06-03-08 Agenda

AGENDA
HATTIESBURG CITY COUNCIL
6:00 P.M. JUNE 3, 2008

I. Call to Order

II. Call to Prayer and Pledge of Allegiance

III. Agenda Order

IV. Approval of Minutes of May 6 and 20, 2008

V. PRESENTATION AGENDA

VI. POLICY AGENDA

1. APPROVE or DENY the petition filed by Frank Pickering, represented by Darrell Fussell/ Arrow Engineering & Consulting, for preliminary plat to subdivide newly annexed undeveloped property located at Lincoln Road Ext. (Sandy Run Road) (PPIN 30129); Hattiesburg Planning Commission recommended to APPROVE on May 13, 2008.

2. APPROVE or DENY to adopt the ordinance for the petition filed by Frank Pickering, represented by Darrell Fussell/ Arrow Engineering & Consulting, to zone certain newly annexed undeveloped property located at Lincoln Road Ext. (Sandy Run Road) (PPIN 30129) to B-3 (Community Business) District and R-4 (High Density Residential) District; Hattiesburg Planning Commission recommended to APPROVE on May 13, 2008.

3. APPROVE or DENY to adopt the ordinance for the petition filed by Dean Vance, represented by Zachary Sims, to close and vacate an unnamed alley running east/west between North 10th Ave. and Broad and parallel to Dearborn and Hardy St; Hattiesburg Planning Commission recommended to APPROVE on May 13, 2008.

4. APPROVE or DENY to adopt the ordinance for the petition filed by Dean Vance, represented by Zachary Sims, to change the zoning classification of certain properties located at corner of Dearborn and 10th Ave. (parcels #28-604-8-2 & 3) from B-1 (Professional Business) District to B-3 (Community Business) District; Hattiesburg Planning Commission recommended to APPROVE on May 13, 2008.

5. APPROVE or DENY the petition filed by St. Johns Lutheran Church on behalf of Obra Quave, owner, represented by Clearpoint Consulting Engineers- Scott McMurrian, to allow a Use Permit Upon Review for a parking lot in a R-1B (Single-Family Residential) District, for certain properties located at 102 Kimball Ave. (parcel 21-312-8-5); Hattiesburg Planning Commission recommended to APPROVE on May 13, 2008. (See suggested stipulations above)
6. APPROVE or DENY the petition filed by Billy Allen-Hattiesburg Clinic, on behalf of South Mississippi Health Services, Inc., owners, represented by David K. Landry, for certain property located at 1101 South 28th Avenue (parcel #15-1034-32, Ward 3):

1. To vary from Article 4, Section 58.04 (12) which states that a maximum of sixty (60) percent of the lot may be covered by impervious surfaces, and instead allow seventy-six (76) percent to be impervious surface, for a variance of sixteen (16) percent impervious surface; and
2. To vary from Article 4, Section 58.04 (15), which states that the maximum buildable area is ten thousand(000) square feet of floor area per lot, and instead allow eleven thousand and sixty(060) square feet, for a variance of one thousand and sixty(060) square feet;

Hattiesburg Board of Adjustments recommended to APPROVE on May 21, 2008.

7. APPROVE or DENY the petition filed by Dinesh P. Patel, on behalf of Dinesh P. Patel & Kokila D. Patel, owners, represented by James W. Gladden, Jr., for certain undeveloped property located on the southwest ROW of Gateway Drive (parcel #52-1065-15, Ward 1):

1. To vary from Article 4, Section 62.04 (7), which states that no building or structure shall exceed three (3) stories in height, and instead allow five (5) stories, for a variance of two (2) stories in a B-5 (Regional Business) District;
2. To vary from Article 5, Section 78.03, which states that when a residential district abuts a B-5 (Regional Business) District, a minimum buffer strip of fifty (50) feet is required, and instead allow a fifteen (15) feet buffer, for a variance of thirty-five (35) feet;
3. To vary from Article 5, Section 78.03 (3), which requires a six (6) foot solid fence along perimeter of required buffers, and instead allow no fencing; and
4. To vary from Article 5, Section 78.03 (4), which requires eighty (80) percent year round visual screening at maturity, and instead not require any new perimeter landscaping;

Hattiesburg Board of Adjustments recommended to APPROVE on May 21, 2008.

8. APPROVE or DENY the petition filed by Larry & Glenn Myatt (Myatt Properties LLC), owners, represented by PierCon, Inc. (Chris Broussard), for certain property located at 6412 U.S. Hwy 49 (parcel #19-402-1-2, Ward 2):

1. To vary from Article 5, Section 78.03 (3), which requires a six (6) foot solid fence along perimeter of required buffers, and instead allow no fencing; and
2. To vary from Article 5, Section 78.03 (4), which requires eighty (80) percent year round visual screening at maturity, and instead not require any new perimeter landscaping;

Hattiesburg Board of Adjustments recommended to APPROVE the (1) fencing and DENY the (2) visual screening (due to lack of majority) on May 21, 2008.

9. APPROVE or DENY the petition filed by Eva Lewis and Janice Pierce, on behalf of Eva Lewis, owner, represented by Janice Pierce, for certain property located at 701 Katie Avenue (parcel #39-12-5-9, Ward 2), to vary from Article 4, Section 52.04 (2B) which states that on corner lots the side yard regulation shall be the same as for interior lots having a width of not less than ten (10) feet, and instead allow six (6) feet, for a variance of four (4) feet; Hattiesburg Board of Adjustments recommended to APPROVE on May 21, 2008 with the amendment that the proposed home be rotated to face Katie Avenue instead of Morton Street, resulting in a need for a front setback variance of ten (10) feet and a rear setback variance of thirteen (13) feet, instead of the requested side setback variance of four (4) feet, to not further encroach on neighboring properties.

10. APPROVE or DENY the petition filed by Rajendrakumar Patel, owner, represented by Clearpoint Consulting Engineers, for certain property located at 6779 U.S. Hwy 49 (parcel #53-1064-40, Ward 1); to vary from Article 4, Section 62.04 (7) which states that no building or structure shall exceed three (3) stories in height, and instead allow five (5) stories, for a variance of two (2) stories in a B-5 (Regional Business) District; Hattiesburg Board of Adjustments recommended to APPROVE on May 21, 2008.

11. APPROVE or DENY the petition filed by Hattiesburg Eye Clinic (Dr. Stony Williamson), owner, represented by Headrick Sign Co. (Lyon Herrington), for certain property located at 103 Milsaps Drive/100 W. Hospital Drive (parcel #57-555-1-3, Ward 3): to vary from Article 5, Section 95.07 (2E) which states that the front setback shall be a minimum of ten (10) feet from the public right-of-way for a free standing sign, and instead allow one (1) feet, for a variance of nine (9) feet; Hattiesburg Board of Adjustments recommended to APPROVE on May 21, 2008.

12. Authorize submission of MS Department of Archives and History Certified Local Government grant Memorandum of Agreement in the amount of $9,749.50 ($9,749.50 local match) for the Eaton School project. (nunc pro tunc)

13. Acknowledge award of 2008 MS Department of Transportation Urban Youth Corps Grant in the amount of $35,000 and authorize Mayor to execute General Agreement.

14. Authorize Mayor to execute in triplicate originals of Engineering Agreement between the City of Hattiesburg and Shows, Dearman & Waits, Inc. for Rehabilitation and Improvements at Water Plant #2 on James Street.

15. Authorize Mayor to Execute in triplicate Agreement for Professional Services between City of Hattiesburg and Shows, Dearman & Waits, Inc. for Water System Map Updates including location of valves on Water Distribution System.

16. Authorize Mayor to execute triplicate Agreements between the Albert & Associates Architects and City of Hattiesburg, to provide services for the assessment of code violations on buildings i

05-20-08 Agenda

Please note that the final report from Apex Environmental Consultants, Inc., as to results of testing for soil and groundwater contamination from creosote at certain sites in East Hattiesburg will be presented to the City Council Monday, May 19, during the Study Agenda.

AGENDA
HATTIESBURG CITY COUNCIL
6:00 P.M. MAY 20, 2008
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 the ordinance for the petition filed by Jacquelyn Williams, represented by Anthony Williams, to change the zoning classification of certain property located at 801 Country Club Road (parcel #31-628-5-14, Ward 5) from R-1C (Single-Family Residential) District, to B-2 (Neighborhood Business) District; Hattiesburg Planning Commission recommended to APPROVE on May 7, 2008.

2. APPROVE or DENY to adopt the ordinance for the petition filed by Tammy Holmes, owner, to change the zoning classification of certain properties located at 600 Katie Ave (parcel #39-844-1-2, Ward 5) from B-1 (Professional Business) District, to B-2 (Neighborhood Business) District; Hattiesburg Planning Commission recommended to APPROVE on May 7, 2008.

3. APPROVE or DENY to adopt the ordinance for the petition filed by Trinity Episcopal Church, represented by Leighton Lewis, to close and vacate an alley that runs east/west between 1st and 2nd Avenue and parallel with W. Pine and Corrine St, (Ward 4); Hattiesburg Planning Commission recommended to APPROVE on May 7, 2008.

4. Adopt Resolution Authorizing Requisition Number 26 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.

5. Adopt Resolution declaring surplus the attached list of assets and authorize the disposal of said assets as scrap surplus materials.

6. Adopt a Resolution to declare surplus certain property located on Annie Christie Drive, PPIN 10161 and authorize transfer of said property to Hattiesburg Area Habitat for Humanity.

7. Authorize Mayor and City Clerk to Execute quitclaim deed releasing a temporary construction easement that was obtained from PKS Partners, Ltd.

8. Declare and approve the purchase of Archaea for the Hattiesburg Water Lagoons as a sole source purchase as provided for in Section 31-7-13 (viii), of the Mississippi Code of 1972, based on information as per attached letter.

9. Authorize submission of 2008 Juvenile Accountability Block Grant supplemental funding application to the MS Department of Public Safety in the amount of $52,045(271 state/ $4,774 local match).

10. Acknowledge receipt of deed from Forrest County conveying the property known as the former Wade Kennedy Livestock Arena site, more particularly described in the survey attached, and accept property as a donation.

VI. ROUTINE AGENDA

1. Acknowledge receipt of letter filed by Bridge Ridge, petitioner, requesting to appeal the Planning Commission's recommendation to DENY the petition to allow a Planned Residential Development (PRD) and subdivision in a R-1A (Single-Family Residential-10,000 sq ft.) District, for certain newly annexed undeveloped property located at Ira Hudson Road (PPIN 039197) (Ward 5). (Hattiesburg Planning Commission recommended to DENY on 5/13/08), set a public hearing before Council on June 16, 2008 at 4 PM, and authorize publication of Public Notice setting an appeal hearing.

2. Acknowledge receipt of a Drainage Release, executed by Craig Flanagan, releasing the City from any damages which may occur due to the construction on property located at 1911 Broadway Drive, and authorize recording of same.

3. Acknowledge receipt of a Drainage Release, executed by VOB Development, releasing the City from any damages which may occur due to the construction on property located at 8 Grenada Dive, Beverly Hills Homes, and authorize recording of same.

4. Acknowledge receipt of bids on January 10, 2008 for Term Bid Item #30 - Herbicide Treatment for the period ending March 31, 2009 or March 31, 2010, and accept the bid of Chem Spray South as the lowest and best bid received that meet the city s advertised specifications.

5. Approve Specifications and Authorize Publication of Advertisement for Two (2) New 2wd Tractors with Cab for the Street Division.

6. Approve Specifications and Authorize Publication of Advertisement for One (1) New 4wd Tractor with Cab and Loader for the Airport Division.

7. Acknowledge receipt of Privilege License Report for the month of April 2008 from the Tax Department, as per recommendation.

8. Authorize and approve issuance of manual check for CDBG Program claim per attached memorandum. (Entitlement)

9. Authorize and approve issuance of manual check for ADDI Program claim per attached memorandum. (Entitlement)

10. Authorize and approve issuance of manual check for HOME Program claim per attached memorandum. (Entitlement)

11. Approve Claims Docket for the period ending May 16, 2008.

VII. STUDY AGENDA

1. Report from Apex Environmental Consultants, Inc.- Bradley

VIII. PUBLIC AGENDA

1. Citizen Forum