Agenda 8/7/12
Agenda 8/7/12

PUBLIC NOTICE - ST. BERNARD PARISH COUNCIL MEETING - AGENDA

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Tuesday, August 7, 2012 11:00 a.m. Council Chambers Page 1 of 9


Sign Interpreter will be provided if requested 48 working hours in advance. Should an interpreter be needed, it is advised that the interested person contact the Clerk of Council at 278-4228. All accessible formats are available upon request.

A. Meeting Called to Order and Roll Call

B. Remind Public that no food or drink is allowed in the Council Chambers

C. Remind Public of Cell Phone Ordinance SBPC #815-02-08

D. Invocation by Rev. Otto Martin, III, with First Pentecostal Church of Chalmette

E. Pledge of Allegiance by Councilman Montelongo

F. Recognize Elected Officials

APPROVAL OF MINUTES

1. Motion to approve the minutes of the July 11, 2012 Special Council meeting and the July 17, 2012 Regular Council meeting as published in the official journal, the St. Bernard Voice on Friday, July 27, 2012. (Council Chair)

Special Council Meeting Minutes from July 11, 2012.doc

Regular Council Meeting Minutes from July 17, 2012.doc

RECOGNITION

2. Motion to recognize Councilman Guy McInnis to discuss adjudicated properties in St. Bernard Parish. (Council Chair)

3. David E. Peralta, President's Report

RECOGNIZE THE PUBLIC

4. Recognize The Public

(Those wishing to speak must sign in prior to the start of the meeting. Speakers will be given 2 minutes.)

PUBLIC HEARINGS

5. Summary No. 2820

Introduced by: Councilman Hunnicutt on 5/15/12

Planning Commission recommended DENIAL

AN ORDINANCE TO AMEND CHAPTER 22; SECTION 22-2-4 (DEFINITIONS) AND SECTION 22-6-4 (PERMITTED USES IN BUSINESS & INDUSTRIAL DISTRICTS; RETAIL & SERVICE USES) (AGRICULTURE AND RESIDENTIAL USES) IN THE ST. BERNARD PARISH CODE OF ORDINANCES.

Definitions.doc

6. Summary No. 2827

Introduced by: Administration on 6/19/12

Planning Commission recommended DENIAL

AN ORDINANCE TO APPROVE DOCKET Z-2012-011, PETITION OF FRANK P. AUDERER III, FOR A ZONING CHANGE (AND POSSIBLE CONDITIONAL USE) OF ONE PARCEL FROM I-2 (HEAVY INDUSTRIAL) TO R-3 (MULTI-FAMILY RESIDENTIAL) FOR THE FOLLOWING DESCRIBED PROPERTY: MUNICIPAL ADDRESS DESIGNATED AS 348/350-A/350-B FRISCOVILLE AVENUE, ARABI, LA 70032.

7. Summary No. 2828

Introduced by: Administration on 6/19/12

Planning Commission recommended DENIAL

AN ORDINANCE TO APPROVE DOCKET Z-2012-012, PETITION OF CLIFF DUPLESSY, FOR A ZONING CHANGE OF ONE PARCEL FROM R-2 (TWO-FAMILY RESIDENTIAL) TO C-1 (NEIGHBORHOOD COMMERCIAL) FOR THE FOLLOWING DESCRIBED PROPERTY: MUNICIPAL ADDRESS DESIGNATED AS 309 W. CELESTINE STREET, CHALMETTE, LA 70043.

8. Summary No. 2829

Introduced by: Administration on 6/19/12

Planning Commission recommended DENIAL

AN ORDINANCE TO APPROVE DOCKET Z-2012-013, PETITION OF GARY FISHER, FOR A ZONING CHANGE OF ONE PARCEL FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO R-2 (TWO-FAMILY RESIDENTIAL) FOR THE FOLLOWING DESCRIBED PROPERTY: MUNICIPAL ADDRESS DESIGNATED AS 2512 CULOTTA STREET, CHALMETTE, LA 70043.

9. Summary No. 2830

Introduced by: Administration on 6/19/12

Planning Commission recommended DENIAL

AN ORDINANCE TO APPROVE DOCKET Z-2012-014, PETITION OF RANDY J. MUSCARELLO SR., FOR A ZONING CHANGE OF ONE PARCEL FROM R-2 (TWO-FAMILY RESIDENTIAL) TO R-3 (MULTI-FAMILY RESIDENTIAL) FOR THE FOLLOWING DESCRIBED PROPERTY: MUNICIPAL ADDRESS DESIGNATED AS 3108 DELAMBERT STREET, CHALMETTE, LA 70043.

10. Summary No. 2831

Introduced by: Administration on 6/19/12

Planning Commission recommended APPROVAL

AN ORDINANCE TO APPROVE DOCKET Z-2012-015, PETITION OF ANTHONY MOLEY, FOR A CONDITIONAL USE OF ONE PARCEL CURRENTLY ZONED I-2 (HEAVY INDUSTRIAL), FOR A SCRAP YARD FOR THE FOLLOWING DESCRIBED PROPERTY: MUNICIPAL ADDRESS DESIGNATED AS 217 E. VIRTUE STREET, CHALMETTE, LA 70043.

11. Summary No. 2835

Introduced by: Councilman Lauga on 7/3/12

Planning Commission recommended APPROVAL

AN ORDINANCE TO AMEND THE ST. BERNARD PARISH CODE OF ORDINANCES CHAPTER 22; SECTION 22-2-4.26 DEFINITIONS, 22-5-3 BULK & AREA REQUIREMENTS AND 22-6-12 GOVERNMENT 1.

Definitions.doc

12. Summary No. 2836

Introduced by: Councilman Lauga on 7/3/12

Planning Commission made NO RECOMMENDATION

AN ORDINANCE TO APPROVE DOCKET Z-2012-017, ST. BERNARD PARISH COUNCIL FOR A ZONING CHANGE FROM CURRENT ZONING, TO "G-1 (GOVERMENT 1), FOR THE FOLLOWING DESCRIBED PROPERTY: ALL PROPERTIES CURRENTLY IN POSSESION OF ROAD HOME CORPORATION a/k/a/ Road Home Corporation D/B/A Louisiana Land Trust (LLT) UNTIL ADOPTION OF THE ST. BERNARD PARISH MASTER LAND USE PLAN.

13. Summary No. 2837

Introduced by: Administration on 7/17/12

AN ORDINANCE TO AUTHORIZE ST. BERNAD PARISH GOVERNMENT TO CONVEY THE FOLLOWING LOUISIANA LAND TRUST PROPERTIES TO THE LAKE BORGNE BASIN LEVEE DISTRICT.

14. Summary No. 2838

Introduced by: Administration on 7/17/12

AN ORDINANCE TO AUTHORIZE ST. BERNAD PARISH GOVERNMENT TO CONVEY THE FOLLOWING LOUISIANA LAND TRUST PROPERTIES TO THE ST. BERNARD PARISH SHERIFF'S OFFICE.

15. Summary No. 2839

Introduced by: Councilman Lewis on 7/17/12

AN ORDINANCE AMENDING CHAPTER 11, HEALTH AND SANITATION; BY ADDING A NEW ARTICLE VII, SECTION 11-160 – 11-204.4, PROPERTY MAINTENANCE CODE; OF THE ST. BERNARD PAIRSH CODE OF ORDINANCES, REGULATING AND GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES; BY PROVIDING THE STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL; TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY AND FIT FOR OCCUPATION AND USE; AND THE CONDEMNATION OF BUILDINGS AND STRUCTURES FOR HUMAN OCCUPANCY AND USE, AND THE DEMOLITION OF SUCH EXISTING STRUCTURES IN THE PARISH OF ST. BERNARD; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF.

RESOLUTIONS

16. Adopt Resolution SBPC #964-08-12, approving permits as recommended by the Alcohol Beverage and Bingo Department:

Beer and/or Liquor Permit(s)

e. Louisiana CVS Pharmacy, LLC d/b/a CVS/Pharmacy #2597 2600 Paris Road Chalmette, LA 70043 Manager: Philip Papy, Jr. (New Business) (Beer and Liquor)

f. LaMar Enterprises, LLC d/b/a Barker's Dozen 7801-B East St. Bernard Highway Violet, LA 70092 Member: Rolfe A. Barker (Change in Ownership) (Beer Only)

g. Last Stop Food Mart, LLC d/b/a Last Stop Food Mart LLC 4513 East LA Highway 46 St. Bernard, LA 70085 Member: Margaret B. Kramer (New Business) (Beer and Liquor)

h. Mia's Pizza, LLC d/b/a Marco's Pizza 9212 West Judge Perez Drive, Suite C Chalmette, LA 70043 Member(s): Robert and Maria Lawless (New Business) (Beer only)

i. Rana & Sons, LLC d/b/a Discount Food Mart 7011 St. Claude Avenue Arabi, LA 70032 Member(s): Rana S. Rasool and Rana M. Rasool (New Business) (Beer and Liquor)

Special Event

1. Name of Organization: Justice of the Peace and Constable Association of St. Bernard

Address: 1828 Russell Place, St. Bernard, LA 70085

Name of Event: Car Show Fundraiser

Location of Event: 1357 Bayou Road, St. Bernard, LA 70085 (Islenos Center)

Date and Time: September 15, 2012 (8:00 a.m. - 6:00 p.m.)

17. Adopt Resolution SBPC #965-08-12, a resolution to adopt the St. Bernard Parish CDBG-DRU Monitoring Plan.

Monitoring Plan.doc

18. Adopt Resolution SBPC #966-08-12, a resolution ordering and calling a special election to be held in the St. Bernard Parish Communications District, State of Louisiana, to authorize the increase of a 911 Service Charge therein; making application to the State Bond Commission in connection therewith; and provid­ing for other matters in connection there­with.

ADOPTION OF ORDINANCES

19. Summary No. 2820

Introduced by: Councilman Hunnicutt on 5/15/12

Planning Commission recommended DENIAL

Public hearing held 8/7/12

AN ORDINANCE TO AMEND CHAPTER 22; SECTION 22-2-4 (DEFINITIONS) AND SECTION 22-6-4 (PERMITTED USES IN BUSINESS & INDUSTRIAL DISTRICTS; RETAIL & SERVICE USES) (AGRICULTURE AND RESIDENTIAL USES) IN THE ST. BERNARD PARISH CODE OF ORDINANCES.

Definitions.doc

20. Summary No. 2827

Introduced by: Administration on 6/19/12

Planning Commission recommended DENIAL

Public hearing held 8/7/12

AN ORDINANCE TO APPROVE DOCKET Z-2012-011, PETITION OF FRANK P. AUDERER III, FOR A ZONING CHANGE (AND POSSIBLE CONDITIONAL USE) OF ONE PARCEL FROM I-2 (HEAVY INDUSTRIAL) TO R-3 (MULTI-FAMILY RESIDENTIAL) FOR THE FOLLOWING DESCRIBED PROPERTY: MUNICIPAL ADDRESS DESIGNATED AS 348/350-A/350-B FRISCOVILLE AVENUE, ARABI, LA 70032.

21. Summary No. 2828

Introduced by: Administration on 6/19/12

Planning Commission recommended DENIAL

Public hearing held 8/7/12

AN ORDINANCE TO APPROVE DOCKET Z-2012-012, PETITION OF CLIFF DUPLESSY, FOR A ZONING CHANGE OF ONE PARCEL FROM R-2 (TWO-FAMILY RESIDENTIAL) TO C-1 (NEIGHBORHOOD COMMERCIAL) FOR THE FOLLOWING DESCRIBED PROPERTY: MUNICIPAL ADDRESS DESIGNATED AS 309 W. CELESTINE STREET, CHALMETTE, LA 70043.

22. Summary No. 2829

Introduced by: Administration on 6/19/12

Planning Commission recommended DENIAL

Public hearing held 8/7/12

AN ORDINANCE TO APPROVE DOCKET Z-2012-013, PETITION OF GARY FISHER, FOR A ZONING CHANGE OF ONE PARCEL FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO R-2 (TWO-FAMILY RESIDENTIAL) FOR THE FOLLOWING DESCRIBED PROPERTY: MUNICIPAL ADDRESS DESIGNATED AS 2512 CULOTTA STREET, CHALMETTE, LA 70043.

23. Summary No. 2830

Introduced by: Administration on 6/19/12

Planning Commission recommended DENIAL

Public hearing held 8/7/12

AN ORDINANCE TO APPROVE DOCKET Z-2012-014, PETITION OF RANDY J. MUSCARELLO SR., FOR A ZONING CHANGE OF ONE PARCEL FROM R-2 (TWO-FAMILY RESIDENTIAL) TO R-3 (MULTI-FAMILY RESIDENTIAL) FOR THE FOLLOWING DESCRIBED PROPERTY: MUNICIPAL ADDRESS DESIGNATED AS 3108 DELAMBERT STREET, CHALMETTE, LA 70043.

24. Summary No. 2831

Introduced by: Administration on 6/19/12

Planning Commission recommended APPROVAL

Public hearing held 8/7/12

AN ORDINANCE TO APPROVE DOCKET Z-2012-015, PETITION OF ANTHONY MOLEY, FOR A CONDITIONAL USE OF ONE PARCEL CURRENTLY ZONED I-2 (HEAVY INDUSTRIAL), FOR A SCRAP YARD FOR THE FOLLOWING DESCRIBED PROPERTY: MUNICIPAL ADDRESS DESIGNATED AS 217 E. VIRTUE STREET, CHALMETTE, LA 70043.

25. Summary No. 2835

Introduced by: Councilman Lauga on 7/3/12

Planning Commission recommended APPROVAL

Public hearing held 8/7/12

AN ORDINANCE TO AMEND THE ST. BERNARD PARISH CODE OF ORDINANCES CHAPTER 22; SECTION 22-2-4.26 DEFINITIONS, 22-5-3 BULK & AREA REQUIREMENTS AND 22-6-12 GOVERNMENT 1.

26. Summary No. 2836

Introduced by: Councilman Lauga on 7/3/12

Planning Commission made NO RECOMMENDATION

Public hearing held 8/7/12

AN ORDINANCE TO APPROVE DOCKET Z-2012-017, ST. BERNARD PARISH COUNCIL FOR A ZONING CHANGE FROM CURRENT ZONING, TO "G-1 (GOVERMENT 1), FOR THE FOLLOWING DESCRIBED PROPERTY: ALL PROPERTIES CURRENTLY IN POSSESION OF ROAD HOME CORPORATION a/k/a/ Road Home Corporation D/B/A Louisiana Land Trust (LLT) UNTIL ADOPTION OF THE ST. BERNARD PARISH MASTER LAND USE PLAN.

27. Summary No. 2837

Introduced by: Administration on 7/17/12

Public hearing held 8/7/12

AN ORDINANCE TO AUTHORIZE ST. BERNAD PARISH GOVERNMENT TO CONVEY THE FOLLOWING LOUISIANA LAND TRUST PROPERTIES TO THE LAKE BORGNE BASIN LEVEE DISTRICT.

28. Summary No. 2838

Introduced by: Administration on 7/17/12

Public hearing held 8/7/12

AN ORDINANCE TO AUTHORIZE ST. BERNAD PARISH GOVERNMENT TO CONVEY THE FOLLOWING LOUISIANA LAND TRUST PROPERTIES TO THE ST. BERNARD PARISH SHERIFF'S OFFICE.

29. Summary No. 2839

Introduced by: Councilman Lewis on 7/17/12

Public hearing held 8/7/12

AN ORDINANCE AMENDING CHAPTER 11, HEALTH AND SANITATION; BY ADDING A NEW ARTICLE VII, SECTION 11-160 – 11-204.4, PROPERTY MAINTENANCE CODE; OF THE ST. BERNARD PAIRSH CODE OF ORDINANCES, REGULATING AND GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES; BY PROVIDING THE STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL; TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY AND FIT FOR OCCUPATION AND USE; AND THE CONDEMNATION OF BUILDINGS AND STRUCTURES FOR HUMAN OCCUPANCY AND USE, AND THE DEMOLITION OF SUCH EXISTING STRUCTURES IN THE PARISH OF ST. BERNARD; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF.

INTRODUCTION OF ORDINANCES

30. Summary No. 2840

Introduced by Councilman McInnis on 8/7/12

AN ORDINANCE TO RESCIND ORDINANCE SBPC #624-07-05, APPROVING AND AUTHORIZING THE ACCEPTANCE OF STREETS TO PUBLIC USE AND THE ACCEPTANCE OF SAME FOR PERPETUAL MAINTENANCE LOCATED IN JUMONVILLE NORTH SUBDIVISION, PHASE 1, LOTS 1 THROUGH 27 INCLUSIVE, LOTS 133 THROUGH 153 INCLUSIVE, AND LOTS 83 THROUGH 87 INCLUSIVE (A TOTAL OF 52 LOTS) (NO LOT 13) INCLUDING RUE CARMEN, RUE CIEL AND RUE MARCELLE.

31. Summary No. 2841

Introduced by Administration on 8/7/12

Planning Commission recommended DENIAL

AN ORDINANCE TO APPROVE DOCKET Z-2012-016, PETITION OF JEFF SANTOS, FOR A ZONING CHANGE OF ONE PARCEL CURRENTLY ZONED R-1 (SINGLE-FAMILY RESIDENTIAL) TO R-3 (MULTI-FAMILY RESIDENTIAL) FOR THE FOLLOWING DESCRIBED PROPERTY: LOT 18, SQUARE 22, BATTLEGROUND GARDEN SUBDIVISION. MUNICIPAL ADDRESS DESIGNATED AS: 3100 JACKSON BOULEVARD, CHALMETTE, LA 70043

32. Summary No. 2842

Introduced by Administration on 8/7/12

Planning Commission recommended APPROVAL

AN ORDINANCE TO CREATE AND INSERT SECTION 22-4-2.15 (GENERAL PROVISIONS; GENERAL PROVISIONS; RESIDENTIAL FENCES).

Residential Fences.doc

33. Summary No. 2843

Introduced by Administration on 8/7/12

Planning Commission recommended APPROVAL

AN ORDINANCE TO AMEND SECTION 22-4-3.3 (GENERAL PROVISIONS; EXCEPTIONS AND MODIFICATIONS; EXCEPTIONS TO YARD REQUIREMENTS) TO INCLUDE THE FOLLOWING ITEM, WHICH SHALL BECOME AND BENAMED ITEM "(N)"

Exceptions to yard requirements.doc

34. Summary No. 2844

Introduced by Administration on 8/7/12

Planning Commission recommended DENIAL

AN ORDINANCE TO AMEND THE "NOTES TO BUSINESS AND INDUSTRIAL USES" SECTION OF CHAPTER 22 (ZONING); SECTION 22-6-4 (PERMITTED USES IN BUSINESS & INDUSTRIAL DISTRICTS) OF THE ST. BERNARD PARISH CODE OF ORDINANCES.

Permitted uses in Business & Industrial Districts.doc

35. Summary No. 2845

Introduced by Administration on 8/7/12

Planning Commission recommended APPROVAL

AN ORDINANCE TO AMEND SECTION 22-7-1 (SITE DEVELOPMENT STANDARDS; LANDSCAPE REGULATIONS) TO CORRECT A TYPOGRAPHICAL ERROR REGARDING LANDSCAPE BUFFERING AT SECTION 22-7-1.2.

Site Development Standards.doc

36. Summary No. 2846

Introduced by: Administration on 8/7/12

Executive Finance Committee made NO Recommendation on 7/25/12

AN ORDINANCE AMENDING THE 2012 BUDGET TO IMPOSE OPERATING FEES IN ORDER TO BALANCE 2012 GENERAL FUND BUDGET ACCORDING TO RS 39:1301-1315. (OPTION #1)

Exhibit "A": Fund Dept.doc

37. Summary No. 2847

Introduced by: Administration on 8/7/12

Executive Finance Committee made NO Recommendation on 7/25/12

AN ORDINANCE AMENDING THE 2012 BUDGET TO IMPOSE OPERATING FEES AND REDUCE SALARY EXPENSE IN ORDER TO BALANCE 2012 GENERAL FUND BUDGET ACCORDING TO RS 39:1301-1315. (OPTION #2)

Exhibit "A": Fees & Salaries.doc

38. Summary No. 2848

Introduced by: Administration on 8/7/12

Executive Finance Committee made NO Recommendation on 7/25/12

AN ORDINANCE AMENDING THE 2012 BUDGET TO REDUCE SALARY EXPENSE IN ORDER TO BALANCE 2012 GENERAL FUND BUDGET ACCORDING TO RS 39:1301-1315. (OPTION #3)

Exhibit "A":Salary Reduction.doc

OTHER MATTERS

EXECUTIVE SESSION

Next Regular scheduled Council Meeting will be held Tuesday, August 21, 2012 @ 7:00 p.m.

Approved by: _ Guy McInnis Time: 4:15 p.m. Date: 8/2/12