1-19-2010: Agenda [NOTES ADDED]
CITY OF D’IBERVILLE
REGULAR COUNCIL MEETING
January 19, 2010
6:00 P.M.
I. Call to Order
1. Prayer
2. Pledge of Allegiance
3. Motion to come out of recess
4. Manager’s Report
City Manager Michael Janus announced that the city is in the process of gathering information to apply for a newly announced, federal loan forgiveness program. The federal government is offering to forgive so-called Special Community Disaster Loans (CDLs) for those qualified municipalities that can show that they experienced an operating deficit for 3 consecutive years after Hurricane Katrina. The City of D’Iberville has approximately $1.6 million in CDL loans.
Janus praised CTA Executive Director Kevin Coggin for visiting the city last week and announcing a new route to begin on February 14, 2010. The new route will take riders from Keesler Air Force Base into D’Iberville’s shopping district at the I-110/I-10 interchange, making frequent stops in front of many stores and restaurants. CTA also announced that the existing Route 4 will now have stops in the Promenade Shopping Center. In addition, Coggin is hoping to place 8 shelter-bus stops along Route 4.
Janus also announced the appointment of D’Iberville citizen Jerry Dodge to the CTA board.
Police Chief Wayne Payne reported 734 calls for service over last 2 weeks. The department will soon have 5 new vehicles which are being outfitted with equipment and the department’s first motorcycle should be ready by Monday. Chief Payne said that his department is in the process of working with the Department of Homeland Security for more grant funding.
Fire Chief Gerald Smith reported that false alarm calls are down in the city and that his department responded to 53 calls since January 1, 2010. Chief Smith announced that his department will send 28 firefighters to the State Fire Academy over the next year for a variety of training and his department is hoping to sponsor a driver operator class in addition to vehicle extrication classes. Deputy Fire Chief Danny Miller conducted 11 plan reviews and finalized 6 inspections in last two weeks.
Planning Director Deonne Olier presented the City Council with a 2009 Case History. Planning Commission Case Study: 2009 [pdf]
Building Official Hank Rogers confirmed some upcoming developments in the city. The department store Kohl’s is expected to apply for temporary certification some time soon. The restaurant Logan’s is building quickly. Buffalo Wild Wings has submitted plans and Walmart is planning a major remodeling and upgrading effort.
Rogers spoke about the process of adopting new building codes, saying that his department and many others on the Coast are concerned with the 2009 International Code’s requirement that residential structures have sprinkler systems. Rogers told the council that the city is not required to change their building codes until 2012 and he hopes that some controversial issues will be worked out before the city is faced with the decision of adopting new codes.
Councilman Stephen Furney asked Rogers about some vehicles for sale and on-the-street furniture sales being conducted on Boney Avenue on private property there. Rogers promised to look into the matter.
Mayor Quave initiated discussion about a road in phase 6 of the Cypress Creek development, being closed off, causing citizens and bus drivers to inconveniently detour around the closed road. Mr. Janus informed the Mayor that the issue was in the process of being resolved and that the road was closed for public safety reasons after consultation with Police Chief Payne. The road does not have the correct signage at this time and still has some requirements left uncompleted.
Mr. Janus mentioned that there was a “terrible, three-car accident,” Friday on the I-110. Luckily there were no fatalities but one victim is still in intensive care. Mr. Janus asked that she be kept in everyone’s prayers.
Parks and Recreation Director Mike Mullins announced that 15 teams have entered in the professional category of the upcoming BBQ Throwdown and Festival with 29 teams total, competing.
Public Works Director Al Gombos gave an update on “two, out-of-ordinary” projects. Odor control units have been installed and should be activated by Friday and work on the Walgreen’s lift station should begin by Monday and should be a three to four-day job.
5. Citizens Comments
George Bates commented on the city’s proposed noise ordinance. [amendment to the existing ordinance] He said he thought the restrictions on stereo or radio music should be 24/7 and that the proposed ordinance was too vague. He felt a decibel level that is measurable should be the standard instead of the discretion of a police officer, which can change from one to another. He also expressed his preference that offenders be given community service as opposed to jail time, as jail, “only serves to expose people to more bad conduct.”
Ward 4 Councilman Stephen Furney thanked Mr. Bates for voicing his opinion. Of the noise issue Furney said,
“We’re going to try to put the word out and let these people know that we don’t want you coming into D’Iberville blaring your music and that kind of stuff.”
Mayor Quave asked City Manager Janus if he could look into placing some signage in and around the Community Complex, clearly marking the pavillion, named in honor of Julius Taranto, the Department of Motor Vehicles, the Post Office and other buildings to reduce the confusion and number of questions entertained by city hall staff from citizens trying to locate different offices.
Mayor Quave extended his sympathies and prayers to the victims of the earthquake in Haiti.
II. Acceptance of Agenda
1. Motion to approve DNP’s contract for the Base Bid along with Alternate #4 for the Waterfront Overlook project. APPROVED
2. Motion to approve Public Trust Tidelands Lease for Central Avenue Pier. APPROVED
2A: Amended Agenda Item: Appointment of Jerry Dodge to CTA Board. APPROVED
3. Motion to approve Resolution Determining the Necessity for and Invoking the Authority Granted to Municipalities by the Legislature with Respect to Tax Increment Financing, Determining That the Bayou Bridges Project is Eligible for Tax Increment Financing…and approval of publication regarding Notice of Public Hearing. APPROVED WITH REVISIONS TO BE MADE BY CITY ATTORNEY.
4. Motion to approve Promissory Note for $10,000 for Melissa Galbreath and Patti Jackson for the Reach Mississippi Program. APPROVED
5. Motion to approve Contribution to North Bay Area Mardi Gras Association in the amount of $3,500.00 to help support the Annual Mardi Gras Parade. APPROVED
Libby Harper thanked the Council for their support, inviting everyone to the Mardi Gras Ball on February 13. This is the 22nd year of the North Bay Mardi Gras Association’s annual ball and parade.
6. Motion to approve Amended Ordinance 32 (Sound Abatement)
Discussion: The proposed ordinance ammends the existing one. Drafted by City Attorney W. Fred Hornsby, it is similar to ones in Gulfport, as well as cities in North Carolina, Florida and Alabama. According to Hornsby the ordinance covers a broad range of noise issues and removes the requirement for a decibel level, leaving judgement in the hands of law enforcement officers. It also raises the penalty to a maximum of $1,000, the maximum allowed by state law. Hornsby explained that penalties and punishments will be left at the discretion of the city’s judges, on a case by case basis. Community service will be an option.
Building Official Hank Rogers expressed concern over construction restrictions for after-hours second and third shifts. Hornsby replied that “any act that is permitted is an execption under this ordinance.” Hornsby also mentioned that construction on weekends in residential neighborhoods would require a special permit.
The Ordinance was APPROVED with some ammended restriction times. [update to follow]
Amended Ordinance No. 32: Sound Abatement [pdf]
7. Motion to approve Space Lease with Cash Solutions, LLC regarding placement of ATM. APPROVED
Discussion: City Manager Michael Janus reported that the city has made arrangement with a local company to place an ATM machine in the lobby of City Hall, as a convenience to citizens paying court fines.
8. Motion to adjudicate the following parcels as a menace to the public and order the Building Official to take action as defined by Ordinance: APPROVED
- 1409F-02-036.00 and 1409F-02-036.001 - 10183 Gorenflo Rd.
- 1409F-01-018.006 - 3006 Quave Rd.
- 1408K-02-028.000 - 11320 Bay Dr.
9. Motion to approve City Manager, Michael Janus, to go to Washington, D.C. on January 25, 2010. APPROVED
10. Motion to approve Planning Commission Transcript of December 22, 2009. APPROVED
11. Case Number 2009-77-John Addison/Construction Services, Inc.- Application for a Variance Request for additional signage for east side of the proposed building for a Shoe Station to be located at 12026 Hidden River Rd. off the Promenade Parkway in ID-D (Approved by Planning Commission) APPROVED
12. Case Number 2009-75-M.A. Hunt-Application for a Conditional Use Approval for an Automated Ice Machine to be located at 10345 Automall Parkway in the parking lot of the NAPA business in a C-2 District. (Approved by Planning Commission with the condition that garbage cans be placed at the building and the top equipment be covered with matching awnings.) APPROVED
13. Case Number 2009-74-Carl Padgett/Gulf Orleans, Inc.-Application for a Preliminary Plat Approval for 11 lots in Phase II of River Walk S/D off Lamey Bridge Rd. in an R-1 District. (Approved by Planning Commission with conditions: pending final approval of a drainage plan before construction and that the property owners will be responsible for the grinders) APPROVED
14. Motion to approve Ordinance Prohibiting Depositing of Litter in Public Drains. APPROVED
Discussion: City Manager Janus stated that pollution and trash in our drainage ditches cost the city money. Janus requested the Ordinance be amended to allow for a maximum of $1,000 fine. The Mayor added that the biggest source of such pollution is cigarette butts, discarded by smokers.
15. Motion to Approve Butler Snow to perform the continuing disclosure requirements with the Securities Exchange Commission related to the 1998 and 2009 Bonds. APPROVED
16. Motion to approve Resolution Declaring Surplus Property (Trailer formerly used as Police Station) APPROVED
17. Motion to approve donation to the D’Iberville Little League for the purpose of advertising and bringing into favorable notice the opportunities, possibilities and resources of such municipality or county. APPROVED
III Public Agenda
1. Citizens Comments
Mayor Quave expressed concerns over citizens’ issues of drastically increased insurance rates based on early-post Katrina elevation requirements that were later changed by FEMA. Building official Hank Rogers agreed that more public education is necessary.
IV. Routine Agenda
1. Docket of Claims APPROVED
2. Revenue/Expenditure Report APPROVED
3. Water/Sewer Refund Report APPROVED
