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Home My WebLink AboutCity Council - Acceptance Procedure for Drainage Improvements• City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 September 20, 1989 Mr. George Kulczycki Director of Community Operations General Development Corporation 1243 South U.S. #1 Vero Beach, FL 32962 Re: Street and Drainage Improvements SH 16 & SH 17 Dear George: This is to confirm our discussion at the meeting held on September 20, 1989 in my office. Among other items, we discussed acceptance of street and drainage facilities constructed by General Development Corporation (GDC) in Units #16 and #17, Sebastian Highlands which GDC wishes to transfer maintenance responsibility to the City of Sebastian. Upon reviewing the 1979 agreement and related correspondence and documents, it is my position that: 1. GDC is responsible for the maintenance of all street and drainage facilities in Unit 16 and 17, Sebastian Highlands until accepted by the Sebastian City Council by Resolution. 2. The City is not required to accept any street or drainage facilities in Unit 16 and 17, Sebastian Highlands until all street and drainage facilities are complete and brought up to standards. 0 • Mr. George Kulczycki General Development Corporation September 20, 1989 Page #2 3. The City is not required to accept any improvements unless constructed to the standards established in paragraph 14 of the 1979 agreement. Following our meeting today, I am willing to recommend the following to the City Council: 1. That the City accept for perpetual maintenance all street and drainage facilities constructed to date in Units 16 and 17 Sebastian Highlands with the conditions outlined herein. Please note that we are expressly not waiving any rights of the City pursuant to the 1979 agreement by considering accepting the maintenance responsibility for these facilities at this time. 2. GDC engineers must certify that the street and drainage improvements were constructed to the standards established in the 1979 agreement. 3. Acceptance would be conditioned upon the City Engineer verifying the construction standards of the improvements, such engineering expense to be reimbursed to the City by GDC. We anticipate that this would involve the engagement of an independent consulting engineer to review your as built drawings, certifications and to perform core samples and laboratory analysis. 4. Upon acceptance of the improvements by Resolution of the Sebastian City Council, GDC will remain responsible for the maintenance of all street and drainage facilities so described by said Resolution for a period of one ( 1 ) year after the date of adoption of such Resolution. The above outline is expressly conditioned upon ratification of the City Council in that the Land Development Code, the 1979 agreement and the City Charter reserves the authority of accepting sub -division improvements solely to the City Council by Resolution. Mr. George Kulczycki General Development Corporation September 20, 1989 Page #3 Therefore, I am in a position to merely recommend acceptance or acceptance procedures within the frame work of the Land Development Code and City Charter and that the final decisions are made by the Sebastian City Council. Again, thank you for meeting with us on September 20, 1989 as we look forward to working with you in the future. Sincerely, Robert S. McClary City Manager RSM/jmt cc: Richard B. Votapka, Mayor & Sebastian City Council Randy Mosby, P.E. William B. Messersmith, P.E. David W. Fisher, P.E. Bruce Cooper, Director Community Development Charles I. Nash, City Attorney Business of the City Council City of Sebastian, F1. Proceeding: Street and Drainage ) Improvements In Units 16 & 17 ) Sebastian Highlands ) Expenditure Required: Agenda . No .�, Dept. Origin Date Submitted 9/20/89 For Agenda of 9/27/89 Class: Exhibits: Letter to GDC Dated 9/20/89 'Clearance: .Approved for sub t 1 by: City Manager "y► City Attorney Amount Appropriation Budgeted: Required: SUMMARY STATEMENT On September 20, 1989, we met with representatives of General Development Corporation to discuss whether or not the City would accept perpetual maintenance responsibilities for the street and drainage facilities constructed in Units 16 & 17 SH. The results of that meeting are outlined in my letter to Mr.. George Kulczycki, of GDC and dated September 20, 1989. I believe it will be in the best interest of the City of Sebastian to require GDC to upgrade existing facilities in SH 16 & 17 to the required standard and for the City to then accept maintenance responsibility. It is my position that the City is not required to accept these improvements until all such improvements are constructed in Units 16 & 17 and that said improvements are constructed to required standards. RECOMMENDED ACTION Recommend that the City Council concur with the recommended procedure outlined in letter to General Development Corporation, dated September 20, 1989 whereby the City of Sebastian would accept street and drainage facilities in Units 16 and 17 Sebastian Highlands with the conditions outlined in the September 20, 1989 letter. City of Sebastian POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 September 20, 1989 Mr. George Kulczycki Director of Community Operations General Development Corporation 1243 South U.S. ##1 Vero Beach, FL 32962 Re: Street and Drainage Improvements Sit 16 & S11 17 Dear George: This is to confirm our discussion at the meeting held on September 20, 1989 in my office. Among other items, we discussed acceptance of street and drainage facilities constructed by General Development Corporation (GDC) in Units #16 and #17, Sebastian highlands which GDC wishes to transfer maintenance responsibility to the City of Sebastian. Upon reviewing the 1979 agreement and related correspondence and documents, it is my position that: I. GDC is responsible for ttie maintenance of all street and drainage facilities in Unit 16 and 17, Sebastian highlands until accepted by the Sebastian City Council by Resolution. 2. Ttie City is not required to accept any street or drainage facilities in Unit 16 and 17, Sebastian highlands until all street and drainage facilities are complete and brought up to standards. • Mr. George Kulczycki General Development Corporation September 20, 1989 Page #2 3. The City is not required to accept any improvements unless constructed to the standards established in paragraph 14 of the 1979 agreement. Following our meeting today, I am willing to recommend the following to the City Council: 1. That the City accept for perpetual maintenance all street and drainage facilities constructed to date in Units 16 and 17 Sebastian Highlands with the conditions outlined herein. Please note that we are expressly not waiving any rights of the City pursuant to the 1979 agreement by considering accepting the maintenance responsibility for these facilities at this time. 2. GDC engineers must certify that the street and drainage improvements were constructed to the standards established in the 1979 agreement. 3. Acceptance would be conditioned upon the City Engineer verifying the construction standards of the improvements, such engineering expense to be reimbursed to the City by GDC. We anticipate that this would involve the engagement of an independent consulting engineer to review your as built drawings, certifications and to perform core samples and laboratory analysis. 4. Upon acceptance of the improvements by Resolution of the Sebastian City Council, GDC will remain responsible for the maintenance of all street and drainage facilities so described by said Resolution for a period of one ( 1 ) year after the date of adoption of such Resolution. The above outline is expressly conditioned upon ratification of the City Council in that the Land Development Code, the 1979 agreement and the City Charter reserves the authority of accepting sub -division improvements solely to the City Council by Resolution. Mr. George Kulczycki General Development Corporation September 20, 1989 Page #3 r Therefore, I am in a position to merely recommend acceptance or acceptance procedures within the frame work of the Land Development Code and City Charter and that the final decisions are made by the Sebastian City Council. Again, thank you for meeting with us on September 20, 1989 as we look forward to working with you in the future. Sincerely, Robert S. McClary City Manager RSM/jmt cc: Richard B. Votapka, Mayor & Sebastian City Council Randy Mosby, P.E. William B. Messersmith, P.E. David W. Fisher, P.E. Bruce Cooper, Director Community Development Charles I. Nash, City Attorney City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 M TELEPHONE (407) 589-5330 FAX 407-589-5570 September 28, 1989 Mr. George Kulczycki Director of Community Operations General Development Corporation 1243 South U.S. #1 Vero Beach, FL 32962 Re: Street and Drainage Improvements SH 16 & 17 Dear George: Thank you for participating in the Regular Sebastian City Council Meeting of September 27, 1989.. The City wishes to move forward with an acceptance procedure for street and drainage improvements in SH 16 and SH 17 along the the lines outlined in my letter to you dated September 20, 1989. Although you may not know the extent of street and drainage facilities which will require rebuilding in order to meet the agreed upon specifications, we ask you to provide a time frame within which you will begin and complete construction. If you could provide me with a written construction schedule by October 5, 1989, I will place the matter on the Regular Meeting agenda for City Council consideration on October 11, 1989. Again, thank you for your continued cooperation as we look forward to hearing from you in the near future. Sincerely, Robert S. McClary City Manager RSM/jmt Villages of Sebastian Highlands RECEIVED OCT - 5 1989 A Owrnml Dl vrlohmrnl Cotpnrntion COMmunity 1213 8000111 1 1$ I VF11O MA(11I FI. 3?9C,7 October 5, 1989 Robert S. McClary, City Manager City of Sebastian P. O. Box 780127 Sebastian, Florida 32978 Dear Mr. McClary: Ga7C2 0107) �+l;n •1:111(1 r HAND DELIVERED Thank you for your letter of September 20, 1989 regarding Road Acceptance in Units 16 & 17. I have discussed the four (4) recommendations outlined in your letter with our Miami office and we will agree to comply with items one (1), two (2), and four (4). In regards to item three (3); cost associated should be in compliance with industry standards for these type of activities and shall not exceed a maximum of $400.00 per mile. I do not have a definite schedule as yet but hope to start repair work in the near future. If you have any questions, please give me a call. I look forward to discuss- ing these items with you and the council on October 11, 1989. Sincerely, eorge Kulcay ki Director of Co nity Operations GRK/sr Villages of Sebastian Highlands A General Development Corporation Community 1243 SOUTH U S 1 VFRO BEACH, FL 32962 October 5, 1989 Robert S. McClary, City Manager City of Sebastian P. 0. Box 780127 Sebastian, Florida 32978 Dear Mr. McClary: GDC2 (407) 669-4300 HAND DELIVERED Thank you for your letter of September 20, 1989 regarding Road Acceptance in Units 16 & 17. I have discussed the four (4) recommendations outlined in your letter with our Miami office and we will agree to comply with items one (1), two (2), and four (4). In regards to item three (3); cost associated should be in compliance with industry standards for these type of activities and shall not exceed a maximum of $400.00 per mile. I do not have a definite schedule as yet but hope to start repair work in the near future. If you have any questions, please give me a call. I look forward to discuss- ing these items with you and the council on October 11, 1989. Sincerely, Ceorge Kulczy ki Director of Community Operations GRK/sr • Y] City, of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 September 28, 1989 Mr. George Kulczycki Director of Community Operations General Development Corporation 1243 South U.S. #1 Vero Beach, FL 32962 Re: Street and Drainage Improvements SH 16 & 17 Dear George: Thank you for participating in the Regular Sebastian City Council Meeting of September 27, 1989.. The City wishes to move forward with an acceptance procedure for street and drainage improvements in SH 16 and SH 17 along the the lines outlined in my letter to you dated September 20, 1989. Although you may not know the extent of street and drainage facilities which will require rebuilding in order to meet the agreed upon specifications, we ask you to provide a time frame within which you will begin and complete construction. If you could provide me with a written construction schedule by October 5, 1989, I will place the matter on the Regular Meeting agenda for City Council consideration on October 11, 1989. Again, thank you for your continued cooperation as we look forward to hearing from you in the near future. Sincerely, / 4� Robert S. McClary City Manager RSM/jmt City of Sebastian POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 September 28, 1989 Mr. George Kulczycki Director of Community Operations General Development Corporation 1243 South U.S. #1 Vero Beach, FL 32962 Re: Street and Drainage Improvements SH 16 & 17 Dear George: Thank you for participating in the Regular Sebastian City Council Meeting of September 27, 1989.. The City wishes to move forward with an acceptance procedure for street and drainage improvements in SH 16 and SH 17 along the the lines outlined in my letter to you dated September 20, 1989. Although you may not know the extent of street and drainage facilities which will require rebuilding in order to meet the agreed upon specifications, we ask you to provide a time frame within which you will begin and complete construction. If you could provide me with a written construction schedule by October 5, 1989, I will place the matter on the Regular Meeting agenda for City Council consideration on October 11, 1989. Again, thank you for your continued cooperation as we look forward to hearing from you in the near future. Sincerely, t-1 � Robert S. McClary City Manager RSM/jmt • City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 September 21, 1989 Mr. George Kulczycki Director of Community Operations General Development Corporation 1243 South U.S. #1 Vero Beach, FL 32962 Re: Wentworth Drainage Canal Dear George: Thank you for meeting with us on September 20, 1989 regarding several matters between the City of Sebastian and General Development Corporation. Among those matters discussed was the possibility of a misaligned drainage canal running parallel to and between Wentworth Avenue and County Road 512 between Vocelle and Barber Streets. It is my position that under the terms of the 1979 agreement between General Development Corporation and the City of Sebastian that the City accepted only properly aligned drainage swales and ditches. Therefore, if the above referenced drainage canal is misaligned, General Development Corporation is obligated to properly align the canal. I have asked the Community Development Department to provide photo copies of several building permits issued on the south side of Wentworth Avenue for your information. We request General Development Corporation to inspect this canal and to correct the drainage alignment. Thank you for your continued cooperation. S' cerel , 010 Robert S. McClary City Manager RSM/ j mt cc: Richard B. Votapka, Mayor & Sebastian City Council David Fisher, P.E. Bruce Cooper, Director Community Development