12/14/04 Minutes of Pineville City Council meeting

CITY OF PINEVILLE
REGULAR COUNCIL MEETING
DECEMBER 14, 2004 – 6:00 P.M.
COUNCIL MEETING ROOM

MINUTES

The Mayor and Council of the City of Pineville met in regular session on the 14^h day of December 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

· The Mayor took a moment to thank the City of Pineville Council and staff for their great effort, which was rewarded by a Certificate of appreciation for Patriotic Civilian Service by the Department of Army. This certificate was presented to the Mayor and Council at the Louisiana Homefront Celebration held on September 25^th of this year.

5. The Mayor recognized Buddy Tudor as winner of the Chamber of Commerce’s “Small Businessperson of the Year” for 2004.

6. On motion by Councilwoman Van Mol, seconded by Councilman Bishop and passed, it was resolved to recognize the First Baptist Church Youth Program and what it has done for the community in providing a place for children to go in the afternoons where activities are provided to keep them off of the streets.

7. The Mayor recognized Ms. Rebekah Terrell for winning the LHSAA Superdome Classis Cover Poster Design for 2004. This is the second year in a row that a student form Pineville High School has won first place.

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

· The Mayor formally introduced Mr. Junior Louisiana, Ms. Rebekah Childrus, who was in attendance.

8. On motion by Councilman Martin, seconded by Councilman Bouchie and passed, it was resolved to accept the minutes of the November 9^th meeting as published.

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

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

9a. On motion by Councilman Bishop, seconded by Councilman Dorn and passed, it was resolved to accept the audit report as read by auditor Mark McKay, who commended the Mayor, Council and City Staff on the great job done this past fiscal year.

10. On motion by Councilman Dorn, seconded by Councilwoman Van Mol and passed, it was resolved to adopt an ordinance for annexation of property belonging to Northside Baptist Church. Roll call was as follows:

Yeas Councilpersons Bishop, Dorn, Van Mol, Bouchie, Martin

Nays None

11. Mr. Tom David, City Engineer, reported on the conditions of the following structures located in areas which have been designated for revitalization by the LCDBG project funding grant. The reports are as follows:

11a. 203 Mason Street, case file no. 2004-01, belonging to Ronald Tademy. This structure was found to be in a dilapidated state due to the fact it had been vacant for approximately one year. Mr. Tademy, owner, stated that his plans were to bring the current structure up to the proper City and State Codes so that it may be used for rental property. It was recommended by Mr. David that the Council defer any action on this item for thirty (30) days, until the next meeting in January 2005, during which time he and the property owner will have met with all other inspectors (i.e. plumbing, gas, electrical inspectors to determine the likelihood of pressing further with the request to stop the condemnation of this particular structure. A motion was made by Councilman Bishop and seconded by Councilwoman Van Mol to defer action as Mr. David recommended. The motion carried.

11b. 205A Mason Street, case file no. 2004-02, belonging to Ronald Tademy. This is a badly deteriorated mobile home, illegally placed with no permit. It was recommended that it be moved to either an area within the new Mobile Home Overlay (MHO) District or outside the city limits within sixty (60) days. On motion by Councilman Bishop, seconded by Councilwoman Van Mol and passed, it was resolved to approve the recommendation.

11c. 205 Mason Street, case file no 2004-03, belonging to Ronald Tademy. This structure has been deemed unsafe, an attractive nuisance and condemnation is recommended however, since the property owner is interested in bringing it up to code so that it can be used as rental property Mr. David asked that the Council defer any action on this item for thirty (30) days, until the next meeting in January 2005, during which time he and the property owner will have met with all other inspectors (i.e. plumbing, gas, electrical inspectors to determine the likelihood of pressing further with the request to stop the condemnation of this particular structure. A motion was made by Councilman Dorn and seconded by Councilman Bouchie to defer action as Mr. David recommended. The motion carried.

11d. 301 Mason Street, case file no. 2004-04, belonging to Gary Tolbert. On motion by Councilman Bouchie, seconded by Councilwoman Van Mol and passed, it was resolved to defer any action until the owner could be notified since he was not present tonight but had previously contacted Councilman Dorn relative to this property. On motion by Councilman Bouchie, seconded by Councilwoman Van Mol and passed, it was resolved to defer action as recommended.

11e. 507 Larry Street, case file no. 2004-05, belonging to Bobby Harper. On Mr. David’s recommendation that this structure be condemned, a motion was made by Councilman Dorn, seconded by Councilman Bishop and passed, to proceed with the condemnation at 507 Larry Street.

12. On motion by Councilman Dorn, seconded by Councilwoman Van Mol and passed, it was resolved to authorize the Mayor to advertise for bids for a refuse packer and radios.

13. On motion by Councilman Dorn, seconded by Councilwoman Van Mol and passed, it was resolved to accept for publication and refer to the Zoning Commission a petition for rezoning of property located at 1907 Cotton Street belonging to Hugh and Jamie Carty from R1 to C1 to facilitate an attorney’s office.

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 by the Zoning Commissioner to rezone areas five (5) and ten (10) of the Mobile Home Overlay District in order to comply with the recently adopted ordinance.

15. On motion by Councilman Bishop, seconded by Councilman Bouchie and passed, it was resolved to accept for publication a petition for annexation of property located at 106 and 112 Lorelie belonging to Travis and Stephanie Bordelon.

16. On motion by Councilman Dorn, seconded by Councilwoman Van Mol and passed, it was resolved to accept for publication a petition for annexation of property located at 130 Emma belonging to Kendall Delecerda.

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

WHEREAS, the City of Pineville has been awarded a Grant through the State of Louisiana’s Community Development Block Grant Program for the purpose of Rehabilitating, Demolishing and Replacing existing privately owned single family dwellings; and,

WHEREAS, the program requires that the City adopt a “Housing Rehabilitation Policy” and a “Local Relocation Policy” as part of its administration of the program.

NOW THEREFORE BE IT RESOLVED, that the Mayor and City Council in regular session hereby convened does adopt the attached “Housing Rehabilitation Policy”, “Relocation Policy”, and “Demolition Policy” dated December 14, 2004.

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

WHEREAS, the City of Pineville intends to construct Housing Improvements funded by the LCDBG Program FY 2004; and,

WHEREAS, the Housing Consultant has reviewed, ranked in order of priority and hereby recommend award of the following applications for demolition and replacement:

1. Ms. Emma Harper, 310 Mason Street

2. Mr. Manuel Welch, 120 Gordon Street

3. Mr. Lewis Wilson, 402 Mason Street

4. Ms. Bobbie Gordon, 502 Larry Street

5. Ms. Carolyn Williams, 111 Mason Street

6. Ms. Rosie Murphy, 100 Gordon Street

WHEREAS, Drawings and Specifications have been prepared by Pan American Engineers – Alexandria, Inc.

NOW THEREFORE BE IT RESOLVED, that the Mayor is hereby authorized to advertise for receipt of bids for the Housing Improvements, LCDBG Program FY 2004.

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

On motion by Councilman Dorn seconded by Councilman Bishop and passed, it was resolved to support Act # 853 – Tax on Cigarette Rolling Papers which was passed and signed by the Governor during the 2004 Regular Session.

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

WHEREAS, Title 2 of the Louisiana Revised Statutes of 1950 provides that cities, towns, parishes, and other political subdivisions of this State may separately or jointly acquire, establish, construct, expand, own, lease, control, equip, improve, maintain, operate, regulate and police airports and landing fields for the use of aircraft; and,

WHEREAS, the State of Louisiana, Department of Transportation and Development, Division of Aviation (formerly the LA DOTD-OAPT) is charged by Title 2 with the responsibility for the development of aviation facilities within the State to foster air commerce and to safeguard the interests of those engaged in all phases of the aviation industry and of the general public; and,

WHEREAS, the City of Pineville hereinafter referred to as “Sponsor”, has completed an FAA and DOTD approved Master Plan, Action Plan, and/or Airport Layout Plan which outlines the specific future development of the Pineville Municipal Airport and , the Sponsor is desirous of implementing a portion of the approved Plan recommendations which provide for the critically needed improvements as stated below to substantially improve the safety and usability of the Airport, but does not have sufficient funds of its own required for completely the needed improvements; and,

WHEREAS, the LA DOTD, Division of Aviation is authorized by Title 2 to expend funds for the construction or enlargement of airports for the safety and advancement of aeronautics.

NOW THEREFORE, BE IT RESOLVED,

SECTION 1

That the Sponsor does hereby formally request that the LA DOTD, Division of Aviation provide funds required to complete the airport improvements at the Pineville Municipal Airport specifically as described in the Application for State Financial Assistance.

SECTION II

That the said LA DOTD, Division of Aviation be and is hereby assured that all necessary servitudes, rights-of-way, rights of ingress and egress and means thereof will be furnished by the Sponsor and the titles thereto will be valid and indefeasible, and that the Sponsor will assume ownership, financial reporting, and complete responsibility for the maintenance and upkeep of the airport after completion of said improvement.

SECTION III

That the Sponsor will save and hold the said LA DOTD, Division of Aviation, its officers, agents, and employees harmless from any liability or claim for damages arising out of the project, including death or injuries to third parties including, but not limited to, liability or claim for damages out of the negligence of said LA DOTD, Division of Aviation, its officers, agents, or employees, and expressly agrees to defend any suit of any nature brought against the LA DOTD, Division of Aviation as a result of this project.

SECTION IV

That the Mayor of the Sponsor be and is hereby authorized and directed to evidence this agreement by affixing his signature at the place provided therefore on this resolution and on subsequent related documents/agreements as required by the rules and regulations of the Federal Aviation Administration and the State of Louisiana and the Clerk is hereby authorized to attest said execution.

SECTION V

That this resolution shall be in full force and effect from and after its adoption.

21. 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 received the recommendation of Brandon J. Monceaux Consulting Engineers, that the extensions of the municipal facilities of the City of Pineville, constructed by V & V Properties, LLC as Developer and known as Legacy Pointe Subdivision - 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;

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.

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 the recommendation of Brandon J. Monceaux Consulting Engineers, that the extensions of the municipal facilities of the City of Pineville, constructed by V & V Properties, LLC as Developer and known as Legacy Pointe Subdivision - Phase IV, 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;

23. 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 received a recommendation of acceptance from the City Engineer related to the filing plat for Legacy Pointe-Phase IV; 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.

24. 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 the recommendation of Brandon J. Monceaux Consulting Engineers, that the extensions of the municipal facilities of the City of Pineville, constructed by V & V Properties, LLC as Developer and known as Legacy Pointe Subdivision - Phase V, 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;

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.

25. 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 received a recommendation of acceptance from the City Engineer related to the Legacy Pointe Subdivision-Phase V (Lots 94-110) 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.

26. 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 the recommendation of Brandon J. Monceaux Consulting Engineers, 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 IV, 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

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.

27. 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 received a recommendation of acceptance from the City Engineer related to the Treasure Hills Estates Phase IV (Lots 05-92) 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 of the filing plat on behalf of the City and to execute the filing plat for recordation.

28. On motion by Councilman Dorn, seconded by Councilwoman Van Mol and passed, it was resolved to strike items 28 & 29 from the agenda as they were placed there in error.

29. On motion by Councilman Dorn, seconded by Councilwoman Van Mol and passed, it was resolved to strike items 28 & 29 from the agenda as they were placed there in error.

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

WHEREAS, the City Engineer has reviewed the Filing Plat for the Extension of Grantham Drive and has recommended that the Filing Plat be approved and accepted by the City;

NOW THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized to approve the Filing Plat and accept the dedication of the Road Extension of Grantham Drive.

31. On motion by Councilman Dorn, seconded by Councilwoman Van Mol and passed, it was resolved to strike item 31 from the agenda as it was also placed there in error.

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

WHEREAS, the City Engineer has reviewed the filing plat for Annslee Place Town Homes-Phase I, consisting of Lots 1, 2, and 3 and a Common Area, located off of Dawn Drive and has recommended that the filing plat be approved and accepted by the City.

NOW THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized to approve the filing plat and accept the dedication of servitudes as indicated thereon for Annslee Place Town Homes-Phase I.

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

WHEREAS, the KCS Bridge/LA 165 Landscape Enhancement project envisions the improvements of approximately 780 linear feet southwest continuing northeast on LA Highway 165 of landscaped right of way and medians, and other general improvements, and;

WHEREAS, the City of Pineville acknowledges that it has received LADOTD Transportation Enhancement Program Funding for the KCS Bridge/LA 165 Landscape Enhancement Project in the amount of $189,280.00 under a 95% LADOTD – 5% LOCAL match basis, and;

NOW THEREFORE BE IT RESOLVED, that the Mayor is hereby authorized to accept the LADOTD Transportation Enhancement Program Funding and that the City of Pineville will become the Project Sponsor and thus be responsible for 100% of the design/engineering costs and 5% of the construction costs of eligible items related to the said project; with funds for total project expenses coming from the Federal Highway Administration, and the City’s General Fund, and;

BE IT FURTHER RESOLVED, that the City as the Project Sponsor, will be responsible for the management and maintenance of the improvements and all amenities associated with the project, and assume any legal liability incurred as a result of the project.

There being no further business to come before the Council, a motion to adjourn was made by Councilman Bishop and seconded by Councilman Bouchie. The motion carried and the meeting was adjourned. Mr. 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 14^th day of December 2004.

_______________________
Ellen Melancon, City Clerk

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