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MINUTES OF A REGULAR MEETING OF THE MAYOR

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MINUTES OF A REGULAR MEETING OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF RUSTON HELD ON MONDAY, OCTOBER 1, 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, October 1, 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 Jim Pearce delivered the invocation.
I. AGENDA AND MINUTES:
A. ADOPT AGENDA.
Motion was made by Alderman Jim Pearce and seconded by Alderwoman Glenda Howard to adopt the agenda. There were no comments from the audience and the motion passed by unanimous vote of those present.
B. APPROVE MINUTES SEPTEMBER 10, 2012, REGULAR MEETING.
Alderman Jim Pearce made a motion, seconded by Alderman Elmore Mayfield, to approve the Minutes of the September 10, 2012, Regular Council meeting. Mayor Hollingsworth asked for comments from the audience and there were none. The motion passed by unanimous vote of those present.
II. ADMINISTRATION:
A. CONSIDER RESOLUTION NO. ____ OF 2012, AUTHORIZING CITY TO EXECUTE QUITCLAIM DEED.
Bill Carter reported that subject property owned by Mary Bradshaw was adjudicated to Lincoln Parish for unpaid taxes in 1991, conveyed by Lincoln Parish Police Jury by deed to Lincoln Health System, Inc., in October 2010, and conveyed by Lincoln Health System, Inc., to Ruston Louisiana Hospital Company, LLC, by deed dated November 2010. He further stated that the property had been adjudicated to the City in 1988 for unpaid taxes but later redeemed by Bradshaw and for that reason, Ruston Hospital Company had requested that the City execute a Quitclaim Deed quitclaiming any interest the City may have in the property to Ruston Hospital Company and as inducement for the City to execute the quitclaim deed, Ruston Hospital Company has agreed to grant and convey to the City a temporary access servitude across property of Ruston Hospital Company for use in connection with the Martin Luther King Drive Extension Project. He said the City has no record ownership interest in the property and it is in the best interest of the City to execute the quitclaim deed. Motion was made by Alderman Elmore Mayfield and seconded by Alderman Jedd Lewis to adopt the resolution authorizing the quitclaim deed. The Mayor asked for comments from the audience and there were none. The motion passed by unanimous vote. (RESOLUTION NO. 809 OF 2012)
B. CONSIDER RESOLUTION NO. ____ OF 2012, AUTHORIZING THE SERVICES PROVIDER FOR THE CITY OF RUSTON DEFERRED COMPENSATION PLAN BE CHANGED FROM NATIONWIDE RETIREMENT SOLUTIONS, INC. TO PRINCIPAL FINIANCIAL GROUP AND THE PLAN BE RESTATED AND TITLED CITY OF RUSTON, LOUISIANA 457(B) DEFERRED COMPENSATION PLAN
Ed Pittman said the Committee appointed to study the City of Ruston's Deferred Compensation Plan has recommended that the services provider for the Plan be changed from Nationwide to Principal Financial Group. After discussion, a motion was made by Alderman Elmore Mayfield and seconded by Alderwoman Glenda Howard to adopt the resolution authorizing that Principal Financial Group be named the new services provider for the City of Ruston, Louisiana 457(B) Deferred Compensation Plan. The Mayor asked for comments from the audience and there were none. The motion passed by unanimous vote. (RESOLUTION NO. 810 OF 2012)
C. CONSIDER RESOLUTION NO. ____ OF 2012, AUTHORIZING CITY TO SUBMIT A REQUEST FOR FUNDING ASSISTANCE TO THE STATE OF LOUISIANA FOR DEVELOPMENT, DESIGN AND CONSTRUCTION OF VARIOUS IMPROVEMENTS PROJECTS THROUGHOUT THE CITY OF RUSTON.
Ed Pittman said the resolution authorizes the City to submit a request for funding assistance to the State /Division of Administration, Facility Planning & Control, Capital Outlay Section for development, design and construction of various improvement projects throughout the City. He named as priority projects the Tarbutton Interchange, Martin Luther King Drive, Roundabouts, and additional T-Hangars at the Regional Airport. Motion was made by Alderman Jedd Lewis and seconded by Alderman Jim Pearce to adopt the resolution. The Mayor asked for comments from the audience and there were none. The motion passed by unanimous vote. (RESOLUTION NO. 811 OF 2012)
D. CONSIDER RESOLUTION NO. ____ OF 2012, IN SUPPORT OF EFFORTS BY THE UNION LINCOLN REGIONAL WATER SUPPLY INITIATIVE TO SUBMIT A REQUEST FOR FUNDING TO THE STATE OF LOUISIANA.
Mayor Hollingsworth reported that the Union Lincoln Regional Water Supply Initiative, formed by the City of Ruston, Lincoln Parish Police Jury, Union Parish Police Jury and Town of Farmerville, desires to submit a request for funding through the State Division of Administration, Facility Planning & Control, Capital Outlay Section, and this resolution shows the City's support of their efforts. Motion was made by Alderman Jim Pearce and seconded by Alderwoman Glenda Howard to adopt the resolution in support of the funding request. The Mayor asked for comments from the audience and there were none. The motion passed by unanimous vote. (RESOLUTION NO. 812 OF 2012)
III. AIRPORT:
A. CONSIDER RESOLUTION NO. ____ OF 2012, AUTHORIZING CITY TO SUBMIT AN APPLICATION FOR FUNDING ASSISTANCE TO THE STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, DIVISION OF AVIATION, FOR IMPROVEMENTS TO THE RUSTON REGIONAL AIRPORT.
Richard Aillet said the resolution would authorize the City to submit an application for funding assistance to the State Department of Transportation and Development, Division of Aviation, for improvements to the Ruston Regional Airport. A motion was made by Alderman Jedd Lewis and seconded by Alderman Elmore Mayfield to adopt the resolution. The Mayor asked for comments from the audience and there were none. The motion passed by unanimous vote. (RESOLUTION NO. 813 OF 2012)
B. CONSIDER RESOLUTION NO. ____ OF 2012, AUTHORIZING CITY TO ENTER INTO AN AGREEMENT WITH THE LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT FOR IMPROVEMENTS AT THE RUSTON REGIONAL AIRPORT.
Richard Aillet said the resolution would authorize the City to enter into an agreement with the Louisiana Department of Transportation and Development for improvements to the Ruston Regional Airport and the funds will be used to rehabilitate and expand the Apron, Phase I. Motion was made by Alderman Jedd Lewis and seconded by Alderman Jim Pearce to adopt the resolution. The Mayor asked for comments from the audience and there were none. The motion passed by unanimous vote. (RESOLUTION NO. 814 OF 2012)
IV. PLANNING AND ZONING:
A. CONSIDER FOR ACTION CASE NO. 1128 - APPLICATION FOR CONDITIONAL USE PERMIT.
Case No. 1128: Application for Conditional Use Permit
Applicant: New Living Word Church, Inc.
Location: 1900 West Barnett Springs Avenue
Jim Hays reported that the applicant has submitted an application to operate a kindergarten through 12th grade private school on their property at 1900 West Barnett Springs Avenue. He stated that their application proposes to have 290 students in 19 temporary classrooms located in existing buildings while they are constructing a new two-story 12,000 square foot building on the northern portion of the property to permanently house the students. Hays said the property is zoned R-2, two family residential and public and private schools are a conditional use in this zone if the buildings are located a minimum of 50 feet from any adjoining residential zoning. He said the Zoning Commission had reviewed elements of the application in a public hearing on September 17, 2012, and voted unanimously to recommend approval by the Board of Aldermen subject to the following conditions:
1) Permit and construction shall be subject to the suspensive conditions of meeting City Department Head approval and City Code requirements;
2) A one year deadline from issuance of the conditional use permit for project completion;
3) A minimum fence of 6 feet to cover the back rear property line and sufficient safety fencing surrounding any detention or retention pond on the property;
4) At least four (4) trees to be planted on the property in appropriate areas; and,
5) The development must be substantially in conformance with the approved site plans submitted as part of the conditional use permit. Alderwoman Marie Riggs stated that she was concerned for the safety of the children since there would only be a fence on the back side of the property and none around the perimeter. She asked what would keep the children from wandering off the school property? Alderman Elmore Mayfield voiced his concern for the narrow and potentially unsafe roadway and the need for a traffic study. Alderman Jedd Lewis asked if the State could be asked to do a traffic study? Alderwoman Glenda Howard said she felt that all regulations would be followed and there wouldn't be a problem. Richard Aillet said he had talked to the State Department of Transportation and Development who would contact property owners. Alderwoman Marie Riggs made a motion that the conditional use permit be approved with the addition of fencing around the property. No action was taken on the motion at the time.
A.(1) PUBLIC HEARING REGARDING APPLICATION FOR CONDITIONAL USE PERMIT.
Mayor Hollingsworth called for a public hearing at 5:57 p.m. The following came forward to comment: Reverend Jerry Baldwin, Pastor of New Living Word Church, asked for a variance on the fence saying it would be costly and the monies could be better spent for needs of students. Senator Rick Gallot spoke as a member of the Church, State Senator and attorney, saying that a traffic study by the State would probably take a long time. He asked the Council to approve the application for conditional use permit. Billy Thompson, 1717 West Barnett Springs Road, a close neighbor of the school, spoke in opposition to the conditional use permit saying the narrow and busy roadway would be made more hazardous with additional buses and other vehicles. He also said he was afraid they would build a football field. Kia Richardson, a member of Church, board member and attorney, said that the vast majority of students would be bused in to the school each day and no child would be allowed to walk to and from school. She said the school would be heavily staffed with constant supervision of the children. Richardson said the school had no plans to build a football field. John Hays, 2001 Beech, said that people disobey the 25 mph and 35 mph speed limits along Barnett Springs in the vicinity of the Church making the narrow road unsafe. He mentioned a recruitment flier for the school which he has in his files that mentions a football team. Having no one else to comment, the Mayor closed the public hearing at 6:15 p.m., and called for final consideration by the Aldermen. The Mayor called for a second to Alderwoman Riggs' motion. The motion died for lack of a second. A motion was made by Alderwoman Glenda Howard and seconded by Alderman Elmore Mayfield to approve the application for conditional use permit pursuant to recommendations presented by the Zoning Commission. The motion passed with four (4) votes in favor of and one (1) against being Alderwoman Riggs.
B. INTRODUCE ORDINANCE NO. ____ OF 2012, ANNEXING APPROXIMATELY 6.8 ACRES OF LAND INTO THE CORPORATE LIMITS OF THE CITY OF RUSTON, LOUISIANA.
The ordinance was introduced by Alderman Elmore Mayfield.
C. INTRODUCE ORDINANCE NO. ____ OF 2012, AMENDING AND RE-ENACTING CHAPTER 29, ZONING, OF THE RUSTON CODE OF ORDINANCES, INCLUDING INTEGRATION OF REVISIONS TO CHAPTER 22, SIGNS, OF THE CODE OF ORDINANCES OF THE CITY OF RUSTON, LOUISIANA.
The ordinance was introduced by Alderman Jim Pearce.
V. 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
815 Cooktown John Robert Fowler, Jr., and Mary Ruth Fowler
219 Cotton
Shirley Hall White, Esther Hall Mumford. Debra Hall Hamilton
1003 S. Maple Pierre Lamont Perry
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 read a list of properties and 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 709 _ JENKINS.
Bill Sanderson reported that the Council had previously voted to accept a recommendation to demolish, remove or improve the structure(s) at 709 _ Jenkins and to start the property condemnation process. He reported that the property is owned by Ike Davis and since they have been unable to determine and/or locate the owner or heirs to the property, Attorney Forrest Moegle had been appointed to represent the absentee owner in the public hearing. Sanderson read a letter from Mr. Moegle dated September 28, 2012, which stated that he had published a notice in the Ruston Leader concerning the property and had received no response. Sanderson, therefore, 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 709 _ JENKINS.
Mayor Hollingsworth called for a public hearing at 6:23 p.m. Having no one from the audience to comment, the Mayor closed the public hearing at 6:23 p.m., and called for final consideration by the Aldermen. 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.
C. TAKE APPROPRIATE ACTION ON THE ABATEMENT OF THE SUBSTANDARD BUILDINGS(S) OR STRUCTURE(S) LOCATED AT 109/116 SNOWDEN.
Bill Sanderson reported that the Council had previously voted to accept a recommendation to demolish, remove or improve the structure(s) at 109/116 Snowden and to start the property condemnation process. He reported that the property is owned by Yonilda Thompson, Kewanda Marie Thompson and Genell Collier and since they have been unable to determine and/or contact all owners or heirs to the property, Attorney Forrest Moegle had been appointed to represent the absentee owners in the public hearing. Sanderson read a letter from Mr. Moegle dated September 28, 2012, which stated that he had published a notice in the Ruston Leader concerning the property and had received no response. Sanderson, therefore, recommended that the Council set a deadline of thirty (30) 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 109/116 SNOWDEN.
Mayor Hollingsworth called for a public hearing at 6:25 p.m. Having no one from the audience to comment, the Mayor closed the public hearing at 6:25 p.m., and called for final consideration by the Aldermen. After discussion, a motion was made by Alderman Elmore Mayfield and seconded by Alderman Jedd Lewis to approve Sanderson's recommendations and proceed with the appropriate action. The motion passed by unanimous vote.
D. TAKE APPROPRIATE ACTION ON THE ABATEMENT OF THE SUBSTANDARD BUILDINGS(S) OR STRUCTURE(S) LOCATED AT 1609 BRANSCOME.
Bill Sanderson reported that the Council had previously voted to accept a recommendation to demolish, remove or improve the structure(s) at 1609 Branscome and to start the property condemnation process. He reported that the property is owned by Christella Roberts, Louis James Roberts, Donnie Ray Roberts, Milton Edward Roberts, Jesse Albert Roberts and Martha Neil Roberts Jenkins and since they have been unable to determine and/or contact all owners or heirs to the property, Attorney Forrest Moegle had been appointed to represent the absentee owners in the public hearing. Sanderson read a letter from Mr. Moegle dated September 28, 2012, which stated that he had published a notice in the Ruston Leader concerning the property, had a response from Martha Jenkins, one of the property owners, and had informed her of the public hearing date. Sanderson, therefore, recommended that the Council set a deadline of thirty (30) 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.
D.(1) PUBLIC HEARING REGARDING ABATEMENT OF THE BUILDING(S) OR STRUCTURE(S) LOCATED AT 1609 BRANSCOME.
Mayor Hollingsworth called for a public hearing at 6:29 p.m. Having no one from the audience to comment, the Mayor closed the public hearing at 6:29 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 Sanderson's recommendations and proceed with the appropriate action. The motion passed by unanimous vote.
VI. FINANCE:
A. APPROVE THE FOLLOWING BUDGET AMENDMENTS FOR BUDGET YEAR OCTOBER 1, 2011, THROUGH SEPTEMBER 30, 2012:
1. From: Purchasing/ Warehouse Fund: (2,000)
Heating 6210 5420
To: Purchasing/Warehouse Fund: Supplies 6210 5280 1,000
Equip. to Acctd. For 6210 5286 1,000
2. Revenue: Airport Fund: Federal Funds 54 4300 327,085
Funds from State 54 4302 17,215
Expense: Airport Fund:
Capital 5410 5810 344,300
3. From: Electric System Fund - Fund Balance (650,000)
To: Electric System Fund: Energy 5017 5221 650,000
4. From: Water System Fund - Fund Balance (25,500)
To: Water System Fund - Admin. Dept.: Regular Salaries 5210 5110 25,000
FICA Tax 5210 5129 500
5. Revenues: General Fund - Revenues:
Miscellaneous 11 4820 1,160,000
Expenses: General Fund - Repair Shop:
Maint. of Bldg. & Grnds. 140124 5300 1,070,000
Maint. of Equip. 140124 5305 1,000
Supplies 140124 5280 16,000
Small Tools & Equip 140124 5282 17,000
Equip. to be Acctd. For 140124 5286 45,000
Capital 140124 5810 31,000
6. From: General Fund - Fund Balance (4,250)
To: General Fund - Repair Shop: Gas, Oil, & Diesel 140124 5530 4,000
Travel & Training 140124 5160 250
Emmett Gibbs was present to discuss each budget amendment. Alderman Mayfield asked a question concerning Budget Amendment No. 5, inquiring if the City had any out-of-pocket expenses connected to the fire at the Public Works Shop. Ed Pittman stated there was a $50,000 insurance deductible. A motion was made by Alderman Jedd Lewis and seconded by Alderman Jim Pearce to approve the listed budget amendments. The Mayor asked for comments from the audience and there were none. The motion passed by unanimous vote.
VII. ADJOURN MEETING:
There being no further business, the meeting of the Mayor and Board of Aldermen was adjourned at 6:31 p.m.
November 5, 2012
APPROVED
ATTEST:
EMMETT GIBBS, CLERK
DAN HOLLI NGSWORTH, MAYOR
1td: November 9, 2012

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