Bay Council agenda: budget & tax levy public hearing, P&Z votes, hotels & audit

AGENDA

BAY ST. LOUIS

CITY COUNCIL MEETING

SEPTEMBER 5, 2017

5:30 p.m.

1. Public Hearing

a) Budget and Tax Levy

b) Adoption of Resolution for Tax Levy

2. Guests

a) Senator Philip Moran – State of Mississippi updates for newly elected council

b) ASGARD Proclamation

c) Danny Coates, Cure Land Company, L.L.C. – MMDA tax rebate

d) Gabriel L. Virdure – North Beach Hotel

e) Angelyn Zeringue President Southgroup Insurance – Insurance plan

f) Robert Culumber – Fiscal Year 2016 Audit Report

3. City Clerk/Comptroller’s Report

a) Cash Balances

b) Certification Letter

c) Payroll

d) Docket of Claims #16-059 dated 09-05-177

001 General Fund $66,334.17

200 Debt Service Fund $7,515.25

400 Utility Fund $182,181.59

450 Municipal Harbor Fund $61,682.36

650 Community Hall Unearned $400.00

Total $318,113.37

e) Inter-fund transfer between Municipal Reserves and General Operating

4. Ordinances

a) Slab Ordinance 382 amendments/approval

b) Planning and Zoning Ordinance appeal time

c) Historic Preservation Commission Notice of Appeal updated and Historic Preservation Commission Ordinance Proposed addition to E. appeals

5. Public Forum (Agenda Items Only- 3 minute time limit and must sign in)

6. Planning and Zoning

a) WL HOLDINGS OF Miss, LLC – Application for Preliminary Subdivision Plat Approval and Variance to the Zoning Ordinance. Mr. Gary Yarbrough is the representing agent. The applicant would like to subdivide this parcel of land into (18) eighteen new parcels of land. If the subdivision of property is granted, Parcels 1-18 will need these variances: a total variance to the minimum lot width of 19ft, resulting in a lot width of 41ft; a total variance to the front yard setback of 15ft, resulting in a front yard setback of 10ft; a total variance of 3’6” to the side yard setback, resulting in a side yard setback of 4’6”; a total variance to the minimum square footage of 2,662sf, resulting in a proposed square footage for lot area of 4,838sf; and a total variance to lot coverage of 3%, resulting in a lot coverage of 48%. The property in question is located mid block of Dunbar Avenue, between Genin Street and DeMontluzin Avenue; Parcel # 149E-0-29-159.001, described as Lot 363, First Ward, Bay St Louis. The property lies in an R-3, Multi Family District. Recommend approval 5/2 (Doesche, Manieri)

b) CAROL C DE LA HOUSSAYE – Application for Variance to the Zoning Ordinance. The applicant’s intention is to build a shed on the existing slab that will be located to the rear of the property. The applicant is asking for a total variance to the side yard of 4’ resulting in a 1’ side yard setback; and a total variance to the rear yard setback of 3 ½’, resulting in a 1 ½’ rear yard setback. The property in question is located at 127 Carroll Avenue; Parcel #149F-0-29-102.000, described as Lot 14 & 15A, Carroll Subdivision and Parcel #149F-0-29-088.000, described as Lot 312B, 1st Ward, Bay St. Louis. The property is zoned R-2, Two Family District. Recommend table

c) VIRGINIA M. DENIS – Application for Variance to the Zoning Ordinance. The applicant is requesting to have an 8’ in height wooden fence to the rear yard property line. The applicant therefore is asking for a 2’ in height variance to the fence regulations which would result in an 8’ in height fence. The property in question is located at 418 ½ Carroll Ave; Parcel #149E-0-29-092.000, described as West ½ lot 56, Carroll Subdivision, and Parcel #149E-0-29-105.002, described as Part 362 & Part 365, First Ward, Bay St. Louis. The property is zoned R-2, Two-Family District. Recommend approval 7/0

d) CYDNEY SHERWOOD – Application for Special Subdivision Plat Approval and Variance to the Zoning Ordinance. The applicant would like to subdivide this parcel of land into two (2) new parcels of land. If the subdivision is granted the newly created Parcel A will need a total variance of 886.64 square feet, resulting in a proposed square footage of 9613.36 square feet; and newly created Parcel B will need a total variance of f 987.78 square feet, resulting in a square footage of 9512.22 square feet. The property in question is located at 527 St John Street; Parcel # 137H-0-45-079.000, described as Lot 19, Bay St. Louis, Rear Second Ward. The property is zoned R-2, Two-Family District. Recommend approval 7/0

e) JANA K MALLINI – Application for Variance to the Zoning Ordinance. The applicant is asking to allow an accessory structure to be greater than fifty (50) percent of floor area of the principal structure. The applicant is requesting a total variance of 7% to the floor area, resulting in an accessory structure that will have a floor area that will be 57% of the existing structure. The property in question is located at 330 Gladstone Street; Parcel #137L-0-35-178.000, described as Lots 37-42, Block 41, Bay St. Louis Land & Improvement. The property is zoned R-1, Single Family. Recommend for approval 7/0

f) CITY OF BAY SAINT LOUIS – The City of Bay St. Louis is requesting the following text amendment to the Zoning Ordinance. The reason for the amendment is there is changing conditions in a particular area, or in the city, or in the regional area generally, in which an amendment to the Ordinance is in the public interest and is necessary and is desirable. The proposed amendment does not involve changing the classification of land and is necessary to facilitate accuracy and proper interpretation.

Section 302.95 currently reads:

“302.95 MODULAR HOME: A structure which is (i) transportable in one or more sections; (ii) designed to be used as a dwelling when connected to the required utilities, and includes plumbing, heating, air conditioning and electrical systems with the home; and (iii)certified by its manufacturers as being constructed in accordance with a nationally recognized building code; and (iv) designed to be permanently installed at its final destination on an approved foundation constructed in compliance with a nationally recognized building code. The term “modular home” does not include manufactured housing as defined by the National manufactured Housing Construction and Safety Standards Act of 1974.”

The new amendment to Section 302.95 is to read as follows:

“302.95 MODULAR HOME: A structure which is (i) transportable in two or more sections but designed to be joined into one (1) integral unit. sections; (ii) designed to be used as a dwelling when connected to the required utilities, and includes plumbing, heating, air conditioning and electrical systems with the home;

and (iii)certified by its manufacturers as being constructed in accordance with a nationally recognized building code; and (iv) designed to be permanently installed at its final destination on an approved foundation constructed in compliance with a nationally recognized building code. The term “modular home” does not include manufactured housing as defined by the National manufactured Housing Construction and Safety Standards Act of 1974.”

Recommend approval 7/0

7. Engineer’s Report

a) City Projects Update

8. Council/New/Old Business

a) 2017 Preliminary Assessments (June 2017 Assessments)

b) Updated Planning Fee Schedule for Planning and Zoning Application Fees to spread on minutes

c) Updated Permit Fee Schedule to spread on minutes

d) Meter Fees – Amend Utility Ordinance, Section 94

e) 525 Old Spanish Trail property clean up

f) Fiscal Year 2016/2017 Audit – Resolution to Seek Qualifications and Proposals and Request for Qualifications and Proposals

g) City Attorney Contract

9. Clerk of Council’s Report

a) Documents needed

10. Mayor’s Report

Consent Agenda

a) Appoint Municipal Deputy Clerks — Charlene Black and Katie Stewart

b) Approve payment to Thyssenkrupp Elevator Corp.

Invoice No. 6000259782 Service Date 7.6.17 Repair of parking Garage elevator

Part PCP GC10360 $6,817.02

Part PCP CRIPHNA,5.Q Board $4,408.57

Labor Repair 5.25 Hour $1,806.00

Travel Repair Time 1.75 Hour $602.00

Total Due $13,633.59

c) Approve the Bay St. Louis Police Department accepting the donation of a $50.00 gift card from Lieutenant Jeff Hendrix to be used in the Officer of the Quarter Program

d) Anonymous donation for the Fire Department’s Hurricane Harvey efforts

e) Declare the following vehicles surplus which are no longer being used or needed for the City of Bay St. Louis

2007 Ford VIN#2FAHP71W07X101809

2008 Ford VIN#2FAFP71V18X179600

2004 CHEVY VIN#2G1WZ121149326910

f) Approve intergovernmental transfer of assets agreement between the City of Bay St. Louis and Hancock County Mississippi

g) Approve the Mississippi Office of Highway Safety and City of Bay St. Louis Grant Agreement for the fiscal year 2018

h) Authorization to submit grant application FY 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program

i) Travel

Department: Finance

Employee: Sissy Gonzales

Date: October 18-20, 2017

Location: Hattiesburg, MS

Reason for Travel: Clerk Certification Training

Sponsoring Organization: MSU Extension Service

Registration: $200.00

Meals: $71.75

Transportation: Personal Vehicle $83.74

Lodging: $238.00

Discussion

a) Report on City Council Minutes

11. Attorney’s Report

a) Spread final Lease-Purchase (Tractor) with BancorpSouth – re-authorization of lease-purchase documents

b) Spread final AVMI v. Bay St. Louis, et al – Authorize attorney to execute mediation agreement

c) Spread final Barre Theory, L.L.C. Lease (Old City Hall Building)

d) Library Agreement – Final Approval

e) Buy a Barricade – Approve Contract

12. Public Forum (3-minute time limit and must sign in)

13. Executive Session

a) Minutes – Attorney General Opinion

b) Scott Favre Public Adjusters v. Bay Saint Louis – AVMI v. Bay Saint Louis, Ohman v. BSL

14. Minutes

a) August 9, 2017 Workshop

b) August 17, 2017 Workshop

c) August 21, 2017 Workshop

d) August 22, 2017

e) August 23, 2017 Recessed

f) August 23, 2017 Workshop

g) August 25, 2017 Emergency

15. Adjourn

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