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, SEPTEMBER 13, 2022.
Mayor Ricky Calais called the meeting to order, the invocation and the Pledge of Allegiance were recited.
PRESENT: Ryan Breaux, Scotty Borel, Ernest “E.J.” Ledet, Neil Melancon and Eddy LeBlanc.
ABSENT: None
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.
Upon motion of Ryan Breaux duly seconded by Ernest “E.J.” Ledet and unanimously carried, the Board of Aldermen approved the following additions to the September Meeting Agenda:
Item 12: Authorization to Mayor to opt-out or opt-in of the Temporary Housing
And Shelter Assistance Program
Upon motion of Neil Melancon duly seconded by Ryan Breaux and unanimously carried, the minutes of the August 9, 2022 meeting were approved.
Upon motion of Ryan Breaux duly seconded by Eddy LeBlanc and unanimously carried, the Board of Aldermen approved the following additions to the September Meeting Agenda:
Item 13: Consider the purchase of new tractor with boom
Upon motion of Ryan Breaux duly seconded by Neil Melancon and unanimously carried, the
Board of Aldermen opened the Public Hearing for Ordinance #2280 (An ordinance to amend Chapter 23 of Code of Ordinances, the Zoning Ordinance, by the repeal, amendment, revision, enactment, and/or re-enactment, regarding general zoning regulations applicable to zoning districts R-1, R-2, R-3, and R-5, concerning regulation of the temporary model homes, townhouses, and matters relating thereto).
Jeremy Broussard explained the ordinance to the council. He also talked about the definition of Townhomes and Model homes being added. Jeremy Broussard mentioned that there are a couple of changes to the ordinance from the introduction til now. The secondary recovery center and half-way homes is scratched out which Councilman Melancon brought up and should be taken out, so that would be an option. City Attorney, Bart Hebert, questioned Mr. Broussard if the lots are 3,000 or 3,500 square feet and Jeremy Broussard said the lots are 3,000 square feet. Jeremy Broussard explained another change that is in the original “No Off Sreet Parking” should be “No Street Parking”. The word was misplaced and the city doesn’t allow to park on the streets. Councilman Melancon asked the city council permission to strike out Fraternity and Sorority Houses from Section 23-5.6-R5 (a). Jeremy Broussard was asked the definition of “Club” and explained it to be like a Lions Club, KC Hall and a Fraternity would be considered club and not a drinking club. He defined “Club” as a private recreational building or area operating by membership for the benefit of their membership and not for gang. The terms shall include country club and lodges.
Upon motion of Neil Melancon, duly seconded by Ryan Breaux and unanimously carried, the Board of Aldermen closed the public hearing for Ordinance #2280.
Upon motion of Neil Melancon, duly seconded by Eddy LeBlanc and unanimously carried, the Board of Aldermen adopted Ordinance #2280 (An ordinance to amend Chapter 23 of Code of Ordinances, the Zoning Ordinance, by the repeal, amendment, revision, enactment, and/or re-enactment, regarding general zoning regulations applicable to zoning districts R-1, R-2, R-3, and R-5, concerning regulation of the temporary model homes, townhouses, and matters relating thereto) with the stipulation to strikeout Fraternity and Sorority Houses in Section 23-5.6-R5, Multiple Family Residential District and also secondary recovery center or halfway house and clarify under item (d) that the minimum lot area for townhouse dwelling is 3,000 square feet per unit.
ORDINANCE NUMBER 2280
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 general zoning regulations, Sections 23-2.1, 23-4.29, 23-5.6 and 23-7.4, applicable to zoning districts R-1, R-2, R-3, and R-5 regarding regulation of temporary model homes, townhouse dwellings 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 13th day of September, 2022, 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 23-2.1, 23-4.29, 23-5.6 and 23-7.4 as follows:
Sec. 23-2.1. – Definitions.
Dwelling, townhouse. A structure consisting of no less than three dwelling units, with no other dwelling or portion of other dwelling located directly above or below, where each unit has a separate entrance and direct ground level access to the outdoors. These units are connected to other dwelling units by a single party wall with no opening. A townhouse dwelling does not include a multi-family dwelling. A townhouse dwelling refers to the design of a structure and does not reflect the type of ownership of the individual units. No permit for any dwelling, townhouse shall be approved unless part of townhouse dwelling development that is part of a Concept Review Plan approved by the Planning Commission and Board of Aldermen.
Temporary Model Home. A furnished, single-family dwelling that is occupied, on a temporary basis for the period permitted under this Sec. 23-4.29, as a marketing tool to show prospective homebuyers a particular plan, type of construction, accoutrements or floor plan, and, additionally, as a residential sales office, for homes within the qualified subdivision, or phase thereof, for which it serves, and that is not occupied as a residence during the same time.
Sec. 23-4.29. – Temporary Model Home and Sales Office.
In zoning districts R-1, R-2, and R-3, one Temporary Model Home for a qualified residential subdivision may be allowed upon the issuance of a Temporary Model Home permit by the Planning Director, and issuance of an occupational license by the City, to the Developer of such subdivision, and payment of all fees associated therewith. Upon qualification and approval, the Temporary Model Home permit shall be valid for a period of two (2) years after permit issuance. A Temporary Model Home permit may be renewed for a period of up to two (2) years, as determined by the Board of Aldermen. No Temporary Model Home shall be permitted without compliance with all of the following:
1. A Temporary Model Home shall only be permitted within a residential subdivision, or phase thereof, consisting of at least 50 residential lots, for which final plat approval has been obtained by the Developer, and for which such Temporary Model Home serves.
2. No dwelling shall be occupied or utilized as a Temporary Model Home during any period in which the Temporary Model Home permit is not current and valid, or any period in which an occupational license is not current and valid, for such dwelling.
3. The Temporary Model Home shall be of the type of construction and accoutrements, and shall have a floor plan of a single-family dwelling Developer is building for sale within the subdivision, or phase thereof, which the Temporary Model Home serves. No alteration of such dwelling shall be made which changes the residential character or appearance of such dwelling.
4. No sign, other than one (1) unlit sign not over two (2) square feet in area attached flat against the dwelling, shall be permitted upon the lot in which the Temporary Model Home is situated.
5. All parking space for a Temporary Model Home shall be exclusively upon the driveway within the lot line of said lot. No street parking shall be allowed.
6. All business associated with the Temporary Model Home which involves visitation by the public must be conducted within the hours of 7:30 a.m. and 6:00 p.m.
7. Upon termination of the Temporary Model Home permit, or renewal thereof, if applicable, no further business may be conducted at such dwelling, unless in accordance with such other provisions of the Code of Ordinances that permits same.
Sec. 23-5.6. – R-5, Multiple Family Residential District.
(a) Permitted uses: Multiple family dwellings, townhouse dwellings, churches and temples, public and private schools (this includes public and private nursery schools and kindergartens but does not include trade and business schools), parks and playgrounds, private recreational uses, libraries and museums, private gardens, plant nurseries, home occupations and accessory uses, cemeteries and mausoleums, multiple family dwellings, apartment hotels, clubs, storage garages, tourist homes and funeral homes.
(b) Minimum lot area for multiple family dwellings:
Number of Families Area per Family
One 5,000 sq. ft.
Two 2,500 sq. ft.
Three 1,200 sq. ft.
Four 1,000 sq. ft.
Five to Eleven 800 sq. ft.
Twelve to Sixteen 700 sq. ft.
Seventeen to Forty 600 sq. ft.
Over Forty 400 sq. ft.
(c) Minimum yards for multiple family dwelling: Front depth fifteen (15) feet. Front width fifty (50) feet. Side yard minimum per side five (5) feet. Rear yard twenty percent (20%) of lot depth not required to exceed twenty-five (25) feet.
(d) Minimum lot area for townhouse dwelling: Three thousand (3,000) square feet per unit.
(e) Minimum yards for townhouse dwelling: Front depth fifteen (15) feet. Front width thirty (30) feet. Side yard minimum per connected side zero (0) feet and per open side five (5) feet. Rear yard twenty percent (20%) of lot depth not required to exceed twenty-five (25) feet.
Sec. 23-7.4. – Minimum Parking Space Requirements.
Off-street automobile parking space shall be provided on any lot on which any of the following listed uses are hereafter established and in accordance with the schedule shown. When a use is increased in capacity by the addition of dwelling rooms, guest rooms, floor area or seats the minimum off-street parking shall be provided for such increase.
USE REQUIREMENTS
Single family dwelling two spaces per unit
Two family dwelling two spaces per unit
Townhouse dwelling two spaces per unit
Multi-family dwellings 1.5 spaces per unit and apartments 3 spaces for each 4 units
Mobile homes and trailer parks 2 spaces per unit
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 Aldermen for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 13th day of September, 2022, 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 August 9, 2022, at the regular meeting of the Mayor and Board of Aldermen for the City of Breaux Bridge, Louisiana;
- Presented at public hearing before the Planning Commission held on the 2nd day of August, 2022,
- Disseminated to the Mayor and all Aldermen, along with Planning Commission’s report and recommendation upon the proposed changes;
- 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 13th day of September, 2022,
The Board of Aldermen, on the 13th day of September, 2022, adopted Ordinance Number 2280 by virtue of the following votes:
YEAS: Ryan Breaux, Scotty Borel, E.J. Ledet, Neil Melancon, Eddy LeBlanc
NAYS: None
ABSENT: None
ABSENTIONS: None
ATTEST: APPROVED:
______________________ ________________________
KRISTI LEBLANC, RICKY CALAIS,
CITY CLERK MAYOR
______________________ ________________________
DATE DATE
Upon motion of Ernest “E.J.” Ledet, duly seconded by Ryan Breaux and unanimously carried, the Board of Aldermen opened a Public Hearing for Ordinance #2281 (An Ordinance approving and adopting an Annual Plan for repair and maintenance of municipality infrastructure for the
Fiscal Year 2022-2023 to be funded through the use of tax proceeds generated by the Special Tax imposed by Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana, and providing for other matters in connection therewith).
Upon motion of Ernest “E.J.” Ledet, duly seconded by Neil Melancon and unanimously carried, the Board of Aldermen closed the Public Hearing for Ordinance #2281.
Upon motion of Ryan Breaux, duly seconded by Neil Melancon and unanimously carried, the Board of Aldermen adopted Ordinance #2281 (An Ordinance approving and adopting an Annual Plan for repair and maintenance of municipality infrastructure for the Fiscal Year 2022-2023 to be funded through the use of tax proceeds generated by the Special Tax imposed by Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana, and providing for other matters in connection therewith).
ORDINANCE NUMBER 2281
AN ORDINANCE APPROVING AND ADOPTING AN ANNUAL PLAN FOR REPAIR AND MAINTENANCE OF MUNICIPALITY INFRASTRUCTURE FOR THE FISCAL YEAR 2022-2023 TO BE FUNDED THROUGH THE USE OF TAX PROCEEDS GENERATED BY THE SPECIAL TAX IMPOSED BY SALES TAX DISTRICT NO. 1 OF THE CITY OF BREAUX BRIDGE, STATE OF LOUISIANA, AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH.
BE IT ORDAINED by the Mayor Board of Aldermen for the City of Breaux Bridge,Louisiana, duly convened in regular session on the 13th day of September, 2022, that:
WHEREAS, by act Number 923 of the 2008 Regular Legislative Session, La.R.S. 33:2711 was amended by the enactment of subparagraph D thereof to permit a municipality such as the City of Breaux Bridge to create a special sales tax district within a portion of the municipality for the purpose of levying and collecting a one (1%) per cent sales and use tax;
WHEREAS, the said Act Number 923 mandated that the proceeds from such a tax be used by the municipality pursuant to the specific terms and conditions of an intergovernmental agreement between the municipality and the sales tax district;
WHEREAS, the said Act Number 923 further mandated that the proceeds of the aforementioned tax be utilized for the payment of the costs and expenses of constructing, improving, and maintaining the municipality’s infrastructure which services property located within its jurisdictional boundaries or be used to promote the economic development of both the district and municipality;
WHEREAS, on November 11, 2008, by Ordinance Number 2163, the Board of Aldermen for the City of Breaux Bridge created a special sales tax district and designated it as “Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana” (“District”);
WHEREAS, by Ordinance Number 2163, the Board of Aldermen for the City of Breaux Bridge further approved and adopted an intergovernmental agreement between it and the District with respect to the use and expenditure of the proceeds of the taxes generated by the District;
WHEREAS, on November 11, 2008, by Ordinance Number 2164, the District and/or the City of Breaux Bridge levied and imposed a sales and use tax of one (1%) per cent upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption of tangible personal property, and on sales of services within the District, commencing on January 1, 2009;
WHEREAS, the aforementioned intergovernmental agreement, as well as Ordinance Number 2164, created with the fiscal agent bank of the City of Breaux Bridge a special fund designated as the “Sales Tax District No. 1 Infrastructure Fund”, into which fund there would be deposited and held as sacred funds all proceeds collected by the Parish Sales Tax Collector from the levy of the tax after deducting therefrom the reasonable expenses of the Collector incurred in connection with the collection and enforcement of the collection of the tax, all as more fully set forth in Ordinance Number 2164;
WHEREAS, the aforementioned intergovernmental agreement further provided that all proceeds received by the City of Breaux Bridge from the collection of the said tax shall be used for the payment of the costs and expenses of constructing, improving, and maintaining the City’s infrastructure which serves property located therein or shall be used to promote the economic development of the District or the City, it being provided, however, that a minimum of thirty-five (35%) per cent of the annual proceeds of the tax shall be dedicated and set aside for the purpose of providing matching funds to be received by the City from state and/or federal grants for the construction and improvement of the infrastructure of the City;
WHEREAS, La. R.S. 33:2711(D) was amended and re-enacted by Act Number 568 of the 2012 Louisiana Legislature as La.R.S. 47:338.1(D) to require that all tax proceeds generated by the District be expended as follows: twenty (20%) per cent of the proceeds be used annually for the repair and maintenance of the City’s infrastructure provided that an Annual Plan for Repair and Maintenance of Municipality Infrastructure be approved by ordinance and by a two-thirds (2/3) vote of the Board of Aldermen, and eighty (80%) per cent of the proceeds collected be expended on new construction of infrastructure or substantial improvements of existing infrastructure. However, any such expenditure must be pursuant to a Master Plan for the Construction of Municipal Infrastructure listing the specific projects to be funded through the said tax proceeds, and furthermore, that any such plan be adopted by ordinance passed by a two-thirds (2/3) vote of the City’s governing authority;
WHEREAS, the intergovernmental agreement confected between the City of Breaux Bridge and the District was revised and amended by virtue of Ordinance Number 2200 adopted on March 11, 2014, to reflect the mandates set forth in La. R.S. 47:338.1(D) as amended by Act Number 568 of the 2012 Louisiana Legislature;
WHEREAS, the Mayor and city engineer for the City of Breaux Bridge have prepared an Annual Plan for Repair and Maintenance of Municipality Infrastructure for the fiscal year 2022-2023, a replica of which is appended to this ordinance;
WHEREAS, in accordance with the dictates of La.R.S. 47:338.1(D)(2)(b)(i), an ordinance must be adopted by the City of Breaux Bridge approving the attached Annual Plan for Repair and Maintenance of Municipality Infrastructure for the fiscal year 2022-2023:
BE IT, THEREFORE, ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that the Annual Plan for Repair and Maintenance of Municipality Infrastructure for the fiscal year 2022-2023 be and is hereby approved, adopted and satisfied, as applicable.
BE IT FURTHER ORDAINED that the total amount of the proceeds from the Sales Tax District No. 1 Infrastructure Fund to be used for the projects embraced by the Annual Plan for Repair and Maintenance of Municipality Infrastructure for the Fiscal Year 2022-2023 shall not exceed the total of the sum of twenty (20%) per cent of the sales tax proceeds on deposit in the said fund after expenditures associated with the Annual Plan adopted for the Fiscal Year 2022-2023.
BE IT FURTHER ORDAINED that the Mayor for the City of Breaux
