COUNCIL PROCEEDINGS OF THE CITY OF SHREVEPORT, LOUISIANA

AUGUST 14, 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 3:10 p.m., Tuesday, August 14, 2001, in the Government Chambers in Government Plaza (505 Travis Street).

Invocation was given by Reverend Lamar Holden.

On roll call, the following members were Present: Councilmen Pearl Huckaby, Stewart (3:20), Carmody, Spigener, Shyne, and Burrell. 6. Absent: None.

Approval of the Minutes

Motion by Councilman Shyne, seconded by Councilman Burrell for approval of the Summary Minutes of the Administrative Conference of July 23, 2001, the Minutes of the Regular Meeting of July 24, 2001. Motion approved by the following vote: Ayes: Councilmen Pearl Huckaby, Carmody, Spigener, and Shyne. 4. Did not cast a vote: Councilman Burrell. 1. Absent: Councilmen Stewart and Serio. 2.

Awards and Recognitions of Distinguished Guests of the Mayor and the Council Which Are Required By Law.

Mayor Hightower: Mr. Chairman, I do have one today, if we could take just a second. Although it took this young lady a lot longer than that to accomplish what she has accomplished. But having known her dad for many, many years and her uncle for probably more years than that, I can understand how she’s come to where she’s come from. He used to think he was a super star, but he was bowed up back then, so I know where she got the power from, but. . . I want to call forward, I guess probably the newest super star that we have in the City of Shreveport and certainly any of us that have watched the news over the past several weeks and people from all around the country are talking about the new talent from Shreveport, Meredith Duncan who is here. So, what I’d like to do is, Meredith if I could get you to come up and maybe you want to bring your coach, I know you she’s here with you and maybe your mom and dad, all our friends, come on.

On behalf of all the City Council Members, I want to read this proclamation to you. It says: Whereas, Meredith Duncan, a graduate of Byrd High School and a senior at Louisiana State University, has demonstrated tremendous skill, dedication, and enthusiasm to the game of golf.

Whereas, this summer, Meredith placed 1^st at both the Women’s Western Golf Association Amateur Championship and the North-South Women’s Amateur Championship, In addition Meredith recently joined an elite group of young women by winning the 101^st U.S. Women’s Amateur Championship title at the Flint Hills National Golf Club in Andover, Kansas.

Whereas, Meredith is being honored this day by the City of Shreveport for Outstanding Achievements as the winner of the 101^st U.S. Women’s Amateur Championship and her No. 1 spot on the Golf Week Title as the U.S. Women’s Amateur Ranking.

NOW, THEREFORE, I, Keith Hightower, along with the City Council, do hereby proclaim Tuesday, August the 14^th, 2001 as Meredith Duncan Day in the City of Shreveport and urge all citizens to join me in extending our congratulations and best wishes for continued success. Congratulations.

Ms. Duncan: First of all I want to thank everybody who is not normally here today, thank y’all for all coming today and supporting this. I also would like to thank the City of Shreveport just for being so supportive through everything I’ve done. I couldn’t have, I wouldn’t be so popular, I guess if, so many phone calls and so many people that want to congratulate me and say how proud they are and I’m proud to be from Shreveport. So, I’d like to thank everybody that came out today and I thank my coach who came down to Baton Rouge, my mom and dad, my aunt Pam and then some of my friends who made some of the posters and some hats (Meredith Duncan Day- not on sale) but. . . so I’d like to thank everybody for coming out today and thank the City of Shreveport for their support.

Councilman Shyne: I would just like to say, I think the Mayor presented her with an official proclamation from the City and Mr. Mayor, I presented her with an official "Hug" from the City.

Chairman Carmody: Meredith, very quickly, whenever I play golf, they always tell me nobody wants to know how you did it, they just want to know the score. But, the other day, I watch some shots you made and I’d love to know how you did it because they were very impressive.

Ms. Duncan: A lot of practice.

Chairman Carmody: A lot of practice, it shows; very well done.

Ms. Duncan: Thank you.

Chairman Carmody: Congratulations, I’m gonna celebrate the Meredith Duncan Day today.

Mr. Antee: Mr. Chairman if I could, there was a reception at East Ridge Country Club the other day and all of these people were here and we were reminded that David caddied for her, but he only carried her bag five days, Mrs. Duncan carried her for nine months, we were reminded of that.

Councilman Burrell: I just happened to be in Alexandria this weekend and I had the television on and looking at Women’s Golf. So, Meredith, looks like you’ll be joining those top two. I think it was two top ladies that were there and I’m looking for you to be on there the next time I look at it.

Chairman Carmody: Thank you. Thanks Meredith, congratulations.

Councilman Shyne: Mr. Chairman, before we get into the Public Hearing, I would like to suspend the rules and I know that we don’t generally do this from time to time, but I would like to bring up Reverend Holden. He has some information that he’d like to bring before the Council and I think that he has another appointment that he has to get to and if I could a second on that.

Motion by Councilman Shyne, second by Councilman Burrell to suspend the rules; motion unanimously approved.

Councilman Shyne: Reverend, could you please come forward, I believe you have some information that you’d like to share with you’d like to share with us.

Reverend Lamar Holden, the Pastor of Pilgrim Rest Baptist Church for the last 21 years, small businessman in the City of Shreveport: I want to address this strictly to the Mayor and the Council, since he is the Chief Administration of our City. Mayor Hightower on the 25^th of July, my daughters went to court and she was exonerated or found innocent and after she was found innocent, they were leaving the court room and she was threatened by an officer and that has really devastated our family tremendously. I have the court document that, what taken place in the court and we have pursued it through the proper, what I thought, was the proper channels to get him removed from the streets and as I stand now, he has not been removed.

I love the City of Shreveport, reared four boys and three girls, was educated in this City, some went on the Northwestern State, LSU-South and we taught them to respect the law. And the very law that I told them to respect--never argue with a policeman, always respect them and this law has devastated our family. And since you are the Chief Administrator of Shreveport, I appreciate it if you would kinda put a hands on and look into this matter and when I approached Internal Affairs, they said it had to be investigated. But as I stand now, I have the transcript of the trial and we’ve had the proper judicial, went through that process and this officer made an error for giving a ticket and after going through that process, he had no respect for the court that he’s sworn to uphold and protect and that’s my grievance this evening.

Because living under threat is bad. I need not tell ya’ll especially being a black man, being a black family, no one can tell me that it’s not real. The threat is real, we take it for real. We have altered our lives, because when you threaten my daughters, you threaten me; so, we have altered our going out, coming in, make sure we’re together and the only thing that was really devastating when I approached the Internal Affairs, they said well, if you’re stopped (to my daughter), if you are stopped, get on your cell phone, call 911, and you don’t have to stop. That jeopardize her life further because if she gets on a stretch of street here, say like Jewella, coming up and police stops her for whatever reason and she refuse to stop, and they well go to a crowd of people. Get to the crowd, she get’s out, he start frisking her, one word leads to another and it will appear that she’s guilty of a crime. If she’s only following instructions, so I don’t buy that "don’t stop". I just need him to be removed from the City until this can be further investigated. But it has already been determined by the court, the witness have sworn in what he said and they have not removed him. I’m asking the Mayor and the Council to remove him. Thank you.

Councilman Shyne: To this Council and to the Administration, the incident was a very serious incident. I’m for law and order, and I believe we have some of the finest police officers that you could find anywhere. But, whenever you have an officer who committed the act that this gentleman committed, Mr. Mayor, Mr. CAO, and Chairman of the Council, and the rest of the Council Members, I think we need to actively do something about it.

I’m sitting here now with a list of suits that have been filed against this City and I have not had a chance to look at ‘em and see where they all came from, but when we have individuals who will act in that manner, it cost taxpayers. I’m for law and order, but it cost taxpayers when we have an officer that will threaten a citizen in the presence of a City Judge. I mean, this means that he doesn’t have any kind of respect for the law.

Now, you know it would be questionable if it was outside and it was just the two of them, his word against her word, you know we generally have a tendency to go along with the police officer because we all feel like that they are right in whatever they do. The longer you live, you find out that they are human beings just like anybody else. They will commit mistakes. When they do, they need to be corrected.

This officer had the audacity to do it in the front of a City Judge. I mean, this wasn’t outside somewhere. I mean he so arrogant and so bold in doing what he’s doing, until he feels like he could just, and I don’t want to use the words that he used cause Reverend there is a Christian and I am too and it some things Larry, that Christians don’t say, but, it was a very derogatory word. I think we have moral responsibility to look in to this.

I think, we don’t need to let the Internal Affairs just brush this up under the rug because the next time, I mean this could cause a riot in the City. We don’t need this. We’ve come to far. We’ve built too many bridges to let one individual tear down what we’ve been trying to put together over the last 15 or 20 years especially in the last 4 or 5 years. I’ve known Reverend here for years. Matter of fact, I had an opportunity to teach his daughters and to see them at Fair Park. They were always, always young ladies. Never! They have no record at all. Never. I think its our moral responsibility to look into this. To see what we can do in order to put some policies in place where this will not happen again because if he’ll do it in front of a judge, Tom, you know what he’ll do, if he catch you on the back streets.

Reverend Holden: And Council Members, let me say this. And when that happened, they called me, they was even afraid to leave from the City Hall. I left my job, went over and they were crying profusely and that should not happen here in our City not in the Year 2001. I chose to live in this City, because I love the climate. I’m originally from Spokane, Washington, but I chose to live in this City some 45 years ago. I went to service from here, was honorably discharged from, reared my family here, was educated here and this still is a good city to live. I don’t want to come to make it sound like a racial thing. It’s just one bad apple in the bush and he just need to be removed.

Councilman Shyne: Reverend, I can understand what you’re saying, because he is legally empowered to carry a weapon on his side. Any man who is that bold, any man who would do that for that case, any woman that would do that, who is legally, can legally carry a weapon on they side, you should be afraid. Your family should be afraid because that can happen to anybody and we’ve had too many acts of over aggressions. And, Mr. Mayor, we need to look into it. Council Members, we need to look into that.

Councilman Burrell: Reverend Holden, you say that’s it’s already gone through Internal Affairs already?

Reverend Holden: Yes, we went through the proper procedures. They told us that each time we went, we wanted to file criminal charges, which they filed criminal charges and we was looking for him to be at least pulled off the street, if not arrested. Just pulled off until it gets fully investigated, but he has not at this time, as far as my knowledge, he has not been pulled.

And you know, if I would have made that threat, called the school and say, blah, blah, blah, my grandkid....I’m coming up there, I figured within two hours, I would have been arrested, behind bars, plastered over the paper and see, you know this disparity of treatment is what really, you know, that gets next to you. Especially when I’ve tried to teach them and myself, you know. We have never been arrested, never been kicked out of school, we’ve done all the things that we were supposed to do as citizens and yet it has not been good enough. Yet, as I stand now, I still feel like a second class citizen and that should not be in the Year 2001. They told me, wait, wait. I’ve waited all my life, I’ll be 64 on Oct 15^th and I’m still waiting for this City to not look at your color. I didn’t have that problem until I came to Louisiana, but it should not be, it should not be. The color of our skin should not be the determinant wether we be treated fair.

Councilman Burrell: Well, I’m not exactly sure what the comments were, I understand that the incident was bad and I know that the Judge made some comments in the paper concerning this. Under the circumstances, the comments that I only heard that were made were definitely uncalled for and it does reflect on us as a City and that’s what I’m really concerned about. How people feel about living in our city and what kind of respect will they get as citizens in this City.

I wanted to know maybe from the Administration or someone in terms of the results of that internal investigation, is that kept under seal? Its not shared with Council Members, I assume?

Mayor Hightower: Those usually aren’t Mr. Burrell and I’ve not been privy to that either, as a matter of fact, I’m not even familiar with the case. So, is it under Holden, or are you married or are you married? Ms. Brown: Brown.

Mayor Hightower: Brown, okay. We’ll be glad to take a look at it and see what the status is and what’s come under the investigation. Obviously Councilman Shyne and you are both pretty familiar with it and I’m not.

Councilman Burrell: Well, somewhat, I think I saw it in the newspaper, I was out of town, came back and saw it in the newspaper, but it did disturb me too. I didn’t know, it was involving you or Reverend Holden, cause I’ve know you for some time, and ah.....but we definitely need to look into that, because, you know, I’ve heard of situations like this starting to occur even more so and that’s my concern, the escalation of this type of activity toward normal citizens. I can see if they were rowdy or if they disrespectful, but if they were not, then we got a problem and its something that we’re gonna have to deal with.

Chairman Carmody: Reverend Holden, can I ask you to clarify for the Council and for the Administration. You have file a complaint with the Internal Affairs Division of the Shreveport Police Department?

Reverend Holden: Right.

Chairman Carmody: And what did they tell you as far as a time frame in which the matter would be investigated?

Reverend Holden: Well, they didn’t give us a time frame, they just told us, they would let us know, I guess when they completed.

Councilman Burrell: It’s not finished.

Reverend Holden: But my thing is this. Since it happened inside of the court room itself, then I think the Internal Affairs need to recognize and respect the presiding judge who dismissed or put a hold on all other trials until he taken a first hand on this and its all documented here in the transcript. So that should have been the investigation enough to at least pull him off the street then until they went further investigation, that was enough said in the court room.

Councilman Shyne: I think what Reverend Holden is saying as a teacher in the classroom if you threaten a kid, they gone put you in administrative leave until they investigate what’s going on. You not gone stay in the classroom and continue to do what you doing. What he’s saying is, that this officer has not even been put on administrative leave. Cause I was kinda involved in a similar situation. An officer went out and gave a guy a ticket and told him the only reason he was giving him the ticket, cause Joe Shyne had called him and told to go give him a ticket. I didn’t even know the guy, didn’t even know the officer. The guy just happened to call me and tell me, say, I don’t even live in your district. Why would you tell an officer to come and give me a ticket. I say, "Mister, I don’t even know you". I mean, you know, this kind of stuff, we don’t need this from our Police Department. We have some fine officers on the ...who are out there giving their lives everyday. These one or two that would do that. And Tom, next time, it might be you. Roy, next time, it might be you. Pat, next time, it might be you and this why we need to look into this. We don’t need this going on in Shreveport. We’ve come too far to have something like to this to go on. I know what he’s talking about. I’m familiar Mr. Mayor, because he called me the same day that it happened.

Chairman Carmody: And the day it happened was...?

Reverend Holden: The 25^th of July.

Chairman Carmody: The 25^th of July, okay. And you filed a complaint that day?

Reverend Holden: That day.

Chairman Carmody: Okay.

Councilman Shyne: And matter of fact, I suggested to him to go through the legal process. Lets see if we can handle this because I told him that we have a fine Administration, we have a fine Chief of Police and lets look at this because he had a cut and dry case. I mean I even talked to the Judge. And it was even in the newspaper where the Judge even said that, this particular officer made this kind of statement and I mean it’s just like this guy can do this and just get away with anything and it’s make the other officers look bad. You know when we go to the people asking for a tax increase, asking for...so we can give our fine officers a raise and we then got officers that would do that.

Next of all, we asking Department Heads to cut back 2, 3, and 4% of City Services that can be offered to the citizens because we got millions of dollars worth of court costs here where some individual has over reacted and he didn’t have to do it and we’ll sit here and let them continue to that in the name of law and order. It doesn’t make any sense.

Reverend I agree with you. You know, it makes me feel bad that we have to sit here and let something like this happen. We have a moral responsibility. We took an oath to make sure that everybody, everybody is treated equal. I mean cause even if she had been cutting up some, as an officer, you still don’t threaten nobody. I mean as a teacher in the classroom, if Johnny was acting bad, it wasn’t my duty to threaten him. There is professional way that you handle that. And I mean his family has never been violent, never been aggressive. Reverend here has been a hardworking tax paying citizen every since I’ve known him and I don’t want to tell my age, but it goes back a little piece. Thank you.

Chairman Carmody: Reverend, I appreciate you bringing this to our attention. I think the Mayor and I, and I’m sure some other Council Members are on the same page and that we were unaware of this incident happening, but I’m sure the Mayor will get together with the Chief of Police and we’ll take a look at the situation and see what (unclear). Thank you sir.

Councilman Shyne: While we have the rules suspended, I would like for (I almost said Councilman Ferdinand, Larry, you served for so long and you look like a politician), I would like for Larry to come up. Larry has some information that’s very, very vital and very important and Larry is so important until he has another meeting that he has to go t and I think that the other important meeting is gone be what Thursday night?

Mr. Ferdinand: Thursday night.

Councilman Shyne: Okay, Larry, would you please come up just for a couple of minutes.

Mr. Ferdinand: Thank you Mr. Shyne, members of the Council, and Administration. Mr. Shyne wanted us to give an update relative to the upcoming EDI that we have, we call the Shreveport Inner City Economic Development Initiative. We’ve had two technical assistant meetings with the various business that’s interested in locating in the corridor where we got the grant. The grant and the EDI, the one million dollar grant and 2.5 million dollar, 108 for the Queensborough Corridor, the area that’s bounded west by Jewella, north by Lakeshore, south by Greenwood, east by Portland..

This coming Thursday, at 6 p.m. at Bilberry Park which is 2900 Lakeshore Drive, we gonna be having sort of like a little mixer, we’re gonna let the citizens know basically about the application process. The fact that we’re gonna start taking applications after, beginning September 4^th and this is for businesses that are interested in locating in those corridors, geographic location I just described. And it’s gonna be monies available through the grant that we have to help fund their proposals.

Like I say, we’ve already had two sessions with the businesses that are interested. A total of about 150 business persons came to hear what we had to say relative to getting their business plans together, their strategic planning and other due diligence they gonna have to get ready for it if they want to have a business in this area. So, this coming Thursday, its gonna be the kick off to give the informational data and let ‘em know about the application process beginning September 4^th. We’ll be meeting with the lenders who gonna be participating in our office at 10:00 a.m. this coming Thursday to make sure we put all the finishing touches on what we need to do and have them there Thursday night as well at 6 p.m.

Councilman Shyne: Mr. Ferdinand, Mr. Chairman if you don’t mind, I’d like for Mr. Ferdinand to come back from time to time and give us an update, because I think this is important to all of us if you, any of us that have persons that live in that district, I’d like for you all to encourage them to make sure that they would come so that we can revitalize this corridor. Because at one time, this was a, this business corridor was up and running and there were a lot of businesses in this particular corridor. And I know Pat understands what I’m saying when we look at South Park Mall. At one time, South Park Mall was a thriving mall, I mean, people came here from Texas, Pearl, from all the way from Alexandria they would come up and from all over at Grambling, they would come over and shop. And now, you know for some reason, we just let the mall almost go to hay and we gotta do what we gotta do in order to revitalize economic development in this City. We just can’t afford to sit back and let these different areas just go to hay so to speak; so, if you would come back and give us an update from time to time. And if its anything that we can do Mr. Ferdinand to help this to become a reality, please let us know hear?

Mr. Ferdinand: All the Council Members should have gotten an invitation relative to this. Cause in conjunction with this HUD had asked the Mayor as well as the Mayor of Bossier to declare it Fair Housing Day, so its gonna be those two initiatives on Thursday.

Councilman Shyne: And I think this is in Bilberry Park, this is in Councilman Burrell’s district and Councilman, its gonna be kinda hot that night, so we’re looking for you to kinda dip into your slush fund and provide us with some refreshments, hear?

Councilman Burrell: I got plenty water over there in the District. I just wanted to commend the Community Development Department, especially Mr. Ferdinand. This has been a long time coming, waiting on this Economic Development Initiative grant.

As you know, dealing with inner city development, that’s basically my thing now. I guess after retiring 22 years with Bell South in engineering, this is my second life, dealing with inner city redevelopment. And this is gonna be one initiative gonna be able to help a lot of our inner city neighborhoods in terms of economic development and housing development which will create jobs for many of our young people not only in those areas, but all over Shreveport. Sometimes, people have a tendency not to understand that when you help our inner city neighborhoods, you help all of Shreveport. You know actually is the heart of our City. Many times we want to close our eyes to the problems that are there, but I like to look at it in terms of a body. If the heart goes, everything goes and if the inner city goes, then the City itself goes.

So, we support your effort and we’re working aggressively toward that, I know the Mayor has bought into trying to help the inner city area, because they have been neglected so long and we’re trying to get the citizens who live there to become more independent and work toward revitalization in support of that, these areas. Its okay to move outside the City, I don’t have a problem moving outside our inner core, but at the same time, we have much of our infrastructure that is already paid for in our inner core and we need to go back and reclaim it. So again, I’d just like to say thank you for all the work that you’re doing, Larry.

Mr. Chairman before we end this, we got the rules suspended, I looked out and I say one of my constituents that I had talked with I think about a week ago. She caught me out at IHOP and she was very disturbed about a situation that she’s dealt with out there with our police force. So, I asked her, I say well, if that’s the case, and you’re disturbed about it, then come and address it to the Council. Sometime, you can write a letter and it get some actions, but sometimes we need to hear from them on what they are dealing with out there and I say if she feel confident in doing it, then come so, I saw that she came and that’s Ms. Eisibe B. Sneed. So, I would like to at this time.

Ms. Eisibe B. Sneed (6312 Casa Linda Circle tat’s in the Western Hill area off of Pines Road): My concern, why I’m here today is the harassment out in our area. I have a teenage son and I realize children do things behind their parents back, but I only know what he does when he’s at home. But the thing about it when I say harass, my son was arrested I know three weekends in a row. They said he was trespassing. I mean that’s costing me to go get my child out of jail when I asked the manager where they said he was barred out some apartments out in that area. Well, she expressed that he was barred away from there and I respected that because he had...if he wasn’t supposed to be there and had done wrong, he shouldn’t go there. But now, I don’t think he has to be a prisoner in his home to walk on the public streets. Those apartments are not the public streets. Every time he would go to the store, next thing, I’m getting a phone call that "mamma, I’m in jail, this certain officer has arrested me".

He had a broken hand. The officer---and my thing about being rude, I mean, they can arrest them if they’re wrong but don’t treat ‘em like animals. When he arrested my child, my child had a broken hand. It was in a cast. And there were neighbors that witnessed this, because as a parent I was concerned and I went to this neighbor and asked the young people what had happened. They expressed that they slammed my son up against the car, and he told one of the officers that you hurting my arm and he replied, "damn your arm" and slammed him against the car again. I don’t appreciate that type of treatment. I mean if he’s done wrong, he supposed to be arrested, but don’t treat him like he’s an animal. I mean, our Police Department are to protect and serve.

And I’m like the pastor say, it say, I mean, it makes me afraid to live in my own city knowing that we have corrupted officers that just take advantage of wearing that uniform and having a gun on their side. So that’s why I’m here today, I’m concerned how rude they are. I’ve been to Internal Affairs, they brush things under the rug, matter of fact, I went to Internal Affairs back in February that something occurred at my home with one of your officers being rude and arrested my son falsely. I asked them to look at the video tape that they supposed to have in their cars. I was supposed to get a phone call, never got a call back. And just coming to find out I requested to see the Mayor, said I couldn’t see the Mayor, had to talk to another officer. I mean they were just so passive in sending me to different departments and it got frustrating, very frustrating because it’s like they don’t want to hear your complaints. I mean its...you’re nobody to them and that disturbs me. It really disturbs me.

I never got a phone call, nothing ever was documented, I never got papers to file my complaint; so, that’s why I’m here today. I’m tired of the harassment. You know, I pay taxes in my neighborhood and proud of where I live, but I’m not proud of the protection we’re supposed to be getting out there and this particular officer is an off duty officer that’s a security guard at this apartment complex and it seems like he’s bitter for some reason and he’s taken advantage of his little authority and harassing those young boys in the area.

Councilman Shyne: I don’t mean to cut you off, just stay right there. I do want to state that we do have a Public Safety Committee and I did reactivate that committee. We do have investigative powers as Council Members. We do have the right to look into any of these situations, if we deem necessary. That was one of the reasons why I reactivated the Public Safety Committee. I forget now, who was on that committee. I know I appointed Councilman Huckaby on there and I think he was chairman of that particular committee.

Chairman Carmody: I believe that’s correct.

Councilman Shyne: Right. But I do think, because at one time, we were looking into situations like this. I mean years back, we looked at situations like this and believe it or not, it did have an impact because it began to defuse those kinds of situations. I doesn’t matter who you are, your actions need to be monitored. I mean, nobody needs to just have, just a blank check so to speak. So, you know, my statement to the Council, I think we might need to start looking into some of this because we’ve come to far to let situations like this blow out of hand. CNN and ABC and some of these national t.v. stations would just be glad to run in here. And the little incident that we had out in Cedar Grove, I don’t want to play it down, but before we knew it, they had it all over national t.v. that we had a national riot here. It was hard for us to patch that up and to get businesses to start looking at coming back into Shreveport.

Again Mr. Chairman, I think we have a moral obligation to begin to look into these and we should be privy to any information that Internal Affairs look at. I mean, we can meet and have Internal Affairs to come before us and give us a report on what’s going on. We don’t have to just sit back and be at the mercy and be at the whims of Internal Affairs, "well if we want to do it, we will, if we don’t want to do it, we won’t do it," we don’t have to sit back and do that. We have the power at our hands, I mean, the City Attorney back there will tell you, we have the power to do that. We don’t have to sit back and let them dictate to us like they might be the elected officials and we’re the ones that have to follow them. We don’t have to do that. I can understand what you’re saying. If an individual is wrong, I’m for law and order . If he’s wrong, but we don’t have to treat ‘em like they are animals. I mean it’s a professional way to handle a situation and you don’t have to do that. I agree with you.

So, I think we need to kinda need to reactivate this Public Safety Committee and start looking into some of this, because if we don’t, its gone cost us dollars. We gone be cutting back on some of the City services. We gonna continue to ask departments to cut back and you know, we were talking the other day about giving City employees raises and we mentioned, this is one of the reasons. We can’t give ‘em raises, cause we got to settle law suits that should’ve never come about. I’m sorry for getting so emotional. Thank you Mr. Chairman.

Councilman Burrell: We also have Ms. Regina Ray, I think she may be supporting this, I’m not sure, but I wanted to give her an opportunity.

Ms. Ray: I’m basically here for the same situation. At one time, my son was escorted home from down the street in cuffs. And this particular officer got real rude with me until he found out that I could not be intimidated because he was wearing a badge, then his personality totally changed. Because I told him that I would get out and start a petition myself.

Councilman Burrell: Mr. Chairman, I talked with Ms. Sneed earlier about this and I did warn her to or should I say suggest to her, to tell her son, that I know the location that she’s talking about. The apartments around La Tierra and I explained to her some of the problems that we’ve had in that area around that apartment complex. And I met the apartment manager who is there who seems to be doing a pretty good job of trying to keep a lot of the problems down around that apartment complex and its been a troublesome complex over in that area. Just to have her son to know, that it would be good if he would not frequent that, but he has a right. I mean, we can’t get away from that, he has a right to go where he wants in a public area. But we do have some procedures in which we try to follow. And my concern is that, if we follow those procedures, as citizens then I’m concerned about the findings seem to come up more times than none that its totally justified, whenever you have witnesses that are saying that these improprieties are not right and that’s my concern is, that wether or not a lot of this stuff is being swept under the rug.

And if Councilman Shyne, I know he mentioned that we have the committee may have a right to look into some of these things. I’m not sure, he probably know more than I do, cause he’s been here forever (no, I didn’t mean to say that ) but he’s been here longer than I have and I’ll take his word for it, but maybe we need to look at that. I know the Mayor incorporated a committee sometimes back, I think it was the Review Committee and maybe that might be something that they want to look at. It’s still activated, is that correct. I know that Milton Williams was the Chair of it and they made some recommendations. And if we’re having situations like this, maybe we need to start looking at it at this juncture.

Chairman Carmody: Ladies, let me ask. You had mentioned that you had called Internal Affairs, but that you had not filled out any paper work; is that correct? Ms. Sneed: I went to Internal Affairs and I spoke with whomever was in charge, a Sgt Willard or whatever and she directed me to, I told her if they couldn’t help me, I wanted to speak to the Chief. If the Chief couldn’t help me, I want to see the Mayor. I said because I’m tired of this.

Chairman Carmody: Ms. Sneed, did you file a complaint though?

Ms. Sneed: I did as they told me. They never gave me papers; so, I was doing what I thought I was supposed to do not really knowing the procedures. And everybody that I talked to was just defensive for the officers, not apologetic for what had happened, even the manager, the apartment manager verified that she didn’t know nothing about my son being arrested the other times. And I told them, I’m tired of paying money that I don’t have just because the policeman want to impress the rookie officers out there.

Councilman Shyne: She’s exactly right. I’m a City Councilman and I went to Internal Affairs and matter of fact, I talked to the Chief and he advised me to go to Internal Affairs. I went to Internal Affairs, sit down, and filled out the necessary paperwork. That’s been probably three months ago. Do you think I’ve heard anything back? Am I an astronaut? I mean, you would have thought at least out of common courtesy as a City Councilman, they would have at least say, "well Councilman, we have looked at X, Y, and Z and this what we found: A, B, and C". I have not gotten a call back from Internal Affairs at all, so I know if they do me like that as a City Councilman, I know what they gone do you as a citizen.

And Councilman Burrell, again, this is why I say, we need to reactivate, we need to put this Public Safety Committee into action because Councilman Huckaby and I had talked about that. Matter of fact, one of the persons out there called me and told me and told me that a lady from, an officer from Internal Affairs called her house and talked to her in a very rough and a very hostile manner. Matter of fact, she scared the lady. I mean you probably have never been in this situation. But, it’s a scary situation to be a black individual out at night and a police car pull up behind you with the lights going on. Now, take it from me, it’s a very scary situation. And, let me tell you now, they can pull up behind you as a white individual and it can be a very scary individual.

Chairman Carmody: Believe you me.

Councilman Shyne: Right. So we gotta do something to put something in place before this gets out of hand. I mean, that just like taking a cookie out of the cookie jar, you know you get away with one, and you get away with another, and you get away with another, and then before you know it, we got a problem on our hands. We do not need to have that kind of problem. If its so much stress out there and then we need to come up with a way where we can give ‘em some time off and let ‘em play some softball or go swimming or take stress management classes or whatever it is, but we don’t need this. I mean, this is gonna run our city.

The Administration is doing a fine job. I think the Council is doing a fine job by bringing this City together, by bringing out the positive aspects of this City. We can’t let two or three people let this go back and she is right about Internal Affairs. I have not gotten a report back yet from Internal Affairs and this guy I mean just willfully tell the guy, I mean if you gone give somebody a ticket, gone and give ‘em a ticket, but don’t tell ‘em that Councilman Shyne sent you out there to give ‘em a ticket, cause I can’t make an officer go out and give somebody a ticket, I don’t have that kind of authority to do, that’s just willfully lying. And the guy come calling me on the phone, I mean, he could have met me somewhere and shot me, you know. But now, if I suggest to an officer to go out and give somebody a ticket, I don’t mind him telling him that but don’t lie and say that I told him that. Because I’ve always been taught if you lie, you’ll cheat, you’ll steal and you’ll kill. I’d rather for you to tell me the truth and I don’t agree with you than for you to lie to me. I’m sorry Mr. Chairman.

Councilman Huckaby: I’d like to find out this. The rhetoric is good, but I think maybe we need to get to the main core and that being the Internal Affairs office. I think if Mr. Shyne says that we can have them before the Council, I think maybe we should do this, and find out what is the problem that nobody can get any answers to.

Chairman Carmody: At this point ladies, let me thank you. I do need to ask both of you to please fill out the request to speak forms so that we have it for the record and its right here, and you can fill them both out. Thank you, I appreciate that.

Mr. Mayor, I would appreciate some direction though maybe from our City Attorney in regards to our Committee’s ability to ask Internal Affairs to appear before us to give us some insight into these matters when citizens bring their requests to the Department and ask for investigations. I do know in my experiences, much like Councilman Shyne’s that when citizens have asked me to follow up on a matter, that I have been told that an investigation is ongoing, but that they do not have the ability to convey back the information to me. So, I know its frustrating, because when you tell a citizen that, they say, "wait a minute, you’re the elected official."

Councilman Shyne: But they do. We have, that’s just like in Congress. They have committees that investigate the Administration or whatever. We have that same power. We used to do that and we could find out what’s going on and sometimes, it takes a lot of what we’re doing now, it takes a lot of talking, it takes a lot of discussing, it takes a lot of hashing things out in order to get to the bottom line, sometimes, you can’t go just right to the bottom line. It takes this.

I appreciate you all coming down and any time you want to come down and give some verbiage or whatever you want to call it, feel free to do it. This is what we’re all about. This is what we’re here for. If we have to stay here till 9 or 10 o’clock. We serve at the pleasure of the citizens of this community; so, you all should come down.

And when they go take their seats Mr. Chairman, I would ask you to ask the City Attorney to come up and if he doesn’t have the information at this fingertips, we’d ask him to go back and research and bring it back and if we need to discuss it further, lets do it. Lets find out, because I know that we have done this in the past. Ladies, again, thank you all for coming down. We serve at your pleasure.

Chairman Carmody: Mr. Mayor, I’m not sure that Mr. Lafitte is prepared to come forward and give us any direction on this, but if he is not, if we could ask him to please communicate back to the Council Members. Thank you very much, Sir. At this time, if we could move back into the regular Council Agenda.

Public Hearings: (1) Approving a Restoration Tax Abatement application for 601 Spring St., (Ark-La-Tex Antique & Classic Vehicle Enterprise, LLC).

The Chairman declared the hearing opened and called for a Presentation (Mayor Hightower: The Administration does not have one). The Chairman called for persons to speak in favor of the application.

Mrs. Francine Miller (2014 River Road): I would just like to say that I would appreciate your approval of this request in that, its been an incentive for me to help renovate the building at 601 Spring Street. And I think that this is just one of the incentives that anyone who restores a historic building is glad to see is most helpful; so, I’d appreciate your consideration.

The Chairman called for any other persons to speak in favor of the application. No one came forward to be heard and there was a call for persons to speak in opposition to the application.

Councilman Huckaby: I would like the Council to approve this also. This is in my district and I think we need to get as many businesses downtown as we can.

Councilman Spigener: I along with Mrs. Huckaby would like to see all of us support this. I’m sure most of you have been or all of you have been to the Antique and Classic Car Museum. It’s a very wonderful addition to our City. I think its something, that we do need to support for and I think its just an additional thing that tourists that come into our City can enjoy. So, I think she’s done a wonderful job there, she and her husband and all of the volunteer help that they’ve got and I’m certainly in support of this.

There being no other persons to speak in favor or opposition, and the Chairman declared the hearing closed.

(2) Annexation: Tag No. 01-03: Land located along the Southern Loop and Norris Ferry Rds. The Chairman declared the hearing opened and called for a Presentation.

Mayor Hightower: As you know there’s an extensive amount of work going on and growth out on the Southern Loop area. And the bond issue that was passed this past month will give us some additional opportunities to extend that property and hopefully eventually connect into I-49

and as a practical matter, we would like to be sure that we have as much of that property inside the City limits as we can before construction begins so that we as a City realize the tax revenues so that’s part of what we’re asking for at this public hearing for at this time. Mike Strong, did you have anything that you needed to add to that Mike?

Mr. Strong: To give the description. This is the property that we are speaking about, this is Tag No. 01-03. Which concerns adding approximately 15 acres of land into our City limits, in the area of town located at the southwest intersection of Southern Loop Road and Norris Ferry Road. The developers, Mr. Randy Mason and Mr. Steve Simon have recently acquired this acreage and has proposed the Norris Ferry Crossing Subdivision unit. This land is to be so divided into a first unit of 64 lots of which will be 62 will be single family detached. He also has a option on an additional 70 acres in the area. The developer/owner will be putting in all the streets and utilities at their cost (that concludes it.)

The Chairman called for persons to speak in favor of the annexation. No one came forward to be heard.

The Chairman called for persons to speak in opposition to the annexation.

Councilman Burrell: Mr. Chairman I am not, I am sort of in between decisions, but I am very supportive of any annexation that the City has, including this but I am very, very troubled on selective annexations.

As you recall and as this Council recalls, we had a situation in west Shreveport which adjoins my Council district and I have been a very big promoter of development within our inner City as well as the western part of Shreveport. And, we had annexation issue that came up to annex property in the western portion of Shreveport and this Council chose to deny that annexation which was the first time in, I know before I got on the Council and I asked Mr. Thompson who has been here for some time, if he remembered that we denied annexation because we have been aggressively annexing property over the years. And this particular property that we were looking at in the western portion of Shreveport was denied and I thought that it was very unusual that we would deny the annexation of property in west Shreveport and we’ve been very aggressive in annexing property in other parts of Shreveport.

In order not to be mistaken in anything that I say, I went on and prepared a little statement, I had a statement prepared dealing with this issue, because it is very, very disturbing to me under the circumstances that if we are talking about annexation and brining in additional tax dollars that we would selectively annex property and not give all of the citizens due to develop Shreveport in any segment of Shreveport, so I am going to read this statement so I won’t be taken out of context having to do with the annexation. It ties into what we are doing here today, because as I told you, I had mixed feelings about it, but because we do have an aggressive annexation policy in Shreveport, I am going to support this annexation.

I voted against Ordinance 21 which was the property that was annexed along Southern Loop and Norris Ferris Road in Councilman Serio’s district earlier. The last annexation ordinance adopted by the Council was this Ordinance No. 21 of 2001. I have also sent a letter and I think the other Council members as well as the Mayor and some of the departments received that letter because I was very disturbed about the selective annexation and what parts of town that these annexations are either supported or not supported.

I sent a letter of request to the Justice Department requesting the Attorney General to deny the pre-clearance of that annexation under Ordinance 21 of 2001 and to take the appropriate steps to force the repeal of that ordinance.

I took those actions because this Council denied the application which was under Ordinance No. 16 of 2001 of an African-American developer to annex property for a mixed residential development in that area. This Council denied that ordinance, Ordinance No. 16 of 2001, at that meeting before Ordinance No. 21 of 2001 was adopted which was along the Southern Loop and Norris Ferris Road.

I took these actions because the defeat of Ordinance No. 16 violated the City’s long standing, aggressive annexation policy because the effect of that denial has a very potential of the diluting the voting strength of African Americans in this City.

I will continue to push for the repeal of Ordinance No. 21 of 2001 and for the de-annexation of that land as a counterbalance for the defeat of Ordinance No. 16 of 2001. I don’t think that this is nothing new because at the time that was done, I tried to explain to this Council that we are setting a new precedence when we do selection annexations within this City.

However, I am firm believer in the City’s aggressive annexation policy at this time. We need to, as a City of Shreveport, look seriously at the re-development of our core of our City and as you know, I have been pushing for the redevelopment of the core area of our City although many of the annexations are for the development further out of this City and it really strains our budget, but that’s fine as long as we are bringing in tax dollars that we can put into our coffers. We need to continue to annex property until we make the core of our City an attractive place in which to live because some of those dollars can also be used in our inner core.

Therefore, at this time I will vote for the annexation, Ordinance No. 112 which is the one that we are facing there today and will continue to support our annexation policy unless this Council interrupts that policy again in the near future at the detriment of our African American community.

As I said again, Mr. Chairman, as I did before, my concern is fairness. I can’t change who I am, I wouldn’t want to change who I am, but I do have a responsibility to all of our citizens because I have a mixed district and a very supportive mixed district and we deal with things on the basis of fairness and I don’t think this is fair at that time to do selective annexation.

So, If it comes out as a result of this investigation, that is if it is investigated by the Justice Department, that everything is fine then I can live with that, but it is my responsibility as a representative of this City and not just of my district, but of the City of Shreveport to look into those things that I don’t think that are fair to all of those citizens and this is reason why I have requested the assistance from the Justice Department.

Councilman Shyne: Mr. Burrell, if, you made some important points and I would support you at this particular point, when we get to that point, if you wanted to move and postpone this annexation, unless there is a life or death situation. If, there are some points that you brought out that you feel like should be cleared up in the investigation, I would support you for a postponement if you feel that strong about it.

Councilman Burrell: My position is, is that we should continue a strong annexation policy. Sometimes we have situations that we deviate from, and we seem to set a different policy. . .not support selective annexation.

Now, I feel that if we can get an investigation of this matter and if it is found that it should not have been done, then it may wind up making the other annexations null and void until we can go as a Council and not use our majority status to vote in or vote out certain things based upon selective measures, that is my whole concern is that again, that it is fair and I am hoping that during the investigation that, that will be brought out; that is my whole issue. No, I do support and I will support it today, so I have no need to postpone it, in my opinion.

There were no other persons to speak in favor, the Chairman called for persons to speak in opposition.

Mr. James Pannell (3835 Eileen Lane, President of the Shreveport NAACP): I am speaking out in opposition to the annexation only because of the issues that Mr. Burrell brings up. The fact that the annexation was denied, and we feel that that was wrong to deny that annexation. We get letters from the Justice Department and I have been in contact with the Justice Department and the Justice Department at this point has told us that that looks very strange to them also and they will continuously look into it. But one of the things that we do get on a weekly basis, is requests for annexation from the Justice Department and I have been told that Shreveport annexations are suppose to get pre-clearance from the Justice Department. And my question, I would question whether that have this pre-clearance because I get reports every week and unless I overlooked that, I have not seen where this has been pre-cleared and that’s my other question.

Councilman Burrell: I can answer that, it has not been pre-cleared. There has only been a letter sent asking for pre-clearance and at that stage I felt compelled to send one and ask them to look into this–well not this particular ordinance here, but Ordinance No. 21 which was actually denied and it was brought back and reconsidered and re-voted upon and passed.

Mr. Pannell: Mr. Burrell, I would request that if you would give me the information as to what that request for, the annexation as it stands, I don’t even know where the annexation is, but I would like to oppose any annexations until there is no selective annexations in the future.

Councilman Carmody: Mr. Antee, is that correct that the City of Shreveport, the municipality, is to request to the Justice Department prior to any annexation, their blessings prior to us considering it. Do you know of that?

Mr. Antee: I know that prior to actually being able to do the annexation, we’ve got to go through the pre-clearance process. Exactly when we do that and at what stage, I’m not sure but I think Mr. Kirkland could probably comment on that.

Mr. Kirkland: Essentially, it has been my understanding over the years dealing with annexation matters that if there is no one living there, you are not going to upset any balance of powers and accordingly, these are vacant tracts. That one you referenced, Mr. Burrell, was also a vacant undeveloped tracts. So, usually, the Justice Department clearance to my knowledge, is sort of an expectation since there is no one living there. It has to get clearance at some point.

Councilman Shyne: Since Councilman Burrell say I been on the Council forever, but I have been here a long time and Charles, you are exactly right. I mean, Mike I have got a question for you before you go and sit down. If it is not a balance of power. Mike, let say suppose we would postpone this, I mean, is it any reason that is there an urgency that we would go ahead on and pass this today?

Mr. Strong: There is nothing to me or the Department. I have not spoke with any of the developers on it, but as far as I can see our Department does not have any urgency on it.

Councilman Shyne: If there is no urgency, for the sake of Councilman Burrell and Mr. James Pannell who is President of the NAACP, I would ask this distinguished body, when we get to that point that we would postpone this annexation and it would give us an opportunity to look more in depth because we don’t want to be labeled being unfair in any cases, so when we get to that point, I would appreciate it if you would all would support postponement of this annexation.

Mr. Pannell: My only comment Mr. Carmody is that on the surface, it appears that’s not a problem when you are annexing areas that no one lives in. But then you annex all of these areas and then you start building all of these subdivisions, you have circumvented the process, that is the purpose of the process. Then, you go in and you start building houses and whatever else then that does change the voting pattern. And I am saying at this point if that has been done over a period of time, and this is the process that ya’ll are using, then we may have another reason to look at possible filing some type of action if this is the way ya’ll are going about doing it.

Councilman Shyne: I would ask us to postpone. I would hope that if, and Pat you are in real estate, I would hope that if there are some houses built out there, that the Fair Housing Act would be adhered to where, anybody who had the money could buy a house out there.

Councilman Spigener: Councilman Shyne, I don’t know of a realtor or a builder or anyone in this City, that does not respect greatly the Fair Housing laws and does everything they can to adhere to that. If you have the money, you can do whatever you want to do.

Councilman Shyne: Well, I am glad to hear that.

Councilman Spigener: Well, maybe I didn’t state that quite . . . the money does help.

Councilman Shyne: But, I would when we get to that point, I would ask this Council if we would postpone this annexation at this particular time.

The Chairman called for any other persons to speak in opposition to this annexation. No one else came forward to be heard and the hearing was closed.

CONFIRMATIONS AND/OR APPOINTMENTS: None.

CONSENT AGENDA LEGISLATION

INTRODUCTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:

Motion by Councilman Burrell, seconded by Councilman Spigener for the Ordinance on the Consent Agenda to lay over until the August 28, 2001 meeting. Motion approved by the following vote: Ayes: Councilmen Pearl Huckaby, Stewart, Carmody, Spigener, Shyne, and Burrell. 6. Absent: Councilman Serio. 1.

RESOLUTIONS: None.

ORDINANCES:

1. Ordinance No. 121 of 2001: An ordinance closing and abandoning a portion of East Stephenson Street running between Wheeless and Alexander Avenues, and to otherwise provide with respect thereto.

ADOPTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:

Motion by Councilman Shyne, seconded by Councilman Huckaby for Adoption of the Resolution on the Consent Agenda. Motion approved by the following vote: Ayes: Councilmen Pearl Huckaby, Stewart, Carmody, Spigener, Shyne, and Burrell. 6. Absent: Councilman Serio. 1.

RESOLUTION:

RESOLUTION NO. 100 OF 2001

A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE GRANT DOCUMENTS WITH THE UNITED STATES BUREAU OF JUSTICE ASSISTANCE, AND OTHERWISE PROVIDE WITH RESPECT THERETO

WHEREAS, the United States Bureau of Justice Assistance has authorized the City of Shreveport Police Department to apply for grant funds and accept under the Local Law Enforcement Block Grant Program; and

WHEREAS, the award, if approved will be for a total of $331,611.00 and the City of Shreveport will be responsible for the Cash Match of $36,846.00. The total amount will be $368,457.00 to be used over a two year period to purchase equipment; and

WHEREAS, the City of Shreveport shall make application to receive an award as part of a national program to combat violent crime and to expand community policing. The funds received by the Shreveport Police Department will be used to purchase police vehicles and the necessary equipment to make these vehicles street ready.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, in due, regular and legal session convened, that it does hereby authorize the execution by Keith P. Hightower, Mayor, those grant documents necessary to apply and receive funding established within the program administered by the United States Department of Justice.

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.

ORDINANCES: None.

REGULAR AGENDA LEGISLATION:

RESOLUTION NO. 96 OF 2001

RESOLUTION STATING THE CITY OF SHREVEPORT'S ENDORSEMENT OF ARK-LA-TEX ANTIQUE & CLASSIC VEHICLE ENTERPRISE, LLC TO PARTICIPATE IN THE BENEFITS OF THE LOUISIANA RESTORATION TAX ABATEMENT PROGRAM AND TO OTHERWISE PROVIDE WITH RESPECT THERETO

WHEREAS, the Restoration Tax Abatement has been created by the Electors of the State of Louisiana as an Act 445 of 1983, and amended in Act 783 of 1984, Article VII, Part II, Section 21(H) of the Louisiana Constitution and Louisiana R.S. 47:4311-4319, to authorize the Board of Commerce and Industry, with the approval of the Governor and the local governing authority and in accordance with procedures and conditions provided by law, to enter into a contract granting property owners who propose the expansion, restoration, improvement or development of an existing structure or structures in a downtown development district, historic district, or economic development district, established in accordance with law, the right to pay ad valorem taxes based upon the assessed valuation of the property prior to the commencement of the expansion, restoration, improvement or development; and

WHEREAS, the City of Shreveport desires to promote economic activity, create and retain job opportunities, and improve the tax base throughout the City for the benefit of all citizens; and

WHEREAS, it is the desire of the City Council to foster the continued growth and development (and redevelopment) of the City to the continued prosperity and welfare of the City; and

WHEREAS, this project is located in a Downtown Development District; and

WHEREAS, this project is a commercial property;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, regular, and legal session convened that the City Council hereby approves the ARK-LA-TEX ANTIQUE & CLASSIC VEHICLE ENTERPRISE, LLC application 2000-0071-19 for participation in the Louisiana Restoration Tax Abatement Program.

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

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

Read by title and as read motion by Councilman Carmody, seconded by Councilman Huckaby passed by the following vote: Ayes: Councilmen Pearl Huckaby, Stewart, Carmody, Spigener, Shyne, and Burrell. 6. Absent: Councilman Serio. 1.

RESOLUTION NO. 101 OF 2001

A RESOLUTION AUTHORIZING A CONTRACT BETWEEN THE CITY OF SHREVEPORT AND RED RIVER ROAD RUNNERS, INC., AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

WHEREAS, the Red River Road Runners annually sponsor the Red River Road Race in the City of Shreveport; and

WHEREAS, the City of Shreveport has been a co-sponsor of this event; and

WHEREAS, this year’s event will be held on November 3, 2001; and

WHEREAS, the race provide a benefit to the public as it provides wholesome recreational activity for all citizens of the City of Shreveport and surrounding areas; and

WHEREAS, the City’s continued co-sponsorship of this event will enable the Red River Road Runners to continue to provide this wholesome event to the citizens of this city.

NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Shreveport, in due, regular, and legal session convened that the Mayor is authorized to execute a contract with the Red River Road Runners, Inc., for the Riverside Road Race on November 3, 2001, substantially in accordance with the draft thereof which was filed for public inspection with the original of this resolution in the Office of the Clerk of Council on July 24, 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 applications and to this end the provisions of this resolution are hereby declared severable.

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

Read by title and as read motion by Councilman Spigener, seconded by Councilman Huckaby passed by the following vote: Ayes: Councilmen Pearl Huckaby, Stewart, Carmody, Spigener, Shyne, and Burrell. 6. Absent: Councilman Serio. 1.

INTRODUCTION OF RESOLUTION:

1. Resolution No. 105 of 2001: A resolution authorizing the City of Shreveport to enter into a contract agreement with St. Paul United Methodist Church and otherwise providing with respect thereto.

Read by title and as read motion by Councilman Huckaby, seconded by Councilman Burrell for Introduction of the Resolution to lay over until the August 28, 2001 meeting.

Councilman Carmody: I do know that this is a matter that the Church has worked long and hard for and it is good that the City has worked to try and resolve this particular problem.

Councilman Huckaby: My late husband, would be thrilled to see this happen because we worshiped at that Church during the time where it was flooded, the whole entire basement was flooded so I know that he is smiling down from heaven.

Councilman Burrell: I also echo Councilwoman Huckaby’s feelings even before Huckaby came back on the Council, we had that massive flood there and the Pastor there was seeking any type of relieve for that area. When the water came through there it was up at least about four or five feet within the bottom floor of that facility. And it appears that part of that water was due to the drain from the I-49 construction and beyond the point where it stopped, the drainage was not adequately built further out into the community because it drained through the community and it had caused massive problems and damage to this facility. So, thank goodness we are getting something done, Councilwoman Huckaby on this; so, it is going to be a big relief to the people who are in there.

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

INTRODUCTION OF ORDINANCES:

1. Ordinance No. 122 of 2001: An ordinance amending the 2001 Capital Improvements Budget and otherwise providing with respect thereto.

2. Ordinance No. 123 of 2001: An ordinance amending the 2001 budget for the Police Grants Special Revenue Fund and otherwise providing with respect thereto.

3. Ordinance No. 124 of 2001: An ordinance amending the 2001 budget for the Riverfront Development Special Revenue Fund and otherwise providing with respect thereto.

4. Ordinance No. 125 of 2001: An ordinance levying various taxes totaling twenty and seventy-six one hundredths (20 and 76/100ths) mills per dollar on all property subject to ad valorem taxation within the City of Shreveport for the Year 2001 in the amounts and for the purposes described herein, and otherwise providing with respect thereto.

5. Ordinance No. 126 of 2001: An ordinance levying a tax of thirty and fifty-four one hundredths (30 and 54/100ths) mills per dollar on all property subject to ad valorem taxation within the City of Shreveport for the Year 2001 for the purpose of paying principal and interest on the outstanding General Obligation Bonds of the City of Shreveport, and otherwise providing with respect thereto.

6. Ordinance No. 127 of 2001: An ordinance levying a tax of seven and ninety-nine one hundredths (7 and 99/100ths) mills per dollar on all property subject to ad valorem taxation within the bounds of the Downtown Development District of the City of Shreveport as defined by Act 554 of 1978, as amended, for the purposes as set forth herein, and otherwise providing with respect thereto.

Read by title and as read motion by Councilman Shyne, seconded by Councilman Spigener for Introduction of the Ordinances to lay over until the August 28, 2001 meeting.

Councilman Carmody: As I appreciate it, 125, 126 and 127 are actually renewals of existing taxes. Is that not correct, Mr. Antee? Mr. Antee: That is correct.

Councilman Carmody: So, there is no increase on those.

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

ORDINANCES ON SECOND READING AND FINAL PASSAGE:

1. Ordinance No. 110 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 Claiborne, 275 feet east of Hearne Avenue, Shreveport, Caddo Parish, Louisiana, from R-2, Suburban, Multi-family Residence District to B-3, Community Business District and to otherwise provide with respect thereto.

Having passed first reading on July 10, 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 Huckaby to postpone the ordinance until the August 28, 2001 meeting.

Councilman Stewart: The purpose for the delay I believe needs a brief explanation because I’d indicated at the prior meeting that I would be ready for recommendation. I had not yet spoken directly with the representative concerning the construction requirements for fencing which will have to be a condition of this and I had spoken with Mr. Kirkland today about the various alternatives and I talked a little bit. We’ll have an opportunity to speak with the representatives and have a specific recommendation with ya’lls approval at the next Council meeting.

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

2. Ordinance No. 112 of 2001: An ordinance to enlarge the limits and boundaries of the City of Shreveport – A tract of land located along the Southern Loop and Norris Ferry Roads in the SE/4 of Section 20 and in the NE/4 of Section 29 (T16N-R13W), Caddo Parish, Louisiana and providing with respect thereto.

Councilman Burrell: Since Councilman Serio is not here and in all due respect to him, our normal policy a lot of times to postpone in case he has comments and I want to bear that out, just due to respect for Councilman Serio; so, request for postponement.

Having passed first reading on July 24, 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 Shyne to postpone the ordinance until the August 28, 2001 meeting.

Councilman Shyne: I appreciate what he said about Councilman Serio not being here, but even if he was here, I still would ask for postponement of this so we could look into it and since it is not a life or death situation and it is not something that we need to pass right now, so I appreciate you all, I would like to ask you before, I appreciate you all voting in order to postpone this to give us an opportunity to look into this because we don’t want to project the image that we are unfair.

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

3. Ordinance No. 113 of 2001: An ordinance authorizing the developer and residents of Wrenwood Subdivision to remove the connection of Wrenwood Boulevard to Flournoy Lucas Road and constructing a cul-de-sac at the southerly end of Wrenwood Boulevard, and otherwise providing with respect thereto.

Having passed first reading on July 24, 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 Councilman Burrell for adoption.

Councilman Burrell: This particular subdivision, I’m a bit familiar with it, I think I put part of the telephone cable in it when I was an engineer with the phone company, is this the subdivision that there is some question about being gated or not gated or is that another?

Councilman Carmody: This is the subdivision that lies on the west side of I-49 and behind the East Ridge Business Plaza, that the new shopping center, yes, sir. I believe at present there are gates at the both the north and the south end and the owners in the subdivision have asked that the City allow the south end to be closed, that they are going to cul-de-sac that in, at their expense.

Councilman Burrell: It will still be gated?

Councilman Carmody: I know for a fact that there is a gate on the north end and maybe if Mr. Kirkland could assist us, I believe.

Mr. Antee: That is the subdivision that you are thinking about Councilman Burrell.

Councilman Burrell: I know that there has been recently some sort of legal question on whether or not we can gate certain thoroughfares that are considered public versus private, so by providing a cul-de-sac, would that automatically make it private although we. . . ?

Mr. Antee: That wouldn’t have any effect on the pending lawsuit. The original lawsuit was thrown out and now there has been a subsequent suit, but that would not have any effect on, by making that a cul-de-sac, totally unrelated issue.

Councilman Burrell: And the reason I am asking because I am very interested in gated communities because I have done some research on them and how they have curbed crime in many of our inner city areas, to the extent some time 35 to 60% which I am real supportive of that. But if we have people who are challenging it, I guess I would like to know because are doing a lot of inner city redevelopment right now and it would behoove us to look into it before we start talking about gates and no gates, cul-de-sacs, no cul-de-sacs so that we won’t get into expenses that we don’t need to incur, so that is the reason I was asking, Mr. Chairman; thank you for the information.

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

4. Ordinance No. 114 of 2001: An ordinance amending the 2001 General Fund Budget and otherwise providing with respect thereto.

Having passed first reading on July 24, 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. The Deputy Clerk read the following amendment:

Amend the ordinance as follows:

In Paragraph 2. Appropriations:

Under City Council

Decrease Personal Services by $18,000 and increase Contractual Services by $7,000 and increase Improvements and Equipment by $11,000.

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

Motion by Councilman Burrell, seconded by Councilman Spigener for adoption of ordinance as amended. Motion approved by the following vote: Ayes: Councilmen Pearl Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.

5. Ordinance No. 115 of 2001: An ordinance amending the 2001 Community Development Special Revenue Fund and otherwise providing with respect thereto.

Having passed first reading on July 24, 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. The Deputy Clerk read the following amendment:

Amend the ordinance as follows:

AMEND THE ORDINANCE AS FOLLOWS:

In Section 1 (Estimated Receipts), under Fiscal Year 2001 Revenues:

Appropriate $5,000,000 in Federal Section 108 Grant (Red River Entertainment).

Appropriate $300,000 in Transfer from Riverfront Fund.

In Section 2 (Appropriations), under Prior-Year Funds:

Increase Lot Purchases by $146,000.

Decrease Community Development Corporations (CDC) by $146,000.

Decrease Low Income Housing Tax Credit Development by $100,000.

Increase Homeowner-Occupied Rehab by $100,000.

Decrease Housing Program Income by $375,000.

In Section 2 (Appropriations), under 2001 Revenues:

Under Administration, decrease Personal Services by $5,000 and increase Improvements and Equipment by $5,000.

Under Housing and Business Development/Business Development, appropriate $5,000,000 to Section 108 Loan (Red River Entertainment). Appropriate $300,000 to EDI Loan/Grant Program.

All totals and subtotals are to be adjusted accordingly.

Motion by Councilman Shyne, seconded by Councilman Carmody for adoption of the amendment.

Councilman Burrell: I noticed that we are putting that $5 million dollars, I assume it is the Entertainment District, Mr. Mayor? Can you kind of give us an update on where that project is. As you know, it is kind of a sore spot for me, not so much for the development as it is, for how it came about and want to try to get an idea of where these people are in terms of spending that $5 million dollars for that development down there. Mayor Hightower: We are still a ways away from that. We do to however, appropriate the money so that we can issue it to them provided they meet specifications that we laid out that they have to meet. Good news is, they have started construction so the Hollywood space itself is underway so we do look forward for the project to move along and happen, however they have not met the 90% requirement on leaseholds yet, so we are not read to let the money go until, again they do the things that we’ve asked them to do. So, they still have ways to go but at least construction is under way, so actually we look forward to spending the money and we agreed to do it and that is what we want to do, we want the project to move forward but we are just not at that stage yet.

Councilman Burrell: But the money that is spent, you said is the Hollywood development, that is the Hollywood money, it is not the City money or is that City money?

Mayor Hightower: No this is a part of the total $15 million dollars ($10 of theirs’, $5 of ours). They are currently spending their own money, but as the project moves and they get to the 90% lease rate. . . Councilman Burrell: Then we kick our’s in. Mayor Hightower: Right.

Councilman Burrell: I just wanted to know whether we are spending any of our money at this juncture and they haven’t met their obligations yet.

Councilman Carmody: Just to clarify, the Hollywood development is part of their lease agreement with the City of Shreveport, is it not for the casino? So that part is what is being spent. The money that we approving here is for the City to have the ability to convey to the developers once they produce 90% of the sign leases back to the City, verifying that they have got their tenants? Mayor Hightower: Correct.

Councilman Burrell: Do you happen to know, at what point are they: 50%, 60%, 10%? Mayor Hightower: I guess we could calculate that several ways, but if you look at square footage, they have probably 60, 65, 70 percent maybe. It is not close enough.

Councilman Burrell: Well good. I will be looking at you to hold the line there, Mr. Mayor.

Councilman Shyne: I have been told that this $5 million dollars will be locked up and Ken Antee will be walking around with the key in pocket, so, we don’t have to worry about the money being spent, right, Ken? Mr. Antee: As long as it is just the key.

Councilman Carmody: I thought Mr. Dark, kept all of the keys? Mr. Dark: Not that one.

Councilman Shyne: I am told that Archie Hall was suppose to have been a part of that deal. Councilman Carmody: Archie, doesn’t touch the keys.

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

Motion by Councilman Shyne, seconded by Councilman Huckaby for adoption of ordinance as amended. Motion approved by the following vote: Ayes: Councilmen Pearl Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.

6. Ordinance No. 116 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 Lake Bethlehem Street and Willis Street, Shreveport, Caddo Parish, Louisiana, from R-1H, Urban, One-Family Residence District to R-3, Urban, Multi-Family Residence District, and to otherwise provide with respect thereto.

Having passed first reading on July 24, 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 Burrell for adoption.

Councilman Huckaby: This church, Lake Bethlehem is pastored by Reverend Dennis Everett and I thought he would have been here today. But I was visiting the MLK area and I noticed there are no facilities up there for the elderly and this is truly needed so I am happy to see it passed.

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

7. Ordinance No. 117 of 2001: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the NW corner of Texas Avenue and Cedar Street, Shreveport, Caddo Parish, Louisiana, from B-3, Community Business District to I-1, Light Industry District, and to otherwise provide with respect thereto.

Councilman Huckaby: I’d like to overturn the vote of the MPC with one stipulation. This is the case where the pallets are left outside at night. They have agreed that they will put up an 8 foot solid wood fence to ordinance standards. They would also clear the parking area at night so that there would not be an eyesore and they will store all of the other pallets inside the building or in the rear and if they would do that, then I would approve.

Mr. Thompson: Mrs. Glass is not here, but I believe that we need to treat the stipulations as an amendment to the ordinance and then vote on the amendment. I believe there was some discussion about that.

Councilman Carmody: Then as I appreciate it, Mrs. Huckaby has made a motion to support the amendment and I have a second from Mr. Burrell.

Having passed first reading on July 24, 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 Burrell for adoption. The Council considered the following amendment:

1. Development of the property shall be in accordance with a revised site plan dated 8-14-01, and approved by the Planning Director. Any future changes or additions shall require further review and approval by the Planning Commission.

Motion by Councilman Huckaby, seconded by Councilman Burrell for adoption of the amendment.

Councilman Burrell: I would like to tell Councilwoman Huckaby she did a great job because let me tell you, those pallet companies, I have respect for any business but they can really get out of hand and it looks horrible and you just need to put some of them in check. I had one and God knows, it took a long time to try to get them shut down really, to be honest with you. They were really in violation and that is not all of them, some times based on the business so it good that you put some stipulation on that.

Councilman Carmody: From the Chair, having worked in the west end for almost 10 years, I would certainly say that there has been a lot of pro-active measures to make the area nicer and I think that your amendment is certainly appropriate.

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

Motion by Councilman Huckaby, seconded by Councilman Burrell for adoption of the ordinance as amended. Motion approved by the following vote: Ayes: Councilmen Pearl Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.

8. Ordinance No. 118 of 2001: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the north side of East College Street, 300 feet west of Youree Drive, Shreveport, Caddo Parish, Louisiana, from R-1H, Urban, One-Family Residence District to R-1H-E, Urban, One-Family Residence/Extended use District limited to "an automotive paint and repair shop as applied for" only and to otherwise provide with respect thereto.

Having passed first reading on July 24, 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 Spigener for adoption.

Councilman Stewart: We have an automotive paint and repair shop associated with the neighborhood. Mr. Kirkland has assured me that there is not objection of any measure and therefore, I would request ya’lls support and approve it.

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

9. Ordinance No. 119 of 2001: An ordinance to amend certain provisions of Section 10-182 of the City of Shreveport Code of Ordinances relative to alcoholic beverages and to otherwise provide with respect thereto.

Having passed first reading on July 24, 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 for adoption.

Councilman Carmody: I apologize in that I was out of town and came in late yesterday to the meeting, but in reading through my book, I would like an explanation of this particular amendment. I am trying to run through, quickly, the background information. This amendment would limit the number of applications for Sunday private parties to four per business owner in a calendar year. Further, require the submission of an alphabetized guest list. Is this basically for private parties? Police Officer: Right, it is on Sundays for businesses. It is actually a business that has a liquor license. What happens is they apply, have a private party on Sunday. We been getting a lot of complaints from the other business owners, it has really been abused. I mean it has truly been abused, that is why we looked at changing this because some of the businesses were bringing applications every week, the same guest list every week, the same host every week, and there is an intended purpose for that ordinance to control that and it was just really being abused.

Councilman Carmody: To limit those businesses to four applications in a 12 month period? Police Officer: Yes, sir.

Councilman Carmody: Thank you for that explanation, I appreciate it.

Councilman Burrell: Now, I realize what’s happening. I was wondering why this particular place was being rented out this, sort of a business place and they may as well be open for business because every weekend, they have a—they call it a party, but I call it just open for business. There is a business clientele that is actually in a neighborhood so maybe, that’s what we are talking about here?

Police Officer: What we are trying to do is not stop them from actually holding a parties. We are trying to limit them for the intended purpose and that is for a private purpose on Sunday where the business owners build up give the citizens that opportunity to rent that business out for that day.

Councilman Burrell: But are these particular private parties, they can charge?

Police Officer: The business is open, there is a guest list and only those persons can go to that business and the business is actually open for business for those persons on the guest list, so they can charge, they are just open for business as normal except they are limited to the persons that can be there.

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

10. Ordinance No. 120 of 2001: An ordinance authorizing the Mayor to execute an Exchange Deed and an Agreement with Provident Realty Advisors, Inc. and Albertson’s Inc. for the exchange of certain city owned property located at the northeast corner of Kings Highway and Southern Avenue (Thomas Field) and otherwise providing with respect thereto.

Having passed first reading on July 24, 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 Shyne for adoption.

Councilman Stewart: I would like to make an observation. Mr. Nickels is here today and we are glad to have you with us Mr. Nickels and I would that you would vote in support of this, as members of this Council. On a more specific note, this begins an exchange of properties which has effectively by virtue of acquisition of all the properties on the west side of Barrett Street, removed approximately 11 residences that were in bad dis-repair and create a continual problem in terms of illegal activities and I compliment them again for their willingness to embrace this and ask for your support.

Councilman Burrell: Councilman Stewart, is this anywhere close to the proposed Albertson’s development, in that area?

Councilman Stewart: That’s what it is for. We are swapping with Albertson’s here, sir.

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

The adopted Ordinances as amended, follow:

ORDINANCE NO. 113 OF 2001

AN ORDINANCE AUTHORIZING THE DEVELOPER AND RESIDENTS OF WRENWOOD SUBDIVISION TO REMOVE THE CONNECTION OF WRENWOOD BOULEVARD TO FLOURNOY LUCAS ROAD AND CONSTRUCTING A CUL-DE-SAC AT THE SOUTHERLY END OF WRENWOOD BOULEVARD, AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, the Department of Operational Services has received a petition to removed the tie-in of Wrenwood Boulevard to Flournoy Lucas Road, and

WHEREAS, the property owners and developer agree to bear all cost associated with the required work to make the require adjustments, and

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport, in due, regular and legal session convened that the developer and residents of Wrenwood subdivision are authorized to remove the connection of Wrenwood Boulevard to Flournoy Lucas Road and constructing a Cul-de-Sac at the southerly end of Wrenwood Boulevard

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. 114 OF 2001

AN ORDINANCE AMENDING THE 2001 GENERAL FUND BUDGET 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 General Fund budget, to increase funding for fuel and utility costs 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. 174 of 2000, the 2001 General Fund budget, is hereby amended as follows:

In Section 1 (Estimated Receipts):

Increase Taxes and Special Assessments by $393,000.

Increase Miscellaneous by $23,000.

Increase Licenses and Permits by $75,000.

Increase Prior-Year Fund Balance by $206,000.

In Section 2 (Appropriations):

In Public Assembly and Recreation, increase Materials and Supplies by $20,000 and Contractual Services by $150,000.

In General Government, increase Transfer to Community Development Fund by $206,000.

In Police, increase Materials and Supplies by $38,000 and Improvements and Equipment by $23,000.

In Fire, increase Materials and Supplies by $60,000.

In Operational Services, increase Materials and Supplies by $190,000.

In City Courts, increase Materials and Supplies by $10,000.

Under City Council, decrease Personal Services by $18,000 and increase Contractual Services by $7,000 and increase Improvements and Equipment by $11,000.

BE IT FURTHER ORDAINED that the remainder of Ordinance No. 174 of 2000 shall remain unchanged and in full force and effect.

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

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

ORDINANCE NO. 115 OF 2001

AN ORDINANCE AMENDING THE 2001 BUDGET FOR THE COMMUNITY DEVELOPMENT SPECIAL REVENUE FUND AND OTHERWISE PROVIDING WITH RESPECT THERETO

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

WHEREAS, the City Council finds it necessary to amend the 2001 budget for the Community Development Special Revenue Fund, to provide additional funds for codes enforcement activities and for other purposes.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport, in legal session convened, that Sections 1 and 2 of Ordinance No. 183 of 2000, the 2001 budget for the Community Development Special Revenue Fund, as amended, are hereby further amended as follows:

In Section 1 (Estimated Receipts), under Fiscal Year 2001 Funds, increase Transfer from General Fund by $206,000.

Appropriate $5,000,000 in Federal Section 108 Grant (Red River Entertainment).

Appropriate $300,000 in Transfer from Riverfront Fund.

In Section 2 (Appropriations), under 2001 Revenues, increase Codes Enforcement - Materials and Supplies by $3,000, Codes Enforcement - Contractual Services by $150,000 and Codes Enforcement - Other Charges by $53,000.

In Section 2 (Appropriations), under Prior-Year Funds:

Increase Lot Purchases by $146,000.

Decrease Community Development Corporations (CDC) by $146,000.

Decrease Low Income Housing Tax Credit Development by $100,000.

Increase Homeowner-Occupied Rehab by $100,000.

Decrease Housing Program Income by $375,000.

In Section 2 (Appropriations), under 2001 Revenues:

Under Administration, decrease Personal Services by $5,000 and increase Improvements and Equipment by $5,000.

Under Housing and Business Development/Business Development, appropriate $5,000,000 to Section 108 Loan (Red River Entertainment). Appropriate $300,000 to EDI Loan/Grant Program.

All totals and subtotals are to be adjusted accordingly.

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

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

ORDINANCE NO. 116 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 LAKE BETHLEHEM STREET AND WILLIS STREET, SHREVEPORT, CADDO PARISH, LOUISIANA, FROM R-1H, URBAN, ONE-FAMILY RESIDENCE DISTRICT TO R-3, URBAN, MULTI-FAMILY RESIDENCE DISTRICT AND TO OTHERWISE PROVIDE WITH RESPECT THERETO

SECTION I: BE IT ORDAINED by the City Council of the City of Shreveport, Caddo Parish, Louisiana, in due, legal and regular session convened, that the zoning classification of property located on the SE corner of Lake Bethlehem Street and Willis Street, Shreveport, Caddo Parish, Louisiana, legally described below, be and the same is hereby changed from R-1H, Urban, One-Family Residence District to R-3, Urban, Multi-Family Residence District:

Lots A, B, and C of the Robert Subdivision;

The west 10 feet of the north 150 feet of Lot 338, Jones-Mabry Subdivision, Unit No. 4;

Lot 353 of the Jones-Mabry Subdivision, Unit No. 4, less the east 50 feet of the north 150 feet thereof;

And the south 96.02 feet of the west 50 feet of Lot 352 of the Jones-Mabry Subdivision, Unit No. 4, located in Section 17, T18N, R14W, Caddo Parish, Louisiana.

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

1. In the event that parking becomes a problem and a valid, written complaint is filed with the Office of Zoning Administration, the Zoning Administrator shall have the right to require the applicant to provide additional on-site parking.

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. 117 OF 2001

AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES, THE CITY OF SHREVEPORT ZONING ORDINANCE, BY REZONING PROPERTY LOCATED ON THE NW CORNER OF TEXAS AVENUE AND CEDAR STREET, SHREVEPORT, CADDO PARISH, LOUISIANA, FROM B-3, COMMUNITY BUSINESS DISTRICT TO I-1, LIGHT INDUSTRY DISTRICT, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO

SECTION I: BE IT ORDAINED by the City Council of the City of Shreveport, Caddo Parish, Louisiana, in due, legal and regular session convened, that after having earlier been considered and denied at a public hearing by the Shreveport Metropolitan Planning Commission of Caddo Parish, Louisiana, the zoning classification of Lots 11, 13, 14, and that portion of Lots 15, 16, 17, 18, and 19, lying north and west of Texas Avenue, all in Block 15 of Parkview Subdivision, Shreveport, Caddo Parish, Louisiana, property located on the NW corner of Texas Avenue and Cedar Street, be and the same is hereby changed from B-3, Community Business District to I-1, Light Industry District.

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 accordance with a revised site plan dated 8-14-01, and approved by the Planning Director. Any future changes or additions shall require 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. 118 OF 2001

AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES, THE CITY OF SHREVEPORT ZONING ORDINANCE, BY REZONING PROPERTY LOCATED ON THE NORTH SIDE OF EAST COLLEGE STREET, 300 FEET WEST OF YOUREE DRIVE, SHREVEPORT, CADDO PARISH, LOUISIANA, FROM R-1H, URBAN, ONE-FAMILY RESIDENCE DISTRICT TO R-1H-E, URBAN, ONE-FAMILY RESIDENCE/EXTENDED USE DISTRICT LIMITED TO "AN AUTOMOTIVE PAINT AND REPAIR SHOP AS APPLIED FOR" 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 85 and 86, Bowman Lane Subdivision, property located on the north side of East College Street, 300 feet west of Youree Drive, Shreveport, Caddo Parish, Louisiana, be and the same is hereby changed from R-1H, Urban, One-Family Residence District to R-1H-E, Urban, One-Family Residence/Extended Use District limited to "an automotive paint and repair shop as applied for" 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 a revised site plan showing required parking and landscaping to be submitted to the Zoning Administrator prior to issuance of any permits or Certificate of Occupancy. Any significant changes or additions to the approved site plan shall require further review and approval by the Planning Commission.

2. There shall be no painting of automobiles outside of the structure.

3. Paint booth to be approved by Fire Prevention Department.

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. 119 OF 2001

AN ORDINANCE TO AMEND CERTAIN PROVISIONS OF SECTION 10-182 OF THE CITY OF SHREVEPORT CODE OF ORDINANCES RELATIVE TO ALCOHOLIC BEVERAGES 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 Section 10-182 (b) of the Code of Ordinance of the City of Shreveport is hereby amended and now reads as follows:

Sec. 10-192. Bona fide private parties held on Sundays on the premises of retail dealers of alcoholic beverages.

***

(b) Any retail dealer desiring to open on Sunday between the hours of 12:00 noon and 12:00 midnight and sell, serve, dispense or otherwise dispose of any alcoholic beverages during that time for the purpose of conducting a bona fide private party shall first apply to the chief of police for an alcoholic beverage permit to sell, serve, dispense or otherwise dispose of any alcoholic beverages at a private party on Sunday. Any application for such a permit shall be legibly printed or typed on the application provided by the Shreveport Police Department. The applicant will include an original alphabetized list of the individuals invited to attend the party. The number of invited guests will not exceed the maximum occupancy limits for the establishment. Persons whose name does not appear on the list will not be permitted admittance thereto. The host of the party will be present during the duration of the party hours listed on the application.

BE IT FURTHER ORDAINED that Section 10-182 (c) of the Code of Ordinance of the

City of Shreveport is hereby amended and now reads as follows:

Sec. 10-182. Bona fide private parties held on Sundays on the premises of retail dealers of

alcoholic beverages.

***

(c) A business owner will be allowed to apply for not more than four (4) Sunday

Private Parties in one calender year. All applications for such permits shall be

submitted to the Chief of Police no later than ten days prior to the proposed time

and date for such a private party. Any permit issued pursuant to this section shall

be subject to revocation and suspension for any grounds that a dealer’s basic liquor

permit may be revoked or suspended.

BE IT FURTHER ORDAINED that Section 10-182 (e) of the Code of Ordinance of

the City of Shreveport is hereby amended and now reads as follows:

Sec. 10-182. Bona fide private parties held on Sundays on the premises of retail

dealers of alcoholic beverages.

***

(e) Any permit issued pursuant to this section shall be for one bona fide private party

only. The fee for one such bona fide private party shall be $250.00, which shall

be paid in cash to the city prior to issuance of the permit.

BE IT FURTHER ORDAINED that if any provisions or item of this ordinance of the application thereof is held invalid, such invalidity shall not affect other provisions, items of applications of this ordinance which can be given effect with out the invalid provisions, items, or application 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. 120 OF 2001

AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN EXCHANGE DEED AND AN AGREEMENT WITH PROVIDENT REALTY ADVISORS, INC. AND ALBERTSON’S, INC. FOR THE EXCHANGE 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, provisions of R.S. 33:4712 requiring advertisement for proposals for comparable exchanges have been complied with prior to introduction of this ordinance, as required by that statute; 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 acquire 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 exchange other property adjacent thereto 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 city owned 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 an exchange deed and an agreement with Provident Realty Advisors, Inc. and Albertson’s, Inc., substantially in accordance with the terms and conditions stated herein.

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

1. Property conveyed to Provident Realty shall be used for the purpose of construction and operation of a grocery store and other commercial uses.

3. In lieu of cash payment for the property conveyed to Provident Realty:

a) Provident Realty shall convey to City the property described above, suitable for the relocation of 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. All improvements shall be owned by the City of Shreveport.

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

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 August 14 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: None.

NEW BUSINESS:

1. BAC-61-01, BROADWAY LIQUOR, 4309 Broadway, Special Exception Use and variance in hours of operation in a B-3 District; package liquor store operating to 1 a.m.

Councilman Burrell: I have been in contact or should I say, the owner of this place has been in contact with me again, saying that they were willing to do, pretty much, within reason, some things to improve this property and there is another business that want to buy this business out. I want to try to see if we could set up a meeting where I can get with you and talk about this issue and also, Councilman Shyne has a concern, he has brought to me because this business sit in my district but it is in the gateway to his district.

As I said before, I am not oppose to liquor establishments or businesses along a commerical thoroughfare and Greenwood Road Corridor is an area that we are trying to improve and being chairman of the Greenwood Road Corridor Association, we’ve talked about this business quite a bit. We want to do the right thing but there are some concerns about the children that will be passing this business going to Midway School which is now an elementary after the restructuring by Dr. Schiller. And also to (Joe, help me) Bethune Middle School. So we want to get together and talk about this. Again, I don’t want to take a position of opposition without thinking through it and see if there is something that we can do because if we close it down, it cold be a worse situation than opening it up, sometimes according to, who will go there next. So, again, I would like to get with you on that and then Councilman Shyne want to be in on it, we can toss it.

Councilman Shyne: I don’t know what kind of worse situation, Charles you know I’ve fought for years to try to eliminate some of the liquor stores that we have in Mooretown. We have enough liquor stores in Mooretown to sell liquor to everybody in Shreveport. We need some businesses in Mooretown that is going to improve the quality-of-life and I’m yet to see where liquor stores improve the quality-of-life in a neighborhood. Now maybe it is true, but I have not seen it yet and that’s one of the drawbacks that I hope that we can get away from when we draw that new district lines. I mean the businesses in the new lines that was drawn, it was in Councilman Burrell’s district, it has always been in District F and it is right there at the gateway. And I am not convinced that and I’ve people call me about the particular store who don’t want any more liquor stores in Mooretown. And a matter of fact, you can just count the liquor stores and I’m asking the Council, like I say it is in Councilman Burrell’s district but it actually ought to be in mind. It is more of a problem in mine, than it is in his because it is right on the line and we have got school kids who go by there and then, I mean, this is how you come into the community, you go one block down and you got a liquor store, you go another block down and you got three or four or five liquor stores and you go up Hollywood, you got two or three liquor stores. I mean it is just liquor all over that area and, Council members I am going to be truthful with ya’ll, we need something else besides liquor stores in Mooretown.

I want to see economic–I want to see jobs created, but I don’t want to see jobs created that is going to impact and adverse the community out there. We got enough drinking and clowning and if I can use the expression, acting a fool or whatever it might be, than put something else in that area that is going to add to or enhance what is going on. So, at this particular point, and it doesn’t have nothing to do with the folks who own it or who want to put up a liquor store and I am not against people who want to put up liquor stores, but I don’t think that you need that many concentrated in a neighborhood. We are going to postpone it but I am going to probably come and ask the Council members that, and I fought over the last —well like Roy say, I been here forever, I fought forever to take those things out of our neighborhood that is not going to improve the quality-of-life; I hope I am making a point. We don’t need to have those things in our neighborhood that would not improve the quality-of-life. And I am just, I guess I am a little old fashioned or whatever you might call it, but I have been getting some calls from some constituents who live in my district who actually thought it was in District F, and they trying to figure out, how it is in District G and I try to explain to them, well it was drawn that way. And they say, well how did you let it be drawn that way. I guess they are right, but they don’t really want the liquor store there and I have a tendency to go along with the wishes of my constituents. So, I might ask for you all, to lets just leave it is for a while.

Mr. Kirkland: Do you want me to set up a meeting, Mr. Burrell with you and Councilman Shyne and the present owners and the prospective owners? Councilman Burrell: Hey, I still want to do that. Councilman Shyne: I’ll gladly attend the meeting and listen because some times. . .

Councilman Burrell: My position is that I am going to listen to the business owner as well as resident and then make a decision based upon that. And Councilman Shyne, you are correct, I wish that I could just give it to you, every one that I have, I wish I could give it to you then you can do what you want to do with it, but it just so happen I do want to give a fair hearing for these individuals.

Councilman Shyne: And I am going to be truthful to ya’ll. I listen to the business owners and the residents, but if the business owners don’t live there, I think the residents who live there ought to have more to say about what go on in their neighborhood than some business owner who is going to come there and make some money and go to Timbuktu, I am just using Timbuktu, I mean that is not–I am not trying to be derogatory but I want to make my position clear. I listen more to the residents who live in my neighborhood than I do a business, especially when it comes to, when it is going to be something that is going to impact or have a tendency to disrupt or disturb the neighborhood.

Councilman Burrell: Well, let me make a clarification because I don’t want it to appear that this particular business, is in a residential area. It is not. It is on a business corridor just like Kings Highway, just like many of the other business corridors that we have. Now it is near a neighborhood, but most businesses are, they abut neighborhoods, so this is not sitting in a subdivision or a residential area. You have industrial use that is right next to it, matter of fact I wish, I would trade this for some of the other crap that is along Greenwood Road that we’ve been fighting against for the last two or three years, but at the same time we’ve got to deal with it.

Motion by Councilman Burrell, seconded by Councilman Shyne to postpone the application until the August 28, 2001 meeting.

Councilman Shyne: And also I might come back, just because you got one something bad, I mean, and you got two things bad and you got one thing bad, you are going to say, well if we got that bad lets just go on and leave this bad there, too. I don’t believe in that. If I got a pimple on this side and a pimple on this side, I am not going to say well, just leave both of them there. I am going to try to get one off and maybe later on, I might be able to try to get that one off. And it doesn’t sit right in the middle of a neighborhood, but it does, it is adjacent to a neighborhood, I don’t have to tell you all the problems that liquor stores cause in a residential neighborhood. And like I said, we been fighting for years to try to get rid of some of these liquor stores in the neighborhood and I am not about to stop at this particular point.

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

2. S-27-01, TED & NORMA GATES, Robinson Acres Sub’d., Unit No. 7., to subdivide 51,200 square foot tract into 2 residential lots.

Councilman Spigener: I am going to ask that the members of the Council vote with me in supporting the decision of the MPC. This property lies along Dean Road in Green Terrace. These are large lots, large tracts of land there. In this particular situation, a resident wants to subdivide one of the lots into two residential lots. And I believe that this would change what was intended for that residential area. I don’t think that this would be a good move and I am going to ask that we support the decision of the MPC and deny the application.

Motion by Councilman Spigener to uphold the decision of the MPC (deny), seconded by Councilman Shyne. Motion approved by the following vote: Ayes: Councilmen Pearl Huckaby, Carmody, Spigener, Shyne and Burrell. 5. Nays: None. Out of Chamber: Councilman Stewart. 1. Absent: Councilman Serio. 1.

3. C-34-01, SYLVESTER HARDMAN, 8924 Jewellla Avenue, MPC approval in B-3 District, dance hall.

Councilman Spigener: I’ve heard from the constituents in my district, both the residential and commerical, and everyone that has contacted me is strongly opposed to this operation and many of them are here today and I appreciate you all showing up and letting us know what your feelings are about this business. I have had no one who lives in the district or who has a business in the district to contact me and support this. I do know that we do have several here today that are in support.

I do not see that this could have a positive impact on any of the residential areas around this facility. The mall parking lot that adjoins residential property on two sides and also I can not see that this will have a positive impact on businesses in that area and I am going to ask that, or my recommendation is going to be that we reverse the decision of the MPC and deny this request.

Councilman Carmody: So to clarify, your motion is to? Councilman Spigener: Reverse the decision of the MPC. Councilman Carmody: You are asking for a no vote? Mr. Thompson: A yes vote.

Motion by Councilman Spigener to reverse the decision of the MPC (overturn), seconded by Councilman Huckaby.

Councilman Shyne: Councilwoman Spigener, I appreciate the stand that you’ve taken and I think we have a moral obligation to support our neighborhoods. This is in a, I know your stand and mine is not against having a teen club, I think we need to have some wholesome activities for our young people, but I don’t think it need to be at South Park Mall. If it is anything that I can do in order to work with the owners or the people who want to have a teen club, I mean, I will go above and beyond the call of duty to make sure that we find a place where our teens can go and have some fun. I mean, we started looking at it, Councilman Carmody and Councilman Burrell, for them on Sunday nights. Matter of fact, I kind of single handedly last year, had it for them on Sunday night. I want them to have a place to go and have some fun. I don’t want them to go to South Park Mall because what I want at South Park Mall is for us to get a J. C. Penny’s back, to get a—to get some businesses back. But I agree because I’m saying this to the Administration now and to the Council members, I think we need to do everything in our power to make sure that we revitalize South Park Mall, that we revitalize the area. And I got two teenage boys myself, but I think that sending teens out there to have a club in the mall is going to revitalize it, like it needs to be revitalized; that’s my position. I mean it is not against the teen club, because I think we need to find a place for them to go, Mr. Mayor, but I don’t think South Park Mall is the right place for them to go.

Councilman Carmody: I have a motion and a second asking for no vote to overturn. Councilman Shyne: No, a yes vote to overturn. Councilman Carmody: I am sorry, a yes vote to overturn; thank you for clarifying that.

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

4. BAC-68-01, STARZ, 8924 Jewella Avenue, variance in hours of operation in a B-3 District, arcade and dance hall operating to 2 a.m.

Councilman Spigener: I do appreciate the support on the other issue and I would also ask that you support me in denying this, which would be a yes vote.

Motion by Councilman Spigener to reverse the decision of the MPC (overturn), seconded by Councilman Huckaby. Motion approved by the following vote: Ayes: Councilmen Pearl Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.

Councilman Spigener: Council members, I appreciate your support in this matter.

Councilman Carmody: I certainly want to thank all of those that have shown up and stayed with us today.

5. BAC-69-01 ORELL PROPERTIES, LLC, 2809 Truly Lane, Special Exception Use in a B-2 District, restaurant with on-premise consumption of beer.

Councilman Spigener: Again, I am going to ask that we reverse the decision of the MPC who has voted to allow this facility, this restaurant, with on premises consumption of beer. I don’t know if you are familiar with Truly Lane or not, it is a commerical street however, it backs up to residential property. It adjoins residential property in back. Down the street to the south there is a day care facility and I like Councilman Shyne, just believe that we are allowing alcohol consumption to come too close into our neighborhoods. There are plenty of places on Mansfield Road and even on Southland Park Drive, it is nearer to Mansfield Road, that I feel that this kind of thing could go into. I don’t think we need this into our neighborhood and this is very close, in fact, joining the neighborhoods on the back. I would ask for a yes vote to reverse the ZBA’s (one other was a ZBA matter wasn’t it, yes) decision.

Motion by Councilman Spigener to overturn the decision of the Zoning Board of Appeals, seconded by Councilman Shyne. Motion approved by the following vote: Ayes: Councilmen Pearl Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.

REPORTS FROM OFFICERS, BOARDS, AND COMMITTEES. None.

CLERK’S REPORT: None.

COMMUNICATIONS AND MISCELLANEOUS MATTERS.

The Council resolved itself into Committee of the Whole on motion by Councilman Shyne, seconded by Councilman Spigener. Motion adopted by the following vote: Ayes: Councilmen Pearl Huckaby, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Out of Chamber: Councilman Stewart. 1. Absent: Councilman Serio. 1.

ADJOURNMENT

There being no report from the Committee, the Council meeting adjourned at 5:20 p.m.

/s/Thomas Carmody, Chairman

/s/Arthur G. Thompson, Clerk of Council