PROCEEDINGS OF THE MEETING OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF BREAUX BRIDGE HELD AT THE CITY HALL, 101 BERARD STREET, AT 6:00 P.M. ON TUESDAY, February 14, 2024.
Mayor Ricky Calais called the meeting to order, the invocation and the Pledge of Allegiance were recited.
Monthly budget-to-actual comparisons on the General Funds, Sales Tax Funds, Park and Recreation Fund, and Utility Funds were distributed to the councilmen and Mayor.
Present: Ryan Breaux, Eddy LeBlanc, Neil Melancon and Albert Menard
Absent: Scotty Borel
Upon motion of Ryan Breaux, duly seconded by Albert Menard and unanimously carried, the Board of Aldermen added the following item to the agenda:
#16: Authorize Mayor to enter into Lease Agreement with landowner for sludge dumping.
Upon motion of Neil Melancon, duly seconded by Albert Menard and unanimously carried the Board of Aldermen approved the minutes of the January 9, 2024 council meeting.
Upon motion of Albert Menard, duly seconded by Eddy LeBlanc and unanimously carried, the council accepted the recommendation of City Engineer Chris Richard to award the Filter Rehabilitation Project to NCMC, LLC.
Upon motion of Albert Menard, duly seconded by Ryan Breaux and unanimously carried, the following Resolution and Notice of Acceptance on the Water Well #7 Project was adopted.
NOTICE OF ACCEPTANCE
TO ALL WHOM IT MAY CONCERN, and especially to all subcontractors, workmen, laborers, mechanics, and furnishers of materials:
Public Notice is hereby given according to law that the undersigned Owner has accepted, as substantially complete, the work done on the WATER WELL NO. 7 by Griner Drilling Service, Inc., Contractor, under their contract with the City of Breaux Bridge, Louisiana, dated January 10, 2022, and recorded under Book No. 1699, page 253 in the Records of the Clerk of Court, Parish of St. Martin, Louisiana;
All subcontractors, workmen, laborers, mechanics, and furnishers of materials must assert whatever claim they may have against the said Contractor, growing out of the execution of said Contract, according to law, within 45 days from registration hereof.
CITY OF BREAUX BRIDGE, LOUISIANA
BY: /S/ Ricky J. Calais_______
Ricky J. Calais, Mayor
Date: 14th of February, 2024.
Resolution of Acceptance
A resolution authorizing and directing the Mayor to execute for and on behalf of the City of Breaux Bridge, Louisiana an Act of Acceptance from Griner Drilling Service, Inc., of Rayne, LA, Contractor, pertaining to the completion of the WATER WELL NO. 7 for the City of Breaux Bridge, LA.
Whereas, Griner Drilling Service, Inc., as Contractor, has substantially completed the WATER WELL NO. 7 for the City of Breaux Bridge, Louisiana, in accordance with the plans and specifications contained in the Contract Documents pertaining thereto; and
Whereas, the City of Breaux Bridge, Louisiana acting through its Mayor and Councilmen, desires to accept the completed work;
Now, therefore, it be resolved by the Councilmen of the City of Breaux Bridge, Louisiana, acting as the governing authority for the said City of Breaux Bridge, that the Mayor, be and he is hereby empowered, authorized and directed to execute an Act of Acceptance for and on behalf of the City of Breaux Bridge, Louisiana, accepting the work as being complete, and that he be authorized and directed to have a copy of said Acceptance recorded in the Conveyance Records of the Parish of St. Martin, State of Louisiana.
The foregoing resolution was offered by Albert Menard and
seconded by Neil Melancon.
This resolution having been submitted to a vote, the vote thereon was as follows:
Yeas | Ryan Breaux, Albert Menard, Neil Melancon, Eddy LeBlanc | |
Nays | None | |
Absent | Scotty Borel | |
And the resolution was declared adopted on this the 14th day of February, 2024.
Attest:
By/S/ Ricky Calais_____
Mayor
By: Kristi LeBlanc_________
Secretary
Upon motion of Albert Menard, duly seconded by Ryan Breaux and carried with Neil Melancon abstaining from vote, the Council approved Mayor Calais to proceed with the purchase of the Periou-Clause Property located adjacent to Parc Hardy.
Upon motion of Albert Menard, duly seconded by Ryan Breaux and unanimously carried the public hearing on Ordinance #2292(An ordinance to amend Chapter 23 of the Code of Ordinances, the Zoning Ordinance, by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 23-5.11 and 23-5.19.3 regarding zoning regulations applicable to all C-2 and C-6 zoning districts, concerning regulation of overnight camping and/or recreational vehicle parks, and matters related thereto) was opened.
Planning and zoning director, Jeremy Broussard explained the Ordinance was removing camp grounds and over night camping out of commercial districts C2 and C6 that have no regulations for it. It is to remove them and come up with regulations to define and place what and where they want RV Park to be allowed.
Mayor Calais explained he and Jeremy spoke and that Jeremy knows the neighboring cities that do not have specific sections or zones in their communities for campgrounds. They basically adopt minimum design that if you want to come to their community this is the design you have to meet, very strict standards you have to build it, examples are paved roads and paved pads for the campers. Mayor Calais stated there is no specific area in town you can put it. They can come in front of the Planning and Zoning and council to state where they want to put it, they pick an area and come to get permission to put it there, that way it can be better regulated.
Jeremy voiced it would make it more convenient to where the city would guide and place certain uses, that way they are not rezoning property and that way they don’t rezone property for campground and if they decide not to do the campground they don’t do some other use due to the rezoning of the property.
Albert Menard asked Jeremy what zone is a RV Campground.
Jeremy responded that they have it in C-2 and C-6.
Albert Menard wanted to know where Section C-2 fell.
Jeremy informed him that C-2 fell all over and gave examples like South Main, West Mills, some on Berard Street and Grandpoint Road.
Albert Menard asked if he had any C-2 in District C.
Jeremy informed him that yes on Mills Avenue.
Albert Menard stated that’s the problem he is having with trailers, because they took out R-1 and C-2 it killed the whole trailer situation. He asked what if a person wants RV and the property is already zoned.
City Attorney Bart Hebert explained it only affects Commercial Districts not Residential Districts.
Albert Menard stated that he thought they would come with what they want before taking it out. He would be more in agreement with coming with regulations before taking it out.
Mayor Calais explained that right now you want to have Campgrounds in the right place with regulations.
Albert Menard wanted to know from Jeremy what brought this about.
Jeremy informed him he had been going through ordinances finding things that do not have regulation.
Albert Menard informed him he would be more receptive putting ordinance with regulations.
Mayor Calais informed him that the idea now is to stop someone from putting them without regulations.
Neil Melancon informed him he had no problem with them coming up with requirements and presenting it to the council before removing it.
Mayor Calais stressed the problem is if they do that and someone comes tomorrow, they do not have restrictions and they cannot tell them no.
Albert Menard stated for the future when something in the ordinance is brought to be removed that they have something in place to add there also.
Upon motion of Ryan Breaux, duly seconded by Albert Menard and unanimously carried, there being no further input, the public hearing for Ordinance #2292 was closed.
Upon motion of Ryan Breaux, duly seconded by Albert Menard and unanimously carried Ordinance #2292 was adopted:
ORDINANCE NUMBER 2292
An ordinance to amend Chapter 23 of the Code of Ordinances, the Zoning Ordinance, by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 23-5.11 and 23-5.19.3 regarding zoning regulations applicable to all C-2 and C-6 zoning districts, concerning regulation of overnight camping and/or recreational vehicle parks, and matters related thereto.
BE IT ORDAINED by the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana duly convened in regular session on the 14th day of February, 2024, that:
The Code of Ordinances for the City of Breaux Bridge, Louisiana be amended by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 23-5.11 and 23-5.19.3 as follows:
Sec. 23-5.11. – C -2, Highway Commercial District.
Permitted uses: Retail sales and service stores, business and professional offices, restaurants, fueling stations, convenience stores, fix-it shops, personal services shops, laundromats, amusement centers, landscape sales and services, clinics, commercial parking, equipment sales and services, grocery centers, hotels, motels, technology centers (sales and services), pharmacies, private nursery schools and kindergartens, schools, public parks, religious centers (churches, temples, synagogues, community centers), retail storage facilities, and boat/vehicle sales.
Minimum lot area: None.
Minimum yards: Front depth twenty (20) feet. Front width none. Side Yard none, provided the buildings are of fireproof construction. Otherwise, a ten (10) foot minimum Side Yard is required. Rear Yard none, provided the buildings are of fireproof construction. Otherwise, a ten (10) foot minimum Rear Yard is required.
Sec. 23-5.19. – C-6, Rees Street Enhanced Arterial Commercial District.
Sec. 23-5.19.3. – Permitted Uses.
The Rees Street Enhanced Arterial Commercial Zoning District allows for a mix of commercial land uses including medical service, business office, general retail, restaurants, entertainment and athletic centers, equipment sales, fueling stations, food centers, department stores, business services, parking garages, vehicle repair shops, sports bars, plant nursery sales, convenience stores, personal services, movie theaters, hotels, motels, private nursery schools and kindergartens, schools and religious centers (churches, temples, synagogues, community centers). The zoning district allows for a select mix of high density residential provided above first floor ground commercial uses.
BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that all other ordinances and provisions of the Code of Ordinances for the City of Breaux Bridge, Louisiana, that are in conflict with the provisions hereof are hereby declared to be repealed to the extent any such conflict exists.
BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that the provisions of this ordinance are hereby declared to be severable, and if any provision, word, phrase, or clause of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the validity of the remaining portions thereof.
BE IT FURTHER ORDAINED by the Board of Alderman for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 14th day of February, 2024, that this ordinance shall become effective upon signature of the Mayor of the City of Breaux Bridge, Louisiana, the lapse of ten (10) days after receipt of the Mayor of the City of Breaux Bridge, Louisiana without signature or veto, or upon an override of a veto, whichever occurs first.
UPON MOTION of Ryan Breaux, seconded by Albert Menard, and upon verification and assurance that the foregoing ordinance was:
- Introduced on December 12, 2023, at the regular meeting of the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana;
- Disseminated to the Mayor and all Aldermen;
- Published, by title, in the official journal of the City of Breaux Bridge, Louisiana, together with the notice of the time and place of its consideration for formal adoption; and
- Presented at a public hearing held on the 14th day of February, 2024,
The Board of Aldermen, on the 14th day of February, 2024, adopted Ordinance Number 2292 by virtue of the following votes:
YEAS: Ryan Breaux, Albert Menard, Neil Melancon, Eddy LeBlanc
NAYS: None
ABSENT: Scotty Borel
ABSENTIONS: None
ATTEST: APPROVED:
/S/ Kristi LeBlanc__________ /S/ Ricky Calais___________
KRISTI LEBLANC, RICKY CALAIS,
CITY CLERK MAYOR
/S/ February 15, 2024_______ /S/ February 15, 2024
DATE DATE
Upon motion of Albert Menard, duly seconded by Eddy LeBlanc and unanimously carried, the public hearing on Ordinance #2293(An ordinance to amend Chapter 23 of the Code of Ordinances, the Zoning Ordinance, by the repeal of Sections 23-4.28 through 23-4.28.5, and by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 23-9 through 23-9.4 regarding zoning regulations and home occupation and matters related thereto) was opened.
Jeremy explained 23-4 Section for procedure getting home occupancy license then 23-9 you have a different set of procedures to get to the same goal, so what it’s doing is putting them together, they repealed all of 2.
23-4 took that information and put it into 23-9 and made the procedure clear on what it takes to apply.
City Attorney Bart Hebert stated home occupancy is allowing a commercial business in a residential district which is like a variance, but this is saying that they would allow it under certain circumstances.
Upon motion of Albert Menard duly seconded by Ryan Breaux and unanimously carried, there being no further input, the hearing was closed.
Upon motion of Neil Melancon, duly seconded by Eddy LeBlanc and unanimously Ordinance #2293 was adopted.
ORDINANCE NUMBER 2293
An ordinance to amend Chapter 23 of the Code of Ordinances, the Zoning Ordinance, by the repeal of Sections 23-4.28 through 23-4.28.5, and by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 23-9 through 23-9.4 regarding zoning regulations and home occupation and matters related thereto.
BE IT ORDAINED by the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana duly convened in regular session on the 14th day of February, 2024, that:
The Code of Ordinances for the City of Breaux Bridge, Louisiana be amended by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 23-4.28 through 23-4.28.5, and by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 23-9 through 23-9.4 regarding zoning regulations and home occupation and matters related thereto as follows:
Sec. 23-4.28. – Home occupation.
Repealed
Sec. 23-4.28.1. – Purpose.
Repealed
Sec. 23-4.28.2. – Definition.
Repealed
Sec. 23-4.28.3. – Authorization.
Repealed
Sec. 23-4.28.4. – Use limitations.
Repealed
Sec. 23-4.28.5. – Illustrative list of permitted and prohibited uses.
Repealed
Sec. 23-9. – Purpose.
The regulations of this section addressing “home occupation,” as such term is defined in Section 23-2.1 of the Comprehensive Zoning Ordinance, are designed to protect and maintain the residential character of established neighborhoods while recognizing that certain professional and limited business activities have traditionally been conducted in the home. This section recognizes that, when properly limited and regulated, such ventures can take place in a dwelling without changing the character of either the neighborhood or the residential structures which constitute the said neighborhood.
Sec. 23-9.1. – Express authorization by the board of adjustment required.
No home occupation shall be established, maintained or continued in or upon any lot within the City that is not located within a residential zoning district. Further, no home occupation shall be established, maintained or continued in or upon any lot within the City unless approval of the specific home occupation requested by Applicant for such lot is granted by the board of adjustment, after application, payment of application fee, public hearing, and written ruling issued by the board of adjustment specifically granting such home occupation for such lot, in strict compliance with all requirements and procedures set forth in this Chapter.
Sec. 23-9.2. – Use limitations.
In addition to all of the use limitations applicable in the zoning district or zoning classification in which Applicant’s lot is located, the board of adjustment shall not permit any home occupation on any lot unless Applicant’s proposed home occupation complies with all of the following restrictions:
(1) Not more than one person who is not a resident on the premises shall be employed, and then only as an assistant;
(2) Not more than 25 percent or 400 square feet of the floor area of a dwelling, whichever is greater, shall be devoted to the home occupation;
(3) No alteration of the dwelling shall be made which changes the character and appearance thereof as a dwelling;
(4) No stock-in-trade shall be displayed or sold on the premises where said stock-in-trade is visible to the public;
(5) The home occupation shall be conducted entirely within the dwelling or in a permitted accessory building, and in no event shall such use be apparent from any public way;
(6) There shall be no outdoor storage of equipment or materials used in the home occupation;
(7) Not more than one vehicle used in commerce shall be permitted in connection with any home occupation, and any such vehicle shall be stored in an enclosed garage;
(8) No mechanical, electrical, or other equipment which emanates noise, electrical, or magnetic interference, vibration, heat, glare, or other nuisance outside the residential or accessory building shall be used;
(9) No home occupation shall be permitted which is noxious, offensive, or hazardous by reason of vehicular traffic, generation of emission of noise, vibration, smoke, dust, or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation, or other objectionable emissions;
(10) No sign, other than one unlighted sign not over one square foot in area attached flat against the dwelling or accessory building, and displaying only the occupant’s name and occupation, shall advertise the presence of the conduct of the home occupation; and
(11) All ventures associated with the home occupation which involves visitation by the public must be conducted within the hours of 8:00 a.m. and 5:00 p.m.
Sec. 23-9.3. – Illustrative list of permitted uses; prohibited uses.
A. Home occupations may include the occupations that meet the purposes, standards, and requirements of this Chapter and in particular, may include, but are not necessarily limited to, the following:
(1) Providing instruction to not more than two students at a time, except for occasional groups;
(2) Daycare of not more than six non-resident children;
(3) Office facilities for accountants, architects, brokers, engineers, lawyers, insurance agents, realtors, and similar professions;
(4) Consultation or emergency treatment by a doctor or dentist, or any professional whose profession requires state license or certification but not the general practice of the profession;
(5) Office facilities for ministers, priests, and rabbis;
(6) Office facilities for salesmen, sales representatives, and manufacturer representatives when no retail or wholesale sales are made or transacted on the premises;
(7) Studio of an artist, photographer, craftsmen, writer, composer, or similar person;
(8) Shop of a beautician, barber, hairstylist, dressmaker, seamstress, tailor, taxidermist or similar person;
(9) Homebound employment of a permanently, physically, mentally, or emotionally handicapped person who is unable to work away from home by reason of the disability;
(10) The preparation of food and drinks associated with catering services away from the dwelling;
(11) The repair of electronic devices such as smart phones and computers;
(12) Small engine repairs, provided all activities are conducted within the dwelling or an accessory building, and
(13) The office of contractors, construction managers, and tradesmen whose work is performed away from the dwelling.
B. The following occupations or uses shall not be permitted as a home occupation:
(1) Nursing homes;
(2) Funeral homes, mortuaries, and embalming establishments;
(3) Restaurants;
(4) Stables, kennels, or veterinary hospitals;
(5) Bed and breakfast homes, tourist homes or the letting of more than two rooming units;
(6) Clinics, hospitals, or the general practice of medicine or dentistry;
(7) Clinics, hospitals, or the general practice of counseling or psychological services;
(8) Clubs, including fraternities and sororities;
(9) The instruction of more than two students at any particular time;
(10) Daycare for more than six non-resident children;
(11) The repair of automobiles and large engines, as well as vehicle body work;
(12) The retail or wholesale business of any kind involving transactions on the premises; and
(13) Any occupation or use, regardless of whether it meets any description under Subsection A above, that the board of adjustment, in its sole discretion, has not expressly authorized per the terms of written ruling issued to a particular Applicant for a particular lot, and in strict compliance with all requirements and procedures set forth in this Chapter.
Sec. 23-9.4. – Procedure.
- Written application shall be made by the lot owner to the zoning administrator identifying the lot for which home occupation is sought and describing the proposed home occupation use on such lot and reasons therefor; and which application shall be submitted with all of the following:
- The written approval of the home occupation proposed upon Applicant’s lot by the owner of each residentially zoned lot that is immediately adjacent to or abuts Applicant’s lot.
- The written approval of the home occupation proposed upon Applicant’s lot by the owner of each residentially zoned lot that is situated directly on the opposite side of any public street or right-of-way of any portion of Applicant’s lot, when extending the boundary lines of such lot across such public street or right-of-way to the Applicant’s lot.
- The written approval of the home occupation proposed upon Applicant’s lot by the owners of 75% or more of the lots that are located within a residential zoning district and within 500 feet of Applicant’s lot.
- Non-refundable application fee in the amount of $500.00.
- If the lot upon which a home occupation is sought is owned by more than one person or entity, all record title co-owners of such lot must join in the application. If any lot identified in Subsections A (1), (2) or (3) is owned by more than one person or entity, all record title co-owners of such lot must give his or her written approval of the home occupation proposed upon Applicant’s lot in order to be counted as a lot owner giving written approval.
- The measurement of the distance set forth in Subsection A (3) above shall be made by measuring in a straight line from the nearest point of any property line of Applicant’s lot upon which the home occupation is sought, to the nearest point of any property line of any such lot identified under Subsection A (3).
- Following Applicant’s satisfaction of all requirements under Subsections A through D above, the zoning administrator shall review the application to determine whether such a use may be permitted as a home occupation on Applicant’s lot under the provisions of this Chapter, and shall advise the Applicant of its decision and the reasons therefor in writing.
E. Following the zoning administrator’s determination that Applicant is not prohibited under the provisions of this Chapter from conducting the home occupation requested upon Applicant’s lot, the zoning administrator shall advertise for, schedule for public hearing, and place upon the agenda for a meeting of the zoning commission, a public hearing on Applicant’s petition for home occupation to be held before the zoning commission, and at which hearing the parties and citizens in interest shall have an opportunity to be heard.
F. Following the public hearing described in Subsection E above, the zoning commission shall submit to the board of adjustment its report and recommendation for or against the home occupation requested by the Applicant. The board of adjustment shall not take official action upon Applicant’s petition for home occupation until the report of the zoning commission has been received; provided, that, if such report has not been submitted to the board of adjustment within 45 days after the date of the public hearing, the board of adjustment may meet and take official action upon the home occupation petitioned for by the Applicant.
G. The board of adjustment shall decide whether to grant Applicant’s petition for home occupation within 90 days from date of receipt of the report and recommendations of the zoning commission or from the lapse of 45 days from the date of the public hearing, whichever is longer, and shall issue to Applicant its ruling, in writing, specifically granting or denying such home occupation for such lot; and if granted, setting forth any additional requirements or restrictions in connection therewith.
H. Should the board of adjustment grant the home occupation requested, Applicant must commence actual operation of such home occupation within six months of the date of the issuance of such ruling.
I. Should the board of adjustment deny Applicant’s petition for home occupation, then re-submission of application for the same or similar home occupation for Applicant’s lot shall not be permitted within six months of the date of the issuance of ruling by the board of adjustment.
J. Applicant shall be responsible for and pay to the city the cost of reducing the transcript of all the testimony given at any hearing held under this Chapter to writing.
BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that all other ordinances and provisions of the Code of Ordinances for the City of Breaux Bridge, Louisiana, that are in conflict with the provisions hereof are hereby declared to be repealed to the extent any such conflict exists.
BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that the provisions of this ordinance are hereby declared to be severable, and if any provision, word, phrase, or clause of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the validity of the remaining portions thereof.
BE IT FURTHER ORDAINED by the Board of Alderman for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 14th day of February, 2024, that this ordinance shall become effective upon signature of the Mayor of the City of Breaux Bridge, Louisiana, the lapse of ten (10) days after receipt of the Mayor of the City of Breaux Bridge, Louisiana without signature or veto, or upon an override of a veto, whichever occurs first.
UPON MOTION of Neil Melancon, seconded by Eddy LeBlanc, and upon verification and assurance that the foregoing ordinance was:
- Introduced on January 9, 2024, at the regular meeting of the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana;
- Disseminated to the Mayor and all Aldermen;
- Published, by title, in the official journal of the City of Breaux Bridge, Louisiana, together with the notice of the time and place of its consideration for formal adoption; and
- Presented at a public hearing held on the 14th day of February, 2024,
The Board of Aldermen, on the 14th day of February, 2024, adopted Ordinance Number 2293 by virtue of the following votes:
YEAS: Ryan Breaux, Albert Menard, Neil Melancon, Eddy LeBlanc
NAYS: None
ABSENT: Scotty Borel
ABSENTIONS: None
ATTEST: APPROVED:
/S/ Kristi LeBlanc_________ /S/ Ricky Calais___________
KRISTI LEBLANC, RICKY CALAIS,
CITY CLERK MAYOR
February 15, 2024_________ /S/ February 15, 2024
DATE DATE
Upon motion of Neil Melancon, duly seconded by Albert Menard and unanimously carried, the public hearing on Ordinance #2294(An ordinance to amend Chapter 23 of the Code of Ordinances, by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 23-11.2 and 23-13.2(3) regarding zoning regulations and fees for appeals to the board of adjustment and petitions for amendment of a zoning ordinance and matters related thereto) was opened.
Jeremy explained the reason for the change was to charge a fee for the cost regarding zoning regulations and fees for appeals and petitions for amendments for zoning ordinance.
Upon motion of Neil Melancon, duly seconded by Albert Menard and unanimously carried, there being no further input, the hearing was closed.
Upon motion of Eddy LeBlanc, duly seconded by Ryan Breaux and unanimously carried Ordinance #2294 was adopted.
ORDINANCE NUMBER 2294
An ordinance to amend Chapter 23 of the Code of Ordinances, by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 23-11.2 and 23-13.2(3) regarding zoning regulations and fees for appeals to the board of adjustment and petitions for amendment of a zoning ordinance and matters related thereto.
BE IT ORDAINED by the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana duly convened in regular session on the 14th day of February, 2024, that:
The Code of Ordinances for the City of Breaux Bridge, Louisiana be amended by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 23-11.2 and 23-13.2(3) regarding zoning regulations and fees for appeals to the board of adjustment and petitions for amendment of a zoning ordinance and matters related thereto, as follows:
Sec. 23-11.2. – Appeals.
Appeals to the board of adjustment may be taken by any party aggrieved, or by any officer, department, commission, board, bureau or other agency of the City of Breaux Bridge, Louisiana affected by any decision of the zoning administrator. Such appeal shall be taken within 30 days-time, by filing with the zoning administrator and with the board of adjustment a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the appeal action was taken. An appeal stays all proceedings in furtherance of the action unless the zoning administrator certifies to the board of adjustment that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril of life or property. In such a case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application or notice to the zoning administrator and on due cause shown. The board of adjustment shall fix a reasonable time not to exceed 45 days for the hearing of the appeals, give public notice thereof, as well as due notice to the interested parties and decide the appeal within a reasonable time. Upon the hearing any party may appear in person or by agent or be represented by attorney.
Each appeal shall be accompanied with payment of a non-refundable fee of five hundred ($500.00) dollars. Under no conditions shall said sum or any part thereof be refunded for any reason. The petitioner shall also be responsible for and pay the direct cost of reducing the transcript of the hearing of all the testimony given at any public hearing held in connection herewith to writing, and all costs of postage.
Sec. 23-13.2. – Petitions; Subparagraph (3).
3. Each petition shall be accompanied with payment of a non-refundable fee of five hundred ($500.00) dollars. Under no conditions shall said sum or any part thereof be refunded for any reason. The petitioner shall also be responsible for and pay the direct cost of reducing the transcript of the hearing of all the testimony given at any public hearing held in connection herewith to writing, and all costs of postage.
BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that all other ordinances and provisions of the Code of Ordinances for the City of Breaux Bridge, Louisiana, that are in conflict with the provisions hereof are hereby declared to be repealed to the extent any such conflict exists.
BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that the provisions of this ordinance are hereby declared to be severable, and if any provision, word, phrase, or clause of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the validity of the remaining portions thereof.
BE IT FURTHER ORDAINED by the Board of Alderman for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 14th day of February, 2024, that this ordinance shall become effective upon signature of the Mayor of the City of Breaux Bridge, Louisiana, the lapse of ten (10) days after receipt of the Mayor of the City of Breaux Bridge, Louisiana without signature or veto, or upon an override of a veto, whichever occurs first.
UPON MOTION of Eddy LeBlanc, seconded by Ryan Breaux, and upon verification and assurance that the foregoing ordinance was:
- Introduced on January 9, 2024, at the regular meeting of the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana;
- Disseminated to the Mayor and all Aldermen;
- Published, by title, in the official journal of the City of Breaux Bridge, Louisiana, together with the notice of the time and place of its consideration for formal adoption; and
- Presented at a public hearing held on the 14th day of February, 2024,
The Board of Aldermen, on the 14th day of January, 2024, adopted Ordinance Number 2294 by virtue of the following votes:
YEAS: Ryan Breaux, Albert Menard, Neil Melancon, Eddy LeBlanc
NAYS: None
ABSENT: Scotty Borel
ABSENTIONS: None
ATTEST: APPROVED:
/S/ Kristi LeBlanc______ /S/ Ricky Calais
KRISTI LEBLANC, RICKY CALAIS,
CITY CLERK MAYOR
February 15, 2024_____ February 15, 2024
DATE DATE
Upon motion of Albert Menard, duly seconded by Eddy LeBlanc and unanimously carried, the public hearing on ordinance #2295(An ordinance to amend Chapter 19 of the Code of Ordinances, by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 19-13, 19-46 and 19-48 regarding subdivision regulation and fees for plan review and matters related thereto) was opened.
Jeremy explained this was adding fee to all reviews and inspections the engineer must do.
Mayor Calais explained that all the fees being charged were very minimal, almost nothing and the citizens were paying for the plans to be reviewed and that this was more costly to the average citizen.
Neil Melancon asked to include under section 19-3 review and approval that they add the preliminary plat be provided to each council representative.
Upon motion of Albert Menard and unanimously carried, there being no further input the hearing was closed.
Upon motion of Eddy LeBlanc, duly seconded by Albert Menard and unanimously carried, Ordinance #2295 including provision to provide preliminary plat to the city council was adopted.
ORDINANCE NUMBER 2295
An ordinance to amend Chapter 19 of the Code of Ordinances, by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 19-13, 19-46 and 19-48 regarding subdivision regulation and fees for plan review and matters related thereto.
BE IT ORDAINED by the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana duly convened in regular session on the 14th day of February 2024, that:
The Code of Ordinances for the City of Breaux Bridge, Louisiana be amended by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 19-13, 19-46 and 19-48 regarding subdivision regulation and fees for plan review and matters related thereto, as follows:
Sec. 19-13. – Review and approval.
Upon receipt of the preliminary plat, and the payment of all fees for preliminary plat review in accordance with the table below, the planning director will provide copies of the plat for review to the appropriate city councilman, city directors, the parish health unit, city consulting engineer, utility companies and anyone else the planning director deems appropriate.
Once the preliminary plat receives approval by the city council, the developer must submit complete design documents (plans, specifications, permits, etc.), including calculations as required herein (see article III, Design Standards and Requirements) to the city for review and approval by the city engineer. The developer shall address all requirements conveyed until approval is recommended by the city engineer.
After the preliminary plat receives approval by the city council and approval of the design documents is recommended by the city engineer, the developer may install all required improvements, or guarantee installation of all required improvements as outlined elsewhere in the regulations.
The fees schedule for preliminary plat review is shown in the table below:
Residential Preliminary Plat Review | $1000 + $50 per lot | Due at time of submittal for review |
Commercial Preliminary Plat Review | $1500 + $15 per lot | Due at time of submittal for review |
Revised Preliminary Plat Review – Residential & Commercial | $500 | Due at time of submittal for review |
Sec.19.4(a)(4) Plat Review 5 or less Lots | $200 + $25 per lot | Due at time of submittal for review. |
Sec. 19-46. – Design of development facilities.
The design and planning of all development facilities such as drainage, streets and all utilities proposed to be public facilities located within rights-of-way, easement and servitudes shall be performed by a licensed engineer registered to practice in Louisiana. Plans and specifications shall be submitted to the city for the city engineer’s approval prior to construction, along with the payment of all fees due for the review of such plans in accordance with the table below. All testing reports, design data and information critical to making design decisions shall be submitted to the city engineer for approval along with the plans.
The fee schedule for review of plans required under this Section 19-46 is shown in the table below:
Construction Plan Review | $50 per Lot | Due at time of submittal for review |
Construction Plan Review Resubmit | $10 per lot | Due at time of submittal for review |
Drainage Impact Analysis Review – Less than 1 acre | $500 | Due at time of submittal for review. |
Drainage Impact Analysis Review – 1 Acre or Greater | $1200 | Due at time of submittal for review |
Sec. 19-48. – Certification of improvements.
The design engineer of record who has stamped the plans is required to provide a letter of certification to the city. The letter shall certify that all improvements were constructed in accordance with the approved plans and specifications. Once the engineer has provided the certification, testing and inspection reports and record drawings to the city for the city engineer’s review, along with the payment of all fees for final construction inspection in accordance with the table below, the city engineer will review and inspect the completed work. The city engineer may require additional testing of the completed facilities to assure the quality of the constructed facilities. All the testing, including the additional testing required by the city engineer, shall be paid by the developer.
(a) Certification of the subdivision improvements. The design engineer of record who has signed and stamped the plans is required to provide a letter of certification to the city and the city engineer. The letter shall certify that all the subdivision improvements were constructed using the required inspection, testing and quality control measures and in conformance with the approved plans and specifications.
(b) Submittal of test reports. The design engineer shall submit copies of all testing reports to the city engineer as they are completed. Perform and submit to the city engineer all required post construction testing reports showing the quality of all the improvements as soon as possible after construction.
(c) Record drawings. The design engineer shall submit three sets of construction plans updated to show the record locations of all the subdivision improvements to the city engineer for the city. Building permits will not be issued for building construction in the subdivision until record drawings are submitted to the city. For open ditch drainage systems, a culvert table shall be included as described in Section 5.1(b).
(d) The fee schedule for final construction inspection is shown in the table below:
Final Construction Inspection | $25 per lot | Due at the time of request of inspection |
Final Construction Additional Inspection | $10 per lot | Due at the time of request of inspection |
BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that all other ordinances and provisions of the Code of Ordinances for the City of Breaux Bridge, Louisiana, that are in conflict with the provisions hereof are hereby declared to be repealed to the extent any such conflict exists.
BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that the provisions of this ordinance are hereby declared to be severable, and if any provision, word, phrase, or clause of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the validity of the remaining portions thereof.
BE IT FURTHER ORDAINED by the Board of Alderman for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 14th day of February, 2024, that this ordinance shall become effective upon signature of the Mayor of the City of Breaux Bridge, Louisiana, the lapse of ten (10) days after receipt of the Mayor of the City of Breaux Bridge, Louisiana without signature or veto, or upon an override of a veto, whichever occurs first.
UPON MOTION of Eddy LeBlanc, seconded by Albert Menard, and upon verification and assurance that the foregoing ordinance was:
- Introduced on January 9, 2024, at the regular meeting of the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana;
- Disseminated to the Mayor and all Aldermen;
- Published, by title, in the official journal of the City of Breaux Bridge, Louisiana, together with the notice of the time and place of its consideration for formal adoption; and
- Presented at a public hearing held on the 14th day of February, 2024,
The Board of Aldermen, on the 14th day of February, 2024, adopted Ordinance Number 2295 by virtue of the following votes:
YEAS: Ryan Breaux, Albert Menard, Neil Melancon, Eddy LeBlanc
NAYS: None
ABSENT: Scotty Borel
ABSENTIONS: None
ATTEST: APPROVED:
/S/ Kristi LeBlanc________ /S/ Ricky Calais__________
KRISTI LEBLANC, RICKY CALAIS,
CITY CLERK MAYOR
February 15, 2024 February 15, 2024_________
DATE DATE
Upon motion of Albert Menard, duly seconded by Ryan Breaux and unanimously carried the following Resolution authorizing Mayor Calais to enter into an agreement the Louisiana Department of Transportation and Development concerning the intersection of Mills Avenue (State Highway 94) and Rees Street(State Highway 328) as part of State of Project NO H-014516 was adopted.
RESOLUTION
This resolution authorizes the Mayor to enter into an agreement with the LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT concerning the intersection of Mills Avenue (State highway 94) and Rees Street (State highway 328) as part of State Project NO. H.014516.
RESOLUTION
WHEREAS, the Louisiana DOTD and the City of Breaux Bridge previously entered into a formal agreement, dated October 18, 2021, to extend Mills Street from Rees Street (LA 328) to Doyle Melancon Extension, with a 2-lane boulevard section in the City of Breaux Bridge; and
WHEREAS, it is necessary to amend the agreement to update the Project Name from Mills Street Extension to Mills Avenue & Rees Street Intersection IMP, Article I: Project Description to update the scope, and Responsibility Tables by deleting Roadway Control Section 000-50 and adding two Responsibility Tables for Roadway Control Section 404-02 and 850-32; and Article II: Funding, Funding Tables by deleting Roadway Control Section: 000-50 and adding two Funding Tables for Roadway Control Section 404-02 and 850-32; and
WHEREAS, DOTD is agreeable to the implementation of this Project and desires to cooperate with the City of Breaux Bridge, as hereafter provided;
BE IT RESOLVED by the City Council of the City of Breaux Bridge that Mayor Ricky J. Calais is hereby authorized to execute on behalf of the City of Breaux Bridge, an agreement with the Louisiana Department of Transportation and Development as detailed in SUPPLEMENTAL AGREEENT NO. 1, STATE PROJECT NO. H014516, MILLS AVENUE AND REES STREET INTERSECTION IMP, CITY OF BREAUX BRIDGE.
BE IT FURTHER RESOLVED that if any portion or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this resolution which can be given effect without invalid provisions, items or applications and to this end the provisions of this resolution are hereby declared severable.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict herewith are hereby repealed.
The forgoing motion was offered by Albert Menard, seconded by Ryan Breaux, and put to a vote on this 14TH day of February, 2024.
The vote was as follows:
YEAS: Ryan Breaux, Albert Menard, Neil Melancon, Eddy LeBlanc
NAYS: None
ABSENT: Scotty Borel
ABSTAIN: None
AND THIS RESOLUTION was declared adopted as of the 14th day of February, 2024.
Signed: Ricky J. Calais______________________________
Ricky J. Calais, Mayor, City of Breaux Bridge
CERTIFICATE
I, Kristi LeBlanc, City Clerk of the City of Breaux Bridge, do hereby certify that the above is a true and exact copy of a resolution adopted by the City Council of the City of Breaux Bridge on February 14, 2024, at which time a quorum was present and voting.
Kristi LeBlanc______
Kristi LeBlanc, Clerk
Upon motion of Eddy LeBlanc, duly seconded by Neil Melancon and carried with Albert Menard abstaining from vote the council authorized Mayor Calais to execute and sign the Act of Acceptance for Corporate Boulevard.
Upon motion of Albert Menard, duly seconded by Eddy LeBlanc and unanimously carried, the council authorized Mayor Calais to sign Lease Agreement with landowners on Bergeron Road and Gloria Switch for dumping of sludge.
Upon motion of Ryan Breaux, duly seconded by Albert Menard and unanimously carried the meeting was adjourned.
________________________ __________________________
Kristi LeBlanc Ricky Calais
City Clerk Mayor