City board approves rezoning, engineering drainage study and DAC roof

Thursday, September 7, 2017

BRANDON HUTCHESON

The City of Dyersburg Board of Mayor and Aldermen convened Tuesday evening inside the Municipal Building courtroom. After the approval of minutes from the previous meeting (special called meeting held on Aug. 28), the agenda turned to new items of business, led by a public hearing.

The board held a public hearing concerning ordinance BB675, an ordinance to amend the Dyersburg Municipal Zoning Map to rezone properties near Court Street and Frank Maynard Road from R-2 (Medium Density Residential) District to B-2 (General Trade and Business) District. Mayor John Holden mentioned that the request had gone before the Dyersburg Municipal-Regional Planning Commission, where it was approved and recommended to the city board.

“I had a couple of citizens ask me today if I knew what it was being rezoned for,” said Alderman Mike Morgan. “I told them I did not. So, I went to Codes [city’s Code Enforcement Department] and I asked Mr. [Thomas] Mullins, and he informed me of the same thing. Pretty much said that they didn’t have to tell us. So, that’s what I told the citizens that contacted me.”

Mayor Holden mentioned that Rusty Norville of Civil Engineering Solutions was present, who addressed the board.

Norville mentioned that he was representing Frank Bryant.

“Their intentions are as you go up and down an arterial road like 104 highway - like you have at Highway 78, Millsfield Highway, and others where it’s common to have business zoning along a major arterial road like that, the adjacent zoning is M-2, which is light industrial – the intent is just to provide a nice transitional zone from an industrial zone to a residential zone,” said Norville. “They don’t have any immediate need, and user, or sight plans. It’s 5 acres and all he is trying to do is get his ducks in a row just in case there is some kind of interest where he wouldn’t have to go through the process of getting it rezoned. It would already be that way. They would love to bring some business to our community.”

“I raised a question at the last meeting when we called for a public hearing how this differed from a very controversial rezoning that we had some months ago when the use was not declared for us to consider,” said Alderman Bob Kirk. “It kind of became embroiled in the controversy because we didn’t know what was going in there. I guess this one is pretty much similar, or how is it different?”

“The purpose of zoning ordinances are that you have zoning designation and you’ve got permitted uses in that zoning district,” responded Norville. “So, I would say whatever is in that zoning district would be an allowed use. I think B-2 offers a softening transition, if you will, from an industrial to a [residential]. Also, in B-2 zoning you can do multi-family housing, duplexes, and things like that. You can do that in R-2. That is really the same, but he is probably looking at something commercial, whether it be retail or restaurant, grocery, who knows. I just know that this side of town is limited on the services. That’s his vision – maybe to bring some general trades and services, which is what B-2 is.”

Kirk stated that the former request he had been referring to, which was rejected by the Planning Commission, was similar in nature to the current recommendation.

“It was rejected by the Planning Commission because, as I understood it at the time, it was not noted what was going in there and who was going to develop it,” added Kirk. “The Planning Commission did not consider that at this request.”

Norville responded saying that the Planning Commission unanimously recommended approval by the Board of Mayor and Aldermen for the current request and that, “There was no indication because we didn’t have an answer.”

“I don’t think there was an answer on the last one,” said Kirk. “I don’t have a problem with it. I just think that we need to be consistent.”

Kirk then made a motion to approve the ordinance with a second from Alderman Kevin Chaney.

Mayor Holden then responded to Kirk’s reference, stating, “There were several alterations that occurred with that original rezoning request, if I remember. The first one was for a setback issue, to change the zoning. Then I think we were told it was for a retail business for the zoning designation. Then, I think the reason that the concern was the investment of the industrial park adjacent to it, the millions of dollars invested there. I think that is the difference quite honestly from that case and this case.”

With a motion and a second, the board voted to approve the ordinance.

Alderman and Street and Sanitation Committee Chairman Mike Morgan then read the minutes from Street and Sanitation Committee meetings held on Aug. 28 as well as Aug. 31.

He began with the Aug. 28 meeting.

During the Aug. 28 convening, he read that community member and resident of the Rolling Meadows subdivision Lynn Welch presented a 72-person signature petition to the committee to assist the neighborhood with storm water drainage. After discussion, City Storm Water and Construction Inspector Scott Ball suggested a survey and engineering study would be appropriate to determine any solutions to the drainage issues. The committee voted and approved Ball’s recommendation.

On Tuesday, Morgan made a motion to approve the study with a second from Alderman Robert Taylor Jr.

He also read about a discussion that was held concerning the recently constructed Dyersburg landfill cell.

The landfill was the only agenda item during the meeting held 3 days later on Aug. 31. Meeting with the committee and city staff were Hal Coffey and Kritt Albritton of Coffey Construction. The discussion resulted in no action being taken.

Alderman and Chairman of the Recreation Committee Terry Glover read the minutes from the joint convening of the city’s Recreation and Finance committees. During the meeting, City Purchasing Agent Greg Williams mentioned that the city had been reimbursed for damages sustained during the March 2017 storm and funds were now available to repair the roof at the Dyersburg Activity Center. Williams recommended proceeding with the roof repair with a bid from Frazier Roofing in the amount of $168,621. He also recommended replacing the HVAC equipment at a cost of $38,000, bringing the total bid price to $206,621. The Recreation Committee approved Williams’ recommendation.

On Tuesday, Glover made the motion to approve the new DAC roof bid with a second from Kirk. All board members voted in favor.

Glover finished the committee minutes noting that the dog park project was discussed as well as an update on the project in South Dyersburg/ River Park area was given.

Resolution 09052017 – Dyersburg, Tenn. for Grant Administrative Services - was presented before the board. Mayor Holden noted that it was for the THDA HOME Grant that the city was just awarded. The resolution requested that the city enter into a contract with Community Development Partners, LLC to provide grant administrative management services as required to implement the FY 2017 HOME Program Grant.

A motion to approve the resolution was made by Morgan with a second from Alderman Bill Escue. It passed with a full board vote.

Also presented was Resolution 09052017A – Dyersburg, Tenn. for Housing Inspection Services. The resolution would go hand-in-hand with the prior resolution; however, it would have the city enter into a contract with Cauthen and Associates to provide professional housing inspection services as required to implement the FY HOME Program Grant.

A motion to approve the resolution was made by Alderman Dennis Moody with a second from Escue. All board members voted in favor.

Report from Aldermen:

Bob Kirk:

Alderman Kirk mentioned that he had received calls Tuesday afternoon regarding Tennessee Highway Patrol troopers being in downtown Dyersburg.

“Apparently, they were issuing citations for violations of seatbelts,” said Kirk. “I didn’t know if we were overwhelmed or didn’t have adequate resources to be doing this today, but I think it’d be appropriate if either you [Mayor Holden] or the police chief [DPD Chief Steve Isbell] could write the colonel of THP and tell him how much we appreciate the assistance he’s gave us today and every day in helping us enforce our safety laws and ordinances in the City of Dyersburg.”

“OK, you want me to write that letter on your behalf or do you want the chief to write it?” asked Mayor Holden.

“Well, that will be fine,” responded Kirk. “Whichever one might be appropriate. Just to express my appreciation…”

“We’ll express your appreciation – We’ll do that on your behalf,” said the mayor. “We’ll send a copy to the newspaper as well. Be more than happy to do that, Mr. Kirk.”

Bill Escue: No report

Terry Glover: No report

Kevin Chaney: No report

Mike Morgan:

Alderman Morgan mentioned when he visited Somerville, South Carolina, he seen property that was to be rezoned with signs posted explaining when the property would be rezoned and to what zoning classification.

“I’m just wondering would that be good for us?” asked Morgan.

Thomas Mullins of Codes Enforcement answered by saying, “I think it’s an outstanding idea. A lot of folks don’t read the paper, or they don’t catch the classifieds where we put our ads. We can come up with some signs and post them on the notices at the beginning of the process, before it goes to the Planning Commission, and take them down after the city board approves or disapproves it.”

Morgan asked if the signs could have Mullins’ office number in case of questions, to which Mullins replied, “Sure.”