HomeMy WebLinkAboutSummary of 2-20-90 City Council MeetingCity of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
March 7, 1990
Mr. George Kulczycki
Director of Community Operations
General Development Corporation
5240 Babcock, NE #202
Palm Bay, Florida 32905
Re: Units #16 and #17 Sebastian Highlands
Dear George:
This letter is in response to our meeting on February 20, 1990
between Ralph (Cap) Cain, you and me in Vero Beach. At that
meeting, you said you would respond in writing to the City's
concerns. However, I have not heard from you since the meeting
and felt a letter to you summarizing our discussion and
requesting your response may be appropriate.
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 would accept
improvements in unit 17. By that time, you had withdrawn your
request for acceptance of unit 16 improvements.
Mr. George Kulczycki
General Development Corporation
March 7, 1990
Page #2
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 your request, I withdrew the matter from the agenda in order
to provide you more time to respond to our concerns.
On February 20, 1990 I met with you and Ralph (Cap) Cain to
review the City's concerns and requests.
CITY MANAGER POSITION
Before I review the specific requests, I want to reiterate my
position on several issues regarding units 16 and 17:
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.
Mr. George Kulczycki
General Development Corporation
March 7, 1990
Page #3
FEBRUARY 20. 1990 MEETING
On February 20, 1990 you, Ralph (Cap) Cain and I met in Vero
Beach and discussed the following items:
1. The GDC position is that there are two (2) types
of parks: designated and dedicated. The designated park tracts
are ones which were listed on GDC maps as park tracts and a part
of the representations filed with the Florida Land Sales
Commission. It is your position that those tracts are not
required to be dedicated to the City. The other classification
is dedicated tracts. You will deed the final dedicated tract to
the City, which is a portion of Hardee Park.
On the designated sites (approximately 25 to 30 sites in the
City) Mr. Cain suggested a plan be devised showing the City's
proposed development and the City's ability to develop and
maintain the sites. Additionally, he suggested that the City
may not wish to receive all tracts. Mr. Cain further reviewed
the approach of another GDC community whereby the City received
about one-half of the designated park tracts and GDC kept the
rest, which were then rezoned commercial. While a development
"plan" for another GDC community may have been appropriate at
that time and at that place, I point out that any rezoning would
have to meet the criteria of the City's Comprehensive Plan, Land
Development Code and will be evaluated solely on the merits of
each application for rezoning. Should GDC maintain ownership of
these parcels, what is your plan for development and maintenance
as "parks"?
2. You indicated GDC will dedicated Lot #4, Block
208, Unit 10, Sebastian Highlands as an addition to the Barber
Street Sports Complex. Will you please forward a deed?
3. GDC will dedicate the lot(s) necessary for
Airport Drive East to connect from Main Street to airport
property. Will you please forward a deed?
Mr. George Kulczycki
General Development Corporation
March 7, 1990
Page # 4
4. You will consider dedicating tracts A, B, and D in
Unit 13, Sebastian Highlands which are referred to as "the old
swimming hole" and are adjacent to Stonecrop along the banks of
the St. Sebastian River.
5. As noted in #1 above, GDC will deed the balance of
the Hardee Park tract to the City. Will you please forward a
deed?
6. GDC will pay no more than $15,000 for engineering
analysis and inspections of the street and drainage facilities in
unit 17 which are to be conveyed to the City for maintenance.
7. GDC has released property deeds to lot purchasers
of all lots abutting Stratton Avenue and will not work with the
City to provide additional right-of-way. It is GDC's position
that Indian River County can acquire this right-of-way pursuant
to the major road plan by purchasing the property from the
individual lot owners.
8. GDC will dedicate to the City any tract in unit 17
which is used for drainage retention.
9. GDC is willing to sell the warehouse property on
Barber Street, located to the south of the Fire Station.
OTHER ISSUES
We request your written response to the following matters even
though they were not addressed at the February 20, 1990 meeting:
1. By letter to you dated September 21, 1989 we requested
you to evaluate and correct, if appropriate, the Wentworth
drainage canal which runs parallel to and between Wentworth
Avenue and County Road 512, between Vocelle Avenue and Barber
Streets. Have you completed your investigation? What corrective
action do you plan to take?
2. Will GDC dedicate additional right-of-way for an
extension of Fleming Street from "Chesser's Gap" to intersect
with South Easy Street within unit 16?
Mr. George Kulczycki
General Development Corporation
Page # 5
March 7, 1990
3. Will GDC dedicate Schuman Lake including the "island"
and property access from Kildare?
4. Will GDC upgrade the construction standards including
South Easy Street in unit 16 by widening and constructing a bike
path?
5. My proposals to accept certain improvements in unit 17
are not intended to replace or amend the 1979 contract. It is my
position that the City Council could accept a portion of the
improvements, at its sole option, prior to completion of all
improvements in units 16 and 17.
6. We continue to be concerned about the apparent lack of
maintenance for streets and drainage facilities in units 16 and
17. I urge you to inspect these facilities at once and to take
necessary corrective action to eliminate any traffic hazard which
may now exist.
CONCLUSION
I understand GDC's desire to transfer the maintenance
responsibility for street and drainage improvements in unit 17.
Please understand that we are concerned about your lack of
maintenance in units 16 and 17 and that we want to work with GDC
to bring these facilities up to appropriate standards. Further,
please understand that the City needs an incentive from GDC to
justify the acceptance of street and drainage improvements in
units 16 and 17 prior to your completion of all improvements in
units 16 and 17. Finally, I shall appreciate your timely
response to this letter. Should you wish to discuss these
matter, please be assured I am available to do so.
Sincerely,
12 --).y %,
Robert S. McClary
RSM/jmt City Manager
cc:
Richard B. Votapka, Mayor & Sebastian City Council
Ralph (Cap) Cain, Vice President, General Development Corporation
Jack G. O'Neil, General Development Corporation
David W. Fisher, City Engineer
Charles I. Nash, City Attorney