REGULAR COUNCIL MEETING, TUESDAY, OCTOBER 20, 2009 AT 5:00 P.M.

 

Meeting called to order by Council President Smith.

 

Present:  Thomas, Perry, Henson, Palmer, Smith.

 

Absent:  None.

 

 

            The meeting was opened with prayer by Rev. Glen Hall of 8th Avenue Church of God and followed by the Pledge to the Flag.

 

 

            First on the agenda was setting the agenda.  Councilman Thomas stated that on the agenda there is a public hearing scheduled for 5:30.  He stated he understood there may be a possible conflict that would rule this out of order.  He asked City Attorney Bill Ready about this.  Mr. Ready stated that in reading the package that was delivered by the secretary of the Council it became obvious that one member of the Planning Commission at least created an apparent conflict of interest.  As the attorney for the city, it was his recommendation that this matter be sent back tonight to the Planning Commission for removal of any and all possible doubts and let the matter come up for a hearing at a later date.  Councilman Thomas stated that based on the advice of the city attorney that he moved to remove this public hearing from the agenda.  Said motion was seconded by Councilwoman Perry and unanimously passed by the Council.  (Councilman Palmer arrived at the meeting after the vote to approve the agenda).  Councilwoman Henson asked the city attorney to explain it further or if this was all he had to say about it.  Mr. Ready said it is an apparent conflict of interest as you have one member who has signed an objection to the petition for the change.  He was not at the meeting and therefore there is no real conflict but in his judgment the apparent conflict is there.  He stated that if there is going to be any hearing after that he would rather the city be on firm ground as having done everything procedurally correct and remove all questions.  This is his basis for his recommendation.  President Smith stated that it had been voted on that there will not be a hearing that night on the property.  The clerk of council asked if the council has to do another resolution to hold another public hearing.  Mr. Ready stated that after the motion the City Council will send it back to the Planning Commission for them to straighten out what ever record discrepancies there are and then the matter will be appealed back to the council at which time a resolution will be presented to set another hearing.  Councilman Thomas stated his motion was to remove the hearing and reschedule it after the Planning Commission has acted on it.  President Smith advised those present that anyone who was there for the hearing is welcome to stay.  He said it will not be brought up as they have removed it so there will be nothing else done on it.  Attorney Patrick McCraney asked for a point of clarification.  He asked if there would be another hearing held by the Planning Commission same as the last time.  Mr. Ready stated that if the Planning Commission decides to hold another public hearing it could do so but a wise attorney who wanted to be economical could recommend that both sides in the issue move to accept the record as it was and ask for a vote.  If the possible conflict of interest is put on the record of the meeting and the apparent person recuses himself from the vote then he thinks the issue will be resolved.  It can then be appealed at which time the normal procedure would call for another hearing.  Mr. McCraney stated he trusts the council understands that time is of importance and they have invested a lot in court reporters and attorneys who have to travel to be there so they would appreciate it there was any possibility it could be decided on.  Council President Smith stated it had already been decided and voted on that it will go back to the Planning Commission.  Mr. Ready stated it is not a matter of cost with either side so much as it is a matter the city must assume that someone of interest might want to pursue it further.  In that case, his advises to his clients to not to have any imperfections in this matter.  The City Council needs to maintain its application of being fair according to law.  

 

 

            Motion was made by Councilman Thomas duly seconded by Councilman Palmer and unanimously passed by the Council to approve the minutes dated October 06, 2009.

 

 

            Councilman Thomas offered and moved the adoption and passage of the following Order:

 

ORDER #14671       ORDER RECORDING INTO THE MINUTES OF THE MERIDIAN CITY

                                    COUNCIL THE “CERTIFICATION TO MUNICIPAL COMPLIANCE

                                    QUESTIONNAIRE”

 

And, Councilman Palmer seconded the motion, whereupon said Order was discussed, passed and adopted by the Council by a vote as follows:

 

Yea:  Thomas, Perry, Henson, Palmer, Smith.

Nay:  None.

 

 

            Councilman Thomas offered and moved the adoption and passage of the following Order:

 

ORDER #14672       ORDER AUTHORIZING INSTALLATION OF A STREET LIGHT AT

                                    1202 SOUTH HILLVIEW DRIVE

 

And, Councilman Palmer seconded the motion, whereupon said Order was discussed, passed and adopted by the Council by a vote as follows:

 

Yea:  Thomas, Perry, Henson, Palmer, Smith.

Nay:  None.

 

 

            Councilman Thomas offered and moved the adoption and passage of the following Order:

 

ORDER #14673       ORDER AUTHORIZING INSTALLATION OF A STREET LIGHT AT

                                    1900 12TH AVENUE

 

And, Councilman Palmer seconded the motion, whereupon said Order was discussed, passed and adopted by the Council by a vote as follows:

Yea:  Thomas, Perry, Henson, Palmer, Smith.

Nay:  None.

 

 

            Councilman Thomas offered and moved the adoption and passage of the following Order:

 

ORDER #14674       ORDER AUTHORIZING INSTALLATION OF A STREET LIGHT AT

                                    HILLSIDE DRIVE

 

And, Councilman Palmer seconded the motion, whereupon said Order was discussed, passed and adopted by the Council by a vote as follows:

 

Yea:  Thomas, Perry, Henson, Palmer, Smith.

Nay:  None.

 

 

            Councilman Thomas offered and moved the adoption and passage of the following Order:

 

ORDER #14675       ORDER DECLARING EQUIPMENT AND VEHICLE SURPLUS AND NO

                                    LONGER NEEDED BY THE CITY OF MERIDIAN AND AUTHORIZING

                                    THE SALE OF SAID SURPLUS EQUIPMENT AND VEHICLE

 

And, Councilman Palmer seconded the motion, whereupon said Order was discussed, passed and adopted by the Council by a vote as follows:

 

Yea:  Thomas, Perry, Henson, Palmer, Smith.

Nay:  None.

 

 

            Councilman Thomas offered and moved the adoption and passage of the following Order:

 

ORDER #14676       ORDER DECLARING EQUIPMENT SURPLUS AND NO LONGER

                                    NEEDED BY THE CITY OF MERIDIAN AND AUTHORIZING SAID

                                    SURPLUS EQUIPMENT TO BE DISCARDED

 

And, Councilman Palmer seconded the motion, whereupon said Order was discussed, passed and adopted by the Council by a vote as follows:

 

Yea:  Thomas, Perry, Henson, Palmer, Smith.

Nay:  None.

 

 

            Councilwoman Henson offered and moved the adoption and passage of the following Order:

 

ORDER #14677       ORDER LIFTING MORATORIUM ON ANY NEW GROUP CARE FACILITIES

And, Councilwoman Perry seconded the motion, whereupon said Order was discussed, passed and adopted by the Council by a vote as follows:

 

Yea:  Thomas, Perry, Henson, Palmer, Smith.

Nay:  None.

 

 

            Councilwoman Perry offered and moved the adoption and passage of the following Resolution:

 

RESO. #5617                        RESOLUTION ADOPTING COMPREHENSIVE PLAN AMENDMENTS

                                    CONCERNING GROUP CARE FACILITIES

 

And, Councilwoman Henson seconded the motion, whereupon said Resolution was discussed, passed and adopted by the Council by a vote as follows:

 

Yea:  Thomas, Perry, Henson, Palmer, Smith.

Nay:  None.

 

 

            Councilwoman Henson offered and moved the adoption and passage of the following Ordinance:

 

ORDIN. #4359         ORDINANCE AMENDING ORDINANCE NO. 3966 CONCERNING

                                    GROUP CARE FACILITIES

 

And, Councilman Palmer seconded the motion, whereupon said Ordinance was discussed, passed and adopted by the Council by a vote as follows:

 

Yea:  Thomas, Perry, Henson, Palmer, Smith.

Nay:  None.

 

 

            Councilman Thomas offered and moved the adoption and passage of the following Resolution:

 

RESO. #5618                        RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF

                                    MERIDIAN, MISSISSIPPI GRANTING EXEMPTION FROM AD VALOREM

                                    TAXES FOR AN EIGHT-YEAR PERIOD TO VAN ZYVERDEN, INC. AS

                                    AUTHORIZED BY SECTION 27-31-101 ET SEQ., OF THE MISSISSIPPI

                                    CODE OF 1972, AS AMENDED

 

And, Councilwoman Henson seconded the motion, whereupon said Resolution was discussed, passed and adopted by the Council by a vote as follows:

 

 

Yea:  Thomas, Perry, Henson, Palmer, Smith.

Nay:  None.

 

 

            Councilman Thomas offered and moved the adoption and passage of the following Resolution:

 

RESO. #5619                        RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF

                                    MERIDIAN, MISSISSIPPI GRANTING EXEMPTION FROM AD VALOREM

                                    TAXES FOR A SEVEN-YEAR PERIOD TO VAN ZYVERDEN, INC. AS

                                    AUTHORIZED BY SECTION 27-31-101 ET SEQ., OF THE MISSISSIPPI

                                    CODE OF 1972, AS AMENDED

 

And, Councilwoman Henson seconded the motion, whereupon said Resolution was discussed, passed and adopted by the Council by a vote as follows:

 

Yea:  Thomas, Perry, Henson, Palmer, Smith.

Nay:  None.

 

 

            Councilwoman Perry offered and moved the adoption and passage of the following Resolution:

 

RESO. #5620                        RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF

                                    MERIDIAN, MISSISSIPPI GRANTING EXEMPTION FROM AD VALOREM

                                    TAXES FOR A SIX-YEAR PERIOD TO VAN ZYVERDEN, INC. AS

                                    AUTHORIZED BY SECTION 27-31-101 ET SEQ., OF THE MISSISSIPPI

                                    CODE OF 1972, AS AMENDED

 

And, Councilwoman Henson seconded the motion, whereupon said Resolution was discussed, passed and adopted by the Council by a vote as follows:

 

Yea:  Thomas, Perry, Henson, Palmer, Smith.

Nay:  None.

 

 

            Councilwoman Henson offered and moved the adoption and passage of the following Resolution:

 

RESO. #5621                        RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF

                                    MERIDIAN, MISSISSIPPI GRANTING EXEMPTION FROM AD VALOREM

                                    TAXES FOR A FIVE-YEAR PERIOD TO VAN ZYVERDEN, INC. AS

                                    AUTHORIZED BY SECTION 27-31-101 ET SEQ., OF THE MISSISSIPPI

                                    CODE OF 1972, AS AMENDED

 

 

And, Councilman Palmer seconded the motion, whereupon said Resolution was discussed, passed and adopted by the Council by a vote as follows:

 

Yea:  Thomas, Perry, Henson, Palmer, Smith.

Nay:  None.

 

 

            Councilwoman Perry offered and moved the adoption and passage of the following Resolution:

 

RESO. #5622                        RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF

                                    MERIDIAN, MISSISSIPPI GRANTING EXEMPTION FROM AD VALOREM

                                    TAXES FOR A FOUR-YEAR PERIOD TO VAN ZYVERDEN, INC. AS

                                    AUTHORIZED BY SECTION 27-31-101 ET SEQ., OF THE MISSISSIPPI

                                    CODE OF 1972, AS AMENDED

 

And, Councilwoman Henson seconded the motion, whereupon said Resolution was discussed, passed and adopted by the Council by a vote as follows:

 

Yea:  Thomas, Perry, Henson, Palmer, Smith.

Nay:  None.

 

 

            Councilwoman Henson offered and moved the adoption and passage of the following Ordinance:

 

ORDIN. #4360         ORDINANCE AMENDING THE CITY’S ZONING ORDINANCE NO. 3966

                                    SO AS TO RECLASSIFY CERTAIN LANDS IN THE CITY OF MERIDIAN

                                    FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO CONDITIONAL

                                    R-3 MULTI-FAMILY RESIDENTIAL DISTRICT (NORTHEAST CORNER OF

                                    JR. COLLEGE DRIVE @ 14TH STREET) INCLUDING AMENDING THE

                                    OFFICIAL ZONING MAP OF THE CITY OF MERIDIAN

 

And, Councilwoman Perry seconded the motion, whereupon said Ordinance was discussed, passed and adopted by the Council by a vote as follows:

 

Yea:  Thomas, Perry, Henson, Palmer, Smith.

Nay:  None.

 

 

            Councilwoman Perry offered and moved the adoption and passage of the following Ordinance:

 

ORDIN. #4361         ORDINANCE AMENDING THE CITY’S ZONING ORDINANCE NO. 3966

                                    SO AS TO RECLASSIFY CERTAIN LANDS IN THE CITY OF MERIDIAN

                                    FROM B-4 REGIONAL BUSINESS DISTRICT TO R-2 TWO-FAMILY

                                    RESIDENTIAL DISTRICT (VICINITY OF EAST OF GRAND AVENUE,

                                    SOUTH OF CHEATHAM STREET) INCLUDING AMENDING THE

                                    OFFICIAL ZONING MAP OF THE CITY OF MERIDIAN

 

And, Councilman Thomas seconded the motion, whereupon said Ordinance was discussed, passed and adopted by the Council by a vote as follows:

Yea:  Thomas, Perry, Henson, Palmer, Smith.

Nay:  None.

 

 

            Councilman Palmer offered and moved the adoption and passage of the following Order:

 

ORDER #14678       ORDER AUTHORIZING EXECUTION OF AN AGREEMENT WITH

                                    LEADING EDGES ADVERTISING FOR PRODUCTION OF THE CITY

                                    OF MERIDIAN ANNUAL REPORT FOR FISCAL YEARS 2009 AND 2010

 

And, Councilwoman Perry seconded the motion, whereupon said Order was discussed, passed and adopted by the Council by a vote as follows:

 

Yea:  Thomas, Perry, Henson, Palmer, Smith.

Nay:  None.

 

 

            Councilwoman Perry offered and moved the adoption and passage of the following Order:

 

ORDER #14679       ORDER GRANTING PERMISSION TO 8TH AVENUE CHURCH OF GOD

                                    TO UTILIZE A PORTION OF CITY RIGHT-OF-WAY AT 1901 8TH AVENUE

                                    FOR PARKING AND APPROVING AND ACCEPTING A HOLD HARMLESS

                                    AGREEMENT

 

And, Councilwoman Henson seconded the motion, whereupon said Order was discussed, passed and adopted by the Council by a vote as follows:

 

Yea:  Thomas, Perry, Henson, Palmer, Smith.

Nay:  None.

 

 

            Councilwoman Henson offered and moved the adoption and passage of the following Order:

 

ORDER #14680       ORDER NAMING THE AVENUE BEGINNING AT A POINT NEAR THE

                                    EAST RIGHT OF WAY LINE OF BONITA DRIVE AND NORTH RIGHT

                                    OF WAY LINE OF HIGHWAY 19 SOUTH AND RUNNING NORTHERLY

                                    TO ITS’ TERMINUS AS REFERENCED BY FINAL PLAT OF THE GREAT

                                    SOUTH PARK AS “NEW WAY”

And, Councilwoman Perry seconded the motion, whereupon said Order was discussed, passed and adopted by the Council by a vote as follows:

 

Yea:  Thomas, Perry, Henson, Palmer, Smith.

Nay:  None.

 

            Motion was made by Councilwoman Henson duly seconded by Councilman Palmer and unanimously passed by the Council to approve the claims docket dated October 15, 2009 in the amount of $2,292,059.43.

 

 

            President Smith called for citizen comments.  Larry Jones with the Alliance for Downtown Meridian appeared and stated their attorney and the city’s attorney had met to work out two contracts between the Alliance and the city regarding the Main Street program and downtown economic development.

 

 

            The hour of 5:15 p.m. having arrived, the hearing as called for in Resolution #5603 regarding unclean land was opened with motion by Councilman Thomas duly seconded by Councilwoman Henson and unanimously passed by the Council.  No one appeared regarding the unclean land.  Motion was made by Councilman Thomas duly seconded by Councilwoman Perry and unanimously passed by the Council to close the hearing.  Councilman Thomas offered and moved the adoption and passage of the following Resolution:

 

RESO. #5623                        RESOLUTION ADJUDICATING PARCEL OF LAND TO BE A MENACE

                                    TO THE PUBLIC HEALTH AND SAFETY OF THE COMMUNITY

                                    (HODGES & BROACH SUB PT LOT 18 M & O SURVEY LOT 8)

 

And, Councilman Palmer seconded the motion, whereupon said Resolution was discussed, passed and adopted by the Council by a vote as follows:

 

Yea:  Thomas, Perry, Henson, Palmer, Smith.

Nay:  None.

 

 

            President Smith called for Council comments.  Various comments were made.            

      

 

            There being no further business to come before the Council at this time, the meeting was adjourned.  Sine die.

 

                                                                        Respectfully submitted,  

 

 

                                                                        Pam McInnis, Clerk of Council