COUNCIL PROCEEDINGS OF THE CITY OF SHREVEPORT, LOUISIANA

MAY 11, 1999




The regular meeting of the City Council of the City of Shreveport, State of Louisiana, was called to order by Chairman John David Stewart at 3:05 p.m.,Tuesday, May 11, 1999, in the Auditorium of the Louisiana State Exhibit Museum, 3015 Greenwood Road. Invocation was given by Councilman Serio.

On roll call, the following members were present: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Absent: None.

Approval of the Summary Minutes of the Administrative Conference of April 26, 1999 and the Minutes of the Regular Meeting of April 27, 1999 and the Agenda as amended on May 10, 1999. Motion by Councilman Spigener, seconded by Councilman Shyne and approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

Awards, Recognition of Distinguished Guests and Communications of the Mayor Which Are Required by Law. Mayor Hightower: None. The Council considered Resolution No. 92 of 1999. Chairman Stewart: We have the professional Hockey League Presidential Cup Championship group here today and we have an item to be read and voted and then certainly recognized.

(Mayor Hightower read the resolution and proclamation in its entirety.) Mayor Hightower: I can certain attest that it is a good thing that they are all playing hockey because softball, there are some of them that are pathetic. They are great hockey, they brought great, I think, recognition to the city of Shreveport. We are certainly proud of this team and they have been here a short period of time and like I say, brought some great recognition to the city of Shreveport and we appreciate the fact that they have come down here and done such a good job.

Councilman Shyne: Councilman John David Stewart was just asking me a few minutes ago, say, Mr. Shyne you think we need to do a disparity study (inaudible). Councilman Stewart: I don't remember that, but I've learned to trust the Coach.

Councilman Serio: I think we have to be proud of this team. They did a great job for the city of Shreveport. They brought the name of Shreveport all over the country. Again, Mr. (Inaudible), I'm tickled to death to have Mr. (Inaudible) here. We've discovered we have got a great uncle, an Italian great uncle (inaudible). My great uncle, might be his grandfather. So it is kind of interesting that coming from Canada, that you've got family down here in South Louisiana as well, but I'm tickled that (inaudible) the city does a good job. Councilman Stewart: Rest assured, we won't hold that against you sir. Councilman Burrell: You might regret saying that.

Councilman Stewart: I think it is fair to say, everybody is proud of you. You have done a lot for the community, the Council, all of us are proud to have somebody here that's a winner and that's part of what Mr. Hightower is all about and the direction that we are going, please share your thoughts.

Councilman Burrell: Is that all of them or it is about twice as many. I was going to say, the way ya'll beat up on each other, you've got to have more than that; maybe this is what's left.

Coach: I would just like to thank the Council as well as people who are in attendance. It was a pleasure representing the City of Shreveport. We think we did the city proud and will continue to do so in the future. We hope, obviously, over at the Hirsch Coliseum, hopefully a repeat of this season. I know it is going to be a large (inaudible) but as we do go for the shot.

Councilman Carmody: As you know, all of the fans of the City of Shreveport are very proud of you, and I'm really surprised your No. 1 fan, Jerry Serguita is not in attendance but on behalf of Jerry and the rest of the fans, thank ya'll so much, you are very impressive with what you have accomplished.

Coach: From the players, I think, Councilmen that the Mayor's speech there, I think we would like to challenge all Council members and the. . . Councilman Stewart: On behalf of the Mayor, it has been accepted.

Mayor Hightower: One thing about these guys, before they leave, I will say not only are they great hockey players and brought great recognition to the city, but they've also given a lot back. And through the Mudbug charities, they have got several organizations, done numerous fund raisers so, certainly they've been a part of the community and they hadn't just come here to play and they are not headed back home. They are coming back and will continue to give back to our city. I think the fan recognition, the attendance at the game, and everything that has happened is indicative of what they've made happened, so we are certainly appreciative of them and their efforts.

Councilman Stewart: Good luck guys, we look forward to next season. Councilman Spigener: I always hated to see the choosing of the teams, because I was always the last one.

Mr. T. Haller Jackson, III, President of the Library Board of Control as well as Jim Pelton: We are so excited that finally the tax millage is coming to fruition as you've seen around the community. The new branches are going up at good pace, in fact they are at such a pace that we are reaching that point where we need to have a dedication before too long.

Why I've come today, is to talk to you about the plagues that may go on as part of the dedicating each of these buildings. What we wanted to do is get some sentiment or feedback from you. I think maybe a notice had been sent to you earlier on maybe what ought to go on the plagues as far as the City Council is concerned. Quite frankly, I was not as aware as I should be as how frequently the offices rotate within the Council itself. And for that purpose, what we were trying to do is be inclusive and recognizing people from the time that the millage was passed, all the people on the City Council until the time the actual plague is decided upon for a particular library. There has been some discussion as to within the listing of individual Council members, whether there should be a listing of any particular offices particularly with regard to Chairman of the Council, that sort of thing. So I'm here today, really celebrating the fact that we have these libraries very near toward completion, some of them, and in celebration of that we want to have plaques recognizing you as City Council members and some that have already rotated out of office but were there during the time that the millage was passed. And we really would just like for some feedback as to how to list everybody to make sure that we do it appropriately and don't offend anybody.

As a way of getting into this, there are several different thoughts about it. One initial thought was to list everybody alphabetically, one thought would be to list the Chairman of the Council at the time that the plague is dedicated or made. There are several different ways to do that. The current policy as adopted by the board was to recognize a President of the Parish Commission and a President or Councilman who was in office at the time the plague was dedicated. But I realize there, the office goes in and out and I just wanted to make sure that whatever we put on the buildings is appropriate. These plagues, unfortunately, they tell me, I don't exactly but they are fairly expensive; so whatever we want to put up there we want to last and we want everybody to be proud of. So', I've probably said too much, but just an idea, a little backdrop. If there is any feedback from the Council on how to list the Councilmen on the plaque and to be recognized, we'll appreciate it.

Chairman Stewart: Hall, you are very kind and I think it is gracious and I believe everyone on the Council would obviously want it to be most appropriate, an all inclusive issue, so with your permission, Mr. Art Thompson will be in touch with you and we will figure out what is best and we'll present it to the Council. Mr. Jackson: That will be just fine. Chairman Stewart: What sort of time frame are you on? Mr. Jackson: I think, as soon as possible. Chairman Stewart: How about next week? Mr. Jackson: That'll be just great.

Councilman Burrell: As far as I'm concerned, they can list it the way the want it as long as I'm Chairman of the Council. Mr. Jackson: The Mayor will be listed there. What we would like, what we really specifically is need some guidance and some thoughts, if you would, about the City Council. Obviously the Mayor will be there, and the usual things that are on a plague: the contractor, the architect, and that sort of thing. But realizing these things are likely to be there for a good while we just want to make sure that they are appropriate and not be, I should probably have done this from the very start, before we had a policy in place on the board and I apologize for not coming to you ahead of time, but anyway at this point, if we could get some feedback. Chairman Stewart: You owe us no apology. We just appreciate your interest.

Councilman Burrell: You did say that your Board already made some decisions on this? Mr. Jackson: The Board has a policy right now, as of a week ago, the policy was changed to reflect in you all's situation, all City Councilmen from the time the millage was passed up until the plague is actually fabricated and made and it would list the Chairman at the time the plague was made. What I need some direction on, is that an appropriate thing because there are obviously, presidents, chairmen that change out from the time the millage is passed. Just a little bit of background to help you on this, we didn't have a bond election, we got millage and so our money comes in over 10 years and building buildings over a ten year period. So, it is not that we can dedicate everything all at one time. We are going through a process that four libraries to start off with in the first phrase, and some (inaudible) there are four or five in the second phrase; so, going into this in phrases, so it is a little awkward we can't just dedicate everything all at once. But the current policy would be to list whoever was chairman at the time the plaque was made.

Councilman Burrell: You don't have to worry about us, we don't have egos at the Council.

Councilman Shyne: I really think that what Mr. Burrell is talking about, is that within a few weeks, if you wait a couple of weeks then Councilman Stewart will be going off as Chairman and he'll be coming on as Chairman and just didn't want to just come out and say it. Mr. Jackson: I'm so ignorant, somebody just told me about that.

Councilman Stewart: You are not ignorant, you are innocent; there is a big difference. You are very kind to come forward and spend your effort and I mean that sincerely, not just being courteous. You would be surprised how many times names are misspelled, titles are omitted, so it does make a difference and we appreciate it and with Mr. Thompson's help and presence and guidance, we'll get you an answer. Mr. Pelton, glad to have you with us.

Councilman Huckaby: There is pending before the Council today, a resolution which I sponsored changing the name of Christian Street to Fertitta Drive. And Mr. Fertitta who is deceased, his daughter is here and desires to speak on this matter. Motion by Councilman Huckaby to suspend the rules to allow Ms. McCall to speak and to vote on the resolution, seconded by Councilman Burrell and unanimously approved.

Ms. Agatha Fertitta McCall and Family members: I appreciate this honor and the rest of the Councilmen and Mayor.

My dad was quite a person in Shreveport. He was born and raised in the City of Shreveport and that about 3 blocks from where our store is today, he was born there on Ashton Street which is no longer there. But he always made this statement, that he didn't go very far in life, he went three blocks. But as a child, remember my dad being very, very proud after his heritage of being Italian, him coming from an immigrant family and to the City of Shreveport. They were in the grocery business and he always took pride in being the first delicatessen owner in the city of Shreveport. And the little corner where we are asking for this name change to be, dad always took a lot of pride in cleaning up that corner and keeping the streets cleaned and in fact I remember one time him calling Mayor Fant and asking him to please send a city sweeper down to sweep the street, I don't think we have city sweepers any longer. But it was like the next night the sweep machine came through the city through our little area and cleaned up the street for us; so, we are really honored to have that street named after him. This is my brother John and my son, Patrick; my daughter, Nina which are the grandchildren and the great granddaughter, Michelle and my husband, Robert and my niece is taking pictures of me. This is quite an honor for our family and I appreciate you doing this for us.

Councilman Huckaby: Ms. McCall, you didn't tell us anything about what the father was famous for, the Muffie? Ms. McCall: The Muffie Sandwich. He brought the, that's our version of the Muffaletta. He brought it up from New Orleans and made Shreveport famous and it is also national trademark, the name Muffie. And to make a long story short, the reason it is not called the Muffaletta because daddy could not afford the neon sign on top of the building with Muffaletta, so we shortened to Muffie. I get a lot of customers that come in and say, ya'll are famous for the Muffaletta. I go, no, we are famous for the Muffie because we couldn't afford the name. We are just really proud of that. And then last year we were on the national register of historic places, our building, for that; quite an honor. My grandfather had the building built in 1927; so it is just a landmark and we want everybody there to eat tomorrow.

Councilman Stewart: You want to tell everybody how to get there? Ms. McCall: It is easy. If you are coming from the interstate, coming from the west you would take Line Avenue exit and you would turn to the left and come up one block and that would be Christian Street but that is going to be Sam Fertitta Drive. If you are coming from the east, you would take Fairfield exit at the top of the exit turn to the right, that will be our building. Just right close to downtown, just in the heart of the city so ya'll come eat. (The Council considered Resolution No. 89.)

Councilman Burrell: We need to look at trying to get that building, a historical building. Ms. McCall: It is. Councilman Burrell: It is already designated? Ms. McCall: Last year.

Councilman Carmody: What year did your father pass away? Ms. McCall: 1994. Councilman Carmody: I was going to say, I remember as a child playing down the street, coming down to have candy and a Muffie, a very nice man. Ms. McCall: It was '79 or so, and he lived a long full life. He was at the store, he actually retired in 1980 and that's when I took the store over. He stayed every day, he came every day to the store. He said, where else am I going to go, this is home and even though I kept say, well daddy take a cruise or do something. And he say, no, no, no I have got to be here because I want to see my customers. He was just a wonderful person and many, many people in our city, I'm sure remember him and he was well loved and this is really an honor, a real honor for us; thank you.

Councilman Huckaby: I'm a fairly frequent customer out there, that is I happen to be over in your district and they asked me to do this for them. But I want to request of the Public Works Department, I believe would be the ones to put the sign up. When we do it Mr. Mayor, would like to get a little notice. The Fertittas would like a little ceremony on the day that they put the sign up, so we would like to get a little prior notice if we could. Ms. McCall: We'd like the Mayor to come, if he wouldn't mind. Mayor Hightower: Are you going to have Muffies? Ms. McCall: Absolutely.

Councilman Stewart: I've had the pleasure of knowing John and Joe for many years in college and junior high and high school and some of the others. Ms. McCall: You are telling your age. Councilman Stewart: Actually, I'm older than all of them, but I knew them. We had an opportunity, our family did in '81 when our children were not quite 1 and 3. We purchased an old house on Fairfield and it took us (inaudible) and it took us for 10 months to finish it. And literally, this is not just for publication and being cute, every Saturday we got an '82 Chevrolet pickup and drove down to the bottom of the hill and we got everybody a Muffie and soft drinks and occasionally I had something else. And we drove back up the hill and ate it under the tree for almost ten months total; it was a ritual. It was good then as it is now. Ms. McCall: Thank you. Councilman Stewart: We are glad to have you with us. Ms. McCall: Well, my dad told me just before he passed away, he said if you the sandwich and don't sell it the way I did, he said, I'll come back and haunt you. I don't think I want that so, I've been trying to uphold his good name. Councilman Stewart: Everybody has been satisfied, rest assured.

Councilman Shyne: I would like to recognize Mr. Luscious Harris who I don't want to mess up his title, but he is a member of the Union Masonic Lodge for the State of Louisiana and this organization has contributed an astronomical amount of monies and resources to uplift and enhance this community here in Shreveport and not only Shreveport, but all across the state of Louisiana. And we are proud to have them sitting down. I don't want to mess up their names and their titles, so if you have someone who will give us his name and title. Mr. Harris: Certainly, we want to recognize our District Deputy Grand Master for the 16th Masonic District of the More Worthy of the Prince Hall Grand Marshall for the State of Louisiana nor more than Armis Tagert, Jr. Councilman Stewart: Let everybody be aware that Mr. Harris is not necessary new to politics, he introduced himself and informed me that he was a constituent, where he lived, the condition of the road, asked for my card, and I have his number.

Councilman Burrell: That's my dirt hauler and he has a dirt hauling business, so I do need some more dirt this year on my lawn. Councilman Shyne: Don't do like you did last time, don't give it to him, make him pay for it this time. Councilman Burrell: He didn't tell me that.

Mayor Hightower: We want to bring one other person before you today, Mike Strong, Public Works Director is here with our new Streets and Drainage Director and I'd like to introduce him to the Council. Mr. Strong: I would like to introduce you to Johnny Falcon. Johnny has been an employee of the city for some 22 years. In fact he served back when I was in Streets and Drainage as a supervisor and I promoted him up to Chief Supervisor back during that period time. I think he is from Pelican, Louisiana by way of Coushatta and ended up in Shreveport, but he's been with us a long time. And I've appointed him as the new Streets and Drainage Superintendent and he has served the last six weeks as interim. So, he done us a good job, he definitely knows some of the drainage systems in town here and the streets also, so I'm very proud to have him and looking forward to getting him to working here too. I wanted ya'll to meet him and see the new face that will be down at Streets and Drainage. Mr. Falcon: I just want to thank everyone for giving me this opportunity to be able to serve this great city.

Councilman Carmody: I would like to commend Mr. Falcon before he walks out the door that I had the opportunity to meet with residents at Valencia Subdivision and they were all quite impressed with his work and his diligence in helping them resolve their problems; so, he started off on a great foot and just keep up the good work.

Councilman Burrell: I too, I gave him all of his accolades yesterday, he missed them and I'm not going to give them to you today, but I gave them all to you yesterday, you can ask Mike about them.

Councilman Stewart: Johnny, good luck. Mayor, congratulations on an excellent appointment.

Public Hearings: None.

Confirmations and/or Appointments: None.

Motion by Councilman Burrell to suspend the rules to add a resolution to the agenda, seconded by Councilman Shyne and unanimously approved. Motion by Councilman Burrell to add Resolution No. 97 of 1999 to the agenda to lay over until the May 25th, seconded by Councilman Shyne and unanimously approved.



The Council considered the Consent Agenda legislation.



INTRODUCTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:



Motion by Councilman Burrell, seconded by Councilman Spigener for Introduction of the Resolutions on the Consent Agenda not to be adopted prior to May 25, 1999. Motion approved by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Out of Chamber: Councilman Huckaby. 1.





INTRODUCTION OF RESOLUTIONS:



1. Resolution No. 96 of 1999 by Councilman Stewart: A resolution authorizing the donation of the use of chairs to allow Caddo Magnet High School to rehearse for their 1999 graduation ceremony and otherwise providing with respect thereto.



2. Resolution No. 97 of 1999 by Councilman Burrell: A resolution authorizing the waiver of the entire building fee for the Convention Hall for the Shreveport Multi-cultural Center organization to hold a Public Awareness presentation and otherwise providing with respect there.



INTRODUCTION OF ORDINANCES: None.





ADOPTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:



Motion by Councilman Spigener, seconded by Councilman Shyne for Adoption of the Resolutions 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.



RESOLUTION NO. 82 OF 1999

A RESOLUTION AUTHORIZING THE WAIVER OF THE ENTIRE BUILDING RENTAL FEE FOR ONE OF THE BARNWELL GARDEN AND ART CENTER MEETING ROOMS FOR THE LOUISIANA RETIRED TEACHER ASSOCIATION, DISTRICT XI TO HOLD ITS MEETINGS AND OTHERWISE PROVIDING WITH RESPECT THERETO.



BY: COUNCILMAN SHYNE



WHEREAS, the Louisiana Retired Teacher Association, District XI plans to hold its meetings in September and March of each year with the exact day to be determined with SPAR in one of the Barnwell Garden and Art Center meeting rooms; and

WHEREAS, the Louisiana Retired Teacher Association (LRTA), District XI is a nonprofit organization, consisting of members from Caddo Bossier, Webster Claiborne and Bienville Parishes, that helps retired teachers and keeps them appraised of events and legislation that may affect them; and

WHEREAS, the LRTA, District XI participates in the state project History of Education - Last 100 years where teachers are interviewed and their teaching experiences are recorded. The group also supports member participation in the national project Up With Youth that encourages education in our young people; and

WHEREAS, the LRTA, District XI encourages retired teachers to participate in volunteer projects in their own school districts; and

WHEREAS, it is therefore in the public interest and it serves a public purpose for the City to waive the entire rental fee for the use of one of the Barnwell Garden and Art Center meeting rooms by the Louisiana Retired Teacher Association, District XI.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, in due, legal and regular session convened, that the entire rental fee for the use of one of the Barnwell Garden and Art Center meeting rooms by the Louisiana Retired Teacher Association, District XI to hold its meetings in September and March of each year, with the exact day to be determined with SPAR, is waived and the provisions of Section 26-123 and Section 26-124 of the Code of Ordinances are suspended relative to these events only.



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. 83 OF 1999

A RESOLUTION AUTHORIZING THE WAIVER OF THE ENTIRE BUILDING RENTAL FEE FOR THE CIVIC THEATER AND THE CONVENTION HALL FOR THE JUNIOR LEAGUE OF SHREVEPORT-BOSSIER, INC. TO HOLD FOLLIES 2000 AND OTHERWISE PROVIDING WITH RESPECT THERETO.



BY: COUNCILMAN STEWART



WHEREAS, The Junior League of Shreveport-Bossier, Inc. plans to hold Follies 2000 - Millennium Madness February 10 - 12, 2000 in the Civic Theater and its galas in the Convention Hall as its major fund-raiser; and

WHEREAS, The Junior League of Shreveport-Bossier, Inc. is a nonprofit organization that uses all of its proceeds from this event to finance community projects, such as their partnerships with the Shriner's PAL's Program, the Lighthouse, VOA Pregnancy Services, The Louisiana State Exhibit Museum, Substance Abuse/Mendez Program, Shreveport Juvenile Justice, Providence House and Kidspace at Sci-Port; and

WHEREAS, the impact of continuing the Junior League theme "Making a Difference, Making it Count" will significantly serve our community as a whole. The 1996 Follies raised over $100,000 for civic projects and the Follies 2000 are expected to do the same; and

WHEREAS, it is in the public interest and serves a public purpose for the City to waive the entire rental fee for the use of the Civic Theater for rehearsal and performance February 7-13, 2000 and the Convention Hall for its galas by The Junior League of Shreveport-Bossier, Inc.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, in due, legal and regular session convened, that the entire rental fee for the use of the Civic Theater and the Convention Hall by The Junior League of Shreveport-Bossier, Inc. to hold Follies 2000 on February 7 - 13, 2000 is waived and the provisions of Section 26-123 and Section 26-124 of the Code of Ordinances are suspended relative to this event only.

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. 84 OF 1999

A RESOLUTION TO AUTHORIZE THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SHREVEPORT AND THE TIMES FOR THE TIMES' FOURTH OF JULY CELEBRATION 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 Times desires to promote patriotism and a celebration of Independence Day for the people of Shreveport and the surrounding area; and

WHEREAS, the Times desires to sponsor the Times' Fourth of July Celebration; and

WHEREAS, the City declares the Times' Fourth of July Celebration to serve such a public purpose; and

WHEREAS, the City and the Times desire to support and provide services as identified under the terms of this contract to produce the Times' Fourth of July Celebration.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Shreveport in due, legal and regular session convened that Keith Hightower, Mayor, is hereby authorized to execute and agreement between the City of Shreveport, and the Times to hold the Times' Fourth of July Celebration 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 April 21, 1999.

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.



RESOLUTION NO. 85 OF 1999

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 and its officers and employees in lawsuits involving personal injury claims and property damage with primary emphasis on general liability claims, including vehicular accident claims.

WHEREAS, pursuant to Section 8.03 of the City Charter, the City Attorney recommends that Dale Cox, Attorney at Law, 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 Dale Cox, Attorney at Law, 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 April 27, 1999.

BE IT FURTHER RESOLVED that expenses from 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. 86 OF 1999

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 and its officers and employees in lawsuits involving Public Works and related litigation.

WHEREAS, pursuant to Section 8.03 of the City Charter, the City Attorney recommends that J. Ransdell Keene, Attorney at Law, 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 J. Ransdell Keene, Attorney at Law, 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 April 27, 1999.

BE IT FURTHER RESOLVED that expenses from 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. 87 OF 1999

A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SHREVEPORT AND THE MOUNT HERMON YOUTH SPORTS LEAGUE, INC., AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.



WHEREAS, the City desires to support recreational programs which directly benefit the youth of the City by providing wholesome activities which serve to benefit the entire community; and

WHEREAS, the Mount Hermon Youth Sports League, Inc., (hereinafter referred to as League) desires to provide a youth baseball program for all eligible youth in the City of Shreveport; and

WHEREAS, City desires to participate with the League in the sponsorship of its youth baseball and softball programs for 1999; and

WHEREAS, the baseball program sponsored by the League provide a public benefit and serves a public purpose.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, legal and regular session convened that the Mayor is authorized to execute an agreement with the Mount Hermon Youth Sports League, Inc., substantially in accordance with the draft attached hereto and filed for public inspection with the original of this resolution in the Office of the Clerk of Council on April 27, 1999.

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.



ORDINANCE NO. 58 OF 1999

AN ORDINANCE CLOSING AND ABANDONING PORTIONS OF WILLIAMSON STREET AND WESTERN AVENUE, 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 irregular shaped portions of Williamson Street and Western Avenue located north of Peabody Street in the S/2 of Section 36 and in the SW/4 of Section 37 (T18N-R14W), Caddo Parish, Louisiana, and as shown and as indicated on the plat attached hereto and made a part hereof, are hereby closed and abandoned, and be it ordained that utility and drainage servitudes be retained throughout the two street right-of-way closures.

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/John David Stewart, Chairman

/s/Arthur G. Thompson, Clerk of Council



ORDINANCE NO. 59 OF 1999

AN ORDINANCE CLOSING AND ABANDONING THE DEDICATED ALLEYWAY IN BLOCK "I" OF THE PINE GROVE ADDITION SUBDIVISION BOUNDED BY MURPHY AND HARP STREETS AND BY ALABAMA AND ARKANSAS AVENUES, 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 20 foot-wide dedicated alleyway in Block "I" of the Pine Grove Addition Subdivision running between Alabama and Arkansas Avenues and bounded by Murphy and Harp Streets in the NE/4 of Section 3 (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 a utility servitude is hereby retained in the west 80 feet of the closed and abandoned alleyway.

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/John David Stewart, Chairman

/s/Arthur G. Thompson, Clerk of Council



RESOLUTIONS:



The Deputy Clerk read the resolution by title: Resolution No. 81 of 1999:

A resolution authorizing the Mayor to execute an agreement with Twin City Salvage Pool, Inc. for a vehicle storage facility and otherwise providing with respect thereto.



Read by title and as read motion by Councilman Burrell to postpone the resolution until the May 25, 1999 meeting, seconded by Councilman Shyne passed by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.



RESOLUTION NO. 89 of 1999

A RESOLUTION CHANGING THE NAME OF CHRISTIAN STREET (THE 900, 1000, AND 1100 BLOCKS) RUNNING BETWEEN SNOW AND BROOKS STREETS TO SAM FERTITTA 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 900, 1000, and 1100 Blocks of Christian Street running between Snow and Brooks Streets in the SE/4 of Section 37 (T18N-R14W), Caddo Parish, Louisiana, be and the same is hereby renamed and changed to Sam Fertitta 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 of Caddo Parish, Louisiana.

BE IT FURTHER RESOLVED that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this 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 Huckaby, seconded by Councilman Shyne passed by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.



RESOLUTION NO. 90 OF 1999

A RESOLUTION REQUESTING BIDS FOR THE OFFICIAL JOURNAL OF THE CITY OF SHREVEPORT FOR THE PERIOD COMMENCING JULY 1, 1999 THROUGH JUNE 30, 2000, APPROVING THE ADVERTISEMENT FOR SUCH BIDS AND OTHERWISE PROVIDING WITH RESPECT THERETO



BE IT RESOLVED by the City Council of the City of Shreveport, in due, regular and legal session convened that bids for the publishing of all minutes, ordinances, resolutions, budgets, official notices, advertisements, and other official proceedings of the City of Shreveport be and the same are hereby requested for the period July 1, 1999 through June 30, 2000.

BE IT RESOLVED that the bids submitted shall be for a printing in 6-point type. The bids shall also specify the rate to be charged for any display advertisements, such as advertisements for the Municipal Auditorium, Civic Theater, and Convention Hall, as distinguished from legal and advertisements which may be published by the City of Shreveport at any time.

BE IT FURTHER RESOLVED that the Clerk of Council be and he is hereby authorized to advertise for such bids in accordance with this resolution in a newspaper of general circulation in the City of Shreveport.

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

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



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



RESOLUTION NUMBER 92 OF 1999

A RESOLUTION TO RECOGNIZE AND EXPRESS CONGRATULATIONS TO THE SHREVEPORT MUDBUGS FOR WINNING THE 1999 WESTERN PROFESSIONAL HOCKEY LEAGUE PRESIDENTIAL CUP CHAMPIONSHIP



BY: Councilman Shyne



WHEREAS, the Shreveport Mudbugs set a league record for the most wins which was 47 for the 1998-1999 Season; and

WHEREAS, they also set a record for the most points scored in a season which was 99; and

WHEREAS, they set a record for the most consecutive wins which was 12; and WHEREAS, the Shreveport Mudbugs won 36 of its last 39 games and in the process won the Western Professional Hockey League President's Cup Championship.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City

of Shreveport, in due and legal session convened, finds that the Shreveport Mudbugs are worthy and deserving of all honors.

BE IT FURTHER RESOLVED THAT the City Council finds that the Shreveport Mudbugs are exemplary citizens of this community and the State of Louisiana.



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



RESOLUTION NO. 93 OF 1999

A RESOLUTION REQUESTING THE METROPOLITAN PLANNING COMMISSION TO CONSIDER AN AMENDMENT TO CHAPTER 106 OF THE CODE OF ORDINANCES, THE CITY ZONING ORDINANCE AND OTHERWISE PROVIDING WITH RESPECT THERETO.



WHEREAS, the City Council has enacted provisions of Chapter 106 of the Code of Ordinances, the Zoning Ordinance, requiring approval by the Zoning Board of Appeals of a special exception use for the sale and/or dispensing of alcoholic beverages; and

WHEREAS, the City Council has also enacted Chapter 10, the Alcoholic Beverage Ordinance, regulating the sale, handling, dispensing, and consumption of alcoholic beverages; and

WHEREAS, the City Council recognizes that it is the responsibility of business owners to determine what requirements must be met and what governmental approvals must be obtained in order to open or expand a business; and

WHEREAS, while the Zoning Ordinance and the Alcoholic Beverage Ordinance are separate ordinances with different enforcement provisions, it is the desire of the City Council that their implementation and enforcement be coordinated to the maximum extent possible.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, legal and regular session convened that the Metropolitan Planning Commission is requested to consider an amendment to the Zoning Ordinance to address the following:



1. A requirement that all applications for action by the Metropolitan Planning Commission or the Zoning Board of Appeals contain a notice that action by those bodies does not constitute full approval of the proposed use for all purposes. A further requirement that the notice state that the applicant should determine what other requirements must be met and what other governmental approvals will be necessary, including but not limited to the following: a) Chapter 10 of the Code of Ordinances (including but not limited to obtaining an alcoholic beverage retail dealer's permit, location requirements and time constraints), b) building code and building permit requirements, c) fire safety code, d) health and sanitation requirements, e) occupational license tax.



2. An amendment to the ordinance provisions relative to the Zoning Board of Appeals, to require the board to deny a special exception use approval for alcoholic beverages when the proposed location and/or use would be in violation of Section 10-142, 10-143, or 10-144 of the Code of Ordinances.



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

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



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



RESOLUTION NO. 94 OF 1999

A RESOLUTION APPROVING THE BUDGET FOR THE CADDO-SHREVEPORT SALES AND USE TAX COMMISSION FOR THE FISCAL YEAR BEGINNING JULY 1, 1999 AND OTHERWISE PROVIDING WITH RESPECT THERETO.



WHEREAS, the Caddo-Shreveport Sales and Use Tax Commission was created by the City of Shreveport and the Caddo Parish School Board to provide for the joint collection, enforcement and administration of sales and use taxes levied by the City and School Board; and

WHEREAS, the Sales and Use Tax Commission is required to submit its proposed budget for the ensuing fiscal year to the City Council for approval; and

WHEREAS, the Commission has submitted its proposed budget for the fiscal year beginning July 1,1999, a copy of which was filed with the Clerk of the City Council on May 11, 1999.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, in legal session convened, that the total budget of $839,400 proposed by the Caddo-Shreveport Sales and Use Tax Commission for the fiscal year beginning July 1, 1999, is hereby approved.

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



RESOLUTION NO. 93 OF 1999

A RESOLUTION STATING THE INTENTION OF THE CITY OF SHREVEPORT TO BECOME A PARTICIPATING POLITICAL SUBDIVISION IN THE LOUISIANA GOVERNMENT ENVIRONMENTAL FACILITIES AND COMMUNITY DEVELOPMENT AUTHORITY; APPROVING THE APPOINTMENT OF A DIRECTOR TO REPRESENT THE CITY ON THE BOARD OF DIRECTORS OF THE AUTHORITY AND OTHERWISE PROVIDING WITH RESPECT THERETO.



WHEREAS, the Louisiana Local Government Environmental Facilities and Community Development Authority (the "Authority") was created by the Louisiana Legislature for the purpose of assisting political subdivisions and other designated entities in financing and re-financing the acquisition and construction of certain facilities, including environmental, public infrastructure, community and economic development facilities, and to otherwise establish programs to aid in the financing of local government and economic development projects; and

WHEREAS, the City of Shreveport is eligible to become a participating political subdivision of the Authority; and

WHEREAS, the City Council finds it advantageous that the City become a member of the Authority.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shreveport, in legal session convened, that it is hereby declared the express intention of the City of Shreveport to become a participating political subdivision and member of the Authority.

BE IT FURTHER RESOLVED that Keith Hightower, Mayor, be and is hereby appointed to serve as a Director of the Authority as the City's representative for a term of four (4) years from the effective date of this resolution.

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 in conflict herewith are hereby repealed.



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





INTRODUCTION OF RESOLUTION: None.





INTRODUCTION OF ORDINANCES:



1. Ordinance No. 71 of 1999: An ordinance amending the 1999 Community Development Special Revenue fund and otherwise providing with respect thereto.



Read by title and as read motion by Councilman Burrell seconded by Councilman Shyne for Introduction of the ordinance to lay over until the May 25, 1999 meeting.





ORDINANCES ON SECOND READING AND FINAL PASSAGE:



1. Ordinance No. 42 of 1999: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the NE corner of Lakeshore Drive and Glen Avenue, Shreveport, Caddo Parish, Louisiana, from B-2, Neighborhood Business District to B-2-A, Business Park District with MPC approval, and to otherwise provide with respect thereto.



Having passed first reading on March 23, 1999, 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 Burrell, seconded by Councilman Spigener to postpone the ordinance until the May 25, 1999 meeting. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.



2. Ordinance No. 53 of 1999: An ordinance to amend and reenact Section 10-143, Sale for Consumption and Consumption of alcoholic beverages and to otherwise provide with respect thereto.



Ms. Glass: There are a number of amendments some of which, Council members may not want to even introduce. Councilman Stewart: With the permission of Council, Mr. Carmody, I know that Mr. Serio and I talked and I assume you did talk since this actual No. 53, inception has carried your name, with permission of Council, we look for you for the introduction and the appropriate amendments in the appropriation order and direction on final passage.

Councilman Carmody: I ask your support today in enacting an Ordinance No. 53 of 1999, amending Section 10-143 relative to the sale of alcoholic beverage. In working with Councilman Serio, Councilman Burrell and Councilwoman Spigener, we had met on a number of occasions to try to come to the consensus to have an intent for the City of Shreveport as to the prohibition of on premises consumption of alcoholic beverages at gas stations. And therefore, I am going to request that you support the ordinance, as drafted with the addition of Amendment No. 2 and Amendment 3b.

Councilman Burrell: I wanted to make sure that those were the ones that were left because there were so many of them and we discussed all of them and we eliminated some. And my concern in this whole deal, again, is because of Mr. Carmody and Mr. Serio trying to, hopefully, come up with some sort of compromise that we can live with along with Councilwoman Spigener. And I'm assuming then that what we all agreed with, is what is being stated, at this point. Councilman Serio: For the benefit of everyone here, I think it might be in order to clarify what Amendment 2 and 3c [b] what we are voting on today so that everybody understands exactly which way to vote.

Mr. Thompson: Based on the discussions we had yesterday and the discussion with Mr. Serio today prior to the meeting, I don't believe that there is any need to offer Amendment No. 1 and Amendment No. 1a, therefore, Amendment No. 2 would be the first amendment that would be read and discussed. Councilman Stewart: So your suggestion, the second amendment would be? Mr. Thompson: Is that we go and have the clerk read the second amendment and then have discussion on that particular amendment.



Having passed first reading on April 13, 1999, 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 Carmody, seconded by Councilman Serio for adoption. The Deputy Clerk read the following amendment:



Amendment No. 2:



Amend the ordinance as follows:



Delete Section 10-143(b) and substitute the following;



b) (1) Except as provided in Section (b)(2), it shall be unlawful for any alcoholic beverage consumption premises to be located on any gasoline sales premises. It shall be unlawful for any person to consume or to sell alcoholic beverages for consumption on any gasoline sales premises.



(2) The provisions of Section (b)(1) shall not apply if the distance between the alcoholic beverage consumption premises and the gasoline sales premises is at least two hundred feet. The distance shall be measured along the perimeter of the building from the nearest public entrance of the alcoholic beverage consumption premises to the nearest public entrance to the gasoline sales premises, provided there are no interior passageways between the premises. If there are interior public passageways, the distance shall be measured along the passageway from the nearest interior public entrance of the alcoholic beverage consumption premises to the nearest interior public entrance to the gasoline sales premises.



Motion by Councilman Carmody, seconded by Councilman Serio for adoption of Amendment No. 2.



Councilman Carmody: Just as a point of information and I think that there was some misunderstanding by the public yesterday when we were going through our discussion.

The intent of when we providing at least 200 foot spacing between a gasoline sales premises and an alcohol beverage consumption premises was with the idea that we certainly want to reinforce the existing law that prohibits on premises consumption of alcohol at gasoline stations. The majority of gasoline stations in the city of Shreveport would not fall in this perimeter of having a 200 foot distance within the same building most buildings are not that large and just wanted to point that information out to other Council members as well as the public that is here today.

Councilman Serio: Just as an adjunct to that, is that most smaller properties would not have a 200 foot distance between the developed areas of the particular parcel of land so I think that it is a great compromise that was reached.

Councilman Burrell: I appreciate the effort that Tom, especially Tom and Phil have spent on this and hopefully that we can work with this.



Amendment No. 2 adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.



Amendment No. 3b:



Amend the ordinance as follows:



In Section 10-143 add subsection (c) to read as follows:



(c) (1) The provisions of this section shall not apply to any person, partnership or corporation which has a certificate of occupancy for gasoline sales premises, Zoning Board of Appeals special exception use approval for alcoholic beverage consumption on the premises and has applied for an alcoholic beverage retail dealer's permit for the premises prior to May 15, 1999.



(2) This exception shall apply only if the gasoline sales premises and alcoholic beverage consumption premises are separated by an opaque wall, which may include an opaque door, the full height to the ceiling.



(3) This exception shall apply only at the premises having the certificate of occupancy and Zoning Board of Appeals approval and for which an alcoholic beverage retail dealer's permit has been applied for, all as of May 15, 1999, and shall apply only to the person, partnership or corporation which applied for the retail dealer's permit as of said date and not to any subsequent retail dealer.



Motion by Councilman Serio, seconded by Councilman Carmody for adoption of Amendment No. 3b.



Councilman Serio: I think this would work.

Councilman Carmody: Just as a point of information again, I think that what we have is a situation where there are two establishments involved in the criteria that is outlined in Amendment No. 3b. And it would only apply as far as we understanding, to those particular businesses at this point.



Amendment No. 3b adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.



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



Councilman Stewart: For those who have not been a party to this and those who have not heard any of the debate, this has been a very important ordinance for many reasons and a tremendous amount of private effort and time has been expended by Mr. Carmody and Mr. Serio, in particular, with Ms. Spigener and Mr. Burrell, and certainly Mr. Huckaby, Mr. Shyne and I have had the pleasure of (inaudible) of their communication and talking to other. If anybody ever would care to cast a stone that there has not been thoroughness, this is a classic example. The personal time and personal effort go beyond the call of duty and I compliment all of you, particularly our clerk and our council assistants.

Councilman Burrell: This is a three year labor of, I don't see any love in it, but it is was three year situation where we have labored over this particular ordinance to get us to this point. It gives us appreciation for the work that has gone in it.



3. Ordinance No. 54 of 1999 by Councilman Huckaby: An ordinance creating a Police Department Citizens' Review Board and otherwise providing with respect thereto.



Having passed first reading on April 13, 1999, 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 Huckaby, seconded by Councilman Shyne to postpone the ordinance until the May 25, 1999 meeting. Motion adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.



4. Ordinance No. 60 of 1999 by Councilman Huckaby: An ordinance amending the 1999 Riverfront Development Special Revenue Fund budget, appropriating the funds therein, and otherwise providing with respect thereto.



Having passed first reading on April 27, 1999, 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 Huckaby, seconded by Councilman Shyne to postpone the ordinance until the May 25, 1999 meeting. Motion adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.



5. Ordinance No. 61 of 1999: An ordinance amending the 1999 General Fund Budget, appropriating the funds therein, and otherwise providing with respect thereto.



Having passed first reading on April 27, 1999, 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 Huckaby, seconded by Councilman Burrell for adoption. The Deputy Clerk read the following amendment:



Amend the ordinance as follows:



In Section 2, Appropriations, under City Marshal:



Reduce Personal Services by $18,000.

Increase Transfer to Fleet Services by $18,000.



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 Shyne, seconded by Councilman Carmody 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.



6. Ordinance No. 62 of 1999: An ordinance amending the 1999 budget for the Golf Enterprise Fund, and otherwise providing with respect thereto.



Having passed first reading on April 27, 1999, 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 Huckaby, seconded by Councilman Serio for adoption.



Councilman Burrell: Over the last 4 or 5 years, we had some concerns about this enterprise fund. I'm very concerned that we have over the period, I'm very concerned that this has been one of those particular enterprise funds that has been in trouble in the past and I know we have worked on it under the previous Administration. We were suppose to have gotten it under control, have we got that under control at this point. I guess maybe I'll redirect the question then. Some of our courses hadn't been really producing what they need to produce to stay in the black. Have we incorporated a program where we are realizing much of that. Now there may be one before that had some problems, I know that we hadn't reached, almost reached that point where it was in the black. Where are we with this? Mr. Norman: The legislation that is before you today is taking the profit that we've made on the golf course this last year, and moving it into our budget for this year to be able to purchase equipment and all for the courses. We are in the black again this year by about $114 - $115,000; so, we have turned it around. This year at the end of April, just like we are about $40,000 above what we even did through the same period of time last year, so we are seeing a big upswing in the use of our courses. That will be a good chance to go out and see it, you will see an improvement in the quality of courses and all, and we are pleased to report.

Councilman Shyne: Mr. Mayor, does this include some of the additional golf carts at Lakeside that I'm told, you go and play golf quite often? Mayor Hightower: I know that Mr. Norman is looking into that after listening to the Pro two weeks ago, so we are going to make sure we have some empty golf carts at Lakeside. Councilman Shyne: I don't know whether that is in relation to the Mayor probably having had to walk in that cart area out there.



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



7. Ordinance No. 63 of 1999: An ordinance amending the 1999 budget for the Airports Enterprise Fund and otherwise providing with respect thereto.



Having passed first reading on April 27, 1999, 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 Burrell adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.



8. Ordinance No. 64 of 1999: An ordinance to amend and reenact Section 30-92 of the Code of Ordinances of the City of Shreveport, and otherwise providing with respect thereto.



Having passed first reading on April 27, 1999, 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 Shyne adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.



Councilman Spigener: It has been called to our attention that the sale of fireworks outside of the city limits and the sale of fireworks within the city limits did not correspond. In other words, you can buy fireworks outside the city limits before you could within the city limits and we know that there are only two periods of time, I believe that they'll have fireworks being discharged within the city. After having this called to my attention, it would be more logical to have the state and the city's laws that are in existence to be compatible. I felt that that was logical also. I discussed the matter with the Fire Chief and he also thought enforcement of the fireworks ordinance would be easier if you could pop fireworks inside of the city and outside of the city at the same time; so, for the public's information this, you can pop them outside of the city and inside of the city, during the July 4th period and also during Christmas and New Year's period of time, you can buy fireworks. So I thought maybe the public may want a clarification on what the ordinance does.



9. Ordinance No. 65 of 1999: An ordinance amending and reenacting Section 101.1 of Part 1 of the Shreveport Building Code relative to adoption of the 1999 Standard Building Code, and to otherwise provide with respect thereto.



Having passed first reading on April 27, 1999, 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 Carmody, seconded by Councilman Huckaby adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.



10. Ordinance No. 66 of 1999: An ordinance amending and reenacting Section 101.1 of Part 3 of the Shreveport Building Code, the Electrical Code, relative to adoption of the 1999 National Electrical Code, and to otherwise provide with respect thereto.



Having passed first reading on April 27, 1999, 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 Huckaby, seconded by Councilman Serio adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.



11. Ordinance No. 67 of 1999: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the SE corner of N. Market and Devereux Lane, Shreveport, Caddo Parish, Louisiana, from R-1D, Urban, One-Family Residence District and B-3, Community Business District to I-1, Light Industry District with Planned Building Group Approval, and to otherwise provide respect thereto.



Councilman Huckaby: It is my understanding from the applicant, that they intend to revise their plans and seek reconsideration by the Metropolitan Planning Commission, therefore, I move to remand this back to the Metropolitan Planning Commission.



Having passed first reading on April 27, 1999, 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 Huckaby to remand the case to the MPC, seconded by Councilman Shyne. Motion adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.



12. Ordinance No. 68 of 1999: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the north side of W. Bert Kouns Industrial Loop at its intersection with Wrenwood Boulevard, Shreveport, Caddo Parish, Louisiana, from R-A, Residence-Agriculture District to B-3, Community Business District, and to otherwise provide with respect thereto.



Having passed first reading on April 27, 1999, 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 Burrell adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.



13. Ordinance No. 69 of 1999: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the east side of Walker Road, 750 feet north of the Industrial Loop, Shreveport, Caddo Parish, Louisiana, from R-1D, Urban, One-Family Residence District to B-1, Buffer Business District, and to otherwise provide with respect thereto.



Having passed first reading on April 27, 1999, 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 Shyne adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.



14. Ordinance No. 70 of 1999 by Councilman Shyne: an ordinance amending Chapter 46 of the Code of Ordinances of the City of Shreveport relative to non-emergency ambulance services and otherwise providing with respect thereto.



Having passed first reading on April 27, 1999, 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 Shyne, seconded by Councilman Carmody for adoption.



Councilman Carmody: I'd like to ask if we could get some clarification from Councilman Shyne, as well as maybe some input probably from the CAO as to the authority of this particular ordinance.

Councilman Shyne: The CAO can kind of clear it up, but the intent was to. . . Mr. Antee: I think in the past, the CAO had the authority to authorize the transfer of a license. As I read this ordinance, that would not be allowed without the approval of the Council. I don't care if ya'll approve it or not, it doesn't make any difference to me. It doesn't hurt my feelings. I think it is something that should meet all of the requirements that the law sets forth and that is something that the Council can determine or (inaudible).

Councilman Shyne: That was the purpose of that, not to take any power away from the CAO, because you are the legislative body and I that it would only be right that (inaudible).

Councilman Carmody: Does it also add the permit fee? Is that where we add a fee to this as well? I was unclear as to whether or not the CAO could just go ahead and arbitrarily do it without a permit fee? Mr. Antee: I can't answer that because I didn't even know that the CAO had the authority to do that until this ordinance was introduced. Mayor Hightower: Yes, is the answer to that. What we are doing here is creating essentially a new license so that that license can't be sold, transferred every six weeks when someone comes in and finds that they may not be able to make a living in that transportation service. So that is when it is going to come before Council, so that it is an entire new set up instead of a selling out or a transfer that. Councilman Carmody: I just did not know if there was any criteria or not, emergency ambulance vehicles that we would try to get involved with it (inaudible).

Councilman Shyne: But this basically deals with, like the Mayor said, the transferring of the license; so, anytime license are transferred we have to come back to the Council instead of someone just doing it on their own and its approved by the CAO and a lot of times, we don't even know anything about it; we are responsible.



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



15. Ordinance No. 72 of 1999: An ordinance declaring a public emergency in connection with the Southern Hills Interceptor located at Kingston Road and Williamson Way and ratifying the expenditure of $95,000 and otherwise providing with respect thereto.



Having passed first reading on May 11, 1999, 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 Shyne adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.



The adopted Ordinances, as amended, follows:



ORDINANCE NO. 53 OF 1999

AN ORDINANCE TO AMEND AND REENACT SECTION 10-143, SALE FOR CONSUMPTION AND CONSUMPTION OF ALCOHOLIC BEVERAGES, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO



WHEREAS, the City Council finds the present law relative to sales of alcoholic beverages at places where gasoline or motor fuel is sold is necessary and appropriate for the benefit, protection, safety and welfare of the citizens of the City of Shreveport ; and

WHEREAS, the City Council wishes to clarify the present law relative to such sales.

NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport, in due, legal and regular session convened that Section 10-143 of the Code of Ordinances of the City of Shreveport is hereby amended and reenacted to read as follows:



Section 10-143 - Sale for Consumption and Consumption of Alcoholic Beverages prohibited at places where gasoline or motor fuel is sold.

a) For the purposes of this section, the following terms shall have the following meanings:



(1) The term alcoholic beverage consumption premises means that portion of any building or building site occupied by the business of a retail dealer selling or serving alcoholic beverages for consumption on the premises.



(2) The term gasoline sales premises means a building where gasoline or motor fuel is sold, including all portions thereof within its exterior walls, together with all accessory buildings, and designated off-street parking facilities whether held by ownership, leasehold or otherwise.

b) (1) Except as provided in Section (b)(2), it shall be unlawful for any alcoholic beverage consumption premises to be located on any gasoline sales premises. It shall be unlawful for any person to consume or to sell alcoholic beverages for consumption on any gasoline sales premises.



(2) The provisions of Section (b)(1) shall not apply if the distance between the alcoholic beverage consumption premises and the gasoline sales premises is at least two hundred feet. The distance shall be measured along the perimeter of the building from the nearest public entrance of the alcoholic beverage consumption premises to the nearest public entrance to the gasoline sales premises, provided there are no interior passageways between the premises. If there are interior public passageways, the distance shall be measured along the passageway from the nearest interior public entrance of the alcoholic beverage consumption premises to the nearest interior public entrance to the gasoline sales premises.



(c)(1) The provisions of this section shall not apply to any person, partnership or corporation which has a certificate of occupancy for gasoline sales premises, Zoning Board of Appeals special exception use approval for alcoholic beverage consumption on the premises and has applied for an alcoholic beverage retail dealer's permit for the premises prior to May 15, 1999.



(2) This exception shall apply only if the gasoline sales premises and alcoholic beverage consumption premises are separated by an opaque wall, which may include an opaque door, the full height to the ceiling.



(3) This exception shall apply only at the premises having the certificate of occupancy and Zoning Board of Appeals approval and for which an alcoholic beverage retail dealer's permit has been applied for, all as of May 15, 1999, and shall apply only to the person, partnership or corporation which applied for the retail dealer's permit as of said date and not to any subsequent retail dealer.



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

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



/s/John David Stewart, Chairman

/s/Arthur G. Thompson, Clerk of Council



ORDINANCE NO. 61 OF 1999

AN ORDINANCE AMENDING THE 1999 GENERAL FUND BUDGET, APPROPRIATING HE FUNDS THEREIN, AND OTHERWISE PROVIDING WITH RESPECT THERETO.



WHEREAS, Article 4, Section 4.18 of the City Charter provides for the amendment of a previously adopted budget; and

WHEREAS, the City Council finds it necessary to amend the 1999 General Fund budget, to modify the budget to reflect the actual year-end fund balance and for other purposes.

NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Shreveport, in legal session convened, that Ordinance No. 193 of 1998, as amended, the 1999 General Fund Budget, be amended and re-enacted as follows:



In Section 1, Estimated Receipts:



Decrease Estimated Available Fund Balance 1/1/99 by $712,600.



In Section 2, Appropriations:



General Government:

Decrease Operating Reserves by $712,600.

Increase Transfers to Capital Projects by $107,000.

Police:

Decrease Personal Services by $28,500.

Increase Contractual Services by $28,500.

Fire:

Decrease Personal Services by $12,000.

Increase Improvements and Equipment by $12,000.

Public Works:

Decrease Personal Services by $292,000.

Increase Contractual Services by $185,000.



City Marshal:



Reduce Personal Services by $18,000.

Increase Transfer to Fleet Services by $18,000.





BE IT FURTHER ORDAINED that paragraphs 3, 4, 5, 6, 7, and 8 of Ordinance No. 193 of 1998 are hereby re-enacted.

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.



/s/John David Stewart, Chairman

/s/Arthur G. Thompson, Clerk of Council



ORDINANCE NO. 62 OF 1999

AN ORDINANCE AMENDING THE 1999 BUDGET FOR THE GOLF ENTERPRISE FUND AND OTHERWISE PROVIDING WITH RESPECT THERETO.



WHEREAS, Section 4.18 of the City Charter of the City of Shreveport provides for the amendment of any previously adopted budget; and

WHEREAS, the City Council finds it necessary to amend the 1999 budget for the Golf Enterprise Fund budget, to appropriate year-end fund balance and for other purposes.

NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Shreveport, in legal session convened, that Ordinance No. 198 of 1998, the 1999 budget for the Golf Enterprise Fund, be amended and re-enacted as follows:



In Section 1 (Estimated Receipts):

Increase Estimated Available Fund Balance 1/1/99 by $114,300.



In Section 2 (Appropriations):

Increase Materials and Supplies by $25,800.

Increase Contractual Services by $15,700

Increase Other Charges by $400.

Increase Improvements and Equipment by $72,400.



BE IT FURTHER ORDAINED that Sections 3, 4, 5, and 6 of Ordinance No. 198 of 1998 are hereby re-enacted.

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/John David Stewart, Chairman

/s/Arthur G. Thompson, Clerk of Council



ORDINANCE NO. 63 OF 1999

AN ORDINANCE AMENDING THE 1999 BUDGET FOR THE AIRPORTS ENTERPRISE FUND AND OTHERWISE PROVIDING WITH RESPECT THERETO.



WHEREAS, Section 4.18 of the City Charter of the City of Shreveport provides for the amendment of any previously adopted budget; and

WHEREAS, the City Council finds it necessary to amend the 1999 budget for the Airports Sewerage Enterprise Fund budget, to correctly appropriate year-end fund balance and for other purposes.

NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Shreveport, in legal session convened, that Ordinance No. 195 of 1998, the 1999 budget for the Airports Enterprise Fund, be amended and re-enacted as follows:



In Section 1 (Estimated Receipts):

Decrease Estimated Available Fund Balance 1/1/99 by $2,349,300.



In Section 2 (Appropriations):

Decrease Operating Reserves by $2,349,300.



BE IT FURTHER ORDAINED that Sections 3, 4, 5, and 6 of Ordinance No. 195 of 1998 are hereby re-enacted.

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/John David Stewart, Chairman

/s/Arthur G. Thompson, Clerk of Council



ORDINANCE NO. 64 OF 1999

AN ORDINANCE TO AMEND AND REENACT SECTION 30-92 OF THE CODE OF ORDINANCE OF THE CITY OF SHREVEPORT, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO



BE IT ORDAINED by the City Council of the City of Shreveport, in due, legal and regular session convened that Section 30-92 of the Code of Ordinances of the City of Shreveport is hereby amended and reenacted to read as follows:



Section 30- 92- Dates and hours for sale, discharge, ignition or explosion of fireworks



(a) The sale, discharge, ignition or explosion of fireworks authorized for sale pursuant to R.S. 51:650 through 51:660 or the city's fire prevention code, is prohibited within the city limits, except from noon June 25, through 10:00 p.m., July 5, inclusive, and noon December 15 through 10:00 p.m. January 1, inclusive, of each year. The hours of discharge, ignition or explosion of lawful fireworks are restricted to those provided in subparagraph (b) hereinbelow.

(b) On the dates set forth in subsection (a) of this section, it shall be unlawful for any person to discharge, ignite or explode fireworks within the city limits between the hours of 10:00 p.m. and 8:00 a.m.; provided, however, such activities shall not be unlawful on December 31 of each year between the hours of 10:00 p.m. and 12:00 a.m. and on January 1 of each year between the hours of 12:00 a.m. and 1:00 a.m.

(c) Nothing contained in this section shall be construed to affect the use of fireworks for public displays in accordance with R.S. 51:652 through 51:660 and the city's fire prevention code and such provisions and all other provisions thereof no in conflict with this section shall remain in full force and effect.



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

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



/s/John David Stewart, Chairman

/s/Arthur G. Thompson, Clerk of Council



ORDINANCE NO. 65 OF 1999

AN ORDINANCE AMENDING AND REENACTING SECTION 101.1 OF PART 1 OF THE SHREVEPORT BUILDING CODE RELATIVE TO ADOPTION OF THE 1999 STANDARD BUILDING CODE, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.



BE IT ORDAINED by the City Council of the City of Shreveport in due, regular and legal session convened that Section101.1(b) of Part 1 of the Shreveport Building Code, as amended, be and the same is hereby amended and reenacted as follows:



PART 1 BUILDING CODE

CHAPTER 1 ADMINISTRATION

SECTION 101 - TITLE AND SCOPE



101.1 TITLE

***

***

BE IT FURTHER ORDAINED that this ordinance shall become effective on June 1, 1999.

BE IT FURTHER ORDAINED that if any provision or item of this ordinance of 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/John David Stewart, Chairman

/s/Arthur G. Thompson, Clerk of Council



ORDINANCE NO. 66 OF 1999

AN ORDINANCE AMENDING AND REENACTING SECTION 101.1 OF PART 3 OF THE SHREVEPORT BUILDING CODE, THE ELECTRICAL CODE, RELATIVE TO ADOPTION OF THE 1999 NATIONAL ELECTRIC CODE, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.



BE IT ORDAINED by the City Council of the City of Shreveport in due, regular and legal session convened that Section 101.1(b) of Part 3 of the Shreveport Building Code, the Electrical Code, as amended, be and the same is hereby amended and reenacted as follows:

PART 3 ELECTRICAL CODE

SECTION 101 - TITLE AND SCOPE



101.1 TITLE

***

***

BE IT FURTHER ORDAINED that this ordinance shall become effective on June 1, 1999.

BE IT FURTHER ORDAINED that if any provision or item of this ordinance of 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/John David Stewart, Chairman

/s/Arthur G. Thompson, Clerk of Council



ORDINANCE NO. 68 OF 1999

AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES, THE CITY OF SHREVEPORT ZONING ORDINANCE, BY REZONING PROPERTY LOCATED ON THE NORTH SIDE OF W. BERT KOUNS INDUSTRIAL LOOP AT ITS INTERSECTION WITH WRENWOOD BOULEVARD, SHREVEPORT, CADDO PARISH, LOUISIANA, FROM R-A, RESIDENCE-AGRICULTURE DISTRICT TO B-3, COMMUNITY BUSINESS DISTRICT, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO



SECTION I: BE IT ORDAINED by the City Council of the City of Shreveport, Caddo Parish, Louisiana, in due, legal and regular session convened, that the zoning classification of the SE/4 of the SW/4 of Section 1, T16N, R14W, Shreveport, Caddo Parish, Louisiana, less and except R/W for Bert Kouns, property located on the north side of W. Bert Kouns Industrial Loop at its intersection with Wrenwood Boulevard, be and the same is hereby changed from R-A, Residence-Agriculture District to B-3, Community Business District.



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



1. A development site plan to be submitted to the Planning Commission for review and approval prior to any development permits being issued for this site. Any significant changes or additions to approved site plan will require further review and approval by the Planning Commission.

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

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



/s/John David Stewart, Chairman

/s/Arthur G. Thompson, Clerk of Council



ORDINANCE NO. 69 OF 1999

AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES, THE CITY OF SHREVEPORT ZONING ORDINANCE, BY REZONING PROPERTY LOCATED ON THE EAST SIDE OF WALKER ROAD, 750 FEET NORTH OF THE INDUSTRIAL LOOP, SHREVEPORT, CADDO PARISH, LOUISIANA, FROM R-1D, URBAN, ONE-FAMILY RESIDENCE DISTRICT TO B-1, BUFFER BUSINESS DISTRICT, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO



SECTION I: BE IT ORDAINED by the City Council of the City of Shreveport, Caddo Parish, Louisiana, in due, legal and regular session convened, that the zoning classification of property located on the east side of Walker Road, 750 feet north of the Industrial Loop, Shreveport, Caddo Parish, Louisiana, legally described below, be and the same is hereby changed from R-1D, Urban, One-Family Residence District to B-1, Buffer Business District:



The south 75 feet of the north 625 feet of Lot 1, Summer Grove Acres Subdivision, together with all buildings and improvements located thereon, less and except that certain tract conveyed to the City of Shreveport by deed recorded August 17, 1981, more fully described as follows:

A portion of Tract 22 of Lot 1, Summer Grove Acres, more fully described as follows:

Commence at the NW corner of said Lot 1;

Thence proceed S114'52"W a distance of 550 feet along the west line of said Lot 1 to the POB;

Thence proceed S893'14"E a distance of 7.28 feet;

Thence proceed S111'36"W a distance of 75 feet;

Thence proceed N893'14"W a distance of 7.35 feet to the point on the west line of said Lot 1;

Thence proceed N114'52"E along said west line of Lot 1 a distance of 75 feet to the POB. Said tract herein described contains 548.64 sq. ft.



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



1. Site plan showing proposed building (no more than 1,500 sq. ft.), parking, screening fence along the north, south and east property lines, and full compliance with the Landscape Ordinance to be submitted to and approved by the Planning Commission prior to the issuance of any permits or beginning development on any portion of the property.



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/John David Stewart, Chairman

/s/Arthur G. Thompson, Clerk of Council



ORDINANCE NO.70 OF 1999

AN ORDINANCE AMENDING THE CHAPTER 46 OF THE CODE OF ORDINANCES OF THE CITY OF SHREVEPORT RELATIVE TO NONEMERGENCY AMBULANCE SERVICES AND OTHERWISE PROVIDING WITH RESPECT THERETO.



BY: COUNCILMAN SHYNE



BE IT ORDAINED by the city Council of the City of Shreveport in due, regular and legal session convened at that Section 46-77(b) of the Code of Ordinances is hereby amended to read as follows:



Sec. 46-77. License fee; duration; renewal.

* * *

(b) The amount of the license fee prescribed in this section shall not be prorated for fractional parts of a calendar year, nor shall it relieve the operator from the necessity of obtaining any state or parish occupational license or any other requirement established by law. Licenses issued under this article shall not be transferable nor assignable. Termination or transfer of ownership of such ambulance business shall automatically void such license, and require any new owner to apply for a new license.



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 repealed.



/s/John David Stewart, Chairman

/s/Arthur G. Thompson, Clerk of Council



ORDINANCE NO. 72 OF 1999

AN ORDINANCE DECLARING A PUBLIC EMERGENCY IN CONNECTION WITH THE SOUTHERN HILLS INTERCEPTOR LOCATED AT KINGSTON ROAD AND WILLIAMSON WAY AND RATIFYING THE EXPENDITURE OF APPROXIMATELY $95,000 AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.



WHEREAS, the Southern Hills Interceptor, a 36" gravity sewer main, located near Kingston Road and Williamson Way intersection, failed; and

WHEREAS, this failure resulted in a significant ground subsidence; and

WHEREAS, immediate repairs were necessary to prevent the ground subsidence from undermining Kingston Road, and

WHEREAS, immediate repairs to the Southern Hills Interceptor were necessary to protect the public health and safety; and,

WHEREAS, it was essential to correct this problem as quickly as possible to eliminate this emergency.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport in due, legal and regular session convened, that the emergency action of the Department of Water & Sewerage to repair the Southern Hills Interceptor is hereby authorized and ratified and that the expenditure of approximately $95,000.00 for this purpose is hereby authorized.

BE IT FURTHER ORDAINED that monies for this emergency repair shall come from the operating budget of the Department of Water and Sewerage.

BE IT FURTHER ORDAINED that a public emergency is hereby declared and notice of such public emergency shall, within ten days thereof, be published in the official journal of the City of Shreveport proposing or declaring such public emergency in accordance with Section 38:2212(D) of the Louisiana Revised Statutes.

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 repealed.



/s/John David Stewart, Chairman

/s/Arthur G. Thompson, Clerk of Council



UNFINISHED BUSINESS:



1. Ordinance No. 210 of 1998: To repeal Sec. 10-143, relative to sale for consumption prohibited at places where gasoline or motor fuel is sold. (D/Serio) (Tabled on Jan. 11, 1999)



Councilman Shyne: Mr. Serio, I'm not stepping in, would this become a mute situation, Mr. Thompson since we passed the other ordinance. Would it be better to just take it off the table? Mr. Thompson: I wouldn't say it is mute, but the ordinance that you just adopted is inconsistent with this ordinance and you might want to consider, Mr. Serio may, removing it from the agenda. Councilman Serio: I'll consider it Mr. Thompson, but also, it hadn't been signed yet. Councilman Stewart: Well said. Councilman Shyne: I apologize. From having talked to the Mayor, maybe I'm divulging some information I shouldn't, but he generally signs all ordinances and resolutions passed by the Council. Mayor Hightower: You can rest assured it will be signed. Councilman Carmody: I think I'll make sure he signs it.



2. Ordinance No. 211 of 1998: ZONING: C-64-98, QUERBES LAND CO; N side of E 70th St. between Sand Beach Bayou and Bayou Pierre from R-A to B-2 and B-3, shopping center. (C/Carmody) (Tabled on Nov. 10, 1998 and Postponed on Nov. 24, 1998)



NEW BUSINESS.



1. Liquor and Beer permit: Lo-Mart, 4450 Sport Blanchard Hwy. (A/Huckaby) (Postponed on May 10 until May 24)



2. BAC-15-99, SOUTHERN HILLS DELI, 880 Flournoy Lucas Rd., Special Exception Use in a B-2 District, restaurant with on-premises consumption of beer.



Councilman Serio: This is probably is going to sound (inaudible) for me, particularly know I am pro-business as anybody has ever been on this Council, particularly in my district and I just know we have a lot of restaurants in Outback, El Chico, Monjuni's and Tony Roma's, Copeland's, (Inaudible) have opened up over the last couple of years, but I've never had such opposition as I've had with this one in particular. And I feel the need to look at the neighborhood and what the neighborhood in particular wants in its district and to (inaudible) listen to oppose this primary because this is one is apparently inconsistent with (inaudible). My recommendation is not accept the recommendation from the Metropolitan Planning Commission.

Ms. Glass: I think probably the appropriate motion would be to reverse the decision of the Zoning Board of Appeals.



Motion by Councilman Serio to reverse the decision of the Zoning Board of Appeals, seconded by Councilman Spigener. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.



3. BAC-45-99, UNION MASONIC BOARD INCORPORATE, 5632 Hearne Ave., Special Exception Use and variance in the hours of operation in a B-3 District, party facility with on-premises consumption of liquor operating to 1 a.m.



Motion by Councilman Shyne to uphold the decision of the Zoning Board of Appeals, seconded by Councilman Carmody.



Councilman Shyne: We have discussed this. I think the MPC made a very wise and very prudent decision. And it is a very fine upstanding organization who is asking to have the changes done.



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



4. BAC-46-99, DELBERT SPEIGHTS, N/side of Brossette Rd., N/E of Lutz Rd., Special Exception Use in a R-A District, mobile home and barn.



Councilman Burrell: Mr. Thompson, were you able to contact the attorney associated with this? Mr. Thompson: I was. I told him that because Mr. Speights would not be allowed to speak at the Council meeting and because there had been a lot of discussion about this, that you do not feel that a postponement was necessary or would add anything to the discussion and that if he felt differently, he could give you a call.

Councilman Burrell: Mr. Kirkland, would you clarify for us whether or not you felt within your organization that Mr. Speights as well aware of what was happening here. When he called me, he said he was unaware of certain things and I'm hearing from you that this is not the first time. Can you give a little background information.

Mr. Kirkland: Mr. Speights and I can't speak for his present condition, obviously, what he may or may not have remembered about the actions that he took in placing this mobile home on this property. But he is a knowledgeable real estate investor, has been for many years in the community, commercial real estate and to our knowledge he is also involved in the sale of some mobile homes and locating those around the city and parish. But again, whether he remembered that at the time that he moved this improperly onto this large tract, I don't know. He had met, Mr. Speights, with the Mayor and I prior to filing this application and we laid out for him the three basic choices that he had, one of which appeared to be the most reasonable of all and that was to file an application, have it heard, see if he couldn't get it approved and to make at peace with his neighborhood. By the time he met with the Mayor and I several months ago, the neighborhood was already very angry that Mr. Speights had moved this mobile home onto this tract and of course, with the obviously concerns, I'm sure Mr. Burrell that they've been telling you, is they really don't want mobile homes in that neighborhood and there are none that would have made it by right.

In that event, the other thing that came very clear at a hearing, not only was the opposition of the neighborhood, but Mr. Speights made it very plain, he did not want to use the mobile home for home. He wanted to use it for an office and that further complicated the---the mobile home in early years under a ZBA hearing, for an exception use for home, and he said more than once during the hearing that he just wanted a place to get out of the rain and have a little office out there on this site. So that further upset the neighborhood, the folks in that general area.

I have to say, I think Mr. Speights probably did know that it was an error and again, a way to get around (inaudible). The Board was unanimous in its denial. Normally, a knowledgeable real estate investor is aware that there are rules and regulations in departments. And I've had many dealings with Mr. Speights over the years in my capacity as Planning Director and also prior to that as a Planning Commissioner, approximately 20-years and I've known him for quite a long time.

Councilman Burrell: If we uphold the Planning Commission decision, what would that call for Mr. Speights, what would happen? Would he have to remove the barn and trailer? Mr. Kirkland: The barn can stay there, that is typically an accessory use that on a piece of, what could be considered, farming property, can stay there. The mobile home would have to be moved. We try to use common sense in working with people in circumstances like this. The probability is: 1. The reason Mr. Speights had to file something and had to get some approval is that we don't sign off on electricity to be connected and that has been one of those powerful tools, obviously to keep people from violating the law. What we will do is give him, probably 2 or 3 months or whatever, particularly considering the fact and understand that he is ill from having a health problem. We'll certainly work with him in the interest that he remove it within a reasonable time. Weather has a bearing on all of this, that is out in the middle of a large field. Just the making the arrangements, so, we will work with him. If within about a 60 or 90 period though, if he did not take the steps necessary to move it, if we have to we will cite him and go to court on it to force him to do it. I'm of the opinion that he will do what he says here and that is, he or his wife, could make arrangements to move it within a reasonable time.

Councilman Burrell: Based upon those comments and the strong opposition too from that area, which I have just been totally inundated with mail, e-mail, letter mail and telephone calls, I'm requesting that we uphold the ruling of the MPC.



Motion by Councilman Burrell to uphold the decision of the Zoning Board of Appeals, seconded by Councilman Shyne. 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: None.



COMMUNICATIONS AND MISCELLANEOUS MATTERS.



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

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

There being no further business to come before the Council, the Regular Meeting adjourned at 5:20 p.m.



/s/John David Stewart, Chairman

/s/Arthur G. Thompson, Clerk of Council