AGENDA

FINAL AGENDA AND COUNCIL MINUTES TOWN OF JUPITER TOWN COUNCIL SPECIAL MEETING (POSTPONED MEETING OF AUGUST 19, 2008) COUNCIL CHAMBERS WEDNESDAY, AUGUST 20, 2008 Present: Mayor Karen J. Golonka; Vice-Mayor Wendy Harrison; Councilor Robert M. Friedman; Councilor Jim Kuretski; Councilor Todd R. Wodraska; Town Manager Andrew D. Lukasik; and Sally M. Boylan, Town Clerk. Town Attorney Thomas J. Baird arrived at 9:30 P.M. due to a previous commitment. PROCLAMATIONS: 1. Proclamation – Loxahatchee River Environmental Center Day Mayor Golonka presented the Proclamation to Dr. Albrey Arrington, Director of Water Resources for the Loxahatchee River District and Mr. Tommy Thompson, Chairman. MINUTES: 2. July 15, 2008 Regular Meeting and July 11, 2008 Special Meeting. Councilor Wodraska moved to accept the Minutes of July 15, 2008 Regular Meeting and July 11, 2008 Special Meeting; seconded by Councilor Friedman; motion passed. Golonka Yes Harrison Yes Friedman Yes Kuretski No Wodraska Yes PRESENTATIONS: 3. Nanofiltration Plant – Status Report Update Mr. David Brown, Director of Utilities presented a PowerPoint regarding Capital Improvement Construction and the status of the Nanofiltration Plant. He commented both stormwater pump station rehabilitations had been completed, which was fortunate with 9 inches of rain the previous day. He said both pumps in each station have generator power for emergencies. Mr. John Potts of Kimley-Horn and Associates noted the Nanofiltration Plan had been under construction since February 2008 and commented on several slides showing the construction phases since that time. He said the contractor was on schedule and they were hoping for an early completion around Spring 2010. Mr. Brown outlined a program where the Town purchased the large equipment to save sales tax; this saved $666,000. With change orders included, the total savings was $652,000. He said a reasonable amount of $1.56 million remained in contingency to allow finishing under budget. He thanked Ms. Amanda Barnes, Assistant Director of Utilities and Mr. Pott’s staff for working to keep costs down. Vice-Mayor Harrison suggested getting the word out about the success of the stormwater improvements in the recent rain event. TC Minutes Page 2 August 19, 2008 CITIZEN COMMENTS Ms. Mary O’Lear, resident of Ocean Way, explained she was on a committee for lighting on Ocean Way. She was disappointed the Town had not followed up on a previous request. Ms. O’Lear presented a petition with 60 signatures to the Council requesting the lighting issue be addressed and passed out two photos from Riverwalk Center. Mayor Golonka asked Mr. Lukasik to investigate the issues and provide a response. Mr. Philip Cipolla, resident of Berkshire Avenue, passed out a map of the Jupiter Riverwalk. He asked Council to review item 7 and felt the word Harbourside should be deleted. Mr. Robert McCormick, resident of Whitney Circle, spoke about liabilities for Town actions regarding the immigrant workers. He suggested the Town ensure the workers were U.S. citizens. 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. • • • • Mr. Lukasik added language to item 24. Councilor Friedman removed items 15 and 22. Vice-Mayor Harrison also removed item 15. Mayor Golonka removed item 16. Councilor Wodraska moved to approve the following consent agenda; as amended; seconded by Councilor Friedman; motion passed. Golonka Yes Harrison Yes Friedman Yes Kuretski Yes Wodraska Yes PUBLIC HEARINGS 4. POSTPONED BY STAFF TO 09/16/08 Ordinance 18-08, Second Reading, Marine Facilities - Zoning text amendment to modify Section 27-1396, entitled “Intent”, Section 27-1397, entitled “Seawall and Retaining Wall Regulations”, and Section 27-1399, entitled “Private Dock Regulations”. 4.1 POSTPONED BY STAFF TO 09/09/08 Resolution 4-08, Oak Point Plaza – Quasi-judicial - Site plan application to allow for a financial institution and retail uses, on an 11.6± acre property, located at the northeast corner of Indiantown Road and Carver Avenue. (continued from 07/15/08) TC Minutes Page 3 August 20, 2008 CONSENT AGENDA PUBLIC HEARINGS 4.2 POSTPONED BY STAFF TO 09/09/08 Ordinance 13-08, First Reading, Coastal Way Right-of-Way – Partial abandonment of the improved Coastal Way Right-of-Way, to include portions of Parcel 2, 3, 4, 5, 6, 106B, and 107; abandonment of an ingress-egress and utility easement; and abandonment of a Florida Power and Light easement; generally located on the west side of U.S. Highway One, north of Indiantown Road. (continued from 07/15/08) (Second Reading - 9/16/08) 4.3 POSTPONED BY STAFF TO 09/09/08 Ordinance 14-08, First Reading, Harbourside – Quasi-judicial - Application for a Planned Unit Development to allow a mixed use project consisting of retail, offices, restaurants, hotel, and marina, on 9.0± acres, generally located at the northwest corner of U.S. Highway One and Indiantown Road. (continued from 07/15/08) (Second Reading ) POSTPONED BY STAFF TO 09/09/08 Ordinance 26-08, Second Reading, Development Application Review Process and Notice Requirements – Zoning text amendment to Section 27-61, entitled “Authority”, Section 27-63, entitled “Town Council-Authority”, Section 27-131, entitled “Application Review Procedures”, Section 27-132, entitled “Reviewing Authority”, Section 27-135, entitled “Notice Requirements”, Section 27-915, entitled “Amendments to Approved Master Plans” and Section 27-1825, entitled “Nonconforming Buildings or Structures” to modify the thresholds for site plan and PUD amendments; to remove the requirement for nonconforming buildings or structures to receive Town Council approval; and to delete requirements for courtesy mailings for certain applications.(continued from 07/15/08) POSTPONED BY STAFF TO 09/09/08 Resolution 62-08, Warrior Plaza aka JEC Medical Plaza – Quasi-judicial - Site plan application to permit the construction of medical, professional office and retail buildings, to be known as “Warrior Plaza,” located on a 2± acre property, at 632 and 638 West Indiantown Road. POSTPONED BY SATFF TO 09/09/08 Resolution 72-08 – Council approval of a Production Agreement for Professional Utility Billing Electronic Bill Presentment and Payment Services with Data Prose in an amount of $ 53,880. POSTPONED BY STAFF TO 09/09/08 Ordinance 33-08, First Reading, Kennels, Stables and Animal Boarding –Text amendments to the Town Code to modify the regulations for kennels, stables and animal boarding; to amend the minimum lot and area dimension requirements for kennels, to remove stables as a permitted use, to allow an accessory dwelling unit as a permitted use on the second floor of a kennel and to amend related definitions. (Second Reading - 9/16/08) 4.4 4.5 4.6 5. TC Minutes Page 4 August 20, 2008 CONSENT AGENDA PUBLIC HEARINGS 6. Moved to 4.4 7. Moved to 4.5 PUBLIC BUSINESS 8. Resolution 77-08 – Council approval required by Florida Department of Transportation (FDOT) to temporarily close State Roads Indiantown Rd. and US1 while the bridges are open for the pass through of the Palm Beach Holiday Boat Parade on Dec. 6, 2008. Council approval of a date extension only that was obtained by Metropolitan Planning 9. Organization (MPO) through Florida Department of Transportation (FDOT) for all the municipalities who received a Water Taxi Dock grant. 10. Council approval of the 2008 Police Pension Contributions for Fiscal Year 2008 in an amount of $225,145. Resolution 10-08 – Providing for the acceptance of Region’s Right of Way Warranty Deed, Bill of Sale for Roadway Construction and a R/W Maintenance Agreement. Council approval of the Commercial Matching Grant Neighborhood Services in an amount of $20,000. Council authorization to Award Contract EPW 2008-02 Entitled: Riverwalk Water Taxi Dock to Palm Beach Marine Construction, Inc., in an amount of $74,160. Approval to proceed with Northbound Left Turn Lane Modification at Maplewood Drive and Indiantown Road Intersection. Council consideration of an Interlocal Agreement between the Town of Jupiter and the Solid Waste Authority for the purpose to standardize the handling of recyclable material within the County, standardize the content of recyclable material collected and ensure a continuous flow of acceptable materials to the County’s recycling process system. MOVED TO REGULAR AGENDA Council authorization to enter into letter agreement with Palm Beach County to authorize the design of intersection improvements at Central Boulevard and Indiantown Road, with funding from Toll Brothers. MOVED TO REGULAR AGENDA Moved to 4.6 Council approval of Rialto – Termination of Declaration of Maintenance Covenants. Resolution 66-08 –Contract Award recommendation to Allied Universal Corporation for supplying Liquid Chlorine to the Water Treatment Plant in an amount of $418.00 per ton. 11. 12. 13. 14. 15. 16. 17. 18. 19. TC Minutes Page 5 August 20, 2008 CONSENT AGENDA PUBLIC BUSINESS 20. Resolution 67-08 –Contract Award recommendation to Chemical Lime Company for supplying Quicklime to the Water Treatment Plant in an amount of $225.00 per ton. 21. Resolution 68-08 –Contract Award recommendation to Sulfuric Acid Trading Company for supplying Sulfuric Acid to the Water Treatment Plant in an amount of $352.68 per ton. Resolution 69-08 – Contract Award recommendation to Allied Universal Corporation for supplying Sodium Hydroxide (Caustic) to the Water Treatment Plant in an amount of $881.20 per ton. MOVED TO REGULAR AGENDA Resolution 70-08 – Contract Award recommendation American Water Chemicals for supplying Antiscalant to the Water Treatment Plant in an amount of $0.94 per pound. Confirmation of the Meeting Schedule: Cancelled – Tuesday, September 2, 2008 – 7:00 p.m. – Regular Town Council – Town of Jupiter Council Chambers – 210 Military Trail. • Tuesday, September 9, 2008 – 7:00 p.m. – Special Meeting Budget Ordinance – First Reading – Town of Jupiter Council Chambers – 210 Military Trail. • Thursday, September 18, 2008 – 6:30 p.m. – Workshop – Strategic Plan/Service Prioritization – Town of Jupiter Community Center – 200 Military Trail. END OF CONSENT AGENDA 22. 23. 24. ITEMS MOVED FROM CONSENT AGENDA TO REGULAR AGENDA Council consideration of an Interlocal Agreement between the Town of Jupiter and the 15. Solid Waste Authority for the purpose to standardize the handling of recyclable material within the County, standardize the content of recyclable material collected and ensure a continuous flow of acceptable materials to the County’s recycling process system. Councilor Friedman pulled the item to ask if there would be negative impacts to delaying the item and looking at possible other options. Mr. Thomas Driscoll, Director of Engineering/Public Works thought the relationship with the Solid Waste Authority might be affected with a postponement. He noted there was a termination clause in the five year agreement because the Town had been approached by Waste Management regarding a commingled recycled material purchase program. He did not have any figures to present to show the benefits of the Waste Management program, but said the return to the Town should be significant to justify a break from the Solid Waste Authority (SWA) that supplied services including hazardous waste, a transfer station and a landfill, in addition to recycling. TC Minutes Page 6 August 20, 2008 15. REGULAR AGENDA Council consideration of an Interlocal Agreement between the Town of Jupiter and the Solid Waste Authority for the purpose to standardize the handling of recyclable material within the County, standardize the content of recyclable material collected and ensure a continuous flow of acceptable materials to the County’s recycling process system. Mr. Driscoll recommended entering into the agreement with SWA now and working with Waste Management to see if there was a reason to change Town policy. Vice-Mayor Harrison commented there may be useful information County-wide on residential recycling available in six months. She suggested in order to approve the agreement immediately, it should be revised to remove the last sentence from paragraph 16, the “Term” clause, so either party could terminate with 120 days notice. Consensus of Council agreed (Golonka, Friedman, Kuretski) Councilor Kuretski commented if the Town could net at least six figures from an alternate program with Waste Management, Council should give direction to Staff to insure the possibility was addressed. Mayor Golonka preferred that Waste Management present a significant proposal to the Town before Staff spends a lot of time in negotiation. She requested information regarding the possibility of recycling residential office paper. Councilor Kuretski asked whether Waste Management could put the proposed rate increase in abeyance while the Town considered starting the commingled recycling purchase program. Mr. Lukasik did not know whether that reduction could be negotiated since Waste Management already invested in a facility. Councilor Friedman moved to approve Staff recommendation to delete the last sentence from Paragraph 16, the “Term” clause; seconded by Vice-Mayor Harrison; motion passed. Golonka Yes 16. Harrison Yes Friedman Yes Kuretski Yes Wodraska Yes Council authorization to enter into letter agreement with Palm Beach County to authorize the design of intersection improvements at Central Boulevard and Indiantown Road, with funding from Toll Brothers. Mr. Thomas Driscoll, Director of Engineering and Public Works, asked for Council authorization to enter into a letter agreement that allows the County to use a portion of the proceeds received from Toll Brothers to begin the design work for the turn lane improvements for the north bound traffic. TC Minutes Page 7 August 20, 2008 16. REGULAR AGENDA Council authorization to enter into letter agreement with Palm Beach County to authorize the design of intersection improvements at Central Boulevard and Indiantown Road, with funding from Toll Brothers. Mr. Driscoll mentioned the County was having financial constraints with their Capital project and was looking to reduce the scope on their project. He explained there were three possible options but negotiations needed to begin with the consultant first. Councilor Kuretski moved to approve the Staff recommendation; seconded by Councilor Wodraska; motion passed. Golonka Yes 22. Harrison Yes Friedman Yes Kuretski Yes Wodraska Yes Resolution 69-08 – Contract Award recommendation to Allied Universal Corporation for supplying Sodium Hydroxide (Caustic) to the Water Treatment Plant in an amount of $881.20 per ton. Councilor Friedman found the bid summary page which he had misplaced. Councilor Friedman moved to approve Resolution 69-08; seconded by Councilor Wodraska; motion passed. Golonka Yes Harrison Yes Friedman Yes Kuretski Yes Wodraska Yes PUBLIC HEARINGS COMMENT CARDS ARE REQUIRED FOR PUBLIC HEARINGS AND QUASI-JUDICIAL ITEMS 25. Moved to 4.1 26. Moved to 4.2 27. Moved to 4.3 28. Ordinance 32-08, First Reading, Special Events and Special Permits – Zoning text amendment to repeal the table entitled “Special Event Use Regulation” in Section 27-990.13 of the MXD zoning district; to amend Article IV of Chapter 27 entitled “Special Permits” to modify regulations; procedures, fees and the table of uses, and to add definitions for “sidewalk sales”, “grand openings”, and “promotional events”. (Second Reading – 9/16/08) Ms. Alice Bojanowski, Staff Planner, highlighted the proposed modifications. She indicated Staff proposed additional changes to reduce the amount of Staff time required to process special event permits. Staff recommended deleting the separate TC Minutes Page 8 August 20, 2008 REGULAR AGENDA PUBLIC HEARINGS 28. Ordinance 32-08, First Reading, Special Events and Special Permits MXD table and use the town-wide Special Permits code; allow administrative review of special permit “B” events that recur annually; streamline the process for sidewalk sales and promotional events; and allow special events within the stadium to be exempted from the special permit process on a case by case basis. Ms. Bojanowski explained the Planning and Zoning Commission recommended deleting automobile sales and shows; Staff noted the Town has had automobile shows in the past related to charity events. Ms. Bojanowski pointed out the applicant was asking for two auto shows and sales in the Roger Dean Stadium per year; and concurred with the recommendation to add text in Section 27-253(m) to work out a process with Staff to go through which events in the stadium would be exempt or would need to go through a review process. Staff recommended approval of the text amendment. Mr. Joe Pinto, General Manager of Roger Dean Stadium and the applicant, said his goal was to add events. He explained the auto show would take place in the stadium over the weekend with a car or two displayed out front. Councilor Kuretski felt increased use of the stadium was a public benefit and supported this use within the stadium. He was concerned changing the number of calendar days from seven to 30 regarding the application deadline. Mr. John Sickler, Director of Planning and Zoning, noted that often the seven day rule was waived for events easily processed. Vice-Mayor Harrison suggested forwarding a list to the Council of the annual events held in the Town. Consensus of Council agreed. (Kuretski, Harrison, Golonka) Councilor Kuretski suggested on page 8 of the Ordinance to add a number 5 adding broadcast media. Councilor Friedman asked where in Jupiter an automobile sale special could be held other than Roger Dean Stadium. He wanted to ensure other locations were not being eliminated and not limiting any entrepreneurial activities. Mr. Sickler said it could be held at any location depending on the size of the property. Councilor Kuretski stated for the record the Roger Dean Stadium was unique and equipped, and for practical matters it would be the only place for such events to be held. Mayor Golonka felt Roger Dean Stadium should also be a venue for entertainment and gatherings. She was concerned about allowing car sales in general and felt they should not be out in the open and throughout the town. She did not have any objection with regard to boat shows at Roger Dean Stadium and asked Staff to ensure it would not be problematic. TC Minutes Page 9 August 20, 2008 REGULAR AGENDA PUBLIC HEARINGS 28. Ordinance 32-08, First Reading, Special Events and Special Permits Vice-Mayor Harrison hoped the automobile sales would be limited for Dean Stadium and not at the Home Depot or in an open area. Mayor Golonka requested Staff to include the following prior to the Second Reading of Ordinance 32-08: Permit A – look at the impacts for the minor neighborhood type activities such as parades or block parties and segregate those uses to not require 30 days advance notice; Add broadcast media (page 8); manager cannot waive the special permit requirement; and Restrict the automobile sales to Roger Dean Stadium. She also asked Staff to have a mechanism where Council would be apprised annually of those events falling under category A. Councilor Kuretski added that Staff consults with the Town Attorney with regard to the language of the revisions. Councilor Kuretski moved to approve First Reading Ordinance 32-08, amended as listed above; seconded by Councilor Friedman. Title read by Mayor Golonka Motion passed. Golonka Yes 29. Harrison Yes Friedman Yes Kuretski Yes Wodraska Yes Ordinance 25-08, First Reading, Town maintained roadway level of service standards – Text amendments to Chapter 27, Article I, Division 1, “Definitions” and Article XI, Division 3, “Traffic” to amend Town maintained roadway level of service standards. (Second Reading – 9/16/08) Councilor Wodraska moved to reorder the agenda regarding taking Item 31 before item 29; seconded by Vice-Mayor Harrison; motion passed Golonka Yes Harrison Yes Friedman Yes Kuretski Yes Wodraska Yes PRESENTATIONS 30. Uniquely Jupiter - written report provided. PUBLIC BUSINESS Council authorization of a grant award to Palm Beach Community College from the 31. Economic Development Fund Advisory Board. TC Minutes Page 10 August 20, 2008 REGULAR AGENDA PUBLIC BUSINESS Council authorization of a grant award to Palm Beach Community College from the 31. Economic Development Fund Advisory Board. Mr. Lukasik discussed the Palm Beach Community College grant application to the Economic Development Fund Advisory Board. He mentioned the grant application for a total amount of $73,000 would fund a curriculum specialist position; paid internship program; and associated costs for a pilot program. Mr. Lukasik explained Dr. Libby Handel was a member of the Economic Development Fund Advisory Board and had submitted the application but had not made any recommendations to the Board. Mr. Baird arrived approximately at 9:30 p.m. Mayor Golonka asked about the application process availability. Mr. Lukasik said that the initial applications were received by word of mouth. He explained the application process was available on the web and collateral material/brochures were also available. He added there were two other applications in the pipeline that were loans with the possibility of a return on investment. Mayor Golonka said she was very supportive of the board and especially the use of the fund for education purposes. Councilor Friedman asked if the Board had established the criteria for the outcome. Mr. Lukasik explained the Board had not. He felt Council needed to authorize the Town Attorney work with the Board and Palm Beach Community College to develop a grant agreement with the criteria included in the document. Councilor Wodraska moved to approve the grant award to Palm Beach Community College from the Economic Development Fund Advisory Board in an amount of $73,000; seconded by Councilor Friedman; motion passed. Golonka Yes 29. Harrison Yes Friedman Yes Kuretski Yes Wodraska Yes Ordinance 25-08, First Reading, Town maintained roadway level of service standards – Text amendments to Chapter 27, Article I, Division 1, “Definitions” and Article XI, Division 3, “Traffic” to amend Town maintained roadway level of service standards. (Second Reading – 9/16/08) Mr. John Sickler, Director of Planning and Zoning, discussed the adopted level of service standards for roads that are maintained by the Town into our land development regulations. He added these current standards were adopted prior to the County wide traffic performance standards ordinance. He explained the three most significant changes; implementing the new level of service that were adopted in the comprehensive plan, changing the definition of significant traffic impact from 3% TC Minutes Page 11 August 20, 2008 REGULAR AGENDA PUBLIC BUSINESS 29. Ordinance 25-08, First Reading, Town maintained roadway level of service standards of the volume capacity of the roadway to 1% and change the radius of development influence from being based on square footage to being based on actual number of external peak hour trips. Mr. Thomas Driscoll, Director of Engineering and Public Works, clarified there was no dominiumous definition, a project was either significant or not. He mentioned the existing language in the code was tightened, the allowable percentages were reduced to provide a higher threshold within the Town and to look more at concurrency on the Town’s collector roads. Mr. CJ Lan, Staff Traffic Engineer, highlighted how the incremental improvements served to increase capacity at North Pennock Lane and Toney Penna Drive. Mayor Golonka explained due to the late hour Item # 30 Uniquely Jupiter presentation would not be discussed. Consensus of Council agreed the terminology language for a project should read significant or not significant. (Harrison, Kuretski and Wodraska) Consensus of Council agreed not to support the phasing per page BB in lines 5-12 and page AA. (Friedman, Harrison and Kuretski) Councilor Kuretski asked for a clear version of the text amendments without the strikeouts and include a trip generation for R & D on page FF. Public Comments Mr. Donaldson Hearing, Attorney from Cotleur and Hearing, expressed concern from the development community regarding unintended consequences with the existing level of services that were adopted under the Evaluation and Appraisal Report (EAR). He mentioned this could be an obstacle to economic development, or a barrier to our competitiveness with other areas. He recommended revisiting Attachment B. Title read by Mayor Golonka. Councilor Kuretski moved to approve First Reading Ordinance 25-08; as amended with the revisions to Chapter 27, Article 1, Division 1; Article XI, Division 3 and proposed language changes ; seconded by Councilor Wodraska; motion passed. Golonka Yes Harrison Yes Friedman Yes Kuretski Yes Wodraska Yes TC Minutes Page 12 August 20, 2008 REGULAR AGENDA REPORTS TOWN ATTORNEY • Schumacher/Target Oak Point site – Mr. Baird announced the closing was scheduled for Monday, August 25, 2008. Mr. Lukasik indicated he would be discussing funding sources with Council. TOWN MANAGER – None. TOWN COUNCIL – LIAISONS REPORT AND COMMENTS COUNCILOR KURETSKI • Roger Dean Stadium Lease – With only 8 years left on the lease which includes use of the ball fields, Council Kuretski stressed the importance of ensuring the Stadium’s success and suggested the Town pursue extending the lease. COUNCILOR WODRASKA • Florida League of Cities Annual Conference – Councilor Wodraska provided a brief report including the discussion on Amendment 5 and offered to provide additional information to Mr. Lukasik. MAYOR GOLONKA • • Holiday Boat Parade – Mayor Golonka asked Mr. Lukasik to arrange for the area under the Indiantown Road Bridge to be a stopping area to pick up the donations. Riverwalk Map/Request from Mr. Cipolla – Mayor Golonka mentioned she agreed with Mr. Cipolla’s comment regarding the Riverwalk map. Mr. Lukasik agreed to have the reference to Harbourside deleted. Ocean Way Lighting/Request from Ms. O’Lear – Mr. Lukasik agreed to investigate the request and report back to Council. • ADJOURNMENT – 11:12 P.M. ___________________________________ Sally M. Boylan, Town Clerk _________________________________ Karen J. Golonka, Mayor