November 13, 2013 The Mayor and Council of the City of Gretna met this day on Wednesday, December 11 , 2013 at 5:30 p.m., in Regular Session with the following members present: Mayor Belinda C. Constant; Council Members: Jackie J. Berthelot, Milton L. Crosby, Joseph A. Marino III, Mark K. Miller and Wayne A. Rau. Absent: None. Opening Prayer/Pledge of Allegiance Councilman Rau offered a prayer upon the opening of the meeting and the Pledge of Allegiance of the United States of America was recited. Approval of Minutes On motion by Councilman Rau and seconded by Councilman Crosby, IT WAS RESOLVED to approve the minutes of the November 13, 2013 Council Regular Meeting, and the same were unanimously approved. Opening Remarks by the Mayor. Downtown Parking Concept Mayor Constant informed the city had a public meeting a month ago regarding the Downtown Parking Concept that will be returning to Downtown Gretna. We have established most of the criteria that we are going to be using relative to hours of operation, time, and procedure and will be further discussed at a public hearing on Monday, January 6, 2014. We will inventory businesses and personnel, and residences from 4th Street to the levy and immediately after the adoption at the Council meeting on January 8, 2014 enforcement will begin with courtesy notices for the remaining of the month of January and violation notices beginning February 1, 2014. Appointments by the Mayor Mayor Constant continued upon assuming office on July 1, 2013 the appointments of the administrative staff were made temporarily until permanent appointment would be made for office beginning January 1, 2014. She publicly thanked fellow Council members for allowing her the opportunity so that she could take the last several months to put together and reorganize the team of people here at City Hall that will be working together for the course of this term. Mayor Constant announced that the appointments are all permanent appointments and the administrative staff in place now will remain in place and considered permanent effective January 1, 2014. Presentations: Mayor Constant informed the city lost Captain Dennis F. Dunn in the last week and this resolution was In Memoriam of Captain Dennis F. Dunn; however the formal presentation will be rescheduled until the January 8, 2014 Mayor and Council Regular Meeting. GEDA – Art Walk Miss Ann Carmon in representation of the Gretna Art Walk presented the City of Gretna with a donation of $10,000 for the work being done to the Children’s Playground by Heritage Square. Mayor Constant and Council conveyed appreciation for the donation. Councilman Marino added there will be benches and garbage cans in place and are working on the last piece, the addition of a piece of equipment, which will be for the younger children and that the sidewalk and street around the playground will be repaired immediately. Mayor Constant acknowledged Miss Ann Carmon who has been a volunteer of the Gretna Art Walk since 2005 and to this date the donations amounted to about $25,000 as well as Councilman Marino and Miss Janeen for their friendship and for what they have done for the City of Gretna. Farmer’s Market – Mr. Ernie Elfer’s presentation was re-scheduled for the January 8, 2014 Council meeting. Page 1 of 24 November 13, 2013 Gretna R.E.A.D.Y. Miss Jennifer Cheramie on behalf of Gretna R.E.A.D.Y a non-profit organization that has been accepting donations for many different causes happening in the city and had been accepting donations for the Centennial Celebration and presented the City of Gretna with a donation of $2,000 for the Centennial Celebration throughout the city. Mayor Constant informed the city also received a donation today of $4,000 from the Timberlane Country Club Centennial Golf Tournament to put toward the expenses of the Centennial Celebration and thanked Miss Cheramie for their hard work and was well appreciated. New Business Recognition: Scooters To Go, LLC (816 Rupp Street): Councilman Crosby presented a Certificate of Appreciation to welcome Scooters To Go, LLC as a new business to the City of Gretna. Miss Doneseia Magee thanked the City of Gretna for welcoming their business into the community; she explained the business specializes in motor scooters; motorcycle and scooter apparel; custom embroidery and T-shirts in the biker community. Gretna Depot Café & Spirits (326 Huey P. Long Avenue): Councilman Marino presented a Certificate of Appreciation to welcome Gretna Depot Café & Spirits (326 Huey P. Long Avenue) for reopening as a new business to the City of Gretna. Mr. Sean representing Gretna Depot Café & Spirits thanked the City of Gretna for their support and for welcoming their new business into the community. Creative Film Connections Inc. (1005 Anson Street): Councilman Crosby presented a Certificate of Appreciation to welcome Creative Film Connections Inc. as a new business to the City of Gretna. Councilman Crosby presented a Certificate of Appreciation to welcome Creative Film Connections Inc. (1005 Anson Street). Miss Tricia Scott, Owner thanked the Gretna community, Mayor Constant and Jefferson Parish for the community support and enthusiasm. Her business is a prop house with medical and furniture props which are rented out for featured film and television series all over the United States and they are expanding quickly. They have increased their overall space to 40,000 square feet this month and plan to have the entire building. They want to increase the revenues for Gretna by bringing in the filming industry more to Gretna and not just New Orleans. Miss Scott invited the Mayor and Council members to the Creative Film Connections Inc. grand opening on Thursday, January 16, 2014. NOLA Recycled (600 Magellan Street), A Community Approach to Care (625 Franklin) or Crescent City Cross Fit (641 Gretna Boulevard) were unable to attend. Employee of the Month: Gretna City Hall – Miss Norma Jean Cruz; Public Utilities – Mr. Larry James and Public Works – Mr. Leo Washington to whom Mayor Constant expressed gratitude for their dedication and loyalty throughout their years of service to the City of Gretna. Event Requests: Jefferson Parish Rabies Day at Mel Ott Park – Sunday, April 13, 2014 from 1:00 p.m. to 5:00 p.m. On motion by Councilman Berthelot and seconded by Councilman Rau, IT WAS RESOLVED to approve the request for Jefferson Parish Rabies Day at Mel Ott Park – Sunday, April 13, 2014 from 1:00 p.m. to 5:00 p.m., and the same was unanimously approved. Krewe of Grela - King and Queen Party, Thursday, February 13, 2014 On motion by Councilman Rau and seconded by Councilman Crosby, IT WAS RESOLVED to approve the request for Krewe of Grela - King and Queen Party, Thursday, February 13, 2014 pending receipt of all necessary paperwork, and the same was unanimously approved. Reports of City Committees Historic District Advisory Committee: Miss Danika Gorrondona, Building Official requested to change the order of the listed properties to be placed under their respective district; therefore changing the order of the properties as listed on the agenda. Page 2 of 24 November 13, 2013 District One 1. 935 Madison Street – HDAC recommended favorable approval with modifications. For: Handicapped ramp – Glenn Green, Owner (District 1) 2. 1030 Monroe Street – HDAC recommended favorable approval as submitted. For: Renovations – Harry Cagle, Owner (District 1) On motion by Councilman Crosby and seconded by Councilman Rau, IT WAS RESOLVED to accept the favorable recommendation by the Historic District Advisory Committee and to approve the applications of (1) 935 Madison Street for handicap ramp and (2) 1030 Monroe Street for renovation, and the same were unanimously approved. District Two 3. 520 9th Street – HDAC recommended favorable approval with modifications. For: Porch and step handrails – Ryan and Nori Lamy, Owners 4. 920 Derbigny Street – HDAC recommended favorable approval as submitted. For: Shed demolition in rear yard – Frank Flanagan, Owner 5. 305 Huey P. Long Avenue – HDAC recommended favorable approval with modifications. For: Changing windows, add porch addition with railing & build rear addition- Bill & Sylinda Ward, Owners 6. 406 Lafayette Street – HDAC recommended favorable approval as submitted. For: Signage – Tan Nguyen, Owner 7. 509 Newton Street – HDAC recommended favorable approval as submitted. For: Removal of 8 windows (side and rear of structure) – Terry Talamo, Owner On motion by Councilman Marino and seconded by Councilman Rau, IT WAS RESOLVED to accept the favorable recommendation by the Historic District Advisory Committee and to approve the applications of (3) 520 9th Street for porch and step handrails; (4) 920 Derbigny Street for shed demolition in rear yard; (5) 305 Huey P. Long Avenue to change windows, add porch addition with railing & build rear addition; (6) 406 Lafayette Street for signage and (7) 509 Newton Street for removal of 8 windows (side and rear of structure), and the same were unanimously approved. Variance Requests: 1. 1601 LeBoeuf Street- Zachary T. Mouton, Owner-Applicant Fence around property to property line - (District 1) At this time Mrs. Azalea Roussell, Planning and Zoning Coordinator requested that this matter be considered after the listed requests for rezoning and resubdivision are considered by the City Council. 2. 305 Huey P. Long Avenue – William and Sylinda Ward, Owners Side yard variance. (District 2) Mrs. Azalea Roussell, Planning and Zoning Official reported on the rezoning request for the December 11, 2013 meeting for 305 Huey P. Long Avenue as follows: Municipal Address: 305 Huey P. Long Avenue Legal Description: Lot 12A-2, Square 10, Mechanickham Subdivision Applicants: William and Sylinda Ward Zoning Classification: Business Core District (BC-1) Council District: (2) Historic District: Mechanickham-Gretna Type of Variance Requested: Side Yard Setbacks Purpose: Rear addition onto the existing footprint to a historic structure Factual Background The subject property is a single shotgun built in 1885 with an Italianate building style and is located in the downtown Mechanickham-Gretna Historic District. In addition, subject property is a pre-existing Page 3 of 24 November 13, 2013 nonconforming use (single-family dwelling) located in a Business Core District (BC-1). These applicants are requesting a deviation from Gretna Code of Ordinances, Chapter 102. 92, Business Core District (BC-1) for: (e) Area regulations. (b) Side yard. 1. Where a side yard, though not required, is provided, a minimum depth of three feet shall be provided. Analysis The applicants recently purchased this property and submitted plans for a building permit which included a rear addition to the structure. The plans were reviewed by the Historic District Advisory Committee and received favorable approval. The structure has been unoccupied and has continued to decay due to neglect of structure. As the existing footprint of this structure predates zoning regulations, it does not meet the established requirements for side yard offsets in a BC-1. However, the requirements under Section 102.33 (Nonconforming Uses), allow additions to a structure which has a legal nonconforming use, provided that the “addition shall not infringe on the side, front and rear yard requirements for the district in which it is located. This structure’s footprint predates current zoning regulations and the existing side yard offsets are compatible with the surrounding historic development pattern. The owners are willing to undertake measures to salvage and revitalize a decaying historic structure. Once construction is complete, the property would be placed back into commerce and maintain its historical significance as part of the downtown Mechanickham-Gretna Historic District. The variance request if granted, would allow the proposed rear addition to encroach onto the three (3) feet offset required for side yards in a BC-1 Zoning Classification. Applicant’s Hardship The applicants submitted a hardship letter stating that the proposed rear addition is needed to provide for a bedroom suite because a rear portion of structure was demolished due to deterioration beyond repair. Recommendation Given the unique nature of the following mitigating factors; The approval, if granted will not cause any diminution or depreciation of property values to any surrounding property, nor alter the essential character of the locality. The approval, if granted will tend to preserve and advance the prosperity and general welfare of the neighborhood and community. The approval, if granted will not be detrimental to the public welfare or seriously affect or be injurious to other property in which the property is located. The Council would not be arbitrary or capricious in granting the variance; However variances are granted at the discretion of the City Council. Mayor Constant acknowledged the presence of Mr. Bill Ward and Mrs. Sylinda Ward. On motion by Councilman Marino and seconded by Councilman Rau, IT WAS RESOLVED to approve the request and grant a side yard variance to the applicants of the property located at 305 Huey P. Long Avenue, and the same was unanimously. 3. 1900 Lafayette Street – Budget Saver Supermarket, Applicant For: Curb cut dimension For: Corner side yard setback (corner lot) For: Landscaping / Location - (District 4) Variance: Budget Saver Supermarket -1900 Lafayette Street Municipal Address: 1900 Lafayette Street-Budget Saver Supermarket Legal Description: Lots 8, 9, 22 & 23, Square 38A & 39A Applicant: Kerry Simon, Budget Saver Supermarket Zoning Classification: (C-2) General Commercial District Council District: (4) Type of Variances Requested: Curb cut dimension Side yard setback for a (corner lot) Landscaping relocation Page 4 of 24 November 13, 2013 Purpose: 2,192 square feet rear addition to existing building on a corner lot Factual Background The subject property is zoned (C-2) General Commercial District and is located on the corner of Lafayette Street and 21st Street. The existing building is adjacent to a (R-2) Two-Family Residential District. The applicant is proposing 2,192 square feet build out to the rear portion along 21st Street to provide for a new storage, cooler and freezer. The addition will also include a loading dock and a truck travel lane to provide for deliveries by 18 wheelers trucks. A new sidewalk with a new curb cut is proposed to be installed to separate truck and pedestrian traffic. The applicant is requesting a variance to Gretna Code of Ordinance 102-95 General (C-2) Commercial District: (e)Area Regulations; Side yard: requires that a corner lot whose rear lot line abuts a residential district shall have a side yard, on the street side, not less 20 feet in width. The variance request is for a 10 feet setback from the property line along 21th Street which abuts a residential district. The applicant is requesting a variance to Gretna Code of Ordinances 102-261:Minimum Parking Requirements: which requires that areas adjacent to public streets shall have curb cuts not exceeding 35 feet in width at the curb line. The variance request is for a 40 feet curb cut to enable delivery trucks to navigate from the loading space. The applicant has submitted a landscape plan which has met the Code’s minimum landscaping requirements for a C-2 zoning district; however, a variance is being request to relocate the required landscaping plantings on city right of way where Lafayette Street and Belle Chasse Highway divide. The reason for the proposed location for landscaping installation is due to insufficient private property to accommodate the minimum landscaping requirements. Applicant’s Hardship - See: Attached Letter Recommendation The approval, if granted, will not cause any diminution or depreciation of property values of any surrounding property or will not alter the essential character of the locality. The approval, if granted, will tend to preserve and advance the prosperity and general welfare of the neighborhood and community. The approval, if granted, will not be detrimental to the public welfare or seriously affect or be injurious to other property in which the property is located, The approval, if granted may potentially increase congestions in the public streets, and permit inadequate parking; however the proposal would not cause more inadequate parking and street congestion that currently exist. A physical hardship with special conditions and circumstances peculiar to the land, structure, and building involved were noted above from the applicant via a letter to the City. All of the above factors should be evaluated when considering the granting of this variance; however all variances are granted at the discretion of the City Council. On motion by Councilman Berthelot and seconded by Councilman Miller, IT WAS RESOLVED to approve the request and grant variances for curb cut dimension, corner side yard setback (corner lot) and for landscaping / location to the applicants of the property located at 1900 Lafayette Street (Budget Saver Supermarket), and the same was unanimously. Site Plan Review Request 1. 1900 Lafayette Street (Budget Saver Supermarket) Kerry Simon, Applicant For rear addition – (District 3) Mr. William Bane of Burk-Kleinpeter, Inc. reported: Existing Conditions The existing property consists of an existing supermarket building at the corner of Lafayette Street and 21 st Street. The existing building utilizes the rear of the structure as a fenced in area for trash storage and for Page 5 of 24 November 13, 2013 refrigeration. The side of the building has an incinerator as well as a striped area. There is an existing parking lot on the front of the building for customer use. Proposed Site Plan The proposed site plan proposes to provide a 2,192 sf addition to the rear of the building for additional stockroom. In addition there will be a trash compactor installed along the side of the building with a 6’ tall fence used to provide screening. New storage cooler and new storage freezers are also going in along the side of the building. The rear of the building will be cleaned up with all of the fencing removed. Besides the addition, there will also be a loading space and a truck travel lane to allow for deliveries to the store. A 40’ wide apron will be installed to allow for trucks to exit the site back onto 21st Street. A new sidewalk is being constructed as well as a curb to separate the truck traffic from the pedestrian traffic. Plantings have been proposed along the property line at Lafayette Street and Belle Chasse Highway. Comments According to the City of Gretna’s zoning map, this lot is zoned C-2. The minimum lot size in a C-2 district is 5,000 square feet. The existing lot is much greater than 5,000 square feet. According to the City of Gretna’s Code of Ordinances, the front yard requirement for this zoning is 20 feet. The side yard requirement for a corner lot whose rear lot line abuts a residential district is 20 feet. The front yard requirement has not been met but the addition does not further encroach into this yard. The side yard requirement has not been met as the addition along 21st Street is setback 10 feet from the property line where 20 feet are required. A variance will be required for site plan approval. There is no increase in the ten year storm runoff rate as there are no new impervious areas being created with this site plan. The drainage for the site has been provided existing storm sewer along 21st Street. There are no new inlets proposed. A landscaping plan has been provided to meet the landscaping requirements of the development. There are two types of landscaping requirements which need to be fulfilled. Minimum landscaping for this zoning requires two class A trees and four class B trees. These have been proposed in the existing parking lot adjacent to Lafayette and Belle Chasse. There is also a requirement for screening as the supermarket abuts the residential district across 21st Street. As there is no room along the rear of the property, the applicant has proposed to place it along Lafayette and Belle Chasse. Both of these types of landscaping are proposed inside City right-of-way. A variance request has been submitted for the location of the landscaping. There is a requirement in the Code of Ordinances that curb cuts on to public streets be no longer than 35’. To enable the trucks to pull out from the loading space, the proposed curb cut is 40 feet long. A variance has been submitted by the applicant to allow for the proposed curb cut. The provided site plan is recommended for approval on the condition that all variances associated with the site plan are approved to meet the Code of Ordinance requirements. On motion by Councilman Berthelot and seconded by Councilman Rau, IT WAS RESOLVED to accept the Site Plan Review Committee favorable recommendation and to approve the Site Plan for 1900 Lafayette Street (Budget Saver Supermarket), and the same was unanimously approved. Mayor Constant acknowledged the presence of Mr. Harry Cagle along with his architect Mr. Samuel Bavido who thanked the Mayor and Council members for granting the three variances and believed this will enhance the back of an area that has security issues as well as accommodate the owner with an expansion on the supermarket. It is a win-win situation for both the city and the owner. 2. 23rd Street (Belle Chasse Highway & Lafayette Street) - Rubert Santan, Applicant For storage building – (District 4) Mr. William Bane stated that this site plan was to provide a building to do warehousing of clothes to be sold offsite. It was brought up at the Site Plan meeting since the lot is zoned C-2 (General Commercial) warehousing is not permitted and recommended that the site plan be denied. Mrs. Azalea Roussell, Planning and Zoning Official added in meeting with the gentleman, including Councilman Berthelot, he was advised that the use that he was going to be doing at that location was not permitted. He left knowing that we would recommend denial, but thought that they were looking at other possibilities and would approach the city with some permitted uses in that zoning district. Page 6 of 24 November 13, 2013 On motion by Councilman Berthelot and seconded by Councilman Rau, IT WAS RESOLVED to deny the Site Plan Review Committee favorable recommendation and to deny the Site Plan for 23rd Street (Belle Chasse Highway & Lafayette Street) - Rubert Santan, Applicant and the same was unanimously approved. Alcoholic Beverage Permit Application: Anne Seafood, LLC – 1500 A Hancock, Hue Nguyen, Applicant. On motion by Councilman Crosby and seconded by Councilman Rau, IT WAS RESOLVED to approve the alcoholic beverage permit for Anne Seafood, LLC – 1500 A Hancock, Hue Nguyen, Applicant. 1500-A Hancock and the same was unanimously approved. Consideration and Adoption of Resolutions: On motion by Councilman Rau and seconded by Councilman Berthelot, the following resolution was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Berthelot, Crosby, Marino, Miller and Rau Nays: None Absent: None RESOLUTION NO. 2013-074 A resolution adopting and approving a new fixed asset capitalization policy manual for the City of Gretna. WHEREAS, the City of Gretna desires to maintain a safe, healthy and productive environment for all its employees and the public they serve; and WHEREAS, the City of Gretna desires to establish standardized capitalization procedures of the City of Gretna by establishing a uniform fixed asset policy to provide both the highest quantity and quality of services to the taxpayer. NOW, THEREFORE, BE IT RESOLVED by the Mayor and the City Council acting as Legislative authority of the City of Gretna, that: The new fixed asset capitalization policy manual for the City of Gretna is hereby endorsed and approved by the Gretna City Council. INTRODUCTION OF ORDINANCES: On motion by Councilman Rau and seconded by Councilman Crosby, IT WAS RESOLVED to introduce an ordinance to amend the Gretna Code of Ordinances, amending Chapter 90, Traffic and Vehicles, Article II-Administration and Enforcement, Division 3, Parking Violations – Sections 90 – 71 through 90-100, and the same was unanimously approved. On motion by Councilman Rau and seconded by Councilman Crosby, IT WAS RESOLVED to introduce An ordinance amending the Budget for the Fiscal Year of April 1, 2013 to March 31, 2014 to appropriate $185,000 from the Speed Enforcement line item to the Gretna Heritage Festival line item in the Tourism Fund Budget, and the same was unanimously approved. On motion by Councilman Berthelot and seconded by Councilman Miller, IT WAS RESOLVED to introduce An ordinance amending the Budget for the Fiscal Year of April 1, 2013 to March 31, 2014 to appropriate $32,000 from the General Fund Balance line item in the General Fund Budget to the Madison Street Improvement line item in the Capital Projects Fund Budget, and the same was unanimously approved. ADOPTION OF ORDINANCES: On motion by Councilman Crosby and seconded by Councilman Berthelot, the following ordinance was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Berthelot, Crosby, Marino and Miller Nays: None Absent: None ORDINANCE NO. 4544 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 1, 2, Page 7 of 24 November 13, 2013 3, 4 and B, Square 33, Oakdale Subdivision, from R-3 (Multiple-Family) to C-1 (Neighborhood Commercial) AND Lot 6, Square 36, Suburban Park Subdivision, from R-1 (SingleFamily Residential) to C-1 (Neighborhood Commercial) and directing, authorizing and empowering the Code Enforcement Official to alter and amend the Official Zoning Map of the City of Gretna. Municipal Address: 1601 and 1615 LeBoeuf Street WHEREAS, Zachary T. Mouton is the owner of Lots 1, 2, 3, 4 and B, Square 33, Oakdale Subdivision AND Lot 6, Square 36, Suburban Park Subdivision, City of Gretna, Parish of Jefferson, State of Louisiana; and WHEREAS, Lots 1, 2, 3, 4 and B, Square 33, Oakdale Subdivision, City of Gretna, Louisiana is designated on the Official Zoning Map of the City of Gretna as R-3 (Multiple-Family), which said Map forms a part of Ordinance No. 1945 of the City of Gretna, adopted by the Planning Advisory Board; and WHEREAS, Lot 6, Square 36, Suburban Park Subdivision, City of Gretna, State of Louisiana is designated on the Official Zoning Map of the City of Gretna as R-1 (Single-Family Residential) 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 Lots 1, 2, 3, 4 and B, Square 33, Oakdale Subdivision AND Lot 6, Square 36, Suburban 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 Lots 1, 2, 3, 4 and B, Square 33, Oakdale Subdivision, Gretna, Louisiana be and is hereby amended and changes from R-3 (Multiple-Family) to C-1 (Neighborhood Commercial). SECTION II. The zoning classification of Lot 6, Square 36, Suburban Park Subdivision, Gretna, Louisiana be and is hereby amended and changes from R-1 (Single-Family Residential) to C-1 (Neighborhood Commercial). SECTION III. 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-1 (Neighborhood Commercial). SECTION IV. The Mayor of the City of Gretna is made and 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. Mrs. Azalea Roussell, Planning and Zoning Official reported on the rezoning request for the December 11, 2013 meeting for 1601 and 1615 LeBoeuf Street as follows: Municipal Address: 1601-1615 LeBoeuf Street Legal Description: Lots 1—9 and B, Square 33, Oakdale Subdivision and Lot 6, Square 36 Suburban Park Subdivision Applicant: Zach Mouton, President/Owner-Bryans Air Conditioning Current Zoning Districts: Lots 1-4 & B are zoned (R-3) Multi-Family Residential; Lot 6 is zoned (R-1) Single-Family Residential and lots 6-9 are zoned (C-1) Neighborhood Commercial Proposed The subject lots of record is composed of mixed land uses incorporating multiple zoning districts. The five (5) lots zoned (C-1) Neighborhood Commercial includes a building operating as Bryans United Air Page 8 of 24 November 13, 2013 Conditioning. There are six (6) contiguous vacant lots fronting (Solon Street) of which five (5) are zoned (R3) Multi-Family Residential (demolished apartment complex w/slab remaining) and the remaining lot is zoned (R-1) Single- Family Residential. Said lots were purchased by the business owner and are currently being utilized for employee parking. There are companion requests on this Council meeting agenda to rezone all the residential lots to C-1 and to re-subdivide all of the aforementioned lots into one large lot of record. The applicant desires to utilize the vacant lots for employee parking and future business expansion. Recommendation The subject property is located within mixed land uses areas. The lots of record abut an (R-1) Single-Family Residential District on the north and west sides; it’s adjacent to a (C-1) Neighborhood Commercial District on the south side and adjacent to a (C-2) General Commercial District on the east side. The request to zone the aforementioned residential lots to (C-1) Neighborhood Commercial is a more restrictive commercial zoning district that will co-exist with the abutting residential district. In addition, it will provide for the property owner to encapsulate the business’s property which is zoned C-1 and the remaining vacant lots into a single zoning district. The recommendation is for approval. On motion by Councilman Crosby and seconded by Councilman Rau, the following ordinance was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Berthelot, Crosby, Marino and Miller Nays: None Absent: None ORDINANCE NO. 4545 An ordinance approving the resubdivision of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and B, Square 33, Oakdale Subdivision and Lot 6, Square 36, Suburban Park Subdivision, City of Gretna, Parish of Jefferson, State of Louisiana INTO Lot 3-A, Square 33, Oakdale Subdivision, as per the plan of survey and resubdivision of Dufrene Surveying and Engineering Inc., dated July 3, 2013. Municipal Address: 1601-1615 LeBoeuf Street WHEREAS, Zachary T. Mouton is the owner of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and B, Square 33, Oakdale Subdivision and Lot 6, Square 36, Suburban Park Subdivision, City of Gretna, Parish of Jefferson, State of Louisiana; and WHEREAS, the aforesaid owner has resubdivided Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and B, Square 33, Oakdale Subdivision and Lot 6, Square 36, Suburban Park Subdivision, City of Gretna, Parish of Jefferson, State of Louisiana INTO Lot 3-A, Square 33, Oakdale Subdivision, as per the plan of survey and resubdivision of Dufrene Surveying and Engineering Inc., dated July 3, 2013 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 1, 2, 3, 4, 5, 6, 7, 8, 9 and B, Square 33, Oakdale Subdivision and Lot 6, Square 36, Suburban Park Subdivision, City of Gretna, Parish of Jefferson, State of Louisiana INTO Lot 3-A, Square 33, Oakdale Subdivision, as per the plan of survey and resubdivision by Dufrene Surveying and Engineering Inc., dated July 3, 2013, be and the same is hereby approved. SECTION II: The Mayor of the City of Gretna be and she 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 9 of 24 November 13, 2013 Page 10 of 24 November 13, 2013 Mr. William Bane, Burk-Kleinpeter, Inc., City Engineer reported we reviewed the subject site plan request and offer the following observations for 1601 and 1615 LeBoeuf Street: Existing Conditions The existing properties consist of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and B, Square 33, Oakdale Subdivision and Lot 6, Square 36, Suburban Park Subdivision. Some of the lots are zoned R-3, some are zoned R-1, and some are zoned C-1. There is a concurrent application for rezoning all lots to C-1 which appears on the December Council Agenda. There are two existing buildings on the lots, which are sued for a business. The remainder of the lots are paved with concrete and used for parking. Proposed Re-subdivision It is proposed to combine the lots into one lot to be called Lot 3-A, Square 33, Oakdale Subdivision. The purpose of the resubdivision is stated as to allow for the development of the property to increase the building size and to provide parking for the buildings. Comments According to the City of Gretna’s zoning map and proposed rezoning, these lots are or will be zoned C-1. There is no minimum lot size for this zoning. According to the City of Gretna’s Code of Ordinances, the front yard requirement for this zoning is 20 feet, the side yard requirement is 5 feet where abutting a residential district, and a rear yard requirement of 20 feet where abutting a residential district. The existing building is 10.1 feet from the front property line which is less than the minimum. The existing building is 5 feet from the rear property line which is less than the minimum. The existing building is 4.2 feet from the side property line which is less than the minimum. These minimum yard setbacks are not met, but the resubdivision of these properties do not worsen the setbacks. The resubdivision of the lots adds the existing parking area to the lot with the building which would improve the parking situation. This resubdivision combines the existing lots into one larger lot. The resubdivision will allow for the proposed new development. The area requirement and all setbacks have been met for the new lot lines. On motion by Councilman Crosby and seconded by Councilman Rau, IT WAS RESOLVED to approve the request and grant a fence variance around property to property line, to the applicants of the property located at 1601 LeBoeuf Street, and the same was unanimously On motion by Councilman Berthelot and seconded by Councilman Miller, the following ordinance was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Berthelot, Crosby, Marino and Miller Nays: None Absent: None ORDINANCE NO. 4546 An ordinance amending the Gretna Code of Ordinances, Chapter 102. Zoning and Subdivisions, Article III. Zoning Districts, Division 1. Generally, Section 102-95. General commercial district, C-2. Permitted uses, paragraph (b)(7)a., relative to criteria for bars, nightclubs and lounges. WHEREAS, the City of Gretna has an interest in the health, welfare and safety of the citizens of the City of Gretna; and WHEREAS, the locations of alcoholic beverage outlets including bars lounges and nightclubs should be restricted to areas which are not frequented by children including, playgrounds, parks and libraries. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Gretna, acting as legislative authority for said City, that: The Gretna Code of Ordinances Chapter 102. Zoning and Subdivisions, Article III. Zoning Districts, Division 1. Generally, Sec. 102-95. General commercial district, C-2, Permitted uses, paragraph (b)(7)a., is hereby amended to read as follows: (7) Bars, nightclubs and lounges provided the following criteria are met: Page 11 of 24 November 13, 2013 a. The structure shall be a minimum distance of 500 feet from the sidewalk of the nearest point of the property line of any residential district, church, synagogue or school, park, playground or library measured to the nearest point of the premises to be licensed. 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. On motion by Councilman Rau and seconded by Councilman Crosby, the following ordinance was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Berthelot, Crosby, Marino and Miller Nays: None Absent: None ORDINANCE NO. 4547 An ordinance amending the Budget for the Fiscal Year of April 1, 2012 to March 31, 2013 to recognize and appropriate $34,000 in insurance proceeds as a result of damage to the City’s ambulance to the Capital Automotive Expenditures line item in the Ambulance Fund Budget. WHEREAS, the Budget for the Fiscal Year of April 1, 2013 to March 31, 2014 was adopted by Ordinance No. 4483 on April 10, 2013; and WHEREAS, due to a traffic accident involving one of the City’s critically needed ambulance; and WHEREAS, the City is authorize to repair critical equipment utilizing the emergency declaration procurement procedures thereby advertising in the City’s official journal; and WHEREAS, amendments to the budget for the Fiscal Year of April 1, 2013 and March 31, 2014, are presented for approval as follows: 19-4590 19-5619-2785 19-340-10 Miscellaneous Revenue Automotive Equipment Fund Balance ($34,000.00) $40,000.00 ($ 6,000.00) NOW, THEREFORE, BE IT ORDAINED by the City Council, acting as legislative authority for the City of Gretna, that: The Budget for the Fiscal Year of April 1, 2013 to March 31, 2014 is hereby amended to recognize and appropriate $34,000 in insurance proceeds as a result of damage to the City’s ambulance to the Capital Automotive Expenditures line item in the Ambulance Fund Budget. 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. On motion by Councilman Marino and seconded by Councilman Miller, the following ordinance was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Berthelot, Crosby, Marino and Miller Nays: None Absent: None ORDINANCE NO. 4548 An ordinance amending the Gretna Code of Ordinances to add Chapter 3 Administrative Adjudication of Public Health, Housing, Fire Code, Environmental and Historic District Violations. WHEREAS, the City of Gretna has an interest in the health, welfare and safety of the citizens of Gretna. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Gretna, acting as legislative authority for said City, that: Page 12 of 24 November 13, 2013 The Gretna Code of Ordinances is hereby amended to add Chapter 3 Administrative Adjudication of Public Health, Housing, Fire Code, Environmental and Historic District Violations as follows: Section 3-1. Adjudication authorization. Section 3-2. Definitions. Section 3-4. Authority Section 3-5. City Prosecutor and/or City Attorney to assist. Section 3-6. Powers. Section 3-7. Hearing procedures. Section 3-8. Non-exclusivity of procedures. Section 3-9. Liens. Section 3-10. Appeal. Section 3-12. Record requirements. Section 3-1. Administrative Adjudication authorization Any agency or department of the City of Gretna having a responsibility for the enforcement of any public health, housing, fire code, environmental, or historic district ordinance, or any matters involving licensing and permits and any other ordinance violations that may be determined by the Gretna City Council, is authorized to notice violations of for administrative adjudication pursuant to this chapter and after such adjudication the city may impose civil fines, civil penalties and hearing costs for violations of such ordinances against the owners of immovable property or their agents, tenants or representatives pursuant to the procedures for adjudication established in this chapter. Section 3-2. Definitions The following definitions shall apply in the interpretation of this article: Director shall mean the head of a city agency or department which enforces any public health, housing, fire code, environment, or historic district ordinance in the city, or his designated representative. Housing violation shall encompass building codes, zoning, vegetation, and nuisance ordinances. Decision or order shall mean a finding or judgment by the city magistrate under authority of this chapter. Respondent or alleged violator shall mean the owner of the property and any known tenant or lessee of the property and other party(s) with a legal interest in and to the property and who has been given a notice of violation under this chapter. Violator shall mean a person who has been found liable for a violation or ordered to correct a violation in an order issued under this chapter. Section 3-4. Authority of Magistrate The city magistrate shall have the authority to hear and decide public health, housing, fire code, environmental, or historic district ordinance violations, or any matters involving licensing and permits and any other ordinance violations that may be determined by the Gretna Council. Adjudication authority of the city magistrate shall include, but not be limited to, violations of the following chapters or sections of this Code: Chapter 10 - AMUSEMENTS AND ENTERTAINMENTS Chapter 14 - ANIMALS Chapter 18 - BUILDINGS AND BUILDING REGULATIONS Chapter 22 - BUSINESSES Chapter 26 - CHARITABLE SOLICITATIONS Chapter 42 - ENVIRONMENT Chapter 46 - FLOODS Chapter 50 - HEALTH AND SANITATION Chapter 52 - HISTORICAL PRESERVATION Chapter 62 - MANUFACTURED HOMES AND TRAILERS Chapter 66 - FIREWORKS/SPECIAL EVENTS/CARNIVAL/MARDI GRAS/OTHER PARADES Page 13 of 24 November 13, 2013 Chapter 70 - PARKS AND RECREATION Chapter 78 - SECONDHAND GOODS Chapter 86 - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Chapter 98 - VEHICLES FOR HIRE Chapter 102 - ZONING AND SUBDIVISIONS Section 3-5. City attorney to assist No administrative adjudication proceeding shall be instituted under this chapter with respect to any ordinance unless the ordinance is cited in Section 3-4. Upon the request of any director, the city attorney or his designee may provide legal assistance in the administration of this chapter and institute legal actions for the enforcement of this chapter and any orders issued under this chapter. Section 3-6. Powers Under the provisions of this Chapter the City Magistrate shall have the power to: (1) Administer oaths and affirmations; (2) Issue orders compelling the attendance of witnesses, respondents and violators and the production of documents; (3) Levy fines and hearing costs. (4) Order violators to correct violations within a stipulated time; (5) Take necessary and lawful measures to effect corrections of the violations if the violator fails to do so within the time allocated by the city magistrate; (6) Place liens, pursuant to Section 3-9 of this chapter, against the immovable property located within the parish, if the violator fails to remit payment for any costs and/or fines, within thirty (30) days of the levy of the same. Section 3-7. Hearing procedures. (a) Prior to holding an administrative hearing for public health, housing, fire code, environmental, or historic district ordinance violations, or any matters involving licensing and permits and any other ordinance violations that may be determined by the Gretna City Council, the city agency or department having enforcement responsibility shall notify the property owner of the alleged violation and may notify any known tenant or lessee of any violation alleged. A minimum of twenty (20) days after notification by the city agency or department must pass prior to any hearing date for the alleged violation. Notice of the alleged violation shall be posted on the property and mailed via US First Class mail, postage pre-paid, to the owner. Should a hearing be required, the municipal court clerk shall cause notice of a scheduled hearing to be sent at least fifteen (15) days in advance of the hearing date. Ownership and lessee information shall be obtained via the records located in Jefferson Parish Mortgage and Conveyance Office, the Sheriff's Office or the Gretna Water Department. The hearing notification shall state the time, date and location of the hearing, and state the alleged violations; and it shall be sent by certified or registered U.S. mail to the owner, and the violator if he/she is not the owner, or personally served on the owner and/or violator at the address(es) as listed in the assessor's office of the parish or address obtained from other reliable source upon verifying ownership and/or tenancy information with the mortgage and conveyance office and/or sheriff's office or other reliable source and at any additional address if the enforcement agency desires to have service made at multiple addresses. The date of the postmark shall be deemed to be the date of delivery which will be a minimum of fifteen (15) days prior to the scheduled hearing. Any notification so sent and returned by the U.S. Post Office shall be considered as having fulfilled the notification requirement. Proof of notification via mail, posting of notices and attempts at service shall be entered in the record of each case prior to the hearing. (b) In addition to the personal or mail service required by paragraph (a) of this section, if a violation relates to property, a copy of the hearing notice shall be affixed in a prominent location on the property on which a violation is alleged, or if safe access to the property is not reasonably practicable, on some prominent fixture on the adjacent public right-of-way as near as possible to the property, at least five (5) days in advance of the date of the hearing. It shall be unlawful for any person other than an agent of the city to remove such notice posted on the public right-of-way prior to the commencement of the hearing. (c) The notice of violation shall be, as much as possible, in laymen's language susceptible of understanding by a person of normal capacity, and shall, in large print, inform the person noticed of the need to comply and the risk of penalties and liens being imposed. (d) When any person charged with violation and noticed to appear at a hearing fails to appear, said failure to appear shall be considered an admission of liability for the charged violation; provided that the notice requirements established in paragraphs (a), (b) and (c) of this section have been satisfied, and provided further that the city magistrate, in his sound discretion and for good cause shown, may vacate an order issued on the basis of such an admission and re-open the proceedings, and shall do so when requested by the appropriate director. Page 14 of 24 November 13, 2013 (e) Any order compelling the attendance of witnesses or the production of documents shall be enforced by the magistrate court or by any other court of competent jurisdiction, in the same manner as any subpoena in a civil manner. (f) Complaints may be initiated by the public and violation notices will be issued upon the submission of affidavits and/or documentary evidence sufficient to prove the existence of health, housing, fire code, environmental, or historic district ordinance violations, or any matters involving licensing and permits and any other ordinance violations that may be determined by the Gretna City Council, as determined by the enforcement agency or department director. (g) Any administrative adjudication hearing held under the provisions of this chapter shall be conducted in accordance with the rules of evidence as adopted by the magistrate court. Testimony of any person shall be taken under oath. The person charged with the ordinance violation may present any relevant evidence and testimony at such hearing and may be represented by an attorney at law. However, his/her physical presence shall not be required at the hearing, and a failure to appear shall not be deemed an admission under paragraph (d) of this section, if documentary evidence, duly verified by such person, is submitted to the city magistrate prior to the date of the hearing. (h) In determining the amount of any fine or penalty, the city magistrate shall consider the age, financial circumstances and physical and mental capacity of the violator and the degree of hardship which the fine or penalty will impose, and shall weigh those factors against the degree of culpability of the violator and the gravity of the offense, and the damage to the public health, safety, welfare, and convenience and the cost to the parish or to others occasioned by the offense. (i) At the close of the hearing, the city magistrate shall issue a final order stating whether or not the person charged is liable for the violation, the amount of hearing costs, any fine or costs assessed against him or her and a date by which the violation(s) shall be corrected. If a matter is taken under advisement by the city magistrate, said order shall be issued not more than thirty (30) legal days of the close of the hearing. The final order shall be served via certified or registered mail to the parties the hearing notice was served. The final order shall notify the violator of the right of appeal. The date of the postmark shall be deemed to be the date of delivery and considered as having fulfilled the notification of order requirement. (j) The city magistrate may, for each separate violation, order the payment of fines and hearing costs, the total of which shall not exceed the maximum which may be imposed on a misdemeanant by the parish courts; provided, however, that no civil fines or hearing costs imposed may exceed those specified for the criminal violation of the same ordinance. All such fines and costs shall be paid into the general fund, unless it is otherwise provided by law. The director of finance may authorize the hearing officer or the head of the enforcement agency or department to accept payment on his behalf. (k) The city magistrate, for good cause, may suspend all or a portion of his final order and may make any suspension contingent on the fulfillment of some reasonable condition. (l) In cases where the city magistrate or director has reason to believe that an order will cause dislocation or other hardship to a violator, or some other person, the director shall furnish a copy of the order and a brief statement to the nature of the hardship to the office of the mayor and to any other public or private officer or agency he deems appropriate. (m) Interlocutory orders shall be served in the manner provided by any specifically applicable state law or, if no other law applies, by a duly commissioned peace officer by personal or domiciliary service; provided that interlocutory orders may be served by mail on a respondent who has actually been served with a notice of violation or who has made an appearance. (n) Any order assessing a fine or costs and/or ordering remediation or corrective action on or prior to a certain date may be enforced by the Parish Courts of Jefferson Parish. The city attorney's office may file contempt or other enforcement proceedings by making an order executory in the Environmental Section of the TwentyFourth Judicial District Court or the Parish Courts of Jefferson Parish. Section 3-8. Non-exclusivity of procedures The procedures and remedies established by this chapter shall not be deemed exclusive and may be employed in the civil enforcement of an ordinance before, during or after the employment of any other civil enforcement mechanism provided by law, or before, during or after the commencement or conclusion of enforcement action in a civil or criminal court, unless the civil courts have definitely exonerated the alleged violator of the violation charged. Section 3-9. Liens The director other city official may record a certified copy of an order imposing a fine or other charge in the public records of the parish. Once recorded, the certified copy of this order shall constitute a lien against the Page 15 of 24 November 13, 2013 land on which the violation exists, and any lien placed against such immovable property under this chapter shall be included in the next annual ad valorem tax bill and must be paid along with such taxes, subject, however, to any valid homestead exemption. Failure to pay the liens shall cause any parcel of immovable property which is not subject to a bona fide homestead exemption to be subject to the same provisions of law as govern tax sales of immovable property. Any lien placed against immovable property that has a legal homestead exemption from taxes will become payable ninety (90) days after the death of the owner thereof or immediately upon transfer of title to a new owner, whichever comes first. Section 3-10. Appeal Any person determined by a final order of the city magistrate to be in violation of a public health, housing, fire code, environmental, or historic district ordinance, or any matters involving licensing and permits or any other ordinance that may be determined by the Gretna City Council, may appeal this determination to the TwentyFourth Judicial District Court of the Parish of Jefferson. (a) Appealable orders. (i) (ii) A final order is appealable and may be suspensive or devolutive. An appeal cannot be taken by a party who entered into a consent agreement or consent order. (b) Filing an appeal. (i) An appeal shall be instituted by filing, within thirty (30) days of the date the hearing officer signed the order, a petition for appeal, including requests for the Twenty-Fourth Judicial District Court (24th JDC) to set dates petitioner deems necessary relative to filing answers, briefs, memorandums, motions, and/or a hearing date, with the Clerk of the 24th JDC along with payment of costs required by the clerk of court for the filing of the appeal. The return date for the city magistrate court to file the record is thirty (30) days from the date all costs are paid to the Clerk of the 24th JDC and the City Magistrate Court. (ii) The petitioner shall request service of the petition for appeal on the director of the appropriate enforcement agency or department through the city attorney and the city magistrate court. (iii) Service of the appeal shall not stay the enforcement and collection of the order unless the petitioner furnishes to the city magistrate court, for deposit, security sufficient to assure satisfaction of the finding of the city magistrate relative to the fines and costs assessed and any costs of correcting the violation(s) within thirty (30) days of the date the hearing officer signed the order or within ten (10) days of the postmark on the notice of the estimated security cost letter mailed via certified mail, whichever is later. Extensions for payment of security to secure a suspensive appeal shall not be granted. Security may be waived in the case of those determined eligible to proceed in forma pauperis by the clerk of court. (iv) Upon receipt of the petition for appeal, the city magistrate court shall calculate the estimated cost for preparing the record, and security and submit in writing. Security includes hearing costs and/or estimated fines, cost of preparing the record and/or estimated costs to remediate the violation(s), the total of which shall serve as the cost required for a suspensive appeal. Failure of the petitioner to timely pay all costs due to the city magistrate court and the Jefferson Parish Clerk of Court may result in the appeal being dismissed or becoming a devolutive appeal. (v) A suspensive appeal is an appeal that suspends the effect or the execution of an appealable order, and the security required is for the amount of the order including costs of remediation, hearing costs and fines. (vi) A devolutive appeal does not suspend the effects or execution of an appealable order. Security is not required. However, the hearing will not be transcribed and/or lodged with the record until estimated costs are paid for transcription to the bureau of administrative adjudication pursuant to the mailing of the estimated appeal cost letter. (vii) Estimated security costs are payable to City of Gretna for deposit in escrow with the department of finance. (viii) Should the cost for preparation of the record, suspended fines and/or remediation of violations exceed what was paid or quoted, a letter will be mailed advising of the additional costs due. (ix) The city magistrate court shall have the duty of preparing the record and lodging the record and transcript with the 24th JDC on or before the return day. Failure of the city magistrate court to Page 16 of 24 November 13, 2013 prepare and lodge the record on appeal either timely or correctly shall not prejudice the appeal unless it is for failure of the petitioner to pay estimated costs. (x) An extension of the return day shall be for cause only and does not include petitioners' failure to pay the estimated cost of transcribing the record. If the return day is extended, notice shall be given by the city magistrate court via certified or registered mail to all parties. (xi) Petitioner is responsible for all costs associated with the appeal including the cost to file the appeal and fees required by the clerk of court for lodging the record which may the file from the original hearing. (xii) Costs for security including the suspended fines and cost of remediation and the transcript are an estimate, when the preparation of the record has been completed, the city magistrate court shall, either refund to the petitioner the difference between the estimated costs and the actual costs if the estimated costs exceed the actual costs, or send a notice by certified mail to the petitioner of the amount of additional costs due, if the actual costs exceed the estimated costs. If the payment of additional costs is required, the petitioner shall pay the amount of additional costs within ten (10) days of the mailing of the notice. (xiii) Failure of the petitioner to pay the estimated cost for preparing the record including the transcript or the difference between the estimated costs and the actual costs, within the time specified, the hearing officer on his own motion or upon motion by the clerk or by any party, may request dismissal of the appeal and/or fines on the grounds of abandonment. (xiv) After the petition for appeal has been filed, costs and/or security paid, the record lodged and, any, pleadings or briefs filed, a hearing shall be scheduled, if requested by petitioner, and all parties notified of the date, time and place of such hearing. (xv) All records, original and/or supplemental, prepared for filing shall be certified and dated by the clerk. (xvi) Should the order of the city magistrate be upheld and affirmed, the city attorney's office shall submit an actual costs letter or notice for per day fines or other monies that may be due to the petitioner for payment. Section 3-12. Record requirements (a) At its commencement by notice to the alleged violator, every civil adjudication proceeding shall be assigned a docket number and a style in the form of "in the manner of" or in the form of "City of Gretna versus" followed by the name of the alleged violator. The records pertaining to each proceeding shall be maintained as a separate file in a manner similar to the fashion in which the clerks of court maintain the records of civil cases. (b) Each agency charged with the enforcement of an ordinance within the scope of this chapter shall, with the advice of the department of law, maintain a log or index of all civil adjudication proceedings, which shall set forth information including but not limited to the following: (1) The style and docket number of the case and the date it was commenced; (2) The ordinance or ordinances allegedly violated; (3) The date or dates of the alleged violations; (4) The address(es) or other description of the property on which the alleged violation(s) occurred; (5) A statement as to whether any civil or criminal court proceedings pertaining to the alleged violations are or were pending, the dates of any hearings, trials, or continuances, and the dates of their commencement and/or termination and, if the case is terminated, of its final disposition; (6) A statement as to the dates of any hearing and of any final order in the case and as to whether and when any lien was filed; (7) A statement as to the date of filing and disposition of any appeal. The department or agency shall review this log or index regularly to ensure that no civil or criminal remedies of the city are unwittingly permitted to prescribe. Page 17 of 24 November 13, 2013 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. On motion by Councilman Rau and seconded by Councilman Crosby, the following ordinance was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Berthelot, Crosby, Marino and Miller Nays: None Absent: None ORDINANCE NO. 4549 An ordinance amending the Gretna Code of Ordinances, Chapter 102 Zoning and Subdivisions. Article IV. Signs; Section 102-163. Sign Design Standards, paragraph (l) Temporary Signs. Subparagraph (1) Criteria. Subpart a. WHEREAS, the City of Gretna has interest in the health, safety and welfare of its citizens; and WHEREAS, the City of Gretna has the need to clearly define meaningful regulations within the ordinances governing zoning and subdivisions. NOW, THEREFORE, BE IT ORDAINED by the City Council, acting as legislative authority for the City of Gretna, that: The City of Gretna hereby adopts an ordinance amending Chapter 102 Zoning and Subdivisions. Article IV. Signs; Section 102-163. Sign Design Standards, paragraph (l) Temporary Signs. Subparagraph (1) Criteria. Subpart a. to read as follows: (l) Temporary signs. (1) Criteria. A special event sign for displaying advertising that is temporary in nature, is not permanently attached to the ground, sign surface or building and is utilized for special events such as but not limited to grand openings, seasonal sales, liquidations, going out of business sales, fire sales and promotions may be permitted provided the following criteria are met: a. A Temporary sign may measure up to 32 square feet or one square foot of sign area for each linear foot of building tenant frontage up to a maximum sign area dictated in section 102-164, Sign Requirements by Zoning District, whichever is greater. Temporary signs shall not be greater than 80 percent of the length of the tenant space or the length of the building frontage for single tenant buildings. 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. On motion by Councilman Rau and seconded by Councilman Crosby, the following ordinance was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Berthelot, Crosby, Marino and Miller Nays: None Absent: None ORDINANCE NO. 4550 An ordinance amending the Gretna Code of Ordinances, Chapter 102 Zoning and Subdivisions. Article IV. Signs; Section. 102-163. Sign Design Standards. Paragraph (l) Temporary Signs Subparagraph (2) Permits for temporary signs. WHEREAS, the City of Gretna has interest in the health, safety and welfare of its citizens; and WHEREAS, the City of Gretna has the need to clearly define meaningful regulations within the ordinances governing zoning and subdivisions. Page 18 of 24 November 13, 2013 NOW, THEREFORE, BE IT ORDAINED by the City Council, acting as legislative authority for the City of Gretna, that: The City of Gretna hereby adopts an ordinance amending Chapter 102 Zoning and Subdivisions. Article IV. Signs; Section. 102-163. Sign Design Standards. Paragraph (l) Temporary Signs Subparagraph (2) Permits for temporary signs. to read as follows: (l) Temporary signs (2) Permits for temporary signs. a. The code enforcement official, upon proper application, may issue temporary permits for signs and displays that are determined to be in the public interest and that will not result in damage to persons or property. b. Permits for temporary signs announcing the opening of a business newly licensed by the city, shall authorize the erection of and maintenance of such signs for a period not exceeding 90-days. Permits for temporary signs, other than temporary signs announcing the opening of a business newly licensed by the city, shall authorize the erection of and maintenance of such signs for a period not exceeding 30 days. Upon expiration of the temporary sign permit period, the sign shall immediately be removed by its owner. Violations of this requirement shall be considered in violation of the zoning ordinance. c. Only one temporary sign, other than a temporary sign announcing the opening of a business newly licensed by the city, may be permitted at one time per business occupant. d. A business occupant is permitted no more than two temporary sign permits per year, other than a temporary sign announcing the opening of a business newly licensed by the city. e. A flat fee of $100.00 shall be required per temporary sign permit. 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. On motion by Councilman Rau and seconded by Councilman Crosby, the following ordinance was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Berthelot, Crosby, Marino and Miller Nays: None Absent: None ORDINANCE NO. 4551 An ordinance amending the Gretna Code of Ordinances, Chapter 22 Businesses, Article I In General Section 22-1 Opening new business. WHEREAS, the City of Gretna has interest in the health safety and welfare of its citizens; and WHEREAS, the terms, process and regulations for opening a new business must be clear and unambiguous. NOW, THEREFORE, BE IT ORDAINED by the City Council, acting as legislative authority for the City of Gretna, that: CHAPTER 22 – BUSINESSES, ARTICLE I In General SECTION 22-1 Opening new business, be amended to read as follows; Sec. 22-1. Opening new business. (a) No person shall begin the operation of a new business in or at any building or premises without a permit formally issued by the city. (b) For the purposes of this section, the following words shall have the meaning given herein below: (1) Building means any structure which is designed, built or occupied as a shelter or roofed enclosure for persons, animals, or property, including tents, lunch wagons, dining cars, camp cars, trailers, and other roofed structures on wheels or other supports, used for residential, business, mercantile, storage, commercial, industrial, Page 19 of 24 November 13, 2013 institutional, assembly, educational or recreational purposes. For the purpose of this definition, "roof" shall include an awning or other similar covering, whether or not permanent in nature. (c) (2) Business includes all kinds of vocations, occupations, professions, enterprises, establishments, and all other kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit or benefit, either directly or indirectly, on any premises in this city, or anywhere else within its jurisdiction. (3) Occupancy means possession or control by a particular person, whether as owner, lessee or agent; so that change in occupancy might or might not involve change in use. (4) Premises includes all lands, structures, places, and also the equipment and appurtenances connected or used therewith in any business and also any personal property, which is either affixed to, or is otherwise used in connection with any such business conducted on such premises. The following formal procedures for the processing of business licenses and permits is hereby established: (1) Businesses applying for occupational licenses and business permits shall execute a standard business form issued by the city tax collector, who shall then determine whether the applicant is indebted to the city (except for current taxes). (2) The building official shall then review the applicant's building plans and specifications to determine whether any electrical and/or plumbing inspections are necessary. The building official shall then determine whether a new building permit is necessary. (3) The zoning official shall then review the application to determine if the zoning of the proposed business location permits the proposed business. (4) After the tax collector receives reports from the zoning official, building official, electrical inspector and plumbing inspector, he shall obtain the mayor's approval for the issuance of an occupational license and a business permit. 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. On motion by Councilman Rau and seconded by Councilman Crosby, the following ordinance was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Berthelot, Crosby, Marino and Miller Nays: None Absent: None ORDINANCE NO. 4552 An ordinance amending the Gretna Code of Ordinances, Chapter 58 Law Enforcement. - Sec. 58-33. Cost of reports. WHEREAS, the City of Gretna has interest in the health, safety and welfare of its citizens; and WHEREAS, the cost of reproduction of police reports should match the cost of producing such reports. NOW, THEREFORE, BE IT ORDAINED by the City Council, acting as legislative authority for the City of Gretna, that: Chapter 58. Law Enforcement. Section 58-33 Cost of reports is hereby amended as follows: Sec. 58-33. Cost of reports The fee for reproduction of a report is hereby established as $25.00 for the first five pages and $1.00 for each additional page thereafter. Page 20 of 24 November 13, 2013 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. On motion by Councilman Miller and seconded by Councilman Crosby, the following ordinance was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Berthelot, Crosby, Marino and Miller Nays: None Absent: None ORDINANCE NO. 4553 An ordinance authorizing Mayor Belinda C. Constant on behalf of the City of Gretna to implement and post traffic control signs (No Left Turn 2:00 p.m. – 4:00 p.m. Monday - Friday) south bound on Hero Drive at 30th Street. WHEREAS, the Gretna City Council finds there has been a high incidence of drivers blocking private driveways during school dismissal hours; and WHEREAS, the Gretna City Council finds prohibiting left runs at Hero Drive and 30 th street during school dismissal hours help prevent the blocking and obstruction of private driveways; and WHEREAS, the Gretna City Council finds a reduction the obstructing of residential driveways will help promote and protect the health, safety, and welfare of the citizens of the City of Gretna; and WHEREAS, the City of Gretna, operating under the powers granted to it in the Lawrason Act, has the power and authority to install traffic control devices. NOW, THEREFORE, BE IT ORDAINED by the City Council, acting as legislative authority for the City of Gretna, that: Mayor Belinda C. Constant on behalf of the City of Gretna is hereby authorized to implement and post traffic control signs (No Left Turn 2:00 p.m. – 4:00 p.m. Monday Friday) south bound on Hero Drive at 30th Street. 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. On motion by Councilman Rau and seconded by Councilman Berthelot, the following ordinance was read and adopted section by section and then as a whole by the following vote: Yeas: Council Members Berthelot, Crosby, Marino and Miller Nays: None Absent: None ORDINANCE NO. 4554 An ordinance setting the Legislative Calendar for the Year 2014, in accordance with the City of Gretna Code of Ordinances, Section 2-46. Legislative Calendar. BE IT ORDAINED, by the City Council of the City of Gretna, acting as legislative authority for the City, that: The Legislative Calendar for all regular meetings of the Mayor and City Council and two special meetings for Capital Projects and Capital Outlay Review for the calendar year 2014 is hereby set as follows: Day of Week Wednesday Wednesday Date January 8, 2014 February 12, 2014 Time 5:30 p.m. 5:30 p.m. Page 21 of 24 November 13, 2013 Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday March 12, 2014 March 26, 2014 April 9, 2014 May 14, 2014 June 11, 2014 July 9, 2014 August 13, 2014 August 27, 2014 September 10, 2014 October 8, 2014 November 12, 2014 December 10, 2014 5:30 p.m. 5:30 p.m. Capital Projects 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. Capital Outlay Review 5:30 p.m. 5:30 p.m. 5:30 p.m. 5:30 p.m. 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. On motion by Councilman Rau and seconded by Councilman Miller, IT WAS RESOLVED to amend the ordinance entitled: An ordinance annexing the property currently located in Jefferson Parish and bounded on the North by Orleans Parish, on the South by the southernmost lot line of Parcel 4-A Oakdale Subdivision in Jefferson Parish, to the East by US 90 West (Westbank Expressway) and to the West by the City of Gretna, comprising approximately 11.3 acres, into the City of Gretna and the same were unanimously approved. On motion by Councilman Rau and seconded by Councilman Miller, IT WAS RESOLVED that the ordinance as amended be deferred until the January 15, 2014 Special Meeting and the same was unanimously approved: An ordinance annexing the property currently located in Jefferson Parish and bounded on the west by the center line of the Whitney Canal, being the present eastern boundary line of the City of Gretna; on the north by the boundary line between the Parish of Orleans and the Parish of Jefferson; on the east by the center line of US Highway 90 (Westbank Expressway); and on the south by the southernmost lot line of Parcel 4-A of Oakdale Subdivision, Section B, Farm Block A, as said lot line is shown on the plat of resubdivision by BFM Corporation, L.L.C., dated March 2, 2005, adopted by the Jefferson Parish Council on June 22, 2005, as Summary No. 21642, Ordinance No. 22519, of the Jefferson Parish Council, effective as of July 2, 2005, registered on July 20, 2005, as Entry No. 10542133 in the official records of the Parish of Jefferson, State of Louisiana, and as said lot line is further extended from the center line of the Whitney Canal (present eastern boundary line of the City of Gretna) to the center line of US Highway 90 (Westbank Expressway). The Clerk read the ordinance entitled: An ordinance amending the Gretna Code of Ordinances, Chapter 102. Zoning and Subdivisions, by amending Section 102-261. Minimum parking requirements, Paragraph (3). The ordinance failed due to a lack of a second. Citizens to Address the Mayor and City Council. - None Reports by the Police Department. None. Report by the City Engineer. Mr. William Bane, P. E. provided a monthly Status and Site Plan Review Request reports dated December 11, 2013 on file in the City Clerk’s Office. Departmental Reports dated December 11, 2013 were filed in the City Clerk’s Office for the Department of Regulatory & Inspections, Public Utilities, Public Works and Recreational Superintendent. Other Matters Councilman Berthelot (District 4) Page 22 of 24 November 13, 2013 Councilman Berthelot briefly provided an update on the Mel Ott Park lighting and amenities of State Capital Outlay Funds that are in place. A group of the department heads along with the City Engineer identified the work hoped to do at Mel Ott Park with the funding: walking trail lighting, limited access gating, upgrade the baseball field lighting; landscaping around the Water Tower; lighting the water tower and the rear of the Recreation Center and a lighted entrance sign. Quotes for the sign were received and the proposed projects will be done in phases 1, 2, 3, 4, 5 and 6 and some of the phases will be done at the same and hoped to begin work as soon as January 2014. Call for Special Meeting On motion by Councilman Berthelot seconded by Councilman Rau, IT WAS RESOLVED that the Council would meet in special session on January 15, 2013 at 5:30 p.m., to consider the ordinance entitled: An ordinance annexing the property currently located in Jefferson Parish and bounded on the west by the center line of the Whitney Canal, being the present eastern boundary line of the City of Gretna; on the north by the boundary line between the Parish of Orleans and the Parish of Jefferson; on the east by the center line of US Highway 90 (Westbank Expressway); and on the south by the southernmost lot line of Parcel 4-A of Oakdale Subdivision, Section B, Farm Block A, as said lot line is shown on the plat of resubdivision by BFM Corporation, L.L.C., dated March 2, 2005, adopted by the Jefferson Parish Council on June 22, 2005, as Summary No. 21642, Ordinance No. 22519, of the Jefferson Parish Council, effective as of July 2, 2005, registered on July 20, 2005, as Entry No. 10542133 in the official records of the Parish of Jefferson, State of Louisiana, and as said lot line is further extended from the center line of the Whitney Canal (present eastern boundary line of the City of Gretna) to the center line of US Highway 90 (Westbank Expressway). Councilman Rau (Councilman At Large) Interstate 49 (I-49) Coalition Meeting Councilman Rau reported he attended the I-49 Coalition meeting in Lafayette, Louisiana. There were about 70 members composed of businessmen, politicians and people from different branches of the Department of Transportation & Development (DOTD) and the State Funding with the Honorable John Neely Kennedy, the State Treasurer in attendance also. The I-49 continuance from Lafayette, the biggest outcome was that the DOTD has modified the plans and reduced the construction cost from Raceland to New Orleans from $5-Billion Dollars down to $2.2-Billion Dollars which has to be approved by the federal government because it eliminated the elevated roadways in a lot of places. I-49 north of Lafayette all the way up has now been funded and is under construction; I-49 south with the exception several small pieces in some towns is still yet to be done. Between Morgan City and Raceland is completed. Funding is the problem at this time. There were discussions about tolls and discussion relative to raising gasoline taxes and they are open to suggestion for other sources of funding because it does not appear that federal funding will be in place for this project. There will be another meeting in three months that he will be attending and will keep the Council members posted. Councilman Marino (District 2) informed that the tree initiative on Second Street, the 32-Savannah trees to be planted on Second Street, is scheduled to begin on Tuesday. Councilman Crosby (District 1) informed he will be planting some pine trees on Hancock Street. Krewe of Grela Ball Mayor Constant informed that the Krewe of Grela Ball will be on January 25, 2014 at the Mel Ott Multipurpose Center; tickets are available for $125.00 per ticket. Groovy Seven is the entertainment and requested supporting the City of Gretna’s carnival organization Krewe of Grela. Executive Session On motion by Councilman Marino and seconded by Councilman Miller, IT WAS RESOLVED that the Mayor and City Council recess into Executive Session at 6:50 p.m. relative to the matter of Command Construction Industries vs. City of Gretna, and the same was unanimously approved. The Council reconvened from Executive Session at 6:58 p.m. On motion by Councilman Rau and seconded by Councilman Berthelot, IT WAS RESOLVED to authorize Mark Morgan, City Attorney to resolve the matter of Command Construction Industries vs. City of Gretna under the parameters discussed in Executive Session, and the same was unanimously approved. Page 23 of 24 November 13, 2013 On motion by Councilman Rau and seconded by Councilman Crosby, IT WAS RESOLVED to adjourn the Mayor and City Council Regular Meeting for December 11, 2013 at 7:00 p.m., and the same was unanimously approved. /S/ C. DIANNE LEE, CMC CITY CLERK CITY OF GRETNA STATE OF LOUISIANA /S/ BELINDA C. CONSTANT MAYOR CITY OF GRETNA STATE OF LOUISIANA A TRUE COPY: /S/ C. DIANNE LEE, CMC CITY CLERK Page 24 of 24