PUBLISHED
APRIL 30, 2009 AND POSTED AT PARISH COMPLEX BY MAY 4, 2009
AGENDA
THURSDAY, MAY 7,
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
Rebecca
Crawford-Howell
Jerry
Binder
E.
L.
Henry
Billiot
Steve
Stefancik
Richard
Artigue
PRESENTATIONS
1) Certificate of Recognition to Bonnie Romano,
2) Presentation proclaiming May as Amyotrophic Lateral
Sclerosis Awareness Month. (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 April
2, 2009
Council Committee
Meeting April 29, 2009
ORDINANCES FOR
INTRODUCTION
(Public Hearing
June 4, 2009)
1) 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) (Tabled 3/5/09
& 4/2/09)
2) Ord. Cal. No. 4053 -
Ordinance accepting Act of Dedication and Donation of a twenty-five foot right
of way and servitude for future improvements, expansion and/or widening of
3) Ord. Cal. No. 4054 -
Ordinance establishing a “No Parking” Zone on portions of
4) Ord. Cal. No. 4055 -
Ordinance establishing a “No Parking” Zone on portions of
5) Ord. Cal. No. 4056 -
Ordinance amending the official zoning map of St. Tammany to reclassify land
located southeast Tantella Ranch Road and North of Highway 1077, containing
80.83 acres, from SA (Suburban Agricultural) to Planned Unit Development (PUD). (Ward 1, District 1) (ZC05-03-013) (Dean)
6) Ord. Cal. No. 4057 - Ordinance to amend Appendix B of
the Parish Code of Ordinances, Subdivision Regulatory Ordinance No. 499,
specifically, Section 40-045.0 Minor Subdivision Review, Number 1.,
Subpart (f), Number 2., Subpart (b.) 1.,2.,4. and 5., Number 4 Exemption,
and Subsection 40-045.01 Minimum Construction Standards for a Private Drive,
creating Subpart (e.), for the purposes of clarification of said sections.
(Binder/Davis)
7) Ord. Cal. No. 4058 - Ordinance to amend Appendix B of the Parish Code of Ordinances, Subdivision
Regulatory Ordinance No. 499, specifically amending Section 40-090.0 Schedule
of Fees, Subtitle "Resubdivisons", and creating subtitle "Minor
Subdivisions" within same said section. (Binder/Davis)
8) Ord. Cal. No. 4059 - Ordinance to amend Ordinance C.S.
No- 04-0908, adopted June 3, 2004 which established and validated rates and
fees for sewerage and water services provided by systems owned and operated by
the Parish to amend Cross Gates Utility. (Binder/Davis)
9) Ord. Cal. No. 4060 -
Ordinance to authorize the Parish President to purchase, expropriate or acquire
certain parcels and/or rights-of-way for the Harrison Avenue Extension Phase 1
Project. (Binder/Davis)
10) Ord. Cal. No. 4061 -
Ordinance to authorize the Parish President to purchase, expropriate or acquire
immovable property, structures and/or rights-of-way for the Fishing Pier
Project. (Binder/Davis)
11) Ord. Cal. No. 4062 -
Ordinance to authorize the Parish President to purchase, expropriate or acquire
certain parcels and/or rights-of-way from Cross Gates Utilities, Inc.
(Binder/Davis)
12) Ord. Cal. No. 4063 -
Ordinance to exempt certain properties listed on the National Park Service
Registry of Historical Places from the Parish No Net Fill Ordinance
requirements. (Binder/Davis)
13) Ord. Cal. No. 4064 -
Ordinance to correct the Road and Drainage Inventory to include Brownswitch
Road; Jefferson Avenue; and Morgan Road Lateral Ditch. (Wards 1, 3 & 8, Districts 1, 5, & 9)
(Binder/Davis)
14) Ord. Cal. No. 4065 -
Ordinance accepting finalized subdivisions into the Road and Drainage
Inventories, specifically Willow Bend, Phase 1; Eagle Landing; Abney Farms;
Grand Oaks, Phase 1; Northshore Commercial Park; Johnny Smith Memorial Business
Park; and Tallow Creek, Phase 1E. (Wards 1, 4, 8 & 9, Districts 1, 7, 9
& 14) (Binder/Davis)
15) Ord. Cal. No. 4066 -
Ordinance to amend Parish Code, Chapter 13, Division 1 to add a new Section
13-009.00 prohibiting the use of auxiliary or compression engine breaks,
commonly referred to as “Jake Brakes” within certain areas of unincorporated
St. Tammany Parish.
RESOLUTIONS
16) Resolution C. S. NO. C-2616
- Resolution to vacate, in part, the six (6) month moratorium established by
Ordinance C.S. No. 05-1173, and any subsequent extension thereof, on the
issuance of permits for construction or placement of building structures on
property that abuts Louisiana Highway 59, or is located within a distance of
two hundred (200') feet of the centerline of the highway, and which property,
being situated along said highway, is in the area between the north side of
Louisiana Highway 1088 and the south side of I-12. (Ward 4, District 5) (Gould)
17) Resolution C.S. No. C-2617 -
Resolution declaring as surplus certain assets and authorizing sale of same.
(Binder/Davis)
18) Resolution C.S. No. C-2618 -
Resolution to support the Tammany Trace Foundation's application for assistance
from the Recreational Trails Program for the Purpose of Constructing a Portion
of the Tammany Trace Bike Path within the Camp Salmen Nature Park.
(Binder/Davis)
19) Resolution C.S. No. C-2619 -
Resolution to support Parish Government's application for assistance from the
Recreational Trails Program for the Purpose of Resurfacing the Tammany Trace in
the City of Mandeville from Gerard Street to Rapatel Street. (Binder/Davis)
20) Resolution C.S. No. C-2620 -
Resolution stating the Parish Council's endorsement of Delta Core Development,
LLC, for participation in the Benefits of the
21) Resolution C.S. No. 2621 -
Resolution to concur/not concur with the City of
Covington annexation and rezoning of 3.608
acres from Parish C-2 (Highway
Commercial) to City of Covington C-3 (Highway Business) located at 1884 Collins Blvd, Sect 45, Township 7 South, Range 11
East. (Ward 3, District 2)
22) Resolution C.S. No. 2622 -
Resolution Establishing Warranty Obligations. (Binder/Davis)
WARRANTY
NAME OF
SUBDIVISION RECOMMENDATION
Ashton Parc
Subdivision, Filing 1; Part 1 EXTEND
FOR ONE (1) YEAR OR UNTIL
Amount: $74,200 WORK
IS SATISFACTORILY
Expires: June 26,
2009 ACCOMPLISHED
Ward: 8 District: 9
Amount: $32,400 WORK
IS SATISFACTORILY
Expires: June 26, 2009 ACCOMPLISHED
Ward: 1 District: 1
Amount: $59,400 WORK
IS SATISFACTORILY
Expires: June 15, 2009 ACCOMPLISHED
Ward: 10 District: 2
23) Resolution C.S. No. C-2623 - Resolution authorizing Parish President to enter into a Cooperative Endeavor Agreement with the State of Louisiana, Office of Community Development, to obtain Community Development Block Grant funds for recovery from Hurricanes Gustav and Ike, to develop a program for the Parish to utilize the funds, and to provide public notice of the program pursuant to a Citizen Participation Plan. (Binder/Davis)
24) Resolution C.S. C-2624 -
Resolution adopting the updated CDBG Citizen Participation Plan for the Parish
Community Development Block Grant Program. (Binder/Davis)
25) Resolution C.S. C-2625 -
Resolution adopting the updated CDBG Procurement Procedures for the Parish
Community Development Block Grant Program. (Binder/Davis)
26) Resolution C.S. C-2626 - Resolution requesting the Louisiana Legislature to enact legislation to amend article 7, Section 18, of the Louisiana Constitution, relative to assessment, valuation and reappraisal of all property subject to ad valorem taxation, and for the repeal of Paragraph (b) of Section 23, Louisiana Constitution Article 7, relative to subsequent adjustments in the total amount of ad valorem taxes collected by any taxing authority in the year in which the reappraisal and valuation provisions of Section 18, Paragraph (f) of article 7 are implemented.
END OF CONSENT
CALENDAR
APPEALS
1) Applicant Sheldon
Fleming appealing the Zoning Commission DENIAL on April 7, 2009 to rezone 5
acres north of US Highway 190, west of Pleasant Drive. (Ward 9, District
11) (ZC09-04-007)
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) Lance Belcher on
behalf of Emerald Forest Condos appealing the Planning Commission APPROVAL on
April 14, 2009 of a Petition to enter Parish Right-of-way. (Unopened
portion of
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.
ORDINANCES FOR
ADOPTION
1) 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)(Referred to Zoning 3/5/09) (Tabled 4/2/09)
2) Ord. Cal. No. 4014AA -
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) (Tabled 3/5/09)
(Introduced 4/2/09)
3) Ord. Cal. No. 4019 -
Ordinance to amend the
4) Ord. Cal. No. 4020AA -
Ordinance to amend the St. Tammany Parish Unified Development Code, Volume I
(Zoning), Sections 5.20 through 5.23a, HC– Highway Commercial Zoning Districts
relative to height regulations.(Introduced 3/5/09) (Reintroduced 4/2/09)
5) Ord. Cal. No. 4027AA -
Ordinance amending and reenacting Section 40-034.01, Contiguous
6) Ord. Cal. No. 4029AA - 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. (Introduced 3/5/09) (Reintroduced 4/2/09)
7) Ord. Cal. No. 4033 -
Ordinance amending the official zoning map of St. Tammany to reclassify land
north Highway 21, east of Highway 1085 containing 1.73 acres from LC (Light
Commercial) to C-2 (Highway Commercial). (Ward 1, District 1) (ZC09-03-005) (Zoning Commission
approved3/3/09) (Introduced 4/2/09)
8) Ord. Cal. No. 4034 -
Ordinance establishing a speed limit of 35 mph on
9) Ord. Cal. No. 4035 - Ordinance
to extend for an additional six (6) months the moratorium on the issuance of
building permits for the construction or placement of building structures
within a portion of Cypress Park Subdivision and a portion of surrounding
areas. (Ward 7, District 7) (Introduced 4/2/09)
10) Ord. Cal. No. 4036 -
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 abutting, in whole or in
part, a portion of East I-10 Service Road, Slidell, Louisiana. (Ward 8,
District 8) (Introduced 4/2/09)
11) Ord. Cal. No. 4037 - Ordinance to extend for an additional six (6) months the moratorium on the receipt of submissions by the parish zoning and planning commissions for the rezoning or resubdivision of property west of highway 11 and south of interstate 12 within unincorporated boundaries of Ward 9, District 14. (Ward 9, District 14) (Introduced 4/2/09)
12) Ord. Cal. No. 4038 - 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 4/2/09)
13) Ord. Cal. No. 4039 - 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 whose primary focus or concentration is the prescribing and/or dispensing of pain medication to individuals with complaints of chronic pain which is unaffiliated with any hospital, hospice and/or facility for the treatment of the terminally ill in unincorporated St. Tammany Parish. (Introduced 4/2/09)
14) Ord. Cal. No. 4040 -
Ordinance to extend for an additional six (6) months the moratorium on requests
for rezoning of property within the triangular shaped area bounded on the south
by Highway 190, on the east by Tchefuncte River, and on the west by the St.
Tammany and Tangipahoa Parish line (Ward 1, District 1).(Introduced 4/2/09)
15) Ord. Cal. No. 4041 -
Ordinance to authorize the Parish President to execute an Act of Nullity of the
adjudicated property sale to
16) Ord. Cal. No. 4042
-Ordinance to amend the Parish Code of Ordinances, Section 2-009.00, Parish
Fees and Service Charge, transportation and drainage impact fees. (Introduced
4/2/09)
17) Ord. Cal. No. 4043 -
Ordinance to correct the Road and Drainage Inventory to include Honeydew Lane;
to add a portion to Scotch Pine Drive; and to delete portions of Monroe
Crawford Road; Reed Road; and Allen Road. (Wards 2, 4, 6 & 10, Districts 2,
4 & 6) (Introduced 4/2/09)
18) Ord. Cal. No. 4044 -
Ordinance to correct the Road and Drainage Inventory to include
19) Ord. Cal. No. 4045 -
Ordinance amending the 2008 Operating Budget. (Introduced 4/2/09)
20) Ord. Cal. No. 4046 -
Ordinance amending the 2009 Operating Budget. (Introduced 4/2/09)
21) Ord. Cal. No. 4047 -
Ordinance to amend the Parish Code of Ordinances, Chapter 16, Parks, Recreation
and Scenic Neighborhoods, to establish a new Article XIX, creating Recreation
District No. 16, and amending Article IV, to merge and consolidate Recreation
District No. 3 into and with the New Recreation District No. 16. (Introduced
4/2/09)
22) Ord. Cal. 4049 - Ordinance
to impose a six (6) month moratorium on the receipt of applications by the
Parish Zoning Commission for mobile home conditional use permits and/or on the
issuance of building permits for placement of mobile homes on property within
the subdivision known as Hillcrest Country Club, Additions #1, 2, 3 and 4.
(Ward 6, District 6) (Introduced 4/2/09)
23) Ord. Cal. No. 4050 -
Ordinance to authorize Parish President to purchase, expropriate or otherwise
acquire all certain parcels and/or rights of way for the Old Military Road at
Cleo Road Project. (Introduced 4/2/09)
24) Ord. Cal. No. 4051 -
Ordinance amending the 2009 Operating Budget. (Introduced 4/2/09)
25) Ord. Cal. No. 4052 -
Ordinance to amend the Parish Code of Ordinances Section 2-009.00 Parish Fees
and Service Charges, Subsection B. III - Subdivision and Associated Fees.
(Introduced 4/2/09)
NOMINATIONS
1) Resolution to appoint ___________________ (alternate
member) to replace John Scott Fischer (resigned) to the Parish Board of Zoning
Adjustments. (Binder)
APPOINTMENTS
1) Resolution to appoint Phillip P. Moore to
2) Resolution to appoint Lynette M. Stermer to
3) Resolution to appoint Jorge Fernandez to Fire
Protection District No. 13 to replace Alex Brett (resigned). (Dean)
4) Resolution to reappoint Thomas Laizer, III, Paul Dyer
and Robert Bergeron (terms expired) to St. Tammany Parish (Gravity) Drainage
District No. 5. (Gould)
5) Resolution to reappoint Otto Mehrgut, Andy Bumpas,
Alain Flexer, John Lavanway and David Bates (Terms Expired) to
6) Resolution to appoint David Haine to
EXECUTIVE SESSION
Lawsuit entitled: XL Bingo v. Kevin Davis, as President
of