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PUBLISHED JANUARY 8, 2004 AND POSTED AT PARISH COMPLEXES JANUARY 13, 2004

AGENDA

ST. TAMMANY PARISH COUNCIL MEETING

THURSDAY, JANUARY 15, 2004 AT 6:00 P.M.

ST. TAMMANY GOVERNMENT COMPLEX

21490 KOOP DRIVE, MANDEVILLE, LA.

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

ELECTION OF OFFICERS

    1) Resolution to appoint a Chairman of the Parish Council for the calendar year 2004.

    2) Resolution to appoint a Vice-Chairman of the Parish Council for the calendar year 2004.


    

PRESENTATIONS

    1) Covington Mayor Candace Watkins - Regional relationships.
(Dean)

    2) Department of Engineering - Watershed Management Plan.
(Brister/President)


                                    Parish Council Regular Meeting
                                    January 15, 2004
                                    Page 2

CONSENT CALENDAR

(PAGE 2 THROUGH 4)

    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.

MINUTES

    Regular Council Meeting December 4, 2003

ORDINANCES FOR INTRODUCTION

(Public Hearing February 5, 2004)

    1) Ord. Cal. No. 2746 - Ordinance to amend Code, Appendix B (Ord. 499 Subdivision Regs) for administrative review of some subdivisions of property. (Brister/President)
(Tabled introduction 12/4/2003)

    Ordinance to amend Parish Code, Appendix B (Ord. 499 Subdivision Regs), to create Section 40-045.0 Minor Subdivision Review and Subsection 40-045.01 Minimum Construction Standards for a Private Drive to provide for administrative review.

    2) Ord. Cal. No. 2751 - Ordinance amending zoning of 139.206 acres from SA to PUD.
(Ward 1, District 1) (ZC 03-11-073) (Zoning Commission approved 12/2/2003) (Brister/President)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the east side of Highway 21, north side of Pine Crest Drive, south of Christwood Boulevard, containing 139.206 acres, from SA Suburban Agriculture to PUD.

    3) Ord. Cal. No. 2752 - Ordinance to amend Code, Appendix C (Ord. 523 Land Use Regs), Section 3.03 Minimum Standards (AG) Swimming Pools. (ZC 01-11-076)
(Zoning Commission approved 12/2/2003) (Brister/President)

    4) Ord. Cal. No. 2753 - Ordinance amending zoning of 1.525 acres from SA to C-1.
(Ward 3, District 3) (ZC 03-12-077) (Zoning Commission approved 12/2/2003) (Brister/President)

    Ordinance amending the official zoning map of St. Tammany to reclassify land north of 2nd Street, west of Washington Street, containing 1.525 acres, from SA Suburban Agriculture to C-1 Neighborhood Commercial.

    5) Ord. Cal. No. 2754 - Ordinance amending zoning of 6.1072 acres from M-2 to C-2.
(Ward 4, District 5) (ZC 03-12-080) (Zoning Commission approved 12/2/2003) (Brister/President)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the west side of Highway 59, north of I-12, containing 6.1072 acres, from M-2 Intermediate Industrial to C-2 Highway Commercial.



                                    Parish Council Regular Meeting
                                    January 15, 2004
                                    Page 3


     6) Ord. Cal. No. 2755 - Ordinance amending zoning of 69.39 acres from R-Rural to A-4.
(Ward 1, District 1) (ZC 03-12-084) (Zoning Commission approved 12/2/2003) (Brister/President)

    Ordinance amending the official zoning map of St. Tammany to reclassify land at the north end of Foxfield Lane, south of I-12, containing 69.39 acres, from R-Rural to A-4 Single Family Residential.

    7) Ord. Cal. No. 2756 - Ordinance to amend Code, Chapter 16, Articles I and XI, providing for amendment to boundaries of Recreation District No. 1 and Recreation District No. 10, and directing Council Chairman to give due notice thereof. (Gould)

    8) Ord. Cal. No. 2757 - Ordinance to amend Code, Chapter 14, Article I, relative to tree trimming and debris. (Impastato)

    Ordinance to amend and reenact the Parish Code, Chapter 14, Article I, Section 14- 002.00 Illustrative Enumeration and 14-003.00 Prohibited, to prohibit any tree trimming company and public utility company from leaving or permitting to remain on any public or private property any tree cuttings and other associated debris and to require contemporaneous removal of all such cuttings and other associated debris.

     9) Ord. Cal. No. 2758 - Ordinance to establish and validate rates and fees for sewerage and water services provided by such systems owned/operated by the Parish. (Stefancik)

    10) Ord. Cal. No. 2759 - Ordinance to adopt Voluntary Developmental Agreement between Parish and Ruelle Du Chene Developers, LLC, developer of Beau Arbre Subdivision.
(Ward 1, District 1) (Brister/President)

    11) Ord. Cal. No. 2760 - Ordinance to adopt Voluntary Developmental Agreement between Parish and Oak Investments, Inc., developer of Tuscany Subdivision. (Ward 8, District 9)
(Brister/President)

    12) Ord. Cal. No. 2761 - Ordinance to correct road inventory to include an extension of L. Crawford Road and Hurd Road; also correct drainage inventory to include an extension of lateral ditch #D01JW03011 located off Dummy Line Road. (Wards 1, 2 & 5, Districts 1, 2 & 6)
(Brister/President)

    

RESOLUTIONS

    13) Resolution C.S. No. C-0987 - Resolution approving holding an election in Recreation District No. 10 on Tuesday, March 9, 2004, to authorize incurring of debt and issuance of bonds and the levy of a special tax therein. (Brister - Bond Counsel)



                                    Parish Council Regular Meeting
                                    January 15, 2004
                                    Page 4

    14) Resolution C.S. No. C-0988 - Resolution of intention to amend boundaries of Recreation District No. 1 and Recreation District No. 10, and directing Council Chairman to give due notice thereof. (Gould)

    15) Resolution C.S. No. C-0989 - Resolution to recognize and confirm administration appointments. (Brister/President)

    16) Resolution C.S. No. C-0990 - Resolution declaring as surplus certain assets and authorizing sale and/or transfer of same. (Brister/President)

    17) Resolution C.S. No. C-0991 - Resolution establishing Warranty Obligations.
(Brister/President)
                        W A R R A N T Y

NAME OF SUBDIVISION RECOMMENDATION
 
 
FOREST BROOK SUBDIVISION, PH. 4C-2
AMOUNT: $13,900
EXPIRES: FEBRUARY 18, 2004
WARD 4, DISTRICT 7
EXTEND FOR ONE (1) YEAR
OR UNTIL WORK
ACCOMPLISHED
THE LANDINGS OF CROSS GATES, PH. 2 
AMOUNT: $37,600  
EXPIRES: FEBRUARY 19, 2004 
WARD 8, DISTRICT 9
EXTEND FOR ONE (1) YEAR
OR UNTIL WORK
ACCOMPLISHED
MARIGNY TRACE SUBDIVISION, PH. 5
AMOUNT: $11,500
EXPIRES: FEBRUARY 27, 2004 
WARD 4, DISTRICT 7
CALL L.O.C.
TO BE BROUGHT INTO THE
MAINTENANCE SYSTEM

 

    18) Resolution C.S. No. C-0992 - Resolution to concur/not concur with Slidell annexation.
(Ward 9, District 11) (Brister/President)

    Resolution to concur/not concur with City of Slidell annexation and rezoning of 15.91 acres of land south of I-12 and west of Northshore Boulevard from Parish A-1 Suburban and LC Light Commercial Districts to City of Slidell C-4 Highway Commercial District.

    19) Resolution C.S. No. C-0993 - Resolution stating Parish Council endorsement of JC Penney Corporation Inc., for participation in the benefits of the Louisiana Enterprise Zone Program. (Brister/President)

                
    20) Resolution C.S. No. C-0994 - Resolution to amend Resolution C.S. No. C-0973adopting the New Directions 2025 - Land Use Element - Phase I, the third element of the comprehensive plan for St. Tammany, which included the general land use map and supporting text. (Brister)

END OF CONSENT CALENDAR


                                    Parish Council Regular Meeting
                                    January 15, 2004
                                    Page 5

APPEALS

    1) Owner Janet Holland appealing the Zoning Commission DENIAL on October 7, 2003 to rezone 11,700 sq. ft. of land on the west side of W. Howze Beach Road, between Short Street and Nuevo Street, from SA Suburban Agriculture to A-6 General Multiple Family Residential.
(Ward 9, District 13) (ZC 03-10-068) (Applicant Sal Diecidue) (Tabled 11/6/2003 and 12/4/2003)

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

NOTE:    TO OVERRIDE ZONING COMMISSION DENIAL, A MAJORITY VOTE OF THE ENTIRE COUNCIL IS REQUIRED AND INTRODUCTION OF AN ORDINANCE TO CHANGE ZONING.

    2) Paul J. Mayronne, on behalf of William Stegall, Sr., applying for rezoning of 1.38 acres on the west side of Highway 437 (Lee Road), south of North Fitzmorris Road, north of Schmolke Road, from SA Suburban Agriculture to M-2 Intermediate Industrial District. (Ward 3, District 2) (ZC 03-09-061) (No recommendation - Zoning Commission motion failed to receive majority vote)
(Tabled 12/4/2003)

NOTE:    TO APPROVE REZONING, A SIMPLE MAJORITY VOTE IS REQUIRED AND INTRODUCTION OF AN ORDINANCE TO CHANGE ZONING.

NOTE:    TO DENY REZONING, A SIMPLE MAJORITY VOTE IS REQUIRED AND ADOPTION OF A RESOLUTION.


    3) Applicant R. Frank Bonner, II appealing the Zoning Commission DENIAL on December 2, 2003 for issuance of a conditional use permit for a 1,900 sq. ft. mobile home to be located on the west side of Tantella Ranch Road in a SA Suburban Agriculture District. (Ward 1, District 1)
(CP 03-12-168)

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

NOTE:    TO OVERRIDE ZONING COMMISSION DENIAL, A MAJORITY VOTE OF THE ENTIRE COUNCIL IS REQUIRED AND ADOPTION OF A RESOLUTION TO ISSUE PERMIT.


                                    Parish Council Regular Meeting
                                    January 15, 2004
                                    Page 6

    4) Applicant Luminder Pierre appealing the Zoning Commission DENIAL on December 2, 2003 for issuance of a conditional use permit for a 980 sq. ft. mobile home to be located on the east side of Bell Park Road, north of LaPont Drive in a SA Suburban Agriculture District.
(Ward 7, District 7) (CP 03-12-162)

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

NOTE:    TO OVERRIDE ZONING COMMISSION DENIAL, A MAJORITY VOTE OF THE ENTIRE COUNCIL IS REQUIRED AND ADOPTION OF A RESOLUTION TO ISSUE PERMIT.

    5) Applicant Donald M. Durkin appealing the Zoning Commission DENIAL on December 2, 2003 for issuance of a conditional use permit for a 1,680 sq. ft. mobile home to be located on the west side of Highway 433, south of the intersection of I-10 and Highway 433, in a SA Suburban Agriculture District. (Ward 9, District 13) (CP 03-12-160)

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

NOTE:    TO OVERRIDE ZONING COMMISSION DENIAL, A MAJORITY VOTE OF THE ENTIRE COUNCIL IS REQUIRED AND ADOPTION OF A RESOLUTION TO ISSUE PERMIT.

    6) Leslie D. Franck appealing the Zoning Commission APPROVAL on December 2, 2003 for issuance of a conditional use permit for a 1,526 sq. ft. mobile home to be located on the south side of Garden Drive, west of Carroll Road, in an A-3 Suburban District. (Ward 9, District 11)
(CP 03-12-154) (Applicant James/Helen Smith)

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

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


                                    Parish Council Regular Meeting
                                    January 15, 2004
                                    Page 7

    7) Carlo Hernandez appealing the Zoning Commission APPROVAL on December 2, 2003 to rezone 11.26 acres on the north side of Highway 1088, south of I-12, from SA Suburban Agriculture to ID Institutional District. (Applicant Donald/Beverly Jenkins) (Ward 4, District 10)
(ZC 03-12-081) (APPEALS NO. 7 AND NO. 8 WERE FILED TOGETHER)

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

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

    8) Carlo Hernandez appealing the Zoning Commission APPROVAL on December 2, 2003 for issuance of a conditional use permit for a funeral home/cemetery/mausoleum to be located on the north side of Highway 1088, south of I-12, in a SA Suburban Agriculture District.
(Applicant Donald/Beverly Jenkins) (Ward 4, District 10) (CP 03-12-152)
(THIS APPEAL FILED JOINTLY WITH ITEM NO. 7)

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

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

    9) William B. Matthews appealing the Planning Commission APPROVAL on December 9, 2003 (pursuant to Section 40-034.01 Contiguous Lot Rule) for construction of a residence on a substandard lot of record located on Orleans Street, north of Mandeville. (Ward 4, District 7)
(Applicant Stephanie O'Connor)

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

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





                                    Parish Council Regular Meeting
                                    January 15, 2004
                                    Page 8

ORDINANCES FOR ADOPTION

(Public Hearing)

    1) Ord. Cal. No. 2683 - Ordinance to amend Code relative to property having adverse effect on natural/scenic rivers. (ZC03-10-062)
(Introduced 8/7/2003, postponed 9/4/2003, tabled 11/6/2003 and 12/4/2003)

    Ordinance to amend Code of Ordinances, Appendix C (Ord. No. 523 Land Use Regulations), for additional requirements in zoning district standards regarding rezoning and conditional uses of property having reasonable potential to adversely affect natural and scenic rivers.

    2) Ord. Cal. No. 2738 - Ordinance to amend Code, Appendix C (Ord. 523 Land Use Regs), Section 2 and 3 for garage sales as a permitted use in residential districts and to establish minimum standards. (ZC03-11-074) (Zoning Commission approved 11/5/2003) (Introduced 12/4/2003)

    3) Ord. Cal. No. 2739 - Ordinance amending zoning of 1.93 acres from A-2 to C-2.
(Ward 3, District 5)(ZC 03-10-066) (Zoning Commission approved 11/5/2003) (Introduced 12/4/2003)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the east side of Charlie Street, west of Bravo Street, south of 5th Avenue and north of 7th Avenue, containing 1.93 acres, from A-2 Suburban to C-2 Highway Commercial.

    4) Ord. Cal. No. 2740 - Ordinance amending zoning of 5.686 acres from SA to PUD.
(Ward 1, District 1)(ZC 02-09-059) (Zoning Commission approved 11/5/2003) (Introduced 12/4/2003)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the southwest corner of Lalanne Road and Highway 21, containing 5.686 acres, from SA Suburban Agriculture to PUD Planned Unit Development.

    5) Ord. Cal. No. 2741 - Ordinance amending zoning of 7,500 sq. ft. from SA to C-2.
(Ward 4, District 5) (ZC 03-11-069) (Zoning Commission approved 11/5/2003)
(Introduced 12/4/2003)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the east side of Highway 59, north of Crain Street, being Lots 23, 25 and 27, Block 37, Abita Springs Annex, containing 7,500 sq. ft., from SA Suburban Agriculture to C-2 Highway Commercial.

    6) Ord. Cal. No. 2742 - Ordinance to amend Code, Appendix C (Ord. 523 Land Use Regs), to establish the Slidell Airport Hazard Overlay District and designate the overlay on the zoning base maps. (ZC 03-11-070) (Zoning Commission approved 11/5/2003) (Introduced 12/4/2003)


                                    Parish Council Regular Meeting
                                    January 15, 2004
                                    Page 9

    7) Ord. Cal. No. 2743 - Ordinance amending zoning of 12.26 acres from C-2, LC and SA to PUD. (Ward 4, District 10) (ZC 03-11-071)(Zoning Commission approved 11/5/2003)
(Introduced 12/4/2003)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the east side of Highway 59, north side of Highway 1088, south of Surgi Drive, containing 12.26 acres, from C-2 Highway Commercial, LC Light Commercial and SA Suburban Agriculture to PUD Planned Unit Development.

    8) Ord. Cal. No. 2744 - Ordinance accepting finalized subdivision into road and drainage inventories, specifically Black River Estates, Phase 8. (Ward 1, District 1) (Introduced 12/4/2003)

    9) Ord. Cal. No. 2745 - Ordinance establishing a “No Thru Trucks” zone on Horseshoe Island Road. (Ward 6, District 6) (Introduced 12/4/2003)

    10) Ord. Cal. No. 2747 - Ordinance amending zoning of 30.19 acres from R Rural to PUD.
(Ward 1, District 1) (ZC 03-10-067) (Introduced from appeal 12/4/2003)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the west side of Highway 1077, south of Brewster Road and north of Galatas Road, containing 30.19 acres, from R Rural to PUD Planned Unit Development.

    11) Ord. Cal. No. 2748 - Ordinance to extend moratorium in Bayou Liberty area. (Introduced 12/4/2003)

    Ordinance to extend for additional six months the moratorium on receipt of submissions by Parish Planning and Zoning Commissions for rezoning and/or resubdivision of property for new development in the Bayou Liberty area, specifically portions of Precincts 907, 906, 905, 904, 901, 913, 915, 908 and 912, from which water flows to Bayou Liberty drainage basin in District 11.

    12) Ord. Cal. No. 2749 - Ordinance to extend moratorium in Sharp Road area.
(Introduced 12/4/2003)

    Ordinance to extend for an additional six months the moratorium on receipt of submissions by Parish Zoning and Planning Commissions for rezoning of property and/or issuance of building permits for construction or placement of commercial structures in a certain area (Sharp Road) of Ward 4, District 10.


                                    Parish Council Regular Meeting
                                    January 15, 2004
                                    Page 10

    13) Ord. Cal. No. 2750 - Ordinance to extend moratorium in Hillcrest Subdivision. (Introduced 12/4/2003)

    Ordinance to extend for an additional six months the moratorium on issuance of permits for construction or placement of building structures on property within a portion of Hillcrest Subdivision in Ward 6, District 5.

AWARD OF BIDS

(Brister/President)

BID ITEM BID NUMBER FUND

Ozone Heights Wastewater            420-11-03-38-2        Environmental Services
Collection System

APPOINTMENTS

    1) Resolution to appoint ___________________ to the St. Tammany Parish Development District. (Council has one remaining vacancy to fill) (Brister)

    
    2) Resolution to appoint members to Board of Sewerage District No. 14. (Tammany Hills) (Gould)
(Council has 4 and President has 1 appointment)

    3) Resolution to appoint members to Board of Water District No. 15. (Tammany Hills) (Gould) (Council has 4 and President has 1 appointment)

    4) Resolution to appoint members to the Parish Zoning Commission and Parish Planning Commission. (Council has 9 appointments) (Brister)

    5) Resolution to reappoint Emil Johansen, Clyde Russell, Darrel Milburn, Jeff Swiger and Len Finley to Sewerage District No. 4. (Brister)

     6) Resolution to appoint members to Board of Recreation District No. 1.
( Council has 6 and President has 1 appointment)
(Brister)