the council city of new orleans completed... · the council city of new orleans ... rta #2009-1157;...

THE COUNCIL

City of New Orleans

JACQUELYN BRECHTEL CLARKSON STACY HEAD

Councilmember At Large Councilmember At Large

SUSAN G. GUIDRY DIANA E. BAJOIE KRISTIN GISLESON PALMER CYNTHIA HEDGE-MORRELL ERNEST F. CHARBONNET

Councilmember District "A" Councilmember District "B" Councilmember District "C" Councilmember District "D" Councilmember District "E"

COMPLETED AGENDARegular Meeting of the City Councilheld in City Hall Council Chamber

on Thursday, August 9, 2012 at 10:15 A.M.

PRESIDENT VICE PRESIDENTJACQUELYN BRECHTEL CLARKSON STACY HEAD

Councilmember-At-Large Councilmember-At-Large

ROLL CALLPEGGY LEWIS

CLERK OF COUNCIL

INVOCATIONIMAN RAFEEQ H. NUMAN, MASJIDUR RAHIM

PRESENTATION OF COLORS

PLEDGE OF ALLEGIANCE TO THE FLAGERNEST F. CHARBONNET

COUNCILMEMBER DISTRICT “E”

NATIONAL ANTHEMIMAGE MUSIQ

REV. DR. NORWOOD THOMPSON, JR. CITY COUNCIL CHAPLAIN

SPECIAL ORDERS OF BUSINESS

1. FIRST ORDER – PRESENTATION – IMAGE MUSIQ – BRANDON JOHNSON,CHRISTIAN FOSTER, TONY PROSPER AND JOHNTRELL ANDREWS

Brief:Recognizing the group Image Musiq for their outstandingcareer.

Annotation:(Cn. Hedge-Morrell).APPEARED.

2. SECOND ORDER – PRESENTATION – MTUMISHI ST. JULIEN, NEWORLEANS FINANCE AUTHORITY

Brief:Discussing the New Bond Loan Program.

Annotation:(Cn. Clarkson).APPEARED.

3. THIRD ORDER – CAL. NO. 29,138 - BY: COUNCILMEMBERSCLARKSON AND GISLESON PALMER

Brief:An Ordinance to name and dedicate Treigle Plaza, in honorof Norman Treigle, the greatest opera singer to have hailedfrom the City of New Orleans.

ADOPTED, AS AMENDED. ORD. NO. 24985 M.C.S.

2

1. APPROVAL OF THE MINUTES – July 12, 2012, July 18, 2012(Special Meeting), July 26, 2012 (Special Meeting) and July26, 2012.

Annotation:APPROVED.

CONSENT AGENDA

1. COMMUNICATION - FROM DAVID MANTILLA D/B/A MAIS AREPAS

Brief:Requesting to appeal the Alcoholic Beverage Moratorium forproperty located at 1200 Carondelet Street.

Annotation:RECEIVED. (Hearing Date Set For 8/23/12).

2. COMMUNICATION - FROM DAVID W. GERNHAUSER, SECRETARY, BOARDOF LIQUIDATION, CITY DEBT

Brief:Informing the Council that on July 25, 2012, the Board ofLiquidation, City Debt, sold $167,840,000 GeneralObligation Refunding Bonds, Series 2012 of the City of NewOrleans to CitiGroup as Senior Manager at a True InterestCost of (TIC) 3.23132%. Co-managers included Bank ofAmerica/Merrell Lynch; Dorsey & Co.; Loop Capital Markets;Morgan Stanley; Raymond James/Morgan Keegan; and StephensInc. Net Present Value savings totaled $26,277,772.85.These bonds are scheduled to be delivered August 28, 2012,and a final official statement will follow when available.

Annotation:RECEIVED.

3

3. COMMUNICATION – FROM LISA M. HUDSON, DIRECTOR OF PERSONNEL,DEPARTMENT OF CITY CIVIL SERVICE

Brief:Submitting for Council approval an Amendment to theClassified Pay Plan (Chief Administrative Office) asadopted by the Civil Service Commission at its meeting ofJuly 30, 2012, in accordance with Article X, Section 10 ofthe Constitution of Louisiana.

Annotation:RECEIVED AND REFERRED TO THE BUDGET COMMITTEE.

4. COMMUNICATION – FROM LISA M. HUDSON, DIRECTOR OF PERSONNEL,DEPARTMENT OF CITY CIVIL SERVICE

Brief:Submitting for Council approval an Amendment to theClassified Pay Plan (Finance) as adopted by the CivilService Commission at its meeting of July 30, 2012, inaccordance with Article X, Section 10 of the Constitutionof Louisiana.

Annotation:RECEIVED AND REFERRED TO THE BUDGET COMMITTEE.

5. COMMUNICATION – FROM COURTNEY R. NICHOLSON, COUNSEL, LEGALSERVICES – REGULATORY, ENTERGY SERVICES, INC.

Brief:Submitting an original and two copies of the SupplementalDirect Testimony of Charles L. Rice, Jr. in the referencedmatter, in compliance with Resolutions R-10-322 and R-11-303. (CNO Docket No. UD-11-01)


4

6. COMMUNICATION - FROM COURTNEY R. NICHOLSON, COUNSEL, LEGALSERVICES – REGULATORY, ENTERGY SERVICES, INC.

Brief:Providing three copies of the public responses of thefollowing:

Entergy Texas, Inc.’s (“ETI”) response to the CommissionStaff’s (“Staff”) 1-20 Addendum 4 filed with the PublicUtility Commission of Texas (“PUCT”) in PUCT Docket No.40346 on July 20, 2012; and

ETI’s Rebuttal Testimony of John P. Hurstell, Phillip R.May, Brett A. Perlman, Sallie T. Reiner, Richard C.Riley, and Michael M. Schnitzer filed with the PUCT inDocket No. 40346 on July 23, 2012, pursuant toResolutions R-11-303 and R-10-322. (CNO Docket No. UD-11-01)


7. COMMUNICATION - FROM J. CHRISTOPHER NEEL, SENIOR COUNSEL,LEGAL SERVICES - REGULATORY, ENTERGY SERVICES, INC.

Brief:Submitting an original and two copies of the Request ofEntergy Louisiana, LLC to Offer Energy Efficiency Programsto its Electric Customers in the Fifteenth Ward of OrleansParish (Algiers). (CNO Docket No. UD-12-03)


5

8. COMMUNICATION – FROM WALTER J. WILKERSON, WILKERSON &ASSOCIATES, P.L.C., ATTORNEYS AND COUNSELLORS AT LAW

Brief:Submitting the Cross-Answering Testimony of the Advisors(Messrs, Joseph W. Rogers, Victor Prep and Phillip A.Movish), of Legend Consulting Group, Ltd., pursuant toResolution R-12-55. (Council Docket No. UD-11-01)


9. COMMUNICATION – FROM DAVID L. GUERRY, LONG LAW FIRM L.L.P.

Brief:Submitting an original and two (2) copies of the Cross-Answering testimony of the MISO witnesses Jennifer Curran,Richard Doying and R. Wayne Schug filed on behalf ofMidwest Independent Transmission System Operator, Inc.(Docket No. UD-11-01)


10. REPORT - OF THE EXECUTIVE DIRECTOR OF THE CITY PLANNINGCOMMISSION

Brief:Transmitting Zoning Docket Numbers 79/12 - Cn. GislesonPalmer, 80/12 - Cns. Hedge-Morrell and Charbonnet, 81/12 -Cns. Hedge-Morrell and Charbonnet, 82/12 - Cn. GislesonPalmer, 83/12 – Cn. Guidry, 84/12 – Cn. Bajoie, 85/12 – Cn.Charbonnet, Council Deadline 10/6/12. For InformationalPurposes Only – Request by the City Planning Commission toamend the Administrative Rules, Policies, and Proceduresrelative to the notice provisions (required method ofnotice) to CPC members prior to special Commissionmeetings. Cns. All, Cn. Deadline NONE. The City PlanningCommission recommended Approval.


6


Brief:Transmitting For Informational Purposes Only – TheNeighborhood Participation Program for Land Use Actions.The recommendation of the City Planning Commission beingthat the City Council consider if any further gradations ofthe “Project NPP” and mailed public notice requirements arenecessary. Cns. Citywide, Cn. Deadline NONE.

Annotation:RECEIVED AND REFERRED TO THE GOVERNMENTAL AFFAIRSCOMMITTEE.


Brief:Recommending “approval” of the appeal of the AlcoholicBeverages Moratorium in Council District “D” (Ordinance No.29,923) to permit the sale of alcoholic beverages forconsumption off-premises at Dwyer Food Store, a standardgrocery store, on Section 21, Lot 3D-5A, in the ThirdMunicipal District, bounded by Mayo, Rickert and DwyerRoads and Lake Forest Boulevard, in a B-2 NeighborhoodBusiness District located at 7701 Dwyer Road, subject toeight (8) provisos. (DR NO. 123/12)


7


Brief:Recommending “approval” of the appeal of the AlcoholicBeverages Moratorium in Council District “A” (Ordinance No.24,723 MCS) to permit the sale of alcoholic beverages forconsumption on-premises at Mellow Mushroom, a standardrestaurant, on Square 150, Pt. Lots F & G in the SeventhMunicipal District, bounded by Oak, Plum, Dante and DublinStreets, in a C-1A General Commercial District located at8227 Oak Street, subject to seven (7) provisos. (DR NO.133/12)



Brief:Recommending “approval” of the appeal of the AlcoholicBeverages Moratorium in Council District “B” (CalendarOrdinance No. 29,035) to permit the sale of alcoholicbeverages for consumption on-premises at Mais Arepas, astandard restaurant, on Square 213, Lot 19 in the FirstMunicipal District, bounded by Carondelet, Clio, and EratoStreets and St. Charles Avenue, in a C-1A GeneralCommercial District located at 1200 Carondelet Street,subject to seven (7) provisos. (DR NO. 124/12)


8

15. REPORT – OF COUNCILMANIC DISTRICT “B”

Brief:Recommending approval of the Restoration Tax Abatementrequest for:

RTA #2009-1157; 2203 St. Charles Avenue

RTA #2001-0282-52; (Transfer) 920 St. Charles Avenue


16. CAL. NO. 29,128 - BY: COUNCILMEMBER BAJOIE

Brief:An Ordinance to provide for a Residential PlannedCommunity District Overlay (RPC) to permit a multi-familydevelopment in an existing structure in an RD-2 Two-FamilyResidential District, on Square 232, Lots 7, 8 and ½ 9, inthe Sixth Municipal District, bounded by Napoleon Avenue,Camp, Magazine and Jena Streets, (Municipal Address: 912Napoleon Avenue); and otherwise to provide with respectthereto. (ZONING DOCKET NO. 45/12)

ADOPTED. ORD. NO. 24979 M.C.S.

17. CAL. NO. 29,129 - BY: COUNCILMEMBER BAJOIE

Brief:An Ordinance to provide for the establishment of aconditional use to permit a retail establishment greaterthan 10,000 square feet in floor area in a C-1A GeneralCommercial District, on Square 238, Lot 1 or X, or LotsPt. 32A, 2, 1, 6, 5 and Pt. of an undesignated lot, in theFirst Municipal District, bounded by the PontchartrainExpressway, Carondelet, Clio, and Baronne Streets(Municipal Address: 1117 Carondelet Street); and otherwiseto provide with respect thereto. (ZONING DOCKET NO.46/12)


9

18. CAL. NO. 29,130 - BY: COUNCILMEMBER HEDGE-MORRELL

Brief:An Ordinance to provide for the establishment of aconditional use to permit the expansion of an existingcemetery in an RM-2 Multi-Family Residential District, onSquare 3038, Lots 1, 2, and 4A or 3 and 4, in the ThirdMunicipal District, bounded by Touro, Frenchmen, Mandolinand Pelopidas Streets (Municipal Address: 4228 FrenchmenStreet); and otherwise to provide with respect thereto.(ZONING DOCKET NO. 52/12)


19. CAL. NO. 29,131 - BY: COUNCILMEMBER GUIDRY

Brief:An Ordinance to effect a zoning change from an RD-3 Two-Family Residential District to a B-1A Neighborhood BusinessDistrict, on Square 358, Lot S or 5 Pts. 14 and 15, in theSecond Municipal District, bounded by Orleans Avenue, NorthWhite, St. Peter and N. Broad Streets (Municipal Address:2764 Orleans Avenue); and otherwise to provide with respectthereto. (ZONING DOCKET NO. 54/12)



Brief:An Ordinance to provide for the establishment of aconditional use to permit a new public/government building(New Orleans Juvenile Justice Center) in an RD-2 Two-Family Residential District and an RM-3 Multi-FamilyResidential District, on Lots 17-61 and Tract X, all ofImperial Drive right-of-way, and a portion of the formerDavey Street right-of-way, and a portion of the formerDavey Street right-of-way between Imperial Drive andMilton Street, on Squares 2491-2495, 2496, and 2497 intheir entirety, in the Third Municipal District, generallybounded by Bayou St. John, Milton, Encampment, and SereStreets (Municipal Addresses: 1100 Milton Street and 51Imperial Drive); and otherwise to provide with respectthereto. (ZONING DOCKET NO. 55/12)


10

21. CAL. NO. 29,135 - BY: COUNCILMEMBERS GISLESON PALMER ANDHEAD

Brief:An Ordinance to provide for a zoning change from an HMR-3Historic Marigny/Treme Residential District to an HMC-2Historic Marigny/Treme Commercial District and aConditional Use to permit a multi-family development over10,000 square feet in floor area, on Square 386, Lots 15thru 22, B, Pt. 1 or A, 2, 4 or B, 9 and 10 or B, A2 or 14or C and Pt. B, in the Third Municipal District, bounded byHenriette Delille, Marais, Pauger, and St. Anthony Streets(Municipal Addresses: 1815 Henriette Delille, 1812 and 1822Pauger and 1211 St. Anthony Streets); and otherwise toprovide with respect thereto. (ZONING DOCKET NO. 57/12)


22. MOTION - NO. M-12-300 – BY: COUNCILMEMBER GUIDRY

Brief:Rescinding Motion No. M-12-199 and approving the report andrecommendation of the City Planning Commission on DESIGNREVIEW NO. 85/12 – COSTCO WHOLESALE – Requesting an appealof Article 11, Section 11.61 Retail Uses Greater Than25,000 Square Feet in Floor Area and of Article 10, Section10.3A Inner-City Urban Corridor of the Comprehensive ZoningOrdinance to permit a large scale retail development onSquares 616, 618, 619, 642-643 all Lots, in the SeventhMunicipal District, bounded by South Carrollton Avenue,Palmetto and Cambronne Streets and the PontchartrainExpressway (the Municipal addresses are unassigned), asmodified, and granted, subject to ten (10) waivers andthirteen (13) provisos.

ADOPTED.

MOTION TO ADOPT CONSENT AGENDA AND REFER OTHER MATTERS TOTHE PROPER AGENCY.YEAS: Bajoie, Charbonnet, Clarkson, Guidry, Head,

Hedge-Morrell - 6NAYS: 0ABSENT: Gisleson Palmer - 1AND THE CONSENT AGENDA WAS ADOPTED.

11

1. CARROLLTON-PALMETTO ECONOMIC DEVELOPMENT DISTRICT

HEARING HELD.

REGULAR AGENDA

ALL LAND USE MATTERS ARE SCHEDULED TO COMMENCE AT 11:00 A.M.OR THEREAFTER

1. HDLC APPEAL - OF TERRY A. FRIEDMAN, GENERAL CONTRACTOR,BUDGET REALTY INC.

Brief:Requesting to appeal the Historic District LandmarksCommission’s decision of “denial” of the demolition ofproperty located at 813-815 Tupelo Street.

Annotation:(Cn. Charbonnet, Cn. Deadline 9/9/12).APPROVED. See Motion No. M-12-303.

2. HDLC APPEAL - OF ERIC J. IGLESIAS

Brief:Requesting to appeal the Historic District LandmarksCommission’s decision of “denial” of the extension of thesecond floor gallery and enclosing it with wood, louveredshutters (begun without the required Certificate ofAppropriateness), expansion of the historic roof andaddition of three dormers on the front façade and one largedormer on the rear façade of property located at 1015Melpomene Street.

Annotation:(Cn. Bajoie, Cn. Deadline 9/9/12).DENIED. See Motion No. M-12-304.

12

3. NCDC APPEAL – OF STACEY ROGERS, SECRETARY, INTEGRALPROPERTIES, INC.

Brief:Requesting to appeal the Neighborhood Conservation DistrictCommittee’s decision of “denial” of the demolition ofproperty located at 519 S. Rocheblave Street.

Annotation:(Cn. Bajoie, Cn. Deadline 8/27/12).APPROVED. See Motion No. M-12-305.

4a. LEGISLATIVE GROUPING – ALCOHOLIC BEVERAGES MORATORIUMAPPEAL OF JAMES T. VU, MEMBER KAKKOII JAPANESE BISTREAUX

Brief:Requesting to appeal the Alcoholic Beverage Moratorium forproperty located at 7537 Maple Street.

Annotation:(Cn. Guidry).APPROVED. See Motion No. M-12-306.

4b. REPORT - OF THE EXECUTIVE DIRECTOR OF THE CITY PLANNINGCOMMISSION

Brief:Recommending “approval” of the appeal of the AlcoholicBeverages Moratorium in Council District “A” (Ordinance No.28,800 MCS) to permit the sale of alcoholic beverages forconsumption on-premises at Kakkoii Japanese Bistreaux, astandard restaurant, on Square 99, Lot 9 in the SeventhMunicipal District, bounded by Adams, Burthe, Hillary andMaple Streets, in a B-1 Neighborhood Business District,located at 7537 Maple Street. The recommendation of theCity Planning Commission staff being “FOR APPROVAL”, subjectto eight (8) provisos. (DR NO. 120/12)

Annotation:(Received at the meeting of 7/12/12).HEARING HELD.

13

5. ZONING DOCKET NO. 63/12 - CAO MINH NINH

Brief:Requesting a Zoning Change from an RD-3 Two-FamilyResidential District to a B-1A Neighborhood BusinessDistrict, on Square 1084, Lot T, in the Third MunicipalDistrict, bounded by Mazant, North Galvez, Bartholomew andNorth Miro Streets (Municipal Addresses: 2138 Mazant Streetand 4032 North Miro Street). The recommendation of theCity Planning Commission being “FOR APPROVAL”.

Annotation:(Cn. Hedge-Morrell, Cn. Deadline 8/25/12).CONTINUED TO THE MEETING OF 9/6/12.

6. ZONING DOCKET NO. 65/12 – FELIX A. WERNER AND ANNE K.WERNER

Brief:Requesting a Conditional Use to permit a tire collection,reduction and transfer facility in an LI Light IndustrialDistrict, on undesignated square, Lots 70-A and 68-B, inthe Third Municipal District, bounded by Old Gentilly Road,Sage, Almonaster, and Rose Avenues (Municipal Address:9300 Gentilly Road). The recommendation of the CityPlanning Commission being “FOR APPROVAL”, subject to one(1) waiver and twelve (12) provisos.

Annotation:(Cn. Charbonnett, Cn. Deadline 8/25/12).CONTINUED TO THE MEETING OF 8/23/12.

14

7. ZONING DOCKET NO. 66/12 – LAM-KING ENTERPRISES, LLC

Brief:Requesting an Amendment to the text of the ComprehensiveZoning Ordinance, No. 4264 MCS as amended, to amend Article10, Section 10.3A.6 Design Review Standards for the Inner-City Urban Corridor District (ICUC) to permit GeneralAdvertising Signs, with applicable standards on propertiesalong the entirety of Carrollton Avenue and segments ofGentilly Boulevard, Elysian Fields Avenue, South ClaiborneAvenue, North Claiborne Avenue, Earhart Boulevard, andSaint Claude Avenue. It also is applied to a large portionof the Mid-City neighborhood, including segments of CanalStreet and Tulane Avenue. The recommendation of the CityPlanning Commission being “FOR DENIAL”.

Annotation:(All Cns., Cn. Deadline 8/25/12).CONTINUED TO THE MEETING OF 8/23/12.

8. ZONING DOCKET NO. 68/12 – DRR VENTURES, LLC

Brief:Requesting a Conditional Use to permit the sale ofalcoholic beverages for consumption on-premises at astandard restaurant in a B-2 Neighborhood BusinessDistrict, on Square 16, Lots A and B, in the SixthMunicipal District, bounded by Camp, State, Magazine andEleonore Streets (Municipal Addresses: 5955 and 5961Magazine Street). The recommendation of the City PlanningCommission being “FOR APPROVAL”, subject to twelve (12)provisos.

Annotation:(Cn. Guidry, Cn. Deadline 9/8/12).APPROVED. See Motion No. M-12-307.

15

9. ZONING DOCKET NO. 73/12 – MARY P. SULLIVAN

Brief:Requesting a Conditional Use to permit the sale ofalcoholic beverages for consumption on premises at astandard restaurant in an LB-1 Lake Area Business Districtand within the LADC Lake Area Design Corridor OverlayDistrict, on Square 230, Lot B, in the Second MunicipalDistrict, bounded by Harrison Avenue, Louis XIV, Bragg andLouisville Streets (Municipal Address: 515 HarrisonAvenue). The recommendation of the City PlanningCommission being “FOR APPROVAL”, subject to twelve (12)provisos.

Annotation:(Cn. Guidry, Cn. Deadline 9/22/12).CONTINUED TO THE MEETING OF 8/23/12.

10. ZONING DOCKET NO. 75/12 – 445 SOUTH RAMPART, LLC

Brief:Requesting a Conditional Use to permit an amusement placein a CBD-1 Central Business District, on Square 297, Lots Cor Pts. 1 thru 4, B or Pts.1 thru 4, and A or Pts. 1 thru4, in the First Municipal District, bounded by LoyolaAvenue, Perdido, South Rampart, and Poydras Streets(Municipal Addresses: 445, 447, 449 South Rampart Street).The recommendation of the City Planning Commission being“FOR APPROVAL”, subject to fifteen (15) provisos.


16

11. ZONING DOCKET NO. 76/12 – TOM K VO

Brief:Requesting a Zoning Change from an RD-3 Two-FamilyResidential District to an RM-2A Multi-Family ResidentialDistrict, on Square 322, Lot 95, in the Second MunicipalDistrict, bounded by St. Philip, North Dorgenois, Dumaineand North Rocheblave Streets (Municipal Address: 2534 St.Philip Street). The recommendation of the City PlanningCommission being “FOR DENIAL”.

Annotation:(Cn. Guidry, Cn. Deadline 9/22/12).DENIED. See Motion No. M-12-309.

12. ZONING DOCKET NO. 77/12 – SOUTH MARKET DISTRICT, LLC

Brief:Requesting the Rescission of Ordinance No. 23,651 MCS anda new Conditional Use to permit a non-accessory parkinggarage in a CBD-5 Central Business District, on Square 258,Lot B, in the First Municipal District, bounded by O’KeefeAvenue, Girod, Lafayette and Baronne Streets (MunicipalAddress: 939 Girod Street). The recommendation of theCity Planning Commission being “FOR APPROVAL”, subject totwo (2) waivers and ten (10) provisos.


17

13. DESIGN REVIEW NO. 117/12 – CHRISTOPHER SYLVAIN ON BEHALF OFGILBERT COPELAND

Brief:Requesting an appeal of the Inner-City Urban Corridor(I.C.U.C.) District Regulations, Article 10, and Section10.3A of the Comprehensive Zoning Ordinance to permit apharmacy and restaurant within an existing vacantcommercial building in a C-1A General Commercial District,in the First Municipal District, on Square 584, Lots V, W,X or part of lots 23, 24, and 25, bounded by Tulane Avenue,S. Broad, Banks and S. Dorgenois Streets (MunicipalAddress: 2657 Tulane Avenue). The recommendation of theCity Planning Commission being “FOR APPROVAL”, subject totwo (2) waivers and seven (7) provisos.


14. LEGISLATIVE GROUPING – MUNICIPAL COURT ORDINANCES

a. CAL. NO. 28,775 - BY: COUNCILMEMBER GUIDRY

Brief:An Ordinance to amend and reordain Section 50-6 of the Codeof the City of New Orleans, relative to the JudicialExpense Fund for the Municipal Court of the City of NewOrleans, to require that all funds remaining in saidJudicial Expense Fund at the end of each calendar year beremitted to the general fund for the City of New Orleans;and otherwise to provide with respect thereto.

Annotation:(Referred to the Budget Committee).CONTINUED TO THE MEETING OF 8/23/12.

18

b. CAL. NO. 28,776 - BY: COUNCILMEMBER GUIDRY

Brief:An Ordinance to amend and reordain Division 1 of ArticleIII of Chapter 154 of the Code of the City of New Orleans,to add a new section thereto, to be designated as Section154-107, relative to the Judicial Expense Fund for theTraffic Court of the City of New Orleans, to require thatall funds remaining in said Judicial Expense Fund at theend of each calendar year be remitted to the general fundfor the City of New Orleans; and otherwise to provide withrespect thereto.

Annotation:(Referred to the Budget Committee).CONTINUED TO THE MEETING OF 8/23/12.

c. CAL. NO. 28,798 - BY: COUNCILMEMBER GUIDRY

Brief:An Ordinance to amend Ordinance Number 24,680 M.C.S., asamended, entitled "An Ordinance Providing an OperatingBudget of Revenues for the City of New Orleans for the Year2012" to appropriates funds from the Municipal CourtJudicial Expense Fund.

Annotation:(Referred to the Budget Committee).(Amendment).CONTINUED TO THE MEETING OF 8/23/12.

d. CAL. NO. 28,799 - BY: COUNCILMEMBER GUIDRY

Brief:An Ordinance to amend Ordinance Number 24,681 M.C.S., asamended, entitled "An Ordinance Providing an OperatingBudget of Expenditures for the City of New Orleans for theYear 2012" to appropriate funds to Municipal Court.

Annotation:(Referred to the Budget Committee).(Amendment).

CONTINUED TO THE MEETING OF 8/23/12.

19

e. CAL. NO. 28,925 - BY: COUNCILMEMBERS CLARKSON, HEAD ANDHEDGE-MORRELL (BY REQUEST)

Brief:An Ordinance to amend Ordinance No. 24,680 M.C.S., asamended entitled "An Ordinance Providing an OperatingBudget of Revenues for the City of New Orleans for the Year2012" to appropriate funds from Intergovernmental transfersto the Municipal Court for operational court expenses.

Annotation:(Fiscal Note received).CONTINUED TO THE MEETING OF 8/23/12.

f. CAL. NO. 28,926 - BY: COUNCILMEMBERS CLARKSON, HEAD ANDHEDGE-MORRELL (BY REQUEST)

Brief:An Ordinance to amend Ordinance No. 24,681 M.C.S., asamended entitled "An Ordinance Providing an OperatingBudget of Expenditures for the City of New Orleans for theYear 2012" to appropriate funds from Intergovernmentaltransfers to the Municipal Court for operational courtexpenses.

Annotation:(Fiscal Note received).CONTINUED TO THE MEETING OF 8/23/12.

20

15. CAL. NO. 28,654 - BY: COUNCILMEMBER HEAD

Brief:An Ordinance to provide for the establishment of aConditional Use to permit the sale of alcoholic beveragesfor consumption off-premises at a retail pharmacy in a C-1General Commercial District and an RO General OfficeDistrict, within the Inner-City Urban Corridor District,on Square 672, Los A-1 and B-1, in the Sixth MunicipalDistrict, bounded by South Claiborne and Napoleon Avenues,Willow and Jena Streets (Municipal Address: 4400-4432South Claiborne Avenue); and otherwise to provide withrespect thereto. (Zoning Docket Number 43/11)

Annotation:(Technical Amendment needed).CONTINUED TO THE MEETING OF 8/23/12.

16. CAL. NO. 28,791 – BY: COUNCILMEMBERS CLARKSON, GRANDERSON,GUIDRY, HEAD, GISLESON PALMER AND HEDGE-MORRELL (BY REQUEST)

Brief:An Ordinance to amend Ordinance No. 24,223 M.C.S., asamended entitled An Ordinance Providing an Operating Budgetof Revenues for the City of New Orleans for the Year 2011,to adjust revenues in various categories.


17. CAL. NO. 28,792 – BY: COUNCILMEMBERS CLARKSON, GRANDERSON,GUIDRY, HEAD, GISLESON PALMER AND HEDGE-MORRELL (BY REQUEST)

Brief:An Ordinance to amend Ordinance No. 24,224 M.C.S., asamended entitled “An Ordinance Providing an OperatingBudget of Expenditures for the City of New Orleans for theYear 2011” to provide funding to the various departments tocover overages incurred during the year for 2011.

Annotation:(Technical Amendment needed).CONTINUED TO THE MEETING OF 8/23/12.

21

18. CAL. NO. 28,856 - BY: COUNCILMEMBER CLARKSON

Brief:An Ordinance to amend and re-ordain Section 10-369 of theCode of the City of New Orleans relative to increasing theminimum age of persons permitted on the premises of analcoholic beverage outlet from 18 to 21 years old; andotherwise to provide with respect thereto.

Annotation:(Referred to the Criminal Justice Committee).CONTINUED TO THE MEETING OF 8/23/12.

19. CAL. NO. 28,857 - BY: COUNCILMEMBER CLARKSON

Brief:An Ordinance to amend and re-ordain Section 10-157(a)(3) ofthe Code of the City of New Orleans relative to grounds forsuspension or revocation or remedial sanctions of analcoholic beverage permit; to increase the minimum age ofpersons not permitted on the premises of an alcoholicbeverage outlet from 18 to 21 years old; and increase thearea of prohibited loitering from “on” the premises to“upon or around” said premises; and otherwise to providewith respect thereto.

Annotation:(Referred to the Criminal Justice Committee).CONTINUED TO THE MEETING OF 8/23/12.


Brief:An Ordinance to authorize a one-time extension of thedeadline for the Quality Assurance Review AdvisoryCommittee for the Office of Inspector General to publiclypresent its annual written review from May 31 to October15, 2012; and otherwise to provide with respect thereto.

Annotation:(Referred to the Governmental Affairs Committee).ADOPTED. ORD. NO. 24978 M.C.S.

22

21. CAL. NO. 29,136 - BY: COUNCILMEMBER CLARKSON (BY REQEUST)

Brief:An Ordinance to amend and reordain the Unclassified PayPlan for officers and employees in the unclassified serviceof the City of New Orleans in accordance with Section 3-118and 4-206(g) of the Home Rule Charter of the City of NewOrleans to establish the salary range for the position ofSecretary of Safety and Permits (U-0121) and Secretary ofNew Orleans Recreation Development Commission (U-0119), toprovide an adjustment in the salary allowable within theUnclassified Pay Plan.


22. CAL. NO. 29,137 - BY: COUNCILMEMBERS CLARKSON, HEAD,GUIDRY, BAJOIE, GISLESON PALMER AND HEDGE-MORRELL (BYREQUEST)

Brief:An Ordinance to amend and re-ordain Ordinance No. 24,679,M.C.S., entitled “an ordinance providing a Capital Budgetfor the Year 2012,” to effect the following changes to the2012 Capital Budget: de-appropriate Federal EmergencyManagement Agency Public Funds from the New OrleansRecreation Development Commission, and appropriate FederalEmergency Management Agency Public Funds to the Departmentof Human Services, Department of Property Management,Department of Public Works, New Orleans RecreationDevelopment Commission, New Orleans Museum of Art, and NewOrleans Municipal Yacht Harbor Management Corporation; andotherwise to provide with respect thereto.


23

23. CAL. NO. 29,139 - BY: COUNCILMEMBER HEDGE-MORRELL

Brief:An Ordinance to temporarily waive certain fees, permitfees, and requirements for the Seals Outreach Back toSchool Drive Event sponsored by Seal Class Act Social Aidand Pleasure Club on Sunday, August 19, 2012 from 3:00 p.m.to 8:00 p.m. within and around the 2100 block of AubryStreet in New Orleans, LA between N. Miro Street and N.Galvez Street, to specify the duration and boundaries ofsaid waiver, and to provide otherwise with respect thereto.


24. CAL. NO. 29,140 - BY: COUNCILMEMBERS CLARKSON, HEAD ANDHEDGE-MORRELL (BY REQUEST)

Brief:An Ordinance to amend Ordinance No. 24,680 M.C.S., asamended entitled "An Ordinance Providing an OperatingBudget of Revenues for the City of New Orleans for the Year2012" to appropriate State Grant funds fromIntergovernmental transfers to the Office of the Mayor,Office of Community Development for State Emergency ShelterGrant.


25. CAL. NO. 29,141 - BY: COUNCILMEMBERS CLARKSON, HEAD ANDHEDGE-MORRELL (BY REQUEST)

Brief:An Ordinance to amend Ordinance No. 24,681 M.C.S., asamended entitled "An Ordinance Providing an OperatingBudget of Expenditures for the City of New Orleans for theYear 2012" to appropriate State Grant funds fromIntergovernmental transfers to the Office of the Mayor,Office of Community Development for State Emergency ShelterGrant.


24

26. CAL. NO. 29,142 - BY: COUNCILMEMBERS GISLESON PALMER ANDCLARKSON

Brief:An Ordinance to temporarily waive certain fees andrequirements and permit street closure within and aroundthe 200 block to the 1100 block of Royal Street, betweenIberville Street and Ursulines Avenue in conjunction withthe Arts Council of New Orleans’ Dirty linen Night onAugust 11, 2012 to specify the duration and boundaries ofsaid waiver; and to provide otherwise with respect thereto.


27. CAL. NO. 29,144 - BY: COUNCILMEMBERS CLARKSON, HEAD,BAJOIE, GISLESON PALMER, GUIDRY AND HEDGE-MORRELL (BYREQUEST)

Brief:An Ordinance to amend and re-ordain Ordinance No. 24,679,M.C.S., entitled an ordinance providing a Capital Budgetfor the Year 2012, to effect the following changes to the2012 Capital Budget: transfer funds within the Departmentof Property Management, the Department of Public Works andthe New Orleans Recreation Development Commission; transferfunds from the Department of Property Management to theDepartment of Public Works; to transfer funds from theHealth Department to the Department of Public Works;appropriate funds to the Department of Property Management,the New Orleans Recreation Development Commission, and TheCity Planning Commission; and otherwise to provide withrespect thereto.


25

28. CAL. NO. 29,145 - BY: COUNCILMEMBER CLARKSON (BY REQUEST)

Brief:An Ordinance to amend and reordain Chapter 62 of the Codeof the City of New Orleans, to add thereto new sectionsrelative to providing for regulation of private providersof emergency medical services in Orleans Parish; standardsfor emergency medical services in Orleans Parish; andotherwise to provide with respect thereto.

WITHDRAWN.

29. CAL. NO. 29,146 - BY: COUNCILMEMBER GISLESON PALMER (BYREQUEST)

Brief:An Ordinance to amend and re-ordain Chapter 162, Section162-380 of the Code of the City of New Orleans relative tothe criteria and standards of inspections of for hirevehicles, to provide an effective date for the ordinance;and otherwise to provide with respect thereto.


26

30. MOTION (LYING OVER) – NO. M-12-7 – BY: COUNCILMEMBERS HEADAND GISLESON PALMER

Brief:Amending Rule 39 of the Rules and Regulations of theCouncil to read as follows:

“Standing Committees

Rule 39. The following standing committees shall beappointed by the President of the Council, subject toCouncil confirmation by motion:

Budget, Audit, and Board of Review Committee

Utility Committee

Cable, Telecommunications and Technology Committee

Housing and Human Needs Committee

Economic Development and Special Development ProjectsCommittee

Transportation Committee

Election Code and Reapportionment Committee

Youth and Recreation Committee

Governmental Affairs Committee

Public Works, Sanitation and Environmental Committee

Criminal Justice Committee

Airport Committee

Health, Education, and Social Services Committee

Except as otherwise provided by this rule, each committeeshall consist of three members and one alternate. Thealternate member shall serve on the committee in theabsence of one of the committee members.The following rules shall apply to the Standing Committees:

*****”

Annotation:(Referred to the Governmental Affairs Committee).CONTINUED TO THE MEETING OF 8/23/12.

27

31. MOTION (LYING OVER) – NO. M-12-8 – BY: COUNCILMEMBERHEDGE-MORRELL

Brief:Amending Rule 39 of the Rules and Regulations of theCouncil to read as follows:

“Standing Committees

Rule 39. The following standing committees shall beappointed by the President of the Council, subject toCouncil confirmation by motion:

Budget, Audit, and Board of Review Committee

Utility, Cable, Telecommunications and TechnologyCommittee

Housing and Human Needs Committee

Economic Development and Special Projects Committee

Sanitation and Environmental Committee

Transportation Committee

Election Code and Reapportionment Committee

Youth and Recreation Committee

Governmental Affairs Committee

Public Works,

Criminal Justice Committee

Airport Committee

Health, Education, and Social Services Committee

Except as otherwise provided by this rule, each committeeshall consist of three members and one alternate. Thealternate member shall serve on the committee in theabsence of one of the committee members.The following rules shall apply to the Standing Committees:

*****”

Annotation:(Referred to the Governmental Affairs Committee).(Technical Amendment needed).CONTINUED TO THE MEETING OF 8/23/12.

28

32. MOTION (LYING OVER) – NO. M-12-9 – BY: COUNCILMEMBERHEDGE-MORRELL

Brief:Amending Rule 39 of the Rules and Regulations of the CityCouncil in accordance with Section 3-107 of the Home RuleCharter of the City Council to read as follows:“ELECTION OF COUNCIL PRESIDENT AND VICE-PRESIDENT

Rule 8. At its organizational meeting, the Council shallelect a President, which shall thereafter be rotatedannually between the two Councilmembers-at-Large. TheCouncil shall also elect one of its district members asVice-President. However, effective March 2012, the term ofthe Vice President shall be five months and the Councilshall elect each of its district members (in alphabeticalorder by district) to serve said five month term.Effective on the first Monday in May 2014, the term of theVice-President shall be nine and one-half months. Should adistrict councilmember decline the vice-presidency, theCouncil shall proceed alphabetically by district to beelect the next district councilmember to the vice-presidency.”

Annotation:(Referred to the Governmental Affairs Committee).(Technical Amendment needed).CONTINUED TO THE MEETING OF 8/23/12.

33. MOTION – NO. M-12-293 – BY: COUNCILMEMBER CHARBONNET

Brief:Directing the City Planning Commission to conduct a publichearing to consider the applications of CVS, including, butnot limited to applications for a Design Review and aConditional Use for a retail development greater than 7,500Square Feet, in a C-1 and C-2 General Commercial District,within the Eastern New Orleans Renaissance Corridor InterimZoning District, on behalf of Lake Forest Plaza, LLC, forconsideration of a CVS pharmacy, located on Square T12S-R12E, sections 2 & 3, Lot 7F-2B-1, in the Third MunicipalDistrict, bounded by the I-10 Service Road, Read Boulevard,Plaza Drive and Lake Forest Boulevard (Municipal Address:5902 Read Boulevard).

ADOPTED.

29

34. MOTION – NO. M-12-294 – BY: COUNCILMEMBER CHARBONNET

Brief:Directing the City Planning Commission to conduct a publichearing to consider the rescission of conditional useordinances 10,384 M.C.S., 12,751 M.C.S. and 12,686 M.C.S,with any subsequent administrative amendments, all of whichare no longer required or applicable for the site of aproposed Wal-Mart, located on Lots 4-A-4-1-C-2, 4-A-4-2, 4-A-4-1-C-1, 4-A-4-1-A, 4-A-4-1-B, and 4-A-4-3, on anundesignated square, in the Third Municipal District, in anSC Shopping Center District, generally bounded by BullardAvenue, the Berg Canal, Interstate 10 Service Road and LakeForest Boulevard. As to Lots 4-A-4-1-C-2, 4-A-4-2, 4-A-4-1-C-1, 4-A-4-1-A, 4-A-4-1-B, and 4-A-4-3 the conditionaluse ordinances will be rescinded.

ADOPTED.

35. RESOLUTION – NO. R-12-295 – BY: COUNCILMEMBER CHARBONNET(BY REQUEST)

Brief:Rescinding Resolution No. R-12-246 and calling a specialelection for the New Orleans Regional Business Park forTuesday, November 6, 2012 in the City of New Orleans.

WITHDRAWN.

36. SUBSTITUTE RESOLUTION – NO. R-12-295 – BY: COUNCILMEMBERCHARBONNET (BY REQUEST)

Brief:Rescinding Resolution No. R-12-246 and calling a specialelection for the New Orleans Regional Business Park forTuesday, November 6, 2012 in the City of New Orleans.

ADOPTED.

30

37. RESOLUTION – NO. R-12-297 – BY: COUNCILMEMBER HEDGE-MORRELL

Brief:Resolution calling a special election in the GentillyTerrace and Gardens Security District for November 6, 2012.

ADOPTED.

38. RESOLUTION – NO. R-12-298 – BY: COUNCILMEMBER HEDGE-MORRELL

Brief:Resolution calling a special election in the NorthKenilworth Improvement and Security District for Tuesday,November 6, 2012.

ADOPTED.

39. RESOLUTION – NO. R-12-299 – BY: COUNCILMEMBER CHARBONNET(BY REQUEST)

Brief:Rescinding Resolution No. R-12-245 and calling a specialelection for Tuesday, November 6, 2012 in the City of NewOrleans.

WITHDRAWN.

40. MOTION – NO. M-12-301 – BY: COUNCILMEMBERS CLARKSON, HEAD,GUIDRY, GISLESON PALMER, HEDGE-MORRELL AND CHARBONNET

Brief:Electing Councilmember-at-Large Stacy Head to serve asPresident of the Council, until May 2, 2013.

ADOPTED.

31

41. MOTION – NO. M-12-302 – BY: COUNCILMEMBERS CLARKSON, HEAD,GUIDRY, GISLESON PALMER, HEDGE-MORRELL AND CHARBONNET

Brief:Electing Councilmember-at-Large Jacquelyn Brechtel Clarksonto serve as Vice-President of the Council, until May 2,2013.

ADOPTED.

42. ORDINANCES ON FIRST READING

CALENDAR NUMBERS 29,155 thru 29,167.

INTRODUCED AND LAID OVER AS REQUIRED BY LAW.

the council city of new orleans completed... · the council city of new orleans ... rta #2009-1157;...

Documents