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05-22-2001 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 22, 2001 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, May 22, 2001 at Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following Council Members present: Council Members Biddle, MacLauchlin, Mullins and Renick. Other City officials present were City Manager Saunders,, City Attorney Guthrie, Planning Director Brown, City Engineer Richardson and Deputy City Clerk Studdard. INVOCATION The Invocation was offered by Council Member Mullins, followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES Council Member Renick stated that on page four of the minutes, paragraph 5, in reference to the submittal of the final grading and site plan, her intent had been that it be submitted to the City Council and she would like the words 'to the Council' added to the minutes. A motion was made by Council Member MacLauchlin, seconded bp Council Member Mullins, and carried unanimously to approve the minutes of the Regular Council Meeting hem May 8, 2001, as amended. CITY MANAGER SAUNDERS' REPORT City Manager Saunders reminded the City Council of the CRA Workshop meeting to be held on Thursday, May 31, 2001, at 6:00 p.m. at the Police Department. Mr. Saunders also reminded the City Council of the Council Retreat to be held on Friday, June 1, 2001 at 9:00 a.m. at the Highlander Hut. NO OTHER REPORTS Council Member Renick asked City Manager Saunders for information regarding the reclamite being used on the city streets and stated that she had received several calls from concerned residents regarding this issue, primarily concerning foaming on the edges of roadways and dying turtles after rain. City Manager Saunders stated the City has been using the material once a year on a portion of our streets for about 12 or 13 years. He stated the project takes 3 to 4 days and has been completed for 2 to 3 weeks. He stated that he and the Mayor had reviewed information regarding reclamite material and that cities have used this product for 30 years. City Manager Saunders stated that he is trying to obtain additional information. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 22, 2001 Page 2 Council Member Renick stated that, since we do not receive rain as often now, perhaps there are other reasons for what the residents see happening. PRESENTATIONS & PROCLAMATIONS Mayor Turville presented a plaque representing the appreciation of the City to Dale and Ted Dewitt of Dewitt Excavating, Inc. for their generous contributions and efforts in filling the dredge hole in Lake Minneola. Mayor Turville stated that City Manager Saunders had contacted the Lake County Water Authority to request that they obtain a permit to fill the area, which they did, and that Dewitt Excavating then took over and, at entirely their own expense of time, money and material, completed the project. Mayor Turville then presented a plaque to Dale and Ted Dewitt on behalf of the City. CONSENT AGENDA Mayor Turville read the listed Consent Agenda and asked if anyone wished any item to be pulled for discussion: Item 1 -Miracle Church of God Change in Date Request to change date to June 9, 2001 for closing of Bloxam Street between Juniata and DeSoto Streets from 3:00 p.m. to 7:00 p.m. for a community-wide street party in front of McKinney Park. Item 2 -Methodist Church Request for Temporary street closing for June 29, 2001 Event A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to approve Items One and Two o_f the Consent Agenda. UNFINISHED BUSINESS Ordinance No. 425-M - Final Reading Mayor Turville read the ordinance by title only. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 22, 2001 Page 3 Planning Director Brown stated that the applicant, South Lake County Community Foundation, is requesting a rezoning from R-3/Residential Professional to CBD/Central Business District for property located on the southwest comer of West Avenue and Juniata Street, facing Center Lake. He provided an overhead display of the site. He stated that a Small Scale Comprehensive Plan Amendment was granted by the City Council last month to change the land use district classification from NED-6/Residential to Central Business District and that this is the follow-up rezoning request to bring the zoning in line with the new land use district classification. Mr. Brown stated that Staff feels the use of this property as the new location of the South Lake County Community Foundation's offices is appropriate and therefore supports the rezoning request. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: Steven Lee, 4734 Empire Church Road, Groveland, FL, representative of the South Lake County Community Foundation, the applicant, spoke regarding the acquisition of the property and the planned use of it as their administrative offices. Charles Forth, 939 W. Desoto St., spoke in opposition to the zoning change and about the businesses and residential area surrounding this property. He also spoke regarding the future plans for the property and the reason for this request. Charlene Forth, 939 W. Desoto St., spoke regarding the neighborhood's objections due to traffic concerns. She read two letters from area residents and asked that theybe entered into the record. She then asked why this change is being requested. Mayor Turville asked Planning Director Brown to explain the parking regulations for each zoning classification, current and proposed. Planning Director Brown stated that, under R-3 zoning, one parking space is allowed for every 200 square feet of office space while Central Business District allows one space for every 400 square feet of office space. Mayor Turville then asked Planning Director Brown if the applicant's concern regarding parking is in having to utilize the front and rear yard space. Planning Director Brown stated that, under the R-3 zoning, the front and rear would be used for parking and that the applicant did not want to pave the front yard but instead add grasses and landscaping for aesthetic reasons. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 22, 2001 Page 4 Mayor Turville then asked if the same could be accomplished by a variance with the zoning remaining the same. Planning Director Brown stated the applicant would then have to go through the Conditional Use Permit Process, since a Professional Office is a Conditional Use under R-3 zoning, as well as request a variance. Mr. Forth spoke again and objected to rear parking on this property due to a residence being located directly behind it. He further stated that there could be five pm, king spaces in the street. Council Member Renick asked if the taxes would go up for the South Lake County Community Foundation if this change is put into' affect. Mr. Lee stated they are a non-profit organization. Council Member Renick stated there had not been any objections when the Small Scale Comprehensive Plan Amendment had been approved to change the Land Use Designation to Central Business District. She also stated that in driving by the property she noticed there is not a sign giving notice of a proposed land use change posted on the property. She then stated that, particularly if a sign had not been posted back when the request for the Small Scale Comprehensive Plan Amendment was heard as well, perhaps the City Council should not be hearing the request at this time. Planning Director Brown stated that this request had started through the process prior to adoption of the ordinance regarding signage for Land Use changes but that Staff had not just placed the advertisement notifying of the request but had included a graphic depiction of the site and explanation of the request. He stated that residents within 150 feet of the subject property had received a letter of notification as well. Council Member Renick asked if the property has been purchased at this point. Mr. Lee stated that the contract for sale had been extended a couple of times and that the seller is impatient to complete the transaction. He further stated that there is a charitable contribution that goes along with the sale. Council Member Renick asked Mr. Lee if he would put the offices at this location if the zoning remains R-3/Residential. Mr. Lee stated he probably would not due to the aesthetic results. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 22, 2001 Page $ City Manager Saunders stated that Professional Office use cannot go into this location without a Conditional Use Permit since it is not a permitted use in the R-3/Residential area. He further stated that there are other differences between the two zoning classifications as well. Council Member Biddle asked how long the hair salon had been a permitted use at this location. Mayor Turville stated it had been there a very long time. Mayor Turville then asked City Attomey Guthrie for his opinion regarding this request. City Attorney Guthrie stated that changing the Comprehensive Plan Land Use Designation is legislative and has already been decided and to undo it would require a separate action. He stated that this is an appropriate extension of the Central Business District by the Comprehensive Plan Designation with it being fight across the street from existing Central Business District. He stated that the City Council has legislative prerogative to set the tone for where the Central Business District will be extended and setting it here as a buffer between some commercial uses and the residential area is very appropriate. He further stated that, with the new designation already in place, the City Council now has to determine the appropriate zoning, and the zoning being sought here is an appropriate one. Council Member Renick asked if the aesthetic problem could be explained in more detail. Planning Director Brown stated the applicant would be required to provide parking in the front and rear in order to meet code requirements. He stated this would require cutting into the hillside and adding retaining walls and concrete, which would not be very attractive, but if they removed the gravel in the front, re-sodded and added additional landscaping it could be very attractive. Council Member Renick asked if this could be addressed through a variance without changing the zoning. Planning Director Brown stated that it could. Mayor Turville closed the public hearing at this time. Council Member Mullins asked how much time and funds the Foundation would spend to go back through the Conditional Use Permit process. Planning Director Brown stated it would cost $450.00 and if the application was submitted before June 1, 2001 then the City Council would hear the request at the end of July. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 22, 2001 Page 6 Council Member Mullins asked, since the contract has been extended already, how this would affect the transaction. Deputy City Clerk Studdard swore in the following: Linda McMurphy, 7811 Ed Douglas Road, Groveland, FL, spoke as the president of the South Lake County Community Foundation as well as the real estate broker for this transaction and stated that this was supposed to close within 60 days and they had thought they had gone through the correct procedure with the City. She stated there are other parties interested in the property and the Foundation could lose this site. Ms. McMurphy stated that leaving the zoning as it is now would basically be a building surrounded by concrete, which is not the representation the Foundation wants. Council Member Renick asked if there would be any way to expedite the Conditional Use Permit process for this request. Planning Director Brown stated it is already past the advertising deadline date for the Planning & Zoning Commission meeting in June. Discussion followed regarding the neighborhood concerns and the South Lake County Community Foundation. Deputy City Clerk Studdard swore in the following: Oakley Seaver, 1210 Seventh Street, stated the beauty shop had been at this location for approximately 40 years. Council Member Biddle stated that any new applicant would be facing the same parking challenges as the current one and that the Foundation is an organization that is concemed about the overall effect of their business at this site. He stated another applicant could come in and pave the front and rear without concern for appearance. Council Member Renick asked if that could be done as it is zoned now or under Central Business District. Planning Director Brown stated that this could occur under either zoning. Mayor Turville stated that the concerns of the residents are that there are more uses available under the Central Business District zoning than under residential. He then asked Planning Director Brown to review the permitted uses under each zoning classification. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 22, 2001 Page 7 Planning Director Brown listed the permitted and conditional uses for each classification. Council Member Mullins asked if multi-family is allowed under R-3/Residential. Planning Director Brown stated that R-3/Residential allows up to 11 units per acre as permitted. Council Member Renick stated that the introduction to R-3/Residential that Planning Director Brown was reading from states that the allowed uses should not be in direct conflict with the residences in the area and that the section regarding Central Business District discusses more intense uses. She further stated that, although she does not wish to inconvenience the Foundation, she feels it would be best to ask the applicant to go through the Conditional Use Permit process for a variance. /1 motion was made by Council Member Renick to deny Ordinance No. 425-M, motion died due to lack o_f second. Mayor Turville asked if there was another motion. Council Member Mullins stated he understood the concern but thinks in this case the building will be more of an asset to the community by being moved into the Central Business District and having more landscaping and aesthetic appeal. He further stated that the Foundation could lose the site if it waits another 60 days and the City could end up with an unknown user at this location. A motion was made bp Council Member Mullins, seconded by Council Member Biddle, and carried bp a roll call vote of_four to one to adopt Ordinance No. 425-M, with Council Member Renick being the opposing vote. Ordinance No. 426-M - Final Reading Mayor Turville read the ordinance by title only. City Manager Saunders stated a letter had been received from the attorney for the car wash project requesting this item be tabled to the next City Council meeting. Ladd Fassett of Fassett, Anthony and Taylor, P.A., as legal representative for Micah Savelle of The Right Site, Inc., stated the. request for postponement was due to Mr. Sayelle being out of town and unable to meet with the Lakeview Drive residents prior to this meeting, but that Mr. Savelle had driven back and met with those residents; therefore there is no need to postpone. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 22, 2001 Page 8 City Manager Saunders reviewed this issue by stating that there is a request for a car wash on the site just west of the 7-Eleven store on State Road 50. The developer proposes to utilize Lakeview Drive as access to the site. Lakeview Drive residents have shown concern regarding the commercial traffic using Lakeview Drive and Almond Street, which prompted the proposed street closing of the southern 10 feet of Lakeview Drive preventing access to the site. Mr. Fassett stated that an agreement has been reached with the representatives of the Lakeview Drive area and provided the signed agreement for the record. Mr. Fassett then reviewed his client's reasons for opposition to the closing of Lakeview Drive. Mr. Fassett then stated that the agreement is conditioned upon the City not passing Ordinance No. 426-M and reviewed the elements of the agreement. He stated that the City would have to approve this agreement. He further stated that it has been contemplated that the owner is willing to sign a developer's agreement to be recorded to bring this agreement into the public record. Mr. Fassett then requested that the previous letter and all documentation regarding this issue he had provided to the City Council be incorporated into the record. He then requested that he be allowed to speak on this issue if the City Council decides to pursue the adoption of Ordinance No. 426-M. JeffHowe, 1248 Lakeview Drive, spoke as a resident and stated that there are still reservations in the neighborhood regarding this agreement. He then asked how the agreement with Ms. Bohannan had originally come about. City Manager Saunders stated that there had been a 60 foot piece of Lakeview Avenue that extended south into another property. The property owner at that time requested that the City Council close that southern 60 feet so that they could square offthe property and in return they agreed to dedicate additional right of way for the future cul-de-sac needed to bring Lakeview Drive up to code. Mr. Howe then asked why the area residents were not notified at the time that this occurred. City Manager Saunders stated that notice of that street closing was given at that time and there would have been a public hearing on it. Mr. Howe then voiced concems regarding the safety of the neighborhood as it relates to the traffic and asked if all of the items in the agreement would be put in place. Mayor Turville stated they would be discussed shortly. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 22, 2001 Page 9 Richard Keith, 1333 Lakeview Drive, spoke as part of the committee that met with the developer to create the agreement. He stated that as a representative of the community who signed the agreement he still has reservations about Lakeview Drive being used for commercial traffic but voiced his support of the agreement instead of Ordinance No. 426-M. John Donald, 3526 West Drive, spoke in support of the agreement. Patricia Wilker, 1223 Lakeview Drive, spoke as a resident of the area in opposition of the agreement. Mayor Turville asked City Attorney Guthrie to address the developer's agreement. City Attorney Guthrie stated that the City could enter into an agreement to control how these items are put into place while passing the obligation to pay for them to the developer. City Manager Saunders stated most of the items in the agreement could be put into place. He stated that Staffdoes feel that the cul-de-sac should be a requirement. He stated that anytime a vehicle, particularly emergency types, needs to mm around it would not be possible to do so without turning into a driveway. He further stated that a roundabout type of cul-de-sac would serve to slow traffic coming out of the car wash site. Mr. Saunders stated that the City has not allowed speed bumps as a matter of practice in the past but that it could be done. He stated that the 6 foot wall on the northern side of the property should allow room for the landscaping outside of that wall. He further stated that, by the uniform traffic standards, Children at Play signs are only placed on streets where you find a facility for children. He then recommended that the City Council table further action on Ordinance No. 426-M until a developer's agreement could be drafted and brought back to the City Council. Mayor Turville stated he does not feel there must be a cul-de-sac and that he is willing to give some leniency regarding the sign issue for the neighborhood. He then asked City Attorney Guthrie if he felt the Ordinance should be tabled until the developer's agreement is brought back. City Attorney Guthrie stated it would keep the Ordinance alive until the developer's agreement is in place, and recommended tabling it on a meeting-to-meeting basis. Discussion followed regarding this process and the cul-de-sac. City Manager Saunders stated he was only voicing concern that the dead end street might be better served with the cul-de-sac, but that all the items of the agreement could be put into place. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 22, 2001 Page 10 Mr. Howe then spoke in support of the cul-de-sac. Council Member Renick asked why the hours of operation were not addressed in this agreement. Mr. Fassett stated the developer made other concessions because the hours of operation are an important element of this business. Council Member Mullins asked ifa gate could be installed closing traffic from the car wash site to Lakeview Drive during late evening hours. Mr. Fassett stated that had been requested but was not part of the agreement. Mayor Turville encouraged the City Council to support the agreement and suggested that they go ahead and table the ordinance until the developer's agreement is brought to the City Council. Mr. Fassett requested that the City Council go ahead and deny the ordinance based upon the signed agreement between his client and the homeowners he had submitted as an indication of good faith. Council Member Renick asked if there is a way to prevent the 7-Eleven traffic from using this access as well. Mr. Fassett stated that access cannot be denied. He further stated that when those additional commercial parcels just north of the car wash on Lakeview Drive are developed they would be able to use this access and therefore reduce traffic into the remainder of the neighborhood. Council Member Mullins stated he feels this will become an alternate route for commercial traffic instead of a dead end street and voiced his dissatisfaction with the situation. Discussion followed regarding the agreement of 1995 between the property owner at that time and the City regarding the cul-de-sac. City Manager Saunders stated that there has always been access from that site to Lakeview Drive and that the agreement was for the benefit of the City to have additional right of way in case a cul-de-sac was needed. Council Member Renick stated she would like to table Ordinance No. 426-M in order to keep it alive, since she feels the agreement needs more benefits for the residents. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 22, 2001 Page 11 Joe Lavell, 1256 Lakeview Drive, spoke about traffic on the lots next to him and stated that the car wash should have an attendant. Council Member Biddle stated he feels that the developer and residents have accomplished a great deal by bringing this agreement and does not want to jeopardize what has been done, even though the neighborhood will change. A motion was made bp Council Member Biddle, seconded by Council Member MacLauchlin, and carried by a four to one roll call vote to deny Ordinance No. 426-M, with Council Member Renick being the opposing vote. Resolution No. 1198 - Grace Community Church Mayor Turville read the resolution by title only. Planning Director Brown stated this request is for a Conditional Use Permit to amend Resolution No. 1075 to allow the temporary operation of a church at Lot 5 of the Citrus Tower Center. He stated that Staff recommends approval of the request. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: Don Farley, 10719 Lake Ralph Drive,the applicant, spoke regarding the request. A motion was made by Council Member Biddle ,seconded by Council Member MacLauchlin, and carried unanimously to adopt Resolution No. 1198. Resolution No. 1199 - Janis Sheldon Mayor Turville read the resolution by title only. Planning Director Brown stated the applicant, Jan Sheldon, is requesting a Conditional Use Permit to allow the operation ofa Montessori school at 983 West'Desoto Street and provided overhead display of the proposed location. Mr. Brown stated that this is an appropriate location, with the Magic Moments nursery school across from the subject property, and that Staff recommends approval. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 22, 2001 Page 12 Jan Sheldon, 17521 S.R. 19, Groveland, spoke as the applicant regarding the request. She stated the hours of operation are 8:30 a.m. to 2:30 p.m. with 32 children being dropped off between 8:30 and 8:45 a.m. She stated that approximately one half of the children are picked up at 11:30 a.m. and the remainder are picked up at 2:30 p.m. She further stated that the school follows the Lake County school schedule and is in operation 180 days of the year. Charles Forth, 939 West Desoto Street, spoke in opposition to the request and stated he is primarily concerned about traffic from this school and Magic Moments. Dick Tegan, 2292 Twickingham Court, Clermont, spoke in support of the traffic flow as it is designed. Charlene Forth, 939 West Desoto Street, spoke in opposition to the request and submitted two letters to be entered into the record from area residents voicing opposition to the request. Mayor Turville stated, regarding a comment from Ms. Forth, that the City Council would be reviewing the R-3/Residential zoning classification in the near future. Council Member Renick verified with the applicant that the school would follow the Lake County school schedule in response to Ms. Forth's comment regarding traffic when area children are out of school. Council Member Renick also discussed with the applicant the concern of a neighbor regarding noise. Council Member Renick asked how many children attend Magic Moments day care facility. Ms. Forth stated there are about 50 children attending Magic Moments. Mr. Forth spoke again regarding driveway locations to the area businesses in relation to his driveway. City Manager Saunders spoke regarding traffic flow and the best route for it. Discussion followed regarding driveway locations and the flow of traffic for these businesses. Mr. Forth requested that the City put a 4-way stop sign in to slow the traffic in the area. Mrs. Forth spoke again regarding the traffic in the area. Council Member Mullins stated it would be a good idea to try the 4-way stop in the area. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 22, 2001 Page 13 Discussion followed regarding this issue. Mayor Turville stated he is undecided as to whether this location is the best place for the school or not. Council Member Mullins stated he does not perceive any future traffic problems for the area if the school goes in at this location. Ms. Sheldon spoke again regarding pick up/drop off at the school. The City Council directed Staffto install the 4-way stop at the discussed location. A motion was made by Council Member Biddle, seconded bp Council Member Mullins, and carried bp a vote of three to two to adopt Resolution No. 1199, with Mayor Turville and Council Member Renick being the opposing votes. Resolution No. 1200 - Home Depot USA, Inc. & Variance Requests Mayor Turville stated the City had received correspondence from a representative of Home Depot USA, Inc. requesting that the City Council table their requests until June 26, 2001. A motion was made by Council Member Renick ,seconded by Council Member Mullins, and carried unanimously to table Resolution No. 1200 and the Variance Requests accompanying it to the City Council meeting o_f June 26, 2001(time certain). Variance Request - Joe Nehematallah Planning Director Brown stated the applicant, Joe Nehematallah of Duracraft Homes, is requesting two variances: 1) to allow for a driveway on Second Street that is less that the required distance from S.R. 50, and 2) to relieve the applicant from providing the required landscape buffer along a retaining wall on S. R. 50 for the medical office building of Dr. Jaime Gonzalez, located at the southwest comer of S.R. 50 and Second Street. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: John Nehematallah, 1637 Sunset Village Boulevard, Clermont, representative for the applicant, spoke regarding the variance request regarding the landscaping and explained what the applicant is proposing to use instead. He provided information regarding the wall to the City Council. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 22, 2001 Page 14 City Manager Saunders stated that the type of wall the applicant is proposing has been built in other projects in the City. Discussion followed regarding the type of wall being built and landscaping. motion was made by Council Member Biddle, seconded bP Council Member Mullins, and carried unanimously to approve the Variances requested. Center Lake - Muck Removal City Manager Saunders stated that a letter has been received from the Department of Environmental Protection stating the City has met all the requirements in order to be issued a permit for the muck removal at Center Lake and that the permit should be issued by May 24, 2001. He stated that the City has received nine proposals for muck removal with the low bid being from Reliable Peat Company with a range of $205,065.00 to $410,065.00. He stated the range is in place because the low bid amount is only if Reliable Peat Company will have the ability to market the muck, which is dependent upon the quality. He stated that Staff recommends awarding this bid to Reliable Peat Company. City Manager Saunders discussed funding for the project by delaying budgeted stormwater projects with additional funds from the General Fund. City Manager Saunders stated Reliable Peat Company is fairly certain there is a buyer for the muck, which would place the amount of the bid in the mid range. Mayor Turville recommended awarding this bid and stated the City Council could place a stop on spending if it felt the cost was getting too high. He also spoke about the dewatering process. Council Member Biddle stated he did not want the budgeted stormwater funds used for this project. Discussion followed regarding the time involved to complete the project and the funding needed for it, as well as the condition the lake will be in if this work is not done. A motion was made bY Council Member MacLauchlin, seconded by Council Member Mullins, and carried unanimously to award the bid to Reliable Peat Company, the low bidder, and directed Staff-to enter into contract for muck removal of Center Lake. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 22, 2001 Page 15 Well Equipment City Manager Saunders stated that construction plans for the new well to be located next to the 500,000 gallon treatment plant are being prepared. He stated that City Engineer Richardson would like to direct purchase two pieces of equipment in order to save on construction time. City Engineer Richardson provided the three bids received for the hydro-pneumatic tank. She stated that the low bidder is Dixie Tank in the mount of $52,100.00. She then stated that the Onan emergency generator price is $45,000.00 and requested authorization to direct purchase both of these items. A motion was made by Council Member Biddle, seconded bY Council Member Mullins, and carried unanimously to authorize Staff to direct purchase the hydro- pneumatic tank from Dixie Tank, the low bidder, and to sole source purchase the Onan generator. Palatlakaha Playground City Manager Saunders spoke to the City Council regarding the test results and stated that Staff is proposing to remove 8 to 12 inches of soil from the playground area and replace this with clean sand. He stated that prior to placing the new sand on the site the City will reseal all of the wood for additional protection. He stated that Staff anticipates the cost to be approximately $25,000.00 if the City is required to dispose of the contaminated soil at a lined landfill, with .approximately $20,000.00 of the total being for that disposal. He stated that the City will be able to utilize available recreation impact fees for this project and requested authorization to complete this project and appropriate necessary funds from the recreation impact fees. A motion was made by Council Member Mullins, seconded by Council Member Renick, and carried unanimously to authorize Staff to remove the contaminated soil at Palatlakaha Playground, reseal the equipment andfill with new soil. Mayor Turville then asked the City Council to consider what to do about the swim area at Waterfront Park since the holes have now been filled. Mayor Turville asked if anyone wished to speak to the City Council on any other issues. Joe Janusiak, 1000 Disston Avenue, #15, spoke regarding the Palatlakaha playground. A resident asked for the status on Fire Station #1. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 22, 2001 Page 16 City Manager Saunders stated that the fire station should pass inspection during the coming week. There being no further business, the meeting was adjourned at 11:30 p.m. Attest: