City may appeal court decision

Shelbyville's city council will vote Thursday on whether to appeal a ruling to the Tennessee Supreme Court that involves a change in zoning laws.

The city lost an appeal last month with Norma and Tommy Wright, Wright Paving Co. Inc. and Custom Stone LLC, who claimed the city did not give adequate notice of a change in zoning laws they say impacted their property.

The Wrights had sued the city, the city council and planning commission over a proposed rock quarry which was turned down for approval in January 2005.

Summary judgement was granted in December 2008 in favor of Shelbyville by Judge Lee Russell, who found that the ordinance in question complied with all public notice requirements.

However, a decision filed by the Tennessee Court of Appeals at Nashville ruled that the city's published notice in regards to the 2004 zoning change "failed to provide reasonable notice to landowners that their property may be affected" and found the notice to be insufficient.

As a result, the ordinance the council passed in 2004 was declared invalid by the Court of Appeals.

The ordinance in question would have created an I-3 zone for industrial use. At the time, Shelbyville only possessed two industrial zones -- I-1 and I-2. Mining and quarrying activity was allowed as a conditional use in the I-2 zone.

According to city attorney Ginger Shofner, the city has 60 days to appeal the court's decision and until they make a decision, the city is "in limbo" on how to deal with any applications that the Wrights may make in regards to a rock quarry, if they choose to do so.

The city will begin interviews next week for the job of planning director, the council was told.

According to city recorder Betty Lamb, seven applications for the position have been filed, and several "looked real promising."

Four of the applicants "have quite a bit of experience," Lamb said.

Kip Green, who had previously held the job, suddenly resigned in September. Former city manager Ed Craig was supposed to take over Green's duties following his departure, however, the city manager's forced resignation in October left the planning and codes department without direction.

The day-to-day functions of the department are currently being overseen by public works director Mark Clanton, since he is familiar with the city's subdivision regulations.

The city will also vote to remove Craig as a trustee on the city's 401K plan. Mayor Wallace Cartwright will also make an appointment for Interlocal Solid Waste Authority representatives to replace Craig, who served on that board.

Advertisements to replace Craig were also placed this week, Lamb said.

Clanton asked the council for permission to correct a drainage problem on Bird Street that would cost around $2,100 and is in the city's budget, but he was told by council members to wait until spring to start work on a curb and gutter project on Dot Circle that would cost $8,000.

The Dot Circle project is also in the city's budget.

Lt. Pat Mathis of the Shelbyville Police Department asked the council Tuesday for permission for a radio upgrade. Mathis said Shelbyville police are at a point "where we have to wait to get on the radio" since they share a frequency with the Bedford County Sheriff's Department.

The police department does have their own channel, but the repeater will not cover the entire city limits, Mathis explained. Using the radios in the patrol cars are fine, but the use of walkie-talkies are another matter.

The department have received a Byrne Grant of $28,000 to pay for the improvement, which would upgrade all the equipment. The department will have to complete a $600 licensing fee with the state and the Federal Communications Commission and Mathis was asking the council's permission to pay for the fee.

Recreation director Sylvia Pinson also asked for permission to sign a three-year contract with Pepsi, announced a 25 percent discount on full membership at the recreation center for January, and requested permission to buy basketball backboards for Central Memorial Gym.

The city council will hold its regular meeting Thursday at 6 p.m. in the courtroom in the Shelbyville Police Department.