City Council

PROCEEDINGS OF THE CITY COUNCIL OF BOSSIER CITY STATE OF LOUISIANA TAKEN AT THE REGULAR MEETING SEPTEMBER 18, 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, September 18, 2018, 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 Jeff Free, President, Honorable Councilors, David Montgomery, Jr, Timothy Larkin, Scott Irwin, Jeffery Darby and Don Williams Absent: Honorable Councilor Thomas Harvey Also Present: Mayor, Lorenz Walker, City Attorney, Jimmy Hall and Acting City Clerk, Jennifer Emert. By: Mr. Williams Motion to approve minutes September 4, 2018, Regular Meeting and dispense with the reading. Seconded by Mr. Irwin No comment Vote in favor of motion is unanimous By: Mr. Irwin Motion to approve Agenda. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous Ceremonial Matters/Recognition of Guests Stacy Brown, President, Shreveport-Bossier Convention & Tourist Bureau gave an update on the occupancy rates, tax dollars and success of the Miss USA and Miss Team USA Pageant. Mr. Free welcomed members of the Youth Leadership Program Committee Reports Tad Hamilton, President CG6, gave Council of overview of projects he has completed and what is currently been worked on in the Information Services Department. Mr. Hamilton went over daily operations, security and projects. Councilman David Montgomery, Jr., gave monthly Financial Report noting a 7.1% increase in Sales Tax. Mr. Free went over manning report. Ben Rauschenbach stated that financially City is doing very well with Water and Sewer Funds. Mark Hudson, City Engineer, went over the Monthly Project Report with the Council noting Shed Road should be completed in October. Unfinished Business: The following Ordinance offered and adopted: Ordinance No. 100 Of 2018 ADOPT AN ORDINANCE TO APPROPRIATE FUNDS TO COVER CONSTRUCTION COST FOR THE PURCHASE OF A PERMANET SLUDGE TRANSFER PUMP FOR A TOTAL OF $212,000.00 TO COME FROM THE $10 MILLION LDEQ LOAN CS-221103-02 WHEREAS the final opinion of construction costs for the permanent sludge transfer pump is $212,000.00. (see attachment – Final Opinion of Construction Cost for estimated detailed breakdown of the costs); and WHEREAS, $212,000.00 may be appropriated from the $10 MILLION LDEQ Loan CS-221103-02. NOW, THEREFORE, BE IT ORDAINED by the City Council of Bossier City, Louisiana, in regular session convened, that the Bossier City Council does hereby appropriate $212,000.00 to come from the $10 MILLION LDEQ Loan CS-221103-02 to cover the costs for the purchase of a permanent sludge transfer pump. 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 18th day of September, 2018, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams and Mr. Free NAYS: none ABSENT: Mr. Harvey ABSTAIN: none _____________________________________ Jeff Free, President ______________________________________ Jennifer Emert, Acting City Clerk The following Ordinance offered and adopted: Ordinance No. 101 Of 2018 AN ORDINANCE AUTHORIZING $25,000 TO COME FROM THE HOTEL/MOTEL TAX FUND TO SUPPORT BEBOSSIER THROUGH THE BOSSIER CHAMBER OF COMMERCE WHEREAS, the BeBossier campaign is in need of funding; and WHEREAS, BeBossier requests matching funding with Bossier Parish at $25,000; and NOW, THEREFORE, BE IT ORDAINED by the City Council of Bossier City, Louisiana, in regular session convened, that $25,000 is authorized to come from the Hotel/Motel Tax Fund to support BeBossier through the Bossier Chamber of Commerce. The above and foregoing Ordinance was read in full at open and legal session convened, was on motion of Mr. David Montgomery, and seconded by Mr. Scott Irwin, and adopted on the 18th day of September, 2018, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby and Mr. Free NAYS: Mr. Williams ABSENT: Mr. Harvey ABSTAIN: none _____________________________________ Jeff Free, President ______________________________________ Jennifer Emert, Acting City Clerk The following Ordinance offered and adopted: Ordinance No. 102 Of 2018 ADOPT AN ORDINANCE TO APPROPRIATE AN ADDITIONAL $15,000.00 TO THE PARKS AND RECREATION DEPARTMENT TO COVER EXPENSES FOR THE REMAINDER OF 2018 TO COME FROM THE GENERAL FUND FUND BALANCE WHEREAS in 2018 the Parks and Recreation Department was impacted by two storms. The cost of the cleanups were handled within the budget of the Parks & Recreation Department. However, these unforeseen costs were not easily absorbed into this year’s Parks & Rec .budget due to the City’s hosting the 2018 Dixie Baseball World Series; and WHEREAS, $15,000.00 may be appropriated from the General Fund Fund Balance. NOW, THEREFORE, BE IT ORDAINED by the City Council of Bossier City, Louisiana, in regular session convened, that the Bossier City Council does hereby appropriate $15,000.00 to come from the General Fund Fund Balance to cover the expenses of the Parks and Recreation Department for the remainder of 2018. The above and foregoing Ordinance was read in full at open and legal session convened, was on motion of Mr. David Montgomery, and seconded by Mr. Don Williams, and adopted on the 18th day of September, 2018, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams and Mr. Free NAYS: none ABSENT: Mr. Harvey ABSTAIN: none _____________________________________ Jeff Free, President ______________________________________ Jennifer Emert, Acting City Clerk The following Ordinance offered and adopted: Ordinance No. 103 Of 2018 AN ORDINANCE APPROPRIATING FUNDING FROM THE SALE OF A 13.70 ACRE TRACT OF LAND LOCATED IN THE EAST BANK DISTRICT _____________________________________________________________________________  WHEREAS, the 13.70 acre tract of land located on the Northwest corner of Coleman Street and Bearkat Drive is jointly owned by the City of Bossier City and the Bossier Parish Police Jury; and WHEREAS, the referenced 13.70 acre tract of land will be sold for one million four hundred ninety thousand dollars ($1,490.000.00) to Dapper Holdings, LLC; and WHEREAS, currently there is a need for additional public parking in the East Bank District and two parking lots of 170 spaces will service parking for East Bank commerce and the proposed 24,000 square foot Berkshire Hathaway building; and WHEREAS, upon completion of the referenced Berkshire Building, 35 spaces will be designated for tenants of the referenced facility; and WHEREAS, design of the Louisiana Technical Research Institute Facility on the CIC campus has been partially designed but to complete the design to construction drawings will cost $700,000 dollars which may be appropriated from the funds from the sale of the 13.70 acre tract of land; and NOW THEREFORE BE IT ORDAINED by the City Council of Bossier City, Louisiana in regular session convened, that $750,000.00 from the funds received from the purchase of the 13.70 acre tract of land on the Northwest corner of Coleman Street and Bearkat Drive is hereby appropriated for the design and construction of 2 parking lots of approximately 170 parking spaces and to authorize Mayor Lorenz Walker to execute a contract with Civil Design Group to design the same; and BE IT FURTHER ORDAINED, that upon completion of the Berkshire Building, 35 spaces shall be reserved for tenants of that building; and BE IT FURTHER ORDAINED, that $700,000 from the sale of the 13.70 acre tract of land on the Northwest corner of Coleman Street and Bearkat Drive is hereby appropriated for the completion of the design to construction drawings for the Louisiana Technical Research Institute on the CIC campus; The above and foregoing Ordinance was read in full at open and legal session convened, was on motion of Mr. David Montgomery and seconded by Mr. Timothy Larkin and adopted on the 18th day of September, 2018, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams and Mr. Free NAYS: none ABSENT: Mr. Harvey ABSTAIN: none _____________________________________ Jeff Free, President ______________________________________ Jennifer Emert, Acting City Clerk By: Mr. Montgomery, Jr. Motion to approve Report of Change Order #1 for the Asbestos Cleanup for Walter O. Bigby Carriageway Project an increase of $10,642.00. Total cost of contract with increase $73,117.00. Seconded by Mr. Larkin Mr. Montgomery referenced letter and packet from City Attorney Jimmy Hall concerning item. Vote as follows: Yeas: none Nays: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams and Mr. Free Absent: Mr. Harvey Abstain: none Motion failed New Business: By: Mr. Montgomery, Jr. Motion to introduce an Ordinance authorizing Mayor Lorenz Walker to execute the attached amendment to the Owner-Engineer Agreement between Manchac Consulting Group, Inc. and the City of Bossier City. Seconded by Mr. Irwin No comment Vote in favor of motion is unanimous By: Mr. Montgomery, Jr. Motion to introduce to appropriate funds to cover construction cost for the Colony PS1 Improvements Project for a total of $50,000.00 to come from the Sewer Capital and Contingency Fund and enter into a contract with Yor-Wic Construction for work. Seconded by Mr. Larkin No comment Vote in favor of motion is unanimous By: Irwin Motion to introduce an Ordinance to appropriate funds to cover construction cost for the HR14-A-42 Water Treatment Plant Transmission Mains Project for a total of $4,214,308.00 to come from the Water Contingency Fund. Seconded by Mr. Montgomery, Jr. No comment Vote in favor of motion is unanimous Agenda Item called –#4 - Introduce an Ordinance to adopt he General Fund Budget for 2019. By: Mr. Williams Motion to combine agenda budget items #4 - #22 the 2019 Operating and Capital Budgets. Seconded by Mr. Montgomery, Jr. No comment Vote in favor of motion is unanimous Agenda Item called: Introduce the 2019 Operating and Capital Budgets. By: Mr. Montgomery, Jr. Motion to amend the 2019 Operating and Capital Budgets by removing $6,765 for uniforms for HR & Permits from the General Fund Budget, removing $15,000 for uniforms from Water and Sewer Fund Budget and $18,000 for uniforms in the Sales Tax Fund Budget. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous By: Mr. Montgomery, Jr. Motion to introduce the 2019 Capital and Operating Budgets as amended. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous The following Resolution offered and adopted: Resolution No.70 Of 2018 A RESOLUTION ADOPTING THE FIVE YEAR CAPITAL PROJECTS PLAN. ________________________________________________________________________  WHEREAS, Section 6.09 of the Bossier City Charter requires adoption of a 5 year capital improvement projects program; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Bossier City, Louisiana, in regular session convened, that the attached five year Capital Projects Plan for 2019- 2023 is hereby adopted. The above and foregoing Resolution was read in full at open and legal session convened, was on motion of Mr. David Montgomery, and seconded by Mr. Scott Irwin, and adopted on the 18th day of September, 2018, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams and Mr. Free NAYS: none ABSENT: Mr. Harvey ABSTAIN: none _____________________________________ Jeff Free, President ______________________________________ Jennifer Emert, Acting City Clerk RESOLUTION NO. 71 OF 2018 A RESOLUTION DECLARING THE INTENTION OF THE CITY OF BOSSIER CITY, STATE OF LOUISIANA, TO INCUR DEBT; AUTHORIZING APPLICATION TO THE LOUISIANA LOCAL GOVERNMENT ENVIRONMENTAL FACILITIES AND COMMUNITY DEVELOPMENT AUTHORITY TO REQUEST ISSUANCE OF ITS REVENUE BONDS (BOSSIER CITY PUBLIC IMPROVEMENT PROJECTS) SERIES 2018; IN AN AMOUNT NOT TO EXCEED $60,000,000 FOR THE PURPOSES OF FINANCING CAPITAL INFRASTRUCTURE PUBLIC WORKS PROJECTS; TO BE ISSUED IN ONE OR MORE SERIES, TAXABLE OR TAX-EXEMPT; AUTHORIZING FILING OF AN APPLICATION WITH THE STATE BOND COMMISSION IN CONNECTION THEREWITH; PROVIDING FOR EMPLOYMENT OF BOND COUNSEL AND A PROJECT CONSULTANT IN CONNECTION THEREWITH; AND PROVIDING FOR OTHER MATTERS WITH RESPECT THERETO. WHEREAS, by prior resolution, the City of Bossier City, State of Louisiana (the “City”), a municipal government and political subdivision established pursuant to the Constitution and the laws of the State of Louisiana became a participating political subdivision and member of the Louisiana Local Government Environmental Facilities and Community Development Authority (the “Authority”); WHEREAS, the Authority was created pursuant to Chapter 10-D of Title 33 of the Louisiana Revised Statutes of 1950, as amended, comprised of La. R.S. 33:6048.1 through 6048.16 (the “Act”), and other constitutional and statutory authority in order to finance the acquiring, financing, constructing and equipping of certain facilities, including facilities used for general governmental purposes, environmental, public infrastructure, community and economic development purposes and to otherwise establish programs to aid in the financing of local government, and to provide for issuance of bonds for authorized projects, and to procure any funds necessary therefore by mortgage, pledge or other encumbrance of the trust estate dedicated by it therefore and to provide for issuance and delivery of limited and special obligation revenue bonds of the Authority to evidence any indebtedness so incurred; WHEREAS, the City after examining available data realizes it can borrow not to exceed $60,000,000 at present rates of interest for purposes of financing various capital infrastructure public works projects within the City within the provisions of and as authorized by the provisions of the Act; WHEREAS, issuance by the Authority of its revenue bonds on behalf of the City will deliver to the City funds necessary to permit the City’s financing of various capital infrastructure public works projects; WHEREAS, the City desires to proceed with a financing through the Authority in an amount not to exceed SIXTY MILLION DOLLARS ($60,000,000) in a manner and structure to be determined by subsequent ordinance, to finance additions, acquisitions, repairs and/or expansions needed to maintain City owned works of public improvement (the “Project”) and pay costs of issuance of the bonds; WHEREAS, pursuant to the Constitution, the laws of the State of Louisiana, and the Act, the City Council of the City, acting as the governing authority of the City, desires to make application to the Authority requesting issuance of its Louisiana Local Government Environmental Facilities and Community Development Authority Revenue Bonds (City of Bossier Public Improvement Projects) Series 2018, in an aggregate principal amount not to exceed $60,000,000, in one or more series (the “Bonds”) in accordance with the provisions of the Act for the purposes of, (i) financing capital infrastructure public works improvements for the City, (ii) paying the costs of issuance of the Bonds, and (iii) paying the premiums for a bond insurance policy and for a debt service reserve fund surety bond, if necessary; WHEREAS, the Bonds will be secured by and payable from all Lawfully Available Funds of the City, including funds, income, revenue, fees, receipts or charges of any nature form any source whatsoever on deposit with or accruing from time to time to the City, provided that no such funds, income, revenue, fees, receipts or charges shall be so included which have been or are in the future legally dedicated and required for other purposes by the electorate, by the terms of specific grants, by the terms of particular obligations issued or to be issued (to the extent pledged or budgeted to pay debt service on such other obligations) or by operation of law; WHEREAS, the City reasonably expects to reimburse expenditures of the City, incurred prior to issuance of the Bonds, if any, from proceeds of the Bonds and this resolution is a declaration of official intent under Section 1.150-2 of the United States Treasury Regulations; and NOW, THEREFORE, BE IT RESOLVED by the City Council, acting as the governing authority of the City of Bossier City, State of Louisiana, in a regularly convened session resolves as follows: SECTION 1. The City is authorized and requests the Authority to proceed with a financing involving issuance of the Authority’s Revenue Bonds, (Bossier City Public Improvement Projects) Series 2018, in an aggregate principal amount not to exceed SIXTY MILLION DOLLARS ($60,000,000), in one or more series, taxable or tax-exempt, or both (the “Bonds”), for purposes of financing capital infrastructure public works improvements for the City, establishing a reserve fund, if necessary, paying the costs of issuance of the Bonds and paying the premiums for a bond insurance policy and for a debt service reserve fund surety policy, if necessary; to be secured by and payable from all Lawfully Available Funds of the City, including funds, income, revenue, fees, receipts or charges of any nature form any source whatsoever on deposit with or accruing from time to time to the City, provided that no such funds, income, revenue, fees, receipts or charges shall be so included which have been or are in the future legally dedicated and required for other purposes by the electorate, by the terms of specific grants, by the terms of particular obligations issued or to be issued (to the extent pledged or budgeted to pay debt service on such other obligations) or by operation of law. The Bonds shall mature not later than thirty (30) years from the date of issuance and shall bear interest at a fixed rate not to exceed six percent (6.0%) per annum. SECTION 2. The City, in conjunction with the Authority, is hereby authorized to make application to the Louisiana State Bond Commission for consent and authority to issue the Bonds. SECTION 3. The City hereby finds and determines that a real necessity exists for employment of bond counsel in connection with issuance of the Bonds, and accordingly, Joseph A. Delafield, A Professional Corporation (“Bond Counsel”), of Lake Charles, Louisiana, is hereby employed to do and perform comprehensive legal and coordinate professional work with respect to issuance of the Bonds. Said Bond Counsel shall prepare and submit to such officials of the City for adoption all proceedings incidental to, and shall counsel and advise the Mayor and City Council on issuance and sale of the Bonds by the Authority. The fee of Bond Counsel is contingent upon issuance, sale and delivery of the Bonds, and shall be in accordance with the Attorney General’s then current Bond Counsel Fee Schedule and other guidelines, as negotiated for comprehensive legal and coordinate professional work in issuance of revenue bonds applied to the actual aggregate principal amount issued, sold, delivered and paid for at the time such Bonds are delivered, together with reimbursement of out-of-pocket expenses incurred and advanced in connection with issuance of the Bonds, said fee to be subject to the Attorney General’s written approval of said employment and fee to be paid with Bond proceeds. SECTION 4. The employment of Stifel, Nicolaus & Company, Inc., Baton Rouge, Louisiana, and Sisung Securities Corporation, New Orleans, Louisiana (collectively, “Underwriter” or “Placement Agent”) in connection with the Bonds is hereby approved. The compensation of the Underwriter shall be payable from proceeds of the Bonds and shall be subject to the approval of the Authority and the Louisiana State Bond Commission. SECTION 5. The employment of Government Consultants, Inc., of Baton Rouge, Louisiana, as the municipal advisor to the City is hereby approved. The compensation of the Municipal Advisor shall be payable from proceeds of the Bonds and shall be subject to the approval of the Authority and the Louisiana State Bond Commission. SECTION 6. By virtue of the City’s application for, acceptance and utilization of the benefits of the Louisiana Bond Commission’s approval(s) resolved and set forth herein, it resolves that it understands and agrees that such approval(s) are expressly conditioned upon, and it further resolves that it understands, agrees and binds itself, its successors and assigns to, full and continuing compliance with the “State Bond Commission Policy of Approval of Proposed Use of Swaps, or other forms of Derivative Products Hedges, Etc.” adopted by the Commission on July 20, 2006, as to the borrowing(s) and other matter(s) subject to the approval(s), including subsequent application and approval under said Policy of the implementation or sue of any swap(s) or other product(s) or enhancement(s) covered thereby. SECTION 7. This Resolution is an adoption of an official intent of the City relative to the issuance of the Authority’s Bonds as contemplated herein in accordance with the laws of the State and the United States Treasury Regulations, Section 1.150-2(e). The Bonds are not expected to exceed an aggregate principal amount of $60,000,000. Reimbursement of expenditures of the City from proceeds of the Bonds, if any, will be for reimbursement of expenditures made from time to time in connection with the Project. SECTION 8. The City Council hereby authorizes and directs its President, Mayor and Clerk of the City, and such other officials of the City as may be appropriate to do any and all things necessary and incidental to carry out the provisions of this resolution. SECTION 9. If any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this resolution which can be given effect without the invalid provisions, items or applications, and to this end, the provisions of this resolution are hereby declared to be severable. SECTION 10. A copy of this Resolution shall be forwarded to the Authority and published immediately after its adoption in the official journal of the City, The Bossier City Tribune. SECTION 11. This Resolution shall take effect immediately. This resolution having been submitted to a vote with a motion by Mr. David Montgomery and second by Mr. Scott Irwin the vote thereon was as follows: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams and Mr. Free NAYS: none ABSENT: Mr. Harvey ABSTAIN: none ADOPTED AND APPROVED this 18th day of September, 2018. ____________________________ JEFF FREE, President ATTEST: ___________________________ Jennifer Emert Acting City Clerk (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. ____________________________ JEFF FREE, President ATTEST: __________________________ Jennifer Emert Acting City Clerk STATE OF LOUISIANA CITY OF BOSSIER CITY I, Jennifer Emert, certify that I am the duly qualified and acting Clerk of the City Council of Bossier City, Louisiana. I further certify that the foregoing is a true and correct copy of an excerpt from the minutes of a regular meeting of the City Council, held on September 18, 2018, 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 18th day of September, 2018. ____________________________________ Jennifer Emert Acting City Clerk RESOLUTION NO. 72 OF 2018 A RESOLUTION DECLARING THE INTENTION OF THE CITY OF BOSSIER CITY, STATE OF LOUISIANA, TO EMPLOY A PROJECT CONSULTANT IN CONNECTION WITH THE CITY’S CONTINUING AND ONGOING CAPITAL IMPROVEMENT PROJECTS; AND PROVIDING FOR OTHER MATTERS WITH RESPECT THERETO. WHEREAS, the City of Bossier City, State of Louisiana (the “City”), a municipal government and political subdivision established pursuant to the Constitution and the laws of the State of Louisiana recognizing the present benefits of economic development throughout the City as well as the Parish of Bossier, State of Louisiana (the “Parish”), has the continuing need to employ a consultant to assist and monitor continual and ongoing economic development within the City (the “Project Consultant”); WHEREAS, in past years John W. Holt has assisted the City with numerous economic development projects both within the City and the Parish; WHEREAS, the City after examining available data realizes it needs the continued assistance and support of John W. Holt to assist with, develop and monitor the City’s continuing and ongoing economic development projects; and WHEREAS, it is the City’s desire to employ John W. Holt, through his Louisiana limited liability company, JWH Project Consulting, L.L.C., as its Project Consultant, NOW, THEREFORE, BE IT RESOLVED by the City Council, acting as the governing authority of the City of Bossier City, State of Louisiana, in a regularly convened session resolves as follows: SECTION 1. The statements of fact expressly contained within the preamble to this Resolution have been specifically reviewed by the Issuer’s Board of Commissioners and are found to be factually true and correct. SECTION 2. The City finds and determines that a real necessity exists for employment of a Project Consultant in order to obtain the most consistent and efficient economic development within the City and expenditure of City resources on same. SECTION 3. JWH Project Consulting, L.L.C., is hereby employed and appointed as the City’s Project Consultant to coordinate development and implementation of the City’s various continuing and ongoing economic development projects in order to obtain consistency among the various projects as well as the best and most efficient use of City funds to be expended upon same, through innovative and efficient planning of expenditure of City resources. SECTION 4. The City Council hereby authorizes and directs its President, Mayor and Clerk of the City, and such other officials of the City as may be appropriate to do any and all things necessary and incidental to carry out the provisions of this resolution. SECTION 5. If any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this resolution which can be given effect without the invalid provisions, items or applications, and to this end, the provisions of this resolution are hereby declared to be severable. SECTION 6. This Resolution shall take effect immediately. This resolution having been submitted to a vote by a motion by Mr. Timothy Larkin and second by Mr. David Montgomery, the vote thereon was as follows: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams and Mr. Free NAYS: none ABSENT: Mr. Harvey ABSTAIN: none ADOPTED AND APPROVED this 18th day of September, 2018. ________________________ JEFF FREE, President ATTEST: __________________________ Jennifer Emert Acting City Clerk (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. __________________________ JEFF FREE, President ATTEST: ____________________________ Jennifer Emert Acting City Clerk STATE OF LOUISIANA CITY OF BOSSIER CITY I, JENNIFER EMERT, certify that I am the duly qualified and acting Clerk of the City Council of Bossier City, Louisiana. I further certify that the foregoing is a true and correct copy of an excerpt from the minutes of a regular meeting of the City Council, held on September 18, 2018, 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 18th day of September, 2018. _________________________________ JENNIFER EMERT Acting City Clerk The following Resolution offered and adopted: RESOLUTION 73 Of 2018 A RESOLUTION AUTHORIZING THE HIRING OF ONE LABORER II 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, one Laborer II 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. Don Williams, and seconded by Mr. David Montgomery, and adopted on the 18th day of September, 2018, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams and Mr. Free NAYS: none ABSENT: Mr. Harvey ABSTAIN: none _____________________________________ Jeff Free, President ______________________________________ Jennifer Emert, Acting City Clerk The following Resolution offered and adopted: RESOLUTION 74 Of 2018 A RESOLUTION AUTHORIZING THE HIRING OF Housing Rehabilitation Specialist, FOR THE Community Development 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 Housing Rehabilitation Specialist 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, and adopted on the 18th day of September, 2018, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams and Mr. Free NAYS: none ABSENT: Mr. Harvey ABSTAIN: none _____________________________________ Jeff Free, President ______________________________________ Jennifer Emert, Acting City Clerk The following Resolution offered and adopted: RESOLUTION 75 Of 2018 A RESOLUTION AUTHORIZING THE HIRING OF ONE COMMUNICATON OFFICER FOR THE BOSSIER CITY POLICE 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 a Communication Officer is vacant due to resignation. 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. Don Williams, and seconded by Mr. David Montgomery, and adopted on the 18th day of September, 2018, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams and Mr. Free NAYS: none ABSENT: Mr. Harvey ABSTAIN: none _____________________________________ Jeff Free, President ______________________________________ Jennifer Emert, Acting City Clerk By: Mr. Montgomery, Jr. Motion to approve Report of Change Order No. 1 for CenturyLink Center Upgrades and increase of $176,578.75. Total cost of contract with Change Order $874,578.75. Seconded by Mr. Irwin No comment Vote in favor of motion is unanimous By: Mr. Williams Motion to approve Parade Permit Fee Waiver for the Northwest Louisiana Race for the Cure, September 29, 2018. Seconded by Mr. Montgomery, Jr. No comment Vote in favor of motion is unanimous The following Resolution offered and adopted: RESOLUTION NO. 76 OF 2018 A RESOLUTION ENDORSING AND URGING THE IMPLEMENTATION OF THE RECOMMENDATIONS SET FORTH HEREIN TO THE NLCOG THOROUGHFARE PLAN DRAFT _________________________________________________________________ WHEREAS, the Bossier City Council desires that NLCOG communicate to the users of the NLCOG Thoroughfare Plan that private property rights exist. WHEREAS, the Bossier City Council desires that NLCOG formally notify property owners. WHEREAS, the Bossier City Council desires that NLCOG plainly state how property is to be regulated. WHEREAS, the Bossier City Council desires that NLCOG state rules, regulations and procedures for implementing guidance and reliance on the plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of Bossier City, Louisiana, in regular session convened, that the Bossier City Council endorses and urges the implantation of the recommendations set forth herein to the NLCOG Thoroughfare Plan Draft. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of Bossier City, Louisiana, in regular session convened, that the following recommendations be implemented into the Regional Thoroughfare Plan: RECOMMENDATION #1 Communicate to the users of this plan that private property rights exist. Set forth a statement that privately owned property rights are protected by the 5th Amendment of the United States Constitution. Governments may exercise their right of eminent domain to take property that is required for a public purpose but must do so only with just compensation. If Governments, Commissions, Councils, Land Title Attorneys and Bureau staffs will be relying on this document, it is imperative that it be explicit. RECOMMENDATION #2 Formally notify property owners. Successfully inform them the plan states that it will identify corridors to be preserved for new roads. Advise them their property is in a corridor. • For those Property owners that own land that is to be preserved – Notify them by mail, prior to the adoption of the plan that their land has been selected to be preserved. • Provide a Public meeting opportunity in the form of a workshop with 2 purposes: 1. Allow property owners to - a. Find out in a general way what they should expect. b. Find out what type of roadway is planned to be built on their property. c. Find out about development limitations or restrictions. d. Find out how their property improvement plans conflict and what to do. e. Find out approximate timeline for their project. f. Find out how and when they will be compensated for their property. g. Find out how to plan their own property use. 2. Allow planning officials to – a. Find out potential conflicts that property owners are aware of – b. Existence of major improvements c. Existence of known conflicts…wetlands, cultural artifacts, natural barriers Failure to inform owners is the first step to misunderstanding. It is the government’s obligation to take this simple step. RECOMMENDATION #3 Plainly state how property is to be regulated. Presently, the plan states - (page 22) “Before a transaction for a building permit or subdivision of property may occur, the local governments staff refer to the maps, GIS and Plan to determine if a transaction is with the corridor”. • The plan logically should state what happens next. (a process?) • The plan logically should state what the next steps private property owners should take. • Successfully assure owners are aware of the rights of the government • Successfully what steps local government’s staffs should take. • Successfully assure that government bureaus are aware of the rights of private property owners, NEPA limitations, and other guidance critical to administering the plan and process. Setting forth these steps in this plan will assure order and help governments and private property owners know when they will be expected to act. RECOMMENDATION #4 State rules, regulations and procedures for implementing guidance and reliance on the plan Set forth rules, regulations and a process to the public and to the governing bodies to follow – By way of example - • Rules for adding, removing or modifying corridors. • Statement to title abstractors on how to report the encumbrance. • Statement to real estate appraisers on how to report the encumbrance. • Regulatory authority and a process for notifying landowners. • Statement of who will have notification responsibility and authority. • Statement of who will respond to citizens inquiries? • Statement of who will administer owner’s appeal process? • Statement of what authorities are granted? It is the absence of a clear statement of rules, regulations, processes and authority that miscommunication, abuse and fault are born out of. To the contrary, vague and topical statements of concepts stated in regulatory documents by their very nature will assure troubling results. The above and foregoing Resolution was read in full at open and legal session convened, was on motion of Mr. David Montgomery, and seconded by Mr. Don Williams, and adopted on the 18th day of September, 2018, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams and Mr. Free NAYS: none ABSENT: Mr. Harvey ABSTAIN: none _____________________________________ Jeff Free, President ______________________________________ Jennifer Emert, Acting City Clerk The following Resolution offered and adopted: RESOLUTION NO. 77 OF 2018 A RESOLUTION ESTABLISHING A STANDING ROADWAY COMMITTEE _________________________________________________________________ WHEREAS, Bossier City does not have a comprehensive roadway plan; and WHEREAS, adopting a roadway plan will provide better long range planning including monitoring funding, design and construction progress; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Bossier City, Louisiana, in regular session convened, that a Standing Roadway Committee shall be established consisting of the (2) at large councilmembers and the president of the council or his designee. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of Bossier City, Louisiana, in regular session convened, that the committee shall pursue the adoption of a Roadway Plan and the implementation of said plan. The above and foregoing Resolution was read in full at open and legal session convened, was on motion of Mr. David Montgomery, and seconded by Mr. Scott Irwin, and adopted on the 18th day of September, 2018, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams and Mr. Free NAYS: none ABSENT: Mr. Harvey ABSTAIN: none _____________________________________ Jeff Free, President ______________________________________ Jennifer Emert, Acting City Clerk Announcement read by Acting City Clerk Jennifer Emert – An Ordinance authorizing the sale of 13.70 acres of land located on the Northwest corner of Coleman Street and Bearkat Drive jointly owned by the City of Bossier and Bossier Parish Police Jury to Dapper Holdings, LLC for the appraised value pursuant to Louisiana R.S. 33:4717.2 will be up for final adoption on October 2, 2018, 3:00 PM at the Bossier City Council Regular Meeting. There being no further business to come before this Council, meeting adjourned at 4:16PM by Mr. Free Respectfully submitted: Phyllis McGraw City Clerk Publish: September 12, 2018 Bossier Press Tribune