MINUTES OF THE REGULAR MEETING
OF THE MAYOR AND COUNCIL
PINEVILLE CITY HALL
AUGUST 12, 2003

The Mayor and Council met in regular session at Pineville City Hall on August 12, 2003 at 6:00 p.m.

ITEM 1 Mayor Fields called the meeting to order.

ITEM 2 Reverend Nathan Martin offered the invocation.

ITEM 3 Councilman Bouchie led the Pledge of Allegiance.

ITEM 4 Roll call was as follows:

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

Absent: None

ITEM 5 On motion by Councilman Dorn, seconded by Councilwoman Cunningham and passed, it was resolved to accept the minutes of the July 8th meeting as published.

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

ITEM 7 On motion by Councilman Dorn, seconded by Councilwoman Cunningham and passed, it was resolved to table opening of bids for gasoline, white rock, hot & cold mix, sand & gravel, water & sewer line parts and water meters until the September meeting.

ITEM 8 On motion by Councilman Bouchie, seconded by Councilwoman Broussard and passed, it was resolved to nominate and elect Councilman Bishop as Mayor Protempore for fiscal year 2003/2004.

ITEM 9 On motion by Councilman Bishop, seconded by Councilman Dorn and passed, it was resolved to approve the Committee Chairpersons for fiscal year 2003/2004. Chairpersons are as follows: Finance Director-Councilman Bouchie, Legal Committee-Councilman Dorn, Recreation Committee-Councilwoman Cunningham, Insurance Committee-Councilwoman Broussard, Plumbing Board-Councilman Bishop

ITEM 10 Mayor Fields called for the report from the Zoning Commission regarding a petition submitted by William Self to re-zone property located at 4817 Highway 28 East (Lot 12 of Nine Oaks Subdivision) from R-1 to C-1. Tom David, Chairman reported that the Zoning Commission had met regarding the above described and due to the opposition of several residents and by unanimous vote of the Commission is was recommended that the zoning not be changed and it remain R-1. On motion by Councilwoman Broussard, seconded by Councilwoman Cunningham and passed, it was resolved to accept the recommendation of the Zoning Commission and deny the request. Roll call was as follows:

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

Nays: None

ITEM 11 Mayor Fields read the canvass of the results of the votes cast at the special election held in the City of Pineville on Saturday, July 19, 2003 which showed there was a total of 573 votes cast in favor of the Proposition and a total of 883 votes cast against the Proposition, and that there was a majority of 310 votes cast against the Proposition as hereinabove set forth. Therefore, the Governing Authority does declare and proclaim in open and public session that the Proposition was duly defeated by a majority of the votes cast by the qualified electors voting at the said special election. On motion by Councilman Dorn, seconded by Councilman Bishop and passed, it was resolved to declare the votes valid.

ITEM 12 On motion by Councilman Bouchie, seconded by Councilwoman Cunningham and passed, it was resolved to adopt an ordinance for annexation of property located at 809 Edgewood Drive belonging to Jack Stehr. No one present spoke either for or against the proposed annexation. Roll call was as follows:

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

Nays: None

ITEM 13 On motion by Councilwoman Broussard, seconded by Councilman Bishop and passed, it was resolved to introduce and accept for publication a petition for annexation of property located at 2908 Hills Road belonging to Marie Morace and John Stewart.

ITEM 14 On motion by Councilwoman Broussard, seconded by Councilman Dorn and passed, it was resolved to accept for publication and refer to the Zoning Commission a petition for re-zoning of property located on Highland Drive belonging to Michael Ashbrook from R-2 to C-1.

ITEM 15 On motion by Councilwoman Broussard, seconded by Councilwoman Cunningham and passed, it was resolved to approve a resolution:

WHEREAS, the City of Pineville has reviewed the plans and specifications for extensions and attachments to the municipal facilities known as Legacy Pointe Subdivision Phase I, and said plans and specifications have been approved by the Mayor and City Engineer.

NOW THEREFORE BE IT RESOLVED, the Mayor is hereby authorized to issue a Developer's Permit and Agreement between the City of Pineville and B.A.T.S.C., L.L.C. as Developer for the above described development.

On motion by Councilwoman Cunningham, seconded by Councilman Dorn and passed, it was resolved to add an item to the agenda as requested by Tom David.

ITEM 15A On motion by Councilwoman Cunningham, seconded by Councilwoman Broussard and passed, it was resolved to approve a resolution:

WHEREAS, the City of Pineville has reviewed the plans and specifications for extensions and attachments to the municipal facilities known as Legacy Pointe Subdivision Phase II, and said plans and specifications have been approved by the Mayor and City Engineer.

NOW THEREFORE BE IT RESOLVED, the Mayor is hereby authorized to issue a Developer's Permit and Agreement between the City of Pineville and B.A.T.S.C., L.L.C. as Developer for the above described development.

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

WHEREAS, the Developer (B.A.T.S.C., L.L.C.) for the proposed Phase II of Legacy Point Subdivision, which is located on the Pinehurst Drive across from Walden Point Subdivision, has requested that the City provide for operation and maintenance of the streets, drainage, 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 Certification 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 right-of-ways 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 collection and treatment facilities can adequately handle the increase flow proposed for this 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 17 On motion by Councilman Dorn, seconded by Councilwoman Broussard and passed, it was resolved to approve a resolution:

WHEREAS, the City of Pineville has received the recommendation of Brandon J. Monceaux Consulting Engineers, Civil Engineer, that the extensions of the municipal facilities of the City of Pineville, constructed by C&M Holding Company, Inc., as Developer and known as Treasure Hills Estates, Phase II, have been satisfactorily completed according to the plans and specifications previously approved by the City; and has received a form of Dedication of Facilities and Agreement for Maintenance from the Developer;

NOW THEREFORE BE IT RESOLVED, that the Mayor is hereby authorized to accept a dedication of said facilities to the City of Pineville as a donation for public use as a part of the City's municipal facilities provided the City is held harmless from all costs of liens, claims and damages, and provided the Developer furnishes all maintenance and repair on the facilities for two (2) years from the date of the acceptance of the dedication of the facilities to the City.

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

WHEREAS, the City of Pineville has received the recommendation of Ernest M. Furby, Civil Engineer, that the extensions of the municipal facilities of the City of Pineville, constructed by Floyd Hebert, Inc., as Developer and known as Phase 4 of Woodlake Subdivision Water Lines, Sewer Lines, Pump Station and Force Main to serve Lots 1-3 and 51-56, have been satisfactorily completed according to the plans and specifications previously approved by the City; and has received a form of Dedication of Facilities and Agreement for Maintenance from the Developer;

NOW THEREFORE BE IT RESOLVED, that the Mayor is hereby authorized to accept a dedication of said facilities to the City of Pineville as a donation for public use as a part of the City's municipal facilities provided the City is held harmless from all costs of liens, claims and damages, and provided the Developer furnishes all maintenance and repair on the facilities for two (2) years from the date of the acceptance of the facilities to the City.

ITEM 19 On motion by Councilman Dorn, seconded by Councilman Bouchie and passed, it was resolved to delete this item from the agenda as the resolution was adopted at the July 8th meeting.

ITEM 20 On motion by Councilman Dorn, seconded by Councilman Bouchie and passed, it was resolved to approve a resolution:

WHEREAS, the City has received a form of "Dedication of Facilities" from The Southern Heritage Bank, 4617 Monroe Highway, for a two inch (2") polyethylene pipe sewer force main with locator wire constructed in accordance with LDOTD Project Permit No. 08009833 along La. Hwy. 28 East from Stilley Road to Pine Trace Apartments; and,

WHEREAS, the City Engineer has recommended to the City that the donation of the improvements be accepted and incorporated into the City's system of utilities.

NOW THEREFORE BE IT RESOLVED, that the Mayor is hereby authorized to accept the dedication of said facilities to the City as a donation of public use as a part of the City's municipal facilities to be maintained and repaired by the City in perpetuity.

ITEM 21 On motion by Councilman Dorn, seconded by Councilwoman Cunningham and passed, it was resolved to grant approval to the Korean War Veterans Association to build a Korean War memorial at a designated site at Kees Park contingent upon the description and location.

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

ITEM 22 On motion by Councilman Bishop, seconded by Councilman Dorn and passed, it was resolved to add the following properties to the condemnation list. 108 Lakeview Street, 511 Lakeview Street, 109 Lakeview Street, 404 Sanders Street and 440 Wadley Street.

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

ITEM 23 On motion by Councilman Bouchie, seconded by Councilman Dorn and passed, it was resolved to appoint an ad-hoc committee to consist of the following: One (1) appointee from each district, two (2) appointees from Mayor Fields, Finance Director Kim Portier, City Engineer Tom David, City Attorney Mike Johnson and City Auditor Mark McKay. The Committee will study finances of the City and make recommendations.

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

Rich Dupree offered the benediction.

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Clarence R. Fields, Mayor

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Date

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Carol Vermillion, Acting Clerk

I, Carol Vermillion do hereby certify that the above and foregoing is a true and correct record of the official action taken at the Regular Meeting of the Mayor and City Council of the City of Pineville, Louisiana, in legal session convened, on the 12th day of August 2003.

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Carol Vermillion, Acting Clerk