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Home My WebLink About1989 12 18 City Commission Special Minutes 89-90-6 . SPECIAL MEETING CITY COMMISSION CITY OF WINTER SPRINGS DECEMBER 18, 1989 The Special Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor Leanne M. Grove at 7:00 p.m. ROLL CALL: Mayor Leanne M. Grove, present Deputy Mayor Philip A. Kulbes, present City Manager Richard Rozansky, present City Attorney Tom Lang, present Commissioners Cindy Kaehler, present Arthur Hoffmann, present William A. Jacobs, present Paul P. Partyka, present Continuation of Public Hearing for Amendment of Comprehensive Plan-Adopted Land Use Map-Second Set of 1989 Full-Scale Amendments-Second Public Hearing: 1. W 231 ft. (Less N 71 ft. for ROW), Lot 8, Blk. D, Mitchell Survey, PB 1, Pg. 5-5 acres on South side of SR 434 just East of SR 419-Reclassify from Rural Residential to Commercial Land Use (Zone C-1). 2. Lots 1-2, Blk. C, and Lots 9-10, Blk. B, Mitchell Survey, PB 1, Pg. 5-35 acres on South Shore of Lake Jesup, North of SR 434-Tuscawilla Rd. Intersection-Add to Winter Springs Land Use Map as Rural Residential (Zone R-U) (Prior County Land Use Suburban Estates). . Continuation of Public Hearings and Second Readings: 1. Ord. No. 476, amending the Comprehensive Plan in accordance with F.S. 163.3184 (west 231.30 ft. of Lot 8, Blk. D, D.R. Mitchell's Survey, Land Use Commercial and Zoning C-1). 2. Ord. No. 477, amending the Comprehensive Plan in accordance with F.S. 163.3184 Lots 1 & 2, Blk. C and Lots 9 & 10, Blk. B, D.R. Mitchell's Survey, etc.: Land Use Rural Residential, Zoning R-U). This public hearing is a continuation from December 11, 1989 Commission Meeting. Attorney Lang read Ord. No. 476 and 477 by title only on second reading. Mayor Grove recessed the Commission Meeting and reopened the public hearing. The Hearing was continued because the letter from the Department of Community Affairs had not been received. The letter has now been received. Don Leblanc, Land Development Coordinator, pointed out the properties on the map. No one spoke for or against the Ordinances. Mayor Grove closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Kulbes to adopt Ord. No. 476 and 477. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. . Seminole Utility Adquisition: Attorney Lang explained that Mr. Sundstrom is present this evening to give the Commission some background on the Amendment that has been negotiated over the last 48 hours as a result of some factors that were brought into play by Topeka's ultimate acquisition of the Utility, and we will be buying from Topeka, as well as a few other points that have been raised in order to clarify the acquisition agreement. . . . Special Meeting, City Commission, Dec. 18, 1989 Page 2 89-90-6 Mr. Sundstrom said he asked for time on the Agenda because he knew that the settlement between Topeka Group and Good Gulfstream was imminent. He said that Good Gulfstream Corp., Gulfstream Housing Corp. and Seminole Utilities have reached an agreement with the Topeka Group Inc. and a copy of the settlement agreement has been given to the City Manager and the City Attorney. The amendment to the settlement agreement has a date of Dec. 31, 1989, and it recognizes that on or before the end of the year, Topeka will in fact acquire Seminole Uitlity, and we will be, in fact, buying the utility from Topeka, but we will be buying it according to the same terms and conditions that we had to buy it from Gulfstream, and then the proceeds at closing will go to Topeka, Topeka in turn will pay Seminole and Gulfstream as their interest may appear. Mr. Sundstrom explained conceptually the changes. One was the recognition of all the litigation and the need to end the litigation. Secondly was the clarification that among the excluded assets that we do not get would be claims for tax refunds, insurance policy, premium, rebates from subcontractors; in Art. IV there is a requirement for a release at closing from Topeka Group in favor of the City of Winter Springs in form and substance satisfactory to the City and Mr. Sundstrom's firm, that they release any and all claims that they would have; there would be a complete recognition of the fact that upon the settlement taking place we are really no longer dealing with Gulfstream, we are dealing with Gulfstream only to the extent we are buying directly from them an effluent spray field, which we had in the prior agreement. Mr. Sundstrom said we do not close without the developer agreement, and then there is a change as regards the accounting for unbilled revenues at closing. Discussion followed. Mr. Sundstrom then explained if the Commission approves this amendment, then a line of credit agreement will be presented, which will provide funds to the City needed in order to recover the expenses the City has incurred in acquiring the Utility and to provide initial working capital monies. He said a target date of closing by the end of March has been set. Motion was made by Commissioner Kaehler to put Resolution No. 628 on the Agenda. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Motion was made by Commissioner Partyka that we approve Amendment 1 to the Purchase and Sale Agreement of the Seminole Utility Company and adopt Resolution No. 628. Seconded by Commissioner Hoffmann. Discussion. Attorney Lang read Resolution No. 628 by title only (approving Amendment No. 1 to Agreement of Settlement of condemnation lawsuit dated Oct. 23, 1989, etc.). Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, no; Commissioner Partyka, aye; motion carried. Mr. Sundstrom said he was charged with the obligation of attempting to find a short term lending agreement. He has been successful in arranging a credit facility with Barnett Bank. The offer is to lend up to $750,000 to the City at a rate of interest just slightly over 7% fixed for 5 years secured by a secondary lien on the revenues of the existing system up until such time as the City acquires the Seminole system. . . . Special Meeting, City Commission, Dec. 18, 1989 Page 3 89-90-6 Motion was made by Commissioner Hoffmann to put Resolution No. 629, approving a line of credit for use in the acquisition of Seminole Utility Co., etc., on the Agenda. Seconded by Commisisoner Kaehler. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. Attorney Lang read Resolution No. 629 by title only. Motion was made by Commissioner Kaehler to adopt Resolution No. 629. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, no; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Resolution No. 627, objecting to the new branch office being addressed Casselberry, etc. : Attorney Lang read Resolution No. 627 by title only. Motion was made by Commissioner Jacobs to adopt Resolution No. 627. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commisisoner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Election of Deputy Mayor: Commissioner Hoffmann nominated Commissioner Kaehler to be Deputy Mayor for the year 1990. Seconded by Commissioner Kulbes. Commissioner Jacobs moved nominations be closed. Seconded by Commissioner Kulbes. Vote: Commissioner Jacobs, aye; Commissioner Partyka, no; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Vote on motion to nominate Commissioner Kaehler Deputy Mayor: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Mayor Grove called a recess at 8:15 p.m. and called the meeting back to order at 8:30 p.m. There being no further business, the Special Meeting was adjourned at 8:30 p.m. Respectfully submitted, ~r~ Mary T. Norton, City Clerk Approved: YOR