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12/05/06 AMENDMENTS




AMENDMENTS TO THE DECEMBER 5, 2006


CITY COUNCIL MEETING



Add Policy Agenda Item VI-9 at the request of the Administration as follows:


VI-9 Approve and authorize letter of engagement with Jerry A. Evans, P.A., to represent the City of Hattiesburg, Mississippi, in pending proposed annexation litigation.


And, remove Routine Agenda Item VII-15 at the request of the Administration.


12/05/06 AGENDA

AGENDA


HATTIESBURG CITY COUNCIL


6:00 P.M. DECEMBER 5, 2006


I. Call to Order


II. Call to Prayer and Pledge of Allegiance


III. Agenda Order


IV. Approval of Minutes of November 6, 7, 14 and 21, 2006


V. PRESENTATION AGENDA


VI. POLICY AGENDA


1. Take from the Table and APPROVE or DENY the matter of the petition filed by Lake Forgetful, LLC, owners, represented by Randy Price, to vary from Article 5, Section 95.10(3A) which states that an off-premise sign (billboard) shall be spaced a distance of 1,000 square feet from any other off-premise sign on the same side of the street or highway, and instead allow a distance of 975 feet on the east for a variance of 25 feet and 841 feet on the west side for a variance of 159 feet for property located at 6156 Highway 98 West; the Board of Adjustments recommended to APPROVE on November 8, 2006.


2. Take from the Table and APPROVE or DENY the matter of the petition filed by Jefcoat Fence Co., Inc., of Hattiesburg, on behalf of Jere D. & Neva C. Jefcoat, owners, represented by Tom H. Eaves, Landscape Architect, for certain property located at 5328 Highway 42 (parcels #26-580-2-1 & 3):

C-1: To vary from Article 5, Section 87.02 (2) which states that the storage area shall be screened from view of the neighbors and the public by a solid fencing and instead allow screening on existing 8-foot chain length fence, and

C-2: To vary from Section 87.02 (5) which states that a maximum open storage space of ten (10) percent of the lot area is allowed for business and industrial equipment and materials, and instead allow fifty-seven (57) percent, for a variance of forty-seven (47) percent; the Board of Adjustments voted to recommend APPROVAL on November 8, 2006.

3. 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 properties per attached list.

4. Authorize Mayor to execute in triplicate an Engineering Agreement with Shows, Dearman & Waits, Inc., to provide a boundary and topographic survey for approximately 20 acres located at the Hattiesburg Bobby L. Chain Airport.

5. Authorize Mayor to execute maintenance agreement with Owens Business Machines, Inc., for Unit #15506 Canon Imagerunner 4570 in the amount of $1080.00 for a period of one year beginning November 1, 2006 and ending October 31, 2007.

6. Ratify and confirm the Mayor's appointment of John E. Tanks (W1) for a term (5/13/05 to 5/12/10) beginning 12/05/06 and ending 5/12/2010 to the Planning Commission Board.

7. Ratify and confirm the Mayor's re-appointment of the following to the Electrical Board for three-year terms as listed:

W.C. Goldman 12/13/2005 to 12/12/2008

Jay O'Quin 12/13/2005 to 12/12/2008

Henry Blakney 12/13/2005 to 12/12/2008

Turner Jones 12/13/2005 to 12/12/2008

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

VII. ROUTINE AGENDA

1. Acknowledge receipt of the monthly budget report for hte month ending November 30, 2006, on permanent file in the City Clerk's Office.

2. Acknowledge receipt of two-bid purchase docket report for period of November 1, 2006, through November 28, 2006, as provided for in Section 31-7-13 (B) of the Mississippi Code of 1972.

3. Acknowledge receipt of order from the Mississippi State Tax Commission approving Ordinance #2927, extending the hours for the sale of alcoholic beverages for on-premises consumption on Sundays, from 2:00 noon until 12:00 midnight.

4. Acknowledge the receipt of appointments by City Judge Ed Pittman of Cashmara White and Sharon Chapman and appointments by City Judge Vanessa L. Jones of Stara Holmes and Chiquita Walters as Deputy Municipal Court Clerks.

5. Acknowledge receipt of checks totaling $2,500 from the Sam's Club/Wal Mart Foundation to the Hattiesburg Police Department, and authorize as a donation to be placed in the Hattiesburg Police Department Forfeiture Fund.

6. Acknowledge receipt of a Drainage Release, executed by Breckenridge Park Apartments, releasing the City from any damages which may occur due to the construction on property located at 400 Classic Drive, and authorize recording of same.

7. Acknowledge the bids received on September 14, 2006 for Sixteen (16) In-car Digital Video Systems and accept the bid from Watch Guard at a cost of $4,893.00 each, for a total cost of $78,288.00, as the only bid received that meets the City's advertised specifications.

8. Authorize and approve publication of Advertisement for Bids for the Construction of New Central Fire Station #1 at 810 N. Main Street, Hattiesburg, Missisippi.

9. Approve Specifications and Authorize Publication of Advertisement for Term Bid Item #33-B-Uniform Rental Service for Hub City Transit Bus Drivers for the period beginning January 17, 2007 and ending March 31, 2012.

10. Approve Specifications and Authorize Publication of Advertisement for the Unetta Street Gym Roof.

11. Approve Specifications and Authorize Publication of Advertisement for One (1) New Compact/Mini Hydraulic Excavator for use by the Water Transmission Division, Public Services Department.

12. Approve Specifications and Authorize Publication of Advertisement for One (1) Truck Mounted One Thousand(000) Gallon Water Tank, Two Thousand(000) PSI at Eighty (80) GPM for the Water Division, Public Services Department.

13. Approve Specifications and Authorize Publication of Advertisement for Two (2) New/Unused Twenty (20) Cubic Yard Rear Loading Refuse Collection Units (Complete with Carriers) for the Sanitation Division, Public Works Department.

14. Approve Specifications and Authorize Publication of Advertisement for Two (2) New and Unused Tandem Axle Trucks with Mounted Knuckle Boom Loaders for the Street Division, Public Services Department.

15. Approve Specifications and Authorize Publication of Advertisement for One (1) New 2007 Diesel Tractor Enclosed Cab with A/C, Heat for the Airport Maintenance Division, Public Services Department.

16. Approve Specifications and Authorize Publication of Advertisement for One (1) New and Unused Skid Steer Loader for the Forestry Division, Parks and Recreation Department.

17. Approve Specifications and Authorize Publication of Advertisement for One (1) New and Unused Tandem Axle Truck with Mounted Knuckle Boom Loader for the Forestry Division, Parks and Recreation Department.

18. Approve Specifications and Authorize Publication of Advertisement for One (1) New Compact/Mini Hydraulic Excavator for use by the Health Division, Public Services Department.

19. Approve Specifications and Authorize Publication of Advertisement for Various Vehicles for Various Departments for the City of Hattiesburg.

20. Approve Specifications and Authorize Publication of Advertisement for Various Vehicles for the Public Services Department.

21. Approve acceptance of payment in the amount of $129.11 for the purchase of parcel #29-328-14-6 for 2002 realty taxes that matured to the City of Hattiesburg and approve issuance of a Quitclaim Deed to William W. Stafford, as per recommendation.

22. Approve Claims Docket for the period ending November 30, 2006.

VIII. PUBLIC AGENDA

A. Citizen Forum

11/21/06 AMENDMENTS

AMENDMENTS TO THE NOVEMBER 21, 2006


CITY COUNCIL MEETING


Add Policy Agenda Items V-26, V-27, V-28, V-29, V-30 and V-32 at the request of the Administration as follows:


V-26 APPROVE or DENY the matter of the petition filed by Lake Forgetful, LLC, owners, represented by Randy Price, to vary from Article 5, Section 95.10 (3A) which states that an off-premise sign (billboard) shall be spaced a distance of 1,000 square feet from any other off-premise sign on the same side of the street or highway, and instead allow a distance of 975 feet on the east for a variance of 25 feet and 841 feet on the west for a variance of 159 feet for property located at 6156 Highway 98 West; the Board of Adjustments recommended to APPROVE on November 8, 2006.


V-27 APPROVE or DENY the matter of the petition filed by Dr. Paul Calhoun, on behalf of John Mayfield, Cliff Lowry and Paul Calhoun, owners, represented by William F. Waits, P.E., to vary from Article 1, Section 12.02 which states that the Board of Adjustments shall determine after hearing to grant extension to nonconforming buildings not to exceed twenty-five (25) percent of the ground area of the same in case of evident hardship, and instead allow an extension of seventy-five (75) percent, for certain property located at 3422 Hardy Street (parcel #13-1012-12C & 13); the Board of Adjustments voted to recommend APPROVAL on November 8, 2006.


V-28 APPROVE or DENY the matter of the petition filed by Jefcoat Fence Co., Inc., of Hattiesburg, on behalf of Jere D. & Neva C. Jefcoat, owners, represented by Tom H. Eaves, Landscape Architect, for certain property located at 5328 Highway 42 (parcels #26-580-2-1 & 3):


C-1: To vary from Article 5, Section 87.02 (2) which states that the storage area shall be screened from view of the neighbors and the public by a solid fencing and instead allow screening on existing 8-foot chain length fence, and


C-2: To vary from Section 87.02 (5) which states that a maximum open storage space of ten (10) percenet of the lot area is allowed for business and industrial equipment and materials, and instead allow fifty-seven (57) percent, for a variance of forty-seven (47) percent; the Board of Adjustments voted to recommend APPROVAL on November 8, 2006.


V-29 APPROVE or DENY the matter of the petition filed by Kenneth Gerald and Joan Hampton, owners, represented by Joan Hampton, for certain property located at 2200 Adeline Street (parcel #23-1031-6), to vary from Section 52.04 (2A) which states that the minimum sideyard setback be 10 feet on each side, and instead allow .15 feet on the east side for a variance of 9.85 feet and 8.3 feet on the west side for a variance of 1.7 feet; the Board of Adjustments voted to recommend APPROVAL on November 8, 2006.


V-30 Adopt a Resolution appointing David Webster as Fire Chief, Hattiesburg Fire Department, effective December 11, 2006.


V-31 Approve and Authorize letter of engagement with Pyle, Mills & Dye, P.A., to represent the City of Hattiesburg, Mississippi, in pending redistricting litigation.


V-32 Adopt a Resolution petitioning the Mississippi State Tax Commission for extension of hours within which alcoholic beverages may be sold by on-premises permittees within the City of Hattiesburg on New Year's Eve, when said day falls on Sunday.


November 21, 2006 AGENDA

AGENDA
HATTIESBURG CITY COUNCIL
6:00 P.M. NOVEMBER 21, 2006
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 to Adopt an Ordinance of the City of Hattiesburg, Mississippi, amending Chapter 3 of the Code of Ordinances of the City of Hattiesburg to add smoking ban ordinance; providing a review clause; providing a severability clause; providing for the imposition of civil penalties and providing an effective date.

2. APPROVE or DENY to adopt the ordinance for the petition filed by Robert C. Cooper, owner, represented by Walt McArthur, to change the zoning classification of certain property located at 2611 and 2617 W. 7th Street (parcel #20-176-1-8), from B-3 (Community Business) District, to R-4, (High Density Residential) District; Hattiesburg Planning Commission recommended to APPROVE on September 6, 2006.

3. APPROVE or DENY to adopt the ordinance for the petition filed by Kenneth W. Apple Jr., on behalf of Steele & Associates, Inc., owners, to change the zoning classification of certain properties located at 307 Jackson Road (parcel #188-10141-1 & 1A) from A-1 (General Agricultural) District to R-1A (Single Family Residential-10,000 sq.ft.) District. Hattiesburg Planning Commission recommended to APPROVE on 11/01/06.

4. APPROVE or DENY to adopt the ordinance for the petition filed by Kenneth W. Apple Jr., on behalf of Steele & Associates, Inc., owners, to allow a Planned Residential Development (PRD) for certain properties located at 307 Jackson Road (parcel #188-10141-1 & 1A); Hattiesburg Planning Commission recommended to APPROVE on 11/01/06.

5. APPROVE or DENY to adopt the ordinance for the petition filed by Hattiesburg Area Habitat for Humanity on behalf of Gus H. Yeager, Jr., owner, represented by Ken Wooden, CEO of Hattiesburg Area of Habitat for Humanity to change the zoning classification of certain property located at 1741 Edwards Street (parcel #165D-539-3-86 & 86.01) from B-2 (Neighborhood Business) District to R-1C (Single-Family Residential-5000 sq.ft.) District; Hattiesburg Planning Commission recommended to APPROVE on 11/01/06.

6. APPROVE or DENY the subdivision plat filed by Hattiesburg Area Habitat for Humanity on behalf of Gus H. Yeager, Jr., owner, represented by Ken Wooden, CEO of Hattiesburg Area of Habitat for Humanity for certain property located at 1741 Edwards Street; Hattiesburg Planning Commission recommended to APPROVE on 11/01/06.

7. APPROVE or DENY the subdivision plat filed by Joseph F. Tatum, Land Management, LTD, represented by Chris Johnson for certain undeveloped property located at Highway 11 & Parkway Blvd.; Hattiesburg Planning Commission recommended to APPROVE on 11/01/06.

8. APPROVE or DENY to adopt the ordinance for the petition filed by Bennett V. York, Rock-a-Bye Lane, LLC, Turtle Creek Crossing, LLC, represented by Attorney Ronald Farris, to close and vacate Majestic Circle and a portion of Rock-A-Bye Lane; Hattiesburg Planning Commission recommended to APPROVE on 11/01/06 with the stipulation that Rock-a-Bye Lane not be vacated before December 1, 2006.

9. APPROVE or DENY the subdivision plat filed to vacate the Lakewood North Subdivision filed by Bennett V. York, Sandra Odom, Rock-a-Bye Lane, LLC, owner, represented by Attorney Ron Farris; Hattiesburg Planning Commission recommended to APPROVE, with stipulation, on 11/01/06.

10. Adopt the November 21, 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.

11. Authorize the Mayor to execute an agreement between the City of Hattiesburg and Hattiesburg Dixie Youth Baseball, Inc. for the purpose of evidencing their agreement of understanding concerning the development and promotion of Dixie Youth Baseball programs for Hattiesburg area residents at the proposed Tatum Park Baseball Complex.

12. Approve and authorize Mayor to execute agreement between Molly Maid of Hattiesburg and the City of Hattiesburg for yearly janitorial services for the Recreation Maintenance Office in the amount of $225.00 per month.

13. Authorize Mayor to execute duplicate annual Maintenance Agreements with Ross Financial Products to render service on a MFG, Shear Tech LE-5900 check endorser, Serial #589, located at the Water Department.

14. Authorize the Mayor to execute a Mississippi Eligibility Update Questionnaire and adopt a Resolution provided by the Mississippi Office of Surplus Property authorizing certain officials to acquire property from the Surplus Property Program.

15. Acknowledge receipt of bids received on October 26, 2006, and accept the bid of Greenbriar Digging Services in the amount of $115,730.00 forAcademy Drive Lift Station as being the lowest and best bid received, and authorize Mayor to execute contract for same.

16. Declare and approve the purchase of Four (4) Motorola VRM 850 Data Modem Radios for the Hattiesburg Police Department, in the amount of $12,346.00, as a sole source purchase as provided for in Section 31-7-13 (XVI), of the Mississippi Code of 1972, based on information as per attached letter and memorandum.

17. Ratify and confirm the Mayor's re-appointment of the following to the Hattiesburg Historic Conservation Commission for terms as listed:


David Sheley (W4) 6/25/06 to 6/24/08
Deborah Hardy (W4) 10/06/06 to 6/24/08
Mary Halliwell (W4) 6/25/05 to 6/24/10
Dr. Newton C. Fawcett (W2) 10/06/06 to 6/24/11

18. Ratify and confirm the Mayor's appointment of Michael Anderson W4 (replace Lucy Parkman) for a term(6/25/06 to 6/24/2011), beginning 11/21/06 and ending 6/24/2011 and appointment of Raylawni Branch (replace J.A. Yore) for a term (8/04/02 to 6/24/07), beginning 11/21/06 and ending 6/24/07 to the Hattiesburg Historic Conservation Commission.

19. Ratify and confirm the Mayor's re-appointment of the following to the Planning Commission for a five-year term as listed:


Richard L. Conville (W3) 5/13/06 to 5/12/2011
Isaiah Easterling (W5) 5/13/06 to 5/12/2011

20. Ratify and confirm the Mayor's re-appointment of Willie Conner (W2) to the Plumbing and Gas Board for a three-year term beginning 12/13/05 and ending 12/12/08.

21. Ratify and confirm the Mayor's re-appointment of John Buckley (W3) to the Pine Belt Regional Solid Waste Authority for a four-year term beginning 7/01/06 and ending 6/30/2010.

22. Amend order at MB2004-3/563 and MB 2004-4/93-94 correcting the ending date of the appointments of Elijah Jones and Vivian Dyess, to the Historic Conservation Commission to end on 6/24/06, in accordance with the original established terms

23. Acknowledge receipt of consultant proposals received on September 14, 2006, for preparation and submission of an application to Mississippi Development Authority for CDBG Disaster Recovery Funds and accept the proposal of Urban Planning Consultants as per the recommendation of the entitlement Procurement Committee.

24. Acknowledge receipt of the 2007 One-Year Action Plan for Housing and Community Development Programs for the City of Hattiesburg, Mississippi Community Development Block Grant Program (CDBG) and Home Investment Partnerships Program (HOME), and acknowledge its submission to the U.S. Department of Housing and Urban Development November 15, 2006. The 2006 Action Plan is on permanent file in the City Clerk s Office. {Entitlement 07}

25. Authorize and approve issuance of manual checks for HOME Program claims per attached memorandum. (Entitlement)


VI. ROUTINE AGENDA
1. Acknowledge execution of agreement with Bridge & Watson Inc., to perform professional and technical services for: Redistricting, demographic, and planning services related to pending voting rights litigation and redistricting.

2. Authorize and approve publication of Advertisement for Bids for Old Aiport Road Sidewalk Construction - Phase I, Hattiesburg, Mississippi.

3. Authorize and approve publication of Advertisement for Bids for Old Aiport Road Sidewalk Construction - Phase II, Hattiesburg, Mississippi.

4. Acknowledge receipt of donation from Sam's Club to the City of Hattiesburg to purchase fire prevention and public education materials in the amount of $1,500.00.

5. Acknowledge acceptance of grant award and execution of documents to the Mississippi Department of Health in the amount of $76,880 ($76,800 state/ $0 local match) to assist in the city's mosquito control program.

6. Acknowledge award and acceptance of MS Forestry Commission Transportation Enhancement grant for $20,000 ($15,000 state/ $5,000 local match).

7. Acknowledge receipt of letter filed by Cliff Gaddis, on behalf of the Pinehills Neighborhood Association, requesting to appeal the Planning Commission's recommendation to APPROVE the petition filed Larry Johnson, on behalf of Wesley Breland and Larry Johnson, owners, represented by Bert Kurykendall, P.E. Clearpoint Engineers, to change the zoning classification and to allow a Planned Residential Development (PRD) of certain properties located at 1201 S. 28th Ave. (parcel #17-332-2-1), 111 Pinehills Dr. (#17-332-2-4), and 113 Pinehills Dr. (#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/ 2006), set a public hearing before Council on December 18, 2006, and authorize publication of Public Notice setting an appeal hearing.

8. Acknowledge receipt of letter filed by Lucia Purdue, requesting to appeal the Planning Commission's recommendation to APPROVE 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), set a public hearing before Council on December 18, 2006, and authorize publication of Public Notice setting an appeal hearing.

9. Acknowledge the bids received on October 12, 2006 for Conference Chairs for Grand Hall for Hattiesburg Intermodal Facility and accept the bid from Furniture Liquidation, which was negotiated from $33,750.00 to $28,000.00, as the lowest and best bid received that meets the City s advertised specifications.

10. Acknowledge receipt of the bid received October 5, 2006, for One (1) New Imaging System for the Hattiesburg Police Department, and accept the bid of S4i Systems at a total cost of $22,080.00, as the lowest and best bid received.

11. Acknowledge the bid received on November 9, 2006 for Two (2) ADA Twenty-Eight (28) Passenger Buses and accept the bid from Gillig Corporation at a cost of $274,821.00 each, for a total cost of $549,642.00, as the only bid received.

12. Acknowledge receipt of bid on November 9, 2006, for term bid Item Number7-Furnish Gasoline and Diesel Fuel for the City of Hattiesburg for the period ending March 31, 2007, and accept the term bid as per recommendation, as the only bid received.

13. Acknowledge receipt of bids received on November 9, 2006, for term bid Item Number 38-Crushed Concrete for the period ending March 31, 2008, and accept the term bid as per recommendation, as the lowest and best bid received.

14. Approve specifications and authorize publication of advertisement for bids for Seven (7) New Ruggedized Laptop Computers for the Hattiesburg Police Department.

15. Approve Specifications and Authorize Publication of Advertisement for 380 Various Trees for the Cemetery and Forestry Division

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

17. Acknowledge Proofs of Publication for the month of October, 2006

18. Approve claims docket for the period ending November 17, 2006.

PUBLIC AGENDA

VII. Citizen Forum


11/14/06 PUBLIC HEARING, SMOKING BAN ORDINANCE

PUBLIC NOTICE OF PUBLIC HEARING TO BE HELD AT 6:00 P.M. ON TUESDAY, NOVEMBER 14, 2006, AT THE CULTURAL CENTER, 723 MAIN STREET, PURSUANT TO ORDER ADOPTED NOVEMBER 7, 2006, AT MINUTE BOOK 2006-5/512.


PUBLIC HEARING


HATTIESBURG CITY COUNCIL


6:00 P.M. TUESDAY, NOVEMBER 14, 2006


PURPOSE:


This public hearing is being held to receive citizen comment on a proposed Ordinance of the City of Hattiesburg, Mississippi, amending Chapter 3 of the Code of Ordinances of the City of Hattiesburg to add smoking ban ordinance; providing a review clause; providing a severability clause; providing for the imposition of civil penalties and providing an effective date.


PROCEDURE - Council President


1. Presentation of proposed smoking ban Ordinance.


2. Citizen Questions.


3. Citizen Comments.




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