City Council Revised Agenda for Tuesday May 16, 2023

Click here for Special Meetings and REVISED AGENDA Previous Agendas BILOXI CITY COUNCIL MEETING Tuesday, May 16, 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. P UBLIC AGENDA Citizens Comments-(Total allotted time 45 minutes) 4. POLICY AGENDA ORDINANCES (First Reading) Second reading A. Ordinance to amend the Code of Ordinances Chapter 12, Article IV Parades. SUBSTITUTE Introduced by Mayor A.M. Gilich, Jr. Tabled subject to call {*-051623CLEG} Second reading B. Ordinance to amend the Code of Ordinances Section 2-14-5 (B) Other Tabled subject to call Conditions pertaining to Municipal Facilities. Introduced by Mayor A.M. Gilich, Jr. {*-051623DLEG} Second reading C. Ordinance to amend the Code of Ordinances Chapter 12 Article XII Mobile SUBSTITUTE Food Vending. Introduced by Mayor A.M. Gilich, Jr. Tabled subject to call {*-051623ELEG} Second reading D. Ordinance to amend the Land Development Ordinance Article 23-4-3 Tabled subject to call (D)(10)c pertaining to Recreational Vehicle Park. Introduced by Mayor A.M. Gilich, Jr. {*-051623FLEG} Second reading E. Ordinance to amend Land Development Ordinance Article 23-4-4 (C) (22) SUBSTITUTE pertaining to Storage or Parking of Heavy Trucks, Trailers, Major Tabled subject to call Recreational Equipment, or Mobile Homes. Introduced by Mayor A.M. Gilich, Jr. {*-051623GLEG} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  May 16, 2023 Page |2 4. POLICY AGENDA-Continued Second reading F. Ordinance to amend Land Development Ordinance Article 23-4-5 (G) Tabled subject to call pertaining to Special Events. Introduced by Mayor A.M. Gilich, Jr. {*-051623HLEG} RESOLUTIONS 322-23 G. Resolution to grant Preliminary Subdivision Re-Plat of lots 1, 3, 4 & 10 of Petit Bois Phase IV Subdivision and a PD-R: Planned Development Residential District Master Plan, for construction of sixty-two (62) town- home lots, and two (2) commercial lots, under the working title: Petit Bois Cove Town-homes, for properties presently identified as 0, 2678, 2684, & 2685 Rue Palafox. Case No. 23-015, PFP Properties, LLC (owner) and Freddie Fountain on behalf of Fountain & Associates (applicant). Submitted by the Planning Commission. {*-051623APC} Ward 5 323-23 H. Resolution granting Conditional Use Approval, to authorize the establishment of a Short-Term Rental within an existing Single-Family Residence, upon a property site situated in an NB Neighborhood Business zone, and identified by municipal address 143 Keller Avenue (i.e., Tax Parcel No. 1410J-04-028.000). Case No. 23-020, Greg Knapp and Deborah Bolin. Submitted by the Planning Commission. {*-051623BPC} Ward 1 324-23 I. Resolution granting Minor Subdivision Final Plat approval for a property site currently identified as 282 Lameuse Street (Tax Parcel No. 1410F-03- 044.001). Case No. 23-043, City of Biloxi. Introduced by Mayor A.M. Gilich, Jr. {*-051623CPC} Ward 2 5. CONSENT AGENDA 325-23 A. Resolution authorizing expenditures to Gulf Coast Symphony Orchestra Inc. in the amount of $500.00. Introduced by Mayor A.M. Gilich, Jr. {*-051623AEXC} 326-23 B. Resolution authorizing an expenditure to the 2023 Tunnel to Towers 5K Run & Climb in the amount of $5,000.00. Introduced by Mayor A.M. Gilich, Jr. {*-051623BEXC} 327-23 C. Resolution authorizing execution of Release of Shelter Mutual Insurance Company and its insurers regarding repayment of the City's medical lien. Introduced by Mayor A.M. Gilich, Jr. {*-051623ALEG} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  May 16, 2023 Page |3 5. CONSENT AGENDA-Continued 328-23 D. Resolution authorizing settlement of claim by State Farm, Benjamin Nelson and Cathy Nelson. Introduced by Mayor A.M. Gilich, Jr. {*-051623BLEG} 329-23 E. Resolution authorizing submission of grant applications to Walmart (Store No. 6849, Store No. 4586, and Store No. 1088) by the City of Biloxi Police Department in the amount of $1,000 from each store, to be used for costs associated with ceremonies for Biloxi Police Department. Introduced by Mayor A.M. Gilich, Jr. {*-051623APD} 330-23 F. Resolution authorizing submission of a grant application to the Patrick Leahy Bulletproof Vest partnership through Bureau of Justice Assistance for the fiscal year of 2023. Introduced by Mayor A.M. Gilich, Jr. {*-051623BPD} 331-23 G. Resolution amending the police department budget for the fiscal year ending September 30, 2023, recognizing surplus funds received from Property Room in the amount $2,927.86. Introduced by Mayor A.M. Gilich, Jr. {*-051623CPD} 332-23 H. Resolution amending the police department budget for fiscal year ending September 30, 2023, authorizing use of State Drug Forfeiture Funds for training equipment at Van Hook building, in the amount of $11,360.83. Introduced by Mayor A.M. Gilich, Jr. {*-051623DPD} 333-23 I. Resolution amending the Utility Maintenance Department Budget for the fiscal year ending September 30, 2023, to transfer appropriations from water sewer fund balance in the amount of $200,000.00 for Chemicals. Introduced by Mayor A.M. Gilich, Jr. {*-051623APW} 334-23 J. Resolution authorizing Task Order Amendment 6 to Master Services Agreement for Professional Services with WGK, Inc. for the Hurricane Katrina Infrastructure Repair Program, Area ROD9 (KG631 and K7112). Introduced by Mayor A.M. Gilich, Jr. {*-051623ACON} 335-23 K. Resolution to repay the Economic Development Security Fund for Downtown Housing Incentive Grants with revenue received from increased property taxes and amending the municipal budget for fiscal year ending September 30, 2023. Introduced by Mayor A.M. Gilich, Jr. {*-051623BCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  May 16, 2023 Page |4 5. CONSENT AGENDA-Continued 336-23 L. Resolution accepting responsibility for lighting on the Biloxi Bay Bridge that is within Biloxi city limits, pursuant to Memorandum of Agreement Biloxi Bay Bridge Lighting and Landscape Area with the Mississippi Transportation Commission, acting by and through the Mississippi Department of Transportation, and the City of Ocean Springs, Mississippi. Introduced by Mayor A.M. Gilich, Jr. {*-051623CCON} 337-23 M. Resolution authorizing Change Order No. Five B (5B) to Standard Form of Agreement with Hopkins Construction and Maintenance, LLC for Capital Project No. 1045: Biloxi Visitor Center Renovations. Introduced by Mayor A.M. Gilich, Jr. {*-051623DCON} 338-23 N. Resolution authorizing Change Order No. Five A (5A) to Standard Form of Agreement with Hopkins Construction and Maintenance, LLC for Zeta Project No. ZB001: Lighthouse Visitors Center Repair. Introduced by Mayor A.M. Gilich, Jr. {*-051623ECON} 339-23 O. Resolution accepting grant award from Mississippi Department of Environmental Quality and amending the municipal budget for fiscal year ending September 30, 2023, to recognize grant funds into the budget established for Capital Project No. 1079: Bay Vista Water Well. Introduced by Mayor A.M. Gilich, Jr. {*-051623FCON} 340-23 P. Resolution accepting grant award from Mississippi Department of Environmental Quality and amending the municipal budget for fiscal year ending September 30, 2023, to recognize grant funds into the budget established for Capital Project No. 1047: Tanglewood Infrastructure Repair. Introduced by Mayor A.M. Gilich, Jr. {*-051623GCON} 341-23 Q. Resolution renewing Support Agreement with Mitchell1, Inc. for Shopkey Pro Demand software utilized by the Police Department in connection with automotive diagnostics. Introduced by Mayor A.M. Gilich, Jr. {*-051623HCON} 342-23 R. Resolution authorizing Amendment 1 to Task Order No. 1 to Master Services Agreement for professional services with Neel-Schaffer, Inc. for the Hurricane Katrina Infrastructure Repair Program. Introduced by Mayor A.M. Gilich, Jr. {*-051623ICON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  May 16, 2023 Page |5 5. CONSENT AGENDA-Continued 343-23 S. Resolution authorizing Change Order No. Four (4) to Construction Agreement with Andercorp, LLC for Capital Project No. 1024: Point Cadet Marina Improvements (West). Introduced by Mayor A.M. Gilich, Jr. {*-051623JCON} 344-23 T. Resolution authorizing Change Order No. One (1) to Construction Agreement with Gulf Coast Solutions, LLC for Capital Project No. 1078: Shriners Blvd Water/Sewer Extension and amending the municipal budget for fiscal year ending September 30, 2023. Introduced by Mayor A.M. Gilich, Jr. {*-051623KCON} 345-23 U. Resolution authorizing entry into the First Amendment to Agreement for Property Maintenance by and between the City of Biloxi and JLC Gardens, LLC. Introduced by Mayor A.M. Gilich, Jr. {*-051623LCON} 346-23 V. Resolution amending the municipal budget for fiscal year ending September 30, 2023, to recognize funds received from Harrison County and allocate said funds into the municipal budget for Capital Project No. 1102: Port & Pier Repairs. Introduced by Mayor A.M. Gilich, Jr. {*-051623MCON} 347-23 W. Resolution authorizing entry into Letter Agreement with Pickering Firm, Inc. for Capital Project No. 1046: East Biloxi Recreational Center and amending the municipal budget for fiscal year ending September 30, 2023. Introduced by Mayor A.M. Gilich, Jr. {*-051623NCON} 348-23 X. Resolution authorizing execution of a Right of Entry and Mutual Hold Harmless Agreement with the Knights of Peter Claver for repairs and improvements to John Henry Beck Park and Doris C. Busch Park. Introduced by Mayor A.M. Gilich, Jr. {*-051623OCON} 349-23 Y. Resolution authorizing purchase of Meraki licenses and equipment from Metrix Solutions in connection with the City's computer network. Introduced by Mayor A.M. Gilich, Jr. {*-051623PCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  May 16, 2023 Page |6 5. CONSENT AGENDA-Continued 350-23 Z. Resolution amending the municipal budget for fiscal year ending September 30, 2023, to recognize interest earned on the General Obligation Bonds, Series 2014 into the budget established for Capital Project No. 1048: Ward 4 Paving. Introduced by Mayor A.M. Gilich, Jr. {*-051623QCON} 351-23 AA. Resolution ratifying submission of a request for funding to the Mississippi Department of Environmental Quality for RESTORE Act funding to be utilized in connection with improvements to the Point Cadet Marina Improvements. Introduced by Mayor A.M. Gilich, Jr. {*-051623RCON} 352-23 BB. Resolution of the Biloxi City Council to prosecute suit for eminent domain in connection with Capital Project No. 913: Popps Ferry Extension. Introduced by Mayor A.M. Gilich, Jr. {*-051623SCON} 353-23 CC. Resolution amending the municipal budget for fiscal year ending September 30, 2023, to provide sufficient funds for the MGM Park Capital Maintenance Restricted Fund. Introduced by Mayor A.M. Gilich, Jr. {*-051623TCON} 354-23 DD. Resolution authorizing the Biloxi Fire Department to apply for grant monies from the Walmart Foundation Grant Program for hiring and recruitment in the amount of up to $2,500.00 with no cost match. Introduced by Mayor A.M. Gilich, Jr. {*-051623AFD} 355-23 EE. Resolution to authorize the lowest and best quote received for one Trailer from Parish Trailer in the total amount of $8,129.00. Funding: Public Works Budget. Introduced by Mayor A.M. Gilich, Jr. {*-051623APUR} 356-23 FF. Resolution to authorize the lowest and best quote received to Replace the Visitors Center Lobby Furniture from Luckies Furniture in the total amount of $6,829.00. Funding: Community Development Budget. Introduced by Mayor A.M. Gilich, Jr. {*-051623BPUR} 357-23 GG. Resolution to approve the purchase of Furniture for use at the Van Hook Building from Office Furniture Solutions in the total amount of $7,806.25, as authorized by State of Mississippi Contract No. 8200062961. Funding: Police Budget via Seized Funds. Introduced by Mayor A.M. Gilich, Jr. {*-051623CPUR} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  May 16, 2023 Page |7 358-23 . Resolution for Executive Session to discuss the sale of property; the purchase of property and pending litigation. {*-051623EXECSESS} 6. CODE ENFORCEMENT HEARINGS 30-day extension A. Barbara S. Alexander & D. Balius III, 1410H-04-058.000/308 Division Street 30-day extension B. Barbara S. Balius, 1410H-04-058.001/303 Oak Street 30-day extension C. Joshua Cook and Danica Paige, 1307N-01-018.002/0 Eden Place Cleared D. Iris S. Minor, 1410J-05-031.000/160 Keller Avenue Cleared E. Addis Nguyen, 1410H-06-048.000/285 Laurel Court Still in violation F. Cleo Pearson, 1410G-06-046.000/275 & 277 Ebony Lane Still in violation G. Principle Development LLC,1310H-04-029.001/1126 Judge Sekul Avenue Cleared H. Noah Saunders Jr., 1510E-01-038.000/316 Williams Street Cleared I. Jasper E. and Denise H. Seale 1110G-03-013.000/315 Rich Avenue Cleared J. Lance A., Heath S. & Chad E. St. Amant, 1410H-04-072.000/345 Oak Street Cleared K. Joshua Thompson, 1307N-01-018.000/5237 Eden Place Cleared L. Binh Xuan Vu C/O Phuong Nguyen, 1410G-06-068.000/610 Esters Boulevard Still in violation M. WTA, Inc. 1510E-01-028.000/0 Pine Street Still in violation N. Michael Scott &Amy Lusich, 1210A-01-030.000/1635 Hollywood Boulevard 30-day extension on April 4, 2023 Still in violation O. Beverly Trahan, est., 1410C-03-085.000/805 Elder Street 30-day extension on February 28, 2023 and 30-day extension on April 4, 2023 359-23 7. ROUTINE AGENDA {*-051623RTN} SECTION ONE: To authorize leave of absence, without pay, for Jason Gruich, Police Department, for one year, from May 10, 2023, through May 9, 2024, under Section 13A-2-9(4) of the Code of Ordinances of the City of Biloxi. SECTION TWO: To authorize approval of the claims listed on the docket of claims No. 2023H-02, in the amount of $4,888,700.60, 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. 04-2023, in the amount of $5,767,408.46 to Payroll, Fringes, Gaming Tax, Court, DOR Tag, and PERS, attached as Exhibit "B". 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.