08-sept_agenda

PUBLISHED AUGUST 28, 2008 AND POSTED AT PARISH COMPLEX BY SEPT. 1, 2008

AGENDA

ST. TAMMANY PARISH COUNCIL MEETING

THURSDAY, SEPTEMBER 4, 2008 AT 6:00 P.M.

ST. TAMMANY GOVERNMENT COMPLEX

21490 KOOP DRIVE, MANDEVILLE, LA.

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

PRESENTATIONS

1) Recognize the “Who Dat Shoppe” as September Business of the Month. (Binder)

2) Dianne M. Baham, Executive Director - informational update on the activities and operations of STARC.

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 August 7, 2008

Council Committee Meeting August 27, 2008

Special Council Meeting August 27, 2008

ORDINANCES FOR INTRODUCTION

1) 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. (Tabled introduction 8/7/08) (Binder/Davis)

2) Ord. Cal. No. 3914 - Ordinance amending the official zoning map of St. Tammany to reclassify land located at the northeast corner of LA Highway 36 & Melissa Lane, Lot 3, Block 5, Garland's Addition containing 13,000 sq.ft. from SA (Suburban Agricultural) to C-1 (Neighborhood Commercial).(Ward 3, District 3)(ZC08-07-039)(Zoning Commission Approved 8/5/08) (Binder/Davis)

3) Ord. Cal. No. 3915 - Ordinance amending the official zoning map of St. Tammany to reclassify land located on the northwest corner of LA Highway 1077 & Interstate 12 containing 7.37 acres from R (Rural) to C-2 (Highway Commercial). (Ward 1, District 1)(ZC08-08-044)(Zoning Commission Approved 8/5/08)(Binder/Davis)

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)(Binder/Davis)

5) Ord. Cal. No. 3917 - Ordinance amending the official zoning map of St. Tammany to reclassify land located west of LA Highway 59, north of America Street, being lots 36, 37, 38, 52, 53 & 54 & a portion of Henrietta Street, Square 155, Town of Mandeville containing 0.57 acres from A-2 (Suburban) to a C-2 (Highway Commercial).(Ward 4, District 10)(ZC08-08-048)(Zoning Commission Approved 8/5/08)(Binder/Davis)

6) Ord. Cal. No. 3918 - Ordinance amending the official zoning map of St. Tammany to reclassify land located north of LA Highway 36, west of Manor Street, east of St. Landry street, being 20409 Highway 36 containing 0.966 acres of land from SA (Suburban Agricultural) to C-2 (Highway Commercial).(Ward 3, District 3)(ZC08-08-049)(Zoning Commission Approved 8/5/08) (Binder/Davis)

7) Ord. Cal. No. 3919 - Ordinance amending St. Tammany Land Use Regulations, Ordinance No. 523, Section 2.1502 to provide for a change in the permitted uses in the M-2 Intermediate Industrial District. (ZC07-06-038)(Zoning Commission Approved 8/5/08)(Binder/Davis).

8) Ord. Cal. No. 3920 - Ordinance to extend for six (6) months the moratorium on issuance of permits for construction or placement of buildings within portions of Tammany Hills and Ingram Estates Subdivisions. (Ward 3, District 5)(Gould)

9) Ord. Cal. No. 3921 - Ordinance to extend for six (6) months the moratorium on issuance of permits for construction or placement of buildings on Eola, Jordon and Elmer Streets west of Soult Street and on submission of applications to enter the parish right of way. (Ward 4, District 5).

10) Ord. Cal. No. 3922 - Ordinance to extend for six (6) months the moratorium on applications for mobile home conditional use or building permits within Bayou Heights Subdivision. (Ward 6, District 6)(Crawford-Howell)

11) Ord. Cal. No. 3923 - Ordinance establishing a “No Parking” Zone on both sides of Webster Street. (Ward 4, District 10)(Billiot)

12) Ord. Cal. No. 3924 - Ordinance to establish a franchise fee on holders of a state issued certificate of franchise authority to provide cable service or video service in unincorporated St. Tammany, to provide for public, educational, and governmental access programming and access support, and to otherwise provide with respect to those matters authorized in Chapter 10-A of Title 45 of the Louisiana Revised Statutes of 1950, The Consumer Choice for Television Act. (Gould and Binder)

13) Ord. Cal. No. 3925 - Ordinance correcting the boundary description of Sewage District No. 6, Article II Sewage Districts, Division 7 District No. 6, Section 21-076.00 of the Parish Code. (Ward 3, District 3)(Thompson)

14) Ord. Cal. No. 3926 - Ordinance amending the 2008 Operating Budget. (Binder/Davis)

15) Ord. Cal. No. 3927 - Ordinance to correct the road and drainage inventory to include Willie Hunt Road, and Techefuncte Street; to include extensions of Vincent Street, Bonfouca Street, W. Higgins Road, Scotch Pine Drive; and to remove a portion of E.T. Road. (Wards 2, 4, 5 & 9) (Districts 2, 4 & 6)(Binder/Davis)

RESOLUTIONS

22) Resolution C.S. No. C-2445 - Resolution establishing Adjusted Millage Rate for the year 2008. (Tabled 8/7/08)(Binder/Davis)

23) Resolution C.S. No. C-2446 - Resolution reestablishing the Legal Maximum Millage Rates for the year 2008. (Tabled 8/7/08)(Binder/Davis)

24) Resolution C.S. C-2457 - Resolution approving the issuance of $160,000 of Revenue Anticipation Notes, Series 2008 of Fire Protection District No. 3. (Binder/Davis)

25) Resolution C.S. No. C-2458 - Resolution approving the issuance of $184,000 of Certificates of Indebtedness, Series 2008 of Fire Protection District No. 7. (Binder/Davis)

26) Resolution C.S. No. C-2459 - Resolution approving the holding of an election in Fire Protection District No. 11 to authorize the levy of a special tax therein. (Binder/Davis)

27) Resolution C.S. No. C-2460 - Resolution to vacate, in part, the moratorium established by Ordinance C.S. 08-1818 on issuance of building permits for construction or placement of buildings in a portion of Cypress Park Subdivision. (Ward 7, District 7)(Hamauei)

28) Resolution C.S. No. C-2461 - Resolution to amend Ordinance C.S. No. 07-1680 - 2008-2012 Capital Improvement Budget, Fixed Asset and Grant Awards. (Binder/Davis)

29) Resolution C.S. No. C-2462 - Resolution to amend Ordinance C.S. No. 07-1680 - 2008-2012 Capital Improvement Budget, Fixed Asset and Grant Awards. (Binder/Davis)

30) Resolution C.S. No. C- 2463 - Resolution supporting and authorizing the Chief Administrative Office to execute an agreement with the Louisiana Department of Transportation and Development for funding of the Airport Runway Safety Foreign Object Debris Control Program at the St. Tammany Regional Airport.(Binder/Davis)

31) Resolution C.S. No. C-2464 - Resolution certifying that the Parish Government has no bond funding sufficient to fund the project entitled “Camp Salmen Acquisition and Improvements, Planning and Construction ($449,000 Non State Match)”.

32) Resolution C.S. No. C-2465 - Resolution certifying that the Parish Government has no bond funding sufficient to fund the project entitled “Maritime Training Institute Complex”. (Binder/Davis)

33) Resolution C.S. No. C-2466 - Resolution certifying that the Parish Government has no bond funding sufficient to fund the project entitled “Slidell Levee Project, Planning and Construction”.(Binder/Davis)

34) Resolution C.S. No. C-2467 - Resolution that the Parish Government has no bond funding sufficient to fund the project entitled “UNO Technology Park Drainage, Sewer and Water Extensions and Road”. (Binder/Davis)

35) Resolution C.S. No. C-2468 - Resolution to amend Ordinance C.S. No. 07-1680 - 2008-2012 Capital Improvement Budget, Fixed Asset and Grant Awards to make changes to the Capital Road List - Fund 300 to increase the Koop Drive Extension Project.

36) Resolution C.S. No. C-2469 - Resolution to support Fire Protection District No. 3's application for assistance from the Louisiana Office of Community Development for the purpose of receiving education materials for public safety education division. (Binder/Davis)

37) Resolution C.S. No. C-2470 - Resolution to support Fire Protection District No. 4's application for assistance from the Louisiana Office of Community Development for the purpose of receiving education materials for public safety education division. (Binder/Davis)

38) Resolution C.S. No. C-2471 - Resolution to support Fire Protection District No. 5's application for assistance from the Louisiana Office of Community Development for the purpose of receiving education materials for public safety education division. (Binder/Davis)

39) Resolution C.S. No. C-2472 - Resolution to support Fire Protection District No. 6's application for assistance from the Louisiana Office of Community Development for the purpose of receiving education materials for public safety education division. (Binder/Davis)

40) Resolution C.S. No. C-2473 - Resolution to support Fire Protection District No. 7's application for assistance from the Louisiana Ofice of Community Development for the purpose of receiving education materials for public safety education division. (Binder/Davis)

41) Resolution C.S. No. C-2474 - Resolution to Support Fire Protection District No. 8s application for assistance from the Louisiana Office of Community Development for the purpose of receiving education materials for public safety education division. (Binder/Davis)

42) Resolution C.S. No. C-2475 - Resolution to support Fire Protection District No. 9's application for assistance from the Louisiana Office of Community Development for the purpose of receiving education materials for public safety education division. (Binder/Davis)

43) Resolution C.S. No. C-2476 - Resolution to support Fire Protection District No. 10's application for assistance from the Louisiana Office of Community Development for the purpose of receiving education materials for public safety education division. (Binder/Davis)

44) Resolution C.S. No. C-2477 - Resolution to support Fire Protection District No. 11's application for assistance from the Louisiana Office of Community Development for the purpose of receiving education materials for public safety education division. (Binder/Davis)

45) Resolution C.S. No. C-2478 - Resolution to support Fire Protection District No. 12's application for assistance from the Louisiana Office of Community Development for the purpose of receiving education materials for public safety education division. (Binder/Davis)

46) Resolution C.S. No. C-2479 - Resolution to support Fire Protection District No. 13's application for assistance from the Louisiana Office of Community Development for the purpose of receiving education materials for public safety education division.(Binder/Davis)

47) Resolution C.S. No. C-2480 - Resolution establishing warranty obligations. (Binder/Davis)

(1.) PERFORMANCE

NAME OF SUBDIVISION RECOMMENDATION

Angelic Estates (a/k/a The Birg) S/D 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 Obligation Continued:

Marigny Trace S/D, Phases 6A & 6B PERFORMANCE OBLIGATION

Amount: $8,900 EXTEND FOR SIX (6) MONTHS OR

Expires: September 19, 2008 UNTIL WORK IS SATISFACTORILY

Ward:4, District: 10 ACCOMPLISHED

(2.) WARRANTY

NAME OF SUBDIVISION RECOMMENDATION

Del Sol Subdivision EXTEND FOR ONE (1) YEAR OR UNTIL

Amount: $90,000 WORK IS SATISFACTORILY

Expires: October 16, 2008 ACCOMPLISHED

Ward:1, District: 1

Plantation Subdivision (Shiloh Lane) EXTEND FOR ONE (1) YEAR OR UNTIL

Amount: $29,300 WORK IS SATISFACTORILY

Expired: October 17, 2008 ACCOMPLISHED

Ward:10, District: 2

Penn Mill Lakes S/D, Phase 2B RELEASE L.O.C.

Amount: $64,600 TO BE BROUGHT INTO THE

Expires: November 8, 2008 SELECTIVE PARISH MAINTENANCE

Ward:3, District: 3 SYSTEM

48) Resolution C.S. No. C-2481 - Resolution to concur/not concur with Covington annexation and rezoning of 5.302 acres from parish SA (Suburban Agriculture) to Covington C2 (Neighborhood Commercial) located between Airport Road and Highway 25(CO2008-03).(Ward 3, District 2) (Binder/Davis)

49) Resolution C.S. No. C-2482 - Resolution to concur/ not concur with Covington annexation and rezoning of .58 acres from Parish C-2 (Highway Commercial) to Covington C-3 Highway Commercial located at Airport Road & Highway 25 (CO2008-04). (Ward 3, District 2) (Binder/Davis)

50) Resolution C.S. No. C-2483 - Resolution stating the Parish Council’s endorsement of KEB Consulting, LLC, for participation in the Louisiana Enterprise Zone program. (Binder/Davis)

51) Resolution C.S. No. C-2484 - Resolution stating the Parish Council’s endorsement of Bruno Wink, LLC, for participation in the benefits of the Louisiana Enterprise Zone program. (Binder/Davis)

52) Resolution C.S. No. C-2485 - Resolution approving the appointment of Rick Loggins as Director of the Department of Management Information Systems for the remainder of the 2008-2011 Parish President’s term of office. (Binder/Davis)

53) Resolution C.S. No. C-2486 - Resolution approving the appointment of Gina Campo as Director of Departments for the remainder of the 2008-2011 Parish President’s term of office. (Binder/Davis)

END OF CONSENT CALENDAR

APPEALS

1) Daniel S. Covey appealing the Planning Commission APPROVAL on June 10, 2008 of Preliminary Subdivision Review of Autumn Creek II (Resubmitted). (Ward 1, District 1) (SD06-06-020P)(Applicant Cooper Engineering, Inc.) (Tabled 7/3/08)

NOTE: To concur with Planning APPROVAL, a simple majority vote is required and adoption of a resolution.

NOTE: To override Planning APPROVAL, a majority vote of the entire Council is required and adoption of a resolution.

2) Daniel S. Covey appealing the Planning Commission APPROVAL on June 10, 2008 of Preliminary Subdivision Review of Autumn Creek II, Phase 2(Resubmitted).(Ward 1, District 1) (SD06-08-028P2)(Applicant Cooper Engineering, Inc.) (Tabled 7/3/08)

NOTE: To concur with Planning APPROVAL, a simple majority vote is required and adoption of a resolution.

NOTE: To override Planning APPROVAL, a majority vote of the entire Council is required and adoption of a resolution.

3) Daniel S. Covey appealing the Planning Commission APPROVAL on June 10, 2008 of Preliminary Subdivision Review of Autumn Creek II, Phase 3(Resubmitted).(Ward 1, District 1) (SD06-09-032P3)(Applicant Cooper Engineering, Inc.) (Tabled 7/3/08)

NOTE: To concur with Planning APPROVAL, a simple majority vote is required and adoption of a resolution.

NOTE: To override Planning APPROVAL, a majority vote of the entire Council is required and adoption of a resolution.

4) Applicant Leroy J. Cooper appealing the Zoning Commission DENIAL on August 5, 2008 to rezone 13.3 acres on the west side of Highway 59, north of Walder Road, from SA Suburban Agricultural to PUD (Planned Urban Development). (Ward 4, District 10) (ZC08-01-005)

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.

5) Applicant Donna Nevels appealing the Zoning Commission DENIAL on August 5, 2008 to rezone 15,000 square feet on the northeast corner of Howze Beach Road and Rio Street, from SA (Suburban Agricultural) to C-1 (Neighborhood Commercial). (Ward 9, District 12) (ZC08-07-040)

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.

6) Applicant William J. Orazio, Jr. appealing the Zoning Commission DENIAL on August, 2008 of a conditional use permit for a 10,000 sq. ft. Outdoor Storage Yard on the south side of Jim Sharp Road, east of LA Highway 1129. (Ward 2, District 2)(CP08-08-127)

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.

ORDINANCES FOR ADOPTION

(Public Hearing)

1) Ord. Cal. No. 3840 - Ordinance amending 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, District 14) (ZC08-04-016)(Zoning Commission approved 5/6/08) (Introduced 8/7/08)

2) Ord. Cal. No. 3866 - Ordinance amending official zoning map of St. Tammany to reclassify land west of Courtano Drive, south of Harrison Avenue containing 28,800 square feet from A-2 Suburban to C-1 Neighborhood Commercial. (Ward 3, District 5)(ZC08-06-028)(Zoning Commission approved 6/3/08)(Introduced 8/7/08)

3) Ord. Cal. No. 3892 - 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 property within a portion of Tammany Forest Subdivision. (Ward 7, District 7)(Introduced 8/7/08)

4) Ord. Cal. No. 3893 - Ordinance to extend for an additional six (6) months the moratorium on submissions for rezoning or resubdivision of property located north of Interstate 12 and abutting or accessing Airport Road. (Ward 9, District 11) (Introduced 8/7/08)

5) Ord. Cal. No. 3894 - Ordinance to amend and extend for an additional six (6) months the moratorium on the placement of fill on undeveloped property within a portion of Tammany Hills Subdivision. (Ward 3, District 5) (Introduced 8/7/08)

6) Ord. Cal. No. 3895 - Ordinance to rename E. Fairway Drive Extension as Judge Tanner Boulevard. (Introduced 8/7/08)

7) Ord. Cal. No. 3896 -Ordinance establishing a “No Thru Trucks” Zone on Slemmer Road. (Ward 3, District 5) (Introduced 8/7/08)

8) Ord. Cal. No. 3897 - Ordinance establishing a “No Thru Trucks” Zone on both sides of Beech Street and Dove Park Road. (Ward 4, District 5) (Introduced 8/7/08)

9) Ord. Cal. No. 3898 - Ordinance establishing a “No Parking” Zone on both sides of Powell Drive from Highway 11 to Powell Road. (Ward 9, District 14) (Introduced 8/7/08)

10) Ord. Cal. No. 3899 - Ordinance amending the official zoning map of St. Tammany to reclassify land on the northwest corner of Highway 59 & Labarre Street containing 0.121 acres from A-2 (Suburban) to C-2 (Highway Commercial). (Ward 4, District 10) (ZC08-07-036) (Zoning Commission approved 7/8/08) (Introduced 8/7/08)

11) Ord. Cal. No. 3900 - Ordinance to amend Land Use Regulatory Ordinance No. 523, Section 5.1606.D.1, relative to landscaping within a utility easement when the utility easement is located within the street planting area. (ZC08-07-038)(Zoning Commission approved 7/8/08) (Introduced 8/7/08)

12) Ord. Cal. No. 3901 - Ordinance establishing a “No Parking” Zone on a portion of both sides of Defiance Drive. (Ward 8, District 9) (Introduced 8/7/08)

13) Ord. Cal. No. 3903 - Ordinance to amend the Unified Development Code, Volume 1 – Zoning, by adopting the new zoning designations of PF-2 Public Facilities District, PF-3 Public Facilities District and TND-1 Traditional Neighborhood Development District and amending the adopted TND Traditional Neighborhood Development District to be designated as a TND-2 Traditional Neighborhood Development District. (Introduced 8/7/08 and Referred to Zoning Commission)

15) Ord. Cal. No. 3904 - Ordinance to waive Subdivision Regulations Ordinance No. 499; Sec. 40-032.04; Paragraph 1. (e) which prohibits placement of sub-surface drainage longitudinally under any new roadway course. (Planning Commission Approved July 8, 2008) (Introduced 8/7/08)

16) Ord. Cal. No. 3905 - Ordinance to correct the Drainage Inventory to include certain drainage ditches. (Districts 1, 2, 3, 6, 7, 8, 9, 10 &13)(Introduced 8/7/08)

17) Ord. Cal. No. 3906 - Ordinance to correct the road inventory to include an extension to Jenkins Cemetery Road. (Ward 5, District 2) (Introduced 8/7/08)

18) Ord. Cal. No. 3907 - Ordinance authorizing the Parish President and Council Chairman to enter into negotiations with one or more qualified proposers and to execute a contract or contracts with the qualified proposer(s) to the St. Tammany Parish Request for Proposal #450-13-08-03-3 for transit service dated July 10, 2008.(Introduced 8/7/08)

19) Ord. Cal. No. 3908 - Ordinance amending Parish Code of Ordinances, Article II, Watercraft Speed Limits, Section 15-006.00a, to provide for inclusion of the private canals of Lakeshore Estates under the “dead slow, no wake” zones.(Ward 9, District 13) (Introduced 8/7/08)

20) 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)

21) Ord. Cal. No. 3910 - Ordinance amending the official zoning map of St. Tammany to reclassify land located south of Highway 190, east of 16th Street and west of 15th street containing 2 acres from C-1 (Neighborhood Commercial) to C-2 (Highway Commercial).(ZC08-07-041)(Zoning Commission Approved July 1, 2008)(Introduced following appeal 8/7/08)(Ward 7, District 7).

22) Ord. Cal. No. 3911 - Ordinace to amend Parish Code, Chapter 2, Article III, Parish Council, Section 2-031.05 Agenda Format, to make changes consistent with newly enacted state law.

23) Ord. Cal. No. 3913 - Ordinance to impose a six (6) month moratorium on the issuance of building permits for construction or placement of building structures on property on the south side of Lakeview Drive. (Ward 9, District 13)(Artigue)(Introduced at Special Council Meeting 8/27/08)

NOMINATIONS

1) Resolution to appoint six (6) members _____________________, _____________________, ___________________,___________________,_____________________,and _____________________ to the St. Tammany Parish Library Board of Control. (Parishwide) (Binder)

2) Resolution to appoint ________________________ to replace Barry Bagert (resigned) to St. Tammany Hospital Services District No. 2 Appointing Authority. (Districts 6, 7, 8, 9, 11, 12, 13, 14)(Bellisario)