Regular City Council Meeting

615 REGULAR CITY COUNCIL MEETING MUNICIPAL MINUTES CITY OF TUPELO STATE OF MISSISSIPPI JUNE 07, 2022 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, June 7, 2022, at 6:00 p.m. with the following in attendance: Council Members Chad Mims, Lynn Bryan, Travis Beard, Nettie Davis, Buddy Palmer, Janet Gaston and Rosie Jones; Ben Logan, City Attorney and Missy Shelton, Clerk of the Council. Council Member Travis Beard gave the invocation and Council Member Lynn Bryan introduced Ashton Lovil, who led the pledge of allegiance. Council President Buddy Palmer called the meeting to order at 6:00 p.m. CONFIRMATION OR AMENDMENT TO THE AGENDA AND AGENDA ORDER Council Member Bryan moved, seconded by Council Member Gaston, to confirm the agenda and agenda order, as presented. The vote was unanimous in favor. PROCLAMATIONS Mayor Todd Jordan presented a proclamation to the Tupelo Garden Club to proclaim the week of June 5-11, 2022, as National Garden Week. Following the presentation, Mrs. Doyce Deas addressed the Council about some of the things the Tupelo Garden Club does. APPENDIX A Mayor Jordan presented a proclamation to Katrina Holland, proclaiming June 13, 2022, as Wear It Well Day. APPENDIX B RECOGNITION GIRL/BOY SCOUTS Council Member Lynn Bryan introduced Ashton Lovil, with Troop #85, who is working on his Citizenship in the Community Merit Badge. PUBLIC RECOGNITION Council Member Nettie Davis reminded everyone that the Juneteenth Festival will be held at Gum Tree Park on June 18 and that everyone is welcome and encouraged to attend. Council Member Buddy Palmer told everyone that Elvis week starts this week and that there are several activities planned. MAYOR'S REMARKS Mayor Todd Jordan remarked on the recent Memorial Day service held at Veteran's Park, the Our MS activities over the past weekend and the statewide VFW meeting that was held in Tupelo. He also  616 commented on the Elvis week festivities. He, then, introduced Ms. Kaitlin Costello, Miss All-American City, who will participate in the Miss Mississippi pageant later this month. IN THE MATTER OF PUBLIC HEARING FOR DEMOLTION OF 1015 N. GREEN STREET, 1366 ELVIS PRESLEY DRIVE, AND 205 STEPHEN D. LEE STREET Mr. Renaud Perry, of 1183 Indian Trail, spoke concerning the property located at 1015 N Green Street. Ms. Camie Winstead spoke concerning the property located at 1366 Elvis Presley Drive. No one spoke concerning the property located at 205 Stephen D. Lee Street. IN THE MATTER OF PUBLIC HEARING FOR PROPERTY CLEANING OF 4642 STONEBRIDGE COVE No one spoke concerning this property. IN THE MATTER OF PUBLIC HEARING FOR LOT MOWING No one spoke during the public hearing concerning lot mowings. 105D1505100 3091 MOORE AVE 105D1503500 3064 MOORE AVE 112F0402101 2023-2025 BRIAR RIDGE RD 088N3306000 143 CANAL ST 088N3304700 335 CANAL ST 101B0213200 414 LAKEVIEW DR 101B0213000 418 LAKEVIEW DR 101H0102400 1402 KENNEDY DR 101H0103100 1405 KENNEDY DR 089E3017300 901 N MADISON ST 101C0103700 1205 QUEENSGATE DR 101M1201000 2209 LAWNDALE DR 101M1210704 1111 NIXON DR 101H0110200 1009 CLEVELAND ST 101H0109800 1001 CLEVELAND ST 113T0502200 409 PAYNE ST 113T0501500 PAYNE ST 088A2800700 1792 ELVIS PRESLEY DR 075G1509300 GRACE LN 075G1509400 GRACE LN 075G1509500 GRACE LN 106C1302800 1010 EVELYN DR 106C1310300 1015 EVELYN DR 113B0602200 S GREEN ST 113B0601000 CHESTNUT ST  617 IN THE MATTER OF AN ORDINANCE TO AMEND SECTION 2-30 OF THE CITY OF TUPELO CODE OF ORDINANCES TO STATE THAT A CITIZEN SHALL ONLY BE ALLOWED ONE REQUEST TO SPEAK CONCERNING THE SAME ISSUE OR A SUBSTANTIALLY SIMILAR ISSUE WITHIN ANY THREE (3) MONTH PERIOD Council Member Bryan moved, seconded by Council Member Gaston, to approve the Ordinance concerning the citizen hearing portion of the agenda at Council meetings. The vote was, as follows: Chad Mims, Lynn Bryan, Travis Beard, Nettie Davis, Buddy Palmer and Janet Gaston voted AYE; and Rosie Jones voted NAY. APPENDIX C IN THE MATTER OF MINUTES OF MAY 17, 2022 REGULAR COUNCIL MEETING Council Member Davis moved, seconded by Council Member Bryan, to approve the minutes of the Regular Council meeting held on May 17, 2022. The vote was unanimous in favor. IN THE MATTER OF BILL PAY Bills were reviewed at 4:30 p.m. by Council Members Mims, Beard, Bryan, Davis and Gaston. Council Member Beard moved, seconded by Council Member Mims, to approve the payment of the checks, bills, claims and utility adjustments. The vote was unanimous in favor. APPENDIX D IN THE MATTER OF ADVERTISING AND PROMOTIONAL ITEMS Council Member Bryan moved, seconded by Council Member Mims, to approve the advertisement and promotional items, as presented. The vote was unanimous in favor. APPENDIX E IN THE MATTER OF BUDGET AMENDMENT #7 FOR FY 2022 Council Member Janet Gaston recused herself from the meeting. Council Member Beard moved, seconded by Council Member Gaston, to approve budget amendment #7 for FY 2022. The vote was, as follows: voting AYE - Mims, Bryan, Beard, Davis, Palmer, and Jones. Recused - Gaston. APPENDIX F Council Member Janet Gaston rejoined the meeting. IN THE MATTER OF LOT MOWING Council Member Beard moved, seconded by Council Member Bryan, to adjudicate the following properties on the public hearing lot mowing list, which were in such a condition to be a menace to the public health, safety and welfare of the community and in need of mowing pursuant to Miss. Code Ann. 21-19-11 (1972) as amended. 105D1505100 3091 MOORE AVE 105D1503500 3064 MOORE AVE 112F0402101 2023-2025 BRIAR RIDGE RD 088N3306000 143 CANAL ST  618 088N3304700 335 CANAL ST 101B0213200 414 LAKEVIEW DR 101B0213000 418 LAKEVIEW DR 101H0102400 1402 KENNEDY DR 101H0103100 1405 KENNEDY DR 089E3017300 901 N MADISON ST 101C0103700 1205 QUEENSGATE DR 101M1201000 2209 LAWNDALE DR 101M1210704 1111 NIXON DR 101H0110200 1009 CLEVELAND ST 101H0109800 1001 CLEVELAND ST 113T0502200 409 PAYNE ST 113T0501500 PAYNE ST 088A2800700 1792 ELVIS PRESLEY DR 075G1509300 GRACE LN 075G1509400 GRACE LN 075G1509500 GRACE LN 106C1302800 1010 EVELYN DR 106C1310300 1015 EVELYN DR 113B0602200 S GREEN ST 113B0601000 CHESTNUT ST The vote was unanimous in favor. APPENDIX G IN THE MATTER OF REVIEW/APPROVE CLEANING AND DEBRIS REMOVAL OF 4642 STONEBRIDGE COVE Council Member Beard moved, seconded by Council Member Davis, to adjudicate the following properties on the public hearing clean up list, which were in such a condition to be a menace to the public health, safety and welfare of the community and in need of cleaning and debris removed pursuant to Miss. Code Ann. 21-19-11 (1972) as amended: 4642 Stonebridge Cove The vote was unanimous in favor. APPENDIX H IN THE MATTER OF REVIEW/APPROVE PROPERTIES FOR DEMOLITION Council Member Davis moved, seconded by Council Member Jones, to adjudicate the following properties or parcels of land on the demolition list, which were in such condition to be a menace to the public health, safety and welfare of the community and in need of cleaning, as authorized by Miss. Code § 21-19-11 (1972 as amended): 1015 N. Green St. (Parcel #s 089F-30-010-00 & 089F-30-010-02) 1366 Elvis Presley Dr. (Parcel # 088B-28-011-00) 205 Stephen D. Lee St. (Parcel # 077Q-36-025-00)  619 The vote was unanimous in favor. APPENDIX I IN THE MATTER OF LIEN RESOLUTIONS FOR UNPAID DEMOLITIONS Council Member Beard moved, seconded by Council Member Bryan, to approve a Resolution Adjudicating Cost and Assessing Lien Against Real Property, under Miss. Code Ann. 21-19-11(1972 as amended), for: 206 Rea Street (PARCEL: 089F-30-328-00) 506 E. Jackson Street (PARCEL: 089F-30-120-00) 922 (924) Hadley Street (PARCEL: 112J-09-027-01) 513 ½ Rogers Lane (PARCEL: 089B-30-020-00) 1526 Boggan Drive (PARCEL: 077Q-36-134-00) such properties being previously 1) adjudicated menaces to the public health, safety and welfare of the community and in need of cleaning and 2) cleaned pursuant to Miss. Code Ann. 21-19-11 (1972 as amended). The vote was unanimous in favor. APPENDIX J IN THE MATTER OF APPROVAL OF AMENDED DEVELOPMENT AGREEMENT FOR BUTLER PARK PHASE ONE (TABLED AT MAY 17, 2022 MEETING) Council Member Bryan moved, seconded by Council Member Mims, to take this matter from the table. The vote was unanimous in favor. Council Member Bryan moved, seconded by Council Member Gaston, to approve the Amended Development Agreement for Butler Park Phase One between Butler Park, LLC and the City of Tupelo. The vote was unanimous in favor. APPENDIX K IN THE MATTER OF APPROVAL OF REZONING 22-02 AND AMENDING THE OFFICIAL ZONING MAP (TABLED AT THE MAY 17, 2022 MEETING) Council Member Bryan moved, seconded by Council Member Gaston, to take this matter from the table. The vote was unanimous in favor. Council Member Bryan moved, seconded by Council Member Gaston, to approve the rezoning request from Butler Park, LLC to rezone Parcel # 078-B-28-010-00 from medium density to low density residential. The vote was unanimous in favor. APPENDIX L IN THE MATTER OF APPROVAL OF MAJOR SITE PLAN FOR BUTLER PARK PHASE II (TABLED AT THE MAY 17, 2022 MEETING) Council Member Lynn Bryan moved, seconded by Council Member Davis to remove this item from the table. The vote was unanimous in favor. Council Member Bryan moved, seconded by Council Member Gaston, to approve the Major Site Plan for Butler Park Phase II. The vote was unanimous in favor. APPENDIX M IN THE MATTER OF RATIFICATION OF CONTRACT FOR PROJECT NO. T19-515 EASON BOULEVARD IMPROVEMENTS (VETERANS – BRIAR RIDGE)  620 Council Member Bryan moved, seconded by Council Member Mims, to ratify the contract for Project No. T19-515 Eason Boulevard Improvements (Veterans - Briar Ridge), which was awarded to Cook & Son, LLC, with a total amount of $4,102,161.63 on April 19, 2022. The vote was unanimous in favor. APPENDIX N IN THE MATTER OF APPROVAL OF MAJOR THOROUGHFARE COMMITTEE MEETING MINUTES APRIL 11, 2022 Council Member Davis moved, seconded by Council member Gaston, to approve the April 11, 2022 minutes of the Major Thoroughfare Committee Meeting. The vote was unanimous in favor. APPENDIX O IN THE MATTER OF NMNU REQUEST TO ADD PREVIOUSLY SURPLUSED VEHICLES AND ACCEPT FORFEITED VEHICLES JUNE 2022 Council Member Mims moved, seconded by Council Member Beard, to approve a resolution approving forfeited vehicles for official use by the City of Tupelo and the North MS Narcotics Unit. The list is attached as APPENDIX P. The vote was unanimous in favor. IN THE MATTER OF RESOLUTION RESCINDING COUNCIL ACTION ON MAY 3, 2022 Council Member Gaston moved, seconded by Council Member Beard to approve a resolution rescinding council action on May 5, 2022. The original action surplused seized vehicles that were retained for official use. The vote was unanimous in favor. APPENDIX Q IN THE MATTER OF APPROVAL OF THE TRAFFIC COMMITTEE MINUTES FROM MAY 12, 2022 Council Member Bryan moved, seconded by Council Member Mims, to approve the Traffic Committee minutes of May 12, 2022. The vote was unanimous in favor. APPENDIX R IN THE MATTER OF APPROVAL OF BANCORPSOUTH ARENA MINUTES OF APRIL 18, 2022 Council Member Mims moved, seconded by Council Member Beard, to accept the minutes of the April 18, 2022, meeting of the Bancorpsouth Arena. The vote was unanimous in favor. APPENDIX S IN THE MATTER OF RESOLUTION APPOINTING MISSISSIPPI MUNICIPAL LEAGUE 2022 VOTING DELEGATES FOR THE CITY OF TUPELO, MISSISSIPPI In accordance with the bylaws of the Mississippi Municipal League, Council Member Bryan moved, seconded by Council Member Mims, to approve a Resolution appointing Council Member Davis as the voting delegate and Council Member Beard as the first alternate for the 2022 Mississippi League election to be held at the annual convention on June 28, 2021. The vote was unanimous in favor to approve the Resolution as submitted. APPENDIX T.  622 OFFICE OF THE MAYOR National garden week PROCLAMATION WHEREAS, Gardeners have a passion for nurturing the beauty and resources of the earth through the planting of seeds, the care of all plants and the riches of their efforts; and WHEREAS, Gardeners seek to add beauty, splendor, fragrance and nutrition to our lives through the growing of herbs, vegetables, foliage and flowers; and WHEREAS, Gardeners work to preserve our country’s traditional spirit of independence and initiative through innovation and hard work; and WHEREAS, Gardeners advocate the importance of all creatures, large and small, that share our world and their roles in a balanced and productive ecology; and WHEREAS, Gardening furnishes a challenging and productive activity for our citizens, for those just learning as well as those having years of experience; and WHEREAS, Gardening promotes a healthy lifestyle that lasts a lifetime, helps reduce stress from other areas of our life, teaches that rewards can come from diligent efforts; and WHEREAS, Gardening enables members of Garden Clubs across the nation and the world to make a world of difference in the communities where they reside and work; NOW, THEREFORE, I, Todd Jordan, Mayor of the City of Tupelo, do hereby proclaim the week of June 5-11, 2022 as Garden week in the city of Tupelo and encourage our citizens to observe the week with educational activities and projects that emphasize the benefits of gardening. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tupelo, Mississippi, to be affixed this the 7th day of June, 2022. Todd Jordan, Mayor ATTEST: Kim Hanna, City Clerk APPENDIX A  623 OFFICE OF THE MAYOR Wear it well day PROCLAMATION WHEREAS, Wear It Well is a nonprofit 501(c)3 organization that was established June 13, 2017, in memory of and to honor the life and legacy of Leona Givhan Davis, the grandmother of founder and executive director, Katina Davis Holland; and WHEREAS, Wear It Well’s mission is to enhance the quality of life by renewing the mind, body and soul of people battling cancer and/or life-altering situations. This includes men, women and children, regardless of race, color or creed; and WHEREAS, Wear It Well’s vision is to add value to others through education, inspiration, motivation and participation.; and WHEREAS, Wear It Well has blazed the trail, enhancing lives by renewing the mind, body and soul with its founding program: Extreme Makeover. Wear It Well has served individuals by providing customized makeovers made possible by the overwhelming support from the community, fundraisers, a group of dedicated volunteers and support of generous donors; and WHEREAS, Wear It Well hosts programs such as Extreme Makeover, Love the Skin You’re In, Health is Wealth and Ready, Set, GOALS and has added a business space at 826 West Jefferson Street in which is hosts programs such as The Bridge and a clothing closet called The Repeat Boutique; NOW THEREFORE, I, Todd Jordan, Mayor of Tupelo, Mississippi, do hereby proclaim June 13, 2022, as Wear it well day in Tupelo, Mississippi, and encourage all citizens to recognize Wear It Well on the occasion of its fifth anniversary. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tupelo to be affixed this the 13th day of June, the year of our Lord two thousand and twenty two. ____________________ Todd Jordan, Mayor ATTEST:____________________ Kim Hanna, City Clerk APPENDIX B  624 APPENDIX C  625 APPENDIX C  626 CHECK INFORMATION FOR COUNCIL MEETING JUNE 7, 2022 FUND CHECK NUMBERS POOL CASH ID-410262-410277; 410278-410646 EFT 50001636-50001659 TWL ADJUSTMENTS ELECTRONIC TRANSFERS AS SHOWN ON THE FACE OF DOCKET INVOICES AS SHOWN ON FACE OF DOCKET APPENDIX D  627 AGENDA REQUEST TO: Mayor and City Council FROM: Kim Hanna, CFO DATE June 7, 2022 SUBJECT: IN THE MATTER OF ADVERTISING AND PROMOTIONAL ITEMS KH Request: Proposed items for approval are for the purpose of advertising and bringing into favorable notice the opportunities, possibilities and resources of the City of Tupelo. ITEMS: NE MS Daily Journal $684.00 Ads for Tupelo Reads at the Lee Co. Library Billy Armstrong $1,500.00 Stage rental for the King Crawl APPENDIX E  628 APPENDIX F  629 APPENDIX F  630 APPENDIX F  631 APPENDIX F  632 APPENDIX F  633 APPENDIX F  REVISED - Final Lot Mowing Report for 6/7/22 Violation Ref Parcel Location Owner Owner Address Owner City State Zip Inspector 1. 40606 105D1505100 3091 MOORE DANCER MCCOY 1103 FILLMORE DR TUPELO, MS 38801 RS AVE 2. 40608 105D1503500 3064 MOORE RICHARDSON P O BOX 87 RED BANKS, MS 38661 RS AVE MEGAN 3. 40626 112F0402101 2023-2025 SHELTON JIMMY P O BOX 1310 TUPELO, MS 38802 RS BRIAR RIDGE D ESTATE RD 4. 40629 088N3306000 143 CANAL ST SOUTHERN 194 GOLDEN HILLS RD MOOREVILLE, MS 38857 RS CHARM PROPERTIES LLC 5. 40630 088N3304700 335 CANAL ST FAULKNER LLOYD P O BOX 100 HOUSTON, MS 38851 RS 6. 40635 101B0213200 414 LAKEVIEW TTLBL LLC 4747 EXECUTIVE DR STE 510 SAN DIEGO, CA 92121 JLS DR 7. 40636 101B0213000 418 LAKEVIEW TTLBL LLC 4747 EXECUTIVE DR STE 510 SAN DIEGO, CA 92121 JLS DR 634 8. 40645 101H0102400 1402 KENNEDY PHILLIPS STELLA L 1402 KENNEDY TUPELO, MS 38801 SB DR 9. 40646 101H0103100 1405 KENNEDY RENICK MARGIE 1405 KENNEDY TUPELO, MS 38801 SB DR 10. 40649 089E3017300 901 N HODGE HUSHEL 901 N MADISON ST TUPELO, MS 38804 SB MADISON ST 11. 40651 101C0103700 1205 GREER JIMMY 1205 QUEENSGATE TUPELO, MS 38804 SB QUEENSGATE WAYNE DR 12. 40652 101M1201000 2209 RUTHERFORD 1117 WEST JACKSON, UNIT B TUPELO, MS 38804 SB LAWNDALE DR CHAD APPENDIX G  REVISED - Final Lot Mowing Report for 6/7/22 Violation Ref Parcel Location Owner Owner Address Owner City State Zip Inspector 13. 40653 101M1210704 1111 NIXON DR SMITH JOHNNY B 1111 NIXON DR TUPELO, MS 38801 SB & JUANITA 14. 40654 101H0110200 1009 ARMSTRONG 1009 CLEVLELAND ST TUPELO, MS 38801 SB CLEVELAND ST JACQUELINE E & VICTOR 15. 40655 101H0109800 1001 MALLORY LINDA J 1001 CLEVELAND ST TUPELO, MS 38801 SB CLEVELAND ST 16. 40663 113T0502200 409 PAYNE ST WALLIS BRYAN 119 RD 1145 TUPELO, MS 38804 RS 17. 40664 113T0501500 PAYNE ST MORGAN STEVE PO BOX 365 BOONEVILLE, MS 38829 RS & BILL 18. 40668 088A2800700 1792 ELVIS HERNANDEZ 929 BEECH AVE CHULA VISTA, CA 91911 RS PRESLEY DR CYNTHIA & FERNANDO 19. 40674 075G1509300 GRACE LN THE SOUTHERN P O BOX 3171 TUPELO, MS 38803 DS GROUP OF MS 635 INC 20. 40675 075G1509400 GRACE LN THE SOUTHERN P O BOX 3171 TUPELO, MS 38803 DS GROUP OF MS INC 21. 40676 075G1509500 GRACE LN THE SOUTHERN P O BOX 3171 TUPELO, MS 38803 DS GROUP OF MS INC 22. 40677 106C1302800 1010 EVELYN ROBERTS SLANDA 1010 EVELYN TUPELO, MS 38801 RS DR M 23. 40678 106C1310300 1015 EVELYN JM HARRISON 3423 SUMMERLIN DR BELDEN, MS 38826 RS DR PROPERTIES LLC 24. 40680 113B0602200 S GREEN ST GENLYTHE 4360 BROWNSBORO ROAD STE 300 LOUISVILLE, KY 40232 SB THOMAS GROUP LLC APPENDIX G  REVISED - Final Lot Mowing Report for 6/7/22 Violation Ref Parcel Location Owner Owner Address Owner City State Zip Inspector 25. 40682 113B0601000 CHESTNUT ST B & B CONCRETE P O BOX 407 TUPELO, MS 38801-0407 SB CO INC 26. 40684 101D0114800 1200 HINTON AUSTIN 1200 PRESIDENT AVE TUPELO, MS 38801 SB PRESIDENT AVE R & TAYLOR R 27. 40685 101D0121800 1306 MABRY 1306 PRESIDENT AVE TUPELO, MS 38801 SB PRESIDENT AVE WILLENDA R & MATTIE W 28. 40700 077P3500600 2411 DANNY ST TTLBL LLC 4747 EXECUTIVE DR STE 510 SAN DIEGO, CA 92121 JLS 29. 30. 31. 32. 636 33. 34. 35. 36. APPENDIX G  637 AGENDA REQUEST TO: Mayor and City Council FROM: Tanner Newman, Director of Development Services DATE June 7, 2022 SUBJECT: IN THE MATTER OF REVIEW/APPROVE CLEANING AND DEBRIS REMOVAL OF 4642 STONEBRIDGE COVE TN Request: DDS requests adjudication of property located at 4642 Stonebridge Cove (Parcel # 102S-04-028- 19) to be in such a state of uncleanliness as to be a menace to the public health, safety and welfare of the community and approval to clean and remove debris from the property. APPENDIX H  638 APPENDIX H  639 APPENDIX H  640 APPENDIX H  641 APPENDIX H  642 4642 STONEBRIDGE COVE BASIC INFORMATION  PARCEL: 102S-04-028-19  CASE: 40339  WARD: 6  TAX VALUE: $154,900.  VACANT: YES  REPAIRABLE: YES –NEEDS TRASH REMOVED NEARBY PROPERTIES/ TAXES Right side 828 LOCUST LANE $177,120. Left side 4672 STONEBRIDGE $ 149280. Rear 753 LOCUST LANE $ 49000. Across street 4641 STONEBRIDGE COVE $ 167510. TAXES/LIENS Taxes – current No city liens VISUAL INDICATORS OF BLIGHT  STRUCTURAL DAMAGE OR FAILURE - NO  EXTERIOR MATERIALS IN NEED OF REPLACEMENT OR REPAIR – NO  BROKEN WINDOWS\DAMAGED DOORS – YES  YARD OR GROUNDS POORLY MAINTAINED – NO  ACCUMULATION OF JUNK - YES CODE ENFORCEMENT HISTORY  PRIOR VIOLATIONS 2- 40339-JUNK AND LITTER, 30063-2019 JUNK & LITTER-CLSD, 13222-JUNK AND LITTER-CLSD  CURRENT STATUS –OPEN JUNK AND LITTER  This house has been this way for approximately 12 years (according to the neighbors). The stuff on the front porch is full of mold and the bushes need cut back. PICTURES APPENDIX H  643 APPENDIX H  644 APPENDIX H  645 APPENDIX H  646 AGENDA REQUEST TO: Mayor and City Council FROM: Tanner Newman, Director of Development Services DATE June 7, 2022 SUBJECT: IN THE MATTER OF REVIEW/APPROVE PROPERTIES FOR DEMOLITION TN Request: The Department of Development Services requests approval to demolish substandard structures located on following three properties: 1015 N. Green St. (Parcel #s 089F-30-010-00 & 089F-30-010-02) 1366 Elvis Presley Dr. (Parcel # 088B-28-011-00) 205 Stephen D. Lee St. (Parcel # 077Q-36-025-00) APPENDIX I  647 APPENDIX I  648 APPENDIX I  649 APPENDIX I  650 1015 NORTH GREEN ST. BASIC INFORMATION  PARCEL: 089F-30-010-00  CASE: NONE  WARD: 4  TAX VALUE: $8040.00 small building.  VACANT: YES  REPAIRABLE: NO NEARBY PROPERTIES/ TAXES Right side GREEN ST. $0 Left side 408 BARNES ST. $ 12860.00 Rear N. GREEM ST. $0 Across street N. GREEN STREET CHURCH OF CHRIST PARKING LOT $0 TAXES/LIENS Taxes – current City liens $1800.00 VISUAL INDICATORS OF BLIGHT- BLDG. RUN THROUGH BY VEHICLE  STRUCTURAL DAMAGE OR FAILURE - YES  EXTERIOR MATERIALS IN NEED OF REPLACEMENT OR REPAIR – YES  BROKEN WINDOWS\DAMAGED DOORS – YES  YARD OR GROUNDS POORLY MAINTAINED – YES  ACCUMULATION OF JUNK - YES CODE ENFORCEMENT HISTORY  PRIOR VIOLATIONS -12  CURRENT STATUS –ALL CLOSED  This small building was vacant at the time of the accident. I was used as a beauty/barber shop. A vehicle lost control and drove through the building. APPENDIX I  651 APPENDIX I  652 APPENDIX I  653 APPENDIX I  654 APPENDIX I  655 1366 ELVIS PRESLEY DRIVE BASIC INFORMATION  PARCEL: 088B-28-011-00  CASE: 40520  WARD: 5  TAX VALUE: $37,810.  VACANT: YES  REPAIRABLE: NO NEARBY PROPERTIES/ TAXES Right side Vacant Land $53,650. Left side Dr $ 120,890. Rear DR $ 0 vacant land Across street $ 75,780. 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 – YES  YARD OR GROUNDS POORLY MAINTAINED – YES  ACCUMULATION OF JUNK – YES CODE ENFORCEMENT HISTORY  PRIOR VIOLATIONS 3  CURRENT STATUS –OPEN - CHAP 34  This house is vacant and owned by a couple that lives in Florida. They have owned the property for approximately 2 years and the old barn has fallen in on itself. APPENDIX I  656 APPENDIX I  657 APPENDIX I  658 APPENDIX I  659 APPENDIX I  660 APPENDIX I  661 205 STEPHEN D. LEE ST. BASIC INFORMATION  PARCEL: 077Q-36-025-00  CASE: 24029  WARD: 4  TAX VALUE: $31,340.  VACANT: YES  REPAIRABLE: NO NEARBY PROPERTIES/ TAXES Right side Vacant Land STREET Left side $ 37240. Rear Land locked property $ 39560. Across street Vacant Land $0 TAXES/LIENS Taxes – Delinquent No city liens VISUAL INDICATORS OF BLIGHT –Trailer destroyed by fire.  STRUCTURAL DAMAGE OR FAILURE - YES  EXTERIOR MATERIALS IN NEED OF REPLACEMENT OR REPAIR – YES  BROKEN WINDOWS\DAMAGED DOORS – YES  YARD OR GROUNDS POORLY MAINTAINED – YES  ACCUMULATION OF JUNK - YES CODE ENFORCEMENT HISTORY  PRIOR VIOLATIONS - 2  CURRENT STATUS- OPEN VIOLATION  This property is in an estate and has been vacant for approximately 16 years. APPENDIX I  662 APPENDIX J  663 APPENDIX J  664 APPENDIX J  665 APPENDIX J  666 APPENDIX J  667 APPENDIX J  668 APPENDIX J  669 APPENDIX J  670 APPENDIX J  671 APPENDIX J  672 APPENDIX K  673 APPENDIX K  674 ORDINANCE REZONING PROPERTY AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TUPELO, MISSISSIPPI Case No. RZ 22-02 Parcel #: 078B-28-010-00 WHEREAS, a request was filed with the Department of Development Services to change the zoning on certain pieces of property; and WHEREAS, the request was reviewed by the Tupelo Planning Committee, which reviewed and considered information regarding the rezoning and conducted a public hearing with notice sent to the surrounding property owners, at the Tupelo Planning Committee’s regularly scheduled meeting on Monday, March 7, 2022; and WHEREAS, the Tupelo Planning Committee recommended approval of the proposed zoning change at said meeting; and, WHEREAS, the Tupelo City Council conducted a public hearing, with notice published in the Northeast Mississippi Daily Journal and sent to the surrounding property owners and posted on the property to be rezoned at least 7-days prior to said meeting, at its regularly scheduled meeting on Tuesday, May 17, 2022, to review and consider recommendations proposed by the Tupelo Planning Committee concerning the proposed zoning change at which time no sufficient protest was received; and WHEREAS, the character of the neighborhood has changed to such an extent as to justify rezoning and that public need exists for rezoning; and WHEREAS, the Tupelo City Council finds and determines that pursuant to the authority granted under Miss. Code Anno. Sec. 17-1-3 (1972 as amended), it is necessary to protect the public health, safety, morals and general welfare to amend the current Zoning Map, and the  675 provisions below are enacted pursuant to the procedures set forth in the Development Code of the City of Tupelo, and are necessary, fair and reasonable. NOW THEREFORE, BE IT ORDAINED by the Tupelo City Council as follows: 1. The prefatory sentences, as findings of the Tupelo City Council are hereby incorporated herein. 2. The portions of the following described property which are currently zoned Medium Density Residential, (“MDR”), are hereby amended to be zoned Low Density Residential, (“LDR”): Sixty (60) acres described as follows: 100 acres on the west side of the Northeast Quarter of Section 28, Township 9, Range 5 East, Lee County, Mississippi, except 40 acres on the north side, and being the same land as intended to be described in deed of record in Book 274, Page 316, deed records of said county. LESS AND EXCEPT: Beginning at the Southwest corner of the Northeast Quarter of Section 28, Township 9 South, Range 5 East and run North 468.5 feet; thence run East 175 feet to the center line of a ditch; thence run along the center line of said ditch in a Southwesterly direction 506 feet to the South boundary of said Northeast Quarter; thence run West 27 feet to the Point of Beginning. Containing 1.1 acre, lying and being in the Northeast Quarter of Section 28, Township 9 South, Range 5 East, Lee County, Mississippi. ALSO, LESS AND EXCEPT: Commencing at the Northwest corner of the Northeast Quarter of Section 28, Township 9 South, Range 5 East, Lee County, Mississippi; thence South 00 degrees 29 minutes 05 seconds East 1056.00 feet to the Southwest Corner of Southron Subdivision; thence North 89 degrees 13 minutes 03 seconds East along an old fence 1644.08 feet to an iron pin on an old fence; thence South 00 degrees 23 minutes 27 seconds East along said fence 674.00 feet to an iron pin, for a point of beginning; thence South 00 degrees 23 minutes 27 seconds East along said fence 295.20 feet to an iron pin; thence West 295.20 feet to an iron pin; thence East 295.20 feet to the point of beginning, and containing 2.00 acres lying and being in the Northeast Quarter of Section 28, Township 9 South, Range 5 East, City of Tupelo, Lee County, Mississippi. 3. The official Zoning Map shall be amended to reflect this change. The City Clerk shall cause this amendatory ordinance to be published according to law.  676 The foregoing ordinance was proposed in a motion by Council Member _____________________, seconded by Council Member _________________________, and after discussion, no council member having called for a reading, was brought to a vote as follows: Councilmember Chad Mims voted _______________ Councilmember Lynn Bryan voted _______________ Councilmember Travis Beard voted _______________ Councilmember Nettie Davis voted _______________ Councilmember Buddy Palmer voted _______________ Councilmember Janet Gaston voted _______________ Councilmember Rosie Jones voted _______________ WHEREUPON, the Ordinance having received a majority of affirmative votes, the President of the Council declared that the Ordinance had been passed and adopted on this the 7th day of June, 2022. CITY OF TUPELO, MISSISSIPPI By: ________________________________ BUDDY PALMER, City Council President ATTEST: ________________________________ MISSY SHELTON, Clerk of the Council APPROVED: ___________________________________ TODD JORDAN, Mayor ___________________________________ DATE  677 AGENDA REQUEST TO: Mayor and City Council FROM: Tanner Newman, Director of Development Services DATE June 7, 2022 SUBJECT: IN THE MATTER OF REVIEW/APPROVE MAJOR SITE PLAN FOR BUTLER PARK PHASE II TN Request: The Planning Committee recommended approval of the attached Major Site Plan for Butler Park Phase II under the stipulation that MDEQ review the dam located on the property. The stipulation has been met by the developer. Attachments: 1. Major Site Plan for Butler Park Phase II 2. Letter from MDEQ Dam Safety Division APPENDIX M  678 STATE OF MISSISSIPPI TATE REEVES GOVERNOR MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY CHRIS WELLS, EXECUTIVE DIRECTOR April 26, 2022 Tupelo Planning Committee Tupelo City Hall 71 East Troy Street Tupelo, MS 38804 Re: Dam Inspection – Proposed Butler Park Phase II Tupelo, Lee County, Mississippi Dear Planning Committee, The Mississippi Department of Environmental Quality (MDEQ) Dam Safety Division received a request from Randy Hathcock of Engineering Solutions, Inc. to review plans associated with the proposed Butler Park Phase II development and perform an inspection of the existing lake centered in the development. MDEQ performed an inspection of the 4.5-acre lake and associated dam on April 10, 2022. Photos from the inspection are enclosed. MDEQ concurs with Hathcock that the dam is below 8 feet in height, making the construction exempt from permitting requirements during the initial construction. This dam is currently considered a low hazard dam, because should the structure breach, the resulting failure would not result in the potential for loss of life or damage to substantial infrastructure. No permits would be required from our office regarding dam modifications unless the height of the dam is increased to more than 8 feet in height. During inspection, MDEQ noted the following issues that should be addressed during development construction: - Trees and shrubs are growing on the upstream and downstream slope of the dam. Their roots are damaging to the structure. The dam should be cleared of all woody vegetation. - The front face of the dam has suffered minor wave wash erosion. This area should be regraded and thought given to placing erosion protection on the front face to prevent further erosion. - The dam structure has a single spillway channel that appears degraded. MDEQ recommends the spillway channel be modified to ensure that the primary spillway structure that controls the water level in the dam be constructed of an erosion resistant material. - Consideration should be made to ensure that any construction in proposed Lot 5 be elevated to ensure any construction would be above the resulting flood in the event of dam failure. If you have any questions or comments regarding your construction project or dam related issues, please call me at (601) 961-5207. Sincerely, William McKercher P.E. Chief, Dam Safety Division Enclosures APPENDIX M  679 APPENDIX M  680 APPENDIX M  681 100 50 0 100 SCALE IN FEET 1324 N. VETERANS BLVD. TUPELO MS 38804 PHONE 662.840.9063 FAX 662.840.9064 180 MAGEE DRIVE STREET PO BOX 811 PONTOTOC MS 38863 PHONE 662.489.1525 FAX 662.489.1725 www esi-ms.com BUTLER PARK PHASE II PROJECT TITLE TUPELO, MS OWNER WARREN LOCATION BUTLER ROAD TUPELO, MS REVISIONS NO. DATE 1 - 2 - 3 - 4 - DWN. BY DW CKD. BY RH ISSUE DATE FEBRUARY 2022 T21-325 SITE PLAN APPENDIX M 1  682 APPENDIX N  683 APPENDIX N  684 APPENDIX N  685 APPENDIX N  686 APPENDIX N  687 APPENDIX N  688 APPENDIX N  689 APPENDIX O  690 APPENDIX O  691 AGENDA REQUEST TO: Mayor and City Council FROM: John Quaka , Chief of Police DATE June 7th, 2022 SUBJECT: PD: IN THE MATTER OF NMNU REQUEST TO ADD PREVIOUSLY SURPLUSED VEHICLES AND ACCEPT FORFEITED VEHICLES JUNE 2022 , JQ Request: Please review the list of vehicles attached. Vehicle 1 and 2 were previously surplused and intended to be sold at auction in May 2022. After the surplus list was approved, other NMNU Agents had vehicle problems, so Vehicle 1 and 2 were pulled from the auction to be used in the future. The other vehicles are all NMNU vehicles that have been previously seized and forfeited by law. Vehicles assigned to any NMNU Agent that is not a Tupelo Police Officer are covered by their agency’s insurance, not the City of Tupelo. The vehicle titles are kept and maintained at the NMNU Office. The vehicles are temporarily assigned to the outside agencies and then auctioned through NMNU when no longer useable. Attachments: NMNU Forfeited Vehicle List June 2022 APPENDIX P  692 APPENDIX P  693 APPENDIX P  694 APPENDIX P  695 APPENDIX Q  696 APPENDIX Q  697 APPENDIX Q  698 APPENDIX Q  699 APPENDIX Q  700 Memo To: Tupelo City Council From: Tupelo Traffic Committee Subject: Review/Approve Traffic Committee Minutes of May 12, 2022 Date: June 1, 2022 Attached are the minutes of the Traffic Committee Meeting on May 12, 2022. The following is a summary of their actions. Old Business: 1. A request from The Grove Neighborhood Association c/o Mr. Henry Robinson, 529 Wooten Cove, Tel. 769-251-3315, for the installation of speed tables throughout the neighborhood. Action: Postponed 2. A request from Ms. Amanda Powell, 145 Road 1046, Tupelo, Tel. 662-321-7158, abpowell51@yahoo.com, for the installation of a caution light in front of Bissell Baptist Church, 4662 Main Street, for driver’s turning left. Action: Denied caution light, Increase signage 3. A request from the Big Oaks Homeowner’s Association c/o George Rutledge, 3446 Mosseycup Drive, Tel. 662-231-7178, georgerutledge56@gmail.com, for the installation of some “Slow-Children at Play” signs to be installed in the neighborhood and help with speeding and cut-through traffic. Action: No action needed on “Children At Play” signs, Approved to raise the posted speed limit to 25 mph 4. A request from Mr. Lyndsey Rasberry, 2501 Bryan Drive, Tel. 770-410-9195, for help with excessive speeding. Action: Denied speed tables (Not eligible) 5. A request from the Bristow Acres Planning Committee for installation of the following: a) Marquette and Lumpkin: Flashing red light at stop sign b) George and West Jackson: Flashing caution light APPENDIX R  701 Tupelo City Council June 1, 2022 Page 2 Action: (a) Approved for solar lighted stop signs, (b) Approved for solar lighted caution light New Business 1. A request from Mr. Brian Neely, 3321 Forrest Hill Drive, Tel. 662-419-2285, for the installation of two (2) speed tables on Forrest Hill Drive and one (1) speed table on Colonial Estates Drive. Action: Denied speed table on Colonial Estates, Conditional approval of speed tables on Forrest Hill Drive 2. A request from Mr. Darrell Rankin for the installation of stop signs to make the intersection of Lee Street and Clayton Avenue a 3-way stop. Action: Denied 3. A request from Mrs. Rosie Jones, Councilwoman Ward 7, for the installation of rumble strips and appropriate signage on Green Tee Road, west of Mt. Sinai Baptist Church. Action: Approved 4. A request from Ms. Bridgitt Fleming, Tel. 662-228-1792, bridgittf@gmail.com, to restripe the crosswalk across Front Street at Troy Street. Ms. Fleming also requests the installation of flashing lights and signage at this crosswalk. Action: Approved crosswalk, Denied flashing lights 5. A request from the Ridgeway Homeowner’s Association, thru Mr. Duke Loden, dloden@centurycg.com, for the installation of stop signs or speed tables at any of the following intersections: a) Ridgeway Drive and Summertree Drive b) Ridgeway Drive and Greenridge Drive c) Ridgemont Drive and Summertree Drive d) Ridgemont Drive and Greenridge Drive Action: Conditional approval on all requests 6. A request from Ms. Geshia Brown, 614 Hibner Street, Tel. 662-687-2599, for the installation of speed tables on Hibner Street. APPENDIX R  702 Tupelo City Council June 1, 2022 Page 3 Action: Conditional Approval 7. A request from Mr. Danny Golding, Winfield Place Neighborhood Association Liason, Danny.golding@tupeloms.gov, for the following: a) Installation of stop sign to make the intersection of Fairfield and Sagefield a 3-way stop b) Installation of a “No Outlet” sign at the entrance to Winfield Place Action: (a) Denied, (b) Approved 8. A request from Councilman Chad Mims, Ward 1, for the following: a) Installation of a 3-way stop at Lakeshire Drive and Vann Street b) Installation of a 4-way stop at Country Club Road and Strain Street Action: (a) Denied, (b) Postponed APPENDIX R  703 MINUTES OF THE TUPELO TRAFFIC COMMITTEE MAY 12, 2022 A regular meeting of the Tupelo Traffic Committee was held on May 12, 2022, at 11:00 am in the council chambers on the 2nd floor at City Hall. Members present were Mr. Dennis Bonds, Mr. Jake Logan, Officer Patrick Johnson, Mr. Michael Montgomery, Ms. Laura Kramer, Mr. Norman Cruse, Mr. Barton Wynn, Mr. Emmitt Foster and Mrs. Pam Blassingame. Mr. Mike Williams were absent. Audience members were Mr. Don Lewis, COO, and Mr. Chuck Williams, Public Works Director. Call to Order The meeting was called to order by Mr. Dennis Bonds. Old Business 1. A request from The Grove Neighborhood Association c/o Mr. Henry Robinson, 529 Wooten Cove, Tel. 769-251-3315, for the installation of speed tables throughout the neighborhood. Mr. Dennis Bonds made a motion to postpone this item. Mr. Norman Cruse seconded the motion and it passed unanimously. 2. A request from Ms. Amanda Powell, 145 Road 1046, Tupelo, Tel. 662-321-7158, abpowell51@yahoo.com, for the installation of a caution light in front of Bissell Baptist Church, 4662 Main Street, for driver’s turning left. Officer Patrick Johnson made a motion to deny installation of a caution light at this location, but to increase signage in this area. The motion was seconded by Mr. Michael Montgomery and it passed unanimously. 3. A request from the Big Oaks Homeowner’s Association c/o George Rutledge, 3446 Mosseycup Drive, Tel. 662-231-7178, georgerutledge56@gmail.com, for the installation of some “Slow-Children at Play” signs to be installed in the neighborhood and help with speeding and cut-through traffic. Mr. Dennis Bonds noted that the “Children at Play” signs have been installed. He also noted that a speed study of the area showed that the speed limit is posted too low. Therefore, Mr. Bonds made a motion to raise the speed limit to 25 mph which was seconded by Mr. Michael Montgomery. The motion passed unanimously. 4. A request from Mr. Lyndsey Rasberry, 2501 Bryan Drive, Tel. 770-410-9195, for help with excessive speeding. Mr. Dennis Bonds stated that Bryan Drive is classified as a collector street and is not eligible for speed tables. Mr. Jake Logan made a motion to deny this request. The motion was seconded by Officer Johnson and it passed unanimously. 5. A request from the Bristow Acres Planning Committee for installation of the following: a) Marquette and Lumpkin: Flashing red light at stop sign b) George and West Jackson: Flashing caution light APPENDIX R  704 Tupelo Traffic Committee May 12, 2022 Page 2 A motion was made by Mr. Dennis Bonds to (a) replace the stop signs at the intersection of Marquette and Lumpkin with red lighted solar stop signs, and (b) install a solar flashing caution light on West Jackson Street east of George Avenue. Mr. Norman Cruse seconded the motion and it passed unanimously. New Business 1. A request from Mr. Brian Neely, 3321 Forrest Hill Drive, Tel. 662-419-2285, for the installation of two (2) speed tables on Forrest Hill Drive and one (1) speed table on Colonial Estates Drive. Colonial Estates is not eligible for speed tables due to its classification. Forrest Hill Drive is classified as a residential street and, therefore is eligible for speed tables. Mr. Michael Montgomery made a motion to deny speed tables for Colonial Estates and approve speed tables for Forrest Hill Drive if Mr. Neely gets the required petition signatures and provides a funding source. The motion was seconded by Mr. Norman Cruse and it passed unanimously. 2. A request from Mr. Darrell Rankin for the installation of stop signs to make the intersection of Lee Street and Clayton Avenue a 3-way stop. Mr. Dennis Bonds made a motion to deny this request, which was seconded by Mr. Jake Logan. The motion passed unanimously. 3. A request from Mrs. Rosie Jones, Councilwoman Ward 7, for the installation of rumble strips and appropriate signage on Green Tee Road, west of Mt. Sinai Baptist Church. Mr. Chuck Williams stated that they could install a pair of the plastic rumble strips that have been used in several areas and are working fine. Mr. Dennis Bonds made a motion to approve this request and install the plastic rumble strips. Mr. Michael Montgomery seconded the motion and it passed unanimously. 4. A request from Ms. Bridgitt Fleming, Tel. 662-228-1792, bridgittf@gmail.com, to restripe the crosswalk across Front Street at Troy Street. Ms. Fleming also requests the installation of flashing lights and signage at this crosswalk. Mr. Don Lewis explained that the crosswalk will be installed (stamped and painted) after the mill and overlay work is completed. Therefore, Mr. Jake Logan made a motion to approve the crosswalk and deny the flashing lights. The motion was seconded by Mr. Norman Cruse and it passed unanimously. APPENDIX R  705 Tupelo Traffic Committee May 12, 2022 Page 3 5. A request from the Ridgeway Homeowner’s Association, thru Mr. Duke Loden, dloden@centurycg.com, for the installation of stop signs or speed tables at any of the following intersections: a) Ridgeway Drive and Summertree Drive b) Ridgeway Drive and Greenridge Drive c) Ridgemont Drive and Summertree Drive d) Ridgemont Drive and Greenridge Drive Mr. Dennis Bonds made a motion to approve this request if the Ridgeway Homeowner’s Association gets a majority of the homeowner’s approval and they pay for the signs and installation. Mr. Norman Cruse seconded the motion and it passed unanimously. 6. A request from Ms. Geshia Brown, 614 Hibner Street, Tel. 662-687-2599, for the installation of speed tables on Hibner Street. Hibner Street is classified as a residential street and would be eligible for speed tables. Mr. Dennis Bonds made a motion to approve this request provided Ms. Brown gets the required petition signatures and provides a funding source. Ms. Laura Kramer seconded the motion and it passed unanimously. 7. A request from Mr. Danny Golding, Winfield Place Neighborhood Association Liason, Danny.golding@tupeloms.gov, for the following: a) Installation of stop sign to make the intersection of Fairfield and Sagefield a 3-way stop b) Installation of a “No Outlet” sign at the entrance to Winfield Place Mr. Jake Logan made a motion to (a) deny the installation of a stop sign at Fairfield and Sagefield, but motioned to (b) approve the installation of the “No Outlet” sign at the entrance to Winfield Place. Mr. Emmitt Foster seconded the motion and it passed unanimously. 8. A request from Councilman Chad Mims, Ward 1, for the following: a) Installation of a 3-way stop at Lakeshire Drive and Vann Street b) Installation of a 4-way stop at Country Club Road and Strain Street Mr. Dennis Bonds made a motion to (a) deny the 3-way stop at Lakeshire Drive and Vann Street and to (b) postpone the 4-way stop at Country Club Road and Strain Street and perform a traffic study. Mr. Barton Wynn seconded the motion and it passed unanimously. With there being no further business, Mr. Norman Cruse made a motion to adjourn the meeting. Officer Johnson seconded the motion and it passed unanimously. Submitted by: Pam Blassingame APPENDIX R  706 APPENDIX S  707 APPENDIX S  708 APPENDIX T  709 APPENDIX T  710 APPENDIX U  711 APPENDIX U  712 APPENDIX U