MINUTES OF THE REGULAR COUNCIL MEETING
MAYOR AND CITY COUNCIL
CITY OF PINEVILLE, LOUISIANA
FEBRUARY 11, 2003
PINEVILLE CITY HALL

The Mayor and City Council of the City of Pineville met in regular session on the 11th day of February 2003 at 5:30 p.m.

ITEM 1 Mayor Fields called the meeting to order.

ITEM 2 Marvin Zochert offered the invocation.

ITEM 3 Jack Wainwright led the Pledge of Allegiance

ITEM 4 Roll call was as follows:

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

Absent: None

ITEM 5 On motion by Councilman Dorn, seconded by Councilwoman Cunningham and passed, it was resolved to accept the minutes of the January 14th and February 3rd meetings as published.

ITEM 6 On motion by Councilman King, seconded by Councilman Bouchie and passed, it was resolved to approve the financial report as read by Kim Portier, Finance Director.

ITEM 7 Patty Pitzer, State Main Street Coordinator, addressed the Council stating the importance of having a “Main Street Program” in our City.

ITEM 8 On motion by Councilman Bishop, seconded by Councilman Dorn and passed, it was resolved to approve surplus equipment for auction.

ITEM 9 On motion by Councilman King, seconded by Councilman Bouchie and passed, it was resolved to adopt an ordinance for annexation of property located at 1387 Pinehurst Drive belonging to Shannon and Tammy Williams. Roll call was as follows:

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

Nays: None

ITEM 10 On motion by Councilman King, seconded by Councilwoman Cunningham and passed, it was resolved to adopt an ordinance for annexation of property located at 4024 Holloway Prairie Road belonging to Stuart Dunlap. Roll call was as follows:

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

Nays: None

*This motion was later rescinded and this item was reset for the next monthly meeting.

ITEM 11 On motion by Councilman Dorn, seconded by Councilman Bouchie and passed, it was resolved to accept for publication a petition for annexation of property located at 3596 Hwy. 28 E belonging to Southern Heritage Bank.

ITEM 12 On motion by Councilwoman Cunningham, seconded by Councilman Bouchie and passed, it was resolved to accept for publication a petition for annexation of property located at 2811 Donahue Ferry Road belonging to Joseph and Mary Ann Simms.

ITEM 13 On motion by Councilman Bishop, seconded by Councilman Dorn and passed, it was resolved to accept for publication an ordinance providing for the issuance and sale of Not Exceeding Nine hundred Thousand Dollars (900,000) of Utilities Revenue Refunding Bonds, Series 2003, of the City of Pineville, State of Louisiana.

ITEM 14 On motion by Councilman Dorn, seconded by Councilman Bishop and passed, it was resolved to refer to the Zoning Commission a petition to rezone property located in Winthrop Place Subdivision from C-2 to R-1.

ITEM 15 On motion by Councilman Bishop, seconded by Councilman Dorn and passed, it was resolved to approve a resolution:

WHEREAS, a request has been received by the City to consider the acceptance of a dedication of Winthrop Place Drive right-of-way from Winthrop Association, Inc.; being located in a subdivision off of Highway 107 near Stilley Road and being represented by Norman K. and Lorraine B. Martin; and,

WHEREAS, the City Engineer has reported that the roadway improvements constructed within the right-of-way to be dedicated consist of a twenty-four foot (24’) wide Portland cement concrete pavement with barrier curbs that meet the City’s minimum requirements for roadway improvements; and,

WHEREAS, the right-of-way of Winthrop Place is fifty feet (50’) wide which meets the City’s minimum requirements; and,

WHEREAS, a review of recordations made regarding this development includes a predial servitude of passage that exist over the fifty feet (50’) wide roadway tract designated as “Winthrop Place” that is presently owned by Winthrop Place Association, Inc. and said servitude of passage will no longer be of use upon dedication of the right-of-way and acceptance by the City because public access to the property to which the servitude was granted will accordingly be provide by the newly dedicated public right-of way of Winthrop Place.

NOW THEREFORE BE IT RESOLVED, that the Mayor is hereby authorized to accept the dedication of a fifty foot (50’) wide right-of-way for Winthrop Place as indicated on the filing plat prepared by Willis Engineering and to execute the plat on behalf of the City; and,

BE IT FURTHER RESOLVED, that based upon the recommendations of the City Engineer that the Mayor is hereby authorized to accept the donation of the constructed roadway improvements within the Winthrop Place right-of-way; and,

BE IT FURTHER RESOLVED, that the existing predial servitude of passage located within the Winthrop Place right-of-way is hereby dissolved an is no longer needed as a result of the dedication and acceptance of the Winthrop Place right-of-way; and,

BE IT FURTHER RESOLVED, that the Mayor is authorized to have recorded a filing plat that indicated the dedication and acceptance of the right-of-way by the City subject to review and approval by the City Engineer.

ITEM 16 On motion by Councilman Bouchie, seconded by Councilman King and passed, it was resolve to approve a resolution:

WHEREAS, Corley, Inc., the Contractor for the Sewer System Improvements Stehr Lake Sewer (Lot 4) has “Completed” the work under the Contract as recommended by the Engineer;

NOW THEREFORE BE IT RESOLVED, that the Contract of Corley, Inc., the Contractor, for said work is hereby accepted as “Complete”

IT IS HEREBY FURTHER RESOLVED, that the signing and filing with the Clerk of Court of this Acceptance of Contract Resolution by the Mayor is hereby authorized.

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

WHEREAS, the City of Pineville has received the recommendation of Duplantis Design Group, PC, Civil Engineer, that the extension of the municipal facilities of the City of Pineville constructed under a Third Party Developer’s Permit and Agreement with the Pineville Shopping Center, LLC represented by Jeff A. Farmer, Managing Member consisting of adjustments to a City force main, extension of an 8” diameter gravity main and installation of drainage conduit to accommodate the construction of a retail shopping center development adjacent to Wal-Mart Supercenter, have been satisfactorily completed according to the plans and specification previously approved by the City; and

WHEREAS, the City has received a “Dedication of Facilities and Agreement for Maintenance” document from the Developer.

NOW THEREFORE BE IT RESOLVED, that the Mayor is hereby authorized to accept the dedication of the sewer and drainage improvement to the City of Pineville as a donation for public use as part of the City’s municipal facilities; provided that the City is held harmless from all costs of lens, claims and any related damages; and provided that the Developer furnishes all maintenance and repair of the facilities as a warranty for one (1) year from the date of acceptance of the facilities by City Council resolution.

BE IT FURTHER RESOLVED, that a copy of the “Dedication of Facilities and Agreement for Maintenance Agreement” be recorded with the Rapides Parish Clerk of Court by the Mayor.

ITEM 18 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 Tuesday, January 28, 2003, for DRAINAGE IMPROVEMENTS ON LILLY SCOTT DRIVE,

Contractor	Bid
Rylee Contracting, Inc.	$61,250.00
K.C.S Construction, Inc.	$64,910.00

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 the low bidder, Rylee Contracting, Inc. of Alexandria, Louisiana in the amount of $61,250.00 contingent upon execution of a Change Order adjusting the Contract amount to within the funds available for construction.

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 19 On motion by Councilman Dorn, seconded by Councilman Bouchie and passed, it was resolved to approve advertisements of bids pursuant to a Request For Proposals for police department software.

ITEM 20 On motion by Councilman King, seconded by Councilwoman Cunningham and passed, it was resolved to approve advertisement of bids for radios to be used in the Fire Department in order to comply with the new 911 standards effective in April.

Due to a prior arrangement, Councilman Bishop had to leave the meeting early.

ITEM 21 Mr. Tom David approached the Council regarding the condemnation of case file 2002-06 - 100 Effie Street. Because Mr. David did not feel that the property owners were notified as necessary, he recommended that the Council rescind the decision of condemnation that was made on January 14, 2003 and hold a new hearing tonight with Ms. Ruby Freeman appointed as legal counsel representing the property owner. On motion by Councilman Dorn, seconded by Councilman Bishop and passed, it was resolved to accept Mr. David’s recommendation.

Condemnation case 2202-06 – 100 Effie Street belonging to Jacqueline Brice and Terry Gullette represented by Ruby Freeman. The property was purchased at a tax sale by Curtis and Mary Fuselier who did receive notice of the hearing by certified mail but who were not present at the hearing. Mr. David reported that the structure was in a state of disrepair, had been vandalized and was an attractive nuisance along with having structural problems with the roof and foundation. It was his recommendation that the property be condemned and the owner be given sixty (60) days to voluntarily demolish the structure. There was concern by the Mayor and Council that more than enough time had already been given, so on motion by Councilman Dorn, seconded by Councilwoman Bishop and passed, it was resolved to give the owner thirty (30) days to voluntary demolish the structure.

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

ITEM 21-A On motion by Councilman King, seconded by Councilman Bouchie and passed, it was resolved to accept for publication an ordinance relating to the Fire Prevention Bureau and its intent to prescribe regulations consistent with nationally recognized good practice for the safeguarding to a reasonable degree of life and property from the hazards of fire and explosions arising from the storage, handling, and use of hazardous material and devices and from conditions hazardous to life or property in the use of occupancy of buildings or premises.

*ITEM 10 Due to a situation brought to the attention of the Mayor and Council, on motion by Councilman King, seconded by Councilman Bouchie and passed, the previous motion to adopt an ordinance for annexation of property located at 4024 Holloway Prairie Road was rescinded and reset for the next monthly meeting. (ITEM 10) Roll call was as follows:

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

Nays: None

Absent: Councilman Bishop

The Mayor wanted to go on record thanking the Youth Challenge Program (YCP) for coordinating with Wayne Dauzat, Assistant Public Works Director, for putting out yellow ribbons along Hwy 165 to Military Hwy. in honor of the men and women in the armed services.

There being no further business to come before the Council, on motion by Councilman Dorn, seconded by Councilwoman Cunningham and unanimously passed, it was resolved to adjourn the meeting. The benediction was offered by Reverend Nathan Martin.

____________________________________
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 11th day of February 2003.

_________________________________
Ellen Melancon, City Clerk