City of New Orleans
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THE COUNCIL City of New Orleans STACY HEAD JASON ROGERS WILLIAMS Councilmember At Large Councilmember At Large SUSAN G. LATOYA NADINE M. JARED C. JAMES AUSTIN GUIDRY CANTRELL RAMSEY BROSSETT GRAY II Councilmember Councilmember Councilmember Councilmember Councilmember District "A" District "B" District "C" District "D" District "E" MINUTES Regular City Council Meeting held in City Hall Council Chamber on Thursday, July 10, 2014 at 10:20 AM PRESIDENT VICE PRESIDENT STACY HEAD JASON ROGERS WILLIAMS Councilmember-At-Large Councilmember-At-Large 1. ROLL CALL - LORA W. JOHNSON, CLERK OF COUNCIL Upon calling the roll the following members answered to their names: Present: Brossett Cantrell Gray Guidry Head Ramsey Absent: Williams 1 Six member present constituting a quorum. 2. INVOCATION - EVANGELIST LINDA CAMPBELL THE HEAVENLY MELODIES GOSPEL SINGERS OF NEW ORLEANS 3. PRESENTATION OF COLORS 4. PLEDGE OF ALLEGIANCE TO THE FLAG - NADINE M. RAMSEY COUNCILMEMBER DISTRICT "C" 5. NATIONAL ANTHEM - KIDS FROM THE LOUIS ARMSTRONG JAZZ SUMMER CAMP 6. COUNCIL CHAPLAIN - REV. DR. NORWOOD THOMPSON, JR. 1. APPROVAL OF THE MINUTES - June 5, 2014 and June 19, 2014. Annotation: APPROVED. MOVED BY: Head SECONDED BY: Cantrell ACTION: Approve YEAS: Cantrell, Gray, Guidry, Head, Ramsey, Brossett - 6 NAYS: 0 ABSENT: Williams - 1 RECUSED: 0 AND THE MOTION PASSED SPECIAL ORDERS OF BUSINESS 1. FIRST ORDER OF BUSINESS - PRESENTATION Brief: Recognizing and celebrating the 10th Anniversary of the Louisiana Office of Juvenile Justice. Annotation: (Cn.Guidry). APPEARED. 2 2. SECOND ORDER OF BUSINESS - PRESENTATION Brief: Recognizing Ashley Hansen of Hansen's Sno-bliz, as a successful New Orleans small business owner and operator. Annotation: (Cn. Head). APPEARED. 3. THIRD ORDER OF BUSINESS Cn. Guidry left the meeting. CONSENT AGENDA 1. COMMUNICATION - FROM JENNIFER HEBERT Brief: Requesting to appeal the Historic District Landmarks Commission's decision of "denial" of the retention of fence constructed in deviation of Certificate of Appropriateness, retention of decorative iron fence, leaded glass windows, and modification of window opening without a Certificate of Appropriateness for property located at 816 2nd Street. Annotation: RECEIVED. (Hearing Date Set For 7/24/14). 816 2nd Street 2. COMMUNICATION - FROM POLLY S. ROSEMOND, MANAGER - REGULATORY AFFAIRS, ENTERGY NEW ORLEANS, INC. Brief: Submitting in accordance with Paragraph B of Schedule FAC-4 (Fuel Adjustment Clause) implemented pursuant to Council Resolution R-09-136, Entergy New Orleans, Inc. ("ENO") hereby notifies the Council that the Company's preliminary calculation of the estimated July 2014 Fuel Adjustment Clause ("FAC") factor of $0.046278/kWh is slightly more than twenty-five percent (25%) over the actual June 2014 FAC factor of $0.036897/kWh. 3 Annotation: RECEIVED. Polly S. Rosemond 3. COMMUNICATION - FROM REV. FRANK A. DAVIS, III, PASTOR- TEACHER, BIBLEWAY MISSIONARY BAPTIST CHURCH Brief: Requesting a variance for a waiver larger than thirty percent (30%) for property located at 3308 Orleans Avenue. Annotation: RECEIVED. (Hearing Date Set For 7/24/14). Rev. Frank A. Davis, III 4. COMMUNICATION - FROM TIMOTHY S. CRAGIN, ASSISTANT GENERAL COUNSEL, LEGAL SERVICES-REGULATORY, ENTERGY SERVICES, INC. Brief: Submitting pursuant to Council Resolution R-14-224 an original and three copies of the public version of materials that will be presented at the Entergy New Orleans, Inc.'s ("ENO") Integrated Resource Plan ("IRP") Technical Conference regarding Demand-Side Management Potential Study Inputs that will be held from 9:00 a.m. to noon on June 27, 2014 at the Lindy C. Boggs International Conference Center located in the University of New Orleans Research and Technology Park, 2045 Lakeshore Drive, New Orleans, Louisiana. (Docket No. UD-08-02) Annotation: RECEIVED. Timothy S. Cragin (Part 1) Timothy S, Cragin (Part 2) 5. COMMUNICATION - FROM ALYSSA MAURICE-ANDERSON, SENIOR COUNSEL SERVICES - REGULATORY, ENTERGY SERVICES, INC., LEGAL DEPARTMENT Brief: Submitting an original and two copies of the 2014 Agreement in Principle ("2014 AIP"), this agreement reflects a settlement and accommodation of the signatories, which include the Utility Advisors to the Alliance for Affordable Energy. (CNO Docket No. 4 UD-13-01) Annotation: RECEIVED. Alyssa Maurice-Anderson 6. COMMUNICATION - FROM ALYSSA MAURICE-ANDERSON, SENIOR COUNSEL SERVICES - REGULATORY, ENTERGY SERVICES, INC., LEGAL DEPARTMENT Brief: Submitting an original and two copies of the corrected version of the 2014 Agreement in Principle ("2014 AIP replacing the original version of the 2014 AIP submitted and all other documents included with the original filing on June 20, 2014. (The exhibits to the original 2014 AIP remain unchanged.) (CNO Docket No. UD-13-01) Annotation: RECEIVED. Alyssa Maurice-Anderson 7. COMMUNICATION - FROM ALEX AND ARWEN PODESTA, PODESTA STUDIO LLC Brief: Requesting a Transfer/Change of a Non-Conforming Use for property located at 2314 Iberville Street. Annotation: RECEIVED. Hearing Date Set For 7/24/14). Alex Podesta and Arwen Podesta 8. COMMUNICATION - FROM LISA M. HUDSON, DIRECTOR OF PERSONNEL, DEPARTMENT OF CITY CIVIL SERVICE COMMISSION Brief: Submitting for Council approval the amendments to the Classified Pay Plan (NORDC Reorganization) as adopted by the Civil Service Commission at its meeting of June 16, 2014, in accordance with Article X, Section 10, of the Constitution of Louisiana. Annotation: RECEIVED. 5 Lisa M. Hudson-NORDC Reorganization 9. COMMUNICATION - FROM LISA M. HUDSON, DIRECTOR OF PERSONNEL, DEPARTMENT OF CITY CIVIL SERVICE COMMISSION Brief: Submitting for Council approval the amendments to the Classified Pay Plan (Engineering Hiring Rates) as adopted by the Civil Service Commission at its meeting of June 16, 2014, in accordance with Article X, Section 10, of the Constitution of Louisiana. Annotation: RECEIVED. Lisa M. Hudson-Engineering Hiring Rates 10. COMMUNICATION - FROM GARY E. HUNTLEY, VICE PRESIDENT, REGULATORY AND GOVERNMENTAL AFFAIRS, ENTERGY NEW ORLEANS, INC. Brief: Submitting an original and two copies of the report for the quarter ended March 31, 2014 of the Rule 53 Settlement Agreement applicable to Entergy's Non-Regulated Investments, dated April 10, 1998, and filed with the Securities and Exchange Commission provides that, "On a quarterly basis, Entergy shall provide the Commission with a report detailing the Regulated Utilities' proportionate share of the consolidated total Entergy's assets, operating and maintenance expenses." Annotation: RECEIVED. Gary E. Huntley 11. COMMUNICATION - FROM DAVID W. GERNHAUSER, SECRETARY, BOARD OF LIQUIDATION, CITY DEBT Brief: Informing the Council that on June 18, 2014, the Board of Liquidation, City Debt, sold $158,990,000 Sewerage Service Revenue and Refunding Bonds, Series 2014 and $103,525,000 Water Revenue and Refunding Bonds, Series 2014 of the Sewerage and Water Board of New Orleans. 6 Annotation: RECEIVED. David W. Gernhauser, Secretary, Board of Liquidation, City Debt 12. COMMUNICATION - FROM PHILIP B. SHERMAN, CHAFFE MCCALL, L.L.P. ON BEHALF OF TRITON HOLDINGS TWO, LLC (TRITON HOLDINGS) Brief: Requesting to appeal the Neighborhood Conservation District Committee's decision of "denial" of the demolition for the property located at 820 General Pershing Street. Annotation: RECEIVED. (Hearing Date Set For 7/24/14). Philip B. Sherman 13. COMMUNICATION - FROM COURTNEY R. NICHOLSON, SENIOR COUNSEL, LEGAL SERVICES - REGULATORY, ENTERGY SERVICES, INC. Brief: Submitting an original and two copies of the Supplemental Direct Testimony of Charles L. Rice, Jr., pursuant to Resolutions R-10- 322 and R-11-303. (CNO Docket No. UD-11-01) Annotation: RECEIVED. Courtney R. Nicholson 14. REPORT - OF THE EXECUTIVE DIRECTOR OF THE CITY PLANNING COMMISSION Brief: Transmitting Zoning Docket Numbers 52/14 - Cn. Cantrell, 53/14 - Cn. Gray, 54/14 - Cn. Cantrell, 55/14 - Cn. Guidry, 56/14 - Cn. Brossett, 57/14 - Cn. Cantrell, 58/14 - Cn. Guidry, Cn. Deadline 9/9/14 and Design Review Numbers 39/14 - Cn. Cantrell, 69/14 - Cn. Cantrell, Cn. Deadline 8/24/14. Annotation: RECEIVED. (Hearing Date Set For 7/24/14). CPC Transmittal Report 7-7-14 7 15. REPORT - OF COUNCILMANIC DISTRICT "B" Brief: Submitting the Mayor's Office of Economic Development's recommendation of approval of the Restoration Tax Abatement request for: * RTA #2012-1039; 1437-39 Urania Street * RTA #2013-0137; 2926 Chippewa Street Annotation: RECEIVED. (Hearing Date Set For 7/24/14). RTA Report District B (Part 1) RTA Report District B (Part 2) 16. CAL. NO. 30,184 - BY: COUNCILMEMBER RAMSEY Brief: An Ordinance to provide for the establishment of a Conditional Use to permit the sale of alcoholic beverages for off-premises consumption in a retail establishment with a floor area of less than 25,000 square feet in a CBD-3 Central Business District, on Square 67, Lots A or A, 1, 2 and E, in the Second Municipal District, bounded by Canal, Bourbon, Dauphine and Iberville Streets (Municipal Addresses: 801-807 Canal Street); and otherwise to provide with respect thereto. (ZONING DOCKET NO. 23/14) 30184 - 25941 M.C.S. 17. CAL. NO. 30,185 - BY: COUNCILMEMBER BROSSETT Brief: An Ordinance to provide for the establishment of a Conditional Use to permit a fast food restaurant in a C-1 General Commercial District and a UC Urban Corridor District overlay, Section 38 or an undesignated square, Lot A-2 or Lots A, B, C, D and E, in the Third Municipal District, bounded by Chef Menteur Highway, Desire Parkway, Old Gentilly Road and