REGULAR COUNCIL MEETING, TUESDAY, MARCH 18, 2008 AT 5:00 P.M.

 

Meeting called to order by Council President Henson.

 

Present:  Thomas, Perry, Henson, Palmer.

 

Absent:  Harris.

 

 

            The meeting was opened with prayer by Dr. John Temple of Poplar Springs Baptist Church followed by the Pledge to the Flag.

 

 

            Motion was made by Councilman Thomas duly seconded by Councilman Palmer and unanimously passed by the Council to confirm the agenda order for this meeting with an amendment to: add an executive session regarding economic development.

 

 

            Motion was made by Councilman Thomas duly seconded by Councilman Palmer and unanimously passed by the Council to approve the minutes dated March 04, 2008.

 

 

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

 

ORDER #14265       ORDER CONFIRMING THE RE-APPOINTMENT BY THE MAYOR

                                    OF EUGENE F. YOUNG TO THE BUILDING CODE BOARD OF

                                    ADJUSTMENTS & APPEALS

 

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.

Nay:  None.

Absent:  Harris.

 

 

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

 

ORDER #14266       ORDER CONFIRMING THE RE-APPOINTMENT BY THE MAYOR

                                    OF JAMES MCRAE TO THE BUILDING CODE BOARD OF

                                    ADJUSTMENTS & APPEALS

 

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.

Nay:  None.

Absent:  Harris.

 

 

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

 

ORDER #14267       ORDER CONFIRMING THE RE-APPOINTMENT BY THE MAYOR

                                    OF CASSIE KAUERZ TO THE HOUSING CODE BOARD OF

                                    ADJUSTMENTS & APPEALS

 

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,

Nay:  None.

Absent:  Harris.

 

 

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

 

ORDER #143268     ORDER CONFIRMING THE RE-APPOINTMENT BY THE MAYOR

                                    OF SARAH S. DAVIS TO THE HOUSING CODE BOARD OF

                                    ADJUSTMENTS & APPEALS

 

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.

Nay:  None.

Absent:  Harris.

 

 

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

 

ORDER #14269       ORDER CONFIRMING THE RE-APPOINTMENT BY THE MAYOR

                                    OF ED MOSLEY TO THE MECHANICAL BOARD

 

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.

Nay:  None.

Absent:  Harris.

 

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

 

ORDER #14270       ORDER CONFIRMING THE RE-APPOINTMENT BY THE MAYOR

                                    OF ZANE CHAPMAN TO THE MECHANICAL BOARD

 

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.

Nay:  None.

Absent:  Harris.

 

 

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

 

ORDER #14271       ORDER DECLARING EQUIPMENT SURPLUS AND NO LONGER NEEDED

                                    BY THE CITY OF MERIDIAN AND AUTHORIZING THE SALE OF SAID

                                    SURPLUS EQUIPMENT

 

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.

Nay:  None.

Absent:  Harris.

 

 

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

 

ORDER #14272       ORDER APPROVING TAXI PERMIT FOR:  GEORGE PARKS

 

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.

Nay:  None.

Absent:  Harris.

 

 

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

 

ORDER #14273       ORDER AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 1

                                    BETWEEN CREEL DEVELOPMENT, INC. AND THE CITY OF MERIDIAN

                                    (CONSTRUCTION OF FIRE STATION NO. 8)

           

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.

Nay:  None.

Absent:  Harris.

 

 

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

 

ORDER #14274       ORDER DECLARING CITY-OWNED PROPERTY SURPLUS AND

                                    AUTHORIZED TO BE LEASED AT A COST DETERMINED BY THE

                                    AVERAGE OF THREE PROFESSIONAL APPRAISERS

 

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.

Nay:  None.

Absent:  Harris.

 

 

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

 

ORDER #14275       ORDER ACCEPTING THE BID OF LUCKETT PUMP & WELL SERVICE,

                                    INC., DUBLIN, MS, FOR CHLORINE SYSTEM IN THE AMOUNT OF

                                    $15,898.82 (FRESHWATER PLANT AT 1598 B STREET)

 

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.

Nay:  None.

Absent:  Harris.

 

 

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

 

ORDER #14276       ORDER ACCEPTING THE BID OF TRUSTMARK NATIONAL BANK OF

                                    MERIDIAN, MS, FOR LEASE PURCHASE FINANCING OF A RESCUE

                                    PUMPER FOR THE ANNUAL PERCENTAGE RATE OF 2.85% ON THE

                                    AMOUNT OF $364,800.00 WITH THREE (3) EQUAL ANNUAL PAYMENTS

                                    OF $127,486.12

 

 

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.

Nay:  None.

Absent:  Harris.

 

 

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

 

ORDIN. #4329         ORDINANCE AMENDING THE CITY’S ZONING ORDINANCE NO. 3966

                                    SO AS TO RECLASSIFY CERTAIN LANDS IN THE CITY OF MERIDIAN

                                    FROM DISTRICT R-1 TO DISTRICT B-1 (3839 OLD HWY 45 NORTH/IN

                                    THE VICINITY OF HWY 45 N & 39TH COURT) 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.

Nay:  None.

Absent:  Harris.

 

 

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

 

ORDER #14277       ORDER AUTHORIZING THE EXECUTION OF LEASE AGREEMENT

                                    BETWEEN THE CITY OF MERIDIAN AND GREYHOUND LINES, INC.                                                        (SPACE AT UNION STATION)

 

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.

Nay:  None.

Absent:  Harris.

 

 

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

 

ORDER #14278       ORDER AUTHORIZING THE EXECUTION OF LETTER OF AUTHORIZATION

                                    FOR PERFORMANCE CONTRACT INVESTIGATION BETWEEN THE CITY

                                    OF MERIDIAN AND HONEYWELL INTERNATIONAL, INC.

 

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.

Nay:  None.

Absent:  Harris.

 

 

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

 

ORDER #14279       ORDER AUTHORIZING THE SUBMISSION OF 2008 ASSISTANCE TO

                                    FIREFIGHTER GRANT APPLICATION THROUGH THE U.S. DEPARTMENT

                                    OF HOMELAND SECURITY (PORTABLE RADIOS AND HELMET COM

                                    SYSTEMS)

 

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.

Nay:  None.

Absent:  Harris.

 

 

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

 

ORDER #14280       ORDER APPROVING INSTALLATION OF SEPTIC TANK BY RUTHIE

                                    MOFFETT AT 6105 OLD POPLAR SPRINGS DRIVE INSTEAD OF

                                    HOOKING TO CITY SEWER LINE

 

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.

Nay:  None.

Absent:  Harris.

 

 

            Motion was made by Councilman Thomas to adopt the proposed amendment to the animal control ordinance which would limit the number of dogs a person can keep or maintain at one time on their premises inside the city limits to no more than three (3) dogs and that persons can’t keep or maintain newly born puppies longer than two (2) months of age.  It was discussed that there needed to be an appeals venue and consideration given for pet therapy animals and seeing-eye animals.  The city attorney is to work on this ordinance and come back with a new proposed amendment.  Councilman Thomas withdrew his motion.  Councilman Thomas expressed his concern that animal control does not pick up animals during the weekend and after office hours.  He mentioned an instance where his wife came across a dog that was lying in the street after being hit by a vehicle.  She called 911 and was advised that animal control did not pick up animals on the weekends.  She also asked a police officer about this and was told that it was not his job to do anything.  Police Chief Dubose stated that animal control will pick up injured animals on the weekend and that someone was always on call.  He will get with 911 and make sure they have this information.

 

 

            Next on the agenda was the public hearing as called for regarding rezoning case RZ-08-02 (Nan Casciaro, 1105 & 1107 Myrtle Drive).  Motion was made by Councilman Thomas duly seconded by Councilman Palmer and unanimously passed by the Council to open the hearing.  President Henson asked City Attorney Bo Bailey to explain the Council’s responsibility as far as the public hearing He advised the City Council that in order to rezone property the burden of proof to support the rezoning is upon the applicant.  By clear and convincing evidence, the applicant must prove that either (1) there was a mistake in the original zoning or (2) the character of the neighborhood has changed to such an extent as to justify reclassification and there is a public need for rezoning.  The decision will be valid if it appears to be fairly debatable and will be set aside only if it clearly appears that the decision is arbitrary, capricious, discriminatory, illegal, or is not supported by substantial evidence.  Planner Don Jemison with Community Development appeared and stated that he asked to brief the Council about the history of this case.  This matter came before the Planning Commission as RZ-08-02 on January 22, 2008.  It is identical to a case that was proposed in 2005.  The applicant is trying to rezone property from R-1 to B-4.  This last time it was denied by the Planning Commission and the applicant has appealed the case to the City Council.  At the Planning Commission meeting the representative from the Lakemont Residents Association voiced their opposition to the rezoning.  The applicant and her attorney provided their side for the request before the Planning Commission.  It was denied by the Planning Commission and has come before the City Council.  Those speaking at the public hearing were as follows:  (1) Nan Casciaro, 1105 & 1107 Myrtle Drive, appeared and stated she wanted to explain why she was requesting this.  She bought the house at 1105 Myrtle Drive five years ago and the reason was her husband was will and they lived in the county.  They wanted to get closer to work.  She bought the house and restored it.  The house next door was being shown for rent and she could not believe who the property owner was showing it to.  She called Paul Broadhead and asked him to sell her the house so she could control who lived there.  A month later Mr. Broadhead called her and said she could buy it.  That is the reason she bought the property.  The reason the Planning Commission turned her down was because she did not get up and explain that.  She did not buy the house to get zoning and she did not buy it to make money.  After she got it she rented it for a while and it did not work out too well.   She was doing candles and soap and selling on the internet and three or four places in Meridian.  She decided she needed to just do candles.  Her husband was in the hospital two years ago for six months and was in ICU.  Now he works in the mall, takes all the money that comes in, works up all the receipts and does her book work.  He is 86 years old and he can live to be 100 if she can keep him working.  She could only push and move heavy equipment for so long.  She can’t make money in the antique business and can’t make a living to pay the rent.  This is the reason she wanted the house across the street so she can go over and have her internet business and her husband can do the books and she can make candles.  Most of those who come to the house to buy candles would not have children.  She has not had any problem with children.  If they did come she would not allow them to go up to the lake.  There is no chance of anyone falling into the lake from any of her property.  They have never had any kind of incident from anybody coming to their mall.  There are two entrances on 22nd Avenue that people can go to and from so they don’t have to go on Highway 45 South.  She wanted to bring those points to the City Council for them to consider before doing what they are going to do on the rezoning.  (2) Esther Northam, 705 Elmwood Drive, appeared and stated they came here about two years ago for this same situation and they can appreciate Mrs. Casciaro’s situation that she is in but those are their homes, all of their homes, out there and they have been there for many years.  She is sure all of the City Council is familiar with the location and that they have been out there.  Mrs. Casciaro was aware that this was a residential area when she bought that property and evidently her plans have changed and she wants Lakemont Subdivision to conform to her plans.  That is a dangerous intersection and there is a caution light there.  On the two properties that she wants rezoned the only way if someone came in and put a business there, the only way they can get in and out would be to back out into the street.  It is a narrow street and there are tennis courts across the street and the highway is busy.  Myrtle Drive is busy with traffic going from the highway to 22nd Avenue and from 22nd avenue down to the highway and it would present a dangerous situation for the residents of Lakemont Subdivision.  She asked that the City Council to please do not consider rezoning this area.  (3) Frank Polizzi, 715 Elmwood Drive, appeared representing the Lakemont Civic Improvement Association.  The organization is comprised of home owners and residents of the Lakemont Subdivision.  A small yearly fee is paid by members to maintain the lake and groom the adjacent border.  This association was formed when the residents had an opportunity to obtain Echo Lake and the immediate surrounding properties.  Since its’ inception, the primary function of the Lakemont Civic Improvement Association is to promote a safe, clean environment conducive to family living.  While membership is not mandatory, most families in their small community are members and thereby share in the ownership of Echo Lake.  On or about December 15th, he received a letter from Mr. Robert Dreyfus on behalf of Mrs. Casciaro advising their Association of the intent to rezone two properties, 1107 and 1005 Myrtle Drive, from R-1A to B-4.  The signs were posted accordingly on the property.    While they feel the intentions of Mrs. Casciaro are honorable, once rezoned to commercial, whoever gains control of this property in the future may establish one of many uses of this property.  Since the zoning board voted unanimously to deny this request it was never re-advertised for B-1 zoning.  They are a little concerned about that.  It should have been re-advertised for reposted.  They feel they are being brought up and down on this and they don’t know exactly what stances to take with it.  Development of this property for a retail business will create traffic flow problems on Myrtle Drive, one of only two entrance points to the Subdivision.  Extremely limited parking would create a hazardous area, especially for traffic turning from either direction off of Hwy 145 and on to Myrtle Drive.  The character of their neighborhood has not changed in at least the 30 years he has been there and this would change the character of their neighborhood if this was allowed to be changed to a commercial area.  The proposed rezoning would allow commercial establishments to encroach beyond the clear boundary of Lakemont Subdivision altering the neighborhood character.  It should also be mentioned the parcels in question are immediately adjacent to Echo Lake.  If rezoned, a commercial establishment with signage, equipment, fences and dumpsters (although Mrs. Casciaro might not put any there) would be in direct contract, and on, property that includes waterfront property on Echo Lake.  He presented a list of eighty-seven signatures, all residents of Lakemont Subdivision in opposition to rezoning at this time.  He asked that the Council uphold the decision of the zoning board.  (4) Robby Dreyfus, attorney for Mrs. Casciaro, appeared next.  He asked that his packet sent to the City Council be made a part of the record and asked that the Community Development’s recommendation be made a part of the record.  He said they are there today asking that the parcel of land be rezoned B-1, that was the recommendation of the Community Development Department and they concur with that recommendation.  There is some confusion how this transpired.  Mrs. Casciaro went to the Community Development Department and said she wanted to have her dandle shop and wanted to know how to go about it.  Three or four years ago she did go before the city requesting B-4 and was turned down.  They are only asking for B-1 because that is what a candle shop will fall in.  They are not asking for anything beyond that use.  Councilman Thomas asked if the Council was considering B-1 or B-4.  City Attorney Bo Bailey said the notice was for B-4.  Councilman Thomas said they are considering B-1.  Mr. Dreyfus said the Community Development recommendation was for B-1 and they concur with that B-1 se.  B-1 use is permitted in a B-4 so there is nothing wrong with approving the request as modified.  CAO Ken Storms told the Council they could consider a more restrictive use than B-4.  Mayor Smith said they can not consider a more lax use.  City Attorney Bailey said a B-1 is more of a transition business use and is more restrictive.  B-1 is transitional and B-4 is more commercial.  Mayor Smith stated as far as advertisement, they can’t consider anything more expansive than a B-4, they can consider something more restrictive than a B-4.  Councilman Thomas asked if this was OK and City Attorney stated it was.  Mr. Dreyfus said that as a former city attorney he knows that is the case.  They can go to a more restrictive use but cant expand on the original use.  Councilman Thomas said he did not want to waste anyone’s time if it was illegal.  Mr. Dreyfus said he wanted them to understand that they are only asking for B-1.  A B-1 is for professional offices, small shops, small antique shops and floral shops which a candle shop would fall under.  If the B-1 is approved, the people who are in Lakemont who are concerned about what future people may do, they can’t do anything that is not permitted in a B-1 use district.  There won’t be anything more than a candle shop, gift shop or professional business if they approve the change.  Mr. Dreyfus stated that as Mr. Bailey said, the law requires them to prove that there was an error in the original plan, but that is not their case, or the character of the neighborhood has changed to the extent that it would justify the rezoning or there is a public need for the rezoning.  He said you can argue what the neighborhood it.  If you go out the building and stand in front of it all you can see is the tennis courts and the antique mall shop across from it and the highway.  You see one house on the corner of Beech Street.  The neighborhood they (Lakemont Subdivision residents) are talking about is back across the lake, way away from where this building is.  Their neighborhood is the highway, that corridor that goes into Meridian and that is what they are talking about that has changed.  The changes are that primarily in 1999 all of that property on the west side of the highway was rezoned B-4.  The property on the east side of 145 and north of Myrtle Drive is already B-4.  This the change in the zone.  There have been some changes in the uses of the property rezoned that is already there.  On Beech Street which is backside of the property on 145, that happens to be in R-1.  Apparently the zoning boundary goes down the middle of the block and everything on the west side is B- and everything on the east side is R-1.  There is a lady up there who has a beauty shop, Jeanelle Morgan.  She has a separate tax assessment for that shop and that is in their packet too.  He said he does now know how many customers she has but she pays taxes on a beauty shop.  Then, if you go up the road to 22nd Avenue Heights there is a house that was a residence which is above the Holiday Inn.  It has been converted to a restaurant named Bridgette’s.  That has been a change.  What is significant is that there has been, there is the lack of no change.  If you go down Hwy 145 there is no residential zone.  It is all commercial.  All of the residential movement in this city is to the north.  If anything is developing toward the south it is all residential.  Look at what is happening at Bonita Lakes and everywhere else, that is the way the city is going.  That satisfies the public need as well as the change.  He called their attention to the report from the city’s Community Development Department on page 4, item A-F.  The Community Development staff has addressed each and every criteria of the zoning ordinance and what it takes to be rezoned.  They have justified in each and every case why this piece of property should be rezoned.  The folks from the Association are concerned and he understands that but they have not presented any facts to the Council that contradicts what the Community Development report says.  This is chock full of facts and it was prepared by people who have education, training and experience in this area and know what they are talking about.  It is not supposition or fantasy.  So, the evidence is before the City Council and they have a duty to follow the evidence and just follow supposition and allegations.  Mr. Alex Smith, who all of the Council knows well, is an experienced appraiser in town with an MAI designation as well as others and he is going to testify.  Basically he confirms what the Community Development staff said and that is the rezoning of this property to B-1 is not going to devalue these properties in Lakemont.  These people don’t have anything to worry about their values going down and increased traffic.  Mrs. Casciaro is going to be taking the existing candle customers from the existing mall and move them across the streets.  How is that an increase in traffic?  He does not understand.  He showed a map of the area.  The yellow shaded area showed the portion to be rezoned to B-1 and the pink shaded area is the rest of the property that will stay R-1.  This R-1 is a buffer area.  The facts are there.  There has been a change.  There is a change in what they consider the neighborhood which is the Highway 145 corridor and there is a need for more land for business development because there is no residential development going on there.  And, all the criteria that the ordinance prescribes have been addressed by the Community Development staff and they concur that all the criteria has bee met.  These professionals recommend that the B-1 rezoning be approved.  He asked that the Council approve their recommendation and enter an ordinance rezoning this property to B-1.  City Attorney Bo Bailey said it came up on an appeal of the B-4 denial and it was recommended by Community Development to rezone it to B-1.  The City Council can reject all or part of the appeal.  Mr. Dreyfus once again stated they concur with the Community Development recommendation.  (6) Alex Smith appeared next.  Mr. Smith stated that is only function is that Robby Dreyfus asked him about this.  He was asking about changing this to a B-1 or any commercial zone what it would do to other properties in the subdivision.  In order for it to be detrimental, it would have to create a situation where it measurably affected market value of property.  If you look at that property, it is very small.  If you are back there in the subdivision on the street you can’t see it as it is below the dam.  He seriously questioned if he was appraising a vacant lot for a house, he doesn’t know who would want a house below that body of water.  The bottom line is, to rezone it commercial, he does not see where it would create a situation where it would adversely affect the market value of the residential area of the subdivision.  Mayor Smith stated the original request was for B-4 but the Community Development Department did not recommend it.  They recommended only a B-1.  Councilwoman Perry said she drove out there and looked at the area and drove up the hill to see for herself what it would look like.  She said she denied a B-4 zone before and if this was for B-4 she would deny it again but it is not for a B-4.  Mr. Polizzi was asking about the area.  He said Mrs. Casciaro was requesting a B-4 for her entire property.  He was shown the map which shows only the area they are wanting rezoned to B-1.  He said that their community owns the lake and the community surrounds the lake.  They want to do whatever it takes to keep the lake beautiful.  The piece of property they are talking about is on the lake.  He said the pink parcel was up for rezoning and Councilwoman Perry stated the pink is not up for rezoning.  The yellow parcel is up for rezoning to B-1.  She said she denied it before because it was all of the property to B-4.  Mr. Polizzi said it was requested that the whole area be rezoned B-4.  Councilwoman Perry said they got what was the original request for the B-4 and not for the B-1.  Mayor Smith stated that the only part that was recommended was the yellow part for B-1.  Mr. Polizzi stated that they recommended the entire area at the hearing.  Planner Don Jemison stated that their recommendation was for that portion that Mrs. Casciaro has as rental property that is closes to the highway.  Their recommendation is in the packet along with a map showing what they recommended.  That was even denied by the Planning Commission.  They did not recommend what Community Development recommended.  Councilman Thomas stated that he understood it but he is not sure the property owners in the audience understand it.  Mayor Smith asked the Lakemont Subdivision residents if there was any compromise on just rezoning that small portion of land.  They indicated no.  Motion was made by Councilman Thomas duly seconded by Councilwoman Perry and unanimously passed by the Council to close the hearing.  Motion was made by Councilman Thomas duly seconded by Councilman Palmer and unanimously passed by the Council to not take any action until Councilman Harris was present.  This will give the property owners and all time to get clarification on the request.  (Copy of petition from residents of Lakemont Subdivision, copy of recommendation from Community Development staff, copy of packet of information from Attorney Robby Dreyfus.)

 

 

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

 

ORDER #14281       ORDER AUTHORIZING ADDITION OF A FULL-TIME CUSTODIAN

                                    POSITION IN THE MERIDIAN POLICE DEPARTMENT

 

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.

Nay:  None.

Absent:  Harris.

 

 

            Motion was made by Councilwoman Perry duly seconded by Councilman Palmer and unanimously passed by the Council to approve the claims docket dated March 13, 2008 in the amount of $2,465,671.26.

 

 

            President Henson called on Mayor Smith for his report.  He went over the procedures when digital TV will go into effect on February 17, 2009.  He stated that Meridian was just designated as a Preserve America Community by First Lady Laura Bush.  There were 14 new communities nation wide to receive this designation with 585 total in the nation.  He thanked Connie Royal, George French and Maureen Lofton for their efforts in applying for this designation.  The city will be able to apply for Preserve America grants.  Mayor Smith stated that he recently toured the work at city hall.  Some of the terra cotta on the northeast corner of city hall is being removed because the bracing has deteriorated.  There are 1500 pieces of terra cotta that will be replaced.  Some will be restored in place on the building.  Demotion to create the new elevator and new stair well is being done.  He introduced Bob Gray with the Disabled American Veterans.  Mr. Gray stated they would be holding their annual golf tournament on Friday, April 4th at NAS.  He asked the City Council to sponsor a hole for $200.00.  This item will be placed on the next agenda for approval.  (Councilman Thomas left the meeting at this time.

 

 

            President Henson called for council comments.  Councilman Palmer mentioned a couple of complaints.  Councilwoman Perry stated that there would be a Ward 2/District 2 meeting on April 22nd at 6:00 p.m. at Velma Young.  She encouraged senior citizens to sign up for the economic stimulus package.

 

 

            An executive session was requested regarding economic development.  Motion was made by Councilman Palmer duly seconded by Councilwoman Perry and unanimously passed by the Council to close the meeting to determine whether to declare an executive session.  Motion was made by Councilwoman Perry duly seconded by Councilman Palmer and unanimously passed by the Council to declare an executive session in order to discuss economic development.  The Council then went into executive session.  Motion was made by Councilwoman Perry duly seconded by Councilman Palmer and unanimously passed by the Council to go out of executive session.

 

 

            President Henson called the meeting back to order.  No action was taken regarding the executive session.              

 

 

            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