The Mayor and City Council of the City of Gretna met this day

Transcription

OFFICIAL MINUTES OF
CITY OF GRETNA
Gretna, LA
Wednesday, December 12, 2007
The Mayor and City Council of the City of Gretna met this day on Wednesday, December 12,
2007 at 5:30 p.m., in regular session with the following members present: Mayor Ronnie C. Harris;
Council Members: Jonathan C. Bolar, Belinda C. Constant, Vincent E. Cox III, Wayne A. Rau
and Ricky J. Templet.
Absent: None
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Notice of the meeting of the Mayor and City Council of the City of Gretna, scheduled for
Wednesday, December 12, 2007 was published in the Thursday, December 6, 2007 edition of the
Gretna Times-Picayune, and posted on the bulletin board in front of Gretna City Hall.
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Rev. K. C. Roberson, Pastor of Boynton Methodist Church offered a prayer after the roll call,
followed by the Pledge of Allegiance of the United States of America.
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On motion by Councilman Rau and seconded by Councilman Templet, IT WAS RESOLVED
to amend the December 12, 2007 meeting agenda to add a resolution requesting naming Mark Morgan
interim City Attorney for the City of Gretna on an as needed basis for a period of time not to exceed
one year; an ordinance amending Ordinance No. 1945 of the City of Gretna, adopted by the City
Council on the 12th day of July 1989, more particularly amending the zoning classification of Lot 11,
Square 7, Brooklyn #2 Subdivision, Gretna, Louisiana, from R-1 (Single Family Residential) to R-2
(Two-Family Residential), and directing, authorizing and empowering the Code Enforcement Official
to alter and amend the Official Zoning Map of the City of Gretna; an ordinance approving the
resubdivision of Lots 22 and 23, Square 13, Suburban Park Subdivision, City of Gretna, Parish of
Jefferson, State of Louisiana INTO Lots 22-A and 23-A, Square 12, Suburban Park Subdivision, as per
the plan of survey and resubdivision of Dufrene Surveying & Engineering Inc., dated November 2,
2007; a variance request for 1904 and 1920 Hancock Street and a request by the Westbank Social
Marching Club to procession on Mardi Gras Day, and the same were unanimously approved.
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On motion by Councilman Cox and seconded by Councilman Bolar, IT WAS RESOLVED
to approve the November 14, 2007 regular meeting minutes and the same was unanimously approved.
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On motion by Councilman Cox and seconded by Councilwoman Constant, the following
resolution was read and adopted section by section and then as a whole by the following vote:
Yeas: Council Members Bolar, Constant, Cox, Rau and Templet
Nays: None
Absent: None
RESOLUTION NO. 2007-120
A resolution requesting naming Mark Morgan interim
City Attorney for the City of Gretna on an as needed
basis for a period of time not to exceed one year.
WHEREAS, the City of Gretna has an interest in the health, safety, and welfare of its citizens;
and
WHEREAS, the City of Gretna has a need to appoint an interim City Attorney; and
WHEREAS, the Mayor makes such an appointment subject to the approval of the City
Council.
NOW THERERFORE BE IT RESOLVED, by the Gretna City Council, acting as legislative
authority for said City that:
Mark Morgan is hereby named interim City Attorney for the City of Gretna
on an as needed basis for a period of time not to exceed one year.
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OFFICIAL MINUTES OF
CITY OF GRETNA
Gretna, LA
On motion by Councilman Cox and seconded by Councilman Rau, IT WAS RESOLVED to
begin the public hearing on the ordinance expanding the corporate city limits of the City of Gretna to
include the area commonly referred to as Timberlane, as well as some adjacent property, all as set forth
more fully in the attached Exhibit A, and the same was unanimously approved.
Mrs. Lydia Jemison, President of Jemison and Partners, Inc., highlighted the study on the
proposed annexation of Timberlane Subdivision. She advised that there was an amendment to the
annexation ordinance. The Jefferson Parish Attorney’s Office requested that the city delete the
Timberlane Golf driving range from the description, which is included in the section of the ordinance
that describes the boundaries.
The verbiage to be deleted is as follows: “In addition of parcel of property that is currently
occupied by the driving range for the Timberlane Country Club located at the intersection of
Timberlane Drive and Lapalco Boulevard as part of the property.” The eastern boundary would be
Timberlane Drive because it is part of another precinct.
On motion by Councilman Cox and seconded by Councilwoman Constant, IT WAS
RESOLVED to amend the ordinance expanding the corporate city limits of the City of Gretna to
include the area commonly referred to as Timberlane, as well as some adjacent property, all as set forth
more fully in the attached Exhibit A, deleting the parcel of property that is currently occupied by the
driving range for the Timberlane Country Club located at the intersection of Timberlane Drive and
Lapalco Boulevard, and the same was unanimously approved.
Mrs. Jemison again provided a synopsis of the result of the Timberlane Annexation study. She
stated that the study had been ongoing since May 2007. Boundaries of the studied areas were Belle
Chasse Highway, Timberlane Drive north of Lapalco, south of Lapalco (Marlene Drive); Bayou
Fatma, the Verret Trapp Canal and the Whitney Avenue Canal on the west.
Based on the results of the study she recommended that the City of Gretna considered a Mixed
Use Corridor District, similar to what Jefferson Parish had in place along Belle Chasse Highway and
Enterprise Drive. In addition, the city must consider adding a new residential zoning district, which
would protect the existing development pattern in the Timberlane area. Timberlane’s existing
development pattern exceeded the minimum lot area set for R-1A zoning district, which is 5,000
square feet. Suggested zoning districts to be considered would be the R-1B zoning district with lot
areas of 7,200 square feet, the R-1C with lot areas of 12,000 square feet and the R-1D with lot areas of
20,000 square feet.
Mrs. Jemison stated that the Operational Analysis was also conducted to determine the
feasibility of the city taking on the responsibility of the annexation as opposed to Timberlane
Subdivision remaining within Jefferson Parish.
At this time, the millage is 107.97 mills for Jefferson Parish. With the annexation, Gretna’s
millage for Timberlane would be 91.09 mills. Jefferson Parish’s millage for Timberlane with the
annexation would be 36.2 mills. Adding Gretna’s and the Parish’s millage would total 121.71 mills
with the annexation. The total estimated property tax millage was based on the total assessment
completed by the Jefferson Parish Assessor in 2006, which amounted to $14,633,650.00. Under the
proposed annexation, with the 30.62 mills, Gretna would receive $448,082 and Jefferson Parish would
receive $1,332,979. Franchise fees will be an important part of the annual revenue projected (Atmos
Energy, Cox Communications), which would total $46,000 in revenues. Garbage collection would cost
more with the annexation, than is collected by the city, estimated at $102.00. The total revenue
projected with the annexation is about $106,000.00. The typical property tax and based on the assessed
value, there is a difference. On a $150,000 house with the assessed of $15,000, minus the Homestead
Exemption the taxes would be $810.00 as opposed to Jefferson Parish tax with Homestead Exemption
$683.00 proposed tax, which is a difference of $152.00. There were actions items necessary for the
annexation such as ordinances approving the Timberlane Annexation; a cooperative endeavor
agreements between the city and parish detailing the government operations. In addition, water and
sewer servitude would be needed for repairs and maintenance. Should the annexation be approved, the
City of Gretna would realize a 5.87 increase in population. The increased population would be very
helpful because state and federal programs are based on population.
Mrs. Jemison recapped the study’s recommendations, which were to create the three residential
zoning districts to protect the existing development pattern in Timberlane. Create a new MUCD that
would allow a combination of land uses with landscaping, special design and sign regulations, similar
to the mixed used corridor district and to review fire protection to make certain that it would be in the
best interest of the city and the parish.
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OFFICIAL MINUTES OF
CITY OF GRETNA
Gretna, LA
Mayor Harris stated that the annexation study was performed with the best information
available at that time. Subsequently, the city spoke with the Property Insurance Association of
Louisiana. He also spoke to various mayors and understood that there are other concerns that must be
addressed regarding the annexation.
At this time Mayor Harris announced that Mr. Bobby Black, Fire Chief would provide a
statement to the Council relative to fire protection regarding the proposed annexation.
Chief Black reported as to how the annexation of Timberlane would affect the fire rating for the
city and the proposed area to be annexed. He explained that it had been reported that if the Timberlane
area were annexed into the City of Gretna, fire protection would be provided to Timberlane by the
Terrytown Volunteer Fire Department. He believed that as Fire Chief, for the City of Gretna, several
questions and concerns needed to be addressed. He asked how would the agreement with Terrytown
Volunteer Fire Department providing fire protection to the annexed area affect the current fire
protection rating of the city? He explained that the Property Insurance Association of Louisiana (PIAL)
was the agency that graded fire protection services. PIAL stated that the annexed area would be part of
the City of Gretna, therefore used in determining the fire protection rating. Furthermore PIAL was of
the opinion that by allowing Terrytown Volunteer Fire Department to provide fire protection to the
annexed area such would have an adverse effect on the city’s present fire rating. Since the proposed
annex area is to be included and calculated in the fire protection rating, that area would in turn be
adversely affected as well. He expressed that another concern was by the annexation having an adverse
effect on the fire rating, how would fire calls be addressed. In addition, other concerns he expressed
were how would 911 calls be handled; how would the 2% rebate on fire insurance premiums, which
currently fund the Gretna Fire Board be handled; how would pre-plans on commercial establishments
be handled; how would dual membership for firefighters belonging to Terrytown Volunteer Fire
Department and David Crockett Volunteer Fire Company be affected; how would telephone numbers
be listed for both departments and how would the sale and use of fireworks in the annexed area be
regulated.
Chief Black reminded city officials that compliance with required timeframe response to fire
calls was a paramount concern to the safety of life and property. Chief Black emphasized that these
concerns were not a power struggle issue. These concerns were to provide the best fire protection to
the residents of Gretna both present and future without any adverse effects. The concerns are important
as it affects all of the residents of Gretna and Chief Black was of the opinion that he would bring them
to the Mayor and Council’s attention in order to assist in their deliberations.
Councilman Cox asked when will a final decision be made by the Property Insurance
Association of Louisiana regarding the annexation having an adverse effect on Gretna’s fire ratings,
response time and volunteer membership.
Chief Black responded that the Property Insurance Association of Louisiana made their survey
but the results of that survey would not be available until six months giving the city to make
improvements. At this time, improvements are being implemented in the city such as water supply,
communications, etc. Currently, the city is on the borderline of a Class 2 Fire Rating due to
circumstances beyond its control. However, with an adverse effect of the annexation it will deduct
points and could definitely jeopardized the fire rating for current Gretna. It would be an adverse effect
on Terrytown also, because there are some areas that are a 1-1/2 mile away from a fire hydrant. He
emphasized that Crockett Fire Company was doing everything within its power to retain the Class 2
rating.
Councilman Rau explained to Councilman Cox that presently the City of Gretna had a Class 2,
rating. However, due to changes in the ratings and deficits incurred due to the loss of Gould Fire
Company, the city lost points in its fire rating. Instead of being in the middle or upper into a Class 2
rating, it is now on the verge of losing it. If the noted deficits were corrected, the city would be at a
small percentage over a Class 2 rating. Now the city is in a situation where it could possibly not make
a Class 2 rating and become a Class 3, due to circumstances beyond its control. However, the city can
make the Class 2 rating by a hair but the potential detrimental effect of the annexation and the loss of
points due to deficits could affect the entire rating of the City of Gretna and Timberlane adversely by
reverting back to a Class 3 fire rating. In addition, there is a caveat, Timberlane holds a Class 2 rating
and if Gretna were not to meet the requirements needed to make a Class 2 rating, then Timberlane
could be affected and become a Class 3 rating. He emphasized that until PIAL provide a number, the
actual effect on Gretna and Timberlane is yet to be determined.
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Gretna, LA
Chief Black stated that the information from PIAL might be available by February 2008 once
they review improvements made by the city.
Mayor Harris commented on the conceptual aspect of the annexation relative to fire protection.
As a layman, he stated that the fire protection today is not going to be different after the annexation.
The cooperative endeavor agreement to be negotiated with Jefferson Parish would stipulate that
Terrytown Fire Company would maintain its funding level, which would not take away equipment,
manpower, etc., effectively. From a layman’s point of view, if a fire were to occur, the same amount of
equipment and personnel would respond, but because of the bureaucratic rules that PIAL has, it does
interject the noted questions. He stated that in conversations with a mayor whose community annexed
areas in north Louisiana, that mayor contradicted the information from PIAL. Mayor Harris stated that
he had the same questions as to exactly what negative effects would occur due to the annexation.
Chief Lawson stated that in discussing this matter with Capt. Anthony Christiana, the
annexation would have no adverse effect on the fire alarms communication; the fire calls can be rolled
over into Terrytown. He stated that based on his understanding, the fire reports and access to the
records from Terrytown, would be addressed directly through the contract with the parish. He believed
there would be no reason that Terrytown would jeopardize their contract with the parish due to the
annexation.
Chief Black also asked if there has been any consideration been given to the Crockett Fire
Department providing fire protection to the proposed annexed area. He believed that with the increased
revenue and the equipment on hand, Crockett could provide the needed fire protection to the area.
However, manpower would be needed, which could be a win-win situation for everyone and have a
positive effect.
Chief Lawson asked Mayor Harris if the issue of annexation could be addressed legislatively
with the Louisiana Municipal Association (LMA).
Mayor Harris responded that the issue of annexation had occurred throughout the state on many
subject matters, which he believed would have covered areas of fire protection. He stated that he would
like to explore the possibilities of the LMA addressing this matter. In rural fire districts versus city fire
districts, the districts would encompass that area and get the service from that area. He believed that it
must be assured that the city get the proper service, response and reporting from all departments across
the board.
Chief Black reiterated again that he had a problem in having an area protected by a fire
department that he had no supervision as fire chief. He believed that this concern must be immediately
addressed. He pointed out that fire companies are rated on volunteer response.
Mr. Paul Paciera, a Fairfield Drive resident expressed concern regarding the potential loss of
the Class 2 fire rating resulting in increased insurance premiums for residents. He challenged Mrs.
Jemison’s figures in the study regarding the cost per household regarding the annexation and expressed
that garbage fee would increase. He believed that the annexation would not positively benefit
Timberlane residents due to higher taxes and opposed it. He pointed out that presently Timberlane
residents were experiencing a good quality of life and were receiving good services from the parish.
Mrs. Geraldine Paciera, a Fairfield Drive resident stated that she opposed the proposed
annexation because she could not afford additional taxes.
Mr. Garland Himel, a Marrero resident and Timberlane business owner questioned why were
business owners not given the opportunity to sign the petition regarding the annexation. He believed
that as a business owner, he had no say in the matter. He asked if property owners would have the
opportunity to vote on the annexation. He pointed out that since the annexation process was not
inclusive of commercial property owners, therefore if the city chose to, it could annex Oakwood
Shopping Center or Manhattan Boulevard without the input of the businesses.
Mr. Ronald Lauland, a Fairfield Drive resident stated he was against the adjacent area of
Oakdale Subdivision being annexed but he was not against the Timberlane’s annexation. He stated that
he paid to have his street laid and was very satisfied with parish services. He believed that by forcing
Oakdale Subdivision to be annexed higher taxes would be paid for the same services. He believed that
the city was placing taxation without representation on Oakdale Subdivision and Enterprise Drive
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property owners, which is unconstitutional. He asked why couldn’t Oakdale Subdivision be deleted
from the ordinance just as was done with the Timberlane Driving Range. He requested that city
officials table this matter until the fire department receive its rating and then everyone will be informed
of increased insurance premium rates.
Mrs. Ann Hopel, a Fairfield Drive resident stated that she was told that Oakdale Subdivision
residents could not vote on the annexation and asked why. She believed that everyone involved should
have the right to vote. She opposed the annexation and stated that her quality of life is fine as is and
believed that the annexation would cause hardships and stress on many people by paying higher taxes.
Mrs. Gayle Bertucci, a Gretna resident stated that she opposed the annexation of Timberlane
because of its impact on her quality of life. She expressed concern regarding increased population,
which would require additional city services and have a negative effect on the City of Gretna’s
government and its citizens. A recent newspaper article reported that when the city was questioned
about becoming more scrupulous with violators, the response was due to numerous problems, it could
not at that time. She expressed frustration with city’s lacking enforcement of regulatory matters that
she had pointed out repeatedly and believed Timberlane’s annexation would prevent the problems in
her neighborhood from being addressed. She suggested that since the city had accepted Timberlane’s
request to be annexed into the city to get what they wanted, maybe McDonoghville should request to
be annexed into the parish, a government that appeared to understand the dynamics of neighborhoods
and would address the blight issues in McDonoghville.
Keith Meyer, a Bellemeade Subdivision resident stated that he previously asked the mayor if
the study performed by Mrs. Jemison included any information concerning the impact of the
annexation on surrounding neighborhoods, if approved. He stated that he was given an answer of no.
Since that time he had determined that there was a limited access report concerning the Timberlane and
Bellemeade Subdivisions developed for the Jefferson Parish Council by the Limited Access
Committee. This report addressed issues that would possibly occur should the Gretna City Council
allow the City of Gretna to extend its corporate limits to include Timberlane Subdivision and
furthermore possibly allow the Timberlane Subdivision to become a limited access community. The
Limited Access Report mainly addressed the traffic concerns involving the Timberlane and
Bellemeade Subdivisions. The vehicles per day driven along Timberlane Drive, Timberlane Road and
Fairfield Avenue had decreased since 1996. In addition, the report indicated that Bellemeade
Boulevard currently experiences approximately 3,000 to 4,000 vehicles per day. If the Timberlane
Subdivision were to be annexed into the City of Gretna and furthermore, be allowed to become a
limited access community, it was estimated that an additional 2,000 vehicles per day would be rerouted
through the Bellemeade Subdivision, if another collective roadway were not constructed between
Lapalco Boulevard and Belle Chasse Highway. This collective road would be necessary because of the
displaced traffic of the additional 2,000 vehicles per day. In addition to those statistics the traffic
engineering supervisor for the Parish of Jefferson and based on the information presented in the
Limited Access Report for Timberlane, dated January 30, 2002 it was not recommended to gate
Timberlane Subdivision between Belle Chasse Highway and Lapalco Boulevard, until such could be
accomplished without affecting other neighborhoods, namely Bellemeade Subdivision. This would
require another north-south collective roadway between Belle Chasse Highway and Lapalco
Boulevard.
In conclusion, he stated that it would not be wise at this time to allow the Timberlane
Subdivision to become a limited access community because it would adversely affect surrounding
neighborhoods. Mr. Meyer requested Mayor Harris and the City Council to please reconsider the
Timberlane annexation until a new north-south collective roadway between Belle Chasse Highway and
Lapalco Boulevard can be addressed by the City of Gretna, the Parish of Jefferson, the State of
Louisiana and any other key representatives that may need to be involved.
Florence Hindes, a Bellemeade Subdivision resident stated that she was representing all
residents of the Bellemeade Subdivision, plus those residents that live beyond Bellemeade north and
Timberlane north. This presentation tonight was not for the purpose of gating or limiting access to
Timberlane, but she believed it was the first step in that direction. Her neighbors and herself have been
living with this issue for the last 13 years. Mr. LeBlanc has always wanted to gate her subdivision
since then, and every time the matter is addressed the underline reason the subdivision residents say
that they need to get the gate to keep motorists from using Timberlane Drive as a shortcut between
Lapalco Boulevard and Belle Chasse Highway, instead of Wall Boulevard a major thoroughfare. She
stated that Councilman Roberts stated that was not fair to shift traffic from one subdivision to another.
Mr. LeBlanc himself has stated that the subdivision residents want the Gretna City Council to pass an
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ordinance allowing the gates before they would call for an annexation election, and that was exactly
what happened, thanks to Councilman Templet, who introduced an ordinance to allow gating of an
existing community. The last time this matter arose with Jefferson Parish, opinions from the State
General Attorney’s Office were received, citing that a public road, which is still heavily used by the
public, cannot be gated. Miss Hindes was of the opinion that the State General Attorney opinion’s
overrides the parish and city. She believed Timberlane was attempting to get their gates by annexing
into the City of Gretna. She believed there were many reasons why Timberlane should not be annexed
into Gretna; most importantly, the traffic would be pushed into neighboring subdivisions. If
Timberlane gated, they would leave Bellemeade south with only one way in and one way out, which
was illegal. The road that Bellemeade Subdivision used in and out floods heavily. She pointed out that
all who would be annexed were not properly notified, in particular the business owners along
Enterprise Drive.
In addition, she stated that she received a 24-hour traffic count of the traffic on Timberlane
Drive, Timberlane Road and Bellemeade Boulevard as follows: Timberlane Drive (along the canal)
southbound had 1,737 vehicles; northbound had 1,743 vehicles. Timberlane Road southbound had 863
vehicles and northbound 507 vehicles. Bellemeade Boulevard southbound had 2,384 vehicles and
northbound had 2,077 vehicles, which is quite a difference. On Timberlane Drive, has 31 houses and
on Bellemeade Boulevard, 81 houses, which receive one and one-half times the traffic that goes down
Timberlane Drive. Instead of allowing Timberlane to annex into the City of Gretna, it would be
advantageous for both Gretna and the Parish of Jefferson to do what was planned more than 45-years
ago, which was to finish the Whitney Avenue extension over the canal from Belle Chasse Highway to
Lapalco Boulevard. If that road were realized this entire situation would be alleviated and would not be
causing animosity between neighborhoods. She believed that a solution that would best for everyone
should be implemented to solve the traffic issues and certainly by Timberlane being annexed into
Gretna and thereafter placing limited access gates would not be in the best interest of everyone
involved. She further recommended that city officials further review the fire protection issues that were
noted by the Fire Chief.
Barry Ogden, a Bellemeade Subdivision resident expressed concern on the amendment to the
ordinance as stated by Mrs. Jemison relative to excluding the driving range from the ordinance. He
asked the Council to take into consideration all other concerns that may occur by their taking the
driving range out of the ordinance.
Giuseppe Miserendino a Timberlane Subdivision resident and former Gretna resident stated
that listened to comments from the public regarding the annexation, however, he supported the
annexation because of the excellent past services he received from the City of Gretna as a resident. He
believed that the Council should approve the ordinance present tonight and allow the voters of
Timberlane to determine the outcome at the voter booth. He suggested that if the Bellemeade
Subdivision were unhappy with the annexation, the opportunity to approach the City of Gretna to be
annexed could be exercised.
Mr. Roger Grant, a representative of the Timberlane Improvement Association and former
Gretna resident stated that his association was in favor of the annexation ordinance. According to the
statutes, they have obtained the requisite number of signatures required of registered voters and
property owners. Mr. Grant requested the Council to pass the ordinance and give Timberlane
Subdivision an opportunity to vote on this issue. Mr. Grant was of the opinion that Timberlane
residents believed they could address the issues within their community.
Mayor Harris addressed the concerns that were pointed out by the residents who spoke before
the Council regarding the annexation. He explained that the annexation process began with a petition,
50% of the residents property owners signed the petition therefore their assessed value would go into
that total. More than 50% of the assessed value signed the petition, so whether you were a resident or a
commercial business your property total assessed value was exceeded by those in favor of those
requesting annexation. The resident voters had to sign another petition that had to exceed 50% of the
registered voters of that particular area. What is before the Council this evening is the Council’s
decision as to whether it wants to move forward and hold an election for the Timberlane residents to
decide on annexation?
The City of Gretna has a separate ordinance that outlines the steps for gating, should a petition
ever be submitted to the City. Comments were made regarding taxes, the City provided the Timberlane
Improvement Association projected amounts of present taxes versus what would be projected should
the annexation occur and applied the Homestead Exemption where necessary and that difference was
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revealed for each property owner. Mayor Harris stated that prior to any election it would be smart for
the city to make a request to Mr. Lawrence Chehardy, Assessor for Jefferson Parish if he would
cooperate by providing generated numbers so that Timberlane residents could see the financial impact
that the annexation would have on their tax base.
Mayor Harris stated that as far as the insurance rates, what would be the effect of a Class 2
rating versus a Class 3 rating. He has heard that it depends on the value of the house for the paid
premium. Each property owner would have to check with their particular insurance company in order
to determine their particular impact. The city would try its best to maintain the Class 2 rating now and
in the future. There is an increased garbage cost, but residents would have to figure out their taxes,
garbage and insurance and determine if it is in their best interest to vote in favor of the annexation
when the time comes. The study showed the effect of revenue and expenses. As for the City of Gretna
it would be a wash and it is not the intention of the city to power grab by getting more taxes. The city
is complying with the request of the petition and that is what is on the table at this time, not gating.
Mayor Harris addressed the comments as to why were businesses not contacted in this process.
The process provided that the only way a business owner could sign the petition was based on their
property’s assessed value. They could not sign the registered voter petition because they don’t reside
in the area. Those numbers exceeded the opposition by virtue of no signature. He explained that
commercial property owners could vote in the process because the entire annexation process was
outlined in State law and the city must follow the law relative to the process. In addition, Enterprise
Drive and Oakdale Subdivision cannot be excluded from the annexation was because they are part of a
voting precinct and that voting precinct will be maintained as a whole. The area of the Whitney/Verret
Canal to the Timberlane Road south of Lapalco to Bayou Fatma is another precinct, which is a portion
of that precinct. Regarding the prevention of further annexation, Mayor Harris expressed that he was
very flattered that any area outside of Gretna would like to be annexed into the City.
Mayor Harris addressed the question regarding the amendment to the ordinance, deleting the
Timberlane driving range. The reason for the amendment was because the driving range was a piece of
vacant land that fell into another precinct and in order to not disturb precinct lines, it was eliminated.
Regarding why not everyone could on the annexation was because the voting process was clearly
outlined by State law. He addressed the comments regarding taking services away from Gretna
residents and neighborhood complaints for those people in Gretna. There was a comment made that the
city could not issue citations because the city was busy doing other things. The city was busy
addressing letters, cleaning up problems and issuing citations and those comments were taken out of
context. The information provided relative to the traffic study in neighborhoods would be addressed
should Timberlane request limited access gating.
Mayor Harris asked Mr. Mark Morgan, Interim City Attorney to address the interpretation of
the Attorney General’s opinion regarding gating received by Jefferson Parish.
Mr. Morgan explained that he reviewed both the Attorney General’s opinion and the Gretna
ordinance that affects limiting access to neighborhoods. He explained that his interpretation of the
Attorney General’s opinion was that nothing in that opinion would prohibit or invalidate the current
city ordinance. Mr. Morgan stated that his interpretation of the AG’s opinion was different to what was
stated by the public comments.
Councilman Cox asked what was the percentage of voters in favor of the annexation who
signed the petition.
Mayor Harris pointed out that information contained in the letter of certification from the
Registrar of Voters, Mr. Dennis DiMarco indicated that Precinct 233 (Timberlane north) the number of
possible signatures of voters was 577, actual signatures were 309; verified signatures were 302, which
exceeded the threshold of 50%. Timberlane Estate (south) possible signatures were 449, actual
signatures were 256 and verified signatures were 252, which exceeded the 449. The same thing was
done with the Assessor for Jefferson Parish, Mr. Lawrence Cherhardy. The current year numbers
provided were 13,478,620.00 for the total assessed value of signatures that appear on the petition
represents $7,784,820.00.
Chief of Police, Arthur Lawson explained that when the issue Timberlane Annexation was
presented to the police department, it was viewed from the aspect of law enforcement and protection.
He assured the current citizens of Gretna that if the annexation occurred, it would not affect services
and response time by the police department. For the residents of Timberlane, the difference that would
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be noted is that in the present makeup of the Sheriff’s Office, their beat structure is a lot larger
compared to the beat structure in the City of Gretna. The City of Gretna certainly has more law
enforcement officers per capita than the sheriff’s office and metropolitan area. In developing the beat
structure, the new area to be annexed would have a one beat police officer in that area at all times.
Police presence and enforcement would increase in the annexed area as well as the citizens of Gretna
benefiting from additional officers.
On motion by Councilman Cox and seconded by Councilwoman Constant, the following
ordinance was read and adopted as amended section by section and then as a whole by the following
vote:
Nays: None
Absent: None
ORDINANCE NO. 3661
An ordinance as amended expanding the corporate city limits of the City of Gretna
to include the area commonly referred to as Timberlane, as well as some adjacent
property, all as set forth more fully in the attached Exhibit A.
WHEREAS, the City of Gretna has an interest in the health, safety, and welfare of its citizens,
and
WHEREAS, the City of Gretna places a high value on the quality of life issues for its
residents, and
WHEREAS, increased services and excellent police protection have long been associated with
the City of Gretna, and
WHEREAS, the City of Gretna has been and continues to be a great place to live and raise a
family, and
WHEREAS, Timberlane subdivision in unincorporated Jefferson Parish is contiguous to the
City of Gretna, and
WHEREAS, Timberlane subdivision, including its country club and golf course, would be a
benefit to the City of Gretna, and
WHEREAS, Timberlane subdivision has expressed a desire to be annexed into the City of
Gretna, and
WHEREAS, state law dictates the steps and requirements necessary for the expansion of the
City limits of any municipality in Jefferson Parish, and
WHEREAS, the residents of Timberlane have complied with the statutory requirements of
certification of a majority of registered voters and resident property owners (comprising more than
50% in value of the land to be annexed), and furnished said petitions and certifications to the City of
Gretna, and
WHEREAS, the City desires to enlarge the boundaries of the City of Gretna by annexing the
below described property to be included within the corporate limits of the City of Gretna.
NOW, THEREFORE BE IT ORDAINED, by the Gretna City Council, acting as legislative
authority for said City that:
The City of Gretna enlarges its boundaries to include the following area within its corporate
limits, to wit:
Property bounded by Belle Chasse Highway to the north, Timberlane Drive to the east
(north of Lapalco Boulevard), the rear lot lines of the properties located on the east side of
Marlene Drive to the east (south of Lapalco Boulevard), the Verret Canal to the west, and Bayou
Fatma to the south terminating at municipal address 820 Fairfield Avenue. All as more fully
depicted in the attached Exhibit A.
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NOW, THEREFORE BE IT FURTHER ORDAINED, by the Gretna City Council, acting as
legislative authority for said City that:
This ordinance if adopted shall not become effective until a majority of qualified voters residing in
the proposed area to be annexed, shall have voted in favor of annexation in an election.
NOW, THERFORE BE IT FURTHER ORDAINED, by the Gretna City Council, acting as
legislative authority for said City that:
The annexation for those areas not comprising an entire voting precinct will not
become effective until the Jefferson Parish Council shall have adopted an
ordinance concurring in the annexation, as well as a majority of qualified voters
residing in the proposed area to be annexed, shall have voted in favor of
annexation in an election.
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.
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Exhibit “A”
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Councilwoman Constant pointed out that he vote cast in favor of the annexation ordinance was
not for annexation because that was for voters to decide. He vote was to expand the corporate city
limits of Gretna, which she believed to be a positive thing for the city. Mrs. Jemison stated that a lot of
state and federal grant monies are based on population. The annexation would increase the city’s
population by 5.8%, which would entitle the city to larger amounts of state and federal money. She
encouraged everyone to educate himself or herself prior to casting their vote for or against the
annexation.
At this time Mr. W. J. LeBlanc, Jr., was seated as City Attorney in place of Mr. Mark Morgan,
Interim City Attorney.
<:><:><:>
RESOLVED to recess the Mayor and Council regular meeting at 7:00 p.m., and the same was unanimously
approved.
The Mayor and Council regular meeting reconvened at 7:15 p.m.
<:><:><:>
Presentations:
Mr. Ross Becker, Architect provided a status report on repairs on the proposed Condominium
Project at 220 Governor Hall Street. He stated that the repairs to the exterior of the building were
evident. A professional civil engineer did an inspection and provided a report confirming that the
existing structure was in good shape, and could be converted as planned. The financing process was
underway with banks and financial institutions. He stated they have obtained information from the city
on the adjacent property, which was very helpful and the timeline for the road. The contractor and the
owner attended tonight’s meeting to address any questions, comments or concerns.
Mayor Harris asked that a copy of the civil engineer’s report be provided to the Building
Official and himself. He stated that the concern of the neighborhood was the unsightliness, tall grass,
and openness of the building and the possibility of vagrants. He asked was the building secured at this
time.
Mr. Becker replied that the building was secured and that the concerns mentioned by Mayor
Harris had been addressed and he offered photographs of the property as it looked today.
The Regulatory Department provided photographs taken of the property from yesterday.
The contractor stated that the inside of building most damaged was where the major repairs
were done. The roof of the building has been replaced with 200 sheets of plywood and ceiling joists
have been replaced. The opposite side of the building with metal siding has been completely restudded and stripped out. The rear of the building’s entire first floor has been sealed.
Mayor Harris pointed out to the contractor that the concern of the neighborhood was the side
that has not been repaired. He asked what was the timeframe for the completion of the repairs.
Councilman Bolar asked the contractor if he could provide the city’s building official with the
timeframe in writing, so that the city would know how to proceed with the concerns of the
neighborhood.
Mayor Harris asked the contractor for information regarding the investment aspect of the
proposed project.
Mr. Becker stated that the material being placed on the exterior of the building was a protective
measure. They still have a lot of drawings and work to do to get to the point to begin changing the look
of the building based on the drawings designed previously.
Councilman Bolar stated that he was pleased with the progress in securing the building,
however, the main concern of the city at this point is to secure a serious and concrete financial
commitment. He pointed out that a third extension was about to be granted and the city had not been
provided a formal investor in writing for this project.
Mr. Becker stated that he expected to have the financial information in place by now but the
delay was due to personal problems by intended investor. Another delay was the concern of the
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investors, who addressed the road coming in and the other piece of property. At this time, some of
these questions have been answered to a degree regarding the property, however the concern remains
regarding the connective road, which is still vague.
On motion by Councilman Bolar and seconded by Councilman Rau, IT WAS RESOLVED
to grant a 60-day extension for the proposed condominium development at 220 Governor Hall Street
and to delay city enforcement regulations on this property, in an effort to give the applicant time to
obtain financial information for the project, and the same were unanimously approved.
Mayor Harris thanked Mr. Ross Becker, the contractor and the owners efforts and cooperation
in addressing the concerns as addressed.
<:><:><:>
Ken Perrone, President of Gretna BMX Association provided a detailed status report on the
opening of the BMC Track as follows:
1) In February 2007 First meeting of putting track together, funding was provided by the City of
Gretna.
2) In April 2007-Dirt was hauled in and track was built.
3) In May 2007-Filed for article of incorporation
4) In June 2007-Established the Executive committee, standing committee and established the by-laws.
5) In July 2007-Filed for Tax Id # and our non-profit application was filled out 501c-3 form Established our web-site gretnabmx.com
6) In August 2007-Held public meeting to build awareness, keep the community informed of track
progress, information on BMX Racing
7) In September 2007-Jefferson Parish funding was approved and drainage work, water service and
fencing around track- all installation began.
8) In October 2007-Participated in the 2007 Gretna Festival to build awareness, inform public of track
progress, and to provide information on BMX Racing.
Purchase orders were approved for electric service supplies needed, and staring gate, which was
installed this month.
9) In November 2007-Electric Meter was installed, Purchase orders were approved for 10 loads of dirt,
concession stand delivery, storage container, light pole installation, 4-Wheeler, lawn tractor, air
compressor and accessories. We also participated as a group in the Tour de Jefferson - our monthly
activity to promote Gretna BMX Raceway
10) In December 2007-Track builder came in and finished the track, built starting gate tower, built
announcers tower. We still need to finish electrical service, concrete starting hill, build pavilions, patio
cover over concession, plant shade trees, build picnic tables, install fence by last straight, install
lighting for night racing, install bleachers for viewing, get port o- lets delivered.
11) In January 2008 - Open for Racing Saturday January 5th at 10am - racing at 2:00 p.m.
Winter Schedule - Saturday 10:00 a.m. - Racing at 2:00 p.m.
Attend School Board Meeting for School visits for promotions once a month.
12) In Spring 2008-Grand Opening - TBA - Spring & Summer scheduled TBA with lights for night
practice and racing.
Future Plans - to build nice bathroom facilities, cover starting hill, and eventually cover entire
track. *(With a covered track we will be guaranteed a national race every year, which will bring in
approximately 3,000 people for a three-day weekend)
Volunteer have worked very hard as a group on developing Gretna BMX Raceway; we have
put in well over 600 hours of planning and workdays to make this a reality. We will have many more
man hours to complete before we can open in January, and will take 20-25 volunteer hours a week to
maintain property on a regular basis. Since May 2007, have 9 scheduled monthly meetings, and 12
scheduled workdays.
In the final stages of development, and are still in need of many items to help make Gretna
BMX Raceway a success. Items currently still needed for completion are: Completion of electrical
service, concrete starting hill, build pavilions, build patio cover over concessions, plant shade trees,
build picnic tables, install fence by last straight, install lighting for night racing, install bleachers,
signage out front and have port o-lets delivered. Currently planning to do a promotional activity once
a month to create interest in Gretna BMX Raceway - Some ideas are, school presentations, festivals
(Gretna Fest), department store displays out front, and passing out flyers etc.
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Also planning to do fund raisers once a month to help support, and maintain Gretna BMX
Raceway. Suggestions are selling Gretna BMX Raceway T-shirts and window decals, car washes, bike
raffles, etc. Relying heavily on corporate sponsorship. Sponsorship thru donations or thru signage
advertisement that will hang on the fence at Gretna BMX Raceway. Together as a community we can
help kids stay off the streets and get involved in the fastest growing sport in America - BMX Racing.
Mayor Harris thanked Mr. Perrone for his detailed report. He also pointed out to Mr. Perrone
the thresholds that will be needed and the tentative corporate sponsorships. Based on all that has been
done, there has been a lot of progress shown in the completion of the BMX Track. In conclusion,
Mayor Harris thanked Mr. Perrone and his organization for all their hard work.
Councilman Cox stated that he asked Mr. Perrone to provide the status report because there
were concerns as to whether or not the track could be realized. Most people who chose a hobby/sport
are very dedicated people and that has been shown with the BMX Track. He stated that on January 5,
2008 the first racing will be held with a ribbon cutting ceremony and invited everyone to be there. The
grand opening will take place when the first points/sanctioned racing takes place. Councilman Cox
asked that Councilman Roberts be notified of the ribbon cutting ceremony schedule for January 5,
2008.
Councilwoman Constant also thanked Mr. Jack Griffin, Public Works Director and his city
crew for all their hard work with the BMX Track.
<:><:><:>
Historic District Advisory Committee items considered:
Miss Danika Gorrondona, Building Official reported that the Historic District Advisory
Committee met on December 3, 2007 at 3:00 p.m. to consider the following applications: 522
Lafayette Street for renovation for renovations, HDAC recommended denial; 418 11th Street for new
construction, HDAC recommended favorable approval with suggested modifications; 435 Huey P.
Long Avenue for renovations, HDAC recommended favorable approval as submitted; 425 Huey P.
Long Avenue for renovations, HDAC recommended favorable approval as submitted; 430 11th Street
for an addition, HDAC recommended favorable approval as submitted; 417 Huey P. Long Avenue for
an addition, HDAC recommended favorable approval as submitted and 819 4th Street for signage,
HDAC recommended favorable approval with suggested modifications and 300 Lafayette Street for
renovations, HDAC reviewed prior to the Board of Adjustments & Appeals.
On motion by Councilwoman Constant and seconded by Councilman Templet, IT WAS
RESOLVED to accept the Historic District Advisory Committee favorable recommendation and grant
building permits to the applicants 418 11th Street for new construction with modifications; 435 Huey
P. Long Avenue for renovations as submitted; 425 Huey P. Long Avenue for renovations as
submitted; 430 11th Street for an addition as submitted; 417 Huey P. Long Avenue for an addition as
submitted and 819 4th Street for signage with suggested modifications, and the same were
unanimously approved.
On motion by Councilwoman Constant and seconded by Councilman Rau, IT WAS
RESOLVED to accept the Historic District Advisory Committee unfavorable recommendation and
deny a building permit to the applicant of 522 Lafayette Street for renovations, and the same was
The Historic District Advisory Committee (HDAC) application for 300 Lafayette Street for
renovations, applicant: Keith Hunter was deferred to be reviewed by the Board of Adjustments &
Appeals.
<:><:><:>
On motion by Councilman Templet and seconded by Councilwoman Constant, the
following resolution was read and adopted section by section and then as a whole by the following
vote:
Nays: None
Absent: None
A resolution amending the General Fund Budget for the Fiscal Year of April
1, 2007 to March 31, 2008 to appropriate funds in the amount of $19,750 for
the purchase of a leased vehicle through the Property Seizure Fund.
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WHEREAS, in accordance with Gretna Ordinance No. 3009 dated February 7, 1994, the
following budget amendment is presented for approval:
01-531-2785 Automotive Equipment
01-40-578
Property Seizure Fund
$19,750
$19,750
NOW, THEREFORE, BE IT RESOLVED by the City Council of Gretna, Louisiana, acting
as governing authority of said City that:
The General Fund Budget for the Fiscal Year of April 1, 2007 to March
31, 2008 to appropriate funds in the amount of $19,750 for the purchase of
a leased vehicle through the Property Seizure Fund is hereby amended.
<:><:><:>
On motion by Councilman Templet and seconded by Councilwoman Constant, the
following resolution was read and adopted section by section and then as a whole by the following
vote:
Nays: None
Absent: None
A resolution amending the General Fund Budget for the Fiscal Year of April
1, 2007 to March 31, 2008 to appropriate funds in the amount of $6,500 for
traffic study at Gretna Boulevard and Stumpf Boulevard.
WHEREAS, in accordance with Gretna Ordinance No. 3009 dated February 7, 1994, the
following budget amendment is presented for approval:
01-542-3634 Other Professional fees
$6,500
NOW, THEREFORE, BE IT RESOLVED by the City Council of Gretna, Louisiana, acting
as governing authority of said City that:
The General Fund Budget for the Fiscal Year of April 1, 2007 to March 31,
2008 to appropriate funds in the amount of $6,500 for traffic study at Gretna
Boulevard and Stumpf Boulevard, is hereby amended.
<:><:><:>
On motion by Councilman Rau and seconded by Councilman Bolar, the following
resolution was read and adopted section by section and then as a whole by the following vote:
Nays: None
Absent: None
A resolution authorizing and directing Mayor Ronnie C. Harris to
execute for and on behalf of the City of Gretna, Louisiana, Change
Order No. 3 in an amount of $39,576.00 for the Jefferson Parish
Court House Drainage Project (FP&C Project No. 50-MB5-03B-02).
WHEREAS, given the size of the drain line required along Dolhonde Street between the West
Bank Expressway and 11th Street, Boh Brothers Construction Company, LLC (Contractor) damaged a
portion of the roadway that was to remain; and
WHEREAS, this damage was a direct result of the weight of the required equipment necessary
to place the drain line and the damages incurred could not have been prevented by the Contractor’s
methods and means; and
WHEREAS, additional concrete pavement will have to be removed and replaced in the field;
and
WHEREAS, after 11th Street, the weight of the required drain line allowed the Contractor to
use lighter equipment which is not resulting in the damages experienced from the Westbank
Expressway to 11th Street; and
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WHEREAS, included in this change order is a reduction (based on the actual thickness of
pavement versus the anticipated thickness) in the cost for the incidental pavement at the Westbank
Expressway; and
WHEREAS, the project is being funded throughout the State Capital Outlay Program requiring
all change orders to be reviewed by the Louisiana Office of Facility Planning and Control; and
WHEREAS, the Louisiana Office of Facility Planning and Control has reviewed the change
order and has stated that it is eligible for re-imbursement through the Capital Outlay Program; and
WHEREAS, Burk-Kleinpeter, Inc. has reviewed this change order with the owner and the
Louisiana Office of Facility Planning and Control and recommends that the work be performed to
facilitate the installation of the drain line.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Gretna, Louisiana,
acting as legislative authority for said City, that:
Mayor Ronnie C. Harris is hereby authorized to execute for and on
behalf of the City of Gretna, Louisiana, Change Order No. 3 for the
Jefferson Parish Court House Drainage Project (FP&C Project No. 50MB5-03B-02) in the amount of $39,576.00 and that he be directed to
have a copy of this resolution recorded with the recorder of Mortgages
of the Parish of Jefferson, State of Louisiana, as originally filed on July
18, 2007, in Mortgage Book Number 4338, Folio 921.
<:><:><:>
RESOLVED to introduce an ordinance declaring signs, posters, flyers, and/or other type displays that
are affixed to utility poles on public rights of way to be litter and subject to collection and removal and
for related matters, and the same was unanimously approved.
<:><:><:>
On motion by Councilman Cox and seconded by Councilman Templet, IT WAS RESOLVED to
introduce an ordinance requiring council approval before adding or removing content from the City’s
website, and the same was unanimously approved.
Councilman Cox stated between now and adoption he would like to make a list of exclusions as it
was pointed out to him by the City Clerk’s office that uploads the minutes, meeting notices, ordinances and
resolutions to the city’s website. He believed that this matter could be worked out easily if something of
significant content is e-mailed to each council member prior to uploading the information to the city’s
website.
Councilman Bolar asked Councilman Cox what was he trying to accomplish initially with this
ordinance.
Councilman Cox explained that the ordinance was in an attempt for the Council to have input on
information or changes uploaded to the city’s website. He believed that doing so would keep the Council
well informed on the contents of the city’s website.
Mayor Harris stated that he was totally opposed to the ordinance and believed that maintenance of
the city’s website was the administration’s responsibility. He expressed that he had worked very diligently to
put items of interest on the website for the general public and also went through great lengths not to spotlight
anyone’s particular accomplishments. He explained that the above ordinance was the result of him
uploading an article on the city’s website regarding the Timberlane annexation, which he believed to be an
issue of public concern. Councilman Rau called and expressed to him that he was very concerned about that
particular article. Based on Councilman Rau’s concern with the article, he removed it from the website.
Mayor Harris stated that he believed the ordinance was an effort to control information uploaded to the
website. He pointed out that he has made every effort to cooperate with the Council. He reiterated that he
opposed the ordinance and that he believed public comments was important and access of the website was
an easy venue for the public to express concerns and comments on issues to city officials.
Councilman Cox rebutted Mayor Harris’ comments and stated that the believed the annexation
information placed on the website was poorly thought out and poorly planned. He believed the result of that
article could have had public comments on this issue from a myriad of people without knowing their place
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of residence and an embarrassing situation for everyone. In addition he stated that if information needed to
be disseminated through the website, he believed the Council should be advised for their input and approval
before the information is uploaded on the website. Councilman Cox also pointed out that the first link that
was placed on the website was a link to the Mayor’s Campaign Website. He concluded and stated that the
Timberlane annexation issue should not have been placed on the website.
<:><:><:>
On motion by Councilwoman Constant and seconded by Councilman Bolar, IT WAS
RESOLVED to introduce an ordinance amending Ordinance No. 1945 of the City of Gretna, adopted by
the City Council on the 12th day of July 1989, more particularly amending the zoning classification of Lot
11, Square 7, Brooklyn #2 Subdivision, Gretna, Louisiana, from R-1 (Single Family Residential) to R-2
(Two-Family Residential), and directing, authorizing and empowering the Code Enforcement Official to
alter and amend the Official Zoning Map of the City of Gretna, and the same was unanimously approved.
<:><:><:>
On motion by Councilman Bolar and seconded by Councilman Cox, IT WAS RESOLVED to
introduce an ordinance approving the resubdivision of Lots 22 and 23, Square 13, Suburban Park
Subdivision, City of Gretna, Parish of Jefferson, State of Louisiana INTO Lots 22-A and 23-A, Square 13,
Suburban Park Subdivision, as per the plan of survey and resubdivision of Dufrene Surveying &
Engineering Inc., dated November 2, 2007, and the same was unanimously approved.
<:><:><:>
At this time Mayor Harris excused himself from the meeting.
On motion by Councilman Bolar and seconded by Councilman Templet, the following
ordinance was read and adopted section by section and then as a whole by the following vote:
Yeas: Council Members Bolar, Constant, Cox and Templet
Nays: None
Absent: None
Presiding: Councilman Rau
ORDINANCE NO. 3662
An ordinance setting the Legislative Calendar for the
Year 2008, 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 for
the calendar year 2008 is hereby set as follows:
DAY OF WEEK
DATE
TIME
Wednesday
January 9, 2008
5:30 p.m.
Wednesday
February 13, 2008
5:30 p.m.
Wednesday
March 12, 2008
5:30 p.m.
Wednesday
April 9, 2008
5:30 p.m.
Wednesday
May 14, 2008
5:30 p.m.
Wednesday
June 11, 2008
5:30 p.m.
Wednesday
July 9, 2008
5:30 p.m.
Wednesday
August 13, 2008
5:30 p.m.
Wednesday
September 10, 2008
5:30 p.m.
Wednesday
October 8, 2008
5:30 p.m.
Wednesday
November 12, 2008
5:30 p.m.
Wednesday
December 10, 2008
5:30 p.m.
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<:><:><:>
On motion by Councilwoman Constant and seconded by Councilman Bolar, the following
Yeas: Council Members Bolar, Constant, Cox and Templet
Nays: None
Absent: None
Presiding: Councilman Rau
ORDINANCE NO. 3663
An ordinance approving the resubdivision of Lot 12-A and Lots 21, 22,
23 and 24, Square 27, Mechanickham Subdivision, Gretna, Louisiana
INTO Lots 12A-1, 21A, 23A and 24A Square 27, Mechanickham
Subdivision, as per the plan of survey and resubdivision of Dufrene
Surveying & Engineering Inc., dated October 1, 2007.
Municipal Address: 706 Huey P. Long Avenue
WHEREAS, Dejesus-Gaubert Properties, LLC is the owner of Lot 12-A and Lots 21, 22, 23
and 24, Square 27, Mechanickham Subdivision, City of Gretna, Parish of Jefferson, State of Louisiana;
and
WHEREAS, the aforesaid owner has resubdivided Lot 12-A and Lots 21, 22, 23 and 24,
Square 27, Mechanickham Subdivision, INTO Lots 12A-1, 21A, 23A and 24A Square 27,
Mechanickham Subdivision, as per the plan of survey and resubdivision of Dufrene Surveying &
Engineering Inc., dated October 1, 2007, and desires approval of same, all in accordance with
ordinances relative to same.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Gretna, acting
as legislative authority for said City, that:
SECTION I: The plan of resubdivision of Lot 12-A and Lots 21, 22, 23 and 24, Square 27,
Mechanickham Subdivision, INTO Lots 12A-1, 21A, 23A and 24A Square 27, Mechanickham
Subdivision, as per the plan of survey and resubdivision of Dufrene Surveying & Engineering Inc.,
dated October 1, 2007, be and the same is hereby approved.
SECTION II: The Mayor of the City of Gretna be and he is hereby authorized, empowered
and directed to sign and execute all acts, plans and documents necessary and proper in the premises to
give full force and effect to this ordinance.
Provided that a majority of the City of Gretna Council have voted in favor of this ordinance, this
ordinance shall have the full force and effect of law at midnight on the tenth day following the Clerk’s
presentment of the same to the Mayor, in accordance with Louisiana Revised Statutes 33:406(c)(2) unless
the Mayor returns the same, unsigned, to the Clerk during that ten-day period.
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706 Huey P. Long Avenue
Mr. Mike Chopin, City Engineer provided a report on the above ordinance as follows:
We have reviewed the subject resubdivision request and offer the following observations:
Existing Conditions
The subject property consists of five (5) lots (Existing Lots 12-A, 21, 22, 23 and 24). There is an
existing structure located on Lot 12-A and a portion of Lot 21 (built over the property lines) bearing
municipal address 706 Huey P. Long Avenue.
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Proposed Re-subdivision
The proposed re-subdivision will create four (4) lots of record (Proposed Lots 12-A1, 21A, 23A and
24A). Proposed Lot 12-A1 will clean up the property lines by removing property lines from under the
house (706 Huey P. Long). The following are the properties of the proposed lots:
Proposed Lot
12-A
21A
23A
24A
Area (Square Feet)
114,192
3,204
3,750
4,250
Street Frontage (Feet)
100
36
30
34
Comments
The proposed lot sizes for Lots 21A, 23A and 24A do not meet the 5,000 square foot minimum lot size
as required by the City of Gretna’s Code of Ordinances. However, the lot sizes are larger than the
current lots (Existing Lots 21, 22, 23 and 24). The existing lots along Weyer Street have each have an
area of 3,125 square feet.
<:><:><:>
Mayor Harris returned to chair the meeting at this time.
<:><:><:>
On motion by Councilman Rau and seconded by Councilman Templet, the following
Nays: None
Absent: None
ORDINANCE NO. 3664
An ordinance as amended authorizing Mayor Ronnie C.
Harris to enter into Franchise Agreement with Cox
Communications Louisiana, L.L.C.
WHEREAS, this Franchise Agreement (this “Franchise”) is between the City of Gretna,
Louisiana, hereinafter referred to as “Franchising Authority” and Cox Communications Louisiana, L.
L. C., hereinafter referred to as “Grantee.” And
WHEREAS, the Franchising Authority, having determined that the financial, legal and
technical ability of the Grantee is reasonably sufficient to provide services, facilities and equipment
necessary to meet the future cable-related needs of the community, desires to enter into this Franchise
Agreement with the Grantee for the construction and operation of a Cable System on the terms set
forth in the Franchise Agreement; and
WHEREAS, the Franchise granted shall be for an initial term of five (5) years commencing on
the effective date of the Franchise; and
WHEREAS, this Franchise Agreement will automatically extend for an additional five (5)
years unless either party to this Agreement provides the other with written notice of its intent to
terminate at a minimum of ninety (90) days prior to the expiration of the initial term as set forth in the
Franchise Agreement.
<:><:><:>
On motion by Councilwoman Constant and seconded by Councilman Rau, the following
Nays: None
Absent: None
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ORDINANCE NO. 3665
An ordinance requiring the removal, within thirty days of
closing, of any commercial sign from the building and premise
of businesses no longer in operation.
WHEREAS, the City of Gretna has an interest in the health, safety, and welfare of its citizens;
and
WHEREAS, the City of Gretna has traditionally and historically placed an emphasis on quality
of life and economic development issues; and
WHEREAS, the City of Gretna desires to promote the rapid return of buildings back into
commerce in the event of a business closure as well as to improve exterior appearance; and
WHEREAS, the City of Gretna believes that requiring the removal of commercial signage
from the building and premises of closed businesses within 30 days of closing will promote said City
goals.
NOW, THEREFORE, BE IT ORDAINED by the Gretna City Council, acting as legislative
authority for said City, that:
I.
All commercial signage shall be removed from the building and
premises of any closed business within 30 days after said business
has ceased operations.
II.
This ordinance shall not apply to commercial signs advertising the
property’s availability to return to commerce that are otherwise in
conformity with other sections of the Gretna Code of Ordinances.
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.
Councilman Cox asked if the above ordinance would address signpost and electricity because
he believed those to be the biggest forms of blight and hazards.
The City Attorney, Mr. W. J. LeBlanc, Jr. advised that the ordinance as written would be
amended to address specific situations as needed.
<:><:><:>
Citizens to address the Mayor and City Council:
A Madison Street resident addressed the Mayor and City Council regarding the status of the
Kern property located at Madison and Jefferson Streets. The resident questioned had the property
owner been cited for the ongoing violations. The resident pointed out to a newspaper article, in which
Mr. Kern’s stated that “he would not use this property to store floats”, however, floats continued to be
stored at the location and reminded everyone that Mardi Gras is in February. The resident expressed
that the neighborhood was looking forward to Mr. Kern’s moving his floats out of that area. The
resident invited the council and administration to visit the site when the removal of the floats takes
place because it was very unpleasant.
Miss Susan Percle, CAO stated that members of the administration and Councilwoman
Constant were meeting with Mr. Blaine and Barry Kern next week. The Kerns have requested to be
placed on the January Council meeting agenda. She reported that Mr. Kern had not been fined.
Mayor Harris explained that the property owners would be cited and the court would determine
whether or not they would be fined. Mayor Harris stated that he certainly wanted to issue a citation to
the Kerns. He believed that it was time for the city to be advised of what were the Kerns intentions for
their property. He believed that their attendance at the January 2008 council meeting would reveal that
information.
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In addition, the Madison Street resident also stated that there were three houses in the
neighborhood that were not painted and one of the houses has been vacant for 50-years with constant
problems. The resident believed that the Gretna City Council was the only government body in this
area that would not call these properties abandoned or blighted. Based on information provided to the
resident by the city on its definition of blight, the resident was of the opinion that the properties noted
fitted the definition of blight and nuisance.
Councilwoman Constant stated to the resident that the council and administration were moving
as diligently as possibly towards the situation of blight in the city post Katrina. She also stated that she
agreed with the resident, and would love to have the houses painted, but the situation and the definition
of blight does not address paint on a house. The city has an environmental agency component that was
moving towards issues of complaints of this nature.
<:><:><:>
A Lafayette Street resident addressed the Mayor and City Council regarding garbage and trash
violations. The citizen addressed the complaints directly to Mayor Harris in an insulting tone and
derogatory manner. He complained on garbage and trash violations continuing in his neighborhood and
not being enforced within a reasonable time. The resident pointed out that there were 51violations in
the area this week and 32 today for a total of 83 this week, which he believed to be pathetic.
Mayor Harris responded to the resident and stated, that tonight would be the last time that he
resident could make comments to him in manner spoken. He advised the resident that there was a city
ordinance that specifically outlined how a citizen could address the Mayor and City Council during
meetings regarding the prohibition of insulting or argumentative remarks and or comments.
Mayor Harris stated that a letter would be sent to residential neighborhoods, to educate citizens
on how the process works with violators who do not properly remove or place garbage cans and trash.
<:><:><:>
Mr. Mike Chopin, City Engineer provided a status report on current Citywide Projects:
4th Street Extension
We have completed our in-house review (with exception to the street lights) and will be submitting the
95% Plans and Specifications to the Louisiana Department of Transportation and Development
(LADOTD) for there review and comments. We will follow-up the submittal with the street lights
once that design is complete. The Regional Planning Commission has successfully obtained the
funding for this project.
Governor Hall Connector
The railroad (Union Pacific) has accepted the appraised value for the land as determined by the City of
Gretna. They are currently working on the development of the necessary paperwork to begin the
purchase process. They have asked us to include the property north of Burmaster so that one
transaction can take place. We are waiting on the Surveyor (BFM Corporation) to provide us with the
boundary map.
Gretna Downtown Drainage (Courthouse Drainage)
The Contractor, Boh Brothers Construction Company, LLC, has completed the pipe installation up to
5th Street and is now beginning to replace the roadway pavement that was removed to put the drain
line in. Pavement has been replaced up to 8th Street. The jack and bore is complete at 4th Street.
Gretna Amphitheater (No Change)
The Architect (Perez) has submitted the permit application to the Corps of Engineers. They have
received a request for clarification regarding the permit and have sent this information to the Corps.
Historic Street Lighting (No Change)
The Contractor (Toomer-Diamond Electric) is placing the pole foundations for the light fixtures.
Construction is expected to be complete sometime in December 2007.
City Hall Generator (No Change)
The Engineer (Huseman and Associates) has provided 90% complete drawings and specifications for
the project. Until the space utilization plan is complete for both City Hall and the Annex building, the
project will be on hold. This is necessary to ensure that the required electrical room does not conflict
with anticipated office space.
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City Hall Space Improvements (No Change)
The Architect (Koch-Wilson) has been holding back on proceeding with this project in order to
concentrate on completing the plans and specifications for the FEMA repairs to the City Hall building.
Now, that those plans have been completed, they are setting up interviews with the various
departments to determine the space needs for the improvements.
Water and Sewer Plants – Chlorine Rooms (Pending Funding)
We have met with the Administration to discuss the cost for the chlorine room at the sewer plant.
Based on the current cost estimate, additional funding will be needed above that which is budgeted.
We have sent a letter to the Administration explaining the option for a sodium hypochlorite system that
would eliminate the need for the chlorine scrubber. At this point, the Administration would like to
proceed with the scrubber option and will have to identify funding for its construction in future budget
considerations.
Mel Ott Multi-Purpose Center
The Architect (Burgdahl and Graves) has completed the preliminary design for both the center and the
walking trail. They will be meeting with the Administration to present the preliminary design prior to
completing the final design.
Racetrack Detention Basin (No Change)
We have asked the Surveyor, the BFM Corporation, to perform the required surveying services to
generate both the necessary property maps and topographic maps so that the property can be purchased
from the railroad and the design of the pond can begin.
New Garden Park Detention Basin (No Change)
We have begun the study of the detention requirements based on the previous land acquisition. The
results of this study will outline the design features that will be included in the future plan drawings for
the construction of the detention basin.
New Garden Park Street Lights – Phase II
We have directed the Electrical Engineer (Huseman and Associates) to begin the design of this phase
of the project.
Mr. Chopin stated that the electrical engineer, Huseman and Associates were working on the
Garden Park Lighting and were advised of the timeline to complete the plans and specifications.
Post Office Renovations
The construction contracts have been executed and construction should begin within the next month.
FEMA Repairs to the City Hall Building and the Memorial Arch (Pending FEMA Approval)
The Architect (Koch-Wilson) has completed the plans and specifications for the storm damage repairs
to both the city hall building and the memorial arch. Pending FEMA’s review and acceptance of the
scope of the improvements, the City will be able to advertise for bids.
<:><:><:>
Reports by Police Department:
Chief of Police, Arthur Lawson informed the Council that the City of Gretna had its first
homicide on Ocean Avenue. The homicide was drug related, which was spilled over into Gretna from
other areas and he believed that the homicide had been solved.
In addition, he reported that there had been an increase in citations for the month of December
2007. Radar citations were down by 3%; parking citations (meter, illegal parking) were up 77% and
complaints status quo from December 2006.
Chief Lawson informed the Council that the police department was letting bids for a 40passenger bus through the administration. This bus would be purchased through a grant from the State
of Louisiana at no cost to the city. The bus would be used for different programs in the city, as well as
moving personnel in certain situations.
<:><:><:>
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Gretna, LA
Miss Danika Gorrondona, Building Official and Regulatory Department provided the following
departmental status report:
Department of Building and Regulatory
For the first eight months of fiscal year 2007-2008
Building Permit Statistics:
Current Yr to Date
Apr 07 thru Nov 07
Revenue Analysis
Permits Fees
Budget
Apr 07 thru Nov 07
$
34,073
$
$
14,327
$
% Increase
Plumbing Fees
$
6,664
$
21,887
56%
5,518
160%
$
27,645
$
10,000
176%
$
10,219
171%
$
76,045
$
40,000
90%
$
37,624
102%
% Increase
Revenue
23,336
46%
115%
% Increase
Electrical Fees
Last Yr to Date
Apr 06 thru Nov 06
% Increase
Regulatory & Building Statistics:
Expense Analysis
Grass Cutting Cost
Current Yr to Date
Budget
Last Yr to Date
Apr 07 thru Nov 07
Apr 07 thru Nov 07
Apr 06 thru Nov 06
$
33,105
$
26,667 $
24%
18,137
83%
$
37,990
$
33,333 $
14%
16,677
128%
% Increase
Demo & Securing Cost
% Increase
Other Issues:
Currently, 60 Active FEMA trailers remain in the city out of 451 as per 2005.
We have photo documented and updated status including building permit status of each remaining
address.
We have after hour regulatory passes through district 3, funded by the additional funds allocated.
Quality of Life Officer in new position dating from 9/07 to present has tagged 221 cars of that
total 156 owners moved their cars and 65 were towed.
<:><:><:>
Mr. Paul J. Griffin, Public Works Director provided the following departmental status report:
DISTRICT 1
-Hauling debris from treatment plant to landfill
-Grass cut around detention ponds
-Various concrete repairs (ongoing)
-Various utility repairs scheduled
-Neutral ground maintenance (ongoing)
-Maintenance on canals (ongoing)
-Street sweeping maintenance (ongoing)
DISTRICT 2
-Parking meter maintenance (ongoing)
-Various concrete repairs scheduled
-Radio repeater building installed at Public Works yard, waiting for installation
of radio equipment by Tomba Communications (ongoing)
-Maintenance on canals (ongoing)
-Maintenance on drainage system with vactor truck (ongoing)
-Asphalt repair at Vernon Street and Holly Drive 8x6
-312 Hamilton Street installed 12 in. pipe in cement bottom ditch & asphalted drive apron
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Gretna, LA
DISTRICT 3
-Various concrete repairs scheduled
-Muck lilies out of pond on Claire Avenue (ongoing)
-Maintenance on neutral grounds (ongoing)
-Heebe Canal improvements (ongoing)
-Maintenance of drainage system with vactor truck (ongoing)
-Haul lilies to treatment plant yard, to dry out then haul to la
DISTRICT 4
-Various concrete repairs (ongoing)
-Mel Ott Park recreational improvements (ongoing)
-Maintenance on drainage system with vactor truck (ongoing)
-Street Sweeping maintenance (ongoing)
-Verret Canal improvements (ongoing)
-Maintenance on neutral grounds (ongoing)
CITYWIDE
-Sign maintenance
-Drain maintenance
-Grass cutting
-WPA ditch cleaning District 1 & 2
<:><:><:>
Mr. Mike Baudoin, Public Utilities Director provided the departmental status report:
Testing on the Wastewater Plant Primary Clarifier had not been completed due to additional
cleaning of the unit. This work is currently underway and testing of the cement support structure would
began in the next week or two. It is anticipated that a complete cost analysis, based on test results,
would be obtained by the next council meeting for the Primary Clarifiers.
The water plant eastside settling unit was back in operation, and working fine. However, the
west-side unit was taken out of service and found to be in equally poor condition as the east side,
therefore the same maintenance work must be done.
<:><:><:>
Mr. Tommy Trahan, Recreation Superintendent did not provided the departmental report.
Mr. Rudy DuSaules, Finance Director informed the Council that the city would be advertising
bids for the bleachers for the park.
<:><:><:>
Liquor License application for Brasil Latino Restaurant, LLC, at 500 Lafayette Street.
Councilwoman Constant stated that the applicants were requesting a liquor license for a limited
wine and beer only.
A member of the Boynton United Methodist Church located directly across the street from the
business requesting an alcohol license addressed the Mayor and Council on behalf of the church’s
congregation, who vehemently opposed granting of the license due to the close proximity of the
church. Another reason indicated in opposition to granting the sale and consumption of alcoholic
beverages at the location was the potential of drunkenness, which result from alcohol consumption and
is in conflict with the social principles of the United Methodist Church. Also, according to the City of
Gretna Tax and Licenses Office, an establishment that serve alcohol cannot be closer than 300-feet to a
church and this establishment is 75-feet from the front door of the church. In conclusion the member
stated that the church expected the Council to respect its right to practice their religion in an
environment that was conducive to accomplishing the mission of the United Methodist Church.
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Councilwoman Constant requested the City Attorney to address the requirement of an
establishment serving alcohol being at least 300-feet from the nearest church.
The City Attorney explained that at one time, the city enforced the exact requirements that the
State had relative to alcohol establishments being a certain distance from playgrounds, churches and
schools. Several years ago the city changed its ordinance to afford the city more flexibility and now the
proximity from a school, church or playground is simply one of the factors that was to be considered
by the Council on granting a liquor license. The distance between the establishment and the church; the
establishment and the school; the establishment and the playgrounds was just one of several factors
that the Council by ordinance should consider when determining whether or not to award an alcoholic
beverage license.
Councilman Templet pointed out that three months ago there was an alcoholic beverage license
approved for the same establishment and asked what had changed.
Councilwoman Constant replied that the ownership of the establishment changed.
Mayor Harris stated that church was not aware of the granting of a liquor license to the
previous business owner. He stated that he spoke to Pastor Robeson, who indicated strong opposition
to the sale of liquor at this restaurant. Mayor Harris stated that he does not condone drunkenness, illicit
activity but the city was not dealing with a bar. In addition, he noted that restaurants do have the ability
to serve beer and wine with food.
Councilwoman Constant stated that she spoke to the pastor and several members of the church
along with the business owner, and had given much thought to their concerns. She assured everyone
that the quality of life in this city was of utmost importance to her. She believed that by the business
being a restaurant it would not promote the drunkenness and illicit behavior expressed. In speaking to
the business owners, they have agreed to sign an affidavit with the city that would limit the alcohol
beverage to a low-alcohol content, which would include wine and beer only. In the limitation, it would
specifically state, no bar permitted on the premises, at table service only with food only, just as any
fine restaurant would be able to serve. It has been very difficult for three prior restaurants at this
location, to operate a successful restaurant without the availability of alcohol. In an effort to promote a
viable business, most restaurants in this area have the opportunity to serve alcohol with food. She
believed that based on the license restrictions, she would move to grant the alcoholic beverage license.
Councilman Templet expressed concerns that three months ago, the Council approved an
alcohol beverage permit at this address to a previous owner. He asked if the Council were to deny this
license would it be considered as being “arbitrary and capricious” in this situation.
The City Attorney advised that if the applicants were to agree to the exact same conditions as
the previous business owner, then the city would have to have something other than the objection of
the neighborhood in order to deny. He also pointed out that the church has been located there for a long
time. In addition, many years ago, the business located there was Favaloro’s Restaurant, and certainly
co-existed with the church.
Chief Lawson pointed out that there are two separate licenses, a low alcohol and high alcohol
content license. The city could issue the low alcohol content license, which would forbid the business
by law from selling any alcohol with high content.
The City Attorney stated that the restrictions contained in the affidavit would be placed on the
face of the license thereby making it easily identifiable for license violations.
Councilwoman Constant re-emphasized that any violation of the liquor license would be result
in the automatic revocation of the license. She explained that the sign was posted at the site, so that the
church would be aware of the application.
On motion by Councilwoman Constant and seconded by Councilman Cox, IT WAS
RESOLVED to approve the Liquor License application for the new owners of Brasil Latino
Restaurant, LLC located at 500 Lafayette Street to serve alcoholic beverage of low content (wine, beer)
with food and executing an affidavit with the city placing restrictions by the following vote:
Nays: None
Absent: None
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<:><:><:>
At the request of Councilwoman Constant, the Liquor License application for the Cottage Café,
located at 423 10th Street was not considered by the Council.
<:><:><:>
Request & permission for street closure and event:
Chris’ Iron Horse, 2010 O‘Connor Street -“Mardi Gras Bayou Bash”
Requested by Al Kinler - (former Iron Horse Saloon)
Saturday February 9, 2008 (Noon to 10:00 p.m.) & Sunday, February 10, 2008 (Noon to 7:00 p.m.)
On motion by Councilman Bolar and seconded by Councilwoman Constant, IT WAS
RESOLVED to approve the event request and to grant permission for street closure by Mr. Al Kinler
of Chris’ Iron Horse, located at 2010 O‘Connor Street for their “Mardi Gras Bayou Bash” celebration
scheduled for Saturday February 9, 2008 (Noon to 10:00 p.m.) and Sunday, February 10, 2008 (Noon
to 7:00 p.m.), and the same were unanimously approved.
<:><:><:>
Request and permission for a permanent 20 Ft. storage metal container to be placed on the site
of the Westbank Paper & Janitorial Supply, Inc. located at 2201 Huey P. Long Avenue - Requested by:
Leon Roche, Owner.
Councilman Cox that he discussed this matter with Miss Percle before the meeting.
Miss Percle stated that this request should be treated as a variance as she explained to the
applicant. Mr. Roche’s business operated as a non-conforming use. The area was zoned R-1 (Single
Family Residential) and in order for this container to be placed, it would be viewed as an expansion of
a non-conforming use. An expansion of a non-conforming use could occur, however, it must not be
greater than 25% of the business or building or activities. In addition, permission for such must be
granted by the City Council. The variance sign had to be posted for 7-days and if there were no
objections by neighborhood, it would be approved with the placement of a sight-obscuring fence along
Huey P. Long Avenue.
to grant a variance for a permanent 20 Ft. storage metal container to be placed on the site of the
Westbank Paper & Janitorial Supply, Inc. located at 2201 Huey P. Long Avenue contingent upon the
location being posted for seven days and no opposition from area residents, and the same were
<:><:><:>
Variance request for 1904-1920 Hancock Street.
Miss Susan Percle, CAO provided the following report on the Variance request for 1904-1920
Hancock Street to allow for a side yard width less than the required 3’: Property description: Lot 4A
and 10A, Square 7, Suburban Park - Applicant/Property Owner: Volunteers of America - Zoned: R-1 –
Single Family residential District.
Type of Variance Requested: Sec. 102-84 Single-family Residential District (a) Area Regulations (1)
Yard (b) Side Yard; Sec. 102-120 Substandard lots of record.
Purpose for Variance: to allow for a side yard width less than the required 3’.
Applicable Zoning: Per R-1 zoning regulations, in this district, a side yard is required one each
side of the building and shall not be less than 3 feet. Substandard lots of area can be utilized in
conformity with surrounding area “tout-ensemble”.
The applicant is erecting seven new single-family homes, continuing the affordable housing
initiative started in this block in 2004. (Four houses were previously constructed and subsequently
sold). Because of varying styles and layouts, two of these lots, while each having side yards of 5’6”,
will have steps that will protrude in the required side yard.
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A side yard is defined as “a space extending the front yard to the rear yard between the
principal building and the side lot line and measured perpendicular from the side lot
line to the closest point of the principal building. Such side yard is unoccupied and
unobstructed from the ground upward except as may be provided in this chapter.”
The foundations for these seven new single-family residential homes have been formed and
poured according to the site plan but that site plan did not show the steps in question. When said steps
were placed on the site plans, 2 side yards were impacted in such a way as to request this variance. It
should be noted that these houses are modular in construction therefore no physical accommodation
can be made on site.
Sec. 102-59 Variances allows an applicant to apply for relief under this instance. The City
Council may grant a Variance utilizing Approval Standards as set forth in Sec. 102-60.
Sec. 102-60. Approval standards.
(a) General. In the consideration of all appeals and all proposed variances and/or exceptions, under the
terms of this chapter, the city council shall not grant approval unless it makes a finding, based upon the
evidence presented to it, that each case shall indicate all of the following:
(1) 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.
(2) The approval, if granted, will tend to preserve and advance the prosperity and general welfare of
the neighborhood and community.
(3) 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, in that it will not: impair an adequate
supply of light and air; or increase substantially the congestions in the public streets, create a traffic
hazard, or permit inadequate parking; or increase the danger of fire; or substantially affect or
overburden existing drainage or sewerage systems; or otherwise endanger the public safety; or cause
serious, annoyance or injury to occupants or adjoining premises by reason of emission of odors, fumes,
gases, dust, smoke, noise, vibration, light or glare, or other nuisances.
(4) A physical hardship with special conditions and circumstances exists which are peculiar to the land,
structure, or building involved and which are not applicable to other lands, structures, or building in
the same zoning district; and the special conditions and circumstances do not result from the
intentional actions of the applicant or any person who may have or had interest in the property; and the
strict adherence to the regulation for the property would result in a demonstrable hardship upon the
owner as distinguished from mere inconvenience.
(5) Literal interpretation of the provisions of this chapter would deprive the applicant of rights
commonly enjoyed by other properties in the same district under the terms of this chapter; and granting
the variance requested will generally not confer on the applicant any special privilege which is denied
by this chapter to other lands, structures, or buildings in the same district similarly situated; and the
purpose of the variance is not based exclusively upon a desire to serve the convenience or profit of the
property owner or other interested party.
It is the opinion of the Code Enforcement Official that this case does satisfy every condition
that must be met for the variance to be granted. Particular attention was drawn to (4). A physical
hardship with special conditions or circumstances does exist.
Miss Percle requested that the Council allows her to post this variance request for the seven
days and then take action depending on the comments received. This is the property area bounded by
Hancock, Palfrey, Van Trump and Porter Streets, the Volunteers of America in association with the
Jefferson Parish Community Development Office are building affordable housing. Prior to the
Hurricane Katrina, they had already built four homes there. At that time, two of the homes required
similar variances, which were granted by the Council. They plan to erect seven homes and two of the
homes have side yards of 5’6”, however because they are modular construction, the foundation have
already been poured, the similar condition in two of these designs, sidesteps would protrude 3’ into the
required side yard. At the time when the foundation was poured according to the submitted site plan,
which did not show the steps in question when they were placed on the site plan, two side yards were
impacted in such a way that requested variance. It should be noted that these houses are modular in
construction, therefore no physical accommodation can be made on site.
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Because approval standards have been met, it was recommend that the City Council grant this
variance.
Councilman Bolar expressed concerns about granting a variance because of insufficient moving
room once the step are placed near the existing fence.
Miss Percle stated that once the steps are placed, there will be a 2’6” clearance.
On motion by Councilman Bolar and seconded by Councilman Rau, IT WAS RESOLVED to
approve the variance request by Volunteers of America, applicants for side yard variance for the
properties located at 1904-1920 Hancock Street, contingent upon the location being posted for seven
days and no opposition from area residents, and the same were unanimously approved.
<:><:><:>
The Westbank Social and Marching Club request to process on Mardi Gras Day.
On motion by Councilman Rau and seconded by Councilman Cox, IT WAS RESOLVED to
grant permission to Westbank Social and Marching Club and Sassy Katz to process on Mardi Gras
Day, February 5, 2008, and the same was unanimously approved.
<:><:><:>
Other Matters:
Councilwoman Constant stated that St. Joseph Church will have their 150th year celebration.
They are requesting permission for a fireworks display before midnight mass on Christmas Eve. They
have agreed to place flyers in the neighborhood announcing the fireworks display.
grant permission to the St. Joseph Church for a fireworks display on Christmas Eve in celebration of
their 150th year, and the same was unanimously approved.
<:><:><:>
Councilman Cox stated that he recalled allocating $89,000 to Hoffman & Associates for a
Marketing Plan. At the time the funds were allocated, Hoffman stated that they would be back again
before the Council within 30 to 60-days to provide a progress report. He expressed that he was
surprised that it cost $29,000 for the few ads they placed. He pointed out that the 2007 Gretna Festival
was successful without their help because of the hard and diligent work of Councilwoman Constant
and GEDA. He expressed that it was not certain that the city was getting its money’s worth for what
they had received from Hoffman & Associates. He requested that Hoffman & Associates come before
the Council in January and provide a status report.
Mayor Harris stated he had met with Hoffman and Associates last week, and expressed to them
that their reporting had been very poor. However, they indicated that radio spots were ran, remotes and
advertisements were placed. He also advised Hoffman & Associates that a tentative plan needed to be
provided to the Council for the last quarter in order to promote local businesses.
Councilman Cox offered a motion to stop further payments to Hoffman and Associates until
such time that they would report to the Council, which died for the lack of a second to the motion.
direct the marketing firm of Hoffman & Associates to appear at the next City Council meeting and
provide a status report, and the same was unanimously approved.
Mayor Harris stated that he was still intent to have Hoffman and Associates contact
Councilman Cox prior to the January meeting.
<:><:><:>
On motion by Councilman Rau and seconded by Councilman Bolar, IT WAS RESOLVED
that the Mayor and City Council go into Executive Session at 8:53 p.m. and the same was unanimously
approved.
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The Mayor and City Council reconvened from Executive Session at 9:27 p.m.
Mayor Harris reported that the Executive Session dealt with a personnel matter, specifically
with Mr. W. J. LeBlanc, Jr. At this time, there was an appeal pending by Mr. LeBlanc, and should that
appeal not be successful, Mr. LeBlanc would no longer be the city’s attorney. Mayor Harris expressed
that because of Mr. LeBlanc’s institutional knowledge of the City of Gretna for approximately 20years, his understanding of the city’s procedures, and there being a great need to address blight in the
City of Gretna, the discussion resulted in the creation of the position of Coordinator of Blight, which
would be filled by Mr. LeBlanc at the salary of $48,000 per year.
to create the position of Coordinator of Blight, and assign said position to Mr. W. J. LeBlanc, Jr., at the
salary of $48,000 per year, and the same was unanimously approved.
<:><:><:>
On motion by Councilman Rau and seconded by Councilwoman Constant, IT WAS
RESOLVED to adjourn the December 12, 2007 City Council regular meeting at 9:29 p.m., and the
same was unanimously approved.
<:><:><:>
/S/ AZALEA M. ROUSSELL, CMC
CITY CLERK
CITY OF GRETNA
STATE OF LOUISIANA
/S RONNIE C. HARRIS
MAYOR
CITY OF GRETNA
STATE OF LOUISIANA
A TRUE COPY:
/S/ AZALEA M. ROUSSELL, CMC
CITY CLERK
Page 29 of 29

The Mayor and City Council of the City of Gretna met this day

Transcription

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