COUNCIL PROCEEDINGS OF THE CITY OF SHREVEPORT, LOUISIANA

JUNE 12, 2001

The regular meeting of the City Council of the City of Shreveport, State of Louisiana, was called to order by Chairman Thomas Carmody at 3:05 p.m., Tuesday, June 12, 2001, in the Government Chambers in Government Plaza (505 Travis Street).

Invocation was given by Councilman Stewart.

On roll call, the following members were Present: Councilmen Huckaby, Stewart, Carmody, Spigener (arrived at 3:10), Shyne, and Burrell. 6. Absent: Councilman Serio. 1.

Motion by Councilman Shyne, seconded by Councilman Burrell for approval of the Summary Minutes of the Administrative Conference of May 21, 2001, the minutes of the Regular Meeting of May 22, 2001, and the Agenda as Amended on June 11, 2001. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Shyne and Burrell. 5. Nays: None. Absent: Councilmen Serio and Spigener. 2.

Awards and Recognitions of Distinguished Guests of the Mayor and the Council Which Are Required By Law. None.

Public Hearing: None.

Confirmations and Appointments: Motion by Councilman Stewart for approval to the Shreveport Industrial Development Board: 1) Dan Atchley and 2) Sandy Cimino, seconded by Councilman Burrell. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.

INTRODUCTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:

Motion by Councilman Burrell, seconded by Councilman Stewart for Introduction of the Resolution and Ordinance on the Consent Agenda. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, and Burrell. 5. Nays: None. Absent: Councilman Serio. 1. Did not cast a vote: Councilman Shyne. 1.

RESOLUTION:

1. Resolution No. 65 of 2001: A resolution authorizing the filing of a Section 9 (5307) application with the Department of Transportation, United States of America, for a grant under the Urban Mass Transportation Act of 1964, as amended.

ORDINANCE:

1. Ordinance No. 94 of 2001: An ordinance to create and establish a no through truck route on East Kings Highway between LA 3032, East Kings Highway and Southfield Road, and to otherwise provide with respect thereto.

ADOPTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:

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

RESOLUTIONS:

RESOLUTION NO. 66 OF 2001

A RESOLUTION ACCEPTING DEDICATION FOR FERN AVENUE AND JOGGING PATH SERVITUDE IN THE FERN AVENUE DEDICATION PLATS, 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 Fern Avenue dedication and Jogging path servitude in the Fern Avenue dedication Plats in Sections 19 and 37 (T17N-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 Fern Avenue 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. 67 of 2001

A RESOLUTION AUTHORIZING DAN E. MCGOWEN & SONYA A. MCGOWEN, LOCATED AT 8449 WEST ANTOINE LOOP, TO CONNECT TO THE WATER & SEWER SYSTEM OF THE CITY OF SHREVEPORT AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, Dan E. McGowin & Sonya A. McGowan have agreed to secure all permits and inspections required by the Shreveport Comprehensive Building Code. Said party having submitted a petition for annexation to the City of Shreveport, and having agreed to fully comply with the regulations of the City of Shreveport in connection with said property, all as set forth in Section 94-1, et. Seq., of the Shreveport City Code. Said request and petition are attached hereto.

BE IT RESOLVED by the City Council of the City of Shreveport in due, regular and legal session convened, that Dan E. McGowin & Sonya A. McGowan, be authorized to connect the building located at 8449 West Antoine Loop, to the water & sewer system of the City of Shreveport.

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

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

RESOLUTION NO. 68 of 2001

A RESOLUTION AUTHORIZING TERRY L. HAWKINS , LOCATED AT 177 FLOURNOY LUCAS RD., TO CONNECT TO THE WATER & SEWER SYSTEM OF THE CITY OF SHREVEPORT AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, Terry L. Hawkins has agreed to secure all permits and inspections required by the Shreveport Comprehensive Building Code. Said party having submitted a petition for annexation to the City of Shreveport, and having agreed to fully comply with the regulations of the City of Shreveport in connection with said property, all as set forth in Section 94-1, et. Seq., of the Shreveport City Code. Said request and petition are attached hereto.

BE IT RESOLVED by the City Council of the City of Shreveport in due, regular and legal session convened, that Terry L. Hawkins, be authorized to connect the building located at 177 Flournoy Lucas Rd., to the water & sewer system of the City of Shreveport.

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

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

RESOLUTION NO. 69 of 2001

A RESOLUTION AUTHORIZING CALTON GARY MITCHELL & VALERIE MITCHELL ,TO CONNECT TO THE WATER SYSTEM OF THE CITY OF SHREVEPORT AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, Calton Gary Mitchell & Valerie Mitchell have agreed to secure all permits and inspections required by the Shreveport Comprehensive Building Code. Said party having submitted a petition for annexation to the City of Shreveport, and having agreed to fully comply with the regulations of the City of Shreveport in connection with said property, all as set forth in Section 94-1, et. Seq., of the Shreveport City Code. Said request and petition are attached hereto.

BE IT RESOLVED by the City Council of the City of Shreveport in due, regular and legal session convened, that Calton Gary Mitchell & Valerie Mitchell, be authorized to connect the building located at 10740 Ellerbe Rd., to the water system of the City of Shreveport.

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

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

ORDINANCES:

Motion by Councilman Spigener, seconded by Councilman Stewart for Adoption of Ordinances on the Consent Agenda.

Councilman Stewart: I expressed my appreciation yesterday to Mr. Strong, Mr. Kirkland and Mr. Holt and others that were involved with this issue and for the record because I believe most of our districts have areas that are in decline to a certain extent or are in need of improvement by virtue of age. This type of legislation that is very simply, places four-way stops at six intersections in a particular area where there are no sidewalks and children play in the streets and the particular emphasis in saying thank you is that this is nine years in coming, but it does address the issues that are throughout our community and I appreciate everyone’s support in passage.

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

ORDINANCE NO. 94 OF 2001

AN ORDINANCE CLOSING AND ABANDONING A 20 FOOT-WIDE DEDICATED ALLEYWAY IN BLOCK 3 OF T.A.L. 3 SUBDIVISION LOCATED IN THE NORTHWESTERLY INTERSECTION OF TRAVIS AND DOUGLAS STREETS, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

BE IT ORDAINED by the City Council of the City of Shreveport in due, legal, and regular session convened, that the 20 foot-wide dedicated alleyway abutting the rear of Lots 16 thru 22 and abutting the northeasterly side of Lot 24 of Block 3 of T.A.L. 3 Subdivision, located in the northwesterly intersection of Travis and Douglas Streets in the NW/4 of Section 37 (T18N-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.

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

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.

ORDINANCE NO. 100 OF 2001

AN ORDINANCE TO REPEAL A PORTION OF ORDINANCE NO. 66 OF 1963 WHICH CREATED A TWO-WAY STOP AT THE INTERSECTION OF LAWHON STREET AND BALTIMORE STREET, AND TO CREATE AND ESTABLISH THE INTERSECTION OF LAWHON STREET AND BALTIMORE STREET AS A FOUR WAY STOP INTERSECTION AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

BY: COUNCILMAN STEWART

BE IT ORDAINED by the City Council of the City of Shreveport in due, legal and regular session convened that the portion of Ordinance No. 66 of 1963 which created a two-way stop at the intersection of Lawhon Street and Baltimore Street is hereby repealed, and the intersection of Lawhon Street and Baltimore Street is hereby created and established as a four-way stop intersection requiring all traffic and vehicles approaching this intersection to come to a full stop before entering the intersection.

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.

ORDINANCE NO. 101 OF 2001

AN ORDINANCE TO REPEAL A PORTION OF ORDINANCE NO. 66 OF 1963 WHICH CREATED A TWO-WAY STOP AT THE INTERSECTION OF LAWHON STREET AND RICHMOND AVENUE, AND TO CREATE AND ESTABLISH THE INTERSECTION OF LAWHON STREET AND RICHMOND AVENUE AS A TWO WAY STOP INTERSECTION AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

BY: COUNCILMAN STEWART

BE IT ORDAINED by the City Council of the City of Shreveport in due, legal and regular session convened that the portion of Ordinance No. 66 of 1963 which created a two-way stop at the intersection of Lawhon Street and Richmond Avenue is hereby repealed, and to create and establish the intersection of Lawhon Street and Richmond Avenue as a two-way stop intersection requiring traffic and vehicles on Lawhon Street to stop for Richmond Avenue.

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.

ORDINANCE NO. 102 OF 2001

AN ORDINANCE TO REPEAL A PORTION OF ORDINANCE NO. 66 OF 1963 WHICH CREATED A TWO-WAY STOP AT THE INTERSECTION OF AVERY STREET AND BALTIMORE STREET, AND TO CREATE AND ESTABLISH THE INTERSECTION OF AVERY STREET AND BALTIMORE STREET AS A FOUR WAY STOP INTERSECTION AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

BY: COUNCILMAN STEWART

BE IT ORDAINED by the City Council of the City of Shreveport in due, legal and regular session convened that the portion of Ordinance No. 66 of 1963 which created a two-way stop at the intersection of Avery Street and Baltimore Street is hereby repealed, and the intersection of Avery Street and Baltimore Street is hereby created and established as a four-way stop intersection requiring all traffic and vehicles approaching this intersection to come to a full stop before entering the intersection.

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.

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

RESOLUTION NO. 70 OF 2001

A RESOLUTION AMENDING THE PAY SCHEDULE FOR MUNICIPAL POLICE CIVIL SERVICE PERSONNEL, AND OTHERWISE PROVIDING WITH RESPECT THERETO

WHEREAS, it is the recommendation of the Mayor that the current pay schedule for Municipal Police Civil Service personnel be adjusted to reflect a pay increase on July 1, 2001 provided funding is made available and appropriated for such purpose.

WHEREAS, the proposed pay schedule attached hereto as Appendix "A" be and is hereby approved, effective July 1, 2001.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, regular and legal session convened, that the pay schedule attached thereto as Appendix "A" be and is hereby approved, effective upon passage.

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

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

Read by title and as read motion by Councilman Burrell, seconded by Councilman Stewart for passage.

Councilman Carmody: I wanted to ask the Administration, I’d seen that this particular pay increase does reflect municipal police civil service. It was an oversite that we did not include the municipal fire service personnel in this two percent increase as well?

Mayor Hightower: There’s two. There is one that is 70 and then 75.

Councilman Shyne: It sure is.

Councilman Carmody: Both are for the two percent annual pay increase?

Mr. Dark: if I am not mistaken Mr. Chairman, 75 one is not the two percent one. There will be a separate one in two weeks for that one. They just didn’t get their’s prepared quite as quickly, both of them will be in time to take effect July 1 when they are suppose to.

Councilman Carmody: Excellent. That is what I want to make sure of.

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

RESOLUTION NO. 71 OF 2001

A RESOLUTION AUTHORIZING THE WAIVER OF ALL PERMIT FEES FOR THE CONSTRUCTION OF ALL HANDICAP RAMPS BEING BUILT FOR SINGLE FAMILY RESIDENCES, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

WHEREAS, the City of Shreveport has received information that area nonprofit organizations plan to provide the materials and labor to build handicapped ramps at single family residences in order to assist the handicapped; and

WHEREAS, due to the practical and financial hardships experienced by those who are handicapped and their families, the City of Shreveport desires to waive all permit fees incidental to the construction of these ramps in an effort to mitigate the impact of these permit and development fees.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shreveport in due legal and regular session convened, that the Mayor of the City of Shreveport is hereby authorized to waive all permit fees required by applicable City Codes and Ordinances for the construction of handicapped ramps for single family residences.

BE IT FURTHER RESOLVED that the waiver of the permit fees shall not exempt the applicant from obtaining all required permits, approvals, plans review and inspections as required by applicable provisions of the Shreveport City Code.

BE IT FURTHER RESOLVED that this resolution shall remain in effect until repealed by the Shreveport City Council.

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

RESOLUTION NO. 75 OF 2001

A RESOLUTION AMENDING THE PAY SCHEDULE FOR MUNICIPAL FIRE CIVIL PERSONNEL, AND OTHERWISE WITH RESPECT THERETO

WHEREAS, it is the recommendation of the Mayor that the current pay schedule for Municipal Fire Civil Service personnel be adjusted to reflect a withdrawal of the incentive pay portion of Resolution 33 of 2001which pertains to the Chief of Fire Communications.

WHEREAS, the proposed pay schedule suspension be and is hereby approved, effective April 1, 2001.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, regular and legal session convened, that the pay schedule incentive pay portion for Chief of Fire Communications be withdrawn.

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 RESOLVED that all Resolutions or parts thereof in conflict herewith are hereby repealed.

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

Mr. Thompson: I would like to bring up something for the record on No. 75, resolution concerning the pay for the municipal fire civil service personnel. If you look at the resolution that’s on the Web (on your screens) it is the two percent. But that is not what Dianne had and what we are voting on. What we are voting on today is the resolution that corrects the pay for the Chief of Fire Communications and the two percent for fire personnel will be added and will be voted on at the next meeting, but I wanted to make sure that the record was clear on what the Council voted on today.

Councilman Carmody: Thank you sir, I appreciate you doing that.

INTRODUCTION OF RESOLUTIONS:

1. Resolution No. 72 of 2001: A resolution authorizing the execution of an agreement with the Northwest Louisiana Chapter of the Sickle Cell Disease Association of America, Inc. and to otherwise provide with respect thereto.

2. Resolution No. 73 of 2001: A resolution authorizing the Mayor to execute an agreement between the City of Shreveport and the Red River Revel Arts Festival, Inc. and to otherwise provide with respect thereto.

3. Resolution No. 74 of 2001: A resolution authorizing the Mayor to execute a Cooperative Endeavor Agreement with the Red River Waterway District relative to funding for the inland barge store and related improvements and to otherwise provide with respect thereto.

4. Resolution No. 76 of 2001: A resolution authorizing the Mayor to execute a Cooperative Endeavor Agreement between Caddo Parish Communications District Number One and the City of Shreveport.

5. Resolution No. 77 of 2001: A resolution authorizing a contract between the City of Shreveport and Raycom Media, Inc., relative to the Fourth of July Celebration and to otherwise provide with respect thereto.

6. Resolution No. 78 of 2001: A resolution accepting the bid of The Times and selecting The Times the official journal for the City of Shreveport for the period commencing July 1, 2001 through June 30, 2002 and otherwise providing with respect thereto.

Read by title and as read motion by Councilman Burrell, seconded by Councilman Spigener for Introduction of the Resolutions to lay over until the June 26, 2001 meeting. Motion approved by the following vote: Ayes: Councilmen Huckaby, Carmody, Spigener, Shyne and Burrell. 5. Nays: None. Absent: Councilman Serio. 1. Out of Chamber: Councilman Stewart. 1.

INTRODUCTION OF ORDINANCES: None.

ORDINANCES ON SECOND READING AND FINAL PASSAGE:

1. Ordinance No. 95 of 2001: An ordinance amending the 2001 budget for the Riverfront Development Special Revenue Fund and to otherwise provide with respect thereto.

Having passed first reading on May 22, 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 Spigener adopted by the following vote: Ayes: Councilmen Huckaby, Carmody, Spigener, Shyne and Burrell. 5. Nays: None. Absent: Councilman Serio. 1. Out of Chamber: Councilman Stewart. 1.

Councilman Burrell: Where’s Councilman Stewart? Councilman Carmody: The following two ordinances are both in Councilman Stewart’s district. He stepped outside momentarily. Can I ask that we move onto 98 and address it. Somebody might be able to get Mr. Stewart back in the Chamber.

2. Ordinance No. 96 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 Centenary and Olive, Shreveport, Caddo Parish, Louisiana, from B-2, Neighborhood Business District to B-2-E, Neighborhood Business/Extended Use District limited to "an auto repair business" only, and to otherwise provide with respect thereto.

Having passed first reading on May 22, 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 Stewart, seconded by Councilman Burrell for adoption.

Councilman Stewart: My appreciation of this zoning request is that it does have the approval of the MPC, ZBA bodies. I have had no objection from anyone, therefore I would move for passage and request the same from each party.

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

3. Ordinance No. 97 of 2001: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the south side of Stoner, 300 feet west of Creswell, Shreveport, Caddo Parish, Louisiana, from B-2, Neighborhood Business District to B-2-E, Neighborhood Business/Extended Use District limited to "a residential facility for adults with compulsive gambling, alcohol, and/or drug problems" only, and to otherwise provide with respect thereto.

Having passed first reading on May 22, 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 Stewart, seconded by Councilman Burrell for passage.

Councilman Stewart: My appreciation is the same circumstances exist here in terms of the recommendation from the Metropolitan Planning Commission. Secondly, there was only one question raised to me and that had to do with the issue of looking at compulsive gambling, alcohol and/or drug problems. I think principally, we have gambling being added to a premises that in the past have been strictly alcohol and/or drug problems but I have not been able to locate any reason nor did anyone at the Center offer any legitimate reason for denying this addition since these all address habitual issues and it appears that the Counsel and staff there is equally prepared and trained to handle the gambling issue along with alcohol and drugs; so, I would request passage by everyone at this time.

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

4. Ordinance No. 98 of 2001: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by approving the continuation of R-1-D-E, Urban One-Family Residence/Extended Use District zoning limited to "an attorney’s Office only", as submitted, on property located on the south side of West 58^th Street, 600 feet east of Dowdell Street, Shreveport, Caddo Parish, Louisiana, and to otherwise provide with respect thereto.

Having passed first reading on May 22, 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 Burrell approved by the following vote: Ayes: Councilmen Huckaby, Carmody, Spigener, Shyne and Burrell. 5. Nays: None. Absent: Councilman Serio. 1. Out of Chamber: Councilman Stewart. 1.

5. Ordinance No. 103 of 2001: An ordinance authorizing the Mayor to execute an agreement with Provident Realty Advisors, Inc. for the lease of certain city owned property located at the northeast corner of Kings Highway and Southern Avenue (Thomas Field) and to otherwise provide with respect thereto.

Having passed first reading on May 22, 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 Burrell for adoption. The Deputy Clerk read the following amendment:

Amend the ordinance as follows:

In the paragraph beginning "NOW THEREFORE BE IT ORDAINED", delete the words "substantially in accordance with the draft thereof which was filed in the office of the Clerk of Council on June 26, 2001" and substitute the following: "in a form approved by the City Attorney and in accordance with the terms and conditions stated in this ordinance."

Motion by Councilman Spigener, seconded by Councilman Burrell for adoption of the amendment. Motion approved by the following vote: Ayes: Councilmen Huckaby, Carmody, Spigener, Shyne and Burrell. 5. Nays: None. Absent: Councilman Serio. 1. Out of Chamber: Councilman Stewart. 1.

Motion by Councilman Burrell, seconded by Councilman Spigener for adoption of the ordinances as amended. Motion approved by the following vote: Ayes: Councilmen Huckaby, Carmody, Spigener, Shyne and Burrell. 5. Nays: None. Absent: Councilman Serio. 1. Out of Chamber: Councilman Stewart. 1.

The adopted Ordinances, as amended, follow:

ORDINANCE NO. 95 OF 2001

AN ORDINANCE AMENDING THE 2001 BUDGET FOR THE RIVERFRONT

DEVELOPMENT SPECIAL REVENUE FUND AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, the City Charter provides for the amendment of any previously-adopted budget; and

WHEREAS, the City Council finds it necessary to amend the 2001 budget for the Riverfront Development Special Revenue Fund, to provide additional funding for economic development and for other purposes.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport, in legal session convened, that Ordinance No. 184 of 2000, as amended, 2001 Riverfront Development Special Revenue Fund Budget, be further amended and re-enacted as follows:

In Section 2 (Appropriations):

Increase Other Charges by $250,000. Decrease Operating Reserves by $250,000.

BE IT FURTHER ORDAINED that the remainder of Ordinance 184 of 2000, as amended, shall remain in full force and effect.

BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this ordinance which can be given effect without the invalid provision s, 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. 96 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 CENTENARY AND OLIVE, SHREVEPORT, CADDO PARISH, LOUISIANA, FROM B-2, NEIGHBORHOOD BUSINESS DISTRICT TO B-2-E, NEIGHBORHOOD BUSINESS/EXTENDED USE DISTRICT LIMITED TO "AN AUTO REPAIR BUSINESS" 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 the north 120 feet of Lot 169 and the north 120 feet of the west 39 feet of Lot 170, University Place, Shreveport, Caddo Parish, Louisiana, property located on the SE corner of Centenary and Olive, be and the same is hereby changed from B-2, Neighborhood Business District to B-2-E, Neighborhood Business/Extended Use District limited to "an auto repair business" only.

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

1. A site plan showing compliance with regulations shall be submitted to and approved by the Planning Director prior to the issuance of permits. Any significant changes or additions to the site plan shall require further review and approval by the Planning Commission.

2. No rebuilding of transmissions or engines and no paint or body work shall be permitted.

3. The maximum number of vehicles permitted on this site at one time is limited to 8, with no unlicenced vehicles permitted.

4. Hours of operation shall be from 7 a.m. to 7 p.m.

5. No outside storage and/or repairs shall be permitted.

6. Approval is for a period of one year, after which time the applicant shall reapply to the Board with a waiver of the application fee.

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. 97 OF 2001

AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES, THE CITY OF SHREVEPORT ZONING ORDINANCE, BY REZONING PROPERTY LOCATED ON THE SOUTH SIDE OF STONER, 300 FEET WEST OF CRESWELL, SHREVEPORT, CADDO PARISH, LOUISIANA, FROM B-2, NEIGHBORHOOD BUSINESS DISTRICT TO B-2-E, NEIGHBORHOOD BUSINESS/EXTENDED USE DISTRICT LIMITED TO "A RESIDENTIAL FACILITY FOR ADULTS WITH COMPULSIVE GAMBLING, ALCOHOL, AND/OR DRUG PROBLEMS" 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, 7, 8, and the W/2 of Lot 9, Block 3, Homesville Subdivision, Shreveport, Caddo Parish, Louisiana, property located on the south side of Stoner, 300 feet west of Creswell, be and the same is hereby changed from B-2, Neighborhood Business District to B-2-E, Neighborhood Business/Extended Use District limited to "a residential facility for adults with compulsive gambling, alcohol, and/or drug problems" 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. Approval is for a 5 year time period, after which time, the applicant shall reapply to the Board with a waiver of the application fee.

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. 98 OF 2001

AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES, THE CITY OF SHREVEPORT ZONING ORDINANCE, BY APPROVING THE CONTINUATION OF R-1-D-E, URBAN, ONE-FAMILY RESIDENCE/EXTENDED USE DISTRICT ZONING LIMITED TO "AN ATTORNEY’S OFFICE ONLY", AS SUBMITTED, ON PROPERTY LOCATED ON THE SOUTH SIDE OF WEST 58TH STREET, 600 FEET EAST OF DOWDELL STREET, 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 Lot 14 and ½ the abandoned adjacent alley, Block E, Woodrow Place Subdivision, Shreveport, Caddo Parish, Louisiana, property located on the south side of West 58th Street, 600 feet east of Dowdell Street, be and the same is hereby approved for the continuation of R-1-D-E, Urban, One-Family Residence/Extended Use District zoning limited to "an attorney’s office only", as submitted.

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 additions or expansions requiring further review and approval by the Planning Commission.

2. Waiver of fencing requirement is granted.

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. 103 OF 2001

AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PROVIDENT REALTY ADVISORS, INC. FOR THE LEASE OF CERTAIN CITY OWNED PROPERTY LOCATED AT THE NORTH EAST CORNER OF KINGS HIGHWAY AND SOUTHERN AVENUE (THOMAS FIELD) AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, La. R.S. 33:4712 authorizes a municipality to sell, lease for a term of up to ninety-nine years, exchange, or otherwise dispose of property which is, in the opinion of the governing authority, not needed for public purposes; and

WHEREAS, the City of Shreveport owns certain immovable property located at the north east corner of Kings Highway and Southern Avenue (Thomas Field); and

WHEREAS, Provident Realty Advisors, Inc. wishes to lease said property from the City of Shreveport in order to build a grocery store and other commercial uses which will provide needed services to citizens and others living and working in the vicinity of the property; and

WHEREAS, said property has been used as a park, and Provident Realty Advisors, Inc. has agreed to donate other property on which to relocate the park which will include fencing, landscaping, basketball court, walking track and replacement of all existing playground equipment, etc.; and

WHEREAS, and the City Council has determined that due to the relocation of the park said property is not needed for public purposes.

NOW THEREFORE BE IT ORDAINED by the City Council of the City of Shreveport in due, regular and legal session convened that the Mayor be and is hereby authorized to execute a lease agreement between the City of Shreveport and Provident Realty Advisors, Inc., in a form approved by the City Attorney and in accordance with the terms and conditions stated in this ordinance.

BE IT FURTHER ORDAINED that said agreement shall be subject to the following minimum terms and conditions and such additional terms and conditions as included in the final lease agreement:

1. Said lease shall be for the purpose of construction and operation of a grocery store and other commercial uses.

2. Said lease shall be for a primary term of 99 years.

3. In lieu of cash lease payments Lessee shall provide the following:

a) Lessee shall donate to City other property on which to relocate the park, and will replace the existing park (Thomas Field) at its expense, which will include fencing, landscaping, basketball court, walking track and replacement of all existing playground equipment.

b) Lessee shall provide for a three lane reconstruction of Barrett Street from Kings Highway to the North property line of the subject property.

4. All improvements placed on the property shall, at the termination of the lease, be owned by the City of Shreveport.

BE IT FURTHER ORDAINED that notice of this proposed ordinance shall be published three times in at least fifteen days, one week apart, in the official journal of the City of Shreveport, together with notice that the City Council proposes to take final action on this proposed ordinance at the meeting of the City Council on June 12, 2001 at 3:00 p.m. or on such date and time thereafter as it may determine.

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.

UNFINISHED BUSINESS:

1. Ordinance 99 of 2001: ZONING: C-27-01, K & D CANATELLA, 3100 blk. Bert Kouns from R-1D to B-2, retail auto parts outlet or other permitted uses in this zoning classification. (E/Spigener) (Remanded to MPC on May 22, 2001)

Councilman Spigener: This is in my district and I would like for Mr. Kirkland to come forward and to explain to us, how the MPC dealt with this. In my district on Bert Kouns, between Walker Road and Dean Road, there is several tracts of land that have about 140 feet, I believe it is, of road frontage. They are 5 acre tracts and they go over 1300 feet deep and this has created quite a problem basically because this 1300 feet does join residential. It is causing a real problem for property owners in this area because they are having a difficult time selling their properties even though they find buyers because of the zoning and because of the configuration of the property. And we’ve worked on this and I believe that I am going to approve or ask for your support for this particular ordinance. But Mr. Kirkland if you would give us a little bit of background here and then explain for the record, where the Board came from on that.

Mr. Kirkland: On this specific decision, the Board was divided. There were 6 of the 9 members that were present at this meeting on June 6^th of this year, and part of the reason that those who voted against the motion to approve the additional depth, approximately 200 feet is already zoned B-2 and is legal to use, but the owner needed more depth out of that 1300 feet that you mentioned.

The concern seemed to be more because this abuts another piece of property that is in the southeast part of that area of Walker Road and Bert Kouns and might open up some frontage requests onto Walker Road. Typically in our City and in our Parish, anywhere from 100 feet to 3 to 400 feet of depth of buffer, if you will, residential or some times even B-1 is entirely adequate to buffer residential uses both developed and undeveloped from commercial particularly B-2 and B-3 uses because the hours of operations of B-2 (inaudible) and then B-3 is midnight. In any event, some of the Board members that voted against I believe were more of the school that they’d like to see a larger plan adopted that would address a number of those property owners that front on Bert Kouns and once the plan is adopted then my expectation would be that perhaps as much as seven or eight hundred foot of depth would be approved for commercial use with a proper plan, i.e. how Walker Road frontage would be dealth with (inaudible).

In any event, this decision, since it does not open up any access to Walker Road, it does not begin to encroach on the residential by only wanting a total depth of 350 feet, I don’t, in my opinion, think that it would be a bad decision to go ahead an approve that total 350 foot of depth with the understanding that anyone who wants to exceed that depth, we will need that plan. Now, we are going to be working with the real estate broker and some of those property owners to try to get a plan because the majority of these owners of this property in that while called southwest section of Bert Kouns and Walker Road, would like to see commercial uses allowed. So, the Board has acted, Mrs. Spigener 3 to 3 (tie vote) and a tie vote is a failed vote, so I think subject to Mrs. Glass or Mr. Thompson’s guidance, I don’t know if you want to act on it today or not, but the Board has acted based on your remand back for reconsideration and re-advertisement.

Councilman Spigener: I would ask for some guidance from Mrs. Glass. Are we in a position to vote on this today which was remanded back, this is the first time that it has been on our agenda since it was sent back to the MPC. Mrs. Glass: There was not a new and different zoning approved by the MPC, they basically did not approve anything different than they approved the first time. But what is in front of the Council now is what they approved previously?

Mr. Kirkland: No, what is different is that the original application, Julie, did not include all of the depth, it was not properly advertised to include all of the depth that the owner wanted considered. Mrs. Spigener remanded back. We did re-advertise, included that additional depth, so there is in fact a brand new piece of it that is being considered for re-zoning, that was denied. Mrs. Glass: So, this was just put back on the Council agenda as Unfinished Business, but I am thinking I have not had any discussions with anyone about this before this moment, so I am just thinking this right now, but it seems to me that if part of this ordinance does something additional that was not in the ordinance before then it should have been on Introduction. Mr. Kirkland: I don’t know that you have the ordinance in front of you or Mrs. Spigener does, that would include this additional 150 feet. What you have, I think on your agenda is the action of remand and that action of remand would not have the revised ordinance.

Mrs. Glass: Then it would seem that we would need to introduce an ordinance that would have the additional footage in it, am I understanding that is what you want to proceed with or not? Councilman Spigener: Yes. I mean, if that is what we need to do to be able to vote on it.

Mrs. Glass: It would seem that then that the new ordinance with the additional footage would be something that had not been approved by MPC, it would get introduced at Council, and on Final Passage it would take a 2/3rds vote to adopt it despite the lack of approval from the MPC. It seems like at this point, we don’t have that ordinance in front of us. I am sorry, I did not realize that this had come back from the MPC already.

Councilman Spigener: And I’m sorry that I did not discuss with you earlier. So, what we need to do is to just introduce this as a new ordinance? Mrs. Glass: I believe so, yes. Councilman Spigener: Because actually, I suppose it is since it was changed.

Mr. Kirkland: Again, I think what again, subject to guidance from Mr. Thompson and Mrs. Glass, I think we will need to repair at your request or Legal will, an ordinance which includes this property so that you have a comprehensive ordinance in front of you and we don’t have that. Mrs. Glass: I would think your office would treat it as you do when you have a case that comes before the MPC and even though they disapprove it, you go ahead and forward it to the Council with a notation that it was disapproved, but then the Council has the final decision.

Councilman Spigener: So, we really can’t even Introduce it today because we didn’t get the ordinance from Mr. Kirkland’s office? Mrs. Glass: Right, I don’t think we have anything prepared to introduce.

Mr. Kirkland: And we are happy to do that. I am not real clear myself on when the Council remands as to whether it automatically can be re-introduced with an amendment or not, so it is more of a legal question than it is, I think—but we are happy to help in any way we need to.

Councilman Spigener: May I request then that you get with the Legal Department or the Legal Department with you and you all advise as to what we need to do. Mr. Kirkland: We’ll do.

Councilman Spigener: And when we get this matter straightened out, I will probably request that we support and pass this. I think this is something that will be a beginning step to deal with these properties along Bert Kouns and I don’t think that there is a property owner over there that doesn’t realize this is going to go commercial and I really in favor of that happening. Just the configuration of the property does not allow us to sell enough of it for a business to be able to locate there, is the whole thing in a nutshell.

Councilman Carmody: Mr. Thompson, can I ask for clarification. Does this need to remain on the agenda under Unfinished Business? Mr. Thompson: Lets let it stay there now and then once we figure out where we are going with all of this, then with your approval, we’ll just put it wherever it needs to be.

Councilman Carmody: Thank you sir, I appreciate it. We have been rejoined by Councilman Stewart, and I would ask, Madame Clerk to please go back to 9. D. Ordinances on Second Reading and Final Passage (beginning with 96 and 97).

NEW BUSINESS:

Appeal of BAC-29-01, CHURCH’S FRIED CHICKEN OF SHREVEPORT, 530 East Kings Hwy., Special Exception Use in the SPI-3 (B-2) District; drive-thru window with menu speaker. (C/Carmody)

Motion by Councilman Carmody, seconded by Councilman Shyne to uphold the decision of the Zoning Board of Appeals and approve the application subject to modification of the list of stipulations by adding the following:

4. The off-street parking area is to be surfaced with concrete.

5. The trash dumpster is to be relocated to the southeast corner of the site subject to approval by the planning director.

6. The above improvements are to be started within 180 days of this approval or the decision is null and void.

Councilman Carmody: I have met with both the applicant as well as the party that has filed the appeal with the Council regarding this matter and it does appear that we’ve come to a situation where we have tried to seek a compromise and in the spirit of compromise, I made a decision to ask this Council to uphold the Zoning Board of Appeal and to approve this application subject to modifications and the list of stipulations to be added. 4. The off-street parking area is to be surfaced with concrete. And again, that concrete be substantial enough to hold 18-wheelers who make deliveries onto the property. 5. The trash dumpster is to be relocated to the southeast corner of the site subject to approval by the planning director. 6. The above improvements are to be started within 180 days of this approval or the decision is null and void. and I would ask for approval on this issue as well.

Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, and Shyne. 5. 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 Burrell, seconded by Councilman Stewart. Motion adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.

There being no report from the Committee, the Council meeting adjourned at 4:45 p.m.

/s/Thomas Carmody, Chairman

/s/Arthur G. Thompson, Clerk of Council