CITY OF PINEVILLE
REGULAR COUNCIL MEETING
SEPTEMBER 14 – 6:00 P.M.
COUNCIL MEETING ROOM

MINUTES

The Mayor and Council of the City of Pineville met in regular session on the 14th day of September 2004 at 6:00 p.m. at Pineville City Hall.

1. The Mayor called the meeting to order.

2. Councilman Martin offered the invocation.

3. Councilman Bouchie led the Pledge of Allegiance.

4. Roll call was as follows:

Present Councilpersons Bishop, Dorn, Van mol, Bouchie, Martin
Absent None

5. On motion by Councilman Bouchie, seconded by Councilman Martin and passed, it was resolved to accept the minutes of the August 10th meeting as published.

· The Mayor recognized State Representative Rick Farrar who was in attendance.

6. On motion by Councilman Dorn, seconded by Councilwoman Van Mol and passed, it was resolved to accept the financial report as read by the Mayor.

7. On motion by Councilman Bouchie, seconded by Councilwoman Van Mol and passed, it was resolved to adopt an ordinance amending Ordinance No. 1329-2004 An Ordinance to Enact a Commercial Landscaping Ordinance for the City of Pineville to Establish Minimum Standards to Encourage and Promote the Maintenance and Establishment of the Unique Wooded Character of Pineville; to Encourage the Sustainable Use and Stewardship of the Land; and to Conserve and Enhance Properties and Their Value. Roll call was as follows:
Yeas Councilpersons Bishop, Dorn, Van Mol, Bouchie, Martin
Nays None

8. Zoning Commission Chairman, Tom David, reported that the Commission met at 5:00 p.m. to discuss the proposed ordinance that would stipulate the Mobile Home Overlay District. After some discussion and revision of several items within the ordinance, it was the unanimous decision of the Commission to recommend that the Council adopt the ordinance with the revisions as discussed. Councilman Dorn made a motion, which was seconded by Councilman Martin to accept the recommendation of the Zoning Commission to adopt an ordinance to amend the Code of Ordinances of the City of Pineville, Louisiana by Amending Section 6. R-2 Residence District of Appendix A-Zoning and Creating a Zoning Overlay District By Adding Section 16. Mobile Home Overlay District. The motion carried. Roll call was as follows:
Yeas Councilpersons Bishop, Dorn, Van Mol, Bouchie, Martin
Nays None

9. On motion by Councilwoman Van Mol, seconded by Councilman Bouchie and passed, it was resolved to table item nine relative to the adoption of adjusted millage rates for the 2004 tax year.

10. On motion by Councilman Martin, seconded by Councilman Bishop and passed, it was resolved to accept for publication a petition for annexation of approximately 21.66 acres of land owned by C&M Holding Co., Inc. being more particularly described as Treasure Hills Phase IV and a 1.22 acre tract of land situated between Treasure Hills Subdivision, Phases III & IV owned by Johnny Carter.

11. On motion by Councilman Bouchie, seconded by Councilwoman Van Mol and passed, it was resolved to accept for publication a petition for annexation of property located at 220 Iris Lane belonging to Roan E. and Barbara L. Hathorn.

12. On motion by Councilwoman Van Mol, seconded by Councilman Dorn and passed, it was resolved to accept for publication a petition for annexation of property located at 111 Oakridge Road belonging to Shelby Charrier, Jr.

13. On motion by Councilwoman Van Mol, seconded by Councilman Bouchie and passed, it was resolved to accept for publication a petition for annexation of property located at 803 Edgewood Drive belonging to Thomas and Judy Atkinson.

14. 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 111 Sunnyhill belonging to Heath and Billy Nichols from R-1 to R-2.

15. On motion by Councilman Martin, seconded by Councilwoman Van Mol and passed, it was resolved to approve a resolution:

WHEREAS, the City of Pineville has reviewed the plans and specifications for sewer and water extensions and attachments to the municipal facilities known as Woodlake Subdivision Phase 5A lots 57 through 78, 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 Floyd C. Hebert, Inc. as Developer for the above described development.

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

WHEREAS, Act 451 of the 1989 Regular Session of the Louisiana Legislature authorized the financing of certain airport improvements from funds appropriated from the Transportation Trust Fund; and
WHEREAS, the City Council of the City of Pineville is requesting funding assistance from the LA DOTD for the furnishing equipment and/or reimbursement of funds to rehabilitate the existing runway lighting, system, install a Precision Approach Path Indicator (PAPI) System, and Runway End Identification System (REILS) for each runway approach end that will meet State and Federal lighting standards; and
WHEREAS, the LA DOTD is agreeable to the implementation of this project and desires to cooperate with the City Council of the City of Pineville according to the terms and conditions identified in the attached Agreement; and
WHEREAS, the LA DOTD will furnish airport lighting equipment with a value of up to $100,000.00 and reimburse the sponsor up to an additional $125,000.00 of the actual lighting system installation construction costs.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Pineville that it does hereby authorize the Mayor to execute an Agreement for improvements to the Pineville Municipal Airport identified as State Project No. 977-99-0104, more fully identified in the Agreement attached hereto.

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

WHEREAS, the Mayor’s office has proposed a phased plan of improvements to assist in the ongoing revitalization of the Old Town area consisting of new street signage, pedestrian benches, gateway fencing, etc; and,
WHEREAS, the City has received a prior grant for the first phase of the project and funding is still needed for the second phase of work; 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 the second phase of 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.

18. 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 street, drainage, sewer and water extensions and attachments to the municipal facilities known as Ross 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 New Way Investments, Inc. as Developer for the above described development.

19. On motion by Councilman Dorn, seconded by Councilwoman Van Mol and passed, it was resolved to approve a resolution:

WHEREAS, the Developer, New Way Investments, Inc., for the proposed Ross Subdivision, which is located between McDermott Street, Fairbrook Street and Meadow Street has requested that the City provide for operation and maintenance of street, 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 (Brandon Monceaux, Consulting Engineers); 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 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 drainage pipe, structures, streets, water 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 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 increased flow proposed for the Ross Subdivision Development; and,
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 Councilwoman Van Mol, seconded by Councilman Bouchie and passed, it was resolved to add an item to the agenda.

20. On motion by Councilwoman Van Mol, seconded by Councilman Bouchie and passed, it was resolved to approve a resolution:

BE IT RESOLVED, that the City Council of the City of Pineville, do hereby authorize Clarence R. Fields, Mayor and his successors in office to negotiate, on terms and conditions that he may deem advisable, a contract or contracts with the Louisiana Department of Agriculture and Forestry, and to execute said documents on their behalf, and further we do herby give him the power and authority to do all things necessary to implement, maintain, amend or renew said document.

· Angelina Iles, a resident of Lambert Street, asked the Mayor and Council to look into the livestock ordinance as it relates to owning horses within the city limits.

· The Mayor announced that City Hall would officially become a shelter at 7:00 p.m. for those fleeing Hurricane Ivan. The Kees Park Community Center and the Pineville Boys and Girls Club officially became shelters at 5:00 p.m.

There being no further business to come before the Council, a motion was made by Councilman Bishop, seconded by Councilwoman Van Mol and unanimously passed, it was resolved to adjourn the meeting. Mr. Lawrence Foster closed with the benediction.

_______________________
Clarence R. Fields, Mayor

______________
Date

_______________________
Ellen Melancon, City Clerk

CERTIFICATE

I, Ellen Melancon, Clerk of the City of Pineville, do hereby certify that the attached above 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, State of Louisiana, in legal session convened on the 14th day of September 2004.

_______________________
Ellen Melancon, City Clerk

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