COUNCIL PROCEEDINGS OF THE CITY OF SHREVEPORT LOUISIANA

FEBRUARY 13, 2001

The regular meeting of the City Council of the City of Shreveport, State of Louisiana, was called to order by Chairman Joe Shyne at 3:15 p.m., Tuesday, February 13, 2001, in the Government Chambers in Government Plaza (505 Travis Street).

Invocation was given by Reverend Charlie Davis.

On roll call, the following members were Present: Councilmen 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 January 22, 2001 and Minutes of the Regular Meeting of January 23, 2001. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell 7. Nays: None.

Public Hearings: Adopting the 2001 Environmental Grants Special Revenue Fund.

Councilman Shyne called for a presentation from the Administration. There was no presentation and no persons indicated a desire to speak in favor of the budget nor in opposition to the budget.

Confirmations and Appointments: 1) Leanis Graham, City Internal Auditor. Motion by Councilman Carmody for confirmation, seconded by Councilman Serio.

Councilman Carmody: As the Chairman of the Audit and Finance Committee, it is my pleasure to ask the Council today to confirm the appointment of Leanis Graham as our City Internal Auditor

Just as a little history on this matter, the Audit and Finance Committee had done an international search, thanks to the Internet and we had received approximately 60 applications. Those applications were ranked according to objective criteria and 8 applicants were interviewed in a first round, with 4 of the 8 being interviewed in the second round.

Many applicants were highly qualified, and the selection process was very competitive. We thank all of the applicants for their participating in the process. And we’d especially like to thank and acknowledge the contributions of the other members of the Audit staff who applied. They are all highly qualified personnel and professionals who gave us valuable insights during their interviews.

The Audit and Finance Committee recommends the appointment of Leanis Graham as our City Internal Auditor at an annual salary of $71,352.60.

Ms. Graham is a Certified Public Accountant (CPA) and a Certified Internal Auditor which is a CIA designation. She began her career with KPMG Peat Marwick, and has been a staff auditor with the City of Shreveport for 9 years. Council members, her resume is attached. I recommend that you read it. It is very impressive.

I would like to acknowledge Leanis at this point, and as for our support in confirming her and ask her to come forward after our vote. So at this point, if we could go ahead and move for the appointment.

Councilman Burrell: I too support our Chairman on this. I sat in the seat as the Chairman of the Audit and Finance Committee for the last, I guess, 6 years and Leanis has been an exceptional auditor. Although we have an Audit staff that is exceptional and above any that I’ve ever thought to have working as part of the City of Shreveport. I’ll put our Audit staff against any other city’s audit staff. And if it is okay with the Chairman and with you Mr. Chairman, we do have some of our other auditors who are here supporting her and if they would, I would like for them to stand. Councilman Shyne: When Ms. Graham comes forward, we would like for them to come up and at least join the family on the front row, when we pass this.

Councilman Burrell: Wonderful. One other note I would like to make on behalf of Leanis, she is a very exceptional person, very studious. She doesn’t like people to talk about it, but anytime that you can maintain a 4.0 average in Undergrad and then make a 4.0 average as a Grad, you are doing something; that’s very, very exceptional; so, she is a very smart individual too. So, with that I appreciate the opportunity to comment.

Councilman Spigener: As a member of the Audit and Finance Committee, and I’ve been there for 6 years, this was a very interesting opportunity that we had to interview people from all over the country for this position. And I too support the appointment of Leanis Graham as, I won’t be repetitive in what has already been said, her resume is very impressive. She’s been a very faithful employee of the City for as many others in the Audit and Finance Department have been and I think we’ve made a very good choice.

Councilman Shyne: As the Chairman, I would like to thank the Audit and Finance Committee for picking such a fine professional, southern lady. This goes back to what the Mayor has always said about, lets bring our kids home and of course Leanis, I do want you to know, I’m not calling you a kid, you are a southern lady. But this goes to show you that we believe in bringing the kids home. Leanis has an impeccable record, an impeccable record. I’m very proud and very happy to be a part of this historical moment. Leanis, we are extremely proud of you and I want her family to know, that we are extremely proud of her. She has an impeccable work record and it goes to show you that if you prepare yourself, and if you do what you need to do, the sky is the limit. Leanis is a role model and I’m not, I don’t usually refer to people as being role models, because I think that, a lot of times we take that to an extreme, but if we have a role model, Leanis you are one. And, I’m not saying this to put you in an uncomfortable situation where you’ll have a lot of undue stress and strain and a lot of undue pressure on you - just keep on doing what you are doing and again, I think you all made the best selection.

Confirmation of appointment approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell 7. Nays: None.

Councilman Shyne: Ms. Graham, would you please come forward and I would hope that you would introduce your mother and father first and then tell us what family members you have here with you and any friends and, I would appreciate it if her colleagues would come forward. This sends a message too, to the other city employees that if you do what you need to do, you can get promoted.

Ms. Graham: First of all, I would like to take this opportunity to thank the Audit and Finance Committee members for recommending me for this appointment. I know certainly, that there were a lot of qualified applicants, but you selected me from among those and I regard that as a great honor.

Next of all, I would like to express my appreciation to the City Council as a whole for confirming my appointment. I see this as a great challenge, but I want to meet this challenge with great enthusiasm and a lot of hard work.

Lastly, I want to recognize two groups of people. First of all, the Internal Audit Staff which you see standing here. I’ve worked in the department for 9 years and I know that they are all very experienced professionals. I think any Internal Audit Department would be fortunate to have them on their team, as I am glad to have them on my team. We’ve worked well with the Administration in the past and I certainly will continue to do that.

Finally, last, but not least, I would like to recognize my family who support me. My mother and father, Bernice and Leon Graham and especially my aunt, Isabella Sanders. They’ve been great role models. They are people with high character and high integrity. And if I have half of that, I know that I will successful in whatever endeavors I pursue, so again I want to take this opportunity to thank you and I look forward to beginning this new chapter in my life; thank you.

Councilman Shyne: Leanis, we are very proud of you and I do see that you have a very diverse family, too.

Councilman Carmody: Leanis, I want to make one other comment and I know that Roy is in the same boat as the three of us are, but being 1of 13 children. I want to commend both your mother and father, because from what I understand, there are 5 of ya’ll have graduated from college and 1 due to graduate this summer. Ms. Graham: That’s correct. Councilman Carmody: That speaks volumes. That’s what every parent should do, be supportive, encourage their children, and I think that you are a prime example of exactly what you can accomplish when you put your mind and your heart into it.

Councilman Burrell: Leanis, I got one up on you. We got 14. I want to say something about Doug. Doug stepped in and has stepped in several times when our main auditor either was out of town, we wind up not having one and he stepped to the forefront and did an exceptional job as Interim Supervisor; so, I definitely want to recognize that. And he has just done a wonderful job for the city. Doug we are looking forward to it that you will continue doing great work.

Councilman Shyne: To the Audit Department, congratulations. Doug, my hat goes off to you. Leanis and the others, thank ya’ll very much.

2) Fire and Police Civil Service Board: Earl Culbert, Adam Sistrunk and Dennis Smith. Motion by Councilman Serio, seconded by Councilman Carmody for confirmation. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell 7. Nays: None.

3) Shreveport Regional Sports Authority: Charlton Holmes, William Coburn and Chris Gabriel (reappointment). Motion by Councilman Burrell, seconded by Councilman Spigener for confirmation. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell 7. Nays: None.

4) Shreveport Housing Authority: Margy Ray. Motion by Councilman Burrell, seconded by Councilman Carmody for confirmation. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell 7. Nays: None.

5) Building Board of Appeals: Steve Brown. Motion by Councilman Stewart, seconded by Councilman Serio for confirmation. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell 7. Nays: None.

6) Electrical Board: Lloyd Thompson. Motion by Councilman Burrell, seconded by Councilman Serio for confirmation. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell 7. Nays: None.

7) Mechanical Board: W. E. Hamm, Bobby Brannon, Ronald L. Boutee, P.E., Thomas G. Sanders, P. E. and Ken Hadley Motion by Councilman Carmody, seconded by Councilman Spigener for confirmation. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell 7. Nays: None.

8) Architectural/Engineering Selection Committee: Dr. Artis Cash, Sr. Motion by Councilman Burrell, seconded by Councilman Huckaby for confirmation. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell 7. Nays: None.

9) Industrial Development Board: Roosevelt Smalley and Lee Roy Clemons. Motion by Councilman Burrell, seconded by Councilman Carmody for confirmation. 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:

RESOLUTIONS: None.

ORDINANCES: None.

ADOPTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:

Motion by Councilman Huckaby, 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:

RESOLUTION NO. 15 OF 2001

A RESOLUTION AUTHORIZING THE INSTITUTION OF EXPROPRIATION PROCEEDINGS AGAINST CERTAIN DESCRIBED PROPERTY WITHIN THE CITY OF SHREVEPORT IN CONNECTION WITH THE SHREVEPORT CONVENTION CENTER PROJECT, INDEX CODE NO. 400572, PARCEL NO: P-13, AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, the City of Shreveport has developed the Shreveport Convention Center Project, Index Code No. 400572; and

WHEREAS, the property described in the legal description, and more fully shown on the plat map marked as Exhibit "A" attached hereto, is situated in said development; and

WHEREAS, all attempts to amicably acquire fee title to the property comprising Parcel No: P-13 have failed; and

WHEREAS, public necessity dictates that this property be owned by and subject to the use by the City of Shreveport.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, regular and legal session convened, that the expropriation of this property is necessary for the public interest; therefore, the City Attorney be and he is hereby authorized to institute expropriation proceedings against the owners of record, as they might appear at the time of filing suit, of the property described in Exhibit "A" attached hereto as Parcel No: P-13, to be acquired in fee title.

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.

ORDINANCE:

Motion by Councilman Burrell, seconded by Councilman Spigener for Adoption of the Ordinance on the Consent Agenda. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

ORDINANCE NO. 4 OF 2001

AN ORDINANCE CLOSING AND ABANDONING A PORTION OF MISSION STREET IN THE JEWELLA 14 ACRE SUBDIVISION, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO

BE IT ORDAINED by the City Council of the City of Shreveport in due, regular and legal session convened, that a 6,741 sq. ft. irregular shaped portion of the Mission Street dedication in the Jewella 14 Acre Subdivision in the SE/4 of Section 9 (T17N-R14W), Caddo Parish, Louisiana, and as shown and as indicated on the plat attached hereto and made a part hereof, is hereby closed and abandoned, and be it ordained that a utility servitude be retained for an existing 8 inch sanitary sewer main, also, as indicated and as shown on the plat attached hereto.

BE IT FURTHER ORDAINED that a certified copy of this ordinance be filed and recorded in official records of the District Court for Caddo Parish, Louisiana.

BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this ordinance which can be given effect without the invalid provisions, items or applications and to this end, the provisions of this ordinance are hereby declared severable.

BE IT FURTHER ORDAINED that all ordinances or resolutions or parts thereof in conflict herewith are hereby repealed.

/s/ Joe Shyne, Chairman

/s/Arthur G. Thompson, Clerk of Council

Suspend Rules to Allow Comments and Adding Legislation To The Agenda

Councilman Burrell: At what juncture will we add this legislation, looked like we passed it up there? Mr. Thompson: Mr. Burrell, there is no place on the agenda during the regular meeting, so you would suspend the rules at any point.

Motion by Councilman Burrell, seconded by Councilman Carmody to suspend the rules to add Resolution No. 18 of 2001 for Introduction to the agenda. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

Motion by Councilman Burrell, seconded by Councilman Huckaby to add Resolution No. 18 of 2001 to the agenda. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

Councilman Carmody: I’d like to add an amendment to Resolution 13 of 2001 relative to Shreveport Historic Music and Cultural Redevelopment area, seconded by Councilman Stewart. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, and Shyne. 6. Nays: None. Did not cast a vote: Councilman Burrell. 7. Nays: None.

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

RESOLUTION NO. 10 OF 2001

A RESOLUTION AUTHORIZING THE EXECUTION OF A COOPERATIVE ENDEAVOR AGREEMENT WITH THE SHREVEPORT GARDEN STUDY CLUB, INC., AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

WHEREAS, the City of Shreveport is the owner of the Greenwood Cemetery (the Cemetery"); and

WHEREAS, the Shreveport Garden Study Club, Inc. ("SGSC"), desires to assist City in improving the Cemetery; and

WHEREAS, SGSC has developed a Master Plan ("the Plan") to serve as a guide for its improvement efforts; and

WHEREAS, intends to embark upon a capital campaign to implement the Plan; and

WHEREAS, implementation of the Plan will provide a benefit to the general public; and

WHEREAS, City desires to participate with SGSC in implementing the Plan.

NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Shreveport, in due, legal and regular session convened, that the Mayor is authorized to execute a Cooperative Endeavor Agreement with the Shreveport Garden Study Club, Inc.,

substantially in accordance with the draft attached hereto and filed for public inspection with the original of this resolution in the Office of the Clerk of Council on January 23, 2001.

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, and to this end, the provisions of this resolution are hereby declared severable.

BE IT FURTHER ORDAINED that all resolutions or parts thereof in conflict herewith are hereby repealed.

Read by title and as read motion by Councilman Stewart, seconded by Councilman Carmody passed by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

Councilman Stewart: We have two pieces of legislation today that are very similar in a lot of ways, more particularly, the group that is here today representing the Garden Club is in a five year program for certification and fortunately their focus for those who do not know, who are watching or here, is on the Greenwood Cemetery which has substantial if not, demonstrative historical background in the City of Shreveport. I think it is noteworthy that they not only have chosen this as their program, but to embrace something that has such tremendous historical proportions and to furthermore, do it in such a fashion where they call upon us for our support and activities not just as we’ve seen so often in the past through finances. Their work has just begun, but I can tell you date that the plans they have, the efforts that they have made will bring this particular property and this particular piece of our history to the forefront to the benefit of everybody and I appreciate ya’lls support as well as the Mayor’s and those that were here.

RESOLUTION NO 11 OF 2001

A RESOLUTION AUTHORIZING THE EXECUTION OF A THREE (3) YEAR AGREEMENT WITH THE KREWE OF GEMINI, INC., AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

WHEREAS, the City of Shreveport desires to support cultural, educational and leisure activity programs which serve the public and render a public service; and

WHEREAS, the Krewe of Gemini parade is one of several Mardi Gras parades held annually in the City; and

WHEREAS, the Krewe of Gemini Mardi Gras Parade provides a benefit to the general public and to visitors to the City by providing an opportunity to celebrate the cultural history of this State.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Shreveport in due, legal and regular session convened that the Mayor of the City of Shreveport is hereby authorized to execute a three (3) year agreement with the Krewe of Gemini, Inc., to hold the Krewe of Gemini Mardi Gras Parade in 2001, 2002 and 2003, substantially in accordance with the draft thereof which was filed with the original copy of this resolution for public inspection in the Office of the Clerk of Council on January 23, 2001.

BE IT FURTHER RESOLVED that if any provision or item of this resolution or the application thereof be 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 Serio, seconded by Councilman Burrell passed by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

RESOLUTION NO. 12 OF 2001

AN RESOLUTION AUTHORIZING A THREE (3) YEAR CONTRACT BETWEEN THE CITY OF SHREVEPORT AND THE KREWE OF CENTAUR INC., RELATIVE TO MARDI GRAS PARADES AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

WHEREAS, the City desires to support and sponsor cultural and leisure activity programs which serve a public purpose and render a public benefit; and

WHEREAS, Krewe of Centaur, desires to provide a public benefit through its Mardi Gras Parade and Celebration; and

WHEREAS, City desires to enter into this agreement with the Krewe of Centaur, which will enable the Krewe of Centaur to continue to sponsor the Mardi Gras parades and related events.

NOW BE IT RESOLVED by the City Council of the City of Shreveport in due, legal and regular session convened, Mayor is authorized to execute an agreement with the Krewe of Centaur, Inc., substantially in accordance with the draft thereof filed for public inspection with the original of this resolution in the Office of the Clerk of Council on January 23, 2001.

BE IT FURTHER RESOLVED that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this resolution which can be given effect without the invalid provisions, items or application, and to this end, the provisions of this resolution are hereby declared severable.

BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict herewith are hereby repealed.

Read by title and as read motion by Councilman Serio, seconded by Councilman Carmody 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. 13 of 2001 by Councilman Stewart: A resolution recognizing the establishment of the Shreveport Historic Music and Cultural Redevelopment Area; acknowledging completion by the Foundation for Arts, Music & Entertainment of Shreveport-Bossier, Inc., and receipt by the City Council of the City of Shreveport, of a preliminary plan for redevelopment of the Shreveport Historic Music and Cultural Redevelopment Area; and, authorizing the Mayor to execute an agreement with the Foundation for Arts, Music & Entertainment of Shreveport-Bossier, Inc. for the preparation of a Comprehensive Redevelopment Plan for the Shreveport Historic Music and Cultural Redevelopment Area, and otherwise providing with respect thereto

Read by title and as read motion by Councilman Carmody, seconded by Councilman Serio for passage.

The Deputy Clerk read the following amendment:

By: Councilman Carmody

Amend the resolution as follows:

Amend the third BE IT FURTHER RESOLVED paragraph to read as follows:

BE IT FURTHER RESOLVED, that the Mayor of the City of Shreveport hereby is authorized and empowered to execute, of behalf of the City of Shreveport, an agreement with FAME for the preparation of the comprehensive redevelopment plan for the Shreveport Historic Music and Cultural Redevelopment Area. Provided, however that if said contract provides funds, or grants any exclusive rights to FAME, or places restrictions on the City or any person or entity, the contract must be approved by the Council by resolution.

Motion by Councilman Carmody, seconded by Councilman Stewart for adoption of the amendment. Motion passed by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

Motion by Councilman Stewart, seconded by Councilman Carmody for adoption of the resolution as amended.

Councilman Stewart: It is rare that I spend very few words in approving of things of this measure as well as the previous ones because they are self proving, but I think in the same light as we recognized the Greenwood Cemetery, I think we have to recognize the FAME effort, which has been a long time coming, but has been continuous for over six years or seven years perhaps, and I certainly ask your support and appreciate your support, as well as that of the Mayor and the entire City.

This is another historic area that has fallen behind the times and the particular efforts of these people, from a very wide range, will provide us the wherewithal and hopefully the success that will restore that area in its appropriate historical parts. They too have raised funds, and furthermore have garnered $250,000 through the federal government which is rare, if perhaps the only time I’ve seen it done since I’ve been with the Council.

I appreciate everyone’s support and direction and I hope that the accurate projects of $300 million dollar impact on the community if all things come to fruition, in fact does and I urge your support.

Councilman Shyne: Councilman, thank you. You spoke some very kind words.

Resolution as amended passed by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

RESOLUTION NO. 13 OF 2001

A RESOLUTION RECOGNIZING THE ESTABLISHMENT OF THE SHREVEPORT HISTORIC MUSIC AND CULTURAL REDEVELOPMENT AREA; ACKNOWLEDGING COMPLETION BY THE FOUNDATION FOR ARTS, MUSIC & ENTERTAINMENT OF SHREVEPORT-BOSSIER, INC., AND RECEIPT BY THE CITY COUNCIL OF THE CITY OF SHREVEPORT, OF A PRELIMINARY PLAN FOR REDEVELOPMENT OF THE SHREVEPORT HISTORIC MUSIC AND CULTURAL REDEVELOPMENT AREA; AND, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE FOUNDATION FOR ARTS, MUSIC & ENTERTAINMENT OF SHREVEPORT-BOSSIER, INC. FOR THE PREPARATION OF A COMPREHENSIVE REDEVELOPMENT PLAN FOR THE SHREVEPORT HISTORIC MUSIC AND CULTURAL REDEVELOPMENT AREA, AND OTHERWISE PROVIDING WITH RESPECT THERETO

BY: COUNCILMAN STEWART

WHEREAS, the City Council of the City of Shreveport by Resolution No. 226 of 1980, created and established the Shreveport Redevelopment Agency pursuant to the provisions of Act 179 of the 1968 Louisiana Legislature; and

WHEREAS, the City Council of the City of Shreveport, by Ordinance No. 338 of 1980, authorized the Shreveport Redevelopment Agency to assume the powers and functions of a redevelopment agency created pursuant to Louisiana Revised Statutes 33:4625, the Parish Redevelopment Law; and

WHEREAS, the City Council of the City of Shreveport, adopted Resolution 246 of 1999 on October 26, 1999 (the "Resolution"), which was approved by the Mayor of the City of Shreveport on October 29, 1999 and effective November 6, 1999, recognizing and declaring the following described property to be a slum and blighted area, thus constituting a redevelopment area as defined by Louisiana Revised Statutes 33:4625, and designating same as the Shreveport Historic Music and Cultural Redevelopment Area:

(a) Common Street between Caddo Street and Interstate 20, (b) Interstate 20 between Murphy and Common Streets, (c) Murphy Street between Interstate 20 and Pete Harris Boulevard, (d) Pete Harris Boulevard between Caddo and Murphy Streets, and (e) Caddo Street between Pete Harris Boulevard and Common Street,

which area contains such historic and significant landmarks as, among others, the Municipal Auditorium, Oakland Cemetery, Ledbetter Heights (formerly known as St. Paul’s Bottoms), Blue Goose Hill, renovated homes on Austin Place and "The Avenue," which once served as the African-American central business district in Shreveport; and,

WHEREAS, the Resolution designated the Foundation for Arts, Music & Entertainment of Shreveport-Bossier, Inc. ("FAME") to formulate a preliminary redevelopment plan to be presented to the Metropolitan Planning Commission and to the City Council of the City of Shreveport for consideration as to whether a comprehensive redevelopment plan should be completed; and

WHEREAS, FAME has completed the preliminary redevelopment plan in compliance with the Resolution and has submitted same to the Metropolitan Planning Commission, which has accepted the preliminary redevelopment plan and has made the recommendation that it is in conformity with the general plan for the development of the City, also known as the "Master Plan"; and

WHEREAS, by Resolution 307 of 1999 the City Council of the City of Shreveport adopted the Shreveport Comprehensive Revitalization Strategies Report (the "Plan"), prepared by J-QUAD and Associates and Stanland and Associates dated November 1999 as its General Redevelopment Plan for seven (7) Shreveport neighborhoods, one such neighborhood being a portion of Ledbetter Heights, which also is a portion of the Shreveport Historic Music and Cultural Redevelopment Area; and

WHEREAS, by Resolution 2 of 2000 the Shreveport Redevelopment Agency established the Volunteers of America Section 202 Housing Complex Project as a redevelopment project under the Plan and thereafter by Resolution 5 of 2000 the Shreveport Redevelopment Agency thereafter expropriated ten (10) lots for such housing project, also within the Shreveport Historic Music and Cultural Redevelopment Area, on Milam Street immediately west of Oakland Cemetery; and,

WHEREAS, the comprehensive redevelopment plan proposed to be prepared by FAME incorporates the Ledbetter Heights portion of the Plan and expands both upon the Plan and the Volunteers of America National Services’ housing project, as regards the total geographic size of the redevelopment area (as it pertains to Ledbetter Heights) and the comprehensive redevelopment plan detail of planning;

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shreveport, in due, regular and legal session convened, that FAME has completed the preliminary redevelopment plan, which preliminary redevelopment plan is submitted to the City Council of the City of Shreveport and herewith is acknowledged as received by the City Council of the City of Shreveport;

BE IT FURTHER RESOLVED, that the City Council of the City of Shreveport designates FAME to formulate a comprehensive redevelopment plan for the Shreveport Historic Music and Cultural Redevelopment Area, which shall incorporate in greater detail the redevelopment plan reflected in Resolution 307 of 1999 of the City Council of the City of Shreveport pertaining to Ledbetter Heights and Resolutions 2 and 5 of 2000 of the Shreveport Development Agency pertaining to the housing project of the Volunteers of America National Services, in participation and cooperation with the City Council of the City of Shreveport (serving as Shreveport Redevelopment Agent pursuant to Ordinance No. 338 of 1980), the cost of which comprehensive redevelopment plan in the approximate amount of $400,000 shall be borne by FAME, unless the Mayor or the City Council of the City of Shreveport should determine that partial funding for such comprehensive redevelopment plan should be made by the City of Shreveport, in which event all such funds expended for the comprehensive redevelopment plan shall be in accordance with the Fair Share Plan;

BE IT FURTHER RESOLVED, that the completed comprehensive redevelopment plan shall be presented to the Metropolitan Planning Commission and to the City Council of the City of Shreveport within eight (8) months of receipt of grant funds and other contributions sufficient to defray the total cost of preparing the comprehensive redevelopment plan;

BE IT FURTHER RESOLVED, that the Mayor of the City of Shreveport hereby is authorized and empowered to execute, of behalf of the City of Shreveport, an agreement with FAME for the preparation of the comprehensive redevelopment plan for the Shreveport Historic Music and Cultural Redevelopment Area. Provided, however that if said contract provides funds, or grants any exclusive rights to FAME, or places restrictions on the City or any person or entity, the contract must be approved by the Council by resolution.

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 hereby are declared severable.

BE IT FURTHER RESOLVED, that all resolutions or parts thereof in conflict with this Resolution hereby are repealed.

INTRODUCTION OF RESOLUTIONS:

1. Resolution No. 16 of 2001: A resolution authorizing the execution of a three (3) year agreement with Ark-La-Tex Ambassadors, Inc., and to otherwise provide with respect thereto.

2. Resolution No. 17 of 2001: A resolution authorizing the Mayor to donate Shreveport Police Department K-9 (Rakkie) to Vernon Texas Police Department, and to otherwise provide with respect thereto.

3. Resolution No. 18 of 2001: A resolution ratifying the waiver of rental fees and other charges assessed to the Isle of Capri - Bossier City, Louisiana for use of Fairgrounds Field on February 23 - 24, 2001; ratifying the use of certain equipment for the event; and to otherwise provide with respect thereto.

Read by title and as read motion by Councilman Burrell, seconded Councilman Carmody for Introduction of the Resolutions to lay over until the February 27, 2001 meeting. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

INTRODUCTION OF ORDINANCES:

1. Ordinance No. 14 of 2001: 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 Woolworth, 2,800 ft. north of Buncombe Road, Shreveport, Caddo Parish, Louisiana, from R-A, Residence Agriculture District to I-1, Light Industry District, and to otherwise provide with respect thereto.

2. Ordinance No. 15 of 2001: An ordinance to amend certain provisions of Section 10-192 of the City of Shreveport Code of Ordinances relative to alcoholic beverages and to otherwise provide with respect thereto.

3. Ordinance No. 16 of 2001: An ordinance to enlarge the limits and boundaries of the City of Shreveport - A tract of land located along the South Lakeshore Drive in Fractional Section 5 (T17N-R14W), Caddo Parish, Louisiana, and providing with respect thereto.

4. Ordinance No. 17 of 2001: An ordinance amending the 2001 Community Development Special Revenue Fund and otherwise providing with respect thereto.

Read by title and as read motion by Councilman Burrell, seconded Councilman Stewart for Introduction of the Ordinances to lay over until the February 27, 2001 meeting. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

ORDINANCES ON SECOND READING AND FINAL PASSAGE:

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 Spigener to postpone the ordinance until the February 27, 2001 meeting. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

2. Ordinance No. 5 of 2001: An ordinance amending the 2001 Capital Improvements Budget and otherwise providing with respect thereto.

Having passed first reading on January 23, 2001 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 to postpone the ordinance until the February 27, 2001 meeting. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

3. Ordinance No. 6 of 2001: An ordinance adopting the 2001 budget for the Environmental Grants Special Revenue Fund, appropriating the funds authorizing therein, and otherwise providing with respect thereto.

Having passed first reading on January 23, 2001 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 approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

4. Ordinance No. 7 of 2001: An ordinance to amend and supplement Chapters 78 and 34 of the Code of Ordinances of the City of Shreveport by enacting provisions intended to improve protection of Cross Lake, and to otherwise provide with respect thereto.

Having passed first reading on January 23, 2001 was read by title and on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Spigener, seconded by Councilman Burrell approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

5. Ordinance No. 8 of 2001: 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 N. Market and Hearne Avenue, Shreveport, Caddo Parish, Louisiana, from B-2, Neighborhood Business District to I-2, Heavy Industry District, and to otherwise provide with respect thereto.

Having passed first reading on January 23, 2001 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 Carmody to postpone the ordinance until the February 27, 2001 meeting. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

6. Ordinance No. 9 of 2001: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the E side of E. Kings Hwy, 350 feet south of Dixie Garden Road, Shreveport, Caddo Parish, Louisiana, from R-1D, Urban, One-Family Residence District to R-2 (TH)(PUD), Urban, One-Family Townhouse Residence District (Planned Unit Development) and to otherwise provide with respect thereto.

Having passed first reading on January 23, 2001 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 Spigener approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Did not cast a vote: Councilman Serio. 1.

7. Ordinance No. 10 of 2001: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the SE corner of Southfield Road and Glen Cove, Shreveport, Caddo Parish, Louisiana, from B-1, Buffer Business District to B-1-E, Buffer Business/Extended use District limited to "a furrier with storage vault" only, and to otherwise provide with respect thereto.

Having passed first reading on January 23, 2001 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 Spigener approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

8. Ordinance No. 11 of 2001: An ordinance to amend Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by amending and reenacting the section regarding required parking spaces, and to otherwise provide with respect thereto.

Having passed first reading on January 23, 2001 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 approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

9. Ordinance No. 12 of 2001: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by approving the continuation of R–E-2, Suburban, Multi-Family Residence/Extended Use District limited to "a motel" only, on property located on the SE corner of Lewis Lane and California, Shreveport, Caddo Parish, Louisiana, and to otherwise provide with respect thereto.

Having passed first reading on January 23, 2001 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 approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

10. Ordinance No. 13 of 2001: An ordinance authorizing the donation of certain city-owned property located at 6700 Southern Avenue to H.E.L.P.S. Outreach Ministries, Inc. and to otherwise provide with respect thereto.

Having passed first reading on January 23, 2001 was read by title and on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Burrell, seconded by Councilman Carmody to postpone the ordinance until the February 27, 2001 meeting. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

The adopted Ordinances, follow:

ORDINANCE NO. 6 OF 2001

AN ORDINANCE ADOPTING THE 2001 BUDGET FOR THE ENVIRONMENTAL GRANTS SPECIAL REVENUE FUND, APPROPRIATING THE FUNDS AUTHORIZED THEREIN, AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, Article 7, Section 7.02 (a) of the Charter of the City of Shreveport requires the adoption of a comprehensive operating budget for the fiscal year; 2001; and

WHEREAS, the City of Shreveport has available in fiscal year 2001 certain federal and state funds granted to the City; and

WHEREAS, the expenditure of these funds is limited by federal and/or state law to certain specific purposes; and

WHEREAS, proper financial reporting and control of these funds requires that they be appropriated separately from General Fund revenues and expenditures.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport, in due, regular, and legal session convened, that:

1. Estimated Receipts - The estimated Environmental Grants Special Revenue Fund

for the year 2001 are hereby established as follows:

Fiscal Year 2001 Revenues:

Brownfields Assessment Grant $ 32,700

Brownfields Supplemental Assessment Grant $ 150,000

Brownfields Greenspace Grant $ 50,000

Brownfields Revolving Loan Fund $ 1,000,000

Brownfields Job Training Grant $ 200,000

Brownfields Economic Development Initiative $ 1,000,000

GRAND TOTAL REVENUES $ 2,432,700

2. Appropriations - The funds set forth herein are hereby appropriated out of the

Environmental Grant Special Revenue Fund’s receipts for the year 2001:

From FY 2001 Revenues:

From Brownfields Assessment, appropriate $32,700 to Contractual Services.

From Brownfields Supplemental Assessment, appropriate $45,000 to Personal Services; $600 to Material and Supplies and $104,400 to Contractual Services.

From Brownfields Greenspace Grant, appropriate $50,000 to Contractual Services.

From Brownfields Cleanup Revolving Loan Fund, appropriate $28,700 to Personal Services; $7,500 to Material and Supplies; $56,400 to Contractual Services; $889,600 to Other Charges; $15,000 to Improvements and Equipment and $2,800 to Indirect Cost.

From Brownfields Job Training, appropriate $200,000 to Contractual Services.

From Brownfields Economic Development Initiative, appropriate $1,000,000 to Contractual Services.

GRAND TOTAL APPROPRIATIONS $2,432,700

3. The Environmental Grants Special Revenue Fund budget presented to the Council on January 23, 2001, as amended by subsequent action of this Council, be and is hereby adopted.

4. Administration - The Mayor is hereby authorized to execute all contracts, deeds, grant documents and other legal instruments necessary to expend and receive the funds herein authorized, and in accordance with the assurances contained in the Federal and State grants received by the City. It is further recognized that "Notices of Funds Available" have been received only through the close of the Federal and State fiscal years and that the availability of funds beyond the Federal and State fiscal years is an estimate only. The Chief Administrative Officer or his designee shall not approve any allotment which would exceed the amount for which a "Notice of Funds Available" has not been received and the Director of Finance shall not approve any expenditure which is not in accordance with such allotment.

5. Donation of City Funds - No funds herein appropriated shall be donated, loaned or pledged, and no expenditures for such purposes shall be authorized except in accordance with section 26-53 of the Code of Ordinances, as it exists now or may hereafter be amended.

6. Program Income - All receipts generated directly from activities funded from intergovernmental sources shall be deposited into the proper Special Revenue Fund in accordance with Federal or State Law.

BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this ordinance which can be given effect without the invalid provisions, items or applications; and to this end, the provisions of this ordinance are hereby declared severable.

BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict herewith are hereby repealed.

ORDINANCE NO. 7 OF 2001

AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTERS 78 AND 34 OF THE CODE OF ORDINANCES OF THE CITY OF SHREVEPORT BY ENACTING PROVISIONS INTENDED TO IMPROVE PROTECTION OF CROSS LAKE, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO

WHEREAS, Cross Lake is the primary drinking water source for the City of Shreveport;

WHEREAS, Act No. 39 of the 1926 Regular Session of the Louisiana Legislature authorizes the City to adopt, exercise and enforce police and sanitary regulations and ordinances for the protection of the bed and waters of Cross Lake from pollution and contamination from any source and likewise grants to the City similar power and control over the area surrounding the lake;

WHEREAS, Act No. 145 of the 1990 Regular Session of the Louisiana Legislature confirmed the authority of the City of Shreveport to regulate activities occurring within the entire watershed area which drains into Cross Lake within the state of Louisiana, including all such portions of the watershed outside the city limits of Shreveport; and

WHEREAS, in order to make the most responsible use of this statutory authority over the Cross Lake watershed for the benefit and protection of the citizens of Shreveport, it is necessary to amend and supplement current ordinances designed to protect the lake from pollution:

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport, in due, legal and regular session convened, as follows:

Section 1. Chapters 78 and 34 of the Code of Ordinances of the City of Shreveport are hereby amended, as follows:

(1) Section 78-341 shall be amended so as to read as follows:

Sec. 78-341. General scope of Watershed Protection Ordinance and powers and duties of the Department of Operational Services.

(a) This purpose of this Division is to protect Cross Lake, the city’s primary water supply source, from pollution, contamination and/or degradation caused by any source.

(b) The provisions of this Division shall apply within the bed and waters of Cross Lake and throughout the entire Cross Lake Watershed (the "Watershed"), as defined by metes and bounds description in Act 145 of the 1990 Regular Session of the Louisiana Legislature, whether within or outside of the city limits of Shreveport, provided that the provisions of this Division shall be suspended to the extent that another municipality with jurisdiction enacts, maintains and enforces regulations that are at least as stringent as those set forth herein.

(c) Except as may be otherwise specifically provided, the Department of Operational Services of the city shall be the department of city government responsible for the enforcement of all ordinances under this Division or elsewhere in this Code pertaining to the protection of Cross Lake from pollution, contamination or degradation. The Department of Operational Services shall also have the power to prescribe such rules and regulations as may be necessary to carry out its enforcement responsibilities as provided in this Section.

(d) This Division is intended to supplement, and not repeal or modify, any and all other provisions of the Code of Ordinances pertaining to the protection of Cross Lake from pollution, contamination or degradation. However, if the provisions of this Division impose greater restrictions, higher or stricter water quality protection standards, or stricter penalties or enforcement procedures than another Code provision, then the provisions of this Division shall control.

(2) The following shall be added as Section 78-344:

Sec. 78-344. General prohibitions and restrictions.

(a) No solid or liquid waste, hazardous waste or substance (as defined under any federal or state law or regulation), herbicide, pesticide, toxic material, sewerage or septic waste, hydrocarbon product, litter or any other substance that could have a harmful effect on water quality (herein referred to as "Harmful Substances") shall be discharged, applied or deposited into Cross Lake or into any tributary, stream, stormwater drain, ditch, or watercourse which drains into the lake (collectively referred to in this Division as "Tributaries"), provided that approved herbicides or pesticides may be administered in Cross Lake or its Tributaries by appropriate City or other regulatory personnel (or by persons authorized by permit issued by the Department of Operational Services, upon payment of a fee as established by the Department), to treat for conditions which may pose a threat to the quality or quantity of the water supply and/or the recreational or aesthetic attributes of Cross Lake.

(b) Storage, transportation and disposal of Harmful Substances within the Watershed shall be in accordance with all applicable federal, state and local laws and regulations, as well as any stricter standards which may be imposed herein or by the Department. No Harmful Substance shall be stored, transported or disposed in the Watershed in such a manner that such substance could reach Cross Lake or its Tributaries.

(c) Above-ground storage of Harmful Substances. Facilities used for the above-ground storage of Harmful Substances shall be constructed only within controlled drainage areas sized to capture any and all spillage that may result from ruptures or leakage. The controlled drainage area shall be constructed of material that is impervious to the product being stored.

(d) Underground storage of Harmful Substances. Facilities used for the underground storage of Harmful Substances shall be of double wall, impervious construction. In addition, methods for detecting leaks in the wall of the storage facility shall be included in the facility’s design, construction and operation.

(e) Animal waste storage. Areas utilized for the storage or stockpiling of manure and agricultural associated animal waste shall be constructed and maintained such that seepage, leachate or runoff therefrom cannot enter the waters of Cross Lake or its Tributaries.

(f) Sewage. All individual and community-type sewage treatment systems shall comply with the requirements of Sections 94-191 through 94-231 of the City Code of Ordinances. The permit required by Subsection (h) below shall not be applicable to individual and community-type sewage treatment systems.

(g) Oil and gas wells. The drilling, operation and closure of oil and gas wells and appurtenant facilities, the construction and operation of pipelines, and any other activity related to the extraction of oil, gas or other minerals which is conducted within the Watershed shall be in accordance with the applicable requirements of this Division, provided that the permit required by Subsection (h) below shall not be applicable to oil and gas well facilities located within 5000 feet of Cross Lake. The drilling, operation and closure of oil and gas wells and appurtenant facilities within 5000 feet of Cross Lake shall be governed by the provisions of Secs. 42-346 through 42-399 of the City Code of Ordinances.

(h) Land Altering Activities.

(1) Except to the extent expressly provided to the contrary in Subsections (f) and (g) above and in Paragraphs (2) and (3) below, all Land Altering Activities, as defined in Section 34-121 of the City Code of Ordinances, within the Watershed shall comply with the provisions of Sections 34-121 through 34-149 of the City Code of Ordinances, including the requirement to apply for and obtain a permit prior to the activity. A fee, as provided in a schedule established by the Department of Operational Services, shall accompany all such permit applications.

(2) Timber farming activities, including harvesting of timber and activities associated therewith, which are conducted within the Watershed but outside the city limits of Shreveport shall not require a Land Altering Activity permit, provided that such activities shall be conducted in a manner that minimizes sediment runoff into Cross Lake and its tributaries, through the use of appropriate management practices as specified in "Recommended Forestry Best Management Practices for Louisiana," published by the Louisiana Department of Agriculture and Forestry, and provided that written notification is given to the City in advance of the activity, certifying compliance with said standards. For the purposes of this Paragraph, timber farming activities do not include timber cutting and associated activities which are done in anticipation of a change of use of the land, such as the conversion of timberland to residential subdivision, or in anticipation of a sale of the land or an interest in the land.

(3) Land Altering Activities outside the city limits of Shreveport but within the Watershed which are associated with the construction of a single family residence shall not require a Land Altering Activity permit, unless (i) the site is located within 1,000 feet of the 172 foot contour line of Cross Lake, or (ii) the Land Altering Activities on the site cover greater than five acres. Otherwise, Land Altering Activities associated with any residential development or construction within the Watershed shall require a Land Altering Activity permit.

(4) For all permit-required Land Altering Activities within the Watershed which are commercial, industrial or business in nature:

(i) The permit application shall include, in addition to the information required in Section 34-122, a disclosure of any Harmful Substances which may be stored, transported, or otherwise located at the site, the quantities involved, and the proposed plans for preventing them from entering Cross Lake or its tributaries, both during the land altering activity and the subsequent use of the site.

(ii) The permit required by Section 34-123 may only be issued if the city determines that the Land Altering Activity and subsequent use of the property will have no significant detrimental impact on the quality of water in Cross Lake. If issued, the permit may include such prohibitions, conditions and restrictions on the Land Altering Activity and subsequent operation and use of the land and improvements as may be deemed necessary by the City for the protection of Cross Lake and its tributaries.

(i) Construction activities. All construction activities within the Watershed, including clearing, grading, and excavation activities that result in the disturbance of five or more acres of total land area, or that are part of a common plan of development of sale within which five or more acres of total land are disturbed, shall comply with the provisions of Sections 34-230 through 34-241 of the City Code of Ordinances. For purposes of this division, "construction activities" is defined to include (but is not limited to) developments of residential, commercial or industrial subdivisions of five or more acres.

(3) The following shall be added as Section 78-345:

Sec. 78-345. Inspections.

The Director of the Department of Operational Services, or his designee, is authorized to enter upon private premises at reasonable times and in a reasonable manner to monitor compliance with the requirements of this Division and to conduct an inventory of potential pollution sources and activities.

(4) The following shall be added as Section 78-346:

Sec. 78-346. Penalties and Enforcement.

(a) Administrative enforcement.

(1) Administrative orders. When the city determines that a person has violated any provision of this Division, the city may, through the Department of Operational Services, issue an order directing such person to immediately cease and desist the activity causing the violation and/or to take such appropriate remedial or preventive action as may be needed to prevent degradation of water quality in Cross Lake or its Tributaries. Issuance of an Administrative Order shall not be a bar against, or a prerequisite for, taking any other action against the person in violation.

(2) Administrative fines and charges.

(i) When the city determines that a person has violated or is violating any of the provisions of this Division, the city may, through the Department of Operational Services, fine such person, not to exceed $500 per violation per day.

(ii) In addition to any fine which may be levied per subsection (2)(i) above, the city shall be entitled to recover all costs it incurs as the result of a violation of any of the provisions of this Division, from the violating person, and may, through the Department of Operational Services, issue an assessment charging for such costs. Such costs may include, but are not limited to, costs of containing and/or remediating spills, actual damages incurred by the city, and sampling and monitoring expenses.

(iii) Fines and charges shall be due within 30 days of receipt by the violator of a written notice of assessment, provided that if an appeal is timely filed as described below, the fine or charge shall not be due until 30 days after written notice is given that the appeal is denied. Unpaid fines and charges shall, after 30 calendar days, be assessed an additional penalty of one percent of the unpaid balance, and interest shall accrue thereafter at a rate of 12 percent per year and liens may be assessed against immovable property located within the municipality or parish in or on which the violation occurred.

(iv) Persons desiring to dispute such fines and/or charges must file a written appeal for hearing to reconsider the fine and/or charge within 15 days of being notified of the fine and/or charge. Such appeal shall be addressed to the Director of the Department of Operational Services.

(v) Issuance of an administrative fine or charge shall not be a bar against, or a prerequisite for, taking any other action against a violator.

(b) Judicial enforcement.

Any person found to be in violation of any of the provisions of this Division shall be punished by a fine not exceeding $500.00 or imprisoned for not more than 60 days or both such fine and imprisonment. Each day of violation shall constitute a separate offense. In addition to the criminal provisions set forth in this section, the city is authorized to seek injunctive relief to restrain or terminate the performance of an activity in violation of any of the provisions of this Division or to compel the performance of an action required by any of the provisions of this Division. The city may also seek such other action as is appropriate for legal and or equitable relief, including requiring the violator to conduct environmental remediation.

(c) Judicial review of adjudication.

Any person who is aggrieved by a final decision or order issued under any provision of this division is entitled to judicial review. Proceedings for review may be instituted by filing a petition in the First Judicial District Court of the State of Louisiana, within 30 days after mailing of notice of the final decision by the Department of Operational Services or, if a rehearing is requested, within thirty days after the decision thereon.

(5) Section 34-123 shall be amended so as to read as follows:

(a) Permit required; exceptions. An owner is required to obtain a permit from the Department of Operational Services prior to any land altering activities within the city limits or the Cross Lake Watershed as such is defined in Sec. 78-341 (the "Watershed"), except for the following:

(1) Small home gardens.

(2) Minor repairs and routine maintenance work to existing utility services.

(3) Persons engaged in agricultural operations requiring the tilling of soil; however, in such case the owner/operator shall have a plan approved by the board of the Caddo soil and water conservation district showing how his crop land will be protected from erosion throughout the year.

(6) Section 34-230 shall be amended so as to read as follows:

All operators of construction sites within the city limits or the Cross Lake Watershed as such is defined in Sec. 78-341 (the "Watershed") must abide by the requirements stated in Article IV. Erosion and Sedimentation Control, Chapter 14 ½. In addition, such operators must use best management practices ("BMPs") to control and reduce the discharge to the city drainage system or to the waters of the United States (including but not limited to Cross Lake and its tributaries) of sediment, silt, earth, soil, and other materials associated with clearing, grading, excavation, and other construction activities to the maximum extent practicable. If the city engineer or his authorized representative determines that insufficient measures are being taken to prevent discharge to the city drainage system or to waters of the United States of material associated with construction activity, he can issue an order to stop work until sufficient BMPs are implemented.

(7) The first paragraph of Section 34-231 shall be amended so as to read as follows:

All operators of sites of construction activity located within the city limits or within the Watershed, including clearing, grading, and excavation activities that result in the disturbance of five or more acres of total land area, or that are part of a common plan of development or sale within which five or more acres of total land are disturbed, or who are required to obtain an NPDES permit for stormwater discharges associated with construction activity, shall comply with the following requirements:

Section 2. 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.

ORDINANCE NO. 9 OF 2001

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 E. KINGS HWY, 350 FEET SOUTH OF DIXIE GARDEN ROAD, SHREVEPORT, CADDO PARISH, LOUISIANA, FROM R-1D, URBAN, ONE-FAMILY RESIDENCE DISTRICT TO R-2(TH) (PUD), URBAN, ONE-FAMILY TOWNHOUSE RESIDENCE DISTRICT (PLANNED UNIT DEVELOPMENT), 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 east side of E. Kings Hwy., 350 feet south of Dixie Garden Road, Shreveport, Caddo Parish, Louisiana, legally described below, be and the same is hereby changed from R-1D, Urban, One-Family Residence District to R-2(TH)(PUD), Urban, One-Family Townhouse Residence District (Planned Unit Development):

A parcel of land in Theoretical Section 9T17N-R13W, Shreveport, Caddo Parish, Louisiana, also being in Lot 2 of Harts Island Plantation, said parcel lying 200 ft. (+/-) south of Dixie Garden Rd., and adjacent to east R/W line of East Kings Highway. Parcel being more fully described as follows;

Beginning at the SW corner of Riverside Townhomes, Unit 1, a subdivision, said point being on the easterly R/W line of East Kings Highway, run S86º27'37"E along the south line of said Unit 1 a distance of 190 ft. to approximate center of Old River.

Thence run S14º32'04"W along proximate center of Old River a distance of 365.54. ft.,

Thence run N86º27'37"W a distance of 122.0 ft. to the east R/W line of East Kings Highway,

Thence run N03º32'23"E a distance of 350.0 ft. to the P-O-B.

Said parcel containing 54,600 sq. ft. (1.253 ac.+/-) of which approximately 32,820 sq. ft. (9.753 ac.) is land.

SECTION II: THAT the rezoning of the property described herein is subject to compliance with the following stipulation:

1. Development of the property shall be in substantial accord with preliminary plan 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 ordinance are hereby declared severable.

BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict herewith are hereby repealed.

ORDINANCE NO. 10 OF 2001

AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES, THE CITY OF SHREVEPORT ZONING ORDINANCE, BY REZONING PROPERTY LOCATED ON THE SE CORNER OF SOUTHFIELD ROAD AND GLEN COVE, SHREVEPORT, CADDO PARISH, LOUISIANA, FROM B-1, BUFFER BUSINESS DISTRICT TO B-1-E, BUFFER BUSINESS/EXTENDED USE DISTRICT LIMITED TO "A FURRIER WITH STORAGE VAULT" ONLY, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO

SECTION I: BE IT ORDAINED by the City Council of the City of Shreveport, Caddo Parish, Louisiana, in due, legal and regular session convened, that the zoning classification of Lots 5, 6, and 7, replat of Blocks A, B, and part of Blocks E and F, Bell Mead Subdivision, property located on the SE corner of Southfield Road and Glen Cove, Shreveport, Caddo Parish, Louisiana, be and the same is hereby changed from B-1, Buffer Business District to B-1-E, Buffer Business/Extended Use District limited to "a furrier with storage vault" only.

SECTION II: THAT the rezoning of the property described herein is subject to compliance with the following stipulation:

1. Development to be in substantial compliance with a revised site plan drawn to scale and showing landscaping, fencing, and 44 parking spaces in compliance with ordinance standards, to be submitted to and approved by the Zoning Administrator, with any additions or expansions 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 ordinance are hereby declared severable.

BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict herewith are hereby repealed.

ORDINANCE NO. 11 OF 2001

AN ORDINANCE TO AMEND CHAPTER 106 OF THE CODE OF ORDINANCES, THE CITY OF SHREVEPORT ZONING ORDINANCE, BY AMENDING AND REENACTING THE SECTION REGARDING REQUIRED PARKING SPACES, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO

BE IT ORDAINED by the City Council of the City of Shreveport, Louisiana, in due, legal and regular session convened, that Article XI, Division 2, Sec. 106-1338 (3) of the Code of Ordinances, the City Zoning Ordinance, is hereby amended to read as follows:

Sec. 106-1338. Required parking spaces.

The following amounts of off street parking spaces shall be provided according to the classification of uses that follow. If a use is not readily determinable by this schedule, the number of spaces shall be based on a reasonable assessment of need by the Zoning Administrator.

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(3) Uses requiring one (1) parking space for each 200 square feet of building area

Mixed use structures, ie. malls, shopping centers, strip centers: Less than 25,000 square feet and not including any beauty and barbershops, health studio, athletic club, multi-purpose facility (no fixed seating), restaurant, lounge, dance hall, tanning salon

Retail, general business

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BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this ordinance which can be given effect without the invalid provisions, items, or applications and to this end the provisions of this ordinance are hereby declared severable.

BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict herewith are hereby repealed.

ORDINANCE NO. 12 OF 2001

AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES, THE CITY OF SHREVEPORT ZONING ORDINANCE, BY APPROVING THE CONTINUATION OF R-2-E, SUBURBAN, MULTI-FAMILY RESIDENCE/EXTENDED USE DISTRICT LIMITED TO "A MOTEL" ONLY, ON PROPERTY LOCATED ON THE SE CORNER OF LEWIS LANE AND CALIFORNIA, SHREVEPORT, CADDO PARISH, LOUISIANA, 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 58, 59, and 60, Greenwood Acres Subdivision Annex #2, Shreveport, Caddo Parish, Louisiana, property located on the SE corner of Lewis Lane and California, be and the same is hereby approved for the continuation of R-2-E, Suburban, Multi-Family Residence/Extended Use District zoning limited to "a motel" only.

SECTION II: THAT the rezoning of the property described herein is subject to compliance with the following stipulations:

1. Development of the property shall be in substantial accord with the site plan submitted, with any significant changes or additions requiring further review and approval by the Planning Commission.

2. Waiver of the screening fence along the south and east property lines until such time that the adjacent property is developed residentially, at which time, the applicant shall be required to install and maintain the required screening fence.

3. Approval is granted for 5 years only. Prior to the expiration of said period, the applicant shall reapply, with a waiver of the application fee, for the right to continue operation of the motel.

BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this ordinance which can be given effect without the invalid provisions, items, or applications and to this end the provisions of this ordinance are hereby declared severable.

BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict herewith are hereby repealed.

UNFINISHED BUSINESS (legislation remained tabled):

1. Ordinance No. 54 of 1999 by Councilman Huckaby: Creating a Police Department Citizens’ Review Board. (A/Huckaby) (Tabled on August 10, 1999)

2. 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)

3. 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).

NEW BUSINESS:

1. Appeal: Taxi Driver Permit: Willie Fuller, Jr.

Unidentified Police Officer: Mr. Fuller was arrested. He served time and probation, but according to the City ordinance, I am not empowered to approve the application because he has not fulfilled the time limitation. The Police Department has no problem with the Council waiving this requirement, his permit being approved.

Motion by Councilman Carmody (on the recommendation of the Police Department) , seconded by Councilman Serio to grant the permit.

Councilman Shyne: Mr. Fuller, just come forward and stand. We want you to make sure that your probation period will be waived and we appreciate what you are doing as a taxicab driver and just make sure that you keep everything on the up and up.

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

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 Serio: I want to make a motion for approval on this with an exception that it has an amendment to it, allowing for a 1 year contingency to see how the business actually operates and if it does not operate with the neighborhood’s interest in mind, that it will have to come back to the Council again for approval of its license within one year. We’ve used this in the downtown district several times and it has worked very effectively; so, I’m making a motion on that with the amendment, with the exception.

Motion by Councilman Serio, seconded by Councilman Stewart for approval with the exception allowing for a 1 year contingency.

Councilman Shyne: Is there anyone here representing the business? You want to stand? Do you understand what is going on? Sound like you are getting ready to get married, that scare me when you say, I do; doesn’t it Mr. Huckaby.

Councilman Serio: I guess the main thing is that we’ll see them in a year, if it is approved.

Mr. Thompson: To be sure that we understand the motion, the ZBA’s decision is approved with a stipulation that it is for 1 year? Councilman Shyne: Right. That’s why I wanted to make it. . . you understand.

Motion approved by the following vote: Ayes: Councilmen Huckaby, Carmody, Serio, Spigener, and Shyne. 5. Nays: Councilman Burrell. 1. Out of Chambers: Councilman Stewart. 1.

Councilman Burrell: I just needed to make a comment on behalf of the neighborhood association because they did appeal it because they did make a ruling in the meeting, that they would oppose such facility there so I have to respectfully decline.

Councilman Shyne: Mr. Burrell, we appreciate that and I hope, its on record, but I believe the motion has been approved by a 5 to 1. Mr. Burrell, it does show that you have some fortitude, that you will take a position and stand by yourself, I like that, in a person.

Councilman Burrell: Thank you. Any compliment coming from you, I appreciate.

3. C-1-01, GTM FOUNDATION LLC, 508-514 Texas St., MPC Approval in B-4 District, parking lot with a driveway on Texas St.

Motion by Councilman Huckaby, seconded by Councilman Shyne to overturn the ruling of the Metropolitan Planning Commission.

Councilman Spigener: May I ask for a clarification of our vote here. I know that sometimes, we kind of have confusion over what the amendment or the appeal says. Mr. Huckaby, his motion is to overturn? Councilman Shyne: Right. Councilman Spigener: So if we d\o not want to overturn, we would vote a no vote? Mrs. Glass: Correct.

Councilman Serio: A no vote is voting? Councilman Shyne: No, a no vote is against the curbcut, a yes vote is for the curbcut.

Motion denied by the following vote: Ayes: Councilman Huckaby, Serio, and Shyne. 3. Nays: Nays: Councilmen Spigener, Carmody, and Burrell. 3. Out of Chambers: Councilman Stewart. 1.

4. BAC-87-00, VERMILLION HOMES, 1700 Harbor Dr.; variance in the side yard setback in an R-3 District; residence.

Councilman Huckaby: This variance was denied by the Zoning Board of Appeal on a 3 to 3 tie, my motion is to overturn the ruling of the Zoning Board of Appeal. Councilman Shyne: And to grant the variance? Councilman Huckaby: Yes, sir.

Councilman Carmody: Before we vote, I did want to make one comment and Councilman Huckaby, I appreciate your consideration of granting the variance.

My comments to the owner of the building that was built in question that is in violation of the setback, in our discussion this morning he explained to me that there were a number of mistakes made by various people. All that being said, apparently the builder and the owner of the property or his contractors understood that from the onset that they were going to be in violation. As he said, it was not something they wanted to blatantly do, it was just a mistake that they did but I understood that it was brought to their attention at some point prior to the construction of the house, that if they built it the way they intended to do it, it would be in violation. And, my comment to him was, I just can not see the point in us allowing a variance that appears to have been notification given, and then the builder going ahead and doing what he knew he was not allowed to do and now we are going to say grace over it. I think it sets a bad precedence on our end if we do say, let’s go ahead and allow this to happen, because it will be difficult for the next builder to come forth and say, I know I encroached on the setback, and ya’ll in the past have allowed it, so I assume that it will be okay to do it again. So, my vote will be no and I would ask the support of those who feel the same way I do.

Councilman Burrell: I’ve heard both versions of this too and like Councilman Carmody say, if it was intentional, then it would set a bad precedent. Was there any type of documentation, using John David’s term, that where the person that was encroached upon wrote something saying that there was an encroachment that we could use as evidence moreso than one just a matter of hearsay between the two parties?

Councilman Carmody: Mr. Kirkland, could you clarify for us what Mr. Burrell’s question is. Mr. Kirkland: There was some additional information I think that had a bearing on, what in my opinion, since I’ve got a 3 to 3 vote of my board, that personally I would have been in favor of approval of the granting of the variance and for the reason, there was supported by a separate document from a registered Louisiana surveyor. And, some of you may be familiar with what I am about to say and surveys, when you describe tracts of ground and I know Mr. Carmody you’ve been here, the survey should close on the ground. By close, means all points meet and all dimensions are correct. There was very clear evidence that in this development, that subdivision lines did not close and that the error was be manifested that, not withstanding that Mr. Campious did know this error was occurring because he had built and sold other homes. But the fact is that that independent letter from another surveyor somewhat not refuting what another surveyor had said, but did clearly indicate that there were closure problems and that always can amount to a number of feet. In any event, I think the Board was there, I had wished that the Board would have approved it since I think there was good cause to grant the variance. So, in all respect Mr. Carmody to your opinion, I would recommend (inaudible) consider supporting Mr. Huckaby’s decision of approval of the variance. The applicant did seek other relief and that relief would be extremely expense and there is a third party involved and not again, withstanding that Mr. Campious would have to make good whatever final damages might occur to the owner of this property, but there would be some, I believe justification in granting this relief to the applicant and then an innocent homeowner would also benefit from that.

Motion by Councilman Huckaby to overturn the ruling of the Zoning Board of Appeal and to grant the variance, seconded by Councilman Shyne. Motion approved by the following vote: Ayes: Councilmen Huckaby, Serio, Spigener, Shyne and Burrell. 5. Nays: Councilman Carmody. 1. Out of Chambers: Councilman Stewart. 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 Burrell, seconded by Councilman Huckaby. Motion approved by the following vote: Ayes: Councilmen Huckaby, Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Out of Chamber: Councilman Stewart. 1.

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

There being no further business to come before the Council, the meeting adjourned 4:25 p.m.

/s/ Joe Shyne, Chairman

/s/Arthur G. Thompson, Clerk of Council