FINAL AGENDA AND MINUTES TOWN OF JUPITER TOWN

FINAL AGENDA AND MINUTES
TOWN OF JUPITER
TOWN COUNCIL REGULAR MEETING
COUNCIL CHAMBERS
TUESDAY, MARCH 5, 2013
The meeting was called to order by Mayor Golonka at 7:05 P.M.
Roll Call: Mayor Karen J. Golonka; Vice-Mayor Todd R. Wodraska; Councilor Wendy
Harrison; Councilor Jim Kuretski; Councilor Thomas J. McCarthy; Town Manager Andrew
D. Lukasik; Town Attorney Thomas J. Baird; and Town Clerk Sally M. Boylan.
Mayor Golonka welcomed Boy Scout Troop 173 and their leader, Mr. David
Nickerson from Jupiter.
CITIZEN COMMENTS
Attorney Dan Logan, on behalf of Mr. and Mrs. Branch and several other members
of the Yacht Club community, spoke in opposition to the application for a boat lift.
He explained every dock built in the community had been parallel to the shoreline
and this proposed boat lift was perpendicular to the shoreline and has caused
concern. He felt the application violated areas of the code.
Mr. Stuart Montgomery, resident of Waldemar Road, opposed the boat lift. He
distributed a handout and petition to the Council. He added the Town encouraged
the boats be parallel to the shore and felt this could be a win-win situation.
Ms. Jane Branch, resident of Paulina Road for over 45 years, said she and her
husband were opposed to the application. She felt it would not meet the intent of
the code.
Mr. Chris Connell, resident of Paulina Road, owned a 34 foot boat and never
considered any dock except parallel.
Mr. Kris Heiser, resident of Elsa Road for 16 years and abutted the proposed boat
lift to the east. Instead of two sides of water, he said with the proposed boat lift he
would have one side of water and a boat to view. He distributed photos to the
Council. He noted he was not opposed to the boat lift, only that it be turned and
not stand out 38 feet into the canal.
Mr. James Roswell, resident of Elsa Road, opposed the configuration of the
proposed boat lift and said it should be parallel.
Ms. Dixie Dodd, resident of Paulina Road, thought everyone could be happy if the
applicant conformed to the code.
Ms. Pam Grabonski, resident of Paulina Road for 30 years, said she felt the
neighborhood was unique and should be considered historic old Florida. She
strongly opposed the boat lift.
TC Minutes Page 2
March 5, 2013
CITIZEN COMMENTS
The following people did not wish to speak but were opposed to the proposed boat
lift:
Mr. and Mrs. Raymond Baird, residents of Paulina Road
Ms. Jean Heiser, resident of Elsa Road,
Mr. Von Connell, resident of Paulina Road
Ms. Patricia Pearse, resident of Elsa Road.
Mr. and Mrs. V. Donald Hilley, residents of Eganfuskee Street.
Mr. Bruce Lyon, resident of Normandy Way in Palm Beach Gardens and father of
previous speaker Mr. Kris Heiser, thought it was in violation of the Florida Marine
Patrol if the boat extended past the end of the boat lift.
Mr. Paul Jablonski, resident of Elsa Road and the applicant explained the process
he went through regarding the boat lift. He said they received letters of opposition
from neighbors and changed the design of the boat lift to accommodate the
neighbors.
Ms. Michele Kovach, resident of Elsa Road and the applicant said they have not
tried to put in anything that was not permitted. She added their property was
unique and could do a perpendicular boatlift.
Mr. Charles Leal, resident of Body Court, opposed the boat lift and felt it was
problematic. He thought they had the room to have parallel boat lift.
Ms. Christine Coolery, resident of Waldemar Road, opposed the boat lift for safety
concerns with paddle boarding.
Mr. Lukasik agreed to evaluate the concerns and report back to the Council.
Mayor Golonka indicated the Council would look at the materials and would inform
adjoining property owners prior to any action by the Town.
Ms. Carolyn Callahan, resident of Sweet Bay Circle, voiced concerns regarding the
maintenance of the parking garage across from Roger Dean Stadium. She felt this
presented a negative appearance to visitors attending events. She suggested
posting a phone number in the garage to report issues.
Mr. Francis Childs, resident of Barbados Drive, spoke about oak trees and
presented pictures. He added the trees dropped acorns on the lawns and streets
and the maintenance was continuous. He mentioned the sidewalks became
slippery from the droppings.
Mayor Golonka asked Staff to review and report back to the Council.
TC Minutes Page 3
March 5, 2013
MINUTES:
1.
February 19, 2013 Town Council Regular Meeting.
Councilor Kuretski asked for corrections to his ex-parte communications regarding
Clocktower Hammock.
Vice-Mayor Wodraska moved to approve the February 19, 2013 Town Council
Regular Meeting minutes, as amended; seconded by Councilor Harrison; motion
passed.
Golonka
Yes
Wodraska
Yes
Harrison
Yes
Kuretski
Yes
McCarthy
Yes
PRESENTATION:
2.
Utility Financial Update.
Mr. David Brown, Director of Utilities, mentioned a concern raised at the 2012
Water Utility Master Plan Update, which was the ultimate potential for an under
recovery of connection fees to offset the expansion related Capital within the Water
Utility. He added Staff agreed to do a full historical reconciliation of not only
connection funds but of all other sub funds and the enterprise fund. He introduced
the Utility financial consultant Mr. Rob Taylor of Hazen and Sawyer. Mr. Sawyer
introduced Mr. Robert Ori of Public Resources Management Group and mentioned
both firms worked closely with the Utilities Department related to water and
stormwater utilities. Mr. Sawyer gave an overview and mentioned Jupiter had high
quality, award winning service, extremely competitive rates and financial stability.
Mr. Taylor discussed the three fund model of the utility; operation fund, connect fee
fund and the renewal and replacement fund. He mentioned the connection fees
had a shortfall in recovering the overall capital costs of the facilities. He noted the
shortfall was not atypical for utilities. He said it was impossible to have full recovery
of those costs for a number of reasons.
Councilor Kuretski asked for a written list of discretionary projects totally 12.7
million dollars. He felt it should be footnoted in the capital plan as to never lose
sight of it. Mr. Brown said the list can easily be provided.
Councilor Harrison mentioned she was looking forward to the projections of future
customers and added she wanted to look at refinancing while rates were low not
wait until budget discussions.
CONSENT AGENDA
All items listed in this portion of the agenda are considered routine by the Town Council
and will be enacted by one motion. There will be no separate discussion of these items
unless a Councilor or citizen so requests; in which event, the item will be removed and
considered at the beginning of the regular agenda.
TC Minutes Page 4
March 5, 2013
CONSENT AGENDA
•
Councilor Kuretski removed item #4.
Vice-Mayor Wodraska moved to approve the following Consent Agenda, as
amended; seconded by Councilor Harrison; motion passed.
Golonka
Wodraska
Harrison
Kuretski
McCarthy
Yes
Yes
Yes
Yes
Yes
Mayor Golonka will ask Staff questions about the illegal kitchens.
PUBLIC HEARINGS
COMMENT CARDS ARE REQUIRED FOR PUBLIC HEARINGS AND QUASI-JUDICIAL ITEMS
2.1
CONTINUED TO 03/19/13
Ordinance 5-13, First Reading, Historic and Archaeological Protection
Regulations - Town-initiated zoning text amendment to Division 35 of Chapter 27
to provide for an administrative certificate of appropriateness, amend
archaeological reporting requirements, clarify archaeological review requirements
for small-scale development, and relocate definitions. (Second Reading - 4/2/13)
3.
Ordinance 11-13, First Reading, Illegal Commercial Kitchens - amendment to
Sections 21-206,21-209 and 21-210 of the Town Code to define illegal commercial
kitchens in residential dwelling units and related owner and occupant
responsibilities. (Second Reading 04/02/13)
Title read by Mayor Golonka.
PUBLIC BUSINESS
4.
Council approval of a Budget Amendment for Lighthouse Park Irrigation
Restoration project in an amount of $200,000. MOVED TO REGULAR AGENDA
5.
Council approval of a Renewal Agreement and Supplemental Agreement NO.1 with
Terracon Services, Inc. for Landscaping and Irrigation Maintenance in a revised
contract amount of $515,329.96.
6.
Council approval of Forfeiture Funds to purchase items for the National Law
Enforcement Officers Memorial Fund in an amount of $1,000.
TC Minutes Page 5
March 5, 2013
CONSENT AGENDA
PUBLIC BUSINESS
7.
Confirmation of the Meeting Schedule:
Regular Town Council meetings are held first and third Tuesdavs at 7:00pm in Town
Hall Council Chambers
Town Council:
• Saturday, March 16, 2013 - 8:30 a.m. - 4:00 p.m. - Strategic Planning
Workshop- Town of Jupiter Community Center - 200 Military Trail.
END OF CONSENT
ITEM REMOVED FROM CONSENT AGENDA TO REGULAR AGENDA
CONTINUED TO MARCH 19,2013
4.
Council approval of a Budget Amendment for Lighthouse Park Irrigation
Restoration project in an amount of $200,000.
Councilor Kuretski requested more analysis of the hybrid option and asked to
continue the item. He added using Town water for irrigation was an expensive
proposition. Councilor Harrison was surprised at the high cost and agreed with
postponing.
Mr. Tom Driscoll, Director of Engineering and Public Works, noted Staff would look
at the hybrid but noted it was a marginal investment and would continue to
maintain. He said the site had been irrigated since it was built.
Councilor Kuretski moved to continue the Budget Amendment for Lighthouse Park
Irrigation Restoration project in an amount of $200,000 to March 19, 2013;
seconded by Councilor Harrison; motion passed.
Golonka
Yes
Wodraska
Yes
Harrison
Yes
Kuretski
Yes
McCarthy
Yes
REGULAR AGENDA
PUBLIC HEARINGS
COMMENT CARDS ARE REQUIRED FOR PUBLIC HEARINGS AND QUASI-JUDICIAL ITEMS
Vice-Mayor Wodraska moved to reorder the agenda to take agenda item # 13
before agenda item # 8; seconded by Councilor Harrison; motion passed.
Golonka
Yes
13.
Wodraska
Yes
Harrison
Yes
Kuretski
Yes
McCarthy
Yes
Ordinance 10-13, First Reading, Town of Jupiter Definition of "Club" - Zoning
text amendment to Section 27-1, entitled "Definitions" to modify the definition of a
club. (Second Reading - 04/02/13)
TC Minutes Page 6
March 5, 2013
REGULAR AGENDA
PUBLIC HEARINGS
13.
Ordinance 10-13, First Reading
Ms. Stephanie Thoburn, Assistant Director of Planning and Zoning, said on
February 12, 2013, the Planning and Zoning Commission voted unanimously to
approve the Staff recommendation regarding the zoning text amendment with no
modifications. She noted the Jupiter Ocean and Racquet Club (JORC) and their
attorney requested a modification regarding recreational clubs as an accessory
use in residential zoning districts. She explained the proposed language was to
address the public safety issue of social clubs. She added there was a need to
close the gap related to the commercial clubs and Staff's intention use for
recreational clubs was not to change significantly.
Ms. Elmire Figliuolo, resident of South U.S. Highway One and representing the
Jupiter Ocean and Racquet Club said they supported Ordinance 10-13 as written.
Councilor Harrison moved to approve Ordinance 10-13; seconded by Vice-Mayor
Wodraska; motion passed.
Title was read by Mayor Golonka.
Golonka
Yes
Wodraska
Yes
Harrison
Yes
Kuretski
Yes
McCarthy
Yes
Mayor Golonka asked for a motion to take Item 8 off the table. Vice-Mayor
Wodraska moved to take Resolution 2-13 off the table; seconded by Councilor
Harrison. Councilor Kuretski asked for discussion; Mr. Baird indicated it was not a
debatable motion. Motion passed.
Golonka
Yes
Wodraska
Yes
Harrison
Yes
Kuretski
No
McCarthy
Yes
Mayor Golonka noted that Items 8, 9, 10, and 11 would be taken together. Mr.
Baird reviewed where Council was in the process from the last meeting and
advised that Ordinance 2-13 was a text amendment at second reading and needed
to be adopted first to set the stage for the Sub-District Plan and the Site Plan
resolutions.
TC Minutes Page 7
March 5, 2013
REGULAR AGENDA
PUBLIC HEARINGS
8.
Ordinance 2-13, Second Readina, MXD Town Center Subdistrict Building
Allocation Requirements - Zoning text amendment to Section 27-990.9.5, to
modify the purpose and intent of the Town Center subdistrict and Section
990.9.5(a)(1), to modify the maximum percentage of ground floor residential of the
Town Center subdistrict in the Mixed Use Development (MXD) zoning district.
(Continued from 02/19/13)
9.
Resolution 12-13, Abacoa Town Center Subdistrict - Quasi-judicial
Amendment to an approved Subdistrict Master Site Plan to reallocate uses
between phases north and south of Avenue A, redistribute parking spaces for
stadium use, and to establish build to lines on 7004 ± acres, generally located west
of Central Boulevard, east of Parkside Drive, and north of Florida Atlantic
University. (Continued from 02/19/13)
10.
Resolution 13-13, Abacoa Town Center, Phase IV - Quasi-judicial - Site plan
application for two office buildings and rental apartments, including ground floor
flex space for commercial (retail/office) fronting on Main Street, located on 14A±
acres (Tracts TC-3R and TC-4R), east of Parkside Drive and south of the Antigua
development within the 70A± acre Abacoa Town Center. (Continued from
02/19/13)
11.
Resolution 88-12, Abacoa Town Center Plat No.4 - Providing for the approval
of the Plat Titled "Abacoa Town Center Plat NO.4". (Continued from 02/19/13)
Ex-parte Communications
• Vice-Mayor Wodraska had a telephone conversation last Thursday with Ms.
Audrey Wolf of Palm Beach County regarding the County's stance on
baseball and parking, and how they had come to an agreement with the
applicant on the operational parking plan. He met in his office on March 5,
2013 with Mr. Brian Cheguis, Mr. Scott Hedge, and Mr. George de
Guardiola who reiterated that the parking issues had been resolved. He
spoke with Mr. Lukasik on March 5, 2013 about other potential parking
solutions in Abacoa.
• Councilor Kuretski had several communications starting February 20, 2013.
He asked Mr. Don Hearing for more parking information and had email
exchanges that included Mr. Scott Hedge. He had a conversation with Mr.
Richard Rendina regarding parking, and spoke with Ms. Audrey Wolf about
her previous comments on parking. He also spoke with Mr. Lukasik on
March 4, 2013 regarding potential additional parking solutions.
TC Minutes Page 8
March 5, 2013
REGULAR AGENDA
PUBLIC HEARINGS
8.
Ordinance 2-13, Second Reading
9.
Resolution 12-13, Abacoa Town Center Subdistrict
10.
Resolution 13-13, Abacoa Town Center, Phase IV
11.
Resolution 88-12, Abacoa Town Center Plat No.4
Ex-parte Communications
• Councilor Harrison met on February 22, 2013 with Mr. Peter Lippman and
Ms. Beth Kelso at Suzy Q's Hometown Diner about the Gibbs Report,
parking, and retail. On February 26 she met with Mr. Richard Rendina, Mr.
Scott Hedge, the representative from NRP, and Mr. John Sickler at the
applicant's office regarding parking, commercial uses, and the mail center.
On March 1, 2013 she met with Ms. Audrey Wolf, Mr. Eric McClellan, and
John Sickler at Town Hall about baseball issues and future Town Center
development. She had telephone calls with the Charleston Court property
manager regarding the change in the proposed lighting condition, talked
with the Antigua property manager regarding parking and uses, and spoke
with Mr. Richard Rendina on March 5, 2013 about parking. She had
conversations with Staff and visited the garages on February 26, 2013 to
count cars and available parking spaces.
• Councilor McCarthy met with Ms. Audrey Wolf, one of her assistants, and
Mr. John Sickler about parking.
• Mayor Golonka met with Mr. Richard Rendina, Mr. George de Guardiola,
and Mr. Scott Hedge at Town Hall on March 1, 2013 and discussed site
planning issues and parking. She talked briefly last week with Mr. Lukasik
and Mr. Russ Ruskay about parking.
The Town Clerk swore in nine people.
Mr. John Sickler noted updated information had been provided to Council from
Staff and the applicant. He said the parking agreement provided for replacement
of the current grass parking with paved parking spaces that would occur with each
phase of development of the Town Center. He said parking was in excess of what
was needed for the residential and commercial Town Center uses. He said a
required parking management plan addressing signage and the traffic flow for
stadium events was a condition in Resolution 12-13 for completion by June 1,
2013. He explained the acquisition of the theater site by the Rendina Companies
freed up parking within the Phase II portion of Town Center. He added the
applicant had provided different buildout scenarios and there was a requirement to
remove office sites from Phase IV. He said there could be uses other than office
which would provide almost as much retail and restaurant uses because their
shared parking did not peak at the same time as the baseball use. He mentioned
400 parking spaces for baseball could be provided at South Jupiter Community
Park.
TC Minutes Page 9
March 5, 2013
REGULAR AGENDA
PUBLIC HEARINGS
8.
Ordinance 2-13, Second Reading
9.
Resolution 12-13, Abacoa Town Center Subdistrict
10.
Resolution 13-13, Abacoa Town Center, Phase IV
11.
Resolution 88-12, Abacoa Town Center Plat No.4
Mr. Scott Hedge of MXD Properties and representing the applicant introduced Mr.
Kurt Kehoe of the NRP Group. He said the County had sent a letter no longer
objecting to this application.
Councilor Kuretski received clarification from Mr. Sickler for the record that the
different development options were for information only, the theater removal was
not part of this application, the opportunity for that use still remained, and theater
parking reduction had not yet been contemplated. He added that a parking garage
similar to Phase I could go on one of the remaining parcels.
Councilor Kuretski received clarification that with the loss of one large area of
parking for baseball the parking control plan would be a transition to the next phase
that included parking at FAU before the three vacant sites were developed. He
said there should be no perception to baseball that there would be parking issues,
and the control plan enabled the Town to demonstrate how parking would work
differently. Mr. Sickler said parking would get better with signs directing people to
the available parking.
Mayor Golonka mentioned she had received negative responses from the applicant
to her requests to flip the non-commercial location with the commercial, and
requiring the flex use to become commercial at a particular point.
Mr. Kehoe
explained that they had taken the requests seriously, but they were very important
issues so the answer was still no on both points.
Councilor Harrison said she was now satisfied with the parking. She said the grass
parking was used first because of the signage and from her recent visit she
determined the parking garages were rarely filled during baseball games. She
liked the condition to have the three remaining parcels presented as one
application and felt it was important not to give up on the theater use or another
Town Center anchor. Councilor McCarthy indicated he was also supportive
regarding the parking.
Vice-Mayor Wodraska did not want to jeopardize baseball and was comfortable the
incentives from all parties were aligned so baseball was first and foremost. He
thought there might only be occasional parking issues for very large events.
Councilor Kuretski wanted an anchor comparable to the theater for Town Center
and to insure that use that would not conflict with baseball. He said the Town
needed to make a commitment to have parking above and beyond requirements to
mitigate risks and insure the commitment to baseball.
TC Minutes Page 10
March 5, 2013
REGULAR AGENDA
PUBLIC HEARINGS
8.
Ordinance 2-13, Second Reading
9.
Resolution 12-13, Abacoa Town Center Subdistrict
10.
Resolution 13-13, Abacoa Town Center, Phase IV
11.
Resolution 88-12, Abacoa Town Center Plat No.4
Mayor Golonka saw this parking plan as the best way to let the project go forward
without having all the answers for parking. She said insuring the ultimate parking
design worked for baseball and enhancing the commercial areas would be very
important to her. She noted the original plan had parking closer to Scripps and
people would have walked through the commercial area to reach the stadium.
Councilor Kuretski noted for the record there were representations on the parking
solutions that would require Council action. He was concerned with the applicant's
reluctance to make the residential units in this application commercial at a time
certain and suggested having a condition of no more future residential units in the
remaining commercial core. Mr. Sickler noted the super condition in Resolution
12-13 did not allow residential units in the core area without Council approval.
Councilor Harrison did not see the residential in this application as a negative after
reading Staff's review and the Gibbs Report. She said Abacoa did not need uses
as intense as Legacy Place, and this plan was the right intensity if there was an
anchor such as the theater or a small grocery. She felt this project contributed to
the existing commercial with the understanding there would be more activity on the
three remaining sites.
Mayor Golonka noted the Gibbs Report was one consultant's opinion and she was
disappointed with his analysis of this piece because it did not help her determine
the realistic expectations for Phase IV. She felt his prediction on the demand for
retailers was unrealistic, and he was so focused on connecting the Town Center to
Donald Ross he did not focus on Phase IV. She felt there was no real discussion
of the effect of office use on commercial success. She did not want to advocate
something that would never be realistic.
Mayor Golonka had a concern that more than half of one side of Main Street
closest to the stadium would be a rental office and amenities for the residential
units instead of retail. She had suggested flipping the plan and putting them on the
other side. She was disappointed with the applicant's answer regarding leasing
office visibility and questioned the applicant's concern for the commercial area's
viability. She was also concerned flex units would not convert to commercial use
and had suggested requiring their conversion based on a reduction in the vacancy
rate of Town Center. She felt their not offering a counter proposal showed a lack of
interest. She was also very disappointed in their marketing plan. She felt the
potential owner did not have a commitment to commercial or an understanding and
buy-in of the Abacoa concept and its long-term success. She would not be able to
support this project.
TC Minutes Page 11
March 5, 2013
REGULAR AGENDA
PUBLIC HEARINGS
8.
Ordinance 2-13. Second Reading
9.
Resolution 12-13. Abacoa Town Center Subdistrict
10.
Resolution 13-13. Abacoa Town Center. Phase IV
11.
Resolution 88-12. Abacoa Town Center Plat No.4
Mayor Golonka proposed flipping the non-residential away from the Town Center.
Councilor Harrison felt it was hard to put a requirement on something without
knowing the impact.
Mr. Kehoe spoke about the openness to specific changes and hoped this project
would not fall apart. He was supportive of Charleston Court and would install the
lights with their electrician rather than just give a check.
Councilor Harrison moved to approve the Second Reading of Ordinance 2-13;
seconded by Vice-Mayor Wodraska; motion passed.
Title read by Mayor Golonka.
Golonka
No
Wodraska
Yes
Harrison
Yes
Kuretski
No
McCarthy
Yes
Councilor Harrison moved to approve Resolution 12-13; seconded by Vice-Mayor
Wodraska; motion passed.
Golonka
Yes
Wodraska
Yes
Harrison
Yes
Kuretski
Yes
McCarthy
Yes
Vice-Mayor Wodraska moved to approve Resolution 13-13 as amended to include
the understanding of Condition 29 which were the lights at Charleston Court were
included; seconded by Councilor Harrison; motion passed.
Wodraska
Harrison
Kuretski
McCarthy
Golonka
Yes
Yes
Yes
Yes
No
Vice-Mayor Wodraska moved to approve Resolution 88-12; seconded by Councilor
Harrison; motion passed.
Golonka
No
12.
Wodraska
Yes
Moved to 2.1
Harrison
Yes
Kuretski
Yes
McCarthy
Yes
TC Minutes Page 12
March 5, 2013
PUBLIC BUSINESS
REPORTS
TOWN ATTORNEY - None.
TOWN MANAGER
• Assistant Town Manager Candidates - Mr. Lukasik reminded Council of the
reception scheduled for 5:30 P.M. on March 6,2013 at the Community Center.
TOWN COUNCIL - LIAISON REPORTS AND COMMENTS
COUNCILOR HARRISON
•
Gibbs Report - Councilor Harrison indicated she would have supported spending
$3,000.00 to schedule a presentation.
•
Metropolitan Planning Organization - Councilor Harrison distributed a copy of the
summary points from the February 21, 2013 Board Meeting and provided a brief
summary regarding quiet zones and the proposed change in membership.
•
Audit Committee - Councilor Harrison indicated information would be listed on the
Town's website.
COUNCILOR KURETSKI
•
Renewal of Waste Management Contract - Councilor Kuretski mentioned the
previous condition regarding the School District's payment of 50%. He suggested
the Town bring this significant savings to the attention of the School District.
Councilor Harrison mentioned the recent article regarding the successful carpool
programs at Limestone Creek and Jerry Thomas.
•
Baseball parking - Councilor Kuretski suggested the Town consider a Capital
Improvement Project to create 400 parking spaces near the Skate Park. Mr.
Lukasik agreed to provide additional information.
VICE-MAYOR WODRASKA
•
March 19, 2013 Town Council Meeting - Vice-Mayor Wodraska announced he
would not be attending the next Council meeting due to League of Cities and
Leadership Florida meetings in Tallahassee.
ADJOURNMENT -10:28 P.M.
Sally M. Boylan, Town Clerk
Karen J. Golonka, Mayor