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City of Shreveport

505 Travis Street P.O. BOX 31109 SHREVEPORT, LOUISIANA 71130

CC 3827

09 30 08

Council Proceedings of the City of Shreveport, Louisiana

September 23, 2008

The regular meeting of the City Council of the City of Shreveport, State of Louisiana was called to order by Chairman (Chairman’s Name) at 3:03 p.m., Tuesday, September 23, 2008, in the Government Chambers in Government Plaza (505 Travis Street).

Invocation was given by Councilman Webb.

The Pledge of Allegiance was led by Councilman Shyne.

On Roll Call, the following members were Present: Councilmen Lester, Walford, Long, Wooley, Webb, Shyne, and Bowman. 7. Absent: None.

Motion by Councilman Webb, seconded by Councilman Long to approve the minutes of the Administrative Conference, Monday, September 8, 2008 and Council Meeting, Tuesday, September 9, 2008. Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, Webb, and Bowman. 6. Nays: None. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

Councilman Shyne: Well it seems like we’re getting off to a good start, we’re all on the same accord. I don’t know whether this is going to continue through the entire meeting or not Councilman Wooley.

Councilman Wooley: We’ll try Mr. Chairman.

Awards, Recognition of Distinguished Guests, and Communications of the Mayor which are required by law.

Councilman Shyne: I see the Mayor’s - - - I see his right hand and his left hand sitting over there, so I don’t know who to call on his right hand first or his left hand first. I guess since the CEO is always over there, we’ll call on him first, and then we’ll call on the left hand.

Mr. Dark: Mr. Chair, the only thing we have is to remind the Council that the Mayor did go to Washington, D.C., and is out of state. And he was testifying this morning before the a Senate Ad Hoc Sub Committee on Homeland Security and Hurricane Response.

Councilman Shyne: I thought you were going to say he didn’t go, so I could cast my vote on a very important issue. Dale? You have any remarks?

Mr. Sibley: We have none Mr. - - - Mayor Pro Tem. I’m sorry.

Awards and recognition of distinguished guests by City Council members, not to exceed fifteen minutes.

Councilman Shyne: I guess we have no awards, and we have any communications from any Council Members? Okay, Councilman Webb.

Councilman Webb: Chief Whitehorn?

Councilman Shyne: Come forward. Chief, I was aiming to warn you, that you were going to be the first one up today, but you know at my age, it slipped my mind.

Chief Whitehorn: I’ll forgive you Mr. Chairman.

Councilman Webb: Chief Whitehorn, I wanted to ask for some help on Artis Taylor in front of Summerfield Elementary School. There are some serious traffic problems on that street. A lot of illegal parking up and down the street. The one that’s close to (inaudible). I’m getting a lot of complaints from people that are upset about the people parking in their grass while they are waiting on the kids to get out of school, as well as thru traffic, they can’t get through, anytime they want to get off the road. I’ve asked Mr. Strong to take a look at it as well to see what we can’t do to eliminate this problem, but I really hate to see y’all go out and issue citations, but I’ll let you - - - you know y’all go out there and take a look at that and see what y’all think you might need to do to get this corrected.

Chief Whitehorn: Yes sir, we can make some announcements at the school, and get them to work with us to get information out to the parents to make sure that they are not parking I peoples’ yards and things of that nature.

Councilman Webb: Thank you. And Mike Strong please. I wanted to inquire about the ‘No Truck’ signs that we used to have on Kingston Road leading into Williamson Way. They’re no longer there, I didn’t know if we removed them, or if they got knocked down or what?

Mr. Strong: Maybe some truckers removed them.

Councilman Webb: Yeah, maybe so, but - - -

Mr. Strong: On Kingston itself?

Councilman Webb: 18-wheelers coming down through there, I know there’s supposed to be a ‘No Truck’ zone.

Mr. Strong: I’ll go check on it.

Councilman Webb: And also as you turn off Williamson Way onto Kingston, not so much potholes, it’s just the road is uneven. I don’t think that’s on the overlay list, but it’s something that we might could do to - - -

Mr. Strong: Williamson Way?

Councilman Webb: On Kingston.

Mr. Strong: On Kingston.

Councilman Webb: (Inaudible)

Mr. Strong: Just right there at - - -

Councilman Webb: Yeah, after you make the turn there off Williamson Way, heading north onto Kingston.

Mr. Strong: Yes sir.

Councilman Webb: That will do it, thank you sir. That’s all I have Mr. Chairman.

Councilman Shyne: Any Council Members have any distinguished guests?

Councilwoman Bowman: I don’t have a distinguished guest here, but earlier today, we recognized an individual Kevin Bremer during the hurricane, he got out and cut limbs in the middle of the street over, I think that was Garden Oaks, and Chief Crawford today presented him with a certificate commending him for his actions because if he hadn’t cut the trees, then the emergency vehicles would not have been able to get through to a very sick patient. So again, I want to congratulate Mr. Bremer for his unselfish acts of kindness, and he was such a quiet man. He didn’t want to be recognized, and therefore we went over to him, instead of him coming to the Council Meeting.

Councilman Shyne: Thank you. I would like to recognize my friend, a former Caddo Parish Commissioner, Mr. Michael Williams. Mr. Williams, it’s so good to have you with us. And I know you recognize a few of these people up here, you might have served with two or three of them. And I have the pleasure of serving with them now, and it’s quite an honor, Ms. Bowman, Mr. Webb, and Mr. Michael Long. It’s really been a learning experience for me Mike, serving with these three distinguished people.

Councilman Walford: Mr. Mayor Pro Tem?

Councilman Shyne: Yes.

Councilman Walford: I served with Mr. Williams in a slightly different capacity. We both wore green suits when we did that. I didn’t have any gray hair when way back then, did I Michael? 1982,’83.

Councilman Shyne: I didn’t know Michael was that old. Mike? I think you been putting a little dye in your hair. Was it that long ago?

Councilman Walford: Somewhere back there.

Councilman Shyne: That’s been over 20 years ago. Okay, well Mike, I’ve been calling you a young man. I’m going to have to - - - change that.

Councilman Walford: Sorry Mr. Williams.

Councilman Shyne: Thank you Councilman Walford for educating me on that. Mike, I’ll be on it from now on.

Awards and recognition of distinguished guests by the Mayor, not to exceed fifteen minutes.

Communications of the Mayor relative to city business other than awards and recognition of distinguished guests.

Reports: Property Standards Report

Councilman Shyne: Okay, Mr. Holt? Are you ready to come forward?

Mr. Holt: Thank you Mr. Chairman. On the issue you gave me yesterday concerning Bethune Street, we’re trying to track down that individual. I have not made contact with him yet. We’ll stay after him until we get him.

Councilman Shyne: Yeah, thank you, and I hope the people out in Fairlawn in Hollywood Heights heard you say that, so that they’ll know that we’re working to try to try to get that particular location cleaned up.

Mr. Holt: We’ll get it, one way or the other.

Councilman Shyne: Thank you.

Mr. Holt: Are there any other concerns?

Councilwoman Bowman: Yeah, I have one. If you can, get someone to check on Chestnut, and that’s right behind Bilberry Park. The grass is really tall over on that street. Please get somebody to look at it.

Mr. Holt: Yes Ma’am.

Councilman Shyne: You mean to tell me that Jim is going to get off this easy? Well you know, I’m kinda from the old school. I like to see you work everyday. I like to see a little sweat. I like to see - - -

Mr. Holt: You can meet me in my office at 6:30 in the morning Mr. Shyne.

Councilman Shyne: Well I thought Jim, we might have had Councilman Lester there who will usually get up and meet you all that early. I’ve got about 31 years of getting up at 6:00 and making the bus round. If not, lets move on.

Public Hearing: None

Adding Items to the Agenda, Public Comments, Confirmations and Appointments.

Adding Items to the Agenda (Clerk reads items into the record - public comments allowed on items proposed to be added, then items can be added only after unanimous vote [ See Act 131 of 2008])

Councilman Shyne: Mr. Thompson, do we have any legislation to be added today?

The Clerk read the following:

1. Resolution No. 235 of 2008: A resolution authorizing the Mayor to negotiate terms and conditions, and execute all contracts between the City of Shreveport and the State of Louisiana, Department of Social Services, and to otherwise provide with respect thereto.

Mr. Thompson: If this resolution is added to the agenda and adopted, it will allow the City of Shreveport to continue to administer and operate the Louisiana Job Employment Training Program, (LaJET) for the federal fiscal year 2009 which begins October 1^st and ends September 30 2009.

Councilman Shyne: Councilman Wooley, I’ll accept a motion from you at this time to add that piece of legislation.

Councilman Wooley: So moved.

Mr. Thompson: Mr. Shyne, under the new rules the Council has to request whether anybody wants to speak against or in favor of adding this to the agenda.

Councilman Shyne: Mr. Thompson, I thank you. I guess I’m so used to taking things for granted.

Councilman Walford: The legislature fixed that for you.

Councilman Shyne: That’s right. Do we have anybody in the audience that would like to speak in favor of adding that to the agenda, or do we have anybody who would like to speak against adding that to the agenda? Do I see a hand in the audience? Okay. Mr. Thompson, I’m back to the motion.

Motion by Councilman Wooley, seconded by Councilman Webb to add Resolution No. 235 of 2008 to the agenda.

Councilman Wooley: Tom, I just wanted to verify.

Mr. Dark: Yes sir.

Councilman Wooley: The $427,329 - - - is that money given to us? Or is that money we’re spending on this program.

Mr. Dark: Well it’s money that the federal government is granting to us. Once we get the grant, we’ll ask you to appropriate the money.

Councilman Walford: Ms. Glass, the wording of this says ‘all contracts,’ but does it limit to the LaJET Program?

Ms. Glass: Well, it does not specifically say that in the ‘BE IT RESOLVED’ paragraph, however all of the ‘WHEREAS’ clauses do relate to just that program. So, yeah I would think a reasonable interpretation would be that it was limited to that. It’s not crystal clear in the ‘BE IT RESOLVED’ paragraph.

Councilman Walford: Is it something we can fix before the end of the meeting?

Ms. Glass: We can. I think this is a two reader. So we could also fix it before adoption if that’s okay.

Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, Webb, and Bowman. 6. Nays: None. Not Voting: Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

Councilman Shyne: Dale Sibley found someway for the Mayor to be out of town today, so I wouldn’t be able to vote on an issue that’s coming up. Dale, that was a pretty shrewd political move by you, hear? I don’t know whether Councilman Walford appreciates that or not, but we’ll live with it.

Mr. Thompson: Mr. Shyne, because State Laws specifically says that it has to be a unanimous vote, I think the record should reflect that the Chairman cannot vote under our Charter, because he is Mayor Pro Tem today, and all of the members of the Council who can vote did vote in favor of adding this to the agenda.

Councilman Shyne: Would you let that be reflected in the record. Because the Mayor is out of town, I’m Mayor Pro Tem today, the City Charter took my right away from me to be able to vote on any legislation when the Mayor is out of town. Okay, it was a unanimous vote. You didn’t see what Ron did huh? So I wouldn’t reach over and vote on it, Ron put his - - - Ron, that’s kinda cute.

Councilman Walford: Explain to the public what you’re talking about, they can’t see.

Councilman Shyne: Naw, I’m not going to do that. But would you let the record reflect that?

Ms. Johnson: Yes sir.

Councilman Shyne: Alright thank you very much. And the record will show that we did have a unanimous vote with all of the Council Members who could vote today. Okay. Lets move on.

Public Comments (Comments on items to be adopted)

Councilman Shyne: I don’t believe we have any Public Comments at this particular time for any legislation that we will be voting on today.

Confirmations and Appointments: None.

CONSENT AGENDA LEGISLATION

TO INTRODUCE RESOLUTIONS AND ORDINANCES

RESOLUTIONS: None.

ORDINANCES: None.

TO ADOPT RESOLUTIONS AND ORDINANCES

RESOLUTIONS:

The Clerk read the following:

1. Resolution No. 228 of 2008: A resolution authorizing Norris Ferry Community Church located at 10509 Norris Ferry Rd, to connect to the Water System of the City of Shreveport, and otherwise providing with respect thereto. (Near District D/Wooley)

Read by title and as read, motion by Councilman Wooley, seconded by Councilman Long to adopt. Motion failed by the following vote: Nays: Councilmen Lester, Walford, and Bowman. 3. Ayes: Councilmen Long, Wooley, and Webb. 3. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

ORDINANCES: None.

REGULAR AGENDA LEGISLATION

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

The Clerk read the following:

1. Resolution No. 205 of 2008: Amending the Pay Plan for Municipal Police Civil Service Personnel and to otherwise provide with respect thereto. (D/Wooley) (Postponed September 9, 2008)

Read by title and as read, motion by Councilman Wooley, seconded by Councilmen Bowman to postpone until the next regular meeting.

Councilman Shyne: I would like to let this be known, that if I could vote, I would vote in the affirmative. My vote would be a ‘YES’ for the pay raise for the Police Department.

Councilman Wooley: Just so I know people have been waiting on this particular piece of legislation, just as we gave the same courtesy to Councilman Webb, as he wanted to vote yes toward this pay raise, surely when you came to me and asked, obviously I could extend to you the same courtesy. And obviously, we’re looking for a positive vote for this. This is a very crucial issue for this city, this is a public safety matter. We have a retention problem with the Police Department. They are leaving in what I believe are numbers of concern. It’s cost the city a great deal of money to try to recruit new people, and we know that we are, and I know that Chief Whitehorn is effectively doing that. Still, at the end of the day, it cost us more to retain folks than it is to recruit folks. And that’s why I’m pushing so hard for this to pass. So, once again, we’ll postpone out of courtesy to our Council Members who asked that. But we’ll be looking to move forward with this at the next Council Meeting. Thank you Mr. Chairman.

Mr. Thompson: I just wanted for the record to be sure that the postponement in on the resolution as well as the amendment. It’s just for the record.

Councilwoman Bowman: Mr. Chairman, of course my reason is entirely different than Councilman Wooley as far as voting on this. The area that I represent is a high crime area, I need every policeman I can get over there to patrol and keep it safe. Therefore, every time it comes up, I’ll vote ‘YES’, and hopefully, the next time, it will pass. Thank you.

Councilman Shyne: Councilman Wooley, I appreciate you waiting and giving me an opportunity, but I do feel like that it would have passed today, knowing the feelings of our Council Members who are here and I know all of them are in support of Public Safety. And I just appreciate you - - -

Councilwoman Bowman: Not all of them.

Councilman Shyne: Not all of them? Right, well I just appreciate you postponing it and giving me an opportunity to vote.

Motion approved by the following vote: Ayes: Councilmen Lester, Long, Wooley, Webb, and Bowman. 5. Nays: Councilman Walford. 1. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

Councilman Shyne: Am I reading that right? Councilman Walford is against postponing it. That’s why I said that I thought maybe we had enough votes in order to pass it today. Okay, thank you very much.

The clerk read the following:

RESOLUTION NO. 222 OF 2008

A RESOLUTION RATIFYING THE USE OF CERTAIN EQUIPMENT BY THE SUSAN G. KOMEN RACE FOR THE CURE AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

WHEREAS, the City desires to participate in programs which directly benefit the citizens of the City by participating in wholesome activities which serve to benefit health if the entire community; and

WHEREAS, the Susan G. Komen Race for the Cure , desires to provide an educational benefit and fund raising support to the community by hosting its race for the cure in Shreveport; and

WHEREAS, the Race for the Cure will be held September 19-20, 2008 in the City of Shreveport; and

WHEREAS, the organization has requested the use of city owned staging units during the event and will execute an indemnity and hold harmless agreement in favor of the City of Shreveport in a form acceptable to the Office of the City Attorney; and

WHEREAS, the programs sponsored by Susan G. Komen Race for the Cure benefit cancer research which serves a public benefit and a public purpose.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, legal and regular session convened that the use of staging units by Susan G. Komen Race for the Cure September 19-20, 2008 during the Susan G. Komen Race for the Cure Relay is hereby ratified.

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

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

Read by title and as read, motion by Councilman Wooley, seconded by Councilman Walford to adopt. Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, Webb, and Bowman. 6. Nays: None. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

RESOLUTION NO. 223 OF 2008

A RESOLUTION AUTHORIZING THE USE OF CERTAIN EQUIPMENT BY LOYOLA COLLEGE PREP AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

BY:

WHEREAS, the City desires to participate in programs which, directly benefit the school students and visitors of the City by participating in wholesome activities which serve to benefit the educational community; and

WHEREAS, Loyola College Prep desires to provide an educational benefit to its students by hosting the All-Schools Mass for the students; and

WHEREAS, Loyola College Prep has requested the use of certain city owned sound system and chairs during the event; and

WHEREAS, the program sponsored by Loyola College Prep provides an education opportunity to benefit the school which serves a public benefit and serves a public purpose.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, legal and regular session convened that the use of a sound system and chairs by Loyola College Prep on January 27-28, 2009 during the All-Schools Mass is hereby approved.

BE IT FURTHER RESOLVED that the use of the equipment by Loyola College Prep is conditioned upon the execution of an indemnity and hold harmless agreement by Loyola College Prep in favor of the City of Shreveport in a form acceptable to the Office of the City Attorney.

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 Long, seconded by Councilman Walford to adopt. Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, Webb, and Bowman. 6. Nays: None. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

RESOLUTION NO. 224 OF 2008

A RESOLUTION RATIFYING THE USE OF CERTAIN EQUIPMENT BY THE NORTH SHREVEPORT BUSINESS ASSOCIATION AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

BY:

WHEREAS, the North Shreveport Business Association (the “Association”) will host “The Annual Heroes Barbeque Cook-Off” on Friday, September 19, 2008 at Louisiana Technical College; and

WHEREAS, proceeds from the event will help fund the Shreveport Fire Department, Shreveport Police Department and Caddo Sheriff's Department special projects. The event will also honor local heroes from these departments; and

WHEREAS, the Association has requested use of a stage during the event and will execute an indemnity and hold harmless agreement in favor of the City of Shreveport in a form acceptable to the Office of the City Attorney; and

WHEREAS, the programs sponsored by the Association serve a public benefit and a public purpose.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, legal and regular session convened that the use of a stage by the North Shreveport Business Association for “The Annual Heroes Barbeque Cook-Off” on Friday, September 19, 2008 is hereby ratified.

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 Webb, seconded by Councilman Lester to adopt. Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, Webb, and Bowman. 6. Nays: None. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

RESOLUTION NO. 225 OF 2008

A RESOLUTION AUTHORIZING DONATION OF SURPLUS SHREVEPORT FIRE DEPARTMENT PROPERTY TO CADDO PARISH FIRE DISTRICT #7 AND OTHERWISE PROVIDING WITH RESPECT THERETO

BY:

WHEREAS, the City desires to donate eight bunker gear locker to Caddo Parish Fire District #7 which serves a public purpose and renders a public service; and,

WHEREAS, Ordinance No. 315 of 1979, requires City Council approval of an agreement made and entered into by the City of Shreveport and any person or entity, whereunder such person or entity receives a donation in return for service which serves a public purpose; and,

WHEREAS, Louisiana Constitution Article VII, Section 14 provides for the donation of surplus properties between political subdivisions engaged in public safety activities as are the parties hereto; and,

WHEREAS, Caddo Parish Fire District #7 has agreed to accept all responsibility, financial obligations and liability associated with the acceptance of this donation; and,

WHEREAS the bunker gear lockers described herein are no longer used by the Shreveport Fire Department, and are hereby deemed surplus of the City of Shreveport; and,

WHEREAS, this donation, under these circumstances, provides for the most cost effective way to dispose of the property.

THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, regular and legal session convened, that the Mayor be and is hereby authorized to execute an agreement between the City of Shreveport and Caddo Parish Fire District #7 donating eight bunker gear lockers.

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 application of this Resolution which can be given affect without the invalid provisions, items or application and to this end the provisions of this Resolution are hereby declared severable.

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

Read by title and as read, motion by Councilman Walford, seconded by Councilman Long to adopt. Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, Webb, and Bowman. 6. Nays: None. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

RESOLUTION NO. 226 OF 2008

A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A COOPERATIVE PURCHASING AGREEMENT BETWEEN THE CITY OF SHREVEPORT AND ST. CHARLES PARISH, AND OTHERWISE PROVIDING WITH RESPECT THERETO

WHEREAS, La. R.S. 39:1701 et seq. authorizes the City of Shreveport and any other subdivision of the state or public agency thereof to expend public funds for the cooperative use of supplies and services under the terms of a cooperative purchasing agreement; and

WHEREAS, the City of Shreveport and St. Charles Parish desire to enter into a cooperative purchasing agreement under the terms of a contract St. Charles Parish entered into under the terms of St. Charles Parish Bid Number X-08-365.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, in due, legal and regular session convened, that Cedric B. Glover, Mayor, be and is hereby authorized to execute an agreement between the City of Shreveport and St. Charles Parish, substantially in accordance with the draft thereof filed in the Office of the Clerk of Council on September 3, 2008 and attached hereto as Exhibit A.

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

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

Read by title and as read, motion by Councilman Webb, seconded by Councilman Walford to adopt. Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, Webb, and Bowman. 6. Nays: None. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

RESOLUTION NO. 229 OF 2008

A RESOLUTION SUSPENDING THE EFFECTS OF CERTAIN PROVISIONS OF CHAPTER 10 RELATIVE TO ALCOHOLIC BEVERAGES RELATIVE TO DISPENSING, SALE AND/OR CONSUMPTION OF LOW ALCOHOLIC CONTENT BEVERAGES FOR THE ANNUAL HIGHLAND JAZZ AND BLUES FESTIVAL LOCATED AT 600 COLUMBIA STREET AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

BY: COUNCILMAN MONTY WALFORD

WHEREAS, the Highland Area Partnership intends to sponsor the Jazz and Blues Festival fund raising activity on November 15, 2008 from 12:00 p.m. until 6:00 p.m. at 600 Columbia Street with setup beginning on November 14, 2008 at 12:00 p.m.; and

WHEREAS, the proceeds of the event will benefit the Highland Area Partnership; and

WHEREAS, the Highland Area Partnership intends to dispense and allow the sale and consumption of low content alcoholic beverages at 600 Columbia Street during its event; and

WHEREAS, certain provisions of Chapter 10 of the Code of Ordinances prohibits the sale, consumption, dispensing or otherwise of alcoholic beverages in and on public places, including streets, sidewalks, and parks unless specifically authorized by the city council or the zoning board of appeals; and

WHEREAS, the adoption of this resolution would allow the Highland Area Partnership to dispense and sale and its patrons to purchase and consume low alcoholic content alcoholic beverages at 600 Columbia Street during the event.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, legal and regular session convened that the location and permitting provisions of Chapter 10 of the Code of Ordinances are suspended on November 14 and 15, 2008 for setup of the festival with dispensing, sale, and consumption of low alcoholic content beverage beginning on November 15, 2008 from 12:00 p.m. until 6:00 p.m. at 600 Columbia Street for the Jazz and Blues Festival fund raiser to benefit the Highland Area Partnership.

BE IT FURTHER RESOLVED that all other applicable provisions of the City of Shreveport Code of Ordinances shall remain in full force and effect.

Read by title and as read, motion by Councilman Walford, seconded by Councilman Long to adopt.

Councilman Webb: Is this in a park?

Councilman Walford: Has been every year for years, 4 or 5 at least.

Councilman Shyne: I’m kinda like Councilman Webb I guess. I just, well I won’t say it. Councilman Long, are you going to be participating, or are you going to be providing some of the music?

Councilman Long: I’ve never been asked to play this event.

Councilman Walford: Might have to see that they invite him.

Councilman Shyne: There. That would be great.

Councilman Long: We would enjoy that. Some of our band members live in Highland.

Councilman Shyne: That would be great.

Councilman Walford: I will pass that onto Highland Area Partnership.

Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, and Bowman. 5. Nays: Councilman Webb. 1. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

RESOLUTION NO. 230 OF 2008

BY:

A RESOLUTION AUTHORIZING THE INSTITUTION OF EXPROPRIATION PROCEEDINGS AGAINST CERTAIN DESCRIBED PROPERTIES WITHIN THE CITY OF SHREVEPORT IN CONNECTION WITH THE SOUTHEAST SHREVEPORT WATER DISTRIBUTION IMPROVEMENTS - PHASE 2, PROJECT NO: 05-E009, PARCEL NO: U-7, AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, the City of Shreveport has developed the Southeast Shreveport Water Distribution Improvements - Phase 2, Project No: 05-E009; and

WHEREAS, the properties described in the legal descriptions, and more fully shown on the plat maps attached hereto, is situated in said development; and

WHEREAS, all attempts to amicably acquire necessary property rights to the properties comprising Parcel No: U-7 have failed; and

WHEREAS, public necessity dictates that servitude across, under and through this property be owned by the City of Shreveport for the installation of water distribution lines; and.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, regular and legal session convened, that the expropriation of this property is necessary for the public interest; therefore, the City Attorney be and he is hereby authorized to institute expropriation proceedings against the owners of record, as they might appear at the time of filing suit, of the properties described and attached hereto as Parcel No: U-7, to be acquired in permanent utility servitude for use by the City of Shreveport.

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

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

Read by title and as read, motion by Councilman Wooley, seconded by Councilman Walford to adopt. Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, and Webb. 5. Nays: Councilman Bowman. 1. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

Mr. Thompson: Mr. Chairman, based on discussions we had at the Work Session yesterday, I believe you said that Mr. Monty Walford may want to amend the agenda to move Resolution 234 to this place on the agenda so that it could be adopted.

Councilman Shyne: And I appreciate you reminding Mr. Walford of that, because he had forgotten and I can understand.

Councilman Walford: I did forget one time.

Motion by Councilman Walford, seconded by Councilman Long to amend the agenda and add Resolution No. 234 to Section 9A of the agenda. Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, Webb, and Bowman. 6. Nays: None. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

The Clerk read the following:

RESOLUTION NUMBER 234 OF 2008

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 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 said properties can be sold or donated after the City Council declares them to be surplus; and

WHEREAS, the purchasing agent has inquired of all city departments regarding the property described herein and has not received any indication that it is 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 properties are hereby declared surplus:

3.) Geographical #: 171425-056-0352

Legal Description: Lot 352, Cedar Grove Addition

Municipal address: 261 West 77^th Street

Council District: “ F”

4.) Geographical #: 171423-018-0088-00

Legal Description: Lot 88, Linwood Subdivision

Municipal address: 412 Fuller

Council District: “F”

5.) Geographical #: 171407-002-0068-00

Legal Description: That part of Lots 23 and 24, lying SE’LY of I-220, Newton Heights and that part of lots 30, 31 and 32, lying SE’LY of I-220, Newton Heights

Municipal address: 10272 None

Council District: “A”

6.) Geographical #: 181435-081-0014-00

Legal Description: Lot 14, Block 5, Mayfair Subdivision

Municipal address: 1855 Myrtle Street

Council District: “A”

7.) Geographical #: 181435-005-0024-00

Legal Description: Lots 1 & 2 , Block 9, Lakeside Park Subdivision

Municipal address: 206 Hartman

Council District: “A”

8.) Geographical #: 171330-013-0003-00

Legal Description: Lot 3, Stat Subdivision

Municipal address: 7929 None

Council District: “D”

9.) Geographical #: 171306-102-0029-00

Legal Description: Lot 15, University Heights Sub.

Municipal address: 238 Wilkinson

Council District: “B”

10.) Geographical #: 171521-014-0200-00

Legal Description: Lot 21, Greenwood Acres Subdivision

Municipal address: None

Council District: “G”

11.) Geographical #: 171416-013-0068-00

Legal Description: Lots 50, 51, & 52, College Park Subdivision

Municipal address: 5117 Roberts Street

Council District: “ F”

12.) Geographical #: 171425-083-1077-00

Legal Description: Lot 1077, Cedar Grove Addition

Municipal address: 267 East 73^rd Street

Council District: “C”

13.) Geographical #: 181434-025-0003-00

Legal Description: Lot 3, Block 11, Washington Subdivision

Municipal address: 3110 Abbie Street

Council District: “G”

14.) Geographical #: 18421-001-0225-00

Legal Description: Lot 57, Jones-Mabry Subdivision, Unit 2

Municipal address: 1710 Martin L. King Drive

Council District: “A”

15.) Geographical #: 171403-150-0038-00

Legal Description: Lot 12, Murray's Subdivision

Municipal address: 1631 San Jacinto Street

Council District: “G”

16.) Geographical #: 171425-058-0405

Legal Description: Lot 405, Cedar Grove Addition

Municipal address: 243 West 78^th Street

Council District: “F”

17.) Geographical #: 171425-108-0020-00

Legal Description: Lot 20, East Cedar Grove Sub.

Municipal address: 544 East 72^ndStreet

Council District: “D”

18.) Geographical #: 171425-044-0068-00

Legal Description: Lot 68, Cedar Grove Addition

Municipal address: 249 West 71^st Street

Council District: “F”

19.) Geographical #: 171425-056-0370-00

Legal Description: Lot 370, Cedar Grove Addition

Municipal address: 270 West 78^th Street

Council District: “F”

20.) Geographical #: 181435-113-0033-00

Legal Description: Lot 6, Block 9, Allendale Heights Subdivision

Municipal address: 1617 Weinstock

Council District: “A” - application for Donation

21.) Geographical #: 171401-024-0094-00

Legal Description: Lots 10 & 11, Gary Subdivision

Municipal address: None

Council District: “B” - application for Donation

22.) Geographical #: 181435-117-0037-00

Legal Description: Lots 28, 29, & 30 and the North 10 Feet of Abandoned Alley, Allendale Heights Subdivision

Municipal address: 1208 Pierre Avenue

Council District: “A” - application for Donation

23.) Geographical #: 171306-041-0045-00

Legal Description: West 42 Feet of Lots 1, 2 and 3 and the West 42 Feet of the North 5 Feet of Lot 4, Block 6, Howard Cole Subdivision

Municipal address: 445 Wyandotte Street

Council District: “B”

24.) Geographical #: 171306-041-0053-00

Legal Description: South 11.8 Feet of the East 67.5 Feet of Lot 5 and the East 67.5 Feet of Lots 6 and 7, Block 6, Howard Cole Subdivision

Municipal address: 101691 None

Council District: “B”

25.) Geographical #: 171306-044-0018-00

Legal Description: Lots 8 and 9, Block 9, Howard Cole Addition

Municipal address: 1823 Highland Avenue

Council District: “B”

26.) Geographical #: 171306-049-0012-00

Legal Description: Lot 12 , Block 3, Holmsville Subdivision

Municipal address: 601 Stoner

Council District: “B”

27.) Geographical #: 171306-060-0039-00

Legal Description: Lot 39, Block B, Texarkana Annex Subdivision

Municipal address: 617 Wyandotte Street

Council District: “B”

28.) Geographical #: 171306-061-0019-00

Legal Description: Lot 19, Block C, Texarkana Annex Subdivision

Municipal address: 660 Topeka Street

Council District: “B”

29.) Geographical #: 171306-094-0016-00

Legal Description: Lot 16 and the West 8 Feet of Lot 15, Block 7, University Heights Subdivision

Municipal address: 324 Robinson Place

Council District: “B”

30.) Geographical #: 171306-094-0029-00

Legal Description: West 24 Feet of Lot 13 and the East 32 Feet of Lot 14, Block 7, University Heights Subdivision

Municipal address: 312 Robinson Place

Council District: “B”

31.) Geographical #: 171306-094-0031-00

Legal Description: West 14 Feet of Lot 14 and the East 32 Feet of Lot 15, Block 7, University Heights Subdivision

Municipal address: 318 Robinson Place

Council District: “B”

32.) Geographical #: 171306-113-0013-00

Legal Description: Lot 13, Creswell & Olive Subdivision

Municipal address: 358 College Street

Council District: “B”

33.) Geographical #: 171306-152-0006-00

Legal Description: Lot 6, Creswell Town Homes Subdivision.

Municipal address: 31783 None

Council District: “B”

34.) Geographical #: 171416-048-0051-00

Legal Description: Lots 1,2,3 and the North 20’ of Lot 4, less the East 10.0 Feet thereof dedicated to Jewella Avenue and Lots 8,9, and 10, Block 2, T & P Subdivision

Municipal address: 5500 Jewella

Council District: “F”

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

BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict herewith including but not limited to Resolution Number 122 of 2006 are hereby repealed.

Read by title and as read, motion by Councilman Walford, seconded by Councilman Long to adopt. Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, and Webb. 5. Nays: Councilman Bowman. 1. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

INTRODUCTION OF RESOLUTIONS: (Not to be adopted prior to October 14, 2008)

The Clerk read the following:

1. Resolution No. 231 of 2008: A resolution stating the City of Shreveport’s endorsement of LH Commercial Real Estate Services, Inc., to participate in the benefits of the Louisiana Restoration Tax Abatement Program, and to otherwise provide with respect thereto.

2. Resolution No. 232 of 2008: A resolution authorizing the Mayor to execute an agreement with Chase Leasing Inc., and other necessary parties for the Financing of the vehicles and equipment, and otherwise providing with respect thereto.

3. Resolution No. 233 of 2008: A resolution authorizing the Mayor to execute a cooperative purchasing agreement between the Sheriff for Caddo Parish, and the City of Shreveport, and otherwise providing with respect thereto.

4. Resolution No. 235 of 2008: A resolution authorizing the Mayor to negotiate terms and conditions, and execute all contracts between the City of Shreveport and the State of Louisiana, Department of Social Services, and to otherwise provide with respect thereto.

Read by title and as read, motion by Councilman Walford, seconded by Councilman Long to introduce Resolution No(s). 231, 232, 233, and 235 of 2008 to lay over until October 14, 2008 meeting. Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, Webb, and Bowman. 6. Nays: None. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

INTRODUCTION OF ORDINANCES: (Not to be adopted prior to October 14, 2008)

The Clerk read the following:

1. Ordinance No. 116 of 2008: An ordinance authorizing the Mayor to execute a license to use space in the Shreveport Convention Center to Dallas MTA, LP., doing business as VERIZON WIRELESS, and including SMG as a party to the agreement, and to otherwise provide with respect thereto.

2. Ordinance No. 117 of 2008: An ordinance creating three (3) yield intersections within the city limits of the City of Shreveport and to otherwise provide with respect thereto. (A/Lester)

3. Ordinance No. 118 of 2008: An ordinance amending the 2008 Riverfront Special Revenue Fund Budget and otherwise providing with respect thereto.

4. Ordinance No. 119 of 2008: An ordinance amending the 2008 Budget for the Information Technology Internal Service Fund, and otherwise providing with respect thereto.

5. Ordinance No. 120 of 2008: An ordinance amending the 2008 Budget for the Public Safety Grants Special Revenue Fund, and otherwise provide with respect thereto.

6. Ordinance No. 121 of 2008: ZONING – C-57-08: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the northeast corner of Ockley and Southern Avenue, Shreveport, Caddo Parish, Louisiana from B-2, Neighborhood Business District to B-2-E, Neighborhood Business/Extended Use District limited to Outside Scooter Sales as presented in writing and verbally at the Public Hearing only, and to otherwise provide with respect thereto. (B/Walford)

Read by title and as read, motion by Councilman Walford, seconded by Councilman Long to introduce Ordinance No(s). 116, 117, 118, 119, 120, and 121 of 2008 to lay over until October 14, 2008 meeting. Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, Webb, and Bowman. 6. Nays: None. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

ORDINANCES ON SECOND READING AND FINAL PASSAGE (Numbers are assigned Ordinance Number)

The Clerk read the following:

1. Ordinance No. 69 of 2008: Authorizing the Mayor to execute an act of donation of City-Owned property to Urban Housing of America, Inc., Louisiana, and to otherwise provide with respect thereto. (Postponed September 9, 2008)

Having passed first reading on June 24, 2008 was read by title, and on motion, ordered passed to third reading. Read the third time in full and as read motion by Councilman Lester, seconded by Councilman Long to postpone until the next regular meeting. Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, Webb, and Bowman. 6. Nays: None. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

2. Ordinance No. 97 of 2008: An ordinance amending Chapter 42 of the Code of Ordinances relative to itinerate vendors and to otherwise providing with respect thereto. (E/Webb) (Postponed September 9, 2008)

Having passed first reading on August 12, 2008 was read by title, and on motion, ordered passed to third reading. Read the third time in full and as read motion by Councilman Webb, seconded by Councilman Walford to postpone until October 28, 2008. Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Wooley, Webb, and Bowman. 5. Nays: Councilman Long. 1. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

3. Ordinance No. 100 of 2008: An ordinance amending the 2008 General Fund Budget and otherwise providing with respect thereto. (Postponed September 9, 2008)

Amendment # 1 to Ordinance No. 100 of 2008

AMEND THE ORDINANCE AS FOLLOWS:

In Section 2 (Appropriations):

In General Government, decrease Transfer to Retained Risk by $900,000 and increase Operating Reserves by $900,000.

Motion by Councilman Bowman, seconded by Councilman Wooley to adopt Amendment No. 1 to Ordinance No. 100 of 2008.

Councilwoman Bowman: Mr. Chairman, let me explain?

Councilman Walford: Yeah, please.

Councilwoman Bowman: I’m requesting the Council Members to adopt this amendment. If the Administration decides to decrease this amount by $500,000 in another budget ordinance. I’m requesting them to provide a complete explanation to include: We need you to tell us the amount - - - oh, this is the Retained Risk. I acknowledge the fact that the Retained Risk Fund is complicated and we probably need additional information concerning the accounting requirements. If these funds are really needed in Retained Risk Fund, the Administration can prepare another budget ordinance, and use the period between meetings to convince the Council that the ordinance should be adopted. In other words, we just need additional information.

Councilman Walford: Mr. Chairman, let me just make sure I get a clarification. A ‘YES’ vote does not move the $900,000. Is that correct?

Councilwoman Bowman: That’s correct.

Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, Webb, and Bowman. 6. Nays: None. Did not cast a vote: Councilman Shyne (Mayor Pro Tem) The Clerk read the following:

Amendment # 2 to Ordinance No. 100 of 2008,

AMEND THE ORDINANCE AS FOLLOWS:

In Section 2 (Appropriations):

In General Government, increase Transfer to MPC Fund by $60,000 and decrease Operating Reserves by $60,000.

Mr. Thompson: This concerns the Metropolitan Planning Commission’s budget and Mr. Kirkland gave some explanations yesterday.

Councilwoman Bowman: He did, so therefore, I remove that amendment.

Councilman Webb: Second.

Mr. Thompson: You just want to withdraw that amendment?

Councilwoman Bowman: I want to withdraw that amendment.

Mr. Thompson: That won’t be necessary to vote on it, we’ll just withdraw it.

The Clerk read the following:

Amendment # 3 to Ordinance No. 100 of 2008

AMEND THE ORDINANCE AS FOLLOWS:

In Section 2 (Appropriations):

In General Government, decrease Other Charges by $500,000 and increase Operating Reserves by $500,000.

Motion by Councilman Bowman, seconded by Councilman Wooley to adopt Amendment No. 3 to Ordinance No. 100 of 2008.

Councilman Shyne: I think we got some comments on this one.

Councilwoman Bowman: Right, and I got confused on the other one. I’m requesting the Council Members to adopt this amendment, and as I said previously Mr. Dark, if the Administration decides to increase this amount by $500,000 in another budget ordinance, I am requesting you to provide a complete explanation to include amount budgeted and other charges, a list of expenditures to date, a list of expected expenditures through December 31, 2008, and a history of expenditures from prior years from other charges. And again, we just need this information.

Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, Webb, and Bowman. 6. Nays: None. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

Motion by Councilman Bowman, seconded by Councilman Long to adopt Ordinance No. 100 of 2008 as amended. Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, Webb, and Bowman. 6. Nays: None. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

Mr. Thompson: I believe 101 needs to be withdrawn.

Mr. Dark: Based on the vote you just did, 101 and 102 no longer serve any purpose because they’re the companions to the one you just did. Oh excuse me, 101 is.

Councilman Walford: 102 since you withdrew the amendment.

Councilwoman Bowman: Right.

Councilman Walford: So I make a motion to adopt 102.

Councilwoman Bowman: Second.

5. Ordinance No. 102 of 2008: An ordinance amending the 2008 Budget for the Metropolitan Planning Commission’s Special Revenue Fund, and otherwise providing with respect thereto. (Postponed September 9, 2008)

Having passed first reading on August 26, 2008 was read by title, and on motion, ordered passed to third reading. Read the third time in full and as read motion by Councilman Walford, seconded by Councilman Bowman to adopt. Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, Webb, and Bowman. 6. Nays: None. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

Mr. Thompson: I believe that on 101, we either need to adopt or withdraw it.

Councilwoman Bowman: Move to withdraw.

4. Ordinance No. 101 of 2008: An ordinance amending the2008 Budget for the Retained Risk Internal Service Fund and otherwise providing with respect thereto. (Postponed September 9, 2008)

Having passed first reading on August 26, 2008 was read by title, and on motion, ordered passed to third reading. Read the third time in full and as read motion by Councilman Bowman, seconded by Councilman Walford to withdraw Ordinance No. 101 of 2008. Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, Webb, and Bowman. 6. Nays: None. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

6. Ordinance No. 103 of 2008: An ordinance amending the 2008 Budget for the Fleet Services Internal Service Fund, and otherwise providing with respect thereto. (Postponed September 9, 2008)

Councilwoman Bowman: Yes sir, Mike Strong speaks up for what he wants. Okay? It’s just really needed.

Councilman Strong: Mike, I’ve been here for a little while, I have not been a member of this Council as long as some of these people have, but I’m glad to know that you do speak up for yourself, so I’ll know who to start coming to. These people who’ve been down here for a long time like Walford, and Webb, and Lester, I’m learning from them. I’m learning who to come to.

Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, Webb, and Bowman. 6. Nays: None. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

7. Ordinance No. 112 of 2008: Ann ordinance amending and replacing Section 90-198, Maximum Limits on specific streets, and otherwise providing with respect thereto.

Having passed first reading on September 9, 2008 was read by title, and on motion, ordered passed to third reading. Read the third time in full and as read motion by Councilman Long, seconded by Councilman Walford to adopt.

Councilman Webb: What are we replacing them to?

Councilman Long: 25.

Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, Webb, and Bowman. 6. Nays: None. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

8. Ordinance No. 113 of 2008: An ordinance creating and establishing the intersection of East Wilderness Way and Dumbarton Drive as a yield intersection, and to otherwise provide with respect thereto. (D/Wooley)

Having passed first reading on September 9, 2008 was read by title, and on motion, ordered passed to third reading. Read the third time in full and as read motion by Councilman Wooley, seconded by Councilman Webb to adopt. Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, Webb, and Bowman. 6. Nays: None. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

9. Ordinance No. 114 of 2008: Amending and replacing various provisions of Chapter 94, Article IV of the Code of Ordinances pertaining to the City’s Industrial Wastewater Pretreatment Program, in order to comply with directives from the U.S. EPA and Louisiana DEQ, and otherwise providing with respect thereto.

Amendment No. 1 to Ordinance No. 114 of 2008

Amend Sections 94-128, 94-129, 94-131, and 94-133 by inserting the word “Liquid” before the term “Waste Hauler.”

Motion by Councilman Wooley, seconded by Councilman Long to adopt Amendment No. 1 to Ordinance No. 114 of 2008. Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, Webb, and Bowman. 6. Nays: None. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

Motion by Councilman Wooley, seconded by Councilmen Walford and Long to adopt Ordinance No. 114 of 2008 as amended. Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, Webb, and Bowman. 6. Nays: Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

10. Ordinance No. 115 of 2008: Requiring a permit for use of municipal property for business operations in the City of Shreveport; requiring the provision of certain information prior to issuance of such permit; and otherwise providing with respect thereto.

Having passed first reading on September 9, 2008 was read by title, and on motion, ordered passed to third reading. Read the third time in full and as read motion by Councilman Lester, seconded by Councilman Walford to postpone until the next regular meeting. Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, Webb, and Bowman. 6. Nays: None. Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

11. Ordinance No. 108 of 2008: ZONING C-56-08: 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 Greenwood Road, 460 feet west of Marston, 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. (A/Lester) (Postponed September 9, 2008)

12. Ordinance No. 109 of 2008: ZONING - APPEAL C-59-08 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 Line Avenue, 150 feet north of East 72^nd Street, Shreveport, Caddo Parish, Louisiana from R-1H, Urban, One-Family Residence Use District to B-2, Neighborhood Business District, and to otherwise provide with respect thereto. (D/Wooley) (Postponed September 9, 2008)

Councilman Wooley: Move to overturn the MPC’s decision.

Councilman Long: Second.

Ms. Glass: Mr. Chairman, this is an ordinance, so normally the way we do it is you would ask - - - I think what you were wanting is to go ahead and do the rezoning. So you would ask for adoption of the ordinance. We would also note that because it was denied by the MPC, it will take five votes. The State statute says that two-thirds vote of the entire membership of the City Council, which I think would mean five votes, even though Mr. Shyne is not voting today.

Councilman Wooley: Motion to adopt.

Councilman Long: Second.

Councilman Wooley: Yes, thank you Mr. Chairman. I believe Mr. Howard? Are you here? Would you come forward please? I spoke to Mr. Howard in regards to this, and to my understanding there were concerns about this establishment simply because some residents in the area saw a pool table go inside the facility, a Coke machine go inside the facility. Mr. Howard here, is trying to open up a barber shop, if I remember correctly in saying that. But that was just a temporarily holding place because he had purchased those things or received those things for some work he had done. The items have been moved from the facility. It is on Line Avenue in a commercial area. I think it would be well for the area. We sat down and talked. We went out to the facility. This gentleman is working very hard to put together a very fine establishment. So I just wanted him to come before the Council in introduce himself and just say a few comments. Thank you. Mr. Howard?

Mr. Jerome Howard: (255 73^rd Street) Thanks you Mr. Wooley. I was trying to open up a barber shop at 7121 Line Avenue. I have been working pretty hard, and Mr. Wooley has come and sit down and talk with me. He’s seen the progress I’ve been making and I really would appreciate a full approval.

Councilman Shyne: Mr. Howard, I have a couple of friends who up here if you can do a little tinting, I might ask to come by and see if you can do a little tint on them.

Mr. Howard: We can make sure that can happen.

Councilman Shyne: It might make a couple of them look a little younger.

Councilwoman Bowman: Tell them to get a bottle of Grecian Formula, that might work.

Councilman Wooley: Thank you Mr. Howard, and I would encourage a ‘YES’ vote please.

Motion approved by the following vote: Ayes: Councilmen Lester, Walford, Long, Wooley, Webb, and Bowman. 6. Nays: None Did not cast a vote: Councilman Shyne (Mayor Pro Tem)

Councilman Shyne: This has been adopted with a 6-0 vote and Councilman Wooley, I would have voted with you if I had the opportunity, but you know how Dale Sibley is always thinking.

Councilman Wooley: Thank you Mr. Chairman.

Councilman Shyne: Thank you Dale.

The adopted ordinances and amendments follow:

ORDINANCE NO. 100 OF 2008

AN ORDINANCE AMENDING THE 2008 GENERAL FUND BUDGET AND OTHERWISE PROVIDING WITH RESPECT THERETO.

BY:

WHEREAS, the City Council finds it necessary to amend the 2008 budget for the General Fund.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport, in legal session convened, that Ordinance No. 162 of 2007, the 2008 General Fund budget, is hereby amended as follows:

In Section 1 (Estimated Receipts):

Decrease Taxes and Special Assessments by $1,758,000, External Service Charges by $55,000, Interest Earnings by $225,000 and Prior-Year Fund Balance by $5,985,300.

In Section 2 (Appropriations):

In Office of the Mayor, decrease Personal Services by $70,000. Increase Materials and Supplies by $5,000.

In Public Assembly and Recreation, increase Personal Services by $225,000, Materials and Supplies by $50,000, Contractual Services by $90,000 and Transfer to Fleet Services by $20,000.

In Finance, decrease Personal Services by $40,000 and Contractual Services by $40,000.

In General Government, decrease Transfer to MPC Fund by $60,000 and Operating Reserves by $9,293,300. Increase Other Charges by $500,000, Transfer to Retained Risk Fund by $900,000 and Transfer to SporTran Fund by $800,000.

In Police, decrease Personal Services by $1,800,000. Increase Materials and Supplies by $450,000 and Transfer to Fleet Services by $100,000.

In Fire, decrease Personal Services by $360,000. Increase Materials and Supplies by $300,000 and Contractual Services by $60,000.

In Operational Services, decrease Improvements and Equipment by $500,000. Increase Materials and Supplies by $200,000, Contractual Services by $230,000 and Transfer to Fleet Services by $250,000.

In City Courts, decrease Personal Services by $40,000.

In City Marshal, decrease Personal Services by $30,000 and increase Materials and Supplies by $30,000.

Adjust totals and subtotals accordingly.

BE IT FURTHER ORDAINED that the remainder of Ordinance No. 162 of 2007 shall remain unchanged and in full force and effect.

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

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

Amendment # 1 to Ordinance No. 100 of 2008

AMEND THE ORDINANCE AS FOLLOWS:

In Section 2 (Appropriations):

In General Government, decrease Transfer to Retained Risk by $900,000 and increase Operating Reserves by $900,000.

Amendment # 3 to Ordinance No. 100 of 2008

AMEND THE ORDINANCE AS FOLLOWS:

In Section 2 (Appropriations):

In General Government, decrease Other Charges by $500,000 and increase Operating Reserves by $500,000.

ORDINANCE NO. 102 OF 2008

AN ORDINANCE AMENDING THE 2008 BUDGET FOR THE METROPOLITAN PLANNING COMMISSION’S SPECIAL REVENUE FUND AND OTHERWISE PROVIDING WITH RESPECT THERETO.

BY:

WHEREAS, the City Council finds it necessary to amend the 2008 budget for the Metropolitan Planning Commission’s Special Revenue Fund.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport, in legal session convened, that Ordinance No. 168 of 2007, the 2008 budget for the Metropolitan Planning Commission’s Special Revenue Fund, be amended as follows:

In Section 1 (Estimated Receipts):

Increase External Service Charges and Fees by $30,000. Decrease Operating Subsidy - Transfer from General Fund by $60,000.

In Section 2 (Appropriations):

Decrease Personal Services by $30,000.

Adjust totals and subtotals accordingly.

BE IT FURTHER ORDAINED that the remainder of Ordinance No. 168 of 2007, as amended, 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 sections of the ordinance which can be given effect without the invalid provisions, items or applications; and, to this end, the provisions of this ordinance are hereby declared to be severable.

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

ORDINANCE NO. 103 OF 2008

AN ORDINANCE AMENDING THE 2008 BUDGET FOR THE FLEET SERVICES INTERNAL SERVICE FUND AND OTHERWISE PROVIDING WITH RESPECT THERETO.

BY:

WHEREAS, the City Council finds it necessary to amend the 2008 budget for the Fleet Services Internal Service 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. 169 of 2007, the 2008 budget for the Fleet Services Internal Service Fund, be amended as follows:

In Section 1 (Estimated Receipts):

Increase Transfer from General Fund by $370,000.

Increase Transfer from Community Development Fund by $12,100.

In Section 2 (Appropriations):

Increase Materials and Supplies by $300,000 and Contractual Services by $82,100.

Adjust totals and subtotals accordingly.

BE IT FURTHER ORDAINED that the remainder of Ordinance No. 169 of 2007, as amended, shall remain unchanged and in full force and effect.

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

ORDINANCE NO. 109 OF 2008

BY:

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 LINE AVENUE, 150 FEET NORTH OF EAST 72 ND STREET, SHREVEPORT, CADDO PARISH, LOUISIANA, FROM R-1H, URBAN, ONE-FAMILY RESIDENCE USE DISTRICT TO B-2, NEIGHBORHOOD 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 after having earlier been considered and denied at a public hearing by the Shreveport Metropolitan Planning Commission of Caddo Parish, Louisiana, that the zoning classification of property located on the east side of Line Avenue, 150 feet north of East 72 nd Street, Shreveport, Caddo Parish, Louisiana, legally described below, be and the same is hereby changed from R-1H, Urban, One-Family Residence Use District to B-2, Neighborhood Business District:

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

1. Development of the property shall be in 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. 112 OF 2008

AN ORDINANCE AMENDING AND REPLACING SECTION 90-198, MAXIMUM LIMITS ON SPECIFIC STREETS, AND OTHERWISE PROVIDING WITH RESPECT THERETO.

BY:

BE IT ORDAINED by the City Council of the City of Shreveport in due, regular and legal session convened that Section 90-198 of the Code of Ordinances for the City of Shreveport pertaining to Traffic and Vehicles, Maximum Limits on Specific Streets, is hereby amended and replaced to read as follows:

Sec. 90-198. Maximum limits on Specific Streets.

* * * * * * * * * * *

Speed

Limit

Street Extent (mph)

* * * * * * * * * * *

Gilbert Drive From 70^th Street (La. 511) Spring Lake Drive 25

* * * * * * * * * * *

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 other ordinances or resolutions or parts thereof in conflict herewith are hereby repealed.

ORDINANCE NO. 113 OF 2008

AN ORDINANCE TO CREATE AND ESTABLISH THE INTERSECTION OF EAST WILDERNESS WAY AND DUMBARTON DRIVE AS A YIELD INTERSECTION

AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

BY:

BE IT ORDAINED by the City Council of the City of Shreveport in

legal and regular session convened to create and establish the intersection of East Wilderness

Way and Dumbarton Drive as a yield intersection. East Wilderness Way shall yield to

Dumbarton 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. 114 OF 2008

AN ORDINANCE AMENDING AND REPLACING VARIOUS PROVISIONS OF CHAPTER 94, ARTICLE IV OF THE CODE OF ORDINANCES PERTAINING TO THE CITY’S INDUSTRIAL WASTEWATER PRETREATMENT PROGRAM, IN ORDER TO COMPLY WITH DIRECTIVES FROM THE U. S. EPA AND LOUISIANA DEQ, AND OTHERWISE PROVIDING WITH RESPECT THERETO

By:

WHEREAS, the U. S. Environmental Protection Agency (“EPA”) and Louisiana Department of Environmental Quality (“DEQ”) have recently adopted new provisions pertaining to their programs for regulating discharges of industrial wastewater to publicly owned wastewater treatment systems;

WHEREAS, these new EPA and DEQ provisions require changes to various sections of the City of Shreveport’s industrial pretreatment ordinances, located in Chapter 94, Article IV of the City’s Code of Ordinances 94, Article IV;

WHEREAS, City staff has determined that various other provisions of the City’s industrial pretreatment ordinances need to be modified in order to correct clerical errors and/or make other administrative changes which will improve the effectiveness of the ordinances; and

WHEREAS, for the reasons set forth above, the following amendments have been prepared by City staff and have been submitted to and approved by the DEQ;

NOW, THEREFORE, BE IT RESOLVED by the City Council of Shreveport, in due, regular and legal session convened, that various provisions of Chapter 94, Article IV of the Code of Ordinances of the City of Shreveport are hereby amended and replaced to read as follows:

Sec. 94-114. Definitions and abbreviations.

(a) Definitions. For the purpose of this article, the following words and phrases shall have the meanings scribed to them in this section except where the context clearly indicates a different meaning.

* * * * * * * * * * *

Best Management Practices or BMPs mean schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR Part 403.5(a)(1) and (b). BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage;

BOD, denoting biochemical oxygen demand, shall mean the quantity of oxygen utilized in the biochemical oxidation or organic matter under standard laboratory procedure in five days at 20ْ C, expressed in milligrams per liter term of mass and concentration.

* * * * * * * * * * *

Significant noncompliance shall be defined as set forth in 40 CFR Part 403.8(f)(2)(viii) and its revisions. Criteria used by control and approval authorities to identify important violations and/or patterns of noncompliance. This criteria is used to establish enforcement priorities and comply with special reporting requirements.

Slug shall mean any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, local limits or Permit conditions.

* * * * * * * * * * *

Sec. 94-119. Prohibited discharge standards.

* * * * * * * * * * *

(2) Specific Prohibitions. The following pollutants, substances, or wastewater are hereby prohibited, and shall not be stored, processed, or hauled in such a manner that they could be discharged to the POTW.

* * * * * * * * * * *

o. Unusual concentrations of inert suspended solids, such as but not limited to fuller’s earth lime slurries, and lime residues, or of dissolved solids, such as but not limited to sodium chloride and sodium sulfate;

* * * * * * * * * * *

(3) Specific Pollutant limitations. The following pollutant limits are established to protect against pass through and interference. These limits apply at the point where the user’s wastewater is discharged to the sanitary sewer system. All concentrations for metallic substances are for “total” metal unless indicated otherwise. The authority may impose mass limitations in addition to, or in place of, the concentration-based limitations. Following are the technical based local limits.

* * * * * * * * * * *

Total toxic organics (TTO) for all categoricals shall be regulated according to the definition for that point source as established by EPA. All other facilities shall be regulated according to the definition of Metal Finishing Point Source Category as established by EPA in 40 CFR Part 433.11(e).

* * * * * * * * * * *

Sec. 94-121. Compliance with pretreatment standards.

* * * * * * * * * * *

Sec. 94-125. Analytical requirements.

All pollutant measurements, tests, and analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, and Part 403.12 as applicable, and amendments unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.

* * * * * * * * * * *

(3) Record keeping. Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article, including documentation associated with Best Management Practices, and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the authority.

* * * * * * * * * * *

Sec. 94-128. Waste Hauler permit required.

Haulers of septage or grease trap waste which is generated within the City limits of Shreveport or the Cross Lake Watershed, or which will be discharged within the City limits or the Cross Lake Watershed, must have a Waste Hauler permit issued by the City of Shreveport. The permit may be revoked or suspended if the person ceases to meet any of the requirements within the permit or violates any provisions of this chapter.

* * * * * * * * * * *

Sec. 94-129. Fees for Waste Hauler permits.

The fee for issuance of a Waste Hauler permit shall be established by the director and published in a schedule.

* * * * * * * * * * *

Sec. 94-130. Grease trap waste regulations.

(a) Purpose. To regulate all generators, collector/transporters, transfer/receiving stations and disposal facilities that operate within the Cross Lake Watershed and/or are connected to the city's sewerage system as it relates to grease trap waste.

(b) Authority.

(1) Code of Ordinances of the City of Shreveport, chapter 94, article IV, Sanitary Sewer Service, as it relates to the city's pretreatment regulations.

(2) United States EPA pretreatment regulation, 40 CFR 403.1(b) and 403.5 covered by pretreatment standards.

(1) Generator.

a. Must have an approved city permit that ensures that all discharges into the POTW are in accordance with the pretreatment regulations.

b. Must ensure that the collection system is kept clean and sanitary and is properly functioning at all times.

c. Must ensure that the collector/transporter is permitted by the city.

d. Must supervise the cleaning of the system.

e. Must manifest all waste that is being removed offsite for treatment and/or disposal and that all completed manifests are kept on site for at least three years. Manifests to be only city approved manifests.

f. Must ensure that all waste removed be disposed of and/or treated at an approved, licensed or permitted facility that meets all local, state, and federal rules or regulations.

(2) Collector/transporter.

a. Must have an approved city permit if the waste is collected or disposed of within the city limits or within the Cross Lake Watershed.

b. Vehicles utilized for collection and transportation must be properly sized, water tight containers, and equipped with proper equipment to handle the transfer of the waste.

c. Must use city approved manifests and only one manifest is to be utilized for each business collected per event. Copy of completed manifest to be submitted to the city and the generator with one copy kept on file.

d. Collected waste shall be disposed of at an approved licensed or permitted facility that meets all local, state and federal rules and regulations.

(3) Transfer/receiving station.

a. Must have a city approved permit prior to accepting waste if facility is located within the city limits or within the Cross Lake Watershed.

b. When accepting waste generated within the city and/or the Cross Lake Watershed, the waste must be manifested on a city approved manifest.

(4) Disposal facility.

a. Must have a city approved permit prior to accepting waste if located within the city limits or within the Cross Lake Watershed.

b. Can only accept waste that is manifested on a city approved manifest.

c. Must ensure that all discharges are in compliance with the pretreatment program, NPDES permit or LPDES permit.

(5) City of Shreveport.

a. Responsible for enforcing the pretreatment standards.

b. Reviews and approves all permits in accordance with the pretreatment program.

c. Inspects all permitted facilities to determine compliance.

* * * * * * * * * * *

Sec. 94-131. Discharge of septage.

(a) No user shall discharge or cause to be discharged any septage into the city sewage works except effluent or contents originating within Caddo Parish.

(b) Septage may be introduced into the POTW only at locations designated by the authority, and at such times as are established by the authority. Such waste shall not violate section 94-119 of this article or any other requirements established by the city. The authority shall require septage haulers to obtain Waste Hauler permits.

(c) No hauled septage from an industry shall be accepted at the POTW nor discharged at any other point in the sanitary sewer system.

(d) Septage haulers may discharge loads only at locations designated by the authority. No load may be discharged without prior consent of the authority. The authority may collect samples of each hauled load to ensure compliance with applicable standards. The authority may require the septage hauler to provide a waste analysis of loads prior to discharge.

(e) Septage haulers must provide a waste-tracking form for every load. This form shall be designed by the city and a part of the Waste Hauler permit. The form shall identify the origin of the wastes.

* * * * * * * * * * *

Sec. 94-132. Transportation and testing of hauled waste.

All hauled waste shall be transported in watertight tanks. No waste may be spilled or leaked while the waste is being handled, transported, stored or discharged. The department may test any waste prior to discharge for abnormal and hazardous substances and refuse to allow that waste to be discharged.

* * * * * * * * * * *

Sec. 94-133. Inspection and marking of vehicles carrying septage.

No person shall discharge or cause to be discharged any septage under a Waste Hauler permit as required by section 94-128 unless the vehicle carrying the waste has been inspected and approved by the Caddo-Shreveport health unit and the vehicle's tank capacity in gallons is clearly marked or identified on the tank.

* * * * * * * * * * *

Sec. 94-134. Right of entry, inspection and sampling.

* * * * * * * * * * *

(1) The authority shall sample all categoricals and significant industrial users at least once per year in accordance with 40 CFR 403.8(f)(2)(v).

(2) All categoricals and significant industrial users shall sample their discharge and report to the authority at a frequency determined by the authority, but in no case less than once every six months in accordance with the requirements of 40 CFR 403.12(e), (g) and (h).

(3) All other users requiring monitoring shall monitor at least once per year.

* * * * * * * * * * *

Sec. 94-136. Accidental discharge/slug control plans.

The authority shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan within one year of being designated a Significant Industrial User. The permit may require any user to develop, submit for approval, and implement such a plan. Alternatively, the authority may develop such a plan for any user. Significant Industrial Users are required to notify the POTW immediately of any changes at its facility affecting potential for a Slug Discharge. An accidental discharge/slug control plan shall address, at a minimum, the following:

(1) Description of discharge practices, including nonroutine batch discharges;

(2) Description of stored chemicals;

(3) Procedures for immediately notifying the authority (318-673-7690) of any accidental or slug discharge, as required by the discharge permit; and

(4) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

* * * * * * * * * * *

Sec. 94-137. Reporting.

The following reports shall be required when applicable. The reports and other documents are:

(1) Baseline monitoring reports. Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the authority a report which contains the information listed in subsection (2) below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the authority a report which contains the information listed in subsection (2) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged. Users described in subsection (1) herein, shall submit the information set forth below.

* * * * * * * * * * *

e. Measurement of pollutants.

* * * * * * * * * * *

(ii) The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the authority, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. In cases where compliance with a Best Management Practice or pollution prevention alternative is required, the User shall submit documentation as required by the Control Authority to determine the compliance status of the User. The sample shall be representative of daily operations and shall be analyzed in accordance with analytical procedures.

* * * * * * * * * * *

(4) Periodic compliance reports.

a. All significant industrial users shall, at a frequency determined by the authority but in all cases at least once every six months, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where compliance with a Best Management Practice or pollution prevention alternative is required, the User shall submit documentation as required by the Control Authority to determine the compliance status of the User. All periodic compliance reports must be signed and certified in accordance with this article.

* * * * * * * * * * *

(8) Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the authority within 24 hours of becoming aware of the violation. The user shall, at a minimum, and in addition to any other required corrective action specified by the Control Authority, also repeat the sampling and analysis and submit the results of the repeat analysis to the authority within 30 days after becoming aware of the violation. If the authority monitors at the user's facility at least once per month, or between the user's initial sampling and the time when the user receives the results of this sampling, then the user may not be required to resample.

* * * * * * * * * * *

Sec. 94-138. Permits required.

(a) Industrial users other than restaurants. Industrial users other than restaurants shall be required to obtain a wastewater discharge permit, and shall not commence any construction, modification or addition to any industrial facility which discharges or will discharge industrial waste without first submitting a discharge permit application.

* * * * * * * * * * *

(2) Wastewater discharge permit contents. Wastewater discharge permits shall include such conditions as are deemed reasonably necessary by the authority to prevent pass through or interference, protect the quality of the receiving water body, the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

a. Wastewater discharge permits shall contain, but are not limited to:

(i) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;

(ii) A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with this article, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

(iii) Effluent limits based on categorical standards, local limits, and other state and local standards;

(iv) Self monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;

(v) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law;

(vi) Requirements to control Slug Discharges, if determined by the POTW to be necessary; and

(vii) Any Best Management Practices required by the Federal, State, or local authorities and documentation of compliance therewith.

* * * * * * * * * * *

(5) Wastewater discharge permit transfer. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives advance notice to the authority and the authority approves the wastewater discharge permit transfer. The notice to the Authority must include a "written certification" by the new owner or operator which:

a. States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;

b. Identifies the specific date on which the transfer is to occur; and

c. Acknowledges full responsibility for complying with the existing wastewater discharge permit.

* * * * * * * * * * *

(b) Restaurants. Restaurants must obtain coverage under a general permit issued by the city’s department of operational services in order to be authorized to discharge wastewater into the sanitary sewer system. Permit coverage shall be obtained as follows:

* * * * * * * * * * *

(4) Coverage under the general permit is non-transferable.

(c) No permit shall be granted or renewed unless the industrial user seeking the permit has first obtained all licenses and permits to operate the facility in question from all applicable local, state and/or federal agencies as may be required by local, state or federal law or regulation, and no permit shall be granted or renewed if there are any fines or delinquent payments owed by the user to the City.

* * * * * * * * * * *

Sec. 94-139. Publication of users in significant noncompliance.

The city shall publish annually, in the largest daily newspaper published in the municipality, a list of the users which, during the previous 12 months, were in significant noncompliance as defined in this Article.

* * * * * * * * * * *

Sec. 94-142. Enforcement.

(a) Administrative enforcement.

* * * * * * * * * * *

(4) Compliance orders. When the city finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize that amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

* * * * * * * * * * *

(6) Administrative fines.

* * * * * * * * * * *

c. The authority may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine. In addition to fines, the user may be required to reimburse the City for other expenses associated with enforcement activities, including sampling and monitoring activities, and the cost of any actual damages incurred by the City.

* * * * * * * * * * *

(9) Appeals of administrative enforcement actions. Users desiring to dispute any enforcement actions must file a written appeal with the Comprehensive Environmental Board of Appeals in accordance with the procedures established by the Board. A timely and properly filed appeal shall suspend the effect of the action appealed until the Board has ruled on the appeal, except for actions taken in order to stop an actual or threatened discharge determined by the Director of the Department of Operational Services to present or cause imminent or substantial endangerment to the health or welfare of persons, the operation of the POTW, or the environment.

* * * * * * * * * * *

BE IT FURTHER ORDAINCED 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.

Amendment No. 1 to Ordinance No. 114 of 2008

Amend Sections 94-128, 94-129, 94-131, and 94-133 by inserting the word “Liquid” before the term “Waste Hauler.”

UNFINISHED BUSINESS:

Councilman Shyne: Okay Mr. Thompson, I believe we got through with our Unfinished Business on yesterday, am I correct?

Councilman Lester: Question Mr. Chairman. I have a question procedurally to Mr. Thompson. If a member wanted to take something off of Unfinished Business, would it - - - does that require just a majority vote, or does it require a two-thirds vote?

Mr. Thompson: Just a majority vote.

Councilman Lester: Okay, thank you. Thank you Mr. Chairman.

Councilman Shyne: Is there a piece of legislation you would - - -?

Councilman Lester: Just for informational purposes Mr. Chairman.

1. Ordinance No. 204 of 2006: An ordinance amending the 2006 Budget for the Riverfront Development Special Revenue fund and otherwise providing with respect thereto. (Disparity Study) (A/Lester) (Introduced November 14, 2006 – Tabled December 12, 2006)

2. Ordinance No. 205 of 2006: An ordinance amending the 2006 Capital Improvements Budget and otherwise providing with respect thereto. (Introduced November 14, 2006 – Tabled December 12, 2006)

3. Resolution No. 51 of 2007: A resolution supporting the Employee Free Choice Act, and to otherwise provide with respect thereto. (Tabled May 8, 2007)

4. Ordinance No. 122 of 2006: Amending portions of Chapter 90 of the Code of Ordinances relative to traffic and vehicles and to otherwise provide with respect thereto. (A/Lester) (Tabled September 11, 2007)

5. Ordinance No. 32 of 2008: An ordinance to amend and reenact portions of Division 3 of Article V of Chapter 26 of the Code of Ordinances relative to Retained Risk and to otherwise provide with respect thereto. (Tabled April 22, 2008)

6. Ordinance No. 24 of 2008: Amending Chapter 42 of the City of Shreveport Code of Ordinances to add Article XI relative to operation of a rendering plant or transfer center within the City of Shreveport and to otherwise provide with respect thereto. (Tabled May 13, 2008)

7. Ordinance No. 40 of 2008: Amending and reenacting Section 26-211 of the Code of Ordinances relative to City Contracts, and to otherwise provide with respect thereto. (B/Walford) (Tabled May 27, 2008)

8. Ordinance No. 58 of 2008: ZONING - C-25-08: Amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the west side of N. Market, 3,322 feet north of Martin Luther King Drive, 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. (A/Lester) (Tabled July 8, 2008)

10. Ordinance No. 83 of 2008: ZONING: C-35-08 Amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the north side of Hilry Huckaby, 1800’ south of North Lakeshore, Shreveport, Caddo Parish, Louisiana, from B-3-E , Community Business/Extended District, to B-3-E, Community Business/Extended Use District Limited to “an office, equipment storage yard, with the addition of stockpile materials (wood chips/recyclable wood products” only, and to otherwise provide with respect thereto. (A/Lester) (Tabled August 26, 2008)

11. PROPERTY STANDARDS APPEALS:

Councilman Shyne: I think we got through with all of those on yesterday, right Mr. Thompson?

Mr. Thompson: That’s correct.

HBO0700145 – 426 Woodrow, Shreveport, LA (F/Shyne) Ms. Carolyn Miller, 424 Woodrow, Shreveport, LA 71105 (C/Long) (Tabled August 25, 2008)

HBO0700081 – 1062 Dalzell Street, Shreveport, LA (B/Walford) Mr. Stanley W. Burke, III, 8848 Youree Drive, Shreveport, LA 71115 (D/Wooley)(Postponed September 8, 2008 until October 13, 2008)

HBO0700137 – 1919 Walnut Street, Shreveport, LA (A/Lester); Mr. Warren Reddix, 4463 Lakeshore Dr., Shreveport, LA 71109 (G/Bowman) (Postponed August 25, 2008 until October 27, 2008)

PSD0700065 - 2513 Dupont Street, Shreveport, LA (B/Walford); Mr. David Bates, 2509 Dupont Street, Shreveport, La 71103 (B/Walford) (Postponed July 7, 2008 until September 22, 2008) DECISION RENDERED September 22, 2008

PSD0700243 - 129 Stoner Ave, Shreveport, LA (B/Walford); Ms. Maria Orellana, 909 Anthony, Bossier City, LA 71112)(Postponed August 11, 2008 until November 10, 2008)

PSD0700170 – 610 Terrell Drive (D/Wooley); Mr. Bobby Player, 3110 Logan Street, Shreveport, LA 71103 (G/Bowman) (Postponed August 11, 2008 until September 22, 2008) DECISION RENDERED September 22, 2008

PSD0700347 – 4129 Theo Street/4709 Norton (F/Shyne): Mr. Johnny Myles, 1041 Sheridan Street, Shreveport, La 71104 (B/Walford) (Postponed May 12, 2008 until November 10, 2008)

PSD0700058: 557 Egan Street, Shreveport, LA (B/Walford) Mr. Daniel Markulus, 853 Place, Shreveport, LA (B/Walford) (Postponed June 23, 2008 until September 22, 2008) DECISION RENDERED September 22, 2008

PSD0700214: 2732 Logan Street. Shreveport, LA (G/Bowman) Willie Roberson, 6915 Quilen Rd, Shreveport, LA (E/Webb) (Postponed July 7, 2008 until September 22, 2008) DECISION RENDERED September 22, 2008

PSD0700131: 1530 Arlington, Good Samaritan Funeral Home, Inc., Shreveport, La (A/Lester) Mr. Winnifred Jackson, 2200 Laurel St, Shreveport, La (A/Lester) (Tabled June 9, 2008)

PSD0800194: 2031 Ice Cream St., Shreveport, LA 71107 (A/Lester) Mr. Roosevelt Hicks, Jr., 1704 Bonnie Street, Shreveport, LA 71107 (A/Lester) (Postponed August 11, 2008 until October 27, 2008)

NEW BUSINESS

Councilman Shyne: New Business?

Mr. Thompson: We have nothing to take up at this time Mr. Chairman.

PSD0600413 – 2330 Darien Street, Shreveport, LA 71103 (G/Bowman) Ms. Thressa Lovelace French, 2401 Darien Street, Shreveport, LA 71103 (G/Bowman) DECISION RENDERED September 22, 2008

PSD0600117 – 7024 S. Lakeshore Drive, Shreveport, LA (G/Bowman) Ms. Tanya Luker, 7024 S. Lakeshore Drive, Shreveport, LA (G/Bowman) DECISION RENDERED September 22, 2008

PSD0700260 – 2115 Lakeshore Drive, Shreveport, LA (G/Bowman) Tax Sales Properties, Inc., c/o Mr. Buddy Collins, 707 Benton Road, Suite 125, Bossier City, LA 71111 DECISION RENDERED September 22, 2008

REPORTS FROM OFFICERS, BOARDS, AND COMMITTEES: None.

CLERK’S REPORT: None.

Councilman Shyne: Mr. Thompson, I can’t believe this. Does that clock say 10 minutes to 4?

Mr. Thompson: Mr. Chairman, we still haven’t finished, so.

Councilman Shyne: You know to be this far down the road - - -

Councilman Walford: You’re counting chickens.

Councilman Webb: Don’t count your chickens until they hatch.

Councilman Shyne: I wonder why. Is there a reason why we haven’t used up so much time? Is there somebody absent? Or did somebody not say anything? Or am I - - - I think Ron might be right. I might need to wait until I hit the gavel.

Councilman Lester: Mr. Chairman, I want to state for the record the brevity of the meeting has absolutely nothing to do with the fact that you cannot vote, nothing.

Councilman Shyne: Well, that’s a - - -

Councilman Lester: I’m sticking up for you.

Councilman Shyne: That’s what I was about to say. I was about to say, maybe it was moving along because you all took my right to vote Councilman Lester.

Councilman Lester: I’ve never taken a right in my life Mr. Chairman.

Councilman Shyne: Oh, okay.

Councilman Lester: I’ve taken some lefts, but no rights.

Councilman Shyne: Oh, my God! At this time we will resolve ourselves into a Committee of the Whole.

THE COMMITTEE RISES AND REPORTS: (Reconvenes Regular Council Meeting)

ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at approximately 4:51 p.m.

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//s// Joe Shyne, Chairman

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//s// Arthur G. Thompson, Clerk of Council