City Council

PROCEEDINGS OF THE CITY COUNCIL OF BOSSIER CITY STATE OF LOUISIANA TAKEN AT THE REGULAR MEETING November 15, 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, November 15, 2016, at 3:00 PM Invocation was given by Council Member Jeffery Darby Pledge of Allegiance led by Council Member Jeff Free Roll Call as follows: Present: Honorable Councilor David Montgomery, Jr., President, Honorable Councilors, Timothy Larkin, Scott Irwin, Jeffery Darby, Don Williams, Jeff Free and Thomas Harvey Also Present: Mayor Lorenz Walker, City Attorney Jimmy Hall and City Clerk, Phyllis McGraw By: Mr. Irwin Motion to approve the minutes of the November 1, 2016, Regular Meeting and dispense with the reading. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous By: Mr. Williams Motion to adopt a Resolution to hire or promote two Utility Workers in Water Distribution to replace vacant positions in Public Utilities. Seconded by Mr. Darby No comment Vote in favor of motion is unanimous By: Mr. Williams Motion to approve Agenda as amended. Seconded by Mr. Free No comment Vote in favor of motion is unanimous Stacy Brown, President, Shreveport-Bossier Convention and Tourism Bureau showed promotional videos to the Council. She also went over brochures and programs that are being designed to lure in visitors to the area. Ms. Brown also discussed the Bureau's budget for 2017. Joe Littlejohn, 111 Robert E. Lee Place, Bossier City, spoke to the Council concerning the Noise Ordinance and recent noise from a concert at Diamond Jacks. Council will have administration check into it. Council requested Monthly Financial Report be moved to the December 6, 2016, Council Meeting. Unfinished Business: Agenda Item called: Adopt an Ordinance to adopt the Hotel/Motel Taxes Fund Budget for 2017. By: Mr. Williams Motion to adopt this Ordinance Seconded by Mr. Darby Comments concerning the fact that the money for the Chamber of Commerce was not included in original budget. Discussion was held about the pros and cons of amending the Budget to include the funds. Lisa Johnson, President, Bossier Chamber of Commerce, spoke on the need of her organization to better promote the City of Bossier. (Audio of conversation on file in Clerks office) By: Mr. Larkin Motion to amend the Hotel/Motel Tax Fund Budget for 2017 to include an appropriation to the Bossier Chamber of Commerce in the amount of $83,333.00. Seconded by Mr. Free Further conversation (Audio on file in Clerks office) Vote as follows: Yeas: Mr. Larkin, Mr. Montgomery, Jr., Mr. Free and Mr. Irwin Nays: Mr. Williams, Mr. Darby and Mr. Harvey Absent: none Abstain: none Motion carried By: Mr. Larkin Motion to reintroduce the Hotel/Motel Tax Fund Budget for 2017 as amended. Seconded by Mr. Free Further conversation (Audio on file in Clerks office) Vote as follows: Yeas: Mr. Larkin, Mr. Montgomery, Jr., Mr. Free and Mr. Irwin Nays: Mr. Williams, Mr. Darby and Mr. Harvey Absent: none Abstain: none Motion carried The following Ordinance offered and adopted: ORDINANCE NO. 143 OF 2016 AN ORDINANCE TO REPEAL ORDINANCE 108 OF 2012 AND REPEAL ORDINANCE 64 OF 2008 AND REPEAL ORDINANCE 79 OF 2008 AND TO CLARIFY AND ENACT A “FLOOD DAMAGE PREVENTION ORDINANCE” AS DESCRIBED IN EXHIBIT “A” IN ORDER FOR BOSSIER CITY TO REMAIN CONSISTENT WITH THE NATIONAL FLOOD INSURANCE PROGRAM REGULATIONS. ________________________________________________________________ WHEREAS, the City of Bossier City has previously enacted Ordinance No. 108 of 2012, Ordinance 64 of 2008 and Ordinance 79 of 2008 to insure that Bossier City be in compliance with National Flood Insurance Program Regulations; and WHEREAS, the Federal Emergency Management Agency (F.E.M.A.) has produced new Flood Insurance Rate Maps dated August 18, 2016, making it necessary to adopt a new improved “Flood Damage Prevention Ordinance”; and WHEREAS, a new “Flood Damage Prevention Ordinance” is attached to and is part of this ordinance also shown as exhibit “A” of this ordinance. NOW, THEREFORE, BE IT ORDAINED by the City Council of Bossier City, in regular session does hereby authorize the Mayor to repeal ordinance 108 of 2012 and repeal ordinance 64 of 2008 and repeal ordinance 79 of 2008 and to clarify and enact a “Flood Damage Prevention Ordinance” as described in Exhibit “A” in order for Bossier City to remain consistent with the National Flood Insurance Program Regulations.  BE IT FURTHER ORDAINED, that the Mayor is hereby authorized to sign any and all instruments in connection 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. Timothy Larkin and seconded by Mr. Scott Irwin, and adopted this 15th day of November, 2016 by the following ayes and nayes vote: AYES; Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYES; none ABSENT; none ABSTAIN; none ______________________________ _______________________ President, David A. Montgomery, Jr. City Clerk, Phyllis McGraw The following Ordinance offered and adopted: ORDINANCE NO. 144 of 2016 ADOPT AN ORDINANCE to repair a collapsed sewer main at the location of Dot and Sullivan. WHEREAS, Due to the substandard soil conditions in this area the repair will be beyond the capabilities of the utility department. The repair is located beneath a storm drain and could entail well pointing.; and WHEREAS, the funding source will come from the Sewer Capital Contingency Fund and The City of Bossier City Council hereby appropriates $35,000 to come from the Sewer Capital Contingency Fund; and NOW, THEREFORE, BE IT ORDAINED by the City Council of Bossier City, Louisiana in regular session convened, does hereby appropriate $35,000.00 from the Sewer Capital Contingency Fund and approve the repair of the collapsed sewer main at the location of Dot and Sullivan. The above and foregoing Ordinance was read in full at open and legal session convened, was on motion of Mr. Timothy Larkin, and seconded by Mr. Scott Irwin, and adopted this 15th day of November, 2016 by the following ayes and nayes vote: AYES; Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYES; none ABSENT; none ABSTAIN; none ______________________________ _______________________ President, David A. Montgomery, Jr. City Clerk, Phyllis McGraw Agenda Item: Adopt Zoning Ordinance, Petitioner - DG Louisiana dba Dollar General Store #10632, Location - 2100 Stockwell Rd., Bossier City, LA, Request - Conditional Use Approval for the sale of high and low content alcohol for off-premise consumption of low content alcoholic beverages, wine and wine products at a Dollar General Store. By: Mr. Williams Motion to combine zoning items 4-6 under Unfinished Business. Seconded by Mr. Montgomery No comment Vote in favor of motion is unanimous By: Mr. Williams Motion to return these cases to the MPC for them to come back with recommendations for amendments to the Alcohol Ordinances to set criteria for certain locations that wouldn't receive alcohol. Seconded by Mr. Irwin Discussion on the need for restrictions for locations and alcohol sales. (Audio on file in Clerks office) Vote in favor of motion is unanimous New Business: The following Ordinance offered and adopted: Ordinance No. 145 Of 2016 AN ORDINANCE DECLARING AN EMERGENCY DOES EXISTS AFFECTING THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC AND AMENDING THE FIRE DEPARTMENT 2016 GENERAL FUND BUDGET AND THE 2016 EMS FUND BUDGET TO REALLOCATE FUNDS FROM THE SALARY LINES IN EACH BUDGET TO THE 24 HOUR OVERTIME LINES IN EACH BUDGET. _____________________________________________________________________________ WHEREAS, retirements and disciplinary action have created shortages of manpower in the fire department until a new training class can be completed; and WHEREAS in order to avoid taking equipment out of service already appropriated funds in the salary lines of the 2016 General Fund Budget and the 2016 EMS Fund Budget need to be reallocated to the 24 hour overtime lines of each budget; and NOW, THEREFORE, BE IT ORDAINED by the City Council of Bossier City, Louisiana, in regular session convened, that an emergency does exist affecting the health, safety, and welfare of the public; and BE IT FURTHER ORDAINED that the 2016 General Fund Budget is hereby amended to reallocate $73,000 from the salary line to the 24 hour overtime line therein. BE IT FURTHER ORDAINED that the 2016 EMS Fund Budget is hereby amended to reallocate $27,000 from the salary line to the 24 hour overtime line therein. 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 this 15th day of November, 2016 by the following ayes and nayes vote: AYES; Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYES; none ABSENT; none ABSTAIN; none ______________________________ _______________________ President, David A. Montgomery, Jr. City Clerk, Phyllis McGraw By: Mr. Harvey Motion to introduce an Ordinance approving the acquisition of the property described as 409 Arcadia Street authorizing the Mayor to sign any and all documents necessary to acquire property 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 appropriate $200,000 to come from the Sales Tax Capital Improvement Fund to be used to replace failed storm sewer culvert running along the rear property line of the 2600 block of Bardot Lane. Seconded by Mr. Larkin No comment Vote in favor of motion is unanimous By: Mr. Irwin Motion to introduce an Ordinance to appropriate $190,000 to come from the Sales Tax Capital Improvement Fund to be used to design and construct traffic signals for the Stockwell Road/Shed Road Intersection. Seconded by Mr. Darby No comment Vote in favor of motion is unanimous By: Mr. Larkin Motion to introduce an Ordinance to appropriate $190,000 to come from the Sales Tax Capital Improvement Fund to be used to design and construct traffic signals for the Hickory Ridge/Shed Road Intersection. Seconded by Mr. Free No comment Vote in favor of motion is unanimous By: Mr. Irwin Motion to introduce a Supplemental Bond Ordinance authorizing issuance of not exceeding eight million dollars ($8,000,000) of Utilities Revenue Refunding Bonds, Series 2017, of the City of Bossier City, State of Louisiana, in accordance with the terms of a General Bond Ordinance adopted on July 6, 2010, for the purpose of defeasing and currently refunding its outstanding Utilities Revenue Refunding Bonds, Series 2010; prescribing the form, fixing the details and providing for payment of principal of and interest on said bonds and for the rights of the owners thereof; approving the official statement; awarding the bonds to the purchaser thereof; and providing for other matters in connection therewith. Seconded by Mr. Free No comment Vote in favor of motion is unanimous By: Mr. Free Motion to introduce an Ordinance authorizing and providing for issuance of $15,000,000 of Public Improvement Sales Tax Revenue Bonds, Series ST-2017, of the City of Bossier City, State of Louisiana; prescribing the form, fixing the details and providing for the rights of the owners thereof; providing for payment of the principal of and interest on such bonds; and providing for other matters in connection therewith. Seconded by Mr. Irwin No comment Vote in favor of motion is unanimous RESOLUTION NO. 92 OF 2016 A RESOLUTION AUTHORIZING THE EXECUTIVE OFFICERS OF THE CITY OF BOSSIER CITY, LOUISIANA TO EXECUTE A BOND PURCHASE AGREEMENT IN CONNECTION WITH CERTAIN PUBLIC IMPROVEMENT SALES TAX REVENUE BONDS, SERIES ST-2017 WHEREAS, on September 20, 2016, the City of Bossier City, Louisiana (the “Issuer”), adopted Resolution No. 79 of 2016, authorizing development of a project involving issuance by the Issuer of not exceeding $15,000,000 principal amount of its Public Improvement Sales Tax Revenue Bonds, Series ST-2017 (the “Bonds”); and WHEREAS, it is expected the Bonds will be marketed and sold prior to December 1, 2016; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bossier City, Louisiana, as follows: SECTION 1. The Issuer hereby authorizes the use and distribution of a Preliminary Official Statement in connection with marketing and sale of the Bonds by Stifel Nicolaus & Company, Incorporated and Sisung Securities Corporation (collectively, the “Underwriters”), in substantially the form submitted to the Issuer, with such additions, omissions and changes as may be approved by Bond Counsel to the Issuer. The Issuer further authorizes and approves execution of a final Official Statement by the Mayor and/or City Clerk of the Issuer and the delivery of such Official Statement to the Underwriters for use in connection with the public offering of the Bonds. SECTION 2. Upon sale of the Bonds, the Mayor and/or the City Clerk of the Issuer, as Executive Officers, are each authorized, empowered and directed to execute on behalf of the Issuer, the Bond Purchase Agreement between the Issuer and the Underwriters in form substantially attached hereto as Exhibit A, with such additions, omissions and changes as may be approved by Bond Counsel to the Issuer. SECTION 3. The Mayor and/or City Clerk of the Issuer be and they are further authorized, empowered, and directed to execute on behalf of the Issuer, at or about the time of execution of the Bond Purchase Agreement, any and all other documents deemed necessary by Bond Counsel to the Issuer, to be executed and delivered contemporaneously with the Bonds. 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 15rd day of November, 2016, by the following vote: AYES; Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYES; none ABSENT; none ABSTAIN; none This resolution was declared adopted on this 15th day of November, 2016. _____________________________________ DAVID MONTGOMERY, JR., President _____________________________________ PHYLLIS McGRAW, Clerk of 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. __________________________________ DAVID MONTGOMERY, JR., President __________________________________ PHYLLIS McGRAW, Clerk of Council STATE OF LOUISIANA PARISH OF BOSSIER I, PHYLLIS McGRAW, certify that I am the duly qualified and acting City Clerk for the City of Bossier City, Louisiana. I further certify that the foregoing is a true and correct copy of an excerpt from the minutes of a public meeting of the City of Bossier City, Louisiana, held on November 15, 2016, and of a resolution adopted at said meeting, as said minutes and resolution appear officially of record in my possession.  IN FAITH WHEREOF, witness my official signature and the impress of the official seal of the City of Bossier City, Louisiana, on this, the 15th day of November, 2016. _________________________________ PHYLLIS McGRAW Clerk of the Council RESOLUTION NO. 93 OF 2016 A RESOLUTION AUTHORIZING THE EXECUTIVE OFFICERS OF THE CITY OF BOSSIER CITY, LOUISIANA TO EXECUTE A BOND PURCHASE AGREEMENT IN CONNECTION WITH CERTAIN UTILITIES REVENUE REFUNDING BONDS, 2017 SERIES. WHEREAS, on September 6, 2016, the City of Bossier City, Louisiana (the “Issuer”), adopted Resolution No. 75 of 2016, authorizing development of a financing for a current refunding of the Issuer’s outstanding Utilities Revenue Refunding Bonds, Series 2010; and WHEREAS, the Issuer has authorized the current refunding certain of its outstanding Utilities Revenue Refunding Bonds, Series 2010, dated December 15, 2010, on original issue, involving the proposed issuance of Utilities Revenue Refunding Bonds, 2017 Series (the “Bonds”); and WHEREAS, it is expected the Bonds will be marketed and sold on or about December 1, 2016; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bossier City, Louisiana, as follows: SECTION 1. Upon sale of the Bonds, the Mayor and/or the City Clerk of the Issuer, as Executive Officers, are each authorized, empowered and directed to execute on behalf of the City, the Bond Purchase Agreement in form substantially attached hereto as Exhibit A. SECTION 2. The Mayor and/or City Clerk of the Issuer be and they are further authorized, empowered, and directed to execute on behalf of the City, at or about the time of execution of the Bond Purchase Agreement, any and all other documents deemed necessary by Bond Counsel to the City, in order to effectuate the current refunding and payment of the Refunded Bonds as more fully described in the Bond Purchase Agreement to be executed and delivered on or about December 1, 2016. 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 15th day of November, 2016, by the following vote: AYES; Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYES; none ABSENT; none ABSTAIN; none This resolution was declared adopted on this 15th day of November, 2016. ___________________________________ DAVID MONTGOMERY, JR., President ___________________________________ PHYLLIS McGRAW, Clerk of 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. ___________________________________ DAVID MONTGOMERY, JR., President ___________________________________ PHYLLIS McGRAW, Clerk of Council STATE OF LOUISIANA PARISH OF BOSSIER I, PHYLLIS McGRAW, certify that I am the duly qualified and acting City Clerk for the City of Bossier City, Louisiana. I further certify that the foregoing is a true and correct copy of an excerpt from the minutes of a public meeting of the City of Bossier City, Louisiana, held on November 15, 2016, and of a resolution adopted at said meeting, as said minutes and resolution appear officially of record in my possession. IN FAITH WHEREOF, witness my official signature and the impress of the official seal of the City of Bossier City, Louisiana, on this, the 15th day of November, 2016. _________________________________ PHYLLIS McGRAW Clerk of the Council The following Resolution offered and adopted: RESOLUTION NO. 94 OF 2016 A RESOLUTION TO HIRE OR PROMOTE ONE SUPERINTENDENT IN THE WATER TREATMENT PLANT TO REPLACE A VACANT POSITION IN PUBLIC UTILITIES. _____________________________________________________  WHEREAS, the City Council of the City of Bossier City authorizes the hiring or promotion of one superintendent in the water treatment plant to replace a vacant position in Public Utilities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Bossier City, in regular session convened, does hereby authorize the hiring or promotion of one superintendent in the water treatment plant to replace vacant position in Public Utilities. The above and foregoing Resolution, read in full at open and legal session convened, was on motion of Mr. Don Williams and seconded by Mr. Scott Irwin, and adopted on the 15th day of November, 2016, by the following vote: AYES; Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYES; none ABSENT; none ABSTAIN; none ________________________________ David Montgomery, Council President ___________________________ Phyllis McGraw, City Clerk By: Mr. Free Motion to approve recommendation to appoint Robin Harvill as a commissioner of the Board of Commissioners for the Bossier Housing Authority to replace Francisco (Frank) Vela. Appointment effective December 1, 2016 and expires July 18, 2018. Seconded by Mr. Darby No comment Vote in favor of motion is unanimous By: Mr. Harvey Motion to approve Report of Change Order for Douglas/Plantation, Phase II an increase of $191,084.00. Total cost of contract with increase $5,479,182.00. Seconded by Mr. Larkin No comment Vote in favor of motion is unanimous The following Resolution offered and adopted: RESOLUTION NO. 95 OF 2016 A RESOLUTION TO HIRE OR PROMOTE TWO UTILITY WORKERS IN WATER DISTRIBUTION TO REPLACE VACANT POSITIONS IN PUBLIC UTILITIES. _____________________________________________________ WHEREAS, the City Council of the City of Bossier City authorizes the hiring or promotion of two Utility Workers in Water Distribution to replace vacant positions in Public Utilities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Bossier City, in regular session convened, does hereby authorize the hiring or promotion of two Utility Workers in Water Distribution to replace vacant positions in Public Utilities. The above and foregoing Resolution, 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 15th day of November, 2016, by the following vote: AYES; Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYES; none ABSENT; none ABSTAIN; none ________________________________ David Montgomery, Council President ___________________________ Phyllis McGraw, City Clerk There being no further business to come before this Council, meeting adjourned at 4:19 PM by Mr. Montgomery, Jr. Respectfully submitted: Phyllis McGraw City Clerk Publish: November 23, 2016 Bossier Press Tribune