March 16, 2000
MINUTES
OF THE MEETING OF THE COUNCIL OF THE CITY OF NEW ORLEANS
HELD IN THE COUNCIL CHAMBER, CITY HALL, THURSDAY, MARCH 16, 2000 AT 10:47 A.M.
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The Council of the City of New Orleans met this day in Regular Session, at 10:47 A.M., in the Council Chamber, City Hall, Council President, Eddie L. Sapir, presiding.
On calling the roll, the following members answered to their names:
PRESENT:
CARTER
CROSBY HAZEUR-DISTANCE
JOHNSTON
SAPIR (COUNCIL PRESIDENT) SINGLETON (COUNCIL VICE PRESIDENT)
THOMAS
SEVEN MEMBERS, CONSTITUTING A QUORUM, PRESENT.
INVOCATION
REVEREND MARC A. NAPOLEON, B. TH., PASTOR
NAZARETH BAPTIST CHURCH
PRESENTATION OF COLORS
LIEUTENANT COLONEL TOM NOWAK
JROTC WARREN EASTON HIGH SCHOOL
PLEDGE OF ALLEGIANCE TO THE FLAG
ELLEN HAZEUR-DISTANCE
COUNCILMEMBER DISTRICT "E"
NATIONAL ANTHEM
MR. CHARLES NERO
PRESIDENT OF NEW ORLEANS RETIRED TEACHERS ASSOCIATION
ACCOMPANIED BY MRS. LILLIAN DUNN PERRY
DIRECTOR OF ROBERT PERRY SINGERS CONSENT AGENDA
ORDINANCES ON FINAL PASSAGE
CAL. NO. 22,963 - BY: COUNCILMEMBER CROSBY - An Ordinance to provide for the establishment of a conditional use to permit a bank with drive through facilities in a B- 2 Neighborhood Bus iness District and to rescind Ordinance No. 10,629 M.C.S., on Lots 27 thru 34, Square 236, in the Second Municipal District, bounded by Harrison Avenue, Argonne Boulevard, Bragg and Marshall Foch Streets (Municipal Addresses: 6300 thru 6310 Argonne Boulevard); and otherwise to provide with respect thereto. (ZONING DOCKET NO. 111/99)
ROLL CALL: YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7
NAYS: 0 ABSENT: 0
AND THE ORDINANCE WAS ADOPTED.
On motion of Councilmember Hazeur-Distance, seconded by Councilmember Sapir, and without objection, the following ordinances were removed from the Consent Agenda and placed on the Regular Agenda:
Ordinance Calendar Numbers 22,966 and 22,968.
MOTION TO ADOPT CONSENT CALENDAR AND REFER OTHER MATTERS TO THE PROPER AGENCY.
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7
NAYS: 0 ABSENT: 0
AND THE CONSENT CALENDAR WAS ADOPTED.
LEGISLATIVE GROUPINGS
TAX ABATEMENT HEARING
OF THE MAYOR'S OFFICE - DIVISION OF ECONOMIC DEVELOPMENT - Recommending approval of the Restoration Tax Abatement request for:
RTA NUMBER ADDRESS COUNCILMEMBER
#960100 -17 7729 Oak Street Crosby
#960101 -18 7720 -22, 7724 -26 Oak Crosby Street; 1107 -09, 1113 -15, 1117 -19, 1121,23, 1129 -31, 1133 -35, 1137 -39 Burdette Street; 7719 -21, 7723 -25, 7729 -31, 7735 -37 Zimple Street, and #1 -2, #3 -4, #5 -6 Zimple Street
#960102 -19 7733 -35, 7737 -39 Oak Street, Crosby 1209 -11, 1213 -15 Burdette Street
#960211 -33 5531 St. Charles Avenue Crosby
#970339 -42 1712 -26 Oretha Castle Haley Thomas Boulevard
#980355 -57 1722 -24 Delachaise Street Thomas
#970050 -07 741 -47 Magazine Street Thomas
HEARING HELD.
RESOLUTIONS
NO. R-00-181
BY: COUNCILMEMBER CROSBY SECONDED BY: COUNCILMEMBER HAZEUR-DISTANCE
WHEREAS, Article VII, Section 21(H) of the State Constitution and Act 445 of 1983 provides for payment of ad valorem taxes on a certain basis for property owners performing certain improvements in Historic, Economic Development, and Downtown Development Districts; and,
WHEREAS, in accordance with the procedures established by Resolution R- 98- 126 the following described property has been submitted to the Mayor's Office of Economic Development for review, said property being described as municipal address 7729- 31 Oak Street owned by Louisiana Coastal V, L.L.C.; and,
WHEREAS, the Mayor's Office of Economic Development recommends approval with regard to participation in the aforementioned tax program; now therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, that the Council, after consideration of the recommendation of the Mayor's Office of Economic Development, hereby approves participation of municipal address 7729-31 Oak Str eet owned by Louisiana Coastal V, L.L.C., and further identified by the State Board of Commerce and Industry as application number RTA #960100-17 in the Property Tax Abatement Program authorized by Act 445 of 1983 and Article VII Section 21(H) of the Constitution, effective March 16, 2000, therefore,
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, That a copy of this resolution be forwarded to the State Board of Commerce and Industry.
THE FOREGOING RESOLUTION WAS READ IN FULL, THE ROLL W AS CALLED ON THE ADOPTION THEREOF, AND RESULTED AS FOLLOWS:
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7 NAYS: 0 ABSENT: 0
AND THE RESOLUTION WAS ADOPTED.
NO. R-00-182 BY: COUNCILMEMBER CROSBY
SECONDED BY: COUNCILMEMBER HAZEUR-DISTANCE
WHEREAS, Article VII, Section 21(H) of the State Constitution and Act 445 of 1983 provides for payment of ad valorem taxes on a certain basis for property owners performing certain improvements in Historic, Economic Development, and Downtown Development Districts; and,
WHEREAS, in accordance with the procedures established by Resolution R- 98- 126 the following described property has been submitted to the Mayor's Office of Economic Development for review, said property being described as municipal address 7724- 26, 7720-22 Oak Street, 1137-39, 1133- 35, 1129- 31, 1121-23, 1117- 19, 1113- 15, 1107- 09 Burdette Street, 7735- 37, 7729- 31, 7723- 25, 7719- 21 Zimple Street, #1-2,. #3 - 4, #5- 6 Zimple Alley owned by Louisiana Coastal V, L.L.C.; and,
WHEREAS, the Mayor's Office of Economic Development recommends approval with regard to participation in the aforementioned tax program; now therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, that the Council, after consideration of the recommendation of the Mayor's Office of Economic Development, hereby approves participation of municipal address 7724- 26, 7720-22 Oak Street, 1137-39, 1133 -35, 1129- 31, 1121- 23, 1117- 19, 1113- 15, 1107 -09 Burdette Street, 7735- 37, 7729-31, 7723- 25, 7719- 21 Zimple Street, #12,.- #3- 4, #5- 6 Zimple Alley owned by Louisiana Coastal V, L.L.C., and further identified by the State Board of Commerce and Industry as application number RTA # 960101-18 in the Property Tax Abatement Program authorized by Act 445 of 1983 and Article VII Section 21(H) of the Constitution, effective March 16, 2000, therefore,
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, That a copy of this resolution be forwarded to the State Board of Commerce and Industry.
THE FOREGOING RESOLUTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF, AND RESULTED AS FOLLOWS:
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7
NAYS: 0
ABSENT: 0 AND THE RESOLUTION WAS ADOPTED.
NO. R-00-183 BY: COUNCIL MEMBER CROSBY
SECONDED BY: COUNCILMEMBER HAZEUR-DISTANCE
WHEREAS, Article VII, Section 21(H) of the State Constitution and Act 445 of 1983 provides for payment of ad valorem taxes on a certain basis for property owners performing certain improvements in H istoric, Economic Development, and Downtown Development Districts; and,
WHEREAS, in accordance with the procedures established by Resolution R- 98- 126 the following described property has been submitted to the Mayor's Office of Economic Development for review, said property being described as municipal address 7733- 35, 7737- 39 Oak Street, 1209- 11, 1213-15 Burdette Street owned by Louisiana Coastal V, L.L.C.; and,
WHEREAS, the Mayor's Office of Economic Development recommends approval with regard to participation in the aforementioned tax program; now therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, that the Council, after consideration of the recommendation of the Mayor's Office of Economic Development, hereby approves participation of municipal address 7733- 35, 7737-39 Oak Street, 1209-11, 1213- 15 Burdette Street owned by Louisiana Coastal V, L.L.C., and further identified by the State Board of Commerce and Industry as application number RTA #960102- 19 in the Property Tax Abatement Program authorized by Act 445 of 1983 and Article VII Section 21(H) of the Constitution, effective March 16, 2000, therefore,
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, That a copy of this resolution be forwarded to the State Board of Commerce and Industry.
THE FOREGOING RESOLUTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF, AND RESULTED AS FOLLOWS:
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7
NAYS: 0
ABSENT: 0
AND THE RESOLUTION WAS ADOPTED.
NO. R-00-184
BY: COUNCILMEMBER CROSBY
SECONDED BY: COUNCILMEMBER HAZEUR-DISTANCE
WHEREAS, Article VII, Section 21(H) of the State Constitution and Act 445 of 1983 provides for payment of ad valorem taxes on a certain basis for property owners performing certain improvements in Historic, Economic Development, and Downtown Development Districts; and,
WHEREAS, in accordance with the procedures established by Resolution R- 98- 126 the following described property has been submitted to the Mayor's Office of Economic Development for review, said property being described as municipal address 5531 St. Charles Avenue owned by Linda H. and Michael M. Christovich and,
WHEREAS, the Mayor's Office of Economic Development recommends approval with regard to participation in the aforementioned tax program; now therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, that the Council, after consideration of the recommendation of the Mayor's Office of Economic Development, hereby approves participation of municipal address 5531 St. Charles Avenue owned by Linda H. and Michael M. Christovich, and further identified by the State Board of Commerce and Industry as application number RTA #960211-33 in the Property Tax Abatement Program authorized b y Act 445 of 1983 and Article VII Section 21(H) of the Constitution, effective March 16, 2000, therefore,
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, That a copy of this resolution be forwarded to the State Board of Commerce and Industry.
THE FOREGOING RESOLUTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF, AND RESULTED AS FOLLOWS: YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7
NAYS: 0
ABSENT: 0
AND THE RESOLUTION WAS ADOPTED.
NO. R-00-185
BY: COUNCILMEMBERS THOMAS, SAPIR AND SINGLETON
WHEREAS, Article VII, Section 21(H) of the State Constitution and Act 445 of 1983 provides for payment of ad valorem taxes on a certain basis for property owners performing certain improvements in Historic, Economic Development, and Downtown Development Districts; and
WHEREAS, in accordance with the procedures established by Resolution R- 98- 126 the following described property has been submitted to the Mayor's Office of Economic Development for review, said property being described as municipal address 1712- 26 Oretha Castle Haley Blvd. owned by Venus Gardens, L.L.C.; and
WHEREAS, the Mayor's Office of Economic Development recommends approval with regard to participation in the aforementioned tax program; now therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, that the Council, after consideration of the recommendation of the Mayor's Office of Economic Development, hereby approves participation of municipal address 1712-26 Oreth a Castle Haley Blvd. owned by Venus Gardens, L.L.C. and further identified by the State Board of Commerce and Industry as application number RTA #970339-42 in the Property Tax Abatement Program authorized by Act 445 of 1983 and Article VII Section 21(H) of the Constitution, effective March 16, 2000; therefore
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, That a copy of this resolution be forwarded to the State Board of Commerce and Industry.
THE FOREGOING RESOLUTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF, AND RESULTED AS FOLLOWS:
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7 NAYS: 0 ABSENT: 0
AND THE RESOLUTION WAS ADOPTED.
NO. R-00-186 BY: COUNCILMEMBER THOMAS
SECONDED BY: COUNCILMEMBER SINGLETON
WHEREAS, Article VII, Section 21(H) of the State Constitution and Act 445 of 1983 provides for payment of ad valorem taxes on a certain basis for property owners performing certain improvements in Historic, Economic Development, and Downtown Development Districts; and
WHEREAS, in accordance with the procedures established by Resolution R- 98- 126 the following described property has been submitted to the Mayor's Office of Economic Development for review, said property being described as municipal address 1722- 24 Delachaise Street owned by 1722- 24 Delachaise, L.L.C.; and
WHEREAS, the Mayor's Office of Economic Development recommends approval with regard to participation in the aforementioned tax program; now therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, that the Council, after consideration of the recommendation of the Mayor's Office of Economic Development, hereby approves participation of municipal address 1722-24 Delachaise Street owned by 1722- 24 Delachaise, L.L.C., and further identified by the State Board of Commerce and Industry as application number RTA #980355-57 in the Property Tax Abatement Program authorized by Act 445 of 1983 and Article VII Section 21(H) of the Constitution, effective March 16, 2000 ; therefore
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, That a copy of this resolution be forwarded to the State Board of Commerce and Industry.
THE FOREGOING RESOLUTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF, AND RESULTED AS FOLLOWS: YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7
NAYS: 0
ABSENT: 0
AND THE RESOLUTION WAS ADOPTED.
NO. R-00-187
BY: COUNCILMEMBER THOMAS
SECONDED BY: COUNCILMEMBER SINGLETON
WHEREAS, Article VII, Section 21(H) of the State Constitution and Act 445 of 1983 provides for payment of ad valorem taxes on a certain basis for property owners performing certain improvements in Historic, Economic Development, and Downtown Development Districts; and,
WHEREAS, in accordance with the procedures established by Resolution R- 98- 126 the following described property has been submitted to the Mayor's Office of Economic Development for review, said property being described as municipal address 741-47 Magazine Street owned by John Shoup; and,
WHEREAS, the Mayor's Office of Economic Development recommends approval with regard to participation in the aforementioned tax program; now therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, that the Council, after consideration of the recommendation of the Mayor's Office of Economic Development, hereby approves participation of municipal address 741- 47 Magazine Street owned by John Shoup, and further identified by the State Board of Commerce and Industry as ap plication number RTA # 970050-07 in the Property Tax Abatement Program authorized by Act 445 of 1983 and Article VII Section 21(H) of the Constitution, effective March 16, 2000; therefore
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, That a copy of this resolution be forwarded to the State Board of Commerce and Industry.
THE FOREGOING RESOLUTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF, AND RESULTED AS FOLLOWS:
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7
NAYS: 0
ABSENT: 0
AND THE RESOLUTION WAS ADOPTED.
OF THE MAYOR'S OFFICE - DIVISION OF ECONOMIC DEVELOPMENT - Recommending approval of the Restoration Tax Abatement request for:
RTA NUMBER ADDRESS COUNCILMEMBER
#960492 -94 1474 Magazine Street Thomas (Renewal)
#960493 -95 Thomas (Renewal) 1466 -68 Magazine Street
HEARING HELD.
RESOLUTIONS
NO. R-00-188 BY: COUNCILMEMBER THOMAS SECONDED BY: COUNCILMEMBER SINGLETON
WHEREAS, Article VII, Section 21(H) of the State Constitution and Act 445 of 1983 provides for payment of ad valorem taxes on a certain basis for property owners performing certain improvements in Historic, Economic Development, an d Downtown Development Districts; and
WHEREAS, in accordance with the procedures established by Resolution R- 98- 126 the following described property has been submitted to the Mayor's Department of Economic Development for review, said property being described as municipal address 1474 Magazine Street owned by Edward J. and Lisa L. Breaux; and
WHEREAS, the Mayor's Department of Economic Development recommends approval with regard to participation in the renewal of the aforementioned tax program; now theref ore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, That the Council after consideration of the recommendation of the Mayor's Department of Economic Development, hereby approves participation of municipal address 1474 Magazine Street owned by Ed ward J. and Lisa L. Breaux and further identified by the State Board of Commerce and Industry as application number RTA # 960492-94 in the Property Tax Abatement Program authorized by Act 445 of 1983 and Article VII Section 21(H) of the Constitution, effec tive March 16, 2000; therefore
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, that a copy of this resolution be forwarded to the State Board of Commerce and Industry.
THE FOREGOING RESOLUTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF, AND RESULTED AS FOLLOWS: YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7
NAYS: 0
ABSENT: 0
AND THE RESOLUTION WAS ADOPTED.
NO. R-00-189
BY: COUNCILMEMBER THOMAS
SECONDED BY: COUNCILMEMBER SINGLETON
WHEREAS, Article VII, Section 21(H) of the State Constitution and Act 445 of 1983 provides for payment of ad valorem taxes on a certain basis for property owners performing certain improvements in Historic, Economic Development, and Downtown Development Districts; and
WHEREAS, in accordance with the procedures established by Resolution R- 98- 126 the following described property has been submitted to the Mayor's Department of Economic Development for review, said property being described as municipal address 1466- 68 Magazine Street owned by Edward J. and Lisa L. Breaux; and
WHEREAS, the Mayor's Department of Economic Development recommends approval with regard to participation in the renewal of the aforementioned tax program; now therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, That the Council after consideration of the recommendation of the Mayor's Department of Economic Development, hereby approves participation of municipal address 1466- 68 Magazine Street owned by Edward J. and Lisa L. Breaux and further identified by the State Board of Commerce and Industry as application number RTA # 960493-95 in the Property Tax Abatement Program authorized by Act 445 of 1983 and Article VII Section 21(H) of the Constitution, effective March 16, 2000; therefore
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, that a copy of this resolution be forwarded to the State Board of Commerce and Industry.
THE FOREGOING RESOLUTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF, AND RESULTED AS FOLLOWS:
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7 NAYS: 0
ABSENT: 0
AND THE RESOLUTION WAS ADOPTED.
REPORT
OF THE DIRECTOR OF PROPERTY MANAGEMENT - Stating that he did adjudicate property located at 127 North Carrollton Avenue & 135- 37 North Carrollton Avenue located in Square 536, Second Municipal District of the City to Mr. Musa Ulusan for the sum of $260,000.00 plus the cost of advertising of said sale and notice of and promulgation of this ordinance.
After discussion, the foregoing report was declared RECEIVED.
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At this time, Councilmember Sapir moved to continued/withdraw the following Legislation. Seconded by Councilmember Singleton.
There being no objection, so ordered.
HDLC APPEAL
OF MICHAEL OLIVAS - Requesting to appeal the Historic District Landmarks Commission's decision of denial to retain work that has been done on property located at 630-632 Poland Avenue.
Continued to the meeting of April 6, 2000.
VIEUX CARRE APPEALS
OF DONALD MAGINNIS ARCHITECT - Requesting to appeal the decision of denial by the Vieux Carre Commission for the proposed project located at 307 Royal Street, #2002.
Continued to the meeting of April 6, 2000.
OF CHRIS OWENS - Requesting to appeal the decision of the Vieux Carre Commission in regard to property located at 500 Bourbon Street. The request was to remove existing showcases in facade and install French Doors on the Bourbon Street side.
Continued to the meeting of April 6, 2000.
OF JAMES S. CRIPPS, AIA - Requesting to appeal the decision of the Vieux Carre Commission to deny the construction of a second floor addition to the rear of property located at 836 Royal Street.
Continued to the meeting of April 6, 2000.
DEMOLITION APPEAL
OF CRAIG M. RIPLEY - Requesting to appeal the denials for demolition of properties located at 4024- 26 Canal Street, 4032- 36 Canal Street, 4038- 40 Canal Street, 4042- 44 Canal Street, 4718 South Carrollton Avenue and 4724- 26 South Carrollton Avenue.
Continued to the meeting of April 6, 2000.
ZONING PETITIONS
LEGISLATIVE GROUPING
ADMINISTRATIVE AMENDMENT TO ZONING PETITION NO. 99/98 - KOHNKE DEVELOPMENT, INC. - Requesting an Administrative Amendment to Ordinance No. 19,008 (Zoning Doc ket No. 99/98) to permit a waiver of the B -1 sign regulations to allow a detached sign for Square 153, Lots 4, 5 & 6 in the Fourth Municipal District, bounded by Magazine, Camp, Sixth and Seventh Streets (2917 Magazine Street). The recommendation of the City Planning Commission being "FOR DENIAL".
ORDINANCE ON FINAL PASSAGE
CAL. NO. 22,551 - BY: COUNCILMEMBER THOMAS - An Ordinance to amend Ordinance No. 19,008 M.C.S. that authorized the establishment of a Conditional Use to permit the sale of alcoholic beverages within a new restaurant in the B-1A District, previously adopted by the City Council on December 1, 1999, to permit a waiver of the B- 1A District Sign Regulations to allow a detached sign on Square 153, Lots 4, 5, 6, in the Fourth Municipal District, bounded by Magazine, Camp, Sixth and Seventh Streets (Municipal Address 2917 Magazine Street). (ADMINISTRATIVE AMENDMENT #1 TO ZONING DOCKET NO. 99/98)
Continued to the meeting of April 20, 2000.
ZONING PETITIONS
ZONING PETITION NO. 14/00 - KALMAR ENTERPRISES, II, LLC - Requesting a Conditional Use to permit the sale of alcoholic beverages in an existing standard restaurant in a B- 2 Neighborhood Business District for Square 70, Lot B, in the Seventh Municipal District, bounded by South Carrollton and St. Charles Avenues, Hampson and Dublin Street (614 South Carrollton Avenue). The recommendation of the City Planning Commission being "FOR APPROVAL" with modifications to provisos #6 & #7.
Continued to the meeting of May 4, 2000.
ZONING PETITION NO. 15/00 - KABEL REAL ESTATE, LLC - Requesting a Conditional Use to permit the sale of alcoholic beverages in a standard restaurant in a B- 2 Neighborhood Business District with a UC-Urban Corridor District Overlay for Lot W -4- 4 in the Fifth Municipal Distric t, bounded by Hyman Court, General DeGaulle, Berkley, Kabel Drives (3518 Kabel Drive). The recommendation of the City Planning Commission being AFOR APPROVAL@ Subject to eleven (11) provisos.
Continued to the meeting of April 6, 2000.
ZONING PETITION NO. 16/00 - PATRICIA D. MILTON LYNCH - Requesting a Map Change from an RD-3 Two Family Residential District to B-1 or B -1-A Neighborhood Business District to an Art/Antique Gallery for Square 8, Lot 13, in the Fifth Municipal District, bounded by Pelican Avenue, Delaronde, Sequin and Bouny Streets (238 -40 Pelican Avenue). The recommendation of the City Planning Commission being AFOR APPROVAL@ subject to two (2) restrictions.
Continued to the meeting of April 6, 2000.
ZONING PETITION NO. 18/00 - SCOTT WOLFE/BEVERLY HENDRICKS, ALICE HAYES & PEARL DUNN - Requesting a Conditional Use to permit an auto parts store in a B- 1 Neighborhood Business District for Square 711, Lots A, B,& C, & A, B, C & 3, in the Third Municipal District, bounded by N. Claiborne Avenue, Reynes, N. Derbigny and Forstall Streets (1600- 06 & 1614-16 Forstall Street and 5015- 29 N. Claiborne Avenue). The recommendation of the City Planning Commission being AFOR APPROVAL@ subject to one (1) waiver and seven (7) provisos.
WITHDRAWN.
LEGISLATIVE GROUPING
SUBDIVISION APPEAL
OF NANCY TAYLOR - Requesting to appeal the decision of the City Planning Commission for Subdivision Docket No. 31/99 for property located at 1527 Sixth Street.
REPORT
OF THE EXECUTIVE DIRECTOR OF THE CITY PLANNING COMMISSION - Recommending tentative approval of the request for the resubdivision for property located on Square 218, in the Fourth Municipal District, bounded by Sixth Street, Conery Street (side), Prytania Street (side) and St. Charl es Avenue (side)(1527 Sixth Street), subject to four(4)provisos. (SUBDIVISION DOCKET NO. 31/99)
Continued to the meeting of April 6, 2000.
LEGISLATIVE GROUPING
SUBDIVISION APPEAL
OF THOMAS DUPATY, PRESIDENT TD AND ASSOCIATES - Requesting to appeal proviso number one (1) in Subdivision Docket 37/99.
REPORT
OF THE EXECUTIVE DIRECTOR OF THE CITY PLANNING COMMISSION - Recommending tentative approval of the request for the resubdivision for property located on Square 272, in the Fifth Municipal District, bounded by Adrian, Bailey and Barber Street, and Bennett Street (side), subject to four (4) provisos. SUBDIVISION DOCKET NO. 37/99.
Continued to the meeting of April 6, 2000.
ORDINANCES ON FINAL PASSAGE
CAL. NO. 22,861 - BY: COUNCILMEMBER SAPIR (BY REQUEST) - An Ordinance granting a non- exclusive Franchise to Actel Integrated Communications, Inc., to construct, maintain, and operate a wireline telecommunications system, to provide for the furnishing of a surety bond, annual payments; and otherwise to provide with respect thereto.
Continued to the meeting of April 6, 2000.
CAL. NO. 22,866 - BY: COUNCILMEMBER THOMAS (BY REQUEST) - An Ordinance authorizing the revocation of dedication and the sale at public auction of a portion of Gravier Street b etween Square 690 and Square 691 and between South Clark Street and South Jefferson Davis Parkway, with all improvements and appurtenances thereon, all in the First Municipal District, no longer needed for public purposes.
Continued to the meeting of April 6, 2000.
CAL. NO. 22,948 - BY: COUNCILMEMBER CROSBY - An Ordinance to amend and reordain Section 26 of the City Code of New Orleans creating Section 26- 152.1 relative to collection of attorney=s fees resulting from violation of restrictive covenant agreements and related civil actions affecting properties located in Orleans Parish and to provide otherwise with respect thereto.
Continued to the meeting of April 6, 2000.
CAL. NO. 22,967 - BY: COUNCILMEMBER CARTER (BY REQUEST) - An Ordinance to amend and reordain Section 162-1 and Section 162 -151 of Ordinance Number 17,271 M.C.S., as amended (the Code of the City of New Orleans), relative to regulating commuter shuttle vehicle transportation, and to otherwise with respect thereto.
WITHDRAWN.
CAL. NO. 22,969 - BY: COUNCILMEMBER HAZEUR-DISTANCE (BY REQUEST) - An Ordinance, authorizing the Mayor of the City of New Orleans (the ACity Council@ ) to enter into a Cooperative Endeavor Agreement (the A Agreement @ ) by and between the City and Lake Forest Plaza, L.L.C. (ALake Forest@ ) relative to the pledge of $2,500,000 in Urban Development Action Grant repayment funds (A the UDAG Funds @ ) to secure financing for the acquisition by Lake Forest of the Sears and Dillards properties adjacent to the Lake Forest Plaza Shopping Center and otherwise to provide with respect thereto.
Continued to the meeting of April 6, 2000.
CAL. NO. 22,973 - BY: COUNCILMEMBERS SINGLETON, HAZEUR- DISTANCE, SAPIR AND CARTER (BY REQUEST) - An Ordinance to amend Ordinance No. 19,475 M.C.S., as amended, entitled A An Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2000,@ to appropriate La. Law Enforcement Administration grant funds from intergovernmental Transfers to the Department of Police for the Street Gang Reduction Program (GRIP), to help identify local and national gang members to initiate criminal investigations and arrests.
Continued to the meeting of April 6, 2000, and referred to the Budget Committee.
CAL. NO. 22,974 - BY: COUNCILMEMBERS SINGLETON, HAZEUR- DISTANCE, SAPIR AND CARTER (BY REQUEST) - An Ordinance to amend Ordinance No. 19,476 M.C.S., as amended, entitled A An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2000,@ to appropriate La. Law Enforcement Administration grant funds from Intergovernmental Transfers to the Department of Polic e for the Street Gang Reduction Program (GRIP), to help identify local and national gang members to initiate criminal investigations and arrests.
Continued to the meeting of April 6, 2000, and referred to the Budget Committee.
CAL. NO. 22,975 - BY: COUNCILMEMBERS SINGLETON, HAZEUR- DISTANCE, SAPIR AND CARTER (BY REQUEST) - An Ordinance to amend Ordinance No. 19,475 M.C.S., as amended, entitled A An Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2000,@ to appropriate La. Law Enforcement Administration grant funds from Intergovernmental Transfers to the Department of Police for the K- 9 Narcotics Unit to replace aged canines, and for the training of those replacements.
Continued to the meeting of April 6, 2000, and referred to the Budget Committee.
CAL. NO. 22,976 - BY: COUNCILMEMBERS SINGLETON, HAZEUR- DISTANCE, SAPIR AND CARTER (BY REQUEST) - An Ordinance to amend Ordinance No. 19,476 M.C.S., as amended, entitled A An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2000,@ to appropriate La. Law Enforcement Administration grant funds from Intergovernmental Transfers to the Department of Police for the K- 9 Narcotics Unit to replace aged canines, and for the training of those replacements.
Continued to the meeting of April 6, 2000, and referred to the Budget Committee.
CAL. NO. 22,977 - BY: COUNCILMEMBERS SINGLETON, HAZEUR- DISTANCE, SAPIR AND CARTER (BY REQUEST) - An Ordinance to amend Ordinance No. 19,475 M.C.S., as amended, entitled A An Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2000,@ to appropriate La. Law Enforcement Administration grant funds from Intergovernmental Transfers to the Department of Police for Crime Lab Improvements to machinery and scientific training in the area of footprint and blood splatter analysis.
Continued to the meeting of April 6, 2000, and referred to the Budget Committee.
CAL. NO. 22,978 - BY: COUNCILMEMBERS SINGLETON, HAZEUR- DISTANCE, SAPIR AND CARTER (BY REQUEST) - An Ordinance to amend Ordinance No. 19,476 M.C.S., as amended, entitled A An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2000,@ to appropriate La. Law Enforcement Administration grant funds from Intergovernmental Transfers to the Department of Police for Crime Lab Improvements to machinery and scientific training in the area of footprint and blood splatter analysis.
Continued to the meeting of April 6, 200 0, and referred to the Budget Committee.
CAL. NO. 22,985 - BY: COUNCILMEMBERS SINGLETON, HAZEUR- DISTANCE, SAPIR AND CARTER (BY REQUEST) - An Ordinance to amend Ordinance No. 19,476 M.C.S., as amended, entitled A An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2000,@ to transfer funds from Reserves for Contingencies General Fund to City Planning Commission to conduct a search for a Director.
Continued to the meeting of April 6, 2000, and referred to the Budget Committee.
CAL. NO. 22,991 - BY: COUNCILMEMBER THOMAS (BY REQUEST) - An Ordinance to provide for the acquisition and/or expropriation, if necessary, of five (5) parcels of immovable property situated in Orleans Parish comprised within Square 441 in the Fourth Municipal District and described more particularly herein, upon a finding by the City Council of a need of the herein described properties for public purposes and need for safer and more efficient fire safety coverage, all in the Fourth Municip al District, and directing the Department of Law and the Department of Property Management, Division of Real Estate and Records Division, to proceed with the acquisition of the property amicably, or by expropriation if necessary; and otherwise to provide with respect thereto.
Continued to the meeting of April 6, 2000.
MOTIONS/RESOLUTIONS (LYING OVER)
NO. R-98-745 CITY HALL: November 19, 1998
BY: COUNCILMEMBERS THOMAS
Approving participation of municipal address 2100 St. Charles Avenue owned by Culinar y Institute of New Orleans, Inc. in the property tax abatement program. (RTA #960489-92).
Continued to the meeting of May 18, 2000.
NO. R-98-749
CITY HALL: November 19, 1998
BY: COUNCILMEMBER THOMAS
Approving participation of municipal address 632 South Peters Street owned by Unique News, Inc. in the property tax abatement program. (RTA #980354- 56)
Continued to the meeting of May 18, 2000.
This concludes legislation continued and/or withdrawn.
______
On motion of Councilmember Sapir, seconded by Councilmember Singleton, and without objection, the rules of the Council were suspended for the purpose of advancing to Ordinances On Final Passage.
ORDINANCES ON FINAL PASSAGE
(CONTINUED)
CAL. NO. 22,961 - BY: COUNCILMEMBER THOMAS (BY REQUEST) - An Ordinance to authorize the Mayor to sign an agreement between the City of New Orleans and Martin Plaza Apartments, L.L.C. whereby the City of New Orleans will grant to it a servitude on/over portions of ground owned by the C ity known as portions of Loyola Avenue and Toledano Street, located in the Sixth Municipal District adjacent to Square 511, Lots 25A, 25B, 25C, 25D, 25E, 25F, 25G, 25H, and 25I in order that the City might provide for the encroachments of porches, steps and roof and gutter overhang.
After discussion, Councilmember Thomas moved adoption of the foregoing ordinance.
ROLL CALL:
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7 NAYS: 0 ABSENT: 0
AND THE ORDINANCE WAS ADOPTED.
CAL. NO. 22,968 - BY: COUNCILMEMBER CROSBY - An Ordinance to provide for the establishment of a conditional use in an RS- 2 Single Family Residential District to permit the expansion of the property associated with the museum operated by Longue Vue House and Gardens and to provide for further construction of museum- related improvements, including parking facilities, on Lot X- 1, Lot (Plot)G, Lot(Plot)A, the Mrs. Edgar B. Stern Property of the Eckhardt Tract and a portion of Garden Lane; and otherwise to provid e with respect thereto. (ZONING DOCKET NO. 9/00)
Councilmember Crosby offered the following amendment:
AMENDMENT TO ORDINANCE CALENDAR NUMBER 22,968
CITY HALL: March 16, 2000
BY: COUNCILMEMBER CROSBY
SECONDED BY: COUNCILMEMBER SAPIR
1. On page 2, in Section 1, lines 17 through 21 thereof, delete in its entirety and in lieu thereof, insert the following language for proviso number 2:
No motor coaches shall be allowed on the property; and motor coaches shall not be allowed to park on Bamboo Road or to idle on Bamboo Road for longer than is reasonably necessary to embark or disembark passengers. For purposes of this Ordinance, a Amotor coach@ shall mean a bus, including a school bus, that longer than 45 feet or is designed to carry more than 40 passengers. Smaller buses of the kind that are commonly referred to as A mini coaches @ shall not be allowed to park on Bamboo Road, to idle on Bamboo Road for longer than is reasonably necessary to embark or disembark passengers or to park in the parking lot located on the property formerly designated as Lot G, but shall otherwise be permitted on the property.
2. On page 2, in Section 1, on line 28 thereof, delete the word A and@.
3. On page 2, in Section 1, on line 30 thereof, after the word A half @ and before the period (.) insert the following: A ; and 8 no lighting fixtures located thereon shall exceed forty- eight (48) inches in height above the surface of the parking lot@ .
After discussion, Councilmember Thomas moved adoption of the foregoing amendment.
ROLL CALL: YEAS: Carter, Crosby, Hazeur-Distanc e, Johnston, Sapir, Singleton, Thomas - 7
NAYS: 0
ABSENT: 0
AND THE AMENDMENT WAS ADOPTED.
After further discussion, Councilmember Thomas moved adoption of the foregoing ordinance, as amended.
ROLL CALL
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7
NAYS: 0
ABSENT: 0
AND THE ORDINANCE, AS AMENDED, WAS ADOPTED.
CAL. NO. 22,966 - BY: COUNCILMEMBER HAZEUR-DISTANCE - An Ordinance to provide for the establishment of a conditional use to permit a truck stop in an NU -Non Urb an District, on Lots 1-L, 3A, 4N, 7, 2-L, 8 & 1, in the Irish Bayou Subdivision, in the Third Municipal District, bounded by Interstate I- 10, US Highway 11, and Little Irish Bayou (Municipal Addresses: 56089, 57102 and 57103 Ridgeway Boulevard); and otherwise to provide with respect thereto. (ZONING DOCKET NO. 106/99)
Councilmember Hazeur-Distance offered the following amendment:
AMENDMENT TO ORDINANCE CALENDAR NUMBER 22,966
CITY HALL: March 16, 200
BY: COUNCILMEMBER HAZEUR-DISTANCE
SECONDED BY: COUNCILMEMBER SINGLETON
1. On page 1, in Section 1, after line 8 thereof, insert the following waiver:
WAIVER:
1. A waiver of the setback requirement within the I- 10/510 Urban Corridor regulations.
2. On page 2, in Section 1, on li ne 12 thereof, delete the words A is urged to@ and in lieu thereof, insert the word Ashould@ .
3. On page 2, in Section 1, on line 19 thereof, delete the word A with@ and in lieu thereof, insert the word A within@ .
4. On page 2, in Section 1, delete provision number 6 in its entirety.
After discussion, Councilmember Thomas moved adoption of the foregoing amendment.
ROLL CALL
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7
NAYS: 0 ABSENT: 0
AND THE AMENDMENT WAS ADOPTED.
After further discussion, Councilmember Hazeur-Distance moved adoption of the foregoing ordinance, as amended.
ROLL CALL
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7
NAYS: 0
ABSENT: 0
AND THE ORDINANCE, AS AMENDED, WAS ADOPTED.
CAL. NO. 22,970 - BY: COUNCILMEMBERS SINGLETON, HAZEUR- DISTANCE, SAPIR AND CARTER (BY REQUEST) - An Ordinance to amend Ordinance No. 19,476 M.C.S., as amended, entitled A An Ordinance Providing an Oper ating Budget of Expenditures for the City of New Orleans for the Year 2000,@ to transfer funds from the Division of Housing and Neighborhood Development to the Law Department for the Housing Unit.
After discussion, Councilmember Thomas moved adoption of the foregoing ordinance.
ROLL CALL:
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7 NAYS: 0
ABSENT: 0 AND THE ORDINANCE WAS ADOPTED.
CAL. NO. 22,971 - BY: COUNCILMEMBERS SINGLETON, HAZEUR- DISTANCE, SAPIR AND CARTER (BY REQUEST) - An Ordinance to amend Ordinance No. 19,476 M.C.S., as amended, entitled A An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2000,@ to transfer funds from the Office of the Mayor, OCJC to the Law Dep artment for the Housing Unit.
After discussion, Councilmember Thomas moved adoption of the foregoing ordinance.
ROLL CALL:
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7
NAYS: 0
ABSENT: 0
AND THE ORDINANCE WAS ADOPTED.
CAL. NO. 22,972 - BY: COUNCILMEMBER CARTER - An Ordinance to amend and reordain Section 162- 2 of the Code of the City of New Orleans, establishing the applicability of Chapter 162 to for hire vehicle; and otherwise to provide with respect thereto.
After discussion, Councilmember Thomas moved adoption of the foregoing ordinance.
ROLL CALL:
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7 NAYS: 0
ABSENT: 0
AND THE ORDINANCE WAS ADOPTED.
MOTIONS/RESOLUTIONS
NO. R-00-190
BY: COUNCILMEMBERS SINGLETON, HAZEUR, THOMAS AND CARTER
RESOLUTION AND ORDER GRANTING
APPLICANTS' AMOTION TO DISMISS APPLICANTS WITHOUT PREJUDICE@
DOCKET NO. UD-98- 3
WHEREAS, pursuant to the Constitution of the State of Louisiana and the Home Rule Charter of the City of New Orleans, the New Orleans City Council ( ACouncil@ ) is the governmental body empowered to regulate utilities providing gas and electric services in the City of New Orleans; and
WHEREAS, on November 3, 1998, Walter T. Long, J. Mic hael Malec, Yvonne S. Mitchell, Warren Vincent, Robert's Gumbo Shop, Inc., and Royal St. Grocery, Inc. (AApplicants @ ) filed an AApplication, Complaint and/or Petition@ against Entergy New Orleans, Inc. (A ENO@ ) alleging that as a result of ENO's failure to properly maintain its electric distribution system, Applicants have suffered, inter alia, blackouts, power failures, and service interruptions; and
WHEREAS, it was the Council's desire to allow the Applicants in their individual capacities the opportunity to establish a record upon which the Council could properly consider their charges; and
WHEREAS, the Council by adoption of Resolution R- 99- 34 granted Applicants' request for a hearing, appointed a hearing officer who was authorized to oversee the hearing process, including discovery, filing of testimony and certification of a record to the Council; and
WHEREAS, on February 1, 2000, Applicants filed a A Motion to Dismiss Applicants Without Prejudice@ ; and
WHEREAS, on February 10, 2000, the Council's designated Hearing Officer, the Honorable Jeffrey Gulin, provided all parties in the docket the opportunity to file any motions, including objections within 5 days; and
WHEREAS, the only responses received by the Council pursuant to the Hearing Officer's directive was from the Sewerage and Water Board of New Orleans and the New Orleans Business Energy Council, and those responses represented that there were no objections to Applicants' motion; and
WHEREAS, ENO has no objection to dismissing Applicants' complaint but would prefer that it be done with prejudice; now, therefore:
BE IT RESOLVED BY THE COUNCIL FOR THE CITY OF NEW ORLEANS THAT, Applicants' AMotion to Dismiss Applicants Without Prejudice@ is hereby GRANTED.
THE FOREGOING RESOLUTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF, AND RESULTED AS FOLLOWS:
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7
NAYS: 0
ABSENT: 0
AND THE RESOLUTION WAS ADOPTED.
On motion of Councilmember Singleton, seconded by Councilmember Carter, and without objection, the rules of the Council were suspended for the purpose of introducing and considering the following Motions/Resolutions received after the Council =s deadline.
NO. R-00-191
BY: COUNCILMEMBER THOMAS
SECONDED BY: COUNCILMEMBER SINGLETON
WHEREAS, the 3rd Annual AFreret Street Festival@ sponsored by the Neighborhood Housing Service of New Orleans, Inc., is scheduled for March 18 th, 2000; and
WHEREAS, the Festival promotes the economic viability and development of Freret Street; and
WHEREAS, Ordinance No. 22,998 is not scheduled for final passage until the Council meeting of April 6th, 2000; and
WHEREAS, vendors and others associated with this event need assurance that this Council intends to adopt this Ordinance; now therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, That this Council intends to adopt Calendar Ordinance No. 22,998 at the next Council meeting which is scheduled to take place April 6th, 2000.
THE FOREGOING RESOLUTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF, AND RESULTED AS FOLLOWS:
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7
NAYS: 0
ABSENT: 0
AND THE RESOLUTION WAS ADOPTED.
NO. M- 00 -192
BY: COUNCILMEMBER CROSBY
Authorizing the Director of the Department of Finance, in accordance Section 10- 52 of the Code of the City of New Orleans, to issue a Special Event permit to Franky & Johnny=s Restaurant, for the premises located at 321 Arabella Street which shall be valid only for Friday, March 17, 2000 from 10:00 a.m. to 6:00 p.m.
On motion of Councilmember Crosby, and without objection the foregoing motion was WITHDRAWN.
NO. M- 00 -193
BY: COUNCILMEMBER CROSBY
SECONDED BY: COUNCILMEMBER SAPIR
WHEREAS, on Thursday, February 17, 2000, the Council of the City of New Orleans unanimously adopted Motion Number M-00- 114 which authorized and directed the City Planning Commission to conduct a public hearing for the purpose of amending the text of the Comprehensive Zoning Ordin ance, Ordinance 16,976 M.C.S., as amended as it relates to Article 5, Section 5.9, C- 2 General Commercial District, 5.9.3 Permitted Uses, to add a new #32 as follows:
#32. Colleges and Universities, and uses normally associated therewith.
WHEREAS, it has since come to the attention of the City Council that the addition of a new number 32 is not necessary; now, therefore
BE IT MOVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, That this Council hereby repeals Motion Number M- 00- 114, and the City Planning Commission is hereby authorized and directed to hold a public hearing for the purpose of amending the text of the Comprehensive Zoning Ordinance, Ordinance 16,976 M.C.S., as amended, as it relates to Articles 5, Section 5.9, C-2 General Commercial District, 5.9.3, and as it relates to Article 6, Section 6.1.3, CBD-1, Central Business District, in each case APermitted Uses @ . Add a new section as follows:
ASatellite Campuses for existing Colleges and Universities in Existing Buildings.@
THE FOREGOING MOTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF, AND RESULTED AS FOLLOWS:
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7
NAYS: 0
ABSENT: 0
AND THE MOTION WAS ADOPTED.
NO. M-00-194
BY: COUNCILMEMBERS SINGLETON, SAPIR, CARTER, CROSBY, HAZEUR - DISTANCE, JOHNSTON AND THOMAS
WHEREAS, in accordance with Resolution R- 99- 699, the Orleans Parish School Board has submitted a detailed plan specifying the purposes for which the payment from Jazz Casino, L.L.C. will be used; and
WHEREAS, the Council Budget Committee has approved the plan from a budgetary standpoint; and
WHEREAS, the Special Development Projects Committee has approved the detailed plan; and
WHEREAS, the City Council shall approve the plan, by motion, prior to the disbursement of funds to the Orleans Parish School Board; now, therefore
BE IT MOVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, That the Council hereby approves the Orleans Parish School Board=s plan for the payment from Jazz Casino Comp any, L.L.C. for FY2000.
BE IT FURTHER MOVED, That the Clerk of Council shall forward a certified copy of this Motion to the Orleans Parish School Board, the Chief Administrative Officer, the Director of Finance, the Executive Director of the Rivergate Dev elopment Corporation and the Council Fiscal Office.
THE FOREGOING MOTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF AND RESULTED AS FOLLOWS: YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7
NAYS: 0
ABSENT: 0 AND THE MOTION WAS ADOPTED. NO. R-00-195
BY: COUNCILMEMBERS SAPIR, SINGLETON, CROSBY, THOMAS, CARTER AND JOHNSTON
WHEREAS, the Council of the City of New Orleans is informed that on February 23, 2000 District AE@ Councilmember Ellen Hazeur was declared the winner of the election for Clerk of First City Court for the City of New Orleans; and
WHEREAS, Councilmember Hazeur tendered a letter of resignation to the Louisiana Secretary of State=s Office, dated March 15, 2000, indicating an effective date and time of 12:00 P.M., March 16, 2000; and
WHEREAS, since the unexpired term of the vacated District AE@ Council office exceeds one year, pursuant to Louisiana Revised Statues 18:602 E. (2) (a) and Home Rule Charter Section 3 -105 (2) (b) (I), the City Cou ncil, within ten days after the vacancy is deemed to have occurred, must order a special election to fill it; and
WHEREAS, pursuant to Home Rule Charter Section 3- 105 (2) (b) (I) and Louisiana Revised Statutes 18:402, the primary and general elections to fill the aforesaid vacancy should be scheduled for Saturday, October 7, 2000 and Tuesday, November 7, 2000, respectively; and
WHEREAS, qualifying for the primary election to fill the aforesaid vacancy should be set for Wednesday, August 16, 2000 through Friday, August 18, 2000; now, therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS That the Council, as governing authority of the City of New Orleans, does hereby proclaim, call, and order a special election to be held on Saturday, October 7, 2000, to fill the unexpired term of the Office of District AE@ Councilmember for the City of New Orleans, with a run- off, if needed, to be held on Tuesday, November 7, 2000, and with qualifying beginning on August 16, 2000 and ending on August 18, 2000.
BE IT FURTHER RESOLVED That this resolution calling the aforesaid special election be published once in full in the official journal of the City of New Orleans.
BE IT FURTHER RESOLVED That within twenty-four hours of adoption of this resolution, a certified copy of same be forwarded by the Clerk of Council, by certified or registered mail, to the Clerk of the Criminal District Court in and for the Parish of Orleans and to the Secretary of State at the same time and in the same manner.
BE IT FURTHER RESOLVED That the Council, acting under the powers granted to it by the City Charter and State Statutes, shall meet at its regular meeting place, the Council Chamber, City Hall, 1300 Perdido Street, New Orleans, Louisiana, on Thursday, October 19, 2000, and, if necessary, Thursday, November 16, 2000, beginning at 10:00 a.m., and shall then and there in open and public session proceed to examine and canvas the returns and declare the result of said election.
THE FOREGOING RESOLUTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF, AND RESULTED AS FOLLOWS:
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7
NAYS: 0
ABSENT: 0
AND THE RESOLUTION WAS ADOPTED.
NO. M- 00 -197
BY: COUNCILMEMBERS HAZEUR-DISTANCE AND CARTER
WHEREAS, NOLA Economic Development Corporation (ANOLA@ ) presented for approval of the City Council a proposed Operating Budget for the year ended December 31, 2000 and the quarter ended March 31, 2001, which budget is attached hereto as Exhibit AA@ (the ABudget@ ); and
WHEREAS, the Special Development Projects Committee requested that NOLA provide additional information to the Special Development Projects Committee and the Budget Committee prior to approval of the entire Budget by the City Council, but th e Special Development Projects Committee recommended approval of a portion of the administrative Budget; now therefore
BE IT MOVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, That the amounts allocated for administrative expenses in the Budget for the peri od ended June 30, 2000, which amounts shall be 50% of the total set forth for administrative expenses for the year 2000, be, and the same are hereby, approved.
BE IT FURTHER MOVED, That the amounts in the Budget allocated for administrative expenses for the period ended June 30, 2000 may be reallocated among the line items within the administrative expense category, provided that such reallocation shall not have the effect of increasing the total amount budgeted, as herein approved.
THE FOREGOING MOTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF, AND RESULTED AS FOLLOWS:
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7
NAYS: 0
ABSENT: 0
AND THE MOTION WAS ADOPTED.
NO. M- 00 -199
BY: COUNCILMEMBERS HAZEUR-DISTANCE, SAPIR, CROSBY AND CARTER
BE IT MOVED By the Council of the City of New Orleans That Motion M-98- 279, as amended by Motions M- 99- 758 and M- 00- 13, relative to Council Standing Committees, is hereby amended to read as follows:
1. Budget Committee:
Councilmember James M. Singleton, Sr., Chairperson
Councilmember Eddie L. Sapir Councilmember Troy A. Carter, (vice former Councilmember Ellen Hazeur - Distance)
* * * *
3. Utility Committee:
Councilmember James M. Singleton, Sr., Chairperson Councilmember Eddie L. Sapir (vice former Councilmember Ellen Hazeur - Distance)
Councilmember Oliver M. Thomas, Jr.
Councilmember Troy A. Carter, Alternate
* * * *
Councilmember Singleton offered the following amendment:
AMENDMENT TO MOTION NO. M -00-199
CITY HALL: March 16, 2000 BY: COUNCILMEMBER SINGLETON
SECONDED BY: COUNCILMEMBER HAZEUR-DISTANCE
1. In the ABE IT MOVED@ paragraph, after line 7, insert the following:
ACouncilmember Lula Harris Breaux, Alternate@ .
After discussion, Councilmember Singleton moved adoption of the foregoing amendment.
ROLL CALL:
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7 NAYS: 0
ABSENT: 0
AND THE AMENDMENT WAS ADOPTED.
After further dis cussion, Councilmember Hazeur-Distance moved adoption of the foregoing motion, as amended.
ROLL CALL:
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7
NAYS: 0
ABSENT: 0 AND THE MOTION, AS AMENDED, WAS ADOPTED.
NO. M- 00 -200
BY: COUNCILMEMBERS HAZEUR-DISTANCE, SAPIR, CROSBY AND CARTER
BE IT MOVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, That Motion M-98- 313, as amended by Motion M- 00-14, relative to appointment of Councilmembers to various boards, commissions and agencies, is hereby amended to read as follows:
* * * *
BE IT FURTHER MOVED that in accordance with R.S. 38:291 (K), the Council provides the following list of Councilmembers to the Mayor of the City of New Orleans for appointment by the Mayor to the B oard of Commissioners of the Orleans Levee District (Levee Board):
1. Councilmember Troy A. Carter
2. Councilmember Eddie L. Sapir
3. Councilmember E. Howell Crosby
The Mayor shall appoint one Councilmember from this list to the Board of Commissioners of the Orleans Levee Board.
* * * *
Councilmember Thomas offered the following amendment:
AMENDMENT TO MOTION NO. M -00-200
CITY HALL: March 16, 2000
BY: COUNCILMEMBER THOMAS
SECONDED BY: COUNCILMEMBER HAZEUR-DISTANCE
1. In the ABE IT FURTHER@ paragraph, after line 7, insert the following:
4. Councilmember H. Kenneth Johnston
After discussion, Councilmember Singleton moved adoption of the foregoing amendment.
ROLL CALL:
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7
NAYS: 0
ABSENT: 0 AND THE AMENDMENT WAS ADOPTED.
After further discussion, Councilmember Hauzeur-Distance moved adoption of the foregoing motion, as amended.
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7
NAYS: 0
ABSENT: 0 AND THE MOTION, AS AMENDED, WAS ADOPTED.
NO. M- 00 -201
BY: COUNCILMEMBER SINGLETON
SECONDED BY: COUNCILMEMBER SAPIR
WHEREAS, on June 6, 2000, the National D- Day Museum, located on Howard Avenue, is scheduled to open; and
WHEREAS, a prominent feature of the National D-Day Museum will be a full scale replica of the famous personnel landing craft, utilized throughout World War II in both the Atlantic and Pacific theaters; and
WHEREAS, the use of the personnel landing craft was instrumental in the allied victory in World War II; and
WHEREAS, the said personnel landing craft was designed and built by a local ship yard, owned and operated by Andrew Jackson Higgins, a native New Orleanian, at the Higgins plant near City Park; and
WHEREAS, it is the sense of this Council that it may be appropriate to rename that portion of Howard Avenue between Lee Circle and Convention Center Boulevard in honor of the late Andrew Jackson Higgins; now, therefore
BE IT MOVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS That the City Planning Commission evaluate and study the proposal to rename Howard Avenue from Lee Circle to Convention Center Boulevard in honor of the late Andrew Jackson Higgins, and that the City Planning Commission report its findings to the City Council as soon possible.
BE IT FURTHER MOVED That a certified copy of this motion be sent by the Clerk of Council to the Executive Director of the City Planning Commission for its immediate consideration.
THE FOREGOING MOTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF AND RESULTED AS FOLLOWS:
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7 NAYS: 0
ABSENT: 0
AND THE MOTION WAS ADOPTED.
REGULAR ORDER OF BUSINESS RESUMED
ZONING PETITIONS
(CONTINUED)
ZONING PETITION NO. 5/00 - HUGH E. HUMPHREY, JR. - Requesting a Map Change from a B-2 Neighborhood Business District to C- 1 General Commercial District to permit commercial development for Square 82, Lot A (or B-1), Oakdale Subdivision, in the Fifth Municipal District, bounded by Behrman and Summer Avenues and Donner Drive and Anson Street (3 & 5 Westbank Street). The recommendation of the City Planning Commission being ANO LEGAL MAJORITY@ .
PROPONENT: None
OPPONENT: None
CITY PLANNING COMMISSION: Karen Hilton, Assistant Director
After discussion, Councilmember Carter offered the following motion:
NO. M- 00 -202
BY: COUNCILMEMBER CARTER SECONDED BY: COUNCILMEMBER SAPIR
BE IT MOVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, That the request of HUGH E. HUMPHREY, JR. - ZONING PETITION NO. 5/00 - for a Map Change from a B-2 Neighborhood Business District to C- 1 General Commercial District to permit commercial development for Square 82, Lot A (or B- 1), Oakdale Subdivision, in the Fifth Municipal District, b ounded by Behrman and Summer Avenues and Donner Drive and Anson Street (3 & 5 Westbank Street), be, and the same is hereby denied.
THE FOREGOING MOTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF, AND RESULTED AS FOLLOWS: YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7
NAYS: 0
ABSENT: 0
AND THE MOTION WAS ADOPTED.
ZONING PETITION NO. 13/00 - SHIRLEY L. CORTEZ - Requesting a Map Change from an ARM-2 Multiple Family Residential District@ to a A B-1A Neighborhood Business District@ to permit a coffee house for Square 138, Lot E, in the Third Municipal District, bounded by Gallier, Desire, Royal and Chartres Streets (3401 Chartres Street). The recommendation of the City Planning Commission being AFOR APPROVAL@ .
PROPONENT:
None
OPPONENT:
None
CITY PLANNING COMMISSION:
Karen Hilton, Assistant Director
After discussion, Councilmember Carter offered the following motion:
NO. M- 00 -203
BY: COUNCILMEMBER CARTER
SECONDED BY: COUNCILMEMBER SAPIR
BE IT MOVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, That the report and favorable recommendation of the City Planning Commission on ZONING PETITION NO. 13/00 - SHIRLEY L. CORTEZ - Requesting a Map Change from an ARM- 2 Multiple Family Residential District@ to a AB- 1A Neighborhood Business District@ to permit a coffee house for Square 138, Lot E, in the Third Municipal District, bounded by Gallier, Desire, Royal and Chartres Streets (3401 Chartres Street), be, and the same is hereby upheld and the Map Change granted.
BE IT FURTHER MOVED, That a copy of the report of the City Planning Commission and of this motion be forwarded to the City Attorney's Office for the preparation of an ordinance to effectuate the Map Change.
THE FOREGOING MOTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF, AND RESULTED AS FOLLOWS:
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7 NAYS: 0
ABSENT: 0
AND THE MOTION WAS ADOPTED.
DESIGN REVIEW
OF THE EXECUTIVE DIRECTOR OF THE CITY PLANNING COMMISSION - Recommending approval of the request of RALPH H. LONG, for property located at 708- 710 Mandeville Street, for waiver of the maximum floor area ratio for a bed and breakfast historic home of City Council review and approval are required when r equests for waivers of floor area exceed thirty (30) percent. In this case, the request includes the following waiver: (DESIGN REVIEW NO. 3/00)
PERMITTED PROPOSED REQUESTED WAIVER
Floor Area 721 square feet 978 square feet 257 square feet
or 30% or 40.7% or 10.7%
Karen Hilton, Assistant Director, City Planning Commission, addressed the Council on the foregoing matter.
After discussion, Councilmember Carter offered the following motion:
NO. M- 00 -204 BY: COUNCILMEMBER CARTER SECONDED BY: COUNCILMEMBER SAPIR
BE IT MOVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, That the report and favorable recommendation of the City Planning Commission on Design Review No. 3/00 - RALPH H. LONG requesting a waiver of the maximum floor area ratio for a bed and breakfast historic home1 , for property located at 708- 710 Mandeville St., be and the same is hereby granted, subject to three (3) provisos:
REQUESTED PERMITTED PROPOSED WAIVER
Floor Area 721 square feet 978 square feet 257 square feet
or 30% or 40.7% or 10.7%
PROVISOS:
The applicant shall establish a litter abatement policy requiring the daily clearing of litter from the site and the adjacent public right- of - way and its cleaning with a watering hose as necessary. The pastor of the church shall be the contact person should a violation occur.
The use shall abide by the Supplemental Use Standards, define in Article 11, Section 11.8 of the Comprehensive Zoning Ordinance.
The signage shall be limited to a one (1) square foot sign.
BE IT FURTHER MOVED, That the Clerk of Council shall forward copies of this motion directly to all affected departments.
THE FOREGOING MOTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF, AND RESULTED AS FOLLOWS:
YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton, Thomas - 7 NAYS: 0 ABSENT: 0 AND THE MOTION WAS ADOPTED. City Council review and approval are required when requests for waivers of floor area exceed thirty (30) percent.
REGULAR ORDER OF BUSINESS RESUMED
SPECIAL ORDER OF BUSINESS
PRESENTATION
Marc H. Morial, Mayor has requested to address the City Council on his new housing initiative.
The following persons addressed the Council on the foregoing matter:
Philip M. Baptiste Marc H. Morial, Mayor
Marlon Gusman, CAO
After discussion, the foregoing report was declared received.
REPORT
OF THE CHIEF ADMINISTRATIVE OFFICER, THE EXECUTIVE DIRECTOR OF THE DIVISION OF HOUSING AND NEIGHBORHOOD DEVELOPMENT AND THE CITY ATTORNEY - Presenting a report to the City Council relative to the following:
1) The effect of blighted properties on the tax base of the City;
2) Current status of the City's inventory of blighted housing and programs that are currently in place to encourage the repair, renovation and/or development of these properties;
3) Whether the City=s programs to assist private individuals and not -for - profit organizations in the repair, renovation and/or development of these blighted properties addresses the merchantability of the title to these properties;
4) Whether a three year grace period from ad valorem taxes for persons renovating blighted properties is an advisable and workable incentive program to encourage private individuals to invest in blighted properties;
5) Any other rec ommendations for tax incentives or programs dealing with the repair, renovation and/or development of blighted, abandoned, distressed, or no- tax revenue producing immovable property. (Per R-99- 780).
At this time the Council took a 2 minute recess.
At 12:37 p.m., the Council reconvened their meeting.
On motion of Councilmember Sapir, seconded by Councilmember Singleton, and without objection, the rules of the Council were suspended for the purpose of advancing to Motions/Resolutions.
MOTIONS/RESOLUTIONS
(CONTINUED)
On motion of Councilmember Sapir, seconded by Councilmember Singleton, and without objection, the rules of the Council were further ed for the purpose of introducing and considering the following Motions/Resolutions received after the Counc il =s deadline.
NO. R-00-198 BY: COUNCILMEMBER SAPIR, SINGLETON, CARTER, CROSBY, JOHNSTON AND THOMAS
WHEREAS, the poet Keats wrote, A A thing of beauty is a joy forever: Its loveliness increases; It will never pass into nothingness @ ; and
WHEREAS, Keats had visions of Councilmember Ellen Hazeur in his descriptive writing, for she has lovingly, eloquently and elegantly represented District AE@ for the past 6 years having served her constituents with distinction and dedication; and
WHEREAS, over the years, Councilmember Hazeur has served as a member of the Lincoln Beach Task Force, the Orleans Parish Levee Board, the French Market Corporation, the New Orleans East Economic Development Foundation and many advisory boards and committees; and
WHEREAS, in participation with the various boards, she wisely invoked her academic assets having received a B.A. degree from Xavier University and a Juris Doctor Degree from Tulane University; and
WHEREAS, her warm and friendly manner endeared her to her peers and constituents and her in- depth inquiries into matters at Council meetings exhibited her knowledge of issues which would impact citizens throughout the community; and
WHEREAS, she is leaving the Council to accept the responsibilities of Clerk of First City Court where her innate and academic talents will serve as assets for this new challenge; now therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, that this Council expresses pleasure in having shared the dais with Councilmember Ellen Hazeur, and wishes her God =s blessings in her new role as Clerk of First City Court and all future endeavors.
THE FOREGOING RESOLUTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF, AND RESULTED AS FOLLOWS:
YEAS: Carter, Crosby, Johnston, Sapir, Singleton, Thomas - 6 NAYS: 0 ABSENT: 0 AND THE RESOLUTION WAS ADOPTED.
At this time (1:13 p.m.), Councilmember Hazeur-Distance resigned her position as Councilmember District A E@ . At 1:25 p.m Ms. Lula H. Breaux was appointed and sworn in as interim Councilmember for District AE@ .
NO. M- 00 -196 BY: COUNCILMEMBERS SAPIR, SINGLETON, CROSBY, THOMAS, CARTER AND JOHNSTON
WHEREAS, on March 15, 2000 District AE@ Councilmember Ellen Haz eur tendered her letter of resignation to the Secretary of State=s Office, indicating an effective date of 12:00 P.M., March 16, 2000; and
WHEREAS, pursuant to Section 3- 105 (2) (b) (ii) of the Home Rule Charter, during the period between the time of vacancy in the office of Council District AE@ and the filling of such vacancy by special election, the Council shall select a citizen with the requisite qualifications to fill the vacancy; and
WHEREAS, Lula Harris Breaux is more than qualified to execute the duties of the Office of Councilmember District A E@ and possesses the requisite qualifications dictated by Section 3 -104 of the Home Rule Charter; now, therefore
BE IT MOVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS That Lula Harris Breaux be and she is hereby appointed to fill the vacancy in the office of Councilmember District AE@ during the interim period reckoning from this date to the filling of the vacancy by special election, which election will be called by virtue of Resolution R-00- 195, to be adopted this date, March 16, 2000.
BE IT FURTHER MOVED That a certified copy of this motion be forwarded by the Clerk of Council to the Secretary of State in order that a commission for Councilmember- Select Lula Harris Breaux might be issued forthrightly.
T HE FOREGOING MOTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF, AND RESULTED AS FOLLOWS:
YEAS: Carter, Crosby, Johnston, Sapir, Singleton, Thomas - 6 NAYS: 0 ABSENT: 0 AND THE MOTION WAS ADOPTED. REGULAR ORDER OF BUSINESS RESUMED
ORDINANCES ON FINAL PASSAGE
(CONTINUED)
CAL. NO. 22,856 - BY: COUNCILMEMBERS SINGLETON AND SAPIR (BY REQUEST) - An Ordinance authorizing the sale to the Department of Transportation and Development of the State of Louisiana of nine (9) certain tracts or parcels of land situated in Jefferson Parish, Louisiana, which nine (9) tracts or parcels are designated as PARCEL NOS. 3- 2- 1, 3-2-2, 3- 6-1, 3- 6-2, 3-8- 1, 3- 8-2, 4- 1, 4- 2 and 4- 4 as shown on Sheet Nos. 3 and 4 on the property map for STATE PROJECT NO. 450- 15- 0090, F.A.P. NO. IM- 10-5(323)223, I- 10 WILLIAMS BOULEVARD INTERCHANGE (RAMP MODIFICATIONS), ROUTE I-10, JEFFERSON PARISH, prepared by R. P. Fontchuberta, Jr., dated January 14, 1998 and most recently revised June 1, 1998, and the temporary use of two t emporary construction servitudes over two certain tracts or parcels of land designated as PARCEL NOS. 4-1- C-1 and 4-1 -C-2 on the said Sheet Nos. 3 and 4 of the aforesaid map, all of the foregoing land, being no longer needed for the City=s public purposes but needed for State purposes, lies entirely in the Parish of Jefferson.
Councilmember Singleton offered the following amendment:
AMENDMENTS TO ORDINANCE CALENDAR NO. 22,856
CITY HALL: March 16, 2000 BY: COUNCILMEMBERS SINGLETON AND SAPIR
1. On page 1, on line 2 thereof, delete the phrase ADirector of Property Management, or a person designated by him,@ and in lieu thereof, insert the words A Mayor of the City of New Orleans @ .
2. On page 1, on line 4 thereof, after the words AState of Louisiana@ add A(ALADOTD@ )@ .
3. On page 3, on lines 74 and 75 thereof, delete the phrase Athence proceed S03 °44’10W @ a distance of 33.72 feet to a point and corner;@
4. On page 3, on line 87 thereof, after the words A a distance 337.84 feet@ , add the phrase A to a p oint and corner; thence proceed N03°44’10"E a distance of 33.72 feet@ .
5. On page 3, immediately following the description of Parcel No. 4-4, and before Section 2 begins, add the following two sentences:
AThe City shall reserve all subsurface oil and gas minerals with respect to all of the foregoing property, the City=s ownership of said minerals being imprescriptible so long as LADOTD holds title to the property described above in accordance with La. R.S. 31:149.A. However, notwithstanding that reservation, the City will agree not to engage in drilling on the surface of any of the foregoing property.@
6. On page 3, on line 3 thereof, delete the phrase ADirector of Property Management, or a person designated by him,@ and in lieu thereof, insert the words A Mayor of the City of New Orleans @ .
7. On page 4, on line 4 of SECTION 1 thereof, delete the phrase Athe Department@ and in lieu thereof, insert the text A LADOTD@ .
8. On page 4, on line 6 of SECTION 2 thereof, after the words Abeginning on@ add the words Athe earlier of the date on which a Work Order is issued to LADOTD=s contractor for construction of said project or the first anniversary of @ .
9. On page 4, on line 7 of SECTION 2 thereof, after the words A over and across the@ delete the word Atow@ and in lieu thereof, insert the word A two.@
10. Page 4, at line 38 thereof, immediately following the description of Parcel No. 4- 1-C-2, add a new section to be numbered Section 3, to read as follows:
ASECTION 3. LADOTD shall have an option t o extend the term of the aforesaid temporary construction servitudes for a period of one year immediately following expiration of the three year term authorized herein, upon payment to the City of the sum of SIX THOUSAND EIGHT HUNDRED TWENTY-EIGHT AND NO/1 00 ($6828) DOLLARS on or before the first day of said one year period.
11. On page 4, immediately following new Section 3 added pursuant hereto, add a new Section 4, to read as follows:
SECTION 4. The City shall reserve all subsurface oil and gas mineral s with respect to Parcels No. 4-1-C -1 and 4-1- C-2, the City=s ownership of said minerals being imprescriptible so long as said Parcels No. 4-1- C-1 and 4- 1-C- 2 are subject to the aforesaid temporary servitudes, in accordance with La. R.S. 31:149.A. However, the City will agree not to engage in drilling on the surface of either of said Parcels No. 4- 1-C- 1 and 4- 1-C- 2 during the term of the temporary servitudes authorized herein, as said term may be extended as authorized herein.
12. On page 4, on line 1 SECTION 3 thereof, after the word ASECTION@ delete the numeral A3@ and in lieu thereof, insert the numeral A 5@ .
13. On page 5, on line 1 SECTION 4 thereof, after the word ASECTION@ delete the numeral 4 and in lieu thereof, insert the numeral A 6@ .
14. On pag e 5, on line 1 SECTION 5 thereof, after the word ASECTION@ delete the numeral 5 and in lieu thereof, insert the number A7@ ; and after the words A of the sale of @ insert the words, A and granting of temporary servitudes on,@ .
15. On page 5, on line 1 and 2 of SECTION 5 thereof, delete the words A in Section 1@ and in lieu thereof, insert the word above@ .
16. On page 5, after line 2 of SECTION 5 thereof, add a new Section 8, to read as follows:
ASECTION 8. The sale and granting of temporary servitudes authorized herein must be approved by, and are conditioned on the approval of, the Federal Aviation Administration. The deeds of conveyance to be executed pursuant hereto (including without limitation a Deed of Release by and with the FAA) shall contain s uch restrictions on the use of the property described above as the FAA shall require.@
17. On page 5, on line 1 of SECTION 6 thereof, after the word ASECTION@ delete the numeral A6@ and in lieu thereof, insert the numeral A 9@ .
18. On page 5, on line 3 of SECTION 6 thereof, delete the words Ain Section 1@ and in lieu thereof, insert the words A above, and the FAA Deed of Release described in Section 8 above, said deeds and Deed of Release to contain such terms and conditions as are consistent with this ordinance that the Mayor, in his discretion, may deem advisable or necessary to include in said deeds and Deed of Release.@
19. On page 5, on lines 3 and 4 SECTION 6 thereof, delete the sentence ASaid sale to be without warranty, even for the return of the p urchase price, but with full substitution.@ and in lieu thereof, insert the following text: ASaid sale of property will be with full substitution and subrogation to all of the City=s rights and actions of warranty; will be with warranty of title except that the City shall make no warranties with respect to mineral rights, restrictions of record, or matters that would be disclosed on a current survey; and will be without any other warranty or representation whatsoever; said sale to be made on an A as is, wher e is @ basis.@
After discussion, Councilmember Singleton moved adoption of the foregoing amendment.
ROLL CALL: YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton - 6 NAYS: 0 ABSENT: Thomas - 1 AND THE ORDINANCE WAS ADOPTED.
After further discussion, Councilmember Singleton moved adoption of the foregoing ordinance, as amended.
ROLL CALL: YEAS: Carter, Crosby, Hazeur-Distance, Johnston, Sapir, Singleton - 6 NAYS: 0 ABSENT: Thomas - 1 AND THE ORDINANCE, AS AMENDED, WAS ADOPTED.
COMMUNICATIONS
FROM LLOYD LAZARD - Requesting to address the City Council about the money received from the law suit of Thompson Hayward Chemical Company in Gert Town.
Received and referred to the City Attorney and the CAO.
FROM RAYMOND AVIST - Requesti ng to address the City Council concerning S&WB 30% rate increase and some other City problems.
Received and referred to District Councilmember.
On motion of Councilmember Sapir, seconded by Councilmember Singleton, and without objection, the rules of the Council were ed for the purpose of introducing and considering the following Communication received after the Council= s deadline.
FROM LEON RADKOVICH - Requesting to appeal the decision of HDLC requiring him to remove his security door for property located at 507 Elmira Avenue.
Received. Hearing date set for April 6, 2000.
ORDINANCE ON FIRST READINGS
On motion of Councilmember Sapir, seconded by Councilmember Singleton, and without objection, the rules of the Council were ed for the purpose of introducing and receiving the following Ordinances on first readings received after the Council =s deadline.
CAL. NO. 22,992 - BY: COUNCILMEMBERS SINGLETON, SAPIR, HAZEUR- DISTANCE AND CARTER (BY REQUEST) - An Ordinance to amend Ordinance No. 19,475 M.C.S., as amended entitled AAn Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2000,@ to appropriate State grant funds from Intergovernmental Transfers to the Department of Health, Women, Infants & Children (WIC) Program.
CAL. NO. 22,993 - BY: COUNCILMEMBERS SINGLETON, SAPIR, HAZEUR- DISTANCE AND CARTER (BY REQUEST) - An Ordinance to amend Ordinance No. 19,476 M.C.S., as amended entitled AAn Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2000,@ to appropriate State grant funds from Intergovernmental Transfers to the Department of Health, Women, Infants & Children (WIC) Program.
CAL. NO. 22,994 - BY: COUNCILMEMBERS SINGLETON, HAZEUR - DISTANCE, SAPIR AND CARTER (BY REQUEST) - An Ordinance to amend Ordinance No. 19,475 M.C.S., as amended entitled A An Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2000,@ to appropriate funds from Intergovernmental Transfers to Miscellaneous Programs, Economic Development Fund.
CAL. NO. 22,995 - BY: COUNCILMEMBERS SINGLETON, HAZEUR - DISTANCE, SAPIR AND CARTER (BY REQUEST) - An Ordinance to amend Ordinance No. 19,476 M.C.S., as amended entitled A An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2000,@ to appropriate funds to Miscellaneous Programs, Ec onomic Development Fund.
CAL. NO. 22,996 - BY: COUNCILMEMBERS THOMAS, SAPIR AND SINGLETON (BY REQUEST) - An Ordinance to create an Economic Development District, consisting of all properties that have been declared Blighted Property, for the purpose of gr anting property owners who develop existing structures in the district the right to pay ad valorem taxes based upon the assessed valuation of the property prior to the commencement of the development, pursuant to R.S.47:4311- 4319; and otherwise to provide with respect thereto.
CAL. NO. 22,997 - BY: COUNCILMEMBER CARTER - An Ordinance to amend and reordain Section 162 -1 and Section 162- 151 of Ordinance Number 17,271 M.C.S., as amended (the Code of the City of New Orleans), by adding a new term, commuter shuttle vehicle, to the Definitions Section, and to regulate commuter shuttle vehicle transportation respectively, and otherwise provide with respect thereto.
CAL. NO. 22,998 - BY: COUNCILMEMBER THOMAS - An Ordinance to temporarily waive certain permit requirements in conjunction with The Freret Street Festival, which has been officially sponsored and sanctioned by the nonprofit group, Neighborhood Housing Services of New Orleans, Inc.; to specify duration and location of said waiver; and to provide otherwise with respect thereto.
CAL. NO. 22,999 - BY: COUNCILMEMBER CROSBY - An Ordinance authorizing the revocation of dedication and the sale at public auction of a portion of Florida Avenue (not open) adjacent to Square 1955 & 2118 and between Paris Avenue and a private road (Dugue), with all improvements and appurtenances thereon, all in the Third Municipal District, no longer needed for public purposes.
CAL. NO. 23,000 - BY: COUNCILMEMBER SAPIR - An Ordinance to amend Ordinance Number 19,476 M.C.S., as amended, entitled A An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2000,@ to transfer funds within the budget of the City Council.
CAL. NO. 23,001 - BY: COUNCILMEMBER SAPIR (BY REQUEST) - An Ordinance to amend the Code of the City of New Orleans by repealing Section 154-867, relative to prohibiting the stopping or parking of a vehicle in passenger curb loading zone for longer than three (3) minutes; and otherwise to provide with respect thereto.
CAL. NO. 23,00 2 - BY: COUNCILMEMBERS SAPIR AND SINGLETON (BY REQUEST) - An Ordinance authorizing the Mayor of the City of New Orleans through the New Orleans Aviation Board (ALessor@ ), to enter into a newly negotiated Airline Operating Agreement and Terminal Building Lease with the Signatory Airlines (ALessee@ ) at the New Orleans International airport (A Airport@ ), and to otherwise provide with respect thereto.
CAL. NO. 23,003 - BY: COUNCILMEMBER CROSBY - An Ordinance to amend and reordain Ordinance No. 4264 M.C.S., as amended by Ordinance No. 16,976 M.C.S. of the City of New Orleans, by amending Article 5, Section 5.7.3 to classify Aretail uses greater than 25,000 square feet in floor area@ as a permitted use in the C- 1 General Commercial District, Article 5, Section 5.9.3 to classify Aretail uses greater than 25,000 square feet in floor area@ as a permitted use in the C- 2 General Commercial District, Article 7, Section 7.3.3 to classify Aretail uses greater than 25,000 square feet in floor area@ as a permitted use in the LI Light Industrial District, Article 7, Section 7.3.3 to classify Aretail uses greater than 25,000 square feet in floor area@ as permitted use in the HI Heavy Industrial District, Article 5, Section 5.8.3 to classify Aretail uses greater than 25,000 square feet in floor area@ as a conditional use in the C- 1A General Commercial District, to amend Article 11, Section 11 to establish Supplemental Use Standards for such uses; and to otherwise provide with respect thereto.
CAL. NO. 23,004 - BY: COUNCILMEMBER THOMAS - An Ordinance to temporarily waive certain permit requirements in conjunction with the relocation, renovation, and improvements to structures located at 1716 Baronne Street, 1804 Baronne Street, 1816-18 Baronne Street, 1743 Carondelet Street, 1638 Polymnia Street, 1727 Polymnia Street, 1716 Euterpe Street, 1720 Euterpe Street, 1637 Felicity Street, and to provide otherwise with respect thereto.
CAL. NO. 23,005 - BY: COUNCILMEMBERS SAPIR, CARTER, THOMAS AND JOHNSTON (BY REQUEST) - An Ordinance grant ing a non- exclusive Franchise to Enron Communications, Inc., to construct, maintain, and operate a wireline telecommunications system, to provide for the furnishing of a surety bond, annual payments, and otherwise to provide with respect thereto.
CAL. NO. 23,006 - BY: COUNCILMEMBERS SAPIR, CARTER, THOMAS AND JOHNSTON (BY REQUEST) - An Ordinance to amend Ordinance No. 19,475 M.C.S., as amended entitled AAn Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2000,@ to roll over and appropriate funds from the Municipal Endowment Fund (cable access) to the City Council.
CAL. NO. 23,007 - BY: COUNCILMEMBERS SAPIR, CARTER, THOMAS AND JOHNSTON (BY REQUEST) - An Ordinance to amend Ordinance No. 19,476 M.C.S., as amended entitled AAn Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2000,@ to appropriate funds from the Municipal Endowment Fund (cable access) to the City Council.
CAL. NO. 23,008 - BY: COUNCILMEMBERS SAPIR, CARTER, CROSBY AND HAZEUR-DISTANCE - An Ordinance to amend Ordinance No. 19,476 M.C.S., as amended entitled AA n Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2000,@ to appropriate funds from Reserves for Contingencies to the Office of the First District Assessor to facilitate the administration and operations of t he office.
CAL. NO. 23,009 - BY: COUNCILMEMBERS SAPIR AND CARTER (BY REQUEST) - An Ordinance to amend Ordinance No. 19,475 M.C.S., as amended entitled AAn Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2000,@ to appropriate funds from payment in lieu of taxes from the Greystar Project to the Office of the First District Assessor to facilitate the administration and operations of the office.
THE FOREGOING ORDINANCE WERE LAID OVER AS REQUIRED BY LAW.
There bein g no further business, on motion of Councilmember Carter, seconded by Councilmember Sapir, and without objection, the Council meeting adjourned at 1:39 p.m., subject to call.
Emma J. Williams
CLERK OF COUNCIL jlmh