PUBLISHED SEPTEMBER 28, 2006 - POSTED AT PARISH COMPLEX BY OCTOBER 2, 2006
AGENDA
ST. TAMMANY PARISH COUNCIL MEETING
THURSDAY, OCTOBER 5, 2006 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
Joe Impastato
Chris Canulette
Barry D. Bagert
Henry Billiot
Jerry Binder
Joe “Coach” Thomas
Ken Burkhalter
PRESENTATIONS
1) Mike Sasser, Public Information Coordinator, Ventura Consulting Services, Inc., to report on I-10 Twin Span Bridge Replacement Project. (Stefancik)
2) Ralph O’Neal, Chairman of St. Tammany SALT Council, to report on Seniors/Special Needs Evacuation Notification System (SENS). (Dean)
CONSENT CALENDAR
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 September 7, 2006
Special Council Meeting September 27, 2006
Council Committee Meeting September 27, 2006
ORDINANCES FOR INTRODUCTION
(Public Hearing November 2, 2006)
1) Ord. Cal. No. 3387 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the north side of Highway 22, west of Kathman Drive (Lot 25, Sq. 13, Live Oak Hills), containing 30,100 sq. ft., from Rural to C-1 Neighborhood Commercial. (Ward 1, District 1) (ZC06-09-082) (Zoning Commission approved 9/5/06) (Stefancik/Davis)
2) Ord. Cal. No. 3388 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the north side of Highway 22, west of Perrilloux Road, east of Highway 1085, containing 35.379 acres, from Rural to A-4 Single Family Residential. (Ward 1, District 1)
(ZC06-09-083) (Zoning Commission approved 9/5/06) (Stefancik/Davis)
3) Ord. Cal. No. 3389 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the southeast corner of Highway 36 and Josephine Street, containing 1.5 acres, from SA Suburban Agricultural and M-1 Light Industrial to C-2 Highway Commercial.
(Ward 3, District 3) (ZC06-09-084) (Zoning Commission approved 9/5/06) (Stefancik/Davis)
Parish Council Meeting October 5, 2006 Page 2
4) Ord. Cal. No. 3390 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the southwest corner of Highway 59 and Dupard Street, containing 26,011.44 sq. ft., from A-2 Suburban to LC Light Commercial. (Ward 4, District 10) (ZC06-09-086)
(Zoning Commission approved 9/5/06) (Stefancik/Davis)
5) Ord. Cal. No. 3391 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the north side of North Parkline Boulevard, north of Brown’s Village Road, containing 37.11 acres, from SA Suburban Agricultural to M-1 Light Industrial.
(Ward 9, Districts 6 & 14) (ZC06-09-087) (Zoning Commission approved 9/5/06) (Stefancik/Davis)
6) Ord. Cal. No. 3392 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the west side of Highway 21, north of Dummy Line Road, south of Lalanne Road, containing 7,000 sq. ft., from SA Suburban Agricultural to LC Light Commercial.
(Ward 1, District 1) (ZC06-09-088) (Zoning Commission approved 9/5/06) (Stefancik/Davis)
7) Ord. Cal. No. 3393 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the east side of Salmen Avenue, north of Sixth Street and Brown’s Village Road, containing 76.89 acres, from SA Suburban Agricultural to PUD (Planned Unit Development).
(Ward 9, District 6) (ZC06-09-089) (Zoning Commission approved 9/5/06) (Stefancik/Davis)
8) Ord. Cal. No. 3394 - Ordinance to amend Parish Code, Chapter 18, to enact Article IX, providing a formal Incentive Policy for St. Tammany Parish for implementing the future economic growth of the Parish. (Stefancik/Davis)
9) Ord. Cal. No. 3395 - Ordinance to revoke a portion of Jackson Street right-of-way in the Town of Mandeville Subdivision. (Ward 4, District 10) (Planning Commission approved 9/12/06) (Stefancik/Davis)
10) Ord. Cal. No. 3396 - Ordinance to adopt Voluntary Developmental Agreement between Parish and Pontchartrain Oaks Estates, LLC, developer of Pontchartrain Oaks Estates Subdivision.
(Ward 1, District 1) (Planning Commission approved 9/12/06) (Stefancik/Davis)
11) Ord. Cal. No. 3397 - Ordinance amending the 2006 Operating Budget. (Stefancik/Davis)
12) Ord. Cal. No. 3398 - Ordinance to correct the Road Inventory to include an extension of Fourth Street and an extension of Fifth Street. (Ward 9, District 14) (Stefancik/Davis)
13)Ord. Cal. No. 3399 - Ordinance to extend for an additional six (6) months the moratorium on issuance of building permits for construction or placement of building structures within a portion of Cypress Park Subdivision and a portion of surrounding areas in Ward 7, District 7. (Impastato)
14) Ord. Cal. No. 3400 - Ordinance to extend for an additional six (6) months the moratorium on issuance of permits for construction or placement of building structures on certain properties within unincorporated St. Tammany abutting, in whole or in part, a portion of the East I-10 Service Road in Ward 8, District 8. (Canulette)
15) Ord. Cal. No. 3401 - Ordinance to extend for an additional six (6) months the moratorium on issuance of permits for construction or placement of building structures on property within Dove Park Subdivision in Ward 4, District 5. (Gould)
16) Ord. Cal. No. 3402 - Ordinance to extend for an additional six (6) months the moratorium on receipt of submissions for rezoning or resubdivision of property west of Highway 11 and South of Interstate 12 in Ward 9, District 14. (Burkhalter)
Parish Council Meeting October 5, 2006 Page 3
17) Ord. Cal. No. 3403 - Ordinance to extend for an additional six (6)months the moratorium on issuance of permits for construction or placement of building structures on property in a portion of Pineview Heights Subdivision and a portion of surrounding areas in Ward 4, District 5. (Gould)
18) Ord. Cal. No. 3404 - Ordinance to extend for an additional six (6) months the moratorium on issuance of building, occupancy or occupational permits or licenses by any parish department or agency for any pain management center/clinic, whose primary focus or concentration is the prescribing and/or dispensing of pain medication to individuals with complaints of chronic pain, which is unaffiliated with any hospital, hospice and/or facility for the treatment of the terminally ill in unincorporated St. Tammany Parish. (Binder)
19) Ord. Cal. No. 3405 - Ordinance to amend Parish Code, Chapter 18, by adding a new Section 18-085.00 for creation of the Colonial Pinnacle Community Development District. (Dean)
RESOLUTIONS
20) Resolution 1864 - Resolution to concur/not concur with Town of Abita Springs annexation and rezoning of 150.45 acres in Sections 5 & 8, Township 7 South, Range 12 East, from Parish Rural & SA Suburban Agricultural to Town of Abita Springs Highway Commercial & Historic Residential PUD. (Wards 10/4, District 7) (Tabled 9/7/06) (Impastato)
21) Resolution 1899 - Resolution amending Resolution C-1678, adopted April 06, 2006, not concurring with Town of Pearl River annexation, to concur with the annexation and rezoning of 2.5 acres located at the southeast corner of Highway 1090, Military Road, and the Southern Railway ROW East of Highway 11, from Parish Rural to Town of Pearl River B-2 Highway Commercial District. (Ward 8, District 9) (Bagert)
22) Resolution 1900 - Resolution to amend Ordinance C. S. No. 05-1205, the 2006-2010 Capital Improvement Budget and Program, to make changes to the Council District 10 Road List, to include Greenleaves Trace Bike Path. (Billiot)
23) Resolution 1901 - Resolution to amend Ord. C.S. No. 05-1205, the 2006-2010 Capital Improvement Budget and Program, to make changes to the Council District 7 Road List, to include West Avenue Bridge. (Impastato)
24) Resolution 1902 - Resolution establishing Warranty Obligations. (Stefancik/Davis)
NAME OF SUBDIVISION RECOMMENDATION
BROOKSTONE S/D, PH3 EXTEND FOR ONE (1) YEAR
AMOUNT: $26,300 OR UNTIL WORK IS
EXPIRES: NOVEMBER 4, 2006 SATISFACTORILY ACCOMPLISHED
WARD: 4 DISTRICT: 5
BEAU ARBRE S/D, PHASE 1 EXTEND FOR ONE (1) YEAR
AMOUNT: $28,700 OR UNTIL WORK IS
EXPIRES: NOVEMBER 5, 2006 SATISFACTORILY ACCOMPLISHED
WARD: 1 DISTRICT: 1
AUTUMN HAVEN S/D EXTEND FOR ONE (1) YEAR
AMOUNT: $70,700 OR UNTIL WORK IS
EXPIRES: NOVEMBER 8, 2006 SATISFACTORILY ACCOMPLISHED
WARD: 7 DISTRICT: 7
PENN MILL LAKES S/D, PH 2B EXTEND FOR ONE (1) YEAR
AMOUNT: $64,600 OR UNTIL WORK IS
EXPIRES: NOVEMBER 8, 2006 SATISFACTORILY ACCOMPLISHED
WARD: 3 DISTRICT: 3
Parish Council Meeting October 5, 2006 Page 4
Warranty Obligations continued:
NAME OF SUBDIVISION RECOMMENDATION
SOUTH RIDGE S/D RELEASE UPON EXPIRATION
AMOUNT: $2,400 PRIVATE S/D
EXPIRES: NOVEMBER 23, 2006
WARD: 2 DISTRICT: 2
PENN MILL LAKES S/D, PH 2-A-2 RELEASE L.O.C
AMOUNT: $5,500 TO BE BROUGHT INTO THE
EXPIRES: APRIL 12, 2007 SELECTIVE PARISH
WARD: 3 DISTRICT: 3 MAINTENANCE SYSTEM
TCHEFUNCTE TRACE SOUTH, PH 2 RELEASE L.O.C
AMOUNT: $10,200 PRIVATE S/D
EXPIRES: OCTOBER 28, 2006
WARD: 1 DISTRICT: 1
25) Resolution C.S. No. C-1903 - Resolution to concur/not concur with Town of Pearl River annexation and rezoning of 13.52 and 2.426 acre parcels located at 40257 Highway 11 from Parish Rural to Town of Pearl River R-1 Rural. (Ward 8, District 6) (Stefancik/Davis)
26) Resolution C.S. No. C-1904 - Resolution to concur/not concur with City of Slidell annexation and rezoning of 25.2 acres located north of Highway 190 West, adjacent to Grand Theater site on the east, from Parish C-2 Highway Commercial to City of Slidell C-4 Highway Commercial.
(Ward 9, District 11) (Stefancik/Davis)
27) Resolution C.S. No. C-1905 - Resolution to amend Ord. C.S. No. 05-1205, the 2006-2010 Capital Improvement Budget and Program, Fixed Asset and Grant Awards. (Stefancik/Davis)
28) Resolution C.S. No. C-1906 - Resolution to amend Ord. C.S. No. 05-1205, the 2006-2010 Capital Improvement Budget and Program, Fixed Asset and Grant Awards. (Stefancik/Davis)
29) Resolution C.S. No. C-1907 - Resolution authorizing the CAO to execute an Agreement with La. DOTD for improvements at the St. Tammany Regional Airport. (Stefancik/Davis)
30) Resolution C.S. No. C-1908 - Resolution of support for Southeast Louisiana Veterans Cemetery. (Impastato)
31) Resolution C.S. No. C-1909 - Resolution calling a Public Hearing in connection with the creation of a Community Development District within an area of Council District 1. (Dean)
32) Resolution C.S. No. C-1910 - Resolution requesting the Governor and the Louisiana Recovery Authority to grant the Finance Authority of St. Tammany $50,000,000 in CDBG funds, directly or through the Parish of St. Tammany, for use in a residential home loan program. (Stefancik/Davis)
END OF CONSENT CALENDAR
Parish Council Meeting October 5, 2006 Page 5
APPEALS
(Ward 1, District 1) (ZC06-07-064) (Applicant Leroy Cooper) (Tabled 8/3/06 and 9/7/06)
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.
(Ward 7, District 7) (ZC06-07-033) (Applicant William Magee) (Tabled 8/3/06 and 9/7/06)
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.
(Tabled 9/7/06)
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.
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.
REHEARING ON APPEAL REFERRED BACK TO ZONING COMMISSION AUGUST 3, 2006:
(Referred back to Zoning Commission 8/3/06)
THE ZONING COMMISSION ON SEPTEMBER 5, 2006 APPROVED APPLICANT’S AMENDED REQUEST TO REZONE THE 5.214 ACRES FROM RURAL TO C-1 IN LIEU OF C-2.
Note: To concur with Zoning approval of c-1, 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.
Parish Council Meeting October 5, 2006 Page 6
ORDINANCES FOR ADOPTION
(Public Hearing)
1) Ord. Cal. No. 3289 As Amended - Ordinance to amend Parish Code, Chapter 9, Garbage and Trash, to establish rules and procedures for licensing, collection, storage, hauling, transfer, disposal and diversion of solid waste, and for enforcement and penalties within unincorporated St. Tammany. (Reintroduced 8/3/06) (Tabled pending further amendments 9/7/06)
2) Ord. Cal. No. 3354 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the north side of Highway 1088, east of I-12, containing 60 acres, from Rural and A-4 (Single Family Residential) to ID (Institutional). (Ward 4, District 7) (ZC06-07-062)
(Zoning Commission approved 8/1/06) (Introduced 9/7/06)
3) Ord. Cal. No. 3355 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the east side of Highway 59, south of Crain Street (Lots 1, 2, 27, 28, Sq. 1, Abita Springs Terrace), containing 12,000 sq. ft., from SA Suburban Agricultural to C-2 Highway Commercial. (Ward 4, District 7) (ZC06-08-067) (Zoning Commission approved 8/1/06)
(Introduced 9/7/06)
4) Ord. Cal. No. 3356 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the south side of Robert Road, east of I-59, containing 3.094 acres, from A-3 Suburban to A-2 Suburban. (Ward 8, District 9) (ZC06-08-069)
(Zoning Commission approved 8/1/06) (Introduced 9/7/06)
5) Ord. Cal. No. 3357 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the north side of Pine Street, east of Highway 59 (Lots 14, 16, 18, 20, 22, 24, 26, Sq. 38, Abita Springs Annex), containing 17,500 sq. ft., from SA Suburban Agricultural to C-2 Highway Commercial. (Ward 4, District 7) (ZC06-08-071) (Zoning Commission approved 8/1/06) (Introduced 9/7/06)
6) Ord. Cal. No. 3358 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the south side of Cane Avenue, east of Pearl Street (Lots 8-16, Sq. 26, Pearl Acres Subdivision), containing 41,649 sq. ft., from A-3 Suburban to LC Light Commercial.
(Ward 8, District 8) (ZC06-08-074) (Zoning Commission approved 8/1/06) (Introduced 9/7/06)
7) Ord. Cal. No. 3359 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the north side of Highway 22, east of Autumn Creek Drive, containing 1.05 acres, from Rural to PUD (Planned Unit Development). (Ward 1, District 1) (ZC06-08-077)
(Zoning Commission approved 8/1/06) (Introduced 9/7/06)
8) Ord. Cal. No. 3360 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the south side of Highway 1085, north of I-12, west of Highway 1077, containing 57.35 acres, from Rural to M-2 Intermediate Industrial. (Ward 1, District 1) (ZC06-08-078)
(Zoning Commission approved 8/1/06) (Introduced 9/7/06)
9) Ord. Cal. No. 3361 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the east side of Dupre Street, north of Highway 190, containing 1.05 acres, from A-2 Suburban to A-4 Single Family Residential. (Ward 4, District 7) (ZC06-08-079)
(Zoning Commission approved 8/1/06) (Introduced 9/7/06)
10) Ord. Cal. No. 3362 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the east side of Dupre Street, north of Highway 190, containing 1.046 acres, from SA Suburban Agricultural to A-4 Single Family Residential. (Ward 4, District 7) (ZC06-08-080) (Zoning Commission approved 8/1/06) (Introduced 9/7/06)
Parish Council Meeting October 5, 2006 Page 7
11) Ord. Cal. No. 3364 - Ordinance to impose six (6) month moratorium on permits for construction or placement of building structures on Eola, Jordan and Elmer Streets, located west of Soult Street, and on submission of application to enter the Parish rights of way for extending, opening and/or constructing any unopened portion of said streets. (Introduced 9/7/06)
12) Ord. Cal. No. 3365 - 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 certain portion of Highland Park Subdivision in District 12. (Introduced 9/7/06)
13) Ord. Cal. No. 3366 - Ordinance to extend for an additional six (6) months the moratorium on issuance of permits for construction or placement of building structures on certain property within unincorporated St. Tammany abutting a portion of Highway 190. (Districts 5 &10)(Introduced 9/7/06)
14) Ord. Cal. No. 3367 - Ordinance to revoke a portion of 1st Avenue right of way located in the Birg Boulevard Subdivision. (Ward 3, District 5) (Planning Commission approved 8/8/06)
(REV06-08-009) (Introduced 9/7/06)
15) Ord. Cal. No. 3368 - Ordinance to correct the Parish Road Inventory to include Ozone Street, an extension of Rapatel Street, and a portion of Molitor Street. (Ward 4, District 7) (Introduced 9/7/06)
16) Ord. Cal. No. 3369 - Ordinance to amend Ord. C.S. No. 06-1246 to remove Tchefuncte South, Phase 1-A, from subdivisions being accepted into the Parish Maintenance System.
(Introduced 9/7/06)
17) Ord. Cal. No. 3370 - Ordinance authorizing the Parish President to purchase Lots 3 & 4, Section D, Square 93, Alexiusville Subdivision, in connection with the extension of Falconer Drive. (Ward 3, District 5) (Introduced 9/7/06)
18) Ord. Cal. No. 3372 - Ordinance to amend and reenact Parish Code, Chapter 15, Article XIV, regulating the use of air boats in St. Tammany. (Introduced 9/7/06)
19) Ord. Cal. No. 3373 - Ordinance establishing “No Parking” zone on both sides of Brookter Road. (Ward 8, District 14) (Introduced 9/7/06)
20) Ord. Cal. No. 3376 - Ordinance to impose 6 month moratorium on building permits within a portion of Tammany Hills and Ingram Estates Subdivisions. (Ward 3, District 5)(Introduced 9/7/06)
21) Ord. Cal. No. 3377 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the east side of Highway 1077, north side of I-12, containing 7.23 acres, from SA Suburban Agricultural to C-2 Highway Commercial. (Ward 1, District 1) (ZC06-08-075)
(Introduced from appeal 9/7/06)
22) Ord. Cal. No. 3378 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the south side of Little Creek Road, north of I-12, containing 25.8 acres, from SA Suburban Agricultural to PUD (Planned Unit Development). (Ward 4, District 7) (ZC06-08-060) (Introduced from appeal 9/7/06)
23) Ord. Cal. No. 3379 - Ordinance to extend for additional six (6) months the moratorium on building permits on properties abutting, in whole or in part, Tantella Ranch Road, and properties abutting, in whole or in part, Highway 1077 from Highway 190 to the Parish line, and which properties use said roadways for ingress to and egress. (Ward 1, District 1) (Introduced 9/7/06)
24) Ord. Cal. No. 3380 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the east side of Highway 1077 and Tantella Ranch Road, north of Magee Road, containing 254.74 acres, from SA (Suburban Agricultural) to PUD (Planned Unit Development).
(Ward 1, District 1) (ZC06-06-047) (Zoning Commission approved 9/5/06) (Pre-Introduced 9/7/06)
Parish Council Meeting October 5, 2006 Page 8
25) Ord. Cal. No. 3381 - Ordinance to accept highest bid at public auction and authorize sale of surplus property (Lot 18, Sq. 4, Centennial Park) to Lutre Pichon. (Ward 9, District 11)
(Introduced 9/7/06)
26) Ord. Cal. No. 3382 - Ordinance to amend the Operating Agreement governing procedures for annexation and related growth management issues between the Parish and the Town of Pearl River. (Introduced 9/7/06)
27) Ord. Cal. No. 3383 - Ordinance authorizing Parish President to accept dedication and donation of two parcels of land at Guste Island Road a/k/a Port Louis Road and include same in Road Maintenance System. (Introduced 9/7/06)
28) Ord. Cal. No. 3384 - Ordinance authorizing Parish President to abandon an apparent servitude of drainage. (Introduced 9/7/06)
29) Ord. Cal. No. 3408 - Ordinance approving a Sales Tax Enhancement Plan between the Parish, Sales Tax District No. 3, and the City of Slidell for the sharing of sales tax revenue on annexed property, and authorizing the Parish President to execute same. (Introduced 9/27/06)
APPOINTMENTS
1) Resolution to appoint Irma Cry to replace Lucy Colclough (resigned) on the East Florida Parishes Retirement District. (Parishwide) (Stefancik)
EXECUTIVE SESSION
Executive Session regarding lawsuit entitled “Lonesome Development, L.L.C., et al vs. St. Tammany Parish”, 22nd JDC No. 2005-14491. (Postponed 8/3/06) (Legal Counsel)