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Home My WebLink AboutMayor Report to City CouncilCity of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 M E M O R A N D U M DATE: June 11, 1990 TO: W. E. Conyers, Mayor Sebastian City Council FROM: Robert S. McClary RE: General Development BACKGROUND For over a year the City and General Development Corporation ("GDC") officials have been discussing the City's acceptance of certain street and drainage improvements in units 16 and 17, Sebastian Highlands. On January 29, 1990 a conference was held in my office. Representing GDC at this meeting were: George Kulczycki, Jack O'Neil, Ralph (Cap) Cain and Roger Norton. Representing the City were: David Fisher, City Engineer and myself. On January 31, 1990 in response to our conference of January 29, 1990, I forwarded a memorandum to the Mayor and City Council which outlined a process by which the City could accept improvements in unit 17. By that time, GDC had withdrawn its request for acceptance of unit 16 improvements. On February 7, 1990 the City Council reviewed my recommendation at its Regular Workshop Meeting. At that meeting, a number of other issues were raised regarding GDC and the City. The matter was to be carried over to the February 14, 1990 meeting. However, at GDC's request, I withdrew the matter from the agenda in order to provide GDC more time to respond to our concerns. On February 20, 1990 I met with George Kulczycki and Ralph (Cap) Cain to review the City's concerns and requests. Re: General Development Page #2 On March 7, 1990 I wrote GDC asking for their position and response to a number of questions. This was the last correspondence between the City and GDC. Shortly thereafter, GDC filed for protection from creditors under Chapter 11. On June 7, 1990, a meeting was held between the City of Sebastian ("City") and General Development Corporation. ("GDC"). Representing the City were Bruce Cooper, David Fisher and I. Representing GDC were Jack O'Neil, Ralph (Cap) Cain and George Kulczycki. The purpose of the meeting was to discuss the City's acceptance of street and drainage improvements constructed by GDC. If the City were to reach an agreement with GDC, the agreement would have to be submitted and ratified by the bankruptcy trustee since GDC has filed for protection under Chapter 11 in federal bankruptcy court. CITY MANAGER POSITION Before I review the specific requests, I want to reiterate my position on several issues regarding units 16 and 17 and other 1979 contract provisions: 1. The City is not required to accept any street or drainage improvement in units 16 and 17 until all street and drainage facilities are complete and constructed to the standards mandated by the 1979 agreement. That agreement states, in part 14. General and City agree that when General completes construction of the roads and drainage facilities in Units 16 and 17 it shall submit them to the City for acceptance for maintenance by the City. The City therefore is not compelled pursuant to the terms of the 1979 agreement to accept any of the improvements until all improvements are completed, inspected and approved by resolution of the City Council. 2. GDC is responsible for the maintenance of all street and drainage improvements in unit 16 and 17 until accepted by the Sebastian City Council by resolution. 3. The City is not required to accept any improvement unless constructed to the standards established in the 1979, agreement. Re: General Development Page #3 4. The City is responsible for only properly aligned ditches and drainage structures in units 1 -15. GDC is responsible for correcting any improperly or mis-aligned ditches and drainage facilities in units 1 - 15, most noticeably is the "Wentworth" canal. RECOMMENDATION The City may wish to pursue negotiations with GDC to accept maintenance responsibilities for streets and drainage structures in Units 16 and 17 in exchange of certain assets GDC owns in the community. Some of these assets may be: 1. Parks and "PS" tracts, including the final tract of Hardee Park and some 35 small tracts throughout the City which are zoned "PS". 2. Lot #4, Block 208, Unit 10, Sebastian Highlands as an addition to the Barber Street Sports Complex. Also, GDC may be able to effect a trade with the property buyer for the other lot needed at the Sports Complex - Lot 3, Block 208, Unit 10. 3. GDC's lot (s) necessary for Airport Drive East to connect from Main Street to airport property. 4. Tracts A, B, and D in Unit 13, Sebastian Highlands which are known as "the old swimming hole" and are adjacent to Stonecrop along the banks of the St. Sebastian River. 5. GDC's tracts in unit 17 which are used for drainage retention but not so designated on the plat. 6. The GDC warehouse property on Barber Street, located to the south of the Fire Station. 7. GDC owned property for additional right-of-way for an extension of Fleming Street from "Chesser's Gap" to intersect with South Easy Street within unit 16. 8. Schuman Lake including the "island" and property need for access from Kildare. 9. To ask GDC to upgrade the construction standards of South Easy Street in unit 16 by widening the pavement to 24 feet and constructing a bike path. Re: General Development Page #4 CONCLUSION I understand GDC's desire to transfer to the City the maintenance responsibilities for street and drainage improvements in units 16 & 17. The City is very concerned about GDC's lack of maintenance in units 16 and 17. We want to work with GDC to bring these facilities up to appropriate standards. However, the City needs appropriate trade - offs from GDC to justify the acceptance of street and drainage improvements in units 16 and 17. It is my hope to further refine the elements of a possible agreement with GDC, review any proposal with GDC, then to submit a plan and recommendations to the Mayor and City Council for review and action. /jmt CITY OF SEBASTIAN PARK SITE (PUBLIC SERVICE LAND USE) STATUS PLAT PARKS(PS) PARKS (PS) PARKS SHOWN UNIT SHOWN ON DEDICATED ON GDC CITY LU MAP ON PLAT MASTER PLAN SH -1 SH -2 SH -3 SH -4 SF1-5 SH -6 SH -7 SH -8 Tract A None None None None Lake Hardee Pk. L.H. Park Lake Hardee - Park Park None None Tract A Tract C - Block 193 - SH -9 Tract A * - SH -10 Tract A Tract B - Tract C - Tract D - Tract E - Tract F ** - Block 300 - STATUS Tract A Deeded L.H. Park Portion B - Tract Deeded Lake Hardee - 2.68 Ac. Tract Deeded Tract B Deeded Lot 9 Deeded Tract A Diocese of Cen. Florida Tract C - Block 193 - Tract A (Portion) - Tract A - Tract B - Tract C Tract D Deeded Tract E Deeded - Deeded Block 300 - * Tract A in SH -9 platted in 2 parts ** Less Fire Station �1o/9 Park Site (Public Service Land Use) Status, (Cont.) Page -2- PLAT PARKS(PS) PARKS (PS) PARKS SHOWN STATUS UNIT SHOWN ON DEDICATED ON GDC CITY LU MAP ON PLAT MASTER PLAN SH -11 Tract A - Tracts A - Tract B Tract C - Tract C - Tract D - Tract D - Tract E - Tract E - SH -12 None None SH -13 Tract A Tract B Tract D SH -14 Tract B - Tract B - SH -15 Tract G - Tract G - SH -16 Tract C Tract D - Tract D - Tract E - Tract E - Tract F - Tract F - Tract G - Tract G - Tract H - Tract H - Tract J - Tract J - Tract K - Tract K - Tract M - - First Baptist Church Vero, Tract N - - Deeded Tract P - Tract P - SH -17 Tract A - Tract A - Tract D - - G.D.U. Tract F - - Ind. R. Christian Church Tract G - - Ind.R. County School Tract H - Tract H - Tract I - Tract I - Tract K - Tract K - Tract M - Tract M - Tract N - _ PARK SITE (PUBLIC SERVICE LAND USE) STATUS, (CONT.) PAGE -3- PLAT PARKS(PS) PARKS(PS) PARKS SHOWN STATUS UNIT SHOWN ON DEDICATED ON ON GDC CITY LU MAP PLAT MASTER PLAN SH -17 Tract O Tract Q - Tract Q - Tract R - Tract R - Tract S - Tract S - 49 Parcels 2 Parcels 38 Parcels 9 Deeds DATE: TO: FROM: RE: City of Sebastian r POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 M E M 0 31 January 1990 Robert S. McClary Dave Fisherlv!%- r LIST OF STREETS PAVED TO DA'Z'E WITHIN UNIT 17 Followinq for your information and use is the subject list with approximate paved distances as of this date. OLD EXISTING STREETS BARBER ST. 2300 SCHUMANN DR. 8500 FILBERT ST. 3900 HINCHMAN 2050 NEBRASKA CIRCLE 2550 FRIAR CT. 1750 DRYANT CT. 800 MELTON AVE. 1550 LANCASTER ST. 1000 KARRIGAN ST. 1000 LARC1iMONT TERRACE 3550 LANDOVER DR. 1000 REDGRAVE DR. 1200 JOY RAVEN 200 CURTIS 85 f) THUNDERBIRD DR. 1150 S. EASY ST. 1900 CAPRONA ST. 2500 EMPRESS AVE. 1900 MARSH ST. 800 DAHL AVE. 1900 ORMAND CT. 1000 CAPRI AVE. 2100 LF M () R E Cr Gl PAVED STREETS IN UNIT 17 31 JAN 90 PG 2 OF 3 EN( -',LAR DR. 2000 OSCF(?LA 900 AE'ItIA ST. 1000 ADMIRAL CIRCLE 1900 H.,IIIi' ST. 700 LANi'F S'I' . 200 MAPRY ST. 3330 CRAWr'(')RI) DR. 2300 SPRING= VALLEY AVE. 1700 ---------------------------------------------------------- TOTAL 58.480 LF - 11.08 MILES NEWLY COMPLETED ROADS PARPER S1'. 6'750 MIDWAY CT. 500 PRISPAtlE ST. 525 AL.UFA DR. 2050 A1,IIAIIRRA AVE. 105n H IPAII ST. 800 11.11ICAN .9'r. 800 131IST01, ST. 2500 KEYSTONE UR. 1000 !1 LRA I'T011 AVE. 1500 ARC AD I A DR. 1800 TRACY UR. 1050 PIPIRF TERRACE 305n 1)(_11101,11SS AVE. 1450 Al r1IE1IS CT. 200 DARI)E11 CT. .-,on PIRTLE Cr. 15n fl I L,LER DR. 2,100 I ALTOCK ST. 600 1�►3I1tJE DR. 1100 MA1,17 AVE. 250 CAMILO CT. 250 DAY UR. 4800 ALEX 19 S'I' . 200 LF 'IOTA1. 35.275 LF 6.67 MILES -------------------------- M () 11 E PAVED STREETS IN UNIT 17 31 JAN 90 PG 3 'UF 3 ------------------------------------------------------------------ STREETS NOT YET CONSTRUCTED TRACY DRIVE 1300 LF BRISTOL ST. 300 EMPIRE TERRACE 300 BRISBANE ST. 300 ALHAMBRA AVE. 700 I'T HACA AVE. 1300 EMPRESS AVE. 1600 SPRING VALLEY AVE 2,100 ALEXIS ST. 1-0 GIRARD AVE. 1500 CHERRY CT. £300 ARI-TTER ST. 1100 APPLEBERG 1100 SUNBURST 1200 THUNDERBIRD DR. 4500 CAPRONA ST. 1000 TOTAL 19,650 LF 3.71 MILES * ff ff