08-07-07 AGENDA

AGENDA

HATTIESBURG CITY COUNCIL

4:00 P.M. AUGUST 7, 2007

I. Call to Order

II. Call to Prayer and Pledge of Allegiance

III. Agenda Order

IV. Approval of Minutes of July 3, 16 and 17, 2007

V. PRESENTATION AGENDA

VI. POLICY AGENDA

1. APPROVE or DENY to adopt the ordinance for the petition filed by Kenney Properties, Inc., on behalf of Johnny McArthur, owner, represented by Larry Gunn, to change the zoning classification of certain property located at 1000 Beverly Hills Road (parcel # 10-1009-5, 7A & 7), from R-1B (Single-Family Residential) District, to R-4 (High Density Residential) District; Hattiesburg Planning Commission recommended to APPROVE on July 5, 2007.

2. APPROVE or DENY to adopt the ordinance for the petition filed by Jackson Equity Investments, Inc. (David & Stella Pogue), owners, represented by Justin Pogue, to change the zoning classification of certain property located at 325 West 4th Street (parcel # 27-144-1-3), from R-1A (Single-Family Residential) District, to R-3 (Multi-Family Residential) District; Hattiesburg Planning Commission recommended to DENY on July 5, 2007.

3. Take from the Table and APPROVE or DENY to adopt the ordinance for the petition filed by Jackson Equity Investments, Inc. (David & Stella Pogue), owners, represented by Justin Pogue, to change the zoning classification of certain property located at 525 Buschman Street (parcel # 35-292-38-7), from R-1A (Single-Family Residential) District, to R-2 (Two-Family Residential) District. The proposed use is two-family residence; Hattiesburg Planning Commission recommended to DENY on July 5, 2007.

4. Take from the Table and APPROVE or DENY to adopt the ordinance for the petition filed by Jackson Equity Investments, Inc. (David & Stella Pogue), owners, represented by Justin Pogue, to change the zoning classification of certain properties located at 806 & 808 Arledge Street (parcel #s 39-608-1-3 & 4), from B-1 (Professional Business) District, to R-3 (Multi-Family Residential) District. The proposed use is multi-family; Hattiesburg Planning Commission recommended to APPROVE on July 5, 2007.


5. Take from the Table and APPROVE or DENY the plat to combine subdivided lots filed by Jackson Equity Investments, Inc. (David & Stella Pogue), owners, represented by Justin Pogue, for certain properties located at 806 & 808 Arledge Street (parcel #s 39-608-1-3 & 4); Hattiesburg Planning Commission recommended to APPROVE on July 5, 2007.
6. Take from the Table and APPROVE or DENY to adopt the ordinance for the petition filed by Woodbridge Investments, Inc., owners, represented by Marcus J. Byrd, Gene Klotz and Robert E. Peterson II, to change the zoning classification of certain properties located on 39th Avenue (portion of parcel #s12-748-3-1, 2A, 2, 3, & 4), from R-3 (Multi-Family Residential) District, to R-2 (Two-Family Residential) District. The proposed use is single-family residence; Hattiesburg Planning Commission recommended to APPROVE on July 5, 2007.

7. Take from the Table and APPROVE or DENY the plat to subdivide lots filed by Woodbridge, Inc., owner, represented by Marcus J. Byrd, Gene Klotz and Robert E. Peterson II, for certain lots located on 39th Avenue (parcel # 12-748-3-1, 2A, 2, 3 & 4); Hattiesburg Planning Commission recommended to APPROVE on July 5, 2007.

8. Take from the table and APPROVE or DENY the plat to subdivide lots filed by Alice E. Shirley, owner, represented by Marcus J. Byrd, Gene Klotz and Robert E. Peterson II, for certain lot located at 1300 N. 31st Avenue (parcel # 10-1009-56); Hattiesburg Planning Commission recommended to APPROVE on July 5, 2007.

9. APPROVE or DENY the petition filed by Southern Development, owner, represented by Hunter Andrews, Andrews-Ford Engineers Services, PLLC, for certain undeveloped property located on Carlisle Road (parcel #4-1057-17A), to vary from Section 78.04 (1), which states that a buffer strip of ten (10) feet in depth shall be located parallel to the public right-of way on all frontages in the B-5 (Regional Business) District, and instead allow a minimum of zero (0) feet buffer strip along certain portions of Carlisle Road for a variance of ten (10) feet; and also allow a minimum of six and a half (6.5) feet buffer strip along certain portions of Plaza Drive, for a variance of three and a half (3.5) feet; Hattiesburg Board of Adjustments recommended to APPROVE on July 11, 2007, with the stipulation that parking space numbers 4 and 5 (starting in the Southwest corner of the 8 spaces nearest the building on the Carlisle Street side) will be eliminated and an eighteen foot by eighteen foot (18' X 18') green space will be installed with curbing, and heavily landscaped with a minimum of one substantial tree planted, species to be approved by the City Arborist, Andy Parker.

10. APPROVE or DENY the petition filed by Jerry Pierce, owner, represented by Landmark Surveying, LLC (Marc Broome), for certain property located at 1532 North Main Street (parcel #26-680-1-1), to vary from Section 78.04 (1), which states that a buffer strip of ten (10) feet in depth shall be located parallel to the public right-of way on all frontages in the B-5 (Regional Business) District, and instead allow zero (0) feet buffer strip along Providence Street, the unnamed alley, and part of Main Street, for a variance of ten (10) feet; Hattiesburg Board of Adjustments recommended to APPROVE with amendments on July 11, 2007.

11. Adopt Resolution Authorizing Requisition Number 10 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 the August 7, 2007 Amendments to the budget for the City of Hattiesburg for the fiscal year ending September 30, 2007; and adopt resolution authorizing publication of amendments for funds in excess of 10% of the original appropriation fund balance.

13. Adopt resolution declaring surplus a 1998 Crown Victoria, Unit #10475, and authorize the sale of said vehicle at the next City Auction or its donation to another government entity, as needed, upon request

14. Authorize the Mayor to execute an agreement with the Rawls Springs Utility District to provide water meter readings for its customers within their franchise area, but lying inside the Hattiesburg City limits and being provided access to the Hattiesburg sanitary sewer system; said agreement would allow the City to accurately assess sewer charges to these customers based on water usage levels.

15. Acknowledge and accept proposal from United Water for professional services as specified for the City s wastewater treatment facilities, and authorize Mayor to execute contract/agreement for same.
16. Authorize Mayor to execute duplicate Easement Agreement between Kimco Hattiesburg II, L.P.and City of Hattiesburg, in connection with Turtle Creek Commons Project.

17. Approve and authorize the Mayor to execute duplicate original agreements between the City of Hattiesburg - Parks and Recreation Department and Ella R. Grant (Instructor) to develop and promote the Ceramics Program for Hattiesburg residents. The program will operate October 01, 2007 through September 30, 2010.

18. Authorize submission of Title V Community Prevention Grant 2007 to the Mississippi Department of Public Safety in the amount of $75,000 (nunc pro tunc).

19. Authorize the Mayor to resubmit the 410 Alcohol Counter Measure Grant to the Mississippi Department of Public Safety Planning Division in the amount of $125,000.00 (Local match $31,250.00), (Federal Match $93,750.00). (Nunc Pro Tunc)

20. Authorize the submission of an application for the 2007 Edward Byrne Memorial Justice Assistance Grant to the U.S. Department of Justice in the amount of
$33, 568.00. (Nunc Pro Tunc)

21. Authorize the Mayor to submit the COPS FY 2007 Methamphetamine Initiative Grant to the US Department of Justice for the amount of $417, 000.00. No Local match is required. (Nunc Pro Tunc)

22. Authorize submittal of Hazard Mitigation Planning Grant (HMPG) pre-applications for projects (see attached) outlined in the Regional Multi-Hazard Mitigation Plan.

23. Ratify and confirm the Mayor's re-appointment of Raylawni Branch to the Hattiesburg Historic Conservation Commission for a five year term beginning 6-25-07 and ending 6-24-2012.

24. Ratify and confirm the Mayor's re-appointments of Marvin E. Fluker, Sr., for a five year term beginning 6-17-07 and ending 6-16-2012 and Wyche McMullan, for a five year term beginning 6-17-06 to 6-16-2011, to the Forrest County Industrial Park Commission.

25. Ratify and confirm the Mayor s re-appointment of Don McClesky (W4) and Judy Corts (W1) to the Land Development Board of Adjustment, for a three year term beginning 1-16-07 and ending 1-15-2010.

26. Ratify and confirm the Mayor s re-appointment of Terrell Tisdale (W3)to the Pine Belt Solid Waste Authority, for a four year term beginning 6-6-07 and ending 6-30-2010.

27. Ratify and confirm the Mayor's re-appointments to the Hattiesburg Tourism Commission as follows,
Chris Rowell (W4) Term of 5 years starting 11-6-06 and ending 11-5-2011
Marshall Bell(W5)Term of 5 years starting 11-6-06 and ending 11-5-2011
Sterling Rascoe (W3) Term of 5 years starting 11-6-06 and ending 11-5-2010

28. Acknowledge receipt of Administrative Consultant Services in the preparation of the City's 2008-2012 Five-Year Consolidated Plan, 2008 One-Year Action Plan (a component of the Five-Year Consolidated Plan) and Analysis of Impediments to Fair Housing Choices in Hattiesburg in connection with the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs and accept the proposal of Nichols Planning and Consultants, LLC as per the recommendation of the Selection Committee. {Entitlement}

VII. ROUTINE AGENDA

1. Acknowledge receipt of the monthly budget report for the month ending July 31, 2007, on permanent file in the City Clerk's Office.
2. Acknowledge receipt of two-bid purchase docket report for period of June 22, 2007, through July 29, 2007, as provided for in Section 31-7-13(B) of the Mississippi Code of 1972.
3. Acknowledge receipt of the audit of the City of Hattiesburg for the Fiscal Year ending September 30, 2007, from Nicholson & Company, P.A. (on file in the City Clerk's Office, as per MS Code 21-8-13(2).

4. Acknowledge receipt of the audit of the Combined Water & Sewer of the City of Hattiesburg for the Fiscal Year Ending September 30, 2007, from Nicholson & Company, P.A. (on file in the City Clerk's Office).

5. Acknowledge receipt of budget for Pine Belt Regional Solid Waste Management Authority for the Fiscal Year 2007 - 2008.

6. Acknowledge receipt of the MS Stop Violence Against Women Act (VAWA) grant in the amount of $24,046.00 federal dollars from the Department of Public Safety.

7. Acknowledge execution of professional services agreement between the City of Hattiesburg and the Pruitt Group for consulting services, to provide direct assistance with acquiring public and other government funding.

8. Approve and authorize advertisement of a Public Hearing for review and comment on te Cable Franchise Agreement in compliance with Section 626 of the Cable Act as amended in order to identify future cable related community needs and interest.

9. Acknowledge receipt of sales in the amount of $22.50 from the Durham Auction held on June 2, 2007.

10. Authorize Mayor to enter into a Maintenance Contract between the City of Hattiesburg and Southern Duplicating to provide maintenance on a Kyocera KM-2550 copier located in the Hattiesburg Intermodal Facility at an annual cost of $552.00.

11. Authorize Mayor to enter into a Service Agreement between the City of Hattiesburg and South Mississippi Business Machines to provide maintenance on a Sharp SD2275 copier located in the Police Department at an annual cost of $1,995.00.

12. Authorize Advertisement for Request for Proposal to Solicit Statements of Qualification from Consulting Firms for Landscape Architectural Services for Beautification Projects located at Hwy 49 N/I59 Interchange and Hwy 49S/Hwy 11 (Cloverleaf Interchange) funded under the SAFE-TEA-LU Enhancement Program.

13. Authorize publication of Advertisement for Bids for Water System Expansion, Westover Drive, Hattiesburg, Mississippi.

14. Authorize publication of Advertisement for Bids for Alcorn/Hall Avenue Drainage Improvements, Hattiesburg, Mississippi.

15. Authorize Publication of Advertisement for Bids for Metal Building for the Hattiesburg Police Department to be located at the intersection of Arledge Street and Katie Avenue.

16. Approve Specifications and Authorize Publication of Advertisement for Fuel Dispensing Equipment Upgrade.

17. Approve acceptance of payment in the amount of $458.60 for the purchase of parcel #167B-5870-13-508 for 2001 and 2002 realty taxes and matured to the City of Hattiesburg; approve issuance of a Quitclaim Deed to John E. Clark, as per recommendation.

18. Approve sale of grave spaces per attached memo.

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

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

21. Approve Claims Docket for the period ending December 31, 2006.

VIII. PUBLIC AGENDA

A. Citizen Forum

07-17-07 AGENDA

AGENDA
HATTIESBURG CITY COUNCIL
6:00 P.M. JULY 17, 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 finding and determining that the Resolution entitled Resolution of the City of Hattiesburg, Mississippi (The "City") declaring the intention of the City to authorize the borrowing of an amount not to exceed Three Million Dollars ($3,000,000) by entering into a loan with the Mississippi Development Bank for the purpose of financing certain capital projects and improvements of the City which shall consist of erecting and purchasing Municipal buildings, and purchasing land therefor, and repairing, improving, adorning and equipping same; and for other authorized purposes, under Sections 31-25-1 ET SEQ., Mississippi Code of 1972, as amended;" as adopted June 19, 2007, was duly published as required by law; that no petition or other objection of any kind or character against the loan described in the Resolution was filed; and authorizing the Loan.

2. Adopt a Resolution approving the form of and authorizing the execution of a Second Addendum to the Development Agreement between the City of Hattiesburg, Mississippi, Kimco Hattiesburg, L.P., Turtle Creek Development, LLC, Turtle Bend, LLC, Bennett V. York and Robert L. Rogers, Jr. with regard to the City's Tax Increment Financing Plan (Market at Turtle Creek Project).

3. Adopt a Resolution approving the sale and award of not to exceed $4,200,000 City of Hattiesburg, Mississippi Tax Increment Limited Obligation Bonds, Series 2007 (Market at Turtle Creek Project) (The "Series 2007 Bonds") to be dated as of the date of delivery thereof and approving the form of and execution of a Bond Purchase Agreement for the sale of the Series 2007 Bonds.

4. Adopt a Resolution authorizing and directing the issuance of Tax Increment Limited Obligation Bonds, Series 2007 (Market at Turtle Creek Project), of the City of Hattiesburg, Mississippi (The "City"), in the principal amount of not to exceed Four Million Two Hundred Thousand Dollars ($4,200,000) to raise money for the purpose of paying the cost of the infrastructure improvements (as hereinafter defined), funding a reserve and paying costs of issuance.

5. APPROVE or DENY to adopt the ordinance for the petition filed by Robert H. Mordica, on behalf of Tatum Timber, LP, owner, on petition filed to change the zoning classification of certain property located on two vacant lots (parcel #s 29-448-3-2 & 4) located on West Pine Street, from B-1 (Professional Business) District to B-3 (Community Business) District; Hattiesburg Planning Commission recommended to Deny on May 2, 2007.

6. APPROVE or DENY the petition filed by Greg s Auto Sales, represented by Greg s Auto Sales and Clearpoint Engineers, on behalf of CGM Investments, owner, to allow a Use Permit Upon Review for automobile sales in a B-3 (Community Business) District, for certain property located at 2772 Oak Grove Road (newly annexed); Hattiesburg Planning Commission recommended to APPROVE on July 5, 2007.

7. APPROVE or DENY to adopt the ordinance for the petition filed by Woodbridge Investments, Inc., owners, represented by Marcus J. Byrd, Gene Klotz and Robert E. Peterson II, to change the zoning classification of certain properties located on 39th Avenue (portion of parcel #s12-748-3-1, 2A, 2, 3, & 4), from R-3 (Multi-Family Residential) District, to R-2 (Two-Family Residential) District. The proposed use is single-family residence; Hattiesburg Planning Commission recommended to APPROVE on July 5, 2007.

8. APPROVE or DENY the plat to subdivide lots filed by Woodbridge, Inc., owner, represented by Marcus J. Byrd, Gene Klotz and Robert E. Peterson II, for certain lots located on 39th Avenue (parcel # 12-748-3-1, 2A, 2, 3 & 4); Hattiesburg Planning Commission recommended to APPROVE on July 5, 2007.

9. APPROVE or DENY the plat to subdivide lots filed by Alice E. Shirley, owner, represented by Marcus J. Byrd, Gene Klotz and Robert E. Peterson II, for certain lot located at 1300 N. 31st Avenue (parcel # 10-1009-56); Hattiesburg Planning Commission recommended to APPROVE on July 5, 2007.

10. APPROVE or DENY the petition filed by Turtle Creek
Development, LLC, owners, represented by Clearpoint Consulting Engineers (Ronnie Blackwell), for certain property located at 5176 West 4th Street [parcel #57-1067-8 (currently zoned B-5, Regional Business District)], to vary from Section 56.04 (10), which states that in no case shall the height of a structure exceed thirty-five (35) feet in a R-3 (Multi-Family Residential) District, and instead allow forty-seven (47) feet, for a variance of twelve (12) feet; Hattiesburg Board of Adjustments recommended to APPROVE on June 13, 2007.

11. APPROVE or DENY to adopt the ordinance for the petition filed by Lakes at Turtle Creek, LLC (Eugene Carothers), on behalf of Bennett V. York and Robert L. Rogers, Jr., owners, represented by Ronnie Blackwell, to change the zoning classification of certain property located at 5176 West 4th Street (parcel #57-1067-8), from B-5 (Regional Business) District, to R-3 (Multi-Family Residential) District. Hattiesburg Planning Commission recommended to APPROVE on July 5, 2007.

12. APPROVE or DENY to adopt the ordinance for the petition filed by Jackson Equity Investments, Inc. (David & Stella Pogue), owners, represented by Justin Pogue, to change the zoning classification of certain property located at 525 Buschman Street (parcel # 35-292-38-7), from R-1A (Single-Family Residential) District, to R-2 (Two-Family Residential) District. Hattiesburg Planning Commission recommended to DENY on July 5, 2007.

13. APPROVE or DENY to adopt the ordinance for the petition filed by Jackson Equity Investments, Inc. (David & Stella Pogue), owners, represented by Justin Pogue, to change the zoning classification of certain properties located at 806 & 808 Arledge Street (parcel #s 39-608-1-3 & 4), from B-1 (Professional Business) District, to R-3 (Multi-Family Residential) District. Hattiesburg Planning Commission recommended to APPROVE on July 5, 2007.

14. APPROVE or DENY the plat to combine subdivided lots filed by Jackson Equity Investments, Inc. (David & Stella Pogue), owners, represented by Justin Pogue, for certain properties located at 806 & 808 Arledge Street (parcel #s 39-608-1-3 & 4); Hattiesburg Planning Commission recommended to APPROVE on July 5, 2007.

15. APPROVE or DENY to adopt the ordinance for the petition filed by Burkett s Creek, owner, represented by Timothy R. Burge, P.E., to change the zoning classification of certain properties located on W.S.F. Tatum Boulevard and Highway 49 (portion of parcel # 60-1074-12), from B-5 (Regional Business) District, to R-2 (Two-Family Residential) District. Hattiesburg Planning Commission recommended to APPROVE on July 5, 2007.

16. Adopt Resolution setting hearing before City Council on Monday, August 20, 2007 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)

17. Adopt Resolution Authorizing Requisition Number 9 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.

18. Adopt Resolution removing Joan Abercrombie as Petty Cash Fund Custodian for the Water Office and appointing Sherry Mitchell effective July 17, 2007.

19. Adopt Resolution Authorizing preparation and submittal of an application for Katrina Supplemental CDBG Program Funds from the Mississippi Development Authority.

20. Approve and Authorize Mayor to execute duplicate letters of agreement for legal services between the City of Hattiesburg and Jerry A. Evans, P.A.

21. Approve amendment to Lease Agreement between City of Hattiesburg and Hattiesburg Hangar Association at MB 2007-3/365-369.

22. Adopt a Resolution changing the time of the September 4, 2007 Council Meeting to 4:00 p.m., due to the Labor Day Holiday.

VI. ROUTINE AGENDA

1. Acknowledge receipt of letter filed by Jackson Equity
Investments, Inc, (Justin Pogue) owner, requesting to appeal the Planning Commission s recommendation to DENY the petition filed by Jackson Equity Investments, Inc. (David & Stella Pogue), owners, represented by Justin Pogue, to change the zoning classification of certain property located at 325 West 4th Street (parcel # 27-144-1-3), from R-1A (Single-Family Residential) District, to R-3 (Multi-Family Residential) District; (Hattiesburg Planning Commission recommended to DENY on July 5, 2007), set a public hearing before Council on August 6, 2007, and authorize publication of Public Notice setting an appeal hearing.

2. Acknowledge receipt of letters filed by Hilda Perrot, Charles Holt, and Robert Walters, opponents, requesting to appeal the Planning Commission s recommendation to APPROVE the petition filed by Kenney Properties, Inc., on behalf of Johnny McArthur, owner, represented by Larry Gunn, to change the zoning classification of certain property located at 1000 Beverly Hills Road (parcel # 10-1009-5, 7A & 7), from R-1B (Single-Family Residential) District, to R-4 (High Density Residential) District; (Hattiesburg Planning Commission recommended to APPROVE on July 5, 2007), set a public hearing before Council on August 6, 2007, and authorize publication of Public Notice setting an appeal hearing.

3. Acknowledge receipt of Notice of Adoption of the Motor
Vehicle Assessment Schedule received July 11, 2007 from the Mississippi State Tax Commission and Adopt same for the City of Hattiesburg for the fiscal year beginning October 1, 2007 and ending September 30, 2008; and authorize publication of Public Notice and order setting a hearing for August 20, 2007 before the council to hear complaints or objections to the adoption of the Motor Vehicle Assessment Schedule.

4. Authorize Public Hearing to be held on August 20, 2007 at 6:00 p.m. in the City Council Room at City Hall on the budget for Fiscal Year ending September 30, 2008; and authorize publication of Notice of Public Hearing on Tax Levy and Proposed FY 2008 Budget.

5. Acknowledge receipt of the audit of the Lake Terrace
Convention Center for the FYE September 30, 2006.

6. Acknowledge receipt of sales in the amount of $ 585.00 from the Durham Auction held on June 1, 2007.

7. Acknowledge receipt of Declaration of Forfeitures from the Forrest/Perry Metro Narcotics Task Force, forfeiting one (1) 2000 Lincoln LLS, VIN#1LNHM86S2YY788951, to the Hattiesburg Police Department, and authorize the vehicle to be placed in the inventory of the Hattiesburg Police Department.

8. Acknowledge receipt of Statements of Qualifications (on file at the City Clerk s office) for engineering services for the Chain Park, Comprehensive Trail Improvement Project, and after review and recommendation of the selection committee authorize the Mayor to execute contract with Neel-Schaffer for engineering services for said project upon approval from the Mississippi Department of Transportation.

9. Acknowledge receipt of Statements of Qualifications (on file at the City Clerk s office) for engineering services for the Hardy Street Widening Project, and after review and recommendation of the selection committee authorize the Mayor to execute contract with Shows Dearman & Waits for engineering services for said project upon approval from the Mississippi Department of Transportation.

10. Acknowledge receipt of Statements of Qualifications (on file at the City Clerk s office) for engineering services for the Longleaf Trace, Rails to Trails Project, and after review and recommendation of the selection committee authorize the Mayor to execute contract with Shows Dearman & Waits for engineering services for said project upon approval from the Mississippi Department of Transportation.

11. Acknowledge receipt of Statements of Qualifications (on file at the City Clerk s office) for engineering services for West Fourth Street Improvements, and after review and recommendation of the selection committee authorize the Mayor to execute contract with Neel-Schaffer for engineering services for said project upon approval from the Mississippi Department of Transportation.

12. Acknowledge receipt of a Drainage Release, executed by Bennett V. York, releasing the City from any damages which may occur due to the construction on property located at 155 Crosscreek Parkway, and authorize recording of same.

13. Acknowledge receipt of a Drainage Release, executed by Old Growth Development, LLC, releasing the City from any damages which may occur due to the construction on property located at #2 Gunnison Drive, Lt 14 and authorize recording of same.

14. Acknowledge receipt of a Drainage Release, executed by Robert N. Graham, releasing the City from any damages which may occur due to the construction on property located at 122 Carlisle Drive, and authorize recording of same.

15. Acknowledge receipt of the bids received June 7, 2007, for One (1) New Compact/Mini Hydraulic Excavator for the Water Transmission Division, Public Services and accept the bid of Deviney Equipment in the amount of $19,659.00 as the lowest and best bid received that meets the city s advertised specifications.

16. Acknowledge receipt of the bids received June 7, 2007, for One (1) New Compact/Mini Hydraulic Excavator for the Health Division, Public Services and accept the bid of Deviney Equipment in the amount of $30,844.00 as the only bid received that meets the city s advertised specifications.

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

18. Approve the City's purchase of four (4) grave spaces located in the East Half (E1/2) Lot 35, Section 28, Highland Cemetery, recorded at MB 2002-7/83-95 in the amount of $700.00 from William H. and Francis Creel, and authorize a manual check for the same.

19. Approve the City's purchase of seven (7) grave spaces located in the Southwest Quarter (SW 1/4) and Southeast Quarter (SE 1/4) of Lot 9 and North Half (N1/2)of the Northwest Quarter (NW1/4) and Northeast Quarter (NE1/4) of Lot 20, Section 24, Highland Cemetery, recorded at MB 1989-1/404-406 in the amount of $1,225.00 from E.P. Beasley, and authorize a manual check for the same.

20. Approve sale of grave spaces per attached memo.

21. Acknowledge Proofs of Publication for the month of June, 2007.

22. Approve Claims Docket for the period ending July 13, 2007.

VII. PUBLIC AGENDA

1. Citizen Forum