12/19/06 AGENDA

AGENDA

HATTIESBURG CITY COUNCIL

6:00 P.M. DECEMBER 19, 2006

I. Call to Order

II. Call to Prayer and Pledge of Allegiance

III. Agenda Order

IV. PRESENTATION AGENDA

V. POLICY AGENDA

1. Adopt Resolution 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 list.)

2. APPROVE or DENY to adopt the ordinance for the petition filed by Clark Technologies, LLC, owners, represented by J. Ward Conville, Conville & Conville, PLLC, to change the zoning classification of certain properties located at 714 West Pine Street (parcel #38-444-63-5) and 104 4th Avenue (parcel #38-444-63-4) from B-1 (Professional Business ) District, to R-4 (High Density Residential) District; Hattiesburg Planning Commission recommended to APPROVE on 11/01/06.

3. APPROVE or DENY to adopt the ordinance for petition filed by Larry Johnson, on behalf of Wesley Breland and Larry Johnson, owners, represented by Bert Kuyrkendall, P.E.-Clearpoint Engineers, to change the zoning classification of certain properties located at 1201 S. 28th Ave. (parcel #17-332-2-1), 111 Pinehills Dr. (parcel #17-332-2-4). and 113 Pinehills Dr. (parcel #17-332-2-4D); and parcels #17-332-2-4A, 4B and 4C, from A-2 (Agricultural Residential) District to R-1A (Single-Family Residential) District; Hattiesburg Planning Commission recommended to APPROVE on 11/01/06.

4. APPROVE or DENY to adopt the ordinance for the petition filed by Larry Johnson, on behalf of Wesley Breland and Larry Johnson, owners, represented by Bert Kuyrkendall, P.E.-Clearpoint Engineers, to allow a Planned Residential Development (PRD) in an R-1A (Single-Family Residential - 10,000 square feet) District, on certain properties located at 1201 S. 28th Ave. (parcel #17-332-2-1), 111 Pinehills Dr. (parcel #17-332-2-4), and 113 Pinehills Dr. (parcel #17-332-2-4D); and parcels #17-332-2-4A, 4B and 4C; Hattiesburg Planning Commission recommended to APPROVE on 11/01/06.

5. APPROVE or DENY the subdivision plat filed by Larry Johnson, on behalf of Wesley Breland and Larry Johnson, owners, represented by Bert Kuyrkendall, P.E.-Clearpoint Engineers, on certain properties located at 1201 S. 28th Ave. (parcel #17-332-2-1), 111 Pinehills Dr. (parcel #17-332-2-4), and 113 Pinehills Dr. (parcel #17-332-2-4D); and parcels #17-332-2-4A, 4B and 4C; Hattiesburg Planning Commission recommended to APPROVE on 11/01/06.

6. APPROVE or DENY to adopt the ordinance for the petition filed by Westminster Presbyterian Church of Hattiesburg MS, Inc., represented by M.M. Forsyth, Attorney, to close and vacate an unnamed alley that runs between Pearl Street and an unnamed alley which runs parallel to Hardy St.; Hattiesburg Planning Commission recommended to APPROVE on 12/06/06.

7. APPROVE or DENY to adopt the petition filed by Westminster Presbyterian Church of Hattiesburg MS, Inc., owner, represented by M.M. Forsyth, Attorney, to allow a Use Permit Upon Review for a parking lot in the R-1A (Single-Family Residential-10,000 square feet) District, on certain properties located at 108 and 110 North 24th Ave. (parcel #21-316-8-11 and 21-316-8-12);Hattiesburg Planning Commission recommended to APPROVE on 12/06/06.

8. APPROVE or DENY to adopt the ordinance for the petition filed by Melvin Cooper, Sr., owner, to change the zoning classification of certain property located at 111 Mable St. (parcel #35-820-1-4 and 5) from R-1C (Single-Family Residential) District to R-3 (Multi-Family Residential) District; Hattiesburg Planning Commission recommended to APPROVE on 12/06/06.

9. APPROVE or DENY to adopt the ordinance for the petition filed by G.J.M. Partnership, LLC, owners, represented by R. Allen Flynt, Engineer, to close and vacate an unnamed alley that runs north/south from Pearl Street to Quinn Street parallel with and between North 25th and North 26th Avenues; Hattiesburg Planning Commission recommended to APPROVE on 12/06/06.

10. APPROVE or DENY the plat to combine subdivided lots filed by G.J.M. Partnership, LLC, owners, represented by R. Allen Flynt, Engineer, for certain property located at 6168 and 6174 U.S. Hwy. 49 (parcels 2-028J-08-189, -190, -191, -197, -198, -199, -200, and -201); Hattiesburg Planning Commission recommended to APPROVE on 12/06/06.

11. APPROVE or DENY the subdivision plat filed by Kenneth W. Apple Jr., on behalf of Steele & Associates, Inc., owners, for certain properties located at 307 Jackson Road (parcel #188-10141-1 and 1A); Hattiesburg Planning Commission recommended to APPROVE on 11/01/06.

12. APPROVE or DENY the subdivision plat filed by Clifford M. Lockhart for certain properties located at 1108, 1112, 1118 and 1122 Allen Street; Hattiesburg Planning Commission recommended to APPROVE on 12/06/06.

13. Adopt a Resolution setting hearing before the City Council on Tuesday, January 16, 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 list.)

14. Adopt the December 19, 2006, 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.

15. Adopt a Resolution authorizing Fourth Advance under that certain Loan Agreement, dated as of September 20, 2004, by and between the Mississippi Development Bank and the City of Hattiesburg.

16. Authorize Mayor to execute Maintenance Agreement with Copy Graphics for a Konica 7020 Digital Copier, Serial #26NE23332, located at the Tax Department's office at 200 Forrest Street.

17. Approve and Authorize Mayor to execute a Sponsor Contract between the City of Hattiesburg and The Area Development Partnership (The ADP) for a public sculpture project entitled Festival of Swans.

18. Authorize the Mayor to enter into a contract with Cellular South for cell phones for Deborah Delgado and Henry Naylor.

19. Authorize application to USSTC "Operation Ranger" as part of the Polaris "Ranger" Donation Program.

20. Authorize application for 2006 Domestic Preparedness Agreement between Emergency Management District, Hattiesburg and MS Department of Public Safety. (Nunc pro tunc)

21. Approve and Authorize the Mayor to execute Subordination of Lien of Deed of Trust from Sarah L. Chambers to Jerry A. Evans, Trustee, City of Hattiesburg, Beneficiary, recorded in the Deed of Trust Book 1210 at page 071 of the Land Deed Records of the Office of the Chancery Clerk of Forrest County, Mississippi, as per attached Subordination of Lien of Deed of Trust. {Entitlement}

VI. ROUTINE AGENDA

1. Acknowledge receipt of letter filed by Utpal Patel, owner, requesting to appeal the Planning Commission's recommendation to DENY his petition filed to change the zoning classification of certain property located at 916 East Hardy (parcel #35-620-2-2) from B-2 (Neighborhood Business) District to B-3 (Community Business) District (Hattiesburg Planning Commission recommended to DENY on 12/06/06), set a public hearing before Council on January 16, 2007, and authorize publication of Public Notice setting an appeal hearing.

2. Acknowledge receipt of letter filed by Joe Wiley on behalf of the Unified Neighborhood Association, requesting to appeal the Planning Commission's recommendation to APPROVE the petition filed by the City of Hattiesburg to close and vacate a platted, undeveloped portion of Penton Road (Hattiesburg Planning Commission recommended to APPROVE on 12/06/06), set a public hearing before Council oin January 16, 2007, and authorize publication of Public Notice setting an appeal hearing.

3. Acknowledge receipt of letter filed by Joe Wiley on behalf of the Unified Neighborhood Association, requesting to appeal the Planning Commission's recommendation to APPROVE the petition filed by Burkett's Creek, III, LLC, owner, represented by Tim Burge, Engineer, to close and vacate a platted, undeveloped portion of Penton Road (Hattiesburg Planning Commision recommended to APPROVE on 12/06/06), set a public hearing before Council on January 16, 2007, and authorize publication of Public Notice setting an appeal hearing.

4. Acknowledge receipt of donation from Fred's Inc., to the Hattiesburg Fire Department to purchase fire prevention and public education materials in the amount of $179.00.

5. Acknowledge award by MS Department of Public Safety in the amount of $259,942.00 to fund disaster response-related expenses by the Hattiesburg Police Department.

6. Acknowledge the receipt of appointment by City Judge Ed Pittman of Sandrene Wharton as Deputy Municipal Court Clerk.

7. Acknowledge receipt of bid received on November 30, 2006, for term bid Item Number 37-Hydraulic Fluid for the Public Services Department for the period ending March 31, 2007, and accept the term bid as per recommendation, as the lowest and best bid received.

8. Approve Specification and Authorize Publication of Advertisement for One (1) New 2006 or Newer 3/4 Ton Long Wheelbase Pick Up Truck for the Street Division, Public Services Department.

9. Approve Specifications and Authorize Publication of Advertisement for term bid Item Number 35-Street Striping for the Public Services Department for the period beginning April 1, 2007, and ending March 31, 2010.

10. Approve Specifications and Authorize Publication of Advertisement for term bid Item Numbers 1 thru 29 and 31 for Public Services, Police Department, Fire Department and Hattiesburg Zoo for the period beginning April 1, 2007, and ending March 31, 2008.

11. Acknowledge receipt of Privilege License Report for the month of November 2006 from Tax Department, as per recommendation.

12. Approve the City's purchase of three (3) grave spaces located in North Half (N1/2) of the Southeast Quarter (SE1/4) Lot 38, Section 28, recorded at MB 2005-1/317, South Half (S1/2) of the Southeast Quarter (SE1/4), Lot 38, Section 28, recorded at MB 2004-5/516, and South Half (S1/2) of the Northeast Quarter, Lot 38, Section 28, recorded at MB 2005-5/502 Highland Cemetery, in the amount of $525.00 from Edward E. Jones, Sr., and authorize a manual check for the same.

13. Approve sale of Grave spaces per attached memo.

14. Acknowledge Proofs of Publication for the month of November, 2006.

15. Approve Claims Docket for the period ending December 15, 2006.

VII. PUBLIC AGENDA

A. Citizen Forum