PUBLISHED February 23, 2012 AND POSTED AT PARISH COMPLEX BY February 17, 2012
AGENDA
ST. TAMMANY PARISH COUNCIL MEETING
2012-03-01 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 March: Mary Grace Kelley. (Binder) (Tabled February 2, 2012)

2. Certificates of recognition to Lakeshore High School athletes, Chelsea Beaubouef, Pierson Villarrubia and Treston Decoud, who each signed a national letter of intent to play their respective sport at the next level. (Groby/Smith)

3. Presentation by Robert DeBrandt regarding the Blooming Tree Program. (Bellisario/Groby)

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 are voted upon individually.

MINUTES

Regular Council Meeting February 2, 2012

Council Committee Meeting February 22, 2012

[pagebreak]

ORDINANCES FOR INTRODUCTION
(Public Hearing April 5, 2012 )

1. Ord. Cal. No. 4710 - Ordinance to amend the Parish Unified Development Code, Volume 1 (Zoning), Section 7.02, Sign Regulations, relative to residential subdivision and center median entrance signs to add Community Bulletin Board Signs. (Gould/Brister) (ZC12-02-014) (Tabled 1/12/12 & 2/2/12) (Zoning Commission approved 2/7/12)

2. Ord. Cal. No. 4731 - Ordinance amending the official Parish Zoning map to reclassify 0.607 acre located west of Chris Kennedy Road, south of LA Highway 41 from HC-2 (Highway Commercial District) to HC-2 (Highway Commercial District) & MHO (Manufactured Housing Overlay). (Gould/Brister) (Ward 6, District 6) (ZC12-02-008) (Zoning Commission approved 2/7/12)

3. Ord. Cal. No. 4732 - Ordinance amending the official Parish Zoning map to reclassify 0.7 acre located south of Crawford Road, east of LA Highway 21, south of LA Highway 36 from A-3 (Suburban District) to MD-1 (Medical Residential District). (Gould/Brister) (Ward 3, District 2) (ZC12-02-013) (Zoning Commission approved 2/7/12)

4. Ord. Cal. No. 4733 - Ordinance amending the official Parish Zoning map to reclassify 1.88 acres located south of Crawford Road, east of LA Highway 21, south of LA Highway 36 from A-3 (Suburban District) to MD-1 (Medical Residential District). (Gould/Brister) (Ward 3, District 2) (ZC12-02-015) (Zoning Commission approved 2/7/12)

5. Ord. Cal. No. 4734 - Ordinance to amend Ordinance C.S. No. 10-2406, 2011-2015 Capital Improvements Budget and Program; and to further identify changes to the Capital Improvement List for 2011-2015. (Gould/Brister)

6. Ord. Cal. No. 4735 - Ordinance to amend the 2012 Operating Budget-Amendment No. 1 (Gould/Brister)

7. Ord. Cal. No. 4736 - Ordinance to amend the 2011 Operating Budget-Amendment No. 6 (Gould/Brister)

8. Ord. Cal. No. 4737 - Ordinance to authorize the Parish President to acquire certain conservation servitudes from Delta Land Holding Company, L.L.C. for River Club Conservation Area. (Gould/Brister)

9. Ord. Cal. No. 4738 - Ordinance to amend the Parish Code of Ordinances, Chapter 3 Alcoholic Beverages, Article VI, Wards 2 and 6, Section 3-124 Qualifications of Applicants for Permits Generally and Chapter 3 Alcoholic Beverages, Article VII Other Wards, Section 3-161 Qualifications of Applicants for Permits Generally to amend Residency Restrictions in accordance with Louisiana Revised Statute Title 26, Section 80. (Gould/Brister)

10. Ord. Cal. No. 4739 - Ordinance to amend Ordinance C.S. No. 11-2645, adopted December 1, 2011, which established and validated rates and fees for Sewerage and Water Services provided by systems owned and operated by the Parish. (Gould/Brister)

11. Ord. Cal. No. 4740 - Ordinance to correct the Road and Drainage Inventory to include Raehyo Lane Lateral; 2 Gottschalk Road Laterals; Blue Crane No. 1 Lateral; an extension of McDonald Road Lateral; and an extension of Highway 190 Lateral. (Wards 1, 3 & 8) (Districts 3 & 9) (Gould/Brister)

[pagebreak]

12. Ord. Cal. No. 4741 - 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)

13. Ord. Cal. No. 4742 - 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 portions of Beverly Hills and Kingspoint Subdivisions. (Ward 8, District 14) (Smith)

14. Ord. Cal. No. 4743 - Ordinance to amend St. Tammany Parish Code of Ordinances, Appendix B, Chapter 40 Subdivision Regulatory Ordinance No. 499, Section 40-074.01 Parish Enforced Subdivision Restrictions and/or Covenants, to prohibit rear access to lots within an approved subdivision via a driveway to or from any street or road that is not dedicated within the boundaries of the approved subdivision plat. (Bellisario) (Planning Commission approved 2/14/12)

15. Ord. Cal. No. 4744 - Ordinance amending and reenacting Section 40-034.01, Contiguous Lot Rule, of St. Tammany Parish Subdivision Regulatory Ordinance 499, to require a Minimum Building Site of seventy-five feet front on the setback line within Dove Park Subdivision. (Gould) (Planning Commission approved 2/14/12)

RESOLUTIONS

1. Resolution C.S. No. C-3301 - Resolution to concur/not concur with the Town of Abita Springs annexation and rezoning of 1.38 acres located on Lots 1 through 10 and Lots 19 through 28 of Abita Springs Terrace, Ponchitolawa Subdivision from Parish HC-2(Highway Commercial District) to Town of Abita Springs C2 (Commercial {with limits} District). (Ward 4, District 5) (AB2012-01) (Tabled 1/12/12 & 2/2/12) (Gould/Brister)

2. Resolution C.S. No. C-3328 - Resolution to concur/not concur with the City of Slidell annexation and rezoning of 0.586 acre being Lot 3A, Square 1, Slidell Manor Subdivision from Parish HC-2 (Parish Highway Commercial District) to City of Slidell C-4 (City Highway Commercial District). (Ward 9, District 11) (SL2012-01) (Gould/Brister)

3. Resolution C.S. No. C-3329 - Resolution establishing Performance and Warranty Obligations. (Gould/Brister)

4. Resolution C.S. No. C-3330 - Resolution acknowledging the receipt and review of the 2011 Municipal Water Pollution Prevention Environmental Audit Report, for the Cross Gates Sewage Treatment Facility, as well as the actions the St. Tammany Parish Government will take in order to address issues listed in the audit report. (Gould/Brister)

5. Resolution C.S. No. C-3331 - Resolution to amend Ordinance C.S. No. 11-2638, 2012-2016 Capital Improvement Budget and Program, Fixed Asset and Grant Awards. (Facilities) (Gould/Brister)

6. Resolution C.S. No. C-3332 - Resolution to amend Ordinance C.S. No. 11-2638, 2012-2016 Capital Improvement Budget and Program, Fixed Asset and Grant Awards, to make changes to the Capital Improvements List-General (Fund 300). (Gould/Brister)

7. Resolution C.S. No. C-3333 - Resolution to amend Ordinance C.S. No. 11-2638, 2012-2016 Capital Improvement Budget and Program, Fixed Asset and Grant Awards, to make changes to the Capital Improvements List-District 1. (Gould/Brister)

8. Resolution C.S. No. C-3334 - Resolution to amend Ordinance C.S. No. 11-2638, 2012-2016 Capital Improvement Budget and Program, Fixed Asset and Grant Awards, to make changes to the Capital Improvements List-District 3. (Gould/Brister)

9. Resolution C.S. No. C-3335 - Resolution to amend Ordinance C.S. No. 11-2638, 2012-2016 Capital Improvement Budget and Program, Fixed Asset and Grant Awards, to make changes to the Capital Improvements List-District 7. (Gould/Brister)

10. Resolution C.S. No. C-3336 - Resolution to amend Ordinance C.S. No. 11-2638, 2012-2016 Capital Improvement Budget and Program, Fixed Asset and Grant Awards, to make changes to the Capital Improvements List-District 11. (Gould/Brister)

11. Resolution C.S. No. C-3337 - Resolution to approve the appointment of Johnny Bordelon as Director of the Department of Engineering for the remainder of the 2012-2015 Parish President’s term of office. (Gould/Brister)

12. Resolution C.S. No. C-3338 - Resolution to approve the appointment of Trilby Lenfant as Director of the Department of Intergovernmental Relations for the remainder of the 2012-2015 Parish President’s term of office. (Gould/Brister)

13. Resolution C.S. No. C-3339 - Resolution authorizing retaining a consultant for the drafting of a request for a proposal regarding a Fire Service Assessment and Feasibility Study. (Gould)

14. Resolution C.S. No. C-3340 - Resolution authorizing the Parish President to execute an amendment to the Fountains Subdivision Voluntary Developmental Agreement. (Gould/Brister)

15. Resolution C.S. No. C-3341 - Resolution approving the application of St. Tammany Parish Fire Protection District No. 12 to finance the current refunding of certain outstanding indebtedness of and the construction of fire protection improvements; authorizing the incurring of debt; making application to Louisiana Local Government Environmental Facilities and Community Development Authority (“LCDA”) to finance the refunding and improvements with LCDA; and other matters in connection therewith. (Gould)

END OF CONSENT CALENDAR
APPEALS

1. Applicant Mvnir (Mike) Mustafa appealing the Zoning Commission DENIAL on February 7, 2012 to rezone 6.171 acres located on the northwest corner of Highway 190 and Dixie Ranch Road from A-2 (Suburban District) to HC-2 (Highway Commercial District) . (Ward 9, District 11) (ZC12-02-011)

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. 4637AA - Ordinance to amend the Parish Unified Development Code, Volume I (Zoning), Section 8.01, Minimum Standards for Specific Uses, relative to Cemeteries and Mausoleums. (Gould) (Tabled 9/1/11 & 10/6/11) (Amended and introduced 11/3/11) (Amended, reintroduced and referred to Zoning Commission 12/1/11) (ZC12-02-009) (Tabled 1/12/12 & 2/2/12) (Zoning Commission approved 2/7/12)

2. Ord. Cal. No. 4681 - Ordinance to authorize the Parish President, to acquire certain conservation servitudes for Bedico Creek Preserve. (Postponed 90 days 11/3/2011) (Introduced 2/2/12)

3. Ord. Cal. No. 4703 - Ordinance amending the official Parish Zoning Map to reclassify 1.933 acres located south of LA Highway 22, east of Moores Road, north of West Causeway Approach from NC-5 (Retail and Service District) to HC-2 (Highway Commercial District). (Ward 4, District 10) (ZC11-12-096) (Zoning Commission Approved 12/6/11) (Tabled 1/12/12) (Introduced 2/2/12)

4. Ord. Cal. No. 4706 - Ordinance amending the official Parish Zoning Map to reclassify 13,800 square feet located east of Belair Drive, south of US Highway 190 East, Belair Subdivision from A-4 (Single-Family Residential District) to HC-2 (Highway Commercial District). (Ward 8, District 14) (ZC11-12-100) (Zoning Commission Approved 12/6/11) (Tabled 1/12/12) (Introduced 2/2/12)

5. Ord. Cal. No. 4717 - Ordinance to correct the Road and Drainage Inventory to include Country Club Drive Lateral. (Ward 4, District 4) (Introduced 1/12/12) (Tabled 2/2/12)

6. Ord. Cal. No. 4718 - Ordinance amending the Parish Code of Ordinances, Chapter 20 Roads and Bridges, Section 20-021.00 Paragraph C, to revise setback requirements for major road right-of-way protection, for future expansion and to provide regulations with respect thereto. (Introduced 2/2/12)

7. Ord. Cal. No. 4719 - Ordinance amending the Official Parish Zoning Map to reclassify 20.96 acres located north of LA Highway 1078, west of LA Highway 25, east of Church Road from A-1 (Suburban District) to A-1-A (Suburban District). (Ward 3, District 3) (ZC12-01-001) (Zoning Commission Approved 1/3/12) (Introduced 2/2/12)

8. Ord. Cal. No. 4720 - Ordinance amending the Official Parish Zoning Map to reclassify 62.179 acres located south of East Brewster Road, East of Christwood Blvd. from A-3 (Suburban District) to MD-1 (Medical Residential District). (Ward 1, District 1) (ZC12-01-003) (Zoning Commission Approved 1/3/12) (Introduced 2/2/12)

[pagebreak]

9. Ord. Cal. No. 4721 - Ordinance amending the Official Parish Zoning Map to reclassify 11,400 square feet located north of Lakeview Drive, east of Highway 11, Eden Isles, from A-6 (Multiple Family Residential District) to A-4A (Single Family Residential District). (Ward 9, District 13) (ZC12-01-004) (Zoning Commission Approved 1/3/12) (Introduced 2/2/12)

10. Ord. Cal. No. 4722 -Ordinance amending the Official Parish Zoning Map to reclassify 1.5 acres located south of Stephanie Lane, south of Elaine Lane, Ramsey Estates Subdivision from A-2 (Suburban District) to A-2 (Suburban District) & MHO (Manufactured Housing Overlay). (Ward 3, District 3) (ZC12-01-005) (Zoning Commission Approved 1/3/12) (Introduced 2/2/12)

11. Ord. Cal. No. 4723 - Ordinance to authorize the Parish President to acquire certain parcels and dispose of certain parcels for the Hickory Maintenance Barn Site. (Introduced 2/2/12)

12. Ord. Cal. No. 4724 - Ordinance to authorize the Parish President to revocate an Act of Donation for the Veteran's Cemetery Project. (Introduced 2/2/12)

13. Ord. Cal. No. 4725 - 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. (Introduced 2/2/12)

14. Ord. Cal. No. 4726 - 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 any properties within unincorporated St. Tammany Parish abutting, in whole or part, the east side of Tantela Ranch Road and Highway 1077 from Boyd Road to Mcgee Road and which properties use said roadways for purposes of ingress to and egress from said properties. (Ward 1, District 1) (Introduced 2/2/12)

15. Ord. Cal. No. 4727 - Ordinance authorizing the Parish to accept the dedication of the streets and roadways situated within the Terra Mariae Subdivision, Phases 1, 2A, and 2B. (Ward 2, District 2) (Introduced 2/2/12)

16. Ord. Cal. No. 4728 - Ordinance amending the official Parish Zoning Map to reclassify 17,551 square feet located east of Labarre Street, north of Foy Street from A-4 (Single-Family Residential District) to A-4-A (Single-Family Residential District).(Ward 4, District 10) (ZC11-12-099) (Introduced 2/2/12)

17. Ord. Cal. No. 4729 - Ordinance amending the official Parish Zoning Map to reclassify 1.6 acres located south of LA Highway 435, west of Par Street, east of Hillcrest Boulevard from A-3 (Suburban District) to an HC-2 (Highway Commercial District). (Wards 6 & 10) (District 6) (ZC12-01-006) (Introduced 2/2/12)

18. Ord. Cal. No. 4730 - Ordinance amending the official Parish Zoning Map to reclassify 2.09 acres located west of LA Highway 59, north of Casril Drive, south of Parker Drive from A-1 (Suburban District) to NC-6 (Public, Cultural and Recreational District). (Ward 3, District 5) (ZC12-01-007) (Introduced 2/2/12)

NOMINATIONS

1. Resolution to appoint four (4) members to the Board of Commissioners of St. Tammany Recreation District No. 16. (Burkhalter) (Tabled 8/4/11, 9/1/11, 10/6/11, 11/3/11, 12/1/11, 1/12/12 & 2/2/12)

2. Resolution to appoint one member to replace Peter Link (Term Expired) on the Finance Authority of St. Tammany Parish. (Stefancik) (Tabled 9/1/11, 10/6/11, 11/3/11, 12/1/11, 1/12/12 & 2/2/12)

3. Resolution to appoint/reappoint four (4) members to St. Tammany Parish Mosquito Abatement District No. 2. (Stefancik) (Current Members terms expired: William Hathaway, Dr. Peter Gerone, Anthony Alfred, Eugene Garcia)

APPOINTMENTS

1. Resolution to appoint/reappoint members to the Board of Commissioners for St. Tammany Parish Recreation District No. 11. (Tanner)

2. Resolution to appoint/re-appoint four members to the Board of Commissioners for St. Tammany Parish Fire District No. 3. (Groby)

3. Resolution to appoint/re-appoint six members to the Board of Commissioners for St. Tammany Parish Recreation District No. 4. (Groby)

DISCUSSIONS AND OTHER MATTERS

1. Motion to reconsider Ordinance Council Series No. 11-2646 - Ordinance to authorize the Parish President to purchase or otherwise acquire certain parcels, rights-of-way and/or servitudes located in Little Creek Center Subdivision. (Adopted 12/1/11) (Gould) (Tabled 1/12/12 & 2/2/12)

2. Motion to reconsider Ordinance Council Series No. 11-2610 - Ordinance to amend the Parish Unified Development Code, Volume I (Zoning), Sections 5.10 and 7.08, to include provisions for development of land on the south side of Lakeview Drive. (Adopted October 6, 2011) (Gould/Brister) (Ward 9, District 13) (Introduced 9/1/11) (Zoning Commission approved 2/7/12)