Regular City Council Meeting

1 REGULAR CITY COUNCIL MEETING MUNICIPAL MINUTES CITY OF TUPELO STATE OF MISSISSIPPI JUNE 20, 2023 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 20, 2023, at 6:00 p.m. with the following in attendance: Council Members Lynn Bryan, Travis Beard, Nettie Davis, Buddy Palmer and Rosie Jones; Ben Logan, City Attorney and Missy Shelton, Clerk of the Council. Council Member Chad Mims attended by telephone. Council Member Janet Gaston was absent. Council Member Rosie Jones led the invocation. Council Member Lynn Bryan 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 Palmer, to confirm the agenda and agenda order, with the following additions: ADD #24 IN THE MATTER OF MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF TUPELO AND THE DEPARTMENT OF ARCHIVES AND HISTORY – SPAIN HOUSE ADD #25 IN THE MATTER OF MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF TUPELO AND THE DEPARTMENT OF ARCHIVES AND HISTORY – SPRING HILL CHURCH Of those present, the vote was unanimous in favor. PROCLAMATIONS, RECOGNITIONS AND REPORTS AGENDA PUBLIC RECOGNITION Council Member Nettie Davis thanked everyone for being supportive for the Juneteenth festivities and invited everyone to attend the festivities that will continue on July 1. MAYOR'S REMARKS Mayor Todd Jordan mentioned that the Fire Department's Sprint vehicle has arrived. He invited Chief Kelly Elliott to address the Council. Chief Elliott thanked the Council and Administration for their support in getting the vehicle and said he hopes there will be another one coming soon. Mayor Jordan congratulated Lucia Randle, DTMSA Director, for the Elvis Presley Festival success. Baseball teams have been flocking to the city and last weekend, the hotels were filled to 96% capacity. Mayor Jordan wished Mr. Abraham Training a happy 100th birthday. PUBLIC AGENDA  2 IN THE MATTER OF PUBLIC HEARING FOR DEMOLITIONS No one appeared to speak on the following properties for demolition: 117 & 117 ½ Highland Drive (PARCEL 077Q-36-085-00) 1108 Marquette Street (PARCEL 077G-25-112-00) 2111 President Street (PARCEL 101M-12-093-00) 1203 North Green Street (PARCEL 089B-30-065-00) 718 North Church Street (PARCEL 089F-30-072-00) IN THE MATTER OF PUBLIC HEARING FOR LOT MOWING No one appeared to speak on the following properties for lot mowing: Parcel Location 077M3610000 206 RANKIN BLVD 088N3310300 LAKE ST 077C2501600 1507 TRACE AVE 077F2613400 1830 W JACKSON ST 075J2105600 4542 LAKEWOOD LN 088F2813800 761 ELVIS PRESLEY DR 089N3103600 903 W MAIN ST 075R2205200 3528 FAIR OAKS DR 077P3502000 2089 W MAIN ST 089P3115900 411 ELLIOTT ST 101B0214000 401 MONUMENT DR 076Q2401400 1804 TRACE AVE 077C2503700 1603 OSBORNE ST ACTION AGENDA IN THE MATTER OF AMENDMENTS TO THE ANIMAL CONTROL ORDINANCE (TABLED AT MAY 2, 2023 MEETING) This item was left on the table. ROUTINE AGENDA IN THE MATTER OF MINUTES OF JUNE 6, 2023 COUNCIL MEETING Council Member Palmer moved, seconded by Council Member Beard, to approve the minutes of the Regular Council meeting of June 6, 2023. Of those present, the vote was unanimous in favor. IN THE MATTER OF BILL PAY  3 Bills were reviewed at 4:30 p.m. by Council Members Beard, Bryan, and Palmer. Council Member Davis 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 A IN THE MATTER OF ADVERTISING AND PROMOTIONAL ITEMS Council Member Beard moved, seconded by Council Member Palmer, to approve the advertising and promotional items, as presented. After a brief explanation by CFO/City Clerk Kim Hanna, of those present, the vote was unanimous in favor. APPENDIX B IN THE MATTER OF BUDGET AMENDMENT #7 FOR FY 2023 Council Member Davis moved, seconded by Council Member Beard, to approve Budget Amendment #7 for 2023, as presented by CFO/City Clerk Kim Hanna. Of those present, the vote was unanimous in favor. APPENDIX C IN THE MATTER OF RESOLUTION DECLARING THE INTENTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF TUPELO, MISSISSIPPI, TO ISSUE GENERAL OBLIGATION BONDS) Council Member Palmer moved, seconded by Council Member Beard, to adopt the following resolution: RESOLUTION DECLARING THE INTENTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF TUPELO, MISSISSIPPI, TO ISSUE GENERAL OBLIGATION BONDS OF THE CITY AND/OR ISSUE A GENERAL OBLIGATION BOND OF THE CITY FOR SALE TO THE MISSISSIPPI DEVELOPMENT BANK, IN ONE OR MORE TAXABLE OR TAX-EXEMPT SERIES, ALL IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED TWENTY MILLION DOLLARS ($20,000,000); DIRECTING THE PUBLICATION OF A NOTICE OF SUCH INTENTION; AND FOR RELATED PURPOSES Of those present, the vote was unanimous in favor. A copy of the executed document is attached hereto and made part of these minutes as APPENDIX D. IN THE MATTER OF RESOLUTION HIRING REQUIRED LEGAL COUNSEL AND AN INDEPENDENT REGISTERED MUNICIPAL ADVISOR Council Member Beard moved, seconded by Council Member Davis, to adopt the following resolution: IN THE MATTER OF RESOLUTION HIRING REQUIRED LEGAL COUNSEL AND AN INDEPENDENT REGISTERED MUNICIPAL ADVISOR Of those present, the vote was unanimous in favor. APPENDIX E IN THE MATTER OF DEMOLITIONS  4 Council Member Beard moved, seconded by Council Member Palmer, to table the demolition of the structures located at 117 and 117 ½ Highland Drive until the next regular meeting of the Tupelo City Council on July 5, 2023. Of those present, the vote was unanimous in favor. Council Member Beard moved, seconded by Council Member Davis, to adjudicate the properties and structures located at 1108 Marquette Street, 2111 President Street, 1203 North Green Street and 718 North Church Street for being a menace to the public health, safety and welfare of the community and in need of cleaning and to approve their demolition in accordance with Mississippi Code Annotated 21-19- 11. Of those present, the vote was unanimous in favor. APPENDIX F IN THE MATTER OF LOT MOWING Council Member Palmer moved, seconded by Council Member Beard, to adjudicate the properties on the final lot mowing list, as presented, menaces to the public health, safety and welfare of the community and in need of cleaning and to approve their cleaning in accordance with Mississippi Code Annotated 21-19-11.. Of those present, the vote was unanimous in favor. APPENDIX G IN THE MATTER OF APPROVAL OF RESOLUTIONS ASSESSING JUDGMENT LIENS Council Member Beard moved, seconded by Council Member Davis, to approve RESOLUTIONS ASSESSING JUDGMENT LIENS AGAINST REAL PROPERTY FOR THE COSTS ASSOCIATED WITH LOT MOWING IN ACCORDANCE WITH MISS CODE ANNOTATED § 21-19-11 , for the following properties: 107 Lakeview Drive 202 Enoch Avenue 602 South Church Street 1195 South Gloster Street 1502 Reed Street 1507 Trave Avenue 1521 Elvis Presley Drive 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). Of those present, the vote was unanimous in favor. APPENDIX H IN THE MATTER OF APPROVAL OF LIEN FOR CLEAN UP AT 2281 EDGEMONT DRIVE Council Member Palmer moved, seconded by Council Member Beard, to approve a Resolution Adjudicating Cost and Assessing Lien Against Real Property Under Miss. Cod Ann. 21-19-11 (1972 as amended) located at 2281 Edgemont Drive. Of those present, the vote was unanimous in favor. APPENDIX I IN THE MATTER OF REAPPOINTMENT OF LESLIE MART TO THE TUPELO PLANNING COMMITTEE  5 Council Member Palmer moved, seconded by Council Member Beard, to approve the reappointment of Leslie Mart to the Tupelo Planning Committee. This appointment is for a 4 year term and will expire February 2027. Of those present, the vote was unanimous in favor. APPENDIX J IN THE MATTER OF APPROVAL OF PLANNING COMMITTEE MEETING MINUTES MAY 1, 2023 Council Member Palmer moved, seconded by Council Member Beard, to approve the minutes of the May 1, 2023 meeting of the Planning Committee. Of those present, the vote was unanimous in favor. APPENDIX K IN THE MATTER OF APPROVAL OF MAJOR THOROUGHFARE COMMITTEE MEETING MINUTES OF JUNE 12, 2023 MEETING Council Member Davis moved, seconded by Council Member Beard, to accept the minutes of the Major Thoroughfare Committee of June 12, 2023. Of those present, the vote was unanimous in favor. APPENDIX L IN THE MATTER OF CONTRACT AWARD FOR BID # 2023-016WL – PRIMARY TO NORTHWEST SUBSTATION 46 kV TRANSMISSION LINE POLE CHANGEOUT Council Member Palmer moved, seconded by Council Member Beard, to approve the contract with Service Electric Company for the replacement of 46 kV transmission line poles from Tupelo Primary substation to Northwest substation. The bid for this project (Bid #2023-016WL) was approved at the April 18, 2023 in the amount of $589,158.60 and to authorize the Mayor and City Clerk to execute all documents. Of those present, the vote was unanimous in favor. APPENDIX M IN THE MATTER OF APPROVAL OF THE EMERGENCY REPLACEMENT OF A 20” PRESSURE SEWER LINE TWL Director Johnny Timmons requested that the Council approve the emergency replacement of approximately ninety-one feet (91') of 20" pressure sewer line from the central pumping station to the wastewater treatment plant. This emergency purchase is necessary to immediately repair and replace a collapsed sewer line crossing the ditch on Community Drive in order to avoid environmental issues. The estimated cost of this replacement is $22,000.00 (materials). Council Member Davis moved, seconded by Council Member Beard, to approve the replacement as an emergency purchase. Of those present, the vote was unanimous in favor. APPENDIX N IN THE MATTER OF AN EMERGENCY PURCHASE OF TWO (2) 300 kVA PADMOUNT TRANSFORMERS TWL Director Johnny Timmons requested the Council approve the emergency purchase of two (2) 300 kVA padmount transformers. The lowest quote submitted by Arkansas Electric Cooperatives, Inc. is $22,860.00 each, for a total of $45,720.00. The emergency purchase is necessary to maintain the current low, on-hand inventory of transformers whose cost is subject to review at the time of shipment and whose lead time is a minimum of 12 months.  6 Council Member Palmer moved, seconded by Council Member Jones, to find as necessary for the reasons cited above and approve the emergency purchase. Of those present, the vote was unanimous in favor. APPENDIX O IN THE MATTER OF REAPPOINTMENT OF STEPHANIE BROWNING TO CVB BOARD JUNE 13, 2023 Council Member Davis moved, seconded by Council Member Palmer, to reappoint Stephanie Browning to the CVB Board, for a 2 year term expiring June, 2025. Of those present, the vote was unanimous in favor. APPENDIX P IN THE MATTER OF APPROVAL OF REQUEST TO ALLOW INTERNATIONAL TRAVEL FOR MAYOR TODD JORDAN AND SET MAXIMUM PER DIEM RATE Council Member Palmer moved, seconded by Council Member Davis, to approve a request for Mayor Todd Jordan to travel to Japan with a delegation from the Southeast US/Japan Association (SEUS) October 7-15, 2023. The daily per diem is $125.78 for a total of $1,132.00. Of those present, the vote was unanimous in favor. APPENDIX Q IN THE MATTER OF ORDER APPROVING EXERCISE OF SECOND OPTION TO PURCHASE REAL PROPERTY WITH BSB ASSOCIATES PARTNERSHIP, OR ITS SUCCESSOR IN INTEREST, FOR THE PURPOSE OF CONSTRUCTING A CLASS II RUBBISH LANDFILL The City previously entered into an option agreement with BSB Associates Partnership to purchase property for the purposes of constructing a Class II rubbish landfill. The agreement provided two one- year options in order to allow permits to be obtained to construct the facility. The first option is expiring, and the second must be exercised before June 30, 2023. Council Member Palmer moved, seconded by Council Member Beard, to approve to exercise of the second option and pay $15,000 to BSB, or successor. Of those present, the vote was unanimous in favor. APPENDIX R IN THE MATTER OF APPROVAL AND ADOPTION OF 2023 CITY OF TUPELO AND LEE COUNTY, MISSISSIPPI INTERLOCAL COOPERATION AGREEMENT FOR THE COLLECTION OF TAXES AND TO AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT Council Member Davis moved, seconded by Council Member Beard, for the adoption of 2023 City of Tupelo and Lee County, Mississippi, Interlocal Cooperation Agreement for the Collection of Taxes and to authorize the Mayor and City Clerk to execute said agreement. The County, via its duly elected Tax Collector, shall perform all duties pertaining to the assessment and collection of city and Tupelo Public School District (hereinafter referred to as “TPSD”) ad valorem taxes with the City and TPSD on real, personal, and mobile homes (collectively referred to as “City Taxes”). For the collection of City taxes, the City agrees to pay County a fee of One Hundred and Twenty-Five Thousand Dollars ($125,000) per year during the term of this agreement. Of those present, the vote was unanimous in favor. APPENDIX S  7 IN THE MATTER OF MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF TUPEO AND THE DEPARTMENT OF ARCHIVES AND HISTORY – SPAIN HOUSE Council Member Davis moved, seconded by Council Member Palmer, to approve a Memorandum of Agreement (MOA) between the City of Tupelo and the Department of Archives and History for the Spain House, and authorize the mayor to sign. This MOA will allow the City of Tupelo to act as a pass- through agency for a grant for the rehabilitation of the Spain House. Of those present, the vote was unanimous in favor. APPENDIX T IN THE MATTER OF MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF TUPELO AND THE DEPARTMENT OF ARCHIVES AND HISTORY – SPRING HILL CHURCH Council Member Davis moved, seconded by Council Member Jones, to approve a Memorandum of Agreement (MOA) between the City of Tupelo and the Department of Archives and History for the Spring Hill Church, and authorize the mayor to sign. This MOA will allow the City of Tupelo to act as a pass-through agency for a grant for the rehabilitation of the Spring Hill Church. Of those present, the vote was unanimous in favor. APPENDIX U EXECUTIVE SESSION Council Member Beard moved, seconded by Council Member Palmer, to determine the need for an executive session. Attorney Ben Logan said the session is for prospective litigation under Miss. Code Anno. 25-41-7(b) (1972 as amended) and the possible acquisition of real property under Miss. Code Anno. 25-41-7(g) (1972 as amended). Of those present, the vote was unanimous in favor at 6:32 p.m. Council Member Palmer moved, seconded by Council Member Jones, to close the regular session and enter executive session for discussion of litigation under Miss. Code Anno. 25-41-7(b) (1972 as amended) and the possible acquisition of real property under Miss. Code Anno. 25-41-7(g) (1972 as amended). Of those present, the vote was unanimous in favor. After discussion in executive session, Council Member Palmer moved, seconded by Council Member Beard to return to the regular meeting at 7:23 p.m. Of those present, the vote was unanimous in favor. IN THE MATTER OF PAYMENT OF DISPUTED CLAIM FOR COLISEUM Council Member Beard moved, seconded by Council Member Palmer, to approve the payment of a pending, disputed claim to Sun Belt Specialties in the amount of $18,256.00 with the confidential settlement and release being maintained in the office of the city attorney. Of those present, the vote was unanimous in favor. APPENDIX V IN THE MATTER OF ORDER DECLARING THAT CERTAIN RIGHT OF WAY IMPROVEMENTS IN THE AREA OF WALSH ROAD AND ENDVILLE ROAD ARE NECESSARY FOR THE HEALTH, COMFORT AND CONVENIENCE OF THE MUNICIPALITY AND AUTHORIZING COMPENSATION FOR THE ACQUISITION OF A PERMANENT EASEMENT FOR PUBLIC USE AND MAINTENANCE AND A TEMPORARY CONSTRUCTION EASEMENT 8 9  10 CHECK INFORMATION FOR COUNCIL MEETING JUNE 20, 2023 FUND CHECK NUMBERS POOL CASH ID-418448-418458;418459-418834 EFT 50002253-50002284 TWL ADJUSTMENTS ELECTRONIC TRANSFERS AS SHOWN ON THE FACE OF DOCKET INVOICES AS SHOWN ON FACE OF DOCKET APPENDIX A  11 AGENDA REQUEST TO: Mayor and City Council FROM: Kim Hanna, CFO DATE June 20, 2023 SUBJECT: IN THE MATTER OF ADVERTISING AND PROMOTIONAL ITEMS KH Request: Proposed item for approval is for the purpose of advertising and bringing into favorable notice the opportunities, possibilities and resources of the City of Tupelo. ITEMS: Sprint Print $1,150.00 Promotional items for Police Department recruiting APPENDIX B  12 APPENDIX C  13 APPENDIX C  14 APPENDIX D  15 APPENDIX D  16 APPENDIX D  17 APPENDIX D  18 APPENDIX D  19 APPENDIX E  20 APPENDIX E  21 APPENDIX E  22 APPENDIX E  23 APPENDIX E  24 APPENDIX E  25 APPENDIX E  26 APPENDIX E  27 APPENDIX E  28 APPENDIX E  29 APPENDIX E  30 AGENDA REQUEST TO: Mayor and City Council FROM: Dennis Bonds, Interim Director of Development Services DATE June 6, 2023 SUBJECT: IN THE MATTER OF REVIEW/APPROVE DEMOLITIONS DRB Request: DRB The Department of Development Services requests Council approval to demolish substandard structures on the following properties: 117 & 117 ½ Highland Drive (PARCEL 077Q-36-085-00) 1108 Marquette Street (PARCEL 077G-25-112-00) 2111 President Street (PARCEL 101M-12-093-00) 1203 North Green Street (PARCEL 089B-30-065-00) 718 North Church Street (PARCEL 089F-30-072-00) APPENDIX F  31 APPENDIX F  32 APPENDIX F  33 APPENDIX F  34 APPENDIX F  35 APPENDIX F  36 APPENDIX F  37 APPENDIX F  38 APPENDIX F  39 APPENDIX F  40 APPENDIX F  41 APPENDIX F  42 APPENDIX F  43 APPENDIX F  44 APPENDIX F  45 APPENDIX F  46 APPENDIX F  47 APPENDIX F  48 APPENDIX F  49 APPENDIX F  50 APPENDIX F  51 APPENDIX F  52 APPENDIX F  53 APPENDIX F  54 APPENDIX F  55 APPENDIX F  56 APPENDIX F  57 APPENDIX F  58 APPENDIX F  59 APPENDIX F  60 APPENDIX F  Final Lot Mowing Report for 6/20/2023 Violation Ref Parcel Location Owner Owner Address Owner City State Zip Inspector 1. 44161 077M3610000 206 RANKIN LOVE RUSSELL B 206 RANKIN BLVD TUPELO, MS 38804 DS BLVD 2. 44165 088N3310300 LAKE ST FAULKNER, PO BOX 100, 201 COUNTRY CLUB RD HOUSTON, MS 38851 RS LLOYD 3. 44166 077C2501600 1507 TRACE BENNETT HILLS P O BOX 3786 MERIDIAN, MS 39303-3786 DS AVE INC 4. 44187 077F2613400 1830 W CLAYTON 115 PATTERSON CIR SALTILLO, MS 38866 DS JACKSON ST PATRICK M 5. 44188 075J2105600 4542 FLEISHHACKER 4542 LAKEWOOD LANE BELDEN, MS 38826 DS LAKEWOOD LN PATRICIA 6. 44190 088F2813800 761 ELVIS MOONEY 1975 GRANDVIEW DR TUPELO, MS 38804 RS PRESLEY DR DEBORAH & GORDON K ROBITILLE 7. 44217 089N3103600 903 W MAIN ST FIVE TALENTS P O BOX 535 CRESTVIEW, FL 32536 DS PROPERTIES OF 61 MS 1 LLC 8. 44219 075R2205200 3528 FAIR OAKS MCMILLAN 1230 COUNTY ROAD 811 SALTILLO, MS 38866 DS DR BLAKE & STEVE WHITEHEAD 9. 44227 077P3502000 2089 W MAIN NET LEASE SUDS 100 MERRICK RD STE 202 EAST ROCKVILLE CENTRE, NY 11570 DS ST III LLC & NET LEASE SUDS 10. 44230 089P3115900 411 ELLIOTT ST HERNDON P O BOX 2231 TUPELO, MS 38803 DS JEREMY G 11. 44234 101B0214000 401 HATCHWAY 3100 OLD CANTON RD STE 200 JACKSON, MS 39216 RS MONUMENT PROPERTIES 1 LLC DR 12. 44236 076Q2401400 1804 TRACE WFH PROPERTIES 1208 MAXWELL TUPELO, MS 38804 DS AVE LLC APPENDIX G  Final Lot Mowing Report for 6/20/2023 Violation Ref Parcel Location Owner Owner Address Owner City State Zip Inspector 13. 44237 077C2503700 1603 OSBORNE CONNOR PO BOX 417 BELDEN, MS 38826 DS ST PROPERTIES LLC 14. 15. 16. 17. 18. 19. 20. 62 21. 22. 23. 24. APPENDIX G  63 APPENDIX H  64 APPENDIX H  65 APPENDIX H  66 APPENDIX H  67 APPENDIX H  68 APPENDIX H  69 APPENDIX H  70 APPENDIX H  71 APPENDIX H  72 APPENDIX H  73 APPENDIX H  74 APPENDIX H  75 APPENDIX H  76 APPENDIX H  77 APPENDIX I  78 APPENDIX I  79 AGENDA REQUEST TO: Mayor and City Council FROM: Dennis Bonds, Interim Director of Development Services DATE June 6, 2023 SUBJECT: IN THE MATTER OF REVIEW/APPROVE REAPPOINTMENT OF LESLIE MART TO THE TUPELO PLANNING COMMITTEE DRB Request: DRB Review/Approve reappointment of Leslie Mart to a four year term on the Tupelo Planning Committee representing Ward 2 effective June 20, 2023 APPENDIX J  80 MINUTES OF THE TUPELO PLANNING COMMITTEE MAY REGULAR MEETING Monday, May 1, 2023 6:00 PM Council Chambers CALL TO ORDER Chair Lindsey Leake called the meeting to order. Other committee members present included Mark Williams, Bentley Nolan, Pam Hadley, Leslie Mart, Patti Thompson, Victor Fleitas, Gus Hildenbrand and Scott Davis. Staff members present included City Planner Jenny Savely, Zoning Administrator Russ Wilson and Director of Development Services Tanner Newman. Chair Leake asked Patti Thompson to open with a prayer and Pam Hadley to lead the pledge. Chair Leake then presented an opening statement of the committee purpose and reviewed how the committee would conduct its business. The Staff and Committee were then asked to introduce themselves and did so. REVIEW OF MINUTES Chair Leake asked if there were any corrections to the minutes. Patti Thompson offered a correction under new business to correct where it says “Lindsey Leake will not be serving as chair, changed to Lindsey Leake will NOW be serving as chair.” Scott Davis made a motion to approve the minutes of the April meeting with that correction, seconded by Patti Thompson and passed unanimously. Leake then opened the regular session of the meeting asking for a report on Council Actions. REPORT ON COUNCIL ACTIONS City Planner Jenny Savely said that there was nothing to report at this time. OLD BUSINESS Planner Savely mentioned old business TA-22-02 remains in legal review. NEW BUSINESS Leake announced the first item on the agenda, FLEX23-03, Palmer Storage, 1005 East Main Street requests to allow the use of the former Palmer’s Supermarket as self-service climate- controlled storage units. Leake asked the applicant to come forward. J.K. Palmer, Jr “Buddy” Palmer came to the podium. Palmer thanked committee members for their service. Palmer stated he once served on the Planning Committee. Mr. Palmer mentioned that they recently closed their supermarket after 66 years in East Tupelo for various reasons and that it has been a mainstay in East Tupelo. They had a contract to sell but that deal fell through. Mr. Palmer asked his son Damon to distribute renderings of their buildings and lot to the committee. They have received offers to purchase the building, but none have been reasonable. He is asking to allow his son, Damon, to operate a climate controlled storage facility in this location. They already have storage units on the lot which will remain. Mr. Palmer said that some would say we are getting too many storage units, but the demand is there. This business will not be a restaurant, nor a coffee shop, it’s not built for that. It was good for a supermarket, and perfect APPENDIX K  81 for climate-controlled mini storage. Palmer added that he’s paid taxes for 66 years and would simply ask to be allowed for his son to earn back some of the money he’s lost in the supermarket business. Palmer also said he bought the two residential lots facing Elvis Presley to keep those lots in good shape to help East Tupelo. Mark Williams asked Palmer about the Downtown Overlay District’s extension further east just recently. Palmer said he was supportive of that to protect the housing in the area. Williams asked if Palmer, knowing the vision for the area, thought his proposal was in keeping with that vision. Palmer said that it was as good as you can get. Victor Fleitas asked a hypothetical question of Mr. Palmer that if the overlay district was extended tomorrow to include his location, would that change his calculation about what he would do with the property. Palmer said he already had two storage units on the property with minimal traffic impact, and recognized that he’s prejudiced but thought it was a good looking project for the east side of Tupelo. Tanner Newman said he would hate to see another empty building on East Main. We’ve got two home-grown Tupelo citizens who want to improve the area. Newman said that the Overlay was concerned about the aesthetics and it sounds like they are willing to work with the City on that. Palmer mentioned the other two lots he hoped to build on with maybe an Airbnb type housing, with Johnnie’s Drive in nearby, where visitors could stay nearby the Birthplace, go to Johnnie’s and Veterans Park. Gus Hildenbrand agreed that what is currently there looks better than most in East Tupelo and that Mr. Palmer will keep it that way. Hildenbrand said he had owned storage rooms himself and knew it could be kept looking nice with landscaping. Palmer asked his son Damon to come forward and explain the plan. Damon Palmer discussed the look of the facility further mentioning new signage. Scott Davis asked about the parking lot. Damon said they don’t own the parking lot. Savely asked for clarification about the current parking lot and Palmer said they don’t need it. Leslie Mart asked if they had considered sub-dividing the building with an inviting coffee shop up front, with the mini storage in the back. Damon Palmer said they haven’t had any interest in that. Mart asked about landscaping on the front of the building. Damon Palmer said maybe adding potted plants, but that there wasn’t room for that, but he was open to ideas. Patti Thompson asked about access from the back. Damon Palmer said he was just going to wall that off. Access will be on the front and customers will carry items in through the front. Hildenbrand added that this would be similar to the two former furniture stores on Coley Road that closed and converted to climate-controlled storage. Thompson asked if there would be an awning. Damon Palmer said there is one there now. Buddy Palmer added that the lot is very well lit. Damon said the windows there will stay and there will not be anyone staying on site, so plans do not require an onsite manager. Pam Hadley asked if the current storage units there are filled. Damon Palmer said yes, they were, but that these new ones will be 10’ x 15’ mostly – with code access and a website. Leake asked if anyone from the public would like to speak for or against the issue. Seeing none, Leake closed the public input portion of the hearing and opened it up for discussion between the committee members. APPENDIX K  82 Gus Hildenbrand said he was surprised by the demand for storage buildings, but they are still hard to find and did not think they would have any trouble leasing these as climate-controlled. Leslie Mart asked Jenny Savely what the requirements were for landscaping and glass on the frontage. Savely gave the requirements but stated that the Committee could set the standards through the Flexible Use approval process, but that increasing the landscaping would require breaking up the concrete on the front. The windows meet code. Savely reminded the committee that they are considering the use as self-storage and that the construction would have to be approved during Plan Review. Patti Thompson shared a concern about turning down a similar request earlier this year across the street on Briar Ridge and asked if we would have any “flak” from that? Savely stated that what had been asked of that previous applicant was, even though they were not part of the downtown overlay area, that we had requested having Downtown Main Street’s input for their renovations, signage and aesthetics, but that location had some limitations. If the committee wanted to consider adding that same contingency on this project as that previous one that would soften how the committee had handled it. Mart summarized that the committee would be asking to allow DTMSA to assist with the review of the aesthetics and exterior of the building. Savely said yes, but not have to go through their stringent design review process but DTMSA could instead offer to review and comment, make suggestions. Thompson said she wasn’t sure how to word that. Newman offered that you could require their advice on review of the signage. Zoning Administrator Wilson added that the previous applicant did call in for more information. He did not receive a notice because he was not the owner of record on file. That applicant backed out of the deal based on the input from the committee. Their project got delayed when the property seller went into bankruptcy and the applicant never proceeded with the project, so the Committee never considered their application or voted on anything. Mart added that there were some traffic flow issues with that project that made it different. Mart said that she was still concerned that it looked like a former grocery store that has been converted into mini-storage and hoped there was something that could be done differently in the front with the storage in the back that would be a win-win for the City and applicant. Savely explained a little about business recruitment and tax incentive processes, but said that the Tax Abatement incentives stop at Veterans. Newman said he still recommended wording having the developer work with the Downtown Overlay to come up with some exterior design options and hasn’t heard any negative feedback on that. Hildenbrand said that looking like Palmer’s Supermarket isn’t a bad thing. Buddy Palmer said that this has nothing to do with the Palmer legacy. It’s about the store. Most of East Tupelo knows about Palmer’s history the same as Leake & Goodlett’s. But it’s just a building, but they will retain the Palmer’s name. Mark Williams made a motion to approve the Flexible Use of climate controlled mini storage as submitted provided the applicant works with the Downtown Main Street Association in consultation on the exterior design and signage that meets the spirit and intent of the association and the harmony of the district. Seconded by several simultaneously and approved unanimously. Leake asked Savely to inform the applicant of their next steps. APPENDIX K  83 Leake announced the next application RZ23-01, a split zoning lot on the east side of South Veterans. Since City of Tupelo is the applicant, Savely went to the podium to present the case. The subject parcel on South Veterans has split zoning with the portion directly off Veterans being MUCC and the rear portion being MDR. The reason for the application is that the owner has brought forward a plan for developing the lot for an assisted care facility. This requires that we correct the mistake of split zoning. The applicant requires zoning verification for the parcel and to allow the development, we need a fully commercial zoned lot. So, this is just tidying up the zone. Mart asked if we were just correcting the zoning on just this one lot, or what about the others nearby with similar issues. Savely mentioned that criteria for rezoning is different than most applications before the committee, we don’t have demonstration of pubic need yet on the other parcels, but we do on this one lot. Those other vacant parcels will have to be looked at when they are considered for development. Gus Hildenbrand said you can’t rezone just because you want to, you have to have a good reason. Scott Davis said we have had similar situations before in cleaning up zoning mistakes. Mart clarified where the current zoning lines are and how they would change. Leake asked if anyone wanted to speak for or against the application. Hearing none he closed the public hearing and asked if there was a motion. Scott Davis made a motion to approve, Mart seconded the motion with a unanimous vote in favor of approval. Chair Leake mentioned that the next work session will be Tuesday, May 30th at 5:15 PM, and the regular June Planning Committee Meeting will be scheduled for Monday, June 5th at 6 PM. Tanner Newman asked to speak for a moment. He thanked the Committee for their service. He said it has been an honor to serve with this team and feels there have been many accomplishments over the last two years. Since he had announced in January his intent to run for the Northern District Public Service Commissioner post, it has become evident that the time has come for him to step away from the City to focus his efforts full time on that race. So, effective Wednesday, May 3rd, Newman stated that he will be taking a leave of absence to campaign full time across North Mississippi. In that time, the Mayor has appointed City Engineer Dennis Bonds as Interim Director of Development Services. Newman thanked everyone for their support throughout this process. The Committee thanked Newman for his service to the City. There being no further business, Patti Thompson made a motion to adjourn which passed unanimously. APPENDIX K  84 Tupelo Major Thoroughfare Program Minutes Date: 6/12/2023 Time: 4:30 PM Call to Order: Greg Pirkle Meeting Adjourned: 5:16 PM ROLL CALL: Jennifer Roberson In Attendance MAJOR THOROUGHFARE MEMBERS PRESENT: Robin Haire Raphael Henry (Zoom) Terry Bullard Jon Milstead (Zoom) Drew Robertson (Zoom) Stuart Johnson Greg Pirkle Danny Riley George Jones Ernie Joyner Charlotte Loden MAJOR THOROUGHFARE MEMBERS NOT PRESENT: C W Jackson Bill Cleveland Ted Roach Dan Rupert OTHERS PRESENT: Brent Spears Jennifer Roberson Kim Hanna Don Lewis Janet Gaston John White Luke Burleson Tyler Hathcock Approval of Minutes Chairman Greg Pirkle asked the Committee to review and approve the minutes of the May 8, 2023 Major Thoroughfare Program regular meeting. Ernie Joyner made a motion to accept the minutes. Robin Haire seconded the motion. Minutes were approved unanimously by Committee. Budget Report Kim Hanna reviewed the Major Thoroughfare Phase VII Budget Report for the month ending May 31, 2023. Beginning Cash Balance was $7,882,037. Total Revenue from Interest Earned was $21,520. Total Expenditures for May was $428,424. Payments included $8,652 for Personnel Cost, $83,608 for Maintenance Cost and $336,164 for Veterans – Reese to Hamm St. Ending Cash Balance for Phase VII is $7,563,957. APPENDIX L  85 Current Projects Brent Spears reviewed updates on the current projects  Maintenance Work o Mill & overlay update  Eason Blvd (Veterans to Briar Ridge) o Currently working on widening Hwy 6 and Briar Ridge Intersection and paving; o Finishing all paving on Monday, June 19th; o Contract time expires at the end of June; o Way ahead of schedule on Veterans.  Update on Main Street Safety Improvements Project o Rescoped the project and will handle in-house; o Contractor with the bank is tearing island out within a few weeks & Public Works will come in to do their part.  Veterans (Main to Hamm) o All the lane widening has been completed to the top of base pavement; o Most of the sidewalk construction has been completed on both sides of the road; o The retaining wall has been constructed next to the lake; o Ahead of schedule and may be through by the end of July.  Thomas St to Lumpkin Ave o Work on this project has been suspended. o George Jones asked why we are using the turn lane the whole way.  Greg Pirkle stated that if it wasn’t for the turn lane, it wouldn’t be a Major Thoroughfare Project. The whole point of the entire Jackson improvement has been to create a way to get from east to west other than Main Street.  MDOT Projects o Work wrapping up on McCullough Blvd job (Mr. Vernon to I-22). Page 2 APPENDIX L  86 Open Discussion 1. Greg Pirkle opened a discussion that was brought up to him by community members regarding Veterans and why we did not make that a three-lane all the way to I-22. 2. Janet Gaston asked if a traffic count was done on Veterans to justify the three-lane and how do we get to the point to determination that that’s a viable project? Greg Pirkle said there are traffic counts on everything that’s done and approved by voters. Anything on the Phase 6 projects, there were traffic studies and traffic counts. They do not get on the list of projects until we have done that. 3. Greg Pirkle asked John White if there are any savings we can make, if the N. Hamm to I-22 project goes through. The committee discussed this project. Greg recommended everyone talk to their neighbors to get feedback on this possible project. 4. Drew Robertson and Greg Pirkle discussed the protocol for a project that has not yet been approved by voters. 5. Major Thoroughfare members and those present discussed the underground electrical in the Jackson (Madison to Front) area. Jon Milstead asked to revisit this discussion at the next meeting. 6. Major Thoroughfare members and those present discussed the cost of the current projects and the funds that are still available. With no further business to discuss, the meeting was adjourned. ____________________________ ___________________________ Chairman Greg Pirkle Recorded by Jennifer Roberson Submitted by Stephen Reed Page 3 APPENDIX L  87 APPENDIX M  88 APPENDIX M  89 APPENDIX M  90 APPENDIX M  91 APPENDIX M  92 AGENDA REQUEST TO: Mayor and City Council FROM: Johnny Timmons, Manager TW&L DATE June 14, 2023 SUBJECT: IN THE MATTER OF APPROVAL OF THE EMERGENCY REPLACEMENT OF A 20” PRESSURE SEWER LINE JT Request: Request for approval of the emergency replacement of approximately ninety-one feet (91’) of 20” pressure sewer line from Central Pumping Station to the wastewater treatment plant. This replacement is necessary due a collapsed sewer line crossing the ditch on Community Drive. The estimated cost of this replacement is $22,000.00 (materials). APPENDIX N  93 AGENDA REQUEST TO: Mayor and City Council FROM: Johnny Timmons, Manager TW&L DATE June 14, 2023 SUBJECT: IN THE MATTER OF AN EMERGENCY PURCHASE OF TWO (2) 300 kVA PADMOUNT TRANSFORMERS JT Request: I respectfully request your approval of an emergency purchase for the following:  Two (2) 300 kVA 12870/120/208Y 3-phase padmount transformers – On May 25, 2023, Arkansas Electric submitted the lowest quote for these two transformers at $22,860.00 each, for a total of $45,720.00. This cost is subject to review at the time of shipment. The lead time for these transformers is approximately twelve (12) months. This emergency purchase is requested due to the following factors:  Volatility of the metals market and key transformer and wire cost factors beyond the manufacturer’s control  Lead/delivery times Please let me know if you have any questions. APPENDIX O  94 AGENDA REQUEST TO: Mayor and City Council FROM: Neal McCoy, Director DATE June 15, 2023 SUBJECT: IN THE MATTER OF REAPPOINTMENT OF STEPHANIE BROWNING TO CVB BOARD JUNE 13, 2023 NM Request: Approve Stephanie Browning to CVB board to expire June 2025. APPENDIX P  95 APPENDIX P  96 AGENDA REQUEST TO: Mayor and City Council FROM: Don Lewis, COO DATE June 20, 2023 SUBJECT: IN THE MATTER OF MAYOR JORDAN INTERNATIONAL TRAVEL OCTOBER 2023 DL Request: Approval of international travel for Mayor Jordan. APPENDIX Q  97 APPENDIX Q  98 May 16, 2023 TO: Mayor Todd Jordan Tupelo City Hall 71 East Troy Street Tupelo, MS 38804 C/O Don Lewis, COO Tupelo INVOICE Ref: SEUS Japan 2023 Trip Amount Due: $4,863.88 October 7 – 15, 2023 Attendee: Mayor Todd Jordan *Deposit Due ······································································································································ $4,863.87 *Please note: Any balance for hotel, airfare and ground transportation will be billed after the trip has been completed. Please remit payment to: COMMUNITY DEVELOPMENT FOUNDATION P.O. Box A Tupelo, MS 38802 APPENDIX Q  99 AGENDA REQUEST TO: Mayor and City Council FROM: Ben Logan, City Attorney DATE June 15, 2023 SUBJECT: IN THE MATTER OF ORDER APPROVING EXERCISE OF SECOND OPTION TO PURCHASE REAL PROPERTY WITH BSB ASSOCIATES PARTNERSHIP, OR ITS SUCCESSOR IN INTEREST, FOR THE PURPOSE OF CONSTRUCTING A CLASS II RUBBISH LANDFILL Request: Last year the city entered an option agreement with BSB Associates Partnership to purchase property for the purposes of constructing a Class II rubbish landfill. The agreement provided two one-year options in order to allow permits to be obtained to construct the facility. Since exercising the first option, the city and Three Rivers Solid Waste Authority have amended the Three Rivers Solid Waste Authority Master Plan and await approval from the Mississippi Department of Environmental Quality (MDEQ). Upon approval of the amendment to the master plan, the city will apply to MDEQ for a permit to construct the Class II landfill. The first option is expiring, and the second must be exercised before June 30, 2023. Approval to exercise second option and pay $15,000.00 to BSB, or successor, is requested. Order to be supplemented. APPENDIX R  100 APPENDIX R  101 APPENDIX R Filed By: rmaharrey Filed: 7/1/2022 8:22 AM Number: 2022009250 LEE Chancery Bill Benson Published: 7/1/2022 8:34 102 AM APPENDIX R  103 APPENDIX R  104 APPENDIX R  105 APPENDIX R  106 APPENDIX R  107 APPENDIX R  108 APPENDIX R  109 APPENDIX R  110 APPENDIX R  111 APPENDIX R  112 APPENDIX R  113 APPENDIX R  114 APPENDIX R  115 APPENDIX S  116 APPENDIX S  117 APPENDIX S  118 APPENDIX S  119 APPENDIX S  120 APPENDIX S  121 APPENDIX S  122 APPENDIX S  123 APPENDIX S  124 APPENDIX S  125 APPENDIX S  126 APPENDIX T  127 APPENDIX T  128 APPENDIX T  129 APPENDIX T  130 APPENDIX T  131 APPENDIX T  132 APPENDIX T  133 APPENDIX T  134 APPENDIX T  135 APPENDIX U  136 APPENDIX U  137 APPENDIX U  138 APPENDIX U  139 APPENDIX U  140 APPENDIX U  141 APPENDIX U  142 APPENDIX U  143 APPENDIX U  144 APPENDIX V  145 APPENDIX W  146 APPENDIX W  147 APPENDIX W  148 APPENDIX W  149 APPENDIX W  150 APPENDIX X  151 APPENDIX X  152 APPENDIX X  153 APPENDIX X  154 APPENDIX X  155 APPENDIX X  156 APPENDIX X  157 APPENDIX Y  158 APPENDIX Y  159 APPENDIX Y  160 APPENDIX Y  161 APPENDIX Y  162 APPENDIX Y  163 APPENDIX Y  164 APPENDIX Z  165 APPENDIX Z  166 APPENDIX Z  167 APPENDIX Z  168 APPENDIX Z  169 APPENDIX Z  170 APPENDIX Z