October 19, 2006
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, October 19, 2006, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Michael E. Danahay, President, presiding, and the following members present:
Mesdames Elizabeth Conway Griffin and Sandra J. “Sandy” Treme; and Messrs. Francis Andrepont, Brent Clement, Calvin Collins, Tony Guillory, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, and Tony Stelly
Absent: Messrs. Guy Brame, Kevin Guidry, Hal McMillin, and Cornelius “Cornie” Moon (all out of town)
Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Parish Administrator; Mrs. Coleen Clark, Executive Secretary; Mr. Richard Gremillion, Director of Homeland Security and Emergency Preparedness; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Jerry Milner, Director of Finance; Mr. Claude Smart, Parish Engineer; Mr. Eric Roan of the firm of Plauche, Smith and Nieset, General Counsel; Ms. Kathy P. Smith, Recording Secretary; Mr. Gerry Trahan, Director of Facilities Management; and Mr. Jim Vickers, Director of Planning and Development.
President Danahay called the meeting to order. The invocation was pronounced by Mrs. Griffin which was followed by the Pledge of Allegiance. The roll was called with the result being as outlined above.
The following 2007 Trust Fund Awards totaling $692,840 from the Calcasieu Parish Road and Drainage Trust Fund Program were presented at this time:
City of Lake Charles – $500,000.00 for Holly Hill Reconstruction. City Councilman Stuart Weatherford accepted the award on behalf of the City of Lake Charles.
City of Sulphur – $92,840.00 for Burton Street Bridge/Lateral L-2. Mayor Ron LeLeux and City Councilmen Chris Duncan and Stuart Moss accepted the award on behalf of the City of Sulphur.
Town of Iowa – $100,000.00 for Kinney Avenue Drainage Improvements. Mayor Margo Racca accepted the award on behalf of the Town of Iowa.
Motion was made by Mrs. Griffin, seconded by Mr. Collins and carried unanimously that the following applications for liquor and beer permits be approved:
WARD 1
Sara of Washington, Inc.
Harry L. Shaheen, Jr. – Pres.
HARRY’S RESTAURANT & CASINO
2557 Hwy. 171 N.
Lake Charles, LA 70611 Beer – ‘2007 35.00
(Don Manuel’s District)
Sara of Washington, Inc.
Harry L. Shaheen, Jr. – Pres.
FIVE STAR QUICK STOP
2577 Hwy 171 N.
Lake Charles, LA 70611 Liquor & Beer – Pkg – ‘2007 75.00
(Don Manuel’s District)
Sara of Washington, Inc.
Harry L. Shaheen, Jr. – Pres.
FIVE STAR QUICK STOP NO. 2
1900 Sam Houston Jones Prkwy.
Lake Charles, LA 70611 Liquor & Beer – Pkg – ‘2007 75.00
(Don Manuel’s District)
Shorty’s Icehouse, LLC
Shelia Trahan-Screws – Member
SHORTY’S ICEHOUSE
1525 Hwy. 171 N.
Lake Charles, LA 70611 Liquor & Beer – ‘2007 135.00
(Don Manuel’s District)
Ariba Petroleum, LLC
Gul Awan – Member
BRONCO DISCOUNT
393 Hwy. 171 N
Lake Charles, LA 70611 Liquor & Beer – Pkg – ‘2007 75.00
(Calvin Collins’ District)
One Batt, Inc.
Larry Fontenot – Pres.
KOKOMO’S BAR
242 Hwy. 171 N.
Lake Charles, LA 70611 Liquor & Beer – ‘2007 135.00
(Calvin Collins’ District)
Gurganus, LLC
Diane S. Gurganus – Member
KERSHAW’S TOBACCO
501 Hwy. 171 N.
Lake Charles, LA 70611 Liquor & Beer – Pkg. – ‘2007 75.00
(Calvin Collins’ District)
Cypress Bluff Enterprises, LTD
Asad Husein – Pres.
T J’S MART & DELI
1115 Sam Houston Jones Prkwy
Lake Charles, LA 70611 Liquor & Beer – Pkg. – ‘2007 75.00
(Don Manuel’s District)
WARD II
Belinda R. & Carl J. LeBlanc d/b/a
BELIN’S GROCERY
7595 Hwy. 14 East
Hayes, LA 70646 Liquor & Beer – Pkg. – ‘2007 75.00
(Tony Stelly’s District)
WARD III
Parm Enterprises, Inc.
Kulwinder Singh – Director
FAST STOP
3605 Senator J. Bennett Johnston
Lake Charles, LA 70615 Liquor & Beer – Pkg. – ‘2007 75.00
(Tony Guillory’s District)
Parm Enterprises, Inc.
Kulwinder Singh – Director
FAST STOP DELI
3607 Senator J. Bennett Johnston
Lake Charles, LA 70615 Beer – ‘2007 35.00
(Tony Guillory’s District)
Sunrise of Lake Charles, LLC
Shujat Swati – Member
SUNRISE SUPER SAVER
5508 Hwy. 14
Lake Charles, LA 70607 Liquor & Beer – Pkg. – ‘2007 75.00
(Tony Stelly’s District)
WARD IV
The Plantation of Louisiana, LLC
Al Dicicco, Jr. – Manager
THE PLANTATION
3260 Hwy. 108
Westlake, LA 70669 Liquor & Beer – ‘2007 135.00
(Mike Dahanhay’s District)
Wayne’s of Sulphur, Inc.
Wayne Hardin – Pres.
WAYNE & LAYNE’S DELI
3906 Hwy. 27
Sulphur, LA 70665 Liquor & Beer – ‘2007 135.00
(Brent Clement’s District)
Eary Elmer Bennett, Jr. d/b/a
COUNTRY GROCERY & DELI
2893 Hwy 90 West
Sulphur, LA 70663 Beer – Pkg. – ‘2007 25.00
(Brent Clement’s District)
Westlake American Legion #370
Charles Thompson – Commander
WESTLAKE AMERICAN LEGION #370
2540 Miller Ave.
Westlake, LA 70669 Liquor & Beer – ‘2007 135.00
(Elizabeth Griffin’s District)
Dale Benoit d/b/a
B & O KITCHEN & GROCERY
3011 East Burton Street
Sulphur, LA 70663 Beer – Pkg. – ‘2007 25.00
(Hal McMillin’s District)
Mojo, Inc.
Chris Huber – Pres.
RUDY’S CORNER STORE
2945 David Road
Westlake, LA 70669 Liquor & Beer – Pkg. – ‘2007 75.00
(Hal McMillin’s District)
WARD VII
Jalou Magic, LLC
Reid Smith – Executive Vice-Pres.
CASH MAGIC CASINO
2334 Hwy. 109 S.
Vinton, LA 70668 Liquor & Beer – ‘2007 135.00
(Brent Clement’s District)
Jalou Magic, LLC
Reid Smith – Executive Vice-Pres.
CASH MAGIC TRUCK STOP
2334-A Hwy. 109 S
Vinton, LA 70668 Beer – Pkg. – ‘2007 25.00
(Brent Clement’s District)
Jalou of Vinton, LLC
Reid Smith – Executive Vice-Pres.
TEXAS PELICAN TRUCK STOP & CASINO
2213 Old Hwy. 90
Vinton, LA 70668 Liquor & Beer – ‘2007 135.00
(Brent Clement’s District)
BUBAB, LLC
Richard Abshire – Member
BAYOU CLUB
2363 Hwy 109 South
Vinton, LA 70668 Beer – ‘2007 35.00
(Brent Clement’s District)
TOTAL REMITTANCE: 1800.00
* * * * * * * * * * * *
Upon motion made by Mr. Andrepont, which was duly seconded by Mr. Stelly and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated September 21, 2006, were approved, and the reading of same was dispensed with.
President Danahay advised that action was needed on RZ08-032-06 which was a request by Hiram Durousseau to rezone from A-1 (Agricultural) to R-1 (Single Family Residential) to allow single-family residential development on Hungerford Road in Ward Eight, Police Jury District 10 (Mr. Stelly’s district). President Danahay further advised that the Planning and Zoning Board had met on Tuesday, October 17, 2006, and voted unanimously to recommend that the request be granted.
It was moved by Mr. Landry, seconded by Mr. Stelly and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to RZ08-032-06 and to grant the request to rezone; whereupon, the following ordinance was adopted:
ORDINANCE NO. 5173
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Hiram Durousseau to rezone from A-1 (Agricultural) to R-1 (Single Family Residential) to allow single family residential development on the property described as: Com at a point which is S 00 degs 05’ 22” W, a distance of 3053.8’ from the NW cor of S21, T9S, R7W; thence S 89 degs 07’ 36” E, a distance of 2599.39’ to a point which is 60.0’ W of the E line of the W/2 of S21, T9S, R7W; thence S 00 degs 04’ 49” W, a distance of 1838.2’ parallel to and 60’ W of said E line of the W/2 of S21, T9S, R7W, to a point which is 60.00’ N of the northerly right-of-way of Interstate Highway No. 10; thence N89 degs 24’ 45” W, a distance of 1138.38’ parallel to and 60’ N of said northerly right-of-way of Interstate Highway No. 10; thence N 00 degs 04’ 49” E, a distance of 553.22’; thence S 89 degs 07’ 36” E, a distance of 290.0’; thence N 00 degs 04’ 49” E, a distance of 480.66’; thence N 89 degs 07’ 36” W, a distance of 290.0’; thence N 00 degs 04’ 49” E a distance of 405.0’; thence N 89 degs 07’ 36” W, a distance of 550.3’; thence N 00 degs 05’ 22” E, a distance of 89.16’; thence N 89 degs 07’ 36” W a distance of 910.7’; thence N 00 degs 05’ 22” E, a distance of 270.84’ to the poc.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 19th day of October, 2006, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward Eight of this parish:
From A-1 (Agricultural) to R-1 (Single Family Residential) to allow single family residential development on the property described as: Com at a point which is S 00 degs 05’ 22” W, a distance of 3053.8’ from the NW cor of S21, T9S, R7W; thence S 89 degs 07’ 36” E, a distance of 2599.39’ to a point which is 60.0’ W of the E line of the W/2 of S21, T9S, R7W; thence S 00 degs 04’ 49” W, a distance of 1838.2’ parallel to and 60’ W of said E line of the W/2 of S21, T9S, R7W, to a point which is 60.00’ N of the northerly right-of-way of Interstate Highway No. 10; thence N89 degs 24’ 45” W, a distance of 1138.38’ parallel to and 60’ N of said northerly right-of-way of Interstate Highway No. 10; thence N 00 degs 04’ 49” E, a distance of 553.22’; thence S 89 degs 07’ 36” E, a distance of 290.0’; thence N 00 degs 04’ 49” E, a distance of 480.66’; thence N 89 degs 07’ 36” W, a distance of 290.0’; thence N 00 degs 04’ 49” E a distance of 405.0’; thence N 89 degs 07’ 36” W, a distance of 550.3’; thence N 00 degs 05’ 22” E, a distance of 89.16’; thence N 89 degs 07’ 36” W a distance of 910.7’; thence N 00 degs 05’ 22” E, a distance of 270.84’ to the poc.
Zoning Case RZ08-032-06
BE IT FURTHER ORDAINED that the rezoning of the above described property is effective this date, classified in accordance with a new zoning District Map (adding to the existing District Map) which is attached to this ordinance to be placed on file in the Office of the Clerk of Court showing the classification of the new area of the above described property.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ Michael E. Danahay, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
* * * * * * * * * * * *
President Danahay advised that action was needed on RZ02-031-06 which was a request by William J. Daughenbaugh to rezone from A-1 (Agricultural) to C-2 (General Commercial) to allow commercial development (boat storage) at 6028 Earl Daughenbaugh Road in Ward Two, Police Jury District 10 (Mr. Stelly’s district). President Danahay further advised that the Planning and Zoning Board had met on Tuesday, October 17, 2006, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that an occupational license must be obtained; (3) should the business cease, the property shall revert to A-1 (Agricultural) and (4) that no outside storage is allowed.
Motion was made by Mr. Stelly, seconded by Mr. Manuel and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to RZ02-031-06 and that the request to rezone be granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 5174
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by William J. Daughenbaugh to rezone from A-1 (Agricultural) to C-2 (General Commercial) to allow commercial development (boat storage) on the property described as: S/2 of the following described property: Com 1128.6 feet S of the NE cor of S29, T10S, R7W, thence S 960.7 feet, N 29 degs W 984.09 feet, thence N 122.2 feet, E 490 feet to the poc.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 19th day of October, 2006, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward Two of this parish:
From A-1 (Agricultural) to C-2 (General Commercial) to allow commercial development (boat storage) with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that an occupational license must be obtained; 3) should the business cease, the property shall revert to A-1 (Agricultural); and 4) that no outside storage is allowed on the property described as: S/2 of the following described property: Com 1128.6 feet S of the NE cor of S29, T10S, R7W, thence S 960.7 feet, N 29 degs W 984.09 feet, thence N 122.2 feet, E 490 feet to the poc.
Zoning Case RZ02-031-06
BE IT FURTHER ORDAINED that the rezoning of the above described property is effective this date, classified in accordance with a new zoning District Map (adding to the existing District Map) which is attached to this ordinance to be placed on file in the Office of the Clerk of Court showing the classification of the new area of the above described property.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ Michael E. Danahay, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
* * * * * * * * * * * *
President Danahay advised that action was needed on RA07-006-06 which was a request by J & L Jardell Partnership to abandon the east 261.7 feet of J. Jardell Road in Ward Seven, Police Jury District 12 (Mr. Clement’s district). President Danahay further advised that the Planning and Zoning Board had met on Tuesday, October 17, 2006, and voted unanimously to recommend that the request be granted, provided that the property owner donate property for a turnaround as depicted on the map attached to the agenda for the meeting on this date.
Upon motion made by Mr. Clement, which was duly seconded by Mrs. Griffin and carried unanimously, the recommendation of the Planning and Zoning Board was upheld with respect to RA07-006-06 and the request to abandon was granted with the stipulation outlined by said Board; whereupon, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 19th day of October, 2006, that it does hereby abandon the east 261.7 feet of J. Jardell Road in Ward Seven of Calcasieu Parish, Louisiana, as requested by J & L Jardell Partnership and recommended by the Calcasieu Parish Planning and Zoning Board, with the stipulation that the owner donate property for a turnaround, as shown in the deed and on the drawing, both of which are attached hereto and made a part hereof, on the property more particularly described as:
Approximately the East 261.7 feet of J. Jardell Road.
RA07-006-06
BE IT FURTHER AND FINALLY RESOLVED that the above public road right-of-way set forth above is hereby declared officially abandoned with one-half of said abandoned road right-of-way reverting to the abutting property owners as prescribed by law.
THUS PASSED AND ADOPTED on the date above inscribed.
* * * * * * * * * * * *President Danahay advised that action was needed on RZ08-029-06 which was a request by Preston Lee Duplichan, Jr. to rezone from C-3 (Central Business Commercial) to I-1 (Light Industrial) to allow a light industrial park on Highway 397 in Ward Eight, Police Jury District 4 (Mr. Guillory’s district). President Danahay further advised that the Planning and Zoning Board had met on Tuesday, October 17, 2006, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development, (2) that all signs must be low-profile monument signs, (3) that the dumpster and all storage areas must be in the rear and within an enclosed six-foot wooden fence, (4) that all buildings must have a facade that is non-metal, i.e. brick, stucco, hardy-plank or vinyl, (5) that all alcohol sales are prohibited, (6) that all lots must have landscaping as approved by the Division of Planning and Development, and (7) that lots 1 and 11 must have restricted driveway access to the interior subdivision road only.
It was moved by Mr. Guillory, seconded by Mr. Stelly and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to RZ08-029-06 and to grant the request to rezone with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 5175
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Preston Lee Duplichan, Jr., to rezone from C-3 (Central Business Commercial) to I-1 (Light Industrial) to allow a light industrial park on the property described as: Com at NW cor of S31, T9S, R7W, thence S 0 degs 17’ 11” W along W line of said Section 31 a distance of 1717.7 feet and S 89 degs 42’ 49” E 40 feet to the NW cor of tract of land sold to Johnnie J. Caldarera, et al bearing Clerk’s file no. 1654986 and poc, thence S 89 degs 42’ 49” E 70 feet, thence S 62 degs 50’ 20” E 270.2 feet, thence S 89 degs 04’ 20” E 1628.05 feet, thence S 0 degs 17’ 15” W 137.94 feet, thence N 89 degs 04’ 20” W 1939 feet to E right-of-way line of Louisiana State Highway 397, thence N 0 degs 17’ 11” E 278.3 feet to commencement, subject to existing easements of record containing 7.145 acres m/l.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 19th day of October, 2006, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward Eight of this parish:
From C-3 (Central Business Commercial) to I-1 (Light Industrial) to allow a light industrial park with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that all signs must be low profile monument signs; 3) that the demister and all storage areas must be in the rear and within an enclosed 6 foot wooden fence; 4) that all buildings must have a facade that is non-metal (i.e. brick, stucco, hardy-plank or vinyl); 5) that all alcohol sales are prohibited; 6) that all lots must have landscaping as approved by the Division of Planning and Development; and 7) that lots 1 and 11 must have restricted driveway access to the interior subdivision road only, on the property described as: Com at NW cor of S31, T9S, R7W, thence S 0 degs 17’ 11” W along W line of said Section 31 a distance of 1717.7 feet and S 89 degs 42’ 49” E 40 feet to the NW cor of tract of land sold to Johnnie J. Caldarera, et al bearing Clerk’s file no. 1654986 and poc, thence S 89 degs 42’ 49” E 70 feet, thence S 62 degs 50’ 20” E 270.2 feet, thence S 89 degs 04’ 20” E 1628.05 feet, thence S 0 degs 17’ 15” W 137.94 feet, thence N 89 degs 04’ 20” W 1939 feet to E right-of-way line of Louisiana State Highway 397, thence N 0 degs 17’ 11” E 278.3 feet to commencement, subject to existing easements of record containing 7.145 acres m/l.
Zoning Case RZ08-029-06
BE IT FURTHER ORDAINED that the rezoning of the above described property is effective this date, classified in accordance with a new zoning District Map (adding to the existing District Map) which is attached to this ordinance to be placed on file in the Office of the Clerk of Court showing the classification of the new area of the above described property.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ Michael E. Danahay, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
* * * * * * * * * * * *
President Danahay advised that action was needed on RZ03-033-06 which was a request by John K. Broussard to rezone from A-1 (Agricultural) to C-2 (General Commercial) to allow commercial development (RV/boat storage) at 6615 Lake Street in Ward Three, Police Jury District 7 (Mr. Landry’s district). President Danahay further advised that the Planning and Zoning Board had met on Tuesday, October 17, 2006, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development, (2) that all drives and parking must be hardsurfaced (concrete or asphalt) upon completion of the storage facility, (3) that a solid six-foot wood or masonry fence must be installed along the west property line (Lake Street) for a distance of approximately 175' prior to permit issuance, and (4) that a landscape plan must be submitted and approved by the Division of Planning and Development for the area along the required fence line prior to permit issuance.
Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to RZ03-033-06 and that the request to rezone be granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 5176
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by John K. Broussard, to rezone from A-1 (Agricultural) to C-2 (General Commercial) to allow commercial development (RV/Boat Storage) on the property described as: The E 63.7 feet of the following: Com 500.0 feet N and 40.0 feet E of the SW cor of the NW/4 of the SW/4 of S31, T10S, R8W, Calcasieu Parish, Louisiana; thence E 463.7 feet, thence S 375.75 feet; thence W 463.7 feet; thence N 375.75 feet to the poc.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 19th day of October, 2006, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward Three of this parish:
From A-1 (Agricultural) to C-2 (General Commercial) to allow commercial development (RV/Boat Storage) with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that all drives and parking must be hardsurfaced (concrete or asphalt) upon completion of the storage facility; 3) that a solid 6’ wood or masonry fence must be installed along the west property line (Lake Street) for a distance of approximately 175’ prior to permit issuance; and 4) that a landscape plan must be submitted and approved by the Division of Planning and Development for the area along the required fence line prior to permit issuance, on the property described as: The E 63.7 feet of the following: Com 500.0 feet N and 40.0 feet E of the SW cor of the NW/4 of the SW/4 of S31, T10S, R8W, Calcasieu Parish, Louisiana; thence E 463.7 feet, thence S 375.75 feet; thence W 463.7 feet; thence N 375.75 feet to the poc.
Zoning Case RZ03-033-06
BE IT FURTHER ORDAINED that the rezoning of the above described property is effective this date, classified in accordance with a new zoning District Map (adding to the existing District Map) which is attached to this ordinance to be placed on file in the Office of the Clerk of Court showing the classification of the new area of the above described property.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ Michael E. Danahay, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
* * * * * * * * * * * *
President Danahay advised that no action was needed at this time on RZ04-030-06 which was a request by Petrologistics Olefins, LLC, to rezone from A-1 (Agricultural) to I-2 (Heavy Industrial) to allow industrial development (ethane storage facility) on Highway 90 West in Ward Four, Police Jury District 13 (Mr. Andrepont’s district), due to the fact that the applicant had requested a deferral until November, 2006, to allow him time to educate the public regarding this project.
It was moved by Mr. Andrepont and seconded by Mr. Stelly to adopt a resolution extending the provisions as set forth in a resolution adopted on October 11, 2005, which authorized temporary waivers from zoning restrictions for temporary housing acquired by property owners due to damages caused by Hurricane Rita, said extension to be for a period of nine months.
Mr. Vickers explained that the original waiver was for a period of one year and was obviously still needed due to the fact that there were still a lot of people living in FEMA trailers, some of whom were waiting on funding from the Louisiana Road Home Program, and the fact that when a trailer was no longer needed, it had to be decommissioned and moved off the property, all of which took time. Mr. Vickers stated that perhaps the nine-month extension would provide sufficient time for the area housing supply to catch up with the need.
In answer to a question by Mrs. Griffin, Mr. Vickers advised that there had been a lot of requests for tax credits through the Louisiana Housing Finance Agency as well as for benefits under the Gulf Opportunity Zone (Go Zone) legislation, so hopefully there would soon be visible signs of construction of affordable housing in the area.
Mr. Clement asked what the permit fee had been for a FEMA trailer, to which Mr. Vickers responded that in an effort to work with each individual’s circumstances, no fee had been charged if the trailer could be hooked up to utilities at an existing house, and further, if the house had been demolished but still had sewer facilities and electricity could be supplied, a $25 permit fee had been charged.
A vote taken on the motion on the floor carried unanimously, and the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 19th of October, 2006, that it does hereby extend the provisions as set forth in a resolution adopted by the Police Jury on October 11, 2005, which authorized temporary waivers from zoning restrictions for temporary housing acquired by property owners due to damages caused by Hurricane Rita,.
BE IT FURTHER RESOLVED that this extension shall be for a period of nine (9) months, and the provisions to which the extension applies are as follows (as previously adopted on October 11, 2005):
Temporary Permits:
(a)the placement of one (1) manufactured home or recreational vehicle on the property of an existing dwelling which suffered damage as a result of Hurricane Rita while doing repairs or reconstruction is permitted in all zoning districts on a temporary basis not to exceed one (1) year from date of permit issuance, and any extension of said period shall be considered on a case-by-case basis.
(b)the placement of multiple manufactured homes or recreational vehicles is permitted in all Agricultural, Multi-Family Residential, Commercial and Industrial Zoning Districts on a temporary basis not to exceed one (1) year from date of permit issuance, and any extension of said period shall also be considered on a case-by-case basis.
Procedures for filing an application to petition Temporary Housing Permits with Director’s approval:
Section 1. Definition for Temporary Dwelling is hereby defined as: recreational vehicles (a.k.a. travel trailers, conventional, fifth-wheel, folding camping trailer, motor home, van camper, conversion van, truck camper) and manufactured homes.
Section 2. Director’s approval is defined as an administrative process to produce a decision by the Director of the Division of Planning and Development as it pertains to facilitating housing due to the effects of Hurricane Rita in Calcasieu Parish. The Director’s approval process does not involve a public hearing unless a decision is appealed by the applicant to the Calcasieu Parish Planning and Zoning Board.
Section 3. No application to petition for a Director’s approval for housing shall be considered unless one of the following criteria apply:
(a)the placement of temporary dwellings on one lot in R-1 (Single Family Residential and R-2 (Mixed Residential) zoning districts, where the dwelling is not damaged and the property owner would like to provide housing relief due to the effects of Hurricane Rita on a temporary basis not to exceed one (1) year from date of permit issuance;
(b)the replacement of a non-conforming manufactured home in a R-1 (Single Family Residential) zoning district for the occupancy of the property owner only; and
(c) the placement of a temporary dwelling on a vacant lot in a R-1 (Single Family Residential) zoning district for the occupancy of the property owner only on a temporary basis not to exceed one (1) year from date of permit issuance.
Section 4. Procedures to be followed for Director’s approval include:
(a)The applicant must execute and file an application to petition with the Division of Planning and Development. The Division may require supplemental data including, but not limited to, a site plan, and building plans.
(b)After the Director of the Division of Planning and Development has determined the application to be complete, a copy of the application shall be forwarded to the representing police juror for review. Notice of the request shall be published at least two (2) times in the official journal of the Parish, and seven (7) days shall elapse between the first publication and the date of the notice of Director’s approval or denial.
THUS PASSED AND ADOPTED on this, the 19th day of October, 2006.
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Upon motion made by Mr. Landry, which was duly seconded by Mrs. Griffin and carried unanimously, the following resolutions were adopted:
RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, by The Meridian Resource and Exploration, LLC to install, operate and maintain structures and equipment necessary for oil and gas drilling, production and transportation activities. Such activities include installation of typical marine barges and keyways, and production structures with attendant facilities in support of Well Nos. 1 & 2. Said project is located on a canal off the Sabine River, in the Phoenix Lake Oil Field, Section 17, T11S-R13W, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of The Meridian Resource and Exploration, LLC relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and
WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided all necessary permits are obtained from the Parish Division of Planning and Development prior to commencement of the project.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 19th day of October, 2006, that it does hereby indicate no objection to the proposal of The Meridian Resource and Exploration, LLC to install, operate and maintain structures and equipment necessary for oil and gas drilling, production and transportation activities. Such activities include installation of typical marine barges and keyways, and production structures with attendant facilities in support of Well Nos. 1 & 2. Said project is located on a canal off the Sabine River, in the Phoenix Lake Oil Field, Section 17, T11S-R13W, in Calcasieu Parish, Louisiana. The project can be located on the U.S.G.S. quadrangle map entitled: Orange, Louisiana.
BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions, provided said work meets with the rules and regulations of the Corps of Engineers, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
THUS PASSED AND ADOPTED on the date above inscribed.
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RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Clifton and Bridget Smith to construct and maintain a 178-feet long by 120-feet wide pond, install three 18-inch culverts and one 6-inch corrugated overflow pipe, dredge approximately 4,485.3 cubic yards from pond area and use to construct 15-feet wide by 4-feet high levee around the pond. Project implementation would impact approximately 0.5 acres of wetlands. Said project is located on the right descending bank of Indian Bayou at 2538 Sutherland Road, Lake Charles, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Clifton and Bridget Smith relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and
WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided all necessary permits are obtained from the Parish Division of Planning and Development prior to commencement of the project.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 19th day of October, 2006, that it does hereby indicate no objection to the proposal of Clifton and Bridget Smith to construct and maintain a 178-feet long by 120-feet wide pond, install three 18-inch culverts and one 6-inch corrugated overflow pipe, dredge approximately 4,485.3 cubic yards from pond area and use to construct 15-feet wide by 4-feet high levee around the pond. Project implementation would impact approximately 0.5 acres of wetlands. Said project is located on the right descending bank of Indian Bayou at 2538 Sutherland Road, Lake Charles, in Calcasieu Parish, Louisiana.
BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
THUS PASSED AND ADOPTED on the date above inscribed.
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It was moved by Mr. Collins, seconded by Mr. Landry and carried unanimously to authorize the Director of Planning and Development to notify the following property owners, in accordance with Article II of Chapter Six of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to show cause at a public hearing on November 16, 2006, or the first regular Police Jury meeting thereafter, as to why the structures on the properties as stipulated should not be condemned:
(1) 1535 GEORGIA ROAD, Moss Bluff area, Com S/Line of NE NE 33.8.8 107.8 Ft E of SW Cor NE NE TH E 208.7 Ft N 208.7 Ft etc, Ward 1, Calcasieu Parish, Louisiana (one manufactured home) Owner: Benedict Holland, 147 E 26th Street, Reserve, LA 70084, TA# 00525693 (Police Jury District 2, Mr. Collins);
(2) GROGAN LANE, east Lake Charles area, Com 499.57 Ft S and 326.6 Ft E of NW Cor NW NE 35.9.8, W 128.3 Ft to E Line of R/W for Pub Road S 52.18 Ft along E Line R/W E 128.3 Ft etc., Ward Three, Calcasieu Parish, Louisiana (one manufactured home) Owner: Jimmy Herman Hill, P O Box 437, Lake Charles, LA 70602, TA# 00076317 (Police Jury District 2, Mr. Collins);
(3) 214 PREDIUM ROAD, south Lake Charles area, Lot 14, Predium Subdivision, Ward 3, Calcasieu Parish, Louisiana (one house) Owner: Derran Clark, 234 Isreal Road, Lake Charles, LA 70601, TA# 00059641 (Police Jury District 7, Mr. Landry);
(4) 1719 WHISPERING PINES, south Lake Charles area, Lots 11 and 12, Block 2, Whispering Pines Subdivision, No. 1, Ward 3, Calcasieu Parish, Louisiana (one manufactured home) Owner: Kent Chris McDonald, 1719 Whispering Pines, Lake Charles, LA 70605, TA# 00087025 (Police Jury District 6, Mr. Moon);
(5) 7724 WILLIE STREET, Hayes area, Lot 17, E J Primeaux Subdivision, Ward 2, Calcasieu Parish, Louisiana (one manufactured home) Owner: Offord Daley, c/o Sherry Rougeau (heir), 610 Kellog Lot #8, Lake Arthur, LA 70549, TA# 00038938A and 00038938 (Police Jury District 10, Mr. Stelly);
(6) 9442 BIG LAKE ROAD, southwest Lake Charles area, Lots 3 and 4, Treasureland Subdivision, Ward 3, Calcasieu Parish, Louisiana (one house) Owner: Joseph Rodney Henry, 167 David Lane, Lake Charles, LA 70607, TA# 00056103 (Police Jury District 8, Mr. Brame);
(7) 3076 DUNN FERRY ROAD, west Moss Bluff area, Com SW Cor SW SW Sec 23.8.9, TH run E along S/L of said SW SW a distance of 767.95 FT to Pt of Beg; TH N 942.86 Ft, TH E 190 Ft TH S 942.86 Ft, TH W 190 Ft to Pt of Beg (Contg 4.11 Acs M/L) Subj to Rd R/W along S/S, Ward 1, Calcasieu Parish, Louisiana (one manufactured home) Owner: Timothy Allen Dahly, et ux, 3076 Dunn Ferry Road, Lake Charles, LA 70611, TA# 01353277 (Police Jury District 1, Mr. Manuel);
(8) 6032 PERRY LANE, south Lake Charles area, Lot 129, Brigas Acres Subdivision, Part No. 3, Ward 3, Calcasieu Parish, Louisiana (one manufactured home) Owner: Nellie Ruth Willis, 5840 Perry Lane, Lake Charles, LA 70605, TA# 00064130 (Police Jury District 6, Mr. Moon);
(9) 4006 SHERRY STREET, Carlyss area, Lot 32, Rosemont #5 (Part #1) Subdivision, Ward 4, Calcasieu Parish, Louisiana (one accessory building) Owner: L J Deshotel, et ux, 14397, Arceneaux Road, Welsh, LA 70591, TA# 01340834 (Police Jury District 12, Mr. Clement);
(10) 4116 SHERRY STREET, Carlyss area, Lot 66, Rosemont #5 (Part #1) Subdivision, Ward 4, Calcasieu Parish, Louisiana (one manufactured home) Owner: Darrell Wayne Chaisson, et ux, 4116 Sherry Street, Sulphur, LA 70665, TA# 01362136 (Police Jury District 12, Mr. Clement); and
(11) 705 SUNDALE DRIVE, south Lake Charles area, Lot 6, Sundale Subdivision, Ward 3, Calcasieu Parish, Louisiana (one house) Owner: Donald Lee Lack, et ux, 103 S Hazel Street, Sulphur, LA 70663, TA# 00098485 (Police Jury District 7, Mr. Landry).
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Motion was made by Mr. Andrepont, seconded by Dr. Mackey and carried unanimously that the following ordinance be adopted:
ORDINANCE NO. 5177
WHEREAS, Ordinance No. 5131 was adopted by the Police Jury on August 3, 2006, levying various ad valorem tax millages (maintenance tax millages) for 2006; and
WHEREAS, subsequent to adoption of Ordinance No. 5131, an error was detected in the millage levied for Ward Three Fire Protection District No. Two Maintenance.
NOW, THEREFORE,
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 19th day of October, 2006, that it does hereby amend Ordinance No. 5131 which was adopted by the Police Jury on August 3, 2006, and further, does hereby levy the following corrected ad valorem tax millage (maintenance tax millage) for 2006:
Ward Three Fire Protection District No. Two Maintenance 11.54 mills
THUS DONE AND PASSED by the following vote:
YEAS:Mesdames Elizabeth Conway Griffin and Sandra J. Treme; and Messrs. Francis Andrepont, Brent Clement, Calvin Collins, Tony Guillory, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, and Tony Stelly
NAYS: None
ABSENT: Guy Brame, Kevin Guidry, Hal McMillin, and Cornie Moon
NOT VOTING:President Danahay
/s/ Michael E. Danahay, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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Following a brief report by Mr. Andrepont, Chairman of the Wastewater Study Committee, it was moved by Mrs. Griffin, seconded by Dr. Mackey and carried unanimously to approve the Wastewater Study Committee Report dated October 19, 2006, and all recommendations contained therein, as follows:
WASTEWATER STUDY COMMITTEE REPORT
October 19, 2006
A meeting of the Wastewater Study Committee was held at 4:30 p.m. on Thursday, October 19, 2006, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Chairman Francis Andrepont presiding, and the following members present:
Mr. Brent Clement, Mrs. Elizabeth Conway Griffin, Mr. Tony Guillory, and Mr. Don Manuel
Absent: Mr. Hal McMillin and Charles S. Mackey, D.D.S.
Also present were Police Jurors Tony Stelly, Sandy Treme and Michael E. Danahay, and staff members Mr. S. Mark McMurry, Mr. Bryan Beam, Mr. Claude Smart, Mr. Gerry Trahan, and Ms. Kathy P. Smith.
Said Committee:
(1) Received an update from Mr. Wayne Harris of Meyer and Associates, Inc., on the current status of the wastewater study wherein he reported that two additional engineers had been assigned to this task which should help in getting back on schedule with the study. Mr. Harris also reported that individual workshops with jurors and staff would be scheduled, particularly for parts of the Parish that lie within specific target areas such as Carlyss, north Westlake, Moss Bluff, and south Lake Charles.
There being no further business, Chairman Andrepont declared the meeting to be adjourned.
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Upon motion made by Mr. Manuel, which was duly seconded by Mr. Stelly and carried unanimously, Calcasieu Parish Project No. 2006-09 (Striping of Various Roads) was accepted as substantially complete.
Motion was made by Dr. Mackey, seconded by Mr. Collins and carried unanimously that the Parish Purchasing Agent be authorized to purchase two GPS Rover Stations with Real Time Capacity/Datalink to the CORS Station, utilizing State Contract Purchasing Procedures, for use by the Division of Engineering and Public Works.
It was moved by Mr. Andrepont, seconded by Mr. Manuel and carried unanimously to suspend the rules by a two-thirds majority vote to adopt the following resolution:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 19th day of October, 2006, that it does hereby ratify the Local Government Proclamation of Pending State of Emergency signed by President Danahay on October 16, 2006, with reference to recent heavy rains and widespread property damage that may result from flooding of most waterways in the Parish of Calcasieu. The Proclamation reads as follows:
LOCAL GOVERNMENT PROCLAMATION OF
PENDING STATE OF EMERGENCY
WHEREAS, Due to the recent heavy rains, widespread property damage may result from flooding of most waterways in the Parish of Calcasieu; and
WHEREAS, immediate emergency action may be required to minimize the effects of the potential effects to property in the Parish of Calcasieu; and
WHEREAS, the area involved is in need of emergency action, support and funding to respond to this flooding event; and
NOW, THEREFORE, I, Michael E. Danahay, Calcasieu Parish Police Jury President, by the authority vested in me by the Louisiana Emergency Assistance and Disaster Act of 1993, as amended, which may prevail, do hereby proclaim a State of Emergency to exist in the Parish of Calcasieu and that all Emergency Preparedness emergency plans have been activated. It is further announced that Richard J. Gremillion has been designated as the point of contact for all responsible activities relating to this emergency.
THIS PROCLAMATION ISSUED THIS 16th DAY OF OCTOBER 2006, AND EFFECTIVE AT TIME OF ISSUANCE.
/s/ Michael E. Danahay
Calcasieu Parish Police Jury, President
Michael E. Danahay
/s/ Richard J. Gremillion
Office of Emergency Preparedness, Director
Richard J. Gremillion
THUS DONE AND PASSED on the date above inscribed.
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Mrs. Griffin expressed her concerns about lack of proper drainage within the city limits of Lake Charles and asked if the unincorporated areas had also suffered during the recent flooding, to which Mr. Smart responded that he had not heard any reports of houses flooding, but he did expect conditions to worsen along Old Town Bay and the Calcasieu River due to rising water.
Mrs. Treme asked that the engineering and public works staff take a look at drainage issues in the Pine Acres area of her district.
Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the Police Jury go into executive session to discuss Lawsuit No. 2005-5616 (Stagg vs. Police Jury). Following the executive session, the Police Jury reconvened in Regular Session, and motion was made by Mrs. Griffin, seconded by Mr. Andrepont and carried unanimously that the recommendations given by legal counsel during the executive session be accepted.
There being no further business, motion was made by Mr. Guillory, seconded by Mr. Stelly and carried unanimously that the meeting be adjourned.
/s/ Michael E. Danahay, President
/s/ S. Mark McMurry, Parish Administrator &
Ex-Officio Secretary