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HomeMy WebLinkAbout1984-04-30 - City Commission Reconvened Regular Meeting MinutesMAIL REPLY TO: P.D. Box 25010 TAMARAC, FLORIDA 33320 5811 NORTHWEST 88TH AVENUE 6 TAMARAC, FLORIDA 33321 TELEPHONE (305) 722.5900 April 26, 1984 NOTICE OF RECONVENED CITY COUNCIL MEETING There will be a Reconvened City Council Meeting on Monday, April 30, 1984 at 9:00 A.M. in the Council Chambers at City Hall, 5811 NW 88 Avenue, Tamarac, Florida. The Items .remaining from the Council Agenda of April 25, 1984 to be considered are as follows: 19. Broward League of Cities Business - Discussion and pos- sible action. 32. City Council Expenses - Temp. Ord. #1113 - Discussion and possible action to establish a referendum proposing an amendment to Charter Section 4.04 "Compensation and Expenses of Mayor and Council". 34. Crime igr stem Bond Release - Temp. Reso. #3115 - .t .e.... System Discussion and possible action to release a burglar alarm bond. 42. Adult Congregate Living Facilities - Discussion and pos- sible action to authorize the Consultant City Planner to initiate the appropriate Land Use Amendment and zoning ordinances to permit these facilities to be located in the City (tabled from 4/25/84). 48. City Council Reports 49. City Manager Report 50. City Attorney Report The City Council may consider and act upon such other business as may come before it. The public is invited to attend. Marily Bertholf, CMC City erk Pursuant toSection 286.0105, Florida Statutes If a person decides to appeal any decision made by the city Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings and for such purpose, he may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. CITY OF TAMARAC, FLORIDA RECONVENED CITY COUNCIL MEETING APRIL 30, 1984 (from 4/25/84) Tape CALL TO ORDER: Mayor Kravitz called the meeting to order at 9:00 1 A.M. on Monday, April 30, 1984, in the Council Chambers. ROLL CALL: PRESENT: Mayor Philip B. Kravitz Vice Mayor Sydney M. Stein Councilman Jack Stelzer Councilman Raymond J. Munitz Councilman John J. Dunne ALSO PRESENT: Laura Z. Stuurmans, City Manager Jon M. Henning, City Attorney Carol A. Evans., Assistant City Clerk Patricia Marcurio, Secretary LEGAL AFFAIRS 33. City Council Agenda Procedures - Temp. Reso. #3116 - Dis- cussion -__ p � T cussion and possible action to revise Resolution 84-34 re- garding City Council procedures to amend the day and time of the pre -agenda workshop meeting. SYNOPSIS OF ACTION: Reconsidered and then TABLED to the 5/9/84 meeting. C/M Stelzer MOVED that this item be added to the agenda for reconsideration, SECONDED by C/M Munitz. 116290F ALL VOTED AYE C/M Stelzer said he objected to a phrase in the Resolution stating that"the purpose of these meetings is to discuss and review the status ... this meeting will be held on Wednesday instead of Thurs- day, the first and third of the month. The Mayor may change the date or time for this meeting or cancel the meeting if he deems it necessary". C/M Stelzer said he objected to the phrase "or cancel the meeting if he deems it necessary". He said if the Mayor cancels a Pre -Agenda meeting, how will Council be able to have a regular Council meeting? He said there should be no cancellation allowed. Mayor Kravitz said he does not feel action should be taken on this until there is time to review it further. V/M Stein MOVED to TABLE this item to the 5/9/84 meeting, SECONDED by C/M Dunne. VOTE: GENERAL ADMINISTRATIVE/FINANCIAL C/M Dunne Aye C/M Munitz Nay C/M Stelzer Nay V/M Stein Aye Mayor Kravitz Aye 19. Broward League of Cities Business - Discussion and possible action. SYNOPSIS OF ACTION: Mayor Kravitz gave a report to Council. Mayor Kravitz said Council received the minutes from the last meeting of the Broward League of Cities. He said the next meeting will be held on Thursday, 5/17/84 and all Council members will be invited. - 1 - 4/30/84 /pm LEGAL AFFAIRS 32. City Council Expenses - Temp. Ord. #1113 - Discussion and possible action to establish a referendum proposing an amendment to Charter Section 4.04 "Compensation and Expenses of Mayor and Council". SYNOPSIS OF ACTION: APPROVED on first reading as amended. Mr. Henning read the Ordinance by title and said on Page 1, Line 19 there are 2 alternatives for the primary election or final election of 2 proposed dates that could be used for a County -wide election without additional expense to the City. V/M Stein MOVED APPROVAL of Temp_. Ord. #1113 on first reading, deleting from Line 19, Page 1, "November 6"Tand inserting "September 4, 1984" in its place. Mr. Henning said that would be the same indication on Page 3, Line 6. SECONDED by C/M Dunne. C/M Stelzer questioned why this was proposed and Mr. Henning said one of the reasons is that they are dealing with an $11,000 maximum budget amount for City Council expenses. He said last year there was a great deal of discussion about how this should be applied with a great deal of time and expense involved in regulating this $11,000 item. He said the bottom line of this amendment is that there are no more dollars at stake since the same $11,000 are available for Council expenses. He said the car allowance expense account for Council members will be $166.66 per month each and the Mayor's will be $250 per month. The City Manager said administratively this will simplify the whole procedure. V/M Stein said every Department Head in the City gets a flat allowance of $200 per month and the Council should be equal. He said this will stop the bickering of mileage distance, etc. that is presently encountered. C/M Munitz said the cost presently in bookkeeping, etc. is unbelievable. C/M Stelzer said he is not against this Ordinance, however, it should be clarified exactly what expenses will be paid by the City above the allowances made for the $2,000. He said this amount should be all inclusive of everything that has to be done in the course of business. He said the Mayor going to New York on the bond issue should be an extra reimbursement but anything else should be inclusive. Mr. Henning said he agrees some guidelines are needed and he referred to Page 2, Line 25, the statement "the City Council, by Ordinance, may establish procedures and guidelines regarding the City Council expenses". He said there is a provision in the City Code whereby if Council travels more than 15 miles radius from City Hall, they are eligible for reimbursement of meals at a flat rate set by Statute of $3.00 for breakfast, $6.00 for lunch and $12.00 for dinner. Mr. Henning said it would be appropriate for Council in the near future to address whether or not this would be included in the expenses they will receive every month. C/M Stelzer said Council has until 9/4/84 to put this on the ballot and the guidelines should be set up before this is presented to the public. C/M Munitz said this should be passed in order to know which direction they are going. Melanie Reynolds, Charter Board member, said where public officers are concerned, each one is to be judged individually. She said this should be interpreted by the Charter Board, not the City Attorney and there should not be an Ordinance that is in conflict with State lava. Bernie Hart, President of the Presidents Council, requested the City Manager copy him with two figures, one, the amount of money that was spent for expenses during the entire year for the 4 Council people and the Mayor and, two, the approximate number of hours spent on this during the course of the year. - 2 - 4/30/84 /pm Gary Gralla, resident, said from his work experience he found that making daily reports was so time consuming and costly that they followed the program of the federal government in giving a flat amount for expenses. He said anything extraordinary had to be approved in advance. Alice Norian, resident, asked if,.with this Ordinance, Council is omitting the purpose and explanation of the expenses. Mayor Kravitz said yes. Mrs. Norian asked if they are omitting any prior knowledge or request for such travel. and Mayor Kravitz said yes. VOTE: ALL VOTED AYE 34. Crimefi hter System - Bond Release - TemP._Reso. #3115 - Discussion and possible action to release a burglar alarm bond. f SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-84-/.�4 PASSED. releasing a burglar alarm bond in the amount of $150.00. Mr. Henning read the Resolution by title and said the Code pro- vides for any releases or refunds over $50 to be brought before Council. He said for this reason this should be considered.. As part of the Alarm Ordinance, businesses are posting $150.00 performance bonds in the City. He said this particular petitioner has sold his business to another corporation and the new corpor- ation has posted the necessary bond. He said both he and the Police Department recommend release of this bond. C/M Stelzer MOVED APPROVAL of Temp.Reso. #3115, SECONDED by C/M Munitz. VOTE: COMMUNITY DEVELOPMENT ALL VOTED AYE 42. Adult Congregate Living Facility - Discussion and possible action to authorize the Consultant City Planner to initiate the appropriate Land Use Amendment and zoning ordinances to permit these facilities to be located in the City (tabled from 4/11/84). SYNOPSIS OF ACTION: The City Planner was authorized to initiate an appropriate Land Use Plan Amendment and zoning Ordinance to permit these facilities in the City at an hourly rate at a cost not to exceed $500. Richard Rubin said in the past month, members of Council have received requests by applicants for over 2,000 adult congregate units. He said they range in size from 1,400 units to about 100 units and the same questions remain concerning parking standards, land use and zoning requirements, etc. and each time the applicants are informed that the Council is investigating these types of facilities but at this time, there are no specific answers. He said both the City and County's Ordinances must be reviewed and he distributed copies of 2 letters he received. First, a Housing Workshop meeting was scheduled for Wednesday, May 2, 1984, at Secret Woods to review adult congregate living facilities, and second, C/M Munitz had requested definitions for adult congregate living facilities. He said it is all encompassing from the single family home to the multiple family and the commercial land uses. C/M Munitz noted that there is much confusion that must be clarified and V/M Stein said there are other communities that have these type of facilities and they have definite rules as.to what separates a nursing home from this type of facility. He said a person must be ambulatory to reside in an adult congregate facility and his mother lives in one. He suggested Council take a trip to one of these facilities in a neighboring community. - 3 - 4/30/84 /pm V/M Stein said there are very strict restrictions put on this type of facility. C/M Stelzer said this is strictly a rental lease which is equivalent to a hotel with a yearly rental. He said if a person becomes ill, the intent is that he cannot come back and his lease is cancelled. He said there would be no outsiders coming in to eat and this would be run like a private hotel. There would be only emergency health facilities and anyone becoming ill would have to be taken to a hospital. C/M Dunne said there is an establishment of this type off 64 Ave. near McNab Rd. He said they visited it recently and it appears to be something that is needed in the City. Mr. Rubin said they would like to approach this in two steps. The first requires community involvement, identifying the alternatives so that Council can decide what they want and, second, placing this into an Ordinance. He said they are ready to begin whenever Council authorizes him to start. C/M Munitz MOVED that Council authorize the Consultant City Planner to initiate the appropriate land use amendment and zoning ordinance to permit these facilities in the City. Mayor Kravitz asked the City Planner if there is a cost to the City involved in moving forward on this and Mr. Rubin said Council has received a memo from him dated April 4, 1984, which identifies the various steps they will be doing. He said they will do as much as possible with a minimum fee of $500 and if it is beyond that they will inform Council since there is a second level of fees required to work with the County. Mr. Rubin introduced Jerry Mucci to Council as the Consultant who will be assisting him in preparing this Ordinance. C/M Munitz asked Mr. Rubin if an amount of up to $500 would be sufficient to cover this portion of the work and Mr. Rubin said yes. C/M Munitz included the statement 'Pape "at an hourly rate not to exceed $500" in his MOTION, SECONDED 2 by V/M Stein. Harold Newman, resident, said his area objected to the building of the convalescent home on 88 Ave. and they also object to the adult congregate living facility being put in Tract 26. He said they should be permitted as a commercial enterprise and not in a residential area. Arthur Gottesman, Chairman of the Planning Commission, said about two weeks ago members of the Planning Commission attended a seminar in Miami, which was set up by Sam Stevens, Tamarac's Chief Building Official. He said one of the speakers at this seminar discussed at length this adult congregate living housing and he advised them that there are many things to be considered but this should not be avoided. He said they were told there is a gentleman in Tallahassee who has drafted an Ordinance on adult congregate living facilities and Mr. Stevens has sent for this. He said this should cover all the areas that have been discussed today. He said this was discussed as a concept at a Planninq Commission meeting recently and the concept was well received. VOTE: C/M Dunne. Aye C/M Munitz Aye C/M Stelzer Aye V/M Stein Absent for vote Mayor Kravitz Aye RFPnR'T'q 48. City CouncilReportsNo report. 49. City Manager Report - No report. - 4 - 4/30/84 /pm 50. City Attornev Retaort - Mr. Henning said he met with Mayor Kravitz and the Police Chief regarding the Burglar Alarm Ordinance and Mayor Kravitz has scheduled a Workshop Meeting on 5/22/84 at 10:00 A.M. for discussion on this topic. Mr. Henning said he had a meeting with Mayor Kravitz, Gene Toll and Myles Tralins and they have clarified issues concerning the utilties questions. They must continue meetings concerning fees unrelated to utilities. Meeting was adjourned at 10:00 A.M. MAYOR ATTEST: ASTSISTANT CITY CLERK This public document was promulgated at a cost of $ �� ,s'L7 or $ /.&'3 per copy to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. CITY OF TAMARC APPROVED AT METING OF (v Cr City Clerk - 5 - 4/30/84 /pm