PUBLISHED
SEPTEMBER 27, 2007 - POSTED AT PARISH COMPLEX BY OCTOBER 2, 2007
AGENDA
ST.
TAMMANY PARISH COUNCIL MEETING
THURSDAY,
OCTOBER 4, 2007 AT 6:00 P.M.
ST.
TAMMANY GOVERNMENT COMPLEX
21490
KOOP DRIVE, MANDEVILLE, LA.
Call
to Order by Honorable Barry Bagert, Chairman
Invocation
by
Pledge
of Allegiance by
Roll Call: Marty Dean
Russell Fitzmorris
James A. “Red” Thompson
Patricia P. Brister
Marty Gould
Gary Singletary
Barry Bagert
Al Hamauei
Chris Canulette
Henry Billiot
Steve Stefancik
Jerry Binder
Joe “Coach” Thomas
Ken Burkhalter
PUBLIC
HEARING - BOARD OF REVIEW
In accordance with the provisions of La. R.S.
47:1992, the St. Tammany Parish Council hereby convenes in public session as a
Board of Review to entertain complaints and/or appeals from any person
aggrieved by the assessments levied against movable and immovable property.
The Parish Council and the Assessor of St. Tammany
Parish have duly advertised notice of this public hearing in accordance with
law. The deadline for receipt of appeals
by taxpayers to the Board of Review was 4:00 p.m. September 27, 2007. If no appeals were lodged by this date, or
appeals were lodged but resolved through the Parish Assessor’s Office, the
period of review will automatically expire and terminate without the need for
the Parish Council to reconvene to so declare.
Board of Review call for unresolved appeals:
PRESENTATIONS
1) Recognize “Dog-On-It Designs Embroidery”,
Covington, La., as October Business of the Month. (Fitzmorris)
2) Recognize “Arian Nursery & Preschool”,
Slidell, La., as October Business of the Month. (Burkhalter)
3) Lee Trent and Nathan Crowe with Vietnam Veterans
of America, St. Tammany Parish Chapter #697, regarding Vietnam Memorial Wall
coming to St. Tammany. (Binder)
Parish Council Meeting
October 4, 2007
Page 2
CONSENT
CALENDAR
(PAGE
2 THROUGH 6)
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 6, 2007
Special Council
Meeting September 26, 2007
Council Committee
Meeting September 26, 2007
ORDINANCES
FOR INTRODUCTION
(Public
Hearing November 1, 2007)
1) Ord. Cal. No. 3655 - Ordinance to extend the
Cypress Park moratorium. (Hamauei)
Ordinance to extend for an additional six (6) months
the moratorium on issuance of building permits for construction or placement of
building structures in a portion of Cypress Park Subdivision and a portion of
surrounding areas in Ward 7, District 7.
2) Ord. Cal. No. 3656 - Ordinance to extend the East
I-10 Service Road moratorium.
(Canulette)
Ordinance to extend for an additional six (6) months
the moratorium on issuance of building permits for construction or placement of
building structures on certain properties abutting, in whole or in part, a
portion of the East I-10 Service Road in unincorporated Ward 8, District 8.
3) Ord. Cal. No. 3657 - Ordinance to extend the
Highway 11/I-12 moratorium. (Burkhalter)
Ordinance to extend for an additional six (6) months
the moratorium on receipt of submissions by the Parish Zoning and Planning
Commissions for rezoning or resubdivision of property west of Highway 11 and
south of Interstate 12 in unincorporated Ward 9, District 14.
4) Ord. Cal. No. 3658 - Emergency ordinance to
impose a 30-day moratorium on issuance of permits for any construction
activities on, or improvements to, undeveloped property within a portion of Pineview Heights Subdivision and certain surrounding areas. (Ward 4, District
5) (Gould)
(SUSPEND
RULES AND ADOPT)
5) Ord. Cal. No. 3659 - Ordinance to extend the
moratorium on pain clinics. (Binder)
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.
Parish Council Meeting
October 4, 2007
Page 3
6) Ord. Cal. No. 3660 - Ordinance to extend the
moratorium in a portion of Ward 1. (Dean)
Ordinance to
extend for an additional six (6) months
the moratorium on the submission of applications to rezone property located
within the triangular shaped area bounded on the south by Highway 190, on the
east by Tchefuncte River, and on the west by St. Tammany Parish and Tangipahoa
Parish line in Ward 1, District 1.
7) Ord. Cal. No. 3661 - Ordinance establishing a “No
Thru Trucks” zone on Keys Road, Lalanne Road, and Dummyline Road. (Ward 1,
District 1) (Dean)
8) Ord. Cal. No. 3662 - Ordinance amending zoning of
4.29 acres from A-4 to C-3.
(Ward
1, District 1) (ZC07-05-025) (Zoning Commission approved 9/4/2007)
(Bagert/Davis)
Ordinance amending the official zoning map of St.
Tammany to reclassify land on the north side of Oschner Boulevard, west of
Highway 21, north of I-12, containing 4.29 acres, from A-4 Single Family
Residential to C-3 Planned Commercial Center.
9) Ord. Cal. No. 3663 - Ordinance amending zoning of
23.66 acres from SA to ID.
(Ward
4, District 5) (ZC07-08-051) (Zoning Commission approved 9/4/2007)
(Bagert/Davis)
Ordinance amending the official zoning map of St.
Tammany to reclassify land on the north side of Viola Street, east of Highway
59, containing 23.66 acres, from SA Suburban Agricultural to ID Institutional.
10) Ord. Cal. No. 3664 - Ordinance amending zoning
of 9.922 acres from A-2, A-3, A-4 and LC to C-2. (Ward 3, District 1)
(ZC07-09-053) (Zoning Commission approved 9/4/2007) (Bagert/Davis)
Ordinance amending the official zoning map of St.
Tammany to reclassify land on the north side of River Highlands Boulevard, west
of Highway 190, south of the Abita River, containing 9.922 acres from A-2
Suburban, A-3 Suburban, A-4 Single Family Residential and LC Light Commercial
to C-2 Highway Commercial.
11) Ord. Cal. No. 3665 - Ordinance amending zoning
of 1.9 acres from A-6 to C-2.
(Ward
9, District 13) (ZC07-09-055) (Zoning Commission approved 9/4/2007)
(Bagert/Davis)
Ordinance amending the official zoning map of St.
Tammany to reclassify land on the east side of Highway 11, north of North Shore
Circle, south of Eden Isles Drive, containing 1.9 acres, from A-6 General
Multiple Family Residential to C-2 Highway Commercial.
12) Ord. Cal. No. 3666 - Ordinance to correct the
Road Inventory to include South Factory Road, Oubre Street and an approximate
9240 foot extension of North Factory Road. (Wards 2 & 8, Districts 2 &
9) (Bagert/Davis)
Parish Council Meeting
October 4, 2007
Page 4
13) Ord. Cal. No. 3667 - Ordinance accepting
finalized subdivisions into the Road and Drainage Inventories, specifically Marigny Trace, Phase 6A, and Marigny Trace, Phase 6B.
(Ward
4, District 10) (Bagert/Davis)
14) Ord. Cal. No. 3668 - Ordinance amending Ord.
C.S. No. 07-1592 on levy of tax in Colonial Pinnacle Nord du Lac Economic
Development District. (Bagert/Davis)
Ordinance amending and restating Ordinance C.S. No.
07-1592, levying an additional sales and use tax in the Colonial Pinnacle Nord
du Lac Economic Development District at a rate of three-quarters of one percent
(0.0075%), clarifying certain matters relating to the sales and use tax, and
for other matters in connection therewith.
15) Ord. Cal. No. 3669 - Ordinance approving a
Cooperative Endeavor Agreement with Colonial Pinnacle Nord du Lac Economic
Development District. (Bagert/Davis)
Ordinance approving the form of and authorizing the
execution of a Cooperative Endeavor Agreement in connection with the Colonial
Pinnacle Nord du Lac Economic Development District, and for other matters in
connection therewith.
16) Ord. Cal. No. 3670 - Ordinance amending Ord.
C.S. No. 07-1590 on levy of tax in Rooms To Go St. Tammany Economic Development
District. (Bagert/Davis)
Ordinance amending and restating Ordinance C.S. No.
07-1590, levying an additional sale and use tax in the Rooms To Go St. Tammany
Economic Development District at reduced
rate of three-quarters of one percent (0.0075%), clarifying certain matters
relating to the sales and use tax, and for other matters in connection
therewith.
17) Ord. Cal. No. 3671 - Ordinance approving a
Cooperative Endeavor Agreement with Rooms To Go St. Tammany Economic
Development District. (Bagert/Davis)
Ordinance approving the form of and authorizing the
execution of a Cooperative Endeavor Agreement in connection with the Rooms To
Go St. Tammany Economic Development District, and for other matters in
connection therewith.
18) Ord. Cal. No. 3672 - Ordinance to impose a six
(6) month moratorium on issuance of permits for any construction activities on,
or improvements to, undeveloped property within a portion of Pineview Heights
Subdivision and certain surrounding areas. (Ward 4, District 5) (Gould)
RESOLUTIONS
19) Resolution C.S. No. C-2192 - Resolution
approving an election in Fire Protection District No. 2 on November 17, 2007 to
authorize renewal of special tax. (Dean)
Parish Council Meeting
October 4, 2007
Page 5
20) Resolution C.S. No. C-2193 - Resolution
approving an election in Recreation District No. 1 on November 17, 2007 to
authorize renewal of a special tax. (Brister)
21) Resolution C.S. No. C-2194 - Resolution
approving the issuance of $250,000 of Limited Tax Certificates of Indebtedness,
Series 2007, of Fire Protection District No. 8. (Thompson)
22) Resolution C.S. No. C-2195 - Resolution
approving an election in Waterworks District No. 2 on November 17, 2007 to
authorize incurring of debt and issuance of bonds. (Fitzmorris/Thompson)
23) Resolution C.S. No. C-2196 - Resolution
establishing performance/warranty obligations.
(Bagert/Davis)
PERFORMANCE
NAME OF SUBDIVISION
RECOMMENDATION
Angelic Estates
S/D, PH 1A EXTEND
FOR SIX (6) MONTHS OR
(a.k.a. The Birg) UNTIL
WORK IS
Amount: $26,000 SATISFACTORILY
ACCOMPLISHED
Expires: October
30, 2007
Ward
3, District 5
WARRANTY
Brookstone
Subdivision, Phase 3 EXTEND
FOR ONE (1) YEAR OR
Amount: $26,300 UNTIL
WORK IS
Expires: November
4, 2007 SATISFACTORILY
ACCOMPLISHED
Ward 4,
District 5
Guste Island
Subdivision, Parcel “A” EXTEND
FOR ONE (1) YEAR OR
(The Village) UNTIL
WORK IS
Amount: $31,000 SATISFACTORILY
ACCOMPLISHED
Expires:
November 3, 2007
Ward
1, District 1
Hickory Dell
Subdivision RELEASE
L.O.C.
Amount: $8,400 TO
BE BROUGHT INTO THE
Expires: November
15, 2007 SELECTIVE
PARISH MAINTENANCE
Ward 6, District 6 SYSTEM
Northshore
Commercial Park EXTEND
FOR ONE (1) YEAR OR
Amount: $40,500 UNTIL
WORK IS
Expires: November
15, 2007 SATISFACTORILY
ACCOMPLISHED
Ward
4, District 7
Tallow Creek
Subdivision, Phase 1-I-1 EXTEND
FOR ONE (1) YEAR OR
Amount: $23,900 UNTIL
WORK IS
Expires: November
17, 2007 SATISFACTORILY
ACCOMPLISHED
Ward
1, District 1
Parish Council Meeting
October 4, 2007
Page 6
Warranty
Obligations continued:
NAME OF
SUBDIVISION RECOMMENDATION
Timberlane
Subdivision, Phase 2 RELEASE
L.O.C.
Amount: $46,800 PRIVATE
SUBDIVISION AND
Expires:
September 12, 2008 PARISH
IS NOT RESPONSIBLE
Ward 1, District 1 FOR
ANY MAINTENANCE.
Penn Mill Lake
Subdivision, Phase 2B EXTEND
FOR ONE (1) YEAR OR
Amount: $64,600 UNTIL
WORK IS
Expires: November
8, 2007 SATISFACTORILY ACCOMPLISHED
Ward
3, District 3
24) Resolution C.S. No. C-2197 - Resolution to amend Ord. C.S. No. 06-1415, the 2007-2011 Capital Improvement Budget and Program,
Fixed Asset and Grant Awards. (Bagert/Davis)
25) Resolution C.S. No. C-2198 - Resolution to amend Ord. C.S. No. 06-1415, the 2007-2011 Capital Improvement Budget and Program, Fixed
Asset and Grant Awards. (Bagert/Davis)
26) Resolution C.S. No. C-2199 - Resolution to amend Ord. C.S. No. 06-1415, the 2007-2011 Capital Improvement Budget and Program, to
make changes to Council District 8 Road List to add Lake Village Road.
(Bagert/Davis)
27) Resolution C.S. No. C-2200 - Resolution to amend Ord. C.S. No. 06-1415, the 2007-2011 Capital Improvement Budget and Program, to
make changes to Capital Improvement List for Sub-Drainage District No. 1 of
Gravity Drainage District No. 3 (Fund 335). (Bagert/Davis)
28) Resolution C.S. No. C-2201 - Resolution to amend Ord. C.S. No. 06-1415, the 2007-2011 Capital Improvement Budget and Program, to
make changes to Parishwide Road List (Fund 300-00)
(Bagert/Davis)
29) Resolution C.S. No. C-2202 - Resolution to amend Ord. C.S. No. 06-1415, the 2007-2011 Capital Improvement Budget and Program, to
make changes to the $50 Million Bond Issue Road List.
(Fund
300-01) (Bagert/Davis)
END
OF CONSENT CALENDAR
Parish Council Meeting
October 4, 2007
Page 7
APPEALS
1)
Paul A.
Lea, Jr. for applicant James E. Shields, Sr., appealing the Zoning Commission
DENIAL on June 5, 2007 to rezone 28 acres on the south side of Highway 1088,
east of Trinity Drive, west of Forest Brook Boulevard, from SA Suburban
Agricultural and C-1 Neighborhood Commercial to a PUD (Planned Unit
Development). (Ward 4, Districts 5 & 7) (ZC07-01-001) (Item referred back
to ZC with specific requests 4/5/07; Tabled 7/5/07 thru 9/6/07)
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 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.
(Ward
7, District 7) (CP07-09-144) (Applicant/owner James and Crystal Lavelle)
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.
Parish Council Meeting
October 4, 2007
Page 8
ORDINANCES
FOR ADOPTION
(Public
Hearing)
1) Ord. Cal. No. 3569 - Ordinance to adopt Voluntary
Developmental Agreement between the Parish and developer of Cypress Park
Subdivision. (Ward 7, District 7) (Introduced 6/7/07)
(Tabled
7/5/07 thru 9/6/07)
2) Ord. Cal. No. 3630 - Ordinance authorizing
President to execute Transfer and Acceptance of Servitude and Right of Way for
Airport Road Extension with the Military Department of State of Louisiana.
(Introduced 9/6/2007)
3) Ord. Cal. No. 3631 - Ordinance establishing “No
Parking” zone on the south side of a portion of 5th Avenue, directly adjacent
to Alton Elementary School. (Ward 8, District 14) (Introduced 9/6/2007)
4) Ord. Cal. No. 3632 - Ordinance establishing a “No
Thru Trucks” zone on Pearl Acres Road. (Ward 8, District 13) (Introduced
9/6/2007)
5) Ord. Cal. No. 3633 - Ordinance to extend Highland
Park moratorium. (District 12) (Introduced 9/6/2007)
Ordinance to extend for an additional six (6) months
the moratorium on issuance of building
permits for construction or placement of building structures on property within
certain portions of Highland Park Subdivision.
6) Ord. Cal. No. 3634 - Ordinance to extend Highway
190 moratorium. (Districts 5 & 10)
(Introduced
9/6/2007)
Ordinance to extend for an additional six (6) months
the moratorium on issuance of building permits for construction or placement of
building structures on property within unincorporated St. Tammany abutting a
portion of Highway 190.
7) Ord. Cal. No. 3635 - Ordinance to extend Tammany
Hills moratorium.
(Ward
3, District 5) (Introduced 9/6/2007)
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 a portion of Tammany Hills Subdivision and a
portion of Ingram Estates Subdivision.
Parish Council Meeting
October 4, 2007
Page 9
8) Ord. Cal. No. 3636 - Ordinance to extend Eola,
Jordan, & Elmer Streets moratorium. (Ward 4, District 5) (Introduced
9/6/2007)
Ordinance to extend for an additional six (6) months
the moratorium on issuance of permits for construction or placement of building
structures on Eola, Jordan, and Elmer Streets, located west of Soult Street,
and on submission of applications to enter Parish rights of way for purpose of
extending, opening and/or constructing any unopened portion of said streets.
9) Ord. Cal. No. 3637 - Ordinance to extend Bayou
Heights moratorium. (Ward 6,
District
6) (Introduced 9/6/2007)
Ordinance to extend for an additional six (6) months
the moratorium on receipt of applications by the Parish Zoning Commission for
mobile home conditional use permits and/or issuance of building permits for
placement of mobile homes on property in Bayou Heights Subdivision.
10) Ord. Cal. No. 3638 - Ordinance authorizing the
Parish President to enter into an Act of Exchange of land comprising a portion
of Pinnacle Parkway for new right-of-way for Pinnacle Parkway. (Ward 1,
District 1) (Introduced 9/6/2007)
11) Ord. Cal. No. 3639 - Ordinance authorizing the
Parish President to enter into an Act of Correction of drainage right of way
lying and situated within and west of Pinnacle Parkway.
(Ward
1, District 1) (Introduced 9/6/2007)
12) Ord. Cal. No. 3640 - Ordinance granting approval
to the Parish to enter and cross Tammany Trace to access development known as
Koop Office Park. (Ward 4, District 7) (Planning Commission approved 8/14/07)
(Introduced 9/6/2007)
13) Ord. Cal. No. 3641 - Ordinance to declare
undeveloped property on the corner of Rue Esplanade and Military Road in
Slidell as surplus and authorize sale, lease, and/or disposal of same.
(District 13) (Introduced 9/6/2007)
14) Ord. Cal. No. 3642 - Ordinance to authorize donation
or exchange of parish properties. (District 13) (Introduced 9/6/2007)
Ordinance authorizing the Parish President to accept
the donation and/or exchange of such parish properties with those lots and
squares currently owned by Tammany Holding Company, situated Lakeshore
Boulevard East through West End Boulevard to Howze Beach Road.
Parish Council Meeting
October 4, 2007
Page 10
15) Ord. Cal. No. 3643 - Ordinance amending the 2007
Operating Budget. (Introduced 9/6/2007)
16) Ord. Cal. No. 3644 - Ordinance establishing a
“No Parking” zone on a portion of St. Joseph Street. (Ward 7, District 7)
(Introduced 9/6/2007)
17) Ord. Cal. No. 3645 - Ordinance to correct road
inventory to include Achee Road and approximate 312 foot extension of Gamma
Avenue. (Wards 1 & 3, Districts 1 & 2) (Introduced 9/6/2007)
18) Ord. Cal. No. 3646 - Ordinance accepting
finalized subdivisions into road and drainage inventories. (Wards 1, 7, 8 &
9, Districts 1, 7, 8 & 13) (Introduced 9/6/2007)
Ordinance accepting finalized subdivisions into road
and drainage inventories, specifically Tammany Middle, Phase 1; Ashton Oaks,
Phase 4; Beau Arbre, Phase 1; The Dominion, Phase 2; Autumn Haven; River Oaks,
Phase 10-B-1; River Oaks, Phase 10-B-2; Oak Plain, Phase 2; and Belle Pointe
Subdivisions.
19) Ord. Cal. No. 3647 - Ordinance approving and
authorizing execution of agreement between Parish and Hiawatha Recreational
Park for use of parish owned Sullivan Road Recreational Property. (Ward 9,
District 14) (Introduced 9/6/2007)
20) Ord. Cal. No. 3648 - Ordinance authorizing
Parish President to purchase Square 328, Town of Mandeville Subdivision,
Mandeville, La. (Ward 4, District 10) (Introduced 9/6/2007)
21) Ord. Cal. No. 3649 - Ordinance authorizing
Parish President to accept donation of property by DOTD on south side of I-12
at former rest area bordering the Tchefuncte River. (Introduced 9/6/2007)
22) Ord. Cal. No. 3650 - Ordinance authorizing
Parish President to accept dedication of right-of-way by Wainer Brothers on
north side of I-12 at former rest area. (Introduced 9/6/2007)
23) Ord. Cal. No. 3651 - Ordinance authorizing
Parish President to accept dedication of right-of-way by Sterling of Mandeville
on south side of I-12 at former rest area. (Introduced 9/6/2007)
Parish Council Meeting
October 4, 2007
Page 11
24) Ord. Cal. No. 3652 - Ordinance to amend Code,
Chapter 13, to add new sections for operation of motorized vehicles and
enforcement of traffic controls on private streets within The Reserve
Subdivision and Estates at the Reserve Subdivision. (Ward 4, District 10)
(Introduced 9/6/2007)
APPOINTMENTS
1) Resolution to appoint John S. Fischer and Robert
C. Schaefer, Sr. to replace Lloyd Cusimano and Terri Drennan Price as Alternate
members for the Parish Board of Adjustments. (Hamauei) (Parishwide appointment)
(SUSPEND RULES AND ADOPT)
2)
Resolution to reappoint James L. Core (term
expired 9/21/07) for Ward 2 and reappoint Tom Davis (term expired 9/16/2007)
for Ward 4 to Hospital Service District No. 1. (Fitzmorris/Thompson/Brister)
3)
Resolution to appoint Brent Cordell to replace William
J. Burkstaller (resigned due to illness) to Water District No. 3.
(Riverwood/Covington Country Club) (Brister)