Answers sought for de-annexing 90 acres from city

State Planner Kim Morgan and City Attorney John Lannom each came to the same conclusion -- city subdivision regulations must be followed in order and the Planning Commission does not have the authority to postpone the requirements.

City Recorder Gleyn Twilla said both Morgan and Lannom found that current subdivision regulations of the city and Tennessee Code Annotated 13-7-201 both prohibit the organization from entering into contracts with developers for a subdivision until the utility infrastructure is in place or bonds are secured.

The opinion was in response to real estate developer Eddie Barnett's question.

"Under its current regulations, we do not believe that the Planning Commission is authorized to enter into the proposed contract which would waive the developer's present requirement for the construction of sewer lines and other infrastructure improvements until future conditions are met," stated a letter from the city attorney's office. "Likewise, we are of the opinion that the City of Dyersburg is also without authority to enter into such a contract inasmuch as the authority for planning is legally vested in the Planning Commission."

"That pretty much puts that question to rest," said Chairman Eddie Burks.

Members present at the meeting included Burks, Mayor John Holden, Brian Ramm, Sherri Guthrie, Tony Dement, Freeman Dudley, John Pressler and Michael Parr.

Also at the meeting, the commissioners heard a request from Judy Burks that the city de-annex 90 acres of their farmland adjacent to The Farms development, acreage that has never been developed.

"When our farm was annexed into the city 12 years ago, the year the golf course was built, the city denied annexing the property as it was developed because it wouldn't 'spot zone,'" said Burks. "We have 90 acres left. We want it to be de-annexed. We are asking that 90 acres go back into the county."

The board turned over the request to Morgan, who will investigate the matter in the same way she would an annexation, determining the land use and completing a cost-analysis for city services. She will present a report at the next meeting of the planning commission.

Burks said that she has already submitted a map to City Hall highlighting the affected property and showing an unannexed area surrounded by The Farms that has never been brought onto the city tax roll.

"I give my greatest respect and thanks to the planning commission," said Burks. "In the years I have worked with (the organization, there has been a) tradition of great support."

An update on a recent sign committee meeting, by chairman John Pressler and Morgan reported a clearer, more flexible sign ordinance with more options for business owners will most likely be presented at the next planning commission meeting. The next meeting of the sign committee will take place at 10 a.m., on Tuesday, Aug. 26.

"What's going to be so good with it is you are going to have a handout to give them right then, including definitions," said Burks. "The clarity is going to be much better than we have now. Believe it or not, there are going to be more choices for business owners -- like monument signs are not legal in Dyersburg right now, but when we get done, they will be. It's about getting clarity and definition."

Twilla requested that the commission approve two alleys to be closed in the vicinity of Phillips Street, a recommendation he said was a merely a housekeeping issue because the specific ordinances closing them have not been found at City Hall.

Pressler requested that Twilla notify residents whose property adjoins the alley before the next city board meeting to give them an opportunity to speak on the subject.

"If it makes you feel better, we will hand deliver notices to each of the four residents," said Twilla.

City Engineer Brad Davis reported on several projects he is currently working on, including requiring contractors to submit a completed checklist at the beginning of the project to streamline the review process and the status of the spec building and Sleep Inn.

Davis also updated the commission on a suggestion for the new Start to Finish building, located on St. John Avenue. The 12-acre lot, positioned just north of Lewis Creek, is in a bad position to connect with a gravity line to the city sewer system. Instead, the owners are proposing keeping a private septic tank and connecting to the city sewer system with an effluent pump.

"It's an unconventional way (of connecting to the city system)," said Davis, who said that he would not recommend it unless "private sewer" was stipulated on the platt.