3/9/04 Minutes of Pineville City Council meeting

CITY OF PINEVILLE
REGULAR COUNCIL MEETING
MARCH 9, 2004 – 6:00 P.M.
COUNCIL MEETING ROOM
MINUTES

On March 9, 2004 at 6:00 p.m. the Mayor and Council met in regular session at Pineville City Hall.

1. Mayor Fields called the meeting to order.

2. Councilman Nathan Martin offered the invocation.

3. A local member of the Boy Scouts led the pledge of allegiance.

4. Roll call was as follows:

Present Councilpersons Bishop, Dorn, Cunningham, Bouchie, Martin

Absent None

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

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

7. On motion by Councilman Bouchie, seconded by Councilman Bishop and passed, it was resolved to adopt 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. Roll call was as follows:

Yeas Councilpersons Bishop, Dorn, Cunningham, Bouchie, Martin

Nays None

8. On motion by Councilman Dorn, seconded by Councilman Bouchie and passed, it was resolved to adopt 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. Roll call was as follows:

Yeas Councilpersons Bishop, Dorn, Cunningham, Bouchie, Martin

Nays None

9. On motion by Councilman Martin, seconded by Councilman Dorn and passed, it was resolved to adopt 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. Roll call was as follows:

Yeas Councilpersons Bishop, Dorn, Cunningham, Bouchie, Martin

Nays None

10. On motion by Councilman Bishop, seconded by Councilwoman Cunningham and passed, it was resolved to adopt 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 (12.5) feet by changing Section 5. R-1 Residence District, Article 5.03 Area Regulations. Roll call was as follows:

Yeas Councilpersons Bishop, Dorn, Cunningham, Bouchie, Martin

Nays None

11. On motion by Councilman Dorn, seconded by Councilwoman Cunningham and passed, it was resolved to adopt 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. Roll call was as follows:

Yeas Councilpersons Bishop, Dorn, Cunningham, Bouchie, Martin

Nays None

· On motion by Councilman Bishop, seconded by Councilman Dorn and passed, it was resolved to add an item to the agenda.

On motion by Councilman Martin, seconded by Councilwoman Cunningham and passed, it was resolved to adopt an ordinance for annexation of property known as Treasure Hills Phase III. Roll call was as follows:

Yeas Councilpersons Bishop, Dorn, Cunningham, Bouchie, Martin

Nays None

12. Mayor Fields called for the report of the Zoning Commission regarding two petitions for variances to the City's zoning ordinance. Tom David, Chairman, reported that the Zoning Commission had met at 5:30 to discuss both issues and their recommendations were as follows:

A. Regarding a petition from Mike Smith for a variance to allow the sale of automobiles on property located at 521 Pine Street (Zoned C-1), it was the recommendation of the Zoning Commission to allow a variance with the following stipulations:

1. There may be a maximum of two (2) vehicles for sale at a time.

2. The property owner may not indicate the sale of automobiles by using promotional banners or flags commonly seen at dealerships.

3. The authorization is neither transferable nor attached to the property and is issued only to Mike Smith, doing business as S&S Collision.

On motion by Councilwoman Cunningham, seconded by Councilman Martin and passed, it was resolved to accept the Zoning Commission’s recommendation and grant the variance as stipulated.

B. Regarding 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 (Zoned R-2), it was the recommendation of the Zoning Commission that this hearing be rescheduled due to a point of order.

On motion by Councilman Dorn, seconded by Councilwoman Cunningham and passed, it was resolved to allow the Mayor to add an item 12c to the agenda.

C. On motion by Councilman Dorn, seconded by Councilwoman Cunningham and passed, it was resolved to accept for publication and refer to the Zoning Commission a petition from Neva Hyams for a variance to place a single-wide, instead of a double-wide, mobile home on property located at 215 Barron Street (Zoned R-2).

13. On motion by Councilman Martin, seconded by Councilman Bouchie and passed, it was resolved to accept for publication and refer to the Zoning Commission a petition for rezoning of property located at 319 Edgewood Drive belonging to Wesley Bradford.

14. On motion by Councilman Dorn, seconded by Councilman Bishop and passed, it was resolved to accept for publication and refer to the zoning commission a petition for rezoning of property located at 105 Al Street belonging to Ellis LaHood.

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

WHEREAS, the Developer (Glad, L.L.C.) for the proposed Annslee Place Townhouses, which is located on Stilley Road and Deer Trace, 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 ensure 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.

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

16. On motion by Councilman Bouchie, seconded by Councilwoman Cunningham and passed, it was resolved to move the next month's council meeting from April 13^th to April 19^th so that representatives from the City of Pineville would be able to attend the Supreme Court proceedings regarding the LMA's lawsuit against the Firefighters Retirement System. The hearing is scheduled for April 13, 2004 in New Orleans. Roll call was as follows:

Yeas Councilpersons Bishop, Dorn, Cunningham, Bouchie, Martin

Nays None

· On motion by Councilman Bishop, seconded by Councilman Dorn and passed, it was resolved to add an item 17 to the agenda.

17. On motion by Councilman Bishop, seconded by Councilman Dorn and passed, it was resolved to extend the moratorium placed on the issuance of billboard permits another sixty (60) days until a draft of the amendment to the billboard ordinance can be reviewed and placed on the agenda for publication and adoption.

In case anyone would like to attend, the Mayor announced that the Rapides Parish School Board meeting which was in progress until 8:00 p.m. at Pineville High School. He also mentioned the Automatic External Defibrillator (AED) that was installed this month in the hallway outside the Council Room, noting that several City employees had been trained in its use.

Marvin Zochert reminded everyone that garbage containers are to be removed from the curb after garbage has been picked up.

Public Works Director, Charlie Moore, announced the Cleanest City Contest scheduled for March 30, 2004 with the kickoff on March 27, which will be known as the “Great American Cleanup." Pineville Concerned Citizens President, Angelina Iles, extended an invitation for everyone to participate.

With no further business to come before the Council, on motion by Councilwoman Cunningham, seconded by Councilman Bouchie and unanimously passed, the meeting was adjourned. Councilman Dorn closed 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 9^th day of March 2004.

______________________________
Ellen Melancon, City Clerk

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