REGULAR COUNCIL MEETING, TUESDAY, MARCH 5, 2002 AT 9:00 A

REGULAR COUNCIL MEETING, TUESDAY, SEPTEMBER 20, 2005 AT 5:30 P.M.

Meeting called to= order by Council President Palmer.

Present: Thomas, Perry, Henson, Palmer, Harr= is.

Absent: None.

The meeting was opened with prayer by Councilman John Harris and followed by the Pledge to the Flag.

Motion was made by Councilwoman Henson duly seconded by Councilman Thomas and unanimously passed by the Council to confirm the agenda for this meeting wi= th an amendment to: add as R-11 adoption of the FY 2006 budget; add as R-12 ordinance amending water & sewer rates; add as C-1A proclamation for Constitution Week; add an executive session regarding property acquisition.=

President Palmer advised of the notification of legal advertisement for the following= : a) equipment for 25 new police vehicles.

President Palmer called on Mayor Smith for his report. He commented on the help from citi= es across the U.S. to Mississippi. He will be at the U.S. Conference = of Mayors in California on Wednesday and wi= ll be discussion the situation in M= ississippi. He thanked Monty Jackson and his c= rews and the fire department for getting the streets cleared and thanked the pol= ice department for keep the public safe. Monty showed a map of the streets that have been cleared of debris.<= span style=3D'mso-spacerun:yes'> As of Monday the contractor had collected over 2700 tons. May= or Smith passed around a copy of Rod Cook Perspectives which had a feature art= icle on Meridian’s new parking garage.

Motion was made by Councilwoman Henson duly seconded by Councilwoman Perry and unanimously passed by the Council to approve the minutes dated August 24, September 02 and September 06, 2005.

Motion was made by Councilwoman Henson duly seconded by Councilwoman Perry and unanimously passed by the Council to approve the following proclamation to = be issued by the Mayor:

= S= eptember 17-23, 2005 – “Constitution Week”

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

ORDER #13571 ORDER DECLARING 1998 TORO MOWER, SERIAL

= &nb= sp; NO. 80237 SURPLUS AND NO LONGER NEEDED BY

= &nb= sp; THE CITY OF MERIDIAN AND AUTHORIZING SURPLUS

= &nb= sp; MOWER TO BE USED FOR PARTS

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, Har= ris.

Nay: None.

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

ORDER #13572 ORDER DECLARING 66 PAIRS OF UNIFORM PANTS

= &nb= sp; AND 65 UNIFORM SHIRTS SURPLUS AND NO LONGER

= &nb= sp; NEED= ED BY THE CITY OF MERIDIAN AND AUTHORIZING<= o:p>

= &nb= sp; THE DONATION OF SAID UNIFORM PANTS AND SHIRTS

= &nb= sp; TO THE POLICE DEPARTMENTS IN WAVELAND, LONG

= &nb= sp; BEACH AND BAY ST.<= /st1:Street> LOUIS, MISSISSIPPI

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, Har= ris.

Nay: None.

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

ORDER #13573 ORDER AUTHORIZING TRANSFER OF FUNDS TO

= &nb= sp; WESL= EY HOUSE CONCERNING PERSONNEL AND

= &nb= sp; OPER= ATION COSTS ALLOWABLE THROUGH

= &nb= sp; VICT= IM/WITNESS GRANT #3NW2222

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, Har= ris.

Nay: None.

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

ORDER #13574 ORDER ACCEPTING DONATION FROM THE M= ISSISSIPPI

= &nb= sp; DEPA= RTMENT OF PUBLIC SAFETY PLANNING OF A

= &nb= sp; STRI= ON FLASHLIGHT (SERIAL #66751) FOR USE BY THE

= &nb= sp; MERI= DIAN 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, Har= ris.

Nay: None.

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

ORDER #13575 ORDER DECLARING EQUIPMENT SURPLUS AND NO

= &nb= sp; LONG= ER NEEDED BY THE CITY OF MERIDIAN= AND

= &nb= sp; AUTH= ORIZING THE SALE OF SAID SURPLUS EQUIPMENT

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, Har= ris.

Nay: None.

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

ORDER #13576 ORDER AUTHORIZING THE ACCEPTANCE OF DEED

= &nb= sp; AND AUTHORIZATION OF PAYMENT OF BACK TAXES

= &nb= sp; AND THE PURCHASE OF PROPERTY IN CONNECTION

= &nb= sp; WITH THE CITY’S ACQUISITION/DEMOLITION PROJECT

= &nb= sp; IN THE NEW PROJECT PRIDE AREA

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, Har= ris.

Nay: None.

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

ORDER #13577 ORDER AUTHORIZING PURCHASE OF BOOSTER

= &nb= sp; STAT= ION FROM HYDRA SERVICE, INC., JACKSON,

= &nb= sp; MS IN THE AMOUNT OF $17,700.00

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, Har= ris.

Nay: None.

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

ORDER #13578 ORDER AUTHORIZING PURCHASE OF BACKHOE/

= &nb= sp; LOAD= ER FROM PUCKETT MACHINERY COMPANY,

= &nb= sp; MERIDIAN, MS IN THE AMOUNT OF $69,430.00

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

Yea: Thomas, Perry, Henson, Palmer, Har= ris.

Nay: None.

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

ORDER #13579 ORDER AUTHORIZING PURCHASE OF EXCAVATOR

= &nb= sp; WITH ROTARY BRUSH CUTER FROM PUCKETT

= &nb= sp; MACH= INERY COMPANY, MERIDIAN, = MS IN THE

= &nb= sp; AMOU= NT OF $231,952.00 WITH THE BUY-BACK

= &nb= sp; PROV= ISION ALLOWED UNDER SECTION 31-7-13(D)(I)

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, Har= ris.

Nay: None.

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

ORDER #13580 ORDER ACCEPTING THE BID OF NORMAN ENTERPRISES,

= &nb= sp; INC., MERIDIAN, MS FOR BUILT-UP ROOFS – WWTP IN

= &nb= sp; THE AMOUNT OF $78,499.00 AND AUTHORIZING EXECUTION

= &nb= sp; OF CONTRACT FOR SAID WORK

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, Har= ris.

Nay: None.

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

ORDER #13581 ORDER ACCEPTING THE BID OF DAVIDSON HAULING,

= &nb= sp; MERIDIAN, MS FOR GALLAGHER CREEK STABILIZATION

= &nb= sp; (19^TH STREET TO HIGHLAND PARK BRIDGE) IN THE

= &nb= sp; AMOU= NT OF $512,467.20 AND AUTHORIZING EXECUTINO

= &nb= sp; OF CONTRACT FOR SAID WORK

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

Yea: Thomas, Perry, Henson, Palmer, Har= ris.

Nay: None.

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

ORDER #13582 ORDER= TO CHARGE OFF INACTIVE AND UNCOLLECTIBLE

= &nb= sp; WATER ACCOUNTS FOR FISCAL YEAR 2004 IN THE

= &nb= sp; AMOU= NT OF $37,678.20

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, Har= ris.

Nay: None.

Next on the agenda was the request from Hudspeth Regional Center for a water rate reduction. M= otion was made by Councilwoman Henson duly seconded by Councilman Harris to appro= ve the water rate reduction. Discussion was held. Councilman Thomas stated that Hudspeth’s property bordered the city limits. If they would as= k for a friendly annexation of their property to be in the city limits then they would pay the same water rates as those inside the city limits, would have = fire protection and police protection. He does not feel the citizens of = Meridian should supplement water for Hudspeth. Voting Yea: Harris. Vo= ting Nay: Thomas, Perry, Henson, Palmer. Said motion failed due to the lack of a majority.<= /p>

Councilman Thomas offered and moved the adoption and passage of the following Resoluti= on:

RESO. #5277 &= nbsp; &nbs= p; RESOLTUION APPROVING AND ADOPTING THE AMENDED

= &nb= sp; BUDG= ET FOR THE CITY OF MERIDIAN FOR THE FISCAL

= &nb= sp; YEAR ENDING SEPTEMBER 30, 2005, AND DIRECTING THE

= &nb= sp; CITY CLERK IN REFERENCE THERETO

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

Yea: Thomas, Perry, Henson, Palmer, Har= ris.

Nay: None.

Councilwoman Henson offered and moved the adoption and passage of the following Resoluti= on:

RESO. #5278 &= nbsp; &nbs= p; RESOLUTION DESIGNATING APPLICANT AGENT

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

Yea: Thomas, Perry, Henson, Palmer, Har= ris.

Nay: None.

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

ORDER #13583 ORDER RATIFYING EXTENSION OF EXISTENCE OF

= &nb= sp; A LOCAL EMERGENCY FOR SEVEN (7) MORE DAYS

= &nb= sp; FOR THE CITY OF MERIDIAN

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, Har= ris.

Nay: None.

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

ORDER #13584 ORDER RATIFYING EXTENSION OF EXISTENCE OF

= &nb= sp; A LOCAL EMEREGENCY FOR SEVEN (7) MORE DAYS

= &nb= sp; FOR THE CITY OF MERIDIAN

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

Yea: Thomas, Perry, Henson, Palmer, Har= ris.

Nay: None.

Councilman Thomas offered and moved the adoption and passage of the following Resoluti= on:

RESO. #5279 &= nbsp; &nbs= p; RESOLUTION AUTHORIZING THE EXECUTION OF A

= &nb= sp; FUND= ING AGREEMENT BETWEEN THE CITY OF = MERIDIAN

= &nb= sp; MISSISSIPPI, THE LAUDERDALE COUNTY ECONOMIC

= &nb= sp; DEVE= LOPMENT DISTRICT, AND THE LAUDERD= ALE COUNTY

= &nb= sp; BOARD OF SUPERVISORS

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

Yea: Thomas, Perry, Henson, Palmer, Har= ris.

Nay: None.

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

ORDER #13585 ORDER SUSPENDING REQUIREMENT FOR WATER

= &nb= sp; SERV= ICE DEPOSIT TO EVACUEES OF HURRICANE

= &nb= sp; KATR= INA

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, Har= ris.

Nay: None.

Motion was made by Councilwoman Henson duly seconded by Councilwoman Perry and unanimously passed by the Council to approve the claims docket dated Septem= ber 15, 2005 in the amount of $2,739,889.88.

Councilwoman Henson offered and moved the adoption and passage of the following Resoluti= on:

RESO. #5280 &= nbsp; &nbs= p; RESOLUTION APPROVING AND ADOPTING THE

= &nb= sp; BUDG= ET FOR THE CITY OF MERIDIAN FOR THE

= &nb= sp; FISC= AL YEAR ENDING SEPTEMBER 30, 2005, AND

= &nb= sp; DIRE= CTING THE CITY CLERK IN REFERENCE THERETO

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

Yea: Thomas, Perry, Henson, Palmer, Har= ris.

Nay: None.

Councilwoman Henson offered and moved the adoption and passage of the following Ordinanc= e:

ORDIN. #4274 = AN ORDINANCE TO AMEND SECTIONS 25.40 AND

= &nb= sp; 25.41 OF THE CODE OF ORDINANCES, THE CITY

= &nb= sp; OF MERIDIAN, TO REVISE VARIOUS RATES FOR

= &nb= sp; WATER AND SEWER SERVICE

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

Yea: Thomas, Perry, Henson, Palmer, Har= ris.

Nay: None.

The hour of 6:00 p.m. having arrived, the hearing as called for in Resolution N= o. 5271 regarding the rezoning appeal by Nan Casciaro was opened with motion by Councilman Thomas duly seconded by Councilwoman Henson and unanimously pass= ed by the Council. Sr. Planner D= on Jemison appeared first to give an over-view of the process. He stated that in May, 2005 the Pl= anning Division of the Community Development Department received a rezoning application from Ms. Nan Casciaro requesting rezoning of two residential st= ructures (1105 and 1107 Myrtle Drive) to B-4. He indicated the property on a map which showed the zoning of the surrounding property. Ms. Cas= ciaro requested that the B-4 (regional business) be extended to her property. She has an existing retail sales b= usiness which is an antique mall across the street where she sells antiques and candles. According to her application, she wants to expand her business by relocating the candle sales function to 1107 Myrtle Dr= ive and bookkeeping to 1105 My= rtle Drive which is also her residence. She claimed and change in neighbor= hood character and public need as the reason for the rezoning and she requested = to extend the existing B-4 zone down to cover her property. The matter came before the Planning Commission for a public hearing on May 25, 2005 at which time Ms. Casciaro presented her rezoning case. Lakemont Civic Improvement Association led by Mr. Francis Polizzi to= ok opposition to the rezoning case and presented a petition containing 77 signatures in opposition of the rezoning from R-1A to B-4. The Planning Commission voted to t= able this pending consideration of conditional rezoning by both parties. In June, 2005 they met with Ms. Ca= sciaro and went over conditional zoning. Conditional zoning is where the zoning can go forward with some conditions such as elimination of uses that may be considered undesirable by the surrounding property owners. A Regional Business District contains a lot of uses. It is not a very restrictive comme= rcial zone. Some of the uses they o= bjected to probably couldn’t go in there anyway because of distance requireme= nts to a residential zone. They t= alked to Ms. Casciaro and she was agreeable to conditional zoning. Lakemont Civic Improvement Associa= tion did not agree to conditional zoning. They were contacted and asked to meet with the city’s planning staff and Randall Gaither met with them on June 23^rd and went ov= er conditional zoning and other options available. The consensus was they were going = to continue opposing rezoning. Planning prepared an analysis on the case. The Planning Commission took the m= atter up again on July 26, 2005. Ms. Casciaro presented her case and she had several people to speak for her. She had some hand-outs for the mem= bers of the Planning Commission. T= he Lakemont Civic Improvement Association was represented by Mr. Polizzi again= as well as other people from Lakemont. Planning went over their staff report. They recommended a compromise whic= h was rezoning the property to B-1. The planning staff recommended that just the 1107 Myrtle Drive property be rezon= ed from R-1A to B-1. They felt t= his was helping the applicant and had the least affect on the surrounding neighborhood. Subsequently the Planning Commission recommended that the property be rezoned to B-1 (profes= sional business district) which is the most restrictive commercial district. This is the first zone in which an antique shop could be permitted. On August 2^nd the Planning Division received an appeal from the Lakemont Civic Improvement Association signed by Mr. Polizzi appealing the Planning Commission’s decision. The City Council set a public hearing date on August 16^th= to be held September 20^th. Councilman Thomas asked if anyone had checked the signatures on the petitions to see where they live. Mr. Jemison said the petition from Lakemont had mostly people from t= he Lakemont area. In most cases = it was couples signing the petition and the addresses were consistent with the str= eets in Lakemont. Councilwoman Per= ry asked if parking had any bearing on rezoning. Mr. Jemison said that was taken in= to consideration in their recommendation.&nbs= p; Off-street parking has to be provided and it appeared that there is enough space around the property for parking immediately in the front of th= is particular location. The park= ing requirements for this type of facility is not that great. Councilwoman Henson asked if the restricted rezoning ever included a reverter clause where the property can = go back to the original rezoning or if it stays. Mr. Jemison said it does not go by ownership it goes with the land. There can be a reverter clause that if nothing happens within a year= it goes back to the original zoning. That is a condition that came in a ruling from the Attorney General = that conditional rezoning was needed in the State of Mississippi. This is one of the conditions give= n in that there be a time limit. T= hat was offered as a part of their recommendation also. If this is rezoned and nothing has changed then it reverts back to an R-1A zone. Councilwoman Henson asked if that = had anything to do with the sale of the property. Mr. Jemison said no. Councilman Palmer asked about a di= stance requirement. Mr. Jemison stat= ed that nothing in this case would require a distance. There is a requirement on a rezoni= ng when is appealed but it takes a simple majority from the Council to rezone = the property. City Attorney Bill Hammack stated it was a 3/5 majority and that is taking in objectors within= 160 feet of the affected area. Co= uncilman Thomas asked how their recommendation of B-1 zoning is not considered spot zoning. Mr. Jemison said ther= e are two things that make a spot zoning – the size and compatibility. They feel a B-1 is more compatible= at this location than a B-4 would be. This would be a transitional zone and they have had other rezonings = come before the Council that did this. Councilman Thomas asked Attorney Hammack what he would consider spot zoning. Mr. Hammack said spot zoning is incorporated in the articles of threshold standards that have to = be met, Section 1500.03 – the change has to be consistent with the comprehensive plan; must fall within one of the use or residential density categories indicated on the comprehensive plan; if the development proposal= is not consistent with the plan map, the zoning administrator makes that call = to the council; and if the applicant’s property for rezoning falls adjac= ent to a district having the desire zoning classification, the rezoning proposal may be determined to be consistent as an extension of the adjacent property= ’s zoning classification. He sai= d he thinks that is what is going on here. Mr. Jemison said they found it not in conflict with the comprehensive plan. Mr. Hammack said it wou= ld not be spot zoning then. Councilw= oman Perry asked if the section they are recommending be rezoned to B-1 was the = red house. Mr. Jemison said he be= lieved the house was red, it is right on the corner at 1107 Myrtle Drive. He said Mr. Hammack can go over so= me of the legal considerations they want to consider on this case. Mr. Hammack said the materials the= City Council received in their packets should be entered into the record. They were marked Exhibit “1”. Mr. Jemison = stated CAO Storms asked him to go over the uses in a B-1 zone to give the Council = and the public an idea of what can go in there. B-1 is a professional business dis= trict and includes: florist shop, antique shop, gift shop, professional offices, single and multi-family residences. He said there were not a lot of uses in a B-1 zone – it is very restrictive. B-4 on the other= hand would include all uses in B-1, B-2, B-3 and B-4. B-1 is more neighborhood oriented = than a B-4. Mr. Hammack said another= thing they will need to consider from a legal standpoint is considering the presentation made by both sides, the applicant (the one requesting the rezoning) has the burden of proof and that must be by clear and convincing evidence that it meets the criteria to establish a zoning change. Those appearing to speak were: (1) Nan Casciaro (1105 Myrtle Drive): She is applying for rezoning of the property at 1107 Myrtle Dr= ive which is next door to her home. She prepared a packet for the Council members which was passed out by CAO Storms and was marked as Exhibit “2”.= She said on page 1 is the map the city planning board drew up. It shows where there are residenti= al and commercial zones. Three corne= rs of Highway 145, Hamilton Aven= ue and Myrtle Drive are commercial. She is using = the red house now for storage. Pa= ge 2 is a map showing the streets and where the lake is and Lot 16 which is in the corner. Th= is shows how many houses are close to her.&nb= sp; There are none around the lake.&nbs= p; She is the only two houses going down Highway 145. The map shows the antique mall, the tennis court and swimming pool and a used car lot next to the antique mall. Page 3 is an aerial view showing the location of her property. Page 4 is a picture from the back of the red house and it shows how = far away the house is from the lake. The dam to the lake is probably 20 to 30 feet high. Nowhere from her property can she = see the water, all she sees is the dam. Her candle business is her main reason for trying to obtain this rezoning. Page 5 is a picture= of her display at the Missis= sippi Welcome Center. They let her display her candles there. She is the only approv= ed manufacturer in Meridian to be approved by= the State of Mississippi to have a display. She can go= to any of the welcome centers and put up a display. Before she came to buy the antique= mall, she did not buy the property that is owned by the Hamilton Estate. She bought the business only. Due to health problems she started buying across the street because she needed to get closer to her work. Before she came there she was in n= orth Meridian. For 22 years she had a home there = and an antique shop. They cleaned up= both corners, got rid of drugs, drug dealers and the house she moved into was a bankrupt with a tree laying on it. The red house had an alcoholic living in it. Both houses were so bad they had to fumigate them, but them and remodel them.&= nbsp; It took them about 8 months to get these houses fixed up. They started out with 10 booths. She rents space to different deale= rs all over Mississippi and Alabama who come in and she sells their merchandise. They now have 30 dealers and she needs space. = She has an outside shed but she cannot put any more furniture outside because it gets destroyed. She has to go= out and tarp and cover everything whenever there is a threat of a hurricane. She needs a place to put this merchandise. She said if she = could get across the street with her candle business it would give her more room. She asked the City Coun= cil to approve her rezoning request. It has been approved by the Planning Commission and Zoning Commission. She is not trying to go across the= street and put in some kind of a joint. She cleaned the place up and she wants to keep that end of town look= ing good. It is to her advantage = and the city’s advantage to make it look good. (2) Peggy Harmon (3000 38^th Street): She i= s a dealer at Nan’s antique mall. She has seen what Nan has done to improve the property. The property on the corner was horrible as was the house she lives in. She said Nan has a great job in improving the property and does a great job in bringing business into the city. When = they had the garage sale/antique show in the spring, people from all over came i= nto their little store. People st= ill come in and it draws a lot of people off the Interstate into Meridian. They spread the word about Meridian. She asked the Council to put the r= ed house in the proper zoning to make it commercial as the other corners are.<= span style=3D'mso-spacerun:yes'> (3) Robyn Ivy (220 E. Church Street, Clarke County): She has a booth at the antique mall. She said she hopes the Council makes a good conscience decision to support this because Meridian needs th= is. The city needs the people coming i= n and they need a place to see their antiques and collectibles to the people of <= st1:City w:st=3D"on">Meridian and thos= e off the interstate. (4) Gaile Cul= pepper (6000 Galilee Road): She is Ms. Casciaro’s accountant and has been since she opened in December, 2001. When Ms. Casc= iaro purchased the business she had just a few dealers. She has taken it from 5 dealers up= to 30 dealers, has developed her candle business from just a few candles to where= she ships all over the country. M= s. Casciaro has just run out of room. They have discussed other locations where Ms. Casciaro could go but there really isn’t another location with a close proximity to the interstate. There is convenie= nt parking and it is a good location. If she has more room she can stock inventory and her dealers would h= ave more space to put some larger pieces in their booths. Ms. Casciaro has invested close to $200,000 in the property she has purchased and it is a shame that she will = not be able to use it in a way to help the city and the state with additional s= ales taxes. (5) Margaret Dulaney (= 5805 Windsor Circle): She and her daughter are both rent= ers at the antique mall. It would gr= eatly enhance their business if they had room to put some large pieces of furniture. Right now they are= only able to have small items. Hav= ing larger pieces of furniture would help draw more people off the interstate.<= span style=3D'mso-spacerun:yes'> She feels like it would give them a different clientele and would help them all in the long run to make more money. (6) V. Denise Temple (= 9802 Mt. Carmel Road, Bailey): She is a vendor at t= he antique mall. She considers t= he antique mall her part-time job. She works for the state and if Nan had to cl= ose the antique mall for lack of space she would lose her part-time job. She would like for Nan to have the extra space so they could have larger items. They are cramped for space and if = they had that extra building they could have bigger items. With bigger items you can make more money than off the small items. She said she hopes the Council will consider allowing her to have this extra sp= ace so they as vendors can have larger items to make more money. (7) Rick Fazel (815 South Myrtle Drive): He has two= major concerns. He said Nan is a great business lady and has a booming business there. He drives past her place twice a d= ay and there is always business there because she has good products. He is not knocking her for that. His first concern is the house she= wants to use has no parking there. = There is a small drive-way with room for 2 vehicles and you can’t get in or= out without having to have someone move their vehicle. If she is going to put furniture in there then there is not enough room. His second concern is her property touches that lake and so does his house. There is already an ey= e-sore in the neighborhood – a swimming pool and tennis courts all fenced in= to keep kids from getting in there. If someone falls in the lake or is traumatized by falling in the lake, he as a homeowner is liable to be sued. The Lakemont Association can also be sued, and the City of Meridian can be sued. Those are his two major concerns &= #8211; lack of parking at that house and the liability of the back of her property touching the lake and the liability. He does not think he should have to get more insurance so she can be= in business. He does not think t= he Association should have to buy fence material to fence that lake off. (8) Frank Polizzi (715 Elmwood Drive): He stated he is a resident of Lake= mont and represents Lakemont Civic Improve-ment Association. This organization is comprised of homeowners and residents of the Lakemont Subdivision. A small yearly fee is paid by memb= ers to maintain the lake and provide insurance against liabilities. This association was formed when residents had the opportunity to attain Echo Lake which has a long history in= Meridian. Since it’s inception, the pr= imary 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 this small community are members and thereby part owners of Echo Lake. They value Ms. Casciaro as a neigh= bor and as a member of their association and applaud the improvements she has m= ade to the property in question. = He said he had to point out that all improvements were residential in nature.<= span style=3D'mso-spacerun:yes'> Her decision to apply for rezoning= is for business purposes and will adversely affect the residents of Lakemont Subdivision. The fact that it= is for business purposes was greatly attested by all the people who have spoke= n on her behalf. Ms. Casciaro also alluded that the home at 1107 was some kind of a crack house or drug house.= This property was owned by Mr. Paul Broadhead previously. Develop= ment of this property may complicate traffic on Myrtle Drive which is the main entr= ance to Lakemont. The buildings on= both lots of the proposed property face Myrtle Drive and parking is very limited. The planning department sites the proximity of this property to other commercial property on Highway 145 South. While geographically i= t is on a commercial corner it faces Myrtle Drive and not Highway 145 South like the other commercial properties on the other three corners. This property faces Myrtle Drive which is the residenti= al part of the neighborhood. Furthermore, due to the natural border separating this property from= the highway and the fact that it is in a flood zone prevents future development which would allow improvements that would permit highway access like the ot= her property that has been sited. Business property on this street would be disruptive to say the least. He asked each member o= f the Council to take into consideration the needs of their quaint residential community. While Meridian has brought all around their subdivision with everything from restaurants to motels to super discount stores, they have managed to maintain a diversified family environment with= in Lakemont Subdivision largely due to the distinct seclusion of their subdivision. He said they respectfully requests that the Council helps them conserve their residential status and vote against rezoning of Myrtle Drive. (9) Alan Randall (5= 025 Zero Road): He said he has been an antique dealer with Na= n for the last 2 ½ to 3 years and has seen her business grow and increase. She started with a = little bit of nothing and has advanced to a great booming business. It is his opinion as a dealer that= it would enhance the business as well as those coming into the City of Meridian and havi= ng some place to go. The antique mall= s are limited in Meridian and he believes that s= ince Hurricane Katrina has made her debut, that they have had several evacuees w= ho plan to stay in the Meridian are. He believes it would be a great enhancement for the City of Meridian to ap= prove this B-1 zoning which will restrict what can come in to this property and w= ill enhance Nan’s business as well. (10) Dana Gearhart (609 Elmwood Drive): He said that th= ere are dozens of vacant commercial properties in Meridian that would be ideal for this business. There is a chronica= lly vacant building just one door away from her and is probably better than her little house. He said he wishes her = well in her business but he does not want it to encroach on the residential area they have there. (11) Loletia= Soule (Lakemont resident): She said she was born in Meridia= n, grew up here and lived here for 20 years then moved to the coast for 51 yea= rs and came back to Meridian. She has seen many residential area= s that have allowed business to come in and then it ruins the residential area. Ms. Casciaro does have a successful business there but there are vacancies on 22^nd Avenue that would w= elcome her business. She knows it is= much harder to move than to expand where she is. She said she would like to see the= ir neighborhood stay a nice quiet residential area like it is. Councilman Hammack stated that as = the Council the application again the applicant has the burden of proof and that proof is clear and convincing evidence.&nb= sp; The ordinance requires the Council to consider the proof given under= the following review standards (and some would not be applicable to this situat= ion): whether the existing land use pattern will change or possibly increase or overtax the load on public facilities such as schools, utilities, or street= s; whether the existing zoning district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; whether changed or changing conditions made the passage of the proposed rezoning necessary; whether the proposed change will adversely influence living conditions and/= or property values in the neighborhood; whether the proposed change will creat= e or excessively increase traffic congestion or otherwise affect public safety; whether there are substantial reasons why the property cannot be used in accordance with existing zoning; whether there is evidence of a mistake in = the original zoning due to a clerical error or due to overzoning for a land use classification; whether there is evidence of a public need for a rezoning in the proposed location; and whether the proposed change is speculative; ther= e is a convincing demonstration that all uses permitted under the proposed distr= ict classification would be appropriate in the area included in the proposed ch= ange (and Mr. Jemison has gone through those in a B-1); there is convincing demonstration that the character of the neighborhood will not be materially= and adversely affected by any use permitted in the proposed change. This is in section 1500.03 in the Code. The State Supreme Court authorities’ criteria one is incorporated in the zoning ordinance = 211; whether there is a mistake in the original rezoning which is not an issue h= ere or the character of the neighborhood has changed to the extent to justify t= he reclassification and the second part of that is there is a public need for rezoning. Those are the crite= ria which the Council must use to evaluate the application for rezoning. Councilwoman Henson asked if it was every one of those or some. M= r. Hammack said some don’t apply to that particular situation and obviou= sly the proof is the recomme