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HomeMy WebLinkAbout06281989City of Sebastian POST OI=FIGE BOX 7801:>7 [] SEBASTIAN, I=LOFIIDA $2978 T E L E P~N4~ ~.4~. ~Sg 3 0 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING ~EDNESDAY, JUNE 28, 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. Mayor Votapka called the meeting to order at 7:00 p.m. 2. Chief Reynolds led the Pledge of Allegiance. Invocation was given by Reverend Carl Robert Merola, St. Elizabeth Episcopal Church. 4. ROLL CALL Present: Vice Mayor Robert McCarthy Councilman Lloyd Rondeau Councilman Frank Oberbeck Councilman Robert McCollum Mayor Richard Votapka Also Present: City Attorney, Charles Nash Director of Community Development, Bruce Cooper Finance Director, Carol Carswell Chief of Police, Charles Reynolds City Engineer, David Fisher City Planner, Peter Jones City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting June 28, 1989 Page 2 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Mayor Votapka noted that former interim Chief of Police Earle Petty was unable to accept his proclamation this evening, but would attend the July 12, 1989 Regular Meeting, and that Consent Agenda item (H) 89.125 - "Request for Use of Riverview Park by North County Democratic Club" had been withdrawn. 6. CONSENT AGENDA Approve Minutes - 6/12/89 Special Meeting, 6/14/89 Regular Meeting 89.122 Resolution No. R-89-32 - Abandonment of Easement Lots 4 & 5, Block 3, Unit 1, SH 89.123 Resolution No. R-89-33 - Youth Softball Fees - (Parks & Recreation Recommendation dated 6/16/89) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO RECREATIONAL FEES; ESTABLISHING A FEE SCHEDULE FOR YOUTH SOFTBALL PROGRAMS; REQUIRING PAYMENT OF FEES TO THE CITY CLERK; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 89.103 Resolution No. R-89-37 - Assistant City Manager Job Description A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A NEW JOB DESCRIPTION FOR THE POSITION OF ASSISTANT CITY MANAGER; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 89.124 Resolution No. R-89-38 - Unlimited Time Status - Adding Assistant City Manager 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 ASSISTANT CITY MANAGER; REPEALING RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 2 Regular City Council Meeting June 28, 1989 Page 3 Request for Community Center - Valensuela/Magana - Wedding - 7/22/89 - 1:00 p.m. to 7:00 p.m. - A/B - security paid Request for Community Center - Sanders - Wedding - 9/16/89 - 10:00 a.m. to 4:00 p.m. - A/B - security paid 89.125 Request for Use of Riverview Park by North County Democratic Club - Vendor Sales and Use of Public Address System - 9/4/89 - Labor Day (City Manager Recommendation Dated 6/20/89) 89.126 Request for Fee and Security Deposit Waiver for Use of Yacht Club - Citizens for North County Education - 7/6/89 - 7:30 p.m. to 10:00 p.m. (City Manager Recommendation Dated 6/20/89) 89.127 Cancel July 5, 1989 Workshop Meeting (City Manager Recommendation Dated 6/20/89) Councilman Oberbeck removed Consent Agenda items B and F for clarification. Councilman Rondeau removed Consent Agenda item J. MOTION by Oberbeck/McCarthy I move we approve Consent Agenda items A, C, D, E, G and I and remove items B, F and J for discussion. ROLL CALL: Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye MOTION CARRIED 5-0. 89.122 Item B - Resolution No. R-89-32 MOTION by Oberbeck/McCollum I move that application for the abandonment of easement be corrected to read "125 feet in length and 10 feet in width". VOICE VOTE on the motion carried 5-0. 3 Regular City Council Meeting June 28, 1989 Page 4 Item F - Request for Community Center L Valensuela/Magana Councilman Oberbeck expressed concern regarding alcoholic beverage use approval at city facilities without proof of age of the permittee. MOTION by Oberbeck/McCarthy I move we direct the City Clerk to add a request for proof of age to the application for the Community Center and Yacht Club for alcoholic beverage use approval. VOICE VOTE on the motion carried 5-0. 89.127 Item J - Cancel 7/5/89 Workshop Councilman Rondeau questioned the cancellation of the July 5, 1989 workshop. The Director of Community Development responded that there were no agenda items scheduled for that meeting. MOTION by McCollum/Oberbeck I move we cancel the July 5, 1989 City Council workshop. VOICE VOTE on the motion carried 5-0. MOTION by Oberbeck/McCollum I move we approve Consent Agenda items B and F. VOICE VOTE on the motion carried 5-0. 7. PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Presentation of Plaque to Former Interim Chief of Police, Earle L. Petty This item was postponed to the July 12, 1989 Regular Meeting. Mayor Votapka urged attendance at the July 6, 1989 meeting of Citizens for North County Education. 4 Regular City Council Meeting June 28, 1989 Page 5 8. PUBLIC HEARING, FINAL ACTION 89.104 ORDINANCE NO. O-89-14 - Rezoning Lots 1-9, Block 208, Unit 10, SH AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING CERTAIN PROPERTY IN THE CENTRAL AREA OF THE CITY, APPROXIMATELY 2.08 ACRES MORE OR LESS LOCATED ON THE SOUTH SIDE OF THE RIGHT-OF-WAY OF ROSEBUSH TERRACE FROM RS-10 TO PS (PUBLIC SERVICE); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE (lst Reading 6/14/89, Advertised 6/16/89, Public Hearing 6/28/89) Attorney Nash read Ordinance No. O-89-14, for the second time, by title only. Mayor Votapka opened the public hearing at 7:22 p.m. The Director of Community Development explained the rezoning and stated that there was one letter of objection from General Development Corporation. Mayor Votapka read the letter from General Development Corporation dated June 28, 1989. (see attached) Gil Swiger, 667 Wallace Street, Sebastian, urged Council to consider private property owners' rights. Mayor Votapka closed the public hearing at 7:29 p.m. MOTION by McCarthy/Rondeau I move we adopt Ordinance No. O-89-14 as read by the City Attorney, for the second time, by title only. ROLL CALL: Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye MOTION CARRIED 5-0. 5 Regular City Council Meeting June 28, 1989 Page 6 9. PUBLIC INPUT Mayor Votapka opened the public input at 7:32 p.m. 89.129 A. George Metcalf - Model Stormwater Management Ordinance (No Backup) George Metcalf, 425 Pine Street, Sebastian, discussed a model stormwater management ordinance which said he would present to staff for their review. B. Other Public Input on Agenda Items Ruth Paasch, 219 Cedar Street, Sebastian, objected to the proposed dismissal of Cutler & Stanfield. John Evans, Citizens Airport Watch legal counsel, 11155 Roseland Road, Roseland, presented three letters dated June 27, 1989 regarding the groups opinion of 1) Proposal to dismiss Eliot Cutler; 2) Proposal for Airport Hotline; and 3) Proposal for City-Initiated Declaratory Relief Action. (see attached) Mayor Votapka closed the public input at 7:50 p.m. 10. COMMITTEE REPORTS/RECOMMENDATIONS Councilman McCollum reported on the Economic Development Council meeting of June 27, 1989. Vice Mayor McCarthy said the next Indian River County Transportation Planning Committee meeting will be held on July 12, 1989. 11. OLD BUSINESS 89.105 Councilman Rondeau ~ Airport Complaint Line (No Backup) MOTION by McCarthy/Rondeau I move we adhere to the memo from Cutler & Stanfield dated June 27, 1989 and adopt a hotline at City Hall for the Sebastian Municipal Airport with expenses %o come from the Airport Enterprise Fund. Discussion took place on the feasibility of a twenty four hour hotline in City Hall. 6 Regular City Council Meeting June 28, 1989 Page ? ROLL CALL: Councilman Rondeau - aye Mayor Votapka - nay Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - nay MOTION CARRIED 3-2 (Votapka, Oberbeck - nay) 89.107 Planning ~ Zoning Commission Recommendation Re: Mobile Home Districts (Staff Recommendation dated 6/1/89, Memo from Director of Community Development dated 6/1/89) The Director of Community Development said approval of the request would result in amendment of the Land Development Code to allow manufactured homes in RMH and PUD-MH districts; that all prefabricated homes in the RMH district be 5 years of age or newer; require skirting; and that the minimum square footage be increased to 900. MOTION by Oberbeck/McCollum I move we instruct the City Attorney to draft an ordinance to amend the Land Development Code as stated in the Director of Community Development's memo to City Council dated June 1, 1989. ROLL CALL: Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - aye MOTION CARRIED 5-0. 89.095 C. Resolution No. R-89-39 ~ Airport Regulations (Previously Airport Information Pamphlet) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR THE ADOPTION OF VOLUNTARY AIRPORT NOISE ABATEMENT RULES; DIRECTING THE CITY MANAGER TO IMPLEMENT THE PUBLICIZING OF THE VOLUNTARY AIRPORT NOISE ABATEMENT RULES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting June 28, 1989 Page 8 Attorney Nash explained that City Council, this evening, had received a new draft of the resolution which had been provided to the FAA, who stated no objection and concurred with the recommendation for amendment submitted by Councilman Rondeau. MOTION by McCarthy/Oberbeck I move we adopt Resolution NO. R-89-39 with the addition of a new number 11 as submitted by Councilman Rondeau as follows: "11. All aircraft using Sebastian Airport airspace are requested to monitor standard unicom frequency 122.8 MHz at all times." and the renumbering of the current number 11 to number 12. Attorney Nash read Resolution No. R-89-39 by title only. ROLL CALL: Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye MOTION CARRIED 5-0. Vice Mayor McCarthy requested that the City Manager notify the flight training schools of the new policy. 12. NEW BUSINESS 89.128 Airport Funding Expenditures Re: Master Plan and Proposed Planning Study (City Manager Recommendation dated 6/20/89, Memo from City Manager dated 6/20/89) MOTION by McCollum/McCarthy I move we authorize payment to Post, Buckley, Schuh & Jernigan in the amount of $10,120.50 for preparation of the Airport Master Plan. ROLL CALL: Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye MOTION CARRIED 5-0. 8 Regular City Council Meeting June 28, 1989 Page 9 Mayor Votapka called recess at 8:30 p.m. and reconvened the meeting at 8:42 p.m. Ail members present at recess were present at recall. 13. MAYOR'S MATTERS MOTION by Oberbeck/McCollum I move we bring to the floor for discussion, at the request of Mayor Votapka, authorizing the City Attorney to file a brief to seek a declaratory judgment on airport charter amendments. Councilman Oberbeck announced that he had been informed that a writ of mandamus would be filed by Attorney Burney Carter the next morning, therefore it would be unnecessary for the city to seek a declaratory judgment at this time. ROLL CALL: Councilman Oberbeck - nay Councilman Rondeau - nay Mayor Votapka - nay Vice Mayor McCarthy - nay Councilman McCollum - nay MOTION FAILED. 14. COUNCIL MATTERS A. Vice Mayor McCarthy Vice Mayor McCarthy stated that money being used for current airport matters is from the airport enterprise fund and not from advalorem taxes or the general fund. B. Councilman McCollum None. C. Councilman Oberbeck 89.003 1. Dismiss Eliot Cutler (No Backup) Councilman Oberbeck read a prepared statement and made the following motion: MOTION by Oberbeck I move we dismiss special counsel for the airport, the firm of Cutler & Stanfield, and enter into negotiations as a city body with the FAA. Regular City Council Meeting June 28, 1989 Page 10 MOTION died for lack of a second. D. Councilman Rondeau Councilman Rondeau discussed a letter from AOPA dated June 21; 1989 and requested that Council, staff and flight training schools meet to try to obtain cooperation from the schools. Mayor Votapka suggested that Council review the letter and place it on the July 12, 1989 Regular Meeting agenda. 15. CITY ATTORNEY MATTERS 16. Attorney Nash announced that Attorney Robert Orr, Port St. Lucie, had advised him that General Development Corporation had dismissed its suit against Port St. Lucie; that he would be at the Florida Municipal Attorneys Association meeting during the August 2, 1989 Council workshop, therefore, Attorney Vincent Torpy would attend in his absence; and that he would like Council to consider Attorney Torpy as Assistant City Attorney. With the concurrence of Council, Attorney Nash said he would revise the City Attorney contract and bring it back as an agenda item. CITY MANAGER MATTERS At the request of the Director of Community Development, a tentative schedule was established for Comprehensive Land Use Plan as follows: Wednesday, July 19 @ 7:00 p.m. - Joint workshop with Planning and Zoning Thursday, July 27 @ 7:00 p.m. - joint workshop with Planning and Zoning Wednesday, August 9 @ 7:00 p.m. (Regular Meeting) - 1st reading Wednesday, August 23 @ 7:00 p.m. (Regular Meeting) - 1st public hearing MOTION by Rondeau/McCollum I move we adjourn the meeting. VOICE VOTE on the motion carried 5-0. 17. Mayor Votapka adjourned the meeting at 9:15 p.m. 10 Regular City Council Meeting June 28, 1989 Page 11 Approved at the July 12 1989 Regular Counc~il Meeting. 11 itizens/ irport i/I/atch of Sebastian, Inc. June ~7, 1989 The Honorable Richard Votapka, Mayor, and Other Council Members City of Sebastian 1225 Main Street Sebastian, Florida 32958 Hand Delivered Proposal to dismiss Eliot Cutler. Dear Mayor Votapka and City Councilmen~ The City wisely chose Eliot Cutler, one of the finest U.S. aviation lawyers, to represent it in the complex legal situation surrounding the airport. Now one councilman proposes to dismiss Cutler. CAW is disappointed at this proposal and we strongly urge the Council to vote against it. It is not to demean Mr. Nash to say that the subtleties of aviation law are not familiar to him. Even before the referendum passed, Mr. Nash was compelled to turn to outside counsel for assistance. If the City dismisses Eliot Cutler~ to whom will it turn for legal advice? To date the City has invested substantially in Curler's preparations and representation of the City. The proposal to discharge him is, at best, penny wise and pound foolish. The City's investment should not be wasted in a thinly disguised attempt by Councilman Overbeck to throw in the towel. From the beginning, Councilman Overbeck opposed the. referen- dum limiting airport noise and unfettered growth. He masquerades now as a concerned taxpayer and right-thinking public servant. In reality, he is continuing to push his own agenda. The implication that Cutler is costing the City's taxpayers is demagoguery. His bill is paid by the airport enterprise fund (current balance: $225,000 and more nontax revenues bein~ added all the time). This fund is not fed by City taxes and it can ~!~ be used to benefit the airport. It is proper that the airport fund pay the legal fees and a small share of the plannin~ costs to put the airport in harmony with the rest of the town. If these funds help solve the airport problem~ the money is well spent. The airport is a long-term problem. The cost of and the need fop Eliot Curler's expertise must be amortized over the life of the problem, not judged with the narrow, shortsighted perspective of those advancing this proposal. Barrin~ the unexpected, most of the legal costs have already been incurred until the City engages in actual negotiations. We urge you to retain Cutler and Bran- field. Very truly yours~ Robert A. Quick, Presi en P.O. Box 780603 · Sebastian, Florida · 32978-0603 June 2?, 1989 Citizens .]l[irport I/I/atch of Sebastian, Inc. The Honorable Richard Votapka, Mayor-, and Other Council Members City of Sebastian lPP5 Main St peet Sebastian, Florida 32958 Re: Proposal for Airport Hotline. Hand Delivered Dear Mayor Votapka and City Councilmen: CAW supported the recently signed Standstill agreement be- tween FAA and the City, but our endorsement was not unconditional. For one thing, CAW Mequested a City Airport Hotline to log citizen airport complaints. We were surprised and dismayed when the City designated the hotline as a telephone at J & S Aviation~ the business of John Van Antwerp. This defeats the purposes of a hotline. Although he is the City Airport Manager, Mr. Van Antwerp is a well-known, committed and long-standing partisan in the airport controversy who has consistently opposed citizen concerns over airport expansion and noise. There are several reasons why the purposes of the hotline are defeated by placing Mr. Van Antwerp in charge: * His partisanship raises serious concern about - the accuracy of any records of complaints made to him and - the disposition and safekeeping of the com- plaints. * It is doubtful that people will call. Knowing of Mr. Van Antwerp's partisanship, they will feel there is no use to complain. In the few days since the hotline has been at J & S Aviation there are already examples of how citizens are treated by Mr. Van Antwerp. Don Smithmyer called to complain about continued engine- out maneuvers over his house. Mr. Van Antwerp told him to move, if he wasn't happy. When Bob Paasch called about excessive air- plane noise, he was treated to an hour long diatribe. That*s no way to run a hotline and Mr. Van Antwerp is clearly not the person to do it. We request that the Airport Hotline be at City Hall with a telephone recording device monitored by an employee without a vested interest in the airport and that a detailed written record of each complaint be maintained. Very truly yours, Robert A. Quick, President P.O. Box 780603 · Sebastian, Florida ·T"...~.)78-0603~ Citizens .]l[irport of Sebastian, Inc. June 26, 1989 The Honorable Richard Votapka, Mayor, and Other Council Members City of Sebastian 1225 Main Street Sebastian, Florida 32958 Hand Delivered Re: Proposal for City-Initiated Declaratory Relief Action. Dear Mayor Votapka and City Councilmenl Before you attempt to initiate a declaratory relief action against the March 14th Charter Amendment, Citizens Airport Watch urges you to reconsider. This action would be ill-advised and would undermine the standstill agreement so laboriously worked out between the City and FAA. Eliot Cutler, one of the finest U.S. aviation lawyers, advises that the March 14th Charter Amendment is legal and defen- sible. Curler's opinion is at least partially affirmed by FAA's presence and posture before you. We remind you that the provisions of the amendment are sever- able and that FAA is not significantly troubled by some of them. On what basis will you attack the Amendment? Which part will you attack? Would such an attack uphold your oath of office? Under its recent standstill agreement, an FAA-financed study for the airport will be conducted by the City. Its purpose is to plan for the airport's future in harmony with the rest of the City. For the first time, this gives the possibility of laying the airport i~sue to rest. Why would you jeopardize that? The proposed declaratory relief action i~ ill-conceived in other respects. * Courts render judgements in actual cases involving actual adversaries. They don~t render advisory opin- ions. Who is your adversary? Who will you sue? Your own electors? * If you succeed in getting into Court, what will keep FAA, AOPA, GAMA, PAC, Steve Johnson, et al, from sl~o coming into Court? Because they cannot ri~k an adverse Court decision, self-interest will compel them to join. You will cause the very litigation you seek to avoid. CAW urges to reconsider before taking this course. Very truly yours, Pres t dent P.O. Box 780603 · Sebastian, Florida · 32978-0603 Villages of Sebastian I{ighlands A (3~n~ml [')n¥¢.lopmo. r~t Corr~or,.qliorl Comrnur~ity I;>,I3{~()Uli{ S 1 Dear Sebastian City Council Members: (4of__) "HAND DELIVERED" AS record owner of Lot 4, Block 208, Unit 10 we wish to go' on record objecting to the proposed rezoning of Lots 1 through 9, Block 208, Unit 10 from RS-10 to PS. Sincerely, / George ~R; Kul~zy i . Director of Community Operations GR~/sr