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08-28-2007 Regular MeetingCiry of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 28, 2007 The Clermont City Council met in a regular meeting on Tuesday, August 28, 2007 in the Council Chambers at City Hall. Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members Mullins, Goodgame, Hogan and Berlinsky. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, Administrative Services Director Van Zile and City Clerk Ackroyd. INVOCATION Rabbi Steven Cardonick gave the invocation followed by the Pledge of Allegiance. MINUTES August 14, 2007 Council Meeting Minutes Council Member Goodgame moved approval as written• seconded by Council Member Hogan. The motion passed with all members present voting"aye" PUBLIC COMMENTS Cuqui Whitehead, 837 5`h Street, requested Council permission to look into having a Police or Fire Department Ball. Mayor Turville requested she discuss with City Manager Saunders. Patricia Hobensack, 197 Pitt Street, questioned parking within 25 feet of a fire hydrant, not allowing parking on sidewalks and locations where semi-trucks can park. City Manager Saunders stated semi- trucks can park in an M-1 zone and to arrange it with the property owner. Mayor Turville suggested she make an appointment with the Police Chief to address the other concerns. Karen Gioeli, 1177 Short Street, spoke about having a nine (9) day delay with garbage pick up due to the Labor Day holiday. Mayor Turville asked City Manager Saunders to look into it. REPORTS City Manager Saunders requested the Council respond to the League of Cities sponsor night to be held on September 12. City Attorney Mantzaris - No Report Council Member Goodgame reported on attending the Plaza Collina meeting where the developer reviewed the new plans. Hearings have been in Minneola in September. Also, he commented on the Lake County Board of County Commission vote against raising impact fees. Council Member Hogan - No Report Council Member Mullins attended the annual Chamber Teacher Appreciation Breakfast. There were more than 700 teachers in attendance and over $1.6,000 was given to the teachers in cash and prizes. Council Member Berlinsky suggested the Celebration of Praise representative speak on their behalf. Mayor Turville - No Report City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 28, 2007 CONSENT AGENDA Mayor Turville advised the next item on the Agenda for consideration was the Consent Agenda and requested anyone wishing to have any item pulled for discussion to please come forward at this time. Item No. I -Bid Award Request to award the Base Bid for 2007 Street Resurfacing to Middlesex Corporation Item No. 2-Bid Award Item No. 3 -Purchase Approval Item No. 4 -Contract Approval Request to award bid to H&H Cleaning for janitorial services for City facilities Request approval to piggy-back Osceola County's bid to purchase Mosquito Control Chemicals Request approval to enter into a contract with Arista, Inc. to print, fold, insert and mail the City's utility bills Anthony Lavender requested item 2 be pulled from the agenda. Council Member Goodgame moved to approve consent agenda items 1 3 and 4• seconded by Council Member Mullins. The motion passed with all members present voting "ate Anthony Lavender is the current cleaning contractor. He requested the opportunity to bid on the services as he was not informed of the bid process. City Manager Saunders noted staff followed procedures on the bidding process and advised Mr. Lavender we would be making a change. Mr. Saunders urged Council to move ahead and approve as it would not be fair to reject the bids submitted and start over. City Attorney Mantzaris noted that staff followed the city's procedures on procurement. The only option is to accept or reject and start over. If the Council decided to reject the bids received, it would be setting a difficult precedence on the procurement side. Mayor Turville questioned if staff is satisfied with the current cleaning service provider. City Manager Saunders replied with no as that is the reason staff decided to go out to bid on cleaning services. Council Member Mullins moved to award the bid to H & H Cleaning• seconded Council Member Berlinsky. The motion passed with all members present voting "aye" UNFINISHED BUSINESS Council Appointment This is an appointment to the Lake Community Action Agency. The Council must appoint a liaison from the Council and the liaison can appoint an alternate that is not a Council Member. Mayor Turville noted that Lester Cole, who has served on this agency previously, is interested in serving as an alternate. Council Member Good ag_me appointed Mayor Turville as the representative with the understanding that he will appoint Lester Cole• seconded by Council Member Mullins The motion passed with all members present voting "aye" City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 28, 2007 NEW BUSINESS Transmittal Hearing -Large Scale Comprehensive Plan Amendment Barbara Hollerand, Planner, presented the transmittal hearing for the City's second-cycle 2007 comprehensive plan amendment, which includes three separate requests. Items approved for transmittal will be forwarded to the Florida Department of Community Affairs (DCA), Lake County, and the five reviewing agencies. Then, it will return to the Council for adoption in November. She advised the audience of the "Comprehensive Plan Citizen Courtesy Information List" form. The Florida DCA in Tallahassee provides this form for individuals who are interested in being notified when the Notice of Intent to find the comprehensive plan amendments in compliance is published should anyone be interested in providing their contact information. Item one (1) is being handled administratively. This is the Hartwood Marsh Self-Storage Facility/Baffles property. This is an approximately 23-acre property, located east of 27, on the south side of Hartwood Marsh Road, west of Hancock Road. The owner is Florida Discount Self Storage No. 4 LLC. It was annexed into the City last month. The project is under construction. All annexations trigger the need for a comprehensive plan amendment to change from County to City future land use. Commercial properties in Undeveloped District 7 also require text amendments to describe the location of the commercial use. The map change for this is from County Urban Expansion to Undeveloped District 7 Commercial. Barbara then reviewed the proposed language for the text amendment. Staff recommended approval of the Future Land Use Map change and the text change to the Undeveloped District 7 language in Appendix C of the Future Land Use Element. The Planning and Zoning Commission recommended approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame questioned if this facility is donating right of way for the expansion of the road. Ms. Hollerand advised that it has already been donated. Council Member Goodgame moved that item 1 of the proposed Large Scale Comprehensive Plan Amendment is included in the vote to send to DCA• seconded by Council Member Mullins. The motion passed with all members present voting "aye" Item two (2) is the Foxchase property. This is an approximately 78-acre property, located west of U.S. 27, south side of the South Clermont Connector, adjacent to Legends. The owner/applicant is Standard Pacific of Central Florida GP, Inc. This property was also annexed last month and the project is under construction. The property owner already has secured the necessary approvals for the 162-home subdivision. This step is to replace the County future land use with a City future land use. It needs a map change from County Urban Expansion to Undeveloped District 7 (UD-7) Residential. Staff recommends approval of the Future Land Use Map change. The Planning and Zoning Commission recommended approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved that item 2 of the Large Scale Comprehensive Plan amendment be included in the transmittal• seconded by Council Member Mullins The motion passed with all members present voting "aye" City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 28, 2007 Item three (3) involves a property already in the City. It includes both a map and text change. This is the Celebration of Praise property, located west of U.S. 27, south of the South Clermont Connector, north of Legends. The owner is the Local Board of Trustees of the Church of God. The applicant is Cecelia Bonifay with Akerman Senterfitt. The applicant is asking for a map change from Undeveloped District 7 (UD-7) Residential to UD-7 Commercial for 14.7 acres of the approximately 50-acre property. Also, a text change to describe this commercial use at this location in UD-7. A second request by the applicant is to amend the UD-7 language to add "age-restricted adult independent living and assisted living" to the allowed uses on the full parcel at this location in UD-7. The City granted a conditional use permit (CUP) for a church use on the property in 2002. The CUP was amended in 2003 to allow for four (4) changes to the original CUP, including increasing the size of the worship center. The list of land uses currently approved in the CUP also includes: 1 educational classrooms 2 a church office complex in the worship center building 3 a family life community center with gymnasium, outdoor swimming pool, and kitchen facility with banquet area 4 a daycare/nursery center 5 a spiritual life center with library, bookstore, cafe and meeting rooms 6 a picnic pavilion; maintenance garage; 8 Bowling alley and arcade. These uses were shown on the CUP-referenced site plan as phase I and II. A third phase was shown on the approved site plan, but because it was not part of the CUP, it was not approved by the Council. The Phase III area, proposed in the 2003 plans as a nursing home, assisted living and independent living, was shown on the site plan as being on about 10 acres of planted pine along the western boundary of the property, adjacent to Legends. The church has completed the Phase I construction of the family life community center, the daycare/nursery and the spiritual life center. The church anticipates applying for an amendment to the existing CUP to reflect changes in the timing and scope of future phases. Because some of these changes are contingent upon the approval of the comprehensive plan amendment to allow for commercial use on the 14.7-acre parcel and to add the independent living and assisted living uses, the CUP amendment application would not move forward until any comprehensive plan amendment changes are adopted, which would occur no sooner than November. The church has indicated that in a new CUP amendment application, it will show the relocation of the worship center sanctuary's proposed parking, presently shown on the approved site plan as part of Phase II and as being within the 14.7-acre proposed commercial site, to another location within the parent tract. A traffic study on the 14.7 acres of proposed commercial was included with the application. The study concluded that "there will be no degradation to the surrounding roadway network with the addition of the proposed development at the proposed build-out in the year 2020." The City planning staff has been working with transportation planners with the Lake-Sumter Metropolitan Planning Organization in a review of the report. Existing traffic volumes referenced in the report appear to be underestimated and some key roadway segments, such as Citrus Tower Boulevard and the South Clermont Connector, are not included in the study area roadways. Staff cannot support this request for commercial at this time. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 28, 2007 Should the amendment be approved for transmittal by the Council, the amendment and the traffic study will be forwarded to the Florida Department of Transportation as part of the agency review. Staff can support the additional uses of age-restricted adult independent living and assisted living for the parent tract. Such uses are complementary to existing uses on the property and are logical land use transitions from the adjacent residential. Staff recommends approval of the text change to UD-7 to add independent living and assisted living uses and recommends denial of the map change to commercial for the 14.7 acres. On the text amendment request, the Planning & Zoning Commission voted 6 to 1 to include, at the applicant's request, the additional use of "skilled nursing facility" and to recommend for approval to the City Council. On the map amendment request, the Commission voted 5 to 2 to recommend denial. Cecelia Bonifay, Esq., Akerman Senterfitt, was present on behalf of Celebration of Praise requesting approval. She requested the items requested to be treated separately and to change the UD 7 Residential to UD 7 Commercial located along the front of the property on U.S. 27. The applicant is asking for text changes and then a change in usage. Ms. Bonifay, Esq., commented on an updated traffic analysis and provided letters for the Council from the Metropolitan Planning Organization (MPO). The MPO reviewed the revised traffic analysis and made a determination that this will meet all of the comprehensive plan requirements and there is sufficient traffic capacity on the roadway. The Traffic Consultant is present and available to answer questions. The other issue raised at the Planning and Zoning meeting in regards to issue of commercial was what kind of impact this might have and if it was a necessity. Ms. Bonifay, Esq., stated it has been determined there is a demand and a need for commercial in this area despite additional commercial at Tuscany Village. Rod Trusty, Senior Pastor, was present requesting approval. He sent letters to the Legends residents inviting them to a meeting to discuss their plans. Council Member Berlinsky moved to consider the text change; the motion died for a lack of a second. Martin Taylor, Administrative Bishop for the Church of God, was present requesting approval. Jonathan Moore, Developer, was present on behalf of the church requesting consideration. Ms. Bonifay, Esq., reviewed the proposed commercial sites noting it would include a bank, hotel, and two (2) fast foot restaurants. Mayor Turville opened the public hearing. The following citizens expressed concern about the request: Cuqui Whitehead, 837 5`h Street; Chris and Terry Eckert, 1490 Misty Glen Lane; John Lupoli, 3854 Beacon Ridge Way; Rosemary Blankenhorn, 4189 Greenwich Court; Kathleen Moshinsky, 3442 Caplon Avenue; Maxine Edghill, 1570 Misty Glen Lane; Jim Purvis, 4206 Hammersmith Drive; Chris Senzamici, 1174 Nottingham; and Patricia Hobensack, 197 Pitt Street. The following citizens spoke in favor of the request: Mary Withers, 2047 Braxton Street; Mario Cordera, 4628 Barbados Loop; Bob Dinger, 14524 Peppermill; Mr. Ellis, 13030 Antique Oak Street; Karen Soots, 3813 Thornwood Way; Ms. Pato 983 Princeton Drive; Bridgette Bennett, 1100 Bluegrass Drive, Groveland; Thomas McMahon, Celebration; George Rodriguez; Everett Gates, 1.560 Misty Glen Lane and Wayne Thomas, 1677 Turnstone Way. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 28, 2007 Mayor Turville called for a recess at 9:35pm. The meeting was reconvened at 9:SOpm. The following citizens voiced opposition to the request: Todd Whitlock, 3773 Glenford Drive; and Pam Perino, 1166 Lattimore Drive and Robert Blankenhorn, 4189 Greenwich Court. Rick Van Wagner, Real Life Christian Church Minister on U.S. 27 and a Legends resident, spoke in favor of the request. Mayor Turville closed the public hearing. Cecelia Bonifay, Esq., Akerman Senterfitt, clarified this is not a zoning request. Carl, GMB Engineers, provided information on the square footage of the commercial properties. Mayor Turville voiced concern about the location of the proposed request. Mr. Trusty noted he is not opposed to reducing the number of buildings and the height. Council Member Hogan was not in support of the commercial request. Council Member Berslinsky spoke in favor of the entire proposal. Council Member Goodgame stated the Kings Ridge Board of Directors did not have enough time to take a position on the request and suggested Council table until Kings Ridge can formulate a position. Mr. Trusty voiced opposition to the request to table. Council Member Mullins supported the assisted living request however was not in favor of the commercial request. Council Member Hogan moved to reject the 14 7 acres in terms of changing the future land use and then at the same time reject the transmittal on the 14 7 only- seconded bX Council Member Goodgame. The motion passed 4 to 1 with Council Member Berlinsk~ op~osin~ Council Member Mullins moved to include in the transmittal adding the verbiage to allow for the text amendment- seconded by Council Member Berlinsl~ City Manager Saunders clarified the text amendment would need to be changed. The motion was amended to eliminate the last sentence from the text and then the lan~ua~e would be amended to also provide for skilled nursing facilities- seconded bX Council Member Berlinskv. Under discussion, Mayor Turville expressed concerns for the value of the resident's property adjacent to what is being proposed. He asked if the building could be repositioned somewhere else on the property. City Manager Saunders noted the language proposed would allow it to be relocated. The motion passed 5 to 0 with all members present voting "ate City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 28, 2007 Mayor Turville called for a recess at 11:20pm; the meeting reconvened at 11:26pm. Resolution 1537 Mayor Turville read Resolution 1537 aloud by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW PERMANENT MAKEUP WITHIN THE M-1 INDUSTRIAL DISTRICT. Jim Hitt, Planning Director, reported on the request. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved adoption of Resolution 1537• seconded by Council Member Berlinsky. The motion passed with all members present voting"aye" Resolution 1538 Mayor Turville read Resolution 1538 aloud by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT WITHIN THE CENTRAL BUSINESS DISTRICT. Jim Hitt, Planning Director, reported on the request. Debbie Stedelin, 9844 Crenshaw Circle, applicant, was present requesting approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved adoption of Resolution 1538• seconded by Council Member Mullins. The motion passed with all members present voting "a. The next two (2) items were heard concurrently. Resolution 1539 Mayor Turville read Resolution 1539 aloud by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A RETAIL STORE OVER 20,000 SQUARE FEET. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 28, 2007 Variance Request -Ashley Furniture Jim Hitt, Planning Director, reported on the CUP and variance request. He noted a change on section 4 under Transportation which will need to be incorporated into the CUP with the motion. This is in regards to the development of Grand Highway and Hooks Street to be completed prior to obtaining a Certificate of Occupancy. Also, a potential traffic light at the corner Grand Highway and Hooks Street, as this is for the proportionate fair share, when it is warranted. Bob Ziegenfuss was present, on behalf of the applicant, explaining the reasons for the requests. John Olinger, McGill Property Group, was present on behalf of the applicant. In reviewing staffs recommendations, there are items within the Transportation section the Developer feels would be best served if it becomes part of the Development Agreement, the approved roadway plans, because those plans are being changed in order to accommodate the design required. He would like to see the conditions be part of the roadway plan approval process. In addition, he did not object to staffs additions. By changing and holding Ashley Furniture accountable to having certain roadway construction done, he clarified they would be obligated to have all of Grand Highway and that stretch of Hook Street from Grand Highway to US Highway 27 completed before a Certificate of Occupancy. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith, encouraged Council approval. Mayor Turville closed the public hearing. Council Member Goodgame questioned whether the picture shown depicts how Hooks Street will be built. City Manager Saunders replied they working with Lake County on the design. Mayor Turville asked if staff is amenable to what is being suggested by the applicant as it relates to section 4. City Manager Saunders stated no, staff is working on an agreement with the Developer of the overall site. It will be their responsibility to handle the items they have asked to be eliminated. That agreement is not in place. If we had an agreement in place, we could make reference that Ashley Furniture could obtain a Certificate of Occupancy once the developer had finished the improvements but that agreement does not exist. The only way for approval to move forward is to have the requirements for those items necessary to serve them to be in their CUP. This would give the City assurance. City Manager Saunders is in agreement to changing number 5 and 7 currently in the Resolution and all other items they wanted eliminated has to stay in the Resolution or be tabled. The applicant prefers to not table the request. City Manager Saunders noted staff understands there may be changes in the design and we have the ability to do that. Staff has been working with the Developer on these items and will accommodate in the overall design. Therefore, we can accomplish what is necessary by adopting it and it will give us the assurance needed. Mr. Olinger noted he met with the Florida Department of Transportation this afternoon in reference to the roadway improvements. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 28, 2007 Council Member Berlinsky moved for approval of Resolution 1539 with chap ems to section 4 number 5 and 7; seconded by Council Member Mullins The motion passed with all members present voting aye". Council Member Berlinsky moved for approval of the variance request• seconded bX Council Member Mullins. The motion passed with all members present voting "aye" The next two (2) items were heard concurrently. Resolution 1541 Mayor Turville read Resolution 1541 aloud by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW MORE THAN FOUR (4) TENANTS WITHIN A COMMERCIAL SHOPPING CENTER AND TO ALLOW FOR A BUILDING TO EXCEED 20,000 SQUARE FEET LOCATED IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT. Variance Request -South Lake Village Curt Henschel, Planner, reported on the CUP and variance request. He also noted the original request is for a building to exceed 20,000 square feet. They have slightly adjusted the two buildings and now they are both under 20,000 square feet. The total is the same square footage. Brian Denham, representing applicant, was present. John Schmid, Schmid Construction, spoke on the variance requests. Mr. Denham stated the sign will be placed on the property owned by the Hospital. City Manager Saunders noted that was not our understanding when going through site review. City Attorney Mantzaris stated if not on their property, it can not be considered on this request. It would have to be a separate request. Mr. Denham commented on needing a significant amount of fill for the road. City Manager Saunders commented originally the city was planning to enter into an agreement to build this road as part of the Legends Way project and the design they are using is similar to the design the City had which required that amount of fill. Also, the City was planning to have a construction easement on their property. This is in compliance with what had been planned previously and it was previously approved by the City Council when a hotel was planned on the site. Mayor Turville opened the public hearing Jim Purvis encouraged approval. Mayor Turville closed the public hearing City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 28, 2007 Council Member Goodgame moved adoption of Resolution 1541• seconded by Council Member Mullins. The motion passed with all members present voting "aye". Council Member Goodgame moved for the variance request item 1 to be approved and for item 2 to be dropped from the variance; seconded by Council Member Mullins. The motion passed with all members present voting "aye". The next two (2) items were heard concurrently. Resolution 1540 Mayor Turville read Resolution 1540 aloud by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW MORE THAN FOUR (4) TENANTS WITHIN A COMMERCIAL SHOPPING CENTER LOCATED IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT. Variance Request -University Village Curt Henschel, Planner, reported on the CUP and variance request. Jimmy Crawford was present on behalf of the applicant. He worked with staff to minimize variances. Mayor Turville opened the public hearing. There were no comments Mayor Turville closed the public hearine. Council Member Goodgame moved to adopt Resolution 1540• seconded by Council Member Hoban. The motion passed with all members present voting "a• Council Member Goodgame moved to approve variance requests 1 2 and 3• seconded b~ Council Member Hogan. The motion passed with all members present voting_"aye" Variance Request -Lennar Homes LLC Curt Henschel, Planner, reported on the variance requests. Amelyn Jean Baptiste, Title Manager with Lennar Homes, was present to request approval. John Ewseychik, Landscape Architect, spoke on behalf of the applicant requesting approval. Mayor Turville opened the public hearing. Lee Kaufman, 3840 Glenford Drive, requested Council deny the signage request. Todd Whitlock, 3773 Glenford Drive, concurred with staff on brick pavers and signage. Jim Purvis voiced concern with the signage request. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 28, 2007 Mayor Turville closed the public hearing. Mr. Ewseychik requested withdrawal of the sod variance. City Manager Saunders commented on the request for brick pavers. The City of Clermont requires a document to be signed that the applicant would be responsible for damages if the city has to make utility repairs. The applicant accepted the condition. John Ewseychik requested withdrawal of the sign variance. Council Member Goodg_ame moved to approve the variance request to allow brick pavers with the standard clause provided by staff• seconded by Council Member Mullins The motion passed with all members present voting "aye". Lennar Cost Share Agreement City Manager Saunders reported that as part of the Heritage Hills project, City staff is requesting additional water and sewer lines and other lines to be oversized. This is an agreement that fairly reflects the City's share of the cost. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved acceptance of the Lennar Cost Share Agreement• seconded by Council Member Mullins. The motion passed with all members present voting "aye". Resolution 1542 Administrative Services Director Van Zile read Resolution 1542 aloud by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA SUPPLEMENTING RESOLUTION NUMBER 1162 ADOPTED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA, ON OCTOBER 24, 2000, FOR THE PURPOSE OF AUTHORIZING THE ISSUANCE BY THE CITY OF NOT EXCEEDING $17,000,000 PRINCIPAL AMOUNT OF WATER AND SEWER REVENUE REFUNDING BONDS, SERIES 2007, FOR THE PURPOSES OF (I) REFUNDING A PORTION OF THE CITY'S OUTSTANDING WATER AND SEWER REVENUE AND REFUNDING BONDS, SERIES 2000 (THE "REFUNDED OBLIGATIONS"), (II) PURCHASING A RESERVE FUND INSURANCE POLICY RELATING TO THE SERIES 2007 BONDS AND (III) PAYING THE COSTS OF ISSUING THE SERIES 2007 BONDS; PLEDGING TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE SERIES 2007 BONDS THE PLEDGED FUNDS DESCRIBED IN RESOLUTION NO. 1162; ESTABLISHING OR PROVIDING FOR THE ESTABLISHMENT OF THE DATE, INTEREST RATES, INTEREST PAYMENT DATES, PROVISIONS FOR REDEMPTION AND MATURITY SCHEDULES OF SAID SERIES 2007 BONDS; DELEGATING CERTAIN AUTHORITY TO THE ADMINISTRATIVE SERVICES DIRECTOR TO AWARD SAID SERIES 2007 BONDS PURSUANT TO A PUBLIC BID, PROVIDED 11 City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 28, 2007 THE BIDS SUBMITTED FALL WITHIN CERTAIN PARAMETERS SET FORTH HEREIN; APPROVING THE FORM OF A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING THE EXECUTION OF A FINAL OFFICIAL STATEMENT WITH RESPECT TO THE SERIES 2007 BONDS; APPROVING THE FORM OF AN OFFICIAL NOTICE OF SALE, SUMMARY NOTICE OF SALE AND BID FORM WITH RESPECT TO SAID SERIES 2007 BONDS; APPOINTING THE REGISTRAR AND PAYING AGENT FOR THE SERIES 2007 BONDS AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF A REGISTRAR AND PAYING AGENCY AGREEMENT; APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF A CONTINUING DISCLOSURE CERTIFICATE; RATIFYING THE CITY'S ACCEPTANCE OF THE INSURER'S COMMITMENTS RELATING TO A MUNICIPAL BOND INSURANCE POLICY AND A RESERVE FUND INSURANCE POLICY WITH RESPECT TO THE SERIES 2007 BONDS; APPOINTING AN ESCROW HOLDER AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF AN ESCROW DEPOSIT AGREEMENT PROVIDING FOR THE PAYMENT OF THE REFUNDED OBLIGATIONS; MAKING CERTAIN COVENANTS AND AGREEMENTS FOR THE BENEFIT OF THE HOLDERS OF THE SERIES 2007 BONDS; AND PROVIDING AN EFFECTIVE DATE. Mr. Van Zile noted the market has declined some in the past few weeks but anticipate a better situation to develop. The adoption of the proposed Bond Resolution will allow staff to move forward with the refunding issue when the timing is favorable to generate our targeted savings. Staff recommended approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Hogan moved for adoption of Resolution 1542• seconded by Council Member Mullins. The motion passed with all members present voting "a_ ADJOURN: With no further comments, this meeting was adjourned at 12:53am APPROVED: !~ t• , . ,..; . ~~~~' Harold S. Turville, Mayor ATTEST: , i ;'~`~ -~ ~_ Trac c oyd, City Jerk v 12