310 West 2nd Street
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
MAY 18, 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, May 18, 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 May 5, 2004 Council meeting were approved as written.           

            The Council voted by acclamation to adopt a resolution congratulating Michael Labat for being named the Lafourche Parish School’s 5th Grade Student of the Year. 

RESOLUTION NO. 1035 

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

            WHEREAS, every year the Lafourche Parish School Board presents a student in each grade with a designation of “Student of the Year”; and  

            WHEREAS, it has taken a tremendous amount of diligent work and dedication by a student to earn such a prestigious award; and 

            WHEREAS, a resident of the City of Thibodaux has been designated Student of the Year for the 5th Grade. 

            NOW, THEREFORE BE IT RESOLVED that the City Council and Mayor of the City of Thibodaux do hereby commend and congratulate Michael Labat for being designated “Student of the Year” in Lafourche Parish for the entire 5th Grade. 

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 18th day of May 2004.

 

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

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

            Mr. Ed Bouterie of Bourgeois Bennett presented to the City Council the 2003 Audit Report relative to the City’s financial status for the period ending December 31, 2003.  The auditors expressed that the audit was a clean audit with no incident of any irregularities. 

            On motion of Councilman Gene Richard, seconded by Councilman Dee Richard, the Council voted to adopt a motion accepting the 2003 Audit Report as presented.  Upon roll call the vote was as follows: 

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

            NAYS: None

            ABSENT: None 

The City has taken the steps necessary to replace the gas distribution system on the campus of Nicholls State University.  Once the project is complete, the City will own, operate and maintain the system.  In exchange for the replacement of the system, Nicholls State has agreed to purchase natural gas from the City for a period of ten (10) years. 

            In order for the City to acquire the said system, it is necessary for the City to enter into a cooperative endeavor agreement with Nicholls State University so as to define the conditions under which the gas system will be replaced and maintained. 

            Councilman Gene Richard introduced an ordinance authorizing the Mayor to execute a cooperative endeavor agreement with Nicholls State University for the replacement of the natural gas distribution system.  The public hearing on this ordinance will be held at the June 1, 2004 City Council meeting. 

            The Zoning Administrator has informed the Council Administrator that the Planning & Zoning Commission has recommended that the City Council consider amending the Thibodaux Subdivision Regulations (City Code Chapter 18) sp as to eliminate a conflict with the provisions of the Thibodaux Zoning Ordinance relative to minimum lot sizes.       

            Councilman Dee Richard introduced an ordinance to amend and re-enact Section 18-82(c)(1) of the Thibodaux City Code of Ordinances (Subdivision Regulations).  The public hearing on this ordinance will be held at the June 1, 2004 City Council meeting. 

            The public works director has informed the Council Administrator that the Mayor has requested that T. Baker Smith & Son prepare an engineering contract that would authorize the study of drainage in the areas of Palm Place and Belle Meade Subdivision.  This study would define the improvements that can be made to the drainage in these areas. 

            On motion of Councilman Gene Richard, seconded by Councilman Dee Richard, the Council voted to adopt a resolution authorizing the Mayor to execute an engineering contract with T. Baker Smith for drainage studies in the Belle Meade Area and the Menard Street and Palm Place Area.   Upon roll call the vote was as follows: 

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

            NAYS: None

            ABSENT: None 

RESOLUTION NO.  1036 

 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN ENGINEERING CONTRACT WITH T. BAKER SMITH & SON TO CONDUCT A DRAINAGE STUDY FOR THE AREAS OF BELLE MEADE, MENARD PLACE AND PALM PLACE 

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

     WHEREAS, the City is planning to determine what drainage improvements are needed in the areas of Belle Meade Subdivision, Menard Place and Palm Place; and 

     WHEREAS, the Mayor has selected T. Baker Smith & Son to perform the a drainage study of the areas in question; and 

    WHEREAS, it is necessary to execute a contract with the said engineering firm for the services to be rendered in conjunction with this project. 

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute an engineering contract with T. Baker Smith & Son for the study of drainage in the areas of Belle Meade Subdivision, Menard Place & Palm Place. 

     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 18th day of May 2004. 

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

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

            The Parks Director has informed the Council Administrator that it is necessary for the City Council to consider the approval of Change Order no. 1 for the Municipal Pool Filter Replacement Project.  The change order is being proposed in order to adjust the contract price as a result of the City requesting that the old filters be removed, which was not required under the provisions of the original contract.  The proposed change order will increase the contract price by $3500.00 thereby making the final contract price $36,197.00.    

            On motion of Councilman Dee Richard, seconded by Councilman Winston, the Council voted to adopt a resolution authorizing the mayor to execute Change Order No. 1 with Water Control Systems for the pool Filtration Replacement 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.  1037 

 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER #1 WITH WATER CONTROL SYSTEMS FOR THE POOL FILTER REPLACEMENT 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 Water Control Systems for the replacement of the filter system at the municipal swimming pool; and 

     WHEREAS, due to the fact that the City was unable to secure the services of a firm to remove the old filters, the said contractor will include removal of the old filters within the scope of the work to be performed under their contract thereby necessitating the execution of a change order; and 

     WHEREAS, the proposed change order increases the contract price in the amount of  $3,500.00 over the original contract bid for an amended contract price of $36,197.00.           

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute Change Order No. 1 with Water Control Systems 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 18th day of May 2004. 

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

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

            The Municipal Government Employee’s Civil Service Board voted on May 11, 2004 to approve the creation of the position of Assistant Director of Public Works in Grade 62 of System B of the salary structure.  In accordance with the Civil Service Rules and regulations, the creation of this new position must be approved by the City Council prior to implementation. 

            Councilman Dee Richard stated that he would not support this because he feels that the creation of the Parks Department took away some of the duties of the Public Works Department, and he does not feel that this position is needed. 

            Councilman Swanner stated that he has dealt with the public Works Director in the last six months, and he feels that with all of the responsibilities in that department he needs an assistant. 

            The Mayor stated that the Civil Service Board has approved this with a 4-0 vote.  It was presented to the Civil Service Board for approval prior to being submitted to the City Council, and that is why the Council had not heard about this position before now. 

            On motion of Councilman Gene Richard, seconded by Councilman Swanner the Council voted on a resolution to approve the creation of the Assistant Director of Public Works.  Upon roll call the vote was as follows: 

            YEAS: Councilmen Swanner and G. Richard

            NAYS:  Councilmen Winston, D. Richard and Mire

            ABSENT: None 

            The proposed resolution to create the position of Assistant Public Works Director failed. 

            The Zoning Administrator has informed the Council Administrator that the Planning and Zoning Commission has recommended that the City Council consider the approval of the final plat of Tract 3 of the J.B. Levert Commercial Park Subdivision located on North Canal Boulevard. 

            On motion of Councilman Dee Richard, seconded by Councilman Winston, the Council voted to adopt an ordinance approving the final plat for the re-subdivision of property located in the J.B. Levert Commercial Park Subdivision.  Upon roll call the vote was as follows: 

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

            NAYS: None

            ABSENT: None 

ORDINANCE NO.  2197 

                        AN ORDINANCE APPROVING THE FINAL PLAT FOR THE

                        RE-SUBDIVISION OF PROPERTY LOCATED IN THE J.B.

                        LEVERT COMMERCIAL PARK SUBDIVISION (TRACT 3) 

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

            WHEREAS, the Planning and Zoning Commission of the City of Thibodaux has reviewed a request concerning the approval of the final plat for the re-subdivision of property located on North Canal Boulevard in the J.B. Levert Commercial Park Subdivision; and 

            WHEREAS, the proposed request involves a 1.331 acre parcel of property (Tract 3); and  

            WHEREAS, the said commission has approved the aforesaid request and is recommending that the City Council concur with their recommendation; and 

            WHEREAS, in accordance with the provisions of Chapter 1 of the Thibodaux Subdivision Regulations, the final plat of this re-subdivision should be accepted by the adoption of an appropriate ordinance. 

            NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that the final plat for the re-subdivision of property located in the J.B. Levert Commercial Park Subdivision located on North Canal Boulevard as recommended by the Planning and Zoning Commission is hereby accepted and approved as requested. 

            BE IT FURTHER ORDAINED that a copy of the final plat illustrating the said re-subdivision is attached hereto 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 18th day of May 2004.

 

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

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

            The Zoning Administrator has informed the Council Administrator that the Planning and Zoning Commission has recommended that the City Council consider the acceptance of utility extensions from J.B. Levert Land Company that are located on North Canal Boulevard and Glenwild Drive. 

            On motion of Councilman Dee Richard, seconded by Councilman Swanner, the Council voted to adopt an ordinance accepting the utility extensions constructed along North Canal Boulevard and Glenwild Drive from J.B. Levert Land Company.  Upon roll call the vote was as follows:   

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

            NAYS: None

            ABSENT: None 

  ORDINANCE NO.  2198    

 

 AN ORDINANCE ACCEPTING THE UTILITY EXTENSIONS

CONSTRUCTED ALONG NORTH CANAL BOULEVARD AND GLENWILD DRIVE FROM J.B. LEVERT LAND COMPANY   

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

            WHEREAS, utility extensions were constructed by the J.B. Levert Land Company to service re-subdivided parcels on North Canal Boulevard and Glenwild Drive: and    

                                    WHEREAS, J.B. Levert Land Company is petitioning the City to accept the new utility extensions into the City systems; and 

                                    WHEREAS, in accordance with Article V, Section 2 of the Thibodaux City Charter it is necessary to accept the dedication of utilities 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 extensions conveyed to the City of Thibodaux by the J.B. Levert Land Company in conjunction with the development of property on North Canal Boulevard and Glenwild Drive. 

            BE IT FURTHER ORDAINED that a copy of a plat illustrating the location of the new utilities 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 18th day of May 2004. 

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

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

            The Zoning Administrator has informed the Council Administrator that the Planning and Zoning Commission has recommended that the City Council consider an ordinance to amend the Thibodaux Subdivision Regulations (City Code Chapter 18) so as to better define design criteria for the construction of sewer lines in the City. 

            The proposed amendment deals with the design slopes for sewer lines based on size of the sewer line.  The current zoning ordinance does not specifically address all sizes of sewer lines. 

            On motion of Councilman Winston, seconded by Councilman Swanner, the Council voted to adopt an ordinance to amend and re-enact Section 18-83, Sub-section (2)(a)(3) of the Thibodaux City Code of Ordinances.  Upon roll call the vote was as follows: 

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

            NAYS: None

            ABSENT: None 

            ORDINANCE NO.  2199 

                        AN ORDINANCE TO AMEND AND RE-ENACT

SECTION 18-83, SUB-SECTION (2)(b)(3) OF THE                                                                

THIBODAUX CITY CODE OF ORDINANCES

 (SUBDIVISION REGULATIONS)                                     

 

            BE IT ORDAINED that Section 18-83, Sub Section (2)(a)(3) of the Thibodaux City Code of Ordinances Regulations is hereby amended and re-enacted so as to read as follows: 

    Sec. 18-83. Design standards.

(2) Sewerage systems.

         a.  Design Criteria 

                     3. Sewer Collection lines shall be designed when flowing full of not less than two (2) feet per second velocity but must also meet the minimum slopes as follows: 

Sewer line Size                    Minimum Slope in feet per 100 ft. (m/100m)

 

8 inch (20cm)                                                          0.40

9 inch (23 cm)                                                         0.33

10 inch (25 cm)                                                         0.28

12 inch (30 cm)                                                         0.22

14 inch (36 cm)                                                         0.17

16 inch (41 cm)                                                         0.15

18 inch (46 cm)                                                         0.14

21 inch (53 cm)                                                         0.12

24 inch (61 cm)                                                         0.10

27 inch (69 cm)                                                         0.08

30 inch (76 cm)                                                         0.067

36 inch (91 cm)                                                         0.046 

  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 18th day of May 2004. 

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

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

            The Council Administrator has discussed the provisions of the City’s Code relative to solid waste collection with the Administration concerning certain sections of the code whose provisions were in conflict with each other.  These sections specifically dealt with the volume of bulky waste or trash placed out for collection on the second collection day. 

            On motion of Councilman Swanner, seconded by Councilman Gene Richard, the Council voted to adopt an ordinance to amend and re-enact Section 10-14 of the Thibodaux City Code of Ordinances (Solid Waste Collection).  Upon roll call the vote was as follow: 

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

            NAYS: None

            ABSENT: None 

ORDINANCE NO.  2200 

AN ORDINANCE TO AMEND AND RE-ENACT SECTION 10-14

OF THE THIBODAUX CITY CODE OF ORDINANCES

(SOLID WASTE COLLECTION)  

 

     BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that Section 10-14 of the Thibodaux City Code of Ordinances is hereby amended and re-enacted so as to read as follows: 

 

     Sec. 10-14.  Solid Waste Collection 

(a)        City responsibility. The city, through the use of municipal forces or by employment of a
fully qualified, experienced and responsible contractor or contractors, is responsible for
the collection of all residential, commercial, institutional, industrial and governmental facility garbage, trash and light tree debris. This may include any recyclable products as per any contract entered into between the city and said contractor or contractors and shall provide for exclusive collection by each contractor of those classes covered by the respective contract or contracts within the city limits. Funds for financing this mandatory service will be derived from a service fee and/or ad valorem millage tax. 

(1)        Volume of material Each residential and non-inventory commercial type unit authorized collection shall be limited to a maximum of sixty (60) gallons of combined garbage, trash and light tree debris on the first collection day of any week. On the second collection day such units shall be limited to a maximum of two (2) cubic yards as to the amount of trash, bulky waste and light tree debris collected.  

(2)        Standards for collection. Garbage and other putrescible and non-putrescible material shall only be collected from containers as delineated in section 10-13(b) and (d) above.  

            (3)        Point of collection. Containers and other material authorized for collection from
residential and non-inventory commercial type units shall be placed at curbside on an accessible public road, readily accessible to the collectors. 

Underground containers must be removed from their wells and placed above ground at
curbside by the owners or occupants of premises.  

Inventory type commercial
units, institutions, industrial facilities and governmental facilities shall have their
solid waste collected from locations established and approved by the contractor.
 

            (4)        Frequency of collection. The city shall provide a minimum of two (2) collections per week on a schedule to be determined by the city for all elements of authorized collection.

            (5)        Hours of collection. Collection shall not commence before 5:00 a.m. and shall be
completed by 8:00 p.m. of any single collection day. Material authorized to be
collected shall not normally be set out at curbside prior to 4:00 p.m. of the day
preceding the regular collection day. Emptied containers and uncollected material exceeding collection standards shall be removed from the curbside
promptly after the collection vehicle has completed collections in the particular geographical area. No collections shall be made on Sunday without the
expressed approval of the city.

(6)                    Service charges. The monthly service charges to be imposed on all residential/domestic and residential/non-domestic customers in the city shall be
that monthly service charge assessed to the city by its solid waste contractor plus four (4) percent.
 

In addition a program to assist low-income households in the payment of their monthly garbage service charge is hereby established. Eligibility for this assistance program shall be in accordance with poverty guidelines established by the federal government and the state. In no instance shall the reduction granted under this program be more than three dollars ($3.00) per month per household. 

(b)        Person's responsibility. 

            (1)        Private household occupants, business establishments, institutions, industrial facilities and governmental facilities originating solid wastes in quantities greater than or types other than those specified above as being the city's responsibility shall dispose of such at their own expense. 

            (2)        Persons originating all other solid waste shall dispose of such at their own expense. 

(3)        All containers will be provided as applicable by the owner, occupant or agent of the premises. 

            (4)        The person or contractor responsible for any construction, remodeling, demolition work, and tree and brush removal from sites within the city shall be required to obtain a permit to perform the work should the volume of debris generated exceed two (2) cubic yards per week. 

The person or contractor shall submit an application for a permit to perform said work with said application stating the method of disposal for the debris generated. Should the volume of debris generated be less than two (2) cubic yards per week, no permit shall be required.

 

     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 18th day of May 2004.

 

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

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

 

            The Zoning Administrator has informed the Council Administrator that the Planning and Zoning Commission has recommended that the City Council consider amending the Thibodaux Zoning Ordinance so as to provide required off-street parking for certain retail establishments. 

            The proposed amendment deals with businesses such as beauty shops, barber shops and other types of salons.  The current zoning ordinance does not specifically address off-street parking requirements for these types of businesses. 

            Malcolm Hodnett, Chairman of the Board of Adjustments asked for the Council’s approval on this ordinance because of the growing problems with this situation in the City of Thibodaux. 

            Councilman Swanner stated that he would not want to see any existing businesses hurt by approving this, and would not like to stop any future businesses from opening.   The Council Administrator stated that the Board of Adjustments would always have the option to grant a variance on this requirement if it does create any problems. 

            On motion of Councilman Dee Richard, seconded by Councilman Winston, the Council voted to adopt an ordinance to amend and re-enact Section 702 of the Thibodaux Zoning Ordinance (Required Off-Street Parking).  Upon roll call the vote was as follows: 

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

            NAYS: None

            ABSNET: None

 

ORDINANCE NO. 2201 

                                    AN ORDINANCE TO AMEND AND RE-ENACT

                                    SECTION 702 OF THE THIBODAUX ZONING

                                    ORDINANCE (REQUIRED OFF-STREET PARKING)   

 

     BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that Section 702 of the Thibodaux Zoning Ordinance is hereby amended and re-enacted so as to include the following:

 

     Sec. 702   Required Parking Spaces

 

            USE                                                                PARKING SPACE(S) REQUIRED

 

            Beauty Salons                                                            Three (3) spaces per each operator

            Hair Dressers                                                 chair.

            Barber Shops

            Nail Salons

            Tanning Salons           

     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 18th day of May 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
MAY 18, 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, May 18, 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 May 5, 2004 Council meeting were approved as written.           

            The Council voted by acclamation to adopt a resolution congratulating Michael Labat for being named the Lafourche Parish School’s 5th Grade Student of the Year. 

RESOLUTION NO. 1035 

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

            WHEREAS, every year the Lafourche Parish School Board presents a student in each grade with a designation of “Student of the Year”; and  

            WHEREAS, it has taken a tremendous amount of diligent work and dedication by a student to earn such a prestigious award; and 

            WHEREAS, a resident of the City of Thibodaux has been designated Student of the Year for the 5th Grade. 

            NOW, THEREFORE BE IT RESOLVED that the City Council and Mayor of the City of Thibodaux do hereby commend and congratulate Michael Labat for being designated “Student of the Year” in Lafourche Parish for the entire 5th Grade. 

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 18th day of May 2004.

 

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

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

            Mr. Ed Bouterie of Bourgeois Bennett presented to the City Council the 2003 Audit Report relative to the City’s financial status for the period ending December 31, 2003.  The auditors expressed that the audit was a clean audit with no incident of any irregularities. 

            On motion of Councilman Gene Richard, seconded by Councilman Dee Richard, the Council voted to adopt a motion accepting the 2003 Audit Report as presented.  Upon roll call the vote was as follows: 

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

            NAYS: None

            ABSENT: None 

The City has taken the steps necessary to replace the gas distribution system on the campus of Nicholls State University.  Once the project is complete, the City will own, operate and maintain the system.  In exchange for the replacement of the system, Nicholls State has agreed to purchase natural gas from the City for a period of ten (10) years. 

            In order for the City to acquire the said system, it is necessary for the City to enter into a cooperative endeavor agreement with Nicholls State University so as to define the conditions under which the gas system will be replaced and maintained. 

            Councilman Gene Richard introduced an ordinance authorizing the Mayor to execute a cooperative endeavor agreement with Nicholls State University for the replacement of the natural gas distribution system.  The public hearing on this ordinance will be held at the June 1, 2004 City Council meeting. 

            The Zoning Administrator has informed the Council Administrator that the Planning & Zoning Commission has recommended that the City Council consider amending the Thibodaux Subdivision Regulations (City Code Chapter 18) sp as to eliminate a conflict with the provisions of the Thibodaux Zoning Ordinance relative to minimum lot sizes.       

            Councilman Dee Richard introduced an ordinance to amend and re-enact Section 18-82(c)(1) of the Thibodaux City Code of Ordinances (Subdivision Regulations).  The public hearing on this ordinance will be held at the June 1, 2004 City Council meeting. 

            The public works director has informed the Council Administrator that the Mayor has requested that T. Baker Smith & Son prepare an engineering contract that would authorize the study of drainage in the areas of Palm Place and Belle Meade Subdivision.  This study would define the improvements that can be made to the drainage in these areas. 

            On motion of Councilman Gene Richard, seconded by Councilman Dee Richard, the Council voted to adopt a resolution authorizing the Mayor to execute an engineering contract with T. Baker Smith for drainage studies in the Belle Meade Area and the Menard Street and Palm Place Area.   Upon roll call the vote was as follows: 

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

            NAYS: None

            ABSENT: None 

RESOLUTION NO.  1036 

 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN ENGINEERING CONTRACT WITH T. BAKER SMITH & SON TO CONDUCT A DRAINAGE STUDY FOR THE AREAS OF BELLE MEADE, MENARD PLACE AND PALM PLACE 

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

     WHEREAS, the City is planning to determine what drainage improvements are needed in the areas of Belle Meade Subdivision, Menard Place and Palm Place; and 

     WHEREAS, the Mayor has selected T. Baker Smith & Son to perform the a drainage study of the areas in question; and 

    WHEREAS, it is necessary to execute a contract with the said engineering firm for the services to be rendered in conjunction with this project. 

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute an engineering contract with T. Baker Smith & Son for the study of drainage in the areas of Belle Meade Subdivision, Menard Place & Palm Place. 

     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 18th day of May 2004. 

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

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

            The Parks Director has informed the Council Administrator that it is necessary for the City Council to consider the approval of Change Order no. 1 for the Municipal Pool Filter Replacement Project.  The change order is being proposed in order to adjust the contract price as a result of the City requesting that the old filters be removed, which was not required under the provisions of the original contract.  The proposed change order will increase the contract price by $3500.00 thereby making the final contract price $36,197.00.    

            On motion of Councilman Dee Richard, seconded by Councilman Winston, the Council voted to adopt a resolution authorizing the mayor to execute Change Order No. 1 with Water Control Systems for the pool Filtration Replacement 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.  1037 

 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER #1 WITH WATER CONTROL SYSTEMS FOR THE POOL FILTER REPLACEMENT 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 Water Control Systems for the replacement of the filter system at the municipal swimming pool; and 

     WHEREAS, due to the fact that the City was unable to secure the services of a firm to remove the old filters, the said contractor will include removal of the old filters within the scope of the work to be performed under their contract thereby necessitating the execution of a change order; and 

     WHEREAS, the proposed change order increases the contract price in the amount of  $3,500.00 over the original contract bid for an amended contract price of $36,197.00.           

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute Change Order No. 1 with Water Control Systems 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 18th day of May 2004. 

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

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

            The Municipal Government Employee’s Civil Service Board voted on May 11, 2004 to approve the creation of the position of Assistant Director of Public Works in Grade 62 of System B of the salary structure.  In accordance with the Civil Service Rules and regulations, the creation of this new position must be approved by the City Council prior to implementation. 

            Councilman Dee Richard stated that he would not support this because he feels that the creation of the Parks Department took away some of the duties of the Public Works Department, and he does not feel that this position is needed. 

            Councilman Swanner stated that he has dealt with the public Works Director in the last six months, and he feels that with all of the responsibilities in that department he needs an assistant. 

            The Mayor stated that the Civil Service Board has approved this with a 4-0 vote.  It was presented to the Civil Service Board for approval prior to being submitted to the City Council, and that is why the Council had not heard about this position before now. 

            On motion of Councilman Gene Richard, seconded by Councilman Swanner the Council voted on a resolution to approve the creation of the Assistant Director of Public Works.  Upon roll call the vote was as follows: 

            YEAS: Councilmen Swanner and G. Richard

            NAYS:  Councilmen Winston, D. Richard and Mire

            ABSENT: None 

            The proposed resolution to create the position of Assistant Public Works Director failed. 

            The Zoning Administrator has informed the Council Administrator that the Planning and Zoning Commission has recommended that the City Council consider the approval of the final plat of Tract 3 of the J.B. Levert Commercial Park Subdivision located on North Canal Boulevard. 

            On motion of Councilman Dee Richard, seconded by Councilman Winston, the Council voted to adopt an ordinance approving the final plat for the re-subdivision of property located in the J.B. Levert Commercial Park Subdivision.  Upon roll call the vote was as follows: 

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

            NAYS: None

            ABSENT: None 

ORDINANCE NO.  2197 

                        AN ORDINANCE APPROVING THE FINAL PLAT FOR THE

                        RE-SUBDIVISION OF PROPERTY LOCATED IN THE J.B.

                        LEVERT COMMERCIAL PARK SUBDIVISION (TRACT 3) 

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

            WHEREAS, the Planning and Zoning Commission of the City of Thibodaux has reviewed a request concerning the approval of the final plat for the re-subdivision of property located on North Canal Boulevard in the J.B. Levert Commercial Park Subdivision; and 

            WHEREAS, the proposed request involves a 1.331 acre parcel of property (Tract 3); and  

            WHEREAS, the said commission has approved the aforesaid request and is recommending that the City Council concur with their recommendation; and 

            WHEREAS, in accordance with the provisions of Chapter 1 of the Thibodaux Subdivision Regulations, the final plat of this re-subdivision should be accepted by the adoption of an appropriate ordinance. 

            NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that the final plat for the re-subdivision of property located in the J.B. Levert Commercial Park Subdivision located on North Canal Boulevard as recommended by the Planning and Zoning Commission is hereby accepted and approved as requested. 

            BE IT FURTHER ORDAINED that a copy of the final plat illustrating the said re-subdivision is attached hereto 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 18th day of May 2004.

 

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

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

            The Zoning Administrator has informed the Council Administrator that the Planning and Zoning Commission has recommended that the City Council consider the acceptance of utility extensions from J.B. Levert Land Company that are located on North Canal Boulevard and Glenwild Drive. 

            On motion of Councilman Dee Richard, seconded by Councilman Swanner, the Council voted to adopt an ordinance accepting the utility extensions constructed along North Canal Boulevard and Glenwild Drive from J.B. Levert Land Company.  Upon roll call the vote was as follows:   

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

            NAYS: None

            ABSENT: None 

  ORDINANCE NO.  2198    

 

 AN ORDINANCE ACCEPTING THE UTILITY EXTENSIONS

CONSTRUCTED ALONG NORTH CANAL BOULEVARD AND GLENWILD DRIVE FROM J.B. LEVERT LAND COMPANY   

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

            WHEREAS, utility extensions were constructed by the J.B. Levert Land Company to service re-subdivided parcels on North Canal Boulevard and Glenwild Drive: and    

                                    WHEREAS, J.B. Levert Land Company is petitioning the City to accept the new utility extensions into the City systems; and 

                                    WHEREAS, in accordance with Article V, Section 2 of the Thibodaux City Charter it is necessary to accept the dedication of utilities 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 extensions conveyed to the City of Thibodaux by the J.B. Levert Land Company in conjunction with the development of property on North Canal Boulevard and Glenwild Drive. 

            BE IT FURTHER ORDAINED that a copy of a plat illustrating the location of the new utilities 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 18th day of May 2004. 

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

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

            The Zoning Administrator has informed the Council Administrator that the Planning and Zoning Commission has recommended that the City Council consider an ordinance to amend the Thibodaux Subdivision Regulations (City Code Chapter 18) so as to better define design criteria for the construction of sewer lines in the City. 

            The proposed amendment deals with the design slopes for sewer lines based on size of the sewer line.  The current zoning ordinance does not specifically address all sizes of sewer lines. 

            On motion of Councilman Winston, seconded by Councilman Swanner, the Council voted to adopt an ordinance to amend and re-enact Section 18-83, Sub-section (2)(a)(3) of the Thibodaux City Code of Ordinances.  Upon roll call the vote was as follows: 

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

            NAYS: None

            ABSENT: None 

            ORDINANCE NO.  2199 

                        AN ORDINANCE TO AMEND AND RE-ENACT

SECTION 18-83, SUB-SECTION (2)(b)(3) OF THE                                                                

THIBODAUX CITY CODE OF ORDINANCES

 (SUBDIVISION REGULATIONS)                                     

 

            BE IT ORDAINED that Section 18-83, Sub Section (2)(a)(3) of the Thibodaux City Code of Ordinances Regulations is hereby amended and re-enacted so as to read as follows: 

    Sec. 18-83. Design standards.

(2) Sewerage systems.

         a.  Design Criteria 

                     3. Sewer Collection lines shall be designed when flowing full of not less than two (2) feet per second velocity but must also meet the minimum slopes as follows: 

Sewer line Size                    Minimum Slope in feet per 100 ft. (m/100m)

 

8 inch (20cm)                                                          0.40

9 inch (23 cm)                                                         0.33

10 inch (25 cm)                                                         0.28

12 inch (30 cm)                                                         0.22

14 inch (36 cm)                                                         0.17

16 inch (41 cm)                                                         0.15

18 inch (46 cm)                                                         0.14

21 inch (53 cm)                                                         0.12

24 inch (61 cm)                                                         0.10

27 inch (69 cm)                                                         0.08

30 inch (76 cm)                                                         0.067

36 inch (91 cm)                                                         0.046 

  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 18th day of May 2004. 

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

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

            The Council Administrator has discussed the provisions of the City’s Code relative to solid waste collection with the Administration concerning certain sections of the code whose provisions were in conflict with each other.  These sections specifically dealt with the volume of bulky waste or trash placed out for collection on the second collection day. 

            On motion of Councilman Swanner, seconded by Councilman Gene Richard, the Council voted to adopt an ordinance to amend and re-enact Section 10-14 of the Thibodaux City Code of Ordinances (Solid Waste Collection).  Upon roll call the vote was as follow: 

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

            NAYS: None

            ABSENT: None 

ORDINANCE NO.  2200 

AN ORDINANCE TO AMEND AND RE-ENACT SECTION 10-14

OF THE THIBODAUX CITY CODE OF ORDINANCES

(SOLID WASTE COLLECTION)  

 

     BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that Section 10-14 of the Thibodaux City Code of Ordinances is hereby amended and re-enacted so as to read as follows: 

 

     Sec. 10-14.  Solid Waste Collection 

(a)        City responsibility. The city, through the use of municipal forces or by employment of a
fully qualified, experienced and responsible contractor or contractors, is responsible for
the collection of all residential, commercial, institutional, industrial and governmental facility garbage, trash and light tree debris. This may include any recyclable products as per any contract entered into between the city and said contractor or contractors and shall provide for exclusive collection by each contractor of those classes covered by the respective contract or contracts within the city limits. Funds for financing this mandatory service will be derived from a service fee and/or ad valorem millage tax. 

(1)        Volume of material Each residential and non-inventory commercial type unit authorized collection shall be limited to a maximum of sixty (60) gallons of combined garbage, trash and light tree debris on the first collection day of any week. On the second collection day such units shall be limited to a maximum of two (2) cubic yards as to the amount of trash, bulky waste and light tree debris collected.  

(2)        Standards for collection. Garbage and other putrescible and non-putrescible material shall only be collected from containers as delineated in section 10-13(b) and (d) above.  

            (3)        Point of collection. Containers and other material authorized for collection from
residential and non-inventory commercial type units shall be placed at curbside on an accessible public road, readily accessible to the collectors. 

Underground containers must be removed from their wells and placed above ground at
curbside by the owners or occupants of premises.  

Inventory type commercial
units, institutions, industrial facilities and governmental facilities shall have their
solid waste collected from locations established and approved by the contractor.
 

            (4)        Frequency of collection. The city shall provide a minimum of two (2) collections per week on a schedule to be determined by the city for all elements of authorized collection.

            (5)        Hours of collection. Collection shall not commence before 5:00 a.m. and shall be
completed by 8:00 p.m. of any single collection day. Material authorized to be
collected shall not normally be set out at curbside prior to 4:00 p.m. of the day
preceding the regular collection day. Emptied containers and uncollected material exceeding collection standards shall be removed from the curbside
promptly after the collection vehicle has completed collections in the particular geographical area. No collections shall be made on Sunday without the
expressed approval of the city.

(6)                    Service charges. The monthly service charges to be imposed on all residential/domestic and residential/non-domestic customers in the city shall be
that monthly service charge assessed to the city by its solid waste contractor plus four (4) percent.
 

In addition a program to assist low-income households in the payment of their monthly garbage service charge is hereby established. Eligibility for this assistance program shall be in accordance with poverty guidelines established by the federal government and the state. In no instance shall the reduction granted under this program be more than three dollars ($3.00) per month per household. 

(b)        Person's responsibility. 

            (1)        Private household occupants, business establishments, institutions, industrial facilities and governmental facilities originating solid wastes in quantities greater than or types other than those specified above as being the city's responsibility shall dispose of such at their own expense. 

            (2)        Persons originating all other solid waste shall dispose of such at their own expense. 

(3)        All containers will be provided as applicable by the owner, occupant or agent of the premises. 

            (4)        The person or contractor responsible for any construction, remodeling, demolition work, and tree and brush removal from sites within the city shall be required to obtain a permit to perform the work should the volume of debris generated exceed two (2) cubic yards per week. 

The person or contractor shall submit an application for a permit to perform said work with said application stating the method of disposal for the debris generated. Should the volume of debris generated be less than two (2) cubic yards per week, no permit shall be required.

 

     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 18th day of May 2004.

 

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

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

 

            The Zoning Administrator has informed the Council Administrator that the Planning and Zoning Commission has recommended that the City Council consider amending the Thibodaux Zoning Ordinance so as to provide required off-street parking for certain retail establishments. 

            The proposed amendment deals with businesses such as beauty shops, barber shops and other types of salons.  The current zoning ordinance does not specifically address off-street parking requirements for these types of businesses. 

            Malcolm Hodnett, Chairman of the Board of Adjustments asked for the Council’s approval on this ordinance because of the growing problems with this situation in the City of Thibodaux. 

            Councilman Swanner stated that he would not want to see any existing businesses hurt by approving this, and would not like to stop any future businesses from opening.   The Council Administrator stated that the Board of Adjustments would always have the option to grant a variance on this requirement if it does create any problems. 

            On motion of Councilman Dee Richard, seconded by Councilman Winston, the Council voted to adopt an ordinance to amend and re-enact Section 702 of the Thibodaux Zoning Ordinance (Required Off-Street Parking).  Upon roll call the vote was as follows: 

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

            NAYS: None

            ABSNET: None

 

ORDINANCE NO. 2201 

                                    AN ORDINANCE TO AMEND AND RE-ENACT

                                    SECTION 702 OF THE THIBODAUX ZONING

                                    ORDINANCE (REQUIRED OFF-STREET PARKING)   

 

     BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that Section 702 of the Thibodaux Zoning Ordinance is hereby amended and re-enacted so as to include the following:

 

     Sec. 702   Required Parking Spaces

 

            USE                                                                PARKING SPACE(S) REQUIRED

 

            Beauty Salons                                                            Three (3) spaces per each operator

            Hair Dressers                                                 chair.

            Barber Shops

            Nail Salons

            Tanning Salons           

     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 18th day of May 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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