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P.O. Box 5418
Thibodaux, LA 70302
985-446-7218
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Office: (985) 446-7200
310 West Second St.
P.O. Box 5418
Thibodaux, Louisiana 70302

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City of Thibodaux, LA

OFFICIAL MINUTES OF THE CITY COUNCIL
CITY OF THIBODAUX
CITY HALL
THIBODAUX, LOUISIANA
JANUARY 20, 2004

 

          

            The City Council of the City of Thibodaux assembled in regular session at its regular meeting place, City Hall, 310 West 2nd Street, Thibodaux, Louisiana, on Tuesday, January 20, 2004 at 5:00 o’clock P.M.

            There were present:  Councilmen Swanner, Gene Richard, Winston, Dee Richard and Mire.

            There were also present:  Mayor Charles Caillouet and Ms. Germaine Jackson, City Attorney.

            The minutes of the January 6, 2004 Council meeting were approved as written.

            The Fire Chief has requested that the Council consider the introduction of an ordinance that, if adopted, will amend the language in Section 2-14 of the City Code of Ordinances so as to allow three false alarms in a 12-month period as opposed to one calendar year.

            Councilman Dee Richard introduced an ordinance to amend and re-enact Section 2-12 of the Thibodaux City Code of Ordinances.  The public hearing on this ordinance will be held at the February 3, 2004 City Council meeting.     

            The Fire Chief has requested that the Council consider the introduction of an ordinance, which, if adopted, will amend the language in Sections 18-83 and 18-164 of the City Code of Ordinances so as to dictate that the City Fire Inspector will conduct hydrant flow tests prior to the final approval of subdivisions into the City.

            Councilman Winston introduced an ordinance to amend and re-enact Section 18-83 and 18-164 of the City Code of Ordinances (Subdivision Regulations – Fire Hydrants).  The public hearing on this ordinance will be held at the February 3, 2004 City Council meeting.

            The project engineer has advised the Council Administrator that it is necessary for the City Council to consider the adoption of a resolution approving Change Order No. 1 for the Thibodaux Reservoir Project.  This change order is a result of the need to adjust contract quantities as a result of the actual work performed on the project.  The proposed change order will decrease the contract price by $1,350.50 thereby making the final contract price $893,649.50.

            On motion of Councilman Dee Richard, seconded by Councilman Winston, the Council voted to adopt a resolution approving Change Order No. 1 for the Thibodaux Reservoir Project.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

  

RESOLUTION NO. 1000

 

 A RESOLUTION AUTHORIZING THE MAYOR TO

SIGN CHANGE ORDER #1 WITH R.L. MIXON CONTRACTORS

FOR THE THIBODAUX RESERVOIR PROJECT

 

     BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

     WHEREAS, the City entered into a contract with R.L. Mixon Contractors, Inc. for the Thibodaux Reservoir Project; and

     WHEREAS, due to the reconciliation of all contract quantities the execution of a change order is required; and

     WHEREAS, the proposed change order decreases the contract price in the amount of  $1,350.50 under the original contract bid for a final contract price of $893,649.50.

                 NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute Change Order No. 1 with R.L. Mixon Contractors, Inc. in the amount mentioned above.

     BE IT FURTHER RESOLVED that a copy of the said change order is attached hereto as "Exhibit A" and thereby made a part hereof.

     The above resolution having been submitted to a vote, the vote thereon was as follows:

     YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

     NAYS: None

     ABSTAIN: None

     ABSENT: None

     And the above resolution was declared adopted this 20th day of January 2004.

/s/Tommy Eschete                                          /s/Chad J. Mire

Tommy Eschete, Council Adm.                     Chad J. Mire, President

            The project engineer has advised the Council Administrator that the Thibodaux Reservoir Project is substantially complete in accordance with all contract documents and specifications.  Therefore, it is necessary for the Council to consider the adoption of a resolution of substantial completion in order to commence the 45-day lien period on this contract.

            On motion of Councilman Swanner, seconded by Councilman Dee Richard, the Council voted to adopt a resolution of Substantial Completion for the Thibodaux Reservoir Project.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

RESOLUTION NO.  1001

     BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

     WHEREAS, the City of Thibodaux entered into a contract with R.L. Mixon Contractors, Inc. dated October 2, 2002 for the Thibodaux Water Reservoir and Greenspace Project; and      

     WHEREAS, the work under the aforementioned contract was substantially complete in accordance with the plans and specifications by the contractor on December 17, 2003; and

     WHEREAS, a final inspection was conducted by representatives of the City and the Project Engineer; and

     WHEREAS, all work was found to be satisfactory for acceptance with respect to the application for payment by the contractor.

     NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Thibodaux in regular session on January 20, 2004 that the work under the aforementioned project be and is hereby accepted as substantially complete on the date hereinbefore specified.

     BE IT FURTHER RESOLVED that the Council Administrator is hereby authorized to file with the Clerk of Court of the Parish of Lafourche, a certified copy of this resolution in order to commence the 45-day lien period.

     BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to R.L. Mixon Contractors, P.O. Box 14086, Baton Rouge, LA 70898, and to Badeaux Engineers, Inc., P.O. Box 1056, Thibodaux, LA 70302.

      The above resolution having been submitted to a vote, the vote thereon was as follows:

     YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

     NAYS:     None

     ABSENT: None

     ABSTAIN: None

         And the above resolution was declared adopted this 20th day of January 2004.

/s/Tommy Eschete                                       /s/Chad J. Mire

Tommy Eschete, Council Adm.                   Chad J. Mire, President

            The City received bids on January 13, 2004 for the Peltier Park Improvement Project that was designed by Picciola & Associates, Inc.  The lowest responsible bid was received from Sealevel Construction.  The project engineer is recommending that the City accept the low bid and alternate A submitted in the amount of $302,677.05.

            Councilman Dee Richard asked if improvements to the parks restrooms were included in this project.  The Council Administrator stated that it was one of the alternate proposals in the bids, but they were not included in the recommendation at this time.

            Councilman Swanner asked what the cost of the restroom renovations were, and if they would be done soon.  Joe Picciola, the Project Engineer, stated that the costs totaled about $25,000 to change the stalls, and fixtures in all of the restrooms and make them ADA compliant.  The Parks Director stated that she is currently working with the Grants Director to apply for grant funding for the ADA Improvements to the restrooms.

            On motion of Councilman Dee Richard, seconded by Councilman Gene Richard, the Council voted to adopt a resolution accepting the low bid of Sealevel Construction for the Peltier Park Improvement Project, and authorizing the Mayor to execute the construction contract.  Upon roll call the vote was as follows:

YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

RESOLUTION NO.  1002

A RESOLUTION ACCEPTING THE LOW BID OF SEALEVEL

CONSTRUCTION, INC. FOR THE PELTIER PARK IMPROVEMENT PROJECT AND AUTHORIZING THE MAYOR TO SIGN A CONTRACT THEREWITH              

      BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that;

     WHEREAS, the City has received bids for the improvements to Peltier Park; and

     WHEREAS, the low base bid and alternate received was from Sealevel Construction, Inc. in the amount of $302,677.05; and

     WHEREAS, it is necessary to consider the acceptance of the low bid and execute a contract with the said contractor for the services mentioned hereinbefore.

     NOW, THEREFORE BE IT RESOLVED that the City does hereby accept the low bid submitted by Sealevel Construction, Inc. in the amount stated hereinbefore.  

     BE IT FURTHER RESOLVED by the City Council that the Mayor be and is hereby authorized to execute a contract with Sealevel Construction, Inc., for the Peltier Park Improvement Project.

     BE IT FURTHER RESOLVED that in addition to the contract document itself, the Mayor is also empowered to execute all change orders relative to the contract after approval by the City Council by means of an appropriate resolution.

     BE IT FURTHER RESOLVED that a copy of the said contract is attached hereto as "Exhibit A" and thereby made a part hereof.

     The above resolution having been submitted to a vote, the vote thereon was as follows:

     YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

     NAYS: None

     ABSTAIN: None

     ABSENT: None

     And the above resolution was declared adopted this 20th day of January 2004.

/s/Tommy Eschete                                          /s/Chad J. Mire

Tommy Eschete, Council Adm.                     Chad J. Mire, President

            The City Attorney has informed the Council Administrator that a settlement (consent judgment) has been reached in the lawsuit filed against the City concerning ADA compliance relative to sidewalk access.  The proposed judgment calls for the City to pay fees and costs in the amount of $13,650.00, and also lists those sidewalk areas that must be improved and the amount of time in which those improvements must be made. 

On motion of Councilman Gene Richard, seconded by Councilman Swanner, the Council voted to adopt a motion to recess to executive session to discuss ongoing litigation entitled Ann Howell vs. City of Thibodaux, USDC/EDLA No. 03-0679, Section “J” MAG. DIV 5, concerning ADA Compliant curb ramps and/or accessible pathways on City streets.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

            On motion of Councilman Winston, seconded by Councilman Dee Richard, the Council voted to return to regular session.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

            On motion of Councilman Gene Richard, seconded by Councilman Winston, the Council voted to adopt a resolution authorizing the execution of documents allowing a consent judgment in the lawsuit entitled Ann Howell vs. City of Thibodaux USDC/EDLA.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

RESOLUTION NO. 1003

A RESOLUTION AUTHORIZING THE EXECUTION OF      

DOCUMENTS ALLOWING A CONSENT JUDGMENT IN THE LAWSUIT ENTITLED ANN HOWELL V. CITY OF THIBODAUX, USDC/EDLA NO. 03-0679, SECTION “J” MAG. DIV 5.

 

            BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

            WHEREAS, the City of Thibodaux is a party in the lawsuit entitled Ann Howell v. City of Thibodaux, USDC/EDLA No. 03-0679, Section “J” Mag. Div 5, and

            WHEREAS, the City Council of the City of Thibodaux has found that it is in the best interest of the City of Thibodaux to enter into a consent judgment in this matter, and,

            WHEREAS, the Council also finds that the consent judgment will avoid further litigation cost of this matter and will lead to a resolution of this matter,

             WHEREAS, the consent judgment would require the City of Thibodaux to: fulfill certain obligations to install ADA-compliant curb ramps and/or accessible pathways when it constructs or alters, within the meaning of the ADA, any portion of a city street or sidewalk; properly maintain all existing and future curb ramps and accessible pathways to keep them ADA-compliant; ensure that future contracts and on-going contracts for construction or alteration, within the meaning of the ADA, provide for ADA-compliant curb ramps and/or accessible pathways; provide ADA-complaint ramps and/or accessible pathways at various intersections throughout the City within designated time periods; provide a safe, ADA-compliant means of egress from the street to reach pre-existing or simultaneously constructed pathways when a curb ramp or other accessible pathway is provided and provide for the payment of $13,500.00 in plaintiff’s attorney fees, $100.00 in filing fees and waive the $100.00 cost of document discovery,

            NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Thibodaux does hereby authorize the law firm of Phelps Dunbar, LLP to take the appropriate steps in finalizing a consent judgment in the matter of Ann Howell v. City of Thibodaux, USDC/EDLA No. 03-0679, Section “J” Mag. Div 5.  

            BE IT FURTHER RESOLVED that a final signed copy of the consent judgment shall be attached hereto as “Exhibit A” and thereby made a part hereof.

            The above resolution having been submitted to a vote, the vote thereon was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSTAIN: None

            ABSENT: None

            And the above resolution was declared adopted this 20th day of January 2004.

/s/Tommy Eschete                                                      /s/Chad J. Mire

Tommy Eschete, Council Adm.                                 Chad J. Mire, President

            A public hearing was held on an ordinance to re-zone property located on the south side of Acadia Road near Ledet Street from an M-2 to an R-3.  The Planning and Zoning Commission approved the request at its December 10, 2003 meeting.

            On motion of Councilman Dee Richard, seconded by Councilman Gene Richard, the Council voted to adopt an ordinance to amend Article I, Section 101 of the official zoning map to change the zoning classification for a tract of property from an M-2 District to an R-3 District.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

ORDINANCE NO.  2179                                 

                AN ORDINANCE TO AMEND ARTICLE I, SECTION

                101 OF THE OFFICIAL ZONING MAP, TO CHANGE

               THE ZONING CLASSIFICATION FOR A TRACT OF 

              PROPERTY FROM AN M-2 DISTRICT TO AN R-3 DISTRICT

 

        BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that:

     WHEREAS, in accordance with the provisions of Article I of the Thibodaux Zoning Ordinance, a tract of property on the south side of South Acadia Road is currently zoned M-2; and

     WHEREAS, in order to accommodate the actual uses of the aforesaid property, it has been requested by the owner of the said tract that the zoning designation be changed to R-3; and

     WHEREAS, a request for the said zoning change of the property was duly referred to the Thibodaux Planning and Zoning Commission, which, after all legal requirements, including public hearings, has recommended favorable consideration of the requests.

     NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Thibodaux that the aforesaid tract of property located south of South Acadia Road is hereby officially changed from the zoning classification of M-2 to that of R-3.

   BE IT FURTHER ORDAINED that the Official Zoning Map of the City of Thibodaux is hereby amended so as to reflect the changes in zoning designations as set forth herein.

     The above ordinance having been submitted to a vote, the vote thereon was as follows:

     YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

     NAYS: None

     ABSENT: None

     ABSTAINED: None

     And the above ordinance was declared adopted this 20th day of January 2004.

/s/Tommy Eschete                                       /s/Chad J. Mire

Tommy Eschete, Council Adm.                   Chad J. Mire, President

            A public hearing was then held on an ordinance accepting the utility servitude dedicated for the La Maison du Bayou student housing development.  The Planning and Zoning Commission approved this ordinance at their December 10, 2003 meeting.

            Councilman Gene Richard asked the Public Works Director if the servitudes have all been inspected.  Mr. Kraemer stated that they were and everything looks good.

            Councilman Mire stated that one of the servitudes has a tree located on it, and asked if we should require it to be removed, and also if the tree falls and causes damage would the City be responsible.  Mr. Kraemer stated that any damage caused by the tree would be the City’s responsibility, but he does not feel that we should ask for it to be removed at this time.

            On motion of Councilman Winston, seconded by Councilman Swanner, the Council voted to adopt an ordinance accepting the utility servitude dedicated for the La Maison du Bayou student housing development.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire
           
NAYS: None
           
ABSENT: None 

ORDINANCE NO. 2180    

 AN ORDINANCE ACCEPTING THE UTILITY SERVITUDE DEDICATEDFOR THE LA MAISON DU BAYOU STUDENT HOUSING DEVELOPMENT 

 

            BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that:

            WHEREAS, Collegiate Development, Inc. has approached the City concerning the dedication of utility servitudes for the La Maison Du Bayou Student Housing Development; and     

                                    WHEREAS, the Planning and Zoning Commission has reviewed the servitudes proposed by the said corporation and does recommend that the City accept the servitudes; and

                                    WHEREAS, it is necessary to accept the dedication of the servitudes by the adoption of an appropriate ordinance.

            NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Thibodaux that the City does hereby accept the utility servitudes conveyed to the City of Thibodaux by Collegiate Development in conjunction with the La Maison Du Bayou Student Housing Development.

            BE IT FURTHER ORDAINED that a copy of a plat illustrating the servitudes is attached hereto as Exhibit "A" and thereby made a part hereof.

            The above ordinance having been submitted to a vote, the vote thereon was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSTAINED: None 

            ABSENT: None

            And the above ordinance was declared adopted this 20th day of January 2004.

/s/Tommy Eschete                                          /s/Chad J. Mire

Tommy Eschete, Council Adm.                     Chad J. Mire, President

            There being no further business the meeting was adjourned.

 

___________________________                  _________________________

Tommy Eschete, Council Adm.                     Chad J. Mire, President
 
 
     
 
City of Thibodaux, LA

OFFICIAL MINUTES OF THE CITY COUNCIL
CITY OF THIBODAUX
CITY HALL
THIBODAUX, LOUISIANA
JANUARY 20, 2004

 

          

            The City Council of the City of Thibodaux assembled in regular session at its regular meeting place, City Hall, 310 West 2nd Street, Thibodaux, Louisiana, on Tuesday, January 20, 2004 at 5:00 o’clock P.M.

            There were present:  Councilmen Swanner, Gene Richard, Winston, Dee Richard and Mire.

            There were also present:  Mayor Charles Caillouet and Ms. Germaine Jackson, City Attorney.

            The minutes of the January 6, 2004 Council meeting were approved as written.

            The Fire Chief has requested that the Council consider the introduction of an ordinance that, if adopted, will amend the language in Section 2-14 of the City Code of Ordinances so as to allow three false alarms in a 12-month period as opposed to one calendar year.

            Councilman Dee Richard introduced an ordinance to amend and re-enact Section 2-12 of the Thibodaux City Code of Ordinances.  The public hearing on this ordinance will be held at the February 3, 2004 City Council meeting.     

            The Fire Chief has requested that the Council consider the introduction of an ordinance, which, if adopted, will amend the language in Sections 18-83 and 18-164 of the City Code of Ordinances so as to dictate that the City Fire Inspector will conduct hydrant flow tests prior to the final approval of subdivisions into the City.

            Councilman Winston introduced an ordinance to amend and re-enact Section 18-83 and 18-164 of the City Code of Ordinances (Subdivision Regulations – Fire Hydrants).  The public hearing on this ordinance will be held at the February 3, 2004 City Council meeting.

            The project engineer has advised the Council Administrator that it is necessary for the City Council to consider the adoption of a resolution approving Change Order No. 1 for the Thibodaux Reservoir Project.  This change order is a result of the need to adjust contract quantities as a result of the actual work performed on the project.  The proposed change order will decrease the contract price by $1,350.50 thereby making the final contract price $893,649.50.

            On motion of Councilman Dee Richard, seconded by Councilman Winston, the Council voted to adopt a resolution approving Change Order No. 1 for the Thibodaux Reservoir Project.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

  

RESOLUTION NO. 1000

 

 A RESOLUTION AUTHORIZING THE MAYOR TO

SIGN CHANGE ORDER #1 WITH R.L. MIXON CONTRACTORS

FOR THE THIBODAUX RESERVOIR PROJECT

 

     BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

     WHEREAS, the City entered into a contract with R.L. Mixon Contractors, Inc. for the Thibodaux Reservoir Project; and

     WHEREAS, due to the reconciliation of all contract quantities the execution of a change order is required; and

     WHEREAS, the proposed change order decreases the contract price in the amount of  $1,350.50 under the original contract bid for a final contract price of $893,649.50.

                 NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute Change Order No. 1 with R.L. Mixon Contractors, Inc. in the amount mentioned above.

     BE IT FURTHER RESOLVED that a copy of the said change order is attached hereto as "Exhibit A" and thereby made a part hereof.

     The above resolution having been submitted to a vote, the vote thereon was as follows:

     YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

     NAYS: None

     ABSTAIN: None

     ABSENT: None

     And the above resolution was declared adopted this 20th day of January 2004.

/s/Tommy Eschete                                          /s/Chad J. Mire

Tommy Eschete, Council Adm.                     Chad J. Mire, President

            The project engineer has advised the Council Administrator that the Thibodaux Reservoir Project is substantially complete in accordance with all contract documents and specifications.  Therefore, it is necessary for the Council to consider the adoption of a resolution of substantial completion in order to commence the 45-day lien period on this contract.

            On motion of Councilman Swanner, seconded by Councilman Dee Richard, the Council voted to adopt a resolution of Substantial Completion for the Thibodaux Reservoir Project.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

RESOLUTION NO.  1001

     BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

     WHEREAS, the City of Thibodaux entered into a contract with R.L. Mixon Contractors, Inc. dated October 2, 2002 for the Thibodaux Water Reservoir and Greenspace Project; and      

     WHEREAS, the work under the aforementioned contract was substantially complete in accordance with the plans and specifications by the contractor on December 17, 2003; and

     WHEREAS, a final inspection was conducted by representatives of the City and the Project Engineer; and

     WHEREAS, all work was found to be satisfactory for acceptance with respect to the application for payment by the contractor.

     NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Thibodaux in regular session on January 20, 2004 that the work under the aforementioned project be and is hereby accepted as substantially complete on the date hereinbefore specified.

     BE IT FURTHER RESOLVED that the Council Administrator is hereby authorized to file with the Clerk of Court of the Parish of Lafourche, a certified copy of this resolution in order to commence the 45-day lien period.

     BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to R.L. Mixon Contractors, P.O. Box 14086, Baton Rouge, LA 70898, and to Badeaux Engineers, Inc., P.O. Box 1056, Thibodaux, LA 70302.

      The above resolution having been submitted to a vote, the vote thereon was as follows:

     YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

     NAYS:     None

     ABSENT: None

     ABSTAIN: None

         And the above resolution was declared adopted this 20th day of January 2004.

/s/Tommy Eschete                                       /s/Chad J. Mire

Tommy Eschete, Council Adm.                   Chad J. Mire, President

            The City received bids on January 13, 2004 for the Peltier Park Improvement Project that was designed by Picciola & Associates, Inc.  The lowest responsible bid was received from Sealevel Construction.  The project engineer is recommending that the City accept the low bid and alternate A submitted in the amount of $302,677.05.

            Councilman Dee Richard asked if improvements to the parks restrooms were included in this project.  The Council Administrator stated that it was one of the alternate proposals in the bids, but they were not included in the recommendation at this time.

            Councilman Swanner asked what the cost of the restroom renovations were, and if they would be done soon.  Joe Picciola, the Project Engineer, stated that the costs totaled about $25,000 to change the stalls, and fixtures in all of the restrooms and make them ADA compliant.  The Parks Director stated that she is currently working with the Grants Director to apply for grant funding for the ADA Improvements to the restrooms.

            On motion of Councilman Dee Richard, seconded by Councilman Gene Richard, the Council voted to adopt a resolution accepting the low bid of Sealevel Construction for the Peltier Park Improvement Project, and authorizing the Mayor to execute the construction contract.  Upon roll call the vote was as follows:

YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

RESOLUTION NO.  1002

A RESOLUTION ACCEPTING THE LOW BID OF SEALEVEL

CONSTRUCTION, INC. FOR THE PELTIER PARK IMPROVEMENT PROJECT AND AUTHORIZING THE MAYOR TO SIGN A CONTRACT THEREWITH              

      BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that;

     WHEREAS, the City has received bids for the improvements to Peltier Park; and

     WHEREAS, the low base bid and alternate received was from Sealevel Construction, Inc. in the amount of $302,677.05; and

     WHEREAS, it is necessary to consider the acceptance of the low bid and execute a contract with the said contractor for the services mentioned hereinbefore.

     NOW, THEREFORE BE IT RESOLVED that the City does hereby accept the low bid submitted by Sealevel Construction, Inc. in the amount stated hereinbefore.  

     BE IT FURTHER RESOLVED by the City Council that the Mayor be and is hereby authorized to execute a contract with Sealevel Construction, Inc., for the Peltier Park Improvement Project.

     BE IT FURTHER RESOLVED that in addition to the contract document itself, the Mayor is also empowered to execute all change orders relative to the contract after approval by the City Council by means of an appropriate resolution.

     BE IT FURTHER RESOLVED that a copy of the said contract is attached hereto as "Exhibit A" and thereby made a part hereof.

     The above resolution having been submitted to a vote, the vote thereon was as follows:

     YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

     NAYS: None

     ABSTAIN: None

     ABSENT: None

     And the above resolution was declared adopted this 20th day of January 2004.

/s/Tommy Eschete                                          /s/Chad J. Mire

Tommy Eschete, Council Adm.                     Chad J. Mire, President

            The City Attorney has informed the Council Administrator that a settlement (consent judgment) has been reached in the lawsuit filed against the City concerning ADA compliance relative to sidewalk access.  The proposed judgment calls for the City to pay fees and costs in the amount of $13,650.00, and also lists those sidewalk areas that must be improved and the amount of time in which those improvements must be made. 

On motion of Councilman Gene Richard, seconded by Councilman Swanner, the Council voted to adopt a motion to recess to executive session to discuss ongoing litigation entitled Ann Howell vs. City of Thibodaux, USDC/EDLA No. 03-0679, Section “J” MAG. DIV 5, concerning ADA Compliant curb ramps and/or accessible pathways on City streets.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

            On motion of Councilman Winston, seconded by Councilman Dee Richard, the Council voted to return to regular session.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

            On motion of Councilman Gene Richard, seconded by Councilman Winston, the Council voted to adopt a resolution authorizing the execution of documents allowing a consent judgment in the lawsuit entitled Ann Howell vs. City of Thibodaux USDC/EDLA.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

RESOLUTION NO. 1003

A RESOLUTION AUTHORIZING THE EXECUTION OF      

DOCUMENTS ALLOWING A CONSENT JUDGMENT IN THE LAWSUIT ENTITLED ANN HOWELL V. CITY OF THIBODAUX, USDC/EDLA NO. 03-0679, SECTION “J” MAG. DIV 5.

 

            BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

            WHEREAS, the City of Thibodaux is a party in the lawsuit entitled Ann Howell v. City of Thibodaux, USDC/EDLA No. 03-0679, Section “J” Mag. Div 5, and

            WHEREAS, the City Council of the City of Thibodaux has found that it is in the best interest of the City of Thibodaux to enter into a consent judgment in this matter, and,

            WHEREAS, the Council also finds that the consent judgment will avoid further litigation cost of this matter and will lead to a resolution of this matter,

             WHEREAS, the consent judgment would require the City of Thibodaux to: fulfill certain obligations to install ADA-compliant curb ramps and/or accessible pathways when it constructs or alters, within the meaning of the ADA, any portion of a city street or sidewalk; properly maintain all existing and future curb ramps and accessible pathways to keep them ADA-compliant; ensure that future contracts and on-going contracts for construction or alteration, within the meaning of the ADA, provide for ADA-compliant curb ramps and/or accessible pathways; provide ADA-complaint ramps and/or accessible pathways at various intersections throughout the City within designated time periods; provide a safe, ADA-compliant means of egress from the street to reach pre-existing or simultaneously constructed pathways when a curb ramp or other accessible pathway is provided and provide for the payment of $13,500.00 in plaintiff’s attorney fees, $100.00 in filing fees and waive the $100.00 cost of document discovery,

            NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Thibodaux does hereby authorize the law firm of Phelps Dunbar, LLP to take the appropriate steps in finalizing a consent judgment in the matter of Ann Howell v. City of Thibodaux, USDC/EDLA No. 03-0679, Section “J” Mag. Div 5.  

            BE IT FURTHER RESOLVED that a final signed copy of the consent judgment shall be attached hereto as “Exhibit A” and thereby made a part hereof.

            The above resolution having been submitted to a vote, the vote thereon was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSTAIN: None

            ABSENT: None

            And the above resolution was declared adopted this 20th day of January 2004.

/s/Tommy Eschete                                                      /s/Chad J. Mire

Tommy Eschete, Council Adm.                                 Chad J. Mire, President

            A public hearing was held on an ordinance to re-zone property located on the south side of Acadia Road near Ledet Street from an M-2 to an R-3.  The Planning and Zoning Commission approved the request at its December 10, 2003 meeting.

            On motion of Councilman Dee Richard, seconded by Councilman Gene Richard, the Council voted to adopt an ordinance to amend Article I, Section 101 of the official zoning map to change the zoning classification for a tract of property from an M-2 District to an R-3 District.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

ORDINANCE NO.  2179                                 

                AN ORDINANCE TO AMEND ARTICLE I, SECTION

                101 OF THE OFFICIAL ZONING MAP, TO CHANGE

               THE ZONING CLASSIFICATION FOR A TRACT OF 

              PROPERTY FROM AN M-2 DISTRICT TO AN R-3 DISTRICT

 

        BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that:

     WHEREAS, in accordance with the provisions of Article I of the Thibodaux Zoning Ordinance, a tract of property on the south side of South Acadia Road is currently zoned M-2; and

     WHEREAS, in order to accommodate the actual uses of the aforesaid property, it has been requested by the owner of the said tract that the zoning designation be changed to R-3; and

     WHEREAS, a request for the said zoning change of the property was duly referred to the Thibodaux Planning and Zoning Commission, which, after all legal requirements, including public hearings, has recommended favorable consideration of the requests.

     NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Thibodaux that the aforesaid tract of property located south of South Acadia Road is hereby officially changed from the zoning classification of M-2 to that of R-3.

   BE IT FURTHER ORDAINED that the Official Zoning Map of the City of Thibodaux is hereby amended so as to reflect the changes in zoning designations as set forth herein.

     The above ordinance having been submitted to a vote, the vote thereon was as follows:

     YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

     NAYS: None

     ABSENT: None

     ABSTAINED: None

     And the above ordinance was declared adopted this 20th day of January 2004.

/s/Tommy Eschete                                       /s/Chad J. Mire

Tommy Eschete, Council Adm.                   Chad J. Mire, President

            A public hearing was then held on an ordinance accepting the utility servitude dedicated for the La Maison du Bayou student housing development.  The Planning and Zoning Commission approved this ordinance at their December 10, 2003 meeting.

            Councilman Gene Richard asked the Public Works Director if the servitudes have all been inspected.  Mr. Kraemer stated that they were and everything looks good.

            Councilman Mire stated that one of the servitudes has a tree located on it, and asked if we should require it to be removed, and also if the tree falls and causes damage would the City be responsible.  Mr. Kraemer stated that any damage caused by the tree would be the City’s responsibility, but he does not feel that we should ask for it to be removed at this time.

            On motion of Councilman Winston, seconded by Councilman Swanner, the Council voted to adopt an ordinance accepting the utility servitude dedicated for the La Maison du Bayou student housing development.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire
           
NAYS: None
           
ABSENT: None 

ORDINANCE NO. 2180    

 AN ORDINANCE ACCEPTING THE UTILITY SERVITUDE DEDICATEDFOR THE LA MAISON DU BAYOU STUDENT HOUSING DEVELOPMENT 

 

            BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that:

            WHEREAS, Collegiate Development, Inc. has approached the City concerning the dedication of utility servitudes for the La Maison Du Bayou Student Housing Development; and     

                                    WHEREAS, the Planning and Zoning Commission has reviewed the servitudes proposed by the said corporation and does recommend that the City accept the servitudes; and

                                    WHEREAS, it is necessary to accept the dedication of the servitudes by the adoption of an appropriate ordinance.

            NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Thibodaux that the City does hereby accept the utility servitudes conveyed to the City of Thibodaux by Collegiate Development in conjunction with the La Maison Du Bayou Student Housing Development.

            BE IT FURTHER ORDAINED that a copy of a plat illustrating the servitudes is attached hereto as Exhibit "A" and thereby made a part hereof.

            The above ordinance having been submitted to a vote, the vote thereon was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSTAINED: None 

            ABSENT: None

            And the above ordinance was declared adopted this 20th day of January 2004.

/s/Tommy Eschete                                          /s/Chad J. Mire

Tommy Eschete, Council Adm.                     Chad J. Mire, President

            There being no further business the meeting was adjourned.

 

___________________________                  _________________________

Tommy Eschete, Council Adm.                     Chad J. Mire, President
 
   
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