Sulphur City Council 5/8/23

Documenter name: Natalie McLendon

Agency holding meeting: Sulphur City Council

Date: Monday, May 8, 2023, at 5:30 PM

Summary

Residents opposed a business expansion into residential zoning, and the city set new water, sewer, and trash rates.

The Scene

It was standing room only in the council chambers at Monday night’s city council meeting, and residents occupied the overflow room across the hall. 

The meeting began promptly at 5:30 PM. After the prayer and pledge of allegiance, a roll call indicated that all members were present: Joy Abshire, Dru Ellender, Nicholas Nezat, Mandy Thomas, and Melinda Hardy. In addition, the meeting minutes from last month were approved.

Policies

Resolutions

The council elected Dru Ellender as Chairman and Melinda Hardy as Vice-Chairman for City Council.

Mayor Mike Danahey presented a proclamation to Kai Richardson, Maplewood Middle School, winner of the CBS Lake Charles Regional Spelling Bee and contestant for the upcoming Scripps National Spelling Bee. Richardson is in the French and Gifted program. He will be one of five students from Louisiana. 

The city adopted the millage rates for the tax year 2023. There is no increase.

Condemnations

  1. 427, 427 1⁄2 & 435 North Crocker Street – Dennis Sumter, property owner, says he knows the properties are in bad shape. Sumter has spent $75,000 so far in getting these places fixed up. Every time the houses get repaired, people come in and destroy them. Sumter said he wants to redo the neighborhood because it is in bad shape. He is committed to going in and renovating the houses. Sumter said he had had many medical issues and asked for 45 days to make substantial improvements. The status of these houses was questioned by the council in 2018. Sumter then rehabbed the house at 435. Someone set fire to 427 ½, and it was burned badly. Sumter can repair 427, but it will cost a lot of money. 

Dru Ellender asked if it would be easier to tear them down and start them again. Sumter said he has not been collecting rent from several properties in Sulphur because of hurricane damage. Sumter says the city can demolish the house on 427 ½ North Crocker. Ellender noted that none of the properties appear to be secured. Sumter responded that new doors had been installed and screwed in the entrance to the frame, and Sumter boarded up the windows.

Bill Leblanc asked if it was a floodway because, if it is, the city cannot issue permits.

The council voted to give Sumter 60 days to improve the properties. However, Ellender said if it is indeed in a floodway, Sumter will not be allowed to rebuild.

  1. 801 Cass Street has already been demolished, so the council removed it from the agenda.
  1. 632 Maple Street – No one was present to speak about this property. The city condemned the property.
  1. 1201 Taylor Street – The city voted to provide a 30-day extension for this property.

Extensions for temporary housing in recreational vehicles

  1. 945 Beulah – Melinda Hardy recused herself because a relative owns this property. The council voted to provide an extension. 
  1. 9 Poinsettia Street – No one spoke about this item. The council approved an extension.
  1. 906 Taylor Street – No one was present to speak about this item, nor did they appear at the land use meeting about this property. Nezat says it looks like the property has undergone some remodeling. The council granted a thirty-day extension.

Public Hearings

The city held a public hearing on an ordinance granting a rezone to ALK Properties, 2606 Allen Street, from Residential to Commercial to expand the current business, Kim Kool, located at 317 Patton Street.

The owner of ALK Properties, Travis Marlburger, said this local business has been at the location for 40 years. The company would purchase two properties north of their current location and move the north wall. Marlburger said there would be no impact on Allen Street. 

Resident Chris Higgenbotham, 2510 Allen Street, believes the expansion is part of a broader problem in the neighborhood. He is opposed to the rezoning of Kim Kool because of the potential for the rezoning to set precedence for other nearby businesses to expand and change the value of nearby homes.

“Do not allow them to chip away at our neighborhood one property at a time,” Higgenbotham said. “I am all for business expansion but not at the cost of my community.”

Cynthia Jones, 430 Patton Street, also opposes the rezoning and expansion, “We have a problem. Mr. Marlburger wants to expand his business. We’re in strong opposition to all of the rezoning changes as well as expansion. Our property values will plummet because of the business there. Here’s a solution, Mr. Marlburger secures a proper location more suitable for a manufacturing business and reverts the property to residential as the original developers intended.”  Abshire asks if Ms. Jones placed complaints. Jones said she made one complaint.

Debbie Guillory, 2512 Allen Street, has lived there since 2003 and opposes this property expansion. Guillory said it is a quiet neighborhood and an excellent place to raise children. She noted that other property in town is vacant that Kim Kool could use instead of taking away their communities.

Pam Weiss, 2517 Allen Street, favors the expansion and doesn’t think it will devalue their property. However, Weiss said Sulphur needs tax money and businesses. 

Bill Leblanc said he doesn’t have a problem with Kim Kool but does not have any property nearby. “I know everybody is concerned with Maplewood, and I’ll say that real nice… But, you have to be careful that it doesn’t set precedence.”

Nezat stated he had trouble encroaching into residential zones, so his vote is no. Hardy agreed this was a tough decision and voted no. Abshire says, “Unfortunately, we are growing as a city.” She voted yes. Thomas. Ellender voted yes.

The next item is related to the previous public hearing. It would grant a rezone to ALK Properties, 317 Patton Street, from business to commercial to be contiguous with an expansion of 2616 Lena Street and 2606 Allen Street.

Ronda Duhon, 2602 Allen Street, said her father built her home and asked the council to vote no on the expansion. Her husband, Mark Duhon, is also in opposition.

Nezat: No

Hardy: No

Abshire: Yes

Thomas: No

Ellender: Yes

Motion fails

Because of the results of the two previous items, this item was withdrawn – an ordinance granting a rezone to ALK Properties, from residential to commercial, to expand the current business located at 317 Patton Street. 

There was a public hearing on a variance to Reina Manrique, 1231 Franklin Street, to allow a mobile home over ten years on her newly purchased property. Ms. Manrique says the rent is very high where she lives now on Verdine, and she bought property on Franklin. Abshire says the rent was around $200 per month and is now closer to $700 at the trailer park where Manrique lives, which is under new ownership. Abshire makes a motion that she cannot move the attached building and has 30 days to get the trailer anchored and skirted in compliance with all ordinances for mobile homes. The council unanimously voted to allow the variance.

The city adopted the annual budget of revenues and expenditures for the fiscal year July 1, 2023, to June 30, 2024, for the City of Sulphur, Louisiana. 

They set water, sewer, and trash collection fees for the year.

In addition, the council passed an ordinance amending Ordinance No. 1393, M-C Series, setting forth tie-in fees for water and sewer. 

Bill Leblanc, 10 Roberta Drive, asks why they have increased so much. Jennifer Thorn says it is because they have not been assessed since 2016. Thorn checked with Lake Charles to see what the rates are. Mr. Leblanc said he didn’t live in Lake Charles and responded, “You’re not encouraging progress when you make the rate higher to tie in with the city.” Thorn says, “The cost exceeds what we had previously charged. These costs are one-time fees unless it is a builder.” 

The city passed Ordinance No. 1611, M-C Series, which established a program to assist low-income households in paying water, sewer, and garbage/trash collection fees charged by the City of Sulphur. This represents an increase in the utility assistance program from $15.00 to $23.25 in assistance.

Next, the city passed a public hearing on an ordinance amending Ordinance No. 1218, M-C Series, which set forth a Capital Recovery fee charged by the City of Sulphur. This is a ten-cent increase on monthly utility bills. No one spoke on this item, and it passed unanimously.

This item was removed due to ongoing meetings – ordinance amending Resolution No. 2102, M-C Series, which would authorize the Mayor to enter into an Inter-Governmental Agreement with the Calcasieu Parish Police Jury for Wastewater Treatment Services for the Mossville area.

The city passed an ordinance granting a right-of-way and authorizing Mayor Mike Danahay to execute the right-of-way with Entergy Louisiana, LLC, for property located on Invader Street.

The city passed an ordinance declaring specific surplus movable property of the City of Sulphur and providing for the disposal of shop parts.

The city passed an ordinance amending Chapter 9, Section 21 of the Code of Ordinances of the City of Sulphur to adopt the International Fire Code. Danahey says that one day, there will be a fire station where we are sitting.

The city passed an ordinance amending Chapter 5, Section 21 of the Code of Ordinances of the City of Sulphur to adopt the 2021 International Building Code.

Introduction of Ordinances

Mayor Danahay was authorized to sign the annual LA DOTD Maintenance Agreement for the fiscal year ending June 30, 2024. The city will pay $10,800 to mow and pick up litter. This item will appear on next month’s agenda as a resolution.

The city entered into a Cooperative Endeavor Agreement with the City of Westlake for salaries for the Marshal’s office. The marshall has requested an additional deputy. Westlake will contribute up to $25,000 for a new deputy. 

Additional Resolutions

This item was removed – appointing a West Calcasieu Port, Harbor, and Terminal District member.

The low bid received for Sulphur Regional Wastewater Treatment Facility Phase 2 SBR Process Improvements, and Hurricane Laura Damage Repairs was Wharton-Smith, Inc, in a base bid of approximately $7 million. The city submitted the bid to FEMA, and the city asked for reimbursement for 50% of the cost. 

Resident Cindy Robertson said she has been getting notices from the EPA about the city’s wastewater, and she is glad the city is “finally able to get to it. There are grants available from the Biden administration, and I have people willing and ready to assist with the grant-writing process,” Robertson said.

The council approved a special election authorizing renewal for property tax millage of five mills for purchasing and maintaining equipment, enlarging, improving, and maintaining Fire Department facilities, and salaries for maintenance and operation of the Department and renewal of a special tax of five mills for street maintenance within the city; making application to the State Bond Commission and United States Attorney General in connection. This will be a slight decrease. 

Mayor Danahay will sign a quitclaim deed between the city and Andrew John Drost, Jr., and Dorothy Kay Drost for a 15-foot strip in Rose Park #5 (property to the east of 2729 St. Francis Street). Danahay says this is a piece of property that the city was unaware that it owned and is not needed.

The city approved the Municipal Water Pollution Prevention Environmental Audit Report dated April 12, 2023. The report indicates that the city exceeded its permit limit for fecal coliform. The report states, “UV system is still experiencing operation issues due to damage sustained from Hurricane Laura. Bid has been awarded for a complete system rehab.” The score was 127.5 out of 560; last year, 140. The lower the score, the better.

Community Perspective

Cindy Robertson wanted to bring up the water quality issue. Robertson said the Louisiana Department of Health regulations are not the safest they could be. “A lot of research has gone on in the last 20-40 years, and those regulations have not been updated since then except for the lead regulations. The city deserves good, safe water.”

Thorn says they have applied for grant money and are working through the process.

Outcomes | The meeting concluded at PM. The next Sulphur city council meeting is Monday, June 12, 2023, at 5:30 PM.

Links:

Meeting agenda

Meeting Resolutions and Orders

Meeting Minutes from April

Read our notes from April

Read our notes from March

Read our notes from February

Read our notes from January

Video:

Questions, comments, or tips about this issue? 

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