City Council

PROCEEDINGS OF THE CITY COUNCIL OF BOSSIER CITY STATE OF LOUISIANA TAKEN AT A REGULAR MEETING APRIL 21, 2020 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, April 21, 2020, at 3:00 PM Invocation was given by Council Member Scott Irwin Pledge of Allegiance led by Council Member David Montgomery, Jr. City Clerk, Phyllis McGraw, read the following statement: In accordance with the Governors Proclamation Number JBE 2020-30 – Section 4, any citizen that wishes to observe the City Council Meetings live may do so at http://bossiercity.org/373/Live-Stream and Suddenlink channel 12. The Bossier City Council will do it’s best to allow for public participation during this meeting and all future meetings until the Governor’s order has been rescinded. Since we can only have 10 people in the chambers for the meeting, the public comments can also be made via electronic devices. In accordance with LA. R.S. 42:19 and Attorney Generals Open Meetings Guidance, in order to meet quorum requirements, some Bossier City Council Members may be involved in the meeting via telephone or Video Conference. If you have any comments that you would like to make on any agenda item, you can email those comments to cityclerk@bossiercity.org and they will be read into record. Also during the meeting if you have any comments on the agenda item being considered, you may call 318-549-4595 and you will be placed on speaker phone to make your comments. You must state your name and address for the record and you will be limited to 3 minutes for your comments. We will allow 5 for an item and 5 against an item in accordance with Adopted City Council Meeting Rules. Please remember that this is not a question and answer session and that you must speak clearly and slowly so that we can understand you. Please no foul language or the call will be disconnected and you will forfeit your right to speak. Since we are allowing for a public comment period, agenda items will take longer than usual because we will allow 30 seconds between the reading of the item and the vote being taken, for any public comment. Roll Call as follows: Present: Honorable, President Scott Irwin, Honorable Councilors David Montgomery, Jr., Timothy Larkin, Jeffery Darby (conference call), Don Williams, Jeff Free and Thomas Harvey Also Present: Mayor, Lorenz Walker, City Attorney, Jimmy Hall and City Clerk, Phyllis McGraw By: Mr. Williams Motion to approve the minutes of the April 7, 2020 Regular meeting and dispense with the reading Seconded by Mr. Free No comment Vote in favor of motion is unanimous By: Mr. Williams Motion to approve Agenda. Seconded by Mr. Free No comment Vote in favor of motion is unanimous Unfinished Business – The following Ordinance offered and adopted: Ordinance No. 43 Of 2020 AN ORDINANCE TO APPROPRIATE $38,500 TO COME FROM THE HOTEL/MOTEL TAX FUND TO BE USED FOR THE PURCHASE OF KITCHEN SMALL WARES FOR THE CENTURYLINK CENTER WHEREAS, the City of Bossier City is the owner of the Centurylink Center;and WHEREAS, funds are needed to purchase kitchen small wares for the Centurylink Center; NOW, THEREFORE, BE IT ORDAINED that the City Council of Bossier City, Louisiana, in regular session convened, does hereby appropriate $38,500 to come from the Hotel/Motel Tax Fund for the purchase of kitchen small wares for the Centurylink Center. 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. Jeff Free, and adopted on the 21st, day of April, 2020, 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 ____________________________ ____________________________ Scott Irwin, President Phyllis McGraw, City Clerk The following ordinance having been introduced at a duly convened meeting on April 7, 2020, notice of its introduction having been published in the official journal 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. David Montgomery, Jr. and seconded by Mr. Timothy Larkin: ORDINANCE NO. 44 OF 2020 AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT EXCEEDING ONE HUNDRED THIRTY MILLION DOLLARS ($130,000,000) OF TAXABLE UTILITIES REVENUE REFUNDING BONDS, SERIES 2020, OF THE CITY OF BOSSIER CITY, STATE OF LOUISIANA, IN ACCORDANCE WITH THE TERMS OF THE GENERAL BOND ORDINANCE ADOPTED ON JULY 6, 2010; PROVIDING FOR THE SALE OF SUCH BONDS; AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the City of Bossier City, State of Louisiana (the "City"), now owns and operates waterworks and wastewater systems (collectively, the "System") as a combined revenue- producing work of public improvement; and WHEREAS, on July 6, 2010, this City Council of the City of Bossier City, State of Louisiana (the "Governing Authority") adopted General Bond Ordinance No. 67 of 2010 entitled: "A General Bond Ordinance authorizing the issuance from time to time of Wastewater Revenue Bonds of the City of Bossier City, State of Louisiana; prescribing the form, and certain terms and conditions of said Bonds; establishing funds and accounts relating to said Bonds; providing for the payment thereof in principal and interest; and providing for other matters in connection therewith" (the "General Bond Ordinance"), which authorizes the issuance of utilities revenue bonds and utilities revenue refunding bonds from time to time for the purposes described therein; and WHEREAS, the City currently has outstanding the following bonds payable from a pledge and dedication of the net revenues of the System: i. Utilities Revenue Bonds, Series 2010 (the "Series 2010 Bonds"), dated November 1, 2010, issued in the original principal amount of $22,000,000 pursuant to the General Bond Ordinance and the First Supplemental Bond Ordinance No. 89 of 2010 adopted by the Governing Authority on September 21, 2010, as amended and supplemented by Supplemental Resolution No. 44 of 2010 adopted by the Governing Authority on November 2, 2010 (collectively, the "First Supplemental Ordinance"); ii. Utilities Revenue Refunding Bonds, Series 2010 (the "Series 2010 Refunding Bonds"), dated December 15, 2010, issued in the original principal amount of $13,500,000 pursuant to Ordinance No. 101 of 2010 adopted by the Governing Authority on October 5, 2010, as amended and supplemented by Resolution No. 47 of 2010 adopted by the Governing Authority on November 16, 2010; iii. Taxable Utilities Revenue Bonds, Series 2014 (the "Taxable Series 2014 Bonds"), dated August 28, 2014, issued in the original principal amount of $10,000,000 pursuant to the General Bond Ordinance and the Second Supplemental Bond Ordinance No. 38 of 2014 adopted by the Governing Authority on May 6, 2014 (the "Second Supplemental Ordinance"); iv. Utilities Revenue Bonds, Series 2014 (the "Series 2014 Bonds"), dated August 12, 2014, issued in the original principal amount of $22,000,000 pursuant to the General Bond Ordinance and the Third Supplemental Bond Ordinance No. 56 of 2014 adopted by the Governing Authority on July 15, 2014 (the "Third Supplemental Ordinance"); v. Utilities Revenue Refunding Bonds, Series 2014 (the "Series 2014 Refunding Bonds"), dated October 14, 2014, issued in the original principal amount of $114,070,000 pursuant to the General Bond Ordinance and the Fourth Supplemental Bond Ordinance No. 73 of 2014 adopted by the Governing Authority on September 9, 2014 (the "Fourth Supplemental Ordinance"); vi. Taxable Utilities Revenue Bonds, Series 2016 (the "Series 2016 Bonds"), dated June 22, 2016, issued in the original principal amount of $10,000,000 pursuant to the General Bond Ordinance and the Fifth Supplemental Bond Ordinance No. 45 of 2016 adopted by the Governing Authority on May 3, 2016 (the "Fifth Supplemental Ordinance"); vii. Taxable Utilities Revenue Bonds, Series 2017 (the "Series 2017 Bonds"), dated October 27, 2017, issued in the original principal amount of $13,000,000 pursuant  to the General Bond Ordinance and the Sixth Supplemental Bond Ordinance No. 108 of 2017 adopted by the Governing Authority on September 5, 2017 (the "Sixth Supplemental Ordinance"); viii. Taxable Utilities Revenue Bonds, Series 2020 (the "Series 2020 Bonds"), dated April 1, 2020, issued in the original principal amount of $8,000,000 pursuant to the General Bond Ordinance and the Seventh Supplemental Bond Ordinance No. 19 of 2020 adopted by the Governing Authority on February 18, 2020 (the "Seventh Supplemental Ordinance"); WHEREAS, the General Bond Ordinance, as supplemented and amended by the First Supplemental Ordinance, the Second Supplemental Ordinance, the Third Supplemental Ordinance, the Fourth Supplemental Ordinance, the Fifth Supplemental Ordinance, the Sixth Supplemental Ordinance and the Seventh Bond Supplemental Ordinance, is collectively referred to herein as the "Bond Ordinance," and capitalized terms used but not defined herein shall have the meaning given such terms in the Bond Ordinance; and WHEREAS, the City has found and determined that the refunding of all or a portion of the Series 2014 Bonds and Series 2014 Refunding Bonds (such Series 2014 Bonds and Series 2014 Refunding Bonds being refunded are hereinafter referred to collectively as the "Refunded Bonds"), would be financially advantageous to the City; and WHEREAS, pursuant to Part II of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority (the "Act"), it is now the desire of this Governing Authority to adopt this ordinance to provide for the issuance of not exceeding One Hundred Thirty Million Dollars ($130,000,000) of its Taxable Utilities Revenue Refunding Bonds, Series 2020 (the "Bonds"), for the purpose of (i) refunding the Refunded Bonds, (ii) paying the cost of a reserve fund surety, if required, and (iii) paying the costs of issuance of the Bonds, and to sell the Bonds to the purchaser thereof; and WHEREAS, after the delivery of the Bonds, the City will have no outstanding bonds or other obligations of any kind or nature payable from or enjoying a lien on the Net Revenues of the System, EXCEPT (i) any unrefunded Series 2014 Bonds, (ii) any unrefunded Series 2014 Refunding Bonds, (iii) the Series 2010 Bonds, (iv) the Series 2010 Refunding Bonds, (v) the Taxable Series 2014 Bonds, (vi) the Series 2016 Bonds, (vii) the Series 2017 Bonds and (viii) the Series 2020 Bonds (collectively, the "Outstanding Parity Bonds"); and WHEREAS, the State Bond Commission approved the issuance of the Bonds at its meeting held on [April 16, 2020]; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Bossier City, State of Louisiana, acting as governing authority of the City of Bossier City, State of Louisiana, that: SECTION 1. Authorization and Sale of Bonds. This Ordinance authorizes a series of bonds of the City to be designated "Taxable Utilities Revenue Refunding Bonds, Series 2020, of the City of Bossier City, State of Louisiana"; provided, however, that said designation may change in the event the Bonds are delivered after calendar year 2020 or the tax status of the Bonds changes. The Bonds shall be issued pursuant to and in accordance with the terms of the Bond Ordinance, shall bear interest at rates of interest per annum not exceeding 5% per annum, shall mature not later than October 1, 2043, and shall become due and payable and mature on October 1 of the years and in the amounts as set forth in the Bond Purchase Agreement between the City and the Underwriter (as hereinafter defined). SECTION 2. The Bonds are hereby authorized to be sold to Stifel, Nicolaus & Company Incorporated, of Baton Rouge, Louisiana (the "Underwriter"), and the Executive Officers, or any of them, are hereby authorized to execute a Bond Purchase Agreement in substantially the form attached hereto as Exhibit A, provided that the sale of the Bonds (i) is within the parameters set forth above in this Section and (ii) produces minimum net present value savings (after payment of all costs) in excess of the Minimum Present Value Savings to Refund guidelines of the State Bond Commission. The Bond Purchase Agreement may provide for the purchase of a reserve fund surety in the event any Executive Officers, on behalf of the City, find and determine that the purchase of such surety will be of benefit. In such event, the Executive Officers are hereby authorized to execute all documents and agreements necessary and appropriate in connection with obtaining and securing the reserve fund surety. SECTION 3. Preliminary Official Statement. The City hereby authorizes the preparation of the Preliminary Official Statement pertaining to the Bonds and approves its use by the Underwriter in connection with the sale of the Bonds. SECTION 4. Authorization of Escrow Securities. Any subscription or commitment for the purchase of securities to be deposited in escrow upon delivery of the Bonds, including but not limited to Treasury Securities – State and Local Government Series and/or open market securities, is hereby approved to the extent necessary for the purposes set forth herein. SECTION 5. Execution of Documents. The Executive Officers are hereby empowered, authorized and directed to take any and all action and to execute and deliver any instrument, document or certificate necessary to effectuate the purposes of this Ordinance. SECTION 6. Effective Date. This Ordinance shall be in full force and effect ten (10) days from the date of its publication. 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. Timothy Larkin, and adopted on the 21st, day of April, 2020, 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 And the Ordinance was declared adopted on this, the 21st day of April, 2020. _____________________ Scott Irwin, President _________________________  Phyllis McGraw, City Clerk EXHIBIT A FORM OF BOND PURCHASE AGREEMENT STATE OF LOUISIANA PARISH OF BOSSIER I, the undersigned City Clerk of the City of Bossier City, State of Louisiana (the "City"), do hereby certify that the foregoing pages constitute a true and correct copy of Ordinance No. 44 of 2020 adopted by City Council of the City of Bossier City, State of Louisiana (the "Governing Authority"), on April 21, 2020, authorizing the issuance of not exceeding One Hundred Thirty Million Dollars ($130,000,000) of Taxable Utilities Revenue Refunding Bonds, Series 2020, of the City of Bossier City, State of Louisiana (the "Bonds"), in accordance with the terms of the General Bond Ordinance adopted on July 6, 2010; providing for the sale of such bonds; and providing for other matters in connection therewith. IN FAITH WHEREOF, witness my official signature on this, the 21st day of April, 2020. City Clerk The following Ordinance offered and adopted: Ordinance No. 45 Of 2020 ADOPT AN ORDINANCE AMENDING ORDINANACE 10 OF 2019 APPROPRIATING AN ADDITIONAL $1,000,000.00 FROM THE SEWER CAPITAL CONTINGENCY FUND FOR THE UNFORESEEN REPAIRS TO THE SEWER SUB-BASIN BC-14 REHABILITATION PROJECT WHEREAS, due to an abundance of unknowns encountered along Hwy 80 that have significantly escalated the costs associated with this work. These costs have been reviewed and are commensurate with Lawler Construction’s contracted unit prices and in accordance with their Contract. The nature of the work is complex requiring removal and replacement of water mains, stabilization of fiber optic duct banks, 18’ feet deep excavations and a water table sitting just below the ground surface; and WHEREAS, this is an important component of Bossier’s wastewater infrastructure. Therefore, after thoroughly reviewing previously approved Work Change Directives and assessing the extent of work required to complete this project, the City is recommending a budget amendment of $1M to this project. This will ensure successful completion of all needed sewer rehabilitative measures within Bossier City Sewer Basin 14, and more specifically along U.S. Highway 80. NOW, THEREFORE, BE IT ORDAINED by the City Council of Bossier City, Louisiana, in regular session convened, that the Bossier City Council does hereby amend Ordinance 10 of 2019 and authorize the transfer of $1,000,000.00 from the Sewer Capital Contingency Fund. 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. Timothy Larkin, and adopted on the 21st, day of April, 2020, 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 ____________________________ Scott Irwin, President ____________________________ Phyllis McGraw, City Clerk The following Ordinance offered and adopted: Ordinance No. 46 Of 2020 AN ORDINANCE AUTHORIZING MAYOR LORENZ WALKER TO ENTER INTO THE ATTACHED AMENDED 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 and utilities across the parish including the City by improving streets, roads and utilities. NOW, THEREFORE, BE IT ORDAINED, that Mayor Lorenz Walker is hereby authorized to execute the amended 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 in the agreement attached hereto. 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 in the agreement attached hereto. 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. Thomas Harvey, and adopted on the 21st, day of April, 2020, 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 ____________________________ Scott Irwin, President ____________________________ Phyllis McGraw, City Clerk The following Ordinance offered and adopted: Ordinance No. 47 Of 2020 AN ORDINANCE AMENDING ORDINANCE 85 OF 2018, BY CHANGING THE ZONING CLASSIFICATION OF A CERTAIN TRACT OF LAND CONTAINING 4.391 ACRES, MORE OR LESS, SITUATED IN SECTION 9, TOWNSHIP 18 NORTH, RANGE 13 WEST, BOSSIER PARISH, LOUISIANA FROM B-2 (LIMITED BUSINESS) TO B-3 (GENERAL BUSINESS) FOR FUTURE COMMERCIAL USE AND MODIFYING THE FENCING REQUIREMENTS SET FORTH THEREIN. WHEREAS, on August 7, 2018 the Council heard and approved a zoning amendment for a tract of land being 4.3914 acres, more or less, from B-2 (Limited Business) to B-3 (General Business) for Momentum Commercial Development, with a clause that included a concrete divider like the one built in Provident Oaks; and WHEREAS, the 8’-10’ wall was erected on the north and west side of the zoned tract of land, better known as Flying Burger and Seafood and Andy’s Frozen Custard. This property is generally located west of Airline Dr., adjacent to Greenacres Place Subdivision and Meadowcreek Townhomes; and  WHEREAS, Momentum Commercial Development is now proposing to improve the remaining acreage that abuts Meadowcreek Townhomes; in lieu of the 8’-10’ wall , a 5’ wrought iron fence and a 90’ section of a 5’ brick wall; and WHEREAS, at a regular meeting held on Monday, March 9, 2020, the MPC Board voted unanimously to approve their request. NOW, THEREFORE, BE IT ORDAINED, by the City Council of Bossier City, Louisiana, in regular session convened, that the Bossier City Council does hereby amend this ordinance to allow in lieu of the 8’-10’ wall, a 5’ wrought iron fence and a 90’ section of a 5’ brick wall abutting Meadowcreek Townhouses. The above and foregoing Ordinance was read in full at open and legal session convened, was on motion of Mr. Thomas Harvey, and seconded by Mr. David Montgomery, Jr., and adopted on the 21st, day of April, 2020, 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 ____________________________ Scott Irwin, President ____________________________ Phyllis McGraw, City Clerk New Business – Agenda Item called - Read Bids for Bid #P20-13 Field of Dreams Restroom 3GEN Construction, LLC $678,618.60 Boggs & Poole Contracting Group $574,000.00 ELA Group, Inc. $608,765.00 By: Mr. Montgomery, Jr. Motion to approve reading of bids. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous By: Mr. Montgomery, Jr. Motion to introduce an Ordinance to appropriate $18 Million from the 2018 Sales Tax Bond Fund into the Walter O. Bigby Carriageway Fund. Seconded by Mr. Larkin Mr. Montgomery and Ms. Fernandez went over the funding spent to date and total amount of project. Funds spent to date $10 Million and total project is estimated at $60 Million. No further comment Vote in favor of motion is unanimous By: Mr. Montgomery, Jr. Motion to introduce an Ordinance to appropriate $2 Million from the Riverboat Gaming Trust Fund into the Walter O. Bigby Carriageway Fund. Seconded by Mr. Larkin No comment Vote in favor of motion is unanimous By: Mr. Montgomery, Jr. Motion to introduce an Ordinance to fund Mack's Bayou Rehabilitation Project for a project cost of $1,120,000.00 to come from the 2019 River Boat Capital Projects Fund and 2014 Utility Bond Issue. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous The following Resolution offered and adopted: RESOLUTION# 37 Of 2020 A RESOLUTION FOR THE BOSSIER CITY COUNCIL TO APPROVE THE USE OF BOSSIER CITY WATER AT 4819 BENTON ROAD TO SERVE A NEW COMMERCIAL BUSINESS. WHEREAS, ; Ordinance 79 of 2014 requires that all commercial use of Bossier City water outside the city limits requires approval of the Bossier City Council; and WHEREAS, all permit fees, impact fees, and all other rules and regulations shall apply; and NOW, THEREFORE, BE IT RESOLVED in regular session convened that the Bossier City Council does hereby approve the use of Bossier City water at 4819 Benton Road to serve a new commercial business; 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 21st, day of April, 2020, 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 ____________________________ Scott Irwin, President ___________________________ Phyllis McGraw, City Clerk By: Mr. Williams Motion to approve Report of Change Order #3 for the WTP Transmission Mains project for an increase of $149,089.35. Total cost of contract with change order is $2,533,259.08. Seconded by Mr. Montgomery, Jr. No comment Vote in favor of motion is unanimous By: Mr. Williams Motion to approve Report of Change Order #2 for the Sewer-Sub Basin BC-15 Project for an increase of $28,797.99. Total of contract with increase $2,053,516.39. Seconded by Mr. Larkin No comment Vote in favor of motion is unanimous By: Mr. Harvey Motion to approve Report of Final Change Order for the City Wide Street Pavement Markings an increase of $79,607.60. Total of contract with increase $276,055.50. Seconded by Mr. Lakin No comment Vote in favor of motion is unanimous There being no further business to come before this Council, the meeting adjourned at 3:33PM by Mr. Irwin Respectfully submitted: Phyllis McGraw City Clerk Publish: April 29, 2020 Bossier Press Tribune