HomeMy WebLinkAbout02211990City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
A G E N D A
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
WEDNESDAY, FEBRUARY 21, 1990 - ?:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIANc FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
LISTED BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
PURPOSE: Consider Closing Runway 13-31, Sebastian
Municipal Airport
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. PUBLIC INPUT ON AGENDA ITEMS ONLY
RESOLUTION NO. R-90-11 - Closing Runway 13-31,
Sebastian Municipal Airport
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN
MUNICIPAL AIRPORT; PROVIDING FOR THE TEMPORARY
SUSPENSION OF AIRCRAFT USE OF RUNWAY 13-31; DIRECTING
THE CITY MANAGER TO REQUEST THAT A SAFETY STUDY BE
CONDUCTED BY THE FEDERAL AVIATION ADMINISTRATION OF
THE OPERATION OF RUNWAY 13-31; DIRECTING THE CITY
MANAGER TO PROVIDE NOTICE OF THE TEMPORARY CLOSING OF
RUNWAY 13-31 TO THE PUBLIC; PROVIDING FOR THE
MAINTENANCE OF RUNWAY 4-22 DURING THE PERIOD OF TIME
THAT RUNWAY 13-31 IS CLOSED; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
6. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND
MAY NEED Tp ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS iS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
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City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MEMORANDUM
DATE:
TO:
THROUGH:
FROM:
SUBJECT:
February 21, 1990
Mayor Votapka and Sebastian
City Council Members
Robert S. McClary ~~'~
Jo Anne Townse~~/~~
Proposed Closi~of Runway 13-31
Attached you will find a letter I received late this afternoon
from James Sheppard, Manager of the Orlando Airports District
office of the Federal Aviation Administration. As you can see,
Mr. ~heppard believes your adoption of a resolution temporarily
closing Runway 13-31 violates the terms of the Quitclaim Deed as
well as the Standstill Agreement.
Upon receipt of this letter, I contacted our special legal
counsel, Eliot Cutler. Mr. Cutler believes the Council may
discuss the proposed resolution and may listen to residents'
concerns; however, he believes the Council should NOT take any
formal action on the proposed resolution tonight. Accordingly, I
would respectfully request the Council to defer formal
consideration of this matter.
Attachment
U 5, Department
ol Transporlalton
Federal A¥1llllon
Admlnlttroti~n
February 21, 1990
Ms. Jo Anne Town~end
ASsistant City Manager
City of Sebastian
p.O. Bo~ 780127
SebaStian, FL 32978
orlando Airports District office
4100 Tradecenter street
Orlando, Florida 32827'5096
Dear Ms. Townsend:
Resolution to be considered
Thi concerns the proposed Airp°rthave no information that use
~ity council this evening. We conCUr in
by .
of Runway 13/31 is un~afe Therefore, we cannot sure of the RunwaY.
the clo .... Runway unsafe and to
he City of sebastian to declare
n ~nformation, is contrary
F?r t .. eciflc suppor~i ? ' eed. It is alsO
c~oSe it w~t~ou~ ~-ditio~. of t~e ~u~ C~_~he city of
to the terms ano_uu,,__ Principle BetWe~.~ ....
-~-~rarv to the Agreemen~ in. ..=_. Administratzon'
Sebastian ano ~,~ ~7-5 ..~^. ~hnnld re]ec~u.
the pNoposed Airport Eeso~uu~u ......... be '
Thank you for your consideration of our position in this matter.
Sincerely, . ,-'~
///Oame~ E. ShepPar
Manager
,'pARTNERS IN CREATING TOMORROW'S AIRPORTS"
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
~E Mo RAN DUM
DATE:
TO:
FROM:
RE:
February 21, 1990
Richard B. Votapka, Mayor & Sebastian City
Council
Robert $. McClary /~
Resolution R-90-11
Attached is a copy of the final draft of Resolution R-90-11.
This resolution was changed after notice was sent to the City
Council and after City Hall had closed yesterday. The resolution
is done "legislative" style to indicate the changes which were
made. All changes were done at the request of Special Legal
Counsel, Eliot Cutler.
/jmt
Attachment
RESOLUTION NO. R-90-11
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL
AIRPORT; PROVIDING FOR THE TEMPORARY SUSPENSION OF
AIRCRAFT USE OF RUNWAY 13-31; DIRECTING THE CITY
MANAGER TO REQUEST THAT A SAFETY STUDY BE CONDUCTED BY
THE FEDERAL AVIATION ADMINISTRATION OF THE OPERATION OF
RUNWAY 13-31; DIRECTING THE CITY MANAGER TO PROVIDE
NOTICE OF THE TEMPORARY CLOSING OF RUNWAY 13-31 TO THE
PUBLIC; PROVIDING FOR THE MAINTENANCE OF RUNWAY 4-22
DURING THE PERIOD OF TIME THAT RUNWAY 13-31 IS CLOSED;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on January 29, 1959 the City of Sebastian (the
"City") received by quit claim deed from the United States of
America the property now known as Sebastian Municipal Airport
(the "Airport"); and
WHEREAS, the terms of the quit claim deed require the City
to operate the airport for the use and benefit of the public, on
reasonable terms and without unjust discrimination; and
WHEREAS, the City of Sebastian has maintained and operated
the Airport in accordance with the terms and conditions of that
quit claim deed and intends to continue to do so; and
WHEREAS, on February 3, 1990, two airplanes on approach to
Runway 13 of the Airport collided in mid-air and crashed to the
ground, causing the death of one person and injury to another;
and
WHEREAS, on February 14, 1990, an airplane on approach for
an emergency landing on Runway 13 of the Airport crash-landed on
Roseland Road, fewer than ~88 two hundred feet from where the two
planes crashed on February 3, 1990; and
WHEREAS, aircraft which land on Runway 13 and depart from
Runway 31 must fly at low altitudes over a densely populated
residential area; and
WHEREAS, the three airplanes involved in the accidents noted
herein each landed close to homes located in the residential area
proximate to the northwest end of Runway 13; and
WHEREAS, the City has an obligation to operate its airport
in a manner which is safe for both users and residents; and
WHEREAS, the City is presently operating and continues to
operate the Airport in accordance with Principles of Agreement
agreed to by the City and the Federal Aviation Administration in
June, 1989; and -
WHEREAS, the City is authorized to manage the use of its
Airport in a manner calculated to assure safe operating
conditions by the Department of Transportation Federal Aviation
Administration Airport Compliance Requirements, Order 5190.6A
(1989), Paragraphs 4-7(b) and 4-8; and
WHEREAS, such management authority of the City is
acknowledged by the Principles of Agreement Paragraph 12; and
WHEREAS, Runway 4-22 at the Airport has been certified by
the Florida Department of Transportation to be in good and usable
condition.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. TEMPORARY CLOSING. Runway 1S-S1 at the
Sebastian Municipal Airport located in the City of Sebastian,
Indian River County, Florida, shall be closed to all airport
traffic for such time until a safety study eem be is completed by
the Office of Flight Standards of the Fede-~al Aviation
Administration and the City Council cea them ~ake takes action to
reopen Runway 13-31 after reviewing the safety study smd
se~e%~ e~ %he ~es~e~ees e~ ~s~esses s~e~e~ ~eee R~we~
Section 2. IMPLEMENTATION. The City Manager shall
submit a request for a safety study on behalf of the City to the
Office of Flight Standards of %he Federal Aviation Administration
within ten days of the effective date of this Resolution. The
City Manager shall implement the closing of Runway 13-31 to
airport traffic as soon as practicable in accordance with all
required and recommended Federal Aviation Administration safety
procedures, including providing warnings to airport users, such
as adequate markings, and issuing a No%ice to Airmen to advise
pilots of the closing of Runway 13-31. The City Manager shall
direct that all airport traffic utilize Runway 4-22 during the
period of time that Runway 13-31 is closed to airport traffic.
The City shall maintain Runway 4-22 in good and usable condition
~n~ ~h~s De~e~ e~ %~me ~Me~ R~mwey ~-8~ ~eme~ms e~ese~ ~e
Section 3. CONFLICT. Ail resolutions or Darts of
resolution in conflict herewith are hereby repealed.
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Section 4. SEVERABILiTY. In the event a court of
competent Jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed
that the City Council of the City of Sebastian did not intend to
enact such invalid or unconstitutional provision. It shall
further be assumed that the City Council would have enacted the
remainder of this Resolution without said invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
Section 5. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilman . The motion was seconded by
Councilman and, upon being put to a vote,
the vote was as follows:
Mayor Richard B. Votapka
Vice Mayor Robert McCarthy
Councilman Robert L. McCollum
Councilman Frank Oberbeck
Councilman Lloyd Rondeau
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1990.
CiTY OF SEBASTIAN, FLORIDA
by:
Richard B. Votapka, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
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RESOLUTION NO. R-90-11
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL
AIRPORT; PROVIDING FOR THE TEMPORARY SUSPENSION OF
AIRCRAFT USE OF RUNWAY 13-31; DIRECTING THE CITY
MANAGER TO REQUEST THAT A SAFETY STUDY BE CONDUCTED BY
THE FEDERAL AVIATION ADMINISTRATION OF THE OPERATION OF
RUNWAY 13-31; DIRECTING THE CITY MANAGER TO PROVIDE
NOTICE OF THE TEMPORARY CLOSING OF RUNWAY 13-31 TO THE
PUBLIC; PROVIDING FOR THE MAINTENANCE OF RUNWAY 4-22
DURING THE PERIOD OF TIME THAT RUNWAY 13-31 IS CLOSED;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on January 29, 1959 the City of Sebastian (the
"City") received by quit claim deed from the United States of
America the property now known as Sebastian Municipal Airport
(the "Airport"); and
WHEREAS, the terms of the quit claim deed require the City
to operate the airport for the use and benefit of the public, on
reasonable terms and without unjust discrimination; and
WHEREAS, the City of Sebastian has maintained and operated
the Airport in accordance with the terms and conditions of that
quit claim deed and intends to continue to do so; and
WHEREAS, on February 3, 1990, two airplanes on approach to
Runway 13 of the Airport collided in mid-air and crashed to the
ground, causing the death of one person and injury to another;
and
WHEREAS, on February 14, 1990, an airplane on approach for
an emergency landing on Runway 13 of the Airport crash-landed on
Roseland Road, fewer than 200 feet from where the two planes
crashed on February 3, 1990; and
WHEREAS, aircraft which land on Runway 13 and depart from
Runway 31 must fly at low altitudes over a densely populated
residential area; and
WHEREAS, the three airplanes involved in the accidents noted
herein each landed close to homes located in the residential area
proximate to the northwest end of Runway 13; and
WHEREAS, the City has an obligation to operate its airport
in a manner which is safe for both users and residents; and
WHEREAS, the City is presently operating and continues to
operate the Airport in accordance with Principles of Agreement
agreed to by the City and the Federal Aviation Administration in
June, 1989; and
WHEREAS, the City is authorized to manage the use of its
Airport in a manner calculated to assure safe operating
conditions by the Department of Transportation Federal Aviation
Administration Airport Compliance Requirements, Order 5190.6A
(1989), Paragraphs 4-7(b) and 4-8; and
WHEREAS, such management authority of the City is
acknowledged by the Principles of Agreement Paragraph 12; and
WHER~S, Runway 4-22 at the Airport has been certified by
the Florida Department of Transportation to be in good and usable
condition.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. TEMPORARY CLOSING. Runway 13-31 at the
Sebastian Municipal Airport located in the City of Sebastian,
Indian River County, Florida, shall be closed to all airport
traffic for such time until a safety study can be completed by
the Office of Flight Standards of the Federal Aviation
Administration and the City Council can then take action to
reopen Runway 13-31 after reviewing the safety study and
determining that Runway 13-31 can be utilized for airport
operations in a manner which does not unduly 3eopardize the
safety of the residences and businesses situated near Runway 13-
31.
Section 2. IMPLEMENTATION. The City Manager shall
submit a request for a safety study on behalf of the City to the
Office of Flight Standards of the Federal Aviation Administration
within ten days of the effective date of this Resolution. The
City Manager shall implement the closing of Runway 13-31 to
airport traffic as soon as practicable in accordance with all
required and recommended Federal Aviation Administration safety
procedures, including providing warnings to airport users, such
as adequate markings, and issuing a Notice to Airmen to advise
pilots of the closing of Runway 13-31. The City Manager shall
direct that all airport traffic utilize Runway 4-22 during the
period of time that Runway 13-31 is closed to airport traffic.
The City shall maintain Runway 4-22 in good and usable condition.
Section 3. CONFLICT. Ail resolutions or parts of
resolution in conflict herewith are hereby repealed.
Section 4. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed
that the City Council of the City of Sebastian did not intend to
2
enact such invalid or unconstitutional provision. It shall
further be assumed that the City Council would have enacted the
remainder of this Resolution without said invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
Section 5. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilman . The motion was seconded by
Councilman and, upon being put to a vote,
the vote was as follows:
Mayor Richard B. Votapka
Vice Mayor Robert McCarthy
Councilman Robert L. McCollum
Councilman Frank Oberbeck
Councilman Lloyd Rondeau
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1990.
CITY OF SEBASTIAN, FLORIDA
by:
Richard B. Votapka, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
( Seal )
Approved as to Form and Content:
Charles Ian Nash, City Attorney
3
MAYOR REFERRING TO RESOLUTION R-90-11 NOTED THAT THE
RECOMMENDATION FROM THE CITY'S SPECIAL COUNCIL CUTLER,
WHO DRAFTED THE RESOLUTION HAS SUGGESTED THAT ACTION BE
TAKEN ON THE PROPOSED RESOLUTION AT THIS Mt (E.C.)
RESPECTFULLY REQUESTED THE CITY COUNCIL DE!
CONSIDERATION OF THIS MATTER. (THIS LAST LINE OF THE MEMO
TO COUNCI~ND J.T. DATE )0)
THE ADVIOEtOF MR. CU, ER MoOART Y SECONDED
ROBB ASKEDI~HAT DI~ION STAFF WOULD FOLLOW iN THE INTERM ALSO
IF MR. CUT~ER SHO~L,~U CONTINUE NEGOTIATING WITH FAA FOR SOME SORT
OF SUSPENS~ ~N__OyT~E USE OF 13-31 OR OTHER ALTERNATIVES~ OR
:T~t~D$~'OF TEMPORARY RELIEF. (INTERM BETWEEN NOW AND
ALTERNATE
THE TIME TH ~SAFETY STUDY WOULD BE COMPLETED)
MAYOR WANTS M~NAGER TO WORK ON A~UO~UNTARY BASIS OR COME TO a
WRITTEN AGRE~ENT WITH PRO FL!g{{T AND FLIGHT SAFETY. THEY
INDICATED THeY COULD GIVE~O~NTARY RELIEF. MAYOR
DOES
NOT
WANT
CUTLER INVOL~ED--~____~BECAUSE~.~'"~' CITY HAS HAD PROBLEMS WITH THE
REFERENDUM
AN~ THIS ~,~TICULAR RESOLUTION. HE ASKED THAT THIS
ITEM BE DEFERR~D~HIS~-~- TIME AND SAVE IT TILL THE CITY MANAGER
HAS MET WITH THE FLIGHT TRAINING SCHOOLS AND THEN REPORT TO
COUNCIL AT ,T~AT TIME THE C.M. CAN AUTHORIZATION AT THAT TIME_
/~%~'
o
McCArTHY ADVISE E.C. THAT WE HAVE DEFERRED THIS RESOLUTION T A
TIME4~ERTAIN AND HE SHOULD ADVISE YOU ACCORDINGLY. McCARTHY
WOULD LIKE E.C. COMMENTS ON THIS.
ROBB E.C. WOULD ATTEMPT TO MAKE SOME SORT OF NEGOTIATION WITH FAA
E.C. WOULD WANT A DEFERRAL TONIGHT TO AFFORD HIM MORE TIME - HIS
DEALINGS WITH FAA HAVE BEEN THROUGH EISENGRIND IN WASHINGTON.
ROBB WANT MORE OF A SENSE OF WHERE THE COUNCIL WOULD LIKE FOR
STAFF TO GO WITH THIS: IF TO ONLY ADVISE E.C. WHAT ACTION WAS
THIS P.M. HE WILL ALSO REQUEST A SAFETY STUDY AS OF THE LAST
MEETING AND HE SOUGHT E.C. ADVICE TO DO THIS STUDY.
HE ASKED IF THERE IS ANY OTHER DIRECTION STAFF SHOULD GIVE E.C.
IS HE NEEDED TO NEGOTIATE WITH FAA IN ORDER TO REACH A COMPROMISE
WITH FAA TO SUSPEND OR TO LIMIT OPERATIONS PENDING THE COMPLETION
OF AN FAA SAFETY STUDY.
MAYOR JUST INFORM HIM ABOUT TONIGHT - YOU AND STAFF PROCEED WITH
ANY NEGOTIATIONS BETWEEN THE FIGHT TRAINING SCHOOLS AND COME UP
WITH SOME SOLUTONS. BRING IT BACK TO COUNCIL BEFORE E.C. IS
INVOLVED ANY MORE.
McCARTHY WE ARE GIVING IN THE FAA AND AOPA WE ARE GIVING INTO
1
EVERYBODY. I WOULD NOT GO FOR THAT. WE HAVE HOMERULE AND WE ARE
BEING USED HERE. THE ORLANDO OFFICE DOES NOT HAVE AS MUCH BITE
AS THE WASHINGTON, D.C. OFFICE. E.C. HAVE BEEN VERY SUCCESSFUL
WITH THE WASHINGTON D.C. OFFICE.
MAYOR ABOUT ORLANDO FAA RE CITY WORKING WITH THIS AGENCY.
OBERBECK LIKE HEARING FROM FLIGHT SCHOOLS. THE DIRECTIVE TONIGHT
WAS FOR THE CITY MANAGER TO SIT DOWN WITH THE PEOPLE WHO ARE
CAUSING THE PROBLEM AND WORK OUT A SOLUTION. WE DON'T NEED
ATTORNEYS.
LET E.C. SIT IN ABEYANCE AND WE WILL CALL HIM WHEN WE NEED HIM.
McCOLLUM CAN AGREE WITH OBERBECK EXCEPT FOR ONE THING - WHO WiLL
HANDLE THE CONCESSIONS.
ROBB TAKES HIS JOB VERY SERIOUSLY. HE WANTS TO KNOW WHAT TO TELL
E.C. WHERE DOES COUNCIL WANT TO GO? SHOULD EC.NEGOTIATE ON OUR
BEHALF ON RUNWAY 13.
OBERBECK HAS NO PROBLEM WITH E.C. REVIEWING THE FINAL DRAFT AFTER
THE STUDIES ARE DONE. THE CITY IS IN THE BEST POSITION WITH
REGARD TO DISCUSSIONS WITH FLIGHT TRAINING SCHOOLS TALKING TO THE
CITY MANAGER. ROBB IS NOT TO MAKE ANY LEGAL DECISIONS.
McCARTHY IF OBERBECK WANTS TO AMEND HIS MOTION TO SAY PENDING
THE OUTCOME OF THIS MEETING WITH FLIGHT SAFETY IN OTHER WORDS
LEAVE E.C. OUT THERE WITH THIS RESOLUTION HAVE HIM DO NOTHING ON
IT PENDING ANYTHING WITH FLIGHT SAFETY. YOU COULD TELL E.C. THAT
UNTIL THE STAFF MEETS WITH APPROPRIATE SCHOOLS THE COUNCIL WANTS
HIM TO HOLD OFF.
OBERBECK I'LL GO ALONG WITH THAT - I DON'T HAVE A PROBLEM WITH
THAT.
BOTH AGREED TO AMEND MOTION (change motion)
I MOVE THAT WE DEFER TO A TIME UNCERTAIN RESOLUTION R-90-11
PENDING THE OUTCOME OF THE MEETING WITH FLIGHT SAFETY AND
PROFLIGHT AND OTHER TRAINING SCHOOLS AND HOLD MR.C. IN ABEYANCE
UNTIL SUCH TIME.
AND YOU WERE THERE FOR THE ROLL CALL .....
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