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.
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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,
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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
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