PUBLISHED
FEB. 26, 2009 AND POSTED AT PARISH COMPLEX BY MARCH 2, 2009
AGENDA
THURSDAY, MARCH 5,
2009 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
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 February
5, 2009
Council Committee
Meeting February 25, 2009
ORDINANCES FOR
INTRODUCTION
(Public Hearing
April 2, 2009)
1) Ord. Cal. No. 4011 -Ordinance amending the official zoning map of St. Tammany to reclassify land located east of Military Road, south of Sycamore Drive containing 81.58 acres of land from PUD (Planned Unit Development) to A-1 (Suburban). (Ward 8, District 9) (ZC09-02-002) (Zoning Commission approved 2/3/09) (Binder/Davis)
2) Ord. Cal. No. 4012 - Ordinance amending the official zoning map of St. Tammany to reclassify land located northwest of Highway 25 & Highway 1077 containing 4.767 acres from R (Rural) to ID (Institutional). (Ward 2, District 3) (ZC09-02-003) (Zoning Commission approved 2/3/09) (Binder/Davis)
3) Ord. Cal. No. 4013 - Ordinance
amending the official zoning map of St. Tammany to reclassify land located on
south Eden Street, east of Industry Park containing 0.46 acres from SA
(Suburban Agricultural) to M-1 (Light Industrial). (Ward 3, District 3) (ZC09-02-004) (Zoning Commission
approved 2/3/09) (Binder/Davis)
4) Ord. Cal. No. 4014 -
Ordinance amending Ordinance C.S. No. 09-1985, adopted January 8, 2009 making changes
to Land Use Regulations Ordinance No. 523 as Amended, Section 6.01, and Unified
Development Code Section 7.0801, Modifications and Exceptions, Lots of Record,
amending side yard setback and driveway requirements. (Gould)
5) Ord. Cal. No. 4015 -
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. (Ward 3, District 5.) (Gould)
6) Ord. Cal. No. 4016 -
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) (Gould)
7) Ord. Cal. No. 4017 - Ordinance to extend for an additional six (6) months the moratorium on the receipt of applications for mobile home conditional use permits and/or on the issuance of building permits for placement of mobile homes on property within Bayou Heights Subdivision. (Ward 6, District 6) (Crawford-Howell)
8) Ord. Cal. No. 4018 -
Ordinance to extend for an additional six (6) month the moratorium on the
issuance of building permits for construction or placement of building
structures on property within portions of Beverly Hills and Kingspoint
Subdivisions.(Ward 8, District 14) (Burkhalter)
9) Ord. Cal. No. 4019 -
Ordinance to amend the
10) Ord. Cal. No. 4020 -
Ordinance to amend the
11) Ord. Cal. No. 4021 -
Ordinance accepting finalized subdivisions into the Road & Drainage
Inventories, specifically Grand Maison, Phase 2; Northpointe Business Park,
Phase 1; and Northpointe Business Park, Phase 2; and enter Parish Right of Way
on Pansy Street and Independence Street. (Wards 1, 3 & 4, Districts 1, 3 & 5)
(Binder/Davis)
12) Ord. Cal. No. 4022 -
Ordinance to correct the Road and Drainage Inventory to include South Hay
Hollow Road Lateral; Palm Street Lateral and Fish Hatchery Road Lateral. (Wards
2, 7 & 9, Districts 2, 7 & 12)
(Binder/Davis)
13) Ord. Cal. No. 4023 -
Ordinance to amend Ordinance C.S. No. 07-1680, 2008-2012 Capital Improvement
Budget to identify changes to the Capital Improvement List for 2008-2012.
(Binder/Davis)
14) Ord. Cal. No. 4024 -
Ordinance to amend Ordinance C.S. No. 07-1680, 2008-2012 Capital Improvement
Budget and identify Fixed Assets and Grant Awards. (Binder/Davis)
15) Ord. Cal. No. 4025 -
Ordinance providing for the incurring of debt and issuance of Four Million
Dollars ($4,000,000) of St. Tammany Parish Revenue Bonds, Series 2009 for
water and sewerage facilities improvements; prescribing the form, terms and
conditions of said Bonds; designating the date, denomination and place of
payment of said Bonds; providing for the payment thereof in principal and
interest; authorizing the agreement with the Paying Agent; and providing for
other matters in connection therewith. (Binder/Davis)
16) Ord. Cal. No. 4026 -
Ordinance to extend for an additional six (6) months the moratorium on the
issuance of permits for construction or placement of building structures on
property within certain portions of Highland
Park Subdivision. (District 12) (Binder)
17) Ord. Cal. No. 4027 -
Ordinance amending and reenacting Section 40-034.01, Contiguous
18) Ord. Cal. No. 4028 -
Ordinance to authorize the Parish President, to enter into a lease agreement
with Florida Parishes Human Services Authority’s Developmental Disabilities
Services for space in the St. Tammany Parish State Building (aka-DHH
Building).(Binder/Davis)
19) Ord. Cal. No. 4029 - Ordinance to amend the Unified Development Code, Volume 1 - Zoning, by adopting the recommendation of the Parish Zoning Commission, as amended, relative to the Comprehensive Rezoning of the South West Study Area. (Binder/Davis)
RESOLUTIONS
20) Resolution C.S. No. C-2582 -
Resolution approving the holding of an election in
21)
Resolution C.S. No. C-2583 - Resolution establishing
Warranty Obligations. (Binder/Davis)
WARRANTY
NAME OF
SUBDIVISION RECOMMENDATION
Willow
Amount: $26,400 TO
BE BROUGHT INTO THE
Expires:
April 10, 2009 SELECTIVE
PARISH MAINTENANCE
Ward:1, District:
1 SYSTEM
Enter Parish
R.O.W. (Resolution No. 07-154) EXTEND
FOR ONE (1) YEAR OR UNTIL
I-
Amount: $81,000 ACCOMPLISHED
Expires: April 15, 2009
Ward:9, District: 13
Eagle Landing -
Entrance EXTEND
FOR ONE (1) YEAR OR UNTIL
Amount: $1,200 WORK
IS SATISFACTORILY
Expires: April 21, 2009 ACCOMPLISHED
Ward: 1, District: 1
Eagle Landing
Subdivision RELEASE
L.O.C.
Amount: $63,240.00 TO
BE BROUGHT INTO THE
Expires: April 29, 2009 SELECTIVE
PARISH MAINTENANCE
Ward: 1,
District: 1 SYSTEM
Autumn Creek
Subdivision, Phase 2 RELEASE
WARRANTY OBLIGATION
Amount: $37,000 AND
ESTABLISH A
Expires: July 7,
2009 PERFORMANCE
OBLIGATION
Ward:1, District:
1 FOR
SIX (6) MONTHS
Abney
Farms Subdivision RELEASE
L.O.C.
Amount: $6,000 TO
BE BROUGHT INTO THE
Expires: May 8,
2009 SELECTIVE
PARISH MAINTENANCE
Ward: 8,
District: 9 SYSTEM
Barkley Parc
Subdivision, Phase 2A RELEASE
L.O.C.
Amount: $38,400
Expires: March 16, 2009
Ward:3, District: 3
Grand Oaks
Subdivision, Phase 1 RELEASE
L.O.C.
Amount: $22,100 TO
BE BROUGHT INTO THE
Expires: March
19, 2009 SELECTIVE
PARISH MAINTENANCE
Ward:1, District:
1 SYSTEM
22) Resolution C.S. No. C-2584 -
Resolution stating Council endorsement of BGL Grocers, Inc. for participation
in the benefits of
23)
Resolution C.S. No. C-2585 - Resolution stating
Council endorsement of Dauphin Stewart Corp. for participation in the benefits
of
24)
Resolution C.S. No. C-2586 - Resolution stating
Council endorsement of Children’s College, LLC for participation in the
benefits of
25)
Resolution C.S. No. C-2587 - Resolution to amend
Ordinance C.S. No. 08-1968, 2009-2013 Capital Improvement Budget, Fixed
Asset and Grant Awards. (Binder/Davis)
26) Resolution C.S. No. C-2588 -
Resolution to amend Ordinance C.S. No. 08-1968, 2009-2013 Capital Improvement
Budget, Fixed Asset and Grant Awards. (Binder/Davis)
27) Resolution C.S. No. C-2589 -
Resolution to amend Resolution C.S. No. C-2556 in order to remove the
information telephone number provided when the parish adopted a policy for
communicating information to persons with hearing impairments for the State of
Louisiana Community Development Block Grant (“LCDBG”) Disaster Recovery
Program. (Binder/Davis)
28) Resolution C.S. No. C-2590 -
Resolution certifying the population census counts for the Fire Protection
Districts of
29) Resolution C.S. No. C-2591 -
Resolution giving preliminary approval to the issuance of not to exceed Four
Million Dollars ($4,000,000) of St. Tammany Parish Revenue Bonds for water and
sewerage facilities improvements; providing certain terms of said Revenue
Bonds, making application to the State Bond Commission for the approval of
said Revenue Bonds, and providing for other matters in connection therewith.
(Binder/Davis)
30) Resolution C.S. No. C-2592
- Resolution authorizing the Parish
President to sign an amendment to a Cooperative Endeavor Agreement with the
State of Louisiana, Division of Administration to increase St. Tammany Parish’s
allotment of Disaster Recovery Funds for the purpose of implementing the Parish
Long Term Community Recovery Plans.(Binder/Davis)
31) Resolution C.S. No. C-2593 -
Resolution to vacate, in part, the moratorium established by Ordinance C.S. No.
08-1928 on issuance of building permits for construction or placement of
building structures on property located on the south side of Lakeview Drive, to
release Lot 7, North Shore Sites
Subdivision (Ward 8, District 13)(Ward 8, District 13)
END OF CONSENT
CALENDAR
APPEALS
1) Jeff Schoen on behalf of Phillip Yee appealing the
Zoning Commission DENIAL on January February 5, 2009 of a conditional use
permit for a 4800 sq. ft. cellular tower on the north side of Gause Blvd. west
of Sunset Drive, address 1717 Highway 190, West. (Ward 9, District 11)
(CP09-01-006)
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
1) Ord. Cal. No. 3902AA - 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) (Tabled 11/6/08 &
12/4/08) (Reintroduced as amended 1/8/09 & 2/5/09)
2) Ord. Cal. No. 3909AA - 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, 11/6/08 & 12/4/08)) (Tabled by Zoning Commission 10/7/08)
(Zoning Commission Denied 11/5/08) (Reintroduced 1/8/09) (Tabled 2/5/09)
3) Ord. Cal. No. 3967
- Ordinance to amend Parish Code of Ordinances,
Appendix C, Land Use Regulations Ordinance No. 523 as amended, Sections
2.0205 and 6.01 to add new provisions for development of land on the south side
of Lakeview Drive. (Ward 9, District 13)
(Introduced 12/4/08) (Tabled 1/8/09 & 2/5/09 pending Zoning Commission
review)
4) Ord. Cal. No. 4000 - Ordinance amending the official
zoning map of St. Tammany to reclassify land west of La Highway 59, north of
Casril Drive containing 5.822 acres from A-2 (Suburban), C-2 (Highway Commercial) & M-1 (Light
Industrial) to M-1 (Light Industrial).
(ZC09-01-001) (Introduced 2/5/09)
5) Ord. Cal. No. 4001 - Ordinance to repeal and reenact Section 13.001.01 of the Parish Code to prohibit operating a motor vehicle on any Public Levee and to regulate motor vehicles on privately owned and maintained levees. (Introduced 2/5/09)
6) Ord. Cal. No. 4002 - Ordinance to amend Ordinance C.S.
No. 05-1049, adopted 2/3/05 which established the “personnel policies’ to
provide for amendments reflected herein. (Introduced 2/5/09)
7) Ord. Cal. No. 4003 - Ordinance to authorize the Parish
President to purchase, expropriate or
otherwise acquire a certain parcel of land (commonly referred to as Bluebird
Street) from Jerry Bohannan. (Ward 9, District 11) (Introduced 2/5/09)
8) Ord. Cal. No. 4004 - Ordinance accepting finalized
subdivisions into the Road & Drainage Inventories, specifically Autumn
Creek, Phase 1; Countryside, Phase 1; Stonebridge at Madisonville; Madison
Farms, Phase 6 & 7; Penn Mill Lakes
, Phase 2-b; and Del Sol Subdivisions. (Wards 1 & 3, Districts 1 & 3)
(Introduced 2/5/09)
9) Ord. Cal. No. 4005 - Ordinance to extend for an
additional six (6) months the moratorium on the issuance of permits for
construction on property within a portion of Tammany
10) Ord. Cal. No. 4006 - Ordinance to extend for an additional six (6) months the moratorium on rezoning or resubdivision of property located north of Interstate 12 and abutting or having access to Airport Road. (Ward 9, District 11) (Introduced 2/5/09)
11) Ord. Cal. No. 4007 - Ordinance to extend for an
additional six (6) months the moratorium on the issuance of building permits
for construction on property on the south side of Lakeview Drive. (Ward 9,
District 13) (Introduced 2/5/09)
12) Ord. Cal. No. 4008 - Ordinance to amend Parish Code of
Ordinances, Chapter 2, Article III, Parish Council and Ordinance C.S. No.
01-0283, adopted March 1, 2001, regarding cell phone expense policies. (Introduced
2/5/09)
13) Ord. Cal. No. 4009 - Ordinance accepting finalized
subdivisions into the Road & Drainage Inventories, specifically Marigny
Trace, Phase 6a and Marigny Trace, Phase 6b Subdivisions. (Ward 4, District 10)
(Introduced 2/5/09)
14) Ord. Cal. No. 4010 - Ordinance to amend the Unified
Development Code sections governing TND-1 and TND-2 Traditional Neighborhood
Development Zoning Districts. (Introduced 2/5/09)
EXECUTIVE SESSION
Lawsuit entitled: Manton v. Strain, USDC No. 09-339 “R” (3)