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
June 15, 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, June 15, 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 June 1, 2004 Council meeting were approved as written.

           

            Mrs. Charmaine Caccioppi introduced herself as a candidate for the 3rd congressional district and briefly explained her platform issues.

 

            The Mayor presented Josh McPhail Stroud with a proclamation proclaiming June 24th as Josh McPhail Stroud Day in the City of Thibodaux.

 

            On motion of Councilman Dee Richard, seconded by Councilman Winston, the Council voted to table the agenda item pertaining to an ordinance introduction authorizing the Mayor to sign a Memorandum of Understanding Agreement with Lowe’s Home Centers until the July 6, 2004 meeting.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

The Grants Director has informed the Council Administrator that the City has received approval for an application made to the Governor’s Office of Rural Development for a   $47,000 grant that would assist in the funding of proposed improvements to City park restrooms.

 

            Councilman Winston introduced an ordinance authorizing the Mayor to sign a grant agreement with the State for a Rural Development Grant.  The public hearing on this ordinance will be held at the July 6, 2004 City Council meeting.

 

            The Finance Director has informed the Council Administrator that she is recommending that the City execute an agreement with American Meter Services for the purpose of contracting out our meter reading needs.  The proposed agreement would be for a period of one year with two (2) additional one-year options.  The Mayor concurs with the recommendation made by the Finance Director.

 

            Councilman Swanner introduced an ordinance authorizing the Mayor to execute a contract with American Meter Service for the City’s utility meter reading needs.  The public hearing on this ordinance will be held at the July 6, 2004 City Council meeting.

 

            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 relative to sign regulations.

 

            Councilman Gene Richard introduced an ordinance to amend and re-enact Section 2002.1 of the Thibodaux Zoning Ordinance pertaining to prohibited signs.  The public hearing on this ordinance will be held at the July 6, 2004 City Council meeting.

 

            Councilman Dee Richard introduced an ordinance to amend and re-enact Section 2005.2 of the Thibodaux Zoning Ordinance pertaining to on-site sign standards.  The public hearing on this ordinance will be held at the July 6, 2004 City Council meeting.

 

            Councilman Dee Richard introduced an ordinance to amend and re-enact Article V of the Thibodaux Zoning Ordinance pertaining to district regulations.  The public hearing on this ordinance will be held at the July 6, 2004 City Council meeting.

 

            The City administers the Community Development Block Grant Program that is funded through the U.S. Department of Housing and Urban Development.  The City Council has adopted a Consolidated Plan for the CDBG Program as required by HUD.  This plan provides the guidelines under which our CDBG Program will be administered.  After a review of the plan, it was discovered that the Citizen Participation Plan must be revised so as to meet with the guidelines set forth in Section 508 of the Housing and Community Development Act of 1974. 

 

            On motion of Councilman Dee Richard, seconded by Councilman Winston, the Council voted to adopt a resolution adopting the Citizen Participation Plan for the HUD FY2005-2009 Consolidated Plan.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSNET: None 

                      RESOLUTION NO. 1043  

              A RESOLUTION ADOPTING THE CITY OF THIBODAUX

              CITIZEN PARTICIPATION PLAN FOR IMPLEMENTATION

              IN THE COMPLETION OF THE FY 2005-2009 CONSOLIDATED

              PLAN 

 

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

 

     WHEREAS, the completion of the Consolidated Plan requires the adoption and implementation of a Citizen Participation Plan to comply with Section 508 of the Housing and Community Development Act of 1974, as amended; and

 

     WHEREAS, the purpose of this plan is to provide for and encourage citizen participation, with particular emphasis on participation by persons of low and moderate income that are residents of slum and blighted areas and of areas in which funds are proposed to be used.

 

    WHEREAS, it is necessary for the Council to amend this Plan by means of the adoption of an appropriate resolution.

 

     NOW, THEREFORE BE IT RESOLVED by he City Council of the City of Thibodaux that the City of Thibodaux Participation Plan, attached hereto is officially approved and adopted.

 

     BE IT FURTHER RESOLVED that a copy of the said plan 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

     ABSTAINED: None

     ABSENT: None

 

     And the above resolution was declared adopted this 15th day of June 2004.

 

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

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

            The Public Works Director has informed the Council Administrator that the mayor has requested that Duplantis Design Group prepare an engineering contract that would authorize the preparation of a FEMA Hazard Mitigation Plan for the City of Thibodaux.  The plan is now required for all agencies wishing to apply for funding through the FEMA Flood Hazard Mitigation Grant Program. 

            On motion of Councilman Dee Richard, seconded by Councilman Swanner, the Council voted to adopt a resolution authorizing the Mayor to execute an engineering contract with Duplantis Design Group for the purpose of preparing a FEMA Hazard Mitigation Plan for the City of Thibodaux.  Upon roll call the vote was as follows:

 

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

NAYS: None

            ABSENT: None 

RESOLUTION NO.  1044 

 

                                     A RESOLUTION AUTHORIZING THE MAYOR

                                     TO SIGN AN ENGINEERING CONTRACT WITH

DUPLANTIS DESIGN GROUP FOR THE CREATION

OF A FEMA HAZARD MITIGATION PLAN 

 

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

 

     WHEREAS, the City has received funding in the past to mitigate potential flooding problems in the City through the FEMA Flood Hazard Mitigation; and

 

     WHEREAS, in order for the City to be eligible to participate in the said program in the future, the City must devise a Hazard Mitigation Plan for the City of Thibodaux; and

 

     WHEREAS, the Mayor has selected the firm of Duplantis Design Group to devise the said plan for the City; and

 

    WHEREAS, it is necessary to execute an agreement with the said firm for the services to be rendered in conjunction with the creation of the plan.

 

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute an agreement with Duplantis Design Group for the services outlined hereinabove.

 

     BE IT FURTHER RESOLVED that a copy of the said agreement 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 15th day of June 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 Phase I of the Bayou Lafourche Linear Park (Bike Path and Pedestrian Bridge) is substantially complete in accordance with all contract documents and specifications.

 

            On motion of Councilman Dee Richard, seconded by Councilman Gene Richard, the Council voted to adopt a resolution of substantial completion for the Bayou Lafourche Linear Park Phase I 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. 1045 

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

 

     WHEREAS, the State of Louisiana/City of Thibodaux entered into a contract with Gray Construction Corp. dated October 8, 2004 for the Bayou Lafourche Linear Park - Phase I; and 

   

     WHEREAS, the work under the aforementioned contract was substantially complete in accordance with the plans and specifications by the contractor on May 27, 2004; 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 less and except any items included on a punch list.

 

     NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Thibodaux in regular session on June 1, 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 certified copies of this resolution be forwarded to Gray Construction Corp., 447 Highway 182, Morgan City, LA 70380, and to Badeaux Engineers, 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 15th day of June 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 FEMA Tiger Drive Outfall Project is substantially complete in accordance with all contract documents and specifications.  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 Winston, the Council voted to adopt a resolution of substantial completion for the FEMA Tiger Drive Outfall Drainage Improvement 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. 1046 

     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 Calogne, Inc. dated December 22, 2003 for the FEMA Tiger Drive Outfall Drainage Improvement Project; and   

 

     WHEREAS, the work under the aforementioned contract was substantially complete in accordance with the plans and specifications by the contractor on May 26, 2004; 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 less and except any items included on a punch list.

 

     NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Thibodaux in regular session on June 15, 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 Calogne, Inc., 119 Common Ct., Houma, LA 70360, and to David A. Waitz Engineering, P.O. Box 1203, 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 15th day of June 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 it is necessary for the City Council to consider the adoption of a resolution approving Change Order No. 1 for the FEMA Goode Street Drainage Improvement Project.  This change order is being proposed in order to adjust the contract price as a result of the final reconciliation of contract quantities.  The proposed change order will increase the contract price by $34,304.60 thereby making the final contract price $598,197.76. 

            On motion of Councilman Dee Richard, seconded by Councilman Gene Richard, the Council voted to adopt a resolution approving Change Order No. 1 for the FEMA Goode Street Drainage Improvement 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. 1047 

 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER NO. 1 WITH BYRON E. TALBOT CONTRACTOR, INC.  FOR THE FEMA GOODE STREET DRAINAGE IMPROVEMENT 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 Byron E. Talbot Contractors, Inc. for the FEMA Goode Street Drainage Improvement 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 increases the contract price in the amount of  $34,893.16 under the original contract bid for a final contract price of $598,197.76.

           

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute Change Order No. 1 with Byron E. Talbot Contractor, 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 15th day of June 2004.

 

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

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

 

            The Public Works Director has informed the Council Administrator that the Mayor has requested that Badeaux Engineers prepare a contract that would authorize the study and evaluation of the disinfection process employed at the Thibodaux Water Treatment Plant.   

 

            On motion of Councilman Dee Richard, seconded by Councilman Mire, the Council voted to adopt a resolution authorizing the Mayor to execute an engineering contract with Badeaux Engineers for a study of the disinfection process at the Municipal Water Treatment Plant.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None 

RESOLUTION NO.  1048 

                         AN ORDINANCE AUTHORIZING THE MAYOR

                         TO SIGN AN ENGINEERING CONTRACT WITH

BADEAUX ENGINEERS FOR AN ENGINEERING

STUDY OF THE DISINFECTION PROCESS AT

THE MUNICIPAL WATER TREATMENT PLANT 

 

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

 

     WHEREAS, the City is planning to review the disinfection process being employed at the Thibodaux Municipal Water Treatment Facility; and

 

     WHEREAS, the Mayor has selected Leonard Chauvin, P.E. to perform the review and make recommendations on the improvement of the said process; and

 

    WHEREAS, it is necessary to execute an agreement with the said engineering firm for the services to be rendered in conjunction with this study.

 

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute an agreement with Badeaux Engineers for a study and review as outlined hereinabove.

 

     BE IT FURTHER RESOLVED that a copy of the said agreement 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 15th day of June 2004.

 

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

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

 

            On motion of Councilman Dee Richard, seconded by Councilman Gene Richard, the Council voted to table the agenda item concerning a traffic study in the Acadia Woods Subdivision until the July 6, 2004 Council meeting.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

            A public hearing was then held on an ordinance recommended by the Planning and Zoning Commission approving the final plat for lots 3, 4 & 5 of the J.B. Levert Commercial Park Subdivision located on North Canal Boulevard.  These lots were created so as to accommodate the construction of retail establishments.

 

            On motion of Councilman Dee Richard, seconded by Councilman Swanner, the Council voted to adopt an ordinance approving the re-subdivision of property to be 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.  2204

 

AN ORDINANCE APPROVING THE RESUBDIVISION OF

PROPERTY TO BE LOCATED IN THE LEVERT COMMERCIAL PARK SUBDIVISION

 

            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 re-subdivision of property located on North Canal Boulevard in the J.B. Levert Commercial Park Subdivision; and

 

            WHEREAS, the proposed request involves the subdivision of a 13 acre parcel of property; and

 

            WHEREAS, the said parcel will be subdivided into Lot Numbers 3, 4 and 5 of the J.B. Levert Commercial Park Subdivision

 

            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, 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 re-subdivision of property 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 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 15th day of June 2004.

 

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

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

 

            Mary Ann Lewis of 1203 Arms Street addressed the Council concerning damage made to her driveway and house foundation during the Arms Street Drainage Improvement Project by the City.  She stated that it has been almost one year since the damage occurred and the problem has not been resolved.

 

            The Mayor stated that she should contact his office during the day and he will contact David Waitz’s Office for her to check on the status of this claim with the contractor.

 

            Several residents of Acadia Point Subdivision addressed the Council concerning the construction of billboards on the old railroad corridor along North and South Acadia Road.  Mr. Clarence Savoie, Daryl Bertrand, and Dr. Ohmer all stated that the residents of that subdivision were opposed to the construction of billboards on the railroad right-of-way.  They also questioned the zoning restrictions in that area.

 

            The Mayor stated that the City is aware of the problem in this area, and that there is also a question of ownership of this property that is being handled through the court system.  He advised that the consent judgment issued by District Court established an injunction prohibiting any further construction on the right-of way in the area of Acadia Plantation.  The Mayor also stated that there is a question of whether the permits acquired are valid due to his signature not being on the permit application.

 

            The Mayor stated that the City will look into what can be done to stop this construction in accordance with our zoning ordinance, and we need to look at possibly clarifying some thing pertaining to signs in our zoning ordinance.

 

            Mr. Butch Naquin stated that Mr. Brett Moreaux did have permits in hand signed by a City Official, prior to any construction on the railroad right-of-way.  Whether they are valid or not is another question, but that Mr. Moreaux did not do anything on that property without a permit from the City.

 

            Mr. Ronald Adams, part owner of Acadia Plantation stated that he and his partner have instructed the Mayor that once the question of ownership of the property is settled in court, they are willing to donate their portion of the right-of-way to the City under certain stipulations.

 

            Mr. Norman Steib of Parish Road stated that there have been billboards recently placed on the corner of Tiger Drive and Parish Road.  He feels that this is becoming a problem throughout the City not just by the hospital and Acadia Point.

 

            Dr. Ellis Breaud also asked about the portion of the corridor from Bayou Lane west, if the injunction only covered Acadia Plantation.

 

            Councilman Gene Richard asked the City Attorney what could the Council do to protect the rest of the railroad corridor not covered by the consent judgment.  The City Attorney advised that the Council could vote to add a resolution to the agenda establishing a moratorium on any construction or issuance of permits on the railroad corridor property throughout the City.

 

            On motion of Councilman Gene Richard, seconded by Councilman Winston, the Council voted to add an item to the agenda concerning a moratorium on any construction or issuance of permits on the railroad corridor throughout the City of Thibodaux.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None 

            Councilman Gene Richard then made a motion to consider a resolution establishing a 90-day moratorium on any and all construction and the issuance of any and all permits for construction on the railroad corridor throughout the City of Thibodaux, and also asking for an evaluation by the Planning and Zoning Commission on the effect of this type of construction on the railroad corridor. 

            On motion of Councilman Gene Richard, seconded by Councilman Winston the Council voted to adopt a resolution establishing a temporary moratorium on any construction or issuance of permits on the railroad corridor throughout the City of Thibodaux.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

RESOLUTION NO.  1049 

 

A RESOLUTION ESTABLSIHING A MORATORIUM ON ANY AND ALL TYPES OF CONSTRUCTION OR THE ACCEPTANCE OF APPLICATIONS FOR OR THE ISSUANCE OF ANY AND ALL PERMITS FOR CONSTRUCTION UPON THE PROPERTY KNOWN AS THE OLD SOUTHERN PACIFIC RAILROAD CORRIDOR 

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

 

            WHEREAS, there exists in the City of Thibodaux an abandoned railroad corridor which was once operated by Southern Pacific Railroad and Louisiana and Delta Railroad; and

 

            WHEREAS, in 1997 the corridor was included in a railbanking program which allowed the corridor to remain intact for certain transportation services; and

 

             WHEREAS, in 2003 the corridor was removed from the railbank program which made the property eligible for uses other than transportation or railway service; and

 

            WHEREAS, the corridor exists as an approximately fifty (50’) wide strip of land extending through the center of the City from the eastern City limits to the western City limits; and

 

            WHEREAS, prior to the construction of any type on this property, the Zoning Commission and the Public Works department should study the impact of any and all construction and the effect it may have on the City’s current infrastructure and the properties immediately adjacent to the corridor, such process is expected to take several months to complete.

 

            NOW, THEREFORE BE IT RESOLVED AS FOLLOWS: 

1.      The City Council of the City of Thibodaux does hereby issue a moratorium on any and all types of construction or the acceptance of applications for, or the issuance of any and all types of permits for construction upon the old Southern Pacific Railroad corridor which is located within the corporate limits of the City of Thibodaux until such time as the impact of construction and the effect it may have on the City’s current infrastructure and the properties immediately adjacent to the corridor can be evaluated by the Planning & Zoning Commission and the Public Works Department.

 

2.  If upon the expiration of ninety (90) days from the date of adoption of this moratorium, the study has not been concluded, the moratorium hereby imposed shall be reviewed to determine whether a basis exists to extend the moratorium for a further period of time.

           

            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 15th day of June 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
June 15, 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, June 15, 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 June 1, 2004 Council meeting were approved as written.

           

            Mrs. Charmaine Caccioppi introduced herself as a candidate for the 3rd congressional district and briefly explained her platform issues.

 

            The Mayor presented Josh McPhail Stroud with a proclamation proclaiming June 24th as Josh McPhail Stroud Day in the City of Thibodaux.

 

            On motion of Councilman Dee Richard, seconded by Councilman Winston, the Council voted to table the agenda item pertaining to an ordinance introduction authorizing the Mayor to sign a Memorandum of Understanding Agreement with Lowe’s Home Centers until the July 6, 2004 meeting.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

The Grants Director has informed the Council Administrator that the City has received approval for an application made to the Governor’s Office of Rural Development for a   $47,000 grant that would assist in the funding of proposed improvements to City park restrooms.

 

            Councilman Winston introduced an ordinance authorizing the Mayor to sign a grant agreement with the State for a Rural Development Grant.  The public hearing on this ordinance will be held at the July 6, 2004 City Council meeting.

 

            The Finance Director has informed the Council Administrator that she is recommending that the City execute an agreement with American Meter Services for the purpose of contracting out our meter reading needs.  The proposed agreement would be for a period of one year with two (2) additional one-year options.  The Mayor concurs with the recommendation made by the Finance Director.

 

            Councilman Swanner introduced an ordinance authorizing the Mayor to execute a contract with American Meter Service for the City’s utility meter reading needs.  The public hearing on this ordinance will be held at the July 6, 2004 City Council meeting.

 

            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 relative to sign regulations.

 

            Councilman Gene Richard introduced an ordinance to amend and re-enact Section 2002.1 of the Thibodaux Zoning Ordinance pertaining to prohibited signs.  The public hearing on this ordinance will be held at the July 6, 2004 City Council meeting.

 

            Councilman Dee Richard introduced an ordinance to amend and re-enact Section 2005.2 of the Thibodaux Zoning Ordinance pertaining to on-site sign standards.  The public hearing on this ordinance will be held at the July 6, 2004 City Council meeting.

 

            Councilman Dee Richard introduced an ordinance to amend and re-enact Article V of the Thibodaux Zoning Ordinance pertaining to district regulations.  The public hearing on this ordinance will be held at the July 6, 2004 City Council meeting.

 

            The City administers the Community Development Block Grant Program that is funded through the U.S. Department of Housing and Urban Development.  The City Council has adopted a Consolidated Plan for the CDBG Program as required by HUD.  This plan provides the guidelines under which our CDBG Program will be administered.  After a review of the plan, it was discovered that the Citizen Participation Plan must be revised so as to meet with the guidelines set forth in Section 508 of the Housing and Community Development Act of 1974. 

 

            On motion of Councilman Dee Richard, seconded by Councilman Winston, the Council voted to adopt a resolution adopting the Citizen Participation Plan for the HUD FY2005-2009 Consolidated Plan.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSNET: None 

                      RESOLUTION NO. 1043  

              A RESOLUTION ADOPTING THE CITY OF THIBODAUX

              CITIZEN PARTICIPATION PLAN FOR IMPLEMENTATION

              IN THE COMPLETION OF THE FY 2005-2009 CONSOLIDATED

              PLAN 

 

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

 

     WHEREAS, the completion of the Consolidated Plan requires the adoption and implementation of a Citizen Participation Plan to comply with Section 508 of the Housing and Community Development Act of 1974, as amended; and

 

     WHEREAS, the purpose of this plan is to provide for and encourage citizen participation, with particular emphasis on participation by persons of low and moderate income that are residents of slum and blighted areas and of areas in which funds are proposed to be used.

 

    WHEREAS, it is necessary for the Council to amend this Plan by means of the adoption of an appropriate resolution.

 

     NOW, THEREFORE BE IT RESOLVED by he City Council of the City of Thibodaux that the City of Thibodaux Participation Plan, attached hereto is officially approved and adopted.

 

     BE IT FURTHER RESOLVED that a copy of the said plan 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

     ABSTAINED: None

     ABSENT: None

 

     And the above resolution was declared adopted this 15th day of June 2004.

 

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

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

            The Public Works Director has informed the Council Administrator that the mayor has requested that Duplantis Design Group prepare an engineering contract that would authorize the preparation of a FEMA Hazard Mitigation Plan for the City of Thibodaux.  The plan is now required for all agencies wishing to apply for funding through the FEMA Flood Hazard Mitigation Grant Program. 

            On motion of Councilman Dee Richard, seconded by Councilman Swanner, the Council voted to adopt a resolution authorizing the Mayor to execute an engineering contract with Duplantis Design Group for the purpose of preparing a FEMA Hazard Mitigation Plan for the City of Thibodaux.  Upon roll call the vote was as follows:

 

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

NAYS: None

            ABSENT: None 

RESOLUTION NO.  1044 

 

                                     A RESOLUTION AUTHORIZING THE MAYOR

                                     TO SIGN AN ENGINEERING CONTRACT WITH

DUPLANTIS DESIGN GROUP FOR THE CREATION

OF A FEMA HAZARD MITIGATION PLAN 

 

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

 

     WHEREAS, the City has received funding in the past to mitigate potential flooding problems in the City through the FEMA Flood Hazard Mitigation; and

 

     WHEREAS, in order for the City to be eligible to participate in the said program in the future, the City must devise a Hazard Mitigation Plan for the City of Thibodaux; and

 

     WHEREAS, the Mayor has selected the firm of Duplantis Design Group to devise the said plan for the City; and

 

    WHEREAS, it is necessary to execute an agreement with the said firm for the services to be rendered in conjunction with the creation of the plan.

 

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute an agreement with Duplantis Design Group for the services outlined hereinabove.

 

     BE IT FURTHER RESOLVED that a copy of the said agreement 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 15th day of June 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 Phase I of the Bayou Lafourche Linear Park (Bike Path and Pedestrian Bridge) is substantially complete in accordance with all contract documents and specifications.

 

            On motion of Councilman Dee Richard, seconded by Councilman Gene Richard, the Council voted to adopt a resolution of substantial completion for the Bayou Lafourche Linear Park Phase I 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. 1045 

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

 

     WHEREAS, the State of Louisiana/City of Thibodaux entered into a contract with Gray Construction Corp. dated October 8, 2004 for the Bayou Lafourche Linear Park - Phase I; and 

   

     WHEREAS, the work under the aforementioned contract was substantially complete in accordance with the plans and specifications by the contractor on May 27, 2004; 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 less and except any items included on a punch list.

 

     NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Thibodaux in regular session on June 1, 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 certified copies of this resolution be forwarded to Gray Construction Corp., 447 Highway 182, Morgan City, LA 70380, and to Badeaux Engineers, 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 15th day of June 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 FEMA Tiger Drive Outfall Project is substantially complete in accordance with all contract documents and specifications.  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 Winston, the Council voted to adopt a resolution of substantial completion for the FEMA Tiger Drive Outfall Drainage Improvement 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. 1046 

     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 Calogne, Inc. dated December 22, 2003 for the FEMA Tiger Drive Outfall Drainage Improvement Project; and   

 

     WHEREAS, the work under the aforementioned contract was substantially complete in accordance with the plans and specifications by the contractor on May 26, 2004; 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 less and except any items included on a punch list.

 

     NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Thibodaux in regular session on June 15, 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 Calogne, Inc., 119 Common Ct., Houma, LA 70360, and to David A. Waitz Engineering, P.O. Box 1203, 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 15th day of June 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 it is necessary for the City Council to consider the adoption of a resolution approving Change Order No. 1 for the FEMA Goode Street Drainage Improvement Project.  This change order is being proposed in order to adjust the contract price as a result of the final reconciliation of contract quantities.  The proposed change order will increase the contract price by $34,304.60 thereby making the final contract price $598,197.76. 

            On motion of Councilman Dee Richard, seconded by Councilman Gene Richard, the Council voted to adopt a resolution approving Change Order No. 1 for the FEMA Goode Street Drainage Improvement 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. 1047 

 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER NO. 1 WITH BYRON E. TALBOT CONTRACTOR, INC.  FOR THE FEMA GOODE STREET DRAINAGE IMPROVEMENT 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 Byron E. Talbot Contractors, Inc. for the FEMA Goode Street Drainage Improvement 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 increases the contract price in the amount of  $34,893.16 under the original contract bid for a final contract price of $598,197.76.

           

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute Change Order No. 1 with Byron E. Talbot Contractor, 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 15th day of June 2004.

 

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

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

 

            The Public Works Director has informed the Council Administrator that the Mayor has requested that Badeaux Engineers prepare a contract that would authorize the study and evaluation of the disinfection process employed at the Thibodaux Water Treatment Plant.   

 

            On motion of Councilman Dee Richard, seconded by Councilman Mire, the Council voted to adopt a resolution authorizing the Mayor to execute an engineering contract with Badeaux Engineers for a study of the disinfection process at the Municipal Water Treatment Plant.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None 

RESOLUTION NO.  1048 

                         AN ORDINANCE AUTHORIZING THE MAYOR

                         TO SIGN AN ENGINEERING CONTRACT WITH

BADEAUX ENGINEERS FOR AN ENGINEERING

STUDY OF THE DISINFECTION PROCESS AT

THE MUNICIPAL WATER TREATMENT PLANT 

 

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

 

     WHEREAS, the City is planning to review the disinfection process being employed at the Thibodaux Municipal Water Treatment Facility; and

 

     WHEREAS, the Mayor has selected Leonard Chauvin, P.E. to perform the review and make recommendations on the improvement of the said process; and

 

    WHEREAS, it is necessary to execute an agreement with the said engineering firm for the services to be rendered in conjunction with this study.

 

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute an agreement with Badeaux Engineers for a study and review as outlined hereinabove.

 

     BE IT FURTHER RESOLVED that a copy of the said agreement 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 15th day of June 2004.

 

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

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

 

            On motion of Councilman Dee Richard, seconded by Councilman Gene Richard, the Council voted to table the agenda item concerning a traffic study in the Acadia Woods Subdivision until the July 6, 2004 Council meeting.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

            A public hearing was then held on an ordinance recommended by the Planning and Zoning Commission approving the final plat for lots 3, 4 & 5 of the J.B. Levert Commercial Park Subdivision located on North Canal Boulevard.  These lots were created so as to accommodate the construction of retail establishments.

 

            On motion of Councilman Dee Richard, seconded by Councilman Swanner, the Council voted to adopt an ordinance approving the re-subdivision of property to be 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.  2204

 

AN ORDINANCE APPROVING THE RESUBDIVISION OF

PROPERTY TO BE LOCATED IN THE LEVERT COMMERCIAL PARK SUBDIVISION

 

            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 re-subdivision of property located on North Canal Boulevard in the J.B. Levert Commercial Park Subdivision; and

 

            WHEREAS, the proposed request involves the subdivision of a 13 acre parcel of property; and

 

            WHEREAS, the said parcel will be subdivided into Lot Numbers 3, 4 and 5 of the J.B. Levert Commercial Park Subdivision

 

            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, 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 re-subdivision of property 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 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 15th day of June 2004.

 

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

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

 

            Mary Ann Lewis of 1203 Arms Street addressed the Council concerning damage made to her driveway and house foundation during the Arms Street Drainage Improvement Project by the City.  She stated that it has been almost one year since the damage occurred and the problem has not been resolved.

 

            The Mayor stated that she should contact his office during the day and he will contact David Waitz’s Office for her to check on the status of this claim with the contractor.

 

            Several residents of Acadia Point Subdivision addressed the Council concerning the construction of billboards on the old railroad corridor along North and South Acadia Road.  Mr. Clarence Savoie, Daryl Bertrand, and Dr. Ohmer all stated that the residents of that subdivision were opposed to the construction of billboards on the railroad right-of-way.  They also questioned the zoning restrictions in that area.

 

            The Mayor stated that the City is aware of the problem in this area, and that there is also a question of ownership of this property that is being handled through the court system.  He advised that the consent judgment issued by District Court established an injunction prohibiting any further construction on the right-of way in the area of Acadia Plantation.  The Mayor also stated that there is a question of whether the permits acquired are valid due to his signature not being on the permit application.

 

            The Mayor stated that the City will look into what can be done to stop this construction in accordance with our zoning ordinance, and we need to look at possibly clarifying some thing pertaining to signs in our zoning ordinance.

 

            Mr. Butch Naquin stated that Mr. Brett Moreaux did have permits in hand signed by a City Official, prior to any construction on the railroad right-of-way.  Whether they are valid or not is another question, but that Mr. Moreaux did not do anything on that property without a permit from the City.

 

            Mr. Ronald Adams, part owner of Acadia Plantation stated that he and his partner have instructed the Mayor that once the question of ownership of the property is settled in court, they are willing to donate their portion of the right-of-way to the City under certain stipulations.

 

            Mr. Norman Steib of Parish Road stated that there have been billboards recently placed on the corner of Tiger Drive and Parish Road.  He feels that this is becoming a problem throughout the City not just by the hospital and Acadia Point.

 

            Dr. Ellis Breaud also asked about the portion of the corridor from Bayou Lane west, if the injunction only covered Acadia Plantation.

 

            Councilman Gene Richard asked the City Attorney what could the Council do to protect the rest of the railroad corridor not covered by the consent judgment.  The City Attorney advised that the Council could vote to add a resolution to the agenda establishing a moratorium on any construction or issuance of permits on the railroad corridor property throughout the City.

 

            On motion of Councilman Gene Richard, seconded by Councilman Winston, the Council voted to add an item to the agenda concerning a moratorium on any construction or issuance of permits on the railroad corridor throughout the City of Thibodaux.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None 

            Councilman Gene Richard then made a motion to consider a resolution establishing a 90-day moratorium on any and all construction and the issuance of any and all permits for construction on the railroad corridor throughout the City of Thibodaux, and also asking for an evaluation by the Planning and Zoning Commission on the effect of this type of construction on the railroad corridor. 

            On motion of Councilman Gene Richard, seconded by Councilman Winston the Council voted to adopt a resolution establishing a temporary moratorium on any construction or issuance of permits on the railroad corridor throughout the City of Thibodaux.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

RESOLUTION NO.  1049 

 

A RESOLUTION ESTABLSIHING A MORATORIUM ON ANY AND ALL TYPES OF CONSTRUCTION OR THE ACCEPTANCE OF APPLICATIONS FOR OR THE ISSUANCE OF ANY AND ALL PERMITS FOR CONSTRUCTION UPON THE PROPERTY KNOWN AS THE OLD SOUTHERN PACIFIC RAILROAD CORRIDOR 

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

 

            WHEREAS, there exists in the City of Thibodaux an abandoned railroad corridor which was once operated by Southern Pacific Railroad and Louisiana and Delta Railroad; and

 

            WHEREAS, in 1997 the corridor was included in a railbanking program which allowed the corridor to remain intact for certain transportation services; and

 

             WHEREAS, in 2003 the corridor was removed from the railbank program which made the property eligible for uses other than transportation or railway service; and

 

            WHEREAS, the corridor exists as an approximately fifty (50’) wide strip of land extending through the center of the City from the eastern City limits to the western City limits; and

 

            WHEREAS, prior to the construction of any type on this property, the Zoning Commission and the Public Works department should study the impact of any and all construction and the effect it may have on the City’s current infrastructure and the properties immediately adjacent to the corridor, such process is expected to take several months to complete.

 

            NOW, THEREFORE BE IT RESOLVED AS FOLLOWS: 

1.      The City Council of the City of Thibodaux does hereby issue a moratorium on any and all types of construction or the acceptance of applications for, or the issuance of any and all types of permits for construction upon the old Southern Pacific Railroad corridor which is located within the corporate limits of the City of Thibodaux until such time as the impact of construction and the effect it may have on the City’s current infrastructure and the properties immediately adjacent to the corridor can be evaluated by the Planning & Zoning Commission and the Public Works Department.

 

2.  If upon the expiration of ninety (90) days from the date of adoption of this moratorium, the study has not been concluded, the moratorium hereby imposed shall be reviewed to determine whether a basis exists to extend the moratorium for a further period of time.

           

            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 15th day of June 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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