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COUNCIL PROCEEDINGS OF THE CITY OF SHREVEPORT, LOUISIANA
JUNE 13, 2000
The regular meeting of the City Council of the City of
Shreveport, State of Louisiana, was called to order by Chairman Patricia
Spigener at 3:07 p.m.,Tuesday, June 13 , 2000, in the Council Chamber of City
Hall, 1234 Texas Avenue.
Invocation was given by Councilman Carmody.
On roll call, the following members were present: Councilmen Huckaby,
Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Absent: None.
Motion by Councilman Shyne, seconded by Councilman Carmody, for approval of
the Summary Minutes of the Administrative Conference of May 22, 2000 and Minutes
of the Regular Meeting of May 23, 2000. Motion approved by the following vote:
Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7.
Nays: None.
Awards, Recognition of Distinguished Guests and Communications of the
Mayor Which Are Required by Law. Mayor Hightower: First off, I’d like
to recognize some volunteers that serve for us and I stress that word, volunteers,
that serve on the Shreveport Housing Authority are here with us today. The
President Bob Owens, Donzetta the Executive Director, and Dave Watkins, the
newest member on the panel along with, well I was saying volunteers, I was going
to mention Bob Goodman, but he is not. Will you become one and I’ll mention
your name?
The second thing I’d like to do, as you all know we had the tornado back on
Easter Sunday that devastated several neighbors that have yet to be totally
cleaned up and I’m talking about debris and trees and roofs and things that
some people can’t afford to take care of themselves. And we’ve been
fortunate over the past several weeks even though Easter Sunday has long past,
we’ve had a group that has been headed up by a local attorney James Woods that
is called Shreveport Gardens 2000, it’s a non-profit corporation that
has been out every single weekend recruiting volunteers to go into the
neighborhoods and help those that can’t help themselves to get their yards and
their houses and their neighborhoods back in shape. He has been working in
conjunction with Mr. Ferdinand’s department, in particular with Don Hobdy who
has also spent a lot of time in the neighborhoods trying to get the disaster
recognition from FEMA that we need to try to put some of these properties back
in the type shape that we all think that they should be in. What I would like to
do today and I mentioned Mr. Woods, but he is really not the catalyst behind the
movement. The real catalyst behind the movement is his daughter and her name is
Alden and she is here with us today. She has been out every Saturday encouraging
the volunteers to work hard and she keeps pushing, so I want to recognize her
today. James if you’d bring her forward, I’d like to present a certificate
to her. Chair Kitty is what she calls herself of the Allendale Clean Up effort.
I want to present these Certificates of Appreciation for all the work in
Allendale not only to you Alden, but it would be your Dad and everybody that has
come out. Alden, here’s the certificate and here is a good pair of sunglasses
for you when you are out there working in the sun on Saturday.
It is my understanding as well they are going to continue their work in
Allendale over the next several weeks and hopefully the biggest volunteer effort
will take place this coming Saturday. So every Saturday morning they meet at the
corner of Common, Texas, and Milam, every Saturday morning right there at that
plaza and Sundays, also. Anyone that would want to volunteer and help those who
can’t help themselves, we encourage them to show up. We appreciate very much
your volunteer efforts. Young lady, we thank you very much. Alden Woods: Thank
you, Mayor
Councilman Stewart: A brief communication for the benefit of those that are
with us today, particularly those from Mr. Owens and Mr. Goodman and other
members of the Housing Authority and their representatives as well as
representatives of the Catholic Center, we will move for passage today for the
appropriate designation for the occupancy of the building on Line Avenue and
Prospect. I appreciate your individual help and the clarifications because we
are in an SPI-1 District as I had indicated. 2. Thanks to Mr. Kirkland and his
staff as well as Mr. Charles Grubb and the City Attorney, I know that there has
been a lots of conversation that might cause one to believe contrary. The only
thing we have on the agenda today for passage and it is a clarification of the
hours and circumstances which we have discussed. That’s not to encourage you
to leave, please do not mis-read that.
Councilman Shyne: Mr. Mayor I guess this is to your office and Public Works.
When we get the time, I’ve had some calls from persons who got flooded out who
believe that some of our drainage ditches were not cleaned out. When we get the
time, I would hope that we would have a crew that would look at cleaning our
drainage ditches out and maybe that would facilitate some of the runoff of the
rain water. Mr. Ferdinand, did you receive a letter from me pertaining to the
situation on Cleveland Street? I’ve gotten some calls and they are probably
looking at it on t.v. and I just want them to know that you all did get a letter
and I’m waiting on some kind of response from you office and from the Police
Department to see what we can do to alleviate the problems there. They feel like
with the warm weather coming on, Mr. Mayor, it is going to create a little gang
problem. We have got two pieces of property there where youngsters have a
tendency to gather during the day, late evenings and there is some undesirable
activity going on there; so we’d appreciate it if you’d look into it and if
you all could get back to me and let me know what’s going on, then I can let
some of the citizens in that area know that we are looking at taking care of
their problems.
Councilman Burrell: I think I do need to express to many of my constituents
who are probably watching the Council meeting today too that their situation
associated with the floods also have been addressed. I did address this issue on
yesterday because it appears that there was a number of neighborhoods that’s
in my Council district that did get flooded this time and probably more so than
any of the other districts. I have requested Mike Strong to get with the
Engineering Department which I’ve already turned that list in to them and it
is my understanding that they are suppose to be working on it to give me an
assessment of what the situation is out there associated with this flooding. One
area I did leave out Mike that I didn’t talk about before and that is near
Country Club Marina Apartments. That ditch that comes through pass country Club
Marina Apartments, that drainage that drains out in Cross Lake and into, I call
it, no man’s land, but it is pretty much a marsh land, it has silted in so
that the drainage was not proper and we had a lot of cars flooding out in that
area. I’m not sure what we’ll be able to do about it, but the people have to
go around the—you have to leave Lakeshore and go around Curtis Lane and come
back in on the, I would say the west side of it. So hopefully we can get some
assessment of the whole situation there and see if there is anything that we can
do from the city.
Adding Legislation to the Agenda: Motion by Councilman Carmody to
suspend the Rules to add Ordinance No. 94 of 2000 to the agenda, seconded by
Councilman Shyne and unanimously approved. Councilman Carmody: Ordinance No. 94
of 2000 should be in front of each of the Council members. Basically this does
pertain to the fee waivers. Just for clarification for educational waivers for
those institutions here within the city that we normally go ahead and provide
the reciprocals application of services to allow them to utilize our facilities,
it just clarifies that; so this is for Introduction today.
Motion by Councilman to add Ordinance No. 94 of 2000 to the agenda, seconded
by Councilman Shyne and unanimously approved.
Public Hearings. (1) The Chairman declared open the public hearing
relative to Annexation Tag No. 00-01: Tract of land located along Williamson Way
Road. Mr. Mike Strong, Director of Operational made the following presentation:
This concerns the adding of approximately 48 acres of land into our city limits
for future Burgandy Oaks and Burgandy Rich Subdivision, actually a new 22 lot
subdivision of 4.5 acres for single residential homes in this area. It was
recorded on May 5. This subdivision will be located on the south side of
Williamson Way Road about 1.5 miles east of Mansfield Road.
The Chairman called for anyone to speak in support of the annexation. No one
came forward to be heard. The Chairman called for persons to speak in opposition
to the annexation. No one came forward to be heard and the public hearing was
declared closed.
The Chairman declared open the public hearing relative to Annexation Tag No.
00-02: Tract of land out of Lot 1 of Harts Island Partition, in the SW’ly
intersection of Youree Dr. with E. 70th Street and including additional ROW of
East 70th St. and Old River Bayou. Mr. Mike Strong, Director of Operational made
the following presentation: This tag number, 00-02 concerns annexing all of the
property lying south of East 70th Street, Louisiana Highway 526 and
west of Youree Drive, LA Highway 1 that is outside the city limits. This area
will become the site for the Bassett Furniture Store already under construction,
the University Commercial Plaza Subdivision, which is a proposed 10 lot
subdivision being anchored by the Super Target Store and by a new one lot
subdivision that will be the future home of the Chevy Land or Courtesy
Chevrolet, Incorporated. Also in addition, there is approximately a 1.3 miles on
East 70th Street lying outside of the city limits which is being
included in this annexation running from the Fire Station No. 3 to near the East
Bert Kouns Industrial Loop. There is also portions of the East half of the Old
River Bayou Land that is located along the East Kings Highway north of East 70th
Street that is being annexed. These two are needed for seriously, addressing and
to correct a city limits lines in the area of this part of town.
The Chairman called for anyone to speak in support of the annexation. No one
came forward to be heard. The Chairman called for persons to speak in opposition
to the annexation. No one came forward to be heard and the public hearing was
declared closed.
CONFIRMATIONS AND/OR APPOINTMENTS: None.
The Council considered the CONSENT AGENDA legislation.
INTRODUCTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:
Motion by Councilman Shyne, seconded by Councilman Burrell for
Introduction of Resolution No. 115 and 116 of 2000 and Ordinance Nos. 83 and 84
of 2000 on the Consent Agenda not to be adopted prior to June 27, 2000. Motion
approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody,
Serio, Spigener, Shyne and Burrell. 7. Nays: None.
INTRODUCTION OF RESOLUTIONS:
Resolution No. 114 of 2000 by Councilman Shyne: A resolution authorizing
the donation of the use of chairs, tables and chairs to allow the Willie
Bailey Concern Citizens Group to hold an end of school affair for
neighborhood children and otherwise providing with respect thereto.
Motion by Councilman Shyne, seconded by Councilman Carmody to
withdraw Resolution No. 114 of 2000 from the agenda. Motion approved by the
following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener,
Shyne and Burrell. 7. Nays: None.
Resolution No. 115 of 2000: A resolution authorizing the Mayor to donate
Shreveport Police Department Mounted Unit Cycle (Mable) to Karen Smith
Buckley, Executive Director of Greenwood Equine Assisted Therapies, Inc. and
to otherwise provide with respect thereto.
Resolution No. 116 of 2000 by Councilman Huckaby: A resolution
authorizing the waiver of the entire building rental fee for the Convention
Hall to allow the NAACP to hold its Freedom Fund Banquet and otherwise
providing with respect thereto.
INTRODUCTION OF ORDINANCES:
1. Ordinance No. 83 of 2000: An ordinance closing and abandoning an
apparent 8 foot wide utility servitude located in the southwesterly
intersection of Atlantic and Anniston Avenues, and to otherwise provide with
respect thereto.
Ordinance No. 84 of 2000: An ordinance closing and abandoning a portion
of Oriole Court and a portion of Lexington Avenue in the Southfield Park
Subdivision and to otherwise provide with respect thereto.
ADOPTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:
Motion by Councilman Huckaby, seconded by Councilman Serio for
Adoption of the Resolutions and Ordinance on the Consent Agenda. Motion approved
by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio,
Spigener, Shyne and Burrell. 7. Nays: None.
RESOLUTIONS:
RESOLUTION NO. 102 OF 2000
RESOLUTION AUTHORIZING THE WAIVER OF THE ENTIRE BUILDING RENTAL FEE FOR THE
CONVENTION CENTER BY THE LOUISIANA COOPERATIVE EXTENSION SERVICE TO HOLD A CADDO
4-H APPRECIATION EVENT AND OTHERWISE PROVIDING WITH RESPECT THERETO.
By: Councilman Stewart
WHEREAS, the Louisiana Cooperative Extension Service held a Caddo 4-H
Appreciation Event May 8, 2000 in the Convention Center to recognize its 150 to
170 adult volunteer leaders; and
WHEREAS, the Louisianan Cooperative Extension Service is a government
organization and the Caddo 4-H program is a nonprofit organization providing
hands-on learning to diverse youth and emphasizing developing life skills,
providing leadership training, and promoting community service learning; and
WHEREAS, the Caddo 4-H provides community services to the area that includes:
collected and donated over a ton of beans and rice for Northwest Louisiana Food
Bank; collected and donated school supplies for low-income school children;
picked up over 4,395 pounds of trash in the Great American Cleanup Day;
collected telephone books for recycling; and collected both food items and
clothing for the needy families in the area; and
WHEREAS, therefore it is in the public interest and serves a public purpose
for the City to waive the entire rental fee for the use of the Convention Center
by the Louisiana Cooperative Extension Service for the Caddo 4H Appreciation
Event; and
WHEREAS, the event will be held before this resolution is adopted and the
Administration was asked to delay the collection of the rental fee until after
the resolution can be considered by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport,
in due, legal and regular session convened, that the entire rental fee for the
use of the Convention Center by the Louisiana Cooperative Extension Service to
hold a Caddo 4-H Appreciation Event on May 8, 2000 is waived and the provisions
of Section 26-123 and Section 26-124 of the Code of Ordinances are suspended
relative to this event only.
BE IT FURTHER RESOLVED, that any decision of the Administration to delay the
collection of the rental fee for this event until after this resolution can be
considered by the Council is ratified.
BE IT FURTHER RESOLVED that if any provision 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 the 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.
RESOLUTION NO. 103 OF 2000
A RESOLUTION AUTHORIZING THE DONATION OF THE USE OF CHAIRS, TABLES AND A
STAGE TO ALLOW CORE TO HOLD AN ANNIVERSARY/REUNION AND OTHERWISE PROVIDING WITH
RESPECT THERETO.
By: Councilman Stewart
WHEREAS, the CORE, Center of Recovery, plans to hold an Anniversary/Reunion
to commemorate its first year of service on June 10, 2000; and
WHEREAS, CORE needs to borrow chairs and tables for 200 participants and a
stage from the city in order to hold the event at their Stoner Avenue facility;
and
WHEREAS, CORE is a nonprofit organization and a state-funded facility for the
recovery of compulsive gamblers. The facility can provide residential treatment
for 21 adult pathological gamblers.
WHEREAS, according to the Louisiana State Medical Society pathological
gambling is reaching epidemic proportions. The purpose of CORE is to provide
treatment of those whose lives have been adversely affected by gambling; and
WHEREAS, therefore, it is in the public interest and it serves a public
purpose for the City to donate the use of the chairs, tables and stage so that
CORE can hold an Anniversary/Reunion on June 10, 2000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport,
in due, legal and regular session convened, that it authorizes the donation of
the use of city owned chairs, tables and a stage to CORE to hold an
Anniversary/Reunion.
BE IT FURTHER RESOLVED that if any provision 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 the 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.
RESOLUTION NO. 107 OF 2000
A RESOLUTION AUTHORIZING GRISHAM CONSTRUCTION CO. INC., LOCATED AT 5030
JEFFERSON PAIGE RD., TO CONNECT TO THE WATER SYSTEM OF THE CITY OF SHREVEPORT
AND OTHERWISE PROVIDING WITH RESPECT THERETO.
WHEREAS, William O. Grisham, has agreed to secure all permits and inspections
required by the Shreveport Comprehensive Building Code. Said party having
submitted a petition for annexation to the City of Shreveport, and having agreed
to fully comply with the regulations of the City of Shreveport in connection
with said property, all as set forth in Section 94-1, et. Seq., of the
Shreveport City Code. Said request and petition are attached hereto.
BE IT RESOLVED by the City Council of the City of Shreveport in due, regular
and legal session convened, that Grisham Construction Co. Inc., be authorized to
connect the building located at 5030 Jefferson Paige Rd., to the water system of
the City of Shreveport.
BE IT FURTHER RESOLVED that if any provisions or items of this resolution or
the application thereof are held invalid, such invalidity shall not affect other
provisions, items or applications of this resolution which can be given effect
without the invalid provisions, items or applications, and to this end, the
provisions of this resolution are hereby declared severable.
BE IT FURTHER RESOLVED that resolutions or parts thereof in conflict herewith
are hereby repealed.
RESOLUTION NO. 117 OF 2000
A RESOLUTION REJECTING THE BIDS RECEIVED ONI IFB #00-032 FOR
INTERGOVERNMENTAL FUEL AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.
WHEREAS, five (5) bids were received as a result of solicitations for
Intergovernmental fuel, IFB #00-032; and
WHEREAS, the City has rejected the bids due to the fact that the
specifications were not clearly defined; and
WHEREAS, the Department of Finance Purchasing Division is revising
specifications for rebid at a later date.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport
in due, legal and regular session convened that the bids received on IFB #00-032
be rejected.
BE IT FURTHER RESOLVED that if any provision 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 the 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 declared repealed.
ORDINANCE:
ORDINANCE NO. 70 OF 2000
AN ORDINANCE CLOSING AND ABANDONING A PORTION OF EXISTING UTILITY SERVITUDES
AND ACCEPTING DEDICATION OF NEW 10 AND 20 FOOT-WIDE UTILITY SERVITUDES IN LOT 1
OF THE KINGS-LINE COMMERCIAL SUBDIVISION, AND TO OTHERWISE PROVIDE WITH RESPECT
THERETO.
BE IT ORDAINED by the City Council of the City of Shreveport, in due, legal,
and regular session convened, that a 10' by 40' portion of a utility servitude
dedicated in Book 2000, Page 349, of the Records of Caddo Parish, Louisiana, and
that a 20' by 172' portion of a retained utility servitude per Book 366, Page
456, of the said Records, with both portions being located today in Lot 1 of the
Kings-Line Commercial Subdivision per Book 3000, Page 125, and as shown and as
indicated on the plat attached hereto and made a part hereof, are both hereby
closed and abandoned, and be it ordained that the dedication for additional 10
foot-wide and 20 foot-wide utility servitudes to serve said Lot 1 of the
Kings-Line Commercial Subdivision in the NE/4 of Section 12 (T17N-R14W), Caddo
Parish, Louisiana, be and the same are hereby accepted as dedicated to the
public for the public use in the City of Shreveport, and also as shown and as
indicated on the plat attached hereto and made a part hereof.
BE IT FURTHER ORDAINED that a certified copy of this ordinance and its
accompanying plat be filed and recorded in the official records of the District
Court for Caddo Parish, Louisiana.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the
application thereof is held invalid, such invalidity shall not affect other
provisions, items or applications of this ordinance which can be given effect
without the invalid provisions, items or applications and to this end the
provisions of this ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all ordinances or resolutions or parts thereof in
conflict herewith are hereby repealed.
/s/Patricia G. Spigener, Chairman
/s/Arthur G. Thompson, Clerk of Council
Councilman Stewart: I have several constituents here that were interested
in No. 84, the closing and abandoning a portion of Oriole Court and a
portion of Lexington Avenue, Southfield Park Subdivision. Since they are
here to listen, these should be adopted at the next meeting on the 27th.
They’ve expressed their support for the decision as long as there is no
amendments and we at this point, do not anticipate any. If there are any
changes, you’ll be notified.
The Council considered the REGULAR AGENDA legislation:
RESOLUTIONS:
RESOLUTION NO. 99 OF 2000
A RESOLUTION ACCEPTING THE BID OF THE TIMES AND SELECTING THE TIMES THE
OFFICIAL JOURNAL FOR THE CITY OF SHREVEPORT FOR THE PERIOD COMMENCING JULY 1,
2000 THROUGH JUNE 30, 2001 AND OTHERWISE PROVIDING WITH RESPECT THERETO
WHEREAS, the City Council of the City of Shreveport,
advertised for the publishing of all minutes, ordinances, resolutions, budgets,
official notices, advertisements, and other official proceedings of the City of
Shreveport for the period July 1, 2000 through June 30, 2001 in accordance with
law; and
WHEREAS, The Times has submitted the following bid:
All printing in the Classified Section -- $0.27 per line;
All Display Legal Advertising in the Classified Section -
$3.78 per column inch;
All Display Legal Advertising in the Retail Section - $6.05
per column inch daily;
WHEREAS, the City is required by its Charter and state law to
select an official journal; and
WHEREAS, the bid of The Times is responsive and therefore it
is recommended that The Times be awarded the bid as described above.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Shreveport, in due, regular and legal session convened that the bid of
The Times is accepted and The Times be and is hereby designated the official
journal of the City of Shreveport for the period July 1, 2000 and ending June
30, 2001 and the Mayor of the City is hereby authorized to execute an agreement
with The Times under the terms and conditions contained in said bid.
BE IT FURTHER RESOLVED that if any provision 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 the 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.
Read by title and as read motion by Councilman Burrell,
seconded by Councilman Carmody passed by the following vote: Ayes:
Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7.
Nays: None.
RESOLUTION NO. 106 OF 2000
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE
OF LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT FOR THE PURPOSE OF
HIGHWAY IMPROVEMENT PROJECTS, TO RATIFY THE SIGNING THEREOF AND TO OTHERWISE
PROVIDING WITH RESPECT THERETO
WHEREAS, under the provisions of Title 23, United States code
"Highways" as amended, funds have been appropriated out of the Highway
Trust Fund to finance improvement projects under the direct administration of
the DOTD of the State of Louisiana ; and
WHEREAS, the City of Shreveport has requested an appropriation of funds to
finance a portion of the project as described below ; and
WHEREAS, the project is part of a transportation improvement program serving
to implement the area wide transportation plan held currently valid by the
Metropolitan Planning Commission and develop as required by law, and
WHEREAS, the DOTD is agreeable to the implementation of this project and
desires to cooperate with the City of Shreveport , and
WHEREAS, the improvement that is to be undertaken under this project will
consist generally of the widening of La. 3231 (Jefferson Paige Rd.) to five
lanes from I-220 to US 80 in the City of Shreveport, and the widening of the
Monkhouse Dr. intersection approach at the La. 3231/ US 80 intersection;
specifically a portion of La. 3231 from just west of Ratcliff Rd. to US 80 will
be constructed on a new alignment and a portion of the existing roadway to be
replaced by the new alignment will remain in place. Additionally, a portion of
the Monkhouse Dr. intersection approach located at the LA. 3231/US 80
intersection will be widened to add turn lanes for proper intersection operation
(Monkhouse Dr. Intersection).
WHEREAS, in order to accomplish the appropriation of funding, the La. State
Department of Transportation and Development has requested that a Cooperative
Agreement be executed and delivered to the department and accordingly, Mayor
Keith Hightower has executed the agreement, a copy of which is attached
herewith,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport
in due, regular and legal session convened, that the execution by Mayor Keith
Hightower of the Cooperative Agreement between the City of Shreveport and the
La. Department of Transportation and Development for the project described
herein is hereby authorized and ratified for the purpose described herein and as
stated in that agreement, all has set forth in the copy of said agreement which
was filed for public inspection with the original draft of this Resolution in
the office of the Clerk of Council on May 23, 2000.
BE IT FURTHER RESOLVED that if any provision 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 affect
without the 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.
Read by title and as read motion by Councilman Burrell, seconded by
Councilman Serio passed by the following vote: Ayes: Councilmen Huckaby,
Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
RESOLUTION NO. 108 OF 2000
A RESOLUTION AMENDING THE PAY SCHEDULE FOR MUNICIPAL POLICE CIVIL SERVICE
PERSONNEL, AND OTHERWISE PROVIDING WITH RESPECT THERETO
WHEREAS, it is the recommendation of the Mayor that the current pay schedule
for Municipal Police Civil Service personnel be adjusted to reflect a pay
increase on July 1, 2000 provided funding is made available and appropriated for
such purpose.
WHEREAS, the proposed pay schedule attached hereto as Appendix "A"
be and is hereby approved, effective July 1, 2000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport
in due, regular and legal session convened, that the pay schedule attached
thereto as Appendix "A" be and is hereby approved, effective upon
passage.
BE IT FURTHER RESOLVED that if any provision 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 affect
without the 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.
Read by title and as read motion by Councilman Shyne, seconded by
Councilman Stewart passed by the following vote: Ayes: Councilmen
Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
RESOLUTION NO. 118 OF 2000
A RESOLUTION AMENDING THE PAY SCHEDULE FOR MUNICIPAL FIRE CIVIL SERVICE
PERSONNEL, AND OTHERWISE PROVIDING WITH RESPECT THERETO
WHEREAS, it is the recommendation of the Mayor that the current pay schedule
for Municipal Fire Civil Service personnel be adjusted to reflect a pay increase
on July 1, 2000 provided funding is made available and appropriated for such
purpose.
WHEREAS, the proposed pay schedule attached hereto as Appendix "A"
be and is hereby approved, effective July 1, 2000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport
in due, regular and legal session convened, that the pay schedule attached
thereto as Appendix "A" be and is hereby approved, effective upon
passage.
BE IT FURTHER RESOLVED that if any provision 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 affect
without the 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.
Read by title and as read motion by Councilman Huckaby, seconded by
Councilman Shyne passed by the following vote: Ayes: Councilmen Huckaby,
Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
RESOLUTION NO. 119 OF 2000
A RESOLUTION TO ADOPT A RULE TO REGULATE THE USE OF THE GOVERNMENT PLAZA
CHAMBER, WHICH IS TO BE JOINTLY ADOPTED BY THE SHREVEPORT CITY COUNCIL AND THE
CADDO PARISH COMMISSION, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.
By: Councilmen Serio, Spigener and Burrell
Whereas, the Caddo Parish Commission and the Shreveport City Council, in a
historic example of intergovernmental cooperation, have agreed to jointly own
and occupy the N.O. Thomas Building at 505 Travis Street, Shreveport, hereafter
to be known as The Government Plaza; and
Whereas, Government Plaza will house legislative and administrative functions
of the City and Parish governments, as well as the Office of the Metropolitan
Planning Commission; and
Whereas, the legislative bodies of the two governmental entities will share a
legislative chamber (the chamber) in Government Plaza, necessitating careful
planning and scheduling to avoid conflicts in the use of the meeting facilities;
and
Whereas, three members of the Shreveport City Council and three members of
the Caddo Parish Commission (the ad hoc committee) met and agreed to recommend
to their respective bodies that - to insure that the chamber and its electronic
features were properly maintained and available to the governmental entities
when needed, and to insure internal security - joint rules should be adopted by
the Council and the Commission regulating the use of the chamber in Government
Plaza; and
Whereas, the ad hoc committee also agreed to recommend to their respective
bodies that, for the reasons cited herein and to provide one stop services for
citizens to the greatest extent possible, the use of the chamber and the
adjoining conference rooms should be restricted to the Shreveport City Council,
the Caddo Parish Commission, the Metropolitan Planning Commission and the
Shreveport Metropolitan Zoning Board of Appeals; and
Whereas, a standing committee is needed to oversee the operation of the
chamber and the adjoining conference rooms.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Shreveport, in legal and regular session convened, that it does hereby adopt,
with the Caddo Parish Commission, the rule that the Government Plaza Chamber’s
use shall be limited to meetings by the Shreveport City Council, the Caddo
Parish Commission, the Metropolitan Planning Commission and the Shreveport
Metropolitan Zoning Board of Appeals.
BE IT FURTHER RESOLVED, that Government Plaza Chamber Standing Committee is
established to oversee the operation of the Chamber and adjoining conference
rooms and to make recommendations to the Shreveport City Council and the Caddo
Parish Commission relative to the use and operation of the chamber and
conference rooms, and said Committee shall consist of three (3) members of the
Shreveport City Council and three (3) members of the Caddo Parish Commission.
Read by title and as read motion by Councilman Serio, seconded by
Councilman Burrell passed by the following vote: Ayes: Councilmen
Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
INTRODUCTION OF RESOLUTIONS:
1. Resolution No. 109 of 2000: A resolution authorizing the Mayor to
execute an agreement with the Shreveport Redevelopment Agency and otherwise
providing with respect thereto.
Resolution No. 110 of 2000: A resolution authorizing the execution of an
agreement with the Northwest Louisiana Chapter of the Sickle Cell Disease
Association of America, Inc. and otherwise providing with respect thereto.
Resolution No. 111 of 2000: A resolution authorizing the execution
between the City of Shreveport and West and Northwest Shreveport Little
League Baseball, Inc. and otherwise providing with respect thereto.
Resolution No. 112 of 2000: A resolution authorizing the execution
between the City of Shreveport and the Mount Hermon Youth Sports League,
Inc. and otherwise providing with respect thereto.
Resolution No. 113 of 2000: A resolution authorizing the execution of an
agreement between the City of Shreveport and Shreveport Little League, Inc.
and to otherwise provide with respect thereto.
Read by title and as read motion by Councilman Stewart, seconded by
Councilman Carmody for Introduction of the Resolutions to lay over until
the June 27, 2000 meeting. Motion approved by the following vote: Ayes:
Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7.
Nays: None.
ORDINANCES:
1. Ordinance No. 85 of 2000: An ordinance amending the 2000 Capital
Improvements Budget, appropriating the funds therein and otherwise providing
with respect thereto.
Ordinance No. 86 of 2000: An ordinance amending the 2000 budget for the
Water and Sewerage Enterprise Fund and otherwise providing with respect
thereto.
Ordinance No. 87 of 2000: An ordinance authorizing the Mayor to execute
an agreement with Caddo Parish for the lease of certain city owned property
at Mooretown Park for a new branch of the Shreve Memorial Library and
otherwise providing with respect thereto.
Ordinance No. 88 of 2000: An ordinance to amend Section 002.1 of Chapter
00 of the Shreveport Comprehensive Building Code to add Section 002.1 (e)
and to otherwise provide with respect thereto.
Ordinance No. 89 of 2000: An ordinance to amend and re-enact Section 100
of Part 4 of the City of Shreveport Comprehensive Building Code, the Air
Conditioning, Heating Mechanical Refrigeration and Ventilation Code, and to
otherwise provide with respect thereto.
Ordinance No. 90 of 2000: An ordinance adopting the 2000 budget for the
Shreveport Redevelopment Agency Special Revenue Fund, appropriating the
funds authorized therein, and otherwise provide with respect thereto.
Ordinance No. 91 of 2000: An ordinance amending Section 102-83 of the
Code of Ordinances relative to taxicab fares and otherwise providing with
respect thereto.
Ordinance No. 92 of 2000: An ordinance to amend and reenact Chapter 62 of
the Code of Ordinances relative to the Department of Public Assembly and
Recreation Fee Schedule, Fee Waivers and related matters and to otherwise
provide with respect thereto.
Ordinance No. 93 of 2000: An ordinance authorizing the execution of a
concessions contract with PWS LLC, d/b/a Tri Star Entertainment Services and
to otherwise provide with respect thereto.
Ordinance No. 94 of 2000: An ordinance to amend and reenact Section 62-92
of the Code of Ordinances relative to the Department of Public Assembly and
Recreation Fee Waivers and related matters and to otherwise provide with
respect thereto.
Read by title and as read motion by Councilman Shyne, seconded by
Councilman Serio for Introduction of the Ordinances to lay over until the
June 27, 2000 meeting. Motion approved by the following vote: Ayes: Councilmen
Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
ORDINANCES ON SECOND READING AND FINAL PASSAGE:
Ordinance No. 48 of 2000 by Councilman Huckaby: An ordinance amending and
reenacting Section 26-124(D), (3) and (4) relative to fee waivers and
otherwise providing with respect thereto.
Having passed first reading on March 28, 2000 was read by title and on
motion ordered passed to third reading. Read the third time in full and as read
motion by Councilman Huckaby, seconded by Councilman Shyne for
adoption.
Councilman Burrell: Is this the issue where we are developing some sort
of further information on? Councilman Carmody: Right, this is what we will
be hearing a report on by Gary Norman at the end of our agenda today and
this is will be part of our Committee report to the Council.
Councilman Burrell: Are we ready to vote on it today, since we have not
seen the information. Councilman Carmody: I would ask my fellow Council
members, again, to postpone any action on this until we have a chance to
bring back our Committee report. (Councilman Huckaby withdrew his motion for
adoption and Councilman Shyne his second.)
Having passed first reading on March 28, 2000 was read by title and on
motion ordered passed to third reading. Read the third time in full and as read
motion by Councilman Huckaby, seconded by Councilman Burrell to
postpone the ordinance until the June 27, 2000 meeting. Motion approved by the
following vote: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and
Burrell. 7. Nays: None.
Ordinance No. 71 of 2000: An ordinance to enact Section 26-265.1 Authority
to debar or suspend from consideration for award of contracts and to
otherwise provide with respect thereto.
Having passed first reading on May 23, 2000 was read by title and on
motion ordered passed to third reading. Read the third time in full and as read
motion by Councilman Carmody, seconded by Councilman Stewart
adopted by the following vote: Councilmen Huckaby, Stewart, Carmody, Serio,
Spigener, Shyne and Burrell. 7. Nays: None.
Ordinance No. 72 of 2000: An ordinance to amend and reenact Section 2-414
Contract Language and to otherwise provide with respect thereto.
Having passed first reading on May 23, 2000 was read by title and on
motion ordered passed to third reading. Read the third time in full and as read
motion by Councilman Huckaby, seconded by Councilman Serio adopted
by the following vote: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener,
Shyne and Burrell. 7. Nays: None.
Ordinance No. 73 of 2000: An ordinance to amend and reenact Chapter 66 of
the Code of Ordinances of the City of Shreveport relative to Benefits and
Retirement Allowances and to otherwise provide with respect thereto.
Having passed first reading on May 23, 2000 was read by title and on
motion ordered passed to third reading. Read the third time in full and as read
motion by Councilman Stewart, seconded by Councilman Shyne adopted
by the following vote: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener,
Shyne and Burrell. 7. Nays: None.
Ordinance No. 74 of 2000: An ordinance amending the 2000 General Fund
budget and otherwise providing with respect thereto.
Having passed first reading on May 23, 2000 was read by title and on
motion ordered passed to third reading. Read the third time in full and as read
motion by Councilman Shyne, seconded by Councilman Burrell for
passage.
The Deputy Clerk read the following amendment:
Amend the Ordinance as follows:
In Section 2, Appropriations, under General Government:
Decrease Operating Reserves by $125,000
Increase Transfer to Fleet Services Fund by $125,000.
Motion by Councilman Shyne, seconded by Councilman Burrell for
adoption of the amendment. Motion approved by the following vote: Councilmen
Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
Motion by Councilman Burrell, seconded by Councilman Serio for
adoption of the ordinance as amended.
Councilman Carmody: Councilman Burrell, I believe this was the matter
that we had discussed earlier today.
Councilman Burrell: Councilman Carmody asked me as Chairman of the Audit
and Finance Committee that we would take a look at this before we vote on it
and I forgot that this is actually the one that he wanted to look at and we
are going to grant that and postpone it. (Councilman Burrell withdrew his
motion for adoption and Councilman Serio his second.)
Motion by Councilman Burrell, seconded by Councilman Serio to
postpone the ordinance as amended until the June 27, 2000 meeting. Motion
approved by the following vote: Councilmen Huckaby, Stewart, Carmody, Serio,
Spigener, Shyne and Burrell. 7. Nays: None.
Ordinance No. 76 of 2000: An ordinance to enlarge the limits and
boundaries of the City of Shreveport -- A tract of land located along the
Williamson Way Road in the NW/4 of Section 15 (T16N-R14W), Caddo Parish,
Louisiana and providing with respect thereto.
Having passed first reading on May 23, 2000 was read by title and on
motion ordered passed to third reading. Read the third time in full and as read
motion by Councilman Spigener, seconded by Councilman Shyne
adopted by the following vote: Councilmen Huckaby, Stewart, Carmody, Serio,
Spigener, Shyne and Burrell. 7. Nays: None.
Ordinance No. 77 of 2000: An ordinance to enlarge the limits and
boundaries of the City of Shreveport -- A tract of land out of Lot 1 of Hart’s
Island Partition as per map in Conveyance Book 14, Page 195, located in the
southwesterly intersection of Youree Drive with East 70th Street
and including additional right-of-way of East 70th Street and Old
River Bayou Land in Sections 20, 21, and 29 (T17N-R13W), Caddo Parish,
Louisiana and providing with respect thereto.
Having passed first reading on May 23, 2000 was read by title and on
motion ordered passed to third reading. Read the third time in full and as read
motion by Councilman Serio, seconded by Councilman Carmody adopted
by the following vote: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener,
Shyne and Burrell. 7. Nays: None.
Ordinance No. 78 of 2000: An ordinance amending Chapter 106 of the Code
of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property
located on the west side of Creswell Avenue, 90 feet south of Rutherford
Street, Shreveport, Caddo Parish, Louisiana from R-2, Suburban, Multi-Family
Residence District and B-1, Buffer Business District to B-2, Neighborhood
Business District, and to otherwise provide with respect thereto.
Having passed first reading on May 23, 2000 was read by title and on
motion ordered passed to third reading. Read the third time in full and as read
motion by Councilman Stewart, seconded by Councilman Burrell for
adoption.
Councilman Stewart: It is my understanding, and I’ll take a nod from
Mr. Kirkland to re-affirm that there is still no evidence of opposition to
78 and 79. Seeing no opposition in the affirmative I request that we all
support 78, please, with an affirmative vote.
Ordinance adopted by the following vote: Councilmen Huckaby, Stewart, Carmody,
Serio, Spigener, Shyne and Burrell. 7. Nays: None.
Ordinance No. 79 of 2000: An ordinance amending Chapter 106 of the Code
of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property
located on the SW corner of Claiborne Avenue and Portland Avenue,
Shreveport, Caddo Parish, Louisiana from R-2, Suburban, Multi-Family
Residence District and R-2-E, Suburban, Multi-Family Residence/Extended Use
District to and R-2-E, Suburban, Multi-Family Residence/Extended Use
District limited to "a day care center" only, and to otherwise
provide with respect thereto.
Having passed first reading on May 23, 2000 was read by title and on
motion ordered passed to third reading. Read the third time in full and as read
motion by Councilman Stewart, seconded by Councilman Carmody for
adoption.
Councilman Spigener: Mr. Stewart, do you have any discussion there for
us? Councilman Stewart: No ma’am, I ask for your support.
Ordinance adopted by the following vote: Councilmen Huckaby, Stewart, Carmody,
Serio, Spigener, Shyne and Burrell. 7. Nays: None.
Ordinance No. 81 of 2000: An ordinance amending Chapter 106 of the Code
of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property
located on the west side of Youree Drive, 175 feet north of Albany Avenue,
Shreveport, Caddo Parish, Louisiana from SPI-3(B-1), Commercial Corridor
Overlay (B-1, Buffer Business District) to SPI-3-E, Commercial Corridor
Overlay/Extended Use District, limited to "a beauty shop" only,
and to otherwise provide with respect thereto.
Having passed first reading on May 23, 2000 was read by title and on
motion ordered passed to third reading. Read the third time in full and as read
motion by Councilman Carmody, seconded by Councilman Serio adopted
by the following vote: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener,
Shyne and Burrell. 7. Nays: None.
Councilman Serio: I appreciate the Council’s vote on that 77 which is
annexation of land where the Target Store will be located. And of course as
most of us realize the property is in the center, in the middle of town at
the intersection of 70th and Highway 1. Mr. Kirkland, is it
possible or would it ever be possible for tracts of land in the middle of
the city that have for some reason been omitted from annexation, to bring
all those tracts of land that is 100 percent surrounded by the city limits
of the city of Shreveport to be brought into the city of Shreveport and what
will we have to do to accomplish that? Mr. Kirkland: Yes, sir there is. In
fact there are a number of laws that allow the city to do that but I think
the best party to respond to that would be Mr. Strong as far as an issue you
raised. We certainly get involved with annexation issues and land use and
that sort of thing, but I think that would be more appropriately addressed
by Mr. Strong or the Mayor.
Councilman Serio: I think we are going to be amazed that we are annexing
this parcel of land in to the city, people probably thought that it was in
the city to begin with. Mr. Strong: We have identified actually a total of
26 areas and I don’t remember off hand how many of those are surrounded by
the city, but we have identified them and we are in the process of looking
at annexing some of these areas. One of them, probably the most prominent is
the Agurs area that we are looking at and we have some down in the, I think
in your area of town also. So we are looking at that all over the city where
some actually have houses and businesses on it and some don’t. So we are
trying to put everything together on that and we will try to come in with a
package of that and this is one of the things that the Mayor is wanting to
be pushed, so we are looking at it.
Councilman Serio: How soon can we expect that? Mr. Strong: I’ll tell
you what, let me get back with you. I will get with our Property Management
on a status of where they are at on everything that is there and can get
back with you and the whole Council.
Councilman Carmody: For clarification purposes, just so that we all
understand, a property owner has to petition the city to be annexed in, is
that not correct or give his consent to be annexed in? Mr. Strong: That is
correct. In doing that, there is a process that you go through on the
majority of the property owners and then the value of the property that is
there. We looked at one on the north side of town pretty well, the majority
of them did not want to be annexed. But, one that we are looking at right
now and we are pursuing and moving forward with is up around South Lakeshore
on Cross Lake; that is kind of the first test area that we are going to see.
Councilman Carmody: And I would think that anyone that receives the
benefits from being within our municipal community, would want to be part of
our city and help to bare the cost for the infrastructure and the support
that they receive, but I do want to make it clear that they do have to
consent before we act to annexing. Mr. Strong: And that is one of the things
that we do when they call to Water and Sewerage is that they must present us
with a petition for annexation.
Councilman Stewart: Mr. Strong, on several instances you and I talked
generally about annexation and people coming into the City. Have we moved
any further or in any direction toward any type of indemnification
agreements when people come in when as it relates to either liabilities that
are brought forward by faulty construction or failure to follow prudent
guidelines as well as any other liabilities associated with collapse injury
or construction? Mr. Strong: No, sir.
Councilman Stewart: I would request, Mayor Hightower, that Mr. Strong and
others give some consideration to this. I know Mr. Strong you and I have
talked about. It is normally prudent in business circles and I realize that
this is not strictly a business issue that when you acquire properties, they
are subject to certain conditional items in good working order, shall we
say, and I think it is long overdue for the city to embrace it. I’d be
happy to help in any way. It is being done in other cities and I appreciate
your guidance.
The adopted Ordinances follows:
ORDINANCE NO. 71OF 2000
AN ORDINANCE TO ENACT SECTION 26-265.1 AUTHORITY TO DEBAR OR SUSPEND FROM
CONSIDERATION FOR AWARD OF CONTRACTS AND TO OTHERWISE
PROVIDE WITH RESPECT THERETO
BE IT ORDAINED by the City Council of the City of Shreveport, in due, legal
and regular session convened that Section 26-265.1 of the Code of Ordinances of
the City of Shreveport be hereby and is enacted to read as follows:
Section 26-265.1 - Authority to Debar or Suspend
a) Authority
The procurement of supplies, services, major repairs and construction
by the City of Shreveport shall be governed by the provisions of
R.S. 38:2181 et seq. This Section, authorizing the city to debar or
suspend contractors from submitting competitive bids to the city for
cause, in accordance with the provisions of R.S. 39:1672, R.S. 39:1691
(B) and R.S. 39:1692 (B) , is adopted pursuant to the authority of L.S.A.
R.S. 39:1544 (E).
b) Applicability.
1. This Section applies to a debarment or suspension for cause from
consideration for award of contracts awarded by the City in accordance
with LSA R.S. 38:2181 et. seq.
c) Right to Hearing
1. After reasonable written notice to the person or entity
involved, said
notice to contain reasons for the proposed suspension or debarment,
and after a hearing providing reasonable opportunity for that
person to be heard, the chief administrative officer shall have
authority, for cause, to suspend for a period not to exceed six
months or debar, for a period not to exceed three years, any person
or entity from consideration for award of contracts by the City of
Shreveport, providing that doing so is in the best interests of the
city. The causes for debarment are set forth in Subparagraph (e) of
this Section. The Chief Administrative officer may also suspend a
person or entity from consideration for award of contracts if he
determines after notice and hearing, that there is probable cause to
believe that such person has engaged in any activity which might
lead to debarment. This type suspension shall not be for a period
exceeding six months, unless after the expiration of six months the
suspension is extended for cause after further notice and hearing.
The authority to debar or suspend shall be exercised in accordance
with this section and any applicable state and local ordinances.
d) Guidelines for Hearing
1. When a contractor has been given notice of possible
disqualification
based upon La. R.S. 38:2212 et. seq., and this Section the contractor
may submit a written appeal to the Purchasing Agent for review by the
City’s Disqualification Review Board. The written appeal must be
submitted within ten (10) days after notice of possible disqualification
and may request either (1) a hearing with the Review Board, or (2) that
the Review Board consider a written appeal only. A meeting of the
Review Board will be scheduled within ten (10) days after receipt of the
appeal.
2. The Review Board will be composed of the Chief Administrative Officer (CAO)
City Engineer, Purchasing Agent and the Director of the involved Department.
The decision of the Review Board will be given to the contractor in writing
within ten (10) days after all pertinent information has been considered. A
decision
of debarment or suspension by the Review Board will not operate as a
waiver by the City of its rights concerning the assessment of liquidated
damages.
3. The Review Board shall have complete charge of any hearing. The
procedure followed shall be informal and not necessarily bound by legalistic
rules of evidence. The Board shall not be required to have testimony taken
and transcribed, but any party at its own expense may make the necessary
arrangements therefore. Any transcription of the hearing shall be made
available for review by any court in the event an appeal is filed in
accordance
with subparagraph (i) of this section. If no transcription is made, the
Review
Board will cause written minutes of the meeting to be taken
e) Causes for Debarment or Suspension
The causes for debarment include the following:
(1) Conviction for commission of a criminal offense as incident to
obtaining or attempting to obtain a public or private contract or
subcontract, or in the performance of such contract or
subcontract;
(2) Conviction under state or federal statutes of embezzlement, theft,
forgery, bribery, falsification or destruction of records, receiving stolen
property, perjury or any other offense indicating lack of
business integrity or business honesty which currently, seriously,
and directly indicates lack of responsibility as a contractor;
receiving public funds,
(3) Conviction under state of federal antitrust statutes arising out of the
submission of bids or proposals;
(4) Violation of contract provisions, as set forth below, of a character
which is regarded by the chief administrative officer to be so
serious
as to justify debarment action:
(a) Deliberate or negligent failure without good cause to perform in
accordance with the specifications or within the time limit
provided in the contract; or
(b) A recent record of failure to perform or of unsatisfactory
performance in accordance with the terms of one or more
contracts; provided that failure to perform or unsatisfactory
performance caused by acts beyond the control of the
contractor shall not be considered to be a basis for debarment.
(5) Any other cause the chief administrative officer determines to
be so serious and compelling as to affect responsibility as a
contractor, including debarment by another governmental
entity for any cause listed herein;
(6) Violation of the ethical standards set forth in Chapter 15 of Title 42 of
the Louisiana Revised Statutes.
f) Decision.
The chief administrative officer shall issue on behalf of the Review
Board a written decision to dismiss the proceeding, debar or
suspend. The decision shall:
(1) State the reasons for the action taken; and
(2) Inform the debarred or suspended person involved of its
rights to judicial review as provided in this Section.
g) Notice of decision.
A copy of the decision under Subsection (d) of this Section shall
be mailed or otherwise furnished within ten days to the debarred or
or suspended person and any other party intervening.
h) Finality of decision.
A decision under Subsection (d) of this Section shall be final and
conclusive unless:
(1) The decision is fraudulent; or
(2) The debarred or suspended person has timely appealed to
the First Judicial District Court, Caddo Parish, Louisiana.
i) Appeal
The First Judicial District Court Caddo Parish Louisiana shall
have
exclusive venue over an action between the City and any person
or entity who is subject to a suspension or debarment proceeding
as provided in this Section to determine whether the debarment or
suspension is in accordance with the requirements and provisions
of this Section and the constitution and laws of the state of
Louisiana. Such actions shall extend to actions for declaratory,
injunctive or other equitable relief. Any action under this
Subparagraph shall be commenced within (60) days after receipt of
the decision of the Chief Administrative officer.
BE IT FURTHER ORDAINED that if any provision or item of this Ordinance or the
application thereof is held invalid, such invalidity shall not affect other
provisions, items or applications of this Ordinance which can be given affect
without the invalid provisions, items or applications and to this end the
provisions of this Ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all Ordinances or parts thereof in conflict
herewith are hereby repealed.
ORDINANCE NO. 72 OF 2000
AN ORDINANCE TO AMEND AND REENACT SECTION 2-414 CONTRACT LANGUAGE AND TO
OTHERWISE PROVIDE WITH RESPECT THERETO
BE IT ORDAINED by the City Council of the City of Shreveport, in due, legal
and regular session convened that the first Subparagraph of Section 2-414 of the
Code of Ordinances of the City of Shreveport, said subparagraph being titled
"Prompt Payment Clause" be hereby amended and reenacted as follows:
Section 2-414 Contract Language "Prompt Payment Clause"
The City of Shreveport, shall, upon receipt of a proper invoice from a
prime contractor, and, upon verification, process a request for payment,
said payment to be paid to the prime contractor within thirty (30) days
after receipt of request. Prime contractors shall then be required to ensure
that payment is made to any designated small or disadvantaged business
(subcontractor), within fifteen (15) work days of receipt of payment by the
prime contractor from the City, presuming proper invoice has been provided
to the prime contractor by the subcontractor. Upon satisfactory completion
of a contract, the City and/or prime contractor will ensure that any
retainage payments are returned within thirty (30) work days. Failure to
comply with the terms of this requirement may be grounds for termination of
the contract by the city.
BE IT FURTHER ORDAINED that if any provision or item of this Ordinance or the
application thereof is held invalid, such invalidity shall not affect other
provisions, items or applications of this Ordinance which can be given affect
without the invalid provisions, items or applications and to this end the
provisions of this Ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all Ordinances or parts thereof in conflict
herewith are hereby repealed.
ORDINANCE NO. 73 OF 2000
AN ORDINANCE TO AMEND AND REENACT CHAPTER 66 OF THE CODE OF ORDINANCES OF THE
CITY OF SHREVEPORT RELATIVE TO BENEFITS AND RETIREMENT ALLOWANCES AND TO
OTHERWISE PROVIDE WITH RESPECT THERETO.
BE IT ORDAINED by the City Council of the City of Shreveport in due, regular
and legal session convened, that Section 66-42 of the Code of Ordinances is
hereby amended and reenacted to read as follows:
Sec. 66-42 Generally
The general administration and the responsibility for the proper operation of
the retirement system and for making effective the provisions of this article
are hereby vested in the Board of Trustees of the retirement system. The Board
of Trustees is the only authority that can employ or dismiss consultants and or
advisors such as money managers, investment consultants, stockbrokers, actuaries
and other consultants or advisors not specifically enumerated.
BE IT FURTHER ORDAINED that if any provisions or item of this ordinance
or the application thereof is held invalid, such invalidity shall not affect
other provisions, items or applications of this ordinance which can be given
effect without the invalid provisions, items or applications and to this end the
provisions of this ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all ordinances or resolutions or parts thereof in
conflict herewith are hereby repealed.
ORDINANCE NO. 76 OF 2000
AN ORDINANCE TO ENLARGE THE LIMITS AND BOUNDARIES OF THE CITY OF SHREVEPORT -
A TRACT OF LAND LOCATED ALONG THE WILLIAMSON WAY ROAD IN THE NW/4 OF SECTION 15
(T16N-R14W), CADDO PARISH, LOUISIANA, AND PROVIDING WITH RESPECT THERETO.
TAG NO.00-01
WHEREAS, Section 172 of Title 33 of the Louisiana Revised Statues of 1950
provides for annexation by petition; and
WHEREAS, a petition was signed by more than the required percentage in value
of the area described below has been filed with the City Council to annex and
bring within the corporate limits of the City of Shreveport, Louisiana, the
following described property, to-wit:
From the southwest corner of the E/2 of the NW/4 of Section 15
(T16N-R14W), Caddo Parish, Louisiana, run south 88 E48'
00" east along the east-west center line of Section 15 and along the
existing City limits line of Annexation Ordinance No. 146 of 1999 a distance
of 375.00 feet to the point of beginning of tract herein described; continue
thence, from said point of beginning, running south 88E
48' 34" east along the east-west center line of Section 15 a distance
of 952.33 feet to the center point thereof of Section 15; run thence north
00E40' 52"
east along the north-south center line of Section 15 a distance of 1307.84
feet to the approximate centerline of a bayou (Summer Grove Drainage Ditch);
run thence north 45E47'
25" west along the approximate center line of the bayou (Summer Grove
Drainage Ditch) a distance of 755.92 feet to the intersection with the south
right-of-way line of the 160 foot-wide Williamson Way Road and to a point on
the existing City limits line as established by Annexation Ordinance No. 212
of 1993; run thence in a westerly direction along the said south
right-of-way line of the 160 and 120 foot-wide Williamson Way Road across
the NW/4 of Section 15 and along the existing City limits line of Annexation
Ordinance No. 212 of 1993 to the intersection with the northeast corner of
Lot 1 of the Burgundy Oaks, Unit No. 1, Subdivision as recorded in Book
2200, Page 425, of the Conveyance Records of Caddo Parish, Louisiana and to
a point on the City limits line of Annexation Ordinance No. 207 of 1995; run
thence South 01E
14' 37" west along the City limits line of Annexation Ordinance No. 207
of 1995 and along the east line of Lot 1 of Burgundy Oaks, Unit No. 1, a
distance of 200.00 feet to the southeast corner thereof of Lot 1 and to the
City limits of Annexation Ordinance No. 171 of 1998; run thence along the
City limits line of Annexation Ordinance No. 171 of 1998 and along the
boundary of the Burgundy Oaks, Unit No. 2, Subdivision as recorded in Book
2500, Page 1, of the Records the following four (4) distances: South 88E
45' 19" East a distance of 95.58 feet; South 23E
12' 58" East a distance of 161.43 feet; South 09E
16' 19" East a distance of 126.73 feet; and South 39E
46' 59" West a distance of 399.43 feet to a point on the existing City
limits line of Annexation Ordinance No. 146 of 1999 (said point also being
located on the easterly boundary line of Lot 51 of the Burgundy Oaks, Unit
No. 5, Subdivision as recorded in Book 3000, Page 7, of the Records); run
thence along the easterly boundary lines of Lots 51 and 52 of the Burgundy
Oaks, Unit No. 5, and along the existing City limits line of Annexation
Ordinance No. 146 of 1999 the following five (5) distances: South 28E
54' 42" East a distance of 90.32 feet; South 69E
47' 02" East a distance of 20.00 feet; South 20E
04' 09" West a distance of 24.62 feet; South 28E
45' 51" East a distance of 135.00 feet; and South 22E
44' 04" East a distance of 913.16 feet to the point of intersection
with the said east-west center line of Section 15 that is located 375.00
feet from the southwest corner of the E/2 of the NW/4 of Section
15(T16N-R14W), the point of beginning, and containing 48.43 acres, more or
less
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport
in due, legal and regular session convened, that the limits and boundaries of
the City of Shreveport are hereby changed to include within the limits and
boundaries of said City the above-described property.
BE IT FURTHER ORDAINED that the annexed area contained herein be and is
hereby assigned to Council District "E".
BE IT FURTHER ORDAINED that the Clerk of Council be and is hereby authorized
to file, within ten (10) days of the final passage of this ordinance with the
Clerk of the District Court for Caddo Parish, a description of the entire
boundary of the municipality as changed by this ordinance.
BE IT FURTHER ORDAINED that the Clerk of Council be and is hereby authorized
to record this ordinance in the official records of the District Court for Caddo
Parish, Louisiana.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the
application thereof is held invalid, such invalidity shall not affect other
provisions, items or applications of this ordinance which can be given effect
without the invalid provisions, items or applications and to this end the
provisions of this ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all ordinances or resolutions or parts thereof in
conflict herewith are hereby repealed.
ORDINANCE NO. 77 OF 2000
AN ORDINANCE TO ENLARGE THE LIMITS AND BOUNDARIES OF THE CITY OF SHREVEPORT -
A TRACT OF LAND OUT OF LOT 1 OF HART’S ISLAND PARTITION AS PER MAP IN
CONVEYANCE BOOK 14, PAGE 195, LOCATED IN THE SOUTHWESTERLY INTERSECTION OF
YOUREE DRIVE WITH EAST 70TH STREET AND INCLUDING ADDITIONAL RIGHT-OF-WAY OF EAST
70TH STREET AND OLD RIVER BAYOU LAND IN SECTIONS 20, 21, AND 29 (T17N-R13W),
CADDO PARISH, LOUISIANA AND PROVIDING WITH RESPECT THERETO.
TAG NO.00-02
WHEREAS, Section 172 of Title 33 of the Louisiana Revised Statues of 1950
provides for annexation by petition; and
WHEREAS, a petition was signed by more than the required percentage in value
of the area described below has been filed with the City Council to annex and
bring within the corporate limits of the City of Shreveport, Louisiana, the
following described property, to-wit:
Begin at the point of intersection of the South right-of-way line of the
East 70th Street (La. Hwy. 511) with the West right-of-way line of East
Kings Highway and being a point on the present City limits line as
established by Annexation Ordinance No. 141 of 1984, and also being the
northeast corner of a 0.003 acre tract as acquired by the Louisiana
Department of Transportation and Development (La. DOTD) and identified as
Parcel No. 1-A-2 and described in Conveyance Book 1122, Page 766 , of the
Records of Caddo Parish, Louisiana; run thence, from said point of
beginning, along the said West right-of-way line of the East Kings Highway
and along the existing City limits line of Annexation Ordinance No. 141 of
1984 along an arc of a curve to the left or South (the chord of which bears
south 01° 38' 29" west 16.11 feet) a distance of 16.11 feet to the
southernmost corner of the 0.003 acre La. DOTD tract; run thence North 43°
08' 55" West along the La DOTD tract a distance of 22.33 feet to a
point on the South right-of-way line of the East 70th Street that is located
North 89° 19' 45" West a distance of 15.73 feet from the intersection
with the West right-of-way line of the East Kings Highway; run thence North
89° 19' 45" West along the said South right-of way line of the 100 and
105 foot-wide East 70th Street to the intersection with the presently
existing easterly right-of-way line of the Youree Drive (La. Hwy. 1); run
thence South 14° 06' west a distance of 71.62 feet along the Youree Drive
right-of-way line; continue thence running South 26° 08' east along the
presently existing easterly right-of-way line of Youree Drive (La. Hwy. 1
and State Project No. 53-09-20) a distance of 2798.75 feet to a point
opposite Highway Survey Station 195 + 00 and to the northernmost corner of a
0.251 acre tract as acquired by the La. DOTD and identified as Parcel No.
5-2 and described in Book 1122, page 614, of the Records; run thence South
45° 25' 25" East a distance of 90.84 feet and South 26° 08' East a
distance of 403.30 feet along the easterly line of the La. DOTD tract to the
southeast corner of said 0.251 acre tract and to a point in the centerline
of the East Fork of Sand Beach Bayou or Old Sand Beach Bayou; run thence
South 84° 55' West along the South line of the 0.251 acre tract as acquired
by the La. DOTD and along the said centerline of Old Sand Beach Bayou a
distance of 21.43 feet to a point on the said presently existing easterly
right-of-way line of Youree Drive (La. Hwy. 1 and State Project No.
53-09-20); run thence along the easterly line of Youree Drive South 26° 08'
East thru the bayou a distance of 18.66 feet; continue running along the
easterly right-of-way line of Youree Drive South 20° 25' East across the
Old Sand Beach Bayou to a point on the South or Southwesterly bank thereof
and to a point on the existing City limits line of Annexation Ordinance No.
164 of 1959; run thence North 85° 15' West along the said South or
Southwesterly bank of the Old Sand Beach Bayou and along the existing City
limits line of Annexation Ordinance No. 164 of 1959 to the centerline of the
Youree Drive (La. Hwy. 1); continue thence running along the South and
Southwesterly and Westerly bank of the Old Sand Beach Bayou or the East Fork
of Sand Beach Bayou and along the existing City limits line of Annexation
Ordinance No. 164 of 1959 the following 12 distances: South 89° 00' West a
distance of 600.00 feet; North 75° 00' West a distance of 386.00 feet;
North 65° 45' West a distance of 450.00 feet; North 51° 30' West a
distance of 558.00 feet; North 38° 00' West a distance of 118.80 feet;
North 31° 30' West a distance of 477.80 feet; North 18° 30' West a
distance of 275.00 feet; North 04° 00' West a distance of 223.00 feet;
North 19° 00' West a distance of 218.00 feet; North 03 °20' West a
distance of 560.00 feet; North 19° 30' West a distance of 425.00 feet; and
North 17° 11' West a distance of 63.30 feet to an intersection with the
City limits line of Annexation Ordinance No. 45 of 1966; continue thence
running along the westerly bank of the Old Sand Beach Bayou or the East Fork
of Sand Beach Bayou and along the existing City limits line of Annexation
Ordinance No. 45 of 1966 North 00° 42' West a distance of 285.95 feet to
the intersection of the said westerly bank with the South right-of-way line
of the East 70th Street (La. Hwy. 511) as it existed in 1966 (said
intersection point being further identified as being located South 89° 58'
West a distance of 1122.07 feet and South 00° 42' East a distance of 50.00
feet from the intersection of the centerline of East 70th Street with the
centerline of Youree Drive); run thence South 89° 58' West a distance of
60.00 feet along the South line of the East 70th Street as it existed in
1966 and along the existing City limits line of Annexation Ordinance No. 45
of 1966 to the intersection with the City limits line of Tract No. 3 of
Annexation Ordinance No. 176 of 1972 and as per Judgment filed October 17,
1973 in Suit No. 212789 of the Records; continue thence running West along
the South line of the East 70th Street as it existed in 1972 and along the
existing City limits line of Tract No. 3 of Annexation Ordinance No. 176 of
1972 and as per Judgment rendered to the intersection with the centerline of
the West Fork of Sand Beach Bayou or Sand Beach Bayou and to a point on the
existing City limits line of Annexation Ordinance No. 46 of 1966; continue
thence running West along the South line of the East 70th Street as it
existed in 1966 and along the existing City limits line of Annexation
Ordinance No. 46 of 1966 a distance of 200.00 feet, more or less, to the
intersection with the northwest corner of the City of Shreveport’s Fire
Station No. 3 property (said intersection point being further identified as
being located South 89° 58' West a distance of 2035.60 feet and South 00°
42' East a distance of 60.00 feet from the intersection of the centerline of
East 70th Street with the centerline of Youree Drive; and, said intersection
also being a point on the present City limits line of Tract No. 4 of
Annexation Ordinance No. 176 of 1972 and as per Joint Stipulation dated
March 24, 1976 and as per Judgment dated March 25, 1976 and both filed in
Suit No. 212789 of the Records); run thence North along the City limits line
of Annexation Ordinance No. 176 of 1972 and Judgments filed and dated
October 17, 1973 and March 25, 1976 across the East 70th Street to a point
on the North right-of-way line thereof as it existed in 1972; run thence
East along the North line of the East 70th Street (La. Hwy.511) as it
existed in 1972 and along the existing City limits line of Tract 4 of
Annexation Ordinance No. 176 of 1972 to the intersection with the westerly
right-of-way line of Youree Drive (La. Hwy. 1) as it existed in 1964 and to
a point on the present City limits line of Annexation Ordinance No. 67 of
1964 ; continue thence running East across the Youree Drive right-of-way and
along the North line of the East 70th Street as existed in 1964 and along
the existing City limits line of Annexation Ordinance No. 67 of 1964 to the
intersection with the centerline of Old River (a bayou), the line between
Harts Island Plantation and Shreve Island; run thence along the centerline
of the Old River (a bayou) across the East 70th Street to a point on the
South right-of-way thereof and to a point on the existing City limits line
of said Annexation Ordinance No. 141 of 1984; run thence in a westerly
direction along the South right-of-way line of the East 70th Street and
along the existing City limits line of Annexation Ordinance No. 141 of 1984
to and across the East Kings Highway to the intersection of the South
right-of-way line of the East 70th Street (La. Hwy. 511) with the West
right-of-way line of the East Kings Highway, the point of beginning, and
containing 124.00 acres , more or less.
ALSO AND INCLUDING: All of the original and existing East 70th Street
(La. Hwy. 511) right-of-way lying outside of the City Limits and running
between the centerline of the Old River (a bayou), the line between Harts
Island Plantation and Shreve Island, to the centerline of the Old River (a
concrete drainage ditch), the line between Shreve Island and Dixie Gardens
Subdivision. ALSO AND INCLUDING: All those portions of the following
described tract lying outside of the City Limits: That part of the East half
of the Old River Bayou (the bayou between Harts Island Plantation and Shreve
Island) lying between the North right-of-way line of East 70th Street as
existed in 1964 and a westerly extension of the South line of Love Brothers
Broadmoor Terrace Subdivision in Shreve Island.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport
in due, legal and regular session convened, that the limits and boundaries of
the City of Shreveport are hereby changed to include within the limits and
boundaries of said City the above-described property.
BE IT FURTHER ORDAINED that the annexed area contained herein be and is
hereby assigned to Council District "D".
BE IT FURTHER ORDAINED that the Clerk of Council be and is hereby authorized
to file, within ten (10) days of the final passage of this ordinance with the
Clerk of the District Court for Caddo Parish, a description of the entire
boundary of the municipality as changed by this ordinance.
BE IT FURTHER ORDAINED that the Clerk of Council be and is hereby authorized
to record this ordinance in the official records of the District Court for Caddo
Parish, Louisiana.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the
application thereof is held invalid, such invalidity shall not affect other
provisions, items or applications of this ordinance which can be given effect
without the invalid provisions, items or applications and to this end the
provisions of this ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all ordinances or resolutions or parts thereof in
conflict herewith are hereby repealed.
ORDINANCE NO. 78 OF 2000
AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES, THE CITY OF
SHREVEPORT ZONING ORDINANCE, BY REZONING PROPERTY LOCATED ON THE WEST SIDE OF
CRESWELL AVENUE, 90 FEET SOUTH OF RUTHERFORD STREET, SHREVEPORT, CADDO PARISH,
LOUISIANA, FROM R-2, SUBURBAN, MULTI-FAMILY RESIDENCE DISTRICT AND B-1, BUFFER
BUSINESS DISTRICT TO B-2, NEIGHBORHOOD BUSINESS DISTRICT, AND TO OTHERWISE
PROVIDE WITH RESPECT THERETO
SECTION I: BE IT ORDAINED by the City Council of the City of Shreveport,
Caddo Parish, Louisiana, in due, legal and regular session convened, that the
zoning classification of property located on the west side of Creswell Avenue,
90 feet south of Rutherford Street, Shreveport, Caddo Parish, Louisiana, legally
described below, be and the same is hereby changed from R-2, Suburban,
Multi-Family Residence District and B-1, Buffer Business District to B-2,
Neighborhood Business District:
FROM R-2 TO B-2:
The north 17 feet of Lots 27, 28, and 29, and the S/2 of abandoned alley
lying along the north property lines of said lots, Bon Air Subdivision. AND
FROM B-1 TO B-2:
The south 40.85 feet of Lots 116, 117, and 118, and the N/2 of abandoned
alley lying next to and adjoining said lots, Bon Air Addition.
SECTION II: THAT the rezoning of the property described herein is subject to
compliance with the following stipulations:
Development to be in substantial compliance with a revised site plan
showing at least 14 on-site and 3 off-site legal parking spaces (all spaces
to Ordinance standards) to be submitted to and approved by the Planning
Director prior to the issuance of any permits, with any additions or
expansions requiring further review and approval by the Planning Commission.
Approval is contingent upon a valid parking agreement with the City of
Shreveport for at least 7 spaces.
Solid wood fencing requirement is waived in lieu of a 6' to 8' wrought
iron fence and handicapped entrance adjacent to the residentially zoned
property to the north.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the
application thereof is held invalid, such invalidity shall not affect other
provisions, items, or applications of this ordinance which can be given effect
without the invalid provisions, items, or applications and to this end the
provisions of this ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict
herewith are hereby repealed.
ORDINANCE NO. 79 OF 2000
AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES, THE CITY OF
SHREVEPORT ZONING ORDINANCE, BY REZONING PROPERTY LOCATED ON THE SW CORNER OF
CLAIBORNE AVENUE AND PORTLAND AVENUE, SHREVEPORT, CADDO PARISH, LOUISIANA, FROM
R-2, SUBURBAN, MULTI-FAMILY RESIDENCE DISTRICT AND R-2-E, SUBURBAN, MULTI-FAMILY
RESIDENCE/EXTENDED USE DISTRICT TO R-2-E, SUBURBAN, MULTI-FAMILY
RESIDENCE/EXTENDED USE DISTRICT LIMITED TO "A DAY CARE CENTER"
ONLY, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.
SECTION I: BE IT ORDAINED by the City Council of the City of Shreveport,
Caddo Parish, Louisiana, in due, legal and regular session convened, that the
zoning classification of the south 41 feet of Lots 39 and 40 and all of Lots
41-44, Claiborne Subdivision, Shreveport, Caddo Parish, Louisiana, property
located on the SW corner of Claiborne Avenue and Portland Avenue, be and the
same is hereby changed from R-2, Suburban, Multi-Family Residence District
and R-2-E, Suburban, Multi-Family Residence/Extended Use District to R-2-E,
Suburban, Multi-Family Residence/Extended Use District limited to "a day
care center" only.
SECTION II: THAT the rezoning of the property described herein is subject to
compliance with the following stipulations:
Development to be in substantial accord with the site plan submitted,
with any significant changes or additions to be submitted to and approved by
the Planning Commission.
Compliance with the Landscape Ordinance.
Compliance with State day care licensing requirements.
The maximum number of children shall be limited to 56 unless a variance
in the circular driveway length is granted by the Zoning Board of Appeals.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the
application thereof is held invalid, such invalidity shall not affect other
provisions, items, or applications of this ordinance which can be given effect
without the invalid provisions, items, or applications and to this end the
provisions of this ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict
herewith are hereby repealed.
ORDINANCE NO. 81 OF 2000
AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES, THE CITY OF
SHREVEPORT ZONING ORDINANCE, BY REZONING PROPERTY LOCATED ON THE WEST SIDE OF
YOUREE DRIVE, 175 FEET NORTH OF ALBANY AVENUE, SHREVEPORT, CADDO PARISH,
LOUISIANA, FROM SPI-3(B-1), COMMERCIAL CORRIDOR OVERLAY (B-1, BUFFER BUSINESS
DISTRICT) TO SPI-3-E, COMMERCIAL CORRIDOR OVERLAY/EXTENDED USE DISTRICT, LIMITED
TO "A BEAUTY SHOP" ONLY, AND TO OTHERWISE PROVIDE WITH RESPECT
THERETO
SECTION I: BE IT ORDAINED by the City Council of the City of Shreveport,
Caddo Parish, Louisiana, in due, legal and regular session convened, that the
zoning classification of property located on the west side of Youree Drive, 175
feet north of Albany Avenue, Shreveport, Caddo Parish, Louisiana, legally
described below, be and the same is hereby changed from SPI-3 (B-1),
Commercial Corridor Overlay (B-1, Buffer Business District) to SPI-3-E,
Commercial Corridor Overlay/Extended Use District limited to "a beauty
shop" only:
Lot 423, Broadmoor Subdivision, Unit #2, Shreveport, Caddo Parish,
Louisiana, and a tract of land adjoining the rear of Lot 423, Broadmoor
Subdivision, Unit #2, said tract being bounded as follows:
On the N’ly side by an extension of the boundary line between Lots 422
and 423, Broadmoor Subdivision, Unit #2;
On the E’ly side by the rear boundary line of Lot 423 of said
subdivision;
On the S’ly side by an extension of the boundary line between Lots 423
and 424 of said subdivision;
And on the W’ly side by a line equidistant from and parallel to the
rear boundary line of Lot 423, Broadmoor Subdivision, Unit #2 and the rear
boundary line of Lots 83 and 84, Greenway Park Subdivision, Block 2,
together with all buildings and improvements thereon.
SECTION II: THAT the rezoning of the property described herein is subject to
compliance with the following stipulations:
Development to be in substantial accord with site plan submitted with any
changes or additions requiring further review and approval by the Planning
Commission.
Compliance with the Landscape Ordinance.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the
application thereof is held invalid, such invalidity shall not affect other
provisions, items, or applications of this ordinance which can be given effect
without the invalid provisions, items, or applications and to this end the
provisions of this ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict
herewith are hereby repealed.
UNFINISHED BUSINESS (legislation remained tabled):
Ordinance No. 211 of 1998: ZONING: C-64-98, QUERBES LAND CO; N side of E
70th St. between Sand Beach Bayou and Bayou Pierre from R-A to B-2 and B-3,
shopping center. (C/Carmody) (Tabled on November 10, 1998 and Postponed on
November 24, 1998)
Ordinance No. 54 of 1999: Creating a Police Department Citizens’ Review
Board. (A/Huckaby) (Tabled on August 10, 1999)
Ordinance No. 82 of 2000 by Councilman Serio: An ordinance amending the
Code of Ordinances of the City of Shreveport relative to subdivision
streets, and otherwise providing with respect thereto.
NEW BUSINESS:
ABO Card appeal: Derrick Critton (B/Stewart) (Postponed until June 26,
2000)
C-44-00, METROPOLITAN PLANNING COMMISSION, 2500 Line Ave., MPC approval
in an SPI-1 District; administrative office for the Housing Authority of the
City of Shreveport.
Councilman Spigener: Mr. Stewart, you’ve indicated we are ready to take
action on this issue. Councilman Stewart: I’m ready to request that we
approve this particular request subject to some clarifications that have
been brought forward. Mr. Thompson, what is the appropriate way to bring
this to the table then for approval? Mr. Thompson: Mr. Stewart, I think your
motion would be to approve with the stipulations that you would read or have
the Clerk read. Ma’am Clerk, would you prefer that I read it or you read
it? Ms. Lee: I don’t mind, I’ll read it. Councilman Stewart: If you’d
read it into the record, then I’d be happy to discuss it briefly,
acknowledge some additional parties that are present:
The Clerk read the following stipulations:
Development being substantially in accordance with the site plan
submitted. Any changes and/or additions requiring further review and
approval by the Planning Commission with specific attention to SPI-1
District requirements.
Approval is for Administrative offices only for the Housing Authority of
the City of Shreveport with a maximum of 35 employees full time/part. Note,
appointed board members are not employed.
Hours of operation are limited from 8:00 a..m. to 5:00 p.m Monday through
Friday.
No changes to the exterior facade or of the present structure.
Strict compliance with the landscape ordinance of city.
Facilities for the sole use of personnel associated with management
and/or administration of physical properties only.
Motion by Councilman Stewart, seconded by Councilman Huckaby to
approve the application.
Councilman Stewart: I appreciate the appreciate the patience of those
that are represented here, particularly Mr. Owens who met with me for 2
hours and well as other discussions. In determining, for clarifications,
please remember this is a privileged issues here, we are in an SPI-1
District. 2. Let me acknowledge Mr. Schofield, representing the Catholic
Diocese and Mr. Gene Richardson who is also a Board member and Ms. Donzetta
Kimble. My thanks in particular to Mr. Goodman, a local attorney
representing the Housing Authority, Mr. Grubb former City Attorney and Mr.
Kirkland, who have helped craft this, these particular changes, the changes
are not substantive; they are merely to clarify issues. 1. That it is an
SPI-1 District and we have to be sensitive to that. 2. By virtue of comment
for the record, Mr. Schofield asked if it would be al right if he worked
after hours and on the weekends and holidays. And I told him, as long as it
is okay with th Pope, it was okay with us. The real issue here is that the
normal hours of operation are defined here, but obviously members of the
staff and those associated with the building are free to come and go unless
Mr. Kirkland would tell me contrary. Strict compliance with the Landscape
Ordinance, the only word there is strict, and that is not to question
anything that has come forward from this group but rather reflect over the
failure in the past, for strict enforcement, particularly, Mayor Hightower
in several instances brought to my attention lately of new parking lots.
That’s been aside, but the strictness I think is extremely important and
than the clarification of the use of it. I know there has been a lot of
questions about this. It is strictly an issue of making certain that every i’s
is dotted and t’s is crossed. And I appreciate the understanding and
support of Donzetta and the entertainment bill sponsored by Mr. Owens; I
move for approval.
Motion approved by the following vote: Councilmen Huckaby, Stewart, Carmody,
Serio, Spigener, Shyne and Burrell. 7. Nays: None.
C-42-00, DEWEY F. WEAVER, JR., 4900 Monkhouse Dr.; variance in spacing
requirement, the front yard setback and the maximum sign height in a B-3
District; off premise sign.
Councilman Shyne: Councilman Burrell and I had a little tugging match on
whose district it falls in and I think it came to a draw, but if he doesn’t
mind it I would like to make a motion that we would postpone this until the
next Council meeting. I think Councilman Carmody would like to get some
information from Ms. Battle.
Motion by Councilman Shyne, seconded by Councilman Carmody to
postpone the application until the June 27, 2000 meeting.
Councilman Burrell: I don’t mind the postponement but I went back and
checked the map and I think it is in my Council district. I thought maybe
they were in error, but it happened to be on the north side of the
interstate and I believe it is in my Council district. I did address this
issue to Mr. Kirkland and he did tell me that he felt the ruling that they
made was appropriate and I’m ready to vote on it today, but I will
relinquish my position if Councilman Shyne want to do this. I don’t have a
problem with him recommending anything in my Council district.
Councilman Spigener: Councilmen, this is interesting. Many of us are
ready to get rid of a problem not hanging on it.
Councilman Burrell: So, Madame Chair I don’t have a problem one way or
the other. We can do it now or we can do it later.
Councilman Spigener: Councilman Carmody, I believe you did have a
question. I think probably several of us had questions, but my questions
have been answered.
Councilman Carmody: What I would like to do is to maintain my second on
the motion to postpone. The applicant had asked, they are not in town and
have not been in town and had contacted me to say that they would like the
chance to speak to the Council. As I explained to them, it might all be for
naught but I would certainly give into consideration that they were
(inaudible). So if we could get that little bit of extra time for them to
get a chance to talk to us that they had asked for.
Councilman Spigener: Councilman Carmody, since we have a motion then to
postpone and we have a second. Councilman Shyne, I assume you do not want to
withdraw your motion then to postpone? Councilman Shyne: Madame Chairman, I
do not but I do want the Council to know that I am very elated to be a part
of so much love up here; I mean, I’ve never seen this. I mean this is
tremendous.
Councilman Spigener: We appreciate that as we move forward.
Councilman Burrell: Madame Chair, out of all due respect to the Chair and
to my fellow Council members, it has only come to my attention the reason
why Councilman Shyne and Councilman Carmody is discussing this issue. I wasn’t
sure on yesterday when we discussed it, why. But I didn’t know there was
some question on this location here from Councilman Carmody. I knew why it
was from Councilman Shyne because he did know which district he was in. I’m
just trying to clarify because I was a little confused as to why the
dialogue was going on there and I wasn’t included, since it was in my
Council District, but now we have made it clear where the location is. If
there is any reason that you want it postponed, then I don’t have a
problem with that, but I wasn’t sure why it should be postponed after I
talked to Mr. Kirkland on the issue.
Councilman Spigener: Councilman Burrell, it appears that Councilman
Carmody, obviously has contact with the constituent that is concerned, so I
guess that you and Councilman Shyne, just can settle your own differences
outside the meeting since Councilman Carmody is coming to the scene.
Councilman Shyne: I want to make this plain that, Councilman Burrell and
I have no differences at all; only love for one another. We can move on from
here.
Councilman Spigener: Okay, thank you Councilman because we do need to
take care of the business of the City and not our personal feelings toward
each other.
Councilman Burrell: Let me make a final clarification that, the customer
or the person who is requesting this change in my Council District has been
in contact with Councilman Carmody and not myself on the issue and this is
why he related to you that he want to postpone it? Councilman Carmody: Yes,
sir. To clarify, the applicant, I believe received a letter from
Metropolitan Planning Commission addressed to Councilman Shyne as if this
case were in his district. And therefore, I believe the applicant had
related some mis-information to me, that indeed this application fell within
this district and that he would not be in town and had asked the courtesy of
postponement for 2 weeks to allow him to come back and speak to the Council
representative which I will instruct him is, yourself.
Councilman Spigener: Gentlemen, now that we’ve thoroughly investigated
this situation to determine how so many of you have been involved.
Motion to postpone approved by the following: Councilmen Huckaby, Stewart,
Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
REPORTS FROM OFFICERS, BOARDS AND COMMITTEES.
1. Audit and Finance Committee Report. Councilman Burrell: I believe
it was on last meeting that I had informed the Council that we would have a
report coming forth from the Audit and Finance Committee, not from me as the
Chairman but from the committee as a whole. I wanted to present that at this
time.
Given the press that was put in the paper several weeks ago dealing with the
audit of the Shreveport-Bossier Convention and Tourism Bureau, I thought we try
to get this matter resolved because there was a question of whether or not the
state should audit the Bureau or well, does the responsibility of auditing this
organization fall with the state or does it fall with the city. During this
process, there was some requests made by the Tourism Bureau through their
attorney, Charles Grubb to try to clear this matter up.
As the Audit and Finance Committee, we had to address this situation. In so
doing, there was correspondence that went back between the attorney for the
Shreveport-Bossier Convention and Tourism Commission/Bureau and the Shreveport
Audit and Finance Committee. As a result, the Committee decided, the A & F
Committee decided and I’d like to read these in the record:
The Committee decided issues which dealt with the role of the Internal Audit
Office in regard to the current audit of the Shreveport-Bossier Convention and
Tourism Bureau and sought legal clarification from the State Attorney General’s
Office as to the right of the Shreveport Audit and Finance group to audit it.
The Committee unanimously approved a motion to clarify the role of the Internal
Audit Office and its relationship with the state legislative auditor’s office
in regard to the audit of the Shreveport-Bossier Convention and Tourism Bureau.
The Internal Audit role would be to provide the legislative auditor access to
any completed work papers and take no further auditing action at this time,
unless, the legislative auditor request the assistance of personnel from our
Audit office.
The Committee unanimously approved a motion to direct the City Attorney’s
Office, Julie Glass, to submit a letter to the state Attorney General to include
additional legal considerations on behalf of the Internal Auditor and the City
Council of the city of Shreveport relative to the request for an official
opinion requested by the Shreveport-Bossier Convention and Tourism Commission’s
Attorney Charles Grubb.
This action will clarify whether the City of Shreveport has a right to audit
the books and records of the Shreveport-Bossier Convention and Tourism Bureau
since the Bureau was only incorporated as a private corporation, non-profit
corporation in June, 1999. The identities of the Commission and the Bureau until
that time and even now are so commingled and interrelated to be
indistinguishable in any reasonable manner.
Those statements are the statements that was rendered by the Audit and
Finance Committee and it was done as a committee as a whole and not from any one
of our prospective a you know.
The Audit and Finance Committee for the City of Shreveport consist of 3
Council members at this time and that is myself as Chair, Councilwoman Spigener
and Councilman Carmody. And this is the ruling that we have made at that time,
that we would take no further action and turn the information over to the state
legislative auditors. If the legislative auditor ask our audit group for
assistance, then we will then decide whether or not we will give them
assistance.
But I have a further note that a letter is forthcoming or should be forth
coming from the attorney of the Shreveport-Bossier Convention and Tourism Bureau
to ask our staff not to be involved with the state legislative auditor’ work,
so it is my understanding that that is forthcoming; that pretty well ends that
report.
I may need to engage our Clerk of Council on this. Have we received a letter
yet stating whether or not a request will be sent to the Ethics Board to see
whether or not a public official can request funds from a non-profit.. And, I’m
stating that publicly simply because, many of us as public officials are asked
by many non-profits to sit on their board and I assure you they don’t ask you
to sit on there for your good looks. They ask you to sit there so that you can
facilitate things for them, also to raise funds. If it is found by the Ethics
Board that we can not, I think it would be to the benefit of this Council as a
whole and other public officials, that some ruling be made that we do not serve
on any non-profit boards, if it is unethical to do so. Mr. Thompson: I don’t
believe that that request has been made from either, any organizations
associated with the Council or the Council or the Tourist Bureau or Commission,
at this time. I believe Mr. Grubb wrote a letter stating that he would not ask
for any kind of an ethics opinion at this time, if the city of Shreveport was
not going to be involved in this audit and that letter was directed to the state
legislative auditor. Councilman Burrell: I wanted to get that out as a
clarification because I know I sit on at least 10 or 12 non-profit boards and I’m
sure many of you have been asked or maybe even sit on those boards, so it would
be to our benefit to know that information.
2. Public Building Rental Fee Committee Report: Councilman Carmody: I
would ask at this time for Gary Norman to come forward and give us his report.
As all of the Council members are aware our committee has been looking into the
fee schedules charged for the use of municipal buildings. In asking for
particular information, Gary Norman and his department had to come back to us
and said, if we are going to address this matter, now might be the appropriate
time to make some corrections and amendments to our existing fee schedule across
the board. At this point, Gary if you could elaborate on what we have come up
with and where we are trying to go.
Mr. Norman: We appreciate Council letting us have this opportunity to work
with this committee in trying to come up with some equitable agreement to better
our fee structure and for the use of our buildings and also, like Councilman
Carmody said, we did use this as an opportunity to try to clean up some of the
other fee situations that we got and to clear up our ordinances. I think if we
look back, it had not been revised in the last 7 to 10 years, so we use this as
an opportunity to eliminate a lot of those things in the ordinance that were no
longer in effect, such as rental of equipment that no longer exist any more and
services and all and well as add some additional things that we do have now such
as Festival Plaza and some other locations that we have relative to (inaudible).
You have the ordinance before you that is being proposed. In addition to that
ordinance, what Mr. Thompson just passed out to you in front of you that has a
chart that has some highlighted areas that will identify the changes that we are
proposing in this particular ordinance. You notice, we have the description as
it is listed, everything that is listed in the fee ordinance on the first
column, the current fee that is in place, and then the proposed fee, and then
that have changed have been highlighted and then we have the justification for
why we are wanting to do the particular change in the righthand column. I’m
not going to spend a lot time going over the changes other than those that we
have talked about related to the building fees unless you have specific
questions and I do have some of my staff here that has worked on me on this, if
you have any specific questions about any of the other fees.
Two different areas that we looked at primarily in the area of building fees
and if you’ll flip over and I’ll apologize for not having the pages number
but it is back over a little past half way in the chart we deal with the
Exposition Hall rentals which is the start of the fees related to rental of
public buildings. What we looked at, if you remember we handed out some
information that was relative to the expenses of doing business in these
facilities and we first of all try to see what it cost us to do business in the
facilities and it was very evident that the cost of doing business in the
facilities was considerable higher than what the fees already were. So, we weren’t
going to be able to establish fees based on the actual expense, although we do
understand that there are considerable other benefits to having events in our
facilities other than just the cost of rent that we receive.
One of the major considerations of Expo Hall, is that that was one of the
facilities that we don’t have a non-profit rate in, so, we established a
non-profit rate. We also established this particular non-profit rate to include
religious organizations. What we decided on was arbitrarily, was a fee that
would be exactly one-half of what the normal rental rate would be so we are
talking about as an example, the one bay for Expo Hall regular rental rate is
$850, to establish a non-profit rate of $425 which is half of the rental rate.
If you’ll notice on the next page, that we highlighted also the other rates
relative to that for 2 bays, 3 bays. You will notice 3 bays is $2,100 is the
regular rate, $1,050 would be the non-profit rate. Councilman Spigener: May we
stop you just a minute, you lost us a long time ago (at least Councilman Burrell
and me). We are still looking for Expo Hall. Can you kind of tell us how many
pages it is from where. Councilman Carmody: It is the 9th page from
the back.
Mr. Norman: Expo Hall would be the one highlighted at the bottom of the page.
Councilman Spigener: We have it now.
Councilman Carmody: Gary, at this point if I could interject. What we have
tried to do as a committee was to recognize the quality and the value that these
different organizations bring to our community, that they all serve a public
function and create a greater good for our community.
By reducing the rate by one-half and correct me if I’m wrong Mr. Norman,
but we are not going to cover our costs to operate these buildings. But what we
will do is create a level playing field for both religious organizations and
those non-private organizations who which to utilize this facility. We will also
be able to recognize the value that each one of them brings without them having
to know someone to come into contact with a Council person to ask for the fee
waivers. It appears and I think that is evident in one of our first discussions
was that there are some times that people approach the city to utilize municipal
buildings and it is almost a situation where you feel upset about having to
charge them because normally they would have gone to somebody to seek a waiver
and it is almost unfair. This in essence would put everybody in the same
position where indeed the city is not covering the cost to operate the facility
but we would be charging everyone a fair rate, so that they would have the
ability to utilize the facility.
One of the other critiques that I had from a constituent that was asking
about using our facilities was that they said that there were so many other type
of additional costs that were tacked on that they were unaware of, and if you’ll
notice in the fee schedule with the proposed reductions that Gary has brought to
us today, they’ve eliminated those fees as well. So it should be a lot
simpler. It should be more conducive for people to walk in to know what the cost
is and it should be very reasonable for everyone to be able to utilize the
facilities.
Mr. Norman: That’s correct. Two of the major areas that are expenses to
users of our facility is the area of rental, obviously but also even a greater
expense in a lot of instances is just the cost of the percentage for the
catering in the building. And that was also another area that we looked at very
carefully and what we are proposing which had not been there in the past which
would be an additional reduction to the fee is the half of the fee which goes to
the City, so instead of them paying in most cases a 20% fee as a non-profit,
they would only be charged a 10% which would cover the portion of the fee that
would go to our contract caterer.
Councilman Carmody: . . . it looks as if everything has been reduced with the
exception of contesting, I guess, rulings on different games. This is the only
thing that I have seen that has gone up from $5 to $25 dollars. Mr. Norman: We
have at protest fee for events in SPAR, if somebody wants to protest a game that
we have raised from $10 to $25 just in order to make sure that they were really
about wanting to protest it. It is a refundable fee if the protest is upheld
then they get their fee back.
Councilman Shyne: Is that the Roy Burrell rule, that I’ve heard about? Mr.
Norman: I believe it is.
Councilman Spigener: As a member of that committee, we did give a great deal
of thought. Waiving fees has been a real concern of my since I been on the
Council for about 5 years. As Councilman Carmody said, so many fees were waived,
that those people that did not ask for a fee waiver, you almost felt guilty
about charging them. I believe, Council members that we have worked on a fee
schedule here with Gary’s department that will be fair to non-profits. I
believe that we will be in a position that fees will not need to be waived
because they have already been waived for non-profits as far as, it appears to
me. We’ve been waiving a lot of fees. We need to at least be sure we have some
money to cover some of the costs of operating these buildings and I believe that
this is very fair. I believe that when the constituents come to us and says,
will you waive the fees, that we can in all honesty and earnestness say, we’ve
already waived the fees. They’ve been cut down to a bare minimum for not even
covering costs and this would be something that we won’t have to be taking
care of on an individual basis because I think we covered this, to be very fair
equitable to everyone involved.
Councilman Burrell: I haven’t had an opportunity to really go through this
and view it from many different perspective but one thing I do know that
normally the citizens when they come and the fees are given to them, they will
have input at that time. And I hope this schedule is not so inflexible, that it
will not give us as Council members an opportunity to get with Gary if their
concerns are legitimate that we may look at some of them and change them if need
be, if it proves out that it may have been something that we overlooked. In
other words, not to have it so etched in stone that it doesn’t give us any
flexibility to work with this on a going forward basis. In other words, a living
document more so than something that is etched in stone. Would that be a fair
assessment? Mr. Norman: Mr. Thompson might want to speak to the part on the fee
waiver itself.
Mr. Thompson: I think you mean whether or not the fees themselves are fair.
The Council can always come back and amend the schedule.
Councilman Shyne: Gary, I want to commend you and your staff for putting
together a very thorough document. I too, I feel like my colleague, the
Honorably Roy Burrell, that there are times when we do need to show some
compassion and some understanding. I happen to be one of those persons in this
society that if it was not for compassion and feel, even a little mercy from
time-to-time, I might not would have been able to make it. So, I say that to say
this, that I would hope as a Council body, we would not make it so rigid. We
would not make so that we would take out the opportunity of a Council showing
some mercy and some compassion from time-to-time to those groups that just might
not be able and there are times as a municipality when we might need to step up
and take responsibility for the expense because the activity or the
organization, their worth of it, the good in it, we might not be able to put a
dollar sign to it. I realize that we leave in a capitalistic society and we live
by the golden rule: those who have the gold, make the rule. But I would like to
see us be flexible enough so that we could make some exceptions from
time-to-time to those groups that actually need to have even 100% fee waiver.
But, I do want to commend you for doing an excellent job in getting report out
and I want to commend the committee, and I believe that Committee Chairman is
the Honorable Tom Carmody. Tom, you all have done an excellent job.
Councilman Carmody: Thank you for appointing me sir. I appreciate that sir, I
really do because we have put a lot of work into this with the intent from the
very beginning of doing what was fair and right for all the citizens of this
community and to work to what was the best benefit of all the citizens. I think
that we will come back and ask the Council to look at the ability to waive some
fees as Gary had mentioned, a portion, the City’s portion of the catering fees
which can be substantial and in this case, would probably likely be more than
what our proposed changes of half of the regular schedule would be. So that will
be quite substantially and that will certainly will help those who could not
afford to do it.
Councilman Shyne: I appreciate the response of the Mayor who did not want to
put in the middle of this. Because from time-to-time, Mr. Mayor, you understand
having served on the Council that the fee waiving can be a hot issue. Some times
they turn out to be a hot political issue and I don’t think it is fair to have
one individual in the middle of it.
Councilman Spigener: And I think that is kind of what we were trying to
prevent exactly with this new schedule that we are working on.
Councilman Serio: Some how or another we just took one step forward and two
steps back. If you have with the list that we got here for fee proposals and if
we abide by this list of fee proposals, for all organizations but then we also
open the door for deferrals of the fees, we are right back where we started from
because every 501-C(3) thinks that if one 501(C)-3 got a deferral, then they
should as well. I don’t know–we are going to have to make up our minds
whether or not you are going to abide by this schedule or just eliminate it
completely because if you are going to defer for one 501(c)-3, everyone in the
city is going to think that they deserve the same thing. So either, we are going
to have to have a piece of legislation that is binding and that the Council must
stick by or otherwise you have the same thing that you have now and I know that
you all put a lot of work into. But if we continue on, we will not have another
piece of legislation any better than what we currently have.
Councilman Carmody: Councilman Serio, I want to clarify this with Gary. What
this would be a set of the fee schedule for the use of the facility; that part
would not be waived. Mr. Norman: Correct. Councilman Carmody: What we would do,
we would come back and give the ability for the Council to waive the city’s
portion of the catering fee for those users; so that would be something that we
could do and I would ask the Clerk to. . . Mr. Thompson: It is my understanding
that the catering fee is set at ½ for non-profits, ½ of the regular fee so the
Council would not be involved in waiving those fees either.
Mr. Norman: It is already set at 50% of the rate for a for-profit business.
Mr. Thompson: Mr. Serio, that part of this that tries to address your issue
is, the ordinance that was introduced on today I believe by Mr. Carmody which
says that in order to waive the fees, you must have a unanimous vote of the
Council to do so. Which means that ever member of the Council would have to vote
yes in order to waive any fees rather than a majority vote, if that is adopted
and if that is what the Council wants to do.
The second part of it is, there will be a rule introduced, I believe by Mr.
Carmody at the next meeting, a rule change which says that the clerk can no
longer put fee waiver resolutions on the agenda. It must be done at work session
by a Council member and voted on by the Council members at that time. So, all of
these measures to make it more difficult to waive fees than it is now.
Councilman Spigener: Mr. Thompson, I appreciate you bringing that up because
Ordinance No. 94, part B says, the portion of this says that: Fees may be
wavered in extraordinary (and we need to underline extraordinary)
situations when authorized by Constitution and other applicable law and when
approved unanimously by the Council by resolution. And in our discussions, we
realize that there will be certain circumstances that we will have with very
large groups, this kind of thing, that will certainly be beneficially to all
areas of the city that we may want to look at and that’s the reason we, I
believe if I’m not speaking for Councilman Carmody, that we decided to word it
this way and this will, I believe take the pressure off of us as individual
Council members that if we do bring something and the rest of the Council
members do not think that this is what needs to be done, but then the Council as
a whole can take care of that. But in looking at the fees that we waive and then
the fees that are waived by our neighbors across the river, it is amazing and I
think we’ve got to get a handle on this and I believe that this is the fair
and equitable way of doing things.
Councilman Carmody: Has the Administration had a chance to take a look at the
fee waives that are proposed? Mayor Hightower: Yes. Councilman Carmody: Do ya’ll
have any thoughts on those? Mayor Hightower: We are in concurrence, we think ya’ll
did a good job.
CLERK’S REPORT.
COMMUNICATIONS AND MISCELLANEOUS MATTERS.
The Council resolved itself into Committee of the Whole on motion by
Councilman Shyne, seconded by Councilman Serio. Motion approved by the following
vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and
Burrell. 7. Nays: None.
Motion by Councilman Burrell, seconded by Councilman Serio that the Committee
Rises and Report and convene itself as the Council. Motion approved by the
following vote: Ayes: Councilmen Huckaby, Carmody, Serio, Spigener, Shyne and
Burrell. 6. Out of Chamber: Councilman Stewart. 1.
There being no further business to come before the Council, the meeting
adjourned at 5:20 p.m.
/s/Patricia G. Spigener, Chairman
/s/Arthur G. Thompson, Clerk of Council
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