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| 1234 TEXAS AVE. P.O. BOX 31109 SHREVEPORT, LOUISIANA 71130 | |||
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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 28, 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 Burrell for approval of the Summary Minutes of the Administrative Conference of March 13, 2000, the Minutes of the Regular Meeting of March 14, 2000, and the Agenda As Amended on March 27, 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. Mr. Antee: When the Mayor was running for this position about 15 months ago, one of the main issues of the campaign to him was being able to create a city and an area that your children and people would want to come back to and live and make this their home. Today at lunch one of the finest examples of that, Hal Sutton presented a check to Centenary College for $100,000 and also to the United Way of Northwest Louisiana for $100,000 which were part of the proceeds from the Rider Cup. And that's a perfect example of somebody that can live anywhere in the country, but still chooses to come back home to Shreveport and Bossier, and we just want to recognize and thank Hal Sutton for that. Also, we have Liz Swaine who would like to say a couple of things concerning the census. Ms. Swaine: Just wanted to give you a very quick briefing on the census. We have initial census response from the City of Shreveport, this was as of yesterday, 33% of the persons in the City of Shreveport have responded. In 1990, Shreveport's response was 62%. If you have a computer at home, this will be updated daily through April 11th at www.census.gov. It is still very important, obviously for all of us to get the word out about sending those form in. So, please, I would encourage you when you got out and when you are mingling with people, speaking with different groups, encourage them to get those forms back in, it is very important for the city of Shreveport, as you well know. I do want to give kudos to Charles Kirkland who is here, and I don't think Judy Battle is here today, with the MPC. The Census Bureau had determined that Shreveport had 90,657 active addresses. We appealed that claiming that we had nearly 22,000 more addresses. When you use that census multiplier of 2.5 people per address, that is a lot of people that we were going to miss out on. We appealed, 16,000 of those addresses were allowed back in so, using that multiplier, that's 39,000 residents that we had the potential of adding if they send their forms in. And that's again, is why it is so important so many thanks to Charles Kirkland and Judy Battle for that. Thursday and Friday, Terry Camp and KDKS radio are donating two full days of live radio remotes. You should have in the mail either yesterday or today the schedule on that. I would encourage you if you can come out and do a pitch for the census. We will be out and about all day long Thursday and Friday. Are there any questions I can answer for any of you on how the census is going. Councilman Burrell: Liz, you said that we are at 33% now and the last census we were at 66%. Was that during the same time period or what? Ms. Swaine: Right now we are at 33%. The total response rate for 1990 was 62%. We are still in that response time period, so of course our rate will come up. We wanted, our target rate for this year is 67%, that's the Census Bureau target rate for Shreveport. We of course would like it to be 100%, but the Census Bureau has set our target rate at 67%. We still have April 1st is called "Census Day". That's the day we want all the forms back in, but they will continue to count the forms even beyond April 1st. Again, just encouraging people to get those forms in. We don't want folks to wait until the last minute. Public Hearing: None. Confirmations and/or Appointments: Motion by Councilman Burrell, seconded by Councilman Carmody for confirmation of appointments to the North Shreveport Industrial Park Board: Mr. Larry Kennedy and Mr. Malcolm Murchison. Motion approved by the following vote: Ayes: Councilmen Huckaby, Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Out of Chamber: Councilman Stewart. 1. 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 the Resolutions and Ordinances on the Consent Agenda not to be adopted prior to April 11, 2000. Motion approved by the following vote: Ayes: Councilmen Huckaby, Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Out of Chamber: Councilman Stewart. 1. INTRODUCTION OF RESOLUTIONS:
INTRODUCTION OF ORDINANCES:
Adding Legislation to the Agenda: Motion by Councilman Huckaby to suspend the rules to add legislation to the agenda, seconded by Councilman Burrell. Motion approved by the following vote: Ayes: Councilmen Huckaby, Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Out of Chamber: Councilman Stewart. 1. *Motion by Councilman Huckaby to add Resolution No. 63 of 2000: A resolution authorizing the waiver of the entire building rental fee for the Convention Hall for the Shreveport/Bossier African-American Chamber of Commerce to hold a luncheon and a banquet in conjunction with its Economic Development Conference and otherwise providing with respect thereto; seconded by Councilman Shyne. Motion approved by the following vote: Ayes: Councilmen Huckaby, Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Out of Chamber: Councilman Stewart. 1. *Motion by Councilman Burrell to add Resolution No. 64 of 2000: A resolution authorizing the waiver of the entire building rental fee for the Convention Hall for Booker T. Washington High School Alumi Foundation to hold a banquet in conjunction with BTW's 50th Anniversary Celebration and otherwise providing with respect thereto; seconded by Councilman Shyne. Motion approved by the following vote: Ayes: Councilmen Huckaby, Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Out of Chamber: Councilman Stewart. 1. Mr. Thompson: I would point out that this is the first time that these have gone through the new procedure that the Council recently adopted. They've gone to the City Attorney's Office to look at them to see whether or not there is a prima facie case, I guess, of their constitutionality. And so you might want to read the letter that Julie has written and look at the other information, but that's the procedure that will be used from now on whenever, according to your rules as long at the rule is in place whenever anybody wants to waive any of the fees. Mr. Antee: Resolution No. 65 of 2000: Resolution suspending the effects of certain provisions of Section 10-187 relative to the sale and consumption of alcoholic beverages in city parks and to otherwise provide with respect thereto. Motion by Councilman Shyne, seconded by Councilman Burrell to add the resolution to the agenda. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. ADOPTION OF RESOLUTIONS AND ORDINANCES ON CONSENT: Motion by Councilman Burrell, seconded by Councilman Carmody for Adoption of the Resolutions on the Consent Agenda. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. RESOLUTIONS: 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 in matters involving environmental issues relating to the proposed Shreveport Convention Center project. WHEREAS, pursuant to Section 8.03 of the City Charter, the City Attorney recommends that Timothy Hardy and Veronica Joyce Matthews, with the law firm Lemie & Kelleher, L.L.P., 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 Timothy Hardy and Veronica Joyce Matthews, with the law firm Lemie & Kelleher, L.L.P., 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 March 14, 2000. BE IT FURTHER RESOLVED that this contract shall be paid out of the Shreveport Convention Center project 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 THE WAIVER OF THE ENTIRE BUILDING RENTAL FEE FOR THE EXPO HALL FOR BASS LIFE TO HOLD ITS ANNUAL BANQUET AND OTHERWISE PROVIDING WITH RESPECT THERETO. BY: COUNCILMAN STEWART WHEREAS, Bass Life plans to hold it annual banquet on Tuesday, April 18, 2000, in the Expo Hall; and WHEREAS, Bass Life is a non-profit organization committed to keeping our lakes and rivers clean and healthy for the fish population; and WHEREAS, Bass Life uses monies from this fundraiser to fund operating expenses for the Cross Lake Fish Hatchery as well as stock several million Florida bass fingerlings in area lakes; and WHEREAS, it is therefore in the public interest and serves a public purpose for the city to waiver the entire building rental fee for the use of the Expo Hall by Bass Life. 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 Expo Hall by Bass Life to hold its annual banquet on April 18, 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 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 THE WAIVER OF THE ENTIRE BUILDING RENTAL FEE FOR THE EXPOSITION HALL FOR THE SCHUMPERT FOUNDATION TO HOLD A CARITAS BALL/BENEFIT AND OTHERWISE PROVIDING WITH RESPECT THERETO. BY: COUNCILMAN STEWART WHEREAS, the Schumpert Foundation held a Caritas Ball/Benefit March 6, 2000 in the Exposition Hall as a fund-raiser primarily for the Highland Center and Grace Home; and WHEREAS, the Highland Center is a community organization that houses a number of nonprofit organizations, including the City's Weed and Seed Program, and the Grace Home is a community residential hospice. Both provide much needed care and services for citizens in the Shreveport area; and WHEREAS, the Schumpert Foundation in a nonprofit organization that holds fund-raisers for various community endeavors and helps to foster the mission of the Sisters of Charities; 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 Exposition Hall by the Schumpert Foundation. WHEREAS, the event will be held before this resolution is adopted and the Administration is asked to delay the collection of the rental fee until after the resolution is considered by the 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 Exposition Hall by the Schumpert Foundation to hold a Caritas Ball/Benefit on March 6, 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. A RESOLUTION AUTHORIZING THE TEMPORARY WAIVER OF THE TENNIS COURT USE FEES AT SOUTHERN HILLS TENNIS CENTER FOR PARTICIPANTS IN THE SATURDAY MORNING WHEELCHAIR CLINIC TENNIS PROGRAM AND TO OTHERWISE PROVIDE WITH RESPECT THERETO. WHEREAS, the City of Shreveport, through its Department of Public Assembly and Recreation, has received a request to waive the court use fee charged to participants in the Saturday Morning Wheelchair Clinic Tennis Program at the Southern Hills Tennis Center; and WHEREAS, the Clinic is not sponsored by the City of Shreveport, however, the program program provides a benefit to the public as the participants are provided instruction in the sport of tennis and an opportunity to participate in a structured recreational activity. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Shreveport, in due, legal and regular session convened, that the tennis court use fee at Southern Hill Tennis Center for participants in the Saturday Morning Wheelchair Clinic Tennis Program is hereby waived. BE IT FURTHER RESOLVED the fee waiver authorized by this resolution shall be effective for a period of nine months, more or less, beginning on the effective date of this resolution and terminating no later than December 31, 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 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 parts thereof in conflict herewith are hereby repealed. A RESOLUTION AUTHORIZING THE WAIVER OF BUILDING RENTAL FEES FOR USE OF THE CONVENTION CENTER IN CONJUNCTION WITH THE ANNUAL INDUCTION CEREMONY FOR THE SHREVEPORT-BOSSIER SPORTS MUSEUM OF CHAMPIONS ON APRIL 1, 2000 AND TO OTHERWISE PROVIDE WITH RESPECT THERETO. BY: COUNCILMAN SERIO WHEREAS, the Independence Bowl Foundation sponsors the annual induction ceremony for the Shreveport-Bossier City Sports Museum of Champions recognizing the athletic accomplishment of individuals from Shreveport and Bossier City; and WHEREAS, the museum is a focal point of activity for tourists and fans during the annual Sanford Independence Bowl; and WHEREAS, the Shreveport-Bossier City Sports Museum of Champions will hold its annual induction ceremony on April 1, 2000, at the Shreveport Convention Center; and WHEREAS, City of Shreveport desires to waive the building rental fees connected with the annual induction ceremony. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shreveport in due, legal and regular session convened, that the rental fees defined in Section 26-123 of the Shreveport Code of Ordinances for the use of the Shreveport Convention Center on April 1, 2000, in connection with the Shreveport-Bossier City Sports Museum of Champions annual induction ceremony and the provisions of Section 26-123 and 124 are hereby waived in their entirety. BE IT FURTHER RESOLVED that if any provision or item of this resolution of 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 provision 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. 56 of 2000: A resolution authorizing the institution of expropriation proceedings against certain described property within the City of Shreveport in connection with the Downtown Airport 1996-1999 Project (FAA Grant No: 3-22-0047-24), Parcel No: 09-126, and otherwise providing with respect thereto. Mr. Thompson: I received a call from Mr. Gary Mitchell, one of the Attorneys for expropriations for the City and Wayne Goss who works for the City requesting that Resolution No.) 56 be withdrawn from the agenda. Councilman Serio: Mr. Thompson, something just came up to me and I know in the past whenever the Mayor was not in the state, that I am not suppose to vote on this. Mr. Thompson: That is correct, Mr. Chairman. Councilman Serio: So from here forward I should suspend from voting? Mr. Thompson: That is correct. Motion by Councilman Shyne, seconded by Councilman Huckaby to withdraw the resolution from the agenda. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Mayor Pro Tem: Councilman Serio. 1. ORDINANCES: None. RESOLUTIONS ON SECOND READING AND FINAL PASSAGE OR WHICH REQUIRES ONLY ONE READING: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN ACT OF DONATION OF ITS INTEREST IN CERTAIN PROPERTY WITHIN THE CITY OF SHREVEPORT TO PROJECT UPLIFT AND OTHERWISE PROVIDING WITH RESPECT THERETO. WHEREAS, certain property described below has been adjudicated to the City of Shreveport and Caddo Parish, to-wit: Lot 3, Lincoln Hts Subdivision of the City of Shreveport, Caddo Parish, Louisiana, as per plat recorded in Book 483, page 70, of the Conveyance Records of Louisiana, having a municipal address of 218 Leroy St., Shreveport, Louisiana. WHEREAS, Project Uplift is a nonprofit organization recognized by the Internal Revenue Service as having Section 501 (c)(3) status, said recognition evidenced by the attached letter dated November 4, 1993; and WHEREAS, Project Uplift, desires the property described above for a parking lot for the Center, which will assist Project Uplift to carry out its mission; and WHEREAS, Project Uplift has agreed to renovate and maintain such property until the conveyance of the property by such organization pursuant to the provisions of Louisiana Constitution Article 7, Section 14(B) and LSA-R.S. 33:4717.3; and WHEREAS, the City finds this proposed Act of Donation serves a public purpose and renders a public service; and WHEREAS, Section 26-53 of the Code of Ordinances requires City Council approval of any agreement made and entered into by the City of Shreveport and any person, where under such person receives a donation in return for services which serve a public purpose; and WHEREAS, said donation shall be in accordance with R.S. 33:4720.25 et. seq. and shall be a donation of only such right title and interest as City of Shreveport may have in such property, and shall be without any warranty of title, express or implied. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shreveport in due, legal and regular session convened that the Mayor be and is hereby authorized to execute an act of donation of such right title and interest as the City of Shreveport may have to the following property to Project Uplift, with the express condition that the donee shall renovate and maintain such property until conveyance of the property by such organization pursuant to the provisions of Louisiana Constitution Article 7, Section 14(B) and LSA-R.S. 33:4717.3, to wit: Lot 3, Lincoln Hts Subdivision of the City of Shreveport, Caddo Parish, Louisiana, as per plat recorded in Book 483, page 70, of the Conveyance Records of Louisiana, having a municipal address of 218 Leroy St., Shreveport, Louisiana. 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 Burrell passed by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Mayor Pro Tem: Councilman Serio. 1. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN ACT OF DONATION TO THE CITY OF SHREVEPORT FROM RELIANT ENERGY GAS TRANSMISSION COMPANY AND OTHERWISE PROVIDING WITH RESPECT THERETO WHEREAS, the owners of certain real property wish to donate the property to the City of Shreveport; and WHEREAS, the Chief Administrative Officer has determined that the property be donated can be used for a public purpose; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, in due, regular and legal session convened, that Mayor Keith Hightower, be and he is hereby authorized to execute an Act of Donation to the City of Shreveport from Reliant Energy Gas Transmission Company, donating a tract of land described as follows: All of the property owned by Reliant Energy Gas Transmission Company in Blocks 6 and 7 of the Magnolia Subdivision, as recorded in Book 50, Page 515, of the conveyance records of Caddo Parish, Louisiana, lying north of Interstate 20 and in the SW/4 of Section 10, T17N,-R19W and being approximately 1.5 acres said tract being more particularly described on the Act of Donation document, attached hereto and made a part hereof, to the City of Shreveport. 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 Burrell passed by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Mayor Pro Tem: Councilman Serio. 1. The following resolution was offered by Councilman Shyne and seconded by Councilman Spigener: A RESOLUTION AUTHORIZING THE ADVERTISING FOR SEALED BIDS FOR THE PURCHASE OF TEN MILLION TWO HUNDRED TEN THOUSAND DOLLARS ($10,210,000) OF WATER AND SEWER REVENUE BONDS, 2000 SERIES A, OF THE CITY OF SHREVEPORT, STATE OF LOUISIANA, AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH. BE IT RESOLVED by the City Council of the City of Shreveport, State of Louisiana, acting as the governing authority of said City, that: SECTION 1. The Clerk of Council of the City of Shreveport, State of Louisiana (the "Issuer") be and he is hereby empowered, authorized and directed to advertise in accordance with the provisions of law for sealed bids for the purchase of Ten Million Two Hundred Ten Thousand Dollars ($10,210,000) of Water and Sewer Revenue Bonds, 2000 Series A (the "Bonds") of the Issuer. The Bonds will be issued under the authority of Part XIII, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended (the "Act"), and other constitutional and statutory authority, pursuant to all requirements therein specified, including without limitation, the conducting of public hearings on May 25, 1993 and May 24, 1994, at which hearings no one present offered any objections to the issuance of the bonds without an election being held thereon and no petitions were filed with the Issuer requesting such an election. The Bonds will be issued for the purpose of constructing and acquiring improvements and extensions to the Issuer's combined waterworks plant and system and sewer plant and system (the "System") and paying the costs of issuance associated therewith, and shall be payable solely from the income and revenues to be derived from the operation of the System equally in all respects with outstanding bonds of (i) an issue of Water and Sewer Revenue Bonds, 1986 Series A, dated August 27, 1986, (ii) an issue of Water and Sewer Revenue Bonds, 1992 Refunding Series B, dated April 30, 1992, (iii) an issue of Water and Sewer Revenue Bonds, 1993 Series B, dated September 1, 1993, as provided in the resolutions authorizing the issuance of the Bonds, (iv) an issue of Water and Sewer Revenue Bonds, 1994 Series A, dated April 1, 1994 and (v) an issue of Water and Sewer Revenue Bonds, 1997 Refunding Series A, dated March 1, 1997. SECTION 2. The Bonds will be in fully registered form, will be dated April 1, 2000, will be in the denomination of Five Thousand Dollars ($5,000) each, or any integral multiple thereof within a single maturity, and will bear interest from date thereof, or the most recent interest payment date to which interest has been paid or duly provided for, at a rate or rates not exceeding seven per centum (7%) per annum on any Bond in any interest payment period, said interest to be payable on June 1, 2000, and semiannually thereafter on June 1 and December 1 of each year (each an "Interest Payment Date"). The Bonds will be numbered from R-1 upwards and will mature serially on December 1 of each year as follows, to-wit: Year Principal Amount 2000 $ 280,000 2001 200,000 2002 215,000 2003 225,000 2004 240,000 2005 255,000 2006 265,000 2007 280,000 2008 300,000 2009 315,000 2010 335,000 2011 355,000 2012 375,000 2013 395,000 2014 420,000 2015 440,000 2016 465,000 2017 495,000 2018 520,000 2019 555,000 2020 585,000 2021 620,000 2022 655,000 2023 690,000 2024 730,000 SECTION 3. Those Bonds maturing on and after December 1, 2010, will be callable for redemption at the option of the Issuer in whole at any time, or in part (in inverse order of maturity and by lot within a maturity), on any Interest Payment Date, on or after December 1, 2009, at the principal amount thereof and accrued interest to the date fixed for redemption, plus a premium (expressed as a percentage of the principal to be redeemed), as follows: Redemption Period Redemption (both dates inclusive) Premium December 1, 2009 to November 30, 2010 2% December 1, 2010 to November 30, 2011 1% December 1, 2011 and thereafter 0%
In the event a Bond is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed. Official notice of such call of any of the Bonds for redemption will be given by first class mail, postage prepaid, not less than ten (10) days prior to the redemption date addressed to the registered owner of each bond to be redeemed at his address as shown on the registration books maintained by the hereinafter defined Trustee. SECTION 4. The Bonds shall be sold in the manner required by law, and in accordance with the terms of this resolution, the official Notice of Bond Sale herein set forth, and the Official Statement referred to in Section 7 hereof. In advertising the Bonds for sale, the City Council shall reserve the right to reject any and all bids received. SECTION 5 . The Clerk of Council be and he is hereby further empowered, authorized and directed to issue a Notice of Bond Sale and cause the same to be published as required by law, which Notice of Bond Sale shall be in substantially the following form: OFFICIAL NOTICE OF BOND SALE $10,210,000 OF WATER AND SEWER REVENUE BONDS, 2000 SERIES A OF THE CITY OF SHREVEPORT, STATE OF LOUISIANA NOTICE IS HEREBY GIVEN that the City Council of the City of Shreveport, State of Louisiana (the "Governing Authority"), acting as the governing authority of the City of Shreveport, Louisiana (the "City" or the "Issuer"), will receive sealed bids for the purchase of Ten Million Two Hundred Ten Thousand Dollars ($10,210,000) of Water and Sewer Revenue Bonds, 2000 Series A (the "Bonds") of the Issuer, at the City Hall, 1234 Texas Street, Shreveport, Louisiana, until three (3:00) o'clock p.m., Louisiana Time, Central Daylight Time on Tuesday, April 25, 2000. The Bonds will be issued for the purpose of constructing and acquiring improvements and extensions to the Issuer's combined waterworks plant and system and sewer plant and system (the "System") and paying the costs of issuance associated therewith, under the authority of Part XIII, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended, (the "Act") and other constitutional and statutory authority, pursuant to all requirements therein specified, including without limitation, the conducting of public hearings on May 25, 1993 and May 24, 1994, at which hearings no one present offered any objections to the issuance of the bonds without an election being held thereon and no petitions were filed with the Issuer requesting such an election. The Bonds will be payable solely from the income and revenues to be derived from the operation of the System equally in all respects with outstanding bonds of (i) an issue of Water and Sewer Revenue Bonds, 1986 Series A, dated August 27, 1986, (ii) an issue of Water and Sewer Revenue Bonds, 1992 Refunding Series B, dated April 30, 1992, (iii) an issue of Water and Sewer Revenue Bonds, 1993 Series B, dated September 1, 1993, (iv) an issue of Water and Sewer Revenue Bonds, 1994 Series A, dated April 1, 1994 and (v) an issue of Water and Sewer Revenue Bonds, 1997 Refunding Series A, dated March 1, 1997, all as provided in the resolutions authorizing the issuance of the Bonds. The Bonds will be issued as fully registered bonds in "book-entry only" form and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"). DTC will act as securities depository for the Bonds, and purchasers of the Bonds will not receive certificates representing their interest in the Bonds purchased. The Bonds will be in fully registered form, will be dated April 1, 2000, and will be in the denomination of Five Thousand Dollars ($5,000) each, or any integral multiple thereof within a single maturity. The Bonds will bear interest from date thereof or the most recent interest payment date to which interest has been paid or duly provided for, at a rate or rates not exceeding seven per centum (7%) per annum on any Bond in any interest payment period, said interest to be payable on June 1, 2000, and semiannually thereafter on June 1 and December 1 of each year (each an "Interest Payment Date"). The Bonds will be numbered from R-1 upward and will mature serially on December 1 of each year as follows, to-wit: Year Principal Amount 2000 $ 280,000 2001 200,000 2002 215,000 2003 225,000 2004 240,000 2005 255,000 2006 265,000 2007 280,000 2008 300,000 2009 315,000 2010 335,000 2011 355,000 2012 375,000 2013 395,000 2014 420,000 2015 440,000 2016 465,000 2017 495,000 2018 520,000 2019 555,000 2020 585,000 2021 620,000 2022 655,000 2023 690,000 2024 730,000 Those Bonds maturing on and after December 1, 2010, will be callable for redemption at the option of the Issuer in whole at any time, or in part (in inverse order of maturity and by lot within a maturity), on any Interest Payment Date, on or after December 1, 2009, at the principal amount thereof and accrued interest to the date fixed for redemption, plus a premium (expressed as a percentage of the principal to be redeemed), as follows: Redemption Period Redemption (both dates inclusive) Premium December 1, 2009 to November 30, 2010 2% December 1, 2010 to November 30, 2011 1% December 1, 2011 and thereafter 0% In the event a Bond is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed. Official notice of such call of any of the Bonds for redemption will be given by first class mail, postage prepaid, not less than ten (10) days prior to the redemption date addressed to the registered owner of each bond to be redeemed at his address as shown on the registration books maintained by the hereinafter defined Trustee. The principal of the Bonds, upon maturity or redemption, will be payable at the Principal Office of The Bank of New York Trust Company of Florida (the "Paying Agent/Registrar" or "Trustee") located in Jacksonville, Florida, upon presentation and surrender thereof, and interest on the Bonds will be payable by the Paying Agent/Registrar by check or draft mailed by the Paying Agent/Registrar to the registered owner (determined as of the 15th calendar day of the month next preceding said Interest Payment Date) at the address as shown on the registration books maintained by the Paying Agent/Registrar. The Bonds may be transferred and exchanged only on the registration books of the Paying Agent/Registrar. The transfer of Bonds may be registered on the registration books of the Paying Agent/Registrar upon surrender of Bonds at the principal corporate trust office of the Paying Agent/Registrar, accompanied by a written instrument of transfer in form and with guaranty of signature satisfactory to the Paying Agent/Registrar and the Issuer, duly executed by the registered owner or his attorney duly authorized in writing, and thereupon a new Bond or Bonds of the same maturity and of authorized denomination or denominations, for the same aggregate principal amount, will be issued to the transferee. Except as provided under DTC's book-entry only system, the Bonds may be transferred, registered and assigned only on the registration books of the Paying Agent, and such registration shall be at the expense of the Issuer. A Bond may be assigned by the execution of an assignment form on the Bonds or by other instruments of transfer and assignment acceptable to the Paying Agent. A new Bond or Bonds will be delivered by the Paying Agent to the last assignee (the new registered owner) in exchange for such transferred and assigned Bonds after receipt of the Bonds to be transferred in proper form. Such new Bond or Bonds must be in the denomination of $5,000 for any one maturity or any integral multiple thereof. Neither the Issuer nor the Paying Agent shall be required to issue, register, transfer or exchange (i) any Bond during a period beginning at the opening of business on the 15th business day of the month next preceding an interest payment date and ending at the close of business on the interest payment date, or (ii) any Bond called for redemption prior to maturity during a period beginning at the opening of business fifteen (15) days before the date of the mailing of a notice of redemption of such Bonds and ending on the date of such redemption. Each bid submitted must be for the entire issue of Bonds, must be on the bid form furnished by the Governing Authority without alteration or qualification, and must be accompanied by a certified or cashier's check in the amount of One Hundred Two Thousand One Hundred Dollars ($102,100) drawn on an incorporated bank or trust company and payable to the Issuer as a guarantee that the bidders will comply with the terms of their bids. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Louisiana, and such Financial Surety Bond must be submitted to the Governing Authority or its Bond Counsel by 9:00 a.m., Louisiana (Central Standard) time, on the sale day. The Financial Surety Bond must identify each bidder whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to a bidder utilizing a Financial Surety Bond, then that purchaser is required to submit its Deposit to the Issuer in the form of a wire transfer not later than 3:30 p.m., Louisiana (Central Standard) time, on the day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the Issuer to satisfy the Deposit requirement. The Deposits of the unsuccessful bidder or bidders will be returned promptly, and the Deposit of the successful bidder or bidders will be deposited and the proceeds credited against the purchase price of the Bonds, or in the case of neglect or refusal to comply with such bid, will be forfeited to the Issuer as and for liquidated damages. No interest will be allowed on the amount of the Deposit. Bidders shall name the rate or rates of interest the Bonds shall bear, not exceeding seven per centum (7%) per annum on any Bond in any interest payment period, to be expressed in a multiple of 1/20th or 1/8th of 1% per annum. Bids must stipulate a purchase price for the Bonds of the par value thereof and accrued interest from April 1, 2000, to the date of delivery of the Bonds. No bid which specifies cancellation of the Bonds will be considered. No bids providing for additional or supplemental interest will be considered. The Governing Authority will meet at the place and time hereinabove set forth for the receipt of bids. The Bonds will be awarded to the bidder whose bid offers the lowest true interest cost to the Issuer for the full authorized amount of the Bonds, to be determined by doubling the semiannual interest rate (compounded semiannually) necessary to discount the debt service payments of the Bonds from the payment dates to April 1, 2000, such that the sum of such present values is equal to the price bid, including any premium bid but not including interest accrued to the date of delivery (the preceding calculation is sometimes referred to as the "Canadian Interest Cost Method" or "Present Value Method"). In the case of a tie bid, the winning bid will be awarded by lot. If any bid for the Bonds shall be acceptable, a prompt award of the Bonds will be made. The right is expressly reserved to waive any irregularity in any bid or to reject any and all bids received. It shall be the obligation of the successful bidder to furnish in writing to the Issuer's Bond Counsel, referenced below, the reoffering yields within three (3) business days after the date of the sale and the initial public offering prices of the Bonds not less than ten (10) business days prior to delivery of the Bonds. The Bonds will be delivered as soon as practicable on or about May 16, 2000, in the form of one initial bond for each annual maturity of the Bonds registered with the name of Cede & Co., as nominee of DTC. The successful bidder or bidders shall pay in Federal Funds on the date of delivery the balance of the purchase price of the Bonds plus accrued interest. The Bonds will be delivered at the offices of DTC in New York, New York, against payment therefor. The Official Statement containing pertinent information relative to the authorization, sale and security of the Bonds is being prepared and may be obtained upon its completion from the Issuer's Bond Counsel or Co-Bond Counsel. The approving legal opinion of Bond Counsel and Co-Bond Counsel, who have supervised the proceedings, the printed Bonds and the transcript of record as passed upon will be furnished to the successful bidder without cost to him. Said transcript will contain the usual closing proofs, including a certificate that up to the time of delivery no litigation has been filed questioning the validity of the Bonds or the revenues necessary to pay the same. In order to assist bidders in complying with S.E.C. Rule 15c2-12(b)(5), the Governing Authority will undertake, pursuant to the resolution providing for the issuance of the Bonds and a Continuing Disclosure Certificate, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Preliminary Official Statement and will also be set forth in the Final Official Statement. For information relative to the Bonds and not contained in the Notice of Bond Sale and Official Statement, address Mrs. Elizabeth B. Washington, the Director of Finance, City of Shreveport, 1234 Texas Street, Shreveport, Louisiana 71130. For information relative to the Bonds being offered for sale, please address either Bond Counsel or Co-Bond Counsel. THUS DONE AND SIGNED at Shreveport, Louisiana, on this, the 28th day of March, 2000. /s/ Philip Serio Chairman Attest: /s/Arthur G. Thompson Clerk of Council SECTION 6. This Governing Authority will meet in open and public session at the time and place set out in the Notice of Bond Sale incorporated herein, for the purpose of receiving bids for the Bonds, considering and taking action upon the bids, and taking any other action required by this resolution, or necessary to effectuate the issuance, sale and delivery of the Bonds. If any award of the Bonds shall be made, such award shall be made for not less than par and accrued interest to the highest bidder therefor, such award and highest bidder to be determined in accordance with the aforesaid Notice of Bond Sale. SECTION 7. There shall be prepared an Official Bid Form for the submission of bids and an Official Statement which shall contain complete bidding details, security features and other pertinent information relative to the sale and issuance of the Bonds as may be deemed necessary, advisable or desirable, which Official Bid Form and Official Statement shall be distributed to all prospective bidders and other interested parties. SECTION 8. Application be and the same is hereby formally made to the State Bond Commission, Baton Rouge, Louisiana, for its consent and authority to issue and sell the aforesaid issue of Bonds, and a certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of the Issuer, together with a letter requesting the prompt consideration and approval of this application. SECTION 9. Prior to the delivery of the Bonds, the Issuer anticipates that it may pay a portion of the costs of the project (not exceeding $10,210,000) from other available funds. The project includes specifically constructing and acquiring improvements and extensions to the System. Upon the issuance of the Bonds, the Issuer reasonably expects to reimburse any such expenditures of other available funds from a portion of the proceeds of the Bonds. Any such allocation of proceeds of the Bonds for reimbursement will be with respect to capital expenditures (as defined in Reg. 1.150-2) and will be made upon the delivery of the Bonds and not later than one year after the later of (i) the date such expenditure was paid or (ii) the date on which the project was placed in service. This Section is intended to be a declaration of official intent within the meaning of Reg. 1.150-2. Read by title and as read motion by Councilman Shyne, seconded by Councilman Spigener passed by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Mayor Pro Tem: Councilman Serio. 1. Offered by Councilman Carmody and seconded by Councilman Shyne: A RESOLUTION GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF NOT TO EXCEED NINETEEN MILLION FIVE HUNDRED FORTY THOUSAND DOLLARS ($19,540,000) AGGREGATE PRINCIPAL AMOUNT OF WATER AND SEWER REVENUE BONDS, 2000 SERIES B, OF THE CITY OF SHREVEPORT, STATE OF LOUISIANA; PROVIDING CERTAIN TERMS OF SAID BONDS; MAKING APPLICATION TO THE STATE BOND COMMISSION FOR APPROVAL OF SAID BONDS; AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the City of Shreveport, State of Louisiana (the "Issuer") desires to incur debt and issue not to exceed Nineteen Million Five Hundred Forty Thousand Dollars ($19,540,000) aggregate principal amount of its Water and Sewer Revenue Bonds, 2000 Series B (the "Bonds") in the manner authorized and provided by Chapter 32 of Title 40 of the Louisiana Revised Statutes of 1950, as amended (R.S. 40:2821-2826) (the "Act"), and other constitutional and statutory authority, for the purpose of constructing and acquiring improvements and extensions to the Issuer's combined waterworks plant and system and sewer plant and system (the "System") and paying the costs of issuance thereof, said Bonds to mature over a period not exceeding twenty-five (25) years, and to bear interest at a rate or rates not to exceed seven per centum (7%) per annum; and WHEREAS, the Issuer desires to make formal application to the State Bond Commission for approval of the Bonds, and further to confirm the employment of special Bond Counsel and Co-Bond Counsel in connection therewith; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, State of Louisiana, acting as the governing authority of said City, that: SECTION 1. Preliminary Approval of Bonds. Preliminary approval is given to the issuance, in one or more series, of not exceeding $19,540,000 aggregate principal amount of Water and Sewer Revenue Bonds, 2000 Series B of the City of Shreveport, State of Louisiana (the "Bonds"), to be issued for the purpose described in the preamble hereto, said Bonds to be payable from a pledge and dedication of the revenues derived by the Issuer from the operation of the System to construct and acquire extensions and improvements to the System. The Bonds shall bear interest at a rate or rates not to exceed seven percent (7%) per annum, to be determined by subsequent proceedings of this City Council at the time of the sale of the Bonds, and shall mature over a period not exceeding twenty-five (25) years. The Bonds shall be issued in fully registered form, shall be sold to the purchasers thereof at a price of not less than 97% of the principal amount thereof, plus accrued interest, and shall have such additional terms and provisions as may be determined by this City Council at or prior to sale. SECTION 2. Employment of Bond Counsel and Co-Bond Counsel. This City Council finds and determines that a real necessity exists for the employment of special Bond Counsel and special Co-Bond Counsel in connection with the issuance of the Bonds, and accordingly Foley & Judell, L.L.P. is hereby employed as Bond Counsel and McGhee, Auzenne & Associates is hereby employed as Co-Bond Counsel to the Issuer, and requested to do and perform comprehensive legal and coordinate professional work as Bond Counsel and Co-Bond Counsel with respect to the issuance and sale of the Bonds. Said Bond Counsel and Co-Bond Counsel shall prepare and submit to this City Council for adoption all of the proceedings incidental to the authorization, issuance, sale and delivery of such Bonds, shall counsel and advise this City Council as to the issuance and sale thereof and shall furnish their opinions covering the legality of the issuance of the Bonds. The fee of said Bond Counsel and Co-Bond Counsel in connection with the issuance of the Bonds of the Issuer is hereby fixed at a sum not exceeding eighty percent (80%) of the maximum fee allowed by the Attorney General's fee schedule for comprehensive, legal and coordinate professional work in connection with the issuance of revenue bonds, and based on the amount of said Bonds actually issued, sold, delivered and paid for, plus "out-of-pocket" expenses, said fees to be contingent upon the issuance, sale and delivery of said Bonds. A certified copy of this resolution shall be submitted to the Attorney General of the State of Louisiana for his written approval of said employment and of the fees herein designated, and the Director of Finance is hereby empowered and directed to issue vouchers to said Bond Counsel and Co-Bond Counsel in payment for the work herein provided for upon completion of the work herein specified and under the conditions herein enumerated. SECTION 3. State Bond Commission. Application is hereby made to the State Bond Commission, Baton Rouge, Louisiana, for approval of the issuance and sale of the Bonds and for consent and authority to proceed with the issuance and sale of the Bonds as provided above, and Bond Counsel is directed to make application to the State Bond Commission in accordance with the foregoing on behalf of the Issuer. Read by title and as read motion by Councilman Carmody, seconded by Councilman Shyne for passage. Councilman Carmody: Grant, if I can just ask you to give us a brief synopsis of the actions that was taken here on both of the sealed bids for the $10.21 and the $19.540. Mr. Schlueter: The two issues together aggregate $29 million plus. The proceeds of the issue will be used to construct improvements at the Amiss Water Plant. Approximately 80% of the money was required to meet regulatory requirements for that plant. I did talk to Mike Strong this afternoon and he indicated that with this $29 million plus, it should take care of the needs at the Amiss Plant and additional funds won't be needed for that facility. The $10.210 is proposed to be sold at public competitive sale at your April 25th Council meeting similar to your General Obligations Bonds that you've issued in the past and the Convention Center bonds. So, it will be a public offering, competitive bids offered to the public on that date. The balance, the $19 million plus is to represent a loan from DEQ at a very attractive interest rate, the current rate is 3.95% for 22 years, so it is substantially below the market rate. But those two issues together will provide the financing for the Amiss Plant. Councilman Carmody: And repayment of these bonds will be revenue? Mr. Schlueter: Solely from water and sewer revenues, that is correct. Councilman Carmody: Jim Holt, what I wanted to ask if you could explain, I know these are coming as water and sewer bonds but my understanding is these are only to be utilized for water at this point and not toward any infrastructure for sewer lines, anything like that? Mr. Holt: Mike and I have not discussed the specifics for the use. I can not honestly answer that, then. Councilman Carmody: If you could ask Mike to give me a call, I would appreciate it. Councilman Stewart: Mr. Schlueter, several of my friends in the finance community and some of them being constituents raised some questions that I thought it is appropriate that you respond to. Could you explain for the public record, specifically, "how the bond counsel is being paid on these two transactions." There is a second part to that question, Mr. Schlueter, are they being paid according to the resolutions we passed in 1993 on the $10 million dollar issue. Mr. Schlueter: The $10 million is the residual authority for public hearing back in '93, which we handled and pursuant to which various water and sewer revenue bonds were issued. The fees of bond counsel and co-bond counsel, Marie Auzenne as Co-bond Counsel, are set at 80% of the maximum fee permitted under the Attorney General's guidelines for bond counsel services. So there is a 20% discount and it is in accordance with the Attorney General's requirements and resolutions of this Council and it is a substantial discount and that includes both fees in the 80% figure. Councilman Stewart: Can you then direct us to, are these bond issues refundable if the interest rates go down, with a brief explanation. Mr. Schlueter: Yes, the $10 million, Series A Bonds, which are to be competitively sold at the April 25th Council meeting will have approximately a 10 year no-call provision which is appropriate and consistent with most of your issues because if you permit the bonds to be redeemed or refinanced on a current basis at any time, you are going to pay a substantially higher interest rate for your bond issue. Notwithstanding that, if rates decrease substantially enough for it to be economically feasible, you can refinance the bonds at any time even during the first 10 years. Now, the City has done this before. If it is in the first 10 years it is called an advance refunding as opposed to a current refunding and basically you issue a new set of bonds to refinance the old bonds but you don't physically retire them until the 10 year period is up. You get the advantage of the lower interest rates and you are able to refinance. Councilman Stewart: One further point: Do we have any outstanding bonds that are in such a position that we can not refund them? Mr. Schlueter: Most of, well a great number of the outstanding bonds have been refinanced over the years at a substantial savings to the City. Whether a bond is refinanced or not depends on the call provisions and it depends on where interest rate at a given point in time. To the extent that market conditions permit and interest rates drop substantially enough to merit a refinancing, then they can be refinanced. Councilman Stewart: I appreciate your response for the record very much Mr. Schlueter and at your convenience, when you return to your office, if you would be kind enough to provide us a list, please sir, of the bond issues and the specific reasons why we are unable to refund them I would appreciate and make copies available for members of the Council. Mr. Schlueter: I will be glad to. Resolution passed by the following vote: Ayes: Councilmen Stewart, Carmody, Spigener, Shyne and Burrell. 5. Nays: None. Out of Chamber: Councilman Huckaby. 1. Mayor Pro Tem: Councilman Serio. 1. A RESOLUTION SUSPENDING THE EFFECTS OF CERTAIN PROVISIONS OF SECTION 10-187 RELATIVE TO THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN CITY PARKS AND TO OTHERWISE PROVIDE WITH RESPECT THERETO. WHEREAS, the Michelob Lite Tennis Tournament will held at the Querbes Tennis Center from April 7 - 9, 2000; and WHEREAS, this tournament is an annual event that serves to showcase the best tennis talent in this city; and WHEREAS, the tournament sponsor estimates that the attendance for the tournament will exceed 1,000 persons; WHEREAS, Section 10-187 (a) makes it unlawful for any person to possess any alcoholic beverage in any public park unless in accordance with the provisions of Section 10-187 (b) and (c); and WHEREAS, Section 10-187 (b) permits the sale and/or consumption of alcoholic beverages by a city-approved concessionaire and the consumption of such alcoholic beverages by individuals who purchase the alcoholic beverages from such concessionaires in certain city-owned parks; and WHEREAS, the Querbes Tennis Center is not included in the list of approved facilities; and WHEREAS, Section 10-187(c) makes it unlawful for any person to possess or consume any alcoholic beverages at any of the parks enumerated in section 10-187 (b) unless the alcoholic beverage has been purchased from a city-approved concessionaire; WHEREAS, the adoption of this resolution would suspend sub-sections (a), (b) and (c) of Section 10-187 from April 7 - 9, 2000, to permit low alcoholic content beverages to be dispensed, possessed and consumed at the Querbes Tennis Center during the Michelob Lite Tennis Tournament and would suspend the requirement that the alcoholic beverages be sold by a city-approved concessionaire. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, legal and regular session convened that Section 10-187 (a), Section 10-187(b) and Section 10-187(c) are hereby suspended from April 7 - 9, 2000 to permit low alcoholic content beverages to be dispensed, possessed consumed at the Querbes Tennis Center during the Michelob Lite Tennis Tournament and suspending the requirement that the beverages be purchased from a city-approved concessionaire. 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 application, 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 Carmody, seconded by Councilman Shyne passed by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Mayor Pro Tem: Councilman Serio. 1. INTRODUCTION OF RESOLUTIONS:
INTRODUCTION OF ORDINANCES:
Read by title and as read motion by Councilman Shyne, seconded by Councilman Burrell for Introduction of the Resolutions and Ordinances to lay over until the April 11, 2000 meeting. Motion passed by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Mayor Pro Tem: Councilman Serio. 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 April 11, 2000 meeting. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Mayor Pro Tem: Councilman Serio. 1.
Having passed first reading on March 14, 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 Shyne adopted by the following vote: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Mayor Pro Tem: Councilman Serio. 1.
Having passed first reading on March 14, 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 Stewart adopted by the following vote: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Mayor Pro Tem: Councilman Serio. 1.
Having passed first reading on March 14, 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 Shyne adopted by the following vote: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Mayor Pro Tem: Councilman Serio. 1.
Having passed first reading on March 14, 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 adopted by the following vote: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Mayor Pro Tem: Councilman Serio. 1.
Having passed first reading on March 14, 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 Stewart for adoption. The Deputy Clerk read the following amendment: Amend the ordinance as follows: In Section I, in the second line, delete the words: "the west 260 feet of". Motion by Councilman Huckaby, seconded by Councilman Shyne, for adoption of the amendment. Motion approved by the following vote: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Mayor Pro Tem: Councilman Serio. 1. Motion by Councilman Huckaby, seconded by Councilman Shyne for adoption of the ordinance as amended. Motion approved by the following vote: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Mayor Pro Tem: Councilman Serio. 1.
Councilman Carmody: Is there an amendment on this one? Ms. Glass: I don't believe there was an amendment on that. I believe that was the one that, Mr. Carmody, you said you wanted to grant approval of the zoning. Councilman Carmody: You are correct. Ms. Glass: So, you would just adopt the ordinance as written. Having passed first reading on March 14, 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 Shyne adopted by the following vote: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Mayor Pro Tem: Councilman Serio. 1.
Having passed first reading on March 14, 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 Stewart for adoption. The Deputy Clerk read the following amendment: Amend the ordinance as follows: In the title, in line 10, delete the words "an attorney's office" and substitute the words "business or professional office", and in Section I, lines 16 and 17 delete the words "an attorney's office" and substitute the words "business or professional office". Motion by Councilman Carmody, seconded by Councilman Shyne, for adoption of the amendment. Motion approved by the following vote: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Mayor Pro Tem: Councilman Serio. 1. Motion by Councilman Carmody, seconded by Councilman Spigener for adoption of the ordinance as amended. Motion approved by the following vote: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Mayor Pro Tem: Councilman Serio. 1. The adopted Ordinances, as amended, follow: 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. BE IT ORDAINED by the City Council of the City of Shreveport in due, regular and legal session convened that Section 24-42 of the Code of Ordinances, relative to the Department of Community Development is hereby amended to now read as follows: Sec. 24-42. Offices created; appointments. The offices of director, bureau chief(s), and assistant bureau chief(s) are hereby created in the department of community development. The mayor shall appoint, subject to confirmation by the city council, the director of community development. The mayor shall appoint the bureau chief(s) and assistant bureau chief(s) after recommendation from the director of community development. The offices of bureau chief(s) and assistant bureau chief(s) shall be subject to confirmation by the city council. 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, Mayor Pro Tem /s/Arthur G. son, Clerk of Council AN ORDINANCE AMENDING THE 2000 BUDGET FOR THE COMMUNITY DEVELOPMENT SPECIAL REVENUE FUND, APPROPRIATING THE FUNDS AUTHORIZED THEREIN, AND OTHERWISE PROVIDING WITH RESPECT THERETO WHEREAS, the Charter of the City of Shreveport provides for the amendment of any previously-adopted budget; and WHEREAS, the City Council desires to amend the 2000 budget for the Community Development Special Revenue Fund, to account for revised estimates of revenues and expenditures. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport, in legal session convened, that Ordinance No. 161 of 1999, the 2000 budget for the Community Development Special Revenue Fund, is hereby amended and re-enacted to read as follows: 1. Estimated Receipts - The estimated Community Development Special Revenue Fund budget receipts for the year 2000 are hereby established as follows:
1999 and Prior-Year Funds:
Prior-Year CDBG Entitlement $3,436,400 Prior-Year HOME Entitlement 2,191,000 Prior-Year HOME Program Income 731,300 Prior-Year Federal Emergency Shelter 27,300 Prior-Year State Emergency Shelter 151,300 Prior-Year HOPE Program Income 47,700 Prior-Year Sales Tax Program Income 92,400 Prior-Year Workforce Development Entitlements 2,130,900 Prior-Year Brownfields Grant 21,900 Prior-Year SHMA 174,100 Prior-Year SHMA Program Income 28,600 Prior-Year Lead-Based Paint Grant 748,400 Prior-Year Rental Rehab Program Income 150,200 Prior-Year Housing Program Income 435,700 Prior-Year Business Dev. Program Income 370,000 Prior-Year Welfare to Work 428,100
SUBTOTAL - 1999 AND PRIOR YEARS $11,165,300 Fiscal Year 2000 Funds: CDBG Entitlement $3,804,000 CDBG Program Income - Loan Program 150,000 CDBG Program Income 400,000 HOME Entitlement 1,491,000 HOME Program Income 260,000 HOPE Program Income 50,000 Federal Emergency Shelter 136,000 State Emergency Shelter 151,000 Office of Social Services (LAJET) 351,000 Welfare to Work 808,000 Sales Tax Program Income 75,000 Transfer from General Fund 2,037,000 Rental Rehabilitation Program Income 197,600 Codes Enforcement Ext. Service Charges 243,500 SHMA Program Income 11,000 EPA Grant 500,000 WIA Adult Allocation 855,500 WIA Youth Allocation 894,700 WIA Dislocated Workers Allocation 1,387,300 SUBTOTAL - FY 2000 FUNDS $13,802,600 GRAND TOTAL REVENUES $24,967,900 2. Appropriations - The funds set forth in the following classes of expenditures are hereby appropriated out of the Community Development Special Revenue Fund's receipts for the year 2000:
Prior-Year Funds: CDBG: Lead-Based Paint Program 113,200 Buydown Assistance 50,000 Leased Housing 200,000 Lot Purchases 525,400 Section 108 (Fairmont) 200,000 Public Facilities 150,000 Transfer to Capital Projects 191,600 HOPE Program Income 47,700 SHMA 174,100 Asphalt Overlay 627,000 Community Development Corporation 500,000 HOME: Shreveport Home Ownership $1,387,200 CHDO 803,900 HOME Program Income 731,300 State Emergency Shelter Grants 151,300 Federal Emergency Shelter Grants 27,300 Housing Program Income 435,700 Workforce Development Grants: JTPA II-A 378,900 JTPA II-B 41,500 JTPA II-C 145,400 JTPA 8% 49,200 JTPA III-F 745,500 Welfare to Work 428,100 JTPA III-D (Edison Chouest) 770,300
Sales Tax Program Income 92,400 Rental Rehab Program Income 150,200 SHMA Program Income 28,600 State Brownfields Grant 21,900 Lead-Based Paint Grant 748,400 Emergency Rehab 500,000 Business Development 379,200 Business Development Program Income 370,000 SUBTOTAL - 1999 AND PRIOR YEARS $11,165,300
2000 Revenues: Administration: Personal Services $ 745,100 Materials and Supplies 19,100 Contractual Services 56,500 Other Charges 1,500 Improvements and Equipment 15,000 Transfer to General Fund 334,100 Transfer to Fleet Services Fund 80,000 Subtotal $1,251,300 Emergency Shelter Grants: Federal ESG $ 136,000 State ESG 151,000 Subtotal $ 287,000 Public Facilities and Improvements: $ 150,000
Subtotal $ 150,000 Public Service Projects: $ 459,500 TOTAL - ADMINISTRATION $2,147,800 Housing and Business Development: Personal Services $ 421,000 Materials and Supplies 19,400 Contractual Services 48,400 Other Charges 3,400 Improvements and Equipment 8,600 Subtotal $ 500,800 Programs: Business Development Small Business Development Program $ 500,000 CDBG Loan Program 150,000 Sales Tax Loan Program 75,000 Brownfields 500,000
Subtotal $1,225,000 Housing Reconstruction $ 200,000 Rental Development Program 800,000 Down Payment Assistance 212,300 CHDO 223,600 Wheelchair Ramp 75,000 Paint Your Heart Out- Shreveport (Federal) 250,000 Leased Rehab 100,000 Purchase Rehab 743,700 CDBG Program Income 200,000 HOME Program Income 260,000 SHMA Program Income 11,000 HOPE III Program Income 50,000 Rental Rehab Program Income 197,600 Section 108 Loan Program (S'port Renewal) 306,900 Housing Demolition 200,000
Subtotal $3,830,100
TOTAL - HOUSING & BUSINESS DEV. $5,555,900
Workforce Development:
LAJET Program: Personal Services $ 221,500 Materials and Supplies 9,400 Contractual Services 67,000 Other Charges 53,100
Subtotal $ 351,000 Welfare to Work: Personal Services $ 301,100 Materials and Supplies 9,400 Contractual Services 492,000 Other Charges 4,700 Improvements and Equipment 800 Subtotal $ 808,000 WIA Program - Adults: Personal Services $ 339,000 Materials and Supplies 7,000 Contractual Services 497,500 Other Charges 12,000 Subtotal $ 855,500
WIA Program - Youth: Personal Services $ 634,700 Materials and Supplies 4,000 Contractual Services 252,000 Other Charges 4,000 Subtotal $ 894,700 WIA Program - Dislocated Workers: Personal Services $ 397,300 Materials and Supplies 12,000 Contractual Services 958,000 Other Charges 20,000 Subtotal $1,387,300
TOTAL - WORKFORCE DEVELOPMENT $4,296,500 Codes Enforcement: Personal Services $ 859,300 Materials and Supplies 49,200 Contractual Services 449,000 Other Charges 363,300 Improvements and Equipment 81,600
TOTAL - CODES ENFORCEMENT $1,802,400 GRAND TOTAL - APPROPRIATIONS (2000) $13,802,600 GRAND TOTAL - ALL APPROPRIATIONS 24,967,900 BE IT FURTHER ORDAINED that Sections 3 through 6 of Ordinance No. 161 of 1999 shall remain unchanged and in full force and effect. 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, Mayor Pro Tem /s/Arthur G. Thompson, Clerk of Council AN ORDINANCE AMENDING THE 2000 BUDGET FOR THE RIVERFRONT SPECIAL REVENUE FUND 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 necessary to amend the 2000 budget for the Riverfront Special Revenue Fund, to provide funding for a capital project and for other purposes. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport, in legal session convened, that Ordinance No. 162 of 1999, as amended, the 2000 budget for the Riverfront Special Revenue Fund, be further amended and re-enacted as follows: In Section 2 (Appropriations):
Increase Operating Reserves by $273,000. Increase Transfer to Capital Projects Fund by $325,000. Decrease Transfer to Debt Service Fund by $598,000. BE IT FURTHER ORDAINED that the remainder of Ordinance 162 of 1999 shall remain in full force and effect. 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, Mayor Pro Tem /s/Arthur G. Thompson, Clerk of Council AN ORDINANCE TO AMEND CHAPTER 106 OF THE CODE OF ORDINANCES, THE CITY OF SHREVEPORT ZONING ORDINANCE, BY AMENDING AND REENACTING THE SECTION REGARDING REQUIRED PARKING SPACES, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO BE IT ORDAINED by the City Council of the City of Shreveport, Louisiana, in due, legal and regular session convened, that Article X1, Division 2, Sec. 106-1338 of the Code of Ordinances, the City Zoning Ordinance, is hereby amended to read as follows: Sec. 106-1338. Required parking spaces. The following amounts of offstreet parking spaces shall be provided according to the classification of uses that follow. If a use is not readily determinable by this schedule, the number of spaces shall be based on a reasonable assessment of need by the Zoning Administrator.
(1) Uses requiring one (1) parking space for each 100 square feet of building area Beauty and barber shops Health studio, athletic club
Multi-purpose facility (no fixed seating) Restaurant, lounge, dance hall Tanning salon (2) Uses requiring one (1) parking space for each 150 square feet of building area Medical, dental, therapy clinic
(3) Uses requiring one (1) parking space for each 200 square feet of building area Mixed use structures, ie. malls, shopping centers, strip centers: Less than 25,000 square feet Retail, general business (4) Uses requiring one (1) parking space for each 250 square feet of building area Bank, loan, finance office General office Mixed use structures, ie. malls, shopping centers, strip centers: Over 25,000 square feet Personal trainer, 1 client at a time by appointment only (5) Uses requiring one (1) parking space for each 300 square feet of building area Club, lodge Library, museum (6) Uses requiring one (1) parking space for each 400 square feet of building area Furniture store, retail Industrial and manufacturing establishments
Warehousing and Industrial Uses with less than10,000 square feet (7) Uses with required parking based upon number of employees Nursery, day care, kindergarten, 1 per employee, plus 20 lineal feet of off street driveway per 8 children/adults enrolled. Warehousing and Industrial Uses with more than10,000 square feet, 1 per 3 employees (8) Uses with required parking based upon number of seats Church, 1 per 3 seats Funeral home, 1 per 3 seats Theater, auditorium, gymnasium, convention hall, 1 per 3 seats (9) Uses with required parking based upon number of rooms Hotel, motel, 1 per guest room Roominghouse or boardinghouse, 1 per guestroom (10) Uses with required parking based upon number of beds
Fraternity or sorority house, 1 per bed
Hospital: General acute care, 1 per 1 ½ beds Extended care or sanitarium, 1 per 2 beds Convalescent or nursing, 1 per 5 beds
Group home, 1 per 4 beds (11) Uses with required parking based upon number of units
Dwelling, multifamily: Up to 500 square ft. unit, 1.5 per unit 501 to 700 square ft. unit, 1.75 per unit Over 700 square ft. unit, 2 per unit Dwelling, multifamily; mid- or high-rise: 4 to nine stories, 1.25 per unit Over nine stories, 1 per unit Dwelling, one-and two-family, 2 per unit Dwelling, townhouse, 2 per unit Travel trailer park, 1 per trailer space (12) Uses with undetermined required parking
College, school, university: determined by the planning commission or 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. /s/Phil Serio, Mayor Pro Tem /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 EAST SIDE OF N. MARKET, 500 FEET NORTH OF POLEMAN ROAD, SHREVEPORT, CADDO PARISH, LOUISIANA, FROM R-1D, URBAN, ONE-FAMILY RESIDENCE DISTRICT TO B-1, BUFFER 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 Lot A, North Highlands Subdivision, Unit #1, Shreveport, Caddo Parish, Louisiana, property located on the east side of N. Market, 500 feet north of Poleman Road, be and the same is hereby changed from R-1D, Urban, One-Family Residence District to B-1, Buffer Business District. SECTION II: THAT the rezoning of the property described herein is subject to compliance with the following stipulation:
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, Mayor Pro Tem /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 SOUTH SIDE OF HOLLYWOOD AVENUE, 200 FEET EAST OF DOWDELL STREET, SHREVEPORT, CADDO PARISH, LOUISIANA, FROM R-1D, URBAN, ONE-FAMILY RESIDENCE 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 after having earlier been considered and denied at a public hearing by the Shreveport Metropolitan Planning Commission of Caddo Parish, Louisiana, that the zoning classification of Lots 10 and 11 and ½ of the abandoned adjacent alley, Block B, Woodrow Place Subdivision, Shreveport, Caddo Parish, Louisiana, property located on the south side of Hollywood Avenue, 200 feet east of Dowdell Street, be and the same is hereby changed from R-1D, Urban, One-Family Residence District to B-2, Neighborhood Business District. SECTION II: THAT the rezoning of the property described herein is subject to compliance with the following stipulation:
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, Mayor Pro Tem /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 NE CORNER OF ARTHUR AVENUE AND YOUREE DRIVE, SHREVEPORT, CADDO PARISH, LOUISIANA, FROM SPI-3, COMMERCIAL CORRIDOR OVERLAY DISTRICT TO SPI-3-E, COMMERCIAL CORRIDOR OVERLAY/EXTENDED USE DISTRICT, LIMITED TO BUSINESS OR PROFESSIONAL OFFICE 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 Lot 74, Unit #2, Broadmoor Terrace Subdivision, property located on the NE corner of Arthur Avenue and Youree Drive, Shreveport, Caddo Parish, Louisiana, be and the same is hereby changed from SPI-3, Commercial Corridor Overlay District to SPI-3-E, Commercial Corridor Overlay/Extended Use District, limited to business or professional office only. SECTION II: THAT the rezoning of the property described herein is subject to compliance with the following stipulation:
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, Mayor Pro Tem /s/Arthur G. Thompson, Clerk of Council UNFINISHED BUSINESS (legislation remained tabled):
NEW BUSINESS:
Motion by Councilman Huckaby, seconded by Councilman Stewart to uphold the decision of the Zoning Board of Appeals. Motion approved by the following vote: Councilman Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Mayor Pro Tem: Councilman Serio. 1.
Motion by Councilman Stewart, seconded by Councilman Carmody to postpone the application until the April 11, 2000 meeting. Motion approved by the following vote: Councilman Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Mayor Pro Tem: Councilman Serio. 1. Councilman Stewart: With the permission of the Council, may I add something to the record. This is merely a summary of the comments that were made yesterday when we were not on the record. I would like to register my request from Mr. Kirkland and the members of his staff for a review of this at their earliest convenience and add for information based on what I have been given by residents and members of a various associations, that my appreciation from the information at the city level is: 1) Wendy's did in fact get outside of the appropriate manner of handling this by making changes without the appropriate submissions and requests to the appropriate planning responsible parties. 2) They have been seriously amiss and ignoring requests from one or more neighbors, polite requests, for consideration of their presence in this area. 3) This certainly contradictory, totally contradictory, to all of their prior actions and efforts because this is one of the nicest facilities in the community and did in fact originally, on the drawing boards, created something that was to fit in the community, was to be a real asset and has been and it is of a great concern that it seems to have drifted by management error in another direction. But this is not a scolding as much as I want it to appear to be just a mere statement of the facts and I feel comfortable that with the leadership of Mr. Kirkland and with ya'lls help, we will get an appropriate resolution. REPORTS FROM OFFICERS, BOARDS AND COMMITTEES. None. CLERK'S REPORT. Letter of Appeal:
Mr. Thompson: We've received a letter of appeal of a decision of Property Standards Board from Mr. Bobby Ward. If there are no objections by the Council, we will notify Mr. Ward by letter tomorrow that the matter will be heard by the Council and decided on April 11th at a regular Council meeting, it will be put on the agenda at time. Councilman Burrell: I just wanted to make a statement for the public and for those who are interested in the old Sheraton property on Greenwood Road, to reiterate the fact that we will be hearing it on April 11, 2000 here in the Council Chambers in a regular Council session and request that those interested parties be present at that time. Mr. Thompson: Under the ordinance and under the Council Rules it will not be a public hearing at that time, so people from the audience will not be allowed to speak. However, if the Council should decide that a public hearing is necessary it can call one on that date for a later date but people will not be able to speak, under the rules, at that time. Councilman Burrell: And also for the benefit of the public, although you won't be able to speak, it will be a show of support of the work of the citizens to try to take care of this matter. COMMUNICATIONS AND MISCELLANEOUS MATTERS. The Council resolved itself into Committee of the Whole on motion by Councilman Shyne, seconded by Councilman Spigener and approved by the following vote: Councilmen Stewart, Carmody, Spigener, Shyne and Burrell. 5. Nays: None. Mayor Pro Tem: Councilman Serio. 1. Absent: Councilman Huckaby. 1. Motion by Councilman Shyne, seconded by Councilman Carmody that the Committee Rises and Report and convene itself as the Council. Motion approved by the following vote: Councilmen Stewart, Carmody, Spigener, and Shyne. 4. Nays: None. Mayor Pro Tem: Councilman Serio. 1. Absent: Councilmen Huckaby and Burrell. 2. There being no further business to come before the Council, the meeting adjourned at 4:40 p.m. /s/Phil Serio, Mayor Pro Tem /s/Arthur G. Thompson, Clerk of Council
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