10-16-07 Agenda

AGENDA
HATTIESBURG CITY COUNCIL
6:00 P.M. OCTOBER 16, 2007

I. Call to Order

II. Call to Prayer and Pledge of Allegiance

III. Agenda Order

IV. PRESENTATION AGENDA

V. POLICY AGENDA

1. Adopt a Resolution approving and ratifying the execution of the Bond Purchase Agreement between the City of Hattiesburg, Mississippi (The "City"), and Morgan Keegan & Company, Inc., Memphis, Tennessee (The "Underwriter"), in connection with the sale and award of General Obligation Refunding Bonds, Series 2007, of the City, to be dated the date of delivery thereof, in the principal amount of Six Million Twenty Five Thousand Dollars ($6,025,000) (The "Bonds").

2. Adopt a Resolution (I) rescinding the Bond Resolution adopted by the Mayor and City Council of the City of Hattiesburg, Mississippi, on June 5, 2007; and (II) authorizing and directing the issuance of General Obligation Refunding Bonds, Series 2007, of the City of Hattiesburg, Mississippi (The "City"), in the principal amount of not to exceed Six Million Five Hundred Forty-Five Thousand Dollars ($6,545,000) to raise money for the purpose of current refunding certain maturities of the City s outstanding General Obligation Bonds, Series 1998, dated March 1, 1998, issued in the original principal amount of $9,500,000.

3. Adopt a Resolution authorizing and ratifying the form of,
execution of and distribution of the final preliminary official statement for the sale of Six Million Twenty Five Thousand Dollars ($6,025,000) General Obligation Refunding Bonds, Series 2007, of the City of Hattiesburg, Mississippi; and Resolution authorizing and ratifying the form of , the execution of and distribution of an official statement and supplement relating to official statement pertaining to the Six Million Twenty Five Thousand Dollars ($6,025,000) General Obligation Refunding Bonds, Series 2007, of the City of Hattiesburg, Mississippi.

4. Adopt a Resolution authorizing the Mayor or Clerk of the City of Hattiesburg, Mississippi (The "City"), to provide a written notification to First Security Bank, Batesville, Mississippi, paying agent for the $9,500,000 City of Hattiesburg, Mississippi General Obligation Bonds, Series 1998, dated March 1, 1998 (The "1998 Bonds"), of the refunding and optional redemption of certain outstanding maturities of the 1998 Bonds with the funds to be provided by the issuance of the not to exceed Six Million Twenty Five Thousand Dollars ($6,025,000) General Obligation Refunding Bonds, Series 2007, of the City of Hattiesburg, Mississippi.

5. APPROVE or DENY to adopt the ordinance for the petition filed by the City of Hattiesburg for a text amendment to adopt regulations for Registration, Certification and Inspection of Rental Dwellings; Hattiesburg Planning Commission recommended to APPROVE on September 5, 2007.

6. APPROVE or DENY to adopt the ordinance for the petition filed by St. James Wright, VFW Post 5397 (Commander Charles E. Beasley), owner, to change the zoning classification of certain properties located at 1415 East Laurel Street, (parcel # 43-1020-22A), from A-2 (Agricultural Residential) to B-3 (Community Business) District; Hattiesburg Planning Commission recommended to APPROVE on October 3, 2007.

7. APPROVE or DENY to adopt the ordinance for the petition filed by BeeJay Development, Lavella Dragula and Burnelle McMahan, owners, to change the zoning classification for certain undeveloped property located on Lincoln Road (parcel # 24-1032-52), from B-2 (Neighborhood Business) to B-3 (Community Business) District; Hattiesburg Planning Commission recommended to DENY on October 3, 2007.

8. APPROVE or DENY the petition filed by Abundant Life
Ministries (Beverly Stalling), owner, to allow a Use Permit Upon Review for a "Church & Care Center" in an R-1C (Single-Family Residential) District located at 131 Stepts Avenue (parcels # 167A-10119-130, 131, 132, 157, & 158); Hattiesburg Planning Commission recommended to APPROVE on October 3, 2007.
9. APPROVE or DENY the plat to combine subdivide lots filed by Abundant Life Ministries (Beverly Stallings) owner, for certain properties located at 131 Stepts Avenue (parcels # 167A-10119-130, 131, 132, 157, & 158); Hattiesburg Planning Commission recommended to APPROVE on October 3, 2007.

10. APPROVE or DENY the plat to subdivide lots filed by Ralph Loyd, Hickory Hollow Homes, LLC, owner, represented by Bert Kurkendall, P.E., Town Square Design LLC, for certain lot located at 24 PD Freeman Road ( parcel # 168A- 10123-7); Hattiesburg Planning Commission recommended to APPROVE on October 3, 2007.

11. Adopt Resolution Authorizing Requisition Number 13 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. Ratify and confirm the Mayor's appointment of Joe White, W5 (replaces Pamela Pridgen) for a term (8/03/04 to 5/12/2009), beginning 10/16/2007 and ending 5/12/2009 to the Planning Commission Board.

13. Authorize and approve Mayor to execute in triplicate CDBG Fa ade Grant Agreement between HubSouth Development, LLC and the City of Hattiesburg concerning a portion of the cost for fa ade improvements totaling $10,000.00 to the property located in the Central Business District of Downtown Hattiesburg at 516/518 Main Street. {Entitlement}

14. Acknowledge receipt of bids received on October 5, 2007 for furnishing construction services for the City of Hattiesburg Department of Urban Development Community Development Division CDBG/HOME Housing Rehabilitation Program and accept the bids of the following as the lowest and best bids received per the recommendation of the Selection Committee: Drummond Construction - 124 Chambliss Dr. $36,014.00; Drummond Construction - 1505 Kathleen St. $26,858.00; Smith s Remodeling 1216 N. 34th Ave $32,375.00. Approve and authorize Mayor to execute in triplicate contracts for same.

VI. ROUTINE AGENDA

1. Authorize Mayor to execute agreement between City of
Hattiesburg and Neel-Schaffer for structural and geotechnical engineering services at Jackie Dole Sherrill Community Center in the amount of $11,500.00

2. Authorize Mayor to execute agreement in duplicate between the City of Hattiesburg and Robert Michael Gammill & Associates, LLC to provide landscape architectural services for the Hwy 49N/I59 and Hwy 49S/Hwy 11 Interchange Beautification Project.

3. Authorize the Mayor to renew a service agreement between the City of Hattiesburg and R J Young Company to provide maintenance on a copier located in the City Clerk's Office at annual cost of $1,351.00.

4. Approve payment Estimate No. 2 and Final Payment to Greenbriar Digging Service, LP in the amount of $38,240.00 for construction services rendered; Approve final acceptance of said project; and Authorize Publication of the Notice of Final Settlement of contract of same.

5. Approve payment Estimate No. 6 and Final Payment to Greenbriar Digging Service, LP in the amount of $43,847.00 for construction services rendered; Approve final acceptance of said project; and Authorize Publication of the Notice of Final Settlement of contract of same.

6. Acknowledge receipt of Performance Bond in the amount of $125,000.00 from Cascades Development, LLC to guarantee completion of infrastructure in Cascades Subdivision, Phase I, Hattiesburg, Forrest County, Mississippi.

7. Acknowledge receipt of letter filed by Justin Morgan,
proponent, to appeal the Planning Commission's recommendation to DENY the petition filed by Southern Scrap Material Co., represented by Joel Dupre , on behalf of the Estate of Neal B. Stokes & Stokes Distributing Co., owner, to allow a Use Permit Upon Review for I-1 Uses (metal recycling facility) in a B-5 (Regional Business) District, for certain property located at 314 East 3rd St. (parcels # 35-64-1-1 & 9 and parcels #35-292-21-1, 2, 3, & 4); (Hattiesburg Planning Commission recommended to APPROVE with stipulations on 9/5/2007 and DENY on 10/3/07 ), set a public hearing before Council on November 5, 2007 at 4 PM, and authorize publication of Public Notice setting an appeal hearing.

8. Acknowledge receipt of 2007 Emergency Shelter Grant award in the amount of $120,000 from the Mississippi Development Authority.

9. Acknowledge Solid Waste Revenues and Expenditures Report for the Fiscal Year ending September 30, 2007 and authorize publication of same.

10. Acknowledge receipt of executed Recorded Special Warranty Deed from Mary V. Morrison McKenzie, Administrxtrix of the Estate of Ann Hagerty Morrison, Deceased, and Robert L. Morrison, Jr., to the City of Hattiesburg in reference to the North Lagoon 592 Project - Expansion of the North Lagoon-Purchased Property MB# 2007-6/ PP18-25.

11. Acknowledge receipt of a Drainage Release, executed by B. B. Patel, releasing the City of Hattiesburg from any damages which may occur due to the construction on property located at #2 Churchill Street, and authorize recording of same.

12. Acknowledge receipt of a Drainage Release, executed by
Cornell D Nelson, releasing the City of Hattiesburg from any damages which may occur due to the construction on property located at 111 Linden Court, and authorize recording of same.

13. Acknowledge receipt of a Drainage Release, executed by
James K Schwartz/NPC International, Inc, releasing the City of Hattiesburg from any damages which may occur due to the construction on property located at 3610 Hardy Street, and authorize recording of same.Approve sale of grave spaces per attached memo.

14. Acknowledge receipt of a Drainage Release, executed by
Sunset Properties, LLC, releasing the City of Hattiesburg from any damages which may occur due to the construction on property located at 1104 S. 28th Avenue, and authorize recording of same.

15. Acknowledge receipt of Declaration of Forfeitures from the Forrest/Perry Metro Narcotics Task force forfeiting a check totaling $1,364.70 to the Hattiesburg Police Department, and authorize monies to be placed in the Hattiesburg Police Department's Forfeiture Fund.

16. Acknowledge receipt of 2007 Expenditure Report for the Hattiesburg Little League Association.

17. Authorize Advertisement for Bids for Sewer Rehabilitation on Hardy Street to be published in the Hattiesburg American.

18. Acknowledge receipt of the bids received October 4, 2007, for 450 Various Trees for the Mississippi Forestry Commission Urban and Community Forestry Assistance Hurricane Katrina Tree Recovery Program, and accept the bid of Green Forest Nursery at a total cost of $17,425.00, as the lowest and best bid received that meets the City s advertised specifications.

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

20. Approve and authorize issuance of manual check for ADDI Program Claim per attached memorandum. {Entitlement}

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

22. Approve sale of grave spaces per attached memo.

23. Approve Claims Docket for the period ending October 12, 2007.

VII. PUBLIC AGENDA

1. Citizen Forum