City Council Regular Meeting Agenda for Tuesday February 7, 2023

Click here for Special Meetings and Previous Agendas AGENDA BILOXI CITY COUNCIL MEETING Tuesday, February 7, 2023 6:00 p.m. Council Chambers, 2nd floor of City Hall 140 Lameuse Street, Biloxi, Mississippi 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). --Certificates of Recognition to be presented for the Mardi Gras Shoe Box Float contest. 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 amend Section 23-2-2 (E)(2)a of the Land Development Ordinance of the City of Biloxi pertaining to the Architectural and Historical Review Commission. Introduced by Mayor A.M. Gilich, Jr. {*-020723AEXC} ____________B. Ordinance to approve a Zoning Map Amendment, to authorize a change in zoning district classification for three parcels of land from their present zoning district classification of NB Neighborhood Business to CB Community Business and identified as 226 Tuxedo Street. Case 23-007, Lou- Mac, LLC (owners) and Sidney Lloyd, Jr. (applicant). Submitted by the Planning Commission. {*-020723APC} Ward 1 {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  February 7, 2023 Page |2 4. POLICY AGENDA-Continued ____________C. Ordinance to approve a Zoning Map Amendment, to authorize a change in zoning district classification for a parcel of land measuring approximately two and six-tenths (2.6) acres (more or less) in size, from its present zoning district classification of RM-30 Multi-family High Density to PD-I: Planned Development-Infill District master plan for an unaddressed parcel of land fronting upon Maple Street. Case 23-008, Elliott Rentals QOZB, LLC (owners) and Josh Fleming (applicant). Submitted by the Planning Commission. {*-020723BPC} Ward 1 ORDINANCES (Second Reading) ____________D. Ordinance to approve a Zoning Map Amendment, for a change in zoning district classification for two parcels of land identified as 156 Camellia Street and 1918 Southern Avenue, from their present zoning district classification of RS-5 Residential Single-Family High Density to CB Community Business (156 Camellia) and NB Neighborhood Business (1918 Southern Avenue). Case No. 23-002, Coastal Development Group, LLC (owners) and Jason Stearman (applicant). Submitted by the Planning Commission. {*-012423APC} Ward 3 First Reading on January 24, 2023 RESOLUTIONS ____________E. Resolution granting Conditional Use Approval, to authorize the establishment of a Medical Cannabis Dispensary within an existing building, situated within a WF Waterfront Zoning District and located at 941 Diaz Avenue. Case No. 23-010, Chris & Dixie Bellman (owners) and Joseph Pepe (applicant). Submitted by the Planning Commission {*-020723CPC} Ward 1 5. CONSENT AGENDA ____________A. Resolution authorizing expenditures to Miss Mississippi Corporation in the amount of $350.00 for advertisement in the Miss Mississippi Pageant Program. Introduced by Mayor A.M. Gilich, Jr. {*-020723BEXC} ____________B. Resolution authorizing expenditures to the Disability Connection in the amount of $250.00 for recognition in the 2023 Career Success Guide. Introduced by Mayor A.M. Gilich, Jr. {*-020723CEXC} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  February 7, 2023 Page |3 5. CONSENT AGENDA-Continued ____________C. Resolution authorizing an increase to petty cash funds and change funds for fiscal year 2022-2023. Introduced by Mayor A.M. Gilich, Jr. {*-020723AADM} ____________D. Resolution approving Fire Chief Nicholaus Geiser as a designated Mississippi Office of Homeland Security (MOHS) Applicant Agent for the Mississippi Office of Homeland Security (MOHS) Grant Program. Introduced by Mayor A.M. Gilich, Jr. {*-020723AFD} ____________E. Resolution amending the municipal budget for the Engineering Department to reallocate payroll funds from salaries and wages to other professional services. Introduced by Mayor A.M. Gilich, Jr. {*-020723AENG} ____________F. Resolution to approve the purchase of one new Holland Tractor from Crain Tractor in the total amount of $66,963.65, as authorized by State of Mississippi Contract No. 8200062034. Funding: Public Works Budget. Introduced by Mayor A.M. Gilich, Jr. {*-020723APUR} ____________G. Resolution to approve the purchase of one new Tiger Mower from Crain Tractor in the total amount of $37,426.00, as authorized by State of Mississippi Contract No. 8200061337. Funding: Public Works Budget. Introduced by Mayor A.M. Gilich, Jr. {*-020723BPUR} ____________H. Resolution to approve the purchase of one Ram Truck from Landers Dodge in the total amount of $35,894.00, as authorized by State of Mississippi Contract No. 8200065470. Funding: Parks & Recreation Budget. Introduced by Mayor A.M. Gilich, Jr. {*-020723CPUR} ____________I. Resolution to approve and authorize the lowest and best quote received to purchase 190 Patrol Shirts from The Southern Connection Police Supplies in the total amount of $13,490.00. Funding: Police Budget via Grant GR 116. Introduced by Mayor A.M. Gilich, Jr. {*-020723DPUR} ____________J. Resolution to approve and authorize the lowest and best quote received to furnish and install a replacement oven at the Visitors Center from Hotel and Restaurant Supply in the total amount of $16,902.30. Funding: Community Development Budget. Introduced by Mayor A.M. Gilich, Jr. {*-020723EPUR} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  February 7, 2023 Page |4 5. CONSENT AGENDA-Continued ____________K. Resolution adopting Rules and Regulations for Vessels in the Biloxi Sherman V. Canaan Fishing Dock and the Commercial Dock, and form of Berth Rental Agreement for Commercial Vessels. Introduced by Mayor A.M. Gilich, Jr. {*-020723ACON} ____________L. Resolution authorizing contribution to the Greater Biloxi Economic Development Foundation. Introduced by Mayor A.M. Gilich, Jr. {*-020723BCON} ____________M. Resolution authorizing the Southern Mississippi Planning and Development District (“SMPDD”) to assist and serve as agent for city to establish a Commercial Redevelopment Program for a redevelopment project at 2384 Pass Road. Introduced by Mayor A.M. Gilich, Jr. {*-020723CCON} ____________N. Resolution authorizing entry into a Tri-Party Agreement for Commercial Redevelopment Incentive Grant and Related Services, by and among the City of Biloxi, Southern Mississippi Planning and Development Districts, Inc. (“SMPDD”) and X3 Tango, LLC for the redevelopment of the commercial shopping center located at 2384 Pass Road, Biloxi, Mississippi [Tax Parcel No. 1110H-02-008.000]. Introduced by Mayor A.M. Gilich, Jr. {*-020723DCON} ____________O. Resolution authorizing Change Order No. Fourteen (14) to the Construction Agreement with Necaise Brothers Construction Co., Inc. for the Hurricane Katrina Infrastructure Repair Program, South Contract, Area BEA1, BEA2 and BEA3 (Project No. KG630). Introduced by Mayor A.M. Gilich, Jr. {*-020723ECON} ____________P. Resolution amending the municipal budget for fiscal year ending September 30, 2023, to recognize funds received from the Mississippi Department of Revenue pursuant to the provisions of the Mississippi Infrastructure Modernization Act of 2018 and allocate said funds into the municipal budget for Capital Project No. 9999: Funding. Introduced by Mayor A.M. Gilich, Jr. {*-020723FCON} ____________Q. Resolution authorizing submission of an Amended Tideland Application to the Mississippi Department of Marine Resources in connection with Capital Project No. 1097: Parkers Creek Dredging. Introduced by Mayor A.M. Gilich, Jr. {*-020723GCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  February 7, 2023 Page |5 5. CONSENT AGENDA-Continued ____________R. Resolution approving and authorizing renewal of VMWare license with ConvergeOne. Introduced by Mayor A.M. Gilich, Jr. {*-020723HCON} ____________S. Resolution authorizing Crossing Closure Agreement with CSX Transportation, Inc. regarding the closure of crossing at Holley Street. Introduced by Mayor A.M. Gilich, Jr. {*-020723ICON} ____________T. Resolution authorizing renewal of Master Agreement and Small Municipal and County Government Enterprise Agreement with Environmental Systems Research Institute, Inc. for ArcGIS and Drone2Map. Introduced by Mayor A.M. Gilich, Jr. {*-020723JCON} ____________U. Resolution authorizing Amendment No. 2 to Professional Services Agreement with Overstreet & Associates, PLLC for Capital Project No. 1078: Shriners Blvd Water/Sewer Extension. Introduced by Mayor A.M. Gilich, Jr. {*-020723KCON} ____________V. Resolution authorizing entry into a Maintenance Agreement with Fitserve, Inc., a Morgan Enterprises Company for the maintenance of exercise equipment at the Police Department Gym. Introduced by Mayor A.M. Gilich, Jr. {*-020723LCON} ____________W. Resolution authorizing renewal of Software Assurance Plan Agreement with Municipal Code Corporation, Inc. for Laserfiche. Introduced by Mayor A.M. Gilich, Jr. {*-020723MCON} ____________X. Resolution authorizing renewal of maintenance services and licenses for the City of Biloxi's firewall. Introduced by Mayor A.M. Gilich, Jr. {*-020723NCON} ____________Y. Resolution supplementing Resolution No. 917-22 authorizing submission of a grant application to the Mississippi Department of Environmental Quality for a Mississippi Municipality & County Water Infrastructure Grant requesting funding to be utilized in connection with Capital Project No. 1079: Bay Vista Water Well. Introduced by Mayor A.M. Gilich, Jr. {*-020723OCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  February 7, 2023 Page |6 5. CONSENT AGENDA-Continued ____________Z. Resolution supplementing Resolution No. 915-22 authorizing submission of a grant application to the Mississippi Department of Environmental Quality for a Mississippi Municipality & County Water Infrastructure Grant requesting funding to be utilized in connection with Capital Project No. 1065: Lorraine Road Waterline. Introduced by Mayor A.M. Gilich, Jr. {*-020723PCON} ____________AA. Resolution supplementing Resolution No. 915-22 authorizing submission of a grant application to the Mississippi Department of Environmental Quality for a Mississippi Municipality & County Water Infrastructure Grant requesting funding to be utilized in connection with Capital Project No. 1047: Tanglewood Infrastructure Repair. Introduced by Mayor A.M. Gilich, Jr. {*-020723QCON} ____________BB. Resolution authorizing entry into Agreement with Seymour Engineering, PLLC for Capital Project No. 1097: Parkers Creek Dredging. Introduced by Mayor A.M. Gilich, Jr. {*-020723RCON} ____________CC. Resolution authorizing and approving entry into Special Event Agreement with Danny Pitalo d/b/a Gorenflo Bait & Tackle for the Gorenflo's 37th Annual Cobia Shootout to be held at Point Cadet Marina on May 13, 2023 and the Gorenflo's 37th Annual Cobia Tournament to be held at Point Cadet Marina on May 20 through May 21, 2023. Introduced by Mayor A.M. Gilich, Jr. {*-020723SCON} ____________DD. Resolution amending the municipal budget for fiscal year ending September 30, 2023, to recognize additional grant funds into the budget for Capital Project No. 1069: Kuhn Street Boat Ramp. Introduced by Mayor A.M. Gilich, Jr. {*-020723TCON} ____________EE. Resolution authorizing renewal of Maintenance Agreement with Aware, Inc. for Affix Tracker Premium. Introduced by Mayor A.M. Gilich, Jr. {*-020723UCON} ____________FF. Resolution creating the City of Biloxi an Adopt-An-Area Program and approving the form of the Adopt-An-Area Program Agreement. Introduced by Mayor A.M. Gilich, Jr. {*-020723VCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  February 7, 2023 Page |7 5. CONSENT AGENDA-Continued ____________GG. Resolution creating the City of Biloxi an Adopt-A-Road Program and approving the form of the Adopt-A-Road Program Agreement. Introduced by Mayor A.M. Gilich, Jr. {*-020723WCON} ____________HH. Resolution creating the City of Biloxi an Adopt-A-Park Program and approving the form of the Adopt-A-Park Program Agreement. Introduced by Mayor A.M. Gilich, Jr. {*-020723XCON} ____________II. Resolution authorizing the City of Biloxi Police Department to make a donation of 2006 Ford Crown Victoria to the Ocean Springs School District. Introduced by Mayor A.M. Gilich, Jr. {*-020723APD} 6. CODE ENFORCEMENT HEARINGS ____________A. Warr Properties, LLC et al., 1410B-01-003.000/0 Bayview Avenue 30 day extension on December 27, 2022 ____________7. ROUTINE AGENDA {*-020723RTN} SECTION ONE: To authorize special assessment to code enforcement action taken to clean the following parcels: A. CITY PARCEL NO.: 1410I-01-040.000 OWNED BY: Noel D. Anticich -ETAL- ADDRESS: 2319 Middlecoff Drive Gulfport, MS 39507 CONTRACTOR: Lawn Enforcement Yard Service RESOLUTION NO.: 973-22 ASSESSMENT AMOUNT: $635.00 B. CITY PARCEL NO.: 1110H-01-035.000 OWNED BY: Colonial Park, LLC. ADDRESS: 2318 Pass Road Biloxi, MS 39531 RESOLUTION NO: 973-22 CONTRACTOR: AD&R ASSESSMENT AMOUNT: $3,215.00 {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  February 7, 2023 Page |8 7. ROUTINE AGENDA-Continued C. CITY PARCEL NO.: 1110H-01-035.000 OWNED BY: Colonial Park, LLC. ADDRESS: 2318 Pass Road Biloxi, MS 39531 CONTRACTOR: AD&R RESOLUTION NO.: 973-22 ASSESSMENT AMOUNT: $8,215.00 D. CITY PARCEL NO.: 1109I-01-004.085 OWNED BY: Wanda Gatlin ADDRESS: 737 Clover Place Biloxi, MS 39532 CONTRACTOR: Lawn Enforcement Yard Service RESOLUTION NO.: 949-22 ASSESSMENT AMOUNT: $4,415.00 E. CITY PARCEL NO.: 1210F-02-039 OWNED BY: Mach VI Holding, LLC. ADDRESS: 6001 Old Oakview Ocean Springs, MS 39564 CONTRACTOR: Lawn Enforcement Yard Service RESOLUTION NO.: 973-22 ASSESSMENT AMOUNT: $1,615.00 F. CITY PARCEL NO.: 1210A-02-078.000 OWNED BY: Glenn J. Saucer ADDRESS: 1722 Pine Street Suite 603 Montgomery, AL 36106 CONTRACTOR: Lett’s Lawn Care RESOLUTION NO.: 949-22 ASSESSMENT AMOUNT: $2,715.00 G. CITY PARCEL NO.: 1310H-02-042.000 OWNED BY: Urban Transitional Living, LLC. ADDRESS: 1937 Acklen Run Road Houston, TX 77583 CONTRACTOR: Lawn Enforcement Yard Service RESOLUTION NO.: 949-22 ASSESSMENT AMOUNT: $595.00 SECTION TWO: To authorize approval of the claims listed on the docket of claims No. 2023E-01, in the amount of $$4,328,774.10, 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.