City Council

PROCEEDINGS OF THE CITY COUNCIL OF BOSSIER CITY STATE OF LOUISIANA TAKEN AT THE REGULAR MEETING MAY 1, 2018 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, May 1, 2018, 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 Jeffery Darby, President, Honorable Councilors, David Montgomery, Jr, Timothy Larkin, Scott Irwin, Don Williams, Jeff Free and Thomas Harvey Also Present: Mayor, Lorenz Walker, City Attorney, Jimmy Hall and City Clerk, Phyllis McGraw. By: Mr. Montgomery, Jr. Motion to approve minutes April 17, 2018, Regular Meeting and dispense with the reading. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous By: Mr. Montgomery, Jr. Motion to amend agenda to include item #19 under New Business - Adopt a Resolution authorizing the hiring of a City Public Information Officer for the Mayor's Office due to a Retirement. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous By: Mr. Williams Motion to approve Agenda as amended. Seconded by Mr. Montgomery, Jr. No comment Vote in favor of motion is unanimous Ceremonial Matters/ Recognition of Guests: Committee Reports: Pam Glorioso, CAO, Gave Council report on Landscaping Committee in East Bank District - She showed Council examples of plants that would be planted and areas that they will go and that the RFP's have been sent out. Mr. Darby thanked everyone, that served on the committee, for their hard work. Unfinished Business: The following Ordinance offered and adopted: ORDINANCE NO. 33 OF 2018 AN ORDINANCE TO ESTABLISH A DISASTER RELIEF FUND __________________________________________________________ WHEREAS, the City of Bossier City receives payments from FEMA for past disasters in years other than the year the expense was incurred; and  WHEREAS, the City of Bossier City would establish a Disaster Relief Fund to be used for future disasters or other uses as deemed necessary by the Bossier City Council; and WHEREAS, putting this Disaster Relief Fund in place will keep from placing an imposition on each of the department’s operating budgets; and NOW, THEREFORE, BE IT ORDAINED, that the City Council of Bossier City, in regular session convened, does hereby grant the approval to establish a Disaster Relief Fund. The above and foregoing Ordinance, read in full at open and legal session convened, was on motion of Mr. David Montgomery, Jr. and seconded by Mr. Scott Irwin, and adopted on the 1st, day of May, 2018, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: none ABSTAIN: none ____________________________ Jeffery D. Darby, President ____________________________ Phyllis McGraw, City Clerk The following Ordinance offered and adopted: ORDINANCE NO. 34 of 2018 AN ORDINANCE TO AUTHORIZE THE CITY TO ENTER INTO AN AGREEMENT WITH JOHN YOUNG, MICHAEL G. STAG, L.L.C. AND SMITH STAG, L.L.C., SMITH FAWER, L.L.C., ALVENDIA, KELLY AND DEMAREST, L.L.C., CHEHARDY, SHERMAN, WILLIAMS, MURRAY, RECILE, STAKELUM & HAYES, L.L.P., ANTHONY IRPINO OF IRPINO, AVIN & HAWKINS, (hereinafter the “attorneys”) FOR THE PURPOSE OF PROVIDING LEGAL SERVICES RELATED TO THE FILING AND LITIGATION OF A CIVIL ACTION FOR DAMAGES SUSTAINED BY THE ABUSE OF OPIOIDS WHEREAS, the abuse of opioids has resulted in a significant health threat to the country and the City of Bossier City; WHEREAS, this health threat has taxed law enforcement, emergency medical services, the City Jail and the Bossier City Court system; WHEREAS, tax payers have had to bear the cost of this increased burden on the services provided by the City of Bossier City; NOW, THEREFORE, BE IT ORDAINED by the Bossier City Council in regular session convened does hereby authorize Mayor Lorenz Walker is hereby authorized to enter into an agreement with JOHN YOUNG, MICHAEL G. STAG, L.L.C. AND SMITH STAG, L.L.C., SMITH FAWER, L.L.C., ALVENDIA, KELLY AND DEMAREST, L.L.C., CHEHARDY, SHERMAN, WILLIAMS, MURRAY, RECILE, STAKELUM & HAYES, L.L.P., ANTHONY IRPINO OF IRPINO, AVIN & HAWKINS, (hereinafter the “attorneys”) for the purpose of providing legal services related to the filing and litigation of a civil action for damages sustained by the abuse of opioids. BE IT FURTHER ORDAINED THAT Mayor Lorenz J. Walker is hereby authorized to execute any and all documents in connection with said agreement. The above and foregoing Ordinance was read in full at open and legal session convened, was on motion of Mr. David Montgomery, Jr., and seconded by Mr. Scott Irwin, and adopted on the 1st, day of May, 2018, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: none ABSTAIN: none ____________________________ Jeffery D. Darby, President ____________________________ Phyllis McGraw, City Clerk ORDINANCE NO. 35 OF 2018 AN ORDINANCE TO AMEND THE UNIFIED DEVELOPMENT CODE BY ADDING SECTION 4.3.3 AND SECTION 5.7.4, BARKSDALE BOULEVARD REDEVELOPMENT OVERLAY DISTRICT. WHEREAS, it is in the best interests of the citizens of the City of Bossier City that Barksdale Boulevard within the proposed Barksdale Boulevard Redevelopment Overlay District (the “District”), be enhanced and improved to strengthen its economic vitality, preserve its commercial character, enhance visual appeal, improve motorist and pedestrian safety, and encourage new investment and redevelopment within the District; WHEREAS, Sec. 1.5.8 of the Unified Development Code states that a specific purpose of the Code is to “Protect designated corridors and maintain desirable and unique neighborhood character and integrity within the City and Parish by establishing Corridor and Neighborhood Conservation Conditional Use Overlay Districts and by establishing such regulations related to the maintenance of quality use, aesthetic, and environmental standards as may be found to be appropriate;” and, WHEREAS, the City Council of Bossier City, Louisiana, following a recommendation by the Bossier-City Metropolitan Planning Commission, desires to create the Barksdale Boulevard Redevelopment Overlay District (B-BROD); NOW, THEREFORE, BE IT ORDAINED by the City Council of Bossier City, Louisiana, in regular session convened, that there is hereby created the Barksdale Boulevard Redevelopment Overlay District, by enacting Section 4.3.3 and Section 5.7.4 of the Unified Development Code be amended to read as follows: 4.3.3 Barksdale Boulevard Redevelopment Overlay District (B-BROD) The purpose of the Barksdale Boulevard Redevelopment Overlay District (B-BROD) is to preserve and improve the economic vitality of the corridor, preserve its commercial character, enhance its visual appeal, improve motorist and pedestrian safety, and encourage new investment and redevelopment within the B-BROD; (Overlay District boundaries and site maps available in the MPC office.) 5.7.4 Barksdale Boulevard Redevelopment Overlay District (B-BROD) Existing uses, structures, and sites shall be subject to the provisions of Article 7, Noncon- formities, of the Unified Development Code. The uses within the B-BROD shall follow the development standards of the B-3 General Business District as stated in Article 6, District Development Standards, of the Unified Development Code. The following additional criteria shall be included as conditions for new developments within B- BROD which are not subject to the provisions of Article 7, Nonconformities, of the Unified Development Code: A. In addition to any landscaping and buffering requirements contained in Sections 13.7, 13.8, and 13.9 a 20 foot wide bufferyard / landscaping strip shall be provided and maintained on the Barksdale Boulevard frontage. A bufferyard is defined as a unit of land together with required landscaping which may be required between land uses to eliminate or minimize conflicts between them. B. New driveways along Barksdale Boulevard shall be limited to a maximum width of 35 feet, subject to all requirements and approvals of the Louisiana Department of Transportation and Development. C. A reduction in parking requirements shall be provided as an incentive for existing developed sites to install or provide cross-access easements. Existing sites which add cross-access easements shall be given a 20 percent reduction in required parking spaces and exempt from replacing parking eliminated by the cross-access easement. Motion was made by Mr. Scott Irwin, seconded by Mr. David Montgomery, Jr., to adopt on the 1st, day of May, 2018, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: none ABSTAIN: none ____________________________ Jeffery D. Darby, President ____________________________ Phyllis McGraw, City Clerk New Business: Agenda Item Called: East Texas Gravity Main Belt Construction, Inc. $2,853,463.00 John Plott Company, Inc. $3,684,800.43 Pulley Construction, Inc. $2,333,000.00 Wicker Construction, Inc. $3,740,317.00 Yor-Wic Construction Company, Inc $4,332,975.00 By: Mr. Free Motion to approve reading of the bids. Seconded by Mr. Montgomery, Jr. No comment Vote in favor of motion is unanimous Agenda Item Called: Hoyer Street Demolition Justin J. Reeves, LLC $11,814.00 Lou Chandler, Inc. $11,212.00 Tab Construction Bid Rejected - No Bid Bond By: Mr. Montgomery, Jr. Motion to approve reading of the bids. Seconded by Mr. Harvey No comment Vote in favor of motion is unanimous The following ordinance offered and adopted: ORDINANCE NO. 36 OF 2018 AN ORDINANCE APPROVING A CONDITIONAL USE FOR THE SALE OF HIGH AND LOW CONTENT ALCOHOL FOR ON PREMISE CONSUMPTION AT 314 MINDEN STREET, BOSSIER CITY, LA WHEREAS; Beau Hayes, Fouxgaroux Bar,has applied to the Bossier City-Parish Metropolitan Planning Commission for Conditional Use Approval for the retail sale of high and low content alcohol, for on premise consumption, located at 314 Minden Street, Bossier City, LA; and WHEREAS; a public hearing for the Conditional Use application was held on April 9, 2018; and WHEREAS; The Planning Department has submitted the results of said public hearing to the Mayor and the City Council of the City of Bossier City. THE CITY COUNCIL OF THE CITY OF BOSSIER CITY HEREBY ORDAINS: SECTION 1. That the Conditional Use for retail sales of high and low content alcohol for on premise consumption at 314 Minden Street, Bossier City, LA 71111 is hereby approved. Motion was made by Mr. Scott Irwin and seconded by Mr. Don Williams to adopt the above ordinance. Upon the following vote, the ordinance was adopted on the 1st, day of May, 2018, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: none ABSTAIN: none ____________________________ Jeffery D. Darby, President ____________________________ Phyllis McGraw, City Clerk C-6-18 The following ordinance offered and adopted: ORDINANCE NO. 37 OF 2018 AN ORDINANCE APPROVING A CONDITIONAL USE FOR THE SALE OF HIGH AND LOW CONTENT ALCOHOL FOR ON PREMISE CONSUMPTION AT 2000 THE BLAKE BOULEVARD, BOSSIER CITY, LA WHEREAS; Renee Matheny, The Blake at Bossier City, has applied to the Bossier City-Parish Metropolitan Planning Commission for Conditional Use Approval for the retail sale of high and low content alcohol, for on premise consumption, located at 2000 The Blake Boulevard, Bossier City, LA; and WHEREAS; a public hearing for the Conditional Use application was held on April 9, 2018; and WHEREAS; The Planning Department has submitted the results of said public hearing to the Mayor and the City Council of the City of Bossier City. THE CITY COUNCIL OF THE CITY OF BOSSIER CITY HEREBY ORDAINS: SECTION 1. That the Conditional Use for retail sales of high and low content alcohol for on premise consumption at 2000 The Blake Boulevard, Bossier City, LA 71111 is hereby approved. Motion was made by Mr. Thomas Harvey and seconded by Mr. Timothy Larkin to adopt the above ordinance. Upon the following vote, the ordinance was adopted on the 1st, day of May, 2018, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: none ABSTAIN: none ____________________________ Jeffery D. Darby, President ____________________________ Phyllis McGraw, City Clerk C-9-18 The following ordinance offered and adopted: ORDINANCE NO. 38 OF 2018 AN ORDINANCE APPROVING A CONDITIONAL USE FOR THE SALE OF HIGH AND LOW CONTENT ALCOHOL FOR ON PREMISE CONSUMPTION AT 2369 AIRLINE DRIVE, SUITE 500, BOSSIER CITY, LA WHEREAS; Don Nicho Mexican Restaurant, has applied to the Bossier City-Parish Metropolitan Planning Commission for Conditional Use Approval for the retail sale of high and low content alcohol, for on premise consumption, located at 2369 Airline Drive, Suite 500, Bossier City, LA; and WHEREAS; a public hearing for the Conditional Use application was held on April 9, 2018; and WHEREAS; The Planning Department has submitted the results of said public hearing to the Mayor and the City Council of the City of Bossier City. THE CITY COUNCIL OF THE CITY OF BOSSIER CITY HEREBY ORDAINS: SECTION 1. That the Conditional Use for retail sales of high and low content alcohol for on premise consumption at 2369 Airline Drive, Suite 500, Bossier City, LA 71111 is hereby approved. Motion was made by Mr. Thomas Harvey and seconded by Mr. Timothy Larkin to adopt the above ordinance. Upon the following vote, the ordinance was duly adopted on the 1st, day of May, 2018, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: none ABSTAIN: none ____________________________ Jeffery D. Darby, President ____________________________ Phyllis McGraw, City Clerk C-10-18 By: Mr. Montgomery, Jr. Motion to introduce an Ordinance to distribute funds ($45,000) in mosquito spraying (620-2800-502-2626) to other accounts within the Herbicide and Mosquito Spraying Budget which will accomplish the spray program at a savings of $42,000. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous By: Mr. Montgomery, Jr. Motion to introduce an Ordinance authorizing the Mayor to appropriate $10,000 to come from the Sales Tax Capital Improvement Fund to be used to contract with Aillet, Fenner, Jolly, McClelland Consulting Engineers to conduct an Airline Drive Underpass at Kansas City Southern Rail Feasibility Study. Seconded by Mr. Harvey No comment Vote in favor of motion is unanimous By: Mr. Montgomery, Jr. Motion to introduce an Ordinance to abandon a public alley lying within the East Shreveport Subdivision as recorded in the Bossier Parish Records in Book 60 Page 17 and being located in Section 29, Township 18 North, Range 13 West. Seconded by Mr. Harvey No comment Vote in favor of motion is unanimous By: Mr. Irwin Motion to introduce an Ordinance to appropriate funds to cover removal of debris from the two water intake structures the City has on the Red River for a total of $28,600.00 to come from the Disaster Relief Fund. Seconded by Mr. Montgomery, Jr. No comment Vote in favor of motion is unanimous By: Mr. Williams Motion to introduce an Ordinance to appropriate $345,000 to come from the Hotel Motel Tax Fund to be used to fund repairs to the Louisiana Boardwalk River Retaining Wall and to restripe Streets and Parking lots at Louisiana Boardwalk. Seconded by Mr. Irwin No comment Vote in favor of motion is unanimous By: Mr. Montgomery, Jr. Motion to introduce an Ordinance authorizing Mayor Lorenz Walker to execute the attached agreement with Atakapa Services, LLC for Stormwater/Drainage System Master Planning, Storm Drain System Cleaning and Inspection, Peer Review Services and Engineering Services. Seconded by Mr. Irwin No comment Vote in favor of motion is unanimous The following Resolution offered and adopted: RESOLUTION 32 OF 2018 A RESOLUTION AUTHORIZING THE HIRING OF A SENIOR OPERATOR FOR THE PUBLIC UTILITIES DEPARTMENT. _____________________________________________________ WHEREAS, Ordinance No. 21 of 2018 implemented a requirement assuring that the City department budgets not be exceeded by any hiring of any personnel; and WHEREAS, the position of Senior Operator is vacant due to retirement, resignation or termination; and WHEREAS, the administration and the department assures that all current budgets have been verified and that no authorized salary has been exceeded; and  NOW, THEREFORE, BE IT RESOLVED by the City Council of Bossier City, Louisiana, in regular session convened, that the administration is authorized to proceed with hiring procedures for the fulfillment of this position. The above and foregoing Resolution was read in full at open and legal session convened, was on motion of Mr. David Montgomery, Jr. and seconded by Mr. Don Williams, and adopted on the 1st, day of May, 2018 by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: none ABSTAIN: none ____________________________ Jeffery D. Darby, President ____________________________ Phyllis McGraw, City Clerk The following Resolution offered and adopted: RESOLUTION 33 OF 2018 A RESOLUTION AUTHORIZING THE HIRING OF A WWTP OPERATOR FOR THE PUBLIC UTILITIES DEPARTMENT. _____________________________________________________ WHEREAS, Ordinance No. 21 of 2018 implemented a requirement assuring that the City department budgets not be exceeded by any hiring of any personnel; and WHEREAS, the position of WWTP Operator is vacant due to retirement, resignation or termination; and WHEREAS, the administration and the department assures that all current budgets have been verified and that no authorized salary has been exceeded; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Bossier City, Louisiana, in regular session convened, that the administration is authorized to proceed with hiring procedures for the fulfillment of this position. The above and foregoing Resolution was read in full at open and legal session convened, was on motion of Mr. David Montgomery, Jr. and seconded by Mr. Scott Irwin, and adopted on the 1st, day of May, 2018, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: none ABSTAIN: none ____________________________ Jeffery D. Darby, President ____________________________ Phyllis McGraw, City Clerk The following Resolution offered and adopted: RESOLUTION 34 Of 2018 A RESOLUTION AUTHORIZING THE HIRING OF A LABORER I FOR THE PUBLIC WORKS DEPARTMENT WHEREAS, Ordinance No. 21 of 2018 implemented a requirement assuring that the City department budgets not be exceeded by any hiring of any personnel; and WHEREAS, the position of Laborer I is vacant due to retirement, resignation or termination; and WHEREAS, the administration and the department assures that all current budgets have been verified and that no authorized salary has been exceeded; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Bossier City, Louisiana, in regular session convened, that the administration is authorized to proceed with hiring procedures for the fulfillment of this position. The above and foregoing Resolution was read in full at open and legal session convened, was on motion of Mr. Scott Irwin, and seconded by Mr. David Montgomery, Jr., and adopted on the 1st, day of May, 2018, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: none ABSTAIN: none ____________________________ Jeffery D. Darby, President ____________________________ Phyllis McGraw, City Clerk By: Mr. Montgomery, Jr. Motion to approve Report of Change Order #1 for the Sewer Sub-Basin BC-02 Rehabilitation Project for a decrease of $48,028.00. Total of contract with Change Order $1,092,352.50. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous By: Mr. Montgomery, Jr. Motion to approve Report of Change Order #2 for the Landau Lift Station Rehabilitation Project for a decrease of $3,088.00. Total of contract with Change Order $134,701.39. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous By: Mr. Montgomery, Jr. Motion to approve Percy Hubbard, John Michael Moore, G. Carlton Golden, Jr. and Charles Boone to the Bossier Public Trust Financial Authority for a term of four years. (June 30, 2018-June 30, 2022) Seconded by Mr. Irwin No comment Vote in favor of motion is unanimous By: Mr. Free Motion to approve Parade Permit Fee Waivers for the following: 1.) 1 Mile Recreational and 5K Walk, May 2, 2018 2.) Red, White and Blue Color Run, June 23, 2018 Seconded by Mr. Montgomery, Jr. No comment Vote in favor of motion is unanimous The following Resolution offered and adopted: RESOLUTION 35 Of 2018 A RESOLUTION AUTHORIZING THE HIRING OF A CITY OF PUBLIC INFORMATION OFFICER, FOR THE MAYOR’S OFFICE DUE TO A RETIREMENT WHEREAS, Ordinance No. 21 of 2018 implemented a requirement assuring that the city department budgets not be exceeded by any hiring of any personnel; and WHEREAS, the position of City of Public Information Officer will be vacant due to the retirement of Mark Natale effective July 27, 2018; and WHEREAS, the administration requests the authorization to advertise and engage employment of the replacement of Mr. Natale to become effective June 1, 2018; the salary of the new position shall not exceed $60,000.00 plus benefits. The administration will amend the current Police Department budget and the Mayor’s Office budget accordingly for this change; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Bossier City, Louisiana, in regular session convened, that the administration is authorized to proceed with hiring procedures for the fulfillment of this position.  The above and foregoing Resolution was read in full at open and legal session convened, was on motion of Mr. David Montgomery, Jr., and seconded by Mr. Don Williams, and adopted on the 1st, day of May, 2018, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: none ABSTAIN: none ____________________________ Jeffery D. Darby, President ____________________________ Phyllis McGraw, City Clerk There being no further business to come before this Council, meeting adjourned at 3:24 P.M. by Mr. Darby Respectfully submitted: Phyllis McGraw City Clerk Publish: May 9, 2018 Bossier Press Tribune