PUBLISHED July 26, 2012 AND POSTED AT PARISH COMPLEX BY July 23, 2012
AGENDA
ST. TAMMANY PARISH COUNCIL MEETING
2012-08-02 AT 6:00PM
ST. TAMMANY GOVERNMENT COMPLEX
21490 KOOP DRIVE, MANDEVILLE, LA.

Call to Order by Honorable Martin W. Gould, Jr., Chairman
Invocation by
Pledge of Allegiance by
Roll Call:
Marty Dean
Dennis Sharp
James A. (Red) Thompson
R. Reid Falconer
Richard E. Tanner
Jacob (Jake) Groby
Martin W. Gould, Jr.
Chris Canulette
E. L. Gene Bellisario
Maureen O'Brien
Steve Stefancik
Jerry Binder
Richard Artigue
Thomas (T.J.) Smith, Jr.

PRESENTATIONS

1. Introduction of the Junior Council Member for August: Christopher Kelley. (Binder)

2. Presentation by Rusty Batty of annual update of the LSU Agricultural Center. (Gould/Brister)

3. Certificate of Recognition to Ethan Hart for completing the FBI National Academy Youth Leadership Program. (Groby)

4. Presentation by Lacy Toledano, Director St. Tammany West Chamber of Commerce regarding Mandeville Capital Improvements & Chamber Services. (Falconer)

CONSENT CALENDAR
(PAGES 1 THROUGH 4)

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 July 12, 2012

Council Committee Meeting July 25, 2012

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ORDINANCES FOR INTRODUCTION
(Public Hearing September 6, 2012 )

1. Ord. Cal. No. 4842 - Ordinance amending the Official Parish Zoning Map to reclassify 6 acres located west of LA Highway 21, north of LA Highway 36 from A-1-A (Suburban District) to A-2 (Suburban District). (Ward 3, District 2) (ZC12-06-054) (Gould/Brister) (Zoning Commission Approved 7/3/12)

2. Ord. Cal. No. 4843 - Ordinance amending the Official Parish Zoning Map to reclassify 10 acres located north and east of C.C. Road, south of South Tranquility Road from A-2 (Suburban District) to A-2 (Suburban District) & RO (Rural Overlay). (Ward 9, District 11) (ZC12-07-055) (Gould/Brister) (Zoning Commission Approved 7/3/12)

3. Ord. Cal. No. 4844 - Ordinance to amend Chapter 9 of the Parish Code of Ordinances, Garbage and Trash, to delete Section 9.072.03 (C), Lien for Nonpayment of Service Charge. (Gould/Brister)

4. Ord. Cal. No. 4845 - Ordinance amending the Official Parish Zoning Map to reclassify 3.02 acres located east of Beverly Drive, north of Lake Ramsey Road from A-2 (Suburban District) to A-2 (Suburban District) & RO (Rural Overlay). (Ward 3, District 3) (ZC12-07-058) (Gould/Brister) (Zoning Commission Approved 7/3/12)

5. Ord. Cal. No. 4846 - Ordinance amending the Official Parish Zoning Map to reclassify 1.6 acres located north of Soell Drive, west of LA Highway 59 from A-4 (Single Family Residential District), A-2 (Suburban District), HC-2 (Highway Commercial District) & HC-3 (Highway Commercial District) to A-4 (Single Family Residential District), A-2 (Suburban District), HC-2 (Highway Commercial District), HC-3 (Highway Commercial District) & MHO (Manufactured Housing Overlay). (Ward 3, District 5) (ZC12-07-060) (Gould/Brister) (Zoning Commission Approved 7/3/12)

6. Ord. Cal. No. 4847 - Ordinance amending the Official Parish Zoning Map to reclassify 2.07 acres located at the end of Trepagnier Road, south of LA Highway 22 from A-2 (Suburban District) to A-2 (Suburban District) & MHO (Manufactured Housing Overlay). (Ward 1, District 4) (ZC12-07-061) (Gould/Brister) (Zoning Commission Approved 7/3/12)

7. Ord. Cal. No. 4848 - Ordinance amending the Official Parish Zoning Map to reclassify 86.85 acres located east of LA Highway 1077, north of LA Highway 1085 from A-1 (Suburban District) to PF-1 (Public Facilities District). (Ward 1, District 3) (ZC12-07-062) (Gould/Brister) (Zoning Commission Approved 7/3/12)

8. Ord. Cal. No. 4849 - Ordinance amending the Official Parish Zoning Map to reclassify 195.1 acres located west of LA Highway 434, south of I-12 from A-1 (Suburban District) & HC-3 (Highway Commercial District) to I-1 (Industrial District 70.72 acres), PF-2 (Public Facilities District 69.7 acres), I-2 (Industrial District 28.54 acres) & SWM-1 (Solid Waste Management District 26.14 acres). (ZC12-07-064) (Gould/Brister) (Zoning Commission Approved 7/3/12)

9. Ord. Cal. No. 4850 - Ordinance to permit the crossing of the St. Tammany Trace for the purpose of providing a subsurface gas pipeline. (Ward 4, District 7) (TRC12-07-001) (Gould/Brister) (Planning Commission Approved 7/10/12)

10. Ord. Cal. No. 4851 - Ordinance to correct the road and drainage inventory to include an extension of Shady Lane Road. (Ward 4, District 4) (Gould/Brister)

11. Ord. Cal. No. 4852 - Ordinance to extend for an additional six (6) months the moratorium on the receipt of submissions by the Parish Zoning and Planning Commissions, for rezoning or resubdivision of property, not previously applied for, located north of Interstate 12 and abutting or having access to Airport Road, within the unincorporated boundaries of Ward 9, District 11. (Stefancik)

12. Ord. Cal. No. 4853 - Ordinance to amend the Parish Code of Ordinances, Chapter 13, to add new sections providing for operation of motorized vehicles and enforcement of traffic controls on private streets within Lakeshore Estates Subdivision. (Ward 9, District 13) (Artigue)

13. Ord. Cal. No. 4854 - Emergency ordinance to impose a thirty (30) day moratorium on the issuance of administrative permits for agricultural uses within the boundaries of St. Tammany Parish Council District No. 9 in all areas located south of Interstate 10 and east of Military Road. (Bellisario)

14. Ord. Cal. No. 4855 - Ordinance to impose a six (6) month moratorium on the issuance of administrative permits for agricultural uses within the boundaries of St. Tammany Parish Council District No. 9 in all areas located south of Interstate 10 and east of Military Road. (Bellisario)

RESOLUTIONS

1. Resolution C.S. No. C-3411 - Resolution appointing Government Consultants, Inc. (a.k.a. Government Consultants of Louisiana, Inc.) as independent financial advisor to the Parish of St. Tammany, and any entity that requires approval of the St. Tammany Parish Council to incur indebtedness or hold an election that also requires State Bond Commission approval, for an initial two-year term, and otherwise providing with respect thereto. (Postponed from 6/7/12) (Gould/Brister)

2. Resolution C.S. No. C-3414 - Resolution to concur/ not concur with the Town of Pearl River annexation and rezoning of 2.08 acres from Parish PF-2 (Public Facilities) and A-2 (Suburban District) to Town of Pearl River R-1 District situated in Section 31, Township 7 South, Range 15 East, St Tammany Parish. (Ward 8, District 6) (PR2011-04) (Gould/Brister) (Tabled 6/7/12 & 7/12/12)

3. Resolution C.S. No. C-3471 - Resolution approving the issuance of not exceeding $1,500,000 of Limited Tax Certificates of Indebtedness, Series 2012 of Fire Protection District No. 12 of the Parish of St. Tammany, Louisiana. (Thompson)

4. Resolution C.S. No. C-3472 - Resolution approving the issuance of not exceeding $600,000 of Limited Tax Certificates, Series 2012, of St. Tammany Fire Protection District No. 4, State of Louisiana. (Falconer)

5. Resolution C.S. No. C-3473 - Resolution Establishing Warranty Obligations. (Gould/Brister)

6. Resolution C.S. No. C-3474 - Resolution to amend Ordinance C.S. No. 11-2638 the 2012-2016 Capital Improvement Budget and Program, Fixed Asset and Grant Awards. (Gould/Brister)

7. Resolution C.S. No. C-3475 - Resolution to amend Ordinance C.S. No. 11-2638 the 2012-2016 Capital Improvement Budget and Program, Fixed Asset and Grant Awards. (Facilities) (Gould/Brister)

8. Resolution C.S. No. C-3476 - Resolution to amend Ordinance C.S. No. 11-2638 the 2012 - 2016 Capital Improvement Budget and Program, Fixed Asset and Grant Awards to make changes to the Capital Improvements List - Fund 300. (Gould/Brister)

9. Resolution C.S. No. C-3477 - Resolution to certify that the Parish Government has no bond funding sufficient to fund the project entitled: Emergency Shelter and Livestock Facility Addition, Planning and Construction. (Gould/Brister)

10. Resolution C.S. No. C-3478 - Resolution to certify that the Parish Government has no bond funding sufficient to fund the project entitled: St. Tammany Parish Fishing Pier, Planning and Construction. (Gould/Brister)

11. Resolution C.S. No. C-3479 - Resolution to concur/not concur with the City of Covington annexation and rezoning of 1.83 acres located in Section 42, Township 7 South, Range 11 East from Parish A-2 (Suburban District) and HC-1 (Highway Commercial District) to City of Covington Co-commercial Office/Professional with PCD Overlay District. (Ward 3, District 5) (Gould/Brister)

END OF CONSENT CALENDAR
APPEALS

1. Applicant Attorney Jeff Schoen for Tallow Creek Shooting Grounds, LLC appealing the Zoning Commission DENIAL on July 3, 2012 to rezone 183.39 acres located east of LA Highway 1077, north of LA Highway 1085, south of US Highway 190 from A-2 (Suburban District) to A-3 (Suburban District). (Ward 1, District 3) (ZC12-03-021)
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 Attorney Jeff Schoen for Tallow Creek Shooting Grounds, LLC appealing the Zoning Commission DENIAL on July 3, 2012 to rezone 116.30 acres located east of LA Highway 1077, north of LA Highway 1085, south of US Highway 190 from A-2 (Suburban District) to PUD (Planned Unit Development Overlay). (Ward 1, District 3) (ZC12-03-053)
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.


3. Applicant Attorney Jeff Schoen for Joy Hobart appealing the Zoning Commission DENIAL on July 3, 2012 to rezone 1.44 acres located on the southeast corner of LA Highway 21 and LA Highway 1083 from A-2 (Suburban District) to HC-2 (Highway Commercial District). (Ward 10, District 6) (ZC12-07-056)
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 Attorney Jeff Schoen for Joy Hobart appealing the Zoning Commission DENIAL on July 3, 2012 to rezone 17.32 acres located on the northwest corner of LA Highway 21 and LA Highway 1083 from A-2 (Suburban District) to HC-2 (Highway Commercial District). (Ward 10, District 6) (ZC12-07-063)
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.


ORDINANCES FOR ADOPTION
(Public Hearing)

1. Ord. Cal. No. 4771 - Ordinance to amend the Parish Unified Development Code, Section 8.01 Minimum Standards for Specific Uses, Subsection U, Outdoor Advertising (Billboards) to restrict the location of new billboards to within the same highway corridor from which a billboard credit was issued. (Introduced & referred to Zoning Commission 5/3/12) (ZC12-07-059) (Tabled 6/7/12 & 7/12/12) (Zoning Commission approved 7/3/12)

2. Ord. Cal. No. 4807 - Ordinance amending the Official Parish Zoning Map to reclassify 37,270 square feet located north of LA Highway 36, east of St. Landry Street, being 20339 Highway 36, Covington from NC-4 (Neighborhood Institutional District) to HC-2 (Highway Commercial District). (Ward 3, District 2) (ZC12-05-036) (Introduced 7/12/12)

3. Ord. Cal. No. 4808 - Ordinance amending the Official Parish Zoning Map to reclassify 2.179 acres located west of LA Highway 25, north of Thompson Road, south of C. Gotti Road from A-1 (Suburban District) to A-1 (Suburban District) & MHO (Manufactured Housing Overlay). (Ward 2, District 3) (ZC12-06-041) (Introduced 7/12/12)

4. Ord. Cal. No. 4809 - Ordinance amending the Official Parish Zoning Map to reclassify 15.14 acres located north & south of Lone Oak Drive, west of US Highway 11 from A-4-A (Single Family Residential District) to A-4-A (Single Family Residential District) & MHO (Manufactured Housing Overlay). (Ward 8, District 14) (ZC12-06-043) (Introduced 7/12/12)

5. Ord. Cal. No. 4810 - Ordinance amending the Official Parish Zoning Map to reclassify 12,500 square feet located north of Donnis Drive, west of Donya Street, being 36237 Donnis Drive, Slidell from A-3 (Suburban District) to A-3 (Suburban District) & MHO (Manufactured Housing Overlay). (Ward 9, District 14) (ZC12-06-044) (Introduced 7/12/12)

6. Ord. Cal. No. 4811 - Ordinance to amend the St. Tammany Parish Unified Development Code, Volume I (Zoning), Section 5.19A, PBC-1 (Planned Business Campus), relative to Height Regulations. (ZC12-06-045) (Introduced 7/12/12)

7. Ord. Cal. No. 4813AA - Ordinance to amend the St. Tammany Parish Unified Development Code, Volume I (Zoning) Section 5.2702, MD-1 (Medical Residential District), and Section 5.2802 MD-2 (Medical Clinic District) relative to Permitted Uses (ZC12-06-047). (Introduced 7/12/12)

8. Ord. Cal. No. 4814 - Ordinance amending the Official Parish Zoning Map to reclassify 1 acre located west of Pearl Street, north of Coral Avenue, being Lot 5, Square 14, Pearl Acres Subdivision, from A-3 (Suburban District) to NC-1 (Professional Office District). (Ward 8, District 8) (ZC12-06-048) (Introduced 7/12/12)

9. Ord. Cal. No. 4815AA - Ordinance amending the Official Parish Zoning Map to reclassify 1.970 acres located south of McKinney Road, north of Shortcut Highway, west of I-10, being 1750 McKinney Road, Slidell from HC-2 (Highway Commercial District) to HC-2 (Highway Commercial District) & RO (Rural Overlay). (Ward 8, District 14) (ZC12-06-049) (Introduced 7/12/12)

10. Ord. Cal. No. 4816 - Ordinance amending the Official Parish Zoning Map to reclassify 0.5108 acre located north of US Highway 190 East, east of Military Road, being 41233 Highway 190 E, Slidell from A-3 (Suburban District) to A-3 (Suburban District) & MHO (Manufactured Housing Overlay). (Ward 8, District 13) (ZC12-06-051) (Introduced 7/12/12)

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11. Ord. Cal. No. 4817 - Ordinance amending the Official Parish Zoning Map to reclassify 1 acre located north of Ronald Reagan Highway, west of Penn Mill Road, being 15319 Ronald Reagan Highway, Covington from A-1A (Suburban District) to HC-2 (Highway Commercial District). (Ward 3, District 3) (ZC12-06-052) (Introduced 7/12/12)

12. Ord. Cal. No. 4818 - Ordinance to amend the St. Tammany Parish Unified Development Code, Volume I (Zoning), to add a new zoning classification: Section 5.21A HC-2A Highway Commercial District. (ZC12-06-042) (Introduced 7/12/12)

13. Ord. Cal. No. 4819 - Ordinance to rescind Ordinance C.S. No. 11-2631, adopted November 3, 2011, authorizing the placement of no parking signs on both sides of the entrance to John Smith Road (R08-I-025). (Ward 8, District 14) (Introduced 7/12/12)

14. Ord. Cal. No. 4820 - Ordinance to extend for an additional six (6) months the moratorium on the submission and review of Zoning permit applications and Planning Commission review and on the issuance of building permit applications, for the purpose of construction or placement of multi-family structures on property within unincorporated areas of Council District 12. (Introduced 7/12/12)

15. Ord. Cal. No. 4821 - Ordinance to extend for an additional six (6) months the moratorium on the issuance of building permits for construction or placement of building structures on property within a portion of unincorporated Town of Alton Subdivision. (Ward 9, District 14) (Introduced 7/12/12)

16. Ord. Cal. No. 4823 - Ordinance to correct the Road and Drainage Inventory to include an extension of Max Jude Lane. (Ward 4, District 5) (Introduced 7/12/12)

17. Ord. Cal. No. 4824 - Ordinance to amend Parish Code, Chapter 20, Roads and Bridges, Article III, Road Lighting Districts, Section 20-204.00 District No. 4 to amend the boundaries thereof. (Introduced 7/12/12)

18. Ord. Cal. No. 4825 - Ordinance to authorize the Parish President to acquire by donation, certain water lines, sewer lines, a sewer force main, a lift station and all related equipment located in the Parish's right-of-way on Norval Street, located between Molitor Street and Dupree Street and on Molitor Street, located between Norval Street and Nelson Street. (Introduced 7/12/12)

19. Ord. Cal. No. 4826 - Ordinance to authorize the Parish of St. Tammany, through the Office of the Parish President, to purchase or otherwise acquire certain parcels, rights-of-ways, and/or servitudes for the Grand Avenue Bridge Project. (Introduced 7/12/12)

20. Ord. Cal. No. 4827 - Ordinance to authorize the Parish President to purchase and/or otherwise acquire certain parcels, rights-of-way, and/or servitudes for the Oak Street Bridge Project. (Introduced 7/12/12)

21. Ord. Cal. No. 4828 - Ordinance to authorize the Parish President to purchase or otherwise acquire certain servitudes for drainage improvements for the Country Club Drive Project. (Introduced 7/12/12)

22. Ord. Cal. No. 4829 - Ordinance to authorize the Parish President to transfer the property and improvements for the interchange improvements at LA-US 11 Project to the Louisiana Department of Transportation and Development (LADOTD). (Introduced 7/12/12)

23. Ord. Cal. No. 4830 - Ordinance to amend the Code of Ordinances, Chapter 16, providing for the amendment of the boundaries of Recreation District No. 1 and Recreation District No. 10, and to provide for repeal, severability, and date of enactment. (Introduced 7/12/12)

24. Ord. Cal. No. 4831 - Ordinance to authorize the Parish President to acquire by donation certain movable and immovable assets from Hi-Rollers Investments, LLC. (Introduced 7/12/12)

25. Ord. Cal. No. 4832 - Ordinance to authorize the Parish President to transfer a portion of the Slidell Levee a/k/a Schneider Canal Levee and improvements to the City of Slidell. (Introduced 7/12/12)

26. Ord. Cal. No. 4833 - Ordinance to authorize the Parish President to accept the act of dedication and donation for Westshore Drive for use as a Public Street from CP NORD DU LAC JV, L.L.C. and further for the Parish to incorporate the dedicated property into the maintenance system. (Introduced 7/12/12)

27. Ord. Cal. No. 4834 - Ordinance to amend Ordinance Council Series No. 10-2384, Ordinance to authorize the Parish President to purchase, expropriate or otherwise acquire certain parcels, rights-of-way and/or servitudes for the Huntwyck Village Drainage Improvement Project. (Introduced 7/12/12)

28. Ord. Cal. No. 4836 - Ordinance amending the Official Parish Zoning Map to reclassify 85.311 acres on the north side of LA Highway 1085, west of Rousseau Road to a PUD (Planned Unit Development Overlay). (Ward 1, District 1). (ZC04-10-083) (Introduced 7/12/12)

29. Ord. Cal. No. 4837 - Ordinance amending the Official Parish Zoning Map to reclassify 85.311 acres located north of LA Highway 1085, west of Rousseau Road from A-3 (Suburban District) & TND-1 (Traditional Neighborhood District) to A-4 (Single Family Residential District), A-8 (Multi Family Residential District) & HC-1 (Highway Commercial District). (Ward 1, District 3 ). (ZC12-06-050) (Introduced 7/12/12)

30. Ord. Cal. No. 4838 - Ordinance to impose a six (6) month moratorium on the issuance of permits for construction or placement of building structures on property within a portion of voting Precinct 914. (Ward 8, District 14) (Introduced 7/12/12)

31. Ord. Cal. No. 4839 - Ordinance approving and authorizing the execution of a Memorandum of Understanding between the Louisiana Department of State, Office of the Secretary of State, and St. Tammany Parish Government, and the St. Tammany Parish Registrar of Voters Office for the establishment and operation of an additional parish early voting location. (Introduced 7/12/12)

32. Ord. Cal. No. 4840 - Ordinance to Amend the 2012 Operating Budget - Amendment No. 6. (Introduced 7/12/12)

33. Ord. Cal. No. 4841 - Ordinance amending the Official Parish Zoning Map to reclassify 1 acre located at the end of Sally Welch Road, east of LA Highway 434 from A-3 (Suburban District) to A-3 (Suburban District) & MHO (Manufactured Housing Overlay). (Ward 6, District 11) (ZC12-07-057) (Introduced 7/12/12)

NOMINATIONS

1. Nominate two (2) individuals to appoint to the Board of Commissioners of St. Tammany Recreation District No. 16. (Smith)

2. Nominate individuals for appointment to the Board of the St. Tammany Parish Development District. (Falconer) (Parish Council has four (4) appointments pursuant to Act 336 of the 2012 Louisiana Legislature) (The initial appointments shall be made for staggered terms as follows: (i) One member shall be appointed for three years, (ii) One member shall be appointed for two years, (iii) Two members shall be appointed for one year).

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APPOINTMENTS

1. Resolution to appoint at least three (3) members to the Community Action Agency Advisory Board. (One (1) or more Representatives of Low-Income Individuals; Two (2) or more from Public and Private Organizations) (Nominations 7/12/12: Low Income - Pastor Carol Hughes and Pastor Rosalind Solomon; Public and Private Organizations - Al Hamauei and Samantha Goodwin. (Bellisario)

2. Resolution to appoint (5) members to the St. Tammany Parish Commission on Cultural Affairs. (Gould) (Nominations 7/12/12: Simone Burke, Stephen Cefalu, Lisa Barnett, Scarlett Roa-Hogan, Kelly Elliot and Jenifer Besh)

3. Resolution to appoint five (5) members to the Parish Personnel Board. (Gould) (Nominations 7/12/12: Atty. Patrick J. Berrigan, Rev. Frederick L. Fields, Deputy Chief Donald Sharp (ret.) and Joseph Allen)

4. Resolution to reappoint John Sandidge and James Kowaleeski to St. Tammany Parish Sewerage District No. 1. (Falconer)

DISCUSSIONS AND OTHER MATTERS

1. Motion to refer to the Zoning Commission for recommendation of the proposed rezoning of 1.9 acres located in Section 38, Township 7 South, Range 14 East from its present A-3 (Suburban District) to I-1 (Industrial District). (Ward 6, District 6) (Tanner)