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HomeMy WebLinkAbout1999-11-01 - City Commission Special Meeting MinutesCITY OF TAMARAC SPECIAL CITY COMMISSION MEETING CITY HALL CHAMBERS MONDAY, NOVEMBER 1, 1999 CALL TO ORDER: Mayor Schreiber called the special meeting to order on Monday, November 1, 1999, at 10.10 A.M. in the Commission Chambers of Tamarac City Hall, 7525 Northwest 88t" Avenue, Tamarac, FL, PRESENT: Mayor Joe Schreiber, Vice Mayor Larry Mishkin, Commissioner Edward C. Portner, Commissioner Marc L. Sultanof, and Commissioner Karen L. Roberts. ALSO PRESENT: Jeffrey L. Miller, City Manager, Mitchell S. Kraft, City Attorney and Marion Swenson, Assistant City Clerk. Mayor Schreiber called for the pledge to the flag. QUASI-JUDICIALH ,ARINGS SPECIAL EXCEPTION/AMOCO OIL COMPANY: (TR8701) Motion to adopt resolution, denying the Special Exception to allow the operation of a gas station with a convenience store as an accessory use in a B-2 (Community Business District) zoning category to Amoco Oil Company, located at the southeast corner of University Drive and NW 61 Street; specifically a portion of Tract "A" of the "Summit Professional Complex" Plat, according to the Plat thereof as recorded in Plat Book 101, Page 29 of the Public Records of Broward County, Florida; Case No. 5-Z-98 RESOLUTION NO. R99-296 and SITE PLAN/AMOCO OIL COMPANY: (TR8700) Motion to adopt resolution denying New Development Site Plan approval to Amoco Oil Company for the construction of a 3,212 square foot convenience store with six (6) multi -product gasoline dispensers, located at the southeast corner of University Drive and NW 61 Street; specifically a portion of Tract "A" of the "Summit Professional Complex" Plat, according to the Plat thereof as recorded in Plat Book 101, Page 29 of the Public Records of Broward County, Florida; Case No. 15-SP-98 RESOLUTION NO. R99-297 City Attorney Kraft read Temporary Resolution #8701, revision #2 by title, and Temporary Resolution 8700 by title. Assistant City Clerk Swenson swore in the witnesses, and City Attorney Kraft reviewed the procedure to be used for the Quasi -Judicial hearings. City Attorney Kraft spoke about ex-parte communication with the Commissioners, and referenced a letter from Concorde Village, dated October 14, 1999, to Mayor Schreiber. Emerson Allsworth, on behalf of the Applicant, discussed the three issues raised by staff; compatibility, traffic and location. Applicant distributed a copy of the license received in January 1999 from Broward County, and a pertinent page of the Tamarac Staff Report. Applicant also distributed Item #4 from the July 9, 1999 staff report. 10/13/99 1 Orlando Alonso, Jr., Architect, 8900 SW 117 Avenue, Suite C205, Miami, FI., spoke about the site plan and the landscaping. Commissioner Portner questioned the height of the canopy over the pumps, and whether the trees would cover the upper level of the roof, and Mr. Alonso responded. Commissioner Roberts asked if the trees would cover the upper level of the roof when they are planted or in a few years, and the estimated time for the trees to grow to full height. Mr. Alonso responded. David Killingsworth, U.S. Environmental Engineer for Transportation, 2475 N Winds Place, Alfaretta, GA, representing the applicant, spoke about the construction of the tanks and pipes, the sensor system, and the weekly inspections. There was discussion about what activates the sensors. Commissioner Roberts asked if there have been any problems with this type of tank in the last ten years and if the power goes out or there is a flood, how will the sensors work. Mr. Killingsworth responded. Commissioner Roberts asked. Commissioner Sultanof said he is concerned about future seepage, and there was discussion about placing the tanks above ground. Vice Mayor Mishkin expressed concern about the underground water wells and contamination in other areas of Tamarac that has not been rectified, as well as the fact that a power outage would render the sensors inactive. Commissioner Roberts asked about the expertise of the person monitoring the system, and Mr. Killingsworth and Mr. Brady responded. Alan Tinter, Broward County Traffic Engineer, Tinter Associates, Inc., discussed traffic trips on the site. There was discussion about trip generation rates and methods of calculation. Mayor Schreiber called a recess at 11.30 A.M. Mayor Schreiber reconvened the meeting at 11.40 A.M. with everyone present. City Attorney Kraft asked to deviate from the procedures and allow the public to speak. Mayor Schreiber opened the public hearing. Assistant City Clerk Swenson swore in Sam Schwartz, 6451 N. University Drive, Tamarac. Mr. Schwartz commended the Mayor and Commissioners for the expertise of the consultants on staff City, and those hired from outside. Mr. Schwartz spoke about the public not being able to see the exhibits, the length of the hearing, expressed objection to the possible water contamination, and asked who is going to maintain the landscaping on the site. With no one else wishing to speak, Mayor Schreiber closed the public hearing. Vice Mayor Mishkin said the City is in the process of expanding the audio/video capabilities of the Chamber. Commissioner Roberts questioned the number of trips per day, and Mr. Tinter responded. There was discussion about the difference of a gas station with a convenience store, and a convenience store with a gas station. Nancy Straub, Special Counsel for the City cross-examined Mr. Allsworth, Mr. Killingsworth and Mr. Alonso, Mr. Brady asked for verification from Ms. Straub that the property in question in zoned B-2, and Ms. Straub confirmed. Ms. Straub called Juaquin Vargas, Traffic Engineer, 455 Taylor Way Drive, Deerfield Beach, and Mr. Vargas gave a presentation on calculating the trips, 10/13/99 2 and corrected Mr. Tinter's handout, changing the calculations from eight pumps to six pumps. Mr. Brady cross-examined Mr. Vargas. Vice Mayor Mishkin and Commissioner Portner asked what effect the other six acres have on this project and Mr. Brady and Interim Community Development Director King responded. Mr. Brady gave his closing arguments and Ms. Straub gave her closing arguments. Commissioner Portner questioned several items in the Staff recommendation and Interim Community Development Director King and Utilities Director Woika responded. Commissioner Roberts questioned the definition of "nuisance" in the staff report, and whether a 24-hour per day, 7 day a week business would not be considered a nuisance, and Interim Community Development Director King responded. Vice Mayor Mishkin said his main concern is water contamination, and said there comes a time when political considerations must be set aside and moral considerations come into play. Commissioner Sultanof said he takes his political career very seriously, but politics does not enter into the health, welfare and safety of Tamarac's residents. Vice Mayor Mishkin seconded by Commissioner Sultanof moved approval of Temporary Resolution #8701, and Temporary Resolution 8700. On roll call Vice Mayor Mishkin voted "yes", Commissioner Sultanof "yes", Commissioner Roberts "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. There being no further business, Mayor Schreiber adjourned the special Commission meeting at 1:35 P.M. J E SCHREIBER, MAYOR MARION SWE<NSON ASSISTANT CITY CLERK Fi CITY OF TAMARAC APPROVED AT MEETING OF /O 10/13/99 3