The Mayor and Council of the City of Gretna met this day on
Transcription
The Mayor and Council of the City of Gretna met this day on
The Mayor and Council of the City of Gretna met this day on Wednesday, December 9, 2015 at 5:35 p.m., in Regular Session with the following members present: Mayor Belinda C. Constant; Council Members Wayne A. Rau, Milton L. Crosby, Joseph A. Marino III, Mark K. Miller, Jackie J. Berthelot. Absent: None Opening Prayer/Pledge of Allegiance Councilman Rau offered a prayer upon the opening of the meeting; therefore the Pledge of Allegiance was led by Girls Scout Troop 40401 - Katharine Klutz, Troop Co-Leader. Notice of the Meeting Notice of the scheduled meeting of the Mayor and City Council of the City of Gretna was published in the official journal on Wednesday, December 2, 2015; and posted on the Gretna City Hall Bulletin Board on Friday, November 13, 2015. Amend Agenda On motion by Councilman Rau and seconded by Councilman Crosby, IT WAS RESOLVED to amend the meeting Agenda to add one presentation relative to the 9-10 Girls Volleyball Westbank Champions; and to add one ordinance for introduction: An ordinance amending the Gretna Code of Ordinances, Section 102-33. - Nonconforming uses - paragraph (c) Alterations, and the same were unanimously approved. Opening Remarks by the Mayor. Mayor Constant made an official announcement that Wednesday, January 13, 2016 at 5:30 p.m. at the Gretna City Hall, 740 Second Street, 2nd Floor Council Chambers, Gretna, Louisiana, the Mayor and City Council of the City of Gretna, State of Louisiana, plans to consider adopting a resolution ordering and calling an election to be held in the City of Gretna to authorize the levy of an ad valorem tax. This is a fire protection millage scheduled to be on the ballot for the Special Election of April 9, 2016. Presentation(s): 9-10 Girls Volleyball Westbank Champions. Mrs. Amie Hebert officially made an announcement and special presentation to the 9-10 Girls Volleyball Westbank Champions at the Westbank Championship. It is an honor because it is the first time on over a decade. Jackets and Certificates of Recognition were extended to the winning team and their respective coaches Bryan and Jennifer Cannon; Madeline Graff, Kadence Cannon, Cameron Buras, Zoe Wilson, Rylie Miller, Emma Kruse, Emily Stein and Madison Falgout. Councilman Miller recognized Bryan and Jennifer Cannon for their time and efforts in coaching the team; because without volunteers like them it could not be done. Request for Qualification(s) received: Downtown Drainage Project Design & Engineering - Matthew Martinec, Special Projects Coordinator On motion by Councilman Rau and seconded by Councilman Crosby, IT WAS RESOLVED to accept that Burk-Kleinpeter, Inc. and Dana Brown and Associates as a team would be the qualified design and engineering professionals for the Downtown Drainage Project for Design & Engineering and the same was approved by the following vote: Yeas: Councilmen Rau, Crosby, Marino, Miller and Berthelot Nays: None Absent: None Request for Proposal(s) received: Administrative Consulting Services for the (CDBG) Disaster Recovery Program. Mr. Matthew Martinec, Special Projects Coordinator December 9, 2015 On motion by Councilman Rau and seconded by Councilman Crosby, IT WAS RESOLVED to accept the sole Request for Proposals of Hunt, Guillot & Associates, LLC as the Administrative Consulting Services for the (CDBG) Disaster Recovery Program and the same was approved by the following vote: Yeas: Councilmen Rau, Crosby, Marino, Miller and Berthelot Nays: None Absent: None It was noted that the State still has to approve on the request for proposal that was received. 5th Street Streetscape Improvements, Public Workshop - Matthew Martinec, Special Projects Coordinator Mr. Martinec announced that a special workshop has been scheduled for January 7, 2016 at 6:00 p.m. at 740 2nd Street, Gretna City Hall, 2nd Floor Council Chambers. At the workshop will discuss stages of feasibility study for streetscape improvements on Fifth Street (Richard Street to Franklin Street). Been exploring the possibilities with the assistance of Regional Planning Commission (Dana Brown and the city) to see what kind of improvements can be made along that public right-of-way and are seeking public input to help refine the proposal as the city seeks federal transportation dollars for this project. Councilman Marino expressed it would be an amazing transformation. Congratulation expressed to Mr. Martinec on his new position as Adjunct Professor with Tulane University. Mayor Constant expressed thank you to Mr. Matthew Martinec for his hard that is now paying off. Bids received for the following: Race Track Detention Pond, Phase II - William Bane, City Engineer (Dec. 2, 2015) On motion by Councilman Rau and seconded by Councilman Berthelot, IT WAS RESOLVED and upon the recommendation of Burk-Kleinpeter, Inc. to accept the low responsive bid of Hard Rock Construction, L.L.C. in the amount $145,000 for the Race Track Detention Pond, Phase II Project, and the same was approved by the following vote: Yeas: Councilmen Rau, Berthelot, Crosby, Marino and Miller Nays: None Absent: None New Business recognition(s): New Orleans Barbell Club (64 Westbank Expressway) – Gavin Johnson, Owner Councilman Berthelot (District 4) read aloud and presented the Certificate of Appreciation acknowledging and welcoming the New Orleans Barbell Club (64 Westbank Expressway) as a new business to the City of Gretna. Mr. Gavin Johnson briefed on the activities of the business, and thanked the City of Gretna for recognizing and welcoming his business into the community. Champagne Travel (405 Huey P. Long Avenue) Page Champagne / Joycelyn Champagne, Owners Councilman Marino (District 2) read aloud and presented the Certificate of Appreciation acknowledging and welcoming the Champagne Travel (405 Huey P. Long Avenue) as a new business to the City of Gretna. Miss Page Champagne briefed on the activities of the business, and thanked the City of Gretna for recognizing and welcoming their business into the community. Variance Request(s): 1625 Lafayette Street - Race Track Petroleum Inc., Owner (John Thompson, Applicant) For: Additional signage for interior and facade remodel. (District 4) This matter was deferred. 502 Lavoisier Street - Charles K. and Katherine Billings, Applicants – For: 3-Feet rear yard setback (shed). (District 2) Page 2 of 19 December 9, 2015 Mrs. Azalea Roussell, Planning & Zoning Officer provided the variance report as follows: Factual Background Municipal Address: 502 Lavoisier Street Legal Description: Lot 20A, Square 21, Mechanickham Subdivision Applicant: Mr. Charles and Katherine Billings Historic District: Gretna-Mechanickham Council District: 2 The subject property is zoned Single Family Residential, (R-1) and contains a single family dwelling located in the Gretna-Mechanickham Historic District. The applicant received a Stop Work Order because no building permit had been obtained for the partially constructed accessory structure. A building permit application was thereafter applied for to construction an accessory structure (shed). The application was reviewed by and received a Certificate of Appropriateness from the Historic District Commission for aesthetics and materials. The applicants are requesting to allow the partially constructed accessory building’s footprint, which is located on the side and rear yard property lines to remain. A variance is being requested to Gretna Code of Ordinances, Sec. 102-123. – Regulation of Accessory Buildings: 2) Accessory buildings may be built in a required rear yard but such accessory buildings shall not occupy more than 40 percent of the required rear yard and they shall not be located less than five feet from either side or rear lot line in residential districts. Section 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. Applicant’s Hardship The applicant submitted a hardship letter asking that this variance be granted based upon the contents of their letter. Analysis The accessory structure is located on the side and rear yard property lines, abutting the 6 foot wooden sight obscuring fence. In addition the dimensions of the structure occupy more than 40% of the required rear yard. The property was posted with a “Variance Applied For” sign on October 31, 2015. The City received 4 calls in opposition to this variance. Page 3 of 19 December 9, 2015 Recommendation This particular case does not satisfy all of the above listed approval standards that must be met for a variance to be granted. I call particular attention to approval standard number (3). The approval, if granted, would be detrimental to surrounding structures with regard to fire contagion and storm water run- off due to their close proximity. In addition, approval if granted would set a precedent for accessary structures to be located on side and rear yard lot lines. This particular case does not satisfy all approval standards for a variance to be granted; therefore I cannot recommend that this variance be granted by the Council. On motion by Councilman Marino and seconded by Councilman Rau, IT WAS RESOLVED to approve the variance request of 502 Lavoisier Street for 3-feet rear yard setback, and the same was approved by the following vote: Yeas: Councilmen Marino, Rau, Crosby, Miller and Berthelot Nays: None Absent: None Site Plan Review Request(s): 635 Kepler Street - Richard H. Williams, Applicant For: Addition of office and bathroom. (District 1) Mr. Will Bane, City Engineer provided a site plan review report for the 635 Kepler Street as follows: Existing Conditions The property is currently in use as a tire repair shop and a restaurant. There is existing parking in the front of the building and a canopy in front of the tire repair shop. The rear of the building is unpaved and used for storage. There is a fence along the Monroe side, the rear and along the adjoining parking area for a restaurant at 615 Kepler. Proposed Site Plan The submitted site plan proposes to construct an office and a restroom in the rear of the tire repair. The location is in the unpaved area in the rear. The addition will be 12 feet deep and 20 feet wide. The new construction and the existing building will be separated by a fire wall. There is a door to the existing building and a door leading to the rear of the property. The new construction does not encroach to the rear past the existing building and does not encroach to the side past the existing tire shop. Comments According to the City of Gretna’s zoning map, the lot is zoned C-1. There is no minimum size requirement for a C-1 district. The required front yard for this zoning is 20 feet. There is no required side or rear yard requirement. The new addition is in the rear of the building but does not extend past the existing building towards the side or rear. The proposed development is less than 10,000 sf therefore no drainage calculations are required. This site plan revision meets the requirements of the Code of Ordinance and is recommended for approval. On motion by Councilman Crosby and seconded by Councilman Rau, IT WAS RESOLVED to accept the Site Plan Review Committee favorable recommendation to approve the site plan review request for 635 Kepler Street for addition of office and bathroom, by the following vote: Yeas: Councilmen Crosby, Rau, Marino, Miller and Berthelot Nays: None Absent: None The City Clerk read aloud in its entirety the December 9, 2015 CONSENT AGENDA as follows: CONSENT AGENDA: Approval of Meeting Minutes: November 10, 2015 Council Regular meeting. Event Request(s): None Page 4 of 19 December 9, 2015 Adoption of Ordinance(s) by Consent: ORDINANCE NO. 4699 An ordinance setting the City of Gretna Legislative Calendar for the Year 2016, in accordance with the Gretna Code of Ordinances, Chapter 2. –Administration; Section 2-46. -Legislative Calendar. NOW, THEREFORE BE IT ORDAINED, by the City Council of the City of Gretna, acting as legislative authority for the City, that: The Legislative Calendar for all regular meetings of the Mayor and City Council; and two special meetings for Capital Projects Review and Capital Outlay Review for the calendar year 2016 is hereby set as follows: Day of Week Date Time Wednesday January 13, 2016 5:30 p.m. Wednesday February 10, 2016 5:30 p.m. Wednesday March 9, 2016 5:30 p.m. Wednesday March 23, 2016 5:30 p.m. Capital Projects Review Wednesday April 13, 2016 5:30 p.m. Wednesday May 11, 2016 5:30 p.m. Wednesday June 8, 2016 5:30 p.m. Wednesday July 13, 2016 5:30 p.m. Wednesday August 10, 2016 5:30 p.m. Wednesday August 24, 2016 5:30 p.m. Capital Outlay Review Wednesday September 14, 2016 5:30 p.m. Wednesday October 12, 2016 5:30 p.m. Wednesday November 9, 2016 5:30 p.m. Wednesday December 14, 2016 5:30 p.m. Provided that a majority of the City Council has voted in favor of this ordinance, this ordinance shall have the full force and effect of law at midnight on the tenth day following the Clerk's presentment of the same to the Mayor, in accordance with Louisiana Revised Statutes 33:406(c)(2) unless the Mayor returns the same, unsigned, to the Clerk during that ten-day period. ORDINANCE NO. 4700 An ordinance amending Chapter 102 Zoning and Subdivisions, more particularly amending the zoning classification C-2 (General Commercial District) to permit Automobile sales and to remove or prohibit automobile sales in BC-2 (Business core District). WHEREAS, the City of Gretna has interest in the health, safety and welfare of its citizen. NOW THEREFORE BE IT ORDAINED, by the Gretna City Council, acting as legislative authority for said city that: Amend Chapter 102 Zoning and Subdivisions, by amending the zoning classification C-2 (General Commercial District) to permit automobile sales and to remove or prohibit automobile sales in BC-2 (Business core District). Sec. 102-95. - General commercial district, C-2. (a) Description. The C-2 general commercial district is composed of certain land and structures used to provide for retailing goods and furnishing major services. This district characteristically occupies a larger area than the neighborhood commercial district since it is intended to serve a greater population and offer a wider range of services. Full and complete development of all property in this district is of importance so the district can effectively serve its economic function. These districts are usually located along major thoroughfares and future expansion should desirably occur as an increase in depth of the district rather than further strip-like extension along the major thoroughfares. (b) Permitted uses. In C-2 districts only the following uses of property shall be permitted: (1) Any use permitted in a C-1 neighborhood commercial district, BC-1 business core district and BC-2 business core district, however, any existing residential use shall be recognized as a nonconforming use. (2) Reserved. (3) Amusement enterprises including stage entertainment, bowling alleys, skating rinks and poolrooms. (4) Animal hospitals and veterinary clinics if any structure used for housing animals is a minimum of 100 feet from any residential district. (5) Bar rooms, nightclubs and lounges must be located a minimum of 300 feet from any residential district, measured along the nearest pedestrian walkway at the entrance of the establishment to the residential district line. Page 5 of 19 December 9, 2015 (6) Bars, nightclubs and lounges provided the following criteria are met: a. The structure shall be a minimum distance of 300 feet from the sidewalk of the nearest point of the property line of any residential district, church, synagogue or school measured to the nearest point of the premises to be licensed. b. Density requirements. 1. The minimum distance between any two bars, nightclubs or lounges shall be 1,000 feet, measured in a straight line from the property lines without regard to any intervening structures. 2. This minimum distance requirement shall not apply within a multitenant commercial center if the number of parking spaces required for the new bar, nightclub or lounge is provided. (7) Convenience stores provided the following criteria are met: a. Stand-alone convenience store structures shall contain a minimum area of 3,000 square feet. Convenience store structures developed in conjunction with filling stations shall contain a minimum area of 2,500 square feet. b. The minimum distance between any two convenience stores shall be 1,000 feet, measured in a straight line from the property lines without regard to any intervening structures. c. Vending machines. No food or drink vending machines shall be permitted to be located on the exterior of the structure. Permitted vending machines shall not occupy more than ten percent of the building frontage or 20 feet, whichever is less. Vending machines shall not obstruct pedestrian walkways and shall maintain a minimum clearance of 44 inches for clear pedestrian passage. A permit for each vending machine located on the exterior of a structure shall be obtained from the city to be renewed annually at a cost of $50.00. d. Litter control. Each day the owner or operator of the convenience store shall collect all litter and trash originating from and deposited on the site of the convenience store and public property within 200 feet of any boundary of the property upon which the convenience store is located. The owner or operator of the convenience store shall provide trash receptacles as required by solid waste regulations set in Section 82-16 and shall remove all trash from these receptacles on a daily basis, or more frequently if needed to maintain a litter-free environment, and from the sidewalk and public right-of-way adjacent to the property upon which the convenience store is located. e. Loitering. The owner or operator of the convenience store shall discourage loiterers and ask persons loitering longer than 15 minutes to leave the area, and shall contact the city police department for enforcement of applicable trespassing, congregating and loitering laws if persons requested to leave fail to leave. (8) Funeral homes, mortuaries, and undertaking establishments. (9) Garages, public storage and repairs, provided all repair operations, mechanical and body, are conducted in a building having no opening other than stationary windows and doors, no closer than 100 feet to a residential district. No parts or waste material shall be stored outside the building and damaged automobiles and/or other vehicles awaiting repair must be stored in an area enclosed with a solid wood or masonry fence of such height to adequately screen the area from public view (minimum fence height is six feet). (10) Hotels. (11) Laundries employing not more than ten persons (exclusive of drivers or other employees who spend the greater part of their working time away from the premises). (12) Laundry and dry cleaning establishments (combined operations) employing not more than 25 persons on the premises, and using only nonflammable solvents. (13) Milk and ice or other distribution stations, not including manufacturing or bottling. (14) Ministorage structures. On corner lots the structure must be set back 20 feet from front and side lot lines abutting the streets, and landscaping and/or approved architectural treatment is to be provided on the front property line of interior lots and on the side property line of corner lots. (15) Motels, tourist courts and trailer parks. (16) Offices. (17) Radio and television studios and broadcasting stations. (18) Retail stores and establishments. (19) Second hand shops provided the following criteria are met: a. The structure contains a minimum area of 750 square feet when located within a city historic district, and a minimum area of 1,000 square feet when located in other areas of the city. b. The minimum distance between any two second hand shops shall be 1,000 feet, measured in a straight line from the property lines without regard to any intervening structures. (20) Short-term loan stores provided the following criteria are met: a. The structure contains a minimum area of 2,000 square feet. b. The minimum distance between any two short-term loan stores shall be 3,000 feet, measured in a radius from the property lines. c. All Louisiana State regulations particularly with respect to money lending standards shall be met. Additionally, short-term loan stores shall post their interest rate for loans clearly near the entrance of the facility. (21) Trade, service and repair establishments employing not more than ten persons on the premises exclusive of route men, drivers and other employees who spend the greater part of their working time Page 6 of 19 December 9, 2015 away from the premises, including printing, electrical, plumbing, bicycle repair, television, radio and appliance repair and other similar services. All parts and waste material must be stored in an area closed within a six-foot solid wood or masonry fence to adequately screen the area from public view. (22) Accessory buildings, warehouses, and other uses customarily pertinent to C-2 commercial uses may be located on the same lot to provide for storage of articles or materials necessary to conduct the principal use. These materials must not be stored in an unenclosed area unless there is a six-foot solid fence surrounding the property adequately screening the area from public view. (23) Cabinet makers. (b) Conditional uses. (1) Automobile, trailer and farm equipment sales (new and used) which are not required to be enclosed. However, any major mechanical or body repairs must be conducted within a building having no opening other than stationary windows and doors, located a minimum of 1000 feet from a residential district. All vehicles on a used car lot must be in operating condition at all times (see Repairs, major, section 102-3). Customer parking as set forth in Section 102-261 must be provided and minimum front linear footage must be 50 feet with 20 feet reserved for ingress or egress. (2) Massage and tattoo parlors. (3) Hotel, limited service, extended stay, corporate apartment and full service. (c) Height regulations. No building or structure shall exceed 65 feet in height. (d) Area regulations. (1) Yard. a. Front yard. A 20-foot front yard is required in all C-2 commercial districts. b. Side yard. A five-foot side yard is required in all C-2 commercial districts, except on the side of a lot abutting on a residential district, where there shall be a side yard of not less than ten feet. A corner lot whose rear lot line abuts a residential district shall have a side yard, on the street side, not less than 20 feet in width. c. Rear yard. A 15-foot minimum rear yard is required in all C-2 commercial districts, except where a lot abuts upon a residential district, where there shall be a rear yard of not less than 25 feet. (2) Lot area. A minimum lot area of 5,000 square feet is required in all C-2 commercial districts. (e) Offstreet parking and loading requirements. Shall be provided as set forth in 102-261 Sec. 102-93. - Business core district, BC-2. (b) Permitted uses. Any residential dwelling provided such dwelling: a. Is located in a main structure containing nonresidential uses permitted in this district; and b. Does not exceed 50 percent of the total floor area of the main structure. Amusement enterprises (indoor), but not to include adult cabarets, massage parlors and poolrooms. (3) Animal hospitals and veterinary clinics provided any structure used for housing animals is located a minimum of 100 feet from any residential district. (4) Bail bond establishments provided the following criteria are met: a. The structure contains a minimum area of 750 square feet. b. The structure shall be permanent and meet the building code as adopted and amended by the city and other applicable codes. (5) Bakeries, retail (see Retail food establishment, section 102-3). (6) Banks (see Retail services, section 102-3). (7) Barber and beauty shops (see Retail services, section 102-3). (8) Bars as accessory uses to other uses such as hotels and restaurants or when located in a main structure containing two or more of the following uses: a. Offices; b. Retail; c. Hotels; and d. Theatres; and further provided that such bar does not exceed 25 percent of the total floor area of the main structure (see Nightclub, Retail services, Section 102-3.). (9) Caterers and delicatessens (see Retail food establishment, Retail services, Section 102-3.). (10) Clinics, but not to include chemical dependency units. (11) Copying establishments, retail (see Retail services, Retail services, Section 102-3). (12) Dry cleaners, laundries and collection and distribution stations. (13) Dressmaking, millinery, tailoring, custom designing and similar professions (see Retail services, Section 102-3) (14) Filling stations and service stations, provided the following criteria are met: a. The station is not within 100 feet of a residential district; b. That no parts or waste material shall be stored outside the building unless enclosed by fence of sufficient height and material to adequately screen the area from public view; c. That damaged vehicles awaiting servicing shall be stored in an area enclosed with a solid wood or masonry fence of such height so as to adequately screen the area from public view; d. There shall be a front yard having a depth of not less than 15 feet; and Page 7 of 19 December 9, 2015 e. There shall be a minimum five-foot landscape strip along all property lines, excluding access ways such as driveways. This landscape strip shall serve as a buffer between adjacent property and shall consist of turf or ground cover with shrubs and/or trees; f. All major repair shall be conducted within an enclosed structure (see Repair, major, section 102-3). (15) Garages for public storage but not for repair. (16) Health and athletic clubs. (17) Health care facilities. (18) Hotels. (19) Institutions for professional or educational training. (20) Motels. (21) Offices. (22) Parking garages and parking lots. (23) Radio and television studios and broadcasting stations. (24) Restaurants and cafeterias. (25) Retail stores and establishments (see Retail trade, section 102-3) (26) Retail services and establishments provided that all storage and repair is confined within an enclosed structure and that all business vehicles are parked within the building or screened from view by a six-foot wood, masonry or similar type fence. (27) Taxi and public transit stands. (28) Wholesale display and sale of merchandise (indoor), except warehousing. (29) Accessory buildings and uses and warehouses when located on the same lot as a permitted use in this district, and provided that materials or articles are not stored in an open area outside the building unless the area is enclosed with a six-foot solid fence to adequately screen the area from public view. (30) Adult day care facility, provided the following criteria [are] met: a. A drop off area is provided at grade directly adjacent to the entry door and separate from the parking area and street for safe and easy loading and unloading of passengers. b. All applicable city, parish, state, Americans with Disabilities Act and other federal codes are met. The facility is operated and licensed according to state standards. 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. ORDINANCE NO. 4701 An ordinance amending Ordinance No. 1945 of the City of Gretna, adopted by the City Council of the City of Gretna on the 12th day of July 1989, more particularly amending the zoning classification of Lot 18-A, Square 131, McDonoghville Subdivision, City of Gretna, Jefferson Parish, State of Louisiana, from C-1 (Neighborhood Commercial District) TO C-2 (General Commercial District), and directing, authorizing and empowering the Planning and Zoning Official of the City of Gretna to alter and amend the Official Zoning Map of the City of Gretna. Municipal Address: 1615 Hancock Street WHEREAS, Douglas P. Carole is the owner of Lot 18-A, Square 131, McDonoghville Subdivision, City of Gretna, Parish of Jefferson, State of Louisiana; and WHEREAS, Lot 18-A, Square 131, McDonoghville Subdivision, is designated on the Official Zoning Map of the City of Gretna as C-1 (Neighborhood Commercial), which said Map forms a part of Ordinance 1945 of the City of Gretna, adopted by the Planning Advisory Board; and WHEREAS, the Planning Advisory Board has been disbanded by the City Council, and the duties of the Planning Advisory Board have been allocated to the Planning and Zoning Official and the City Council of the City of Gretna; and WHEREAS, the Planning and Zoning Official of the City of Gretna has cause to duly advertise as prescribed by law, a public hearing in connection with the zoning reclassification of Lot 18-A, Square 131, McDonoghville Subdivision, City of Gretna, Parish of Jefferson, State of Louisiana; and WHEREAS, a public hearing was held by the City Council, in accordance with law. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Gretna, acting as legislative authority for said City, that: SECTION I The zoning classification of Lot 18-A, Square 131, McDonoghville Subdivision, City of Gretna, Parish of Jefferson, State of Louisiana, be and it is hereby amended and changes from C-1 (Neighborhood Commercial) TO C-2 (General Commercial District.) Page 8 of 19 December 9, 2015 SECTION II The City Council of the City of Gretna, be and it hereby directs, authorizes and empowers the Planning and Zoning Official to make the necessary and appropriate changes and amendments to Ordinance 1945, of the City of Gretna, more particularly to the Official Zoning Map thereof, designating the above mentioned and described property as C-2 (General Commercial District.) SECTION III The Mayor of the City of Gretna is made and is hereby empowered, authorized and directed to sign and execute all acts of documents necessary and proper in the premises to give full force and effect to this ordinance. Provided that a majority of the City Council has voted in favor of this ordinance, this ordinance shall have the full force and effect of law at midnight on the tenth day following the Clerk's presentment of the same to the Mayor, in accordance with Louisiana Revised Statutes 33:406(c)(2) unless the Mayor returns the same, unsigned, to the Clerk during that ten-day period. Mrs. Azalea Roussell, Planning & Zoning Officer provided a rezoning report on the property located 1615 Hancock Street: Rezoning-1615 Hancock Street- (C-1) to (C-2) Municipal Address: 1615 Hancock Street Legal Description: Lots 18-A, Square 131, McDonoghville Subdivision Applicant: Douglas P. Carole Current Zoning District: (C-1) Neighborhood Commercial Proposed A vacant 4,700 square feet cement/metal commercial building is located on this lot, which previously housed an Alternator & Starter Rebuild business. The property is currently zoned Neighborhood Commercial (C-1). The other adjacent parcels within this square are zoned Neighborhood Commercial (C-1) and General Commercial (C-2). The proposed use is to open an automobile collision repair shop, adhering to all applicable city regulations for said business type. The applicant submitted along with the application three (3) letters of no objection from adjacent property owners regarding this rezoning request. Recommendation The subject property is located within in a square containing mixed land uses. The adjacent parcels are zoned Neighborhood Commercial District (C-1) to the north, west, southern and eastern portion of the square. The parcel immediately abutting this property is zoned General Commercial District (C-2) on the south side .On the east side of Hancock Street where this property is situated, beginning at Solon Street southbound to Stump Blvd. those parcels are zoned Business Core 2 District (BC-2) and General Commercial District (C-2), encompassing a commercial land use corridor on this particular section of Hancock Street. This rezoning application is recommended for approval. ORDINANCE NO. 4702 An ordinance declaring vehicles surplus property, and no longer needed for public purposes and to authorize sale of said property at a public auction. WHEREAS, the City of Gretna has purchase new vehicles to replace old vehicles; and WHEREAS, the purchase of said vehicles has caused the old vehicles to become unnecessary to the operation of the City; and WHEREAS, the City of Gretna Police Department has seized certain vehicles pursuant to State and Federal Asset Forfeiture Laws; and WHEREAS, any proceeds from any seized vehicles listed in Section 2, shall be used only for the enforcement of the drug related laws. NOW, THEREFORE, BE IT ORDAINED by the City Council, acting as legislative authority for the City of Gretna, that: SECTION 1. The following vehicles are designated surplus property of the City of Gretna and should be sold at an auction to the highest bidder: Page 9 of 19 December 9, 2015 PUBLIC UTILITIES DEPARTMENT Year 1997 Make Isuzu Model VIN 4S2CK58V9V4317977 Rodeo SECTION 2. The following vehicles are designated surplus property of the City of Gretna and should be sold at an auction to the highest bidder: POLICE DEPARTMENT VEHICLES Year 2000 2007 2007 2005 2005 2005 2006 2006 2005 2009 Make Chevrolet Ford Ford Chevrolet Chevrolet Ford GMC Ford Ford Ford Model Silverado Crown Victoria Crown Victoria Tahoe Tahoe Crown Victoria Sierra Crown Victoria Crown Victoria Crown Victoria VIN 1GCEC14V2YZ304785 2FAFP71W67X126222 2FAFP71WX7X126224 1GNEC13V65R232431 1GNEC13V75R165192 2FAFP71WX5X177669 2GTEK13T261101534 2FAFP71WX6X124956 2FAFP71W45X109917 2FAHP71V29X110313 Unit # 39 41 48 83 89 99 103 122 197 270 Provided that a majority of the City 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 R.S. 33:406(c)(2) unless the Mayor returns the same, unsigned to the Clerk during that ten-day period. Adoption of Resolution(s) by Consent: RESOLUTION NO. 2015-073 A resolution authorizing and directing Mayor Belinda C. Constant for and on behalf of the City of Gretna, Louisiana to enter into a Cooperative Endeavor Agreement with Gretna Land Development, LLC relative to the levy, collection, use and application of a 2% River Express Development Zone Tax and designating an equal amount from the existing Hotel and Occupancy Tax in the City of Gretna, and dedicating the incremental increase in ad valorem tax in the River Express Development Zone 1 (REDZ1), State of Louisiana. WHEREAS, the City of Gretna has an interest in the health, welfare and safety of its citizens; and WHEREAS, by Ordinance No. 4645 adopted on January 15, 2015, the governing authority of the City of Gretna, State of Louisiana (the “City”) created the River Express Development Zone 1, City of Gretna, State of Louisiana (the “District”), in accordance with La. R.S. 33:9038.32; and WHEREAS, La. R.S. 33:9038.34 permits the City to pledge to the District a portion of the sales and hotel occupancy taxes received by the City of Gretna and generated within the River Express Development Zone 1 district. NOW THEREFORE BE IT RESOLVED by the Gretna City Council, acting as legislative authority for said city that: Mayor Belinda C. Constant is hereby authorized and directed to enter into a Cooperative Endeavor Agreement with Gretna Land Development, LLC relative to the levy, collection, use and application of a 2% River Express Development Zone Tax and designating an equal amount from the existing Hotel and Occupancy Tax in the City of Gretna, and dedicating the incremental increase in ad valorem tax in the River Express Development Zone 1 (REDZ1), State of Louisiana. RESOLUTION NO. 2015-074 A resolution authorizing Mayor Belinda C. Constant to execute revised contracts for the Safe Routes to School program for Infrastructure [State Project No. H.006524.6 and H.006525.6] and Non-Infrastructure [State Project No. H.006524.1 and H.006525.1] Projects. Page 10 of 19 December 9, 2015 WHEREAS, the City of Gretna has an interest in the health, welfare and safety of the citizens of the City of Gretna; and WHEREAS, for the wellbeing of the citizens of Gretna, this Council authorizes the application and use of State, Federal and other Grants; and WHEREAS, the Gretna Safe Routes to Schools program has already provided two years of activities and instruction in safe walking and bike riding school access; and WHEREAS, the Safe Routes to Schools program also will provide Infrastructure improvements [Crosswalks, Sidewalk repair, etc.]. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Gretna, Louisiana, acting as legislative authority for said City, that: Mayor Belinda C. Constant is hereby authorized and directed to execute revised contracts for the Safe Routes to School program for Infrastructure [State Project No. H.006524.6 and H.006525.6] and Non-Infrastructure [State Project No. H.006524.1 and H.006525.1] Projects. RESOLUTION NO. 2015-075 A resolution requesting the Gretna City Council to authorize and direct Mayor Belinda C. Constant to negotiate an agreement to utilize the existing Gretna Ferry Terminal as a base for touring riverboats. WHEREAS, the City of Gretna has an interest in the health, welfare and safety of the citizens of the City of Gretna; and WHEREAS, it is the interest of the City of Gretna to promote the economic development and quality of life aspects of its citizens; and WHEREAS, the future economic development opportunities for the City of Gretna may lie in the alternative means of transportation to do business and enjoy the cultural aspects; and WHEREAS, the City of Gretna has developed the viability of restaurants, activities and cultural activities that will attract residents and visitors; and WHEREAS, it is the belief of the City Administration that water borne transportation for the City of Gretna is vital for economic growth. NOW, THEREFORE, BE IT RESOLVED by the City Council of Gretna, Louisiana, acting as governing authority of said City that: The Gretna City Council hereby authorizes and directs Mayor Belinda C. Constant to negotiate an agreement to utilize the existing Gretna Ferry Terminal as a base for touring riverboats. On motion by Councilman Rau and seconded by Councilman Crosby, IT WAS RESOLVED to approve and adopt all the items read aloud from the Consent Agenda for the December 9, 2015 Council Regular meeting, by the following vote: Yeas: Councilmen Rau, Crosby, Marino, Miller and Berthelot Nays: None Absent: None There were no comments from the audience on the matters read from the CONSENT AGENDA. Consideration and Adoption of Item(s) Pulled from the Consent Agenda: NONE Page 11 of 19 December 9, 2015 Consideration and Adoption of Ordinance (s): On motion by Councilman Marino and seconded by Councilman Rau, the following ordinance was read and adopted section by section and then as a whole by the following vote: Yeas: Councilmen Marino, Rau, Crosby, Miller and Berthelot Nays: None Absent: None ORDINANCE NO. 4703 An ordinance approving the resubdivision of Lot 1, and Part of Lot 2, Square 19, Village of Mechanickham Subdivision, City of Gretna, Parish of Jefferson, State of Louisiana INTO Lot 1A, Square 19, Village of Mechanickham Subdivision, as per the plan of survey and resubdivision of Gilbert, Kelly & Couturie, Inc., dated September 28, 2015. Municipal Address: 550 Huey P. Long Avenue WHEREAS, Ronnie J. Arcement is the owner of Lot 1, and Part of Lot 2, Square 19, Village of Mechanickham Subdivision, City of Gretna, Parish of Jefferson, State of Louisiana; and WHEREAS, the aforesaid owner has resubdivided Lot 1, and Part of Lot 2, Square 19, Village of Mechanickham Subdivision, City of Gretna, Parish of Jefferson, State of Louisiana INTO Lot 1A, Square 19, Village of Mechanickham Subdivision, as per the plan of survey and resubdivision of Gilbert, Kelly & Couturie, Inc., dated September 28, 2015 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 1, and Part of Lot 2, Square 19, Village of Mechanickham Subdivision, City of Gretna, Parish of Jefferson, State of Louisiana INTO Lot 1A, Square 19, Village of Mechanickham Subdivision, as per the plan of survey and resubdivision of Gilbert, Kelly & Couturie, Inc., dated September 28, 2015, be and the same is hereby approved. SECTION II: The Mayor of the City of Gretna 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. Resubdivision report by Will Bane, Engineer Mr. Will Bane, City Engineer provided the resubdivision report for the property at 550 Huey P. Long Avenue. Reviewed the subject resubdivision request and offered the following observations: Existing Conditions The existing properties consist of Lot 1, and Part of Lot 2, Square 19, Village of Mechanickham Subdivision. On these lots is an existing building, some fencing, a portion of a driveway and a grassed area. Proposed Re-subdivision It is proposed to resubdivide the properties into Lot 1A. This new lot will have an area of 5,177.50 sf. The lot line running down the center of the building will be removed leaving the building on one lot. Comments According to the City of Gretna’s zoning map, the lots are zoned C-1. There minimum lot size in a C-1 district for single family residential use is 4,000 square feet. The proposed lot meets this requirement. According to the City of Gretna’s Code of Ordinances, the front yard requirement for C-1 is 20 feet. The side yard requirement is 5 feet. The rear yard requirement is 20 feet. The lot line that has been eliminated ran through the existing building. This has been eliminated. The existing building is roughly 20 feet from the front property line and 2.25 feet from the side property line. The building is roughly 80 feet from the rear property line. The yard requirements have not been met but these are existing conditions. The yard requirements have not been met but the combination of the lots is an improvement. The area requirements have been met. This resubdivision is recommended for approval. Page 12 of 19 December 9, 2015 Page 13 of 19 December 9, 2015 On motion by Councilman Marino and seconded by Councilman Rau, the following ordinance was read and adopted section by section and then as a whole by the following vote: Yeas: Councilmen Marino, Miller, Rau, Crosby and Berthelot Nays: None Absent: None ORDINANCE NO. 4704 An ordinance approving the resubdivision of Lots 3 and 4, and Part of Lot 2, Square 19, Village of Mechanickham Subdivision, City of Gretna, Parish of Jefferson, State of Louisiana INTO Lot 3A, Square 19, Village of Mechanickham Subdivision, as per the plan of survey and resubdivision of R. W. Krebs, L.L.C., dated October 5, 2015; and revised for resubdivision October 28, 2015. Municipal Address: 528 Huey P. Long Avenue WHEREAS, Randy DeLeo is the owner of Lots 3 and 4, and Part of Lot 2, Square 19, Village of Mechanickham Subdivision, City of Gretna, Parish of Jefferson, State of Louisiana; and WHEREAS, the aforesaid owner has resubdivided Lots 3 and 4, and Part of Lot 2, Square 19, Village of Mechanickham Subdivision, City of Gretna, Parish of Jefferson, State of Louisiana INTO Lot 3A, Square 19, Village of Mechanickham Subdivision, as per the plan of survey and resubdivision of R. W. Krebs, L.L.C., dated October 5, 2015 and desires approval of same, all in accordance with ordinances relative to same. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Gretna, acting as legislative authority for said City, that: SECTION I: The plan of resubdivision of Lots 3 and 4, and Part of Lot 2, Square 19, Village of Mechanickham Subdivision, City of Gretna, Parish of Jefferson, State of Louisiana INTO Lot 3A, Square 19, Village of Mechanickham Subdivision, as per the plan of survey and resubdivision of R. W. Krebs, L.L.C., dated October 5, 2015, be and the same is hereby approved. SECTION II: The Mayor of the City of Gretna 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. Resubdivision report by Will Bane, Engineer Mr. Will Bane, City Engineer provided the resubdivision report for the property at 528 Huey P. Long Avenue. Reviewed the subject resubdivision request and offered the following observations: Existing Conditions The existing properties consist of Lots 3, 4, and Part of Lot 2, Square 19, Village of Mechanickham Subdivision. On these lots is an existing building, some fencing, a portion of a driveway and a grassed area. Proposed Re-subdivision It is proposed to resubdivide the properties into Lot 3A. This new lot will have an area of 7,587.50 sf. The lot line running down the center of the building will be removed leaving the building on one lot. Comments According to the City of Gretna’s zoning map, the lots are zoned C-1. There minimum lot size in a C-1 district for single family residential use is 4,000 square feet. The proposed lot meets this requirement. According to the City of Gretna’s Code of Ordinances, the front yard requirement for C-1 is 20 feet. The side yard requirement is 5 feet. The rear yard requirement is 20 feet. One lot line that has been eliminated ran through the existing building. This has been eliminated. The existing building is 8.5 feet from the front property line and 5.1 feet from the side property line. The building is roughly 50 feet from the rear property line. The yard requirements have not been met but these are existing conditions. The yard requirements have not been met but the combination of the lots is an improvement. The area requirements have been met. This resubdivision is recommended for approval. Page 14 of 19 December 9, 2015 Page 15 of 19 December 9, 2015 No voting action was taken by the Council at the December 9, 2015 Council Regular for an ordinance adopting and enacting a new code for the City of Gretna, Louisiana; providing for the repeal of certain ordinances not included therein; and providing when such code and this ordinance shall become effective. This agenda item was motioned and seconded and subsequent discussion ensued. No formal vote was taken to conclude this item by the Council. Therefore this item remained as unfinished business and carried forward to the January 13, 2016 Council Regular meeting. Councilman Marino requested a summary of the substantive changes on the recodification, so that the public could have adequate notice of the changes prior to adoption. Mayor Constant assured this matter will be handled appropriately and will be made public at the conclusion of the project. Recodification and code is an ongoing monthly work; also noted the city attorney works for the city administration and the council. The administrative level of the Police Department will be working on this recodification as well. Mr. Mark Morgan, City Attorney stated this recodification project has been a long process and it is his job to make sure that the Council is satisfied and will do so. Consideration and adoption of Resolution(s): NONE Historic District Commission Appeals: 709 Lafayette Street - Jeanne Safley, Applicant Denial Certificate of appropriateness for 6 over 6 replacement windows. (District 1) Councilman Crosby stated he visited the site and noticed that most of the windows in the area were similar; the applicant should be able to change the windows as requested. Jeanne Safley, Applicant echoed on Councilman Crosby’s comments; informed she ordered 6 over 6 windows because all the rest of the neighborhood had the same, but did not understand the problem. Mr. Zack Dieterich, Chairman of the Historic District Commission stated that this property has high visibility (vacant lot); and the 6 over 6 windows historically would not be appropriate because it is a craftsman style house and there were also concerns by the board that 1) there was no documentation of the deterioration of the existing windows and 2) would be inappropriate size for the opening of the window and would have to be boxed in. Councilman Marino questioned if the applicant was changing the size/opening of the windows. Will they fit in the same opening? Miss Safley stated the replacement windows would be the same size. On motion by Councilman Crosby and seconded by Councilman Rau, IT WAS RESOLVED to approved the appeal by Miss Jeanne Safley, Applicant; and to grant approval for the 6 over 6 replacement windows, and the same was approved by the following vote: Yeas: Councilman Crosby, Rau, Marino, Miller and Berthelot Nays: None Absent: None There were no comments from the public. 962 11th Street - Eric Guillory, Applicant 29-1/2" reveal on skimming for new structure. (District 2) Mr. Eric Guillory, Owner explained in depth on the details of the plans when they were submitted to the Historic District Commission relative to the 29-1/2" reveal on skimming for the new structure. His contractor pointed out to the committee how the measurements of the plans were made and how they are derived. The plans were made to FEMA elevations. He was of the opinion that there was a lack of communication to inform the city inspector of what occurred at the Historic District Commission meeting. Had a meeting with the building official and city attorney to address this problem; had to to go before the Historic District Commission again. Page 16 of 19 December 9, 2015 Mr. Mark Morgan, City Attorney cautioned not responding to any comments alluded by Mr. Guillory that the city has damaged him, that could compromise any defense should he attempt to collect damages. Councilman Marino stated the reason why people want to build and sell homes in Gretna, is because of the value you get in the Historic District. Because we do have a Historic District Commission (HDC) and they take their time to review plans. When plans are submitted and homes are built different than the plans. They make requirements that you put measurements on because people will build the homes with changes and some home builders choose not to follow the plans. In conclusion, Councilman Marino stated that what was built was different from what was on the original plans. He reviewed it, and it does not look out of proportion, therefore he would move to approve his appeal. It was built shorter than what the plans called for. In looking at the house as it sits now, and looking at the dimensions, he believed it should be approved. Mayor Constant stated that the City Administration respect the job that the Historic District Commission does. They are architects sitting on the board. The concession has been made by the district councilman, who has moved for approval. On motion by Councilman Marino and seconded by Councilman Crosby, IT WAS RESOLVED to approved the appeal by Mr. Eric Guillory, Applicant and to grant approval of the 29-1/2" reveal on skimming for new structure, and the same was approved by the following vote: Yeas: Councilman Marino, Crosby, Rau, Miller and Berthelot Nays: None Absent: None There were no comments from the public. REPORTS: Police Department: None City Engineer (Burk-Kleinpeter, Inc.). Mr. William Bane, P. E. provided a monthly Project Status report dated December 9, 2015, said report uploaded to the Novus agenda as part of the Agenda packet and on file in the office of the City Clerk. Departmental Reports distribution: Monthly reports dated December 9, 2015 were distributed, to Mayor and Council Members; said reports are on file in the City Clerk’s Office from the following departments: Public Works Department, Building Department, Historic District Commission and Code Enforcement. Council District Reports: Councilman Crosby (District 1) Councilman Crosby commended the city employees who were responsible for the Christmas decoration in his district for a job well done. Councilman Marino (District 2) Councilman Marino commended the city employees and volunteers with the Tree Lighting Ceremony; it was a great event with the ROTC and the Gretna Fire Department. He and his daughter rode in the trolley for the first time which was awesome. It was a well done event and is one of the things that really make the city special. Councilman Marino stated there was a need to add some lighting at the Mel Ott Multipurpose Center. The negative comment received was that it was too bright. It should be considered as citywide project contributing to add some type of lighting system (spot light, directional and dim lights). He requested procuring cost to do that improvement. Mayor Constant informed she along with Mrs. Amie Hebert were aware of that concern. Prior to the concert they tried troubleshooting but had no choice but to leave the bright lights on. Have recommendations; it would be a matter of cost. Page 17 of 19 December 9, 2015 Councilman Marino recognized Mr. Zack Dieterich as the new selected chairman of the Historic District Commission for 2016. Councilman Miller (District 3) Councilman Miller informed of the 11-12 Boys Football Team who were runner ups at the Parish level and came in at 2nd Place. He informed that in a joint effort Councilman Berthelot and he have agreed to do some surfacing under the swings at Bellevue Park, which is has been completed. Councilman Berthelot (District 4) Councilman Crosby thanked the people with Post Back Stage, the Christmas Concert was outstanding. He also commended everyone involved with the Christmas decorations throughout the city, they look great. Councilman At Large Councilman Rau commended everyone involved who helped make the Tree Lighting a success and believed everyone had a good time. He informed that the Gretna Economic Development Association (GEDA) is sponsoring a contest for house decorating. GEDA will be selecting the best decorated house in each district on December 18 and 19. The best decorated house will receive an award from GEDA. Mayor Belinda C. Constant Mayor Constant informed the city officials were invited to see the new Marriott-Courtyard. The Marriot-Courtyard is open for business and it will be a tremendous asset to this city. She pointed out that the new Marriott-Courtyard Hotel is located in District 1, congratulations to Councilman Crosby. Mayor Constant announced that the Gretna Cultural Center for the Arts Theater will be opened on January 16, 2016, with a public event. Tickets will be available for purchase. Mayor Constant and Councilman Rau expressed and wished everyone a wonderful new year. Introduction of Ordinances: The following ordinances were read into the record. To be considered for adoption at the January 13, 2016 Council Regular meeting. A. An ordinance amending the Gretna Code of Ordinances, Section 102-84. - Single-family residential district, R-1., Paragraph (e) Area Regulations., Sub-paragraph (1) Yard., Paragraph c. Rear yard. Requested by: Administration Sponsor: Councilman Marino B. An ordinance amending the Gretna Code of Ordinances, Section 102-33. - Nonconforming uses paragraph (c) Alterations. There were no comments from the public. Citizen(s) Addressing the Mayor and City Council: Mrs. Mary Lou Eichhorn a Gretna resident addressed the Mayor and City Council with concerns relative to the proposed Monroe Street zoning change to Monroe Street Mixed Use Overlay District (MSMOD). She thanked and commended Councilman Marino on speaking about transparency and citizen involvement on the code revision. Mrs. Eichhorn stated her concerns relative to a “Zoning applied for” sign at Burmaster and Monroe Streets. She made inquiries and discovered that on August 2015, Ordinance No. 4678 mandating the Monroe Street Mix Use Overlay district was passed. She vehemently expressed opposition to the commercialization of a historically and overwhelmingly residential section of Monroe Street. Monroe Street has become more stable with resident home owners. Do not have safety issues we, would have with vacant businesses. She commended Chief Lawson for doing his job in keeping the area safe. The ordinance as written, in the creation of the overlay, furthers commercial intrusion of the neighborhood that is reversing the trend of becoming more commercial. Historically the neighborhood has been overwhelmingly residential. Mrs. Eichhorn was of the belief a “Pandora’s box,” was being opened, compromising the safety and integrity of the neighborhood and ultimately its marketability. Her neighbors and she had no knowledge whatsoever that this ordinance was passed; they receive no type of notification. Page 18 of 19 December 9, 2015 Hoped that as the city moves forward with revamping the zoning code, and planning a prosperous future for our community, that oversights like this not be allowed to continue and that residents would be a vital part of the decision making process. Would like for our R-1 status to be respected and would like for the city to carefully introduce a higher density of commercial development than currently exist on Monroe Street. The types of business permitted in Ordinance No. 4678, are overreaching and vague. It is wide open for misinterpretation and abuse and as a homeowner and resident, she asked the city to consider closing the loopholes. Make sure that what happens going forward in their neighborhood, does not compromise their quality of life and safety. Mayor Constant explained the zoning change has not been mandated to Monroe Street. It is a zoning option that was adopted, not a mapping of Monroe Street that was introduced, and it has to be advertised for 60-days to make sure it is a transparent process. There are plans to have a neighborhood meeting. This ordinance is not up for adoption until February 10, 2016 based on 60 calendar days or maybe March 2016. Residents will get proper notification via a certified letter, if this should be applied to Monroe Street. Mr. Mark Morgan, City Attorney rebutted on the allegations made on the issue of the notice provision. This is a two-step process; the first step is to designate a new zoning classification. That zoning classification was advertised in accordance with the law. It was advertised in the newspaper as part of this agenda. Before that zoning classification is applied to any person, there is an additional step, which requires the 60-day notice, and a certified letter to go out, which has not been sent yet. The city has done its job in promoting its intentions. The city has met every requirement under the law and the process itself has made that it would be 90-days before it affects anybody. It is not the Council’s fault if the neighbors were not aware. Mrs. Eichhorn stated her concerns were as a homeowner, and it was not her intention to say that anyone was trying to deceive the residents. She objects vehemently to the zoning overlay on Monroe Street. She informed when she inquired on the zoning signs, the preamble/title of the ordinance was read to her; it had specific geographic boundaries. Mayor Constant explained the ordinance has only been introduced; it has to go before the public and the city wants the public’s input. This ordinance was brought up by the council in an effort to preserve the residential integrity; not further the commercial effort. Everyone will have the opportunity to publicly address their concerns. The letters are addressed and will be mailed out via certified mail to make sure that everybody within 100-feet of the zoning area will have an opportunity to voice their concerns. If the ordinance needs to be amended, it will be amended before adoption. Councilman Marino thanked Mrs. Eichhorn for serving on the Historic District Commission. Other Matters: None There was no further business by the city to be conducted. The Gretna City Council will meet on Wednesday, January 13, 2016 in Regular Session. On motion by Councilman Rau and seconded by Councilman Crosby, IT WAS RESOLVED to adjourn the Mayor and City Council Regular Meeting for December 9, 2015 at 7:05 p.m., and the same was unanimously approved. Respectfully submitted: /S/ NORMA J. CRUZ CITY CLERK CITY OF GRETNA STATE OF LOUISIANA /S/ BELINDA C. CONSTANT MAYOR CITY OF GRETNA STATE OF LOUISIANA A TRUE COPY: /S/ NORMA J. CRUZ CITY CLERK CITY OF GRETNA STATE OF LOUISIANA Page 19 of 19