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HomeMy WebLinkAbout06071989 City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING/WORKSHOP WEDNESDAY, JUNE 7, 1989 - 7:00 P.M. CITY COUNCI-~ CHAMBERS 1225 MAIN STREET, SEBASTIAN, 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. Mayor Votapka called the meeting to order at 7:06 p.m. City Manager, Robert McClary, led the Pledge of Allegiance. 3. ROLL CALL Present: Vice Mayor Robert McCarthy Councilman Lloyd Rondeau Councilman Frank Oberbeck Councilman Robert MCCollum Mayor Richard Votapka Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper Finance Director, Carol Carswell Chief of Police, Charles Reynolds City Planner, Peter Jones City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Also Present: Attorney Eliot Cutler Attorney Barry Connaty Attorney Robert Eisengrein, FAA Bill Langley, FAA Ilia Quinones-Flott, FAA Dave Clemens, FAA 1 'June 7, 1989 Special Meeting/Workshop Page 2 4. ANNOUNCEMENTS Mayor Votapka discussed site selection for the North County High School and said he would keep Council updated. 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) None. 6. PUBLIC INPUT ON AGENDA ITEMS ONLY Mayor Votapka opened public input at 7:11 p.m. John Yodice, Legal Counsel for Aircraft Owners and Pilots Association, opposed Ordinance No. O-89-12. George Reid, 202 Delmonte Road, Sebastian, recommended a delay in referendum implementation and suggested several solutions. George Schum, Layport Drive, Sebastian, recommended approval for the purchase of CAVCORP property. Bob Quick, 857 Robin Lane, recommended proponents and opponents of Ordinance No. O-89-12 work together for a solution. Donald Smithmyre, 317 Benschop Street, Sebastian, expressed concern for the practice of simulated engine failure by student pilots. Frank DeJoia, 11625 Roseland Road, Roseland, spoke on behalf of the Roseland Property Owners' Association in support of Ordinance No. 0-89-12. Richard Rosenkranz, 11155 Roseland Road, Roseland, urged that a solution be worked out by both sides of the airport issue. John Evans, 11155 Roseland Road, Attorney for Citizens Airport Watch, presented Robert Eisengreln with copies of petitions from airport referendums and urged cooperation for a solution to the airport issue. Councilman Oberbeck was excused from the meeting from 7:42 p.m. to 7:44 p.m. Dolores McCarthy, 222 Fig Street, Sebastian, discussed noise and safety problems related to the airport. 2 'June 7, 1989 Special Meeting/Workshop Page 3 Earl Masteller, 869 Robin Lane, Sebastian, suggested that Council and the FAA negotiate a reasonable solution to the airport issue. Ruth Paasch, 219 Cedar Street, Sebastian, discussed noise problems related to the airport. Donato DeRobertls, 550 SW Michael Street, Sebastian, questioned whether airport funds can be used for other than maintenance and improvements under the terms of the lease agreement. Robert Eisengrein, Senior Attorney for Airport Access for the Office of the Chief Counsel, FAA, Washington, DC, read a prepared statement regarding the FAA's position on the implementation of certain aspects of airport charter provisions. He said if Ordinance No. O-89-12 is enacted, the FAA would have no other course but to enact the reverter clause in the airport deed, file a temporary in3unction to prohibit enforcement of the ordinance and seek an order to prevent use of airport funds for legal costs. He said an agreement had been worked out with Eliot Cutler which Mr. Eisengrein deemed an acceptable alternative. Eliot Cutler, Cutler & Stanfield, Washington, DC, Special Counsel to the City of Sebastian, entered into the record the following documents: (see attached) Section-by-Section Synopsis of Proposed Ordinance of City of Sebastian, Florida, to Implement Noise Rule and User Fee at Sebastian Municipal Airport As Required by Amendments to City Charter Adopted March 14, 1989 - dated 6/2/89 Preliminary Financial/Operating Analysis - Apogee Research Bogan & Associates Noise Study Report Conducted 5/17/89 and 5/18/89 Proposed Agreement in Principle Between the City of Sebastian and FAA - dated 6/7/89 (amended version is attached) 3 ~June 7, 1989 Special Meeting/Workshop Page 4 Attorney Cutler explained the "Proposed Agreement in Principle Between the City of Sebastian and FAA", recommended approval of Ordinance No. 0-89-12 on first reading and setting public hearing for June 12, 1989, and upon completion of the public hearing postponing final passage of the ordinance and proceeding to conduct an airport planning study, focused on the relationship between the airport and the community, at which time the FAA would refrain from commencing any legal action against the city. Attorney Cutler said that if the City is forced to comply with passage of the ordinance by court mandate, he would advise Council to enact the ordinance at which time the FAA would be released from the agreement. Attorney Eisengrein said the FAA had made two changes to the proposed agreement as follows: Paragraph 6, first sentence: restricted" are stricken. the words "and/or Paragraph 11, first sentence: the word "comprehensive" is stricken; the words "the preservation of the Sebastian Municipal Airport in a manner consistent with legitimate community interests and federal objectives" are stricken and replaced with "at least an objective analysis of demand for aviation services at the Sebastian Airport and a comprehensive plan for satisfying that demand while considering legitimate community interests, and local, state and Federal aviation interests". Attorney Nash was instructed to provide City Council with a legal opinion regarding possible City Council members' personal civil liability for failure to enact the ordinance as mandated by the March 14, 1989 referendum by the June 12, 1989 public hearing. Discussion followed on the possibility of restricting training flights. Mayor Votapka closed public input at 9:25 p.m. 4 'June 7, 1989 Special Meeting/Workshop Page 5 7. NEW BUSINESS 89.003 A. ORDINANCE NO. 0-89-12 - Implementation of Airport Charter Provisions FIRST READING, SET 2ND READING, PUBLIC HEARING AND ADOPTION FOR 6/12/89 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AMENDING CHAPTER 3.5 OF THE CODE OF ORDINANCES OF THE CiTY OF SEBASTIAN; AMENDING SECTION 3.5-2 PERTAINING TO DEFINITIONS; CREATING A NEW SECTION ESTABLISHING THE POSITION OF AIRPORT OFFICER; CREATING A NEW SECTION PROVIDING FOR THE REGISTRATION OF AIRCRAFT AND PROVIDING FOR PENALTIES FOR VIOLATIONS THEREOF; CREATING A NEW SECTION PROVIDING FOR A NOISE RULE APPLICABLE TO AIRCRAFT USING THE SEBASTIAN MUNICIPAL AIRPORT AND PROVIDING FOR PENALTIES FOR VIOLATIONS THEREOF; CREATING A NEW SECTION PROVIDING FOR USER FEES FOR OWNERS OF AIRCRAFT AND PROVIDING A PENALTY FOR FAILURE TO PAY SUCH FEE; CREATING A NEW SECTION PROVIDING FOR THE EXEMPTION OF CERTAIN AIRCRAFT FROM THE NOISE RULE AND USER FEES; CREATING A NEW SECTION PROVIDING FOR ENFORCEMENT OF FINES SET FORTH iN CHAPTER 3.5; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Cutler read Ordinance No. 0-89-12, for the first time, by title only. MOTION by Rondeau/McCarthy I move we approve Ordinance No. 0-89-12, as read by Attorney Cutler for the first time by title only, and set second reading and public hearing for June 12, 1989. Attorney Cutler recommended that City Council consider, following the public hearing on June 12, 1989, in one motion "a motion to table further consideration of the ordinance and to authorize the City Manager, on behalf of the City, to enter into an agreement, letter agreement with the FAA, in the manner and form discussed here tonight which would then provide a basis for the negotiation with the FAA of a planning grant, the conduct of a planning study, further negotiations with the FAA at the conclusion of that study". 5 ~June 7, 1989 Special Meeting/Workshop Page 6 Attorney Nash said the agreement would have to be signed by the Mayor and attested to by the City Clerk as set out in Section 2.06 City Charter. It was decided by all parties that enactment of the agreement could be done by an exchange of letters between Attorney Eisengrein, on behalf of the FAA and Attorney Cutler, on behalf of the City of Sebastian, attached to which would be the agreement as approved by the City Council. In response to a question to Attorney Nash, regarding whether the grant would be in violation of the City Charter, Attorney Cutler said it would not be a violation, however, Section 1.02 (7) of the City Charter would require a City Attorney opinion, which he said his firm would be willing to provide to Attorney Nash so that he may provide an opinion. ROLL CALL: Councilman McCollum - aye Councilman Oberbeck - nay Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye MOTION CARRIED 4-1 (Oberbeck - nay) 8. PRESENTATIONS A. McKee Jungle Gardens Preservation Society, Inc. This item was rescheduled to the June 14, 1989 Regular Meeting. Mayor Votapka called recess at 9:30 p.m and reconvened the meeting at 9:55 p.m. All members present at recess were present at recall. 9. OLD BUSINESS The Following Items Are Carried Over From the 5/24/89 Regular Meeting: A. CITY MANAGER MATTERS 89.103 Request Assistant City Manager (Memo from City Manager dated 5/18/89) The City Manager explained that his request for an Assistant City Manager was a result of increased activity in his office. ~June 7, 1989 Special Meeting/Workshop Pag~ 7 89.086 Attorney Nash responded to question by Councilman Oberbeck that airport enterprise funds could be used to pay a portion of the Assistant City Manager's salary in his capacity as Airport Director with extra record keeping to document time spent on the airport and pro-rate that amount. MOTION by McCarthy/McCollum I move we approve the request of the City Manager for an Assistant City Manager with all stipulations as stated in the last paragraph of his memo to Council dated May 18, 1989, and with a tracking of expenses for work the Assistant City Manager performs as Airport Director. (Memo attached) ROLL CALL: Councilman Oberbeck - aye Councilman Rondeau - nay Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye MOTION CARRIED 4-1 (Rondeau - nay) Mayor Votapka requested that the City Manager come back to Council at the appropriate time with augmented duties of the Airport Manager as a result of enactment of the airport ordinance. RESOLUTION NO. R-89-28 - Unlimited Time Status Employees - Adding Airport Director A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION II OF PART V OF THE STANDARD OPERATING PROCEDURES BY ADDING THE TITLE OF AIRPORT DIRECTOR; REPEALING RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager read ReSolution No. R-89-28 by title only. 7 ~June 7, 1989 Special Meeting/Workshop Page 8 MOTION by Oberbeck/McCollum I move we adopt Resolution No. R-89-28 as read by the City Manager by title only. The City Manager said he would bring another resolution adding the Airport Director to this resolution as a separate position following adoption of the Assistant City Manager 3ob description resolution. ROLL CALL: Councilman Rondeau - nay Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye MOTION CARRIED 4-1 (Rondeau - nay) C. AIRPORT ADVISORY BOARD 89.095 Request to Complete Information Pamphlet (Memo from Board dated 4/26/89) MOTION by McCarthy/Oberbeck I move we postpone action on the Airport Information Pamphlet indefinitely. VOICE VOTE on the motion carried 4-1 (Rondeau - nay) 89.100 89.101 D. MAYOR'S MATTERS 1. Marker 68 Marina (Letter from Coulter dated 5/9/89) MOTION by Oberbeck/McCarthy I move we take no action on Marker 68 Marina. VOICE VOTE on the motion carried 5-0. 2. CAVCORP Property (No Backup) Discussion took place on possible purchase of the CAVCORP property. At 10:30 p.m. the following motion was made: 8 ~June 7, 1989 Special Meeting/Workshop Page 9 MOTION by Oberbeck/McCollum I move we extend the meeting fifteen minutes. ROLL CALL: Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - nay Mayor Votapka - aye MOTION FAILED (Due to lack of unanimous vote) 11. Mayor Votapka adjourned the meeting at 10:30 p.m. The following items were not addressed and will be carried to the June 14, 1989, Regular Meeting. 89.102 Cemetery Property on West Side of U.S. 1 (Approx. 2.11 Acres)(No backup) E. COUNCIL MATTERS 89.101 Councilman Rondeau - Recommend that City Negotiate with Owners to Purchase CAVCORP Property Adjacent to U.S. #1 and Riverview Park (No Backup) 10. WORKSHOP ITEMS A. MAYOR'S MATTERS B. COUNCIL MATTERS 1. Councilman Rondeau 89.105 Discuss Implementation of Complaint Line Re: Airport Noise (No Backup) C. CITY ATTORNEY MATTERS 89.106 Request Permission to File Amicus Brief in Conjunction with City of Port St. Lucie Lawsuit (Letter from City Attorney dated 6/2/89) D. CITY MANAGER MATTERS 89.107 Discuss Planning & Zoning Recommendation Re: Mobile Home Requirements (Staff Recommendation dated 6/2/89 - Memo from Director of Community Development dated 6/1/89 - Memo from P & Z dated 3/21/89 9 'June 7, 1989 Special Meeting/Workshop Page 10 Approved at the June 14 Kathryn~. O'Halloran, City Clerk 1989 City Council Meeting. Richard B. Votapka, Mayor 10