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HomeMy WebLinkAbout1988-01-28 - City Commission Workshop Meeting Minutes16' MAIL REPLY TO: P ' 0. BOX 25010 TAMARAC. FLORIDA 33320 5811 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 January 18, 1988 NOTICE CITY COUNCIL WORKSHOP MEETING There will be a Workshop meeting of the City Council on Thursday, January 28, 1988 at 1:00 P.M. in the West Conference Room at City Hall, 5811 N.W. 88th Avenue, Tamarac, Florida. The subject of this meeting is Midway Plaza and the Wellfield Ordinance. Carol E. Barbuto City Clerk AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS CITY OF TAMARAC CITY COUNCIL WORKSHOP MEETING THURSDAY, JANUARY 28, 1988 TAPE 1 CALL TO ORDER: Mayor Hart Called this Workshop meeting to Order on Thursday, January 28, 1988, at 1:00 P.M. in the West Conference Room at City Hall. PRESENT: Mayor Bernard Hart Vice Mayor Sydney Stein Councilman Bruce Hoffman Councilman Henry Rohr Councilman Jack Stelzer ALSO PRESENT: John P. Kelly, City Manager Richard Doody, City Attorney Pauline Walaszek, Special Services Secretary Mayor Hart RECESSED this meeting at 1:03 P.M. and RECONVENED at 1:10 P.M. in the Council Chambers with ALL PRESENT. City Manager Kelly said the subject of this meeting concerns Midway Plaza and the Wellfield Ordinance. He said City Staff, consultants and the Attorney for the developer spent a lot of time discussing this matter. He said the Wellfield Ordinance proposed by the County would have impact on the City., He said Rick Rednor, Consulting Attorney, drafted an Ordinance for the City to protect the City's Wellfield and Bill Greenwood, Director of Utilities/Engineering, provided a list of events regarding this matter for City Council. City Manager Kelly said there is a Master Plan identifying where the wellfield's would be in the City. He said the original Master Plan of September, 1984, indicated 5 wells to be located on the Midway Plaza Site. He said there was a requirement for the wellfield easements and the location of wells to be placed on the Site Plan. He said the location of the wells on the Site Plan was approved on October 11, 1984 by Williams, Hatfield & Stoner, Consultants. He said on November 22, 1985, the Engineering Department recommended the Site Plan for Midway Plaza be approved subject to an Agreement that the wells be constructed by the developer and the City. City Manager Kelly said on November 27, 1985, City Council approved the Site Plan and the Developer's Agreement for installation of potable water wells and, on February 3, 1986, a Resolution was approved authorizing a Referendum to spend $800,000.00 for the wells at Midway Plaza. He said on March 18, 1986, the voters approved the Referendum. He said the regulatory permits to install and operate the wells were obtained from the South Florida Water Management District and the Department of Environmental Regulations. City Manager Kelly said on October 8, 1986, City Council authorized payment of $246,000.00 to the developer accepting the Bill of Sale Absolute for 4 wells at Midway Plaza. He said all the procedures were in accordance Page 1 1/28/88 with the Developer's Agreement for the wells and, in December, 1986, Water Management Resources advised the City of problems with some of the tenants at Midway Plaza because the tenants would be handling hazardous materials. He said the Utilities/Engineering Department was not aware of the restrictions for future uses at Midway Plaza at that time. City Manager Kelly said on January 6, 1987, Utilities/Engineering met with Bob Shair, Wellf"ield Protection officer for Water Resourses Management Division, regarding information for the wells. City Manager Kelly said the 4 operating wells east of University Drive and the other 13 non --operating wells in the City were not on the County's Official Wellfield Map; therefore, the wells were not protected by the County's Wellfield Potable Water Supply Ordinance. He said County Staff advised the City that they would not recommend additional wells for the City to be placed on the County's Official Map if there were zones of influence restricting property use and creating a liability. City Manager Kelly said Staff implemented a policy of not signing off for building permits for projects within a Wellfield zone of influence unless the developer submitted a letter stating that they would not handle any hazardous materials at the proposed site or, if they did, they would obtain a Wellfield Operating Permit from the County. City Manager Kelly said on September 8, 1987, Council approved a Resolution authorizing a Hold Harmless Agreement for those seeking a Certificate of Occupancy, building permits or Occupational Licenses from the City within ,a Wellfield zone of influence. He said on October 14, 1987, an Ordinance creating the Wellfield was Tabled. He said the Ordinance would have created a City of Tamarac Potable Water Supply Wellfield Protection Act, covering the City's proposed wells that were not on the County's Official Wellfield Map. City Manager Kelly said on December 23, 1987, Hazen & Sawyer, Consulting Engineers, stated that the capacity loss from the Midway wells could be made up by modifying the existing 13 wells and additional wells would be needed for buildout requirements. He said Hazen & Sawyer was suggesting that the 13 wells could be modified but was not recommending that be done. City Manager Kelly said on January 8, 1988, Midway Plaza proposed an Agreement with the City of Tamarac, to abandon wells, water lines and vacate the easements associated with the facility. He said Utilities/Engineering reported the following options available to the City: (1) Approve the Ordinance creating a City of Tamarac Wellfield Protection Act. (2) Continue to negotiate with Midway Plaza., in an attempt to obtain a better solution for the City. (3) Approve Midway Plaza's proposed Agreement with the exception that the east/west well water main would not be abandoned and returned to Midway Plaza. (4) Approve an Ordinance creating the City of Tamarac Wellfield Protection Act, which would not include the wells at Midway Plaza. Page 2 1/28/88 City Manager Kelly said the City invested $246,000.00 in the preparation of the wellfields at Midway Plaza and the wells were not operable at this time. He said it would take more money to make the non —existing wells viable and Bob Shair was not recommending the wells be implemented. City Manager Kelly said he would prefer not to have the wells at a shopping center and suggested the wells be abandoned. He said if the wells were abandoned, the 13 existing wells would have to be expanded; however, not to the extent proposed by Jim Brady, Attorney for the Developer. He said the City would have to look for additional wells and there were wells available east of University Drive. Rick Rednor, Consulting Attorney, said there were several options considered at the time the problems were perceived. He said one of the captions was a Tamarac Wellfield Protection ordinance. He said an attempt was made to have the County rush their process of getting the wellfield on the County's Map, which would have resolved the problem; however, that was not done. He said an ordinance was drafted to cover these wellfields as well as other existing wellfields that were not on the County's Map. Mr. Rednor said when the Ordinance was under consideration, Jim Brady, Attorney for the developer, proposed a solution that would save the City legal problems if'the Ordinance was adopted and the wellfields were in a Commercial Area. He said there were negotiations regarding the problems and a solution was recommended which would not impair the City fiscally. He said he reviewed the Agreement this morning with Jim Brady and there were several changes made that were legally sound. He said if the City Council eventually voted in favor of abandoning the wells, there would be no turning back. He said the easements and pipes would be transferred back to the developer by Bill of Sale and the existing wells would be filled in with cement. Mr. Greenwood said when the Agreements were entered into with Midway Plaza, the impact of the Wellfield ordinance held no major implications that either party solved. He said the problem arose when Midway Plaza found tenants that would be using regulated substances. He said one tenant was a dry cleaner; however, the tenant agreed to utilize a non -hazardous dry cleaning fluid. He said another tenant was Frank's Nursery, which handled herbicides, insecticides and fertilizers and another tenant was a photo center. He said Midway Plaza did not desire to have their property encumbered for future changes or tenants that may use regulated substances. Mr. Greenwood said the locations of the wells was not visible and there were 4 on the site with 1 additional well proposed. He said the decisions Council would be making would be to abandon the wellfield, negotiate the matter or keep the wells. He said he met with Bob Shair, who indicated that until the matter with Midway Plaza was resolved, recommendations could not be given to the County Commissioners to place the proposed wells on the Official Wellfield Map and the wells were required to be voted on by the County Commissioners. He said the Utilities Department desires 4 additional existing wells and the proposed wells on the Map as quickly as possible. Page 3 1/28/88 He said all restrictions on future wells are getting stricter. He said the South Florida Water Management District disapproved of golf courses and would not permit them because the golf courses used regulated substances. Mr. Greenwood said all the proposed wells were located near University Drive, 2 on the Egan Property (north of Saint Malachy's Church), 2 on Saint Malachy's Church property and 1 on the corner of 61st Street (across from NCNB Bank). He said unless the Proposed Wellfield ordinance was implemented locally, there would be a problem with Midway Plaza. He said the criteria for wells was that they had to be 300-feet from canals and 100-feet from sewer lines, force mains and out of golf courses. He said residential property would be a potential possibility as a location for the wells; however, the property would have to be bought or condemned. Mr. Greenwood said open space available in Tamarac was in 2 areas, Land Section 7 and the canal area along Southgate Boulevard and the cost for transmission lines, etc., would be very expensive. He said Hazen & Sawyer was preparing a study for the City on proposed wells and the long range water supply. City Manager Kelly asked if Bob Shair wanted the wells in Midway Plaza and Mr. Greenwood replied, no. City Manager Kelly asked if the wells remained at Midway Plaza and.the City utilized them, what the objections would be .and Mr. Greenwood said Midway Plaza owners would have the opportunity to go to a Public Hearing and state their objections. City Manager Kelly asked °if the owners could have restricted permits and Mr. Greenwood said no, because Midway Plaza was within Wellfield Zone 3 and not Zone 1. City Manager Kelly asked what it would cost to construct and utilize the wells at Midway Plaza and Mr. Greenwood said approximately one quarter million dollars. City Manager Kelly asked what it would cost to construct and utilize the wells on the Egan and Saint Malachy's Church property and Mr. Greenwood said the report given by dim Brady showed a savings of $40,000.00, which would include the increasing of the pumping capacity for the existing wells. City Manager Kelly asked if Mr. Greenwood agreed with the report and Mr. Greenwood said the part he agreed with was that the existing wells capacity could be increased. He said, however, he did not agree professionally or technologically because it was not proven or tried in South Florida to push the wells to pump 13,000 gallons -!per minute or pumping double their design capacity. City Manager Kelly said there was discussion regarding increasing the pumping power of the wells; however, it was agreed that the amount of gallons per minute would be for the City Engineers to decide. C/M Stelzer asked if the cost for the Egan and Saint Malachy's Church wells would be $210,000.00 and Mr. Greenwood said new wells, complete and installed, would cost $80,000.00 each. C/M Stelzer said it would cost the City $70,000.00 more to put in new wells and abandon the 4 wells at Midway Plaza. Page 4 1/28/88 City Manager Kelly asked if the City would spend more money to install new wells as opposed to using the 4 wells at Midway Plaza and Mr. Greenwood said the existing 13 wells could be upgraded, which would cost about $210,000.00; however, an additional 4 to 5 wells would be needed for buildout and would cost $80,000.00 to $85,000.00 each. V/M Stein said there was a problem with wells that were not in use. He said the problem concerned whether the City wants to use those wells or not. He said the existing wells with increased capacity would pickup enough so that the 4 additional wells would not be needed; therefore, additional money would be needed to upgrade the pumping capacity of the existing wells. He asked if the 4 wells on the Egan and Saint Malachy's Church property would be needed for buildout if the 4 wells at Midway Plaza were not abandoned and Mr. Greenwood replied, no. V/M Stein asked why the wells were not put on the County's Wellfield Map when they were drilled several years ago and Mr. Greenwood said he could not answer why the maps were not put on the County's Wellfield Map. Mayor Hart said on October 8, 1986, the City Council authorized the payment of $246,000.00 to the developer in acceptance of the sill of Sale Absolute for the 4 Midway Plaza wells and he asked if the money was paid. Mr. Greenwood replied, yes. Mayor Hart asked if the Developer would buy back the wells if the City decided to abandon them and Mr. Greenwood said an Agreement was approved with the developer for construction of the wells and, once constructed, the City would take the wells over and pay the cost for the wells. V/M Stein said the developer drilled the holes for the City and the City bought the holes from the developer. Mr. Greenwood said the City paid the cost that the developer paid to his contractors for drilling. C/M Hoffman asked who was responsible for putting the wells on the County's Wellfield Map and Mr. Greenwood said the Municipality makes the request to the County. C/M Hoffman asked if the City was responsible for not having the wells placed on the County's Wellfield Map and Mr. Greenwood said when Williams, Hatfield & Stoner obtained the permits required, the South Florida Water Management District issued a drilling permit for the wells and the Florida Department Environmental Resources issued a permit. He said Water Resources Management was not contacted regarding the permits or the wells. C/M Hoffman said somebody was responsible for the wells not being placed on the County's Wellfield Map and he asked who was responsible. Mr. Greenwood said the Consultants were responsible for not putting the wells on the County's Wellfield Map. He said there was no specific person or group responsible because there was a new Ordinance and the interpretation of the Ordinance was not understood. He said the developer, City staff, consultants, DER (Department of Environmental Regulations), South Florida Water Managements District and Water Resources Management were involved with the reviewing of the ^rdir -__ce . Page 5 1/28/88 (1) (2) (3) C/M Hoffman asked if the developer was aware of this matter from the beginning and Mr. Greenwood said he would prefer the developer answer that question. C/M Rohr asked if there had been a need to put the wells on the County's Wellfield Map before the Ordinance was written and Mr. Greenwood said prior to 1984/85, there were no such requirements or regulations in existence. Mr. Greenwood said the requirements were to obtain a South Florida Water Management District Drilling Permit and a Florida Department of Environmental Regulation Permit to connect and modify the facilities. C/M Rohr said someone in the Engineering Department should have been aware that the new Ordinance forced the City to take certain steps that were not needed in the past. He asked who was responsible for seeing that the Ordinance was being complied with and what would be accomplished by continuing negotiations with the developer. Mr. Greenwood said most shopping centers had no need to have hazardous or regulated substances. C/M Rohr asked if the City could enforce a law which would not permit tenants who use hazardous substances at Midway Plaza. Mayor Hart said on September 18, 1984, when the plan was established, the County Ordinance for the Wellfields was in effect. He said the location of the wells was subject to the approval of Williams, Hatfield & Stoner, Consulting Engineers, and, on October 11, 1984, the consultants approved the location of the wells on the site plan. He said on November 27, 1985, Council approved the Developer's Agreement and the Engineering Department was given the opportunity to read the Agreement. He said the Engineering Department did not approve the Developer's Agreement relating to the installation of the potable water wells; therefore, everything was left in the hands of Williams, Hatfield & Stoner. C/M Rohr said on September 18, 1984, City staff advised the developer that the City of Tamarac's long range Master Wellf ield Plan required 5 wells to be located at the Midway Plaza site. Rick Rednor, Consulting Attorney, said the question being asked was whether the City can regulate, if they chose to, Midway Plaza as it exists now with several stores in the Plaza using chemicals. He said the Ordinance drafted was designed to accomplish three things: Regulate those areas within the City where there was no development and make the developers aware coming into those areas of the certain uses that would be restricted. Leases in the areas that were not occupied in Midway Plaza would be restricted from using chemicals. To allow the tenants now in Midway Plaza to continue using the chemicals; however, not allowing those tenants to expand. Mr. Rednor said after discussions, it was agreed that the problem with the Ordinance was that it would inhibit the activities of the commercial center. He said it was in the City's interest to have the commercial center thrive and it would be difficult for the center to thrive if restrictions were mandated. Page 6 1 1 1 1/28/88 C/M Hoffman asked if the Publix Market moved from the site and a Winn Dixie Market moved in, would a variance have to be approved and Rick Rednor said a Winn Dixie Market could move in without a variance because they would be the same type of use as Publix Market. Mr. Rednor said any existing use not permitted in Zone 1 would not be allowed to expand. C/M Hoffman asked what type of business would not be allowed in the area and Mr. Rednor said there was a long list of prohibited chemicals and there were a lot of businesses such as an eyecare lab that were allowed providing they did not carry those restricted chemicals. He,suggested the Engineers respond to this question. V/M Stein said if there was a fault by the City for not processing these wells with the County, the developer could go to court with the City of Tamarac stating that the City could not prohibit their property because the City was at fault. He asked what Mr. Rednor would advise to the City of Tamarac if that happened. Mr. Rednor said the matter was new and there were issues of dominant domain and vested rights, etc., that would be raised and the City of Tamarac would have a difficult time with the matter; however, the City may be successful. He said the City staff and consulting Attorneys felt the Resolutions were in the best interest of the City and the developer. He said the Resolution to close the wells at Midway Plaza and update the existing City wells would be the best route to take and would be a savings in cost. C/M Hoffman said the City would be liable to create 4 more wells and Mr. Rednor said he discussed this comment with City Manager Kelly because he did not remember this matter being agreed upon or discussed at any of the previous meetings. Mr. Rednor said even if the Midway Plaza wells were developed, additional wells were planned and were going to be drilled; however, if Midway Plaza wells were abandoned, the capacity could be made up by updating the existing wells with new wells still required. TAPE 2 Jim Brady, Attorney for the developer, said collusion whereby the developer contributes one quarter million dollars was not a solution. He said City staff, Engineers and Attorneys found a solution which would benefit the City, developer and the County. He said there were some differences in opinions and the solution was arrived at by the developer's expense because it was the developer's problem. Mr. Brady said the analysis from the Consultants suggested starting with the presumption of closing the wells on the Midway Plaza site; therefore, an obligation for the gallons that would be used if Midway Plaza wells were operating, had to be sought elsewhere. He said finding additional wells was not a viable solution; therefore, other solutions were contemplated. He said the Engineers said the City made an assumption that was incorrect; namely, that the wells were producing water at their maximum capacities and the developer's Engineers said there was no reason to produce the same amount of water from the existing wells that would have been produced by the Midway Plaza wells. Page 7 % 1/28/88 Mr. Brady said assuming that the existing wells were strong, bigger pumps could be installed and placed on the existing wells. He said the Consulting Engineers agreed that if bigger pumps were put on the existing wells, buildout concerns could also be achieved plus the amount for reserve. He said Hazen & Sawyer, Consulting Engineers, said if the bigger pumps were installed, all the capacity would be coming from 13 existing wells; however, their previous proposal stated the capacity coming from 28 wells. Mr. Brady said the economic result was a reduced cost. He said $246,000.00 was a lot of money and it looked like a loss to the City; however, it would not be loss because the cost of getting the water trom the wells at Midway Plaza would be $219,000.00. He said the money for creating the wells at Midway Plaza could be used for expansion of the existing wells. He said this would be $40,000.00 or less; however, bigger pumps draw more electricity,which would create an operational cost increase. Mr. Brady said in 1979, Williams, Hatfield & Stoner, surveyed the City for possible wells. He said in 1983, Midway Plaza proposed a shopping center and submitted a Conceptual Site Plan which dial not make sense and was abandoned. He said in 1984, Broward County passed a Wellfield Protection Ordinance and the developer got the tenants needed for the shopping center; therefore, the Site Plan was redrawn at 225,000 square feet. He said the shopping center was identified on the Williams, Hatfield & Stoner proposal for 4 or 5 wells and the City had no right to assume the property. He said the City said there would be 4 to 5 proposed wells on the site and, if not, the shopping center would not be allowed. He said the developer went to the County with the Site Plan explaining the 4 to 5 proposed wells. He said the County informed the developer that the property was in a Zone 3 Wellfield Protection Zone because of where the water plant was located. Mr. Brady said the developer asked the County if the zoning would be changed and the County said no. He said the developer asked if there would be a problem putting the shopping center there and the County replied, no, providing an inventory was filed from time to time. He said the Site Plan was approved by the City providing the wells were drilled; therefore, while the Plaza was being built, the developer and the City entered into an Agreement to have the developer's contractors drill the holes for the City and submit the cost to the City. He said this Agreement saved the City a bid cost for the drilling and the Agreement saved the Plaza from having a cost for paving repairs. He said the City was responsible for getting the necessary documents required for the drilling; however, there may have been neglect on behalf of the City. Mr. Brady said the County, City of Tamarac, Consulting Engineers on both sides and the Attorney's misinterpreted the procedures for the Wellfield Protection Ordinance. He said as soon as holes were punched in the ground, the Zone 3 Area automatically was turned into a Zone 1 Area. He said the shopping center in theoretical effect, became a Zone d Area. He said if the developer knew the area Page 8 / 1/28/88 was classified as Zone 1 and went to the County for approval, the County would not have allowed the development; however, the County neglected to inform the developer that the Zone would be changing if the wells were drilled. Mr. Brady said when the County was asked why this information was not given; several excuses were given; such as, no one said the wells would be drilled, the Ordinance was new and not understood and the Ordinance was not meant to deal with areas the County already found with proposed wells. He said there were several misconceptions about the Ordinance by all involved. He said the problem was found by accident two years later after the shopping center was built. Mr. Brady said one of the tenants applied for a Special Exception Use with the Building or Engineering Department of the City and the tenant was told to go to the Environmental Quality Control Board or Broward Utilities for a signoff. He said the tenant went there and the County said the use could not be allowed at the shopping center because of 4 drilled holes that the County was not informed about; therefore, that was where the problems began. He said the City never condemned the land where the holes were and the developer allowed the lines to be created and gave the easements. Mr. Brady said there was a perception problem for controlling the uses at Midway Plaza. He said the use was not a Dress Shop or a Photo Lab but a 225,000 square foot shopping center which had tenants and, if the right tenant mix and market segment was not produced, the shopping center would be deserted. He said Publix Market was one of the biggest in South Florida and at some time, Publix wanted to have a one -hour Photo Lab placed inside; however, the City Ordinance, if passed, and if the wells were not abandoned, would not allow Publix to expand because of the non -conforming use. He said Publix said they did not want to be limited for usage because the store was a new prototype store; therefore, the developer would have problems. Mr. Brady said the ramifications of the proposed Ordinance not solving the problems was significant economically not only to the developer but also to the City because the shopping center was a major asset to the City. He said if the solution proposed by the City staff was denied, then the time spent finding a solution to the problems would have been wasted by all involved. Mr. Brady said negotiations were an alternative to resolve the problems and negotiations were done to a point that the only viable solution was to abandon the wells. He said the City had several variables for getting future water. He said he recently met with the County who said that the location of the wells on the golf course would not be objectionable; however, the County may have changed their opinion and did not inform him. He said the County considered the matter with the wells being located at Midway Plaza severe and almost any other alternative would be better. Mr. Brady said the solution of abandoning the wells would solve the problem for everyone. He said he did not see any other alternatives as feasible as abandoning the wells. He said the closing of the wells would be done at }ho aeveloper's expense with City overview. He said Page 9 1 1/28/88 there were only 2 obligations for the City; (1) The City would have to sign the applications to South Florida Water Management District for abandoning the 4 wells. (2) The City would have to stand ready after the Quit Claim Deed and the Bill Of Sale is signed to execute other documents that the developer's Title Examiner had for the City. He said when the Abandoning Agreement was signed, the City would no longer be involved. City Attorney Doody said the solution was predicated upon increased pumpage in the existing wells and he asked if anyone looked into the issue of the South Florida Water Management District approving the increased pumpage. Mr. Brady said the matter was looked into and there should be no problem with increasing the pumpage. Mr. Brady said there were discussions on 2 wells being cleaned before the pumpage could be increased. Pat Davis, representative of Hazen & Sawyer, said there could be problems with the South Florida Water Management District depending on the pumpage being added. He said if the draw -down would be 90 feet to the base of the Aquifer, it would not be approved. City Attorney Doody said before the 4 wells were closed, the City had to be sure they could draw water from other wells and the increased pumpage had to be determined. Mr. Brady said if the determination of pumpage was not done, it would be done before the wells at Midway Plaza were closed. City Attorney Doody said ,his understanding of the County's Wellfield Ordinance did not concern the act of punching the wells into the ground that turned the zone into a Zone 1. He said it was the fact that the wells were put on the Map and Mr. Brady said that was why he referred to the zoning as theoretical. Mr. Brady said there was concern about expanding the contour of the wells because of increased pumpage and the County informed the Engineering Consultants that the contour would not need to be expanded because the contours were designed to the outer limits of the well capacity. Mayor Hart said the City should concentrate on who was responsible for the errors and what to do from this point on. C/M Rohr said he understood that the matter could lead to litigation; however, the developer should have some responsibility financially t6'correct the problem. He said $246,000.00 was a lot of money for the City to lose and the problem was not involving the City only. He said he would like to see a proposal by the developer regarding financial help to the City for expanding the system. C/M Stelzer said when this matter went to Referendum there were no inclinations that there would be a problem and he asked if it was the duty of the South Florida Water Management District to inform Water Management Resources of the matter and to see if the permits could be issued. Page 10 V 1/28/88 TAPE 3 Mr. Davis said it was not Water Management Resource's responsibility; however, South Florida Water Management District recognizes that there was a communication problem between themselves and the Broward County Water Management Resources. He said at this time, all new applicants had to prove that the requirements for the Broward County Wellfield Ordinance were met before South Florida Management Resources granted them permits. He said several other Cities were having problems as well. City Attorney Doody said his understanding of the permit process at that time was that South Florida Water Management asked for comments from Broward County; however, the process may now be more formal. Jim Brady said the problem the Wellfield Ordinance tried to address was to prevent the potential of a hazardous material being poured down a hole connected to a pool of water. He said it seemed that a permit was needed to drill the hole; however, if the hole was drilled before the Ordinance was created and the hole was not placed on the Map, then the Zone was changed. C/M Stelzer said when this matter went to Referendum and the holes were drilled, nobne was aware of the problems this matter would bring. He said in December, 1986, the Water Management Resources District informed everyone of the problem; however, up until that time, it was noone's fault. He said one solution was to continue use of the 4 wells and restrict Midway Plaza's tenants or to abandon the 4 holes and expand the capacity of the City's existing wells. He said this matter would not be a solution because, if the City were to continue the 4 wells and the City needed more water in the future, the existing wells could always be expanded. C/M Stelzer said the questions involved were: (1) would Midway Plaza have an agreement with the City to absorb some of the cost for the expansion of the existing wells (2) should the City not abandon the 4 wells because the capacity could always be increased when needed. He said he felt Midway Plaza should absorb some of the cost for the expansion or live by the City's decision to keep the wells. He said everyone was at fault for the errors and the misunderstandings. Jim Brady said when negotiations were in process with the City of Tamarac in 1984 for the drilling of the wells, Bill Martin, Alan Goldberg and he, asked City staff if what was being done would impair the developer's ability to run the commercial center because, if it did, they could not drill the holes. He said City staff assured them that nothing would impair the shopping center. Mr. Brady said the inventory expenses were unexpected; however, the developer agreed to the expenses. He said if there were other centers in the City that were not as complex, the tenants would relocate to the those centers. C/M Stelzer said the problem of monitoring wells to prevent the chemicals from going into the ground was not the City's problem. He said if the City approved the proposed ordinance, the tenants in violation would have to make the corrections. He said the City did not have to abandon the wells; however, if they were to approve the wells being abandoned then Midway Plaza should help with the cost of expanding the other existing wells. Page 11 1/28/88 Rick Rednor, Consulting Attorney, said if the Ordinance was adopted, the existing stores at Midway Plaza would remain the same except they could not expand and new stores could not come in with prohibited uses until the wells were put on the County Map. He said once the wells were put on the County Map then the City's Ordinance would be amended by taking the responsibility off the City for regulation. He said even if the Ordinance was adopted, the County may not place the wells on the map because the stores were continuing to exist. He said another option would be to revise the Ordinance by restricting the area which would make the existing tenants leave and, if that occurred, the City would be paying for it. He said it had been discussed that the existing stores should not be made to leave; however, if the City regulated the existing stores, the County may not put the wells on the Map. C/M Hoffman said this matter was the fault of a lot of people. He said the County was mostly at fault because of the false answers they gave to the questions yielded to them by the developer, etc. He said the developer was at some fault because obviously enough was known to ask the County the questions and the City was at fault because the drilling was approved. He said he would like this matter to be negotiated further to see if there could be a more equitable solution for the City. He said the cost for expansion, etc., would be the City's responsibility. V/M Stein said this matter has been going on for many years and the chances of the City getting the 4 wells on the County Map was slim. He said the County preferred the wells not to be there. He said he was there when the first negotiations began. He said the developer insisted the wells be drilled because they did not want any interference with the Plaza later; therefore, if Midway Plaza built the center and there were no wells involved and the City came along and wanted the wells put there, the wells would not be permitted. He said the reason the City should negotiate with the developer to help pay expansion costs was that the drilling was to accommodate the developer rather than disrupt the center later. He said the City agreed to have the developer's contractors drill the holes and paid $246,000.00 for the drilling as opposed to disrupting the construction of the center. V/M Stein said the matter was not the fault of the developer or the City; however, the matter needed to be negotiated further and,the City, while negotiating, should forget about using the 4 wells because the County would never grant permission for the use of the wells and because of the litigation that may occur in the future. He said the situation was bad because of urgency, etc., and the most logical answer was to negotiate this matter further. C/M Rohr asked if the Egan and Saint Malachy's church properties would be connected to the same aquifer and Mr, Greenwood replied, yes. C/M Rohr said he would like to see this matter negotiated further. Mayor Hart said negotiations were necessary; however, negotiations regarding closing the wells were not needed because the wells would not benefit the City. He said the negotiations should encompass what to do next. He said there were a number of people who should be involved with the cost of the expansion. He said the dPt7el(,)x)er Page 12 j 1/28/88 n and the City should be responsible for the expansion cost; however, Williams, Hatfield & Stoner should also be involved with the negotiations for the recovery of cost. Mayor Hart asked Bill Greenwood how much it would cost for the high power pumps and Mr. Greenwood said to replace the anticipated 4 million gallons at Midway Plaza, the cost would be about $210,000.00. Mayor Hart suggested everyone who has been involved with this matter participate in the negotiations. Bernard Newman, Resident of 74th Avenue, asked if the 4 million gallons at Midway Plaza was in addition to what was being pumped now and Mr. Greenwood replied, yes. Mr. Newman asked if the contract with the County Sewage Treatment Plant covered the additional sewage and Mr. Greenwood said there was sufficient capacity leased and purchased for sewage with the County under the existing Agreement until January 1, 1992, Mr. Newman said the City had an Industrial Ordinance which limited the type of business permitted in the City and he asked if the Ordinance covered the businesses that were in Midway Plaza and Council said, no. Mr. Newman asked if the pollutants from Midway Plaza would adjoin the Egan field and Mr. Greenwood said no, everything the County was doing was based upon travel time; therefore, the distance was a protection. C/M Hoffman said all the wells in the City are connected to one aquifer and the concerns with the County are where the Wellheads are located. Mr. Newman said if the City decided to abandon the wells, one well should be kept as a sampling well to determine if anything is getting into the aquifer. Jim Brady said if sampling was needed, a monitoring well would be used as opposed to a regular well. Mayor Hart ADJOURNED this meeting at 3:00 P.M. CAROL E. BARBUTO, CITY CLERK "This public document was promulgated at a cost of $136.80 or $3.80 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City of Tamarac." Page 13