City Council Minutes, August 25, 1998

COUNCIL PROCEEDINGS OF THE CITY OF SHREVEPORT, LOUISIANA

AUGUST 25, 1998

The regular meeting of the City Council of the City of Shreveport, State of Louisiana, was called to order by Chairman James Green at 3:00 p.m., Tuesday, August 25, 1998, in the Council Chamber of City Hall, 1234 Texas Avenue. Invocation was given by Councilman Cooper.

On roll call, the following members were present: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Burrell and Green. 7. Absent: None.

Motion by Councilman Serio, seconded by Councilman Spigener for approval of the minutes of the Administrative Conference of August 10, 1998, the minutes of the Regular Meeting of August 11, 1998, and the Agenda as amended. Motion approved by the following vote: Councilmen Cooper, Hightower, Serio, and Spigener. 4. Nays: None. Out of Chamber: Councilmen Stewart, Green and Burrell. 3.

Awards, Recognition of Distinguished Guests and Communications of the Mayor which are required by law. Mr. Collins: Councilman, I think the Mayor is on his way in, but I don't think that he has any recognitions or awards today; if he does, if ya'll would move back to that when he comes in. Councilman Hightower: Okay. Councilman Burrell: At this time, fellow Council persons, Mr. Mayor, I've introduced a resolution to recognize and congratulate Mr. Carlos Spaht, II for his accomplishments, especially in the area of mathematics and our technical sciences. This is a man who is after my own heart. He is the Director of the LaPrep Program which has gotten many awards and he as an individual in community service, has gotten many awards. So at this time, I would like Dr. Spaht to come forward please. He is a Professor at LSU (see text of Resolution No. 182 of 1998 in numerical order of Resolutions on Second Reading and Final Passage).

Councilman Burrell: I would like to introduce to you all, Mr. Carlos Spaht who is a mathematician, so that's one more stroke for us Nerds, as they call us. So, anyway, at this time, if you would like to say something, Dr. Spaht. Dr. Spaht: I say, Wow! Thank you very, very much. My heart's desire has always been or at least in the last several years, has been to serve my fellow man. To be recognized for it is very, very special; thank you very much Mr. Burrell; thank all of you.

A public hearing was not scheduled nor Confirmations and/or Appointments and the Council considered the Consent Agenda legislation.

INTRODUCTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:

Motion by Councilman Cooper to Introduce the Resolution on the Consent Agenda to lay over until the September 8, 1998, meeting seconded by Councilman Spigener. Motion approved by the following vote: Motion approved by the following vote: Ayes: Councilmen Cooper, Hightower, Serio, and Spigener. 4. Nays: None. Out of Chamber: Councilmen Stewart, Green and Burrell. 3.

INTRODUCTION OF RESOLUTION:

Resolution No. 193 of 1998: A resolution authorizing the employment of special legal counsel to represent the City of Shreveport, and otherwise providing with respect thereto.

INTRODUCTION OF ORDINANCES: None.

ADOPTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:

Motion by Councilman Spigener to Adopt the Resolutions and Ordinances on the Consent Agenda, seconded by Councilman Cooper. Motion approved by the following vote: Ayes: Councilmen Cooper, Hightower, Serio, Spigener, and Burrell. 5. Nays: None. Out of Chamber: Councilmen Stewart and Green. 2.

RESOLUTIONS:

RESOLUTION NO. 175 OF 1998

A RESOLUTION AUTHORIZING THE EMPLOYMENT OF SPECIAL LEGAL COUNSEL TO REPRESENT THE CITY OF SHREVEPORT, AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, it is the desire of the City of Shreveport to retain the services of outside legal counsel to represent the interests of the City of Shreveport in the lawsuit entitled Energy Management Corp. v. City, Number CV97-2408, in the United States District Court.

WHEREAS, pursuant to Section 8.03 of the City Charter, the City Attorney recommends that Neil T. Erwin, Attorney at Law, with the law firm Wiener, Weiss & Madison, be retained for the purpose of said representation.

NOW, 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 he is hereby authorized to execute, for and on behalf of the City of Shreveport, a retainer agreement with Neil T. Erwin, Attorney at Law, with the law firm Wiener, Weiss & Madison, substantially in accordance with the terms and conditions of the draft thereof which was filed for public inspection, together with the original copy of this resolution in the office of the Clerk of Council on August 11, 1998.

BE IT FURTHER RESOLVED that this contract shall be paid out of the general government legal expense fund.

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.

RESOLUTION NO. 176 OF 1998

A RESOLUTION AUTHORIZING THE WAIVER OF BUILDING RENTAL FEES FOR USE OF THE CONVENTION HALL AND THE CIVIC THEATER BY THE AMERICAN ORCHID SOCIETY IN CONJUNCTION WITH ITS NATIONAL CONVENTION AND SHOW OCTOBER 19-24, 1999 AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

WHEREAS, the American Orchid Society is America's largest horticultural society with approximately 30,000 members; and

WHEREAS, the American Orchid Society will hold its 1999 National Convention in Shreveport; and

WHEREAS, the City of Shreveport desires to waive the building rental fees connected with the American Orchid Society's National Convention to be held October 19-24, 1999.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shreveport in due, legal and regular session convened, that the fees defined in Section 26-123 of the Shreveport Code of Ordinances for the use of the Convention Hall by the American Orchid Society on October 19 through 24, 1999 and the lobby of the Civic Theater on October 21, 1999 in connection with its annual National Convention and that the provisions of Section 26-124 are hereby waived in their entirety.

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

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

RESOLUTION NO. 183 OF 1998

A RESOLUTION AUTHORIZING WILLIAM HAROLD ALEXANDER AND ANNE ELIZABETH ALEXANDER LOCATED AT 9647 NORRIS FERRY ROAD TO CONNECT TO THE WATER AND SEWER SYSTEMS OF THE CITY OF SHREVEPORT AND OTHERWISE PROVIDING WITH RESPECT THERETO.

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

BE IT RESOLVED by the City Council of the City of Shreveport in due, regular and legal session convened, that William Harold Alexander and Anne Elizabeth Alexander be authorized to connect the building located at 9647 Norris Ferry Road to the water and sewer systems of the City of Shreveport.

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

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

RESOLUTION NO. 184 OF 1998

A RESOLUTION AUTHORIZING THE INSTITUTION OF EXPROPRIATION PROCEEDINGS AGAINST CERTAIN DESCRIBED PROPERTY WITHIN THE CITY OF SHREVEPORT IN CONNECTION WITH THE OCKLEY DITCH IMPROVEMENTS, PHASE V, PROJECT NO: 92-D002, PARCEL NO: P-6, AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, the City of Shreveport has developed the Ockley Ditch Improvements, Phase V, Project No: 92-D002; and

WHEREAS, the property described in the legal description, and more fully shown on the plat map marked as Exhibit "A" attached hereto, is situated in said development; and

WHEREAS, all attempts to amicably acquire fee title to the property comprising Parcel No: P-6 have failed; and

WHEREAS, public necessity dictates that this property be owned by and subject to the use by the City of Shreveport.

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 property described in Exhibit "A" attached hereto as Parcel No: P-6, to be acquired in fee title.

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.

RESOLUTION NO. 185 OF 1998

A RESOLUTION AUTHORIZING THE INSTITUTION OF EXPROPRIATION PROCEEDINGS AGAINST CERTAIN DESCRIBED PROPERTY WITHIN THE CITY OF SHREVEPORT IN CONNECTION WITH THE DAVID RAINES ROAD PAVING PROJECT NO: 96-C005, PARCEL NO: P-36, AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, the City of Shreveport has developed the David Raines Road Paving, Project No: 96-C005; and

WHEREAS, the property described in the legal description, and more fully shown on the plat map marked as Exhibit "A" attached hereto, is situated in said development; and

WHEREAS, all attempts to amicably acquire fee title to the property comprising Parcel No: P-36 have failed; and

WHEREAS, public necessity dictates that this property be owned by and subject to the use by the City of Shreveport.

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

RESOLUTION NO. 186 OF 1998

WHEREAS, the City of Shreveport has developed the David Raines Road Paving, Project No: 96-C005; and

WHEREAS, the property described in the legal description, and more fully shown on the plat map marked as Exhibit "A" attached hereto, is situated in said development; and

WHEREAS, all attempts to amicably acquire fee title to the property comprising Parcel No: P-37 have failed; and

WHEREAS, public necessity dictates that this property be owned by and subject to the use by the City of Shreveport.

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

RESOLUTION NO. 187 OF 1998

WHEREAS, the City of Shreveport has developed the David Raines Road Paving, Project No: 96-C005; and

WHEREAS, the property described in the legal description, and more fully shown on the plat map marked as Exhibit "A" attached hereto, is situated in said development; and

WHEREAS, all attempts to amicably acquire fee title to the property comprising Parcel No: P-38 have failed; and

WHEREAS, public necessity dictates that this property be owned by and subject to the use by the City of Shreveport.

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

RESOLUTION NO. 188 OF 1998

WHEREAS, the City of Shreveport has developed the David Raines Road Paving, Project No: 96-C005; and

WHEREAS, the property described in the legal description, and more fully shown on the plat map marked as Exhibit "A" attached hereto, is situated in said development; and

WHEREAS, all attempts to amicably acquire fee title to the property comprising Parcel No: P-40 have failed; and

WHEREAS, public necessity dictates that this property be owned by and subject to the use by the City of Shreveport.

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

ORDINANCES: None.

Motion by Councilman Green, seconded by Councilman Hightower to suspend the rules to add legislation. Motion approved by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Green and Burrell. 7. Nays: None.

The Council added the entitled legislation to the agenda for Introduction. (1) Ordinance No. 175 of 1998 by Councilman Green: An ordinance to create and establish a 3-way stop intersection at the intersection of Marseille Drive and Valleyview Drive and to otherwise provide with respect thereto. (2) Ordinance No. 176 of 1998 by Councilman Green: An ordinance to create and establish a stop intersection at the intersection of Chateau Drive and Marseille Drive and to otherwise provide with respect thereto.

Motion by Councilman Green, seconded by Councilman Hightower to add the legislation to the agenda. Motion approved by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Green and Burrell. 7. Nays: None.

Councilman Green: Those will be for the folk that live in the Meadows to try and take care of their speeding problem.

Motion by Councilman Stewart, seconded by Councilman Green to suspend the rules to add legislation. Motion approved by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Green and Burrell. 7. Nays: None.

The Council added the entitled legislation to the agenda: Resolution No. 194 of 1998 by Councilman Stewart: A resolution suspending the effect of a portion of Ordinance No. 126 of 1997, the 1998 Capital Improvements Budget Ordinance and to otherwise provide with respect thereto.

Motion by Councilman Stewart, seconded by Councilman Serio to add the legislation to the agenda. Motion approved by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Green and Burrell. 7. Nays: None.

Councilman Serio: I've got the Mayor here with me, I have one question because didn't give us the (inaudible) in the comments, about a year I had requested a study on Bert Kouns to the traffic out there in that part of town and I know that we have had numerous opportunity with FEMA and with engineers for the last, almost the last year, to resolve the traffic problem out on Bert Kouns. To me it is a safety issue. I had requested some redlights, left turn lanes primarily at Fern at 70^th, as well as Fern at Bert Kouns. And I was wondering at this time if we are close to a resolution on that? Mayor Williams: Councilman Serio, yes, our Traffic Engineering people are very close to that. In fact, I've asked Mr. Dark to come to bring us up to date on that, but I think he does have some good news for you in regard to that particular intersection and to that problem. Mr. Dark: Well, really I got two things, thank you, Mayor. The traffic impact study that Balar and Hartman Engineering are doing on the Bert Kouns Corridor, I expect that we will see a draft of that report sometime within the next 20-30 days, at the most. We have begun some preliminary work on the Fern intersection and in anticipation that there may be a light there, we can't pre-judge entirely what they are going to do, but it would not surprise me if that is a recommendation. If it is, we would have begun some of the preliminary work ahead of that. The Mayor said that you were also interested in the light at the other end of Fern where it connects with 70^th, that one will likely wait until the construction is done across the street where Fern will extend. I would not be surprised if that project goes to bids before the end of the year if we can work an arrangement with the property owners; so, that's where that is likely to be. But you in particular, because you have expressed a lot of interest in that particular study, as soon as I get something, I will be more than happy to share it with you and go over it with you as we can. Councilman Serio: Thank you Mr. Dark; so, I think the first in University Terrace are really interested in finally getting a light up at Fern Avenue and take some of the traffic out of University Terrace. Mr. Dark: Okay. Councilman Serio: Appreciate it. Mayor Williams: Mr. Serio, does that answer your question? Councilman Serio: Yes, sir. Mayor Williams: Thank you.

The Council considered the Regular Agenda legislation:

The Deputy Clerk read the resolution by title: Resolution No. 164 of 1998: A resolution closing to vehicular thru traffic a portion of Drexel Drive (an area between the 736 and 737 addresses) and to otherwise provide with respect thereto.

Councilman Hightower: I'm going to ask to postpone that, unless Mr. Kirkland, were you able to get any closure on the question from yesterday? Mr. Kirkland: No, Tom and I have not talked further about that, but we will prior to your next Council meeting. Councilman Hightower: Okay, thank you. Mr. Chairman, I'm going to ask to postpone.

Read by title and as read motion by Councilman Hightower, seconded by Councilman Spigener to postpone the resolution until the next regular meeting. Motion approved by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Green and Burrell. 7. Nays: None.

RESOLUTION NO. 177 OF 1998

A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A JOINT FUNDING AGREEMENT IN THE AMOUNT OF $45,000 BETWEEN THE CITY OF SHREVEPORT AND THE GEOLOGICAL SURVEY/UNITED STATES DEPARTMENT OF THE INTERIOR, FOR THE SECOND YEAR OF A LIMNOLOGICAL SURVEY OF CROSS LAKE AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, the Cross Lake Watershed management program is an ongoing initiative of the Department of Water and Sewerage designed in part to study water quality in the lake and watershed;

WHEREAS, the U. S. Geological Survey ("USGS"), under the U. S. Department of the Interior, is the nation's principal source of scientific and technical information in the fields of geology and hydrology;

WHEREAS, the USGS is conducting studies of ground water, surface water and water use issues and problems within the state of Louisiana;

WHEREAS, the USGS has just completed the first year of a limnological study of Cross Lake, assessing the physical and water quality characteristics of the lake; and

WHEREAS, in order to ensure the accuracy and representativeness of the data developed from the lake study, it is essential to extend the program through a second year:

NOW, THEREFORE, BE IT RESOLVED by the City Council of Shreveport, in due, regular and legal session convened, that Robert W. "Bo" Williams, Mayor, be and is hereby authorized to execute on behalf of the City of Shreveport a Joint Funding Agreement with the Geological Survey/United States Department of the Interior, for the second year of a Limnological survey of Cross Lake, in accordance with the terms and conditions contained in the draft of said agreement which was filed for public inspection with the original draft of the resolution in the Office of the Clerk of Council on August 11, 1998.

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

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

Read by title and as read motion by Councilman Spigener, seconded by Councilman Cooper passed by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Green and Burrell. 7. Nays: None.

RESOLUTION NO. 178 OF 1998

A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT BETWEEN THE CITY OF SHREVEPORT AND KPMG PEAT MARWICK FOR AN EXTERNAL AUDIT OF THE CITY OF SHREVEPORT FOR FISCAL YEAR JANUARY 1, 1998, THROUGH DECEMBER 31, 1998, AND OTHERWISE PROVIDING WITH RESPECT THERETO.

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

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

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

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

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, legal, and regular session convened that it hereby authorizes the Mayor to execute a contract between the City of Shreveport and KPMG Peat Marwick substantially in accordance with KPMG Peat Marwick's Response to the City of Shreveport's Request for Proposal dated May 5, 1995, including 300 hours of Internal Audit Office assistance, filed for public inspection of the Office of the Clerk of Council.

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

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

Read by title and as read motion by Councilman Burrell, seconded by Councilman Hightower passed by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Green and Burrell. 7. Nays: None.

RESOLUTION NO. 180 OF 1998

A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE RED RIVER RALLY INC., TO HOLD THE RED RIVER RALLY BALLOON FESTIVAL, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

WHEREAS, the City of Shreveport desires to support cultural, educational and leisure activity programs which serve the public and render a public service; and

WHEREAS, the Red River Rally, Inc. desires to promote and stage the exclusive hot air balloon festival in Shreveport for the people of Shreveport and the surrounding area; and;

WHEREAS, the Red River Rally, Inc. desires to sponsor the Red River Rally Balloon Festival; and

WHEREAS, the City declares the Red River Rally Balloon Festival to serve such a public purpose; and

WHEREAS, the City and the Red River Rally Inc. desires to support and provide services as identified under the terms of this contract to produce the Red River Rally Balloon Festival.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Shreveport in due, legal and regular session convened that Robert "Bo" Williams, Mayor, is hereby authorized to execute an agreement between the City of Shreveport, and the Red River Rally Inc., to hold the Red River Rally Balloon Festival substantially in accordance with the draft thereof which was filed with the original copy of this resolution for public inspection in the Office of the Clerk of Council on this 11th day of August, 1998.

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 are hereby repealed.

Read by title and as read motion by Councilman Serio, seconded by Councilman Stewart passed by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Green and Burrell. 7. Nays: None.

The Deputy Clerk read the resolution by title: Resolution No. 181 of 1998 by Councilman Cooper: A resolution changing the name of David Raines Road to Hersey D. Wilson Boulevard, and to otherwise provide with respect thereto.

Read by title and as read motion by Councilman Cooper, seconded by Councilman Burrell to postpone the resolution until the next regular meeting. Motion approved by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Green and Burrell. 7. Nays: None.

RESOLUTION NO. 182 OF 1998

A RESOLUTION TO RECOGNIZE AND CONGRATULATE CARLOS G. SPAHT, II FOR HIS ACCOMPLISHMENTS AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

BY: COUNCILMAN BURRELL

WHEREAS, Carlos G. Spaht, chairman of the Math Department at Louisiana State University, was recently honored at the 1998 Jefferson Awards program in Washington, D.C., as one of five recipients of the 1998 Jacqueline Kennedy Onassis Award for Greatest Public Service Benefitting Local Communities: and

WHEREAS, while more than 14,000 people were nominated nationwide for these awards that were sponsored by the American Institute for Public Service, only five were chosen; and

WHEREAS, Carlos Spaht is the first person in Shreveport to receive the honor, and is among the ranks of recipients such as Opah Winfrey and U.S. Treasury Secretary Robert Rubin; and

WHEREAS, Carlos Spaht received this national recognition for the helping hand he has given hundreds of youth in Caddo and Bossier parishes as the Director of LaPREP (Louisiana Preparatory Program); and

WHEREAS, LaPREP is an enrichment program intended to identify, encourage and instruct competent middle and early high school students, including women and minorities. Emphasis is placed on abstract reasoning, problem solving, and technical writing skills and encouraging successful completion of a college program; and

WHEREAS, as a result of his work with LaPREP, Mr. Spaht has also been recognized for the Carnegie Foundation's award as Louisiana Professor of the Year; the Mathematical Association of America's award for the outstanding college math teacher in Louisiana and Mississippi; and the Governor's Award of Excellence.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, in due, legal and regular session convened, does recognize and congratulate Carlos G. Spaht, II for his accomplishments.

BE IT FURTHER RESOLVED, that the Shreveport City Council thanks Carlos J. Spaht for using his time energy and vision to operate LaPREP, to provide free academic and recreational activities for borderline students who have the ability to succeed, and instilling in those students the belief that they can earn college degrees and make positive contributions to society.

BE IT FURTHER RESOLVED, that this resolution shall be executed in duplicate originals and one original shall be presented to Carlos G. Spaht, II and an original shall be filed in perpetuity in the Office of the Clerk of Council for the City of Shreveport.

/s/James Edward Green

City Council Chairman

/s/Bobby Joe Cooper John David Stewart

Council District A Council District B

/s/Keith Hightower /s/Philip Serio

Council District C Council District D

/s/Pat Spigener /s/Roy Allen Burrell

Council District E Council District G

Read by title and as read motion by Councilman Burrell, seconded by Councilman Cooper passed by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Green and Burrell. 7. Nays: None.

RESOLUTION NO. 189 OF 1998

A RESOLUTION CHANGING THE NAME OF ENTERPRISE DRIVE TO HEALTHPLEX DRIVE, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

BE IT RESOLVED by the City Council of the City of Shreveport, in due, legal, and regular session convened, that the only block (9400 Block) of Enterprise Drive running south from the East Bert Kouns Industrial Loop in the NE/4 of Section 12 (T16N-R14W), Caddo Parish, Louisiana, be and the same is hereby renamed and changed to Healthplex Drive.

BE IT FURTHER RESOLVED that to comply with LSA R.S. 18:201, a certified copy of this resolution is to be furnished to the Registrar of Voters for Caddo Parish, Louisiana.

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

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

Read by title and as read motion by Councilman Serio, seconded by Councilman Burrell passed by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Green and Burrell. 7. Nays: None.

RESOLUTION NO. 190 OF 1998

RESOLUTION STATING THE CITY OF SHREVEPORT'S ENDORSEMENT OF ETHEREDGE ELECTRIC COMPANY, INC. TO PARTICIPATE IN THE BENEFITS OF THE LOUISIANA ENTERPRISE ZONE PROGRAM AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

WHEREAS, the Louisiana Enterprise Zone Act of 1981, Act 901, was enacted by the 1981 Louisiana State Legislature, Act 337 was enacted by the 1982 Legislature, Act 433 was enacted by the 1987 Legislature, and Act 1024 was enacted by the 1992 Legislature, and

WHEREAS, the Louisiana Enterprise Zone Program offers significant incentives for economic development to some of the most distressed areas in the City of Shreveport, and

WHEREAS, the Louisiana Department of Economic Development designated Census Tract 243.02 Block Group 4 , in the City of Shreveport as "Enterprise Zone" eligible, based on enabling legislation (R.S.51.21.1787-1791), and

WHEREAS, the City of Shreveport states this endorsement is in agreement with the Overall Economic Development Plan for the City of Shreveport, and

WHEREAS, the attached Enterprise Zone map has been marked to show the location of the business being endorsed, and

WHEREAS, in accordance with the Louisiana Enterprise Zone Program requirements the City of Shreveport agrees:

1. To participate in the enterprise zone program

2. To assist the Department in evaluating progress made in any enterprise zone within its jurisdiction

3. To REFUND all applicable local sales taxes on the purchase of the material used in the construction of a building, or any addition or improvement thereon, for housing any legitimate business enterprise, and machinery and equipment used in that enterprise. This tax refund would be on materials, construction and equipment purchased for a project and used by a business permanently on that site.

BE IT RESOLVED by the Shreveport City, in due, regular, and legal session convened that on this 25th day of August 1998 that ETHEREDGE ELECTRIC COMPANY, INC. and their project PRODUCTION AND WAREHOUSING EXPANSION, State Application # 970037, is endorsed to participate in the Louisiana Enterprise Zone Program.

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

RESOLUTION NO. 191 of 1998

RESOLUTION STATING THE CITY OF SHREVEPORT'S ENDORSEMENT OF TECSTAR, INC. TO PARTICIPATE IN THE BENEFITS OF THE LOUISIANA ENTERPRISE ZONE PROGRAM AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

WHEREAS, the Louisiana Enterprise Zone Program offers significant incentives for economic development to some of the most distressed areas in the City of Shreveport, and

WHEREAS, the Louisiana Department of Economic Development designated Census Tract 243.02 Block Group 2 , in the City of Shreveport as "Enterprise Zone" eligible, based on enabling legislation (R.S.51.21.1787-1791), and

WHEREAS, the City of Shreveport states this endorsement is in agreement with the Overall Economic Development Plan for the City of Shreveport, and

WHEREAS, the attached Enterprise Zone map has been marked to show the location of the business being endorsed, and

WHEREAS, in accordance with the Louisiana Enterprise Zone Program requirements the City of Shreveport agrees:

1. To participate in the enterprise zone program

2. To assist the Department in evaluating progress made in any enterprise zone within its jurisdiction

BE IT RESOLVED by the Shreveport City, in due, regular, and legal session convened that on this 25th day of August 1998 that TECSTAR, INC. and their project XTREME LIMITED, State Application # 980301, is endorsed to participate in the Louisiana Enterprise Zone Program.

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

Read by title and as read motion by Councilman Burrell, seconded by Councilman Spigener passed by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Green and Burrell. 7. Nays: None.

RESOLUTION NO. 192 OF 1998

RESOLUTION STATING THE CITY OF SHREVEPORT'S ENDORSEMENT OF ADVANCED INJECTION MOLDING COMPANY, L. L. C. TO PARTICIPATE IN THE BENEFITS OF THE LOUISIANA ENTERPRISE ZONE PROGRAM AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

WHEREAS, the Louisiana Enterprise Zone Program offers significant incentives for economic development to some of the most distressed areas in the City of Shreveport, and

WHEREAS, the City of Shreveport states this endorsement is in agreement with the Overall Economic Development Plan for the City of Shreveport, and

WHEREAS, the attached Enterprise Zone map has been marked to show the location of the business being endorsed, and

WHEREAS, in accordance with the Louisiana Enterprise Zone Program requirements the City of Shreveport agrees:

1. To participate in the enterprise zone program

2. To assist the Department in evaluating progress made in any enterprise zone within its jurisdiction

BE IT RESOLVED by the Shreveport City, in due, regular, and legal session convened that on this 25th day of August 1998 that ADVANCED INJECTION MOLDING COMPANY, L. L. C. and their project PLANT EXPANSION, State Application #980264, is endorsed to participate in the Louisiana Enterprise Zone Program.

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 Serio, seconded by Councilman Cooper passed by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Green and Burrell. 7. Nays: None.

RESOLUTION NO. 193 OF 1998

A RESOLUTION AUTHORIZING THE MAYOR TO MAKE APPLICATION TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO BECOME DESIGNATED AS AN EMPOWERMENT ZONE/ENTERPRISE COMMUNITY AND TO OTHERWISE PROVIDE WITH RESPECT THERETO

WHEREAS, the Department of Community Development administers the City's Economic Development/Neighborhood Revitalization Program and has determined that there is a need to be designated as an Empowerment Zone/Enterprise Community (EZ/EC); and,

WHEREAS, the U. S. Department of Housing and Urban Development is in its Second Round of funding applications for the Empowerment Zone/Enterprise Community; and,

WHEREAS, the City needs to present application to compete for the award of the Second Round of funding to be designated as an Empowerment Zone/Enterprise Community.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, regular and legal session convened, that the Mayor, is hereby authorized to make application to the U. S. Department of Housing and Urban Development to become designated as an Empowerment Zone/Enterprise Community.

BE IT FURTHER RESOLVED that the Mayor is authorized to execute any and all documents necessary to make application to the U. S. Department of Housing and Urban Development for the Empowerment Zone/Enterprise Community for the Round Ii Competitive Grant.

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

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

Read by title and as read motion by Councilman Green, seconded by Councilman Spigener passed by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Green and Burrell. 7. Nays: None.

RESOLUTION NO. 194 OF 1998

A RESOLUTION SUSPENDING THE EFFECT OF A PORTION OF ORDINANCE NO. 126 OF 1997, THE 1998 CAPITAL IMPROVEMENTS BUDGET ORDINANCE AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

WHEREAS, the bids received for the Campus Plan Phase II - Water & Sewer Customer Service Center exceeded the proposed budget; and

WHEREAS, there is some debate about whether Water and Sewerage Funds should not be used to fund the Finance Department portion of the Customer Service Center; and

WHEREAS, Section IV of Ordinance No. 126 of 1997 provides:

"SECTION IV: The Mayor be and he is hereby authorized to execute all contracts, deeds, and other legal instruments necessary to expend and receive the funds herein authorized."

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, in due, legal and regular session convened, that Section IV. of Ordinance No. 126 of 1997, the 1998 Capital Improvements Budget Ordinance, is hereby suspended in part, as follows:

The Mayor is not authorized to execute any contract, deed, or other legal instrument to encumber funds from the Campus Plan Phase II - Water & Sewer Customer Service Center (96A001), until so authorized as restored by resolution of the City Council.

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 Hightower, seconded by Councilman Stewart passed by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Green and Burrell. 7. Nays: None.

INTRODUCTION OF RESOLUTIONS: None.

INTRODUCTION OF ORDINANCES:

Ordinance No. 169 of 1998: An ordinance amending Ordinance No. 126 of 1997, the 1998 Capital Improvements Budget, appropriating funds for capital projects, and otherwise providing with respect thereto.

Ordinance No. 170 of 1998: An ordinance amending the 1998 Riverfront Development Special Revenue Fund, appropriating the funds authorized therein, and otherwise providing with respect thereto.

Ordinance No. 171 of 1998: An ordinance to enlarge the limits and boundaries of the City of Shreveport - A tract of land located south of the Williamson Way Road in the NW/4 of Section 15 (T16N-R14W), Caddo Parish, Louisiana, and otherwise providing with respect thereto.

Ordinance No. 172 of 1998: An ordinance to enlarge the limits and boundaries of the City of Shreveport - A tract of land located along the East Flournoy Lucas Road between Youree Drive and the East Kings Highway in the SW/4 of Section 3 (T16N-R13W), Caddo Parish, Louisiana, and otherwise providing with respect thereto.

Ordinance No. 173 of 1998: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by changing the zoning classification of property located on the west side of Hearne Avenue, 200 feet north of Waggoner, Shreveport, Louisiana, from B-2, Neighborhood Business District to B-3, Community Business District, and to otherwise provide with respect thereto.

Ordinance No. 174 of 1998: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by changing the zoning classification of property located on the SE corner W. 70^th Street and Steeple Chase Plaza Drive, Shreveport, Louisiana, from B-2, Neighborhood Business District to B-3, Community Business District, and to otherwise provide with respect thereto.

Ordinance No. 175 of 1998 by Councilman Green: An ordinance to create and establish a 3-way stop intersection at the intersection of Marseille Drive and Valleyview Drive and to otherwise provide with respect thereto.

Ordinance No. 176 of 1998 by Councilman Green: An ordinance to create and establish a stop intersection at the intersection of Chateau Drive and Marseille Drive and to otherwise provide with respect thereto.

Read by title and as read motion by Councilman Green, seconded by Councilman Spigener for introduction of the Ordinances to lay over until the September 8, 1998, meeting. Motion approved by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Green and Burrell. 7. Nays: None. Clerk's Note: The Council will hold public hearings relative to Annexation Ordinances No. 171 and 172 at the September 8, 1998

meeting.

ORDINANCES ON SECOND READING AND FINAL PASSAGE:

Ordinance No. 154 of 1998: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by amending and reenacting the home occupation section to add regulations regarding hours of operation and to otherwise provide with respect thereto.

Councilman Spigener: I would like to move that we uphold the decision of the MPC and that is to deny the zoning. Isn't that correct, the MPC did deny the zoning. Ms. Glass: This is one of those where the way the Clerk keeps the records, if you have a motion for adoption of the ordinance, then Ms. Spigener would be asking for a no vote.

Having passed first reading on July 14, 1998, was read by title and as read on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Spigener, seconded by Councilman Serio denied by the following vote: Nays: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Green and Burrell. 7. Ayes: None.

Ordinance No. 166 of 1998: An ordinance authorizing and providing for an encroachment within the block bounded by Texas, Edwards, Travis, and Marshall Streets, and to otherwise providing with respect thereto.

Having passed first reading on August 11,1998, was read by title and as read on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Spigener, seconded by Councilman Serio to postpone the ordinance until the next regular meeting. Motion approved by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Green and Burrell. 7. Nays: None.

Ordinance No. 167 of 1998 by Councilman Stewart: An ordinance amending Chapter 34 of the Code of Ordinances of the City of Shreveport relative to Flood Prevention and Protection, and otherwise providing with respect thereto.

Having passed first reading on August 11,1998, was read by title and as read on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Stewart, seconded by Councilman Hightower adopted by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Green and Burrell. 7. Nays: None.

Ordinance No. 168 of 1998 by Councilman Cooper: An ordinance amending the Code of Ordinances of the City of Shreveport by adding Section 2-250 to require the Police Department to report certain personnel findings and actions, and otherwise providing with respect thereto.

Clerk's Note: Councilman Cooper moved for adoption and Councilman Serio moved for postponement. Councilman Green: The Administration has asked to postpone and also the Police Department. Mr. Serio says, move to postpone.

Having passed first reading on August 11,1998, was read by title and as read on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Serio, seconded by Councilman Hightower to postpone the ordinance until the next regular meeting.

Councilman Cooper: If there is something is put on the agenda, I'm trying to direct it here, that a Councilman has put on the agenda, do you get a vote on it? Can they postpone it, before I can get a vote on it? Ms. Glass: That is under "Roberts Rules of Order", a motion to postpone is a proper motion. Councilman Cooper: Even if the Councilman had it put on the agenda? Councilman Green: Yes, sir.

Motion to postpone approved by the following vote: Ayes: Councilmen Stewart, Hightower, Serio, Spigener, Green and Burrell. 6. Nays: Councilman Cooper. 1.

The adopted Ordinances follows:

ORDINANCE NO. 167 OF 1998

AN ORDINANCE AMENDING CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF SHREVEPORT RELATIVE TO FLOOD PREVENTION AND PROTECTION AND OTHERWISE PROVIDING WITH RESPECT THERETO.

BE IT ORDAINED by the City Council of the City of Shreveport in due, regular and legal session convened that Sections 34-91, 34-94 and 34-95 of the Code of Ordinances are hereby amended to read as follows:

In Section 34-91, insert the following definition:

Single family dwelling means a detached building containing one dwelling unit, used exclusively by one family and having a yard meeting the yard requirements of the zoning ordinance.

* * *

Sec. 34-94. Building permit requirements.

(a) No building permit shall be issued for any construction on any lot and no construction shall be started on any lot that will result in the pervious surface being changed to an impervious surface unless the plans for the construction include provisions for stormwater detention in accordance with the requirements of this article.

(b) In the drainage basin of Ockley Ditch and its tributaries and in flood-sensitive areas, no building permit shall be issued for any construction on any lot and no construction will be started on any lot that shall result in changes to the existing impervious surface unless the plans for the construction include provisions for stormwater detention in accordance with the requirements of this article.

(c) All building permit applications on any lot covered by this article shall be submitted to the city engineer for examination. The plans shall be accompanied by a survey or a sketch of the lot with the location of proposed improvements shown together with a drainage report and drainage plan. The city engineer shall either approve the stormwater detention provisions, require changes to comply with this article, or disapprove the plans within ten days. If the proposed stormwater detention plans are not approved, the city engineer will state in writing the reasons for disapproval. Disapproval of the plans or requiring changes to the plans to be made shall be considered and appealed from as a denial of a building permit.

Sec. 34-95. Water control standards.

(a) The volume of water to be detained and the rate at which water may be gradually released from detention shall be calculated in a manner consistent with sound engineering practices and shall be based on the characteristics of the drainage basin in which the proposed construction is located.

(b) Except as provided in subsection (c) herein, the volume of water to be detained from all building sites exceeding one- half acre except those used for single-family dwellings shall be the amount of stormwater generated by a twenty-five year design storm and the rate at which such water may be gradually released shall be the amount of stormwater generated by a ten-year design storm. The volume of water to be detained from building sites smaller than one-half acre and sites used for single-family dwellings shall be the amount of stormwater generated by a ten-year design storm, except as provided for in subsection (c) below.

(c) In the drainage basin of Ockley Ditch and its tributaries, the volume of water to be detained shall be the amount of stormwater generated by a one hundred-year design storm and the rate at which such water may be gradually released shall be the amount of stormwater generated by a ten-year design storm.

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.

/s/James Edward Green, Chairman

/s/Arthur G. Thompson, Clerk of Council

UNFINISHED BUSINESS. The following items remained tabled:

1. Ordinance No. 46 of 1995 by Mr. Stewart: To revise the membership of the Board of Trustees of the Employees' Retirement System. (Tabled on 6-13-95)

2. Ordinance No. 90 of 1995: Amending Sec. 30-92 of the Code relative to fireworks. (F/Green) (Tabled on 2-27-96)

3. Ordinance No. 61 of 1996: Amending the Code by adding Div.5, Art. V, Chap. 26 relative to establishing a Riverfront Development Special Revenue Fund. (D/Serio) (Tabled on 7-9-96)

4. Resolution No. 94 of 1997: Renaming Airport Park the "Maurice 'Blimp' Monroe Park." (F/Green) (Tabled on 5-27-97)

NEW BUSINESS:

ABO Card appeals:

a. Courtney Helms

Lieutenant Shoemake: Mr. Helms was denied due to the fact that on 4-30-96, she was arrested for possession of Schedule I narcotics and for possession of drug paraphernalia and she was convicted of both of those. And on her application, she denied that she had ever been arrested for anything.

Ms. Helms: I didn't know I was going to be on camera. We were at a concert and we all come out of the concert. I was the driver of the vehicle and we had two younger boys in the back, and my ex-best friend was in the front and she had a beer on the side of her and in her purse, she had some seeds and rolling papers, which they call paraphernalia; so, I had to spend 32 hours in jail. She wouldn't claim it, that it was her's; there was nothing on me, I was not drinking or anything, there was nothing to do with me but since I was the driver, I was convicted of it. And when I went before the judge and he asked me how did I plea, I tried to explain it to him and he says, "guilty" or "not guilty" and I pled no contest because since they said I was the driver of the vehicle, that I was guilty; so, I wasn't guilty. So I had to take the charge and they gave me a month to pay a thousand dollars, I couldn't come up with the thousand dollars in a month; that's what happened. It wasn't mine, I didn't know it was in the car; first time I've ever been in trouble.

Councilman Spigener: Are you on probation or anything of that nature, at this time? Ms. Helms: No, ma'am. I was living in Texarkana, Texas and I just moved here three weeks ago and I work at Rite-Aid Pharmacy, which I'm suppose to be at work now, and I have to have an ABO card to be able to do this. And when I filled out my ABO card, I thought Bossier and Shreveport are two different places, so, when I put on there that I didn't have a felony, I thought that was for Shreveport not for Bossier; so, obviously saying I lied, you know, that is exactly what I did. I didn't want that to be on my record.

Councilman Spigener: You are employed right now at Rite-Aid? Ms. Helm: As of right now; if I don't get an ABO card, I will lose my job.

Councilman Serio: Can we do a site specific ABO card? Councilman Green: Is that a motion?

Motion by Councilman Serio to grant a site specific ABO card to be used at Rite-Aid, seconded by Councilman Hightower.

Councilman Burrell: When you say Rite-Aide, we have a number of Rite-Aid and you said it was site specific. Is it any Rite-Aid store (Ms. Helm: Mansfield Road) or at a location? Councilman Green: Well, I would think any Rite-Aid store, just for the just-in-case. Ms. Helm: I'm on Mansfield Road, but they flip us around sometimes they need help. Councilman Green: Any Rite-Aid.

Motion approved by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Green and Burrell. 7. Nays: None.

b. Derrick Lamon McCurty (not present)

Lieutenant Shoemake: Mr. McCurty was denied for lying on his application. He stated that he had never been arrested and he was arrested in April 1998 for criminal mischief and on August 5, 1998, he went to court, pled guilty. That was eight days after he filled out his application, he stated that he had never been arrested for anything.

Motion by Councilman Cooper to uphold the decision of the Police Department, seconded by Councilman Spigener. Motion approved by the following vote: Ayes: Councilmen Cooper, Hightower, Serio, Spigener, Green and Burrell. 6. Nays: None. Out of Chamber: Councilman Stewart. 1.

c. Emily Lee West

Lieutenant Shoemake: Ms. West was also denied for lying on her application. She stated that she had never been arrested for anything. She was arrested for DWI and open container on 4-26-95; she pled guilty to both of the charges.

Ms. West: First of all, this was my first time ever filling out a card for an ABO card, and I remember it saying have you ever been arrested for a felony. Well, I never have been arrested for a felony charge, but I don't recall saying that I have never been arrested. I have never been arrested here in Shreveport, but I do need an ABO card to---I work for the Circle K Corporation and I didn't realize that---I didn't know what was going on. I didn't realize that I had lied on my application. I noticed, like I said, have you ever been arrested on a felony charge and I said "no", but I don't recall the part that said have you ever been arrested, period. And I wouldn't have lied, I would have said that have because I've been paying that fine, I been taking care of it, went to school for it and paid my dues and I think all I owe is right at $300 balance when I had to pay, right at $1,080 in Bossier.

Motion by Councilman Hightower to grant the ABO card, seconded by Councilman Green. Motion approved by the following vote: Ayes: Councilmen Cooper, Hightower, Serio, Spigener, Green and Burrell. 6. Nays: None. Out of Chamber: Councilman Stewart. 1.

Councilman Serio: I want to make a request that all of the Council members be supplied with an ABO card application so that we can see what an application looks like and see if all of the problems are actually, are as hard to fill out as we understand that it is. If we had some ideas of how to change it, we would. . . .Councilman Green: Thank you Mr. Serio. I also talked with Mr. Thompson on yesterday as to some things that we could see about making clear on the application, that it would be so complicated.

d. Desiree L. Buie

Lieutenant Shoemake: Ms. Buie was denied due to the fact she was charged with a possession of Schedule I methamphetamine, possession of marijuana, possession of drug paraphernalia and firearm with a felon, drugs, 2-18-95. She was convicted of those and given a one year suspended sentence and probation ended 9-1-96. Since those are felonies, she is not eligible for an ABO card until the year 2001.

Ms. Buie: I made a mistake a few years ago and it has been a learning one. I've had no trouble with the law, and I need an ABO card to keep my employment to support my little girl and mother who is on fixed income. Councilman Green: Where are you working at now? Ms. Buie: Barron's Marina on Cross Lake. Councilman Burrell: Make it site specific.

Motion by Councilman Burrell to grant a site specific ABO card, seconded by Councilman Serio.

Councilman Serio: Have there been any other arrests since that one? Lieutenant Shoemake: That's the only one, sir.

Motion approved by the following vote: Ayes: Councilmen Cooper, Hightower, Serio, Spigener, Green and Burrell. 6. Nays: None. Out of Chamber: Councilman Stewart. 1.

e. Terri Ellis Boykin

Lieutenant Shoemake: Ms. Boykin is someone that has been here fairly recently and at that time, we had denied her due to a felony narcotics conviction and the Council gave her a site specific. Since that time that business has changed ownership and changed names, so we had advised her that she had to reapply. Once she re-applied, we found that she had also been convicted of sales to a minor and she did not disclose that on her second application even though I had had conversations with her over the phone to make sure that she did disclosure that. She is not eligible due to the fact that she was convicted of underage sales for two years, plus she lied on the application.

Ms. Boykin: What happened was is I mis-read the application. He will tell you that I signed where I admitted to a conviction that I never done instead of admitting to the one that I did do. The reason I didn't bring it before you before is because that's not what I was here for and I didn't know that I was arrested, I thought it was a ticket. Like, a ticket, they gave me a ticket, I paid my fine, I wasn't before ya'll for that reason. I did not know that I had been arrested.

Since you let me work, I've become manager of that store, not only that store, they want to hire me as manager for a chain of stores. I've done nothing wrong since you allowed me to work. I have two teenage children. My son last month was molested by a 38-year old woman, but that woman is allowed to work, have a job, walk the streets, and everything. I'm just asking for a chance to keep my job and support my kids, that's all I'm asking ya'll for. I haven't done anything wrong, nothing, since you allowed me to have it back. I misunderstood the application, yes, I did, but whenever they gave me the---let me explain the thing about the minor thing. I was at work one night, it was 7:00 at night. I was the only one in the store. What happened was is a van pulls up to my store and it is just sitting there and it sits there and sits there and sits there. So, I'm watching this van and I'm worried. My customers are worried. The man never comes in, so the van moves positions. It goes from facing my store and it backs up backing toward, with the back end toward my store. That sets off an alarm to me, telling me, I'm fixing to be robbed. Then the van moves from that location to across the street with its lights on me and I'm still worried of my life, and worried that whoever was in that van was going to rob me. This was at 8:02 when I called the police that night. By 8:30, I had sold, supposedly, the alcohol to a minor. I have a 16-year old child, I have a 13-year old child. I do not---I check everyone's i.d.---cigarettes, everything. I was frightened for my life and I know that is no excuse, but that's the honest to God, what happened. And when the store changed owners, I didn't know that I was in violation because ya'll just told me don't move locations. I did not move. I was still at the same location.

Councilman Burrell: Did you check the i.d. of the person before you sold it to them? Ms. Boykin: No, sir because I was watching for the police to come up because the van was still sitting there.

Lieutenant Shoemake: I feel like maybe I wasn't real clear on the chain of events, this citation was written to her and she was convicted of it before the City Council gave her the site specific card before this. This is not something that has occurred since then. Councilman Burrell: Okay. Ms. Boykin: Yes, and I did not know that I had been arrested because all they did was hand me a ticket and told me to appear in court and pay it, and I did so.

Motion by Councilman Burrell to grant the ABO card, seconded by Councilman Spigener. Motion approved by the following vote: Ayes: Councilmen Cooper, Hightower, Serio, Spigener, Green and Burrell. 6. Nays: None. Out of Chamber: Councilman Stewart. 1.

f. Yolanda Santiago

Lieutenant Shoemake: Ms. Santiago was denied due to the fact that she lied on her application. She was arrested for simply battery under the Family Violence Act which is a felony in September 1996, and on her application she stated she never was arrested. However she has given me a copy of an affidavit of non-prosecution from Bossier/Webster Parish Court which states that the charges were dropped, however, she was arrested.

Motion by Councilman Green to overturn the decision of the Police Department, seconded by Councilman Hightower. Motion approved by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Green and Burrell. 7. Nays: None.

g. Sultan Ahmed

Lieutenant Shoemake: Mr. Ahmed also was denied due to the fact that he lied on his ABO application. He stated he had never been arrested. However he was arrested and convicted---I take that back---he does mention a DWI arrest on his application, however, he did admit that he had been arrested and convicted of selling without an ABO card on 8-8-96.

Mr. Bobby Sutton, Mr. Ahmed's Attorney: I'm here to speak first for him and then I'm going to let him speak to you and when he does, you'll understand why I'm going to explain it to you. In order to understand this, you have to understand the history behind it and I'll ask the officer, if I mis-quote something, please correct me because I think I have this straight from talking to Mr. Ahmed.

But in 1996, Mr. Ahmed was working for a Patrick's Grocery Store in Bossier City and Patrick's Store sold alcoholic beverages and cigarettes and so forth, so he had a Bossier ABO card. In 1996, Mr. Ahmed then came to work for Pierre Avenue Grocery, same type situation and on August 8, 1996, Mr. Ahmed received a citation for working in the grocery which sold alcoholic beverages, which he did because he was acting as cashier and when he was asked for his ABO card, he gladly gave them his ABO card. Unfortunately, it happen to be an ABO card issued by Bossier City not for Shreveport. It was explained to Mr. Ahmed that he has to have a Shreveport ABO card. He immediately went and got a Shreveport ABO card in 1996 and he has continued working at the grocery store since that time.

It came time to renew the ABO card in 1998 and he was in fact filling out the forms. Back up just a little bit prior to that, after he received his citation for having a Bossier ABO card instead of a Shreveport ABO card in 1996, he did go down and pay a fine for it, for not having the proper ABO card and then he immediately got the proper one. Then he went to fill out the form to renew this ABO card and it is my understanding that it was Question No. 4 I think he put on there, the question asked have you ever been convicted of violating a municipal alcoholic beverage business law and Mr. Ahmed put, no because he knew he had never sold alcohol to an underage minor, he had never sold any alcohol to someone who was drunk or something of that nature and it is my understanding that he was denied a renewal of his ABO card. Well, immediately when he was issued the citation and told he couldn't work as cashier anymore, Mr. Ahmed was suspended from his job and told that if and when you get your ABO card back that you can come back to work and he has been off work since that time but can go back to work if he gets his new ABO card or he gets his renewal, but that's the history behind it.

Mr. Ahmed, in my talking to him, simply did not understand on Question No. 4 when it asked: Have you ever been convicted (he had an ABO card from Shreveport). "Have you been convicted of violating a municipal alcoholic beverage business law, he did not understand that to be that ticket he got for getting the citation for having a Bossier ABO instead of a Shreveport ABO. Mr. Ahmed is here, ask him any question you would like and he'd be happy to explain any of the circumstances to you.

Councilman Green: Mr. Sutton, would you leave a card for me with the Clerk. You explained that so eloquent, if I ever get in trouble I'd like for you to be my lawyer. Mr. Sutton: Thank you Mr. Green, I appreciate that.

Motion by Councilman Stewart to grant the card, seconded by Councilman Green. Motion approved by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, and Green. 6. Nays: None. Out of Chamber: Councilman Burrell. 1.

h. Annette Wilson

Lieutenant Wilson: Ms. Wilson was also denied for lying on her application. On the application she states she has never been arrested for anything. She was arrested for theft by shoplifting and convicted in 1987 and denied it.

Ms. Wilson: I been working in a convenience store for about 7 years. I never had a problem with my application and lying on it. This particular day I came in to renew my ABO card, I was rushing trying to get back to work and end up putting the wrong thing, but I generally put the right information on my paper.

Councilman Hightower: Shoplifting eleven years ago is what the deal was, that was it? Lieutenant Shoemake: Yes.

Motion by Councilman Hightower to grant the card, seconded by Councilman Green. Motion approved by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Spigener, and Green. 5. Out of Chamber: Councilmen Serio and Burrell. 2. Nays: None.

i. Joshua B. Lehmann

Lieutenant Shoemake: Mr. Lehmann was also denied for lying on his application. According to the application, he states that he has never been arrested for anything. He filled this out, however in January 1995, he was convicted of DWI and received a fine for it.

Mr. Lehmann: I made a mistake, driving while intoxicated. I pled no contest, I did not have an attorney, I couldn't afford one. And I just quit a job to go back to school to try to finish my degree and I'm waiting tables and I need my ABO card to serve alcohol to wait tables. I made a mistake. I did lie on my application, I admit that. I was in a hurry, it was 3:30, they were closing and I didn't read the question before I signed it. Arrest to me---I pled no contest, if they have it as convicted, that's wrong. I got probation which I'm off of now. I been clean ever since. I mean, I need the ABO card to wait tables to try and support myself through school.

Motion by Councilman Green to grant the ABO card, seconded by Councilman Hightower. Motion approved by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Green and Burrell. 7. Nays: None.

Councilman Green: Those are all of the ABO cards. I'd like to say that to the Council, congratulations, for being very generous today.

REPORTS FROM OFFICERS, BOARDS, AND COMMITTEES. None.

CLERK'S REPORT. Letter of Appeal: BAC-93-98, PAUL CORNELIUS, 8913 Rosedown Pl.; variance in side yard setback in an R-1D District, storage building. (E/Spigener) (not to be considered prior to 9-8)

COMMUNICATIONS AND MISCELLANEOUS MATTERS. The Council resolved itself into Committee of the Whole, on motion by Councilman Hightower, seconded by Councilman Cooper. Motion approved by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Green and Burrell. 7. Nays: None.

Motion by Councilman Hightower, seconded by Councilman Green, that the Committee Rises and Report and convene itself as the Council. Motion approved by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, Green and Burrell. 7. Nays: None.

There being no further business to come before the Council, the meeting adjourned by 4:07 p.m.

/s/James Edward Green, Chairman

/s/Arthur G. Thompson, Clerk of Council