City Council

PROCEEDINGS OF THE CITY COUNCIL OF BOSSIER CITY STATE OF LOUISIANA TAKEN AT A REGULAR MEETING MAY 23, 2023 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 23, 2023 at 3:00 PM Invocation was given by Council Member Jeffery Darby Pledge of Allegiance led by Council Member Brian Hammons Roll Call as follows: Present: Honorable, Vice President Jeffery Darby, Honorable Councilors Chris Smith, Brian Hammons, Don Williams, Jeff Free and Vince Maggio Absent: Honorable Councilor David Montgomery, Jr. Also Present: City Attorney, Charles Jacobs and City Clerk, Phyllis McGraw City Clerk, Phyllis McGraw, read statement about decorum during meeting and public participation in the meeting. By: Mr. Williams Motion to approve Minutes of May 2, 2023, Regular Council Meeting and dispense with the reading. Seconded by Mr. Hammons No comment Vote in favor of motion is unanimous By: Mr. Smith Motion to amend Agenda to include New Business Item #12 – Introduce an Ordinance amending Ordinance 76 of 2019 which implemented a Budgetary Control requiring a Resolution to be approved by the Bossier City Council prior to the hiring or employment of any individual receiving wages, compensation or remuneration for Labor including Temporary or Contractual Employment. Seconded by Mr. Hammons Ms. McGraw reported that the reason this add on is requested is to allow Police and Fire to maintain current employment numbers without Resolution so that no future training academies can be missed due to the Resolution requirement. No further comment Vote in favor of motion is unanimous By: Mr. Smith Motion to remove item #2 under Ceremonial Matters and approve agenda as amended. Seconded by Mr. Maggio Ms. McGraw reported that Ms. Ward would reschedule at a later date. No further comment Vote in favor of motion is unanimous Ceremonial Matters/Recognition of Guests - Bossier Commission for Women thanked the Council for allowing them to continue their mission and they made a financial presentation to Jeri Bowman with the Northwest Family Justice Center in the amount of $10,750.00. They were able to raise the money from a breakfast and lunch during their Annual Inspiring Womens week. Ms. Bowman thanked everyone for their support. Mr. Darby and Council Members welcomed new Deputy Clerk, Amyanna Germany, and had her to introduce herself. Public Hearing/Actions on Unfinished Business – Agenda Item called - Adopt an Ordinance approving a Conditional Use Approval for the sale of low content alcohol for on premise consumption at a restaurant, Flying Burger and Seafood, located at 3127 Airline Drive, Bossier City, Louisiana. (First and Final Reading) (Favorable by MPC with conditions) Owner, Wesley Lites, addressed the conditions and the status of each. Ms. Askew-Brown with MPC reported that almost all required conditions were complete but that no license would be issued until they all are. Speaking on issue resident, Brian Kramer although happy with progress, would like to see more issues including some that weren’t part of MPC conditions completed. Also speaking was resident Robert Kyle in opposition of measurements used. Discussion among Council members and Mr. Jacobs gave his legal opinion on issue. The following ordinance offered and adopted: ORDINANCE NO. 56 OF 2023 AN ORDINANCE APPROVING A CONDITIONAL USE FOR THE SALE OF LOW CONTENT ALCOHOL FOR ON PREMISE CONSUMPTION AT A RESTAURANT, FLYING BURGER AND SEAFOOD, LOCATED AT 3127 AIRLINE DRIVE, BOSSIER CITY, LOUISIANA. WHEREAS; Wesley Lites, Flying Burger and Seafood, has applied to the Bossier City-Parish Metropolitan Planning Commission for Conditional Use Approval for the sale of low content alcohol for on premise consumption at a restaurant, Flying Burger and Seafood, located at 3127 Airline Drive, Bossier City, Louisiana. WHEREAS; a public hearing for the Conditional Use application was held on April 10, 2023; 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 and recommends approval with conditions that must be met prior to the issuance of any alcohol permit. Approval is contingent upon the following conditions:  Replace required compatibility buffer trees (minimum of 10 feet in height)  Hours of trash pick-up be adjusted to 8am or after (Must submit contract as evidence that time has been adjusted)  Installation of No Loitering signs  Installation of Noise Free signs throughout the rear parking lot  Upon closing of Flying Burger, the drive though lane be adjusted as far away from the property line as possible  Repair a portion of the fence that belongs to Flying Burger THE CITY COUNCIL OF THE CITY OF BOSSIER CITY HEREBY ORDAINS: SECTION 1. That the Conditional Use for sales of low content alcohol for on premise consumption at Flying Burger and Seafood, 3127 Airline Drive, Bossier City, Louisiana is hereby approved. The above and foregoing Ordinance was discussed and opened for public input at open and legal session convened, was on motion of Mr. Brian Hammons and seconded by Mr. Vince Maggio and adopted on this the 23rd day of May, 2023. Further this Ordinance will publish on May 31, 2023 and will not become legal until 10 days following publication. AYES: Mr. Smith, Mr. Hammons, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none _____________________________________ Jeffery D. Darby, President ______________________________________ Phyllis McGraw, City Clerk C-ALC-000174-2022 New Business – The following ordinance offered and adopted: ORDINANCE NO. 57 OF 2023 AN ORDINANCE APPROVING A CONDITIONAL USE FOR THE SALE OF HIGH CONTENT ALCOHOL FOR OFF PREMISE CONSUMPTION AT THORNTON’S BLACK WATER COFFEE LIQUEUR, LOCATED AT 1062 PEARL DRIVE, BOSSIER CITY, LOUISIANA. WHEREAS; Richard Thornton, Thornton’s Black Water Coffee Liqueur, has applied to the Bossier City-Parish Metropolitan Planning Commission for Conditional Use Approval for the sale of high content alcohol, for off premise consumption at Thornton’s Black Water Coffee Liqueur, located at 1062 Pearl Drive, Bossier City, Louisiana. WHEREAS; a public hearing for the Conditional Use application was held on May 8, 2023; 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 the sale of high content alcohol for off premise consumption at 1062 Pearl Drive, Bossier City, Louisiana is hereby approved. The above and foregoing Ordinance was discussed and opened for public input at open and legal session convened, was on motion of Mr. Chris Smith and seconded by Mr. Vince Maggio and adopted on this the 23rd day of May, 2023. Further this Ordinance will publish on May 31, 2023 and will not become legal until 10 days following publication. AYES: Mr. Smith, Mr. Hammons, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none _____________________________________ Jeffery D. Darby, President ______________________________________ Phyllis McGraw, City Clerk C-ALC-000074-2023 The following Ordinance offered and adopted: Ordinance No. 58 Of 2023 AN ORDINANCE TO DECLARE THAT AN EMERGENCY DID EXIST IN THE CITY OF BOSSIER CITY WHICH AFFECTED PROPERTY, PUBLIC HEALTH, AND SAFETY DUE TO THE REQUIREMENT TO RESTORE A COLLAPSED SEWER MAIN AT 530 SECRET COVE AND WATER MAIN ABANDONMENTS ALONG HAMILTON ROAD AT A COST OF $48,000.00 TO COME FROM SEWER AND WATER CAPITAL CONTINGENCY FUNDS. WHEREAS, on February 22nd, 2023, the Public Utilities Department responded to an emergency sewer main collapse at 530 Secret Cove requiring immediate action to restore the gravity sewer collection system; and WHEREAS, water main conflicts along Hamilton Road required immediate abandonment and service reconnection efforts; and WHEREAS, the Public Utilities Department needed emergency support to make the repair due to the size, scale, depth, well pointing, and complex repair locations; and WHEREAS, ASB Utility Construction, LLC was contacted and immediately responded to aid Bossier City at a cost of $48,000.00 in labor, equipment, and material to complete the repair efforts; and WHEREAS, $42,000.00 shall be appropriated from the Sewer Capital Contingency Fund and $6,000 shall be appropriated from the Water Capital Contingency Fund. NOW, THEREFORE, BE IT RESOLVED, in regular session convened that the City Council of Bossier City, Louisiana, does hereby declare that an emergency exists and authorizes the Mayor to appropriate $42,000.00 to come from the Sewer Capital Contingency Fund and $6,000 to come from the Water Capital and Contingency fund to be used for the purpose of making repairs to restore the sewer collection system at 530 Secrete Cove and the water distribution system along Hamilton Road; and authorizes the City to enter into any necessary contracts for completion of the work. BE IT FURTHER ORDAINED, that the Mayor is authorized to sign any and all documents in connection with the furtherance of this Ordinance. BE IT FURTHER ORDAINED, that the 2023 Sewer Capital and Contingency Budget is hereby amended to increase expenditures for required repairs by $42,000.00 and decrease Fund Balance by $42,000.00. BE IT FURTHER ORDAINED, that the 2023 Water Capital and Contingency Budget is hereby amended to increase expenditures for required repairs by $6,000.00 and decrease Fund Balance by $6,000.00. The above and foregoing Ordinance was discussed and opened for public input at open and legal session convened, was on motion of Mr. Chris Smith and seconded by Mr. Jeff Free and adopted and become legal on this the 23rd day of May, 2023. AYES: Mr. Smith, Mr. Hammons, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none ___________________________ Jeffery D. Darby, President ____________________________ Phyllis McGraw, City Clerk The following Ordinance offered and adopted: Ordinance No. 59 Of 2023 AN ORDINANCE TO DECLARE THAT AN EMERGENCY DID EXIST IN THE CITY OF BOSSIER CITY WHICH AFFECTED, PROPERTY, PUBLIC HEALTH, AND SAFETY DUE TO THE REQUIREMENT TO RESTORE A COLLAPSED SEWER MAIN ALONG SHED ROAD AT COST OF $97,000.00 TO COME FROM SEWER CAPITAL CONTINGENCY FUNDS. WHEREAS, on March 21st, 2023, the Public Utilities Department responded to an emergency sewer main collapse on Shed Road requiring immediate action to restore the gravity sewer collection system; and WHEREAS, the Public Utilities Department needed emergency support to make the repair due to the size, scale, depth, and repair location; and WHEREAS, Lawler Construction was contacted and immediately responded to aid Bossier City at a cost of $97,000.00 in labor, equipment, and material to complete the repair efforts; and WHEREAS, $97,000.00 shall be appropriated from the Sewer Capital Contingency Fund. NOW, THEREFORE, BE IT RESOLVED, in regular session convened that the City Council of Bossier City, Louisiana, does hereby declare that an emergency exists and authorizes the Mayor to appropriate $97,000.00 to come from the Sewer Capital and Contingency fund to be used for the purpose of making repairs to restore the sewer collection system on Shed Road; and authorizes the City to enter into any necessary contracts for completion of the work. BE IT FURTHER ORDAINED, that the Mayor is authorized to sign any and all documents in connection with the furtherance of this Ordinance. BE IT FURTHER ORDAINED, that the 2023 Sewer Capital and Contingency Budget is hereby amended to increase expenditures for required repairs by $97,000.00 and decrease Fund Balance by $97,000.00. The above and foregoing Ordinance was discussed and opened for public input at open and legal session convened, was on motion of Mr. Jeff Free and seconded by Mr. Don Williams and adopted and will become legal on this the 23rd day of May, 2023. AYES: Mr. Smith, Mr. Hammons, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none ___________________________ Jeffery D. Darby, President ____________________________ Phyllis McGraw, City Clerk By: Mr. Williams Motion to introduce an Ordinance to approve change order #6, #7, & #8 for the Walter O. Bigby Carriageway Phase II Project with J.B. James Construction, LLC for an increase in the amount of $289,099.22 using the 2018 LCDA Bond Fund. Seconded by Mr. Maggio Discussion among Council Members and Construction Manager, Bruce Easterly about reasons for current change orders and upcoming future change orders. Council members concerned with final project cost potential. Mr. Jacobs will review if anyone at fault for wrong sized pilings in plan specs. Ms. Williamson reported that if the Council appropriates $4 Million for Council on Aging facility, there will be approximately $7 Million left unappropriated in the 2018 LCDA Bond Fund. No further comment Vote in favor of motion is unanimous By: Mr. Free Motion to introduce an Ordinance amending the 2023 General Fund Traffic Engineering Budget by $150,000.00, increasing expenditures for street light repairs and guard rail repairs. Seconded by Mr. Hammons Discussion among Council Members and Clinton Patrick Engineering Department about need for repairs. No further comment Vote in favor of motion is unanimous By: Mr. Smith Motion to introduce an Ordinance amending the 2023 General Fund budget to appropriate additional funds for Police and Fire Department salaries and benefits. Seconded by Mr. Maggio Discussion among Council Members about Committee Meetings and need for this Ordinance and that this was just the beginning. Council wants to work with Administration to find fiscally responsible ways to fund for future increases and noted that Public Safety is huge concern. Mr. Darby thanked Mr. Montgomery for finding the funds for this Ordinance. Council Members thanked Mr. Darby for setting up committee and getting this started. No further comment Vote in favor of motion is unanimous By: Mr. Smith Motion to introduce an Ordinance appropriating the sum of five hundred thousand dollars ($500,000.00) from the Jail and Municipal Building Fund - Fund Balance to remodel Fire Station # 6 on Riverside Drive for the Bossier City Police Department - Special Investigation Units. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous The following Resolution offered and adopted: Resolution No. 50 Of 2023 A RESOLUTION RECOGNIZING MAY 22 OF EACH YEAR TO BE DESIGNATED AND KNOWN AS NATIONAL MARITIME DAY ________________________________________________________________________ WHEREAS, on May 22, 1819, the steamship The Savannah set sail from Savannah, Georgia on the first successful transoceanic voyage under steam propulsion, thus making a material contribution to the advancement of ocean transportation; and WHEREAS, on May 20, 1933, the Senate and House of Representatives of the United States of America in Congress assembled and approved that May 22 of each year shall be designated and known as National Maritime Day, and WHEREAS, during WWII in what became t h e w o r l d ’ s l a r g e s t s e a l i f t o p e r a t i o n , more than 250,000 members of the American Merchant Marine served their country, with more than 6,700 giving their lives, hundreds being detained as prisoners of war and more than 800 ships being sunk or damaged, and  WHEREAS, waterways have enabled much of the commerce that has expanded America's economy, sprouted cities near waterways and facilitated vast domestic and international commerce crucial to our economy today, and WHEREAS, merchant mariners have served America with distinction throughout our history, but especially at critical moments of war and natural disaster, and WHEREAS, the United States Merchant Marine and thousands of other workers in our Nation's maritime industry continue to make immeasurable contributions to our economic strength and our ongoing efforts to build a more peaceful world, and WHEREAS, the United States Merchant Marine also shepherds the safe passage of American goods, move exports to customers around the world, support the flow of domestic commerce on our maritime highways, strengthen our Nation's economy, bolster job creation and, along with the transportation industry, employ Americans on ships and tugs, and in ports, like our Port of Shreveport Bossier, and WHEREAS, it is the desire of the City of Bossier City to increase the awareness of the maritime industry within Caddo and Bossier Parishes and the State of Louisiana NOW, THEREFORE BE IT RESOLVED THAT the B o s s i e r C i t y C o u n c i l a n d t h e M a y o r joins the President of the United States of America in proclaiming, May 22, 2023, as National Maritime Day and calls upon the citizens of Bossier City to celebrate this observance. The above and foregoing Resolution was discussed and opened for public input at open and legal session convened, was on motion of Mr. Jeff Free and seconded by Mr. Chris Smith, and adopted on this the 23rd day of May, 2023. AYES: Mr. Smith, Mr. Hammons, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none _______________________ Jeffery Darby, President ________________________ Phyllis McGraw, City Clerk The following Resolution offered and adopted: RESOLUTION 51 Of 2023 A RESOLUTION AUTHORIZING THE PROMOTION OF ONE (1) POLICE SERGEANT WHEREAS, Ordinance No. 76 of 2019 implemented a requirement assuring that the City department budgets not be exceeded by any hiring of any personnel; and WHEREAS, the promotion of one (1) Corporal to Sergeant is needed due to the demotion of one (1) Sergeant to Corporal; and WHEREAS, the administration and the department assure that all current budgets have been verified and that no authorized salary has been exceeded. 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 discussed and opened for public input at open and legal session convened, was on motion of Mr. Brian Hammons and seconded by Mr. Vince Maggio, and adopted on this the 23rd day of May, 2023. AYES: Mr. Smith, Mr. Hammons, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none Jeffrey Darby, President Phyllis McGraw, City Clerk Agenda item called – Adopt Resolution authorizing the hiring of an Animal Control Officer I in the Animal Control Division due to a termination and backfill any vacant positions this may create. Mr. Smith asked for an update on the partnership with the rescues. Wade Rich, Public Works Director, reported the partnership was working well and that more animals are being adopted and pulled from shelter. The following Resolution offered and adopted: RESOLUTION 52 Of 2023 A RESOLUTION AUTHORIZING THE HIRING OF AN ANIMAL CONTROL OFFICER I IN THE ANIMAL CONTROL DIVISION DUE TO TERMINATION AND BACKFILL ANY VACANT POSITIONS THIS MAY CREATE. 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, an Animal Control Officer I position is vacant in the Animal Control Division due to a termination. WHEREAS, the administration and the department assures that all current budgets have been verified and that no authorized salary has been exceeded. NOW, THEREFORE, be it resolved that the administration is hereby authorized to fill an Animal Control Officer I position in the Public Works Animal Control Division due to a termination. The above and foregoing Resolution was discussed and opened for public input at open and legal session convened, was on motion of Mr. Jeff Free and seconded by Mr. Vince Maggio, and adopted on this the 23rd day of May, 2023. AYES: Mr. Smith, Mr. Hammons, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none ____________________________ Jeffery D. Darby, President ___________________________ Phyllis McGraw, City Clerk The following Resolution offered and adopted: RESOLUTION NO. 53 OF 2023 A RESOLUTION AUTHORIZING THE HIRING OF AN ACCOUNTS CLERK II DUE TO A RESIGNATION IN THE CUSTOMER SERVICE DEPARTMENT ______________________________________________________________________________ WHEREAS, Ordinance No. 76 of 2019 implemented a budgetary control requiring a resolution to be approved by the Bossier City Council prior to the hiring or employment of any individual receiving wages, compensation, or remuneration for any labor including temporary or contractual employment; and WHEREAS, the Customer Service Department has an available position due to resignation of an employee; and WHEREAS, this resignation provides for an opportunity to hire a replacement; and WHEREAS, this action will have no impact on the existing budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of Bossier City, Louisiana, in regular session convened, that the administration is authorized to hire an Accounts Clerk II, due to a resignation in the Customer Service Department, with no impact to the existing budget. The above and foregoing Resolution was discussed and opened for public input at open and legal session convened, was on motion of Mr. Chris Smith and seconded by Mr. Don Williams and adopted on this the 23rd day of May, 2023. AYES: Mr. Smith, Mr. Hammons, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none ___________________________ _______________________ Jeffery D. Darby, President Phyllis McGraw, City Clerk By: Mr. Smith Motion to introduce an amending Ordinance 76 of 2019 which implemented a Budgetary Control requiring a Resolution to be approved by the Bossier City Council prior to the hiring or employment of any individual receiving wages, compensation or remuneration for Labor including Temporary or Contractual Employment. Seconded by Mr. Maggio Discussion among Council Members and Ms. McGraw about changes from original Ordinance. This Ordinance will only effect Fire and Police and is based on current allocated positions. She reported that the Ordinance requires that Fire and Police report monthly to Council on all hirings and promotions. All other departments must still follow original Ordinance. Further discussion on numbers in academies. Chief Zagone and Deputy Chief Barclay thanked the Council for the steps they are taking to help hire and retain Fire and Police. No further comment Vote in favor of motion is unanimous Reports – Finance Director, Angela Williamson went over monthly Finance Report for month ending April 2023. She noted that the city is running 11% under budget in expenses and 33% above budget in Revenues. She outlined current manning numbers and where the Utilities accounts stand. Clinton Patrick, Engineering Department, gave monthly Project Report. He noted that the city has approximately $93 Million in ongoing design and construction projects. Contractor is still waiting on light poles to complete Hwy. 71 lighting. Question from Mr. Hammons concerning erosion around the lights bases. Mr. Patrick reported they are aware and contractor is working on it. He also noted that the LTRI building is substantially complete. There being no further business to come before this Council, Council President Darby adjourned the meeting at 3:59 PM Respectfully submitted: Phyllis McGraw City Clerk Publish: May 31, 2023 Bossier Press Tribune