On roll call, the following members were present: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Absent: None.
Approval of the Minutes: None.
Councilman Stewart: With the pleasure of the Council, I certainly would like to recognize the people that are here today, since this is first meeting of the new Council: We have Mr. Antee here who I incorrectly addressed as the City Attorney yesterday. Sitting next to him is a former member of the Council, your name sir? For those of you that did not have the pleasure of attending the nice event this morning, hosted by Mr. Hightower, the ceremonies, his words of encouragement and direction, the words of encouragement and direction and inclusion, participation by those introducing the honored guest, were most beneficial and I feel, very well received by everyone. It is certainly indicative of the direction, the attitude, and the collective wisdom that each of us can bring to a better future in Shreveport and we wish you the best.
Furthermore, Mr. Burrell has been elected Vice-Chairman of the City Council; Mr. Serio has returned, we are happy to have him as we all know; the infamous Mr. Shyne who I met in 1991, we are glad to have him back; Mr. Carmody, most of you have seen, represents District C, where Mr. Hightower formerly operated. He has won the attendance award. He has met every meeting on time, even though he didn't vote, so certainly we can anticipate great things from Mr. Carmody. And Ms. Spigener is back. Of course, Mr. Huckaby, glad to have you with us.
And as one other business matter, Mr. Art Thompson was unopposed for Clerk of the City Council. There was some rumors about Dianne and Julie and others, but those were all squashed with his eloquent comments. Art, glad to have you back. And if anybody was to pass this opportunity, including myself without a brief comment about Art Thompson and his staff and the importance that they play in the daily roles of the success of the City of Shreveport, and I do believe their contribution to the opportunities that are clearly in front of us, you haven't really understood the inner workings of City Hall. Mr. Thompson and his staff are invaluable to us. Thank you each of you for the opportunity to serve as your Chairman and we'll go forward at this point.
Awards, Recognition of Distinguished Guests and Communications of the Mayor Which Are Required by Law. None.
Public Hearings: None.
Confirmations and/or Appointments: Motion by Councilman Shyne to remove the appointments from the agenda and re-considered by the Council and the Mayor at a subsequent date, seconded by Councilman Serio. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None. a. Shreveport Airport Authority: Dr. C. O. Simpkins. (Postponed 11-10); b. Property Standards Board of Appeals (Reappointments): Messrs. Williams T. Cawthorne and Louis Wells; c. Property Standards Board of Appeals: Mr. Ralph Kiper and Ms. Lola B. N. May; d. Property Standards Hearing Officer (Reappointment): Mr. Willie H. Arbuthnot; e. Greater S'port Human Relations Commission: Ms. Roxann Pedesclaux-Johnson and Sgt. Wayne E. Smith; f. Electrical Board: Chief Ross Montalbano; g. Electrical Board (Reappointments): Messrs. Jimmy W. Hewlett, Charles Broussard, Sr. and Gene Hicks.
Motion by Councilman Huckaby to suspend the Rules of Procedure to add two matters to the agenda, seconded by Councilman Shyne. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
Motion by Councilman Huckaby to add Resolution No. 247 of 1998 and Ordinance No. 227 of
1998 to the agenda, seconded by Councilman Shyne. Motion approved by the following vote:
Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays:
None.
CONSENT AGENDA LEGISLATION:
INTRODUCTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:
RESOLUTIONS: None.
ORDINANCES: None.
ADOPTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:
RESOLUTIONS: None.
ORDINANCES: None.
REGULAR AGENDA LEGISLATION:
RESOLUTIONS ON SECOND READING AND FINAL PASSAGE:
The Deputy Clerk read the resolution by title: Resolution No. 241 of 1998
Resolution stating the interest of the City of Shreveport in participation in the Louisiana
Enterprise Zone Program and designation of the enterprise zones and otherwise provide with
respect thereto.
Councilman Burrell: Can we get an explanation on whether or not this is area specific or I see on
the side it says, city-wide. Mayor Hightower: I don't think we got anybody here that knows, to
be honest with you; so, let's us do some research. This is the first reading only anyway; we'll
have some information.
Read by title and as read motion by Councilman Spigener, seconded by Councilman Carmody to
postpone the resolution until the December 8, 1998 regular meeting. Motion approved by the
following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and
Burrell. 7. Nays: None.
RESOLUTION NO. 247 OF 1998
A RESOLUTION CHANGING THE NAME OF PLUM STREET TO HERSEY D. WILSON
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 Plum Street located in the N/2 of Sections 20 and 21 (T18N-R14W), Shreveport, Caddo Parish, Louisiana, be and the same is hereby renamed and changed to Hersey D. Wilson 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 Voter 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 application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of the resolution which can be given effect without the invalid provisions, items, or applications and to this end the provisions of this resolution are hereby declared severable.
BE IT FURTHER RESOLVED that all ordinances or resolutions or parts thereof in conflict
herewith are hereby declared severable and repealed.
Read by title and as read motion by Councilman Huckaby, seconded by Councilman Spigener
approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio,
Spigener, Shyne and Burrell. 7. Nays: None.
INTRODUCTION OF RESOLUTIONS:
Resolution No. 242 of 1998: A Resolution authorizing the Mayor to enter into an
amendment to an agreement between the City of Shreveport and Twin City Salvage Pool,
Inc. for a central storage facility for towed and impounded vehicles and otherwise
providing with respect thereto.
Resolution No. 243 of 1998: A resolution authorizing the Mayor to execute an
amendment to the Solid Waste Management Agreement with Caddo Parish and otherwise
providing with respect thereto.
Resolution No. 244 of 1998: A resolution approving the 1999 Downtown Development
District Program of Work, and otherwise providing with respect thereto.
Resolution No. 245 of 1998: A resolution providing for the issuance and sake of * ________ Dollars ($*_______) of General Obligation Refunding Bonds, Series 1999, of the City of Shreveport, State of Louisiana; prescribing the form, fixing the details and providing for the rights of the owners thereof; providing for the payment of the principal of and interest on such bonds and the application of the proceeds thereof to the refunding of certain bonds of said City; and providing for other matters in connection therewith.
*______________
$ Not Exceeding 12,000,000
INTRODUCTION OF ORDINANCES:
Ordinance No. 221 of 1998: An ordinance to amend and reenact Section 10-44.1, Penalty
for False Statement, and to otherwise provide with respect thereto.
Ordinance No. 222 of 1998: An ordinance to amend and reenact Section 10-102.1,
Penalty for False Statement, and to otherwise provide with respect thereto.
Ordinance No. 223 of 1998: An ordinance amending Ordinance No. 132 of 1997, the
1998 budget funding contractual services provided to SporTran by the Metro
Management Associates, Inc., appropriating funds authorized therein, and to otherwise
provide with respect thereto.
Councilman Shyne: Gene, could you get me a list of your employees, not by name but looking at
it from the standpoint of how many minorities and I'm going to designate minorities basically as
being blacks that are in management positions with your company. How many management
positions you have, and how many of those positions are black, by the next Council meeting.
Mr. Eddy: Yes.
Ordinance No. 224 of 1998: An ordinance amending the 1998 budget for the Community
Development Special Revenue Fund, appropriating the funds authorized therein, and to
otherwise provide with respect thereto.
Ordinance No. 225 of 1998: An ordinance amending Ordinance No. 126 of 1997, the
1998 Capital Improvements Budget, appropriating funds for capital projects, and to
otherwise provide with respect thereto.
Councilman Shyne: Mr. Mayor, would you have someone from the Public Works Department get
me a list of the capital improvement projects, pertaining to streets and drainage. Mayor
Hightower: Yes, Mr. Shyne.
Ordinance No. 226 of 1998: An ordinance adopting the 1999 Downtown Development
District Budget, authorized by law, appropriating the funds authorized therein, and
otherwise providing with respect thereto.
Ordinance No. 227 of 1998 by Councilman Huckaby: A ordinance amending Chapter 26
of the Code of Ordinances of the City of Shreveport relative to contract record keeping
and otherwise providing with respect thereto.
Read by title and as read motion by Councilman Serio, seconded by Councilman Spigener for
Introduction of the Resolutions and Ordinances to lay over until December 8, 1998, meeting.
Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio,
Spigener, Shyne and Burrell. 7. Nays: None.
ORDINANCES ON SECOND READING AND FINAL PASSAGE:
Ordinance No. 168 of 1998 by Councilman Cooper: An ordinance amending the Code of
Ordinances of the City of Shreveport by adding Section 2-250 to require the Police
Department to report certain personnel findings and actions, and otherwise providing with
respect thereto.
Having passed first reading on August 11,1998, was read by title and as read on motion ordered
passed to third reading. Read the third time in full and as read motion by Councilman Serio,
seconded by Councilman Spigener to remove the ordinance from the agenda. Motion approved
by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne,
and Burrell. 7. Nays: None.
Ordinance No. 170 of 1998: An ordinance amending the 1998 Riverfront Development
Special Revenue Fund, appropriating the funds authorized therein, and otherwise
providing with respect thereto.
Having passed first reading on August 25,1998, was read by title and as read on motion ordered
passed to third reading. Read the third time in full and as read motion by Councilman Burrell,
seconded by Councilman Serio to postpone the ordinance until the December 8, 1998 meeting.
Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio,
Spigener, Shyne, and Burrell. 7. Nays: None.
Having passed first reading on October 13,1998, was read by title and as read on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Shyne, seconded by Councilman Carmody to postpone Ordinance Nos. 193 through 205 until the December 8, 1998 meeting. Motion approved by the following vote: Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne, and Burrell. 7. Nays: None.
Ordinance No. 193 of 1998: An ordinance adopting the 1999 General Fund Budget
appropriating the funds authorized therein and otherwise providing with respect thereto.
Ordinance No. 194 of 1998: An ordinance adopting the 1999 Capital Improvements
Budget in accordance with Section 7.03 of the City Charter, appropriating the funds
authorized therein and otherwise providing with respect thereto.
Ordinance No. 195 of 1998: An ordinance adopting the 1999 Airports Budget,
appropriating the funds authorized therein and otherwise providing with respect thereto.
Ordinance No. 196 of 1998: An ordinance adopting the 1999 Budget for Water and
Sewerage Enterprise Fund, appropriating the funds authorized therein and otherwise
providing with respect thereto.
Ordinance No. 197 of 1998: An ordinance adopting the 1999 Budget for the Retained
Risk Internal Service Fund Budget, appropriating the funds authorized therein and
otherwise providing with respect thereto.
Ordinance No. 198 of 1998: An ordinance adopting the 1999 Budget for the Golf
Enterprise Fund, appropriating the funds authorized therein and otherwise providing with
respect thereto.
Ordinance No. 199 of 1998: An ordinance adopting the 1999 Metropolitan Planning
Commission's Special Revenue Fund Budget, appropriating the funds authorized therein
and otherwise providing with respect thereto.
Ordinance No. 200 of 1998: An ordinance adopting the 1999 Budget funding contractual
services provided to SporTran by the Metro Management Associates, Inc.,
appropriating the funds authorized therein and otherwise providing with respect thereto.
Ordinance No. 201 of 1998: An ordinance adopting the 1999 Debt Service Fund Budget,
appropriating the funds authorized therein and otherwise providing with respect thereto.
Ordinance No. 202 of 1998: An ordinance adopting the 1999 budget for the
Community Development Special Revenue Fund, appropriating the funds authorized
therein and otherwise providing with respect thereto.
Ordinance No. 203 of 1998: An ordinance adopting the 1999 budget for the Riverfront
Development Special Revenue Fund, appropriating the funds authorized therein and
otherwise providing with respect.
Ordinance No. 204 of 1998: An ordinance adopting the 1999 budget for the Police
Grants Special Revenue Fund, appropriating the funds authorized therein and otherwise
providing with respect thereto.
Ordinance No. 205 of 1998: An ordinance adopting the 1999 budget for the Fleet
Services Internal Service Fund budget, appropriating the funds authorized therein and
otherwise providing with respect thereto.
Ordinance No. 210 of 1998: An ordinance to repeal Section 10-143, relative to sale for
consumption prohibited at places where gasoline or motor fuel is sold, and to otherwise
provide with respect thereto.
Councilman Serio: I'd like for Ms. Glass to elaborate just a little bit on this for an explanation for the Council members and I think this issue can go ahead and be passed but I'd like for Ms. Glass to elaborate a little bit on the legal requirements, what the ordinance says and why eliminating this ordinance simplifies the Legal Department right now. Ms. Glass: The current ordinance that on the books now, prevents an establishment that has consumption of alcoholic beverages on the premises from also selling gasoline, this would remove that from the Code of Ordinances.
Councilman Serio: The issue becomes with the MPC, that the MPC what we have discovered in the past, is that the regulations at the MPC level and the regulations at the Police Department and we've found that we have had businesses that have actually gone through full compliance with the MPC, been granted everything that need--certification for construction, completion of their work, completion of their buildings, opening of their business, and then found out coincidentally later on that there might be a problem at the Police Department level. So this, hopefully, would clarify some of that by removing this particular ordinance so that we have a little more streamline approach when the people coming in to get authorization to open a business, and this particular piece of legislation, quite frankly, is somewhat confusing as it sits on the books.
Councilman Burrell: So I can understand, what actually can (inaudible) create for us. What will it give business an opportunity to do because it is a confusing piece of legislation. And I still don't think that, based on what I'm hearing, there is a true clarification of what it does for that business? Ms. Glass: I'm not sure what the question was. Councilman Burrell: By passing 210 this repeal, what will it do for the business that want to consume alcohol at a location where there is gasoline? Are we saying then that we can not? Ms. Glass: No, it would allow it. It would allow someone who has a license for consumption on the premises, to also sell gasoline on the same premises. Councilman Burrell: By repealing this? Ms. Glass: Yes.
Councilman Serio: But at the same time, Ms. Glass, what it does not do is open up package liquor sales for consumption, but if you have a restaurant on the same premises. Ms. Glass: It does not open package liquor stores for consumption on the premises, that's correct. Councilman Serio: It does not allow for a package store to have consumption on the premises. What it does, is if a property has several different operations on the same parcel of land, on the same property--where if you have different operations on the same parcel of land, that each---even if each acts independently or is a independent business, then they are not kept from handling or having a restaurant with on premises consumption. Ms. Glass: I believe that correct. The fact that there is gasoline sold on the premises, would no longer prevent there from being consumption on the premises.
Councilman Serio: As long as there was a restaurant involved? Ms. Glass: I don't believe that it would. I have the repeal in front of me, I don't have the old law in front of me. I don't believe that it would makes any difference. You are just basically taking the rule connecting the sale of gasoline and the sale for consumption on the premises, off the books, so that there would be no prohibition of that. I don't think there are very many examples where there would be sale of gasoline at an establishment that has consumption on the premises that is not a restaurant, say for example, a bar, but I don't believe that would prohibited, as this is written.
Councilman Serio: Except for the fact that the MPC has the authority themselves to regulate whether or not that is a justifiable business or business combination. Ms. Glass: Well, they have the authority to grant the special exception use that allows alcohol consumption on the premises, so they could take that into account when making that approval, that's correct. Councilman Serio: I think they always do.
Councilman Shyne: Do we have any information from the Police Department to if there would be any safety----I've always heard, that there might be a safety problem? Mayor Hightower: I don't think we got anybody prepared to speak on that. However, I would like to make a comment. I'm not opposed to the legislation and I think Julie brings up a valid point. It is a concern is if there are bars that are operating. But we are talking about restaurants, and Councilman Serio and I discussed that as late as yesterday. And the legislation is meant to allow restaurants that have separate entrances, that have cooking facilities, that have separate bathroom facilities, so that if the gas station/convenience store next door that goes out of business, if that business can stand on its own and survive. Anything short of that, I think we ought to be real cautious of. I don't think we ought to be favor of a bar sitting on a gas station premises and certainly a restaurant, I think is fine, given the criteria we just talked about and certainly it is Councilman Serio's piece of legislation, but I think Julie does bring a point that we ought to consider.
Councilman Spigener: And I guess my question of Julie is, does this legislation protect us against the thing that we fear, is that what this does or will this do that? I know what our intent is, but I don't think that we need to have bars involved. Ms. Glass: I wished I'd ask Mr. Parker to be down here, he wrote this and he is more familiar with it than I am. I believe as it is written now, you would know longer be preventing gasoline sold on the premises of a bar. If that's your intent, we might have to amend it in some way to specify that. If you want to possible pass over it, I can see if I can get in touch with Mr. Parker or if you wanted to postpone, we could work on it.
Councilman Huckaby: I would like to have a little more time to study this matter, therefore I
move to postpone.
Having passed first reading on October 27,1998, was read by title and as read on motion ordered
passed to third reading. Read the third time in full and as read motion by Councilman Huckaby,
seconded by Councilman Shyne to postpone the ordinance until the December 8, 1998 meeting.
Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio,
Spigener, Shyne, and Burrell. 7. Nays: None.
Councilman Stewart: Mayor Hightower, based on your discussion, if you would assist the Council with someone from the Administration, Police Department or MPC to give us some directions so that we can embrace this prior to the next meeting. Would that be sufficient Mr. Serio? Councilman Serio: That is fine.
Councilman Burrell: Seems like last time we addressed this piece of legislation too, there was
some question as to what we were considering as a premise, whether or not two businesses
sitting on the same parcel of land would be considered one premise or you have two premises at
two separate address. And I believe that that was a point of contention, the first time we
discussed this thing. I don't think we cleared it up at this point; so, maybe we can possible clear
that up in addressing this.
Ordinance No. 215 of 1998: An ordinance amending Chapter 106 of the Code of
Ordinances, the City of Shreveport Zoning Ordinance, by changing the zoning
classification of property located on the NW corner of Hearne and Murray, Shreveport,
Caddo Parish, Louisiana, from R-1D, Urban, One Family Residence District to B-1,
Buffer Business District with MPC Approval, and to otherwise provide with respect
thereto.
Having passed first reading on October 27,1998, was read by title and as read on motion ordered
passed to third reading. Read the third time in full and as read motion by Councilman Shyne,
seconded by Councilman Carmody to postpone the ordinance until the December 8, 1998
meeting. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart,
Carmody, Serio, Spigener, Shyne, and Burrell. 7. Nays: None.
UNFINISHED BUSINESS:
Ordinance No. 90 of 1995: Amending Sec. 30-92 of the Code relative to fireworks.
(F/Green) (Tabled on 2-27-96 and Postponed on November 24, 1998 / 9:00 a.m.)
Councilman Spigener: With great regret, I do move that we remove this from the table unless
someone would like to take this up as a new issue.
Motion by Councilman Spigener to remove the ordinance from the table and from the agenda,
seconded by Councilman Shyne.
Mr. Thompson: Is it to remove it from the table or from the agenda? Councilman Spigener: It
doesn't matter. Councilman Shyne: You meant from the agenda, right? Councilman Stewart:
Mr. Thompson, lead us here: 1. It is on the table and has to be removed from the table, but I
believe that the intent is to remove it from the agenda in toto, would you guide us as to the
correct procedure. Ms. Glass: I believe you could make a single motion to remove it from the
table and remove it from the agenda. Councilman Stewart: Then we'll accept that, removal from
the table and then a removal from the agenda, in the same request.
Motion approved by the following vote: Ayes: Councilman Huckaby, Stewart, Hightower, Serio,
Spigener, Shyne and Burrell. 7. Nays: None.
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 11-10-98 and Postponed on November 24, 1998 / 9:00 a.m.)
Mayor Hightower: That one needs to remain on the table.
NEW BUSINESS: None.
REPORTS FROM OFFICERS, BOARDS, AND COMMITTEES: None.
CLERK'S REPORT: Letter of Appeal: BAC-117-98, ALFRED EMERY, 1455 Russell Road;
Special Exception Use in a B-2 District, Restaurant with on-premises consumption of alcohol.
(A/Huckaby) (not to be considered prior to 12-8)
COMMUNICATIONS AND MISCELLANEOUS MATTERS.
The Council resolved itself into Committee of the Whole, on motion by Councilman Burrell, seconded by Councilman Serio. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne, and Burrell. 7. Nays: None.
Motion by Councilman Stewart, seconded by Councilman Burrell 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.
Councilman Stewart: Ladies and gentlemen, thank you for attending the meeting. Please accept our appreciation for your allowing us to be five minutes late in beginning. One of the commitments we've all made is to operate on time, be as effective in addressing your needs as we can be. We look forward to helping you and we hope you have a nice Thanksgiving.
There being no further business to come before the Council, the meeting adjourned at 3:36 p.m.
/s/John David Stewart, Chairman
/s/Arthur G. Thompson, Clerk of Council