PUBLISHED August 27, 2015 AND POSTED AT PARISH COMPLEX BY August 31, 2015
AGENDA
ST. TAMMANY PARISH COUNCIL MEETING
2015-09-03 AT 6:00PM
ST. TAMMANY GOVERNMENT COMPLEX
21490 KOOP DRIVE, MANDEVILLE, LA.

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

SPECIAL ITEMS

1. Ord. Cal. No. 5430 - Ordinance amending and re-enacting the St. Tammany Parish Home Rule Charter, subject to approval by the electorate of St. Tammany Parish; and otherwise providing with respect thereto. (Introduced August 6, 2015)

2. Resolution C.S. No. 4408 - Resolution ordering and calling a special election to be held Parishwide in the Parish of St. Tammany, to submit to the electorate of the Parish a proposition for amendments to the St. Tammany Parish Home Rule Charter in accordance with Ord. Cal. No. 5430, adopted September 3, 2015; and which authorizes the submission of an application to the Louisiana State Bond Commission for consent and authorization to hold the aforesaid election. (Dean)

PRESENTATIONS

1. Presentation of Proclamation to St. Tammany Parish Government Employee of the Month. (Brister)

2. Presentation of Certificates of Recognition to three Eagle Scouts. (Brister/Binder)

3. Presentation of Certificate of Recognition to Robert Jones for achieving the rank of Eagle Scout. (Bellisario)

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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 - August 6, 2015

Council Committee Meeting - August 26, 2015

ORDINANCES FOR INTRODUCTION
(Public Hearing October 1, 2015 )

1. Ord. Cal. No. 5450 - Ordinance to amend Ordinance Council Series Number 12-2660 to establish a No Parking Zone on portions of Queen Anne Drive, Raleigh Drive, and Drury Lane in Huntwyck Village Subdivision. (Ward 9, District 14) (Tanner/Brister)

2. Ord. Cal. No. 5451 - Ordinance authorizing the Parish President to enter into a Servitude Agreement with AT&T for placement of communications equipment at the Soult Street Well Site. (Ward 4, District 7) (Tanner/Brister)

3. Ord. Cal. No. 5452 - Ordinance to amend Parish Code, Section 16-151.00 (a), Section 16-160.01(a), and Section 16-031.02 with regard to the provision and the consumption of alcoholic beverages at Camp Salmen, the Fishing Pier, and the Tammany Trace. (Tanner/Brister)

4. Ord. Cal. No. 5453 - Ordinance to correct the Road & Drainage Inventory to include Robert Bush Road Lateral; Watts Thomas Road Lateral; Oak Knoll Road Lateral and an extension of Third Avenue. (Wards 3, 5, 6 & 10) (Districts 5 & 6) (Tanner/Brister)

5. Ord. Cal. No. 5454 - Ordinance amending the official Parish Zoning Map to reclassify 1.83 acres located east of Perilloux Road, north of LA Highway 22 from A-4 (Single Family Residential District) to ED-1 (Primary Education District). (Ward 1, District 4) (ZC15-08-061) (ZC approved 8/4/15) (Tanner/Brister)

6. Ord. Cal. No. 5455 - Ordinance amending the official Parish Zoning Map to reclassify 30.03 acres located at the end of Sallie Welch Road, east of LA Highway 434 from A-3 (Suburban District) to A-3 (Suburban District) and MHO (Manufactured Housing Overlay). (Ward 6, District 11) (ZC15-08-062) (ZC approved 8/4/15) (Tanner/Brister)

7. Ord. Cal. No. 5456 - Ordinance amending the official Parish Zoning Map to reclassify 2.86 acres located on the south side of Drewberry Road, west of South Fitzmorris Road, being 11 Dewberry Road, Covington from A-1 (Suburban District) to A-1 (Suburban District) and MHO (Manufactured Housing Overlay). (Ward 3, District 2) (ZC15-08-063) (ZC approved 8/4/15) (Tanner/Brister)

8. Ord. Cal. No. 5457 - Ordinance amending the official Parish Zoning Map to reclassify 1.32 acres located south of 9th Avenue, east of US Highway 190, west of Falconer Drive from HC-1 (Highway Commercial District) and NC-4 (Neighborhood Institutional District) to A-4A (Single Family Residential District). (Ward 3, District 2) (ZC15-08-065) (ZC approved 8/4/15) (Tanner/Brister)

9. Ord. Cal. No. 5458 - Ordinance to amend 2015 Operating Budget - Amendment No. 9. (Tanner/Brister)

10. Ord. Cal. No. 5459 - Ordinance to amend Parish Code, Chapter 20, Roads and Bridges, Article III, Road Lighting Districts, Section 20-204.00 District No. 4 to amend the boundaries thereof. (Tanner/Brister)

RESOLUTIONS

1. Resolution C.S. No. C-4401 - Resolution to concur/not concur with Slidell annexation and rezoning of 2.419 acres located at 2024 Nellie Drive (four (4) parcels 0.499 acres, 0.696 acres, 1.047 acres, and 0.177 acres) from Parish NC-4 (Neighborhood Commercial District) to Slidell C-2 (Neighborhood Commercial District).(Ward 8, District 14) (SL2013-03) (Tanner/Brister) (Postponed 8/6/14)

2. Resolution C.S. No. C-4402 - Resolution to concur/not concur with Slidell Annexation and rezoning of 2.809 acres located at 249 Stone Road from Parish I-2 (Industrial District) to Slidell M-2 (Light Industrial District).(Ward 9, District 14) (SL2015-02) (Tanner/Brister) (Postponed 8/6/14)

3. Resolution C.S. No. C-4406 - Resolution supporting the Keep America Beautiful organization in St. Tammany and establishing a Keep St. Tammany Beautiful Board. (Tanner/Brister)

4. Resolution C.S. No. C-4409 - Resolution to amend Ordinance C.S. No. 14-3426 - Grant Awards. (Tanner/Brister)

5. Resolution C.S. No. C-4410 - Resolution to amend Ordinance C.S. No. 14-3246 - to make changes to the Capital Improvements List - Parishwide (Fund 300), District Roads (Fund 301-314) and Drainage (Fund 316). (Tanner/Brister)

6. Resolution C.S. No. C-4411 - Resolution to amend Ordinance C.S. No. 14-3246 to make changes to the Capital Asset List - Facilities and Capital Assets. (Tanner/Brister)

7. Resolution C.S. No. C-4412 - Resolution to accept ownership of State Route LA 3228 (Asbury Drive) from the State of Louisiana, Department of Transportation and Development, subject to conditions outlined herein and to authorize the Parish President to execute documents necessary to transfer same. (Ward 4, District 5) (Tanner/Brister)

8. Resolution C.S. No. C-4413 - Resolution to certify that St. Tammany Parish shall comply with all requirements of the State of Louisiana Off-system Bridge Replacement Program. (Tanner/Brister)

9. Resolution C.S. No. C-4414 - Resolution to establish load limits on bridges within the Off-system Bridge Replacement Program for St. Tammany Parish, as indicated on the attached Exhibit 'A'; further directing the department of engineering to record same within the records of the Clerk of Court. (Tanner/Brister)

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10. Resolution C.S. No. C-4415 - Resolution to authorize the Parish President to execute an agreement with the Federal Aviation Administration (FAA) for the Runway Rehabilitation Project and Navaids and Air Field Lighting Project. (Tanner/Brister)

11. Resolution C.S. No. C-4416 - Resolution to authorize the Parish President to execute an agreement with the Louisiana Department of Transportation and Development (LADOTD) for improvements at the St. Tammany Regional Airport - Mitigate Obstruction Phase IV. (Tanner/Brister)

12. Resolution C.S. No. C-4417 - Resolution to concur/not concur with the Folsom annexation and rezoning of 0.763 acres located at 83078 Highway 25 from Parish A-3 (Suburban District) to Folsom C2 (Commercial District). (Ward 2, District 3)

13. Resolution C.S. No. C-4418 - Resolution approving the issuance of not exceeding $800,000 of Limited Tax Certificates, in one or more series of St. Tammany Parish Recreation District No.11, State of Louisiana. (Tanner)

14. Resolution C.S. No. C-4419 - Resolution ordering and calling a special election to be held in Parish Road Lighting District No. 17 for the purpose of authorizing the levy and collection of a tax on all property subject to taxation in the District for the purpose of paying utility charges for road lighting and maintaining and operating road lighting facilities and equipment within the District; and further making application to the State Bond Commission for consent and authorization to hold the aforesaid election; and further providing for other matters in connection therewith. (Gould)

END OF CONSENT CALENDAR
APPEALS

1. Rene Waguespack appealing the Zoning Commission APPROVAL on August 4, 2015 of a Major Amendment to the to 16.811 acre PUD (Planned Unit Development) District located at the end of Andrew Drive, east of Hollycrest Lane.(Ward 3, District 5) (ZC13-04-022)
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. Lawrence Haik appealing the Zoning Commission DENIAL on August 4, 2015 to rezone 1.97 acres located north of Highway 190, east of Kay Drive from NC-4 (Neighborhood Institutional District) and A-3 (Suburban District) to HC-2 (Highway Commercial District).(Ward 9, District 11) (ZC15-07-054)
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.


3. Pamela Bertucci, Johnny and Danell Veade, Kim and Chris Gordon, et al appealing the Zoning Commission APPROVAL on August 4, 2015 of a Major Amendment to the to 188.54 acre PUD (Planned Unit Development) District located south of Highway 433, west of Highway 90, north of Lake Pontchartrain. (Ward 8, District 13) (ZC83-07-076)
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.


ORDINANCES FOR ADOPTION
(Public Hearing)

1. Ord. Cal. No. 5428 - Ordinance to amend and reenact Chapter 18, Articles III and IV of the Parish Code of Ordinances, relative to the St. Tammany Parish Planning Commission and Zoning Commission. (Introduced 7/9/15) (Postponed 8/6/15)

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2. Ord. Cal. No. 5431 - Ordinance to amend the Parish Code of Ordinances, Chapter 13, to add new Sections providing for operation of motorized vehicles and enforcement of traffic controls on private streets within Coquille Subdivision. (Ward 1, District 4) (Introduced 8/6/15)

3. Ord. Cal. No. 5432 - Ordinance amending Section 8 of Ordinance Council Series No. 08-1848 to provide with respect to the legal test for the issuance of any future additional bonds of the Parish of St. Tammany, State of Louisiana, on a parity with its Limited Tax Revenue Bonds, Series 2008, and providing for other matters in connection therewith. (Introduced 8/6/15)

4. Ord. Cal. No. 5433 - Ordinance restating and reenacting Section 2-007.01 and Section 2-007.02 of the St. Tammany Parish Code of Ordinances regarding the procedures to sell adjudicated property. (Introduced 8/6/15)

5. Ord. Cal. No. 5434 - Ordinance to declare portions of Parcels 10 and 11, Labarre Plantation (Jefferson Parish), being the airline-causeway service road along the northern side of Airline Drive and west of N. Labarre Road in Metairie as surplus property and to authorize the private sale, public auction and/or disposal of said property described herein. (Introduced 8/6/15)

6. Ord. Cal. No. 5435 - Ordinance to declare multiple tax adjudicated properties as surplus property and authorize the Parish to proceed with the process for the advertising and sale of such adjudicated properties. (Introduced 8/6/15)

7. Ord. Cal. No. 5436 - Ordinance to revoke a portion of 6th Street right-of-way, located in Chinchuba Subdivision. (Ward 4, District 4) (Rev15-07-002) (Introduced 8/6/15)

8. Ord. Cal. No. 5437 - Ordinance to amend St. Tammany Parish Code of Ordinances, Chapter 16, Parks and Recreation, Article V, Recreation District No. 4, Sec. 16-051-00 created: boundaries; governing board, providing for the amendment of the boundaries of Recreation District No. 4. (Ward7, District 7 & 11) (Introduced 8/6/15)

9. Ord. Cal. No. 5438 - Ordinance amending the official Parish Zoning Map to reclassify 4.61 acres located north of Johnny F. Smith Avenue, west of Johnny Lane from NC-6 (Public, Cultural and Recreational District) to I-2 (Industrial District). (Ward 9, District 14) (ZC15-07-056) (Introduced 8/6/15)

10. Ord. Cal. No. 5439 - Ordinance amending the official Parish Zoning Map to reclassify 12,000 square feet located south of Marilyn Drive, east of Old Spanish Trail, being 106 Marilyn Drive, Slidell, from HC-2 (Highway Commercial District) to HC-2 (Highway Commercial District) and MHO (Manufactured Housing Overlay). (Ward 8, District 13) (ZC15-07-057) (Introduced 8/6/15)

11. Ord. Cal. No. 5440 - Ordinance amending the official Parish Zoning Map to reclassify 12.5 acres located south of Brewster Road, east of River Chase Drive from A-4 (Single Family Residential District), A-6 (Multiple Family Residential District) and NC-2 (Indoor Retail and Service District) to A-7 (Multi Family Residential District) and NC-5 (Retail & Service District). (Ward 1, District 1) (Introduced 8/6/15)

12. Ord. Cal. No. 5441 - Ordinance amending the official Parish Zoning Map to reclassify 13.72 acres located east of Highway 1081, north of Thibodeaux Road, south of Smith road from CB-1 (Community Based Facilities District) to MD-2 (Medical Clinic District). (Ward 3, District 2) (ZC15-07-059) (Introduced 8/6/15)

13. Ord. Cal. No. 5442 - Ordinance amending the official Parish Zoning Map to reclassify 1.5769 acres located north of Powell Drive, south of Interstate 12, West of Doss Drive from I-2 (Industrial District) to HC-2 (Highway Commercial District). (Ward 9, District 14) (ZC15-07-060) (Introduced 8/6/15)

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14. Ord. Cal. No. 5443 - Ordinance amending Section 18 of Ordinance Council Series No. 13-2922 to provide with respect to the legal test for the issuance of any future additional parity bonds of Sales Tax District No. Three of the Parish of St. Tammany, State of Louisiana, and providing for other matters in connection therewith. (Introduced 8/6/15)

15. Ord. Cal. No. 5444 - Ordinance to amend 2015 Operating Budget - Amendment No. 7. (Introduced 8/6/15)

16. Ord. Cal. No. 5445 - Ordinance to amend St. Tammany Parish, Code of Ordinances, Chapter 7, Drainage and Flood Control, Article I, Section 7-002.00, Use of Fill Materials Prohibited, to provide with respect the placement of fill within prohibited areas and within the boundaries of Gravity Drainage District No. 5. (Introduced 8/6/15)

17. Ord. Cal. No. 5446 - Ordinance to impose a six (6) month moratorium on the receipt of submissions by the Parish Zoning and Planning Commissions for the rezoning or resubdivision of property and/or on the issuance of permits for construction or placement of any building structures on property south of Interstate 12, north of Highway 190, west of Highway 11, and east of the Precinct S19 boundary line within unincorporated boundaries of Ward 9 in District 14. (Introduced 8/6/15)

18. Ord. Cal. No. 5447 - Ordinance to amend the St. Tammany Parish Unified Development Code, Volume 1 (Zoning) Various to add on location television or film productions as Administrative Permit. (ZC15-07-055) (Introduced 8/6/15)

19. Ord. Cal. No. 5448 - Ordinance authorizing the Parish of St. Tammany, through the Office of the Parish President, to enter into a servitude agreement with CLECO Power, LLC for electric service to the Parish's Communication Tower. (Ward 3, District 3) (Introduced 8/6/15)

20. Ord. Cal. 5449 - Ordinance to amend 2015 Operating Budget - Amendment No. 8. (Introduced 8/6/15)

APPOINTMENTS

1. Resolution to appoint David Howell to replace John Sammons (resigned) to the Board of on the Board of Directors for the St. Tammany Parish Fire District No. 7. (Districts 6, 7 & 11) (Tanner)

DISCUSSIONS AND OTHER MATTERS

1. Motion to refer to Zoning Commission for recommendation the proposed rezoning of 4.48 acres of land located in Section 1, Township 6 South, Range 11 East, with a physical address of 21068 Victory Lane, from its present A-1 (Suburban District) and RO (Rural Overlay) to A-2 (Suburban District) and RO (Rural Overlay) and MHO (Manufactured Housing District). (Ward 2, District 2) (Sharp)

EXECUTIVE SESSION

In re: DIAMOND PROPERTIES HOLDINGS, INC., versus ST. TAMMANY PARISH, ET AL, 22nd Judicial District Court, #2013-14692, Division "I"