MINUTES OF THE REGULAR MEETING
OF THE MAYOR AND COUNCIL
CITY OF PINEVILLE
OCTOBER 14, 2003

The Mayor and Council met in regular session at Pineville City Hall on October 14, 2003 at 6:00 p.m.

ITEM 1 Mayor Fields called the meeting to order.

ITEM 2 Mr. Rich Dupree 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 Councilwoman Cunningham, seconded by Councilman Bouchie and passed, it was resolved to accept the minutes of the September 9th meeting as published.

ITEM 6 On motion by Councilman Dorn, seconded by Councilwoman Cunningham and passed, it was resolved to accept the financial report as read by the Finance Director, Kim Portier. Councilman Bouchie, Chairman of the Finance Committee, reported that during the Finance Committee Meeting held at 5:00 p.m., it was decided to recommend to the Council that an increase be made in the salaries of the police officers in order to maintain the current force. The Mayor reminded everyone that it was a recommendation from the Finance Committee and even though there were still hurdles to cross, it was not falling on deaf ears.

ITEM 7 Councilman Tom Bouchie, Chairman of the ad-hoc committee that was recently appointed to study the finances of the City, introduced the other members. Included in that committee are Councilman Kevin Dorn, Eva Worsham, Ruby Freeman, Katherine Eppler, Marvin Zochert, Lawrence Foster and Christy Frederick. Mr. Marvin Zochert spoke on behalf of the group saying that many good ideas had been brought forth and nothing would be left out.

ITEM 8 Chief Jay Barber presented Detective Roy Forte with a Life-Saving Award for administering the Heimlich maneuver, which saved the life of Captain Kenny Johnson.

ITEM 9 Tom David, City Engineer, reported on the City’s project to construct a new wastewater treatment plant. Construction is set to begin in February 2005 and it should be operational by September 2006.

ITEM 10 On motion by Councilman Bouchie, seconded by Councilwoman Cunningham and passed, it was resolved to approve moving the November 11th meeting to November 10th due to the Veteran’s Day Holiday. The Mayor also reminded everyone that the Veteran’s Day Parade would be on Main Street again this year.

ITEM 11 On motion by Councilman Bouchie, seconded by Councilman Bishop and passed, it was resolved to reappoint Mike Tudor to the England Authority.

ITEM 12 On motion by Councilman Dorn, seconded by Councilwoman Cunningham and passed, it was resolved to adopt ordinances amending Chapter 14 of The Code of Ordinances, City of Pineville, Offenses and Miscellaneous Law Enforcement Provisions (Parts A-D). Roll call was as follows:

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

Nays: None

ITEM 13 On motion by Councilman Bouchie, seconded by Councilwoman Cunningham and passed, it was resolved to adopt an ordinance to amend Ordinance Number 1064-94 Code of Ordinances, City of Pineville, By Changing the Local Limits Within the City’s Waste Water Pretreatment Program. Roll call was as follows:

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

Nays: None

ITEM 14 On motion by Councilman Bishop, seconded by Councilman Bouchie and passed, it was resolved to accept for publication an ordinance amending Chapter 22 of the Code of Ordinances, City of Pineville, Traffic and Vehicles.

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

WHEREAS, the City of Pineville has requested proposals from interested firms and individuals for Administrative Services for the City’s 2004-2005 FY LCDBG Program for Housing Improvements; and,

WHEREAS, the proposals have been reviewed and ranked in accordance with the established Program Criteria.

NOW THEREFORE BE IT RESOLVED, that PAN AMERICAN ENGINEERS is hereby selected by the City of Pineville to provide Administrative Consulting Services; and,

BE IT FURTHER RESOLVED, the Mayor is herby authorized to negotiate and execute a contract for the above services contingent upon approval of the selected firm by the State of Louisiana, Division of Administration.

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

WHEREAS, the Developer (C & M Holding Company) for the proposed Phase III 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 servitudes 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 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 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 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 16 (original item) 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 Phase III of Treasure Hills Subdivision, and said plans and specifications have been approved by the Mayor and the 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 C & M Holding Company, Inc. as Developer for the above-described development.

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

WHEREAS, the Developer (New Way Investments) for the proposed Phase 2 of Dean Estates Subdivision, which is located off Donahue Ferry Road at Iris Road, 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 servitudes 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 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 18 On motion by Councilwoman Cunningham, seconded by Councilwoman Broussard and passed, it was resolved to approve a resolution:

WHEREAS, Bruce W. and Rita L. Venable are the owners of Lot 1 of the Anton Holly Partition and a portion of Lot 18 of the Forest Park Subdivision, Unit 2 in Section 49, Township 4 North, Range 1 West, Rapides Parish, Louisiana; and,

WHEREAS, the City of Pineville, Louisiana is the owner of Lot 13 of Forest Park Subdivision Unit 2 on Janet Drive; and,

WHEREAS, Bruce W. and Rita L. Venable desire to obtain domestic water service from the City of Pineville’s Janet Drive water main, requiring installation of a water service line within a servitude across the City’s property; and,

WHEREAS, Bruce W. and Rita L. Venable have granted to the City of Pineville, Louisiana a valuable utility servitude on and across their property.

NOW THEREFORE BE IT RESOLVED, that in consideration thereof that the Mayor of the City of Pineville, Louisiana, be and is hereby authorized to execute a document granting said servitude as shown on Drawing No. 9852 dated 9/18/2003 by Pan American Engineers – Alexandria, Inc.

ITEM 18A On motion by Councilwoman Broussard, seconded by Councilman Bouchie and passed, it was resolved to approve a resolution:

WHEREAS, Bruce W. and Rita L. Venable are the owners of Lot 1 of the Anton Holly Partition and a portion of Lot 18 of the Forest Park Subdivision, Unit 2 in Section 49, Township 4 North, Range 1 West, Rapides Parish, Louisiana; and,

WHEREAS, the property owner desires to grant a Utility Servitude to the City of Pineville for future utility extensions; and,

WHEREAS, the City of Pineville, Louisiana expects that a need will arise to construct utility extensions in this servitude,

NOW THEREFORE BE IT RESOLVED, that the Mayor of the City of Pineville, Louisiana, be and is hereby authorized to accept that servitude as shown on Drawing No. 9853 dated 9/18/2003 by Pan American Engineers – Alexandria, Inc.

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

WHEREAS, CLECO Power, L.L.C. has need of a utility right-of-way for the extension of an electric utility line across the property of the City of Pineville at the Janet Drive water well site, being Lot 13 of Forest Park Subdivision; and,

WHEREAS, such extension is beneficial to the City’s residents by providing improved electrical service.

NOW THEREFORE BE IT RESOLVED, that the Mayor of the City of Pineville, Louisiana, be and is hereby authorized to execute a document granting the required right-of-way to CLECO Power, L.L.C.

ITEM 19 On motion by Councilman Dorn, seconded by Councilman Bishop and passed, it was resolved to approve a resolution:

WHEREAS, the Coburn Supply Company, Inc. and Robert A. Corley, III are owners of property in the Hooper Heirs Subdivision on Jefferson Highway near U.S. Highway 165, as shown on that Drawing by Pan American Engineers – Alexandria, Inc. labeled Drawing No. 9846 dated 8/26/03; and,

WHEREAS, there exists a twenty foot (20’) wide unimproved street right-of-way along the north edge of property, which right-of-way connects U.S. Highway 165 to Jefferson Highway; and,

WHEREAS, the property owners are desirous of donating to the City of Pineville an addition thirty feet (30’) of right-of-way in order to provide a fifty foot (50’) wide public street right-of-way connecting U.S. Highway 165 to Jefferson Highway; and,

NOW THEREFORE BE IT RESOLVED, that the Mayor of the City of Pineville, Louisiana be and is hereby authorized to accept that additional right-of-way from the Coburn Supple Company, Inc. and Robert A. Corley, III described as follows:

A 30’ Wide Strip of Property from Coburn Supply Company, Inc. and Robert A. Corley, III for a Proposed 50’ Wide Right-of-Way (Hooper Lane), Located in Section 12, Township 4 North, Range 1 West, City of Pineville, Rapides Parish, Louisiana) all as shown on the Drawing by Pan American Engineers – Alexandria, Inc. and,

BE IT FURTHER RESOLVED, that the street and right-of-way shall be known as Hooper Lane.

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

BE IT RESOLVED, that the Chief of Police is hereby authorized to enter into an Employee Agreement per R.S. 40:2402 & 2405F relative to repayment of costs incurred in training of new employees should they decide to leave within a specified length of time.

ITEM 21 On motion by Councilman Dorn, seconded by Councilwoman Cunningham and passed, it was resolved to accept for publication an ordinance providing for the issuance and sale of Utilities Revenue Refunding Bonds, Series 2003A, of the City of Pineville, State of Louisiana; prescribing the form, fixing the details and providing for the rights of the owners thereof; providing for the payment of said bonds and the application of the proceeds thereof to the redemption of certain bonds of said City; awarding said bonds to the purchaser thereof; and providing for other matters in connection therewith.

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. The benediction was offered by Councilman Dorn.

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Clarence R. Fields, Mayor

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Date

____________________________________
Ellen Melancon, City Clerk

CERTIFICATE

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 14th day of October 2003.

_________________________________
Ellen Melancon, City Clerk


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