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City of Shreveport

  1234 TEXAS AVE.  P.O. BOX 31109  SHREVEPORT, LOUISIANA 71130 
   

COUNCIL PROCEEDINGS OF THE CITY OF SHREVEPORT, LOUISIANA

SEPTEMBER 25, 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 3:07 p.m., Tuesday, September 25, 2001, in the Government Chambers in Government Plaza (505 Travis Street).

Invocation was given by Councilman Roy Burrell.

On Roll Call, the following members were Present: Councilmen Pearl Huckaby (3:20), Stewart, Carmody, Serio (3:35), Spigener, Shyne, and Burrell. 7.

Motion by Councilman Shyne, seconded by Councilman Burrell for approval of the Summary Minutes of the Administrative Conference of September 10, 2001, and the Minutes of the Regular Meeting of September 11, 2001. Motion approved by the following vote: Councilmen Stewart, Carmody, Spigener, Shyne, and Burrell. 5. Absent: Councilman Pearl Huckaby, and Serio. 2.

Awards and Recognitions of Distinguished Guests of the Mayor and the Council Which Are Required By Law: Councilman Carmody: At this point I would like to recognize a distinguished guest in our audience, Bill Hanna. If you would please come forward, I understand you have an issue you like to address the Council and the public regarding.

Mr. Hanna: Thank you very much. I appreciate you giving me the opportunity of talking to you a little bit about the Parish and the problem we have and asking for your support in a campaign that we have undertaken that will cumulate an election on October the 20th . The Parish is by and large in good shape financially. Most of our funds are sufficient and have good fund balances . We have one problem. Through the mandates of the state the Parish must fund our Criminal Justice System which is composed of the District Court, the D.A., the Juvenile Detention Center and Juvenile Court. We also must fund some of the operations of the Sheriff at C.C.C. The Parish has 21 funds. Of those 21, 19 are dedicated and I’m sure you know what that is. For an example, Public Works has a dedicated millage to that operation. We can’t move money from Public Works to Health or to the Criminal Justice System. So, we are trying to undertake a program that will solve our funding by rededicating some funds and some millages that are being paid presently by taxpayers with no increase in taxes. The Commission has taken the position some years ago that they didn’t want to look at an increase in taxes which would, of course, solve our problem. So, they came back and told us to figure out some way we could do this without an increase in taxes. So this is our financial plan which was undertaken and presented to the Commission on April 2nd of this year. We felt first, we needed to get our house in order. And in doing so, implementing in January, through attrition, through a reduction in pay increases, through reducing the number of vehicles we have and take home vehicles, through the month of July, we have saved over $700,000 internally and we’re not through for this year. We can’t save enough to solve our problem. We need over $2 million, so we looked in-house to see where we might could move some funds from one of our dedicated funds to a fund that needed the money more. We’re doing this and proposing this and promising to our citizens that there will be no reduction in the services rendered by any of the funds and departments that are affected by the rededication. Through rededicating some funds from public works and health tax and from the detention facilities fund, we’re going to raise about $1,450,000. That includes a rededication of funds from Bio-Med and the Shreve Memorial Library. We went to both entities, their boards approved our plan, they are supportive of voter approval on October 20th at the polls for eight propositions. There will be three millage renewals and there will be five rededicated funds. This is, I think in line with what we can do to serve the citizens better and take care of no increase in taxes. I have said before to groups we are presenting this issue to, that I see the relationship between the City and Parish and as evidences by Bio-Med and the Library to be a more cooperative effort than I have seen in my lifetime in Shreveport. We’re asking for your support. I think each of you have in front of you one of our flyers that we are distributing and we also want to make sure that the voters understand exactly what they’re voting on so we have given to you an exact copy of the propositions as they will appear on the ballot on October 20th. There are eight, we wished we could have reduced that number and simplified the propositions, but I think as you well know, they must be legally drawn and must cover all the issues and the people must be advised of exactly what they are voting on and we’re trying to disseminate that information in an accurate way. I would appreciate your support, whatever that could be and we’ll be happy to answer any questions that you might have at this time. Thank you very much.

Councilman Carmody: Thank you Mr. Hannah, I appreciate it. The Chair would also like to recognize Mr. Bruce Malone. I’m sorry Butch Malone, the General Manager of Cingular Wireless. He and Andy Taft are here. Mr. Malone is the 2001 General Chairman of the United Way of Northwest Louisiana. I understand they are here honoring the Fire Department. Ask you gentlemen to come forward please.

Mr. Malone: Thank you. To the members of the Council, Mayor, City Officials, Ladies and Gentlemen. As hopefully you all know, we are right now in the middle of our campaign for this year for United Way of Northwest Louisiana. Normally, that would not require a City Council visit. But, one of our early success stories, I think is so important, that we wanted to call it, not only to the Council’s attention, but also to the community’s attention. On September 11th everybody was struck with the horror of what happened in New York City and Washington and Pennsylvania. But there is a September 7th that goes on in Northwest Louisiana virtually everyday from a human standpoint in our own communities. It touches the lives of those who are affected by the United Way Agencies. And so there is a call out every year, every campaign to raise money. This year, our goal is $3.3 million. Andy Taft is the Chair of the Government Industry and he is doing a fine job of leading the Government segment. Within that segment, your Shreveport Fire Department, last year raised a record $9,000.00. This year, the campaign, is I understand not quite complete, but this year, your Shreveport Fire Department has raised $12, 320, approximately. Over 33% increase over last year. Now this is significant in and of itself, but it’s particularly significant to me because, just from everything I’ve learned about Fire Departments over the last several days and weeks, their hearts are obviously in the Northeast. Their comrades so to speak are there. But for them to keep an eagle eye on their community in such a way through United Way, we think is worthy enough for calling special attention to it. So I have a plaque here that I’d like to present on behalf of the United Way to Kelvin Cochran and David Bryant who are also on it too, so if you could come forward. This is one of our early success stories, and I had the pleasure of addressing the Rotary Club today, I mentioned it there, I mention it everywhere I go. Kelvin, this is certainly an honor on behalf of United Way, we’d like to thank you for your support of United Way (applauds).

Councilman Carmody: Thank you sir.

Councilman Burrell: I thought Mr. Malone was coming to ask us for some money, I was beginning to start to sweat, but I see you’ve already received it.

Councilman Carmody: I think he’ll take any assistance he can get from any source. Mr. Mayor, is there any communication from the Administration today?

Mayor Hightower: No, Mr. Chairman.

Councilman Carmody: Thank you sir. Is there any communication from any of the members of the Council? Very good.

Public Hearing: None.

Confirmations and/or Appointments: None.

Public Comments. None

Adding Legislation to the Agenda: None.

CONSENT AGENDA LEGISLATION

INTRODUCTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:

There were no Resolutions or Ordinances on the Consent Agenda for Introduction.

RESOLUTIONS: None.

ORDINANCES: None.

ADOPTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:

Motion by Councilman Shyne seconded by Councilman Spigener for Adoption of the Resolutions on the Consent Agenda. Motion approved by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 5. Nays: None. Absent: Councilmen Pearl Huckaby and Serio. 2.

RESOLUTION:

RESOLUTION NO. 115 OF 2001

A RESOLUTION ACCEPTING A UTILITY SERVITUDE FOR A 6" WATER LINE IN THE AZALEA GARDENS SUBDIVISION WATER EASEMENT, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

BE IT RESOLVED by the City Council of the City of Shreveport, in due, legal,

and regular session convened, accept a private utility servitude in the Azalea Gardens Subdivision Water Easement located in Section 4 (T16N-R13W), Caddo Parish, Louisiana, and as shown on the plats attached hereto and made a part hereof, be and the same is hereby accepted for private use by Department Operational Services in the City of Shreveport.

BE IT FURTHER RESOLVED that the original plat reflecting the private utility servitude be and recorded in the official records of the District Court for Caddo Parish, Louisiana.

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

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

RESOLUTION NO. 116 OF 2001

A RESOLUTION ACCEPTING DEDICATION FOR DRAINAGE RIGHT OF WAY IN THE ROSE HOLLOW SUBDIVISION PHASE 5, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

BE IT RESOLVED by the City Council of the City of Shreveport, in due, legal,

and regular session convened, that the dedication for Drainage Right of Way in the Rose Hollow Subdivision Phase 5, in the SW 1/4 of Section 8 (T16N-R14W), Caddo Parish, Louisiana, and as shown on the plats attached hereto and made a part hereof, be and the same is hereby accepted as dedicated to the public for public use in the City of Shreveport.

BE IT FURTHER RESOLVED that the original plat reflecting the dedication for A Drainage Right of Way be and recorded in the official records of the District Court for Caddo Parish, Louisiana.

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

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

RESOLUTION NO.117 OF 2001

A RESOLUTION ACCEPTING DEDICATION FOR DRAINAGE RIGHT OF WAY IN THE ROSE HOLLOW SUBDIVISION PHASE 6, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

BE IT RESOLVED by the City Council of the City of Shreveport, in due, legal,

and regular session convened, that the dedication for A Drainage Right of Way in the Rose Hollow Subdivision Phase 6, in the SW 1/4 of Section 8 (T16N-R14W), Caddo Parish, Louisiana, and as shown on the plats attached hereto and made a part hereof, be and the same is hereby accepted as dedicated to the public for public use in the City of Shreveport.

BE IT FURTHER RESOLVED that the original plat reflecting the dedication for A Drainage Right of Way be and recorded in the official records of the District Court for Caddo Parish, Louisiana.

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

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

ORDINANCE: None.

REGULAR AGENDA LEGISLATION:

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

RESOLUTION NO. 112 OF 2001

A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT BETWEEN THE CITY OF SHREVEPORT AND KPMG FOR AN EXTERNAL AUDIT OF THE CITY OF SHREVEPORT FOR FISCAL YEAR JANUARY 1, 2001, THROUGH DECEMBER 31, 2001, AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, the City is required by City Charter Section 4.28 to cause to have accomplished an annual financial audit of the City; and

WHEREAS, KPMG agrees to conduct an audit of the City in accordance with the requirements of the City Charter and applicable law; and

WHEREAS, external audit firms are normally selected by the City for four years with one year contracts executed for each of those four years; and

WHEREAS, the engagement of KPMG best meets the needs of the City.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, legal, and regular session convened that it hereby authorizes the Mayor to execute a contract between the City of Shreveport and KPMG substantially in accordance with KPMG’s Response to the City of Shreveport's Request for Proposal dated July, 1999, filed for public inspection in the Office of the Clerk of Council.

BE IT FURTHER RESOLVED that if any provision or item of the resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications and to this end, the provisions of this resolution are hereby declared severable.

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

Read by title and as read motion by Councilman Burrell, seconded by Councilman Stewart passed by the following vote: Ayes: Councilmen Stewart, Carmody, Spigener, Shyne, and Burrell. 5. Nays: None. Absent: Councilmen Pearl Huckaby and Serio. 2.

RESOLUTION NO. 113 OF 2001

A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A COOPERATIVE ENDEAVOR AGREEMENT WITH CADDO PARISH FOR THE PURPOSES OF CONSTRUCTING A NEW ROADWAY (SOUTHERN LOOP) FROM WALLACE LAKE ROAD TO LINWOOD AVENUE, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

BE IT RESOLVED by the City Council of the City of Shreveport, in due, legal, and regular session convened, that the Mayor is authorized to enter into cooperative endeavor agreement with the Parish of Caddo for the purposes of constructing Southern Loop from Wallace Lake Road to Linwood Avenue

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

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

Read by title and as read motion by Councilman Spigener, seconded by Councilman Stewart passed by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, and Shyne. 5. Nays: None.. Absent: Councilmen Pearl Huckaby and Serio. 2.

RESOLUTION NO. 114 OF 2001

A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE GRANT DOCUMENTS WITH THE LOUISIANA COMMISSION ON LAW ENFORCEMENT AND OTHERWISE PROVIDE WITH RESPECT THERETO

WHEREAS, the Louisiana Commission on Law Enforcement has authorized the City of Shreveport Police Department to apply for grant funds and accept them under the 2001

Domestic Violence Assistance Program; and

WHEREAS, the award, if approved will be for a total of $23,200.00 and the City of Shreveport will be responsible for the Cash Match of $5,800.00. The total amount will be $29,000.00 to be used over a twelve month period. This grant will provide direct assistance to victims of domestic violence by providing information regarding community services that are available to them and encourage alternatives that can reduce the likelihood of further or continued violence; and

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 Louisiana Commission on Law Enforcement.

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

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

Read by title and as read motion by Councilman Carmody, seconded by Councilman Burrell for passage. Resolution passed by the following vote: Ayes: Councilmen Stewart, Carmody, Spigener, Shyne and Burrell. 5. Nays: None. Absent: Councilmen Pearl Huckaby and Serio. 2.

INTRODUCTION OF RESOLUTIONS:

1. Resolution No. 118 of 2001: A resolution authorizing the Mayor to execute a contract between the City of Shreveport and Metro Management Associates Inc. for the management of Sportran, and otherwise providing with respect thereto.

2. Resolution No. 119 of 2001: A resolution authorizing the use of musical equipment by the First United Methodist Church, and to otherwise provide with respect thereto.

3. Resolution No. 120 of 2001: A resolution authorizing the Mayor to enter into a Supplemental Agreement with Union Pacific Railroad Company for the purposes of maintaining the crossing gates and signalization at Caddo Street and otherwise provide with respect thereto.

4. Resolution No. 121 of 2001: A resolution to amend Resolution No. 119 of 2000 relative to regulation of the use of The Government Plaza Chamber, jointly adopted by the Shreveport City Council and The Caddo Parish Commission, and otherwise provide with respect thereto.

Read by title and as read motion by Councilman Shyne, seconded by Councilman Burrell for Introduction of the Resolutions to lay over until the October 9, 2001 meeting.

    Councilman Burrell: Question. Under 119, first of all, I didn’t know we had musical equipment here at the City, but I assume that we do now. But at the same time, will this fall under the same piece of legislation that you sponsored early on in terms of the use of City properties with or without payment? Do you understand my question?

    Councilman Carmody: Yes sir, I do, and I would almost rather that the Administration address this particular issue.

    Mr. Thompson: Mr. Chairman. We don’t have any fees for rental of musical instruments, if that’s your questions. So it doesn’t fall under the fee, waiver of the fee ordinances or various pieces of legislation that we’ve enacted.

    Councilman Burrell: I guess my question is because since we’ve passed that piece of legislation Mr. Chairman, I’ve been somewhat confused about what we can, what is under the fee structure and what is not under there. Anything that’s not listed, we could consider the use of or lease or not lease, but land or whatever the case may be.

    Mr. Thompson: That’s the way I’ve interpreted this. There is not a fee schedule for the use of musical instruments. For the use of public buildings, we have a long list of fees. We had no fees here. I looked at it, I talked to the City Attorney’s office and I thought that it was something I could place on the Agenda, because it did not fall under the resolutions, the rules, and the ordinances that we have concerning the donation of public space and property.

    Councilman Burrell: So, am I to understand from that statement and I’m gonna request again that ordinance to go back and read it. Anything other than what’s listed, then there is a fee schedule for, then we can lend or donate or whatever the case may be to non-profits or in this case, I don’t know if it’s a non-profit or if it’s a church.

    Mr. Thompson: Let me back up. There is a rule which says that I can’t put anything on the agenda if it has to do with the donation of space or equipment. And I do not put those items on the agenda. They have to be introduced by a Council Member at a regular Council Meeting. This one, I thought that I did have the right to put it on the agenda, because there is no fee schedule. That’s as far as I go in making decisions in this. But that’s the reason it’s on your agenda.

    Councilman Burrell: I’m not sure if it clarifies my question, but at the same time Mr. Chairman, I will take that up as an issue, not because of the party that we’re doing it for. It’s just that, when people ask me about these things, I’m rather confused as to what to tell them after the legislation that you put forth passed. And it seems as though it may vary a little bit. It may not, but I would like to be clear on it.

Councilman Carmody: I think the question is a good one and just for those persons that in the audience and watching at home to clarify what we’re talking about, is we are at the point of introducing a Resolution 119 authorizing musical equipment which is owned by the City of Shreveport through SPAR and it’s indicated as being one guitar, excuse me, one keyboard, one trumpet, one clarinet, one trombone, two pairs of drum sticks and two music stands. So again, this is equipment as I appreciate it in having read the resolution, that is service equipment that we would allow them the benefits of utilizing at this time. Is there any other comments or discussion? I would like to recognize Councilwoman Huckaby at this point, I’m glad you are here to join us. Questions or comments.

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. 135 of 2001: An ordinance to amend Chapter 62 of the Code of Ordinances of the City of Shreveport relative to the Department of Public Assembly and Recreation.

2. Ordinance No. 136 of 2001: An ordinance to amending the 2001 Community Development Special Revenue Fund Budget and to otherwise provide with respect thereto.

3. Ordinance No. 137 of 2001: An ordinance amending the 2001 Capital Improvements Budget and otherwise providing with respect thereto.

4. Ordinance No. 138 of 2001: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the west side of Norma, 175 feet south of Milam, Shreveport, Caddo Parish, Louisiana, from R-3-E, urban, multi-family residence/extended use district to R-3-E, urban, multi-family residence/extended use district, LIMITED TO "SNOW CONE SALES" ONLY, and otherwise providing with respect thereto.

5. Ordinance No. 139 of 2001: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the east side of East Kings Highway, 1300 feet south of College Drive, Shreveport, Caddo Parish, Louisiana, from R-A, residence-agriculture district to R-1D(PUD), urban, one-family residence (planned unit development) district and to otherwise provide with respect thereto

6. Ordinance No. 140 of 2001: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the west side of Parkway Service Road, 3,000 feet south of Shreveport-Barksdale Hwy, Shreveport, Caddo Parish, Louisiana, from R-A, residence-agriculture district, R-3, urban, multi-family residence district, and R-1D, urban, one-family residence district to R-A-E, residence-agriculture/extended use district, R-3-E, urban, multi-family residence/extended use district, and R-1D-E, urban, one-family residence/extended use district limited to "football, soccer, and baseball fields"only, and to otherwise provide with respect thereto

7 Ordinance No. 141 of 2001: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the east side of Ellerbe Road, 200 feet south of Chinquapin, Shreveport, Caddo Parish, Louisiana, from R-1D, urban, one-family residence district to B-2, neighborhood business district with MPC approval, and to otherwise provide with respect thereto.

7. Ordinance No. 142 of 2001: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the east side of Walker Road, 600 feet north of industrial loop, Shreveport, Caddo Parish, Louisiana, from R-1D, urban, one-family residence district to B-2, neighborhood business district, and to otherwise provide with respect thereto.

Read by title and as read motion by Councilman Shyne, seconded by Councilman Burrell for Introduction of the Ordinances to lay over until the October 9, 2001 meeting. 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. 130 of 2001: An ordinance to amend and reenact Chapter 10 of the Code of Ordinances relative to alcoholic beverage dealer’s permits for caterers and to otherwise provide with respect thereto

Having passed first reading on September 11, 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 Shyne, seconded by Councilman Huckaby. Adopted by the following vote: Ayes: Councilmen Pearl Huckaby, Stewart, Carmody, Spigener, Shyne, and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.

2. Ordinance No. 131 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 September 11, 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 Shyne, seconded by Councilman Burrell for adoption.

    Councilman Burrell: Mr. Chairman, I want to thank the Administration for working with that group of citizens who called. Who was having these special tournaments (pool tournaments) that happened to be on Sunday to help them work out something that was more reasonable because these tournaments could be potential economic development type of venue and we’re always looking for an opportunity to bring more people into the City. If these tournaments would turn into a national tournament or something of that nature, I think with that potential, it is worth the risk of allowing them to have their tournaments, I guess so many per year. And do that without gouging them. Again, I appreciate the work of the Administration in helping them. Thank you Mr. Chairman.

    Councilman Carmody: I certainly echo your sentiments, Councilman Burrell. I think this is certainly a chance for us to show that we’re trying to work with those parties that need to have the ability to open on Sunday in order to facilitate these particular leagues. Any other questions or comments?

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. 132 of 2001: An ordinance amending the 2001 Airports Enterprise Fund Budget and otherwise providing with respect thereto.

Having passed first reading on September 11, 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 Carmody for adoption. The Deputy Clerk read the following amendment:

AMEND THE ORDINANCE AS FOLLOWS:

In Section 2 (Appropriations):

Decrease Operating Reserves by $800,000.

Increase Transfer to Capital Projects by $800,000.

    Councilman Stewart: Mr. Chairman, may I pose a question to Mr. Thompson?

    Mr. Thompson: Yes sir, but I probably will not be able to answer it.

    Councilman Carmody: Do we need a motion on the amendment first before we open for discussion?

    Mr. Thompson: That would be appropriate.

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

    Councilman Carmody: Discussion Mr. Stewart.

    Councilman Stewart: We are at 132, Mr. Thompson, we also have 143. I would assume and I merely ask for clarification that if we pass 132 as amended and we move to 143, if we have questions about legal issues concerning 143, we can, at that time postpone 143 which is mentioned in 132 if I understand correctly for a legal opinion. Is that correct?

    Mr. Thompson: I’m not sure that they are the same at all. I don’t know if anybody from the airport is here. I think they would be better . . .

    Councilman Carmody: Mr. Miller, if you could come forward, please sir and give us some direction.

    Councilman Stewart: Mr. Miller did I explain it simply.

    Mr. Miller: I think they are two separate items. I think it’s maybe coincidental that the roof repair is $300,000 and that the other repairs are $300,000 in the budget amendment. I believe it is two separate items. Yes sir.

Councilman Stewart: Thank you very much. Mr. Thompson, thank you. Thank you, Mr. Chairman.

Councilman Carmody: Mr. Burrell, you have a question for Mr. Miller.

Councilman Burrell: Roy, this may be somewhat unrelated but I’m sure the money is coming out of the same fund. I just happened to be out of the country when the September 11th incident happened and I know that security was tightened and normally when security is tightened there is additional expenditures that I’m sure that you have to incur. Also, with the advent of that incident, I understand that many of the airports were affected in terms of travel. Now, will that effect this budget to the extent, that we should be looking a little bit beyond that or is this just slush money that you got there just waiting.

Mr. Miller: No sir, we are certainly concerned about increase cost related to security and we are also concerned about how it impacts revenue. We don’t see that affecting us this year. We have adequate funds to handle these type things, so I’m not concerned with it this year. However, next year, if we could become in an extended time of extra security, I would be concerned about how we might deal with some budget amendments for next year to accommodate that. There is also movement underfoot by the various airports in the Country and the Congress to provide some federal funds to pay for the additional airport securities. I don’t know how that is going to ultimately shake out either. But I think that we’ll be fine. I think that if we don’t see our revenues coming back where we think they might, as a result this, we will have to come in and look at some – how we adjust some cost to accommodate the additional expense of security, while I am hopeful that congress will award some dollars to airports to help with additional security cost.

Councilman Burrell: Well, have you yet be able to gauge decrease, increase in revenue because of this, here locally.

Mr. Miller: Right now, we think we are probably down 10 or 12, projectilely down 10 or 12 percent. Future months, is not going to affect pass revenues. We have not seen a real hit on our expense side yet because we have been able to use existing overtime funds that we already budgeted to handle what we are doing now. I think our question would be next whether we have adequate overtime funds or whether we might need to have additional security positions. But this year I am pretty comfortable that we are going to be okay.

Councilman Burrell: So we are not yet tracking the nation average of decreasing our revenue.

Mr. Miller: No sir, we did some things in internal renovations projects to accommodate heightening security with reduced cost and we think those things are working for us. Ours is -- as a matter of fact on conference call with the other Louisiana airports yesterday and they had a lot of woeful tales about increase cost, we don’t have those. Our system is functioning as we planned for it to if we had heightened security. So right now we are okay.

Councilman Shyne: Mr. Chairman, I just learned something. I thought maybe Councilman Burrell was over at Lake Providence, I didn’t know he was out of the country. Our Councilman, I’m glad you had a safe trip and you made it back.

Councilman Burrell: Well, Lake Providence is out of the country.

Councilman Carmody: I have a motion and a second on the amendment to Ordinance 132. Is there any further comment or discussion.

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

Motion by Councilman Shyne, seconded by Councilman Serio for adoption of the ordinance as amended. Motion approved by the following vote: Ayes: Councilmen Pearl Huckaby, Stewart, Carmody, Serio, Spigener, Shyne, and Burrell. 7. Nays: None.

1. Ordinance No. 133 of 2001: An ordinance amending the 2001 Water and Sewer Enterprise Fund budget and otherwise providing with respect thereto.

Having passed first reading on September 11, 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 Shyne, seconded by Councilman Spigener adopted by the following vote: Ayes: Councilmen Pearl Huckaby, Stewart, Carmody, Serio, Spigener, Shyne, and Burrell. 7. Nays: None.

2. Ordinance No. 143 of 2001: An ordinance declaring a Public Emergency in connection with the repair of the roof of the Challenger Drive Hanger at Shreveport Regional Airport; and ratifying the expenditure of approximately $300,000 and otherwise providing with respect thereto.

Having passed first reading on September 11, 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 next regular meeting.

    Councilman Stewart: Mr. Chairman, a brief observation. My appreciation of the need to repair this is certainly an understandable issue, however, we have a lease agreement here that based on my discussions with individuals of the legal background as well as real estate and realizing that this is normally what would be referred to as an insured loss. I request that we postpone and seek a written legal opinion before we authorize this. I’m fearful that the payment of it in this fashion while perhaps reasonable at the outset could lead to our inability of the coverage.

    Councilman Carmody: Very good. Are there any other questions or comments in this matter? Is there any comment from the Administration?

Mayor Hightower: No, Mr. Chairman, I’m fine.

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

ORDINANCES ON SECOND READING AND FINAL PASSAGE (numbers are assigned ordinances numbers)(not to be adopted prior to October 9):

3. Ordinance No. 134 of 2001: An ordinance authorizing the Purchasing Agent to dispose of surplus real property Lot 288, Cedar Grove Addition and otherwise providing with respect thereto.

    Councilman Shyne: I would like to move on that and I would like to encourage my colleagues to look very favorably on postpone that to October 9th. I would ask my colleagues to look very favorably on that when it comes up for a vote.

Having passed first reading on September 11, 2001 was read by title and on motion ordered passed to third reading. Read by title and as read motion by Councilman Shyne, seconded by Councilman Carmody to postpone until the next regular meeting. Motion passed by the following vote: Ayes: Councilmen Pearl Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

    Councilman Serio: Mr. Chairman, I apologize for running a little late today. I’d like to revisit one of the Resolutions, number 113 and ya’ll have voted on this earlier in the agenda?

    Councilman Carmody: Yes sir. My recollection is that it did pass favorably, 113.

    Councilman Serio: Okay, it passed. This is another one of those issues that I think that all the residents in District D will be very glad to see and that will be the construction or the completion of what is known as Southern Loop. Most people refer to it as the east/west road that connects Norris Ferry to Wallace Lake Road. This will connect Norris Ferry to Linwood across I-49 and I think Mike Strong is here and what this is also going to do, is this is going to give us the connection to I-49 on the Southern part of the city from the Southern Loop. So this will open up I-49 to the southern part of Shreveport, Southwest and Southeast Shreveport. And so I think this is a very traumatic for the City of Shreveport. It is one of those that in the next couple of years we will see even more growth out in southwest and the southeast part of town. This will be nice to finally have a way to get onto the expressway a little bit farther south than Bert Kouns. So in my absence I appreciate ya’ll passing this and I know that everybody in the southern part of town appreciates you passing this. If you ever go out and you try to get onto I-49 or at 3132 or Bert Kouns in the morning out on Ellerbe Road and you get backed up somewhere around Flournoy Lucas and you know that there is traffic behind you almost all the way down to Norris Ferry, it is bumper to bumper traffic, so this will alleviate some of the problems on that side of town. So thank you very much for getting that passed.

The Ordinances, as amended, follow:

ORDINANCE NO. 130 OF 2001

AN ORDINANCE TO AMEND AND REENACT CHAPTER 10 OF THE CODE OF ORDINANCES RELATIVE TO ALCOHOLIC BEVERAGE DEALER'S PERMITS FOR CATERERS 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 Sections 10-49 and 10-52(c) of the Code of Ordinances of the City of Shreveport are hereby amended and reenacted and Section 10-53 is hereby enacted to read as follows:

Sec. 10-49. Separate permit for each place of business.

Separate alcoholic beverage permits shall be required for each place of business operated by a retail or wholesale dealer, except as provided in Section 10-53.

Sec. 10-52.Term; renewal.

(c) Prior to the renewal of any restaurant permit or caterer’s permit, the chief of police shall require an affidavit be submitted on a form approved by the chief of police, to determine if an establishment continues to qualify for that permit as defined in this chapter. If an establishment does not qualify, the permit shall not be renewed. The chief of police, may, at his discretion, require at the business owner's expense, an audit of the business' records to determine if the establishment continues to qualify for the permit. This audit will be conducted by the City of Shreveport or an independent certified public accountant approved by the City of Shreveport.

Sec. 10-53. Caterer’s Permit.

(a) Any retail dealer meeting the following requirements may obtain a caterer’s permit in addition to the retail dealer’s permit required under Section 10-41. The applicant shall :

(1) Have a retail dealer’s permit issued under Section 10-41.

(2) Have a fully equipped kitchen where food is prepared for the purpose of catering events.

(3) Derive seventy percent (70%) of its gross annual revenue from the sale of food or food related products.

(4) Derive forty percent (40%) of its gross revenue per event from the sale of food or food related products.

(5) Maintain separate sales figures for alcoholic beverages and for food or food related products.

(b) The fee for a caterer’s permit shall be $250 per year, which shall be in addition to the fee for the basic retail dealer’s permit.

(c) A retail dealer holding a caterer’s permit shall be permitted to sell and serve alcoholic beverages at events in locations other than the premises licensed under the basic permit, on a temporary basis, not exceeding three consecutive days at any location.

(d) The caterer’s permit shall be subject to the same provisions for term, renewal and for revocation as the basic retail dealer’s permit, and also may be denied, suspended or revoked for failure to meet or maintain the qualifications set forth in this section.

BE IT FURTHER ORDAINED that Section 10-80 is hereby amended by adding paragraph (d) to read as follows:

Sec. 10-80. Sales locations to conform to zoning ordinance; exemptions for private parties, private promotional parties, and certain catered events.

(d) The provisions of this section shall not apply to an event catered by a person holding a valid caterer’s permit issued in accordance with Section 10-53.

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 affect 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. 131 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 (c) of the Code of Ordinance of the City of Shreveport is hereby amended and now reads as follows:

(c) A business owner will be allowed to apply for not more than ten (10) 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 $100.00, 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. 132 OF 2001

AN ORDINANCE AMENDING THE 2001 AIRPORTS ENTERPRISE 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 Airports Enterprise Fund budget, to transfer funds to capital projects, reduce fund balance 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. 177 of 2000, the 2001 budget for the Airports Enterprise Fund, is hereby amended as follows:

In Section 2 (Appropriations):

Decrease Personal Services by $130,000.

Increase Materials and Supplies by $50,000.

Increase Contractual Services by $330,000.

Decrease Operating Reserves by $1,050,000.

Increase Transfer to Capital Project by $800,000

    BE IT FURTHER ORDAINED that the remainder of Ordinance No. 177 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 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. 133 OF 2001

AN ORDINANCE AMENDING THE 2001 WATER AND SEWER ENTERPRISE 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 Water and Sewer Enterprise Fund budget, to transfer funds to capital projects, increase fund balance 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. 176 of 2000, the 2001 budget for the Water and Sewer Enterprise Fund, is hereby amended as follows:

In Section 1 (Estimated Receipts):

Increase Estimated Available Fund Balance 1/1/2001 by $3,793,600.

Increase Sewer Charges by $176,400.

In Section 2 (Appropriations):

Increase Personal Services by $120,000.

Increase Materials and Supplies by $850,000.

Increase Contractual Services by $100,000.

Decrease Other Charges by $1,000,000.

Increase Transfer to Capital Projects Fund by $3,900,000.

    BE IT FURTHER ORDAINED that the remainder of Ordinance No. 176 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 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.

UNFINISHED BUSINESS

(a) Discussion and/or Action Relative to the Public Safety Committee

    Councilman Shyne: Mr. Chairman. At this particular point I feel like we will have another long discussion on this. I do not foresee where – and I learned a lot from you on yesterday about long debates and it seems like we might be in for another long debate and it seems like the support might not be there. I am going to move to postpone this at this particular time but I would ask my colleagues to search their hearts and their souls and to take a deep look at this and to see that a Public Safety Committee would be very beneficial for this great city. This is not a committee that will be set up to do any witch hunting. I don’t like to be apart of committees that are set up to do witch hunting. I would hope to maybe at the next Council meeting that we could take another look at this but I do feel like this would be a committee that will be very positive and could provide a lot of support and a lot of help for both public safety departments. And it would be very beneficial and listening to some of the complaints that some of our citizens might have and also listening to some of the complaints that might come out of the Fire or Police Department. So at this particular time I would like to move to postpone this.

Motion by Councilman Shyne to postpone the discussion and/or action relative to the Public Safety Committee, seconded by Councilman Burrell.

    Councilman Carmody: I’m sorry, Mr. Burrell, you have a comment?

    Councilman Burrell: You know I couldn’t pass this up Mr. Chairman. This is the first time I’ve heard Councilman Shyne say he’s learned something from other people talking. Sometime listening is good isn’t it, Joe.

    Councilman Carmody: Mr. Burrell it is out of order to refer to another Council member by his first name. I do have a motion and a second.

    Councilman Shyne: Mr. Chairman, I appreciate you reminding him of that. I accept the statements but Roy, it is kind of poor taste to call any colleagues name.

    Councilman Carmody: You are also out of order referring to Mr. Burrell by his first name.

    Councilman Burrell: Mr. Chairman, where is the fun?

    Councilman Carmody: We are trying to keep it fun but we are here to do business for the citizens of Shreveport. I have a motion and a second. Is there any further discussion.

    Councilman Shyne: I would like to thank my colleagues for the positive vote.

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

    NEW BUSINESS: None.

    REPORTS FROM OFFICERS, BOARD, AND COMMITTEES: None.

    CLERK’S REPORT: None.

    COMMUNICATIONS AND MISCELLANEOUS MATTERS

    The Council resolved itself into Committee of the Whole on motion by Councilman Burrell seconded by Councilman Stewart. Motion approved by the following vote: Ayes: Councilmen Pearl Huckaby, Stewart, Carmody, Serio, Spigener, Shyne, and Burrell. 7. Nays: None.

    There being no further business to come before the Council, the meeting adjourned at 3:50 p.m.

/s/Thomas Carmody, Jr., Chairman

/s/Arthur G. Thompson, Clerk of Council


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