HomeMy WebLinkAbout1988-01-28 - City Commission Workshop Meeting Minutes16'
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TAMARAC. FLORIDA 33320
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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
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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
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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
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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
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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
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1
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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
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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
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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.
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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
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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."
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