City Council Regular Meeting Agenda for Tuesday April 5, 2022

Click here for Special Meetings and Previous Agendas AGENDA BILOXI CITY COUNCIL MEETING Tuesday, April 5, 2022 6:00 p.m. Council Chambers, 2nd floor of City Hall 140 Lameuse Street, Biloxi, Mississippi INVOCATION 1. AGENDA ORDER 2. PRESENTATION AGENDA A. Mayor’s Report -- Report to the City Council on the Biloxi Travel Expense Credit Card (to be spread upon the Minutes of this meeting). B. Departmental Report C. Council's Report 3. PUBLIC AGENDA Citizens Comments-(Total allotted time 45 minutes) 4. POLICY AGENDA ORDINANCES (First Reading) ____________A. Ordinance to approve a Zoning Map Amendment to authorize a change in zoning district classification for two parcels of land collectively measuring forty (40) acres (more or less) in size, from their present zoning district classifications of A Agricultural and RE Residential Estate to RS-10 Low- Density Single Family Residential, for land presently identified as two unaddressed parcels fronting to Jim Byrd Road. Case No. 22-025, Chesten Lee Felsher (owner) and Dennis Stieffel (applicant). Submitted by the Planning Commission. {*-040522DPC} Ward 7 ORDINANCES (Second Reading) ____________B. Ordinance to amend Ordinance No. 2354 pertaining to Section 23-6- SUBSTITUTE 13(N)(1), Code of Ordinances of The City of Biloxi relating to Temporary Sign Permits. Introduced by Council President Kenny Glavan. {*-032222ACOU} First reading on March 22, 2022 {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  April 5, 2022 Page |2 4. POLICY AGENDA-Continued RESOLUTIONS ____________C. Resolution vacating a defined portion of unimproved public Right-of- Way approximately 285' feet in length and 12.83' feet (more or less) in width, identified as an unimproved section of South Hill Drive (formerly Brasher Road). Case No. 22-018, Edwin R. & Jennifer G. Miles, and Craig & Natalie Balius, II (applicants). Submitted by the Planning Commission. {*-040522APC} Ward 6 ____________D. Resolution granting Conditional Use, to authorize three (3) Single- Family Residences to be constructed upon a single lot of record, upon a property site one-half of an acre (more or less) in size, and located within an RB Regional Business zoning district, for property identified as 647 Howard Avenue. Case No. 22-019, Jeffrey and Tienste Reich. Submitted by the Planning Commission. {*-040522BPC} Ward 1 ____________E. Resolution granting Conditional Use approval to authorize the establishment of a Convenience Store with Gas facility upon a vacant parcel of land, for property presently identified as 2790 Beach Boulevard. Case No. 22-024, Felix Bertucci on behalf of Audubon Realty. Submitted by the Planning Commission. {*-040522CPC} Ward 5 ____________F. Resolution authorizing and directing the issuance of a General Obligation Bond, Series 2022, of the City of Biloxi, Mississippi, for sale to The Mississippi Development Bank in a total aggregate principal amount of not to exceed seventeen million dollars ($17,000,000); prescribing the form and details of said bond; providing certain covenants of the City in connection with said bond and directing the preparation, execution and delivery thereof; authorizing the sale of said bond to the Mississippi Development Bank; authorizing and approving the form of, execution of and delivery of, as applicable, an Indenture of Trust, the Mississippi Development Bank Bond Purchase Agreement, the City Bond Purchase Agreement and the Private Placement Agreement; approving the form of and authorizing and directing, if applicable, the distribution of a Preliminary Official Statement and a Final Official Statement in connection with the sale and issuance of the Mississippi Development Bank Special Obligation Bonds, Series 2022 (Biloxi, Mississippi General Obligation Bond Project), in the aggregate principal amount of not to exceed seventeen million dollars ($17,000,000); and for related purposes. Introduced by Mayor A.M. Gilich, Jr. {*-040522GADM} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  April 5, 2022 Page |3 5. CONSENT AGENDA ____________A. Resolution amending Resolution No. 121-22 amending the Municipal Budget for Fiscal Year ending September 30, 2022, to provide sufficient funds for the Administration Department to pay the City's contractual obligations for professional services. Introduced by Mayor A.M. Gilich, Jr. {*-040522AADM} ____________B. Resolution amending Resolution No. 693-21 authorizing entry into Professional Services Agreement with John Wetzel for professional accounting services and amending the municipal budget for fiscal year ending September 30, 2022. Introduced by Mayor A.M. Gilich, Jr. {*-040522BADM} ____________C. Resolution amending the Municipal Budget for Fiscal Year ending September 30, 2022 to re-appropriate funds for the Administration Department to pay contractual obligations for Information Systems professional services. Introduced by Mayor A.M. Gilich, Jr. {*-040522CADM} ____________D. Resolution authorizing overpayment recovery plan for Katrina projects to repay the Mississippi State Treasurer for overpayment to the City of Biloxi in the amount of $60,984.18 and acceptance of FEMA reimbursements in the amount of $335,143.62. Introduced by Mayor A.M. Gilich, Jr. {*-040522DADM} ____________E. Resolution of the Mayor and City Council of the City of Biloxi, Mississippi, approving the employment of professionals in connection with the City’s intention to issue either general obligation bonds of the City or issue a general obligation bond of the City for sale to the Mississippi Development Bank, all in an aggregate principal amount of not to exceed seventeen million dollars ($17,000,000); and for related purposes. Introduced by Mayor A.M. Gilich, Jr. {*-040522EADM} ____________F. Resolution finding and determining that the resolution adopted on the 8th day of March, 2022, was duly published as required by law; that no sufficient protest described in said resolution has been filed by the qualified electors; and for related purposes. Introduced by Mayor A.M. Gilich, Jr. {*-040522FADM} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  April 5, 2022 Page |4 5. CONSENT AGENDA-Continued ____________G. Resolution amending the municipal budget for fiscal year ending September 30, 2022, to provide funding for Capital Project No. 1078: Shriners Blvd Water/Sewer Extension. Introduced by Mayor A.M. Gilich, Jr. {*-040522ACON} ____________H. Resolution authorizing Change Order No. Three (3) to Agreement between Owner and Contractor for Construction Contract (Stipulated Price) with Gray Falcon Construction, LLC for Capital Project No. 1061: Small Craft to Oak Boardwalk Introduced by Mayor A.M. Gilich, Jr. {*-040522BCON} ____________I. Resolution authorizing entry into Second Amendment to Water Tower Option and Lease Agreement with T-Mobile South, LLC regarding the lease of space on the Margaret Sherry Tower Site (2145 Popps Ferry Road). Introduced by Mayor A.M. Gilich, Jr. {*-040522CCON} ____________J. Resolution authorizing Change Order No. Three (3) to Agreement for Construction Contract with Gulf Breeze Construction, Inc. for Capital Project No. 996: Keesler Gate – Outside. Introduced by Mayor A.M. Gilich, Jr. {*-040522DCON} ____________K. Resolution authorizing Change Order No. Twelve (12) to Standard Form of Agreement with Blackline Corporation for Capital Project No. 997: Saenger Theatre Exterior Repairs. Introduced by Mayor A.M. Gilich, Jr. {*-040522ECON} ____________L. Resolution authorizing Change Order No. Eleven (11) to the Construction Agreement with Necaise Brothers Construction Company, Inc. for the Hurricane Katrina Infrastructure Repair Program, South Contract, Area STM1&2 (Project Nos. KG634 and K7112). Introduced by Mayor A.M. Gilich, Jr. {*-040522FCON} ____________M. Resolution authorizing entry into a Supplemental Agreement to the Standard Form of Agreement for Professional Services with Seymour Engineering, PLLC for Capital Project No. 1033: Bayview Waterfront Restoration Project. Introduced by Mayor A.M. Gilich, Jr. {*-040522GCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  April 5, 2022 Page |5 5. CONSENT AGENDA-Continued ____________N. Resolution authorizing entry into an Amendment No. 2 to Agreement for Professional Service with M.A. Howard Consulting, LL for various engineering and planning activities for the City of Biloxi. Introduced by Mayor A.M. Gilich, Jr. {*-040522HCON} ____________O. Resolution authorizing renewal of KnoxConnect Cloud License with Knox Company. Introduced by Mayor A.M. Gilich, Jr. {*-040522JCON} ____________P. Resolution authorizing purchase and/or renewal of licenses, subscriptions, support services and warranties with Trimble and/or Navigations Electronics, Inc. regarding software used in connection with GIS mapping. Introduced by Mayor A.M. Gilich, Jr. {*-040522KCON} ____________Q. Resolution authorizing entry into First Amendment to Agreement for Property Maintenance with Taylor Made Lawn Care, Inc. Introduced by Mayor A.M. Gilich, Jr. {*-040522LCON} ____________R. Resolution authorizing the purchase of network switches and associated software licensing from Pileum Corporation d/b/a Metrix Solutions. Introduced by Mayor A.M. Gilich, Jr. {*-040522MCON} ____________S. Resolution amending Resolution No. 879-21 authorizing the renewal of software agreements in fiscal year ending September 30, 2022. Introduced by Mayor A.M. Gilich, Jr. {*-040522NCON} ____________T. Resolution authorizing the Biloxi Police Department to apply for grant monies from the Community Project Funding (CPF) in the amount of $2,500,000. Introduced by Mayor A.M. Gilich, Jr. {*-040522APD} ____________U. Resolution to approve Fuel Access Services through May 31, 2022, as authorized by State of Mississippi Contract No. 8200045588 for use by all City Departments. Funding: Departmental Budgets. Introduced by Mayor A.M. Gilich, Jr. {*-040522APUR} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  April 5, 2022 Page |6 5. CONSENT AGENDA-Continued ____________V. Resolution to approve and authorize the lowest and best advertised bid received for one Vac-Jet Truck from Sansom Equipment in the total amount of $330,000.00. Funding: Public Works Budget. Introduced by Mayor A.M. Gilich, Jr. {*-040522BPUR} ____________W. Resolution to approve the purchase of six Protective Vests from The Southern Connection in the total amount of $5,148.00, as authorized by State of Mississippi Contract No. 8200058807. Funding: Police Budget. Introduced by Mayor A.M. Gilich, Jr. {*-040522CPUR} ____________X. Resolution affirming the action and decision of the Building Official and authorizing special assessment of Tax Roll for securing of a structure. City Parcel No. 1108O-01-011.001, owned by State of Mississippi. Introduced by Mayor A.M. Gilich, Jr. {*-040522ABD} ____________Y. Resolution affirming the action an decision of the Building Official and authorizing special assessment of Tax Roll for demolishing a structure. City Parcel No. 1410I-06-017.000, owned by Southern Guaranty Mortgage Co. Introduced by Mayor A.M. Gilich, Jr. {*-040522BBD} 6. CODE ENFORCEMENT HEARINGS ____________A. Biloxi Marking Products, Inc., 1110E-02-023.000/2730 Fernwood Road ____________B. Ashlyne B.L. Prince and A'Ryne S. Baker, 1410G-04-023.001/307 Holley Street ____________C. State of Mississippi, 1410F-01-065.000/346 Elmer Street ____________D. State of Mississippi, 1410F-01-066.000/348 Elmer Street ____________7. ROUTINE AGENDA {*-040522RTN} SECTION ONE: To authorize special assessment to code enforcement action taken to clean the following parcels: A. CITY PARCEL NO.: 1410H-05-037.00 OWNED BY: Roy E. & Emily A. Gilmore- Estate ADDRESS: 14225 South Country Hills Drive Gulfport, MS 39503 {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  April 5, 2022 Page |7 7. ROUTINE AGENDA-Continued CONTRACTOR: AD&R, Inc. RESOLUTION NO.: 110-22 ASSESSMENT AMOUNT: $465.00 B. CITY PARCEL NO.: 1410F-03-076.000 OWNED BY: Say Mar, LLC ADDRESS: 996 North Halstead Road Ocean Springs, MS 39564 CONTRACTOR: AD&R, Inc. RESOLUTION NO.: 61-22 ASSESSMENT AMOUNT: $565.00 SECTION TWO: To authorize approval of the claims listed on the docket of claims No. 2022G-01, in the amount of $382,764.74, attached as Exhibit "A" and to authorize the Mayor and/or Municipal Clerk to pay said claims. SECTION THREE: The foregoing warrants that are being approved cannot be released until funds have been received by the City of Biloxi and have been deposited into the bank. {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.