PUBLISHED September 25, 2014 AND POSTED AT PARISH COMPLEX BY September 29, 2014
AGENDA
ST. TAMMANY PARISH COUNCIL MEETING
2014-10-02 AT 6:00PM
ST. TAMMANY GOVERNMENT COMPLEX
21490 KOOP DRIVE, MANDEVILLE, LA.

Call to Order by Honorable R. Reid Falconer, AIA, Chairman
Invocation by
Pledge of Allegiance by
Roll Call:
Marty Dean
Dennis Sharp
James A. (Red) Thompson
Martin W. Gould, Jr.
Richard E. Tanner
Jacob (Jake) Groby
R. Reid Falconer, AIA
Chris Canulette
E. L. Gene Bellisario
Maureen O'Brien
Steve Stefancik
Jerry Binder
Richard Artigue
Thomas (T.J.) Smith, Jr.

PRESENTATIONS

1. Presentation by The St. Tammany Parish Fair Association. (Tanner)

2. Proclamation declaring the week of October 5 through October 11, 2014 as "Mental Illness Awareness" week.

3. Proclamation declaring the week of October 27 through October 31, 2014 as St. Tammany’s "Red Ribbon" week. (Brister)

4. Proclamation declaring Friday, November 7, 2014 as "Black and Gold Day" to benefit the Children’s Museum of St. Tammany. (Brister)

5. Presentation of funds to the Children’s Wish Endowment raised by Parish employees through the Friday Jean Day Program. (Brister)

6. Certificate of Recognition to St. Joseph Abbey for 125 years of service to St. Tammany Parish. (Sharp)

7. Certificates of Recognition to four (4) Eagle Scouts from Troop 310. (Gould)

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CONSENT CALENDAR
(PAGES 2 THROUGH 4)

Any items not pulled from the Consent Calendar are automatically approved in whole by one vote. Items pulled from the Consent Calendar are discussed and voted upon individually.

MINUTES

Regular Council Meeting - September 4, 2014

Special Council Meeting - September 24, 2014

Council Committee Meeting - September 24, 2014

ORDINANCES FOR INTRODUCTION
(Public Hearing November 6, 2014 )

1. Ord. Cal. No. 5277 - Ordinance to amend Ordinance C.S. Nos. 00-0174, 05-1049, 05-1199 and 14-3167 to provide for amendments to the Personnel Policies pertaining to benefits, annual leave and sick leave. (Falconer/Brister)

2. Ord. Cal. No. 5278 - Ordinance establishing a No-thru Trucks Zone on Brewster Road, between Louisiana Highway1077 and Louisiana Highway 1085. (Ward 1, District 1) (Dean)

3. Ord. Cal. No. 5279 - Ordinance concurring in the De-annexation Ordinance of the City of Covington, describing the area to be annexed into the unincorporated Parish of St. Tammany and the new boundaries thereof. (Ward 1, District 1). (Falconer/Brister)

4. Ord. Cal. No. 5280 - Ordinance to declare Lot 2, Square C, Lakeshore Village Subdivision (3714 Riviera Drive, Slidell) as surplus tax-adjudicated property and authorize the donation of said property to the City of Slidell. (Ward 9, District 12) (Falconer/Brister)

5. Ord. Cal. No. 5281 - Ordinance amending the Official Parish Zoning Map to reclassify 20.145 acres located north of I-12, west of Holiday Square Blvd., South of Versailles Subdivision to PUD (Planned Unit Development Overlay). (Ward 3, District 5) (ZC08-01-007) (Falconer/Brister)

6. Ord. Cal. No. 5282 - Ordinance establishing a No-thru Trucks Zone on Albert Thompson Road (2-H-2). (Ward 2, District 3) (Thompson)

7. Ord. Cal. No. 5283 - Ordinance to revoke Powerline Road right-of-way located north of LA Highway 40, northwest of Bush, Louisiana. (Ward 5, District 6) (Falconer/Brister)

8. Ord. Cal. No. 5284 - Ordinance to amend the Parish Code of Ordinances, Chapter 2 (Administration), Section 2-009.00, Parish Fees and Service Charges to include the Tree Bank Program Fee Formula. (Falconer/Brister)

9. Ord. Cal. No. 5285 - Ordinance amending the Official Parish Zoning Map to reclassify 40,000 square feet located on the east of Trap Street, South of Francis Street, North of Bobby Jones Blvd. from A-3 (Suburban District) to A-3 (Suburban District) and MHO (Manufactured Housing Overlay). (Ward 6, District 10) (ZC14-09-083) (Falconer/Brister)

10. Ord. Cal. No. 5286 - Ordinance to amend the 2014 Operating Budget - Amendment No. 9. (Falconer/Brister)

11. Ord. Cal. No. 5287 - Ordinance amending the Official Parish Zoning Map to reclassify 0.886 acre located south of Hickory Drive, west of Highway 41 from A-2 (Suburban District) to ED-1 (Primary Education District). (Ward 6, District 11) (ZC14-09-078) (Falconer/Brister)

12. Ord. Cal. No. 5288 - Ordinance to amend the Parish Unified Development Code, Volume 1 (Zoning), Section 7, Supplemental District Regulations relative to adding a section to establish the Tree Bank Program. (ZC14-09-085) (Falconer/Brister)

13. Ord. Cal. No. 5289 - an Ordinance to Correct the Road & Drainage Inventory to include an extension of Thomas Cyprian Road. (Ward 2, District3) (Falconer/Brister)

14. Ord. Cal. No. 5290 - Ordinance to amend the Parish Code of Ordinances, Chapter 15, Section 15-617, Regulation of Fireworks to allow for the sale of fireworks in the unincorporated area of Council District 7, and to provide for repeal, severability and date of enactment. (Groby)

15. Ord. Cal. No. 5291 - Ordinance to amend the Parish Unified Development Code, Volume I (Zoning), Section 6.01, Planned Unit Development Overlay relative to open space & major amendment to the PUD (ZC14-08-075). (Falconer/Brister)

RESOLUTIONS

1. Resolution C.S. No. C-4185 - Resolution to amend Ordinance C.S. No. 13-3052 - Grant Awards. (Falconer/Brister)

2. Resolution C.S. No. C-4186 - Resolution to support and authorize the Parish President to formally request the Louisiana Department of Transportation and Development, Division of Aviation, to provide funds to complete the airport improvements at St. Tammany Regional Airport, as specifically described in the Capital Improvement Application for State Financial Assistance dated September 8, 2014. (Falconer/Brister)

3. Resolution C.S. No. C-4187 - Resolution to acknowledge the authority, pursuant to Home Rule Charter, Sections 1-04, 1-06, 3-01 and 3-09, of the Parish President to execute a Cooperative Endeavor Agreement with the Justices of the Peace of St. Tammany Parish for use of space in the Parish Administrative Complex for holding of Litter Court. (Falconer/Brister)

4. Resolution C.S. No. C-4188 - Resolution to acknowledge the authority, Pursuant to Home Rule Charter, Sections 1-04, 1-06, 3-01 and 3-09, of the Parish President to execute a Cooperative Endeavor Agreement with the Constables of St. Tammany Parish for usage of the litter enforcement vehicles and for administrative assistance. (Falconer/Brister)

5. Resolution C.S. No. C-4189 - Resolution to Acknowledge the authority, Pursuant to Home Rule Charter, Sections 1-04, 3-01 and 3-09, of the Parish President to execute a Cooperative Endeavor Agreement with St. Luke the Evangelist Roman Catholic Church, Slidell, Louisiana, Inc. for an emergency wellness program. (Falconer/Brister)

6. Resolution C.S. No. C-4190 - Resolution to acknowledge the receipt and review of the 2014 Municipal Water Pollution Prevention Environmental Audit Report for the Highway 22 Wastewater Treatment Facility. (Falconer/Brister)

7. Resolution C.s. No. C-4191 - Resolution establishing Performance and Warranty Obligations. (Falconer/Brister)

8. Resolution C.S. No. C-4192 - Resolution to amend Ordinance C.S. No. 13-3052 to make changes to the Capital Improvements List - District 3. (Fund 303) (Falconer/Brister)

9. Resolution C.S. No. C-4193 - Resolution to amend Ordinance C.S. No. 13-3052 to make changes to the Capital Improvements List - Parishwide. (Fund 300) (Falconer/Brister)

10. Resolution C.S. No. C-4194 - Resolution to amend ordinance C.S. No. 13-3052 to Make changes to the Capital Improvements List - Justice Center Capital. (Fund 337) (Falconer/Brister)

11. Resolution C.S. No. C-4195 - Resolution to amend Ordinance C.S. No. 13-3052 to make changes to the Capital Improvements List - Utility Operations. (622-95) (Falconer/Brister)

12. Resolution C.S. No. C-4196 - Resolution to amend Ordinance C.S. No. 13-3052 to make changes to the Capital Improvements List - District 7. (Fund 307) (Falconer/Brister)

13. Resolution C.S. No. C-4197 - Resolution to amend Ordinance C.S. No. 13-3052 to make changes to the Capital Improvements List - District 9. (Fund 309)

END OF CONSENT CALENDAR
APPEALS

1. Barbara Dodds appealing the Zoning Commission APPROVAL on September 2, 2014 to amend the Parish Code regarding Boat Houses and Boat Slips to increase the permitted size of boat houses. (ZC14-09-077)
NOTE: To concur with Zoning APPROVAL, a simple majority vote is required and introduction of a ordinance.
   
NOTE: To override Zoning APPROVAL, a majority vote of the entire Council is required and adoption of a resolution.


2. Cherie Munster appealing the Zoning Commission APPROVAL on September 2, 2014 to rezone 1.7 acres located east of Highway 190, south of Kane Lane, being 7037 Highway 190, Covington from HC-2 (Highway Commercial District) to HC-2-A (Highway Commercial District). (Ward 4, District 5) (ZC14-09-079) (Applicant: Matt Bennett)
NOTE: To concur with Zoning APPROVAL, a simple majority vote is required and introduction of a ordinance.
   
NOTE: To override Zoning APPROVAL, a majority vote of the entire Council is required and adoption of a resolution.


3. Bill Magee, representing Darling Design Homes, appealing the Zoning Commission DENIAL on September 2, 2014 to rezone 6.2 acres located north of Destin Street, west of Albert Street from A-3 (Suburban District) to A-4-A (Single-Family Residential District). (Ward 4, District 7) (ZC14-09-084)
NOTE: To concur with Zoning DENIAL, a simple majority vote is required and adoption of a resolution.
   
NOTE: To override Zoning DENIAL, a majority vote of the entire Council is required and introduction of an ordinance.


4. Jack and Dean Hopper appealing the Zoning Commission DENIAL on September 2, 2014 to rezone 0.46 acre located south of Eden Street, east of Industry Park, west of Nursery Street from A-4 (Single-Family Residential District) to I-2 (Industrial District). (Ward 3, District 2) (ZC14-09-082)
NOTE: To concur with Zoning DENIAL, a simple majority vote is required and adoption of a resolution.
   
NOTE: To override Zoning DENIAL, a majority vote of the entire Council is required and introduction of an ordinance.


ORDINANCES FOR ADOPTION
(Public Hearing)


1. Ord. Cal. No. 5170 - Ordinance to amend the St. Tammany Parish Unified Development Code, Volume 1 (Zoning) Section 5.27 MD-1 (Medical Residential District), Section 5.28 MD-2 (Medical Clinic District), and Section 5.29 MD-3 (Medical Facility District) relative to buffer, setback, and height regulation. (ZC-14-02-019) (Introduced 3/6/14) (Postponed 4/3/14, 5/1/14 and 6/5/14) (Ordinance was Postponed to the September meeting on 7/10/14) (Postponed 9/4/14)

2. Ord. Cal. No. 5172 - Ordinance to amend and reenact Section 3-164.00 Location Restrictions of the Alcoholic Beverage Regulations under Article VII - All Wards. (Introduced 4/3/14) (Postponed 5/1/14 and 6/5/14) (Ordinance was Postponed to the September meeting on 7/10/14) (Postponed 9/4/14)

3. Ord. Cal. No. 5199 - Ordinance to amend the Parish Code, Appendix C, Unified Development Code, Article 7 Supplemental District Regulations, Section 7.06 Accessory Buildings and Structures, 7.0602 Boat Houses and Boat Slips to increase the permitted size of boat houses. (Introduced 6/5/14) (Ordinance was Postponed to the September meeting on 7/10/14) (Postponed 9/4/14)

4. Ord. Cal. No. 5208 - Ordinance amending the official Parish Zoning Map to reclassify 2.03 acres located on the northwest corner of Meadows Blvd. & Airport Road from A-4 (Single-Family Residential District) to PF-1 (Public Facilities District). (Ward 9, District 11). (ZC14-05-042) (ZC approved 5/6/14) (Introduced 6/5/14) (Postponed 7/10/14, 8/7/14 and 9/4/14)

5. Ord. Cal. No. 5237 - Ordinance to amend Parish Code, Appendix B, Chapter 40 Subdivision Regulatory Ordinance No. 499, Section 40-032.04 relative to roadway elevation for residential and commercial subdivisions. (Introduced 8/5/14) (Postponed 9/4/14)

 6. Ord. Cal. No. 5255 - Ordinance to extend for six (6) months the moratorium on the issuance of permits for construction or placement of non-single family residential building structures on property within a portion of Voting Precinct 310, north of Abita River. (District 5) (Introduced 9/4/14)

7. Ord. Cal. No. 5256 - Ordinance to extend for six (6) months the moratorium on the issuance of permits for construction, or placement of building structures on any properties within unincorporated St. Tammany Parish within five hundred (500) feet of the centerline on either side of Hwy 1088 from Soult Street to I-12. (Ward 4, Districts 5 & 7) (Introduced 9/4/14)

8. Ord. Cal. No. 5257 - Ordinance to extend for an additional six (6) months the moratorium on the issuance of permits for construction or placement of building structures on property within certain portions of Highland Park Subdivision. (District 12) (Introduced 9/4/14)

9. Ord. Cal. No. 5258 - Ordinance establishing a No Parking on Pavement Zone on portion of Bon Temps Roule. (Ward 4, District 4) (Introduced 9/4/14)

10. Ord. Cal. No. 5259AA - Ordinance to amend the St. Tammany Parish Code of Ordinances, Chapter 2, Article III, Section 2-030.00 relative to Parish Council salaries. (Introduced 9/4/14

11. Ord. Cal. No. 5260 - Ordinance amending the official Parish Zoning Map to reclassify 2 acres located east of Fuschia Street, south of Harrison Avenue from A-2 (Suburban District) to PF-1 (Public Facilities District). (Ward 3, District 5) (ZC14-08-074) (ZC approved 8/5/14) (Introduced 9/4/14)

12. Ord. Cal. No. 5261 - Ordinance amending the official Parish Zoning Map to reclassify 2.210 acres located at the northeast corner of Highway 190 Service Road East & Bodet Lane from HC-2 (Highway Commercial District) to HC-2A (Highway Commercial District). (Ward 4, District 5) (ZC14-08-072) (ZC approved 8/5/14) (Introduced 9/4/14)

13. Ord. Cal. No. 5262 - Ordinance amending the official Parish Zoning Map to reclassify 1.54 acres located at the southeast corner of Highway 190 Service Road East & Bodet Lane from HC-2 (Highway Commercial District) to HC-2A (Highway Commercial District). (Ward 4, District 5) (ZC14-08-071) (ZC approved 8/5/14) (Introduced 9/4/14)

14. Ord. Cal. No. 5263 - Ordinance amending the official Parish Zoning Map to reclassify 0.37 acres located east of Oak Avenue, south of Sycamore Street, being 57370 Oak Avenue Slidell from A-4 (Single-Family Residential District) to A-4 (Single-Family Residential District) & MHO (Manufactured Housing Overlay).  (Ward 8, District 14) (ZC14-08-069) (ZC approved 8/5/14) (Introduced 9/4/14)

15. Ord. Cal. No. 5264 - Ordinance amending the official Parish Zoning Map to reclassify 4.87 acres located south of Willie Garrett Road, west of LA Highway 450, being 11630 Willie Garrett Road, Folsom from A-1 (Suburban District) to A-2 (Suburban District). (Ward 2, District 3) (ZC14-08-066) (ZC approved 8/5/14) (Introduced 9/4/14)

16. Ord. Cal. No. 5265 - Ordinance amending the official Parish Zoning Map to reclassify 4.906 acres located at the northwest corner of Shelby Road & Section Road from A-1 (Suburban District) to A-2 (Suburban District). (Ward 2, District 6) (ZC14-08-065) (ZC approved 8/5/14) (Introduced 9/4/14)

17. Ord. Cal. No. 5266 - Ordinance amending the official Parish Zoning Map to reclassify4.736 acres located at the end of Okeefenokee Road, east of LA Highway 41 from A-2 (Suburban District) to A-2 (Suburban District) & MHO (Manufactured Housing Overlay). (Ward 8, District 6) (ZC14-08-064) (ZC approved 8/5/14) (Introduced 9/4/14)

18. Ord. Cal. No. 5267 - Ordinance amending the official Parish Zoning Map to reclassify 0.8535 acres located north of Highway 36, east of St. Landry Street, Garland's Covington & Claiborne Addition from NC-4 (Neighborhood Institutional District) to HC-2 (Highway Commercial District). (Ward 3, District 2) (ZC14-08-062) (ZC approved 8/5/14) (Introduced 9/4/14)

19. Ord. Cal. No. 5268 - Ordinance establishing a speed limit of 20 MPH on all roads withing Tallow Creek Subdivision. (Ward 1, District 3) (Introduced 9/4/14)

20. Ord. Cal. No. 5269 - Ordinance to authorize the Parish President to accept the Act of Dedication and Donation for River Chase Drive for use as a public street, from Maurmont Properties, L.L.C. and further for the Parish to incorporate the dedicated property into the maintenance system. (Ward 1, District 1) (Introduced 9/4/14)

21. Ord. Cal. No. 5270 - Ordinance to correct the Road & Drainage Inventory to include Milton Craddock Road Lateral; Pheasant Lane Lateral; Highway 190 Lateral; Harrison Avenue Pond; Riverside Drive Lateral; House Road Lateral, and Rapatel Street . (Wards 3, 4 & 6) (Districts 2, 3, 5, 6 & 7) (Introduced 9/4/14)

22. Ord. Cal. No. 5271 - Ordinance to amend the 2014 Operating Budget - Amendment No. 8. (Introduced 9/4/14)

23. Ord. Cal. No. 5272 - Ordinance to establish a Geographic Information System District in St. Tammany Parish. (Introduced 9/4/14)

24. Ord. Cal. No. 5273 - Ordinance amending Ordinance 12-2801, adopted August 2, 2012, a Memorandum of Understanding between the Louisiana Department of State, Office of the Secretary of State, St. Tammany Parish Government, and the St. Tammany Parish Registrar of Voters Office to reflect a physical address change of the established early voting location. (Introduced 9/4/14)

25. Ord. Cal. No. 5274 - Ordinance amending the official Parish Zoning Map to reclassify 1.89 acres located at the northeast corner of Highway 36 and St. Landry Street, Garland Addition to the Town of Claiborne from NC-4 (Neighborhood Institutional District) to HC-2 (Highway Commercial District). (Ward 3, District 2) (ZC14-08-073) (Introduced 9/4/14)

26. Ord. Cal. No. 5275 - Ordinance amending the official Parish Zoning Map to reclassify 0.43 acre located on the northeast corner of Highway 40 and Highway 41, being 81718 Highway 41, Bush from NC-4 (Neighborhood Institutional District) to HC-1 (Highway Commercial District). (Ward 5, District 6) (ZC14-08-067) (Introduced 9/4/14)

27. Ord. Cal. No. 5276 - Ordinance amending the official Parish Zoning Map to reclassify 4.83 acres located east of Apple Pie Ridge Road, south of US Highway 190 East, being 54262 Apple Pie Ridge Road, Slidell from A-1 (Suburban District) to CB-1 (Community Based Facilities District). (Ward 8, District 13) (ZC14-08-068) (Introduced 9/4/14)

APPOINTMENTS

1. Resolution to appoint Mark Files to replace Stacy Quavas (resigned) on the Board for St. Tammany Parish Recreation District No. 6. (Tanner)

2. Resolution to appoint Larry O’Berry to replace Richard Singletary (resigned) on the Board for St. Tammany Parish Gravity Fire Protection District No. 7. (Tanner)

3. Resolution to appoint Dr. Charles Preston to the Community Action Agency Advisory Board. (Parishwide) (Bellisario)

DISCUSSIONS AND OTHER MATTERS

1. Motion to authorize the Parish Department of Development to submit a plan for the Highway 59 Special Study Area to the Zoning Commission for implementation. (Gould)

2. Motion to refer to Zoning Commission for recommendation the proposed re-zoning of 4.93 acres located in Section 34, Township 8 South, Range 14 East from its current zoning HC-2 (Highway Commercial District) to A-4 (Single Family Residential District) Ward 9, District 14. (Smith)

3. Motion to refer to Zoning Commission for recommendation the proposed re-zoning of 49.21 acres located in Section 23, Township 8 South, Range 14 East from its current zoning I-4 (Heavy Industrial District) to A-4 (Single Family Residential District) Ward 8, District 14. (Smith)

EXECUTIVE SESSION

1. St. Tammany Parish Government v. James H. Welsh, Commissioner of Conservation. 19th JDC for the Parish of East Baton Rouge, Docket No. 631370.