REGULAR COUNCIL
MEETING, TUESDAY, APRIL 01, 2008 AT 9:00 A.M.
Meeting
called to order by Council President Henson.
Present: Thomas, Perry, Henson, Palmer, Harris.
Absent: None.
The meeting was opened with prayer
by Parks & Recreation Director Mark Naylor and 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
amendment to the claims docket.
Motion was made by Councilman Thomas
duly seconded by Councilman Palmer and unanimously passed by the Council to
approve the minutes dated March 18, 2008.
Motion was made by Councilman Thomas
duly seconded by Councilman Palmer and unanimously passed by the Council to
approve the following proclamations to be issued by the Mayor:
April 2008 –
“Keep America
Beautiful Month”
April 16,
2008 – “Healthcare Decision Day”
April 2008 –
“Autism Awareness Month”
March
30-April 5, 2008 – “Boys & Girls Club Week”
April 2008 –
“National Child Abuse Prevention Month”
April 2008 –
“National Sexual Assault Prevention Month”
April 13-19,
2008 – “National Crime Victims Rights Week”
Councilman Thomas offered and moved
the adoption and passage of the following Order:
ORDER #14282 ORDER CONFIRMING THE RE-APPOINTMENT BY
THE MAYOR OF
DAVID
STEPHENS TO THE MERIDIAN
PLANNING COMMISSION
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, Harris.
Nay: None.
Councilman Thomas offered and moved
the adoption and passage of the following Order:
ORDER #14283 ORDER CONFIRMING THE RE-APPOINTMENT BY
THE MAYOR OF
BRAD WOODALL
TO THE MERIDIAN & BONITA
LAKES DEVELOP-
MENT
AUTHORITY
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, Harris.
Nay: None.
Councilman Thomas offered and moved
the adoption and passage of the following Order:
ORDER #14284 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, Harris.
Nay: None.
Councilman Thomas offered and moved
the adoption and passage of the following Order:
ORDER #14285 ORDER DECLARING ITEMS SURPLUS AND NO
LONGER NEEDED
BY THE CITY
OF MERIDIAN AND
AUTHORIZING SAID SURPLUS
ITEMS TO BE
DESTROYED
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, Harris.
Nay: None.
Councilman Thomas offered and moved
the adoption and passage of the following Order:
ORDER #14286 ORDER DECLARING 2006 FORD CROWN VICTORIA, SERIAL
NO. 2FAFP71W96X117707,
CONTROL NO. 153-36 SURPLUS
AND NO
LONGER NEEDED BY THE CITY OF MERIDIAN
AND
AUTHORIZING
SURPLUS VEHICLE TO BE TURNED OVER TO
THE
INSURANCE COMPANY
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, Harris.
Nay: None.
Councilman Thomas offered and moved
the adoption and passage of the following Order:
ORDER #14287 ORDER AUTHORIZING TRANSFER OF FUNDS TO
WESLEY HOUSE
CONCERNING
PERSONNEL AND OPERATION COSTS ALLOWABLE
THROUGH
VICTIM/WITNESS GRANT #06NW2223
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, Harris.
Nay: None.
Councilman Thomas offered and moved
the adoption and passage of the following Order:
ORDER #14288 ORDER AUTHORIZING CONTRIBUTION IN THE
AMOUNT OF
$200.00 TO
THE DISABLED AMERICAN VETERANS (GOLF
TOURNAMENT)
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, Harris.
Nay: None.
After stated that there was clear
and convincing evidence that there has been not substantial change in the
neighborhood, Councilman Harris offered and moved the adoption and passage of
the following Order:
ORDER #14289 ORDER DENYING REQUEST OF NAN CASCIARO TO RECLASSIFY
CERTAIN
LANDS IN THE CITY OF MERIDIAN
FROM DISTRICT R-1A
TO DISTRICT
B-1 (VICINITY OF HWY 145 AND MYRTLE
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, Harris.
Nay: None.
Councilman Harris offered and moved
the adoption and passage of the following Resolution:
RESO. #5509 RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF MERIDIAN,
MISSISSIPPI, GRANTING
TAX EXEMPTION FROM AD VALOREM
TAXES TO MERIDIAN COMMUNITY COLLEGE AS AUTHORIZED
BY SECTION
27-31-1(D) 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, Harris.
Nay: None.
Councilman Palmer offered and moved
the adoption and passage of the following Order:
ORDER #14290 ORDER AUTHORIZING THE EXECUTION AND
SUBMISSION OF
HOMELAND SECURITY STATE
PREPAREDNESS GRANT AWARD
#S5HS258R
APPLICATION BETWEEN THE OFFICE OF HOMELAND
SECURITY AND
THE CITY OF MERIDIAN
and,
Councilman Harris seconded the motion, whereupon said Order was discussed,
passed and adopted by the Council by a vote as follows:
Yea: Thomas, Perry, Henson, Palmer, Harris.
Nay: None.
Councilwoman Perry offered and moved
the adoption and passage of the following Order:
ORDER #14291 ORDER AUTHORIZING THE EXECUTION OF
CONTRACT BETWEEN
SPEC. RESCUE
INTERNATIONAL AND THE CITY OF MERIDIAN
(COLLAPSE STRUCTURE
TECHNICIAN COURSE)
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, Harris.
Nay: None.
Councilman Harris offered and moved
the adoption and passage of the following Order:
ORDER #14292 ORDER AUTHORIZING THE EXECUTION OF
SERVICE AGREEMENT
BETWEEN
WASTE MANAGEMENT AND THE CITY OF MERIDIAN
(MERIDIAN
HOUSEHOLD HAZARDOUS WASTE DAY)
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, Harris.
Nay: None.
Councilwoman Perry offered and moved
the adoption and passage of the following Resolution:
RESO. #5510 RESOLUTION AUTHORIZING
THE SUBMISSION AND EXECUTION OF
A GRANT
APPLICATION FOR DOMESTIC VIOLENCE, INVESTIGATION
&
PROSECUTION WITH THE STATE OF MISSISSIPPI,
DEPARTMENT OF
PUBLIC
SAFETY, DIVISION OF PUBLIC SAFETY PLANNING
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, Harris.
Nay: None.
Councilwoman Perry offered and moved
the adoption and passage of the following Resolution:
RESO. #5511 RESOLUTION AUTHORIZING
SUBMISSION OF LETTER/APPLICATION
TO STATE
FARM INSURANCE FOR PURCHASE OF CHILD SAFETY
SEATS FOR
THE MERIDIAN POLICE DEPARTMENT
and,
Councilman Harris seconded the motion, whereupon said Resolution was discussed,
passed and adopted by the Council by a vote as follows:
Yea: Thomas, Perry, Henson, Palmer, Harris.
Nay: None.
Councilman Harris offered and moved
the adoption and passage of the following Order:
ORDER #14293 ORDER AUTHORIZING ADDITION OF A FIRE
DEPARTMENT TRAINING
OFFICER TO
THE MERIDIAN FIRE DEPARTMENT PERSONNEL
ALLOTMENTS
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, Harris.
Nay: None.
Cheri Barry, executive director of
the local chapter of the Red Cross, appeared before the Council regarding her
request for a contribution to the Red Cross to help with the restoration and
completion of the new veteran’s resource facility. She went over the programs that they will
provide to veterans in the area. After
discussion, Councilman Thomas offered and moved the adoption and passage of the
following Order:
ORDER #14294 ORDER AUTHORIZING CONTRIBUTION IN THE
AMOUNT OF $40,000
TO THE
AMERICAN RED CROSS TO HELP FACILITATE THE RESTORA-
TION AND
COMPLETION OF THE NEW VETERANS’ RESOURCE FACILITY
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, Harris.
Nay: None.
The hour
of 9:15 a.m. having arrived, the hearing as called for regarding rezoning case
#RZ-08-03 (Steven & Jaynice Neely and others zoning appeal) was opened with
motion by Councilman Thomas duly seconded by Councilwoman Perry and unanimously
passed by the Council. City Planner Don
Jemison appeared before the Council that this is an appeal of rezoning case
#RZ-08-03 – Steven and Jaynice Neely and others. This matter came before the Planning
Commission at a special meeting. The
Planning Commission recommended denial of the request. The Hardin Foundation intends to purchase the
property from the Neely’s and put up an office building. This is a change from single-family R-1 to
business B-1. The Hardin Foundation,
through their attorney Ronnie Walton, appealed this case to the City
Council. Councilman Thomas asked Mr.
Jemison to explain the difference in the zonings. He stated that R-1 is single family
residential district and now the only single family residential district. The city combined the districts together a
little over a year ago. This is the most
restrictive district in the city. A B-1
is a combination of RB-0 and B-1 which were combined and it is the most
restrictive commercial district. It is
far less restrictive than R-1 which is the most restrictive. City Attorney Bo Bailey stated that he wanted
to remind the Council that the burden of proof to support the rezoning is on
the applicant. They must prove by clear
and convincing evidence that (1) there was a mistake in the original zoning or
(2) the character of the neighborhood has changed substantially so that
rezoning is clearly justified and tat there is a public need for the rezoning
of the property. Those who signed up to
speak during the public hearing were as follows: (1) Jaynice Neely [4204 23rd Avenue and 215 Brock Avenue,
Quitman] – She read a passage from the Phil Hardin Foundation Booklet: The
Importance of Place – a foundation does it works in a place. Mr. Hardin was a Mississippian and all of us
in the foundation are residents and citizens of that state. Mississippi,
therefore, is the place that shapes and forms the work of the foundation. Her father, Eugene Vinson, purchased this property
many years ago. He was a pilot in the
Air Force and served in the Korean War and World War I and returned to Meridian and built his
bachelor pad which is the double garage apartment that you see on Poplar Springs Drive. Obviously it is an emotional issue for
her. He met her mother and they lived on
the property. Later she bought the
property from her mother. The woods in
the back are so thick that she can only go out there in the winter. Later trees were removed because of beetles
getting in them and Hurricanes Katrina and Rita destroyed some more. The most beautiful part is not seen from Poplar Springs Drive,
it is further back. Her husband went in
and cleaned up the debris she explained and that is the part you can’t
see. Recently the Phil Hardin Foundation
representative approached them to purchase this property. She thought for a few days while she
prayed. Today she believes the Phil
Hardin Foundation has the best possible plan for this land. She was skeptical about what it would do to the
neighborhood and to the property itself.
As most of the Council knows, the Phil Hardin Foundation has an
incredible track record for giving to Mississippi
and our community. Their reputation to
give and support education in ways that none of us would ever be able to
do. They have given her their word that
they only want to build their foundation an office building and no other
building on this property. The building
will have only one level and an area for parking large enough for staff and
visitors. They will remove the building
that stands now and it will be a beautiful building. She said she knows they have an incredible
piece of property but with every blessing there is a responsibility. She wants them to know that as the present
owner she highly respects this piece of property and her neighbors. She said she knew there was a petition in the
first meeting, and without getting into too much detail, she also took a
petition around that stated that in order for the construction to take place,
the property must be rezoned. The
proposed rezoning for a restrictive B-1 zone would allow it to be used for only
single family/business office purposes.
No other permitted uses in a B-1 zone would be allowed and the proposed
rezoning would automatically pass back to the present R-1 zone if the Phil
Hardin Foundation failed to make substantial progress in the development of the
property within one year. The reason
this is so important is it is important what the neighbors think about this not
what she things. Obviously she loves the
property for emotional and sentimental and also looking at the beautiful
property, the pine trees and the like.
She wanted them to know that she has a neighbor Nathan Hardy who is immediately
across the street who signed the petition.
She said the Council could see a picture of the house that stands and a
picture of the house the Foundation wants to build and only what they want to
do. There have been a lot of rumors
going around and she didn’t want to go into that. Mrs. Vivian Valentine Fulton and her husband,
Sam Fulton, wrote and asked that she read her letter – “Because we are working
at the polls we are missing the meeting.
It is our belief this action would be good for our community and we
support it. Blessings to you all.” The next thing is a petition that went around
and has been discussed (the one by Mr. Jeffares) saying that their experience
is no change in the current use and it has been no change in the R-1 neighborhood
nor is it an over- whelming public interest, etc. Ann Watkins signed it. She said she went to her and explained that
all they were asking for and no more but a very specific change. She feels zoning is a fence, perhaps a better
fence but it is one that is still binding and is important today as the one
that sits there right now and it is this.
Zoning is to make good neighbors, it is a fence. Good neighbors, good fences – everybody knows
their place but sometimes for the good of everyone including the property and
everyone’s wishes. She had a neighbor
who said they just didn’t want them to cut those trees, they hate to see them
cut those trees or whatever. She said
she was sure there was going to be some change to that property but by far
unless there was anything else she could do with that property when and if she
sells it would change. But, the Phil
Hardin Foundation, with their great reputation and their work, she stands there
saying that to her as a property owner it is the best use of this property on Poplar Springs Drive. Everyone she talked to said they like the
plan, they like this organization, they like how the land would sit – they like
the plan of Phil Hardin. They have more
people who signed but she didn’t want to get further into that. The most important thing she wanted to say is
it would be a good investment in the city because it’s going to be about three
acres of well kept, well maintained piece of property that would have a real
good reputation. She just wanted to say
that. She said she respected their
decision today whatever it will be but she heartfully asked them to consider
all the matters of this procedure. (2) Bob
Jeffares [3800 23rd
Avenue] appeared and stated he lives in the
neighborhood and is representing many people who are not able to be there
because they work. They contend that
there has been no change in the character of the neighborhood. The best example he can come up with is a
piece of property that is probably 300 feet from the proposed rezoning area
that was struck by a tree during Hurricane Katrina and burned to the
ground. An adjacent property owner
wanted to buy the property so he could have access to his backyard, but before
he could another property owner bought the property, demolished the destroyed
building and built a single family unit on the property. This is a vital neighborhood. When houses come up for sale in the
neighborhood they are sold to single families.
They contend there has been no change in the character of the
neighborhood. This is what their
contention is, this is what their problem is with this. Because the law is even and you cannot be a
respector of persons, someone’s stats in the community, it should apply to
everyone in the community equally. If
the Phil Hardin Foundation is allowed to rezone this property and encroach into
this single family neighborhood, any piece of property that joins to, that
touches this piece of property, you could come to the zoning committee and say
there must have been a change in the character of the neighborhood, you said so
when you provided this for the Phil Hardin Foundation. In doing so you admit there had been a change
in the character of the neighborhood. You
did it for them, now do it for me. There
is nothing at all, there is no leg to stand on.
In his opinion rezoning this would open up Polar Springs Drive, he thinks all the
way to 34th Street. I would open up 43rd Street and there are two
houses there. Any property that touches
it which would come all the way across to 23rd, all that property
touches this piece of property. Again,
you are orchestrating a change in the character of the neighborhood by doing
this. That is not what the law
states. The law states there has been a
change not we will mandate a change.
There are many people who are against this. He circulated a petition when they went to
the original rezoning and he sent the Council a copy of it. It had about 75 names on it. Frankly, he got tired of knocking on doors. There were many people against it. He said he sent the Council a letter that had
an aerial photograph in it. He showed
this photograph and said it represents the people who are opposed to it. These are the neighbors and that is the white
area that is the proposed location so you can see the proximity of it. There have been some thoughts that not everyone
on this petition lives in this immediate neighborhood. He tried to stop at his neighborhood. He did not circulate this all the way down
through Northwood. He tried to more or
less knock on doors of the people who would be affected with this potential
rezoning, where the potential rezoning would be across the street or next door
neighbors. He asked if they wanted an
attorney’s office next door, if they wanted other office space next door. Again, there were 75 people, or there about,
that were against it. The middle page
has 26 names on it. These are
principals, teachers and staff at Poplar
Springs Elementary
School.
They are opposed to it. Poplar
Springs Elementary has a full time librarian, his wife. The reason they have a full time librarian
there is it has over 500 students. The
precedent they would set by taking residents out of the single family
neighborhood would potentially decrease the number of students at that school. Once that school drops to below 500 they will
no longer be mandated by the stated law to have a full time librarian. Many schools in the Meridian Public
School District are going
to part time libraries. They would not
be able to utilize the library like they do.
They contend that this has the potential to be detrimental. Lastly, there are people in their community,
him being one of them, who are concerned about what they see as the erosion of
the downtown area. When you drive
downtown you see vacant lots on every corner.
The Phil Hardin Foundation has ample space in the commercial area. All the area where they are currently located
is zoned commercial. Who will rebuild on
these lots if it is not a commercial entity.
No resident is going to go down there and build a single family
residence in that neighborhood, it is zoned commercial. If not Phil Hardin, who will it be. This is an opportunity for the Phil Hardin
Foundation, if they choose, to relocate to shore up the downtown area to build
a facility much like the others – to build a landmark facility in that area to
help shore up the area. That is the
place for it. (3) Steve Neely [4204 Poplar Springs Drive
at 215 Brock Avenue,
Quitman] appeared and stated he wanted to make their petition a part of the
record. His wife and he got a copy of
Mr. Jeffares petition last week. They
started their petition drive last Thursday.
They are both nurses and work 12 hour shifts and don’t have a lot of
time. They have about 40 names as they
were out of town over the weekend and got their petition in about two or three
days. He said Mr. Jeffares said that he
wanted to be sure the neighbors in this area were not for this. Their petition is the neighbors across the
road to the north, south and west. An
over-
whelming
majority are in favor of the Phil Hardin project. He got a copy of Mr. Jeffares petition and
when he looked through it he has a lot of names, about 70. Of that 70 names, how many are actually on Poplar Springs Drive? Two names.
You look at has there been a change.
That is the biggest thing to look at today. From what he understands they have to prove
that the neighborhood has changed.
Looking to the south there is Poplar
Springs Baptist
Church. He does not know the exact numbers, but in
the last couple of years the Church has bought two or three homes on the corner
and torn them down. Those homes are no
longer there. To the north of the Church
they bought the house and turned it into a fitness center. Then, you have two houses between their
property and the Church. Mrs. Vick, a
neighbor of theirs, is an elderly lady who had to go to a nursing home. No kids whatsoever go to the school and this
should not affect the school at all.
When you go north of this property there is Mrs. Oliver’s home. He thinks she passed away a few years ago and
that is now rental property. He thinks
the Coats bought this home. Councilwoman
Perry said she is living in Jackson
now. Mr. Neely said he thought she had
passed away. On the other side of the
street there is a dental office and a rental property and Trinity Presbyterian. Trinity Presbyterian has a day care or
something they operate out of there. To
the south of Poplar Springs there are offices and things like that. When you look at a change in the
neighborhood, Phil Hardin isn’t requesting a change, they want to do the same
things that are going on there. What
they are proposing to build, Poplar Springs is a major thoroughfare from north
to south Meridian. What they are going to do is take a vacant
garage apartment, remove it and put in a beautiful building that is not going
to do anything but enhance the appearance of this neighborhood. Mr. Jeffares brings up a lot. This zoning area is not the entire block, it
is one particular area there. The lot he
is talking about is behind this property on another road. That lot remained vacant. Becky May, a good friend of theirs, her
parents owned this piece of property. It
remained vacant for a while and they did not think they would ever sell
it. Finally someone did come in and buy
it. The Phil Hardin proposal is not
going to affect the overall change of the neighborhood in a negative way. What it is going to do is put a beautiful
building there that will enhance the neighborhood. To say there has been no change in the
neighborhood – his daddy used to plow with mules. The mules had blinders so he could go in a
straight path and not right or left. To
say there has been no change, someone would almost have to have blinders. All of them have seen the homes disappear. They have seen the changes the Church has made
which are positive things in the neighborhood.
The owners of these homes there are 60+ years of age and some of the
people have moved out because of health issues, so the neighborhood is
changing. What they want to do with this
change is enhance the neighborhood. This
is a chance to do something positive and put a nice structure here – or do you
want to go on with things as usual. He
thinks this is going to be a positive addition to the neighborhood. All the neighbors that they have spoken to on
all sides (not just two) have been in favor of this change. He said he would like to make their petition
a part of the record. He asked if anyone
had questions. Councilwoman Perry asked
him if he said some of the neighbors on Mr. Jeffares’ list signed his list. Mr. Neely said yes. One of the things he found with petitions is
tat petitions can be only as good or as bad as the person presenting them. If he had had time they could have gotten a
number of names. In talking to some of
the people that Mr. Jeffares talked to signed their petition. He put a lot of weight in petitions but you
can make a presentation that can influence people a lot of ways. He presented their petition to the Clerk of
Council. (4) Gina Clay [4111 Poplar Springs Drive]
appeared and states she lives directly across the street from the proposed
zoning change. She also owns 4109 Poplar Springs Drive
and her daughter currently lives in that house.
She also works at 4540
Poplar Springs Drive and has been in the
neighborhood for 21 years and has watched a lot of changes take place. Mr. Cermack’s property was bought and changed
to Allstate. She has watched Poplar Springs
Baptist Church
tear down houses and make parking lots.
Across the street they took a residential home and made it into a health
and fitness center for the Church. The
change as brought in front of them is a visual plus to the neighborhood. It is a beautiful building and she thinks it
will only enhance their neighborhood.
They don’t see any detrimental affects in the area across the
street. (5) Attorney Ronnie Walton [1806 36th Street] appeared on
behalf of the Phil Hardin Foundation. He
asked that the staff report dated January 15, 2008 be made a part of the record
and the color photos presented to the Planning Commission be made a part of the
record. He also asked that a letter from
Sylvia Autry, Superintendent of the Meridian
Public School system, be
made a part of the record also. As he is
sure they are aware, the Phil Hardin Foundation is an educational foundation
that was created by Mr. Phil Hardin as part of his estate. It exists to improve education for Mississippi
children. For that reason they think it
is particularly appropriate that they have the opportunity to become part of
the neighborhood where Poplar
Springs Elementary
School exists.
Mr. Jeffares spoke and mentioned that his wife is the librarian and that
allowing a non R-1 use would have some affect on Poplar Springs
Elementary. The letter he has from
Sylvia Autry shows that this is not the case.
The fact that you have a school population above or below 500 has no
impact at all on whether the Meridian Public Schools will have a full time
librarian there. He wanted to get that
issue out of the way to begin with. The
Hardin Foundation has entered into a contract with Jaynice Neely to purchase
2.6 acres of property located directly across from Trinity Presbyterian Church
and it’s intended use of that property is to tear down the existing garage
apartment (the first color photograph) that has been there for as long as he
can remember. What they want to replace
that garage apartment with is something that will look like the second color
picture he presented to them. That is a
picture of the residence of the Chancellor of the University of Mississippi
that has been cropped a little. The
Chancellor’s residence is a whole lot bigger than they can afford to
build. They want to build something that
is a residential single floor of Greek Revival residence structure that will
have a carport. The Hardin Foundation
has a staff that consists of two people who go to the Hardin Foundation office
each day to do their work. The Hardin
Foundation board meets once a month and is composed of eight to ten board
members who will be over there and there will be sufficient parking for
them. Other than that, there is very
little if any traffic to the Hardin Foundation property. The third picture is their current office
which is located on 24th
Avenue just south of 20th Street. It was an historic residence in Meridian and owned b the Marshall family. The Hardin Foundation bought it and converted
it to an office probably about ten years ago.
As the Council can see, that is the condition that they maintain the
property. They want to be a good neighbor. It is a beautiful facility. He said that if they are curious as to why
they don’t want to say there, it is a two story facility and the lower part of
the property requires walking up some steps.
Their board members are getting old enough that they need to be on a single
level. They are trying to accommodate
that. The contract hey have entered into
with Jaynice Neely is contingent upon them being able to use the property for
what they want to use it for. The
current R-1 zone does not allow for it to be used for that. You have Poplar Springs
Drive Baptist
Church to the south which
is allowed to use their property for church purposes in that R-1 zone. In the last four to five years, certainly no
more than ten years, the Baptist
Church has acquired
adjacent property and most recently the one immediately south of the Church and
has torn that building down. There is no
longer a single family residence there.
If you go south of there that is where the Old Poplar Place apartments are and of
course there is Poplar
Springs Drive
Methodist Church
on the SW portion of this property. You
have a service station that has been there since a pre-dated time ahead of the
zoning ordinance that is across the street on the SW side also. As you head north towards this property, and he
asked the Council to take judicial notice of what these properties are used for
as indicated by the map that is attached to the professional’s staff report to
them. The property in the same block
immediately across the street from Poplar
Springs Baptist
Church was Billy Melton’s
old house. It has been torn down and is
now a parking lot. The property
immediately to it was single family residence that is being used as a fitness
center by the Church. The other two
properties are single family residence properties. The proposed rezoning includes not only the
property the Phil Hardin Foundation desires to purchase but two other
properties owned by the Masseys and the Willises. They join a B-1 district and he asked them to
take judicial notice of the fact if you go up Poplar Springs Drive to where
commercial development has encroached and you look at all the single family
residences that run from just north of 46th Street down to 43rd
Street, all but one of those properties on the east side of the street have
been converted to some use other than single family residences in the 32 years
he has been back home. On the west side
of Poplar Springs Drive again moving from the intersection of 46th
Street south, you have Mrs. Brookshire’s house that is a single family
residence but everything from that point south on the west side down to 43rd
Street has been converted to some other use than single family so it is beyond
argument that the character of the neighborhood is changing. B-1 as the original petition was presented to
ask to be rezoned would allow uses that frankly the Hardin Foundation would not
want to have take place on this property.
So for that reason, they are not asking the Council to change this to a
B-1. They are asking them to change it
to a restrictive B-1 zone that would allow only single family residences and
professional offices to be used on the property. Furthermore, they are asking them to put the
owners, Hardin Foundation, to use the property as they say they are going to by
conditioning any change to require them to make substantial progress on that
development within one year or if they fail to do that it automatically
converts back to what it is. He
submitted that by doing that it create, they are going to be a permanent
neighbor out there, it would create a buffer between the existing B-1 zone that
they would abut up to and the R-1 zone that exists immediately to the east and
to the south. Their property that they
have contracted to buy is bordered on the West by Poplar Springs Drive and to the east by
unopened 24th Avenue. Again, he just wanted them to know about any
adverse affect on the school is an incorrect statement. (6) Lee Vinson [1401 23rd Avenue & 3315
North Hills Street] appeared and stated this is a very hard thing for her to
stand up and say she wants to sell or her family wants to sell to Phil
Hardin. That property has been in their
family since 1941. When her husband came
back from the war his father built that apartment out of lumber from the trees
on the property. There is still virgin
timber on that land. During the course
of time there is a lot of property that belongs to the Vinson family including
the Wrangler Furniture building which was condemned and she had to sell it as
she did not have the money to restore it.
It is a good building now. All
through the years since 1963 she has been interested and she is a property
owner. To protect your property is like
protecting your family and she has a wonderful family. She is so proud of Steve. He has worked so hard. When she hears things against the Hardin
Foundation it goes against her heart because her dream is she wants to see that
property for Phil Hardin and she wants to see the Vinson property for a Ronald
McDonald’s. If it happens in this town,
you can put on her gravestone that Lee Vinson is very happy. She hopes that the Council will understand
that this is a beautiful city and it did not get there without changes and it
is not going anywhere further without changes.
It breaks her heart to see any building come down and it is going to
break her heart to see that building come down as it was her honeymoon
place. Not only that, but the wood on
the inside is from that property and it is beautiful to her. She wanted to stand up and let them know that
she would fight this tooth and nail, it wouldn’t happen if it wasn’t for a
great and wonderful foundation. She
asked the Council to please consider her heartfelt thanks if they do vote for
this. (7) Ruby Robinson [4109 23rd Avenue]
appeared and stated she has lived there for 40 years. Their property is on 23rd Avenue on this block and
joins this property. Their backyard
backs up to this property. The corner of
her property joins Michelle & Carey Smith’s property and also joins Tony
Sansone’s property. A lot of the
problems have not been addressed that this is going to create if this zoning is
changed. This is a beautiful block on 23rd Avenue
and they have wonderful neighbors. A lot
of them have been there for a long, long time.
If you will drive by her home right now you will see the beautiful
flowers and how well it is kept and how pretty it is. If you are going to change this zoning where
this property is, there is a hill. Tony
Sansone’s property is in a little valley.
There is a ditch back there and this ditch runs to Michelle &
Carey’s corner and runs the full length of her backyard. She has fought this water for a long
time. The water runs down hill. The water in the Northern Hemisphere runs
counter clockwise. Since the Baptist Church, up on the corner, put in the
asphalt parking lot it has gotten worse.
When you start paving asphalt parking lots and concrete, the water is
not going to soak in the ground any longer.
It is going to go somewhere and it is going to come on them. She can spend tons of money and bank this
ditch up and pour some concrete but it is going to go somewhere. It is going to back up on Michelle &
Carey Smith. It is going to back up on
Tony Sansone and you are going to create a big pond back there. There are a lot of problems that people
haven’t thought about that this is going to create. It is a beautiful neighborhood and if you
want to see what it is going to look like when you start putting commercial and
office buildings in there from 43rd Street to 40th
Street, go down 23rd Avenue to the High School and on into town and
you can see the difference. It is not
too attractive. So, you are running
people out of the city by just creating this sort of problem. (8)
Robert Ward [1801 43rd
Street] stated he yielded his time and therefore
did not speak. Motion was made by
Councilman Thomas duly seconded by Councilwoman Perry and unanimously passed by
the Council to close the hearing.
Councilman Thomas stated that the Hardin Foundation is a great group of
people who do a lot of tremendous things.
He does not think there is any question about that. Petitions make the people who sign them feel
good. The Council does no know who
signed them, what they were told or anything.
He said he signed one a few years ago at National League and found out
they changed the top of it before it went to Congress. So, petitions for or against, they are nice
to have. The Hardin plan for this
facility is a very positive plan. It is
a nice looking building. Will it affect
the schools – he doesn’t think it will.
Will it affect the traffic – he said maybe about 10 minutes once a month
it may affect the traffic. Does the
house look good that they plan to build – yes.
Could you do a conditional zoning with that stipulation – yes, but you have
to finally make a zoning decision one way or the other. The conditions run out and you have to be at
that point. Have the churches in that
area changes – yes they have. Churches
are unique organizations. We supposedly
have separation of church and government but in fact we don’t. We treat churches differently than we do
other organizations (whether that is good or bad). He stated that based on what has been said
there today he does not see any reason to overrule what the Planning Commission
has said. He moved that based on the
lack of support for any other change, that there is a public need and a change
in the character of the neighborhood, he does not see any reason to overrule
what the Planning Commission stated so he moved to affirm what the Commission
did. The Clerk of Council asked him if
he was making a motion to deny the zoning.
He said yes and Councilwoman Perry and Councilman Harris seconded the
motion. Councilwoman Perry said she made
the second on the motion first and when she looked at the petition she saw a
total of only six names of people who live on Poplar Springs Drive. There were a lot of names who were as far
away as 39th Court
on both petitions. She does not think it
is fair for people out of the neighborhood to say what should be in that
neighborhood. She supports the Planning
Commission only because of the fact. She
said she would love the see the Phil Hardin Foundation right where they said. It did make a lot of sense about the
water. She stated she supported Councilman
Thomas’ motion. Councilman Palmer said
he was slightly confused. He said he was
looking at the Planning Commission vote and it was a tie vote. Councilman Thomas stated a tie vote did not
support the zoning change – it was not a support. Councilman Palmer said he feels it should go
back to them to make a decision as they are the experts on this. Councilman Harris said they are strictly
advisory. Councilman Palmer said they
were split and someone was not there.
Councilman Thomas said he was opposed to the rezoning based on what he
heard that day. Councilman Palmer asked
how many people are on the Planning Commission.
Don Jemison said there were nine members and only six were present and
there was a tie vote so the motion failed.
Councilman Palmer said he felt it should be remanded back to the
Planning Commission for them to give a clear cut decision. Councilwoman Perry said she withdrew her
second to the motion and wanted to offer a substitute motion that they send it
back to the Planning Commission so they can give a clear ruling based on the
evidence that they heard which was not new because it is all in writing. Councilwoman Perry said she withdrew her
second so she could make another motion and she withdrew her motion. Councilman Harris said his second to
Councilman Thomas’ motion stood. He said
it is nothing against the Phil Hardin Foundation. He said he talked to people who live right
next to this property and they don’t want it changed. Changes happen in churches and he doesn’t
think you can relate this to a change in the neighborhood. That area is a special area to a lot of
people and he thinks it is an area that needs to stay intact. Councilman Thomas stated that when they
consider zoning they don’t consider personalities. That is not the purpose of a zoning
decision. They are considering the
property and the law. That is what they
consider. Who owns the property or who
wants to buy the property is irrelevant to their decision. Several years ago the federal government got
into the idea that they would eminent domain property for private
development. He has a real concern with
that. How far do they go with the
government deciding to take property for private development. Who the people are is not the question. The question is not who is going to be
there. The question is not what kind of
building they are going to put there. To
him that has no effect. The question is
should they rezone the property based on what they heard there that day. That is all they consider. What he has heard does not support changing
the property. Council President Henson
said they are part of the appeals process.
Their job is to listen and determine just now what they are about to do
and they are ready to vote. Councilman
Thomas offered and moved the adoption and passage of the following Order:
ORDER #14295 ORDER DENYING REQUEST OF STEVEN AND
JAYNICE NEELY
AND OTHERS
TO RECLASSIFY CERTAIN LANDS IN THE CITY
OF MERIDIAN FROM DISTRICT R-1
TO DISTRICT B-1 (4204-4208
POPLAR SPRINGS DRIVE)
and,
Councilman Harris seconded the motion, whereupon said Order was discussed,
passed and adopted by the Council by a vote as follows:
Yea: Thomas, Perry, Henson, Harris.
Nay: None.
Abstain: Palmer.
Motion was made by Councilman Palmer
duly seconded by Councilman Harris and unanimously passed by the Council to
approve the claims docket dated March 27, 2008 in the amount of $1,452,201.75
with an amendment to add Blanket Purchase Order No. 804383 in the amount of
$856,220.80.
President Henson called for the
Mayor’s report. CAO Ken Storms said that
the Mayor was in Washington
D.C.