CITY OF PINEVILLE
REGULAR COUNCIL MEETING
APRIL 19, 2004 – 6:00 P.M.
COUNCIL MEETING ROOM
MINUTES

1.                   The Mayor called the meeting to order.

2.                  Councilman Nathan Martin offered the invocation.

3.                  Councilman Tom Bouchie led the pledge of allegiance.

4.                  Roll call was as follows:

Present            Councilpersons Bishop, Dorn, Cunningham, Bouchie, Martin

Absent               None

5.                  On motion by Councilman Bishop, seconded by Councilwoman Cunningham and passed, it was resolved to approve the appointment of the firm Faircloth, Davidson, Vilar and Elliot, with Jimmy Faircloth representing, to serve as City Attorney.  Roll call was as follows:

Yeas            Councilpersons Bishop, Dorn, Cunningham, Bouchie, Martin

Nays            None

6.                  On motion by Councilman Dorn, seconded by Councilwoman Cunningham and passed, it was resolved to accept the minutes of the March 9^th meeting as published.

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

8.                  The Mayor recognized Girl Scout Juniors Troop #339, led by Debbie Kelly, who were in attendance to satisfy a requirement to receive their "Good Citizen" badge.

·         The Mayor recognized former Councilpersons Lawrence Foster and Carrie Broussard who were in attendance.

9.                  Because Mr. Pat Moore had not yet arrived, the Mayor moved on to Item 10.

10.              On motion by Councilman Martin, seconded by Councilman Dorn and passed, it was resolved to approve the reappointment of Todd Farrar to serve as commissioner for the Pineville Housing Authority.

11.               On motion by Councilman Bouchie, seconded by Councilwoman Cunningham and passed, it was resolved to approve the appointment of Nathan Martin as Council Representative for the Metropolitan Planning Organization (MPO).  (This item was later withdrawn and the vote was retaken so the record would officially reflect Councilman Martin abstaining from the vote.)

12.               ZONING COMMISSION RECOMMENDATIONS:

A.            The Zoning Commission recommended that the Council approve the petition for a variance to allow a single-wide, instead of a double-wide mobile home on property located at 215 Barron Street belonging to Neva Hyams.  The property owner was not available to answer questions regarding her request.  After much discussion, a motion was made by Councilman Dorn and seconded by Councilwoman Cunningham to table this item and direct the City Attorney to review the mobile home ordinance since there seems to be so many petitions for variances lately.  The motion carried.

B.            The Zoning Commission recommended that the Council defer action on a petition for rezoning of property located at 319 Edgewood Drive belonging to Wesley Bradford until elevation and site plans could be viewed on the proposed development.  On motion by Councilwoman Cunningham, seconded by Councilman Martin and passed, it was resolved to accept the Zoning Commission's recommendation to table this item.

C.            The Zoning Commission recommended that the Council approve the petition for rezoning of property located at 105 Al Street belonging to Ellis LaHood from R-1 to C-1.  This is a twenty-five foot portion of a lot that is already zoned C-1.  Roll call was as follows:

                        Yeas            Councilpersons Bishop, Dorn, Cunningham, Bouchie, Martin

                        Nays            None

13.               On motion by Councilwoman Cunningham, seconded by Councilman Dorn and passed, it was resolved to introduce, accept for publication and refer to zoning commission a petition for a variance to place a single-wide (16X80) mobile home on property located at 315 Barron Street belonging to Gloria & David Phillips.

14.              On motion by Councilman Bishop, seconded by Councilman Bouchie and passed, it was resolved to introduce, accept for publication and refer to zoning commission a petition for a variance of the area regulations for property zoned C-3 at 203 Hattie Street belonging to Edith Thompson.

15.               On motion by Councilman Dorn, seconded by Councilwoman Cunningham and passed, it was resolved to introduce and accept for publication a petition for annexation of property located at 116 Hickory Street belonging to Mr. & Mrs. Harry G. Lemoine.

16.               On motion by Councilman Bouchie, seconded by Councilwoman Cunningham and passed, it was resolved to introduce and accept for publication an ordinance relative to Commercial Landscaping.

17.               On motion by Councilman Martin, seconded by Councilman Bouchie and passed, it was resolved to table approval of a resolution relative to the updating of job descriptions for unclassified City of Pineville employees.

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

WHEREAS, the City of Pineville received the following bids on Tuesday March 30, 2004 for a custom fire rescue pumper:

                                                1.            Sunbelt Fire               No Bid

                                    2.            Sutphen Corp.                        $245,169.52

WHEREAS, the bid has been checked by Fire Department personnel to ensure that specifications were complied with.

NOW, THEREFORE, BE IT RESOLVED, the project of building a custom fire rescue pumper will be awarded to Sutphen Corporation of Amlin, Ohio for the sum of $245,169.52; and,    

BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute contracts and change orders between the City of Pineville and Sutphen Corporation.

19.               On motion by Councilman Martin, seconded by Councilman Bouchie and passed, it was resolved to approve a resolution:

BE IT RESOLVED, that the Mayor is hereby authorized to declare the following discarded items in the administrative department as surplus:

Konica 4065 copier
Ricoh Rapicom 230 thermal fax machine 

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

            WHEREAS, the Mayor's office has proposed a plan of improvements to assist in the ongoing revitalization of the Old Town area consisting of new street signage, pedestrian benches, and gateway fencing; and,

            WHEREAS, the Governor's Office of Rural Development is accepting Grant Applications for projects meeting the criteria established and for those projects that have support of the Legislature Delegation; and

            WHEREAS, the Legislature Delegation has acknowledged the application and endorsed the program of improvements.

            NOW, THEREFORE BE IT RESOLVED, that the Mayor and City Council hereby endorse the submission of an application for grant funding for Old Town improvements to the Governor's Office Of Rural Development; and authorizes the Mayor to submit all documents related to the filing of the application.

21.               On motion by Councilman Martin, seconded by Councilman Bouchie and passed, it was resolved to approve a resolution:

             WHEREAS, the Developer (Floyd Hebert) for the proposed Phase 5 of Woodlake Subdivision, which is located adjacent to and east of Village Green Subdivision, 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 (Willis Engineering); 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 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 water distribution and wastewater improvements; and,

                      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; and,

                      BE IT FURTHER RESOLVED, that the City’s sewage treatment facilities can adequately handle the increase flow proposed for this phase of the Woodlake Subdivision Development; and

                      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; and,

                       BE IT FURTHER RESOLVED, that a copy of this Resolution shall be submitted to the State of Louisiana Department of Health and Hospitals.

22.              On motion by Councilman Bouchie, 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 Dean Estates Phase II, 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 New Way Investors as Developer for the above described development.

23.              On motion by Councilman Dorn, seconded by Councilman Martin 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 Hidden Path 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 Steve Jeansonne and Jimmy Faircloth as Developer for the above described development.

·         Pat Moore presented the Mayor and Council with an award that was received when the Pineville Downtown Master Plan was submitted at the yearly American Society of Landscape Architects meeting.  (Item 9)

·         On the advice of our City Attorney, the Mayor asked that Item 11 be recalled and the vote be retaken so the record could reflect Councilman Martin abstaining from the vote.  Councilman Bouchie offered the motion and it was seconded by Councilwoman Cunningham.  The motion carried with Mr. Martin abstaining.

On motion by Councilwoman Cunningham, seconded by Councilman Bouchie with all voting yea and Mr. Martin abstaining, it was resolved to approve the appointment of Nathan Martin as Council Representative for the Metropolitan Planning Organization (MPO).  Roll call was as follows:

                        Yeas                        Councilpersons Bishop, Dorn, Cunningham, Bouchie

                        Nays                        None

                        Abstain            Councilman Martin

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.  Councilman Dorn offered the benediction. 

                                                            _________________________
                                                            Clarence R. Fields, Mayor 

                                                            _________________
                                                            Date

CERTIFICATE 

I, Ellen Melancon, Clerk of the City of Pineville, Louisiana, do hereby certify that the above and foregoing constitutes 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 19^th day of April 2004. 

                                                                                                                        _________________________
                                                                                                                        Ellen Melancon, City Clerk