MINUTES OF THE REGULAR COUNCIL MEETING
MAYOR AND CITY COUNCIL
CITY OF PINEVILLE, LOUISIANA
OCTOBER 8, 2002
PINEVILLE CITY HALL

The Mayor and City Council of the City of Pineville met in regular session on the 8^th day of October 8, 2002 at 7:00 p.m.

ITEM 1            Mayor Fields called the meeting to order

ITEM 2            Nathan Martin offered the invocation.

ITEM 3            Jack Wainwright led the Pledge of Allegiance

Item 4            Roll call was as follows:

Present            Councilman Dorn, Councilwoman Cunningham, Councilman Bouchie, Councilman King

                        Absent            Councilman Bishop

ITEM 5            On motion by Councilman Dorn, seconded by Councilman Bouchie and passed, it was resolved to accept the minutes of the September 10^th meeting as published.

ITEM 6            Kim Portier, Finance Director, read the cash flow report for September, and on motion by Councilman King, seconded by Councilwoman Cunningham and passed, it was resolved to approve the report.

ITEM 7            On motion by Councilman Dorn, seconded by Councilwoman Cunningham and passed, it was resolved to pay the bills.

ITEM 8            On motion by Councilman Bouchie, seconded by Councilman Dorn and passed, it was resolved to authorize the Mayor to enter into a lease contract with Bank One for vehicles and software to be used in the police department.

ITEM 9            On motion by Councilman Dorn, seconded by Councilman King and passed, it was resolved to approve the purchase of property located at 115 Reagan Street.

ITEM 10            On motion by Councilman King, seconded by Councilman Bouchie and passed, it was resolved to approve moving the Veteran’s Day parade to Main Street on November 11^th at 10:00 a.m.

ITEM 11            Tom David, Chairman of the Zoning Commission, addressed the Council stating the Zoning Commission met at 6:30 p.m. to discuss the following:

A.                A petition for variance regarding construction of a nine-foot fence on property located at 324 Edgewood Drive belonging to Richard Cournoyer

Mr. David addressed the Council stating the fence would be placed adjacent to Hilltop Nursing Home and extend approximately fifty feet along the back of Mr. Cournoyer’s property.  The Zoning Commission made a favorable recommendation for the variance and on motion by Councilman King, seconded by Councilman Bouchie and passed, it was resolved to accept the recommendation and approve the request 

B.                 A petition for a variance to place a mobile home on property located at 200 Pinegrove Drive belonging to Shelby Charrier

Tom David addressed the Council stating that the ordinance, which allows a variance to be issued in a hardship case, stipulates that certain emergency conditions must exist and that denial of the variance would cause an economic hardship.  Because there was some question as to whether Mr. Charrier’s situation was considered an emergency, it was the Zoning Commission’s recommendation that the Council deny the request.  On motion by Councilman Bouchie, seconded by Councilwoman Cunningham and passed, it was resolved to accept the Zoning Commission’s recommendation and deny the request for a variance.  Roll call was as follows:

Yeas            Councilwoman Cunningham, Councilman Bouchie, Councilman King

Nays                        Councilman Dorn

Absent            Councilman Bishop

ITEM 12            On motion by Councilwoman Cunningham, seconded by Councilman Dorn and passed, it was resolved to adopt an ordinance amending Ordinance No. 1291-2002 to correct a typographical error regarding the rezoning classification of property located at 108 Fairmount Street belonging to Jimmie Worsham.  Roll call was as follows:

Yeas                Councilman Dorn, Councilwoman Cunningham, Councilman Bouchie, Councilman King

            Nays                None

            Absent            Councilman Bishop

ITEM 13            On motion by Councilman Bouchie, seconded by Councilman King and passed, it was resolved to approve a resolution:

WHEREAS, the City of Pineville received the following bids on Friday, September 13, 2002, for SEWER SYSTEM IMPROVEMENTS, STEHR LAKE AREA-LOT #4 (DOUGLAS SHERWOOD),

                                    CONTRACTOR                               BASE BID

                                    1.            Corley, Inc.                              $11,975.00

            WHEREAS, the Bids have been checked and tabulated by Pan American Engineers-Alexandria, Inc. with a recommendation of award to the low Bidder.

            NOW, THEREFORE BE IT RESOLVED, that the contract for said construction work is hereby awarded to Corley, Inc. of Pineville, Louisiana in the amount of $11,975.00.

            BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute contracts and change orders between the City of Pineville and the successful Bidder.

ITEM 14            On motion by Councilman King, seconded by Councilwoman Cunningham and passed, it was resolved to approve a resolution:

WHEREAS, the Developer (Johnny Carter) for the proposed Phase II of Treasure Hills Estates, which is located on the extension of Sweetwater Rim Drive between Susek Drive and Hollymoore Drive, 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 City minimum standards for streets, drainage, 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 increase flow proposed for this phase of the Treasure Hills Estates 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 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 15            On motion by Councilman Bouchie, seconded by Councilwoman Cunningham and passed, it was resolved to approve a resolution giving preliminary approval to the issuance of not to exceed One Million Seven Hundred Fifty Thousand Dollars ($1,750,000) of Utilities Revenue Refunding Bonds, Series 2002 of the City of Pineville, State of Louisiana; providing certain terms of said bonds; making application to the State Bond Commission for approval of said Bonds; and providing for other matters in connection therewith.

On motion by Councilman Dorn, seconded by Councilwoman Cunningham and passed, it was resolved to add an ITEM 16 to the agenda.

ITEM 16            On motion by Councilman King, seconded by Councilwoman Cunningham and passed, it was resolved to approve a resolution:

WHEREAS, the Louisiana Legislature under Act No. 400 of the 1999 Regular Session (“Act 400”) authorized the Secretary of the Department of Health and Hospitals to lease property located at the rear of Pinecrest Developmental Center to the City for recreational purposes.

NOW THEREFORE BE IT RESOLVED, that the Mayor is hereby authorized to enter into a Land Lease Agreement between the Department of Health and Hospitals on behalf of the City for this property subject to review by the City Attorney.

On motion by Councilwoman Cunningham, seconded by Councilman Bouchie and passed, it was resolved to add an ITEM 16A to the agenda.

ITEM 16A            On motion by Councilwoman Cunningham, seconded by Councilman Dorn and passed, it was resolved to approve a resolution:

WHEREAS, Act No 400 of the 1999 Regular Session of the Louisiana Legislature (“Act 400”) authorized the Secretary of the Department of Health and Hospitals to lease property located at the rear of Pinecrest Developmental Center to the City for recreational developmental purposes; and,

            WHEREAS, the City intends the sublease the property to Ward 9 Recreation District to act on the City’s behalf in the development of the recreational improvements at the site.

            NOW THEREFORE BE IT RESOLVED, that the Mayor is hereby authorized to enter into a Sub-Lease Agreement with Ward 9 Recreation District for the sub-lease of the property; contingent upon review by the City Attorney of the Sub-Lease Agreement.

The Mayor commended the efforts and accomplishments made by all of the city employees, council members and Cleco during the recent Hurricane Lili. 

The Mayor also mentioned that today was Councilman Bouchie’s birthday.

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

Mr. Leon Coleman offered the benediction.

                                                __________________________________________
                                                            Clarence R. Fields, Mayor

                                                                        __________________________________________
                                                                        Date

________________________________
Ellen Melancon, City Clerk

            I, Ellen Melancon, hereby certify that the attached 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 8^th day of October 2002.

                                                                        __________________________________________
                                                                        Ellen Melancon, City Clerk

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