PUBLISHED April 28, 2011 AND POSTED AT PARISH COMPLEX BY May 2, 2011
AGENDA
ST. TAMMANY PARISH COUNCIL MEETING
2011-05-05 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
Gary Cooper
James A. (Red) Thompson
R. Reid Falconer
Rebecca Crawford-Howell
Al Hamauei
Marty Gould
Chris Canulette
E. L. Gene Bellisario
Henry Billiot
Steve Stefancik
Jerry Binder
Richard Artigue
Ken Burkhalter

PRESENTATIONS

 1. Presentation of Certificate of Recognition to the Slidell Ladies of Liberty. (Bellisario) (Tabled 3/3/11 & 4/7/11)

2. Presentation of Certificates of Recognition to Saint Paul’s School Soccer Team. (Gould) (Tabled 4/7/11)

3. Presentation of Certificate of Recognition to Justice of the Peace Connie Moore for being selected as Justice of the Peace of the Year. (Howell)

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 - April 7, 2011

Special Council Meeting - April 20, 2011

Council Committee Meeting - April 27, 2011

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ORDINANCES FOR INTRODUCTION
(Public Hearing : JUNE 2, 2011 )

1. Ord. Cal. No. 4549 - Ordinance amending the Official Parish Zoning Map to reclassify 1 acre located east and west of Lazy R. Road, north of Gottschalk Road, being 76133 Lazy R. Road, Covington from A-2 (Suburban District) to A-2 (Suburban District) & MHO (Mobile Home Overlay District). (Ward 1, District 1) (ZC11-04-023) (Gould/Davis)

2. Ord. Cal. No. 4550 - Ordinance amending the Official Parish Zoning Map to reclassify 13,050 square feet located north of Napoleon Road, east of Emma Street from A-2 (Suburban District) to A-2 (Suburban District) & MHO (Manufactured Housing Overlay District). (Ward 7, District 7) (ZC11-04-024) (Gould/Davis)

3. Ord. Cal. No. 4551 - Ordinance amending the Official Parish Zoning Map to reclassify 1.09 acres located north of LA Highway 36, east of Homestead Street, being 21041 Highway 36, Covington from NC-4 (Neighborhood Institutional District) to an HC-2 (Highway Commercial District). (Ward 10, District 3) (ZC11-04-025) (Gould/Davis)

4. Ord. Cal. No. 4552 - Ordinance amending the Official Parish Zoning map to reclassify 35,000 square feet located north of LA Highway 22, east of Kathmann Drive, west of LA Highway 1085, being 1922 Highway 22, Madisonville from A-3 (Suburban District) to HC-1 (Highway Commercial District). (Ward 1, District 1) (ZC11-04-026) (Gould/Davis)

5. Ord. Cal. No. 4553 - Ordinance amending the Official Parish Zoning map to reclassify 1.59 acres located west of Solar Court, east of LA Highway 59, south of South Lane from HC-2 (Highway Commercial District) to I-2 (Industrial District). (Ward 4, District 7) (ZC11-04-027) (Gould/Davis)

6. Ord. Cal. No. 4554 - Ordinance amending the Official Parish Zoning map to reclassify 5.66 acres located west of Albert Thompson Road, south of La Highway 40 from A-1 (Suburban District) to A-2 (Suburban District). (Ward 2, District 3) (ZC11-04-028) (Gould/Davis)

7. Ord. Cal. No. 4555 - Ordinance amending the Official Parish Zoning Map to reclassify 3.0 acres located west of LA Highway 437, south of K. Sharp Lane from A-1A (Suburban District) to A-2 (Suburban District). (Ward 3, District 2) (ZC11-04-029) (Gould/Davis)

8. Ord. Cal. No. 4556 - Ordinance to amend the St. Tammany Parish Unified Development Code, Volume I (Zoning), Section 5, Zoning Districts, amending Section 5.2102 to provide for the inclusion of outdoor storage yards as an associated use to existing mini-warehouses. (ZC11-04-032) (Gould/Davis)

9. Ord. Cal. No. 4557 - Ordinance to amend St. Tammany Parish Code of Ordinances, Chapter 7 Drainage and Flood Control, Article 1 Section 7-002.00 Use of Fill Materials Prohibited to provide for additional areas of special concern and regulations related thereto. (Gould)

10. Ord. Cal. No. 4558 - Ordinance to authorize the Parish President to acquire certain parcels and dispose of certain parcels for North Shore Drive. (Gould/Davis)

11. Ord. Cal. No. 4559 - Ordinance to enact Article XVI, Section 16-131.04 of the Parish Code of Ordinances setting up rates for the use of Tammany Trace Facilities. (Gould/Davis)

12. Ord. Cal. No. 4560 - Ordinance to authorize the Parish President to acquire from Road Home Corporation, certain parcels, rights of way and/or servitudes. (Gould/Davis)

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13. Ord. Cal. No. 4561 - Ordinance restating and reenacting Section 2-007.01 and Section 02-007.02 of the Parish Code of Ordinances regarding the procedures to sell adjudicated property. (Gould/Davis)

14. Ord. Cal. No. 4562 - Ordinance to correct the Road and Drainage Inventory to include Marina Drive Lateral; an extension to Royal Oak Street Lateral; and two (2) additional Royal Oak Street Laterals. (Ward 9, District 13). (Gould/Davis)

15. Ord. Cal. No. 4563 - Ordinance to amend the 2011 Operating Budget - Amendment 4. (Gould/Davis)

16. Ord. Cal. No. 4564 - Ordinance to extend for an additional six (6) months the moratorium on the placement of fill and on the issuance of permits for construction, renovation, improvement or placement of any building or structures on property within the boundaries of the subdivision known as Serenity Oaks. (Ward 9, District 14) (Burkhalter)

17. Ord. Cal. No. 4565 - Ordinance establishing a No Parking Zone on a portion of Glendale Heights Drive (4-D-183) (Ward 4, District 5) (Gould)

RESOLUTIONS

1. Resolution C.S. No. C-3099 - Resolution Establishing Performance and Warranty Obligations. (Gould/Davis)

2. Resolution C.S. No. C-3100 - Resolution giving preliminary approval to the issuance of not to exceed twenty million dollars ($20,000,000) of Parish Utilities Revenue Bonds, 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. (Gould/Davis)

3. Resolution C.S. No. C-3101 - Resolution approving and authorizing the Parish President to sign and/or execute cooperative endeavor agreement between the Parish, the Greater New Orleans Expressway Commission and the City of Mandeville regarding improvements to turning lanes at the triangle on West Causeway Approach, GNOEC Project #630. (Gould/Davis)

4. Resolution C.S. No. C-3102 - Resolution to approve and authorize the Parish President to sign and/or execute a cooperative endeavor agreement between the Parish and Volunteers of America. (Gould/Davis)

5. Resolution C.S. No. C-3103 - Resolution approving and authorizing the Parish President to sign and/or execute a cooperative endeavor agreement between the Parish and St. Tammany Community Health Center. (Gould/Davis)

6. Resolution C.S. No. C-3104 -Resolution stating the St. Tammany Parish Council's endorsement of Associated Wholesale Grocers, Inc., for participation in the benefits of the Louisiana Enterprise Zone Program. (EZ#20110154) (Gould/Davis)

7. Resolution C.S. No. C-3105 - Resolution stating the St. Tammany Parish Council's endorsement of Italian Specialties, for participation in the benefits of the Louisiana Enterprise Zone Program. (EZ#20110033) (Gould/Davis)

8. Resolution C.S. No. C-3106 - Resolution stating the St. Tammany Parish Council's endorsement of Champagne Beverage Company, for participation in the benefits of the Louisiana Enterprise Zone program. (EZ#20071057) (Gould/Davis)

9. Resolution C.S. No. C-3107 - Resolution stating the St. Tammany Parish Council's endorsement of Steve's Mobile Home & RV Repair, Inc. dba Steve's RV Center, for participation in the benefits of the Louisiana Enterprise Zone Program. (EZ#20101144) (Gould/Davis)

10. Resolution C.S. No. C-3108 - Resolution stating the St. Tammany Parish Council's endorsement of PPCW, LLC, for participation in the benefits of the Louisiana Enterprise Zone Program. (EZ#20101193) (Gould/Davis)

11. Resolution C.S. No. C-3109 - Resolution stating the St. Tammany Parish Council's endorsement of Sela Pizza 2, LLC, for participation in the benefits of the Louisiana Enterprise Zone Program. (EZ#20110048) (Gould/Davis)

12. Resolution C.S. No. C-3110 - Resolution stating the St. Tammany Parish Council's endorsement of Covington Lodging, LLC, for participation in the benefits of the Louisiana Enterprise Zone Program. (EZ#20110052) (Gould/Davis)

13. Resolution C.S. No. C-3111 - Resolution to amend Ordinance C.S. No. 10-2406 the 2011-2015 Capital Improvement Budget and Program, Fixed Asset and Grant Awards. (Gould/Davis)

14. Resolution C.S. No. C-3112 - Resolution to amend Ordinance C.S. No. 10-2406 the 2011-2015 Capital Improvement Budget and Program, Fixed Asset and Grant Awards. (Gould/Davis)

15. Resolution C.S. No. C-3113 - Resolution certifying the population census counts for the Fire Protection Districts of St. Tammany Parish. (Gould/Davis)

16. Resolution C.S. No. C-3114 - Resolution authorizing the hiring of a professional consultant to evaluate parish-wide fire service delivery systems and make recommendations promoting universal service levels and cost effectiveness. (Canulette)

17. Resolution C.S. No. C-3115 - Resolution to vacate, in part, the moratorium established by Ordinance C.S. No. 11-2465 on issuance of building permits for construction or placement of building structures on property within a portion of unincorporated Alton Subdivision bearing physical address of 62143 N. 13th Street, Slidell. (Ward 8, District 14) (Burkhalter)

18. Resolution C.S. No. C-3116 - Resolution to vacate, in part, the moratorium established by Ordinance C.S. No. 11-2465 on issuance of building permits for construction or placement of building structures on property within a portion of unincorporated Alton Subdivision bearing physical address 61419 N. 7th Street, Slidell. (Ward 8, District 14) (Burkhalter)

19. Resolution C.S. No. C- 3117- Resolution requesting the U.S. Corps of Engineers, Vicksburg District, to authorize and conduct De-Silting Operations in the Pearl River Navigational Canal in the interest of Public Safety. (Howell/Bellisario)

END OF CONSENT CALENDAR
APPEALS

1. Glen Villalobos for Fontainebleau Property Owners Association appealing the Zoning Commission APPROVAL on March 1, 2011 to rezone 9.943 acres west of North Causeway Service Road, south of LA Highway 22, being 1438 North Causeway from NC-5 (Retail and Service District) to HC-2 (Highway Commercial District). (Ward 4, District 4) (ZC11-03-012) (Applicant Matt Bennett for BB Mini Storage) (Tabled 4/7/11)

NOTE:

To concur with Zoning APPROVAL, a simple majority vote is required and introduction of an ordinance.
   
NOTE: To override Zoning APPROVAL, a majority vote of the entire Council is required and adoption of a resolution.

2. John and Rayelyn Cerniglia for the Platinum Holding Group appealing the Zoning Commission DENIAL on April 5, 2011 to rezone 56,959 square feet located west of Coffee Street, north of Florida Street from HC-2 (Highway Commercial District) to A-8 (Multiple Family Residential District). (Ward 4, District 10) (ZC11-04-031)

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. 4485 - Ordinance to amend and reenact Chapter 9 of the St. Tammany Parish Code of Ordinances, Garbage and Trash, to provide definitions and criteria with respect to Solid Waste Management Facilities, Collection Facilities, Transfer Stations and Commercial Haulers, and to otherwise provide amendments with respect to Garbage and Trash. (Introduced 1/6/11) (Tabled 2/3/11, 3/3/11 & 4/7/11)

2. Ord. Cal. No. 4486 - Ordinance to amend the Parish Unified Development Code, Volume 1 (Zoning) by amending Article 2, Definitions and creating Section 6.07 - Transfer of Development Rights Overlay. (Introduced 4/7/11)

3. Ord. Cal. No. 4526 - Ordinance to amend the St. Tammany Parish Unified Development Code, Volume I (Zoning) to delete and replace Section 6.03, SAO - Slidell Airport Overlay in its entirety. (ZC11-03-013) (Zoning Commission approved 3/1/11) (Introduced 4/7/11)

4. Ord. Cal. No. 4527 - Ordinance amending the official Parish Zoning Map to reclassify 5.84 acres located east and west of Buckley Lane, south of LA Highway 1091 from A-4 (Single-Family Residential District) and A-3 (Suburban District) to A-4 (Single-Family Residential District) and MHO (Manufactured Housing Overlay District).(Ward 8, District 14) (ZC11-03-014) (Zoning Commission approved 3/1/11) (Introduced 4/7/11)

5. Ord. Cal. No. 4528 - Ordinance amending the official Parish Zoning Map to reclassify 11 acres located east of Fish Hatchery Road, north of Sandy Road from A-1-A (Suburban District) to A-2 (Suburban District). (Ward 7, District 7) (ZC11-03-016) (Zoning Commission approved 3/1/11) (Introduced 4/7/11)

6. Ord. Cal. No. 4529 - Ordinance amending the official Parish Zoning Map to reclassify 1.340 acres located on the southeast corner of LA Highway 21 & Pierce Road from A-2 (Suburban District) to HC-2 (Highway Commercial District). (Ward 5, District 6) (ZC11-03-018) (Zoning Commission approved 3/1/11) (Introduced 4/7/11)

7. Ord. Cal. No. 4530 - Ordinance amending the official Parish Zoning Map to reclassify 4 acres located south of Morgan Road, west of LA Highway 40, being 21160 Morgan Road, Bush from A-1 (Suburban District) to A-2 (Suburban District). (Ward 2, District 2) (ZC11-03-019) (Zoning Commission approved 3/1/11) (Introduced 4/7/11)

8. Ord. Cal. No. 4531 - Ordinance amending the official Parish Zoning Map to reclassify 6.075 acres located east of North Willie Road, north of Robert Willie Road, being 80472 N. Willie Road, Folsom from A-1 (Suburban District) to A-2 (Suburban District). (Ward 2, District 3) (ZC11-03-020) (Zoning Commission approved 3/1/11) (Introduced 4/7/11)

9. Ord. Cal. No. 4532 - Ordinance amending the official Parish Zoning Map to reclassify 4.27 acres located east of LA Highway 1077, south of Stephanie Lane, being 76160 Highway 1077, Covington, from A-1 (Suburban District) to PF-1 (Public Facilities District). (Ward 1, District 1) (ZC11-03-022) (Zoning Commission approved 3/1/11) (Introduced 4/7/11)

10. Ord. Cal. No. 4533 - Ordinance accepting finalized subdivisions into the Road & Drainage Inventories, specifically Pine Creek Acres, Phase 1B Subdivision. (Ward 1, District 1) (Introduced 4/7/11)

11. Ord. Cal. No. 4534 - Ordinance to correct the Road and Drainage Inventory to include Adams Avenue; Comanche Drive lateral; Sandlewood Court lateral; and an extension of Falconer Blvd., in said inventory. (Wards 3 & 5, Districts 3, 5 & 6) (Introduced 4/7/11)

12. Ord. Cal. No. 4535 - Ordinance to correct the Road and Drainage Inventory to include North Shore Drive in said inventory. (Ward 9, District 13) (Introduced 4/7/11)

13. Ord. Cal. No. 4536 - Ordinance to authorize the Parish President to accept donation and dedication and to accept into the Parish Road Maintenance System Stirling Boulevard Extension. (Introduced 4/7/11)

14. Ord. Cal. No. 4537 - Ordinance to amend Ordinance C.S. No. 09-2166 the 2010-2014 Capital Improvements Budget and Program; and to further identify Fixed Asset and Grant Award. (Introduced 4/7/11)

15. Ord. Cal. No. 4538 - Ordinance to amend the 2011 Operating Budget -Amendment No. 2. (Introduced 4/7/11)

16. Ord. Cal. No. 4539 - Ordinance to amend the 2011 Operating Budget -Amendment No. 3. (Introduced 4/7/11)

17. Ord. Cal. No. 4540 - Ordinance amending the 2010 Operating Budget. (Introduced 4/7/11)

18. Ord. Cal. No. 4541 - 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. (Introduced 4/7/11)

19. Ord. Cal. No. 4542 - 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 which is unaffiliated with any hospital, hospice and/or facility for the treatment of the terminally ill in unincorporated St. Tammany Parish. (Introduced 4/7/11)

20. Ord. Cal. No. 4546 - Ordinance amending the Official Parish Zoning Map to reclassify 40.087 acres located south of M. P. Planche Road, west of LA Highway 25 from A-3 (Suburban District) to A-4-A (Single Family District). (Ward 3, District 3) (ZC11-03-021) (Introduced 4/7/11)

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21. Ord. Cal. No. 4547 - Ordinance amending Ordinance C. S. No. 10-2200 to accept into the Parish Selective Road Maintenance System Inventory the sixty (60') foot right-of-way and servitude previously accepted by said ordinance, and to ratify said ordinance as amended hereby. (Ward 10, District 6) (Introduced 4/7/11)

22. Ord. Cal. No. 4548 - Ordinance to amend the Parish Unified Development Code, Volume 1 (Zoning), Section 7.02, Signage Regulations, and Article 2 Definitions relative to pylon signs applicable to regional commercial/office centers. (ZC11-04-033) (Introduced 4/7/11) 

DISCUSSIONS AND OTHER MATTERS

1. Motion to refer to the Zoning Commission for recommendation the proposed rezoning of Lots 3, 4, 10 and 13, Square 13 West, Alton, currently zoned A-4 (Suburban District) to NC-2 (Neighborhood Institutional District). (Ward 8, District 14) (Burkhalter)

2. Motion to reconsider Resolution C.S. No. C-3077 - Resolution to not concur with the City of Slidell annexation and rezoning of 0.262 acre from Parish HC-2 (Highway Commercial District) to City of Slidell C-4 (Highway Commercial District) located at the corner of Brownswitch and Clearwood Drive. (Adopted 4/7/11) (Ward 8, District 9) (SL2011-01) (Bellisario)