MINUTES OF THE REGULAR MEETING
OF THE MAYOR AND COUNCIL
CITY OF PINEVILLE
FEBRUARY 10, 2004 – 6:00 P.M.
The Mayor and Council met in regular session at Pineville City Hall on February 10th at 6:00 p.m.
ITEM 1 Mayor Fields called the meeting to order.
ITEM 2 Councilman Martin offered the invocation.
ITEM 3 Councilman Bouchie led the Pledge of Allegiance.
ITEM 4 Roll call was as follows:
Present Councilpersons Bishop, Dorn, Cunningham, Bouchie, Martin
Absent None
ITEM 5 On motion by Councilwoman Cunningham, seconded by Councilman Dorn and passed, it was resolved to accept the minutes of the January 13th meeting as published.
ITEM 6 Kim Portier, Finance Director, read the financial report for the month ending January 2004 and on motion by Councilman Dorn, seconded by Councilman Bouchie, it was resolved to accept the report as read.
ITEM 7 On behalf of the Pineville Tree Board, Cindy Bouchie presented the Mayor and Council with the Tree City USA designation from the National Arbor Day Foundation. This is the third year the City of Pineville has received this national honor.
ITEM 8 Mr. Edwin "Eddie" Lashney was sworn in to fill the Pineville Downtown Development District's vacancy created by Councilman Martin.
ITEM 9 On motion by Councilman Bishop, seconded by Councilwoman Cunningham and passed, it was resolved to approve the advertisement for bids for a fire rescue pumper.
ITEM 10 On motion by Councilman Bouchie, seconded by Councilman Dorn and passed, it was resolved to accept for publication an ordinance to amend the Code of Ordinances, City of Pineville, Louisiana, by amending sections 24-30, 24-31, 24-32 and 24-33 to provide for the increase of rates charged for water.
ITEM 11 On motion by Councilwoman Cunningham, seconded by Councilman Bishop and passed, it was resolved to accept for publication an ordinance to amend the Code of Ordinances, City of Pineville, Louisiana, by amending sections 24-34, 24-35, 24-36 and 24-37 to provide for the increase of rates charged for sewer service.
ITEM 12 On motion by Councilman Martin, seconded by Councilman Bouchie and passed, it was resolved to accept for publication an ordinance to amend the Code of Ordinances, City of Pineville, Louisiana, by amending section 9-21 to provide for the increase of rates charged for sanitation service.
ITEM 13 On motion by Councilman Bishop, seconded by Councilwoman Cunningham and passed, it was resolved to accept for publication an ordinance amending the Code of Ordinances of the City of Pineville, Appendix A-Zoning, in order to change the front yard setback in R-1 Residence Districts from thirty (30) feet to twenty-five (25) feet and to change the corner lot side street setback in R-1 Residence Districts from thirty (30) feet to twelve and one half (12 ½) feet by changing section 5. R-1 Residence District, Article 5.03 AREA REGULATIONS.
ITEM 14 On motion by Councilman Dorn, seconded by Councilman Bishop and passed, it was resolved to approve a resolution awarding the sale of Seven Hundred Twenty Thousand Dollars ($720,000) of Utilities Revenue Refunding Bonds, Series 2004, of the City of Pineville, State of Louisiana (the "Bonds").
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Board of Aldermen of the City of Pineville, State of Louisiana (the "Governing Authority"), acting as the governing authority of the City of Pineville, State of Louisiana (the "City"), that:
SECTION 1. Sale of Bonds. The Bonds are hereby awarded to and sold to the Coastal Securities, L.P. of New Orleans, Louisiana (the "Underwriter") at a price of $712,796.59 representing the par amount of the Bonds ($720,000.00), minus Underwriters' Discount (1.25%) of $9,000.00 plus accrued interest ($1,796.59), and under the terms and conditions set forth in the Bond Purchase Agreement (hereinafter defined), and after their execution, registration by the Secretary of State and authentication by the Paying Agent, the Bonds shall be delivered to the Purchaser or their agents or assigns, upon receipt by the Issuer of the agreed purchase price. The Bond Purchase Agreement dated February 10, 2004, in substantially the form attached hereto as Exhibit A is hereby approved and the Executive Officers are hereby authorized, empowered and directed to execute the Bond Purchase Agreement on behalf of the Issuer and deliver or cause to be executed and delivered all documents required to be executed on behalf of the Issuer or deemed by them necessary or advisable to implement the Bond Ordinance or to facilitate the sale of the Bonds.
This resolution having been submitted to a vote, the vote thereon was as follows:
Yeas Councilpersons Bishop, Dorn, Cunningham, Bouchie, Martin
Nays None
Absent None
ITEM 15 On motion by Councilman Martin, seconded by Councilman Bouchie and passed, it was resolved to accept for publication an ordinance providing for the issuance and sale of Utilities Revenue Refunding Bonds, Series 2004, 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.
ITEM 16 On motion by Councilman Bishop, seconded by Councilwoman Cunningham and passed, it was resolved to accept the Zoning Commission's recommendation to deny the request from Joseph A. Lachney for a variance to place a mobile home on property located at 209 Hayden, which is in Pineville's Historic District.
ITEM 17 On motion by Councilman Dorn, seconded by Councilwoman Cunningham and passed, it was resolved to accept for publication a petition from Mike Smith for a variance to allow the sale of automobiles on property located at 521 Pine Street, currently zoned C-1.
ITEM 18 On motion by Councilman Dorn, seconded by Councilman Martin and passed, it was resolved to accept for publication a petition from Neva Hyams for a variance to place a single-wide, instead of a double-wide, mobile home on property located at 315 Barron Street, currently zoned R-2.
ITEM 19 On motion by Councilman Martin, 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 III 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 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 collection and treatment facilities can adequately handle the increase in 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 20 On motion by Councilman Martin, seconded by Councilwoman Cunningham and passed, it was resolved to approve a resolution:
WHEREAS, the City of Pineville has received a recommendation of acceptance from the City Engineer related to the Legacy Pointe Phase III filing plat; and,
WHEREAS, the plat has been reviewed and meets the City's requirements for subdivision filing plats; and,
WHEREAS, the filing plat results in creation of subdivision lots, and the dedication of public rights-of-way and servitudes for said subdivision.
NOW, THEREFORE BE IT RESOLVED, that the Mayor is hereby authorized to approve and accept the dedication of rights-of-way and servitudes as indicated on the filing plat on behalf of the City and to execute the filing plat for recordation.
ITEM 21 On motion by Councilman Martin, seconded by Councilman Bishop 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 III, 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; and
WHEREAS, the City of Pineville has received a recommendation of acceptance from the City Engineer;
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 22 On motion by Councilman Martin, seconded by Councilman Bouchie and passed, it was resolved to approve a resolution:
WHEREAS, the City of Pineville has received a recommendation of acceptance from the City Engineer related to the Treasure Hills Estates Phase III (Lots 70-84) filing plat; and,
WHEREAS, the plat has been reviewed and meets the City's requirements for subdivision filing plats; and,
WHEREAS, the filing plat results in creation of subdivision lots, and the dedication of public rights-of-way and servitudes for said subdivision.
NOW, THEREFORE BE IT RESOLVED, that the Mayor is hereby authorized to approve and accept the dedication of rights-of-way and servitudes as indicated on the filing plat on behalf of the City and to execute the filing plat for recordation.
ITEM 23 On motion by Councilman Dorn, seconded by Councilman Bishop and passed, it was resolved to approve a resolution:
BE IT RESOLVED, the Pineville City Court, in accordance with R.S. 1910, may impose a service charge, not to exceed ten dollars per filing, to be dedicated exclusively to acquisition, leasing, construction, equipping and maintenance of the Pineville City Court.
ITEM 24 On motion by Councilman Martin, seconded by Councilwoman Cunningham and passed, it was resolved to approve a resolution stating the City of Pineville’s endorsement of Sleep Inn to participate in the benefits of the Louisiana Enterprise Zone Program.
WHEREAS, the Louisiana Enterprise Zone Act of 1981, Act 901 was enacted by the Louisiana State Legislature, and Act 337 was enacted by the 1982 Legislature, Act 433 was enacted by the 1987 Legislature, and amended by the 1992 Legislature, and
WHEREAS, the Louisiana Enterprise Zone Program offers significant incentives for economic development to some of the most distressed areas in RAPIDES PARISH, and
WHEREAS, the Louisiana Department of Economic Development designated CT 1163 BG 1 (1990), in the CITY OF PINEVILLE, RAPIDES PARISH, as an “Enterprise Zone” eligible based on demographic and economic factors, and
WHEREAS, the CITY OF PINEVILLE states this endorsement is in agreement with the Overall Economic Development Plan for RAPIDES PARISH, and
WHEREAS, the attached map is marked showing the location of the business being endorsed, and
WHEREAS, in accordance with the Louisiana Enterprise Zone Program requirements, the City of Pineville agrees:
1. To participate in the Enterprise Zone Program
2. To assist the department in evaluating progress made in any Enterprise Zone within its jurisdiction.
3. To REFUND all applicable* local sales taxes on the purchase of material used in the construction of a building, or any addition or improvement thereon, for housing any legitimate business enterprise, and machinery and equipment used in that enterprise. This tax refund would be on materials, construction and equipment purchased for a project and used by a business permanently on that site.
THEREFORE BE IT RESOLVED by the City of Pineville in due, regular and legal session convened this 10th day of February 2004 that Sleep Inn is endorsed to participate in the Louisiana Enterprise Zone Program.
BE IT FURTHER RESOLVED that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this resolution which can be given effect without the invalid provisions, items or applications and to this end the provisions of this resolution are hereby declared severable.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict herewith are hereby repealed.
ITEM 25 On motion by Councilman Bouchie, seconded by Councilwoman Cunningham and passed, it was resolved to enter into executive session regarding pending litigation.
· On motion by Councilman Bouchie, seconded by Councilwoman Cunningham and passed, it was resolved to return from executive session.
· On motion by Councilman Martin, seconded by Councilwoman Cunningham and passed, it was resolved to add an item to the agenda.
ADDED ITEM 26 On motion by Councilman Martin, seconded by Councilman Bishop 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 III, and said plans and specifications have been approved by the Mayor and the City Engineer.
NOW, THEREFORE BE IT RESOLVED, that the Mayor is hereby authorized to issue a Developer’s Permit and Agreement between the City of Pineville and V & V Properties, L.L.C. as Developer for the above described development.
· On motion by Councilwoman Cunningham, seconded by Councilman Bouchie and passed, it was resolved to add another item to the agenda.
ADDED ITEM 27 After much discussion, on motion by Councilman Dorn, seconded by Councilwoman Cunningham and passed, it was resolved to approve a resolution:
WHEREAS, Steve Jeansonne, Third Party Developer for the proposed Hidden Path Subdivision, which is planned to be located to the rear of Still Meadow Hills Subdivision, has requested that the City provide for operation and maintenance of the water distribution and 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 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 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 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 a copy of this Resolution shall be submitted to the State of Louisiana Department of Health and Hospitals.
Roll call was as follows:
Yeas Councilpersons Bishop, Dorn, Cunningham
Nays Councilpersons Bouchie, Martin
· On motion by Councilwoman Cunningham, seconded by Councilman Bishop and passed, it was resolved to add an item to the agenda.
ADDED ITEM 28 On motion by Councilman Martin, seconded by Councilwoman Cunningham and passed, it was resolved to accept for publication an ordinance for annexation of property known as Treasure Hills Phase III.
There being no further business to come before the Council, on motion by Councilwoman Cunningham, seconded by Councilman Bouchie and unanimously passed, the meeting was adjourned. Mr. Larry Foster closed the meeting with the benediction.
_________________________________
Clarence R. Fields, Mayor
_________________________________
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 10th day of February 2004.
_________________________________
Ellen Melancon, City Clerk
Back to City Council Page | Back to Pineville On The Net