City Council Regular Meeting Agenda for Tuesday July 7, 2020

Click here for Special Meetings and AGENDA Previous Agendas BILOXI CITY COUNCIL MEETING Tuesday, July 7, 2020 6:00 p.m. Council Chambers, 2nd floor of City Hall 140 Lameuse Street, Biloxi, Mississippi INVOCATION BY: Patrice Torricelli Unified Coast Prayer Movement 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 amend The Biloxi Land Development Ordinance, specifically to amend Table 23-4-1 (C) Use Table – Non-Residential and Planned Development Districts, as it relates to the allowance of specific uses as either “P” Permitted or “C” Conditional Uses within the WF Waterfront District Zone. Case No. 20-013, City of Biloxi. Submitted by the Planning Commission. {*-070720APC} ____________B. Ordinance to amend The Biloxi Code of Ordinances, specifically to amend Section 23-6-7(C)(4) of the Land Development Ordinance to address the modification of text related to the establishment of standards and requirements for Fences in Easements. Case No. 20- 014, City of Biloxi. Submitted by the Planning Commission. {*-070720BPC}  July 7, 2020 Page |2 4. POLICY AGENDA-Continued ____________C. Ordinance to amend The Biloxi Code of Ordinances, Specifically to amend Table 23-4-1(B) Use Table – Residential Districts, Table 23-4- 1(C) Use Table – Non-Residential and Planned Development Districts, and Table 23-3-2(H) RM-10 Low-Density Multifamily Residential District. Case No. 20-015, City of Biloxi. Submitted by the Planning Commission. {*-070720CPC} ____________D. Ordinance to amend The Land Development Ordinance, specifically to amend Table 23-4-1-(B), Table 23-4-1(C), Section 23-4-3(d) and Section 23-10-2 for regulations pertaining to Short-Term Rental and Timeshare Uses. Case No. 20-016, City of Biloxi. Submitted by the Planning Commission. {*-070720DPC} ____________E. Ordinance to approve a Zoning Map Amendment, to authorize a change in zoning district classification for portions of two (2) parcels of land together measuring approximately 32,726 square feet (more or less) in overall size, from their present zoning district classification of NB Neighborhood Business and RM-30 High-Density Multi-Family Residential to I Industrial, for properties collectively identified as 211 Esters Boulevard, including an unaddressed parcel fronting to Magnolia Street. Case No. 20-019, Mark D. Swetman (owner) and Gary W. Murphy, Sr. (applicant). Submitted by the Planning Commission. {*-070720FPC} Ward 2 RESOLUTIONS ____________F. Resolution to Grant Conditional Use approval, to authorize a 48 unit apartment complex, (i.e., Beach Vista Apartments) to be utilized for Short Term Rentals, upon a property site situated within an RM-30 High-Density Multi-Family Residential Zone identified by municipal address 133 Briarfield Avenue. Case No. 20-018, Frank Zhang, DBA 133 Briarfield LLC. Submitted by the Planning Commission. {*-070720EPC} Ward 5 ____________G. Resolution appointing Wendy Barthe Peavy to the Municipal Election Commission for a term beginning July 7, 2020, and expiring at the expiration of the terms of office of the Governing Authorities making such appointment. Introduced by Mayor A.M. Gilich, Jr. {*-070720AEXC} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  July 7, 2020 Page |3 4. POLICY AGENDA-Continued ____________H. Resolution calling a Special Election to be held in the Municipality of Biloxi, Mississippi, on Tuesday, the 4th day of August, 2020, for the purpose of submitting to the qualified electors of the Municipality of Biloxi, Mississippi, the approval or disapproval of the action of the City Council in adopting on the 7th of April, 2020 an Ordinance granting Non-exclusive Electric Franchise to Mississippi Power Company, its successors, and assigns a franchise in the Municipality of Biloxi, Mississippi. Introduced by Mayor A.M. Gilich, Jr. {*-070720BEXC} ____________I. Resolution determining and allocating certain distribution of funds pursuant to Biloxi Code of Ordinances Section 12-9-9 for fiscal year 2020-2021. Introduced by Mayor A.M. Gilich, Jr. {*-070720CLEG} 5. CONSENT AGENDA ____________A. Resolution approving Bond of Biloxi Public School Board Member Richard Schmidt providing for filing and recording of same. Introduced by Mayor A.M. Gilich, Jr. {*-070720CEXC} ____________B. Resolution authorizing expenditures to CASA of Harrison County in the amount of $5,000.00. Introduced by Mayor A.M. Gilich, Jr. {*-070720DEXC} ____________C. Resolution accepting report of the issuance of the $16,206,000 principal amount City of Biloxi, Mississippi General Obligation Taxable Refunding Bonds, Series 2020A; and application of proceeds thereof. Introduced by Mayor A.M. Gilich, Jr. {*-070720ALEG} ____________D. Resolution accepting report of the issuance of the $8,662,000 principal amount City of Biloxi, Mississippi General Obligation Taxable Refunding Bonds, Series 2020; and application of proceeds thereof. Introduced by Mayor A.M. Gilich, Jr. {*-070720BLEG} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  July 7, 2020 Page |4 5. CONSENT AGENDA-Continued ____________E. Resolution to approve and execute a sub-recipient agreement with Open Doors Homeless Coalition as approved in the program year 2019 Community Development Block Grant (CDBG) Action Plan Substantial Amendment No. 1 (CDBG-CV) and 2015-2019 Consolidated Plan Substantial Amendment No. 4 budgeting use of a CARES ACT allocation. Introduced by Mayor A.M. Gilich, Jr. {*-070720AFSP} ____________F. Resolution to approve and authorize the lowest and best quote received for One Kawasaki Utility Vehicle for use by Fire Prevention from Suzuki City in the total amount of $11,700.00. Funding: Fire Budget via insurance rebate. Introduced by Mayor A.M. Gilich, Jr. {*-070720APUR} ____________G. Resolution amending the municipal budget for fiscal year ending September 30, 2020, to recognize reallocated Tidelands grant funds into the budget for Capital Project No. 1000: West Biloxi Boardwalk. Introduced by Mayor A.M. Gilich, Jr. {*-070720ACON} ____________H. Resolution amending the existing contingency contract with True North Emergency Management, LLC for debris removal monitoring during a declared emergency event. Introduced by Mayor A.M. Gilich, Jr. {*-070720BCON} ____________I. Resolution authorizing Change Order No. Three (3) to the construction agreement with Blackline Corporation for Capital Project No. 997: Saenger Theatre Exterior Repairs. Introduced by Mayor A.M. Gilich, Jr. {*-070720CCON} ____________J. Resolution authorizing entry into Amendment No. Six (6) to the Early Restoration Grant Agreement with the Mississippi Department of Environmental Quality Grant for Capital Project No. 990: Popps Ferry Causeway Park. Introduced by Mayor A.M. Gilich, Jr. {*-070720DCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  July 7, 2020 Page |5 5. CONSENT AGENDA-Continued ____________K. Resolution accepting and approving Certificate of Substantial Completion to the Construction Agreement with J. W. Puckett & Company, Inc. for Capital Project No. 1027: Fire Station No. 10. Introduced by Mayor A.M. Gilich, Jr. {*-070720ECON} ____________L. Resolution authorizing entry into Cost Per Copy Agreement with RJ Young Company, Inc. for the lease, maintenance and copy costs associated with two (2) new copiers to be utilized by the Community Development Department. Introduced by Mayor A.M. Gilich, Jr. {*-070720FCON} ____________M. Resolution accepting the bid of C. B. Developers, Inc. and authorizing entry into a Construction Agreement for Capital Project No. 1065: Lorraine Road Waterline. Introduced by Mayor A.M. Gilich, Jr. {*-070720GCON} ____________N. Resolution declaring a State of Emergency in the City of Biloxi, Mississippi for Tropical Storm Cristobal and authorizing the Mayor to do all things reasonable and necessary to protect the health and safety of the city's citizens; and for related purposes. Introduced by Mayor A.M. Gilich, Jr. {*-070720EEXC} ____________O. Resolution to approve and authorize the lowest and best quote received and in consideration of Subsection 31-7-15 of the Mississippi Code 1972 Annotated (preference laws) for Ivy Court Pipe Repair from Suncoast Infrastructure in the total amount of $22,075.00. Funding: Public Works Budget. Introduced by Mayor A.M. Gilich, Jr. {*-070720BPUR} 6. CODE ENFORCEMENT HEARINGS ____________A. Gulfshore Hospitality, Inc.,1410L-03-016.000/950 Beach Blvd. ____________B. Gulfshore Hospitality, Inc.,1410L-03-017.000/956 Beach Blvd. ____________C. Frank G. Parker-Estate,1210K-03-075.000/176 Daisy St. ____________D. Frank G. Parker-Estate,1210K-03-074.000/180 Daisy St. ____________E. State of Mississippi, Attn: Derrick Cooper, 1410H-05-059.000/316 Strangi Ave. {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  July 7, 2020 Page |6 6. CODE ENFORCEMENT HEARINGS- Continued ____________F. Welch Family Limited Partnership 5, 1110M-01-004.000/0 Beach Blvd. ____________7. ROUTINE AGENDA {*-070720RTN} Section 1: To accept bids submitted by each vendor in the amount shown below as the lowest and/or best bid based on the recommendation of the Executive Branch to accept each such bid as follows: A. (Purchase No. 1) Football Supplies & Uniforms/ Parks & Recreation VENDOR - See Attached AMOUNT - See Attached Section 2: To adjudicate the following parcels a menace to the public health and safety of the community: A. CITY PARCEL NO.: 1410A-01-033.000 OWNED BY: Luevinnia Fortenberry DATE OF HEARING: June 23, 2020 Section 3: To authorize special assessment to code enforcement action taken to clean the following parcels: A. CITY PARCEL NO: 1210A-01-004.000 OWNER & ADDRESS: Shirley A. Bilancich, Estate 1616 Hollywood Boulevard Biloxi, MS 39531 CONTRACTOR: Robert Sidaway RESOLUTION NO.: 547-19 ASSESSMENT AMOUNT: $315.00 B. CITY PARCEL NO: 1210K-03-026.000 OWNER & ADDRESS: Delux Homes, LLC P. O. Box 442225 Lawrence, KS 66044 CONTRACTOR: Michael Wood RESOLUTION NO.: 356-20 ASSESSMENT AMOUNT: $1,765.00 {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  July 7, 2020 Page |7 7. ROUTINE AGENDA-Continued C. CITY PARCEL NO: 1310A-03-027.000 OWNER & ADDRESS: Thao Oanh Doan 391 Main Street Biloxi, MS 39530 CONTRACTOR: Michael Wood RESOLUTION NO.: 468-19 ASSESSMENT AMOUNT: $565.00 D. CITY PARCEL NO: 1210G-02-080.000 OWNER & ADDRESS: Maria Gisterek 274 Bleuer Drive Biloxi, MS 39531 CONTRACTOR: Michael Wood RESOLUTION NO.: 469-19 ASSESSMENT AMOUNT: $345.00 E. CITY PARCEL NO: 1410E-03-064.000 OWNER & ADDRESS: Lucy Patricia O. Saunders – Estate C/O Renee Ueham Kurtriscia 1606 Kaleilani Street Pearl City, HI 96782 CONTRACTOR: Michael Wood RESOLUTION NO.: 673-19 ASSESSMENT AMOUNT: $590.00 F. CITY PARCEL NO: 1410I-06-086.000 OWNER & ADDRESS: Cong Thanh Tran 390 Howard Avenue Biloxi, MS 39530 CONTRACTOR: Michael Wood RESOLUTION NO.: 350-20 ASSESSMENT AMOUNT: $295.00 Section 4: To authorize approval of the claims listed on the docket of claims No. 2020H-04, in the amount of $973,696.48, attached as Exhibit "A" and to authorize the Mayor and/or Municipal Clerk to pay said claims. Section 5: 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.