Regular City Council Meeting

818 REGULAR CITY COUNCIL MEETING MUNICIPAL MINUTES CITY OF TUPELO STATE OF MISSISSIPPI JULY 19, 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, July 19, 2022, at 6:00 p.m. with the following in attendance: Council Members Travis Beard, Lynn Bryan, Nettie Davis, Buddy Palmer, Janet Gaston and Rosie Jones; Ben Logan, City Attorney and Missy Shelton, Clerk of the Council. Council Member Chad Mims attended by ZOOM. Council Member Janet Gaston gave the invocation and Council Member Buddy Palmer led the pledge of allegiance. Council President Lynn Bryan called the meeting to order at 6:00 p.m. CONFIRMATION OR AMENDMENT TO THE AGENDA AND AGENDA ORDER Council Member Beard moved, seconded by Council Member Davis, to approve the agenda and agenda order, with the following changes: ADD: Item 16.5 Rachel Shumpert MOVE TO STUDY AGENDA: Item 35 In the Matter of Review/Approve/Reject Major Site Plan Application MSP22-02 for Tupelo Creek Apartment Development Item 36 In the Matter of Review/Approve/Reject Major Site Plan Application MSP22-01 for Flowerdale Commons Apartment Development The vote was unanimous in favor. PUBLIC RECOGNITION Council President Lynn Bryan acknowledged Mr. Bill Allen, Chairman of the Tupelo Advisory Board, who gave the Annual Report of the Tupelo Advisory Board. Council Member Gaston thanked all involved with getting the mast arms up at the intersection of West Main Street and Thomas Street. Council Member Beard recognized and thanked Council Member Palmer for filling in for him during bill pay this afternoon. He also gave accolades to Tupelo Water & Light and Public Works for taking care of some issues in his ward expediently and efficiently.  819 Council Member Davis thanked everyone for the support of the recent George Carver School reunion. She also mentioned that the United Annual Methodist Conference met here last week and she was proud that Tupelo does such a great job with the conference. Mrs. Davis invited everyone to the memorial in honor of Lee Williams that will be held on July 29 and 30. Council Member Bryan wished Council Member Gaston a happy birthday. Council Member Jones invited everyone to contribute and/or attend the Dancing with the Stars scheduled for July 30. MAYOR'S REMARKS Mayor Jordan extended his congratulations to Police Chief John Quaka for being selected to be a member of the MS State Law Enforcement and Training Board. IN THE MATTER OF PUBLIC HEARING FOR LOT MOWING No one appeared to speak at the public hearing for the following properties on the final lot mowing list: Parcel Location 077Q3612400 1502 REED ST 089F3005600 536 WALKER ST 089F3007600 760 N MADISON ST 089F3002500 532 W BARNES ST 089F3005400 527 W BARNES ST 077F2612700 1908 W JACKSON ST 075G1501603 2662 MCCULLOUGH BLVD 077M3612501 221 RANKIN BLVD 077F2614001 1708 W JACKSON ST 077H2526100 1146 W JACKSON ST 089F3013000 605 N CHURCH ST UNIT A & B 089F3016100 572 N CHURCH ST IN THE MATTER OF PUBLIC HEARING FOR DEMOLITION OF 2816 EVANS CIRCLE No one appeared to speak at the Public Hearing for the demolition of 2816 Evans Circle. CITIZEN HEARING The following spoke in opposition to the Major Site Plan of the Flowerdale Apartment Development: 1. James Moore 2. Paula Farese on behalf of Glenn McCullough and Mary Connor Adcock - requested information be included in Minutes (APPENDIX A) 3. Lee Durrett  820 4. Linda Collins 5. Lisa Russell 6. Jonathan Conn 7. Wesley Webb 8. Glenn McCullough Jr - requested information be included in Minutes (APPENDIX B) 9. Tommy Green 10. Mary Connor Adcock 11. Michael Chidester 12. Trentice Imbler Mr. Stuart Rutledge, on behalf of developer Britton Jones, spoke in support of the Major Site Plan of the Flowerdale Apartment Complex. He submitted a handout and requested it be included in Minutes (APPENDIX C) Ms. Rachel Shumpert spoke in opposition to the Tulip Creek Apartment Complex. She also submitted information to be included in the Minutes. (APPENDIX D) ROUTINE AGENDA IN THE MATTER OF APPROVAL OF MINUTES OF JULY 5, 2022 REGULAR COUNCIL MEETING Council Member Beard moved, seconded by Council Member Davis, to approve the minutes of the Regular City Council meeting held on July 5, 2022. The vote was unanimous in favor IN THE MATTER OF BILL PAY Bills were reviewed at 4:30 p.m. by Council Members Palmer, Davis and Gaston. Council Member Palmer moved, seconded by Council Member Jones, to approve the payment of the checks, bills, claims and utility adjustments. Of those present, the vote was unanimous in favor. APPENDIX E IN THE MATTER OF MOU WITH DEPARTMENT OF FINANCE (HOUSE BILL 1353 SECTION 25(rr) FUNDING FOR LIGHTS AND CURB UPGRADE TO MCCULLOUGH BLVD Council Member Beard moved, seconded by Council Member Palmer to approve the Memorandum of Understanding (MOU) with the MS Department of Finance to upgrade lighting and curb on McCullough Blvd, as specified in Section 25(rr) of House Bill 1353, 2022. The vote was unanimous in favor. APPENDIX F IN THE MATTER OF MOU WITH DEPARTMENT OF FINANCE (HOUSE BILL 1353 SECTION 25(jjjjjjjjjj) FUNDING TO REFURBISH BALLARD PARK Council Member Davis moved, seconded by Council Member Palmer to approve the Memorandum of Understanding (MOU) with the MS Department of Finance to refurbish Ballard Park, as specified in Section 25(jjjjjjjjjj) of House Bill 1353, 2022. The vote was unanimous in favor. APPENDIX G  821 IN THE MATTER OF MOU WITH DEPARTMENT OF FINANCE (HOUSE BILL 1353 SECTION 25(kkkkkkkkkk) FUNDING FOR THE TURNAROUND AT ELVIS PRESLEY BIRTHPLACE Council Member Palmer moved, seconded by Council Member Gaston to approve the Memorandum of Understanding (MOU) with the MS Department of Finance for the turnaround at Elvis Presley Birthplace, as specified in Section 25(kkkkkkkkkk) of House Bill 1353, 2022. The vote was unanimous in favor. APPENDIX H IN THE MATTER OF MOU WITH DEPARTMENT OF FINANCE (HOUSE BILL 1353 SECTION 25(vvvvv) FUNDING FOR THE ENDVILLE ROAD IMPROVEMENT Council Member Davis moved, seconded by Council Member Beard to approve the Memorandum of Understanding (MOU) with the MS Department of Finance for the Endville Road Improvements, as specified in Section 25(vvvvv) of House Bill 1353, 2022. The vote was unanimous in favor. APPENDIX I IN THE MATTER OF LOT MOWING Council Member Beard moved, seconded by Council Member Palmer, 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.: Parcel Location 077Q3612400 1502 REED ST 089F3005600 536 WALKER ST 089F3007600 760 N MADISON ST 089F3002500 532 W BARNES ST 089F3005400 527 W BARNES ST 077F2612700 1908 W JACKSON ST 075G1501603 2662 MCCULLOUGH BLVD 077M3612501 221 RANKIN BLVD 077F2614001 1708 W JACKSON ST 077H2526100 1146 W JACKSON ST 089F3013000 605 N CHURCH ST UNIT A & B 089F3016100 572 N CHURCH ST The vote was unanimous in favor. APPENDIX J IN THE MATTER OF APPROVAL FOR DEMOLITION OF 2816 EVANS CIRCLE Council Member Davis moved, seconded by Council Member Beard, to adjudicate the following properties or parcel of land on the demolition list, which is 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):  822 2816 Evans Circle (Parcel # 106A-14-009-00) The vote was unanimous in favor. APPENDIX K IN THE MATTER OF CONSULTANT SELECTION VIA SMALL PURCHASE PROCEDURE STP-0430-00(046) LPA/109150 WARD 7 LAWNDALE ELEMENTARY SCHOOL SIDEWALK City Engineer Dennis Bonds addressed the Council asking for approval of the selection of Dabbs Corporation as the Engineering Design Consultant via small purchase procedure for project STP-0430- 00(046) LPA/109150 Ward 7 Lawndale Elementary School Sidewalk. Council Member Palmer moved, seconded by Council Member Gaston, to approve the request and to select Dabbs Corporation as the Engineering Design Consultant for this project. The vote was unanimous in favor. APPENDIX L IN THE MATTER OF CONSULTANT SELECTION VIA SMALL PURCHASE PROCEDURE STP-0430-00(047) LPA/109149 WARD 4 BARNES CROSSING SIDEWALK City Engineer Dennis Bonds addressed the Council asking for approval of the selection of Dabbs Corporation as the Engineering Design Consultant via small purchase procedure for project STP-0430- 00(047) LPA/109149 Ward 4 Barnes Crossing Sidewalk. Council Member Davis moved, seconded by Council Member Beard, to approve the request and to select Dabbs Corporation as the Engineering Design Consultant for this project. The vote was unanimous in favor. APPENDIX M IN THE MATTER OF SURPLUSING WEAPON FOR RETIREMENT Council Member Palmer moved, seconded by Council Member Beard, to surplus the Glock model 45 9mm, SN BKLY454 and allow Police Captain Bruce Dodson to purchase same in the amount of $1.00 upon his retirement from the City of Tupelo Police Department. The vote was unanimous in favor. APPENDIX N IN THE MATTER OF MOA BETWEEN TPD AND BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (ATF) Council Member Beard moved, seconded by Council Member Palmer, to approve a Memorandum of Agreement (MOA) between the Tupelo Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for the purpose of reimbursement of overtime salary costs and other costs with prior ATF approval. The vote was unanimous in favor. APPENDIX O IN THE MATTER OF APPROVAL OF BLUE CROSS BLUE SHIELD GRANT FOR THE HEALTHY HEROES PROGRAM FOR TUPELO PARKS AND RECREATION Council Member Beard moved, seconded by Council Member Gaston, to approve the application for a Blue Cross Blue Shield grant for the Healthy Heroes Program for Tupelo Park and Recreation. If awarded, the $100,000 grant will be spent on outdoor exercise equipment at Ballard Park and a new playground at Robins Field. The vote was unanimous in favor. APPENDIX P  823 IN THE MATTER OF ANNUAL POLICE ADVISORY BOARD REPORT Council Member Beard moved, seconded by Council Member Palmer, to accept the 2022 Annual Police Advisory Board Report. The vote was unanimous in favor. APPENDIX Q IN THE MATTER OF ACCEPTANCE OF TRA MINUTES OF JULY 6, 2022 Council Member Davis moved, seconded by Council Member Beard, to accept the minutes of the Tupelo Redevelopment Agency minutes of July 6, 2022. The vote was unanimous in favor. APPENDIX R IN THE MATTER OF PLANNING COMMITTEE MINUTES OF JUNE 6, 2022 WITH THE EXCEPTION OF MAJOR SITE PLANS FOR TULIP CREEK APARTMENT DEVELOPMENT Council Member Davis moved, seconded by Council Member Beard, to accept the planning committee minutes of June 6, 2022, with the exception of the Major Site Plans for Tulip Creek Apartment Development. The vote was unanimous in favor. APPENDIX S IN THE MATTER OF PLANNING COMMITTEE MINUTES OF JULY 11, 2022 WITH THE EXCEPTION OF MAJOR SITE PLANS FOR FLOWERDALE COMMONS APARTMENT DEVELOPMENT Council Member Gaston moved, seconded by Council Member Davis to accept the planning committee minutes of the July 11, 2022, meeting with the exception of Major Site Plans for Flowerdale Commons Apartment Development. The vote was unanimous in favor. APPENDIX T STUDY AGENDA IN THE MATTER OF MAJOR SITE PLAN APPLICATION MSP22-02 FOR TULIP CREEK APARTMENT DEVELOPMENT Upon the unanimous agreement of the City Council, the Major Site Plan Application MSP22-02 for the Tulip Creek Apartment Development was moved from the Study Agenda to the Active Agenda at the next Regular meeting of the City Council. IN THE MATTER OF MAJOR SITE PLAN APPLICATION MSP22-01 FOR FLOWERDALE COMMONS APARTMENT DEVELOPMENT Upon the unanimous agreement of the City Council, the Major Site Plan Application MSP22-01 for the Flowerdale Commons Apartment Development was moved from the Study Agenda to the Active Agenda for the next Regular meeting of the City Council. ADJOURNMENT There being no further business to come before the Council at this time, Council member Beard moved,  825 APPENDIX A  826 APPENDIX A  827 APPENDIX B  828 APPENDIX B  829 APPENDIX B  830 APPENDIX B  831 APPENDIX B  832 APPENDIX B  833 APPENDIX B  834 APPENDIX C  835 APPENDIX C  836 APPENDIX C  837 APPENDIX C  838 APPENDIX C  839 APPENDIX C  840 APPENDIX C  841 APPENDIX C  842 APPENDIX C  843 APPENDIX C  844 APPENDIX C  845 APPENDIX C  846 APPENDIX C  847 APPENDIX C  848 APPENDIX C  849 APPENDIX C  850 APPENDIX C  851 APPENDIX C  852 APPENDIX C  853 APPENDIX C  854 APPENDIX C  855 APPENDIX C  856 APPENDIX D  857 APPENDIX D  858 APPENDIX D  859 APPENDIX D  860 CHECK INFORMATION FOR COUNCIL MEETING July 19, 2022 FUND CHECK NUMBERS POOL CASH ID-411357-411361; 411362-411666 EFT 50001706-50001727 TWL ADJUSTMENTS ELECTRONIC TRANSFERS AS SHOWN ON THE FACE OF DOCKET INVOICES AS SHOWN ON FACE OF DOCKET APPENDIX E 861 862 864  865 APPENDIX G  866 APPENDIX G  868 APPENDIX G  869 APPENDIX H  870 APPENDIX H  872 APPENDIX H  873 APPENDIX I  874 APPENDIX I  876 APPENDIX I  Item # 1 and 24 Final Lot Mowing Report for 7/19/22 Violation Ref Parcel Location Owner Owner Address Owner City State Zip Inspector 1. 41857 077Q3612400 1502 REED ST SWINEA JAMES 421 RD 830 PLANTERSVILLE, MS 38862 SB (LUCILLE) 2. 41861 089F3005600 536 WALKER ST SANDERS SHEILA 2512 SOUTH GLOSTER TUPELO, MS 38801 SB 3. 41862 089F3007600 760 N CUNNINGHAM 4208 31ST ST MOUNT RAINIER, MD 20712 SB MADISON ST BEATRICE ESTATE 4. 41863 089F3002500 532 W BARNES CHRISTIAN 906 N MADISON ST TUPELO, MS 38804 SB ST CAREPLEX 5. 41864 089F3005400 527 W BARNES BENNETT HILLS P O BOX 3786 MERIDIAN, MS 39303-3786 SB ST INC 6. 41866 077F2612700 1908 W LEECH JOHNNY F 1107 CLAYTON AVENUE TUPELO, MS 38804 SB JACKSON ST JR 7. 41867 075G1501603 2662 SAIA MOTOR 11465 JOHNS CREEK PKWY SUITE 400 JOHNS CREEK, GA 30097 DS MCCULLOUGH FREIGHT LINE LLC BLVD 8. 41870 077M3612501 RANKIN BLVD WADDELL AUSTIN P O BOX 423 BELDEN, MS 38826 DS 877 9. 41874 077F2614001 1708 W FITTS THOMAS N 140 LEIGHTON RD OXFORD, MS 38655 SB JACKSON ST & DOROTHY A 10. 41876 077H2526100 1146 W MARTIN HERMAN 5026 PURNELL ROAD BELDEN, MS 38826 SB JACKSON ST & GWENDA 11. 41885 089F3013000 605 N CHURCH NE MS HABITAT P O BOX 7321 TUPELO, MS 38802 SB ST UNIT A & B FOR HUMANITY INC 12. 41886 089F3016100 572 N CHURCH AGNEW FRANK 201 W DOZIER ST TUPELO, MS 38804 SB ST APPENDIX J  Final Lot Mowing Report for 7/19/22 Violation Ref Parcel Location Owner Owner Address Owner City State Zip Inspector 13. 41887 103C0500300 5150-5152 STANFORD 2505 CONFEDERATE TUPELO, MS 38801 DS FROG EDWIN H MEADOW LN 14. 41892 088Q3404802 140 MCNEECE DELIA KURT F 3416 SUMMERLIN DR BELDEN, MS 38826 RS ST 15. 16. 17. 18. 19. 20. 878 21. 22. 23. 24. APPENDIX J  879 AGENDA REQUEST TO: Mayor and City Council FROM: Tanner Newman, Director of Development Services DATE July 19, 2022 SUBJECT: IN THE MATTER OF REVIEW/APPROVE PROPERTY FOR DEMOLITION TN Request: The Department of Development Services requests that the Council approve the demolition of the following property: 2816 EVANS CIRCLE (PARCEL #106A-14-009-00) 880 881 882 883  884 2816 EVANS CIRCLE BASIC INFORMATION  PARCEL: 106A-14-009-00  CASE: 40705 (24029)  WARD: 7  TAX VALUE: $32,930.  VACANT: YES  REPAIRABLE: NO NEARBY PROPERTIES/ TAXES Right side 2808 EVANS CIRCLE $41,590. Left side 2828 EVANS CIRCLE $ 41,660. Rear VACANT LANE $ Across street 2323 EVANS CIRCLE $ 35,800. TAXES/LIENS Taxes – NO City Liens-YES 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 11  CURRENT STATUS –BLDG MAINTENANCE  This house is owned by a mortgage company from the coast. The owner has made no attempt to repair the dilapidated property. It has been vacant for at least 5 yrs.  885 PICTURES 886  887 AGENDA REQUEST TO: Mayor and City Council FROM: Dennis Bonds, City Engineer DATE July 6, 2022 IN THE MATTER OF CONSULTANT SELECTION VIA SMALL PURCHASE SUBJECT: PROCEDURE STP-0430-00(046)LPA/109150 WARD 7 LAWNDALE ELEMENTARY SCHOOL SIDEWALK DB Request: DRB See attached letter regarding selection of Dabbs Corporation as the Engineering Design Consultant for the above referenced project.  888 City of Tupelo June 24, 2022 Stephen Rone Consultant Services Director Mississippi Department of Transportation P.0. Box 1850 COUNCIL Jackson, Mississippi 39215 Chad Mims RE: CONSULTANT SELECTION VIA SMALL PURCHASE PROCEDURE Ward One STP-0430-00(046)LPA/109150 WARD 7 LAWNDALE ELEMENTARY SCHOOL SIDEWALK Lynn Bryan CITY OF TUPELO, LEE COUNTY, MISSISSIPPI Ward Two Dear Mr. Rone: Travis Beard With this letter, the City of Tupelo is requesting to use the Small Purchase Procedures as Ward Three outlined in the Local Public Agency Consultant Operating Procedures for Professional Services, Section 2.2.1 Small Purchase Procedures, for the selection of the professional engineering Nettie Y. Davis consultant to provide preliminary engineering services for the referenced project. Ward Four The City of Tupelo has considered (3) three qualified firms for this project, including Dabbs Buddy Palmer Corporation, Cook-Coggin Engineers, Inc. and Engineering Solutions, Inc. By our internal Ward Five selection process, we have selected Dabbs Corporation as our Professional Services Consultant for preliminary engineering services to assist us with this Project. The total cost for these services that will be utilizing federal funds for the Consultant selected are estimated to be less Mike Bryan than the Federal Simplified Acquisition Threshold. Ward Six Thank you for your time and consideration. Please call me at (662) 841-6513 if you have any Rosie Jones questions, concerns or comments. Ward Seven Sincerely, CITY OF TUPELO, MISSSISSIPPI Todd Jordan Mayor C: Mr. Lee Frederick, State LPA Engineer, MDOT Mr. Travis Wampler, District 1 LPA Coordinator, MDOT Mr. Dennis Bonds, PE, LPA Project Director, City of Tupelo 71 East Troy St. • P.O. Box 1485 • Tupelo, Mississippi 38802-1485 • 662-840-2078 • Fax 662-841-6550  889 AGENDA REQUEST TO: Mayor and City Council FROM: Dennis Bonds, City Engineer DATE July 6, 2022 IN THE MATTER OF CONSULTANT SELECTION VIA SMALL PURCHASE SUBJECT: PROCEDURE STP-0430-00(047)LPA/109149 WARD 4 BARNES CROSSING SIDEWALK DB Request: DRB See attached letter regarding selection of Dabbs Corporation as the Engineering Design Consultant for the above referenced project.  890 City of Tupelo June 24, 2022 Stephen Rone Consultant Services Director Mississippi Department of Transportation P.0. Box 1850 COUNCIL Jackson, Mississippi 39215 Chad Mims RE: CONSULTANT SELECTION VIA SMALL PURCHASE PROCEDURE Ward One STP-0430-00(047)LPA/109149 WARD 4 BARNES CROSSING SIDEWALK Lynn Bryan CITY OF TUPELO, LEE COUNTY, MISSISSIPPI Ward Two Dear Mr. Rone: Travis Beard With this letter, the City of Tupelo is requesting to use the Small Purchase Procedures as Ward Three outlined in the Local Public Agency Consultant Operating Procedures for Professional Services, Section 2.2.1 Small Purchase Procedures, for the selection of the professional engineering Nettie Y. Davis consultant to provide preliminary engineering services for the referenced project. Ward Four The City of Tupelo has considered (3) three qualified firms for this project, including Dabbs Buddy Palmer Corporation, Cook-Coggin Engineers, Inc. and Engineering Solutions, Inc. By our internal Ward Five selection process, we have selected Dabbs Corporation as our Professional Services Consultant for preliminary engineering services to assist us with this Project. The total cost for these services that will be utilizing federal funds for the Consultant selected are estimated to be less Mike Bryan than the Federal Simplified Acquisition Threshold. Ward Six Thank you for your time and consideration. Please call me at (662) 841-6513 if you have any Rosie Jones questions, concerns or comments. Ward Seven Sincerely, CITY OF TUPELO, MISSSISSIPPI Todd Jordan Mayor C: Mr. Lee Frederick, State LPA Engineer, MDOT Mr. Travis Wampler, District 1 LPA Coordinator, MDOT Mr. Dennis Bonds, PE, LPA Project Director, City of Tupelo 71 East Troy St. • P.O. Box 1485 • Tupelo, Mississippi 38802-1485 • 662-840-2078 • Fax 662-841-6550  891 AGENDA REQUEST TO: Mayor and City Council FROM: John Quaka, Chief DATE July 6, 2022 SUBJECT: IN THE MATTER OF SURPLUSING WEAPON FOR RETIREMENT JQ Request: Please accept this letter of request to surplus Captain Bruce Dodson’s duty weapon (Glock Model 45, 9mm) serial number BKLY454 for $1.00, which will be turned over to him for his retirement from the City of Tupelo and the Tupelo Police Department, as permissible under Mississippi State Statue 45-9-131. In following with Tupelo Police Department tradition, I request that this weapon be declared surplus for stated reason.  892 6/13/22 To: TPD Command Staff Bruce Dodson - Retirement Letter I have enjoyed my career at the Tupelo Police Department, but I am ready to pursue other opportunities. My last day will be 6/30/22. I submitted all required paperwork to HR on 6/13/22. I would also ask that I be allowed to purchase my duty weapon as part of my retirement. Thank you for everything over the years. I have always been proud to be part of the Tupelo Police Department. Bruce Dodson  893 APPENDIX O  894 APPENDIX O  895 APPENDIX O  896 APPENDIX O  897 APPENDIX O  898 APPENDIX O  899 AGENDA REQUEST TO: Mayor and City Council FROM: Alex Farned, Director DATE July SUBJECT: IN THE MATTER OF APPROVAL OF BLUE CROSS BLUE SHIELD GRANT FOR THE HEALTHY HEROES PROGRAM FOR TUPELO PARKS AND RECREATION AF Request: We would like the Mayor and City Council to approve the grant from Blue Cross Blue Shield for the Healthy Heroes program that will be taught in all K-5 schools at TPSD. This program will run from September 2022 through October 2023. NOTE: Grant is for $100,000 to be spent on outdoor exercise equipment at Ballard Park and a new playground at Robins Field. 900 901 902 903 904 905 906 907 908  909 11 July 2022 Annual Report To City Council for June 2021 / June 2022 From the Police Advisory Board 1. The Ordinance that established this board that was approved on 27 June 2017, requires an annual report to the City Council of the activities of the Board. 2. This report is for June 2021 thru June 2022. We have completed our Fifth Year on 27 June 2022. 3. As a reminder, the Advisory Board was approved on 27 June 2017 and we spent the first year in existence primarily conducting training (in addition to those members who were enrolled and completed the Citizens Police Academy) to ensure that all of the members of the board were up to speed. Deputy Chief Allan Gilbert was in charge of all of the training conducted and it was outstanding. We all gained a great deal from his knowledge and leadership. 1 APPENDIX Q  910 At this time, all but one current member of the Board has completed the Citizens Police Academy. The remaining member and any new appointments will attend the next session. Having completed the Academy, along with the understanding of the TPD existing Policies and Procedures gives each Board Member a wealth of knowledge in which to use to answer questions from the Public now that they have a better understanding of the law and TPD. 4. To date we have had only one formal request from a Citizen utilizing our policy to address the board, however that individual decided not to follow through with the request. 5. The Power Point Presentation I developed continues to be available to introduce the Tupelo Citizen’s Police Advisory Board and each Board Member has a copy to use as they deem appropriate. 6. Collectively we have attended every neighborhood association meeting in the city. In addition, several of us have attended other meetings. All comments received from citizens regarding the police department have been addressed with the Chief in our meetings and appropriate action has been taken in all instances. Most of the comments are regarding traffic violations, such as speeding, running stop signs, etc. Such things 2 APPENDIX Q  911 as extra patrols have been provided where deemed appropriate by the Command Staff to remedy these problems. In addition, the members of the Board have been utilizing the “Chief’s Monthly Report” to the board that covers all of the statistics for the previous month to better inform the citizens at their local meetings. Many are amazed at the activity and had no idea of what the officers experienced each day and over the course of a month. With the city broken down into 8 zones and only one patrol officer assigned to each zone (plus a backup, a supervisor, and the Shift Commander), it is amazing what these offices get accomplished in a days-time with the calls for service running 5 to 6 thousand per month. This report also includes the activities of the other sections such as narcotics, CID, Special Operations, Animal Control, EOD, etc., who are also available for backup to the patrol division. 7. We will continue the community involvement type efforts. With the help of Lt White, the TPD COP Coordinator, we will be able to continue to make ourselves known and hopefully continue to receive constructive feedback to pass on to the Chief to improve what is already an outstanding Police Department. 3 APPENDIX Q  912 8. We currently have all authorized slots for Board Members filled, however, we will have several Board Members who will be completing their second terms and must be replaced within the next month. Those slots needing to be replaced are: Ward 4 (Aaron Washington), Ward 5 (Larry Presley), and 1 Mayoral appointee (Michael Stegall) as he does not wish to be reappointed to a second term due to a work conflict. In addition, the mayor needs to appoint a new Vice Chairman to replace Larry Presley, the current Vice Chair, who is rotating off the board. 9. We look forward to continuing to work with Chief John Quaka. Chief Quaka has been very supportive of the Board and has injected some of his ideas to help improve the workings of the Board. The most recent being a recommendation that we meet every other month rather than monthly. This was approved by the Board and a request for the change was submitted to the City Council and received your approval on 17 May 2022. We will begin meeting in the months of January, March, May, July, September, and November. The meeting time and date will remain the second Wednesday of each month at 3:30 pm. 10. Because of the reduced meetings we will review our attendance policy and if approved will submit a 4 APPENDIX Q  913 proposal to the City Council to change the Ordinance accordingly, 11. I invite all Council Members to attend one of our Board Meetings as you have the available time. We meet the Second Wednesday of each scheduled month at 3:30 p.m. in the Community Room at the Tupelo Police Department. 12. Please feel free to contact me with any questions or comments you may have. Respectfully submitted: Bill Allen Chair Citizens Police Advisory Board 5 APPENDIX Q  914 APPENDIX R  915 APPENDIX R  916 APPENDIX R  917 APPENDIX R  918 APPENDIX R  919 APPENDIX R  920 APPENDIX R  921 APPENDIX R  922 APPENDIX R  923 AGENDA REQUEST TO: Mayor and City Council FROM: Tanner Newman, Director of Development Services DATE July 19, 2022 SUBJECT: IN THE MATTER OF REVIEW/ACCEPT PLANNING COMMITTEE MINUTES OF JUNE 6, 2022 TN Request: The minutes of the June 6, 2022 Tupelo Planning Committee meeting are attached. Action Taken by Committee 1) Approved application FLEX22-03 allowing Estes Garage at 5315 Purnell Road a flexible use to expand a non-conforming use in an MDR Zoning District. 2) Recommended City Council Approval of application MSP22-02, Major Site Plan for Tulip Creek Apartment Development off North Eason Boulevard in an MUE Zone.  924 MINUTES OF THE TUPELO PLANNING COMMITTEE REGULAR MEETING Monday, June 6, 2022 6:00 PM Council Chambers CALL TO ORDER Chair Pam Hadley called the meeting to order. Committee members Scott Davis, Gus Hildenbrand, Patti Thompson Lindsey Leake, Leslie Mart, Chair Pam Hadley, Mark Williams, and Bentley Nolan were present. Staff members present included City Planner Jenny Savely, Director of Development Services Tanner Newman and Zoning Administrator Russ Wilson. Chair Hadley asked Mark Williams to open with a prayer and Patti Thompson to lead the pledge. Chair Hadley then presented an opening statement of the committee purpose and reviewed how the committee conducts its business. The Staff and Committee were then asked to introduce themselves and did so. REVIEW OF MINUTES Hadley asked for a motion to approve the minutes of the May 7, 2022 meeting. Leslie Mart motioned to approve, seconded by Mark Williams and the motion was approved unanimously. Hadley then opened the regular session section of the meeting. REPORT ON COUNCIL ACTIONS City Planner Jenny Savely reported that the May Planning Committee minutes were approved by the City Council and that the Council would take up the Major Site Plan review for Butler Park 2 at their June 7 th meeting. Old Business City Planner Savely also reported on the tabled Text Amendments to the Development Code. Instead of having one big proposal with all the text amendments, she has elected to break them down by section of the development code and as the Planning Committee moves through them, she will present them to the City Council during their work session and then request final approval from the Council when all those documents have been approved by the Planning Committee. NEW BUSINESS FLEX22-03 5315 Purnell Road – Estes Garage requests flexible use approval to change, re-establish, expand, alter or make major repairs to a non-conforming use in an MDR Zoning District. Planner Savely presented the staff analysis for the application and showed a Google Earth Map onscreen of the street view of Estes Garage on Purnell Road. Vehicle Service is not an allowed use in a residential zone so any expansion would require flexible use approval by the Planning Committee. This expansion also required a change in the lot lines to accommodate setbacks for the new addition. This change in lot lines has already been done. Current code requires that the garbage dumpster be enclosed, but staff is recommending as a condition of approval, that the fence along the front east side of the storage area be slatted in order to block the view of the storage yard as well as the dumpster, thus no enclosure will be required around the dumpster which is now located inside the fenced in area. Hadley asked the applicant to step forward. Mr. Kevin Walls, owner of K&S Services, DBA Estes Garage stepped to the podium. Walls purchased the business in 2006. The front building was built in 1978, was added  925 onto in 1983. Their business has grown so much and the area surrounding them has grown. They want to add 3 more bays. They have 10 lifts, two flat bays and are one of NAPAs largest dealers, in the top 4 in the state. Walls explained their business standards, employee training and how they have grown four-fold since they started, have six families represented on staff, and are staying on top of current auto technology and have to add on. Wall added that he had already moved the dumpster inside the fence, and has already ordered the slats that will go into the current fence to shield the view. Walls said he has changed the lot lines and owns both lots. Tanner Newman thanked Walls for how clean they keep their property. Walls encouraged the Committee to approve the addition. There were no questions from the public so Hadley closed the public input portion of the meeting and opened up discussion between the committee members. Scott Davis made a motion to approve with the condition that the applicant install the slats across the front portion of the fence as discussed. Bentley Nolan seconded the motion which was approved unanimously by the committee. MSP22-02 Major Site Plan for 48-Unit Apartment Development off North Eason Boulevard in an MUE Zone. City Planner Savely presented the staff Analysis to the committee. This is already an approved use in this zone, but a Major Site Plan must be approved by the Planning Committee before the applicant can proceed. Everything has been presented as requested and Staff recommends approval contingent upon a tree survey being submitted. This is a Use by Right in this zoning district so the site plan is what is before the committee. It is a 4.5 acre development on a 14 acre lot in an MUE Zoning District. The remaining land surrounding the development will be kept as a tree buffer. The other uses surrounding the parcel are primarily industrial but there are 4 residential parcels within 500 feet. Jay Bryan with McCarty Architects came forward to explain the application. This is a six building 48 unit apartment complex with two and three bedroom units with a shared community building off of North Eason. Bryan mentioned they are in the process of getting the tree survey done. Chairman Hadley opened the public input portion and asked if there was anyone present who wished to speak. Hearing none she closed the public input portion and opened the meeting to discussion by the members of the committee. Gus Hildenbrand asked about tree harvesting. The applicant said they had not done that yet since they planned to leave most of the trees as a landscape buffer surrounding the development from the industrial area adjacent to the property. The applicant also wanted to wait until they had received permission from the committee first. Gus Hildenbrand also asked about a traffic study and stated that one was needed and that it should be done by a third party. Bryan said that they were not against doing that. Leslie Mart asked about what appeared to be two mounds on the property, which she thought could possibly be burial mounds. City Planner Savely said that this is not in a Chickasaw Review area but if a developer finds anything during development, work would stop immediately and they would be notified for further review. Mart asked if a dual lane divided entrance with landscaping was required. Savely deferred to Zoning Administrator Wilson who stated that the code does require that any entrances to an apartment development must be dual lane divided by a landscaped median. Since there is only enough frontage for one point of entry/exit, that one will be required to meet this requirement and is shown as doing so on the plan provided. Savely clarified that a traffic impact analysis is not required by code, but that the Committee can require one if it feels it is appropriate. Mart stated that she felt that it should be done as Hildenbrand suggested and that it be done by a disinterested third part. Scott Davis agreed and thought that it should be required on any apartment development.  926 Mart asked developer Britton Jones about ADA parking. Jones said that they were required to have 5% ADA parking for the development. Mart thought that they should be spread out, such as two per building even while not required to do so by code. The developer agreed to look at that. Jay Bryan asked how the Traffic Impact Study could be required since it is not required by code. Director of Development Service Tanner Newman stated that while it is not required by the Department of Development Services, it can be required if the Planning Committee made that as a condition of approval. Bryan said they had no problem with that but asked if their own people who are actually outside consultants could be doing the study. It was clarified by Patti Thompson that it should be done by a disinterested party. Leslie Mart made a motion to approve the major site plan, contingent upon review and acceptance from the Department of Development Services of a Tree Survey and the Traffic Impact Analysis performed by a disinterested third party. The motion was seconded by Gus Hildenbrand. All voted in favor for a unanimous vote to approve the motion. The July work session was set for Monday, June 27 at 5:15PM and the July meeting was set for Tuesday July 5, 2022 due to the fact that Monday July 4th is the Independence Day Holiday. Staff reported that there could be one application for the July meeting, but that item has not been confirmed at this time. Patti Thompson made a motion to adjourn, seconded by Leslie Mart with a unanimous vote to approve. The meeting was adjourned.  927 AGENDA REQUEST TO: Mayor and City Council FROM: Tanner Newman, Director of Development Services DATE July 19, 2022 SUBJECT: IN THE MATTER OF REVIEW/ACCEPT PLANNING COMMITTEE MINUTES OF JULY 11, 2022 TN Request: The minutes of the July 11, 2022 Tupelo Planning Committee meeting will be provided prior to the Council meeting. Acceptance of Minutes does not equal approval of action recommended within the Minutes. Action Taken by Committee 1) Recommended City Council reject application MSP22-01, Major Site Plan for Flowerdale Commons apartment development located on the East side of Parcel 075V- 22-001-00 West of Colonial Estates Road and South of McCullough Blvd. in an MUE Zone. The committee voted 4-2 to recommend the City Council disapprove the Major Site Plan based on City of Tupelo Development Code Section 12.11.4 (f), Site Review Criteria, which requires the Committee to review according to the following: “The site plan includes an adequate design of traffic patterns, traffic control measures and street pavement areas and has provisions for maintaining traffic flow and reducing negative impacts of traffic on nearby properties.”  928 Item # 34 MINUTES OF THE TUPELO PLANNING COMMITTEE REGULAR MEETING Monday, July 11, 2022 6:00 PM Council Chambers CALL TO ORDER Chair Pam Hadley called the meeting to order. Committee members Scott Davis, Gus Hildenbrand, Patti Thompson, Lindsey Leake, Leslie Mart, and Chair Pam Hadley were present. Members Mark Williams and Bentley Nolan were absent. Staff members present included City Planner Jenny Savely, Director of Development Services Tanner Newman and Zoning Administrator Russ Wilson. City Attorney Ben Logan joined in by phone, and Assistant City Attorney Stephen Reed was present. Chair Hadley asked Patti Thompson to open with a prayer and Scott Davis to lead the pledge. Chair Hadley then presented an opening statement of the committee purpose and reviewed how the committee conducts its business. The Staff and Committee were then asked to introduce themselves and did so. REVIEW OF MINUTES Hadley asked for a motion to approve the minutes of the June 6, 2022 meeting. Lindsey Leake motioned to approve, seconded by Scott Davis and the motion was approved unanimously. Hadley then opened the regular session section of the meeting. REPORT ON COUNCIL ACTIONS City Planner Jenny Savely reported that there was no update on City Council actions. Old Business City Planner Savely reported that the City Council at their May 2nd meeting tabled the Text Amendments to the Development Code. That tabled item is set to expire on July 25th and requested that the regular work session date of July 25th be made into the August regular Planning Committee meeting in order to prevent that tabled item from expiring. Leslie Mart motioned to move the August regular meeting to July 25 th, seconded by Scott Davis and passed unanimously. MSP22-01 Flowerdale Commons Apartment Complex on Colonial Estates Road South of McCullough Blvd Chair Hadley asked City Planner Savely to present the staff analysis for this previously tabled item. Savely reported that on May 2, 2022 the Committee tabled this item. Site plans have been revised as the Planning Committee requested, a stormwater management plan was developed as well as a Traffic Impact Analysis was provided as requested. There are 7 two story apartment buildings as well as a community building, all of which includes 46 units on Colonial Estates Road near McCullough Boulevard. Savely said there are very clear criteria required for how the Planning Committee is to review this. The developer has met all criteria beyond expectation. This is being reviewed as a Major Site Plan which are required to be reviewed for Multi-Family developments by the Planning Committee, however, this in a Mixed Use Employment zone is a Use by Right, which means that the Planning Committee, should the developer as they have, meet the expectations of the Development Code, they shall approve the permitting of development as such, the Planning Committee will be recommending approval or disapproval to the City Council, which will be reviewed July 19th. So, our role here is to make a recommendation based on the facts of the code and what has been presented for the development in the site plan. All requirements relative to this site, and there is a clear list included in our code – natural characteristics of the site, parking, traffic patterns, floor elevations, stormwater and easements as well as additional traffic analysis which was submitted, and reviewed in-house, passed all required  929 Item # 34 inspections by Department of Development Services. The developer is here now to present a presentation for the review of the Planning Committee. Chair Hadley asked the applicant’s representative to come forward to present. Hadley asked that he state his name and address. Stewart Rutledge, 1739 University Avenue, Suite 116, Oxford came forward to present on behalf of Flowerdale Commons. This is a privately owned community to be developed just SW of the intersection of McCullough and Colonial Estates Road, just north the Airport runway and just south of the railroad tracks. This land is currently used for farming, surrounded by non-residential uses, adjoined on the north by commercial and industrial uses, on the south by governmental and industrial uses by way of the Tupelo Airport runway and on the west by more farmlands. This was zoned Mixed Use Employment by unanimous action of the Tupelo City Council in October of 2013 and the City of Tupelo has provided two zoning verification letters confirming that the zoning is appropriate for the intended use and is entitled by right. The development team has worked closely with the City of Tupelo to insure that the (Flowerdale Commons) community not only meets the ordinances but that it exceeds the ordinances. Further, the (Flowerdale Commons) community will be superior in quality and aesthetics to the nearest residential projects. Flowerdale Commons was first presented on May 2, 2022, was tabled pending the resolution of three items, the TIA, water detention and erosion control elements, and revision of the structures to comply with current building length standards. As confirmed by the City of Tupelo, Flowerdale Commons has met all the requirements in the code and has fully addressed all of items requested by the Planning Committee at that May meeting. Of note, the project engineer, ESI, provided a traffic impact analysis as requested, but the developer, in order to insure the satisfaction of the Planning Committee, obtained a second traffic impact analysis by engineering firm W.L. Burley. Both studies confirmed, with no qualifications, that the development will have no significant impact on Colonial Estates Road, and that additional capacity will remain on that road. Rutledge mentioned that as Chair Hadley said at the beginning of the meeting “this committee is tasked with making a recommendation to the Council solely based on the criteria contained in the code.” Rutledge stated that Flowerdale Commons has indisputably met all requirements for obtaining site plan approval and Section 12.11.4 of the Tupelo Development Code states “site plans that meet the following criteria (listed), shall be approved by the approving authority”. As such, we respectfully request, pursuant to the Tupelo Code, that the Planning Committee recommend site plan approval for Flowerdale Commons. Chair Hadley then opened the floor for public comment. Hadley stated that the committee has received several letters and emails from several people that are on record including those that have spoken before so there is no need for those to speak again. There will be a three-minute time limit and a sign-up sheet for the record. 1. Lee Durret, 2605 Old Belden Circle came forward to speak against the development, representing Joe Estess with Magnolia Business Center, with concerns about the intent of the MUE Zoning district being employment instead of a residential use for this property. He quoted several areas of section 4 concerning MUE and is against this development. 2. Glenn McCullough Jr., 245 CR183, Tupelo came forward to speak against the development. McCullough did not think that the code had been met, stating that section 4.1.2.1 speaks to the intent of the code and feels that the Flowerdale Commons development does not meet the intent of the code. He quoted the code and felt that multi-family apartment complexes don’t fit in MUE, and suggested that another location be found. 3. Adrian Caldwell, 2756 Prarie View came forward and spoke against the development. Caldwell thought the development would make the elderly nervous and questioned the traffic study and related that someone saw a person in a pickup, sometimes asleep, after 9AM when traffic was gone. Caldwell noted the terrible drop-off on the sides and thought it can’t handle more traffic and suggested another location be found.  930 Item # 34 4. Rosie Jones, City Council Ward 7 came forward to speak saying there were no concerns about the buildings being built – We need housing and businesses would benefit – These make-believe people in apartments that haven’t been built will have to follow rules and regulations. Being afraid or nervous of people that haven’t moved in yet. Jones asked anyone with concerns about the buildings or codes to come forward and speak about that, because we need a reason about what’s wrong with it. 5. Wesley Webb, Lee County Supervisor, District 3, 967 N Coley Road, came forward to speak. He has worked with Rutledge but is concerned about home values. Webb said if they were on the other side of McCullough where the other apartments are he’d be fine with that, but feels it’s not the right location. Webb recounted his experience on the Major Thoroughfare Committee and past experience and concerns with traffic patterns. 6. Donnie Elkin, 4146 South Bloom, Belden, a retired police officer came forward to speak against the location and recounted his experiences with apartments while living in Columbus, MS. 7. Jacob Beene, 1206 Kincannon, Tupelo spoke against the development stating a concern about future expansion of the airport runway if the development is approved. 8. Craig Waddle, 2448 McCullough spoke against the development stating a concern about the current traffic problem and adding even more. His 8 acres impact about 250 people in this community. The 11 acres for apartments will take out land that could be used for business development. 9. Linda Collins, 2774 Prarie View, Tupelo spoke against the apartment development concerned about potential changes in the area brought on by walking traffic from the apartments to her neighborhood’s park, which could become a public park. She asked about the rent for these low-income apartments and who is subsidizing the rent. 10. Mary Conner Adcock, 1304 Lawhon, Tupelo came to the podium to speak against the development. Adcock said that the committee has to do what is best for the community, and doesn’t have to vote for it. She presented a stack of 200 who had signed a petition against the project and if it proceeds will damage their development which is affordable housing under $200,000. 11. Nancy Adams, 3562 Cotton Bowl Lane, Tupelo spoke about the traffic study and said she saw a gentleman in a pickup on one end of Colonial Estates but never during high traffic times. There being no others to speak, Chair Hadley closed the public input portion of the hearing and allowed Mr. Rutledge to come to the podium to address the concerns of those that spoke. He moved to the screen area to do a laptop presentation on-screen a copy of which will be entered into the record. Mr. Rutledge said they have developed about 35 (apartment) communities in 6 states and wanted to present “the truth” about their developments. Some of the points in his presentation included: 1. A recap of the details of the 46-unit apartment development 2. Showed photos of the proposed development on screen 3. Disputed the information that has been sent out that the units will be low-income housing. 4. This is a $10 million investment in the community bringing new jobs to the area 5. Homes are intended for employed people. 6. Developed by Tupelo people for Tupelo people 7. Graphic representation of the area’s zoning 8. Explained the MUE zoning district’s mix of uses intent 9. Presented copies of the two zoning verification letters 10. History of the area’s zoning of the development area 11. Explanation of zoning law and Tupelo Development Code MUE Uses 12. Presented multiple letters of support 13. Presented info on awards the developer has won 14. Stated again that rents are not subsidized  931 Item # 34 15. Target their developments to serve veterans 16. Presented a map of the site and adjacent uses 17. Referred to the Comprehensive Plan 2025 and spoke to housing types needed Rutledge quoted case law and court cases related to zoning ordinances as it relates to apartment developments. There was information on the two traffic studies that were done. Rutledge also spoke to the falsehoods that have been circulated in recent weeks in objection to the project and Rutledge also noted that landowners have the right to use their property for the uses it is zoned for. Rutledge mentioned some of the email tactics and falsehoods from recent emails that have circulated which include suggestions that this is subsidized low-income apartments – false. Comparisons to hundreds of apartments on Ida Street which were Section 8 housing – he termed this as misdirection. Allegations had been made about the Planning Committee and City could make things more costly for the developer which Rutledge said was illegal to do. Rutledge also spoke of legal rulings about surrounding developers putting pressure on City leaders to prevent competing development. Rutledge said that in spite of this coordinated pressure campaign of opposition to their development, the City of Tupelo has thus far stood strong and operated according to its ordinances and he appreciates that. Rutledge ended his presentation with the following request – “It is undisputed that the Flowerdale Commons site plan meets and exceeds the City’s ordinances and that it is properly zoned by right for its intended use. But even more, the development is being constructed to higher quality standards than the surrounding community – it is being developed by an award- winning team that has a strong organic community support – it will be an asset to the City of Tupelo. For these reasons, we respectfully request that the Planning Committee approve the Site Plan’s submission for Flowerdale Commons. Thank you.” Chair Hadley closed the floor for public discussion and opened the discussion of the item between the committee members. Gus Hildenbrand asked for information on the income limits required for tenants. Rutledge responded that $60,000 was the maximum with the bottom limit being market driven. Lindsey Leake asked if that was per person or married filing jointly. Rutledge responded yes that is correct. Leslie Mart asked for further clarification and Rutledge said that it was for household income. Leslie Mart said that Britton Jones stated earlier that this was described as low income subsidized housing. Rutledge clarified that this was not Section 8, but tax incentive funding with no government funding. Investors get a tax credit, but no government subsidies. Scott Davis asked what the requirements were that make this project any different than others. Rutledge responded that they are committed to serving this segment of the population. If someone makes more than that level, they have to say no, they can’t rent to them. Scott Davis echoed that this was not what they heard before. Rutledge said they apply for tax credits, build to a certain quality level, and have to maintain the development for at least 15 years. This is a relatively new program. Davis questioned that the committee has seen several other presentations on apartments and no one has ever seen that through. Davis said this was about location, businesses, taxpayers, and residents don’t want this - even though the developer has shown letters of approval but seems to be saying don’t listen to the residents, take the temperature of the room. Davis stated that to ignore the citizen’s concerns about this location was not right. Rutledge said all he is doing is following the code, finding vacant land, properly zoned. If the code needs to change, have at it. Leslie Mart said that the City and Committee have been very friendly with developers in the past, rather than having a developer come in and find properties that state one thing and not necessarily compatible. She  932 Item # 34 suggested that simple conversations with officials might have prevented any animosity. Rutledge said that this animosity was mild, but mostly inaccurate. Multi-family zoned properties have a limited availability. Mart referred to the traffic studies. In driving that road, Mart said she doesn’t care what the two studies say, that this road is not appropriate for the developments that are there now, let alone adding anything else. Mart said she would be hard pressed for approval of anything else, based on the road conditions and the traffic coming through, it is a trap waiting to happen. Not the fault of the developer, but here we are with a road totally inadequate. Lindsey Leake stated that the Oxford Developments received a lot of “good feelings”. Leake asked why that was not the case here. Rutledge said the City Staff and City Leadership have been great. There was a problem in change in administrations. As soon as the new Mayor went in, they started working on this. Leake also asked about the Pontotoc developments and was told that those were in Pontotoc County, not the city so they didn’t have as much regulation but did have to get approvals. Rutledge said he had no choice but to follow the rules which he said he has done. Patti Thompson asked if there was any staff available who could speak about the legal status of the development. Assistant City Attorney Stephen Reed approached the podium. Reed stated that the matter before the committee tonight is the approval of the site plan for Flowerdale Commons. Reed’s recommendation to the Planning Committee is that they consult the site plan review criteria in Section 12.11.4 which outlines the standards that the Committee should use to address this issue and that the Committee should consult the code and that this should lead them to the answer that they need. Gus Hildenbrand asked if the Committee votes no, what are the liabilities for the Committee. Reed said that those are litigative matters that would be best taken up in an executive session and that he would not discuss those in an open meeting. Mart asked about item (f) on 12.11.4 concerning traffic. Even though the traffic impact analysis says it’s not an issue, can a member vote according to her interpretation of existing conditions not being adequate. Reed stated that the role of the Committee tonight is to make a recommendation to the City Council and if the recommendation is just that, it makes such an impact to the traffic on Colonial States that you cannot approve it, then that would be your recommendation to the Council. Chair Hadley, hearing no further discussion, asked for a motion. Mart said she realized they had checked the boxes, even with the additional TIA, that road is dangerous and could not in good conscious allow any development on that road that is going to impact that road in any capacity. Today, the way that traffic is with open ditches, narrow street and deadly corner, someone is going to die on that street. Scott Davis that Wesley Webb is a former member of the Major Thoroughfare Committee and the Committee had brought up that road several times, this is not just dreaming this up on your own. Gus Hildenbrand stated as a retired engineer, he knows that road and can make a lot of assumptions, and agrees that this road is too dangerous for this apartment complex to be built. Patti Thompson confirmed that whatever is decided tonight has to be approved by the Council. Chair Hadley did confirm that the expectation is a recommendation to the Council based on what the applicant has to do by code and what the applicant has done, that is the task. Hadley asked for a motion again. Leslie Mart made a motion to disallow or disapprove the Major Site Plan based on Section 12.11.4 (f) which refers to the traffic issue. Seconded by Gus Hildenbrand. Hildenbrand read a statement that will be entered into the record explaining why he is against the development. Scott Davis, Gus Hildenbrand, Patti Thompson, and Leslie Mart voted for disapproval of the Major Site Plan. Pam Hadley and Leslie Leake voted against disapproval of the Major Site Plan, thus the disapproval was confirmed by a vote of 4-2. Chair Hadley asked  933 Item # 34 DDS Director Tanner Newman to explain next steps. Newman thanked everyone for their participation and contribution. The City Council will take up the matter on Tuesday, July 19th for final action. NEW BUSINESS There was no new business on the agenda. The August work session was once again confirmed for Monday, July 25 at 6:00 PM as agreed on at the start of the meeting. Patti Thompson made a motion to adjourn, seconded by Scott Davis with a unanimous vote to approve. The meeting was adjourned.