City Council

AGENDA SULPHUR CITY COUNCIL MEETING TUESDAY, OCTOBER 15, 2024, AT 5:30 P.M. THERE WILL BE A REGULAR MEETING OF THE SULPHUR CITY COUNCIL TUESDAY, OCTOBER 15, 2024, AT 5:30 P.M., IN THE COUNCIL CHAMBERS LOCATED AT 1551 EAST NAPOLEON STREET, SULPHUR, LOUISIANA, TO DISCUSS AND ADOPT THE FOLLOWING: CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES APPROVAL OF AGENDA 1. PUBLIC HEARING on ordinance granting a rezone from Residential to Business to Donnie Presutti Moss, 218 Texas Street. ORD75-24 (Melinda Hardy) 2. PUBLIC HEARING on ordinance granting a rezone from Residential to Business to Donnie Presutti Moss, 220 Texas Street. ORD76-24 (Melinda Hardy) 3. PUBLIC HEARING on ordinance granting a rezone from Residential to Business to Donnie Presutti Moss, 222 Texas Street. ORD77-24 (Melinda Hardy) 4. PUBLIC HEARING on ordinance granting a rezone from Residential to Business to Donnie Presutti Moss, 224 Texas Street. ORD78-24 (Melinda Hardy) 5. PUBLIC HEARING on ordinance amending and re-adopting the General Fund Budget for Fiscal Year ending June 30, 2023-2024 to reflect a $3 million decrease in Intergovernmental Revenue due to over budgeting FEMA reimbursements in 2023-2024. ORD79-24 (Mayor Danahay) 6. INTRODUCTION OF ORDINANCE authorizing Mayor Danahay to enter into a Cooperative Endeavor Agreement with Calcasieu Parish Public Safety Communications District for GIS Pictometry. ORD80-24 (Mayor Danahay) 7. INTRODUCTION OF ORDINANCE amending Ordinance No. 1469, M-C Series to enter into a First Amendment and Restatement of Servitude Agreements between the Lake Charles Harbor and Terminal District and the City of Sulphur and authorizing Mayor Danahay to execute documents related thereto. ORD83-24 (Mayor Danahay) 8. RESOLUTION awarding low bid received for 2024 Overlay Project. RES46-24 (Mayor Danahay) 9. RESOLUTION adopting the bylaws for the Sulphur Armed Forces Commission. RES47-24 (Mayor Danahay) 10. RESOLUTION appointing a member to the Sulphur Industrial Development Board. RES48-24 (Dru Ellender) 11. RESOLUTION authorizing the advertisement of bids for temporary fire station. RES49-24 (Mayor Danahay) 12. RESOLUTION authorizing Mayor Danahay to sign the 2024 Byrne Jagg grant application to fund replacing end of life Cellebrite Phone Forensics Laptop. RES50-24 (Mayor Danahay) 13. RESOLUTION approving liquor license for Sulphur Parks and Recreation Frasch Golf Course, located at 933 West Parish Road. RES51-24 (Mayor Danahay) 14. RESOLUTION appointing a member to the Sulphur Housing Authority. RES52-24 (Mayor Danahay) 15. RULE TO SHOW CAUSE for the condition of the following addresses: a. To condemn building or structure located at 1404 Peachtree Road, in accordance with Article IX, Section 5-286 through 5-296 of the Code of Ordinances. (Joy Abshire) b. To condemn building or structure located at 807 Live Oak Street, Trailer A & B, in accordance with Article IX, Section 5-286 through 5-296 of the Code of Ordinances. (Dru Ellender) c. To condemn building or structure located at 831 Urban Street, in accordance with Article IX, Section 5-286 through 5-296 of the Code of Ordinances. (Dru Ellender) d. To condemn building or structure located at 810 North Claiborne Street, #1, #8 and #19, in accordance with Article IX, Section 5-286 through 5-296 of the Code of Ordinances. (Dru Ellender) e. To condemn building or structure located at 113 Arkansas Street, in accordance with Article IX, Section 5-286 through 5-296 of the Code of Ordinances. (Melinda Hardy) 16. RULE TO SHOW CAUSE FOR DEAD OR DISEASED TREE REMOVAL on private property for the following addresses: a. To remove dead or diseased tree located at 222 Madison Street, in accordance with Chapter 17, Article I of the Code of Ordinances. (Mandy Thomas)  17. PUBLIC COMMENT - 3 MINUTES PER SPEAKER - ONLY SPEAK 1 TIME PER ITEM. This ends the public comment section of the meeting. ADJOURNMENT The next regular City Council meeting will be held on Tuesday, November 12, 2024, at 5:30 p.m. in the Council Chambers located at 1551 East Napoleon Street, Sulphur, LA. In accordance with the Americans with Disabilities Act, if you need special assistance to attend this meeting, please contact Arlene Blanchard at 337-527-4571, describing the assistance that is necessary. Arlene Blanchard, Council Clerk City of Sulphur 101 North Huntington Street, Sulphur, LA 70663 (337) 527-4500  ORDINANCE NO. , M-C SERIES ORDINANCE GRANTING A REZONE TO DONNIE PRESUTTI MOSS, 218 TEXAS STREET, FROM RESIDENTIAL TO BUSINESS. BE IT ORDAINED by the City Council of the City of Sulphur, Louisiana, that they do hereby grant a rezone to Donnie Presutti Moss, 218 Texas Street, from Residential to Business for the following described property: LOT 154 BLK 3 WEST POINT SUB PART C This rezone is granted by the City of Sulphur and may be withdrawn by the City of Sulphur should said rezone interfere with the rights and privileges owned by the City of Sulphur pursuant to a pre-existing right of way, servitude, or easement. If withdrawn, any improvements constructed thereon shall be removed at the expenses of owner thereof. Grantee hereby agrees and contracts to hold Grantor harmless from any damages created and/or caused by the granting of this rezone, including, but not limited to, litigation defense, litigation costs, violation of subdivision restrictive covenants, building code violations or any other damages, property and/or monetary or otherwise, relating thereto. Upon approval of this rezone the owner shall be responsible for the recordation thereof, with the Clerk of Court, Calcasieu Parish, Louisiana, and shall provide the City of Sulphur a receipt evidencing recordation within 10 days of the effective date of this rezone. No work shall commence until all applicable permits are obtained. In the event work is commenced prior to obtaining all applicable permits, this rezone shall be withdrawn and considered null and void. BE IT FURTHER ORDAINED by the City Council of the City of Sulphur, Louisiana, that they do hereby grant a rezone to Donnie Presutti Moss, 218 Texas Street, from Residential to Business. APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this _______ day of ____________, 2024. ________________________________ NICK NEZAT, Chairman I HEREBY CERTIFY that the I HEREBY CERTIFY that I have received foregoing Ordinance has been from the Mayor at ______ o’clock ___.m. presented to the Mayor on this on this ________ day of _______________, ____ day of ______________, 2024, the foregoing ordinance which has 2024, at _____ o’clock ____.m. approved/vetoed by the Mayor. __________________________ __________________________ ARLENE BLANCHARD, Clerk ARLENE BLANCHARD, Clerk  ORDINANCE NO. M-C SERIES ORDINANCE GRANTING A REZONE TO DONNIE PRESUTTI MOSS, 220 TEXAS STREET, FROM RESIDENTIAL TO BUSINESS. BE IT ORDAINED by the City Council of the City of Sulphur, Louisiana, that they do hereby grant a rezone to Donnie Presutti Moss, 220 Texas Street, from Residential to Business for the following described property: LOT 155 BLK 3 WEST POINT SUB PART C This rezone is granted by the City of Sulphur and may be withdrawn by the City of Sulphur should said rezone interfere with the rights and privileges owned by the City of Sulphur pursuant to a pre-existing right of way, servitude, or easement. If withdrawn, any improvements constructed thereon shall be removed at the expenses of owner thereof. Grantee hereby agrees and contracts to hold Grantor harmless from any damages created and/or caused by the granting of this rezone, including, but not limited to, litigation defense, litigation costs, violation of subdivision restrictive covenants, building code violations or any other damages, property and/or monetary or otherwise, relating thereto. Upon approval of this rezone the owner shall be responsible for the recordation thereof, with the Clerk of Court, Calcasieu Parish, Louisiana, and shall provide the City of Sulphur a receipt evidencing recordation within 10 days of the effective date of this rezone. No work shall commence until all applicable permits are obtained. In the event work is commenced prior to obtaining all applicable permits, this rezone shall be withdrawn and considered null and void. BE IT FURTHER ORDAINED by the City Council of the City of Sulphur, Louisiana, that they do hereby grant a rezone to Donnie Presutti Moss, 220 Texas Street, from Residential to Business. APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this _______ day of ____________, 2024. ________________________________ NICK NEZAT, Chairman I HEREBY CERTIFY that the I HEREBY CERTIFY that I have received foregoing Ordinance has been from the Mayor at ______ o’clock ___.m. presented to the Mayor on this on this ________ day of _______________, ____ day of ______________, 2024, the foregoing ordinance which has 2024, at _____ o’clock ____.m. approved/vetoed by the Mayor. __________________________ __________________________ ARLENE BLANCHARD, Clerk ARLENE BLANCHARD, Clerk  ORDINANCE NO M-C SERIES ORDINANCE GRANTING A REZONE TO DONNIE PRESUTTI MOSS, 222 TEXAS STREET, FROM RESIDENTIAL TO BUSINESS. BE IT ORDAINED by the City Council of the City of Sulphur, Louisiana, that they do hereby grant a rezone to Donnie Presutti Moss, 222 Texas Street, from Residential to Business for the following described property: LOT 156 BLK 3 WEST POINT SUB PART C This rezone is granted by the City of Sulphur and may be withdrawn by the City of Sulphur should said rezone interfere with the rights and privileges owned by the City of Sulphur pursuant to a pre-existing right of way, servitude, or easement. If withdrawn, any improvements constructed thereon shall be removed at the expenses of owner thereof. Grantee hereby agrees and contracts to hold Grantor harmless from any damages created and/or caused by the granting of this rezone, including, but not limited to, litigation defense, litigation costs, violation of subdivision restrictive covenants, building code violations or any other damages, property and/or monetary or otherwise, relating thereto. Upon approval of this rezone the owner shall be responsible for the recordation thereof, with the Clerk of Court, Calcasieu Parish, Louisiana, and shall provide the City of Sulphur a receipt evidencing recordation within 10 days of the effective date of this rezone. No work shall commence until all applicable permits are obtained. In the event work is commenced prior to obtaining all applicable permits, this rezone shall be withdrawn and considered null and void. BE IT FURTHER ORDAINED by the City Council of the City of Sulphur, Louisiana, that they do hereby grant a rezone to Donnie Presutti Moss, 222 Texas Street, from Residential to Business. APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this _______ day of ____________, 2024. ________________________________ NICK NEZAT, Chairman I HEREBY CERTIFY that the I HEREBY CERTIFY that I have received foregoing Ordinance has been from the Mayor at ______ o’clock ___.m. presented to the Mayor on this on this ________ day of _______________, ____ day of ______________, 2024, the foregoing ordinance which has 2024, at _____ o’clock ____.m. approved/vetoed by the Mayor. __________________________ __________________________ ARLENE BLANCHARD, Clerk ARLENE BLANCHARD, Clerk  ORDINANCE NO. M-C SERIES ORDINANCE GRANTING A REZONE TO DONNIE PRESUTTI MOSS, 224 TEXAS STREET, FROM RESIDENTIAL TO BUSINESS. BE IT ORDAINED by the City Council of the City of Sulphur, Louisiana, that they do hereby grant a rezone to Donnie Presutti Moss, 224 Texas Street, from Residential to Business for the following described property: LOT 157 BLK 3 WEST POINT SUB PART C This rezone is granted by the City of Sulphur and may be withdrawn by the City of Sulphur should said rezone interfere with the rights and privileges owned by the City of Sulphur pursuant to a pre-existing right of way, servitude, or easement. If withdrawn, any improvements constructed thereon shall be removed at the expenses of owner thereof. Grantee hereby agrees and contracts to hold Grantor harmless from any damages created and/or caused by the granting of this rezone, including, but not limited to, litigation defense, litigation costs, violation of subdivision restrictive covenants, building code violations or any other damages, property and/or monetary or otherwise, relating thereto. Upon approval of this rezone the owner shall be responsible for the recordation thereof, with the Clerk of Court, Calcasieu Parish, Louisiana, and shall provide the City of Sulphur a receipt evidencing recordation within 10 days of the effective date of this rezone. No work shall commence until all applicable permits are obtained. In the event work is commenced prior to obtaining all applicable permits, this rezone shall be withdrawn and considered null and void. BE IT FURTHER ORDAINED by the City Council of the City of Sulphur, Louisiana, that they do hereby grant a rezone to Donnie Presutti Moss, 224 Texas Street, from Residential to Business. APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this _______ day of ____________, 2024. ________________________________ NICK NEZAT, Chairman I HEREBY CERTIFY that the I HEREBY CERTIFY that I have received foregoing Ordinance has been from the Mayor at ______ o’clock ___.m. presented to the Mayor on this on this ________ day of _______________, ____ day of ______________, 2024, the foregoing ordinance which has 2024, at _____ o’clock ____.m. approved/vetoed by the Mayor. __________________________ __________________________ ARLENE BLANCHARD, Clerk ARLENE BLANCHARD, Clerk  ORDINANCE NO. , M-C SERIES AN ORDINANCE AMENDING AND RE-ADOPTING THE GENERAL FUND BUDGET FOR FISCAL YEAR ENDING JUNE 30, 2023-2024 TO REFLECT A $3 MILLION DECREASE IN INTERGOVERNMENTAL REVENUE DUE TO OVER BUDGETING FEMA REIMBURSEMENTS IN 2023-2024.. BE IT ORDAINED by the City of Sulphur, Louisiana, through its governing body, the City Council of the City of Sulphur, Louisiana, as follows: SECTION 1. That the General Fund Budget of the City of Sulphur, Louisiana, for the fiscal year ending June 30, 2023-2024, heretofore adopted by the City Council, be and the same is hereby amended and re-adopted in accordance with “Exhibit A” attached hereto and made a part hereof. SECTION 2. All ordinances and resolutions or parts thereof in conflict herewith be and the same are hereby repealed. BE IT FURTHER ORDAINED that this Ordinance shall become effective upon approval by the Mayor. APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this ______ day of ________________________, 2024. ____________________________________ NICK NEZAT, Chairman I HEREBY CERTIFY that the foregoing I HEREBY CERTIFY that I have received Ordinance has been presented to the from the Mayor on this ____ day of Mayor on this ____ day of ___________, _____________, 2024, at _______o’clock 2024, at ______o’clock ____.m. ____m., the foregoing Ordinance which has been approved/vetoed by the Mayor. _________________________________ ___________________________________ ARLENE BLANCHARD, Clerk ARLENE BLANCHARD, Clerk  ORDINANCE NO. , M-C SERIES ORDINANCE AUTHORIZING MAYOR DANAHAY TO ENTER INTO A COOPERATIVE ENDEAVOR AGREEMENT WITH CALCASIEU PARISH PUBLIC SAFETY COMMUNICATIONS DISTRICT FOR GIS PICTOMETRY. WHEREAS, the endeavor contemplated herein is to provide for the Communications District to purchase Geo-referenced, Aerial, Oblique image libraries and related software detailing the Parish of Calcasieu on the behalf of Sulphur and the City of Sulphur further agrees to compensate the Communications District in the amount of Nine thousand dollars and no cents ($9,000). BE IT ORDAINED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby authorize Mayor Mike Danahay to enter into a Cooperative Endeavor Agreement with Calcasieu Parish Public Safety Communications District for GIS Pictometry. BE IT FURTHER ORDAINED that this Ordinance shall become effective upon the Mayor's approval, or upon proper re-adoption by the Council pursuant to Section 2- 13(C) of the Home Rule Charter of the City of Sulphur. APPROVED AND ADOPTED by City Council of the City of Sulphur, Louisiana, on this ____ day of _______________, 2024. ________________________________ NICK NEZAT, Chairman I HEREBY CERTIFY that the I HEREBY CERTIFY that I have received foregoing Ordinance has been from the Mayor at ______ o’clock ___.m. presented to the Mayor on this on this ________ day of _______________, ____ day of ______________, 2024, the foregoing ordinance which has 2024, at _____ o’clock ____.m. approved/vetoed by the Mayor. __________________________ __________________________ ARLENE BLANCHARD, Clerk ARLENE BLANCHARD, Clerk Page 1 of 4 Page 2 of 4 Page 3 of 4 Page 4 of 4  ORDINANCE NO. , M-C SERIES ORDINANCE AMENDING ORDINANCE NO. 1469, M-C SERIES TO ENTER INTO A FIRST AMENDMENT TO AMENDMENT AND RESTATEMENT OF SERVITUDE AGREEMENT BETWEEN THE LAKE CHARLES HARBOR AND TERMINAL DISTRICT AND THE CITY OF SULPHUR AND AUTHORIZING MAYOR DANAHAY TO EXECUTE DOCUMENTS RELATED THERETO. BE IT ORDAINED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby amend Ordinance No. 1469, M-C Series to enter into a First Amendment and Restatement of Servitude Agreements between the Lake Charles Harbor and Terminal District and the City of Sulphur and authorize Mayor Danahay to execute documents related thereto. BE IT FURTHER ORDAINED that this Ordinance shall become effective upon the Mayor’s approval, or upon proper re-adoption by the Council pursuant to Section 2-13(C) of the Home Rule Charter of the City of Sulphur. APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this _______ day of ________________, 2024. __________________________________________ NICK NEZAT, Chairman I HEREBY CERTIFY that the I HEREBY CERTIFY that I have received foregoing Ordinance has been from the Mayor at ______ o’clock ___.m. presented to the Mayor on this on this ________ day of _______________, ____ day of ______________, 2024, the foregoing ordinance which has 2024, at _____ o’clock ____.m. approved/vetoed by the Mayor. __________________________ __________________________ ARLENE BLANCHARD, Clerk ARLENE BLANCHARD, Clerk  RESOLUTION NO. M-C SERIES Resolution adopting the bylaws for the Sulphur Armed Forces Commission. BE IT RESOLVED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby adopt the following bylaws for the SULPHUR ARMED FORCES COMMISSION. SULPHUR ARMED FORCES COMMISSION BYLAWS Article I The name of the Commission will be the SULPHUR ARMED FORCES COMMISSION. Article II The purpose of the COMMISSION is to act as a liaison group to promote the importance of our military veterans (Active, Inactive and Retired) in the City of Sulphur. They will interact with the local area Armed Forces and local veterans (Active, Inactive and Retired) to promote goodwill, assistance and understanding between the City of Sulphur within the active, inactive, and retired military community. Article III The COMMISSION will be comprised of five (5) appointed members, appointed by the Sulphur City Council. Each district will have one appointment for a total of (5) five appointed members of the commission. It will be the responsibility of the five (5) appointed members to act as liaison to their respective council members. This will ensure the council members are informed of the actions of the Sulphur Armed Forces Commission, as well as special projects of the commission Article 1V In addition to the five (5) appointed members the SULPHUR ARMED FORCES COMMISSION will be open to all veterans (active, inactive and retired) as well as individuals interested in promoting goodwill between the civilian and military communities. The prospective members (preposed) will be approved by the sitting board officers of the SULPHUR ARMED FORCES COMMISSION. Article V SULPHUR ARMED FORCES COMMISSION appointed members will serve for a period of four (4) years to run in conjunction with Sulphur City Council Election and may be reappointed by the Sulphur City Council. Should a member be unable to serve his or hers appointed tenure in an active manner, he or she will submit a letter of resignation to the Sulphur City Council and another person will be appointed by the Sulphur City Council to serve with the approval of the City Council member who made the original appointment.  Article VI At the first meeting of each year, the Armed Forces COMMISSION will appoint an executive board. The executive board will consist of the following: o The COMMANDER will oversee and direct the overall operation of the COMMISSION. o Vice COMMANDER will oversee and direct the program of activities as well as assist the secretary in disseminating any pertinent information to the members at large o Second Vice COMMANDER will serve as Chaplain and oversee as well as direct the public relations and public information activities of the COMMISSION. o The Secretary-Treasurer will oversee and direct the recording of all meetings and finances of the COMMISSION. Article VII The commander will serve as representative from the COMMISSION and serve as the primary liaison to the Sulphur City Council. Article VIII The members at large will be informed about the meeting dates and agendas by the Vice Commander and Secretary in any manner required to keep the membership at large informed of the commission's projects, special events and activities. APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this ______ day of _________________ 2024 . ATTEST: _____________________________ ARLENE BLANCHARD, Clerk  RESOLUTION NO. , M-C SERIES Resolution appointing Bill LeBlanc to the Sulphur Industrial Development Board. BE IT RESOLVED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby appoint Bill LeBlanc to the Sulphur Industrial Development Board which term will expire October 2029. APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this ______ day of _______________, 2024. ________________________________ NICK NEZAT, Chairman ATTEST: _____________________________ ARLENE BLANCHARD, Clerk  RESOLUTION NO. , M-C SERIES Resolution authorizing Mayor Mike Danahay to sign the Edward Byrne Jagg Grant (JAG) application to fund replacing end of life for Cellebrite Phone Forensics Laptop. BE IT RESOLVED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby authorize Mayor Mike Danahay to sign the Edward Byrne Jagg Grant (JAG) application to fund replacing end of life for Cellebrite Phone Forensics Laptop. APPROVED AND ADOPTED by the City Council of the City of Sulphur, on this ________ day of ________________, 2024. _______________________________ NICK NEZAT, Chairman ATTEST: __________________________ ARLENE BLANCHARD, Clerk  RESOLUTION NO. , M-C SERIES Resolution approving liquor license Sulphur Parks and Recreation Frasch Golf Course, located at 933 West Parish Road. BE IT RESOLVED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby approve liquor license for Sulphur Parks and Recreation Frasch Golf Course, located at 933 West Parish Road. APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this ______ day of _________________, 2024. ________________________________ NICK NEZAT, Chairman ATTEST: _____________________________ ARLENE BLANCHARD, Clerk  RESOLUTION NO. , M-C SERIES Resolution appointing a member to the Sulphur Housing Authority Board of Directors. BE IT RESOLVED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby appoint __________ to the Sulphur Housing Authority Board of Directors which term will expire November, 2029. APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this _______ day of _____________________, 2024. ________________________________ NICK NEZAT, Chairman ATTEST: _____________________________________ ARLENE BLANCHARD, Clerk