A. ROLL CALL 1. PEGGY LEWIS, CLERK OF COUNCIL B. INVOCATION 1. REV. MOTHER RUBY CHILDS STAR OF HOPE WOMEN’S MINISTRIES C. PRESENTATION OF COLORS D. PLEDGE OF ALLEGIANCE TO THE FLAG 1. CYNTHIA WILLARD-LEWIS, COUNCILMEMBER DISTRICT “E” E. NATIONAL ANTHEM F. COUNCIL CHAPLAIN 1. REV. DR. NORWOOD THOMPSON, CITY COUNCIL CHAPLAIN PLEASE TURN ALL CELL PHONES AND BEEPERS EITHER OFF OR ON VIBRATE IN THE COUNCIL CHAMBER DURING COUNCIL PROCEEDINGS. A. APPROVAL OF MINUTES 1. 2. JUNE 4, 2009 JUNE 18, 2009 SPECIAL ORDERS OF BUSINESS A. FIRST ORDER - MOTION 1. NO. M-09-322 – BY: CLARKSON COUNCILMEMBERS FIELKOW AND Brief: Suspending Rule 1 of the Rules and Regulations of the City Council to amend Motion M-08-613 to reschedule the Council’s regular meeting in July, 2009 from July 16, 2009 to July 23, 2009. ADOPTED. B. SECOND ORDER - PRESENTATION 1. CHAD SHINN, EXECUTIVE OFFICER OF THE BOARD AND STEVE MARTIN, SENIOR VP OF COMMUNICATIONS AND PUBLIC AFFAIRS, FOR THE NEW ORLEANS HORNETS Brief: Congratulating the New Orleans Hornets on a second consecutive playoff season. Annotation: APPEARED. (Cn. Clarkson). 2 C. THIRD ORDER – PRESENTATION 1. MAJOR BOB BARDY, OF THE NEW ORLEANS POLICE DEPARTMENT (NOPD), 6TH DISTRICT Brief: Acknowledging Major Bardy’s Capital One Bank Keller Award for Innovation from BGR. Annotation: APPEARED. (Cn. Clarkson). D. COMMUNICATIONS 1. FROM JEROME SMITH, TAMBORINE & FAN, INC. Brief: Requesting to address the New Orleans City Council to discuss FEMA as it relates to supplies for the children that were lost because of Hurricane Katrina. Annotation: APPEARED. 2. FROM TRACIE L. BOUTTE, VICE PRESIDENT, REGULATORY AND GOVERNMENTAL AFFAIRS, ENTERGY NEW ORLEANS, INC. Brief: Submitting a copy of the report filed with the Securities and Exchange Commission detailing the Regulated Utilities’ proportionate share of the consolidated total Entergy’s assets, operating and maintenance expenses for the quarter ended March 30, 2009 (per Council Resolution R-98-187) Annotation: RECEIVED. 3 3. FROM GAIL MARTIN – Requesting to address the Council regarding persons using hustles as a means to profit. Annotation: RECEIVED & REFERRED TO THE CRIMINAL JUSTICE COMMITTEE. 4. FROM TRACIE L. BOUTTE, VICE PRESIDENT, REGULATORY AND GOVERNMENTAL AFFAIRS, ENTERGY NEW ORLEANS, INC. Brief: Submitting an original and three copies of an Application, Report, Appendices, and Affidavits, of Entergy New Orleans, Inc. for Approval of Programs to be included in the Energy Smart New Orleans Plan and Related Approvals Pursuant to Council Resolution R-09136 and the 2009 Agreements in Principle. Annotation: RECEIVED. 4 CONSENT AGENDA A. REPORTS 1. OF THE EXECUTIVE DIRECTOR OF THE CITY PLANNING COMMISSION Brief: Recommending “Approval” of the request by VOB DEVELOPMENT LLC AND OLD MORRISON PARTNERS LP for a resubdivision of Lot E-2A, LaKratt Tract, Section 27, into Square 1, Lots 1 through 22 and Square 2, Lots 1 through 16, in the Third Municipal District, bounded by Morrison Road, Jahncke Canal, Gannon Canal and North Lake Carmel Drive, subject to two (2) waivers and nine (9) provisos. (SD #29/09). Annotation: RECEIVED. (Hearing Date Set For 7/2/09). 2. OF THE EXECUTIVE DIRECTOR OF THE CITY PLANNING COMMISSION Brief: Transmitting Zoning Docket Numbers 44/09 – Cn. Willard-Lewis, Council Deadline 7/31/09; 48/09 - Cn. Willard-Lewis, 49/09 – Cn. Midura, 50/09 – Cn. Head, Cn. Deadline 9/1/09; 51/09 – Cn. Midura, 52/09 – Cn. Head, 53/09 – All Councilmembers, 54/09 – Cn. Head, 56/09 – Cn. Head, and 57/09 – Cn. Head, Council Deadline 9/15/09. Annotation: RECEIVED. (Hearing Date Set For 7/23/09.) 5 a. Property Acquisition 1/09 For Information Purposes Only: – City of New Orleans Acquisition of 935 Gravier Street, 919 Gravier Street and 218 O’Keefe Avenue in Square 265, 1st Municipal District. The area is generally bounded by Gravier Street, O’Keefe Avenue, Common and Baronne Streets (see attachment). In accordance with Section 6-302 subsection 3 of the City Charter, the City Planning Commission has been requested to consider the property acquisition of the aforementioned properties for use as a public facility for a new City Hall. The City would like to relocate the governmental agencies currently in City Hall and the other public offices renting space at 1340 Poydras Street (Amoco Building) to the newer Chevron properties located on Gravier Street and O’Keefe Avenue. (Cn. Head, Cn. Deadline 7/2/09). Annotation: RECEIVED. (Hearing Date Set For 7/2/09.) 6 3. OF THE MAYOR’S OFFICE/DIVISION OF ECONOMIC DEVELOPMENT Brief: Recommending approval of the Restoration Tax Abatement request for: a. RTA #061674 – 1610 Robert E. Lee Boulevard – (Cn. Hedge-Morrell). b. RTA #061679 – 1674-76 Abundance Street – (Cn. Hedge-Morrell). c. RTA #061680 – 1678-80 Abundance Street – (Cn. Hedge-Morrell). d. RTA #061681 – 2939-41 Bruxelles Street – (Cn. Hedge-Morrell). e. RTA #061683 – 1765 N. Tonti Street – (Cn. Hedge-Morrell). f. RTA #061684 – 1337-39 Bartholomew Street – (Cn. Carter). g. RTA #061971 - 2521 Cleveland Avenue – (Cn. Head). h. RTA #061972 – 334-36 S. Dorgenois Street – (Cn. Head). i. RTA #061973 – 217 S. Johnson Street – (Cn. Head). j. RTA #061975 – 2123 Palmyra Street – (Cn. Head). Annotation: RECEIVED. (Hearing Date Set For 7/23/09.) 7 4. OF THE MAYOR’S OFFICE/DIVISION OF ECONOMIC DEVELOPMENT Brief: Making “no recommendation” on the Restoration Tax Abatement request for: a. RTA #2003-0587-89 (Transfer) – 1314 Napoleon Avenue – (Cn. Head). Annotation: RECEIVED. (Hearing Date Set For 7/23/09). B. ORDINANCES ON FINAL PASSAGE 1. CAL. NO. 27,504 - 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 federal funds from the Hurricane Katrina disaster to the New Orleans Fire Department, New Orleans Police Department, Department of Property Management, New Orleans Recreation Department, Department of Parks and Parkways, New Orleans Library, and New Orleans Museum of Art for multiple rebuilding projects. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,589 M.C.S. 8 2. CAL. NO. 27,507 - 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 Office of the Mayor, Office of Homeland Security, Urban Area Security grant. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,590 M.C.S. 3. CAL. NO. 27,508 - 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 Office of the Mayor, Office of Homeland Security, Urban Area Security grant. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,591 M.C.S. 9 4. CAL. NO. 27,509 - 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 Housing & Urban Development grant funds from Intergovernmental transfers to the Department of Miscellaneous, Division of Neighborhood 1, Emergency Shelter Grant. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,592 M.C.S. 5. CAL. NO. 27,510 - 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 Housing & Urban Development grant funds from Intergovernmental transfers to the Department of Miscellaneous, Division of Neighborhood 1, Emergency Shelter Grant. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,593 M.C.S. 10 6. CAL. NO. 27,511 - 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 Housing & Urban Development grant funds from Intergovernmental transfers to the Department of Miscellaneous, Division of Neighborhood 1, Home Investment Partnership. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,594 M.C.S. 7. CAL. NO. 27,512 - 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 Housing & Urban Development grant funds from Intergovernmental transfers to the Department of Miscellaneous, Division of Neighborhood 1, Home Investment Partnership. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,595 M.C.S. 11 8. CAL. NO. 27,513 - 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 Housing & Urban Development grant funds from Intergovernmental transfers to the Department of Miscellaneous, Division of Neighborhood 1, Housing Opportunities for Persons with Aids (HOPWA) grant. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,596 M.C.S. 9. CAL. NO. 27,514 - 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 Housing & Urban Development grant funds from Intergovernmental transfers to the Department of Miscellaneous, Division of Neighborhood 1, Housing Opportunities for Persons with Aids (HOPWA) grant. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,597 M.C.S. 12 10. CAL. NO. 27,515 - 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 State Grant Funds from Intergovernmental transfers to the Department of Miscellaneous, Division of Neighborhood 1, Parish Recovery Planning grant. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,598 M.C.S. 11. CAL. NO. 27,516 - 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 State Grant Funds from Intergovernmental transfers to the Department of Miscellaneous, Division of Neighborhood 1, Parish Recovery Planning grant. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,599 M.C.S. 13 12. CAL. NO. 27,519 - 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 transfer funds the Chief Administrative Office to the Department of Police for summer overtime. Annotation: (Budget Committee recommended approval) (Amendment – WITHDRAWN). ADOPTED. ORD. NO. 23,600 M.C.S. 13. CAL. NO. 27,523 - 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 an increase in State Grant funds from Intergovernmental Transfers to the Department of Health, for the Primary Care Access and Stabilization Program. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,601 M.C.S. 14 14. CAL. NO. 27,524 - 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 an increase in State Grant funds to the Department of Health, for the Primary Care Access & Stabilization Program. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,602 M.C.S. 15. CAL. NO. 27,525 - BY: COUNCILMEMBERS MIDURA AND HEAD Brief: An Ordinance to provide for the establishment of a Conditional Use to permit the sale of alcoholic beverages with meals in an existing standard restaurant in a B-1 Neighborhood Business District, on Square 1553, Lot A-2, in the Third Municipal District, bounded by Esplanade Avenue, Grand Route St. John, Ponce de Leon and N. Lopez Streets (Municipal Address: 3125 Esplanade Avenue); and otherwise to provide with respect thereto. (ZONING DOCKET NO. 101/07) ADOPTED. ORD. NO. 23,603 M.C.S. 15 16. CAL. NO. 27,526 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON Brief: An Ordinance to amend Ordinance Number 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 funds from Fund Balance to the Office of District Attorney. Annotation: (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,604 M.C.S. 17. CAL. NO. 27,527 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON Brief: An Ordinance to amend Ordinance Number 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 funds from Fund Balance to the Office of District Attorney. Annotation: (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,605 M.C.S. 18. CAL. NO. 27,532 – BY: COUNCILMEMBER FIELKOW Brief: An Ordinance to amend Ordinance Number 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 transfer funds within the budget of the Council. Annotation: (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,607 M.C.S. 16 19. CAL. NO. 27,535 - 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 Chief Administrative Office, Office of Emergency Preparedness, Metropolitan Medical Response System. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,609 M.C.S. 20. CAL. NO. 27,536 - 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 Chief Administrative Office, Office of Emergency Preparedness, Metropolitan Medical Response System. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,610 M.C.S. 17 21. CAL. NO. 27,537 - 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 State Grant Funds from Intergovernmental transfers to the Chief Administrative Office, Office of Emergency Preparedness for GOHSEP Grant. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,611 M.C.S. 22. CAL. NO. 27,538 - 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 State Grant Funds from Intergovernmental transfers to the Chief Administrative Office, Office of Emergency Preparedness for GOHSEP grant. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,612 M.C.S. 18 23. CAL. NO. 27,539 - 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 for Homeless Prevention & rapid Re-Housing Program through American Recovery and Reinvestment Act. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,613 M.C.S. 24. CAL. NO. 27,540 - 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 for Homeless Prevention & rapid Re-Housing Program through American Recovery and Reinvestment Act. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,614 M.C.S. 19 25. CAL. NO. 27,541 - 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 for Community Development Block Grant Recovery program. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,615 M.C.S. 26. CAL. NO. 27,542 - 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 for Community Development Block Grant Recovery program. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,616 M.C.S. 20 27. CAL. NO. 27,543 - 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 State Grant funds from Intergovernmental Transfers to the Department of Health, Emergency Medical Services for the HHS Hospital Preparedness Grant (formerly Bio Terrorism Preparedness Program). Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,617 M.C.S. 28. CAL. NO. 27,544 - 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 State Grant funds from Intergovernmental Transfers to the Department of Health, Emergency Medical Services for the HHS Hospital Preparedness Grant (formerly Bio Terrorism Preparedness Program). Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,618 M.C.S. 21 29. CAL. NO. 27,545 – 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 grant funds from Intergovernmental Transfers to the Department of Police, Law Enforcement Technology. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,619 M.C.S. 30. CAL. NO. 27,546 – 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 grant funds to the Department of Police, Law Enforcement Technology. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,620 M.C.S. 22 31. CAL. NO. 27,547 - 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 Health, for the Healthcare for the Homeless Program. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,621 M.C.S. 32. CAL. NO. 27,548 - 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 Health, for the Healthcare for the Homeless Program. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,622 M.C.S. 23 33. CAL. NO. 27,558 - 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 transfer Bond funds from the Department of Property Management to the Chief Administrative Office for the Energy Management Project. Annotation: (Fiscal Note received). (Budget Committee recommended approval). ADOPTED. ORD. NO. 23,624 M.C.S. C. RESOLUTION 1. NO. R-09-317 – BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON Brief: Approving the completed Louisiana Compliance Questionnaire prepared by the Department Finance as part of the 2008 annual audit. ADOPTED. 24 D. COMMUNICATIONS 1. FROM VERONICA WHITE, DIRECTOR DEPARTMENT OF SANITATION Brief: Submitting a copy of the May 2009 monthly documents from Richard’s Disposal, Inc., as required by Ordinance No. 23,378. Annotation: RECEIVED. 2. FROM KEMP JOHNSON Brief: Requesting to appeal the Historic District Landmarks Commission’s decision of “denial” of the retention of the surface mounted vinyl windows, with reduced openings at the side elevations for property located at 3040 Marias Street. Annotation: RECEIVED. (Hearing Date set for 7/23/09). 3. FROM CHRISTOPHER B. EDWARDS, ATTORNEY AT LAW, REPRESENTING KERMIT MARONGE Brief: Requesting to appeal the Historic District Landmarks Commission’s decision of “denial” of the retention of metal shutters at the single story portion of the building, a total of ten (10) windows at the front and side elevations for property located at 216 Olivier Street. Annotation: RECEIVED. (Hearing Date set for 7/23/09). 25 4. FROM LURA C. DIXON Brief: Requesting to appeal the Neighborhood Conservation District Committee’s decision of “denial” of the demolition of property located at 5418 General Diaz Street. Annotation: RECEIVED. (Hearing Date set for 7/23/09). 5. FROM TRACIE L. BOUTTE, VICE PRESIDENT, REGULATORY AND GOVERNMENTAL AFFAIRS, ENTERGY NEW ORLEANS, INC. Brief: In accordance with Paragraph B of Schedule FAC-4 (Fuel Adjustment Clause) implemented pursuant to Council Resolution R-09-136, submitting notification that the Company’s preliminary calculation of the July 2009 Fuel Adjustment Clause (“FAC”) factor is $0.039997/kWh which would be greater than twenty-five percent (25%) increase over the actual June 2009 FAC factor of $0.014098/kWh. Annotation: RECEIVED. 26 6. FROM VERONICA WHITE, DIRECTOR DEPARTMENT OF SANITATION Brief: Submitting a copy of the May 2009 monthly documents from Metro Disposal, Inc., as required by Ordinance No. 23,378. Annotation: RECEIVED. 7. FROM TRACIE L. BOUTTE, VICE PRESIDENT, REGULATORY AND GOVERNMENTAL AFFAIRS, ENTERGY NEW ORLEANS, INC. Brief: Informing the Council that the ELL FAC is $0.0318/k Wh, and the EGSL FAC is $0.03402/kWh, Pursuant to Rate Schedule FAC-4, Approved by Council Resolution R-09136, Requiring Notification of a 25% or Greater Increase in the Monthly Electric Fuel Adjustment. The final calculation of the July 2009 ENO FAC is $0.040022/kWh. Annotation: RECEIVED. MOTION TO ADOPT CONSENT CALENDAR AND REFER OTHER MATTERS TO THE PROPER AGENCY. YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE CONSENT CALENDAR WAS ADOPTED. 27 A. EXECUTIVE SESSION 1) PENDING LITIGATION: CASE #09-2279, “D”, CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS, CASE #2009C-0389, 4TH CIRCUIT COURT OF APPEAL, CASE #09-1067, LOUISIANA SUPREME COURT, CITY COUNCIL VERSUS TRACIE WASHINGTON, TIONNE SIMON AND THE LOUISIANA JUSTICE INSTITUTE; AND 2) PENDING LITIGATION: CASE #09-4050, CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS, CITY COUNCIL VERSUS PENYA MOSES-FIELDS. SESSION HELD. 28 REGULAR AGENDA A. REPORTS 1. BILL CHRISMAN, DIRECTOR OF CAPITAL PROJECTS Brief: Updating the Council on the status of blight at CutOff Playground and Center in Algiers. Annotation: APPEARED. (Cn. Carter). LEGISLATIVE GROUPING 2. OF THE EXECUTIVE DIRECTOR OF THE CITY PLANNING COMMISSION Brief: Property Acquisition 1/09 For Information Purposes Only: – City of New Orleans Acquisition of 935 Gravier Street, 919 Gravier Street and 218 O’Keefe Avenue in Square 265, 1st Municipal District. The area is generally bounded by Gravier Street, O’Keefe Avenue, Common and Baronne Streets (see attachment). In accordance with Section 6-302 subsection 3 of the City Charter, the City Planning Commission has been requested to consider the property acquisition of the aforementioned properties for use as a public facility for a new City Hall. The City would like to relocate the governmental agencies currently in City Hall and the other public offices renting space at 1340 Poydras Street (Amoco Building) to the newer Chevron properties located on Gravier Street and O’Keefe Avenue. Annotation: (Cn. Head, Cn. Deadline 7/2/09). (Report received at today’s meeting on the Consent Agenda). RECEIVED. 29 3. BRENDA HATFIELD, CHIEF ADMINISTRATIVE OFFICER, CYNTHIA SYLVAIN-LEAR, DEPUTY CHIEF ADMINISTRATIVE OFFICER AND JULIE SCHWAM-HARRIS, DIRECTOR OF INTERGOVERNMENTAL RELATIONS Brief: Answering the questions posed in Motion M-09-290 regarding the Chevron Building. Annotation: APPEARED. (Cn. Clarkson). a. ORDINANCES ON FINAL PASSAGE 1. CAL. NO. 27,552 - BY: COUNCILMEMBERS HEDGE-MORRELL 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 transfer funds from fund 051 Chief Administrative Office, Department of Property Management and fund 701 Infrastructure funds to Fund 051 the Department of Property Management for the purchase of 935/919 Gravier Street New Orleans, LA 70112. Annotation: Amendment. (Fiscal Note received). CONTINUED TO THE MEETING OF 7/23/09. 30 2. CAL. NO. 27,563 - BY: COUNCILMEMBERS HEDGE-MORRELL AND CLARKSON (BY REQUEST) Brief: An Ordinance to provide for the acquisition of immovable properties situated in Orleans Parish within Square 265 in the First Municipal District and designated, more particularly herein, as TRACT I CHEVRON BUILDING, 935 GRAVIER STREET; TRACT II - 218 O’KEEFE AVENUE; and TRACT III - 919 GRAVIER STREET, upon a finding by the City Council of a need of the properties for public purposes and authorizing the Bureau of Purchasing, Department of Finance, to proceed with the acquisition of the property amicably; and otherwise to provide with respect thereto. Annotation: CONTINUED TO THE MEETING OF 7/23/09. 31 B. SPECIAL REPORT C. GENERAL REPORT 1. COUNCIL DISTRICT “E” Brief: Giving a district report to the full Council. Annotation: APPEARED. 32 D. LEGISLATIVE GROUPING - TAX ABATEMENT HEARING 1. OF THE MAYOR’S OFFICE/DIVISION OF ECONOMIC DEVELOPMENT Brief: Recommending approval of the Restoration Tax Abatement request for: a. RTA #061674 - 2517 Palmyra Street – (Cn. Head). b. RTA #061676 – 2321-23 Gravier Street – (Cn. Head). c. RTA #061686 - 2120 Canal Street – (Cn. Head). d. RTA #061687 - 323 S. Murat Street – (Cn. Head). e. RTA #061958 – 2634 Cleveland Avenue – (Cn. Head). f. RTA #061959 – 3501-03 Cleveland Avenue – (Cn. Head). g. RTA #061960 - 326 S. Dorgenois Street – (Cn. Head). h. RTA #061961 – 436-38 S. Galvez Street – (Cn. Head). i. RTA #061968 – 2821-23 Banks Street – (Cn. Head). j. RTA #061970 – 2514 Cleveland Avenue – (Cn. Head). Annotation: (Report received at the meeting of 6/18/09.) CONTINUED TO THE MEETING OF 7/23/09. 33 a. RESOLUTIONS 1. NO. R-09-307 – BY: COUNCILMEMBER HEAD Brief: Approving the participation of municipal address 2517 Palmyra Street owned by NORA Group, LLC, in the Property Tax Abatement Program. (RTA #061674) CONTINUED TO THE MEETING OF 7/23/09. 2. NO. R-09-308 – BY: COUNCILMEMBER HEAD Brief: Approving the participation of municipal address 232123 Gravier Street owned by NORA Group, LLC, in the Property Tax Abatement Program. (RTA #061676) CONTINUED TO THE MEETING OF 7/23/09. 3. NO. R-09-309 – BY: COUNCILMEMBER HEAD Brief: Approving the participation of municipal address 2120 Canal Street owned by NORA Group, LLC, in the Property Tax Abatement Program. (RTA #061686) CONTINUED TO THE MEETING OF 7/23/09. 4. NO. R-09-310 – BY: COUNCILMEMBER HEAD Brief: Approving the participation of municipal address 323 S. Murat Street owned by NORA Group, LLC, in the Property Tax Abatement Program. (RTA #061687) CONTINUED TO THE MEETING OF 7/23/09. 34 5. NO. R-09-311 – BY: COUNCILMEMBER HEAD Brief: Approving the participation of municipal address 2634 Cleveland Avenue owned by NORA Group, LLC, in the Property Tax Abatement Program. (RTA #061958) CONTINUED TO THE MEETING OF 7/23/09. 6. NO. R-09-312 – BY: COUNCILMEMBER HEAD Brief: Approving the participation of municipal address 350103 Cleveland Avenue owned by NORA Group, LLC, in the Property Tax Abatement Program. (RTA #061959) CONTINUED TO THE MEETING OF 7/23/09. 7. NO. R-09-313 – BY: COUNCILMEMBER HEAD Brief: Approving the participation of municipal address 326 S. Dorgenois Street owned by NORA Group, LLC, in the Property Tax Abatement Program. (RTA #061960) CONTINUED TO THE MEETING OF 7/23/09. 8. NO. R-09-314 – BY: COUNCILMEMBER HEAD Brief: Approving the participation of municipal address 43638 S. Galvez Street owned by NORA Group, LLC, in the Property Tax Abatement Program. (RTA #061961) CONTINUED TO THE MEETING OF 7/23/09. 35 9. NO. R-09-315 – BY: COUNCILMEMBER HEAD Brief: Approving the participation of municipal address 282123 Banks Street owned by NORA Group, LLC, in the Property Tax Abatement Program. (RTA #061968) CONTINUED TO THE MEETING OF 7/23/09. 10. NO. R-09-316 – BY: COUNCILMEMBER HEAD Brief: Approving the participation of municipal address 2514 Cleveland Avenue owned by NORA Group, LLC, in the Property Tax Abatement Program. (RTA #061970) CONTINUED TO THE MEETING OF 7/23/09. 36 ALL LAND USE MATTERS ARE SCHEDULED TO COMMENCE AT 11:00 A.M. OR THEREAFTER E. HISTORIC DISTRICT LANDMARKS COMMISSION APPEALS 1. OF KENNETH E. VINSON, JR. Brief: Requesting to appeal the Historic District Landmarks Commission’s decision of “denial” for the demolition of property located at 3145 Urquhart Street. Annotation: (Cn. Carter, Cn. Deadline 7/16/09). APPROVED. SEE MOTION NO. M-09-330. 2. OF PETER REYNAUD Brief: Requesting to appeal the Historic District Landmarks Commission’s decision of “denial” to allow the removal of the rooftop chimney remnants for property located at 2429 Dauphine Street. Annotation: (Cn. Carter, Cn. Deadline 8/1/09). (Received letter from applicant requesting withdrawal). WITHDRAWN. 3. OF JOHN D. LAMBERT, JR., LAMBERT AND LAMBERT, REPRESENTING FINANCIAL PLANNING CENTER, LLC Brief: Requesting to appeal the nomination of 2475 Canal Street for historic consideration by the Historic District Landmarks Commission. Annotation: (Cn. Head, Cn. Deadline 7/31/09). CONTINUED TO THE MEETING 7/23/09. 37 F. VIEUX CARRE’ COMMISSION APPEALS 1. 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) CONTINUED TO THE MEETING 7/23/09. 2. 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) CONTINUED TO THE MEETING 7/23/09. 3. 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) CONTINUED TO THE MEETING 7/23/09. 38 G. ZONING PETITIONS 1. ZONING DOCKET NO. 23/09 – LISAN SHELL, L.L.C. Brief: Requesting a Conditional Use and Moratorium Appeal to permit the redevelopment of a gasoline service station with the sale of packaged alcoholic beverages for consumption off premises in a C-1 General Commercial District and within the Inner-City Urban Corridor District Overlay, on Square 398, Lots 15-A and 17-A, in the Fourth Municipal District, bounded by South Claiborne and Jackson Avenues, Josephine and Willow Streets (Municipal Addresses: 2124 through 2150 South Claiborne Avenue). The recommendation of the City Planning Commission being “FOR APPROVAL”, subject to eighteen (18) provisos. Annotation: ON DEADLINE. (Cn. Head, Cn. Deadline 7/7/09). APPROVED. SEE MOTION NO. M-09-331. 2. ZONING DOCKET NO. 28/09 – PTC FAMILY INVESTMENTS, L.L.C. Brief: Requesting a Zoning Change from an RD-3 Two-Family Residential District to a B-1A Neighborhood Business District, on Square 239, Lot B or 2, in the Sixth Municipal District, bounded by Magazine, Camp, Robert and Soniat Streets (Municipal Addresses: 5025-5027 Magazine Street). The recommendation of the City Planning Commission being “FOR DENIAL”. Annotation: ON DEADLINE.(Cn. Head, Cn. Deadline 7/21/09). APPROVED. SEE MOTION NO. M-09-332. 39 3. ZONING DOCKET NO. 36/09 – PARK SOUTH, L.L.C., SELF PARK, INC., THOMAS GIGLIOTTI, JR. AND CAPRETTO REAL ESTATE, L.L.C. Brief: Requesting a Conditional Use to permit a parking lot with the restoration of a non-conforming outdoor general advertising sign in a CBD-2 Central Business District, on Square 158, Lots 7 or 9, 5 or 10, 1 or 11, 7, 8, 1, A, C, B, 2, 5 or 1, 4 or 2, 3, 6 or 1, A 19, 4 or 17, B 18, 8 or 16, and 1 or 9 or 12, in the Second Municipal District, bounded by Canal, Iberville, Marais and North Villere Streets (Municipal Addresses: 1515-1539 Canal Street, 1500-1532 Iberville Street, 125-129 Marais Street and 118-120 North Villere Street. The recommendation of the City Planning Commission being “FOR DENIAL”. Annotation: (Cn. Carter, Cn. Deadline 8/4/09). CONTINUED TO THE MEETING 7/23/09. 4. ZONING DOCKET NO. 39/09 – TARA, L.L.C. Brief: Requesting a Zoning Change from a B-2 Neighborhood Business District to a C-2 General Commercial District, on Square 82, Lots A-1, B-1, and B-2 or Lots 30 Pts. 40/52, Pt. Orig. A, Pts. 24/29, Pt. 32, Pt. 40, 33/39, Pts. 31/32 and Orig. B, in the Fifth Municipal District, bounded by West Bank Expressway, Behrman Avenue and Donner Drive (Municipal Addresses: 1 through 5 Westbank Expressway). The recommendation of the City Planning Commission being “FOR DENIAL”. Annotation: (Cn. Carter, Cn. Deadline 8/18/09). CONTINUED TO THE MEETING 7/23/09. 40 H. LEGISLATIVE GROUPING – SUBDIVISION APPEAL 1. OF BRENDA JACKSON, PRESIDENT, LAKE CARMEL SUBDIVISION/HOMEOWNERS ASSOCIATION Brief: Requesting to appeal the decision of the City Planning Commission approving the Subdivision of property owned by Old Morrison Partners, LP & VOB Development, LLC Old Morrison Homes. (Subdivision Docket #29/09). Annotation: ON DEADLINE. (Cn. Willard-Lewis, Cn. Deadline 7/27/09). CONTINUED TO THE MEETING 7/23/09. a. REPORT OF THE EXECUTIVE DIRECTOR OF THE CITY PLANNING COMMISSION Brief: Recommending “Approval” of the request by VOB DEVELOPMENT LLC AND OLD MORRISON PARTNERS LP for a resubdivision of Lot E-2A, LaKratt Tract, Section 27, into Square 1, Lots 1 through 22 and Square 2, Lots 1 through 16, in the Third Municipal District, bounded by Morrison Road, Jahncke Canal, Gannon Canal and North Lake Carmel Drive, subject to two (2) waivers and nine (9)provisos. (SD #29/09). Annotation: (Received at today’s meeting on the Consent Agenda). CONTINUED TO THE MEETING 7/23/09. 41 I. ORDINANCES ON FINAL PASSAGE 1. CAL. NO. 27,360 - BY: COUNCILMEMBERS CLARKSON, FIELKOW, MIDURA, HEAD, CARTER, HEDGE-MORRELL AND WILLARD-LEWIS Brief: An Ordinance to amend Ordinance Number 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 adjust the estimate for Other Financing Sources. (Referred to the Budget Committee). Annotation: (Should be Acted Upon, Withdrawn or Continued Indefinitely). ADOPTED. ORD. NO. 23,588 M.C.S. 2. CAL. NO. 27,502 – BY: CLARKSON COUNCILMEMBERS FIELKOW AND Brief: An Ordinance to amend Chapter 70 Article IV Division 1 of the code of the City of New Orleans and to add Section 417.1 Stipulation to include as standard in language listed in contracts; requiring the submission of a sworn affidavit listing all persons with an ownership interest in a contract and all persons natural or artificial retained by the contractor as a subcontractor in connection with the contract; providing that the listing shall be a public record; to provide for suspension of payments of invoices for contracts not in compliance with this section and to otherwise provide with respect thereto. CONTINUED TO THE MEETING 8/6/09. 42 3. CAL. NO. 27,517 - 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 State Grant Funds from Intergovernmental transfers to the Office of Mayor, Division of Economic Development, Renewal Community grant. Annotation: (Fiscal Note received). (Budget Committee requested withdrawal). WITHDRAWN. 4. CAL. NO. 27,518 - 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 State Grant Funds from Intergovernmental transfers to the Office of Mayor, Division of Economic Development, Renewal Community grant. Annotation: (Fiscal Note received). (Budget Committee requested withdrawal). WITHDRAWN. 43 5. CAL. NO. 27,531 – BY: REQUEST) COUNCILMEMBER CARTER (BY Brief: An Ordinance to authorize the Mayor to sign an Act of dedication and Acceptance of Omar Khan Drive within the limits of a subdivision in the Fifth Municipal District of the City of New Orleans known as Algiers River Estates, all as delineated on a plan by SZS Consultants, Inc., dated May 5, 2005, revised April 23, 2007. ADOPTED. 6. ORD. NO. 23,606 M.C.S. CAL. NO. 27,533 – BY: REQUEST) COUNCILMEMBER CARTER (BY Brief: An Ordinance to temporarily waive certain fees and requirements and permit street closure within and around the 300 block of Chartres Street, in conjunction with the New Orleans South Africa Connection (NOSACONN) “Jazz Fest Kickoff Party” on Thursday, April 23, 2009; to specify the duration and boundaries of said waiver; and to provide otherwise with respect thereto. ADOPTED. ORD. NO. 23,608 M.C.S. 44 7. CAL. NO. 27,549 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD, CLARKSON AND CARTER (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 transfer Capital Improvements and Infrastructure funds from Fund 701 to the Department of Parks and Parkways for Armstrong Park Phase 3 Improvements. Annotation: (Fiscal Note received). (Budget Committee recommended approval). CONTINUED TO THE MEETING OF 7/23/09. 8. CAL. NO. 27,550 - BY: COUNCILMEMBER HEAD Brief: An Ordinance to amend and reordain Article II of Chapter 66 of the Code of the City of New Orleans to add definitions thereto, to add new sections thereto, designated as Sections 66-75, 66-76, and 66-77, to establish spacing restrictions relative to the sale of tobacco products; and to provide otherwise with respect thereto. Referred to the Housing/Human Needs Committee. CONTINUED TO THE MEETING OF 4/23/09. 45 9. CAL. NO. 27,551 - BY: COUNCILMEMBER HEAD Brief: An Ordinance to temporarily waive certain fees, permit fees, and requirements within and around Lafayette Square, the 550 block of St. Charles Avenue between S. Maestri and N. Maestri Place, in conjunction with the Second Harvest Food Bank of Greater New Orleans and Acadiana’s “Harvest the Music,” sponsored and sanctioned by the Second Harvest Food Bank of Greater New Orleans and Acadiana, a non-profit organization, to specify the duration and boundaries of said waiver; and to provide otherwise with respect thereto. ADOPTED. 10. ORD. NO. 23,623 M.C.S. CAL. NO. 27,564 - BY: COUNCILMEMBER WILLARD-LEWIS Brief: An Ordinance to extension the effectiveness of Ordinance No. 23,166 M.C.S., for a first 180 days from July 22, 2009 to January 17, 2010 that establish a temporary moratorium on the issuance of permits relative to the establishment of bars, cocktail lounges, package liquor stores, grocery stores, or restaurants and the issuance or renewal of alcoholic beverage permits to persons who do not both hold a current valid alcoholic beverage permit and are engaged in the commercial sale of alcoholic beverages at the permitted premises on the effective date of this ordinance; to provide that the moratorium shall apply to persons seeking the issuance or renewal of alcoholic beverage permits for premises in the Lower Ninth Ward within Councilmanic District E in the area bounded by Industrial Canal to the St. Bernard Parish Line and from the Mississippi River to Florida Avenue; and otherwise to provide with respect thereto. ADOPTED, AS AMENDED. ORD. NO. 23,625 M.C.S. 46 J. UNFINISHED BUSINESS K. NEW BUSINESS L. MOTIONS/RESOLUTIONS (LYING OVER) 1. NO. R-09-286 – BY: COUNCILMEMBER CLARKSON Brief: Stating that the Council shall take action on the Master Plan with the Force of Law within 45 days as is required by the Home Rule Charter. WITHDRAWN. 2. NO. M-09-291 – BY: CLARKSON COUNCILMEMBERS FIELKOW AND Brief: In accordance with Section 3-107(2) of the Home Rule Charter of the City of New Orleans, amending Rule 39 of the Rules and Regulations of the City Council (Standing Committees). CONTINUED TO THE MEETING OF 7/23/09. 47 M. MOTIONS/RESOLUTIONS 1. NO. R-09-305 – BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON Brief: Requesting that the Chief Administrative Officer review the take home vehicle policy relative to the assignment of vehicles to these inspectors, and give consideration to permitting an exemption for vehicles assigned to the Department of Safety and Permits inspectors and the ORDA Code Enforcement inspectors which would allow these to be considered authorized take home vehicles; and requesting that the Chief Administrative Officer report her findings to the Budget Committee meeting at its next meeting. ADOPTED. 2. NO. R-09-306 – BY: COUNCILMEMBERS CLARKSON, FIELKOW, MIDURA, HEAD, CARTER, HEDGE-MORRELL AND WILLARD-LEWIS Brief: Recognizing Senator Barbara Boxer for her clearsighted stand on Option 2A and adding the Council’s continued thanks and support to Senator Landrieu for her ongoing efforts and asking that she and Senator Boxer continue to pursue Option 2A, as supported jointly by the City Administrations and the City Councils of both Orleans and Jefferson Parishes. ADOPTED. 3. NO. M-09-318 – BY: COUNCILMEMBER CARTER Brief: Directing the City Planning Commission to conduct a public hearing to consider a map change from an LILight Industrial District to an RD-3 Residential District for properties located within squares 55, 54, 75, 100, 111, 131, 142, 163, 174 and 195 in the Fifth Municipal District, bounded by Thayer, Le Boeuf and Lamarque and Pelican Streets. ADOPTED. 48 4. NO. M-09-319 – BY: COUNCILMEMBER CARTER Brief: Directing the City Planning Commission to conduct a public hearing to consider an amendment to Ordinance No. 21,751 M.C.S. (Zoning Docket 49/04 – A Conditional Use to permit the renovation of an existing building into a senior citizen center, in an RM-2 Multiple Family Residential District) to revise provisos, including, but not limited to, provisos that address parking, hours, and garbage disposal. ADOPTED. 5. NO. M-09-320 – BY: COUNCILMEMBERS FIELKOW, CLARKSON, MIDURA, HEAD, CARTER, HEDGE-MORRELL AND WILLARD-LEWIS Brief: Approving the conflicts waiver requested by Herman, Herman, Katz & Cotlar relative to its representation of plaintiffs in Doretha Z. Walker, William Rau, Gerson Realty Company, Inc., ZOR, Inc. John J. Shuh, Jr., Bertha L. Pailet, Robert J. Bisso, Clarence J. Ancar, III, John Monteiro, Nerhus Realty Company, Inc., and Shirley Bolds Jones, et al vs. AMID/Metro Partnership, L.L.C.; City of New Orleans; Durr Heavy Construction, L.L.C.; Metro Disposal, Inc.; AMID Landfill, L.L.C.; Metroplexcore, Inc.; MWH Americas, Inc.; and the Gray Insurance Company. CONTINUED TO THE MEETING OF 7/23/09. 6. NO. R-09-321 – BY: COUNCILMEMBER CARTER Brief: A RESOLUTION IN SUPPORT OF AN APPLICATION TO THE STATE OF LOUISIANA TO AMEND THE BOUNDARIES OF THE “OLD ALGIERS CULTURAL DISTRICT” AND THE FEDERAL CITY CULTURAL PRODUCTS DISTRICT” ADOPTED. 49 7. NO. R-09-323 – BY: COUNCILMEMBER HEAD Brief: 1. Supporting and endorsing the submission of an application to the Louisiana Department of Culture, Recreation and Tourism, Office of Cultural Development to designate the “Irish Channel Cultural District” as a state-certified Cultural District within the boundaries as set forth within this resolution; and 2. Supporting the creation, administration, and promotion of the “Irish Channel Cultural District,” once established as a state-certified Cultural District, by the Office of Recovery and Development Administration and its duly authorized district liaison, HRI and the Irish Channel Neighborhood Association; and 3. Strongly encouraging all City employees to support and cooperate with efforts to compile all necessary information and data required for the application and all subsequent reporting necessary for the administration of the Cultural District; and 4. Requesting all affected citizens and businesses to support and promote activities consistent with the purposes of the “Irish Channel Cultural District.” ADOPTED. 8. NO. R-09-324 – BY: AND WILLARD-LEWIS COUNCILMEMBERS CLARKSON, CARTER Brief: Supporting Recovery School District in exploring any and all means available to maintain this educational and cultural landmark of O. Perry Walker as a fully operational High School and Community Center. ADOPTED. 50 9. NO. R-09-325 – BY: COUNCILMEMBER FIELKOW Brief: Applauding Tulane University for the forthcoming opening of its new Disaster Management Leadership Academy and greatly anticipating a strong group of graduates who will be able to lead the City in the case of a natural or manmade disaster. CONTINUED TO THE MEETING OF 7/23/09. 10. NO. R-09-326 – BY: CLARKSON COUNCILMEMBERS FIELKOW AND Brief: Strongly urging the U.S. Army Corps of Engineers to take whatever steps necessary to ensure that it meets the June, 2011 deadline to provide a quality system of protection for a 100-year storm and requesting: 1) that top Corps officials attend the City Council meeting of August 6, 2009 as a Special Order of Business to testify as to the status of 100-year storm protection and the June 2011 deadline; and 2) quarterly written progress reports from the Corps so as to keep publicly stated timelines consistent with internal schedules. ADOPTED, AS AMENDED. 51 11. NO. R-09-327 – BY: COUNCILMEMBERS CLARKSON AND WILLARD-LEWIS (BY REQUEST) Brief: A RESOLUTION authorizing a financial guaranty insurance policy in connection with not exceeding Twenty-Seven Million Dollars ($27,000,000) of Sewerage Service Refunding Bonds, Series 2009, under certain conditions; approving certain covenants required by Assured Guaranty Corp. in its Commitment to Issue Financial Guaranty Insurance Policy in connection with not exceeding Twenty-Seven Million Dollars ($27,000,000) of Sewerage Service Refunding Bonds, Series 2009. ADOPTED. 12. NO. M-09-328 – BY: REQUEST) COUNCILMEMBER HEDGE-MORRELL (BY Brief: Declaring that the need for plumbing and general construction repairs on the listed NORD facilities is a certified public emergency pursuant to Section 70428 of the Code of the City of New Orleans and Louisiana Revised Statute 38:2212D and authorizing the City to obtain bids without formal, public advertising and thereafter contract the public work needed to abate and correct the public emergency pursuant to Section 70-428 of the Code of the City of New Orleans. ADOPTED. 52 13. NO. M-09-329 – BY: COUNCILMEMBER CARTER Brief: Directing Property Management to replace the air conditioning at the Cut-Off Gym under emergency procedures. ADOPTED. N. ORDINANCES ON FIRST READING CALENDAR NUMBERS 27,566 THRU 27,579 INTRODUCED AND LAID OVER AS REQUIRED BY LAW. G:\DoCS\CECIL\COUNCIL\CompAgd\2009\July 2.doc 53