MINUTES OF THE REGULAR COUNCIL MEETING
OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF PINEVILLE, LOUISIANA HELD
JUNE 11, 2002
 

THE MAYOR AND CITY COUNCIL OF THE CITY OF PINEVILLE MET IN REGULAR SESSION ON THE 11TH DAY OF JUNE, 2002 AT 7:00 P.M.

ITEM 1            Mayor Fields called the meeting to order.

ITEM 2            Mr. Lawrence Foster offered the invocation.

ITEM 3            Councilman Wainwright led the Pledge of Allegiance.

ITEM 4            Roll call was as follows:

Present            Councilman Bishop, Councilman Dorn, Councilwoman Cunningham, Councilman Wainwright, Councilwoman Broussard

Absent            None

The Mayor recognized Officer Paul Dewilde who was in the audience. 

ITEM 5            On motion by Councilman Wainwright, seconded by Councilman Dorn and passed, it was resolved to approve the minutes of the May 14th regular meeting as published.

ITEM 6            On motion by Councilman Bishop, seconded by Councilwoman Cunningham and passed, it was resolved to authorize payment of the bills as funds become available.

ITEM 7            Councilman Wainwright read the financial cash flow report for the month of May, and on motion by Councilman Wainwright, seconded by Councilwoman Broussard and passed, it was resolved to approve the report.

ITEM 8            On motion by Councilman Wainwright, seconded by Councilman Dorn and passed, it was resolved to appoint Ellen Melancon as City Clerk to replace retiring Carol Vermillion, effective July 9th. 

ITEM 9            Mayor Fields called for the Zoning Commission report. Tom David, Chairman of the Commission, addressed the Council stating that the Zoning Commission met at 6:30 p.m. to consider the following requests for variances:

a.                  A petition to place a mobile home on property located at 504 Smith Street belonging to Donna Bordelon.  It was the decision of the Commission to recommend that the Council deny the request.

On motion by Councilman Wainwright, seconded by Councilman Dorn and passed, it was resolved to accept the Zoning Commission’s recommendation to reject the application.

b.                  A petition to place a mobile home on property located at 228 Ruth Street belonging to Brenda Jarrell.  It was the decision of the Commission to recommend that the Council approve the request and issue a variance with the following proviso:

Section 6.01-6

(e) waive the width requirement

(h) waive the requirement that it be placed parallel to the    lot frontage

(j) waive the minimum roof pitch requirement

On motion by Councilman Dorn, seconded by Councilwoman Cunningham and passed, it was resolved to accept the recommendation of the Zoning Commission and approve the request as stated by Mr. David.

ITEM 10            On motion by Councilman Dorn, seconded by Councilwoman Cunningham and passed, it was resolved to adopt an ordinance for annexation of property located at 127 Hickory Street petitioned by Alfred Dauzart.  No one present spoke either for or against the proposed annexation.  Roll call was as follows:

Yeas            Councilman Bishop, Councilman Dorn, Councilwoman Cunningham, Councilman Wainwright, Councilwoman Broussard.

            Nays            None

ITEM 11            On motion by Councilwoman Broussard, seconded by Councilman Bishop and passed, it was resolved to adopt an ordinance for annexation of property located at 3524 Hwy 28 E petitioned by Gerald (Pete) Ferrington.  No one present spoke either for or against the proposed annexation.  Roll call was as follows:

Yeas            Councilman Bishop, Councilman Dorn, Councilwoman Cunningham, Councilman Wainwright, Councilwoman Broussard.

            Nays            None

ITEM 12            On motion by Councilman Wainwright, seconded by Councilman Dorn and passed, it was resolved to adopt an ordinance amending Ordinance No. 1274-2001 regarding insurance premium tax. Roll call was as follows:

Yeas            Councilman Bishop, Councilman Dorn, Councilwoman Cunningham, Councilman Wainwright, Councilwoman Broussard

            Nays            None

ITEM 13              On motion by Councilman Dorn, seconded by Councilwoman Cunningham and passed, it was resolved to accept for publication a petition from Kathy Gypin for annexation of property located at 820 Bayou Marie.  (Ald. Dorn – Dist. 2)

ITEM 14            On motion by Councilman Wainwright, seconded by Councilman Bishop and passed, it was resolved to accept for publication an amendment to Ordinance 1192-1999 Section 2-1.5 of the Code of Ordinances relative to the annual cost of living adjustment. 

ITEM 15            On motion by Councilman Dorn seconded by Councilwoman Cunningham and passed, it was resolved to accept for publication an amendment to Ordinance No. 1248-2000 updating the City of Pineville’s Employee Policy and Procedure Manual.

ITEM 16            On motion by Councilman Wainwright seconded by Councilman Bishop and passed, it was resolved to approve a resolution:

            BE IT RESOLVED, that the City Council of the above, does hereby authorize Mayor Clarence R. Fields and his successors in office to negotiate, on terms and conditions that he may deem advisable, a contract or contracts with the Louisiana Department of Agriculture and Forestry, and to execute said documents on their behalf, and further we do hereby give him the power and authority to do all things necessary to implement, maintain, amend or renew said document.

ITEM 17            On motion by Councilman Dorn, seconded by Councilwoman Broussard and passed, it was resolved to approve a resolution:

            WHEREAS, a request has been made by citizens living in the vicinity of Pinegrove Drive (Louisiana Highway 3263) to restrict or control heavy truck traffic along the roadway; and,

            WHEREAS, the roadway is currently a State Route and the City has no authority to restrict the traffic utilizing the roadway, unless the roadway was transferred from the Louisiana Department of Transportation and Development’s (LDOTD) Highway system and incorporated into the City’s road system for operation and maintenance; and,

            WHEREAS, the LDOTD has offered to release the roadway from the State’s Highway system upon receipt of an official request from the City in support of the transfer and authorizing the Mayor to execute any transfer agreement on behalf of the City.

            NOW THEREFORE BE IT RESOLVED, that the Mayor is hereby authorized to enter into such agreements as required with the Louisiana Department of Transportation and Development to delete from the state highway inventory and maintenance and officiate the inclusion of Pinegrove Drive (Louisiana Highway 3263) from Louisiana Highway 28 East to Louisiana Highway 107 into the City’s Roadway System.

ITEM 18            On motion by Councilman Wainwright, seconded by Councilwoman Cunningham and passed, it was resolved to approve the surplus equipment to be auctioned.

On motion made by Councilman Dorn, seconded by Councilman Bishop and passed, it was resolved to add an item to the agenda.

ITEM 18-A            On motion made by Councilman Bishop, seconded by Councilwoman Cunningham and passed it was resolved to approve a Resolution:

            WHEREAS, the Developer (Floyd Hebert) for the proposed Phase 4 of Woodlake Subdivision, which is located adjacent to and ease of Village Green Subdivision, has requested that the City provide for operation and maintenance of water distribution and wastewater collection improvements that are to be constructed by the Developer and conforming to City standards under the City Standard Developer Permit; and,

            WHEREAS, the Plans and Specifications for the water distribution and wastewater collection improvements have been submitted to the Department of Health and Hospitals (DHH) for review and approval by the Developer’s Engineer; and

            WHEREAS, DHH has requested that the City provide a Resolution indicating their intent to operate and maintain the improvements once constructed.

            NOW THEREFORE BE IT RESOLVED, that the City hereby agrees to accept for operation and maintenance the water distribution and wastewater collection improvements contingent upon the following:

(1)               receipt of Board of Health approval of the design;

(2)               receipt of all Permits and Certifications as required under the City’s Third Party Developer Improvements procedures;

(3)               receipt of appropriate Development permit fees;

(4)               receipt of As-Built Record Drawings indicating locations of all lines, water valves, fire hydrants, sewer manholes, sewer wyes and services, etc.;

(5)               receipt of certification from Developer’s Engineer that improvements have been constructed in accordance with designs as approved by the Board of Health and in conformity to minimum standards established by the City as contained in the Developer’s Agreement;

(6)               receipt from City Engineer of a report of inspection stating that improvements constructed have met designs as approved;

(7)               receipt of appropriate documentation, meeting the approval of the City Attorney, that all improvements located on property not within publicly dedicated rights-of-way have been installed within easements or servitude acceptable to the City and meeting the minimum width requirements as required by the City Engineer.

(8)               that the Plans and Specifications once receiving approval from the DHH shall be reviewed by the City Engineer to insure conformance for materials specified with the City minimum standards for water distribution and wastewater improvements.

BE IT FURTHER RESOLVED, that this acceptance is contingent on review and approval by the City Engineer of the Developer’s Drawings and Specifications for the work.

            BE IT FURTHER RESOLVED, that the City’s sewage treatment facilities can adequately handle the increased flow proposed for this phase of the Woodlake Subdivision Development.

            BE IT FURTHER RESOLVED, that the City Engineer is authorized to notify the Developer that only submersible wastewater pumps meeting the City’s specifications are acceptable for installation at lift stations and that the design shall be revised accordingly to include said equipment.

            BE IT FURTHER RESOLVED, that a copy of this Resolution shall be submitted to the State of Louisiana Department of Health and Hospitals.

ITEM 19            Tom David addressed the Council regarding a condemnation hearing on property located at 504 Baker Street belonging to Willie Mae Everett (Case 2002-05).  Mr. David recommended that the structure be condemned.  Because Ruby Freeman, legal counsel for Ms. Everett, was not present to speak on her behalf, it was Mr. David’s recommendation that the hearing be tabled until such time that Ms. Freeman could be present.

On motion by Councilman Dorn, seconded by Councilwoman Cunningham and passed, it was resolved to accept the recommendation of the Engineer and table the condemnation hearing until legal counsel for Ms. Everett could be present.

Mayor Fields recognized Carol Vermillion, City Clerk, who is retiring after 32 years of service with the City, by presenting her with a proclamation.

Mayor Fields recognized Councilwoman Carrie Broussard, who is retiring after several years on the City Council, by presenting her with a proclamation.

Mayor Fields recognized Councilman Jack Wainwright, who is retiring after 24 years on the City Council, by presenting him with a proclamation.

Noting the arrival of Ruby Freeman, legal counsel for the owner of property located at 504 Baker Street, a motion was made by Councilman Bishop, seconded by Councilwoman Cunningham and passed, to readdress ITEM 19.  It was the recommendation of both Ms. Freeman and the Engineer that the property be condemned allowing the owner sixty (60) days to voluntary demolish the structure.  On motion by Councilman Wainwright, seconded by Councilman Bishop and passed, it was resolved to accept the recommendation to condemn the property. 

There being no further business to come before the Council, on motion by Councilman Wainwright, seconded by Councilwoman Cunningham and unanimously passed, the meeting was adjourned.

James Dauzart offered the benediction.

                                                                        ____________________________________
                                                                        Clarence R. Fields, Mayor

                                                                        ____________________________________
                        
                                                Date

__________________________________
Carol Vermillion, City Clerk

            I, Carol Vermillion, hereby certify that the above and foregoing is a true and correct record of the official action taken at the Regular Council Meeting of the Mayor and City Council of the City of Pineville, Louisiana, in legal session convened, on the 11th day of June 2002.

___________________________________
Carol Vermillion, City Clerk


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