PUBLISHED MARCH 27, 2008 AND POSTED AT PARISH COMPLEX BY APRIL 1, 2008
AGENDA
THURSDAY, APRIL 3, 2008 AT 6:00 P.M.
Call to Order by Honorable Jerry Binder, Chairman
Invocation by
Pledge of Allegiance by
Roll Call: Marty Dean
Gary Cooper
James A. “Red” Thompson
R. Reid Falconer
Marty Gould
Rebecca C. Howell
Jerry Binder
Al Hamauei
Chris Canulette
E. L. Gene Bellisario
Henry Billiot
Steve Stefancik
Richard Artigue
Ken Burkhalter
PRESENTATIONS
1) Certificate of Recognition honoring Erwin R. Johnson for military service during World War II. (Tabled 3/6/2008 - Hamauei)
2) Certificate proclaiming April 12, 2008 as
3) Certificates recognizing
4) Rod Mickler, V.P. of Regional Sports, Cox Sports Television - update on negotiations with cable/satellite providers for broadcast of CST on the Northshore.
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 March 6, 2008
Council Committee Meeting March 26, 2008
ORDINANCES FOR INTRODUCTION
1) Ord. Cal. No. 3785 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the north side of Wilson Road, east of Highway 21, west of Highway 59, containing 101.74 acres, from SA Suburban Agricultural to PUD (Planned Unit Development).
(Ward 3, District 2) (ZC05-08-052) (Zoning Commission approved 3/4/2008)
2) Ord. Cal. No. 3786 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the north side of Highway 36, east of St. Landry Street, being a portion of Lot 4, Block 10, Garland’s Covington & Claiborne Addition, containing 38,700 sq. ft., from SA Suburban Agricultural to C-2 Highway Commercial. (Ward 3, District 3) (ZC08-03-009) (Zoning Commission approved 3/4/2008)
Parish Council Meeting April 3, 2008 Page 2
3) Ord. Cal. No. 3787 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the north side of Highway 190 (Short Cut Road), east of Beth Drive, west of Nellie Drive, being Lots 9 & 10, Square 4, Pine Shadows Subdivision, containing 0.32 acre, from LC Light Commercial to C-2 Highway Commercial. (Ward 8, District 14) (ZC08-03-010) (Zoning Commission approved 3/4/2008)
4) Ord. Cal. No. 3788 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the north side of Ochsner Boulevard Extension, containing 57.23 acres, from SA Suburban Agricultural to A-4 Single Family Residential. (Ward 1, District 1) (ZC08-03-014) (Zoning Commission approved 3/4/2008)
5) Ord. Cal. No. 3789 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the southeast corner of Highway 25 and River Road, containing 3.898 acres, from A-2 Suburban to C-2 Highway Commercial. (Ward 3, District 3) (ZC07-12-080) (Zoning Commission approved 3/4/2008)
6) Ord. Cal. No. 3790 - Ordinance amending Parish Code, Appendix C, Land Use Regulatory Ord. 523, Section 2.10, LC Light Commercial District, to provide adjustments in square feet of floor space for office and professional buildings, for assisted living centers, adjustment in minimum lot area and minimum area regulations.
7) Ord. Cal. No. 3791 - Ordinance to revoke a
portion of
8) Ord. Cal. No. 3792 - Ordinance to revoke a
portion of
9) Ord. Cal. No. 3793 - Ordinance to rename
(Ward 8, District 6)
10) Ord. Cal. No. 3794 - Ordinance accepting finalized subdivisions into the Road and Drainage Inventories, specifically Castine Oaks, Phase 1; Versailles, Phase 5C; and entering the right of way in Tammany Terrace, Phase 1. (Wards 3 & 4, Districts 1, 2 & 10)
11) Ord. Cal. No. 3795 - Ordinance to authorize the Parish President to execute Developmental Agreement between the Parish and CP Nord du Lac JV, LLC.
12) Ord. Cal. No. 3796 - Ordinance to authorize the Parish President to purchase, expropriate or otherwise acquire certain parcels and/or rights of way for the Highway 1077 and Highway 1085 Intersection Project.
13) Ord. Cal. No. 3797 - Ordinance to authorize the Parish President to execute Developmental Agreement between the Parish and Maurmont Properties, LLC.
14) Ord. Cal. No. 3798 - Ordinance to authorize the
Parish President to execute Cooperative Endeavor Agreement by and between the
Parish and the City of
15) Ord. Cal. No. 3799 - Ordinance amending the 2008 Operating Budget.
16) Ord. Cal. No. 3800 - Ordinance authorizing the Parish President to accept the dedication of Colonial Court, Donnette Street right of way, drainage servitude and detention pond areas situated within Colonial Village Subdivision. (Ward 4, District 5)
17) Ord. Cal. No. 3801 - 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.
Parish Council Meeting April 3, 2008 Page 3
18) Ord. Cal. No. 3802 - Ordinance to extend for an additional six (6) months the moratorium on permits for construction or placement of building structures on certain properties abutting, in whole or in part, a portion of East I-10 Service Road.
19) Ord. Cal. No. 3803 - 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.
20) Ord. Cal. No. 3804 - Ordinance to extend for an additional six (6) months the 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.
21) Ord. Cal. No. 3805 - 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 unaffiliated with any hospital, hospice or facility for treatment of the terminally ill in unincorporated St. Tammany.
22) Ord. Cal. No. 3806 - Ordinance to extend for an additional six (6) months the moratorium on submission of applications to rezone property within the triangular shaped area bounded on the south by Highway 190, on the east by the Tchefuncte River, and on the west by the St. Tammany/Tangipahoa Parish line.
23) Ord. Cal. No. 3807 - Ordinance authorizing the Parish to accept dedication and donation of streets, rights of way and drainage servitudes situated within Parc du Lac Subdivision.
(Ward 4, District 10)
24) Ord. Cal. No. 3808 - Ordinance to amend and reenact the Parish Code of Ordinance, Chapter 11, Article II, Mosquito Abatement District No. 2, to rename the district St. Tammany Parish Mosquito Abatement District.
25) Ord. Cal. No. 3809 - Ordinance authorizing the Parish to accept dedication and donation of a drainage weir situated within Parc du Lac Subdivision. (Ward 4, District 10)
RESOLUTIONS
26) Resolution C.S. No. C-2325 - Resolution stating
Council endorsement of Timi Central Gulf Coast Team, LLC, for participation in
benefits of
27) Resolution C.S. No. C-2326 - Resolution stating
Council endorsement of Walgreen Louisiana Co., Inc. (Highway 59/Harrison
Avenue), for participation in benefits of
28) Resolution C.S. No. C-2327 - Resolution authorizing the Parish President to execute a Developmental Agreement between the Parish and Maurmont Properties, LLC.
29) Resolution C.S. No. C-2328 - Resolution authorizing the Parish President to execute a Cooperative Endeavor Agreement between the Parish and La. Department of Transportation and Development.
30) Resolution C.S. No. C-2329 - Resolution authorizing the Parish President to execute a Developmental Agreement between the Parish and CP Nord du Lac JV, LLC.
31) Resolution C.S. No. C-2330 - Resolution supporting
Grant Application with
32) Resolution C.S. No. C-2331 - Resolution to amend Ord. C.S. No. 07-1680, the 2008-2012 Capital Improvement Budget and Program, Fixed Asset and Grant Awards.
Parish Council Meeting April 3, 2008 Page 4
33) Resolution C.S. No. C-2332 - Resolution to amend Ord. C.S. No. 07-1680, the 2008-2012 Capital Improvement Budget and Program, Fixed Asset and Grant Awards, to make changes to Capital Road List-Fund 300 to increase the Allen Road Widening Project.
34) Resolution C.S. No. C-2333 - Resolution to amend Ord. C.S. No. 07-1680, the 2008-2012 Capital Improvement Budget and Program, Fixed Asset and Grant Awards, to make changes to Council District No. 2 Road List to add Patrick Lane.
35) Resolution C.S. No. C-2334 - Resolution to amend Ord. C.S. No. 07-1680, the 2008-2012 Capital Improvement Budget and Program, Fixed Asset and Grant Awards, to make changes to Council District No. 3 Road List to add Robinson Road.
36) Resolution C.S. No. C-2335 - Resolution to amend Ord. C.S. No. 07-1680, the 2008-2012 Capital Improvement Budget and Program, Fixed Asset and Grant Awards, to make changes to Council District No. 10 Road List to add Jackson Street.
37) Resolution C.S. No. C-2336 - Resolution establishing warranty obligations.
NAME OF SUBDIVISION RECOMMENDATION
PERFORMANCE
Angelic Estates (aka The Birg) Subdivision PERFORMANCE OBLIGATION
Phase 1A EXTEND FOR SIX (6) MONTHS OR
Amount: $26,000 UNTIL WORK IS SATISFACTORILY
Expires: April 30, 2008 ACCOMPLISHED
Ward 3, District 5
WARRANTY
Abney Farms Subdivision EXTEND FOR ONE (1) YEAR OR UNTIL
Amount: $6,000 WORK IS SATISFACTORILY
Expires: May 8, 2008 ACCOMPLISHED
Ward 8, District 9
Castine Oaks Subdivision, Phase 1 RELEASE L.O.C. “AFTER THE FACT”
Amount: $2,700 TO BE BROUGHT INTO THE
Expired: February 23, 2008 SELECTIVE PARISH MAINTENANCE
Ward 4, District 10 SYSTEM
Magnolia Trace Subdivision EXTEND FOR ONE (1) YEAR OR UNTIL
Amount: $17,640 WORK IS SATISFACTORILY
Expires: May 8, 2008 ACCOMPLISHED
Ward 8, District 9
Marina Beau Chene Subdivision, Section 3 RELEASE L.O.C.
Amount: $14,400 THIS IS A PRIVATE SUBDIVISION AND
Expires: February 23, 2009 THE PARISH IS NOT RESPONSIBLE
Ward 4, District 4 FOR ANY MAINTENANCE
Amount: $57,800 WORK IS SATISFACTORILY
Expires: May 8, 2008 ACCOMPLISHED
Ward 8, District 9
Parish Council Meeting April 3, 2008 Page 5
Warranty Obligations continued:
NAME OF SUBDIVISION RECOMMENDATION
The Orchard
at
Amount: $35,300 WORK IS SATISFACTORILY
Expires: May 30, 2008 ACCOMPLISHED
Ward 3, District 5
Amount: $41,600 TO BE BROUGHT INTO THE
Expires: June 14, 2008 SELECTIVE PARISH MAINTENANCE
Ward 3, District 3 SYSTEM
River Oaks Subdivision, Phase 10-A RELEASE L.O.C. “FOR THE RECORD”
Amount: $51,100 TO BE BROUGHT INTO THE
Established: March 4, 2004 SELECTIVE PARISH MAINTENANCE
Ward 8, District 13 SYSTEM
(
Amount: $38,200 SELECTIVE PARISH MAINTENANCE
Expires: May 2, 2008 SYSTEM
Ward 1, District 1
Vintage Court Subdivision, Phase 2 RETURN FUNDS IN ESCROW TO
Amount: $10,900 DEVELOPER - THIS IS A PRIVATE
Ward 3, District 1 SUBDIVISION AND PARISH IS NOT
RESPONSIBLE FOR MAINTENANCE
Enter Parish Right of Way (Reso. #05-052) RELEASE L.O.C.
Agnes, Nelson, Molitor & Soult Streets TO BE BROUGHT INTO THE
Amount: $21,100 SELECTIVE PARISH MAINTENANCE
Expires: July 11, 2008 SYSTEM
Ward 4, District 7
38) Resolution C.S. No. C-2337 - Resolution to amend Ord. C.S. No. 07-1680, the 2008-2012 Capital Improvement Budget and Program, Fixed Asset and Grant Awards.
39) Resolution C.S. No. C-2338 - Resolution authorizing a study of cable communication and other telecommunication franchise laws, policies and trends to identify legislative options for current and future parish agreements.
40) Resolution C.S. No. C-2339 - Resolution to vacate, in part, the moratorium on issuance of building permits within a portion of Pineview Heights Subdivision and certain surrounding areas to release Lot 11, Square 1. (Ward 4, District 5)
41) Resolution C.S. No. C-2340 - Resolution requesting the Louisiana State Legislature consider enactment of a Bill amending the State Constitution to provide for additional homestead exemptions to ad valorem taxation paid by certain senior citizens, subject to voter approval.
END OF CONSENT CALENDAR
Parish Council Meeting April 3, 2008 Page 6
APPEALS
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.
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.
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 Meeting April 3, 2008 Page 7
(Items 5, 6, 7, 8 & 9 go together)
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.
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.
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.
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.
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.
Parish Council Meeting April 3, 2008 Page 8
ORDINANCES FOR ADOPTION
(Public Hearing)
1) Ord. Cal. No. 3569 - Ordinance to adopt
Voluntary Developmental Agreement between the Parish and developer of
(Tabled 7/5/07 thru 3/6/2008)
2) Ord. Cal. No. 3747 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the southeast corner of Highway 25 and River Road, containing 3.898 acres, from A-2 Suburban to C-2 Highway Commercial. (Ward 3, District 2) (ZC07-12-080) (Zoning Commission approved 1/2/2008) (Introduced 2/14/2008) (Tabled 3/6/2008)
3) Ord. Cal. No. 3752 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the northeast corner of Amber Street and Coral Avenue, being Lots 4 and 5, Square 16, Pearl Acres Subdivision, containing 2 acres, from A-3 Suburban to C-1 Neighborhood Commercial.
(Ward 8, District 8) (ZC08-01-006) (Zoning Commission approved 1/2/2008) (Introduced 2/14/2008)
(Tabled 3/6/2008)
4) Ord. Cal. No 3760 - Ordinance to amend Parish Code, Appendix C, Land Use Ord. 523, Ward 4 Comprehensive Rezoning, and the official zoning map of St. Tammany to reclassify certain land within Heritage Heights Subdivision. (Ward 4, District 5) (Introduced 2/14/2008)
(Referred to Zoning Commission 3/6/2008)
5) Ord. Cal. No. 3762 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the north side of I-12 at the end of the future extension of Ochsner Boulevard, containing 14.66 acres, from SA Suburban Agricultural to A-6 General Multi-Family Residential.
(Ward 1, District 1) (ZC07-12-082) (Introduced from appeal 2/14/2008) (Tabled 3/6/2008)
6) Ord. Cal. No. 3765 - 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 certain
portions of
7) Ord. Cal. No. 3766 - 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 unincorporated St. Tammany Parish abutting a portion of Highway 190. (Districts 5 & 10) (Introduced 3/6/2008)
8) Ord. Cal. No. 3767 - 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 Tammany Hills and Ingram Estates Subdivisions. (Ward 3, District 5) (Introduced 3/6/2008)
9) Ord. Cal. No. 3768 - 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 the submission of any application to enter the parish rights of way for the purpose of extending, opening and/or constructing any unopened portion of said streets. (Ward 4, District 5) (Introduced 3/6/2008)
10) Ord. Cal. No. 3769 - 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 on issuance of building permits for placement of mobile homes on property within Bayou Heights Subdivision. (Ward 6, District 6) (Introduced 3/6/2008)
11) Ord. Cal. No. 3770 As Amended - Ordinance authorizing the Parish to accept the dedication of Emerald Pines Court, associated subsurface drainage infrastructure, and detention Pond No. 1 and 2, situated within Emerald Pines Subdivision. (Ward 4, District 5) (Introduced 3/6/2008 As Amended)
Parish Council Meeting April 3, 2008 Page 9
12) Ord. Cal. No. 3771 - Ordinance to amend Parish Code, Chapter 7, Drainage and Flood Control, Article I, Section 7-002.00 Use of Fill Materials Prohibited, to provide for the use of fill materials on lots less than ninety feet, on property located in critical drainage areas and jurisdictional wetlands, and to provide for procedures with respect thereto. (Introduced 3/6/2008)
13) Ord. Cal. No. 3772 - Ordinance authorizing the Parish President to execute Cooperative Endeavor Agreement and Act of Exchange of real property by and between the Parish, Town of Madisonville and St. Tammany Parish Public Library. (Introduced 3/6/2008)
14) Ord. Cal. No. 3773 - Ordinance establishing a
“No Parking” zone on both sides of a portion of
15) Ord. Cal. No. 3774 - Ordinance establishing a
“No Parking” zone on both sides of a portion of
16) Ord. Cal. No. 3775 - Ordinance to amend Ord. C.S. No. 00-0155, adopted May 4, 2000, which amended the official zoning map of St. Tammany to reclassify 157.667 acres on the west side of Highway 21, north of I-12, from SA/PUD to PUD, to provide major amendments to the original PUD plan. (Ward 1, District 1) (ZC00-03-020) (Zoning Commission approved 2/6/2008) (Introduced 3/6/2008)
17) Ord. Cal. No. 3776 - Ordinance amending the
official zoning map of St. Tammany to reclassify land on the east side of
Highway 59, north of Grand Maison Boulevard, containing 26,350 sq. ft., from
A-3 Suburban to C-1 Neighborhood Commercial. (Ward 4, District 5) (ZC07-10-056)
(
18) Ord. Cal. No. 3777 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the south side of Highway 22, west of Koepp Road, containing 119.56 acres, from A-3 Suburban to a PUD (Planned Unit Development). (Ward 1, District 1) (ZC08-02-008) (Zoning Commission approved 2/6/2008) (Introduced 3/6/2008)
19) Ord. Cal. No. 3778 - Ordinance to amend Parish Code, Appendix B, Subdivision Ord. 499, to create an Item 9 in Section 40-061.0, Additional Requirements to Preliminary. (Planning Commission approved 2/12/2008) (Introduced 3/6/2008)
20) Ord. Cal. No. 3779 - Ordinance to amend Ord. C.S. No. 06-1415, the 2007-2011 Capital Improvement Budget and Program, and to further identify Fixed Asset and Grant Awards. (Introduced 3/6/2008)
21) Ord. Cal. No. 3780 - Ordinance amending 2007 Operating Budget. (Introduced 3/6/2008)
22) Ord. Cal. No. 3781 - Ordinance authorizing Parish President to purchase, expropriate or otherwise acquire those certain parcels of land and/or rights of way for the Claiborne Hill Bridge Project as described in Exhibit “A” hereto. (Introduced 3/6/2008)
23) Ord. Cal. No. 3782 - Ordinance authorizing Parish President to purchase, expropriate or otherwise acquire certain parcels and/or rights of way for the Justice Center Additional Land Project as described in Exhibit “A” hereto. (Introduced 3/6/2008)
24) Ord. Cal. No. 3783 - Ordinance authorizing Parish President to purchase, expropriate or otherwise acquire certain parcels of land for Koop Drive Property as described in Exhibit “A” hereto. (Introduced 3/6/2008)
Parish Council Meeting April 3, 2008 Page 10
APPOINTMENTS
1) Resolution to appoint four (4) remaining members and two (2) alternates to Parish Board of Zoning Adjustments. (Nominations made 3/6/2008 to appoint Gerald Morris, Tim Fandal and Louis Brookter as members and reappoint John S. Fischer and Robert C Schaefer as alternates)
(One more nomination required to complete board.)
2) Resolution to appoint Tonia Barker to replace Kari King (moved out of district) and to reappoint Annette Taylor, Vicky V. Talley and Flora Jean Dawsey to Recreation District No. 6.
3) Resolution to appoint __________________ to fill unexpired term of Eugene L. Bellisario (resigned when elected Parish Councilman) on Hospital Service District No. 2 Permanent Nominating Committee. (Wards 6, 7, 8 & 9)
4) Resolution to appoint Adrian Nolan Sharp to replace William Barker (due to health issues) and reappoint Alice J. Bailey, Austin Dawsey and Sidney J. Spell (all terms expired) to Fire Protection District No. 6.
5) Resolution to reappoint Jimmy Wallace (term expired) to Fire Protection District No. 11. (Districts 6 & 9 appointment)
6) Resolution to appoint John C. Bennett, Valerie Reid, George Polk, Elaine Galiano, Darin G. Bordelon and Greg Crawford to Recreation District No. 7. (District 6)
7) Resolution to appoint members to Recreation District No. 5. (District 6)