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PUBLISHED JULY 28, 2005 AND POSTED AT PARISH COMPLEXES BY AUGUST 1, 2005

AGENDA

ST. TAMMANY PARISH COUNCIL MEETING

THURSDAY, AUGUST 4, 2005 AT 6:00 P.M.

ST. TAMMANY GOVERNMENT COMPLEX

21490 KOOP DRIVE, MANDEVILLE, LA.

Call to Order by Honorable Steve Stefancik, Chairman

Invocation by

Pledge of Allegiance by

Roll Call:    

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

PRESENTATIONS

    1) Louisiana Cooperative Extension Service, LSU AgCenter staff report. (Stefancik)

    2) Director Janice Butler presentation regarding Library millage proposal. (Stefancik/Davis)

    3) Certificate of Recognition to Lori Hursey and Judith Howard for outstanding charitable service to the community. (Binder)

CONSENT CALENDAR

(PAGE 1 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      July 7, 2005
    Council Committee Meetings      July 27, 2005


                                     Parish Council Regular Meeting
                                    August 4, 2005
                                    Page 2

ORDINANCES FOR INTRODUCTION

(Public Hearing September 1, 2005)

    1) Ord. Cal. No. 3131 - 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 land released by resolutions of the Parish Council. (Ward 3, District 5) (Gould)

    2) Ord. Cal. No. 3132 - Ordinance to extend for an additional six (6) months the moratorium on the issuance of permits for construction or placement of building structures on certain property within a portion of Tammany Forest Subdivision. (Ward 7, District 7) (Impastato)

    3) Ord. Cal. No. 3133 - Ordinance amending zoning of 57,600 sq. ft. from LC to A-6.
(Ward 3, District 1) (ZC05-07-047) (Zoning Commission approved 7/12/2005) (Stefancik/President)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the north side of Three Rivers Road, east of Charlie Street, west of Bravo Street, containing 57,600 square feet, from LC Light Commercial to A-6 General Multi Family Residential.

    4) Ord. Cal. No. 3134 - Ordinance amending zoning of 57,600 sq. ft. from SA to A-6.
(Ward 3, District 1) (ZC05-07-048) (Zoning Commission approved 7/12/2005) (Stefancik/President)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the west side of Bravo Street, north of 11th Street, east of Charlie Street, south of 10th Avenue, containing 57,600 square feet, from SA Suburban Agricultural to A-6 General Multi Family Residential.

    5) Ord. Cal. No. 3136 - Ordinance to revoke a portion of Highland Drive right-of-way in Piney Ridge Park Subdivision, west of Slidell. (Ward 9, District 11) (Stefancik/President)

    6) Ord. Cal. No. 3137 - Ordinance amending the 2005 Operating Budget. (Stefancik/President)

    7) Ord. Cal. No. 3138 - Ordinance providing for levy of two percent (2%) sales and use tax effective December 1, 2006. (Stefancik/President)

    Ordinance providing for the levy within Sales Tax District No. Three of St. Tammany, effective December 1, 2006, of a two percent (2%) sales and use tax upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, of tangible personal property and upon the sale of services in said District, providing for the assessment, collection, payment thereof and the dedication of the proceeds of said tax and the purpose for which the proceeds of the tax may be expended, such tax having been authorized at a special election held in the District on July 16, 2005.



                                     Parish Council Regular Meeting
                                    August 4, 2005
                                    Page 3

    8) Ord. Cal. No. 3139 - Ordinance authorizing Parish President to accept dedication and donation of property. (Ward 8, District 14) (Stefancik/President)

    Ordinance authorizing the Parish President to accept the Act of Dedication and Donation of Industrial Drive, Mechanical Bouelvard, Mechanical Drive and Production Drive, located in Johnny F. Smith Memorial Business Park, and to include same in the Parish Road Maintenance System.

    9) Ord. Cal. No. 3140 - Ordinance to amend Parish Code, Chapter 20, Article III, to add a new section creating Lighting District No. 14 for Ashton Oaks Subdivision, Phases 1 through 4. (Ward 8, District 9) (Bagert)

RESOLUTIONS

    10) Resolution C.S. No. C-1486 - Resolution to approve ND 2025 - Small Area and Corridor Plan for northern half of Ward 1. (Dean)

    Resolution to approve New Directions 2025 - Small Area and Corridor Plan for the Northern Half of Ward 1 and to amend the Future Land Use Plan of the Comprehensive Plan for St. Tammany, including the supporting maps and guiding text document.

    11) Resolution C.S. No. C-1487 - Resolution establishing warranty obligations.
(Stefancik/President)

W A R R A N T Y

NAME OF SUBDIVISION RECOMMENDATION

WINDERMERE S/D, PHASE 3                RELEASE L. O. C.
AMOUNT: $28,300                        TO BE BROUGHT INTO THE PARISH
EXPIRES: AUGUST 10, 2005                MAINTENANCE SYSTEM
WARD 1, DISTRICT 1

TUSCANY S/D                        RELEASE L. O. C.
AMOUNT: $58,300                        TO BE BROUGHT INTO THE PARISH
EXPIRES: SEPTEMBER 13, 2005            MAINTENANCE SYSTEM
WARD 8, DISTRICT 9

    12) Resolution C.S. No. C-1488 - Resolution to concur/not concur with Slidell annexation.
(Ward 8, District 13) (Stefancik/President)

    Resolution to concur/not concur with City of Slidell annexation and rezoning of 18,000 sq. ft. of land at the corner of Kisatchie and Tyler Drive, Robbert Park Subdivision, from Parish A-4 Single Family Residential to City of Slidell C-2 Neighborhood Commercial.


                                     Parish Council Regular Meeting
                                    August 4, 2005
                                    Page 4

    13) Resolution C.S. No. C-1489 - Resolution authorizing Parish President to enter a Cooperative Endeavor Agreement with State of Louisiana for maintenance of certain facilities on the Pearl River Navigational Canal. (Singletary)

    14) Resolution C.S. No. C-1490 - Resolution providing for canvassing the returns and declaring the result of the special election held in Sales Tax District No. Three on July 16, 2005 and to authorize the levy of sales and use tax therein. (Stefancik/President)

    15) Resolution C.S. No. C-1491 - Resolution providing for canvassing the returns and declaring the result of special elections in Lighting District No. 9 and Lighting District No. 10 on July 16, 2005 to authorize the levy of service charges. (Stefancik/President)

    16) Resolution C.S. No. C-1492 - Resolution giving preliminary approval to issuance of $14,000,000 of Sales Tax Refunding Bonds, Series 2005 (Jail); providing certain terms, making application to State Bond Commission, and for other matters therewith. (Stefancik/President)

    17) Resolution C.S. No. C-1493 - Resolution giving preliminary approval to issuance of $31,000,000 of Sales Tax Refunding Bonds, Series 2005 (Justice Complex); providing certain terms, making application to State Bond Commission, and for other matters therewith. (Stefancik/President)

    18) Resolution C.S. No. C-1494 - Resolution authorizing and directing publication in the official journal of a summary of Engineering and Economic Feasibility Report in accordance with Section 5-08 of the Home Rule Charter. (Stefancik/President)

    19) Resolution C.S. No. C-1495 - Resolution accepting and approving the “St. Tammany Parish Library-Library Facilities Recommendations”, designating purposes for which proceeds of a proposed bond issue will be budgeted, and for other matters therewith. (Stefancik/President)

    20) Resolution C.S. No. C-1496 - Resolution ordering and calling a special election November 12, 2005 to authorize incurring of debt and issuance of bonds of special tax (Parish Library); making application to State Bond Commission, and for other matters therewith. (Stefancik/President)

    21) Resolution C.S. No. C-1497 - Resolution to amend Ord. C.S. No. 04-0988, the 2005-2009 Capital Improvement Budget and Program, Fixed Asset and Grant Awards. (Stefancik/President)

END OF CONSENT CALENDAR


                                     Parish Council Regular Meeting
                                    August 4, 2005
                                    Page 5

APPEALS

    1) Bill Magee, Attorney for owners Bill and Shari Karanas, appealing the Zoning Commission DENIAL on April 5, 2005 for issuance of a conditional use permit for a 7,877 square foot Maternity Home to be located on the south side of Highway 1088, west of Forest Brook Boulevard, in an SA Suburban Agriculture District. (Ward 4, District 7)(CP05-02-017)
(TABLED 5/5/2005 through 7/7/2005)

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.

    2) Richard C. Meyer for developer Paloma Pines, Ltd., appealing the Planning Commission DENIAL on July 12, 2005 of Preliminary Subdivision Review for Paloma Pines.
(Ward 3, District 2) (SD 04-11-031P)

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

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



                                     Parish Council Regular Meeting
                                    August 4, 2005
                                    Page 6

ORDINANCES FOR ADOPTION

(Public Hearing)

    1) Ord. Cal. No. 3092 As Amended - Ordinance amending zoning of Red Gap Acres from SA to A-2. (Ward 3, Districts 3 & 5) (ZC 05-05-027) (Zoning Commission approved 5/3/2005) (Reintroduced as amended 7/7/2005)

    Ordinance amending the official zoning map of St. Tammany to reclassify that property commonly known as Red Gap Acres, comprising any and all squares and lots which abut, in whole or in part, Soell Drive, Mire Drive, Casril Drive, Parker Drive and Hunt Drive, from SA (Suburban Agricultural) to A-2 (Suburban), less and except Lots 55, 56 and 58 in S-12, T-7-S, R-11-E.

    2) Ord. Cal. No. 3106 - Ordinance to amend Parish Code to authorize administrative approval of conditional use permits for mobile homes in a subdivision that received prior Council approval. (Introduced 6/2/2005) (TABLED 7/7/2005)

    Ordinance to amend Parish Code, Appendix C, Land Use Ord. 523, Section 3.03 Minimum Standards, Paragraph R, Manufactured Homes or Mobile Homes, subparagraph 5, Waiver of Public Hearing, to enact a new subparagraph 5b to authorize administrative approval of conditional use permits for mobile homes in subdivisions that received prior Council consideration and approval for issuance of an administrative permit, to reenact existing subparagraph 5b as subparagraph 5c.

    3) Ord. Cal. No. 3109 - Ordinance to rename Oak Harbor Boulevard East as Lakeshore Boulevard East. (Ward 9, District 13) (Introduced 6/2/2005) (TABLED 7/7/2005)

        

    4) Ord. Cal. No. 3110 - Ordinance to rename Harbor Center Boulevard as Lakeshore Boulevard North. (Ward 9, District 13) (Introduced 6/2/2005) (TABLED 7/7/2005)

    5) Ord. Cal. No. 3111 - Ordinance amending zoning of 1.588 acres from Rural to C-2.
(Ward 6, District 6) (ZC 05-06-037) (Zoning Commission approved 6/7/2005)(Introduced 7/7/2005)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the southeast corner of Highway 435 and Hillcrest Blvd., west of Par Street, being Lots 1 & 2, Sq. 9, Hillcrest Country Club, containing 1.588 acres, from R Rural to C-2 Highway Commercial.

    6) Ord. Cal. No. 3112 - Ordinance amending zoning of 1.32 acres from A-2 to C-2.
(Ward 3, District 5) (ZC 05-06-038) (Zoning Commission approved 6/7/2005) (Introduced 7/7/2005)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the north side of 14th Street, south of 13th Street, being Squares 134 and 135, Town of Alexiusville, containing 1.32 acres, from A-2 Suburban to C-2 Highway Commercial.


                                     Parish Council Regular Meeting
                                    August 4, 2005
                                    Page 7

    7) Ord. Cal. No. 3113 - Ordinance amending zoning of 4.63 acres from SA to C-2.
(Ward 7, District 7) (ZC 05-06-039) (Zoning Commission approved 6/7/2005)(Introduced 7/7/2005)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the east side of Highway 434, south of I-12, containing 4.63 acres, from SA Suburban Agriculture to C-2 Highway Commercial.

    8) Ord. Cal. No. 3114 As Amended - Ordinance amending zoning of 270.651 acres from C-2, M-1 and M-2 to a PUD. (Ward 9, District 13) (ZC 05-06-041) (Zoning Commission approved 6/7/2005) (Introduced as amended 7/7/2005)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the east side of I-10 Service Road, containing 270.651 acres, from C-2 Highway Commercial, M-1 Light Industrial and M-2 Intermediate Industrial to a PUD Planned Unit Development.

    9) Ord. Cal. No. 3115 - Ordinance to amend the Parish Code, Chapter 2, Sec. 2-009.00, Parish Fees and Service Charges, to include Subsection G(1) for the cost and production of maps obtained from the Department of Management Information Services. (Introduced 7/7/2005)

    10) Ord. Cal. No. 3116 - Ordinance to amend Parish Code, Appendix B, Subdivision Reg. Ord. 499, Section 40-020.0 Exemptions (minimum parcel size and road frontage). (Planning Commission approved 6/14/2005) (Introduced 7/7/2005)

    11) Ord. Cal. No. 3117 - Ordinance to amend Parish Code, Chapter 2, Sec. 2-009.00, Parish Fees and Service Charges, Appendix B, Subdivision Reg. Ord. 499, and Appendix C, Land Use Ord. 523, relative to Transportation Impact Analysis Regulations. (Introduced 7/7/2005) (ZC04-09-078) (Zoning/Planning Commission approved 7/12/2005)

    12) Ord. Cal. No. 3118 - Ordinance to correct the Parish Road Inventory to include Harbor Center Boulevard. (Ward 9, District 13) (Introduced 7/7/2005)

    13) Ord. Cal. No. 3119 - Ordinance accepting finalized subdivisions into Parish Road & Drainage Inventories, specifically Tallow Creek, Phase 1D; Allison Park, Phase 2; Kingspoint, Phase 8Q7; Fairfield Oaks, Phase 2; and Forest Brook, Phase 4C3. (Wards 1, 7 & 8, Districts 1, 6 & 13) (Introduced 7/7/2005)

    14) Ord. Cal. No. 3120 - Ordinance amending Ord. C.S. No. 05-1101, which accepted various subdivisions into the Parish Road & Drainage Inventory, to provide for clerical corrections. (Wards 8 & 9, Districts 8 & 12) (Introduced 7/7/2005)


                                     Parish Council Regular Meeting
                                    August 4, 2005
                                    Page 8

    15) Ord. Cal. No. 3121 - Ordinance to amend Parish Code to include requirements relating to any and all real estate transfers. (Introduced 7/7/2005)

    16) Ord. Cal. No. 3122 - Ordinance to ratify action of Parish President to accept donation of property, machinery and equipment related to the Sewerage and Water Distribution System in Taylor Trace Development. (Ward 8, District 13) (Introduced 7/7/2005)

    17) Ord. Cal. No. 3123 - Ordinance to rename Oakie Bob Road as Wonie Cousin Road.
(Ward 7, District 7) (Introduced 7/7/2005)

    18) Ord. Cal. No. 3124 -Ordinance amending zoning of 60.112 acres from SA to PUD.
(Ward 3, District 5) (ZC 05-05-033) (Zoning Commission approved 5/3/2005) (Introduced from appeal 7/7/2005)

    Ordinance amending the official zoning map of St. Tammany to reclassify land south of 3rd Avenue, north of I-12, containing 60.112 acres, from SA Suburban Agricultural to PUD Planned Unit Development.

    19) Ord. Cal. No. 3125 - Ordinance amending zoning of 2.735 acres from M-2 to C-2.
(Ward 4, District 5) (ZC 05-06-042) (Introduced from appeal 7/7/2005)

    Ordinance amending the official zoning map of St. Tammany to reclassify land on the northwest corner of Highway 59 and Dove Park Road, containing 2.735 acres, from M- 2 Intermediate Industrial to C-2 Highway Commercial.

    20) Ord. Cal. No. 3126 - Ordinance amending zoning of 20,000 sq. ft. from A-3 to C-1.
(Ward 4, District 5) (ZC 05-06-043) (Introduced from appeal 7/7/2005)

    Ordinance amending the official zoning map of St. Tammany to reclassify land at the southeast corner of Highway 59 and Bulldog Drive (Lot 8, DeVal Estates), containing 20,000 sq. ft., from A-3 Suburban to C-1 Neighborhood Commercial.

    21) Ord. Cal. No. 3128 - Ordinance to impose a six (6) month moratorium on building permits for a portion of Highway 59 in Ward 3, District 5. (Introduced 7/7/2005)

    Ordinance to impose a six (6) month moratorium on issuance of permits for construction or placement of building structures on property that abuts Highway 59, or is located within a distance of 200 feet of the centerline of said Highway, and which property, being situated along said Highway, is in the area between the north side of Highway 1088 and the south side of I-12.


                                     Parish Council Regular Meeting
                                    August 4, 2005
                                    Page 9

    22) Ord. Cal. No. 3129 - Ordinance authorizing Parish President to accept dedication and donation of property. (Ward 4, District 7) (Introduced 7/7/2005)

    Ordinance authorizing the Parish of St. Tammany, through the office of the Parish President, to accept the Act of Dedication and Donation of Marion Lane, Commercial Way North and Commercial Way South, in Alamosa Park, Phase II, and to include same into the Road Maintenance System.

    23) Ord. Cal. No. 3130 - Ordinance to amend Parish Code, Chapter 14, to prohibit placing clippings or trimmings of grass, hedge, shrub, landscape plant or trees onto roadway drainage ditches. (Introduced 7/7/2005)

    Ordinance amending and reenacting St. Tammany Parish Code of Ordinances, Chapter 14, Nuisances, Article I, Section 14-002.00(B), Section 14-002.00(R), and Section 14- 009.00, to prohibit the placing, throwing, sweeping, depositing or blowing of grass clippings and trimmings or clippings from hedges, shrubs, or other landscaping plants or trees onto a roadway drainage ditch, and otherwise provide with respect thereto.