PUBLISHED FEBRUARY 26, 2004 AND POSTED AT PARISH COMPLEXES MARCH 1, 2004

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) Certificates of Recognition to outgoing members of the Parish Zoning and Planning Commissions. (Council members)

    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     February 5, 2004
    Council Committee Meetings     February 25, 2004

    1) Ord. Cal. No. 2781 - Ordinance to amend zoning of 14,800 sq. ft. from SA to C-1.
(Ward 7, District 7) (ZC 04-02-007) (Zoning Commission approved 2/3/2004) (Brister/President)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the south side of Main Street, west of Lake Road, east of 8^th Street, being Lots 3 and 4 of Square 88 in Lacombe Park Subdivision, containing 14,800 sq. ft., from SA Suburban Agriculture to C-1 Neighborhood Commercial.

    2) Ord. Cal. No. 2782 - Ordinance to amend zoning of 0.68 acres from C-2 to M-1.
(Ward 3, District 3) (ZC 04-02-008) (Zoning Commission approved 2/3/2004) (Brister/President)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the south side of Highway 190 Bypass, west of Jacqueline Court, containing 0.68 acres, from C-2 Highway Commercial to M-1 Light Industrial.

    3) Ord. Cal.No. 2783 - Ordinance to amend zoning of 0.61 acres from LC & C-2 to C-2 & LC.
(Ward 1, District 1) (ZC 04-02-009) (Zoning Commission approved 2/3/2004) (Brister/President)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the east side of Highway 21, south of I-12 and north of Christwood Boulevard, containing 0.61 acres, from LC Light Commercial and C-2 Highway Commercial to LC Light Commercial for 0.108 and C-2 Highway Commercial for 0.498 acres.

    4) Ord. Cal. No. 2784 - Ordinance to extend for an additional six (6) months the moratorium on the issuance of permits for construction or placement of building structures within a certain area of unincorporated Ward 4, District 10 (Dupard Street). (Billiot)

    5) Ord. Cal. No. 2785 - Ordinance to amend Ord. C.S. No. 02-0566, the 2003-2007 Capital Improvement Budget and Program, and to further identify fixed asset and grant awards. (Brister/President)

    6) Ord. Cal. No. 2786 - Ordinance to amend the 2003 Operating Budget. (Brister/President)
        

    7) Ord. Cal. No. 2787 - Ordinance to amend the 2004 Operating Budget. (Brister/President)

    8) Ord. Cal. No. 2788 - Ordinance to correct road inventory to include DePorres Road and East Drive, also correct drainage inventory to include lateral ditch off Sharp Road and lateral ditch off Geronimo Drive. (Wards 2 and 3, Districts 2 and 3) (Brister/President)

    9) Ord. Cal. No. 2789 - Ordinance accepting finalized subdivisions into the road and drainage inventories, specifically Forest Brook, Phase 4-C-2, Marigny Trace, Phase 4, and Covington Meadows, Phase 1. (Wards 3 and 4, Districts 5 and 7) (Brister/President)

    10) Ord. Cal. No. 2790 - Ordinance to adopt Voluntary Developmental Agreement between the Parish and Cross Gates, Inc., developer of La Chenier Subdivision. (Ward 8, District 9) (Brister/President)

    11) Ord. Cal. No. 2791 - Ordinance to temporarily close Woodvine Street in DeVal Estates, north of Mandeville, for an indefinite period of time. (Ward 4, District 5) (Brister/President)

    12) Ord. Cal. No. 2792 - Ordinance to revoke an unnamed alley right-of-way located in Lacombe Park Subdivision in the vicinity of Lacombe, La. (Ward 7, District 7) (Brister/President)

    13) Ord. Cal. No. 2793 - Ordinance to extend for an additional 30 days the emergency moratorium on placement of fill and issuance of permits for construction or placement of building structures on property within Tall Timbers Subdivision. (Ward 4, District 5) (Gould)
(SUSPEND RULES TO ADOPT)

    14) Ord. Cal. No. 2794 - Ordinance to amend zoning of 60.129 acres from A-2 to PUD.
(Ward 9, District 11) (ZC 01-06-044) (Zoning Commission approved 7/3/2001) (Brister)

    Ordinance amending the official zoning map to reclassify land on the east side of Thompson Road, north of Reilly Road, containing 60.129 acres, from A-2 Suburban to PUD (Planned Unit Development)

    15) Resolution C.S. No. C-1032 - Resolution approving issuance of $7,500,000 General Obligation Refunding Bonds, Series 2004 of Recreation District No. 1. (Brister/President)
(Finance Committee recommends adoption 2/25/2004)

    16) Resolution C.S. No. C-1033 - Resolution to approve holding an election in the East St. Tammany Events Center District on Saturday, April 17, 2004, to authorize incurring of debt and issuance of bonds therein. (Brister/President)(Government Affairs recommends adoption 2/25/2004)

    17) Resolution C.S. No. C-1034 - Resolution authorizing Parish President to execute documents with La. Dept. of Natural Resources relative to “Wetland Habitat Change in Western St. Tammany Parish between 1982 and 2001" grant. (Brister/President)
(Finance Committee recommends adoption 2/25/2004)

    18) Resolution C.S. No. C-1035 - Resolution establishing warranty obligations. (Brister/President)(Finance Committee recommends adoption 2/25/2004)

    19) Resolution C.S. No. C-1036 - Resolution certifying the population census counts for Fire Protection Districts of St. Tammany Parish. (Brister/President)
(Government Affairs recommends adoption 2/25/2004)

    20) Resolution C.S. No. C-1037 - Resolution to amend Ord. C.S. No. 03-0775, the 2004-2008 Capital Improvement Budget and Program, Fixed Asset and Grant Awards. (Brister/President)
(Finance Committee recommends adoption 2/25/2004)

    21) Resolution C.S. No. C-1038 - Resolution stating Parish Council's endorsement of Marshall's-020 for participation in the benefits of the Louisiana Enterprise Zone Program. (Brister/President) (Finance Committee recommends adoption 2/25/2004)

    22) Resolution C.S. No. C-1039 - Resolution stating Parish Council's endorsement of Ray Masker, Jr. (McDonald's Wal-Mart) for participation in the benefits of the Louisiana Enterprise Zone Program. (Brister/President) (Finance Committee recommends adoption 2/25/2004)

    23) Resolution C.S. No. C-1040 - Resolution stating Parish Council's endorsement of Surgical Specialist of Louisiana, LLC for participation in the benefits of the Louisiana Enterprise Zone Program. (Brister/President) (Finance Committee recommends adoption 2/25/2004)

    24) Resolution C.S. No. C-1041 - Resolution stating Parish Council's endorsement of Central Management Concepts, LLC for participation in the benefits of Louisiana Enterprise Zone Program. (Brister/President) (Finance Committee recommends adoption 2/25/2004)

    25) Resolution C.S. No. C-1042 - Resolution stating Parish Council's approval for five (5) year renewal of Restoration Tax Abatement Contract No. 1988-0391-65 between La. Dept. Economic Development and CCJKR Holdings I, LLC, to participate in said Program. (Brister/President)
(Finance Committee recommends adoption 2/25/2004)

    26) Resolution C.S. No. C-1043 - Resolution requesting the Parish Legislative Delegation initiate and support the filing of a Bill in the 2004 Louisiana Legislature authorizing administrative adjudication procedures for all violations of Parish Ordinances. (Impastato)
(Government Affairs recommends adoption 2/25/2004)

    1) Applicant Ray A. Alfred appealing the Zoning Commission DENIAL on January 6, 2004 to rezone 2 acres of land on the west side of Allen Road, south of Highway 190(Business) from A-3 Suburban to C-2 Highway Commercial. (Ward 8, District 14) (ZC 04-01-002)(Tabled 2/5/2004)

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) Applicant Gerard Frey appealing the Zoning Commission DENIAL on January 6, 2004 for issuance of a conditional use permit for a 3,600 sq. ft. cellular tower (180') on the south side of Surgi Drive east of Highway 59, in a C-2 Highway Commercial District. (Ward 4, District 5)
(CP 03-12-155) (Tabled 2/5/2004)

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.

    3) Hazel Sinclair appealing the Planning Commission APPROVAL on January 13, 2004 for Tentative Subdivision Review of Timber Branch II in Ward 1, District 1. (SD 04-01-003)
(Developer/owner A. J. Hand, et al) (Tabled 2/5/2004)

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

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

    4) Jeannine Meeds appealing the Zoning Commission APPROVAL on February 3, 2004 to rezone 44.4 acres of land on the east side of Pugh Road, north of Highway 190, from SA Suburban Agriculture to PUD (Planned Unit Development). (Ward 4, District 7) (ZC 04-02-011)
(Applicant Kelly J. McHugh)

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 John Barry appealing the Zoning Commission DENIAL on February 3, 2004 to rezone 1.5 acres of land east of Lee Road, west of Stafford Road, north of the intersection of Lee Road and Stafford Road, including Lots 22, 23, 24, 69, 70 and 71, Square 2, Palm Plaza Subdivision, from SA Suburban Agriculture to C-2 Highway Commercial. (Ward 3, District 2) (ZC 03-12-078)

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 Jack DeWald appealing the Zoning Commission DENIAL on February 3, 2004 to rezone 2.95 acres on the east side of Highway 437, west of Stafford Road and north of the intersection of Highway 437 and Stafford Road, from SA Suburban Agriculture to C-2 Highway Commercial. (Ward 3, District 2) (ZC 03-12-079) (Received request to withdraw 2/19/2004)

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.

    7) Applicant Jonathan Pearson, Pearson Real Estates Services, Inc., appealing the Zoning Commission DENIAL on February 3, 2004 to rezone 29.46 acres of land on the west side of I-59, south of the East Pearl River, from C-2 Highway Commercial to M-2 Intermediate Industrial. (Ward 6, District 6) (ZC 04-01-004)

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) L. R. Lorren appealing the Zoning Commission APPROVAL on February 3, 2004 for issuance of a conditional use permit for a 5,000 sq. ft. restaurant on the west side of Highway 21, south of the intersection of Highway 21 and Highway 1077 in an R-Rural District.
(Applicant Keith Young) (Ward 1, District 1) (CP 04-02-023)

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

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

    9) William B. Matthews appealing the Zoning Commission APPROVAL on February 3, 2004 for issuance of a conditional use permit for an outdoor sales business on 0.6536 acres on the east side of Highway 190, north of Fairway Drive in a C-2 Highway Commercial District.
(Applicant Ed Rutman) (Ward 4, District 5) (CP 04-01-018)

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

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

    10) Louis K. Ogle, Jr. appealing the Planning Commission APPROVAL on February 10, 2004 for Preliminary Subdivision Review of Tammany West Multiplex, Phase 2, in Ward 1, District 1.
(Applicant Gulf States Development Services)

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

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

    11) Applicant Mike Perkins appealing the Zoning Commission DENIAL on February 3, 2004 to rezone 1.93 acres on the southeast corner of Highway 11 and Eden Isles Boulevard, being Lots 71-74 in Eden Isles Subdivision, Unit 1, from C-1 Neighborhood Commercial to A-6 General Multiple Family District. (Ward 9, District 13) (ZC 04-02-010)

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.

    1) Ord. Cal. No. 2683 As Amended - Ordinance to amend Code relative to property having adverse effect on natural/scenic rivers. (ZC 03-10-062) (Introduced 8/7/2003, postponed 9/4/2003, tabled 11/6/2003, 12/4/2003, 1/15/2004 and 2/5/2004) (REINTRODUCE AS AMENDED)
(Commerce & Development referred to Council 2/25/2004)

    Ordinance to amend Code of Ordinances, Appendix C (Ord. No. 523 Land Use Regs), 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. 2742 AMENDED - 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, tabled 1/15/2004 and 2/5/2004) (Clarification amendments)
(Commerce & Development recommends adoption as amended 2/25/2004)

    3) Ord. Cal. No. 2757 - Ordinance to amend Code, Chapter 14, Article I, relative to tree trimming and debris. (Introduced 1/15/2004) (Tabled 2/5/2004)
(Public Safety recommends TABLE 2/25/2004)

    Ordinance to amend Parish Code of Ordinances, Chapter 14, Article I, to amend and reenact Section 14-002.00 Illustrative Enumeration, and to create a new Section 14- 010.00 entitled Prohibited Tree Cuttings and Associated Debris.

    4) Ord. Cal. No. 2766 - Ordinance to impose a six (6) month moratorium on issuance of permits for construction or placement of building structures on property within a portion of The Birg Boulevard Subdivision. (Ward 3, District 5) (Introduced 1/15/2004)(Tabled 2/5/2004)
(Public Safety recommends adoption 2/25/2004)

    5) Ord. Cal. No. 2768 - Ordinance to impose a six (6) month moratorium on receipt of submissions by the Parish Zoning/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. (Introduced 1/15/2004) (Tabled 2/5/2004)
(Public Safety recommends adoption 2/25/2004)

    9) Ord. Cal. No. 2774 - Ordinance to amend zoning of 359.147 acres from C-2 and R-Rural to PUD. (Ward 1, District 1) (ZC 04-01-003) (Zoning Commission approved 1/6/2004)
(Introduced 2/5/2004) (Commerce & Development referred to Council 2/25/2004)

    Ordinance amending official zoning map of St. Tammany to reclassify land west of Trapagnier Road on the south side of Highway 22, containing 359.147 acres, from C-2 Highway Commercial and R-Rural to a PUD.

    10) Ord. Cal. No. 2777 - 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.
(Ward 4, District 4) (Introduced 2/5/2004)(Finance Committee recommends adoption 2/25/2004)

    11) Ord. Cal. No. 2778 - Ordinance to amend the Parish Code, Chapter 16, Article XVII, Recreation District No. 15, Section 16-036.03 Commissioners, to provide for an increase in the members of the Board of Commissioners from five (5) to seven (7) members. (Introduced 2/5/2004)
(Government Affairs recommends adoption 2/25/2004)

    12) Ord. Cal. No. 2779 - Ordinance to amend Code, Chapter 7, relative to Gravity Drainage District No. 4 and Gravity Drainage District No. 5. (Introduced 2/5/2004)
(Government Affairs referred to Council 2/25/2004)

    Ordinance to amend the Code of Ordinances, Chapter 7, Article V and Article VII, providing for the amendment of the boundaries of Gravity Drainage District No. 4 and Gravity Drainage District No. 5, and directing Council Chairman to give due notice thereof.

BID ITEM BID NUMBER FUND

Parish Jail Roof                344-00-04-01-2C        Facilities Management

    3) Resolution to reappoint Russell Crawford, Charles Anderson, Dr. Eugene Garcia and Dr. Peter Gerone to Mosquito Abatement District No. 2. (Parishwide - 4 by Council, 1 by President) (Nominations made 2/5/2004)

    4) Resolution to appoint members to Community Action Agency Advisory Board as follows: elected officials Elsie Burkhalter, Marshell Brumfield and Ray Alford; private organizations Dawn Impastato, Reverend Eugene Wellington, Al Hameui, Jimmy Laurent and Leisa Smoot; and representatives of low income groups James Winston, Leo Casnave, Ron Randolph, Christy Sams and Helen Christian. (Parishwide - Terms coincide with parish elected officials)
(Nominations made 2/5/2004)

    5) Resolution to reappoint Kevin pounds, Walter Clairain, Jimmy Holden and Glenn Patterson to Sewerage District No. 6. (Thompson) (4 by Council and 1 by President)

    6) Resolution to reappoint Glynn E. Huhn, Kathy Nastasi, Wayne Jacobs and Pierre Fabre to Water District No. 2. (Thompson) (4 by Council and 1 by President)

    7) Resolution to reappoint hospital representatives Kumar Amaraneni, M.D., Bill Singletary, Asst. Chief Nursing Officer, Robert Tassin M.D., Kathy McWhorter, R.N., and Nathan McCrimon, E-911, to the Parish Quality Assurance Panel (QAP). (Canulette) (Parishwide)

    8) Resolution to appoint __________________ to replace Jeffery K. Barker (resigned) to Fire Protection District No. 6. (Fitzmorris)
                

    9) Resolution to appoint ______________________ to Fire Protection District No. 1. (Burkhalter)

    10) Resolution to appoint members to the Parish Board of Adjustments. (Parishwide)
(6 by Council, 1 by President)