PUBLISHED MAY 29,
2008 AND POSTED AT PARISH COMPLEX BY JUNE 3, 2008
AGENDA
THURSDAY, JUNE 5, 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. ARed@
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
Introduction of Junior Council
Member, Jimmy Lloyd (Binder)
COUNCIL STAFF
APPOINTMENT
1) Resolution C.S. No. C-2386 - Resolution to appoint Theresa L.
Ford as Clerk of Council for the remainder of the 2008 - 2011 Council term.
(Binder)
PRESENTATIONS
1)
Certificate of Recognition to Christopher M. Frank for earning the rank of
Eagle Scout with Boy Scout Troop 365. (Stefancik)
2)
Certificates of recognition to members of the
3)
Certificates of recognition to members of the
4)Presentation by Toye
Taylor, Deputy Director, regarding activities of the Governor=s Office of Intergovernmental Affairs.
(Binder)
5)
Presentation by Dr. Peter Galvan on the annual report of operations of the
Coroner=s Office.
(Binder/Davis)
CONSENT
CALENDAR
Any items not
pulled from the Consent Calendar are automatically approved in whole by one
vote. Items pulled from the Consent
Calendar are discussed and voted upon individually.
MINUTES
Regular Council Meeting May 1, 2008
Council Committee Meeting May 28, 2008
ORDINANCES
FOR INTRODUCTION
1) Ord. Cal. No. 3837 - Ordinance to extend for an
additional six (6) months the moratorium on placement of fill and issuance of
building permits for construction or placement of building structures on
property within Dove Park Subdivision. (Ward 4, District 5)(Gould)
Parish Council Meeting June 5, 2008 Page 2
2) Ord. Cal. No. 3838 - Ordinance to extend for an
additional six (6) months the moratorium on the receipt of submissions and
approval of applications by Parish Planning Commission and Planning Department
for resubdivision of property within Lewisburg
Estates Subdivision and a portion of Old Golden Shores Subdivision, and only
within the unincorporated boundaries of (Ward 4, District 4) (Falconer)
3) Ord. Cal. No. 3839 - Ordinance to extend for an
additional six (6) months the moratorium on approval of rezoning, issuance of
conditional use permits and issuance of plan review permits, not previously
received, for property abutting the Highway 21 Planned Corridor from Keys Road
north to the Tchefuncte River. (Ward1, District
1)(Dean)
4) Ord. Cal. No. 3840 - Ordinance amending the official
zoning map of St. Tammany to reclassify land south of Highway 190, east of
Leaning Oak Drive, containing 32,333 sq. ft., from A-3 Suburban to C-1
Neighborhood Commercial. (Ward 8, Districts 13 & 14)(ZC08-04-016)(Zoning Commission
approved 5/6/08)(Binder/Davis)
5) Ord. Cal. No. 3841 - Ordinance amending the official
zoning map of St. Tammany to reclassify land at southwest intersection of
Highway 1077 & Rodney Road, containing 1.2, acres from R Rural to LC Light
Commercial. (Ward 1, District 1)(ZC08-05-021)(Zoning Commission approved
5/6/08)(Binder/Davis)
6) Ord. Cal. No. 3842 - Ordinance amending Land Use Ordinance No. 523, Section 2.21 Planned Corridor District & Section 5.03 Sign Regulations. (ZC08-05-022)(Zoning Commission approved 5/6/08)(Binder/Davis)
7) Ord. Cal. No. 3843 - Ordinance amending the official
zoning map of St. Tammany to reclassify land east of Lindberg Drive, south of Lawes Street containing 3.038 acres, from A-4 Single Family
Residential to C-2 Highway Commercial. (Ward 8, District
13)(ZC08-05-024)(Binder/Davis)
8) Ord. Cal. No. 3844 - Ordinance amending the official
zoning map of St. Tammany to reclassify land on east side of Highway 59, south
of South Lane containing 1.688 acres from M-2 Intermediate Industrial to C-2
Highway Commercial. (Ward 4, District 7)(ZC08-05-025)(Zoning Commission
approved 5/6/08)(Binder/Davis)
9) Ord. Cal. No. 3845 - Ordinance
to amend and reenact Appendix C of the St. Tammany Parish Code of Ordinances,
Land Use Regulations, Section 6.01, and Unified Development Code Section
7.0801, Modifications and Exceptions, Lots of Record, to amend side yard
setback and driveway requirements. (Gould)
10) Ord. Cal. No. 3846 - Ordinance
to amend and reenact Parish Code of Ordinances, Chapter 7, Section 7-050.00,
Drainage and Paving Plan for Commercial, Industrial and Institutional
Developments, to add provisions relative to developments within Sub-Drainage
District No. 1 of Gravity Drainage District No. 3. (Bellisario)
11) Ord. Cal. No. 3847 - Ordinance
to authorize the Parish President to
purchase, expropriate or otherwise acquire certain parcels and/or rights
of way for the Brewster Road Widening Phase 1 Project. (Binder/Davis)
12) Ord. Cal. No. 3848 - Ordinance
to authorize the Parish President to purchase,
expropriate or otherwise acquire certain parcels and/or rights of way for the
Fairway Drive Phase 2 Project. (Binder/Davis)
13) Ord. Cal. No. 3849 - Ordinance
to authorize the Parish President to sign a Quitclaim Deed to return immovable
property to the Norris Living Trust and Susan Cummings wife of/and David Martin
Norris. (Binder/Davis)
14) Ord. Cal. No. 3850 - Ordinance
to authorize the Parish President to
purchase, expropriate or otherwise acquire certain parcels and/or rights
of way for the Seymour Myers Extension Project. (Binder/Davis)
Parish Council Meeting June 5, 2008 Page
3
15) Ord. Cal. No. 3851 - Ordinance
to authorize the Parish President to
purchase, expropriate or otherwise acquire certain parcels and/or rights
of way for the Village Lane Extension Project. (Binder/Davis)
16) Ord. Cal. No. 3852 - Ordinance
to rename
17) Ord. Cal. No. 3853 - Ordinance
accepting finalized subdivisions into the Road & Drainage Inventories,
specifically Castine Oaks, Phase 1; Penn Mill Lakes,
Phase 2A-3; River Oaks, Phase 10-A; Timberlane, Phase
1; and Timberlane, Phase 2 Subdivisions; also
accepting Stirling Boulevard; and entering the right
of way on Agnes, Nelson, Molitor & Soult Streets.
(Wards 1, 3, 4 & 8, Districts 1, 3, 7, 10
& 13)(Binder/Davis)
18) Ord. Cal. No. 3854 -Ordinance
to correct the Road and Drainage Inventory to include
(Wards
1, 2 & 3, Districts 1, 2 & 3)(Binder/Davis)
19) Ord. Cal. No. 3855 - Ordinance
to amend the 2008 Operating Budget. (Binder/Davis)
20) Ord. Cal. No. 3856 - Ordinance
to permit crossing of Tammany Trace for
purpose of installing sewer and water lines between Jenkins Avenue and Crawford
Road.(Ward 3, District 3) (Binder/Davis)
21) Ord. Cal. No. 3857 - Ordinance
to revoke a portion of
22) Ord. Cal. No. 3858 - Ordinance
to amend Parish Code of Ordinances and Ordinance Council Series No. 07-1649 the
Public Records Request Fee Schedule in Section 2-009.00. (Binder/Davis)
23) Ord. Cal. No. 3859 - Ordinance to authorize the Parish President to purchase, expropriate or otherwise acquire Parcel E-2, Section 48, Township 8 South, Range 12 East. (Ward 4, District 7)
RESOLUTIONS
24)Resolution
C.S. No. C-2387 - Resolution approving holding of an election in Fire
Protection District No. 10 July 19, 2008 to authorize the levy of a special tax
therein. (Binder/Davis)
25) Resolution C.S. No. C-2388 -
Resolution providing for tabulation of sealed and electronic bids received for
purchase of Five Million Dollars ($5,000,000) of Limited Tax Revenue Bonds,
Series 2008, approving the Notice of Bond Sale and Official Statement and
authorizing certain officials to sign copies as evidence of approval.
(Library)(Binder/Davis)
26) Resolution C.S. No. C-2389 -
Resolution accepting the bid for the purchase of $5 million of Limited Tax
Revenue Bonds, Series 2008. (Library)( Binder/Davis)
27) Resolution C.S. No. C-2390 - Resolution to amend Ordinance
C.S. No. 07-1680 the 2008-2012 Capital Improvement Budget and Program, Fixed
Asset and Grant Awards. (Binder/Davis)
28) Resolution C.S. No. C-2391 - Resolution to amend Ordinance
C.S. No. 07-1680 the 2008-2012 Capital Improvement Budget and Program, Fixed
Asset and Grant Awards. (Binder/Davis)
29) Resolution C.S. No. C-2392 -
Resolution to amend Ordinance C.S. No. 07-1680 the 2008-2012 Capital
Improvement Budget and Program, Fixed Asset and Grant Awards to make changes to
the Capital Road List -Fund 300 to increase the Viola Street Widening Project.
(Binder/Davis)
30) Resolution C.S. No. C-2393 - Resolution to amend Ordinance
C.S. No. 07-1680 the 2008-2012 Capital Improvement Budget and Program, Fixed
Asset and Grant Awards to make changes to the $50 Million Bond Issue Road List.
(Fund 300-01) (Binder/Davis)
Parish Council Meeting June 5, 2008 Page
4
31) Resolution C.S. No. C-2394 -
Resolution stating Parish Council endorsement of Monster Storage, for
participation in the
32) Resolution C.S. No. C-2395- Resolution stating Parish
Council endorsement of Pelican Energy Consultant, LLC, for participation in the
33) Resolution C.S. No. C-2396 -
Resolution to Concur/not Concur with Covington Annexation and Rezoning of 0.361
acres from Parish C-2 Highway Commercial to Covington C-3 Highway Commercial at
1910 Collins Boulevard. (Ward 3, District 2).
34) Resolution C.S. No. C-2397 -
Resolution to concur/not concur with Mandeville annexation and rezoning of
2.084 acres from Parish C-2 Highway Commercial to Mandeville B-2 Highway
Business located at 1150 Lover's Lane. (Ward 4, District 4)(Binder/Davis)
35) Resolution C.S. No. C-2398 -
Resolution proposing a Cultural Plan for St. Tammany to be administered by
36) Resolution C.S. No. C-2399 -
Resolution establishing warranty obligations. (Binder/Davis)
WARRANTY
NAME
OF
SUBDIVISION RECOMMENDATION
Autumn Creek, Phase 2 EXTEND
FOR ONE (1) YEAR OR UNTIL
Amount: $37,700 WORK
IS SATISFACTORILY
Expires: July 7, 2008 ACCOMPLISHED
Ward: 1 District:
1
Enter Parish R.O.W. -
Resolution No. 04-301 RELEASE
L.O.C.
Amount: $6,900 SELECTIVE
PARISH MAINTENANCE
Expires: July 13, 2008 SYSTEM
Ward: 4 District: 7
Amount: $33,900 WORK
IS SATISFACTORILY
Expires: July18, 2008 ACCOMPLISHED
Ward: 1 District:
1
Amount: $34,500 WORK
IS SATISFACTORILY
Expires: July 18, 2008 ACCOMPLISHED
Ward: 1 District:1
Enter Parish R.O.W. -
Resolution 04-160 EXTEND
FOR ONE (1) YEAR OR UNTIL
State,
Abita Terrace S/D ACCOMPLISHED
Amount:
$14,400
Expires: July 23, 2008
Ward: 4 District: 7
Enter Parish R.O.W. -
Resolution No. 06-068 EXTEND FOR
ONE (1) YEAR OR UNTIL
Pansy, Independence
& Daisy Streets WORK
IS SATISFACTORILY
West Abita Springs S/D ACCOMPLISHED
Amount: $2,500
Expires: July 25, 2008
Ward: 3 District: 3
Amount:
$29,100 WORK
IS SATISFACTORILY
Expires:
July 26, 2008 ACCOMPLISHED
Ward:
8 District:
9
Parish Council Meeting June 5, 2008 Page
5
Warranty
Obligations continued:
NAME
OF
SUBDIVISION RECOMMENDATION
Amount:
$13,200 WORK
IS SATISFACTORILY
Expires:
July 31, 2008 ACCOMPLISHED
Ward:
10 District:
2
Enter
Parish R.O.W. - Resolution No. 06-166 RELEASE
L.O.C.
2nd
& 3rd Streets (Between
Expires:
June 5, 2008 SYSTEM
Ward:
3 District:
5
Amount:
$19,600 TO
BE BROUGHT INTO THE
Expires:
January 11, 2008 PARISH
MAINTENANCE
Ward:
3 District:
3
37) Resolution C.S. No. C-2400 -
Resolution in opposition to the proposed
END
OF CONSENT CALENDAR
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 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.
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.
Parish Council Meeting June 5, 2008 Page 6
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.
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 APPROVAL AND CONDITIONS , a simple
majority vote is required and adoption of a resolution.
NOTE: To
override Zoning APPROVAL AND CONDITIONS, 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.
ORDINANCES
FOR ADOPTION
(Public
Hearing)
1) Ord. Cal. No. 3789AA - Ordinance
amending the official zoning map of St. Tammany to reclassify land on the
southeast corner of Highway 25 and River Road, containing 4.132 acres, from A-2
Suburban to C-2 Highway Commercial.(Ward 3, District 2) (ZC07-12-080) (Zoning
Commission approved 3/4/2008) (Introduced 4/3/08)(Tabled 5/1/08)
2) Ord. Cal. No. 3790AA - 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. (Gould)
(Introduced 4/3/08 and referred to Zoning Commission)(Pending ZC hearing on
6/3/08)
3) 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) (Introduced 4/3/08 and referred to
Planning Commission)(Table Pending P.C. Hearing on 6/10/08)
4) Ord. Cal. No. 3810 - Ordinance
to amend Parish Code, Chapter 14 Nuisances, Section 14-003.00 Fires for Yard
Debris, Paragraph (B) thereof, to restrict the open burning of leaves and yard
debris when located a distance of one thousand (1000') feet or more from the
nearest dwelling. (Introduced 5/1/08)
Parish Council Meeting June 5, 2008 Page
7
5) Ord. Cal. No. 3811 - Ordinance
establishing a ANo
Parking@ zone on
a portion of
6) Ord. Cal. No. 3812 - Ordinance
establishing the placement of stop signs at the intersection of Crown Z and
7) Ord. Cal. No. 3813 - Ordinance
establishing the placement of stop signs at the
8) Ord. Cal. No. 3814 - Ordinance
amending the official zoning map of St. Tammany, to reclassify land on south
side of Interstate 12, east of the Target Center, West of Tchefuncte
River, containing 88.9 acres, from SA (Suburban Agricultural) to C-2 (Highway
Commercial)(Ward 1, District 1) (ZC08-03-012) (Zoning Commission approved
4/1/08) (Introduced 5/1/08)
9) Ord. Cal. No. 3815 - Ordinance
amending the official zoning map of St. Tammany, to reclassify land on east
side of Highway 59, south of Harry
Lemons Road, north of Surgi Drive containing 3.61
acres, from C-2 (Highway Commercial) to a PUD (Planned Unit Development).
(Ward
4, District 5)
(ZC08-03-013)(Zoning Commission approved 4/1/08) (Introduced 5/1/08)
10) Ord. Cal. No. 3816- Ordinance
amending the official zoning map of St. Tammany, to reclassify land on the
southeast side of Tantella Ranch Road and north of
Highway 1077, containing 80.83 acres, from SA (suburban agricultural) to a
Planned Unit Development (PUD)(Ward 1, District 1) (ZC05-03-013)(Introduced
5/1/08)
11) Ord. Cal. No. 3817 - Ordinance
authorizing the Parish President to execute Cooperative Endeavor Agreement with
Gravity Drainage District No. 5 and Sub Drainage District No. 2 to provide drainage
improvements between Meadowbrook and Rosedown
Subdivisions. (Ward 4, District 5)(Introduced 5/1/08)
12) Ord. Cal. No. 3818 - Ordinance
to revoke a portion of
13) Ord. Cal. No. 3819 - Ordinance
to revoke a portion of
14) Ord. Cal. No. 3820 - Ordinance
to amend Parish Code Appendix B , Subdivision Regulatory Ordinance No. 499;
specifically, Sections 40-045.0, 2B.5, 40-060.0, 2G, 40-061.0, 3, 40-070.0, and 40-80.0,1A.II, 5, and 1B, 2E to
replace references to the AParish Engineer@ where depicted and appropriate, with ADirector of the Department of
Engineering@.(Introduced
5/1/08)
15) Ord. Cal. No. 3821 - Ordinance
to rename
16) Ord. Cal. No. 3822 - Ordinance
accepting finalized subdivisions into the Road & Drainage Inventories,
specifically Coquille, Phase 1; Normandy Oaks, Phase 2; Tallow Creek, Phase
1-I-2; and Turtle Creek, Phase 5-3-B Subdivisions. (Wards 1 & 8, Districts
1 & 9) (Introduced 5/1/08)
17) Ord. Cal. No. 3823 - Ordinance
to correct the Road Inventory to include an extension of Bessie Booth Road, an
extension of Dupard Street, an extension of 12th
Street, also reorganizing the road data of East Howze
Beach Road and including West End Boulevard into the maintenance system. (Wards
2, 3, 4 & 9, Districts 1, 3, 10 & 13) (Introduced 5/1/08)
18) Ord. Cal. No. 3824 - Ordinance
to amend the 2008 Operating Budget. (Introduced 5/1/08)
19) Ord. Cal. No. 3825 - Ordinance authorizing the Parish
President to accept act of dedication and donation from East Win LLC for a
drainage servitude. (Introduced 5/1/08)
20) Ord. Cal. 3826 - Ordinance
authorizing the Parish President to
purchase, expropriate or otherwise acquire certain parcels and/or rights
of way for the US Highway 11 at I-12 interchange improvements project.
(Introduced 5/1/08)
Parish Council Meeting June 5, 2008 Page
8
21) Ord. Cal. No. 3827 - Ordinance
authorizing the Parish President to purchase, expropriate or otherwise acquire
certain parcels and/or rights of way for the LA Highway 1077 - 4 lane - I-12 to
1085 project. (Introduced 5/1/08)
22) Ord. Cal. No. 3828 - Ordinance
to amend the Parish Personnel Rules and Procedures. (Introduced 5/1/08)
23) Ord. Cal. No. 3829 - Ordinance
to amend the Parish Code, Chapter 13, to add new sections to provide for
operation of motorized vehicles and enforcement of traffic controls on private
streets within the Highlands Subdivision. (Ward 2, District 2) (Introduced
5/1/08)
24) Ord. Cal. No. 3830 - Ordinance
amending the Parish Code of Ordinances, Chapter 9 Garbage and Trash, Article
III Garbage Districts, Division 2 Garbage District No. 1, to amend and
reestablish the boundaries of Garbage District No. 1, to provide additional
powers and authority, to provide for a comprehensive solid waste management
system in District No. 1, and to otherwise provide with respect thereto. (Ward
8, District 9) (Introduced 5/1/08)
25) Ord. Cal. No. 3831 - Ordinance
to amend and reenact Parish Code, Chapter 20, Roads and Bridges, requiring all
utilities to be installed within or adjacent to the right of way for Fairway
Drive Extension, Emerald Forest Boulevard and Falconer Drive be installed
subsurface.(Ward 4, District 5)(Introduced 5/1/08)
26) Ord. Cal. No. 3832 - Ordinance authorizing the Parish President to purchase, expropriate or otherwise acquire certain parcels and/or rights of way for the Ben Thomas Road Improvement Project. (Ward 9, District 14)(Introduced 5/1/08)
27) Ord. Cal. No. 3833 - Ordinance
amending the official zoning map of St. Tammany to reclassify land on the north
of I-12, west of Holiday Square Boulevard, south of Versaille
Subdivision containing 74.23 acres, from A-4 Single Family Residential, C-1
Neighborhood Commercial and C-2 Highway Commercial to a PUD.(Ward 3, District
1)(ZC08-01-007)(Introduced from Appeal 5/1/08)
28) Ord. Cal. No. 3834 - Ordinance
authorizing the Parish President to execute amended Cooperative Endeavor
Agreement and Act of Exchange of Real Property with Town of Madisonville and
the St. Tammany Parish Public Library. (Ward 1, District 1). (Introduced
5/1/08)
29) Ord. Cal. No. 3835 -Ordinance
providing for incurring of debt and issuance of $5,000,000 of Limited Tax
Revenue Bond, Series 2008; prescribing form, terms and conditions; designating
date, denomination and place of payment; providing for payment in
principal and interest; authorizing agreement with paying agent; and other
matters in connection therewith. (Introduced 5/1/08)
30) Ord. Cal. No. 3836 - Ordinance
to correct Road Inventory to include extension of
AWARD
OF BIDS
BID ITEM BID
NUMBER
FUND
Parish
Official Journal 502-03-02-22-2C
July
1, 2008 - June 30, 2009
APPOINTMENTS
1) 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)
(Council/Parish President)(Tabled 4/3/08 and 5/1/08)
2) Resolution to appoint Craig Mullet and Tammy Curry
and to reappoint Arthur Weller and Jack Templeman
(terms expired) to Sub-Drainage District No. 1 of Gravity Drainage District No.
3. (District 9) (Bellisario)
3) Resolution to appoint Sonny Schwing
to replace Tom Davies (resigned) to
Parish Council Meeting June 5, 2008 Page
9
4) Resolution to reappoint George Osbourn,
Robert Fontcuberta, Alexander H. Brett and Rev.
Chopin Cusachs (terms expired) to St. Tammany Parish
Fire Protection District No. 13. (District 1)(Dean)
5) Resolution to appoint five (5) members
_____________________, _____________________, _____________________,
_____________________ and _____________________to the St. Tammany Parish
Commission on Cultural Affairs (formerly The St. Tammany Parish Arts
Commission). (Members whose terms have expired: Stephen B. Cefalu,
Lisa Barnett, James Hartman, Lionel J. Washington and Dr. Joan Archer) (Stefancik)
EXECUTIVE
SESSION
Lawsuits 1) AAymond
Development, L.L.C. v.
22nd JDC No. 2007-13118 AE@
(Legal Counsel)