) 


This is a voluntary annexation of 0.63 acres MOL of contiguous commercial. There is a 

warehouse located on this site. 

CITY MANAGER 

C18 RESOLUTION NO. 05-10. RECEIPT OF RESIGNATION OF JAMES W. 

DENHARDT AS PROSECUTOR FOR THE CODE ENFORCEMENT BOARD AND 

APPOINTMENT OF EDWIN D. PECK AS PROSECUTOR FOR THE CODE 

ENFORCEMENT BOARD. 


James W. Denhardt has been appointed as the City Attorney for the City and has resigned as 

the Prosecutor for the Code Enforcement Board. Interim City Attorney James W. Denhardt 

recommends that City Council appoint Edwin D. Peck as Prosecutor for the City of Pinellas 

Park Code Enforcement Board. 

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

appropriate, Items C1 thru C18 inclusive, with Items C6, C12, C14 thru C17, being First 

Reading Prior to Public Hearing and Items C1 thru C3 and Item C18 being First and Final 

Reading, and SECONDED by Vice-Mayor Butler. 

Interim City Attorney Denhardt clarified the dates for Item C2 are October 1, 2004 thru 

September 30, 2007. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





V. REGULAR AGENDA 


R1 

APPOINTMENT TO THE PINELLAS PARK FIREFIGHTERS’ PENSION BOARD 

OF TRUSTEES – One Council Appointed Member 

The Firefighters’ Pension Board of Trustees currently has a vacancy resulting from the 

resignation of former trustee Chuck Williams whose term would have expired October 1, 

2005. The Board, by ordinance, is made up of five trustees; two elected by the members of 

the plan (must be City Firefighters), two appointed by City Council (must be City residents), 

and one selected by the other four trustees. The current vacancy is one of the two to be filled 

by City Council appointment. The City has advertised the vacancy for 30 days. Two 

residents, Ms. Helen Wall and Ms. Rebecca Hamm, have applied to fill the vacancy. Ms. 

Hamm is currently serving as an alternate member of the Civil Trial Commission and has 

agreed to resign that position if selected as a Pension Board Trustee. 

COUNCILMAN TAYLOR RETURNED TO THE MEETING AT 8:34 P.M. 


to APPROVE the appointment of Rebecca Hamm to the Pinellas Park Firefighters’ Pension 

Board of Trustees to fill the remainder of the term that expires October 1, 2005. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





POLICE 

R2 

REAPPOINTMENT TO CODE ENFORCEMENT BOARD — George Race 

The terms of Code Enforcement Board member George Race expired in December 2004. 

Mr. Race has stated he would like to serve on the Code Enforcement Board for another threeyear 

term. 


Butler to APPROVE the reappointment of George Race to the Code Enforcement Board 

with term to expire December 2007. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





COMMUNITY ACTIVITIES 

R3 

REAPPOINTMENTS TO RECREATION BOARD — Ralph Marlow, Jr., Gerald 

Popejoy and Celeste Tingler 

The terms of Ralph Marlow, Jr., Gerald Popejoy and Celeste Tingler expired December 31, 

2004. They have expressed a desire to be reappointed to the Recreation Board and have good 

attendance records. Staff recommends their reappointment. 


Snook to APPROVE the reappointment of Ralph Marlow, Jr., Gerald Popejoy and Celeste 

Tingler to serve as regular members of the Recreation Board for two year terms to expire 

December 31, 2006. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






R4 

REAPPOINTMENT TO BOARD OF ADJUSTMENT Janice Collum 

Janice Collum has served on the Board of Adjustment since December 14, 2001 and has 

indicated that she is interested in continuing to serve on the Board. 


Butler to APPROVE the reappointment of Janice Collum to serve as a member of the Board 

of Adjustment with term to expire November 30, 2007. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R5 

REAPPOINTMENT TO PINELLAS OPPORTUNITY COUNCIL — Theodora 

Pagano 

Theodora Pagano has served on the Pinellas Opportunity Council board of directors since 

April 2003 and has indicated that she is interested in continuing to serve on the Board. 


Butler to APPROVE reappointment of Theodora Pagano to serve on the Pinellas 

Opportunity Council Board of Directors with a term to expire December 31, 2005. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R6 

CONSIDERATION OF A REQUEST FOR A WAIVER TO SHIELDING 

REQUIREMENTS FOR DUMPSTERS AS REQUIRED BY SECTION 18- 

1507.23(B).2, WHICH REQUIRES THAT “ALL DUMPSTERS BE SCREENED 

FROM VIEW FROM PUBLIC RIGHTS-OF-WAY. . . BY A SIX-FEET-HIGH 

OPAQUE ENCLOSURE OF WOOD, MASONRY OR OTHER SUITABLE 

MATERIALS”, FOR A TEMPORARY TIME PERIOD OF 90 DAYS. THIS 

PROPERTY IS GENERALLY LOCATED AT 10920 75 TH STREET. (MS 2004-49 

Ruma, Inc.) 

The applicant has requested a waiver to the shielding requirements for dumpsters visible 

from the right-of-way. The waiver is requested for a temporary time frame, which per Code 

definition is not to exceed 90 days. The applicant is a roofing contractor working in hurricane 

damaged areas and needs two, 30- yard dumpsters to be available for the workers to discard 

the used roofing material. Time restrictions associated with working out of the area does not 

enable the workers to utilize Pinellas Counties dump sites. Review of businesses along 75 th 

Street revealed existing unshielded dumpsters that are considered grandfathered due to the 

age of the development. These dumpsters are smaller, approximately five yards in capacity, 

and located in paved areas with some in rights-of-ways. No residential areas are located in 

this area. In determining whether such requirements shall be waived, City Council shall 

consider the following criteria: character of immediate surrounding development; size, 

configuration, and natural features of the land to be developed; adequacy of off-site 

improvements; traffic impacts; and nature of the proposed development. 


to APPROVE a request for a waiver to shielding requirements for dumpsters as required by 

Section 18-1507.23 (B).2, which requires that “All dumpsters be screened from view from 

public rights-of-way by a six-feet-high opaque enclosure of wood, masonry or other suitable 

materials”, for a temporary time period of 90 days, subject to the following condition: 

1. The waiver shall be in effect for a period not to exceed 90 days from the date 

of approval. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





Councilman Taylor stated this request has been made because the contractor has large 

dumpsters where he is working to repair an area that was storm damaged last year. 

Steven Field, 929 Anchorage Road, Tampa, stated he appreciates the 90 day waiver and 

requested an additional 90 days to get the hurricane work under reasonable control. 

Mayor Mischler stated 90 days will be approved now and then the item can be brought back 

for an extension. 

Councilwoman Bailey-Snook asked if there any fees to bring the item back? 

Discussion was held on the fees associated with this item. 

City Manager Gustafson stated if the item comes back, then part of the request could be for a 

waiver of fees. 

R7 

AUTHORIZATION FOR THE CITY MANAGER TO SIGN A CONTRACT WITH 

ROGERS TOWERS, P.A. – For Review and Comments to the City’s Sign Code 

The City Manager is requesting approval to enter into a contract with Rogers Towers, P.A. 

for consulting services on the City’s Sign Code. Rogers Towers, P.A. is under contract with 

the Florida League of Cities to represent the City in a suit against its Sign Code. They have 

undertaken similar engagements for both the Cities of Clearwater, St. Pete Beach, and 

Oldsmar as well as providing legal service for other cities such as: Deerfield Beach, 

Parkland, Orange Park, and Mary Ester. The services are to be charge to account 001-114-5- 

181-00. 


Butler to APPROVE authorization to enter into a contract with Rogers Towers, P.A. for 

consulting services for the Sign Code in the amount not to exceed $12,500 to be charged to 

the appropriate amount, contingent upon approval of the City Attorney. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R8 

AUTHORIZATION FOR MAYOR TO SIGN A VOLUNTARY ANNEXATION 

AGREEMENT WITH KEVIN F. PIQUET (AX04-83) — Annexation of 2.25 acres 

MOL located at 10550 66 th Street North 


Owner plans to develop the property into offices and workshops. 

Kevin F. Piquet 

City Projected City Funds City Fees 

10550 66 th Street North Annual Revenue Expended Waived 

1-Year Projected Total $24,835.45 $0.00 $10,775.00 


The voluntary Annexation Agreement special provisions are: 

♦ Waive land development, plans review and permit fees for 60 

months. ($10,000) 

♦ Owner to apply for vacation of the106 th Avenue right-of way at no 

charge to Owner. ($225) 

♦ Owner to apply for rezoning from CH to M-1 at no charge. ($290) 

♦ City staff to recommend approval of Owner’s preliminary site plan. 

♦ Owner to grant a fifteen (15) foot permanent utility easement along 

northern boundary of property. Owner to clear the easement area at 

Owner’s expense. 

♦ City to waive one sanitary sewer connection fee. ($260) 

♦ City to grant a waiver to allow 6.4% interior green space (Code is 

currently 8%). 


Snook to APPROVE authorization for Mayor to sign a voluntary Annexation Agreement 

with Kevin F. Piquet for annexation of 2.25 acres MOL of contiguous commercial property 

located at 10550 66 th Street North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R9 

APPROVAL OF VOLUNTARY ANNEXATION OF PROPERTY OWNED BY 

PAMELA A. KELLY (AX03-43) — Annexation of 0.14 acres MOL located at 6050 

109 th Terrace North 

This is a voluntary annexation of 0.14 acres MOL of residential property. The Owner’s 

single-family residence is located on this site. 

Pamela A. Kelly 


6050 109 th Terrace North Annual Revenue Expended Waived 

1-Year Projected Total $591.02 $0.00 $0.00 

There are no special provisions in this Annexation Agreement. 


to APPROVE the voluntary annexation of 0.14 acres MOL of property owned by Pamela A. 

Kelly and located at 6050 109 th Terrace North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R10 

AUTHORIZATION FOR MAYOR TO SIGN ANNEXATION AGREEMENT WITH 

JEFFREY HUBBARD AND KIMBERLY HUBBARD (AX05-02) — Annexation of 

0.22 acres MOL located at 6078 114 th Terrace North 


Owner’s single-family home is located on this site. Upon annexation, the Owners plan to 

participate in the City’s Customer Service Culverting Program to culvert the abutting ditch 

along the Owner’s south property line. 

Jeffrey Hubbard and 

Kimberly Hubbard 




The Annexation Agreement special provisions are: 

♦ Upon annexation, the Owner may participate in the City’s Customer Service 

Culverting Program to culvert the abutting ditch along the Owner’s south 

property line. The Owner will be responsible for 100% of the cost of the 

culvert pipe, and an administrative fee of 15%. At no additional expense to 

the Owner, the City shall install the pipes and fill over the pipe according to 

all applicable City codes. 


to APPROVE authorization for Mayor to sign an Annexation Agreement with Jeffrey 

Hubbard and Kimberly Hubbard for annexation of 0.22 acres MOL located at 6078 114 th 

Terrace North 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R11 


KURT B. HINRICHS AND AMY G. HINRICHS (AX04-29) — Annexation of 0.63 

acres MOL located at 11889 34 th Street North 

This is a voluntary annexation of 0.63 acres MOL of contiguous commercial property. There 

is a warehouse located on this site. The Owner plans to redevelop 7651 Park Boulevard, 

already located in the City of Pinellas Park. 

Kurt B. Hinrichs and 

Amy G. Hinrichs 





♦ As part of the consideration of this Agreement, for a period of twelve (12) 

months from the date of this Agreement, the City shall waive all City land 

development fees, including the City sanitary sewer connection fee, 

applicable for the redevelopment of the Property located at 7651 Park 

Boulevard, estimated to be Eight Thousand Dollars ($8,000.00), as of the 

date of the execution of this Annexation Agreement. 

♦ The City shall waive all permit and inspection fees for the removal of any 

trees on the subject Property, in the estimated amount of Forty Dollars 

($40.00), as of the date of the execution of this Annexation Agreement. 


to APPROVE authorization for Mayor to sign an Annexation Agreement with Kurt B. 

Hinrichs and Amy G. Hinrichs for annexation of 0.63 acres MOL located at 11889 34 th Street 

North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





CITY MANAGER 

R12 AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH JAMES W. 

DENHARDT, CITY ATTORNEY 

At the City Council meeting on September 23, 2004, the City Manager was directed by City 

Council to enter into negotiations with the most qualified applicant as identified by the 

Selection Committee which was James W. Denhardt. Those negotiations have been held and 

the attached agreement is the result. 


Butler to APPROVE authorization for Mayor to sign an agreement with James W. Denhardt, 

City Attorney. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


MISCELLANEOUS 

M1 

ST PETERSBURG TIMES ARTICLE 

Tim Robinson, 3741 Mainlands Boulevard, stated he read a newspaper article concerning 

annexation controversies between Pinellas Park and Pinellas County that were discussed at 

the December 14 2004, Council Workshop. Mr. Robinson stated comments Vice-Mayor 

Butler made during this meeting were a personal insult to him and requested an apology. 

Councilman Butler stated he made the comments during a very vocal discussion. He 

apologized and provided an explanation for his comments. 




M2 

EDITORIAL ST PETERSBURG TIMES 

Peter White, 7197 120 th Avenue, stated he read an editorial that he believes was a smear job 

on Police Chief Thomas and she deserves better treatment and support from the community. 

M3 

POLICE NEGOTIATIONS 

John Horton, 5270 96 th Terrace, provided information on his background of police service. 

Mr. Horton explained the reason he is in opposition to the City not reaching an agreement on 

the union contracts with the Police Officers and Firefighters. Mr. Horton requested that 

Council give the officers what they deserve. 

Joe Shelley, 6035 86 th Avenue, stated there is nothing more important than Police and Fire 

and he feels they should be paid comparable to other agencies in Pinellas County. 

Cecil Bradbury, 9400 50 th Way, stated he supports Police and Fire but coming to Council 

Meetings is not the way to deal with union contracts. He provided information on previous 

merit increases and union contract negotiations. Mr. Bradbury stated all employees should be 

treated fairly with the funds available. 

M4 

CITY ADMINISTRATION 

Marshal Cook, 9300 54 th Street, stated he rescinds his support of City Manager Gustafson 

and explained the reasons for his unhappiness with the current administration. 

Finance Administrator Miller stated he is a 17 year employee of the City of Pinellas Park and 

City Manager Gustafson has his complete support and confidence. 

M5 

WATER MAIN 

Peter White, 7197 120 th Avenue, complimented Public Works employees on the response 

time and professionalism showed when he reported a water main break. 

M6 

SPAGHETTI DINNER 

Police Chief Thomas stated the Police Explorers Spaghetti Dinner and Bake Sale will be held 

Friday, January 28, 2005, from 5:00 P.M. until 8:00 P.M. at the Senior Center. 




ADJOURNMENT 

Mayor Mischler adjourned the meeting at 9:15 P.M. 

Attest: 

_____________________________________ 

Diane M. Corna 

City Clerk 

_____________________________________ 

William F. Mischler 

Mayor 

/cgg 






MINUTES 

January 27, 2005 



PRESENT: 

ABSENT: 






None 

Also present were: City Attorney, James Denhardt – Interim Assistant City Attorney, Christopher 

Hammonds – City Manager, Michael Gustafson - Assistant City Manager/Community Development 

Administrator, Tom Shevlin - Finance Administrator, Ron Miller – Office of Management and 

Budget Administrator, Dan Katsiyiannis - Human Resources Administrator, Tom Owens - 

Community Activities Administrator, Barbara Ponce – Fire Chief, Doug Lewis – Fire Administrative 

Services Director, MaryAnn Salch - Assistant Community Activities Administrator, Tim Caddell – 

Assistant Economic Development Director, Chuck Webber – Zoning Coordinator, Joe Aukstikalnis 

– MIS Administrator, Randy Linthicum - Public Works Administrator, Tom Nicholls – Police Chief, 

Dorene Thomas – Building Development Inspector Supervisor, Anthony Mastracchio - City Clerk, 

Diane M. Corna, and Deputy City Clerk, Christine Gardner. 

INVOCATION was given by Councilwoman Bradbury 



PROCLAMATIONS 

Library Appreciation Month – February 2005 

Morning Star School 35 Year Anniversary – February 2005 




SERVICE AWARD – RETIREMENT - 26 YEARS 

Kenneth Cramer – Fire Chief 

SERVICE AWARD — RETIREMENT – 14 YEARS 

Cheryl Bearce – Billing and Collection Specialist 

SERVICE AWARD - 20 YEARS 

Guy Keirn, Fire Lt/EMT 

James Kunkel – Firefighter/EMT 

SERVICE AWARD – 10 YEARS 

Russ Schibler, Foreman Sewer Division 

II. 


Approval of Regular Council Minutes of January 13, 2005, as on file in the City Clerk’s 

Office. 


Butler to APPROVE the Regular Council Minutes of January 13, 2005, as on file in the City 

Clerk’s Office. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





III. 



P1 

CONSIDERATION OF AN EXPANSION OF A CONDITIONAL USE TO EXPAND 

A “BOARDING STABLE” ON A CERTAIN PARCEL LOCATED AT 8690 60th 

STREET (CU 2004-27 – Gingola) 

PUBLIC HEARING 


The applicant proposes an expansion to the boarding stable use at 8690 60 th Street. The 

initial stable was constructed under Building Permit No. 2003-3342 and received a 

Conditional Use in 2003 for a boarding stable for a maximum of 10 horses. The applicant 

had requested 15 horses. The Planning and Zoning Commission recommended approval for 

15 horses. City Council approved the Conditional Use with a reduction to 10 horses. A 

second pole barn has now been constructed under Building Permit No. 2004-3278 and the 

applicant is pursuing approval for 10 additional boarded horses which requires Conditional 

Use review. The properties to the north, south, and west are zoned “F” Farm. The property 

to the east is zoned “P” Public (Skyview Elementary). At its meeting on November 4, 2004, 

the Planning and Zoning Commission recommended denial of the above request, due in part 

to testimony from the public which appeared to focus on usable area. Total acreage on the 

property is 2.3 acres. Usable area, minus structures and wet, wooded area is only 1.38 acres. 

Wet, wooded area is approximately 0.74 acre. Since the November 4, 2004 meeting, the 

applicant has cleared an additional portion of the wet, wooded area of the property for 

paddock use. 


Zoning Coordinator Aukstilkalnis stated additional research by Staff and site work by the 

applicant has increased land area to 2.26 acres with approximate 1,800 square foot of low 

lying area. 

Zoning Coordinator Aukstilkalnis stated utilizing the new Equestrian Board 

recommendations for the number of horses per acre, the applicant’s acreage will result in a 

total number of 18 horses for the 2.26 acres or 17 horses for the 2.26 acres lessing out the 

depressed area. 


John Gingola, 8690 60 th Street, provided information on the history of this item and stated he 

is requesting 20 horses, but would be satisfied with18 horses. 




Attorney Thomas Little, representing the applicant, stated Mr. Gingola is happy with staff 

findings and the recommendations of the Equestrian Board and has no problem reducing his 

request to 18 horses. 

Connie Bechstein, 6871 99 th Terrace, spoke in opposition to allowing Mr. Gingola an 

additional 10 horses on his property because she does not feel he has complied with 

conditions for manure disposal and clearing of the property. She stated concerns with 

allowing 20 horses on the property with a school across the street, manure on the sidewalks 

and the smell from the manure. 

Betty Shelley, 6035 86 th Avenue, stated her property is surrounded by horse stables but has 

only had the odor of horse manure since Mr. Gingola has owned Skyview Farms. She stated 

an additional 10 horses would make the smell twice as bad. 

Thomas Lastrapes, 6050 86 th Avenue, stated 20 horses on this property is considered high 

density and if the property is not managed properly the ramifications would be flies and 

manure. Mr. Lastrapes requested that Council be conservative in their decision and limit the 

number of horses, in case it does not work out. 

Joe Shelley, 6035 86 th Avenue, stated there are too many horses in too little space and 

provided information on discussions held at previous Council Meetings pertaining to this 

item. Mr. Shelley presented photographs which he stated show the barn is not built and the 

south side of the property is lacking 235 feet of fence. 

Joe Shelley, 6035 86 th Avenue, stated concerns with the vehicle parking, the location of the 

arena, low spots and drainage problems and the location of the manure and horse trailers. 

Mark Michael, 6100 86 th Avenue, stated the amount of land use makes 20 horses too much 

for the property. 

City Attorney Denhardt stated the study from the Equestrian Board needs to be entered into 

the record to depict the process and procedure used to make a recommendation and although 

this information is not law, it is something that can be taken into consideration as far as facts 

or evidence. 

Cecil Bradbury, 9400 50 th Way, stated 15 horses is a reasonable number based on Council’s 

discussion of the Equestrian Board’s recommendations because it will determine what other 

people in the future will get and also to be consistent and equal to all. 

Zoning Coordinator Aukstilkalnis read the proposed definition for net acreage given by the 

Equestrian Board and discussion was held on usable area. 




Joe Shelley, 6035 86 th Avenue, stated the 235 feet to the rear of the Gingola property is not 

completely usable area for the horses. 

Zoning Coordinator Aukstilkalnis stated a fence would be considered and impediment. 

However, in the applicant’s case, the fence is at the property line and the drive entrance is 

dirt. 

Assistant City Manager/Community Development Administrator Shevlin stated he viewed 

the property and the only area that is wet is the depressed area and the rest of the property in 

the back is dry. 

Discussion was held on usable land. 

Deborah Mather, 9400 56 th Way, stated with the hurricanes last year the Gingola property 

had no standing water. 

City Manager Gustafson stated he viewed the property and there is an 1,800 square foot area 

that is depressed, but there is very little moisture there at this time and according to the 

Southwest Florida Water Management District (SWFMD) there is only a 10x10 moist area. 

John Gingola, 8690 60 th Street, stated there is no odor or flies because his property is very 

clean and he has never received a complaint from Skyview Elementary School. 

Attorney Little stated he does not believe there has been any competent evidence that shows 

there is too much density that the land will not support the horses requested. He stated the 

land meets the requirement, the considerations of the staff calculations, and the Equestrian 

Board projected numbers per acre so he feels this request is reasonable and requested Council 

approval. 


Councilwoman Bradbury stated she is proposing a revised motion considering when the 

applicant originally came to Council he requested 15 horses and she thinks a certain amount 

of area should be calculated for family use and the remainder calculated for the horses. 





to APPROVE a request to approve an expansion of an existing Conditional Use to expand a 

boarding stable located at 8690 60 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, Conditional Use Case No. 2003-19, shall 

remain in full force and effect. 

2. There shall be no more than fifteen (15) horses boarded on this site. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

MOTION DENIED 

Councilwoman Bailey-Snook stated past performance is a great dictator of future 

performance and the neighbors are already having a problem with the stench, therefore she 

thinks fifteen horses are too many. 

Councilman Taylor stated this property is farm zoned and so are the surrounding properties 

with the exception of Skyview Elementary School. He stated this item was previously denied 

by the Planning and Zoning Commission but since that time the Equestrian Board has 

provided calculations that will provide consistency for making decisions now and in the 

future. 

Mayor Mischler stated the Equestrian Board presented a draft ordinance for density 

regulations and he feels that those findings should be followed. 

Councilwoman Bradbury stated she is not taking the recommendations of the Equestrian 

Board lightly so her other option would be to request Council table this item until Staff 

determines what square footage of the property is horse property. 

Mayor Mischler stated the recommendations of the Equestrian Board have not been adopted, 

therefore, it is not law at this time. 




Discussion was held on the net acreage and how it was determined. 

Vice-Mayor Butler stated green area has to be considered as space and he is ready to make a 

decision on this item because he has faith the Equestrian Board knows what they are dealing 

with. 

MOTION was made by Vice-Mayor Butler to APPROVE a request to approve an 

expansion of an existing Conditional Use to expand a boarding stable located at 8690 60 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, Conditional Use Case No. 2003-19, shall 

remain in full force and effect. 

2. There shall be no more than eighteen (18) horses boarded on this site. 

MOTION DIED DUE TO LACK OF A SECOND 


to TABLE this item until the adoption of the ordinance proposed by the Equestrian Board 

and staff that determines the number of horses allowed per net acre. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

MOTION CARRIED 




P2 

CONSIDERATION OF AN AMENDMENT TO AN APPROVED PRELIMINARY 

SITE PLAN IN THE “M-1” LIGHT INDUSTRIAL ZONING DISTRICT FOR THE 

EXPANSION OF AN INDUSTRIAL USE (WHOLESALE DISTRIBUTOR OF 

SPECIALTY PLYWOOD AND WOOD PRODUCTS) WHICH ABUTS 

RESIDENTIALLY ZONED PROPERTY FOR A CERTAIN PARCEL OF LAND 

GENERALLY LOCATED AT 4500 110 th AVENUE. (MS 2005-4 Quality Land 

Corp/Michael Jankowski) 

PUBLIC HEARING 


The applicant is proposing a 15,306 square feet addition to a building located at 4500 110 th 

Avenue. The property abuts “The Lakes”, a “RPUD” Residential Planned Unit Development 

to the east. The applicant currently operates a wholesale distribution center of specialty 

plywood and wood products. The addition is required because the product is of a quality that 

requires storage indoors, as opposed to a typical lumber distributor. Section 18-1506.23 of 

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

within the “M-l” Light Industrial Zoning District which functionally abuts property zoned 

residential. City Council may require the installation of additional buffering in order to 

eliminate an adverse impact of the proposed industrial use on the adjacent property. 





to APPROVE the Preliminary Site Plan for a 15,306 square feet addition to property located 

at 4500 110 th Avenue. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P3 

ORDINANCE NO. 3298. ADOPTING AN AMENDED MASTER PLAN FOR AN 

EXISTING “CPUD” COMMERCIAL PLANNED UNIT DEVELOPMENT FOR 

PROPERTY GENERALLY LOCATED AT 10196 66 th STREET ALONG WITH 

CONSIDERATION OF A “DRIVE-IN/DRIVE-THRU BUSINESS: ALL TYPES NOT 

OTHERWISE LISTED” A CONDITIONAL USE IN THE “B-1” GENERAL 

COMMERCIAL ZONING DISTRICT WITH WAIVER TO ELIMINATE 

LANDSCAPE BUFFER BETWEEN ADJACENT PROPERTIES AND A VARIANCE 

TO REQUIRED PARKING FROM SEVENTY-THREE SPACES TO SIXTY-THREE 

SPACES. (PUD 2004-6/CU 2004-31/BOA 2004-36 – Walgreen’s/Scott Lincoln) 


(QUASI JUDICIAL) 

The applicant has requested a waiver to eliminate the landscape buffer required between 

properties, more specifically to the adjacent southern parcel. The applicant has also requested 

a variance to parking requirements from 73 spaces to 63 spaces. The proposal appears to be 

consistent with the Comprehensive Plan and would not lower adopted levels of service for 

City infrastructure. The abutting Zoning Districts are: To the north “B-1”, the Bank of 

America with drive-thru; to the South “CPUD”, Platinum Wrench Auto Repair; to the east 

“B-1”, an Amoco Gas Station; to the west “RPUD”, Oceanside Apartments. The Planning 

and Zoning Commission, at its meeting December 2, 2004, recommended Approval of the 

new Master Plan. 




Zoning Coordinator Aukstilkalnis stated staff would like to request that the following 

condition be added to the motion: “The proposed alteration to the knee wall shall be for 

location only and that said knee wall shall match existing knee walls”. 

Scott Lincoln, Lincoln Allen Civil Engineering, provided information on this item and stated 

agreement with staff recommendations. 






to PASS Ordinance No. 3298 with the additional conditions based upon staff 

recommendations with the additional staff knee wall recommendations. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Discussion was held on the surrounding properties. 




P4 



NORTH (PIQUET - AX04-83) 





Kevin Piquet, 6260 67 th Avenue, stated he is available to answer any questions. 



Butler PASS Ordinance No. 3302. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P5 



NORTH (KELLY AX03-43) 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P6 



NORTH (HUBBARD, JEFFREY AND KIMBERLY AX05-02) 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P7 



NORTH (HINRICHS, KURT B. AND AMY G. AX04-29) 


This is a voluntary annexation of 0.63 acres MOL of contiguous commercial. There is a 

warehouse located on this site. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





POLICE 

P8 RESOLUTION NO. 05-04. LOT MOWING LIENS, PROGRAM #205. 







The City Attorney read Resolution No 05-04 by title only. Mayor Mischler opened the 







Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 








C1 


CERTAIN PARCELS OF LAND GENERALLY LOCATED IMMEDIATELY EAST 

OF 7151 114 TH AVENUE NORTH - (S. And J. Family Limited Partnership – AX05-04) 


This is a voluntary annexation of 3.02 acres MOL of vacant commercial property. The 

Owner plans to build a 50,000 square foot warehouse on the site. 

C2 



NORTH (LEANNE M. ALMYDA AND DORIS J. O’QUINN AX05-7) 



Owner’s mobile home, with improvements, is located on this site. 




C3 

ORDINANCE NO. _3305. AN ORDINANCE AMENDING CHAPTER 18 (LAND 

DEVELOPMENT CODE), ARTICLE 2 “DRAINAGE” OF THE CODE OF 

ORDINANCES OF THE CITY OF PINELLAS PARK, FLORIDA BY AMENDING 

SECTION 18-202 SUBSECTION (B) “DEFINITIONS”; BY AMENDING SECTION 

18-203 “DEVELOPMENT SUBJECT TO PROVISIONS OF THIS ORDINANCE”; 

AMENDING SECTION 18-204 “CONTROL REQUIREMENTS FOR STORM 

WATER RUNOFF”; BY AMENDING SECTION 18-205 “REQUIREMENTS FOR 

SLOPES, FENCING AND SETBACKS; BY AMENDING SECTION 18-206 “SOIL 

REMOVAL”, PROVIDING FOR CERTIFICATION BY CITY COUNCIL THAT 

THIS ORDINANCE IS IN CONFORMANCE WITH THE CITY’S 

COMPREHENSIVE PLAN; 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 2005-05) 


Chapter 18 (Land Development Code), Article 2 “Drainage” is being amended due to 

considerable changes in the construction industry within the past several years. The 

ordinance needed updating to reflect the current construction practices and keeping in line 

with South West Florida Water Management District and the Pinellas Park Water 

Management District requirements by amending Section 18-202 Subsection (B) 

“Definitions”; amending Section 18-203 “Development Subject to Provisions of this 

Ordinance”; amending Section 18-204 “Control Requirements for Storm Water Runoff; 

amending Section 18-205 “Requirements for Slopes, Fencing and Setbacks; amending 

Section 18-206 “Soil Removal”. This was approved at the December 2, 2004 Planning & 

Zoning Commission meeting and was reviewed by City Council at the January 11, 2005 

workshop. 

C4 

RESOLUTION NO. 05-12. GRANTING CERTAIN PERMIT FEE WAIVERS TO 

OWNERS OF A SINGLE-FAMILY DWELLING DURING A THREE WEEK 

PERIOD BEGINNING MONDAY, MARCH 7, 2005 THROUGH FRIDAY, MARCH 

25, 2005, 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. 





C5 

RESOLUTION NO. 05-11. ADOPTING A THREE-YEAR AGREEMENT BETWEEN 

THE CITY OF PINELLAS PARK AND THE INTERNATIONAL ASSOCIATION OF 

FIREFIGHTERS LOCAL 2193, AFL-CIO; WHICH AGREEMENT IS FOR THE 

PERIOD OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2007; PROVIDING FOR 

AN EFFECTIVE DATE. 


This resolution adopts a three-year contract between the City of Pinellas Park and the 

International Association of Firefighters, Local 2193, AFL-CIO, concerning the wages, hours 

and other terms and conditions of employment, to be effective October 1, 2004. The contract 

has been ratified by the members of the bargaining unit. 

MIS 

C6 

AUTHORIZATION FOR THE PURCHASE OF TWENTY LAPTOP COMPUTERS 

— Dell Corporation – Police Department 

Authorization to purchase twenty (20) laptop computers from Dell Corporation (One Dell 

Way, Round Rock, TX 78682) under state contract #250-003-03-1 at a total cost of 

$31,320.00 to be charged to account 501-851-5-621-08. 

Authorization to purchase twenty (20) laptop computers from Dell Corporation at a cost of 

C7 

AUTHORIZATION FOR THE PURCHASE OF CANON MS-800 SCANNER AND 

DELL COMPUTER – Canon, Dell Corp 

Authorization to purchase one (1) MS-800 Digital Microfilm Reader/Scanner from Image 

One Technology Solutions (6206 Benjamin Road, Suite 301 Tampa, FL 33634) under GSA 

contract #GS-25F-0023M at a cost of $13,631.00 and one (1) Dell Dimension computer from 

Dell Corporation (One Dell Way, Round Rock, TX 78682) under state contract #250-003-03- 

1 at a cost of $1,362.71. Total cost of $14,993.71 to be charged to account 501-851-5-621- 

08. 

Authorization to purchase one (1) MS-800 Digital Microfilm Reader/Scanner from Image 

One Technology Solutions at a cost of $13,631.00 and one (1) Dell Dimension computer 

from Dell Corporation at a cost of $1,362.71. Total cost of $14,993.71 to be charged to the 

appropriate account. 




POLICE 

C8 AUTHORIZATION FOR DONATION —YOUTH SERVICES SECTION 

The Pinellas Park Police Department is mandated by the Florida State Legislature to donate 

15% of confiscated funds. This donation will be used to purchase drug-free resistance 

materials for the Police Department’s D.A.R.E. Program 

Authorization for donation to the Pinellas Park Police Department Youth Services Section in 

the amount of $3,988.55 from the Confiscated Property Fund Balance to Confiscated 

Property Fund Operating Account 104-212-5-331-09. 

PUBLIC WORKS 

C9 CHANGE ORDER NO. 1 AND FINAL PAYMENT FOR PROJECT 04/016, 03/04 

SIDEWALK CONSTRUCTION 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 increase in the contract amount represents an increase of the 

original contract amount by 01.4%. The account to be charged will be 301-481-5-736-18. 

Additional sidewalks were installed at the Ronald P. Forbes recreation center to facilitate 

pedestrian and handicap access from 94 th Avenue. The final contract amount is $1,368.10 over 

the budgeted amount and included additional segments of sidewalk construction requested by 

the Planning Division. 

Authorization for approval and acceptance of Change Order No. 1, Project 04/016, 03/04 

Sidewalk Construction Program, an increase in the contract amount of $1,368.10, for a total 

adjusted contract amount of $96,281.00.00 and authorization for final payment of $9,628.10 to 

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






appropriate, Items C1 thru C9 inclusive, with Items C1, C2 and C3 being First Reading Prior 

to Public Hearing and Items C4 and C5 being First and Final Reading, and SECONDED by 

Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 







R1 

CONSIDERATION OF A PRELIMINARY SITE PLAN FOR A CHURCH, IN THE 

“P" PUBLIC ZONING DISTRICT FOR A CERTAIN PARCEL OF LAND 

LOCATED AT 11225 US Highway 19 (MS 2005-2 – Pinellas Park Baptist 

Temple/Housh Ghovaee) 


The applicant is proposing to construct a new church sanctuary in the “P” Public Zoning 

District at the former location of the Joyland Amusement Center. Section 18-1506.2 (H) of 


within the “P” Public Zoning District. A Public Hearing is required when waivers are 

requested. However, no waivers have been applied for. City Council may require the 

installation of additional buffering in order to reduce or eliminate adverse impact of the 

proposed use upon the adjacent uses and to the area. 


Snook to APPROVE the Preliminary Site Plan for a church in the “P” Public Zoning 

District. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R2 APPROVAL OF VOLUNTARY ANNEXATION OF PROPERTY OWNED BY S. 

AND J. FAMILY LIMITED PARTNERSHIP (AX05-04) — Annexation of 2.97 acres 

MOL generally located immediately East of 7151 114 th Avenue North. 

This is a voluntary annexation of 2.97 acres MOL of contiguous vacant commercial property. 

The owner plans to construct a 50,000 square foot finished inventory warehouse on the site at 

some future date. 

S. and J. Family Limited 

Partnership 

East of 7151 114 th Avenue North 

City Projected 

Annual Revenue 

City Funds 

Expended 

City Fees 

Waived 



The Annexation Special Provisions are: 

• Owner to deed the south 15 feet to City for right-of-way 

• City to waive land development, plans review and permit fees for 60 

months ($20,000) 

• City to waive sewer connection fee for 60 months ($260) 


Snook to APPROVE the voluntary annexation of 2.97 acres MOL of contiguous commercial 

property owned by S. and J. Family Limited Partnership. 


Snook to WITHDRAW the previous motion. 

MOTION was made by Vice-Mayor Butler and SECONDED by Councilwoman Bailey- 

Snook to APPROVE authorization for the Mayor to sign an annexation agreement with S 

and J Family Limited Partnership for an annexation of 2.97 acres MOL of contiguous vacant 

commercial property generally located immediately east of 7191 114 th Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R3 


LEANNE M. ALMYDA AND DORIS J. O’QUINN (AX05-7) — Annexation of 0.14 

acres MOL located at 6133 108 th Avenue North 



Leanne M. Almyda and 

Doris J. O’Quinn 

6133 108 th Avenue North 




Expended 


Waived 




Snook to APPROVE the voluntary annexation of 0.14 acres MOL of property owned by 

Leanne M. Almyda and Doris J. O’Quinn and located at 6133 108 th Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





OMB 

R4 

REAPPOINTMENTS OF LETA CHANEY AND ROBERT MEYER TO THE 

CITIZENS'BUDGET ADVISORY COMMITTEE 

Both Ms. Chaney and Mr. Meyer have served on the Committee since April, 1998. Both 

members indicated that they are interested in continuing to serve on this Committee. 


Snook to APPROVE reappointments of Leta Chaney and Robert Meyer to serve as regular 

members of the Citizens'Budget Advisory Committee with terms to expire April 2007. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Councilwoman Bradbury stated both these board members have been serving on the board 

since 1998 and thanked them for their service. 





R5 

RECEIPT OF 2004 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. 


Butler to ACCEPT the 2004 Library Annual Report in accordance with Section 2-504 of the 

City Code requiring submission on a yearly basis. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Councilwoman Bailey-Snook stated the volume and types of materials available through the 

Cooperative Library System has made a high volume use of the Pinellas Park Library and she 

is proud of the job the Library Staff does. 

Community Activities Administrator Ponce presented information on the annual report. 




MISCELLANEOUS 

M1 

GRANDMOTHER 

Councilwoman Bradbury stated her grandmother is going back to West Virginia and 

wished her a safe trip. 

M2 

ELECTIONS IN IRAQ 

Councilman Taylor provided information on the upcoming elections in Iraq. 

M3 

SPAGHETTI DINNER AND BAKE SALE 

Police Chief Thomas stated Friday, January 28, 2005, the Police Explorers Spaghetti 

Dinner and Bake Sale will be held from 5:00 P.M to 8:00 P.M. at the Senior Center. 

M4 

COMMENTS DURING MEETINGS 

John Horton, 5279 66 th Terrace, stated opposition to comments made during the last 

Council Meeting pertaining to Police Officers and union negotiations. 

Cecil Bradbury, 9400 50 th Way, clarified comments he made during the last and current 

Council Meetings. 

ADJOURNMENT 

Mayor Mischler adjourned the meeting at 9:35 p.m. 

Attest: 

_____________________________________ 



_____________________________________ 


Mayor 

/cgg 






MINUTES 

February 10, 2005 



PRESENT: 

ABSENT: 






None 

Also present were: City Attorney, James Denhardt – Interim Assistant City Attorney, Christopher 


Administrator, Tom Shevlin - Finance Administrator, Ron Miller – Business and Neighborhood 

Development Director, Susan Walker – Police Chief, Dorene Thomas - Resources Administrator, 

Tom Owens - Community Activities Administrator, Barbara Ponce - Assistant Community Activities 

Administrator, Tim Caddell – Assistant Economic Development Director, Chuck Webber – MIS 

Administrator, Randy Linthicum - Public Works Administrator, Tom Nicholls – Deputy Fire Chief, 

Sandy Sullivan – Office of Management and Budget Administrator, Dan Katsiyiannis – Planning 

Director, Bob Bray – Public Utilities Director, Keith Sabiel – Building Development Inspector 

Supervisor, Anthony Mastracchio - City Clerk, Diane M. Corna and Deputy City Clerk, Christine 

Gardner. 

INVOCATION was given by Vice-Mayor Butler. 



SPECIAL PRESENTATION — Employee of the Quarter 

Dave Chase, Traffic Control Analyst 

2005 CITY AMBASSADOR AWARDS 

Roger Broderick 

Jerry Mullins 



FEBRUARY 10, 2005

SPECIAL PRESENTATION — CHECK 

Frank Giglio of Tampa Bay Events and Jill Pittman from Nextel to Pinellas 

Park Angel Fund 

II. 


Approval of Regular Council Minutes of January 27, 2005, as on file in the City Clerk’s 

Office. 


Butler to APPROVE the Regular Council Minutes of January 27, 2005, as on file in the City 

Clerk’s Office 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





III. 



P1 


CERTAIN PARCELS OF LAND GENERALLY LOCATED IMMEDIATELY EAST 

OF 7151 114 TH AVENUE NORTH - (S. And J. Family Limited Partnership – AX05-04) 


This is a voluntary annexation of 3.02 acres MOL of vacant commercial property. The Owner 

plans to build a 50,000 square foot warehouse on the site. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P2 














Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P3 

ORDINANCE NO. _3305. AN ORDINANCE AMENDING CHAPTER 18 (LAND 

DEVELOPMENT CODE), ARTICLE 2 “DRAINAGE” OF THE CODE OF 

ORDINANCES OF THE CITY OF PINELLAS PARK, FLORIDA BY AMENDING 

SECTION 18-202 SUBSECTION (B) “DEFINITIONS”; BY AMENDING SECTION 

18-203 “DEVELOPMENT SUBJECT TO PROVISIONS OF THIS ORDINANCE”; 

AMENDING SECTION 18-204 “CONTROL REQUIREMENTS FOR STORM 

WATER RUNOFF”; BY AMENDING SECTION 18-205 “REQUIREMENTS FOR 

SLOPES, FENCING AND SETBACKS; BY AMENDING SECTION 18-206 “SOIL 

REMOVAL”, PROVIDING FOR CERTIFICATION BY CITY COUNCIL THAT 

THIS ORDINANCE IS IN CONFORMANCE WITH THE CITY’S 

COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF ALL ORDINANCES 




Chapter 18 (Land Development Code), Article 2 “Drainage” is being amended due to 

considerable changes in the construction industry within the past several years. The 

ordinance needed updating to reflect the current construction practices and keeping in line 

with South West Florida Water Management District and the Pinellas Park Water 

Management District requirements by amending Section 18-202 Subsection (B) 

“Definitions”; amending Section 18-203 “Development Subject to Provisions of this 

Ordinance”; amending Section 18-204 “Control Requirements for Storm Water Runoff; 

amending Section 18-205 “Requirements for Slopes, Fencing and Setbacks; amending 

Section 18-206 “Soil Removal”. This was approved at the December 2, 2004 Planning & 

Zoning Commission meeting and was reviewed by City Council at the January 11, 2005 

workshop. 



Assistant City Manager/Community Development Administrator Shevlin stated this 

amendment provides for new regulations that make it easier for developers to comply with 

codes. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Councilman Taylor asked if this amendment will keep the regulations as comprehensive? 

Assistant City Manager/Community Development Administrator Shevlin stated it will make 

it easier to administer the regulations while maintaining the standards that are already in 

place. 




P4 

RESOLUTION NO. 05-13. VACATION OF A 10 FEET WIDE ALLEY, 

GENERALLY LOCATED BETWEEN 76 TH AVENUE AND PARK BOULEVARD, 

FROM 64 TH WAY TO 65 TH STREET. (V 2005-2 – Smith, Yarnell, Beck) 


The applicants are requesting the vacation of a 10 feet wide alley generally located between 

76 th Avenue and Park Boulevard, from 64 th Way to 65 th Street. The applicants would like the 

ability to construct fencing to prevent access to the alley by vagrants and to preserve peaceful 

enjoyment of their homes. The Planning and Zoning Commission, at their meeting of January 

6, 2005, recommended APPROVAL of the vacation, based on the following Findings of 

Fact: 



subject to the retention of a utility and drainage easement. 






Snook to ADOPT Resolution No. 05-13. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Mayor Mischler stated this will improve this area. 




P5 

RESOLUTION NO. 05-02. A RESOLUTION VACATING A PORTION OF 132 ND 

AVENUE NORTH RIGHT-OF-WAY BETWEEN 40 TH STREET NORTH AND 41 ST 

STREET NORTH GENERALLY LOCATED AT 132 ND AVENUE, BETWEEN 40 TH 

AND 41 ST STREET NORTH. (V 2004-15 A&J Industries ) 


The applicant is requesting the vacation of a 404 linear foot portion of the 132 nd Avenue 

right-of-way located between 40 th Street and 41 st Street. The applicant would like to utilize 

the property for Phase II of construction to the Melco facility. Staff is recommending the 

vacation be tabled due to the fact that the additional information that is required to 

process the case has not been received. 




to TABLE Resolution No. 05-02. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






PUBLIC WORKS 

C1 

AUTHORIZATION FOR THE MAYOR TO SIGN INTERLOCAL WASTEWATER 

TREATMENT SERVICE AGREEMENT – City of Largo 

This authorizes the Mayor to sign an Interlocal Agreement for wastewater treatment services 

with Largo. Largo owns and operates the wastewater collection facilities to properties 

located north of 118 th Avenue (CR 296) and east of 34 th Street, which lie within the City’s 

corporate boundaries. The agreement is required for Largo to provide these services within 

the corporate boundaries of Pinellas Park. 

Authorization for the Mayor to sign an Interlocal Agreement for wastewater treatment 

services between the City of Pinellas Park and the City of Largo. 


C2 



NORTH (O’QUINN AX05-8) 


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

mobile home, with improvements, is located on this site. The property is not homestead 

exempt. 

C3 



NORTH -(ANCAST INVESTMENTS, LLC- AX05-11) 


This is a voluntary annexation of 2.62 acres MOL of commercial property. First Florida 

Executive Center is located on the site. 




C4 

ORDINANCE NO. 3311. AMENDING CHAPTER 18 (LAND DEVELOPMENT 

CODE), ARTICLE 15 “ZONING” OF THE CODE OF ORDINANCES BY 

AMENDING SECTION 18-1504.4(A)1. “ESTABLISHMENT AND COMPOSITION” 

BY PROVIDING FOR A REPRESENTATIVE FROM THE ARMED FORCES 

RESERVE CENTER/PINELLAS PARK TO BE AN EX-OFFICIO, NONVOTING 

MEMBER. (LDC 2005-3). 

FIRST READING PRIOR TO PUBLIC HEARING (Public Hearing February 24, 

2005) 

The proposed amendments provide for a representative of the military installation to be an 

ex-officio, nonvoting member representing the Armed Forces Reserve on the Planning and 

Zoning Commission. This amendment is required by Florida Statutes. On January 6, 2005, 

the Planning and Zoning Commission recommended APPROVAL of the proposed 

amendments. 

C5 ORDINANCE NO. 3306. AMENDING THE LAND USE PLAN MAP FROM 

INDUSTRIAL LIMITED (IL) TO INSTITUTIONAL (I) ON A CERTAIN PARCEL 

OF LAND GENERALLY LOCATED NORTH OF 12087 62 nd STREET NORTH. 

(LUPA 2004-6 – Warrior Industrial Park LLC/Tim Johnson Jr.) 


(February 24, 2005, Public Hearing – QUASI-JUDICIAL) 

The applicant is proposing a Land Use Plan Map amendment from Industrial Limited (IL) to 

Institutional (I) on approximately 7.00 acres located north of 12087 62 nd Street. The 7.00 

acres parcel of land is proposed to be the future site for Pathways Community Church. The 

future Land Use Plan Map amendment is required because the site exceeds five acres of 

Institutional (I) land use in the Industrial land use category. The applicant is proposing a 

concurrent rezoning from “M-1” Light Industrial to “P” Public, as well as a miscellaneous 

case for the creation of a flag lot, Case No. MS 2005-3. At its meeting on January 6, 2005, 

the Planning and Zoning Commission recommended APPROVAL of the Land Use Plan Map 

Amendment based on the “Responses of Relevant Considerations for Land Use Plan Map 

Amendments.” The Relevant Considerations found that: 



The Land Use designations to the north, south, and east are Industrial Limited (IL). To the 




west are properties with a Land Use designation of Institutional (I). 

C6 

ORDINANCE NO. 3307. REZONING FROM “M-1” LIGHT INDUSTRIAL TO “P” 

PUBLIC ON A CERTAIN PARCEL OF LAND GENERALLY LOCATED NORTH 

OF 12087 62 ND STREET NORTH. (Z 2004-11 – Warrior Industrial park LLC/Tim 

Johnson Jr.) 


(February 24, 2005, Public Hearing – QUASI-JUDICIAL) 

The applicant is proposing a rezoning from “M-1” Light Industrial to “P” Public on 

approximately 7.00 acres located north of 12087 62 nd Street. The 7.00s acre parcel of land is 

proposed to be the future site for Pathways Community Church. The applicant is proposing a 

concurrent Land Use Plan amendment from Industrial Limited (IL) to Institutional (I), as well 

as a miscellaneous case for the creation of a flag lot, Case No. MS 2005-3. At its meeting on 

January 6, 2005, the Planning and Zoning Commission recommended APPROVAL of the 

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

Considerations found that: 


2. the rezoning would not adversely affect the neighborhood. 

The abutting Zoning Districts are: to the north, south and east are “M-1” Light Industrial; 

and to the west “P” Public. 

OMB 

C7 ORDINANCE NO. 3308. AMENDING ORDINANCE 3308 ADOPTING THE 

BUDGET FOR FISCAL YEAR 2004/2005. 


Ordinance No. 3257 is being amended to reflect subsequent expenditures/items approved 

during the year by the City Council. In addition, the amendment also reflects several projects 

that have slipped into FY 04/05 and re-appropriation of excess funds from CIP projects that 

have been completed. For the fiscal year, estimated expenditures have been compared to 

anticipated revenue and actual collections (through 01/31/2005). 





C8 

RESOLUTION NO. 05-15. ADOPTING REVISED PAY, PROBATIONARY PERIOD 

AND BENEFIT POLICIES FOR POSITIONS NOT INCLUDED IN BARGAINING 

UNITS WITHIN THE CITY OF PINELLAS PARK; PROVIDING FOR AN 



This resolution adopts a revised Longevity Pay policy, a revised policy for the Probationary 

Period for Public Safety Dispatchers and a revision to the Sick Leave policy authorizing a 

payout of sick leave hours to eligible retirees and those exiting DROP. 

C9 

RESOLUTION NO. 05-14. AMENDING RESOLUTION NO. 05-07 TO CORRECT A 

SCRIVENER’S ERROR ON PAGE 14, GRADE 100, OF THE REVISED 

CLASSIFICATION AND PAY PLAN FOR POSITIONS NOT INCLUDED IN 

BARGAINING UNITS WITHIN THE CITY OF PINELLAS PARK; PROVIDING 

FOR AN EFFECTIVE DATE. 


On January 13, 2005, City Council approved Resolution No. 05-07, adopting a revised 

Classification and Pay Plan for positions not included in bargaining units. Since that time, it 

was discovered that there were errors in the hourly and bi-weekly calculations on Page 14, 

Grade 100. 




ADD ON ITEMS 

C10 


THE CITY OF PINELLAS PARK AND THE FRATERNAL ORDER OF POLICE, 

LODGE 43 (POLICE SERGEANTS); WHICH AGREEMENT IS FOR THE PERIOD 

OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2007; PROVIDING FOR AN 




Fraternal Order of Police, Lodge 43 (Police Sergeants), concerning the wages, hours and 

other terms and conditions of employment, to be effective October 1, 2004. The contract has 

been ratified by the members of the bargaining unit. 

C11 


THE CITY OF PINELLAS PARK AND THE FRATERNAL ORDER OF POLICE, 

LODGE 43 (POLICE OFFICERS AND COMMUNITY COMPLIANCE 

SPECIALISTS); WHICH AGREEMENT IS FOR THE PERIOD OCTOBER 1, 2004 

THROUGH SEPTEMBER 30, 2007; PROVIDING FOR AN EFFECTIVE DATE. 



Fraternal Order of Police, Lodge 43 (Police Officers and Community Compliance 

Specialists), concerning the wages, hours and other terms and conditions of employment, to 

be effective October 1, 2004. The contract has been ratified by the members of the bargaining 

unit. 


appropriate, Items C1 thru C11 inclusive, with Items C2 thru C7 being First Reading Prior to 

Public Hearing and Items C8 thru C11 being First and Final Reading, and SECONDED by 



Voting Yea: 









Voting Nay: 

Absent: 

Abstaining: 

None 

None 

None 




R1 CONSIDERATION FOR AN OCCUPATIONAL LICENSE FEE TO BE REDUCED – 

Computer Video Associates (9125 U.S. Hwy 19 North) 

Ann T. Beaman, member of Computer Video Associates, requests a partial refund for their 

2004/2005 occupational license (number 146027). Ann T. Beaman will be present to discuss 

a partial refund of their $500 occupational license fee. 


Butler to APPROVE a partial refund of the occupational license fee for Computer Video 

Associates for the 2004/2005 fiscal year. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

MOTION DENIED 

Councilwoman Bailey-Snook stated this company was only in business for four days with 

this license so they would like to have some part of the fee refunded. 

Ann Beaman, 4348 43 rd Street, stated the license fee was paid well in advance creating this 

situation. She stated the fees were due the same month she went out of business and 

explained the circumstances surrounding the request. 

Mayor Mischler stated concern with opening it up for those who go out of business to come 

in and request refunds. 




R2 


LELAND O’QUINN (AX05-8) — Annexation of 0.14 acres MOL located at 6047 108 th 

Avenue North 



exempt. 

Leland O’Quinn 


6047 108 th Avenue North Annual Revenue Expended Waived 




to APPROVE the voluntary annexation of 0.14 acres MOL of property owned by Leland 

O’Quinn and located at 6047 108 th Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R3 


ANCAST INVESTMENTS, LLC (AX05-11) — Annexation of 2.10 acres MOL located 

at 12360 66 TH Street North 

This is a voluntary annexation of 2.10 acres MOL of contiguous commercial property. First 

Florida Executive Center is located on this site. 

Ancast Investments, LLC City Projected City Funds City Fees 


1-Year Projected Total $14,508.38 $0.00 $0.00 

There are no special provisions in this voluntary Annexation Agreement. 


to APPROVE the voluntary annexation of 2.10 acres MOL of contiguous commercial 

property owned by Ancast Investments, LLC and located at 12360 66 th Street North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R4 

AUTHORIZATION TO WAIVE CITY OF PINELLAS PARK FEE TO PROCESS A 

BOARD OF ADJUSTMENT APPLICATION FOR A VARIANCE TO A SIDE YARD 

SETBACK FROM 6 FEET TO 3.1 FEET TO ALLOW AN EXISTING SHED TO 

REMAIN. (BOA 2005-1(W) – OVID MILLER) 

The applicant, Ovid (David) Miller, is requesting a waiver to: Section 18-1505.13 “Fees and 

Charges”. BOARD OF ADJUSTMENT /COMMUNITY REDEVELOPMENT AGENCY 

VARIANCES RESIDENTIAL: $ 225.00. City Council may waive fees for applications 

which are determined to provide good cause and public benefit. The applicant is a disabled 

veteran and is requesting filing fees be waived. Mr. Miller states he is unable to pay the 

filing fees due to financial circumstances. The applicant started construction of the new shed 

without a permit unaware of setback requirements. Code Enforcement cited Mr. Miller for 

the encroachment into the setback and not having a permit. Mr. Miller, in turn, came in to 

speak to the Zoning Division to fully conform to Code. Mr. Miller stated “the old shed has 

been in the same location for over 10 years and that the canal, located in the rear of the 

property, is encroaching onto the property in such a way that it is damaging the dimensions 

of the property and flooding the lot”. The replacement of the old shed in question was 

necessary due to the damage done by the canal. Mr. Miller is unable to move the new shed 

and wishes to request a variance into the side yard setback to allow the existing shed to 

remain. 


Snook to APPROVE a request for a waiver to Section 18-1505.13 which requires a fee for 

the processing of a Board of Adjustment Application for Ovid (David) Miller. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Mayor Mischler stated that Assistant City Manager/Community Development Administrator 

Shevlin reviewed old aerial photographs that appear to show an existing structure. 

Ovid Miller, 9632 56 th Street, stated when he moved to the property in 1981 there was a shed 

that eventually detioriated which he has replaced. 





R5 RECEIPT OF RESIGNATION FROM CIVIL TRIAL COMMISSION — Rebecca L. 

Hamm 

Rebecca L. Hamm has recently been appointed to the Firefighters’ Pension Board of Trustees 

and has submitted a letter of resignation from the Civil Trial Commission effective January 

13, 2005. Ms. Hamm has been a member of the Civil Trial Commission since September 

2001. 


Butler to ACCEPT with regret, the resignation of Rebecca L. Hamm as an Alternate 

Member of the Civil Trial Commission, effective January 13, 2005. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





ADD ON ITEM 

R6 

RESOLUTION NO. 05-17. A RESOLUTION AMENDING THE CITY PERSONNEL 

AND SAFETY RULES AND REGULATIONS BY AMENDING SECTION 12 

(MISCELLANEOUS RULES), PARAGRAPH 12-12 (ASSIGNMENT AND USE OF 

CITY VEHICLES); PROVIDING THAT DEPARTMENT ADMINISTRATORS MAY 

ASSIGN CITY TAKE-HOME VEHICLES TO CITY EMPLOYEES HIRED BEFORE 

MARCH 1, 2005, AND WHO RESIDE WITHIN THIRTY-FIVE DRIVING MILES 

OF THE PINELLAS PARK CITY LIMITS; PROVIDING THAT DEPARTMENT 

ADMINISTRATORS MAY ASSIGN A CITY TAKE-HOME VEHICLE TO AN 

EMPLOYEE HIRED ON OR AFTER MARCH 1, 2005, PROVIDED THE 

EMPLOYEE RESIDES WITHIN THE BOUNDARIES OF PINELLAS COUNTY, 

FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. 


This Resolution amends the City Personnel and Safety Rules and Regulations adopted by 

City Council on June 24, 1999. 




Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 


Councilwoman Bailey-Snook spoke in opposition to this item, stating this is an extra burden 

for tax payers because of the additional wear and tear on vehicles and cost of gas for 

employees to travel that far. She stated the citizenry expects better than placing this burden 

on them. 




Councilwoman Bradbury spoke in favor of this item stating it is not fair to deny this benefit 

to those living outside the community. She stated neighbors see the vehicle in the driveway 

and know it is someone they can trust. 

Councilwoman Bradbury stated some areas outside of Pinellas County are actually closer so 

35 miles is a fair limit. She stated new applicants will know they must live within Pinellas 

County boundaries to receive take home vehicles. 

Councilman Taylor spoke in favor of this item stating the change would only represent an 

increase of five miles from current policy and employee turnover has been reduced by half 

since this and other changes were implemented. 

Councilman Taylor stated the new Pinellas County mutual aid agreement allows officers to 

provide enforcement for any violation they see whether in their municipality or not. He stated 

a top concern of citizens is red light violations and officers can now assist because take home 

vehicles provide for more officers on the road. 

Councilman Taylor stated vehicles are used as a mobile office to conduct public safety work 

so officers now show a great pride in their vehicles that are now cleaner and lasting longer. 

He stated officers that live in Pinellas Park are the first to receive a vehicle and no personal 

use will be allowed but this policy allows the City to stay competitive with agencies that have 

much more liberal policies. 

Vice-Mayor Butler spoke in favor of this item stating it serves as a tool for hiring officers 

and this would not be a big change in policy but it continues to serve as a creative means to 

employ the best people. 

Vice-Mayor Butler stated this policy is a very important benefit for officers. He stated 

residents like to see the cars in the community and regardless of the location of the vehicle it 

still represents Pinellas Park. 

Mayor Mischler spoke in opposition to this item stating policies of surrounding police 

agencies only allow vehicles to be taken home in Pinellas County or within their City and 

some do not permit take home vehicles at all. He stated he feels this policy encourages 

officers to relocate outside of Pinellas Park and Pinellas County. 

Mayor Mischler stated he would like to see policy that encourages officers to purchase less 

expensive housing inland and the boundaries have got to stop at some point. 

Mayor Mischler spoke opposed to the additional expense of fuel per year, additional miles 

and wear and tear on vehicles, increased risk of traveling additional miles and costs increases 

that will result from increased participation. 




Mayor Mischler presented statistics reflecting the distances to various locations from of 

Pinellas Park boundaries. 

Mayor Mischler requested that Council table this item until a Certified Public Accountant 

can perform a study on the financial impact this policy will have on the taxpayers and then a 

public hearing will be held for citizen input. 

Peter White, 7197 120 th Avenue, stated he would rather see the City assist employees with a 

program for affordable housing within Pinellas County. 

Marshall Cook, 9300 54 th Street, stated he is in favor of a program that provides incentive for 

officers to live in Pinellas Park because he likes to see them in the neighborhoods. 

John Horton, 5270 96 th Terrace, stated if the officers don’t take the vehicles home the cars 

will be used 24 hours per day causing vehicles to be dead lined in two years which is more 

expensive than the officers taking cars home. 

Mayor Mischler stated he does not want to change the current policy but he does not want to 

expand the policy. 

Mr. Horton stated he does not want it to be inferred that money is being saved by not 

allowing the vehicles to be driven 35 miles. 

Cecil Bradbury, 9400 50 th Way, stated there is a bigger outlay of cost when cars are not 

rotated throughout the three shifts and there is more maintenance because the vehicles are 

being driven further. He stated he would like to see a new policy allowing only those living 

in Pinellas Park to take a car home. 

Joe Shelley, 6035 86 th Avenue, stated concerns with the insurance and liability issues 

involved with taking vehicles home, using the vehicle to transport spouses and children and 

wearing out vehicles long before they need to. He stated the best angle would be to provide 

benefits for officers to stay in Pinellas Park. 




MISCELLANEOUS 

NONE 

ADJOURNMENT 

Attest: 

MOTION was made by Councilwoman Bailey-Snook to ADJOURN the meeting, and 

SECONDED by Vice-Mayor Butler. The vote was unanimous, and the meeting adjourned at 

9:20 P.M. 

Attest: 

_____________________________________ 



_____________________________________ 


Mayor 

/cgg 






MINUTES 

February 24, 2005 



PRESENT: 

ABSENT: 






None 

Also present were: City Attorney, James Denhardt – Assistant City Attorney, Christopher 


Administrator, Tom Shevlin - Finance Administrator, Ron Miller – Human Resources Administrator, 

Tom Owens - Community Activities Administrator, Barbara Ponce - Assistant Community Activities 

Administrator, Tim Caddell – Fire Chief, Doug Lewis – Fire Administrative Services Director, Mary 

Ann Salch - Office of Management and Budget Administrator, Dan Katsiyiannis - Assistant 

Economic Development Director, Chuck Webber – MIS Administrator, Randy Linthicum - Public 

Works Administrator, Tom Nicholls – Police Captain, Michael Haworth – Risk Management 

Director, John Moore – Planning Director, Bob Bray - City Clerk, Diane M. Corna, and Deputy City 

Clerk, Christine Gardner. 

INVOCATION was given by Pastor David Priebe, Bay Pines Evangelical Lutheran Church. 



SPECIAL PRESENTATION — PLAQUE 

To Florida Highway Patrol Trooper Daniel A. Cole from Mayor Mischler for his heroic 

actions. 




EMPLOYEE SERVICE AWARD – 20 YEARS 

Bob Bray, Planning Director 


Joel Priebe, Firefighter/Paramedic 

Christopher Riley, Firefighter/EMT 

II. 


Approval of Regular Council Minutes of February 10, 2005, as on file in the City Clerk’s 

Office. 


Butler to APPROVE the Regular Council Minutes of February 10, 2005, as on file in the 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





III. 



P1 





CONTINUED PUBLIC HEARING, FIRST AND FINAL READING 



the property for Phase II of construction to the Melco facility. Staff is recommending the 

vacation be tabled due to the fact that the additional information that is required to 

process the case has not been received. 



Mayor Mischler stated staff and the applicant have requested this item be tabled to the next 

Regular Council Meeting because additional information required to process this case has not 

been received. 


to TABLE Resolution No. 05-02. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P2 

CONSIDERATION OF A REVISION TO A PRELIMINARY SITE PLAN WITH 

WAIVER TO LOCATIONAL DESIGN STANDARD TO REDUCE OR ELIMINATE 

LANDSCAPE BUFFERS ALONG NORTH, SOUTH AND EAST PROPERTY LINES 

FOR A CERTAIN PARCEL OF LAND LOCATED AT 6725 55 TH STREET (MS 2005- 

7 – Barclay Industrial Park/Charles Ross) 

PUBLIC HEARING (Quasi-Judicial) 

When a property is zoned “M-1” Light Industrial and functionally abuts a residential zoning 

district, the Locational Design Standards require landscape and buffering shall be provided in 

accordance with the provisions of Section 18-1512 with the addition of one tree for every 

thirty feet along abutting properties. The applicant is proposing a reduction to or an 

elimination of the required landscape buffers along the north, south, and east property lines. 

Subsequent to the approval of the original site plan, Progress Energy and the Pinellas Park 

Water Management have requested the applicant amend the proposed plan and eliminate or 

reduce the landscaping due to easements on the north, south, and east property lines. Access 

to these areas is required for maintenance of utilities and ditches. Section 18-1506.23 (I) of 

the Land Development Code requires City Council approval of revisions to site plans for 

properties zoned “M-1” Light Industrial abutting or functionally abutting residential zoned 

districts. This site is abutting and functionally abutting such districts. A Public Hearing is 

required when waivers are requested. City Council may require the installation of additional 

buffering in order to reduce or eliminate adverse impact of the proposed use upon the 

adjacent uses and to the area. 


ALL PARTIES SWORN IN PRIOR TO THEIR TESTIMONY. 

Charles Ross, the applicant, provided an overview of this item. 






Butler to APPROVE the revision to a Preliminary Site Plan with a waiver to Locational 

Design Standards to reduce or eliminate landscape buffers along the north, south, and east 

property lines, subject to the following conditions: 

1. That a five feet buffer shall be maintained on the entire southern property 

line. The said buffer shall include a six-feet-high hibiscus hedge. 

2. That the applicant shall plant ten Wax Myrtles, or a suitable alternative, 

around the perimeter of retention pond No. 1. 

3. That the landscape buffer along the northern property line shall be reduced to 

sod only. 

4. That the applicant shall plant five Wax Myrtles, or a suitable alternative, 

around the perimeter of retention pond No. 2. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P3 


CODE), ARTICLE 15 “ZONING” OF THE CODE OF ORDINANCES BY 

AMENDING SECTION 18-1504.4(A)1. “ESTABLISHMENT AND COMPOSITION” 

BY PROVIDING FOR A REPRESENTATIVE FROM THE ARMED FORCES 

RESERVE CENTER/PINELLAS PARK TO BE AN EX-OFFICIO, NONVOTING 

MEMBER. (LDC 2005-3). 


The proposed amendments provide for a representative of the military installation to be an 

ex-officio, nonvoting member representing the Armed Forces Reserve on the Planning and 

Zoning Commission. This amendment is required by Florida Statutes. On January 6, 2005, 

the Planning and Zoning Commission recommended APPROVAL of the proposed 

amendments. 






Snook to PASS Ordinance No. 3311. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






INDUSTRIAL LIMITED (IL) TO INSTITUTIONAL (I) ON A CERTAIN PARCEL 

OF LAND GENERALLY LOCATED NORTH OF 12087 62 nd STREET NORTH. 

(LUPA 2004-6 – Warrior Industrial Park LLC/Tim Johnson Jr.) 




Institutional (I) on approximately 7.00 acres located north of 12087 62 nd Street. The 7.00 

acres parcel of land is proposed to be the future site for Pathways Community Church. The 

future Land Use Plan Map amendment is required because the site exceeds five acres of 

Institutional (I) land use in the Industrial land use category. The applicant is proposing a 

concurrent rezoning from “M-1” Light Industrial to “P” Public, as well as a miscellaneous 

case for the creation of a flag lot, Case No. MS 2005-3. At its meeting on January 6, 2005, 

the Planning and Zoning Commission recommended APPROVAL of the Land Use Plan Map 

Amendment based on the “Responses of Relevant Considerations for Land Use Plan Map 

Amendments.” The Relevant Considerations found that: 


2. The amendment would not adversely affect service levels. The Land Use 

designations to the north, south, and east are Industrial Limited (IL). To the 

west are properties with a Land Use designation of Institutional (I). 

The City Attorney read Ordinance No. 3306 by title only. 

ITEM WITHDRAWN AT THE REQUEST OF THE APPLICANT 




P5 

ORDINANCE NO. 3307. REZONING FROM “M-1” LIGHT INDUSTRIAL TO “P” 

PUBLIC ON A CERTAIN PARCEL OF LAND GENERALLY LOCATED NORTH 

OF 12087 62 ND STREET NORTH. (Z 2004-11 – Warrior Industrial park LLC/Tim 

Johnson Jr.) 



The applicant is proposing a rezoning from “M-1” Light Industrial to “P” Public on 

approximately 7.00 acres located north of 12087 62 nd Street. The 7.00s acre parcel of land is 

proposed to be the future site for Pathways Community Church. The applicant is proposing a 

concurrent Land Use Plan amendment from Industrial Limited (IL) to Institutional (I), as well 

as a miscellaneous case for the creation of a flag lot, Case No. MS 2005-3. At its meeting on 

January 6, 2005, the Planning and Zoning Commission recommended APPROVAL of the 

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

Considerations found that: 


2. The rezoning would not adversely affect the neighborhood. The abutting 

Zoning Districts are: to the north, south and east are “M-1” Light Industrial; 

and to the west “P” Public. 

The City Attorney read Ordinance No. 3307 by title only. 





P6 



NORTH (O’QUINN AX05-8) 




exempt. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P7 



NORTH - (ANCAST INVESTMENTS, LLC- AX05-11) 


This is a voluntary annexation of 2.62 acres MOL of commercial property. First Florida 

Executive Center is located on the site. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





OMB 

P8 ORDINANCE NO. 3308. AMENDING ORDINANCE 3257, ADOPTING THE 



Ordinance No. 3257 is being amended to reflect subsequent expenditures/items approved 

during the year by the City Council. In addition, the amendment also reflects several projects 

that have slipped into FY 04/05 and re-appropriation of excess funds from CIP projects that 

have been completed. For the fiscal year, estimated expenditures have been compared to 

anticipated revenue and actual collections (through 01/31/2005). 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






ITEM C1 WAS MOVED TO THE REGULAR AGENDA 


C3 


CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 12068 68 TH WAY 

NORTH (KATHLEEN A. LYONS AX05-10) 



Owner’s single family home is located on this site. 

C4 


CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 11345 53 rd STREET 

NORTH - (TSE Industries, Inc. – AX05-12) 


This is a voluntary annexation of 1.33 acres MOL of commercial property. The Owner plans 

to use the property for overflow parking and storage 

C5 ORDINANCE NO. 3318. ANNEXING INTO THE CITY OF PINELLAS PARK 

CERTAIN PARCELS OF LAND GENERALLY LOCATED AT 6105 AND 6115 106 TH 

AVENUE NORTH (LELAND AND JERI O’QUINN AX05-13) 



is a mobile home, with improvements, located on each site. 

C6 






is a mobile home, with improvements, located on this site. 




FIRE 

C7 

AWARD OF BID 05/021 – RESURFACING OF APPARATUS FLOOR AT FIRE 

STATION #35 – Sunbelt Holdings, Inc. dba Horizon Surface Systems 

Bids were legally advertised and bid invitations were mailed to 49 prospective bidders. One 

bid was received from Sunbelt Holding, Inc. dba Horizon Surface Systems, 310 Scarlet 

Boulevard, Oldsmar, FL 34677, for $12,850.00. The Fire Department has decided to omit the 

cove base which results in a reduction of $500 for a total adjusted price of $12,350.00. The 

amount budgeted in account 001-224-5-621-08 is $11,500 (page 202 of 2004/2005 Annual 

Budget). The difference of $850 can be absorbed by our existing budget. 

Authorization to award Bid 05/01 for resurfacing of the apparatus floor at Station #35 to 

Sunbelt Holdings, Inc. dba Horizon Surface Systems, Oldsmar, FL in the amount of 

$12,350.00 to be charged to the appropriate account. 


C9 

 

MIS 

AUTHORIZATION FOR THE PURCHASE OF DELL LAPTOPS, MOBILE DATA 

MODEMS AND SOFTWARE - Dell Corp., Motorola, Inc., SHI – Police Department 

Authorization to purchase ten (10) mobile data modems and PMDC software licenses from 

Motorola, Inc. (3195 Tech Drive North, St. Petersburg, FL 33716) at a cost of $35,890.00, 

ten (10) laptop computers from Dell Computer Corporation (One Dell Way, Round Rock, 

TX 78682) under state contract 250-000-03-1 at a cost of $15,660.00, and ten (10) Microsoft 

CAL from SHI (2 Riverview Drive, Somerset, NJ 08873) under state contract 255-001-01-1 

at a cost of $176.00 for a total cost of $51,726.00 To be charged to account 501-212-5-661- 

09 

Authorization to purchase ten (10) mobile data modems and PMDC software licenses from 

Motorola, Inc., ten (10) laptop computers from Dell Computer Corporation and ten (10) 

Microsoft CAL from SHI at a total cost of $51,726.00 to be charged to the appropriate 

accounts. 




POLICE 

C10 RESOLUTION NO. 05-16. LOT MOWING LIENS, PROGRAM #206. 







MOTION was made by Councilwoman Bradbury to Pass, Approve or Adopt, whichever is 

appropriate, Items C3 thru C7 and Items C9 and C10 inclusive, with Items C3 thru C6 and 

C10 being First Reading Prior to Public Hearing and Items C1, C2 and C8 being moved to 

the Regular Agenda and SECONDED by Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





IV. REGULAR AGENDA 


R1-A RESOLUTION NO. 05-20. ENDORSING THE RECOMMENDATIONS FROM 

C1 THE PINELLAS ASSEMBLY PROCESS THAT ARE FOUND TO BE “AREAS OF 

AGREEMENT” LISTED IN EXHIBIT A; PROVIDING FOR AN EFFECTIVE 

DATE. 


The Pinellas Assembly, representing the various communities in Pinellas County, met to 

address seven issues facing the Cities and County. The issues included Annexation 

Policy/Guidelines; City/County Municipal Services Taxing Unit, Division of Costs and 

Revenues; Fire/Emergency Medical Services Structure and Finance; Health Care Services; 

Law Enforcement Structure and Finance; Recreation Structure and Finance; and 

Transportation Integration. The recommendations of the Pinellas Assembly Task Forces 

have been forwarded to the City to determine if the recommendations are acceptable to the 

City Council. This resolution notes that the City endorses the recommendations of the 

Pinellas Assembly Task Force as found in Exhibit “A”. The Administrator of the Office of 

Budget and Management does not support Items One and Two from the Task Force on 

City/County Municipal Services Taxing Unit (MSTU) – Division of Cost and Revenues. Mr. 

Katsiyiannis believes the recommendations in Item One were outside the purview of the 

Task Force and that they should not have been considered. On Item Two, Mr. Katsiyiannis 

believes that the Technical Committee should have been involved with the annual review of 

the MSTU’s allocated to the Sheriff’s Office. Item Three, under Law Enforcement Structure 

and Financing Task Force, a request to the Pinellas County Sheriff’s Office to establish a 

prisoner transport service to move prisoners from agency locations to the county jail is not 

supported by the Police Chief. The Chief has no objections to the County providing the 

service to others, as long as there is no cost to the City. The travel time to the jail for the City 

is so small that there is no advantage for the City to use a prisoner transport service. City 

Administration supports the recommendations as approved by the various Pinellas Assembly 

Task Forces. 





Snook to DENY Resolution No. 05-20 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 


Vice-Mayor Butler stated this is a complicated issue with many items that affect quite a few 

municipal governments and he is not qualified to make a position statement on other 

municipal governments’ understandings with their voters. 

Councilwoman Bailey-Snook stated she agrees with Vice-Mayor Butler and she feels the 

Pinellas Assembly addressed things that were not in their prevue to do. She stated Council 

should not endorse something that could have dire financial impact on other cities and 

communities. 

Councilman Taylor thanked Mayor Mischler for the time and effort he put into this item 

serving as Chairman of the Pinellas County Mayors Council. 

Mayor Mischler stated he is against the motion because there are many items that could have 

been addressed on an individual basis or Council could have come to a medium to work with 

Pinellas County and he thinks some items could have been useful to Pinellas Park. 




R1-B RESOLUTION NO. 05-21. TO AGREE IN CONCEPT TO THE 

C2 RECOMMENDATIONS FROM THE PINELLAS ASSEMBLY PROCESS THAT 

ARE FOUND TO BE “AREAS FOR FURTHER DISCUSSION” LISTED IN 

EXHIBIT A; PROVIDING FOR AN EFFECTIVE DATE. 


The Pinellas Assembly, representing the various communities in Pinellas County, met to 

address seven issues facing the Cities and County. The issues included Annexation 

Policy/Guidelines; City/County Municipal Services Taxing Unit, Division of Costs and 

Revenues; Fire/Emergency Medical Services Structure and Finance; Health Care Services; 

Law Enforcement Structure and Finance; Recreation Structure and Finance; and 

Transportation Integration. The recommendations of the Pinellas County Task Forces have 

been forwarded to the City to determine if the recommendations are acceptable to the City 

Council. This resolution indicates the City agrees, in concept, but further discussion is 

necessary on the issues. 


Snook to DENY Resolution No. 05-21. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 


Vice-Mayor Butler stated there are a few items that would probably be beneficial to the City, 

but putting everything together in one item with time constraints brings him to deny the item. 

He stated these are major decisions that will go on forever. 

Councilwoman Bradbury stated if there had been an opportunity to discuss these items 

individually there would have been several she would have supported, but taking all the 

items as a package is not in the best interest of Pinellas Park and other municipalities; 

therefore she supports the denial. 

Mayor Mischler stated he is opposed to the motion because the Pinellas County Board of 

County Commissioners and the Pinellas County Mayors’ Council have come to an agreement 

on certain areas of consolidation in this item. He stated if this resolution is approved, then it 

allows further discussion on items that were not agreed upon. 





R1-C RESOLUTION NO. 05-22. ESTABLISHES A PROGRAM WHICH PROVIDES 

C8 SHORT TERM DISABILITY BENEFITS FOR ELIGIBLE EMPLOYEES AND 


This Resolution provides for the implementation and administration of a Short Term 

Disability Program under which eligible City employees receive wage replacement benefits 

in accordance with program guidelines when they are unable to work due to a non-work 

related illness or injury. 


Snook to DENY Resolution No. 05-22. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

MOTION DENIED 

Vice-Mayor Butler stated this program allows 180 days disability coverage for physical type 

problems but only allows 90 days coverage for mental illness. He stated he can’t discriminate 

or turn his back on mental health issues. 

Councilwoman Bradbury stated she supports this item because the bargaining units have 

approved this coverage and the City Manager will have the power to extend benefits as 

needed and she has faith in his judgment. 

Mayor Mischler stated staff has recommended mental illness benefits are not extended past 

90 days and will agree to those recommendations. 





to APPROVE Resolution No. 05-22. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 


Vice-Mayor Butler stated as an elected person he will not support this type of discriminatory 

action based upon that fact that mental health issues in America have been overlooked for 

years. 





R1 

CONSIDERATION OF A REQUEST FOR A MINOR AMENDMENT TO AN 

APPROVED MASTER PLAN FOR A “CPUD” COMMERCIAL PLANNED UNIT 

DEVELOPMENT WITH REGARD TO ALTERATIONS TO THE ARRANGEMENT, 

LOCATION AND SIZE OF BUILDINGS AND IMPROVEMENTS AS WELL AS 

SIGNAGE FOR A CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 

7200 US HIGHWAY 19.(PUD 2004-3(R) – Boulder Venture LLC) 

QUASI-JUDICIAL 

City Council approved a Master Plan for the “CPUD” Commercial Planned Unit 

Development on August 12, 2004. The applicant has altered the plan and requests approval 

for a minor amendment to an approved master plan. Many of the changes submitted are in 

response to projected tenants needs. Changes proposed are: building square footages, which 

have increased and decreased equally throughout the project, (Orientation of buildings and 

layouts of improvements have been slightly altered.) signage alterations, dumpster and 

loading dock configuration changes, addition of outdoor seating areas for restaurants, 

addition of drive-thru facilities for the outparcels, and parcel size alterations. Section 18- 

1508(P)2 of the Land Development Code allows changes to the design, arrangement, 

location, size of building, and/or improvements in such a way that the intent of the plan is not 

altered. This request is to be approved by City Council as long as such proposed changes do 

not conflict with Section 18-1508(P)3. The proposed changes do not conflict with the said 

section. 


to APPROVE the adoption of a revised “CPUD” Commercial Planned Unit Development 

Master Plan, based upon the criteria found in Section 18-1508, Land Development Code. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R2 

CONSIDERATION OF A REQUEST FOR A VARIANCE TO THE SUBDIVISION 

CODE FOR THE CREATION OF A FLAG LOT IN THE “RR” RESIDENTIAL 

RURAL ZONING DISTRICT FOR A CERTAIN PARCEL OF LAND GENERALLY 

LOCATED AT 10410 58 TH STREET.(MS 2005-10 – Elizabeth Ramsey Trust/Elizabeth 

Ramsey) 


The property was annexed into the City of Pinellas Park in 2002, Annexation No. AX 2002- 

34, and has recently been developed with a single-family dwelling. The current owner of the 

parcel wishes to create the separate lot for future sale or development. 


to APPROVE a request for a variance to the Subdivision Code for the creation of a flag lot 

in the “RR” Residential Rural Zoning District. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R3 

CONSIDERATION OF A AMENDMENT TO AN APPROVED PRELIMINARY SITE 

PLAN IN THE “M-1” LIGHT INDUSTRIAL ZONING DISTRICT FOR OUTDOOR 

STORAGE, FUNCTIONALLY ABUTTING A RESIDENTIAL USE TO THE EAST. 

FOR A CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 10551 47 TH 

STREET. (MS 2005-9 – Noland Properties/Bricklemyer, Smolker & Bolves, P.A.) 


The applicant currently operates a wholesale distribution center of plumbing supplies and 

PVC pipes. The applicant has requested an amendment to the site plan by adding an outdoor 

storage use for storage of stacked PVC pipes. The outside storage is utilized by the 

applicant’s business. The property abuts residential zoning to the east. Outdoor storage 

shielding requirements have been met. 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 use if the property abuts or functionally abut residential zoning. 

The proposed amendment to the site plan must be reviewed by City Council. City Council 

may require the developer to install additional buffering in order to reduce or eliminate the 

adverse impact of the industrial use. 


Mayor Mischler stated the applicant requested this item be tabled and he would like an 

explanation for this request. 

Attorney Michael Burns, representing the applicant, provided background information and 

documents pertaining to this item. 

Discussion was held on correspondence from the City to the applicant, code enforcement 

citations, regulations for outdoor storage and problems with surrounding neighbors. 

Attorney Michael Brooks stated the property meets the outdoor storage criteria but he can 

present a better site plan. Attorney Brooks stated he would like to meet with staff and the 

surrounding neighbors to find a common ground. 

David Fisher, 4374 Otter Lake Court, provided information on problems with the property 

pertaining to outdoor storage, parking, noise and loading taking place in the back of the 

building and stated if this amendment is approved the problems will be worse. He explained 

problems with employees on this property and the increased noise being experienced. 

Mr. Fisher stated he does not want to meet with Attorney Brooks alone because this issue 

effects all the neighbors and stated no attempt at improvements have been made. He 

requested the noise problems be addressed now if the item is to be tabled. 




Mayor Mischler stated City Council has no jurisdiction over the Code Enforcement Board 

and the item before Council is the approval of a preliminary site plan. 

Mayor Mischler stated Council usually goes with the request of the applicant to give them 

the opportunity to present a revised site plan. 

Vice-Mayor Butler stated Attorney Brooks should address the problems with the noise on the 

property. 

Attorney Brooks stated he has contacted the corporate offices and requested that any heckling 

and talking over the fence is stopped immediately. Attorney Brooks stated there are a number 

of recommended conditions for the new site plan and he hopes to find a way for the 

residential and industrial uses to live together. 

Attorney Brooks stated he fully intends to bring back a better site plan and operations scheme 

for this property at the next meeting. Attorney Brooks stated his client is proposing to move 

the roll up door to the north side of the building and look at minimizing the storage items. 

Discussion was held on the parking area. 

Attorney Denhardt stated this is a quasi-judicial item in the process so all discussion will 

have to take place at the next Regular Council Meeting. 


to TABLE the Preliminary Site Plan for the proposed outdoor storage use generally located 

at 10551 47 th Street 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


City Attorney Denhardt stated this item is quasi-judicial therefore Councilmembers should 

not visit the site. 




City Attorney Denhardt stated that if the applicant or the surrounding residents contact 

Councilmembers they really should not be discussing this item with anyone until the March 

10, 2005, Regular Council Meeting. Attorney Denhardt stated he appreciates the concerns of 

the neighbors but Councilmembers cannot have direct contact with them at this time. 

Councilwoman Bailey-Snook asked if Code Enforcement can go to the property to determine 

if there is harassment with honking of horns at 7:00 a.m.? 

City Attorney Denhardt stated any Code Compliance complaints will continue. 

R4 

CONSIDERATION OF A REQUEST FOR A VARIANCE TO THE SUBDIVISION 

CODE FOR THE CREATION OF A FLAG LOT IN THE “M-1” LIGHT 

INDUSTRIAL ZONING DISTRICT FOR A CERTAIN PARCEL OF LAND 

GENERALLY LOCATED AT 12151 62 ND STREET(MS 2005-3 – Warrior Industrial 

Park LLC/Timothy Johnson) 

This parcel was annexed into the City of Pinellas Park in 1986, Annexation No. AX 1985-24, 

and is undeveloped. Concurrent applications for a Land Use Plan Map Amendment and 

Rezoning are currently being reviewed by the Zoning Division for a seven-acre lot under the 

flag. The current owner of the parcel wishes to sell the seven-acre portion of the entire 

twenty-three acre parcel, which has created the necessity to separate the parcels and the 

subsequent creation of the flag lot. The proposed owner of the lot under the flag wishes to 

utilize the property for construction of a church. 





R5 


KATHLEEN A. LYONS (AX05-10) — Annexation of 0.14 acres MOL located at 12068 

68 th Way North 


Owner’s single family residence is located on this site. 

Kathleen A. Lyons 

12068 68 th Way North 

Largo, FL 33773-3331 


Annual 

Revenue 


Expended 


Waived 




to APPROVE the voluntary annexation of 0.14 acres MOL of property owned by Kathleen 

A. Lyons and located at 12068 68 th Way North 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R6 


AGREEMENT WITH TSE INDUSTRIES, INC. (AX05-12) — Annexation of 1.30 

acres MOL located at 11345 53 rd Street North 


Owner plans to use the property for overflow parking and storage. 

TSE Industries, Inc. 


11345 53 rd Street North Annual Revenue Expended Waived 


2-Year Projected Total $25,735.22 $1,000.00 


Waive land development, plans review, and permit fees for 24 months 

($1,000.00) 

Impervious lot coverage not to exceed 79% of the Property. (City code is 75%, 

County allows 85%) 


to APPROVE authorization for Mayor to sign a voluntary Annexation Agreement with TSE 

Industries for annexation of 1.30 acres MOL of contiguous commercial property located at 

11345 53 rd Street North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R7 


LELAND O’QUINN AND JERI O’QUINN (AX05-13) — Annexation of 0.28 acres 

MOL located at 6105 and 6115 106 th Avenue North 


is a mobile home, with improvements, located on each site. 

Leland O’Quinn and 

Jeri O’Quinn 

6105 and 6115 106 th Avenue N. 

City Projected City Funds 

Annual Revenue Expended 




Waived 


to APPROVE the voluntary annexation of 0.28 acres MOL of property owned by Leland 

O’Quinn and Jeri O’Quinn and located at 6105 and 6115 106 th Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R8 


LEANNE M. ALMYDA AND DORIS J. O’QUINN (AX05-14) — Annexation of 0.14 

acres MOL located at 6121 106 th Avenue North 



Leanne M. Almyda and 

Doris J. O’Quinn 







Waived 


to APPROVE the voluntary annexation of 0.14 acres MOL of property owned by Leanne M. 

Almyda and Doris J. O’Quinn and located at 6121 106 th Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R9 

AUTHORIZATION FOR THE CITY MANAGER TO RENEW AN EXPIRED TWO- 

YEAR RESIDENT OFFICER LEASE AGREEMENT — For City-owned property 

located at Youth Park, 4100 66 th Avenue North 

The Resident Officer Lease with Rene Verschneider at Pinellas Park’s Youth Park expired 

November 4, 2004. At the City Council Workshop on May 25, 2004, City Council decreed 

that future residents of the City’s Parks must be active, full-time employees of the City and 

that all current “Resident Officer” leases would be honored for the remaining term of the 

lease but not be renegotiated unless the occupant is an active, full-time employee of the City. 

Ms. Verschneider vacated the property November, 2004. The Economic Development 

Division has since sent out two flyers with employee paychecks seeking interested parties. 

Upon request, the Economic Development Division has distributed four application packages 

but has not received any completed applications for consideration. Ms. Verschneider, a 

Pinellas County Deputy Sheriff, has not been able to sell the mobile home that is located on 

the property and is interested in renegotiating her lease to remain on the property. 

ITEM R9 WITHDRAWN AT THE REQUEST OF STAFF 

POLICE 

R10 CONSIDERATION FOR A SPECIAL HEARING MASTER LIEN ELIMINATION – 

For Laura Hearn 

Laura Hearn is requesting an elimination of the lien against her. The current outstanding lien 

is $2,500. After careful review of the case, the Special Hearing Master recommends an 

elimination of this lien. 


to APPROVE the Special Hearing Master lien elimination request against Laura Hearn. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





CITY MANAGER 

R11 

APPOINTMENT OF ASSISTANT CITY ATTORNEY 

Pursuant to the City Charter, Section CC-504, an Assistant City Attorney will need to be 

appointed by City Council. 


Butler to APPROVE appointment of Chris Hammonds to serve as Assistant City Attorney at 

the pleasure of City Council. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


MISCELLANEOUS 

M1 

MARSHALL MORRIS 

Mayor Mischler introduced Marshall Morris who has been the Brighthouse Production 

Supervisor for seven years for Channel 15. He stated this is Marshall’s last night and thanked 

him for his expertise and work bringing Channel 15 to the resident’s homes. 

Mr. Morris stated his work in Pinellas Park has been a great part of his life and thanked 

Council. 




ADJOURNMENT 


Attest: 

_____________________________________ 



_____________________________________ 


Mayor 

/cgg 






MINUTES 

March 10, 2005 



PRESENT: 

ABSENT: 






None 

Also present were: Assistant City Attorney, Christopher Hammonds – City Manager, Michael 

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

Administrator, Ron Miller – Community Activities Administrator, Barbara Ponce – Police Chief, 

Dorene Thomas - Zoning Coordinator, Joe Aukstikalnis - Assistant Community Activities 

Administrator, Tim Caddell – Planning Director, Robert Bray – MIS Administrator, Randy 

Linthicum - Public Works Administrator, Tom Nicholls – Fire Administrative Services Director, 

MaryAnn Salch - Police Captain, Michael Haworth – Interim Maintenance Director, Tom Pezone – 

Purchasing Director, Bill Santhouse – MIS Technology Director, Dan Speaker - Risk Management 

Director, John Moore - Parks/Recreation Director, Joel Garren – Office of Management and Budget 

Administrator, Dan Katsiyiannis – Fire Chief, Doug Lewis - City Clerk, Diane M. Corna, and Deputy 

City Clerk, Christine Gardner. 




EMPLOYEE OF THE YEAR 

Police Sergeant, Paul Andrews 

SPECIAL PRESENTATION 

Kiwanis Representative Doug Parker and Mayor Mischler presented a trophy to 4-year 

old Tanner Hayes for First Place at the Annual Kiwanis Fishing Derby at Freedom 

Lake Park. 



MARCH 10, 2005

SELECTION OF VICE-MAYOR AND OATH OF OFFICE 

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

APPROVE selection of Councilwoman Bailey-Snook to serve as Vice-Mayor with term to 

run from March 13, 2005 through March 10, 2006. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


II. 


Approval of Regular Council Minutes of February 24, 2005 as on file in the City Clerk’s 

Office. 


Butler to APPROVE the Regular Council Minutes of February 24, 2005, as on file in the 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





III. 



P1 


CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 12068 68 TH WAY 

NORTH (KATHLEEN A. LYONS AX05-10) 



Owner’s single family home is located on this site. 





MOTION was made by Councilman Taylor and SECONDED by Councilwoman Bradbury 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P2 


CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 11345 53 rd STREET 

NORTH - (TSE Industries, Inc. – AX05-12) 


This is a voluntary annexation of 1.33 acres MOL of commercial property. The Owner plans 

to use the property for overflow parking and storage 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P3 


CERTAIN PARCELS OF LAND GENERALLY LOCATED AT 6105 AND 6115 106 TH 

AVENUE NORTH (LELAND AND JERI O’QUINN AX05-13) 


This is a voluntary annexation of 0.28 acres MOL of contiguous residential property. There is 

a mobile home, with improvements, located on each site. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P4 














Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P5 








the property for Phase II of construction to the Melco facility. Caledisi Construction 

Company is recommending the vacation be tabled until the first City Council meeting 

in April. 

ITEM WITHDRAWN PER APPLICANT’S REQUEST 




P6 

CONSIDERATION OF AN AMENDMENT TO AN APPROVED CONDITIONAL 

USE TO ALLOW A “SHOPPING CENTER” AND “DRIVE-THRU RESTAURANT 

OR DRIVE-THRU BANK” IN THE “B-1” GENERAL COMMERCIAL ZONING 

DISTRICT WITH A WAIVER TO LANDSCAPE REQUIREMENTS ALONG THE 

WESTERN PROPERTY LINE FOR A CERTAIN PARCEL OF LAND GENERALLY 

LOCATED ON U.S. HWY. 19 NORTH BETWEEN 78 TH AVENUE AND 80 TH 

AVENUE (7890 U.S. HWY 19 NORTH). (CU 2005-1 Richard Cook, U.S., Inc.) 

PUBLIC HEARING (Quasi Judicial) 

The applicant is requesting an amendment to an existing Conditional Use approval to 

establish a shopping center with drive-thru facilities. The previous Conditional Use was 

approved with a drive-thru restaurant. The applicant is now requesting the ability to develop 

his choice of a drive-thru restaurant or a drive–thru financial institution. At buildout, the 

project is expected to have 35,496 square foot of retail space, two sit-down restaurants and 

either a drive thru restaurant or bank. Surrounding land uses are: to the north, Bay Area 

Auction and Antique Mall; to the south, single and multifamily dwellings; to the east Green 

Olive Lounge and Wal-Mart; and to the west, Skyview Church. The proposal appears to be 

consistent with the Comprehensive Plan and has no adverse effect on adopted levels of 

service for City infrastructure. At their meeting of February 3, 2005, the Planning and Zoning 

Commission recommended APPROVAL of the proposal. 



Councilwoman Bailey-Snook stated she would prefer a bank because it isn’t open late hours. 

She stated some drive-thru restaurants are open all night and she would consider that an 

intrusion into the residential neighborhood. 

Mayor Mischler stated he believes the amendment would be near U.S. Highway 19 and not 

near the back of the shopping center. 

Councilwoman Bailey-Snook stated if it is a drive-thru restaurant she does not want to 

reduce the eight foot requirement for landscaping buffer. 

Richard Cook, 128 Sands Point Drive, Tierra Verde, stated he is the property owner and his 

preference as a developer is for a financial institution but there are many financial institutions 

opening in Pinellas Park. 

Mr. Cook, 128 Sands Point Drive, provided information on this item and the surrounding 

properties. 

Councilman Taylor stated the proposed parking will be beneficial to future tenants and for 

those traveling through. 






to APPROVE a request to approve a Conditional Use Master Plan for property generally 

located on U.S. Hwy. 19 North between 78 th Avenue and 80 th Avenue (7890 U.S. Hwy. 19 

North) for a “shopping center” and “drive-thru restaurant or bank” in the “B-1” General 

Commercial Zoning District with a waiver to landscape buffer requirements along the 

western property line from eight feet to five feet. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 


Councilwoman Bailey-Snook stated she cannot vote for this item without knowing whether 

this will be a restaurant or a financial institute and if it is a drive-thru restaurant she would 

like to keep the eight foot landscape buffer. 

Councilwoman Bradbury commended the design that makes it less appealing for people to 

drive straight thru the property to get to the traffic light. 

Mayor Mischler stated if this was abutting a residential area immediately to the west he 

would have great concerns with the landscape buffer reduction but this is significantly far 

away from the residential area. 




P7 

CONSIDERATION OF A REQUEST TO AMEND AN APPROVED CONDITIONAL 

USE TO ESTABLISH AN “AUTOMOBILE DEALER, NEW AND USED CARS 

(LIMITED TO AUTOMOBILES, VANS, AND LIGHT TRUCKS)" IN THE “CH” 

HEAVY COMMERCIAL ZONING DISTRICT ON A CERTAIN PARCEL OF 

PROPERTY LOCATED AT 3333 GANDY BOULEVARD(CU 2005-3 – LaSalle Realty 

LLC/Suncoast Auto Builders, Inc.) 


The applicant is requesting an amendment to an existing Conditional Use approval to 

reconstruct the Hummer sales office for a property generally located at 3333 Gandy 

Boulevard. The existing sales office, while being only two years old, does not match the 

architectural style imposed by Hummer. The existing building will be torn down and 

replaced with an office specifically designed for Hummer sales. The only significant change 

on the site will be the square footage of the new building, which will increase by 1,580 

square feet. The remainder of the dealership will remain unchanged. On February 3, 2005, 

the Planning and Zoning Commission recommended APPROVAL of the Conditional Use, 

subject to one condition. 


ALL PARTES WERE SWORN IN PRIOR TO THEIR TESTIMONY 

Steve Antoinelle representing Suncoast Auto Builders, 4725 Cove Circle, Maderia Beach, 

provided information on this item. 






Snook to APPROVE an amendment to the Conditional Use Master Plan for property 

generally located at 3333 Gandy Boulevard for an “automobile dealership, new and used 

cars” based on the factors identified in Sections 18-1509.4(B) of the Land Development 

Code and subject to the following conditions: 

1. All previous conditions to remain in full force and effect. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Councilwoman Bradbury stated the rendering is nice, the facility is beautiful and does hope 

that one day it will be advertised as Dew Cadillac of Pinellas Park. 





INDUSTRIAL LIMITED (IL) TO RESIDENTIAL MEDIUM (RM) ON A CERTAIN 

PARCEL OF LAND GENERALLY LOCATED AT 12200 BELCHER ROAD. (LUPA 

2005-1 – David Tomczak/Cliff Davis) 

FIRST PUBLIC HEARING PRIOR TO SECOND PUBLIC HEARING 

(July 14, 2005, Second Public Hearing) 


Residential Medium (RM) on approximately 4.676 acres located at 12200 Belcher Road for 

the proposed development of townhomes. Concurrently, the applicant is proposing a 

rezoning from “M-1” Light Industrial and “CH” Heavy Commercial to “R-5” Multifamily 

Residential. At its meeting on February 3, 2005, the Planning and Zoning Commission 

recommended APPROVAL of the Land Use Plan Map Amendment with one condition, that 

there be a wall on the western property line, based on the “Responses of Relevant 

Considerations for Land Use Plan Map Amendments.” The Relevant Considerations found 

that: 



The Land Use designations to the north and east are Industrial Limited (IL). To the south are 

properties with a Land Use designation of Institutional (I). To the west are properties with a 

Land Use designation of Residential Low (RL). 



Cliff Davis, Florida First Development President, 4437 Park Boulevard, stated there will be 

approximately 70 townhomes on this property. 

Peter McKarsky, 7942 Somerset Drive, stated he represents the homes just to the west of the 

property and they are in favor of the rezoning. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





POLICE 















Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 







C1 

AUTHORIZATION FOR PURCHASE OF CONCESSION BUILDINGS – Precast 

Concrete Products, 4451 8th Avenue South, St. Petersburg 33711 

This authorizes the Parks and Recreation Division to purchase two (2) concession buildings 

for Davis Field Complex, under GSA Contract #GS-07F-0617N at a cost of $31,000 from 

Precast Concrete Products (4451 8th Avenue South, St. Petersburg, FL 33711). The budgeted 

amount for Account 301-781-5-789-30 is $32,000. 

Authorization to purchase two (2) concession buildings from Precast Concrete (St. 

Petersburg, FL) at a total cost of $31,000 to be charged to the appropriate account. 

PUBLIC WORKS 

C2 

AWARD OF BID 05/006 – RE-ROOFING OF CITY HALL — Anderson & Shah 

Roofing, Inc. 

Bids were legally advertised and bid invitations were mailed to 363 prospective bidders. 

Five (5) bids were received with Anderson & Shah Roofing Inc. (6456 123 rd Avenue, Largo, 

FL 33773) being the low bidder with a bid submittal of $81,000. The amount budgeted for 

this project is $89,525 (pg. 443 of the FY 04/05 adopted budget). This project will be 

charged to account 301-175-5-736-67. 

Authorization to award Bid 05/006 for the 2004/2005 re-roofing of City Hall to Anderson & 

Shah Roofing, Inc., in Largo, FL, in the amount of $81,000 to be charged to the appropriate 

account. 




NORTH - (Barbara A. Kerner Trust - AX05-6) 


This is a voluntary annexation of 0.31 acres MOL of commercial property. Krauss Company 

of Florida is located on the site. 




C4 



NORTH (PARKER, BETTY J. AND O’QUINN, JERI AX05-17) 




C5 

ORDINANCE NO. 3323 . ANNEXING INTO THE CITY OF PINELLAS PARK A 


NORTH (MARY E. MATTINGLY AX05-18) 




C6 



NORTH (PARKER, BETTY J. AND O’QUINN, JERI AX03-44) 








INDUSTRIAL LIMITED (IL) TO COMMERCIAL GENERAL (CG) ON A CERTAIN 

PARCEL OF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER 

OF ULMERTON ROAD AND 40 TH STREET. (LUPA 2005-2 – P.B. Realty/ Timothy A. 

Johnson) 


(March 24, 2005, Public Hearing) 


Commercial General (CG) on approximately 4.61 acres generally located at the southwest 

corner of Ulmerton Road and 40 th Street to facilitate development of the site with a hotel. 

The Future Land Use Plan Map amendment is required when the use combined with abutting 

and functionally abutting uses exceeds five acres of allowed General Commercial (CG) land 

uses in the Industrial Limited (IL) land use category. This parcel was annexed into the City of 

Pinellas Park in 2003. At its meeting on February 3, 2005, the Planning and Zoning 






The Land Use designations to the north and east is Commercial General (CG). To the south 

and west are properties with a Land Use designation of Institutional Limited (IL). 

C8 

ORDINANCE NO. 3313. REZONING FROM “M-1” LIGHT INDUSTRIAL AND 

“CH” HEAVY COMMERCIAL TO “R-5” MULTIFAMILY RESIDENTIAL ON A 

CERTAIN PARCEL OF LAND LOCATED AT 12200 BELCHER ROAD. (Z 2005-1 – 

David Tomczak/Cliff Davis) 


(PUBLIC HEARING March 24, 2005 – QUASI-JUDICIAL) 

The applicant is proposing a rezoning from “M-1” Light Industrial and “CH” Heavy 

Commercial to “R-5” Multifamily Residential on approximately 4.676 acres located at 12200 

Belcher Road for the proposed development of townhomes. Concurrently, the applicant is 

proposing a Land Use Plan Map amendment from Industrial Limited (IL) to Residential 

Medium (RM). At its meeting on February 3, 2005, the Planning and Zoning Commission 

recommended APPROVAL of the Land Use Plan Map Amendment with one condition, that 

there be a wall on the western property line, based on the “Responses of Relevant 

Considerations for Rezoning.” The Relevant Considerations found that: 

1. The rezoning is consistent with the policies of the Comprehensive Plan Policies. 


The abutting Zoning Districts are: to the north “C-3” (County); to the south “P” Public; to the 

east “M-1” Light Industrial; and to the west “R-3” (County). 




C9 ORDINANCE NO. 3315. ADOPTING A REVISED MASTER PLAN AND 

DEVELOPMENT STANDARDS FOR A “PUD” (PLANNED UNIT 

DEVELOPMENT), FOR CERTAIN PARCELS OF LAND BEING 3.64 AND 4.13 

ACRES, GENERALLY LOCATED BETWEEN PARK BOULEVARD AND 70 TH 

AVENUE, AND BETWEEN US HIGHWAY 19 NORTH AND 41 ST STREET AND A 

PARCEL GENERALLY LOCATED BETWEEN 70 TH AVENUE AND 68 TH AVENUE 

AND BETWEEN 40 TH STREET AND 41 ST STREET NORTH. (PUD 2004-3(R)2/CU 

2005-5/BOA 2005-5 – Boulder Venture LLC/Gary Boucher) 


(PUBLIC HEARING – March 24, 2005 QUASI JUDICIAL) 

The original Master Plan for the “Shoppes at Park Place” was approved on August 12, 2004 

(PUD 2004-3/CU 2004-13/BOA 2004-21), with subsequent approval for 124 Multifamily 

dwellings (townhomes) for parcels 200 and 300. This application serves as a Major 

Amendment to the PUD as well as an amendment to the Conditional Use by providing 

development plans for those parcels. Proposed are 106 townhomes, with 48 townhomes in 

the northern development and 58 townhomes in the southern. The applicant has also 

requested waivers and variances for construction of interior interconnecting sidewalks and an 

on site meeting hall for the Homeowners Association. The Planning and Zoning 

Commission, at its meeting on March 3, 2005, recommended Approval of the new Master 

Plan, subject to the following conditions: 

1. The developer shall locate and arrange for a meeting hall for the 

homeowner’s association. 

2. The PUD Master Plans shall be reviewed by the Planning and Zoning 

Commission and approved by City Council prior to the issuance of any 

building permits permitting development on these parcels. 

3. A solid masonry wall six feet in height, or a suitable alternative buffering 

device, such as a berm, shall be required between the commercial 

developments, shopping center, Home Depot, and this development. 

PURCHASING 

C10 AUTHORIZATION TO PURCHASE UNDER PINELLAS COUNTY CONTRACT – 

FUEL 

Due to the high price of fuel, City fuel purchases during the last year have exceeded $10,000 

per delivery and will likely continue to occur. With City Council approval, Purchasing will 

continue to buy fuel from the Pinellas County Contract #034-81-B at the prevailing rates 

during the upcoming year. 

Authorization for Purchasing to buy fuel the next two years at the prevailing rates of the 

Pinellas County Contract. 




MIS 

C11 AUTHORIZATION FOR THE PURCHASE OF CISCO NETWORK 

INFRASTRUCTURE HARDWARE AND SUPPORT SERVICES CompServe Inc. 

Authorization to purchase Cisco network hardware and support services from CompServ Inc 

(2325 Ulmerton Rd, Suite 16, Clearwater, Fl 33762) under state contract 250-000-03-1 at a 

cost of $332, 247.09. To be charged to account 501-851-5-621-08 

Authorization to purchase Cisco network hardware and maintains from CompServ Inc at a 

cost of $332,247.09. To be charged appropriate account 

CITY MANAGER 

C12 ORDINANCE NO. 3320. AN ORDINANCE PROVIDING FOR THE 

REORGANIZATION OF THE COMMUNITY DEVELOPMENT DEPARTMENT BY 

ABOLISHING THE ECONOMIC DEVELOPMENT DIVISION AND THE 

PLANNING DIVISION AS ADMINISTRATIVE DIVISIONS SUBJECT TO THE 

ADMINISTRATIVE SUPERVISION AND CONTROL OF THE COMMUNITY 

DEVELOPMENT ADMINISTRATOR; ESTABLISHING THE COMMUNITY 

PLANNING DIVISION AS AN ADMINISTRATIVE DIVISION SUBJECT TO THE 


DEVELOPMENT ADMINISTRATOR; RENAMING THE BUSINESS AND 

NEIGHBORHOOD DEVELOPMENT DIVISION AS THE BUSINESS AND 

NEIGHBORHOOD SERVICES DIVISION; PROVIDING FOR REPEAL OF 

ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO 

THE EXTENT OF SUCH CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. 


Effective March 2, 2005, the City Manager, in accordance with Section 2-106, City Code of 

Ordinances, reassigned the duties and responsibilities of the Economic Development 

Division to the Planning Division. The proposed ordinance will formalize this 

reorganization by merging the Economic Development Division and the Planning Division to 

establish the Community Planning Division. Further, the ordinance renames the Business 

and Neighborhood Development Division as the Business and Neighborhood Services 

Division. 





appropriate, Items C1 thru C12 inclusive, with Items C3 thru C9 and Item C12 being First 

Reading Prior to Public Hearing, and SECONDED by Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Councilman Taylor stated Parks/Recreation Director Garren works hard to keep the 

recreation facilities well serviced and these concession stands are really needed at Davis 

Field. 

Councilwoman Bailey-Snook asked how much the City is paying per gallon for fuel in Item 

C10. 

Purchasing Director Santhouse stated the price is not fixed because it is based on a certain 

rate with added taxes and it fluctuates. He stated the City pays $ .25 cents less per gallon than 

diesel or regular fuel would cost at the pump. 

Discussion was held on fuel taxes the City pays and the refunds that are returned for some of 

those taxes. 





POLICE 

R1 

APPOINTMENT TO CODE ENFORCEMENT BOARD 

The Code Enforcement Board has had a vacancy since, October 2004. At their meeting on 

February 17, 2005, the Code Enforcement Board recommended that City Council consider 

Robert Detweiler for appointment. The term for this position will expire December 2005. 


to APPROVE the appointment to the Code Enforcement Board of Robert Detweiler with 

term to expire December 2005. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






R2 

CONSIDERATION OF A AMENDMENT TO AN APPROVED PRELIMINARY SITE 

PLAN IN THE “M-1” LIGHT INDUSTRIAL ZONING DISTRICT FOR OUTDOOR 

STORAGE, FUNCTIONALLY ABUTTING A RESIDENTIAL USE TO THE EAST 

FOR A CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 10551 47 TH 

STREET. (MS 2005-9 – Noland Properties/Bricklemyer, Smolker & Bolves, P.A.) 













Zoning Coordinator Aukstikalnis gave a presentation on the site plan. 

Assistant City Manager/Community Development Administrator Shevlin provided a history 

on both the site development and the zoning code that is pertinent to this property. 

Planning Director Bray provided information on the comprehensive plan policies that are 

pertinent to this site. 

Mayor Mischler stated he understands that at no time was it permitted for outdoor storage at 

this facility since March 1993. 

Assistant City Manager/Community Development Administrator Shevlin stated that is 

correct. 

Assistant City Attorney Hammonds stated attorneys make argument but don’t present 

evidence therefore Attorney Brooks does not need to be sworn in. 

Attorney Michael Brooks, representing Noland Properties, stated the site plan has been 

revised based upon a meeting held with some of the neighboring residents and explained the 

proposed revisions. 




Mayor Mischler stated his particular problem is with the storage of the pipes on the east side 

of the property because sound travels with the movement of the pipes. He stated concern with 

the health, safety and welfare of the senior citizen residents abutting the property. 

Discussion was held on parking space requirements for the site. 

David Fisher, 4374 Otter Court, provided information on the meeting held between Noland 

representatives, the neighbors and him pertaining to this property. Mr. Fisher explained 

discrepancies on issues agreed upon during that meeting to the proposed revisions to the site 

plan that have now been presented. 

Mr. Fisher stated his concern with pipes still being stacked in the back of the property and 

work beginning before 8:00 a.m. 

Discussion was held on alternatives for outdoor storage on the site. 

June Bredehoft, Lakes Homeowner’s Association President, stated it would be remiss not to 

take into consideration the impact this is having on Mr. Fisher and she does not believe 

Noland Corporation is going to change what they are doing. 

Joe Shelley, 6035 86 th Avenue, asked what the monetary value of the code enforcement 

penalties on this property are? 

Assistant City Attorney Hammonds stated the only thing being addressed at this hearing is 

the preliminary site plan and code enforcement issues cannot be addressed by Council. 

Mr. Shelley spoke in opposition to this item. 

Attorney Brooks provided alternatives for material storage, parking and operational hours. 

Attorney Brooks stated he believes the applicant has far exceeded the criteria for the Land 

Development Code and the Comprehensive Plan. 

Vice-Mayor Butler suggested developing fenced outdoor storage in the front of the building. 

Discussion was held on creating fenced outdoor storage in the front of the building. 

Mayor Mischler stated if Attorney Brooks requests this item be tabled, it does not ensure 

future Council approval. 

Councilman Taylor stated concern with storage in the rear of the building, parking spaces, 

operational hours and stated he wants to see a site plan. 

Discussion was held on indoor and outdoor material storage, loading docks and parking 

spaces. 




Attorney Brooks stated he is willing to request this item is tabled for two more weeks. 


Snook to TABLE the Preliminary Site Plan for the proposed outdoor storage use generally 

located at 10551 47 th Street. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R3 


BETTY J. PARKER AND JERI L. O’QUINN (AX05-17) — Annexation of 0.14 acres 

MOL located at 6076 106 th Avenue North 



Betty J. Parker and 

Jeri L. O’Quinn 







Waived 



Betty J. Parker and Jeri L. O’Quinn and located at 6076 106 th Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R4 


MARY E. MATTINGLY (AX05-18) — Annexation of 0.14 acres MOL located at 6098 




Mary E. Mattingly 






Butler to APPROVE the voluntary annexation of 0.14 acres MOL of property owned by 

Mary E. Mattingly and located at 6098 109 th Terrace North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R5 


BETTY J. PARKER AND JERI O’QUINN (AX03-44) — Annexation of 0.14 acres 

MOL located at 6051 109 th Terrace North 


mobile home, with improvements, is located on this site. The property does not have a 

homestead exemption. 


Jeri O’Quinn 

6051 109 th Terrace North 






Waived 



Betty J. Parker and Jeri O’Quinn and located at 6051 109 th Terrace North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R6 


BARBARA A. KERNER TRUST (AX05-06) — Annexation of 0.31 acres MOL located 

at 6110 126 th Avenue North 


Krauss Company of Florida is located on this site. 

Barbara A. Kerner Trust City Projected City Funds City Fees 





to APPROVE the voluntary annexation of 0.31 acres MOL of contiguous commercial 

property owned by Barbara A. Kerner Trust and located at 6110 126 th Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





MISCELLANEOUS 

M1 

CASUAL ATTIRE 

Vice-Mayor Butler apologized for his casual attire due to emergencies with two of his friends 

prior to the Council Meeting. 

M2 

EVENTS 

City Manager Gustafson stated the Chili Blaze will be Friday, March 18, 2005, Country in 

the Park Saturday, March 19, 2005 and a Car Show Sunday, March 20, 2005. All events will 

be held at the England Brothers Band Shell. 

Mayor Mischler requested that citizens watch Channel 15 for information on upcoming City 

events. 

M3 

MAINLANDS UNIT III 

Councilwoman Bradbury thanked residents of Mainlands Unit III for inviting City Council 

and staff to a Town Hall Meeting. 

ADJOURNMENT 


Attest: 

_____________________________________ 



_____________________________________ 


Mayor 

/cgg 






MINUTES 

March 24, 2005 



PRESENT: 

ABSENT: 



Councilman, Rick Butler 


Vice-Mayor Patricia L. Bailey-Snook 

Also present were: City Attorney, James Denhardt - Assistant City Attorney, Christopher Hammonds 

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

Administrator, Ron Miller – Building Development Services Supervisor, Steve Lee - Human 

Resources Administrator, Tom Owens - Police Chief, Dorene Thomas - Staff Assistant, Kelly 

Haworth - Police Sergeant, Anthony Motley - Community Planning Director, Robert Bray - Zoning 

Coordinator, Joe Aukstikalnis - Administrative Clerk, Pam Martin - Assistant Community Activities 

Administrator, Tim Caddell – Assistant Community Development Administrator, Patrick Murphy – 

MIS Administrator, Randy Linthicum - Public Works Administrator, Tom Nicholls – Police Captain, 

Michael Haworth – City Clerk, Diane M. Corna, and Staff Assistant, Rachel Giovannetti. 

INVOCATION was given by Councilman Taylor. 




Marc Barbieri, Firefighter/EMT 




II. 


Approval of Regular Council Minutes of March 10, 2005, as on file in the City Clerk’s 

Office. 


to APPROVE the Regular Council Minutes of March 10, 2005, as on file in the City Clerk’s 

Office. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 

Vice-Mayor, Patricia L. Bailey- Snook 

None 





III. 




INDUSTRIAL LIMITED (IL) TO COMMERCIAL GENERAL (CG) ON A CERTAIN 


OF ULMERTON ROAD AND 40 TH STREET. (LUPA 2005-2 – P.B. Realty/ Timothy A. 

Johnson) 



Commercial General (CG) on approximately 4.61 acres generally located at the southwest 

corner of Ulmerton Road and 40 th Street to facilitate development of the site with a hotel. 

The Future Land Use Plan Map amendment is required when the use combined with abutting 

and functionally abutting uses exceeds five acres of allowed General Commercial (CG) land 

uses in the Industrial Limited (IL) land use category. This parcel was annexed into the City of 

Pinellas Park in 2003. At its meeting on February 3, 2005, the Planning and Zoning 






The Land Use designation to the north and east is Commercial General (CG). To the south 

and west are properties with a Land Use designation of Institutional Limited (IL). 



Troy Purdue, 911 Chestnut Street, Clearwater, provided an overview on this Item. 

Councilman Taylor stated this is a good fit for the area. 

Mayor Mischler agreed with Councilman Taylor. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 

Vice-Mayor, Patricia L. Bailey-Snook 

None 





P2 ORDINANCE NO. 3315. ADOPTING A REVISED MASTER PLAN AND 

DEVELOPMENT STANDARDS FOR A “PUD” (PLANNED UNIT 

DEVELOPMENT), FOR CERTAIN PARCELS OF LAND BEING 3.64 AND 4.13 

ACRES, GENERALLY LOCATED BETWEEN PARK BOULEVARD AND 70 TH 

AVENUE, AND BETWEEN US HIGHWAY 19 NORTH AND 41 ST STREET AND A 

PARCEL GENERALLY LOCATED BETWEEN 70 TH AVENUE AND 68 TH AVENUE 

AND BETWEEN 40 TH STREET AND 41 ST STREET NORTH. (PUD 2004-3(R) 2/CU 

2005-5/BOA 2005-5 – Boulder Venture LLC/Gary Boucher) 



The original Master Plan for the “Shoppes at Park Place” was approved on August 12, 2004 

(PUD 2004-3/CU 2004-13/BOA 2004-21), with subsequent approval for 124 Multifamily 

dwellings (townhomes) for parcels 200 and 300. This application serves as a Major 

Amendment to the PUD as well as an amendment to the Conditional Use by providing 

development plans for those parcels. Proposed are 106 townhomes, with 48 townhomes in 

the northern development and 58 townhomes in the southern. The applicant has also 

requested waivers and variances for construction of interior interconnecting sidewalks and an 

on site meeting hall for the Homeowners Association. 

The Planning and Zoning Commission, at its meeting on March 3, 2005, recommended 

Approval of the new Master Plan, subject to the following conditions: 


homeowner’s association. 




3. A solid masonry wall six feet in height, or a suitable alternative buffering 






Muriel Bruno, 4121 69 th Avenue, spoke on behalf of her neighborhood association and stated 

the City has done an excellent job on the plans. 

Gary Boucher, 439 Dunedin Causeway Boulevard, gave a brief presentation on this project. 

Mayor Mischler requested a letter be submitted by Shoppes at Park Place to have a meeting 

hall for the homeowner’s association. 




Mayor Mischler asked Mr. Boucher where the ingress and egresses were? 

Discussion was held on how many ingress/egresses the development should have because of 

safety for the citizens. 

Councilwoman Bradbury stated she would like to see two ingress/egresses for the 

townhomes. 

Discussion was held on putting up a barricade for an emergency exit. 

Muriel Bruno, 4121 69 th Avenue, stated there should be two exits. 

Sue Grace, 3765 67 th Avenue, stated she would like to have a barrier as an emergency exit 

and put some plants to decorate the barrier. 

Cecil Bradbury, 9400 50 th Way, stated the dumpster needs to be moved and that’s where the 

exit needs to go. 

Mr. Boucher stated the developer, Boulder Venture, does not want an ingress/egress coming 

onto their property. 

Cecil Bradbury, 9400 50 th Way, stated he does not believe the developer does not want an 

entrance coming onto their property. 






to PASS Ordinance No. 3315, with the following conditions: 


homeowner’s association which will need a letter on file placing Shoppes at 

Park Place that they will provide a meeting place. 




3. A solid masonry wall six feet height, or a suitable alternative buffering 


development, shopping center, Home Depot, and this Development. 

4. 70 th Avenue shall have an ingress/egress on the northern property and 70 th 

Avenue will have a right-in/right-out 

5. 69 th Avenue shall have an ingress/egress on southern property 

6. No parking will be allowed in drive aisles and will be included in the 

homeowner’s association by-laws. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 


Councilmen, Rick Butler 


Mayor, William E. Mischler 


None 

MOTION DENIED 




MOTION was made by Councilman Taylor, and SECONDED by Councilman Butler to 

PASS Ordinance No. 3315 with the following conditions: 


homeowner’s association which will need a letter on file placing Shoppes @ 

Park Place a meeting place. 


Commission and approved by the City Council prior to the issuance of any 

building permits permitting development on theses parcels. 

3. A solid masonry wall six feet height, or a suitable alternative buffering 



4. No parking will be allowed in drive aisles and will be included in the 

homeowner’s association by-laws. 

5. 70 th Avenue will have a right-in/right-out 40 foot drive aisles 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 


City Attorney Denhardt asked Council to ask the applicant if he agreed to the conditions that 

are added to the revised master plan. 

Mayor Mischler asked Mr. Boucher if he agreed to the conditions? 

Mr. Boucher agreed to the amended conditions. 

Councilman Butler stated concerns with not having access to the mall for citizens who will 

be living at the townhomes. 

Mr. Boucher stated Boulder Venture will not put an entrance/exit on the site for liability 

reasons. 







NORTH - (Barbara A. Kerner Trust - AX05-6) 


This is a voluntary annexation of 0.31 acres MOL of commercial property. Krauss Company 

of Florida is located on the site. 





MOTION was made by Councilwoman Bradbury, and SECONDED by Councilman Butler 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 




None 



None 





P4 



NORTH (PARKER, BETTY J. AND O’QUINN, JERI AX 05-17) 








MOTION was made by Councilman Butler, and SECONDED by Councilwoman Bradbury 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 




None 



None 





P5 



NORTH (MARY E. MATTINGLY AX05-18) 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 



None 





P6 



NORTH (PARKER, BETTY J. AND O’QUINN, JERI AX 03-44) 


This is a voluntary annexation of 0.18 acres MOL of contiguous residential property. There is 

a mobile home, with improvements, located on this site. 

COUNCILMAN TAYLOR RETURNED THE COUNCIL MEETING AT 9:02. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P7 

RESOLUTION NO. 05-23. AUTHORIZING THE CITY MANAGER TO APPLY 

AND CONTRACT FOR THE FY 2005 EDWARD BYRNE MEMORIAL JUSTICE 

ASSISTANCE GRANT PROGRAM WITH THE U.S. DEPARTMENT OF JUSTICE, 

OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE; 

PROVIDING FOR COMPLIANCE WITH THE JUSTICE ASSISTANCE GRANT 

PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. 


The City is eligible to make application to the U.S. Department of Justice, Office of Justice 

Programs, Bureau of Justice Assistance, for an Edward Byrne Memorial Justice Assistance 

Grant (JAG) in the amount of $26,685 to be used for eligible law enforcement equipment. 

The Pinellas Park Police Department has proposed to use the JAG funds to purchase 

replacement weapons for police officers. This grant application requests $26,685 from the 

U.S. Department of Justice. There is no local matching funds requirement for this grant. This 

project is a continuation of the weapons replacement program which began with the 2004 

Local Law Enforcement Block Grant (LLEBG). 

Authorization for the City Manager to apply and contract for a grant through the FY 2005 

Edward Byrne Memorial Justice Grant Program with the U.S. Department of Justice. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





CITY MANAGER 

P8 ORDINANCE NO. 3320. AN ORDINANCE PROVIDING FOR THE 

REORGANIZATION OF THE COMMUNITY DEVELOPMENT DEPARTMENT BY 

ABOLISHING THE ECONOMIC DEVELOPMENT DIVISION AND THE 

PLANNING DIVISION AS ADMINISTRATIVE DIVISIONS SUBJECT TO THE 


DEVELOPMENT ADMINISTRATOR; ESTABLISHING THE COMMUNITY 

PLANNING DIVISION AS AN ADMINISTRATIVE DIVISION SUBJECT TO THE 


DEVELOPMENT ADMINISTRATOR; RENAMING THE BUSINESS AND 

NEIGHBORHOOD DEVELOPMENT DIVISION AS THE BUSINESS AND 

NEIGHBORHOOD SERVICES DIVISION; PROVIDING FOR REPEAL OF 




Effective March 2, 2005, the City Manager, in accordance with Section 2-106, City Code of 

Ordinances, reassigned the duties and responsibilities of the Economic Development 

Division to the Planning Division. The proposed ordinance will formalize this 

reorganization by merging the Economic Development Division and the Planning Division to 

establish the Community Planning Division. Further, the ordinance renames the Business 

and Neighborhood Development Division as the Business and Neighborhood Services 

Division. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





IV. 

CONSENT AGENDA 

PUBLIC WORKS 

C1 

AUTHORIZATION FOR MAYOR TO SIGN RENEWAL CONTRACT FOR 

HEATING AND AIR CONDITIONING SERVICES TO CITY BUILDINGS - T.B.G. 

of Tampa, Inc., d/b/a The Beacon Group, Maintenance Division 

This authorizes the Mayor to sign a Renewal Contract for heating and air conditioning 

services to maintain eighteen (18) City buildings. The proposed Renewal Contract has been 

reviewed by the City Attorney’s office and no dollar amount changes were made. The 

amount reflects the same cost as the original contract (04/017) in 2004 for heating and air 

conditioning services. The amount of this agreement remains $19,260 for a period of one 

year. The amount of the proposed contract is not budgeted in the 2004/2005 annual budget; 

however, is paid monthly from each City Department/Divisions Building Maintenance 

accounts. The renewal of this contract will be effective June 1, 2005 and will continue for 

one year with an additional one-year renewal option. 

Authorization for Mayor to sign Renewal Contract for heating and air conditioning services 

to City buildings, with T.B.G. of Tampa, Inc., d/b/a The Beacon Group, Tampa, FL, in the 

amount of $1,605 per month, to be charged to the appropriate account, for a period of one 

year commencing on June 1, 2005. 


C2 

AUTHORIZATION FOR THE CITY MANAGER TO SIGN A TWO-YEAR 

RESIDENT EMPLOYEE LEASE AGREEMENT — For City-owned property located 

at Lloyd Tingler Park, 6281 86 th Avenue North 

This authorizes the City Manager to sign a two-year Resident Employee Lease Agreement for 

City-owned property located at Lloyd Tingler Park, 6281 86 th Avenue North. This lease will 

retain the current tenant, Police Captain Sanfield Forseth, of the Pinellas Park Police 

Department. 

Authorization for the City Manager to sign a two-year Resident Employee Lease Agreement 

for City-owned property located at Lloyd Tingler Park, 6281 86 th Avenue North. 




C3 

ORDINANCE NO. 3326. AN ORDINANCE AMENDING CHAPTER 18 (LAND 

DEVELOPMENT CODE), ARTICLE 17 “PINELLAS PARK COMMUNITY 

REDEVELOPMENT” OF THE CODE OF ORDINANCES OF THE CITY OF 

PINELLAS PARK, FLORIDA, BY AMENDING SECTION 18-1711 “RESERVED,” 

BY ADOPTING A DEVELOPMENT STANDARDS OVERLAY MAP; PROVIDING 

FOR CERTIFICATION BY CITY COUNCIL THAT THIS ORDINANCE IS IN 

CONFORMANCE WITH THE CITY’S 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. (LDC 2003-04) 


The Development Standards Overlay Map was produced as part of the Community 

Redevelopment Plan and was intended to be an integral part of Article 17, Pinellas Park 

Community Redevelopment, yet, due to an oversight, was never adopted. The map serves to 

distinguish between more intense areas of development and those areas of the City that 

should be more sensitive to adjacent single-family neighborhoods. Additionally, the original 

map had three areas proposed for the “R-7” Multifamily Residential District. Staff was 

concerned that these areas were not good candidates for the “R-7” District based upon 

existing land use, neighborhood stability and the desires of residents in these areas. Staff 

discussed this issue with the Community Projects Advisory Board on March 5, 2003 and 

with Council on March 25, 2003 and received agreement from both that the “R-7” areas may 

have been inappropriate for the designation at this time. Other, more recent developments in 

the City justify this action. The areas proposed for “R-7” could yield from 1,411 to 1,882 

dwelling units based upon dwelling unit densities from 15 to 20 units per acre depending on 

bonuses achievable through site planning enhancements. 

The current density of these areas is estimated to be approximately 7.5 units per acre for a 

total of 705 dwelling units for the three areas affected by this amendment. The housing 

demand through 2004 has yielded housing availability in areas not considered by the 

redevelopment plan (see attached map.) City Council has approved the siting of 307 

townhome units at the southeast corner of 70 th Avenue and 49 th Street (the former Smalls 

Nursery). One hundred twenty-four (124) units have been approved. The neighborhood just 

north of the Mall is expected to develop with townhomes and apartments as evidenced by the 

Feldman townhome project between 78 th and 76 th Avenues. Additionally, the City has 

permitted similar densities on the periphery of the District, such as the Ferguson Property and 

Park Place. In response to this input, staff has removed the “R-7” from the map. 




C4 

AUTHORIZATION TO SUBMIT 2005 ASSISTANCE TO FIREFIGHTERS GRANT 

APPLICATION 

The Assistance to Firefighters Grant Program of the U.S. Department of Homeland Security 

awards one-year grants directly to fire departments to enhance their abilities with respect to 

fire and fire-related hazards. The primary goal of the program is to provide assistance to meet 

fire departments’ firefighting and emergency response needs. The program will accept online 

applications from March 7, 2005 to April 8, 2005. 

The City of Pinellas Park Fire Department (PPFD) proposes to submit an online application 

for funding to purchase a new quint firefighting vehicle (ladder truck). This vehicle would 

replace the department’s 22-year-old ladder truck. The existing ladder truck was last 

refurbished in 1996 and has exceeded its life cycle for replacement. 

The total cost of the new vehicle is $898,700. The application requests federal funds in the 

amount of $591,850 and provides for a local match in the amount of $306,850 which is the 

vehicle reserve amount for the current ladder truck. The Office of Management and Budget 

has approved the inclusion of this project in the City’s Capital Improvement Plan (CIP) for 

FY 2005/2006. 

Authorization to submit 2005 Assistance to Firefighters Grant application to the Department 

of Homeland Security, Office of Domestic Preparedness for the purchase of a new quint 

firefighting vehicle. 





C5 ORDINANCE NO 3325. AMENDING ARTICLE I AND SECTIONS 17-201 

THROUGH 17-230 OF ARTICLE II (GENERAL EMPLOYEES’ PENSION PLAN) 

OF CHAPTER 17 (PENSIONS AND RETIREMENT) OF THE CITY CODE OF 

ORDINANCES. 


This ordinance amends Article I of Chapter 17 by deleting Sections 17-107 and 17-108, and 

Article II, General Employees’ Pension Plan, to incorporate the recently adopted AFSCME 

contract provisions concerning the Deferred Retirement Option Program, to remove 

reference to accumulated employee contributions and provide for clarification language 

throughout the plan document as previously directed by Council. 


appropriate, Items C1 thru C5 inclusive, with Items C3 and C5 being First Reading Prior to 

Public Hearing and SECONDED by Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 






PUBLIC WORKS 

R1 

SELECTION OF CITY COUNCIL MEMBER TO SERVE ON THE SELECTION 

BOARD FOR ENGINEERING/CONSULTANT SERVICES FOR MODIFICATIONS 

OF PUMPS AT PUMP STATIONS #1 & #2 

– RPF 05/022 

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 engineering and 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 Modifications of Pumps at Pump Stations #1 & #2. 


to APPROVE the selection of Councilman Rick Butler to serve on the selection board for 

review and evaluation of proposals for Engineering/Consultant Services for Modifications of 

Pumps at Pump Stations #1 & #2. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 






R2 

APPEAL TO SIGN VARIANCE DENIAL. SIGN VARIANCE SV 123 WAS DENIED 

BY THE SIGN ORDINANCE COMMITTEE. APPEALS TO VARIANCES ARE 

PROVIDED BY ARTICLE 6 "SIGNS" SECTION 18-608(B)5 

“VARIANCES/APPEALS”. (LDC99-41) 


Chapter 18 (Land Development Code), Article 6 “Signs” Section 18-608(B)5 

“Variances/Appeals” provides for appeals to variances that are denied. Appeals are to be 

made to the Building Development Division within 15 days from the denial and reviewed by 

City Council. McDonalds, 5170 Park Boulevard, requests no setbacks which is a variance 

of 10 feet; sign face square footage of 250 square feet which is a variance of 100 square feet; 

and an overall height of 38 feet 8 inches which is a variance of 18 feet 8 inches, due to their 

sign existing prior to the demolition of the existing structure. Section 18-608(D)3 states 

“When the principle structure is removed from a zone lot, the nonconforming sign(s) shall 

be required to conform to the provisions of this article”. Based on the facts presented, the 

Sign Ordinance Committee determined that SV 123 did not meet the criteria as set forth in 

Section 18-608(B) 2(a)-(e) and the variance was therefore denied. 


Building Development Services Supervisor Lee gave a presentation on this item. 

Jim Kurtz, McDonald’s Corporation, stated McDonald’s Corporation wants to keep the 

existing sign so the new building will be familiar to the citizens. 

Cecil Bradbury, 9400 50 th Way, stated McDonalds will do well whether they have a sign or 

not and every other business in the City has complied with the sign ordinance. 

Joe Shelley, 6035 86 th Avenue, stated all the signs are the same size and comply with the sign 

ordinance because it makes Park Boulevard look better. 

Councilwoman Bradbury stated Council is setting precedence by passing the variance. She 

stated there are other businesses that want to remodel and those businesses have to keep signs 

at the 20 foot level. 

Discussion was held on the site plan. 




MOTION was made by Councilman Butler, and SECONDED by Councilman Taylor to 

APPROVE variances to sign setback, sign area, and sign height for McDonalds based on the 

criteria in Section 18-608(B)2.(a)-(e) of the Land Development Code. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 





R3 


SITE PLAN IN THE “M-1” LIGHT INDUSTRIAL ZONING DISTRICT FOR 

OUTDOOR STORAGE, FUNCTIONALLY ABUTTING A RESIDENTIAL USE TO 

THE EAST FOR A CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 

10551 47 TH STREET. (MS 2005-9 – Noland Properties/Bricklemyer, Smolker & Bolves, 

P.A.) 













Attorney Michael Brooks, representing Noland Properties, presented the revisions that have 

been made to the site plan since the Council Meeting, of March 10, 2005. 

Mayor Mischler asked what time the box trucks are going to start-up in the morning? 

Attorney Brooks stated not earlier then 7:00 a.m. 

Discussion was held on putting the trucks and storage in front of the building. 

Attorney Brooks stated the applicant wants the trucks in a secure location and the applicant 

does not think the front of the building is a secure. 

David Fisher, 4374 Otter Court, spoke in opposition to this item and stated the applicant does 

not keep his word. 

Bill Sass, 4388 Otter Lake Court, stated the trucks are 12 feet high, they back up into his 

back yard and he does not like to look at these trucks. 

June Bredehoft, 4588 Fox Lake Court, spoke in opposition to this item. 

Joe Shelley, 6035 86 th Avenue, spoke in opposition to this item. 




Discussion was held storing the vehicles in the front, putting up a higher wall, a side door 

and not allowing loading in the rear until 8:00 a.m. 

Attorney Brooks asked if trucks can be loaded on the side of the building? 

Councilman Butler stated yes. 

Discussion was held on outdoor storage. 

Mayor Mischler stated since there is one Councilmember absent Attorney Brooks may want 

to consider tabling the item to the next Council Meeting. 

Attorney Brooks requested tabling the item until the next meeting. 

Attorney Brooks stated for the record if the item is table again the applicant will stay with the 

8:00 a.m. rule. 


to TABLE the Preliminary Site Plan for the proposed outdoor storage use generally located 

at 10551 47 th Street, with the following conditions: 

1. No outdoor storage shall be higher than six feet or height 

of wall. 

2. No storage shall be in drainage swale. 

3. Parking requirements shall be met. 

4. Overhead door shall be relocated to proposed area. 

5. No outdoor storage shall be located in drive aisles. 

6. Movement of material in the outdoor storage area shall 

not occur before 9 a.m., or after 6 p.m. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 

Vice-Mayor, Patricia L Bailey-Snook 

None 





MISCELLANEOUS 

M1 

FLORIDA WATER WORKS 

Mayor Mischler stated Florida Water Works has mailed out a letter stating the Environmental 

Protection Agency (EPA) has recommended that everyone have their water tested on a 

regular basis and Florida Water Works will be doing free inspections soon. 

Public Works Administrator Nicholls stated the City tests the water and meets standards. 

M2 

BBQFEST 

Assistant Community Activities Administrator Caddell stated the Barbeque Fest will run 

Friday thru Sunday, April 1 - 3, 2005 at Town Square Plaza Park. 

ADJOURNMENT 


Attest: 

_____________________________________ 



_____________________________________ 


Mayor 

/reg 






MINUTES 

April 14, 2005 



PRESENT: 

ABSENT: 


Vice-Mayor Patricia L. Bailey Snook 




None 


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

Administrator, Ron Miller – Personnel Director, Jane Clark - Police Chief, Dorene Thomas - Staff 

Assistant, Kelly Haworth - Community Planning Director, Robert Bray - Zoning Coordinator, Joe 

Aukstikalnis - Administrative Clerk, Pam Martin - Assistant Community Activities Administrator, 

Tim Caddell – MIS Administrator, Randy Linthicum - Public Works Administrator, Tom Nicholls – 

Fire Chief, Doug Lewis – Fire Administrative Services Director, MaryAnn Salch – Office of 

Management and Budget Administrator, Dan Katsiyiannis – Deputy City Clerk, Christine Gardner 

and Staff Assistant, Rachel Giovannetti. 




PROCLAMATIONS 

National Telecommunicators’ Week – April 10-16, 2005 

National Volunteer Week – April 17-23, 2005 

National Red Hat Day – April 25, 2005 



APRIL 14, 2005

II. 


Approval of Regular Council Minutes of March 24, 2005 as on file in the City Clerk’s 

Office. 

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

to APPROVE the Regular Council Minutes of March 24, 2005 as on file in the City Clerk’s 

Office. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Peter White, 7197 120 th Avenue, stated it would have been better to have two ingresses or 

egresses on the northside of the two townhome developments on 70 th Avenue. 




ITEM RI WAS ADDRESSED NEXT AT THE REQUEST OF COUNCILMAN BUTLER 

R1 





10551 47 TH STREET. (MS 2005-9 – Noland Properties/Bricklemyer, Smolker & 

Bolves, P.A.) 












ALL PARTIES WERE SWORN IN PRIOR TO THEIR TESTIMONY. 

Mayor Mischler stated this is a continued quasi-judicial hearing and Noland Properties has 

requested a continuance of this item until the next Regular Council Meeting. 

Attorney Michael Brooks, representing Noland Properties, stated the applicant is looking for 

permanent solutions that may resolve the incompatible land uses adjacent to one another. 

Attorney Brooks explained the work being done by the applicant to determine what changes 

can be made and requested a continuance to develop a very different site plan. 

Councilman Taylor asked if Attorney Brooks will be prepared by April 28, 2005? 

Attorney Brooks stated a four week period would allow sufficient time for staff to review a 

new site plan and requested this item be tabled until the May 12, 2005, Regular Council 

Meeting. 

David Fisher, 4374 Otter Lake Court, stated he will not object to a continuance to try to solve 

existing problems but he does object to them being allowed to do whatever they like on this 

property. He explained problems he is experiencing with the noise and fumes from the 

Noland property and requested Council do something in the meantime to stop those 

problems. 




Marge Petroff, 4514 Superior Lane, stated there has been an ongoing problem with 

businesses on this property and asked Council for their help for the sake of the neighboring 

citizens. 

June Bredehoft, Lakes Homeowner’s Association President, requested help from Council to 

put a stop to problems with the Noland property. 

Judy Festa, Lakes Homeowners Association Treasurer, stated the residents enjoy living in the 

community and they do not need all the raucous from these businesses and she hopes Council 

is behind trying to alleviate these problems for the ordinary citizen. 

Everett Conger, 4512 Superior Lane, stated he is concerned for his community because he 

does not want to see a precedent being set by not enforcing the code with Noland Industries. 

Art Bousquet, 4182 103 rd Avenue, provided information pertaining to a history of problems 

with this property and surrounding properties concerning noise and diesel fumes. 

Carmen Festa, 4510 Superior Lane, stated Council is the only recourse for citizens and asked 

they do what is right and fair. 

Cecil Bradbury, 9400 50 th Way, provided information on the history of the Noland Property 

and stated if a delay solves the problem for years to come, than Council should provide the 

opportunity to reach a long term solution. 

Joe Shelley, 6035 86 th Avenue, stated Council should find a solution to the problems with 

this property. 

Marshall Cook, 9300 54 th Street, spoke in favor of tabling this item. 

Mr. Fisher stated there should be something in place to inform future tenants about 

regulations and he is asking for help with the daily problems until this is resolved. 





to TABLE consideration of an amendment to the Preliminary Site Plan for the proposed 

outdoor storage use generally located at 10551 47 th Street, to the May 12, 2005, Regular 

Council Meeting. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





III. 



P1 ORDINANCE NO 3325. AMENDING ARTICLE I AND SECTIONS 17-201 

THROUGH 17-230 OF ARTICLE II (GENERAL EMPLOYEES’ PENSION PLAN) 

OF CHAPTER 17 (PENSIONS AND RETIREMENT) OF THE CITY CODE OF 

ORDINANCES. 


This ordinance amends Article I of Chapter 17 by deleting Sections 17-107 and 17-108, and 

Article II, General Employees’ Pension Plan, to incorporate the recently adopted AFSCME 

contract provisions concerning the Deferred Retirement Option Program, to remove 

reference to accumulated employee contributions and provide for clarification language 

throughout the plan document as previously directed by Council. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





INTRODUCTION 

Mayor Mischler introduced Boy Scout Taylor Briggs from Troop 263, who was attending to 

earn his Merit Badge for Citizenship in the Community. 


P2 


DEVELOPMENT CODE), ARTICLE 17 “PINELLAS PARK COMMUNITY 

REDEVELOPMENT” OF THE CODE OF ORDINANCES OF THE CITY OF 

PINELLAS PARK, FLORIDA, BY AMENDING SECTION 18-1711 “RESERVED,” 

BY ADOPTING A DEVELOPMENT STANDARDS OVERLAY MAP; PROVIDING 

FOR CERTIFICATION BY CITY COUNCIL THAT THIS ORDINANCE IS IN 

CONFORMANCE WITH THE CITY’S COMPREHENSIVE PLAN; PROVIDING 

FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT 


EFFECTIVE DATE. (LDC 2003-04) 


The Development Standards Overlay Map was produced as part of the Community 

Redevelopment Plan and was intended to be an integral part of Article 17, Pinellas Park 

Community Redevelopment, yet, due to an oversight, was never adopted. The map serves to 

distinguish between more intense areas of development and those areas of the City that 

should be more sensitive to adjacent single-family neighborhoods. Additionally, the original 

map had three areas proposed for the “R-7” Multifamily Residential District. Staff was 

concerned that these areas were not good candidates for the “R-7” District based upon 

existing land use, neighborhood stability and the desires of residents in these areas. Staff 

discussed this issue with the Community Projects Advisory Board on March 5, 2003 and 

with Council on March 25, 2003 and received agreement from both that the “R-7” areas may 

have been inappropriate for the designation at this time. Other, more recent developments in 

the City justify this action. The areas proposed for “R-7” could yield from 1,411 to 1,882 

dwelling units based upon dwelling unit densities from 15 to 20 units per acre depending on 

bonuses achievable through site planning enhancements. 

The current density of these areas is estimated to be approximately 7.5 units per acre for a 

total of 705 dwelling units for the three areas affected by this amendment. The housing 

demand through 2004 has yielded housing availability in areas not considered by the 

redevelopment plan (see attached map.) City Council has approved the siting of 307 

townhome units at the southeast corner of 70 th Avenue and 49 th Street (the former Smalls 

Nursery). One hundred twenty-four (124) units have been approved. The neighborhood just 

north of the Mall is expected to develop with townhomes and apartments as evidenced by the 

Feldman townhome project between 78 th and 76 th Avenues. Additionally, the City has 

permitted similar densities on the periphery of the District, such as the Ferguson Property and 

Park Place. In response to this input, staff has removed the “R-7” from the map. 








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



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P3 

CONSIDERATION OF A REQUEST TO EXPAND AN “AUTOMOTIVE REPAIR 

FACILITY (MAJOR)” IN THE “B-1” GENERAL COMMERCIAL ZONING 

DISTRICT, A NON-CONFORMING USE WITHIN SAID DISTRICT, BY THE 

ADDITION OF A NEW BUILDING AND ADDITIONAL PAVING FOR A CERTAIN 

PARCEL OF LAND GENERALLY LOCATED AT 7200 73 RD STREET. (NC 2005-1 

Cycle Rama/Wesley and Pamela Brown) 


The applicant is proposing a 4,000 square feet warehouse and additional paving to 

accommodate required parking spaces and two-way ingress/egress aisle located at 7200 73 rd 

Street. The property was annexed into the City of Pinellas Park on December 4, 2000, with 

the existing use of an automotive repair facility (major), a nonconforming use in the “B-1” 

General Commercial Zoning District. The applicant proposes to add an additional warehouse 

to the south of the existing buildings on a vacant portion of the property. The property to the 

south is Mullins Enterprise (concrete pumping) a nonconforming use in the “R-1” Single- 

Family Residential Zoning District. Section 18-1510.2(E) of the Land Development Code 

states that in order to expand a nonconforming use, a public hearing shall be held by City 

Council. As required, all property owners within 300 feet of the site have been notified of the 

public hearing. 



Tim Healey, 1620 1 st Avenue N., St. Petersburg, stated he is the Record Engineer for the 

project and provided information on this item. 

Public Hearing closed at 8:45 P.M. 





to APPROVE the expansion of a nonconforming use for an additional 4,000 square feet 

warehouse to the property located at 7200 73 rd Street. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P4 

CONSIDERATION OF A REQUEST FOR A WAIVER TO ALLOW A CHOICE OF 

EITHER A SIX-FEET-HIGH CHAIN LINK FENCE, BAR FENCE, OR SOLID 

PRIVACY 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”. (MS 

2005-21 – Happy Camper/Tony Caruso) 


The applicant is requesting a waiver to the outdoor storage requirements for a solid wall for 

the outdoor storage of recreational vehicles. The applicant has requested the option to utilize 

either a chain link, solid wood, or bar fence as a substitute. The site currently has a solid 

wood privacy fence. Site inspection reveals that the subject property is located in an 

industrial neighborhood. Review of the uses along 34 th Street reveals multiple outdoor 

storage uses of varying intensities. Included among these uses are automotive recycling 

facilities (junk yards), contractor storage yards, and steel fabrication. The shielding of said 

outside storage areas vary from solid metal sheets to chain link to nothing. None of the 

storage areas are shielded by a block wall. 

No residential areas are located in this area. To the north is E&E Services and McGeehan 

Construction, to the west is Waste Services of Florida, to the south is Ryder Truck Rental, to 

the east are ATK Aliant Tech Systems, Penske Truck Leasing, and PSTA Administration, 

Operation and Maintenance Facility. 



Joseph Ballow, 3474 Rolling Trail, stated he is the applicant and provided information on 

this item. 






to APPROVE waiving the requirement for a six- feet high masonry wall to shield outdoor 

storage located at 12900 34 th Street, with the following condition: 

1. All recreational vehicles must be stored within the fenced storage area. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P5 

CONSIDERATION OF A CONDITIONAL USE FOR THE ESTABLISHMENT OF 

AN “EDUCATIONAL INSTITUTION (K-12)” IN THE “R-2” SINGLE-FAMILY 

RESIDENTIAL ZONING DISTRICT. WAIVERS ARE BEING REQUESTED FOR 

THE LAND USE, MINIMUM LOT AREA, AND SETBACK REQUIREMENTS AT A 

PROPERTY LOCATED AT 6568 78 TH AVENUE. (CU 2005-7 – First Church of the 

Nazarene/Rick Hermann) 


The applicant is requesting consideration to establish an Educational Institution”, a 

Conditional Use in the “R-2” Single-Family Residential Zoning District on a parcel of land 

located at 6565 78 th Avenue. The current use of the property is as a church, The First Church 

of the Nazarene. The applicant will be utilizing the existing Sunday School classrooms for 

this part-time educational institution. The applicant is also requesting waivers to the 

following Conditional Use requirements: limitation of land use to educational facilities, 

minimum lot size of seven acres, and the setback requirements for all buildings to be twentyfive 

feet to any property line. Surrounding land uses are: to the north, single-family 

dwellings; to the south, single-family dwellings and a parking lot for an Insurance Company; 

to the east single-family dwellings; and to the west, Bay News Nine and the Tackle Shack. 

The proposal appears to be consistent with the Comprehensive Plan and has no adverse effect 

on adopted levels of service for City infrastructure. At its meeting on March 3, 2005, the 

Planning and Zoning Commission recommended approval of the above request. 



Rick Hermanns, Veritas Academy Chairman of the Board of Directors, provided information 

on this item. 

Mayor Mischler stated he understands there will be fencing for the playground area. 

Mr. Hermanns stated the fencing is not there now but it will be put up. 

Discussion was held on the grades of the students attending the school and their days of 

attendance. 






to APPROVE a request to approve Conditional Use to establish an “Educational Institution 

(elementary, middle, and senior)” in the “R-2” Single-Family Residential Zoning District 

with waivers to: limitation of land use to educational facilities, minimum lot size of seven 

acres, and the setback requirements for all buildings to be twenty-five feet to any property 

line based on the staff report and the criteria found in Section 18-1509.5(B) & (C) with the 

following condition: 

1. The maximum capacity of the private school shall be 90 students for all 

grades combined. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P6 

CONSIDERATION OF AN AMENDMENT TO AN EXISTING CONDITIONAL USE 

FOR A “WAREHOUSE” IN THE “CH” HEAVY COMMERCIAL ZONING 

DISTRICT TO ADD AN ADDITIONAL DRIVEWAY AT THE NORTH END OF 

THE PROPERTY AND THE ADDITION OF OVERHEAD DOORS ON THE 

NORTH SIDE OF THE BUILDING FACING RESIDENTIAL PROPERTIES. THE 

APPLICANT WILL REQUIRE A WAIVER TO THE CONDITIONAL USE 

REQUIREMENT, “…THAT GARAGE DOORS SHALL BE ORIENTED AWAY 

FROM RESIDENTIAL ZONING DISTRICTS.” (CU 2005-14–Hinricks/St. Petersburg 

Times) 


This request is an amendment to an existing Conditional Use with a waiver to locational 

design standards for an overhead door facing residential property. The general location of the 

warehouse is 7651 Park Boulevard. The applicant proposes to modify the design of the 

warehouse to install overhead doors on the north side of the building facing residential 

properties. The applicant wishes to allow delivery personnel access to the warehouse 

through the proposed overhead garage door. The hours of operation are 1:00 a.m. to 6:00 

a.m. The delivery personnel will prepare the newspapers inside, load them onto push carts, 

and take them to their vehicles. To the north is a single-family dwelling, to the south is 

vacant property, to the east is Goodwill, and to the west is Velocity Computers and 

Stormfitters. 



Curt Hinrichs, 1029 Charles Street, Clearwater, stated he is the applicant and provided 

information on the requested amendments and explained the operation of existing St. 

Petersburg Times distribution centers. 

Mr. Hinrichs stated he understands the neighbors have concerns with noise and light so he 

proposed cutting the size of the door down to eight feet and adding an eight foot wall. 

Mr. Hinrichs stated another modification could be made to reconstruct the driveway entrance 

to 78 th Avenue to reduce the headlights aimed at the neighbor’s house. 

Vice-Mayor Bailey-Snook asked if all work will be done inside the building? 

Mr. Henrichs stated yes, it would. 

Vice-Mayor Bailey-Snook asked why eight foot doors are necessary? 

Mr. Henrichs stated it could be reduced to a seven foot roll-up door. 




Councilwoman Bradbury asked how long the lease with St. Petersburg Times is? 

Mr. Henrichs stated it is a fifteen year lease with two five year add-on options. 

Councilwoman Bradbury stated if the people working at the facility parked to the north and 

those coming and going quickly parked and loaded on the east, then it would be more 

beneficial for everybody. She stated if the lease is not renewed, there would be a door in the 

back of the building facing homes that might be a problem in the future. 

Councilman Butler stated he worked at this type of facility and he remembers tables being 

added to work outside and diesel trucks used for deliveries that make a tremendous amount 

of noise. 

Councilman Butler stated he is not going to put up with any more roll-up doors abutting 

properties zoned R2. 

Councilman Taylor stated 75 th Street is a quiet rural area and this is a problem that Council 

can keep from happening by voting the right way. 

Mayor Mischler stated this is not the right place for this type of operation with residents 

living right there because of headlights, vehicle noise and people talking. 

Chuck Levesque, 7621 75 th Avenue, stated Council is talking about the overhead doors and 

asked if there will be a wall straight through with no driveway? 

Mayor Mischler stated one of the conditions is for an eight foot high solid wall to be 

constructed on the north boundary. 

Charles Dusett, St. Petersburg Times, Deputy Director of Circulation Operations, provided 

information on the company’s image in the community and details on the basic operations 

and logistics used for these distribution centers. 

Councilwoman Bradbury asked if she understood Mr. Dusett when he stated there would be 

63 contractors on the property at one time? 

Mr. Dusett stated that is correct. 

Discussion was held on the number and location of parking places proposed for the site. 





MOTION was made by Councilman Butler and SECONDED by Vice-Mayor Bailey-Snook 

to DENY a request to approve an amendment to an existing Conditional Use for a 

“Warehouse” located at 7651 Park Boulevard in the “CH” Heavy Commercial Zoning 

District with a waiver to the requirement that overhead doors be oriented away from 

residential property, based on the Staff Report and criteria found in Section 18.1509.4. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 



VICE-MAYOR BAILEY-SNOOK LEFT THE MEETING AT 9:30 P.M. 




IV. 


PUBLIC WORKS 

C1 ORDINANCE NO._3328. AN ORDINANCE PROVIDING FOR THE 

REORGANIZATION OF THE PUBLIC WORKS DEPARTMENT BY 

ABOLISHING THE BUILDING AND FLEET MAINTENANCE DIVISION AS AN 

ADMINISTRATIVE DIVISION SUBJECT TO THE ADMINISTRATIVE 

SUPERVISION AND CONTROL OF THE PUBLIC WORKS ADMINISTRATOR; 

ESTABLISHING THE BUILDING MAINTENANCE DIVISION AND THE FLEET 

MAINTENANCE DIVISION AS ADMINISTRATIVE DIVISIONS SUBJECT TO 

THE ADMINISTRATIVE SUPERVISION AND CONTROL OF THE PUBLIC 

WORKS ADMINISTRATOR; PROVIDING FOR REPEAL OF ORDINANCES OR 

PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF 

SUCH CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. 


With Ben Lacy’s retirement as Building and Fleet Maintenance Director, the Public Works 

Administrator began a review of the organization and functions of the Public Works 

Department with a view towards streamlining operations, gaining efficiencies and holding 

down personnel costs. It was concluded, the Department can best achieve these goals by 

establishing separate Divisions for Building and Fleet Maintenance. At the same time, the 

Department can lower personnel costs significantly by reducing the number of management 

positions. 

C2 

AUTHORIZATION FOR NEGOTIATIONS — DESIGN SERVICES 

The Selection board, in accordance with Resolution 91-31, has reviewed the proposals 

submitted and recommends three consultants in the following order: 1) Bayside Engineering, 

Inc.; 2) Burcaw and Associates; 3) DRMP, Inc. Upon Council’s recommendation and 

authorization, the City Manager will negotiate competitively with the most qualified firm 

and, should he fail to reach an agreement, he will then negotiate with the remaining firms in 

order of preference in accordance with Section 287.055, Florida Statutes. 

Authorization for City Manager to negotiate with the firms recommended by the Selection 

Board, in order of preference as recommended, for design services. 





C3 

AUTHORIZATION FOR THE TEMPORARY CLOSING OF 150 FOOT PORTION 

OF 63 RD AVENUE EAST OF 35 th STREET (3481 62 ND AVENUE)FOR A CLASSIC 

CAMBER CAR/SHOW BLOCK PARTY AT WHICH ALCOHOLIC BEVERAGES 

WILL BE CONSUMED. (MS 2005-23 Joseph R. Piacenza III) 

Joseph R. Piacenza, III has requested a 150-foot-portion of 63 rd Avenue, east of 35 th Street, 

be temporarily closed to traffic on April 22, 2005, from 5:00 p.m. to 11:00 p.m., to allow a 

Classic Camber car show/block party at which alcoholic beverages will be consumed. The 

Police Department, Fire Department, Traffic Division and Zoning Division have no 

objection to the requested temporary closing. 

Authorization for closing a 150-foot-portion of 63 rd Avenue, east of 35 th Street, on April 22, 

2005, from 5:00 p.m. to 11:00 p.m., to allow a Classic Camber car show/block party by 

which alcoholic beverages will be consumed. 

OMB 

C4 ORDINANCE NO. 3327. AMENDING ORDINANCE 3257 ADOPTING THE 



In general, the ordinance amends this year’s budget to appropriate funds for the annual raises 

for employees in accordance with all four union agreements and Council’s resolution for non 

union employees. The funds had been originally budgeted under the Contingency accounts 

in the City at Large budgets. This amendment takes the funds out of the Contingency 

accounts and allocates it to the applicable Departments/Divisions applicable personnel 

accounts. 





FIRE 

C5 

AWARD OF BID 05/009 – SANDBLASTING AND PAINTING OF FIRE STATION 

#35 TRAINING TOWER – M. B. E. Inc. of Florida 

Bids were legally advertised and bid invitations were mailed to 74 prospective bidders. Five 

bids were received with M. B. E. Inc. of Florida, 4125 Louis Avenue, Holiday, FL 34691 

being the low bidder with a bid submittal of $34,500. The amount budgeted in account 301- 

282-5-790-37 is $70,000 (page 443 of 2004/2005 Annual Budget). 

Authorization to award Bid 05/009 for sandblasting and painting of Fire Station #35 training 

tower to M. B. E. Inc. of Florida, Holiday, FL in the amount of $34,500 to be charged to the 


C6 

AUTHORIZATION FOR PURCHASE OF SIX AUTOMATIC EXTERNAL 

DEFIBRILLATORS, SOLE SOURCE SPECIFICATIONS – Medtronic Emergency 

Response Systems 

This authorizes the purchase of six Automatic External Defibrillators (AEDs) from 

Medtronic Emergency Response Systems, 11811 Willows Road N. E., Redmond, WA 

98073. The cost for six Automatic External Defibrillators is $11,498.40 which will be 

charged to account 301-175-5-622-49. The Automatic External Defibrillators will be 

installed in six of the City’s public buildings. The amount budgeted for this purchase is 

$12,000. 

Authorization to purchase, from Medtronic Emergency Response Systems, six Automatic 

External Defibrillators at a cost of $11,498.40 to be charged to the appropriate account. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 







ITEM R1 WAS ADDRESSED BEFORE ITEM P1 

R2 

CONSIDERATION OF A RELEASE OF UNITIES OF TITLES - For property 

generally located at 6901 49 th Street. (MS 2005-20 – Smalls Growers, Inc./New Dawn 

Corp.) 

The applicant, Smalls Growers, Inc., has requested the Release of the Unity of Title 

documents tying together all properties that encompass the old Smalls Growers Nursery in 

the general location of 49 th Street and 70 th Avenue. The property is proposed to be developed 

with fee simple townhomes and the applicant will be required to re-plat the property, 

therefore, the Unities of Titles must be released. 


to APPROVE the Release of Unity of Title documents for properties located at 6901 49 th 

Street. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


VICE-MAYOR BAILEY-SNOOK RETURNED TO THE MEETING AT 9:37 P.M. 




R3 

CONSIDERATION OF A RELEASE OF UNITY OF TITLE - For property generally 

located at 7101 Park Blvd. (MS 2005-22 – DWTP, LLP and Park Bayou, LLP/Ron 

Struthers) 

The applicant, Ron Struthers, has requested the Release of Unity of Title document tying 

together all properties that encompass the CVS property on the corner of Park Boulevard and 

Belcher Road. The applicant is in the process of selling the property adjacent to the CVS 

parcel and his Attorney has found an error in the original Unity of Title application, 

processed in 2001. It appears that the CVS parcel and this parcel have been tied together, 

therefore the sale cannot take place. The parcels, once separated, will stand on their own in 

regard to Code requirements. To the north and west of the proposed subdivided parcel is 

Lowe’s shopping center, which is zoned “CPUD” Commercial Planned Unit Development, 

to the east is a gas station and Sam’s Club with “B-1” General Commercial and “CH” 

Commercial Heavy zoning, and to the south is “CH” Commercial Heavy zoning and County 

“C-3” zoning. 


to APPROVE the Release of Unity of Title documents for the property located at 7101 Park 

Boulevard, subject to the following provision: 

1. A new Unity of Title document must be prepared and recorded tying together 

the remaining properties. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Attorney Robert Decker, 25 2 nd Street North, St. Petersburg, asked if the motion releases the 

property for Ron Struthers, but does not affect the CVS property? 

Councilman Butler stated yes, that was correct. 

Assistant City Manger Shevlin explained the platting of these lots. 




R4 


RESIDENT OFFICER LEASE AGREEMENT — For City-owned property located at 

Youth Park, 4100 66 th Avenue North 

The Resident Officer Lease with Rene Verschneider at Pinellas Park’s Youth Park expired 

November 4, 2004. At the City Council Workshop on May 25, 2004, City Council decreed 

that future residents of the City’s Parks must be active, full-time employees of the City and 

that all current “Resident Officer” leases would be honored for the remaining term of the 

lease but not be renegotiated unless the occupant is an active, full-time employee of the City. 

Ms. Verschneider vacated the property November, 2004. The Economic Development 

Division has since sent out two flyers with employee paychecks seeking interested parties. 

Upon request, the Economic Development Division has distributed one application package 

and has received one completed application for consideration with Officer Ron McKenzie, 

Pinellas Park Police Department. 


APPROVE authorization for the City Manager to sign a two-year Resident Officer Lease 

Agreement for City-owned property located at Youth Park, 4100 66 th Avenue North, with 

Officer Ron McKenzie. 

Mayor Mischler provided information on this item. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





ADD ON ITEMS 

CITY COUNCIL 

R5 RECEIPT OF RESIGNATION AND APPOINTMENT OF CITY’S 

REPRESENTATIVE TO PINELLAS SUNCOAST TRANSIT AUTHORITY (PSTA) 

BOARD OF DIRECTORS 

Councilman Rick Butler currently serves on the Board of Directors of PSTA and his term 

expires September 30, 2007. Councilman Butler has agreed to serve on the Homeless 

Initiative for Pinellas County Government and Vice-Mayor Patricia Bailey-Snook has 

agreed to serve on the PSTA for Council Member Butler. 

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

by to ACCEPT the resignation of Councilman Rick Butler as the City of Pinellas Park’s 

representative on the Pinellas Suncoast Transit Authority and APPROVE the appointment 

of Vice-Mayor Patricia L. Bailey-Snook to serve as the City of Pinellas Park’s 

representative on the Pinellas Suncoast Transit Authority (PSTA) Board of Directors for the 

unexpired term ending September 30, 2007. 


Voting Yea: Vice-Mayor, Patricia L. Bailey-Snook 





Voting Nay: None 

Absent: None 

Abstaining: None 





R6 

RECEIPT OF RESIGNATION AND APPOINTMENT TO HOMELESS INITIATIVE 

– PINELLAS COUNTY GOVERNMENT 

At their October 12, 2004 Council Workshop Meeting City Council selected Council 

Member Patricia L. Bailey to represent the City of Pinellas Park on this project. Due to 

scheduling conflicts Vice-Mayor Bailey-Snook is resigning her position and Councilman 

Rick Butler has agreed to take her place. 

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

Snook to ACCEPT resignation of Vice-Mayor Patricia Bailey-Snook as the City of Pinellas 

Park’s representative to the Homeless Initiative for Pinellas County and APPROVE the 

appointment of Councilman Rick Butler as the City of Pinellas Park’s representative to the 

Homeless Initiative for Pinellas County. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





MISCELLANEOUS 

M1 

KIWANIS FISHING DERBY 

Office of Management and Budget Administrator Katsiyiannis stated Kiwanis is having the 

annual fishing derby, Saturday, June 4, 2005 at Freedom Lake Park. The Derby starts at 8:00 

a.m. and the winner will receive a $100.00 savings bond. 

Marshall Cook, 9300 54 th Street, stated he will be helping with this tournament. 

M2 

TIP-A-COP 

Police Chief Thomas stated Friday, April 22, 2005 from 6:00 p.m. to 9:00 p.m. is Tip-a-Cop 

at Quaker Steak and Lube. She stated there will be volunteers, explorers and officers 

assisting servers to raise funds for the Special Olympics. 

M3 

THANK YOU 

Marshall Cook, 9300 54 th Street, thanked the Volunteer Police and Police for how they 

handled the Shiavo crowd and he thanked 423 citizens who also donated their time. 

M3 

PETITION 

Marshall Cook, 9300 54 th Street, stated he was given a petition from residents of Pinellas 

Park that states “We the citizens of Pinellas Park have great concerns about the way our City 

is being handled and we would like the Mayor and City Council to explain why the City 

Manager and the Assistant City Manager seem to be having so many problems with 

dedicated City employees”. 

Marshall Cook, 9300 54 th Street, stated this petition has 117 signatures and provided 

information on issues of concern. 

Mayor Mischler explained the City Charter provides for the City Manager to run the day to 

day operations and if Council feels he is not doing an adequate job it is their responsibility to 

question him on that. 

Mayor Mischler stated he has had hundreds of people telling him they like the way the City 

Manager has treated the residents. 

Councilman Butler stated he has never seen a Pinellas Park administration that was either not 

liked by employees or had issues with the citizens because there is diversity in management 

and political styles. He stated long term employees work out their tenure and decide it is time 

to retire and when that happens it is time to attempt to consolidate to save tax dollars. 




Councilman Butler stated he feels very strongly that City Manager Gustafson is doing a fine 

job. 

Discussion was held on recent consolidation of positions/services and long term employee 

retirements. 

Councilwoman Bradbury stated citizens and employees can call Councilmembers and convey 

their opinion. She stated there are many long term employees that are ready to retire and 

relax and the employees she has spoken with are happy to retire. 

Jerry Garner, 8072 Rose Terrace, Largo, stated he recently retired from the City and he thinks 

the City Manager, Council and employees are doing a great job. 

VICE MAYOR BAILEY-SNOOK LEFT THE MEETING AT 10:07 P.M. 

M4 

SEX OFFENDERS 

Peter White, 7197 120 th Avenue North, Largo, stated it’s time to start raising the standards in 

the community to fight for tougher laws regarding sexual predators. 

ADJOURNMENT 


Attest: 

_____________________________________ 

Christine Gardner 

Deputy City Clerk 

_____________________________________ 


Mayor 

cgg/reg 






MINUTES 

April 28, 2005 



PRESENT: 

ABSENT: 






None 


– City Manager, Michael Gustafson - Assistant City Manager/Community Development 

Administrator, Tom Shevlin - Finance Administrator, Ron Miller – Risk Management Director, John 

Moore - Assistant Community Activities Administrator, Tim Caddell - MIS Administrator, Randy 

Linthicum – Police Chief, Dorene Thomas – Assistant Community Development 

Administrator/Building Development Director, Patrick Murphy – Office of Management and Budget 

Administrator, Dan Katsiyiannis - Economic Development Specialist, Shannon Coughlin - Public 

Works Administrator, Tom Nicholls – Fleet Maintenance Division Supervisor, Chris Marinari – 

Interim Building Maintenance Director, Tom Pezone – Zoning Coordinator, Joe Aukstikalnis - 

Streets/Drainage Director, Randall Roberts – Deputy Fire Chief, Sandy Sullivan – Staff Assistant, 

Kelly Haworth – Administrative Clerk, Pam Martin - City Clerk, Diane M. Corna and Deputy City 


INVOCATION was given by Vice-Mayor Bailey-Snook. 



PROCLAMATIONS 

National Municipal Clerk’s Week, May 1-7, 2005. 


REGULAR COUNCIL MINUTES 



Susan Walker- Business and Neighborhood Services Division Director 

INTRODUCTION 

Mayor Mischler introduced Joshua Yeager, Boy Scout Troop #375 of Pinellas Park Calvary 

Chapel, who attended the meeting to earn his Citizenship in the Community Badge. 

HAPPY BIRTHDAY 

City Council sang Happy Birthday to Councilwoman Bradbury and City Clerk Corna. 

II. 


Approval of Regular Council Minutes of April 14, 2005 as on file in the City Clerk’s Office. 


to APPROVE the Regular Council Minutes of April 14, 2005, as on file in the City Clerk’s 

Office. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





III. 


PUBLIC WORKS 

P1 ORDINANCE NO._3328. AN ORDINANCE PROVIDING FOR THE 

REORGANIZATION OF THE PUBLIC WORKS DEPARTMENT BY ABOLISHING 

THE BUILDING AND FLEET MAINTENANCE DIVISION AS AN 

ADMINISTRATIVE DIVISION SUBJECT TO THE ADMINISTRATIVE 

SUPERVISION AND CONTROL OF THE PUBLIC WORKS ADMINISTRATOR; 

ESTABLISHING THE BUILDING MAINTENANCE DIVISION AND THE FLEET 

MAINTENANCE DIVISION AS ADMINISTRATIVE DIVISIONS SUBJECT TO 

THE ADMINISTRATIVE SUPERVISION AND CONTROL OF THE PUBLIC 

WORKS ADMINISTRATOR; PROVIDING FOR REPEAL OF ORDINANCES OR 


SUCH CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. 


With Ben Lacy’s retirement as Building and Fleet Maintenance Director, the Public Works 

Administrator began a review of the organization and functions of the Public Works 

Department with a view towards streamlining operations, gaining efficiencies and holding 

down personnel costs. It was concluded, the Department can best achieve these goals by 

establishing separate Divisions for Building and Fleet Maintenance. At the same time, the 

Department can lower personnel costs significantly by reducing the number of management 

positions. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





OMB 

P2 ORDINANCE NO. 3327. AMENDING ORDINANCE 3257 ADOPTING THE 



In general, the ordinance amends this year’s budget to appropriate funds for the annual raises 

for employees in accordance with all four union agreements and Council’s resolution for non 

union employees. The funds had been originally budgeted under the Contingency accounts 

in the City at Large budgets. This amendment takes the funds out of the Contingency 

accounts and allocates it to the applicable Departments/Divisions applicable personnel 

accounts. 



Randy Heine, 7451 Park Boulevard, stated these funds are being used for employee raises 

and asked what contingency funds these funds are coming from? 

Office of Management and Budget Administrator Katsiyiannis provided information on 

contingency funds and where the funds were budgeted. 

Mr. Heine asked how much the employee raises are? 

Administrator Katsiyiannis explained the raises vary but the general fund includes $900,000 

for employee raises. 

Mr. Heine asked if this fund was not used for the raises, then would property taxes have to be 

raised? 

Mayor Mischler stated the budget was adopted with these funds included and now the funds 

are being transferred to the appropriate department’s budget. 

City Manager Gustafson stated these funds are contained in the adopted budget as a 

contingency fund so the budget still balances and the contingency fund was established for 

salary increases when union negotiations were completed. 

Discussion was held on strategies used for union negotiations, specifically the allocation of 

funds for future salary increases. 

Councilman Taylor stated the budget reflects the total operating funds for the City and the 

millage rate has not been increased in eight years. 




Administrator Katsiyiannis stated the Citizen’s Budget Advisory Committee reviews the 

budget in great detail. He stated the budget was advertised in accordance with state law and 

the contingency fund in question was properly advertised as an operating expense. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






P3 

RESOLUTION NO._05-24. VACATION OF THE WEST FIVE FEET OF A TEN- 

FEET-WIDE EASEMENT GENERALLY LOCATED TO THE REAR (EAST LOT 

LINE) OF 11015 ELMHURST DRIVE NORTH. (V 2005–5 – Stephanie and George 

Ruggiero) 


The applicant is requesting the vacation of the west five feet of a 10-feet-wide drainage and 

utility easement located at the rear of their property in order to construct a pool and 

enclosure. The following Findings of Fact are pertinent to this request: 



provided that all utilities are relocated at the expense of the applicant. 



George Ruggiero, 11051 Elmhurst Drive, stated he would like to put a pool in his backyard 

and requested approval of this item. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





IV. 


PUBLIC WORKS 

C1 CHANGE ORDER NO. 1 AND FINAL PAYMENT FOR PROJECT 02/027, 

RECLAIMED WATER PHASE V DISTRIBUTION AND BASIN 4A DRAINAGE 

IMPROVEMENTS – Suncoast Development of Pinellas County, Inc. 


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

original contract amount by 2.35%. The account to be charged will be 301-381-5-797-48 

(Phase V Distribution $236,275.88) and 301-382-5-727-27 (Basin 4A Drainage $31,806.83). 

Authorization for approval and acceptance of Change Order No. 1, Project 02/027, Reclaimed 

Water Phase V Distribution and Basin 4A Drainage Improvements, a decrease in the contract 

amount of $107,759.02, for a total adjusted contract amount of $4,472,436.98, and 

authorization for final payment of $268,082.71 to Suncoast Development of Pinellas County, 

Inc. to be charged to the appropriate account. 


C2 



NORTH (FERRELL BUILDING CORPORATION AX05-22) 



is a mobile home located on this site. The Owner plans to remove the mobile home and 

build a single-family residence. 

C3 



NORTH (ROBERT A. DI PERSIO AX05-23) 










Public Hearing and Item C4 being moved to the Regular Agenda and SECONDED by 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






FINANCE 

R1A 

C4 

RECEIPT OF THE 2003-2004 FINANCIAL AUDIT – Cherry, Bekaert and Holland, 

St. Petersburg 

Representatives from the City's independent auditors, Cherry, Bekaert and Holland, presented 

the 2003-2004 Auditor's Report. The Finance Administrator presented a brief summary of the 

City's fiscal year 2003-2004 Financial Statements. 

Finance Administrator Miller presented information on this item and thanked the following 

employees of the Accounting Division for their good work: Staff Assistant, Martha O’Dell - 

Accounting Clerk, Eileen Goostree - Accounting Clerk, Cindy Trimble – Accountant, Rosa 

Freed – Accountant, Kelly Schrader - Senior Accountant, Diane Mackie and Assistant 

Finance Administrator/Accounting Director, Sonny Kotala. 

Laura Brock, Cherry, Bekaert and Holland, gave a presentation outlining this item. 


to ACCEPT the 2003-2004 Financial Statement and Auditor's Report as presented by 

Cherry, Bekaert and Holland. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Mayor Mischler stated he is proud of the Administration for how the City is run on a day-today 

basis and for keeping it financially sound. 




POLICE 

R1 CONSIDERATION FOR A CODE ENFORCEMENT LIEN 

REDUCTION/ELIMINATION – For Herman Beaty & Paul Desjardins AFD and the 

property located at 6120 103 rd Avenue, Pinellas Park, FL 

Paul Desjardins, owner of the property located at 6120 103 rd Avenue, Pinellas Park, FL, 

requests a reduction/elimination of the lien on his property. The current outstanding lien is 

$6,525. After careful review of the case, the Special Hearing Master recommends a reduction 

of the lien to $5,000 by a date specified by City Council. If the lien amount is not paid by the 

date specified it will revert back to the original total lien amount of $6,525. 

Paul Desjardins, formerly of 6120 103 rd Avenue, requested the fine be eliminated and 

provided information pertaining to his request. 

Discussion was held on notification that was provided and the findings of the Special 

Hearing Master. 

Councilwoman Bradbury stated she would like see 90 days given to make arrangements for 

payment. 


to APPROVE the Code Enforcement lien reduction/elimination request against Herman 

Beaty & Paul Desjardins AFD and the property located at 6120 103 rd Avenue, Pinellas Park, 

FL, be reduced from $6,525 to $5,000 provided the fees are paid within 90 days or it will 

revert back to $6,525. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 


Councilman Butler stated $5,000 is a lot of money and if the City is looking for compliance 

that has happened and he will not support the motion. 

Cecil Bradbury, 9400 50 th Way, stated there was an out of pocket cost for the City and it 

would be reasonable to fine that dollar amount. 




R2 CONSIDERATION FOR A CODE ENFORCEMENT LIEN 

REDUCTION/ELIMINATION — For Lois J Reed and the property located at 12110 

76 th Street, Largo, FL 

Mr. Darren Carlson, employee of the registered agent Land Holding of Tampa Bay, requests a 

reduction / elimination of the lien on the property belonging to Lois J. Reed. The current 

outstanding lien is $2,275. After careful review of the case, the Special Hearing Master 

recommends you deny the request. The owner resides in California and received her certified 

mail. She was aware of the violations. The property management company she hired to take 

care of her property located at 12110 76 th Street failed to correct the violations before the fine 

was assessed. The property management company failed to do the job they were hired to do. 

Darren Carlson, Land Holdings of Tampa Bay Agent, provided information on this item and 

requested a reduction/elimination. 

Vice-Mayor Bailey-Snook stated it should be the responsibility of Land Holdings of Tampa 

Bay to pay the fine because they were paid to manage the property. 

Councilman Butler stated he does not support this reduction. 


to DENY the Code Enforcement lien reduction/elimination request by Lois J. Reed and the 

property located at 12110 76 th Street, Largo, FL. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





PUBLIC WORKS 

R3 

SELECTION OF CITY COUNCIL MEMBER TO SERVE ON THE SELECTION 

BOARD FOR ENGINEERING/CONSULTANT SERVICES FOR HOMELAND 

SUBDIVISION DRAINAGE STUDY — RPF 05/015 

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 engineering and 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 Homeland Subdivision Drainage Study. 


APPROVE selection of Councilwoman Bradbury to serve on the selection board for 

Homeland Subdivision Drainage Study. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






R4 


FERRELL BUILDING CORPORATION (AX05-22) — Annexation of 0.14 acres 



Owner plans to remove the existing mobile home and construct a single-family home on the 

site. 

Ferrell Building Corporation City Projected City Funds City Fees 


1-Year Projected Total $929.65 $0.00 $3,000.00 


♦ For eighteen (18) 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, and the demolition of the existing 

structure on the Property, estimated to be Three Thousand Dollars 

($3,000.00). This waiver of fees will include the City potable water 

connection fee and City sanitary sewer connection fee. 


to APPROVE authorization for Mayor to sign an Annexation Agreement with Ferrell 

Building Corporation for annexation of 0.14 acres MOL located at 6012 109 th Terrace North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 


Vice-Mayor Bailey-Snook stated if Council can’t help out people with problems then why 

would the $3,000 fee be waived on this item? 

Councilman Butler stated if Council can’t help residents that are in economic situations, then 

he does not feel he can help others. Therefore, he voted in opposition. 

Mayor Mischler explained the waiver of fees for this item. 




R5 


ROBERT A. DI PERSIO JR. (AX05-23) — Annexation of 0.20 acres MOL located at 




Robert A. Di Persio Jr. City Projected City Funds City Fees 





to APPROVE the voluntary annexation of 0.20 acres MOL of property owned by Robert A. 

Di Persio Jr. and located at 6057 110 th Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Councilman Butler stated for the record there were no fees waived on this annexation. 




R6 


RESIDENT OFFICER LEASE AGREEMENT — For City-owned property located at 

Freedom Lake Park, 9990 46 th Street North 

The Resident Officer Lease with David Sheetz at Pinellas Park’s Freedom Lake Park will 

expire August 5, 2005. At the City Council Workshop on May 25, 2004, City Council 

decreed that future residents of the City’s Parks must be active, full-time employees of the 

City and that all current “Resident Officer” leases would be honored for the remaining term 

of the lease but not be renegotiated unless the occupant is an active, full-time employee of 

the City. Mr. Sheetz plans to retire from the Pinellas County Sheriff’s Department January 

2008 and move out of state. He would like to remain on the property until then. If unable to 

remain on the property until January 2008, he would like to extend his current lease two 

years, to August 2007. The Community Planning Division has not yet solicited City 

employees for interest. 


to APPROVE authorization for the City Manager to sign a two-year Resident Officer Lease 

Agreement for City-owned property located at Freedom Lake Park, 9990 46 th Street North, 

with Officer David Sheetz. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R7 CONSIDERATION OF 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 ALLOW THE FRONT YARD SETBACK 

TO BE MEASURED FROM THE PROPERTY LINE ABUTTING 88 th AVENUE AND 

NOT THE ULTIMATE RIGHT-OF-WAY LINE. (MS 2005-31 – Jena 

Rutherford/Glatfelter) 


In any case where a lot abuts a planned or existing right-of-way which does not meet the 

standards of Article 1, Subdivision Code, or as required by the governmental agency having 

jurisdiction over the right-of-way, the yard setbacks for such properties for all improvements, 

including but not limited to buildings, structures, signs, landscaping, drainage ponds and 

buffers, shall be measured from the ultimate right-of-way lines. An applicant may request a 

waiver of the right-of-way width requirement by making written application for a waiver to 

the City Council. Eighty-eighth Avenue is now a 30 feet wide paved right-of-way dedicated 

by the Pinellas Farms Plat of 1911. Traditionally, the “other” 30 feet should be dedicated by 

the properties adjacent to the right-of-way. However, the parcel to the east has already 

dedicated 20 feet of right-of-way and in an effort to maintain a standard roadway the City 

would require the same of this parcel. The applicant is currently developing the property with 

a single family dwelling that conforms to the setback requirements, however the 

measurements are to the property line. The City Council shall grant or deny the application 

based on the following factors: 

1. The impact that the applicant’s proposal would have on the existing and 

proposed right-of-way in the area; 

2. The location of the applicant’s property; 

3. Traffic patterns in the area; 

4. The character and age of the neighborhood and; 

5. Any other factor that is relevant and material to the waiver request. 




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

Snook to APPROVE a waiver to the requirements of Section 18-1507.16 “Measurement of 

Yard Setbacks on Lots Adjacent to Rights-of-Way of Insufficient Width” to allow the 

setback to be measured from the property line abutting 88 th Avenue and not the ultimate 

right-of-way line. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R8 

CONSIDERATION OF THE FINAL PLAT FOR SHOPPES AT PARK PLACE FOR 

A PARCEL OF LAND GENERALLY LOCATED BETWEEN PARK BOULEVARD 

AND 70 TH AVENUE AND BETWEEN 41 ST STREET AND U.S. HIGHWAY 19 AND 

70 TH AVENUE AND 68 TH AVENUE AND 41 ST STREET AND 40 TH STREET. (PL 

2005-1 – K. B. Parkside LLC) 


The applicants are platting 66.1 acres into sixteen lots for commercial development. The 

Park Side Mall was located on this site. City Council approved the Master Site Plan for the 

"CPUD" development of this site on August 12, 2004. Subsequent revisions to the “CPUD” 

were approved by City Council; one for a minor revision on February 24, 2005, and one for a 

major amendment, for the construction of townhomes, on March 24, 2005. 


to APPROVE the Final Plat of the Shoppes at Park Place, generally located between Park 

Boulevard and 70 th Avenue and between 41 st Street and U.S. Highway 19 and 70 th Avenue 

and 68 th Avenue and 41 st Street and 40 th Street, based on the Findings of Compliance with 

the factors identified in Section 18-103.6(C) of the Land Development Code. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





ADD ON ITEMS 


R9 

RESOLUTION NO. 05-26 AMENDING SECTION 8 (VACATION) OF THE CITY 

PERSONNEL AND SAFETY RULES AND REGULATIONS TO PROVIDE FOR A 

VACATION DONATION PROGRAM. 


This amendment to the City Personnel and Safety Rules and Regulations will permit a 

Regular Fill-time employee to donate a portion of his or her accrued vacation time to another 

Regular Full-time or Regular Part-time employee who has exhausted his or her paid time off 

and who has experienced a serious medical hardship or disability. 


to ADOPT Resolution No. 05-26 which includes passing an amended Exhibit A. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





CITY COUNCIL 

R10 

RESOLUTION NO. 05-27. SUPPORTING HOUSE JOINT RESOLUTION 10, FLAG 

PROTECTION AMENDMENT. 


House Joint Resolution 10 proposes an amendment to the Constitution of the United States 

authorizing the Congress to prohibit the physical discretion of the American Flag. 

Congressman C.W. “Bill” Young has cosponsored this resolution and has asked for the City 

of Pinellas Park’s support. 




Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





MISCELLANEOUS 

M1 

PUBLIC RECORDS FEES 

Randy Heine, 7451 Park Boulevard, stated he made a public records request and when he 

received the information he was bothered by the charges for staff time. 

City Clerk Corna explained the staff time charge is not only for copying the documents but 

also for the time needed to compile the documents. 

Mr. Heine stated he thinks it is taking too long for staff to find and copy these documents. 

M2 

THANK YOU 

Michael Scavelli, 6861 59 th Street, thanked City Council and staff for their participation in 

the Knights of Columbus Banquet honoring the Police Officer and Firefighter of the Year. 

Mayor Mischler thanked Mr. Scavelli and the Knights of Columbus for honoring Police 

Officers and Firefighters. 

Mr. Scavelli also thanked City employees for all the improvements that have been made in 

the City over the years and stated he feels the City is doing a fine job. 

ADJOURNMENT 

Mayor Mischler adjourned the meeting at 9:02 P.M. 

Attest: 

_____________________________________ 



_____________________________________ 


Mayor 

/cgg 






MINUTES 

May 12, 2005 



PRESENT: 

ABSENT: 






None 

Also present were: City Attorney, James Denhardt – City Attorney, James Denhardt - Assistant City 

Attorney, Christopher Hammonds – City Manager, Michael Gustafson - Assistant City 

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

– Personnel Director, Jane Clark – Community Activities Administrator, Barbara Ponce - Assistant 

Community Activities Administrator, Tim Caddell - MIS Administrator, Randy Linthicum – Police 

Chief, Dorene Thomas – Deputy Fire Chief, Steve McCarthy – Office of Management and Budget 

Administrator, Dan Katsiyiannis - Economic Development Specialist, Chuck Webber – Zoning 

Director, Dean Neal – Zoning Coordinator, Joe Aukstilkalnis – City Engineer/Utilities Design 

Director, Stan Emerson - MIS Technology Director, Dan Speaker - Staff Assistant, Kelly Haworth – 

Administrative Clerk, Pam Martin - City Clerk, Diane M. Corna and Deputy City Clerk, Christine 

Gardner. 




PROCLAMATIONS 

National Public Works Week May 15-21, 2005 

SPECIAL PRESENTATION — K-9 BULLET-PROOF VESTS 

Sgt. Mark Berger was present with Officer Cassidy Perry and K-9 Rocky, 

Officer Mike Erwin and K-9 Roy and Officer Martin Turner and K-9 Dax. 


REGULAR COUNCIL MEETING MINUTES 

MAY 12, 2005

SPECIAL PRESENTATION – HOPSPICE 

Chief Thomas presented two plaques: The Hospice Beach Stroll 

1 st Place for most pledge dollars raised and 1 st place for Most Participants. 

II. 


Approval of Regular Council Minutes of April 28, 2005, as on file in the City Clerk’s Office. 


to APPROVE the Regular Council Minutes of April 28, 2005, as on file in the City Clerk’s 

Office. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Peter White, 7197 120 th Avenue, stated the Angel Fund is a tremendous asset to the City and 

it speaks volumes of the people that contribute voluntarily. 




III. 



P1 



NORTH (FERRELL BUILDING CORPORATION AX05-22) 



is a mobile home located on this site. The Owner plans to remove the mobile home and 

build a single-family residence. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P2 



NORTH (ROBERT A. DI PERSIO AX05-23) 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P3 

RESOLUTION NO. 05-25. A RESOLUTION VACATING A 30-FEET- WIDE 

UNIMPROVED RIGHT-OF-WAY GENERALLY LOCATED NORTH OF 10566 66 th 

STREET. (V 2005-4/Kevin Piquet) 


The applicant is requesting the vacation of a 30-feet-wide unimproved right-of-way generally 

located north of 10566 66 th Street. The applicant is proposing to develop the property to the 

south of this right-of-way with a light industrial use. The vacation is requested to remove 

unneeded right-of-way and eliminate setback from ultimate right-of-way. The following 

Findings of Fact are pertinent to this request: 

1) The vacation is consistent with the comprehensive plan. 

2) The various utility agencies and City divisions have no objections. 

3) The City is to retain an easement for utilities in the north 15 feet of the vacated 

right-of-way. 


Public Hearing at 8:04. 

Kevin Piquet, 6260 67 th Avenue, stated he is the property owner and is present to answer any 

questions Council may have. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P4 CONSIDERATION OF A CONDITIONAL USE TO ALLOW THE RENTAL OF U- 

HAUL VEHICLES, A USE SIMILAR TO “TAXI, LIMOUSINE OR AUTOMOBILE 

RENTAL ESTABLISHMENTS" IN THE "B-1" GENERAL COMMERCIAL 

ZONING DISTRICT WITH WAIVERS TO THE FOLLOWING CONDITIONAL 

USE REQUIREMENTS: MINIMUM LOT SIZE AND A 10-FEET- WIDE 

LANDSCAPED BUFFER ALONG THE RIGHT-OF-WAY PROVIDING PRIMARY 

ACCESS TO THE SITE FOR A PROPERTY LOCATED AT 9300 49 TH STREET. (CU 

2005-11/Stephen C. Ramsey) 


The applicant is requesting consideration of a Conditional Use to operate a U-Haul vehicle 

establishment. The applicant is also requesting waivers to the following Conditional Use 

requirements: minimum lot size of 15,000 square feet and a ten feet wide landscape buffer 

provided along the right-of-way which provides primary access. The property is located at 

9300 49 th Street. It is currently being used as a TV repair and used goods store. The 

application is requesting the ability to rent one U-Haul truck, which will be parked in a paved 

parking space on the southeast side of the building. The applicant is not altering the structure 

and proposes no significant changes to the interior. Surrounding land uses are: to the north, a 

Gas Station; to the south and west, commercial development; and to the east, Crystal Lake 

Mobile Home Park. On April 7, 2005, the Planning and Zoning Commission recommended 

Approval of this case subject to conditions. 


Zoning Director Neal read a letter into the record from Pinegrove Community Church, Pastor 

Lawrence Howerzyl, stating concerns with parking the U-Haul vehicle where it may pose a 

problem for those exiting the church property. 

Zoning Director Neal stated the area that is proposed for the parking of the U-Haul vehicle is 

on the interior of the lot so that should alleviate Pastor Howerzyl’s concerns. 


Steve Ramsey, 9300 49 th Street, stated he is the owner of the property and he will only have 

one truck and presented an alternative area where the truck could be parked to alleviate any 

problems. 

Discussion was held on the proposed alternative parking place for the U-Haul. 

Frank Ennis, 5790 Park Boulevard, provided information on rental trucks. 






to APPROVE a Conditional Use request to allow the rental of one U-Haul vehicle in the “B- 

1” General Commercial District with waivers to the Conditional Use requirements for: 

minimum lot size and a 10 feet-wide buffer along the right-of-way providing primary access 

to the site subject to the following condition: 

1. U-Haul vehicle storage shall not encroach, at any time, into any customer or 

employee parking area, drive aisles, greenspace area, or visibility triangle. 

2. The applicant shall be limited to the display, storage and rental of one U-Haul 

vehicle not to exceed 18 feet in length. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Councilwoman Bradbury asked if the applicant will have control over the number of U-Hauls 

on the property? 

Mr. Ramsey stated he definitely would. 


COUNCILMAN BUTLER LEFT THE MEETING AT 8:17 P.M. 




IV. 


MIS 

C1 

AUTHORIZATION FOR THE PURCHASE OF IBM AS/400, HEWLETT PACKARD 

THIN CLIENTS AND SUPPORT SERVICES CompServ Inc. 

Authorization to purchase IBM AS/400, Hewlett Packard Thin Clients and support services 

from CompServ Inc (2325 Ulmerton Rd, Suite 16, Clearwater, Fl 33762) under state 

contract 250-000-03-1 at a cost of $208,385.95. To be charged to account 501-851-5-621- 

08. 

Authorization to purchase IBM AS/400, Hewlett Packard Thin Clients and support services 

from CompServ Inc at a cost of $208,385.95. To be charged appropriate account. 

PUBLIC WORKS 

C2 AWARD OF BID 03/025 – 102ND AVENUE TRIANGLE SEWER 

EXPANSION/POTABLE WATER IMPROVEMENT – Rowland, Inc. 


Three (3) bids were received with Rowland, Inc. (6855 102 nd Avenue N., Pinellas Park, FL 

33782) being the low bidder with a bid submittal of $1,694,767.25. The bid consists of 

$1,375,970.10 for the sewer portion to be taken out of account 301-381-5-793-10 and 

$318,797.15 for the water portion to be taken out of account 301-381-5-779-16. 

Authorization to award bid 03/025, 102 nd Avenue Triangle Sewer Expansion/Potable Water 

Improvement to Rowland, Inc., 6855 102 nd Avenue N., Pinellas Park FL 33782 in the 

amount of $1,694,767.25 to be charged to the appropriate account. 

C3 

AUTHORIZATION FOR NEGOTIATIONS – ENGINEERING/CONSULTANT 

SERVICES FOR MODIFICATIONS OF PUMP STATIONS NO. 1 AND NO. 2 

IMPROVEMENTS 

The Selection Board, in accordance with Resolution 91-31, has reviewed the proposals 

submitted and recommends two consultants in the following order: 1)McKim & Creed and 

2)DRMP, Inc. Upon Council’s recommendation and authorization, the City Manager will 

negotiate competitively with the most qualified firm. Should the City Manager fail to reach 

an agreement, the City Manager will negotiate with the remaining firms in order of 

preference, in accordance with Section 287.055, Florida Statutes. 

Authorization for the City Manager to negotiate with the firms recommended by the 

Selection Board, in order of preference as recommended, for Engineering/Consultant 

Services. 





C4 



NORTH (KUTSAYEV, YURIY AX05-19) 



property is vacant. Owner plans to construct a heavy automobile repair facility and office on 

the site. 

C5 

ORDINANCE NO. 3336. DE-ANNEXING OUT OF THE CITY OF PINELLAS 

PARK, FLORIDA, A CERTAIN SEGMENT OF RIGHT-OF-WAY GENERALLY 

KNOWN AS THE WEST ½ OF 66 TH STREET FROM THE CENTERLINE OF 92 ND 

AVENUE NORTH, NORTH 459 FEET TO THE NORTH LOT LINE OF THE PALM 

GROVE MOBILE HOME PARK, LYING WITHIN SECTION 19, TOWNSHIP 30 

SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA (ROAD RIGHT-OF- 

WAY DAX05-01) 


This is a companion ordinance to the annexation ordinance for the property located at 9380 

67 th Street North (Trademark Metals Recycling, LLC AX05-24). This de-annexation by 

ordinance of the 459 foot segment of right-of-way on 66 th Street North, lying between 92 nd 

Avenue North and the north lot line of the Palm Grove Mobile Home Park, is essential to 

comply with County Ordinance 00-63 and to voluntarily annex the Trademark Metals 

Recycling, LLC property and other properties in the area without forming any enclaves. 

C6 



NORTH – (Trademark Metals Recycling LLC - AX05-24) 


This is a voluntary annexation of 11.47 acres MOL of commercial property. Trademark 

Metals recycling plant is located on the site. 





CERTAIN PARCELS OF LAND GENERALLY LOCATED AT 6086 

(VILLANUEVA) AND 6110 (LUCIANO) 109 TH TERRACE NORTH (MANUEL K. 

VILLANUEVA AX05-26) (VINCENT C. LUCIANO AND ANNE M. LUCIANO 

AX05-27) 



Owner’s mobile home, with improvements, is located on each of these sites. 

C8 


CERTAIN PARCELS OF LAND GENERALLY LOCATED AT 6143 108 TH AVENUE 

NORTH (MARGARET M. MACINTOSH - AX05-25) 


This is a voluntary annexation of 0.14 acres MOL of residential property. The owner’s 

single-family home is located on the site. 



NORTH AND 6011 109 TH AVENUE NORTH (KAMP CUSTOM HOMES 

CORPORATION AX05-29 AND AX05-30) 


This is a voluntary annexation of 0.28 acres MOL of residential property. The Owner plans 

to construct a single-family home on each of these sites. 



NORTH (AX05-37) AND 6041 105 TH AVENUE NORTH (AX05-36) (AMERICAN 

HOUSING CORPORATION AX05-37) (AMERICAN HOUSING CORPORATION 

AX05-36) 



to build two single-family homes, one on each lot. 





CERTAIN PARCELS OF LAND GENERALLY LOCATED AT 6150 109 TH 

TERRACE NORTH (AX05-28), 6196 109 TH TERRACE NORTH (AX05-38), AND 6137 

106 TH AVENUE NORTH (AX05-39) (WILLIAM MCCRACKEN AND JOAN 

MCCRACKEN AX05-28) (DIANNA PARKER AX05-38) (CHARLENE COLTS 

AX05-39) 



Owners’ mobile homes, with improvements, are located on each of these sites. 

COUNCILMAN BUTLER RETURNED TO THE MEETING AT 8:19 P.M. 

C12 

ORDINANCE NO. 3332. 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 THE NORTHWEST CORNER OF 58 TH 

STREET NORTH AND 94 TH AVENUE NORTH FROM “R-3” SINGLE-FAMILY 

RESIDENTIAL TO “R-3” SINGLE-FAMILY RESIDENTIAL WITH AN “RPUD” 

RESIDENTIAL PLANNED UNIT DEVELOPMENT OVERLAY AND ADOPTING A 

MASTER PLAN AND SUPPORTING DOCUMENTATION FOR AN "RPUD" 

RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR TWENTY SINGLE- 

FAMILY DWELLINGS, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT 

"A" WHICH IS ATTACHED HERETO AND MADE A PART THEREOF; 

IMPOSING 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 EXTENT OF SUCH CONFLICT; PROVIDING FOR AN 

EFFECTIVE DATE. (PUD 2005–2 – Stross Estates/Robert Pergolizzi) 

FIRST READING PRIOR TO PUBLIC HEARING (QUASI JUDICIAL) 

(May 26, 2005 – Public Hearing) 

The applicant is requesting approval of an “RPUD” Residential Planned Unit Development 

and the adoption of a Master Plan for the development of a twenty-lot, single-family 

subdivision with gated access for a parcel of land generally located on the northwest corner 

of 58 th Street and 94 th Avenue. The applicant is also requesting variances to the following: 

creation of a gated private right-of-way and the minimum lot frontage on a right-of-way from 

40 feet to 37.5 for Lot Number 7. Surrounding land uses are: to the north, east, and west, 

single-family dwellings; to the south, single-family dwellings, a City retention pond, and 

Drainage Channel No. 1. On April 7, 2005, the Planning and Zoning Commission 

recommended Approval of the rezoning and Master Plan based on the "Responses of 

Relevant Consideration 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. 




C13 

ORDINANCE NO. 3333. 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 


OF ULMERTON ROAD AND 40 TH STREET; AND ADOPTING A MASTER PLAN 

AND DEVELOPMENT STANDARDS FOR A “PUD” PLANNED UNIT 

DEVELOPMENT, LOCATED ON A CERTAIN PARCEL OF LAND BEING 4.61 

ACRES MOL, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF 

ULMERTON ROAD AND 40 TH STREET, AND MORE PARTICULARLY 

DESCRIBED IN EXHIBIT “A” WHICH IS ATTACHED HERETO AND MADE A 

PART HEREOF; CERTIFYING CONSISTENCY WITH THE CITY’S ADOPTED 

COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF ORDINANCES OR 


SUCH CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. (PUD 2005–1 – P.B. 

Realty/Timothy Johnson) 

FIRST READING PRIOR TO PUBLIC HEARING (QUASI JUDICIAL) 

(May 26, 2005 – Public Hearing) 

The applicant is requesting to rezone the entire property from "CH" Heavy Commercial to 

"CH" Heavy Commercial with a "CPUD" Commercial Planned Unit Development Overlay. 

The proposed "CPUD" Master Plan provides for the development of the property with a sixstory 

128-room hotel and a vacant outparcel that will be developed at a later date. The 

adjacent Zoning districts are: north – “C-2”, General Retail Commercial and Limited 

Services District and “C-3”, Commercial, Wholesale, Warehouse, and Industrial Support 

District (County); south – “M-1” Light Industrial; east – “C-2”, General Retail Commercial 

and Limited Services District (County) and west “IH” Heavy Industrial. On April 7, 2005, 

the Planning and Zoning Commission recommended Approval of the rezoning and Master 

Plan based on the "Responses of Relevant Consideration 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. 




C14 




PARCEL OF LAND FROM “CH” COMMERCIAL HEAVY TO “M-1” LIGHT 

INDUSTRIAL, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" 

ATTACHED HERETO AND MADE A PART HEREOF; CERTIFYING 

CONSISTENCY WITH 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 ON A CERTAIN PARCEL OF LAND LOCATED AT 

10566 66 th STREET. (Z 2005-2 – Kevin Piquet) 


(Public Hearing, May 26, 2005,– QUASI-JUDICIAL) 

The applicant is proposing a rezoning from “CH” Heavy Commercial to “M-1” Light 

Industrial on approximately 2.25 acres located at 10566 66 th Street, for the proposed 

development of light industrial uses. With the proposed rezoning this parcel will be brought 

into conformance with the existing Land Use Plan Map designation of Industrial Limited 

(IL). At its meeting on April 7, 2005 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. 


The abutting Zoning Districts are: to the north “M-1” Light Industrial and “B-1” (County); 

to the south “M-1” (County); to the east “B-1” General Commercial; and to the west 

“IPUD” Industrial Planned Unit Development. 




CITY CLERK 

C15 

ORDINANCE NO. 3334. AMENDING CHAPTER 8 (ELECTION CODE), BY 

AMENDING ARTICLE I “DEFINITIONS; VOTER REGISTRATION”, SECTION 

8-102 DEFINITION OF ELECTION, ARTICLE II, “CANDIDATES”, SECTION 8- 

203 “METHOD OF QUALIFYING PURSUANT TO CITY CHARTER”, 

SUBSECTION (C)1. “ELECTIONS ASSESSMENT” AND ARTICLE VII 

“CAMPAIGN SIGNS”, SECTION 8-701, SUBSECTION (A) TO CORRECT 

SCRIVENER ERRORS. 


This Ordinance will correct scrivener errors within Chapter 8 “Election Code”. 


C16 

ORDINANCE NO. 3335. AMENDING CHAPTER 8 (ELECTION CODE), ARTICLE 

III – ISSUE ELECTIONS BY CREATING A NEW SECTION 8-408 “EARLY 

VOTING”, BY PROVIDING FOR AN EARLY VOTING OPT OUT PROVISION. 


This Ordinance will allow the City to exercise its right to exempt itself from the provisions of 

Section 101.657, Florida Statutes. 


appropriate, Items C1 thru C16 inclusive, with Items C4 thru C16 being First Reading Prior 

to Public Hearing and SECONDED by Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 







R1 CONSIDERATION OF AN AMENDMENT TO AN APPROVED PRELIMINARY 




10551 47 TH STREET. (MS 2005-9 – Noland Properties/Bricklemyer, Smolker & Bolves, 

P.A.) 








Industrial Zoning District use if the property abuts or functionally residential zoning. The 

proposed amendment to the site plan must be reviewed by City Council. City Council may 

require the developer to install additional buffering in order to reduce or eliminate the 



City Attorney Denhardt stated this is a continuation of a quasi-judicial proceeding concerning 

a parcel of land that Council has discussed at several meetings and if any Councilmember has 

viewed the property that is acceptable but at this time they should indicate they have viewed 

the property for the applicant’s knowledge. 

Mayor Mischler stated on May 12, 2005, he drove by and observed the south side of the 

property. 

Zoning Director Neal gave a presentation outlining this item. 

Attorney Brooks stated Mr. Fagen has been hired as an expert consultant for sound 

mitigation. 

City Attorney Denhardt asked if Mr. Fagen is going to be present to provide live testimony? 

Attorney Brooks stated Mr. Fagen will not be present but he provided an affidavit with 

regards to his testing and what his conclusions are. 

City Attorney Denhardt stated Council is welcome to accept the affidavit into evidence 

recognizing that the affiant is not present to subject to any cross examining or questioning. 




Attorney Brooks gave a presentation outlining the exhibits that represent the sound metering 

that Mr. Fagen conducted on the Noland property. 

Attorney Brooks provided information on two alternative site plans and he stated outdoor 

storage is a permitted use in the M-1 District and he read excerpts from the Land 

Development Code. Attorney Brooks entered into the record examples of the Noland 

Property daily inspection reports and Florida Department of Transportation annual vehicle 

inspection reports the applicant’s vehicles must comply with. 

Attorney Brooks stated his applicant has proposed in their conditions that if the sound barrier 

cannot be constructed by July 15, 2005, then everything in the back of the building will be 

removed until that happens. 

Peter White, 7197 120 th Avenue, stated he would like to see Noland Properties given the 

chance to adhere to the regulations. 

Cecil Bradbury, 9400 50 th Way, stated it looks like a sound barrier will help the neighboring 

residents and the business itself. He stated hopefully this can be concluded and allow the 

development to be a corporate citizen and provide residents relief from the sound. 

Mayor Mischler stated prior to tonight the conditions stipulated that movement of materials 

in the outdoor storage areas shall not occur before 9:00 a.m. but the proposal changes to 8:00 

a.m. and asked who made the change? 

Zoning Coordinator Aukstilkalnis stated it was agreed by Council at a previous Council 

Meeting the start time will be 8:00 a.m. 

Mayor Mischler asked what the required employee parking places are at this location? 

Zoning Director Neal stated there are 28 required spaces. 

Mayor Mischler stated the analysis shows the parking ratio conforms to the intended use on 

the last expansion allowing three extra parking places in addition to the 28. 

Attorney Brooks stated he has counted 32 spaces and he is not sure where the discrepancy is. 

Mayor Mischler objected to that. 

Mayor Mischler asked how many employees are at this location? 

Attorney Brooks stated there are nine employees and provided information about where they 

will park. 

Mayor Mischler asked what time the employees start work? 




Terry Grannis, 10551 47 th Street, Noland Property Manager, stated normal business hours are 

7:00 a.m. to 5:00 p.m. 

Discussion was held on shared parking, procedures and time frames for loading trucks. 

Mayor Mischler asked if there is any way the applicant can add onto their building to have 

everything put inside where the racks currently are in the back. 

Attorney Brooks stated it would require a variance and a door which he understood isn’t a 

good alternative. 

Mayor Mischler stated if there was a door then loading could be done from inside the 

building and possibly knock the decibel readings down further. 

Attorney Brooks stated is would be roughly $75,000 to build the sound barrier. 

Mayor Mischler stated his concern is that the applicant is affecting the health, safety and 

welfare by disturbing the existing residents that are all senior citizens and asked what if the 

sound barrier doesn’t work. 

Attorney Brooks stated Pinellas Park has a noise ordinance that could address that problem. 

Discussion was held on diesel trucks. 

Mayor Mischler stated he has to take into consideration the proximity of those living in this 

particular area. 

Attorney Brooks stated the code does not consider race, color and age. 

Discussion was held on parking space requirements, pipe storage and the two alternative site 

plans the applicant submitted. 

Attorney Brooks stated he was very clear at the last Council Meeting the reason he was 

requesting a continuance was to look at a sound barrier option. 

Mayor Mischler stated that he recalls that Council requested all pipe be removed from the 

east side to the west side of the building and now it is requested for pipe to be stored on the 

east side. 

Attorney Brooks stated the applicant has evaluated that suggestion and it does not 

accommodate enough pipes. 

Mayor Mischler stated that is why he is looking at another alternative. 




Councilwoman Bradbury asked if the area proposed for moving the trucks, storage and 

loading would inhibit their movement? 

Attorney Brooks stated currently the trucks are backing into that area and he would anticipate 

they will back up to the proposed storage area. 

Discussion was held on where the vehicles would be stored in the evening. 

Marge Petroff, 4514 Superior Lane, asked for Mr. Fagen’s first name, where he is from and 

his qualifications? 

Attorney Brooks provided Ms. Petroff with Exhibit “A” that outlines Mr. Fagen’s 

credentials. 

David Fisher, 4374 Otter Lake Court, spoke in opposition to this item stating concern with 

the noise analysis conducted, yelling by workers on the property, storage of metal pipe, 

storage on the back of the building, customer trucks loading in the back of the building, 

current parking conditions and where the pipe is being stored. 

Mr. Fisher stated he would like to submit letters from residents and pictures of customers 

loading trucks in the back of the property. 

Attorney Brooks stated no more pictures because Mr. Fisher has taken photographs while 

standing on Noland Property and they are not coming into the record. Attorney Brooks stated 

he is not objecting, he is just coming into the record. 

Mr. Fisher stated the pictures were taken on his property and they show that rules are not 

being abided by and he requested that Council not allow anything on the back of the property 

but the cars that were meant to be there in the first place. He stated that a disabled space is 

being blocked by pipes. 

Mr. Fisher presented letters and pictures into the record. 

City Attorney Denhardt requested that Mr. Fisher state for the record when he took the 

photographs. 

Mr. Fisher stated the dates on the photographs are the dates they were taken. 

Attorney Brooks stated if the pictures are going to be accepted then he gets an opportunity to 

look at the photographs and cross examine Mr. Fisher. 

City Attorney Denhardt asked if Attorney Brooks is objecting to the introduction of the 

photographs. 




Attorney Brooks stated he is objecting because the photographs were taken on someone 

else’s property or the Noland property therefore he objects to all the photographs. 

City Attorney Denhardt stated that if the Mayor wishes to accept the photographs then 

certainly the board can accept them. 

Everett Conger, 4512 Superior Lane, spoke in opposition to this item based upon concerns 

with the sound reading and asked what type of material will be used for the sound barrier and 

if the wall will be hurricane resistant? 

Mayor Mischler stated the construction of the wall will have to meet Pinellas Park codes. 

Mr. Conger stated concern with the growth of the applicant’s business that would mean more 

employees and more business. 

William Sass, 4388 Otter Lake Court, stated he will testify that he watched Mr. Fisher take 

the pictures and he did not go onto the Noland property. 

Mr. Sass asked when you put up a sound barrier where does the sound go? He explained he 

lives where the proposed sound barrier ends. 

Carmen Festa, 4510 Superior Lane, asked how and where the decibel readings were taken, 

who took them and did they trespass on Mr. Fisher’s property when they took them? 

Mr. Festa stated he lives 300 yards away from the property and he can hear the noise from 

this property, therefore something is wrong. 

Judy Festa, 4510 Superior Lane, asked if hurricane strength winds hit these pipes will it force 

them over the wall causing them to hit people and houses? 

June Bredehoft, Lakes Homeowner’s Association President, stated she does not think it is 

appropriate the applicant wants to do what they are doing. She thanked Council for the hours 

they have spent trying to decipher what is a good decision. 

Attorney Brooks provided information in response to questions asked on the following items: 

the margin of error/probability with the sound analysis, storage and loading of pipe, 

information provided by Cecil Bradbury, hurricane issues, growth of the business and where 

a sound wall will send noise. 

Attorney Brooks stated he thought he was bringing back to Council a creative long term 

permanent solution and there is not a single code requirement that his proposal does not 

comply with. 

Attorney Brooks requested that if Council is going to deny the site plans then they state for 

the record specific reasons, facts and conclusions in that regard. 




Assistant City Manager/Community Development Administrator Shevlin read an exerpt of a 

letter written by the City to the applicant outlining permitted uses and stated the letter does 

not specifically indicate that outdoor storage is permitted. 

Attorney Brooks stated that response did not clearly indicate that outdoor storage is not 

permitted. 

Attorney Brooks stated his client would like to permanently lock or weld the overhead door 

because it would be an unnecessary cost to remove the door completely. 

Discussion was held on the parking requirements in comparison to the parking proposed 

upon the site plan and forklift noise. 


to APPROVE the Preliminary Site Plan for the proposed outdoor storage use generally 

located at 10551 47 th Street, with the following conditions: 

1. No outdoor storage shall be higher than six feet or height of wall. 

2. No storage shall be in drainage swale. 

3. Parking requirements shall be met. 

4. Overhead door shall be eliminated and permanently welded. 

5. A signaling device should be installed for drive aisles with storage racks 

encroaching into required drive lane. 

6. Movement of material in the outdoor storage area shall not occur before 8 a.m., or 

after 6 p.m. 

7. Drainage of property shall not be impacted by installation of sound barrier. 

8. Storage area located on the southwest corner, as indicated on the site plan, shall 

be shielded from view of the right-of way by a solid gate. 

9. No metal pipes are to be stored in the rear. 

Councilman Butler stated he would like to make reference to Site Plan B, presented this 

evening, as part of this motion, with no parking the rear. 

Attorney Brooks stated he is caught in a dilemma by the motion because if the hours of 

operation are applied, then employees cannot theoretically get back to the storage area. 

Attorney Brooks stated the hours would have to overlap at least an hour before or an hour 

after so that the concept of this shared use could work. 

Discussion was held on the changing the motion to include changes to the height of storage 

and adding conditions submitted on behalf of Noland properties. 

MOTION was made by Councilman Butler and SECONDED by Councilwoman Bradbury 

to WITHDRAW this motion. 





to APPROVE the Preliminary Site Plan for the proposed outdoor storage use generally 

located at 10551 47 th Street, with site plan #2 as presented by Attorney Brooks May 12, 2005 

at 10:05 P.M. and the following conditions: 

1. The outdoor storage of materials shall be limited to: 

a. Front outdoor storage shall be permitted in the area depicted on the Site Plan at a 

height not to exceed with (8) feet. The front storage area shall be enclosed with an 

eight (8) foot high chain link fence, as measured from grade, and shall contain PVC 

or similar slats such that the outdoor storage is not visible from the public right-ofway. 

b. Side door outdoor storage (North) – Side outdoor storage shall be permitted in the 

area depicted on the Site Plan. The side storage shall be located within a rack system 

not to exceed twelve (12) feet in height and five (5) feet in width. 

A signalization mechanism or reflective mirror shall be installed on the east and west 

end of the building to alert vehicles entering the One-way Directional Driveway of 

oncoming traffic. 

b1. Rear storage shall not be higher than (10) ten feet. 

c. Rear outdoor storage – Rear outdoor storage shall be permitted in the area depicted 

on the Site plan at a height not to exceed ten (10) feet. Such storage racks shall not 

touch nor be physically connected to the sound barrier. 

After July 15, 2005, no rear outdoor storage shall be allowed until the sound barrier is 

completed. 

2. A fourteen (14) foot sound barrier with a minimum Sound Transmission Class rating 

of 23 (STC 23) shall be constructed in the rear of the property as depicted on the Site 

Plan. The sound barrier shall be finished on all sides facing a residentially zoned 

property. 

3. The existing overhead door in the rear of the building shall be permanently welded. 

4. After July 15, 2005, the parking spaces in the rear of the building shall be used only 

for the parking of employee vehicles between customer business hours of 7:00 a.m. 

to 5:00 p.m. 

5. Condition #5 was eliminated. 

5a. No metal pipes shall be stored in the rear of the site plan property as provided this 

evening. 

6. The hours of operation shall start at 8:00 until 6:00 p.m. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

MOTION DENIED 

Councilman Taylor stated this operation has outgrown this site. He stated this site was 

designed for customer service in the front, storage inside and employee parking in the rear. 

Councilman Butler stated the City has funds available for neighborhood improvements that 

could possibly be used to extend the sound wall along the industrial area to provide the Lakes 

peace and quiet. 

Councilwoman Bradbury stated she agrees with Councilman Butler but she does not believe 

funds are available until 2015. 

Mayor Mischler stated he concurs with Councilman Taylor because the site has overgrown 

what it was intended to be and he cannot support what is in front of him. 

City Attorney Denhardt stated the motion has been denied and if it is the intent of Council to 

deny the request to change the site plan, there must be another motion to deny it with some 

findings in it and he explained substantial competent evidence. 

Attorney Brooks stated there is a lawsuit that Attorney Denhardt is the Attorney of record on 

regarding Code Enforcement and the City of Pinellas Park and Attorney Denhardt is giving 

Council advice which is a violation of due process and he objects on the record. 

City Attorney Denhardt read Land Development Code Section 18-1506.23 and suggested if it 

is Council’s intention to deny the application, then there needs to be a motion to that effect 

based upon whatever findings they wish to make. 

Mayor Mischler asked what else Council can do? 

Attorney Denhardt stated Council can leave it as is or allow them to come back with another 

plan but their current application has not been approved or granted based upon sufficient 

competent evidence and sufficient fairly debatable evidence in the record to justify that 

decision Council has made. 




Vice-Mayor Bailey-Snook stated she is concerned that Noland Properties does not care about 

the Lakes citizenry or code enforcement violations. 

Councilman Butler stated at this time he chooses to stand by his vote and make no further 

comments. 

Councilwoman Bradbury stated the citizens of the Lakes and City Attorney Denhardt have 

tried to work it out with Noland Properties and she thought they had something to make 

everybody happy with this motion. 

Councilman Taylor stated the motion failed to pass and that is how it will stay for now. 

Mayor Mischler stated at the last meeting he was left with the impression the applicant would 

come back with a plan that would be no storage on the east side of the property and that is 

not what was presented, therefore he feels the motion should stand. 

City Attorney Denhardt stated he had a phone conversation with Attorney Brooks concerning 

an unrelated matter and Attorney Brooks stated that Council’s prior action at a meeting had 

granted approval of permanent conditions. 

City Attorney Denhardt stated he thinks it is appropriate for Council to indicate whether they 

thought they had granted any kind of permanent interim conditions or whether the approval 

given was a condition of the deferral of the case. 

Attorney Brooks stated he objects to City Attorney Denhardt advising City Council on 

something where he serves as counsel. 

Mayor Mischler asked Council if they felt they had given approval of some permanent 

situations before they voted tonight. 

Vice-Mayor Bailey-Snook stated there was a meeting of the minds on things she thought 

Noland Properties was going to go back and do; only to hear form people that it wasn’t done. 

Councilman Butler stated he is not willing to make any further statement on this issue. 

Councilwoman Bradbury stated she knows they did have some understandings that Noland 

Properties was going to try to work with the citizens. 

Councilman Taylor stated he cannot recall any specific directives but he does not think 

Attorney Brooks has not complied with anything he has said. 

Mayor Mischler stated he agrees with Councilman Taylor that Council did not give anything 

as a permanent solution. 




Councilwoman Bradbury stated Council asked Attorney Brooks to have pipes moved to the 

front and some of that request was complied with. 

Attorney Brooks stated Noland Properties is going to have to move and requested Council 

approve storage in the front and on the side until they can find a place to relocate. 

Vice-Mayor Bailey-Snook requested if a continuation is granted that Attorney Brooks ask the 

owners not to harass the Lakes residents during that time. 

Attorney Brooks stated he had a hearing before the Code Enforcement Board where he was 

told the Noland Property case would be continued until Council resolved the pending 

application but his client was given over a $20,000 lien. 

City Attorney Denhardt stated litigation was instituted by Attorney Brooks prior to the time 

Noland Properties was determined to be in violation and a fine was then imposed and that is 

a separate matter and Noland Properties would have the right to request the lien be reduced 

or eliminated. 




Mayor Mischler stated he does not want to discuss what is going on with the Code 

Enforcement Board. 


Discussion was held on the effects the proposed motion would have on bringing the property 

into compliance. 

Attorney Brooks requested that a site plan is approved with front and side storage and then 

the applicant will build the side racks and the front storage rack prior to July 15, 2005. 

Councilman Taylor clarified that all rear storage will then be relocated to the side or the front 

by July 15, 2005. 

Attorney Brooks stated yes it would. 

Attorney Brooks stated he would like a formal amendment to the site plan that allows that 

storage. 




City Attorney Denhardt stated there is an application for a site plan before Council and it has 

been denied and he would hate to see Council grant any kind of site plan approval if that is 

not their intention. Attorney Denhardt stated if that is their intention to allow temporary 

outdoor storage on the side and the front with hours of operation until July 15, 2005, then he 

thinks that can be expressed without amending the site plan. 

Attorney Brooks clarified that he is requesting the applicant is given somewhere to put 

outdoor storage on the side and in the front. 

Mayor Mischler stated that by July 15, 2005 there would be no more rear storage. 

Attorney Brooks stated that is what he is asking for. 

City Attorney Denhardt stated once a site plan is approved it is hard to un-approve it and 

asked why Council needs to do that by approving an amended site plan opposed to allowing 

some interim conditions until July 15, 2005. 

Attorney Brooks stated the racks will be built by July 15, 2005 and everything will be taken 

out of the rear until other suitable arrangements can be found. 

Discussion was held on verbiage for the motion 




MOTION was made by Councilwoman Bradbury and SECONDED by the Councilman 

Taylor to ALLOW Noland Properties to amend Site Plan B to have side storage and front 

storage, to remove from Site Plan B the rear storage and the sound barriers and this is to be 

completed by July 15, 2005, with hours of operation from 8:00 a.m. to 6:00 p.m. 

Councilwoman Bradbury clarified the motion is to remove the pipes by July 15, 2005 and not 

to add the sound barrier. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 


Discussion was held on the verbiage of the motion. 

Mr. Fisher stated he thinks there should be a cap on the time they can continue what they are 

doing because they do not listen to what Council says. 




R2 


AGREEMENT WITH YURIY N. KUTSAYEV (AX05-19) — Annexation of 0.34 acres 

MOL located at 9198 66 th Street North 


This is a voluntary annexation of 0.34 acres MOL of contiguous, vacant commercial 

property. The Owner plans to construct a heavy automobile repair facility and office on the 

site. 

Yuriy N. Kutsayev 

9198 66 th Street North 




Expended 


Waived 



♦ CITY staff shall approve OWNER(s) Site Plan, to be known as Exhibit “B”, 

attached hereto, made a part hereof and incorporated herein by reference, and 

shall recommend approval of such Site Plan to the City Council. The Parties 

understand and agree that drainage, building, life safety issues, and all other 

issues not specifically set forth herein, will be subject to all applicable codes 

if not specifically addressed in this Annexation Agreement. 

♦ Owner shall apply with the City to use the real Property as a “major 

automotive repair shop” Conditional Use, pursuant to the Land Development 

Code of the City. Owner shall have no obligation to pay any fees associated 

with the application process. The waived fees are estimated to be Four 

Hundred Ten Dollars ($410.00). 

♦ For twenty-four (24) months from the date of execution of this Agreement, 

City shall waive all City land development fees including the City potable 

water connection fee and the City sanitary sewer connection fee applicable to 

the development of the Property. This waiver of fees is estimated to be Two 

Thousand Four Hundred and Thirty Dollars ($2,430.00). 

♦ The City shall grant a waiver reducing the buffering requirement width along 

the west Property line from five feet to one foot, and the streetscape 

buffering requirement along 92 nd Avenue from six feet to three feet and six 

inches as shown in Exhibit "B. 

♦ The City agrees to allow the Owner to delay the installation of the required 

sidewalk along the north Property line, 92 nd Avenue, until such time as the 

surrounding area is developed. The OWNER agrees when the CITY deems 

that the surrounding property is developed, the OWNER shall install the 

required sidewalk at the Owner’s expense. 

♦ The City shall waive the amount of One Thousand Seven Hundred Dollars 

($1,700.00) for the cost and installation of one fire hydrant to serve the 

Property, to be installed by the City, subject to all applicable codes. 

♦ Owner shall dedicate a 10-foot-wide General Utility Easement across the 

west side of the Property to the City. 





MOTION was made by Councilwoman Bradbury and SECONDED by Councilman Taylor 

to APPROVE authorization for Mayor to sign a voluntary Annexation Agreement with 

Yuriy N. Kutsayev for annexation of 0.34 acres MOL located at 9198 66 th Street North, and 

to approve of the applicant’s site plan, with such approval of the site plan to be effective 

upon the annexation of the applicant’s property into the City. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 


Vice-Mayor Bailey-Snook stated City fees are being expended on this item and she does not 

believe in waiving those fees. She provided information on recent waiver requests that 

Council denied. 

Vice-Mayor Bailey-Snook there is $60,280 in waivers requested at this meeting and she 

wants to defend and protect these monies that belong to the taxpayers. 

Councilman Taylor stated the expenditure is $4,540 and the annual income will be $4,000 

paid to the City. 

Mayor Mischler stated if Council wants to stop growth then annexations can be stopped 

because there is no incentive for people to come into the City. 

Discussion was held on recent requests for waivers of liens and fees. 

Peter White, 7197 120 th Avenue, stated Council needs to look more at helping out the 

citizens with Code Enforcement fines and liens. 




R3 


AGREEMENT WITH TRADEMARK METALS RECYCLING LLC (AX05-24) — 

Annexation of 10.76 acres MOL located at 9380 67 TH Street North 



Trademark Metals Recycling is located on this site. The Owner plans to add two office 

buildings and two warehouse buildings. 

Trademark Metals Recycling LLC 

9380 67 th street North 


Annual 

Revenue 


Expended 


Waived 




♦ City staff to recommend approval of OWNER’S site plan to City 

Council. 

♦ CITY to allow the continuance of the existing non-conforming use 

and within 84 months OWNER may apply for expansion of said 

non-conforming use at no charge ($225). 

♦ Current operating hours may continue after annexation. In case of 

emergency or disaster, hours may be extended without prior 

approval of the CITY. 

♦ CITY agrees that current and future operations fall within 

acceptable guidelines and do not impact the area adversely. 

♦ CITY to waive land development fees for 60 months ($19,650). 

♦ OWNER to comply with drainage and water retention requirements 

of SWFWMD and the CITY. 

♦ OWNER may apply for vacation of a portion of 68 th Street right-ofway 

south of 94 th Avenue at no charge ($225). 

♦ OWNER shall deed the north fifteen (15) feet of the property 

between 66 th Street and 68 th Street to the CITY as additional rightof-way 

for 94 th Avenue North. 

♦ OWNER may apply for rezoning of Parcel “D” from B-1 to M-1 at 

no charge ($290) 







Trademark Metals Recycling LLC for annexation of 10.76 acres MOL of contiguous 

commercial property located at 9380 67 th Street North, and to approve of the applicant’s site 

plan, with such approval of the site plan to be effective upon the annexation of the 

applicant’s property into the City. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 


Vice-Mayor Bailey-Snook asked why there is a one year and a five year fee waiver? 

City Manager Gustafson stated this is just one time waiver for $20,390. 

Councilwoman Bradbury stated she is happy this business will be in the City of Pinellas Park 

and she feels that waived fees will be made up quite quickly. 

Discussion was held on the request for the existing and expansion of the non-conforming use 

for this property. 

Ron Moble, Trademarks Recycling, stated any construction on the non-conforming use 

property is considered an expansion under the Pinellas Park Code. He stated buildings will be 

added to move outdoor operations to an indoor environment, to add employee break rooms 

and processing and storage areas. 

Mr. Moble stated he believes these improvements will actually lessen external impacts and 

this buildout will take five to seven years. 

Councilman Butler stated he agrees work needs to be done inside walls. 

Discussion was held on the surrounding properties. 

Delinda Rickerts, Palm Grove Village Manager, spoke in favor of this annexation if it 

reduces some of the noise and operations may be moved inside. 




R4 


MARGARET M. MACINTOSH (AX05-25) — Annexation of 0.14 acres MOL located 

at 6143 108 th Avenue North 


single-family home is located on this site. 

Margaret M. Macintosh 





Expended 


Waived 




to APPROVE the voluntary annexation of 0.14 acres MOL of residential property owned by 

Margaret M. Macintosh and located at 6143 108 th Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Councilman Butler stated there were no City fees waived. 




R5 


MANUEL K. VILLANUEVA (AX05-26) — Annexation of 0.14 acres MOL located at 




Manuel K. Villanueva 





Expended 


Waived 




to APPROVE the voluntary annexation of 0.14 acres MOL of property owned by Manuel K. 

Villanueva and located at 6086 109 th Terrace North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






R6 


VINCENT C. LUCIANO AND ANNE M. LUCIANO (AX05-27) — Annexation of 0.14 

acres MOL located at 6110 109 th Terrace North 



Vincent C. Luciano and 

Anne M. Luciano 





Expended 


Waived 




to APPROVE the voluntary annexation of 0.14 acres MOL of property owned by Vincent 

C. Luciano and Anne M. Luciano and located at 6110 109 th Terrace North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






R7 


WILLIAM MCCRACKEN AND JOAN MCCRACKEN (AX05-28) — Annexation of 

0.14 acres MOL located at 6150 109 th Terrace North 



William McCracken and 

Joan McCracken 





Expended 


Waived 




to APPROVE the voluntary annexation of 0.14 acres MOL of property owned by William 

McCracken and Joan McCracken and located at 6150 109 th Terrace North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Councilman Butler stated no City fees were waived. 




R8 


KAMP CUSTOM HOMES CORPORATION (AX05-29) — Annexation of 0.14 acres 



to construct a single-family home on the site. 

Kamp Custom Homes Corp. 

6020 106 th Avenue N. 




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 Three Thousand Dollars ($3,000.00). This 

waiver of fees will include the City potable water connection fee and City 

sanitary sewer connection fee. 


to APPROVE authorization for Mayor to sign an Annexation Agreement with Kamp 

Custom Homes Corporation for annexation of 0.14 acres MOL located at 6020 106 th Avenue 

North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 


Councilwoman Bradbury stated fees are being waived and this property did have a mobile 

home and now has a single family home. 




R9 











Expended 


Waived 










Custom Homes Corporation for annexation of 0.14 acres MOL located at 6011 109 th Avenue 

North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 





R10 


AMERICAN HOUSING CORPORATION (AX05-36) — Annexation of 0.14 acres 




American Housing Corporation 





Expended 


Waived 









to APPROVE authorization for Mayor to sign an Annexation Agreement with American 

Housing Corporation for annexation of 0.14 acres MOL located at 6041 105 th Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 





R11 





to construct two single-family homes, one on each lot. 






Expended 


Waived 




development fees, applicable for the construction of two single-family 

homes on the Property, estimated to be Six Thousand Dollars ($6,000.00). 

This waiver of fees will include the City potable water connection fee and 

City sanitary sewer connection fee. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 





R12 


DIANNA F. PARKER (AX05-38) — Annexation of 0.14 acres MOL located at 6196 




Dianna F. Parker 





Expended 


Waived 



MOTION was made by Vice-Mayor Bailey-Snook , and SECONDED by Councilman 

Butler to APPROVE the voluntary annexation of 0.14 acres MOL of property owned by 

Dianna F. Parker and located at 6196 109 th Terrace North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Councilman Butler stated there were no City fees were waived. 




R13 


CHARLENE COLTS (AX05-39) — Annexation of 0.28 acres MOL located at 6137 

106 th Avenue North 



Charlene Colts 





Expended 


Waived 




to APPROVE the voluntary annexation of 0.28 acres MOL of property owned by Charlene 

Colts and located at 6137 106 th Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






MISCELLANEOUS 

M1 

VIETNAM VETERANS 

Peter White, 7197 120 th Avenue, stated he is concerned whether Americans will be there 

for war veterans twenty years down the road. 

M2 

NOLAND PROPERTIES 

Cecil Bradbury, 9400 50 th Way, stated he provided information to Attorney Brooks for a 

sound barrier to help the neighbors in the Lakes and to keep the business in the City. 

M3 

THANK YOU 

Muriel Bruno, 4121 69 th Avenue, commended Officer Rebel because he stood by her 

when her car died and he went above and beyond the call of duty. 

M3 

CODE ENFORCEMENT 

Councilman Butler asked if Attorney Denhardt is the Attorney for the Code Enforcement 

Board? 

City Attorney explained he serves as the Attorney advising the Code Enforcement Board 

but he is no longer the prosecutor for the board. 

Discussion was held on Code Enforcement and Noland Properties. 

Councilman Butler stated he would like Council to workshop concerns he has with 

Council communicating with volunteer boards. 

City Attorney Denhardt stated he is looking to Attorney Brooks’ concerns with Code 

Enforcement fines on the Noland Property. 

M4 

FUND RAISER 

Police Chief Thomas stated Pinellas Park High School is holding a fund raiser for a 

family that lost their home in a fire this week. 

M5 

RELAY FOR LIFE 

Police Chief Thomas stated Relay for Life is Friday, May 13, 2005. 




ADJOURNMENT 


Attest: 

_____________________________________ 



/cgg 

_____________________________________ 


Mayor 






MINUTES 

May 26, 2005 



PRESENT: 

ABSENT: 






None 

Also present were: City Attorney, James Denhardt - Assistant City Manager/Community Development 

Administrator, Tom Shevlin – Assistant Finance Administrator, Sonny Kotala – Community Activities 

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

Administrator, Randy Linthicum – Police Chief, Dorene Thomas –Fire Chief, Doug Lewis – Office of 

Management and Budget Administrator, Dan Katsiyiannis - Economic Development Specialist, Shannon 

Coughlin – Traffic Director, Rick Eggers – Streets and Drainage Division Director, Randal Roberts - 

Zoning Director, Dean Neal – Staff Assistant, Kelly Haworth – Administrative Clerk, Pam Martin - City 

Clerk, Diane M. Corna and Deputy City Clerk, Christine Gardner. 




PROCLAMATIONS 

Code Enforcement Officers’ Appreciation Week – June 6-10, 2005 

Poppy Days – May 28 and 29, 2005 





Doyle M. Davis – Senior Streets Maintenance Operator 


Wayne Crabtree – Senior Utilities Technician 

SPECIAL RECOGNITION 

Pinellas Park Thunderbird Varsity Flag Cheerleaders 

CONGRATULATIONS 

Mayor Mischler congratulated Brandy Benson for her acceptance to Florida Girls 

State. 

II. 


Approval of Regular Council Minutes of May 12, 2005, as on file in the City Clerk’s Office. 

MOTION was made by Vice-Mayor Bailey-Snook, and SECONDED by Councilman Butler to 

APPROVE the Regular Council Minutes of May 12, 2005, as on file in the City Clerk’s Office. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





III. 



P1 

ORDINANCE NO. 3336. DE-ANNEXING OUT OF THE CITY OF PINELLAS PARK, 

FLORIDA, A CERTAIN SEGMENT OF RIGHT-OF-WAY GENERALLY KNOWN AS 

THE WEST ½ OF 66 TH STREET FROM THE CENTERLINE OF 92 ND AVENUE 

NORTH, NORTH 459 FEET TO THE NORTH LOT LINE OF THE PALM GROVE 

MOBILE HOME PARK, LYING WITHIN SECTION 19, TOWNSHIP 30 SOUTH, 

RANGE 16 EAST, PINELLAS COUNTY, FLORIDA (ROAD RIGHT-OF-WAY 

DAX05-01) 


This is a companion ordinance to the annexation ordinance for the property located at 9380 67 th 

Street North (Trademark Metals Recycling, LLC AX05-24). This de-annexation by ordinance of 

the 459 foot segment of right-of-way on 66 th Street North, lying between 92 nd Avenue North and 

the north lot line of the Palm Grove Mobile Home Park, is essential to comply with County 

Ordinance 00-63 and to voluntarily annex the Trademark Metals Recycling, LLC property and 

other properties in the area without forming any enclaves. 





MOTION was made by Councilman Taylor, and SECONDED by Councilwoman Bradbury to 

PASS Ordinance No. 3336. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 







NORTH (KUTSAYEV, YURIY AX05-19) 



property is vacant. Owner plans to construct a heavy automobile repair facility and office on the 

site. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 









This is a voluntary annexation of 11.47 acres MOL of commercial property. Trademark Metals 

recycling plant is located on the site. 

City Manager Gustafson stated the applicant has requested this item be tabled until the Regular 

Council Meeting on June 23, 2005. 



MOTION was made by Councilwoman Bradbury, and SECONDED by Councilman Taylor to 

TABLE Ordinance No. 3338 until the June 23, 2005, Regular Council Meeting. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 







NORTH (MARGARET M. MACINTOSH - AX05-25) 


This is a voluntary annexation of 0.14 acres MOL of residential property. The owner’s singlefamily 

home is located on the site. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






CERTAIN PARCELS OF LAND GENERALLY LOCATED AT 6086 (VILLANUEVA) 

AND 6110 (LUCIANO) 109 TH TERRACE NORTH (MANUEL K. VILLANUEVA AX05- 

26) (VINCENT C. LUCIANO AND ANNE M. LUCIANO AX05-27) 


This is a voluntary annexation of 0.28 acres MOL of contiguous residential property. 

Owner’s mobile home, with improvements, is located on each of these sites. 

The 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






CERTAIN PARCELS OF LAND GENERALLY LOCATED AT 6150 109 TH TERRACE 

NORTH (AX05-28), 6196 109 TH TERRACE NORTH (AX05-38), AND 6137 106 TH 

AVENUE NORTH (AX05-39) (WILLIAM MCCRACKEN AND JOAN MCCRACKEN 

AX05-28) (DIANNA PARKER AX05-38) (CHARLENE COLTS AX05-39) 


This is a voluntary annexation of 0.56 acres MOL of contiguous residential property. 

Owners’ mobile homes, with improvements, are located on each of these sites. 

The 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 







NORTH AND 6011 109 TH AVENUE NORTH (KAMP CUSTOM HOMES 

CORPORATION AX05-29 AND AX05-30) 


This is a voluntary annexation of 0.28 acres MOL of residential property. The Owner plans to 

construct a single-family home on each of these sites. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P8 



NORTH (AX05-37) AND 6041 105 TH AVENUE NORTH (AX05-36) (AMERICAN 

HOUSING CORPORATION AX05-37) (AMERICAN HOUSING CORPORATION 

AX05-36) 


This is a voluntary annexation of 0.42 acres MOL of residential property. The Owner plans to 

build two single-family homes, one on each lot. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P9 



ORDINANCES AND CITY ZONING MAP BY REZONING A CERTAIN PARCEL OF 

LAND GENERALLY LOCATED AT THE NORTHWEST CORNER OF 58 TH STREET 

NORTH AND 94 TH AVENUE NORTH FROM “R-3” SINGLE-FAMILY RESIDENTIAL 

TO “R-3” SINGLE-FAMILY RESIDENTIAL WITH AN “RPUD” RESIDENTIAL 

PLANNED UNIT DEVELOPMENT OVERLAY AND ADOPTING A MASTER PLAN 

AND SUPPORTING DOCUMENTATION FOR AN "RPUD" RESIDENTIAL PLANNED 

UNIT DEVELOPMENT FOR TWENTY SINGLE-FAMILY DWELLINGS, AND MORE 

PARTICULARLY DESCRIBED IN EXHIBIT "A" WHICH IS ATTACHED HERETO 

AND MADE A PART THEREOF; IMPOSING 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 EXTENT OF SUCH CONFLICT; PROVIDING FOR 

AN EFFECTIVE DATE. PUD 2005–2 – Stross Estates/Robert Pergolizzi) 



The applicant is requesting approval of an “RPUD” Residential Planned Unit Development and 

the adoption of a Master Plan for the development of a twenty-lot, single-family subdivision with 

gated access for a parcel of land generally located on the northwest corner of 58 th Street and 94 th 

Avenue. The applicant is also requesting variances to the following: creation of a gated private 

right-of-way and the minimum lot frontage on a right-of-way from 40 feet to 37.5 for Lot 

Number 7. Surrounding land uses are: to the north, east, and west, single-family dwellings; to the 

south, single-family dwellings, a City retention pond, and Drainage Channel No. 1. On April 7, 

2005, the Planning and Zoning Commission recommended Approval of the rezoning and Master 

Plan based on the "Responses of Relevant Consideration 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. 




Victoria Merdock, 5800 94 th Avenue, asked if a modification could be made to reduce the 

number of homes built on this property. 

Robert Pergolizzi, Gulfcoast Consulting, stated he represents the applicant and provided 

information on the item pertaining to lot size, right of ways, retention ponds and the price range 

of homes in this development. 




Marshall Cook, 9300 54 th Street, stated concern with increased traffic and asked about the 

composition of the land the homes will be built on. 

Mr. Pergolizzi, stated soil samples are currently being performed. 

Conway Hill, 9871 58 th Street, explained his concerns with the increased traffic from this 

development. 

City Manager Gustafson explained where the location of the entrance will be for this 

development. 

Cecil Bradbury, 9400 50 th Way, provided information on the streets and easements in the 

proposed development area. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P10 ORDINANCE NO. 3333. 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 THE SOUTHWEST CORNER OF ULMERTON 

ROAD AND 40 TH STREET; AND ADOPTING A MASTER PLAN AND 

DEVELOPMENT STANDARDS FOR A “PUD” PLANNED UNIT DEVELOPMENT, 

LOCATED ON A CERTAIN PARCEL OF LAND BEING 4.61 ACRES MOL, 

GENERALLY LOCATED AT THE SOUTHWEST CORNER OF ULMERTON ROAD 

AND 40 TH STREET, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” 

WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; CERTIFYING 

CONSISTENCY WITH THE CITY’S ADOPTED COMPREHENSIVE PLAN; 


CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR 

AN EFFECTIVE DATE. (PUD 2005–1 – P.B. Realty/Timothy Johnson) 



The applicant is requesting to rezone the entire property from "CH" Heavy Commercial to "CH" 

Heavy Commercial with a "CPUD" Commercial Planned Unit Development Overlay. The 

proposed "CPUD" Master Plan provides for the development of the property with a six-story 

128-room hotel and a vacant outparcel that will be developed at a later date. The adjacent Zoning 

districts are: north – “C-2”, General Retail Commercial and Limited Services District and “C-3”, 

Commercial, Wholesale, Warehouse, and Industrial Support District (County); south – “M-1” 

Light Industrial; east – “C-2”, General Retail Commercial and Limited Services District (County) 

and west “IH” Heavy Industrial. On April 7, 2005, the Planning and Zoning Commission 

recommended Approval of the rezoning and Master Plan based on the "Responses of Relevant 

Consideration 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. 




Attorney Tim Johnson, stated he represents OTO Development and P.B. Realty and provided 

information on this item. Attorney Johnson requested that Council approve the change in zoning 

and the conditional use for the increase in height. 

Cecil Bradbury, 9400 50 th Way, stated he thinks this is a good use for this property and provided 

information on traffic impact caused by different developments. 





Mayor Mischler stated is proposed to put a Hampton Inn and Suites on this property. 

MOTION was made by Councilman Butler, and SECONDED by Vice-Mayor Bailey-Snook to 

PASS Ordinance No. 3333 with a conditional use specifically with height not to exceed sixty 

eight feet based upon the recommendations from staff. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Mayor Mischler stated he is looking forward to having this type of facility in Pinellas Park. 




P11 


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 “CH” COMMERCIAL HEAVY TO “M-1” LIGHT INDUSTRIAL, 

AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO 

AND MADE A PART HEREOF; CERTIFYING CONSISTENCY WITH CITY'S 

ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF ORDINANCES 


SUCH CONFLICT; PROVIDING FOR AN EFFECTIVE DATE ON A CERTAIN 

PARCEL OF LAND LOCATED AT 10566 66 th STREET. (Z 2005-2 – Kevin Piquet) 



The applicant is proposing a rezoning from “CH” Heavy Commercial to “M-1” Light Industrial 

on approximately 2.25 acres located at 10566 66 th Street, for the proposed development of light 

industrial uses. With the proposed rezoning this parcel will be brought into conformance with the 

existing Land Use Plan Map designation of Industrial Limited (IL). At its meeting on April 7, 

2005 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 “B-1” (County); to the 

south “M-1” (County); to the east “B-1” General Commercial; and to the west “IPUD” Industrial 

Planned Unit Development. 




Kevin Piquet, 6260 67 th Avenue, stated he is the applicant and is available to answer any 

questions Council may have. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P12 

CONSIDERATION OF AN APPROVAL OF A PRELIMINARY PLAT, CREATING 

SUBSTANDARD “R-1” SINGLE FAMILY RESIDENTIAL LOTS FOR A PARCEL OF 

LAND GENERALLY LOCATED AT 5545 62 ND AVENUE. (PL 2005-2 – Lighthouse 

Baptist Church of Pinellas/Broderick and Associates) 


The applicant is platting 0.588 acres into three 6,569 square foot substandard “R-1” lots for 

residential development. Section 18-1506.5(I) of the Land Development Code, requires City 

Council approval at a public hearing for the platting of substandard “R-1” lots. The Lighthouse 

Baptist Church is located on the southern portion of this site. 



Muriel Bruno, 4121 69 th Avenue, asked what substandard housing is? 

Zoning Director Neal explained substandard housing. 



APPROVE the Preliminary Plat for Lighthouse Baptist Church of Pinellas, generally located at 

5545 62 nd Avenue, based on the Findings of Compliance with the factors identified in Section 

18-103.6(C) and Section 18-1506.5(I) of the Land Development Code. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





CITY CLERK 

P13 ORDINANCE NO. 3334. AMENDING CHAPTER 8 (ELECTION CODE), BY 

AMENDING ARTICLE I “DEFINITIONS; VOTER REGISTRATION”, SECTION 8- 

102 DEFINITION OF ELECTION, ARTICLE II, “CANDIDATES”, SECTION 8-203 

“METHOD OF QUALIFYING PURSUANT TO CITY CHARTER”, SUBSECTION (C)1. 

“ELECTIONS ASSESSMENT” AND ARTICLE VII “CAMPAIGN SIGNS”, SECTION 

8-701, SUBSECTION (A) TO CORRECT SCRIVENER ERRORS. 


This Ordinance will correct scrivener errors within Chapter 8 “Election Code”. 









Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P14 

ORDINANCE NO. 3335. AMENDING CHAPTER 8 (ELECTION CODE), ARTICLE III 

– ISSUE ELECTIONS BY CREATING A NEW SECTION 8-408 “EARLY VOTING”, BY 

PROVIDING FOR AN EARLY VOTING OPT OUT PROVISION. 


This Ordinance will allow the City to exercise its right to exempt itself from the provisions of 









Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





IV. 


PUBLIC WORKS 

C1 

AWARD OF BID 05/025 — Furnish and Install Guardrail on NORTHSIDE OF 102 ND 

AVENUE FROM 42 ND WAY WESTWARD APPROXIMATELY 2,325 LInear Feet — 

Roadway Specialty Devices, Inc. 

Bids were legally advertised, and bid invitations were mailed to 374 prospective bidders. Four 

(4) bids were received with Roadway Specialty Devices, Inc. (9503 East Highway 92, Tampa, FL 

33610) being the low bidder with a bid submittal of $38,547.33. The amount budged for this 

project is $65,000. This project will be charged to account 301-481-5-777-83. 

Authorization to award bid 05/025 to Roadway Specialty Devices, Inc., Tampa, FL in the 

amount of $38,547.33 to be charged to the appropriate account. 

C2 

AUTHORIZATION FOR MAYOR TO SIGN AN AGREEMENT WITH BAYSIDE 

ENGINEERING — For Designing the Modification of a Median Opening Located on 49 th 

Street in Front of Park Plaza Under a Local Agency Program (LAP) Agreement With the 

Florida Department of Transportation 

At the City Council meeting on March 24, 2005, the City Manager was directed by City Council to 

enter into negotiations with the firm of Bayside Engineering, as the most qualified of three firms to 

provide the design of a median modification. Those negotiations have been held; the amount of 

$24,775 has been determined to be a fair cost for these services to be charged to account 301-481- 

5-77833. The budgeted amount for the design of the median modifications is $25,000. The 

contract time for this project is 210 calendar days from the issuance of the notice to proceed. 

Authorization to enter into a contract with Bayside Engineering for the design of a median 

modification in the amount of $24,775 to be charged to the appropriate accounts. 




C3 

AUTHORIZATION FOR MAYOR TO SIGN AN AGREEMENT WITH BAYSIDE 

ENGINEERING — For Designing the Modification of a Median Opening on Park 

Boulevard in Front of the Home Depot Under a Local Agency Program (LAP) Agreement 

With the Florida Department of Transportation 

At the City Council meeting on March 24, 2005, the City Manager was directed by City Council to 

enter into negotiations with the firm of Bayside Engineering, as the most qualified of three firms to 

provide the design of a median modification. Those negotiations have been held; the amount of 

$24,775 has been determined to be a fair cost for these services to be charged to accounts # 301- 

481-5-77825. The budgeted amount for the design of the median modifications is $25,000. The 

contract time for this project is 210 calendar days from the issuance of the notice to proceed. 

Authorization to enter into a contract with Bayside Engineering for the design of a median 

modification in the amount of $24,775 to be charged to the appropriate accounts. 


appropriate, Items C1 thru C3 inclusive, and SECONDED by Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 







R1 

CONSIDERATION OF A RELEASE OF UNITY OF TITLE FOR PROPERTY 

GENERALLY LOCATED AT 5545 62 ND AVENUE. (MS 2005-27 – Lighthouse Baptist 

Church of Pinellas/Broderick and Associates) 

The applicant, Broderick and Associates, has requested the release of the Unity of Title 

documents tying together all properties that encompass the Lighthouse Baptist Church of Pinellas 

Inc. on a parcel of land generally located at 5545 62 nd Avenue. The property is proposed to be 

divided and the north 130 feet developed into three, single-family dwelling lots which will 

require platting of the land. Therefore, the Unity of Title must be released. Surrounding land uses 

are: to the north, single-family dwellings; to the south, Equestrian Riding Facility; to the east, 

Our Lady of Good Hope Church; and to the west, a single-family dwelling. 


APPROVE the Release of Unity of Title documents for property located at 5545 62 nd Avenue, 

subject to the following provisions: 

1. A new Unity of Title document must be prepared and recorded tying together the 

remaining properties. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R2 

CONSIDERATION OF THE FINAL PLAT OF PALMBROOKE TOWNHOMES FOR A 

PARCEL OF LAND GENERALLY LOCATED ON THE NORTHWEST CORNER 66 TH 

STREET AND 82 ND AVENUE. (PL 2005-3(F) – First Tampa Pinebrook, LLC.) 


The applicant is platting 9.55 acres into 90 townhome lots for residential development. The site 

is currently undergoing clearing, grubbing, and demolition. City Council approved the Master 

Site Plan for the “RPUD” Residential Planned Unit Development of this site on October 28, 

2004. 

MOTION was made by Councilman Butler , and SECONDED by Vice-Mayor Bailey-Snook to 

APPROVE the Final Plat of Palmbrooke Townhomes generally located on the northwest corner 

of 82 nd Avenue and 66 th Street, based on the Findings of Compliance with the factors identified 

in Section 18-103.6(C) of the Land Development Code. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






R3 

RECEIPT OF RESIGNATION FROM LIBRARY BOARD — Renee Spadafora 

Renee Spadafora has accepted employment at the Library and is no longer eligible to serve on the 

Library Board. Her resignation from the Library Board, effective May 3, 2005, has been 

accepted. Ms. Spadafora has served on the Board since September 2004. The term for this 

position expires June 30, 2007. 


ACCEPT with regret, the resignation of Renee Spadafora from the Library Board effective May 

3, 2005. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R4 

REAPPOINTMENT TO THE LIBRARY BOARD – Deborah Gray and Connie Marmaro 

The terms of Deborah Gray and Connie Marmaro will expire June 30, 2005. They have 

expressed an interest in continuing to serve on the Library Board for a three-year term. Ms. Gray 

has been a member for 15 years and Ms. Marmaro for 31 years, serving as the chairperson during 

most of this time. Their attendance is good and the Library Board recommends their 

reappointment. 


APPROVE the reappointment of Deborah Gray and Connie Marmaro to serve as members of 

the Library Board for three-year terms to expire June 30, 2008. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R5 

REAPPOINTMENT TO THE LIBRARY BOARD – Teen Member Starla Nichols 

Starla Nichols’ term as a teen member of the Library Board expires June 30, 2005. She has 

expressed an interest in continuing to serve on the board for another term to expire June 30, 

2006. She has been a Teen member since 2003. The Library Board recommends her 



APPROVE the re-appointment of Starla Nichols as a teen member of the Library Board with 

term to expire June 30, 2006. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


MISCELLANEOUS 

M1 

BMX 

Bob Kersteen, 2821 61 st Lane, stated he is requesting funding or supplies from the City to help 

build a new BMX complex. 

Audrey Magin, 5800 94 th Avenue, stated BMX racing keeps kids out of trouble and requested 

help from Pinellas Park to build this facility. She stated this sport will bring in races that will 

bring dollars to the City. 

Mayor Mischler stated Council can consider whether any funding is available in the next budget 

year. 

Councilwoman Bradbury asked if the City of St. Petersburg gave the organization the property? 

Ms. Magin stated the property is leased from St. Petersburg. 

Discussion was held on the location, condition and development plans for the property. 




Councilman Taylor stated this is a great location and asked the time table for moving to the new 

property. 

Ms. Magin stated they are going to move the facility as soon as possible. 

Discussion was held on properties that are available for development. 

Councilman Taylor stated this is an item that Council and staff can brainstorm to develop 

funding ideas. 

Linda Russo, 7830 47 th Street, stated her family races BMX and this recreation keeps children 

out of trouble and this facility will be great for Pinellas Park. 

Muriel Bruno, 4121 69 th Avenue, provided information on other recreation facilities leased from 

Pinellas County. 

Councilwoman Bradbury explained that BMX are bicycles that do not have motors. 

M2 

FISHING DERBY 

Marshall Cook, 9300 54 th Street, stated the Annual Fishing Derby will be held at Freedom Lake 

Park, Saturday, June 4, 2005 starting at 8:30 a.m. 

M3 

AL VISION 

Mayor Mischler provided information about Building Maintenance Supervisor, Al Vision who 

was struck by an automobile. He thanked Public Works employees for thinking of him after the 

National Public Works Week Celebration. 

M4 

RUTH SMITH 

Mayor Mischler stated former City employee Ruth Smith passed away and gave condolences to 

her family. 

M5 


Police Chief Thomas invited everyone to attend the Police Explorers Spaghetti Dinner, Friday, 

May 27, 2005, between 5:00 p.m. and 8:00 p.m. 

M6 

MEMORIAL DAY CELEBRATION 

Community Activities Administrator Ponce stated there will be a Memorial Day Celebration at 

Freedom Lake Park, Monday, May 30, 2005 at 10:30 a.m. to honor the Armed Services. 




M7 

THANK YOU 

Vice-Mayor Bailey-Snook thanked everyone for their kind thoughts about her and her mother. 

ADJOURNMENT 


Attest: 

_____________________________________ 



_____________________________________ 

Patricia L. Bailey-Snook 

Vice- Mayor 

/cgg 






MINUTES 

June 9, 2005 



PRESENT: 

ABSENT: 






Also present were: City Attorney, James Denhardt - Assistant City Attorney, Christopher Hammonds – 

City Manager, Michael Gustafson - Assistant Community Development Administrator, Patrick Murphy 

- Finance Administrator, Ron Miller – Interim Human Resources Administrator, John Moore - 

Community Activities Administrator, Barbara Ponce – Office of Management & Budget Administrator, 

Dan Katsiyiannis - Community Planning Director, Bob Bray - 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 – 

Fire Administrative Services Director, Mary Ann Salch – Traffic Director, Rick Eggers – Administrative 

Clerk, Pam Martin - City Clerk, Diane M. Corna, and Deputy City Clerk, Christine Gardner. 




SPECIAL PRESENTATION 

Doug Parker, Pinellas Park Kiwanis Club presented a check to the Pinellas Park 

Police Explorers Post 912 and to the International Association of Firefighters 

(IAFF) for the Muscular Dystrophy Association in the amount of $500.00 each. 

The Pinellas Park Police Explorers Post 912 presented a check in the amount of 

$100.00 to the Pinellas Park Pony Shetland American All-Stars. 



JUNE 9, 2005

II. 


Approval of Regular Council Minutes of May 26, 2005, as on file in the City Clerk’s Office. 


APPROVE the Regular Council Minutes of May 26, 2005, as on file in the City Clerk’s Office. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


III. 



P1 

RESOLUTION NO. 05-29. VACATION OF A FIFTEEN-FEET-WIDE EASEMENT, 

GENERALLY LOCATED TO THE REAR (SOUTH LOT LINE) OF 7520 75 TH WAY 

NORTH, (V 2005–8 – Natelle Arutyunyan Mouradian) 


The applicant is requesting the vacation of a fifteen-feet-wide utility easement located at the 

southwest corner of their property (7520 75 th Way North) in order to construct a pool and 

enclosure. The following Findings of Fact are pertinent to this request: 



The City Attorney read Resolution No. 05-29 by title only. Vice-Mayor Bailey-Snook opened 

the Public Hearing at 7:40 P.M. 







ADOPT Resolution No. 05-29. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


P2 

CONSIDERATION OF AN AMENDMENT TO AN APPROVED PRELIMINARY SITE 

PLAN IN THE “M-1” LIGHT INDUSTRIAL ZONING DISTRICT FOR THE 

EXPANSION OF AN INDUSTRIAL USE (WHOLESALE DISTRIBUTOR OF ROOFING 

MATERIALS) WHICH FUNCTIONALLY ABUTS RESIDENTIALLY ZONED 

PROPERTY FOR A CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 6520 

35 th STREET. (MS 2005-30 Bradco Supply Co./Speath Engineering) 


The applicant is proposing an addition to the existing site located at 6520 35 th Street North, 

approximately 14,047 square feet in size, for additional outdoor storage of roofing materials. The 

roofing material is proposed to be stored in the open on paved portions of the site. The applicant 

currently operates a wholesale distribution center for roofing materials. Section 18-1506.23 of 


within the “M-l” Light Industrial Zoning District, which abuts or functionally abuts property 

zoned residential. The property functionally abuts a residential district to the north. City Council 

may require the installation of additional buffering in order to eliminate an adverse impact of the 

proposed industrial use on the adjacent residentially zoned property. 

Vice-Mayor Bailey-Snook opened the Public Hearing at 7:42 P.M. 

Matthew Speath, Speath Engineering, 7370 College Parkway, Ft. Myers, stated they are in 

agreement with staff’s recommendations and was available for questions by Council. Mr. Speath 

stated the waiver would allow Bradco Supply to expand their operation of the parcel. 

Zoning Director Neal stated the business is on an existing lot which was a non-conforming 

grandfathered use. When the lot is added to the existing lot, it will reduce the non-conforming 

status. 




Councilman Taylor asked if there is outdoor storage on the site now and what the zoning was on 

the abutting property? 

Mr. Speath stated there is some outdoor storage on the original site abutting the property. 

Director Neal stated there is a mobile home park, zoned T-1. 

Councilman Taylor asked if Mr. Speath was aware there would be no ingress/egress on 66 th 

Avenue. 

Mr. Speath stated he was aware of this. 



APPROVE the Preliminary Site Plan for a 15,306 square feet addition to property located at 

6520 35 th Street, subject to the following conditions: 

1. There shall be no ingress/egress driveway from the 66 th Avenue right-of-way to 

the parcel. 

2 Shielding of outdoor storage areas shall only be by solid wall. 

3. Trees depicted on the southwest corner of the site shall not be removed and shall 

be protected from development. 

4. Landscaping for the development of the parcel shall meet Code requirements. 

5. A revised site plan shall be submitted to the Zoning Division within 15 days, 

illustrating compliance with these conditions. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





IV. 


PUBLIC WORKS 

C1 

AUTHORIZATION TO INSTALL TWO (2) SPEED TABLES ON 67 TH AVENUE 

BETWEEN 35 TH STREET AND 37 TH STREET IN ACCORDANCE WITH THE 




presented to the property owners along 67 th Avenue and the Traffic Division has received the 



number 301-481-5-778-17. The total amount for traffic calming in the 04/05 C.I.P. budget, page 

442, is $30,000. 

Authorization to install two (2) speed tables on 67 th Avenue between 35 th Street and 37 th Street in 

accordance with the Residential Traffic Management Program. 

C2 AUTHORIZATION TO INSTALL TWO (2) SPEED TABLES ON 76 TH STREET 

BETWEEN PARK BOULEVARD AND 78 TH AVENUE IN ACCORDANCE WITH THE 




presented to the property owners along 76 th Street and the Traffic Division has received the 



number 301-481-5-778-17. The total amount for traffic calming in the 04/05 C.I.P. budget, page 

442, is $30,000. 

Authorization to install two (2) speed tables on 76 th Street between Park Boulevard and 78 th 

Avenue in accordance with the Residential Traffic Management Program. 






RESIDENTIAL SUBURBAN (RS) TO RESIDENTIAL URBAN (RU) ON A CERTAIN 

PARCEL OF LAND GENERALLY LOCATED AT 6315 62 ND AVENUE. (LUPA 2005-3 

Mathias/Vernon) 


(June 23, 2005, Public Hearing) 

The applicant is proposing a Land Use Plan Map amendment from Residential Suburban (RS) to 

Residential Urban (RU) on approximately 4.63 acres of land generally located at 6315 62 nd 

Avenue. The property is currently used as a stable and the applicant is proposing to develop the 

property into sixteen single-family detached dwelling lots. The applicant is proposing a 

concurrent rezoning from “F” Farm to “R-2” Single-Family Residential. At its meeting on May 

5, 2005, the Planning and Zoning Commission recommended DENIAL of the Land Use Plan 

Map Amendment. The Land Use designation to the north and east is Residential Urban (RU). To 

the south is a property with a Land Use designation of Institutional (I) and to the west are 

properties with a Land Use Plan Map designation of Residential Suburban (RS). 

C4 

ORDINANCE NO. 3348. REZONING FROM “F" FARM TO “R-2” SINGLE-FAMILY 

RESIDENTIAL ON A CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 

6315 62 ND AVENUE. (Z 2005-3 – Mathias/Vernon) 


(June 23, Public Hearing - QUASI- JUDICIAL) 

The applicant proposes to rezone a 4.63 acres site located at 6315 62 nd Avenue from “F” Farm to 

“R-2” Single-Family Residential. The property is currently being used as a stable. The applicant 

is proposing to develop the property into sixteen single-family detached dwelling lots. A 

companion Land Use Plan Amendment from Residential Suburban (RS) to Residential Urban 

(RU) is being concurrently reviewed under LUPA 2005-3. At its meeting on May 5, 2005, the 

Planning and Zoning Commission recommended DENIAL of the rezoning. The abutting Zoning 

Districts are: to the north, “RE” Residential Estate; to the south and east, “R-1” Single-Family 

Residential; and to the west “F” Farm. 

COUNCILMAN BUTLER LEFT THE MEETING AT 7:52 P.M 




C5 ORDINANCE NO. 3346. 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 

SECTION 18-1506.20 (C) 2., CONDITIONAL USES, PROVIDING FOR 

“EDUCATIONAL INSTITUTIONS” IN THE “GO” GENERAL OFFICE ZONING 

DISTRICT WHEN ASSIGNED COMMERCIAL GENERAL (CG) FUTURE LAND USE 

CATEGORY; BY AMENDING SECTION 18-1506.21 (C) 2., CONDITIONAL USES, 

PROVIDING FOR “EDUCATIONAL INSTITUTIONS” IN THE “B-1” GENERAL 

COMMERCIAL ZONING DISTRICT WHEN ASSIGNED COMMERCIAL GENERAL 

(CG) FUTURE LAND USE CATEGORY; AND PROVIDING FOR CERTIFICATION 

BY THE CITY COUNCIL THAT THIS ORDINANCE IS IN CONFORMANCE WITH 

THE COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF ALL ORDINANCES 



FIRST READING PRIOR TO PUBLIC HEARING (Public Hearing June 23, 2005) 

Currently the Land Development Code only permits “Educational Institutions” as a conditional 

use in the “GO” General Office and “B-1” General Commercial District when assigned a Future 

Land Use Classification that also permits residential uses. This amendment will allow this use 

as a conditional use in these districts when assigned the “CG” Commercial General Future Land 

Use Classification. 


CERTAIN PARCELS OF LAND GENERALLY LOCATED AT 4902 113 th Avenue North 

- (Stationary Power Services, Inc. - AX05-40) 


This is a voluntary annexation of 0.75 acres MOL of commercial property. Stationary Power 

Services’ home office is located on the site. 

C7 

AUTHORIZATION FOR MAYOR TO SIGN ECONOMIC DEVELOPMENT 

TRANSPORTATION TRUST FUND AGREEMENT NO. OT05-102 

The State of Florida Office of Tourism, Trade, and Economic Development (OTTED) has 

awarded the City with an Economic Development Transportation Fund (EDTF) grant of 

$200,000 for reconstruction of 60 th Street North from 126 th Avenue North to the beginning of 

Pinellas County road maintenance at 13088 60 th Street North. OTTED will reimburse the City 

for 100% of the cost of this road improvement project, up to $200,000. Total costs are not 

expected to exceed $200,000. 

Authorization for the Mayor to sign the Economic Development Transportation Trust Fund 

Agreement No. OT05-102. 




FIRE 

C8 

AUTHORIZATION FOR PURCHASE OF ONE LIFEPAK 12 DEFIBRILLATOR, SOLE 

SOURCE SPECIFICATIONS – Medtronic Emergency Response Systems 

This authorizes the purchase of one Lifepak 12 Defibrillator from Medtronic Emergency 

Response Systems, 11811 Willows Road N. E., Redmond, WA 98073 as a cost of $22,518.21 to 

be charged to account 001-231-5-621-08. The amount budgeted for this purchase is $26,000. 

Authorization to purchase, from Medtronic Emergency Response Systems, one Lifepak 12 

Defibrillator at a cost of $22,518.21 to be charged to the appropriate account. 


C9 

ORDINANCE NO._3345. AMENDING ARTICLE IV, POLICE OFFICERS’ PENSION 

FUND, OF CHAPTER 17 (PENSIONS AND RETIREMENT), OF THE CITY CODE OF 

ORDINANCES. 


This ordinance amends Article IV of Chapter 17, Police Officers’ Pension Plan, to incorporate 

the recently adopted FOP contract provisions concerning the inclusion of a six percent fixed rate 

of return under the City’s Deferred Retirement Option Program, and to provide for clarification 

language throughout the plan document as previously directed by Council. 

COUNILMAN BUTLER RETURNED TO THE MEETING AT 8:00 P.M. 

C10 

ORDINANCE NO._3344. AMENDING ARTICLE III, FIREFIGHTERS’ PENSION 

FUND, OF CHAPTER 17 (PENSIONS AND RETIREMENT), OF THE CITY CODE OF 

ORDINANCES. 


This ordinance amends Article III of Chapter 17, Firefighters’ Pension Plan, to incorporate the 

recently adopted IAFF contract provisions concerning implementation of the remaining 

minimum benefits required by Chapter 99-1, a 2.5% accrual rate for creditable pension service 

from October 1, 1978 to September 30, 2002, the inclusion of a six percent fixed rate of return 

under the City’s Deferred Retirement Option Program, an increase in employee contributions to 

7.44%, and clarification language throughout the plan document as previously directed by 

Council. 




MIS 

C11 

AUTHORIZATION FOR PURCHASE UNDER STATE CONTRACT CITRIX 

CONNECTION LICENSES – Software House International 

Authorization for the purchase under state contract #252-036-03-1 Citrix Connection licenses 

(renewal) at a cost of $14,018.00 from Software House International 

Authorization to purchase under state contract #252-036-03-1 Citrix Connection licenses from 

Software House International at a total cost of $14,018.00 to be charged to the appropriate 

account. 


appropriate, Items C1-C11 inclusive, with Items C3 thru C6 inclusive and Items C9 and C10 

being First Reading Prior to Public Hearing, and SECONDED by Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 







R1 


STATIONARY POWER SERVICES, INC. (AX05-40) — Annexation of 0.74 acres MOL 

located at 4902 113 th Avenue North 


Stationary Power Services, Inc. is located on this site. 

Stationary Power Services, Inc. 





Expended 


Waived 




APPROVE the voluntary annexation of 0.74 acres MOL of contiguous commercial property 

owned by Stationary Power Services, Inc. and located at 4902 113 th Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


Mike Allen, 6221 62 nd Avenue, asked Councilman Butler to repeat the address on the 

property. 




R2 

RESOLUTION NO. 05-29. CONSIDERATION OF A SUBSTANTIAL DEVIATION 

DETERMINATION FOR THE PARKSIDE MALL DEVELOPMENT OF REGIONAL 

IMPACT (DRI) TO DETERMINE IF FURTHER DRI REVIEW IS NECESSARY AND 

CONSIDERATION OF AN AMENDED DEVELOPMENT ORDER. (MS 2005-29 – 

Boulder Venture, Inc.) 



The applicant is requesting an amendment to the DRI Development Order, by adding the former 

Amoco Service Station site, 0.44 acre, to the DRI. No increase of the development entitlements 

are proposed. 

MOTION was made by Councilman Butler, and SECONDED by Councilwoman Bradbury to 

APPROVE the revised Development Order for the ParkSide Mall Development of Regional 

Impact with the following conditions: 

1. The proposed amendment is determined not to create a substantial 

deviation from the terms of the Development Order and shall not be 

subject to further DRI review. 

2. All previous DRI and “PUD” conditions of approval shall remain in full 

force and effect. 

Attorney Denhardt stated this item is quasi-judicial and before the roll call is taken, it would need 

to be opened for discussion to the public for objection or approval because it was advertised as a 

public hearing. 

Vice-Mayor Bailey-Snook opened the Public Hearing at 8:09 p.m. 


Vice-Mayor Bailey-Snook closed the Public Hearing at 8:10 p.m. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 






R3 

APPOINTMENT TO THE EQUESTRIAN BOARD — One Regular Member 

One vacancy on the Equestrian Board was created by the resignation of Jena Rutherford at the 

end of her term December 2004. The Equestrian Board interviewed Louanne Blackburn, 

Deborah Kazor and Gail Yeager for the position. The Equestrian Board recommends Council 

approve the appointment of Ms. Blackburn with a term to expire December 31, 2007. 


APPROVE appointment of Louanne Blackburn to serve as a member of the Equestrian Board 

with a term to expire December 31, 2007. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


MISCELLANEOUS 

M1 

PROPERTY VALUES 

Randy Heine, 7451 Park Boulevard, stated he was very disappointed to see in the Neighborhood 

Times, that Pinellas Park’s property values are not increasing and feels it is due to a lack of 

leadership. Mr. Heine stated ordinances are needed to enforce specific violations such as 

couches and gardens in front yards and the number of occupants in homes and apartments. 

Councilman Taylor requested that Mr. Heine look around the City especially on Park Boulevard 

and 49 th Street and also the outside interest from major investors such as Boulder Venture. 

Councilman Taylor stated there will always be a need for more ordinances, but he feels there are 

enough ordinances on the books that are well enforced and the City’s garbage service is the best 

in the County. 

Councilman Butler stated most of the residents in the City don’t want their property values to 

increase because that will increase their property taxes. 




Councilman Taylor stated property values have increased greatly over the past years, but the 

city’s millage rate has not increased and have been controlled over the last eight years. 

M2 

ANGEL FUND 

Randy Heine, 7451 Park Boulevard, stated he is against the Angel Fund. 

Councilman Butler stated at the Angel Fund Meeting of Tuesday, June 7, 2005, it was discussed 

that the City may contract with the Salvation Army to take over the program. 

Mike Allen, 6221 62 nd Avenue, stated his concerns with the Angel Fund. 

Vice-Mayor Bailey-Snook stated the program helps children in the City attend summer camp 

who may otherwise be out on the street. 

Peter White, 7197 120 th Avenue, stated people need to take care of each other and he supports 

the Angel Fund. 

M3 

CITY MANAGER 

Mike Allen, 6221 62 nd Avenue, voiced his concerns with the City Manager. 

Councilwoman Bradbury stated the City Manager does check with City Council and keeps them 

informed of any City matter. 

City Manager Gustafson informed Mr. Allen that he works for City Council and he does keep 

them informed on a daily basis and if he did not, he would not be here for long. 

Councilman Taylor stated City Manager Gustafson works very hard to please everybody, 

including City Council and 600 employees. Councilman Taylor stated the City Manager’s door 

is open to all employees. 

M4 

CONTRACT LANGUAGE 

Mike Allen, 6221 62 nd Avenue, stated after hearing the attorneys speak on the ordinances for the 

police and fire ordinances, it should be in a language that people will understand. Mr. Allen also 

stated his concerns about the money being spent for the attorney to read these ordinances. 

City Attorney Denhardt stated Florida Statutes require that resolutions and ordinances be read 

either in full or by title only. 

Councilwoman Bradbury stated she encourages citizens to call upon staff to explain anything 

they do not understand 




M5 

MEMORIAL DAY 

Peter White, 7197 120 th Avenue, stated he went to Bay Pines and then attended the ceremony at 

Freedom Lake Park on Memorial Day which was well done. 

Marshall Cook, 9300 54 th Street, agreed it was an excellent program. 

M6 

RANDY HEINE 

Marshall Cook, 9300 54 th Street, stated he was glad to see Mr. Heine given the opportunity to 

speak without being cut-off. 

M7 

CABLE 

Marshall Cook, 9300 54 th Street, stated his concerns with the cost of cable service. 

M8 

CITY 

Mike Scavelli, 6861 59 th Street, stated he sees the City moving up and he is pleased with good 

Code Enforcement, property values and the Angel Fund. 

M9 

JOE WOLTMAN 

Councilman Butler read a letter received from Joe Woltman in reference to take-home police 

vehicles. 

ADJOURNMENT 

Vice-Mayor Bailey-Snook adjourned the meeting at 8:45 p.m. 

Attest: 

_____________________________________ 



_____________________________________ 

Patricia L. Bailey-Snook 

Vice-Mayor 

/dmc 






MINUTES 

June 23, 2005 



PRESENT: 

ABSENT: 






None 


– City Manager, Michael Gustafson – Assistant Community Development Administrator, Patrick 

Murphy - Finance Administrator, Ron Miller – OMB Administrator, Dan Katsiyiannis - Police Chief, 

Dorene Thomas - MIS Administrator, Randy Linthicum - Public Works Administrator, Tom 

Nicholls – Fire Chief, Doug Lewis – Community Activities Administrator, Barbara Ponce - Assistant 

Community Activities Administrator, Tim Caddell - Streets & Drainage Division Director, Randy 

Roberts – Engineering Services Director, Scott Pinheiro – City Engineer, Stan Emerson - Deputy 

Fire Chief, Francis Sullivan - Interim Human Resources Administrator, John Moore - Economic 

Development Specialist, Chuck Webber – Zoning Director, Dean Neal –Fire Administrative Services 

Director, MaryAnn Salch – Assistant Business & Neighborhood Services Director, Cara Reed - 

Grants Writer, Dennis Shaw - Administrative Clerk, Pamela Martin – Staff Assistant, Kelly Haworth 

and City Clerk, Diane M. Corna. 

INVOCATION was given by Councilwoman Bradbury. 




To the Police Explorers, Post #912, for First Place overall in the statewide 

competition held June 13-17, 2005 in Orlando, FL. 





Don Fetzer, Sr. Streets Maintenance Operator 

Carolyn Garren, Staff Assistant 


George Day – Police Officer 

SPECIAL ANNOUNCEMENT 

Mayor Mischler introduced Mr. Dan Autrey, President and Publisher of Tampa Bay 

newspapers who announced that there will be a weekly community newspaper 

“Pinellas Park Beacon” to begin distribution August 2005. Mr. Autrey also 

introduced Tom Jamont, Executive Editor. 

II. 


Approval of Regular Council Minutes of June 9, 2005, as on file in the City Clerk’s Office. 


APPROVE the Regular Council Minutes of June 9, 2005, as on file in the City Clerk’s 

Office. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


III. 



P1 




CONTINUED PUBLIC HEARING, SECOND AND FINAL READING 






Trademark Metals Recycling LLC has requested that this item be tabled until the Regular 

Council Meeting of August 11, 2005. 





to TABLE Ordinance No. 3338, to the August 11, 2005, Regular Council Meeting. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


P2 


CERTAIN PARCELS OF LAND GENERALLY LOCATED AT 4902 113 th Avenue 

North - (Stationary Power Services, Inc. - AX05-40) 



Stationary Power Services’ home office is located on the site. 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


P3 

CONSIDERATION OF A CONDITIONAL USE TO ALLOW A “DRIVE-THRU 

RESTAURANT” IN THE “B-1” GENERAL COMMERCIAL ZONING DISTRICT 

ON A PROPERTY GENERALLY LOCATED AT 7550 PARK BOULEVARD. (CU 

2005-16 – KWC Squares Inc/Robert Chouinard) 


The applicant is requesting approval to establish a “Restaurant, Drive-In/Drive-Thru”, a 

Conditional Use in the “B-1” General Commercial Zoning District, on a parcel of land 

located at 7550 Park Boulevard. The current use of the property is a used car lot. Surrounding 

land uses are: to the north, vacant commercial parcel; to the south, C & C Car Sales; to the 

east C & C Car Sales; and to the west, Small Engine Repairs. The proposal appears to be 

consistent with the Comprehensive Plan and has no adverse effect on adopted levels of 

service for City infrastructure. At its meeting on June 2, 2005, the Planning and Zoning 

Commission recommended APPROVAL of Case No. CU 2005-16. 



Laurie Jones, 7120, 75 th Street, stated she resented a petition on behalf of the residents of the 

neighborhood against the Crystal Burger. Ms. Jones stated the neighborhood is not happy 

with a 24-hour drive thru and traffic concerns. Ms. Jones stated several of their concerns 

have been addressed and thanked City staff for their help. 

Kyle Corcoran, 7939 76 th Street, requested a sign be put up “No Traffic Thru” so there is no 

overflow going into the area. 

Marshall Cook, 9300 54 th Street, asked what is being constructed at this site? 




Mayor Mischler stated at this time Council is not approving a name, it is for a conditional use 

of a drive-thru restaurant. 

Mike Allen, 6221 62 nd Avenue, stated he is tired of all the stop lights and signs and requested 

approval of this restaurant. 



to APPROVE a request to approve a Conditional Use to establish a “Restaurant, Drive- 

In/Drive-Thru” in the “B-1” General Commercial Zoning District based on the staff report 

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


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


P4 


SUBSTANDARD “R-1” SINGLE-FAMILY RESIDENTIAL LOTS WITH A 

VARIANCE TO THE LOT REQUIREMENTS FOR THE CREATION OF A FLAG 

LOT FOR A PARCEL OF LAND GENERALLY LOCATED AT 5791 80 th AVENUE. 

(PL 2005-4 – Cameron Cox/Fred Anderson) 


The applicant is platting 1.60 acres into four substandard “R-1” lots for residential 

development along with one flag lot. Section 18-1506.5(I) of the Land Development Code 

requires City Council approval at a public hearing for the platting of substandard “R-1” lots. 

A single-family residence is currently located on the site, but will be removed for future 

development. 



Randy Heine, 7451 Park Boulevard., asked what a flag lot is and what are substandard lots? 




Zoning Director Neal stated a flag lot is created when there is a long lot off of a public or 

private right-of-way where access cannot be gained from that road way, a flagpole is created 

as the easement to get the property behind the existing property to be developed. Director 

Neal stated the standards for a lot in the R-1 district is a 75 foot wide lot and these lots will 

be less than 70 feet. 


to TABLE the Preliminary Plat for “Remington Preserve” generally located at 5791 80 th 

Avenue to the July 28, 2005, Regular Council Meeting. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


P5 

ORDINANCE NO. 3347. AMENDING THE LAND USE PLAN MAP FROM 

RESIDENTIAL SUBURBAN (RS) TO RESIDENTIAL URBAN (RU) ON A 

CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 6315 62 ND AVENUE. 

(LUPA 2005-3 Mathias/Vernon) 


The applicant is proposing a Land Use Plan Map amendment from Residential Suburban 

(RS) to Residential Urban (RU) on approximately 4.63 acres of land generally located at 

6315 62 nd Avenue. The property is currently used as a stable and the applicant is proposing to 

develop the property into sixteen single-family detached dwelling lots. The applicant is 

proposing a concurrent rezoning from “F” Farm to “R-2” Single-Family Residential. At its 

meeting on May 5, 2005, the Planning and Zoning Commission recommended DENIAL of 

the Land Use Plan Map Amendment. The Land Use designation to the north and east is 

Residential Urban (RU). To the south is a property with a Land Use designation of 

Institutional (I) and to the west are properties with a Land Use Plan Map designation of 

Residential Suburban (RS). 



Marcus Vernon, 1721 Rainbow Drive, Clearwater, representing Dr. Mathias, stated the land 

use is consistent with the surrounding area and asked for approval of this item. 




Dave Meier, 5956 64 th Terrace, spoke in opposition of this item. Mr. Meier stated 62 nd 

Avenue is a two lane road and the traffic is terrible now. 

Mike Allen, 6221 62 nd Avenue, stated he lives on the corner of 62 nd Street and 62 nd Avenue 

spoke in favor of this development. 

Randy Heine, 7451 Park Boulevard, stated this type of development is needed in Pinellas 

Park 

Evelyn Wolfe, 6351 62 nd Avenue, stated this type of housing is not in accordance with the 

neighborhood. 

Kay Lea, 6320 66 th Avenue, stated her property on the overhead is RE not RU. 

Councilman Butler stated the RE is the zoning classification not the land use. 

Jim Ready, 6425 62 nd Avenue, spoke in favor of this item. 

Thomas Mathias, 6315 62 nd Avenue, stated he is not getting out of horses, but feels this is not 

a good area to raise horses. 

Councilwoman Bradbury asked if this area is zoned R-2 single family, how many homes can 

be built on an acre versus what is being proposed by the applicant? 

Zoning Director Neal stated a lot more than is being proposed. 

Councilwoman Bradbury asked if a conditional use can be added so only 16 homes can be 

built? 

Director Neal, stated you cannot put conditions on a rezoning or a land use plan amendment. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


P6 

ORDINANCE NO. 3348. REZONING FROM “F" FARM TO “R-2” SINGLE- 

FAMILY RESIDENTIAL ON A CERTAIN PARCEL OF LAND GENERALLY 

LOCATED AT 6315 62 ND AVENUE. (Z 2005-3 – Mathias/Vernon) 


(QUASI- JUDICIAL) 

The applicant proposes to rezone a 4.63 acres site located at 6315 62 nd Avenue from “F” 

Farm to “R-2” Single-Family Residential. The property is currently being used as a stable. 

The applicant is proposing to develop the property into sixteen single-family detached 

dwelling lots. A companion Land Use Plan Amendment from Residential Suburban (RS) to 

Residential Urban (RU) is being concurrently reviewed under LUPA 2005-3. At its meeting 

on May 5, 2005, the Planning and Zoning Commission recommended DENIAL of the 

rezoning. The abutting Zoning Districts are: to the north, “RE” Residential Estate; to the 

south and east, “R-1” Single-Family Residential; and to the west “F” Farm. 




Marcus Vernon, 1721 Rainbow Drive, Clearwater, stated he had no problem with tabling this 

item. 

Dave Meier, 5956 64 th Terrace, spoke in opposition of this item. 

Evelyn Wolfe, 6351 62 nd Avenue, asked if this development would put additional liability 

on farm owners with having residential homes so close. 




Cecil Bradbury, 9400 50 th Avenue, stated this would be the same issue that was on 102 nd 

Avenue, and all lots that abutted that property signed a covenant running with the land that it 

was a farm. 

Marcus Vernon, 1721 Rainbow Drive, Clearwater, stated there would be no problem with the 

covenants. 

Mike Allen, 6221 62 nd Avenue, spoke in favor of this item. 


to TABLE Ordinance No. 3348 by amending to a Planned Unit Development (PUD) and to 

waiver the requirement to go before the Planning and Zoning Commission. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P7 


DEVELOPMENT CODE), ARTICLE 15 “ZONING”” OF THE CODE OF 

ORDINANCES OF THE CITY OF PINELLAS PARK, FLORIDA, BY AMENDING 

SECTION 18-1506.20 (C) 2., CONDITIONAL USES, PROVIDING FOR 

“EDUCATIONAL INSTITUTIONS” IN THE “GO” GENERAL OFFICE ZONING 

DISTRICT WHEN ASSIGNED COMMERCIAL GENERAL (CG) FUTURE LAND 

USE CATEGORY; BY AMENDING SECTION 18-1506.21 (C) 2., CONDITIONAL 

USES, PROVIDING FOR “EDUCATIONAL INSTITUTIONS” IN THE “B-1” 

GENERAL COMMERCIAL ZONING DISTRICT WHEN ASSIGNED 

COMMERCIAL GENERAL (CG) FUTURE LAND USE CATEGORY; AND 

PROVIDING FOR CERTIFICATION BY THE CITY COUNCIL THAT THIS 

ORDINANCE IS IN CONFORMANCE WITH THE COMPREHENSIVE PLAN; 

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 2005-7) 

SECOND PUBLIC HEARING, SECOND AND FINAL READING 

Currently the Land Development Code only permits “Educational Institutions” as a 

conditional use in the “GO” General Office and “B-1” General Commercial District when 

assigned a Future Land Use Classification that also permits residential uses. This 

amendment will allow this use as a conditional use in these districts when assigned the “CG” 

Commercial General Future Land Use Classification. 



Pastor Tim Kelly, 9021 US Highway 19, Grace Gospel Church, requested approval of this 

item. 

Mike Allen, 6221 62 nd Avenue, asked how many churches there are in the City and are the 

schools that are related to a particular faith tax exempt, the same as the church? 

Councilman Butler stated this issue is not about a specific church, but this particular church 

is renting property from an owner which does not exempt it from the tax rolls. 

Councilman Taylor stated there are approximately 50 churches in the City. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 



P8 

ORDINANCE NO._3345. AMENDING ARTICLE IV, POLICE OFFICERS’ 

PENSION FUND, OF CHAPTER 17 (PENSIONS AND RETIREMENT), OF THE 

CITY CODE OF ORDINANCES. 


This ordinance amends Article IV of Chapter 17, Police Officers’ Pension Plan, to 

incorporate the recently adopted FOP contract provisions concerning the inclusion of a six 

percent fixed rate of return under the City’s Deferred Retirement Option Program, and to 

provide for clarification language throughout the plan document as previously directed by 

Council. 



Randy Heine, 7451 Park Boulevard, asked if this ordinance would cost the taxpayers 

anything? 

Interim Human Resources Administrator Moore stated this ordinance would not have any 

additional costs to taxpayers. Interim Administrator Moore stated these amendments are 

required by the State. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


P9 

ORDINANCE NO._3344. AMENDING ARTICLE III, FIREFIGHTERS’ PENSION 

FUND, OF CHAPTER 17 (PENSIONS AND RETIREMENT), OF THE CITY CODE 

OF ORDINANCES. 


This ordinance amends Article III of Chapter 17, Firefighters’ Pension Plan, to incorporate 

the recently adopted IAFF contract provisions concerning implementation of the remaining 

minimum benefits required by Chapter 99-1, a 2.5% accrual rate for creditable pension 

service from October 1, 1978 to September 30, 2002, the inclusion of a six percent fixed rate 

of return under the City’s Deferred Retirement Option Program, an increase in employee 

contributions to 7.44%, and clarification language throughout the plan document as 

previously directed by Council. 



Marshall Cook, 9300 54 th Street, asked what dual service is? 

Interim Human Resources Administrator Moore stated a dual service employee is someone 

has served some time under one pension and some time under another such as a Police 

Officer moving over to a General Employee position. 

Mike Allen, 6221 62 nd Avenue, asked why these ordinances cannot be read at a different 

time? 

Mayor Mischler informed Mr. Allen that these items are placed on the agenda as Public 

Hearings are done at the beginning of the meeting. 




Councilwoman Bradbury stated it is required by law that the ordinance titles be read by the 

City Attorney. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 



IV. 


PUBLIC WORKS 

C1 

AWARD OF BID 05/001 — 2004/2005 ANNUAL PAVING/RESURFACING 

PROJECT — R. E. Purcell Construction Company, Inc. 

Bids were legally advertised, and bid invitations were mailed to 327 prospective bidders. 

Four (4) bids received with R. E. Purcell Construction Company, Inc. (1550 Starkey Road, 

Largo, FL 33771) being the low bidder with a bid submittal of $298,614.50. The amount 

budgeted for this project is $300,000 (pg. 442 of the FY 04/05 adopted budget). This project 

will be charged to account 301-481-5-714-06. 

Authorization to award bid 05/001 for the 2004/2005 Annual Paving/Resurfacing Project to 

R. E. Purcell Construction Company, Inc., Largo, FL, in the amount of $298,614.50 to be 

charged to the appropriate account. 




C2 CHANGE ORDER NO. 1 AND FINAL PAYMENT FOR PROJECT 05/025 — 

FURNISH AND INSTALL GUARDRAIL ON 102 ND AVENUE AND 42 ND WAY 

WESTWARD APPROXIMATELY 2,325 LINEAR FEET — Roadway Specialty Devices, 

Inc. 


and the contract closed out. The increase in the contract amount represents an addition to the 

original contract amount by 1.4%. The adjusted budgeted amount for this project is $65,000 

and will be charged to account #301-481-5-777-83. 

Authorization for approval and acceptance of Change Order No. 1, Project 05/025 Furnish and 

Install Guardrail on 102 nd Avenue and 42 nd Way Westward Approximately 2,325 Linear Feet, 

an increase in the contract amount of $560.63, for a total adjusted contract amount of 

$39,107.96, and authorization for final payment of $4,415.36 to Roadway Specialty Devices, 

Inc. to be charged to the appropriate account. 

C3 

AUTHORIZATION FOR MAYOR TO ENTER INTO AN AGREEMENT WITH 

MCKIM & CREED – For Consultant Services for Modifications of Pump Stations 1 & 

2 (RFP 05/022) 

This authorizes the Mayor to sign an engineering agreement with McKim & Creed for 

consultant services for the Modifications of Pump Stations 1 & 2. McKim & Creed was 

selected through the Consultants Competitive Negotiation Action Act (RFP 05/022) by a 

panel of City staff and Councilman Rick Butler. Negotiations were held with McKim & 

Creed and the fee of $64,500 was determined to be a fair cost for these services. The 

budgeted amount for this project is $723,709 and can be found on page 442 of the 2004/05 

Annual Budget. This design will provide for the replacement of pumps and motors and other 

improvements for the two potable water pumping stations for the City of Pinellas Park. This 

design project will be charged to account 301-381-5-779-32. 

Authorization for Mayor to sign an engineering agreement for the design of Modifications to 

Pump Stations 1 & 2 in the amount of $64,500 to be charged to the appropriate account. 

C4 

CHANGE ORDER NO. 1 AND FINAL PAYMENT FOR PROJECT 04/028, PARK 

BOULEVARD WATER MAIN REPLACEMENT PROJECT – Suncoast Development 

of Pinellas County, Inc. 


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


Authorization for approval and acceptance of Change Order No. 1, Project 04/028, Park 

Boulevard Water Main Replacement Project, a decrease in the contract amount of $1,412.60 for 

a total adjusted contract amount of $227,086.20, and authorization for final payment of 

$38,094.12 to Suncoast Development of Pinellas County, Inc. to be charged to the appropriate 

account. 




C5 

CHANGE ORDER NO. 1 FOR ADDITIONAL WORK UNDER EXISTING 

ENGINEERING SERVICES AGREEMENT FOR BRYAN DAIRY ROAD UTILITY 

RELOCATIONS — TBE Group, Inc. 

Change Order No. 1 is recommended for approval to allow for the engineering firm that is 

providing engineering services for the 114 th Avenue Bridge Construction project to also design 

the 20-inch water line relocation associated with the JPA with Pinellas County. The County 

intends to construct improvements to Bryan Dairy Road from Starkey Road to 72 nd Street. TBE 

Group, Inc. is providing engineering services for those improvements. This change order will 

allow the same firm to design the City’s utility adjustments in that location. The fee for these 

services is not to exceed $20,000.00 and will be charged to account number 301-381-5-775-44 

and can be found on page 445 of the 2005 Annual Budget. This change of $20,000.00 

represents an increase in the original contract amount of $88,805.00 by 23%. 

Authorization for approval and acceptance of Change Order No. 1, RFP 04/002, Engineering 

Services for Bridge Design on 114 th Avenue, an increase to the contract amount not to exceed 

$20,000.00 for a total adjusted contract amount of $108,805.00 to be charged to the appropriate 

account. 

C6 CHANGE ORDER NO. 1 FOR RENEWAL CONTRACT NO. 1, PROJECT 03/031 – 

ANNUAL CITY WIDE SANITARY SEWER CLEANING AND RELINING PROJECT 

— American Water Services Underground Infrastructure, Inc. 

Change Order No. 1 is recommended for approval so that the City may take advantage of 

favorable contract prices and available funds to have an additional 107,000 feet of sanitary 

sewer cleaned and inspected. This change of $74,745 represents an increase in the original 

contract amount of 25.5%, bringing the total adjusted contract amount to the budgeted amount. 

The accounts to be charged will be 301-381-5-737-25 and 301-381-5-755-89 in which there is 

a total of $74,745.00 remaining. 

Authorization for approval and acceptance of Change Order No. 1 for Renewal No. 1, Project 

03/031, Annual City Wide Sanitary Sewer Cleaning and Relining, an increase to the contract of 

$74,745.00 for a total adjusted contract amount of $367,570.00 to be charged to the appropriate 

accounts. 




C7 REJECTION OF BID 03/001 — 43 rd Street Roadway and Reclaimed Water 

Improvements 

This item authorizes the rejection of bids received for Project 03/001, 43 rd Street Roadway 

and Reclaimed Water Improvements. All three (3) bids received substantially exceeded the 

current budgeted amount of $2,567,696. The low bid received from Steve’s Excavating & 

Paving was $3,457,000. Additional funds proposed for this project in the FY 05/06 CIP, due 

to exponentially rising material costs, were also insufficient to award this bid. A project rebid 

is proposed with certain alternatives to reduce cost and increase bidder participation. 

Authorization to reject all bids received for Project 03/001. 

C8 AUTHORIZATION FOR PURCHASE UNDER GENERAL SERVICES 

ADMINISTRATION CONTRACT GS-07F-5791R — Two Matrix Variable Message 

Boards — For Traffic Division 

These 2005 Matrix Variable Message Boards are additions to the Fleet. These new Matrix 

variable Message Boards will be used by the Traffic Division for construction maintenance 

of traffic operations throughout the City. The amount budgeted in account #501-421-5-661- 

09 for this expenditure is $50,000 and can be found on page 455 of the 04/05 budget. 

Authorization to purchase under General Services Administration Contract GS-07F-5791R, 

two 2005 Matrix Variable Message Boards for the Traffic Division from Millenium 

Products, Clarkston, MI at a cost of $19,542.48 each with a shipping cost of $700.00 per unit 

for a total cost of $40,484.96 to be charged to the appropriate account. 





C9 

AUTHORIZATION TO SUBMIT 2005 STAFFING FOR ADEQUATE FIRE AND 

EMERGENCY RESPONSE (SAFER) GRANT APPLICATION 

The SAFER Grants Program of the U.S. Department of Homeland Security awards five-year 

grants directly to fire departments to pay a portion of the salaries of newly hired firefighters. 

The primary goal of the program is to assure that communities have adequate protection from 

fire and fire-related hazards. These newly hired positions must be in addition to currently 

authorized and funded active firefighter positions. The program will accept online 

applications until June 28, 2005. 

The City of Pinellas Park Fire Department proposes to submit an online application for 

funding to assist in paying for salaries and benefits for 12 new firefighter/EMT positions 

beginning in FY 2005/2006. The estimated cost of each new position is $299,937 over the 

five-year grant performance period, with the grant providing for a total of $100,000 for each 

position over the five-year period. If awarded, the grant will reimburse the City $36,000 per 

firefighter in the first year, $32,000 in second year, $20,000 in third, $12,000 in fourth and 

zero in the fifth year. The grant agreement requires that the City fund the remaining amount 

of salaries and benefits for each year throughout the five-year grant performance period. The 

salary and benefit cost for the 12 firefighters for the five-year period is estimated to be 

$3,599,243, with the grant providing for a total of $1,200,000 and the City providing a match 

of $2,399,243. The City’s share of the total cost would be distributed as follows: $212,899 in 

FY 2005/2006, $296,369 in FY 2006/2007, $477,790 in FY 2007/2008, $613,268 in FY 

2008/2009, and $798,917 in FY 2009/2010. Any additional costs for uniforms, training, 

education incentives, etc. are not included here. 

C10 



NORTH - (S. & C. Personal Property Trust - AX05-44) 


This is a voluntary annexation of 1.42 acres MOL of commercial property. Consumer Barter, 

Premier Mortgage, a car detailer, an auto and boat mechanic, and an outdoor storage yard for 

cars boats, trucks, and motor homes are located on the site. 





CERTAIN ROAD RIGHT-OF-WAY LOCATED AT 132ND AVENUE NORTH, EAST 

OF 46TH STREET ( ROAD RIGHT-OF-WAY - AX05-46) 


The road right-of-way being annexed (0.21 acres MOL) is the last portion of 132 nd Avenue 

right-of-way not currently in the City. Haydon-Rubin Development has asked that the City 

annex this small remaining piece of 132 nd Avenue right-of-way so that they can then request 

the vacation of 132 nd Avenue east of 46 th Street to aid them in the development of their 

property to the north and west. 

OMB 

C12 AUTHORIZATION FOR THE MAYOR TO SIGN AN INTERLOCAL 

AGREEMENT TO ESTABLISH A CURRENT PLAN FOR THE CONTINUED 

ADMINISTRATION AND EXPENDITURES OF THE PROCEEDS OF THE FIRST 

LOCAL OPTION FUEL TAX, AND ADOPT A NEW DISTRIBUTION FORMULA 

BY REDETERMINING THE DIVISION OF THE PROCEEDS FROM FIRST 

LOCAL OPTION FUEL TAX AMONG THE COUNTY AND THE 

MUNICIPALITIES, CONDITIONED UPON THE FURTHER EXTENSION OF THE 

FIRST LOCAL OPTION FUEL TAX 

This motion authorizes the Mayor to sign an interlocal agreement with Pinellas County and 

the other municipalities within Pinellas County. The agreement increases the overall 

percentage that the Cities currently receive from 25% to 40% of the total tax collected and 

lessens the percentage retained by the County from 75% to 60%. The City of Pinellas Park’s 

proportional share of the First Local Option Fuel Tax is 7.33% of (25% of the total tax 

collected) relative to the proposed revenue sharing of 7.22% of (40% of the total tax 

collected). The City’s projected revenue from the six cent fuel tax under the proposed 

revenue sharing program (40% to the municipalities) is $623,390 annually (effective 

9/1/2007 and expiring 8/31/2017). Under the current revenue sharing program (25% to the 

municipalities) projected revenue would be $389,619 annually. 

Authorization for the Mayor to sign an Interlocal Agreement between Pinellas County and 

the other municipalities within Pinellas County, for the purpose of establishing a current 

plan for the continued administration and expenditures of the proceeds of the First Local 

Option Fuel Tax and adopt a new distribution formula by redetermining the division of the 

proceeds from First Local Option Fuel Tax among the County and the Municipalities. 

Mike Allen, 6221 62 nd Avenue, asked why gas taxes are being raised? 

Mayor Mischler stated this is a renewal of the Local Option Fuel Tax whereby municipalities 

collect a percentage of the gas taxes collected. This renewal agreement will increase the 

percentage the city receives to 40%, up 15%. 




FIRE 

C13 

AUTHORIZATION FOR FINAL PAYMENT ON CONTRACT 05/009 FOR 

SANDBLASTING AND PAINTING OF THE TRAINING TOWER – M. B. E., Inc., 

Tarpon Springs, FL. 

This action is recommended so that final payment can be processed and the contract 

completed. The total amount of contract 05/009 is $34,500.00 and the final payment amount 

of $34,500.00 is to be charged to account 301-282-5-790-37. 

Authorization to make the final payment for sandblasting and painting of the training tower, 

contract 05/009, to M. B. e., Inc., Tarpon Springs, FL, in the amount of $34,500.00 to be 


POLICE 

C14 RESOLUTION NO. 05-30. LOT MOWING LIENS, PROGRAM #207. 







C15 

AUTHORIZATION FOR THE PURCHASE AND INSTALLATION OF TEN IN-CAR 

RADIOS UNDER PINELLAS COUNTY CONTRACT 023-344-N 

This authorizes the Police Department to purchase and install In-Car Radios from Motorola, 

Inc (3195 Tech Drive North, St. Petersburg, Florida 33716), under Pinellas County Contract 

023-344-N at a cost of $3,996 per radio and $120 per radio for programming and installation 

for a total of $41,160. The budgeted amount for Account 501-212-5-661-09 is $41,160 of 

which $41,160 is being allocated for this agenda item. 

Authorization to purchase and install ten In-Car Radios from Motorola, Inc (St. Petersburg) 

at a cost of $41,160 to be charged to the appropriate account. 





appropriate, Items C1-C16 inclusive, with Items C10, C11 and C14 being First Reading Prior 

to Public Hearing, and SECONDED by Councilman Butler. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 




None 



None 




R1 

APPOINTMENT TO LIBRARY BOARD — One Regular Member 

One vacancy on the Library Board was created by the resignation of Renee Spadafora. The 

Library Board previously interviewed Darlene Bennett for the position. The Library Board 

recommends Council approve the appointment of Ms. Bennett with a term to expire June 30, 

2007. 

MOTION was made by Councilman Butler, and SECONDED by Councilwoman 

Bradbury to APPROVE appointment of Darlene Bennett to serve as a member of the 

Library Board with a term to expire June 30, 2007. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 




None 



None 






R2 REAPPOINTMENT TO THE COMMUNITY PROJECTS ADVISORY BOARD – 

Carol Bates, Louis Bommattei, and Ray Hoeneisen 

The terms of Carol Bates, Louis Bommattei, and Ray Hoeneisen will expire July 31, 2005. 

Mrs. Bates has been a resident member since August 1999. Mr. Bommattei has been a 

resident member since March 2003. Mr. Hoeneisen has been a city business owner/manager 

member since October 2004. They have expressed a desire to continue to serve on the 

Community Projects Advisory Board for a two-year term. 


to APPROVE the reappointment Carol Bates and Louis Bommattei to serve as resident 

members and Ray Hoeneisen to serve as owner of a city business member of the Community 

Projects Advisory Board for a two-year term to expire July 31, 2007. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 




None 



None 


COUNCILMAN TAYLOR RETURNED TO THE MEETING AT 9:40 A.M. 




R3 


CONDITIONAL USE APPLICATION TO ALLOW A CHILD CARE CENTER, 

TYPE II, IN THE “P” PUBLIC DISTRICT. (MS 2005-32) – CALVARY CHAPEL 

The applicant, Calvary Chapel, is requesting a waiver to: Section 18-1505.13 “Fees and 

Charges” to allow a child care (Type II) in the “P” Public Zoning District, which requires a 

Conditional Use application and a fee of $400, plus an additional $10 for any 

variances/waivers. City Council may waive fees for applications which are determined to 

provide good cause and public benefit. The applicant is looking to use a portion of their 

facility as a childcare center that will cater primarily to single mothers that have to work 

outside their homes. The facility operates on a non-profit basis. The applicant states in 2003 

they were required and approved to change the use from “B-1” General Commercial District 

to “P” Public Zoning District and moved forward with renovations. They believe the City 

and many other businesses that worked with them in the renovation profited from their 

growth. The City had collected over $18,000 in permit fees and they spent millions of 

dollars on interior and exterior improvements that went to local vendors. 


APPROVE a request for a waiver to Section 18-1505.13 which requires a fee for the 

processing of a Conditional Use Application for Calvary Church. 

Councilwoman Bradbury stated she is not in favor of approving this item because churches 

do not pay taxes in the community and feels waiving the total of the fees is not fair to others. 

Councilman Butler stated the waiver is for $400.00 and the church has already paid $18,000 

in permit fees. 

Councilman Taylor stated they have also spent millions of dollars in renovating the property. 

Bob Gray, 3785 105 th Avenue N., representing the application, also agreed that the fees 

should have been waived in the past. 

Randy Heine, 7451 Park Boulevard, agreed with Councilwoman Bradbury that fees should 

not be waived. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 





R4 

CONSIDERATION OF AN AMENDMENT TO A PRELIMINARY SITE PLAN FOR 

A SPORTS PAVILION AND EXPANSION TO PARKING AREA IN THE “P” 

PUBLIC ZONING DISTRICT FOR A CERTAIN PARCEL OF LAND LOCATED AT 

5885 66 TH STREET. (MS 2005-34 – The Salvation Army/Todd Gingerich) 


The applicant is requesting APPROVAL to a proposed expansion to the existing Salvation 

Army site which is located in the “P” Public Zoning District, with addition of a Sports 

Pavilion and an expansion to the paved parking area. Section 18-1506.2 (H) of the Land 

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

the “P” Public Zoning District. Public Hearing is required when waivers are requested, 

however, no waivers have been applied for. City Council may require the installation of 

additional buffering in order to reduce or eliminate adverse impact of the proposed use upon 

the adjacent uses and to the area. 


to APPROVE the request for a proposed expansion of the existing Salvation Army site 

which is located in the “P” Public Zoning District, with the addition of a Sports Pavilion and 

an expansion to the paved parking area. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





R5 


AGREEMENT WITH S. & C. PERSONAL PROPERTY TRUST (AX05-44) — 

Annexation of 1.42 acres MOL located at 11495 66 th Street North 


Consumer Barter, Premier Mortgage, a car detailer, an auto and boat mechanic, and an 

outdoor storage yard for cars, boats, trucks, and motor homes are located on this site. The 

Owner plans to open a boat showroom with sales on the property. 

Thomas J. Parker and Sallie 

Parker 





Expended 


Waived 




♦ Grandfather all current and existing legal uses 

♦ Waive land development, permit, and plans review fees for 60 

months ($4,000) 

♦ Contingent upon sale to Mr. and Mrs. Dom Forte 

♦ Allow a boat showroom and sales to be added (permitted use in 

CH zoning) 

Waive occupational license fees for 24 months (estimated to be 

$450 per year) 


APPROVE authorization for Mayor to sign a voluntary Annexation Agreement with Thomas 

J. Parker and Sallie Parker for annexation of 1.42 acres MOL of contiguous commercial 

property located at 11495 66 th Street North. 

Randy Heine, 7451 Park Boulevard., expressed his opposition of waiving fees. 

Mayor Mischler stated if fees are not waived for annexations, the City would become 

stagnate and the taxes that will be paid outweigh the fees being waived. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


POLICE 

R6 CONSIDERATION FOR A SPECIAL HEARING MASTER LIEN 

REDUCTION/ELIMINATION – For Juan E. Yordi and the property located at 4700 

83 rd Terrace, Pinellas Park, FL 

The owner, Juan Yordi, requests a reduction/elimination of the lien on his property. The 

current outstanding lien is $700. After careful review of the case, the Special Hearing Master 

recommends you approve the request for an elimination of this lien. 


APPROVE the Special Hearing Master Lien reduction/elimination request against Juan E. 

Yordi and the property located at 4700 83 rd Terrace, Pinellas Park, FL, to be reduced from 

$700 to $0.00. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





CITY COUNCIL 

R7 

DESIGNATION OF CITY’S VOTING DELEGATE — At Florida League of Cities 

79th Annual Conference, August 18-20, 2005 

The Florida League of Cities has requested that each city designate one person to be the 

voting delegate at the Florida League of Cities 79th Annual Conference, August 18-20, 

2005. 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. 


to APPROVE designation of Vice-Mayor Bailey-Snook to serve as the Voting Delegate and 

Mayor Mischler to serve as the Alternate Delegate at the 79th Annual Conference of the 

Florida League of Cities in Orlando, FL. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 


MISCELLANEOUS 

M1 

INDOOR FIREWORKS 4 TH OF JULY 

Councilman Taylor stated Wesleyan Church will be having for the 4 th of July, “Our Flag Was 

Still There” on Sunday, June 26 th at 6:00 p.m., Monday, June 27 th at 7:30 p.m. and 

Wednesday, June 29 th at 7:30 p.m. There is no admission fee and there will be an indoor 

firework display. 

M2 

AMERICAN FLAGS – PARK BOULEVARD 

Councilwoman Bradbury stated on Friday, July 1 st , the American Flags will be put up along 

Park Boulevard. 




M3 

COUNTRY IN THE PARK VIP TENT 

Randy Heine 7451 Park Boulevard, asked the reasoning for a VIP tent at County in the Park 

and other events held at the band shelter? 

Assistant Community Activities Administrator Caddell stated that sponsors of the event are 

invited to the VIP Tent. Also the entertainers, whose contract states a hot meal will be 

provided, are invited. Assistant Administrator Caddell stated it is less expensive to the City 

to provide a VIP Tent rather than cater the meals into the entertainers. 

M4 

ANGEL FUND 

Randy Heine 7451 Park Boulevard, stated Principal Planner Debra Rose spends 85% of her 

time on the Angel Fund and feels her time could be spent better elsewhere. Mr. Heine stated 

this program should be discontinued. 

Councilman Taylor stated the Angel Fund is in its first year, it is doing good and will do 

better every year. 

Marshall Cook, 9300 54 th Street, stated he is in favor of the Angel Fund. 

M5 

RESPECT TO CITIZENS 

Mike Allen, 6221 62 nd Avenue, stated Councilman Butler, Councilman Taylor, and Vice- 

Mayor Bailey-Snook talked to a citizen in a derogatory manner at the last meeting and does 

not feel taxpayers should be talked down to. 

M6 

THANK YOU 

Marshall Cook, 9300 54 th Street, thanked Assistant Community Activities Administrator Tim 

Caddell and Staff Assistant Kelly Haworth for their help in providing a hot meal to a friend 

of his, Bobbi Johnson. Mr. Cook stated he may be reached at 546-1303 or e-mail him at 

target@tampabay.com if anyone would like to help her. 

Father John Hartnett, Pastor of St. Giles Episcopal Church, 8271 52 nd Street., stated that an e- 

mail was sent out on June 23, 2005 by Mr. Cook stating St. Giles Manor is owned by St. 

Giles Church on 82 nd Avenue and 52 nd Street. Father Hartnett stated that is incorrect and that 

St. Giles Church does not own St. Giles Manor. 




Pat Zubar, Manager of St. Giles Manor apartments stated they are owned by a private, nonprofit 

501C corporation and St. Giles Manor is a 202 Section 8 HUD subsidized, low-income 

property for the elderly, they are not a nursing home, an assisted living facility, they are 

housing only. Ms. Zubar stated Ms. Johnson is in direct violation of her HUD lease. Ms. 

Zubar stated they have tried to work with Ms. Johnson, but she refuses their help and also the 

Department of Children and Families help. Ms. Zubar stated any questions regarding this, 

should contact Attorney Rhonda Stringer of Saxon and Gilmore. 

ADJOURNMENT 


Attest: 

_____________________________________ 



_____________________________________ 


Mayor 

/dmc 






MINUTES 

July 14, 2005 



PRESENT: 

ABSENT: 






None 


– City Manager, Michael Gustafson - Assistant City Manager/Community Development, Tom 

Shevlin – Interim Human Resources Administrator, John Moore - Community Activities 

Administrator, Barbara Ponce - Economic Development Specialist, Shannon Coughlin – Office of 

Management and Budget Administrator, Dan Katsiyiannis – Police Chief, Dorene Thomas - 

Assistant Communities Activities Administrator, Tim Caddell – Fire Administrative Director, Mary 

Ann Salch - Fire Chief, Doug Lewis - Zoning Director, Dean Neal – MIS Administrator, Randy 

Linthicum - Public Works Administrator, Tom Nicholls – Police Captain, Michael Haworth – Staff 

Assistant, Pam Martin - City Clerk, Diane M. Corna, and Deputy City Clerk, Christine Gardner. 





REGULAR COUCIL MINUTES 

JULY 14, 2005


Officer Christopher Piccione and Officer Greg Horton were present with Police 

Explorers Post #912 to recognize them for receiving trophies while competing in South 

Carolina. 

Individual Events: 

Team Events: 

Captain Brian Fey – 1 st Place Physical Agility Course 

Explorer Michael Linquist – 2 nd Place Incident Report Writing 

Corporal John Shay – 3 rd Place Emergency Vehicle Operations 

2 nd Place in Building Entry and Officer Down 

3 rd Place Arrest Warrant and Courtroom Testimony 

Mayor Mischler announced the Police Explorers will be holding a Spaghetti Dinner, 

August 26, 2005 at the Senior Center. 

SPECIAL RECOGNTION 

Mayor Mischler congratulated Deputy Clerk Gardner for achieving 1 st Level of 

the Master Municipal Clerk’s Academy. 

II. 


Approval of Regular Council Minutes of June 23, 2005, as on file in the City Clerk’s Office. 


to APPROVE the Regular Council Minutes of June 23, 2005, as on file in the City Clerk’s 

Office. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





III. 


POLICE 















Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






P2 



NORTH - (S. & C. Personal Property Trust - AX05-44) 


This is a voluntary annexation of 1.42 acres MOL of commercial property. Consumer Barter, 

Premier Mortgage, a car detailer, an auto and boat mechanic, and an outdoor storage yard for 

cars boats, trucks, and motor homes are located on the site. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P3 


CERTAIN ROAD RIGHT-OF-WAY LOCATED AT 132ND AVENUE NORTH, EAST 

OF 46TH STREET ( ROAD RIGHT-OF-WAY - AX05-46) 


The road right-of-way being annexed (0.21 acres MOL) is the last portion of 132 nd Avenue 

right-of-way not currently in the City. Haydon-Rubin Development has asked that the City 

annex this small remaining piece of 132 nd Avenue right-of-way so that they can then request 

the vacation of 132 nd Avenue east of 46 th Street to aid them in the development of their 

property to the north and west. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





IV 



C1 

AUTHORIZATION TO ENTER INTO AGREEMENT WITH AXSA DOCUMENT 

SOLUTIONS 

Authorization to enter into a three-year agreement with AXSA Document Solutions, 5806 

Breckenridge Parkway, Tampa, FL 33610, to lease two (2) Sharp AR-M277 photocopiers 

and one (1) Sharp AR-M35OU photocopier and support services under GSA contract GS- 

25F-0037M at a cost of $526 per month; in addition to copiers, three (3) coin-operated units 

at a cost of $464 per month for a grand total of $990 per month to be charged to Account 

#001-721-5-561-00. This cost is not shown in the current budget because there was a triparty 

agreement between the Friends of the Pinellas Park Library, the City of Pinellas Park 

and Danka, which expired in February 2005. The FY 2005/06 budget includes this copier 

rental, but this expense should be cost neutral by the charge of $ .10 per copy that will be 

paid by our customers. This same system is currently being used by the St. Petersburg 

Public Library and Gulf Beach Public Library. 

Authorization to enter into a three-year lease agreement for two (2) Sharp AR-M277 

photocopiers and one (1) Sharp AR-M35OU photocopier and support services under GSA 

contract GS-25F-0037M at a cost of $526 per month; in addition to copiers, three (3) coinoperated 

units at a cost of $464 per month for a grand total of $990 per month to be charged 

to the appropriate account. 

C2 

AUTHORIZATION FOR PURCHASE UNDER STATE CONTRACT TABLES AND 

CHAIRS FOR CITY AUDITORIUM — Palmer Snyder Furniture Co., Lexington, KY 

This purchase is replacing the tables and chairs in the City Auditorium. The existing tables 

and chairs will be used for City-wide use. The amount budgeted in Account # 301-781-5- 

622-98 for the expenditure is $20,000. 

Authorization to purchase under State Contract from Palmer Snyder Furniture Co., 

Lexington, KY, (25) 8 foot polylite tables, (200) banquet chairs, and (2) storage carts at a 

cost of $13,425.50 to be charged to the appropriate account. 




PUBLIC WORKS 

C3 

CHANGE ORDER NO. 1 AND FINAL PAYMENT FOR PROJECT 05/006, RE- 

ROOF CITY HALL 5141 78 TH AVENUE NORTH — Anderson & Shah Roofing, Inc. 

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

the contract closed out. The decrease in the contract amount represents a decrease of the 


The final contract amount is $80,683.48. 

Authorization for approval and acceptance of Change Order No. 1, Project 05/006 Re-Roof 

City Hall, a decrease in the contract amount of $316.52, for a total adjusted contract amount 

of $80,683.48, and authorization for final payment of $7,783.48 to Anderson & Shah 

Roofing, Inc. to be charged to the appropriate account. 

C4 

AWARD OF BID 03/030 – 98 TH AVENUE SANITARY SEWER PROJECT – PHASE 

II – Steve’s Excavating and Paving, Inc. 

Bids were legally advertised and bid invitations were mailed to 326 prospective bidders. Six 

(6) bids were received with Steve’s Excavating & Paving, Inc. (1741 N. Keene Road, 

Clearwater, FL 33755) being the low bidder with a bid submittal of $132,670.00. The 

amount budgeted for this project is $140,000.00 and can be found on page 447 of the FY 

04/05 budget under account number 301-381-5-756-21. 

Authorization to award bid 03/030, 98 th Avenue Sanitary Project – Phase II to Steve’s 

Excavation & Paving, Inc., 1741 N. Keene Road, Clearwater, FL 33755 in the amount of 



C5 



NORTH (HALPRIN MANAGEMENT INC. AND WILLIAM D. GLOVER SR. AX05- 

43) 



Owner’s single-family residence is located on this site. The Owners plan to remove the 

existing mobile home and have a new single-family home constructed on the site. 




C6 



NORTH (LAND, MICHELLE AX05-45) 







C7 




PARCEL OF LAND GENERALLY LOCATED EAST OF BELCHER ROAD AND 

NORTH OF 118 TH AVENUE AND MORE PARTICULARLY DESCRIBED IN 

EXHIBIT "A" WHICH IS ATTACHED HERETO AND MADE A PART THEREOF; 

FROM “R-2” SINGLE-FAMILY RESIDENTIAL DISTRICT TO “R-2” SINGLE- 

FAMILY RESIDENTIAL DISTRICT AND ADOPTING A MASTER PLAN AND 

SUPPORTING DOCUMENTATION FOR AN "RPUD" RESIDENTIAL PLANNED 

UNIT DEVELOPMENT FOR A SINGLE-FAMILY DETACHED SUBDIVISION 





EFFECTIVE DATE. (PUD 2005-4/BOA 2005-24 – Farrell Homes Inc.) 


(QUASI-JUDICIAL) (Public Hearing July 28, 2005) 


and the adoption of a Master Plan for the development of a seven lot, single-family 

subdivision for a parcel of land generally located east of Belcher Road and north of 118 th 

Avenue. The applicant is also requesting variances to the following: creation of a private 

right-of-way of forty feet in width, two separate points of ingress/egress to the subdivision 

and to a T-turnaround in lieu of a cul-de-sac. Surrounding land uses are: to the north and 

west, a residential apartment complex; to the east, single-family dwellings; and to the south, 

a commercial complex. The Planning and Zoning Commission on June 2, 2005, 




service levels and subject to the following conditions: 

1. The pavement width of the private street shall be no less than twenty-four 

feet, including curb and gutter. 

2. A perpetual utility easement of fifty feet will be required across the entire 

proposed private right-of-way. 

3. Dimensional regulations for the development will be as proposed on the 

submitted plan. 

4. Criteria assigned to the subdivision in notes on the submitted plan shall 

be accepted as governing regulations for the development. All regulations 

not addressed shall revert to Code in affect at time of “PUD” adoption. 






to Public Hearing and SECONDED by Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Randy Heine, 7451 Park Boulevard, explained problems he had with Steve’s Excavating , 

Item C4, and requested that if Council hires them, that they watch them. 

Mayor Mischler stated for the record that Mr. Heine’s business is not in the City of Pinellas 

Park. 

Vice-Mayor Bailey-Snook asked if the City has used this contractor before. 

Public Works Administrator Nicholls stated Steve’s Excavating has been used before. 

Vice-Mayor Bailey-Snook asked if there have been any real problems with them. 

Administrator Nicholls stated there have not been problems and explained a bond will be put 

up according to the size of the contract. He stated an Engineering Inspector will be on the job 

daily tracking materials. 






R1 


HALPRIN MANAGEMENT INC. AND WILLIAM D. GLOVER SR. (AX05-43) — 

Annexation of 0.14 acres MOL located at 6178 104 th Avenue North 


Owner’s mobile home, with improvements, is located on this site. The Owners plan to 

remove the existing mobile home and have a new single-family home constructed on the 

site. 

Halprin Management Inc. and 

William D. Glover Sr. 





For twelve (12) months the City shall waive all City land development fees, 

applicable for the construction of a single-family home, and the demolition of the 

existing structure on the Property, estimated to be Three Thousand Dollars 

($3,000.00). 


to APPROVE authorization for Mayor to sign an Annexation Agreement with Halprin 

Management Inc. and William D. Glover Sr. for annexation of 0.14 acres MOL located at 

6178 104 th Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Randy Heine, 7451 Park Boulevard, stated his concerns with waiving fees and asked how the 

millage rate will be lowered if fees are waived? 




Cecil Bradbury, 9400 50 th Way , stated the way to lower the millage rate is by annexing 

properties. 

Councilman Butler stated the fees that are being waived are $3,000 and the City projected 

annual revenue is $949.00 per year and provided information on redeveloping this area 

Councilwoman Bradbury stated this development will replace a mobile home that is a 

hurricane disaster waiting to happen and this will help the applicant and the neighbors. She 

stated she feels this is a small price to pay in the beginning to get a lot back in the future for 

taxes and people’s safety. 

Mr. Heine stated the builder will still build these homes and they are just trying to get an 

extra $3,000 and Council should stop this. 

Mayor Mischler stated the waiver of City fees is not in capital outlay of funds from the City, 

because the provision is for land development fees to be waived for twelve months. 




R2 


MICHELLE LAND (AX05-45) — Annexation of 0.14 acres MOL located at 6152 108 th 

Avenue North 



Michelle Land 



Annual Revenue Expended Waived 





on the Property, estimated to be Three Thousand Dollars ($3,000.00). 


to APPRVE authorization for Mayor to sign an Annexation Agreement with Michelle Land 

for annexation of 0.14 acres MOL located at 6152 108 th Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





MISCELLANEOUS 

M1 

EMERGENCY MEDICAL CALL 

Councilman Taylor thanked Fire Chief Lewis for the response time and service provided by 

Rescue 33 and Engine 35 during a recent emergency medical call. 

M2 

ROES DELI 

Randy Heine, 7451 Park Boulevard, stated the City’s recent newsletter sort of had an 

advertisement for Roes Deli and asked if that was proper. 

Mayor Mischler asked if the City Attorney had a problem with that article. 

City Attorney Denhardt stated it sounds to him like Park Station is being advertised because 

the article it is talking about the lobby in Park Station. 

M3 

STORAGE CONTAINERS 

Randy Heine, 7451 Park Boulevard, stated he has an issue with storage containers all over 

town. He explained there are shipping containers that are ending up on properties and he 

asked Council to do something about these containers being permissible on major arteries 

because they don’t look good and they could be dangerous and store weapons of mass 

destruction (WMD’s) 

Mayor Mischler stated if it is permitted, then proper procedures were followed. 

City Manager Gustafson stated the storage containers in question are permitted as meeting 

the building codes. Therefore, they can be left there. 

M4 

HOLIDAY PARTY 

Peter White, 7197 120 th Avenue, provided information on recent deployments and a Holiday 

party in December for families of National guardsmen that have been deployed. 

M5 

YOUTH PARK 

Mayor Mischler stated Saturday, July 16, 2005, the Youth Park Neighborhood will be 

holding a block sale. 




M6 

SHOEBOX 

Vice-Mayor Bailey-Snook stated in October the shoeboxes for the troops will be needed. 

M7 


Councilman Butler wished his father a Happy Birthday. 

ADJOURNMENT 


Attest: 

_____________________________________ 



_____________________________________ 


Mayor 

/cgg 






MINUTES 

July 28, 2005 



PRESENT: 

ABSENT: 






None 



Administrator, Tom Shevlin - Finance Administrator, Ron Miller – Interim 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 Captain, 

Michael Haworth – Purchasing Director, Bill Santhouse – Fire Chief, Doug Lewis – Economic 

Development Specialist, Shannon Coughlin – Office of Management and Budget Administrator, Dan 

Katsiyiannis - Staff Assistant, Kelly Haworth – Administrative Clerk, Pam Martin – City Clerk, 

Diane M. Corna, and Deputy City Clerk, Christine Gardner. 




EMPLOYEE OF THE QUARTER 

Linda Hopton - OMB Budget Analyst 

INTRODUCTION 

Mayor Mischler introduced the Honorable Judge Patrick Caddell and thanked 

him for attending the Council Meeting. 




RECOGNITION 

Mayor Mischler recognized Andrew Mills, Jacob Gray, Chris Nicholls, Kurt 

Laymen and Carl Laymen of Boy Scouts Troop #337, First Baptist Church, who 

attended the meeting for their Citizenship in the Community Badge. 

II. 


Approval of Regular Council Minutes of July 14, 2005, as on file in the City Clerk’s Office. 


to APPROVE the Regular Council Minutes of July 14, 2005, as on file in the City Clerk’s 

Office. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


. 




III. 



P1 



NORTH (HALPRIN MANAGEMENT INC. AND WILLIAM D. GLOVER SR. AX05- 

43) 



Owner’s single-family residence is located on this site. The Owners plan to remove the 

existing mobile home and have a new single-family home constructed on the site. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P2 



NORTH (LAND, MICHELLE AX05-45) 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P3 




PARCEL OF LAND GENERALLY LOCATED EAST OF BELCHER ROAD AND 

NORTH OF 118 TH AVENUE AND MORE PARTICULARLY DESCRIBED IN 

EXHIBIT "A" WHICH IS ATTACHED HERETO AND MADE A PART THEREOF; 

FROM “R-2” SINGLE-FAMILY RESIDENTIAL DISTRICT TO “R-2” SINGLE- 

FAMILY RESIDENTIAL DISTRICT AND ADOPTING A MASTER PLAN AND 


UNIT DEVELOPMENT FOR A SINGLE-FAMILY DETACHED SUBDIVISION 





EFFECTIVE DATE. (PUD 2005-4/BOA 2005-24 – Farrell Homes Inc.) 




and the adoption of a Master Plan for the development of a seven lot, single-family 

subdivision for a parcel of land generally located east of Belcher Road and north of 118 th 

Avenue. The applicant is also requesting variances to the following: creation of a private 

right-of-way of forty feet in width, two separate points of ingress/egress to the subdivision 

and to a T-turnaround in lieu of a cul-de-sac. Surrounding land uses are: to the north and 

west, a residential apartment complex; to the east, single-family dwellings; and to the south, 

a commercial complex. The Planning and Zoning Commission on June 2, 2005, 




service levels and subject to the following conditions: 

1. The pavement width of the private street shall be no less than twenty-four 

feet, including curb and gutter. 

2. A perpetual utility easement of fifty feet will be required across the entire 

proposed private right-of-way. 

3. Dimensional regulations for the development will be as proposed on the 

submitted plan. 

4. Criteria assigned to the subdivision in notes on the submitted plan shall 

be accepted as governing regulations for the development. All regulations 

not addressed shall revert to Code in affect at time of “PUD” adoption. 







Mike Farrell, President of Farrell Homes, Inc., provided information on this item. 

Joan Marzi, 11830 77 th Street, asked what the difference will be by changing from an R2 to 

an R1 Zoning District. 

Zoning Director Neal stated the development will be single family homes and the R2 Zoning 

District remains and will be the underlying zoning for the PUD. He stated the only difference 

between a typical R2 subdivision and the subdivision that is proposed is the inclusion of a 

private street with less than 60 feet of driveway and a slight difference in the lot size. 

Ms. Marzi stated she is worried about a rooster running loose in the neighborhood that she 

has tried to catch and she requested assistance from the City so she can give the rooster a 

home. 

Discussion was held on catching the rooster. 

Bob McCabe, 11900 77 th Street, asked if there will be any changes to the existing fencing? 

Mr. Farrell stated the homeowners will fence their own yards and explained the guidelines 

pertaining to fencing. 

Mr. McCabe asked if the large elm tree located behind lot four will conflict with any of the 

building plans? 

Mr. Farrell stated he does not believe this tree will create a problem as long as it does not 

interfere with the utilities. 

Mr. Farrell explained drainage requirements for the development. 

Vice-Mayor Bailey-Snook asked if it will be disclosed to each purchaser of these homes that 

it will be their responsibility to keep the streets paved and maintained? 

Mr. Farrell stated yes it is disclosed to each person purchasing a home within the 

homeowner’s documents that are prepared. 

Vice-Mayor Bailey-Snook asked if there will be funds put aside to provide for the 

maintenance of the drainage lakes? 

Mr. Farrell stated the ponds are designed as dry ponds and they are mowed and inspected and 

those expenses are part of the budget of the homeowners association. 

Mike Allen, 6221 62 nd Avenue, stated Mr. Farrell is one of the best builders he has ever 

worked with and he is probably one of the finest builders in Pinellas County. 




Peter White, 7197 120 th Avenue, asked if a left turn signal can be put at 118 th and Belcher? 

Mayor Mischler stated Belcher Road is a Pinellas County road and that request would have 

to go to the Metropolitan Planning Organization. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P4 


SUBSTANDARD “R-1” SINGLE-FAMILY RESIDENTIAL LOTS WITH A 

VARIANCE TO THE LOT REQUIREMENTS FOR THE CREATION OF A FLAG 

LOT FOR A PARCEL OF LAND GENERALLY LOCATED AT 5791 80 th AVENUE. 

(PL 2005-4 – Cameron Cox/Fred Anderson) 


The applicant is platting 1.60 acres into four substandard “R-1” lots for residential 

development along with one flag lot. Section 18-1506.5(I) of the Land Development Code 

requires City Council approval at a public hearing for the platting of substandard “R-1” lots. 

A single-family residence is currently located on the site, but will be removed for future 

development. 



Fred Anderson, 1405 Gulf Way, stated he is representing the owner of the property and 


Randy Heine, 7451 Park Boulevard, stated he does not understand why substandard lots 

would be approved and asked if there is a reason? 

Zoning Director Neal explained that substandard lots are a little bit smaller in width, not in 

total area, than what is called for in today’s R1 lot. 

Mr. Heine stated if the area is the same or larger than a standard lot then he is not opposed to 

it. 

Discussion was held on the size of the homes and the lots. 

Mayor Mischler stated he thinks this is entirely too many houses for this property. 

Susan Barrett, 5760 80 th Avenue, stated the road at the end of 80 th Avenue is a common 

driveway to three homes and asked about access to lot four. 

Mr. Anderson stated 30 feet of right of way will be dedicated on 80 th Avenue for roadway 

and explained the entrance to lot four. 

Ms. Barrett stated there is barely room now for two cars to pass on 80 th Avenue and she 

agrees this is a very small lot to put that big of homes on. 




Councilman Taylor clarified that in no way will this encumber the access the Barrett’s will 

have. 

Mr. Anderson stated this development will actually make their access better with the wider 

road going in. 

Marshall Cook, 9300 54 th Street, stated he is opposed to this many houses going on that 

particular lot and he thinks these home are too expensive to be put that close together. 

Mike Allen, 6221 62 nd Avenue, stated Pinellas Park is always trying to annex properties for 

tax revenue and this seems like a good move. 



to APPROVE the Preliminary Plat for “Remington Preserve” generally located at 5791 80 th 

Avenue, based on the Findings of Compliance with the factors identified in Section 18- 

103.6(C), 18-108.1(D) and Section 18-1506.5(I) of the Land Development Code. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 





P5 

RESOLUTION NO. 05-31. VACATING A PORTION OF A DRAINAGE EASEMENT 

GENERALLY LOCATED AT 6605 52 ND WAY NORTH, (V 2005–9 – Lorena Gallion) 


The applicant is requesting the vacation of a 67.43 square foot portion of a drainage easement 

located to the southwest of the single- family residence in order to install a screen enclosure. 

The following Findings of Fact are pertinent to this request: 


2. The various utility agencies and City Divisions have no objection to the vacation. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





IV. 


POLICE 

C1 

ORDINANCE NO. 3358. ORDINANCE AMENDING CHAPTER 16, “OFFENSES” 

OF THE CODE OF ORDINANCES OF THE CITY OF PINELLAS PARK, FLORIDA 

BY DELETING SECTION 16-124, “JUVENILE CURFEW” IN ITS ENTIRETY; 


CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT SUCH AS 

CURFEW SIGNS POSTED WITHIN THE CITY LIMITS OF PINELLAS PARK; 



Chapter 16 “Offenses” is being amended by deleting Section 16-124 “Juvenile Curfew” in its 

entirety due to the Florida State Supreme Court’s ruling that it was unconstitutional. 

PUBLIC WORKS 

C2 

AUTHORIZATION FOR NEGOTIATIONS — ENGINEERING/CONSULTANT 

SERVICES FOR HOMELAND SUBDIVISION DRAINAGE PROJECT — RFP 

05/015 


submitted and recommends four consultants in the following order: 1) Advanced 

Engineering, 2) Bayside Engineering, 3) McKim & Creed and 4) DRMP, Inc. Upon 

Council’s recommendation and authorization, the City Manager will negotiate competitively 

with the most qualified firm. Should the City Manager fail to reach an agreement, the City 

Manager will negotiate with the remaining firms in order of preference, in accordance with 


Authorization for the City Manager to negotiate with the firms recommended by the 

Selection Board, in order of preference as recommended, for Engineering/Consultant 

Services. 

VICE-MAYOR BAILEY-SNOOK LEFT THE MEETING AT 8:23 P.M. 





C3 

AUTHORIZATION TO DONATE FORD BACKHOE 555 AND A FORD ONE- 

TON DUMP TRUCK — to Pinellas Technical Educational Center 

This 1984 Ford Backhoe Model 555 was declared surplus property by the Water Division 

and has been replaced by a new backhoe. The 1991 Ford one-ton dump truck was declared 

surplus property by the Streets Division and has been replaced by a new truck. The Pinellas 

Technical Education Center has requested that both units be donated to the Public Works 

Academy at no charge. Staff estimates the present market value at $6,500 for the backhoe 

and $3,500 for the one-ton dump truck. The Public Works Academy has had a long term 

working relationship with the City of Pinellas Park and the donation of this equipment will 

continue to help educate students who are interested in pursuing a possible career in public 

works and city government. 

Authorization to donate a surplus 1984 Ford backhoe and a 1991 Ford one-ton dump truck to 

the Pinellas Technical Educational Center at no charge to this organization and contingent 

upon their signing a release acknowledging that the backhoe and dump truck are being 

donated in as-is condition with no claims, warranties, or guarantees being made by the City 

of Pinellas Park regarding the condition of the donated backhoe and dump truck. 



CERTAIN PARCELS OF LAND GENERALLY LOCATED AT 6065 and 6077 109 TH 

AVENUE NORTH (SOWELL, JIMMY L. AND LINDA R. AX05-54) 







FINANCE 

C5 ORDINANCE NO. 3357. AN ORDINANCE AMENDING CHAPTER 2 

“ADMINISTRATION”, OF THE CODE OF ORDINANCES OF THE CITY OF 

PINELLAS PARK, FLORIDA BY AMENDING ARTICLE 6 “CITY PURCHASES”, 

SECTION 2-601 “EXCLUSIVE POWER OF CITY MANAGER TO MAKE 

AUTHORIZED IMPROVEMENTS AND EXPENDITURES; EXCEPTION” AND BY 

AMENDING SECTION 2-602 “BIDS AND ADVERTISING REQUIRED FOR 

CERTAIN PURCHASES; EMERGENCY PURCHASES; EXCEPTIONS”, 

SUBSECTION (A); AUTHORIZING THE CITY MANAGER TO MAKE 

AUTHORIZED IMPROVEMENTS AND EXPENDITURES UP TO AN AMOUNT 

OF $20,000 WITHOUT COUNCIL APPROVAL; PROVIDING FOR AN 



Chapter 2 (Administration) Article 6, Section 2-601 and Section 2-602(A) are being 

amended to raise the bid threshold for City purchases, and authorizing the City Manager to 

make authorized improvements and expenditures up to an approval level of $20,000 without 

Council approval. 

C6 AWARD OF BID 05/027 — PURCHASE AND EMBROIDERY OF CITY SHIRTS — 

Stars Signatures, Inc. 

Bids were legally advertised and bid invitations were delivered to 20 prospective bidders. 

Three bids were received with Stars Signatures, Inc., 6281 39 th Street North Suite D, Pinellas 

Park, FL 33781, being the low bidder. The low bid for each style shirt including embroidery 

are as follows: Style 2005 $14.00 each, Style 5031 $19.35 each, Style 2111 $18.55 each, Style 

5063 $19.35 each, Style 5064 $18.10, Style 2102 $18.55, Style 2103 $17.35, Style 2108 

$18.90, Style 5581 $19.95, Style 5582 $19.85, Style 3404 $18.60, Style 3506 $16.60, Style 

3808 $18.80 and Style 3408 $18.55. To be purchased by City Departments/Divisions 

throughout the year. The estimated total annual expenditure would be $16,000. This item will 

be charged to the appropriate accounts as needed by the Departments/Divisions. 

Authorization to award the bid for Purchase and Embroidery of City Shirts to Stars Signatures, 

Inc., in the amount of $16,000.00, to be charged to the appropriate accounts. 




FIRE 

C7 AUTHORIZATION FOR PURCHASE — Installation of Fire Sprinkler System for 

Fire Station #34 – Fire Department 

This authorizes the purchase and installation of a Fire Sprinkler System for Fire Station 

#34 from Safety First Fire Sprinklers, Inc., St. Petersburg, FL, in the amount of $34,745. In 

conjunction with the Purchasing Department, we have gone to bid for this project on two 

separate occasions and received no bids either time. A Request for Quotation was also sent 

to ten sprinkler contractors with only one quote received. Seventy percent of the funding 

for this purchase is through the Fire Act Grant. The budgeted amount of $53,300 is shown 

on page 443 of the Budget Book in account number 301-282-5-748-71. 

Authorization for purchase and installation of a Fire Sprinkler System for Fire Station #34 

from Safety First Fire Sprinklers, Inc., at a cost of $34,745 to be charged to the appropriate 

account. 

VICE-MAYOR BAILEY-SNOOK RETURNED TO THE MEETING AT 8:24 P.M. 




to Public Hearing and SECONDED by Councilman Butler. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





Randy Heine, 7451 Park Boulevard, asked if there could be grounds for a legal malpractice 

suit pertaining to Item C1, Ordinance 3358? 

City Attorney Denhardt stated he would seriously doubt there could be grounds for any legal 

malpractice in adopting an ordinance that was later found to be unconstitutional in a very 

close vote by the Florida Supreme Court. 

Discussion was held on the history of the juvenile curfew. 

Mayor Mischler stated he is sorry that the curfew ordinance is not in effect because he thinks 

it is a tool for the Police Department that would have helped them. 

Mr. Heine asked if Item C5, raising the purchasing authority for the City Manager, would 

create less work on staff? 

Finance Administrator Miller stated no it will not and provided information pertaining to this 

change. 

Mr. Heine stated if computers were purchased for $999.00, then they would not have asset 

tags. 

Finance Administrator stated that is true and this change is required for the City to comply 

with changes to Florida State Statute. 

Mr. Heine referred to Item C6, Award of Bid 05/027, and asked why all the different styles in 

shirts are necessary? 

City Manager Gustafson stated employees like different types of shirts and women and men 

need different styles. He explained supervisors determine the style and employees can choose 

different colors. 






R1 


JIMMY L. SOWELL AND LINDA R. SOWELL (AX05-54) — Annexation of 0.28 

acres MOL located at 6065 and 6077 109 th Avenue North 



Jimmy L. and Linda R. Sowell 

6065 and 6077 109 th Avenue N. 




Expended 


Waived 




to APPROVE the voluntary annexation of 0.28 acres MOL of property owned by Jimmy L. 

Sowell and Linda R. Sowell and located at 6065 and 6077 109 th Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Randy Heine, 7451 Park Boulevard, stated this is the proper way to annex property. 




CITY COUNCIL 

R2 REAPPOINTMENT TO METROPOLITAN PLANNING ORGANIZATION — 


At the August 9, 2001, regular meeting, City Council appointed Bill Mischler to serve as the 

City’s representative on the Metropolitan Planning Organization (MPO) for a 4-year term, 

with term to expire in September 2005. The City’s current MPO representative or a new 

representative needs to be appointed at this time for a 4-year term. Mr. Mischler would like 

to be reappointed to serve as the City’s representative on the Metropolitan Planning 

Organization. 


to APPROVE the reappointment of William F. Mischler to the Metropolitan Planning 

Organization as a member with term to expire in September 2009. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Vice-Mayor Bailey-Snook thanked Mayor Mischler for doing a fine job for the City 

serving on the MPO. 

Councilman Taylor thanked Mayor Mischler for his years of loyal service to the City and 

the MPO. 

Marshall Cook, 9300 54 th Street, stated he thinks that Mayor Mischler does an excellent 

job on the MPO. 

Peter White, 7197 120 th Avenue, requested that Mayor Mischler push for the Unified 

Traffic System. 




MISCELLANEOUS 

M1 

WELCOME 

Councilman Taylor welcomed John Frank to the meeting. 

M2 

CHARTER REVIEW BOARD 

Mayor Mischler explained the items before the Pinellas County Charter Review Board 

addressing changes to annexation that would drastically impact the municipalities. He stated 

this could also drastically impact the home rule authority that municipalities now have. 

Mayor Mischler requested that all elected officials in Pinellas County attend the next Charter 

Review Board Meeting on Monday, August 1, 2005, at 7:00 p.m. 

M3 

WELCOME 

Mayor Mischler welcomed Jim and Virginia Cook to Pinellas Park. 

M4 

THANK YOU 

Sue Grace, 3765 67 th Avenue, Unit B, thanked City Council for announcing the Youth Park 

Garage Sale that will benefit the Youth Park Neighborhood Festival being held on September 

30, 2005. 

M5 

INVOCATION 

Mike Allen, 6221 62 nd Avenue, requested that the invocation go toward the citizens of 

Pinellas Park. 

M6 

NATIONAL SECURITY 

Mike Allen, 6221 62nd Avenue, requested that his elected officials address recent global 

events pertaining to terrorism. 

M7 

COMMUNITY COMPLIANCE 

Mike Allen, 6221 62 nd Avenue, explained concerns he has with Community Compliance. 




M8 

CITY SERVICES 

Mike Allen, 6221 62 nd Avenue, stated he feels every City should only exist to provide quality 

caring and intelligently thought out services for it’s citizens. He requested that Council 

preclude any conversion of property by any other private enterprise just because more tax 

money is needed. 

Councilman Taylor stated he does not think that any Councilmember would support 

imminent domain in any way. 

M9 

PUBLIC RECORDS 

Randy Heine, 7451 Park Boulevard, stated he made a public records request for how many 

lawsuits the City is a party to and he was told he could not have that information and he 

would like to know why. 

Attorney Denhardt stated there seems to be confusion on the part of some citizens as to 

public records. Attorney Denhardt stated the City Clerk does an extremely good job of 

complying with all public records requests. 

Attorney Denhardt stated a citizen is entitled to inspect and make copies of public records but 

that does not mean that a citizen has a right to ask a laundry list of 50 or 100 questions or to 

go into City employees and question them. 

Attorney Denhardt stated the City doesn’t have to go out and generate or make up documents 

that don’t exist to comply with a public records request. 

Attorney Denhardt stated this specific request pertained to a list he prepared that is an 

exempt record pursuant to the provisions of the Florida Statutes. 

Discussion was held on pending City litigation. 

Mr. Heine stated he is running for Mayor of Pinellas Park and he believes he has the right to 

ask questions and get documents so he can give a report to the taxpayers of Pinellas Park. 

Councilman Taylor stated the City probably does not have as many active lawsuits going on 

in the City as public records requests that Mr. Heine has made this week or this month. 

Mayor Mischler stated that Mr. Heine will not be treated any differently than any other 

citizen just because he is a declared candidate for Mayor. 




M10 

POWER UNLIMITED 

Assistant Community Development Administrator Caddell stated Pinnacle Entertainment 

will be holding a Power Unlimited performance on Sunday, July 31, 2005, from 4:30 p.m. to 

8:30 p.m. at the England Brothers Bandshell. 

M11 

FIREFIGHTER’S EXPLORERS 

Councilwoman Bradbury stated Pinellas Park Firefighters are looking for kids from 14 to 21 

for a Firefighter Explorer Program. 

M12 

ENTERTAINMENT BOOKS 

Councilwoman Bradbury stated the Police Explorers Post #912, is selling 2006 

Entertainment Books. 

M13 

RULES OF PROCEDURE 

City Attorney Denhardt stated the rules of procedure for addressing Council states each 

person’s time is limited to three minutes unless the Council extends the time and all remarks 

should be addressed to Council as a body and not to any singular member. 

ADJOURNMENT 


Attest: 

_____________________________________ 

Diane M. Corna, CMC 


_____________________________________ 


Mayor 

/cgg 






MINUTES 

August 11, 2005 



PRESENT: 

ABSENT: 









Administrator, John Moore - 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 – Recreation Director, Joel Garren – Economic 

Development Specialist, Chuck Webber - Utility Billing Director, Nancy McWade – Utility 

Billing/Recycling Manager, James Walker – Fire Administrative Services Director, Mary Ann Salch 

- Staff Assistant, Kelly Haworth – Administrative Clerk, Pam Martin – City Clerk, Diane M. Corna, 

and Deputy City Clerk, Christine Gardner. 





AUGUST 11, 2005


SPECIAL PRESENTATION — SCHOLARSHIPS 

The Public Service Education Foundation of Pinellas Park presented the 

following students with scholarships: 

Jennifer Alves 

Bradley Anderson 

Amanda Bohan 

Stacey Carroll 

Kristina Emmerich 

Melissa Finley 

Anita Frankhauser 

Ryan LeCompte 

Allyssa Monda 

Kristin Ossola 

Nhu-Mai Thi Tran 

Ashley Wilson 

CITY ATTORNEY DENHARDT ANNOUNCED ITEM C3 HAS BEEN DELETED FROM 

THIS AGENDA BUT IT WILL BE ON THE AGENDA FOR PUBLIC HEARING ON 

AUGUST 25, 2005. 




II. 


Approval of Regular Council Minutes of July 28, 2005, as on file in the City Clerk’s Office. 


to APPROVE the Regular Council Minutes of July 28, 2005, as on file in the City Clerk’s 

Office. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





III. 


POLICE 

P1 



BY DELETING SECTION 16-124, “JUVENILE CURFEW” IN ITS ENTIRETY; 


CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT SUCH AS 

CURFEW SIGNS POSTED WITHIN THE CITY LIMITS OF PINELLAS PARK; 



Chapter 16 “Offenses” is being amended by deleting Section 16-124 “Juvenile Curfew” in its 

entirety due to the Florida State Supreme Court’s ruling that it was unconstitutional. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 






P2 




CONTINUED PUBLIC HEARING, SECOND AND FINAL READING 



Trademark Metals Recycling LLC had requested that this item be tabled until the Regular 

Council Meeting of August 11, 2005 and they have since requested this item be tabled until 

further notice. 



Mayor Mischler stated the applicant has requested this item is tabled therefore no staff 

presentation was provided. 



to TABLE Ordinance No. 3338. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 






CERTAIN PARCELS OF LAND GENERALLY LOCATED AT 6065 and 6077 109 TH 

AVENUE NORTH (SOWELL, JIMMY L. AND LINDA R. AX05-54) 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P4 


AGREEMENT WITH PFI LAND DEVELOPMENT, INCORPORATED (AX05-21) 

— Annexation of 1.41 acres MOL located at 10875 52 nd Street North 



property is vacant. The Owner plans to expand the use of the abutting parcel to the north, 

which is to be developed as Southern Pine Lumber. 

PFI Land Development, Inc. City Projected City Funds City Fees 

10875 52 nd Street North Annual Revenue Expended Waived 


3-Year Projected Total $8,592.78 


♦ For a period of thirty-six (36) months from the date of execution of 

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

including the City potable water connection fee and the City sanitary 

sewer connection fee, applicable for the development of the 

Property. This waiver of fees is estimated to be Two Thousand One 

Hundred Dollars ($2,100.00). 

♦ The City shall waive the replant requirement from eight (8) trees per 

16,000 sq. ft., to four (4) trees per 16,000 sq. ft., as shown in Exhibit 

“B”, which is attached hereto and made a part hereof by reference. 

♦ The City acknowledges that under a separate, nonexclusive, 

agreement between the Owner and the property owner to the north, 

they will share ingress, egress, and retention as described in Exhibit 


♦ The City agrees to waive the water, sewer, and garbage deposits 

applicable to the Property in the estimated amount of Eighty Dollars 

($80.00). 


this Agreement, the City shall waive the City's occupational license 

fee for the use of the Property estimated to be Two Hundred Dollars 

($200.00) per year. 



Rick Ferguson, 6720 114 th Avenue, Largo, provided information on the surrounding 

properties. 






to APPROVE authorization for Mayor to sign a voluntary Annexation Agreement with PFI 

Land Development, Inc. for annexation of 1.41 acres MOL of contiguous commercial 

property located at 10875 52 nd Street North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P5 


AGREEMENT WITH RICHARD S. KOZELL AND VINCENT CANGIANO (AX05- 

20) — Annexation of 1.56 acres MOL located at 10875 52 nd Street North 


This is a voluntary annexation of 1.56 acres MOL of contiguous commercial property. This 

vacant lot is the future location of Southern Pine Lumber Company. 

Richard S. Kozell and 

Vincent Cangiano 

10875 52 nd Street North 

Total 


Waived 




3-Year Projected Total $7,830.96 $0.00 



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

including the City potable water connection fee and the City sanitary 

sewer connection fee, applicable for the development of the 

Property. This waiver of fees is estimated to be Two Thousand One 

Hundred Dollars ($2,100.00). 

♦ The City shall grant a waiver to the requirement of a twenty-seven 

(27)-foot-long, solid wall adjacent to 52 nd Street North and allow for 

a wood fence. 

♦ The City shall waive the replant requirement from eight (8) trees per 

16,000 sq. ft., to four (4) trees per 16,000 sq. ft, as shown in Exhibit 


♦ The City acknowledges that under a separate, nonexclusive, 

agreement between the Owner and the property owner to the south, 

they will share ingress, egress, and retention as described in Exhibit 


♦ The City agrees to waive the water, sewer, and garbage deposits 

applicable to the Property in the estimated amount of Eighty Dollars 

($80.00). 


this Agreement, the City shall waive the City's occupational license 

fee for the use of the Property estimated to be Two Hundred Dollars 

($200.00) per year. 

♦ The City shall provide street lighting at both the north and south end 

of the property. 









Richard S. Kozell and Vincent Cangiano for annexation of 1.56 acres MOL of contiguous 

commercial property located at 10875 52 nd Street North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P6 

RESOLUTION NO. 05-33. A RESOLUTION VACATING A TEN-FEET-WIDE 

DRAINAGE AND UTILITY EASEMENT GENERALLY LOCATED ALONG THE 

SOUTHEAST PROPERTY LINE OF 6380 ELMHURST DRIVE NORTH, SECTION 

17, TOWNSHIP 30 SOUTH, RANGE 16 EAST; PROVIDING FOR AN EFFECTIVE 

DATE. (V 2005-11) 


The applicant is requesting the vacation of a drainage and utility easement generally located 

along the southeast property line of 6380 Elmhurst Drive North. The following Findings of 

Fact are pertinent to this request: 


2. The various utility agencies and City Divisions have no objection to the vacation. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P7 


AN “EDUCATIONAL INSTITUTION” IN THE “B-1” GENERAL COMMERCIAL 

ZONING DISTRICT, WITH A WAIVER TO THE CONDITIONAL USE 

REQUIREMENT THAT THE USE OF LAND BE LIMITED TO ACCREDITED 

EDUCATIONAL FACILITIES FOR A PROPERTY LOCATED AT 9021 US 

HIGHWAY 19. (CU 2005-27 Classical Christian School of the Arts-Amivest 

Immobilien GMBH) 


The applicant is requesting a consideration to establish an “Educational Institution”, a 

Conditional Use in the “B-1” General Commercial Zoning District on a parcel of land 

located at 9021 US Highway 19. The site is currently developed as a shopping center with a 

church, offices, and retail uses and was the previous Calvary Chapel site. The applicant will 

be utilizing the existing Sunday school classrooms for this educational institution. The 

applicant is also requesting a waiver to the Conditional Use requirement that the use of the 

land be limited to accredited educational facilities. A private institution cannot be accredited 

by the State of Florida. However, Classical Christian School of the Arts can and will seek 

accreditation candidacy by the Association of Christian Schools International (Christian 

School Accrediting Bureau) and the Southern States Accreditation Association following the 

required one-year waiting period. Surrounding land uses are: to the north, single-family 

dwellings, Wachovia Bank, and a commercial business plaza; to the south, Ethan Allen 

Furniture; to the east, single-family dwellings (Mainlands); and to the west, Chevron, 

Calvary Chapel, and a vacant parcel. The proposal appears to be consistent with the 

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

infrastructure. At its meeting on July 7, 2005, the Planning and Zoning Commission 

recommended approval of the above request, with one condition. 



Dan Baker, 3300 Cove Cay Drive, Unit 5A, Clearwater, thanked staff for all the help and 

requested Council approve this item. 






to APPROVE a request to approve a Conditional Use to establish an “Educational Institution 

(Elementary, Middle, and Senior)” in the “B-1” General Commercial Zoning District with a 

waiver to the Conditional Use requirement of limitation of land use to educational facilities 

based on the staff report and the criteria found in Section 18-1509.4(B) & (C) with the 


1. The maximum capacity of the private school shall be 85 students for 

all grades combined. 

Councilwoman Bradbury asked if the motion should contain a stipulation pertaining to a time 

frame for the school to acquire accreditation? 

City Attorney Denhardt stated Council could add a stipulation that accreditation is obtained 

within a certain time frame or the conditional use would not be in existence. 

Attorney Rex Sparkland, 5666 Seminole Boulevard, Suite 2, stated he represents the church 

and the school and requested that a particular accreditation is not tied to this motion. 

Councilwoman Bradbury clarified that she was not questioning who accredited the school but 

felt it was in the best interest of the children for the school to be accredited by somebody. 

Attorney Sparkland stated that public schools in the State of Florida are not required to be 

accredited. 

Vice-Mayor Bailey-Snook stated the applicant requested the waiver and if it wasn’t necessary 

why was it asked for? 

Attorney Sparkland stated this request would give the church the freedom to seek, as their 

faith would dictate, the appropriate accreditation for their ministry. 

Councilman Butler stated he is not sure City Council is qualified to determine what an 

accredited institution is. 

Assistant City Manager Shevlin stated the purpose of the condition in the approval process is 

to ensure that it is a school teaching academic courses. 

Discussion was held on the accreditation. 

Assistant City Manager Shevlin stated when application is made to the City then it must be 

stipulated whether all the conditions have been met and one of those conditions is 

accreditation. 

Sylvia Baker, 3300 Cove Cay Drive, Unit 5A, provided information on the accreditation 

process and requested that an impossible requirement is not made for accreditation to be 

obtained within one year. 




Discussion was held on a reasonable time frame for the school to obtain accreditation. 

MOTION was made by Vice-Mayor Bailey-Snook and SECONDED by Councilman Butler 

to AMEND the original motion to include an additional condition to read as follows: 

2. Set a time line of five years on the request of waiver for accreditation. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P8 

CONSIDERATION OF A REQUEST FOR A WAIVER TO ALLOW A SIX-FEET- 

HIGH SOLID, WOOD, FENCE TO SHIELD AN OUTDOOR STORAGE AREA 

FROM RIGHT-OF-WAYS, A SUBSTITUTE FOR A SOLID WALL AS REQUIRED 

BY CODE, FOR A CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 

3801 118 TH AVENUE. (MS 2005-38 Robert Gorby/Cecil Bradbury) 


The applicant has requested that a six-feet-high, solid, wood fence be permitted in place of 

the solid wall required to shield outdoor storage. Review of the existing properties in the 

neighborhood revealed multiple outdoor storage areas of varying intensities. Shielding of 

these areas is accomplished with chain link fencing, solid metal sheets, wood fencing, and in 

some instances, no shielding was present. City Council approved similar waivers on other 

properties in this area, Case No. MS 1999-2, for storage of trucks and Case No. MS 2004-41, 

for storage of trailers. In determining whether or not to grant a request to allow a six-feethigh 

solid wood fence, City Council shall consider the following criteria: use of abutting 

properties, right-of-way classifications, extent of existing solid fencing within the 

surrounding area, fence or alternative shielding device materials proposed, length of 

proposed fence/wall, and type of materials being stored. 



Zoning Director Neal read a letter in support of this item from Ralph Wescott. 

Cecil Bradbury, 9400 50 th Way, stated he is representing the applicant and provided 

information and pictures pertaining to this item. 

Joe Shelley, 6035 86 th Avenue, stated a concrete wall is a tremendous expense and it should 

not be required because a wooden fence is sufficient. 

Richard Furgeson, 6720 114 th Avenue, stated it would be almost impossible to build a 

concrete wall at this site. 


Councilwoman Bradbury stated for the record that although her father is representing the 

applicant, there is no monetary gain to her father or her concerning this item. 





to APPROVE a request for a waiver to the requirement for a six-feet-high masonry wall to 

shield outdoor storage areas visible from 118 th Avenue, replacing said wall with a six-feethigh 

solid wood fence, subject to the following condition: 

1. All storage containers must be stored within the fenced storage area. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





FINANCE 

P9 ORDINANCE NO. 3357. AN ORDINANCE AMENDING CHAPTER 2 

“ADMINISTRATION”, OF THE CODE OF ORDINANCES OF THE CITY OF 

PINELLAS PARK, FLORIDA BY AMENDING ARTICLE 6 “CITY PURCHASES”, 

SECTION 2-601 “EXCLUSIVE POWER OF CITY MANAGER TO MAKE 

AUTHORIZED IMPROVEMENTS AND EXPENDITURES; EXCEPTION” AND BY 

AMENDING SECTION 2-602 “BIDS AND ADVERTISING REQUIRED FOR 

CERTAIN PURCHASES; EMERGENCY PURCHASES; EXCEPTIONS”, 

SUBSECTION (A); AUTHORIZING THE CITY MANAGER TO MAKE 

AUTHORIZED IMPROVEMENTS AND EXPENDITURES UP TO AN AMOUNT 

OF $20,000 WITHOUT COUNCIL APPROVAL; PROVIDING FOR AN 



Chapter 2 (Administration) Article 6, Section 2-601 and Section 2-602(A) are being amended 

to raise the bid threshold for City purchases, and authorizing the City Manager to make 

authorized improvements and expenditures up to an approval level of $20,000 without 

Council approval. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





IV. 


OMB 

C1 

ORDINANCE NO. 3362. AMENDING ORDINANCE 3257 ADOPTING THE 



In general, the ordinance amends this year’s budget (in the General Fund) for miscellaneous 

differences between budget and actual, minor unforeseeable items, Police and Fire overtime, 

(due to hiring freeze and disability cases) and defers several Capital Impr. Projects to FY 

05/06. 



C2 AUTHORIZATION FOR PURCHASE UNDER FLORIDA STATE CONTRACT – 

American Park & Play, Inc., 1921 Hastings Lane, Clearwater, FL 33763 

This recycled tire playground surfacing will be installed under the playground equipment at 

Helen Howarth Park. The playground surfacing will be purchased under Florida State 

Contract #650-001-04-01, from American Park and Play, 1921 Hastings Lane, Clearwater, 

FL. The cost for 3,940 square feet of cushioned playground surfacing is $25,567.00, which 

will be charged to account 301-781-5789-14. The entire $25,567 amount will be reimbursed 

to the City by Pinellas County through the Municipal Recycling Reimbursement Grant 

Program. 

Authorization to purchase recycled playground tiles from American Park and Play 

(Clearwater, FL) at a total cost of $25,567, to be charged to the appropriate account. 




FINANCE 

ITEM C3 WAS DELETED FROM THE AGENDA 



CERTAIN PARCELS OF LAND GENERALLY LOCATED AT 10875 52 ND STREET 

NORTH AND THE ABUTTING PROPERTY TO THE SOUTH (KOZELL, 

RICHARD S. JR. AND CANGIANO, VINCENT AX05-20) AND (PFI LAND 

DEVELOPMENT, INC. AX05-21) 



Owners plans to develop both parcels as Southern Pine Lumber Company. 



NORTH (FARRELL HOMES, INC. AX05-47) 



Owner plans to construct ten, single-family homes; one on each lot. 


CERTAIN ROAD RIGHT-OF-WAY LOCATED AT 110TH AVENUE NORTH AND 

58 TH STREET NORTH ( ROAD RIGHT-OF-WAY - AX05-49) 


The road right-of-way being annexed (2.50 acres MOL) is one of the last segments of 110 th 

Avenue North right-of-way and 58 th Street North right-of-way not currently in the City. 

Farrell Homes, Inc. has asked that the City annex this small, remaining piece of 110 th Avenue 

North and 58 th Street North right-of-way. Upon approval of their annexation agreement, 

Farrell Homes, Inc. will deed to the City the north five (5) feet of their property located at 

11000 58 th Street North for additional City right-of-way. 




C7 






Owner plans to build a single-family residence on the site. 




C8 



CODE OF ORDINANCES AND CITY ZONING MAP BY REZONING CERTAIN 

PARCELS OF LAND GENERALLY LOCATED WEST OF 60 TH STREET NORTH 

AND NORTH OF 96 TH TERRACE NORTH (9670 60 TH STREET AND VACANT 

PARCEL TO THE NORTH) MORE PARTICULARLY DESCRIBED IN EXHIBIT 

“A” ATTACHED HERETO AND MADE A PART THEREOF; FROM “RE” 

RESIDENTIAL ESTATE DISTRICT TO “R-2” SINGLE-FAMILY RESIDENTIAL 

DISTRICT, AND ADOPTING A MASTER PLAN AND SUPPORTING 

DOCUMENTATION FOR AN "RPUD" RESIDENTIAL PLANNED UNIT 

DEVELOPMENT FOR AN 11 UNIT SINGLE-FAMILY SUBDIVISION, IMPOSING 

CONDITIONS OF DEVELOPMENT; CERTIFYING CONSISTENCY WITH THE 

CITY'S ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF 



(PUD 2005-5/Z2005-6/,BOA 2005-30 – William and Martha Wickham and Selma 

Bengston, Owner; Roger Broderick and Robert Pergolizzi, Agents.) 


(PUBLIC HEARING, AUGUST 25, 2005) QUASI-JUDICIAL 

The applicant is requesting the rezoning and “RPUD” Residential Planned Unit Development 

overlay for the development of a single-family detached subdivision of eleven single-family 

homes on 3.33 acres with variances to the creation of a private right-of-way of substandard 

width, lot width, distance of a driveway from a property line, lot frontage on a street, a T-type 

turnaround in lieu of a cul-de-sac, and the requirement to construct sidewalks on both sides 

of a street and to have a single point of egress/ingress. At their meeting of July 7, 2005, the 

Planning and Zoning Commission recommended approval of the request 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 unit. 

2. The Final Plat for this subdivision shall include a non-ingress/egress 

easement along 98 th Avenue to prevent the installation of driveways onto the 

public rights-of-way. 

3. Sidewalks five feet in width shall be constructed for the site frontages along 

98 th Avenue, 60th Street, and 96 th Terrace North as required. 

4. Criteria assigned to subdivision in notes on submitted site plan shall be 

accepted as governing regulations for the development. All regulations not 

addressed shall revert to Code in affect at time of “PUD” Planned Unit 

Development adoption. 




C9 




PARCEL OF LAND GENERALLY LOCATED AT 7195 53 RD STREET AND MORE 

PARTICULARLY DESCRIBED IN EXHIBIT "A," WHICH IS ATTACHED 

HERETO AND MADE A PART THEREOF; FROM “R-6” MULTI-FAMILY 

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 SINGLE-FAMILY DETACHED 

SUBDIVISION; IMPOSING CONDITIONS OF DEVELOPMENT; CERTIFYING 

CONSISTENCY WITH THE CITY'S ADOPTED COMPREHENSIVE PLAN; 



FOR AN EFFECTIVE DATE. (PUD 2005-7/CU 2005-26/BOA 2005-29 – 

Broderick/Stross Construction) 


(PUBLIC HEARING - August 25, 2005 - QUASI JUDICIAL) 


and the adoption of a Master Plan for the development of a five unit single-family attached 

townhome subdivision for a parcel of land generally located at 7195 53 rd Street, 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, two separate points of ingress/egress, and sidewalks on 

both sides of a right-of-way. Surrounding land uses are: to the north, a triplex; to the west, 

single-family dwellings; to the east, an apartment complex; and to the south, an apartment 

complex and an assisted living facility. The Planning and Zoning Commission on July 7, 

2005, recommended Approval of the rezoning and Master Plan based on the "Responses of 

Relevant Considerations for Rezoning." The relevant considerations found that the rezoning 


service levels subject to the following conditions: 



2. The pavement width of the private streets shall be no less than twenty-four 

feet, which includes curb and gutter. 

3. A perpetual easement of forty feet will be required across the entire proposed 

private right-of-way for ingress/egress and for utilities. 

4. Criteria assigned to the subdivision in notes provided on the submitted site 

plan shall be accepted as governing regulations for the development. All 

regulations not addressed shall revert to the Land Development Code in affect 

at time of “PUD” adoption. 




C10 




PARCELS OF LAND GENERALLY LOCATED AT 10812 66 TH STREET NORTH 

AND THE VACANT PARCEL TO THE SOUTH, AND MORE PARTICULARLY 

DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART 

HEREOF, FROM “B-1” GENERAL COMMERCIAL TO “M-1” LIGHT 

INDUSTRIAL; CERTIFYING CONSISTENCY WITH THE CITY'S ADOPTED 



SUCH CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. (Z 2005-7 Roger 

Broderick) 


(Public Hearing, August 25, 2005 – QUASI-JUDICIAL) 

The applicant is proposing a rezoning from “B-1” General Commercial to “M-1” Light 

Industrial on approximately 2.37 acres located at 10812 66 th Street for light industrial uses. 

With the proposed rezoning, this parcel will be brought into conformance with the existing 

Land Use Plan Map designation of Industrial Limited (IL). At its meeting on July 7, 2005, 

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, “C-3” (County) and “M-1” Light Industrial; 

to the south, “M-1” Light Industrial; to the east, “R-1” Single-Family Residential; and to the 

west, “M-1” Light Industrial. 





appropriate, Items C1, C2 and C4 through C10, inclusive, with Items C1, and C4 through 

C10 being First Reading Prior to Public Hearing and deleting Item C3 and SECONDED by 

Vice-Mayor Bailey-Snook. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 




None 



None 







R1 

REAPPOINTMENT TO THE PINELLAS PARK POLICE OFFICERS’ PENSION 

BOARD OF TRUSTEES — One Council Appointed Member 

Mr. Earl Clements was originally appointed in 1999 to serve as a member on the Pinellas 

Park Police Officers’ Pension Board. Mr. Clements’ term is due to expire October 2005, 

and he is interested in continuing this service. Members serve for a two-year term. 

MOTION was made by Councilwoman Bradbury, and SECONDED by Vice-Mayor 

Bailey-Snook to APPROVE the reappointment of Earl Clements to serve as a resident 

member of the Pinellas Park Police Officers’ Pension Board of Trustees with term to expire 

October 2007. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





R2 

REAPPOINTMENT TO THE PINELLAS PARK FIREFIGHTERS’ PENSION 

BOARD OF TRUSTEES – One Council Appointed Member 

Mrs. Rebecca Hamm was appointed earlier this year to serve as a member on the Pinellas 

Park Firefighters’ Pension Board. Mrs. Hamm’s term is due to expire October 2005, and she 

is interested in continuing this service. Members serve for a two-year term. 


to APPROVE the reappointment of Rebecca Hamm to serve as a resident member of the 

Pinellas Park Firefighters’ Pension Board of Trustees with term to expire October 2007. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





R3 



Mr. John Hofstadter was originally appointed in 2003 to serve as a member on the Pinellas 

Park Police Officers’ Pension Board. Mr. Hofstadter’s term is due to expire October 2005, 

and he is interested in continuing this service. Members serve for a two-year term. 


to APPROVE the reappointment of John Hofstadter to serve as a resident member of the 

Pinellas Park Police Officers’ Pension Board of Trustees with term to expire October 2007. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





R4 



Mr. Robert Meyer was originally appointed in 2003 to serve as a member on the Pinellas 

Park Firefighters’ Pension Board. Mr. Meyer’s term is due to expire October 2005, and he is 

interested in continuing this service. Members serve for a two-year term. 


to APPROVE the reappointment of Robert Meyer to serve as a resident member of the 

Pinellas Park Firefighters’ Pension Board of Trustees with term to expire October 2007. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





R5 


BOARD OF TRUSTEES – Fifth Member 

Section 17-422 of the City’s Code of Ordinances and Florida Statutes Chapter 185 require 

the makeup of the Police Officers’ Pension Board to consist of two elected representatives, 

two representatives appointed by City Council, and the fifth member to be selected by the 

board and officially appointed by Council. Members serve a two-year term. At their meeting 

on August 10, 2005 the Police Officers’ Pension Board approved the reappointment of Mr. 

Ronald Miller to serve as their fifth member. Mr. Miller has been serving on this board since 

its creation in 1999. 


to APPROVE the reappointment of Ronald Miller to serve as the fifth trustee on the Pinellas 

Park Police Officers’ Pension Board of Trustees with term to expire October 2007. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





R6 


BOARD OF TRUSTEES – Fifth Member 

Section 17-322 of the City’s Code of Ordinances and Florida Statutes Chapter 175 require 

the makeup of the Firefighters’ Pension Board to consist of two elected representatives, two 

representatives appointed by City Council, and the fifth member to be selected by the board 

and officially appointed by Council. Members serve a two-year term. At their meeting on 

August 4, 2005 the Firefighters’ Pension Board approved the reappointment of Mr. Clyde 

Walters to serve as their fifth member. Mr. Walters has been serving on this board since its 

creation in 1999. 


to APPROVE the reappointment of Clyde Walters to serve as the fifth trustee on the Pinellas 

Park Firefighters’ Pension Board of Trustees with term to expire October 2007. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





POLICE 

R7 

CONSIDERATION FOR A CODE ENFORCEMENT LIEN ELIMINATION — For 

Velma M. Plagmann and the property located at 7461 35 th Street, Pinellas Park, FL 

James Plagmann (son of Velma Plagmann) requests a reduction of the lien on the property 

located at 7461 35 th Street due to extenuating circumstances. There is one outstanding lien 

on the property for the amount of $3,520. After careful review of the case, the Special 

Hearing Master recommends this lien be eliminated. 


to APPROVE the Code Enforcement lien elimination request against Velma M. Plagmann 

and the property located at 7461 35 th Street, Pinellas Park, Florida, be eliminated. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 






R8 


FARRELL HOMES, INC. (AX05-47) — Annexation of 2.16 acres MOL located at 




Farrell Homes, Inc. 


11000 58 th St. N. 





♦ 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 ten (10), single-family homes; one on each lot, 

located at 11000 58 th Street North, estimated to be Twenty Five Thousand 

Dollars ($25,000.00). 

♦ The Owner shall be permitted to build ten (10), single-family homes on the 

Property; one on each lot, incorporating Pinellas County’s R-3 set back and 

lot size requirements to the said development. 

♦ The Owner will deed to the City the north five (5) feet of the Property for 

additional right-of-way, which shall thereafter be a City right-of-way. 





to APPROVE authorization for Mayor to sign an Annexation Agreement with Farrell 

Homes, Inc. for annexation of 2.16 acres MOL located at 11000 58 th Street North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


Economic Development Specialist Webber explained the special provisions for this 

agreement inclusive of a waiver of $25,000 in fees which will almost be recouped within the 

first year. 

Discussion was held on the address of the property. 




R9 





to construct a single-family home on the lot. 






Expended 


Waived 





on the Property, estimated to be Two Thousand Five Hundred Dollars 

($2,500.00). 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


Economic Development Specialist Webber stated $2,500 has been waived in fees and that 

will be recovered in 2.2 years. 




MISCELLANEOUS 

M1 

ENTERTAINMENT BOOKS 

Mayor Mischler stated the Pinellas Park Police Explorers Post #912 are selling 2006 

Entertainment Books for $25.00. 

ADJOURNMENT 


Attest: 

_____________________________________ 



_____________________________________ 


Mayor 

/cgg 






MINUTES 

August 25, 2005 



PRESENT: 

ABSENT: 











Administrator, Randy Linthicum - Public Works Administrator, Tom Nicholls – Police Chief, 

Dorene Thomas – Deputy Fire Chief, Steve McCarthy – Office of Management and Budget 

Administrator, Dan Katsiyiannis – Office of Management Analyst, Linda Hopton - Community 

Planning Director, Bob Bray – Utility Billing Director, Nancy McWade – Utility Billing Manager, 

James Walker – Engineering Services Director, Scott Pinheiro - Staff Assistant, Kelly Haworth – 

Administrative Clerk, Pam Martin – City Clerk, Diane M. Corna, and Deputy City Clerk, Christine 

Gardner. 





Police Sergeant, Mike Darroch 




II. 


Approval of Regular Council Minutes of August 11, 2005, as on file in the City Clerk’s 

Office. 


to APPROVE the Regular Council Minutes of August 11, 2005, as on file in the City 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


STAFF MEMBERS WERE SWORN IN TO SPEAK ON QUASI-JUDICIAL ITEMS 

MAYOR MISCHLER ANNOUNCED THAT VICE-MAYOR BAILEY-SNOOK WILL BE 

ABSENT THIS EVENING. 




III. 


OMB 

P1 RESOLUTION NO. 05-34. A RESOLUTION INCREASING THE REVENUE 8.68% 

FROM AD VALOREM TAXATION OF PROPERTY WITHIN THE CORPORATE 

LIMITS OF THE CITY OF PINELLAS PARK, FLORIDA, TO $13,732,246. 

FIRST READING AND PUBLIC HEARING 

This Resolution established the City millage rate for fiscal year 2005-2006 property taxes, 

which will be billed by the County Tax Collector in November. The proposed rate is 5.0788 

mills, which represents an 8.68% increase over the rolled-back rate, and is consistent with the 

proposed budget. 

Office of Management and Budget Administrator Katsiyiannis gave a presentation outlining 

Items P1 and P2. 

Councilwoman Bradbury thanked staff for bringing grant money into the City to help the 

community and bring back money citizens paid in taxes. 

Councilman Taylor asked what percent the City receives of a resident’s tax bill? 

Administrator Katsiyiannis stated the City receives slightly less than 20% of the total tax bill 

that a resident pays. 

Discussion was held on roll back rates. 


Joel Woltman, 7005 82 nd Avenue, spoke in opposition to providing Police Officers with take 

home vehicles. 

Randy Heine, 7451 Park Boulevard, stated if a taxpayer wants to purchase the budget book it 

costs $67.50 and he thinks that is a little bit outrageous. 

Mr. Heine stated employees receive a 5.5% raise in this budget and he thinks that is a little 

high and requested that Council figure out how to help the taxpayers with increased taxes. 

Mike Allen, 6221 62 nd Avenue, stated every year bills go up and recommended Council look 

at cutting back on personnel and salaries. 

Administrator Katsiyiannis stated City Manager Gustafson has eliminated quite a few jobs 

and has saved the City, on an annual basis, at least $750,000. 




Discussion was held on the City Manager position, employee retention and training and the 

pay rate of Police Officers and various employees. 

Tim Healey, representing C. Fred Deuel Surveyors and Engineers, 1620 1 st Avenue N., St. 

Petersburg, stated he is not a citizen of Pinellas Park but he has never worked with a group of 

more professional people than City Staff. 

Marshall Cook, 9300 54 th Street, stated he thinks the City does well with money and the 

budget and requested the people on fixed incomes are not forgotten. 

Mr. Heine stated when times get tough everyone needs to work together and sometimes a pay 

raise is not in order. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P2 

ORDINANCE NO. 3369. AN APPROPRIATIONS AND TAX LEVY ORDINANCE 

OF THE CITY OF PINELLAS PARK, FLORIDA, COVERING THE FISCAL YEAR 

BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006; 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. 

FIRST READING AND PUBLIC HEARING 

This Ordinance legally appropriates the City budget for the fiscal year October 1, 2005 

through September 30, 2006. It reflects the changes as discussed at Council’s Budget 

Workshop. 



Randy Heine, 7451 Park Boulevard, asked if this is the entire ordinance that goes on the 

record books? 

Office of Management and Budget Administrator stated yes, it is. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P3 ORDINANCE NO. 3362. AMENDING ORDINANCE 3257 ADOPTING THE 



In general, the ordinance amends this year’s budget (in the General Fund) for miscellaneous 

differences between budget and actual, minor unforeseeable items, Police and Fire overtime, 

(due to hiring freeze and disability cases) and defers several Capital Improvement. Projects to 

FY 05/06. 



Mr. Randy Heine, 7451 Park Boulevard, asked what the difference is between Ordinance No. 

3257 and 3362? 

Office of Management and Budget Administrator stated that Ordinance No. 3257 was the 

original ordinance adopting the budget for this year and Ordinance 3362 amends that 

ordinance. 

Mr. Heine asked if the entire ordinance is supposed to be read into the record? 

City Attorney Denhardt stated the ordinance was read by title only. 

Administrator Katsiyiannis explained this ordinance basically shifts funds around to make up 

for unexpected expenditures and to adjust the Capital Improvements Program for several 

projects that have slipped. 

Mayor Mischler explained the monetary adjustments that have been made. 

Administrator Katsiyiannis explained situations that create the need to revise the budget. 

Mike Allen, 6221 62 nd Avenue, requested information pertaining to Police Department 

employee overtime. 

Police Chief Thomas stated Police Officer’s receive overtime when an employee has an 

extension of a regularly scheduled work day or when an outside agency contracts with the 

City to pay an Officer for extra security. 

Marshall Cook, 9300 54 th Street, commended the Police Department for the job they did 

during the Schiavo case and stated they earned their overtime in that situation. 

Mayor Mischler also commended the Police Department for a job well done during the 

Schiavo case. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





FINANCE 

P4 

RESOLUTION NO. 05-32. AMENDING RESOLUTION NO. 04-23 RELATING TO 

THE OPERATION OF THE WATER AND SEWER SYSTEMS; MAKING 

FINDINGS; REVISING WATER AND SEWER 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 wholesale water rate increase of 10% ($.23 per thousand gallons as 

notified by Pinellas County). In addition, the City’s Utility Rate Study requires a 4.25% rate 

increase for Water and Sewer. This rate increase will be effective with all billing issued after 

October 1, 2005. This expense is paid from account number 401-311-5-52109 for water 

purchase, and 401-322-5-52208 for sewage treatment. 







Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 








NORTH AND THE ABUTTING PROPERTY TO THE SOUTH (KOZELL, 

RICHARD S. JR. AND CANGIANO, VINCENT AX05-20) AND (PFI LAND 

DEVELOPMENT, INC. AX05-21) 



owners plan to develop both parcels as Southern Pine Lumber Company. 



Tim Healey, C. Fred Deuel Surveyors and Engineers, 1620 1 st Avenue N., St. Petersburg, 


Marshall Cook, 9300 54 th Street, asked if this will be a wholesale business? 

Mr. Healey stated it is mainly wholesale to contractors. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 







NORTH (FARRELL HOMES, INC. AX05-47) 






Mike Allen, 6221 62 nd Avenue, stated Mr. Farrell builds some of the finest product around 

and anything that can be done to encourage his further business in this area would be 

beneficial to the City. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


Councilman Taylor stated Mr. Farrell runs a terrific company. 





CERTAIN ROAD RIGHT-OF-WAY LOCATED AT 110TH AVENUE NORTH AND 

58 TH STREET NORTH ( ROAD RIGHT-OF-WAY - AX05-49) 


The road right-of-way being annexed (2.50 acres MOL) is one of the last segments of 110 th 

Avenue North right-of-way and 58 th Street North right-of-way not currently in the City. 

Farrell Homes, Inc. has asked that the City annex this small, remaining piece of 110 th Avenue 

North and 58 th Street North right-of-way. Upon approval of their annexation agreement, 

Farrell Homes, Inc. will deed to the City the north five (5) feet of their property located at 

11000 58 th Street North for additional City right-of-way. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P8 






Owner plans to build a single-family residence on the site. 



Mike Allen, 6221 62 nd Avenue, asked why the City can’t get better plat maps to show on the 

projector because it is tough to tell where the property is. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P9 




PARCELS OF LAND GENERALLY LOCATED WEST OF 60 TH STREET NORTH 

AND NORTH OF 96 TH TERRACE NORTH (9670 60 TH STREET AND VACANT 

PARCEL TO THE NORTH) MORE PARTICULARLY DESCRIBED IN EXHIBIT 

“A” ATTACHED HERETO AND MADE A PART THEREOF; FROM “RE” 

RESIDENTIAL ESTATE DISTRICT TO “R-2” SINGLE-FAMILY RESIDENTIAL 

DISTRICT, AND ADOPTING A MASTER PLAN AND SUPPORTING 

DOCUMENTATION FOR AN "RPUD" RESIDENTIAL PLANNED UNIT 

DEVELOPMENT FOR AN 11 UNIT SINGLE-FAMILY SUBDIVISION, IMPOSING 

CONDITIONS OF DEVELOPMENT; CERTIFYING CONSISTENCY WITH THE 

CITY'S ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF 



(PUD 2005-5/Z2005-6/,BOA 2005-30 – William and Martha Wickham and Selma 

Bengston, Owner; Roger Broderick and Robert Pergolizzi, Agents.) 



The applicant is requesting the rezoning and “RPUD” Residential Planned Unit Development 

overlay for the development of a single-family detached subdivision of eleven single-family 

homes on 3.33 acres with variances to the creation of a private right-of-way of substandard 

width, lot width, distance of a driveway from a property line, lot frontage on a street, a T-type 

turnaround in lieu of a cul-de-sac, and the requirement to construct sidewalks on both sides 

of a street and to have a single point of egress/ingress. At their meeting of July 7, 2005, the 

Planning and Zoning Commission recommended approval of the request subject to the 




2. The Final Plat for this subdivision shall include a non-ingress/egress 

easement along 98 th Avenue to prevent the installation of driveways onto the 

public rights-of-way. 

3. Sidewalks five feet in width shall be constructed for the site frontages along 

98 th Avenue, 60th Street, and 96 th Terrace North as required. 











Robert Pergolizzi, Gulf Coast Consulting, stated he is representing the property owners and 

contract purchasers, agrees with the conditions of approval and is present to answer any 

questions. 

Marshall Cook, 9300 54 th Street, asked if a sidewalk will be put in on this property? 

Mr. Perologizzi stated as part of the condition for approval the missing segment of the 

sidewalk will be built. 

Cecil Bradbury, 9400 50 th Way, stated there is a portion of right-of-way that is shown on the 

map and asked if that will be dedicated to the City to allow an equal amount of right-of-way 

north and south. He explained an area of land that he believed the City should get as a part of 

the agreement. 

Zoning Director Neal stated there is not a condition in the PUD asking for the additional 

right-of-way but it is required by code. 

Assistant City Manager Shevlin stated it is shown on the plat as being dedicated. 

Mr. Pergolizzi stated according to the survey that was done, the property it squared on the 

western side of 60 th Street so that right-of-way is actually there. 

Director Neal explained the map showing where the property line and right of way width are 

located. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P10 




PARCEL OF LAND GENERALLY LOCATED AT 7195 53 RD STREET AND MORE 

PARTICULARLY DESCRIBED IN EXHIBIT "A," WHICH IS ATTACHED 

HERETO AND MADE A PART THEREOF; FROM “R-6” MULTI-FAMILY 

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 SINGLE-FAMILY DETACHED 

SUBDIVISION; IMPOSING CONDITIONS OF DEVELOPMENT; CERTIFYING 

CONSISTENCY WITH THE CITY'S ADOPTED COMPREHENSIVE PLAN; 



FOR AN EFFECTIVE DATE. (PUD 2005-7/CU 2005-26/BOA 2005-29 – 

Broderick/Stross Construction) 




and the adoption of a Master Plan for the development of a five unit single family attached 

townhome subdivision for a parcel of land generally located at 7195 53 rd Street, 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, two separate points of ingress/egress, and sidewalks on 

both sides of a right-of-way. Surrounding land uses are: to the north, a triplex; to the west, 

single-family dwellings; to the east, an apartment complex; and to the south, an apartment 

complex and an assisted living facility. The Planning and Zoning Commission on July 7, 

2005, recommended Approval of the rezoning and Master Plan based on the "Responses of 

Relevant Considerations for Rezoning." The relevant considerations found that the rezoning 


service levels subject to the following conditions: 




feet, which includes curb and gutter. 

3. A perpetual easement of forty feet will be required across the entire proposed 

private right-of-way for ingress/egress and for utilities. 

4. Criteria assigned to the subdivision in notes provided on the submitted site 

plan shall be accepted as governing regulations for the development. All 

regulations not addressed shall revert to the Land Development Code in affect 

at time of “PUD” adoption. 







Robert Pergolizzi, Gulfcoast Consulting, stated he is agrees with the conditions of approval 

and is available to answer any questions. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P11 




PARCELS OF LAND GENERALLY LOCATED AT 10812 66 TH STREET NORTH 

AND THE VACANT PARCEL TO THE SOUTH, AND MORE PARTICULARLY 

DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART 

HEREOF, FROM “B-1” GENERAL COMMERCIAL TO “M-1” LIGHT 

INDUSTRIAL; CERTIFYING CONSISTENCY WITH THE CITY'S ADOPTED 



SUCH CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. (Z 2005-7 Roger 

Broderick) 



The applicant is proposing a rezoning from “B-1” General Commercial to “M-1” Light 

Industrial on approximately 2.37 acres located at 10812 66 th Street for light industrial uses. 

With the proposed rezoning, this parcel will be brought into conformance with the existing 

Land Use Plan Map designation of Industrial Limited (IL). At its meeting on July 7, 2005, 

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, “C-3” (County) and “M-1” Light Industrial; 

to the south, “M-1” Light Industrial; to the east, “R-1” Single-Family Residential; and to the 

west, “M-1” Light Industrial. 



Robert Pergolizzi, Gulfcoast Consulting, stated he agrees with the conditions and is available 

to answer any questions. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 



IV. 


FIRE 

C1 

AUTHORIZATION FOR FINAL PAYMENT ON CONTRACT 05/021 FOR 

RESURFACING OF APPARATUS FLOOR AT FIRE STATION #35 – Sunbelt 

Holdings Inc. d.b.a. Horizon Surface Systems 

This action is recommended so that final payment can be processed and the contract 

completed. The total amount of contract 05/021 is $12,350.00 and the final payment amount 

of $1,235.00 is to be charged to account 001-224-5-621-08. 

Authorization to make the final payment for resurfacing of apparatus floor at Fire Station 

#35, contract 05/021, to Sunbelt Holdings Inc. d.b.a. Horizon Surface Systems, Oldsmar, FL, 

in the amount of $1,235.00 to be charged to the appropriate account. 




POLICE 

C2 

APPROVAL OF NEGOTIATIONS AND AUTOHORIZATION TO AWARD 

CONTRACT FOR ARCHITECTURAL SERVICES FOR POLICE DEPARTMENT 

RENOVATIONS – Harvard, Jolly, Clees & Toppe 

The Selection Board, in accordance with Resolution 91-93, has reviewed proposals submitted 

and as a result has negotiated a contract with the highest ranked firm, as this contract has been 

terminated, the Selection Board now recommends the approval of negotiations and 

authorization to award the contract to the second highest ranked firm, Harvard, Jolly, Clees & 

Toppe, in the amount of $45,925.00, which has been determined to be a fair cost for these 

Architectural Services to be charged to account number 301-281-5-735-84. Upon Council’s 

recommendation and authorization and upon approval of a contract from the City Attorney, the 

Mayor is authorized to sign a contract with Harvard, Jolly, Clees & Toppe. 

Approval of negotiations and authorization to enter into a contract with Harvard, Jolly, Clees & 

Toppe, for architectural services for Police Station Renovations in the amount of $45,925.00 

to be charged to account number 301-281-5-735-84. 

Randy Heine, 7451 Park Boulevard, asked if the $46,000 for the architect is to renovate the 

existing building or to add on to it? 

City Manager Gustafson stated it is to renovate the existing building. 

C3 

AUTHORIZATION FOR MAYOR TO SIGN AN INTERLOCAL AGREEMENT 

FOR PINELLAS COUNTY LAW ENFORCEMENT INFORMATION SHARING — 

Police Department 

This authorizes the Mayor to sign an Interlocal Agreement for Pinellas County Law 

Enforcement to provide information sharing including all public record information from 

open or closed reports, narratives not identified as cloaked or draft form, FIRs, traffic crash, 

domestic injunction, traffic and parking citations, arrest affidavits, warrants. 

Authorization for the Mayor to sign the Interlocal Agreement for Pinellas County Law 

Enforcement Information Sharing 

Mr. Heine stated he heard Council discuss Pinellas County wanting to consolidate all the 

municipalities and he does not think Councilmembers are happy with that and this agreement 

looks like the first step towards doing that. 

Mayor Mischler explained interlocal agreements allow for information sharing between 

municipalities. 




PUBLIC WORKS 

C4 

AWARD OF BID – 43 RD STREET (70 TH AVE. TO 78 TH AVE.) ROADWAY & 

RECLAIMED WATER IMPROVEMENTS – (PROJECT 03/001) 


Four (4) bids were received with Kamminga & Roodvoets, Inc., 5219 Cone Road, Tampa, 

FL 33610 being the low bidder with a bid submittal of $3,640,825.05. This project was 

rebid in an attempt to attract additional bidders. Funding for this project is identified in the 

FY 05/06 budget, page 410, in the amount of $3,640,826.00 (see memo from OMB 

Administrator dated 8/12/05 for funding breakdown). This project will be charged to the 

following accounts 301-381-5-795-73, 301-381-5-775-85, and 301-481-5-782-86. 

Authorization to award Bid 03/001 for the 43 rd Street (70 th Ave. to 78 th Ave.) Roadway & 

Reclaimed Water Improvement project, in the amount of $3,640,825.05 to be charged to the 

appropriate accounts. 


C5 CHANGE ORDER NO. 1 AND FINAL PAYMENT ON CONTRACT 03/004 

PROCUREMENT AND INSTALLATION OF EMERGENCY SIGNAL AT 118 TH 

AVENUE AND 43 RD STREET — Viasys Services, Inc., Tampa FL 


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

original contract amount by 9%. The account to be charged will be #301-481-5-777-67. 

Authorization for approval and acceptance of Change Order No. 1, Contract 03/004, 

Procurement and Installation of Emergency Traffic Signal at 118 th Avenue and 43 rd Street, a 

decrease in the contract amount of $8,770.97 for a total adjusted contract amount of 

$88,790.51, and authorization for final payment of $8,879.05 to Viasys Services Inc. 

Specialty Devices, Inc. to be charged to the appropriate account. 






C6 

AUTHORIZATION FOR ADMINISTRATION TO BID ON REAL PROPERTY AT 

THE PINELLAS COUNTY TAX COLLECTOR’S TAX AUCTION TO BE HELD 

AT A LATER DATE Hammon property located at 5803 76 th Avenue North 

The City has filed an application for a tax deed on the John and Aunna Hammon property 

located at 5803 76 th Avenue North. At a later date, the City will be notified of the date of 

the Pinellas County Tax Collector’s auction of properties with delinquent taxes. 

Authorization for City Administration to bid on the John and Aunna Hammon property 

located at 5803 76 th Avenue North at the Pinellas County Tax Auction at a later date as 

determined by the Pinellas County Tax Collector. 

Mr. Heine asked how much the City is allowed to bid on this property? 

City Manager Gustafson stated if the price was disclosed then anybody that bid against the 

City would know how much the City’s bid was. 

Marshall Cook, 9300 54 th Street, asked if anyone is living on this property? 

City Manager Gustafson stated it is a vacant piece of property. 

C7 



NORTH (JOHN D. NOWLING AX05-52) 



Owner’s mobile home is located on this site. 






TERRACE NORTH AND 6028 106 TH AVENUE NORTH (KAMP CUSTOM HOMES 




to construct a single-family home on each of these lots. 


C9 ORDINANCE NO. 3370. AMENDING CHAPTER 18 (LAND DEVELOPMENT 

CODE), ARTICLE 15 “ZONING” OF THE CODE OF ORDINANCES OF THE CITY 

OF PINELLAS PARK, FLORIDA, BY AMENDING SECTIONS 18-1506.21 “B-1” 

GENERAL COMMERCIAL DISTRICT, SUBSECTION 18-1506.21(C)1., 18-1506.22 

“CH” HEAVY COMMERCIAL DISTRICT, SUBSECTIONS 18-1506.22(C)1. AND 

18-1506.22(C)2., SECTION 18-1506.10 “R-6” MULTIFAMILY 

RESIDENTIAL/COMMERCIAL DISTRICT, SUBSECTION 18-1506.10(C)2., 18- 

1506.14 “ROR” RESIDENTIAL/OFFICE/RETAIL DISTRICT, SUBSECTION 18- 

1506.14(C)2., SECTION 18-1506.20 “GO” GENERAL OFFICE DISTRICT, 

SUBSECTION 18-1506.20(C)2., SECTION 18-1506.23 “M-1” LIGHT INDUSTRIAL 

DISTRICT, SUBSECTION 18-1506.23(C)2., “HOTELS AND MOTELS”, BY 

ADDING A NOTE FOR CLARIFICATION OF DEFINITION AND TO THE 

REQUIREMENT OF A PRELIMINARY SITE PLAN APPROVAL; BY AMENDING 

SECTIONS 18-1506.21 “B-1” GENERAL COMMERCIAL DISTRICT AND 

SECTION 18-1506.22 “CH” HEAVY COMMERCIAL DISTRICT, BY CREATING 

NEW SUBSECTIONS 18-1506.21(H) AND 18-1506.22(H) “PRELIMINARY SITE 

PLAN APPROVAL REQUIREMENTS”; BY AMENDING SECTION 18-1502 

“DEFINITIONS”, SUBSECTION 18-1502.2 “HOTELS AND MOTELS” REQUIRING 

A DESIGNATED CUSTOMER SERVICE AREA AND A MANAGER TO BE ON 

SITE 24 HOURS A DAY, SEVEN DAYS A WEEK. (LDC 2005-02) 


Staff is proposing an amendment to the City’s Land Development Code regulations 

governing hotels and motels. In any case where a hotel and/or motel abuts or functionally 

abuts a residential or mixed-use zoning district, City Council shall review and approve a 

Preliminary Site Plan and will be subject to regulations as defined in the amended definition 

of “Hotels and Motels”. The amended definition of “Hotels and Motels” will require a 

designated customer service area and a manager to be on site 24 hours a day, seven days a 

week. 




C10 




OF LAND LOCATED AT 6315 62 nd AVENUE AND MORE PARTICULARLY 

DESCRIBED IN EXHIBIT "A," WHICH IS ATTACHED HERETO AND MADE A 

PART THEREOF; FROM “F” FARM DISTRICT TO “R-2” SINGLE-FAMILY 

RESIDENTIAL DISTRICT AND ADOPTING A MASTER PLAN AND 


UNIT DEVELOPMENT FOR A SINGLE-FAMILY DETACHED SUBDIVISION; 





EFFECTIVE DATE. (PUD 2005-9/Z 2005-8/BOA 2005-50) 



The applicant is requesting the rezoning from “F” Farm to “R-2” Single-Family Residential 

with a “RPUD” Residential Planned Unit Development overlay for the development of a 

single-family detached subdivision of sixteen single-family homes on 4.51 acres with 

variances to the following: width of a public right-of-way from sixty feet to fifty feet, single 

point of ingress/egress, requirement that all new subdivisions shall improve all abutting 

right-of-way’s to City standards (including paving, curbing and sidewalks), double fronted 

lots, T-turnaround in lieu of a cul-de-sac, maximum block length from six hundred feet to six 

hundred and eleven feet, and requirement to install sidewalks on all abutting right-of-way’s, 

in this case 63 rd Street, subject to the following conditions: 


feet, not including curb and gutter. 

2. A six-foot-high, solid fence shall be provided along the western property line 

as depicted on plans prior to issuance of construction permits for the 

dwellings. 

3. The Final Plat for this subdivision shall include a perpetual noningress/egress 

easement along 63 rd Street. 

4. If decorative paving will be utilized in the right-of-way, all repairs to said 

paving will be the responsibility of the Home Owners Association. 


Unit Development Master Plan (Exhibit “B”) for each lot. (Setbacks shall be 

as follows: Front – 20 feet, Side – 10 feet, Rear – 10 feet, and Secondary 

Front - 10 feet, except lot 16, which will have a Secondary Front of 15 feet.) 



addressed shall revert to Code in effect at the time of “PUD” Planned Unit 





Mr. Heine read the setbacks for this development which he feels is a little tight. 

Zoning Director Neal stated the setbacks, except for the rear setback, are identical to what is 

required in the R2 District. 

All PARTIES WERE SWORN IN PRIOR TO THEIR TESTIMONY 

Mr. Heine stated he is seeing a future problem with so many people and cars. 

Mike Allen, 6221 62 nd Avenue stated it is going to be a good thing for the City to develop 

this property. 


appropriate, Items C1 thru C10 inclusive, with Items C7 thru C10 inclusive being First 

Reading Prior to Public Hearing and SECONDED by Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 







R1 

REAPPOINTMENTS TO CIVIL TRIAL COMMISSION — Carl T. Gingola and 

Nancy E. Morais 

The term of Carl T. Gingola, as a Regular Member and Chairperson of the Civil Trial 

Commission, is due to expire September 30, 2005. The term of Nancy E. Morais, as an 

Alternate Member of the Civil Trial Commission, is due to expire September 30, 2005. 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 the 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, 

2008. 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, 2008. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 






R2 

APPROVAL OF VOLUNTARY ANNEXATION OF PROPERTY OWNED BY JOHN 

D. NOWLING (AX05-52) — Annexation of 0.14 acres MOL located at 6009 107 th 

Avenue North 


is a mobile home located on this site. 

John D. Nowling 






to APPROVE the voluntary annexation of 0.14 acres MOL of property owned by John D. 

Nowling located at 6009 107 th Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





R3 



MOL located at 6027 105 th Terrace North and 6028 106 th Avenue North 


to construct two single-family homes, one on each lot. 


6027 105 th Terrace North and City Projected City Funds City Fees 





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

homes, one on each lot, estimated to be Five Thousand Dollars ($5,000.00). 

MOTION was made by Councilman Taylor , and SECONDED by Councilwoman Bradbury 


Custom Homes Corporation for annexation of 0.28 acres MOL located at 6027 105 th Terrace 

North and 6028 106 th Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





MISCELLANEOUS 

M1 


Police Chief Thomas stated the Police Explorers Post #912, will hold their annual spaghetti 

dinner and bake sale on Friday, August 26, 2005 from 5:00 p.m. to 8:00 p.m. at the Senior 

Recreation Center. 

M2 

LEGAL BILLS 

Randy Heine, 7451 Park Boulevard, stated the legal bills for the City Attorney for the last 

year totaled $227,690 so maybe it is time to think about obtaining a Staff Lawyer. 

Discussion was held on the City Attorney selection process used to choose City Attorney 

Denhardt. 

M3 

TIME LIMIT 

Randy Heine, 7451 Park Boulevard, stated he understood City Attorney Denhardt to interpret 

the decorum rules to mean that at the end of the meeting a person could only speak one time 

and asked for clarification. 

City Attorney Denhardt explained that Section 12 of Resolution 85-68 states the individual 

shall limit his address to three minutes unless the time is extended by Council. 

Mayor Mischler stated this means per item, so every item on the agenda gives each person 

three minutes. 

Discussion was held on the intent of the rules. 

Cecil Bradbury, 9400 50 th Way, explained his understanding of the intent of the time 

limitation when the resolution was originally passed. 

Mayor Mischler stated the policy of the City is that at the end of the meeting, if any member 

of the audience wants to speak, they have three minutes unless Council wants to hear 

additional information. 

Councilman Butler stated that is fine with him. 

Councilman Taylor stated he can’t remember this policy not working. 




M4 

CITIZEN CONCERN 

Mike Allen, 6221 62 nd Avenue, provided information on historical and recent terrorist events 

and war. 

Mr. Allen spoke in opposition to suppression of free speech, misuse of the Police 

Department, City officials ignoring citizen input, the increasing size of the budget, employee 

raises and outrageous spending. 

M5 

REPEAL OF RESOLUTION 

Kenneth Cramer, Pinellas Park, requested that City Council repeal Resolution 85-68 until it 

can be rewritten into a more palatable document that sets reasonable guidelines allowing 

citizens to have input into the operation of their government. 

Mr. Cramer volunteered to assist City Staff in crafting a new document and requested former 

Mayor Bradbury be included in drafting a new document. 

Councilman Butler stated he is open to looking at revising this resolution but when you look 

at what other governments are doing then these guidelines aren’t that bad. 

Councilman Butler stated he is open to looking at this because things are getting a little off 

track and maybe this would be the best way to handle it? 

Councilman Taylor asked if Mr. Cramer ever saw this get abused anyway, where there 

wasn’t free access for people to talk about whatever they might want. 

Mr. Cramer stated he has not, until the last year and he feels that it needs to be clarified that 

Council wants people to come up and talk. 

Discussion was held on the policies for other governing bodies. 

Mayor Mischler stated he agrees with Councilman Taylor that he has not seen any abuse and 

as far as he is concerned he does not want to change anything. 

Mr. Cramer stated there have been times that people have abused the privilege and Council 

has been very good about it. 

Councilwoman Bradbury stated this is a perfect opportunity to workshop this item but she 

would not want to repeal the ordinance at this time. 

Councilwoman Bradbury stated she would like the opportunity to discuss each 

Councilmembers opinion receive input from the public. 




Councilman Butler stated he doesn’t know of anybody whose comments were restricted by 

Council. 

Councilwoman Bradbury stated she feels the resolution was interpreted correctly during this 

meeting. 

Councilman Butler stated there are specific rules for quasi-judicial hearings that must be 

adhered to. 

Councilman Butler stated Council needs to review the policies of the other municipalities in 

Pinellas County to determine if the current approach is best. 

Mayor Mischler asked if Councilman Taylor would like to re-open or look at this issue. 

Councilman Taylor stated no, he thinks the City Attorney has defined this and three minutes 

has to start somewhere and the magic number for some won’t be the same for others. 

Mayor Mischler stated he feels the same way as Councilman Taylor because he feels its fine 

now. 

M6 

TAXES 

Mike Scavelli, 6861 59 th Street, stated the City taxes have remained the same for the last 

eight years but Pinellas County taxes have gone up so anyone with issues on taxes going up 

they need to go to Pinellas County or the School Board. 

Mr. Scavelli stated the City has done a fine job. 

M7 

PATRIOT DAY 

Mike Scavelli stated Patriot Day is September 11, 2005, and he reminded Council City flags 

should be at half mast that day. 

M8 


Mike Scavelli, 6861 59 th Street, congratulated Councilman Taylor for making his fourth and 

final degree with the Knights of Columbus and he is now Councilman Sir Knight, Ed Taylor. 

M9 

TIME LIMIT 

Marshall Cook, 9300 54 th Street, stated he did not hear anything about time limits being 

extended when someone is speaking for a group. 

Mr. Cook stated he has no problem with the way the time was regulated at this meeting. 




M9 

THANK YOU 

Marshall Cook, 9300 54 th Street, thanked City employees for doing so much for the 

community and the citizens. 

Mr. Cook thanked City Staff, Lowes, Thunderbay Roofing, the Mission, AFSCME and IAFF 

for helping him get a roof for his home. 

M10 

MUNICIPAL SERVICES CONSOLIDATION 

Marshall Cook, 9300 54 th Street, stated he does not want City departments to be absorbed by 

Pinellas County and requested that citizens guard the employees. 

Kenneth Cramer, Pinellas Park, stated he would like to echo Mr. Cook’s statements and he 

does not want Pinellas County to take over City services. 

Mayor Mischler stated Council is not going to have a choice because a Charter Review 

Committee is looking at consolidating services and it will be up to the voters of Pinellas 

County to decide. 

Councilman Butler stated don’t think because there is a state law protecting Pinellas Park 

that Pinellas County doesn’t have the ear of the State Legislature. 

Mr. Cramer stated it is incumbent upon Council to publicize to the citizens of the community 

that this should not happen. 

Mayor Mischler stated Pinellas County is the only Charter County that has to be approved by 

the State Legislature in order to make these changes and the Pinellas County Board of 

County Commissioners is trying to get that changed. 

Mike Allen, 6221 62 nd Avenue, asked if there has been a study on the consolidation the City 

of Jacksonville went through. He stated reading about things that happened afterwards 

provides ways of fighting it. 

Councilman Butler stated that consolidation of government is a tax savings but in leadership 

what the residents want it is important. 

Mayor Mischler stated the Pinellas Park Police Department responds to all calls. 




ADJOURNMENT 


Attest: 

_____________________________________ 



_____________________________________ 


Mayor 

/cgg 






MINUTES 

September 8, 2005 



PRESENT: 

ABSENT: 






None 






Administrator, Randy Linthicum – Streets and Drainage Director, Randy Roberts – Police Chief, 

Dorene Thomas – Fire Chief, Doug Lewis – Police Captain, Michael Haworth - Office of 

Management and Budget Administrator, Dan Katsiyiannis - Staff Assistant, Kelly Haworth – 

Administrative Clerk, Pam Martin – Deputy City Clerk, Christine Gardner and Administrative 

Assistant, Cindy LeVan. 





SEPTEMBER 8, 2005


SPECIAL PRESENTATION — Police Explorers 

Pinellas Park Police Explorers Post #912 presented plaques of appreciation to 

Police Chief Thomas and City of Pinellas Park. 

Plaques were presented were also to the following Advisors: Police Captain 

Haworth – Engineering Inspector, Bob Potter – Community Compliance 

Specialist, Vinny Cassarra - FDLE Agent, Ellen Willcox - the Pinellas Park 

Police Volunteers – Police Officer, Greg Horton - Police Officer, Jim Bupp – 

Police Officer, Melinda Lane – Police Sergeant, Brian Unmisig – Police 

Sergeant, William Lowe. 

Advisor of Year was awarded to Police Officer, Chris Piccione. 

SPECIAL PRESENTATION — Do the Right Thing 

From Chief Thomas and Officer Saxer to: 

Essence Brown 

Skyview Elementary 

Kaitlin Duncan 

Pinellas Park Middle School 

Ruth Gonzalez 

Pinellas Central Elementary 

Nikola Preradovic Cross Bayou Elementary 

Larry Walker 

Pinellas Central Elementary 

SPECIAL PRESENTATION — Model of World Trade Center 

From Randy Heine and Mike Allen to City of Pinellas Park 

AMERICAN CANCER SOCIETY 

From Lynn Webb in appreciation for support of City Council and staff with 

Relay for Life. 




II. 


Approval of Regular Council Minutes of August 25, 2005, as on file in the City Clerk’s 

Office. 


to APPROVE the Regular Council Minutes of August 25, 2005, as on file in the City 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


AT THIS TIME STAFF MEMBERS WILL BE SWORN IN FOR ITEMS THAT ARE 





III. 


OMB 

P1 RESOLUTION NO. 05-34. A RESOLUTION INCREASING THE REVENUE 8.68% 

FROM AD VALOREM TAXATION OF PROPERTY WITHIN THE CORPORATE 

LIMITS OF THE CITY OF PINELLAS PARK, FLORIDA, TO $13,732,246. 


This Resolution established the City millage rate for fiscal year 2005-2006 property taxes, 

which will be billed by the County Tax Collector in November. The proposed rate is 5.0788 

mills, which represents a 8.68% increase over the rolled-back rate, and is consistent with the 

proposed budget. 


Kenneth Cramer, 6688 82 nd Avenue, stated all the areas in his tax bill have gone up 4.3% and 

he is opposed to that increase. 

Mayor Mischler stated the Property Appraiser has raised every home significantly and 

explained steps City Staff has taken to keep the millage rate the same. 

Mayor Mischler explained the expense of upcoming purchases and projects. 

Randy Heine, 7451 Park Boulevard, asked Mayor Mischler to explain the roll back rate. 

Attorney Denhardt stated the rules of procedure require Council is addressed as a whole. 

Councilman Taylor stated Office of Management and Budget Administrator Katsiyiannis is 

the appropriate person to answer that question. 

Office of Management and Budget Administrator Katsiyiannis explained the roll back rates. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P2 

ORDINANCE NO. 3369. AN APPROPRIATIONS AND TAX LEVY ORDINANCE 

OF THE CITY OF PINELLAS PARK, FLORIDA, COVERING THE FISCAL YEAR 

BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006; 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, 2005 

through September 30, 2006. It reflects the changes as discussed at Council’s Budget 

Workshop. 



Peter White, 7197 120 th Avenue, stated he is worried about the price of gas and effects of 

Hurricane Katrina and requested Council cut back. 

Mike Allen, 6221 62 nd Avenue, stated he does not like justifying the millage rate based upon 

what other cities are doing especially considering current events. He asked whether there is a 

plan to reduce the amount of taxation, fees and programs to compensate the taxpayers for the 

amount of extras they are paying in utilities and gasoline. 

Councilman Butler explained the need for a replacement ladder truck and spending on 

drainage improvements. 

Randy Heine, 7451 Park Boulevard, stated he hopes Council has read and studied the budget 

because there is an election in March. 

Councilman Butler stated he has read the budget and he is very happy with it and it is a 

livable budget that he can support. 

Councilwoman Bradbury stated she read the budget from cover to cover and any questions of 

Council’s were answered at the Budget Workshop. 

Mike Scavelli, 6861 59 th Street, stated he believes City Council and City employees are 

saving the taxpayers as much as they can during the year. He requested that Council approach 

the legislature to find alternate fuels. 




Marshall Cook, 9300 54 th Street, stated he hopes Pinellas Park is going to keep the Fire 

Department because he doesn’t think a penny will be saved by getting rid of and he supports 

Fire Chief Lewis. 

Mr. Cook stated he appreciates that Council is watching the budget and he hopes it doesn’t 

come to employee raises being frozen. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






P3 



NORTH (JOHN D. NOWLING AX05-52) 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 







TERRACE NORTH AND 6028 106 TH AVENUE NORTH (KAMP CUSTOM HOMES 



This is a voluntary annexation of 0.28 acres MOL of residential property. The owner plans to 

construct a single-family home on each of these lots. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P5 ORDINANCE NO. 3370. AMENDING CHAPTER 18 (LAND DEVELOPMENT 

CODE), ARTICLE 15 “ZONING” OF THE CODE OF ORDINANCES OF THE CITY 

OF PINELLAS PARK, FLORIDA, BY AMENDING SECTIONS 18-1506.21 “B-1” 

GENERAL COMMERCIAL DISTRICT, SUBSECTION 18-1506.21(C)1., 18-1506.22 

“CH” HEAVY COMMERCIAL DISTRICT, SUBSECTIONS 18-1506.22(C)1. AND 

18-1506.22(C)2., SECTION 18-1506.10 “R-6” MULTIFAMILY 

RESIDENTIAL/COMMERCIAL DISTRICT, SUBSECTION 18-1506.10(C)2., 18- 

1506.14 “ROR” RESIDENTIAL/OFFICE/RETAIL DISTRICT, SUBSECTION 18- 

1506.14(C)2., SECTION 18-1506.20 “GO” GENERAL OFFICE DISTRICT, 

SUBSECTION 18-1506.20(C)2., SECTION 18-1506.23 “M-1” LIGHT INDUSTRIAL 

DISTRICT, SUBSECTION 18-1506.23(C)2., “HOTELS AND MOTELS”, BY 

ADDING A NOTE FOR CLARIFICATION OF DEFINITION AND TO THE 

REQUIREMENT OF A PRELIMINARY SITE PLAN APPROVAL; BY AMENDING 

SECTIONS 18-1506.21 “B-1” GENERAL COMMERCIAL DISTRICT AND 

SECTION 18-1506.22 “CH” HEAVY COMMERCIAL DISTRICT, BY CREATING 

NEW SUBSECTIONS 18-1506.21(H) AND 18-1506.22(H) “PRELIMINARY SITE 

PLAN APPROVAL REQUIREMENTS”; BY AMENDING SECTION 18-1502 

“DEFINITIONS”, SUBSECTION 18-1502.2 “HOTELS AND MOTELS” REQUIRING 

A DESIGNATED CUSTOMER SERVICE AREA AND A MANAGER TO BE ON 

SITE 24 HOURS A DAY, SEVEN DAYS A WEEK. (LDC 2005-02) 


Staff is proposing an amendment to the City’s Land Development Code regulations 

governing hotels and motels. In any case where a hotel and/or motel abuts or functionally 

abuts a residential or mixed-use zoning district, City Council shall review and approve a 

Preliminary Site Plan and will be subject to regulations as defined in the amended definition 

of “Hotels and Motels”. The amended definition of “Hotels and Motels” will require a 

designated customer service area and a manager to be on site 24 hours a day, seven days a 

week. 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P6 




OF LAND LOCATED AT 6315 62 nd AVENUE AND MORE PARTICULARLY 

DESCRIBED IN EXHIBIT "A," WHICH IS ATTACHED HERETO AND MADE A 

PART THEREOF; FROM “F” FARM DISTRICT TO “R-2” SINGLE-FAMILY 

RESIDENTIAL DISTRICT AND ADOPTING A MASTER PLAN AND 


UNIT DEVELOPMENT FOR A SINGLE-FAMILY DETACHED SUBDIVISION; 





EFFECTIVE DATE. (PUD 2005-9/Z 2005-8/BOA 2005-50) 



The applicant is requesting the rezoning from “F” Farm to “R-2” Single-Family Residential 

with a “RPUD” Residential Planned Unit Development overlay for the development of a 

single-family detached subdivision of sixteen single-family homes on 4.51 acres with 

variances to the following: width of a public right-of-way from sixty feet to fifty feet, single 

point of ingress/egress, requirement that all new subdivisions shall improve all abutting 

right-of-way’s to City standards (including paving, curbing and sidewalks), double fronted 

lots, T-turnaround in lieu of a cul-de-sac, maximum block length from six hundred feet to six 

hundred and eleven feet, and requirement to install sidewalks on all abutting right-of-way’s, 

in this case 63 rd Street, subject to the following conditions: 


feet, not including curb and gutter. 

2. A six-foot-high, solid fence shall be provided along the western property line 

as depicted on plans prior to issuance of construction permits for the 

dwellings. 

3. The Final Plat for this subdivision shall include a perpetual noningress/egress 

easement along 63 rd Street. 

4. If decorative paving will be utilized in the right-of-way, all repairs to said 

paving will be the responsibility of the Home Owners Association. 


Unit Development Master Plan (Exhibit “B”) for each lot. (Setbacks shall be 

as follows: Front – 20 feet, Side – 10 feet, Rear – 10 feet, and Secondary 

Front - 10 feet, except lot 16, which will have a Secondary Front of 15 feet.) 



addressed shall revert to Code in effect at the time of “PUD” Planned Unit 








Rodney Cyr, 6331 63 rd Street, stated he resides on the west of this property and he is 

concerned the retention pond proposed on the west side of the development will cause 

flooding in his yard. 

Mr. Cyr stated he believes the pond will be more of a drainage ditch and he is concerned 

about the vegetation that will grow in the ditch and that it won’t be maintained. 

Markus Vernon, 1721 Rainbow Drive, stated he represents VanBuren Land Holdings and 

Mr. Mathias, and provided information on the plans for developing this property and the 

drainage pond. 

Mr. Vernon stated he will gladly work with Mr. Cyr on landscaping the right-of-way edge to 

break up the visual line. 

Mayor Mischler requested Mr. Vernon supply Mr. Cyr with contact information and they sit 

down and discuss the plans once they are submitted. 

Mike Allen, 6221 62 nd Avenue, stated he has never seen any water standing on the 

surrounding properties and provided information on ponds and canals in the area. He stated 

he welcomes the addition of these homes. 

Cecil Bradbury, 9400 50 th Way, stated over a period of time homeowners tend to fill in the 

drainage area behind their homes and asked how the developer might address that issue. 

Mayor Mischler stated that he understands it is in the Engineering drawings and it shows on 

the plat. 

City Manager Gustafson stated if it is filled in then it would be in violation of the codes but it 

could be in the deed restrictions also. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P7 

RESOLUTION NO. 05-35. A RESOLUTION VACATING THE EAST 30 FEET OF 

THE 60 FEET WIDE UNIMPROVED RIGHT-OF-WAY OF 41 ST STREET NORTH 

GENERALLY LOCATED NORTH OF 80 TH AVENUE NORTH AND SOUTH OF 

81 ST AVENUE NORTH, SECTION 27, TOWNSHIP 30 SOUTH, RANGE 16 EAST; 

PROVIDING FOR AN EFFECTIVE DATE. (V 2005-10) 


The applicant is requesting to vacate the east 30 feet of the 60-feet-wide unimproved rightof-way 

of 41 st Street North generally located north of 80 th Avenue North and south of 81 st 

Avenue North. The applicant is planning to expand the facility’s parking lot and requires 

this additional land so as to not exceed lot coverage. The Planning and Zoning Commission 

recommended approval to vacate the east 30 feet of the 60 feet right-of-way. The following 


1. The vacation is inconsistent with the policies of the Comprehensive Plan (see staff 

report Section III.A.). 

2. The various utility agencies and City Divisions have no objection to the vacation 

provided that a 30-feet-wide drainage and utility easement is retained over the 

entire vacated right-of-way. 







Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P8 ORDINANCE NO. 3374. AMENDING CHAPTER 18 (LAND DEVELOPMENT 

CODE), ARTICLE 15 “ZONING”, OF THE CODE OF ORDINANCES OF THE 

CITY OF PINELLAS PARK, FLORIDA, BY AMENDING SECTION 18-1506.3 “RE” 

SINGLE-FAMILY RESIDENTIAL ESTATE DISTRICT, SUBSECTION 18- 

1506.3(C)1. “PERMITTED USES”, BY ADDING AN EQUESTRIAN USE SUBJECT 

TO REGULATIONS GOVERNING THE NUMBER OF HORSES THAT CAN BE 

KEPT ON A LOT AND DELETING THE TYPE AND NUMBER OF DOMESTIC 

ANIMALS PERMITTED; BY AMENDING SECTION 18-1506.3 “RE” SINGLE- 

FAMILY RESIDENTIAL ESTATE DISTRICT, SUBSECTION 18-1506.3(C)2. 

“CONDITIONAL USES”, BY DELETING BOARDING STABLES; BY AMENDING 

SECTION 18-1506.4 “RR” RURAL RESIDENTIAL DISTRICT, SUBSECTION 18- 



KEPT ON A LOT AND DELETING THE NUMBER OF HORSES PERMITTED; BY 

AMENDING SECTION 18-1507 “ACCESSORY USE AND SUPPLEMENTARY 

DISTRICT REGULATIONS”, BY CREATING A NEW SUBSECTION 18-1507.26 

“EQUESTRIAN USE”. (LDC 2004-3). 

FIRST READING AND FIRST PUBLIC HEARING 

(Second Public Hearing September 22, 2005) 

This amendment to the Land Development Code has been proposed to: 

1. Remove “Stables, Boarding” as a Conditional Use from the “RE” SINGLE- 

FAMILY Residential Estate Zoning District. 

2. Modify Permitted uses in the “RE” Single-Family Residential Estate, and 

“RR” Rural Residential Zoning Districts to include an “Equestrian Use”. 

3. Provide regulations for such “Equestrian Use” 

On April 7, 2005, the Planning and Zoning Commission recommended APPROVAL of the 

proposed amendments. 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Councilman Taylor stated this is for “RR” and “RE” zoning classifications regarding horses, 

it does not encompass the Farm Zoning throughout the City. 

P9 

CONSIDERATION OF A CONDITIONAL USE TO DEVELOP A “CHILD CARE 

CENTER, TYPE II”, IN THE “P” PUBLIC ZONING DISTRICT WITH A WAIVER 

TO THE CONDITIONAL USE REQUIREMENT FOR HOURS OF OPERATION 

FOR A PROPERTY LOCATED AT 8900 US HIGHWAY 19. (CU 2005-30 – Calvary 

Chapel of St. Petersburg/Robert Corry) 


The applicant requests a Conditional Use permit to establish a “Child Care Facility, Type II”, 

a Conditional Use in the “P” Public Zoning District on a parcel of land located at 8900 US 

Highway 19. The current use of the property is a church, Calvary Chapel of St. Petersburg. 

The applicant will be utilizing an existing portion of the building for this child care facility. 

The applicant is also requesting a waiver to the following Conditional Use requirement: 

Hours of operation, to allow a 6:00 am start time instead of 7:00 am. Surrounding land uses 

are: to the north, Crystal Lake Mobile Home Park; to the south, vacant land and a nursing 

home; to the east, commercial; and to the west, Crystal Lake Mobile Home Park and an 

apartment complex. The proposal appears to be consistent with the Comprehensive Plan and 

should not have any adverse effects on adopted levels of service for City infrastructure. At its 

meeting on August 4, 2005, the Planning and Zoning Commission recommended approval of 

the above request. 







Robert Corry, 3785 105 th Avenue, stated this facility is serving as a Red Cross Processing 

Center for the families displaced by Hurricane Katrina. 

Mr. Corry stated they want to serve the needs of the community by brining single parents an 

affordable day care center subsidized by the members of the church. 

Peter White, 7197 120 th Avenue, stated day cares are so needed because affordable day care 

is tough to find and he thinks it speaks well of Calvary Chapel they want to help residents. 

Marshall Cook, 9300 54 th Street, stated he is in favor of this item because it is a good thing. 


to APPROVE a request to approve a Conditional Use to establish a “Child Care Facility 

Type II”, in the “P” Public Zoning District with a waiver to the hours of operation based on 

the staff report and the criteria found in Section 18-1509.4(B) & (C) with the following 

conditions: 

1. Number of children shall be limited to 150. 

2. Hours of operation shall be from 6:00 am to 7:00 pm. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Councilman Taylor stated the Calvary Chapel has made a positive impact on the community. 

Councilwoman Bradbury expressed thanks for helping single parents who have to work and 

it is a good thing for the community. 






IV. 


CITY CLERK 

C1 


AMENDING ARTICLE V “CANVASSING; PROTESTING AND CONTESTS”, 

SECTION 8-501 “CANVASSING BOARD”, SUBSECTION (B). 


This Ordinance will amend the time to convene the Canvassing Board for City Elections 

from three (3) days to seven (7) days. 

C2 ORDINANCE NO. 3376. AMENDING THE DATES OF THE CANDIDATE 

QUALIFYING PERIOD FOR THE MARCH 7, 2006, CITY OF PINELLAS PARK 

GENERAL ELECTION; AND BY AMENDING THE DATE ON WHICH COUNCIL 

MEMBERS TAKE OFFICE. 


This Ordinance will amend the dates of candidate qualifying and the date council will take 

office. 





C3 

ORDINANCE NO. 3373. AN ORDINANCE ADOPTING AN AMENDED MASTER 

PLAN FOR THE SHOPPES AT PARK PLACE “CPUD” COMMERCIAL 

PLANNED UNIT DEVELOPMENT, FOR PROPERTY GENERALLY LOCATED 

AT THE SOUTHWEST CORNER OF U.S. HWY 19 NORTH AND PARK 

BOULEVARD. (PUD 2004-3(R3) SHOPPES AT PARK PLACE, Owner, BOULDER 

VENTURE, LLC; Agent, AVID ENGINEERING, INC.) 



The applicant has acquired the 0.434 acre former Amoco Service Station site on Park 

Boulevard and requests this amendment to make this parcel part of the Master Plan for the 

Shoppes at Park Place and to designate it for either retail or a drive-thru restaurant use. 

Additionally, the developer wishes to establish an option for a tire store on Parcel 4. Along 

with the above substantive changes, several minor adjustments to structures and lots are 

requested and reflected on the submitted site plan. At its meeting of August 4, 2005, the 

Planning and Zoning Commission recommend approval of the amendment with the 


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

2. Parcel No. 4 may be developed as retail sales or a tire retail store with 

minor automotive repair. 

Councilwoman Bradbury requested City Manager Gustafson be provided information on 

contracts that are signed for new businesses to be located in the Shoppes at Park Place. 

C4 AUTHORIZATION FOR THE MAYOR TO SIGN AN INTERLOCAL 

AGREEMENT WITH THE TAMPA BAY REGIONAL PLANNING COUNCIL 

The Interlocal Agreement with the Tampa Bay Regional Planning Council (TBRPC) is for 

the development of the Evaluation and Appraisal Report (EAR). The EAR is a 

comprehensive review of the existing plan document that identifies unanticipated changes 

relative to what is in the plan and a comparison with new State requirements. This is the 

initial step in State mandated update of the City’s Comprehensive Plan. The EAR is to be 

submitted to the Department of Community Affairs by December 1, 2006. 

Authorization for the Mayor to sign an Interlocal Agreement with the Tampa Bay Regional 

Planning Council. 




C5 

AUTHORIZATION FOR THE MAYOR TO SIGN AN ADDENDUM TO AN 

ANNEXATION AGREEMENT DATED SEPTEMBER 11, 2003 BETWEEN THE 

CITY OF PINELLAS PARK, DENNIS R. MARKWART AND SHARON L. 

MARKWART — For property generally located on 68 th Street between 114 th Avenue 

North and 118 th Avenue North — AX03-25 

At the time the Property was annexed, Mr. and Mrs. Markwart requested, and received, a 

waiver of City land development fees in the amount of $1,000.00 for a period of 24 months 

from the date of their annexation into the City. Due to some unforeseen circumstances, Mr. 

and Mrs. Markwart were unable to develop their property within that 24 month time frame. 

This addendum serves as a request for an extension of that original time frame from 24 

months to 60 months. Typically, new annexees are given waivers to City land development 

fees for a 60 month period. 

Authorization for the Mayor to sign an addendum to the annexation agreement dated 

September 11, 2003 between The City of Pinellas Park, Dennis R. Markwart and Sharon L. 

Markwart for their property generally located on 68 th Street between 114 th Avenue North and 

118 th Avenue North. 

C6 



NORTH (PARKER, BETTY J. AND TIKKANEN, VICTOR AX05-59) 




C7 



NORTH (CORNELIA I. GOMERI AX05-61) 








CERTAIN PARCELS OF LAND GENERALLY LOCATED AT 5410 115TH AVENUE 

NORTH (JAY DAVIS LEA AND FRANCES K. LEA - AX05-62) 


This is an annexation of 1.33 acres MOL of contiguous commercial property. Lea Optical is 

located on this site. 

C9 



NORTH (STEPHEN M. BARNES AX05-63) 




FINANCE 

C10 

AUTHORIZATION FOR MAYOR TO SIGN A ONE-YEAR RENEWAL OPTION OF 

THE CONTRACT WITH RBC DAIN RAUSCHER INC. AS FINANCIAL ADVISOR 

The City may need the financial advisory services and will exercise the option to extend the 

contract for an additional one year until March 2006 at the same rate. Account number 401- 

172-551762 would be charged if any charges are incurred. 

Authorization for the mayor to sign a one-year renewal option of the contract with RBC 

Dain Rauscher Inc. through March, 2006 at the same rate. Account number 401-172- 

551762 will be charged if any charges are incurred. 

Randy Heine, 7451 Park Boulevard, asked how much this is going to cost? 

City Manager Gustafson stated it costs nothing unless the City uses their services. 

Finance Administrator Miller stated there is no charge for this agreement unless it is used 

and it will only be used if there is a bond issue and there are no bond issues planned. 

Mr. Heine asked if it is used, how much will it cost? 

Administrator Miller stated the rate is based upon the amount of money or the issue and 

explained those rates. 




FIRE 

C11 RESOLUTION NO. 05-37. ADOPTING THE NATIONAL INCIDENT 

MANAGEMENT SYSTEM (NIMS) AS ESTABLISHED BY THE UNITED STATES 

DEPARTMENT OF HOMELAND - Fire Department 


The City proposes to adopt the National Incident Management System (NIMS) as established 

by the United States Department of Homeland Security as the concept for developing and 

implementing emergency planning and unified command and for conducting training of City 

employees in support of using NIMS. 


C12 

ORDINANCE NO. 3377. AMENDING ARTICLE II, GENERAL EMPLOYEES’ 




Article 21(B) of the current contract with the Florida Public Employees Council 79, 

American Federation of State, County and Municipal Employees, Local 762, gives the union 

the authority to select a representative from its membership to serve on the pension board. 

However, the language contained in Section 17-224 of the City Code of Ordinances, titled 

“Administration of the Plan” requires the trustee to be an elected member that is covered by 

the collective bargaining agreement. The proposed ordinance resolves this conflict. 

Additionally as a result of this amendment, those employees covered by the collective 

bargaining agreement who do not pay union dues will be eligible to serve on the board as an 

elected member trustee of the general employees. 

C13 

RESOLUTION NO. 05-36 ADOPTING A REVISED CLASSIFICATION AND PAY 

PLAN AND REVISIONS TO THE SICK LEAVE POLICY FOR POSITIONS NOT 

INCLUDED IN BARGAINING UNITS WITHIN THE CITY OF PINELLAS PARK; 



This resolution adopts a revised Classification and Pay Plan and revisions to the sick leave 

policy. 




MIS 

C14 

AUTHORIZATION FOR THE PURCHASE OF DS6800 Enterprise Storage Array 

CompServ Inc. 

Authorization to purchase DS6800 Enterprise Storage Array and support services from 

CompServ Inc. (2325 Ulmerton Rd, Suite 16, Clearwater, Fl 33762) under state contract 

250-000-03-1 at a cost of $222,420.84, and Windows Server Standard 2003 Volume License 

from SHI (2 Riverview Drive, Somerset, NJ 08873) under state contract 255-001-01-01 at a 

cost of $453.40. Total cost of $222,874.24 to be charged to account 501-851-5-621-08. 

Authorization to purchase DS6800 Enterprise Storage Array and support services from 

CompServ Inc. (Clearwater, FL), and Windows Server Standard 2003 Volume License from 

SHI, (Somerset, NJ) at a total cost of $222,874.24 to be charged to the appropriate account. 


POLICE 

C15 



BY DELETING SECTION 16-102, “FIREARMS; UNLAWFUL TO DISCHARGE” 

IN ITS ENTIRETY; AND CREATING A NEW SECTION 16-102 “RESERVED”; 





Chapter 16 “Offenses” is being amended by deleting Section 16-102 “Firearms; Unlawful to 

Discharge” in its entirety; and creating a new Section 16-102 “Reserved”; due to an opinion 

of the Attorney General and also our City Attorney, that our Ordinance would not be valid in 

light of the current State Statute. 





C16 

AWARD OF BID 05/014 - PURCHASE AND INSTALLATION OF FISHING PIER 

AND SAILBOAT LAUNCH AT FREEDOM LAKE PARK - REDD Team Mfg. 

Bids were legally advertised and bid packages were mailed to 6 prospective bidders. One bid 

was received, with REDD Team Mfg., 6599 State Road 21, Keystone Heights, Florida 

32656, being the qualified bidder and met all specifications, with a bid submittal of $35,048 

to be charged to account 301-781-5-790-03. The budgeted amount for this expenditure is 

$66,550. 

Authorization to award Bid 05/014 for purchase and installation of Fishing Pier and Sailboat 

Launch at Freedom Lake Park to REDD Team, Mfg. Keystone Heights, Florida, in the 

amount of $35,048 to be charged to the appropriate account. 

Cecil Bradbury, 9400 50 th Way, requested graphics and asked which lake the pier will be 

located in. 

Community Activities Administrator Ponce, stated it will be located in the larger lake. 

Discussion was held on sailboats used in the lakes. 

PUBLIC WORKS 

C17 

AUTHORIZATIONFORMAYOR TO SIGN AN AGREEMENT WITH 

ADVANCED ENGINEERING & DESIGN, INC. (AED) Engineering/Consultant 

Services for the Homeland Subdivision Drainage Study generally described as the area 

bounded by 70 th Avenue to the south, Gandy Boulevard to the north, US 19 to the west, 

and Channel 3 to the east. 

At the City Council meeting on July 28, 2005, the City Manager was directed by City 

Council to enter into negotiations with the firm of Advanced Engineering & Design, Inc. 

(AED), as the most qualified of four firms to provide the Engineering/Consultant Services 

for the Homeland Subdivision Drainage Study. Those negotiations have been held and the 

amount of $47,640 has been determined a fair cost for the services and will be charged to 

account #301-382-5796-31. The budgeted amount for the Engineering/Consultant Services 

for the Homeland Subdivision Drainage Study is $55,000 (as found on page 445 of 04/05 

budget). 

Authorization to enter into a contract with Advanced Engineering & Design, Inc. (AED), to 

provide the Engineering/Consultant Services for the Homeland Subdivision Drainage Study 

in the amount of $47,640 to be charged to the appropriate accounts. 






appropriate, Items C1 thru C17 inclusive, with Items C1 thru C3, C6 thru C9, C12 and C15 

inclusive being First Reading Prior to Public Hearing and Items C11 and C13 being First and 

Final Reading, and SECONDED by Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 







R1 

SELECTION OF A CITY COUNCIL MEMBER TO SERVE ON THE BOARD FOR 

PLANNING CONSULTANT SERVICES FOR LAND DEVELOPMENT CODE 

RFP #05-031 

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 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 

the Land Development Code. 


APPROVE the selection of Councilwoman Bradbury to serve on the selection board for 

review and evaluation of proposals for Planning Consultant Services. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R2 


AGREEMENT WITH JAY DAVIS LEA AND FRANCES K. LEA (AX05-62) — 


This is a voluntary annexation of 1.33 acres MOL of contiguous commercial property. Lea 

Optical is located on this site. 

Jay Davis Lea and Frances K. Lea City Projected City Funds City Fees 




The voluntary Annexation Agreement special provision is: 

Waive occupational license fee for 60 months ($1,000.00) 


to APPROVE the authorization for Mayor to sign a voluntary Annexation Agreement with 

Jay Davis Lea and Frances K. Lea for annexation of 1.33 acres MOL of contiguous 

commercial property located at 5410 115 th Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R3 


BETTY J. PARKER AND VICTOR TIKKANEN (AX05-59) — Annexation of 0.14 

acres MOL located at 6048 109 th Terrace North 


mobile home, with improvements, is located on this site. The property does not have a 

homestead exemption. 


Victor Tikkanen 







Waived 


to APPROVE the voluntary annexation of 0.14 acres MOL of property owned by Betty J. 

Parker and Victor Tikkanen and located at 6048 109 th Terrace North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R4 


STEPHEN M. BARNES (AX05-63) — Annexation of 0.14 acres MOL located at 6131 




Stephen M. Barnes 






to APPROVE the voluntary annexation of 0.14 acres MOL of property owned by Stephen 

M. Barnes and located at 6131 105 th Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R5 


CORNELIA I. GOMERI (AX05-61) — Annexation of 0.20 acres MOL located at 7100 

70 th Street North 



Cornelia I. Gomeri 







to APPROVE the voluntary annexation of 0.20 acres MOL of property owned by Cornelia I. 

Gomeri and located at 7100 70 th Street North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





CITY COUNCIL 

R6 

DESIGNATION OF VOTING DELEGATE AND ALTERNATE VOTING 

DELEGATE — National League of Cities Annual Congress of Cities, December 6 - 

December 10, 2005, Charlotte, North Carolina 

Under the Bylaws of the National League of Cities, direct member cities are eligible to 

designate voting delegates to the NLC Annual Business Meeting. The voting delegates are 

required to be present at the Annual Business Meeting (Saturday, December 10). 

MOTION was made by Vice-Mayor Bailey-Snook, and SECONDED by Councilman 

Taylor to APPROVE designation of Mayor Mischler to serve as the Voting Delegate and 

Councilwoman Bradbury and Councilman Butler to serve as Alternate Voting Delegates for 

the City of Pinellas Park at the National League of Cities Annual Congress of Cities, 

December 6 - December 10, 2005 in Charlotte, North Carolina. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





MISCELLANEOUS 

M1 

WELCOME 

Councilman Taylor recognized Mr. Tim Engle, FOP Representative for Police 

Sergeants/Officers and thanked him for doing a great job. 

M2 

RECOGNITION 

Councilman Taylor stated it is great to have Administrative Assistant LeVan at the Council 

Meeting. 

M3 

HURRICANE KATRINA 

Mayor Mischler proposed any surplus public safety equipment that would be auctioned off is 

pulled until it is determined whether another community can utilize those items. 

Direction of Council was to hold surplus safety equipment until it is determined if another 

community can use those items. 

Vice-Mayor Bailey-Snook stated residents need to have a game plan to know what they will 

do in an emergency to get out of the area. She stated people have a responsibility to be sure 

their own needs are met and requested people make plans for themselves, their families and 

their neighbors. 

Councilwoman Bradbury asked for an update on the City employees that went to aid areas 

affected by Hurricane Katrina. 

Fire Chief Lewis stated a rescue crew with Firefighter/Paramedic William Dallam and 

Firefighter/Paramedic Roy Spruill left on the Monday, August 29, 2005 to assist in Ocean 

Springs Mississippi and they returned Wednesday September 7, 2005. A second rescue crew 

with Firefighter/Paramedic Mike Ciarmello and Firefighter/Paramedic Greg Brown left on 

Thursday, September 1, 2005 and they are on their way home from Gulfport, Mississippi. 

Mayor Mischler stated Pinellas Park relies on Pinellas County to do a lot and the City needs 

to establish a reserve plan of it’s own. 




M4 

NATIONAL GUARD 

Peter White, 7197 120 th Avenue, stated the Chamber of Commerce is trying to raise $10,000 

for the dependants of the Florida National Guard Troops to have a Holiday Party at the 

Armory Reserve Center. 

M5 

NEW BUSINESS 

Marshall Cook, 9300 54 th Street, stated new businesses come to the City because City Staff 

works with them. 

M6 

MEETING ATTENDANCE 

Marshall Cook, 9300 54 th Street, stated he has watched a lot of employees come through the 

City and run for office and he would like to see the animosity stopped. He stated everybody 

comes and asks questions and he is one of the one’s that has been around the longest. 

M7 

SAVING ENERGY 

Randy Heine, 7450 Park Boulevard, stated energy needs to be saved and requested Council 

determine a comfortable temperature above 72 degrees to save oil and for City employees not 

to leave vehicles running while waiting in parking lots. 

Mayor Mischler stated that City Manager Gustafson runs the daily affairs and he will look 

into it. 

ADJOURNMENT 


Attest: 

_____________________________________ 

Christine Gardner 

Deputy City Clerk 

_____________________________________ 


Mayor 

/cgg 






MINUTES 

September 22, 2005 



PRESENT: 

ABSENT: 











Administrator, Randy Linthicum - Public Works Administrator, Tom Nicholls – Police Chief, 

Dorene Thomas – Fire Chief, Doug Lewis – Grants Writer, Dennis Shaw – Economic Development 

Specialist, Chuck Webber – Assistant Community Development Director, Patrick Murphy – 

Business and Neighborhood Director, Susan Walker – Zoning Director, Dean Neal – Associate 

Planner, Ron Hull – Parks and Recreation Director, Joel Garren – Fire Administrative Services 

Director, Mary Ann Salch – Associate Planner, Debra Rose - Office of Management and Budget 

Administrator, Dan Katsiyiannis - Staff Assistant, Kelly Haworth – Administrative Clerk, Pam 

Martin – City Clerk, Diane M. Corna, and Deputy City Clerk, Christine Gardner. 




CHAMBER OF COMMERCE 

Incoming President Elect, Ethel Mudd presented the Chamber’s New 

Marketing Piece. 




PROCLAMATIONS 

Commuter Choices Week – September 23 thru 30, 2005 

Domestic Violence Awareness Month – October 2005 

SERVICE AWARD - 10 YEARS 

Building Maintenance Specialist - Russ Matthews 


Senior Building Development Technician – Brenda “Penny” Fox 

II. 


Approval of Regular Council Minutes of September 8, 2005 as on file in the City Clerk’s 

Office. 

MOTION was made by Vice-Mayor Bailey-Snook and SECONDED by Councilman 

Taylor APPROVE the Regular Council Minutes of September 8, 2005, as on file in the City 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


AT THIS TIME STAFF MEMBERS WERE SWORN IN FOR QUASI-JUDICIAL ITEMS 




III. 



P1 

ORDINANCE NO. 3373. AN ORDINANCE ADOPTING AN AMENDED MASTER 

PLAN FOR THE SHOPPES AT PARK PLACE “CPUD” COMMERCIAL PLANNED 

UNIT DEVELOPMENT, FOR PROPERTY GENERALLY LOCATED AT THE 

SOUTHWEST CORNER OF U.S. HWY 19 NORTH AND PARK BOULEVARD. 

(PUD 2004-3(R3) SHOPPES AT PARK PLACE, Owner, BOULDER VENTURE, LLC; 

Agent, AVID ENGINEERING, INC.) 



The applicant has acquired the 0.434 acre former Amoco Service Station site on Park 

Boulevard and requests this amendment to make this parcel part of the Master Plan for the 

Shoppes at Park Place and to designate it for either retail or a drive-thru restaurant use. 

Additionally, the developer wishes to establish an option for a tire store on Parcel 4. Along 

with the above substantive changes, several minor adjustments to structures and lots are 

requested and reflected on the submitted site plan. At its meeting of August 4, 2005, the 

Planning and Zoning Commission recommend approval of the amendment with the 


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

2. Parcel No. 4 may be developed as retail sales or a tire retail store with 

minor automotive repair. 



Bob Pierro, Avid Engineering, stated Boulder Ventures is proud to be a part of the City and 

thanked staff for their cooperation and good communication. 

Mr. Pierro announced the following stores will be located in the Shoppes at Park Place: 

Target, American Signature, Michaels, Marshalls, DSW, Office Depot, Dots, Fashion Bug, 

Payless Footwear, Dress Barn, Kirklands, Coldstone Creamery, Supercuts, Chipolte Grill, 

Planet Smoothie, Sally Beauty, GNC, Radio Shack, Nextel, Mattress Firm, Starbucks, 

Washington Mutual, Game Stop, Movie Stop, Quiznos, Hairmasters, BJ’s Brewhouse, 

Chilis, Wachovia, Chick-fil-A and Panda Express and there will be several more that can’t be 

discussed at this time. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


Councilman Taylor stated this action concerns the existing Amoco station property. 




P2 


CODE), ARTICLE 15 “ZONING”, OF THE CODE OF ORDINANCES OF THE 

CITY OF PINELLAS PARK, FLORIDA, BY AMENDING SECTION 18-1506.3 “RE” 

SINGLE-FAMILY RESIDENTIAL ESTATE DISTRICT, SUBSECTION 18- 



KEPT ON A LOT AND DELETING THE TYPE AND NUMBER OF DOMESTIC 

ANIMALS PERMITTED; BY AMENDING SECTION 18-1506.3 “RE” SINGLE- 

FAMILY RESIDENTIAL ESTATE DISTRICT, SUBSECTION 18-1506.3(C)2. 

“CONDITIONAL USES”, BY DELETING BOARDING STABLES; BY AMENDING 

SECTION 18-1506.4 “RR” RURAL RESIDENTIAL DISTRICT, SUBSECTION 18- 



KEPT ON A LOT AND DELETING THE NUMBER OF HORSES PERMITTED; BY 

AMENDING SECTION 18-1507 “ACCESSORY USE AND SUPPLEMENTARY 

DISTRICT REGULATIONS”, BY CREATING A NEW SUBSECTION 18-1507.26 

“EQUESTRIAN USE”. (LDC 2004-3). 


This amendment to the Land Development Code has been proposed to: 

1. Remove “Stables, Boarding” as a Conditional Use from the “RE” SINGLE- 

FAMILY Residential Estate Zoning District. 

2. Modify Permitted uses in the “RE” Single-Family Residential Estate, and 

“RR” Rural Residential Zoning Districts to include an “Equestrian Use”. 

3. Provide regulations for such “Equestrian Use” 

On April 7, 2005, the Planning and Zoning Commission recommended APPROVAL of the 

proposed amendments. 





Vice-Mayor Bailey-Snook stated she is concerned there is no limit on the number of horses 

allowed in the “F” Farm District. 

City Manager Gustafson stated the Farm District was originally included in the ordinance 

but it was the direction of Council not to bring the Farm District forward at this time. 

Councilwoman Bradbury thanked the Equestrian Board, City staff and the Planning and 

Zoning Commission for their hard work on this item. 







Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P3 


AN “AUTOMOBILE DEALER-USED CARS” IN THE “CH” HEAVY 

COMMERCIAL ZONING DISTRICT, WITH A WAIVER TO THE CONDITIONAL 

USE REQUIREMENT THAT A 10-FEET-WIDE LANDSCAPE BUFFER BE 

PROVIDED ALONG THE RIGHT-OF-WAY WHICH PROVIDES THE PRIMARY 

ACCESS TO THE SITE, ON A PARCEL OF LAND GENERALLY LOCATED AT 

12061 66 TH STREET. (CU 2005-32 Chambers Auto Sales) 


The applicant requests Conditional Use approval for the establishment of an “Automobile 

Dealer-Used Cars” in the “CH” Heavy Commercial Zoning District on a 2.7 acre parcel of 

land generally located at 12061 66 th Street. The site is currently developed as a retail center 

with a restaurant/lounge and office building. The applicant requests a waiver to the 

Conditional Use requirement for a 10-feet-wide landscape buffer along the right-of-way 

which provides the primary access to the site which would require removal of existing 

asphalt and a redesign of the parking lot. The applicant is proposing to renovate the existing 

buildings and is requesting to display a few cars outside the office building, which will be 

utilized as the main office for the proposed automotive sales and repair facility to the north. 

All sales transactions will take place on the north parcel, which is a companion Conditional 

Use (CU 2005-33). Surrounding land uses are: to the north, vacant commercial land; to the 

south, Rainbow Village Mobile Home Park; to the east, vacant commercial land and 

McElaney Tractor Trailers; to the west, Pinebrook Townhomes. 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 September 1, 2005, the Planning and 

Zoning Commission recommended approval of the above request with conditions. 



Kevin McGraff, 11522 Seminole Boulevard, stated he is the owner of Eastern Fleet Auto 

Sales and he is trying to purchase this property and provided information about his business. 

Mr. McGraff explained his intentions for developing this property and he requested being 

allowed to finalize transactions on the south property. 

Mr. McGraff stated he will make this property more appealing and be a good neighbor for 


Discussion was held on the conditions of the Conditional Use. 

Zoning Director Neal stated he does not see a problem with finalizing sales on the south 

property. 




Councilwoman Bradbury stated since the landscaping buffer is being waived to the existing 

piece of property she would like a landscape design to be submitted for the interior of the 

property before it is finalized. 

Mr. McGraff stated his time is limited to finalize the purchase of this property and there will 

be landscaping to make the property look better. 

Mayor Mischler clarified that Councilwoman Bradbury would like to see a landscaping plan 

before the Certificate of Occupancy (CO) is issued for this property. 

Councilwoman Bradbury stated she can’t read the submitted plan so she is asking for 

something more definitive. 

Councilman Taylor stated Mr. McGraff meets the plans to receive a CO so he has no 

discomfort with this. 

Discussion was held on requiring a landscaping plan. 

Tim Healey, C. Fred Deuel and Associates, 1620 1 st Avenue North, stated several landscape 

islands will be added to the south piece and the north piece will have a ton of green area that 

will be landscaped according to City landscape requirements. 

City Manager Gustafson stated the concern is the waiver of the ten foot buffer landscaping 

and if that landscaping is going to be put on the site somewhere else that could satisfy the 

concern. 





MOTION was made by Councilwoman Bradbury , and SECONDED by Councilman Taylor 

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

in the “CH” Heavy Commercial Zoning District with a waiver to the Conditional Use 

requiring a 10-feet-wide landscape buffer to be moved to the interior of the lot providing 

along the right-of-way which provides primary access to the site, based on the staff report 

and the criteria found in Section 18-1509.4(B) & (C) with 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. Designated signage for customer and employee parking spaces shall be displayed. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P4 

CONSIDERATION OF A CONDITIO NAL USE FOR THE ESTABLISHMENT OF 

AN “AUTOMOBILE DEALER-USED CARS” AND “AUTOMOTIVE REPAIR 

FACILITY (MAJOR)” IN THE “CH” HEAVY COMMERCIAL ZONING 

DISTRICT, WITH VARIANCES TO THE MINIMUM DISTANCE BETWEEN AN 

INTERSECTION AND DRIVEWAY AND TO THE MAXIMUM WIDTH OF A 

TWO-WAY DRIVE AISLE, FOR A PROPERTY GENERALLY LOCATED NORTH 

OF 121 ST AVENUE NORTH AND EAST OF 66 TH STREET NORTH. (CU 2005- 

33/BOA 2005-52 Chambers Auto Sales and Repair) 


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

and “Automotive Repair Facility (major)” both Conditional Uses in the “CH” Heavy 

Commercial Zoning District on a parcel of land generally located north of 121 st Avenue 

North and east of 66 th Street. Auto repair is ancillary to auto sales. This is an undeveloped 

parcel which contains a few trees and little vegetation. The parcel currently has semitrucks/tractor 

trailers parked/stored on the site. The applicant is requesting variances to the 

following: minimum required distance between an arterial right-of-way and driveway to be 

reduced from 75 feet to 24 feet and the maximum width of a two-way drive aisle to be 

increased from 40 feet to 50 feet. Surrounding land uses are: to the north, Franco’s Imported 

Cars and Repair; to the south, commercial plaza, restaurant/lounge and office building, which 

has a companion Conditional Use to allow the business to display a few vehicles on the site; 

to the east, PKS Rentals; to the west, single-family dwellings (Pinebrook Townhomes). 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 September 1, 

2005, the Planning and Zoning Commission recommended approval of the above request 

with conditions. 



Mayor Mischler asked Mr. McGraff if he was aware of the three conditions of the 

Conditional Use? 

Mr. McGraff stated yes he is and they are fine. 

Councilwoman Bradbury asked how the vehicles will be delivered to the sites? 

Mr. McGraff explained the transportation and conversion of automobiles brought to the site. 

Councilwoman Bradbury asked if there will be enough space for the trucks to unload 

vehicles. 

Mayor Mischler asked how many entrances will be on 66 th Street? 




Mr. McGraff stated he is not going to have any entrances off 66 th Street. 

Councilwoman Bradbury stated Mr. McGraff should make sure the 24 feet will be sufficient 

area between the arterial right-of-way and driveway for car haulers. 



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

and “Automotive Repair Facility (major)” in the “CH” Heavy Commercial Zoning District 

with the following variances; increase the width of a two-way drive aisle from 40 to 50 feet 

and reduce the required distance between an arterial right-of-way and driveway from 75 feet 

to 24 feet, based on the staff report and the criteria found in Section 18-1509.4(B) & (C) with 

the following conditions: 

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

systems allowed. 

2. All automotive repair work shall be performed only in an enclosed building. 

3. Designated signage for customer and employee parking spaces shall be 

displayed. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


Mr. McGraff thanked Council and staff for their support and he will be a good neighbor and 

make the City look nicer. 




P5 

RESOLUTION NO. 05-38. VACATION OF A TEN FEET WIDE DRAINAGE AND 

UTILITY EASEMENT, GENERALLY LOCATED TO THE WEST OF 50 TH STREET 

NORTH BETWEEN 68 TH AVENUE NORTH AND 69 TH AVENUE NORTH. (V 2005– 

12 – Colin Alston) 


The applicant is requesting the vacation of a ten-feet-wide drainage and utility easement 

generally located west of 50 th Street North between 68 th Avenue North and 69 th Avenue 

North for an approximate distance of 108.46 feet in order to develop the properties with 

single-family detached dwellings. The applicant shall dedicate a new 10 foot utility and 

ingress/egress easement to the west of the properties for the relocation of the utilities. The 

following Findings of Fact are pertinent to this request: 



provided that all utilities are relocated at the expense of the applicant. 






Taylor to ADOPT Resolution No. 05-38. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 







NORTH (PARKER, BETTY J. AND TIKKANEN, VICTOR AX05-59) 









Taylor to PASS Ordinance No. 3379. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P7 



NORTH (CORNELIA I. GOMERI AX05-61) 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 






CERTAIN PARCELS OF LAND GENERALLY LOCATED AT 5410 115TH 

AVENUE NORTH (JAY DAVIS LEA AND FRANCES K. LEA - AX05-62) 


This is an annexation of 1.33 acres MOL of contiguous commercial property. Lea Optical is 

located on this site. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P9 



NORTH (STEPHEN M. BARNES AX05-63) 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 






P10 

ORDINANCE NO. 3377. AMENDING ARTICLE II, GENERAL EMPLOYEES’ 




Article 21(B) of the current contract with the Florida Public Employees Council 79, 

American Federation of State, County and Municipal Employees, Local 762, gives the union 

the authority to select a representative from its membership to serve on the pension board. 

However, the language contained in Section 17-224 of the City Code of Ordinances, titled 

“Administration of the Plan” requires the trustee to be an elected member that is covered by 

the collective bargaining agreement. The proposed ordinance resolves this conflict. 

Additionally as a result of this amendment, those employees covered by the collective 

bargaining agreement who do not pay union dues will be eligible to serve on the board as an 

elected member trustee of the general employees. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





POLICE 

P11 



BY DELETING SECTION 16-102, “FIREARMS; UNLAWFUL TO DISCHARGE” 

IN ITS ENTIRETY; AND CREATING A NEW SECTION 16-102 “RESERVED”; 





Chapter 16 “Offenses” is being amended by deleting Section 16-102 “Firearms; Unlawful to 

Discharge” in its entirety; and creating a new Section 16-102 “Reserved”; due to an opinion 

of the Attorney General and also our City Attorney, that our Ordinance would not be valid in 

light of the current State Statute. 



Marshall Cook, 9300 54 th Street, asked what this action means. 

City Attorney Denhardt stated Pinellas Park had an ordinance making it unlawful to 

discharge a firearm in the City and the Attorney General has issued an opinion that Florida 

Legislature has pre-empted this area. Therefore, the City ordinance can’t be effective 

anymore so the ordinance is being deleted. 

City Attorney Denhardt stated Florida has state legislations pertaining to use and discharge of 

firearms and prohibiting some of those actions and any offense would be brought under state 

criminal statues and not under the City Code of Ordinances. 

Public Hearing was closed 8:47 P.M. 







Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





CITY CLERK 

P12 


AMENDING ARTICLE V “CANVASSING; PROTESTING AND CONTESTS”, 

SECTION 8-501 “CANVASSING BOARD”, SUBSECTION (B). 


This Ordinance will amend the time to convene the Canvassing Board for City Elections 

from three (3) days to seven (7) days. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





P13 ORDINANCE NO. 3376. AMENDING THE DATES OF THE CANDIDATE 

QUALIFYING PERIOD FOR THE MARCH 7, 2006, CITY OF PINELLAS PARK 

GENERAL ELECTION; AND BY AMENDING THE DATE ON WHICH COUNCIL 

MEMBERS TAKE OFFICE. 


This Ordinance will amend the dates of candidate qualifying and the date council will take 

office. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





IV. 



C1 

AUTHORIZATION FOR MAYOR TO SIGN THE BUSINESS ASSISTANCE 

PARTNERSHIP AGREEMENT (BAPA) – FY 2005/06 Business Assistance Program 

This authorizes the Mayor to sign the Business Assistance Partnership Agreement (BAPA) 

for one full year, effective October 1, 2005, and terminating on September 30, 2006, and 

provides that the City and County shall each pay to the Pinellas Park/Mid-County Chamber 

of Commerce, Inc. the sum of $16,537.50 (an increase of 5%) in equal quarterly payments as 

their respective one-third share of the cost of the program. The Chamber is to contribute its 

one-third share of $16,537.50 partly in money and in-kind. The City’s cost, not to exceed 

$16,537.50, has been approved in the FY 2005/06 budget to be charged to account 001-815- 

5517-62. 

Authorization for the Mayor to sign the Business Assistance Partnership Agreement (BAPA) 

through September 30, 2006, with City’s cost not to exceed $16,537.50, to be charged to the 


C2 

AUTHORIZATION FOR CITY MANAGER TO SIGN MEMORANDUM OF 

UNDERSTANDING WITH PINELLAS OPPORTUNITY COUNCIL, 

INCORPORATED 

The Pinellas Opportunity Council, Incorporated (POC) offers low-income families long-term 

case management and support services to assist them in becoming economically selfsufficient. 

Beginning October 1, 2005, the POC will also administer financial assistance on 

behalf of the Pinellas Park Angel Fund, Incorporated. The City of Pinellas Park wishes to 

host an office of the POC in order to make these services readily accessible to the 

community. The proposed Memorandum of Understanding between the City of Pinellas 

Park and the POC sets forth in writing the terms under which the City of Pinellas Park 

proposes to host a Pinellas Park office of the POC. 

Authorization for the City Manager to sign Memorandum of Understanding between the 

City of Pinellas Park, Florida and the Pinellas Opportunity Council, Incorporated. 




C3 

AUTHORIZATION FOR MAYOR TO SIGN PINELLAS COUNTY COMMUNITY 

DEVELOPMENT SPECIFIC PERFORMANCE AGREEMENT NO. CD05PPK 

Pinellas County has awarded the City with a Community Development Block Grant 

(CDBG) of $152,000 for streetscape improvements in the City’s Community 

Redevelopment Area. These streetscape improvements include construction of an entry 

feature at the eastern end of the City on Gandy Blvd. east of US 19 and installation of 

pedestal type, period-styled street and directional signs around City Hall, Park Station, 

Police Station, Library, Davis Field Complex, City Auditorium, England Brothers Band 

Shell, and Senior Citizen Center. The estimated total cost of the project is $190,000 with 

the City providing a cash match of $38,000. This project is included in the City’s Capital 

Improvement Program for FY 2005/2006. 

Authorization for the Mayor to sign the Pinellas County Community Development Specific 

Performance Agreement No. CD05PPK. 

C4 

CHANGE ORDER NO. 2 AND FINAL PAYMENT FOR PROJECT 03/006 – PARK 

STATION – Angle & Schmid, Inc. 


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

revised contract amount by 0.52%. The account to be charged will be 301-781-5-733-78. The 

final contract amount is $17,223 under the budgeted amount. 

Authorization for approval and acceptance of Change Order No. 2 Project 03/006, Park Station, 

a decrease in the contract amount of $17,223 for a total adjusted contract amount of $3,556,970 

and authorization for final payment of $358,757 to Angle & Schmid, Inc., to be charged to the 





C5 




PARCEL OF LAND GENERALLY LOCATED ON THE SOUTHEAST CORNER OF 

BELCHER ROAD NORTH AND 90 TH AVENUE NORTH (7050 90 TH AVENUE 

NORTH) AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" WHICH IS 

ATTACHED HERETO AND MADE A PART THEREOF; FROM “F” FARM 

DISTRICT AND “R-3” SINGLE-FAMILY RESIDENTIAL DISTRICT TO “R-1” 

SINGLE-FAMILY RESIDENTIAL AND ADOPTING A MASTER PLAN AND 

SUPPORTING DOCUMENTATION FOR A "RPUD" RESIDENTIAL PLANNED 

UNIT DEVELOPMENT FOR A 22 LOT, SINGLE- FAMILY SUBDIVISION AND A 

CHURCH. (PUD 2004-7/Z 2004-12 – Diocese of the Armenian Church of 

America/Stephen Lafferty) 



The applicant is requesting a rezoning from “F” Farm and “R-3” Single-Family Residential 

to “R-1” Single-Family Residential with an “RPUD” Residential Planned Unit Development 

overlay for a 9.39 acres parcel of land generally located on the southeast corner of Belcher 

Road and 90 th Avenue. The applicant is proposing the development of a single-family, 

detached subdivision of twenty-two, single-family homes on 5.55 acres and the development 

of a sanctuary, cultural hall, and a multipurpose building on the remaining 3.79 acres. The 

site is currently divided into multiple parcels with two, single-family residences and 

accessory structures. The site was annexed into the City of Pinellas Park on November 25, 

2003, via Ordinance No. 3164. The annexation agreement approved the Conditional Use of a 

Church and provided for the following waivers and/or variances: drive aisle width of 20 feet, 

lot width for residential lots, a right-of-way width of 50 feet, and the height of the church to 

65 feet. Surrounding land uses are; to the north, First Community Bank and vacant industrial 

property; to the east, single-family dwellings; to the west, Bayou Club; and to the south, 

Bayou West. At their meeting of September 1, 2005, the Planning and Zoning Commission 

recommended approval of the request subject to the following conditions: 

1. The pavement width of the public street shall be no less than twenty-four feet. 


Unit Development Master Plan (Exhibit “B”) for each lot. 









C6 

AUTHORIZATION FOR PURCHASE OF LIGHTING — Equestrian Arena and Ring 

This authorizes the Parks and Recreation Division to purchase lighting for the Equestrian 

Arena and Ring at Helen Howarth Park, under Hillsborough County Contract C-137-04 at a 

cost of $42,898.00 from Himes Electric Company, Inc. (1040 Land O’ Lakes Blvd., Lutz, FL 

33549). Expenditures to be charged to account 301-781-5-763-30. 

Authorization to purchase lighting from Himes Electric Company, Inc. (Lutz, FL) at a total 

cost of $42,898.00 to be charged to the appropriate account. 


appropriate, Items C1 thru C6 inclusive, with Item C5 being First Reading Prior to Public 

Hearing, and SECONDED by Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 







R1 

CONSIDERATION OF A RELEASE OF UNITY OF TITLE FOR PROPERTY 

GENERALLY LOCATED WEST OF US HIGHWAY 19 AND TO THE NORTH 

AND SOUTH OF 108 TH AVENUE NORTH. (MS 2005-42–Mariner Investments, Inc., 

/Florida Department of Transportation) 

The applicant, Mariner Investments, Inc., has requested the Release of Unity of Title 

documents tying together all properties that encompass the Mariner Village property 

generally located west of U.S. Highway 19 and to the north and south of 108 th Avenue 

North. A lawsuit has been filed as an eminent domain proceeding by the Florida 

Department of Transportation to acquire 346 square feet portion of the property located on 

the northwest corner of U.S. Highway 19 and 108 th Avenue for right-of-way. The remainder 

of the parcels will be reunified and recorded at the time of the release. 


Taylor to APPROVE the Release of Unity of Title documents for property located at 10770 

US Highway 19, subject to the following provision: 

1. A new Unity of Title document must be prepared and recorded, tying together 

the remaining properties. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





CITY COUNCIL 

R2 

APPOINTMENT OF CITY’S REPRESENTATIVE TO PINELLAS SUNCOAST 

TRANSIT AUTHORITY (PSTA) BOARD OF DIRECTORS 

Vice Mayor Patricia Bailey-Snook currently serves on the Board of Directors of PSTA and 

her term expires September 30, 2007. Due to a scheduling conflict Council Member Rick 

Butler has agreed to take Vice-Mayor Bailey Snook’s place on the PSTA Board of Directors. 


Taylor to APPROVE the appointment of Councilman Butler to serve as the City of Pinellas 

Park’s representative on the Pinellas Suncoast Transit Authority (PSTA) Board of Directors 

to fill an unexpired term to September 30, 2007. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


Vice-Mayor Bailey-Snook stated she is very pleased that Councilman Butler is willing to 

take over this responsibility due to personal obligations that keep her from attending. 




R3 RESOLUTION NO. 05-40. A RESOLUTION SUPPORTING LOCAL 

GOVERNANCE OF FIRE PROTECTION; OPPOSING ANY PROPOSAL THAT 

WOULD ABOLISH OR WEAKEN THE RIGHTS OF PINELLAS PARK TO 

MAINTAIN CONTROL OVER FIRE PROTECTION WITHIN THE CITY LIMITS 

AS CURRENTLY CONSTITUTED UNDER STATE LAW; PROVIDING FOR AN 



Resolution supporting local governance of fire protection services. 




Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


Mayor Mischler stated this resolution shows that Pinellas Park’s Fire Department has the full 

support of City Council. 

Mayor Mischler stated there is a Charter Review Committee for Pinellas County and one of 

the issues is consolidation of Fire Departments in Pinellas County to one department and 

City Council is strictly opposed to that. 




MISCELLANEOUS 

M1 

CONDOLENCES 

Mayor Mischler offered condolences to Tom McKaulsky whose mother passed away. 

M2 

SPECIAL TASK FORCE 

Councilman Taylor thanked Chief Thomas, Officer Berger, Officer Osgood and Officer 

Vangelli for the work their Special Task Force has done in the Pinellas Park redevelopment 

area. 

Councilman Taylor stated this program is really working and the improvements are deeply 

appreciated. 

M3 

NEWSLETTER 

Mayor Mischler stated upcoming City events are listed on the back of the City newsletter and 

provided information on those events. 

M4 

CASA PROCLAMATION 

Marshall Cook, 9300 54 th Street, stated he used to be involved in CASA and the Christmas 

Toy Shop and he was very happy to see a proclamation recognizing these programs. 

ADJOURNMENT 


Attest: 

_____________________________________ 



_____________________________________ 


Mayor 

/cgg 






MINUTES 

October 13, 2005 



PRESENT: 

ABSENT: 






None 

Also present were: Assistant City Attorney, Christopher Hammonds – City Manager, Michael 

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

Administrator, Ron Miller – Interim 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 – Assistant 

Community Development Administrator, Patrick Murphy – Community Development Director, 

Robert Bray – Police Captain, John Green – Fire Administrative Services Director, Mary Ann Salch - 

Office of Management and Budget Administrator, Dan Katsiyiannis - Staff Assistant, Kelly Haworth 

– Administrative Clerk, Pam Martin – City Clerk, Diane M. Corna, and Deputy City Clerk, Christine 

Gardner. 




SPECIAL PRESENTATION — Do the Right Thing 

From Chief Thomas and Officer Saxer to: 

Pierre Black Pinellas Central Elementary 

Katelyn Hudgell Sacred Heart 

Michael Pollard Pinellas Central Elementary 

Tara Winkfield Pinellas Park High School 



OCTOBER 13, 2005

PUERTO RICAN FESTIVAL 

Sandra Acevedo invited Council and the community to attend the Puerto Rican 

Festival, Sunday, October 15, 2005. 

II. 


Approval of Regular Council Minutes of September 22, 2005. 


to APPROVE the Regular Council Minutes of September 22, 2005, as on file in the City 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


STAFF MEMBERS WERE SWORN FOR QUASI-JUDICIAL ITEMS 




III. 



P1 




PARCEL OF LAND GENERALLY LOCATED ON THE SOUTHEAST CORNER OF 

BELCHER ROAD NORTH AND 90 TH AVENUE NORTH (7050 90 TH AVENUE 

NORTH) AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" WHICH IS 

ATTACHED HERETO AND MADE A PART THEREOF; FROM “F” FARM 

DISTRICT AND “R-3” SINGLE-FAMILY RESIDENTIAL DISTRICT TO “R-1” 

SINGLE-FAMILY RESIDENTIAL AND ADOPTING A MASTER PLAN AND 

SUPPORTING DOCUMENTATION FOR A "RPUD" RESIDENTIAL PLANNED 

UNIT DEVELOPMENT FOR A 22 LOT, SINGLE- FAMILY SUBDIVISION AND A 

CHURCH. (PUD 2004-7/Z 2004-12 – Diocese of the Armenian Church of 

America/Stephen Lafferty) 



The applicant is requesting a rezoning from “F” Farm and “R-3” Single-Family Residential 

to “R-1” Single-Family Residential with an “RPUD” Residential Planned Unit Development 

overlay for a 9.39 acres parcel of land generally located on the southeast corner of Belcher 

Road and 90 th Avenue. The applicant is proposing the development of a single-family, 

detached subdivision of twenty-two, single-family homes on 5.55 acres and the development 

of a sanctuary, cultural hall, and a multipurpose building on the remaining 3.79 acres. The 

site is currently divided into multiple parcels with two, single-family residences and 

accessory structures. The site was annexed into the City of Pinellas Park on November 25, 

2003, via Ordinance No. 3164. The annexation agreement approved the Conditional Use of a 

Church and provided for the following waivers and/or variances: drive aisle width of 20 feet, 

lot width for residential lots, a right-of-way width of 50 feet, and the height of the church to 

65 feet. Surrounding land uses are; to the north, First Community Bank and vacant industrial 

property; to the east, single-family dwellings; to the west, Bayou Club; and to the south, 

Bayou West. At their meeting of September 1, 2005, the Planning and Zoning Commission 

recommended approval of the request subject to the following conditions: 

1. The pavement width of the public street shall be no less than twenty-four feet. 


Unit Development Master Plan (Exhibit “B”) for each lot. 











Steven Lafferty, Lafferty Architecture Group, 963 Highland Avenue, gave an overview of the 

proposed development. 

Mr. Lafferty stated the homeowners association will maintain the pond and provided 

information on the drainage easement. 

Councilman Taylor stated the drainage was a concern and he is glad it was resolved and 

requested specifications on the proposed retention areas. 

Mr. Lafferty explained the location, ownership and maintenance plans for the retention areas. 

Vice-Mayor Bailey-Snook stated the owner of lot one will own the drainage area and asked if 

there is anything sets aside for taxes for drainage. 

City Manager Gustafson stated when it is explained to the tax appraiser what the pond is 

used for, there should be very little taxes on that particular piece of property. 

Reuben Ohanian, 3238 Cullendale Drive, Tampa, stated he is the Drainage Engineer for this 

project and is available to answer any questions. 

Mike Allen, 6221 62 nd Avenue, asked questions pertaining to the artist rendering used to 

show the proposed development. 

Mr. Lafferty explained the direction the rendering was positioned from. 

Discussion was held on where the entrances would be to the development. 

Edna Keenan, 8946 70 th Street, asked if there is a danger of the retention pond on 90 th 

Avenue overflowing and getting into the property on 70 th Street. 

Mr. Ohanian stated the pond is designed for a 25 year storm. 

Ms. Keenan asked if the homes would be open to anyone to build or if it is going to strictly 

be an Armenian Community. 

Mr. Lafferty stated the homes would be available to purchase by anybody. 

Ms. Keenan asked if this would be a gated community? 




Mayor Mischler stated there will be a homeowners association and asked if Ms. Keenan lived 

immediately to the east of the retention pond. 

Ms. Keenan stated she lives in the third house down. 

Marshall Cook, 9300 54 th Street, asked if there will be sidewalks put in on 90 th Avenue? 

Mr. Lafferty stated the plan does call for a sidewalk to be placed along 90 th Avenue. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Mayor Mischler asked when this development will be started? 

Mr. Lafferty stated construction should begin within the next few months. 




P2 

RESOLUTION NO. 05-39. A RESOLUTION VACATING 132 ND AVENUE, A SIXTY- 

FEET-WIDE UNIMPROVED RIGHT-OF-WAY GENERALLY LOCATED 

BETWEEN AUTOMOBILE BLVD AND THE VACATED RIGHT-OF-WAY OF 47 TH 

STREET, SOUTH OF 4590 ULMERTON ROAD NORTH. (V 2005-7) 


The applicant is requesting the vacation of 132 nd Avenue a sixty-feet-wide undeveloped 

right-of-way generally located between Automobile Boulevard and the vacated right-of-way 

of 47 th Street, south of 4590 Ulmerton Road North. 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 a ten foot utility easement is retained over the entire southern portion of 

the vacated right-of-way. 

3. A thirty-feet-wide by one hundred fifty-feet-long ingress/egress easement in the 

center of the vacated right-of-way is to be retained for access to Lot 43, Spanish 

Village. 


Roger Zaydon, 15500 Rosevelt Boulevard, Clearwater, stated he is the applicant and is 

representing the other homeowners who abut the street and provided information on this 

request. 

Mayor Mischler stated various utility agencies and City divisions have no objections to this 

vacation. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P3 

RESOLUTION NO. 05-41. A RESOLUTION VACATING A FIVE FOOT PORTION 

OF A TEN-FEET-WIDE DRAINAGE AND UTILITY EASEMENT GENERALLY 

LOCATED ALONG THE SOUTH PROPERTY LINE OF 6292 109 TH AVENUE 

NORTH. (V 2005-16) 


The applicant is requesting the vacation of a five foot portion of a ten-feet-wide drainage and 

utility easement generally located along the south property line of 6292 109 th Avenue North 

to accommodate the installation of a pool, deck, and screen enclosure. The following 



2. The various utility agencies and City Divisions have no objection to the 

vacation. 


Della Sparks, 6292 109 th Avenue, stated she is the applicant and is available to answer any 

questions. 





Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






IV. 


PUBLIC WORKS 

C1 

AWARD OF BID 05/029 – RE-ROOF & SKYLIGHT REPLACEMENT OF 

TECHNICAL SERVICES BUILDING — Southern Roofing Company, Inc. 


Three (3) bids were received with Southern Roofing Company, Inc. (1727 Cypress Street, 

Tampa, FL 33606) being the low bidder with a bid submittal of $124,714.00. The amount 

budgeted for this project is $130,000 (pg. 411 of the FY 05/06 budget). This project will be 

charged to account 301-175-5-736-83. 

Authorization to award bid 05/029 for the re-roof & skylight replacement to Southern 

Roofing Company, Inc., Tampa, FL. In the amount of $124,714.00 to be charged to the 


Peter White, 7197 120 th Avenue, stated the skylights should be put back in to withstand a 

higher wind rating because there are 20 to 30 more years of hurricanes. 

City Manager Gustafson stated the skylights will withstand the same wind load as the 

building. 

Randy Heine, 7451 Park Boulevard, asked when the last time this building was re-roofed and 

if there will be guarantee on the skylights so they don’t leak? 

City Manager Gustafson stated this will only be the flat section of the roof and any guarantee 

would be outlined in the specifications. 

Mike Allen, 6221 62 nd Avenue, stated he does not think that skylights should be put in a roof 

in Florida and asked why people have to be hired from Sarasota to do work in Pinellas Park? 

Councilman Taylor stated over 300 bid packets were sent out on this item and only two were 

returned. 




C2 CHANGE ORDER NO. 1 AND FINAL PAYMENT FOR PROJECT 05/001— 2004/2005 

ANNUAL PAVING/RESURFACING PROJECT — R.E. Purcell Construction 

Company, Inc. 


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

original contract amount by 5.9%. Account to be charged will be #301-481-5-714-06. 

Authorization for approval and acceptance of Change Order No. 1, Project 05/001 2004/2005 

Annual Paving/Resurfacing Project, a decrease in the contract amount of $17,614.33 for a total 

adjusted contract amount of $281,000.17, and authorization for final payment of $29,214.77 to 

R.E. Purcell Construction Company, Inc. to be charged to the appropriate account. 


C3 

AWARD OF BID 05/030 – CITY HALL ENTRANCE WAY — Structural Preservation 

Systems 


Two bids were received with the lowest bid lacking the required documentation. The second 

lowest bid was received from Structural Preservation Systems (1219 Tallevast Road, 

Sarasota, FL 34243) with a bid submittal of $134,512, to be charged to account 301-175-5- 

736-42. The amount budgeted for this project is $135,000. 

Authorization to award Bid 05/030 for repairs to City Hall Entrance Way to Structural 

Preservation Systems, Sarasota, FL, in the amount of $134,512 to be charged to the 


Randy Heine, 7451 Park Boulevard, asked if anyone has looked at demolishing the entrance 

and putting up an awning? 

City Manager Gustafson stated an engineer inspected and made recommendations to correct 

the front of the building and provided information on the work that will be done. 

Mr. Heine asked if the entranceway will be handicap accessible? 

City Manager Gustafson stated handicap accessibility will remain on the side of the building. 

Mr. Heine stated he thinks it should be accessible for the handicap to come in the front door. 

Discussion was held on handicap accessibility, parking and the improvements that will be 

made to fix the building. 




Marshall Cook, 9300 54 th Street, commended Vice-Mayor Bailey-Snook for recognizing the 

repairs that are needed and stated he is disappointed to see the front entrance will not be 

handicap accessible. 

Mayor Mischler stated ADA requirements have been conformed to. 

C4 

RESOLUTION NO. 05-42. AUTHORIZING THE IMPLEMENTATION OF THE 

FAÇADE GRANT PROGRAM WITHIN THE COMMUNITY REDEVELOPMENT 

AREA OF THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. 


This resolution will implement a grant program to encourage and help businesses in the 

Redevelopment Area to upgrade the façade of their property and to improve the aesthetics of 

the Redevelopment Area. Only businesses and apartment buildings in the Redevelopment 

Area are eligible for the program. The Program will match businesses up to $10,000 per 

street frontage (up to a total of $20,000) to improve their façade and landscape 

improvements. 

C5 

RESOLUTION NO. 05-43. AUTHORIZING THE IMPLEMENTATION OF THE 

ACCESSIBILITY GRANT PROGRAM WITHIN THE COMMUNITY 

REDEVELOPMENT AREA OF THE CITY; AND PROVIDING FOR AN 



This resolution will implement a grant program that encourages and helps businesses in the 

Redevelopment Area to upgrade the accessibility aspects of their property. The Program is to 

encourage businesses to comply with the Americans with Disabilities Act (ADA). The 

Program will match businesses in the Pinellas Park Redevelopment Area up to threethousand 

dollars ($3,000), to improve disabled accessibility and user friendliness. These 

improvements will enhance accessibility and convenience for disabled citizens. Only 

businesses in the Community Redevelopment Area are eligible for the Program. Program 

funds are to be from the Tax Increment Financing Trust Fund. 




C6 


DEVELOPMENT CODE), CODE OF ORDINANCES OF THE CITY OF PINELLAS 

PARK, FLORIDA, BY AMENDING ARTICLE 1 “SUBDIVISION”, SECTION 18-102 

“DEFINITIONS” BY DELETING THE DEFINITION OF “UNITY OF TITLE”; AND 

AMENDING ARTICLE 15 “ZONING”, SECTION 18-1505.10 “DIVISION OF 

ZONING LOTS/UNITY OF TITLE DOCUMENTS”, BY CREATING A NEW 

SUBSECTION 18-1505.10(C) “UNITY OF TITLE”, A DELEGATION OF 

AUTHORITY FROM CITY COUNCIL TO THE COMMUNITY DEVELOPMENT 

ADMINISTRATOR OR HIS DESIGNEE FOR THE RELEASE OF A RECORDED 

UNITY OF TITLE WHEN NO VARIANCES, OTHER THAN AN 

ADMINISTRATIVE VARIANCE OR WAIVERS ARE REQUIRED; PROVIDING 

FOR CERTIFICATION BY THE CITY COUNCIL THAT THIS ORDINANCE IS IN 

CONFORMANCE WITH THE COMPREHENSIVE PLAN; PROVIDING FOR 

REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT 


EFFECTIVE DATE. (LDC 2005-06) 


(Public Hearing October 27, 2005) 

The proposed amendment represents a delegation of authority from City Council to the 

Community Development Administrator or his designee for the release of recorded Unity of 

Title documents when no variances, other than an administrative variance or waivers are 

required. If a variance or waiver is required, then City Council will retain the authority to 

approve or deny the Release of a Unity of Title. On September 1, 2005, the Planning and 

Zoning Commission recommended approval of the proposed amendment. 




C7 




PARCEL OF LAND GENERALLY LOCATED AT 4590 ULMERTON ROAD AND 

MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" WHICH IS ATTACHED 

HERETO AND MADE A PART THEREOF; AND ADOPTING A MASTER PLAN 

AND SUPPORTING DOCUMENTATION FOR AN "IPUD" INDUSTRIAL 

PLANNED UNIT DEVELOPMENT FOR AN INDUSTRIAL PARK. (PUD 2005-8, 

Haydon Rubin Development and Suncoast Land Enterprise/Rogers K Hayden) 


(PUBLIC HEARING OCTOBER 27, 2005 – QUASI JUDICIAL) 

The site was annexed into the City of Pinellas Park by Ordinance No. 2747 and approved by 

City Council on September 14, 2000. The right-of-way for 133 rd Avenue and 47 th Street was 

vacated by Resolution 01-21 and approved by City Council on June 14, 2001; the purpose of 

which was to aid in the development of this industrial development. A permit was issued by 

the Building Development Division for construction of a 21,100 square foot office building 

and related improvements on the parcel under Permit No. 2004-3965 on November 16, 2004. 

The applicant is now requesting to rezone from “M-1” Light Industrial to “M-1” Light 

Industrial with an “IPUD” Industrial Planned Unit Development overlay and the adoption of 

a Master Plan. A companion case for the vacation of the right-of-way to the south of this 

parcel is currently undergoing review under Case No. V 2005-7. The subject property is 

surrounded by industrial and commercial parcels on all sides. Access to the lots is by way of 

an ingress/egress easement held over the entire property. The Planning and Zoning 

Commission recommended APPROVAL of the “IPUD” Master Plan at its meeting of 

September 1, 2005 subject to following condition; 

1. Egress onto Ulmerton Road shall be restricted to right out egress. 

FINANCE 

C8 

CONSIDERATION OF A WAIVER OF THE COST AND INSTALLATION FEE OF 

A WATER METER THAT WILL SERVE PINELLAS SUNCOAST TRANSIT 

AUTHORITY NEW BUS ISLAND LOCATED WITHIN THE PARKING AREA OF 

THE SHOPPES AT PARKSIDE COMPLEX. 

The applicant is requesting a waiver of the cost of a 5/8” meter and installation fee totaling 

$170.00 for the PSTA bus facility located at the Shoppes at Parkside complex. The water 

line is being installed primarily for the purpose of cleaning of the bus island. Having water 

available at the site will allow for routine maintenance and pressure spraying. No sewer is 

required. City-at-Large account #001-171-533109 will be charged. 

The waiver of the cost of a 5/8” meter and installation fee totaling $170.00 for the PSTA bus 

facility located at the Shoppes at Parkside complex. 




Peter White, 7197 120 th Avenue, asked if only the people that are using the water could get 

it so it would not be on all the time? 

City Manager Gustafson stated that is correct. 

POLICE 

C9 

AUTHORIZATION FOR MAYOR TO SIGN PINELLAS COUNTY SHERIFF 

RENEWAL AGREEMENT FOR CRIME SCENE SERVICES – Police Department 

This contract revises and replaces the contract previously entered into between the City and 

Pinellas County Sheriff’s Office, dated October 1, 2004. The proposed renewal contract has 

been reviewed by the City Attorney’s office, with a $1,587.15 increase. The proposed 

agreement is $84,343.36 for one year. The amount budgeted for this service is $86,110. 

Authorization for the Mayor to sign the Crime Scene Service Agreement with Jim Coats, as 

Sheriff of Pinellas County. This agreement shall commence October 1, 2005, and will 

conclude September 30, 2006, for the minimum sum of $84,343.36 to be charged to Account 

001-211-5-517-62. 

C10 

AUTHORIZATION FOR MAYOR TO SIGN A PROPOSED MEMORANDUM OF 

UNDERSTANDING / WORKING AGREEMENT WITH THE PINELLAS COUNTY 

SHERIFF’S OFFICE — Police Department 

This authorizes the Mayor to sign a proposed Memorandum of Understanding / Working 

Agreement with the Pinellas County Sheriff’s Office which will be good through July 1, 

2010. This Agreement will coordinate services of the Pinellas County Sheriff’s Office, Child 

Protections Investigations Division, through cooperation, collaboration, and the sharing of 

appropriate information. The previous agreement expired January 2005. 

Authorization for the Mayor to sign a proposed Memorandum of Understanding / Working 

Agreement with the Pinellas County Sheriff’s Office. 


C11 AWARD OF BID 05/032 - CONVERSION OF CRISIS NEGOTIATION VEHICLE — 




L & S Custom Coaches Inc. 

Bids were legally advertised and bid invitations were mailed to 20 prospective bidders. One 

bid was received from L & S Custom Coaches Inc. (9324 Eden Avenue, Hudson, FL 34667) 

with a bid submittal of $32,550. The amount budgeted for this project is $33,000 (Forfeiture 

and Seizure Account). This project will be charged to Account 104-212-5-62108. 

Authorization to award Bid 05/032 for the conversion of the Crisis Negotiation Vehicle to L 

& S Custom Coaches Inc., Hudson, FL, in the amount of $32,550 to be charged to the 


CITY CLERK 

C12 

ORDINANCE NO. 3385. AN ORDINANCE AMENDING ORDINANCE NO. 3281, BY 

AMENDING THE CITY’S ADMINISTRATIVE FEE SCHEDULE; BY AMENDING 

THE FOLLOWING SECTIONS: “CITY CLERK’S OFFICE” PAGE 3, 

“ENGINEERING DIVISION” PAGE 4, “FIRE DEPARTMENT” PAGES 4 AND 5 

AND “POLICE DEPARTMENT” PAGE 9. 


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. 


appropriate, Items C1 thru C12 inclusive, with Items C6, C7 and C12 being First Reading 

Prior to Public Hearing and Items C4 and C5 being First and Final Reading, and 

SECONDED by Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 







R1 


HIGH, CHAIN LINK FENCE TO SHIELD AN OUTDOOR STORAGE AREA 

FROM RIGHT-OF-WAYS, A SUBSTITUTE FOR A SOLID WALL AS REQUIRED 

BY CODE, FOR A CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 

THE NORTHEAST CORNER OF 58 TH STREET AND 126 TH AVENUE. (MS 2005-39 

Heber Gonzalez) 


The applicant has requested that a six-feet-high, chain link fence be permitted in place of the 

solid wall required to shield outdoor storage. Review of the site and adjacent properties in 

the neighborhood revealed undeveloped, overgrown, unutilized properties. The right-of-ways 

abutting the property are undeveloped. The Cross Bayou Canal, located to the east of the 

property, dead ends both 58 th Street and 126 th Avenue. In the vicinity of this property, 58 th 

Street is a “paper” street as it is undeveloped and unutilized. The location of the canal 

eliminates any passerby traffic and essentially limits traffic in this area to that generated by 

this property and the property to the south, which is undeveloped. City Council approved 

similar waivers on other properties in nearby industrial area, MS 1999-2, for storage of 

trucks, MS 2004-41, for storage of trailers, and MS 2005-38, for storage of watertight 

shipping containers. All of the previous sites had frontage on active right-of-ways. In 

determining whether or not to grant a request to allow a six-feet-high, solid, wood fence, City 

Council shall consider the following criteria: use of abutting properties, right-of-way 

classifications, extent of existing solid fencing within the surrounding area, fence or 

alternative shielding device materials proposed, length of proposed fence/wall, and type of 

materials being stored. 

MOTION was made by Councilwoman Bradbury and SECONDED by Councilman Butler 


shield outdoor storage areas visible from 126 th Avenue and 58 th Street, replacing said wall 

with a six-feet-high chain link fence. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 


Mayor Mischler stated he voted for this item because it is in the industrial area. 




R2 

AUTHORIZATION FOR THE MAYOR TO SIGN A CONTRACT FOR PURCHASE 

OF REAL PROPERTY FROM THE ADELE GRECO REVOCABLE TRUST – 

Property located at 3765 62 nd Avenue North. 

The property is located at 3765 62 nd Avenue North and abuts the south boundary of Youth 

Park. The owner has agreed to sell the property to the City for $2,650,000 and has further 

agreed to hold a purchase money first mortgage in the amount of $1,950,000 after a down 

payment of $700,000. The mortgage will bear interest at 5% per annum and be fully 

amortized over 10 years. Payments of principal and interest will be made semi-annually on 

March 31 st and September 30 th . 

Mayor Mischler stated staff has requested this item is tabled until the Regular Council 

Meeting on November 10, 2005. 


to TABLE authorization for Mayor to sign a Contract for Purchase of Real Property located 

at 3765 62 nd Avenue North from The Adele Greco Revocable Trust in the amount of 

$2,650,000 plus closing costs to be charged to account # 301-781-5726-69, subject to the 

closing documents being acceptable to the City Attorney until the November 10, 2005, 

Regular Council Meeting. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


POLICE 





REDUCTION/ELIMINATION – For William S. Mercado and the property located at 

7061 46 th Street, Pinellas Park, FL 

The owner, William Mercado, requests a reduction/elimination of the lien on his property. 

The current outstanding lien is $225. After careful review of the case, the Special Hearing 

Master recommends you approve the request for an elimination of this lien. 

William Mercado, 7061 46 th Street, stated he is available to answer any questions. 


to APPROVE the Special Hearing Master lien reduction/elimination request against William 

S. Mercado and the property located at 7061 46 th Street, Pinellas Park, FL. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 



REDUCTION/ELIMINATION — For Eric J. Miret and the property located at 12191 





Eric J. Miret, owner of the property located at 12191 77 th Street, Largo, FL, requests a 

reduction/elimination of the lien on his property. The current outstanding lien is $8,775. 

After careful review of the case, the Special Hearing Master recommends a reduction of the 

lien to $4,000 by a date specified by City Council. If the lien amount is not paid by the date 

specified it will revert back to the original total lien amount of $8,775. 

Eric Miret, 12191 77 th Street, stated he did not receive any notices sent in the mail because 

someone else signed his name. 

Councilwoman Bradbury stated the Special Hearing Master made his recommendation to 

reduce to $4,000 based on this information. 

Mr. Miret stated it is still a lot of money for him to pay. 

Police Chief Thomas stated she has no record of Mr. Miret speaking to anyone at the agency 

pertaining to not receiving the notices. 

Discussion was held on what the property was cited for. 

Councilman Butler suggested that a motion is made to table this item and send it back to the 

Special Master to review and then return to Council. 

Mr. Miret explained the whole amount is set aside in escrow with a date of release if the 

issue is not handled. 

Councilman Butler stated Council can pass this item tonight for a reduction and then it can 

be looked at again. 

Mayor Mischler stated he thinks the evidence should be provided to the Special Master and 

he will determine if he agrees with Mr. Miret and that recommendation will be passed on to 

City Council for them to make their determination at that point. 

Discussion was held on when this item will go back to the Special Master and City Council. 

Mayor Mischler stated that City Manager Gustafson will have Police Chief Thomas inform 

Mr. Miret when the next Special Hearing Master meets. 


to APPROVE the Special Hearing Master Lien reduction/elimination request against Eric J. 




Miret and the property located at 12191 77 th Street, Largo, FL, be reduced from $8,775 to 

$4,000 for a period of ninety days and if the lien amount is not satisfied within 90 days then 

the lien will revert back to the full amount. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 



REDUCTION/ELIMINATION – For Joanne Bush and the property located at 4373 




71 st Avenue, Pinellas Park, FL 

Joanne Bush, owner of the property located at 4373 71 st Avenue, Pinellas Park, FL, requests a 

Partial Release of Lien is issued on her property. The current outstanding lien was against 

the previous owner, Orlando Romero, for the amount of $4,225. After careful review of the 

case, the Special Hearing Master recommends a Partial Release of Lien. This will release the 

property, but keep the lien amount against the violator, Orlando Romero. 

Joanne Bush, 4373 71 st Avenue, stated she is available to answer any questions. 


to APPROVE the Partial Release of Lien request by Joanne Bush against her property 

located at 4373 71 st Avenue, Pinellas Park, Florida. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


R6 

APPOINTMENT TO CODE ENFORCEMENT BOARD — One Member 




There is a vacancy on the Code Enforcement Board to fill the unexpired term of Mrs. Sheila 

Bender. Mrs. Bender’s term will expire December 2005. The Board interviewed Mr. Edson 

Eugene Webb PhD on September 15, 2005, and recommended Mr. Webb to fill the position 

City Manager Gustafson stated staff is requesting this item is tabled to the November 10, 

2005, Regular City Council Meeting so it can be sent back to the Code Enforcement Board. 

MOTION was made by Vice-Mayor Bailey-Snook and SECONDED by Councilman Butler 

to TABLE the appointment to the Code Enforcement Board until the November 10, 2005, 

Regular City Council Meeting. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


CITY COUNCIL 




R7 REAPPOINTMENT TO PINELLAS PARK WATER MANAGEMENT DISTRICT — 

Charles Tingler 

The Pinellas Park Water Management District is requesting that Mr. Tingler be reappointed 

to the Pinellas Park Water Management District Board of Directors for a term commencing 

January 1, 2006 and expiring January 1, 2009. 


to APPROVE reappointment of Charles Tingler to serve as a regular member of the Pinellas 

Park Water Management District Board of Directors with term to expire January 1, 2009. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


MISCELLANEOUS 

M1 

THANK YOU 

Councilman Butler thanked everyone for their concern over his father’s recent 

hospitalization. 

M2 

PINELLAS PARK WATER MANAGEMENT DISTRICT 




Gail Larson, 5900 94 th Avenue, explained the following problems she is having with work 

Pinellas Park Water Management District (PPWMD) is doing near her property: horses are 

getting hurt and sick, all the trees have been taken down, she thinks someone is going to get 

killed, pile driving is shaking the whole barn, a tree is being removed by roots that are under 

a barn, she is afraid someone is going to get hurt and she has not been able to work out 

anything with PPWMD. 

Councilman Butler asked Ms. Larson if she has retained counsel? 

Ms. Larson stated yes she has. 

Councilman Butler stated he would highly recommend to Ms. Larson she consider contacting 

her attorney and seeing if a motion can be made to stop the work. 

Councilman Butler stated it is beyond the scope of City Council to be involved with 

PPWMD. 

Ms. Larson asked if Council can get PPWMD to stop. 

Mayor Mischler stated PPWMD is a separate body just like the School Board. 

Councilman Butler stated Council does not have the legal right to instruct the City Attorney 

to put a stop to that work. 

Mayor Mischler stated the ditch is a strip of land that doesn’t belong to the City it belongs to 

PPWMD. 

Councilman Butler stated Ms. Larson has to deal with her legal counsel and courts that can 

make decisions. 

Discussion was held on Ms. Larson contacting PPWMD staff and attorney. 

Mayor Mischler asked if there is anything Council can do? 

Assistant City Attorney Hammonds stated no, this is the same as state roads that Council 

can’t dictate where stop signs and traffic signals go because it is not within Pinellas Park’s 

jurisdiction. 

Assistant City Attorney Hammonds stated he is sure if Council could do anything then they 

would. 

Mayor Mischler stated he sympathized with Ms. Larson but he can’t do anything and he is 

sorry and he wishes he could help. 




Gabrielle Syke, 9470 50 th Way, stated she believes this has to do with the City of Pinellas 

Park because it is posted at both ends of 94 th Avenue this is an equestrian area. Ms. Syke 

stated these signs follow a Florida statute stating it is a felony to endanger, upset or harm an 

animal she feels this falls under that guideline. 

Assistant City Attorney Hammonds asked if the City, this board or the people under their 

direction taken any action that has caused problems with the horses. 

Ms. Sykes stated she does have the right and the power to call the Police Department to put a 

stop to this based on the fact it is a contradiction of a Florida Statute that is clearly posted at 

both ends of 94 th Avenue. 

Assistant City Attorney Hammonds stated the police will determine if a crime has been 

committed. 

Mayor Mischler stated the Police Department upholds State and City laws. 

Lynn Barker, 10100 62 nd Street, stated she understands there is nothing Council can do 

except support Ms. Larson if someone from PPWMD contacts Council. Ms. Barker 

explained horses can get used to things, but not at this level. 

Assistant City Attorney Hammonds stated Councilmembers could certainly speak as 

representatives of their constituency but they have no jurisdiction to do anything. 

Councilman Taylor asked how long this issue has been getting to this point? 

Councilman Butler stated it has actively been going on for years that the ditch was going to 

be improved for drainage improvements. 

Joanne Madden, 14848 Brooster Drive, Largo, asked what she should do? 

Councilman Butler stated get an attorney and address PPWMD. 

Councilman Butler suggested finding another boarding facility for the horses until the 

construction is complete and to do what is best for the animal. 

Councilwoman Bradbury suggested working together to find a pro-bono attorney that will 

not charge for services and they could possibly find an attorney with horses who may be able 

to litigate for them. 

Assistant City Attorney Hammonds stated Councilwoman Bradbury is speaking from her 

own personal knowledge on this. 

Lynn Steele, 6045 1 st Avenue North, St. Petersburg, explained what is happening to the 

horses, problems with PPWMD and the work they are doing. She stated she is afraid 




someone is going to get killed. 

Vice-Mayor Bailey-Snook stated Council cannot do anything because PPWMD is it’s own 

identity just like each person is. 

Councilman Butler stated PPWMD is a separate government. 

Mayor Mischler stated PPWMD owns the ditch and the City of Pinellas Park cannot go in 

and stop PPWMD work. 

Discussion was held on who City Council represents. 

Marshall Cook, 9300 54 th Street, provided information on this item and stated there is 

nothing the Equestrian Board can do about this and suggested Ms. Larson obtain legal 

Council. 

Ms. Barker stated this is Ms. Larson’s business so when it is recommended for the boarders 

to find somewhere else to take their horses that effects her livelihood and requested Council 

help Ms. Larson in any way they can. 

M3 

ST PETERSBURG TIMES ARTICLE 

Randy Heine, 7451 Park Boulevard, stated the line needs to be drawn on how far people go 

in government to promote businesses. 

M4 

REDUCING COSTS 

Mike Allen, 6221 62 nd Avenue, stated the cost is rising for insurance, electrical rates, gas, 

water bills and phone rates and asked if Council is making any plans to reduce the cost of 

government. 

Consensus of City Council was yes there are plans. 

M5 

GASOLINE TAX 




Mike Allen, 6221 62 nd Avenue, asked if Pinellas Park is collecting any taxes or revenue from 

the sale of gasoline? 

Councilwoman Bradbury stated a resolution was passed giving Pinellas County 60% and 

Pinellas Park 40%. 

Office of Management and Budget Administrator Katsiyiannis stated he believes $0.05 total 

is taxed and the municipalities receive a percentage of that. The share is determined by the 

relative population of the various cities. 

Mayor Mischler stated all municipalities in Pinellas County have increased their take of the 

gas tax revenues from Pinellas County. 

Mayor Mischler stated the City is giving the most efficient service for the least amount of 

cost to the taxpayers as possible. 

Councilman Butler stated the City is striving to do better. 

M5 

PINELLAS PARK WATER MANAGEMENT DISTRICT 

Joe Shelley, 6035 86 th Avenue, stated he gives Council credit for their patience with the 

horse issue on the Larson property. He thanked Council for their good advice to help Ms. 

Larson and suggested she coordinate with the Equestrian Board to find a new place for the 

horses. 

Marshall Cook, 9300 54 th Street, provided information on this item and thanked Council for 

listening. 

M6 

HEAVY METAL CONCERT 

Ed Kosinski, 7615 62 nd Street, stated the recent heavy metal concern was nasty and asked if 

there are some checks and balances to be used to control the acts on stage. 

City Manager Gustafson stated there are guidelines and this type of music will not be allowed 

to come back again. 

Mr. Kosinski stated it is not fair to people that like this type of music because there are 

groups that are not nasty. 

Mayor Mischler stated the bandshell is not the appropriate area to have this type of concert. 

City Manager Gustafson stated this is not the right forum for this type of event. 

M7 

REZONING 




Daniel Kelley, 7140 65 th Street, requested people pay attention to rezoning in the area of 65 th 

Street, south of Park Boulevard. He stated three story townhomes are being proposed and he 

wants the homeowners to pay attention to what is going on and read the signs. 

M8 

HURRICAN SHUTTERS 

Peter White, 7197 120 th Avenue, stated Council needs to start purchasing metal shutters for 

City buildings. 

City Manager Gustafson stated there is plywood to cover those windows which is less 

expensive. 

ADJOURNMENT 


Attest: 

_____________________________________ 



_____________________________________ 


Mayor 

/cgg 






MINUTES 

October 27, 2005 



PRESENT: 

ABSENT: 










Community Activities Administrator, Tim Caddell – Economic Development Specialist, Chuck 

Webber – Fire Administrative Services Director, Mary Ann Salch - 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 – Business and Neighborhood Development Director, Susan Walker - Staff Assistant, 

Kelly Haworth – Administrative Clerk, Pam Martin – City Clerk, Diane M. Corna, and Deputy City 





EMPLOYEE OF THE QUARTER 

William “Bill” Black - Utilities Technician 


William “Bill” Black - Utilities Technician 





Tim Foote – Senior Recreation Assistant 


Francis “Sandy” Sullivan – Deputy Fire Chief 


Gene LaPouttre – Police Sergeant 


Frank Vok, Sr. – Utilities Technician 


Robert W. Cook – Police Officer 

PROMOTION OF FIRE LIEUTENANT 

Fire Chief Lewis introduced newly promoted Fire Lieutenant Mark Humiston. 

PROMOTION OF POLICE LIEUTENANT 

Councilman Taylor introduced recently promoted Police Lieutenant Paul “PJ” 

Andrews. 

II. 


Approval of Regular Council Minutes of October 13, 2005 as on file in the City Clerk’s 

Office. 


APPROVE the Regular Council Minutes of October 13, 2005, as on file in the City Clerk’s 

Office. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


STAFF MEMBERS WERE SWORN IN FOR QUASI-JUDICIAL ITEMS. 




III. 



P1 


DEVELOPMENT CODE), CODE OF ORDINANCES OF THE CITY OF PINELLAS 

PARK, FLORIDA, BY AMENDING ARTICLE 1 “SUBDIVISION”, SECTION 18- 

102 “DEFINITIONS” BY DELETING THE DEFINITION OF “UNITY OF TITLE”; 

AND AMENDING ARTICLE 15 “ZONING”, SECTION 18-1505.10 “DIVISION OF 

ZONING LOTS/UNITY OF TITLE DOCUMENTS”, BY CREATING A NEW 

SUBSECTION 18-1505.10(C) “UNITY OF TITLE”, A DELEGATION OF 

AUTHORITY FROM CITY COUNCIL TO THE COMMUNITY DEVELOPMENT 

ADMINISTRATOR OR HIS DESIGNEE FOR THE RELEASE OF A RECORDED 

UNITY OF TITLE WHEN NO VARIANCES, OTHER THAN AN 

ADMINISTRATIVE VARIANCE OR WAIVERS ARE REQUIRED; PROVIDING 

FOR CERTIFICATION BY THE CITY COUNCIL THAT THIS ORDINANCE IS IN 

CONFORMANCE WITH THE COMPREHENSIVE PLAN; PROVIDING FOR 

REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT 


EFFECTIVE DATE. (LDC 2005-06) 


The proposed amendment represents a delegation of authority from City Council to the 

Community Development Administrator or his designee for the release of recorded Unity of 

Title documents when no variances, other than an administrative variance or waivers are 

required. If a variance or waiver is required, then City Council will retain the authority to 

approve or deny the Release of a Unity of Title. On September 1, 2005, the Planning and 

Zoning Commission recommended approval of the proposed amendment. 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P2 




PARCEL OF LAND GENERALLY LOCATED AT 4590 ULMERTON ROAD AND 

MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" WHICH IS ATTACHED 

HERETO AND MADE A PART THEREOF; AND ADOPTING A MASTER PLAN 

AND SUPPORTING DOCUMENTATION FOR AN "IPUD" INDUSTRIAL 

PLANNED UNIT DEVELOPMENT FOR AN INDUSTRIAL PARK. (PUD 2005-8, 

Haydon Rubin Development and Suncoast Land Enterprise/Rogers K Hayden) 



The site was annexed into the City of Pinellas Park by Ordinance No. 2747 and approved by 

City Council on September 14, 2000. The right-of-way for 133 rd Avenue and 47 th Street was 

vacated by Resolution 01-21 and approved by City Council on June 14, 2001; the purpose of 

which was to aid in the development of this industrial development. A permit was issued by 

the Building Development Division for construction of a 21,100 square foot office building 

and related improvements on the parcel under Permit No. 2004-3965 on November 16, 2004. 

The applicant is now requesting to rezone from “M-1” Light Industrial to “M-1” Light 

Industrial with an “IPUD” Industrial Planned Unit Development overlay and the adoption of 

a Master Plan. A companion case for the vacation of the right-of-way to the south of this 

parcel is currently undergoing review under Case No. V 2005-7. The subject property is 

surrounded by industrial and commercial parcels on all sides. Access to the lots is by way of 

an ingress/egress easement held over the entire property. The Planning and Zoning 

Commission recommended APPROVAL of the “IPUD” Master Plan at its meeting of 

September 1, 2005 subject to following condition; 

1. Egress onto Ulmerton Road shall be restricted to right out egress. 




Roger Hayden stated he is the applicant and provided information on this item. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





CITY CLERK 

P3 

ORDINANCE NO. 3385. AN ORDINANCE AMENDING ORDINANCE NO. 3281, BY 

AMENDING THE CITY’S ADMINISTRATIVE FEE SCHEDULE; BY AMENDING 

THE FOLLOWING SECTIONS: “CITY CLERK’S OFFICE” PAGE 3, 

“ENGINEERING DIVISION” PAGE 4, “FIRE DEPARTMENT” PAGES 4 AND 5 

AND “POLICE DEPARTMENT” PAGE 9. 


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. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





IV. 


PUBLIC WORKS 

C1 

AUTHORIZATION FOR RENEWAL CONTRACT #04/019 CITY BUILDINGS 

PROFESSIONAL JANITORIAL SERVICES RENEWAL #1 – Shamrock Acquisition 

Corporation, St. Petersburg, FL 

This authorizes the Mayor to sign a renewal contract for janitorial services for the cleaning 

of City buildings. The proposed renewal contract has been reviewed by the City Attorneys 

office and no dollar amount changes were made. The amount reflects the same as the 

original contract 04/019 in 2004 for janitorial services and the contractor is required to 

continue recycling efforts in accordance with the specifications marked “Exhibit A”. The 

amount of this agreement remains $181,200 for a period of one year, to be charged to 

account 501-821-5-517-54, with another two- year renewal option. 

Authorization for Mayor to sign Renewal Contract for Janitorial Services to clean City 

buildings with Shamrock Acquisition Corporation in the amount of $15,100 per month, to 

be charged to the appropriate account, for a period of one year: 2005/06, to commence on 

November 1, 2005. 

Randy Heine, 7451 Park Boulevard, asked if anyone has looked into City employees doing 

this work? 

City Manager Gustafson stated if employees were doing the work it would cost around 

$275,000 per year. 

Mayor Mischler stated a lot of these employees are contracted out and don’t receive benefits. 

Cecil Bradbury, 9400 50 th Way, stated City employees were originally doing this work and 

once it was outsourced there was considerable savings 

Mr. Bradbury stated this business is located in and pays taxes to Pinellas Park. 

Councilman Taylor thanked Former Mayor Bradbury for his part in making the decision to 

outsource the work. 

Mayor Mischler stated the contract stipulates the contractor will furnish a minimum of 

fifteen employees including a working supervisor, so it would cost $12,400 per year per 

employee. He stated it amounts to paying $6.00 per hour per employee so it is a cheaper to 

contract out instead of paying in house. 

Marshall Cook, 9300 54 th Street, stated he did not realize this is a Pinellas Park company 

paying taxes to the City. 




Mike Allen, 6221 62 nd Avenue, stated he thinks City employees should help clean up to save 

money because he thinks the cost is excessive. 

FINANCE 

C2 

RESOLUTION NO. 05-44. A RESOLUTION AUTHORIZING A REFUND TO 

RESIDENTIAL RECYCLING CUSTOMERS EFFECTIVE NOVEMBER 1, 2005. 


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 $72,917.00. 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. 

Randy Heine, 7451 Park Boulevard, stated many people don’t know how to recycle cans or 

bottles because they can’t speak or read English and he would like to see $1.00 per household 

used to print instructions in more than one language. 

Mayor Mischler asked what language Mr. Heine would like the instructions printed in? 

Mr. Heine stated the predominant language is starting to be Spanish. 

Mayor Mischler stated the City provides annual recycling information encouraging residents to 

recycle and this suggestion will be taken into consideration. 

Marshall Cook, 9300 54 th Street, stated a good start would be providing the information in 

Spanish. 





C3 RESOLUTION NO. 05-45. IDENTIFYING SOURCES OF LOCAL CITY 

FINANCIAL SUPPORT FOR PROJECT #A5062134176 AS LOCAL 

PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY TAX REFUND 

PROGRAM FOR FISCAL YEAR(S) 2006/07 – 2010/11. 


Project # A5062134176 will be a new Pinellas Park business that manufactures commercial 

steel doors and frames for domestic and export markets. The company plans to relocate to 

the City of Pinellas Park. The project consists of $300,000 in new machinery and equipment. 

Pinellas County has estimated the economic impact of this capital investment to be $60,000. 

Project #A5062134176 projects hiring 10 employees over a three year period. These new 

jobs will provide high-wage, value-added employment to citizens of the Pinellas Park area, 

with the company projecting annual pay scales above 115% of the average annual wage for 

Pinellas County. Pinellas County has estimated the local economic impact of the new jobs to 

be $622,000. Project # A5062134176 is requesting the City Council provide the local 10% 

match necessary to facilitate the State approval process. The total tax refund requested is 

$30,000, of which $6,000 (20% local match) is being requested locally – 50% from Pinellas 

County ($3,000) and 50% from the City ($3,000). 

Randy Heine, 7451 Park Boulevard, asked how much Pinellas Park is paying toward this ? 

Mayor Mischler stated Pinellas Park is paying $3,000. 

Mr. Heine asked what the City is getting? 

Mayor Mischler stated the estimated local impact to the area is $622,000 and the project 

consists of $300,000 of new machinery and equipment and Pinellas County is estimating the 

economic impact of this investment to $60,000 as well the estimated local impact of new 

jobs to be $622,000. 

Mayor Mischler stated people will spend money shopping and buying gas and other items in 


Mayor Mischler stated Pinellas Park avidly promotes bringing industry into the City because 

industry helps make residential property costs cheaper. 

Mr. Heine asked if the $3,000 wasn’t given would they still move here? 

Mayor Mischler stated he is willing to pay the $3,000 to get the economic impact into the 

community. 

City Manager Gustafson stated this is a state program. 




C4 ORDINANCE NO. 3352. ADOPTING AN AMENDED MASTER PLAN 

CONTROLLING DEVELOPMENT OF A “CPUD” COMMERCIAL PLANNED 

UNIT DEVELOPMENT AND A CONDITIONAL USE SITE PLAN FOR A 

FINANCIAL INSTITUTION/DRIVE THRU ON PROPERTY GENERALLY 

LOCATED ON THE SOUTHWEST CORNER OF 66 TH STREET AND 78 TH 

AVENUE. (PUD 2003-5(R-3)/CU 2005-18, BELLAIRE DEVELOPMENT.) 


(PUBLIC HEARING NOVEMBER 10, 2005 – QUASI JUDICIAL) 

The applicant is requesting an amendment to the existing approved Master Plan for PUD 

2003-5(R-3), the Luby’s “PUD”, to allow the construction of a bank with drive-thru 

facilities, (a Conditional Use, CU 2005-18) in combination with retail uses. The revised 

Master Plan increases the number of lots from 5 to 6, converting the former Luby’s building 

into a drive-thru bank with retail. The Planning and Zoning Commission recommended 

approval of the amendment and Conditional Use site plan at its meeting of June 2, 2005. 

C5 


CODE), ARTICLE 15 "ZONING” OF THE CODE OF ORDINANCES OF THE CITY 

OF PINELLAS PARK, FLORIDA, BY RENUMBERING SECTIONS 1504.5 

THROUGH 1504.8 AND CREATING A NEW SECTION 1504.5 DEVELOPMENT 

AGREEMENTS, PROVIDING FOR THE ABILITY OF THE CITY OF PINELLAS 

PARK TO ENTER INTO DEVELOPMENT AGREEMENTS CONSISTENT WITH 

CHAPTER 163.3220, FLORIDA STATUTES (THE LOCAL GOVERNMENT 

DEVELOPMENT AGREEMENT ACT), PROVIDING FOR REPEAL OF 



(LDC 2005-9) 


(PUBLIC HEARING, NOVEMBER 10, 2005) 

The proposed amendment will provide the ability to the City to enter into Development 

Agreements pursuant to Chapter 163.3220 Florida Statutes. The Development Agreement is 

a versatile legal tool used to specify and guarantee consistency with Comprehensive Plan, 

Land Development Code or Redevelopment Plan requirements in order to provide certainty 

and assurances to both the developer and local government. Staff believes that this tool will 

become necessary when addressing redevelopment in the Community Redevelopment 

District (CRD) if density bonuses or transfer of development rights are employed or shared 

parking or stormwater retention is proposed or variances are needed to make projects viable. 

On October 6, 2005, the Planning and Zoning Commission recommended approval of the 

proposed amendment. 




C6 


DEVELOPMENT CODE), ARTICLE 15 "ZONING” OF THE CODE OF 

ORDINANCES OF THE CITY OF PINELLAS PARK, FLORIDA, BY MODIFYING 

THE DEFINITION OF “FLOOR AREA RATIO” TO EXEMPT PARKING 

GARAGES FROM THE CALCULATION OF FLOOR AREA RATIO AND THE 

DEFINITION OF “GROSS FLOOR AREA,” MAKING THE DEFINITION 

CONSISTENT WITH THE PINELLAS COUNTY COUNTYWIDE RULES; 



FOR AN EFFECTIVE DATE. (LDC 2005-10) 


(PUBLIC HEARING, NOVEMBER 10, 2005) 

The proposed amendment will make the City’s definitions of “Floor Area Ratio” (FAR) 

and “Gross Floor Area” consistent with the definitions in the Countywide Rules. 

Currently, the City’s definition of FAR would make it nearly impossible to develop parking 

garages because the FAR of the garage must be added to the FAR of the building; typically 

a lot will not yield the square footage necessary to develop both. The definition of “Gross 

Floor Area” penalizes developers of large warehouses and/or manufacturing buildings by 

requiring parking to be provided for floor space that doesn’t exist. Current Code considers 

each 10 feet of building height to be a separate floor. On October 6, 2005, the Planning 

and Zoning Commission recommended approval of the proposed amendment. 

C7 



NORTH (FALCONER, CAROLYN E. AX06-04) 




C8 


CERTAIN PARCEL OF LAND LOCATED AT 6153 108 TH AVENUE NORTH 

(DOLORES M. WEBB - AX 06-07) 



mobile home, with improvements, is located on the site. 




C9 


PARK, FLORIDA, A CERTAIN PARCEL OF LAND GENERALLY LOCATED ON 

63 RD STREET NORTH, LYING BETWEEN 60 TH AVENUE NORTH AND 62 ND 

AVENUE NORTH, LYING WITHIN SECTION 32, TOWNSHIP 30 SOUTH, 

RANGE 16 EAST, PINELLAS COUNTY, FLORIDA (HANSON, PAUL R. AND 

ANN S. DAX06-03) 


This de-annexation by ordinance of the parcel of land generally located on 63 rd Street North, 

lying between 60 th Avenue North and 62 nd Avenue North, is essential to give the property 

owner the ability to file a Unity of Title combining his property for tax purposes. Currently 

the Owner’s property is in two different jurisdictions, the City of Pinellas Park and the 

unincorporated area of Pinellas County. As a result of this, he also cannot include this parcel 

in his Homestead property; therefore costing him considerably more in ad valorem property 

taxes. 

Councilman Taylor stated this de-annexation will allow the owner of the property the ability 

to take full advantage of the homesteading of this property. 

Mayor Mischler stated one of the lots is in the City and one in the County so the property 

owner is paying double taxation. 

Cecil Bradbury, 9400 50 th Way, asked if a small parcel of land attached to this property 

would be coming back to be redone also? 

City Manager Gustafson explained that parcel is a part of the street and will stay in the City 

so it will not be coming forward. 





appropriate, Items C1 thru C9 inclusive, with Items C4 thru C6 and C8 and C9, being First 

Reading Prior to Public Hearing and Items C2, C3 and C7 being First and Final Reading, and 

SECONDED by Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 







R1 


CAROLYN E. FALCONER (AX06-04) — Annexation of 0.14 acres MOL located at 




Carolyn E. Falconer 






to APPROVE the voluntary annexation of 0.14 acres MOL of property owned by Carolyn E. 

Falconer and located at 6069 107 th Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





R2 


DOLORES M. WEBB (AX06-07) — Annexation of 0.14 acres MOL located at 6153 



mobile home with improvements is located on this site. 

Dolores M. Webb 






to APPROVE the voluntary annexation of 0.14 acres MOL of residential property owned by 

Dolores M. Webb and located at 6153 108 th Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





R3 

CONSIDERATION OF A REQUEST FOR A VARIANCE TO THE LOT 

REQUIREMENTS FOR THE CREATION OF A FLAG LOT IN THE “R-4” 

DUPLEX RESIDENTIAL ZONING DISTRICT FOR A CERTAIN PARCEL OF 

LAND LOCATED NORTH OF 6501 64 TH AVENUE. (MS 2005-43 – ISRA 

Homes/Ariel Bergman) 


The owner of the property requests the approval of a flag lot to the north of the property 

generally located at 6501 64 th Avenue. The property is zoned “R-4” Duplex Residential 

District. The proposed owner wishes to develop the flag lot with a multi-family dwelling. 

The parcel meets the requirements outlined in the Subdivision Section of the Land 

Development Code. The parcel fronts on a thirty-foot-wide ingress/egress easement, which is 

viewed as a private street, not a true City right-of-way. Surrounding land uses are; to the 

north, south, and east by single family dwellings; to the west, Gold’s Gym parking lot. 

ALL PARITES WERE SWORN IN PRIOR TO THEIR TESTIMONY 


to TABLE this item at the request of the applicant this consideration of a request for the lot 

requirements until the November 22, 2005, Regular Council Meeting. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





R4 

CONSIDERATION OF A REQUEST FOR A WAIVER PROVIDED THROUGH 

SECTION 18-1512.10 OF THE LANDSCAPING REGULATIONS, SPECIFICALLY 

THE REQUIREMENT FOR A VEHICULAR USE AREA BUFFER OF FIVE FEET 

BETWEEN VEHICULAR USE AREAS AND ABUTTING PROPERTIES, SECTION 

18-1512.6 (C) 2. (a) ON A CERTAIN PARCEL OF LAND LOCATED AT 6630 34 TH 

STREET. (MS 2005-44 – Marco 66/ Robert Greg) 


The applicant is developing the property with a small modular office building and related 

paved parking areas. There is some existing asphalt paving currently on site which will be 

utilized along with new asphalt. The lot is extremely narrow; fifty feet wide. In order to 

install the properly sized drive lanes and parking spots, there appears to be no recourse but to 

narrow the landscape buffers. The parcel to the north is vacant and is owned by Florida 

Power. It contains a high voltage utility line tower and is utilized as an overflow parking lot 

for the Olive Garden. The parcel to the south is developed with retail buildings and the buffer 

will be adjacent to the side of the existing building. 



to APPROVE a request for a waiver consistent with the criteria of Section 18-1512.10(B) of 

the Land Development Code to Section 18-1512(C)2(a), which requires a buffer whenever a 

vehicular use area is not entirely screened from an abutting property, subject to the following 

condition; 

1) A buffer of 3.5 feet in width along the north property line and 4.5 feet in 

width along the southern property line, containing the vegetation required by 

Code shall be installed prior to the issuance of a certificate of occupancy. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





R5 


CONDITIONAL USE APPLICATION TO REQUEST AN EDUCATIONAL 

INSTITUTION AND CHILD CARE, TYPE II, IN THE “P” PUBLIC DISTRICT. (MS 

2005-45) CROSSPOINTE BAPTIST CHURCH) 

The applicant, Crosspointe Baptist Church, is requesting a waiver to: Section 18-1505.13 

“Fees and Charges” for a Conditional Use request to allow an “Educational Institution” and 

“Child Care (Type II)” in the “P” Public Zoning District. City Council may waive fees for 

applications which are determined to provide good cause and public benefit. The applicant is 

looking to use a portion of their facility as an “Educational Institute” grades K-12 and “Child 

Care (Type II)” facility. The fee for processing these requests is $440. 


APPROVE a request for a waiver to Section 18-1505.13 which requires a fee for the 

processing of a Conditional Use application and miscellaneous application for Crosspointe 

Baptist Church. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 


Councilman Taylor stated this is a waiver of $440.00 for the Crosspointe Educational 

Institute. 

Councilwoman Bradbury stated there have been other churches requesting waivers but 

churches are exempt from paying taxes and she feels paying this $440.00 is a minimum they 

could pay to give back to the community. 

Randy Heine, 7451 Park Boulevard, asked why the applicant can’t pay the $440.00? 

Mr. Heine stated they don’t pay taxes anyway so he would think they would be more than 

happy to pay this fee as a token of supporting the community. 

Mayor Mischler stated this request is for the educational institute for children. 

Councilman Butler suggested Mr. Heine call the church and ask these questions. 




R6 

CONSIDERATION OF AN APPROVAL OF A FINAL PLAT, CREATING 

SUBSTANDARD “R-1” SINGLE-FAMILY RESIDENTIAL LOTS FOR A PARCEL 

OF LAND GENERALLY LOCATED AT 5545 62 ND AVENUE. (PL 2005-2(F) – 

Lighthouse Baptist Church of Pinellas/Broderick and Associates) 


The applicant is platting 0.588 acres into three 6,569 square foot substandard “R-1” Single- 

Family Residential lots for residential development. City Council has previously approved 

the Preliminary Plat, Case No. 2005-2(P), on May 26, 2005. The Lighthouse Baptist Church 

is located on the southern portion of this site. 



to APPROVE the Final Plat for Lighthouse Baptist Church of Pinellas, generally located at 

5545 62 nd Avenue, based on the Findings of Compliance with the factors identified in 

Section 18-103.6(C) and Section 18-1506.5(I) of the Land Development Code. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


Randy Heine, 7451 Park Boulevard, asked how many lots there would be if they didn’t ask 

for a variance. 

Zoning Director Neal stated if they didn’t ask for a variance they could get two lots out of the 

area they have chosen to subdivide. However, the property will oppose lots across the street 

of a like size. He stated it makes sense if there are 60 foot lots on one side of the street to 

allow 60 foot lots on the other side of the street. 

Mr. Heine asked if this is determined by the area? 

Director Neal stated in order to rezone to R1 Substandard you have to be completely 

surrounded by existing R1 lots and provided information on the surrounding properties. 




Mayor Mischler stated this will be compatible to the surrounding area. 

Mike Allen, 6221 62 nd Avenue, asked questions pertaining to the map displayed and 

requested a better plat map be displayed. 

Councilman Taylor stated the map is fine and he can see it very well. 

Mayor Mischler stated Council is a very conservative government and they try to keep the 

cost down due to citizen concerns with spending. 

MISCELLANEOUS 

M1 

COMMERCIAL VEHICLES 

Arthur Bythrow, 5351 96 th Terrace, requested a moratorium be allowed to park a small 

commercial vehicle on his property because the City codes prohibit commercial vehicles 

completely. Mr. Bythrow stated his vehicle is a Ford F350 pick-up truck with a utility body 

and he was cited by the City. He stated the vehicle has been parked there for two years. 

Discussion was held on the description of a commercial vehicles. 

Theresa Watson, 9140 55 th Street, stated the same situation occurred with her F150 utility 

vehicle and she has a registered home occupation in Pinellas Park that allows for two 

vehicles. 

Direction of Council was for City Manager Gustafson to meet with both citizens to review 

commercial vehicle restrictions pertaining to their vehicles. 

M2 

STEROIDS 

Randy Heine, 7451 Park Boulevard, stated he read an article about cops on steroids and this 

seems to be a big problem and asked what the City policy is for steroid use. 

Discussion was held on the City’s drug and alcohol policy. 

M3 

GOVERNING OFFICIALS 

Mike Allen, 6221 62 nd Avenue, provided information on North and South Korea and 

Councilmembers position. 

Mr. Allen requested the invocation include citizens and when citizens speak he would like 

them to be listened to. 




M3 

THANK YOU 

Marshall Cook, 9300 54 th Street, thanked City Manager Gustafson and staff for revising the 

improvements to City Hall because it makes a big difference to handicap people. 

M4 

NEIGHBORHOOD CONFERENCE 

Eddy Kosinski, 7615 62 nd Street, stated he attended the Neighborhood Conference and 

requested the registration applications for Pinellas Park neighborhood leaders are sent 

together by City staff. 

Direction of Council was for City Manager Gustafson to look into this request. 

M5 

HONKING 

Marshall Cook, 9300 54 th Street, stated if people drive passed him and honk their horn and 

he doesn’t recognize them don’t be offended he is legally blind. 

ADJOURNMENT 


Attest: 

_____________________________________ 



/cgg 

_____________________________________ 


Mayor 






MINUTES 

November 10, 2005 



PRESENT: 

ABSENT: 






None 





Community Activities Administrator, Tim Caddell – Community Planning Director, Bob Bray - 

Zoning Director, Dean Neal – MIS Administrator, Randy Linthicum - Public Works Administrator, 

Tom Nicholls – Police Chief, Dorene Thomas – Police Captain, John Green - Fire Chief, Doug 

Lewis – Office of Management and Budget Administrator, Dan Katsiyiannis - Administrative Clerk, 

Pam Martin – City Clerk, Diane M. Corna and Deputy City Clerk, Christine Gardner. 

INVOCATION was given by Councilman Butler. 



PROCLAMATION 

United States Marine Core – 230 Birthday 



NOVEMBER 10, 2005

SPECIAL PRESENTATION — “Do the Right Thing” 

Presented by Chief Thomas and Officer Saxer to the following students: 

Stephanie Eleyet Pinellas Park High School 

Cassie McDonald Rawlings Elementary 

Chelsea O’Neill Oak Park School 

Rebecca Thomas Cross Bayou Elementary 

Ronnie Thomas Rawlings Elementary 

II. 


Approval of Regular Council Minutes of October 27, 2005 as on file in the City Clerk’s 

Office. 


to APPROVE the Regular Council Minutes of October 27, 2005, as on file in the City 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


STAFF MEMBERS WERE SWORN IN FOR QUASI-JUDICIAL ITEMS 




III. 



P1 ORDINANCE NO. 3352. ADOPTING AN AMENDED MASTER PLAN 

CONTROLLING DEVELOPMENT OF A “CPUD” COMMERCIAL PLANNED 

UNIT DEVELOPMENT AND A CONDITIONAL USE SITE PLAN FOR A 

FINANCIAL INSTITUTION/DRIVE THRU ON PROPERTY GENERALLY 

LOCATED ON THE SOUTHWEST CORNER OF 66 TH STREET AND 78 TH 

AVENUE. (PUD 2003-5(R-3)/CU 2005-18, BELLAIRE DEVELOPMENT.) 



The applicant is requesting an amendment to the existing approved Master Plan for PUD 

2003-5(R-3), the Luby’s “PUD”, to allow the construction of a bank with drive-thru 

facilities, (a Conditional Use, CU 2005-18) in combination with retail uses. The revised 

Master Plan increases the number of lots from 5 to 6, converting the former Luby’s building 

into a drive-thru bank with retail. The Planning and Zoning Commission recommended 

approval of the amendment and Conditional Use site plan at its meeting of June 2, 2005. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P2 


CODE), ARTICLE 15 "ZONING” OF THE CODE OF ORDINANCES OF THE CITY 

OF PINELLAS PARK, FLORIDA, BY RENUMBERING SECTIONS 1504.5 

THROUGH 1504.8 AND CREATING A NEW SECTION 1504.5 DEVELOPMENT 

AGREEMENTS, PROVIDING FOR THE ABILITY OF THE CITY OF PINELLAS 

PARK TO ENTER INTO DEVELOPMENT AGREEMENTS CONSISTENT WITH 

CHAPTER 163.3220, FLORIDA STATUTES (THE LOCAL GOVERNMENT 

DEVELOPMENT AGREEMENT ACT), PROVIDING FOR REPEAL OF 



(LDC 2005-9) 


The proposed amendment will provide the ability to the City to enter into Development 

Agreements pursuant to Chapter 163.3220 Florida Statutes. The Development Agreement is 

a versatile legal tool used to specify and guarantee consistency with Comprehensive Plan, 

Land Development Code or Redevelopment Plan requirements in order to provide certainty 

and assurances to both the developer and local government. Staff believes that this tool will 

become necessary when addressing redevelopment in the Community Redevelopment 

District (CRD) if density bonuses or transfer of development rights are employed or shared 

parking or stormwater retention is proposed or variances are needed to make projects viable. 

On October 6, 2005, the Planning and Zoning Commission recommended approval of the 

proposed amendment. 



Daniel Kelley, 7140 65 th Street, asked if this allows a developer to build anything they want? 

Zoning Director Neal stated approving a development agreement requires two public 

hearings. 

Mr. Kelley encouraged homeowners to look at green lots and signs for new development or 

redevelopment. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P3 


DEVELOPMENT CODE), ARTICLE 15 "ZONING” OF THE CODE OF 

ORDINANCES OF THE CITY OF PINELLAS PARK, FLORIDA, BY MODIFYING 

THE DEFINITION OF “FLOOR AREA RATIO” TO EXEMPT PARKING 

GARAGES FROM THE CALCULATION OF FLOOR AREA RATIO AND THE 

DEFINITION OF “GROSS FLOOR AREA,” MAKING THE DEFINITION 

CONSISTENT WITH THE PINELLAS COUNTY COUNTYWIDE RULES; 



FOR AN EFFECTIVE DATE. (LDC 2005-10) 


The proposed amendment will make the City’s definitions of “Floor Area Ratio” (FAR) and 

“Gross Floor Area” consistent with the definitions in the Countywide Rules. Currently, the 

City’s definition of FAR would make it nearly impossible to develop parking garages 

because the FAR of the garage must be added to the FAR of the building; typically a lot will 

not yield the square footage necessary to develop both. The definition of “Gross Floor Area” 

penalizes developers of large warehouses and/or manufacturing buildings by requiring 

parking to be provided for floor space that doesn’t exist. Current Code considers each 10 

feet of building height to be a separate floor. On October 6, 2005, the Planning and Zoning 

Commission recommended approval of the proposed amendment. 



Daniel Kelley, 7140 65 th Street, asked if parking garages will be in Pinellas Park? 

Zoning Director Neal stated there is always a possibility of parking garages anywhere there is 

a scarcity of land devoted to parking. 

Mr. Kelley stated he is against all the growth and building too much everywhere there is 

grass. He stated there are too many people here now and he does not think a parking garage 

goes with Pinellas Park. 

Marshall Cook, 9300 54 th Street, stated the closest Pinellas Park came to getting a parking 

garage was at the original WalMart property. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P4 



NORTH (FALCONER, CAROLYN E. AX06-04) 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P5 


CERTAIN PARCEL OF LAND LOCATED AT 6153 108 TH AVENUE NORTH 

(DOLORES M. WEBB - AX 06-07) 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





P6 


PARK, FLORIDA, A CERTAIN PARCEL OF LAND GENERALLY LOCATED ON 

63 RD STREET NORTH, LYING BETWEEN 60 TH AVENUE NORTH AND 62 ND 

AVENUE NORTH, LYING WITHIN SECTION 32, TOWNSHIP 30 SOUTH, 

RANGE 16 EAST, PINELLAS COUNTY, FLORIDA (HANSON, PAUL R. AND 

ANN S. DAX06-03) 


This de-annexation by ordinance of the parcel of land generally located on 63 rd Street North, 

lying between 60 th Avenue North and 62 nd Avenue North, is essential to give the property 

owner the ability to file a Unity of Title combining his property for tax purposes. Currently 

the Owner’s property is in two different jurisdictions, the City of Pinellas Park and the 

unincorporated area of Pinellas County. As a result of this, he also cannot include this parcel 

in his Homestead property; therefore costing him considerably more in ad valorem property 

taxes. 



Randy Heine, 7451 Park Boulevard, asked if other properties have been de-annexed? 

City Manager Gustafson stated he believes there was one property. 

Randy Heine, 7451 Park Boulevard, asked if somebody can de-annex if they don’t like to be 

in Pinellas Park? 

Discussion was held on de-annexation. 

Councilwoman Bradbury stated properties must be next to a county line to de-annex, 

otherwise it creates enclaves. 

Mr. Heine stated he noticed many enclaves in Pinellas Park and asked if those properties 

could be forced to annex? 

Councilwoman Bradbury stated Pinellas Park annexation is strictly voluntary. 

Mayor Mischler stated de-annexation is subject to approval of the municipal governing body. 

Marshall Cook, 9300 54 th Street, provided information on a property he thought was deannexed. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


IV. 



C1 


CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 6107 104TH AVENUE 

NORTH (Ronald A. and Veronica J. Lee - AX06-06) 


This is a voluntary annexation of 0.33 acres MOL of residential property. The Owners’ 


C2 



NORTH (Diane C. and Elizabeth A. Roper AX-06-08) 



mobile home is located on the site. 




C3 

ORDINANCE NO. 3394. ANNEXING INTO THE CITY OF PINELLAS PARK CERTAIN 

PARCELS OF LAND GENERALLY LOCATED AT 12255 62 ND STREET NORTH - 

(RICHEY INDUSTRIALS - AX06-10) 


This is a voluntary annexation of 5.03 acres MOL of commercial property. An 

industrial park is located on the site. 

C4 



NORTH (PHOENIX AND BASHAM – AX06-11) 





appropriate, Items C1 thru C4 inclusive, with Items C1 thru C4 being First Reading Prior to 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






POLICE 


REDUCTION/ELIMINATION — For Eric J. Miret and the property located at 12191 


Eric J. Miret, owner of the property located at 12191 77 th Street, Largo, FL, had his request 

heard on October 13, 2005, requesting a reduction/elimination of the lien on his property. 

City Council agreed to a reduction of the lien to $4,000, and recommended this case be 

reheard by the Special Hearing Master. The current outstanding lien is $8,775. After careful 

review of the case, the Special Hearing Master recommends a reduction of the lien to $1,500 

due by November 30, 2005. If the lien amount is not paid by the date specified it will revert 

back to the original total lien amount of $8,775. 


to APPROVE the Special Hearing Master Lien reduction/elimination request against Eric J. 

Miret and the property located at 12191 77 th Street, Largo, FL, be reduced from $8,775 to 

$1,500. If the lien amount is not paid by November 30, 2005, it will revert back to the 

original total lien amount of $8,775. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Peter White, 7197 120 th Avenue, asked how Council came up with $1,500? 

Mayor Mischler provided information pertaining to the decision made by the Special Hearing 

Master. 




R2 

APPOINTMENT TO CODE ENFORCEMENT BOARD — One Member 

There is a vacancy on the Code Enforcement Board to fill the unexpired term of Mrs. Sheila 

Bender. Mrs. Bender’s term will expire December 2005. The Board interviewed Mr. Edson 

Eugene Webb PhD on September 15, 2005, and recommended Mr. Webb to fill the position. 

The Board then interviewed Mr. Randy Heine on October 20, 2005, and recommended Mr. 

Heine to fill the position. 


to APPROVE the appointment to the Code Enforcement Board of Randy Heine with term to 

expire December 2006. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

MOTION DENIED 

Mayor Mischler stated he is not in favor of this motion and it has nothing to do with Mr. 

Heine being his opponent in the Mayor’s race. He stated he feels Mr. Heine would be biased 

if he was on the Code Enforcement Board. 

Mayor Mischler read into the record an e-mail of October 2, 2005, from Mr. Heine to 

Councilmembers with comments referring to a Community Compliance Specialist. 

Marshall Cook, 9300 54 th Street, provided information on Mr. Heine, the Code Enforcement 

Board and City Staff. 

Code Enforcement Board Chairman, David Kuperman, 5856 97 th Circle, stated Mr. Webb is 

extremely qualified and was unanimously recommended to City Council. He stated a clerical 

error resulted in Mr. Heine not being interviewed therefore the appointment was reheard by 

the board. 

Mr. Kuperman stated he does not see Mr. Heine as the kind of person who is not going to be 

prejudice or not going to harass people in the City. 




Mr. Kuperman stated he would like this selection to go back to the Code Enforcement Board 

and the two of them re-interviewed and one recommendation will be made to Council. 

City Manager Gustafson read the motion made by the Code Enforcement Board to make Mr. 

Heine’s appointment. 

Councilwoman Bradbury stated Council tries to go with the recommendation of the boards. 

Vice-Mayor Bailey-Snook stated she understood Council was going to send this item back to 

the Code Enforcement Board to make one selection. 

Mayor Mischler stated boards are advisory to Council but Council’s decisions are not 

compulsory to that recommendation. 

Daniel Kelley, 7140 65 th Street, stated he believes Mr. Heine would be a liability and not an 

asset to Pinellas Park. 

Gene LaPouttre, resident, stated Mr. Heine seems to be Anti –City Government and Anti- 

City Employee and that kind of person would not be of value to the Code Board or any other 

board. 

Mr. LaPouttre stated he hopes that Council votes no to this motion. 

Randy Heine, 7451 Park Boulevard, stated if a person exercises their right to freedom of 

speech it is held against them and he holds different opinions than others. 

Mr. Heine stated he believes the e-mail Mayor Mischler read may have been altered. 

Mayor Mischler stated he has e-mails where Mr. Heine is derogatory to the Police 

Department and individuals in the Police Department in the last year and the Police 

Department is Code Enforcement. 

Dr. Eugene Webb, 5884 100 th Avenue, stated he has lived in Pinellas Park but due to his 

position with the City of St. Petersburg he was not able to be of service in the City. Dr. Webb 

stated he has retired from that position so he can get involved in the community and he is 

excited to get involved with Code Enforcement. 

Dr. Webb stated he is appreciative of the courteous, kind and helpful behavior exhibited by 

staff. 

Mayor Mischler asked Dr. Webb for the record is they had ever met? 

Dr. Webb stated no they have not. 




Councilman Butler thanked Dr. Webb for his application and apologized for Dr. Webb being 

stuck in the middle of this decision. 

Dr. Webb stated this is part of public service. 

Councilman Taylor stated he made the motion to get the ball rolling. 

Mr. Kuperman stated the secretary was asked to call Code Enforcement Board members to 

ensure their presence at the November 17, 2005 board meeting. 


to REQUEST the Code Enforcement Board re-interview the applicants and make a decision 

for a person to fill the term to expire December 2006. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Councilwoman Bradbury stated Council goes with the recommendation of City boards but in 

this case she is happy to send it back. 





R3 

REAPPOINTMENT TO THE EQUESTRIAN BOARD — Rosa Freed and Denise 

Kurmay 

The terms of Rosa Freed and Denise Kurmay will expire December 31, 2005. They have 

expressed an interest in continuing to serve on the Equestrian Board for three-year terms. 

Ms. Freed has been a member for almost 3 years and Ms. Kurmay for over 1 year. Both 

members were appointed to fill vacant positions prior to the expiration date of the term. Ms. 

Freed and Ms. Kurmay have good attendance records and the Board recommends their 



to APPROVE reappointment of Rosa Freed and Denise Kurmay to serve as members of the 

Equestrian Board for three-year terms to expire December 31, 2008. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 






R4 


HIGH, SOLID FENCE TO SHIELD AN OUTDOOR STORAGE AREA FROM 

RIGHT-OF-WAYS, A SUBSTITUTE FOR A SOLID WALL AS REQUIRED BY 

CODE, FOR A CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 10566 

66 TH STREET. (MS 2005-47 Kevin Piquet) 


This site is proposed to be utilized by the applicant as an industrial complex in the future. 

The applicant is currently applying for a building permit to construct a 12,000 square foot 

metal building and related paved parking areas. While the permits are being reviewed and 

contracts negotiated, the applicant would like to generate income from the property by 

installing an outdoor storage facility. The facility would be used to store Recreational 

Vehicles, Boats, Trucks, and Automobiles. The applicant also has a collection of antique fire 

trucks that he will store in this yard. Once the building is constructed, it will function as the 

shielding for the outdoor storage. The area that will remain visible from the right-of-way will 

be shielded by a solid fence and solid gate. The timing of the construction of the building 

should have it erected prior to this City Council Meeting. The outdoor storage use will also 

be temporary in nature, although a date to abolish the use has not been set, the applicant has 

two additional phases of development planned that will eliminate any land for a storage use. 

Site inspection reveals that the subject property is located in a commercial neighborhood. To 

the north, south, and west are industrial zoned properties. Two other storage uses are located 

to the north of the parcel. To the east, commercial uses. The parcel fronts on 66 th Street, a 

Major Collector. In determining whether or not to grant a request to allow a six-feet-high, 

solid, wood fence, City Council shall consider the following criteria: use of abutting 

properties, right-of-way classifications, extent of existing solid fencing within the 

surrounding area, fence or alternative shielding device materials proposed, length of 

proposed fence/wall, and type of materials being stored. 





to TABLE a request for a waiver to the requirement for a six-feet-high, masonry wall to 

shield outdoor storage areas visible from 66 th Street, replacing said wall with a six-feet-high, 

solid, wood fence until the December 15, 2005, Regular Council Meeting. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R5 

AUTHORIZATION FOR THE MAYOR TO SIGN A CONTRACT FOR PURCHASE OF 

REAL PROPERTY FROM THE ADELE GRECO REVOCABLE TRUST – Property 

located at 3765 62 nd Avenue North. 

The property is located at 3765 62 nd Avenue North and abuts the south boundary of Youth Park. 

The owner has agreed to sell the property to the City for $2,650,000 and has further agreed to 

hold a purchase money first mortgage in the amount of $1,950,000 after a down payment of 

$700,000. The mortgage will bear interest at 5% per annum and be fully amortized over 10 

years. Payments of principal and interest will be made semi-annually on March 31 st and 

September 30 th . 


DENY authorization for Mayor to sign a Contract for Purchase of Real Property located at 3765 

62 nd Avenue North from The Adele Greco Revocable Trust in the amount of $2,650,000 plus 

closing costs to be charged to account # 301-781-5726-69, subject to the closing documents 

being acceptable to the City Attorney. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Councilman Butler stated this is a disappointment but the appraisal of the property came 

back too low. 

Mayor Mischler stated the appraisal came back $650,000 too low and the property owner is 

not willing to reduce their price. 

Councilman Taylor stated this parcel is eight acre parcel making it a large green space. 

Peter White, 7197 120 th Avenue, stated the economy is in trouble and this is not the time to 

go after big capital expenditures. 

City Manager Gustafson stated this property would be paid from the parkland dedication fees 

generated from the single family homes that are being built. 




Randy Heine, 7451 Park Boulevard, stated he agrees this property was overpriced and asked 

how much the City paid for the appraisal of this land? 

City Manager Gustafson stated he believes it was $1,500. 

Marshall Cook, 9300 54 th Street, stated he requested to speak on this item but he will speak 

at the end of the meeting. 

R6 


RONALD A. AND VERONICA J. LEE (AX06-06) — Annexation of 0.21 acres MOL 

located at 6107 104 th Avenue North 


Owners’ mobile home, with improvements, is located on this site. 

Ronald A. and Veronica J. Lee City Projected City Funds City Fees 





to APPROVE authorization for Mayor to sign an Annexation Agreement with Ronald A. 

and Veronica J. Lee for annexation of 0.21 acres MOL located at 6107 104 th Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R7 


DIANE C. AND ELIZABETH A. ROPER (AX06-08) — Annexation of 0.14 acres 




Diane C. and Elizabeth A. Roper City Projected City Funds City Fees 





to APPROVE the voluntary annexation of 0.14 acres MOL of property owned by Diane C. 

and Elizabeth A. Roper and located at 6078 109th Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R8 


AGREEMENT WITH RICHEY INDUSTRIALS, INC. (AX06-10) — Annexation of 

4.24 acres MOL located at 12255 62 nd Street North 


Numerous small to medium businesses are located on this site. 

Richey Industrials, Inc. 

12255 62 nd Street North 


Annual 

Revenue 


Expended 


Waived 

1-Year Projected Total $14,630.88 *$10,164.00 $0.00 


♦ Refund 55% of a previously paid sanitary sewer lien. 

* It will take less than 7 months to recover the City funds expended. 



Richey Industrials, Inc. for annexation of 4.24 acres MOL of contiguous commercial property 

located at 12255 62 nd Street North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





R9 


RANDY PHOENIX AND KENNETH BASHAM (AX06-11) — Annexation of 0.14 

acres MOL located at 6064 109 TH Avenue North 


Owners’ mobile home, with improvements, is located on this site. 

Randy Phoenix 

Kenneth Basham 







Waived 


to APPROVE the voluntary annexation of 0.14 acres MOL of contiguous residential 

property owned by Randy Phoenix and Kenneth Basham and located at 6064 109 th Avenue 

North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 





ADD ON ITEM 

CITY COUNCIL 

R10 

ORDINANCE NO._3396. AMENDING CHAPTER 7 “TAXATION” OF THE CODE 

OF ORDINANCES OF THE CITY OF PINELLAS PARK, FLORIDA BY 

CREATING ARTICLE I “TAXATION” AND INCORPORATING EXISTING 

CHAPTER 7 “TAXATION” INTO ARTICLE I BY CREATING A NEW ARTICLE 

II “ADDITIONAL HOMESTEAD EXEMPTION”. 

FIRST READING PRIOR TO PUBLIC HEARING. 

In accordance with the provisions of Section 196.075, the Mayor and City Council have 

elected to provide an additional homestead exemption to their senior citizens. At their 

November 8, 2005, City Council Workshop, City Council indicated their desire to provide 

an additional $25,000 Homestead Exemption to qualified senior citizens and this Ordinance 

incorporates that provision in the City’s Code of Ordinances. 

City Attorney Denhardt read Ordinance No. 3396 by title only. 




Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Councilman Butler stated this will help senior citizens and Council will do the best they can 

for retirees to keep taxes and costs low. 

Marshall Cook, 9300 54 th Street, thanked City Council for this great move. 

Mayor Mischler clarified this is the first reading prior to public hearing. 




MISCELLANEOUS 

M1 

NEWBORN BABIES 

Councilman Taylor stated there was another disturbing story of a mother throwing a baby 

away. 

Councilman Taylor stated within 72 hours of giving birth anyone can take a child to a Fire 

Station and provide nothing but a name for the child and give children the opportunity at life. 

Joe Shelley, 6035 86 th Avenue, suggested providing information in the water bills continuing 

to remind people where they can go. 

Councilwoman Bradbury stated the group who started this program also provides pamphlets 

at schools and she is sure this information could be included in water bills. 

M2 

KING FISH SEASON 

Councilman Taylor stated Kingfish Season is starting and the King of the Beach Tournament 

will be held over the weekend. 

M3 

VETERANS DAY 

Mayor Mischler stated Veterans Day is November 11, 2005, and requested everyone take the 

time to thank someone serving in the military. 

Joe Shelley, 6035 86 th Avenue, stated the reason everyone is here today is because of what a 

lot of Veterans have done for us in the past. 

Mr. Shelley stated people should go to Bay Pines and see the price people paid for what we 

have today. 

M4 

E-MAIL 

Randy Heine, 7451 Park Boulevard, stated Mayor Mischler read an e-mail on Item R5 that 

Mr. Heine had forwarded from Mike Allen. Mr. Heine stated he should not be held 

accountable for something someone else had written. 

Mayor Mischler stated he accepts Mr. Heine’s explanation. 

Marshall Cook, 9300 54 th Street, stated Mr. Heine did not write that e-mail. 




M5 

NEW LEADERSHIP 

Randy Heine, 7451 Park Boulevard, stated if people want new leadership then call him. 

Councilman Taylor asked Mr. Heine his home address? 

Mr. Heine stated 7490 34 th Street, Pinellas Park. 

M6 

MICRO POWER BOATS 

Marshall Cook, 9300 54 th Street, stated he is representing people who signed a petition to 

request Council give them an area to race their little boats. 

Councilwoman Bradbury stated they may want to work with Recreation Division to arrange a 

time and place but sound regulations may be required. 

M7 

CHER MAR 

Marshall Cook, 9300 54 th Street, stated Cher-Mar is a group of handicapped people and they 

would like to see more handicapped recreation in Pinellas Park. 

M9 

THANK YOU 

Marshall Cook, 9300 54 th Street, thanked Patrick Murphy, Tom Nicholls, City Manager 

Gustafson and Assistant City Manager Gustafson for curing a problem he had since City Hall 

was built. 

Mr. Cook also thanked staff for fixing a problem for a resident. 

M10 


City Council sang Happy Birthday to resident Joe Shelley. 

M11 

NEXT MEETING 

Mayor Mischler stated the next Council Meeting will be held on Tuesday, November 22, 

2005 because Thanksgiving falls on Thursday. 




ADJOURNMENT 


Attest: 

_____________________________________ 



_____________________________________ 


Mayor 

/cgg 






MINUTES 

November 22, 2005 



PRESENT: 

ABSENT: 






None 


– City Manager, Michael Gustafson - Assistant Community Development Administrator, Patrick 

Murphy - Finance Administrator, Ron Miller – Interim 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, Chuck Webber – Fire Administrative Services Director, Mary Ann Salch – 

Park/Recreation Director, Joel Garren – Public Utilities Director, Keith Sabiel – Fleet Maintenance 

Director, Chris Marinari – Deputy Fire Chief, Steve McCarthy – District Fire Chief, Gill Hammond - 

Administrative Clerk, Pam Martin – City Clerk, Diane M. Corna, and Deputy City Clerk, Christine 

Gardner. 




SPECIAL PRESENTATION — PLAQUES 

Citizens Police Academy Association presented plaques of appreciation to those 

who have continually supported the Volunteers in Police Services Program and 

the Citizens Police Academy Alumni Association 

THANK YOU 




Mayor Mischler thanked Finance Administrator Miller and the Finance 

Division for saving the City $190,568 by paying the Pension contribution early 

in one lump sum. 

RECOGNITION 

Vice-Mayor Bailey-Snook stated she was recognized for 27 years of service on 

City Council and thanked everyone in the City for their support and help. 

II. 


Approval of Regular Council Minutes of November 10, 2005 as on file in the City Clerk’s 

Office. 


to APPROVE the Regular Council Minutes of November 10, 2005, as on file in the City 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


STAFF MEMBERS WERE SWORN IN FOR QUASI-JUDICIAL ITEMS 

III. 






P1 



NORTH (Ronald A. and Veronica J. Lee - AX06-06) 






There were not comments or objections. 


MOTION was made by Councilman Taylor and SECONDED by Councilwoman Bradbury 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


P2 






NORTH (Diane C. and Elizabeth A. Roper AX-06-08) 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


P3 






NORTH - (RICHEY INDUSTRIALS - AX06-10) 


This is a voluntary annexation of 5.03 acres MOL of commercial property. An industrial park is 

located on the site. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


P4 






NORTH (PHOENIX AND BASHAM – AX06-11) 











Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


P5 





SITE PLAN AND REQUEST FOR A CONDITIONAL USE FOR THE 

ESTABLISHMENT OF AN “EDUCATIONAL INSTITUTION” AND A “CHILD 

CARE, TYPE II” IN THE “P” PUBLIC ZONING DISTRICT, WITH THE 

FOLLOWING CONDITIONAL USE WAIVERS: THAT THE USE OF LAND BE 

LIMITED TO ACCREDITED EDUCATIONAL FACILITIES, MINIMUM LOT 

AREA, FENCE HEIGHT AND BUILDING SETBACK FOR A PROPERTY 

LOCATED AT 11225 US HIGHWAY 19. (CU 2005-39/MS 2005-46 Crosspointe 

Baptist Church) 


The applicant is requesting consideration to establish an “Educational Institution” and a 

“Child Care, Type II”, Conditional Uses in the “P” Public Zoning District on a parcel of land 

located at 11225 US Highway 19. The site is currently developed with one permanent 

structure and four modulars to accommodate a church and Sunday school and was the 

previous site of Joyland Dance Club. The applicant will be utilizing the Sunday school 

classrooms, located in the modulars, for the educational institution and child care facility. 

The applicant is also requesting waivers to the following Conditional Use requirements: that 

the use of the land be limited to accredited educational facilities, minimum lot area, fence 

height, and building setback. Surrounding land uses are: to the north, manufacturing and 

motel; to the south, shopping center; to the east, manufacturing; and to the west, multifamily 

and vacant land. The proposal appears to be consistent with the Comprehensive Plan and will 

have no adverse effect on adopted levels of service for City infrastructure. At its meeting on 

November 3, 2005, the Planning and Zoning Commission recommended approval of the 

above request, with conditions. 








to APPROVE a consideration of an amendment to an approved Preliminary Site Plan and a 

request for a Child Care, Type II” in the “P” Public Zoning District with a waiver to the 

Conditional Use requirements of limitation of land use to educational facilities, minimum lot 

area, fence height, and building setback based on the staff report and the criteria found in 

Section 18-1509.4(B) & (C) with the following conditions: 

1. The maximum capacity of the private school shall be 150 students for all grades 

combined. 

2. The applicant shall meet all state requirements to establish an “Educational 

Institution” and “Child Care, Type II” facility. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


P6 

CONSIDERATION OF A PRELIMINARY SITE PLAN IN THE “M-1" LIGHT 




INDUSTRIAL ZONING DISTRICT FOR A CERTAIN PARCEL OF LAND 

GENERALLY LOCATED AT 6862 118 th AVENUE, WHICH FUNCTIONALLY 

ABUTS RESIDENTIALLY ZONED PROPERTY TO THE NORTH, WITH 

WAIVERS TO LOCATIONAL DESIGN STANDARDS FOR OUTDOOR STORAGE 

SHIELDING. (MS 2006-3 – Robert Lewis/Colin Brett and Thomas Cayetano) 

PUBLIC HEARING (Quasi Judicial) 

The applicant is proposing outdoor storage as a principle use on the parcel of land for the 

storage of heavy trucks and vans awaiting specialized bodies from Knapheide Manufacturing 

Company. The Knapheide Manufacturing Company is a distributor and producer of steel 

service truck bodies and platform/stake style truck bodies and is located across 118 th Avenue, 

north of this site. The parcel functionally abuts residentially zoned and developed property to 

the north, the Woodbury Subdivision. Section 18-1506.23 of the Land Development Code 

requires City Council approval of site plans for property located within the “M-1" Zoning 

District when functionally abutting property zoned residential. A Public Hearing is required 

when waivers are requested. A waiver to the Locational Design Standards to allow a sixfeet-high, 

solid 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 that portion of the parcel adjacent to 68 th Street has 

been requested. City Council may require the installation of additional buffering in order to 

eliminate adverse impacts of the industrial use on the residentially zoned property to the 

north (Woodbury Subdivision). 



Collin Brett stated he is the representative for the applicant and provided information on the 

history of the property. Mr. Brett stated it is unreasonable to request a 20 foot buffer against a 

wilderness area. 

Mr. Brett stated the current use of the property is a lease with Knapheide Manufacturing 

Company that expires in August 2006. He stated the agreement with Knapeheide is to offset 

expenses temporarily and he thinks it is unreasonable for the City to require a concrete wall 

along the full length of 118 th Avenue. 

Mr. Brett stated the owners are requesting the City consider allowing solid barrier wall made 

of a less expensive material than concrete block. 

Mayor Mischler asked if 68 th Street is located in Pinellas Park or Pinellas County? 

Zoning Director Neal stated 68 th Street is located in Pinellas County, but the requirement is 




not for a 20 foot buffer but a 20 foot setback where outdoor storage will not be allowed. 

Director Neal stated land development regulations require if the applicant does not want to 

construct the wall, then it is within their rights to request a waiver of that condition but no 

waiver has been requested. 

Director Neal stated 68 th Street is being considered a front yard. 

Mr. Brett stated he is contending 68 th Street is a cattle trail the City is saying nothing can be 

done because there is a City fire hydrant there, but Pinellas County is saying they would be 

thrilled for the applicant to purchase that property and Pinellas Park is holding it up. 

Councilman Butler asked what property would be purchased? 

Mr. Brett stated 68 th Street would be purchased and vacated because Pinellas County is 

saying yes. 

Director Neal stated it is an existing right-of-way that could be petitioned to be vacated and 

then the land would go back to where it came from, but the applicant would not have the 

right to negotiate with Pinellas County to purchase a public right-of-way. 

Mr. Brett stated his understanding is fifteen feet would be available to the eastern portion. 

Mayor Mischler stated as of now it is still a right-of-way, so the code requires that a wall 

needs to be placed there. 

Zoning Director Neal stated the request is for a waiver of a solid wall along 68 th Street to the 

solid fence but not a waiver to 118 th Avenue. 

Mayor Mischler stated if Pinellas County vacated 68 th Street and the additional 15 feet would 

probably go to this property, so would they still be required to put the wall on the east side? 

Zoning Director Neal stated if that happened at that point it would not be required. 

Mr. Brett asked if it would be possible to construct a solid wooden fence on 118 th Avenue on 

a temporary basis as opposed to a concrete wall? 

Councilman Butler disclosed that he drove by the property but did not speak with anyone. 

Councilman Butler asked if there was an application made to put the vehicles there? 

Mr. Brett stated his understanding was Knapheide was to approach the City and apply for a 

permit. 

Councilman Butler stated to own industrial land and park 300 vehicles on a property without 




checking with the local government isn’t right. 

Mr. Brett stated he sold the property to Mr. Lewis who is developing a plan to put in several 

small industrial buildings and offices with warehouses but hurricanes have put prices through 

the roof for building materials, property taxes and insurance. He stated the development is on 

hold until prices even out so the agreement with Knapheide was established to put the trucks 

in one location and he thought Knapheide obtained the proper license when the deal went 

together. 

Councilman Butler asked if the fence requirement is any different if the applicant decides to 

build industrial or manufactured type buildings instead of this application? 

Zoning Director Neal stated this application is for outdoor storage so there is a heavier 

requirement for shielding. 

Councilman Butler stated the “M1” functionally abutting residential property ordinance 

requires a solid fence so this isn’t far from what would be required upon development. 

Discussion was held on changing the property use. 

Zoning Director Neal stated if a waiver was requested it would have to be advertised, but a 

waiver was not requested for the solid wall on 118 th Avenue. He stated it was not advertised 

so Council does not have the ability to grant a waiver at this time 

Councilman Butler asked if the temporary lease has options for renewal? 

Mr. Brett stated the lease expires August 1, 2006, with no options for renewal and he does 

not think the lease would have come about if the situation had been fully realized. 

Mayor Mischler stated City Staff gave direction for an occupation license to be obtained but 

then the trucks were moved in without a license. 

Mr. Brett stated he advised Knapheide to obtain an occupational license and this idea 

originated with City staff since the property is vacant and the trucks are being parked 

everywhere. 

Mayor Mischler stated concern with the single family residential property to the north. 

Mr. Brett stated the former owners tried to get the City to change this property’s zoning to 

residential and it wasn’t allowed. 

Steve Chittenden, 12021 67 th Lane, stated he is against any variances for the applicant and he 

is against having outdoor storage on this property. 

Councilman Butler stated SIA Truck Fabrication was there before the subdivision was built. 




Richard Allen, 6700 118 th Avenue, stated SIA was a good neighbor when Council insisted on 

a concrete wall being placed between SIA and the subdivision. 

Mr. Allen provided information on the existing wall and a recently vacated right-of-way. 

Zoning Director Neal provided information on “M1” buffer requirements for abutting and 

functionally abutting properties. He stated Woodbury Subdivision is functionally abutting 

this parcel across the street. 

Discussion was held on the buffering requirements for this property and the surrounding area. 

Director Neal explained the site plan submitted by the applicant shows a solid wall along 

118 th Avenue and a solid fence along the other property lines and the applicant did not 

request a waiver of the wall on 118 th Avenue. 

Mr. Allen stated 68 th Street is necessary access to properties. 

Director Neal stated City staff requested the entrance be moved to 68 th Street where it would 

interfere less visually with the residential properties across the street but the applicants 

engineer was not authorized to make that change on the drawing. 

Councilwoman Bradbury stated the address means this property is facing 68 th Street not 118 th 

Avenue so can Council require the entrance and exit from 68 th Street. 

Director Neal stated the site plan has been brought forward for Council’s review and 

consideration so they can make adjustments to the site plan but they can’t grant waivers or 

variances that have not been advertised. 

Discussion was held on where the entrance to the property should be. 

Mayor Mischler stated the waiver is to only put a solid wall on 118 th Avenue. 

Attorney Denhardt stated this item was not advertised for any waivers other than what was 

requested in the application, so if the applicant is requesting an amendment it needs to be readvertised. 

Dennis Markwart, 10147 64 th Street, stated he owns the property to the southeast and to 

access his property and the fire hydrant he needs wide access. He stated he would be in 

opposition to the vacation of 68 th Street. 

City Clerk Corna stated two letters were received in opposition to this item 

Councilman Butler asked if this item was denied without prejudice could it be brought back 




with an amended proposal? 

Attorney Denhardt stated he does not think there are time limitations before a new 

application could be submitted. 

Councilman Butler stated another consideration would be a possible table until it can be rewritten 

in the way the applicant’s representative is asking. 

Councilwoman Bradbury asked if another condition could be added? 

Attorney Denhardt stated Council is considering the site plan and if they find the site plan is 

not proper as presented, they can change that or put other requirements on it if that is 

acceptable with the applicant. 



to DENY consideration of a Preliminary Site Plan in the M1 Light Industrial Zoning District 

for a certain parcel of land generally located at 6862 118 th Avenue which functionally abuts 

residentially zoned property to the north with waivers to the locational and design standards 

for outdoor storage shielding without prejudice. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Councilman Butler stated the applicant has heard Council’s concerns and this gives them the 

opportunity to work with neighbors and make sure everyone is on the same page with 

shielding requirements. 

Mayor Mischler stated the motion has been made to deny without prejudice which means the 

applicant will not have to wait months to come back and resubmit a site plan. 

Mayor Mischler stated he has problems with the entrance on 118 th Avenue functionally 




abutting the residential area. 

Councilwoman Bradbury suggested the applicant be a good neighbor and make sure when 

this returns to Council, vehicles have not been parked on the sidewalk or right-of-way. 

Councilman Taylor stated staff needs to establish the definition of solid fence as opposed to 

solid wall when it comes to functionally abutting residential property 

Mayor Mischler stated the trucks are in violation and if they remain there they will be subject 

to citation. 

P7 

RESOLUTION NO. 05-46. VACATION OF THE A SIX-FEET-WIDE EASEMENT 

GENERALLY LOCATED ALONG THE EAST PROPERTY LINE OF 5171 86 TH 

AVENUE. (V 2006-1 – Brian and Theresa Wilkes) 


The applicant is requesting the vacation of the six-feet-wide utility easement located at the 

side (east property line) of their property in order to sell their single-family dwelling. The 

single-family dwelling was developed in the six-feet-wide utility easement and vacating the 

easement is required in order to obtain a clear title for sale of the property. The following 













Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


CITY COUNCIL 




P8 

ORDINANCE NO._3396. AMENDING CHAPTER 7 “TAXATION” OF THE CODE 

OF ORDINANCES OF THE CITY OF PINELLAS PARK, FLORIDA BY 

CREATING ARTICLE I “TAXATION” AND INCORPORATING EXISTING 

CHAPTER 7 “TAXATION” INTO ARTICLE I BY CREATING A NEW ARTICLE 

II “ADDITIONAL HOMESTEAD EXEMPTION”. 


In accordance with the provisions of Section 196.075, the Mayor and City Council have 

elected to provide an additional homestead exemption to their senior citizens. At their 

November 8, 2005, City Council Workshop, City Council indicated their desire to provide 

an additional $25,000 Homestead Exemption to qualified senior citizens and this Ordinance 

incorporates that provision in the City’s Code of Ordinances. 



Peter White, 7197 120 th Avenue, stated seniors need all the help they can get and he is glad 

about this item. 

Mayor Mischler stated Council feels they can do this for the senior citizens. 

Vice-Mayor Bailey-Snook stated this will be tied to income levels, applying every year and 

this will be of great help to senior citizens. 

Councilman Taylor stated this is the maximum amount allowed and this is a good time to do 

this. 

City Council thanked Office of Management and Budget Administrator Katsiyiannis for his 

work on this. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


COUNCILMAN TAYLOR LEFT THE MEETING 8:49 P.M. 


IV. 


CITY CLERK 

C1 RESOLUTION NO. 05-47. A RESOLUTION CALLING FOR A GENERAL 

ELECTION TO BE HELD ON MARCH 7, 2006, FOR THE PURPOSE OF 

ELECTING A MAYOR FOR A TWO (2) YEAR TERM, AND TWO (2) COUNCIL 

MEMBERS TO FILL SEAT #1 AND SEAT #2 FOR FOUR (4) YEAR TERMS AND 

APPROVAL OF AN AGREEMENT WITH THE PINELLAS COUNTY 

SUPERVISOR OF ELECTIONS. 


Authorization is needed from City Council for the City Clerk to conduct a General Election on 

Tuesday, March 7, 2006, in accordance with the City Charter. 





C2 

RESOLUTION NO. 05-50. TO ADOPT CERTIFICATION PAY FOR SPECIFIC 

POSITIONS IN THE BUILDING DEVELOPMENT DIVISION OF THE 

COMMUNITY DEVELOPMENT DEPARTMENT AND TO INCREASE THE 

STAFFING LEVEL IN THE COMMUNITY COMPLIANCE SECTION OF THE 

POLICE DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. 


This resolution provides for certification pay for specific positions in the Building 

Development Division of the Community Development Department and authorizes an 

additional position in the Community Compliance Section of the Police Department. 

PUBLIC WORKS 

C3 

AWARD OF BID 05/033 – ODOR CONTROL SYSTEM FOR WASTEWATER LIFT 

STATION #1 – Shaw Environmental and Infrastructure, Milwaukee, WI 

Bids were legally advertised, and bid invitations were mailed to 334 perspective bidders. 

One bid was received for the purchase of this equipment from Shaw Environmental and 

Infrastructure, Milwaukee, WI, with a bid price of $118,500.00. The amount budgeted for 

this project is $140,000.00, to be charged to account 301-381-5-756-39. 

The existing Odor Control System at Wastewater Lift Station #1 is obsolete and has led to 

increasing operation and maintenance costs. The purchase of this equipment, under Bid 

05/033, will replace the existing system with a state of the art system, and reduce operation 

and maintenance costs by no longer requiring chemical addition to achieve the treatment of 

odors. 

Authorization to award Bid 05/033 for the purchase of one Odor Control System for 

Wastewater Lift Station #1 from Shaw Environmental and Infrastructure, Milwaukee, WI for 


C4 AUTHORIZATION TO PURCHASE UNDER FLORIDA STATE CONTRACT 515- 




630-03-1 - One 2005 Toro Groundsmaster 3500-D – For Parks Division 

This 2005 Toro Groundsmaster is a replacement for asset 11312. This new Groundsmaster 

Rotary Mower will be used by the Parks Division to meet coverage areas throughout the city. 

The amount budgeted in account 501-731-5-661-09 for this expenditure is $27,484 and can 

be found on page 422 of the 05/06 budget. 

Authorization to purchase under Florida State Contract 515-630-03-1 from WESCO Turf, 

Inc., Sarasota, Florida, One Toro Groundsmaster 3500-D at a cost of $26,888.44 to be 


C5 AUTHORIZATION TO PURCHASE UNDER FLORIDA SHERIFF’S 

ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES AND FLORIDA FIRE 

CHIEF’S ASSOCIATION, BID NO. 05-13-0822/04-12-0823-QE065-QE510 - One Ford 

F-450 Truck – For Sewer Division 

This 2006 Ford F-450 Truck is a replacement for asset 10729. This new truck will be used 

daily by the Sewer Division to perform pump maintenance throughout the city. The amount 

budgeted in account 501-322-5-661-09 for this expenditure is $46,000 and can be found on 

page 422 of the 05/06 budget. 

Authorization to purchase under Florida Sheriff’s Association, Florida Association of 

Counties and Florida Fire Chief’s Association Bid No. 05-13-0822/04-12-0823-QE065- 

QE510 – One 2006 Ford F-450 Truck for Sewer Division from Garber Ford, Mercury, Inc., 

Green Cove Springs, Florida, at a total cost of $44,684 to be charged to the appropriate 

account. 

C6 

AUTHORIZATION TO PURCHASE UNDER FLORIDA FIRE CHIEF’S 




ASSOCIATION, STATE BID 05-06-0823 - One 2006 Aerial Fire Engine – For Fire 

Department 

This 2006 E-One Aerial Ladder Fire Engine is a replacement for asset 6236. This unit is 

needed to reduce personal injury and property damage due to fire or other life threatening 

hazards throughout the city. The amount budgeted in account 501-222-5-661-09 for this 

expenditure is $898,700 and can be found on page 422 of the 05/06 budget. 

Authorization to purchase under Florida Fire Chief’s Association State Bid 05-06-0823 from 

Hall-Mark, Ocala, Florida – One E-One F114 Midmount Aerial Ladder Fire Engine at a cost 

of $906,085. 

Randy Heine, 7451 Park Boulevard, asked how this will be paid for? 

Office of Management and Budget Administrator Katsiyiannis stated it will be funded from 

the City’s capital equipment replacement fund. 

Mayor Mischler stated the money is put away each year for replacement vehicles. 

Administrator Katsiyiannis stated the City has an internal charge back system for vehicles 

and major pieces of equipment where initial purchases are charged over a period of time so 

money is available to replace vehicles. 

Mr. Heine stated he saw a memorandum applying for a $500,000 grant and asked why the 

City didn’t get the grant? 

City Manager Gustafson stated usually the only response the City receives is a list of who 

received grants and who did not. 

Councilwoman Bradbury stated the government has been generous with Police and Fire 

grants in the past. 

Mayor Mischler stated the needs of all communities are looked at and Pinellas Park has a 

Grants Writer who works to obtain as many grants as possible. 

Peter White, 7197 120 th Avenue, asked if the old fire truck is worn out? 

City Manager Gustafson stated the old fire truck is a 1983 with 135,000 miles 

Discussion was held on the height of the new fire truck ladder. 

Fire Chief Lewis stated the existing truck was refurbished in the early 1980’s and has 




equired an average of $25,000 in maintenance per year. He stated this year there has already 

been over $40,000 expended in maintenance fees and other significant repairs are needed. 

Mayor Mischler stated the cost for the old truck was $300,000 in 1983 and now that price has 

tripled. 



CHIEF’S ASSOCIATION, CONTRACT 05-13-0/22/04-12-0823-QE065-QE510 – Five 

(5) 2006 Ford Crown Victoria P-71 Police Pursuit Package Vehicles – For Police 

Department. 

The five (5) 2006 Crown Victoria Pursuit Package Police Cruisers are replacements for asset 

9691, 10400, 11452, 11615 and one addition to the fleet. These five (5) 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 the expenditure is $180,105 

and can be found on page 421 and 422 of the 05/06 budget. 


Counties and Florida Fire Chief’s Association Contract 05-13-0822/04-12-0823-QE065- 

QE510 – Five (5) 2006 Ford Crown Victoria Police Pursuit Package Vehicles for the Police 

Department from Duval Ford, Jacksonville, Florida, at a cost of $20,158 per car for a total 

cost of $100,790 (cars only) to be charged to the appropriate account. 


COUNCILMAN TAYLOR RETURNED TO THE METTING AT 8:55 P.M. 


C8 


CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 6904 122 ND AVENUE 

NORTH - (GALINA AND OKSANA KOTOVETS – AX06-09) 



Owners’ single-family home is located on the site. 

C9 






NORTH - (FERRELL BUILDING CORPORATION – AX06-13) 


This is a voluntary annexation of 0.23 acres MOL of residential property. A single-wide 


C10 

AUTHORIZATION FOR RFP # 05/031 NEGOTIATIONS FOR PLANNING 

CONSULTANT SERVICES FOR LAND DEVELOPMENT CODE EVALUATION 

AND REVISION 


submitted, heard oral presentations, and recommends three consultants in the following order: 

1) Michele Mellgren & Associates, Inc., 2) Duncan Associates & Weiss, Serota, Helfman, 

Pastoriza, Cole & Boniske, and 3) The RMPK Group. Upon Council’s recommendation and 

authorization, the City Manager will negotiate competitively with the most qualified firm; and, 

should he fail to reach an agreement, he will then negotiate with the remaining firms in order of 

preference, in accordance with Section 287.055, Florida Statutes. 

Authorization for City Manager to negotiate with the firms recommended by the Selection 

Board, in order of preference as recommended, for Planning Consultant Services for Land 

Development Code Evaluation and Revision. 



Public Hearing and Items C1 and C2 being First and Final Reading, and SECONDED by 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 







R1 

REAPPOINTMENT TO THE PINELLAS PARK GENERAL EMPLOYEES’ 

PENSION BOARD OF TRUSTEES – One Council Appointed Member 

The term of Mr. Alan Swartz as a member of the Pinellas Park General Employees’ Pension 

Board expires January 2006. Mr. Swartz is interested in continuing his service as a trustee. 

Members serve for a three-year term. 

MOTION was made by Vice-Mayor Bailey-Snook, and SECONDED by Councilwoman 

Bradbury to APPROVE the reappointment of Alan Swartz to serve as a resident member of 

the Pinellas Park General Employees’ Pension Board of Trustees with term to expire January 

2009. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Councilman Taylor stated Mr. Swartz has a perfect attendance record on this board. 


R2 CONSIDERATION OF A REQUEST FOR A VARIANCE TO THE LOT 




REQUIREMENTS FOR THE CREATION OF A FLAG LOT IN THE “R-4” 

DUPLEX RESIDENTIAL ZONING DISTRICT FOR A CERTAIN PARCEL OF 

LAND LOCATED NORTH OF 6501 64 TH AVENUE. (MS 2005-43 – ISRA 

Homes/Ariel Bergman) 


The owner of the property requests the approval of a flag lot to the north of the property 

generally located at 6501 64 th Avenue. The property is zoned “R-4” Duplex Residential 

District. The proposed owner wishes to develop the flag lot with a multi-family dwelling. 

The parcel meets the requirements outlined in the Subdivision Section of the Land 

Development Code. The parcel fronts on a thirty-foot-wide ingress/egress easement, which is 

viewed as a private street, not a true City right-of-way. Surrounding land uses are; to the 

north, south, and east by single family dwellings; to the west, Gold’s Gym parking lot. 

MOTION made by Councilman Taylor, and SECONDED by Councilwoman Bradbury to 

APPROVE a request for a variance to the lot requirements of Section 18-105.3 of the Land 

Development Code for the creation of a flag lot in the “R-4” Duplex Residential Zoning 

District. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


R3 

CONSIDERATION OF AN APPROVAL OF A FINAL PLAT FOR A PARCEL OF 




LAND GENERALLY LOCATED BETWEEN 66 TH AVENUE AND 70 TH AVENUE 

AND 46 TH STREET AND 49 TH STREET. (PL 2006-1(F) – SAWGRASS 

VILLAGE/BEAZER HOMES CORP.) 


The applicant is platting a 29.29 acre parcel of land, previously approved by Council as an 

“RPUD” Residential Planned Unit Development with underlying “R-5” Multi-Family 

Residential and “B-1” General Commercial Zoning Districts for the development of 307 

townhomes and 3 commercial outparcels to be known as Sawgrass Village. City Council has 

previously approved the “RPUD” Residential Planned Unit Development, Case No. PUD 

2004-2 and rezoning under Case No. Z 2004-6, on October 4, 2004. 



to APPROVE the Final Plat for Sawgrass Village, generally located between 66 th Avenue 

and 70 th Avenue and 46 th Street and 49 th Street, based on the Findings of Compliance with 

the factors identified in Section 18-103.6(C) and Section 18-1506.5(I) of the Land 

Development Code. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Vice-Mayor Bailey-Snook requested information on the width of the interior roads in the 

development. 

Zoning Director Neal stated the roads approved for this subdivision are twelve feet wide 

travel lanes and the overall concrete will be close to 28 feet within a 40 foot right-of-way. 

Vice-Mayor Bailey-Snook requested information on ingresses and egresses to major arteries. 

Director Neal stated there will be and ingress/egress onto 70 th Avenue and one onto 68 th 




Avenue. 

Councilwoman Bradbury stated there is also one going out to the commercial end on 49 th 

Street. 

Director Neal stated there is going to be a connection access road between the commercial 

outparcels and the residential parcels. 

Discussion was held on the proposed ingress/egresses. 

Councilman Taylor asked Fire Chief Lewis if 24 foot is wide enough for emergency vehicles? 

Fire Chief Lewis stated 20 feet is minimum and 24 feet is very good and he is comfortable 

with this plan. 

Councilman Butler stated plans that come before Council are reviewed by Life Safety and 

almost every department in the City and these plans have already been reviewed. 

Vice-Mayor Bailey-Snook stated usually there are more ingress/egresses with this many units 

Councilman Butler stated Council would have loved to have more ingress/egress but a whole 

room full of people came before Council saying they do not want more. 

Vice-Mayor Bailey-Snook stated she thinks it should be done with barricades for emergency. 

Mayor Mischler stated the Fire Department has approved this plan. 

Councilman Taylor stated the developers wanted some exclusiveness for the community. 

Joe Shelley, 6035 86 th Avenue, stated he spoke against the number of cars allowed in this 

development and asked if there will be garages on the units? 

Director Neal stated the exact mix of units for the project is not known, but the developer had 

planned on providing some units with garages and some without garages. 

Mr. Shelley asked if parking will be allowed on the street? 

Director Neal stated two paved parking spaces will be provided per dwelling unit and no 

parking on the street. 

Councilman Taylor stated he understood there will be a common parking area in the 

development for guests. 

Mayor Mischler stated the units without a garage will have to have another front yard 




setback. 

Mr. Shelley stated vehicles will be taking up from the building to the curb and there will be 

approximately 450 cars leaving and returning during rush hour. 

Mayor Mischler stated not everyone is going to work at the same time and there does not 

seem to be traffic concerns with this type of development. 

Director Neal stated this item deals with the final plat for the subdivision and these details 

are being discussed were already approved. 

Vice-Mayor Bailey-Snook stated she is voting yes, with reservations. 

R4 

CONSIDERATION OF AN APPROVAL OF A FINAL PLAT, A PARCEL OF LAND 




GENERALLY LOCATED ON THE SOUTHWEST CORNER OF 80 TH AVENUE 

AND 57 TH STREET. (PL 2005-4(F) – Cameron Cox/Fred Anderson) 


The applicant is platting 1.60 acres into five substandard “R-1” Single-Family Residential 

lots for residential development subject to Section 18-1506.5(I) of the Land Development 

Code. City Council has previously approved the Preliminary Plat as well as the creation of 

the flag lot under Case No. PL 2005-4(P), on June 23, 2005. A single-family residence is 

currently located on the site, but will be removed for future development. 


to APPROVE the Final Plat for “Remington Preserve” generally located on the southwest 

corner of 80 th Avenue and 57 th Street, based on the Findings of Compliance with the factors 

identified in Section 18-103.6(C) and Section 18-1506.5(I) of the Land Development Code. 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 


Lawrence Johnson, 5846 82 nd Avenue, asked if townhomes are going to be built on this 

property? 

Mayor Mischler stated the existing home is going to be removed and five single family 

homes will be built. 

Mr. Johnson asked if Council thinks five residences will be overdeveloping this land? He 

stated the pond on the property is stagnant now and asked what would be done to keep the 

water pure? 

Councilman Butler stated this is a privately owned lake on private property and the property 

owner has rights to use or develop their property. 

Mr. Johnson asked the price value of the homes to be developed? 




Mayor Mischler stated he thinks they are going to be over $300,000. 

Discussion was held on the lake and the ditch on the property. 

Marshall Cook, 9300 54 th Street, stated his complaint is putting too many expensive houses 

too close. 

Mayor Mischler stated he voted for the preliminary plat but he believes putting five houses 

on this location is an overbuild. 

R5 

CONSIDERATION OF A PRELIMINARY SITE PLAN FOR A MULTI-FAMILY 




DEVELOPMENT IN THE “P" PUBLIC ZONING DISTRICT FOR A CERTAIN 

PARCEL OF LAND GENERALLY LOCATED AT 8021 60 TH STREET. (MS 2006-5 – 

Salvation Army/Michael Farrell) 

QUASI JUDICIAL 

The applicant is proposing to construct a 57 unit Multi-Family Development in the “P” 

Public Zoning District at the former location of the Salvation Army Community Center. 

Section 18-1506.2 (H) of the Land Development Code requires City Council approval of site 

plans for property located within the “P” Public Zoning District. A Public Hearing is required 

when waivers are requested. However, no waivers have been applied for. City Council may 

require the installation of additional buffering in order to reduce or eliminate perceived 

adverse impacts of the proposed use upon the adjacent uses and to the neighborhood. 


Councilman Butler asked what the zoning of this property is and what can be built here? 

Zoning Director Neal explained the permissible uses for this property. 

Attorney Marcus Venon, 1721 Rainbow Drive, Clearwater, stated this application is not a 

rezoning or land use change. The use proposed on the property is a permitted use so the use 

and the intensity are permitted under this land use and this zoning. 

Attorney Vernon stated the code provides for a site plan to be presented to Council so the 

project can be compatible with the surrounding neighborhood but it is not presented to 

consider the use because the use is already permissible for the property. 

Attorney Vernon stated the applicant is open minded and wants to be a good neighbor. 

Attorney Vernon provided an overview of the proposed development. 

Zoning Director Neal stated the height limitation in the R1 District is 35 feet. 

Councilwoman Bradbury asked how much the properties will be sold for? 

Attorney Vernon stated the current project value will be approximately $250,000 per unit or 

above. 

Discussion was held on the values of the surrounding properties compared to the proposed 

housing. 

Attorney Vernon explained for the selling price there are only 57 units but if smaller less 




expensive units are built there will be the 82 permitted units. 

Mayor Mischler stated this property is basically surrounded by residential properties and 

provided information about when this property’s zoning changed. He stated the request for 

the rezoning was to increase the existing facilities and build a skate park and not intended for 

use as private sector attached units. 

Councilman Butler asked what the density would be under the old zoning the property had? 

Zoning Director Neal stated if the future land use class was RU it would have allowed 7.5 

units per acre. 

Discussion was held on how many units would be permissible before the rezoning of the 

property and the meeting that was held between the applicant and the neighbors. 

Councilwoman Bradbury stated there is an aversion to mixed use when it is in the middle of 

single family homes. 

Discussion was held on spot zoning and the compatibility of this project to the neighborhood. 

The following citizens spoke in opposition to this development: 

Phillip Burns 8175 60 th Street 

Heather Cole resident 

Daniel Cole resident 

Larry Johnson 5846 82 nd Avenue 

Janice Berry 5846 82 nd Avenue 

Caroline Burns 8175 60 th Street 

Edith Heddy 8100 59 th Street 

Sylvia Thomas 5930 79 th Avenue 

Gertrude Dufresne 5911 82 nd Avenue 

PhilAnn Alai 5881 82 nd Avenue 

Timothy Barnard 5881 82 nd Avenue 

Marshall Cook 9300 54 th Street 

Joe Shelley ` 6035 82 nd Avenue 

Mr. Burns submitted 87 petitions in opposition to this item. 

Discussion was held on compatibility, property values, traffic concerns zoning and drainage. 

Attorney Vernon stated there has been no competent substantial evidence brought to City 

Council nor was the compatibility issue specifically addressed. 

Attorney Vernon provided information on drainage, traffic, transitioning single family homes 




to multi-family and future density issues in Florida. 

Discussion was held on permitted land uses under the current zoning. 

Director Neal stated the City must stay within the definition of multi-family development 

which is the development of three or more dwelling units on the same parcel, lot or zoning 

lot including three single family detached or attached dwelling units or two duplexes. 

City Attorney Denhardt stated Daniel Cole mentioned he was a Highway Patrolman and as 

far as competent substantial evidence he would like to ask a few questions. Mr. Cole had left 

the meeting so he requested to speak with his wife, Heather Cole. 

City Attorney Denhardt asked Mrs. Cole what Daniel Coles’ occupation is? 

Mrs. Cole stated Mr. Cole is a Florida Highway Patrol Trooper. 

City Attorney Denhardt asked how long he has been employed with them? 

Mrs. Cole stated ten or eleven years. 

City Attorney Denhardt asked if a good part of his work involves investigation of traffic 

accidents and involvement with traffic and the control of traffic and has he gone through 

education and training as a Highway Patrol Trooper in those fields? 

Mrs. Cole stated yes, plenty of it. 

Councilman Taylor asked how long the Salvation Army property was on the market? 

Paula Smith, 7685 Harborview Way, Seminole, stated she is the realtor for the property and 

provided information on the property. 

City Clerk Corna stated the City Manager’s Office received eleven phone calls in opposition 

to this item. 





to DENY the Preliminary Site Plan for the Multi-Family Development in the “P” Public 

Zoning District on a certain parcel of land generally located at 8021 60 th Street. 

City Attorney Denhardt stated Council is considering the approval of the site plan for land 

within the “P” Public District and read Section 18-1506.25 of the Land Development Code 

and stated the permitted uses include multi-family dwellings when assigned the “I” land Use. 

City Attorney Denhardt stated Council is to review individual applications to ensure design 

and use compatibility with the surrounding area. 

City Attorney Denhardt stated he thinks Council should consider and discuss whether they 

find if this particular multi-family use is compatible with the area. 

City Attorney Denhardt stated he thinks the testimony of Trooper Cole would be considered 

compatible substantial evidence on traffic although traffic is not a sole determining issue, but 

the eleven phone calls should not be considered by Council. 

Councilman Taylor stated the dwellings in the neighborhood are single family and the 

compatibility factor of this development is changed by the attached wall regardless of the 

setbacks. 

Councilman Taylor stated whatever occurs on this property will increase traffic, service 

levels and be denser but he is comfortable with his decision on this item. 

Mayor Mischler stated he does not know where there is a “P” Public Zoning and an “I” 

Institutional owned by the private sector. 

Mayor Mischler stated the “PI” was never intended to be sold Public Institutional for private 

development because it was intended for places of worship or similar to have housing 

associated with it and he would like Council to look at this issue in the future. 

Mayor Mischler stated this proposed development is totally incompatible with the 

surrounding area of single family detached dwelling except for two properties. 

Councilman Butler stated he was on Council when the zoning was changed for the Salvation 

Army but he must follow the code of ordinances rights in zoning classifications. 

Councilman Butler stated he can’t say this is not compatible to the neighborhood because of 

the law. He stated the zoning and density under R1 and this zoning is fairly close and he feels 

this is a much better product than what would be built as single family development. 

Councilman Butler stated he feels this is compatible with the neighborhood and he has to 




make a conscience decision to try and keep the City out of a lawsuit. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 


Slyvia Thomas, 5930 79 th Avenue, asked what the law is for Public Institution? 

City Attorney Denhardt stated he thinks it is inappropriate for the Council to debate this item 

since the quasi-judicial hearing is finished. 

Mayor Mischler stated it is allowed under the zoning for what the developer wanted to do. 

R6 





HIGH, SOLID FENCE TO SHIELD AN OUTDOOR STORAGE AREA FROM 



49 th STREET. (MS 2006-4 Caronongan Enterprises/P.J. Callahan) 


The current use of the site is as a wholesale scaffold and ladder supplier. The applicant is 

currently constructing a 15,000 square foot building addition to the existing 12,000 square 

foot building and related paved vehicular use areas. A 3,245 square foot drive–thru bank has 

recently been added to the site, in a portion of the existing building. The outdoor storage area 

will be utilized by the wholesale business for storage of ladders, scaffolding and other related 

items. The site is fronted by three right-of-ways, 126 th Avenue, 49 th Street, and Daniels 

Drive. The storage area will be shielded from 126 th Avenue by the building. (However, it will 

be visible from 49 th Street and Daniels Drive and will require shielding by a solid wall.) As a 

substitute to the solid wall, the applicant is proposing a six-foot-high solid tongue-andgroove, 

PVC fence which will match the type submitted in the cut sheets attached. Site 

inspection reveals that the subject property is located in an industrial neighborhood with all 

abutting and functionally abutting properties zoned industrial. Review of the existing 

properties in the neighborhood revealed multiple outdoor storage areas of varying intensities. 

Shielding of these areas is accomplished with chain link fencing, solid metal sheets, wood 

fencing, and in some instances, no shielding was present. In determining whether or not to 

grant a request to allow a six-foot-high solid, tongue-and-groove PVC fence, City Council 

shall consider the following criteria: use of abutting properties, right-of-way classifications, 

extent of existing solid fencing within the surrounding area, fence or alternative shielding 

device materials proposed, length of proposed fence/wall, and type of materials being stored. 






shield outdoor storage areas visible from 49 th Street and Daniels Drive, replacing said wall 

with a six-foot-high solid tongue-and-groove, PVC fence, subject to the following condition; 

1. Fencing shown in cut sheets submitted with application shall be the type installed. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 


Councilman Taylor stated he would like Council to discuss PVC fencing instead of solid 

fencing for the redevelopment district at a future Workshop. 

Councilwoman Bradbury stated PVC fencing could be a safe alternative to some types of 

fencing variances are requested for. 

R7 


GALINA AND OKSANA KOTOVETS (AX06-09) — Annexation of 0.16 acres MOL 




located at 6904 122 nd Avenue North 


Owners’ single family home is located on this site. 

Galina and Oksana Kotovets City Projected City Funds City Fees 

6904 122 nd Avenue North Annual Revenue Expended Waived 




Taylor to APPROVE the voluntary annexation of 0.16 acres MOL of property owned by 

Galina and Oksana Kotovets and located at 6904 122 nd Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

None 

None 



R8 


AGREEMENT WITH FERRELL BUILDING CORPORATION (AX06-13) — 






Owner will remove the existing mobile home and construct a new single family home on this 

site. 

Ferrell Building Corporation City Projected City Funds City Fees 


1-Year Projected Total $1,503.09 $0.00 $3,000 

2-Year Projected Total $3,006.18 $3,000 


♦ Waive City land development fees and water and sewer connection 

fees for 24 months ($3,000) 



Ferrell Building Corporation for annexation of 0.14 acres MOL of contiguous residential 

property located at 6004 106 th Avenue North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 

Councilman Rick Butler 

None 


Randy Heine, 7451 Park Boulevard, stated no fees were waived in Item R7 but this item fees 

are waived and wants Council to stop waiving the fees. 

Councilwoman Bradbury stated Item R7 is keeping the mobile home with improvements on 

it but this property will have the mobile home removed and a house built. 

Councilwoman Bradbury stated this development will be more substantial for the City, 

bringing in more property taxes and will be safer for the resident. 

CITY ATTORNEY 

R9 

AUTHORIZATION FOR CITY ATTORNEY TO SETTLE LITIGATION – John 

Sachs and Gerald Sachs v. Pinellas County, Florida, City of Pinellas Park, Florida, and 




The Lakes Unit 2, Phase 2, Home Owner’s Association, Inc., Circuit Civil Case No. 96- 

6199-CI-11 

This litigation has been ongoing for nine years. The lawsuit originated as a quiet title action 

concerning land that the Sachs’ purchased at a tax deed sale. The land is located between the 

County Refuse Site and the Lakes Subdivision, and includes the small lake and a portion of 

the Lakes’ common recreation area. Originally, there was to be a land swap of parcels that 

would return this land to the Lakes Subdivision and give the Sachs’ a parcel which they 

could develop. The land swap deal was brokered by former County Administrator Fred 

Marquis, and Sachs did deed the recreation area portion of the land back to the Lakes 

Subdivision. Unfortunately, Pinellas County halted all land swap negotiations after Gay 

Lancaster took over as Interim Administrator. Pinellas Park’s only involvement in the 

litigation was in the event there would need to be any development concessions as a result of 

the land swap. 

Mediation has been held regarding this matter several times, most recently on October 14 th of 

this year. Since Pinellas Park’s involvement was only minimal, I had received permission 

from the Court for Pinellas Park not to participate in the mediation, to save attorney’s fees 

and expenses. This last mediation resulted in a settlement between Sachs and the County. 

Pinellas County has agreed to pay Sachs $105,000 to settle all matters pertaining to the 

pending litigation and appeals. In turn, Sachs will deed to Pinellas County the remainder of 

the property which Sachs still owns. All sides will bear their own attorney’s fees and costs, 

and by the terms of the settlement, there will be no liability to and no settlement proceeds 

paid by or received by the City of Pinellas Park. 

Attached is the Settlement Agreement that was entered into at the mediation. I have 

executed this Agreement on behalf of the City, agreeing in concept to the Settlement 

Agreement, subject to City Council’s approval. 


Taylor to APPROVE the Settlement Agreement in the case of John Sachs and Gerald Sachs 

v. Pinellas County, Florida, City of Pinellas Park, Florida, and The Lakes Unit 2, Phase 2, 

Home Owner’s Association, Inc., Pinellas County Circuit Civil Case No. 96-6199-CI-11, in 




accordance with the terms set forth therein, as agreed upon at mediation held on October 14, 

2005. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


MISCELLANEOUS 

M1 

HAPPY THANKSGIVING 

City Council wished everyone a happy and safe Thanksgiving. 

M2 

NEW FIRE TRUCK 

Randy Heine, 7451 Park Boulevard, asked why a second ladder truck is being purchased and 

is it required? 

Fire Chief Lewis explained it will assist in ISO ratings and the other truck is a smaller truck 

that runs as an engine also. 

M3 

CITY EMPLOYEES 

Randy Heine, 7451 Park Boulevard, stated he was told there are employee problems in 

Public Works. 


M4 


Marshall Cook, 9300 54 th Street, congratulated Councilwoman Bradbury. 




Councilwoman Bradbury stated she has no opposition for her re-election and thanked the 

citizens for their support. 

M5 

HOLIDAY IN THE PARK 

Police Chief Thomas announced Holiday in the Park will be held Friday December 3, 2005 

and Saturday, December 4, 2005, at the England Brothers Band Shell. 

M6 

FARRELL ANNEXATION 

City Manager Gustafson stated the Ferrell annexation is not the same as Mike Farrell the 

builder. 

M7 

CHRISTMAS DECORATIONS 

Councilwoman Bradbury requested citizens watch for flashing arrow on trucks that are being 

used to put up Christmas decorations on the roadways. 

ADJOURNMENT 


Attest: 

_____________________________________ 



_____________________________________ 


Mayor 

/cgg 






MINUTES 

December 15, 2005 



PRESENT: 

ABSENT: 









Administrator, John Moore - Community Activities Administrator, Barbara Ponce - Zoning Director, 

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

Police Chief, Dorene Thomas – Fire Chief, Doug Lewis – Police Chief, Dorene Thomas – Fire 

Administrative Services Director, Mary Ann Salch – Fleet Maintenance Director, Chris Marinari- 

Office of Management and Budget Administrator, Dan Katsiyiannis – Economic Development 

Specialist, Shannon Coughlin - Multimedia System Analyst, Dawn Prior – Media and Public Events 

Specialist, Denise Re - City Clerk, Diane M. Corna, and Deputy City Clerk, Christine Gardner. 

INVOCATION was given Councilwoman Bradbury. 





DECEMBER 15, 2005

SPECIAL PRESENTATION — DO THE RIGHT THING 

From Chief Thomas and Officer Saxer to the following students: 

Harley Acuff Pinellas Central Elementary 

Crystal Boyd Pace Center for Girls 

Meaghan Henson Skyview Elementary 

Hailey Hatrick Pinellas Park High School 

Cassidy Moody Pinellas Central 

SPECIAL PRESENTATION — CHECK 

Pinellas Park Kiwanis Club Representative Ralph Marlow presented a check to 

Monica Craig a 6 th grade student at St. Petersburg Christian School for her to 

attend the Worldwide Leadership Conference in Washington DC in April, 2006. 

COUNCILMAN TAYLOR’S 8 TH ANNUAL STAYING AWAKE AWARD 

MIS Administrator Linthicum was awarded the 8 th Annual Staying Awake 

Award 

THANK YOU CARD 

Councilman Butler stated City Council is happy to accept the displayed thank 

you card on behalf of City employees who raised $510.00 for Thanksgiving 

Dinner at the Pinellas Emergency Mental Health Children’s Residence. 

II. 


Approval of Regular Council Minutes of November 22, 2005 as on file in the City Clerk’s 

Office. 


to APPROVE the Regular Council Minutes of November 22, 2005, as on file in the City 



Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


STAFF MEMBERS WERE SWORN IN FOR QUASI-JUDICIAL ITEMS. 




III. 



P1 


CERTAIN PARCEL OF LAND GENERALLY LOCATED AT 6904 122 ND AVENUE 

NORTH - (GALINA AND OKSANA KOTOVETS – AX06-09) 



Owners’ single-family home is located on the site. 








Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


P2 






NORTH - (FERRELL BUILDING CORPORATION – AX06-13) 


This is a voluntary annexation of 0.23 acres MOL of residential property. A single-wide 









Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


P3 







AND 41 ST STREET NORTH. (V 2005-14 A&J Industries) 


The applicant is requesting the vacation of a 404-linear-foot portion of the 132 nd Avenue 

right-of-way located between 40 th Street and 41 st Street south of 13200 40 th Street. The 

applicant would like to utilize the property for Phase II of construction to the Melco facility. 

The following Findings of Fact are pertinent to this request: 



vacation. 

3. The City is to retain an easement for utilities on the south 30 feet of the rightof-way. 





ADOPT Resolution No. 05-48. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


P4 RESOLUTION NO. 05-49. A RESOLUTION VACATING A PORTION OF THE 30- 




FEET-WIDE UNIMPROVED RIGHT-OF-WAY OF 64 TH AVENUE NORTH 

GENERALLY LOCATED BETWEEN 62ND STREET NORTH AND 62 ND WAY 

NORTH IN SECTION 32, TOWNSHIP 30 SOUTH, RANGE 16 EAST; PROVIDING 

FOR THE RETENTION OF A UTILITY AND DRAINAGE EASEMENT; 

PROVIDING FOR AN EFFECTIVE DATE. (V 2005-15 Eversole) 


The applicant is requesting the vacation of an approximate 270- linear-feet portion of the 

unimproved 30-feet-wide substandard right-of-way of 64 th Avenue generally located between 

62 nd Street and 62 nd Way. The applicant claims to have maintained the property for 13 years 

(6390 62 nd Street). The Planning and Zoning Commission, at the meeting of November 3, 

2005, recommended approval of the vacation with a condition that: “No fence shall be 

installed without proper permits.” Since the Land Development Code requires a permit to 

erect a fence, staff has not added the condition to the motion. The following Findings of Fact 

are pertinent to this request: 



vacation. 

3. The City is to retain an easement for utilities and drainage on the entire 30 

feet of the right-of-way. 


Dell Gortz, 6501 62 nd Street, stated he feels closing this off would curtail the drainage of the 

water in this area, so he is opposed to this item. 

Discussion was held on flooding and drainage in this area. 

Councilman Butler asked if anything can be constructed on this vacation? 

Zoning Director Neal stated not without the permission of the City Engineer. 

Discussion was held on a swimming pool and fence currently located on the easement. 

Jimmie Vestal, 6310 62 nd Street, provided information on previous flooding problems in this 

area and stated he is opposed to vacating any part of this property because he does not want 

anything blocking the flow of floodwater. 

Dean Buxton, 6420 62 nd Street, stated he is opposed to this item and is concerned if this 

becomes a right-of-way something will be constructed to obstruct the natural tendency for 

water to go into the lake. 

City Clerk Corna read a memo in opposition to this item from John Maruszak of 6430 62 nd 




Street. 

Gerald Ambrose, 6350 62 nd Street, stated he is opposed to any vacation of right-of-way that 

would impede the natural water flow in this area. 

Joe Shelley, 6035 86 th Avenue, spoke in opposition to this item and provided pictures and 

information on this area. 



DENY Resolution No. 05-49. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


Councilman Butler directed staff to work with Pinellas Park Water Management District to 

make the necessary drainage improvements in this area. 

Mayor Mischler directed staff to determine if there are any obstructions in the right-of-way. 

Councilwoman Bradbury stated the Planning and Zoning Commission does a tremendous job 

for the City and Council doesn’t normally go against their recommendations, but the drainage 

for the community must come first. 

Councilman Taylor stated Council had additional information and additional residents 

speaking in opposition to this item that the Planning and Zoning Commission did not have to 

consider. 

P5 

CONSIDERATION OF A CONDITIONAL USE TO ALLOW THE EXPANSION OF 




“JUNK YARDS, SCRAP AND SALVAGE YARDS”, IN THE “IH” HEAVY 

INDUSTRIAL DISTRICT WITH WAIVER OF THE CONDITIONAL USE SPECIAL 

REQUIREMENTS FOR: LANDSCAPE BUFFERING, SHIELDING 

REQUIREMENTS FOR STORED MATERIALS, AND FOR THE HEIGHT OF 

STORED MATERIALS ON A CERTAIN PARCEL OF PROPERTY LOCATED AT 

9380 67 TH STREET(CU 2005-24 – David J. Joseph Company/ URS Corporation) 

PUBLIC HEARING (QUASI JUDICIAL) 

The applicant is requesting this item to be tabled to the January 12 th 2006 City Council 

Meeting. Trademark is having a retreat for their employees and will not be able to attend the 

meeting. 


Mayor Mischler stated the applicant has requested this item be tabled until the Regular City 

Council Meeting of January 12, 2006. 



MOTION was made by Councilwoman Bradbury and SECONDED by Councilman Taylor 

to TABLE the consideration of a conditional use to allow the expansion of a “junk yards, 

scrap and salvage yards” in the “IH” Heavy Industrial District with waiver of the conditional 

use, special requirements for: landscaping, buffering, shielding requirements for stored 

materials, and for the height of the stored a certain parcel of land located at 9380 67 th Street. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


P6 

CONSIDERATION OF A CONDITIONAL USE FOR A “COMMUNICATION 




TOWER” IN THE “B-1” GENERAL COMMERCIAL ZONING DISTRICT FOR A 

PROPERTY LOCATED AT 4561 MAINLANDS BLVD. (CU 2005-37 Goldia 

Harris/Sprint) 


The applicant is requesting the consideration of a “Communication Tower”, a Conditional 

Use in the “B-1” General Commercial Zoning District. The applicant is requesting to utilize a 

“Crows Nest” antenna design. The “parent” tract is currently developed with an office 

building and cell site lease area with a 120-feet-high monopole and mechanical equipment 

enclosed with an eight-feet-high, chain link fence. The original site plan showed the 

construction of the monopole with the “Slick Array” flush mount antenna for AT&T. Sprint 

entered into a lease with AT&T to add an additional antenna and expand the cell site lease 

area. Sprint, unaware of the required “Slick Array” antenna be used on the tower, submitted 

plans to the City of Pinellas Park Building Development Division, was permitted, and 

installed the “Crows Nest” antenna. It was the original intent of the applicant to meet Code, 

however, unaware of the requirement that a “Slick Array” design was to be used. The 

antenna is up and working, therefore, the applicant is requesting the antenna be allowed to 

stay as designed. Surrounding land uses are: to the north, motel and parking lot; to the south, 

Mainlands Shopping Center; to the east, commercial plaza and offices; and to the west, 

vacant land. The proposal appears to be consistent with the Comprehensive Plan and will 

have no adverse effect on adopted levels of service for City infrastructure. At its meeting on 

November 3, 2005, the Planning and Zoning Commission recommended approval of the 

above request, with one condition. 



Andrea Lee representing LCC International, provided information on this item and 

respectfully requested Council let the tower remain as constructed. 

Councilman Taylor clarified Ms. Lee’s request was to approve the tower as constructed. 

Mayor Mischler asked how many company’s are on the tower? 

Ms. Lee stated there are two, possibly three but it was approved for one. 

Cecil Bradbury, 9400 50 th Way, provided information on the original approval of this item 

when it was agreed this tower would have slick array antennas. 

Mr. Bradbury provided information on slick array antennas and stated he thinks everybody 

on the pole should have slick array antennas. 

City Manager Gustafson stated Vice-Mayor Bailey-Snook requested he inform Council she is 




opposed to this being allowed as a crow’s next and she would like slick array. 

Ms. Lee stated there has been a sequence of errors and it is very costly to put different 

antennas up. 



to DENY a request to approve a Conditional Use for a “Communication Tower” utilizing a 

“Crows Nest” antenna design in the “B-1” General Commercial Zoning District based on the 

staff report and the criteria found in Section 18-1509.4(B) & (C) with the following 

condition: 

1. There shall be no additional “Crows Nest” antennas on the existing 

communication tower. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

MOTION FAILED 

Councilwoman Bradbury stated cell phone towers are a necessity but the more unobtrusive 

the better for everybody. 

Mayor Mischler stated he is voting against the motion even though he is a firm believer in 

slick array antennas, but when this was permitted staff allowed them to build the crows nest. 

Discussion was held on when the crows nest was constructed. 

Councilman Butler stated he thinks the City was just as much at fault for issuing the permit 

knowing the conditions on the tower. 

Councilman Taylor stated cell towers are everywhere and slick array antennas are sleeker and 

fault may be decided later. 

Ms. Lee suggested a condition be placed on the approval to let it remain, but if the antennas 

are changed, then replacements would have to be slick array. 

Discussion was held on the lifetime expectancy of crows nest antennas. 




Ms. Lee explained it is very difficult to find contractors and equipment. 

Councilman Butler suggested providing a conditional use requiring the antenna to be 

replaced in five years. 

Councilwoman Bradbury stated the antennas are built and made to last and she wishes the 

proposed five years would be reconsidered. 

Council discussed tabling this item. 

MOTION was made by Councilman Butler and SECONDED by Mayor Mischler to 

APPROVE a MOTION to approve a Conditional Use for a “Communication Tower” 

utilizing a “Crows Nest” antenna design in the “B-1” General Commercial Zoning District 

based on the staff report and the criteria found in Section 18-1509.4(B) & (C) with the 


1. To be removed within five years. 

Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 






None 

MOTION FAILED 

Discussion was held on the responsibility for the wrong antennas being installed. 

Councilwoman Bradbury asked if the motion was to deny and it was a two-two vote doesn’t 

it stop at that point? 

Attorney Denhardt stated it would stop if there was no other motion made. 

Attorney Denhardt stated the original conditional use remains unless the applicant reapplies 

later. 

Attorney Denhardt stated it is up to the City to determine whether they will seek any 

enforcement if a use is there that doesn’t have a conditional use granted for it. 

P7 

CONSIDERATION OF A CONDITIONAL USE TO EXPAND A MULTIFAMLY 




DEVELOPMENT WITH A DENSITY OF UP TO 15 UNITS PER ACRE IN THE “R- 

6” MULTIFAMILY RESIDENTIAL/COMMERCIAL ZONING DISTRICT, WITH A 

VARIANCE TO THE WESTERN SIDE YARD SETBACK FROM 23.5 FEET TO 18 

FEET, ON A CERTAIN PARCEL OF LAND LOCATED EAST OF 7800 BELCHER 

ROAD. (CU 2005-38/BOA 2005-58/Randall Hendricks/Burcaw and Associates) 

PUBLIC HEARING (QUASI JUDICIAL) 

According to the Property Appraiser’s Office, the eastern portion of this parcel was 

developed in 1985 with 25, multifamily units in two buildings. The applicants subsequently 

purchased the 50-feet-wide parcel to the west in order to develop additional apartments, as 

well as add some amenities (pool) to the site. The City Attorney advised that the parcel 

could be considered separately when considering density. The applicant proposes to develop 

five additional units on the western 50 feet, which results in a density of 14.29 units per acre. 

The applicant is also requesting a variance to the western side yard setback from 23.5 feet to 

18 feet. To the west of the proposed development is a large ditch and the recreation area for a 

mobile home park. A landscape buffer, including trees every 30-linear-feet and a six-foothigh 

solid fence is proposed on the west and north property lines abutting the new 

development. At its meeting on November 3, 2005, the Planning and Zoning Commission 

recommended APPROVAL of this request, subject to conditions. 



Andrew Greenwood, 6204 W. Linebaugh Avenue, Tampa, stated he is the Project Engineer 

and this is being requested again since it has expired. 

Randall Hendricks, 11777 Marlow Lane, Seminole, stated he is the owner of the property and 

he has been working with zoning and he is in the process of obtaining a unity of title. 

Randy Heine, 7451 Park Boulevard, stated the application for the conditional use increases 

the density and allowability of units. 

Mr. Heine stated he thinks it is time to send a message for less density per acre and the owner 

doesn’t live in Pinellas Park so it is different than when a resident wants to do this. 






to APPROVE a request to expand a multifamily development with a density of 15 units per 

acre with a variance to the side yard setback from 23.5 feet to 18 feet, for property located at 

7800 Belcher Road, based on the staff report and the criteria found in Section 18-1509.4(B) 

& (C), Conditional Use Regulations, and Section 18-1504.3, Board of Adjustment, of the 

Land Development Code, subject to the following conditions: 

1. A Unity of Title document must be provided tying the two parcels together 

for development purposes. 

2. The western side yard setback shall be 18 feet and shall be only for the 

proposed apartment building. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


Councilman Butler stated five units will be added to this site and the quality of life issues are 

improved by adding a swimming pool and recreation type areas. 

Councilwoman Bradbury stated these are affordable apartments for people working in the 

community. 

Mayor Mischler stated no one living in the immediate area is objecting to this item and he 

does not think it is a major impact on the area. 

P8 CONSIDERATION OF THE ESTABLISHMENT OF A “FINANCIAL 




INSTITUTION, DRIVE-THRU”, A CONDITIONAL USE IN THE “B-1” GENERAL 

COMMERCIAL ZONING DISTRICT GENERALLY LOCATED WEST OF 7101 

PARK BOULEVARD (CU 2005-42 – Achieva Credit Union/Kurt B. Hinrichs). 


The applicant is proposing the development of a drive-thru financial institution on a 1.22 

acres lot located west of 7101 Park Blvd. 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, Lowe’s; to the south, PVC Furniture Manufacturer; 

to the west, a retail plaza with Washington Mutual Bank with drive-thru, Quiznos, and Super 

Cuts; and to the east, CVS Pharmacy with drive-thru. On November 3, 2005, the Planning 

and Zoning Commission recommended approval of the request. 






to APPROVE after review of the Conditional Use criteria of Section 18-1509.4, the 

requirements for “Financial Institution, Drive-Thru”, therefore Councilman Taylor moves to 

APPROVE Case No. CU 2005-42. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 






IV. 


FIRE 

C1 

AUTHORIZATION FOR PURCHASE OF ONE LIFEPAK 12 DEFIBRILLATOR, 

SOLE SOURCE SPECIFICATIONS – Medtronic Emergency Response Systems 

This authorizes the purchase of one Lifepak 12 Defibrillator from Medtronic Emergency 

Response Systems, 11811 Willows Road N. E., Redmond, WA 98073 as a cost of 

$23,113.80 to be charged to account 001-231-5-621-08. The amount budgeted for this 

purchase is $26,750. 

Authorization to purchase, from Medtronic Emergency Response Systems, one Lifepak 12 

Defibrillator at a cost of $23,113.80 to be charged to the appropriate account. 

C2 

AUTHORIZATION FOR PURCHASE UNDER EXISTING PINELLAS COUNTY 

SUBSCRIBER RADIO CONTRACT – Radios – Fire Department 

This authorizes the purchase of ten XTL 5000 W9 mobile radios at $4,579 each, 15 VRM 

850 Motorola Data Radio Modems at $1,960 each, and 15 software packages for the Data 

Radio Modems at $290 each, under existing Pinellas County Subscriber Radio Contract from 

Motorola for a total cost of $79,540. The amount budgeted for radios in account 001-222-5- 

621-08 is $9,158 (budget book page 181), in account 001-223-5-621-08 is $9,158 (budget 

book page 187), in account 001-224-5-621-08 is $9,158 (budget book page 193), in account 

001-225-5-621-08 is $9,158 (budget book page 201), and in account 001-231-5-621-08 is 

$18,316 (budget book page 208). In the same accounts, the following amounts are budgeted 

for laptop computers; $10,000, $8,000, $10,000, $10,000, and $32,000. 

Authorization to purchase, under Pinellas County Subscriber Radio Contract from Motorola, 

ten XTL 5000 W9 mobile radios, 15 VRM 850 Motorola Data Radio Modems, and 15 

software packages for the Data Radio Modems in the amount of $79,540 to be charged to the 

appropriate accounts. 




POLICE 

C3 

AUTHORIZATION FOR DONATION — YOUTH SERVICES SECTION 

The Pinellas Park Police Department is mandated by the Florida State Legislature to donate 

15% of confiscated funds. The donation will be used to purchase drug-free resistance 

materials for the Police Department’s D.A.R.E. Program. 

Authorization for donation to the Pinellas Park Police Department Youth Services Section in 

the amount of $4,214.00 from the Confiscated Property Fund Balance to Confiscated 

Property Fund Operating Account 104-212-5-331-09. 

C4 ORDINANCE NO. 3401. ORDINANCE AMENDING CHAPTER 12 (HEALTH 

AND SANITATION), ARTICLE I “PROHIBITED CONDITIONS”, BY CREATING 

A NEW SECTION 12-110 “NUISANCES, INJURIOUS TO HEALTH” 


The City is in need on an Ordinance addressing the elimination of pests and other insects 

from vacant properties and buildings not to be demolished and to provide for remedies for 

non-compliance. 


ITEM C5 WAS DELETED FROM THE AGENDA 




PUBLIC WORKS 



CHIEF’S ASSOCIATION, BID NO. 05-13-0822/04-12-0823-QE510-QE065 - One Ford 

F-650 Chipper Truck – For Parks Division 

This 2006 Ford F-650 Truck is an addition to the fleet. This new truck will be used daily 

throughout the city for catching the chipper debris & hauling the chipper. The amount 

budgeted in account 501-731-5-661-09 for this expenditure is $56,500 and can be found on 

page 421 of the 05/06 budget. 


Counties and Florida Fire Chief’s Association Bid No. 05-13-0822/04-12-0823-QE510- 

QE065 – One 2006 Ford F-650 Truck for the Parks Division from Atlantic Truck Center, Ft. 

Lauderdale, Florida, at a total cost of $56,397 to be charged to the appropriate account. 

C7 

AUTHORIZATION TO PURCHASE UNDER STATE OF FLORIDA DEPARTMENT 

OF TRANSPORTATION CONTRACT ITB-DOT-04/05-2005 BH — One 2005 

Vermeer BC1400XL Wood Chipper, Trailer Mounted — For Parks Division 

This 2005 Vermeer Wood Chipper is an addition to the Fleet. This new Vermeer Wood 

Chipper will be used by the Parks Division to do tree maintenance throughout the city’s 

parks and facilities. The amount budgeted in account 501-731-5-661-09 for this expenditure 

is $32,450 and can be found on page 421 of the 05/06 budget. 

Authorization to purchase under State of Florida Department of Transportation contract ITB- 

DOT-04/05-2005 BH from Vermeer Southeast Sales & Service, Clearwater, Florida, One 

Vermeer BC1400XL Wood Chipper, trailer mounted at a cost of $29,675 to be charged to the 



700-05-1 - Spec: 122 - One 2006 International Dump Truck for Drainage Division. 

This 2006 International Dump Truck is a replacement for asset 6690. This new dump truck 

will be used by the Drainage Division for work throughout the City. The amount budgeted in 

account 501-414-5-661-09 for this expenditure is $50,000 and can be found on page 422 of 

the 05/06 budget. 

Authorization to purchase under Florida State Contract 070-700-05-1 from International 

Truck and Engine Corporation, Duluth, Georgia, One 2006 International Dump Truck at a 

cost of $49,498 to be charged to the appropriate account. 





700-05-1 - Spec: 122 - One 2006 International Dump Truck for Streets Division. 

This 2006 International Dump Truck is a replacement for asset 5693. This new dump truck 

will be used by the Streets Division for work throughout the City. The amount budgeted in 

account 501-412-5-661-09 for this expenditure is $50,000 and can be found on page 422 of 

the 05/06 budget. 

Authorization to purchase under Florida State Contract 070-700-05-1 Spec: 122 from 

International Truck and Engine Corporation, Duluth, Georgia, One 2006 International Dump 

Truck at a cost of $49,498 to be charged to the appropriate account. 


C10 RESOLUTION NO. 05-51. ACCEPTING RESPONSIBILITY FOR FUTURE 

MAINTENANCE OF THE RECONSTRUCTED ROADWAY AT 60 TH STREET 

NORTH FROM 126 TH AVENUE NORTHWARD TO THE BEGINNING OF 

PINELLAS COUNTY ROAD MAINTENANCE; AND PROVIDING FOR AN 



This resolution is required by the existing Economic Development Transportation Fund 

(EDTF) Agreement between the City and the State of Florida Office of Tourism, Trade, and 

Economic Development (OTTED). Through this agreement, the State is providing up to 

$200,000 for the reconstruction of 60 th Street North from 126 th Avenue northward to the 

beginning of Pinellas County road maintenance at 13088 60 th Street North. The resolution 

obligates the City to provide for future maintenance of the reconstructed roadway. All 

necessary right-of-way for the project has been acquired by the City. 

C11 



NORTH - (SHARON A. NOELL – AX06-17) 








C12 

ORDINANCE NO. 3402. AN ORDINANCE AMENDING ORDINANCE NO. 1617, AS 

AMENDED, BY AMENDING: SECTION ONE “FINDINGS OF FACT”, BY 

AMENDING PARAGRAPH NO. 9 BY ADDING ADDITIONAL RESIDENTIAL 

DEVELOPMENT IN PINELLAS PARK, BY AMENDING PARAGRAPH 5 

“COMPATIBILITY”, PARAGRAPH C BY PROVIDING FOR ADDITIONAL 

RESIDENTIAL DEVELOPMENT; BY AMENDING SECTION FOUR 

“CONDITIONS OF DEVELOPMENT APPROVAL,” BY AMENDING PARAGRAPH 

13 “INCREMENT SCHEDULE”, PARAGRAPH D BY PROVIDING FOR 

ADDITIONAL RESIDENTIAL DEVELOPMENT; BY AMENDING SECTION 

FOUR “CONDITIONS OF DEVELOPMENT APPROVAL” PARAGRAPH 19 

“TRAFFIC CIRCULATION” BY PROVIDING FOR ADDITIONAL RESIDENTIAL 

DEVELOPMENT BY ADDING A NEW PARAGRAPH C AND ADOPTING A NEW 

EQUIVALENCY MATRIX; PROVIDING FOR A FINDING OF NO SUBSTANTIAL 

DEVIATION; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF 

ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH 

CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. (MS 2005-40 Gateway 

Centre Development) 


(PUBLIC HEARING JANUARY 26, 2006) 

The applicant is requesting an amendment to the DRI development order that, if approved, 

would allow the use of a trade-off mechanism to convert existing development entitlements 

to residential uses. This amendment would cap the conversion at 900 dwelling units, 200 of 

which could be single family detached units (includes existing 300 MF units already 

constructed). The developer has added a condition of approval requiring confirmation from 

the City that water, wastewater and solid waste capacities are available for the development 

of any residential uses. If the City Council approves the ordinance, it is with the finding that 

the proposed amendment is determined not to create a substantial deviation from the terms of 

the development order and shall not be subject to further DRI review; and, all previous DRI 

conditions of approval shall remain in full force and effect. 





appropriate, Items C1 thru C4 and C6 thru C12 inclusive, with Item C5 being deleted, with 

Items C4, C11 and C12being First Reading Prior to Public Hearing and Items C10 being First 

and Final Reading, and SECONDED by Councilman Taylor. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 






POLICE 

R1 

RE-APPOINTMENT TO CODE ENFOREMENT BOARD — David Kuperman, Gene 

Lofgren and Robert Detweiler 

The terms of Code Enforcement Board members David Kuperman, Gene Lofgren, and 

Robert Detweiler will expire in December 2005. Mr. Kuperman, Mr. Lofgren, and Mr. 

Detweiler have stated they would like to serve on the Code Enforcement Board for another 

three-year term. 


APPROVE the appointment to the Code Enforcement Board of David Kuperman, Gene 

Lofgren, and Robert Detweiler, with term to expire December 2008. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


Randy Heine, 7451 Park Boulevard, stated he is opposed to the re-appointment of David 

Kuperman because he has been on the board since 1987 and Council needs to think about 

term limits. 

Mayor Mischler stated each board selects it’s own chairman. 





R2 

REAPPOINTMENT TO EQUESTRIAN BOARD — Patricia Macfarlane 

The term of Patricia Macfarlane will expire December 31, 2005. She has expressed an 

interest in continuing to serve on the Equestrian Board for a three-year term. Ms. Macfarlane 

was a board member from 2000-2003 and in 2004 she was appointed to fill a vacant 

unexpired position. She has a good attendance record and the Board recommends her 



APPROVE the reappointment of Patricia Macfarlane to serve as a member of the Equestrian 

Board for a three-year term to expire December 31, 2008. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 





R3 

REAPPOINTMENT TO RECREATION BOARD — Michael C. Lohden and Mary 

Ann Smith 

The terms of Michael C. Lohden and Mary Ann Smith will expire December 31, 2005. They 

have expressed an interest in continuing to serve on the Recreation Board for two-year terms 

to expire December 31, 2007. Mr. Lohden and Ms. Smith have been Board members since 

1998 and 1994 respectively. Their attendance is good and the Recreation Board recommends 

their reappointment. 


APPROVE the reappointment of Michael C. Lohden and Mary Ann Smith to serve as 

members of the Recreation Board for two-year terms to expire December 31, 2007. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 






R4 

RECEIPT OF RESIGNATION FROM THE PLANNING AND ZONING 

COMMISSION — Debra Anspaugh 

Ms. Debra Anspaugh, a regular member of the Planning and Zoning Commission, has 

submitted a letter of resignation from Commission effective October 2005. She has 

relocated to Ocala, Florida with her present employer. Ms. Anspaugh has been with the 

Commission since August 3, 1999. 


ACCEPT with regret, the resignation of Debra Anspaugh, as a regular member of the 

Planning and Zoning Commission. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


Councilman Taylor stated Ms. Anspaugh will be missed because she has moved out of the 

City and she did a very nice job. 




R5 


AGREEMENT WITH SHARON A. NOELL (AX06-17) — Annexation of 0.14 acres 




Sharon A. Noell 



1-Year Projected Total $228.60 $0.00 $3,000. 

5-Year Projected Total $1,143.00 $3,000. 


♦ Waive City land development fees for 60 months ($3,000.) 


APPROVE authorization for Mayor to sign a voluntary Annexation Agreement with Sharon 

A. Noell for annexation of 0.14 acres MOL of contiguous residential property located at 6043 

105 th Terrace North. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


Randy Heine, 7451 Park Boulevard, stated he is opposed to waiving any fees. 

R6 

CONSIDERATION OF A REQUEST FOR A PRELIMINARY SITE PLAN 

APPROVAL IN THE “M-1” LIGHT INDUSTRIAL DISTRICT FOR “OUTDOOR 




STORAGE” WHEN FUNCTIONALLY ABUTTING A RESIDENTIAL ZONING 

DISTRICT, FOR A CERTAIN PARCEL OF LAND GENERALLY LOCATED WEST 

OF 4101 62 ND AVENUE. (MS 2006-6 Carolyn Dillon) 


The applicant is proposing an outdoor storage use for landscaping material. The parcel is 

functionally abutting a residential zoned area in Pinellas County to the south. Therefore, the 

Site Plan is subject to approval by City Council. The site is enclosed by a solid wall and solid 

gate. Site inspection reveals that the subject property is located mostly in an industrial 

neighborhood with a residential area to the south. Land Uses in the surrounding area to the 

north are vacant industrial land; to the east, an auto repair facility; to the west, vacant 

industrial land; and to the south, Lakeside Terrace Subdivision and a retail commercial plaza. 

The parcel fronts on 62 nd Avenue, a Major Collector. The applicant is not requesting any 

waivers. 



APPROVE a request for a Preliminary Site Plan Approval in the “M-1” Light Industrial 

District for “Outdoor Storage” when functionally abutting a Residential Zoning District. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


Carolyn Dillon stated she is the applicant and currently owns a business down the street but 

she is looking to move. 

Discussion was held on the previous use of the property. 

Assistant City Manager Shevlin stated this site was a site for storage of brush material. 

Councilwoman Bradbury stated this property is basically surrounded by businesses but nicer 

landscaping should be placed by Crystal Lakes. 




Ms. Dillon stated she plans on landscaping to requirements and to keep it up and provided 

pictures and information about the property. 

Councilman Butler stated if that was his truck shown in one of the presented pictures he was 

not looking at the property for any decision making. 

R7 

CONSIDERATION OF A REQUEST FOR A PRELIMINARY SITE PLAN 

APPROVAL IN THE “M-1” LIGHT INDUSTRIAL DISTRICT FOR A CERTAIN 




PARCEL OF LAND FUNCTIONALLY ABUTTING A RESIDENTIAL ZONING 

DISTRICT AND GENERALLY LOCATED AT 4650 62 ND AVENUE. (MS 2006-2 

Molex Inc./Bill Cannon) 


The applicant is proposing adding two permanently mounted emergency back-up generators 

to the existing site. The generators will be located over 500 feet from the functionally 

abutting residential zoned property to the south. The Site Plan is subject to approval by City 

Council due to the residential district. Site inspection reveals that the subject property is 

located mostly in an industrial neighborhood with a residential area to the south. The parcel 

fronts on 62 nd Avenue, a Major Collector. The applicant is not requesting any waivers. The 

applicant has also stated that the generators have been located on the site for over a year as 

trailer mounted units and have been tested periodically at all times of the day and week. 

Records indicate no complaints have been generated against this site. 



to APPROVE a request for a Preliminary Site Plan Approval in the “M-1” Light Industrial 

District when functionally abutting a Residential Zoning District. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


Bill Cannon, Cannon Power Systems, stated he is the Project Manager and requested Council 

approve this project. 

R8 

CONSIDERATION OF A REQUEST FOR A WAIVER TO ALLOW A SIX-FOOT- 

HIGH, CHAIN LINK FENCE TO SHIELD AN OUTDOOR STORAGE AREA FROM 






49 TH STREET. (MS 2006-2 Harold Singer) 


This site is currently utilized by the applicant for Used Auto Sales, Heavy Auto Repair and 

Outdoor Storage. The site is double fronted and abuts 49 th Street to the west and 47 th Street to 

the east (rear of property). The outdoor storage is essentially shielded from 49 th Street by the 

building with a solid gate providing access to the rear of the property. The rear of the 

property is fenced with a six-foot-high, chain link fence. That portion of the fence abutting 

47 th Street is the portion required to be shielded by a solid wall. Site inspection reveals that 

the subject property is located in an industrial neighborhood. To the north, south, east and 

west are industrial zoned properties. Two other storage uses are located to the north of the 

parcel. One is shielded by a chain link fence and the other by a combination of PVC, wood 

and chain link fencing. The other outdoor storage uses are not as intense as the storage on 

this site. In determining whether or not to grant a request to allow a six foot high, chain link 

fence, City Council shall consider the following criteria: use of abutting properties, right-ofway 

classifications, extent of existing solid fencing within the surrounding area, fence or 

alternative shielding device materials proposed, length of proposed fence/wall, and type of 

materials being stored. 

ALL PARITES WERE SWORN IN PRIOR TO THEIR TESTIMONY 

Mayor Mischler stated the applicant requested this item be tabled to the Regular Council 

Meeting January 12, 2006 

MOTION was made by Councilwoman Bradbury , and SECONDED by Councilman Taylor 

to TABLE a request for a waiver to the requirement for a six-feet-high, masonry wall to 




shield outdoor storage areas visible from 47 th Street, replacing said wall with a six-feet-high, 

solid, wood fence. 


Voting Yea: 

Voting Nay: 

Absent: 

Abstaining: 





None 


None 


MISCELLANEOUS 

M1 

COMMUNITY SPIRIT IN THE PARK 

Councilman Taylor gave a picture presentation showing Community Spirit in the Park 

hanging holiday lights along Pinellas Park roadways. 

Councilman Taylor thanked Cecil Bradbury and Community Spirit in the Park volunteers for 

their hard work that everyone will enjoy. 

Cecil Bradbury, 9300 50 th Street, stated Community Spirit in the Park is celebrating it’s 26 th 

year of putting up decorations in Pinellas Park and provided information on the system used 

to hang the holiday lights 

Cecil Bradbury stated some of the holiday decorations need to be painted and a facility is 

needed for a few months to do the work. 

Councilwoman Bradbury thanked the volunteers who have helped Community Spirit in the 

Park for so many years. 

M2 

HOLIDAY PARADE 

Councilman Butler thanked everyone for their participation and effort with the Holiday 

Parade that turned out fantastic. 

M3 

HAPPY HOLIDAYS 




Mayor Mischler wished everyone safe and happy holidays. 

M4 

LEGAL BILLS 

Randy Heine, 7451 Park Boulevard, requested Council go through Attorney bills and cut 

them back. 

Mayor Mischler stated previous legal bills were almost twice as high as now and explained it 

is the City Attorney’s field to do legal research and keep the City out of lawsuits. 

Mr. Heine stated if people are educated they should be able to figure laws out for themselves. 

Councilman Butler stated Council is representing the people by having an attorney to look at 

these laws. 

Councilman Butler stated Mr. Heine’s name is on the City Attorney bill because he makes 

numerous public records requests that require attorney review. 

Discussion was held on Mr. Heine’s public records requests and where city employees live. 

M5 

CHRISTMAS TREE 

Randy Heine, 7451 Park Boulevard, presented a Christmas tree that means Christ’s birthday 

to him and wished Council Merry Christmas. 

ADJOURNMENT 


Attest: 

_____________________________________ 



_____________________________________ 


Mayor 

/cgg

2005 complete year - City of Pinellas Park

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