Call to Order by Honorable Patricia Brister, Chairman

Invocation by

Pledge of Allegiance by

Roll Call:
                                    
    Marty Dean
    Russell Fitzmorris
    James A. “Red” Thompson
    Marty Gould
    Gary Singletary
    Joe Impastato
    Patricia Brister
    Steve Stefancik
    Chris Canulette
    Barry D. Bagert
    Henry Billiot
    Jerry Binder
    Joe “Coach” Thomas
    Ken Burkhalter

    1) Presentation of Rural Development Grant Awards to Fire Protection Districts No. 11, 13, 3, 7, 8, 9, 5, and Recreation District No. 12. (Brister/President)

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

    Regular Council Meeting     July 1, 2004
    Council Committee Meetings     July 28, 2004

    1) Ord. Cal. No. 2891 - Ordinance to amend Ord. C.S. No. 03-0723, adopted July 10, 2003, to approve a change in Polling Booth Locations for Precincts S01 and S05. (Canulette)

    2) Ord. Cal. No. 2892 - Ordinance to amend Parish Code, Appendix C, Ord. 523 Land Use Regs, Section 5, relative to standards for land clearing. (ZC 04-05-041)
(Zoning Commission approved 7/6/2004) (Brister/President)

    3) Ord. Cal. No. 2893 - Ordinance amending zoning of 2.5 acres from MH and A-4 to C-2.
(Ward 8, District 13)(ZC 04-07-052) (Zoning Commission approved 7/6/2004) (Brister/President)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the northwest corner of Hoover Drive and Highway 190, being Lots 39-45 of Square 5 in Lindbergh Glen Subdivision, Annex No. 2, containing 2.5 acres, from MH Mobile Home and A-4 Single Family Residential to C-2 Highway Commercial.

    4) Ord. Cal. No. 2894 - Ordinance amending zoning of 37,280 sq. ft. from SA to C-2.
(Ward 3, District 3) (ZC 04-07-054) (Zoning Commission approved 7/6/2004) (Brister/President)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the southwest corner of First Street and Ramos Street, being Lot 116 and a portion of Lot 117 in the Town of Claiborne Subdivision, containing 37,280 square feet, from SA Suburban Agriculture to C-2 Highway Commercial.

    5) Ord. Cal. No. 2895 - Ordinance amending zoning of 42,500 sq. ft. from A-3 to LC.
(Ward 8, District 8) (ZC 04-07-059) (Zoning Commission approved 7/6/2004) (Brister/President)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the northwest corner of Amber Street and Cane Avenue, being Lot 5 of Square 18 in Pearl Acres Subdivision, containing 42,500 square feet, from A-3 Suburban to LC Light Commercial.

    6) Ord. Cal. No. 2896 - Ordinance amending zoning of 57,600 sq. ft. from A-2 to LC.
(Ward 3, District 1) (ZC 04-07-060) (Zoning Commission approved 7/6/2004) (Brister/President)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the west side of Vivian Street, between Fifth and Sixth Streets, being Square 3 of Mailleville Subdivision, containing 57,600 square feet, from A-2 Suburban to LC Light Commercial.

    7) Ord. Cal. No. 2897 - Ordinance amending zoning of 2.4186 acres from LC to C-2.
(Ward 8, District 14) (ZC 04-07-063) (Zoning Commission approved 7/6/2004) (Brister/President)

    Ordinance amending the official zoning map of St. Tammany to reclassify land at the southeast corner of Highway 190 (Business) and Nellie Drive, containing 2.4186 acres, from LC Light Commercial to C-2 Highway Commercial.

    8) Ord. Cal. No. 2898 - Ordinance to correct road inventory to include an extension of Partridge Street, located off Dove Park Road. (Ward 4, District 5) (Gould)

    9) Ord. Cal. No. 2899 - Ordinance establishing a “No Parking” zone on a portion of Cherry Street. (Ward 9, District 11) (Brister/President)

    10) Ord. Cal. No. 2900 - Ordinance to correct road inventory to include an extension of Dupard Street, located off Soult Street. (Ward 4, District 10) (Brister/President)

    11) Ord. Cal. No. 2901 - Ordinance to authorize Parish President to accept donation of 2.512 acres of land, including two (2) retention ponds, in Westwood Subdivision. (Brister/President)

    12) Ord. Cal. No. 2902 - Ordinance to amend Parish Code, Appendix B, Ord. 499 Subdivision Regs, Section 40-041.0 Developmental Agreements. (Planning Commission approved 7/13/04) (Brister/President)

    13) Ord. Cal. No. 2903 - Ordinance to adopt Voluntary Developmental Agreement between the Parish and Abita River, LLC, developer of River Highlands Subdivision. (Ward 3, District 1) (Brister/President)

    14) Ord. Cal. No. 2904 - Ordinance to adopt Voluntary Developmental Agreement between the Parish and Tammany Middle, LLC, developer of Tammany Middle LLC Subdivision.
(Ward 3, District 1) (Brister/President)

    15) Ord. Cal. No. 2905 - Ordinance amending the 2004 Operating Budget. (Brister/President)

    16) Ord. Cal. No. 2906 - Ordinance to extend moratorium on property within a portion of The Birg Boulevard Subdivision. (Ward 3, District 5) (Gould)

    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 a portion of The Birg Boulevard Subdivision, less and except those lots removed per Resolution C.S. No. C-1164 and Resolution C.S. No. C-1172.

                                    Parish Council Regular Meeting
                                    August 5, 2004
                                    Page 4

    17) Ord. Cal. No. 2907 - Ordinance to extend moratorium on property abutting a portion of Highway 22. (Ward 4, District 4) (Brister)

    Ordinance to extend for an additional six (6) months the moratorium on issuance of permits for the construction or placement of building structures on certain property within unincorporated St. Tammany Parish abutting a portion of Highway 22.

    18) Ord. Cal. No. 2908 - Ordinance to extend moratorium on property within a certain area of Ward 1, District 1. (Dean)

    Ordinance to extend for an additional six (6) months the moratorium on receipt of submissions by Parish Zoning and Planning Commissions for rezoning or resubdivision of property and/or issuance of permits for construction or placement of building structures on property within a certain area of Ward 1, District 1.

    19) Resolution C.S. No. C-1172 - Resolution to vacate, in part, the moratorium within a portion of The Birg Boulevard Subdivision to remove certain lots. (Ward 3, District 5) (Gould)

    Resolution to vacate, in part, the moratorium established by Ord. C.S. No. 04-0839, adopted March 4, 2004, on issuance of building permits for construction/placement of building structures on property in a portion of The Birg Boulevard Subdivision, to remove Lots 31 through and including Lot 35 in Covington Meadows Subdivision, Phase 2, and Lots 53 through and including Lot 62, in Covington Meadows Subdivision, Phase 3, also located in a portion of former Helenbirg Estates.

    20) Resolution C.S. No. C-1173 - Resolution authorizing Parish President to negotiate an Ambulance Service Agreement with Acadian Ambulance Service, Inc. for exclusive emergency and non-emergency ambulance services within the parish, subject to the concurrence of the Council Chairman and the Quality Assurance Panel. (Canulette)

    21) Resolution C.S. No. C-1174 - Resolution approving issuance of $260,000 of Certificates of Indebtedness, Series 2004, of Fire Protection District No. 9. (Brister/President)

    22) Resolution C.S. No. C-1175 - Resolution to rescind Resolution C.S. No. C-1148, which concurred with annexation of 18.822 acres into the City of Mandeville. (Ward 4, District 4)(Brister)

    Resolution to rescind Resolution C.S. No. C-1148, adopted July 1, 2004, which concurred with City of Mandeville annexation and rezoning of 18.822 acres located west of Random Oaks and north of Lewisberg Estates at the west end of Copal Street from Parish SA Suburban Agriculture to Mandeville R-1 Single Family Residential.

                                    Parish Council Regular Meeting
                                    August 5, 2004
                                    Page 5

    24) Resolution C.S. No. C-1177 - Resolution establishing Warranty Obligations. (Brister/President)
                

    25) Resolution C.S. No. C-1178 - Resolution to amend Ord. C.S. No. 03-0775, the 2004-2008 Capital Improvement Budget and Program, to make changes to Council District 7 Road List to include East McGehee Street, McGehee Street and Mir Mar Extension. (Brister/President)

    26) Resolution C.S. No. C-1179 - Resolution to concur/not concur with Slidell annexation.
(Ward 9, District 11) (Brister/President)

    Resolution to concur/not concur with the City of Slidell annexation and rezoning of 2.21 acres at the northeast corner of Airport Road and I-12 Service Road from Parish C-1 Neighborhood Commercial to City of Slidell C-2 Neighborhood Commercial.

    27) Resolution C.S. No. C-1180 - Resolution endorsing U.S. Bancorp Equipment Finance, Inc. for participation in the benefits of the Louisiana Enterprise Zone Program. (Brister/President)

    28) Resolution C.S. No. C-1181 - Resolution endorsing Northshore Interventional Pain Management, APMC, for participation in the benefits of the Louisiana Enterprise Zone Program.
(Brister/President)

    29) Resolution C.S. No. C-1182 - Resolution endorsing Applied Enterprise Solutions for participation in the benefits of the Louisiana Enterprise Zone Program. (Brister/President)

    30) Resolution C.S. No. C-1183 - Resolution endorsing Lacombe Land Co., LLC d/b/a North Institute, APMC, for participation in the benefits of the Louisiana Enterprise Zone Program.
(Brister/President)

    31) Resolution C.S. No. C-1184 - Resolution endorsing North Institute, APMC, for participation in the benefits of the Louisiana Enterprise Zone Program. (Brister/President)

    32) Resolution C.S. No. C-1185 - Resolution to amend Ord. C.S. No. 03-0775, the 2004-2008 Capital Improvement Budget and Program, Fixed Asset and Grant Awards. (Brister/President)

    33) Resolution C.S. No. C-1186 - Resolution authorizing the Director of Finance to transfer $1,600.00 from Meadowbrook Voluntary Developmental Agreement Escrow Account to Capital Improvement District 5 Fund. (Gould)

    34) Resolution C.S. No. C-1187 - Resolution authorizing Parish President to enter Intergovernmental Agreements with Fire Protection Districts No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and Covington Volunteer Fire Department for physical transfer of detection, personal protection and logistical support equipment. (Brister/President)

    35) Resolution C.S. No. C-1188 - Resolution authorizing Parish President to enter Intergovernmental Agreement with the Slidell Police Department for physical transfer of interoperable communication and logistical support equipment. (Brister/President)

    1) Applicant Nell Miquet/Owner Wesley Ray Dawsey appealing the Zoning Commission DENIAL on June 1, 2004 to rezone 2.6 acres on the southwest corner of Green House Road and Highway 41, from R-Rural to C-2 Highway Commercial. (Ward 6, District 6) (ZC 04-06-042)
(TABLED 7/1/2004)

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.

    2) Michael Tilly for applicant Stuart Rathe appealing the Zoning Commission DENIAL on June 1, 2004 to rezone 74,917 sq. ft. of land on the north side of Highway 21, west of Cherokee Rose Lane, from LC Light Commercial to C-2 Highway Commercial. (Ward 1, District 1)(ZC 04-06- 046)
(APPEALS NO. 2 AND 3 WERE FILED TOGETHER) (TABLED 7/1/2004)

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) Michael Tilly for applicant Stuart Rathe appealing the Zoning Commission DENIAL on June 1, 2004 Plan Review of 18,912 sq. ft. medical office on the north side of Highway 21, west of Cherokee Rose Lane in Highway 21 Planned Corridor. (Ward 1, District 1) (PR 04-06-006)
(APPEALS NO. 3 AND 2 WERE FILED TOGETHER) (TABLED 7/1/2004)

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 ADOPTION OF A RESOLUTION.

    4) Russell Butz and Scott Chotin appealing the Zoning Commission APPROVAL on July 6, 2004 to amendments to Parish Land Use Ord. No. 523 relative to standards for landscaping and tree preservation regulations. (ZC 04-06-049)

NOTE:    TO CONCUR WITH ZONING APPROVAL, A SIMPLE MAJORITY VOTE IS REQUIRED AND INTRODUCTION OF AN ORDINANCE.

NOTE:    TO OVERRIDE ZONING APPROVAL, A MAJORITY VOTE OF THE ENTIRE COUNCIL IS REQUIRED AND ADOPTION OF A RESOLUTION.

    5) Applicant/owner Carl and Emma Jean Freeman appealing the Zoning Commission DENIAL on July 6, 2004 to rezone 8.783 acres at the southeast corner of River Road and Highway 25 from A-2 Suburban to C-2 Highway Commercial. (Ward 3, District 2) (ZC 04-07-056)

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.

    6) Applicant Beverly Foster/Foster Engineering appealing the Zoning Commission DENIAL on July 6, 2004 to rezone 9.98 acres on the south side of Moonraker Drive from A-4 Single Family Residential to a Planned Unit Development. (Ward 9, District 13) (ZC 04-07-061)

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.

    7) Applicant Thomas Johnston appealing the Zoning Commission DENIAL on July 6, 2004 to rezone 9.13 acres north of 10th Street, east of the intersection of Jefferson Avenue and 10th Street, and south of Arthur Road, from SA Suburban Agriculture to a Planned Unit Development.
(Ward 3, District 3) (ZC 04-07-062)

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.

    8) William and Erica Allen, et al appealing the Zoning Commission APPROVAL on July 6, 2004 for issuance of a conditional use permit for a Day Care Center on the west side of Hoover Drive, south of Lawes Street, north of Shortcut Highway, being Lots 68 and 69, Square 5, Lindbergh Glen Annex No. Two Subdivision, in an A-4 Single Family Residential District. (Ward 8, District 13)
(CP 04-07-083) (Applicant Lionel Hanley, Owner Pamela M. Shields)

NOTE:    TO CONCUR WITH ZONING APPROVAL, A SIMPLE MAJORITY VOTE IS REQUIRED AND ADOPTION OF A RESOLUTION.

NOTE:    TO OVERRIDE ZONING APPROVAL, A MAJORITY VOTE OF THE ENTIRE COUNCIL IS REQUIRED AND ADOPTION OF A RESOLUTION.

    9) Applicant Celeste Puglia appealing the Planning Commission DENIAL on July 13, 2004 for resubdivision of Lot 303-A of North Oaklawn Subdivision into Lots 303-A-1 and 303-A-2. The subject property is located on the west side of Carroll Street, south of Highway 190, zoned SA Suburban Agriculture, and is in the vicinity of Lacombe. (Ward 7, District 7) (RS 04-07-140)

NOTE:    TO CONCUR WITH PLANNING DENIAL, A SIMPLE MAJORITY VOTE IS REQUIRED AND ADOPTION OF A RESOLUTION.

NOTE:    TO OVERRIDE PLANNING DENIAL, A 2/3 VOTE (9) OF THE ENTIRE COUNCIL IS REQUIRED AND ADOPTION OF A RESOLUTION.

                                    Parish Council Regular Meeting
                                    August 5, 2004
                                    Page 10

    1) Ord. Cal. No. 2808 - Ordinance accepting finalized subdivisions into road and drainage inventories, specifically Forest Brook, Phase 4C1. (Ward 4, District 7) (Introduced 4/1/2004)
(Tabled 5/6/2004 through 7/1/2004)

    2) Ord. Cal. No. 2822 As Amended - Ordinance establishing “One Way” traffic zone on a portion of Garden Drive and East Street. (Ward 9, District 11) (Reintroduced as amended 7/1/2004)

    3) Ord. Cal. No. 2862 - Ordinance accepting Act of Dedication of Guste Island Road for inclusion into road maintenance system. (Ward 1, District 1) (Introduced 7/1/2004)

    4) Ord. Cal. No. 2878 - Ordinance amending zoning of 18,000 sq. ft. from SA to C-2
(Ward 4, District 7) (ZC 04-06-043) (Zoning Commission approved 6/1/2004) (Introduced 7/1/2004)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the east side of Highway 59, north of Hoffman Road, being Lots 11-16, Square 19, Abita Springs Terrace Subdivision, containing 18,000 sq. ft., from SA Suburban Agriculture to C-2 Highway Commercial.

    5) Ord. Cal. No. 2879 - Ordinance amending zoning of 1.0 acre from R-Rural to C-2.
(Ward 2, District 2) (ZC 04-06-045) (Zoning Commission approved 6/1/2004) (Introduced 7/1/2004)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the west side of Highway 437, south of Barkers Corner, containing 1.0 acre from R- Rural to C-2 Highway Commercial.

    11) Ord. Cal. No. 2885 - Ordinance to amend and reenact Parish Code, Chapter 14, Nuisances, to provide for changes and clarifications therein. (Introduced 7/1/2004)

    12) Ord. Cal. No. 2886 - Ordinance to amend Ord. C.S. No. 04-0913 to expand the boundaries of an area subject to a building moratorium within Ward 7, District 7. (Introduced 7/1/2004)

    13) Ord. Cal. No. 2887 - Ordinance to amend Code, Appendix B (Ord. 499 Subdivision Regs), Section 40-061.01 Hydrological Study and Plan, to add provisions relative to developments within Gravity Drainage District No. 5. (Introduced 7/1/2004)

    14) Ord. Cal. No. 2888 - Ordinance to impose 120-day moratorium for portion of Hwy. 190- Business, between Slidell limits and Hwy. 1090. (Ward 8, District 12, 13 & 14)(Introduced 7/1/2004)

    Ordinance to impose a 120-day moratorium on the receipt of submissions by the Parish Zoning and Planning Commissions for rezoning of property within unincorporated St. Tammany Parish abutting, in whole or in part, U.S. Highway 190 - Business, between the Slidell City limits and Highway 1090 (S. Military Road).

    15) Ord. Cal. No. 2889 - Ordinance to authorize Parish Council to declare a portion of Lot 3, Square 17, Slidell Manor Subdivision, as surplus property and to authorize the sale of said parcel. (Ward 9, District 11) (Introduced 7/1/2004)

    16) Ord. Cal. No. 2890 - Ordinance to permit the Parish President to enter a lease-purchase agreement with Trust for Public Land for acquiring Abney property and to provide that the 2004 Capital Improvement list be amended to reflect the addition of this project. (Introduced 7/1/2004)

    1) Resolution to reappoint or replace members of the St. Tammany Parish Arts Commission. (Terms expired) (Parishwide) (Brister)

    2) Resolution to reappoint or replace members of the Building Code Electrical Regulatory Board. (Terms expired) (Parishwide) (Brister)

                                    Parish Council Regular Meeting
                                    August 5, 2004
                                    Page 12

    3) Resolution to reappoint or replace members of the Building Code Heating/Air Conditioning Regulatory Board. (Terms expired) (Parishwide) (Brister)

    5) Resolution to reappoint or replace members of the Building Regulatory Board.
(Terms expired) (Parishwide) (Brister)

    6) Resolution to reappoint or replace members of the Housing Authority of St. Tammany Parish. (Terms expired) (Parishwide) (Brister)

    7) Resolution to reappoint or replace members of the Industrial Development Board.
(Terms expired) (Parishwide) (Brister)

    8) Resolution to reappoint or replace members of the Library Board of Control.
(Terms expired) (Parishwide) (Brister)

    9) Resolution to reappoint or replace members of the Construction Board of Standards Adjustments and Appeals. (Terms expired) (Parishwide) (Brister)

    10) Resolution to reappoint or replace members of the Waterway Safety Committee.
(Terms expired) (Parishwide) (Brister)