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02-22-11 AgendaAGENDA HATTIESBURG CITY COUNCIL 4:00 P.M. FEBRUARY 22, 2011
I. Call to Order II. Call to Prayer and Pledge of Allegiance III. Agenda Order IV. PRESENTATION AGENDA V. POLICY AGENDA 1. APPROVE or DENY to adopt an Ordinance changing and amending the Land Development Code, Ordinance Number 2330, as amended, of the City of Hattiesburg, Mississippi, so as to add a new section hereafter known as SECTION 69, Cottage Overlay District as a Use Permit Upon Review. 2. APPROVE or DENY to adopt the Ordinance for the petition filed by the City of Hattiesburg, to close and vacate 60 feet of a 50 foot wide Right-of-Way on Rebecca Avenue (Ward 4); Hattiesburg Planning Commission recommended to APPROVE on February 2, 2011. 3. APPROVE or DENY the petition filed by R3SM (Sheila Varnado), on behalf of Earnest Bryant and the State of MS, owners, represented by Janice Pierce, to allow a Use Permit Upon Review for an “Overlay MS Cottage District” in a R-1C (Single-Family Residential) District, for certain undeveloped properties located at 264 Sullivan Drive (Parcel #s 167B-10120-706 & 706A, PPIN 06875 & 39489, Ward 5); Hattiesburg Planning Commission recommended to APPROVE on February 2, 2011. 4. APPROVE or DENY the preliminary plat to subdivide 2 lots, filed by R3SM (Sheila Varnado), on behalf of Earnest Bryant and the State of MS, owners, represented by Janice Pierce, for certain undeveloped properties located at 264 Sullivan Drive (Parcel #s 167B-10120-706 & 706A, PPIN 06875 & 39489, Ward 5); Hattiesburg Planning Commission recommended to APPROVE on February 2, 2011. 5. APPROVE or DENY the petition filed by Lighthouse Rescue Mission (Kenneth Thronson), owner, represented by Sheldon & Parker, PLLC (Joseph Parker), to allow a Use Permit Upon Review for a “church” in a R-1A (Single-Family Residential) District for certain property located at 204 Eupora Street (Parcel # 27-284-1-1 & 27-284-2-1, PPIN 15553 & 15554, Ward 2); Hattiesburg Planning Commission recommended to APPROVE on February 2, 2011, with the stipulation that no overnight stay shall be allowed. City regulations do not allow overnight stays in this zoning (R-1A, Single-Family Residential) in a non-single family residential setting. 6. APPROVE or DENY to adopt the ordinance for the petition filed by Frankie L. Benton, Sr. & Doris Benton, owners, represented by Deborah Conerly, to change the zoning classification of lots 2-5 located at 19 Langston Road (Parcel # 166-10114-9, PPIN 06477, Ward 5) from A-1 (General Agricultural District) to R-1A (Single-Family Residential District); Hattiesburg Planning Commission recommended to APPROVE on February 2, 2011. 7. APPROVE or DENY the preliminary plat to subdivide a lot, filed by Frankie L. Benton, Sr. & Doris Benton, owners, represented by Deborah Conerly, located at 19 Langston Road (Parcel # 166-10114-9, PPIN 06477, Ward 5); Hattiesburg Planning Commission recommended to APPROVE on February 2, 2011. 8. APPROVE or DENY the petition filed by Presbyterian Christian School (Dr. Allen Smithers, Headmaster), owner, represented by David K. Landry, to allow a Use Permit Upon Review for a “school” in R-2 (Two-Family Residential) and R-3 (Multi-Family Residential) Districts, for certain undeveloped property located at 103 WSF Tatum Road {(Parcel # 2-039P-20-001.11 (164-10111-2 & 168-10121-1), PPIN 43640 (06328 & 06974), Ward 5)}; Hattiesburg Planning Commission recommended to APPROVE on February 2, 2011. 9. APPROVE or DENY the preliminary plat to subdivide a lot, filed by SGI Hattiesburg III, LTD (Eric Seitz), represented by Ron Farris, for certain property located at 6173 US Hwy 98 (Parcel # 0524-10-012 & 0525-10-013, PPIN 12114, Ward 3); Hattiesburg Planning Commission recommended to APPROVE on February 2, 2011. 10. Take from the table and APPROVE or DENY the petition filed by Cellular South Real Estate, Inc., on behalf of Martin W. Garrick Trust, owner, represented by Joe Gordy, a. To vary from Article 5, Section 98.06 (3A) which states that the tower shall be set back the height of the tower on all sides from the tower site’s property lines and from any public right-of-ways, and instead allow setback of twenty-five (25) feet on the north for a variance of seventy-five (75) feet, b. A setback of thirty-one feet eight inches (31’8”) on the south, for a variance of sixty-eight feet four inches (68’4”), and c. A setback of twenty-three feet seven inches (23’7”) on the east, for a variance of seventy-six feet five inches (76’5”), and d. A setback of fifty-three feet four inches (53’4”) on the west, for a variance of forty-six feet eight inches (46’8”), and e. A setback nineteen feet (19’) on the Eastern Right-of Way of W. Park Drive, for a variance of eighty-one feet (81’), for certain property located at 116 W. Park Drive (parcel #51P-11-027.001, PPIN 31886, Ward 3); Hattiesburg Planning Commission recommended to DENY on December 1, 2010. 11. Take from the table and APPROVE or DENY the petition filed by Cellular South Real Estate, Inc., on behalf of Martin W. Garrick Trust, owner, represented by Joe Gordy, to allow a Use Permit Upon Review for a Telecommunication Tower, Article 4, Section 62.03 (6) in a B-5 (Regional Business) District, for certain property located at 116 W. Park Drive (parcel #51P-11-027.001, PPIN 31886, Ward 3); Hattiesburg Planning Commission recommended to DENY on December 1, 2010. 12. Adopt Resolution authorizing Requisition Number 71 from the Project Fund Construction Account in connection with that certain Loan Agreement dated as of June 28, 2006, by and between the Mississippi Development Bank and the City of Hattiesburg. 13. Adopt the February 22, 2011, Amendments to the budget for the City of Hattiesburg for the fiscal year ending September 30, 2011, and adopt Resolution authorizing publication of amendments for funds in excess of 10% of the original appropriation fund balance. 14. Adopt a Resolution authorizing and approving execution of an equipment lease-purchase agreement with BancorpSouth Equipment Finance, for the purpose of lease-purchasing certain equipment. 15. Adopt Resolutions setting Public Hearing before City Council on Monday, March 21, 2011, to determine if certain properties are in such a state of uncleanliness so as to be a menace to the health and safety of the community and providing for notice to owners and authorize publication of the notice hearing. (See Attached List) 16. Authorize purchase of 0.037 acres of Parcel No. 2-039N-19-064.00 from Charlotte M. Burks for City Bridge Project No. LSBP-18(14) at Pinehills Drive (offer approved at MB 2011-1/49) and Authorize City Clerk to issue manual check for same. 17. Acknowledge receipt of, and Authorize offer of, recommended values for certain parcels for City Bridge Project No. LSBP-18(14) on Byron Street. 18. Authorize Mayor to execute duplicate copies of Supplemental Agreement No. 1 between the City of Hattiesburg and Shows, Dearman & Waits for the Widening and Overlay of Hardy Street from 21st Avenue to Highway 49 HPP6098-(007)LPA105194-701000 for additional services not to exceed $18,000.00. 19. Authorize Mayor to execute duplicate copies of Memorandum of Understanding for STP funded project HHP-7194-00(003)LPA/105845-001000 4th Street from Hutchinson Avenue to Jackson Street for federal funding. 20. Authorize Mayor to execute duplicate Amendment Number 005 Agreement for the Educational and Community Outreach Program between the City of Hattiesburg and University of Southern Mississippi, extending the agreement to February 28, 2012.(Agreement number GM000673, Southern Miss number GR02552, City MB 2006-1/623). 21. Authorize Mayor to execute duplicate original contract between the City of Hattiesburg Parks and Recreation Department and the Hattiesburg Arts Council to provide art for children and art and cultural opportunities for adults, seniors, and persons with disabilities for Hattiesburg Residents from October 1, 2010 through September 30, 2011. (Nunc Pro Tunc) 22. Authorize Mayor to execute duplicate original contract between the City of Hattiesburg Parks and Recreation Department and the Hattiesburg Exchange Club and Dixie Youth Inc., to develop and promote Dixie Youth Baseball for Hattiesburg Residents from October 1, 2010 through September 30, 2011. (Nunc Pro Tunc) 23. Adopt an order certifying: Breakthrough Community Services, Inc., Community Connections, Inc., Housing Alternatives, Inc. and Pinebelt Community Services, Inc. as Community Housing Development Organizations (CHDOs) for the City of Hattiesburg's Home Program in accordance with 24 CFR 92.2. {Entitlement} 24. Acknowledge receipt of the draft 2010 Consolidated Annual Performance and Evaluation Report (CAPER) (copy on file in the City Clerk's office), approve publication of the Notice of Availability of the CAPER and the subsequent submission of the CAPER to the U.S. Dept. of Housing and Urban Development by March 31, 2011, pending inclusion of a proof of publication and citizen comment summary.{Entitlement} VI. ROUTINE AGENDA 1. Authorize Mayor to Renew Maintenance Agreement between the City of Hattiesburg and Owens Business Machines for maintenance on a copier located in the Hattiesburg Police Department Detective Division in the amount not to exceed $1,500.00, beginning February 1, 2011. 2. Acknowledge receipt of the 2010 Hattiesburg Dixie Youth Baseball Financial Report from the Hattiesburg Exchange Club. 3. Acknowledge receipt of the 2010 Hattiesburg Civic Arts Council Financial Report. 4. Acknowledge receipt of the audit of The Emergency Management District for the fiscal year ending September 30, 2010, from Wright CPA Group, PLLC.(on file in the City Clerk's office). 5. Acknowledge receipt of Declaration of Forfeitures from the Forrest/Perry Metro Narcotics Task force forfeiting $7,300.00 to the Hattiesburg Police Department. The monies will be forfeited in the following manner: $5,840.00 to be placed in the Hattiesburg Police Department's Forfeiture Fund and $1,460.00 to the Forrest County District Attorney's Office. 6. Approve Specifications and Authorize Publication of Advertisement for Term Bid Item #33-Uniform Rental Service for Various Departments/Divisions of the City of Hattiesburg for the period beginning April 1, 2011, and ending March 31, 2016. 7. Approve Specifications and Authorize Publication of Advertisement for Public Transit Intelligent Transportation System and Related Services for Hub City Transit. 8. Acknowledge receipt of Privilege License Report for the month of January, 2011 from the Tax Department, as per recommendation. 9. Approve sale of grave spaces per attached memo. 10. Acknowledge Proofs of Publication for the month of January, 2011. 11. Authorize and approve issuance of manual checks for CDBG Program claims per attached memorandum. {Entitlement} 12. Authorize and approve issuance of manual checks for HOME Program claims per attached memorandum. {Entitlement} 13. Approve Claims Docket for the period ending February 18, 2011.
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2-7-11 Public Notice of Hearing
02-07-11 Appeal Public Hearing, 116 West Park DrivePUBLIC NOTICE OF PUBLIC HEARING TO BE HELD AT 4:00 P.M. ON MONDAY, FEBRUARY 7, 2011, IN THE COUNCIL ROOM OF CITY HALL, PURSUANT TO ORDER ADOPTED DECEMBER 21, 2010, AT MINUTE BOOK 2010-6/714-717.
PUBLIC HEARING HATTIESBURG CITY COUNCIL 4:00 P.M. MONDAY, FEBRUARY 7, 2011
1. Hold a public hearing for the appeal filed by Joe Gordy and John Wade, Jr., to appeal the Planning Commission's recommendation for the petition filed by Cellular South Real Estate, Inc., on behalf of Martin W. Garrick Trust, owner, represented by Joe Gordy, to allow a Use Permit Upon Review for a Telecommunication Tower, Article 4, Section 62.03 (6) in a B-5 (Regional Business) District, for certain property located at 116 W. Park Drive (parcel #51P-11-027.001, PPIN 31886, Ward 3); (Hattiesburg Planning Commission recommended to DENY on December 1, 2010). 2. Hold a public hearing for the appeal filed by Joe Gordy and John Wade, Jr., to appeal the Planning Commission's recommendation for the petition filed by Cellular South Real Estate, Inc., on behalf of Martin W. Garrick Trust, owner, represented by Joe Gordy, a. To vary from Article 5, Section 98.06 (3A) which states that the tower shall be set back the height of the tower on all sides from the tower site’s property lines and from any public right-of-ways, and instead allow setback of twenty-five (25) feet on the north for a variance of seventy-five (75) feet, b. A setback of thirty-one feet eight inches (31’8”) on the south, for a variance of sixty-eight feet four inches (68’4”), and c. A setback of twenty-three feet seven inches (23’7”) on the east, for a variance of seventy-six feet five inches (76’5”), and d. A setback of fifty-three feet four inches (53’4”) on the west, for a variance of forty-six feet eight inches (46’8”), and e. A setback nineteen feet (19’) on the Eastern Right-of Way of W. Park Drive, for a variance of eighty-one feet (81’), for certain property located at 116 W. Park Drive (parcel #51P-11-027.001, PPIN 31886, Ward 3); (Hattiesburg Planning Commission recommended to DENY on December 1, 2010).
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02-08-11 Proposed AgendaPROPOSED AGENDA HATTIESBURG CITY COUNCIL 4:00 P.M. FEBRUARY 7, 2011 I. Call to Order II. Call to Prayer and Pledge of Allegiance III. Agenda Order IV. Approval of Minutes of January 4, 7, and 18, 2011 V. PRESENTATION AGENDA VI. POLICY AGENDA 1. APPROVE or DENY the petition filed by Cellular South Real Estate, Inc., on behalf of Martin W. Garrick Trust, owner, represented by Joe Gordy, to allow a Use Permit Upon Review for a Telecommunication Tower, Article 4, Section 62.03 (6) in a B-5 (Regional Business) District, for certain property located at 116 W. Park Drive (parcel #51P-11-027.001, PPIN 31886, Ward 3); Hattiesburg Planning Commission recommended to DENY on December 1, 2010. 2. APPROVE or DENY the petition filed by Cellular South Real Estate, Inc., on behalf of Martin W. Garrick Trust, owner, represented by Joe Gordy, a. To vary from Article 5, Section 98.06 (3A) which states that the tower shall be set back the height of the tower on all sides from the tower site’s property lines and from any public right-of-ways, and instead allow setback of twenty-five (25) feet on the north for a variance of seventy-five (75) feet, b. A setback of thirty-one feet eight inches (31’8”) on the south, for a variance of sixty-eight feet four inches (68’4”), and c. A setback of twenty-three feet seven inches (23’7”) on the east, for a variance of seventy-six feet five inches (76’5”), and d. A setback of fifty-three feet four inches (53’4”) on the west, for a variance of forty-six feet eight inches (46’8”), and e. A setback nineteen feet (19’) on the Eastern Right-of Way of W. Park Drive, for a variance of eighty-one feet (81’), for certain property located at 116 W. Park Drive (parcel #51P-11-027.001, PPIN 31886, Ward 3); Hattiesburg Planning Commission recommended to DENY on December 1, 2010. 3. Adopt Resolutions determining the following properties are in such a state of uncleanliness so as to be a menace to the health and safety of the community and providing a specified period of time as recorded on the Resolutions to remove violations per the recommendations of the Code Enforcement Manager. (See attached list.) 4. Adopt Resolutions adjudicating and directing the placement of cleanup costs as an assessment against the following properties, in accordance with state law. (See Attached List) 5. Adopt a Resolution approving the request for a tax exemption filed by HTR Development for ad valorem tax exemption, except school district ad valorem taxes, for property located in the downtown central business district at 127 Buschman Street, in the amount of $203,060, for a period of seven (7) years, beginning January 1, 2010 and ending December 31, 2016. 6. Authorize execution of the HUD Form 1044 “Cooperative Agreement” for the HUD/DOT TIGER II Planning Grant “Mid-Town Master Plan for Mixed-Used District.” 7. Authorize Mayor to execute duplicate original contract between the City of Hattiesburg Parks and Recreation Department and the Noon Day Optimist Club, to develop and promote Dixie Boys Baseball for Hattiesburg Residents from October 1, 2010 through September 20, 2011. (Nunc Pro Tunc) 8. Authorize Mayor to execute duplicate original contract between the City of Hattiesburg Parks and Recreation Department and the Hattiesburg Youth Soccer Association to develop and promote soccer programs for Hattiesburg residents from October 1, 2010 through September 30, 2011. (Nunc Pro Tunc) 9. Approve and authorize the execution of a Subrecipient Agreement with Hattiesburg Area Habitat for Humanity to provide Basic Rehabilitation in connection with the City's CDBG/HOME Housing Rehabilitation/Reconstruction and Repair Grant Program. {Entitlement} 10. Approve and authorize the execution of a Subrecipient Agreement with the Hattiesburg Housing Consortium, a partnership between Hattiesburg Area Habitat for Humanity, Community Connections, Housing Alternatives in Hattiesburg, and R3SM (Recover, Rebuild, Restore Southeast Mississippi) as lead agency, to provide Basic Rehabilitation in connection with the City's CDBG/HOME Housing Rehabilitation/Reconstruction and Repair Grant Program. {Entitlement} 11. Approve Public Service Grant Award to AIDS Services Coalition in an amount not to exceed $13,208 and authorize the Mayor to execute triplicate original Subrecipient Grant Agreements in connection with the same. {Entitlements} 12. Approve Public Service Grant Award to The First Tee of the Pinebelt in an amount not to exceed $15,000 and authorize the Mayor to execute triplicate original Subrecipient Grant Agreements in connection with the same. {Entitlements} 13. Approve Public Service Grant Award to Pinebelt Community Services in an amount not to exceed $12,000 and authorize the Mayor to execute triplicate original Subrecipient Grant Agreements in connection with the same. {Entitlements} 14. Approve Public Service Grant Award to Forrest General Hospital's Pine Grove Behavioral Health and Addiction Services in an amount not to exceed $15,000 and authorize the Mayor to execute triplicate original Subrecipient Grant Agreements in connection with the same. {Entitlements} 15. Approve Public Service Grant Award to United Way of Southeast Mississippi in an amount not to exceed $10,000 and authorize the Mayor to execute triplicate original Subrecipient Grant Agreements in connection with the same. {Entitlements} VII. ROUTINE AGENDA 1. Acknowledge receipt of the monthly budget report for the month ending January 31, 2010, on permanent file in the City Clerk’s Office. 2. Acknowledge receipt of two-bid purchase docket report for period of December 23, 2010, through January 31, 2011, as provided for in Section 31-7-13 (B) of the Mississippi Code of 1972. 3. Acknowledge receipt of letter from the Mississippi State Tax Commission granting the requested ad valorem tax exemption to Rexam Closure Systems, Inc. for a period not to exceed ten (10) years, commencing on December 31, 2009 and ending on December 31, 2019, with a total true value of $17,707,188.00; and adopt a final order granting and allowing same. 4. Acknowledge receipt of the 2010 Hattiesburg Dixie Boys Baseball financial report from the Noon Day Optimist Club. 5. Acknowledge receipt of the 2010 Hattiesburg Youth Soccer Association financial report from the Hattiesburg Youth Soccer Association, Inc. 6. Acknowledge receipt of a check totaling $493.00 from the State of Mississippi to the Hattiesburg Police Department, and authorize monies to be placed in the Hattiesburg Police Department’s Forfeiture Fund. 7. Acknowledge designation of Justin Heskew, Historic Preservation Planner, as Certified Local Government (CLG) Coordinator and submittal of a Certified Local Government Coordinator Agreement to the Mississippi Department of Archives and History. 8. Authorize Mayor to execute renewal of annual maintenance agreement with ITC Deltacom for telephone system equipment at the Police and Fire Training Academy in the amount of $450.00. 9. Authorize Mayor to execute renewal of annual maintenance agreement with ITC Deltacom for telephone system equipment at City Hall in the amount of $2,264.00. 10. Authorize Mayor to Enter Into Agreement between the City of Hattiesburg and MBI for annual monitoring of alarm system located in the Hub City Transit Department in the amount not to exceed $300.00, beginning November 1, 2010. 11. Acknowledge receipt of bids received on January 20, 2011 for demolition services and accept a bid of J & J Construction at a total cost of $27,000.00, as the lowest and best bid received that meets the city's advertised specifications. {Entitlements} 12. Acknowledge receipt of the bids received on January 20, 2011 for Saferooms, Project No. 1235-045 and accept the bid from Nobles Contracting, LLC of Hattiesburg in the amount of $172,000.00 as the best and lowest bid. 13. Authorize publication of the “Request for Proposals” for the HUD/DOT TIGER II Planning Grant “Mid-Town Mixed-Used District Master Plan.” 14. Approve Specifications and Authorize Publication of Advertisement for Term Bid Items #13 and #14 for the Hattiesburg Water Department for the period beginning April 1, 2011, and ending September 30, 2011. 15. Approve Specifications and Authorize Publication of Advertisement for Term Bid Item #29-Rehabilitation of Manhole Interior Surfacing Systems for the Public Services Department for the period beginning April 1, 2011, and ending March 31, 2013. 16. Approve Specifications and Authorize Publication of Advertisement for Term Bid Item Numbers 36 and 37 for the Public Services Department for the period beginning April 1, 2011, and ending September 30, 2011. 17. Approve the City's purchase of one (1) grave space located in the North Half (N1/2) of Lot 4, Section 25, Highland Cemetery, recorded at MB 1982-2/200 in the amount of $175.00 from Jerry and Jobie Ainsworth, and authorize a manual check for the same. 18. Approve the City's purchase of one (1) grave space located in the North Half (N1/2) of Northeast Quarter (NE1/4), Lot 53, Section 26, Highland Cemetery, recorded at MB 1994-3/410-411 in the amount of $175.00 from Sherry McKenzie Andrews, and authorize a manual check for the same. 19. Approve the City's purchase of one (1) grave space located in the South Half (S1/2) of Southeast Quarter (SE1/4), Lot 39, Section 26, Highland Cemetery, recorded at MB 1994-3/409-410 in the amount of $175.00 from Jenice McKenzie McBeth, and authorize a manual check for the same. 20. Approve and authorize issuance of manual checks for HOME Program claims per attached memorandum. {Entitlement} 21. Approve and authorize issuance of manual checks for HOME Program claims per attached memorandum. {Entitlement} 22. Approve and authorize issuance of manual checks for CDBG Program claims per attached memorandum. {Entitlement} 23. Approve Claims Docket for the period ending January 31, 2011.
02-07-11 Work Session AgendaWORK SESSION AGENDA HATTIESBURG CITY COUNCIL FEBRUARY 7, 2011 (following Agenda Review)
ITEMS FOR DISCUSSION: A-1 Garbage Trucks – Delgado A-2 Cottage Overlay District -- Mayor UPDATE AS NEEDED TO KEEP COUNCIL INFORMED: B-1 Electronic Technology-Assessment B-2 Recycle Program-Status Update B-3 CHDO Report B-4 Mississippi Development Bank B-5 Report on conferences, seminars, etc.
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