PUBLISHED
SEPT. 24, 2009 AND POSTED AT PARISH COMPLEX BY SEPT. 28, 2009
AGENDA
THURSDAY, OCTOBER
1, 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
PUBLIC HEARING -
BOARD OF REVIEW
In accordance with the provisions of
The Assessor of
Board of Review call for unresolved appeals:
PRESENTATIONS
1) Recognize J&D Small Engine Repair as the October
Business of the Month. (Billiot)
2) Presentation by Jay Martin, Executive Director of the
CONSENT CALENDAR
(PAGES 2 THROUGH 8 )
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 September
3, 2009
Council Committee
Meeting September 23, 2009
ORDINANCES FOR
INTRODUCTION
(Public Hearing
November 5, 2009)
1) Ord. Cal. No. 4145 -
Ordinance to amend Parish Unified Development Code, Volume I (Zoning) Section
7.01 Landscape and Tree Preservation Regulations. (ZC09-08-021) (Zoning
Commission approved 9/1/09) (Binder/Davis)
2) Ord. Cal. No. 4146
-Ordinance to amend the Parish Unified Development Code, Volume I (Zoning) to
add a new zoning classification: Section 6.06
RO - Rural Overlay. (ZC09-08-025) (Zoning Commission approved 9/1/09)
(Binder/Davis)
3) Ord. Cal. No. 4147 -
Ordinance amending the official zoning map of the 2009 South Central
Comprehensive Rezoning Area 1 (CRA-1) of St. Tammany Parish to reclassify land
located on the northeast corner of LA Highway 434 & Berry Todd Road, south
of I-12 containing 10 acres from A-2 (Suburban) to a PF-1 (Public Facilities).
(Ward 7, District 7) (ZC09-09-027)
(Zoning Commission approved 9/1/09)
(Binder/Davis)
4) Ord. Cal. No. 4148 -
Ordinance to amend the Parish Unified Development Code, Volume I (Zoning),
Sections 5.20 HC-1 Highway Commercial District, 5.21 HC-2 Highway Commercial
District, 5.22 HC-3 Highway Commercial District, 5.23 HC-4 Highway Commercial District, 5.23a HC-5
Highway Commercial District, 5.24 I-1 Industrial District, 5.25 I-2 Industrial
District, 5.26 I-3 Heavy Industrial District, 5.26a I-4 Heavy Industrial
District, 5.3 PF-1 Public Facilities,
5.30a PF-2 Public Facilities, 5.30b PF-3 Public Facilities to add
the uses of snowball stands, Christmas tree sales, fireworks sales, seasonal
seafood sales, seasonal produce sales as an administrative permit.
(ZC09-09-028) (Zoning
Commission approved 9/1/09) (Binder/Davis)
5) Ord. Cal. No. 4149 -
Ordinance to correct the Road and Drainage Inventory to delete
6) Ord. Cal. No. 4150 - Ordinance
to rename
7) Ord. Cal. No. 4151 - Ordinance
accepting finalized subdivisions into the Road and Drainage Inventories
specifically
8) Ord. Cal. No. 4152 - Ordinance to authorize the Parish Council to declare Lot 51, Square 233-a Rural Mandeville, as surplus property and authorize the sale of said lot. (Binder/Davis)
9) Ord. Cal. No. 4153 - Ordinance to authorize the Parish Council to declare Slip 89 of Marina Chamale’ Condominiums, as surplus property and authorize the sale of said parcel.(Binder/Davis)
10) Ord. Cal. No. 4154 -
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) (Hamauei)
11) Ord. Cal. No. 4155 -
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, Slidell. (Ward 8, District 8)
(Canulette)
12) Ord. Cal. No. 4156 -
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 in District 14. (Ward 9, District 14) (Burkhalter)
13) Ord. Cal. No. 4157 - 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). (Gould)
14) Ord. Cal. No. 4158 -
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.(Binder)
15) Ord. Cal. No. 4159 -
Ordinance to extend for an additional
six (6) months the moratorium on the submission of applications to rezone
property located 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. (Dean)
16) Ord. Cal. No. 4160 - Ordinance to extend for an additional six (6) months the 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) (Crawford-Howell)
17) Ord. Cal. No. 4161 -
Ordinance to consolidate St. Tammany Parish Fire Protection District No. 9 and
St. Tammany Parish Fire Protection District No. 10. to abolish Fire Protection
District No. 10, and to reestablish Fire Protection District No. 9 after
enlarging and fixing the boundaries of Fire Protection District No. 9 to
include therein and therewith all of the territory situated within the existing
boundaries of Fire Protection District No. 10, which includes the Village of
Sun.(Ward 5, Districts 2 and 6) (Crawford-Howell)
18) Ord. Cal. No. 4162 -
Ordinance revoking the unaccepted dedication of a strip of property for an
unnamed street that has not been constructed and is not needed for public
purposes. (Ward 1, District 1) (Dean)
19) Ord. Cal. No. 4163 -
Ordinance adopting the 2010 Parish Operating Budget. (Binder/Davis)
20) Ord. Cal. No. 4164 -
Ordinance adopting the 2010-2014 Parish Capital Improvement Budget and Program,
and further identify Fixed Assets & Grants Awards. (Binder/Davis)
21) Ord. Cal. No. 4165 -
Ordinance to amend the Parish Code of Ordinances, Chapter 4 Animals, Fowl and
Reptiles, Article V Animal Control, Section 4-125.00 Public Nuisance, and
Ordinance C.S. No. 09-2000, adopted February 5, 2009, to prohibit roadside and parking lot sales of animals
throughout the unincorporated areas of St. Tammany Parish. (Ward 1, District 1)
(Dean)
22) Ord. Cal. No. 4166 -
Ordinance amending the official zoning map of the 2009 South Central Comprehensive
Rezoning Area One (CRA-1) of St. Tammany Parish to reclassify land north and
south of East Main Street and Clesi Avenue, east of Transmitter Road from A-3
(Suburban) to A-3 and Mobile Home Overlay (MHO).(Ward 6, District 11)
(Stefancik)
23) Ord. Cal. No. 4167 -
Ordinance amending the official zoning map of the 2009 South West Comprehensive
Rezoning Area Two (CRA-2) of St. Tammany Parish to reclassify land in the
Southern Corner of Keys Road and Hwy 21 from Professional Office (NC1) and
Neighborhood Institutional (NC4) to Medical Residential (MD1). (Ward 1,
District 1) (Dean)
24) Ord. Cal. No. 4168 -
Ordinance amending the official zoning map of the 2009 South West Comprehensive
Rezoning Area Two (CRA-2) of St. Tammany Parish to reclassify land at the
corner of Joiner Wymer Road and Hwy 1077 from Suburban (A-3) to Single Family
Residential (A4). (Ward 1, District 1) (Dean)
25) Ord. Cal. No. 4169 - Ordinance to
amend the Parish Code of Ordinances, Chapter 21, Article II, Division 7, to
provide for the abolishment of St. Tammany Parish Sewerage District No. 6 and
for all other matters in connection therewith. (Thompson)
RESOLUTIONS
26) Resolution C.S. No. C-2701 -
Resolution stating Council endorsement of Winn-Dixie-Montgomery for
participation in benefits of the
27) Resolution C.S. No. C-2702-
Resolution stating Council endorsement of TruSM, Inc. for participation in
benefits of the
28) Resolution C.S. No. C-2703 -
Resolution stating Council endorsement of Boudreaux & Thibodeaux's Cajun
Landing, LLC. for participation in benefits of the
29) Resolution C.S. No. C-2704 -
Resolution stating Council endorsement of CPU2, LLC for participation in the
benefits of the
30)
Resolution C.S. No. C-2705 - Resolution stating
Council endorsement of Anderson Memory Care Center, LLC for participation in
the benefits of the
31) Resolution C.S. No. C-2706 -
Resolution stating Council endorsement of Summerfield Retirement Community, LLC
for participation in the benefits of the
32) Resolution C.S. No. 2707 - Resolution stating Council endorsement of First Bank & Trust for participation in the benefits of the Louisiana Enterprise Zone Program. (EZ#2009-0930) (Binder/Davis)
33) Resolution C.S. No. C-2708 - Resolution establishing Warranty Obligations. (Binder/Davis)
PERFORMANCE
NAME OF
SUBDIVISION
RECOMMENDATION
Pontchartrain
Oaks Estates S/D PERFORMANCE OBLIGATION
Amount: $31,000 RELEASE
L.O.C.
Expires: July 26, 2010 THIS
IS A PRIVATE SUBDIVISION AND
Ward:
1, District: 1 THE
PARISH IS NOT RESPONSIBLE
FOR
ANY MAINTENANCE
WARRANTY
NAME OF
SUBDIVISION
RECOMMENDATION
Amount: $18,000 OR
UNTIL WORK IS
Expires: November
19, 2009 SATISFACTORILY
ACCOMPLISHED
Ward: 4, District: 7
Terra Bella S/D, Phase 1-A-1 RELEASE
L.O.C.
Amount: $61,900 TO
BE BROUGHT INTO SELECTIVE
Expires: October 9, 2009 PARISH
MAINTENANCE SYSTEM
Ward: 1, District: 1
Amount: $31,000 AND
ESTABLISH A
Expires: November 3, 2009 PERFORMANCE
OBLIGATION
Ward: 1, District: 1 FOR
SIX (6) MONTHS
Stonebrook S/D EXTEND
FOR ONE (1) YEAR
Amount: $10,900 OR
UNTIL WORK IS
Expires: November 1, 2009 SATISFACTORILY
ACCOMPLISHED
Ward: 4, District: 10
34) Resolution C.S. No. C-2709 -
Resolution to amend Ordinance C.S. No 08-1968 - 2009-2013 Capital Improvement
Budget and Program, Fixed Asset and Grant Awards. (Binder/Davis)
35) Resolution C.S. No. C-2710 -
Resolution to amend Ordinance C.S. No 08-1968 - 2009-2013 Capital Improvement
Budget and Program, Fixed Asset and Grant Awards to make changes to the Council
District No. 10 Road List. (Binder/Davis)
36) Resolution C.S. No. C-2711 -
Resolution to support Fire Protection District No. 3's application for
assistance from the
37) Resolution C.S. No. C-2712 -
Resolution to support Fire Protection District No. 5's application for
assistance from the
38) Resolution C.S. No. C-2713 -
Resolution to Support Fire Protection District No. 6's application for
assistance from the
39) Resolution C.S. No. C-2714 -
Resolution to Support Fire Protection District No. 7's application for
assistance from the
40) Resolution C.S. No. C-2715 -
Resolution to Support Fire Protection District No. 8's application for
assistance from the Louisiana Office of Community Development for the purpose
of purchasing necessary equipment to bring the department up to national
standards. (Binder/Davis)
41) Resolution C.S. No. C-2716 -
Resolution to Support Fire Protection District No. 9's application for
assistance from the
42) Resolution C.S. No. C-2717 -
Resolution to Support Fire Protection District No. 11's application for
assistance from the
43) Resolution C.S. No. C-2718 -
Resolution to Support Fire Protection District No. 13's application for
assistance from the
44) Resolution C.S. No. C-2719 -
Resolution to vacate, in part, the moratorium established by Ordinance C.S. No.
09-2027 on issuance of building permits for construction or placement of
building structures on property within a portion of Beverly Hills and
Kingspoint Subdivisions, to release Lot 17-a, Square 3. (Ward 8, District 14)
(Burkhalter)
45) Resolution C.S. No. C-2720 -
Resolution redistricting St. Tammany Parish Fire Protection District No. 9 and
St. Tammany Parish Fire Protection District No. 10 by enlarging and fixing the
boundaries of Fire Protection District No. 9 to include therein and therewith
all of the territory situated within the existing boundaries of Fire Protection
District No. 10, which includes the Village of Sun. (Ward 5, District 2 and 6)
(Binder/Davis)
46) Resolution C.S. No. C-2721
- Resolution giving preliminary approval
to the issuance of not to exceed Forty Five Million Dollars ($45,000,000) of
Utility Revenue Bonds of St. Tammany Parish; 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)
END OF CONSENT
CALENDAR
ORDINANCES FOR
ADOPTION
1) Ord. Cal. No. 4092 -
Ordinance to close a portion of
2) Ord. Cal. No. 4111 -
Ordinance amending the official zoning map of the St. Tammany 2009 South
Central Comprehensive Rezoning Area One
(CRA-1) to reclassify land located in Section 14, Township 7 South, Range 12
East containing 100 acres from A-4 (Single-family Residential) to TND-1
(Traditional Neighborhood Development). (Ward 6, District 7) (Hamauei)
(ZC09-07-017) (Tabled by Zoning Commission 7/7/09 and 8/6/09) (Council tabled
introduction 8/6/09). (Introduced 9/3/09)
3) Ord. Cal. No. 4125 -
Ordinance to concur/not concur with the de-annexation ordinance of the City of
Slidell, describing the area to be annexed into unincorporated St. Tammany and
the new boundaries thereof, and also
classifying the annexed property as A-4 (Single Family Residential) (STP
2009-01) (Ward 8, District 9) (Introduced 8/6/09) (Tabled 9/3/09)
4) Ord. Cal. No. 4126 -
Ordinance to concur/not concur with the de-annexation ordinance of the City of
Slidell describing the area to be annexed into unincorporated St. Tammany and
the new boundaries thereof, and also classifying the annexed property as A-4
(Single Family Residential). (STP 2009-02) (Ward 9, District 12) (Introduced
8/6/09)(Tabled 9/3/09)
5)
Ord. Cal. No. 4128 - Ordinance to amend
Appendix C of the Parish Code of Ordinances, Land Use Regulations Ordinance No.
523 as amended, Section 4 Off Street Parking and Loading Regulations and the
Parish Unified Development Code, Volume I (Zoning), Section 7.07 Off Street
Parking and Loading Regulations. (ZC09-08-022) (Zoning Commission approved
8/4/09) (Introduced 9/3/09)
6) Ord. Cal. No. 4129 -
Ordinance amending zoning map of Parish Comprehensive Rezoning Area One (CRA-1)
to reclassify a certain area as Manufactured Housing Overlay (MHO). (Ward 7,
District 7) (ZC09-08-023) (Zoning Commission approved 8/4/09) (Introduced 9/3/09)
7) Ord. Cal. No. 4130 -
Ordinance to Correct the Road and Drainage Inventory to include
8) Ord. Cal. No. 4131 -
Ordinance accepting finalized subdivisions into the Road & Drainage Inventories,
specifically Autumn Creek, Phase 2; Normandy Oaks, Phase 3A; Normandy Oaks,
Phase 3B; and Casa Bella Subdivisions.
(Wards 1 & 4, Districts 1
& 5) (Introduced 9/3/09)
9) Ord. Cal. No. 4132 -
Ordinance to Revoke a Portion of
District 5) (Introduced 9/3/09)
10) Ord. Cal. No. 4133 -
Ordinance to authorize the Parish President to purchase, expropriate or
otherwise acquire all parcels and/or Rights-of-way on
11) Ord. Cal. No. 4134 -
Ordinance authorizing the Parish to accept the dedication of the streets and
roadways situated within the Highlands
Subdivision and identified as Highlands Crest Drive, Tartan Trace, Piper Place,
Heather Hollow, White Oak Court and Terrace Trace. (Ward 2, District 2) (Introduced 9/3/09)
12) Ord. Cal. No. 4135 - Ordinance amending the official zoning map of the Parish to reclassify land located east of LA Highway 1082 and approximately eight miles north of the intersection of LA Highway 21 and LA Highway 1082 containing 440.78 acres from R-Rural to A-1 - Suburban. (Ward 5, District 2) (ZC07-05-023)
13) Ord. Cal. No. 4136-
Ordinance authorizing the Parish President to execute a Cooperative Endeavor
Agreement between the Parish and Recreational District No. 7 for the placement
and construction of a pavilion at Lock #1. (Ward 6, District 6) (Introduced 9/3/09)
14) Ord. Cal. No. 4137 -
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)
(Introduced 9/3/09)
15) Ord. Cal. No. 4138
-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) (Introduced 9/3/09)
16) Ord. Cal. No. 4139 -
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) (Introduced 9/3/09)
17) Ord. Cal. No. 4140 - Ordinance to extend for an additional six (6) months the 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 Bayou Heights Subdivision. (Ward 6, District 6) (Introduced 9/3/09)
18) Ord. Cal. No. 4141 - 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) (Introduced 9/3/09)
19) Ord. Cal. No. 4142 - Ordinance
to correct the Road Inventory to include an approximate 325 foot length of
20) Ord. Cal. No. 4143 -
Ordinance to amend the Parish Code, Chapter 15, Article II, Watercraft Speed
Limits, to establish a “Dead Slow, No Wake” zone for the canals in Bayou
Lacombe Manor Subdivision (Ward 7, District 7) (Introduced 9/3/09)
21) Ord. Cal. No. 4144 -
Ordinance to amend Ordinance C.S. No. 09-2074, adopted June 4, 2009, and Parish
Code of Ordinances, Chapter 13, Motor Vehicles Traffic, Division I, Section
13-009.00, restricting the use of auxiliary or compression engine brakes,
commonly referred to as “Jake Brakes”, within unincorporated St. Tammany
Parish. (Introduced 9/3/09)
APPOINTMENTS
1) Resolution to reappoint Vesey Jay Richardson (term
expired) to Hospital Service District No. 1 (St. Tammany
2) Resolution to appoint Kathleen Schmidt to replace
Belinda Tackaberry (moved out of district) to Gravity Drainage District No. 5.
(Gould)
3) Resolution to appoint/reappoint four (4) members
______________, _________________, ________________, and _______________ as
Trustees to the Finance Authority of St. Tammany Parish for three year terms
beginning on the date of expiration of terms of office of current trustees in
order to preserve staggered terms of office pursuant to Ordinance C.S. No.
06-1368.
(Richard Muller or
replacement, term until 10/2011) (Ronald
Randolph or replacement, term until 10/2011) (Peter Cavignac or replacement,
term until 10/2012) (Dave Anderson or replacement, term until 2012).