COUNCIL PROCEEDINGS OF THE CITY OF SHREVEPORT, LOUISIANA

JANUARY 9, 2001

The regular meeting of the City Council of the City of Shreveport, State of Louisiana, was called to order by Vice-Chairman Thomas Carmody at 3:10 p.m., Tuesday, January 9, 2001, in the Government Chambers in Government Plaza (505 Travis Street).

Invocation was given by Councilman Spigener.

On roll call, the following members were Present: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne (arrived at 3:20) and Burrell. 6. Absent: Councilman Serio. 1.

Vice-Chairman Carmody: I want to make note that our Chairman is running a little bit late, but should be here momentarily, until such time, will go ahead and begin our meeting.

Motion by Councilman Burrell, seconded by Councilman Stewart for approval of the Summary Minutes of the Administrative Conference of December 21, 2000. Motion approved by the following vote: Councilmen Huckaby, Stewart, Carmody, Spigener, and Burrell. 5. Nays: None. Absent: Councilmen Shyne and Serio. 2.

Motion by Councilman Burrell, seconded by Councilman Spigener for approval of the Minutes of the Regular Meeting of December 27, 2000 and the Agenda As Amended on January 8, 2001. Motion approved by the following vote: Councilmen Huckaby, Stewart, Carmody, Spigener, and Burrell. 5. Nays: None. Absent: Councilmen Shyne and Serio. 2.

Awards, Recognition of Distinguished Guests and Communications of the Mayor Which Are Required by Law.

Councilman Carmody: The Acting Chair would like to recognize Reverend Billy McCormack. We are glad to have you with us; thank you very much.

Public Hearings: None.

Confirmations and Appointments: None.

Suspend Rules to Add Legislation to the Agenda:

Motion by Councilman Carmody to suspend the Rules to add legislation to the agenda, seconded by Councilman Stewart. Motion approved by the following vote: Councilmen Huckaby, Stewart, Carmody, Spigener, and Burrell. 5. Nays: None. Absent: Councilmen Shyne and Serio. 2.

Motion by Councilman Carmody to add Resolution No. 5 of 2001 to the agenda, seconded by Councilman Stewart. Motion approved by the following vote: Councilmen Huckaby, Stewart, Carmody, Spigener, and Burrell. 5. Nays: None. Absent: Councilmen Shyne and Serio. 2.

Councilman Shyne: I would like to impose upon the Council since the Rules are suspended, I asked Dr. Billy McCormack if he would come down and share a few words with us about his experience in Chicago and he had a special guest that was visited our city over the weekend.

Motion by Councilman Huckaby to allow Dr. McCormack to address the Council, seconded by Councilman Spigener. Motion approved by the following vote: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.

Dr. McCormack: I’m grateful for this opportunity to greet you for just a moment at Councilman Shyne’s invitation. I have come to speak about a meeting I had subsequent with my meeting with Louis Farrakan. I went to Chicago again and met with Sunyun Moon and between these two men, both of whom who lead a large contingent of people, I am working with these people in order to bring about as much reconciliation between races and religions as possible.

I addressed 2000 preachers, most of whom were African-American, in Chicago. Most of them were Church of God in Christ pastors, a tremendous evangelical denomination. And these men, as interested as I am in the reconciliation and speaking to the brotherhood of men, regardless all over this United States of America. And they asked me to bring my experiences and a few of them had ever had the range of experience that I have because when I was very young, I witnessed a lynching of a black man which none of them probably had every seen. My father had carried me there to show what hatred can do.

I explained to them then that from where I had come in that day unto where I am now in a journey on my mission to bring people together, to love one another, to drop the hatreds that would divide us. And so, I was privileged to address that group and to bring them greetings from our City. And, then from there, I have been asked to go to a meeting of 400 world leaders in New York, the last week in January. There will be 40 people from the United States and I’ve been asked to participate in a conference or forum that will bring about further reconciliation and love among peoples.

And, so I’m thankful to be a representative from our City working in behalf of a cause that I think is very, very important. The day before the new President is to be installed, his Inauguration, we’ll have a prayer meeting in Washington and there will be about 500 African-American pastors there to pray with us for the new President and his Administration. And so, we are doing everything we can toward the healing of peoples in this country. And, thank you for allowing me the privilege to come by and express these things that are going on and God has privileged me to be a part and I’m thankful for all of you and the stewardship that you have for our great country and I’m proud of Shreveport and proud of this Council.

Councilman Shyne: Brother Billy just before you sit down, we want to let you know that we appreciate you representing Shreveport and we appreciate you representing the Human Relations Commission. This is what it is all about, bringing people together and showing love and we appreciate you being our Ambassador from Shreveport. Dr. McCormack: Thank you very much and God bless all of you.

The Council considered the CONSENT AGENDA legislation.

INTRODUCTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:

INTRODUCTION OF RESOLUTIONS: None.

INTRODUCTION OF ORDINANCES: None.

ADOPTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:

Motion by Councilman Spigener, seconded by Councilman Stewart for Adoption of Resolution Nos. 1 and 2 on the Consent Agenda. Motion approved by the following vote: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.

RESOLUTIONS:

RESOLUTION NO. 1 OF 2001

A RESOLUTION ACCEPTING DEDICATION FOR TOULOUSE DRIVE, ST. CHARLES BOULEVARD, AND DAUPHINE COURT IN THE ST. CHARLES PLACE, UNIT NO. 3, SUBDIVISION , 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 dedication for Toulouse Drive, St. Charles Boulevard, and Dauphine Court in the St. Charles Place Unit No. 3 Subdivision in the SE 1/4 of Section 29 (T16N-R13W), Caddo Parish, Louisiana, and as shown on the plats attached hereto and made a part hereof, be and the same is hereby accepted as dedicated to the public for public use in the City of Shreveport.

BE IT FURTHER RESOLVED that the original plat reflecting the dedication for Toulouse Drive, St. Charles Boulevard, and Dauphine Court be and 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 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 RESOLVED that all ordinances or resolutions or parts thereof in conflict herewith are hereby repealed.

RESOLUTION NO. 2 OF 2001

A RESOLUTION ACCEPTING DEDICATION FOR TOULOUSE DRIVE IN THE ST. CHARLES PLACE, UNIT NO. 2, SUBDIVISION , 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 dedication for Toulouse Drive in the St. Charles Place Unit No. 2 Subdivision in the SE 1/4 of Section 29 (T16N-R13W), Caddo Parish, Louisiana, and as shown on the plats attached hereto and made a part hereof, be and the same is hereby accepted as dedicated to the public for public use in the City of Shreveport.

BE IT FURTHER RESOLVED that the original plat reflecting the dedication for Toulouse Drive be and 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 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 RESOLVED that all ordinances or resolutions or parts thereof in conflict herewith are hereby repealed.

ORDINANCES: None.

RESOLUTIONS ON SECOND READING AND FINAL PASSAGE OR WHICH REQUIRE ONLY ONE READING:

RESOLUTION NO. 203 OF 2000

A RESOLUTION APPROVING THE 2001 BUDGET FOR THE SHREVEPORT-BOSSIER CONVENTION AND TOURIST BUREAU AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, the Shreveport-Bossier Convention and Tourist Bureau is required to submit its annual budget to the City of Shreveport for approval.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, in legal session convened, that the Shreveport-Bossier Convention and Tourist Bureau budget for 2001, a copy of which was filed with the Clerk of Council on December 12, 2000, be and the same is hereby approved.

BE IT FURTHER RESOLVED that the Shreveport- Bossier Convention and Tourist Commission, acting as the governing body for the Bureau, is hereby authorized to adjust individual line items within the approved 2001 budget, provided that any adjustment which increases the total budget shall require the approval of the City Council.

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 which can be given effect without the invalid provisions, items or applications; and, to this end, the provisions of this resolution are hereby declared to be 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 Spigener, seconded by Councilman Stewart for passage.

Councilman Shyne: I’ve had a few telephone calls and a matter of fact if Dr. Cash doesn’t mind me calling his name, I know he will not be able to speak at this particular junction, but he called me and some others have called me and they have raised some questions. Is Ms. Brown in the house? I’m sorry, Ms. Brown, I’m not going to ask you to come forward, but I do want to let you know, there are still some questions and concerns about employment, about the racial make up of your staff, and about the number of dollars that have been going into events and activities that relate to the minority community.

There is still some deep concerns and some questions and some people are still dissatisfied, so I would appreciate it if you and your Board would work at trying to bring about a racial balance in your hiring practices, and I would appreciate it if you could keep in contact with Dr. Cash and he has some ideas that he would like to give to you.

Councilman Stewart: I have similar feelings as Mr. Shyne and I would extend it to say I’m concerned about the economic expenditures that have been made in several incidences if not more than that and how the decisions were made: large amounts being given to, what I would define as, small economic development projects and small amounts to large ones.

I also sense in looking at the representation issue, that while it represents this area, the Parish definition of representation, if you look at the residency issues, associated with the members it seems to be principally from Bossier. I certainly think that this is an issue where Shreveport-Bossier City and Caddo Parish and Bossier Parish work together, without question, but I think that also needs to reflect in much the same way that you find representative districts the same type of make-up. We are in fact, the Ark-La-Tex area, the center of it, the two cities. I would hope that we might keep that in mind more specifically, I would request, because I do think that that reflects the contribution based on the taxes and the financial support.

Councilman Burrell: Stacy and I ‘ve talked over the period and I know she has given a commitment to try to work toward some sort of balance. I think it is incumbent upon us to do, if they are not able to find or appear not to be able to find, qualified candidates for the filling of those jobs, then I think that we should take it upon ourselves too, to send people there. I know I have a pile of resumes that people give me from time-to-time because, I don’t know, they must think I’m in the employment business, but there is some resumes that of highly qualified and I normally send them on to whatever the jobs are, whether it is the boats, whether it is GM or whether it is the City and in this case, whether it is the Tourist Bureau, so we would like to, especially in the area of minorities, it seems like it has been sort of traditional that in that particular population, you are not able to find qualified people but when I get these resumes, they are highly qualified especially from an educational standpoint, maybe in experience. Because of the lack of opportunity to work in certain areas, they may lack some of the experience, but they got to get training somewhere; so, I will be sending the ones that I have forward to you.

Resolution passed by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.

The Deputy Clerk read the resolution by title: Resolution No. 205 of 2000: A resolution authorizing a contract between the City of Shreveport and Right to Play, Inc. relative to the construction of a handicapped accessible playground at A. C. Steere Park and to otherwise provide with respect thereto.

Read by title and as read motion by Councilman Carmody, seconded by Councilman Stewart to postpone the resolution until the January 23, 2001 meeting.

Councilman Carmody: I have asked Karen Gordon who is the representative of Right to Play to come speak before our Council Work Session to discuss the project to build the handicapped accessible playground at A. C. Steere Park, which is in District C. And she should be here on the 22^nd and I’d ask her to address us also, shortly, at the formal meeting on the 23^rd. I would appreciate your giving her your ear and I think this is a very beneficial project that I’d like to see add to our City.

Councilman Burrell: This is a follow-up to that, being that this particular handicapped accessible playground is for A. C. Steere, may I ask, is it such a playground where all handicapped kids maybe will come to this particular one. They will not be disbursed, say later on, this will be the first installation of one here, then one somewhere else or is this for a collective playground, I guess, for handicapped kids?

Councilman Carmody: Councilman, this is actually, it is a citywide project and A. C. Steere, happening to be a municipal park and I guess when you see A. C. Steere, you just think of the school, but this is actually for all of the citizens who could benefit that live in our community who have either children who are handicapped or handicapped themselves.

Councilman Shyne: Gary, if I’m not mistaken, I believe that is kind of where our handicapped program is kind of concentrated? And, I appreciate the kind of playground equipment that you are putting in some of the parks out in Mooretown.

Mr. Norman: Yes, sir that area of town, the way this came about, Councilman Burrell, is this particular group is going to be responsible for raising all of the money that is going to go into building this particular park. They looked at a number of different parks all throughout the community and just felt that this one was better suited for the type of playground that is going to go in.

All of our new equipment that you see going in the parks that we have been able to purchase through the last couple of years with the CDBG money that we use, have accessible pieces to those units that we are putting in so all of our parks will have handicap accessible playground equipment.

Councilman Burrell: Clarification. You said accessible pieces to the equipment that is going into the different parks? Mr. Norman: Yes, sir all of it have elements that will be accessible to meet those guidelines and all. This particular park is just a very unique park and I don’t want to steal any of Ms. Gordon’s thunder, because I think that you will be very pleased or very interested to see just how this particular playground is put together. But they are looking at raising about $400,000 to build this particular playground. As Councilman Carmody said, it will be open for use by all citizens of the community, not just handicapped individuals, but it will be a combined playground but all of the elements of this particular piece will be designed for use by handicapped individuals.

Motion to postpone the resolution approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener , Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.

RESOLUTION NO. 4 OF 2001

A RESOLUTION REVERSING THE SUSPENSION OF A PORTION OF ORDINANCE NO. 126 OF 1997 AND AMENDING ORDINANCE NO. 194 OF 1998, THE CAPITAL IMPROVEMENTS BUDGET ORDINANCE, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

WHEREAS, the City Hall Annex will house a Customer Service Center for the Citizens of Shreveport; and

WHEREAS, the City Hall Annex will house a portion of the Environmental Affairs division of the Department of Operational Services; and

WHEREAS, Resolution No. 194 of 1998 provides

The Mayor is not authorized to execute any contract, deed, or other legal instrument to encumber funds from the Campus Plan Phase II - Water & Sewer Customer Service Center (96A001), until so authorized as restored by resolution of the City Council; and

WHEREAS, Resolution No. 91 of 1997 provides

After the effective date of this resolution the Mayor is not authorized to execute any contract, deed, or other legal instrument to encumber funds from the following projects: Texas Avenue Campus Plan (94A003), Campus Plan II - Water & Sewer Customer Service Center (96A001), Texas Avenue Campus Plan Phase III - Central Energy Plant (96A003), and Texas Avenue Campus Plan IV - Police Building (96A004). Previously executed contracts shall remain in full force and effect and change orders within scope thereof may be executed; and

WHEREAS, Ordinance No. 126 of 1997 provides

"SECTION IV: The Mayor be and he is hereby authorized to execute all contracts, deeds, and other legal instruments necessary to expend and receive the funds herein authorized."

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, in due, legal and regular session convened, that Resolution No. 91 of 1997 and Resolution No. 194 of 1998 are hereby repealed, and the Mayor’s authority to execute any contract, deed, or other legal instrument encumber funds from the Campus Plan Phase II - Water & Sewer Customer Service Center and Environmental Affairs Division is hereby restored.

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 Carmody, seconded by Councilman Spigener passed by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener , Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.

INTRODUCTION OF RESOLUTION:

1. Resolution No. 5 of 2001: A resolution authorizing the use of certain city property by the Shreveport Regional Sports Authority and to otherwise provide with respect thereto.

INTRODUCTION OF ORDINANCES:

1. Ordinance No. 1 of 2001: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the NW corner of Linwood and W. 81^st Street, Shreveport, Caddo Parish, Louisiana, from R-1D, Urban, One-Family Residence District to B-3, Community Business District, and to otherwise provide with respect thereto.

2. Ordinance No. 2 of 2001 by Councilman Huckaby: An ordinance amending the 2001 budget for the Riverfront Development Special Revenue Fund and otherwise providing with respect thereto.

3. Ordinance No. 3 of 2001 by Councilman Shyne: An ordinance amending the 2001 budget for General Fund and otherwise providing with respect thereto.

Read by title and as read motion by Councilman Huckaby, seconded by Councilman Carmody for Introduction of the Resolution and Ordinances to lay over until the January 23, 2001 meeting. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.

ORDINANCES ON SECOND READING AND FINAL PASSAGE:

1. Ordinance No. 197 of 2000: An ordinance to repeal Section 2-1 of the Code of Ordinances relative to residency requirements for city officials and to otherwise provide with respect thereto.

Having passed first reading on November 14, 2000 was read by title and on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Burrell, seconded by Councilman Stewart to postpone the ordinance until the January 23, 2001 meeting.

Councilman Burrell: As I said on yesterday that I had Deborah Tomasek research residency requirements in different other cities, and she has compiled a number of different ordinances and also some pros and cons to their residency ordinance or residency requirement and I’ll be sharing it with the Council. I did not have it early enough to really go through it well myself, so I’ll be having it reproduced and sent to each of the Council members for their perusal; so, I will postpone it.

Motion to postpone approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.

2. Ordinance No. 213 of 2000: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the NE corner of Ellerbe Road and Chinquapin Drive, Shreveport, Caddo Parish, Louisiana, from R-1D, Urban, One-Family Residence District to B-2, Neighborhood Business District and to otherwise provide with respect thereto.

Having passed first reading on November 28, 2000 was read by title and on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Carmody, (until Councilman Serio is here to give us some guidance) seconded by Councilman Spigener to postpone the ordinance until the January 23, 2001 meeting. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.

3. Ordinance No. 220 of 2000: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the NW corner of Shreveport Barksdale Hwy and Knight Street, Shreveport, Caddo Parish, Louisiana, from B-2, Neighborhood Business District to B-3, Community Business District and to otherwise provide with respect thereto.

Having passed first reading on December 12, 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 Huckaby adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.

Having passed first reading on December 27, 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 Huckaby to postpone Ordinance Nos. 221 through 228 until the January 23, 2001meeting. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.

4. Ordinance No. 221 of 2000: An ordinance to amend Section 62-91 (2) of the Code of Ordinances relative to the Department of Public Assembly and Recreation Fee Schedule and to otherwise provide with respect thereto.

5. Ordinance No. 222 of 2000: An ordinance closing and abandoning a portion of the Meadow Parkway Drive right-of-way in the Meadow Park Heights Subdivision, and to otherwise provide with respect thereto.

6. Ordinance No. 223 of 2000: An ordinance authorizing the lease of city-owned property to Columbia Café’ L.L.C. and to otherwise provide with respect thereto. 

7. Ordinance No. 224 of 2000: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located generally at the NW corner of E. 70^th Street and Fern Avenue Extension, Shreveport, Caddo Parish, Louisiana, from R-A, Residence-Agriculture District to R-1D (PUD), Urban, One Family Residence (Planned Unit Development) District, B-1, Buffer Business District and B-3, Community Business District and to otherwise provide with respect thereto.

8. Ordinance No. 225 of 2000: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the north side of College Street, 250 feet east of Line Avenue, Shreveport, Caddo Parish, Louisiana, from R-1H, Urban, One Family Residence District to B-1, Buffer Business District and to otherwise provide with respect thereto.

9. Ordinance No. 226 of 2000: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located 1,500 feet east of Line Avenue, between the Inner Loop and the T & P Railroad tracks, Shreveport, Caddo Parish, Louisiana, from R-3, Urban, Multi-Family Residence District to B-3, Community Business District and to otherwise provide with respect thereto.

10. Ordinance No. 227 of 2000: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the east side of Linwood Avenue, 1,000 feet south of the Inner Loop, Shreveport, Caddo Parish, Louisiana, from R-1D, Urban, One-Family Residence District and R-A, Residence Agriculture District to B-3, Community Business District and to otherwise provide with respect thereto.

11. Ordinance No. 228 of 2000: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the NW’ly side of Martin Luther King Drive, 675 feet north of Rear Montana, Shreveport, Caddo Parish, Louisiana, from R-1H, Urban, One-Family Residence District to R-1H-E, Urban, One-Family Residence/Extended Use District, "limited to a "senior citizen residential facility, clinic, administration center, and a day care" only, and to otherwise provide with respect thereto.

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)

Councilman Carmody: I would appreciate the Council’s consideration to go ahead and take Ordinance 211 of 1998 and to remove it off of the table so that it can be considered along with the prior ordinance concerning this property, 224 which will be considered on January 23.

Having passed first reading on October 27,1998, was read by title and as read on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Carmody, seconded by Councilman Stewart to remove the ordinance from the table and put it on the Regular Agenda. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.

2. Ordinance No. 54 of 1999 by Councilman Huckaby: 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)

4. 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: All of ya’ll received a copy of that, so we will move on.

NEW BUSINESS:

1. Appeal: ABO Card appeal: Roderick Walker

Mr. Thompson: Mr. Walker is here and the Police Department are ready to make a recommendation. It was postponed on yesterday, the Council can take it up today if they would like to.

Motion by Councilman Huckaby, seconded by Councilman Carmody to address the appeal. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.

Lieutenant Shoemake: Mr. Walker was denied for a couple of reasons. His January 10, 2001first reason was he falsified his application and stated that he had never been arrested or convicted, when in fact he had been and two active bench warrants on him due to the fact that he had not paid the fines on those. He has now taken care of those fines. We will deal with the falsifying the application in another manner, so at this time the Police Department has no objections to him being issued a card.

Motion by Councilman Huckaby, seconded by Councilman Spigener to grant Mr. Walker an ABO card.

Councilman Shyne: Mr. Walker, use it very wisely here. Mr. Walker: Thank you. Councilman Shyne: Life is an up and down game and you just have to keep on keeping on, but always make sure that you (inaudible) no matter what it is.

Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.

Mr. Thompson: Mr. Walker would need a letter from our Office. He can pick it up tomorrow or we can e-mail it to the Permits Office. Give us a call tomorrow and let us know how you want to handle it. Mr. Walker: Thank you.

2. Appeal: BAC-93-00, LAKESHORE BAR-B-Q, 2601 Lakeshore Dr., Unit B; Special Exception Use in a B-2 District; restaurant with on-premises consumption of beer.

Councilman Burrell: I had gotten a call and I’m going to be postponing this once more.

Motion by Councilman Burrell, seconded by Councilman Carmody to postpone the application until the January 23, 2001 meeting. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.

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 Carmody, seconded by Councilman Huckaby. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.

Motion by Councilman Carmody, seconded by Councilman Spigener that the Committee Rises and Report and reconvene itself as the Council. Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.

There being no further business to come before the Council, the meeting adjourned 4:20 p.m.

/s/Joe Shyne, Chairman

/s/Arthur G. Thompson, Clerk of Council