CC3827
01-03-00
The regular meeting of the City Council of the City of Shreveport, State of Louisiana, was called to order by Chairman Phil Serio at 3:05 p.m.,Tuesday, December 28, 1999, in the Council Chamber of City Hall, 1234 Texas Avenue.
Invocation was given by Councilman Carmody.
On roll call, the following members were present: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell (arrived at 3:15). 7. Absent: None
Motion by Councilman Shyne, seconded by Councilman Spigener for approval of: the Summary Minutes of the Administrative Conference of December 13, 1999, Minutes of the Regular Meeting of December 14, 1999, and the Agenda as amended on December 27, 1999. Motion approved by the following vote: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, and Shyne. 6. Nays: None. Out of Chamber: Councilman Burrell. 1.
Awards, Recognition of Distinguished Guests and Communications of the Mayor Which Are Required by Law. Mayor Hightower: I would like to get Mr. Ferdinand to come forward. We talk a lot about the good job that people at City Hall do in the departments and the people they surround themselves with. We got some recognition from the United States EPA this past week and wanted to present this environmental good news to Larry and his department along with plaque from the EPA Region 6. Presented to the City of Shreveport and its regional administrators for the Environmental Excellence Award, and it has to do with the Brownsfield Redevelopment Program. So, Larry I appreciate the work that you and everybody in your department has done and on behalf of the City, we hope that you'll hang that up over there and tell them all thanks for the good work. Mr. Ferdinand: Thanks you, Mr. Mayor.
Public Hearings and 2000 Meetings of the Council: The Chairman announced that the Council will have a Public Hearing on the Resolution to adopt the Shreveport Comprehensive Revitalization Strategies Report as a Redevelopment Plan, on January 11, 2000. Councilman Burrell: Looking forward to the public hearing on an effort that we been working on for the last six months. Councilman Serio: I know you have worked very hard on this
The Council addressed meeting changes for 2000 for the second meeting in February as well as the second meeting in December. Motion by Councilman Shyne, seconded by Councilman Carmody to add the changes to the agenda. Motion by Councilman Burrell, seconded by Councilman Shyne to make the follow changes: 1) the February 21, 2000 Administrative Conference changes to Thursday, February 17, 2000 and 2) the December 25, 2000 Administrative Conference changes to Thursday, December 21, 2000 with a Special Meeting to follow to introduce legislation, and 3) the Council Meeting changes to Wednesday, December 27, 2000. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
Confirmations and/or Appointments: Motion by Councilman Shyne to appoint to the Metropolitan Planning Commission - Ronald J. Miciotto and to appoint to the Downtown Development Authority - Karen Miller, motion seconded by Councilman Burrell. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
The Council considered the CONSENT AGENDA legislation.
INTRODUCTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:
Motion by Councilman Shyne, seconded by Councilman Burrell for Introduction of the Resolutions and Ordinances on the Consent Agenda not to be adopted prior to January 11, 2000. Motion approved by the following vote: Ayes: Councilmen Carmody, Stewart, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Out of Chamber: Councilman Huckaby. 1.
INTRODUCTION OF RESOLUTIONS:
6. Resolution No. 306 of 1999: A resolution ratifying the use of a stage by on December 14, 1999 by the Caddo Parish Juvenile Court and to otherwise provide with respect thereto.
INTRODUCTION OF ORDINANCES:
ADOPTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:
Motion by Councilman Shyne, seconded by Councilman Spigener for Adoption of the Resolution and Ordinances on the Consent Agenda. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
RESOLUTIONS:
RESOLUTION NO. 297 OF 1999
A RESOLUTION RATIFYING THE USE OF CERTAIN EQUIPMENT BY SOUTHFIELD SCHOOL AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.
WHEREAS, the City desires to participate in programs which directly benefit the citizens and visitors of the City by participating with sponsors of events that provide wholesome activities which serve to benefit the entire community; and
WHEREAS, Southfield School ("Southfield") will begin rehearsals on December 13, 1999 for the December 18, 1999 performance of The Nutcracker; and
WHEREAS, Southfield requested and was granted the use of 8 Ellipisoids; 16 Fresnels; Connectors (for the lights); 2 50-60' cables; and 2 follow spots for the production;
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 8 Ellipisoids; 16 Fresnels; Connectors (for the lights); 2 50-60' cables; and 2 follow spots by Southfield School from December 13, 1999 to December 18, 1999 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.
ORDINANCES:
ORDINANCE NO. 221 OF 1999
AN ORDINANCE CLOSING AND ABANDONING GABRIEL PLACE IN THE HOLLYWOOD HEIGHTS, UNIT NO. 4-A, SUBDIVISION, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.
BE IT ORDAINED by the City Council of the City of Shreveport, in due, legal, and regular session convened, that the 50 foot-wide by 100 foot-long dedicated Gabriel Place right-of-way running west from Armstrong Place and abutting Lots 117 and 118 of the Hollywood Heights, Unit No. 4-A, Subdivision in the SE/4 of Section 17 (T17N-R14W), Caddo Parish, Louisiana, and as shown and as indicated on the plat attached hereto and made a part hereof, is hereby closed and abandoned, and be it ordained that a 5 foot-wide utility servitude running in a north-south direction be retained at the west end of the closed and abandoned street right-of-way.
BE IT FURTHER ORDAINED that a certified copy of this ordinance be filed and recorded in the official records of the District Court for Caddo Parish, Louisiana.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this ordinance which can be given effect without the invalid provisions, items or applications and to this end the provisions of this ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all ordinances or resolutions or parts thereof in conflict herewith are hereby repealed.
/s/Phil Serio, Chairman
/s/Arthur G. Thompson, Clerk of Council
ORDINANCE NO. 222 OF 1999
AN ORDINANCE CLOSING AND ABANDONING A PORTION OF SOUTH LAFAYETTE STREET IN THE PROSPECT PARK SUBDIVISION, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.
BE IT ORDAINED by the City Council of the City of Shreveport, in due, legal, and regular session convened, that the 40 foot-wide dedicated South Lafayette Street running from Airport Drive east to the KCS Railroad right-of-way and abutting Lots 62 thru 68 of the Prospect Park Subdivision in the NE/4 of Section 25 (T18N-R14W), Caddo Parish, Louisiana, and as shown and as indicated on the plat attached hereto and made a part hereof, is hereby closed and abandoned, and be it ordained that two 20 foot-wide servitudes be retained for an existing 8 inch sanitary sewer main and a 2 inch steel gas main as indicated and as described on the attached plat.
BE IT FURTHER ORDAINED that a certified copy of this ordinance be filed and recorded in the official records of the District Court for Caddo Parish, Louisiana.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this ordinance which can be given effect without the invalid provisions, items or applications and to this end the provisions of this ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all ordinances or resolutions or parts thereof in conflict herewith are hereby repeal
/s/Phil Serio, Chairman
/s/Arthur G. Thompson, Clerk of Council
REGULAR AGENDA LEGISLATION:
RESOLUTION NO. 298 OF 1999
A RESOLUTION REPEALING RESOLUTION NO. 132 OF 1989 AND OTHERWISE PROVIDING WITH RESPECT THERETO
WHEREAS, the City Council adopted Resolution No. 132 of 1989 at a time when it was felt that declining local, state and federal funds were making the preparation of the City's annual operating budget progressively more difficult, requiring that a formal process of multi-year budget forecasting be implemented; and
WHEREAS, the conditions which made it desirable to adopt Resolution No. 132 of 1989 no longer apply tot he budget process of the City of Shreveport.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in legal session convened that Resolution No. 132 of 1989 is hereby repealed.
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 Spigener, seconded by Councilman Burrell passed by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
RESOLUTION NO. 300 OF 1999
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE RED RIVER WATERWAY COMMISSION AND HORSESHOE GAMING RELATIVE TO THE REIMBURSEMENT OF DESIGN COSTS FOR THE RIVERVIEW PROJECT AND OTHERWISE PROVIDING WITH RESPECT THERETO.
WHEREAS, the Red River Waterway Commission has allocated approximately $6.5 million toward the design and construction of a project ("Riverview") to be located on the Shreveport Riverfront; and
WHEREAS, the Red River Waterway Commission has already expended funds on the design of the Riverview project; and
WHEREAS, Horseshoe Gaming has submitted an application to the Louisiana State Gaming Commission to locate the State's fifteenth riverboat casino on a portion of the site of the Riverview project; and
WHEREAS, the Red River Waterway Commission has requested that the City and Horseshoe Gaming execute a letter agreement, assuring the Commission that it will be reimbursed for its design costs if Horseshoe Gaming is awarded the casino license and the Riverview project cannot be constructed in its originally-planned location; and
WHEREAS, the Mayor believes that such an agreement is in the best interests of the City and the Riverview project and fully intends to seek reimbursement in full from Horseshoe Gaming, should it receive State approval to locate a casino at that location.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, in legal session convened, that the Mayor be and is hereby authorized to execute an agreement with Horseshoe Gaming and the Red River Waterway Commission, in which the City and Horseshoe Gaming assure that all of the Commission's design funds expended on the current Riverview site will be reimbursed to the Commission if Horseshoe Gaming is awarded a State license to construct a riverboat casino on the current Riverview site.
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 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 Shyne, seconded by Councilman Spigener passed by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
INTRODUCTION OF RESOLUTIONS: None.
INTRODUCTION OF ORDINANCES:
Read by title and as read motion by Councilman Shyne, seconded by Councilman Huckaby for Introduction of the Ordinances to lay over until January 11, 2000 meeting. Motion passed by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
ORDINANCES ON SECOND READING AND FINAL PASSAGE:
Having passed first reading on November 23, 1999 was read by title and on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Burrell, seconded by Councilman Shyne adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
Having passed first reading on November 23, 1999 was read by title and on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Spigener, seconded by Councilman Shyne adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
Having passed first reading on November 23, 1999 was read by title and on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Shyne, seconded by Councilman Carmody adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
Having passed first reading on December 14, 1999 was read by title and on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Shyne, seconded by Councilman Carmody to postpone the ordinance until the January 11, 2000 meeting. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
Having passed first reading on December 14, 1999 was read by title and on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Shyne, seconded by Councilman Carmody to postpone the ordinance until the January 11, 2000 meeting. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
Having passed first reading on December 14, 1999 was read by title and on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Shyne, seconded by Councilman Huckaby for adoption.
Councilman Carmody: As I mentioned yesterday, we had a meeting after our Administrative Conference with the surrounding neighbors as well as the Neighborhood Association and the planned developers of this tract on East Kings Highway. What I'd like to do is offer this amendment to Ordinance No. 220 of 1999:
On page one, in Section II, delete stipulation 1. and substitute the following:
1. Development to be in substantial accord with revised site plan dated 11/29/99 with any additions, changes or expansion to require review and approval of the Planning Commission.
4. Dumpster pick-up hours shall be limited to 6:00 a.m. - 9:00 p.m., only.
And I would like to ask my fellow Council members to vote to pass this amended ordinance.
Councilman Huckaby: I'd like to ask Mr. Carmody, has the applicant been advised of these amendments? Councilman Carmody: Yes, sir he was there last night at our meeting and these were the amendments that were agreed to by all parties.
Motion by Councilman Shyne, seconded by Councilman Carmody for adoption of the amendment. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
Motion by Councilman Spigener, seconded by Councilman Shyne for adoption of the ordinance as amended. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
Having passed first reading on December 14, 1999 was read by title and on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Burrell, seconded by Councilman Shyne to postpone the ordinance until the January 11, 2000 meeting.
Councilman Burrell: In the light that I'm going to be working with some of the residents, I see Mr. Carter out in the audience. But I've had some dialogue with the residents there and trying to work to see if there is any possible solution to the situation out there. There is only one access to this particular motel and its through the community and the community is having some problem with that at this juncture, so we'll be working on that to resolve something, if possible.
Councilman Shyne: Mr. Burrell, I know that is in your district, but would you allow me to make a couple of remarks pertaining to that? Councilman Burrell: Sure. Councilman Shyne: And like I say, it is not in my district, but I did go out and take a look at it, 'cause Ms. Spigener will tell you, generally, I'm for the residents who live in a particular neighborhood. In this particular case, I 've had an opportunity to look at this particular zoning case and to talk to some of the people in that area. To me, it is a good land use and basically that is how I like to look at a zoning issue from the standpoint, if it is a good land use and then I also try to look to try to take a historical look at what has happened in the past. And I believe from looking at some of the police reports, there have never been a tremendous amount of incidents that have happened in that area that would upset the quality-of-life in that community. I did talk to some of the people in that area and I will have to admit that there was one resident that was very adamantly against having it zoned. There were others that I talked to, really didn't seem like it impacted them one way or the other as long as they would be guaranteed that if there was any violence or anything that would go on there, that the Police Department would come out and handle it. And Chief, I told them that we do have the best Police Department in the state and we do have a Chief who is very sensitive and who has a lot of compassion toward the people in the neighborhoods.
So, I really didn't find a lot of problems and a lot of opposition. I do realize that it is kind of back up in the neighborhood, but it does kind of sit off to itself. And if I'm not mistaken, I think there are only probably about 8 or 9 rooms, maybe 10 at the most; am I right, Mr. Carter? What is it about 10 rooms. I didn't see where it would be a whole lot of traffic going on in that neighborhood Chief, unless they were selling a few drugs and Mr. Carter guaranteed me and he indicated that there would not be any type of drugs even including alcohol or anything like that, that would be sold at the particular establishment (balance of Mr. Shyne's comments pertaining to being in favor of the application.). I did go by there while you were out of the town.
Councilman Burrell: . . . out of the country, right. As most people know, I am pro-business but I am pro-neighborhood too. You've had a limited time to look at the situation. I've had 5 years.
What I'm trying to get the residents to do on Mr. Carter's behalf, since he has bought the motel I believe from his aunt as I understand the history, is to see if there is some way that they can work out an amenable solution to this. Now, my history and experience on this particular business is that because of the truck stop that is located right adjacent to it, across the place, we've had, I've had a number of complaints from the residents that dealt with drugs, that dealth with prostitution associated with this establishment. Now, whether it is perception or real, the people in that neighborhood who felt that they've been neglected over the years because they are so far out finally got someone to listen to their concerns and this establishment has caused a lot of concern there, plus there are a lot of kids that live in that neighborhood and on that street and they play in that street and that is one of the reasons why I worked with the Police Department to try to get a playground because they don't have a place to play. And I don't know if you recall, but it was due to the fact that they had no place to play except for in the street that a child got killed on 70th Street right adjacent to that community that lived in that community.
The location of the business, as you stated, is back in the neighborhood. There is only basically, one way into that establishment. The street that runs along side of that establishment was never completed out to 70th Street, Lewis Street I believe is what the street is called. So, at this point, I'm trying to work out something with the residents and Mr. Carter. I've talked with him extensively. When I first met him, I told him that there was a grave concern about that business and I told him that it was unfortunate that he bought it without understanding the impact that it has had on that community but I would do whatever possible to try to help work with him on it. So, that is what we are in the process of doing and I'm going to listen to the residents as well as Mr. Carter. I've asked him to work with them, to become a part of their association to try to give them some sense of hope that this motel will not be a continued blot on that community because they are trying to lift themselves up in that area. So, at this point, I would respectfully request a postponement until we can work this situation out.
Councilman Shyne: Mr. Burrell, I do agree with you. I do agree with postponing it. You've had it for 5 years, I had it for about 12 years so I do know a little bit, something about the history of it. But, I do agree with you and I agree with everything that you've said, so I'll second your motion to postpone.
Motion to postpone approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
The adopted Ordinances follows:
ORDINANCE NO. 209 OF 1999
AN ORDINANCE AUTHORIZING THE PURCHASING AGENT TO DISPOSE OF SURPLUS REAL PROPERTY LOT 1, AREA 1, OF HUNTINGTON PARK SUBDIVISION AND OTHERWISE PROVIDING WITH RESPECT THERETO.
WHEREAS, the city of Shreveport has acquired certain real property; and
WHEREAS, the property listed herein is no longer needed for public purposes and should, therefore, be declared surplus and excess; and,
WHEREAS, Section 26-292 of the Shreveport Code of Ordinances provides that the sale of surplus property shall be by competitive bids after public notice.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport in due, legal and regular session convened, that the Purchasing Agent be and he is hereby authorized to advertise for bids for the following surplus real property owned by the City of Shreveport.
Lot 1, Area 1, Quail Cove in Huntington Park Subdivision, a subdivision of Shreveport, Caddo Parish, Louisiana, bearing Assessor's geographical number 1715230020001. Deed restrictions to restrict development of lot.
No permanent structure may be built thereon and the cash sale deed must include the following:
Purchasers specifically understand that the above described property has been determined to prone to flooding. Purchasers further acknowledge and agree that their heirs, assigns or successor owners are prohibited from erecting any permanent structure(s) on the above described property, as said property has been determined to be prone to flooding. Furthermore, purchasers and their heirs, assigns, on successor owners shall defend, indemnify and hold harmless the City of Shreveport from any losses or damages, or any action or proceeding of any nature whatsoever resulting from or caused by flooding of the property here in above described
BE IT FURTHER ORDAINED that the city reserves the right to reject any and all bids and waive any informalities.
BE IT FURTHER ORDAINED that the above described property is offered on an "as is, where is" basis without warranty of title or recourse whatsoever.
BE IT FURTHER ORDAINED that the Mayor is hereby authorized to execute any and all documents necessary to carry out the sale of the above described surplus property.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or 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 application, and to this end, the provisions of this ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict herewith are hereby declared.
/s/Phil Serio, Chairman
/s/Arthur G. Thompson, Clerk of Council
ORDINANCE NO. 210 OF 1999
AN ORDINANCE AUTHORIZING THE PURCHASING AGENT TO DISPOSE OF SURPLUS REAL PROPERTY LOT 6, UNIT 3-A, OF SOUTHERN HILLS PARK SUBDIVISION AND OTHERWISE PROVIDING WITH RESPECT THERETO.
WHEREAS, the city of Shreveport has acquired certain real property; and
WHEREAS, the property listed herein is no longer needed for public purposes and should, therefore, be declared surplus and excess; and,
WHEREAS, Section 26-292 of the Shreveport Code of Ordinances provides that the sale of surplus property shall be by competitive bids after public notice.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport in due, legal and regular session convened, that the Purchasing Agent be and he is hereby authorized to advertise for bids for the following surplus real property owned by the City of Shreveport.
Lot 6, Unit 3-A, 8917 Hawthorne, Southern Hills Park Subdivision, a subdivision of Shreveport, Caddo Parish, Louisiana, bearing Assessor's geographical number 161403037006. Deed restrictions to restrict development of lot.
No permanent structure may be built thereon and the cash sale deed must include the following:
Purchasers specifically understand that the above described property has been determined to prone to flooding. Purchasers further acknowledge and agree that their heirs, assigns or successor owners are prohibited from erecting any permanent structure(s) on the above described property, as said property has been determined to be prone to flooding. Furthermore, purchasers and their heirs, assigns, on successor owners shall defend, indemnify and hold harmless the City of Shreveport from any losses or damages, or any action or proceeding of any nature whatsoever resulting from or caused by flooding of the property here in above described .
BE IT FURTHER ORDAINED that the city reserves the right to reject any and all bids and waive any informalities.
BE IT FURTHER ORDAINED that the above described property is offered on an "as is, where is" basis without warranty of title or recourse whatsoever.
BE IT FURTHER ORDAINED that the Mayor is hereby authorized to execute any and all documents necessary to carry out the sale of the above described surplus property.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or 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 application, and to this end, the provisions of this ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict herewith are hereby declared.
/s/Phil Serio, Chairman
/s/Arthur G. Thompson, Clerk of Council
ORDINANCE NO. 211 OF 1999
AN ORDINANCE AUTHORIZING THE PURCHASING AGENT TO DISPOSE OF SURPLUS REAL PROPERTY TRACT OF LAND, 100' X 375.54, AND OTHERWISE PROVIDING WITH RESPECT THERETO.
WHEREAS, the city of Shreveport has acquired certain real property; and
WHEREAS, the property listed herein is no longer needed for public purposes and should, therefore, be declared surplus and excess; and,
WHEREAS, Section 26-292 of the Shreveport Code of Ordinances provides that the sale of surplus property shall be by competitive bids after public notice.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport in due, legal and regular session convened, that the Purchasing Agent be and he is hereby authorized to advertise for bids for the following surplus real property owned by the City of Shreveport.
Tract of Land 100' x 375-54 on Common Street Extension/Airport. Survey costs to be borne by purchaser. The successful bidder must provide survey and legal description prior to execution of deed.
BE IT FURTHER ORDAINED that the city reserves the right to reject any and all bids and waive any informalities.
BE IT FURTHER ORDAINED that the above described property is offered on an "as is, where is" basis without warranty of title or recourse whatsoever.
BE IT FURTHER ORDAINED that the Mayor is hereby authorized to execute any and all documents necessary to carry out the sale of the above described surplus property.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or 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 application, and to this end, the provisions of this ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict herewith are hereby declared.
/s/Phil Serio, Chairman
/s/Arthur G. Thompson, Clerk of Council
ORDINANCE NO. 220 OF 1999
AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES, THE CITY OF SHREVEPORT ZONING ORDINANCE, BY REZONING PROPERTY LOCATED ON THE SOUTH SIDE OF E. KINGS HIGHWAY, 175 FEET WEST OF ARCHER AVENUE, SHREVEPORT, CADDO PARISH, LOUISIANA, FROM SPI-3, COMMERCIAL CORRIDOR OVERLAY DISTRICT TO SPI-3-E, COMMERCIAL CORRIDOR OVERLAY/EXTENDED USE DISTRICT LIMITED TO "A RESTAURANT WITH DRIVE THRU WINDOW" ONLY, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO
SECTION I: BE IT ORDAINED by the City Council of the City of Shreveport, Caddo Parish, Louisiana, in due, legal and regular session convened, that 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 Lots A and B of resubdivision of Plot 2, Broadmoor Subdivision, Unit #1, Shreveport, Caddo Parish, Louisiana, property located on the south side of E. Kings Highway, 175 feet west of Archer Avenue, be and the same is hereby changed from SPI-3, Commercial Corridor Overlay District to SPI-3-E, Commercial Corridor Overlay/Extended Use District limited to "a restaurant with drive-thru window" only.
SECTION II: THAT the rezoning of the property described herein is subject to compliance with the following stipulation:
4. Dumpster pick-up hours shall be limited to 6:00 a.m. - 9:00 p.m., only.
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.
/s/Phil Serio, Chairman
/s/Arthur G. Thompson, Clerk of Council
UNFINISHED BUSINESS (the legislation remained tabled):
NEW BUSINESS:
A. ABO card appeals:
- Taj Mohammad (Postponed until December 28)
Councilman Burrell: I took the opportunity to go and talk to some of the residents as well as the President of the Association in that area and they do have grave concerns about this particular establishment selling to underage kids. It wasn't my perception, it is actually a reality which has only been beared out by the number of incidents that has taken place. As many of you know, that I support a lot of different positions on the ABO card to allow people to have a sense of livelihood in making a living for their families. But when it comes down to violating the ordinance as it relates to selling to minors and to children, I have a low tolerance for that. So, what I'm recommending on this and it is unfortunate that it is the case, but after repeated violations it would very hard for me to support this ABO application. I'm asking that my fellow Council members support me on this.
Motion by Councilman Burrell, seconded by Councilman Stewart to uphold the decision of the Chief of Police to deny the ABO card request. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
- Ronnie D. Clark (Postponed until Jan. 10): (Request postponed until Monday, January 10, 2000).
Councilman Burrell: I'm asking for another postponement. I understand from Mr. Kirkland, that there has been some changes made to the original plot plan for this. I don't know what initiated it. I talked with the engineer on this project this past week and also expressed concerns that I had gotten from the residents, the constituents in that area. As I understand today as I talked with Mr. Kirkland, there has been some additional changes made, so I'm requesting for an additional postponement on this matter.
Motion by Councilman Burrell to postpone the application until the next January 11, 2000 meeting seconded by Councilman Huckaby. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
Motion by Councilman Spigener to modify the decision of the Zoning Board of Appeals to uphold the approval of the application with the stipulations stating the decision of the Zoning Board of Appeals as shown in the Land Use Report provided to the City Council, except as follows:
Stipulation No. 2 is modified to read:
2. Trash/Waste pick up shall be limited to 7:00 a.m. to 7:00 p.m. only.
Stipulation No. 3 is modified to read:
3. Fork Lift operations outside the building (at the rear of the building only as shown on the site plan) shall be limited to 6:00 a.m. to 12:00 midnight, only.
Stipulation No. 6 is deleted.
Motion seconded by Councilman Huckaby. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
Councilman Carmody: This is the second portion of Zoning Board of Appeals. The applicant has asked for on premises of consumption of beer as well as operating until midnight. And again I would ask that we vote to approve the application. I want to commend the Broadmoor Neighborhood as well as the surrounding neighbors and the applicants working in the spirit of compromise to try to come up with the best solution for what we've got out there.
The motion follows:
Motion by Councilman Carmody to modify the Metropolitan Shreveport Zoning Board of Appeal's approval in CASE NO. BAC-128-99, INTERPLAN PRACTICE, LTD, Applicant, by approving the applicant's request for Special Exception Use approval and a variance in hours of operation in an SPI-3-E, Commercial Corridor Overlay/Extended Use District, to allow a drive-thru restaurant with on-premise consumption of beer operating until midnight, subject to the following stipulations:
4. Dumpster pick-up hours shall be limited to 6:00 a.m. - 9:00 p.m., only.
Motion seconded by Councilman Spigener.
Councilman Huckaby: I just want to be assured again that these stipulations were worked out with the cooperation of the applicant, is that right, Mr. Carmody. Councilman Carmody: Yes, sir Mr. Huckaby, that is correct.
Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
REPORTS FROM OFFICERS, BOARDS AND COMMITTEES.
CLERK'S REPORT.
Receipt of Letter of Appeal (case not to be considered prior to Jan. 11):
- BAC-124-99: CECIL & JUDY GATES, 3201 Hatcher Rd., east side of Hatcher Rd., 250' south of Yarbrough Rd., Special Exception Use in an R1D District, Livestock (12 horses). (A/Huckaby)
COMMUNICATIONS AND MISCELLANEOUS MATTERS.
The Council resolved itself into Committee of the Whole on motion by Councilman Burrell, seconded by Councilman Spigener and approved by the following vote: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
Motion by Councilman Shyne, seconded by Councilman Spigener that the Committee Rises and Report and convene itself as the Council. Motion approved by the following vote: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
There being no further business to come before the Council, the Council Meeting adjourned at 4:10 p.m.
/s/Phil Serio, Chairman
/s/Arthur G. Thompson, Clerk of Council