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| 1234 TEXAS AVE. P.O. BOX 31109 SHREVEPORT, LOUISIANA 71130 | ||||||||
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COUNCIL PROCEEDINGS OF THE CITY OF SHREVEPORT, LOUISIANA The regular meeting of the City Council of the City of Shreveport, State of Louisiana, was called to order by Chairman Phil Serio at 3:12 p.m.,Tuesday, March 14, 2000, in the Council Chamber of City Hall, 1234 Texas Avenue. Invocation was given by Councilman Shyne. On roll call, the following members were present: Councilmen Huckaby (in Court, arrived at 3:45) Stewart, Carmody, Serio, Spigener, Shyne and Burrell (arrived at 3:30). 7. Absent: None. Motion by Councilman Shyne, seconded by Councilman Carmody for approval of the Summary Minutes of the Administrative Conference of February 7, 2000, the Minutes of the Regular Meeting of February 8, 2000, the Special Meeting of March 3, 2000 and the Agenda As Amended on March 13, 2000. Motion approved by the following vote: Councilmen Stewart, Carmody, Serio, Spigener, and Shyne. 5. Nays: None. Absent: Councilmen Huckaby and Burrell. 2. Awards, Recognition of Distinguished Guests and Communications of the Mayor Which Are Required by Law. Mayor Hightower: Most of you along with, I would assume most citizens in Shreveport, have received your census packet in the mail. You should have received something that looks like this if you got your short form or something like this that it is going to take you a little longer to fill it out. But regardless, everyone on the Council knows and has been gracious enough to get out in your districts and talk about the census and how important it is. I've cut t.v. commercials, radio spots which I think is unprecedented, I don't believe that, to my knowledge, that happened around the country before, but that shows how seriously that the leadership in the City of Shreveport is taking the census and how important it is to all of us to be sure that we get our numbers up to where they need to be and that we continue to encourage everyone to fill out the census form. So, I'd just ask the citizens that are tuned in to be sure and look for one of these two envelopes in the mail and be sure to fill them out, turn them back in, and be sure to list every single person that is in your household on these two forms that you may get. And if you don't do that, you may see someone on this podium knocking on your door to ask you to please fill it out and do your part and stand up and be counted and help our city. Councilman Carmody: I took me three minutes to do mine, Mr. Mayor. I did it this morning; three minutes. Councilman Shyne: I thought you had more kids than that, Tom. Councilman Carmody: Nah, (inaudible). Councilman Serio: Tom, the important question is, did you mail it back. Councilman Carmody: As a matter of fact, it is in the mail. Mayor Hightower: Postage paid, so it'll cost you nothing. Councilman Carmody: Postage paid, Southfield Station; ready to roll. Mayor Hightower: Three minutes and get going. Public Hearing: None. Adding Legislation to the Agenda: Motion by Councilman Shyne to suspend the rules to add legislation to the agenda, seconded by Councilman Spigener. The Council added 1) Resolution No. 55 of 2000 by Councilman Serio; 2) Ordinance No. 40 of 2000; 3) Ordinance No. 41 of 2000 and 4) Ordinance No. 42 of 2000 (see titles under Introduction of Resolutions and Introduction of Ordinances). Motion approved by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, and Shyne. 5. Nays: None. Absent: Councilmen Huckaby and Burrell. 2. Confirmations and/or Appointments: Motion by Councilman Shyne, seconded by Councilman Burrell for confirmation of appointment to the 1) Shreveport Regional Sports Authority: Sandra Braddock and John O. Hayter, III. Motion approved by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 6. Absent: Councilman Huckaby. 1. Councilman Shyne: I would like to ask the Mayor if they are present, would you present these two distinguished individuals. Mayor Hightower: I don't believe either one is here today, Mr. Shyne. Motion by Councilman Carmody, seconded by Councilman Shyne for confirmation of appointment to the 2) Building Board of Appeals: Steve Brown (reappointment), Lauren F. Marchive III, AIA, and Cayce Hand. Motion approved by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 6. Absent: Councilman Huckaby. 1. Councilman Shyne: Mr. Mayor, are these two distinguished individuals in the house? Is that one that is sitting there by Mr. Sam Gilliam, the gentleman with the dark suit on? Mayor Hightower: Now he is on, what did we put you on, Leon? Councilman Shyne: Oh, that is Leon, isn't it. Leon, you look so distinguished. Leon I see you got a new tie on there. You must be getting some city contracts now, you sitting by Mr. Gilliam. (Mr. Wheeler's response inaudible.) The Council considered the CONSENT AGENDA legislation. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:
Motion by Councilman Burrell, seconded by Councilman Carmody for Introduction of the Resolutions on the Consent Agenda not to be adopted prior to March 28, 2000. Motion approved by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 6. Absent: Councilman Huckaby. 1. INTRODUCTION OF RESOLUTIONS:
INTRODUCTION OF ORDINANCES: None. ADOPTION OF RESOLUTIONS AND ORDINANCES ON CONSENT: Motion by Councilman Spigener. seconded by Councilman Burrell for Adoption of the Resolutions on the Consent Agenda. Motion approved by the following vote: Ayes: Councilmen Carmody, Serio, Spigener, Burrell and Shyne. 5. Nays: None. Did not cast a vote: Councilman Stewart. 1. Absent: Councilman Huckaby. 1. RESOLUTIONS: RESOLUTION NO. 36 OF 2000 A RESOLUTION AUTHORIZING THE EMPLOYMENT OF SPECIAL LEGAL COUNSEL TO REPRESENT THE CITY OF SHREVEPORT, AND OTHERWISE PROVIDING WITH RESPECT THERETO. WHEREAS, it is the desire of the City of Shreveport to retain the services of outside legal counsel to represent the interests of the City of Shreveport and its officers and employees in claims and lawsuits involving workers' compensation claims at a set hourly rate; WHEREAS, pursuant to Section 8.03 of the City Charter, the City Attorney recommends that RONALD LATTIER, Attorney at Law, be retained for the purpose of said representation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, regular and legal session convened that the mayor be and he is hereby authorized to execute, for and on behalf of the City of Shreveport, a retainer agreement with RONALD LATTIER, Attorney at Law, substantially in accordance with the terms and conditions of the draft thereof which was filed for public inspection, together with the original copy of this resolution in the office of the Clerk of Council on February 22, 2000. BE IT FURTHER RESOLVED that this contract shall be paid out of the general government legal expense fund. 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. 37 OF 2000 A RESOLUTION AUTHORIZING THE EMPLOYMENT OF SPECIAL LEGAL COUNSEL TO REPRESENT THE CITY OF SHREVEPORT, AND OTHERWISE PROVIDING WITH RESPECT THERETO.
WHEREAS, it is the desire of the City of Shreveport to retain the services of outside legal counsel to represent the interests of the City of Shreveport and its officers and employees in the lawsuit styled The Committee on Equity in Gaming and Tourism v. Mayor Keith Hightower, et al., Number 447,273; First Judicial District Court, Caddo Parish, Louisiana at a set hourly rate; WHEREAS, pursuant to Section 8.03 of the City Charter, the City Attorney recommends that RONALD LATTIER, Attorney at Law, be retained for the purpose of said representation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, regular and legal session convened that the mayor be and he is hereby authorized to execute, for and on behalf of the City of Shreveport, a retainer agreement with RONALD LATTIER, Attorney at Law, substantially in accordance with the terms and conditions of the draft thereof which was filed for public inspection, together with the original copy of this resolution in the office of the Clerk of Council on February 22, 2000. BE IT FURTHER RESOLVED that this contract shall be paid out of the general government legal expense fund. 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. A RESOLUTION AUTHORIZING BANNER SIGN & BARRICADE INC., LOCATED AT 703 AERO DRIVE, TO CONNECT TO THE SEWER SYSTEM OF THE CITY OF SHREVEPORT AND OTHERWISE PROVIDING WITH RESPECT THERETO. WHEREAS, Robert M. Bullock Jr., 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 Banner Sign & Barricade Inc., be authorized to connect the building located at 703 Aero Drive, to the sewer 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. A RESOLUTION AUTHORIZING PERRY A. & SARRAH ALLISON HAUGHTON MARTIN, LOCATED AT 9555 PLEASANT HILLS ROAD, TO CONNECT TO THE WATER SYSTEM OF THE CITY OF SHREVEPORT AND OTHERWISE PROVIDING WITH RESPECT THERETO. WHEREAS, Perry A. & Sarrah Allison Haughton Martin, 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 Perry A. & Sarrah Allison Haughton Martin, be authorized to connect the building located at 9555 Pleasant Hills Road, 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.
A RESOLUTION AUTHORIZING WINDSON VILLAGE APARTMENTS, LOCATED AT 1920 N. HEARNE AVE., TO CONNECT TO THE WATER & SEWER SYSTEM OF THE CITY OF SHREVEPORT AND OTHERWISE PROVIDING WITH RESPECT THERETO. WHEREAS, James C. Howell Jr., 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 Windsor Village Apartments, be authorized to connect the building located at 1920 N. Hearne Ave, to the water and sewer 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. ORDINANCES: None. REGULAR AGENDA LEGISLATION: RESOLUTIONS ON SECOND READING AND FINAL PASSAGE OR WHICH REQUIRES ONLY ONE READING: The Deputy Clerk read the resolution by title: Resolution No. 27 of 2000: A resolution authorizing the Mayor to execute a contract with Ogden Entertainment for Management, Operation, and Pre-opening Services for the proposed Shreveport Convention Center and related facilities and to otherwise provide with respect thereto. Read by title and as read motion by Councilman Shyne, seconded by Councilman Carmody for passage. The Deputy Clerk read the following amendment(s): Clerk's Note: Amendment No. 1 adopted at the February 22, 2000 meeting. Amendment No. 2: Amend the resolution as follows: On page 1 in the fourth line, after the word "facilities, delete the remainder of the paragraph and substitute the following:
substantially in accordance with the draft thereof filed in the Office of the Clerk of Council on March 14, 2000. Motion by Councilman Burrell, seconded by Councilman Carmody for adoption of Amendment No. 2. Motion approved by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Burrell and Shyne. 6. Nays: None. Absent: Councilman Huckaby. 1. Amendment No. 3: By: Councilman Carmody Amend the resolution as follows: On page 1 in the fourth line, after the word "facilities, delete the remainder of the paragraph and substitute the following: substantially in accordance with the draft thereof filed in the Office of the Clerk of Council on March 14, 2000, subject to the following limitations: a) said agreement shall be subject to approval by the City Attorney and the bond counsel representing the city in the sale of bonds for the proposed Shreveport Convention Center relative to all legal and tax issues. In the event the City Attorney and bond counsel do not approve said draft, any revisions to the agreement not substantially in accordance with the draft shall be subject to the approval of the City Council in the same manner as a new agreement. Motion by Councilman Burrell, seconded by Councilman Stewart for adoption of Amendment No. 3. Motion approved by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Burrell and Shyne. 6. Nays: None. Absent: Councilman Huckaby. 1. Amendment No. 4: By: Councilman Carmody Amend the resolution as follows: On page 1 in the fourth line, after the word "facilities, delete the remainder of the paragraph and substitute the following: substantially in accordance with the draft thereof filed in the Office of the Clerk of Council on March 14, 2000, subject to the following limitations: a) see Amendment No. 3, if adopted b) said draft shall be revised (including Section 12.1 to the extent necessary) to include a provision that whenever the agreement uses the term "City" in a provision requiring the consent or approval of the City, it shall mean the City Council, and the consent or approval shall be given by resolution of the City Council. Agreement sections covered by this provision include, but are not limited to: Section 2.1, 2.5, 2.8(a) - (d), 2.9(i), 3.7(a),(b), 3.13, 3.14, 3.15, 5.1, 5.2(a), (b), (c), (f), 5.8, 6.3, 6.4, 7.2, 7.3, Article 9 (all), and 11.1 Motion by Councilman Burrell, seconded by Councilman Spigener for adoption of Amendment No. 4. Motion approved by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Burrell and Shyne. 6. Nays: None. Absent: Councilman Huckaby. 1. Amendment No. 5:
Amend the resolution as follows: On page 1 in the fourth line, after the word "facilities, delete the remainder of the paragraph and substitute the following: substantially in accordance with the draft thereof filed in the Office of the Clerk of Council on March 14, 2000, subject to the following limitations: a) see Amendment No. 3, if adopted b) see Amendment No. 4, if adopted c) said draft shall be revised to include an audit clause as required by Section 26- 217 of the Code of Ordinances and to require Ogden to include said clause in contracts it enters into which may be assigned to the city at a future time. Motion by Councilman Carmody, seconded by Councilman Burrell for adoption of Amendment No. 5. Motion approved by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Burrell and Shyne. 6. Nays: None. Absent: Councilman Huckaby. 1. Motion by Councilman Burrell, seconded by Councilman Carmody for adoption of the resolution as amended. Motion approved by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Burrell and Shyne. 6. Nays: None. Absent: Councilman Huckaby. 1. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH OGDEN ENTERTAINMENT FOR MANAGEMENT, OPERATION, AND PRE-OPENING SERVICES FOR THE PROPOSED SHREVEPORT CONVENTION CENTER AND RELATED FACILITIES AND TO OTHERWISE PROVIDE WITH RESPECT THERETO. WHEREAS, the City of Shreveport has solicited requests for proposals for the management, operation, and pre-opening services for the proposed Shreveport Convention Center (RFP #99-818); and WHEREAS, after review and evaluation of all the proposals submitted in response to the City's request, the City desires to contract with Ogden Entertainment to provide the services requested in RFP #99-818. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shreveport in due, regular and legal session convened, that the Mayor of the City of Shreveport is authorized to execute a contract with Ogden Entertainment for management, operation, and pre-opening services for the proposed Shreveport Convention Center and related facilities substantially in accordance with the draft thereof filed in the Office of the Clerk of Council on March 14, 2000, subject to the following limitations: a) said agreement shall be subject to approval by the City Attorney and the bond counsel representing the city in the sale of bonds for the proposed Shreveport Convention Center relative to all legal and tax issues. In the event the City Attorney and bond counsel do not approve said draft, any revisions to the agreement not substantially in accordance with the draft shall be subject to the approval of the City Council in the same manner as a new agreement. b) said draft shall be revised (including Section 12.1 to the extent necessary) to include a provision that whenever the agreement uses the term "City" in a provision requiring the consent or approval of the City, it shall mean the City Council, and the consent or approval shall be given by resolution of the City Council. Agreement sections covered by this provision include, but are not limited to: Section 2.1, 2.5, 2.8(a) - (d), 2.9(i), 3.7(a),(b), 3.13, 3.14, 3.15, 5.1, 5.2(a), (b), (c), (f), 5.8, 6.3, 6.4, 7.2, 7.3, Article 9 (all), and 11.1 c) said draft shall be revised to include an audit clause as required by Section 26- 217 of the Code of Ordinances and to require Ogden to include said clause in contracts it enters into which may be assigned to the city at a future time. 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 STATING CITY OF SHREVEPORT'S ENDORSEMENT OF THE MOTEL CALIFORNIA TO PARTICIPATE IN THE BENEFITS OF THE LOUISIANA ENTERPRISE ZONE PROGRAM AND TO OTHERWISE PROVIDE WITH RESPECT THERETO. WHEREAS, the Louisiana Enterprise Zone Act of 901 of 1981, Act 337 of 1982, Act 433 of 1987, Act 1024 of 1992, Act 581 of 1995, Act 624 of 1997, and Act 997 of 1999; WHEREAS, the Louisiana Enterprise Zone Program offers significant incentives for economic development to some of the most distressed areas in parish, and WHEREAS, THE MOTEL CALIFORNIA is located in Census Tract 243.02 Block Group 2, which is a designated Enterprise Zone, and WHEREAS, said business will employ a minimum of 35% of its employees from the distressed groups targeted by the Enterprise Zone, and WHEREAS, the City of Shreveport states this endorsement is in agreement with the Overall Economic Development Plan for the City of Shreveport, and WHEREAS, the attached Enterprise Zone map is marked showing the location of the business being endorsed, and WHEREAS, in accordance with the Louisiana Enterprise Zone Program requirements the City of Shreveport agrees: 1. To participate in the Enterprise Zone Program 2. To assist the Department in evaluating progress made in any Enterprise Zone within its jurisdiction 3. To REBATE all applicable* local sales / use taxes on the purchase of eligible construction materials, machinery, and equipment purchased for this project and used by a business permanently on that site.
*Application sales taxes are defined as all local sales taxes EXCEPT those that are dedicated to the repayment of a Bond issue or dedicated to ANY school. NOW THEREFORE BE IT RESOLVED by the City of Shreveport, in due, regular, and legal session that THE MOTEL CALIFORNIA and their project THE MOTEL CALIFORNIA RESTORATION PROJECT , Enterprise Zone Application # 19990565, is endorsed to participate in the Louisiana Enterprise Zone Program. 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 Shyne passed by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 6. Absent: Councilman Huckaby. 1. The Deputy Clerk read the resolution by title: Resolution No. 46 of 2000 by Councilman Carmody: A resolution amending the City Council Rules of Procedure by adding Section 15 relative to Building Fee Waivers and otherwise providing with respect thereto. Read by title and as read motion by Councilman Shyne, seconded by Councilman Stewart for passage. The Deputy Clerk read the following amendment: Amendment No. 1: By: Councilman Shyne
Amend the resolution as follows: Delete paragraph 15.1(c), and amend paragraph 15.2 to read as follows: 15.2 The clerk of council shall, upon receipt of a letter as described in Section 15.1(a), forward a copy of the letter to the City Attorney with a request for an opinion. After receipt of the opinion, he shall place the item on the City Council agenda unless the request has been withdrawn. Motion by Councilman Shyne, seconded by Councilman Stewart for adoption of the amendment. Councilman Burrell: The discussion on yesterday, did we still try to keep that on there that the Mayor need to be involved in this and if so, then why? I don't know if we resolved that on yesterday? Ms. Glass: The question was whether, that is what this amendment does is, it deletes the requirement for the Mayor to state his opposition. Councilman Burrell: I know Mr. Huckaby had discussed that at length and I know Mr. Carmody had and Councilman Shyne and I didn't get, for a clarification, as to whether or not they were leaving it on there or off; no problem. Councilman Shyne: If I'm not mistaken, I believe that this is what this amendment does isn't it, if I can read and interpret what I'm reading. Ms. Glass: That's right. Councilman Shyne: And that was the reason why I asked for this amendment, so that we would not have the Mayor included in this. I, personally, since we get personal sometimes Mr. Mayor, personally feel like that you are involved in enough things already. Councilman Burrell: I agree. Councilman Shyne: I felt like that, personally, we need to keep you out of this. Mayor Hightower: Thank you, sir. Councilman Shyne: Generally, my decisions are made strictly from a professional standpoint, Mr. Hall, but this time I'm going to let my personal feelings get involved here. Motion approved by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 6. Absent: Councilman Huckaby. 1. Motion by Councilman Carmody, seconded by Councilman Burrell for adoption of the resolution as amended. Motion approved by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 6. Absent: Councilman Huckaby. 1. A RESOLUTION AMENDING THE CITY COUNCIL RULES OF PROCEDURE BY ADDING SECTION 15 RELATIVE TO BUILDING FEE WAIVERS AND OTHERWISE PROVIDING WITH RESPECT THERETO. By: Councilman Carmody BE IT RESOLVED by the City Council of the City of Shreveport in due, legal and regular session convened that Section 15 of the City Council Rules of Procedure is hereby enacted to read as follows: Section 15. Building Fee Waivers 15.1 The clerk of council shall not place any ordinance or resolution providing for the waiver of fees for the rental of public buildings or property on the agenda and the council shall not act on such items unless the following documents have been filed with the clerk of council: (a) A letter from the organization requesting the fee waiver which describes the purpose for which the building or property will be used and the reason the use meets a public purpose of the City of Shreveport and provides a benefit to the City commensurate in value with the amount of the fee waiver. (b) An opinion from the City Attorney or his designee as to whether the proposed fee waiver as described in said letter may be subject to being challenged based on the legal requirements of Article 7, Section 14 of the Louisiana Constitution relative to donations of public funds and the requirements of the First Amendment of the United States Constitution relative to separation of church and state. 15.2 The clerk of council shall, upon receipt of a letter as described in Section 15.1(a), forward a copy of the letter to the City Attorney with a request for an opinion. After receipt of the opinion, he shall place the item on the City Council agenda unless the request has been withdrawn. BE IT FURTHER RESOLVED that if any provision 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. A RESOLUTION CHANGING THE NAME OF THE OLD ORIGINAL PORTION OF FORD STREET THAT RUNS BETWEEN HEARNE AVENUE AND LA. HWY. 173 (THE NEW PORTION OF FORD STREET NEAR OREGON AVENUE) TO ERNEST B. MILLER DRIVE, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO. BE IT RESOLVED by the City Council of the City of Shreveport, in due, legal, and regular session convened, that the old original portion of Ford Street that runs between Hearne Avenue and La. Hwy. 173 (the new portion of Ford Street near Oregon Avenue) in the NW/4 of Section 35 (T18N-R14W), Caddo Parish, Louisiana, be and the same is hereby renamed and changed to Ernest B. Miller Drive, and as shown and indicated on the plat attached hereto and made a part hereof. BE IT FURTHER RESOLVED that to comply with LSAR.S. 18:201, a certified copy of this resolution to be furnished to the Registrar of Voters for Caddo Parish, Louisiana. BE IT FURTHER RESOLVED that a certified copy of this resolution be filed and recorded in the official records of the District Court of Caddo Parish, Louisiana. BE IT FURTHER RESOLVED that if any provision or item of this resolution or application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of the 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 ordinances or resolutions or parts thereof in conflict herewith are hereby declared severable and repealed. Read by title and as read motion Councilman Shyne, seconded by Councilman Burrell passed by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 6. Absent: Councilman Huckaby. 1. INTRODUCTION OF RESOLUTIONS: Mr. Thompson: No. 48, under Section B on the agenda, that needs to be removed from the agenda. It was inadvertently put on and that has already been adopted by the Council. 1. Resolution No. 48 of 2000: A resolution authorizing the Mayor to execution of an Act of Donation of its interest in certain property within the City of Shreveport to Sisters of Our Lady of Sorrows, Renzi Education and Arts Center and otherwise providing with respect thereto. Motion by Councilman Shyne, seconded by Councilman Stewart to remove the resolution from the agenda. Motion approved by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 6. Absent: Councilman Huckaby. 1. 2. Resolution No. 49 of 2000: A resolution authorizing the Mayor to execution of an Act of Donation of its interest in certain property within the City of Shreveport to Project Uplift and otherwise providing with respect thereto.
INTRODUCTION OF ORDINANCES: 1. Ordinance No. 36 of 2000: An ordinance to amend Section 24-42 of the Code of Ordinances relative to the Department of Community Development and to otherwise provide with respect thereto.
Read by title and as read motion by Councilman Shyne, seconded by Councilman Stewart for Introduction of the Resolutions and Ordinances to lay over until the March 28, 2000 meeting. Motion approved by the following vote: Ayes: Councilman Stewart. Carmody, Serio, Spigener, Burrell and Shyne. 6. Nays: None. Absent: Councilman Huckaby. 1. ORDINANCES ON SECOND READING AND FINAL PASSAGE:
Having passed first reading on January 25, 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 Shyne to postpone the ordinance until the March 28, 2000 meeting. Motion approved by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Huckaby. 1.
Having passed first reading on February 22, 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 Carmody for adoption. The Deputy Clerk read the following amendment: Amendment No. 1: Amend the ordinance as follows: In Program A (Buildings and Improvements): Decrease the appropriation for Stoner Avenue Environmental Cleanup (97-A002) by $225,000. Funding source is Riverfront Development. Increase the appropriation for Festival Site Development (98-A001) by $225,000. Funding source is Riverfront Development. Establish a project entitled Festival Plaza Depot (00-A003) and fund it at $325,000. Funding source is Riverfront Development. In Program C (Street Improvements):
Decrease the appropriation for CDBG Curbs and Gutters (92-C009) by $552,300. Funding source is Community Development Block Grant. Increase the appropriation for Bridge Replacement Program (96-C014) by $12,000. Funding source is 1996 GOB, Prop. 10 (Drainage). Establish a new project entitled East 84th Street Paving (00-C001) and fund it at $677,300 from Community Development Block Grant. In Program D (Drainage Improvements): Decrease the appropriation for Paved Drainage Ditch Repairs (96-D003) by $12,000. Funding source is 1996 GOB, Prop. 10 (Drainage). In Program E (Water Improvements): Increase the appropriation for Water Main Maintenance and Replacement (93-E005) by $15,000. Funding source is Water and Sewer Revenues. In Program F (Sewer Improvements): Increase the appropriation for SSO Abatement (98-F004) by $100,000. Funding source is Water and Sewer Revenues. Decrease the appropriation for Cedar Grove Force Main (99-F003) by $594,000. Funding source is 1991 A Utility Revenue Bonds. Decrease the appropriation for Emergency Sewer Main Repairs Project (99-F012) by $881,000. Funding source is Water and Sewer Revenues. Establish a new project entitled Wastewater Treatment Plant Expansion (00-F001) and fund it at $1,375,000. Funding sources are $781,000 from Water and Sewer Revenues and $594,000 from 1991 A Utility Revenue Bonds. In Program H (Airports Improvements): Increase the appropriation for Command Center Modifications - Regional Airport (99-H003) by $56,500. Funding sources are Federal Aviation Administration $46,300, State Grant $5,100 and Shreveport Airport Authority $5,100. Establish a project entitled ADA Lifts - Regional Airport )00-H001) and fund it at $88,000. Funding sources are Federal Aviation Administration $72,000, State Grant $8,000 and Shreveport Airport Authority $8,000. Motion by Councilman Burrell, seconded by Councilman Carmody for adoption of the amendment. Motion approved by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Huckaby. 1. Motion by Councilman Burrell, seconded by Councilman Shyne for adoption of the ordinance as amended. Motion approved by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Huckaby. 1.
Having passed first reading on February 22, 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: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Huckaby. 1.
Having passed first reading on February 22, 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 adopted by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Huckaby. 1.
Having passed first reading on February 22, 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: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Huckaby. 1.
Having passed first reading on February 22, 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 Burrell, seconded by Councilman Stewart adopted by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Huckaby. 1.
Having passed first reading on February 22, 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 Burrell, seconded by Councilman Carmody adopted by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Huckaby. 1.
Having passed first reading on February 22, 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 Burrell adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
Having passed first reading on February 22, 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 adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. The adopted Ordinances as amended follow: AN ORDINANCE AMENDING THE 2000 CAPITAL IMPROVEMENTS BUDGET AND OTHERWISE PROVIDING WITH RESPECT THERETO. WHEREAS, the City Charter provides for the amendment of any previously adopted budget; and WHEREAS, the City Council finds it appropriate to amend the 2000 Capital Improvements Budget at this time. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport, in legal session convened, that Ordinance No. 153 of 1999, the 2000 Capital Improvements Budget, as amended, is hereby amended as follows: Amend Section 1 (Appropriations) as follows: In Program A (Buildings and Improvements): Establish a project entitled Land Banking (00-A003) at $75,000. Funding source is Riverfront Development Fund. Decrease the appropriation for Stoner Avenue Environmental Cleanup (97-A002) by $225,000. Funding source is Riverfront Development. Increase the appropriation for Festival Site Development (98-A001) by $225,000. Funding source is Riverfront Development. Establish a project entitled Festival Plaza Depot (00-A003) and fund it at $325,000. Funding source is Riverfront Development. In Program C (Street Improvements): Increase the appropriation for Shreve Park Industrial Campus Roadways (95-C003) by $55,000. Funding source is 1996 GOB, Prop. 4 (Streets). Decrease the appropriation for Buncombe at West 70th Intersection (96-C019) by $55,000. Funding source is 1996 GOB, Prop. 4 (Streets). Decrease the appropriation for CDBG Curbs and Gutters (92-C009) by $552,300. Funding source is Community Development Block Grant. Increase the appropriation for Bridge Replacement Program (96-C014) by $12,000. Funding source is 1996 GOB, Prop. 10 (Drainage). Establish a new project entitled East 84th Street Paving (00-C001) and fund it at $677,300 from Community Development Block Grant. In Program D (Drainage Improvements): Decrease the appropriation for Paved Drainage Ditch Repairs (96-D003) by $12,000. Funding source is 1996 GOB, Prop. 10 (Drainage). In Program E (Water Improvements): Increase the appropriation for Water Main Maintenance and Replacement (93-E005) by $15,000. Funding source is Water and Sewer Revenues. In Program F (Sewer Improvements): Increase the appropriation for SSO Abatement (98-F004) by $100,000. Funding source is Water and Sewer Revenues. Decrease the appropriation for Cedar Grove Force Main (99-F003) by $594,000. Funding source is 1991 A Utility Revenue Bonds. Decrease the appropriation for Emergency Sewer Main Repairs Project (99-F012) by $881,000. Funding source is Water and Sewer Revenues. Establish a new project entitled Wastewater Treatment Plant Expansion (00-F001) and fund it at $1,375,000. Funding sources are $781,000 from Water and Sewer Revenues and $594,000 from 1991 A Utility Revenue Bonds. In Program H (Airports Improvements): Increase the appropriation for Command Center Modifications - Regional Airport (99-H003) by $56,500. Funding sources are Federal Aviation Administration $46,300, State Grant $5,100 and Shreveport Airport Authority $5,100. Establish a project entitled ADA Lifts - Regional Airport )00-H001) and fund it at $88,000. Funding sources are Federal Aviation Administration $72,000, State Grant $8,000 and Shreveport Airport Authority $8,000. BE IT FURTHER ORDAINED that Sections 2, 3, and 4 of Ordinance 153 of 1999 shall remain in full force and effect without change. 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 to be severable. BE IT FURTHER ORDAINED that all ordinances in conflict herewith are hereby repealed. s/Phil Serio, Chairman /s/Arthur G. Thompson, Clerk of Council AN ORDINANCE TO AMEND AND REENACT CHAPTER 66 OF THE CODE OF ORDINANCES OF THE CITY OF SHREVEPORT RELATIVE TO BENEFITS AND RETIREMENT 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 66-81 (a) and 66-82 (a), (b) and (c) of the Code of Ordinances are hereby amended and reenacted to read as follows: Sec. 66-81 Generally. (a) The membership of the retirement system shall consist of the following: (1) Any person, other than an employee of the police and fire departments who is eligible for membership in the police and firefighter state retirement system, who becomes a full time classified employee of the city on or after the date the retirement system becomes operative, shall become a member of the retirement system as a condition of his employment. (4) Those noncity employees by the following organizations: a. The parish library; b. Caddo-Shreveport sales and use tax commission; c. Metropolitan planning commission; d. Such other noncity employees as recommended by the board of trustees and approved by the city council by ordinance. Sec. 66-82 Optional membership. (a) Membership in the retirement system shall be optional with full time, unclassified officials of the city and the mayor. They may become members by making an application within 30 days after their election, appointment or hire date. (b) Once made, an application for membership in the retirement system will be irrevocable with respect to the individuals affected by this section. Failure to apply for membership within the prescribed period will be deemed an election to forego membership in the retirement system, and such deemed election will be irrevocable with respect to individuals affected by this section. Individuals described in this section who took office or were employed prior to November 1, 1991, will be required to make a one-time irrevocable election to retirement system. This election must be made by December 31, 1991. (c) Individuals described in this section who, subsequent to an irrevocable election, fall into a classification described under section 66-81 shall remain members of the original election. Individuals described in section 66-81 who subsequently fall into a classification described under this section will be subject to the provisions of this section as of the date of the change in classification. (d) The board shall give all current employees who are working on a permanent, part-time basis until April 1, 1983, to make application for membership in the system. All current permanent, part-time employees who began their employment with the city as permanent, part-time employee who began their employment with the city as permanent, full-time employees and who wish to obtain credit for prior years' part-time and/or full-time service may buy that time back to the date of original hire by paying an amount equal to the amount they would have contributed to the system had they continued as members thereof, and the city's matching contribution shall be charged to the appropriated departmental budget. 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/Phil Serio, Chairman, Chairman /s/Arthur G. Thompson, Clerk of Council AN ORDINANCE TO REPEAL CHAPTER 18 SECTIONS 18-144, 18-145 AND 18-146 OF THE CODE OF ORDINANCES OF THE CITY OF SHREVEPORT, AND OTHERWISE PROVIDED WITH RESPECT THERETO. WHEREAS, the Shreveport Airport Authority ("Authority") has jurisdiction over and administrative control of the Shreveport Regional and Downtown Airports; and WHEREAS, the Authority can set rates and charges pursuant to Section 18-33 of the Code of Ordinances of the City of Shreveport; and WHEREAS, the Authority can recommend to the Mayor to take before the City Council the request to repeal the designated ordinances; and WHEREAS, the Shreveport Airport Authority has determined that Sections 18-144, Passenger Loading Zone; 18-145, Limousine Loading Zone; and 18-146, Taxi Loading Zone are outdated; and WHEREAS, the Airport Authority is charged with the management of Shreveport Regional and Downtown Airports and enforcing regulations and ordinances pertinent to the airport and a review of the ordinances has been made with the recommendation to repeal the outdated ordinances; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport in due, legal, and regular session convened, that Sections 18-144, 18-145, and 18-146 of the Code of Ordinances of the City of Shreveport are hereby repealed to read as follows: Section 18-144 Repealed Section 18-145 Repealed Section 18-146 Repealed 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 provision, 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 RESOLVED that all Ordinances or parts thereof in conflict herewith are hereby repealed. s/Phil Serio, Chairman, Chairman /s/Arthur G. Thompson, Clerk of Council AN ORDINANCE TO AMEND CHAPTER 82 OF THE CODE OF ORDINANCES, AS AMENDED, THE CITY OF SHREVEPORT SUBDIVISION ORDINANCE, BY AMENDING SECTION 82-26 TO MODIFY THE DEFINITION OF THE TERM "SUBDIVISION" TO BE MORE CONSISTENT WITH STATE LEGISLATION, AND BY OTHERWISE PROVIDING WITH RESPECT THERETO BE IT ORDAINED by the City Council of the City of Shreveport, Louisiana, in due, legal and regular session convened, that Section 82-26 of Chapter 82 of the Code of Ordinances, as amended, the City of Shreveport Subdivision Ordinance, is hereby amended and reenacted by amending the definition of the term "subdivision" to read as follows: "Subdivision means the division of a lot, a tract, or a parcel of land or a portion thereof, into two or more lots, sites, or other divisions, any one or more of which is to be platted as a lot of record for the purpose, whether immediate or future, of sale or building development, and includes resubdivision, or the consolidation of multiple lots or tracts or portions thereof into single lots or a fewer number of lots, and, when appropriate to the context, relates to the process of subdividing, as to the land or area subdivided. Subdivisions shall be classified as follows: (1) Major subdivision means any subdivision not classified as a minor subdivision, including but not limited to subdivisions of six or more lots, or any size subdivision requiring the creation of any new street. (1) Minor subdivision means any subdivision creating five (5) or fewer lots fronting on an existing street, not involving the creation of any new street, and not in conflict with any provision or portion of the master plan, official map, chapter 106 or this chapter. (3) Exempt subdivisions include the following: a. The division or partition of land into parcels of more than five acres, not involving any new streets or easements of access; b. The sale or exchange of parcels between adjoining lot owners, where such sale or exchange of parcels does not create additional building sites and does not conflict with chapter 106 zoning; and c. The subdivision of land within cemeteries." 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. s/Phil Serio, Chairman, Chairman /s/Arthur G. Thompson, Clerk of Council AN ORDINANCE TO AMEND CHAPTER 82 OF THE CODE OF ORDINANCES, AS AMENDED, THE CITY OF SHREVEPORT SUBDIVISION ORDINANCE, BY AMENDING SECTION 82-27 BY ADDING LANGUAGE CONSISTENT WITH STATE LEGISLATION REGARDING VIOLATIONS OF THE SUBDIVISION ORDINANCE, AND BY OTHERWISE PROVIDING WITH RESPECT THERETO BE IT ORDAINED by the City Council of the City of Shreveport, Louisiana, in due, legal and regular session convened, that Section 82-27 of Chapter 82 of the Code of Ordinances, as amended, the City of Shreveport Subdivision Ordinance, is hereby amended and reenacted to read as follows: "Whoever, being the owner or the agent of the owner of any land located within the metropolitan planning area, transfers or sells or agrees to sell or negotiates to sell such land by reference to or exhibition of or by other use of a plat of subdivision of such land before such plat has been approved by the planning commission and recorded in the office of the Clerk of Court and Recorder of Caddo Parish, shall be subject to a penalty of one hundred dollars for each lot so transferred or sold or agreed or negotiated to be sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties. The City of Shreveport, through its attorney or other designated official, may enjoin such transfer of sale or agreement by action for injunction or may recover the penalty by civil action. The person notified in writing by the commission of a violation of any of the provisions of this article shall have the violation corrected within 60 days, and each day that a violation is permitted to exist beyond the allowed 60 days shall constitute a separate offense. Any person violating or neglecting or refusing to comply with any provision of this article shall, upon conviction, be fined not more than one $100.00 for each offense." 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. s/Phil Serio, Chairman, Chairman /s/Arthur G. Thompson, Clerk of Council AN ORDINANCE TO AMEND CHAPTER 82 OF THE CODE OF ORDINANCES, AS AMENDED, THE CITY OF SHREVEPORT SUBDIVISION ORDINANCE, BY AMENDING SECTION 82-28 REGARDING ADMINISTRATION AND APPEALS OF THE SUBDIVISION ORDINANCE, AND BY OTHERWISE PROVIDING WITH RESPECT THERETO BE IT ORDAINED by the City Council of the City of Shreveport, Louisiana, in due, legal and regular session convened, that Section 82-28 of Chapter 82 of the Code of Ordinances, as amended, the City of Shreveport Subdivision Ordinance, is hereby amended and reenacted to read as follows: "The provisions of this article shall be administered by the Metropolitan Planning Commission, and as provided in R. S. 33:140.1 et seq., no plat of a subdivision of land lying within the metropolitan planning area shall be filed or recorded until it has been submitted to and approved by the Planning Commission, and such approval entered in writing on the plat by the secretary of the commission or his/her designee. The Clerk of Court and Recorder shall not file or record a plat of a subdivision without the approval of the Planning Commission; the filing or recording of a plat of a subdivision without the approval of the Planning Commission shall be void. The Planning Commission may delegate to their Executive Director or his/her designee, the authority to approve and sign on their behalf, resubdivision plats which consolidate lots or tracts or portions thereof into single lots, the same number of lots or a fewer number of lots and resubdivision plats which shift the boundary line between adjoining lots without creating any additional lots or building sites. Any person aggrieved by a decision of the Planning Commission may within ten (10) days from the date such decision was rendered, file a written request with the Clerk of the City Council or the administrator-secretary of the police jury, for a review of such decision, and thereupon the City Council shall either affirm, modify or reverse the decision rendered by the Planning Commission." 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. s/Phil Serio, Chairman, Chairman /s/Arthur G. Thompson, Clerk of Council 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 KINGSTON ROAD, 675 FEET SOUTH OF BELLVIEW DRIVE, SHREVEPORT, CADDO PARISH, LOUISIANA, FROM R-1D, URBAN, ONE-FAMILY RESIDENCE DISTRICT AND B-2, NEIGHBORHOOD BUSINESS DISTRICT TO B-2-E, NEIGHBORHOOD BUSINESS/EXTENDED USE DISTRICT LIMITED TO "MINI WAREHOUSES" 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 Lots 192 and 193, Brookwood Subdivision, Unit #3, Shreveport, Caddo Parish, Louisiana, property located on the west side of Kingston Road, 675 feet south of Bellview Drive, be and the same is hereby changed from R-1D, Urban, One-Family Residence District and B-2, Neighborhood Business District to B-2-E, Neighborhood Business/Extended Use District limited to "mini warehouses" only. SECTION II: THAT the rezoning of the property described herein is subject to compliance with the following stipulations: 1. Development to be in substantial accord with a revised site plan to be submitted to the Zoning Administrator which shows required landscaping, screen fencing, drives, etc., with any significant changes requiring further review and approval by the Planning Commission. 2. Lots that make-up the building site are to be replatted as a single lot. 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. s/Phil Serio, Chairman, Chairman /s/Arthur G. Thompson, Clerk of Council AN ORDINANCE TO AMEND AND REENACT CHAPTER 62 OF THE CODE OF ORDINANCES OF THE CITY OF SHREVEPORT RELATIVE TO PUBLIC ASSEMBLY AND RECREATION FEES AND TO OTHERWISE PROVIDE WITH RESPECT THERETO. By: Councilman Huckaby WHEREAS, the participation fee for SPAR Recreational Sports for youth, 18 and under, is a barrier to participation for some children especially those that are members of community-center-based teams. WHEREAS, there is a need to eliminate the recreational sports fee for youth, 18 and under, that participate in community-center-based teams. BE IT ORDAINED by the City Council of the City of Shreveport in due, regular and legal session convened, that Section 62-78 of the Code of Ordinances is hereby amended by adding a new description and fee to read as follows:
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/Phil Serio, Chairman, Chairman /s/Arthur G. Thompson, Clerk of Council UNFINISHED BUSINESS (the legislation remained tabled):
NEW BUSINESS:
Councilman Stewart: Mr. Kirkland, it is my understanding from my discussions with Mr. Huckaby and a prior communication with you, is that it will probably be appropriate to move to overturn, according to what's in front of me the ZBA denial decision. And guide me based on our discussion, I believe that the people who originally objected to the project and has subsequent visited individually with the applicant or the applicant's representative, did in fact signed a petition indicating that their opposition was no longer there and they were comfortable. Is that a generally correct statement, sir? Mr. Kirkland: My job is to defend my Board's decision. The Board's decision was to deny. I would concur with you and Councilman Huckaby and any other City Councilman, that subject to the information that is somewhat new since that hearing, i. e. that petition you referenced that Ms. Patterson obviously worked very hard to get the support of her neighbors, substantially amended her original request, i.e. reduced operating hours, security, a number of things that were very important to the decision. But I think, certainly I would agree with, as my opinion, with the action that is contemplated to overturn based on that information. But as I say, my responsibility is to defend the Board's decision but certainly to use common sense and agree when the applicant has substantially improved the application. Is that good enough double talk. I'm not trying to be flip it, I have Board members that watch these proceedings and they like to ask me, sometimes later, why I didn't defend what they did and they are not always aware of everything that happens after the hearing, but we try to brief them on that. Councilman Stewart: One particular issue and I'd like Mr. Huckaby's comments with the permission of the Chair, is certainly, I don't believe I or anyone here really feels that there needs to be a defense of their position. Their position, in my opinion a vast majority of the time has always been taken based on facts, not emotions even in split decisions. However, apparently the information I've shared with you accurately reflects a written affirmation of the change of opinion of most, if not all of the objectives. Mr. Kirkland: Exactly. Councilman Huckaby: I looked into this matter myself because it is across the street from my district and I'm familiar with it because it was in my district for about 12 years. The citizens in that area are primarily concerned about over-the-counter sale of alcohol, loitering and crowds and I think the applicant has dealt with all of these ideas, so to some extent with certain stipulations to go with the application. We have banned the outside use of telephone, we have also dealt with over-the-counter sale of alcoholic beverage and that the applicant is a resident of the area. She lives one block from the site itself. My personal knowledge of her is that she is a very matured person, a very responsible person and she has convinced me that she intends to run a very matured, adult nightclub with no minors involved, no crowds and no over-the-counter sale of alcoholic beverages. And so, that is why we recommended that the amendment be a limited granting of the application for one year and she will have to come back and if she has no problems, she won't have to pay a fee, but she will have to re-apply, that is why we have made this recommendation for Mr. Stewart. Councilman Stewart: Originally, my plans for approximately 6 months indicated that I would not be with us today and I had asked Mr. Huckaby, contemplating that two weeks ago to do the background on it and I appreciate what he has done. And given that, my motion, sir is to overturn the Metropolitan Shreveport Zoning Board of Appeals denial decision in Case No. BAC-126-99, Mary Patterson the applicant and would request Mr. Huckaby's second and an affirmative vote of all parties. Mr. Thompson: I believe that entire motion here needs to be read or referred to so that it won't be just the part that you read, but we'll know that the whole thing is what you intend to move. Councilman Stewart: That would be quite alright with me, sir. The Deputy Clerk read the following motion: Motion by Councilman Stewart, seconded by Councilman Huckaby to overturn the Metropolitan Shreveport Zoning Board of Appeal's denial decision in CASE NO. BAC-126-99, Mary Patterson, Applicant, thereby approving the applicant's request for Special Exception approval in a B-3, Community Business District, to allow a lounge, subject to the following stipulations: 1. Development to be in substantial accord with revised site plan showing additional hard surfaced parking lot to the south of the building and six foot (6') high solid wood screening fence with shrubs planted on the outside of the fence adjacent to the residential area to the south with any additions or expansion to require review and approval of the Zoning Board of Appeals. 2. Hours of operation shall be 1:00 p.m. until 12:30 a.m. Monday -Thursday and 1:00 p.m. until 2:00 a.m. Friday and Saturday. 3. The business shall hire security staff to ensure that there is no loitering nor drinking outside the building nor in the parking lot area. 4. There shall be no exterior public telephone on this site. 5. Approval is granted for one year, only. Prior to the expiration of the one year period, the applicant must apply (with a waiver of the application fee) to the Zoning Board of Appeals and be granted approval in order to continue the lounge operation. Motion approved by the following vote: Councilman Huckaby, Stewart, Carmody, Spigener, Serio, Shyne and Burrell. 7. Nays: None. REPORTS FROM OFFICERS, BOARDS AND COMMITTEES. None. CLERK'S REPORT: Letters of Appeals (cases not to be considered prior to March 28):
COMMUNICATIONS AND MISCELLANEOUS MATTERS. The Council resolved itself into Committee of the Whole on motion by Councilman Spigener, seconded by Councilman Carmody and approved by the following vote: Councilmen Huckaby, Stewart, Carmody, Spigener, Serio, Shyne and Burrell. 7. Nays: None. Motion by Councilman Burrell, seconded by Councilman Carmody that the Committee Rises and Report and convene itself as the Council. Motion approved by the following vote: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. There being no further business to come before the Council, the meeting adjourned at 4:00 p.m. /s/Phil Serio, Chairman, Chairman /s/Arthur G. Thompson, Clerk of Council |
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