Regular City Council Meeting

333 REGULAR CITY COUNCIL MEETING MUNICIPAL MINUTES CITY OF TUPELO STATE OF MISSISSIPPI JANUARY 05, 2021 Be it remembered that a regular meeting of the Tupelo City Council was held in the Council Chambers in the City Hall building on Tuesday, January 5. 2021, at 6:00 p.m. with the following in attendance: Council members Markel Whittington, Lynn Bryan, Travis Beard, Nettie Davis, Buddy Palmer, and Mike Bryan; Attorney Ben Logan and Missy Shelton, Clerk of the Council. Councilman Willie Jennings attended by ZOOM. Councilman Buddy Palmer invited Police Officer, Robert Cook to give the invocation. Councilman Mike Bryan led the pledge of allegiance. President Mike Bryan called the meeting to order at 6:00 PM. CONFIRMATION OR AMENDMENT TO THE AGENDA AND AGENDA ORDER Councilman Palmer moved, seconded by Councilman Whittington, to confirm the agenda and agenda order as presented. The vote was unanimous in favor. PROCLAMATIONS, RECOGNITIONS AND REPORTS AGENDA Councilwoman Nettie Davis, wished everyone a Happy New Year and extended her hope for blessings and strength to all. She congratulated Reverend Richard Price and his wife on the birth of their baby girl. Councilman Willie Jennings offered his thanks for 2021 and asked all to continue to stay safe, as the pandemic seems to be getting worse. MAYOR'S REMARKS Mayor Shelton said it seems that we are beginning to see the light at the end of the tunnel concerning COVID-19 as the vaccinations have begun. The National Guard and others are distributing and assisting with the vaccinations, as needed. He feels that we are in the worst of the worst part of the pandemic, with the emergency rooms being used for patients who can't get a room. He asks for everyone to continue to wear masks, social distance, and follow the safety protocols set by the CDC guidelines, and both the State and Local mandates. He wished everyone a Happy New Year. The celebration of 2021 is nothing like 2020's celebration, and asked that the Council continue to support the New Year's celebrations in 2022 and beyond. The Dr. Martin Luther King celebration will be different this year, but is still considered the largest in Mississippi. He asked that all support and participate in the celebration, if possible. January 18-19 will be the National Day of Service.  334 IN THE MATTER OF PUBLIC HEARING FOR REZONING No one appeared to speak at this Public Hearing. IN THE MATTER OF DEMOLITION 1204 Hilda Avenue Andy Portillo spoke to the Council concerning the possible demolition of the structure located at 1204 Hilda Avenue. 1410 Forrest Street No one appeared to speak. 571 N Church Street No one appeared to speak. IN THE MATTER OF ORDINANCE REZONING PROPERTY AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TUPELO, MISSISSIPPI This item was tabled at the December 1, 2020 Council meeting and a Public Hearing was held earlier in tonight's meeting. Councilman L Bryan moved, seconded by Councilman Whittington, to approve the Ordinance Rezoning Property and Amending the Official Zoning Map of the City of Tupelo, Mississippi. Pat Falkner, Director of Development Services, addressed the Council with a request to rezone the property located at 2030 South Veterans Memorial Drive from industrial to mixed use residential. The Planning Committee unanimously approved the request at a prior meeting. Red Oak Church purchased this property, located across the street from their current location, and wishes to expand their after school program to this location. The vote was unanimous in favor of the Resolution. APPENDIX A IN THE MATTER OF MINUTES OF REGULAR CITY COUNCIL MEETING ON DECEMBER 15, 2020 Councilman Beard moved, seconded by Councilwoman Davis, to approve the minutes of the regular Council meeting dated December 15, 2020. The vote was unanimous in favor. IN THE MATTER OF BILL PAY Bills were reviewed at 4:00 p.m. by Council members: Travis Beard, Markel Whittington, and Buddy Palmer; and Accounts Payable Clerk Traci Dillard. Councilman Whittington moved, seconded by Councilman Palmer, to approve the payment of the checks, bills, claims and utility adjustments. The vote was unanimous in favor. APPENDIX B IN THE MATTER OF ADVERTISING AND PROMOTIONAL ITEMS  335 Councilwoman Davis moved, seconded by Councilman Palmer, to approve the advertising and promotional expense list, as submitted. The vote was unanimous in favor. APPENDIX C IN THE MATTER OF ELECTION PAY FOR DEPUTY CLERK City Clerk/CFO, Kim Hanna addressed the Council with the request to pass a Resolution Providing for the Deputy City Clerk to Act as the Election Registrar and to Provide Compensation for Such Duties. Councilman Beard moved, seconded by Councilman Whittington, to approve the Resolution. The vote was unanimous in favor. APPENDIX D IN THE MATTER OF RESOLUTION FOR POLL WORKER COMP City Clerk/CFO Kim Hanna asked that the Council approve A Resolution Establishing Compensation for Election Commissioners, Poll Workers, Poll Managers, Resolution Board Members and Other Election Workers in the 2021 Municipal, Special, Primary and General Elections. Councilman Beard moved, seconded by Councilman Palmer, to approve the Resolution. The vote was unanimous in favor. APPENDIX E IN THE MATTER OF REAPPOINTMENT OF GEORGE TAYLOR TO TUPELO HOUSING AUTHORITY BOARD OF COMMISSIONERS Councilman Whittington moved, seconded by Councilman Palmer, to reappoint George Taylor to the Tupelo Housing Authority Board of Commissioners. After a brief discussion, the vote was unanimous in favor. APPENDIX F IN THE MATTER OF APPOINTMENT OF ORLANDO IVY TO POLICE ADVISORY BOARD Councilman Palmer moved, seconded by Councilman Jennings, to appoint Orlando Ivy to the Police Advisory Board in the at-large position. The vote was as follows: Markel Whittington AYE Lynn Bryan AYE Travis Beard AYE Nettie Davis AYE Buddy Palmer AYE Mike Bryan NAY Willie Jennings AYE APPENDIX G IN THE MATTER OF APPOINTMENT OF STEVE MCALILLY TO THE TUPELO AIRPORT AUTHORITY BOARD Councilwoman Davis moved, seconded by Councilman Beard, to appoint Steve McAlilly to the Tupelo Airport Authority Board. The vote was unanimous in favor. APPENDIX H IN THE MATTER OF SURPLUS K9 APPOLLO FOR RETIREMENT  336 Police Chief Aguirre submitted a request to the City Council to retire K9 Appollo. Councilman Palmer moved, seconded by Councilman Whittington, to approve the request and retire K9 Appollo from the Tupelo Police Department, with all further care and cost belonging to his Handler. The vote was unanimous in favor. APPENDIX I IN THE MATTER OF SURPLUS K9 EDGE FOR RETIREMENT Police Chief Aguirre submitted a request to the City Council to retire K9 Edge. Councilman Bryan moved, seconded by Councilman Whittington, to approve the request and retire K9 Edge from the Tupelo Police Department, with all further care and cost belonging to his Handler. The vote was unanimous in favor. APPENDIX J IN THE MATTER OF PLANNING COMMITTEE MINUTES FOR DECEMBER 21, 2020 Councilman Palmer moved, seconded by Councilwoman Davis, to approve the December 21, 2020, Minutes of the Planning Committee. The vote was unanimous in favor. APPENDIX K IN THE MATTER OF DEMOLITION Donna Jarrell, Development Services, presented a list of structures that should be considered for demolition. After a brief explanation of each property, Councilman Jennings moved, seconded by Councilman Whittington, to approve the list for demolition, as presented. The vote was unanimous in favor. APPENDIX L IN THE MATTER OF CHANGE ORDER #3 FAIRPARK PHASE IV BID 2020-14FP Debbie Brangenberg, DTMSA Director, requested that Change Order #3 for the Fairpark Phase IV Bid 2020-014FP be approved. The change order request is for a time extension due to the delay of delivery for the street lamps. There is no monetary change. Councilman Whittington moved, seconded by Councilman Jennings to approve the change order. The vote was unanimous in favor. APPENDIX M IN THE MATTER OF MOA MISSISSIPPI MAIN STREET Councilman Whittington moved, seconded by Councilman L Bryan to approve a 2021 Memorandum of Agreement for continuation in the Mississippi Main Street Association Main Street Program. This agreement is entered into and executed by the Mississippi Main Street Association, the City of Tupelo and sponsoring organization, Downtown Tupelo Main Street, for the purpose of continued participation in the Mississippi Main Street Program. The vote was unanimous in favor. A copy of the Agreement is attached to these minutes as APPENDIX N. ADJOURNMENT With no further business to come before the City Council at this time, Councilman Whittington moved, seconded by Councilman Palmer, to adjourn the meeting at 6:34 p.m. The vote was unanimous in favor. This the 5th day of January 2021.  338 AGENDA REQUEST TO: Mayor and City Council FROM: Pat Falkner, Director, Development Services DATE December 18, 2020 SUBJECT: IN THE MATTER OF REVIEW/APPROVE/DENY ORDINANCE AMENDING THE OFFICIAL ZONING MAP Request: The Planning Committee recommended approval of a request to rezone 2030 South Veterans Memorial Drive from Industrial to Mixed Use Residential. The ordinance amending the zoning map is attached. This item was tabled at the December 1, 2020 Council meeting. APPENDIX A  339 APPENDIX A  340 APPENDIX A  341 CHECK INFORMATION FOR COUNCIL MEETING January 5, 2021 FUND CHECK NUMBERS POOL CASH 398905-399176 EFT 50000903-50000916 TWL ADJUSTMENTS ELECTRONIC TRANSFERS AS SHOWN ON THE FACE OF DOCKET INVOICES AS SHOWN ON FACE OF DOCKET APPENDIX B  342 AGENDA REQUEST TO: Mayor and City Council FROM: Kim Hanna, CFO DATE January 5, 2021 SUBJECT: IN THE MATTER OF ADVERTISING AND PROMOTIONAL ITEMS KH Request: The proposed item for approval is for the purpose of advertising and bringing into favorable notice the opportunities, possibilities and resources of the City of Tupelo. ITEMS: Lee County Courier $255 Christmas ad Committee For the King $2,000 MLK Event Sponsorship APPENDIX C  343 APPENDIX D  344 APPENDIX D  345 APPENDIX E  346 APPENDIX E  347 APPENDIX E  348 APPENDIX F  349 APPENDIX F  350 APPENDIX G  351 APPENDIX G  352 AGENDA REQUEST TO: Mayor and City Council FROM: Jason L. Shelton, Mayor DATE January 5, 2021 SUBJECT: IN THE MATTER OF APPOINTMENT OF STEVE MCALILLY TO THE TUPELO AIRPORT AUTHORITY BOARD JS NOTE: Bio attached… APPENDIX H  353 STEVE McALILLY President & Chief Executive Officer Mississippi Methodist Senior Services, Inc. Steve McAlilly is the President and Chief Executive Officer of Mississippi Methodist Senior Services, Inc., whose corporate headquarters is Tupelo, MS. Established in 1966, it owns and operates twelve retirement communities in eleven locations in Mississippi, serving over 1,500 residents in its senior living facilities, with 1,000 employees and an annual income of about $65 million. Under his leadership in 2003 Senior Services developed and opened the nation’s first Green House model for long-term care. Steve was selected by the United Methodist Association as its “Administrator of the Year in 2004.” In 2005 he received Otterbein Homes’ “Distinguished Service to Aging Award” for “bringing the Green House model of long term care to the world.” Steve was presented LeadingAge’s “Award of Honor” in 2012. In 2015 he was named Millsaps College’s Distinguished Alumnus of the Year. He also serves as a Director for Caring Communities Insurance Company. Steve was born in Tupelo and has lived in West Point, Fulton, New Albany, and Meridian. A graduate of Millsaps College and the University of Mississippi School of Law he practiced law in Meridian before moving back to Tupelo in 1994 to assume the leadership of MMSS. In addition to serving as the CEO of Mississippi Methodist Senior Services, he serves as the Chair of the Board of Directors of the Center for Innovation, which is the national organization that provides resources and support for organizations developing the Green House Model of long-term care. Steve received his B.S. in History at Millsaps College in 1977 and his Juris Doctor from the University of Mississippi School of Law in 1980. He is an instrument rated private pilot with 3,600 plus hours of flight time. He flies his Cessna Turbo Skylane RG, which is based at Tupelo, for pleasure and business, flying regularly to Mississippi airports, but also to other major airports within 500 miles of Tupelo, such as Dallas, Chicago, Orlando, Washington, D.C., Nashville, New Orleans, Memphis, Birmingham and Atlanta. APPENDIX H  354 AGENDA REQUEST TO: Mayor and City Council FROM: Bart Aguirre, Chief DATE December 9, 2020 SUBJECT: IN THE MATTER OF SURPLUS K9 FOR RETIREMENT BA Request: Please accept this letter of request to surplus for Retirement, K9 Appollo. Appollo will be with his handler. APPENDIX I  355 APPENDIX I  356 AGENDA REQUEST TO: Mayor and City Council FROM: Bart Aguirre, Chief DATE December 9, 2020 SUBJECT: IN THE MATTER OF SURPLUS K9 FOR RETIREMENT BA Request: Please accept this letter of request to surplus for Retirement, K9 Edge. Edge will be with his handler. APPENDIX J  357 APPENDIX J  358 MINUTES OF THE TUPELO PLANNING COMMITTEE December 21, 2020 CALL TO ORDER Chairperson Ms. Leslie Mart called the meeting to order. She asked Ms. Pam Hadley to open with a prayer and Mr. Lindsay Leake to lead the pledge of allegiance. Ms. Patti Thompson, Mr. Scott Davis and Development Services staff members Pat Falkner and Marilyn Vail were in person. Ms. Mart, Mr. Jimmy Swann, Ms. Pam Hadley, and Mr. Lindsey Leake were present using Zoom. REVIEW OF DECEMBER 7, 2020 MINUTES Chairperson Mart asked the group if they had reviewed the minutes of the last meeting. Mr. Davis made a motion to approve the minutes as written and Ms. Thompson seconded. The motion carried and the minutes were approved. REPORT ON COUNCIL ACTIONS Mr. Falkner reported that the rezoning approved in November will have its final public hearing and vote before the Council on January 5, 2020. The actions from December 7 will be submitted for that date as well. NEW BUSINESS  FLEXVAR20-09: Application from Adelina Mateo Juan to allow on premises consumption of beer at 2307-B West Main Street, less than the required 100 foot separation from a protected building. Ms. Mateo appeared and stated that she was opening a new restaurant in the space where a restaurant had been operating previously, and that she needed to be able to serve beer in order for the business to be financially viable. Mr. Falkner explained that the separation distance had been measured from the back wall of the restaurant space to the wall of the residence at 110 South Foster. He noted that there had not been any comments from the public on the application, only one person with a question. Ms. Mart asked if there would be any outdoor dining or music. Ms. Mateo answered that there would not be due to the limited parking area available. Ms. Mart asked about the number of people the restaurant could hold. Ms. Mateo said that there would be three employees. APPENDIX K  359 Mrs. Thompson said that she would be willing to approve the request if it could be reviewed in a year. Mr. Davis made a motion to that effect, with the condition stated that if there were no complaints or objections within the year, the approval would become permanent without further review. Mrs. Thompson seconded the motion which was passed unanimously.  RZ 20-02: Application from Ms. JoAnn Box to extend the Mixed Use Commercial Zoning onto two adjacent lots, Parcels 077R-36-126-00 and 077R-36-126-01, formally recognized as 109 and 113 South Lawndale. Ms. Margaret Ann Kennedy represented the application on behalf of her mother Ms. Box, the owner of the property. Participation by Zoom, Ms. Kennedy explained that her mother owned the adjoining property at the corner of West Main Street and Lawndale, which is already zoned MUCC. She has a contract for sale of the property contingent on rezoning the additional lots on Lawndale. The potential purchaser has plans to develop a convenience store on the site, for which the property currently zoned MUCC is not large enough. Mr. Falkner explained that the applicant had submitted a preliminary site plan which showed a landscape buffer designed to meet the city’s requirement for commercial projects adjoining residential property. He noted that civil plans were not available yet, and the design of the buffer would need to take into account the likelihood of a retaining wall along the south and east sides of the property. Committee members asked about the dimensions of the buffer, the height and placement of the fence, and the materials to be used for the fence. Mr. Swann stated that he was familiar with the area which has been dormant and would benefit from new development. Ms. Thompson asked if conditions could be placed on the action. Ms. Mart noted for the record that the project would have to meet code requirements for the landscape buffer, with the stipulation that landscaping be provided outside the retaining wall that would be above the height of the wall. Ms. Thompson made a motion to approve the application with that condition. Ms. Hadley seconded the motion which passed unanimously.  FLEXVAR20-08: Application from Michael Carter / CLRS, LLC to allow construction of a building addition with a five-foot setback rather than the required ten-foot setback. This item remained on the table. APPENDIX K  360 Ms. Mart asked if there were any applications pending for January. Mr. Falkner replied that there were not. The Committee adjourned the meeting. APPENDIX K  361 AGENDA REQUEST TO: Mayor and City Council FROM: Pat Falkner, Department of Development Services Director (DJ) DATE December 29, 2020 SUBJECT: IN THE MATTER OF DEMOLITION Request that the following properties be considered for demolition: 1204 Hilda Ave. 1410 Forrest St. 571 N. Church St. APPENDIX L  362 Demolition List for 1/5/21 City Council Meeting 1204 HILDA AVE. 1410 FORREST ST. 571 N. CHURCH ST. APPENDIX L  363 1204 Hilda Ave. BASIC INFORMATION  PARCEL: 089B-30-143-00  CASE : 29599  WARD: 4  TAX VALUE: $24,260  VACANT: YES  REPAIRABLE: POSSIBLY NEARBY PROPERTIES/ TAXES Right side 1202 Hilda $58,890 Left side 1206 Hilda $55,440 Rear n/a Across street 1195 Hilda $59,910 TAXES/LIENS Taxes – current No city liens VISUAL INDICATORS OF BLIGHT  STRUCTURAL DAMAGE OR FAILURE - YES  EXTERIOR MATERIALS IN NEED OF REPLACEMENT OR REPAIR – YES  BROKEN WINDOWS\DAMAGED DOORS – NO  YARD OR GROUNDS POORLY MAINTAINED – NO  ACCUMULATION OF JUNK - NO CODE ENFORCEMENT HISTORY  14 PRIOR VIOLATIONS  CURRENT STATUS –OPEN - CHAP 34  BUILDING PERMIT WAS ISSUED IN JANUARY 2020 BUT REVOKED DUE TO INADEQUATE WORK AND LACK OF PROGRESS APPENDIX L  364 1204 Hilda Ave. APPENDIX L  365 1204 Hilda Ave. APPENDIX L  366 1204 Hilda Ave. APPENDIX L  367 1204 Hilda Ave. APPENDIX L  368 1410 Forrest St. BASIC INFORMATION  PARCEL: 077L-36-108-00  CASE : 30142  WARD: 4  TAX VALUE: $35,980  VACANT: YES (RENTAL)  REPAIRABLE: POSSIBLY NEARBY PROPERTIES/ TAXES Right side 1408 Forrest St $41,540 Left side 1414 Forrest St $38,470 Rear n/a Across street 1411 Forrest St $40,710 TAXES/LIENS - Taxes – current No city liens VISUAL INDICATORS OF BLIGHT  STRUCTURAL DAMAGE OR FAILURE - YES  EXTERIOR MATERIALS IN NEED OF REPLACEMENT OR REPAIR – YES  BROKEN WINDOWS\DAMAGED DOORS – NO  YARD OR GROUNDS POORLY MAINTAINED – NO  ACCUMULATION OF JUNK – NO CODE ENFORCEMENT HISTORY  13 PRIOR VIOLATIONS  CURRENT STATUS – OPEN- CHAP 34 CASE APPENDIX L  369 1410 Forrest St. APPENDIX L  370 APPENDIX L  371 1410 Forrest St. APPENDIX L  372 1410 Forrest St. APPENDIX L  373 1410 Forrest St. APPENDIX L  374 571 N. Church St. BASIC INFORMATION  PARCEL: 089F-30-125-00  CASE: 32590  WARD: 4  TAX VALUE: $16,660  VACANT: YES  REPAIRABLE: POSSIBLY NEARBY PROPERTIES/ TAXES  Right side n/a  Left side n/a  Rear n/a  Across street 570 N. Church St. $29,070 TAXES/LIENS - Taxes – Current No city liens VISUAL INDICATORS OF BLIGHT  STRUCTURAL DAMAGE OR FAILURE- YES  EXTERIOR MATERIALS IN NEED OF REPLACEMENT OR REPAIR – YES  BROKEN WINDOWS\DAMAGED DOORS – NO  YARD OR GROUNDS POORLY MAINTAINED – NO  ACCUMULATION OF JUNK - YES CODE ENFORCEMENT HISTORY  5 PRIOR VIOLATIONS  CURRENT STATUS – 2 OPEN CASES - CHAPTER 34 & RENTAL  ESTATE OWNED PROPERTY THAT HAS NOT BEEN MAINTAINED FOR SEVERAL YEARS APPENDIX L  375 571 N. Church St. APPENDIX L  376 571 N. Church St. APPENDIX L  377 AGENDA REQUEST TO: Mayor and City Council FROM: Debbie Brangenberg, TRA Project Manager DATE December 28, 2020 SUBJECT: IN THE MATTER OF CHANGE ORDER #3 FAIRPARK PHASE IV Request: Change Order #3 - Cook and Son Fairpark Phase IV time extension. APPENDIX M  378 APPENDIX M  379 APPENDIX M  380 APPENDIX M DocuSign Envelope ID: 4539C7C1-A225-4320-AE8E-ED76DFF9DBE7 381 2021 MEMORANDUM OF AGREEMENT FOR CONTINUATION AS A MISSISSIPPI MAIN STREET ASSOCIATION DESIGNATED COMMUNITY Downtown Tupelo Main Street Association SECTION I. MMSA AGREES TO: APPENDIX N DocuSign Envelope ID: 4539C7C1-A225-4320-AE8E-ED76DFF9DBE7 382 APPENDIX N DocuSign Envelope ID: 4539C7C1-A225-4320-AE8E-ED76DFF9DBE7 383 SECTION II. THE LOCAL PROGRAM AGREES TO: APPENDIX N DocuSign Envelope ID: 4539C7C1-A225-4320-AE8E-ED76DFF9DBE7 384 • • • • • • • APPENDIX N DocuSign Envelope ID: 4539C7C1-A225-4320-AE8E-ED76DFF9DBE7 385 SECTION III. MMSA AND THE LOCAL PROGRAM JOINTLY AGREE THAT: APPENDIX N 


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