MINUTES OF THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF YOUNGSVILLE, LOUISIANA HELD ON THURSDAY, APRIL 10, 2014 AT 6:00PM AT YOUNGSVILLE CITY HALL
PRESENT: Mayor Wilson B. Viator, Jr., Mayor Pro Tempore Brenda Burley (Div. B), Councilman Ken Ritter (Div. A), Councilman A.J. Bernard (Div. C), Councilwoman Dianne McClelland (Div. E)
ABSENT: Councilman Tim Barbier (Div. D)
STAFF: Rick Garner (CEO), Becky Gondron (City Clerk),Charles Langlinais (City Manager), George Knox (City Attorney), Tim Robichaux (Director of Parks & Recreation)
GUESTS: Dax Douet, Susan Richard, Mark Lalande, Dana Martin, Gary P. Williams, Steven O’Bryan, Paul Mier, Fire Chief Blair Rivette (YFD), Captain Ted Clark (YFD), Donald Simon, Joyce & Gene Hamilton, Rickey Boudreaux, Larry Graffeo, Lynn Bourque, Megan Segura, Jamey Abshire, Teresa Green, Brian West, Linda Meaux, Cyndi Smith, Dale Langlinais, Brenda Langlinais
Mayor Viator called the meeting of April 10, 2014 to orderand called on Councilwoman Dianne McClelland to lead the prayer and pledge.
AGENDA ITEM 1. Ricky Boudreaux – Announce Candidacy for Youngsville Chief of Police. Mr. Boudreaux said that he is officially announcing his candidacy for the Police Chief of Youngsville. He said that he is a resident of Youngsville with 21 years of law enforcement experience having recently served as Patrol Commander of the Iberia Parish Sheriff’s Department as well as Commander of their Swat Team and management of a multi-million dollar budget.
AGENDA ITEM 2. 232-HELP Program Presentation. Chris Roy, thanked Mayor Pro Tem Burley for inviting him to make this presentation. He stated that 232-HELP is a free information referral agency founded in 1965 which connects people to resources in Acadiana. He said they serve a 10 parish area and help people meet there basic needs when they can’t get help from other resources. Mr. Roy stated that they also have adopted the 211 service which helps out with natural disasters and emergency situations providing information such as where to get sand bags or emergency funding. He said that they will be having a clay shoot fund raiser on June 28th and asked for the support of all.
AGENDA ITEM 3. Lynn Bourque – Request 10’ setback variance at 206 Oak Hill Lane. A motion was offered by Mr. Ritter, seconded by Ms. McClelland, to approve a 5’rear setback for property located at 206 Oak Hill Lane for the location of a 12 X 16 shed on piers provided that 8” gutters are installed on the rear of the structure, and the vote was as follows:
YEAS: Ritter, Burley, Bernard, McClelland
NAYS: None
ABSENT: Barbier
Motion was approved.
Mr. Bourque stated that he is requesting a 5’ setback for a storage shed in his back yard. He said that the shed will be on piers and not on a slab so it can be easily moved if needed.
AGENDA ITEM 4. Anthony Rogers – Address the Council pertaining to the sewer line along his property located at 114 Smithville in Wells Landing.Mr. Rogers stated that he has a 20’ foot long hole in his yard due to settlement along the sewer line. He said that he is afraid that the erosion will eventually effect his home. Mr. Rogers asked for any help from the City to remove the fence in the areas where the ground has settled and properly fill in and pack the area so no further erosion will take place.
Upon questioning by Mr. Ritter, Mr. Garner stated that the trench that Mr. Rogers is referring to is just inside the fence line. He said that the sewer line was put in by the developer and there is a five (5) year warranty. He said that Shivers Construction is the developer and builder of the subdivision and Elliot Construction was the primary contractor for the sewer line installation with Guidry Construction as the secondary. Mr. Garner said that Elliot Construction is prepared to dig the ditch out and repack it over the sewer line if the owner will remove the fence.
Mr. Rogers stated that he should not be responsible for the removal of the fence since it is not in the easement.
Dax Douet stated that the sewer line is in the proper place, beyond the right of way and the property owner had every right to have the fence on the right of way line.
Mr. Ritter stated that this development has been in existence for a short amount of time and the City needs to be more aggressive with developers when it comes to compacting lines. He said the developer installed the fencing not the property owner and feels that the City should fix this.
Mayor Viator explained that if a utility fails, the City is responsible to repair it but not to remove any structures if they are in the easement. He said that Shivers Constructionshould bear the full cost of packing the soil, raising it to the proper level and removing and replacing the fence since there is a five (5) year warranty and the City should mandate that this be done. The property owner should not be responsible for any of the cost.
A motion was offered by Mr. Ritter, seconded by Ms. Burley, to send a certified letter to Shivers Construction Company demanding that they fix the problem on the property located at 114 Smithfield and the adjacent lot, including the fencing and any landscaping, and the Council will take no legal action if fixed within 30 days, and the vote was as follows:
YEAS: Ritter, Burley, Bernard, McClelland
NAYS: None
ABSENT: Barbier
Motion was approved.
AGENDA ITEM 5. Chemin Metairie Phase I – Roundabout & Road Emergency Repairs. This item was deleted from the agenda.A motion was offered by Mr. Ritter, seconded by Ms. McClelland to go into executive session due to potential litigation pertaining to the Chemin Metairie Phase I Roundabout and Road Repairs; session to include the Mayor, Council, City CEO, City Clerk, City Attorney and Pam Granger, and the vote was as follows:
YEAS: Ritter, Burley, Bernard, McClelland
NAYS: None
ABSENT: Barbier
Motion was approved.
Ms. Burley left the meetingafter the executive session.
A motion was offered by Ms. McClelland, seconded by Mr. Ritter, to resume regular session, and the vote was as follows:
YEAS: Ritter, Bernard, McClelland
NAYS: None
ABSENT: Burley, Barbier
Motion was approved.
Mayor Viator announced that the Council had declared the road repairs an emergency at a prior meeting and he and the Council feel that additional borings are needed to make sure the roadway is fixed correctly.
PLATS/SUBDIVISIONS
AGENDA ITEM 6. Preliminary Plat approval of Chemet Park Residential Development, 18.1 Acres – 36 Lots; Developer Guidry Land Development, Owner – Britt Paul Melancon (Dax Douet). A motion was offered by Mr. Ritter, seconded by Ms. McClelland, to give preliminary plat approval of Chemet Park Residential Development subject to the following: a) acceptance of City Engineer Dax Douet's recommendations in a letter dated April 3, 2014 with the following changes: 1) add item S -providing for an expiration of preliminary plat approval 2 years from April 10, 2014; 2) add item T – requiring Home Owners Association to be in place with documents filed at the Court House prior to the sale of the first lot; 3) Lafayette Areawide Development Review Committee Comprehensive Report dated March 19, 2014 in No. 8 – change 25 year design storm event to 10 year design storm event, and thevote was as follows:
YEAS: Ritter, Bernard, McClelland
NAYS: None
ABSENT: Burley, Barbier
Motion was approved.
ORDINANCES FOR INTRODUCTION
AGENDA ITEM 7. Ordinance No. 368-2014 – An ordinance to ban the use of all tobacco products within the Youngsville Sports Complex and Parking Areas. A motion was offered by Ms. McClelland, seconded by Mr. Ritter, to introduce Ordinance No. 368-2014, an ordinance to ban the use of all tobacco products within the Youngsville Sports Complex and Parking Areas, and the vote was as follows:
YEAS: Ritter, Bernard, McClelland
NAYS: None
ABSENT: Burley, Barbier
Motion was approved.
ORDINANCES FOR FINAL ADOPTION
AGENDA ITEM 8. Ordinance No. 358.1-2014 – An ordinance amending and re-enacting Ordinance No. 358-2013 establishing quality standards for the design, construction, and warranty of public streets within privately developed subdivisions within the incorporated limits of the City of Youngsville. (Amendment to Section 7). A motion was offered byMr. Ritter, seconded by Ms. McClelland, to adopt Ordinance No. 358.1-2014, an ordinance amending and re-enacting Ordinance No. 358-2013 establishing quality standards for the design, construction, and warranty of public streets within privately developed subdivisions within the incorporated limits of the City of Youngsville, and the vote was as follows:
YEAS: Ritter, Bernard, McClelland
NAYS: None
ABSENT: Burley, Barbier
Motion was approved.
UPDATES
AGENDA ITEM 9.Sewer Project Updates. Susan Richard, Engineer with Domingue, Szabo and Associates reported the following:
- Détente Road Sewer System Project – Contractor: C-D Utilities: The pump station start up and testing were successful. The contractor is installing walks and handrails and dress work. Once complete, a final inspection will be held.
- La Hwy 89/Fortune Road Pump Station and Force Main Project – Contractor: MP Dumesnil Construction Co.: The 45-day lien period expired and a clear lien certificate has been submitted and retainage requested.
- La Hwy 89 South Pump Station and Force Main Project – MP Dumesnil Construction Co.: The pump station and force main are complete with a few remaining items. A problem with the delivery of the control panel occurred but the Contractor is hoping to be able to finish the work and perform start up in mid-May.
- Sewer System Improvements Project – LCDBG FY 2013 (Church Street Pump Station Upgrade and Crepe Myrtle Trailer Park Pump Station) – Contractor: E.B. Feucht & Sons, Inc.: The Notice to Proceed was issued effective February 10, 2014. With 180 calendar days in the contract, the expected completion date is August 9, 2014. Submittals for materials and equipment are being reviewed. The contractor expects to begin installing the force main in the next two weeks.
- Griffin Road Sewer Extension: M.P. Dumesnil Construction Company has begun this work and the project should be completed in approximately three weeks. Mayor Viator approved a change order to add another sewer connect to accommodate another machine shop.
AGENDA ITEM 10. Sports Complex Activities. Tim Robichaux, Director, thanked the Council for introducing the Tobacco ban ordinance and thanked Rick Garner for drafting it. He reported the following:
- Equipment for the complex is being ordered.
- Working on signage for complex and sponsors.
- Website will be live by the end of the month.
- Contracts are being finalized with BYYA and LYSA and SSYS.
- Negotiations are going on with Steve and Pat O’Brien of Bon Temps Grill for the concessions.
AGENDA ITEM 11.Savoy Road Improvements Project. Mayor Viator read an update prepared by Andre Montagnet, Engineer for the Project which stated: Trahan Construction, has completed the curbing and storm drainage work and the soil cement base will be installed over the next 3 weeks.The following item will be the asphalt roadway placement, and this will take approximately 2 weeks. Based on this schedule, the roadway surface should be in place by May 15, 2014 and then the striping, seeding and final dressing will need to be completed after that time.
Mayor Viator stated that Trahan Construction, the contractor, has exceeded the time limits on the contract. He said that he met with the Contractor and they said they were delayed by SLEMCO, the Charter School, Al Lanie harvesting cane and change orders but guaranteed that the road would be complete by April 24, 2014. Mayor Viator recommended that liquidated damages not be charged until April 25, 2014 for Savoy Road and the Sports Complex.
A motion was offered by Mr. Bernard, seconded by Ms. McClelland, to extend the time for substantial completion for the Savoy Road Improvements Project and the Sports Complex to April 24, 2014, and the vote was as follows:
YEAS: Ritter, Bernard, McClelland
NAYS: None
ABSENT: Burley, Barbier
Motion was approved
AGENDA ITEM 12. Youngsville Recreation Center – Bid Award. A motion was offered by Ms. McClelland, seconded by Mr. Bernard, to award the bid for the Youngsville Recreation Center to the apparent low bidder, Ratcliff Construction Company in the amount of $3,449,000.00 which includes the Base Bid and Alternates No. 1 & 2, all to be funded with $3,165,000 from Louisiana State Facility Planning and bond funds, and the vote was as follows:
YEAS: Ritter, Bernard, McClelland
NAYS: None
ABSENT: Burley, Barbier
Motion was approved.
Prior to the motion, Mark Lalande reported that five (5) bids were received and Ratcliff Construction Company out of Alexandria, LA was the apparent low bidder with a bid price of $3,449,000.00 which includes the Base Bid, Alternate No. 1 and Alternate No. 2. He said that the Opinion of Probable Cost for construction was $4,167,000.00 so the bids came in under budget. He said that the Architectural Fees through construction, which are not included in that cost, are $356,629.00 and $172,400.00 for testing, inspection and construction contingencies. He said that if additional funding becomes available to do the parking lot or other upgrades this can be done with a changeorder. Mr. Lalande also stated that he would like to upgrade the ceiling but any extras would have to be approved by Facility Planning.
Upon questioning by Mr. Bernard, Mayor Viator stated that the City is required to budget a 25% match to the funding coming from the State. He said that the engineering fees are not being reimbursed by Facility Planning so that will be part of the 25% and this will come out of the current bond funds.Mayor Viator stated that everything has to be approved by Mr. Bill Eskew with the Office of Facility Planning before anything can be started.
Before the motion was made, Mayor Viator said that he wanted to make the Council aware that there was one sub-contractor that is threatening to file legal action if the bid is awarded because he was upset when his flooring did not meet the bid specs and he requested an addendum to delay the bids.
Mayor Viator concluded by stating that an application was made for an additional $1,525,000 from the State for the project and we should know by June, 2014 after the legislative session.
ENGINEERING UPDATES – C. H. FENSTERMAKER – DAX DOUET
AGENDA ITEM 13.Chemin Metairie Parkway Phase II. 100% complete. Contractor has now fixed all concrete panels at US 90 that needed repair.
AGENDA ITEM 14.Chemin Metairie Parkway, Phase II Waterline. Bihm Construction is the contractor. All borings are complete on project.
AGENDA ITEM 15.Reconstruction of Bonin Road and Chemin Metairie – 2011 Road Improvements(Project No. 2043981.4CC). The project is complete and Mr. Douet requested that the Council approve the Act of Acceptance for recordation to begin the 45 day lien period.
A motion was offered by Ms. McClelland, seconded by Mr. Ritter, to adopt Resolution No. 2014-07 authorizing and directing the Mayor to execute for and on behalf of the City of Youngsville of the Parish of Lafayette, Louisiana, an act of acceptance from Cecil Perry Construction, LLCContractor, pertaining to the completion of a contract for 2011 Road and Intersection Improvement Program, Phase II, Chemin Metairie Road and Bonin Road, and the vote was as follows:
YEAS: Ritter, Bernard, McClelland
NAYS: None
ABSENT: Barbier, Burley
Motion was approved
AGENDA ITEM 16.Sports Complex Construction Project (Project No. 2043981.3YC) (estimated 85% complete) – Contractor has completed laying asphalt on all parking lots and is working on finishing the asphalt jogging trail. All project trees have been planted with final dirt work grading being performed to spray grass hydro-seeding throughout the entire site. Contractor has completed construction of the fishing pier with all bridge wood work. All plumbing work in both soccer and tennis buildings are complete and flooring is being installed. All structural steel finishing is complete and the perimeter fencing around the project is being installed.
a) Sports Complex Changeorder No. 7. Mr. Douet presented Change Order No. 7 in the amount of $52,110.00 which includes the installation of the structural supports to mount scoreboards on all playing fields and to add field shade structures over the softball bleachers. A motion was offered by Mr. Ritter, seconded by Mr. Bernard, to approve changeorder No. 7 in the amount of $52,110.00for the Youngsville Sports Complex Project, and the vote was as follows:
YEAS: Ritter, Bernard, McClelland
NAYS: None
ABSENT: Burley, Barbier
Motion was approved.
Mr. Douet concluded by stating that he feels that the entire project will come in very close to the actual budget.
AGENDA ITEM 17.Water Storage Tank (Project No. 2043891.4WC) (CHF). The design is finished for the 300,000 gallon base bid and the 500,000 gallon alternate bid and ready to proceed with advertising for bids.