- THE COUNCIL City of New Orleans JACQUELYN BRECHTEL CLARKSON ARNIE FIELKOW Councilmember At Large Councilmember At Large 0 SHELLEY S. MIDURA STACY HEAD JAMES CARTER CYNTHIA HEDGE-MORRELL CYNTHIA WILLARD-LEWIS Councilmember District "A" Councilmember District "B" Councilmember District "C" Councilmember District "D" Councilmember District "E" AGENDA Regular Meeting of the City Council to be held in City Hall Council Chamber on Tuesday, October 20, 2009 at 10:00 A.M. PRESIDENT VICE PRESIDENT ARNIE FIELKOW JACQUELYN BRECHTEL CLARKSON Councilmember-At-Large Councilmember-At-Large ROLL CALL PEGGY LEWIS CLERK OF COUNCIL INVOCATION CANTOR JOEL COLMAN TEMPLE SINAI PRESENTATION OF COLORS PLEDGE OF ALLEGIANCE TO THE FLAG ARNIE FIELKOW COUNCILMEMBER-AT-LARGE NATIONAL ANTHEM CANTOR JOEL COLMAN REV. DR. NORWOOD THOMPSON, JR. CITY COUNCIL CHAPLAIN
Transcript
-
THE COUNCIL
City of New Orleans JACQUELYN BRECHTEL CLARKSON ARNIE FIELKOW Councilmember At Large Councilmember At Large
0
SHELLEY S. MIDURA STACY HEAD JAMES CARTER CYNTHIA HEDGE-MORRELL CYNTHIA WILLARD-LEWIS Councilmember District "A" Councilmember District "B" Councilmember District "C" Councilmember District "D" Councilmember District "E"
AGENDA
Regular Meeting of the City Council
to be held in City Hall Council Chamber on Tuesday, October 20, 2009 at 10:00 A.M.
PRESIDENT VICE PRESIDENT ARNIE FIELKOW JACQUELYN BRECHTEL CLARKSON Councilmember-At-Large Councilmember-At-Large
ROLL CALL PEGGY LEWIS
CLERK OF COUNCIL
INVOCATION CANTOR JOEL COLMAN
TEMPLE SINAI
PRESENTATION OF COLORS
PLEDGE OF ALLEGIANCE TO THE FLAG ARNIE FIELKOW
COUNCILMEMBER-AT-LARGE
NATIONAL ANTHEM CANTOR JOEL COLMAN
REV. DR. NORWOOD THOMPSON, JR. CITY COUNCIL CHAPLAIN
1
A. ROLL CALL 1. PEGGY LEWIS, CLERK OF COUNCIL
B. INVOCATION
1. CANTOR JOEL COLMAN, TEMPLE SINAI
C. PRESENTATION OF COLORS D. PLEDGE OF ALLEGIANCE TO THE FLAG
1. STACY HEAD, COUNCILMEMBER DISTRICT “B”
E. NATIONAL ANTHEM
1. CANTOR JOEL COLMAN
F. COUNCIL CHAPLAIN
1. REV. DR. NORWOOD THOMPSON, CITY COUNCIL CHAPLAIN
2
PLEASE TURN ALL CELL PHONES AND BEEPERS EITHER OFF OR ON VIBRATE IN THE COUNCIL CHAMBER DURING COUNCIL PROCEEDINGS.
SPECIAL ORDERS OF BUSINESS
A. COMMUNICATION B. FIRST ORDER – MOTION
1. NO. M-09-579 – BY: COUNCILMEMBERS FIELKOW AND CLARKSON
Brief: Suspending Rule 1 of the Rules and Regulations of the City Council to establish Tuesday, October 20, 2009 as a Regular Council Meeting day. Annotation: Submitted in Brief.
3
C. SECOND ORDER – PRESENTATION – LEGISLATIVE GROUPING
1. DR. LARRY HOLLIER, DR. PETER DEBLIEUX, DR. BEN SACHS, AND NORMAN MCSWAIN
Brief: Discussing the naming of the New Orleans Trauma Center. Annotation: TO APPEAR.
a. MOTION
1. NO. M-09-573 – BY: COUNCILMEMBERS CLARKSON AND HEAD Brief: Commending the LSU Board of Supervisors for naming the trauma center as “The Spirit of Charity Trauma Center.”
4
D. THIRD ORDER – PRESENTATION - LEGISLATIVE GROUPING
1. AARON BROUSSARD, JEFFERSON PARISH PRESIDENT, JOHN YOUNG, JEFFERSON PARISH COUNCILMAN-AT-LARGE, MARCIA ST. MARTIN, DIRECTOR OF SEWERAGE AND WATER BOARD, LISA LUDWIG, EXECUTIVE DIRECTOR OF PUMP TO THE RIVER AND JOSEPH RAULT OF PUMP TO THE RIVER. Brief: Discussing the recent progress in the U. S. Congress regarding Options 1, 2, and 2/2a and Pump to the River for New Orleans Outfall Canals. Annotation: TO APPEAR.
a. MOTION
1. NO. M-09-574 – BY: COUNCILMEMBER CLARKSON
Brief: Reaffirming the Council’s request of April 2nd, 2009 to have Option 2a implemented.
5
CONSENT AGENDA
A. COMMUNICATIONS
1. FROM LISA HUDSON, DIRECTOR OF PERSONNEL, CITY CIVIL
SERVICE DEPARTMENT
Brief: Submitting for Council approval the addition of a new job classification to the Pay Plan for the Classified Service (Hazard Mitigation Administrator)as adopted by the Civil Service Commission at its meeting of September 28, 2009. Annotation: MAY BE RECEIVED.
2. FROM WALTER J. WILKERSON, ATTORNEY, WILKERSON & HENRY, L.L.C. ATTORNEYS & COUNSELLORS AT LAW
Brief: Submitting the Council’s Utility Advisors’ Independent Accountants’ Report with respect to the Audit of Entergy New Orleans, Inc. Storm Costs from January 1, 2007 through March 31, 2008. (per Resolution R-09-136) Annotation: MAY BE RECEIVED.
3. FROM KEILEN “NEW ORLEANS SHRIMPMAN” WILLIAMS
Brief: Requesting to address the Council on the matter of making a proposal partnership in starting the city’s only outdoor fresh seafood and vegetable market at 2100 S. Claiborne Avenue. Annotation: MAY BE RECEIVED AND REFERRED TO THE SPECIAL PROJECTS/ECONOMIC DEVELOLOPMENT COMMITTEE.
6
4. FROM JASMINE J. HARALSON, COMMUNITY OUTREACH MANAGER, NEW ORLEANS REDEVELOPMENT AUTHORITY Brief: Requesting to appeal the Neighborhood Conservation District Committee’s decision of “denial” of the demolition of property located at 2022 N. Miro Street. Annotation: MAY BE RECEIVED. (Suggested Hearing Date Set For 11/5/09.
5. FROM JOSEPH BREAUX
Brief: Requesting to address the full Council regarding persecution from those in the Federal Department with deformation of character, discrimination and racial bias. Annotation: MAY BE RECEIVED AND REFERRED TO THE CRIMINAL JUSTICE COMMITTEE.
6. FROM GEROGE M. FRIEDMAN
Brief: Requesting to appeal the Central Business District Historic District Landmarks Commission’s decision of “no action”, for the retention of the leaded, beveled glass doors that deviate from the approved drawings for property located at 116 University Place. Annotation: MAY BE RECEIVED. (Suggested Hearing Date Set For 11/5/09.
7
7. FROM ARTHUR A. MORRELL, CLERK OF CRIMINAL DISTRICT COURT
Brief: Submitting a list of polling place relocations for immediate action in preparation for the Saturday, February 6, 2010 and March 6, 2010 Municipal Elections.
B. ORDINANCES ON FINAL PASSAGE
2. CAL. NO. 27,679 - BY: COUNCILMEMBER HEAD
Brief: An Ordinance to provide for the establishment of a Conditional Use to permit a hotel with variances of the maximum height, minimum open space ratio and minimum off-street parking requirements in a CBD-8 Central Business District, on Square 17, Lots A-1 and 7, in the First Municipal District, bounded by South Peters, Lafayette, Fulton and Girod Streets (Municipal Address: 612-618 South Peters Street); and otherwise to provide with respect thereto. (Zoning Docket Number 61/09)
2. CAL. NO. 27,680 - BY: COUNCILMEMBER MIDURA
Brief: An Ordinance to provide for the establishment of a Conditional Use to permit a college police precinct in an RM-1 Multiple-Family Residential District, on Square 2, Lots 11-A and 12 or Lots 11 and Pt. 12, in the Sixth Municipal District, bounded by Broadway, Freret, Pine and Zimple Streets (Municipal Address: 1036 Broadway Street); and otherwise to provide with respect thereto. (Zoning Docket Number 72/09)
3. CAL. NO. 27,681 - BY: COUNCILMEMBER MIDURA
Brief: An Ordinance to provide for the establishment of a Conditional Use to permit the sale of alcoholic beverages for consumption off-premises at a retail store occupying less than 5,000 square feet of floor area in a B-2 Neighborhood Business District, on Square 28, Lot C, in the Sixth Municipal District, bounded by Nashville Avenue, Magazine, Arabella and Camp Streets (Municipal Addresses: 5723-5725 Magazine Street); and otherwise to provide with respect thereto. (Zoning Docket Number 75/09)
8
4. CAL. NO. 27,682 - BY: COUNCILMEMBER HEAD
Brief: An Ordinance to provide for the establishment of a Conditional Use to permit an amusement place in a CBD-8 Central Business District, on Square 17, Lots A-2, in the First Municipal District, bounded by South Peters, Lafayette, Girod and Fulton Streets (Municipal Addresses: 602-610 South Peters Streets); and otherwise to provide with respect thereto. (Zoning Docket Number 78/09)
5. CAL. NO. 27,691 - BY: COUNCILMEMBERS CARTER AND CLARKSON
Brief: An Ordinance to effect a Zoning Change from an RS-1 Single-Family Residential District to a C-1 General Commercial District, within the UC Urban Corridor District overlay, on Lot 44-X of Section 28, T13S and Section 18, T14S, in the Fifth Municipal District, bounded by General DeGaulle Drive, Lennox Boulevard, Tullis Drive and Nolan Canal; and otherwise to provide with respect thereto. (Zoning Docket Number 70/09)
9
C. MOTIONS/RESOLUTIONS
1. NO. M-09-558 – BY: COUNCILMEMBER CARTER (BY REQUEST)
Brief: Ratifying, confirming and approving the Mayor’s appointment of Troy A Carter (vice Frank Glaviano), as the nominee of The New Orleans Chamber of Commerce as a member of the Downtown Development District for a term that will expire June 30, 2012. Annotation: (Questionnaire Received. Governmental Affairs Committee recommended approval).
Brief: Ratifying, confirming and approving the Mayor’s reappointment of Karen Henley-Raymond, as a member of the New Orleans Sewerage and Water Board for a term that will expire October 17, 2018. Annotation: (Questionnaire Received. Governmental Affairs Committee recommended approval).
Brief: Ratifying, confirming and approving the Mayor’s reappointment of Lois Carlos-Lawrence, as a member of the City Planning Commission for a term that will expire June 30, 2018. Annotation: (Questionnaire Received. Governmental Affairs Committee recommended approval).
Brief: Ratifying, confirming and approving the Mayor’s reappointment of Peter Ricchiuti, as a member of the Revenue Estimating Conference for a term that will expire May 5, 2010. Annotation: (Questionnaire Received. Governmental Affairs Committee recommended approval).
Brief: Ratifying, confirming and approving the Mayor’s appointment of Justin T. Augustine (vice Ernest Legier, Jr.), as a member of the Industrial Development Board for a term that will expire January 1, 2014. Annotation: (Questionnaire Received. Governmental Affairs Committee recommended approval).
11
6. NO. M-09-563 – BY: COUNCILMEMBER CARTER
Brief: Ratifying, confirming and approving the reappointment of Gary C. Watson, as a member of the New Orleans Film and Video Commission for a term that will expire August 7, 2013. Annotation: (Questionnaire Received. Governmental Affairs Committee recommended approval).
MOTION TO ADOPT CONSENT AGENDA AND REFER OTHER MATTERS TO THE PROPER AGENCY. YEAS: NAYS: ABSENT: AND THE CONSENT AGENDA WAS ADOPTED.
12
REGULAR AGENDA A. REPORT B. SPECIAL REPORT C. GENERAL REPORT
1. COUNCIL DISTRICT “B”
Brief: Giving a district report to the full Council. Annotation: TO APPEAR.
13
D. LEGISLATIVE GROUPING – TAX ABATEMENT HEARING
REPORT
1. OF THE MAYOR’S OFFICE OF ECONOMIC DEVELOPMENT
Brief: Recommending approval of the Restoration Tax Abatement request for:
a. RTA #060240 – 622-628 Canal Street and 102-120
St. Charles Avenue (Cn. Head). b. RTA #062430 – 2425 Louisiana Avenue (Cn. Head). c. RTA #070801 – 200 Carondelet Street (Cn. Head). d. RTA #2008–0106 - 1041 Constance Street (Cn.
Head). e. RTA #2008-0248 - 1053 Constance Street (Cn.
Head). f. RTA #20080644 – 9511-9547 Chef Menteur Highway
(Cn. Willard-Lewis). g. RTA #2008-1091 – 2031 St. Charles Avenue (Cn.
Head). h. RTA #2004-0344-48 – 1519 Carondelet Street (Cn.
Head). Annotation: (Report received at the meeting of 10/1/09.)
14
a. RESOLUTIONS
1. NO. R-09-549 – BY: COUNCILMEMBER HEAD
Brief: Approving the participation of municipal address 622-628 Canal Street and 102-120 St. Charles Avenue owned by Avanti Realty, LLC in the Property Tax Abatement Program. (RTA #060240)
2. NO. R-09-550 – BY: COUNCILMEMBER HEAD
Brief: Approving the participation of municipal address 2425 Louisiana Avenue owned by HRI Flint-Goodridge, LLC in the Property Tax Abatement Program. (RTA #062430)
3. NO. R-09-551 – BY: COUNCILMEMBER HEAD
Brief: Approving the participation of municipal address 200 Carondelet Street owned by Reliance-Carondelet Associates One, LP in the Property Tax Abatement Program. (RTA #070801)
4. NO. R-09-552 – BY: COUNCILMEMBER HEAD
Brief: Approving the participation of municipal address 1041 Constance Street owned by Classic Construction of New Orleans Constance Lofts, LLC in the Property Tax Abatement Program. (RTA #2008-0106)
5. NO. R-09-553 – BY: COUNCILMEMBER HEAD
Brief: Approving the participation of municipal address 1053 Constance Street owned by Classic Construction of New Orleans Constance Lofts, LLC in the Property Tax Abatement Program. (RTA #2008-0248)
15
6. NO. R-09-554 – BY: COUNCILMEMBER WILLARD-LEWIS
Brief: Approving the participation of municipal address 9511-9547 Chef Mentuer Highway owned by ARC Investments, LLC in the Property Tax Abatement Program. (RTA #20080644)
7. NO. R-09-555 – BY: COUNCILMEMBER HEAD
Brief: Approving the participation of municipal address 2031 St. Charles Avenue owned by Ponchartrain ALF, LLC in the Property Tax Abatement Program. (RTA #2008-1091)
8. NO. R-09-556 – BY: COUNCILMEMBER HEAD
Brief: Approving the participation of municipal address 1519 Carondelet Street owned by AFD, LLC in the Property Tax Abatement Program. (RTA #2004-0344-48)
16
E. LEGISLATIVE GROUPING – TAX ABATEMENT HEARING
REPORT
1. OF THE MAYOR’S OFFICE OF ECONOMIC DEVELOPMENT
Brief: Recommending approval of the Restoration Tax Abatement request for: RTA #2003-0553-83 (Transfer) – 840 Tchoupitoulas Street. (Cn. Head). Annotation: (Report received at the meeting of 10/1/09).
a. RESOLUTION
1. NO. R-09-557 – BY: COUNCILMEMBER HEAD
Brief: Approving the participation of municipal address 840 Tchoupitoulas Street & 821 Commerce Street, owned by Ana De Aguiar and Jose Veras-Pola (Unit 316), Rudolph Daniel Jacob; Unit (308), Ivan Kennedy (Unit 319), Chris Kenyon (Unit 317), Alice Harris Regan (Unit 315), Irby Morvant (Unit 314), Liane Marle Case Westerman and Samuel Thomas Westerman (Unit 313), Ronald A. Johnson (Unit 310), James E. Thompson and Brian L. Cooley (Unit 305), Akshey Gupta (Unit 304), Marcia Demma (Unit 303), Donna Brazell (Unit 302), Jennifer C. Walker (Unit 301), Bradley Becnel (Unit 224), Michael Gremillion (Unit 222), John R. and Anne F. McGaha (Unit 220), Thomas Bayham (Unit 218), Neil Turner (Unit 217), Kyle Brechtel (Unit 216), John E. McIntosh and Diane McIntosh (Unit 215), Seth Bloom (Unit 214), Shannon M. Drake (Unit 213), Celine Williamson (Unit 212), Robert C. Johnson (Unit 211), Joseph Bosco (Unit 210), Stanford Johnson (Unit 209), A.H. Rach (Unit 208), Jahri Evans (Unit 207), Michelle L. Juneau (Unit 206), Paul A. Butler and Bryan M. Burlingane (Unit 205), Charles S. Greeson (Unit 204), Nicki M. Candies (Unit 202), Sal Figueroa (Unit 203), Paul A. Tabary, III (Unit 307), Steven R. Wagner & Jill F. Wagner (Unit 306), Kevin Juro (Unit 223), Joseph M. Scontrino, III (Unit 221) in the Property Tax Abatement Program. (RTA #2003-0553-83)
17
ALL LAND USE MATTERS ARE SCHEDULED TO COMMENCE AT 11:00 A.M.
OR THEREAFTER
F. HISTORIC DISTRICT LANDMARKS COMMISSION APPEALS
1. OF BARRY B. KATZ
Brief: Requesting to appeal the Historic District Landmarks Commission’s decision of “nomination for study as a local historic landmark”, for property located at 4140 Canal Street. Annotation: (Cn. Head, Cn. Deadline 11/1/09). On Deadline.
2. OF LARRY WARD, MAR PARTNERS 1, LLC
Brief: Requesting to appeal the Historic District Landmarks Commission’s decision of “denial” for demolition without redevelopment plans for property located at 533 Second Street. Annotation: (Cn. Head, Cn. Deadline 11/5/09).
3. OF ROBERT G. ZANCA
Brief: Requesting to appeal the Historic District Landmarks Commission’s decision of “denial” of the retention of the rear addition, removal of the window at left elevation, and repairs to fascia performed without a Certificate of Appropriateness for the property located at 4113 Tchoupitoulas Street.
18
Annotation: (Cn. Head, Cn. Deadline 11/12/09).
G. NEIGHBORHOOD CONSERVATION DISTRICT COMMITTEE APPEAL
1. OF LAUREN M. WOMACK, ADMINISTRATIVE ASSISTANT, THE DEMO DIVA DEMOLITION
Brief: Requesting to appeal the Neighborhood Conservation District Committee’s decision of “denial” of the demolition of property located at 2014 Port Street. Annotation: (Cn. Hedge-Morrell, Cn. Deadline 10/12/09). Past Deadline. Petition Dies.
19
H. LEGISLATIVE GROUPING – OFF STREET PARKING APPEAL
1. OF W. L. ARGUS, JR., AIA, CSI, NCARB, PRINCIPAL, ARGUS ARCHITECTURE ENGINEERING, LLC
Brief: Requesting a waiver for lot area and off-street parking for property located at 1037 Audubon Street. Annotation: (Received at the meeting of 9/17/09).
a. REPORT
OF THE EXECUTIVE DIRECTOR OF THE CITY PLANNING COMMISSION Brief: Recommending approval of the appeal for waivers of lot area, lot width, floor area ratio, depth of front yard and parking for a new religious student activity center in an RM-1 Multiple-Family Residential District for property located at 1037 Audubon Street, subject to five (5) waivers and six (6) provisos. (DR NO. 101/09) Annotation: (Report received at the meeting of 10/1/09).
20
I. VIEUX CARRE’ COMMISSION APPEALS
1. OF MICHAEL W. TIFFT, MCGLINCHEY STAFFORD, PLLC, ATTORNEYS AT LAW
Brief: Requesting to appeal the Vieux Carré Commission’s decision of “denial” for the retention of alterations to rear of main building, courtyard and service wing for property located at 735 Bourbon Street. Annotation: (Cn. Carter).
2. OF MICHAEL D. ALLDAY, ATTORNEY, REPRESENTING GEORGE BUCK AND GHB BROADCASTING GROUP Brief: Requesting to appeal the Vieux Carré Commission’s decision of “denial” for the retention of a satellite dish for property located at 1208 Decatur Street. Annotation: (Cn. Carter).
3. OF BRIAN J. GILLE, AIA, BRIAN J. GILLE ARCHITECTS, LIMITED, REPRESENTING CHARLIE SPANSEL
Brief: Requesting to appeal the Vieux Carré Commission’s decision of “denial” of the proposed construction of a gallery for property located at 223 N. Peters Street. Annotation: (Cn. Carter).
21
J. ZONING PETITIONS
1. ZONING DOCKET NO. 87/09 – CITY COUNCIL MOTION M-09-366
Brief: Requesting a Zoning Map Change from an HMLI Historic Marigny/Treme’ Light Industrial District and an LI-Light Industrial District to a P Park and Recreation District, beginning at the southerly curb of N. Peters (or Levee) Street at its intersection with the west line of Elysian Fields Avenue and travelling eastward along the southerly curb of N. Peters Street to the west line of St. Ferdinand Street, then following the same curb line as it turns north for approximately 87 feet to the east line of St. Ferdinand Street, then turning east for approximately 15 feet, then turning 90 degrees southward to a point along the floodwall, then traveling eastward along the floodwall to the west line of Piety Street, then turning northward along the boundary of the east side property line of Square 23 and the west line of Piety Street, then turning 90 degrees east approximately 12 feet beyond the corner property line at Piety and Chartres Streets, then travelling eastward on Chartres Street parallel to the curb on the southerly side of Chartres Street to approximately 101 feet past the Bartholomew Street property line of Square 31, then turning 90 degrees southward through Square 31 for approximately 151 feet, then turning 90 degrees west for approximately 76 feet, then turning 90 degrees southward to the current zoning district boundary line along the Mississippi River, then travelling in a westward direction approximately 74 feet before reaching the projected east line of Marigny Street along Square 1, then turn 90 degrees northward approximately 290 feet until intersecting with the floodwall, then turning westward along the floodwall until intersecting with the west line of Elysian Fields Avenue, then turning 90 degrees northward to intersect with the beginning point at Elysian Fields Avenue and the southerly curb of N. Peters (or Levee) Street, located within the Third Municipal District, (addresses: Various Assigned and Unassigned). The recommendation of the City Planning Commission being “FOR APPROVAL”. Annotation: (Cn. Carter, Cn. Deadline 11/20/09).
22
2. ZONING DOCKET NO. 91/09 – ORLEANS MEDICAL BUILDING CORPORATION Brief: Requesting a Zoning Change from an RD-3 Two-Family Residential District to a C-1A General Commercial District, on Square 268, Lot 5 or 15; a Zoning Change from an RD-3 Two-Family Residential District to a B-1 Neighborhood Business District, on Square 268, Lot R; and an amendment to Ordinance No. 23,347 M.C.S. (Zoning Docket 70/08, a Zoning Change from an RD-3 Two-Family Residential District and a B-1 Neighborhood Business District to a C-1A General Commercial District and a Conditional Use and Moratorium Appeal to permit an amusement place with the sale of alcoholic beverages for consumption on premises) to permit the expansion of an existing structure, on Square 268, Lots 1 or 12, 2 or 11, 3 or 10, A or 13, B or 14, 4, 108, 16 or S, and 5 or 15, and to permit the establishment of accessory parking lots in an RD-3 Two-Family Residential District on Square 268, Lots 97A, 19 or S, and 20 or A, and on Lots 7 and 8 of Square 253, on Square 268, Lot 5 or 15, Square 268, Lot R, Square 268, Lots 1 or 12, 2 or 11, 3 or 10, A or 13, B or 14, 4, 108, 16 or S, and 5 or 15, Square 268, Lots 97A, 19 or S, and 20 or A, and on Lots 7 and 8 of Square 253. All properties are located in the Second Municipal District and are bounded by Orleans Avenue, North Prieur, Saint Ann, and North Galvez Streets (Municipal Addresses: 2101-2117 Orleans Avenue, 730-732 North Johnson Street and 2032-2038, 2110-2116 and 2128-2134 Saint Ann Street). The recommendation of the City Planning Commission being “FOR APPROVAL”, subject to two (2) waivers and twenty (20) provisos. Annotation: (Cn. Midura, Cn. Deadline 12/1/09).
Brief: Requesting a Conditional Use and Moratorium Appeal to permit an amusement place in a C-1A General Commercial District, on Square 134, Lots 6, 7, and 8, in the Seventh Municipal District, bounded by South Carrollton Avenue, Dublin, Oak, and Zimple Streets (Municipal Address: 8118 Oak Street). The recommendation of the City Planning Commission being “FOR APPROVAL”, subject to fifteen (15) provisos. Annotation: (Cn. Midura, Cn. Deadline 12/15/09).
Brief: Requesting a Zoning Change from an RD-3 Two-Family Residential District to a B-2 Neighborhood Business District, on Square 1560, Lots E and D, in the Third Municipal District, bounded by Sauvage, Maurepas, Ponce de Leon, and North White Streets (Municipal Addresses: 1620-1622 Sauvage Street). The recommendation of the City Planning Commission being “FOR DENIAL”. Annotation: (Cn. Midura, Cn. Deadline 12/15/09).
24
5. ZONING DOCKET NO. 94/09 – MSY, INC.
Brief: Requesting a Conditional Use to permit a gasoline service station in a B-1A Neighborhood Business District, on Square 145, Lots 4 and 5, in the Fourth Municipal District, bounded by Jackson Avenue, Magazine, Camp, and Josephine Streets (Municipal Address: 2133-2135 Magazine Street). The recommendation of the City Planning being “FOR APPROVAL”, subject to eleven (11) provisos. Annotation: (Cn. Head, Cn. Deadline 12/15/09).
Brief: An Ordinance To authorize the sale at public auction of those portions of land in Square 2, Lots 8-11 Orangedale Subdivision, with all improvements and appurtenances thereon designated as 4415 and 4435 Wilson Avenue all in the Third Municipal District, no longer needed for public purposes.
2. CAL. NO. 27,671 - BY: COUNCILMEMBER HEAD (BY REQUEST)
Brief: An Ordinance To amend Ordinance No. 23319 M.C.S. entitled “AN ORDINANCE To authorize the Mayor of the City of New Orleans to enter into a Notarial Act of Revocation of Dedication, Quitclaim, Exchange, and Dedication between the City of New Orleans and the Housing Authority of New Orleans by revocation of dedication and the transfer of ground of six portions of Magnolia Street no longer needed for public use owned by the City of New Orleans to the Housing Authority of New Orleans; and by the transfer to the City of New Orleans of certain parcels of ground owned by the Housing Authority of New Orleans for the dedication of street rights of ways. All of the aforesaid properties are situated in the Fourth and Sixth Municipal Districts of New Orleans, Parish of Orleans, State of Louisiana all as shown on a map of “Survey and Resubdivision of the C. J. Peete Housing Development,” by Gandolfo Kuhn, L.L.C., dated June 2, 2008, revised July 7, 2008 and revised August 18, 2008, Drawing No. T-196-16, with said properties being more particularly described hereinafter.” by amending SECTION 3. to eliminate the transfer of Sixth Street, and adding SECTIONS 8 and 9 to revoke the dedication of Sixth Street as a public Street and to dedicate it as a servitude for utilities, green space and cultural activities.
Brief: An Ordinance to amend Article V of Chapter 18 of the Code of the City of New Orleans, to add thereto a new Division to be designated as Division
26
5, Spaying and Neutering of Dogs; to establish a mandatory spay and neuter program for dogs; to establish a breeding permit for dogs; to establish fees and requirements for such permit and penalties for violations; and otherwise to provide with respect thereto.
4. CAL. NO. 27,689 - BY: COUNCILMEMBER HEAD (BY REQUEST)
Brief: An Ordinance to repeal Ordinance No. 23,673 M.C.S. (Calendar No. 27,596) and granting a Franchise to LOEWS New Orleans HOTEL to construct, maintain and operate a sidewalk café at 535 SOUTH PETERS STREET; to fix the fee for the privilege of using public property, and to otherwise provide with respect thereto.
Brief: An Ordinance approving the form, terms and conditions and the execution and delivery by the New Orleans Aviation Board (the “NOAB”) and the Mayor of the City of New Orleans, Louisiana (the “Mayor”) of a cooperative endeavor agreement (the “Co-op Agreement”) between the NOAB as the unattached board of the City of New Orleans which operates and administers the Louis Armstrong New Orleans International Airport (the “Airport”), and Parking Facilities Corporation (“PFC”), a private, not for profit Louisiana Corporation which constitutes a 501(c)(3) entity for federal tax purposes, and which was caused to be organized by the Council of the City of New Orleans (the “Council”) in the year 2000 for the purpose of assisting local government through the planning, designing, financing, acquiring, constructing, equipping and operating of a second vehicle parking garage commonly referred to as the “long term parking garage” at the Airport (the “PFC Garage”).
Brief: An Ordinance to amend Article I of Chapter 26 of the Code of the City of New Orleans to amend Section 26-3 thereof to add the Gentilly Terrace National Register District; and to provide otherwise with respect thereto.
28
7. CAL. NO. 27,696 – BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST)
Brief: An Ordinance to amend Ordinance No. 23,333 M.C.S., as amended, entitled “An Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2009” to appropriate Federal grant funds from Intergovernmental transfers to various departments for Federal Emergency Management Agency reimbursable related cost.
8. CAL. NO. 27,697 – BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) Brief: An Ordinance to amend Ordinance No. 23,334 M.C.S., as amended, entitled “An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2009” to appropriate Federal grant funds from Intergovernmental transfers to various departments for Federal Emergency Management Agency reimbursable related cost.
9. CAL. NO. 27,698 – BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST)
Brief: An Ordinance to amend Ordinance No. 23,333 M.C.S., as amended, entitled “An Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2009” to appropriate Federal grant funds from Intergovernmental transfers to the Office of the Mayor, Division of Neighborhood 1, energy Efficiency & Conservation Block Grant.
10. CAL. NO. 27,699 – BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) Brief: An Ordinance to amend Ordinance No. 23,334 M.C.S., as amended, entitled “An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2009” to appropriate Federal grant funds from Intergovernmental transfers to the Office of the Mayor, Division of Neighborhood 1, Energy Efficiency & Conservation Block Grant.
29
11. CAL. NO. 27,700 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) Brief: An Ordinance to amend Ordinance No. 23,332 M.C.S., as amended, entitled "An Ordinance Providing a Capital Budget for the year 2009", to effect the following changes to the 2009 Capital Budget. The changes appropriate Energy Efficiency and Conservation Block Grant funds to the Department of Public Works for lighting improvements and the New Orleans Public Library for multiple library building projects.
12. CAL. NO. 27,701 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) Brief: An Ordinance to amend Ordinance No. 23,333 M.C.S., as amended entitled "An Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2009" to appropriate Federal Grant funds from Intergovernmental Transfers to the Department of Human Services, Emergency Food and Shelter Program.
13. CAL. NO. 27, 702 – BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST)
Brief: An Ordinance to amend Ordinance No. 23,334 M.C.S., as amended entitled "An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2009" to appropriate Federal Grant funds from Intergovernmental Transfers to the Department of Human Services, Emergency Food and Shelter Program.
14. CAL. NO. 27,703 - BY: COUNCILMEMBER HEAD
Brief: An Ordinance to amend and reordain Section 26-481 of the Code of the City of New Orleans relative to the Definitions for the City’s Minimum Requirements for Parking Lots; and to provide otherwise with respect thereto.
30
15. CAL. NO. 27,704 - BY: COUNCILMEMBER HEAD
Brief: An Ordinance to temporarily waive certain fees, permit fees, and requirements within and around the 400 block of Julia Street between Tchoupitoulas and Constance Streets, in conjunction with the “Literacy Festival,” sponsored and sanctioned by the New Orleans Hornets’ Shinn Foundation, a non-profit corporation, to specify the duration and boundaries of said waiver, and to provide otherwise with respect thereto.
16. CAL. NO. 27,705 – BY: COUNCILMEMBER MIDURA
Brief: An Ordinance to temporarily waive certain fees, permit fees, stage and tent fees and requirements within and around Palmer Park at 2300 South Carrollton Avenue on Saturday, October 10, 2009 from 9:00 a.m. until 9:00 p.m. in conjunction with the Louisiana Philharmonic Orchestra Concert, to specify the duration and boundaries of said waiver; and to provide otherwise with respect thereto.
Brief: An Ordinance to temporarily waive certain fees, permit fees, and requirements for street closure within and around the 5600 block of Marais Street between Caffin Avenue and Lamanche Street from 10:00 a.m. to 6:00 p.m., in conjunction with St. David Catholic Church Fair on Saturday, October 11, 2009, to specify the duration and boundaries of said waiver; and to provide otherwise with respect thereto.
18. CAL. NO. 27,709 - BY: COUNCILMEMBER CARTER
Brief: An Ordinance to temporarily waive certain fees and requirements and permit street closure within and around the 1000 block of North Prieur
31
Street, in conjunction with a School Activity, on Saturday, October 3, 2009; to specify the duration and boundaries of said waiver; and to provide otherwise with respect thereto.
19. CAL. NO. 27,710 - BY: COUNCILMEMBER CARTER (BY REQUEST) Brief: An Ordinance to temporarily waive certain fees and requirements and permit street closure within and around the 3300-3400 blocks of Grand Route St. John, in conjunction with the Faubourg Saint John Neighborhood Association’s Children’s Trick or Treat event, on Saturday, October 31, 2009; to specify the duration and boundaries of said waiver; and to provide otherwise with respect thereto.
20. CAL. NO. 27,718 - BY: COUNCILMEMBER CARTER
Brief: An Ordinance to amend Article IV of Chapter 66 of the Code of the City of New Orleans to add new sections, designated as 66-133, 66-134 and 66-135, 66-211, 66-212, 66-213, 66-216, to renumber and amend sections formerly identified as 66-137, 66-138, 66-139, 66-140 and 66-141 and to modify and update sections known as “the noise control program” as set forth in Article IV, Sections 66-136 through 66-210; and otherwise to provide with respect thereto.
Brief: Directing the City Planning Commission to conduct a public hearing to consider a request for a Conditional Use to permit the construction of an elementary school in an RS-2 Single-Family Residential District, for lot C, Square 36, in the 3rd Municipal District, generally bounded by Mirabeau Avenue, Piety and Louisa Drives, and Pineda Street (Municipal Address: 4617 Mirabeau Avenue).
G. NO. M-09-564 – BY: COUNCILMEMBERS FIELKOW AND WILLARD-LEWIS
Brief: Requesting that local and national leaders be mindful of the critical distinction when speaking publicly about the disaster, and always avoid using “Katrina shorthand.”
34
H. NO. R-09-566 – BY: COUNCILMEMBERS HEDGE-MORRELL AND MIDURA (BY REQUEST)
Brief: A Resolution calling a special election for February 6, 2010 in the Lake Terrace Crime Prevention District. Annotation: Submitted in Brief.
I. NO. R-09-567 – BY: COUNCILMEMBER HEAD (BY REQUEST)
Brief: A Resolution calling a special election for February 6, 2010 in the Touro Bouligny Security District. Annotation: Submitted in Brief.
J. NO. R-09-568 – BY: COUNCILMEMBER HEAD (BY REQUEST)
Brief: A Resolution calling a special election for February 6, 2010 in the Garden District Security District. Annotation: Submitted in Brief.
K. NO. R-09-569 – BY: COUNCILMEMBER MIDURA (BY REQUEST)
Brief: A Resolution calling a special election for February 6, 2010 in the Upper Hurstville Security District. Annotation: Submitted in Brief.
35
L. NO. M-09-570 – BY: COUNCILMEMBERS FIELKOW AND CARTER
Brief: Establishing the OIG Third-Party Advisory Committee for a period of time not to exceed one year commencing December 1, 2009, pursuant to Section 2-1120 (16)(a) of the Code of the City of New Orleans.
M. NO. R-09-571 – BY: COUNCILMEMBER HEDGE-MORRELL (BY REQUEST)
Brief: A Resolution calling a special election for February 6, 2010 in the Spring Lake Subdivision Improvement District. Annotation: Submitted in Brief.
N. NO. M-09-572 – BY: COUNCILMEMBERS CLARKSON, FIELKOW, MIDURA, HEAD, CARTER, HEDGE-MORRELL AND WILLARD-LEWIS
Brief: Establishing the polling places outlined in the motion as the official polling places for the Saturday, February 6, 2010 and March 6, 2010 Municipal Elections for the precincts specified for the City of New Orleans, Parish of Orleans.
36
O. NO. M-09-575 – BY: COUNCILMEMBER HEDGE-MORRELL Brief: Waiving the fees associated with the temporary closure of Duplessis Street between Owens Street and Wakefield Street on Saturday, October 31, 2009 from 2 p.m. to 5 p.m. for a Halloween Fund Day Block Party for Youth including any fees associated with the applicable traffic controls and parking controls to be implemented by the New Orleans Police Department as provided for in Section 146-583 of the City Code upon the condition that the street closure application process of the Department of Public Works and New Orleans Police Department are completed and approvals are granted. The fee waiver authorized shall not include any direct costs to the city.
P. NO. R-09-576 – BY: COUNCILMEMBER CLARKSON
Brief: Calling on Congress to restore the funding for Medicaid to allow for the continued operation of the vitally important Health Clinics.
Q. NO. M-09-577 – BY: COUNCILMEMBER MIDURA
Brief: Determining that highly qualified and experienced legal, technical, and engineering professional regulatory advisors are required to effectuate the Council’s powers of supervision, regulation and control set forth in Section 3-130 of the Home Rule Charter and directing that the attached Request for Qualifications be re-issued as soon as possible to begin the competitive selection process established by Council Rule 45.
P. ORDINANCES ON FIRST READING G:\DoCS\NAOMI\COUNCIL\AGENDAS\2009\OCTOBER15AGD.doc
