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COUNCIL PROCEEDINGS OF THE CITY OF SHREVEPORT, LOUISIANA OCTOBER 10, 2000 The regular meeting of the City Council of the City of Shreveport, State of Louisiana, was called to order by Chairman Patricia Spigener at 3:10 p.m.,Tuesday, October 10, 2000, in the Council Chamber at the Police Facilities Building (1234 Texas Avenue). Invocation was given by Councilman Shyne. On roll call, the following members were Present: Councilman Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Absent: None. Motion by Councilman Burrell, seconded by Councilman Carmody for approval of the Summary Minutes of the Administrative Conference of September 25, 2000 and the Minutes of the Regular Meeting of September 26, 2000 and the Agenda as Amended on October 9, 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. Councilman Shyne: I would just like to commend the Public Works Department for doing an excellent job, in the other day, for cleaning out the ditches in some of the areas there in District F. I think this will help to alleviate some of the drainage problems that we have when our rainy season kick in. I don't really think that we've been cleaning them out like we should and I just want to commend you all for coming out and doing an excellent job. Councilman Burrell: I echo the same thing that Councilman Shyne is say. Out in Broadacres Road which is way outside on the far west end of the city during the National Night Out there was some residents there who was concerned about drainage and Public Works did go out and clean the ditches and also clean out the culverts in that area which they are very appreciative. Public Hearing: Councilman Spigener: We have no Public Hearings today, however on October 23 we will call a Public Hearing on Ordinance 162 which we are considering the ordinance which would make it unlawful to make left turns from Village Green onto Sophia Lane so that will be at our next meeting that we will have that public hearing. Confirmations and/or Appointments: (1) Motion by Councilman Burrell to confirm Fred McClanahan to the 911 Board, seconded by Councilman Serio. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. (2) Motion by Councilman Serio to confirm Pammela Lattier to the Greater S'port Human Relations Commission, seconded by Councilman Shyne. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. (3) Motion by Councilman Carmody to confirm Raymond Alley, Airport Authority, seconded by Councilman Serio. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. (4) Motion by Councilman Shyne to confirm Dale Sibley, Metropolitan Planning Commission seconded by Councilman Burrell. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. The Council considered the CONSENT AGENDA legislation. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:
Motion by Councilman Carmody, seconded by Councilman Huckaby for Introduction 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. INTRODUCTION OF RESOLUTIONS: 1. Resolution No. 192 of 2000: A resolution authorizing the Mayor to execute grant documents with the Louisiana Safety Commission and otherwise provide with respect thereto. 2. Resolution No. 193 of 2000: A resolution authorizing the Mayor to donate surplus property, one rescue truck to Desoto Parish Fire District Eight, and to otherwise provide with respect thereto. 3. Resolution No. 194 of 2000: A resolution authorizing the Mayor to donate surplus property, one national medic unit to Caddo Parish Fire District Nine, and to otherwise providing with respect thereto. INTRODUCTION OF ORDINANCES: None. ADOPTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:
Motion by Councilman Stewart, seconded by Councilman Carmody for Adoption of the Resolution on the Consent Agenda. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. RESOLUTION NO. 191 OF 2000 A RESOLUTION ACCEPTING ADDITIONAL DEDICATION FOR MERCEDES-BENZ DRIVE AND SUGARLAND DRIVE IN SECTION 32 TOWNSHIP 17 NORTH, RANGE 13 WEST, 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 dedications for Mercedes-Benz Drive and Sugarland Drive in Section 32 Township 17 North, Range 13 West, Caddo Parish, Louisiana, and as shown on the plat attached hereto and made a part hereof, be and the same are hereby accepted as dedicated to the public for public use in the City of Shreveport. BE IT FURTHER RESOLVED that to comply with LSAR.S. 18:201, a certified copy of this resolution tobe furnished to the Registrar of Voters for Caddo Parish, Louisiana. BE IT FURTHER RESOLVED that a certified copy of this resolution and the original plat reflecting the CONTINUED - RESOLUTION NO. 191 OF 2000
additional dedications for the two streets be recorded in the official records of the District Court for 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. ORDINANCES: None. REGULAR AGENDA LEGISLATION: RESOLUTIONS ON SECOND READING AND FINAL PASSAGE OR WHICH REQUIRE ONLY ONE READING: RESOLUTION NO. 186 OF 2000
A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR A LOAN UNDER SECTION 108 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AND TO OTHERWISE PROVIDE WITH RESPECT THERETO. WHEREAS, the City of Shreveport is committed to significantly contributing to the elimination of slum and blight, and job creation and retention; and, WHEREAS, the City of Shreveport, has implemented the Shreveport Inner City Economic Development Initiative (SCIEDI) which is a collaborative effort to increase access to capital and credit for businesses and entrepreneurship, and provide employment and business opportunities for low-to-moderate income citizens in the City of Shreveport; and, WHEREAS, the initiative will target the commercial strips along Greenwood Road and Jewella Avenue with emphasis placed on improving the overall infrastructure, reducing the perception of crime, and improving housing conditions in this area in order to generate sustainable economic development in the Queensborough neighborhood. The project will be executed within and supported by the overall revitalization plan called the Shreveport Model Block Program; and, WHEREAS, SICED I will meet the national objectives contained in 24 CFR Part 570.208(a)(4) by providing jobs to low-to-moderate income persons and job retention; and 24 CFR 570.208(a)(1) by scheduling activities that will benefit an area where 51% of the residents are low-to-moderate income. Preliminary calculations indicate that the project will produce more than 1,500 permanent jobs and about $2,000,000 in tax revenues. An estimated 80% of the jobs will be available for low-to-moderate income persons. Sixty (60%) of these jobs will be created from expanding companies, and 40% will be created by new and existing companies. WHEREAS, in furtherance of the City's objectives of eliminating slum and blight and providing job creation and retention, the City of Shreveport proposes to apply to the United States Department of Housing and Urban Development (HUD) for a Section 108 Loan in an amount not to exceed $2,500,000 in order to provide for the Shreveport Inner City Economic Development Initiative; and, WHEREAS, Section 108 of the Housing and Community Development Act of 1974, allows communities that receive an annual Community Development Block Grant to borrow up to five times the amount of the annual entitlement with repayment guaranteed by the entitlement for those Section 108 eligible projects and activities; and, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shreveport in due, regular and legal session convened, that the Department of Community Development is authorized to file an application with the United States Department of Housing and Urban Development for a loan under Section 108 of the Housing and Community Development Act of 1974 in an amount not to exceed $2,500,000. BE IT FURTHER RESOLVED that the loan authorized by this resolution shall be for the purpose of overall revitalization in the Queensborough neighborhood in order to generate sustainable economic development. BE IT FURTHER RESOLVED that the City of Shreveport will direct and administer all Section 108 loan funds and EDI funds through its Department of Community Development Business Loan Program. BE IT FURTHER RESOLVED that the Section 108 loan authorized by this resolution shall be repaid to the Department of Housing and Urban Development by the City of Shreveport over a 20-year period. BE IT FURTHER RESOLVED that the Mayor of the City of Shreveport is authorized to sign all documents necessary to complete the application process for the Section 108 loan. If the loan application is approved by HUD, the Mayor is authorized to sign all documents necessary to complete the loan transaction. 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 Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. RESOLUTION NO. 188 OF 2000 A RESOLUTION AMENDING RESOLUTION NO. 158 OF 1996, AUTHORIZING THE MAYOR TO EXECUTE FRANCHISE AGREEMENTS FOR TELECOMMUNICATIONS SERVICES OR FACILITIES AND OTHERWISE PROVIDING WITH RESPECT THERETO. WHEREAS, Resolution No. 158 of 1996 authorized the Mayor to execute franchise agreements for telecommunications services; and WHEREAS, said standard franchise agreement did not contemplate franchises for companies which wish CONTINUED - RESOLUTION NO. 188 OF 2000
to use the public right of way for telecommunications facilities but which do not intend to provide telecommunications services to the public within the City of Shreveport. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, legal and regular session convened that Resolution No. 158 of 1996 is hereby amended as follows:
On the second page, after the NOW, THEREFORE, BE IT RESOLVED paragraph, insert the following: "BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute an Addendum to said franchise agreement substantially in accordance with the draft thereof filed in the Office of the Clerk of Council on October 10, 2000, with any company which requests the use of the public right of way for telecommunications facilities but which does not provide telecommunications services to the public within the City of Shreveport." 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.
Read by title and as read motion by Councilman Burrell, seconded by Councilman Stewart passed by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. RESOLUTION NO. 189 OF 2000 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE STATE FAIR OF LOUISIANA, INC., TO EXCHANGE ONE SURPLUS DUMP TRUCK FOR ONE TRASH TRAILER AND TO OTHERWISE PROVIDE WITH RESPECT THERETO WHEREAS, the City of Shreveport has a surplus dump truck which is no longer needed for city purposes; and WHEREAS, the State Fair of Louisiana, Inc. needs a dump truck for the disposal of animal waste during the Louisiana State Fair; and WHEREAS, State Fair of Louisiana, Inc. has a surplus trash trailer which it has offered to exchange with the City of Shreveport for the surplus dump truck; and WHEREAS, each party has agreed to accept all responsibilities, financial obligations and liability associated with the acceptance of the exchange of the surplus vehicles; and WHEREAS, the Shreveport dump truck to be exchanged is more particularly described as: 1982 Ford 8000,14yd Tandem Dump Truck, Serial number 1FDYW8049CVA49655; and the trash trailer is more particularly described as: 2000 model, sixteen foot Trash Trailer, Serial number 1L9F16201YBO37009. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, regular and legal session convened, that the dump truck unit more particularly described above is declared surplus property of the City of Shreveport. BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized to execute an agreement with State Fair of Louisiana, Inc. substantially in accordance with the exchange agreement attached herewith. 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 Huckaby, seconded by Councilman Serio passed by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. The Deputy Clerk read the resolution by title: Resolution No. 190 of 2000: A resolution approving the lease agreement between Shreveport Airport Authority and HASCO Aviation Properties/Shreveport Air Cargo I, L.L.C.. for a new air cargo facility at Shreveport Regional Airport, and otherwise providing with respect thereto.
Read by title and as read motion by Councilman Serio, seconded by Councilman Carmody for passage. Councilman Shyne: I have some issues and I have been given some additional information and I believe you all, I believe I had some of the copies passed off and put in front of the Council members. I think on September 29th Mr. Thompson asked Ms. Julie Glass if the approval of the lease required special or additional advertising before it could be adopted. And I have some information here that that question was never answered. And I also have some information that there might be a deeper question and that is whether this lease should be put into the bid process. And I believe I have some information here that says that this question was asked to Mr. Roy Miller and I believe the City Attorney at that particular time, and as of me receiving this information, I don't think any of this has been answered at that particular time to see if we've gone through the entire legal process. Madame Chairman at this particular point, I would like to ask Mr. Miller to come up to respond to that because I have some reservations about the whole situation. Mr. Miller: This was forwarded to City Purchasing last year to be advertised properly. I talked to Ms. Glass earlier today, to my knowledge, the Purchasing Department did advertise it properly. Ms. Glass: First, I would say that I did talk to Mr. Lafitte about this earlier today but he was out. He recognized that there were issues relating to the proper advertising and he was not, at that point, ready to give a definitive answer. I will say that I did talk to Mr. Miller about it. If I could try to explain what the issue was. Mr. Thompson asked me whether he should do the advertising which he normallydoes under many city leases which is after it is introduced at the Council, advertised 3 times within 15 days; that is one particular statute. However, when I looked at it, I found that there is a specific statute for leases of airport property. So, his answer was the one he was suppose to advertise under did not apply. So then the question I was not sure of and I wondered whether Mr. Lafitte and Mr. Miller had looked at it, was whether they had met the requirements of the airport statute. Under that statute, I still don't know what the answer is, exactly. Mr. Miller has told me that they did do an advertising, that was done as an advertising for a Request For Proposal, which is very similar to but slightly different from advertising for bids. I can't give you a definite answer at this point, that yes the statute has been met, it appears they may have met it but since I just got involved with this in the last day, really Mr. Lafitte nor I have had time to give a definitive answer on it. Councilman Spigener: But, Mr. Miller from your point of view and what was done in the past, it was your understanding that this issue had been taken care in a Legal and a proper manner.
Mr. Miller: The initial advertising was forwarded to Purchasing for review prior to being advertised. It was then advertised both locally and nationally. We had a pre-proposal conference. We received submittals. Those were then reviewed by the City Purchasing Department, so we had no reason to believe that there has been anything other than proper advertising accomplished. Councilman Shyne: I respect Mr. Miller's knowledge about the Airport but I would say, that he is really not an attorney and I believe that that is what we pay our City Attorney for and we don't really want to start getting legal opinions from our City Attorney, I would say hey let them all go, lets fire them all and we can save some money in the budget if we want department heads to start giving us legal opinions. To me, this is too important and it is really almost like a sweet heart deal. We are talking about a 20 year contract and we are going to engage in a 20 year contract, we can't wait two weeks to make sure that we have everything ironed out. I believe just a couple of, maybe a month or two ago, Councilman Carmody had the same concern about a contract that was for 10 years. And I think at that particular time, the investor was in the process of putting hundreds of thousands of dollars into city property that he would buy equipment so that we could get the Independence Stadium ready for the football game. I know we are in a hurry here, I know we are trying to meet a deadline and I know everything is rolling, but I want to make sure that we are doing what we need to do before we get ourselves involved into a 20 year contract, that's a long time gentlemen and ladies, that's an extremely long time. I have not heard back from Mr. Williams or the gentleman who had called me, Mr. Lester, to see if there was an opportunity for us to live up to our fair share plan of including minorities into such contracts. At this particular time, my position is, lets postpone it for two weeks and find out if all of the legal "i-s" and "t-s" have been dotted; Councilman Huckaby, I'll yield to you. Councilman Huckaby: Madame Chairman, I'd like to ask Mr. Miller a couple of questions, please. Mr. Miller, is the contract in its final form? Mr. Miller: We are still waiting to get all of the signature pages. We have signature page from Hasco and we've not signed the form because it has to go through this body before the Authority can execute them. Councilman Huckaby: So the only thing incomplete about the contract is, approval of the City Council? Mr. Miller: To my knowledge, Attorney John Madison has been reviewing that and working those issues with Hasco. It is my understanding, they've resolved all of the language issues and it is, if it is not in final form it is Mr. Madison's office in final form. Councilman Huckaby: I apologize for not having been here on yesterday, Madame Chairman, but I was tied up in court but I'd like to ask a couple more questions that may have been answered yesterday, but I'm not sure. In what form is the City Council participating in this project? Mr. Miller: The ordinance that the Airport Authority operates under, require that any leases over 15 years have to have the City Council approval to extend the term. Councilman Huckaby: The property that is involved, who owns the property? Mr. Miller: The property is owned by the City of Shreveport, operated by the Shreveport Airport Authority. Councilman Huckaby: And how is this project to be financed? Mr. Miller: It'll be financed by the developer. At the end of the term, the property with its improvements will belong to the Airport Authority and the City. Councilman Huckaby: Being financed by whom? Mr. Miller: Hasco, Shreveport LLC is putting up the money to build the facility and at the end of the term, the improvements will revert to the Airport Authority. Councilman Huckaby: Who is Shreveport LLC? Mr. Miller: They are Hasco. That's the LLC that they proposed under, it is Hasco. Hasco is a joint venture between Mr. Williams, as I appreciate it, a Mr. Samuels, a Mr. Harold and Links Air Cargo and they formed an LLC that is called "Shreveport Air Cargo I, LLC". Councilman Huckaby: They are doing the financing? Is that group doing the financing? Mr. Miller: Yes, sir the Caddo Bossier Port Commission is going to issue bonds that will be paid by the developer. Councilman Huckaby: Is there an actual investment by the LLC? Mr. Miller: I'm not aware of how the bond is put together. We are not involved in the financing. Councilman Huckaby: Who knows the answer to my question? Mr. Miller: I'd expect Mr. Williams or one of the principals would know that answer. I don't know how their financing is put together. Councilman Huckaby: What effort, if any was made to involve the African Americans or any other minority in this project? Mr. Miller: It is my understanding that the discussion was made between the developer and the Mayor's Office and the Fair share Office that there would be minority participation in the construction. There was no requirement in the proposal that there be any structure of how the partnership or the developers company was put together, we didn't dictate anything in that. Councilman Huckaby: What is the anticipated income per year? Mr. Miller: For the Airport Authority, approximately $50,000 per year for the first 5 years and then I believe there is ten percent (10%) override in Year 6 through Year 20. Councilman Huckaby: What is the anticipated income for the LLC? Mr. Miller: I don't remember that information. They did provide a per forma, but I don't remember the numbers. Councilman Huckaby: Who would have the answer to my question? Mr. Miller: I would have the document. I could provide to this body, it is in the file. They did give us a 20 year per forma that show their income. Councilman Huckaby: Who was responsible for soliciting or seeking out minority participation for this project? Mr. Miller: I wouldn't have an answer to that. Councilman Huckaby: Who would? Mr. Miller: I don't know. Councilman Huckaby: Well Mr. Mayor, Madame Chairman I'm concerned about the lack of minority participation in this project. The City of Shreveport is being used as a vehicle to enhance the pockets of private citizens. It is being financed by, bonds are being issued by a public body. We talk about fair share in this city and I think we ought to have, extend it to every faucet of government where the city is involved, whether fair share applies legally or not. I see no involvement here by minorities, African Americans especially, and I don't like the project. I think it is a sweetheart deal. Good for certain people in certain positions and it ought to be spreaded more broadly to involve everybody, at least give an opportunity to. I'm not sure that the question has been answered that the project has been bided properly or advertised properly. I don't think it is ready for a vote and I would move to postpone the matter until the next Council meeting. Councilman Spigener: Councilman Huckaby, I believe we have a motion on the floor and a second. I guess we would have. . . . Councilman Burrell: It would have to be a substitute motion. Councilman Spigener: Is that correct. . . . Ms. Glass: I believe that a motion to postpone is an incidental motion which if made, is taken up before the main motion. Councilman Serio: The bonds on this, are these public bonds or are these. . . . Mr. Miller: It is my understanding that the Port Commission is going to issue the bonds and they will be bought by private individuals. Councilman Serio: This is a private investment deal is what I understand, on public property? Mr. Miller: Yes, sir. Councilman Serio: When was this advertised, Roy? Mr. Miller: As I recall, it was May, 1999. I believe we opened in June, 1999. Councilman Serio: So how long has this project be out before the public, for public knowledge? Mr. Miller: We've addressed it at the Airport Authority for several meetings over the last year and a half. We had the proposal made in the public meeting after proposals were opened and there have been several other meetings where it has been an agenda item. Councilman Serio: So this is not something that just popped up in the last two weeks before this Council meeting? Mr. Miller: No sir, the Airport Authority over the last year and half has diligently negotiated with the developer to make sure that the RFPs was compiled with in the best interest of the Authority and the City was upheld. Councilman Serio: Any time you have a development like this, it takes place in the Airport are all of the bonds always public bonds or are they government bonds some times? Mr. Miller: We have only, in my tenure, we've only done one bond issue and that was a revenue bond issue for the terminal project, that was a public project. We've not done any, to my knowledge, finances where private individuals let bond as these individuals are doing so I don't have any knowledge of how that works. Councilman Serio: Julie, with a private bond issue like this, does that fall under the same category as a public bond? Ms. Glass: No, I don't think so. I mean it is being issued by a private entity, the rules that apply to the City would be different. Councilman Serio: I mean, I just hate at the last moment we are coming up and bringing questions forward that should have been brought forward a year and a half ago. I don't understand, also with the time frame when would this project be completed? Mr. Miller: We are asking the developer be under construction by December 31st this year and it is about a year a construction period to build the facility. Councilman Serio: So you are looking at right now of being complete sometime the first quarter of 2002? Mr. Miller: Yes, sir. Councilman Serio: And when that is completed, that is going to house what facility, what businesses? Mr. Miller: It will be between 60 and 70,000 square foot of building and the anchor tenant, as I appreciate it, probably will be Federal Express. Councilman Burrell: First of all, I hadn't really got into this issue of the Shreveport Airport Authority and Hasco and I basically been listening for the last couple of days as to how this was put together. I don't have a problem with any enterprise being done here in the city of Shreveport that is going to enhance the well being of the City, but I am concerned especially as I am sitting here listening to Julie and we are asking her questions and questions that she doesn't seem to, at this juncture, feel comfortable in saying yes on to give us a level of comfortability that the attorney has investigated this matter to the extent that all the proper bidding has been done and other deadlines has been made. Definitely, we don't want to hold up any project that could go forward, but at the same time I think we on this Council under many situations have tried to wait and get a clear opinion from our City Attorney that they are comfortable that we should move ahead and Julie, am I not getting that or I know on one issue you said, yes but on the main issue as I see it, you are still wavering saying that you are not very comfortable with the bid process. Even the things that Roy is talking about there, I know that he may have these dates, but do you have a copy of these documents, these bid documents to say when they went out for bid and for advertisement? Ms. Glass: Mr. Burrell, I am not the attorney for the Airport Authority. I have not ever been in my 20 years here; that's why I referred it to Mr. Lafitte and/or Mr. Madison to both advise the Airport Authority. I talked to Mr. Miller today because I wanted him to know that these issues were coming up and that's when he told me that they had done the RFP and I felt that I need to give you that information. But it has not, I've referred the question to Mr. Lafitte and I talked to him on the phone today and he told me that he was not in a position to give an absolute definitive answer, today. Councilman Burrell: Since you are here as our attorney to give us your legal position so we can decide whether to move forward or not, then you are still saying that you have not gotten the information where you could actually tell us to go forward based upon what you've asked? Ms. Glass: That's correct. There are some legal issues that are not perfectly clear. For example, they did the RFP in May, 1999. The Legislature amended the statute in summer 1999; so, I'm not sure at this point whether that particular section that we were looking at applies because they had already done the RFP or that it does not apply because it was already done or whether it does apply because they still have not entered into the lease and now the law is in effect and now we are looking at entering into the lease. It is some things like that, that I really would be more comfortable if the Attorney for the Airport Authority that have been involved in this up to this point, answer those questions. Councilman Burrell: Well my next question is, if we don't decide on today what type of financial repercussion or loss are we looking to take or the City is looking to take on this. I'm not so much concerned about others as I am about the citizens of Shreveport? Mr. Miller: Well the Airport Authority has no money in this project other than we are going to build taxiway connecting part of our master plan that is under an FAA grant. We are not putting any money in the freight development itself. So from the financial side, I can't address those issues. Those would have to be addressed to the developer. Councilman Burrell: But from your standpoint, and you are the . . . Mr. Miller: I do have an FAA grant on hold at this point waiting for us to being construction on the taxiway and we don't want to begin construction on the taxiway until we have an agreement with the developers so that there is a need to build the taxiway. Councilman Burrell: The Shreveport Airport Authority losing money if we don't pass this today? Mr. Miller: Yes, sir we'd lose the rental income from the 10 acres that we are going to lease the developer. We are leasing 10 acres of property for this development and we'd lose the ultimate ownership of the building that is going to revert to the City at the term of the lease. Councilman Burrell: Why would you lose that? Mr. Miller: Well, if we don't build it, we wouldn't get it. Councilman Burrell: I'm sorry? Mr. Miller: If they hadn't built the facility, we would have to either build the facility with our money or. . . Councilman Burrell: Well, we are not going to build it in two weeks. Mr. Miller: No, sir. You are talking about for the 2 week period. Councilman Burrell: For the two week period. Mr. Miller: I don't see that there is an investment for the Airport Authority over 2 weeks one way or the other, other than that Federal Aviation Administration would like us to give them a decision as to whether or not we are going to proceed so that they can release the federal funding for the construction of the taxiway. Councilman Burrell: I'm trying to get a clarification as to where we are and there is still some questions that are out there that for you to push the button yes or no and they are not answered, you know what penalty are we looking to suffer from this, and I don't see that. I don't see any penalties per se to try to get these things cleared up to make sure that we are all comfortable with the situation here. Councilman Spigener: Mr. Miller, I believe I understood Ms. Glass say that Mr. Madison is the Attorney that has assisted you in this or guidance for the Airport Authority. Mr. Miller: He and Mr. Lafitte have both been involved in the legalities of this contract. Councilman Spigener: And I believe Ms. Glass brought up an issue about something that the Legislature changed a month after this agreement was made. Is Mr. Madison aware of this, have you had any discussion with him about this issue? Mr. Miller: I'm not sure if he and Ms. Glass have communicated or not. Ms. Glass; We have not discussed it. I think in my discussion with Mr. Miller, that they had sent it to the City Purchasing Department assuming that the Purchasing Department knew how to handle it. The problem was that it was an unusual situation because it dealt with the Airport property so I'm not sure that the attorneys were really end on it at that time. Mr. Miller: Typically any time we would advertise for something for bid, whether it is a construction project or concession agreement or this type of development we send it to the City Purchasing Department, who reviews it. In many cases edits what we are doing. In this case they did and changed some of the requirements so that it would comply with the law. The City Purchasing Department then advertises for bid and accept, or proposal or qualifications, accepts those and then sends them to the Airport Authority after they have been reviewed. We rely on the City Purchasing Department so we were unaware at my level that there was a problem with the bid. Councilman Huckaby: Madame Chairman, we have before us a project that involves some legal issues. Our legal authority is the City Attorney. Some issues have been presented to him and according to Ms. Glass he has not responded or addressed those issues. He has indicated that he has not dealth with those issues. What is the rush to move on this deal today where the city nor the Airport have any real investment. There will be no loss for a two week postponement. In addition to that issue, of the legality of the project I would still like to have some answers from somebody involved in this project as to who is putting up what, and what effort was made by whom, if any, to involve minorities, African Americans particularly in this project. Are we going to give credence to the Fair share program or not. Will this project give any regard for the fair share program of the City of Shreveport or not. Are we going to run over the Fair share Program and just vote on issues? Are we going to disregard the lack of an opinion from the City Attorney and vote any way? I don't think we should. There is no indication that the City will lose anything by a two week postponement, again, I make my motion to postpone. Councilman Stewart: Ms. Glass, if I understood you correctly and from my notes I would have 3 or 4 questions for you. (1) You said there were several issues. You dealth with only one issue or you only understood one issue to be mentioned by you and that had to do with subsequent changes in the state law which I assume has a time frame question. What are the other pertinent issues, summarized briefly, that you believe to exist? Ms. Glass: The other issue is the same issue of whether advertising or what type of advertising requires-there is a subsection of the same statute that provides exception for certain types of facilities on the Airport property. One is air carrier and fixed based operators. There is some question as to whether this facility would fit within the exception. Councilman Stewart: Those are the only two items? Ms. Glass: I believe that is correct. It is not that I could not answer that given some research, it just felt that the attorney who had been advising theAirport Authority would be better to answer. Councilman Stewart: From a general viewpoint, for all of us I would sense I'm looking at the notes, that if Mr. Thompson had not asked the question, these issues would not have been raised and wouldn't be a part of what we are dealing with today? Is that correct in your opinion? Ms. Glass: That may be true. Councilman Stewart: I would assume theoretically that these issues should have been embraced by counsel for the City and by counsel for the Airport Authority. Ms. Glass: That was why I wanted to refer it back to them to see if they had looked into. Councilman Stewart: Do you have any idea why it wasn't embraced prior to this time? Ms. Glass: I don't know. The only thing I know from talking to Mr. Miller, as I said, they were under the impression that the City Purchasing Department had taken care of the advertising, therefore, they didn't ask for an opinion on it. Councilman Stewart: They being who please? Ms. Glass: The Airport Authority did not ask for an opinion on it, thinking that it was taken care of by sending it to Purchasing.
Councilman Stewart: Mr. Thompson, would you add anything to those comments? Has she adequately summarized from her position, those questions that were in your mind. Mr. Thompson: The only question in my mind was, whether or not our office was suppose to do any special advertising and therefore I referred that question to her and that was the only question in my mind. Councilman Stewart: Our office being the City Council? Mr. Thompson: That is correct. Councilman Stewart: Mr. Miller do you have any comments about any questions that I posed or any of the answers that I received? Mr. Miller: No, sir. Again, as I stated we typically lease property, is what we do and we have ordinances that provide certain powers to Airport Authority to contract and lease property as long as it in accordance with city ordinances and revised statutes. We assumed that the City Purchasing Department comply with those also so we don't internally do the advertisements. So we did the thing as we typically do them, the only difference here is that the developer asked for a term longer than 15 years. The Airport Authority is limited to 15 years and therefore has to come before this body to have the additional five years. But we had no reason to believe that this had not been advertised properly and to my knowledge it was. Councilman Spigener: We don't know that it wasn't advertised properly, we just have a question about that, am I falling this conversation. If this were a 15 year lease, this would not be before us? Mr. Miller: Most likely that's correct. It would have been approved by the Airport Authority as it has been and after final review by Legal Staff we would have been executing the agreement. Councilman Carmody: I did want to ask the Administration to address it and I know that Councilman Huckaby had asked the same question. To what extent that our Fair share Department been involved with this process to try to be inclusive with minority participation? Mayor Hightower: I know that in the selection of the architects and engineers and construction, the fair share is definitely applicable. As far as the ownership, there was no involvement from that standpoint. RFPs went out, I don't even know how many you guys received. I wasn't directly involved in it, because the Airport dealth with it which is a separate body away from myself and the Council so I don't know about the ownership in particular, but I know when Hasco was selected we did talk to them about fair share participation for architects and engineers. As a matter of fact Mr. Sharp's out here today on the engineering team and my understanding that you do have at least 25% minority participation, is that correct? (Mr. Sharp nodded in the affirmative). Mr. Miller: And Mr. Mayor as I appreciate it, the developer committed to you last year, he'd have 25% in construction. This pre-dated official adoption of the fair share program and the Mayor had asked at that time for the contractor or developer to have a fair share participation; so those issues were addressed. Councilman Huckaby: Is that part of the contract. Mr. Miller: Sir? Councilman Huckaby: Is that 25% in the construction part of the contract? Mr. Miller: I believe it is. I'll have to look and see if the language is specifically there, I believe it is. I know that we asked for affirmative action, those other things that we typically because it is on FAA funded property. The other issue is about who submitted, we did have 3 national companies that were interested in the project, only 1 submitted and typically national companies do 3-party developments. We patterned this after the development in Austin. Councilman Shyne: I think we have a deeper question that we need to look at. It is kind of like I was watching the football game last night and you had a black coach for each team and black quarterback for each team. Ten years ago, you wouldn't have seen that because the idea of being well, they don't really have the ability to be a coach. You might would have seen one quarterback. Now, I was glad to see a coach and a quarterback, but it would have been a whole lot better, when you look at the owner if you would have had some minority ownership. That is kind of like, driving the bus and owning the bus. When Councilman Huckaby was coming along, he couldn't see a black bus driver. It is good to have a black bus driver, but Phil, it is a whole lot better if you have got ownership in the bus, if I'm making any sense to you. I would rather for you to drive and let me own the bus. And it is kind of like this particular project, you know it is good to have blacks out there smoothing the concrete over, but after they go home I'd like to be the guy sitting in my den going over figures about what is coming in every month because I've paid that guy off and let him go home. If we truly believe now, that we are our brother's keeper and if we truly believe that we want to do the right thing by opening up economic opportunities for everybody in the City of Shreveport, then we have no problems. If we believe that I'm my brother's keeper until I come to the table of doing business then we can always have something wrong. I don't think that we really did, morally, what we need to do in order to make sure that we had some minority investors in this particular contract. I thought that we had all agreed that any time we had a contract where city land or city money or city anything was involved, that we would make sure, from the ownership all the way up that we would have some minority and I'll say African American involved in it. I don't think we did that. I think yesterday we tried to rush through and it seemed like that was the attitude of the particular gentleman who came forward. Mater of fact he even accused me of holding him hostage and you know little boy like me, couldn't hold somebody who is as powerful and as rich as that gentleman is, I couldn't even hold his shoes hostage let along, him. I was only inquiring and make sure that we live up to what we said that we would do with the Fair Share Program. I think the Mayor came up with an excellent Fair Share Program, of course he had some help from some of us, which, that's the way it ought to be and it puzzles me why we are in such a hurry. I mean, your tooth could be hurting and you wouldn't be in a hurry for the dentist to pull your tooth until he x-rayed it and make sure that that was what he needed to do. You wouldn't want a doctor to operate on your heart, if he was not sure of what he was trying to do. I believe we are saying, hey lets look at this thing for two more weeks because it is just now, really there have been some questions that have come forward and we are talking about 20 years. I can't understand how 2 weeks will impede the progress of 20 years. I waited a long time to get on the City Council. Councilman Huckaby probably did too, if he looks like he looks today, he waited a long time. So, we are only asking for 2 weeks to make sure that we have all of the legal "i-s" and "t-s" crossed so you can go home and sleep and know that you made the right decision and you don't have to worry. And we can make sure, the gentleman who asked to look at it, we might not even have the money to invest in it and then again he might. I think that we need to start today to making sure that we live up to the Fair Share Program from the ground floor all the way up. I would ask you all, please lets postpone this for 2 weeks and I think when we come back in 2 weeks everybody will be happy and we can hit the ground running and we can know deep down in our hearts that we did the right thing. Madame Chairman thank you and I'd like to second Councilman Huckaby's motion. Councilman Serio: I have a question for Julie, how do you in a private business deal impose the fair share program on a private business deal on private investors that does not have public money in it? Ms. Glass: I think Mr. Shyne is talking about imposing it on the lease condition, which is the lease of public property. Councilman Serio: The lease of public property, but you can not bring, if you are trying to lease public property there is no ownership of that property that can be sublet out to anybody else but the City owns the property. How do you impose the ownership on a private enterprise, programs of the fair share program on a private enterprise that is going to take place on that property. I don't see how you can actually take a private investment, a private enterprise and basically reconvert their ownership management for this lease. Can you explain that to me legally, I am not sure I understand. Ms. Glass: I can try. Councilman Serio: I especially after a year and a half into this deal? Ms. Glass: I don't think the Council can specify what the ownership shall be, but I think they can refuse to approve the lease until they are happy with all the facts and all the conditions. And I have not really thought it thorough, but I think you can put conditions on the lease agreement. Councilman Huckaby: I think that whenever the city of Shreveport is involved, whether it be by lease, sale, purchase, or whatever, if we truly mean that we want to see fair share in this city, we can impose our influence on whatever the deal may be or we just don't participate. There is no deal if the city does not lease this property. The lease is a vital part of the project. So if the City sits on the lease and is encouraging the minority participation and there is none, the City does not have to lease the property. We have to encourage fair share. We have to encourage economic inclusion. We have to live by the spirit and the intent of the policy of the law that we have passed and we don't see that here. So I'm asking the Council to entertain and deal with the questions that are before us, the legal question and the question of minority participation. We can't continue to run over fair share on major projects and we are not just talking about in construction and in sales and in retail, we are talking about ownership. This city is populated by 50% African American people. To what extent and this gentleman has not answered the question yet, to what extent did the investors go out and seek ownership investment by minorities or by African Americans, I don't have an answer to that, I would like to know the answer to that. Was it advertised in the Shreveport Sun? Mr. Miller: I don't know the answer to that. Councilman Huckaby: Did the Fair share Office of Shreveport participate and actively seek and encourage African American participation? I seriously doubt it, and this is a good project from every aspect. It is going to make somebody some money, the kind of money we'd like to see some African Americans make. We want to see an effort, a diligent effort made to encourage, solicit, seek out and bring in African American people in these kinds of deals. Councilman Shyne: Madame Chairman just one other comment and Mr. Miller, this doesn't have anything to do with you, you are a fine gentleman and you are doing an excellent job, but it is kind of funny how we can always find reasons why we can't do something and we ought to be looking at reasons why we can do something. We hear that all the time, why you can't do this or why you can't do that. I think it is enough of us to find out and to come up with reasons why we can. Now, Councilman Serio who is doing an excellent job, if you accept money from the federal government, you are going to abide by the guidelines. If you don't they are not going to give you any money. The School System. If you have got a school system that is segregated and the federal government tells you to integrate it, and you say well, I'm not going to do it because we are paying the biggest bulk of the school system and they say well, you are not going to get my money. My position is these people can't actively reach out and try to bring a minority investor in, we don't need to let them have our land. I truly believe that we can find somebody who can bring in a minority investor and actually Mr. Miller, to be truthful with you I figure that this is something that the Airport really ought to be doing is building a cargo space because I see this as being booming industry. Cargo is growing by 20% every year, it is growing faster than passenger rate. We are in a good location. We could have cargo coming here to Shreveport within three or four hours could be over in the Dallas and Fort Worth area. It takes a plane longer than that in the Dallas-Fort Worth area to land and for them to unload it, so we are in an excellent position. Why should we let somebody come from somewhere else and make mega bucks on something that we could actually do, now look at that angle. But I still believe that we have to live up to our moral responsibility of actually living up to the fair share plan and that is from ownership all the way up. Councilman Spigener: I believe we have a motion and a second. Councilman Burrell: Let me get a clarification on that too because again, I think that where we are on this issue as it relates to today's discussion and I don't think that you are going to really work this thing out at this Council session not from the issues that are being brought. I guess where I sit is whether or not we are going to shove the questions that have been brought forth especially by our City Attorney as to whether not they are comfortable with recommending to us to decide upon this today or give it some time to go in and deal with some issue and I don't think even yourself, Madame Chair, if I would go back and ask these couple of questions whether you could actually give me a definitive answer on. And when we are in question like that, I don't see us, as Council members feel comfortable in talking to our voters and saying we did it. We voted on this to go ahead even when we were in question. That's really speaks to our, in many cases, our ability to not take care of the City business properly. I think we should feel real comfortable when we are doing this that all of the questions have been answered and I'm hearing that they have not been answered. And that goes back the basis of whether or not we should make a decision today or tomorrow and I think that is where this issue really set. Councilman Carmody: I agree with Councilman Burrell, some concerns and issues that have been raised here. In looking over Resolution No. 5 of our information, Mr. Miller it appears that there are four members of the Airport Authority who have voted for this? Mr. Miller: Yes. Councilman Carmody: How many of those members are African American? Mr. Miller: Two. Councilman Carmody: Out of how many? Mr. Miller: Four. Councilman Carmody: So half of your membership represents the black community, in essence? Mr. Miller: Yes, we have one vacancy. Councilman Carmody: You have one vacancy, okay. I would certainly think that those gentlemen are sensitive to the fact that they want inclusion and the possibility of economic benefit to members of their community as well. Granted we've now kind of split this hair a number of ways today, but I think that when we start to infringe upon private enterprise and what I perceive is that we can go ahead today and vote to defer for two weeks, will give an opportunity for at least one individual who has expressed to Councilman Shyne his desire to participate in potential upside of this venture that some other people have put together and brought before the City. Personally, I don't know that that is the right way to conduct business and I agree that we need to try and be inclusive especially when we are spending city funds, but if you've got a private entity which is what I believe Mr. Miller said who is going to put up their money, then in essence today, we are going to go ahead and hold them up in order to give one gentleman who has expressed an interest in buying into their deal and opportunity to see if he can come up with funds to do so if the number, I guess, is advantageous to him. I'm not sure that that it is good business. Councilman Spigener: Mr. Thompson, we are considering Resolutions on Second Reading and Final Passage or Which Require Only One Reading. This is not a one-reader, is that correct? Mr. Thompson: That's correct, it was introduced at our last meeting. Councilman Spigener: So it was on our agenda, it was Introduced two weeks ago and I guess the thing that sometimes is frustrating that we hear that it is hard to do business in Shreveport are issues that we don't look into, questions that we have when these get on our agenda, and then we get to this point and then we have all of these questions that are unanswered. I don't know that if it is the failure of the Council, those people that we are depending on for information, just where the buck stops, and that is not the issue here, but I do think that we have had an opportunity to investigate this if we had concerns. I believe a substitute motion, is that correct Councilman Huckaby? Councilman Huckaby: Yes ma'am. Councilman Spigener: And a second. Councilman Spigener: Am I correct, are you advising me that the substitute motion would override the first motion? Councilman Huckaby: Yes ma'am and I'd like to make one comment in response to Mr. Carmody. In so far as infringing upon private enterprise, Mr. Carmody, we were accused of doing that when we passed the Public Accommodations Bill and the Civil Rights Bill. We always infringe upon private enterprise, but the fact is when private enterprise is doing business with the public sector, of which I am a part of, every taxpayer is a part of, every African American tax payer is a part of, then you have to yield and give up some of those rights. What we are saying here is with fair share, the private sector wanting to do business with the public sector has to compromise and give up some of what they have. Here we ask for the opportunity for African Americans to participate at every level of every project that comes by this City, that comes by this government, this body. If you want to do business with the City, the word ought to be, come with fair share in hand or don't come; that's our position. Councilman Carmody: I appreciate your position Councilman Huckaby and I appreciate your political stance, it is no doubt about it always have. I just feel like that in this one instance if Mr. Lester goes back to Mr. Milton and his partners and Mr. Milton and his partners say well, it is going to cost `x' for you to get in and Mr. Lester says, well I can't afford `x', but thanks anyway. Is that satisfactory to you and Mr. Shyne. Councilman Huckaby: No, we are not concerned about Mr. Lester. We are talking about. . . . It is not Mr. Lester we are concerned about. It is the African American community. It is the city of Shreveport. It is about the matter of doing what's right, not Mr. Lester, not Mr. Joe, Mr. Blow. It is the African American community, the City of Shreveport doing what is right. Giving the African American community the opportunity to participate in projects from top to bottom, not just construction, not just labor, not just services, but in ownership, in every aspect of it. And what does it cost the City? It cost us something, as a matter of fact we gain by expanding the pie, by expanding the base of opportunity. The City gains, the Airport will gain. If Joe Shyne, Burrell and Huckaby are in favor of an issue that affects this City, it is good for the City because we influence people outside of this City. Why would I want cargo business to come to the City of Shreveport by way of a cargo operation that excluded black folks from ownership? Why would I? Councilman Carmody: Mr. Huckaby I don't think you would, but I don't think it was the intent if you were here yesterday during the work session, I asked Mr. Milton specifically, did you start off with this venture to exclude minority participation? Councilman Huckaby: I doubt if they did. My question today was, and I don't have an answer, what effort was made to include minorities in this investment sector, in that factor. What effort was made? By whom? Nobody knows. Councilman Carmody: That I can not answer, but the Administration did say that they have encouraged, from the beginning, before fair share was in place, that they come with an idea to be inclusive and to offer some opportunity for the participation in the development. Councilman Huckaby: We can further encourage that Mr. Carmody, if we make it clear from thetop, from the Administration, from the Mayor's Office and from this Council, that if you are coming with a project that is going to earn you money, come showing us, to the maximum degree, that you gave minorities every opportunity to be involved. If they cared not to be involved, fine, lets move on. I haven't seen that demonstrated here today. I have seen no effort on the part of anybody showing that minorities were invited into the ownership of this project, and that is important. Not just labor, not just services, not just construction, every level; that's the spirit of the fair share, from my perspective. Councilman Carmody: And I appreciate that. Councilman Shyne: A few years ago, the City of Atlanta held up building an airport for about a year and a half for the same reasons that we are talking about now, and you know how building that airport impacted Atlanta. The point was, lets include minorities at a 40% realm. Oh, when the Mayor said that, Mr. Carmody, the white community just hit the ceiling. No. He said well we won't build this airport. And you know the history, you know the rest of it. They didn't build it until the white community got together and said well Mr. Mayor, we don't have no problem with that. They built one of the finest airports in the world. And about hard to do business in Shreveport. Ms. Spigener, you have no idea of how a minority business people feel about doing business in Shreveport. It would give you a heart attack if you knew the pain, and the agony that they have gone through down through the years to try to do business with the City of Shreveport. You have no idea at all. And if making sure that everybody has an opportunity to enjoy the economic fruits of this community, is trouble, I want to bring about as much trouble as I can and God is going to bless us by doing that because God will bless you when you look out for everybody. God has a tendency not to bless you when you don't look out for everybody. When you want to put it under the realm, of this is doing business. You are killing me. You are not doing what you morally should do and you put it under the realm of, this is the best way to do business; that's the biggest hoax in the world. I've heard that all of my life. I think we need to move beyond that, Ms. Spigener, and I think that you need to be a part of bringing Shreveport to a new standard say hey look, if you come to Shreveport to do business, make sure that everybody's included from the ground floor up. And if you do that, you have no problem. God will bless you and your's and will bless this whole community. I ask for the previous question. Councilman Spigener: We have a substitute motion. The motion has been made and seconded for postponement.
Read by title and as read motion by Councilman Huckaby, seconded by Councilman Shyne to postpone the resolution until the October 24, 2000 meeting. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Shyne and Burrell. 5. Nays: Councilmen Serio and Spigener. 2. 1. Resolution No. 195 of 2000: A resolution authorizing the submission of the 2001-2003 Consolidated Plan to the United States Department of Housing and Urban Development (HUD) and to otherwise provide with respect thereto. 2. Resolution No. 196 of 2000 by Councilman Burrell: A resolution authorizing the donation of the use of portable bleachers for the International Hot Rod Association World Finals at the Red River Raceway in Gilliam October 11-14, 2000 and otherwise providing with respect thereto. INTRODUCTION OF ORDINANCES: 1. Ordinance No. 160 of 2000: An ordinance amending the 2000 Capital Improvements Budget, appropriating the funds therein and otherwise providing with respect thereto. 2. Ordinance No. 161 of 2000: An ordinance amending Section 74-54 of the Code of Ordinances relative to landfill disposal fees and to otherwise provide with respect thereto. 3. Ordinance No. 162 of 2000: An ordinance making it unlawful for a vehicle to make a left turn from Village Green onto Sophia Lane, and to otherwise provide with respect thereto. 4. Ordinance No. 163 of 2000: An ordinance authorizing the Shreveport Airport to dispose of the improvements located at 3132 Castlewood Drive, Lot 9, Block F, Block D as described herein as surplus property and otherwise providing with respect thereto. 5. Ordinance No. 164 of 2000: An ordinance authorizing the Shreveport Airport to dispose of the improvements located at 2840 Meriwether Road as described herein as surplus property and otherwise providing with respect thereto. 6. Ordinance No. 165 of 2000: An ordinance authorizing the Shreveport Airport to dispose of the improvements located at 2920 Meriwether Road as described herein as surplus property and otherwise providing with respect thereto. 7. Ordinance No. 166 of 2000: An ordinance authorizing the Shreveport Airport to dispose of the improvements located at 3038 Meriwether Road as described herein as surplus property and otherwise providing with respect thereto. 8. Ordinance No. 167 of 2000: An ordinance authorizing the Shreveport Airport to dispose of the improvements located at 3115 Meadow Parkway Drive, Lot 6, Block E as described herein as surplus property and otherwise providing with respect thereto. 9. Ordinance No. 168 of 2000: An ordinance authorizing the Shreveport Airport to dispose of the improvements located at 3119 Meadow Parkway Drive, Lot 5, Block D as described herein as surplus property and otherwise providing with respect thereto. 10. Ordinance No. 169 of 2000: An ordinance authorizing the Shreveport Airport to dispose of the improvements located at 3126 Meadow Parkway Drive, Lot 28, Block D as described herein as surplus property and otherwise providing with respect thereto. 11. Ordinance No. 170 of 2000: An ordinance authorizing the Shreveport Airport to dispose of the improvements located at 3131 Meadow Parkway Drive, Lot 8, Block F as described herein as surplus property and otherwise providing with respect thereto. 12. Ordinance No. 171 of 2000: An ordinance authorizing the Shreveport Airport to dispose of the improvements located at 3134 Meadow Parkway Drive, Lot 30 as described herein as surplus property and otherwise providing with respect thereto. 13. Ordinance No. 172 of 2000: An ordinance authorizing the Shreveport Airport to dispose of the improvements located at 3135 Meadow Parkway Drive, Lot 7, Block F as described herein as surplus property and otherwise providing with respect thereto. 14. Ordinance No. 173 of 2000: An ordinance authorizing the Shreveport Airport to dispose of the improvements located at 3138 Meadow Parkway Drive, Lot 31, Block D as described herein as surplus property and otherwise providing with respect thereto. 15. Ordinance No. 174 of 1999: An ordinance adopting the 2001 General Fund Budget appropriating the funds authorized therein and otherwise providing with respect thereto. 16. Ordinance No. 175 of 2000: An ordinance adopting the 2001 Capital Improvements Budget in accordance with Section 7.03 of the City Charter, appropriating the funds authorized therein and otherwise providing with respect thereto. 17. Ordinance No. 176 of 2000: An ordinance adopting the 2001 Budget for Water and Sewerage Enterprise Fund, appropriating the funds authorized therein and otherwise providing with respect thereto. 18. Ordinance No. 177 of 2000: An ordinance adopting the 2001 Airports Budget, appropriating the funds authorized therein and otherwise providing with respect thereto. 19. Ordinance No. 178 of 2000: An ordinance adopting the 2001 Budget for the Retained Risk Internal Service Fund Budget, appropriating the funds authorized therein and otherwise providing with respect thereto. 20. Ordinance No. 179 of 2000: An ordinance adopting the 2001 Budget for the Golf Enterprise Fund, appropriating the funds authorized therein and otherwise providing with respect thereto. 21. Ordinance No. 180 of 2000: An ordinance adopting the 2001 Metropolitan Planning Commission's Special Revenue Fund Budget, appropriating the funds authorized therein and otherwise providing with respect thereto. 22. Ordinance No. 181 of 2000: An ordinance adopting the 2001 Budget funding contractual services provided to SporTran by the Metro Management Associates, Inc., appropriating the funds authorized therein and otherwise providing with respect thereto. 23. Ordinance No. 182 of 2000: An ordinance adopting the 2001 Debt Service Fund Budget, appropriating the funds authorized therein and otherwise providing with respect thereto. 24. Ordinance No. 183 of 2000: An ordinance adopting the 2001 budget for the Community Development Special Revenue Fund, appropriating the funds authorized therein and otherwise providing with respect thereto. 25. Ordinance No. 184 of 2000: An ordinance adopting the 2001 budget for the Riverfront Development Special Revenue Fund, appropriating the funds authorized therein and otherwise providing with respect. 26. Ordinance No. 185 of 2000: An ordinance adopting the 2001 budget for the Police Grants Special Revenue Fund, appropriating the funds authorized therein and otherwise providing with respect thereto. 27. Ordinance No. 186 of 2000: An ordinance adopting the 2001 budget for the Fleet Services Internal Service Fund budget, appropriating the funds authorized therein and otherwise providing with respect thereto. 28. Ordinance No. 187 of 2000: An ordinance adopting the 2001 budget for the Shreveport Redevelopment Agency Special Revenue Fund, appropriating the funds authorized therein and otherwise providing with respect thereto. 29. Ordinance No. 188 of 2000: An ordinance adopting the 2001 budget for the Downtown Parking Enterprise fund, appropriating the funds authorized therein and otherwise providing with respect thereto. 30. Ordinance No. 189 of 2000: An ordinance amending the 2000 Capital Improvements Budget, appropriating the funds therein and otherwise providing with respect thereto.
Read by title and as read motion by Councilman Shyne seconded by Councilman Serio for Introduction of the Resolutions Nos. 195 and 196 and Ordinances Nos. 160, 161 and 189 to lay over until the October 24, 2000 meeting; Ordinances Nos. 162 through 173 to lay over until the November 14, 2000 meeting, and Ordinance Nos. 174 through 188 not to be adopted no later than December 15, 2000. Councilman Burrell: Mr. Thompson, on one of these resolutions we've already gotten support from at least 4 Council members, that's on the bleachers. Councilman Spigener: You are speaking about Resolution 173? Councilman Burrell: About 196, under Resolutions. And they are actually in use now, should we go through the normal process or can we approve it today or. . . ? Ms. Glass: The reason the Clerk put that under Introduction is that under the City Charter, any resolution authorizing the making of the contract, goes through the lay over period. Councilman Burrell: I want to make sure that we got a clarification on that. Councilman Spigener: I think we pretty well discussed that and we were in verbal agreement that that would be okay.
Motion passed by the following vote: Ayes: Councilmen Huckaby, Stewart. Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. ORDINANCES ON SECOND READING AND FINAL PASSAGE: 1. Ordinance No. 82 of 2000 by Councilman Serio: An ordinance amending the Code of Ordinances of the City of Shreveport relative to subdivision streets, and otherwise providing with respect thereto.
Having passed first reading on May 23, 2000 was read by title and on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Serio, seconded by Councilman Burrell adopted by the following vote: Nays: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Ayes: None. Councilman Serio: I would like to thank the Council members for a vote on this one, this should make future neighborhoods a lots safer and eliminate the need for speed bumps, four-way stops, launch pads, whatever we have in the neighborhoods now to slow down traffic in the neighborhoods and thanks to Metropolitan Planning Commission and Charles Kirkland for all of the work they've put on this for the last 4 or 5 months. Mr. Kirkland: I'll make this brief. Your motion Councilman is to defeat this amendment? Councilman Serio: No, not to defeat this. Actually those three amendments that you approved earlier are what this amendment was all about and this one would contemplate, with those three amendments so I thought your entire intent was to have something on your table until such time as we had the ordinances in front of you, which 150, 151 and 152 accomplish that. I would have to speak with some concern if you were to now adopt this ordinance, it would be in direct conflict with that. Councilman Serio: Mr. Kirkland, the comments yesterday then bringing 82 forward today. Mr. Kirkland: I thought that was so you could defeat this and take it off of your calendar. Councilman Serio: So we need to defeat this? Mr. Kirkland: Yes. Councilman Serio: Then the ordinance that you brought forward, the 151, 2 and 3, are the ones that actually do what 82. . . . Mr. Kirkland: Exactly, in fact they go further than this in a more comprehensive manner which is what I thought you wanted to accomplish.
Motion by Councilman Serio to reconsider Ordinance No. 82, seconded by Councilman Shyne. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. Motion by Councilman Serio, seconded by Councilman Carmody denied by the following vote: Nays: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Ayes: None. Having passed first reading on September 26, 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: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. Having passed first reading on September 26, 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: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. 4. Ordinance No. 150 of 2000: An ordinance to amend Chapter 106 of the Code of Ordinances, as amended, the City of Shreveport Zoning Ordinance, by amending Section 106-1 to add the definition of a Subdivision Design Standards Review Committee, and by otherwise providing with respect thereto.
Having passed first reading on September 26, 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 Serio adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. 5. Ordinance No. 151 of 2000: An ordinance to amend Chapter 106 of the Code of Ordinances, as amended, the City of Shreveport Zoning Ordinance, by amending Section 106-1180 by including the Subdivision Design Standards Review Committee to the review process regarding lot width and lot access provisions, and by otherwise providing with respect thereto.
Having passed first reading on September 26, 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: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. 6. Ordinance No. 152 of 2000: An ordinance to amend Chapter 82 of the Code of Ordinances, as amended, the City of Shreveport Subdivision Ordinance, by amending Section 82-72 (a) regarding the street circulation provisions of the Subdivision Ordinance, and by otherwise providing with respect thereto.
Having passed first reading on September 26, 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 adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. 7. Ordinance No. 153 of 2000: An ordinance to amend Chapter 106 of the Code of Ordinances, as amended,the City of Shreveport Zoning Ordinance, by amending Sections 106-820.1 and 106-840.1, by adding to the list of uses requiring Planning Director Approval in the I-1, Light Industry and I-2, Heavy Industry Districts and by otherwise providing with respect thereto.
Having passed first reading on September 26, 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. 8. Ordinance No. 154 of 2000: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the SW corner of Midway and Linwood, Shreveport, Caddo Parish, Louisiana, from B-1, Buffer Business District to B-2, Neighborhood Business District and to otherwise provide with respect thereto.
Having passed first reading on September 26, 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 Serio adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. 9. Ordinance No. 155 of 2000: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the west side of Kingston Road, 200 feet south of Francais Drive, Shreveport, Caddo Parish, Louisiana, from B-2, Neighborhood Business District to B-2-A, Business Park District, and to otherwise provide with respect thereto.
Having passed first reading on September 26, 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 Burrell adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. 10. Ordinance No. 156 of 2000: An ordinance to amend Chapter 106 of the Code of Ordinances, as amended, the City of Shreveport Zoning Ordinance, by amending Section 106-1127 (2) by modifying the time limit provision regarding discontinuance and reestablishment of alcoholic beverage uses, and by otherwise providing with respect thereto.
Having passed first reading on September 26, 2000 was read by title and on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Carmody, seconded by Councilman Stewart adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. 11. Ordinance No. 157 of 2000: An ordinance to amend Chapter 106 of the Code of Ordinances, as amended, the City of Shreveport Zoning Ordinance, by amending Section 106-1127 (5), to permit alcoholic beverage sales as a use by right in a portion of the B-4, Central Business District (the downtown riverfront area) and to otherwise provide with respect thereto.
Having passed first reading on September 26, 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 Burrell for adoption. The Deputy Clerk read the following amendment: * * * "b. Any use, serving or selling beverages of low or high alcoholic content for on-premise consumption, which is located within that portion of the B-4, Central Business District which is bounded by Spring Street on the southwest, Cross Bayou on the northwest, the centerline of the Red River on the northeast and Interstate Highway 20 on the southeast."
Motion by Councilman Carmody, seconded by Councilman Huckaby for adoption of the amendment. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. Motion by Councilman Carmody, seconded by Councilman Burrell for adoption of the ordinance as amended. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. Having passed first reading on September 26, 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. 13. Ordinance No. 159 of 2000: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the west side of Youree Drive, 1,600 feet south of E. 70th Street, Shreveport, Caddo Parish, Louisiana, from R-A, Residence-Agriculture District to B-2, Neighborhood Business District and B-3, Community Business District with Planned Building Group Approval, and to otherwise provide with respect thereto.
Having passed first reading on September 26, 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 for adoption. Councilman Burrell: Let me ask, because I am concerned as I stated before, this just happen to be in-well, where it is moving from is Councilman Spigener's district and it is going in Councilman Serio's district, but we also have adjacent districts that use these stores regardless of what area they are in and it creates a void for those persons who are in those adjacent neighborhoods. Let me understand too because, I'm a little afraid. I know I worked with you to get the Wal-mart there in my district and we are having a wonderful time over there in West Shreveport, but I am concerned too that and I want to understand too that there is a commitment from Wal-mart that they would do everything possible to help market those stores that they leave vacant, am I understanding that Neill or somebody, would you address that. Ms. Glass: I think it is the same problem we had yesterday. I understand that you want to get the commitment, but it opens up allowing the persons to speak which cause an equal protection problem with the other side and parties in other zoning cases because we don't allow them to speak. Councilman Burrell: I can understand them volunteering to come and give information, but if we ask a question from the Council then that's the same issue? Ms. Glass: It opens it up in the same way. Councilman Burrell: I'll just ask you personally, that's okay right? Councilman Spigener: Councilman Burrell, I have had a discussion with the Wal-mart representatives today because as you said, the real case for this business is from District E. We do all I think have concerns about vacant properties, vacant buildings around town, so I think that probably a private discussion, I'm sure that they would be happy to visit with you. Councilman Burrell: It may affect all of our districts especially if it is near your area. Councilman Spigener: Absolutely. Councilman Serio: If I may, maybe I can help Mr. Burrell with the answer to that because I posed your question to the folks in Wal-Mart as well. It is my understanding right now is that the property that is on Jewella, currently has a good prospect in that we possible have a good prospect that will that is looking at that property for another retail operation. The property, the Sam's is also being marketed so they have taken that property with the other Wal-mart property that they have in Shreveport and they are actively marketing those. A request was made several months ago to them, the interest we have in seeing these facilities be rented, be leased and so yes, the understanding is that the Wal-Mart, the Jewella Wal-mart will probably have (inaudible) some time in the future. Councilman Burrell: Well let me understand, I'm not picking on any particular store, it is just the fact that as the economy within the city shifts, it moves from one area to the other many times. You have greater growth in some areas and than you do others and when you have these buildings that are left vacant, they are subject to vandalism and other things that we got to deal with, we have to consider that in our budgets to, so it's a bigger picture than just picking up and moving because it affect us afterwards also. And so again it is not to pick on any particular business because I think we have the same rights to shift their investments elsewhere, but I think it is our responsibility too to make sure that we can keep all of the buildings filled up if possible. Councilman Serio: Well I think the good news is that, yes that we probable will have somebody there.
Ordinance adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. ORDINANCE NO. 148 OF 2000 AN ORDINANCE AMENDING THE 2000 BUDGET FOR THE RETAINED RISK INTERNAL SERVICE 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 Retained Risk Internal Service Fund, to adjust appropriations 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. 156 of 1999, the 2000 budget for the Retained Risk Internal Service Fund, is hereby amended as follows: In Section 2 (Appropriations): Increase Contractual Services by $10,000. Decrease Other Charges by $10,000.
BE IT FURTHER ORDAINED that the remainder of Ordinance No. 156 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 to be severable.
BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict herewith are hereby repealed. _____________________________________ Patricia G. Spigener, Chairman ______________________________________ Arthur G. Thompson, Clerk of Council ORDINANCE NO. 149 OF 2000 AN ORDINANCE AMENDING THE 2000 BUDGET FOR THE POLICE GRANTS SPECIAL REVENUE FUND AND OTHERWISE PROVIDING WITH RESPECT THERETO WHEREAS, the City Council finds it necessary to amend the 2000 budget for the Police Grants Special Revenue Fund in order to appropriate funds to be awarded by another granting agency, and to accommodate recent budget modifications approved by the granting agencies. NOW, THEREFORE, BE IT ORDERED by the City Council of the City of Shreveport, in legal session convened, that Ordinance No. 163 for 1999, the 2000 Budget for the Police Grants Special Revenue Fund Budget, be amended and reenacted as follows: Appropriate funds for Safe and Sober Campaign 2000/2001 Grant at $6,300. In Section 2, Appropriations (From FY 2000 Revenues) Appropriate Safe and Sober Campaign 2000/2001 Grant - Personal Services $6,300.
BE IT FURTHER ORDAINED that Sections 3, 4, 5, and 6 of Ordinance No. 163 of 1999 shall remain in full CONTINUED - ORDINANCE NO. 149 OF 2000 force and effect. BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such activity shall not affect any 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. ____________________________________ Patricia G. Spigener, Chairman ______________________________________ Arthur G. Thompson, Clerk of Council ORDINANCE NO. 150 OF 2000 AN ORDINANCE TO AMEND CHAPTER 106 OF THE CODE OF ORDINANCES, AS AMENDED, THE CITY OF SHREVEPORT ZONING ORDINANCE, BY AMENDING SECTION 106-1 TO ADD THE DEFINITION OFA SUBDIVISION DESIGN STANDARDS REVIEW COMMITTEE, 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 106-1 of Chapter 106 of the Code of Ordinances, as amended, the City of Shreveport Zoning Ordinance, is hereby amended and reenacted by adding a definition of the "subdivision design standards review committee" to read as follows:
"Subdivision design standards review committee means a committee made up of the Planning Director, the City Engineer, the Director of the Operational Services Department and the chair of Planning Commission, or their respective designees, for the purpose of reviewing and making recommendations with respect to design and improvement standards." 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.
____________________________________ Patricia G. Spigener, Chairman ______________________________________ Arthur G. Thompson, Clerk of Council ORDINANCE NO. 151 OF 2000 AN ORDINANCE TO AMEND CHAPTER 106 OF THE CODE OF ORDINANCES, AS AMENDED, THE CITY OF SHREVEPORT ZONING ORDINANCE, BY AMENDING SECTION 106-1180 BY INCLUDING THE SUBDIVISION DESIGN STANDARDS REVIEW COMMITTEE TO THE REVIEW PROCESS REGARDING LOT WIDTH AND LOT ACCESS PROVISIONS, 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 106-1180 (a) (2) of Chapter 106 of the Code of Ordinances, as amended, the City of Shreveport Zoning Ordinance, is hereby amended and reenacted to read as follows: "Following a review of the development plans and a recommendation by the Subdivision Design Standards Review Committee, the Planning Commission may approve a subdivision with lots of a lesser width if a coordinated development of smaller lots, such as a shopping center with shared lots driveways, complies with the intent of the lot access standards specified in subsection (b) of this section." BE IT FURTHER ORDAINED by the City Council of the City of Shreveport, Louisiana, in due, legal and regular session convened, that Section 106-1180 (b) (2) of Chapter 106 of the Code of Ordinances, as amended, the City of Shreveport Zoning Ordinance, is hereby amended and reenacted to read as follows: "Following a review of the development plans and a recommendation by the Subdivision Design Standards Review Committee, the maximum number of driveways may be increased by the Planning Commission after consultation with public works engineering when it has been determined that the strict application of the above standards would cause practical difficulties or undue hardship and that additional driveways would not interfere with the safe and efficient circulation of traffic on and off the building site nor be inconsistent with the adopted transportation plan."
CONTINUED - ORDINANCE NO. 151 OF 2000 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.
____________________________________ Patricia G. Spigener, Chairman ______________________________________ Arthur G. Thompson, Clerk of Council ORDINANCE NO. 152 OF 2000 AN ORDINANCE TO AMEND CHAPTER 82 OF THE CODE OF ORDINANCES, AS AMENDED, THE CITY OF SHREVEPORT SUBDIVISION ORDINANCE, BY AMENDING SECTION 82-72(a) REGARDING THE STREETCIRCULATION PROVISIONS 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 82-72(a) 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: "(a) Circulation. The street pattern shall provide ease of circulation within the subdivision as well as convenient access to adjoining streets, thoroughfares, or unsubdivided land, as may be required by the planning commission. Minor residential streets in new developments, and other new streets that will connect to existing streets in adjacent residential subdivisions, should be so planned as to discourage their use by non-local traffic, and to discourage motorists from driving at unsafe speeds. "Prior to submitting a subdivision plan that includes new minor residential streets, the subdivider shall meet with the Subdivision Design Standards Review Committee to establish what, if any traffic calming or speed control measures should be incorporated into the design. The Planning Commission may require such traffic calming measures as the Subdivision Design Standards Review Committee recommends including, but not limited to, raised intersections and deflectors such as traffic circles, roundabouts, chicanes, angled slow points, mid-block yield points, offset yield points or other measures as appropriate. "Where a street will eventually be extended beyond the plat but is temporarily dead-ended, an interim turnaround shall may be required." 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.
____________________________________ Patricia G. Spigener, Chairman ______________________________________ Arthur G. Thompson, Clerk of Council ORDINANCE NO. 153 OF 2000 AN ORDINANCE TO AMEND CHAPTER 106 OF THE CODE OF ORDINANCES, AS AMENDED, THE CITY OF SHREVEPORT ZONING ORDINANCE, BY AMENDING SECTIONS 106-820.1 AND 106-840.1, BY ADDING TO THE LIST OF USES REQUIRING PLANNING DIRECTOR APPROVAL IN THE I-1, LIGHT INDUSTRY AND I-2, HEAVY INDUSTRY DISTRICTS 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 106-820.1 of Chapter 106 of the Code of Ordinances, as amended, the City of Shreveport Zoning Ordinance, is hereby amended and reenacted to add the following to the list of uses requiring planning director approval: "All uses listed as "Uses by right" in the B-3, Community Business Districts and not otherwise listed as a use by right in Section 106-818, as a use requiring Planning Commission approval in Section 106-819 or as a Special Exception Use in Section 106-820."
CONTINUED - ORDINANCE NO. 153 OF 2000 BE IT FURTHER ORDAINED that 106-840.1 of Chapter 106 of the Code of Ordinances, as amended, the City of Shreveport Zoning Ordinance, is hereby amended and reenacted to add the following to the list of uses requiring planning director approval:. "All uses listed as "Uses by right" in the B-3, Community Business Districts and not otherwise listed as a use by right in Section 106-838, as a use requiring Planning Commission approval in Section 106-839 or as a Special Exception Use in Section 106-840." 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.
____________________________________ Patricia G. Spigener, Chairman ______________________________________ Arthur G. Thompson, Clerk of Council ORDINANCE NO. 154 OF 2000 AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES, THE CITY OF SHREVEPORT ZONING ORDINANCE, BY REZONING PROPERTY LOCATED ON THE SW CORNER OF MIDWAY AND LINWOOD, SHREVEPORT, CADDO PARISH, LOUISIANA, FROM B-1, BUFFER BUSINESS DISTRICT TO B-2, NEIGHBORHOOD BUSINESS DISTRICT, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO SECTION I: BE IT ORDAINED by the City Council of the City of Shreveport, Caddo Parish, Louisiana, in due, legal and regular session convened, that the zoning classification of Lots 1-3, Block A, Hillcrest Subdivision and a 1.00 acre square in the NE corner of the NE/4 of Section 14-17-14, Shreveport, Caddo Parish, Louisiana, property located on the SW corner of Midway and Linwood, be and the same is hereby changed from B-1, Buffer Business District to B-2, Neighborhood Business District. SECTION II: THAT the rezoning of the property described herein is subject to compliance with the following stipulations: 1. Prior to issuance of any development permits, a site plan shall be submitted to and approved by the Planning Commission showing required setbacks, parking, screening fence along the south and west property lines, and full compliance with the Landscape Ordinance. 2. Dumpster pick-up hours limited to 7 a.m. to 10 p.m. 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.
____________________________________ Patricia G. Spigener, Chairman ______________________________________ Arthur G. Thompson, Clerk of Council ORDINANCE NO. 155 OF 2000 AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES, THE CITY OF SHREVEPORT ZONING ORDINANCE, BY REZONING PROPERTY LOCATED ON THE WEST SIDE OF KINGSTON ROAD, 200 FEET SOUTH OF FRANCAIS DRIVE, SHREVEPORT, CADDO PARISH, LOUISIANA, FROM B-2, NEIGHBORHOOD BUSINESS DISTRICT TO B-2-A, BUSINESS PARK 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 the north 100 feet of Lot 17, Block B, Lambert Park Subdivision, more fully described as beginning at the east corner common to Lots 1 and 17, Block B, go west down the rear of Lots 1, 2, 3, and 4 of Block B a distance of 425 feet to the rear common corner of CONTINUED - ORDINANCE NO. 155 OF 2000
Lots 4, 6, and 7; then go south along the rear of Lot 7 and part of Lot 8 a distance of 100 feet; thence east a distance of 425 feet to the west R/W line of Kingston Road; thence north 100 feet to the POB. Being a site containing approximately .975 acres and having a municipal number of 9422 Kingston Road, Shreveport, Louisiana, 71118, Shreveport, Caddo Parish, Louisiana, property located on the west side of Kingston Road, 200 feet south of Francais Drive, be and the same is hereby changed from B-2, Neighborhood Business District to B-2-A, Business Park District. SECTION II: THAT the rezoning of the property described herein is subject to compliance with the following stipulation: 1. Development to be in substantial accord with the site plan submitted with any significant changes requiring further review and approval 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 ordinanceare hereby declared severable. BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict herewith are hereby repealed.
____________________________________ Patricia G. Spigener, Chairman ______________________________________ Arthur G. Thompson, Clerk of Council ORDINANCE NO. 156 OF 2000 AN ORDINANCE TO AMEND CHAPTER 106 OF THE CODE OF ORDINANCES, AS AMENDED, THE CITY OF SHREVEPORT ZONING ORDINANCE, BY AMENDING SECTION 106-1127(2) BY MODIFYING THE TIME LIMIT PROVISION REGARDING DISCONTINUANCE AND REESTABLISHMENT OF ALCOHOLIC BEVERAGE USES, 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 106-1127(2) of Chapter 106 of the Code of Ordinances, as amended, the City of Shreveport Zoning Ordinance, is hereby amended by deleting the following: "(2) Unless otherwise specified by the Zoning Board of Appeals, approval of any alcoholic beverage use which ceases to operate or is discontinued for any period of time shall be null and void and shall not thereafter be reestablished without further application to and approval by the board." BE IT FURTHER ORDAINED that Section 106-1127(2) of Chapter 106 of the Code of Ordinances, as amended, the City of Shreveport Zoning Ordinance, is hereby amended by adding the following:
"(2) Unless otherwise specified by the Zoning Board of Appeals, approval of any alcoholic beverage use which ceases to operate or is discontinued for any period of time shall be null and void and shall not thereafter be reestablished without further application to and approval by the board; provided however, that if the owner of an approved alcoholic beverage use files a written notice of discontinuance of the use with the Zoning Administrator within thirty days of closure of the use, and there are no written complaints of record involving the alcoholic beverage use filed with the Zoning Administrator or the Shreveport Police Department for the twelve months prior to receipt of the notice of discontinuance, the alcoholic beverage use may be reestablished within one year of the date of receipt of the discontinuance notice by the Zoning Administrator." 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.
____________________________________ Patricia G. Spigener, Chairman ______________________________________ Arthur G. Thompson, Clerk of Council ORDINANCE NO. 157 OF 2000 AN ORDINANCE TO AMEND CHAPTER 106 OF THE CODE OF ORDINANCES, AS AMENDED, THE CITY OF SHREVEPORT ZONING ORDINANCE, BY AMENDING SECTION 106-1127 (5), TO PERMIT ALCOHOLIC BEVERAGE SALES AS A USE BY RIGHT IN A PORTION OF THE B-4, CENTRAL BUSINESS DISTRICT (THE DOWNTOWN RIVERFRONT AREA), 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 Section 106-1127 (5) of Chapter 106 of the Code of Ordinances, as amended, the City of Shreveport Zoning Ordinance, is hereby amended and reenacted to add the following: b. Any use, serving or selling beverages of low or high alcoholic content for on-premise consumption, which is located within that portion of the B-4, Central Business District which is bounded by Spring Street on the southwest, Cross Bayou on the northwest, the centerline of the Red River on the northeast and Interstate Highway 20 on the southeast. 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 ordinanceare hereby declared severable. BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict herewith are hereby repealed.
____________________________________ Patricia G. Spigener, Chairman ______________________________________ Arthur G. Thompson, Clerk of Council ORDINANCE NO. 158 OF 2000 AN ORDINANCE AMENDING THE 2000 BUDGET FOR THE COMMUNITY DEVELOPMENT 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 Community Development Special Revenue Fund, to provide additional program funding 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. 161 of 1999, the 2000 budget for the Community Development Special Revenue Fund, as amended, be further amended, as follows: In Section 1 (Estimated Receipts): Under 1999 and Prior-Year Funds: Increase Prior-Year HOME Entitlements by $744,000. In Section 2 (Appropriations): Under Prior-Year Funds: Increase Shreveport Home Ownership Program by $744,000. Under 2000 Revenues: In the budget for Housing and Business Development, increase Personal Services by $70,000 and Materials and Supplies by $20,000. In the budget for Codes Enforcement, increase Contractual Services by $100,000 and decrease Other Charges by $100,000. Decrease CDBG Loan Program by $90,000. Decrease Purchase Rehab by $293,000. Increase Buydown Assistance by $250,000. Increase Wheelchair Ramp by $43,000. BE IT FURTHER ORDAINED that the remainder of Ordinance No. 161 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 to be severable.V
CONTINUED - ORDINANCE NO. 158 OF 2000 BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict herewith are hereby repealed. ____________________________________ Patricia G. Spigener, Chairman ______________________________________ Arthur G. Thompson, Clerk of Council ORDINANCE NO. 159 OF 2000 AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES, THE CITY OF SHREVEPORT ZONING ORDINANCE, BY REZONING PROPERTY LOCATED ON THE WEST SIDE OF YOUREE DRIVE, 1,600 FEET SOUTH OF E. 70TH STREET, SHREVEPORT, CADDO PARISH, LOUISIANA, FROM R-A, RESIDENCE-AGRICULTURE DISTRICT TO B-2, NEIGHBORHOOD BUSINESS DISTRICT AND B-3, COMMUNITY BUSINESS DISTRICT WITH PLANNED BUILDING GROUP APPROVAL, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO SECTION I: BE IT ORDAINED by the City Council of the City of Shreveport, Caddo Parish, Louisiana, in due, legal and regular session convened, that the zoning classification of property located on the west side of Youree Drive, 1,600 feet south of E. 70th Street, Shreveport, Caddo Parish, Louisiana, legally described below, be and the same is hereby changed from R-A, Residence-Agriculture District to B-2, Neighborhood Business District and B-3, Community Business District with Planned Building Group approval:
From R-A to B-2: Description of a 12.57± acre (547,819 sq. ft.) tract located in fractional Section 37, Township 17 north, range 13 west of the Louisiana Meridian, City of Shreveport, Caddo Parish, Louisiana Commencing at a ½" diameter pipe marking the northwest corner of Bassett Subdivision, as recorded in Conveyance Book 3000, Page 135, Records of Caddo Parish Clerk of Court, said point located on the western right-of-way line of Youree Drive (La. Highway 1); thence proceed North 25 degrees 28 minutes 16 seconds West, bearing assumed, along said western right-of-way line, a distance of 550.94 feet to a ½" diameter pipe; thence turn left and proceed South 64 degrees 31 minutes 59 seconds West, departing said western right-of-way line, a distance of 659.06 feet to a point marking the POINT OF BEGINNING of the tract to be described; Thence continue South 64 degrees 31 minutes 59 seconds West, a distance of 460.00 feet to a point located on the existing eastern high bank of Old Sand Beach Bayou; Thence turn right and proceed North 53 degrees 21 minutes 33 seconds West, along said high bank, a distance of 6.46 feet to a ½" diameter pipe; Thence turn left and proceed North 55 degrees 46 minutes 35 seconds West, along said high bank, a distance of 142.77 feet to a ½" diameter pipe; Thence turn right and proceed North 50 degrees 16 minutes 52 seconds West, along said high bank, a distance of 172.38 feet to a ½" diameter pipe;Thence turn right and proceed North 42 degrees 35 minutes 17 seconds West, along said high bank, a distance of 149.48 feet to a ½" diameter pipe; Thence turn right and proceed North 37 degrees 14 minutes 37 seconds West, along said high bank, a distance of 202.94 feet to a ½" diameter pipe Thence turn right and proceed North 27 degrees 10 minutes 02 seconds West, along said high bank, a distance of 156.14 feet to a ½" diameter pipe; hence turn left and proceed North 32 degrees 41 minutes 16 seconds West, along said high bank, a distance of 122.40 feet to a ½" diameter pipe; Thence turn right and proceed North 27 degrees 03 minutes 41 seconds West, along said high bank, a distance of 85.90 feet to a 5/8" diameter iron rod; Thence turn right and proceed North 11 degrees 26 minutes 13 seconds West, along said high bank, a distance of 62.10 feet to a ½" diameter pipe; Thence turn left and proceed North 20 degrees 29 minutes 25 seconds West, along said high bank, a distance of 21.56 feet to 5/8" diameter iron rod; Thence turn right and proceed North 64 degrees 31 minutes 44 seconds East, departing said high bank, a distance of 501.32 feet to point; Thence turn right and proceed South 25 degrees 28 minutes 16 seconds East, a distance of 722.22 feet to a point; Thence turn left and proceed North 64 degrees 31 minutes 44 seconds East, a distance of 196.93 feet to a point; Thence turn right and proceed South 25 degrees 28 minutes 16 seconds East, a distance of 349.88 feet to the POINT OF BEGINNING. The above described tract contains 12.57 acres (547,819 sq. ft.), more or less. CONTINUED - ORDINANCE NO. 159 OF 2000 From R-A to B-3 Description of a 19.49± acre (848,831± sq. ft.) tract located in fractional Section 37, Township 17 north, Range 13 west of the Louisiana Meridian, City of Shreveport, Caddo Parish, Louisiana Commencing at a ½" diameter pipe marking the northwest corner of Bassett Subdivision, as recorded in Conveyance Book 3000, Page 135, Records of Caddo Parish Clerk of Court, said point located on the western right-of-way line of Youree Drive (La. Highway 1); thence proceed North 25 degrees 28 minutes 16 seconds West, bearing assumed, along said western right-of-way line, a distance of 550.94 feet to a ½" diameter pipe marking the POINT OF BEGINNING of the tract to be described; Thence turn left and proceed South 64 degrees 31 minutes 59 seconds West, departing said western right-of-way line, a distance of 659.06 feet to point; Thence turn right and proceed North 25 degrees 28 minutes 16 seconds West, a distance of 349.88 feet to a point; Thence turn left and proceed South 64 degrees 31 minutes 44 seconds West, a distance of 196.93 feet to a point; Thence turn right and proceed North 25 degrees 28 minutes 16 seconds West, a distance of 722.22 feet to a point; Thence turn right and proceed North 64 degrees 31 minutes 44 seconds East, a distance of 856.00 feet to a 5/8" diameter iron rod located on the western right-of-way line of Youree Drive (La. Highway No. 1); Thence turn right and proceed South 25 degrees 28 minutes 16 seconds East, along said western right-of-way line, a distance of 1072.15 feet to the POINT OF BEGINNING. The above described tract contains 19.49 acres (848,831 sq. ft.), more or less. SECTION II: THAT the rezoning of the property described herein is subject to compliance with the following stipulations: 1. Sam's Club tract and a portion of the future development area as shown on the proposed Zoning Plan dated August 9, 2000, to be zoned B-2. The remainder of the site to be zoned B-3. 2. Development of the property shall be in substantial accord with the revised site plan dated 9/15/00, with any changes, expansions, or additions requiring further review and approval by the Planning Commission. Site plan to show the following: 1. Landscaping shall be in accordance with the landscape plan dated September 15, 2000. As set forth in the landscape plan, evergreen trees shall be planted and maintained along the rear of the property to provide a visual barrier between the residents and the rear of the buildings. 2. All detention pits, buffer fence and landscaping shown on the September 15, 2000, landscape drawing to be completed prior to operation of any business on the tract. 3. All curb cuts shall have sufficient length, as determined by the Traffic Engineer and LADOTD, to allow southbound traffic to safely exit from right through lane. 4. Lighting on the rear of the property adjoining the residential area shall not exceed zero foot candles per applicant's lighting plan. Parking lot and other lighting shall be limited to 40' high structures. 5. No outside loud speakers or voice amplification shall be permitted to be located on property zoned B-2 and the Sam's Club parcel. 6. No overhead power lines shall be permitted along the west property line adjacent to Old Sand Beach Bayou. 7. An 8' fence shall be constructed and maintained along the rear of the property. The fence shall tie into fences of adjacent properties so as to prevent access to the residential area. The fence shall be constructed of clear cedar or cypress and finished on both sides. Fence shall have multiple gates to allow access to the bayou for maintenance. Gates to be locked except when in use. Wal-Mart and its successors shall agree to allow access to the bayou for maintenance vehicles and personnel to clean out or otherwise improve the appearance or drainage of the bayou. 8. Other than the Sam's Club building, no single user on the development parcels shall occupy an area exceeding 50,000 sq. ft.
3. Development of the property shall be in substantial accord with an Operational Site Plan dated August 4, 2000, to be approved by the Planning Director with input from the neighborhood prior to construction and to show compliance with the following items: 1. All rooftop operational equipment (i.e., roof mounted compressors, etc.) on Sam's and development along south property line shall be screened for visual and sound considerations as approved by the Planning Director. 2. Hours of operation permitted for any rear service drive along the residential area shall be from 7 a.m. to 10 p.m. All loading, unloading, forklift, and other similar equipment usage shall be limited to these hours of operation.
CONTINUED - ORDINANCE NO. 159 OF 2000 ____________________________________ Patricia G. Spigener, Chairman ______________________________________ Arthur G. Thompson, Clerk of Council UNFINISHED BUSINESS (tabled legislation): 1. Ordinance No. 211 of 1998: ZONING: C-64-98, QUERBES LAND CO; N side of E 70th St. between Sand Beach Bayou and Bayou Pierre from R-A to B-2 and B-3, shopping center. (C/Carmody) (Tabled on November 10, 1998 and Postponed on November 24, 1998) 2. Ordinance No. 54 of 1999: Creating a Police Department Citizens' Review Board. (A/Huckaby) (Tabled on August 10, 1999) 3. Ordinance No. 125 of 2000 by Councilman Huckaby: Amending Chapter 10 of the Code of Ordinances by deleting Section 10-144, or its successor provision, relative to physical separation of sales of beverages of high alcoholic content for consumption off the premises. (Tabled on August 22, 2000) NEW BUSINESS: Complaint against Express Medical Service: A Class B Ambulance Provider (set time and place of hearing in accordance with Sec. 46-60 of the Code).
Councilman Shyne: I've discussed this with some very knowledgeable persons, Clerk of Council, Mr. Arthur Thompson and the Chief Administrative Officer who advised me that we need to let it go through the process that it is going through now, through the court process and we will see what comes of it there. But we will leave it on the agenda under New Business. Councilman Spigener: I think that I certainly agree with you on the particular issue and Mr. Thompson, do we just need to leave it under New Business or what do we need to do? Mr. Thompson: Why don't you direct us to put it under Unfinished Business for the next meeting. Mr. Thompson: You just move it to Unfinished Business. Councilman Spigener: Then Councilman Shyne you are asking that we move this to Unfinished Business and I don't think that we have to vote on it Councilman Huckaby. Councilman Burrell: Madame we did discuss this on yesterday, and I understand that we did have two options: (1) to carry it through court and (2) to bring it back to the Council who actually issued the license to make a determination, is that the understanding? Ms. Glass: Mr. Burrell, you all have a memorandum on your desk in front of you. We researched that a little bit further, but the Code was somewhat misleading in the section that talked about complaints. On further research, we found that the authority for revocation of the license lies with the Chief Administrative Officer, so that is one alternative. I think the other alternative, a Mr. Shyne discussed is letting it go through the city court as a matter of prosecution. Councilman Burrell: So it doesn't come back to the Council, it's the CAO? Ms. Glass: Then it would come back to the Council if the CAO were to revoke the license, then it could appealed to the Council.
REPORTS FROM OFFICERS, BOARDS AND COMMITTEES. None. CLERK'S REPORT. None. COMMUNICATIONS AND MISCELLANEOUS MATTERS. The Council resolved itself into Committee of the Whole on motion by Councilman Burrell, seconded by Councilman Serio. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. Motion by Councilman Carmody, seconded by Councilman Spigener that the Committee Rises and Report and reconvene itself as the Council. Motion approved by the following vote: Councilmen Huckaby, Carmody, Spigener, and Burrell. 4. Nays: None. Out of Chamber: Councilmen Stewart, Serio and Shyne. 3. There being no further business to come before the Council, the meeting adjourned at 4:55 p.m.
_____________________________________ Patricia G. Spigener, Chairman ______________________________________ Arthur G. Thompson, Clerk of Council
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