City Council Regular Meeting Agenda for Tuesday June 13, 2023

Click here for Special Meetings and AGENDA Previous Agendas BILOXI CITY COUNCIL MEETING Tuesday, June 13, 2023 1:30 p.m. Council Chambers, 2nd floor of City Hall 140 Lameuse Street, Biloxi, Mississippi 1. AGENDA ORDER 2. PRESENTATION AGENDA A. Mayor’s Report B. Departmental Report C. Council's Report 3. PUBLIC AGENDA Citizens Comments-(Total allotted time 45 minutes) 4. POLICY AGENDA ORDINANCES (Second Reading) ____________A. Ordinance to amend the geographical information system format zoning district map of the City of Biloxi, Mississippi, for the establishment of a PD- I: Planned Development-Infill District Master Plan, and a Preliminary Subdivision Re-Plat for the construction of a Holley Street Housing Development upon four unaddressed parcels situated between Brown Street and Holley Street. Case No. 23-040, Steps Coalition (owner) and K. Moye Land Design and Development, LLC (applicant). Submitted by the Planning Commission. {*-060623BPC} Ward 2 First reading on June 6, 2023 ____________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 First Reading on February 7, 2023 and Tabled subject to call on February 14, 2023 {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  June 13, 2023 Page |2 4. POLICY AGENDA-Continued ____________C. Ordinance to amend the Code of Ordinances Chapter 12, Article IV Parades. SUBSTITUTE Introduced by Mayor A.M. Gilich, Jr. {*-051623CLEGSUB2} Tabled subject to call on May 16, 2023 ____________D. Ordinance to amend the Code of Ordinances Section 2-14-5 (B) Other SUBSTITUTE Conditions pertaining to Municipal Facilities. Introduced by Mayor A.M. Gilich, Jr. {*-051623DLEGSUB} Tabled subject to call on May 16, 2023 ____________E. Ordinance to amend the Code of Ordinances Chapter 12 Article XII Mobile SUBSTITUTE Food Vending. Introduced by Mayor A.M. Gilich, Jr. {*-051623ELEGSUB2} Tabled subject to call on May 16, 2023 ____________F. Ordinance to amend the Land Development Ordinance Article 23-4-3 SUBSTITUTE (D)(10)c pertaining to Recreational Vehicle Park. Introduced by Mayor A.M. Gilich, Jr. {*-051623FLEGSUB} Tabled subject to call on May 16, 2023 ____________G. Ordinance to amend Land Development Ordinance Article 23-4-4 (C) (22) SUBSTITUTE pertaining to Storage or Parking of Heavy Trucks, Trailers, Major Recreational Equipment, or Mobile Homes. Introduced by Mayor A.M. Gilich, Jr. {*-051623GLEGSUB2} Tabled subject to call on May 16, 2023 ____________H. Ordinance to amend Land Development Ordinance Article 23-4-5 (G) SUBSTITUTE pertaining to Special Events. Introduced by Mayor A.M. Gilich, Jr. {*-051623HLEGSUB} Tabled subject to call on May 16, 2023 RESOLUTIONS ____________I. Resolution for a Vacation of an un-improved public right-of-way (extension of Austin Street) measuring 40' x 150' (more or less) located between two parcels of land having frontage to Brown Street and Holley Street. Case No. 23-042, Steps Coalition. Submitted by the Planning Commission. {*-061323APC} Ward 2 ____________J. Resolution to grant Conditional Use approval, to authorize the establishment of a Cannabis Cultivation Facility within an existing warehouse located in s CB Community Business District, for property identified as 226 Tuxedo Street. Case No. 23-009, Lou-Mac, LLC (owners) and Sidney Lloyd, Jr. (applicant). Submitted by the Planning Commission. {*-021423APC} Ward 1 Tabled subject to call on February 14, 2023 {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  June 13, 2023 Page |3 4. POLICY AGENDA-Continued ____________K. Resolution granting Minor Subdivision Final Plat approval for a property site currently identified as an unaddressed parcel fronting to Popp's Ferry Road (Tax Parcel No. 1308N-02-005.003). Case No. 23-055, Starks Investment Properties, LLC. Introduced by Mayor A.M. Gilich, Jr. {*-061323BPC} Ward 6 5. CONSENT AGENDA ____________A. Resolution appointing Mississippi Municipal League 2023 Voting Delegates for the City of Biloxi. Introduced by Mayor A.M. Gilich, Jr. {*-061323AEXC} ____________B. Resolution authorizing expenditures to Rotary Club of Edgewater in the amount of $199.00 for sponsorship of the Children's Health Fair. Introduced by Mayor A.M. Gilich, Jr. {*-061323BEXC} ____________C. Resolution establishing an Emergency Medical Service District, and for related purposes. Introduced by Mayor A.M. Gilich, Jr. {*-061323AFD} ____________D. Resolution to approve and authorize the lowest and best quote received to Furnish and Install a Flashing Light Traffic Warning System for the Veterans Avenue Fire Station from Lamey Electric in the total amount of $46,800.56. Funding: Public Works Budget. Introduced by Mayor A.M. Gilich, Jr. {*-061323APUR} ____________E. Resolution to approve the Emergency Repair of the Wash Fayard Bridge by Gulf Breeze Construction in the total amount of $31,400.00. Funding: Engineering Budget. Introduced by Mayor A.M. Gilich, Jr. {*-061323BPUR} ____________F. Resolution to Declare Fire Apparatus E-11 Surplus and to Sell to the City of Greenville in the total amount of $25,000.00. Introduced by Mayor A.M. Gilich, Jr. {*-061323CPUR} ____________G. Resolution authorizing an administrative adjustment to just compensation, as established by prior resolution in connection with property acquisition for Capital Project No. 913: Popps Ferry Extension. Introduced by Mayor A.M. Gilich, Jr. {*-061323ACON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  June 13, 2023 Page |4 5. CONSENT AGENDA-Continued ____________H. Resolution creating Capital Project No. 1105: Popps Ferry Recreational Lights and amending the municipal budget for fiscal year ending September 30, 2023 to provide funding for said project. Introduced by Mayor A.M. Gilich, Jr. {*-061323BCON} ____________I. Resolution authorizing entry into an Agreement for Low-Income Housing Rehabilitation with Back Bay Mission. Introduced by Mayor A.M. Gilich, Jr. {*-061323CCON} ____________J. Resolution authorizing Change Order No. Two (2) to Construction Agreement with Gulf Coast Solutions, LLC for Capital Project No. 1078: Shriners Blvd Water/Sewer Extension. Introduced by Mayor A.M. Gilich, Jr. {*-061323DCON} ____________K. Resolution authorizing entry into 2023 Management Agreement between the City of Biloxi and Ohr-O'Keefe Museum of Art, Inc. Introduced by Mayor A.M. Gilich, Jr. {*-061323ECON} ____________L. Resolution authorizing Change Order No. Sixteen (16) to the Construction Agreement with Necaise Brothers Construction Company, Inc. for the Hurricane Katrina Infrastructure Repair Program, South Contract, Areas BEA2 and BEA3 (Project Nos. KG630 and K7112). Introduced by Mayor A.M. Gilich, Jr. {*-061323FCON} ____________M. Resolution declaring real property (Tax Parcel 1410F-02-101.000) to be surplus and authorizing the sale thereof pursuant to §57-7-1 of Miss. Code Ann. (1972), as amended, and for related purposes. Introduced by Mayor A.M. Gilich, Jr. {*-061323GCON} ____________N. Resolution authorizing entry into Option Agreement with Main Street Building, LLC, to purchase certain land owned (Tax Parcel 1410F-02- 101.000) by the City of Biloxi and for related purposes. Introduced by Mayor A.M. Gilich, Jr. {*-061323HCON} ____________O. Resolution declaring real property (Old Water Department) to be surplus and authorizing the sale thereof pursuant to §21-17-1 of Miss. Code Ann. (1972), as amended, and for related purposes. Introduced by Mayor A.M. Gilich, Jr. {*-061323ICON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  June 13, 2023 Page |5 5. CONSENT AGENDA-Continued ____________P. Resolution authorizing entry into Option Agreement with Main Street Building, LLC, to purchase certain land owned (Old Water Department) by the City of Biloxi and for related purposes. Introduced by Mayor A.M. Gilich, Jr. {*-061323JCON} ____________Q. Resolution authorizing entry into Agreement with Seymour Engineering, PLLC for Capital Project No. 1056: Sediment Removal. Introduced by Mayor A.M. Gilich, Jr. {*-061323KCON} ____________R. Resolution approving payment of Final Pay Application No. Twenty-Nine (29) for Blackline Corporation in connection with Capital Project No. 997: Saenger Theatre Exterior Repairs. Introduced by Mayor A.M. Gilich, Jr. {*-061323LCON} ____________S. Resolution creating Capital Project No. 1106: Woolmarket EV Charging Station, accepting Guaranty of grant matching funds and amending the municipal budget for fiscal year ending September 30, 2023 to provide funding for said project. Introduced by Mayor A.M. Gilich, Jr. {*-061323MCON} ____________T. Resolution authorizing submission of a Charging and Fueling Infrastructure grant application to the U. S. Department of Transportation in connection with Capital Project No. 1106: Woolmarket EV Charging Station. Introduced by Mayor A.M. Gilich, Jr. {*-061323NCON} 6. CODE ENFORCEMENT HEARINGS ____________A. Christian Centifanto, et al., 1209J-01-022.000/692 Michelle Drive ____________B. Elizabeth S. Morton, 1310I-01-054.000/166 Gill Avenue ____________C. Thi D. Nguyen, 1410I-06-093.000/408 Howard Avenue ____________D. James Hayward Pollard Jr., 1410G-03-100.000/211 Keller Avenue ____________E. Sang VanTran, 1410G-02-016.000/211 Dorries Street ____________7. ROUTINE AGENDA {*-061323RTN} SECTION ONE: To adjudicate the following parcels a menace to the public health and safety of the community: A. CITY PARCEL NO.: 1207O-01-027.000 OWNED BY: Richard Dowling DATE OF HEARING: June 6, 2023 {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  June 13, 2023 Page |6 7. ROUTINE AGENDA-Continued B. CITY PARCEL NO.: 1209B-01-014.021 OWNED BY: E.T. Properties, LLC DATE OF HEARING: June 6, 2023 C. CITY PARCEL NO.: 1108J-01-001.032 OWNED BY: Mathew Hutchinson DATE OF HEARING: June 6, 2023 D. CITY PARCEL NO.: 1110H-02-004.000 OWNED BY: Robert P. & Cheryl Sexton - EST DATE OF HEARING: June 6, 2023 SECTION TWO: To authorize approval of the claims listed on the docket of claims No. 2023I-03, in the amount of $993,189.78, attached as Exhibit "A" and to authorize the Mayor and/or Municipal Clerk to pay said claims. SECTION THREE: To authorize approval of claims listed on the docket of claims No.05- 2023, in the amount of $5,672,062.61, attached as Exhibit "B" and to authorize the Mayor and/or Municipal Clerk to pay said claims. SECTION FOUR: 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.