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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

MARCH 12, 2002

    The regular meeting of the City Council of the City of Shreveport, State of Louisiana, was called to order by Chairman John David Stewart, at 3:10 p.m., Tuesday, March 12, 2002, in the Government Chambers in Government Plaza (505 Travis Street).

    Invocation was given by Councilman Carmody.

    On Roll Call, the following members were Present: Councilmen Huckaby (arrived at 3:14) Stewart, Carmody, Serio(arrived at 3:16), Spigener, Shyne and Burrell. 7. Absent: None.

    Motion by Councilman Shyne, seconded by Councilman Spigener for approval of the Summary Minutes of the Administrative Conference of February 25, 2002 and the Minutes of the Regular Meeting of February 26, 2002. Motion approved by the following vote: Ayes: Councilmen Pearl Huckaby, Serio, Spigener, Shyne and Burrell. 5. Nays: None. Absent: Councilmen Huckaby and Serio. 2.

    Awards, Recognitions of Distinguished Guests, and Communications of the Mayor and Council Which Are Required By Law. Mayor Hightower: No, I'm going to yield to Mr. Shyne.

    Councilman Shyne: I feel honored, thank you Mr. Mayor. I have a couple of people today that I think we need to recognize. First of all, we have Attorney Al Donovan who is up spending the day with us. Mr. Donovan would you please come up and let us know who you are and the word is that Al is a candidate for Attorney General, the State's Attorney General's Office. Al, welcome to Shreveport.

    Mr. Donovan: I came before this group about six months ago and at that time I was exploring the possibilities of possible running for Attorney General. I am happy to say that as of last Sunday, I am an announced candidate for Attorney General. I've spent a lot of time up in Shreveport over the last couple of months as Mayor Hightower knows we bumped into each other quite a bit. Shreveport is going to be a very important area for me, so I look forward to the opportunity to meet with each and every one of you, kind of share some ideas that I have, get your input. It is going to be a tough race, a long race and I thank you for this opportunity. I know you have a busy schedule and thank you for the opportunity to address you.

Councilman Shyne: We have Mr. Ralph Balentine here. I was trying to wait to see if the other two Council members was coming. Did they call and say that they. . . .Councilman Stewart: We have no communication at this time.

    Councilman Shyne. I'd like for Mr. Balentine to come up Chief, I'd like for you to come up with Mr. Balentine. And Mr. Balentine if you would like to bring anybody else with you, I see you have some of your family members there, we would be more than happy to have them to come up.

    We have a Letter of Appreciation:

"March 12, 2002

Mr. Ralph Balentine, Mr. Carl McBeath, and

Mrs. Pam McBeath, Owners

Balentine Ambulance Company

3516 Mansfield Road

Shreveport, LA 71103-4400

Dear Sirs and Madam:

The latest example of Balentine Ambulance Company's outstanding community service has come to the attention of the Shreveport City Council and to the Citizens of Shreveport. The Fire Department's EMS Division reports that your company donated five medic units for stand-by service during the Centaur and Gemini parades this year. You stationed five medic units at strategic points along the each parade route for the seven hours that the crowds were assembled for each parade. By relieving the Shreveport Fire Department of this obligation, your actions insured timely EMS services for the persons who attend the parades, and uninterrupted service for other areas of the city. The Shreveport Fire Department further informs us that the the value of these services for both parades is $14,000.

We also take this opportunity to thank you for your ongoing agreement to assist the Shreveport Fire Department during emergencies, by providing emergency ambulance services when needed and requested.

Balentine Ambulance is a first rate company that provides non-emergency ambulance service within the City and advanced life support services within the parishes. We congratulate you for your business success, and thank your for locating your outstanding business in Shreveport.

However, on behalf of the citizens of Shreveport, we especially thank you for your help in making the Mardi Gras parades a success; for your many acts of outstanding community service, and for making Shreveport a better place to live.

/s/John David Stewart, Chairman, Council District B

/s/Pearl Aaron Huckaby, Council District A

/s/Patricia Spigener, Council District E

/s/Thomas G. Carmody, Council District C

/s/Joe Shyne, Council District F

/s/Philip Serio, Council District D

/s/Roy Allen Burrell, Council District G"

    Councilman Shyne: I would like to say that, Mr. Balentine, I hope that it is alright if I call you Ralph, we've been knowing one another for a long time. And, this is just one of the acts of kindness that Ralph has shown to the City of Shreveport. There are hundredsof---I don't want to say poor people, but there are hundreds of people out there that Ralph has helped to have a roof over their heads, food their table, send their kids to college, help get medical care. During the Christmas holidays, it is nothing for Ralph to give two or three hundred baskets of food to people that he doesn't even know. Ralph does not have to do this but believing that I am my Brother's keeper, and that, those that God has given a lot to, he expects a lot back from. Ralph truly lives by that principle.

    Ralph, I am very honored, I am very touched and very happy to have known you, and to be able to work with a person of your caliber. You are truly a Christian and you don't just give to those who can give back to you, you give more to those that will never be able to give you anything but a prayer and a thank you. And I know sometimes, they be so glad to get what you are giving them until they forget to say thank you, but you continue to give.

    Ralph, God has been good to you. God will continue to be good to you and the way you are and what you are doing, these are the values that have made America so great. I hope that we will not lose these values in the generations to come. Again, I am proud to call you my friend. Before I turn it over to you Mr. Balentine, Chief, you kind of helped to raise Chief and gave him some opportunities during the time when he needed a little extra help to feed his family.

    Chief Cochran: The letter from the Council members was very specific and I couldn't add anything to the detail, the quantitative detail that was provided in the support that we received from Balentine Ambulance Service the weekends that we hosted the Mardi Gras parade and the increased workload it provided for our law enforcement and Fire Department. What they did, even though the cost was greater than $14,000, the opportunity it afforded us to respond to the citizens' needs with our EMS Service adds a cost to it that we can't even measure. Mr. Balentine and Carl and Pam they are just a great business and great business persons in our City and Mr. Balentine is just a great American.

    Mr. Shyne mentioned how Mr. Balentine helped me when I was a young firefighter. After I had my first kid, I had to get an extra job when I was working on the fire line. I started off in a tree business, hauling tree limbs and that was a hard and dirty job, but as his business was expanding he saw enough in my as a young EMT to bring me in on Balentine Ambulance and I worked there until I was promoted to Training Officer and I appreciate that. I want to publicly thank you for that.

    Mr. Balentine: Well, I would like to say that it is nice to come before the Council when you don't need anything. But, I would like to remind you about 20 years ago this month, we were meeting in the City Chambers to see are we going to have an ambulance service tomorrow and Mr. Shyne was right there, writing some of the ordinances then (Mayor Hightower: That's believable). We went through some tough times back there.

    I moved from Alexandria in 1966 and built my first nursing home. We didn't have any ambulance service in Alexandria, but I got up here and it wasn't any better. There was many times we wait 2 or 3 hours for an ambulance and you might get the mechanic or the maintenance man or somebody, but you just prayed they'd get there. On one special occasion we had called for several hours, we didn't get one. Called again, all the ambulances were out but we found that the two owners was fighting behind Schumpert Hospital and all the other ambulances went to the fight. And I'm going to tell you, thosewere some scary days when you run a facility that had the responsibility of the elderly and you couldn't get an ambulance and I made a commitment then, there is one day that I'll change that.

    So, we operated 17 years and then the day that the City had to take over the emergency service, we went into the non-emergency service and we committed then that we would have a first class service. Because a lot of people doesn't realize, many times during the middle of the night, an ambulance will roll out for St. Jude's, to Oschner, to M. D. Anderson Hospital while everybody else is asleeping and you don't know of this until you need it in your family. And we have a service now, the ambulances we use on those long distance runs are new ambulances, they are housed inside, they are ready to go in a matter of 10 minutes and I think this is a credit here, from where we came from.

I have with me my daughter Pam, my son-in-law Carl. They know how I want things run. I want to give something back to the community that has been good to us, so by me training them this, they don't have second thoughts, this is how he'd want it to go. So, if the Lord calls me tomorrow, things are going to be in good hands and I appreciate all the things that the Council members and those others in a position of leadership and authority have given us over the years, we couldn't have made it without you.

    Mayor Hightower: Ralph, it has been a pleasure to work with you even though I hadn't been here 20 years, but been around long enough to know that when the Fire Department needed help, you responded. I specifically remember a building blowing up downtown and you guys were there and truly saved the day and some lives in that incidence and there has been many, many other situations as well and you've continued to stay active and bring suggestions back to the Fire Department from the ambulance communities across the country and have been a first quality, true provider of the citizens of this City can certainly be comfortable with and we can stand here and sit before the citizens on television today and tell them, that indeed that if something happened to a Shreveport Fire Department EMS Unit that Balentine would be there and the care would be quality.

    So, we certainly appreciate, from a business standpoint, what you've done for the community and the back-up you provide. And, also as Councilman Shyne and the rest of the Councilmen indicated in the letter to you, we certainly appreciate your willingness and your efforts to go out and help those that need help in our community. You have truly been a model citizens, so congratulations and thank you for everything that you've done.

    Councilman Burrell: I do too want to tell Mr. Balentine how much I appreciate him for his advise. When I first ran for Commission, that was oh, like a 100 years ago, I came and sat with him and talked with him and he thought that some of the things that I was telling him was good for the community and he encouraged me to run and I think that is what probably got me off into politics. Although I lost, but I assure you by a small margin, but at the same time it really made me understand the importance of leadership and those things that are needed in order to change the community and I want you to know that our conversation really changed my life at that time and I appreciate it.

    Councilman Serio: Mr. Balentine, it is amazing. You and I talked several years and it seems like our conversations were strictly by phone for almost a year or so before we ever had the opportunity to physically meet and over the years I've found that what you've done for the City has always been exemplary.

    But I think one thing that is always important is the entrepreneurial spirit of a gentleman like you and what you've done for the community is something to be emulated by young businesses and to take that opportunity and try to create as much as you've created has been exceptional for the City of Shreveport. I would like to compliment you for what you have accomplished but also I think this year for what you have provided during the Mardi Gras Parades, helped the City out because we had fun. I mean, we had a good time. The City had a good time during the Mardi Gras Parade, but it was also important that the City was protected as well and we do appreciate what you've done this year and of course through your history with your business as well, and wish a lot of success in the future as well.

    Councilman Carmody: Mr. Balentine very quickly, I can't add a whole lot to what Mr. Serio has said, but in my dealings with you, you always seem to have your priorities set on the public, first and foremost, in making sure that their safety is paramount. And I personally wanted to thank you for your generous donation to the City during the Mardi Gras parade. Again, it certainly-it just shows again, how one person makes a big difference in our community by putting their priorities kind of ahead of their selves.

    Councilman Stewart: I wouldn't miss this opportunity to say something on behalf of some very nice people that I've known. Ralph, as I recall, you might have been one of the first individuals that came to see me after I was elected. And I have never failed to see him once or twice a year. I've never seen him at any one time fail to do anything that he said he was going to do. And, your consideration and your sensitivity to people, regardless of what part of life, I think is an attribute that all of us could stand to emulate. And, fortunately, the three of them at least operate in my district, while they don't live in my district and the opportunity to know Carl and Pam individually and as recently as a couple of weeks ago in a visit for quite some time. It is nice to have good people who do good things.

    And then one practical approach, I can assure all of you, if you have a need for an ambulance, you can get one. We had a situation in our family that I couldn't get my mother-in-law out of the hospital because we didn't have an ambulance because nobody had made any plans for it. So, you know what happens when you get the call from your wife and what is on the other end of the line. One phone call and 20 minutes later, it was resolved. I think that's an attribute that goes long way and I appreciate it.

    Councilman Shyne: Again, Mr. Balentine, we salute you as one of the finest persons that, one of the finest sons of the state of Louisiana and the City of Shreveport. We will always be indebted to Ralph Balentine. Pam, you are fortunate to have a father like that.

    I hate to turn this in another direction, but I happen to be reading an article in the Shreveport Sun and it was saying that some gentleman wanted an apology from, I guess, maybe from the Council because we called for an audit of a certain committee. I want to make it known that we have a moral responsibility and a legal responsibility to have a checks and balance into any organization that receives public monies. This was not an attempt on anybody's part to point the finger at anybody. Anybody can look at the report to the City Council that was made by the Internal Auditor, I think it was about 29 or 30 recommendations that the auditors made that this organization need to look at. I would hope that persons that serve on organizations or organizations that receive public funds would think that we would need to apologize to them because we called for an audit.

    One other thing I kind of want to straighten out, seem like it was written in there that there is a kind of unwritten law, I believe, if I am stating it right where, if there is a black that is involved in it then we should not really call for an audit. And I was hoping that Mr. Ferdinand or some of the other persons who head up departments would think because you are black and you head up a department that, we are not going to call for an audit. This is nothing personal. It is strictly professional. If you were the color of a zebra and you head up a department, we have a moral obligation and a legal right to audit that department and it does not have anything to do with your color or with your gender. Now, I don't know where that unwritten law came about, but I would say that it does not apply to me.

    Anytime we are dealing with public funds, any time we are dealing with public projects, I think that we all need to be accountable. None of us are perfect, none of us are perfect. If we were all perfect, we wouldn't be here and that is why we have to have checks and balances in. So, any time we call for an audit, it is nothing personal, it is all professional.

    Public Hearing: None.

    Confirmations and/or Appointments: None.

    Public Comments: The Chairman recognized the request of Mrs. Holder (3312 Fairfield). She opposes bad-Property, LLC.

    Adding Legislation to the Agenda. None.

    CONSENT AGENDA LEGISLATION:

    INTRODUCTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:

    RESOLUTION: None.

    ORDINANCE: None.

    ADOPTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:

    RESOLUTION: None.

    ORDINANCE: None.

    REGULAR AGENDA LEGISLATION:

    RESOLUTIONS:

    The Deputy Clerk read the resolution by title: Resolution 12 of 2002: A resolution authorizing the Mayor to accept the donation of certain immovable property from Charlton Christopher Holmes and to otherwise provide with respect thereto.

Read by title and as read motion by Councilman Carmody, seconded by CouncilmanHuckaby to postpone the resolution until the March 26, 2002 meeting.

      Councilman Carmody: Mike, I appreciate you delivering the information that I'd asked for yesterday. This looks to be the summary of the Phase I Environmental Assessment, I think all Council members should have a copy of it. Very quickly and again, I am going to draw on your expertise from having worked with the Department of Environmental Quality, there are a number of initials that are indicated that maybe you could help me with.

      What is, and all again, all I am referencing if the other Council members want to follow along, it says: Nature and Extent of Contamination. The primary potential environmental risk associated with this site include the following: Possible TPH. What is TPH? Mr. Strong: Total Petroleum Hydrocarbons. Mr. Carmody, I do not know all of these.

      Councilman Carmody: And I am not trying to tax your memory, but if you could help me through them. Mr. Strong: But like the TPH, BTEX, Lead that is all petroleum-related.

      Councilman Carmody: I guess there is a mention here of underground storage tanks and again, this is the same thing that we had talked about before that are certainly associated with operation of an automobile dealership. UST is underground storage tank? Mr. Strong: Yes, sir.

      Councilman Carmody: Okay. It also mentions the potential of TPH and BTEX and Lead Contamination due to a presence of a 550-gallon underground storage tank of Moore's, I guess that is right there on the east side of the property? Mr. Strong: Yes, sir. It is adjacent to the property. And understand this, Phase I as a historical. This is showing the potentials that could or possibly be, it does not mean that, it is.

      Councilman Carmody: As I appreciate it though, I guess the Phase II would be the actual survey and report that we would receive that would verify the presence of any of these things and in what quantity, if they are present. Mr. Strong: Yes, sir, if they are present.

      Councilman Carmody: Again, there is a mention of the fact that it is in close proximity to the former Texaco Shreveport Works Site, its pipeline and former railway. Possible lead and cadmium contamination in and around the paint shop and I guess this is again, what we were talking about yesterday, maybe solvents that were formerly used, again. Mr. Strong: Normal operation of any car dealership.

      Councilman Carmody: No. 9: Due to the age of the buildings located at the site, it is recommended that Asbestos and Lead survey be conducted. These are all the things that we were expecting from the Phase II report that we'll receive, they'll test for all these things.

      Again, I guess the conclusions and recommendation page is really where we are going. It does indicate of the different degrees that they evaluate the property to be, it does indicate in bold print and italicized moderately high risk - Holmes Honda Site. Yesterday you said that we should anticipate the Phase II completed in about three weeks probably? Mr. Strong: Three to four weeks, yes sir.

      Councilman Carmody: Okay, that is the reason for my motion today Councilmembers, that until we do have the report back. And who is the company that is providing the service? Mr. Strong: The one that is doing this here is, SRP and it will more than likely be, SRP for the Phase II.

      Councilman Carmody: Until we receive back then the SRP Phase II Report, I think that it would not be in the best interest of the City to move further on this. I think the Administration would agree on that and Mike I appreciate your help with this. You taught me something new today.

      Councilman Burrell: Mike on your Phase II portion of your testing, as a result of Phase II will you be coming back with some sort of figure for remeditation on this? Mr. Strong: If there is any remeditation that would come back, then it would be a part of the report to bring that back also.

    Councilman Burrell: On the Phase II report. Mr. Strong: At the end of Phase II, yes sir.

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

RESOLUTION NUMBER 15 OF 2002

A RESOLUTION DECLARING THE CITY'S INTEREST IN CERTAIN ADJUDICATED PROPERTIES AS SURPLUS AND OTHERWISE PROVIDING WITH RESPECT THERETO.

    WHEREAS, there are numerous parcels of property which have been adjudicated to the City of Shreveport and Caddo Parish for non-payment of ad valorem taxes; and

    WHEREAS, the City of Shreveport has entered into an intergovernmental agreement with Caddo Parish under which Caddo Parish will undertake to sell said properties as authorized in R.S. 33:4720.11; and

    WHEREAS, pursuant to Section 26-294 of the Code of Ordinances, the city's interests in said properties can be sold after the City Council declares them to be surplus; and

    WHEREAS, the purchasing agent has inquired of all city departments regarding the properties described herein and has not received any indication that they are needed for city purposes.

    NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, legal and regular session convened that the following described properties are hereby declared surplus:

1) Lot 18, Block 26, West Shreveport Subdivision Geographic Number 181435-025-0018

2) Lot 151, Shady Grove Subdivision Geographic Number 171436-020-0151

3) Lot 9, Block A, Exposition Heights Geographic Number 171410-037-0009

4) Lot 10, Greenwood Acres Subdivision Geographic Number 171521-003-0010

    BE IT FURTHER RESOLVED that if any provision 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.

      Councilman Stewart: This indicates that these properties are in District A/Huckaby, District D/Serio, District F/Shyne and District G/Burrell.

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

RESOLUTION NUMBER 16 OF 2002

A RESOLUTION DECLARING THE CITY'S INTEREST IN A CERTAIN ADJUDICATED PROPERTY AS SURPLUS AND OTHERWISE PROVIDING WITH RESPECT THERETO.

    WHEREAS, there are numerous parcels of property which have been adjudicated to the City of Shreveport and Caddo Parish for non-payment of ad valorem taxes; and

    WHEREAS, the City of Shreveport has entered into an intergovernmental agreement with Caddo Parish under which Caddo Parish will undertake to sell or donate said properties as authorized in R.S. 33:4720.11 or R.S. 33:4720.25; and

    WHEREAS, pursuant to Section 26-294 of the Code of Ordinances, the city's interests in adjudicated properties which are abandoned or blighted housing property and which the City Council has declared to be surplus, can be donated to a donee which is a nonprofit organization recognized by the Internal Revenue Service as a 501 (c) (3) or 501 (c) (4) nonprofit organization and which agrees to renovate and maintain such property until conveyance of the property by such organization; and

    WHEREAS, the purchasing agent has inquired of all city departments regarding the properties described herein and has not received any indication that they are needed for city purposes.

    NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, regular and legal session convened that the following described property is hereby declared surplus:

Property Description Proposed Donee

Lots 611, 612, 613 and the West 5.0 feet of Lot 614, Emanuel Church of God in

Coleman College Addition Subdivision having the Christ of Shreveport following Geographic No. 171421-016-0651

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

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

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

RESOLUTION NO. 17 OF 2002

A RESOLUTION ADOPTING THE SYSTEM SURVEY AND COMPLIANCE QUESTIONNAIRE REQUIRED BY THE LEGISLATIVE AUDITORS OFFICE OF THE STATE OF LOUISIANA AND OTHERWISE TO PROVIDE WITH RESPECT THERETO.

    WHEREAS, the City of Shreveport received a questionnaire from the State Legislative Auditor which is to be completed as a required part of the audit for which we have engaged certified public accountants, KPMG LLP; and

    WHEREAS, upon completion of the questionnaire it must be presented to and adopted by the governing body of the City of Shreveport by means of a formal resolution at an open meeting; and

    WHEREAS, the completed questionnaire must then be given to the auditor engaged by the municipality who will, during the course of his regular audit, test the accuracy of the answers to the questionnaire and submit to the municipality and the Legislative Auditor a report containing his opinion as to the validity of the answers.

    NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, legal and regular session convened, that the attached Systems Survey and Compliance Questionnaire for the City of Shreveport be and the same is hereby adopted.

    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 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, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

    INTRODUCTION OF RESOLUTION:

    1. Resolution No. 18 of 2002: Resolution stating the City of Shreveport's endorsement of Louisiana Capital Partners, L. L. C. to participate in the benefits of the Louisiana Restoration Tax Abatement Program and to otherwise provide with respect thereto.

Read by title and as read motion by Councilman Carmody, seconded by Councilman Serio for Introduction of the Resolution to lay over until the March 26, 2002 meeting. Motionpassed by the following vote: Ayes: Councilmen Pearl Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

    INTRODUCTION OF ORDINANCES:

    1. Ordinance No. 27 of 2002: A ordinance amending the 2002 Capital Improvements Budget and otherwise providing with respect thereto.

    2. Ordinance No. 28 of 2002: An ordinance authorizing the issuance of not to exceed Seventy Million Dollars ($70,000,000) of Water and Sewer Revenue Bonds, Series 2002, of the City of Shreveport, State of Louisiana; prescribing the form, terms and conditions of said Bonds, providing for the payment thereof in principal and interest; providing for the sale of the Bonds; and providing for other matters in connection therewith.

Read by title and as read motion by Councilman Burrell, seconded by Councilman Huckaby for Introduction of the Ordinances to lay over until the March 26, 2002 meeting. 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:

    1. Ordinance No. 194 of 2001: An ordinance to reverse the decision rendered by the Metropolitan Planning Commission during their public hearing meeting of November 7, 2001, by closing and abandoning the portion of Glen Iris Boulevard located north of Ontario Street in the Glen Iris Addition Subdivision, and to otherwise provide with respect thereto.

Having passed first reading on December 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 to postpone the ordinance until the March 26, 2002 meeting, seconded by Councilman Carmody.

      Councilman Stewart: The Mayor indicated he would have something to say in discussion of this. You should have some information presented to you from the Risk Management Committee. My request to postpone is based on several events, one in particular, a request forwarded to me, which I believe all of you have from Mr. Bill Weiner who has been concerned about this, requesting some alternatives and proposing them. I forwarded that information to the Risk Manager and I would assume we would have some information available to us and from the Administration no later than next meeting in order to address it, but I would be happy to respond to any comments from anyone. Any comments from the Administration?

      Mayor Hightower: Mr. Chairman if you are going to postpone, I guess wecould hold our comment until the next Council meeting.

      Councilman Stewart: That'll be quite alright.

      Councilman Burrell: Mr. Mayor, are those comments any closer to resolving this matter because I think that it has been hanging over our heads for some time?

      Mayor Hightower: I think it is obviously an issue that's been before this Council and previous Councils on many occasions and I do think it needs to be resolved. If something can be worked out to accommodate all abutting property owners, certainly I'm willing to do that. But from the Administration's standpoint at least, we created the Property Management Division in DOS a year ago to try to get a handle on all the adjudicated property in particular, that we own but also properties in general that the City is responsible for all the way from a maintenance standpoint to a liability standpoint and that our focus all along has been lets get a handle on what we do own and then lets put it back on the tax rolls or lets get it out to the non-profits, somebody else, that will take away the expense and the liability from the City. I think that this is a prime example right here and ultimately, I would like for this right-of-way that will never become a street to be owned by somebody else, to be mowed by somebody else and for somebody else to absorb the liability on these people's property. So, I do think it is imperative that Council make a decision and I would hope that, that decision wouldn't be made to maintain the status quo where we do maintain the liability and we do maintain the responsibility of cutting grass and upkeep and so forth. Hopefully you'll see your way to do something two weeks from now.

      Councilman Burrell: Mr. Chairman as we talked, you and I talked earlier, I still have not seen yet coming from Mrs. Glass or any other recommendation on this Council where we have been able to resolve this problem to the extent where all three maybe somehow would be able to be a party to this piece of property by splitting it up. Unless I missed something, I haven't heard that solution.

      Mrs. Glass: I have written an opinion stating what, how the property would be divided up if it is abandoned under the state statute. I am not aware of any request for any other information that I was supposed to have answered.

      Councilman Stewart: Mrs. Glass, I think Mr. Burrell is referring to a request from Mr. Weiner that I received yesterday or the da before and I think every member of the Council received it. That I've asked the Risk Management group to address and I've discussed it with the Mayor and that to me is an opportunity to allow Mr Weiner the time frame to address his needs and then address the interest of the abutting property owners, then so be it. I would assume that we would have that in hand by the next meeting and I had forwarded that note to Mr. Weiner by facsimile to all of his numbers.

      Mrs. Glass: If you don't mind, let me just make sure; so, I am not being requested to give any additional opinion?

      Councilman Stewart: Not at this time.

      Mrs. Glass: I've written an opinion and I believe that it has been sent to all Council members and if there is anything else that I need to answer, I need to know what the question is.

      Councilman Burrell: No, it wasn't directed to you, Mrs. Glass. Understand,based on the information that you gave us, as well as that which has been accessed by the rest of the Council which I have not yet, I have not yet heard anything that is actually been a resolution to all three parties where if this property was divided by whatever means, then all three would not be able to partake, only two of three would be able to, is my understanding at this juncture unless I'm. . .is that a fair assessment?

      Mrs. Glass : Well, that was the opinion what would happen just plainly based on the statute. I think what is coming up now is, is there someway to come to some kind of an agreement to work it out some other way.

      Councilman Stewart: I assumed everyone received a copy of Mr. Weiner's suggestion, is that correct? I see nothing to the contrary.

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

    2. Ordinance No. 6 of 2002: 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 Ardmore Avenue, Shreveport, Caddo Parish, Louisiana, from SPI-3 (B-1) Commercial Corridor Overlay (Buffer Business) District to SPI-3-E (B-1) Commercial Corridor Overlay/Extended Use (Buffer Business) District "limited to a 971 square foot specialty gift shop and a residence" only, and to otherwise provide with respect thereto.

Having passed first reading on January 22, 2002 was read by title and on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Serio, seconded by Councilman Huckaby for adoption. The Deputy Clerk read the following amendment:

    Amend the ordinance as follows:

    On page 1, line 12, after "... gift shop", add a comma and include the following:

    "Tarot card readings,"

    On line 18, after "...gift shop", add a comma and include the following:

    "Tarot card readings,"

Motion by Councilman Carmody, seconded by Councilman Huckaby for adoption.

      Councilman Carmody: I did get a chance, yesterday at the work session, I had again thanked the Council members for allowing the postponement. The applicant, Mr. and Mrs. Williams, had contacted me and said that they were going to provide the Council with some additional information. I did speak to Mr. Williams this morning, he said that he was unable to get us any information at this time.

      It would appropriate for my solicitation of the defeat of the amendment first so that we can move to accept this particular ordinance and I would appreciate a "no" vote from the Council members on the amendment.

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

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

    3. Ordinance No. 10 of 2002 by Councilman Carmody: An ordinance to create and establish a no parking any time zone on the South side of the 700 block of Montrose Drive and to otherwise provide with respect thereto.

Having passed first reading on February 12, 2002 was read by title and on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Carmody, seconded by Councilman Burrell for adoption.

      Councilman Carmody: I appreciate that the Council members and I think that it is important that when persons contact us to ask us to postpone these matters to allow time to give additional information even as this gentleman said, I can't get you what I thought I could do. It is out of courtesy to defer to allow that time period. Again, I think it is important and I appreciate ya'lls cooperation on this.

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

    4. Ordinance No. 11 of 2002 Councilman Stewart: An ordinance to create and establish a no parking anytime zone on the North side of the 200 block of Rutherford Street and to otherwise provide with respect thereto.

Having passed first reading on February 12, 2002 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 adopted by the following vote: Ayes: Councilmen Pearl Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

    5. Ordinance No. 16 of 2002: An ordinance to amend Section 30-55(a) of the Code of Ordinances relative to Fire Prevention Code and otherwise provide with respect thereto.

Having passed first reading on February 26, 2002 was read by title and on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Burrell, seconded by Councilman Spigener adopted by the following vote: Ayes: Councilmen Pearl Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

    6. Ordinance No. 17 of 2002: An ordinance to amend and reenact Section 78-114 of the Code of Ordinances relative to animals at parades and to otherwise provide with respect thereto.

Having passed first reading on February 26, 2002 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 Serio for adoption.

      Councilman Burrell: What seems to be the problem with this particular situation. Is the additional dogs, like the pinchers and some of the others, had a potential violence to the public?

      Councilman Carmody: Mr. Burrell, what we had done when we had enacted the new regulations regarding the parades and what would be allowed and what would not be allowed, we wanted to make sure that public safety was addressed, so we prohibited all dogs without taking into consideration that there are working dogs that assist persons who are handicapped primarily seeing eye dogs, those type of things. Again, this make a special exception for their being allowed to come to the parade.

      Councilman Shyne: I think it is very humane on our part, Mr. Carmody.

      Councilman Carmody: Again, I think that we all want to make sure that everybody enjoy and for the most part, those dogs that are working dogs are very well behaved especially in crowds.

      Councilman Burrell: Now, it says here "animals" are only talking about dogs? Councilman Carmody: I think, as I appreciate it, it can be any service animals that would be provided, but I am not familiar with any other type of animals.

      Councilman Shyne: Cats are included too, Mr. Burrell, since you are a cat lover.

      Councilman Burrell: I was thinking about those horses you had, Mr. Chairman.

      Councilman Stewart: Let it me noted that Mr. Burrell, is a real cat lover.

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

    7. Ordinance No. 18 of 2002: An ordinance to amend and reenact Article VII of Chapter 26 of the Code of Ordinances relative to disposal of public property and to otherwise provide with respect thereto.

Having passed first reading on February 26, 2002 was read by title and on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Carmody, seconded by Councilman Burrell for adoption.

      Mrs. Glass: This is related to adjudicate property, again. As you know, you adopted a similar ordinance recently where we've entered into an agreement with the parish where they are doing the state provided procedure to sell these adjudicated property. The first ordinance that you did authorized the Mayor to sign those deeds when the whole procedure has been properly done, but we left out donations, it only applied to sales and this one now applies to donations, otherwise it is the same.

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

    8. Ordinance No. 19 of 2002: An ordinance amending the 2002 budget for the Police Grants Special Revenue Fund and otherwise providing with respect thereto.

Having passed first reading on February 26, 2002 was read by title and on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Serio, seconded by Councilman Huckaby for passage. The Deputy Clerk read the following amendment:

    Amendment No. 1:

    AMEND THE ORDINANCE AS FOLLOWS:

    In Section 1 (Estimated Receipts):

    2001 and Prior-Year Receipts:

    Increase Reduction of Drug/Crack Houses by $16,600.

    Increase Weed and Seed (Highland) by $300.

    Increase Drug Knock and Talk by $800.

    Increase Safe and Sober by $3,400.

    In Section 2 (Appropriations):

    From 2001 and Prior-Year Revenues:

    In Reduction of Drug/Crack Houses, increase Personal Services by $8,700, Materials and Supplies by $5,400 and Improvements and Equipment by $2,500.

    In Weed and Seed (Highland), increase Materials and Supplies by $300.

    In Drug Knock and Talk, increase Materials and Supplies by $800.

    In Safe and Sober Grant, increase Personal services by $3,400.

      Mr. Dark: Basically, they do a year-end reconciliation and since they have a little bit more money left over than they thought they would, so we are appropriating.

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

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

    9. Ordinance No. 20 of 2002: An ordinance closing and abandoning the dedicated 14 foot and 10 foot-wide alleyways running between Travis and Sprague Streets and between Mary Street and paved 20 foot wide alley and otherwise provide with respect thereto.

Having passed first reading on February 26, 2002 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 Burrell: Just like it is in many of our districts, when we abandon property, at this point since we will not be maintaining this, do we authorize or do we ask the adjacent property owners who will be reviewing this property to fence this property in some ways so that they can maintain it, if not we are going to have a mess on our hands. We will still have an open alley that we no longer control and it may be that they may not maintain it, not in this case it may be paved, but in other cases we may have some weeds that even if it is paved, many times you weeds that grows up around that paving. I know in Queensborough we have a number of them and sometimes they don't do that.

      Councilman Stewart: Mr. Antee did make the commitment yesterday at my request that the City would bring this property back into serviceable existence by cleaning it which I think is appropriate. The owners of the abutting which is an apartment complex, as I understand have made the commitment to maintain it, Mr Brown was here yesterday and also spoke with me. Mr. Strong, you are better prepared to answer the overview, than I.

      Mr. Strong: There is no alley there. It is basically grown up now, so we can't even get into it; so, it is all grown up. You have some areas that have fences, actually even across it and everything so.

      Councilman Burrell: I guess my question still is, if it is grown up and we do not own it at this point, do we just allow it to be abandoned and that is that and those persons take care of it?

      Mr. Strong: It reverts over to the property owner at this time.

      Mr. Antee: At the request of Councilman Stewart, we are going to go in and put it in a position as I understand it to where, when we turn it over to them, we are not handing a liability over to them. Now, I don't think that we can go in and mandate that they put a fence around their property anymore than we can go in an mandate anybody else go and put a fence up around their property.

      Councilman Burrell: But at the same time, if they own the property and the property is not up to Code, then we can ask them to address that issue, I wouldhope.

      Mr. Antee: That is correct, but I think that we, as Councilman Stewart pointed out, have the obligation if not legally then morally to at least turn it over to them in compliance and once we get it in compliance to the Code, then it is up to them to maintain it up to the Code.

      Councilman Carmody: Mike, of course it seems like yesterday to me, but it has been a long time since I was little boy but I do recall that garbage used to be picked up by our Public Works Department via the alley that was behind the home that I lived in at the time. Are there any alleys in which we still use in order to pick up garbage in the City?

      Mr. Strong: I am not gonna say no. I think there are a couple of alleys that we do pick up from, but in general, no sir, it is curbside, we come to the street. But we do have certain alleys and I think it is by the way the access is to it, is about the only way to collect garbage, so I know there are a few, but not to an extent.

      Councilman Carmody: Let me make a quick observation because it along the line of what Councilman Burrell had said. In some incidences, I know in my district especially in the Hollywood area, we have abandoned these alleys, but instead of prohibiting access that persons that still use those alleys as thoroughfares for illegal activities and different things like that and I think that it would be wise that the City to do something in the way of making sure that access is going to be denied and I appreciate the fact that we can't mandate to the people that we abandoned the property to them and say, oh by the way you now own this 5 feet of this 10 foot-wide alley, you need to do something to obstruct people coming down to the property. But we've got persons who are being adversely impacted because in essence, we say well now the City will no longer be responsible but there is still a thoroughfare for people to go in and out a neighborhoods behind residences.

      Councilman Burrell: And we get complaints from that after although we can't mandate them to put a fence there to stop the traffic, they leave it just as it is. We give them the property, their fence is still at the end of their original property line and the rest of it is open and then you have other people that complain about it; so that is the situation we run into. I still don't feel that we have a situation that we've resolved and I think somehow we do need to do that at some juncture. Either we don't abandon, if we can't mandate them to enclose that property so that there will not be access to it, to be offensive to others, then I think that still, maybe we are creating a problem.

      Councilman Carmody: I think that Mr. Burrell asked this question and it wasn't answered. When we do an abandonment, do we contact these property owners who are going to now have additional property to make sure that we have their. . .

      Councilman Stewart: There is an affirmative from Mr. Kirkland and an affirmative from Mr. Strong.

      Councilman Carmody: So, each property owner then either acknowledges that they are accepting donation from us or the abandonment back to them?

      Mr. Kirkland: They are advised.

      Councilman Carmody: They are advised that they are receiving this property.

      Councilman Stewart: Mr. Kirkland indicates that they are advised. In writing, is that correct? Mr. Strong: All closures and abandonments goes through the MPC and then everybody is advised through that procedure and they have the opportunity to either come in and say they have problems with it and it will be looked at, at that point but once MPC gives it back to us, we bring it back. In the past we have never brought anything to any standards. In fact we had, almost the street, I believe it was over in your district, the alley, was it East Stephenson?

      Councilman Stewart: Yes. Mr. Strong: Alley that was in there and that was one of the issues that we brought back where we were asked were we going to take up the asphalt and the comment was, that we would not, that would be up to them to handle everything that would be in the alley.

      Councilman Serio: Mike, when we take this property and of course we dedicate it back to the property owners, do we also go in and eliminate the cut-off from the street to the alley, so there is no direct access from the street? Mr. Strong: We never have, no sir.

      Councilman Serio: Why not? Mr. Strong: Never have been asked to, for one thing by any of the residents there and in some instances they may want to use it as to getting into their property, especially the ones, on maybe that corner right there.

      Councilman Serio: I think that is part of the issue that if you dedicate it back to the people and then you leave it as a thoroughfare, you are not going to eliminate the problem of late night traffic. And I know what I used to have to put up with when I had property on Line Avenue, the late night running of folks that were trying to get away from the Shreveport Police Department, running down the back alleys. I mean if we are going to eliminate, if we are going to dedicate this thing back. . . Mr. Strong: I think that, and these are two different issues too over that part. I know what we just had one that came in that was in there, they were buying the property and they were wanting to abandon, alley that they came to the City and one of the things was they was wanting to fence it all in and that was over a safety issue. And this one here is one that the City brought to because it is an unimproved alley that it is never, anything ever been done to it and it is very similar to a lot of the lots over in the area. There is the trees and everything going in it, so, nothing has ever been done with this one anyway so this does-to my knowledge, I will almost say that it doesn't even have an access coming in off the street, but you have other ones that would possible have that.

      Councilman Shyne: I guess maybe I'm fortunate but we did one out in my district, what 7 months ago and people on both sides and the back were glad to move their fences to block it off. And I don't know whether the Mayor said I been down here about 20 years, I hadn't been down here that long, but I have been down here a long time and over that length of time, I guess we've had quite a few that have been closed out in my area and really I have not had any problem with the persons who own the property that is right next to the alleyways and sometimes it has been where maybe streets, maybe at one time we had the City had designedfor a street to go there and the street never did go in and we've closed it. I've always gotten good cooperation from, I can only remember one and that was in relation to Fair Park High School and the businesses and a day care center there about a block from Fair Park where the City went in and Mike, I don't know what you all call those but you put some steel guardrails where you closed it off with steel guardrails. And some of the persons who own the property then put up a fence, but other than that, I've had good luck just going and talking to the people, to the persons who own the property and they have been willing and I represent a lot of working people in my district who don't have a lot of extra money and they have been willing to do what needed to be done in order to close it off. But you are exactly right now, if it is not closed off, you will have, lets call it undesirable traffic. I don't want to say, any bad behavior, we'll just say undesirable traffic that will go up and down but persons in my area have always been willing to go along with closing it off.

      Councilman Carmody: Mr. Strong, I think that in a situation where, again, a lot of times these right-of-ways are just lines on a map, they were never developed, there was never any asphalt, any gravel placed in the right-of-ways. But the instance that I'm thinking of where I was contacted by Mary Brown where her law office is now off of Hollywood, she had said that at some years ago, the Council had taken the action to abandon that alley which again had either asphalt or gravel placed on it and when the abandonment was made there was no action taken by the municipality to close off either end and so it is maintained-it is continued as a thoroughfare and as the other Council members had mentioned, basically being utilized by persons to either flee from the law or commit criminal activity, robberies. And Mike you know as well as I do that in a lot of times, these old alleyways were the way that persons parked their cars either by having a garage right there on the alley or some type of access to the back of their lots and I know that ya'll take that into consideration whenever we look at a closure. Mr. Strong: And we do and that is the key because if it is an alley that is being utilized, then we don't look at doing closure and abandonment but I think this ordinance here is very similar to the [Ordinance] 194, I mean, its lines on a map.

      Councilman Carmody: I agree with you.

      Councilman Burrell: Where it is not just lines on a map, where you have fences that have been set up, I know in the last two years, I've had two situations in Lakeside, as I can remember that I've gotten complaints where we abandoned the property back to the property owners at some point. They never did move their fences, so that alley continue to grow up and there were certain people along that alley that did move their fences and those were the ones that was complaining about those that did not because that portion which was not, they came in and start dumping on that property as well as walking at least up to that point because it is not closed off; so, I am sure that there is always exceptions and in the case, those were exceptions.

      And when I started to address the issue and asked, I don't know if it was Mr. Thompson or whomever to get someone on looking at it at this particular situation, it was shown that we had abandoned the property, at some point. I mean, notduring my tenure but sometime before. And I believe one of the persons in the area where it was abandoned, they had moved somewhere and had sold the property to someone else and the next person that came along, didn't move the fence either, so you still had open property there, so I know there is always exceptions to the rule, so I was wondering if anything that we can address from our end that when we allow this to happen that somewhere in the agreement, they will be willing to either move their fences or we close it off. Mr. Strong: You would probably what I would think it would be, you would be looking at a property standards issue that once it is turned over to the property owner, it becomes property of the owner and if they have high grass or dumping on that, then we can look at it as a code enforcement.

      Mr. Antee: If I could clarify one thing, we say that we would look and bring it back to suitable property, I was not meaning at that point in time, that we would restore it to its natural state, just if there is overbrush and overgrown or trash and debris, then we could use our efforts to get it to where it should be but if there is asphalt, I did not intend to go in and remove asphalt and concrete.

      Councilman Stewart: No, I understood that clearly and that was part of the discussion and I would say to each of the members of the Council, there has been numerous abandonments throughout Highland and during my term, at my request because that became a problem early on, every time it has been abandoned, it has not been a problem. At least one or two people put up fences and whenever there were discussions at the Restoration meetings and the neighborhood meetings, I would say clearly, you bring it forward, we'll abandon it, but you are going to have to fence it, you are going to have to maintain it. And to my knowledge, when those things took place, it was done. I am sure there are a few exceptions because we have cited people and reported them, but it can take care of itself by doing that; I appreciate everybody's interest. Any other discussion? Then I would request on [Ordinance] 20 that you vote in favor, please.

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

    10. Ordinance No. 21 of 2002: 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 Kings Highway, 160 feet west of Creswell Avenue, Shreveport, Caddo Parish, Louisiana from R-1D, Urban, One-Family Residence District to B-1, Buffer Business District and to otherwise provide with respect thereto.

Having passed first reading on February 26, 2002 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 adopted by the following vote: Ayes: Councilmen Pearl Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

    11. Ordinance No. 22 of 2002: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property locatedon the east side of Mansfield Road, 160 feet south of Texas Avenue, Shreveport, Caddo Parish, Louisiana from B-3, Community Business District to I-1, Light Industry District and to otherwise provide with respect thereto.

Having passed first reading on February 26, 2002 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 Serio adopted by the following vote: Ayes: Councilmen Pearl Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

    12. Ordinance No. 23 of 2002: An ordinance authorizing the Purchasing Agent to dispose of surplus real property Lot 243, Coleman College Subdivision, and otherwise providing with respect thereto.

    13. Ordinance No. 24 of 2002: An ordinance authorizing the Purchasing Agent to dispose of surplus real property Lot 244, Coleman College Subdivision, and otherwise providing with respect thereto.

    14. Ordinance No. 25 of 2002: An ordinance authorizing the Purchasing Agent to dispose of surplus real property Lot 25, Texas Street and Linwood Avenue, and otherwise providing with respect thereto.

    15. Ordinance No. 26 of 2002: An ordinance authorizing the Purchasing Agent to dispose of surplus real property Lot B, Taylor Subdivision, and otherwise providing with respect thereto.

Having passed first reading on February 26, 2002 was read by title and on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Burrell, seconded by Councilman Carmody to postpone Ordinances 23 through 26 of 2002 until the March 26, 2002 meeting. Motion approved by the following vote: Ayes: Councilmen Pearl Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

    The adopted Ordinances as amended follow:

ORDINANCE NO. 6 OF 2002

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 YOUREE DRIVE, 275 FEET NORTH OF ARDMORE AVENUE, SHREVEPORT, CADDO PARISH, LOUISIANA, FROM SPI-3 (B-1) COMMERCIAL CORRIDOR OVERLAY (BUFFER BUSINESS) DISTRICT TO SPI-3-E (B-1) COMMERCIAL CORRIDOR OVERLAY/EXTENDED USE (BUFFER BUSINESS) DISTRICT LIMITED TO "A 971 SQUARE FOOT SPECIALTY GIFT SHOP AND A RESIDENCE" ONLY, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO

    SECTION I: BE IT ORDAINED by the City Council of the City of Shreveport, CaddoParish, Louisiana, in due, legal and regular session convened, that the zoning classification of Lot 410 Broadmoor Subdivision, Unit 2, and an 8 foot strip adjacent on the west be and the same is hereby changed from SPI-3 (B-1), Commercial Corridor Overlay (Buffer Business) District to SPI-3-E (B-1), Commercial Corridor Overlay/Extended Use (Buffer Business) District limited to "a 971 square foot specialty gift shop and a residence" only.

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

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

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

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

ORDINANCE NO. 10 OF 2002

AN ORDINANCE TO CREATE AND ESTABLISH A NO PARKING ANY TIME ZONE ON THE SOUTH SIDE OF THE 700 BLOCK OF MONTROSE DRIVE AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

BY: COUNCILMAN CARMODY

    BE IT ORDAINED by the City Council of the City of Shreveport in due, legal and regular session convened that it shall hereafter be unlawful for anyone to park any vehicle any time of the day or night on the south side of the 700 block of Montrose Drive.

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

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

ORDINANCE NO. 11 OF 2002

AN ORDINANCE TO CREATE AND ESTABLISH A NO PARKING ANY TIME ZONE ON THE NORTH SIDE OF THE 200 BLOCK OF RUTHERFORD STREET AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

BY: COUNCILMAN STEWART

    BE IT ORDAINED by the City Council of the City of Shreveport in due, legal and regular session convened that it shall hereafter be unlawful for anyone to park any vehicle any time of the day or night on the north side of the 200 block of Rutherford Street beginning at Centenary Boulevard and extending west for a distance of 210 feet.

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

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

ORDINANCE NO. 16 OF 2002

AN ORDINANCE TO AMEND SECTION 30-55(a) OF THE CITY OF SHREVEPORT CODE OF ORDINANCES RELATIVE TO THE FIRE PREVENTION CODE AND 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 30-55 (a) of the Code of Ordinances of the City of Shreveport is hereby amended and now reads as follows:

    Section 30-55. Adoptions of code; penalty for violations

    (a) There is hereby adopted for the purposes of prescribing regulations governing conditions hazardous to life and property from fire or explosion, the most current edition placed on file with the Shreveport Fire Department Bureau of Fire Prevention of that certain code known as the National Fire Protection Association's Fire Prevention Code and all mandatory referenced codes, as it exists or may hereinafter be amended by the National Fire Protection Association, except such portions as are hereinafter deleted, modified or amended by this chapter, and the same is hereby adopted and incorporated by reference herein, and from the date on which this section takes effect, the provisions thereof shall be controlling within the limits of the City of Shreveport.

    BE IT FURTHER ORDAINED that the effective date of this ordinance shall be the 1st day of September, 2002.

    BE IT FURTHER ORDAINED that if any provisions or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions,

items or applications of this ordinance which can be given effect without the invalid provisions, items or applications and to this end, the provisions of this ordinance are hereby declared severable.

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

ORDINANCE NO. 17 OF 2002

AN ORDINANCE TO AMEND AND REENACT 78-114 OF THE CODE OF ORDINANCES RELATIVE TO ANIMALS AT PARADES 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 Section78-114 of the Code of Ordinances of the City of Shreveport is hereby amended and reenacted to read as follows:

Sec. 78-114. Animals Prohibited.

(a) No person shall permit any animal owned or possessed by him to be within two hundred (200) yards of a parade route not less than two hours before the published scheduled start of a parade, or within two hundred (200) yards of the actual end of a parade for not less than one hour after the actual end of the parade measured from each continuing area of parade termination.

(b) This section shall not apply to owners of residences along the parade route who have pets secured in their homes or yards.

(c) This section shall not apply to the use of a service animal by an individual with a disability. For purposes of this section, "service animal" means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.

    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. 18 OF 2002

AN ORDINANCE TO AMEND AND REENACT ARTICLE VII OF CHAPTER 26 OF THE CODE OF ORDINANCES RELATIVE TO DISPOSAL OF PUBLIC PROPERTY AND TO OTHERWISE PROVIDE WITH RESPECT THERETO

    WHEREAS, there are numerous parcels of property which have been adjudicated to the City of Shreveport and Caddo Parish for non-payment of ad valorem taxes; and

    WHEREAS, the City of Shreveport has entered into an intergovernmental agreement with Caddo Parish under which Caddo Parish will undertake to sell or donate said properties as authorized in R.S. 33:4720.11 and R.S. 33:4720.25; and

    WHEREAS, the City of Shreveport wishes to establish a procedure in accordance with Article VII, Section 14(B)(6) of the Louisiana Constitution and Section 2.03 of the City Charter for the sale or donation of the city's interest in said properties in conjunction with the sale or donation by Caddo Parish pursuant to the intergovernmental agreement.

    NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport, in due, legal and regular session convened that Section 26-294 of the Code of Ordinances of the City of Shreveport is hereby enacted to read as follows:

Sec. 294. Sale or Donation of Interest in Adjudicated Property.

Notwithstanding Section 26-292, the following procedures shall apply to the sale or donation of the city's interest in properties which have adjudicated to the city for non-payment of ad valorem taxes.

(a) The Mayor is authorized to execute deeds for the sale of the city's interest in property which has been adjudicated to the city when the following conditions have been met:

(1) The City Council has declared by resolution that the property is surplus.

(2) Caddo Parish has, pursuant to the intergovernmental agreement between the city and the parish, followed the procedure for the sale provided in R.S. 33:4720.11, et. seq., including but not limited to giving notice to persons who have a vested or contingent interest in the property, advertising for bids from persons wishing to purchase the property, and selling to the highest bidder either pursuant to sealed bids or at public auction.

(b) The Mayor is authorized to execute deeds for the donation of the city's interest in property which has been adjudicated to the city when the following conditions have been met:

(1) The City Council has been notified of the proposed donee and has declared by resolution that the property is surplus.

(2) Caddo Parish has, pursuant to the intergovernmental agreement between the city and the parish, followed the procedure for the donation provided in R.S. 33:4720.25 et. seq., including but not limited to giving notice to persons who have a vested or contingent interest in the property.

(3) The property is abandoned or blighted housing property and the donee is a nonprofit organization which is recognized by the Internal Revenue Service as a 501(c)(3) or 501(c)(4) nonprofit organization and which agrees to renovate and maintain such property until conveyance of the property by such organization.

    BE IT FURTHER ORDAINED that if any provision or item of this Ordinance or theapplication 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. 19 OF 2002

AN ORDINANCE AMENDING THE 2002 BUDGET FOR THE POLICE GRANTS 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 desirable to amend the 2002 budget for the Police Grants Special Revenue Fund, to appropriate additional funds 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. 159 of 2001, the 2002 budget for the Police Grants Special Revenue Fund, be amended and re-enacted as follows:

In Section 1 (Estimated Receipts):

2001 and Prior-Year Receipts:

Decrease Prior-Year Block Grant 2001 by $800.

Fiscal Year 2002 Revenues:

Increase Block Grant 2002 by $4,400.

In Section 1 (Estimated Receipts):

2001 and Prior-Year Receipts:

Increase Reduction of Drug/Crack Houses by $16,600.

Increase Weed and Seed (Highland) by $300.

Increase Drug Knock and Talk by $800.

Increase Safe and Sober by $3,400.

In Section 2 (Appropriations):

From 2001 and Prior-Year Revenues:

In Prior-Year Police Block Grant 2001, decrease Contractual Services by $800.

From Federal Fiscal Year 2002 Revenues:

In Police Block Grant 2002, appropriate $19,900 to Personal Services, $24,500 to Materials and Supplies, $242,700 to Contractual Services and decrease the appropriation for Improvements and Equipment by $281,900.

From 2001 and Prior-Year Revenues:

In Reduction of Drug/Crack Houses, increase Personal Services by $8,700, Materials and Supplies by $5,400 and Improvements and Equipment by $2,500.

In Weed and Seed (Highland), increase Materials and Supplies by $300.

In Drug Knock and Talk, increase Materials and Supplies by $800.

In Safe and Sober Grant, increase Personal services by $3,400.

    BE IT FURTHER ORDAINED that the remainder of Ordinance No. 159 of 2001 shall remain unchanged and in full force and effect and that totals and subtotals shall be adjusted accordingly.

    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 sections 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 20 OF 2002

AN ORDINANCE CLOSING AND ABANDONING THE DEDICATED 14 FOOT AND 10 FOOT-WIDE ALLEYWAYS RUNNING BETWEEN TRAVIS AND SPRAGUE STREETS AND BETWEEN MARY STREET AND PAVED 20 FOOT WIDE ALLEY, AND OTHERWISE PROVIDE WITH RESPECT THERETO.

    BE IT ORDAINED by the City Council of the City of Shreveport in due, legal, and regular session convened, that the 14 foot - wide and 10 foot - wide alleyways running between Travis and Sprague Streets and between Mary Street and a paved 20 foot -wide ally in block 1 of T.A.L. 19 and in block 2 of T.A.L. 3 Shreveport Subdivisions in the NW/4 of Section 37 (T18N-R14W), Caddo Parish, Louisiana and as shown and as indicated and as more fully described on the plat attached hereto and made a part hereof, is hereby closed and abandoned, and be it ordained that the sewer, utility and drainage servitudes be retained throughout the closed and abandoned alleyways.

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

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

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

ORDINANCE NO. 21 OF 2002

AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES, THECITY OF SHREVEPORT ZONING ORDINANCE, BY REZONING PROPERTY LOCATED ON THE NORTH SIDE OF KINGS HIGHWAY, 160 FEET WEST OF CRESWELL AVENUE, SHREVEPORT, CADDO PARISH, LOUISIANA, FROM R-1D, URBAN, ONE-FAMILY RESIDENCE DISTRICT TO B-1, BUFFER BUSINESS 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 Lot 26, Bon Air Subdivision, Shreveport, Caddo Parish, Louisiana, property located on the north side of Kings Highway, 160 feet west of Creswell Avenue, be and the same is hereby changed from R-1D, Urban, One-Family Residence District to B-1, Buffer Business District.

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

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

    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. 22 OF 2002

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 MANSFIELD ROAD, 160 FEET SOUTH OF TEXAS AVENUE, 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 the zoning classification of property located on the east side of Mansfield Road, 160 feet south of Texas Avenue, Shreveport, Caddo Parish, Louisiana, legally described below, be and the same is hereby changed from B-3, Community Business District, to I-1, Light Industry District:

A tract of land located in the SE/4 of Section 2, T17N, R14W, Shreveport, Caddo Parish, Louisiana, more particularly described as follows:

Commencing at a chiseled "X" in concrete, being the intersection of the S'ly R/W line of Texas Street and the E'ly R/W line of Mansfield Road, thence S13º43'15"W a distance of 59.97 feet along said E'ly R/W line of Mansfield Road to a 1 inch iron pipe being the POB of the tract herein described.

Thence S43º33'0"E a distance of 26.84 feet to a ½ inch iron pipe;

Thence N46º33'0"E a distance of 95.04 feet to a ½ inch iron pipe;

Thence S43º20'21"E a distance of 224.01 feet to a 3/4 inch iron pipe on the N'ly R/W line of Illinois Central Railroad; Thence S46º55'29"W a distance of 158.94 feet along said N'ly R/W line of Illinois Central Railroad to a ½ inch iron pipe; Thence N43º24'22"W a distance of 209.50 feet to a 1 inch iron pipe on the E'ly R/W line of Mansfield Road; Thence N14º26'4"E a distance of 75.80 feet along said E'ly R/W line to the POB. Said tract contains 0.826 acres.

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

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

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

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

    UNFINISHED BUSINESS:

    1. Discussion and/or Action Relative to the Public Safety Committee (remained tabled).

    2. Ordinance No. 3 of 2002: 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 Milam Street, 100 feet west of Arkansas, Shreveport, Caddo Parish, Louisiana, from B-1, Buffer Business District to B-2, Neighborhood Business District and to otherwise provide with respect thereto. (Remanded to MPC on Feb. 12)

    NEW BUSINESS:

      1. Alcohol Retail Permit: Ms. Deborah Hawkins [Employer: 2901 Milam St. [Take-A-Bag Grocery] (G/Burrell) (No action taken on Jan. 22 - SpecialMeeting scheduled for April 12)

      2. Taxi Driver License: Kendall T. Griffin [Residence: B/Stewart - Employer: Yellow Checker (A/Huckaby) (Postponed until March 12)]

      Ms. Lee: I don't see him here in the audience today, either. Councilman Stewart: He wasn't here yesterday and he is not here today. So, what is our action, Madame Clerk, Mr. Thompson or Mrs. Glass on this one? Mr. Thompson: It is up to the Council. You can either act on it or you can postpone it, it is really up to you.

Motion by Councilman Huckaby, seconded by Councilman Carmody to deny the appeal the

      Councilman Burrell: Just to try to bring Pearl up to date, we did discuss this on yesterday and he was not here and we just wanted to wait until you got back to take a look at it.

      Councilman Serio: Also, this gentleman has spoke to the Council previously, so make that clear for the public that this gentleman has spoken to the Council and we are not doing this without his presence being here before.

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

    REPORTS FROM OFFICERS, BOARDS, AND COMMITTEES. None.

    CLERK'S REPORT: None.

    THE COMMITTEE RISES AND REPORT. There was no Committee Report.

    ADJOURNMENT:

    There being no further business to come before the Council, the meeting adjourned at approximately 4:50 p.m.

/s/John David Stewart, Chairman

/s/Arthur G. Thompson, Clerk of Council


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