City Council

PROCEEDINGS OF THE CITY COUNCIL OF BOSSIER CITY STATE OF LOUISIANA TAKEN AT THE REGULAR MEETING AUGUST 2, 2016 The City Council of the City of Bossier City, State of Louisiana, met in regular session in Council Chambers, 620 Benton Road, Bossier City, Louisiana, August 2, 2016, at 3:00 PM Invocation was given by Council Member Scott Irwin Pledge of Allegiance led by Council Member Don Williams Roll Call as follows: Present: Honorable Councilor Jeffery Darby Vice President, Honorable Councilors, Scott Irwin, Don Williams, Jeff Free and Thomas Harvey Absent was Honorable Councilors David Montgomery, Jr., President and Timothy Larkin Also Present: Mayor Lorenz Walker, City Attorney Jimmy Hall and City Clerk Phyllis McGraw By: Mr. Irwin Motion to approve the minutes of the July 19, 2016, Regular Council Meeting and dispense with the reading. Seconded by Mr. Harvey No comment Vote in favor of motion is unanimous By: Mr. Irwin Motion to amend the agenda to add #18 under New Business: Adopt Resolution to authorize the use of City Water Service for a proposed commercial development to be located at 5314 Airline Drive which is outside of the Bossier City limits. Seconded by Mr. Free No comment Vote in favor of motion is unanimous By: Mr. Williams Motion to approve Agenda as amended. Seconded by Mr. Irwin No Comment Vote in favor or motion is unanimous Unfinished Business: The following ordinance, having been introduced at a duly convened meeting on A u g u s t 2 , 2016, and notice of its introduction having been published, as required by Section 3.14 of the City Charter, was offered for final adoption by Mr. Don Williams and seconded by Mr. Jeffery Darby : ORDINANCE NO. 74 OF 2016 AN ORDINANCE AUTHORIZING AND DESIGNATING SISUNG INVESTMENT MANAGEMENT SERVICES, L.L.C. AS THE SOLE INVESTMENT MANAGER TO THE CITY OF BOSSIER CITY, STATE OF LOUISIANA AND ITS RELATED ENTITIES; AND PROVIDING FOR OTHER MATTERS IN CONNCECTION THEREWITH.  WHEREAS, at a public meeting of the City Council of the City of Bossier City, State of Louisiana (“City”) held on August 2, 2016, Ordinance No. 74 of 2016, was called up for public hearing at which time all those present and desiring to be heard on the ordinance were given the opportunity to do so, and, with no comments having been presented, it is the desire of the City Council of the Issuer to proceed with adoption of the ordinance; and WHEREAS, Sisung Investment Management Services, L.L.C. (“SIMS”) currently acts as investment manager for certain funds of the City: WHEREAS, the City desires SIMS to provide investment management services for all City held funds: NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Bossier City, State of Louisiana, acting as the governing authority of said City, that: SECTION 1. SIMS shall serve as the sole investment manager for the City. SECTION 2. The City Council authorizes and directs the Mayor or in his absence the Finance Director, to transfer any funds and/or investments held on behalf of the City and its related entities to the necessary accounts, other than funds held in checking accounts used for daily operations, for SIMS to invest pursuant to the City’s investment policy or other related investment guidelines. SECTION 3. The City Council further authorizes and directs the Mayor or in his absence the Finance Director to enter into and execute any and all necessary agreements and documentation to effectuate this Ordinance. The above and foregoing Ordinance was read in full at open and legal session convened, was on motion of Mr. Don Williams and seconded by Mr. Jeffery Darby, was adopted on the 2nd day of August, 2016, by the following vote: AYES: Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: Mr. Montgomery, Jr. and Mr. Larkin ABSTAIN: none And the Ordinance was declared adopted on this, the 2nd day of August, 2016. PHYLLIS McGRAW JEFFERY D. DARBY Clerk of the Council Vice President of the Council (Other business not pertinent to the present excerpt may be found of record in the official minute book) Upon motion duly made and unanimously carried, the meeting was adjourned. JEFFERY D. DARBY, Vice President PHYLLIS McGRAW Clerk of the Council STATE OF LOUISIANA PARISH OF BOSSIER I, the undersigned City Clerk of the City of Bossier City, State of Louisiana, do hereby certify that the foregoing pages constitute a true and correct copy of an ordinance adopted by the City Council of said City on August 2, 2016, authorizing and designating Sisung Investment Management Services, L.L.C. as the sole investment manager to the City of Bossier City, State of Louisiana and its related entities; and providing for other matters in connection therewith. IN FAITH WHEREOF, witness my official signature and the impress of the official seal of said City at Bossier City, Louisiana, on this, the 2nd day of August, 2016. PHYLLIS McGRAW City Clerk [S E A L] The following Ordinance offered and adopted: Ordinance No. 75 Of 2016 AN ORDINANCE AUTHORIZING MAYOR LORENZ WALKER TO ENTER INTO THE ATTACHED LOCAL SERVICES AGREEMENT WITH THE PARISH OF BOSSIER AND TO EXECUTE ANY DOCUMENTS IN FURTHERANCE THEREOF. WHEREAS, the City of Bossier City and the Parish of Bossier mutually benefit from the development of infrastructure which enhances existing businesses and encourages the development of new business entities in both the City of Bossier City and the Parish of Bossier; and WHEREAS, the City of Bossier City and the Parish of Bossier have engaged in joint endeavors regarding the development of industrial parks, juvenile detention facilities, jail operations, research parks, street, highway or road projects, water and sewer system improvement projects, zoning master plans and a uniform development code, which benefit the citizens of Bossier Parish and the City of Bossier; and  WHEREAS, a local services agreement between the City of Bossier City and the Parish of Bossier will facilitate intergovernmental functions to provide greater economy and efficiency in the operation of local services; and WHEREAS, the citizens of the Parish of Bossier and the City of Bossier will benefit by the development created by improving traffic across the parish including the City by improving streets and roads. NOW, THEREFORE, BE IT ORDAINED, that Mayor Lorenz Walker is hereby authorized to execute the local services agreement with Bossier Parish, and to execute any documents in furtherance thereof. BE IT FUTHER ORDAINED, that the City of Bossier City and Parish of Bossier, in entering into this agreement, authorize their respective attorneys to take whatever action necessary in furtherance of the joint projects set forth herein. If any provision or item of this Agreement or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications and to this end the provisions of this Agreement are hereby declared severable. BE IT FUTHERE ORDAINED, that the City of Bossier City authorizes the City Attorney to take whatever action necessary in furtherance of the joint project set forth herein. The above and foregoing Ordinance was read in full at open and legal session convened, was on motion of Mr. Scott Irwin, and seconded by Mr. Don Williams, and adopted on the 2nd, day of August, 2016, by the following vote: AYES: Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: Mr. Montgomery, Jr. and Mr. Larkin ABSTAIN: none ____________________________ Jeffery D. Darby, Vice President ____________________________ Phyllis McGraw, City Clerk Agenda Item called: Adopt an Ordinance authorizing Mayor Lorenz Walker to execute the attached Cooperative Endeavor Agreement between the City of Bossier City, the Bossier Parish School Board and the Bossier Parish Police Jury. By: Mr. Free Motion to adopt. Seconded by Mr. Williams No comment Vote as follows: Yeas: Mr. Irwin, Mr. Free and Mr. Harvey Nays: Mr. Darby and Mr. Williams Absent: Mr. Montgomery, Jr. and Mr. Larkin Abstain: none Motion fails The following Ordinance offered and adopted: Ordinance No. 77 Of 2016 AN ORDINANCE APPROPRIATING $50,000.00 FROM THE EMS CAPITAL AND CONTINGENCY FUND FOR THE PURCHASE OF BALLISTIC VESTS AND HELMETS FOR FIRE LINE EMPLOYEES. WHEREAS, the fire line employees are exposed when rendering medical aid in dangerous areas and caring for wounded victims and Ballistic Vest and Helmets will provide needed protection; and WHEREAS due to recent events fire line personnel are in danger and that has an immediate impact on the health, safety and welfare of the entire community; and NOW, THEREFORE, BE IT ORDAINED by the City Council of Bossier City, Louisiana, in regular session convened, that an emergency exists affecting the health, safety and welfare of the community. BE IT FURTHER ORDAINED that $50,000.00 is hereby appropriated from the EMS Capital and Contingency Fund for the purchase of Ballistic Vests and Helmets for fire line employees. The above and foregoing Ordinance was read in full at open and legal session convened, was on motion of Mr. Don Williams, and seconded by Mr. Thomas Harvey, and adopted on the 2nd, day of August, 2016, by the following vote: AYES: Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: Mr. Montgomery, Jr. and Mr. Larkin ABSTAIN: none ____________________________ Jeffery D. Darby, Vice President ____________________________ Phyllis McGraw, City Clerk New Business: The following Ordinance offered and adopted: ORDINANCE NO. 78 OF 2016 AN ORDINANCE DECLARING THAT AN EMERGENCY DOES EXIST IN THE CITY OF BOSSIER CITY WHICH AFFECTES PROPERTY, PUBLIC HEALTH, AND SAFETY DUE TO A COLLASPED-RUPTURED SEWER MAIN AT BOBBIE ST AND WALLER AVE WHEREAS, an 8” inch sewer main in the 2800 block of Bobbie St. intersecting the 300 block of Waller Ave. has collapsed and created a situation affecting property, public health, and safety. NOW, THEREFORE, BE IT ORDAINED by the City Council of Bossier City, Louisiana, in regular session convened, hereby declares that this situation affected property, health, and safety due to the collapse (rupture)of this sewer main at this critical location. BE IT FURTHER ORDAINED, that funds to repair the sewer main will come from the sewer capital and contingency, in an amount not to exceed $150,000.00 (one hundred-fifty thousand dollars and zero cents), with the furtherance of this Ordinance. The above and foregoing Ordinance was read in full at open and legal session convened, was on motion of Mr. Don Williams, and seconded by Mr. Jeffery Darby, and adopted on the 2nd, day of August, 2016, by the following vote: AYES: Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: Mr. Montgomery, Jr. and Mr. Larkin ABSTAIN: none ____________________________ Jeffery D. Darby, Vice President ____________________________ Phyllis McGraw, City Clerk The following Ordinance offered and adopted: Ordinance No. 79 Of 2016 AN EMERGENCY ORDINANCE APPROPRIATING $325,000.00 FROM THE SALES TAX CAPITAL AND CONTINGENCY FUND. WHEREAS, an armored vehicle will assist in responding to shooting incidents and violent situations without the necessity of exposing Police Officers and vehicles to gun fire; and  WHEREAS, armored vehicle will allow a downed officer or firefighter to be safely rescued without loss of additional lives; and WHEREAS, the lead time to have a vehicle produced is approximately 270 days after it is ordered; and WHEREAS, recent attacks on police officers has created an immediate impact on the health, safety and welfare of the entire community. NOW, THEREFORE, BE IT ORDAINED by the City Council of Bossier City, Louisiana, in regular session convened, that an emergency exists affecting the health, safety and welfare of the community. BE IT FURTHER ORDAINED that $325,000.00 is hereby appropriated from the Sales Tax Capital and Contingency Fund for the purchase of an armored vehicle. The above and foregoing Ordinance was read in full at open and legal session convened, was on motion of Mr. Scott Irwin, and seconded by Mr. Don Williams, and adopted on the 2nd, day of August, 2016, by the following vote: AYES: Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: Mr. Montgomery, Jr. and Mr. Larkin ABSTAIN: none ____________________________ Jeffery D. Darby, Vice President ____________________________ Phyllis McGraw, City Clerk Agenda Item Called: Introduce an Ordinance to correct and amend Ordinance No. 119 of 2015. By: Mr. Williams Motion to continue this item until the November 1, 2016 meeting. Seconded by Mr. Harvey No comment Vote in favor of motion is unanimous By: Mr. Irwin Motion to introduce an Ordinance to appropriate $22,102.00 for the repair of a storm drain due to a previous emergency sewer repair at the corner of Airline Drive and Murphy to come from the Sewer Capital and Contingency Fund. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous By: Mr. Williams Motion to introduce an Ordinance to declare certain movable equipment owned by City of Bossier City as surplus to the City's need and provide for salvage and disposal according to law. Seconded by Mr. Irwin No comment Vote in favor of motion is unanimous By: Mr. Williams Motion to introduce an Ordinance to allow the use of Bossier City Water for the proposed Pinnacle Subdivision and to appropriate $110,000.00 to come from the Water Capital Contingency Fund to be used to pay the difference to the development for what water main size the subdivision requires and what water main size the City requires for future expansion. Seconded by Mr. Free No comment Vote in favor of motion is unanimous Mr. Darby asked that the record show that Mr. Larkin joined the meeting at 3:11 P.M. By: Mr. Williams Motion to introduce an Ordinance to abandon a dedicated street Right of Way lying adjacent to Mary Kay Street with the John E. Love Subdivision. Seconded by Mr. Irwin No comment Vote in favor of motion is unanimous By: Mr. Free Motion to introduce an Ordinance authorizing the exchange of certain properties described in the proposed Act of Exchange with Claudis Food International for the furtherment of the Bossier Downtown Re-Envisioning Project. Seconded by Mr. Harvey No comment Vote in favor of motion is unanimous By: Mr. Irwin Motion to introduce an Ordinance appropriating $35,000.00 to come from the 2014 Sewer Bond Fund and authorizing the Mayor to sign any and all documents necessary to acquire property necessary for the rehabilitation of the Six Fountains Sewer Pump Project. Seconded by Mr. Free No comment Vote in favor of motion is unanimous By: Mr. Free Motion to introduce an Ordinance authorizing the exchange of certain properties described in the proposed Act of Exchange with Cajun Solutions, LLC for the furtherment of the Bossier Downtown Re-Envisioning Project. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous By: Mr. Irwin Motion to introduce an Ordinance approving the acquisition of the property described as 415 Arcadia Street authorizing the Mayor to sign any and all documents necessary to acquire property necessary for property acquisition in the Old Downtown Area of Bossier City for the Bossier Re-Envisioning Project. Seconded by Mr. Free No comment Vote in favor of motion is unanimous By Mr. Williams  Motion to introduce an Ordinance to declare certain movable equipment owned by City of Bossier City as surplus to the City's need and provide for donation to the Municipality of Natchitoches, Louisiana in accordance with Law. Seconded by Mr. Darby No comment Vote in favor of motion is unanimous The following Resolution offered and adopted: RESOLUTION NO. 67 OF 2016 A RESOLUTION AUTHORIZING THE HIRING OF A REPLACEMENT FOR ONE POLICE OFFICER WHO RESIGNED FROM THE DEPARTMENT WHEREAS, Ordinance No. 2 of 2010 implemented a hiring freeze requiring Bossier City Council approval for the hiring of any personnel; WHEREAS, a vacancy now exists in the Police Department, and filling this position will allow operations to continue; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Bossier City, Louisiana, in regular and legal session convened, that the administration is authorized to hire one police officer to replace a resignation from the Department. The above and foregoing Resolution was read in full at open and legal session convened, was on motion of Mr. Thomas Harvey, and second by Mr. Jeff Free, and adopted on the 2nd, day of August, 2016, by the following vote: AYES: Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none ____________________________ Jeffery D. Darby, Vice President ____________________________ Phyllis McGraw, City Clerk The following Resolution offered and adopted: RESOLUTION NO. 68 OF 2016 A RESOLUTION TO FILL ONE VACANCY IN THE PUBLIC WORKS DEPARTMENT WHEREAS, Ordinance No. 2 of 2010 implemented a hiring freeze requiring Bossier City Council approval for the hiring of any personnel; and  WHEREAS, one Laborer I vacancy exists in the Street Sweeping & Grass Cutting division and upgrading and filling this position will allow operations to continue; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of Bossier City, Louisiana, in regular and legal session convened, that the administration is authorized to hire or promote a Laborer II. The above and foregoing Resolution was read in full at open and legal session convened, was on motion of Mr. Don Williams, and second by Mr. Jeffery Darby, and adopted on the 2nd, day of August, 2016, by the following vote: AYES: Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none ____________________________ Jeffery D. Darby, Vice President ____________________________ Phyllis McGraw, City Clerk The following Resolution offered and adopted: RESOLUTION NO. 69 OF 2016 A RESOLUTION AUTHORIZING ONE FIRE DEPARTMENT LINE EMPLOYEE TO BE REPLACED DUE TO A VACANCY FROM RETIREMENT: WHEREAS, Ordinance No. 2 of 2010 implemented a hiring freeze requiring Bossier City Council approval for the hiring of any personnel; WHEREAS, one vacancy will exist in the Fire Department due to a December Retirement and filling this position will allow operations to continue; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Bossier City, Louisiana, in regular and legal session convened, that the administration is authorized to replace two Firefighter positions; The above and foregoing Resolution was read in full at open and legal session convened, was on motion of Mr. Scott Irwin, and second by Mr. Jeff Free, and adopted on the 2nd, day of August, 2016, by the following vote: AYES: Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none ____________________________ Jeffery D. Darby, Vice President ____________________________ Phyllis McGraw, City Clerk By: Mr. Free Motion to approve Parade Permit Fee Waiver for the BPCC 100 Mini NASCAR Race, September 24, 2016. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous The following Resolution offered and adopted: RESOLUTION NO. 70 OF 2016 A RESOLUTION AUTHORIZING ONE FIRE DEPARTMENT LINE EMPLOYEE TO BE REPLACED DUE TO A VACANCY FROM RETIREMENT: WHEREAS, Ordinance No. 2 of 2010 implemented a hiring freeze requiring Bossier City Council approval for the hiring of any personnel; WHEREAS, one vacancy will exist in the Fire Department due to a December Retirement and filling this position will allow operations to continue; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Bossier City, Louisiana, in regular and legal session convened, that the administration is authorized to replace two Firefighter positions; The above and foregoing Resolution was read in full at open and legal session convened, was on motion of Mr. Thomas Harvey, and second by Mr. Jeff Free, and adopted on the 2nd, day of August, 2016, by the following vote: AYES: Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none ____________________________ Jeffery D. Darby, Vice President ____________________________ Phyllis McGraw, City Clerk Agenda Item called: Adopt an Ordinance authorizing Mayor Lorenz Walker to execute the attached Cooperative Endeavor Agreement between the City of Bossier City, the Bossier Parish School Board and the Bossier Parish Police Jury. The City Attorney requested that the Council vote again on this issue since the original motion failed and this would allow Mr. Larkin, whom arrived after that vote, to have an opportunity to cast his vote in favor or against Ordinance. The following Ordinance offered and adopted: Ordinance No. 76 Of 2016 AN ORDINANCE AUTHORIZING MAYOR LORENZ WALKER TO EXECUTE THE ATTACHED COOPERATIVE ENDEAVOR AGREEMENT BETWEEN THE CITY OF BOSSIER CITY, THE BOSISER PARISH SCHOOL BOARD AND THE BOSSIER PARISH POLICE JURY. WHEREAS, the City of Bossier City has developed a Master Plan for Downtown Bossier City; and WHEREAS the attached agreement reflects the respective obligations of the three governmental entities; and WHEREAS the Bossier Parish School Board will transfer the property it owns in the downtown area and the City of Bossier City will fund pursuant to this agreement up to one million dollars for a new all-weather track at Bossier High School which will be available for use by residents, businesses and the community when it is not being used for school activities, events or training; and NOW, THEREFORE, BE IT ORDAINED by the City Council of Bossier City, Louisiana, in regular session convened, that Mayor Lorenz Walker is hereby authorized to execute the attached Cooperative Endeavor between the City of Bossier City, the Bossier Parish School Board and the Bossier Parish Police Jury; BE IT FURTHER ORDAINED, that one million dollars is hereby appropriated from the 2014 Sales Tax Bond Issue Capital Projects Fund to fund an all-weather track facility at Bossier High School. The above and foregoing Ordinance was read in full at open and legal session convened, was on motion of Mr. Jeff Free, and seconded by Mr. Don Williams, and adopted on the 2nd, day of August, 2016, by the following vote: AYES: Mr. Larkin, Mr. Irwin, Mr. Free, Mr. Harvey NAYS: Mr. Williams and Mr. Darby ABSENT: Mr. Montgomery, Jr. ABSTAIN: none ____________________________ Jeffery D. Darby, Vice President ____________________________ Phyllis McGraw, City Clerk Agenda Item called: Adopt a Resolution to authorize the use of city water service for a proposed commercial development to be located at 5314 Airline Drive which is outside of the Bossier City limits. By: Mr. Larkin Motion to amend Resolution to add Sewer Services to Resolution. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous The following Resolution offered and adopted: RESOLUTION NO. 71 OF 2016 A RESOLUTION TO AUTHORIZE THE USE OF CITY WATER AND SEWER SERVICE FOR A PROPOSED COMMERCIAL DEVELOPMENT TO BE LOCATED AT 5314 AIRLINE DRIVE WHICH IS OUTSIDE OF THE BOSSIER CITY LIMITS. ________________________________________________ WHEREAS, a proposed commercial development known as “River City Urgent Care” to be located at 5314 Airline Drive requires Bossier City water and sewer service; and WHEREAS, Ordinance No. 75 of 2014 requires City Council approval for commercial buildings to utilize City water and sewer services outside of the Bossier City limits. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bossier City, in regular session convened, does hereby approve the use of City water and sewer service for a proposed commercial development to be located at 5314 Airline Drive which is outside of the Bossier City limits. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign any and all documents in connection with the furtherance of this Resolution. The above and foregoing Resolution was read in full at open and legal session convened, was on motion of Mr. Don Williams, and seconded by Mr. Jeff Free, and adopted on the 2nd, day of August, 2016, by the following vote: AYES: Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none ____________________________ Jeffery D. Darby, Vice President ____________________________ Phyllis McGraw, City Clerk Announcements - Notice is hereby given pursuant to Article VII, Section 23 (C) of the Constitution and R.S. 42:19.1, Act 267, that the City of Bossier City Council will hold a public meeting on Tuesday, September 6, 2016 at 3:00 P.M. at the regular meeting place, 620 Benton Road, Bossier City, Louisiana, in the Bossier City Council Chambers to adopt an Ordinance levying the ad valorem property tax millage rates for the year 2016. There being no further business to come before this Council, meeting adjourned at 3:25 PM by Mr. Darby Respectfully submitted: Phyllis McGraw City Clerk Publish: August 10, 2016 Bossier Press Tribune