City Council

PROCEEDINGS OF THE CITY COUNCIL OF BOSSIER CITY STATE OF LOUISIANA TAKEN AT A REGULAR MEETING MAY 5, 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, May 5, 2020, at 3:00 PM Invocation was given by Council Member Scott Irwin Pledge of Allegiance led by Council Member Thomas Harvey 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best to allow for public participation during this meeting and all future meetings until the Governor’s order has been rescinded.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. Montgomery, Jr. Motion to approve the minutes of the April 21, 2020 Regular meeting and dispense with the reading Seconded by Mr. Harvey 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. 48 OF 2020 AN ORDINANCE TO APPROPRIATE $18 MILLION FROM THE 2018 SALES TAX BOND FUND INTO THE WALTER O. BIGBY CARRIAGEWAY FUND. WHEREAS; additional funding is required to complete the Walter O. Bigby Carriageway with funds to be used for (but not limited to) right-of-way, design, construction, permitting fees, and project management; WHEREAS; $18 Million is available in the 2018 Sales Tax Bond Fund; NOW, THEREFORE, BE IT ORDAINED, in regular session convened that the Bossier City Council does hereby appropriate $18 Million from the 2018 Sales Tax Bond Fund into the Walter O. Bigby Carriageway Fund; 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. David Montgomery, Jr. and seconded by Mr. Timothy Larkin, and adopted on the 5th day of May, 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. 49 OF 2020 AN ORDINANCE TO APPROPRIATE $2 MILLION FROM THE RIVERBOAT GAMING TRUST FUND INTO THE WALTER O. BIGBY CARRIAGEWAY FUND. WHEREAS; additional funding is required to complete the Walter O. Bigby Carriageway with funds to be used for (but not limited to) right-of-way, design, construction, permitting fees, and project management; WHEREAS; $2 Million is available in the Riverboat Gaming Trust Fund; NOW, THEREFORE, BE IT ORDAINED, in regular session convened that the Bossier City Council does hereby appropriate $2 Million from the Riverboat Gaming Trust Fund into the Walter O. Bigby Carriageway Fund;  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. David Montgomery, Jr. and seconded by Mr. Don Williams, and adopted on the 5th day of May, 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. 50 Of 2020 ADOPT AN ORDINANCE TO FUND MACK’S BAYOU REHABILITATON 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 WHEREAS, the City is recommending making improvements to Mack’s Bayou. WHEREAS, the City request the appropriation of $700,000.00 to come from the 2019 River Boat Capital Projects Fund and $420,000.00 to come from the 2014 Utility Bond Issue. NOW, THEREFORE, BE IT ORDAINED by the City Council of Bossier City, Louisiana, in regular session convened, that the Bossier City Council does hereby approve an ordinance to appropriate $700,000.00 to come from the 2019 River Boat Capital Projects Funds and $420,000.00 will come from the 2014 Utility Bond Issue. The above and foregoing Ordinance was read in full at open and legal session convened, was on motion of Mr. David Montgomery, Jr., seconded by Mr. Timothy Larkin, and adopted on the 5th day of May, 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. 51 OF 2020 AN ORDINANCE TO AMEND ORDINANCE 133 of 2018 FOR THE PURPOSE OF AMENDING VARIOUS ARTICLES OF THE UNIFIED DEVELOPMENT CODE AS A RESULT OF A REGULAR GENERAL REVIEW OF THE DOCUMENT. WHEREAS, the Bossier City-Parish Metropolitan Planning Commission held a public hearing on March 9, 2020 to review the proposed amendments; and WHEREAS, the proposed amendments received a FAVORABLE recommendation from the MPC; and NOW THEREFORE BE IT ORDAINED, the following Sections of the Unified Development Code have been added or amended to read as follows: (New language is underlined) Section 3.6.1 H. Appeal Any party aggrieved by the Board’s determination may appeal such Determination to the District Court of Bossier Parish within 30 days. 1. Within six (6) months of the date of denial, a subsequent application for the same approval will not be reviewed or heard unless there is a substantial new evidence available, or if a significant mistake of law or fact affected the prior denial. 2. If the application is resubmitted earlier than six (6) months from the date of the denial, the subsequent application must include a detailed statement of the grounds justifying its consideration. 3. The Executive Director will make a determination as to whether the subsequent application is appropriate for resubmittal prior to the expiration of the six (6) month wait requirement. If the Executive Director finds that there are no new grounds for consideration of the subsequent application, he/she will summarily, and without hearing, deny the request. 5.3 Use Table Delete “Furniture Store” as a “Provisional Use” from the B-4 Business District. Add “Private Event Center” as “Conditional Use’ in the B-2 Business District and As a “Permitted Use” in the B-3 Business District. Section 5.4.3 D.3. Examples Examples include city and parish administrative offices, maintenance  Facilities, fire stations, police stations and emergency medical and Ambulance stations, detention centers, post offices, and local, state or federal offices. a. Detention Centers may only be permitted as a Conditional Use following the procedures of Section 3.3.2 of this code. Section 5.7.3 V. Permitted Uses 24. Restaurants, delicatessens, and cafes. No Drive-Thru window or service is permitted. Section 10.4.1 All applications for a telecommunications facility require Conditional Use from the MPC. A preliminary and a public hearing are required, unless indicated otherwise. Small Cell technology poles, when located on private property, shall require a public hearing only. Table 12.5.6 Off Street Parking Requirements Add the use “Personal Storage Facility” to the table with a minimum parking requirement of 1 space per 50 Units. Section 13.8.5 Credit for Existing Trees A. Existing trees, which are located within the front yard, that have either been preserved or replanted and meet the minimum standards of the following tree credit schedule may be substituted or credited against the requirements. Tree planting standards are as follows. Fractional measurements shall be rounded to the nearest whole number. Caliper width shall be measured at a point 4 feet above natural grade level. Section 18.2 General Definitions Add the definition “Accessory Dwelling Unit” An Accessory Dwelling Unit (ADU is a smaller, independent residential dwelling located on the same lot as a stand-alone, detached single family home. An ADU may only be approved as a “Conditional Use” and shall comply with the requirements of Section 5.6.2 of this code. Add the definition “Event Center (Private)” A private event center is a privately owned- multi-purpose venue facility hosting special events, such as but not limited to, weddings parties, holiday gatherings or events, or general get-togethers. A private event center could typically have a catering kitchen, indoor or outdoor seating and may or may not sell or dispense alcoholic beverages. Motion by Mr. David Montgomery, Jr., and seconded by Mr. Thomas Harvey and adopted on the 5th day of May, 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 - Hearing to review the recommendation of demolition and removal of a dilapidated structure located at the following legal address: 511 Kelly St., Bossier City, Louisiana 71111. Property Standards Robert Guyton went over process. City appointed attorney Robert Pugh went over the notification process. City Attorney, Jimmy Hall, reported that he thought that the owners had plenty of notification of meeting. By: Mr. Williams Motion to approve demolition as soon as legally possible. Seconded by Mr. Montgomery, Jr. Vote in favor of motion is unanimous Agenda Item Called - Hearing to review the recommendation of demolition and removal of a dilapidated structure located at the following legal address: 2454 Lamar., Bossier City, Louisiana 71112. Property Standards Roger Voet went over process. City appointed attorney Robert Pugh went over the notification process. By: Mr. Williams Motion to approve demolition as soon as legally possible. Seconded by Mr. Montgomery, Jr. 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 Manchac Engineering Group, Inc. and appropriating Two Million One Hundred ($2.1 Million) from the Walter O. Bigby Carriageway Fund for Services to be provided in conjunction with said agreement. Seconded by Mr. Williams Questions from Mr. Darby, Mr. Larkin and Mr. Harvey about contract and need for it and how it would work with current engineer. Dialogue can be reviewed on the video on the City website. No further comment Motion carried with the following vote: Yeas: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Williams and Mr. Free Nays: Mr. Darby and Mr. Harvey Absent: none Abstain: none By: Mr. Montgomery, Jr. Motion to introduce an Ordinance appropriating One Hundred Ten Thousand ($110,000.00) from the Hotel Motel Taxes Fund for Kitchen and Concession Equipment Improvements to the Bossier City Civic Center. Seconded by Mr. Harvey No comment Motion carried with the following vote: Yeas: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Williams, Mr. Free and Mr. Harvey Nays: Mr. Darby Absent: none Abstain: none By: Mr. Montgomery, Jr. Motion to introduce an Ordinance authorizing the City of Bossier City, State of Louisiana, to proceed with a not to exceed $50,000,000 financing through the Louisiana Local Government Environmental Facilities and Community Development Authority and providing for other matters in connection therewith. Seconded by Mr. Larkin No comment Motion carried with the following vote: Yeas: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Williams, Mr. Free and Mr. Harvey Nays: Mr. Darby Absent: none Abstain: none The following Resolution offered and adopted: RESOLUTION NO. 38 OF 2020 A RESOLUTION AUTHORIZING THE HIRING OF ANOTHER ASSISTANT MEDICAL DIRECTOR FOR THE BOSSIER CITY FIRE DEPARTMENT __________________________________________________________________ WHEREAS, this expanded medical coverage will provide the ability to develop a pandemic plan and protocols for not only COVID-19 but also for future pandemics; and WHEREAS, the addition of Dr. Robert C. Smith, II, M.D. will allow the establishment of in house medical care to assist in keeping front line employees at work and avoiding the delays inherent in the normal health care process; and WHEREAS, this addition will provide consultation regarding advanced EMS protocols; and WHEREAS, this addition will provide the ability to quickly diagnose and take appropriate action regarding an illness to cut the risk of infection affecting an entire station; and WHEREAS, the cost of the assistant medical directors will be funded by reducing one fire fighter position; and WHEREAS, the two assistant medical directors shall be provided vehicles to facilitate their travel for the purposes of rendering medical care to fire department employees and other essential Bossier City Personnel.  NOW, THEREFORE, BE IT RESOLVED by the City Council of Bossier City, Louisiana, in regular session convened, that the Bossier City Fire Department is hereby authorized to hire Dr. Robert C. Smith, II, M.D. as Assistant Medical Director at an annual salary of twenty five thousand ($25,000.00) and he and Dr. Boyd shall be provided vehicles to facilitate the medical response as needed. 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. Timothy Larkin, and adopted on the 5th day of May, 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 Resolution offered and adopted: RESOLUTION NO. 39 of 2020 A resolution confirming an election date change pursuant to proclamation of the Governor; establishing a new date to canvass the returns of the election; and providing for other matters in connection therewith. WHEREAS, the City Council of the City of Bossier City, State of Louisiana (the "Governing Authority"), acting as the governing authority of the City of Bossier City, State of Louisiana (the "City"), heretofore called for an election to be held on Saturday, May 9, 2020; and WHEREAS, the Governor issued Proclamation Number 28 JBE 2020 on March 13, 2020 and Proclamation Number 46 JBE 2020 on April 14, 2020 (said Proclamations, with any supplements or modifications, herein the “Executive Order”), to reschedule elections due to the Statewide State of Emergency caused by COVID-19; NOW, THEREFORE, BE IT RESOLVED by the Governing Authority, acting as the governing authority of the City, that: SECTION 1. This Governing Authority acknowledges the change in the election date, pursuant to the Executive Order, from May 9, 2020 to August 15, 2020. SECTION 2. This Governing Authority shall meet at its regular meeting place, City Hall, 620 Benton Road, Bossier City, Louisiana, on TUESDAY, SEPTEMBER 15, 2020, at THREE O’CLOCK (3:00) P.M., and shall examine and canvass the returns and declare the result of the said special election. SECTION 3. All provisions of the election call resolution previously adopted by this Governing Authority, other than the change in the election date and the canvass date, shall remain in full force and effect.  SECTION 4. The Mayor and/or City Clerk are further authorized, empowered and directed to take any and all further action required by State and/or Federal authorities to conduct the election. The above and foregoing Resolution, 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 5th day of May, 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 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 the proceedings taken by the City Council of the City of Bossier City, State of Louisiana, acting as governing authority of the City, on May 5, 2020, confirming an election date change pursuant to proclamation of the Governor; establishing a new date to canvass the returns of the election; and providing for other matters in connection therewith. IN FAITH WHEREOF, witness my official signature at Bossier City, Louisiana, on this, the 5th day of May, 2020. ____________________________________ City Clerk The following Resolution offered and adopted: RESOLUTION NO. 40 of 2020 A resolution approving the appointment of a director to represent the City of Bossier City, State of Louisiana on the Board of Directors of the Louisiana Local Government Environmental Facilities and Community Development Authority; and providing for other matters in connection therewith.  WHEREAS, Chapter 10-D of Title 33 of the Louisiana Revised Statutes of 1950, as amended, comprised of La. R.S. 33:4548.1 through 33:4548.16, inclusive, is known as the Louisiana Local Government Environmental Facilities and Community Development Authority Act (the "Act"); and WHEREAS, the Act creates the Louisiana Local Government Environmental Facilities and Community Development Authority (the "Authority") for the purpose of assisting political subdivisions, as defined in the Act, and other designated entities in acquiring, financing and constructing certain facilities, including environmental, public infrastructure, community and economic development purposes and to otherwise establish programs to aid in the financing of local government and economic development projects; and WHEREAS, the City of Bossier City, State of Louisiana (the "City), is a participating political subdivision of the Authority in accordance with the Act; and WHEREAS, pursuant to Section 4548.4 of the Act, this City Council of the City of Bossier City, State of Louisiana, acting as governing authority of the City, desires to approve the appointment of Stacie Fernandez to serve as a Director of the Authority; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bossier City, State of Louisiana (the "Governing Authority"), acting as the governing authority of the City of Bossier City, State of Louisiana (the "City"), that: SECTION 1. Pursuant to the Act, the appointment of Stacie Fernandez to serve as a Director of the Authority for a term of two (2) years from the date hereof is hereby approved. SECTION 2. This Resolution shall become effective immediately, and a certified copy hereof shall be forwarded to the offices of the Authority. The above and foregoing Resolution, read in full at open and legal session convened, was on motion of Mr. Mr. Don Williams and seconded by Mr. David Montgomery, Jr., and adopted on the 5th day of May, 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, Council President Phyllis McGraw, City Clerk STATE OF LOUISIANA PARISH OF BOSSIER I, the undersigned City Clerk of the City of Bossier, State of Louisiana (the "City"), do hereby certify that the foregoing pages constitute a true and correct copy of a resolution adopted by the City Council of the City on May 5th, 2020, approving the appointment of a director to represent the City of Bossier City, State of Louisiana on the Board of Directors of the Louisiana Local Government Environmental Facilities and Community Development Authority; and providing for other matters in connection therewith. IN FAITH WHEREOF, witness my official signature on this, the 5th day of May, 2020. ________________________________ City Clerk The following Resolution offered and adopted: RESOLUTION NO. 41 OF 2020 A RESOLUTION TO REPLACE AN INDUSTRIAL WASTE INSPECTOR IN THE ENVIRONMENTAL AFFAIRS DIVISION IN PUBLIC UTILITIES DUE TO TRANSFER _____________________________________________________ WHEREAS, the City Council of the City of Bossier City authorizes the replacement of an Industrial Waste Inspector in the Environmental Affairs division in Public Utilities due to transfer. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Bossier City, in regular session convened, does hereby authorize the replacement of an Industrial Waste Inspector in the Environmental Affairs division in Public Utilities due to transfer. The above and foregoing Resolution, read in full at open and legal session convened, was on motion of Mr. Thomas Harvey and seconded by Mr. Jeff Free, and adopted on the 5th day of May, 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 There being no further business to come before this Council, the meeting adjourned at 3:46PM by Mr. Irwin Respectfully submitted: Phyllis McGraw City Clerk Publish: May 13, 2020 Bossier Press Tribune