03-22-11 Proposed Agenda

PROPOSED AGENDA

HATTIESBURG CITY COUNCIL

4:30 P.M. MARCH 22, 2011

I.     Call to Order

II.    Call to Prayer and Pledge of Allegiance

III.    Agenda Order

IV.   PRESENTATION AGENDA

V.    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 as recorded on the Resolutions to remove violations per the recommendations of the Code Enforcement Manager. (See Attached List)

2.   Adopt the March 22, 2011 Amendments to the budget for the City of Hattiesburg for the fiscal year ending September 30, 2011; and adopt Resolution authorizing publication of amendments for funds in excess of 10% of the original appropriation fund balance.

3.   Take from the Table and APPROVE or DENY to adopt an Ordinance changing and amending the Land Development Code, Ordinance Number 2330, as amended, of the City of Hattiesburg, Mississippi, so as to add a new section hereafter known as SECTION 69, Cottage Overlay District as a Use Permit Upon Review.

4.   Take from the table and APPROVE or DENY the petition filed by Lighthouse Rescue Mission (Kenneth Thronson), owner, represented by Sheldon & Parker, PLLC (Joseph Parker), to allow a Use Permit Upon Review for a “church” in a R-1A (Single-Family Residential) District, for certain property located at 204 Eupora Street (Parcel # 27-284-1-1 & 27-284-2-1, PPIN 15553 & 15554, Ward 2); Hattiesburg Planning Commission recommended to APPROVE on February 2, 2011, with the stipulation that no overnight stay shall be allowed. Overnight stay according to our regulations is not allowed in this zoning (R-1A, Single-Family Residential) in a non-single family residential setting.

5.   APPROVE or DENY the petition filed by Sacred Heart School (Brian McCrory), owner, represented by Mike Starr, to vary from Article 4, Section 52.04 (1) which states that the minimum front setback required is thirty (30) feet, and instead allow twenty-six (26) feet, for a variance of four (4) feet, for certain property located at 608 Southern Avenue (Parcel #s 38-444-13-5, PPIN 18636, Ward 4); Hattiesburg Planning Commission recommended to APPROVE on March 2, 2011.

6.   APPROVE or DENY the petition filed by Brooks and Amaden, Inc. (Nicholas J. Messina) Gander Mountain, on behalf of Westover Crossing, LLC (Dennis Pierce), owner, represented by Nicholas J. Messina, to allow a Use Permit Upon Review for a “firing range” in an I-1 (Light Industrial) District, for certain property located at 4501 Hardy Street (Parcel # 051K-12-010, PPIN 07779, Ward 3); Hattiesburg Planning Commission recommended to APPROVE on March 2, 2011.

7.   APPROVE or DENY the petition filed by Joseph M. Brown Campus Book Mart, owner, represented by Robert Michael Gammill,

1. To vary from Article 4, Section 60.04 (1) which states that the front setback shall be a minimum of thirty (30) feet, and instead allow eighteen (18) feet, for a variance of twelve (12) feet; and

2. To vary from Article 5, Section 95.10 (3I) which states that no free standing (off-premise) outdoor sign shall be located on a lot where an existing on premise free standing sign is located, and instead allow 2 free standing signs on one lot

for certain property located at 2906 Hardy Street (Parcel # 13-22-1-2, PPIN 13112, Ward 4); Hattiesburg Planning Commission recommended to APPROVE on March 2, 2011.

8.   APPROVE or DENY the petition filed by New Testament Baptist Church (Ron C. Regan), owner, to allow a Use Permit Upon Review for a “parking lot” in a R-1A (Single-Family Residential) District, for certain property located at 600 Tuscan Avenue (Parcel # 40-88-17-6, 7 & 8, PPIN 13639, 13638 & 13640, Ward 5); Hattiesburg Planning Commission recommended to APPROVE on March 2, 2011.

9.   APPROVE or DENY the petition filed by Hattiesburg Convention Commission (Rick Taylor) Eureka School, owner, to vary from Article 4, Section 54.04 (9) which states that the impervious surface area shall not cover over fifty (50) percent of the lot area, and instead allow 77.5 percent, for a variance of 27.5 percent, for certain property located at 410 E. 6^th Street (Parcel #s 34-444-42-1, 2, 14 & 18 and 34-808-1-5, PPINs 19029, 19030, 19033, 19034, 19041, 19046 & 23732, Ward 2); Hattiesburg Planning Commission recommended to APPROVE on March 2, 2011.

10.   APPROVE or DENY the petition filed by Headrick Outdoor Media, on behalf of Charles and Sarah Carley, owners, represented by Chris Loper:

1. To vary from Article 5, Section 95.10 (3E) which states that the billboard front setback shall be a minimum of twenty-five (25) feet, and instead allow 16.47 feet, for a variance of 8.53 feet; and

2. To vary from Section 95.10 (3F) which states that the billboard side setback shall be a minimum of fifteen (15) feet, and instead allow 7.68 feet, for a variance of 7.32 feet

for certain property located at 307 N. 26^th Avenue (Parcel # 21-1013-56, PPIN 26597, Ward 4); Hattiesburg Planning Commission recommended to DISMISS on March 2, 2011.

11.   APPROVE or DENY the petition filed and represented by Lawanda Terrell Jones, on behalf of Sharene McAllister-Conerly, owner, to allow a Use Permit Upon Review for a “day care” in a R-1A (Single-Family Residential) District, for certain property located at 1305 Penton Street (Parcel # 40-88-10-10, PPIN 13559, Ward 5); Hattiesburg Planning Commission recommended to APPROVE on March 2, 2011.

12.   Authorize purchase part of Lot No. 8, Hattiesburg Homestead Subdivision, Parcel No. 2-039N-19-065.00 from Elizabeth Nutt for City Bridge Project No. LSBP-18(14) at Pinehills Drive (offer approved at MB 2011-1/49) and Authorize City Clerk to issue manual check for same.

13.   Authorize purchase part of Lot No. 9, Hattiesburg Homestead Subdivision, Parcel No. 2-039N-19-044.00 from Edward Dudley and Dorothy Bryant Dudley for City Bridge Project No. LSBP-18(14) at Pinehills Drive (offer approved at MB 2011-1/49) and Authorize City Clerk to issue manual check for same.

14.   Take from the Table and Approve and authorize the execution of a Subrecipient Agreement with the Hattiesburg Housing Consortium, a partnership between Hattiesburg Area Habitat for Humanity, Community Connections, Housing Alternatives in Hattiesburg, and R3SM (Recover, Rebuild, Restore Southeast Mississippi) as lead agency, to provide Basic Rehabilitation in connection with the City's CDBG/HOME Housing Rehabilitation/Reconstruction and Repair Grant Program. {Entitlement}

15.   Authorize execution of duplicate originals of addendum to agreement with Eco-Systems, Inc. found at minute book and page 2009-6/373-382 for consulting services in connection with the EPA Brownfields Coalition Assessment Grant.

16.   Approve Amendment to the CHDO contract with Pinebelt Community Services (found at MB 2010-4 / 447-457) and amended December 21, 2010 (MB 2010-6 / 705-706) (no change to total proposed expenditure) and authorize Mayor to execute agreement in triplicate for same. {Entitlement - HOME}

17.   Approve Amendment to the CHDO contract with Breakthrough Community Services (found at MB 2010-4 / 26-37) and amended September 7, 2010 (MB 2010-5 / 167-169) to extend the time period to December 31, 2011 (no change to total proposed expenditure) and authorize Mayor to execute agreement in triplicate for same. {Entitlement - HOME}

18.   Approve and authorize Mayor to execute in triplicate a Blue Roof Initiative Grant Award to Annie Richardson of 402 Magnolia Avenue in an amount not to exceed $5,000 for roof replacement/repair materials.

19.   Approve and authorize Mayor to execute in triplicate a Blue Roof Initiative Grant Award to Sarah Chambers of 209 Magnolia Avenue in an amount not to exceed $5,000 for roof replacement/repair materials.

20.   Approve and authorize Mayor to execute in triplicate a Contractor and Owner Agreement and a Housing Rehabilitation Grant Award to Eva Lofton of 904 Roby Street in an amount not to exceed $50,000  according to the Housing Rehabilitation and Housing Programs Manual Section VIII (E). {Entitlement}

21.   Approve and authorize Mayor to execute in triplicate a Contractor and Owner Agreement and a Housing Rehabilitation Grant Award to Barbara Williams of 407 Ruby Avenue in an amount not to exceed $50,000  according to the Housing Rehabilitation and Housing Programs Manual Section VIII (E). {Entitlement}

22.  Ratify and confirm the Mayor's re-appointment of James F. Mckenzie (W-3), (6/17/10 - 6/16/15 to the Forrest County Industrial Park Commission, for a five (5) year term.

23.   Ratify and confirm the Mayor's re-appointment to the Library Board for  five (5) year terms as listed:

Melvin Williams                      W2                 4/01/10  -3/31/15

Gerry M. Waites                     W3                  4/01/08 - 3/31/13

Paul M. Rocconi                     W3                  4/01/09 - 3/31/14

Maggie Williams                     W3                 4/01/10 - 3/31/15

Bruce M. McCarthy                W4                  4/01/07 - 3/31/12

Frances Hervey                       W5                  4/01/07 - 3/31/12

VI.       ROUTINE AGENDA

1.   Acknowledge receipt of the Hattiesburg Tourism Commission's annual audit for FYE September 30, 2010 (on file in the City Clerk’s office).

2.   Acknowledge receipt of audit for the Hattiesburg Convention Commission for the Fiscal Year Ending September 30, 2010 (on file in the City Clerk's office).

3.   Acknowledge receipt of unadvertised bids for Fire Station #1 Light Foundations and accept the bid of Hanco Corp in the amount of $11,800.00 as the lowest bid received. (Unadvertised bids for Construction Project)

4.   Acknowledge receipt of bids on March 10, 2011 for Term Bid Items #13   - Sodium Fluorasilicate and #14 - Sodium Fluoride for the Hattiesburg Water Department for the period beginning April 1, 2011, and accept the   term bids as per recommendation, as the only bids received that meet the city’s advertised specifications.

5.   Acknowledge receipt of bids on March 10, 2011 for Term Bid Items #36   - Asphalt (Hot Mix) and Sand Asphalt and #37 - Hydraulic Fluid for the Public Services Department for the period beginning April 1, 2011, and   accept the term bids as per recommendation, as the only or lowest and best bids received that meet the city’s advertised specifications.

6.   Acknowledge receipt of unadvertised bids for Sigler Center Kitchen - Fire Hood and accept the bid of Grover Brothers Equipment in the amount of $6,879.00 as the lowest bid received. (Unadvertised bids for Construction Project)

7.   Acknowledge receipt of unadvertised bids for Sigler Center Kitchen Equipment and accept the bid of Grover Brothers Equipment in the amount of $15,215.00 as the lowest bid received. (Unadvertised bids for Construction Project)

8.   Approve Specifications and Authorize Publication of Advertisement for Term Bid Item Numbers 39-Cold Water AMR Meters in Various Sizes and 40-Automated Meter Reading Transmitter for the Water Department for the period beginning May 4, 2011, and ending March 31, 2012.

9.   Authorize advertisement for Request for Proposals for Sludge Removal by Dredging South Lagoon Cells 3B & 3C, contingent on receipt of sludge testing data for inclusion in RFP.           

10.   Approve the issuance of taxi permit/badge E-095 to Sandra Kay Boykin to drive for Hattiesburg Transportation Company.

11.   Acknowledge receipt of Privilege License Report for the month of February, 2011 from the Tax Department, as per recommendation.

12.   Approve sale of grave spaces per attached memo.

13.   Acknowledge Proofs of Publication for the month of February, 2011.

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

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

16.   Approve Claims Docket for the period ending March 18, 2011.

03-08-11 Proposed Agenda

PROPOSED AGENDA

HATTIESBURG CITY COUNCIL

4:30 P.M. MARCH 8, 2011

I.     Call to Order

II.    Call to Prayer and Pledge of Allegiance

III.   Agenda Order

IV.  Approval of Minutes of February 7, 8, 21, 22 and 24, 2011

V.   PRESENTATION AGENDA

VI.  POLICY AGENDA

1.   Take from the Table and APPROVE or DENY to adopt an Ordinance changing and amending the Land Development Code, Ordinance Number 2330, as amended, of the City of Hattiesburg, Mississippi, so as to add a new section hereafter known as SECTION 69, Cottage Overlay District as a Use Permit Upon Review.

2.   Take from the table and APPROVE or DENY the petition filed by Cellular South Real Estate, Inc., on behalf of Martin W. Garrick Trust, owner, represented by Joe Gordy, to allow a Use Permit Upon Review for a Telecommunication Tower, Article 4, Section 62.03 (6) in a B-5 (Regional Business) District, for certain property located at 116 W. Park Drive (parcel #51P-11-027.001, PPIN 31886, Ward 3); Hattiesburg Planning Commission recommended to DENY on December 1, 2010.

3.   Take from the table and APPROVE or DENY the petition filed by Cellular South Real Estate, Inc., on behalf of Martin W. Garrick Trust, owner, represented by Joe Gordy,

a.  To vary from Article 5, Section 98.06 (3A) which states that the tower shall be set back the height of the tower on all sides from the tower site’s property lines and from any public right-of-ways, and  instead allow setback of twenty-five (25) feet on the north for a variance of seventy-five (75) feet,

b.  A setback of thirty-one feet eight inches (31’8”) on the south, for a variance of sixty-eight feet four inches (68’4”), and

c.  A setback of twenty-three feet seven inches (23’7”) on the east, for a variance of seventy-six feet five inches (76’5”), and

d.  A setback of fifty-three feet four inches (53’4”) on the west, for a variance of forty-six feet eight inches (46’8”), and

e.  A setback nineteen feet (19’) on the Eastern Right-of Way of W. Park Drive, for a variance of eighty-one feet (81’), for certain property located at 116 W. Park Drive (parcel #51P-11-027.001, PPIN 31886, Ward 3); Hattiesburg Planning Commission recommended to DENY on December 1, 2010.

4.   Take from the table and APPROVE or DENY the petition filed by Lighthouse Rescue Mission (Kenneth Thronson), owner, represented by Sheldon & Parker, PLLC (Joseph Parker), to allow a Use Permit Upon Review for a “church” in a R-1A (Single-Family Residential) District, for certain property located at 204 Eupora Street (Parcel # 27-284-1-1 & 27-284-2-1, PPIN 15553 & 15554, Ward 2); Hattiesburg Planning Commission recommended to APPROVE on February 2, 2011, with the stipulation that no overnight stay shall be allowed. Overnight stay according to our regulations is not allowed in this zoning (R-1A, Single-Family Residential) in a non-single family residential setting.

5.   Take from the Table and APPROVE or DENY to adopt the Ordinance for the petition filed by Frankie L. Benton, Sr. & Doris Benton, owners, represented by Deborah Conerly, to change the zoning classification of lots 2-5 located at 19 Langston Road (Parcel # 166-10114-9, PPIN 06477, Ward 5) from A-1 (General Agricultural District) to R-1A (Single-Family Residential District); Hattiesburg Planning Commission recommended to APPROVE on February 2, 2011.

6.   Take from the Table and APPROVE or DENY the preliminary plat to subdivide a lot, filed by Frankie L. Benton, Sr. & Doris Benton, owners, represented by Deborah Conerly, located at 19 Langston Road (Parcel # 166-10114-9, PPIN 06477, Ward 5); Hattiesburg Planning Commission recommended to APPROVE on February 2, 2011.

7.   Take from the table and acknowledge request to WITHDRAW the petition filed by R3SM (Sheila Varnado), on behalf of David Investments, Inc. (Stephen W. Ramp), represented by Janice Pierce, to change the zoning classification for certain undeveloped property located on the corner of Edwards Street and Collins Street (Parcel #165D-5090-3-138, PPIN 09690, Ward 5) from B-2 (Neighborhood Business) District to R-1C (Single-Family Residential) District; Hattiesburg Planning Commission recommended to APPROVE on December 1, 2010.

8.   Take from the table and acknowledge request to WITHDRAW the preliminary plat to subdivide a lot, filed by R3SM (Sheila Varnado), owner, represented by Janice Pierce, for certain undeveloped property located on the corner of Edwards Street and Collins Street (Parcel #165D-5090-3-138, PPIN 09690, Ward 5); Hattiesburg Planning Commission recommended to APPROVE on December 1, 2010.

9.   Adopt Resolution approving the form of and authorizing the execution of an Interlocal Cooperation Agreement between the City of Hattiesburg, Mississippi and Lamar County, Mississippi relating to The Ridge at Turtle Creek Project (formerly known as the The Big Buck Project); and for related purposes.

10.  Adopt Resolution and Order to Condemn for Property to be acquired from R. Allen Flowers for West 4^th Street Improvement Project.  Project No. HPP-8750-00(003).

11.   Authorize Mayor to execute in duplicate, agreement with Illinois Central Railroad Company, and its Parent Corporation, Canadian National Railroad Company, for a 2" PVC duct with 80 strand fiber optic cable at M.P. 94.94 in Hattiesburg and Authorize Payment in the amount $7,000.00 upon execution of said agreement.

12.   Acknowledge and Approve Mayor to execute three copies of the Transportation Enhancement Project  Application and to execute the Legal and Compliance Certification (Attachment #4) for Pedestrian Connections, Transportation Enhancement Application, Trail along 34^th Avenue between Hardy Street and Beverly Lane.

13.   Authorize submittal of FY 2011 Certified Local Government (CLG) Grant Application to the Mississippi Department of Archives and History (nunc pro tunc).

14.   Approve amended Housing Rehabilitation, Reconstruction and Housing Repair Program Manual, adding Part I-B, Real Property Acquisition, to the amended manual adopted on 10/21/2008 found at MB2008-6/348-373 (copy on file in City Clerk's office). {Entitlement}

15.   Rescind order found at MB 2010-4 / 590-600; approve and authorize the Mayor to execute in triplicate a Housing Grant Award to Cassie Graham (previous address 705 Lincoln Street) for the purchase of property at 11 Annie Christie Drive in an amount not to exceed $50,000, according to the Housing Rehabilitation, Repair and Reconstruction Programs Manual Section VIII(E); authorize the Mayor to execute the acquisition of real property from Hattiesburg Area Habitat for Humanity and located at 11 Annie Christie Drive in an amount not to exceed $45,000 in accordance with the Housing Programs Manual Part I-B. {Entitlements}        

VII.       ROUTINE AGENDA 

1.   Acknowledge receipt of the monthly budget report for the month ending February 28, 2011, on permanent file in the City Clerk’s Office.

2.   Acknowledge receipt of two-bid purchase docket report for period of February 1, 2011, through March 2, 2011 as provided for in Section 31-7-13(B) of the Mississippi Code of 1972.

3.   Acknowledge receipt of appointment by Jolly Matthews, of Sari Wooten as Deputy Municipal Court Clerk.

4.   Acknowledge receipt of two (2) checks totaling $3,212.40 from the State of Mississippi to the Hattiesburg Police Department, and authorize monies to be placed in the Hattiesburg Police Department's Forfeiture Fund.

5.   Acknowledge receipt of Street Dedication Deed from Southern Development Resources, LLC, and authorize recording of same.

6.   Acknowledge and approve the issuance of corrected cemetery deed to Mr. or Mrs. W.C. Lancaster, Jr., due to incorrect description. 

7.   Acknowledge receipt of bids on January 20, 2011 for Various Term Bid Items for the Public Services Departments for the period beginning April 1, 2011, and accept the term bids as per recommendation, as the only or lowest and best bids received that meet the city’s advertised specifications.

8.   Approve and authorize publication of Notice to Bidders for the Demolition of six (6) dilapidated houses for the City of Hattiesburg's CDBG Demolition Program{Entitlement}.

9.   Authorize Advertisement for bids for Taxiway Lighting Upgrades for the Hattiesburg Bobby L. Chain Municipal Airport to be published in state and local newspaper.

10.  Approve and authorize issuance of manual checks for HOME Program claims per attached memorandum. {Entitlement}

11.   Approve and authorize issuance of manual checks for CDBG-R Program claims per attached memorandum. {Entitlement}

12.   Approve and authorize issuance of manual checks for CDBG Program claims per attached memorandum. {Entitlement}

13.   Approve Claims Docket for the period ending February 28, 2011.