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MINUTES OF A REGULAR MEETING

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MINUTES OF A REGULAR MEETING OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF RUSTON HELD ON MONDAY, JULY 9, 2012, AT 5:30 P.M., IN COUNCIL CHAMBERS/COURTROOM, 2ND FLOOR, CITY HALL, 401 NORTH TRENTON, RUSTON, LOUISIANA
A regular meeting of the Mayor and Board of Aldermen of the City of Ruston was held Monday, July 9, 2012, at 5:30 p.m., in the Council Chambers/Courtroom, 2nd Floor, City Hall, 401 North Trenton, Ruston, Louisiana. A quorum was present, notice having been duly served. Mayor Dan Hollingsworth, Aldermen Jedd Lewis, Elmore Mayfield and Jim Pearce and Alderwomen Glenda Howard and Marie Riggs were present. Mayor Dan Hollingsworth called the meeting to order at 5:30 p.m., and Alderman Jedd Lewis delivered the invocation.
I. AGENDA AND MINUTES:
A. ADOPT AGENDA.
Alderwoman Glenda Howard requested that an item be added to Code Enforcement (IV) to consider action on 809 Gilman. Motion was made by Alderwoman Glenda Howard and seconded by Alderman Elmore Mayfield to amend the agenda by adding Section IV-C to consider 809 Gilman. Motion was made by Alderwoman Glenda Howard and seconded by Alderman Jim Pearce to adopt the agenda, as amended. There were no comments from the audience and the motion passed by unanimous vote.
B. APPROVE MINUTES JUNE 4, 2012, REGULAR MEETING.
Alderman Jim Pearce made a motion, seconded by Alderman Elmore Mayfield, to approve the Minutes of the June 4, 2012, Regular Council meeting. Mayor Hollingsworth asked for comments from the audience and there were none. The motion passed by unanimous vote.
C. APPROVE MINUTES JUNE18, 2012, SPECIAL MEETING.
Alderman Jim Pearce made a motion, seconded by Alderman Elmore Mayfield, to approve the Minutes of the June 18, 2012, Special Council meeting. Mayor Hollingsworth asked for comments from the audience and there were none. The motion passed by unanimous vote.
D. APPROVE MINUTES JUNE 29, 2012, SPECIAL MEETING.
Alderman Jim Pearce made a motion, seconded by Alderwoman Glenda Howard, to approve the Minutes of the June 29, 2012, Special Council meeting. Mayor Hollingsworth asked for comments from the audience and there were none. The motion passed by unanimous vote.
II. ADMINISTRATION:
A. CONSIDER ORDINANCE NO. __ OF 2012, PROVIDING FOR THE INCURRING OF DEBT AND ISSUANCE OF FOURTEEN MILLION EIGHT HUNDRED SEVENTY THOUSAND DOLLARS ($14,870,000) OF REFUNDING BONDS, SERIES 2012, OF THE CITY OF RUSTON, STATE OF LOUISIANA; PRESCRIBING THE FORM, TERMS AND CONDITIONS OF SAID BONDS; DESIGNATING THE DATE, DENOMINATION AND PLACE OF PAYMENT OF SAID BONDS; PROVIDING FOR THE PAYMENT THEREOF IN PRINCIPAL AND INTEREST; AUTHORIZING THE AGREEMENT WITH THE PAYING AGENT; AND PROVIDING FOR THE ACCEPTANCE OF AN OFFER FOR THE PURCHASE OF SAID BONDS; AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH.
Emmett Gibbs introduced Allan J. Offner, attorney for the Foley Judell Law Firm, New Orleans, Louisiana, who represents the City in connection with refinancing outstanding Utilities Revenue Bonds, Series 2005, and obtaining debt service savings through the prepayment of the refunded bonds and pledging a new source of revenue for the payment which will be issued to prepay the Refunded Bond. Mr. Offner explained that the City will issue $14,870,000 in bonds to refinance existing debt and reduce the interest rate to a net average of 2.74 percent with Capital One Bank and the savings over the 14 year life of the bond issue will be about 1.661 million dollars. Offner explained that the ordinance that was introduced was required to be amended because the low bid of Chase Bank contained default requirements that, in the best interest of the City, could not be accepted. Therefore, the next low bid of Capital One Bank was accepted. Motion was made by Alderman Jim Pearce, seconded by Alderman Jedd Lewis, to amend the ordinance as explained by Mr. Offner and outlined in the annotated version placed in the packets. There were no comments from the audience. The motion passed by unanimous vote.
A(1). PUBLIC HEARING REGARDING ORDINANCE PROVIDING FOR THE INCURRING OF DEBT AND ISSUANCE OF REFUNDING BONDS.
Mayor Hollingsworth called for a public hearing at 5:45 p.m. Having no one from the audience to comment, the Mayor closed the public hearing at 5:45 p.m., and called for final consideration by the Aldermen. Alderman Jim Pearce made a motion, seconded by Alderman Jedd Lewis, to adopt the ordinance, as amended. The title of the ordinance was read, a roll call vote was taken and the following result was had:
YEA: ALDERWOMAN GLENDA HOWARD
ALDERMAN JEDD LEWIS
ALDERMAN ELMORE MAYFIELD
ALDERMAN JIM PEARCE
ALDERWOMAN MARIE RIGGS
NAY: NONE
ABSENT: NONE
The motion passed by unanimous vote. (ORDINANCE NO 1627 OF 2011)
B. CONSIDER RESOLUTION NO. __ OF 2012, ESTABLISHING THE CITY OF RUSTON, LOUISIANA DEFERRED COMPENSATION PLAN COMMITTEE.
In the absence of Ed Pittman, Assistant City Administrator, Bill Carter, City Attorney, explained that the City desires to establish a committee to oversee the operation of the Deferred Compensation Plan and select, evaluate and monitor the selection and performance of investment alternatives provided to participants under that plan. He said the Mayor will appoint members of a committee to be comprised of five full-time employees of the City, one of which is the City's Director of Finance. After a brief discussion, motion was made by Alderman Jedd Lewis and seconded by Alderwoman Glenda Howard to adopt the resolution. The Mayor asked for comments from the audience and there were none. The motion passed by unanimous vote. (RESOLUTION NO. 796 OF 2012)
C. CONSIDER RESOLUTION NO. __ OF 2012, AUTHORIZING CITY TO ENTER INTO AGREEMENT FOR DEFERRED COMPENSATION PLAN CONSULTING SERVICES AND TO ESTABLISH A PROCESS FOR REVIEWING INVESTMENTS UNDER THE PLAN.
Bill Carter, City Attorney, explained that the City desires to enter into a consulting services agreement with Gallagher Retirement Services to assist the Deferred Compensation Plan Committee in fulfilling its responsibilities. Mr. Carter stated that the cost will not exceed $12,000 and will be paid from the plan. After a brief discussion, motion was made by Alderman Jedd Lewis and seconded by Alderman Elmore Mayfield to adopt the resolution authorizing the consulting agreement with Gallagher Retirement Services to assist the new committee in fulfilling responsibilities and making recommendations back to the Council along with assisting in the investment options of the plan. The Mayor asked for comments from the audience and there were none. The motion passed by unanimous vote. (RESOLUTION NO. 797 OF 2012)
III. PLANNING AND ZONING:
A. CONSIDER FOR ACTION CASE NO. 1107-APPLICATION FOR CONDITIONAL USE PERMIT.
Case No. 1113: Application for Conditional Use Permit
Applicant: Brandon Crume and RE/MAX Results Realty
Location: 201 North Trenton Street
Jim Hays stated that the Zoning Commission had reviewed the case in a public hearing on June 18, 2012, whereby applicant, Brandon Crume, wanted to put a Re/Max real estate office in the old Frothy Monkey building on the corner of Trenton Street and Mississippi Avenue in the heart of the Historic Downtown District and the center of the Core District (future land use) adopted by the Ruston 21 Comprehensive Plan. Hays stated that factors in the Commissioners' consideration included the size of the sign which is nearly twice the size allowed by the draft zoning code and is nearly double the size of all of the other 8 projection signs recently installed downtown. He further stated that applicant has asked for an exception to the rules. Pat Doane, City Staff, was present to discuss the matter and answer questions from the Council. She stated that City Staff and the Zoning Commission both recommend approval of the application for Conditional Use Permit but the only issue remaining is the size of the projection sign applicant had requested. There was a discussion by the Council about the size of signs allowed in downtown Ruston. Pat Doane said that nationwide, 12 square foot signs are acceptable, but City staff had told Crume that a 16 square foot sign would be allowed under the draft zoning code, which was one of the conditions approved by the Zoning Commission.
A.(1) PUBLIC HEARING REGARDING APPLICATION FOR CONDITIONAL USE PERMIT.
Mayor Hollingsworth called for a public hearing at 6:10 p.m. The following came forward to comment: Chris Bowman, attorney from Jonesboro representing Brandon Crume, submitted that based on certain sections of the City's sign ordinance that the 30.33 sq. ft. sign should be approved; Neil Erwin, the City's land use attorney, explained that under the latest City Code provisions and the Ruston 21 Comprehensive Plan pertaining to the size of signs and, in his opinion, the precedent-setting nature of all 8 projection signs recently installed downtown being 16 sq. feet or less, that the Conditional Use limitation of 16 sq. ft. should be upheld; Brandon Crume, applicant and owner of Re-Max Results Realty, showed the Council several sized signs and requested the Council approve the larger sized sign; Kevin Crume, 1110 Sweetbriar, Ruston, Brandon Crume's father, spoke in behalf of his son's request and commented on Ruston 21 Master Plan; David Meyer, 409 James Street said hard and fast rules are needed to keep Ruston beautiful and not allow randomness to prevail but that exceptions can and should be made; Greg McCarter 2966 Hwy 821, asked the Council to approve the applicant's request for a larger sign; Patricia Willis, downtown business owner and resident of 2781 Hwy. 821, said she is not against the larger sign. Having no one else from the audience to comment, the Mayor closed the public hearing at 6:34 p.m., and called for final consideration by the Aldermen. At the request of Alderman Mayfield, there was a temporary recess in proceedings at 6:40 p.m. and business resumed at 6:42 p.m. Alderman Mayfield asked each Councilman to summarize how they feel about the matter: Alderwoman Glenda Howard said that she felt that the Ruston 21 Plan should be upheld; Alderman Jedd Lewis said the City should work out something in between - more signs is not necessarily better; Alderman Jim Pearce stated that he is for approval of the conditional use permit, but stay with smaller signs; Alderwoman Marie Riggs said she agrees that the Ruston 21 Plan should be upheld and stay with smaller signs; Alderman Elmore Mayfield stated that the Ruston 21 Plan should be followed. After Alderman discussion of how to phrase their motion, Pat Doane was recognized for clarification. Ms. Doane read the Zoning Commission's recommendations and explained that should their intent be to uphold those recommendations, they could phrase their motion that way. A motion was made by Alderman Elmore Mayfield and seconded by Alderman Jedd Lewis to approve the request for Conditional Use Permit by applicant and uphold the recommendations of the Zoning Commission which recommended approval of the Conditional Use Permit by the Board of Aldermen subject to the following conditions:
1) A 1-year deadline from issuance of the conditional use permit for project completion;
2) Signage in compliance with the Ruston 21 Comprehensive Plan and the draft Zoning Code (16 square feet maximum for the corner mounted projection sign);
3) The development must be substantially in conformance with the approved site plans submitted as part of the Conditional Use Permit. The motion passed by unanimous vote. B. CONSIDER FOR ACTION CASE NO. 1115 - APPLICATION FOR TEMPORARY MOBILE HOME PERMIT.
Case No. 1115: Application for Temporary Mobile Home Permit
Applicant: Catherine Bradford
Location: 1544 Mayberry Street
Jim Hays stated that Catherine Bradford (applicant) had applied for renewal of a temporary mobile home permit for property located at 1544 Mayberry and located on property owned by Mae Ruth McMurry, deceased aunt of Ms. Bradford. He said City departments are reviewing the site plan to insure compliance with all City ordinances. Hays said the Zoning Commission conducted a public hearing on June 18, 2012, and voted unanimously to recommend approval of the temporary mobile home permit for the allowed period of one (1) year. He further stated that the Commission had requested City Staff to look into a process that would allow the mobile home to remain on the property for an extended period of time subject only to further review by staff.
B.(1) PUBLIC HEARING REGARDING APPLICATION FOR TEMPORARY MOBILE HOME PERMIT.
Mayor Hollingsworth called for a public hearing at 6:52 p.m. Catherine Bradford was present to answer questions from the Council. Having no one else from the audience to comment, the Mayor closed the public hearing at 6:53 p.m., and called for final consideration by the Aldermen. After discussion, a motion was made by Alderwoman Glenda Howard and seconded by Alderman Elmore Mayfield to approve the temporary mobile home permit. The motion passed by unanimous vote
IV. CODE ENFORCEMENT:
A. REQUEST PERMISSION TO START THE PROPERTY CONDEMNATION PROCESS AS REQUIRED BY ORDINANCE FOR THE BUILDING(S) OR STRUCTURE(S) LOCATED AT THE FOLLOWING ADDRESSES:
Address
Owner
205 Cotton
John Streets
1400 East Mississippi Federal National Mortgage Association
211 Pinecrest Anne Y. Colvin
701 Frazier Donovan & Phyllis Labbe
2308 W. Barnett Springs G5LLC
710 Arlington Clyde L. Oliver
Bill Sanderson recommended that the listed properties be demolished, removed or improved to meet current Building Code and also requested permission to start the property condemnation process. Sanderson stated that all property owners have been notified. A motion was made by Alderman Elmore Mayfield and seconded by Alderman Jedd Lewis to approve Sanderson's recommendations. The Mayor asked for comments from the audience and there were none. The motion passed by unanimous vote.
B. TAKE APPROPRIATE ACTION ON THE ABATEMENT OF THE SUBSTANDARD BUILDINGS(S) OR STRUCTURE(S) LOCATED AT 201 SNOWDEN.
Bill Sanderson reported that the Council had previously voted to accept a recommendation to demolish, remove or improve the structure(s) at 201 Snowden and to start the property condemnation process. He reported that the adjudicated property is owned by Lincoln Parish Police Jury and they have been notified of the hearing. Sanderson recommended that the Council set a deadline of thirty (30) days for owner to repair, demolish or remove the structures and if the owner fails or refuses to comply with the order within the time frame allowed, then the City may proceed with the cleanup with all costs billed to the owner.
B.(1) PUBLIC HEARING REGARDING ABATEMENT OF THE BUILDING(S) OR STRUCTURE(S) LOCATED AT 201 SNOWDEN.
Mayor Hollingsworth called for a public hearing at 6:56 p.m. Having no one from the audience to comment, the Mayor closed the public hearing at 6:56 p.m., and called for final consideration by the Aldermen. After discussion, a motion was made by Alderman Elmore Mayfield and seconded by Alderwoman Glenda Howard to approve Sanderson's recommendations and proceed with the appropriate action. The motion passed by unanimous vote.
C. TAKE APPROPRIATE ACTION ON THE ABATEMENT OF THE SUBSTANDARD BUILDINGS(S) OR STRUCTURE(S) LOCATED AT 809 GILMAN.
Bill Sanderson reported that the Council had previously voted to accept a recommendation to demolish, remove or improve the structure(s) at 809 Gilman and to start the property condemnation process. He reported that the property owner Bobby Richardson and a Mr. Wilson have been notified of the hearing and that owners have requested that the matter be re-heard by the Council. Sanderson recommended that the Council set a deadline of ninety (90) days for owners to repair, demolish or remove the structures and if the owners fail or refuse to comply with the order within the time frame allowed, then the City may proceed with the cleanup with all costs billed to the owners.
C.(1) PUBLIC HEARING REGARDING ABATEMENT OF THE BUILDING(S) OR STRUCTURE(S) LOCATED AT 809 GILMAN.
Mayor Hollingsworth called for a public hearing at 6:58 p.m. Bobby Richardson, property owner, was present to answer Council's questions. Having no one else from the audience to comment, the Mayor closed the public hearing at 6:59 p.m., and called for final consideration by the Aldermen. Alderman Mayfield asked Bill Sanderson to update him on progress being made every thirty days. After discussion, a motion was made by Alderwoman Glenda Howard and seconded by Alderman Jedd Lewis to approve Sanderson's recommendations and proceed with the appropriate action. The motion passed by unanimous vote.
V. FINANCE:
A. APPROVE THE FOLLOWING BUDGET AMENDMENTS FOR BUDGET YEAR OCTOBER 1, 2011, THROUGH SEPTEMBER 30, 2012:
1. From: General Fund:
RPD Miscellaneous (17,314)
To: General Fund - Police Dept.:
Equip To Be Acct. For 130116 5286 16,014
Supplies 130116 5280 800
Travel and Training 130116 5260 500
2. From: General Fund:
Fire Grant 13 4325 (15,004)
To: General Fund - Fire Dept.:
Equip. To Be Acct. For 130117 5286 15,004
Emmett Gibbs was present to explain the budget amendments. A motion was made by Alderman Elmore Mayfield and seconded by Alderman Jedd Lewis to approve the listed budget amendments. The Mayor asked for comments from the audience and there were none. The motion passed by unanimous vote.
VI. ADJOURN MEETING:
There being no further business, the meeting of the Mayor and Board of Aldermen was adjourned at 7:01 p.m.
August 6, 2012
APPROVED
ATTEST:
EMMETT GIBBS, CLERK
DAN HOLLI NGSWORTH, MAYOR
1td: August 10, 2012

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