The City Council of the City of Sulphur, Louisiana, met in regular session at its

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1 August 10, 2009 The City Council of the City of Sulphur, Louisiana, met in regular session at its regular meeting place in the Council Chambers, Sulphur, Louisiana, on August 10, 2009 at 5:30 p.m., after full compliance with the convening of said meeting with the following members present: DRU ELLENDER, Council Representative of District 1 MIKE KOONCE, Council Representative of District 2 CHRIS DUNCAN, Council Representative of District 3 NANCY TOWER, Council Representative of District 4 STUART MOSS, Council Representative of District 5 After the meeting was called to order and the roll called with the above result, prayer was led by Rev. Phil Cochran, Living Waters Church, followed by the reciting of the Pledge of Allegiance led by Mrs. Ellender. The Chairman asked if there were any changes to the minutes of the previous meeting. With no changes made, motion was made by Mrs. Tower seconded by Mr. Moss that the minutes stand as written. Motion carried. The Chairman then asked if there were any changes to the agenda. With no changes made, motion was made by Mr. Moss seconded by Mr. Koonce that the agenda stand as written. The first item on the agenda is a presentation to Volunteer of the Month of August. Mayor LeLeux presented a certificate to Ramona LaBorde. The next item on the agenda is an introduction of ordinance amending and supplementing Ordinance No. 809 M-C Series, adopted September 24, 2007, Ordinance No. 820, M-C Series, adopted December 10, 2007, and Resolution adoption on December 10, 2007, modifying the municipal address of the Project (Stine Lumber) to read

2 Ruth Street, Sulphur, Louisiana; this modification and change should occur in all documents in connection therewith. Motion was made by Mr. Koonce seconded by Mr. Moss that the following ordinance be introduced: An ordinance amending and supplementing Ordinance No. 809, M-C Series, adopted September 24, 2007, Ordinance No. 820, M-C Series, adopted December 10, 2007, and Resolution adopted on December 10, 2007, modifying the municipal address of the Project to read 2950 Ruth Street, Sulphur, Louisiana; this modification and change should occur in all documents in connection therewith. Motion was then made by Mr. Koonce seconded by Mr. Moss that the said ordinance be filed and remain on file with the Clerk of the Council, in final form, for public inspection and that the Mayor is hereby authorized and instructed to publish the Public Notice of Introduction of the above proposed ordinance in The Southwest Daily News, the official journal of the City of Sulphur, Louisiana, and that the said Notice of Introduction of the above ordinance is substantially in the following form: PUBLIC NOTICE PUBLIC NOTICE is hereby given, in accordance with Section 2-12B of the Home Rule Charter of the City of Sulphur, the following ordinance: An ordinance amending and supplementing Ordinance No. 809, M-C Series, adopted September 24, 2007, Ordinance No. 820, M-C Series, adopted December 10, 2007, and Resolution adopted on December 10, 2007, modifying the municipal address of the Project to read 2950 Ruth Street, Sulphur, Louisiana; this modification and change should occur in all documents in connection therewith. 2

3 A public hearing on said ordinance will be held at 5:30 p.m. on the 14 th day of September, 2009, at City Hall in Sulphur, Louisiana. Motion carried. CITY OF SULPHUR, LOUISIANA BY: CHRISTOPHER DUNCAN, Chairman The next item on the agenda is a discussion concerning the sale of West Calcasieu Cameron Hospital Ambulance Service to Acadian Ambulance Service of Lafayette. Bill Hankins, WCCH, addressed the Council and stated the Board will have a meeting on August 25 th to approve the sale of the ambulance service. The affected areas will be Sulphur, Westlake and Vinton. There will be 24 hour substations. Acadian Ambulance Service will employee all Cal-Cam ambulance employees for the exception of a few employees that will be retiring. All the employees have to do is fill out an application and pass a drug screen. They will match each employee s salary and will have insurance. They will waive the 1 year waiting period. They will also be offered long term disability and they will get vacation. Mr. Hankins also stated that hospitals usually don t run ambulance services because they lose money. Acadian Ambulance Service meets all standards. West Calcasieu Cameron Hospital needs to protect it core services, not the ambulance service. Jerry Romero, Acadian Ambulance Service, addressed the Council and stated that 75% of the company is owned by its employees and the other 25% is owned by the CEO. To increase patient care they will be transmitting (12) twelve wireless EKG s to 3-4 hospitals in Lafayette and are now bringing it to Calcasieu Parish. They will still continue to be stationed at Friday night football games, fairs and festivals and other community events. They will be stationed at the West Calcasieu Community Center rodeo events 3

4 once they find out the details. He also stated that they will not charge an elderly person if they have fallen at home. The only time they would charge a person for not transporting is if they need an I.V. or give them a certain type of medicine. Mr. Romero also stated that they are regulated by the Police Jury and have been since 2003 for the 8, 12 and 20 minute zones. Sulphur (city limits) is in an 8 minute zone (urban zone) which means from the time the call is made the ambulance has to get to its location within 8 minutes; just outside city limits (rural zone) which is a 12 minute zone and way outside city limits (super-rural) is a 20 minute zone. He also stated that they have three goals (1) patient care (2) customer service (3) employee satisfaction. Mr. Moss asked Mr. Romero why Acadian wants to purchase a losing business. Mr. Romero stated that they currently operate on the east side of Calcasieu Parish and in DeQuincy, which is an island. The nearest back-up for DeQuincy would be in Moss Bluff. By making this purchase it would fill in the gap to cover the entire parish. It would be more efficient to have a higher unit hour utilization. Mr. Romero also stated that Cal-Cam will keep one ambulance for specific types of calls. The idea of the sale of Cal-Cam Ambulance Service did not come about overnight. They have been talking about this sale for years. Mr. Hankins stated that the purchase price will be somewhere in the neighborhood of $450,000-$600,000. Mrs. Tower asked if they will make it publicly known what is in the buy/sell agreement. Mr. Hankins stated that they will inform the three Mayors. Mr. Romero continued to say that they have their helicopter based at the Lake Charles airport and it s a 24 hours/7 days a week operation. It does first response work as well as hospital to hospital. The helicopter is dispatched before the ambulance but the 4

5 ambulance or the fire department can cancel the helicopter once they arrive at the scene. The helicopter is dispatched immediately to rural and super-rural areas as first response. Mr. Moss asked if Orange, Texas has an emergency will the ambulance that is stationed in Vinton leave their station to go to Orange? Mr. Romero stated that this very seldom happens but when it does all stations get bumped around and all our resources that are available help out. Mr. Moss asked what Acadian s ratio was on their response times that are monitored by the Police Jury regarding minute response time. Mr. Romero stated that their response time criteria are as follows: 8 minute = 90%, 12 minute = 90% and 20 minute = 80%. They have been over 90% in all these areas and have not been fined. Mr. Koonce asked if Cal-Cam had all the money it s going to need for the next years. Mr. Hankins stated, no. Mr. Koonce stated that it will be hard to float another bond issue after selling this ambulance service. Mr. Hankins stated that bond money can t be used for operations; only for salaries and such. At this time Mr. Duncan turned the meeting over to the public. Vicki Sensat, retiree from Cal-Cam, addressed the Council and stated that Mr. Hankins and Mr. Romero keep talking about Cal-Cam always being in the red or in the black regarding finances. She doesn t have access to any records but in all the budget meetings she s ever been in it was never said that the ambulance service was in the black. Sulphur has a diamond here and people don t realize it. The lifespan of a paramedic is 5 years because they get burn-out. Paramedics from Cal-Cam retire from Cal-Cam because it s a great place to work. She also stated that when someone s electricity is out they most definitely don t call a plumber. This is the same scenario; when you want to know how the 5

6 operations of an ambulance service operates behind the scenes at night just ask the paramedics on the street, don t ask administration because they are sleeping when all this is happening. There have been times when she was still working at Cal-Cam and there was a huge event that happened and Acadian never showed up. They would have to call the fire department or just sit and wait for Acadian to show up. Paramedics know when someone is dead long enough and needs to be resuscitated and when they don t need to be resuscitated. She has personally witnessed when someone has been dead a long time and the paramedic wants to run a code and give a ton of drugs to a dead person just to run up a $4,000 bill. She has stopped some of this from happening because it s not the right thing to do. There is a lot of these kinds of things that happen that no one knows about. Mark Davis, paramedic for Cal-Cam, addressed the Council and stated that he had no intentions on talking this afternoon but after hearing what was said in the previous conversations he feels that he must speak. He continued to say that he is a former Acadian employee. Mr. Hankins and Mr. Romero will stand in front of everyone and paint a beautiful picture. He stated that in many meetings it was mentioned that the ambulance service did make a profit. Calcasieu Parish paramedics have to be licensed in Texas because that s exactly where they will go. He stated that his work area was in Iowa and he has spent countless hours in Oakdale when he was supposed to be covering Iowa because he was sent there. Acadian Ambulance will make a profit because they will cut services. Don t let Mr. Hankins and Mr. Romero tell you that an area won t go unprotected because they will. He stated that he has worked for them and this happens all the time. 6

7 Mr. Davis then stated that 911 keeps the response time to an accident for Cal-Cam ambulance service. They know when we re dispatched, when they arrive on the scene and when they leave. Acadian Ambulance keeps their own response time records. There have been several times when working for Acadian Ambulance Service when he was in route to a call and the computer would show that he was already on the scene. He asked his supervisor the first time it happened why it was showing that they were already on the scene and the supervisor told him that is the way it s set up. This is why Acadian Ambulance Service has never been fined; they keep their own records for response time. The next item on the agenda is a resolution to West Calcasieu Cameron Hospital Ambulance Service concerning the sale of ambulance service to Acadian Ambulance Service of Lafayette. Mr. Moss stated that due to a member of his family being on the Board for Cal-Cam Hospital and being business affiliated with the hospital he will abstain from voting on this resolution. Motion was then made by Mr. Koonce seconded by Mrs. Tower that the following resolution be adopted to-wit: Resolution requesting West Calcasieu Cameron Hospital to postpone the sale of their ambulance service. BE IT RESOLVED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby request West Calcasieu Cameron Hospital to postpone the sale of their ambulance service to Acadian Ambulance Service for 90 days (i.e. November 25, 2009). A vote was then called with the results as follows: YEAS: Mr. Duncan, Mr. Koonce NAYS: Mrs. Ellender, Mrs. Tower ABSENT: None ABSTAIN: Mr. Moss And the above resolution failed on this 10 th day of August,

8 ATTEST: ARLENE BLANCHARD, Clerk CHRISTOPHER DUNCAN, Chairman The next item on the agenda is a public hearing and adoption of ordinance granting an exception in accordance with Article IV, Part 3, Section 4 (3) (b) to Joseph Hardy, vacant lot located north of 715 Post Oak Road, to construct duplexes. Mr. Koonce stated that Mr. Hardy is out of compliance with item #11 on the agenda (Rule to Show Cause at 413 Cypress Street), therefore he feels that the Council can t adopt this ordinance. Mr. Moss stated that Mr. Hardy bought his demolition permit already so he isn t in violation. Mrs. Tower stated that just because he purchased his permit doesn t mean he ll demolish it. Motion was then made by Mr. Koonce seconded by Mrs. Tower that the following amendment be added to the ordinance: Cypress Street (garage apartment in rear) shall be demolished and inspected prior to issuing any permit. Motion carried. Motion was then made by Mrs. Tower seconded by Mr. Moss that the following ordinance be adopted to-wit: ORDINANCE NO. 934, M-C SERIES ORDINANCE GRANTING AN EXCEPTION, IN ACCORDANCE WITH ARTICLE IV, PART 3, SECTION 4 (3) (b) TO JOSEPH HARDY, VACANT LOT LOCATED NORTH OF 715 POST OAK ROAD TO CONSTRUCT DUPLEXES. WHEREAS, the following described property located in the City of Sulphur, State of Louisiana, granting an exception in accordance with Article IV, Part 3, Section 4 (3) (b) to Joseph Hardy, to-wit: Lot 2 Blk 1 Merwood Park WHEREAS, improvements on the property will include a duplex with the following stipulations: 8

9 1. A 6 foot wooden fence shall be constructed on east side of property. 2. An approved drainage plan must be put in place prior to issuing permit Cypress Street (garage apartment in rear) shall be demolished and inspected prior to issuing any permit. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SULPHUR, LOUISIANA, IN REGULAR SESSION CONVENED THAT: The Land Use Ordinance of the City of Sulphur is hereby amended to grant an exception to Joseph Hardy for the following described property to wit: Lot 2 Blk 1 Merwood Park This exception is granted by the City of Sulphur and may be withdrawn by the City of Sulphur should said exception 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 exception, 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. That the owner of this exception 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 exception shall be withdrawn and considered null and void. BE IT FURTHER ORDAINED that this Ordinance shall become effective upon Mayor s signature. A vote was then called with the results as follows: YEAS: Mrs. Ellender, Mr. Koonce, Mr. Duncan, Mrs. Tower, Mr. Moss NAYS: None ABSENT: None 9

10 And the said ordinance was declared duly adopted on this 10 th day of August, ATTEST: ARLENE BLANCHARD, Clerk CHRISTOPHER DUNCAN, Chairman The next item on the agenda is a public hearing and adoption of ordinance granting an exception in accordance with Article IV, Part 3, Section 4 (3) (b) to Joseph Hardy, 802 West Napoleon Street, to construct duplexes. Motion was made by Mrs. Ellender seconded by Mr. Koonce that the following amendment be made: Motion carried. 413 Cypress Street (garage apartment in rear) shall be demolished and inspected prior to issuing any permit. Motion was then made by Mrs. Ellender seconded by Mr. Koonce that the following ordinance be adopted to-wit: ORDINANCE NO. 935, M-C SERIES ORDINANCE GRANTING AN EXCEPTION, IN ACCORDANCE WITH ARTICLE IV, PART 3, SECTION 4 (3) (b) TO JOSEPH HARDY, 800 & 802 WEST NAPOLEON STREET TO CONSTRUCT DUPLEXES. WHEREAS, the following described property located in the City of Sulphur, State of Louisiana, granting an exception in accordance with Article IV, Part 3, Section 4 (3) (b) to Joseph Hardy, to-wit: W 75 FT OF COM INTERSECTION OF S R/W LINE S P R/R R/W (LA WESTERN RR) W LINE COMMON TO SECS 33 AND , TH S 167 FT M/L TO N/L HWY 90, W 150 FT N 167 FT M/L WHEREAS, improvements on the property will include a duplex with the following stipulation: Cypress Street (garage apartment in rear) shall be demolished and inspected prior to issuing any permit. 10

11 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SULPHUR, LOUISIANA, IN REGULAR SESSION CONVENED THAT: The Land Use Ordinance of the City of Sulphur is hereby amended to grant an exception to Joseph Hardy for the following described property to wit: W 75 FT OF COM INTERSECTION OF S R/W LINE S P R/R R/W (LA WESTERN RR) W LINE COMMON TO SECS 33 AND , TH S 167 FT M/L TO N/L HWY 90, W 150 FT N 167 FT M/L This exception is granted by the City of Sulphur and may be withdrawn by the City of Sulphur should said exception 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 exception, 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. That the owner of this exception 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 exception shall be withdrawn and considered null and void. BE IT FURTHER ORDAINED that this Ordinance shall become effective upon Mayor s signature. A vote was then called with the results as follows: YEAS: Mrs. Ellender, Mr. Koonce, Mr. Duncan, Mrs. Tower, Mr. Moss NAYS: None ABSENT: None And the said ordinance was declared duly adopted on this 10 th day of August,

12 ATTEST: ARLENE BLANCHARD, Clerk CHRISTOPHER DUNCAN, Chairman The next item on the agenda is a public hearing and adoption of ordinance granting a variance to Elga LeBrun, 1052 Franklin Street, to allow for son s RV to be placed temporarily based on mother s health. Mrs. Ellender stated that this is not an emergency situation but the Council has adopted this sort of ordinance in the past and she supports this variance. Mrs. Tower stated that this is less of a hardship case. It sounds like they only need a place to park their RV when they are in town. You ve got good neighbors that say they don t mind but she doesn t feel the Council should grant this variance. Mr. LeBrun, son of Elga LeBrun, addressed the Council and stated that his mother is scared to stay by herself because the neighborhood she lives in is not a good neighborhood. He helps her take care of her yard and wants to be there for his mother. He has agreed to everything the Council and Land Use Commission asked him to do. Mrs. Tower then stated that the ordinance reads that the RV can t be parked on his mother s property more than 180 days per year. How is this going to help your mother? Mr. Moss then stated that he commended Mr. LeBrun for wanting to help his mother and the Council has granted this sort of variance many times before. Motion was then made by Mrs. Ellender seconded by Mr. Koonce that the following ordinance be adopted to-wit: ORDINANCE NO. 936, M-C SERIES AN ORDINANCE GRANTING A VARIANCE TO ARTICLE IV, PART 3, SECTION 2 (2) OF THE LAND USE ORDINANCE OF THE CITY OF SULPHUR, LOUISIANA, TO ELGA LEBRUN, 1052 FRANKLIN STREET, SULPHUR, LOUISIANA, TO EXEMPT CERTAIN PROPERTY AND IMPROVEMENTS. 12

13 WHEREAS, the following described property located in the City of Sulphur, State of Louisiana, is owned by Elga LeBrun, 1052 Franklin Street, Sulphur, Louisiana 70663, to-wit: LOTS 13 & 14 OF PINE PARK ADD #1 TO THE TOWN OF SULPHUR, LOUISIANA AS PER PLAT RECORDED IN PLAT BOOK 5, PAGE 177 OF THE RECORDS OF CALCASIEU PARISH, LOUISIANA WHEREAS, improvements on the property will include Ms. LeBrun s son s RV to be placed temporarily based on mother s health with the following stipulations: 1. No connection shall be made to the City sanitary sewerage system. 2. Occupancy shall not exceed 180 calendar days out of any 365 calendar day period. 3. Variance is subject to revocation by City at any time for any cause. 4. Variance shall be effective for 12 months from date of adoption. 5. Variance shall be renewable by action of the Land Use Commission upon application from the property owner. 6. Variance shall terminate upon any change in ownership of this location. WHEREAS, no variance shall be valid for a period longer than 6 months unless a building permit is issued and construction has commenced, or unless a Certificate of Occupancy is issued and a use commenced within such period. The Land Use Administrator may, with just cause, extend the validity of a variance beyond six (6) months for an additional term to be determined by the Administrator; and WHEREAS, said variance is valid only to property owner issued to. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SULPHUR, LOUISIANA, IN REGULAR SESSION CONVENED THAT: The Land Use Ordinance of the City of Sulphur is hereby amended to grant a variance to Elga LeBrun, of Article IV, Part 3, Section 2 (2) to exempt the following described property to wit: LOTS 13 & 14 OF PINE PARK ADD #1 TO THE TOWN OF SULPHUR, LOUISIANA AS PER PLAT RECORDED IN PLAT BOOK 5, PAGE 177 OF THE RECORDS OF CALCASIEU PARISH, LOUISIANA This variance is granted by the City of Sulphur and may be withdrawn by the City of Sulphur should said variance 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, 13

14 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 variance, 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. That the owner of this variance 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 variance. No work shall commence until all applicable permits are obtained. In the event work is commenced prior to obtaining all applicable permits, this variance shall be withdrawn and considered null and void. BE IT FURTHER ORDAINED that this Ordinance shall become effective upon Mayor s signature. A vote was then called with the results as follows: YEAS: Mrs. Ellender, Mr. Koonce, Mr. Duncan, Mrs. Tower, Mr. Moss NAYS: None ABSENT: None And the said ordinance was declared duly adopted on this 10 th day of August, ATTEST: ARLENE BLANCHARD, Clerk CHRISTOPHER DUNCAN, Chairman The next item on the agenda is a public hearing and adoption of ordinance amending Chapter 18, Section 24 (j) to provide for (5) (Administrative approval of subdividing). Motion was made by Mrs. Tower seconded by Mr. Moss to adopt the following ordinance: 14

15 ORDINANCE AMENDING CHAPTER 18, SECTION 24 (J) TO PROVIDE FOR (5) (ADMINISTRATIVE APPROVAL OF SUBDIVIDING). Mr. Moss stated that he doesn t question Mr. Bruce s (Land Use Administrator) authority by approving the subdividing of lots administratively but there will be no meeting for the public to object. He feels if someone is going to subdivide an acre of land into five or less lots then the neighborhood should have a right to a public hearing. Mr. Bruce stated that this ordinance was drafted in response to input from the Land Use Commission and City Council so subdividing could be streamlined. Mike Danahay, State Representative, addressed the Council and stated that the public needs notification of what is going on in their neighborhoods. Give the neighbors a chance to voice their opinions. Mrs. Tower stated that she wanted to make it known that this ordinance would allow for John Bruce, Land Use Administrator, to subdivide 5 or less lots when there is no infrastructure involved. After discussion, Mrs. Tower and Mr. Moss both withdrew there motions and the following ordinance died for lack of motion: ORDINANCE AMENDING CHAPTER 18, SECTION 24 (J) TO PROVIDE FOR (5) (ADMINISTRATIVE APPROVAL OF SUBDIVIDING). BE IT ORDAINED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby amend Chapter 18, Section 24 (j) of the Code of Ordinances of the City of Sulphur to provide for (5) (Administrative Approval of Subdividing) to read as follows: Sec Procedure. (a) Conference with commission staff. The subdivider or his engineer is invited to review his proposed development with the staff of the council before proceeding with his plans for a subdivision. (b) Preliminary plan. After a conference with the council staff, the subdivider shall submit four (4) black and white prints of the preliminary plans to the secretary of the council who will check the preliminary plan for compliance with the geometric standards and the preliminary plan requirements. When these requirements are fulfilled, the secretary will submit the preliminary plan to the council for approval of the subdivision. 15

16 Upon approval by the council, the secretary will return to the subdivider an approved copy of the preliminary plan. If the subdivider fails to proceed with the steps required in subsections (c) through (e) below within six (6) months from the date of preliminary approval, the council reserves the right to cancel its preliminary approval. The preliminary approval of all incomplete subdivisions on file with the city at the time of adoption of these regulations shall be canceled six (6) months after adoption of these regulations unless application is made by the subdivider for renewal of the preliminary approval. (c) Final plat and construction plans. The subdivider or his engineer shall confer with the city council and the health unit to determine the standards and specifications which will govern proposed improvements. After preliminary approval of the geometric layout has been granted by the council, the developer shall submit complete construction plans for the entire development of the area given preliminary approval together with a complete and accurate contour map using mean sea level datum, to the city engineer for their review and approval. The construction plans shall include the complete design of the sanitary sewer system, storm drainage system, and the street system for the entire area to be subdivided. It shall be recognized as a principle that the sanitary sewer and storm drainage facilities cannot be properly designed on a piecemeal basis and that the entire area should be studied and worked out as a unit giving due consideration to the problems which may be created by the subdivision of adjacent lands, especially as pertains to drainage. The subdivider shall do no construction work until his completed construction plans have been approved by the city engineering department, and a reasonable time must be allotted for the proper study of the plans submitted. After the construction plans have been approved, the subdivider and his engineer shall proceed with the preparation of the final plat. The subdivider shall not sell any lots in the subdivision until the final plat has been approved. (d) Distribution of final plat and construction plan. When the final plat and construction plans are complete, the subdivider shall distribute black and white prints as follows: (1) Two (2) copies of the final plat and one (1) copy of construction plans to the secretary of the council; (2) Two (2) copies of the final plat, one (1) set of linen or reproducible tracings of construction plans and two (2) copies of construction plans to the city engineer; (3) One (1) copy of the final plat and two (2) copies of sewer construction plans to the health unit. (e) Approval of construction plans. After construction plans have been approved by the city engineer and sewer construction plans have been approved by the department of public health and the health unit, the secretary of the council shall be notified of the approval in writing. (f) Construction of improvements. After approved construction plans have been filed with the secretary of the council, the subdivider may construct the required improvements. The city engineer shall be notified in advance of the date that the construction shall begin. Construction shall be performed under the supervision of the city engineer and shall at all times be subject to inspection by that department. However, this in no way shall relieve the subdivider and his engineer of close field supervision and final compliance with approved plans and specifications. A field inspection shall be 16

17 maintained continuously on the site during all phases of the construction of sanitary sewers, underground storm drains and street pavements. The city engineer may demand that any inspector who appears incompetent or otherwise unsatisfactory shall be replaced by a satisfactory inspector. No construction work shall be undertaken prior to notifying the city engineer of the date on which the work will be commenced. The city engineer shall not accept any construction work which is in such a condition that it will require immediate and excessive maintenance by the city. (g) Acceptance of improvements. When construction is complete and in accordance with the approved plans and specifications and complies with the provisions of these regulations, the subdivider shall submit to the city the following for review: (a) Written certification from the professional of record that the constructed work conforms with city approved plans and specifications. (b) All quality control test reports on utilities and roadways and then obtain written final approval and acceptance from the city engineer and submit such written approval to the secretary of the council. (h) Approval of final plat. Upon completion and acceptance of improvements, the secretary of the council shall check the final plat for conformity with the preliminary plans and for compliance with section He shall then submit the plat to the council for final approval, and will indicate the approval by his signature on the plat. (i) Filing and distribution of final plat. The subdivider shall furnish the secretary of the council with eight (8) black and white prints or blue lines of the signed final plat and shall deposit with the secretary the sum of ten dollars ($10.00) covering costs of handling and recordation and within thirty (30) days after final approval, the secretary shall record a copy of the final plat in the office of the clerk and recorder. The prints shall be distributed as follows: one (1) copy for the files of the council, two (2) copies for the office of the clerk of court and recorder, one (1) copy for the parish assessor, one (1) copy for the health unit, two (2) copies for a Van Dyke positive reproducible print with city engineer. (j) Exceptions. The following exceptions to certain provisions of this section are permissible: (1) Bond in lieu of immediate construction. In lieu of immediate construction of improvements as required in subsection (f), the subdivider may file with the council a surety bond securing to the city council the actual satisfactory construction of proposed improvements within a period of not more than two (2) years from the date of the bond. The amount of the bond shall be approved by the city engineer and the form of the bond shall be approved by the city attorney. The bond shall be subject to cancellation only upon written approval of the director of the department of public works. (2) Subdivision or portion of a tract. The owner or developer of a tract shall prepare a preliminary plan for the entire tract and then may submit a final plat for only a portion of the tract. No construction shall be started until construction plans for the entire area covered by the final plat have been approved. Improvements must be installed for all of that area for which a final plat is submitted and the owner may sell, lease or offer for sale or lease only those lots in the improved portion of the property. In such cases of partial development of a subdivision, the street system, drainage system, trunk sewers and sewerage treatment plans shall be designed and built to serve the entire area, or designed and built in such a manner as to be easily expanded or extended to serve the entire area. 17

18 (3) Subdivisions not involving improvements. After preliminary approval has been granted and it is determined by the council that no improvements are required, the subdivider may eliminate the steps required by subsections (c) through (g), except to prepare the final plat and submit two (2) black and white or blue lines to the secretary of the council. (4) Subdivisions consisting of five (5) lots or less. For subdivisions consisting of five (5) lots or less, the final plat may be submitted in lieu of a separate preliminary plan. (5) Administrative approval of subdivisions. Proposed subdivisions that meet the requirements of Section18-24 (j) (3) and (4) may be approved administratively by the Land Use Administrator. The approval shall be reduced to writing and shall be filed with the secretary of the council. ATTEST: And the said ordinance died for lack of motion on this 10 th day of August, ARLENE BLANCHARD, Clerk CHRISTOPHER DUNCAN, Chairman The next item on the agenda is a public hearing and adoption of ordinance amending Sales Tax Fund Budget and Capital Improvement Budget for fiscal year Motion was made by Mr. Koonce seconded by Mr. Moss that the following ordinance be adopted to-wit: ORDINANCE NO. 937, M-C SERIES AN ORDINANCE AMENDING AND RE-ADOPTING THE SALES TAX FUND BUDGET AND CAPITAL PROJECTS BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 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 Sales Tax Fund Budget and Capital Projects Budget of the City of Sulphur, Louisiana, for the fiscal year ending June 30, 2009, 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 of the Mayor. 18

19 A vote was then called with the results as follows: YEAS: Mrs. Ellender, Mr. Koonce, Mr. Duncan, Mrs. Tower, Mr. Moss NAYS: None ABSENT: None And the said ordinance was declared duly adopted on this 10 th day of August, ATTEST: ARLENE BLANCHARD, Clerk CHRISTOPHER DUNCAN, Chairman The next item on the agenda is a public hearing and adoption of ordinance declaring certain surplus movable properties (vehicles) of the City of Sulphur and providing for the sale thereof. Motion was made by Mr. Moss seconded by Mr. Koonce that the following vehicles be added: 2002 Chevrolet Impala, Vin# 2G1WF55K $ Dodge Intrepid, Vin# 2B3HD46V04H $ Chevrolet Caprice, Vin# 1G1BL52W0RR $ 400 To be donated to Beauregard Parish Narcotics Task Force Motion carried. Motion was then made by Mr. Moss seconded by Mr. Koonce that the following ordinance be adopted to-wit: ORDINANCE NO. 938, M-C SERIES, AS AMENDED AN ORDINANCE DECLARING CERTAIN SURPLUS MOVABLE PROPERTY OF THE CITY OF SULPHUR AND PROVIDING FOR THE SALE AND DONATION THEREOF. BE IT ORDAINED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, and in accordance with LA. R.S. 33:4712, that the following described surplus movable property of the City of Sulphur, not needed for public purposes, after having been duly advertised be declared surplus: 19

20 Approximate Value 1995 Buick Park Avenue, Vin# 1G4CU5217SH $ Ford Mustang, Vin# 1FACP42E8MF $ Buick Regal, Vin# 2G4WB52L3S $ Cadillac Fleetwood, Vin# 1G6CB133XL $ Ford F250 PU, Vin# 1FTEF25H0NNA71949 $ Ford F150 PU, Vin# 1FTDF15Y1NPB00739 $ Chevrolet Impala, Vin# 2G1WF55K $ Dodge Intrepid, Vin# 2B3HD46V04H $ Chevrolet Caprice, Vin# 1G1BL52W0RR $ 400 To be donated to Beauregard Parish Narcotics Task Force BE IT FURTHER ORDAINED that the afore-mentioned surplus movable property (vehicles) will be offered for sale at an auction to be held at a later date. BE IT ALSO FURTHER ORDAINED that Mayor Ron LeLeux is authorized to sign all documents in connection therewith. BE IT ALSO FURTHER ORDAINED that this ordinance shall become effective immediately upon the Mayor s signature. A vote was then called with the results as follows: YEAS: Mrs. Ellender, Mr. Koonce, Mr. Duncan, Mrs. Tower, Mr. Moss NAYS: None ABSENT: None And the said ordinance was declared duly adopted on this 10 th day of August, ATTEST: ARLENE BLANCHARD, Clerk CHRISTOPHER DUNCAN, Chairman The next item on the agenda is Rule to Show Cause for the condition of the following addresses: 910 Invader Motion was made by Mr. Koonce seconded by Mrs. Ellender that the carport and (2) two sheds be demolished. Motion carried. 20

21 611 South Crocker Motion was made by Mr. Koonce seconded by Mrs. Tower that this address be demolished. Motion carried. 413 Cypress Motion was made by Mr. Moss seconded by Mr. Koonce that the garage apartment be demolished. Motion carried. The next item on the agenda is a resolution authorizing the advertisement of bids for 4 Police Units. Motion was made by Mr. Koonce seconded by Mrs. Tower that the following resolution be adopted to-wit: RESOLUTION NO. 2195, M-C SERIES Resolution authorizing the advertisement of bids for four Police Units. BE IT RESOLVED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby authorize the advertisement of bids for four Police Units, said bids to be in accordance with the quantities and specifications on file with City of Sulphur Purchasing Department. BE IT FURTHER RESOLVED that the advertisement of bids will be in The Southwest Daily News, the official journal of the City of Sulphur, in three separate publications, giving notice as follows: NOTICE TO BIDDERS Separate and sealed bids for four Police Units will be received by the Clerk of the Council until 10:00 a.m. on the 1st day of September, 2009, at which time bids will be opened and read aloud in an open and public bid opening session to be conducted by the Director of Finance in the Conference Room at the City Hall, and shall be awarded at a regular meeting on the 14th day of September, 2009 at 5:30 p.m. A vote was then called with the results as follows: YEAS: Mrs. Ellender, Mr. Koonce, Mr. Duncan, Mrs. Tower, Mr. Moss NAYS: None ABSENT: None And the said resolution was declared duly adopted on this 10 th day of August,

22 ATTEST: ARLENE BLANCHARD, Clerk CHRISTOPHER DUNCAN, Chairman The next item on the agenda is a resolution requesting LA DOTD to resurface Highway 90 through the city limits of Sulphur. Motion was made by Mr. Koonce seconded by Mrs. Tower that the following resolution be adopted to-wit: RESOLUTION NO. 2196, M-C SERIES Resolution requesting LA DOTD to resurface Highway 90 through the city limits of Sulphur. BE IT RESOLVED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby request LA DOTD to resurface Highway 90 through the city limits of Sulphur. A vote was then called with the results as follows: YEAS: Mrs. Ellender, Mr. Koonce, Mr. Duncan, Mrs. Tower, Mr. Moss NAYS: None ABSENT: None And the said resolution was declared duly adopted on this 10 th day of August, ATTEST: ARLENE BLANCHARD, Clerk CHRISTOPHER DUNCAN, Chairman The next item on the agenda is a resolution authorizing Mayor LeLeux to sign agreement with LA DOTD for the Safe Routes to School Program. Motion was made by Mr. Moss seconded by Mrs. Ellender that the following resolution be adopted to-wit: 22

23 RESOLUTION NO. 2197, M-C SERIES Resolution authorizing Mayor LeLeux to sign agreement with LA DOTD for the Safe Routes to School Program. BE IT RESOLVED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby authorize Mayor LeLeux to sign agreement with LA DOTD for the Safe Routes to School Program. A vote was then called with the results as follows: YEAS: Mrs. Ellender, Mr. Koonce, Mr. Duncan, Mrs. Tower, Mr. Moss NAYS: None ABSENT: None And the said resolution was declared duly adopted on this 10 th day of August, ATTEST: ARLENE BLANCHARD, Clerk CHRISTOPHER DUNCAN, Chairman The next item on the agenda is a discussion regarding dead trees on property threatening neighbor s homes/property. Mrs. Tower asked the Director of Public Works to see what other locations had dead tree issues on private property. Mr. Koonce stated that he wouldn t mind adopting and ordinance but only if it s endangering a home or structure. Mr. Moss asked who would enforce this ordinance if the Council adopted it and who would determine if the tree was dead? Mrs. Tower asked that the Public Works Director and City Attorney to research this. Mr. Duncan stated that it s a civil matter; the best way to handle this is for the neighbor to send a certified letter to his neighbor that has the tree. There being no further business to come before the Council, the Chairman declared this meeting adjourned. 23

24 ATTEST: ARLENE BLANCHARD, Clerk CHRISTOPHER DUNCAN, Chairman 8/10/09 7:40 P.M. 24