PUBLISHED OCTOBER 30, 2008 AND POSTED AT PARISH
COMPLEX BY NOVEMBER 3, 2008
AGENDA
THURSDAY, NOVEMBER
6, 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
Crawford-Howell
Jerry
Binder
Al
Hamauei
Chris
Canulette
E.
L. Gene Bellisario
Henry
Billiot
Steve
Stefancik
Richard
Artigue
Ken
Burkhalter
PRESENTATION
1)
Samantha Goodwin - presentation regarding the activities of LCDP, Inc., a
non-profit organization. (Dean) (Tabled 10/2/08)
2)
Certificate of Recognition to Kristen Scott for her years of service to the
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 October
2, 2008
Council Committee Meeting October 29, 2008
Special Council Meeting October 29, 2008
ORDINANCES FOR
INTRODUCTION
1) Ord. Cal. No. 3955 -
Ordinance amending the official zoning map of St. Tammany to reclassify land
located north of Amanda Drive, east of Highway 25 containing 2.58 acres from
A-3 (Suburban) to LC (Light Commercial). (Ward 3, District
2)(ZC08-09-051)(Zoning Commission Approved October 7, 2008) (Binder/Davis)
2) Ord. Cal. No. 3956 - Ordinance
to amend and reenact Appendix C of the St. Tammany Parish Code of Ordinances,
Land Use Regulations Ordinance No. 523 as amended, Section 4 Off Street Parking
and Loading Regulations. (ZC08-09-052) (Zoning Commission Approved October 7,
2008) (Binder/Davis)
3) Ord. Cal. No. 3957 -
Ordinance to amend Ord. C.S. No. 06-1274, adopted April 6, 2006, amending the
official zoning map of St. Tammany to reclassify 196.4 acres south of Haas Road, west of Highway 11 &
Ashton Oaks Subdivision, east of Robert Road, from SA (Suburban Agricultural)
to PUD, to provide major amendments to the original PUD plan. (Ward 8, District
9)(ZC06-01-004) (Zoning Commission
Approved October 7, 2008) (Binder/Davis)
4) Ord. Cal. No. 3958 -
Ordinance amending the official zoning map of St. Tammany to reclassify land
located at the southeast intersection of Interstate 59 & Highway 1090
containing1.4388 acres from A-3 (Suburban) to C-1 (Neighborhood Commercial).
(Ward 8, District 9)(ZC08-10-053) (Zoning Commission Approved October 7, 2008)
(Binder/Davis)
5) Ord. Cal. No. 3959 -
Ordinance amending the official zoning map of St. Tammany to reclassify land
located north of Salt Bayou Road, east of Old Spanish Trail containing 0.5
acres from SA (Suburban Agricultural) to C-2 (Highway Commercial). (Ward 8 and
Ward 9, District 13) (ZC08-10-054) (Zoning Commission Approved October 7, 2008)
(Binder/Davis)
6) Ord. Cal. No. 3960 -
Ordinance amending zoning of 15 acres from SA to PUD. (Ward 3, District
3)(ZC08-10-058) (Zoning Commission Approved October 7, 2008) (Binder/Davis)
7) Ord. Cal. No. 3961 -
Ordinance amending the official zoning map of St. Tammany to reclassify land
located on east of Perrilloux Road, north of Highway 22 containing 12.6105
acres from A-4 (Single-Family Residential) & C-2 (Highway Commercial) to ID
(Institutional).(Ward 1, District 1) (ZC08-10-059) (Zoning Commission Approved
October 7, 2008) (Binder/Davis)
8) Ord. Cal. No. 3962 -
Ordinance establishing a “Speed Limit” of 15 MPH on roads in a portion of
Kingspoint Subdivision. (District 14)(Burkhalter)
9) Ord. Cal. No. 3963 -
Ordinance authorizing the Parish President to execute a Cooperative Endeavor
Agreement with Sub-drainage District No. 2 of Gravity Drainage District No. 5.
(Gould)
10) Ord. Cal. No, 3964 -
Ordinance to correct the Road and Drainage Inventory to include
11) Ord. Cal. No. 3965 -
Ordinance to permit the crossing of Tammany Trace for the purpose of rerouting
drainage through Oaklawn Trace Subdivision and elsewhere, in the vicinity of
Lacombe. (Ward 7, District 7)
(Binder/Davis)
12) Ord. Cal. No. 3966 -
Ordinance amending the 2008 Operating Budget. (Binder/Davis)
13) Ord. Cal. No. 3967 - Ordinance to amend Parish Code of
Ordinances, Appendix C, Land Use
Regulations. Ordinance No. 523 as amended, Section 2.0205, and Appendix B,
Subdivision Regulations Ordinance No. 499 as amended, Section 6.01, to add new
provisions for development of land on the south side of Lakeview Drive, Ward 9,
District 13. (Artigue)
14) Ord. Cal. No. 3968 -
Ordinance to amend Ordinances C.S. No. 01-0415 and 07-1495 and to amend and
reenact Code of Ordinances, Chapter 2, Precincts, to effect voting precinct
boundary adjustments for the convenience of voters, and acts of correction in
compliance with federal and state law. (Wards 4 and 6, Districts 4 and 6)
(Crawford-Howell)
15) Ord. Cal.
No. 3969 - Ordinance authorizing the execution of a one-year extension of
the current contract with Acadian Ambulance Service, Inc. as sole provider of
emergency and non-emergency ambulance services in areas of unincorporated St.
Tammany Parish. (Binder)
16) Ord. Cal.
No. 3970 - Ordinance reaffirming Ordinance C.S. No. 08-1861, adopted July
3, 2008, to amend and reenact Land Use Regulations Ordinance No. 523, Section
6.01, and Unified Development Code, Section 7.0801, amending side yard setback
and driveway requirements. (ZC08-08-042) (Zoning Commission Denied October 7,
2008) (Gould)
17) Ord. Cal. No. 3971 -
Ordinance approving the form authorizing the execution of an amendment to the
Cooperative Endeavor Agreement in connection with the Colonial Pinnacle Nord du
Lac Economic Development District. (Dean)
RESOLUTIONS
18) Resolution C.S. No. C-2445 -
Resolution establishing Adjusted Millage Rate for the year 2008. (Tabled
8/7/08, 9/11/08 &
10/2/08)(Binder/Davis)
19) Resolution C.S. No. C-2446 -
Resolution reestablishing the Legal Maximum Millage Rates for the year 2008.
(Tabled 8/7/08, 9/11/08 & 10/2/08)
(Binder/Davis)
20) Resolution C.S. No. C-2502 -
Resolution approving the issuance of a $200,000 Revenue Anticipation Note,
Series 2008, of Fire Protection District No. 8. (Binder/Davis)
21) Resolution C.S. No. C-2503 -
Resolution providing for canvassing the returns and declaring the result of the
special election held in Road Lighting District No. 5 to authorize the levy of
a special tax therein. (Binder/Davis)
22) Resolution C.S. No. C-2504 -
Resolution providing for canvassing the returns and declaring the results of
the special election held in the Parish of St. Tammany, to authorize the
renewal of special taxes therein.(Animal Shelter, COAST and STARC)
(Binder/Davis)
23) Resolution C.S. No. C-2505 -
Resolution certifying that the Parish shall comply with all requirements of the
State of
24) Resolution C.S. No. C-2506 -
Resolution establishing load limits on bridges within the
25) Resolution C.S. No. C-2507-
Resolution establishing Warranty Obligations.(Binder/Davis)
WARRANTY
NAME OF
SUBDIVISION
RECOMMENDATION
River Highlands
S/D, Phase 1 “CALL”
WARRANTY
Amount: $21,300
Expires: December
7, 2008
Ward: 3, District: 1
Amount: $3,500 WORK
IS SATISFACTORILY
Expired: December
6, 2008 ACCOMPLISHED
Ward: 1, District: 1
Country Lane
Patio Homes S/D, Phase 1 EXTEND
FOR ONE (1) YEAR OR UNTIL
Amount: $21,100 WORK
IS SATISFACTORILY
Expires:
December 27, 2008 ACCOMPLISHED
Ward: 8, District: 13
26) Resolution C.S. No. 2508 -
Resolution to rescind Resolution Police Jury Series No. 89-4073, adopted May
18, 1989; to provide for allowing the use of recycled asphalt on parish
projects. (Binder/Davis)
27) Resolution C.S. No. 2509 -
Resolution stating Parish Council endorsement of Martha E. Stewart, MD, LLC,
for participation in Louisiana Enterprise Zone Program. (Binder/Davis)
28) Resolution C.S. No. 2510 -
Resolution to concur/not concur with Abita Springs annexation and rezoning of .85 acres from Parish SA (Suburban
agriculture)to Abita Springs C (Commercial)
which property fronts Harrison Avenue behind
Walgreens & Statewide Bank. Section
12, Township 7 south, Range 11 east. (Ward 3, District 3)(Binder/Davis).
29) Resolution
C.S. No. 2511 - Resolution to concur/not concur with Slidell annexation and
rezoning of 1.187 acres from Parish C-2
(Highway Commercial) to Slidell C-4 (Highway Commercial) located at the Southwest
corner of Malbrough Dr. and Gause Boulevard East (1725 Gause Boulevard East),
Lot 4A, Sq 3, Robert Subdivision. (Ward 8, District 13)(Binder/Davis)
30) Resolution C.S. No. 2512 -
Resolution declaring the intention of the Parish Council that expenditures made
in connection with the
31) Resolution C.S. No. 2513 -
Resolution approving and authorizing the Parish President to sign and/ or
execute cooperative endeavor agreement with Department of Transportation and
Development regarding LA 1088/ I-12 interchange.(Binder/Davis)
32) Resolution C.S. No. 2514 -
Resolution to amend Ordinance C.S. No.
07-1680, the 2008-2012 Capital Improvement Budget and Program, Fixed Asset and Grant
awards.(Binder/Davis)
33) Resolution C.S. No. 2515 -
Resolution to amend Ordinance C.S. No. 07-1680, the 2008-2012 Capital
Improvement Budget and Program, Fixed Asset and Grant
Awards.(Binder/Davis)
34) Resolution C.S. No. 2516 -
Resolution authorizing advertising for bids for purchase of $8,000,000 of
Limited Tax Revenue Bonds, Series 2009. (Coroner’s Office) (Binder/Davis)
END OF CONSENT
CALENDAR
APPEALS
1) Applicant Jeffery D. Schoen
appealing the Zoning Commission DENIAL on October 7, 2008 to rezone 1 acre
north of Champagne Street, west of North Columbia Street from M-1 Light
Industrial to ID Institutional. (Ward 3, District 3) (ZC08-10-060)
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.
2) Applicant Jeff Schoen appealing the Zoning Commission
DENIAL on October 7, 2008 of a conditional use permit for a 10,000 sq. ft. Work
Release Facility north of Champagne Street, west of North Columbia Street .
(Ward 3, District 3)(CP08-10-173)
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.
3) Applicant Phillip Manchester
appealing the Zoning Commission DENIAL on October 7, 2008 to rezone 1.1 acres
south of Lonesome Road, east of US Highway 190 from SA Suburban Agricultural to
C-1 Neighborhood Commercial. (Ward 4, District 10) (ZC08-1-055)
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.
4) Applicant Alexander Piehet appealing
the Zoning Commission DENIAL on October 7, 2008 of a conditional use permit for
a 1,000 sq. ft. Home Office north of Fairhaven Road, east of Highway 1129.
(Ward 2, District 2)(CP08-09-145)
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.
5) Warren Frank appealing the
Zoning Commission APPROVAL on October 7, 2008 of a conditional use permit for a
1280 sq. ft. mobile home north of Ned Avenue, east of Sunrise Street, Chateau
Estates Subdivision. (Ward 9, District 11)(ZC08-10-167)(Applicant Melanie
Buras)
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.
ORDINANCES FOR
ADOPTION
(Public Hearing)
1) Ord. Cal. No. 3895AA - Ordinance to rename
2) Ord. Cal. No. 3902 - Ordinance to amend the Unified
Development Code, Volume 1 - Zoning, relative to the Comprehensive Rezoning of
the South Central Study Area. (Introduced 10/2/08)
3) Ord. Cal. No. 3909 - Ordinance to amend the Parish
Unified Development Code, Article 6,
Overlays to add Section 6.06, Mixed Use District. (Introduced 8/7/08 and
Referred to Zoning) (ZC08-10-057) (Tabled by Council 9/11/08 & 10/2/08) (Tabled by Zoning
Commission 10/7/08)
4) Ord. Cal. No. 3916 - Ordinance amending the official
zoning map of St. Tammany to reclassify land located north of LA Highway 40, East
of Beason Road, 16096 Highway 40 containing 4.02 acres from R (Rural) to ID
(Institutional). (Ward 2, District 2)(ZC08-08-045)(Zoning Commission Approved
8/5/08)(Introduced 9/11/08; Tabled 10/2/08) (Applicant withdrew application
October 21, 2008)
5) Ord. Cal. No. 3939 - Ordinance amending the official
zoning map of St. Tammany Parish to reclassify land located west La Highway 59,
North of Walder Road containing 13.3 Acres of Land from its SA (Suburban
Agricultural) to PUD (Planned Unit Development). (Ward 4, District
10)(ZC09-01-005)(Council overrode Zoning denial 9/11/08)(Introduced 10/2/08)
6) Ord. Cal. No. 3940 - Ordinance adopting the 2009
Operating Budget. (Introduced 10/2/08)
7) Ord. Cal. No. 3941 - Ordinance adopting the 2009
Capital, Fixed Assets & Grants Budgets. (Introduced 10/2/08)
8) Ord. Cal. No. 3942 - Ordinance to correct the Road and
Drainage Inventory to include Lakeshore Boulevard East; Oak Harbor Boulevard
Extension; Two (2) Fish Hatchery Road Laterals; and Mckinney Road
Lateral.(Wards 7,8 & 9 and Districts 7, 13 & 14)(Introduced 10/2/08)
9) Ord. Cal. No. 3943 - Ordinance authorizing the Parish
President to accept the donation of and/or exchange Parish properties with
property owned by Laporte Family Properties,
LLC located off of Koop Drive near the Tammany Trace. (Introduced
10/2/08)
10) Ord. Cal. 3944AA - Ordinance to amend Parish Code,
Chapter 7 Drainage and Flood Control, Article 1 Section 7-002.00 Use of Fill
Materials Prohibited, to provide for the use of fill materials and the type of
construction in areas of special concern, to provide standards for
non-residential development, and to provide for procedures with respect
thereto. (Introduced 10/2/08)
11) Ord. Cal. No. 3945 - Ordinance establishing a “No Thru
Trucks” Zone on
12) Ord. Cal. No. 3946 - Ordinance to extend for an
additional six (6) months the moratorium
on the 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)(Introduced 10/2/08)
13) Ord. Cal. No. 3947 - Ordinance to extend for an additional
six (6) months the moratorium on the issuance of permits for the construction
or placement of building structures on certain properties within unincorporated
St. Tammany Parish abutting, in whole or in part, a portion of East I-10
Service Road, in Slidell.(Ward 8, District 8)(Introduced 10/2/08)
14) Ord. Cal. No. 3948 - 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. (Ward 1, District 1)(Introduced 10/2/08)
15) Ord. Cal. No. 3949 - 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.
(Introduced 10/2/08)
16) Ord. Cal. No. 3950 - 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. (Ward 7, District 7)(Introduced 10/2/08)
17) Ord. Cal. No. 3951-
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. (Ward 9, District 14) (Introduced
10/2/08)
18) Ord. Cal. No. 3952 - Ordinance to authorize the Parish
President to purchase, expropriate or otherwise acquire all certain parcels
and/or rights of way for the Fremeaux Interchange Service Road Project.
(Introduced 10/2/08)
19) Ord. Cal. No. 3954 - Ordinance to impose a three (3)
month moratorium on the issuance of permits for construction or placement of
building structures on property located within the Sub Drainage District #3 of
Gravity Drainage District #5 and areas generally north and east of the
District. (Introduced 10/2/08)
NOMINATIONS
1) Resolution to appoint two (2) members
_____________________________________ and _____________________ to the
EXECUTIVE SESSION
Lawsuit entitled: “Aegis Innovative Solutions, LLC v.
Parish of