Minutes of the Regular Meeting of the Council of the City of New Orleans Held in the Council Chamber, City Hall Thursday, July 2, 2009 at 10:25 A.M

MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF NEW ORLEANS HELD IN THE COUNCIL CHAMBER, CITY HALL THURSDAY, JULY 2, 2009 AT 10:25 A.M.

The Council of the City of New Orleans met this day in Regular Session, at 10:25 A.M., in the Council Chamber, City Hall, Council President, Annie Fielkow, presiding.

On calling the roll, the following members answered to their names:

PRESENT: CARTER CLARKSON (VICE PRESIDENT) FIELKOW (PRESIDENT) HEAD WILLARD-LEWIS

ABSENT: HEDGE-MORRELL (ARRIVED LATER IN MEETING), MIDURA

FIVE MEMBERS PRESENT, CONSTITUTING A QUORUM.

ROLL CALL PEGGY LEWIS CLERK OF COUNCIL

INVOCATION REV. MOTHER RUBY CHILDS STAR OF HOPE WOMEN‟S MINISTRIES PRESENTATION OF COLORS

PLEDGE OF ALLEGIANCE TO THE FLAG CYNTHIA WILLARD-LEWIS COUNCILMEMBER DISTRICT “E”

NATIONAL ANTHEM

REV. DR. NORWOOD THOMPSON, JR. CITY COUNCIL CHAPLAIN

APPROVAL OF MINUTES

The reading of the Journal of the Proceedings of the Meetings of June 4, 2009, and June 18, 2009, were dispensed with, and the Journals were approved as transcribed.

SPECIAL ORDERS OF BUSINESS

FIRST ORDER - MOTION

NO. M-09-322 BY: COUNCILMEMBERS FIELKOW AND CLARKSON

WHEREAS, on November 20, 2008, the City Council adopted Motion M-08-613, establishing its regular meeting for 2009; and

WHEREAS, because three Councilmembers will be out of town on July 16, 2009, it has become necessary to reschedule the Council‟s second regular meeting in July, 2009 from July 16, 2009 to July 23, 2009; now, therefore

BE IT MOVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS That Motion M-08-613, is hereby amended to read as follows:

“WHEREAS, it is in the public interest that the Council give as much advance notification of its regular meetings as is possible; now therefore

BE IT MOVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, That Rule 1 of the Rules and Regulations of the City Council is hereby suspended, and that the Regular Council Meeting schedule for the year 2009 shall be as follows:

REGULAR MEETINGS

THURSDAY, JANUARY 8, 2009 10:00 A.M. THURSDAY, JANUARY 22, 2009 10:00 A.M. THURSDAY, FEBRUARY 5, 2009 10:00 A.M. THURSDAY, FEBRUARY 19, 2009 10:00 A.M. THURSDAY, MARCH 5, 2009 10:00 A.M. THURSDAY, MARCH 19, 2009 10:00 A.M. THURSDAY, APRIL 2, 2009 10:00 A.M. THURSDAY, APRIL 23, 2009 10:00 A.M. THURSDAY, MAY 7, 2009 10:00 A.M. THURSDAY, MAY 21, 2009 10:00 A.M. THURSDAY, JUNE 4, 2009 10:00 A.M. THURSDAY, JUNE 18, 2009 10:00 A.M.

2 THURSDAY, JULY 2, 2009 10:00 A.M. THURSDAY, JULY 23, 2009 10:00 A.M. THURSDAY, AUGUST 6, 2009 10:00 A.M. THURSDAY, AUGUST 20, 2009 10:00 A.M. THURSDAY, SEPTEMBER 3, 2009 10:00 A.M. THURSDAY, SEPTEMBER 17, 2009 10:00 A.M. THURSDAY, OCTOBER 1, 2009 10:00 A.M. THURSDAY, OCTOBER 15, 2009 10:00 A.M. THURSDAY, NOVEMBER 5, 2009 10:00 A.M. THURSDAY, NOVEMBER 19, 2009 10:00 A.M. TUESDAY, DECEMBER 1, 2009 10:00 A.M. THURSDAY, DECEMBER 17, 2009 10:00 A.M.”

THE FOREGOING MOTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF AND RESULTED AS FOLLOWS: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE MOTION WAS ADOPTED.

SECOND ORDER - PRESENTATION

CHAD SHINN, EXECUTIVE OFFICER OF THE BOARD AND STEVE MARTIN, SENIOR VP OF COMMUNICATIONS AND PUBLIC AFFAIRS, FOR THE NEW ORLEANS HORNETS - Congratulating the New Orleans Hornets on a second consecutive playoff season.

Appeared. THIRD ORDER – PRESENTATION

MAJOR BOB BARDY, OF THE NEW ORLEANS POLICE DEPARTMENT (NOPD), 6TH DISTRICT - Acknowledging Major Bardy‟s Capital One Bank Keller Award for Innovation from BGR.

Appeared.

COMMUNICATIONS

FROM JEROME SMITH, TAMBORINE & FAN, INC. - Requesting to address the New Orleans City Council to discuss FEMA as it relates to supplies for the children that were lost because of Hurricane Katrina.

Appeared.

On motion of Councilmember Fielkow, seconded by Councilmember

3 Clarkson, and without objection, the rules of the Council were suspended for the purpose of introducing and considering communications received after the Council‟s deadline.

FROM GAIL MARTIN – Requesting to address the Council regarding persons using hustles as a means to profit.

Received. Referred to the Criminal Justice Committee.

FROM TRACIE L. BOUTTE, VICE PRESIDENT, REGULATORY AND GOVERNMENTAL AFFAIRS, ENTERGY NEW ORLEANS, INC. - Submitting a copy of the report filed with the Securities and Exchange Commission detailing the Regulated Utilities‟ proportionate share of the consolidated total Entergy‟s assets, operating and maintenance expenses for the quarter ended March 30, 2009 (per Council Resolution R-98-187)

Received.

CONSENT AGENDA

REPORTS

OF THE EXECUTIVE DIRECTOR OF THE CITY PLANNING COMMISSION - Recommending “Approval” of the request by VOB DEVELOPMENT LLC AND OLD MORRISON PARTNERS LP for a resubdivision of Lot E-2A, LaKratt Tract, Section 27, into Square 1, Lots 1 through 22 and Square 2, Lots 1 through 16, in the Third Municipal District, bounded by Morrison Road, Jahncke Canal, Gannon Canal and North Lake Carmel Drive, subject to two (2) waivers and nine (9) provisos. (SD #29/09).

Received. Hearing date set for 7/2/09.

OF THE EXECUTIVE DIRECTOR OF THE CITY PLANNING COMMISSION - Transmitting Zoning Docket Numbers 44/09 – Cn. Willard-Lewis, Council Deadline 7/31/09; 48/09 - Cn. Willard-Lewis, 49/09 – Cn. Midura, 50/09 – Cn. Head, Cn. Deadline 9/1/09; 51/09 – Cn. Midura, 52/09 – Cn. Head, 53/09 – All Councilmembers, 54/09 – Cn. Head, 56/09 – Cn. Head, and 57/09 – Cn. Head, Council Deadline 9/15/09.

Received. Hearing date set for 7/23/09.

Property Acquisition 1/09 For Information Purposes Only: – City of New Orleans Acquisition of 935 Gravier Street, 919 Gravier Street and 218 O‟Keefe Avenue in Square 265, 1st Municipal

4 District. The area is generally bounded by Gravier Street, O‟Keefe Avenue, Common and Baronne Streets (see attachment). In accordance with Section 6-302 subsection 3 of the City Charter, the City Planning Commission has been requested to consider the property acquisition of the aforementioned properties for use as a public facility for a new City Hall. The City would like to relocate the governmental agencies currently in City Hall and the other public offices renting space at 1340 Poydras Street (Amoco Building) to the newer Chevron properties located on Gravier Street and O‟Keefe Avenue. (Cn. Head, Cn. Deadline 7/2/09).

Received. Hearing date set for 7/2/09.

OF THE MAYOR‟S OFFICE/DIVISION OF ECONOMIC DEVELOPMENT - Recommending approval of the Restoration Tax Abatement request for:

RTA #061674 – 1610 Robert E. Lee Boulevard – Cn. Hedge-Morrell). RTA #061679 – 1674-76 Abundance Street – Cn. Hedge-Morrell. RTA #061680 – 1678-80 Abundance Street – Cn. Hedge-Morrell. RTA #061681 – 2939-41 Bruxelles Street – Cn. Hedge-Morrell. RTA #061683 – 1765 N. Tonti Street – Cn. Hedge-Morrell. RTA #061684 – 1337-39 Bartholomew Street – Cn.Carter. RTA #061971 - 2521 Cleveland Avenue – Cn. Head. RTA #061972 – 334-36 S. Dorgenois Street – Cn. Head. RTA #061973 – 217 S. Johnson Street – Cn. Head. RTA #061975 – 2123 Palmyra Street – Cn. Head.

Received. Hearing date set for 7/23/09.

OF THE MAYOR‟S OFFICE/DIVISION OF ECONOMIC DEVELOPMENT - Making “no recommendation” on the Restoration Tax Abatement request for:

RTA #2003-0587-89 (Transfer) – 1314 Napoleon Avenue – Cn. Head.

Received. Hearing date set for 7/23/09.

ORDINANCES ON FINAL PASSAGE

CAL. NO. 27,504 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,332 M.C.S., as amended, entitled "An Ordinance Providing a Capital Budget for the year 2009", to effect the following changes to the 2009 Capital Budget. The changes appropriate federal funds from the Hurricane Katrina disaster to the New

5 Orleans Fire Department, New Orleans Police Department, Department of Property Management, New Orleans Recreation Department, Department of Parks and Parkways, New Orleans Library, and New Orleans Museum of Art for multiple rebuilding projects. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,507 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,333 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2009" to appropriate Federal grant funds from Intergovernmental transfers to Office of the Mayor, Office of Homeland Security, Urban Area Security grant. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,508 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,334 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2009" to appropriate Federal grant funds from Intergovernmental transfers to Office of the Mayor, Office of Homeland Security, Urban Area Security grant. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,509 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,333 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2009" to appropriate Housing & Urban Development grant funds from Intergovernmental transfers to the Department of Miscellaneous, Division of Neighborhood 1, Emergency Shelter

6 Grant. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,510 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,334 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2009" to appropriate Housing & Urban Development grant funds from Intergovernmental transfers to the Department of Miscellaneous, Division of Neighborhood 1, Emergency Shelter Grant. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,511 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,333 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2009" to appropriate Housing & Urban Development grant funds from Intergovernmental transfers to the Department of Miscellaneous, Division of Neighborhood 1, Home Investment Partnership. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,512 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,334 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2009" to appropriate Housing & Urban Development grant funds from Intergovernmental transfers to the Department of Miscellaneous, Division of Neighborhood 1, Home Investment Partnership. ROLL CALL:

7 YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,513 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,333 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2009" to appropriate Housing & Urban Development grant funds from Intergovernmental transfers to the Department of Miscellaneous, Division of Neighborhood 1, Housing Opportunities for Persons with Aids (HOPWA) grant. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,514 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,334 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2009" to appropriate Housing & Urban Development grant funds from Intergovernmental transfers to the Department of Miscellaneous, Division of Neighborhood 1, Housing Opportunities for Persons with Aids (HOPWA) grant. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,515 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,333 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2009" to appropriate State Grant Funds from Intergovernmental transfers to the Department of Miscellaneous, Division of Neighborhood 1, Parish Recovery Planning grant. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0

8 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,516 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,334 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2009" to appropriate State Grant Funds from Intergovernmental transfers to the Department of Miscellaneous, Division of Neighborhood 1, Parish Recovery Planning grant. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

At this time Councilmember Fielkow moved to withdraw Calendar Number 27,519 from the regular agenda to place on the consent agenda.

Seconded by Councilmember Clarkson.

CAL. NO. 27,519 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,334 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2009" to transfer funds the Chief Administrative Office to the Department of Police for summer overtime. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,523 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,333 M.C.S., as amended entitled "An Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2009" to appropriate an increase in State Grant funds from Intergovernmental Transfers to the Department of Health, for the Primary Care Access and Stabilization Program. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0

9 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,524 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,334 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2009" to appropriate an increase in State Grant funds to the Department of Health, for the Primary Care Access & Stabilization Program. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,525 - BY: COUNCILMEMBERS MIDURA AND HEAD - An Ordinance to provide for the establishment of a Conditional Use to permit the sale of alcoholic beverages with meals in an existing standard restaurant in a B-1 Neighborhood Business District, on Square 1553, Lot A-2, in the Third Municipal District, bounded by Esplanade Avenue, Grand Route St. John, Ponce de Leon and N. Lopez Streets (Municipal Address: 3125 Esplanade Avenue); and otherwise to provide with respect thereto. (ZONING DOCKET NO. 101/07) ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,526 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON - An Ordinance to amend Ordinance Number 23,333 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2009" to appropriate funds from Fund Balance to the Office of District Attorney. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,527 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW,

10 HEAD AND CLARKSON - An Ordinance to amend Ordinance Number 23,334 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2009" to appropriate funds from Fund Balance to the Office of District Attorney. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,532 – BY: COUNCILMEMBER FIELKOW - An Ordinance to amend Ordinance Number 23,334 M.C.S., as amended, entitled “An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2009” to transfer funds within the budget of the Council. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,535 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,333 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2009" to appropriate Federal grant funds from Intergovernmental transfers to the Chief Administrative Office, Office of Emergency Preparedness, Metropolitan Medical Response System. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,536 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,334 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2009" to appropriate Federal grant funds from Intergovernmental transfers to the Chief Administrative Office, Office of Emergency Preparedness, Metropolitan Medical Response System.

11 ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,537 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,333 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2009" to appropriate State Grant Funds from Intergovernmental transfers to the Chief Administrative Office, Office of Emergency Preparedness for GOHSEP Grant. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,538 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,334 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2009" to appropriate State Grant Funds from Intergovernmental transfers to the Chief Administrative Office, Office of Emergency Preparedness for GOHSEP grant. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,539 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,333 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2009" to appropriate Federal grant funds from Intergovernmental transfers to the Office of the Mayor, Division of Neighborhood 1 for Homeless Prevention & rapid Re-Housing Program through American Recovery and Reinvestment Act. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0

12 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,540 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,334 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2009" to appropriate Federal grant funds from Intergovernmental transfers to the Office of the Mayor, Division of Neighborhood 1 for Homeless Prevention & rapid Re-Housing Program through American Recovery and Reinvestment Act. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,541 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,333 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2009" to appropriate Federal grant funds from Intergovernmental transfers to the Office of the Mayor, Division of Neighborhood 1 for Community Development Block Grant Recovery program. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,542 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,334 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2009" to appropriate Federal grant funds from Intergovernmental transfers to the Office of the Mayor, Division of Neighborhood 1 for Community Development Block Grant Recovery program. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

13 CAL. NO. 27,543 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,333 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2009" to appropriate State Grant funds from Intergovernmental Transfers to the Department of Health, Emergency Medical Services for the HHS Hospital Preparedness Grant (formerly Bio Terrorism Preparedness Program). ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,544 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,334 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2009" to appropriate State Grant funds from Intergovernmental Transfers to the Department of Health, Emergency Medical Services for the HHS Hospital Preparedness Grant (formerly Bio Terrorism Preparedness Program). ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,545 – BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,333 M.C.S., as amended, entitled “An Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2009” to appropriate grant funds from Intergovernmental Transfers to the Department of Police, Law Enforcement Technology. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,546 – BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,334 M.C.S., as amended, entitled “An Ordinance Providing

14 an Operating Budget of Expenditures for the City of New Orleans for the Year 2009” to appropriate grant funds to the Department of Police, Law Enforcement Technology. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,547 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,333 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2009" to appropriate Federal Grant funds from Intergovernmental Transfers to the Department of Health, for the Healthcare for the Homeless Program. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,548 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,334 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2009" to appropriate Federal Grant funds from Intergovernmental Transfers to the Department of Health, for the Healthcare for the Homeless Program. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

At this time Councilmember Fielkow moved to withdraw Calendar Number 27,549 from the consent agenda and place on the regular agenda. The purpose being to continue the ordinance to the meeting of 7/23/09.

Seconded by Councilmember Clarkson.

CAL. NO. 27,558 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance

15 No. 23,332 M.C.S., as amended, entitled "An Ordinance Providing a Capital Budget for the Year 2009", to effect the following changes to the 2009 Capital Budget. The changes transfer Bond funds from the Department of Property Management to the Chief Administrative Office for the Energy Management Project. ROLL CALL: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE ORDINANCE WAS ADOPTED.

MOTIONS/RESOLUTIONS

NO. R-09-317 BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON

WHEREAS, the City Council retained the audit firm Postlethwaite & Netterville (P&N) to conduct the city‟s 2008 annual financial audit; and

WHEREAS, the Louisiana Legislative Auditor requires the City to submit a completed Louisiana Compliance Questionnaire that must be adopted by resolution of the governing authority; and

WHEREAS, the Department of Finance has completed the Louisiana Compliance Questionnaire which is signed by the Mayor and has submitted the completed Questionnaire to the City Council; now therefore

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, That the City Council approves the completed Louisiana Compliance Questionnaire prepared by the Department of Finance as part of the 2008 annual audit.

BE IT FURTHER RESOLVED, That the Clerk of Council shall forward a certified copy of this resolution to the Louisiana Legislative Auditor, Postlethwaite & Netterville, Director of Finance and the Council Fiscal Office.

THE FOREGOING RESOLUTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF AND RESULTED AS FOLLOWS: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE RESOLUTION WAS ADOPTED.

16 COMMUNICATIONS

FROM VERONICA WHITE, DIRECTOR DEPARTMENT OF SANITATION - Submitting a copy of the May 2009 monthly documents from Richard‟s Disposal, Inc., as required by Ordinance No. 23,378.

Received.

FROM KEMP JOHNSON - Requesting to appeal the Historic District Landmarks Commission‟s decision of “denial” of the retention of the surface mounted vinyl windows, with reduced openings at the side elevations for property located at 3040 Marias Street.

Received. Hearing date set for 7/23/09.

FROM CHRISTOPHER B. EDWARDS, ATTORNEY AT LAW, REPRESENTING KERMIT MARONGE - Requesting to appeal the Historic District Landmarks Commission‟s decision of “denial” of the retention of metal shutters at the single story portion of the building, a total of ten (10) windows at the front and side elevations for property located at 216 Olivier Street.

Received. Hearing date set for 7/23/09.

FROM LURA C. DIXON - Requesting to appeal the Neighborhood Conservation District Committee‟s decision of “denial” of the demolition of property located at 5418 General Diaz Street.

Received. Hearing date set for 7/23/09.

FROM TRACIE L. BOUTTE, VICE PRESIDENT, REGULATORY AND GOVERNMENTAL AFFAIRS, ENTERGY NEW ORLEANS, INC. - In accordance with Paragraph B of Schedule FAC-4 (Fuel Adjustment Clause) implemented pursuant to Council Resolution R-09-136, submitting notification that the Company‟s preliminary calculation of the July 2009 Fuel Adjustment Clause (“FAC”) factor is $0.039997/kWh which would be greater than twenty-five percent (25%) increase over the actual June 2009 FAC factor of $0.014098/kWh.

Received.

FROM VERONICA WHITE, DIRECTOR DEPARTMENT OF SANITATION - Submitting a copy of the May 2009 monthly documents from Metro Disposal, Inc., as required by Ordinance No. 23,378.

Received.

17 FROM TRACIE L. BOUTTE, VICE PRESIDENT, REGULATORY AND GOVERNMENTAL AFFAIRS, ENTERGY NEW ORLEANS, INC. - Informing the Council that the ELL FAC is $0.0318/k Wh, and the EGSL FAC is $0.03402/kWh, Pursuant to Rate Schedule FAC-4, Approved by Council Resolution R-09-136, Requiring Notification of a 25% or Greater Increase in the Monthly Electric Fuel Adjustment. The final calculation of the July 2009 ENO FAC is $0.040022/kWh.

Received.

SPEAKER: Sandra Wheeler Hester

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

REGULAR AGENDA

REPORTS

On motion of Councilmember Head, seconded by Councilmember Fielkow, and without objection, the rules of the Council were suspended for the purpose of introducing and considering the following report received after the Council‟s deadline.

BILL CHRISMAN, DIRECTOR OF CAPITAL PROJECTS - Updating the Council on the status of blight at Cut-Off Playground and Center in Algiers.

Appeared.

SPEAKERS: PROPONNENTS Joseph Taylor OPPONENTS None INFORMATION ONLY Joseph Taylor Sandra Hester

On motion of Councilmember Carter, seconded by Councilmember Hedge-Morrell, and without objection, the rules of the Council

18 were suspended for the purpose of introducing and considering the following motions/resolution received after the Council‟s deadline MOTION

NO. M-09-329 BY: COUNCILMEMBER CARTER

Directing Property Management to replace the air conditioning at the Cut-Off Gym under emergency procedures.

Councilmember Fielkow moved to suspend the rules of the Council for the purpose of introducing and considering the foregoing motion received after the Council‟s deadline.

Seconded by Councilmember Clarkson.

ROLL CALL VOTE: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1

After further discussion, Councilmember Carter moved adoption of the following motion:

NO. M-09-329 BY: COUNCILMEMBER CARTER SECONDED BY: COUNCILMEMBER HEDGE-MORRELL

BE IT MOVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, that the New Orleans City Council hereby directs Property Management to replace the air conditioning at the Cut-Off Gym under emergency procedures.

On motion of Councilmember Fielkow, seconded by Councilmember Clarkson, and without objection, the rules of the Council were suspended for the purpose of advancing to Motions/Resolutions.

19 MOTIONS/RESOLUTIONS (Continued)

NO. R-09-306 BY: COUNCILMEMBERS CLARKSON, FIELKOW, MIDURA, HEAD, CARTER, HEDGE-MORRELL AND WILLARD-LEWIS

WHEREAS, we commend Senator Barbara Boxer, chairwoman of the influential Senate Environment and Public Works Committee, for graciously taking up our cause, and agreeing to push for stand- alone legislation to make Option 2A a reality; and

WHEREAS, we commend Senator Mary Landrieu for including the lead counsel of the Environment and Public Works Committee on an information gathering mission to the Netherlands that was designed to inform her colleagues and other interested parties about the necessity for comprehensive flood protection; and

WHEREAS, many local, state, and national experts agree that Option 2A, which includes “Pump to the River,” will offer a far superior level of tropical storm and hurricane flood protection; and

WHEREAS, the U.S. Army Corps of Engineers has stated on its own accord that Option 2A is a better plan than Option 1, but that they have concerns about the cost of 2A; and

WHEREAS, the consideration of the additional cost pales in comparison to the lives of the residents of New Orleans and the protection of their property, and;

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, that we recognize Senator Boxer for her clear-sighted stand on this issue; and

BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, that we add our continued thanks and support to Senator Landrieu for her ongoing efforts on our behalf, and ask that she and Sen. Boxer continue to pursue Option 2A, as supported jointly by the City Administrations and the City Councils of both Orleans and Jefferson Parishes.

BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, that the Clerk of Council send copies of this Resolution to Senator Barbara Boxer, Senator Mary Landrieu and Mayor C. Ray Nagin.

20 THE FOREGOING RESOLUTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF AND RESULTED AS FOLLOWS: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE RESOLUTION WAS ADOPTED.

NO. R-09-326 BY: COUNCILMEMBERS FIELKOW AND CLARKSON

WHEREAS, the City of New Orleans is annually threatened by hurricanes of varying magnitudes and must be prepared to defend itself against severe storms; and

WHEREAS, in 2007, the United States Congress allocated $12 million to the U.S. Army Corps of Engineers (hereafter referred to as the Corps), the federal agency charged with providing this protection; and

WHEREAS, this money was intended to repair Hurricane Katrina- related damages, provide medium- and long-term solutions to pre- existing unsound structures, and completely strengthen the city's hurricane defenses to combat a 100-year storm – defined as a storm with a 1 percent chance of striking in any given year; and

WHEREAS, soon after the Corps received these funds, it set a deadline of June 1, 2011 for the completion of the 100-year storm protection; and

WHEREAS, the deputy director of Task Force Hope, created by the Corps days after Katrina to oversee the recovery and construction of New Orleans' hurricane defenses, recently issued an assessment of these hurricane safeguards which cited 13 projects as having delayed schedules; and

WHEREAS, inconsistent with these stated schedules, in early June 2009, the Commander of the Mississippi Valley Division of the Corps confirmed to a Congressional committee that the Army Corps intended to adhere to the June 2011 deadline; and

WHEREAS, pushing the deadline for 100-year storm protection beyond the beginning of the 2011 hurricane season may allow for projects to slip through the cracks and could result in perpetual delays and, ultimately, a lack of essential hurricane protection, NOW THEREFORE,

21 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, that the Council strongly urges the U.S. Army Corps of Engineers to take whatever steps necessary to ensure that it meets the June, 2011 deadline to provide a quality system of protection for a 100-year storm.

BE IT FURTHER RESOLVED, that the Council requests:

1) that top Corps officials attend the City Council meeting of July 23, 2009 as a Special Order of Business to testify as to the status of 100-year storm protection and the June 2011 deadline; and

2) quarterly written progress reports from the Corps so as to keep publicly stated timelines consistent with internal schedules.

BE IT FURTHER RESOLVED that the Clerk forward certified copies of this resolution to the U.S. Army Corps of Engineers, Task Force Hope.

Councilmember Fielkow offered the following amendment:

AMENDMENT TO RESOLUTION R-09-326

CITY HALL: July 2, 2009

BY: COUNCILMEMBER FIELKOW

In the second “WHEREAS” paragraph following the word “allocated” and before the word “to”, delete “$12 million” and insert in lieu thereof the following”

“more than $12 billion”

After discussion, Councilmember Fielkow moved adoption of the foregoing amendment.

ROLL CALL VOTE: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis - 6 NAYS: 0 ABSENT: Midura - 1 AND THE AMENDMENT WAS ADOPTED.

Councilmember Fielkow moved adoption of the resolution as amended.

22 ROLL CALL VOTE: YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Willard-Lewis – 6 NAYS: 0 ABSENT: Midura – 1 AND THE RESOLUTION, AS AMENDED, WAS ADOPTED.

On motion of Councilmember Fielkow, seconded by Councilmember Clarkson, and without objection, the rules of the Council were suspended for the purpose of reverting to reports.

REPORTS (Continued)

LEGISLATIVE GROUPING

OF THE EXECUTIVE DIRECTOR OF THE CITY PLANNING COMMISSION - Property Acquisition 1/09 For Information Purposes Only: – City of New Orleans Acquisition of 935 Gravier Street, 919 Gravier Street and 218 O‟Keefe Avenue in Square 265, 1st Municipal District. The area is generally bounded by Gravier Street, O‟Keefe Avenue, Common and Baronne Streets (see attachment). In accordance with Section 6-302 subsection 3 of the City Charter, the City Planning Commission has been requested to consider the property acquisition of the aforementioned properties for use as a public facility for a new City Hall. The City would like to relocate the governmental agencies currently in City Hall and the other public offices renting space at 1340 Poydras Street (Amoco Building) to the newer Chevron properties located on Gravier Street and O‟Keefe Avenue.

Received.

BRENDA HATFIELD, CHIEF ADMINISTRATIVE OFFICER, CYNTHIA SYLVAIN- LEAR, DEPUTY CHIEF ADMINISTRATIVE OFFICER AND JULIE SCHWAM- HARRIS, DIRECTOR OF INTERGOVERNMENTAL RELATIONS - Answering the questions posed in Motion M-09-290 regarding the Chevron Building.

Appeared. ORDINANCES ON FINAL PASSAGE

CAL. NO. 27,552 - BY: COUNCILMEMBERS HEDGE-MORRELL AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,332 M.C.S., as amended, entitled "An Ordinance Providing a Capital Budget for the Year 2009", to effect the following changes to the 2009 Capital Budget. The changes transfer funds from fund

23 051 Chief Administrative Office, Department of Property Management and fund 701 Infrastructure funds to Fund 051 the Department of Property Management for the purchase of 935/919 Gravier Street New Orleans, LA 70112.

After discussion Councilmember Hedge-Morrell moved to continue the foregoing ordinance to the meeting of 7/23/09.

There being no objection, so ordered

CAL. NO. 27,563 - BY: COUNCILMEMBERS HEDGE-MORRELL AND CLARKSON (BY REQUEST) - An Ordinance to provide for the acquisition of immovable properties situated in Orleans Parish within Square 265 in the First Municipal District and designated, more particularly herein, as TRACT I - CHEVRON BUILDING, 935 GRAVIER STREET; TRACT II - 218 O‟KEEFE AVENUE; and TRACT III - 919 GRAVIER STREET, upon a finding by the City Council of a need of the properties for public purposes and authorizing the Bureau of Purchasing, Department of Finance, to proceed with the acquisition of the property amicably; and otherwise to provide with respect thereto.

Councilmember Hedge-Morrell moved to continue the foregoing ordinance to the meeting of 7/23/09.

There being no objection, so ordered.

GENERAL REPORT

COUNCIL DISTRICT “E” - Giving a district report to the full Council.

Appeared.

On motion of Councilmember Fielkow, seconded by Councilmember Clarkson, and without objection, the rules of the Council were suspended for the purpose of advancing to Motions/Resolutions.

MOTIONS/RESOLUTIONS (Continued)

NO. R-09-324 BY: COUNCILMEMBERS CLARKSON, CARTER AND WILLARD-LEWIS

WHEREAS, the O. Perry Walker College and Career Preparatory High School and Community Center has been a mainstay of Algiers learning and culture since 1970; and

24 WHEREAS, because the proposed new Federal City Charter High School is designed to be a small niche high school with all students involved in a military education program model that will draw students from throughout a multi-parish area, the new Federal City charter school should not necessarily draw students from O. Perry Walker and as a result the demographic need for high schools on the West Bank of New Orleans should remain the same; now therefore,

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, that we will support Recovery School District in exploring any and all means available to maintain this educational and cultural landmark of O. Perry Walker as a fully operational High School and Community Center.

On motion of Councilmember Fielkow, seconded by Councilmember Clarkson, and without objection, the rules of the Council were suspended for the purpose of reverting to Tax Abatement.

LEGISLATIVE GROUPING - TAX ABATEMENT HEARING

OF THE MAYOR‟S OFFICE/DIVISION OF ECONOMIC DEVELOPMENT - Recommending approval of the Restoration Tax Abatement request for:

RTA #061674 - 2517 Palmyra Street – Cn.Head RTA #061676 – 2321-23 Gravier Street – (Cn. Head RTA #061686 - 2120 Canal Street – Cn. Head RTA #061687 - 323 S. Murat Street – Cn. Head RTA #061958 – 2634 Cleveland Avenue – Cn. Head RTA #061959 – 3501-03 Cleveland Avenue – Cn. Head RTA #061960 - 326 S. Dorgenois Street – Cn. Head RTA #061961 – 436-38 S. Galvez Street – Cn. Head RTA #061968 – 2821-23 Banks Street – Cn. Head RTA #061970 – 2514 Cleveland Avenue – Cn. Head

Hearing Held.

RESOLUTIONS

25 NO. R-09-307 BY: COUNCILMEMBER HEAD

Approving the participation of municipal address 2517 Palmyra Street owned by NORA Group, LLC, in the Property Tax Abatement Program. (RTA #061674)

Councilmember Head moved to continue the foregoing resolution to the meeting of 7/23/09.

There being no objection, so ordered.

NO. R-09-308 BY: COUNCILMEMBER HEAD

Approving the participation of municipal address 2321-23 Gravier Street owned by NORA Group, LLC, in the Property Tax Abatement Program. (RTA #061676)

Councilmember Head moved to continue the foregoing resolution to the meeting of 7/23/09.

There being no objection, so ordered.

NO. R-09-309 BY: COUNCILMEMBER HEAD

Approving the participation of municipal address 2120 Canal Street owned by NORA Group, LLC, in the Property Tax Abatement Program. (RTA #061686)

Councilmember Head moved to continue the foregoing resolution to the meeting of 7/23/09.

There being no objection, so ordered.

NO. R-09-310 BY: COUNCILMEMBER HEAD

Approving the participation of municipal address 323 S. Murat Street owned by NORA Group, LLC, in the Property Tax Abatement Program. (RTA #061687)

Councilmember Head moved to continue the foregoing resolution to the meeting of 7/23/09.

There being no objection, so ordered.

26 NO. R-09-311 BY: COUNCILMEMBER HEAD

Approving the participation of municipal address 2634 Cleveland Avenue owned by NORA Group, LLC, in the Property Tax Abatement Program. (RTA #061958)

Councilmember Head moved to continue the foregoing resolution to the meeting of 7/23/09.

There being no objection, so ordered.

NO. R-09-312 BY: COUNCILMEMBER HEAD

Approving the participation of municipal address 3501-03 Cleveland Avenue owned by NORA Group, LLC, in the Property Tax Abatement Program. (RTA #061959)

Councilmember Head moved to continue the foregoing resolution to the meeting of 7/23/09.

There being no objection, so ordered.

NO. R-09-313 BY: COUNCILMEMBER HEAD

Approving the participation of municipal address 326 S. Dorgenois Street owned by NORA Group, LLC, in the Property Tax Abatement Program. (RTA #061960)

Councilmember Head moved to continue the foregoing resolution to the meeting of 7/23/09.

There being no objection, so ordered.

NO. R-09-314 BY: COUNCILMEMBER HEAD

Approving the participation of municipal address 436-38 S. Galvez Street owned by NORA Group, LLC, in the Property Tax Abatement Program. (RTA #061961)

Councilmember Head moved to continue the foregoing resolution to the meeting of 7/23/09.

There being no objection, so ordered.

27 NO. R-09-315 BY: COUNCILMEMBER HEAD

Approving the participation of municipal address 2821-23 Banks Street owned by NORA Group, LLC, in the Property Tax Abatement Program. (RTA #061968)

Councilmember Head moved to continue the foregoing resolution to the meeting of 7/23/09.

There being no objection, so ordered.

NO. R-09-316 BY: COUNCILMEMBER HEAD

Approving the participation of municipal address 2514 Cleveland Avenue owned by NORA Group, LLC, in the Property Tax Abatement Program. (RTA #061970)

Councilmember Head moved to continue the foregoing resolution to the meeting of 7/23/09.

There being no objection, so ordered.

HISTORIC DISTRICT LANDMARKS COMMISSION APPEALS

OF KENNETH E. VINSON, JR. - Requesting to appeal the Historic District Landmarks Commission‟s decision of “denial” for the demolition of property located at 3145 Urquhart Street.

SPEAKER: PROPONNENTS: None OPPONENTS: Kenneth Vinson INFORMATION ONLY: None

After discussion, Councilmember Carter offered the following motion:

NO. M-09-330 BY: COUNCILMEMBER CARTER SECONDED BY: COUNCILMEMBER CLARKSON

BE IT MOVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, that the request of MR. KENNETH VINSON - To appeal the Historic District

28 Landmarks Commission‟s decision of “denial” for the demolition of property located at 3145 Urquhart Street, be, and the decision is hereby overruled and the appeal is granted, with the following condition:

1. That all movable architectural elements of the property be salvaged and donated to a local non-for-profit architectural salvage organization.

BE IT FURTHER MOVED, hat 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, Clarkson, Head, Hedge-Morrell, Willard-Lewis - 5 NAYS: 0 ABSENT: Fielkow, Midura - 2 AND THE MOTION WAS ADOPTED.

OF PETER REYNAUD - Requesting to appeal the Historic District Landmarks Commission‟s decision of “denial” to allow the removal of the rooftop chimney remnants for property located at 2429 Dauphine Street.

At the request of the applicant, Councilmember Carter moved to withdraw the foregoing appeal.

There being no objection, so ordered.

OF JOHN D. LAMBERT, JR., LAMBERT AND LAMBERT, REPRESENTING FINANCIAL PLANNING CENTER, LLC - Requesting to appeal the nomination of 2475 Canal Street for historic consideration by the Historic District Landmarks Commission.

Councilmember Head moved to continue the foregoing resolution to the meeting of 7/23/09.

There being no objection, so ordered.

VIEUX CARRE‟ COMMISSION APPEALS

OF MICHAEL D. ALLDAY, ATTORNEY, REPRESENTING GEORGE BUCK AND GHB BROADCASTING GROUP - Requesting to appeal the Vieux Carré Commission‟s decision of “denial” for the retention of a satellite dish for property located at 1208 Decatur Street.

Councilmember Carter moved to continue the foregoing resolution

29 to the meeting of 7/23/09.

There being no objection, so ordered.

OF BRIAN J. GILLE, AIA, BRIAN J. GILLE ARCHITECTS, LIMITED, REPRESENTING CHARLIE SPANSEL - Requesting to appeal the Vieux Carré Commission‟s decision of “denial” of the proposed construction of a gallery for property located at 223 N. Peters Street.

Councilmember Carter moved to continue the foregoing resolution to the meeting of 7/23/09.

There being no objection, so ordered.

OF MICHAEL W. TIFFT, MCGLINCHEY STAFFORD, PLLC, ATTORNEYS AT LAW - Requesting to appeal the Vieux Carré Commission‟s decision of “denial” for the retention of alterations to rear of main building, courtyard and service wing for property located at 735 Bourbon Street.

Councilmember Carter moved to continue the foregoing resolution to the meeting of 7/23/09.

There being no objection, so ordered.

ZONING PETITIONS

ZONING DOCKET NO. 23/09 – LISAN SHELL, L.L.C. - Requesting a Conditional Use and Moratorium Appeal to permit the redevelopment of a gasoline service station with the sale of packaged alcoholic beverages for consumption off premises in a C-1 General Commercial District and within the Inner-City Urban Corridor District Overlay, on Square 398, Lots 15-A and 17-A, in the Fourth Municipal District, bounded by South Claiborne and Jackson Avenues, Josephine and Willow Streets (Municipal Addresses: 2124 through 2150 South Claiborne Avenue). The recommendation of the City Planning Commission being “FOR APPROVAL”, subject to eighteen (18) provisos.

After discussion, Councilmember Head offered the following motion:

NO. M-09-331 BY: COUNCILMEMBER HEAD SECONDED BY: COUNCILMEMBER CLARKSON

30 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 DOCKET NO. 23/09 – LISAN SHELL, L.L.C. – Requesting a Conditional Use and Moratorium Appeal to permit the redevelopment of a gasoline service station with the sale of packaged alcoholic beverages for consumption off premises in a C-1 General Commercial District and within the Inner-City Urban Corridor District Overlay, on Square 398, Lot 15-A and 17-A, in the Fourth Municipal District, bounded by South Claiborne and Jackson Avenues, Josephine and Willow Streets (Municipal Address: 2124 through 2150 South Claiborne Avenue), be, and the same is hereby upheld and the Conditional Use is granted with modified approval as the applicant withdrew the Moratorium Appeal, subject to the provisos as stated in the City Planning Report with the following modifications: a) Delete proviso three (as alcohol is no longer requested); b) Modify proviso seven to read: “In accordance with Article 10, 10.3A.6.2(a) Design Review Standards of the Comprehensive Zoning Ordinance, the applicant shall place the proposed conveniences store structure at no greater than thirty-three (33) feet, six inches from S. Claiborne Avenue right-of-way and shall landscape the area between the structure and the S. Claiborne Avenue right-of-way subject to the review and approval of the staff of the City Planning Commission.

The remaining provisos shall remain unchanged, for a total of 17 provisos.

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 Conditional Use.

THE FOREGOING MOTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF, AND RESULTED AS FOLLOWS: YEAS: Carter, Clarkson, Head, Hedge-Morrell, Willard-Lewis - 5 NAYS: 0 ABSENT: Fielkow, Midura - 2 AND THE MOTION WAS ADOPTED.

ZONING DOCKET NO. 28/09 – PTC FAMILY INVESTMENTS, L.L.C. - Requesting a Zoning Change from an RD-3 Two-Family Residential District to a B-1A Neighborhood Business District, on Square 239, Lot B or 2, in the Sixth Municipal District, bounded by

31 Magazine, Camp, Robert and Soniat Streets (Municipal Addresses: 5025-5027 Magazine Street). The recommendation of the City Planning Commission being “FOR DENIAL”.

SPEAKERS: PROPONNENTS: Jose Lobo

OPPONENTS: Jean-Paul LaGarde Casey LaGarde

INFORMATION ONLY: None

After discussion, Councilmember Head offered the following motion:

NO. M-09-332 BY: COUNCILMEMBER HEAD SECONDED BY: COUNCILMEMBER CLARKSON

BE IT MOVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, That the report and unfavorable recommendation of the City Planning Commission on ZONING DOCKET NO. 28/09 – PTC FAMILY INVESTMENTS, L.L.C. – Requesting a Zoning Change from an RD-3 Two-Family Residential District to a B-1A Neighborhood Business District, on Square 239, Lot B or 2, in the Sixth Municipal District, bounded by Magazine, Camp, Robert, and Soniat Streets (Municipal Address: 5025-5027 Magazine Street), be, and the same is hereby overruled and the Zoning Change is granted.

ZONING DOCKET NO. 36/09 – PARK SOUTH, L.L.C., SELF PARK, INC., HOMAS GIGLIOTTI, JR. AND CAPRETTO REAL ESTATE, L.L.C. - Requesting a Conditional Use to permit a parking lot with the

32 restoration of a non-conforming outdoor general advertising sign in a CBD-2 Central Business District, on Square 158, Lots 7 or 9, 5 or 10, 1 or 11, 7, 8, 1, A, C, B, 2, 5 or 1, 4 or 2, 3, 6 or 1, A 19, 4 or 17, B 18, 8 or 16, and 1 or 9 or 12, in the Second Municipal District, bounded by Canal, Iberville, Marais and North Villere Streets (Municipal Addresses: 1515-1539 Canal Street, 1500-1532 Iberville Street, 125-129 Marais Street and 118-120 North Villere Street. The recommendation of the City Planning Commission being “FOR DENIAL”.

Councilmember Carter moved to continue the foregoing zoning petition to the meeting of 7/23/09.

There being no objection, so ordered.

ZONING DOCKET NO. 39/09 – TARA, L.L.C. - Requesting a Zoning Change from a B-2 Neighborhood Business District to a C-2 General Commercial District, on Square 82, Lots A-1, B-1, and B- 2 or Lots 30 Pts. 40/52, Pt. Orig. A, Pts. 24/29, Pt. 32, Pt. 40, 33/39, Pts. 31/32 and Orig. B, in the Fifth Municipal District, bounded by West Bank Expressway, Behrman Avenue and Donner Drive (Municipal Addresses: 1 through 5 Westbank Expressway). The recommendation of the City Planning Commission being “FOR DENIAL”.

Councilmember Carter moved to continue the foregoing zoning petition to the meeting of 7/23/09.

There being no objection, so ordered.

LEGISLATIVE GROUPING – SUBDIVISION APPEAL

OF BRENDA JACKSON, PRESIDENT, LAKE CARMEL SUBDIVISION/HOMEOWNERS ASSOCIATION - Requesting to appeal the decision of the City Planning Commission approving the Subdivision of property owned by Old Morrison Partners, LP & VOB Development, LLC Old Morrison Homes. (Subdivision Docket #29/09).

REPORT

33 (9)provisos. (SD #29/09).

Councilmember Willard-Lewis moved to continue the foregoing appeal to the meeting of 7/23/09.

There being no objection, so ordered.

ORDINANCES ON FINAL PASSAGE

CAL. NO. 27,360 - BY: COUNCILMEMBERS CLARKSON, FIELKOW, MIDURA, HEAD, CARTER, HEDGE-MORRELL AND WILLARD-LEWIS - An Ordinance to amend Ordinance Number 23,333 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2009" to adjust the estimate for Other Financing Sources.

After discussion, Councilmember Clarkson moved adoption of the foregoing ordinance.

ROLL CALL: YEAS: Carter, Clarkson, Head, Hedge-Morrell, Willard-Lewis - 5 NAYS: 0 ABSENT: Fielkow, Midura - 2 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,502 – BY: COUNCILMEMBERS FIELKOW AND CLARKSON - An Ordinance to amend Chapter 70 Article IV Division 1 of the code of the City of New Orleans and to add Section 417.1 Stipulation to include as standard in language listed in contracts; requiring the submission of a sworn affidavit listing all persons with an ownership interest in a contract and all persons natural or artificial retained by the contractor as a subcontractor in connection with the contract; providing that the listing shall be a public record; to provide for suspension of payments of invoices for contracts not in compliance with this section and to otherwise provide with respect thereto.

Councilmember Fielkow moved to continue the foregoing ordinance to the meeting of 8/6/09.

There being no objection, so ordered.

CAL. NO. 27,517 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,333 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Revenues for the City of New Orleans for the Year 2009" to appropriate State Grant Funds from

34 Intergovernmental transfers to the Office of Mayor, Division of Economic Development, Renewal Community grant.

At the request of the Budget Committee, Councilmember Hedge- Morrell moved to withdraw the foregoing ordinance.

There being no objection, so ordered.

CAL. NO. 27,518 - BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON (BY REQUEST) - An Ordinance to amend Ordinance No. 23,334 M.C.S., as amended, entitled "An Ordinance Providing an Operating Budget of Expenditures for the City of New Orleans for the Year 2009" to appropriate State Grant Funds from Intergovernmental transfers to the Office of Mayor, Division of Economic Development, Renewal Community grant.

At the request of the Budget Committee, Councilmember Hedge- Morrell moved to withdraw the foregoing ordinance.

There being no objection, so ordered.

CAL. NO. 27,531 – BY: COUNCILMEMBER CARTER (BY REQUEST) - An Ordinance to authorize the Mayor to sign an Act of dedication and Acceptance of Omar Khan Drive within the limits of a subdivision in the Fifth Municipal District of the City of New Orleans known as Algiers River Estates, all as delineated on a plan by SZS Consultants, Inc., dated May 5, 2005, revised April 23, 2007.

After discussion, Councilmember Carter moved adoption of the foregoing ordinance.

ROLL CALL: YEAS: Carter, Clarkson, Head, Hedge-Morrell, Willard-Lewis - 5 NAYS: 0 ABSENT: Fielkow, Midura - 2 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,533 – BY: COUNCILMEMBER CARTER (BY REQUEST) - An Ordinance to temporarily waive certain fees and requirements and permit street closure within and around the 300 block of Chartres Street, in conjunction with the New Orleans South Africa Connection (NOSACONN) “Jazz Fest Kickoff Party” on Thursday, April 23, 2009; to specify the duration and boundaries of said waiver; and to provide otherwise with respect thereto.

After discussion, Councilmember Carter moved adoption of the

35 foregoing ordinance.

ROLL CALL: YEAS: Carter, Clarkson, Head, Hedge-Morrell, Willard-Lewis - 5 NAYS: 0 ABSENT: Fielkow, Midura - 2 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,550 - BY: COUNCILMEMBER HEAD - An Ordinance to amend and reordain Article II of Chapter 66 of the Code of the City of New Orleans to add definitions thereto, to add new sections thereto, designated as Sections 66-75, 66-76, and 66-77, to establish spacing restrictions relative to the sale of tobacco products; and to provide otherwise with respect thereto.

Councilmember Head moved to continue the foregoing ordinance to the meeting of 7/23/09. Referred to the Housing/Human Needs Committee.

There being no objection, so ordered.

CAL. NO. 27,551 - BY: COUNCILMEMBER HEAD - An Ordinance to temporarily waive certain fees, permit fees, and requirements within and around Lafayette Square, the 550 block of St. Charles Avenue between S. Maestri and N. Maestri Place, in conjunction with the Second Harvest Food Bank of Greater New Orleans and Acadiana‟s “Harvest the Music,” sponsored and sanctioned by the Second Harvest Food Bank of Greater New Orleans and Acadiana, a non-profit organization, to specify the duration and boundaries of said waiver; and to provide otherwise with respect thereto.

After discussion, Councilmember Head moved adoption of the foregoing ordinance.

ROLL CALL: YEAS: Carter, Clarkson, Head, Hedge-Morrell, Willard-Lewis - 5 NAYS: 0 ABSENT: Fielkow, Midura - 2 AND THE ORDINANCE WAS ADOPTED.

CAL. NO. 27,564 - BY: COUNCILMEMBER WILLARD-LEWIS - An Ordinance to extension the effectiveness of Ordinance No. 23,166 M.C.S., for a first 180 days from July 22, 2009 to January 17, 2010 that establish a temporary moratorium on the issuance of permits relative to the establishment of bars, cocktail lounges, package liquor stores, grocery stores, or restaurants and the issuance or renewal of alcoholic beverage

36 permits to persons who do not both hold a current valid alcoholic beverage permit and are engaged in the commercial sale of alcoholic beverages at the permitted premises on the effective date of this ordinance; to provide that the moratorium shall apply to persons seeking the issuance or renewal of alcoholic beverage permits for premises in the Lower Ninth Ward within Councilmanic District E in the area bounded by Industrial Canal to the St. Bernard Parish Line and from the Mississippi River to Florida Avenue; and otherwise to provide with respect thereto.

Councilmember Willard-Lewis offered the following amendment:

AMENDMENT TO ORDINANCE CALENDAR NO. 27,564

CITY HALL: July 2, 2009

BY: COUNCILMEMBER WILLARD-LEWIS (BY REQUEST) SECONDED BY: COIUNCILMEMBER HEDGE-MORRELL

1. In the preamble, on page 1, on the first unnumbered line after the word “to” and before the word „the” delete “extension” and insert in lieu thereof the word “extend”.

After discussion, Councilmember Willard-Lewis moved adoption of the foregoing amendment.

ROLL CALL: YEAS: Carter, Clarkson, Head, Hedge-Morrell, Willard-Lewis - 5 NAYS: 0 ABSENT: Fielkow, Midura - 2 AND THE AMENDMENT WAS ADOPTED.

Councilmember Willard-Lewis moved adoption of the ordinances as amended.

ROLL CALL: YEAS: Carter, Clarkson, Head, Hedge-Morrell, Willard-Lewis - 5 NAYS: 0 ABSENT: Fielkow, Midura - 2 AND THE ORDINANCE, AS AMENDED, WAS ADOPTED.

On motion of Councilmember Clarkson, seconded by Councilmember Carter and without objection, the rules of the Council were suspended for the purpose of advancing to Motions/Resolutions.

37 MOTIONS/RESOLUTIONS (Continued)

NO. R-09-327 BY: COUNCILMEMBERS CLARKSON AND WILLARD-LEWIS (BY REQUEST)

A RESOLUTION authorizing a financial guaranty insurance policy in connection with not exceeding Twenty-Seven Million Dollars ($27,000,000) of Sewerage Service Refunding Bonds, Series 2009, under certain conditions; approving certain covenants required by Assured Guaranty Corp. in its Commitment to Issue Financial Guaranty Insurance Policy in connection with not exceeding Twenty-Seven Million Dollars ($27,000,000) of Sewerage Service Refunding Bonds, Series 2009.

WHEREAS, under the provisions of Section 4121 of Title 33 of the Louisiana Revised Statutes of 1950, as amended (the “Bond Act”), the Sewerage and Water Board of New Orleans (the “Board”) has the power to issue sewerage service revenue bonds in the name of the City of New Orleans (the “City”), and pursuant to the Bond Act, the Board has heretofore adopted a General Bond Resolution and a Supplemental Bond Resolution (collectively, the “Bond Resolution”), for the purpose of authorizing the issuance of bonds and bond anticipation notes in the future under the conditions set forth therein; and

WHEREAS, under the provisions of Chapter 14-B of Title 39 of the Louisiana Revised Statutes of 1950, as amended (the “BANs Act”) the Board has the authority to issue bond anticipation notes from time to time in one or more series in anticipation of the issuance of bonds which have been duly and lawfully authorized; and

WHEREAS, under the provisions of Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended (the “Refunding Act”), the Board has the authority to issue refunding bond anticipation notes to refund any outstanding bond anticipation notes; and

WHEREAS, pursuant to the provisions of supplemental bond resolutions denominated as the Second Supplemental Bond Resolution through the Twelfth Supplemental Bond Resolution, all of which were approved by this Council, the Board issued Sewerage Service Revenue Bonds and Sewerage Service Bond Anticipation Notes for its lawful purposes; and

38 WHEREAS, the Council approved a Thirteenth Supplemental Bond Resolution on June 4, 2009 (as the same may be amended to reflect the final terms of the 2009 Refunding Bonds, the “Thirteenth Supplemental Resolution”), which supplements the Bond Resolutions and all previously adopted supplemental resolutions through the Twelfth Supplemental Resolution, and provides for the refunding of the 2006 Refunding BANs through the issuance of not exceeding $27,000,000 of Sewerage Service Refunding Bonds, Series 2009 (the “2009 Refunding Bonds”); and

WHEREAS, the City received a commitment for a financial guaranty insurance policy (the “Policy”) from Assured Guaranty Corp. (“Assured”) with respect to the scheduled payments of principal of and interest on the Bonds; and

WHEREAS, in ordered for Assured to issue the Policy, it requires certain additional covenants to be met; and

WHEREAS, it is the desire of this Council of the City of New Orleans to authorize the Policy from Assured if the Board of Liquidation finds that a financial benefit inures to the Board, the City and the Board of Liquidation through reduced interest costs and enhanced marketability; and

WHEREAS, it is further the desire of this Council of the City of New Orleans to acknowledge and approve the additional covenants required by Assured; now therefore

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS THAT the bond insurance policy of the Bond Insurer for the Bonds is hereby approved if the Board of Liquidation finds that a financial benefit inures to the Board, the City and the Board of Liquidation through reduced interest costs and enhanced marketability.

BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS THAT the additional covenants required by the Bond Insurer as set forth in Exhibit A hereto are hereby acknowledged and approved and the Thirteenth Supplemental Bond Resolution adopted by the Board on May 20, 2009, as amended to incorporate such additional covenants through a resolution to be adopted on July 8, 2009, in connection with the issuance of the 2009 Refunding Bonds and 2009 Refunding BANs, is hereby approved.

BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS THAT it agrees to undertake and perform or continue to undertake and perform all of the duties and functions to be performed by

39 it pursuant to the provisions of the Bond Resolution, the Second Supplemental Resolution, the Third Supplemental Resolution, Fourth Supplemental Resolution, Fifth Supplemental Resolution, Sixth Supplemental Resolution, Seventh Supplemental Resolution, Eighth Supplemental Resolution, Ninth Supplemental Resolution, Tenth Supplemental Bond Resolution, Eleventh Supplemental Resolution, Twelfth Supplemental Resolution, the Thirteenth Supplemental Resolution and the Refunding Act with respect to the issuance, security and payment of the 2006 Refunding BANs, the 2009 Refunding Bonds or the 2009 Refunding BANs.

BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, THAT the appropriate officials of the City be and they are hereby authorized and requested to take all steps and do all acts that may be necessary or proper to carry out and perform the obligations of the City set forth in the Bond Resolution, the Second Supplemental Resolution, the Third Supplemental Resolution, Fourth Supplemental Resolution, Fifth Supplemental Resolution, Sixth Supplemental Resolution, Seventh Supplemental Resolution, Eighth Supplemental Resolution, Ninth Supplemental Resolution, Tenth Supplemental Resolution, Eleventh Supplemental Resolution, Twelfth Supplemental Resolution, as amended, and Thirteenth Supplemental Resolution.

THE FOREGOING WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION OF THEREOF AND RESULTED AS FOLLOWS: YEAS: Carter, Clarkson, Head, Hedge-Morrell, Willard-Lewis - 5 NAYS: 0 ABSENT: Fielkow, Midura - 2 AND THE RESOLUTION WAS ADOPTED.

MOTIONS/RESOLUTIONS (LYING OVER)

NO. R-09-286 BY: COUNCILMEMBER CLARKSON

Stating that the Council shall take action on the Master Plan with the Force of Law within 45 days as is required by the Home Rule Charter.

Councilmember Clarkson moved to withdraw the foregoing resolution.

There being no objection, so ordered.

40 NO. M-09-291 BY: COUNCILMEMBERS FIELKOW AND CLARKSON

In accordance with Section 3-107(2) of the Home Rule Charter of the City of New Orleans, amending Rule 39 of the Rules and Regulations of the City Council (Standing Committees).

Councilmember Fielkow moved to continue the foregoing motion to the meeting of 7/23/09.

There being no objection, so ordered.

NO. M-09-319 BY: COUNCILMEMBER CARTER SECONDED BY: COUNCILMEMBER HEDGE-MORRELL

BE IT MOVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS that the City Planning Commission is hereby directed to conduct a public hearing to consider an amendment to Ordinance No. 21,751 M.C.S. (Zoning Docket 49/04 – A Conditional Use to permit the renovation of an existing building into a senior citizen center, in an RM-2 Multiple Family Residential District) to revise provisos, including, but not limited to, provisos that address parking, hours, and garbage disposal.

NO. R-09-305 BY: COUNCILMEMBERS HEDGE-MORRELL, FIELKOW, HEAD AND CLARKSON

WHEREAS, the Chief Administrative Office issued CAO Policy Memorandum No. 5 (R) on April 28, 2009, modifying its policy relative to the assignment of take home vehicles and revising rules governing their use; and

WHEREAS, the Director of Safety and Permits and a representative of the Office of Recovery and Development Administration‟s Code Enforcement office advised the Council‟s Budget Committee on May 30, 2009, that these policy revisions have resulted in the impairment of timely response to code enforcement complaints, particularly in emergency situations; and

41 WHEREAS, CAO Policy Memorandum No. 5 (R), Paragraph 16 provides that a department “may request specific written exception to this policy memorandum as deemed applicable for exigent circumstances from the Chief Administrative Officer with the concurrence of the City Attorney”; NOW THEREFORE

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, that the Council requests the Chief Administrative Officer to review the take home vehicle policy relative to the assignment of vehicles to these inspectors, and give consideration to permitting an exemption for vehicles assigned to the Department of Safety and Permits inspectors and the ORDA Code Enforcement inspectors which would allow these to be considered authorized take home vehicles; and

BE IT FURTHER RESOLVED, that the Chief Administrative Officer is requested to report her findings to the Budget Committee meeting at its next meeting; and

BE IT FURTHER RESOLVED, that certified copies of this Resolution be sent to the Chief Administrative Officer and the City Attorney.

THE FOREGOING RESOLUTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF AND RESULTED AS FOLLOWS: YEAS: Carter, Clarkson, Hedge-Morrell, Willard-Lewis - 4 NAYS: Head - 1 ABSENT: Fielkow, Midura - 2 AND THE RESOLUTION WAS ADOPTED.

NO. M-09-318 BY: COUNCILMEMBER CARTER SECONDED BY: COUNCILMEMBER CLARKSON

BE IT MOVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS that the City Planning Commission is hereby directed to conduct a public hearing to consider a map change from an LI-Light Industrial District to an RD-3 Residential District for properties located within squares 55, 54, 75, 100, 111, 131, 142, 163, 174, and 195 in the Fifth Municipal District, bounded by Thayer, Le Boeuf and Lamarque and Pelican Streets; and otherwise to provide with respect hereto.

THE FOREGOING MOTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF AND RESULTED AS FOLLOWS: YEAS: Carter, Clarkson, Head, Hedge-Morrell, Willard-Lewis - 5 NAYS: 0

42 ABSENT: Fielkow, Midura - 2 AND THE MOTION WAS ADOPTED.

NO. M-09-320 BY: COUNCILMEMBERS FIELKOW, CLARKSON, MIDURA, HEAD, CARTER, HEDGE-MORRELL AND WILLARD-LEWIS

Approving the conflicts waiver requested by Herman, Herman, Katz & Cotlar relative to its representation of plaintiffs in Doretha Z. Walker, William Rau, Gerson Realty Company, Inc., ZOR, Inc. John J. Shuh, Jr., Bertha L. Pailet, Robert J. Bisso, Clarence J. Ancar, III, John Monteiro, Nerhus Realty Company, Inc., and Shirley Bolds Jones, et al vs. AMID/Metro Partnership, L.L.C.; City of New Orleans; Durr Heavy Construction, L.L.C.; Metro Disposal, Inc.; AMID Landfill, L.L.C.; Metroplexcore, Inc.; MWH Americas, Inc.; and the Gray Insurance Company.

Councilmember Fielkow moved to continue the foregoing motion to the meeting of 7/23/09.

There being no objection, so ordered.

NO. R-09-321 BY: COUNCILMEMBER CARTER SECONDED BY: COUNCILMEMBER CLARKSON

A RESOLUTION IN SUPPORT OF AN APPLICATION TO THE STATE OF LOUISIANA TO AMEND THE BOUNDARIES OF THE “OLD ALGIERS CULTURAL DISTRICT”AND “THE FEDERAL CITY CULTURAL PRODUCTS DISTRICT”

WHEREAS, Act 298 of the 2007 Regular Session of the Louisiana Legislature authorizes Local Governing Authorities, including the City of New Orleans, to create Cultural Districts as a mechanism for community revitalization through the creation of hubs of cultural activity; and

WHEREAS, the Council of the City of New Orleans adopted Resolution No. R-08-323 on June 19, 2008 endorsing the creation of the “Old Algiers Cultural Products District” and Resolution No. R-08-621 on November 21, 2008 endorsing the creation of the “Federal City Cultural Products District;” and

WHEREAS, the Louisiana Department of Culture, Recreation and Tourism, Office of Cultural Development has authorized the “Old Algiers Cultural Products District” and the “Federal City Cultural Products District;” and

43 WHEREAS, the Louisiana Department of Culture, Recreation and Tourism, Office of Cultural Development is authorized to change the boundaries of established Cultural Districts; and

WHEREAS, an application to change any Cultural District boundary shall include a resolution of support by the Local Governing Authority; and

WHEREAS, “Local Governing Authority” is defined by LAC 25:I§1101 as “the governing authority of the Parish in which the Cultural District is located unless the district is located in a municipality, in which case “Local Governing Authority” shall mean the governing authority of the municipality”; and

WHEREAS, the City of New Orleans is the “Local Governing Authority” for the purpose of submitting applications for boundary changes for any Cultural District that is located exclusively within Orleans parish; and

WHEREAS, the Old Algiers Main Street Corporation program area includes the portion of Algiers Point currently designated within the boundaries of the “Federal City Cultural Products District;” and

WHEREAS, there is currently no organizational structure overseeing the Algiers Point area currently within the boundaries of the “Federal City Cultural Products District;” and

WHEREAS, all tax incentives available within the aforementioned state-certified Cultural Districts will remain available to all parties within the boundary changes; and

WHEREAS, the original boundaries of the “Old Algiers Cultural Products District” approved by the Louisiana Department of Culture, Recreation and Tourism, Office of Cultural Development were:

Northern Boundary: the Northern Side of Opelousas Avenue, between the Eastern Side of Brooklyn Avenue and the Western Side of Nunez Street; then the Western Side of Nunez Street between the Northern Side of Opelousas Avenue and the Northern Side of Homer Street; then the Northern Side of Homer Street between the Western Side of Nunez Street and the Western Side of Behrman Avenue;

Eastern Boundary: the western side of Behrman Avenue from the northern side of Homer Street to the southern side of

44 Diana Street;

Southern Boundary: the southern side of Diana Street from the western side of Behrman Avenue to the western side of Nunez street; then the western side of Nunez Street from the southern side of Diana Street to the southern side of Ptolemy Street; then the southern side of Ptolemy street between the western side of Nunez Avenue and the eastern side of Brooklyn Avenue;

Western Boundary: the eastern side of Brooklyn Avenue from the northern side of Opelousas Avenue to the southern side of Ptolemy Street; and the original boundaries of the “Federal City Cultural Products District” approved by the Louisiana Department of Culture, Recreation and Tourism, Office of Cultural Development were:

Northern Boundary: the Mississippi Riverfront, between the Western Side of Bouny Street and the Southern Side of Pelican Street and the Eastern Side of Holiday Drive;

Southern Boundary: the Magellan Canal from the Western Side of Shirley Drive to the Eastern Side of Holiday Drive;

Western Boundary: the Western Side of Shirley Drive, between the northern side of the Magellan Canal and the Southern Side of General Meyer; then the Southern Side of General Meyer to the Western Side of Behrman Avenue; then the Western Side of Behrman Avenue to the Southern Side of Opelousas; then the Southern Side of Opelousas to the Western Side of Hendee Street; then the Western Side of Hendee Street to the South Side of Patterson Drive; then the South Side of Patterson Drive to the Eastern Side of Elmira Avenue; then the Eastern Side of Elmira Avenue to the South Side of Pelican Avenue; then the South Side of Pelican Avenue to the East Side of Vallette Street; then the East Side of Vallette Street to the South Side of Eliza Street; then the South Side of Eliza Street to the West Side of Verrett Street; then the West Side of Verrett Street to the South Side of Pelican Street; then the South Side of Pelican Street to the River (Bouny Street to Patterson Drive);

Eastern Boundary: the Eastern Side of Holiday Drive between the northern side of the Magellan Canal and the Mississippi

45 Riverfront; now therefore,

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS THAT the original boundaries of the “Old Algiers Cultural Products District” be changed to the following as set forth in the attached map:

Northern Boundary: the Mississippi Riverfront, between the Western Side of Bouny Street and the Southern Side of Pelican Street and the Eastern Side of Hendee Street;

Southern Boundary: the southern side of Diana Street from the Eastern Side of Behrman Avenue to the Eastern Side of Nunez street; then the Eastern Side of Nunez Street from the southern side of Diana Street to the southern side of Ptolemy Street; then the Southern Side of Ptolemy Street between the Eastern Side of Nunez Avenue and the Western Side of Brooklyn Avenue;

Western Boundary: the Southern Side of Pelican St., from the Western Side of Bouny Street to the Western Side of Verret Street; then the Western Side of Verret Street between the Southern side of Pelican Street and the Northern Side of Opelousas Avenue; then the Northern Side of Opelousas Avenue between the Western side of Brooklyn Avenue and the Western Side of Verret Street; then the Western Side of Brooklyn Avenue from the Northern Side of Opelousas Avenue to the Southern Side of Ptolemy Street;

Eastern Boundary: the Eastern Side of Hendee Street between the Mississippi Riverfront and the Southern Side of Patterson Street; then the Southern Side of Patterson Street from the Eastern Side of Hendee Street to the Eastern Side of Elmira Avenue; then the Eastern Side of Elmira Avenue from the Southern Side of Patterson Street to the Southern Side of Pelican Street; then the Southern Side of Pelican Street from the Eastern Side of Elmira Avenue to the Eastern Side of Vallette Street; then the Eastern Side of Vallette Street from the Southern Side of Pelican Street to the Southern Side of Eliza Street; then the Southern Side of Eliza Street from the Eastern side of Vallette Street to the Eastern Side of Verret Street; then the Eastern Side of Verret Street from the Southern Side of Eliza Street to the Northern Side of Homer Street; then the Northern Side of Homer Street from the Eastern Side of

46 Behrman Avenue to the Eastern Side of Verret Street; then the Eastern Side of Behrman Avenue from the Northern Side of Homer Street to the Southern Side of Diana Street; and

BE IT FURTHER RESOLVED that the boundaries of the “Federal City Cultural Products District” be changed to the following as set forth in the attached map:

Northern Boundary: the Mississippi Riverfront, between the Western Side of Hendee Street and the Eastern Side of Holiday Drive;

Southern Boundary: the Magellan Canal from the Western Side of Shirley Drive to the Eastern Side of Holiday Drive;

Eastern Boundary: the Eastern Side of Holiday Drive between the northern side of the Magellan Canal and the Mississippi Riverfront.

THE FOREGOING RESOLUTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF AND RESULTED AS FOLLOWS: YEAS: Carter, Clarkson, Head, Hedge-Morrell, Willard-Lewis - 5 NAYS: 0 ABSENT: Fielkow, Midura - 2 AND THE RESOLUTION WAS ADOPTED.

NO. R-09-323 BY: COUNCILMEMBER HEAD SECONDED BY: COUNCILMEMBER HEDGE-MORRELL

A RESOLUTION IN SUPPORT OF AN APPLICATION TO THE STATE OF LOUISIANA FOR THE CREATION OF THE “IRISH CHANNEL CULTURAL DISTRICT.”

WHEREAS, Act 298 of the 2007 Regular Session of the Louisiana Legislature authorizes Local Governing Authorities, including the City of New Orleans, to create Cultural Districts as a

47 mechanism for community revitalization through the creation of hubs of cultural activity; and

WHEREAS, the Louisiana Department of Culture, Recreation and Tourism, Office of Cultural Development is authorized to develop criteria for cultural districts and determine whether or not a proposed Cultural District meets those criteria; and

WHEREAS, only a Local Governing Authority is authorized to submit an application for the designation and certification of a Cultural District; and

WHEREAS, a “Local Governing Authority” is defined by LAC 25:I§1101 as “the governing authority of the Parish in which the Cultural District is located unless the district is located in a municipality, in which case “Local Governing Authority” shall mean the governing authority of the municipality”; and

WHEREAS, the City of New Orleans is “Local Governing Authority” for purposes of submitting applications for the designation and certification of a Cultural District that is located exclusively within Orleans parish; and

WHEREAS, the Louisiana Department of Culture, Recreation and Tourism, Office of Cultural Development has promulgated administrative rules which set forth the procedures by which the City of New Orleans is entitled to submit applications to designate and certify a specified geographic area as a Cultural District; and

WHEREAS, within the boundaries of a state-certified Cultural District, several tax incentives may be available including (1) a sales tax exemption on the sale of certain original works of art, (2) individual income tax credits for eligible expenses incurred during the rehabilitation of certain owner-occupied residential or owner occupied mixed use structures, and (3) income and corporate franchise tax credits for eligible expenses incurred during the rehabilitation of certain historic structures; and

WHEREAS, the City of New Orleans has selected a geographic area that is generally comprised of the territory within the following boundaries:

Northern Boundary: The northern side of Camp Street between the western side of Pleasant Street and the eastern side of Philip Street;

Western Boundary: The western side of Pleasant Street between the northern side of Camp Street and the Mississippi River;

Southern Boundary: The Mississippi Riverfront between the western side of Pleasant Street and the eastern side of Philip Street;

Eastern Boundary: The eastern side of Philip Street between the northern side of Camp Street and the Mississippi River; which the City of New Orleans believes meets the criteria for the creation of a Cultural District and can fully utilize the tax incentives made available within said Districts; and

WHEREAS, the “Irish Channel Cultural District” is located entirely within the City of New Orleans; thereby establishing the City of New Orleans as the proper entity to submit an application for the certification and designation of the above described geographic area as a Cultural District.

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS THAT, the Council:

1. Supports and endorses the submission of an application to the Louisiana Department of Culture, Recreation and Tourism, Office of Cultural Development to designate the “Irish Channel Cultural District” as a state- certified Cultural District within the boundaries as set forth within this resolution; and

2. Supports the creation, administration, and promotion of the “Irish Channel Cultural District,” once established as a state-certified Cultural District, by the Office of Recovery and Development Administration and its duly authorized district liaison, HRI and the Irish Channel Neighborhood Association; and

3. Strongly encourages all City employees to support and cooperate with efforts to compile all necessary information and data required for the application and all subsequent reporting necessary for the administration of the Cultural District; and

4. Requests all affected citizens and businesses to support and promote activities consistent with the

49 purposes of the “Irish Channel Cultural District.”

NO. R-09-325 BY: COUNCILMEMBER FIELKOW

Applauding Tulane University for the forthcoming opening of its new Disaster Management Leadership Academy and greatly anticipating a strong group of graduates who will be able to lead the City in the case of a natural or manmade disaster.

Councilmember Fielkow moved to continue the foregoing resolution to the meeting of 7/23/09.

There being no objection, so ordered.

On motion of Councilmember Hedge-Morrell, seconded by Councilmember Clarkson, 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. M-09-328 BY: COUNCILMEMBER HEDGE-MORRELL (BY REQUEST)

Declaring that the need for plumbing and general construction repairs on the listed NORD facilities is a certified public emergency pursuant to Section 70-428 of the Code of the City of New Orleans and Louisiana Revised Statute 38:2212D and authorizing the City to obtain bids without formal, public advertising and thereafter contract the public work needed to abate and correct the public emergency pursuant to Section 70- 428 of the Code of the City of New Orleans.

Councilmember Hedge-Morrell moved to suspend the rules of the Council for the purpose of introducing and considering the foregoing motion received after the Council‟s deadline.

Seconded by Councilmember Clarkson.

ROLL CALL:

50 YEAS: Carter, Clarkson, Head, Hedge-Morrell, Willard-Lewis - 5 NAYS: 0 ABSENT: Fielkow, Midura - 2

After discussion, Councilmember Hedge-Morrell moved adoption of the following motion:

NO. M-09-328 BY: COUNCILMEMBER HEDGE-MORRELL (BY REQUEST) SECONDED BY: COUNCILMEMBER WILLARD-LEWIS

WHEREAS, Property Management and NORD personnel have already completed site assessment to the several priority NORD restroom facilities and completed a comprehensive punch list of plumbing and general construction items needed; and

WHEREAS, work completed will improve the environment and functionality of the listed NORD facilities (see attached list); and

WHEREAS, Property Management has been unsuccessful in obtaining Contractors to perform the necessary work in two separate formal bid attempts through the City‟s normal procurement process; and

WHEREAS, funding has been identified to complete the required work; and

WHEREAS, the Chief Administrative Officer has certified this situation as an emergency; NOW THEREFORE

BE IT MOVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, that the above need for plumbing and general construction repairs be declared a certified public emergency pursuit to Section 70-428 of the Code of The City of New Orleans and Louisiana Revised Statute 38:2212D; and

BE IT FURTHER MOVED, that pursuant to Section 70-428 of the Code of the City of New Orleans, the City may obtain bids without formal, public advertising and; thereafter, contract the public work needed to abate and correct the public emergency; and

BE IT FURTHER MOVED, that the Director of Property Management shall file a written report with the Council within 21 days following the adoption of this motion, stating the status of the emergency work and the exact cost of the contract awarded to the selected contractor; and

51 BE IT FURTHER MOVED, that this motion shall be published in the official journal within ten days after adoption, or as soon as practicable thereafter.

On motion of Councilmember Clarkson, seconded by Councilmember Carter, and without objection, the rules of the Council were suspended for the purpose of reverting to Communications.

COMMUNICATIONS (Continued)

On motion of Councilmember Clarkson, seconded by Councilmember Carter, and without objection, the rules of the Council were suspended for the purpose of introducing and considering communication received after the Council‟s deadline.

FROM TRACIE L. BOUTTE, VICE PRESIDENT, REGULATORY AND GOVERNMENTAL AFFAIRS, ENTERGY NEW ORLEANS, INC. - Submitting an original and three copies of an Application, Report, Appendices, and Affidavits, of Entergy New Orleans, Inc. for Approval of Programs to be included in the Energy Smart New Orleans Plan and Related Approvals Pursuant to Council Resolution R-09-136 and the 2009 Agreements in Principle.

Received.

At this time Councilmember Clarkson moved to enter executive session. Seconded by Councilmember Carter.

The following Councilmembers voted in favor of the motion to enter executive session:

ROLL CALL: YEAS: Carter, Clarkson, Head, Hedge-Morrell, Willard-Lewis - 5 NAYS: 0 ABSENT: Fielkow, Midura - 2 AND THE MOTION TO ENTER EXECUTIVE SESSION WAS ADOPTED.

EXECUTIVE SESSION

52 PENDING LITIGATION: CASE #09-2279, “D”, CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS, CASE #2009-C-0389, 4TH CIRCUIT COURT OF APPEAL, CASE #09-1067, LOUISIANA SUPREME COURT, CITY COUNCIL VERSUS TRACIE WASHINGTON, TIONNE SIMON AND THE LOUISIANA JUSTICE INSTITUTE; AND

PENDING LITIGATION: CASE #09-4050, CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS, CITY COUNCIL VERSUS PENYA MOSES-FIELDS.

Session Held.

On motion of Councilmember Clarkson, seconded by Councilmember Hedge-Morrell, and without objection, the rules of the Council were suspended for the purpose of introducing Ordinances on First Reading received after the Council‟s deadline.

ORDINANCES ON FIRST READING

CAL. NO. 27,566 - BY: COUNCILMEMBERS WILLARD-LEWIS AND CARTER (BY REQUEST) - An Ordinance to amend and reordain Section 162- 753 of the Code of the City of New Orleans to increase the taxicab fare rates for airports; and otherwise to provide with respect thereto.

CAL. NO. 27,567 - BY: COUNCILMEMBER CLARKSON (BY REQUEST) - An Ordinance to amend and reordain Section 62-95 of the Code of the City of New Orleans to increase the fees for emergency medical services; and otherwise to provide with respect thereto.

CAL. NO. 27,568 - BY: COUNCILMEMBER CARTER - An Ordinance to extend the effectiveness of Ordinance No. 23,104 M.C.S. for an additional 180 days from May 23, 2009 to November 18, 2009 in order to extend a temporary moratorium on the issuance of permits relative to the establishment of bars, cocktail lounges, package liquor stores, grocery stores or restaurants and the issuance or renewal of alcoholic beverage permits to persons who do not both hold a current valid alcoholic beverage permit or a conditional use to permit an alcohol beverage outlet and are engaged in the commercial sale of alcoholic beverages at the permitted premises on the effective date of this ordinance; to provide that the moratorium shall apply only to persons or entities seeking the issuance or renewal of alcoholic beverage permits for premises that are located within the area bounded by North Claiborne Avenue, North Rampart Street, Saint Bernard Avenue, Toulouse Street and Orleans Avenue/Basin Street; and to provide otherwise with respect thereto.

53 CAL. NO. 27,569 - BY: COUNCILMEMBER WILLARD-LEWIS (BY REQUEST) - An Ordinance to temporarily waive certain fees and requirements and permit street closure within and around the 3300 block of Montegut Street, in conjunction with the Carver Desire Baptist Church Community Fair Activity, on Thursday, July 16, 2009 from 5:30 pm to 8:30 pm; to specify the duration and boundaries of said waiver; and to provide otherwise with respect thereto.

CAL. NO. 27,570 - BY: COUNCILMEMBER HEAD - An Ordinance to amend Section 1 of Ordinance No. 021567 M.C.S., to provide for a change in the legal description and to authorize the Mayor to enter into an Act of Correction between the City of New Orleans and Dominion/NO Centre, LLC and Neve Yerushalayim New Orleans Holdings, LLC to correct the legal description of air rights for the pedestrian bridge located over LaSalle Street between the Louisiana Superdome and the New Orleans Shopping Centre and Dominion Towner office building contained in that certain Cash Sale of Air Rights by and between the City of New Orleans and Poydras Square Associates dated July 20, 1989; to amend Section 2 and Section 3 of Ordinance No. 021567 M.C.S. to provide for successor and assignment rights; and otherwise to provide with respect thereto.

CAL. NO. 27,571 - BY: COUNCILMEMBER HEAD - An Ordinance to amend and reordain Section 6-38 of the Code of the City of New Orleans relative to the non-exclusive nature of administrative procedures and the superseding of particular sections of Chapter 6 until May 1, 2013; and to provide otherwise with respect thereto.

CAL. NO. 27,572 - BY: COUNCILMEMBER HEAD - An Ordinance to amend and reordain Section 10-157 of the Code of the City of New Orleans relative to the grounds for suspension and revocation of alcohol beverage permits; and to provide otherwise with respect thereto.

CAL. NO. 27,573 - BY: COUNCILMEMBER WILLARD-LEWIS (BY REQUEST) - An Ordinance to temporarily waive certain fees and requirements and permit street closure within and around the 1100 block of St. Maurice Street, in conjunction with the Women On Assignment Inc. Community Picnic Activity, on Saturday, July 4, 2009 from 11:00 am to 5:00 pm; to specify the duration and boundaries of said waiver; and to provide otherwise with respect thereto.

CAL. NO. 27,574 - BY: COUNCILMEMBER HEDGE-MORRELL (BY REQUEST)

54 - AN ORDINANCE to amend Section 2-898 of the Code of the City of New Orleans to establish criteria for the assignment of take home vehicles; to exempt public safety and service departments from the restrictions on assignments of take home vehicles; and otherwise to provide with respect thereto.

CAL. NO. 27,575 - BY: COUNCILMEMBER MIDURA - An Ordinance to Administratively Amend Ordinance No. 22,389 M.C.S. (Zoning Docket 25/06, a Conditional Use to permit a retail store (wine market) of less than 5,000 square feet with the sale of alcoholic beverages for on-premises and off-premises consumption in an existing building in a B-1 Neighborhood Business District) to permit modifications to the adopted provisos, on Square 1554, Lot J or Pts. J and H, in the Third Municipal District, bounded by Esplanade Avenue, Mystery, Maurepas, North Lopez and Ponce de Leon Streets (Municipal Addresses: 3141-3143 Ponce de Leon Street); and otherwise to provide with respect thereto. (ZONING DOCKET NO. 34/09)

CAL. NO. 27,576 - BY: COUNCILMEMBER HEAD - An Ordinance to provide for the establishment of a Conditional Use to permit a large child care center in an RD-2 Two-Family Residential District, on Square 783, Lot G, in the Sixth Municipal District, bounded by South Rocheblave, South Gayoso, Cadiz and Jena Streets (Municipal Address: 4537 South Rocheblave Street); and otherwise to provide with respect thereto. (ZONING DOCKET NO. 32/09)

CAL. NO. 27,577 - BY: COUNCILMEMBER HEAD - An Ordinance to amend Ordinance No. 16,976 M.C.S., as amended, the Comprehensive Zoning Ordinance of the City of New Orleans, by amending Article 18, to add a new Section 18.49 to establish the Gert Town Mixed Use Interim Zoning District to prohibit the establishment of any uses other than those authorized as permitted, accessory or conditional in the C-1A General Commercial District, for all areas zoned LI-Light Industrial or HI-Heavy Industrial District, within the areas bounded by South Carrollton and Walmsley Avenues, South Jefferson Davis Parkway and the Pontchartrain Expressway (Interstate Highway 10); and to otherwise provide with respect thereto. (ZONING DOCKET NO. 40/09)

CAL. NO. 27,578 - BY: COUNCILMEMBER HEAD - An Ordinance to reaffirm Ordinance No. 22,240 M.C.S. (Zoning Docket 105/05, a Conditional Use to permit a Multiple-Family dwelling with an increase in the number of accessory off-street parking spaces in the CBD-5 Central Business District), on Square 258, Lot B, in the First Municipal District, bounded by O‟Keefe Avenue,

55 Baronne, Girod and Lafayette Streets (Municipal Addresses: 919-939 Girod Street and 616-642 O‟Keefe Avenue); and otherwise to provide with respect thereto. (ZONING DOCKET NO. 41/09)

CAL. NO. 27,579 - BY: COUNCILMEMBER MIDURA (BY REQUEST) - An Ordinance to authorize an Act of Revocation of Dedication and Act of Exchange and Dedication of rights of way by and between the City of New Orleans (hereinafter referred to as the “City”), and the Housing Authority of New Orleans, (hereinafter referred to as “HANO”), wherein HANO agrees to exchange property owned by HANO and situated in the State of Louisiana, Parish of Orleans, for property owned by the City of New Orleans consisting of various lots and parcels of ground in Squares 229, 230, 231, 232, 270, 271, 272, 273, 274 and 277, all in the Second Municipal District, City of New Orleans, no longer needed for public purposes and to authorize a revocation of dedication of the property to be transferred by the City of New Orleans to HANO; and to authorize the Mayor of the City of New Orleans to execute an Act of Revocation of Dedication and Act of Exchange and Dedication.

THE FOREGOING ORDINANCES WERE LAID OVER AS REQUIRED BY LAW.

There being no further business, on motion of Councilmember Head, seconded by Councilmember Clarkson, and without objection, the Council meeting adjourned at 5:00 P.M.

Peggy Lewis, MMC Clerk of Council Ch