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City Council Agenda

02-05-08 Agenda

AGENDA
HATTIESBURG CITY COUNCIL
6:00 P.M. FEBRUARY 5, 2008

I. Call to Order


II. Call to Prayer and Pledge of Allegiance

III. Agenda Order

IV. Approval of Minutes of January 8 and 22, 2008

V. PRESENTATION AGENDA

VI. POLICY AGENDA

1. 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 to remove violations per the recommendations of the Code Enforcement Manager. (See attached)

2. Adopt a Resolution appointing Donald Franklin Brown as Chief Administrative Officer.

3. APPROVE or DENY the petition filed by Yama and Diana Jones, owners, for certain property located on Luper Street (parcel #s10-1009-60 & 61), to vary from Sections 52.02 (1) & 53.02 (1), which states that an unattached accessory structures located on same lot is a use permitted in R-1A & R-1B (Single-Family Residential) District, and instead allow an unattached accessory structure to stand alone on the R-1B (Single-Family Residential) District vacant lot; Hattiesburg Board of Adjustments recommended to APPROVE on January 16, 2008, with stipulations that the RV not be used as a residence.

4. APPROVE or DENY the petition filed by Billy Allen, on behalf of Hattiesburg Clinic P.A., owner, represented by David K. Landry, for certain property located at 415 S. 28th Avenue (parcel #s 13-372-1-6-12; 13-372-2-1-9 & 13-372-3-1), to vary from Section 89.04 (27) which states that a medical clinic requires one and two tenths (1.2) parking spaces for each two hundred (200) square feet of gross floor area for a total of one thousand ninety-one(091) parking spaces, and instead allow a total of nine hundred seventy-nine (979) parking spaces, for a variance of one hundred twelve (112) parking spaces; Hattiesburg Board of Adjustments recommended to APPROVE on January 16, 2008.

5. Adopt Resolution finally approving application of Pine Belt Regional Solid Waste Management Authority.

6. Adopt Resolution Authorizing Requisition Number 19 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.

7. Adopt Resolutions adjudicating and directing the placement as an assessment the cleanup cost, not to exceed the value of the property per State Law, against the following properties. (See attached list)

8. Authorize the Mayor to execute an authority to cancel resolutions adjudicating the following properties located at 309 Klondyke St. and 618 Mobile Street and authorize recording of same. (Attached List)

9. Authorize Mayor to execute agreement between the Mississippi State Fire Academy (MSFA) and the Hattiesburg Fire Department (hereinafter referred to as A Customer) to administer the NFPA 1001 Field Program.

10. Approve and authorize Mayor to execute fire protection agreement between the City of Hattiesburg and the University of Southern Mississippi for one (1) year.

11. Authorize the Mayor to enter into a contract with Cellular South for a Cell Phone for James Neal, Electrical Inspector for the Land Code Division.

12. Approve and authorize Mayor to execute in triplicate the Memorandum of Understanding partnering the City of Hattiesburg Department of Urban Development Community Development Division CDBG/HOME Housing Rehabilitation Program, American Red Cross South Central Mississippi Chapter, R-3SM Long Term Recovery a program of United Way, Salvation Army and Catholic Charities for the demolition and reconstruction of Ms. Cassie Graham s home at 705 Lincoln Street, Hattiesburg, Mississippi 39401.

13. Authorize the renewal of Designation for Housing Alternatives in Hattiesburg, Inc., as a City of Hattiesburg Certified Community Housing and Development Organization (CHDO) in connection with the HOME Investment Partnerships Program. {Entitlement}

14. Authorize the renewal of Designation for Pinebelt Community Services, Inc., as a City of Hattiesburg Certified Community Housing and Development Organization (CHDO) in connection with the HOME Investment Partnerships Program. {Entitlement}

15. Authorize the renewal of Designation for Community Connections, Inc., as a City of Hattiesburg Certified Community Housing and Development Organization (CHDO) in connection with the HOME Investment Partnerships Program. {Entitlement}

16. Authorize the renewal of Designation for Breakthrough Community Services, Inc., as a City of Hattiesburg Certified Community Housing and Development Organization (CHDO) in connection with the HOME Investment Partnerships Program. {Entitlement}


VII. ROUTINE AGENDA
1. Acknowledge receipt of the monthly budget report for the month ending January 31, 2008, on permanent file in the City Clerk's Office.

2. Acknowledge receipt of two-bid purchase docket report for period of December 28, 2007, through January 28, 2008, as provided for in Section 31-7-13(B) of the Mississippi Code of 1972.

3. Acknowledge the receipt of appointment by City Judge Vanessa Jones , of Alexandria Redeemer, as Deputy Municipal Court Clerk.

4. Acknowledge receipt of a Drainage Release, executed by Hattiesburg Cycles, Larry Myatt , releasing the City from any damages which may occur due to the construction on property located at 6412 U.S. Highway 49, and authorize recording of same.

5. Acknowledge receipt of a Drainage Release, executed by JFP & G, Inc, releasing the City from any damages which may occur due to the construction on property located at 204 N 40th Avenue, and authorize recording of same.

6. Acknowledge receipt of a Drainage Release, executed by W. H. Stamps, Member, releasing the City from any damages which may occur due to the construction on property located at 3 Blackwell Blvd, and authorize recording of same.

7. Acknowledge receipt of bids on January 10, 2008 for various term bid items for the period beginning April 1, 2008, and ending March 31, 2009 or March 31, 2010, and accept the term bids as per recommendation, as the lowest and best or only bids received that meet the city s advertised specifications.

8. 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, 2008, and ending September 30, 2008.

9. Approve sale of grave spaces per attached memo.

10. Authorize and approve issuance of manual checks for ADDI Program claims per attached memorandum. {Entitlement}

11. Authorize and approve issuance of manual check for CDBG Program claim per attached memorandum. {Entitlement}

12. Authorize and approve issuance of manual check for HOME Program claim per attached memorandum. {Entitlement}

13. Approve Claims Docket for the period ending January 31, 2008.


VIII. PUBLIC AGENDA

A. Citizen Forum















02-04-08 Work Session Agenda

WORK SESSION AGENDA


HATTIESBURG CITY COUNCIL


Monday, February 4, 2008


(Following Agenda Review)


ITEMS FOR DISCUSSION:

A-1. Cable Advisory Board Renewal Process - Bradley

A-2. Presentation regarding Hattiesburg Fire Department, Mr. Kenny Harrell - Bradley

A 3. 111 Mable Street - Ware

AWAITING INFORMATION:

B-1. Study of East Hattiesburg-Schools, Housing, Drainage, etc.-Delgado

UPDATE AS NEEDED TO KEEP COUNCIL INFORMED:

C-1. Electronic Technology-Assessment

C-2. Recycle Program-Status Update

C-3. CHDO Report

C-4. Mississippi Development Bank

C-5. Report on conferences, seminars, etc.


01-22-08 Public Hearing, 2301 Hardy Street

PUBLIC NOTICE OF PUBLIC HEARING TO BE HELD AT 4:00 P.M. ON TUESDAY, JANUARY 22, 2008 , IN THE COUNCIL ROOM OF CITY HALL, PURSUANT TO ORDER ADOPTED DECEMBER 18, 2007, AT MINUTE BOOK 2007-7/661-662



PUBLIC HEARING


HATTIESBURG CITY COUNCIL


4:00 P.M. TUESDAY, JANUARY 22, 2008


1. Hold a Public Hearing regarding the petition filed by John M. Faust and Martin H. Baker, Sr., owners, for certain property located at 2301 Hardy Street (parcel # 21-316-9-9), to vary from Section 78.04 (1) which states that a green space of a minimum of ten (10) feet in depth shall be located parallel to the public right-of-way on all frontages in a B-2 (Neighborhood Business), and instead allow zero (0) feet on the east side, for a variance of ten (10) feet; Hattiesburg Board of Adjustments recommended to APPROVE as amended, on November 28, 2007, with the stipulations of curb and gutter per Bennie Sellers approval, site plan approval, and owner to provide landscaping at city right-of-way per site plan approval.


SCHEDULE, JANUARY 22, 2008

CITY COUNCIL TO MEET TUESDAY ONLY
DUE TO MLK, ROBERT E. LEE HOLIDAY
HATTIESBURG, January 24, 2008 The Hattiesburg City Council will not hold a Monday Agenda Review but will meet only Tuesday, January 22, 2008, due to the Martin Luther King/Robert E. Lee holiday.

Proceedings will begin at 4 p.m. in Council Chambers at City Hall with a public hearing on a petition for a variance filed by John M. Faust and Martin H. Baker, owners, for property located at 2301 Hardy Street. The Council will follow the public hearing with an agenda review, then move into its regular meeting.

01-22-08 Agenda

AGENDA
HATTIESBURG CITY COUNCIL
6:00 P.M. JANUARY 22, 2008


I. Call to Order

II. Call to Prayer and Pledge of Allegiance

III. Agenda Order

IV. PRESENTATION AGENDA

V. POLICY AGENDA

1. TAKE FROM THE TABLE AND APPROVE or DENY the petition filed by John M. Faust and Martin H. Baker, Sr., owners, for certain property located at 2301 Hardy Street (parcel # 21-316-9-9), to vary from Section 78.04 (1) which states that a green space of a minimum of ten (10) feet in depth shall be located parallel to the public right-of-way on all frontages in a B-2 (Neighborhood Business), and instead allow zero (0) feet on the east side, for a variance of ten (10) feet; Hattiesburg Board of Adjustments recommended to APPROVE as amended, on November 28, 2007, with the stipulations of curb and gutter per Bennie Sellers approval, site plan approval, and owner to provide landscaping at city right-of-way per site plan approval.

2. APPROVE or DENY to adopt the Ordinance changing and amending Chapter 2 of the Code of Ordinances, as amended, of the City Of Hattiesburg, Mississippi, so as to add Permit, Inspection, Contractor Licensing, Plan Review, Public Hearing and Planning Fees; amending certain sections from Chapter 9, 22 and 23, being Ordinance Numbers 2580, 2579, 2570, 2497, 2453, 1447, and 1331, to remove conflicting fees; amending Land Development Code Section 82.02, being Ordinance Number 2515 to remove conflicting fees, and Section 96.02, being Ordinance Number 2330 and 2663 to amend properties requiring Site Plan Review; repealing certain Sections From Chapter 9, 22 and 23 of the Code Of Ordinances, specifically being Sections 9-11; 9-11.1; 22-1.1; 22-1.2; 22-57C; 22-57D; 22-62C; 22-62D; 22-86C; 22-86D; 22-124C and 23-63D, Ordinance Numbers 2767, 2692, and 2484, and any other ordinances in conflict therewith.

3. APPROVE or DENY to adopt the Ordinance changing and amending Chapter 2 of the Code Of Ordinances, as amended, of the City Of Hattiesburg, Mississippi, so as to amend Section 2-15, Sub-Section B, and amending Ordinance Numbers 2413, 2349, and repealing Ordinance Numbers 2740, 2417, 2352, and any other ordinances in conflict therewith.

4. APPROVE or DENY to adopt the ordinance for the petition filed by Impressions in Stone Inc. & HTR Development Inc, owners, represented by Thomas H. Eaves, to change the zoning classification of certain properties located at 127 Buschman St. (Ward 2, parcel #35-444-7-6 & 18) from B-3 (Community Business) District to B-4 (Downtown Business) District; Hattiesburg Planning Commission recommended to APPROVE on January 3, 2008.

5. APPROVE or DENY to adopt the ordinance for the petition filed by BTR Investments, LLC, on behalf of Todd Nace, owner, represented by Dungan Engineering, P.A., to change the zoning classification of certain property located on Baggett Street (Ward 4, portion of parcel #25-1037-72) from B-5 (Regional Business) District to R-4 (High Density Residential) District; Hattiesburg Planning Commission recommended to APPROVE on January 3, 2008.

6. APPROVE or DENY to adopt the ordinance for the petition filed by BTR Investments, LLC, on behalf of Todd Nace, owner, represented by Dungan Engineering, P.A., to change the zoning classification of certain properties located at Baggett Street (Ward 4, parcel #25-1037-71) from R-1A (Single-Family Residential) District to R-4 (High-Density Residential) District Hattiesburg Planning Commission recommended to APPROVE on January 3, 2008.

7. APPROVE or DENY to adopt the ordinance for the petition filed by BTR Investments, LLC, on behalf of Todd Nace and BTR Investments, LLC, Owners, represented by Dungan Engineering, P.A., to change the zoning classification of certain properties located at Baggett Street (Ward 4, parcel #25-1037-50 & 46) from R-1A (Single-Family Residential) District to R-4 (High-Density Residential) District; Hattiesburg Planning Commission recommended to APPROVE on January 3, 2008.

8. Authorize establishment of new fund, to be titled 2007 General Obligation Refunding Bonds (Fund #50) for the purpose of recording proceeds of bonds issued to refund Series 1998 General Obligation Infrastructure/Facilities Bonds and associated issuance costs.

9. Adopt Resolution to approve and adopt the budget for the 2007 General Obligation Refunding Bonds (Fund #50) for the City of Hattiesburg for the fiscal year ending September 30, 2008, and authorize publication of same.

10. Adopt Resolution appointing Darnelle Larremore as a Deputy City Clerk effective January 22, 2008.

11. Adopt Resolution Authorizing Requisition Number 18 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.

12. Adopt Resolution declaring surplus certain items and authorize sale of said items at an auction to be held by Durham Auctioneers, per attached list.

13. Adopt a Resolution changing the time of the February 19, 2008 Council Meeting to 4:00 p.m., due to the President's Day Holiday, and changing the time to 4:00 p.m. for any future Council Meetings that occur on the Tuesday following a Monday holiday observed by City employees.

14. Ratify and confirm the Mayor's appointment of Charles T. Finnegan, W4 (replaces Bill Rodgers), to the Construction Board of Examining, for a term (8/21/07 to 8/20/2010), beginning 1/22/08 and ending 8/20/2010.

VI. ROUTINE AGENDA

1. Acknowledge receipt of letter filed by Alcus Hudson to appeal the Historic Conservation Commission's recommendation to DENY the petition filed by Alcus Hudson and John Ervine, owners, to construct a new single-family residence at 310 24th Avenue; (Hattiesburg Historic Conservation Commission recommended to DENY on 1/9/2008), set a public hearing before Council on February 19 at 4 PM, and authorize publication of Public Notice setting an appeal hearing.

2. Authorize Mayor to execute Agreement between City of Hattiesburg and Durham Auctions, Inc. to provide auction services from January 3, 2008 for one(1) year, for the disposal of personal property that has been declared surplus.

3. Authorize Mayor to Renew Maintenance Contract between the City of Hattiesburg and KONE Inc for elevator maintenance for the Hattiesburg Police Department in the amount of $9,394.56, for the period beginning October 1, 2007 and ending September 30, 2008.

4. Authorize Mayor to enter into a Maintenance Agreement between the City of Hattiesburg and R J Young Company for maintenance on a copier located in the Parks and Recreation Department in the amount of $0.0129 per copy used, for the period beginning August 1, 2007 and ending September 1, 2008.

5. Acknowledge receipt of Declaration of Forfeitures from the Forrest/Perry Metro Narcotics Task force forfeiting a check totaling $4,122.24 to the Hattiesburg Police Department, and authorize monies to be placed in the Hattiesburg Police Department's Forfeiture Fund.

6. Acknowledge receipt of Declaration of Forfeitures from the Forrest County Court of two (2) vehicles as follows:

One(1) 2002 Cadillac Deville VIN# 1G6KD54Y42U270910
One(1) 2004 Ford Expedition VIN# 1FMPU17L64LB70923

to the Hattiesburg Police Department, and authorize the vehicle to be placed in the inventory of the Hattiesburg Police Department.

7. Approve Specifications and Authorize Publication of Advertisement for the Hattiesburg Cultural Center and C.E. Roy Community Center Paint Project for the Hattiesburg Parks and Recreation Department.

8. Approve acceptance of payment in the amount of $543.37 for the purchase of parcel #43-624-8-4 for 2002 realty taxes and matured to the City of Hattiesburg; approve issuance of a Quitclaim Deed to Linda P. Mitchell, as per recommendation.

9. Acknowledge receipt of Privilege License Report for the month of December 2007 from Tax Department, as per recommendation.

10. Approve the City s purchase of two (2) grave spaces located in Southwest Quarter (S W1/4) Lot 101, Section 22, recorded at MB 1986-2/500, Highland Cemetery, in the amount $350.00 from Earsel Cupp and authorize a manual check for the same.

11. Approve the City s purchase of four (4) grave spaces located in South Half (S 1/2)Lot 112, Section 21, recorded at MB 1980-2/122, Highland Cemetery, in the amount $500.00 from Marvin and Marie Clement and authorize a manual check for the same.

12. Approve the City s purchase of four (4) grave spaces located in East Half (E ) Lot 59, Section 31, recorded at MB 2006-/172-197, Highland Cemetery, in the amount $700.00 from Sam and Pam Dossett and authorize a manual check for the same.

13. Approve sale of grave spaces per attached memo.

14. Approve Claims Docket for the period ending January 18, 2007.

VII. PUBLIC AGENDA

1. Citizen Forum





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