Please Turn All Cell Phones and Beepers Either Off Or on Vibrate in The s1

PLEASE TURN ALL CELL PHONES AND BEEPERS EITHER OFF OR ON VIBRATE IN THE

COUNCIL CHAMBER DURING COUNCIL PROCEEDINGS.

CONSENT AGENDA

REPORT

RECEIVED. OF THE EXECUTIVE DIRECTOR OF THE CITY PLANNING COMMISSION – Transmitting Zoning Docket Numbers 40/06 and 41/06 to set hearing dates thereon:

ZONING DOCKET HEARING DATE NUMBER COUNCILMEMBER COUNCIL DEADLINE SET FOR 40/06 HEAD 12/5/06 10/5/06 41/06 HEAD 10/20/06 10/5/06

RESOLUTIONS

ENTERGY NEW ORLEANS. NO. R-06-401 – BY: COUNCILMEMBERS Utility, Cable and THOMAS, HEDGE-MORRELL, MIDURA AND CARTER Telecommunications - RESOLUTION AND ORDER WITH RESPECT TO Committee recommended ENTERGY NEW ORLEANS’ DESIGN-DAY PEAK approval. DEMAND GAS FORECAST. ADOPTED.

2 ENTERGY NEW ORLEANS. NO. R-06-402 – BY: COUNCILMEMBERS Utility, Cable and THOMAS, HEDGE-MORRELL, MIDURA AND CARTER Telecommunications - RESOLUTION INITIATING A PUBLIC COMMENT Committee recommended PERIOD TO CONSIDER THE ESTABLISHMENT OF approval. NET ENERGY METERING RULES. ADOPTED.

MOTION TO ADOPT CONSENT CALENDAR AND REFER OTHER MATTERS TO THE PROPER AGENCY. YEAS: Carter, Fielkow, Hedge-Morrell, Midura, Thomas, Willard-Lewis - 6 NAYS: 0 ABSENT: Head (Temporarily Out of Chamber) - 1 AND THE CONSENT CALENDAR WAS ADOPTED.

3 FIRST ORDERS OF BUSINESS

PRESENTATION

COUNCILMEMBER FIELKOW. CITIZENS FOR 1 GREATER NEW ORLEANS - WITHDRAWN. Discussing Constitutional Amendments (At applicant’s request.) regarding consolidation of offices.

CN. HEDGE-MORRELL. SERVICE EMPLOYEES INTERNATIONAL UNION – Addressing the City Council in APPEARED. support of Motion No. M-06-367 which directs the Civil Service Commission and the Chief Administrative Office to review the feasibility of a wage increase for all city employees and review competitive wages compared to southern averages, as well as the vital public services that the city workers provide in direct relations to rebuilding a quality city.

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4 SECOND ORDER OF BUSINESS

PRESENTATION

COUNCILMEMBER THOMAS. HOUSING SOLUTIONS SUMMIT

APPEARED. ______

THIRD ORDER OF BUSINESS

PRESENTATION

COUNCILMEMBER THOMAS. DESIGN & ARCHITECTURE DEPARTMENT FROM UNIVERSITY OF KENTUCKY APPEARED.

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5 REGULAR AGENDA

ALL LAND USE MATTERS ARE SCHEDULED TO COMMENCE AT 11:30 A.M. OR THEREAFTER

HDLC APPEAL

COUNCILMEMBER HEAD. OF EDWIN JACKSON – Requesting to HDLC recommended denial. appeal the decision of denial of the Historic District Landmarks Commission CONTINUED TO THE for retention of alterations to the MEETING OF 10/5/06. roofline made without a Certificate of Appropriateness for property located at 939 Sixth Street.

HCDRC APPEAL

COUNCILMEMBER MIDURA. OF G. PAUL DORSEY, III, MANAGER HCDRC recommended denial. UPTOWN RETAIL CENTER, L.L.C., - Requesting to appeal the decision of CONTINUED TO THE denial of the Housing Conservation MEETING OF 10/19/06. District Review Committee (HCDRC) for (At applicant’s request.) demolition of property located at 8201 Earhart Boulevard.

6 CBDHDLC APPEALS

COUNCILMEMBER CARTER. OF STEPHEN I. DWYER, DWYER AND CBDHDLC recommended CAMBRE, COUNSEL FOR CARBONE PROPERTIES OF denial. AUDUBON, LLC (“CARBONE”) – Requesting to appeal the decision of denial of the CONTINUED TO THE Central Business District Historic MEETING OF 10/5/06. District Landmarks Commission (CBDHDLC) for construction of two additional floors and a rooftop penthouse for property located at 931 Canal Street.

COUNCILMEMBER HEAD. OF THOMAS J. BAUER, BAUER AND CBDHDLC recommended COMPANY, INC. – Requesting to appeal the denial. decision of denial of the Central Business District Historic District CONTINUED TO THE Landmarks Commission for demolition of MEETING OF 10/5/06. property and construction of a multi- story condominium tower for property located at 611-15, 619 and 625-47 S. Peters Street.

LAKEVIEW INTERIM ZONING APPEAL

COUNCILMEMBER MIDURA. OF W. L. ARGUS, JR., ARGUS Report needed from ARCHITECTURE AND ENGINEERING – Requesting CPC. a Variance of the Lakeview Interim Zoning Applicant sent in District (IZD) Ordinance No. 21,975 additional information. M.C.S. for a setback to build a new house CONTINUED TO THE for property located at 6561 Catina MEETING OF 10/5/06. Street.

7 LEGISLATIVE GROUPING

LAKEVIEW INTERIM ZONING APPEAL

COUNCILMEMBER MIDURA. OF CALLENDER R. HERMAN – Requesting HEARING HELD. MOTION to appeal the Lakeview Interim Zoning ADOPTED TO UPHOLD THE District Ordinance No. 21,975 M.C.S. to FAVORABLE RECOMMENDATION build a garage 10’ from the side street OF THE CPC. APPEAL GRANTED, property line, for property located at SUBJECT TO TWO (2) WAIVERS. 7038 Catina Street. SEE MOTION NO. M-06-408.

REPORT

Report received at OF THE EXECUTIVE DIRECTOR OF THE CITY the meeting of 9/7/06. PLANNING COMMISSION – Recommending approval of the appeal of the Interim Zoning District (IZD) Ordinance No. 21,975 M.C.S., for RD-2 Two-Family Residential District zoned parcels in the Lakeview area of Council District “A”, to permit a single-family residence with, (1) insufficient front yard setback; and (2) insufficient side yard setback for an accessory structure in the rear yard of a corner lot, for property located on Lot A, on Square 55, in the Second Municipal District (Municipal Address: 7038 Catina Street), subject to two (2) waivers. (DR NO. 43/06)

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8 LEGISLATIVE GROUPING

MORATORIUM APPEAL

COUNCILMEMBER HEAD. OF MARK GRAFFAGNINI, TREE MEDICS HEARING HELD. MOTION INC. – Requesting to appeal the ADOPTED TO UPHOLD THE moratorium in place to permit the UNFAVORABLE RECOMMENDATION operation of an incinerator on property OF CPC. APPEAL DENIED. located at 3518 Broadway Street. SEE MOTION NO. M-06-427.

REPORT

Report received at OF THE EXECUTIVE DIRECTOR OF THE CITY the meeting of 8/3/06. PLANNING COMMISSION – Recommending denial of the appeal of Moratorium Ordinance No. 22,103 M.C.S. prohibiting the issuance of permits for the burning of debris within Orleans Parish, to permit the operation of a wood waste incinerator to be located on Square 5, in the Sixth Municipal District, bounded by Broadway, Edinburgh, Pine and Palm (Calliope) Streets (Municipal Address: 3518 Broadway Street). (DR NO. 32/06)

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NON-CONFORMING USE APPEAL

COUNCILMEMBER CARTER. OF TIEN NGUYEN – Requesting a non- Report needed from conforming use from a gift and leather CPC. shop to a nail salon for property located CONTINUED TO THE at 315 Decatur Street. MEETING OF 10/5/06.

9 ZONING PETITIONS

COUNCILMEMBER HEAD. ZONING DOCKET NO. 33/06 – SAXON CN. DEADLINE 10/17/06. ANTIQUES LLC – Requesting an Amendment to Ordinance No. 22,170 M.C.S. (Z.D. 69/05), CONTINUED TO THE a Conditional Use to permit a retail MEETING OF 10/5/06. culinary and catering business and a standard restaurant with consumption of alcoholic beverages with meals in a B-2 Neighborhood Business District, on Square 233, Lot 19, in the Sixth Municipal District, bounded by Magazine, Jena, Camp and Cadiz Streets (Municipal Address: 4519 Magazine Street). The recommendation of the City Planning Commission being “FOR APPROVAL”, subject to two (2) waivers and fourteen (14) provisos.

COUNCILMEMBER CARTER. ZONING DOCKET NO. 34/06 – BASIN CN. DEADLINE 10/17/06. STREET NO. 2 LIMITED PARTNERSHIP – Requesting a Map Change from an LI Light CONTINUED TO THE Industrial District to a C-2 General MEETING OF 10/5/06. Commercial District on Squares 119-A, 162-A, 183-A and 184, Lots NOTC-1 thru 3, CNO-1 and all Lots on Square 184, in the Second Municipal District, bounded by N. Claiborne and Lafitte Avenues, Crozat, St. Louis, N. Villere and N. Robertson Streets (Municipal Addresses: Multiple). The recommendation of the City Planning Commission being “FOR MODIFIED APPROVAL” to permit a map change from an LI Light Industrial District to a C-1 General Commercial District for Square 183-A and part Square 162-A and to a C-1A General Commercial District for Square 119-A and part Square 162-A, and to deny the request for a map change for Square 184.

10 COUNCILMEMBER HEAD. ZONING DOCKET NO. 36/06 – RUPPERT CN. DEADLINE 10/31/06. KOHLMAIER – Requesting a Conditional Use to permit the sale of alcoholic beverages CONTINUED TO THE for consumption on premises with meals in MEETING OF 10/5/06. a standard restaurant in a B-1A Neighborhood Business District on Square 125, Lots C, D and E, in the Fourth Municipal District, bounded by Magazine, Constance, Eighth and Ninth Streets (Municipal Address: 3128 Magazine Street). The recommendation of the City Planning Commission being “FOR DENIAL”.

COUNCILMEMBER HEAD. ZONING DOCKET NO. 38/06 – OLD HOUSE CN. DEADLINE 11/14/06. INVESTMENTS LLC – Requesting a HEARING HELD. MOTION Conditional Use to permit a retail store ADOPTED TO UPHOLD THE occupying less than 5,000 square feet FAVORABLE RECOMMENDATION (Martin Wine Cellar) with the sale of OF CPC. PETITION GRANTED, alcoholic beverages for consumption off- SUBJECT TO TEN (10) premises in a B-1A Neighborhood Business PROVISOS. District on Squares 213, Lot A, in the SEE MOTION NO. M-06-428. Sixth Municipal District, bounded by Magazine, Aline, Constance and Foucher Streets (Municipal Address: 3500 Magazine Street). The recommendation of the City Planning Commission being “FOR APPROVAL”, subject to ten (10) provisos.

11 ORDINANCES ON FINAL PASSAGE

BUDGET OF REVENUES. CAL. NO. 26,130 - BY: COUNCILMEMBERS DEPARTMENT OF HEALTH. HEDGE-MORRELL, FIELKOW, HEAD AND THOMAS Fiscal note received. (BY REQUEST) - An Ordinance to amend Ordinance No. 22,091 M.C.S., as amended, CONTINUED TO THE entitled "An Ordinance Providing an MEETING OF 10/5/06. Operating Budget of Revenues for the City of New Orleans for the Year 2006,” to appropriate funds from Intergovernmental transfers to the Department of Health, Head-Of Environmental Asthma in Louisiana (HEAL Project).

BUDGET OF EXPENDITURES. CAL. NO. 26,131 - BY: COUNCILMEMBERS DEPARTMENT OF HEALTH. HEDGE-MORRELL, FIELKOW, HEAD AND THOMAS Fiscal note received. (BY REQUEST) - An Ordinance to amend Budget Committee Ordinance No. 22,092 M.C.S., as amended, recommended approval entitled "An Ordinance Providing an with amendments. Operating Budget of Expenditures for the City of New Orleans for the Year 2006,” CONTINUED TO THE to appropriate funds from MEETING OF 10/5/06. Intergovernmental transfers to the Department of Health, Head-Of Environmental Asthma in Louisiana (HEAL Project).

ZONING ORDINANCE. CAL. NO. 26,203 - BY: COUNCILMEMBER MOTION VOTE: 6-0-1. HEAD - An Ordinance to provide for the ABSENT: Cn. Hedge-Morrell. establishment of a Conditional Use to permit a non-accessory parking garage for ADOPTED. a multi-unit (133 units) condominium ORD. NO. 22384 M.C.S. development with an increase in the number of off-street parking spaces, with waivers for floor area ratio (FAR), open space, and setbacks in a CBD-9 Central Business District, on Lots L-1, L-1-A, and L-2, on Square 70-A, in the First Municipal District, bounded by Annunciation, Tchoupitoulas, Gaiennie, and John Churchill Chase Streets (Municipal Address: 1100 Annunciation Street); and otherwise to provide with respect thereto. (ZONING DOCKET NO. 27/06)

12 AMENDING THE CODE. CAL. NO. 26,207 – BY: COUNCILMEMBER Referred to the HEAD – An Ordinance to amend and reordain Budget Committee. the Section 62-95 of the Code of the City of New Orleans, and to increase the fees CONTINUED TO THE for emergency medical services; and MEETING OF 10/5/06. otherwise to provide with respect thereto.

HOME RULE CHARTER. CAL. NO. 26,213 - BY: COUNCILMEMBER PAY PLAN. HEDGE-MORRELL (BY REQUEST) - An Ordinance Referred to the to amend and ordain the pay plan for Budget Committee. officers and employees in the unclassified service of the city of New CONTINUED TO THE Orleans in accordance with sections 3-118 MEETING OF 10/5/06. and 4-206 (g) of the Home Rule Charter of the City of New Orleans to establish a hiring rate for the position of morgue chauffeur (U-0087); and otherwise to provide with respect thereto.

BUDGET OF EXPENDITURES. CAL. NO. 26,214 - BY: COUNCILMEMBERS DEPARTMENT OF POLICE. HEDGE-MORRELL, FIELKOW, HEAD AND THOMAS Fiscal note received. (BY REQUEST) - An Ordinance to amend Referred to the Ordinance No. 22,092 M.C.S., as amended Budget Committee. entitled "An Ordinance Providing an Operating Budget of Expenditures for the CONTINUED TO THE City of New Orleans for the Year 2006" to MEETING OF 10/5/06. transfer funds within the Department of Police, Strap in Grant, for the “100 Days of Summer Heat” (speed enforcement) project.

13 BUDGET OF REVENUES. CAL. NO. 26,215 - BY: COUNCILMEMBERS DEPARTMENT OF POLICE. HEDGE-MORRELL, FIELKOW, HEAD AND THOMAS Fiscal note received. (BY REQUEST) - An Ordinance to amend Referred to the Ordinance No. 22,091 M.C.S., as amended Budget Committee. entitled "An Ordinance Providing an Operating Budget of Revenues for the City CONTINUED TO THE of New Orleans for the Year 2006" to MEETING OF 10/5/06. appropriate funds from Intergovernmental Transfers to the Department of Police, Homicide Cold Case Squad, Domestic Violence grant.

BUDGET OF EXPENDITURES. CAL. NO. 26,216 - BY: COUNCILMEMBERS DEPARTMENT OF POLICE. HEDGE-MORRELL, FIELKOW, HEAD AND THOMAS Fiscal note received. (BY REQUEST) - An Ordinance to amend Referred to the Ordinance No. 22,092 M.C.S., as amended Budget Committee. entitled "An Ordinance Providing an Operating Budget of Expenditures for the CONTINUED TO THE City of New Orleans for the Year 2006" to MEETING OF 10/5/06. appropriate funds to the Department of Police, Homicide Cold Case Squad, Domestic Violence grant.

BUDGET OF REVENUES. CAL. NO. 26,217 - BY: COUNCILMEMBERS DEPARTMENT OF POLICE. HEDGE-MORRELL, FIELKOW, HEAD AND THOMAS Fiscal note received. (BY REQUEST) - An Ordinance to amend Referred to the Ordinance No. 22,091 M.C.S., as amended Budget Committee. entitled "An Ordinance Providing an Operating Budget of Revenues for the City CONTINUED TO THE of New Orleans for the Year 2006" to MEETING OF 10/5/06. appropriate funds from Intergovernmental Transfers to the Department of Police, Special Grants 2.

14 BUDGET OF EXPENDITURES. CAL. NO. 26,218 - BY: COUNCILMEMBERS DEPARTMENT OF POLICE. HEDGE-MORRELL, FIELKOW, HEAD AND THOMAS Fiscal note received. (BY REQUEST) - An Ordinance to amend Referred to the Ordinance No. 22,092 M.C.S., as amended Budget Committee. entitled "An Ordinance Providing an Operating Budget of Expenditures for the CONTINUED TO THE City of New Orleans for the Year 2006" to MEETING OF 10/5/06. appropriate funds to the Department of Police, Special Grants 2.

BUDGET OF REVENUES. CAL. NO. 26,219 - BY: COUNCILMEMBERS DEPARTMENT OF POLICE. HEDGE-MORRELL, FIELKOW, HEAD AND THOMAS Fiscal note received. (BY REQUEST) - An Ordinance to amend Ordinance No. 22,091 M.C.S., as amended ADOPTED. entitled "An Ordinance Providing an ORD. NO. 22385 M.C.S. Operating Budget of Revenues for the City of New Orleans for the Year 2006" to appropriate funds from Intergovernmental Transfers, Fund Balance, to the Police Department.

BUDGET OF EXPENDITURES. CAL. NO. 26,220 - BY: COUNCILMEMBERS DEPARTMENT OF POLICE. HEDGE-MORRELL, FIELKOW, HEAD AND THOMAS Fiscal note received. (BY REQUEST) - An Ordinance to amend Ordinance No. 22,092 M.C.S., as amended ADOPTED. entitled "An Ordinance Providing an ORD. NO. 22386 M.C.S. Operating Budget of Expenditures for the City of New Orleans for the Year 2006" to appropriate funds from fund balance to the Police Department.

15 BUDGET OF REVENUES. CAL. NO. 26,221 - BY: COUNCILMEMBERS INTERGOVERNMENTAL REVENUES. HEDGE-MORRELL, FIELKOW, HEAD AND THOMAS Fiscal note received. (BY REQUEST) - An Ordinance to amend Referred to the Ordinance No. 22,091 M.C.S., as amended Budget Committee. entitled "An Ordinance Providing an Operating Budget of Revenues for the City CONTINUED TO THE of New Orleans for the Year 2006," to MEETING OF 10/5/06. appropriate an additional $100,000,000 for Intergovernmental Revenues.

BUDGET OF EXPENDITURES. CAL. NO. 26,222 - BY: COUNCILMEMBERS INTERGOVERNMENTAL HEDGE-MORRELL, FIELKOW, HEAD AND THOMAS EXPENDITURES. (BY REQUEST) - An Ordinance to amend Fiscal note received. Ordinance No. 22,092 M.C.S., as amended Referred to the entitled "An Ordinance Providing an Budget Committee. Operating Budget of Expenditures for the City of New Orleans for the Year 2006" to CONTINUED TO THE appropriate an additional $100,000,000 MEETING OF 10/5/06. for Intergovernmental Expenditures.

BUDGET OF REVENUES. CAL. NO. 26,223 - BY: COUNCILMEMBERS DEPARTMENT OF HEALTH. HEDGE-MORRELL, FIELKOW, HEAD AND THOMAS Fiscal note received. (BY REQUEST) - An Ordinance to amend Referred to the Ordinance No. 22,091 M.C.S., as amended Budget Committee. entitled "An Ordinance Providing an Operating Budget of Revenues for the City CONTINUED TO THE of New Orleans for the Year 2006" to MEETING OF 10/5/06. appropriate State Grant Funds from Intergovernmental Transfers to the Department of Health, Women, Infant & Children (WIC) Program.

16 BUDGET OF EXPENDITURES. CAL. NO. 26,224 - BY: COUNCILMEMBERS DEPARTMENT OF HEALTH. HEDGE-MORRELL, FIELKOW, HEAD AND THOMAS Fiscal note received. (BY REQUEST) - An Ordinance to amend Referred to the Ordinance No. 22,092 M.C.S., as amended Budget Committee. entitled "An Ordinance Providing an Operating Budget of Expenditures for the CONTINUED TO THE City of New Orleans for the Year 2006" to MEETING OF 10/5/06. appropriate State Grant Funds from Intergovernmental Transfers to the Department of Health, Women, Infant & Children (WIC) Program.

BUDGET OF REVENUES. CAL. NO. 26,225 - BY: COUNCILMEMBERS DEPARTMENT OF HEALTH. HEDGE-MORRELL, FIELKOW, HEAD AND THOMAS Fiscal note received. (BY REQUEST) - An Ordinance to amend Referred to the Ordinance No. 22,091 M.C.S., as amended Budget Committee. entitled "An Ordinance Providing an Operating Budget of Revenues for the City CONTINUED TO THE of New Orleans for the Year 2006" to MEETING OF 10/5/06. appropriate State Grant Funds from Intergovernmental Transfers to the Department of Health, Family Planning Program.

BUDGET OF EXPENDITURES. CAL. NO. 26,226 - BY: COUNCILMEMBERS DEPARTMENT OF HEALTH. HEDGE-MORRELL, FIELKOW, HEAD AND THOMAS Fiscal note received. (BY REQUEST) - An Ordinance to amend Referred to the Ordinance No. 22,092 M.C.S., as amended Budget Committee. entitled "An Ordinance Providing an Operating Budget of Expenditures for the CONTINUED TO THE City of New Orleans for the Year 2006" to MEETING OF 10/5/06. appropriate State Grant Funds from Intergovernmental Transfers to the Department of Health, Family Planning Program.

17 BUDGET OF REVENUES. CAL. NO. 26,227 - BY: COUNCILMEMBERS DEPARTMENT OF HEALTH. HEDGE-MORRELL, FIELKOW, HEAD AND THOMAS Fiscal note received. (BY REQUEST) - An Ordinance to amend Referred to the Ordinance No. 22,091 M.C.S., as amended Budget Committee. entitled "An Ordinance Providing an Operating Budget of Revenues for the City CONTINUED TO THE of New Orleans for the Year 2006" to MEETING OF 10/5/06. appropriate State Grant Funds from Intergovernmental Transfers to the Department of Health, McDonogh 35 School Based Program.

BUDGET OF EXPENDITURES. CAL. NO. 26,228 - BY: COUNCILMEMBERS DEPARTMENT OF HEALTH. HEDGE-MORRELL, FIELKOW, HEAD AND THOMAS Fiscal note received. (BY REQUEST) - An Ordinance to amend Referred to the Ordinance No. 22,092 M.C.S., as amended Budget Committee. entitled "An Ordinance Providing an Operating Budget of Expenditures for the CONTINUED TO THE City of New Orleans for the Year 2006" to MEETING OF 10/5/06. appropriate State Grant Funds from Intergovernmental Transfers to the Department of Health, McDonogh 35 School Based Program.

BUDGET OF REVENUES. CAL. NO. 26,229 - BY: COUNCILMEMBERS DEPARTMENT OF HEALTH. HEDGE-MORRELL, FIELKOW, HEAD AND THOMAS Fiscal note received. (BY REQUEST) - An Ordinance to amend Referred to the Ordinance No. 22,091 M.C.S., as amended Budget Committee. entitled "An Ordinance Providing an Operating Budget of Revenues for the City CONTINUED TO THE of New Orleans for the Year 2006" to MEETING OF 10/5/06. appropriate State Grant Funds from Intergovernmental Transfers to the Department of Health, O. Perry Walker School Based Program.

18 BUDGET OF EXPENDITURES. CAL. NO. 26,230 - BY: COUNCILMEMBERS DEPARTMENT OF HEALTH. HEDGE-MORRELL, FIELKOW, HEAD AND THOMAS Fiscal note received. (BY REQUEST) - An Ordinance to amend Referred to the Ordinance No. 22,092 M.C.S., as amended Budget Committee. entitled "An Ordinance Providing an Operating Budget of Expenditures for the

CONTINUED TO THE City of New Orleans for the Year 2006" to MEETING OF 10/5/06. appropriate State Grant Funds from Intergovernmental Transfers to the Department of Health, O. Perry Walker School Based Program.

BUDGET OF REVENUES. CAL. NO. 26,231 - BY: COUNCILMEMBERS DEPARTMENT OF HEALTH. HEDGE-MORRELL, FIELKOW, HEAD AND THOMAS Fiscal note received. (BY REQUEST) - An Ordinance to amend Referred to the Ordinance No. 22,091 M.C.S., as amended Budget Committee. entitled "An Ordinance Providing an Operating Budget of Revenues for the City CONTINUED TO THE of New Orleans for the Year 2006" to MEETING OF 10/5/06. appropriate State Grant Funds from Intergovernmental Transfers to the Department of Health, Lead Poison Prevention Program.

BUDGET OF EXPENDITURES. CAL. NO. 26,232 - BY: COUNCILMEMBERS DEPARTMENT OF HEALTH. HEDGE-MORRELL, FIELKOW, HEAD AND THOMAS Fiscal note received. (BY REQUEST) - An Ordinance to amend Referred to the Ordinance No. 22,092 M.C.S., as amended Budget Committee. entitled "An Ordinance Providing an Operating Budget of Expenditures for the CONTINUED TO THE City of New Orleans for the Year 2006" to MEETING OF 10/5/06. appropriate State Grant Funds from Intergovernmental Transfers to the Department of Health, Lead Poison Prevention Program.

19 UNFINISHED BUSINESS

NEW BUSINESS

MOTIONS/RESOLUTIONS (LYING OVER)

AMENDING CITY COUNCIL SUBSTITUTE NO. M-06-384 – BY: RULES. COUNCILMEMBER FIELKOW – In accordance with Section 3-107 (3) of the Home Rule ADOPTED. Charter of the City of New Orleans amending Regulations 3 and 4 of the Rules and Regulations of the City Council relative to Communications on Other Matters and Time Limits for Speakers to read as follows:

COMMUNICATIONS ON OTHER MATTERS

20 REGULATION 3. Any communication submitted to the Clerk of Council that does not pertain to a matter which the Council will decide during the meeting at which the communication is requested, shall be referred by the Clerk, after consultation with the Council Chief of Staff, to an appropriate agency, entity, or committee for consideration. In each case, the Clerk shall advise in writing the party submitting the communication of the disposition of his/her request. In the event the rules are suspended and/or the presiding officer otherwise allows a citizen to speak on issues unrelated to matters coming before the Council for the decision during that meeting, such opportunity to speak shall be limited to the “Communications” portion of the Council Agenda, shall be limited to a maximum of three minutes, and shall be limited to one speaker. Speakers on the speaker’s communication shall not be allowed.

“TIME LIMIT FOR SPEAKERS

REGULATION 4. On any matter that is up for a vote or consideration either before the full Council or a committee thereof, no more than three people on each side of the question shall be heard and each speaker shall be limited to five minutes. If the matter is not one upon which the Council or Committee will decide, but is related to a presentation made to the Council or Committee, no more than three people shall be heard and each speaker shall be limited to five minutes. Notwithstanding this rule, the number of speakers and time allotted may be extended by a majority vote of the Councilmembers present.

21 BRAC SALARIES. NO. M-06-386 – BY: COUNCILMEMBER HEDGE-MORRELL (BY REQUEST) – Establishing ADOPTED, AS AMENDED. salaries for individuals who have been appointed to or will be appointed to the following positions at the pay grades and steps indicated, exclusive of longevity, effective on the date the individual is appointed to the position.

Position Title Working Title Grade/Step Salary Urban Policy Specialist V BRAC Director 66/85 100,030 BRAC Administrative Urban Policy Specialist III Assistant 57/13 32,702

MOTIONS/RESOLUTIONS

UNITED WAY’S WOMEN’S NO. R-06-400 – BY: COUNCILMEMBER LEADERSHIP INITIATIVE FIELKOW – Expressing appreciation to AND SUCCESS BY SIX. those organizations for their strong advocacy on behalf of our most valued and ADOPTED. vulnerable population – our children, and fully supporting for the inclusion of childcare center for eligibility under CDBG small business grant awards.

NATIONAL LEAGUE OF CITIES’ NO. R-06-403 – BY: COUNCILMEMBERS PARTNERSHIP FOR WORKING MIDURA AND CARTER – Reaffirming the TOWARD INCLUSIVE COMMUNITIES. Council’s commitment to inclusion, as a fundamental aspect of our community and ADOPTED. the National League of Cities’ Partnership for Working Toward Inclusive Communities as part of its commitment to building more inclusive communities in cities and towns, pledging active efforts to seek to achieve that goal, and urging all citizens to join together to support this effort.

22 CAMPAIGN CONTRIBUTIONS. NO. R-06-404 - BY: COUNCILMEMBERS THOMAS, CARTER, HEAD, HEDGE-MORRELL, ADOPTED, AS AMENDED. MIDURA AND WILLARD-LEWIS - Respectfully requesting that the Louisiana Legislature consider legislation to prohibit political campaign contributions to elected officials or candidates for elective office by those holding professional services contracts with the state or local government, and requesting the City Attorney to give its legal advice, within thirty days, as to the City prospectively including, in all of its professional services contracts, a prohibition on political campaign contributions to state or local officials or candidates for Louisiana state or local offices.

TAX INCREMENT NO. R-06-405 – BY: COUNCILMEMBER FINANCING (TIF). FIELKOW, CARTER, HEAD, HEDGE-MORRELL, MIDURA, THOMAS AND WILLARD-LEWIS – ADOPTED. Requesting that the Administration work with the City Council Special Development Projects and Economic Development Committee in the development of a comprehensive and articulated policy for the use of Tax Increment Financing, which can be reviewed by the full Council.

INDIVIDUAL DEVELOPMENT NO. R-06-406 – BY: COUNCILMEMBERS ACCOUNTS (IDAs). FIELKOW, CARTER, HEAD, HEDGE-MORRELL, MIDURA, THOMAS AND WILLARD-LEWIS – Urging ADOPTED. the Administration to continue to support the request for IDA funding from the Louisiana Recovery Authority.

23 LOUISIANA ROAD HOME NO. R-06-407 – BY: COUNCILMEMBER PROGRAM. MIDURA – Requesting that any and all fees associated with the replacement and or ADOPTED. duplication of documents required for filing an application for participation in the Louisiana Road Home Program be waived by the appropriate public agencies.

REAPPOINTMENT. NO. M-06-409 - BY: COUNCILMEMBER THOMAS (BY REQUEST) – Ratifying, ADOPTED. confirming and approving the reappointment of David White as a member of the New Orleans Aviation Board, for a term which will expire June 30, 2011.

APPOINTMENT. NO. M-06-410 – BY: COUNCILMEMBER MIDURA (BY REQUEST) – Ratifying, ADOPTED. confirming and approving the appointment of Scott S. Cowen, (to a newly created at large position), Nominee of Representative Juan LaFonta, as a member of the New Orleans Redevelopment Authority for a term that will expire June 30, 2011.

APPOINTMENT. NO. M-06-411 – BY: COUNCILMEMBER HEAD (BY REQUEST) – Ratifying, confirming and ADOPTED. approving the appointment of James M. Singleton, (vice, vacant formerly Roers), nominee of Senator Diana Bajoie, as a member of the New Orleans Redevelopment Authority, for a term that will expire November 11, 2009.

24 APPOINTMENT. NO. M-06-412 – BY: COUNCILMEMBERS FIELKOW AND THOMAS – In accordance with ADOPTED. the original provisos contained in Ordinance 22,053 M.C.S. and further defined as Zoning Docket 33/05 establishing procedures and duties for committee members, appointing Ryan Dewayne Warner, nominee of the Council at Large to the Fair Grounds Citizens Advisory Committee for a term to expire on June 30, 2010.

APPOINTMENT. NO. M-06-413 – BY: COUNCILMEMBER HEAD - Ratifying, confirming and approving the ADOPTED. Council’s appointment of Nyka M. Scott (vice David Halpern), as a member of the Alcohol Beverage Control Board, for a term which will expire on June 30, 2010.

APPOINTMENT. NO. M-06-414 – BY: COUNCILMEMBER HEAD – Ratifying, confirming and approving the ADOPTED. appointment of Raley Alford, III, to the Industrial Development Board to fill the expired term of Eddie Oliver, Jr. which expired on January 21, 2004 for a term to expire on January 1, 2011.

APPOINTMENT. NO. M-06-415 – BY: COUNCILMEMBER HEAD (BY REQUEST) – Ratifying, confirming and ADOPTED. approving the appointment of Holly Way, (vice Paul Buckley), as a member of the New Orleans Tourism Marketing Corporation, representing the New Orleans Metropolitan Convention & Visitors Bureau, for a term that will expire December 31, 2006.

25 APPOINTMENT. NO. M-06-416 – BY: COUNCILMEMBER MIDURA – Appointing David P. Bendana ADOPTED. (vice James Bryan Wagner) to the Alcohol Beverage Control Board for a term to expire on June 30, 2010.

APPOINTMENT. NO. M-06-417 – BY: COUNCILMEMBER MIDURA (BY REQUEST) – Ratifying, ADOPTED. confirming and approving the appointment of Walter J. Baer, (vice Sharon White Gruber), as a member of the Human Relations Advisory Committee, for a term that will expire June 30, 2007.

APPOINTMENT. NO. M-06-418 – BY: COUNCILMEMBER MIDURA – Ratifying, confirming and ADOPTED. approving the appointment of Francis King, (vice Rev. Norwood Thompson), as a member of the Human Relations Advisory Committee, for a term that will expire June 30, 2007.

APPOINTMENT. NO. M-06-419 – BY: COUNCILMEMBER HEDGE-MORELL (BY REQUEST) – Ratifying, ADOPTED. confirming and approving the appointment of Dr. Margaret Montgomery-Richard, (vice Marlise L. McCammon), Nominee of Associate College Presidents, as a member of the Human Relations Advisory Committee, for a term that will expire June 30, 2007.

26 REAPPOINTMENT. NO. M-06-420 – BY: COUNCILMEMBER THOMAS (BY REQUEST) – Ratifying, ADOPTED. confirming and approving the reappointment of David Campbell (resigned ran for elected office), nominee of the City of Kenner as a member of the New Orleans Aviation Board, for a term which will expire June 30, 2007.

APPOINTMENT. NO. M-06-421 – BY: COUNCILMEMBER MIDURA (BY REQUEST) – Ratifying, ADOPTED. confirming and approving the appointment of Robert E. Couhig, Jr. (to a newly created position), Nominee of Senator Julie Quinn, as a member of the New Orleans Redevelopment Authority, for a term that will expire June 30, 2010.

APPOINTMENT. NO. M-06-422 – BY: COUNCILMEMBER MIDURA (BY REQUEST) – Ratifying, ADOPTED. confirming and approving the appointment of Maurice “Mel” Legarde, III, (to a newly created at large position), Nominee of Representative Steve Scalise, as a member of the New Orleans Redevelopment Authority, for a term that will expire June 30, 2011.

APPOINTMENT. NO. M-06-423 – BY: COUNCILMEMBER CARTER (BY REQUEST) – Ratifying, ADOPTED. confirming and approving the appointment of James Nelson Brown (vice Paul Richard), nominee of Senator Francis Heitmeier, as a member of the New Orleans Redevelopment Authority, for a term that will expire June 11, 2009.

27 APPOINTMENT. NO. M-06-424 – BY: COUNCILMEMBER WILLARD-LEWIS (BY REQUEST) – Ratifying, ADOPTED. confirming and approving the appointment of Barbara Major, (to a newly created position), Nominee of Senator Ann Duplessis, as a member of the New Orleans Redevelopment Authority, for a term that will expire June 30, 2010.

APPOINTMENT. NO. M-06-425 – BY: COUNCILMEMBER HEAD – Ratifying, confirming and approving the ADOPTED. Council’s appointment of Ryan Dewayne Warner (vice Rev. Lois Johnson Dejean), as a member of the Music and Entertainment Commission for a term which will expire on June 30, 2010.

APPOINTMENT. NO. M-06-426 – BY: COUNCILMEMBERS FIELKOW AND THOMAS – Ratifying, confirming and approving the Council’s appointment of Juana Marine-Lombard (vice Julie Sardie), as a member of the Alcohol Beverage Control Board, for a term which will expire on June 30, 2010.

28 COMMUNICATIONS

RECEIVED. FROM ROBERT FLORENCE, GOOD NEWS NEW HEARING DATE ORLEANS – Requesting to address the SET FOR 10/5/06. Council on their efforts to rebuild the devastated tourism economy.

RECEIVED. FROM JOHNESE LAMAR SMITH – Requesting HEARING DATE to address the Council regarding SET FOR 10/5/06. Corporate Sponsorship and Carnival.

RECEIVED AND REFERRED FROM KATHY ABEL – Requesting to TO CPC. appeal the Lakeview Interim Zoning HEARING DATE District (IZD) Ordinance No. 21,975 SET FOR 10/5/06. M.C.S. to raise the bedroom to the second floor and to use the ground floor for storage and a garage for property located At 5671-73 Woodlawn Place.

RECEIVED. FROM DELORIS MONTGOMERY (TAXI CAB HEARING DATE DRIVERS) – Requesting to address the City SET FOR 10/5/06. Council on Ordinance No. 22085 M.C.S. of Chapter 162-380(1) of the City Code.

COUNCILMEMBER MIDURA. FROM ANTHONY FACIANE – Requesting to RECEIVED. address the City Council on the progress HEARING DATE SET of the Good Neighbor Program. FOR 10/5/06.

29 APPEARED. FROM MARCIA ST. MARTIN, GENERAL SUPERINTENDENT, SEWERAGE AND WATER BOARD - Updating the Council on repairs in the Lower Ninth Ward.

RECEIVED. FROM JOHN H. CHAVANNE, CONSULTANT FOR SEWERAGE AND WATER BOARD OF NEW ORLEANS – Submitting Sewerage and Water Board of New Orleans “Comments” Responding To Entergy New Orleans, Inc.’s June 30, 2006 “Gas-Formula Rate Plan” Filing In New Orleans City Council Docket Nos. UD-01-04 and UD-03-01.

RECEIVED. FROM JOHN H. CHAVANNE, CONSULTANT FOR SEWERAGE AND WATER BOARD OF NEW ORLEANS – Submitting Sewerage and Water Board of New Orleans “Comments” Responding To Entergy New Orleans, Inc.’s June 30, 2006 “Electric-Formula Rate Plan” Filing In New Orleans City Council Docket Nos. UD-01-04 and UD-03-01.

RECEIVED AND REFERRED TO FROM LISA M. HUDSON, DIRECTOR OF THE BUDGET COMMITTEE. PERSONAL, CIVIL SERVICE DEPARTMENT - Submitting for Council Approval the Proposed Pay Plan for the Classified Service.

ORDINANCES ON FIRST READING

Introduced and laid ORDINANCE CALENDAR NUMBERS 26,235 over as required by law. thru 26,247.

30 nrm/Sept21-06/agd