HomeMy WebLinkAbout06121989City of Sebastian
POST OFFICE BOX 780127 r'l SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MINUTES
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
MONDAY, JUNE 12, 1989 - 7:00 P.M.
CITY COUNCIL 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.
PURPOSE: SECOND READING, PUBLIC HEARING AND ADOPTION OF
ORDINANCE NO. 0-89-12, IMPLEMENTING PROVISIONS OF THE
CITY CHARTER RELATING TO THE MUNICIPAL AIRPORT
Mayor Votapka called the Special Meeting to order at
7:03 p.m.
The Pledge of Allegiance was recited.
ROLL CALL
Present:
Vice Mayor Robert McCarthy
Councilman Robert McCollum
Councilman Frank Oberbeck
Councilman Lloyd Rondeau
Mayor Richard Votapka
Also Present:
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Attorney Eliot Cutler
Attorney Robert Eisengrein, FAA
Bill Langley, FAA
Ilia Quinones-Flott, FAA
Dave Clemens, FAA
Special City Council Meeting'
June 12, 1989
Page 2
Mayor Votapka announced a meeting of the Friends of
the Sebastian River on Tuesday, June 13, 1989 at 7:00
p.m. at the Roseland Community Building.
4. SECOND READING, PUBLIC HEARING, ADOPTION
89.003
ORDINANCE NO. 0-89-12 - Implementing Provisions
of the City Charter Re~ating to the Municipal
Airport
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;
Attorney Cutler read Ordinance No. 0-89-12, for the
second time by title only.
Mayor Votapka opened the public hearing at 7:09 p.m.
Attorney Cutler explained the proposed agreement in
principle between the FAA and the City of Sebastian
and read the following documents into the record:
(see attached)
1) Letter dated June 12, 1989 from Attorney Cutler
to Attorney Eisengrein with attached agreement
(date of letter was changed to June 8, 1989 by
Attorney Cutler at this meeting)
2) Letter dated June 12, 1989 from Attorney
Eisengrein to Attorney Cutler
Attorney Eisengrein confirmed the FAA's concurrence
with the agreement in principle.
2
Special City Council Meeting
June 12, 1989
Page 3
Mayor Votapka opened the public input section of the
public hearing at 7:17 p.m.
George Metcalf, 425 Pine Street, Sebastian, opposed
adoption of Ordinance No. O-89-12.
Joy Woodbeck, 602 Layport Drive, Sebastian, said if
Ordinance No. 0-89-12 was not adopted, she would file
suit against the city.
George Reid, 202 DelMonte Road, Sebastian,
recommended good faith negotiations between the city
and FAA.
Gil Swiger, 667 Wallace Avenue, Sebastian, supported
adoption of Ordinance No. 0-89-12 to avoid
litigation.
Earl Masteller, 869 Robin Lane, Sebastian, concurred
with Attorney Cutler's advice to approve the
agreement in principle and suggested further language
to request the FAA to enforce various regulations
already on the books while the study is progressing.
Dolores McCarthy, 222 Fig Street, Sebastian,
concurred with Mr. Reid and Mr. Masteller and
suggested using the $200,000 as a pilot plan for the
nation.
Don Hall, 114 Crawford Drive, Sebastian, said as a
flight instructor he has ceased simulated engine
failure by request of the Airport Manager and
supported adoption of Ordinance No. 0-89-12.
Ed Foster withdrew his request to speak.
Ken Roth, 402 SW Ash Street, Sebastian, said
Ordinance No. 0-89-12 must be adopted and suggested
that the only alternative is to call a special
election to find out what the citizens want.
Steve Johnson, 12385 Roseland Road, Roseland,
insisted that FBO's be included in the airport study
if the agreement in principle is approved and
questioned the cost of Cutler's negotiations with the
FAA and how it was approved.
John Evans, 11155 Roseland Road, Roseland, Citizens
Airport Watch Legal Counsel, discussed proposed
voluntary procedures to reduce noise as presented by
the Airport Manager and Airport Advisory Board as a
Special City Council Meeting
June 12, 1989
Page 4
possible solution to noise problems, possible FAA
evaluation of flight patterns to reduce noise,
supported the Airport Complaint Hotline and stated
CAW's support for the agreement in principle
providing all parties act in good faith.
John Van Antwerp, 299 Airport Drive East, Sebastian,
said his position has always been that the airport is
important to the city and in a spirit of cooperation
they could live together, said he had proposed a Part
150 Noise Study in the Airport Master Plan, and urged
a real effort by all parties to negotiate a working
solution.
Mayor Votapka closed the public input section of the
public hearing at 8:05 p.m.
The City Manager stated that the engagement of
Cutler and Stanfield is sufficiently broad to
include the firm's negotiations with the FAA.
Attorney Cutler again explained the proposed
agreement in principle as an alternative to enactment
of Ordinance No. O-89-12, which could result in
costly, lengthy litigation which he believed would
result in the ordinance being sustained. Attorney
Cutler said that FAA's attitude regarding
implementation of interim procedures and the extent
to which procedures would be followed by users of the
airport, if endorsed by Council and recommended to
users of the airport on a voluntary basis, would be
greater to the extent that the city is in a course of
study leading to negotiation.
During this discussion Councilman Oberbeck was
excused at 8:21 p.m. and returned at 8:23 p.m.;
Councilman Rondeau was excused at 8:24 p.m. and
returned at 8:25 p.m.
Attorney Eisengrein said the local authority can
establish voluntary noise abatement rules which FAA
would support if not totally unreasonable; however;
the enactment of 65 dB(A) was a paramount issue to
the U.S. Government.
John Van Antwerp said that, in his opinion, training
flights that originate from other airports are most
of the airport's problem.
Discussion followed on the provisions called for in
Ordinance No. O-89-12.
4
Special City Council Meeting
June 12, 1989
Page 5
Mayor Votapka closed the public hearing at 8:52 p.m.
Mayor Votapka called recess at 8:52 p.m. and
reconvened the meeting at 9:07 p.m. Ail members
present at recess were present at recall.
MOTION by McCollum/McCarthy
I move we approve the agreement in principle
between the City of Sebastian and FAA and postpone
Ordinance No. 0-89-12.
ROLL CALL:
Councilman McCollum - aye
Councilman Oberbeck - nay
Councilman Rondeau - nay
Mayor Votapka - aye
Vice Mayor McCarthy - aye
MOTION CARRIED 3-2 (Oberbeck, Rondeau - nay)
5. Mayor Votapka ad3ourned the meeting at 9:52 p.m.
Approved at the J~./~ ~.~
Kathryr~/M. O'Halloran, City Clerk
, 1989 ~_~~ Council Meeting.
Richard B. Votapka, Mayor
5
ELIOT R. CUTLER
,JEFFREY L, $'rANFIEI. O
RANOI I,.. I:IREC~LOW
· JONATHAN POTTER*
DENNIS J. SCOTT
CUTLER ~ ST~kl~FIELD
SUITE
1850 M STREET, N. W.
WASHINGTON, D. C,
Robert F. Eisengrein, Esq.
Senior Staff Attorney
Federal Aviation Administration
Room 922 E
800 Independence Avenue, S.W.
Washington, D. C. 20591
June ~, 1989
TELEPHONE: (~,02) 822-6400
FACSIMILE: <:302) Ei22-~;407
Dear Bob:
On behalf of the City of Sebastian (the "City") and in
accordance with our discussions before the Sebastian City Council
(the "Council") during its consideration at its June 7 meeting of
proposed Ordinance No. 0-89-12, implementing the March 1989
amendments to the City Charter (the "Ordinance"), I am enclosing
a copy of the Agreement in Principle Between The City Of
Sebastian, Florida And The Federal Aviation Administration (the
"Agreement in Principle").
The text of the Agreement in Principle is that which
you and I represented to the Council and which I recommended be
approved by the Council at its June 12 meeting in lieu of final
enactment of the Ordinance. I would appreciate receiving from
you, on behalf of the Federal Aviation Administration (the
"FAA"), acknowledgment of your receipt of this letter and of the
FAA's concurrence in the Agreement in Principle. The Agreement
in Principle would become effective upon the receipt of such
acknowledgment and approval of the Agreement in Principle by the
Council on June 12.
Eliot R. Cutler
June 8, 1989
AGREEMENT IN PRINCIPLE
BETWEEN THE CITY OF SEBASTIAN, FLORIDA AND
THE FEDERAL AVIATION ADMINISTRATION
1) Following approval on first reading, the Sebastian city
Council will postpone final passage and enactment of the
ordinances implementing the March 1989 amendments to the city
charter,.~including those ordinances imposing a noise rule and
user fees at the Sebastian Municipal Airport. The FAA, in turn,
will refrain during such postponement from commencing, supporting
or encouraging any legal action against the City of Sebastian in
connection with the ordinances, charter amendments or related
airport matters.
2) The FAA will entertain a grant application for a planning
study funded under the FAA Airport Improvement Program, that
authorizes 90% funding for planning studies, subject to a
reduction of $27,908 of allowable costs paid under a previous FAA
Master Planning grant. No further payment will be made on
outstanding Master Planning Grant No. 01-86. The proposed study,
when completed, will serve as a foundation for negotiations
between the City of Sebastian and the FAA, with input from other
interested parties, aimed at determining the future role of the
Sebastian Municipal Airport. The planning grant study will focus
on the collection of data relating to present and future activity
levels, regional economic projections, demographic patterns and
environmental and community considerations on the basis of which
an appropriate role for the airport can be determined.
3) The sponsor of the study will be the City of Sebastian,
operating through its chief administrative officer, the city
Manager.
4) The City of Sebastian will retain, through selection
procedures conforming to applicable local and FAA requirements,
highly qualified, recognized consultants for the engineering and
design, noise and other components of the analysis. The FAA
reserves the right to reject such selection for cause.
5) The FAA will make a good faith effort to provide adequate
funding for the needed planning study using available FY 89 or FY
90 funds, and will support a study that can be completed within
one year from date of grant. The total federal share of the
costs of the study will be based on a review and approval by the
FAA of a proposed work scope, but in no event will exceed
$200,000, subject to the reduction referred to in paragraph 2
above. The City of Sebastian will submit such proposed study
work scope within 60 days.
6) The goal of the study will be to generate recommendations on
the future role of the airport and how the airport should be
modified or improved in order to fulfill that role in a manner
compatible with a) the City's overall community planning
objectives, b) federal statutory objectives and responsibilities
to adequately meet the needs of civil aviation, and c) the terms
of the surplus property conveyance by which the City acquired the
airport. An essential premise of the study will be that the
airport's role and use must be consistent with the overall goals
and needs of the City of Sebastian in a proper balance with such
appropriate federal objectives. Rather than fitting the City of
Sebastian to the Sebastian Municipal Airport or vice versa, the
study will attempt to identify ways to fit the two together.
7) The scope of work will includ~ an operations survey and
forecast, a noise study and analysis, an environmental analysis,
an economic analysis and forecast, and an engineering and design
analysis.
8) The study will provide for significant opportunity for input
from the FAA, the airport users, the citizens of the City of
Sebastian, and the citizens of the neighboring community of
Roseland.
9) If at any point during the study, comment and post-study
negotiation period the Council were to enact ordinances
implementing the March 1989 amendments to the city charter, as a
result of the order of a court in an action against and defended
by the City, the FAA would be free to take any legal action it
deems appropriate, and to stop further funding of any not
completed portion of the study. The FAA would provide the normal
progress payments authorized under the terms of an FAA planning
grant for work completed at the time of any such court order, and
the City of Sebastian would promptly make available to the FAA
all work product performed under the planning grant available at
the time of any court order.
10) If the Council were to unilaterally take any action to
terminate the study or to enact such implementing ordinances
prior to completion of the study and in the absence of a court
order, requiring such action, or were to seek issuance of such a
court order all grant progress payments will be returned to the
FAA and the grant voided. The FAA also reserves the right to
terminate the study if in the opinion of the FAA, adequate
progress is not being made or federal objectives are not being
sufficiently considered. In the latter event, progress payments
would be authorized to the date of termination.
11) The City of Sebastian agrees that FAA funding of a planning
study is being undertaken in the spirit of supporting a planning
effort intended to result in 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.
12) During the study period, the City of Sebastian will not
remove any airport lighting, will remedy any unsafe conditions at
the airport, and will operate the airport in accordance with the
conveyance agreement, and generally will not take any action that
will alter the character of the airport.
3
U.S Department
of TranspOrtorion
Federal Aviation
Administration
800 In(~el:)enclence Ave., S.W.
Washington, D.C. 20591
June 12, 1989
Eliot R. Cutler, Esq.
Cutler & Stanfield
1850 M Street, N.W.
Suite 1000
Washington, D.C. 20036
Dear Eliot:
I am in receipt of your letter of June 8, 1989, regarding
and enclosing the Agreement in Principle Between The City Of
Sebastion, Florida, and the Federal Aviation Administration
(the "Agreement in Principle"). On behalf of the Federal
Aviation Administration (the "FAA"), I hereby acknowledge that
the FAA concurs in the Agreement in Principle.
Sincerely,
Robert F. Eisengrein
Senior Staff Attorney