OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 The Mayor and City Council of the City of Gretna met this day on Wednesday, June 11, 2008 at 5:30 p.m., in regular session with the following members present: Mayor Ronnie C. Harris; Council Members: Raylyn R. Beevers, Jonathan C. Bolar, Belinda C. Constant, Vincent E. Cox III and Wayne A. Rau. Absent: None Notice of the meeting of the Mayor and City Council of the City of Gretna, scheduled for Wednesday, June 11, 2008 was published in the Thursday, June 5, 2008 edition of the Gretna TimesPicayune and posted on the Gretna City Hall bulletin board. Rev. Leo DeJesus, Pastor of Gretna Presbyterian Church offered a prayer after the roll call and thereafter the Pledge of Allegiance of the United States of America was recited. On motion by Councilman Rau and seconded by Councilman Beevers, IT WAS RESOLVED to approve the May 5, 2008 Special Meeting minutes; the May 14, 2008 Regular Meeting minutes and the May 27, 2008 Special Meeting minutes, and the same were unanimously approved. On motion by Councilman Rau and seconded by Councilman Bolar, IT WAS RESOLVED to amend the June 11, 2008 meeting agenda to add a Bid for the repair of Precipitator #2 Flocculator Machinery at the Gretna Water Purification Plant; a resolution authorizing Mayor Ronnie C. Harris to enter into a lease agreement on behalf of the City of Gretna with Roymar, LP for the premises located at 711 Second Street for a period of two-years to be used for the purpose of temporarily housing the Police Department Clerk of Court Office; a resolution authorizing Mayor Ronnie C. Harris to execute for and on behalf of the City of Gretna a Maintenance Agreement (including mowing and litter pickup) for grass cutting of State right-of-ways within the City of Gretna with the State of Louisiana Department of Transportation and Development (LADOTD), Office of Engineering, for the Fiscal Year beginning July 1, 2008 and ending June 30, 2009; a resolution authorizing and directing Mayor Ronnie C. Harris to accept for and on behalf of the City of Gretna, Louisiana, from Roof Technologies, Inc., (Contractor) the completion of a contract for the Renovations to the Old U. S. Post Office Project; a resolution declaring the City of Gretna’s intention to allow Timberlane to become a limited access neighborhood by means of gates and/or street closures upon annexation of Timberlane into the City of Gretna and compliance with all requirements set forth in the City of Gretna’s current ordinance regarding gates and limited access neighborhoods; an ordinance enforcing properly recorded neighborhood subdivision restrictions and to add an Executive Session meeting, and the same were unanimously approved. Traffic Calming Devices - Burk-Kleinpeter, Inc. Councilwoman Constant stated that she discussed this matter with Mr. Mike Chopin, City Engineer and he suggested doing a site visit to the City of Covington or to the City of Lafayette. She requested deferring the presentation until next month’s meeting. Mr. Mike Chopin stated that he recommended before addressing the City Council with a presentation on the Traffic Calming Devices, that it would be advisable to see how these devices have been implemented. In addition, to see what the feedback on them had been, and what criteria had been used by those cities to make a determination for the implementation prior to making any recommendation to the Council. On motion by Councilwoman Constant and seconded by Councilwoman Beevers, and unanimously approved IT WAS RESOLVED to defer the presentation for Traffic Calming Devices by Burk-Kleinpeter, Inc. until next month’s meeting. Page 1 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 Historic District Advisory Committee items considered: Miss Danika Gorrondona, Building Official reported that the Historic District Advisory Committee met on June 2, 2008 at 3:00 p.m., and the following historic district applications were considered: 108 Hamilton Street for replacement of windows, HDAC recommended favorable approval with modifications; 838 Lafayette Street for replacing the front door with picture windows and 2bedroom windows, HDAC recommended favorable approval with modifications; 309 Hamilton Street for demolition, HDAC recommended denial for demolition of the structure and 1008 8th Street for replacement of windows, HDAC recommended favorable approval with modifications. On motion by Councilwoman Constant and seconded by Councilman Cox, IT WAS RESOLVED to accept the Historic District Advisory Committee’s favorable recommendations and grant a permit to the applicants of 108 Hamilton Street for replacement of windows; 838 Lafayette Street for replacing front door with picture windows and 2-bedroom windows, and 1008 8th Street for replacement of windows, and the same were unanimously approved. 309 Hamilton Street for demolition, HDAC recommended denial for demolition of the structure. Mr. Terry Day in representation of his father Robert Day, owner of the property located at 309 Hamilton Street addressed the Mayor and City Council. Mr. Day requested reconsideration by the Council for the demolition of the property at 309 Hamilton Street because the house was in very bad condition and believed they would not be able to rent it or do anything else with it. The house had no historical value in the condition it was. Mayor Harris stated to Mr. Day that the Historic District Advisory Committee reviewed this request and they have indicated that they wanted to deny the demolition request. In addition, he asked Mr. Day if he had any new advise or comments he would like to make to the Council. Mr. Day stated that he understood the committee’s position to keep the house in the historical district because they believed the house was historical. The house was in desperate needs of repairs, and they were not in a position to do those repairs because it would cost $100,000 to renovate. He believed that the house would just sit there and worsen, by demolishing it would be better for the neighborhood. Eventually something new could be placed there that would suit the community and the neighborhood. Councilwoman Constant asked when did the tenants move out of the house. She stated that the house was a historic home and it was in the historic district. Mr. Day replied that the tenants were evicted this month. The tenants had intentions to buy the house but someone had the property reviewed and it was deemed too costly to repair. The house had a two-bedroom and part of the house in the rear was an addition. The bathroom on the side of the house was an addition also. Mrs. Virginia Gaudet, Historic District Advisory Committee member stated that the applicants had several pages of improvements and cost listed. The house had vinyl siding and it was not in bad condition and quoted “the interior walls and surface appeared to be in fair condition with wear and tear, cosmetic blemishes”. Based on some things written in the report, she believed that repairing the house would be the best way to go. The house was still habitable and if the house was still in the family this long, how did it get to this point. Mrs. Gaudet believed that the house was on the Sanborn Map in 1909 and it was a contributing element to the Historic District. Councilwoman Constant stated that her point with the structure was that she did not see any significant structural damage and many of the repairs needed was cosmetic repairs. Councilman Bolar stated that the city’s position was not teardown this structure, the owner wanted to teardown the structure and he did not see where the city could force the owner to renovate the house. He asked the owner to consider donating the house and have it moved. Mayor Harris pointed out that the city did have a provision of “demolition by neglect”. He informed Mr. Day that the city was trying to enforce the “zero tolerance” against blight because it wanted to preserve what it had and get rid of the stuff it absolutely does not want. The city was trying to maintain its flavor and historical character of the community and needed cooperation from the property owners. He suggested placing the house for sale. The city was grappling with the preservation of what it already had and was not willing to comply with property owners just because they wanted to teardown. Page 2 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 Councilwoman Constant stated to Mr. Day that she understood that renovation was not for everyone, but this house was in the historic district and had significant character. She believed that maybe by selling the house, they could use the money to get something more appropriate in accordance with their needs. At this time, there was no significant evidence at this time for her to move in favor of the demolition of this structure. On motion by Councilwoman Constant and seconded by Councilman Cox, IT WAS RESOLVED to accept the Historic District Advisory Committee’s unfavorable recommendations to deny a permit to the applicants of 309 Hamilton Street for demolition of the structure, and the same was unanimously approved. Mardi Gras Committee Miss Susan Percle, CAO addressed the Mayor and City Council stating that this report was not a committee report, it was solely in keeping with the city ordinance that stated that permit applications are to be made to the city and reviewed at the June Council meeting. Review of 2008 Carnival Season in the City of Gretna: This past carnival season (2008) the City of Gretna hosted and supported the Carnival Kick Off Parade of the Krewe of Alla (January 6), the parades of the Krewe of Chief Choctaw and the Mystic Knights of Adonis (January 26), the Krewe of Alla (January 27), along with the Jefferson Parish event of Family Gras (January 26-27), Pawdi Gras (February 2), Lundi Gras under the Gretna Market (February 4) and the Krewe of Grela* along with the Westbank Social and Sassy Katz Marching Clubs on Mardi Gras, February 5, 2008. These activities required over 3,500 overtime hours (3,519) of city employees equating to $105,001.94. Additionally, the city expended nearly $83,000 ($82,590.97) in ancillary costs and supplies (street sweeping, auxiliary security, hardware, lumber, equipment and materials rental, disposal costs, etc). Total costs directly attributable to the 2008 Carnival Season are $187,592.91. (The City does not track hours daily spent by employees in preparation for a carnival parade). Comparatively, the 2007 Carnival Season (Alla, Adonis, Lundi Gras, Mardi Gras) tallied 2,991.25 overtime hours costing $83,419.29. Support and miscellaneous functions and supplies equaled $56,998.02; total 2007 costs – $140,417.31. The “Westbank Carnival Season Committee” established by Jefferson Parish had been meeting to address joint parade routes and activities between the Parish and the City for the 2009 Carnival Season. It was anticipated that joint permits would be issued for the Krewes of Cleopatra, Chief Choctaw, Mystic Knights of Adonis and Alla to parade all on a standard Parish/City route. The Krewe of Grela and Bes have applied for parade permits on Mardi Gras-February 24, 2009. On motion by Councilman Cox and seconded by Councilwoman Constant, IT WAS RESOLVED to add and to issue a parade permit to the Krewe of Bes to parade in the City of Gretna on Mardi Gras Day, and the same was unanimously approved. Mayor Harris asked if there were any parades on probation last year. Miss Percle stated that the 2007 report stated that certain krewes had a number of problems. For the 2008 Mardi Gras season, the Mystic Knights of Adonis and Krewe of Choctaw were under the auspices of Jefferson Parish because they were inspected by Jefferson Parish and they began their parade route in the parish and if they met Jefferson Parish’s requirements, then they met the city’s parade requirements. On Mardi Gras Day, the Krewe of Grela had enough riders but they were short on bands. It had been discussed to change such requirements for Mardi Gras Day that allows them to be in compliance due to the shortage and availability of bands. Mayor Harris pointed out to the City Council to be mindful that since there would be a joint route between Orleans Parish, Jefferson Parish and the City of Gretna it would be assumed that the city would take Jefferson Parish’s lead as to the whether or not a parade qualifies for their minimum requirements. Councilman Cox stated that on any joint issue, the city would have to adhere to Jefferson Parish, which was the higher standard. He believed that if the city was to continue Mardi Gras Day in Gretna then it should give the Krewe of Bes an opportunity to parade in the city. Page 3 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 Councilwoman Constant concurred with Councilman Cox’s comments because Jefferson Parish had higher standards with regards to requirements. On motion by Councilwoman Constant and seconded by Councilwoman Beevers, IT WAS RESOLVED to issue a parade permit to the Krewe of Grela to parade in the City of Gretna on Mardi Gras Day on their separate route, and the same was unanimously approved. On motion by Councilwoman Constant and seconded by Councilwoman Beevers, IT WAS RESOLVED that krewes requesting to parade to be contingent upon Jefferson Parish issuing those parade permits through the Westbank Unified Route the city would then follow the lead of Jefferson Parish, and the same was unanimously approved. Bids were received for the following: Repair of Precipitator #2 Flocculator Machinery at the Gretna Water Purification Plant - Bid Opened on June 6, 2008. Bidder Amount of Alfred Conhagen, Inc. of LA Plaas Incorporated Volute, Inc. $169,850.00 $207,400.00 $244,438.00 On motion by Councilman Rau and seconded by Councilwoman Beevers, and on the recommendation of Mr. Michael Chopin, City Engineer, IT WAS RESOLVED to accept the low responsive bid from Alfred Conhagen, Inc. of LA in the total amount of $169,850.00 for repair of Precipitator #2 Flocculator Machinery at the Gretna Water Purification Plant by the following vote: Yeas: Council Members Beevers, Bolar, Constant, Cox and Rau Nays: None Absent: None On motion by Councilwoman Constant and seconded by Councilman Bolar, the following resolution was read and adopted as amended section by section and then as a whole by the following vote: Yeas: Council Members Beevers, Bolar, Constant, Cox and Rau Nays: None Absent: None RESOLUTION NO. 2008-059 A resolution as amended expressing the City of Gretna support of an application for the creation of the City of Gretna Downtown Cultural District. WHEREAS, Act 298 of the 2007 Regular Session of the Louisiana Legislature authorizes Local Governing Authorities to create Cultural Districts as a mechanism for community revitalization through the creation of hubs of cultural activity; and WHEREAS, the Louisiana Department of Culture, Recreation and Tourism, Office of Cultural Development is authorized to develop standard criteria for cultural districts and to determine whether or not a proposed Cultural District meets those criteria; and WHEREAS, the Louisiana Department of Culture, Recreation and Tourism, Office of Cultural Development has promulgated administrative rules which set forth the procedure for Local Governing Authorities to submit applications to designate and certify a specified geographic area as a Cultural District; and WHEREAS, the geographic area within the City of Gretna, Parish of Jefferson, may meet the criteria for the creation of a Cultural District which area is generally comprised of the territory within the following boundaries: Page 4 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 The City of Gretna Downtown Cultural District shall be the same boundaries as the Mechanickham-Gretna Historic District bounded by the east side of Gulf Drive, the north side of Sixth Street to the west side of Dolhonde Street, on the West; the north side of Twelfth Street on the South; the east side of Amelia Street on the East; and the Mississippi River on the North; the McDonoghville Historic District bounded by the east side of Ocean Avenue from the river to the Fourth Street right-of-way to the west side of Hancock Street to the Orleans Parish line and Mississippi River and both sides of the Fifth Street Corridor from Lafayette Street to Stumpf Boulevard. WHEREAS, within the boundaries of a state-certified Cultural District, several tax incentives may be available including (1) a sales tax exemption on the sale of certain original works of art, (2) individual income tax credits for eligible expenses incurred during the rehabilitation of certain owneroccupied residential or owner-occupied mixed use structures, and (3) income and corporate franchise tax credits for eligible expenses incurred during the rehabilitation of certain historic structures; and WHEREAS, only a Local Governing Authority is authorized to submit an application for the designation and certification of a Cultural District; and WHEREAS, a “Local Governing Authority” is defined by LAC 25:I§1101 as “the governing authority of the parish in which the Cultural District is located unless the district is located in a municipality, in which case “Local Governing Authority” shall mean the governing authority of the municipality. If the district is located partly in a municipality, “Local Governing Authority” shall mean the governing authority of the parish and the governing authority of the municipality”; and WHEREAS, the City of Gretna Downtown Cultural District is located entirely within the municipality of the City of Gretna and is located completely within the parish of Jefferson and therefore the City of Gretna would be the proper entity to submit an application for the certification and designation of the above-described geographic area as a Cultural District. NOW, THEREFORE, BE IT RESOLVED by the City Council of Gretna, Louisiana, acting as governing authority of said City that: The City of Gretna. 1. Support and endorse the submission of an application to the Louisiana Department of Culture, Recreation and Tourism, Office of Cultural Development to designate the City of Gretna Downtown Cultural District as a state-certified Cultural District; and 2. Maintain its authority to submit said application and all supporting documents, reports, and other forms required for the creation, administration, and reporting. 3. Direct all City of Gretna 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 4. Request all affected citizens and businesses to support and promote activities consistent with the purposes of the Cultural District 5. Authorize Mayor Ronnie C. Harris to sign any and all documents required for the creation and administration of the City of Gretna Downtown Cultural District. Mayor Harris stated that the above resolution was placed on this month’s agenda because there was a time sensitive deadline to submit an application by July 1, 2008. In addition, there were also specific reporting requirements regarding the inventorying of businesses within the district, so that cultural growth of the district could be measured. It was an effort by the Lieutenant Governor’s Office and the Department of Historic Preservation to join together and promote art. The designation of a cultural district within the city would eliminate sales tax for original works of art and encourage the possibility of having an arts district in Gretna. He noted that he and Councilwoman Constant had yet to determine the boundaries of the proposed cultural district; however, he suggested that at this time for the purpose of submitting the city’s first application by the July 1, 2008 deadline, that the Cultural District boundaries be equivalent to the Downtown Historic District to begin the process. Thereafter, other areas could be considered for inclusion in the district if warranted. Councilwoman Constant recommended that the McDonoghville and Gretna Historic Districts as well as the Fifth Street Corridor boundaries be added as a part of the proposed cultural district. She specifically requested the Fifth Street Corridor (both sides) from Lafayette Street to Stumpf Boulevard because of the potential redevelopment and revitalization of the Fifth Street Corridor, which would connect the entire proposed district. Page 5 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 On motion by Councilwoman Constant and seconded by Councilwoman Beevers, IT WAS RESOLVED to amend the above resolution to add the McDonoghville Historic District bounded by the east side of Ocean Avenue from the river to the Fourth Street right-of-way to the west side of Hancock Street to the Orleans Parish line and Mississippi River and both sides of the Fifth Street Corridor from Lafayette Street to Stumpf Boulevard, and the same were unanimously approved. On motion by Councilwoman Constant and seconded by Councilman Bolar, the following resolution was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Beevers, Bolar, Constant, Cox and Rau Nays: None Absent: None RESOLUTION NO. 2008-060 A resolution as amended amending Resolution No. 2008-007 to add Councilwoman Raylyn R. Beevers; Councilman Jonathan C. Bolar and Councilman Vincent E. Cox III; as authorized signatory on all checks issued by the City of Gretna. WHEREAS, all city checks issued require both an A and B signatures. WHEREAS, it is the desire of the City that additional A signatures be added. The signatures shall be as follows: SIGNATURES A: Councilwoman Raylyn R. Beevers; Councilman Jonathan C. Bolar and Councilman Vincent E. Cox III. SIGNATURES B: All authorized signatories B as outlined in Resolution No. 2008-007 shall remain as authorized. NOW, THEREFORE, BE IT RESOLVED, by the City Council, acting as legislative authority for the City of Gretna, that: Councilwoman Raylyn R. Beevers; Councilman Jonathan C. Bolar and Councilman Vincent E. Cox III are hereby added as additional A signatories and are authorized to sign all checks issued by the City of Gretna. Mr. Rudy DuSaules, Finance Director requested removing Councilman Rau from the resolution because he was already listed as an authorized signature. On motion by Councilwoman Constant and seconded by Councilman Bolar, IT WAS RESOLVED to remove Councilman Rau from the above resolution because he was already as an authorized signature, and the same was unanimously approved. On motion by Councilman Rau and seconded by Councilwoman Beevers, the following resolution was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Beevers, Bolar, Constant, Cox and Rau Nays: None Absent: None RESOLUTION NO. 2008-061 A resolution amending the General Operating Budget for the Fiscal Year of April 1, 2008 to March 31, 2009 to appropriate funds in the amount of $130,000 for Mardi Gras Expenditures. WHEREAS, in accordance with Gretna Ordinance No. 3009 dated February 7, 1994, the following budget amendment is presented for approval: 01-544-3744 01-531-3744 Mardi Gras Mardi Gras Page 6 of 30 $ 30,000 $100,000 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 NOW, THEREFORE, BE IT RESOLVED by the City Council of Gretna, Louisiana, acting as governing authority of said City that: The General Operating Budget for the Fiscal Year of April 1, 2008 to March 31, 2009 to appropriate funds in the amount of $130,000 for Mardi Gras Expenditures is hereby amended. On motion by Councilwoman Constant and seconded by Councilwoman Beevers, the following resolution was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Beevers, Bolar, Constant, Cox and Rau Nays: None Absent: None RESOLUTION NO. 2008-062 A resolution amending the General Operating Budget for the Fiscal Year of April 1, 2008 to March 31, 2009 to appropriate funds in the amount of $130,542 for payment to Boland Marine for Hurricane Katrina and to recognize payment by FEMA. WHEREAS, in accordance with Gretna Ordinance No. 3009 dated February 7, 1994, the following budget amendment is presented for approval: 01-544-3659 01-40-542 Hurricane Expenses Federal Grant $130,542 $130,542 NOW, THEREFORE, BE IT RESOLVED by the City Council of Gretna, Louisiana, acting as governing authority of said City that: The General Operating Budget for the Fiscal Year of April 1, 2008 to March 31, 2009 to appropriate funds in the amount of $130,542 for payment to Boland Marine for Hurricane Katrina and to recognize payment by FEMA is hereby amended. On motion by Councilman Rau and seconded by Councilwoman Beevers, the following resolution was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Beevers, Bolar, Constant, Cox and Rau Nays: None Absent: None RESOLUTION NO. 2008-063 A resolution amending the General Operating Budget for the Fiscal Year of April 1, 2008 to March 31, 2009 to appropriate funds in the amount of $2,000 for Convention Expenses. WHEREAS, in accordance with Gretna Ordinance No. 3009 dated February 7, 1994, the following budget amendment is presented for approval: 01-531-2764 Convention Expenses $ 2,000 NOW, THEREFORE, BE IT RESOLVED by the City Council of Gretna, Louisiana, acting as governing authority of said City that: The General Operating Budget for the Fiscal Year of April 1, 2008 to March 31, 2009 to appropriate funds in the amount of $2,000 for Convention Expenses is hereby amended. On motion by Councilwoman Constant and seconded by Councilwoman Constant, the following resolution was read and adopted section by section and then as a whole by the following vote: Page 7 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 Yeas: Council Members Beevers, Bolar, Constant, Cox and Rau Nays: None Absent: None RESOLUTION NO. 2008-064 A resolution amending the General Operating Budget for the Fiscal Year of April 1, 2008 to March 31, 2009 to appropriate funds in the amount of $91,339 for the creation of two new staff positions within the Regulatory Department. WHEREAS, in accordance with Gretna Ordinance No. 3009 dated February 7, 1994, the following budget amendment is presented for approval: 01-533-2601 01-533-2606 01-533-2607 01-533-2608 01-533-2610 01-533-2726 Salaries Medicare Expenses Worker’s Compensation Hospitalization Municipal Retirement Auto Allowance $60,000 $ 870 $ 5,044 $ 9,750 $13,650 $ 2,025 NOW, THEREFORE, BE IT RESOLVED by the City Council of Gretna, Louisiana, acting as governing authority of said City that: The General Operating Budget for the Fiscal Year of April 1, 2008 to March 31, 2009 to appropriate funds in the amount of $91,339 for the creation of two new staff positions within the Regulatory Department. On motion by Councilwoman Constant and seconded by Councilwoman Beevers, the following resolution was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Beevers, Bolar, Constant, Cox and Rau Nays: None Absent: None RESOLUTION NO. 2008-065 A resolution authorizing Mayor Ronnie C. Harris to enter into a lease agreement on behalf of the City of Gretna with Roymar, LP for the premises located at 711 Second Street for a period of two-years to be used for the purpose of temporarily housing the Police Department Clerk of Court Office. WHEREAS, there is an interest in the health, safety, and welfare of the citizens of Gretna; and WHEREAS, the Police Department Clerk of Court Office is in need of repairs and renovations to accommodate the personnel and the increased volume of records and public traffic to efficiently operate the department; and WHEREAS, temporary office space is needed to house the Police Department Clerk of Court Office until such repairs and renovations are completed; and WHEREAS, Roymar, LP has offered the City of Gretna the office space needed to temporarily house the Clerk of Court Office. NOW, THEREFORE, BE IT RESOLVED by the City Council of Gretna, Louisiana, acting as governing authority of said City that: Mayor Ronnie C. Harris is hereby authorized to enter into a lease agreement on behalf of the City of Gretna with Roymar, LP for the premises located at 711 Second Street for a period of two-years to be used for the purpose of temporarily housing the Police Department Clerk of Court Office. Page 8 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 On motion by Councilman Bolar and seconded by Councilman Rau, the following resolution was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Beevers, Bolar, Constant, Cox and Rau Nays: None Absent: None RESOLUTION NO. 2008-066 A resolution authorizing Mayor Ronnie C. Harris to execute for and on behalf of the City of Gretna a Maintenance Agreement (including mowing and litter pickup) for grass cutting of State right-of-ways within the City of Gretna with the State of Louisiana Department of Transportation and Development (LADOTD), Office of Engineering, for the Fiscal Year beginning July 1, 2008 and ending June 30, 2009. WHEREAS, the State of Louisiana has agreed to reimburse the City of Gretna for the maintenance obligations for grass cutting of State right-of-ways within the City limits. NOW, THEREFORE, BE IT RESOLVED, by the City Council, acting as legislative authority for the City of Gretna, that: Mayor Ronnie C. Harris is hereby authorized to execute for and on behalf of the City of Gretna a Maintenance Agreement (including mowing and litter pickup) for grass cutting of State right-of-ways within the City of Gretna with the State of Louisiana Department of Transportation and Development (DOTD), Office of Engineering, for the Fiscal Year beginning July 1, 2008 and ending June 30, 2009. Councilwoman Beevers stated that under the elevated Expressway the grass is high. She asked who was supposed to be cutting the grass. Mayor Harris stated that the Westbank Expressway was maintained by the State; Fifth, Franklin Streets, Belle Chasse Highway is maintained by the City of Gretna. The maintenance agreement gives the City of Gretna funds to maintain. The Westbank Expressway is maintained by the Crescent City Connection, which is a division of the Department of Transportation and Development. Councilwoman Constant asked if the State maintains the servitude side of the Expressway or just under the elevated Expressway. Mayor Harris stated that it was his understanding that it was the Westbank Expressway all the way, which means both sides. It was a situation, that he was unaware how the trash is collected, because certain bus shelters get litter pick up through the Parish. Chief Lawson stated that the State was paying Jefferson Parish to cut the grass on Belle Chasse Highway up to the city limits. Mr. Rudy DuSaules, Finance Director stated that this agreement was for $7,800, the city submits bills to Department of Transportation and Development twice a year for $3,900. On motion by Councilwoman Constant and seconded by Councilman Rau, the following resolution was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Beevers, Bolar, Constant, Cox and Rau Nays: None Absent: None RESOLUTION NO. 2008-067 A resolution authorizing and directing Mayor Ronnie C. Harris to accept for and on behalf of the City of Gretna, Louisiana, from Roof Technologies, Inc., (Contractor) the completion of a contract for the Renovations to the Old U. S. Post Office Project. WHEREAS, Roof Technologies, Inc., as Contractor, has completed the renovations to the Old U. S. Post Office building for the City of Gretna, Jefferson Parish, Louisiana, in accordance with the Plans and Specifications contained in the Contract Documents pertaining thereto; and Page 9 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 WHEREAS, the City of Gretna, Louisiana, acting through its Mayor and Council, desires to accept the completion of the Renovations to the Old U. S. Post Office Project for the City of Gretna; and WHEREAS, the City Engineer as represented by Burk-Kleinpeter, Inc. and the project Architect, Koch and Wilson Architects, have reviewed and recommended acceptance of the Renovations to the Old U. S. Post Office Project. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Gretna, Louisiana, acting as legislative authority for said City, that: Mayor Ronnie C. Harris is hereby empowered, authorized and directed to accept on behalf of the City of Gretna, Louisiana, from Roof Technologies, Inc. of Louisiana, Contractor, the completion of a contract for the Renovations to the Old U. S. Post Office Project and that he be directed to have a copy of this resolution recorded with the recorder of Mortgages of the Parish of Jefferson, State of Louisiana, as originally filed on October 25, 2007, in Mortgage Book Number 4350, Folio 746. Councilwoman Constant asked if the completion had been inspected by the City to make sure that the renovations and repairs are completed. The City Engineer stated that Koch & Wilson, Architects went on the site and verified that all punch list items had been addressed that were outstanding. On motion by Councilman Rau and seconded by Councilman Cox, the following resolution was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Beevers, Bolar, Constant, Cox and Rau Nays: None Absent: None RESOLUTION NO. 2008-068 A resolution declaring the City of Gretna’s intention to allow Timberlane to become a limited access neighborhood by means of gates and/or street closures upon annexation of Timberlane into the City of Gretna and compliance with all requirements set forth in the City of Gretna’s current ordinance regarding gates and limited access neighborhoods. WHEREAS, the City of Gretna has an interest in the health, welfare and safety of its citizens; and WHEREAS, the Timberlane Estates Improvement Association has requested consideration of establishing Timberlane as a limited access neighborhood upon a successful vote to join the City of Gretna; and WHEREAS, the City of Gretna currently has in place an ordinance allowing the establishment of limited access neighborhoods and; and WHEREAS, an election is scheduled on July 19, 2008 wherein the residents of Timberlane will consider annexation into the City of Gretna; and WHEREAS, City of Gretna desires to make its position on the issue of establishing Timberlane as a limited access neighborhood upon annexation into the City of Gretna prior to the annexation election. NOW, THEREFORE, BE IT RESOLVED by the City Council of Gretna, Louisiana, acting as governing authority of said City and on behalf of all the citizens of the City that: It is hereby the intention of the City of Gretna to allow Timberlane to become a limited access neighborhood by means of gates and/or street closures upon annexation of Timberlane into the City of Gretna and compliance with all requirements set forth in the City of Gretna’s current ordinance regarding gates and limited access neighborhoods. Page 10 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 Mayor Harris stated that upon discussions with the Timberlane Improvement Association relative to annexation, one of the things discussed was the possibility of putting in gates prior to the election for the annexation; the City of Gretna would go on record to state that gates would exist. The best that the City of Gretna could do is to state what its existing ordinance allows. The existing ordinance states that resident property owners and the Timberlane residents at this time are not residents of the City of Gretna, so therefore the ordinance cannot be addressed. The resident property owners must signed a petition and submit it to the City of Gretna for consideration of limited access. This resolution was merely to state that the City of Gretna does have a process and Timberlane Subdivision would have to comply with that process. On motion by Councilwoman Constant and seconded by Councilman Rau, IT WAS RESOLVED to introduce an ordinance approving the resubdivision of Lots 1 and 2, Square 2, Village of New Gretna Subdivision, Gretna, Louisiana, INTO Lot 1A, Square 2, Village of New Gretna Subdivision, as per the plan of survey and resubdivision by BFM Corporation, L.L.C., Professional Land Surveyors, dated May 7, 2008, and the same was unanimously approved. On motion by Councilman Cox and seconded by Councilwoman Beevers, IT WAS RESOLVED to introduce an ordinance amending Ordinance No. 3665 to require removal, within thirty days of closing, any commercial sign, including any structure used for the mounting or display of said sign from the building and premise of business no longer in operation, and the same was unanimously approved. Councilman Cox asked if this was ordinance deferred sometime ago, for in depth research. Miss Susan Percle clarified that the city’s administration did not request this ordinance, but the ordinance in question was passed and this ordinance was clarifying said ordinance to an extent. On motion by Councilman Cox and seconded by Councilwoman Beevers, IT WAS RESOLVED to introduce an ordinance adopting and incorporating the fine and fee schedule for permits, code enforcement, and code violations of Jefferson Parish, and the same was unanimously approved. Councilman Cox stated the city would follow the Jefferson Parish Code B Structure in the future. On motion by Councilwoman Beevers and seconded by Councilman Rau, IT WAS RESOLVED to introduce an ordinance enforcing properly recorded neighborhood subdivision restrictions, and the same was unanimously approved. On motion by Councilwoman Constant and seconded by Councilwoman Beevers, the following ordinance was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Beevers, Bolar, Constant, Cox and Rau Nays: None Absent: None ORDINANCE NO. 3680 An ordinance amending Ordinance No. 1945 of the City of Gretna, adopted by the City Council on the 12th day of July 1989, more particularly amending the zoning classification of Lot B-1, Square 13, Garden Park Subdivision, Gretna, Louisiana, from C-1 (Neighborhood Commercial) to C-2 (General Commercial), and directing, authorizing and empowering the Code Enforcement Official to alter and amend the Official Zoning Map of the City of Gretna. Description: Lot (Corner of Fifth Street & Stumpf Boulevard) WHEREAS, Brandt Real Estate Co., LLC is the owner of Lot B-1, Square 13, Garden Park Subdivision, City of Gretna, Parish of Jefferson, State of Louisiana; and Page 11 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 WHEREAS, Lot B-1, Square 13, Garden Park Subdivision, Gretna, Louisiana is designated on the Official Zoning Map of the City of Gretna as C-1 (Neighborhood Commercial), which said Map forms a part of Ordinance No. 1945 of the City of Gretna, adopted by the Planning Advisory Board; and WHEREAS, the Planning Advisory Board has been disbanded by the City Council, and the duties of the Planning Advisory Board have been allocated to the Code Enforcement Official and the City Council of the City of Gretna; and WHEREAS, the Code Enforcement Official of the City of Gretna has cause to duly advertise as prescribed by law, a public hearing in connection with the zoning reclassification of Lot B-1, Square 13, Garden Park Subdivision, Gretna, Louisiana; and WHEREAS, a public hearing was held by the City Council, in accordance with law. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Gretna, acting as legislative authority for said City, that: SECTION I. The zoning classification of Lot B-1, Square 13, Garden Park Subdivision, Gretna, Louisiana, be and are hereby amended and changes from C-1 (Neighborhood Commercial), to C-2 (General Commercial). SECTION II. The City Council of the City of Gretna, be and it hereby directs, authorizes and empowers the Code Enforcement Official to make the necessary and appropriate changes and amendments to Ordinance No. 1945, of the City of Gretna, more particularly the Official Zoning Map thereof, designating the above mentioned and described property as C-2 (General Commercial). SECTION III. The Mayor of the City of Gretna is made and he is hereby empowered, authorized and directed to sign and execute all acts of documents necessary and proper in the premises to give full force and effect to this ordinance. Provided that a majority of the City Council has voted in favor of this ordinance, this ordinance shall have the full force and effect of law at midnight on the tenth day following the Clerk's presentment of the same to the Mayor, in accordance with Louisiana Revised Statutes 33:406(c)(2) unless the Mayor returns the same, unsigned, to the Clerk during that ten-day period. Miss Susan Percle, Zoning Official provided a report on the above change of zoning request as follows: She stated that the zoning request was for the fenced area at the corner of Fifth Street and Stumpf Boulevard, which was part of Ray Brandt Collision with their purchase of the property. This square was zoned C-1, Neighborhood Commercial and R-1, Single Family District; with the area of Gelbke Drive being zoned as R-1. Squares that sit across, are zoned C-1. The frontage from Gelbke Drive to Stumpf Boulevard had long time commercial uses (automotive in nature). The existing operations of a body repair shop that are operating there was non-conforming use. The zoning change being requested was because their operations have expanded beyond that which was allowed under non-conforming uses in the zoning code. The applicant proposes to house on this lot an office and operations for a body repair shop. This site would have to undergo site plan review when plans are submitted. After last month’s meeting, the area was posted and advertised. Miss Percle stated that when you have a non-conforming use, the business could expand up to 25%. This business has expanded with the inclusion of the purchased properties adjacent to their operations, so therefore the zoning classification needed to be changed to C-2 (General Commercial), which would be proper zoning of such an operation. C-1 (Neighborhood Commercial) allowed for minor repairs, which was for automobile repairs such as oil changes, etc.. Body and fender repair shops was defined under “shops” for major repairs and that was what this business was and should be reclassified. Mr. Sid Artigue, Representative for Mr. Brandt addressed the Mayor and City Council. He stated that they have preliminary plans of what they intend to do with the corner property, which would be an office operation and the main waiting area for customers. Each council member was provided with a copy of the preliminary plans. The applicants proposed to do the elevation on Fifth Street and Stumpf Boulevard in a glass and stucco finish. The rear of the building would have self-contained paint booths and detail areas, which would not face Stumpf Boulevard or Fifth Street. Page 12 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 Mayor Harris asked that if the present fence extended uniformly around to include Gelbke Drive side. Mr. Artigue stated that he was directed that after the construction of the proposed building, another building behind the fence would be constructed and that fence would be used to partition off the Westbank Expressway side of the property plus the rear part of the property coming on Fifth Street. On motion by Councilman Cox and seconded by Councilwoman Constant, the following ordinance was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Beevers, Bolar, Constant, Cox and Rau Nays: None Absent: None ORDINANCE NO. 3681 An ordinance approving the resubdivision of Lots 3 and 4, Square 49, Village of Mechanickham Subdivision, City of Gretna, Parish of Jefferson, State of Louisiana, INTO Lots 3-A and 4-A, Square 49, Village of Mechanickham Subdivision, as per the plan of survey and resubdivision by Dufrene Surveying & Engineering Inc., dated November 21, 2007. Municipal Address: 1208 and 1212 Huey P. Long Avenue WHEREAS, Deborah Lee, wife of/and Kenneth J. Kamas are the owners of Lots 3 and 4, Square 49, Village of Mechanickham Subdivision, City of Gretna, Parish of Jefferson, State of Louisiana; and WHEREAS, aforesaid owners have resubdivided Lots 3 and 4, Square 49, Village of Mechanickham Subdivision, City of Gretna, Parish of Jefferson, State of Louisiana, INTO Lots 3-A and 4-A, Square 49, Village of Mechanickham Subdivision, as per the plan of survey and resubdivision of Dufrene Surveying & Engineering Inc., dated November 21, 2007 and desires approval of same, all in accordance with ordinances relative to same. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Gretna, acting as legislative authority for said City, that: SECTION I: The plan of resubdivision of Lots 3 and 4, Square 49, Village of Mechanickham Subdivision, City of Gretna, Parish of Jefferson, State of Louisiana, INTO Lots 3-A and 4-A, Square 49, Village of Mechanickham Subdivision, as per the plan of survey and resubdivision of Dufrene Surveying & Engineering Inc., dated November 21, 2007, be and the same is hereby approved. SECTION II: The Mayor of the City of Gretna be and he is hereby authorized, empowered and directed to sign and execute all acts, plans and documents necessary and proper in the premises to give full force and effect to this ordinance. Provided that a majority of the City of Gretna Council have voted in favor of this ordinance, this ordinance shall have the full force and effect of law at midnight on the tenth day following the Clerk’s presentment of the same to the Mayor, in accordance with Louisiana Revised Statutes 33:406(c)(2) unless the Mayor returns the same, unsigned, to the Clerk during that ten-day period. Page 13 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 1208 and 1212 Huey P. Long Avenue Mr. Mike Chopin, City Engineer provided a report on the above ordinance as follows: Have reviewed the above subject resubdivision request and offered the following observations: Existing Conditions The subject property consists of two (2) lots (Existing Lots 3 and 4). A structure bearing municipal address 1208 Huey P. Long Avenue is located on existing Lot 3 and a part of the structure is located on existing Lot 4 (constructed over the existing property line). A structure bearing municipal address 1212 Huey P. Long Avenue is located on existing Lot 4. Page 14 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 Proposed Re-subdivision The proposed re-subdivision will create two (2) lots of record (Proposed Lots 3-A and 4-A). Proposed Lot 3-A has a total area of 4,418 square feet and a street frontage of 39 feet. Proposed Lot 4-A has a total area of 2,746 square feet and a street frontage of 21 feet. The location of the common property line between the two proposed lots has been centered between the two (2) existing structures which creates a 3.3 foot side yard for each of the lots. Comments The proposed re-subdivision does not meet the minimum 5,000 square foot area requirement as defined by the City of Gretna’s Code Ordinances. However, the proposed re-subdivision will clean up the property by defining individual lots for each of the existing structures. On motion by Councilman Cox and seconded by Councilwoman Constant, the following ordinance was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Beevers, Bolar, Constant, Cox and Rau Nays: None Absent: None ORDINANCE NO. 3682 An ordinance as amended requiring team sport free play participants desiring to use Gretna City Park to register with and make a $50.00 clean up deposit with the Recreation Department prior to the use of the fields at the park. Team sport is defined as “any sport or game involving two or more teams wherein twelve or more individuals participate in the game or sport at one time.” WHEREAS, the City of Gretna has interest in the health, safety and welfare of its citizen; and WHEREAS, the city wishes to accommodate the use of its parks by the public; and WHEREAS, the city has an interest in the organized and efficient use of its parks by the public; and WHEREAS, team sports involving many participants can dominate the use of certain areas of the park and preclude others from use of the park; and WHEREAS, team sport free play has historically been a contributing source of trash left behind at public parks and; WHEREAS, registration by participant will allow the orderly scheduling of free play team sports and trash clean up deposits will encourage free play team sport participants to not leave trash in parks. NOW, THEREFORE, BE IT ORDAINED by the City Council, acting as legislative authority for the City of Gretna, that: Team sport free play participants desiring to use Gretna City Park shall register with and make a $50.00 clean up deposit with the Recreation Department prior to the use of the fields at the park. Team sport is defined as “any sport or game involving two or more teams wherein twelve or more individuals participate in the game or sport at one time.” BE IF FURTHER ORDAINED, that: This ordinance shall not apply to the Gretna Rugby Club for use of the rugby field at Gretna City Park so long as the Cooperative Endeavor agreement with the Rugby Club remains in effect. Provided that a majority of the City Council of the City of Gretna have voted in favor of this ordinance, this ordinance shall have the full force and effect of law at midnight on the tenth day following the Clerk's presentment of same to the Mayor, in accordance with Louisiana Revised Statutes 33:406(c)(2) unless the Mayor returns same, unsigned, to the Clerk during that ten-day period. Page 15 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 Councilman Cox stated that he would like to go on record that the complaints were from the Football Rugby Club and the Observatory operators. He stated that he was not opposed to anyone using the field for free play, but some type of regulations needed to be in place for users of the field urging responsibility for their actions. Signs in English and Spanish need to be posted delineating where and they cannot play. On motion by Councilwoman Beevers and seconded by Councilwoman Constant, the following ordinance was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Beevers, Bolar, Constant, Cox and Rau Nays: None Absent: None ORDINANCE NO. 3683 An ordinance amending Article VII Noise of the Gretna Code of Ordinances by adding Sec. 42-210 Bulk Waste Containers. WHEREAS, the City of Gretna has an interest in the health, safety and welfare of its citizens; and WHEREAS, it has come to the attention of the City that the loading/unloading of bulk waste containers (commonly referred to as dumpsters) near a residential and/or noise sensitive area may disturb such an area; and WHEREAS, in an effort to address such a situation, the Gretna Code of Ordinances was reviewed and such a review did not reveal any laws specific to this circumstance; and WHEREAS, through additional research, it was noted that Jefferson Parish’s Noise Ordinance, while being similar in nature to the City’s Code, has additional language that specifically addresses this issue; and WHEREAS, the addition of such language to our Code will adequately address this matter and offer assistance in the enforcement of such disturbances. NOW, THEREFORE, BE IT ORDAINED by the City Council, acting as legislative authority for the City of Gretna, that: The following section is hereby added: Sec. 42-210 Bulk Waste Containers. Provided that a majority of the City Council of the City of Gretna have voted in favor of this ordinance, this ordinance shall have the full force and effect of law at midnight on the tenth day following the Clerk's presentment of same to the Mayor, in accordance with Louisiana Revised Statutes 33:406(c)(2) unless the Mayor returns same, unsigned, to the Clerk during that ten-day period. An ordinance amending Ordinance No. 1945 of the City of Gretna, adopted by the City Council on the 12th day of July 1989, more particularly amending the zoning classification of Lots 35, 36, 37 and 38, Square 46, Oakdale Subdivision, Gretna, Louisiana, from C-1 (Neighborhood Commercial) to C-2 (General Commercial), and directing, authorizing and empowering the Code Enforcement Official to alter and amend the Official Zoning Map of the City of Gretna. was deferred at the request of the applicant until next month. Councilwoman Beevers stated that this matter was being deferred. This zoning request should have to be changed to M-1 (Light Industrial) for a manufacturing. Met with the architects and the property owners and explained this to them. The applicants have requested for a deferral until next month so that they could determine what they would like to do with the property. An ordinance approving the resubdivision of Lots 35, 36, 37 and 38, Square 46, Oakdale Subdivision, Gretna, Louisiana, INTO Lot 36-A, Square 46, Oakdale Subdivision, as per the plan of survey and resubdivision by Dufrene Surveying & Engineering Inc., dated March 17, 2008 was deferred at the request of the applicant until next month. Councilwoman Beevers stated that this matter was also being deferred until next month. Page 16 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 No action was taken by the Council on an ordinance amending Ordinance No. 1945 of the City of Gretna, adopted by the City Council on the 12th day of July 1989, more particularly amending the zoning classification of Lot 11, Square 7, Brooklyn #2 Subdivision, Gretna, Louisiana, from R-1 (Single Family Residential) to R-2 (Two-Family Residential), and directing, authorizing and empowering the Code Enforcement Official to alter and amend the Official Zoning Map of the City of Gretna. Miss Susan Percle, Zoning Official provided an updated report since last month’s meeting on the above rezoning ordinance request. She stated that this matter required additional action based on the information provided by the City Attorney. The city could not separate a piece of property without selling it at a public auction. Miss Percle raised the question to the Council as to whether the city should pursue this matter further or take it off the agenda. Councilwoman Constant stated that she assumed the city had information how to proceed with the sale of the property. Miss Percle stated that nothing had been done that would enable the city to easily proceed in the manner it wanted. Councilwoman Constant stated that based on Miss Percle’s comments, this matter needs to be removed from the agenda. Councilwoman Constant withdrew her motion. Miss Percle stated that the property owner/applicant would be advised of the outcome and where the city stands. On motion by Councilwoman Beevers and seconded by Councilman Cox, the following ordinance was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Beevers, Bolar, Constant, Cox and Rau Nays: None Absent: None ORDINANCE NO. 3684 An ordinance amending City of Gretna Ordinance No. 1743, adopted August 6, 1984; Said amendment would regulate unprotected swimming pools and excavations. WHEREAS, the City of Gretna has an interest in the health, safety and welfare of its citizens; and WHEREAS, the City of Gretna, operating under the powers granted to it by the Lawrason Act, has the power and authority to establish a program of enforcement of regulation of unprotected swimming pools and excavations. NOW, THEREFORE, BE IT ORDAINED by the City Council, acting as legislative authority for the City of Gretna, that: Declaration as nuisance. Any swimming pool or other open excavation on or within five hundred (500) feet of residential property, that is not protected or supervised, or which is otherwise deemed dangerous, as defined herein, that is located in the City of Gretna, which is injurious to or a danger to the public health, safety, morals or welfare of the people of the city, is hereby declared to be a public nuisance. Definition Any swimming pool or open excavation on or within five hundred (500) feet of residential property which has any or all of the following defects shall be deemed "dangerous" and constitute a public nuisance: (1) Is not enclosed on all sides by a fence or other barrier to prevent access to the pool; Page 17 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 (2) If the fence or barrier enclosing the pool has an access gate, and such access gate as part of the barrier, does not open outward away from the pool and is not equipped with self-closing and selflatching devices; (3) Whether or not enclosed with a fence or other barrier, contains noxious growth or stagnant water; (4) Whether or not enclosed, is not maintained and is on a premises which is vacant or otherwise abandoned; (5) Is in violation of any provisions of this Code, including but not limited to Section 34-1 et seq., the Louisiana Uniform Construction Code, Section 31-09 of the International Building Code of 2006, or other ordinances of this parish, or laws of this state, if the violation is of such a nature that the swimming pool constitutes a danger to occupants of the premises and/or others. A swimming pool or open excavation on or within five hundred (500) feet of residential property that is fenced or otherwise secured in any manner may, nevertheless, be deemed to be dangerous building under the foregoing criteria if the swimming pool or open excavation constitutes a danger to the public even though secured from entry; or is found that the means utilized to secure the building are not adequate to prevent unauthorized access to the swimming pool or open excavation in contravention of subsection (1) or (2), above. INSPECTIONS The city administration may designate appropriate personnel to: (1) Inspect any premises about which complaints are filed by any person to the effect that a swimming pool or open excavation may be existing in violation of the terms of this article. (2) Inspect any premises reported by the fire, health or sheriff's department of this parish as probably existing in violation of the terms of this article. (3) Inspect premises in the parish to determine whether there exists a "dangerous swimming pool" within the terms of this ordinance. (4) Document the existence of such premises that are found to be dangerous incorporating the reports of the fire, health and police departments where applicable. (5) Schedule a hearing pursuant to this ordinance, fulfilling the notice requirements to interested parties as provided therein, and further notifying other involved city officials so that they may attend and testify when appropriate. (6) Appear at all hearings conducted pursuant to this ordinance and testify as to the conditions existing. (7) Place notices and/or placards on such premises as required by this article. Hearing; placarding of building or structure (a) If a premises, has, upon inspection, been found contain a dangerous swimming pool or open excavation, then written notice shall be made to the owner or resident of the subject property to appear for a hearing before the city magistrate. (b) After completion of the presentation of testimony by all parties appearing, the city magistrate shall make written findings of fact as to whether or not the premises contains a dangerous swimming pool or open excavation and constitutes a hazard to the health, safety or welfare of occupants and/or the citizens, and whether or not the swimming pool or open excavation in question is dangerous within the standards set forth in this ordinance. If the city magistrate finds that any premises contains a dangerous swimming pool or open excavation and that same constitutes a hazard to the health, safety or welfare of its occupants and/or the citizens, and that same is dangerous building within the terms of this ordinance, he shall issue an order directing the owner, occupant and all other persons having an interest in said premises as shown by the mortgage and conveyance records of the parish where the land is located: (1) That the swimming pool shall be either repaired and maintained or drained and filled (at the owner's option) if it can reasonably be brought into compliance by repair; or Page 18 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 (2) That the swimming pool or open excavation be demolished and filled if it cannot reasonably be repaired; The persons having an interest in the property shall be given a reasonable period of time in which to comply with the city magistrate’s order, such period not to exceed fifteen (15) days, unless, in the judgment and discretion of the city, it is determined that a greater period of time is necessary. The order shall state the date by which the action ordered must be completed. The order of the hearing officer shall be served on all persons having an interest in the property. A copy of the order of the hearing officer shall also be filed in the mortgage and conveyance records of the parish. (c) If the persons having an interest in the property fail to comply with the order of the city magistrate within the time specified in the order for compliance, the department of inspection and code enforcement shall cause such swimming pool to be secured or demolished pursuant to the order of the city magistrate. (d) If any instance in which an order has been issued pursuant to subsection (b) above, and the owner complies with the order by securing, repairing and maintaining the swimming pool or open excavation, the case file shall, nevertheless, remain active for a period of three (3) years from the date of signature of the order. The city administration may request that the city magistrate reconvene the hearing if he receives evidence that the swimming pool or open excavation has not remained secured, repaired and maintained and is in contravention of this ordinance. Upon notice to the owner, lien holders, occupants and other persons having an interest in the property, the city magistrate shall reconvene the hearing. If the city magistrate finds that the building remains a dangerous building notwithstanding the owner's efforts to secure it, he may issue a revised order that the building be demolished. Fees; costs; billing; payment; imposition of lien; addition of costs to ad valorem tax bill. (a) The city council hereby finds and declares that the general administrative expenses of inspecting swimming pools, locating owners, conducting hearings, issuing notices and orders, together with all associated administrative functions, require the reasonable charge of five hundred dollars ($500.00) for each lot, adjacent lots under common ownership, or tract of land, and such minimum charge is hereby established and declared to be the charge for such administrative expenses to be assessed in each instance where the city demolishes or contracts for the demolition or securing of a swimming pool or open excavation thereon. Notwithstanding any tabulation of recorded costs, a charge of five hundred dollars ($500.00) is hereby expressly stated to be a minimum charge. Further, the costs of securing or filling a swimming pool or open excavation either by the city or by persons doing so under contract with the city shall be separately calculated and assessed in each instance where the parish causes such work to be performed pursuant to this article. The city shall certify all administrative expenses and costs of securing or filling a swimming pool or open excavation by the parish or by persons doing so under contract with the parish, as a charge, which shall be, assessed the owners thereof. Such charge shall bear interest at the rate of ten (10%) percent per annum until paid. Provided, further, if an order has been issued pursuant to this ordinance for the securing or filling a swimming pool or open excavation and the city has let a contract for such work, and the premises subsequently brought into compliance by the owners prior to completion of the contract let by the city, the administrative expenses and all costs for cancellation of the contract shall be certified as a charge which shall be assessed as against the owners thereof. Such charges shall bear interest at the rate of ten (10) percent per annum until paid. (b) At the completion of any work performed pursuant to this ordinance, or preparation in anticipation thereof, the proprietary party and/or owner of the premises shall be sent a notice, itemizing the cost of the work in accordance with this article. The proprietary party and/or owner of the premises shall be given thirty-(30)-days from receipt thereof to make payment to the city. (c) In addition to the other provisions of this ordinance, the city is also authorized to have recorded in the mortgage office of the parish, a sworn statement showing the costs and expenses incurred for the work and the date, place or property on which the work was done, and the recordation of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principle and interest, plus costs for filing the lien, and costs of court, if any, for collection until final payment has been made. Page 19 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 (d) Upon full payment of the charge assessed against any property, or in the event the lien is placed on the property through error, the director of inspection and code enforcement is hereby authorized to execute, for and on behalf of the city, a written release approved in each case by the legal department. (e) Upon compliance with an order of the city magistrate to secure, repair and maintain a swimming pool or open excavation, the department of inspection and code enforcement shall be and is hereby authorized to execute a written "notice of compliance" setting forth the date the notice of compliance is issued, the date the city found such premises was found to be in compliance with the order. (f) A fee shall be imposed for such release of lien provided hereunder in an amount to be fixed by the clerk of court. Adding cost to ad valorem tax bill (a) In addition to any other provisions of law regarding collection of costs for work performed pursuant to this article, if payment is not received within thirty (30) days of the original invoice date, the city may, at its option, proceed to adopt an ordinance levying the charges for such work plus fifteen (15) percent collection charges as an assessment to be added to the annual ad valorem tax bill of the premises or property involved. (b) The sheriff effecting collection shall be reimbursed fifteen (15) percent of the amount of such charges actually collected from the proprietary party and/or owner of the premises or property involved. Violations; penalty for disregarding or removing notices or orders (a) The owner of any premises containing dangerous swimming pool or open excavation who shall fail to comply with any order to secure, repair and maintain said swimming pool or open excavation by any person authorized by this article to give such order shall be guilty of a misdemeanor. (b) The occupant or lessee in possession, who fails to comply with any order issued under this article, and anyone having an interest in said premises as shown by the mortgage and conveyance records of the parish where the land is located, and under a legal duty to secure, repair and maintain said swimming pool or open excavation, and who fails to do so in accordance with any order given as provided for in this article, shall be guilty of a misdemeanor. (c) Any person removing any notice provided for in this article shall be guilty of a misdemeanor. (d) Each day that any violation of the above subsections continues shall constitute a separate offense. (e) Violation of any of the above subsections shall be punishable as provided in the Gretna Code of Ordinances, Section 1-8. General penalty; continuing violations. Emergencies and disclaimer of liability (a) In cases where it reasonably appears that there is immediate danger to the health, life or safety of any person unless a dangerous swimming pool or open excavation, as defined herein, is immediately to secure, repair and maintain said swimming pool or open excavation, if the director finds that there is in fact an immediate danger to the health, life or safety of any person unless the swimming pool or open excavation is immediately secured, repaired and maintained, he shall cause the immediate steps to be taken to make the premises safe, without any requirement for notice to the owner or interested parties in advance. Making the premises safe may include draining the swimming pool or open excavation, and having three (3) inches to four (4) inches diameter hole be cored for each one hundred (100) square feet of pool area; such cored holes shall be uniformly distributed along the bottom of the pool along the deepest part (longitudinally)and then have the pool filled with course sand as to facilitate quick permeation (drainage), in order to prevent the pool from becoming a breeding area for mosquitoes, and to prevent the site from being a drowning hazard. Page 20 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 (b) In cases where such emergency work is performed, the city shall not be liable for any costs associated with restoring the swimming pool or open excavation at a later date. (c) Nothing in this chapter shall make the city responsible in any way for action of other persons or firms or corporations, or for any damages sustained by any person as a result of any swimming pool or open excavation existing on private property in violation of the provisions of this chapter. Reserved. Provided that a majority of the City of Gretna Council have voted in favor of this ordinance, this ordinance shall have the full force and effect of law at midnight on the tenth day following the Clerk’s presentment of the same to the Mayor, in accordance with Louisiana Revised Statutes 33:406(c)(2) unless the Mayor returns the same, unsigned, to the Clerk during that ten-day period. Citizens addressing the Mayor and City Council: A Lafayette Street resident addressed the Mayor and City Council regarding garbage and trash and shopping carts violations. The resident stated that the 3400 block of Hero Drive was constantly violating the garbage ordinance by leaving garbage containers on public property. Complaints were called in to the city and the Code Enforcer ignored the complaints. The resident stated that, for the first time, as of today, 3400 block of Hero Drive was not violating the garbage ordinance. The resident emphasized that they would continue to attend open meetings to complain of violations. The resident stated that the city was moving forward in a direction that provides a good environment and the quality-of-life they choose. The resident emphasized that shopping carts were being removed off private property and left on city property. The resident stated to Mayor Harris that he held him accountable for providing basic services. Chief Lawson stated that the shopping carts situation had increased. The city would pick up shopping carts and bring to the city yard and had them crushed, this action gave the shopping cart owners an incentive to go out and retrieve their own shopping carts. Mayor Harris stated that the Parish had an ordinance with regards to shopping cart fines. Mr. Mike Chopin, City Engineer provided a status report on current Citywide Projects: 4th Street Extension We are in the process of addressing the plan in hand comments. We have received all of the comments from the Louisiana Department of Transportation and Development (LADOTD). Advanced check prints will be provided to the LADOTD for their review in late July to earlier August (pending geometric meeting with LADOTD). Governor Hall Connector We are currently working with the LADOTD to get this project added to the 4th Street Extension. A meeting between both the New Orleans Regional Planning Commission and the LADOTD needs to take place. The Administration is moving forward with both the Phase I Environmental Assessment and purchase of the “Y” property. Gretna Downtown Drainage (Courthouse Drainage) All work is complete with exception of the striping of Dolhonde Street at 4th Street and the no parking lane in front of the jail. Gretna Amphitheater The architect has completed the required revisions to the drawings based on the comments received from the Corps of Engineers during the permit process. Revisions included raising the levee to meet the future design grade and all of the subsequent changes required in the Amphitheater structure to meet the new grades. Councilwoman Constant asked what was the status of the Gretna Amphitheater. She expressed concerns of losing funding if construction does not begin by the end of this year. Page 21 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 Mr. Chopin replied that the architect has received comments from the Corps of Engineers regarding the height of the levee. In the preparation of the permit process drawings, it was determined by the Corps of Engineers that they would raise the height of the levee by a foot within the next five to ten years. Instead of constructing the Amphitheater only to have it destroyed, revisions were made to the drawings. He met with the architect as late as yesterday afternoon to review his revisions and would forward the revised drawings to the Corps of Engineers for their final approval in order to get the permit approved. The revised drawings included the levee lift. Mr. Chopin emphasized to the Council that now there is a levee included, there was a chance that additional comments would be received because it would involve tampering with the levee. There was a mass analysis done to investigate the stability of the levee and all those factors of safety were met, but now the city has to wait on their approval prior to the city bidding the job. The timeline for this proposal rested on the Corps of Engineers, and maybe within a month or two everything should be resolved. Mayor Harris stated that the funding aspect for the construction of the Amphitheater should be considered. He spoke to Councilman Roberts who indicated to him that he had funds for this project, but the original budget was a lot higher than the available funding at this time. This matter needed to be discussed further in order to find additional funding. Historic Street Lighting All work on this project is complete and a final walk through was held. The only remaining item will be the Engineer’s (Huseman and Associates) review of the as-built drawings. City Hall Generator (No Change) The Engineer (Huseman and Associates) has provided 90% complete drawings and specifications for the project. Until the space utilization plan is complete for both City Hall and the Annex building, the project will be on hold. This is necessary to ensure that the required electrical room does not conflict with anticipated office space. Councilwoman Beevers asked if this was the generator to be used in case of emergencies and hurricanes. Mr. Chopin replied stating that this was a permanent generator for the facility. Years ago, during Budget hearings it was agreed to get cost prices on the generator. At this time are waiting for funding to be available to construct it. City Hall Space Improvements The Architect (Koch-Wilson) has provided a draft report to the Administration with recommendations. Water and Sewer Plants – Chlorine Rooms We will start the bidding process for the Sewer Plant Chlorine Room project this month. Based on the results of those bids, we will then begin the design of the Water Plant Chlorine Room. Mel Ott Multi-Purpose Center (No Change) The Architect (Burgdahl and Graves) has been asked to begin the development of the plans and specifications. Racetrack Detention Basin (No Change) In order to begin the design of the basin, additional information is required from the Surveyor (BFM Corporation). They are in the process of preparing this information and we will begin the design upon the receipt of the final survey. New Garden Park Detention Basin (No Change) We are addressing in-house comments on the report and will provide a copy to the Administration for their review in the near future. New Garden Park Street Lights – Phase II The Electrical Engineer (Huseman and Associates) will complete the plans and specifications by the end of this month. Pending any comments, the project will then be advertised for bids. Councilwoman Beevers stated that she had trouble trying to get in touch with Huseman and Associates, Electrical Engineers. She stated that she had not received cost estimates for this project. Councilwoman Beevers stated that she was informed that city administration received plans from Huseman and Associates on Friday. Page 22 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 Mr. Chopin stated that he had located a copy from the original work that was done and would be happy to forward this information to Councilwoman Beevers. Mayor Harris stated that the plans were 80% complete. They were enough to see the conflicts that would arise regarding driveways. Mr. Chopin stated that the final drawings should be ready by the end of this month and he would e-mail the necessary information. Needed maps showing where lights were placed. Mayor Harris stated that Councilwoman Beevers, Councilman Rau and himself sent a letter to the neighborhood to respond to concerns regarding the lighting in New Garden Park. The city realized that there were deficiencies and breakdowns and assured that the city was attempting to have them fixed, the system was quite old. The letter sent out explained what the first cost estimate was pre-Katrina and revealed the phases, and because the first cost was not affordable, the project divided into phases and began planning. Since then, the prices have increased. First Phase has been completed, on that side of Gretna Boulevard and the Second Phase plans are almost complete. There were still four phases, cost breakdown information was included in the letter. The residents that were affected by the old lighting would be receiving that letter tomorrow. Post Office Renovations This project is complete and was accepted earlier tonight. FEMA Repairs to the City Hall Building and the Memorial Arch The Construction Contracts have been prepared by the Architect (Koch and Wilson) and are being circulated for signatures prior to the pre-construction meeting. Madison Street Improvements (Americus Street to Cook Street) We have requested a proposal from the Surveyor to provide the topographic maps that will be used to generate the plan drawings. Upon receipt of the proposal, we will forward it to the Administration for their approval prior to authorizing the survey. Franklin Street Closure We have requested a proposal from the Surveyor to provide the topographic maps that will be used to generate the plan drawings. Upon receipt of the proposal, we will forward it to the Administration for their approval prior to authorizing the survey. In addition, the Surveyor will provide a property boundary map to define the roadway right-of-way. 25th Street Canal – Phase II We have a meeting with the Jefferson Parish Drainage Maintenance Contractor set up for Monday, June 16, 2008 to gather current pricing and to determine the layout for the flume. Reports by Police Department: No statistic report Chief Lawson stated that at last month’s meeting parking meters were discussed; he therefore asked what directions the city had taken on this matter. Chief Lawson wanted to clarify that in his statement made last month, it was not his intentions to have all the parking meters removed in the city. He meant that it was time to look into the entire Downtown area as to whether to keep parking meters throughout the entire area because there were concerns of aspects of business parking. The newspaper article implied that presently the meters were not being enforced and would the 2-hour parking sign be enforced. Chief Lawson stated that he would not assign officers to enforce parking meters, but if the city was interested in re-instituting the a meter reader to enforce the meters full time, then the city should instruct him so that he could provide the cost for a meter reader. He firmly believed that there were still problems with parking meters. He asked for directions as to what to do and the city would be provided with the cost for a full time meter reader at this time. Mayor Harris stated that the letter he sent to Chief Lawson and carbon copied to the Council, indicated that the parking meters situation should be discussed in depth along with the re-designation of the downtown area to handle the business community. The meters do have a substantial effect on the city’s budget. Last year $100,000 was budgeted and $109,000 was collected. The Public Works Department does collect on a regular basis, but in the high volume area, a second collection was scheduled. He was provided with a report from the Public Works Department for the entire year with the amount of meters that were at any time broken. He would provide Chief Lawson with a copy. Page 23 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 Chief Lawson stated that maybe the city could institute a policy because he was concerned that if the meter breaks, they should be covered with bags/sacks to let people know the meter is out of order and people are not ticketed on a broken meter. Mayor Harris rebutted stating that when a parking meter is reported broken, it is reported to Public Works Department, something is being done. Mr. Danny Lasyone informed the Council that it was discovered that in the areas of City Hall and the Courthouse before collection on Wednesday, the meters were filled, which was causing the jam. The situation was remedied by making a Monday collection and a Wednesday collection in those areas. Miss Danika Gorrondona, Building Official/Regulatory provided the following departmental report: Department of Building and Regulatory For the fiscal year 2008-2009 Building Permit Statistics: 2008-09 Apr thru May Revenue Analysis Permits Fees Budget Apr thru May $8,304 58% $5,405 143% $2,981 340% $2,045 $2,045 $3,360 -39% $840 143% $6,666 -5% $5,462 16% $1,952 225% $17,015 26% $ 4,487 $14,228 51% $7,273 $5,773 272% $15,729 % Increase Electrical Fees 0% $6,345 % Increase Revenue 2006-07 Apr thru May $13,112 % Increase Plumbing Fees 2007-08 Apr thru May $21,502 % Increase Amt Increase Regulatory & Building Statistics: 2008-09 Apr thru May Expense Analysis Grass Cutting Cost Budget Apr thru May $8,298 % Increase Demo & Securing Cost % Increase $8,334 $3,742 122% $20,834 -96% $1,174 -30% 0% $825 2007-08 Apr thru May Other Issues: Total number of residents that visited the Department was 195. Total number of permits issues in May-08 equaled 58. Electrical Licenses thru May-08 Collected $1,282 Plumbing Licenses thru May-08 Collected $ 1,387 Mr. W. J. LeBlanc, Jr., Blight Coordinator provided a report as follows: Trailers: Ten trailers remaining in the City of Gretna, Six trailers are on the deactivated list, waiting to be pick up by FEMA. Three trailers were of concern to the Council that had not been picked up (1 on Whitney Avenue, 1 on Mason Avenue and 1 on Creagan Street), which have been deactivated and removed today. Three trailers were considered to be illegal where the owners are actively working on their homes approaching completion of the repairs from the storm. With the exception of the trailer on Jefferson Street, all of the trailers would be removed from the city by the end of the summer. Page 24 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 Shopping Carts: Mr. LeBlanc stated that he met with Mr. Danny Lasyone, Public Works Director because he had noticed and wondered why city crews were not picking up the shopping carts. He was informed that one employee would be devoted to make one sweep of the entire city just for the pick up of shopping carts. There was also discussion on issuing citations, but the violators have to be caught in order to cite them. The issue is to collect these shopping carts and get them off city streets. He pointed out that when Regulatory personnel are out on the streets, they usually call in abandoned shopping carts to the Streets Department so they can send someone to pick them up. Mayor Harris stated that with regards to the shopping carts problem, the city needed to figure out what options were available in order to address this problem. Grass and Trash Complaints: Mr. LeBlanc stated that the city’s Website was receiving the complaints regarding violations of tall grass and trash. He personally was addressing those complaints making sure that community policing addresses them. Some of the complaints are placed on the city’s priority list. He encouraged everyone to use the website to place their complaints. Councilwoman Constant stated that last month the use of the Jefferson Parish Environmental Court was discussed. Mr. LeBlanc stated that he met with members of the Jefferson Parish Environmental Court. They have offered the use of their forms and any other support that they could in the event that the city wanted to use the Environmental Court. They spoke very highly of this process. Abandoned Structures: Mr. LeBlanc addressed abandoned city structures. He stated that he needed direction from the Council in order to move forward. He would prepare and make sure there are procedures implemented to begin forwarding cases to be handled through Environmental Court. Mr. LeBlanc pointed out that there were two properties, which he would be discussing with the City Attorney tomorrow, pertaining to swimming pool violations, which could not be enforced due to the lack of proper legislation. Tonight the swimming pool regulations ordinance was adopted, which could be a tool in Environmental Court. The Court would then give the city the authority to drill and fill those swimming pools that are causing the city a problem. The swimming pools issue had been the subject of numerous complaints for several months. The city was trying to aggressively attack chronic complaints. Damaged buildings: Mr. LeBlanc pointed out a problem property that existed on Monroe Street, which was an old abandoned two-story structure, that structure had been demolished. The city was trying to place emphasis on those types of properties. The Building Official was continuing the inspection on all of these types of structures. As the inspections are completed, those structures the Building Official deemed worthy of demolition, he would then urge the Council to be handled through Environmental Court. This process would have no financial adverse effect on the city because they do not generate any fee producing citations. By handling it this way the city would only be shortening the process because as people are filing more appeals through the initial Notice to Abate, which goes through the Board of Adjustments & Appeals and then that appeal would then go to 24th District Court. Through Environmental Court, it would be more efficient and timesaving. On motion by Councilwoman Beevers and seconded by Councilwoman Constant, IT WAS RESOLVED to direct the city to refer any and all environmental issues or related matter to be handled through the 24th District Court, Environmental Court, Division “J” when appropriate, subject to first notifying the Council member in that district and subject to the approval of the City Attorney, and the same were unanimously approved. Councilwoman Constant asked at what point does a demolition become an environmental issue because there are existing situations throughout the city. Councilman Bolar stated that he had no problem with such a motion, but he would like to be involved and made aware of a problem before the property is forwarded to the Environmental Court. Mr. Mark Morgan, City Attorney clarified that all environmental issues were broad, it was his assumption that the city still wanted the municipal court to handle violations for trash/grass cutting. Page 25 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 Mr. LeBlanc replied to Mr. Morgan that for the most part he would specifically be handling demolition and swimming pool issues. Mayor Harris asked if this action would require any written documentation for ordinance purposes or would it be strictly a directive to the City Attorney. Mr. Morgan replied that it would be strictly a directive. Grass Issues: Mr. LeBlanc stated that he rode the city with the Regulatory Officer who knew and pinpointed the chronic violators for high grass violations. He informed there would be one more round of letters that need to go out that would suffice for the calendar year. Once those letters go out, every one of the problem property owners would be notified by mail, which would then release the city of the obligation to notify them in the future. In the future, if it becomes a violation, the city would go in and cut the grass then send the bill to the property owner. If the property owner does not pay the grass-cutting bill then the bill would be placed on their tax bill. He informed that Mayor Harris requested Trudy to develop a system whereby she covers the entire city once a week to make sure she constantly monitors the vacant lots. He informed that there were not just vacant lots; there were also properties with homeowners in there that needed to get the letter as well. The city was trying to stay abreast of the grass that obviously grows when it rains, so it becomes harder to monitor but believed they had a system in place to help. Mr. LeBlanc also reported that there was an ordinance that required signs and the structure supporting those signs to be removed once a business had gone out of business. He informed that the city had numerous derelict signs throughout the city. Mayor Harris instructed the Regulatory Department to prepare an inventory of all the derelict signs, which had been completed. Chief Lawson had offered his department through Community Policing that on those buildings that there is a viable business there, to send a police officer to the business, show them a copy of the ordinance, and ask them if they would comply. If they do not comply, they would be cited, which would help the Regulatory Department. On those situations where there is a business empty and closed, contact those responsible through certified mail and address the violation with them. Councilman Bolar asked if the sign at the old Shape Spa was addressed. Mr. LeBlanc stated that the owner was sent a letter to abate the sign and stated that they would have the sign removed within the 30-days allotted time. If the sign were not down by such a date, Mr. Gauthreaux would proceed to have the sign removed and bill the responsible parties along with administrative cost. Councilwoman Beevers stated she had a problem with the railroad and asked that he handle that problem. The railroad has construction material at Marie Drive and the other was the area behind the Westside Shopping Center north, which looks like a garbage dump on the railroad right-of-way. Mr. LeBlanc stated that it was the railroad’s responsibility to clean up because it was on their property. Mayor Harris and himself would meet to determine whether to meet with them to get their cooperation in cleaning up the areas. He stated that a Notice to Abate would be sent to the railroad company. Mr. Danny Lasyone, Public Works Director provided the following departmental status report: DISTRICT 1 Asphalt work completed on Hancock Street from Kepler to Burmaster Streets and Kepler and LeBoeuf Streets by the doughnut shop. Repaired a 15 in. drain line at 1406 O’Connor Street and a rollover grate installed at 1127 Cook Street. DISTRICT 2 Kass Bros. and Riverwest Construction have completed various concrete repairs. New catch basin was installed at Lafayette Street and 11th Street by the Red Maple Restaurant. City crews and temporary help are currently cleaning WPA ditches district wide. Page 26 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 District 3 Hero Drive improvements are completed. Street striping is scheduled for June 14 on Mason Street and asphalt repairs were completed at 25th Street & Huey P. Long Avenue and 25th Street and Stafford Street. District 4 Concrete work has been completed at 101 Creagan Avenue, 178 & 162 Willow Drive, 64 Derbes Drive and Bruno Street and Creagan Avenue. Drains have been cleaned in New Garden Park and street striping is scheduled at Creagan Avenue in curves on June 14. DISTRICT 1 -Kepler and LeBoeuf Streets milled and asphalted (completed) -Hancock Street from Kepler Street to Burmaster Street milled and asphalted (completed) -Asphalt repairs completed at Carricox and Rupp Streets and Isbell Street & Hancock Streets -Installed new catch basin at 1406 Cook Street -Virgil Street Pond scheduled to be checked for stocking on 06/16/08 -Burk-Kleinpeter preparing engineering specs to stripe Hancock Street from Kepler to Burmaster Streets -Various utility repairs completed on Cook and Hancock Streets and Porter and Hancock Streets. -Neutral ground maintenance (ongoing) -Maintenance on canals (ongoing) -Street sweeping maintenance (ongoing) -Repaired 15 in. drain line at 1406 O’Connor Street tee broken under drop inlet -Installed rollover grate at 1127 Cook Street -Palfrey and O’Connor Streets Parks and Tot Lots cut and trimmed -Cut and trim around all stop signs, light poles (ongoing) -WPA Ditches are scheduled to be cleaned on June 17, 2008. DISTRICT 2 -Vactor truck blew drain lines on Lafayette Street from 8th to 11th Streets. -City crews and temporary help are clearing WPA ditches and cutting grass around the downtown area and 2nd Street (ongoing) 3rd Street and 4th Street (completed) -Various asphalt repairs scheduled 4th Street and Amelia Street and 420 & 422 2nd Street -Neutral ground maintenance (ongoing) -Parking meter maintenance & coin collection twice a week Monday & Wednesday (ongoing) -Mucked out ditch on Washington Street and cleaned out pipes under driveways with vactor truck -Radio repeater building installed at Public Works yard, waiting for installation of radio equipment by Tomba Communications and generator being installed by Heritage Electric (ongoing) -Street sweeping maintenance (ongoing) -Maintenance on canals (ongoing) -Installed new catch basin at Lafayette and 11th Streets on 11th Street (ongoing) -Various concrete repairs completed by Kass Bros. Construction DISTRICT 3 -Hero Drive improvement (completed) -Street striping scheduled for Mason Street in curves on 06/14/08 -25th Street and Huey P. Long Avenue, 25th and Stafford Streets asphalt repairs completed -Various asphalt repairs scheduled on Rose Drive & 25th Street -Various concrete repairs (ongoing) -Various utility repairs (ongoing) -Neutral ground maintenance (ongoing) -Street sweeping maintenance (ongoing) -Maintenance on neutral grounds (ongoing) -Maintenance of drainage system with vactor truck, on the following streets: 21st Street from Lafayette Street to Hero Drive, 23rd Street from Huey P. Long Avenue to Hero Drive (ongoing) -Cut and trimmed the observatory and nature trail -Maintenance on 25th Street Canal (ongoing) Page 27 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 DISTRICT 4 -101 Creagan Avenue concrete repairs (completed) -74 Creagan Avenue repair to drop inlet (completed) -Various concrete repairs completed at the following addresses: 178 & 162 Willow Street and 86 Marie Drive -Various utility repairs at the following addresses: 64 Derbes Drive, 97 Creagan Avenue and Bruno Street and Creagan Avenue (completed) -Mel Ott Park recreational improvements (ongoing) -Neutral ground maintenance (ongoing) -Maintenance on drainage system with vactor truck in New Garden Park and Tulip and Azalea Drives (ongoing) -Street Sweeping maintenance (ongoing) -Street striping scheduled for Creagan Avenue in curves on 06/14/08 -Cut and trim Governor Hall Canal from Westbank Expressway to Gretna Boulevard (ongoing) CITYWIDE -Sign maintenance -Drain maintenance -Grass cutting -WPA ditches cleaning in Districts 1 and 2 with city crews and temporary help -Art Walk, BMX event and the Boy Scout event preparations (completed) -Cut and trimmed Observatory and field for Boy Scout event (completed) -Weekly sweeping of walking path on levee -Pickup of grocery carts weekly Councilman Cox requested that the detention ponds be cleaned due to the hurricane season. Mr. Mike Baudoin, Public Utilities Director provided the departmental status report: Repairs to the Gretna Boulevard Water Tower have been completed and the leakage stopped. New valves have been installed that will give full function of the tank without any disruption to water service at anytime when maintenance is required. The tank was back in service today and was functioning properly. Preliminary inspection results conducted by the contractor indicated that the tank was in need of further renovations, which must be addressed in the near future. The contractor would be supplying a final detailed report to the city within the next two weeks. Recreation Superintendent: None Alcoholic Beverage application for El Paso Restaurant, 2005 Belle Chasse Highway - Xiomara Lujan Lopez, Applicant On motion by Councilwoman Beevers and seconded by Councilman Cox, IT WAS RESOLVED to approve a Liquor License application for El Paso Restaurant located at 2005 Belle Chasse Highway, and the same was unanimously approved. Councilwoman Constant asked the Building Official what was the status of the situation at 76 Willow Drive. She stated she had received four complaint calls and she would like the Police Department to be aware of the physical fistfights in front of the residence and witnessed by multiple neighbors. This residence is located at the corner of 11th Street and Willow Drive. There were multiple residents living in the house. She stated she drove by and noticed nine huge empty trash cans on the side of the house and counted six cars (3 cars on the side yard and 3 cars in front of the residence). Page 28 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 Chief Lawson stated that they had a history of arrests. Councilwoman Constant in addition stated that she received complaints regarding 30 Huey P. Long Avenue. She stated that since repairs had been made to the street, there was no yellow stripping and large trucks cannot make the turn onto Third Street. She requested the Public Works Department to stripe the street and place the proper signage on Third Street. The City Engineer was requested to review the parking situation on both sides of Third Street. Councilwoman Beevers stated that she had been having difficulties obtaining information and in speaking with the electrical engineers who have stated that they must have approval from the Mayor in order to speak with her. She stated that she had requested cost estimate on the Garden Park Lighting Project. She expressed that if it deals with a concern or project in her district, she would like to be provided and informed directly with information she requested. She expressed she had no problems in the city administration receiving a copy, but she needs to be kept well informed. In addition, Councilwoman Beevers stated that Garden Park had problems with lighting but thanks to Representative Templet and the City Council, funding was received and were able to do lighting in a section of Garden Park. She stated they have a plan in place, trying to finish five additional phases. Unfortunately, there had been setbacks due to Hurricane Katrina. Since the hurricane, there had been consistent problems with the lights. She had received complaints from residents that are going to other areas to do their walking. She expressed that the Council should look at the infrastructure of the city and start making it a top priority because its people’s lives being in danger of being mugged or raped at their property. She expressed that as a citizen and resident of Gretna, the lighting in Garden Park should be one of the top priorities if FEMA was willing to give the money. She stated that the city must use FEMA, Capital Outlay or the overflow money from the Boomtown Casino Funds to use those monies to protect the citizens and their property. Councilwoman Beevers stated that since she was the newest member on the Council she did not know the procedures during a hurricane evacuation in the City of Gretna. She stated she was aware the city had generators sitting uninstalled since Hurricane Katrina. She asked who was in charge of the city’s evacuation plan and where does the city go in order to keep the city up and in operation. Mayor Harris stated that the city’s administration had been meeting on a regular basis putting together all the departments and their responsibilities. Specifically regarding the generators, Mr. Lasyone and himself had been meeting with regards to the testing of the generators, the Police Department and the Public Utilities Department have been conducting weekly testing on the generators. Mayor Harris informed that the plan was to call a special meeting of the City Council in order to provide the entire plan. The plan includes when the hurricane season begins, a monthly aspect and when a storm event occurs. There were a number of hourly checkpoints, in addition to what happens during a storm and a post storm event. The administration had been meeting on a regular basis and would make a report to the Council and request a special meeting to talk strictly of hurricane preparedness. There was also discussion on the possibility of a satellite City Hall and that was one of the reasons a resolution was adopted on the check signing. The city has also discussed the essential personnel, as to who stays, who goes and who comes back. The hurricane season was here and the city certainly does have many concerns especially with what happened during Hurricane Katrina. It could certainly be worse or less but the city does have the proper precaution in place prior to any hurricane event. Regarding the comments made by Councilwoman Beevers of lighting in Garden Park and dedicating the city’s efforts to the infrastructure throughout the city. She pointed out that presently the city has 17 projects are presently ongoing. The city’s priority was the infrastructure, but as everyone knows the competition for dollars to be put into sewer, streets, recreation, which was a constant decision battle every budget year. The lighting in New Garden Park, the city had a contractor Heritage Electric, his staff had been meeting with the contractor on a regular basis. The contractor has gone out and corrected many of the lights. There have been a massive failure in the areas of Linda Court and Smithway Drive and that particular project would cost approximately $8,000 for a jack and bore under street in order not to disrupt the neighborhood. The initial aspect of the lighting Phase I and II, working with Councilwoman Constant and Councilman Templet at the time, the excess funds were separated in the street funds and addressed it to Capital and that was how Phase I, which included Areas 1 and 2 on that side of Gretna Boulevard. Phase 3, was determined last December as to where the location was and that is what the engineer has the plans for. So therefore, the city was moving forward, and believed that the city needed to make sure everyone understood the city’s priorities. Page 29 of 30 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Wednesday, June 11, 2008 Mayor Harris informed the Council that Representative Templet had been very successful with his House Bill 934. He successfully got the bill through the House Local and Municipal Affairs Committee. The Appropriations Committee staff advised that they fully expected the bill to be killed there because the State was not looking for new programs. He explained that this bill was a Blight Elimination Bill, which would create a Revolving Loan Fund to address blight for communities statewide. The Appropriations Committee objections were overcome and reported favorably out of Appropriations and it passed the House floor last week. Tomorrow he would testify to the Senate Local and Municipal Affairs Committee and certainly hoped he would meet with success in the Senate. On motion by Councilman Bolar and seconded by Councilwoman Constant, IT WAS RESOLVED that the Mayor and City Council go into Executive Session at 7:40 p.m. and the same was unanimously approved. The Mayor and City Council reconvened from Executive Session at 8:00 p.m. Mayor Harris reported that a legal status was provided at the Executive Session, there was no action needed to the taken by the Council. On motion by Councilman Rau and seconded by Councilwoman Beevers, IT WAS RESOLVED to adjourn the City Council regular meeting at 8:01 p.m., and the same was unanimously approved. /S/ AZALEA M. ROUSSELL, CMC CITY CLERK CITY OF GRETNA STATE OF LOUISIANA /S/ RONNIE C. HARRIS MAYOR CITY OF GRETNA STATE OF LOUISIANA A TRUE COPY: /S/ AZALEA M. ROUSSELL, CMC CITY CLERK Page 30 of 30