Questions arise over de-annexation request

Shelbyville's planning commission deferred action on a de-annexation request until next month Thursday night so that research could be conducted to see if the piece of land is actually within the city limits.

The de-annexation request was for a 25.66 acre parcel on U.S. 41A North between Grand Station Boulevard and Poplar Ridge Road currently zoned C-2 (commercial) and owned by Don Bruce.

Planning and codes director Ed Dodson said three property owners surrounding Bruce's land are not requesting to leave the city, and city planning staff is recommending against de-annexation.

Seeking answers

But Bruce said according to information from the county tax assessor's office, his property is actually outside the city.

"So, who's right?" Bruce asked. "The assessor, or you?"

Dodson said that the city's Global Information System shows the land is "clearly in the city limits." He also consulted with Shelbyville Power, Water and Sewer and said John Freeman told him Bruce's parcel and the three other adjoining lots are in the city as well.

However, Bruce claimed he also went to the power company and was told while property owners there receive electric service from the city, they are doing so as out-of-city customers.

Chairman Morton Renegar said that research needs to be done to learn exactly what the situation is with Bruce's property before they could make a decision.

"Somewhere down the line, somebody dropped the ball on this," the chairman said.

Taxes or not?

Bruce also explained he sold one of the tracts to a family member, who had recently sold it and claimed that no city taxes had ever been paid on the lot.

City manager Jay Johnson said the planning commission is charged with overseeing the long term growth of Shelbyville and asked how a de-annexation would benefit the community.

Bruce, who said he's owned the land since 2003, said he can't sell the lots in five-acre tracts because there's no sewer service and the cost to have it put in would be prohibitively high.

Johnson said he wasn't pointing fingers, but said it was possible an annexation ordinance was passed but the land was never recorded to the property tax assessor. Another possibility is that the map is wrong and Bruce's land is not in Shelbyville.

Closer looks

Renegar also asked the commission to think about planning for the land surrounding the new Shelbyville bypass.

Another topic he asked the commission to consider is how to address the International Property Maintenance Code, which has been adopted by reference by the city.

Members said that many of the code's requirements are causing problems, and city attorney Ginger Shofner stated that the commission could make any changes to the code they wished.

Johnson also noted that the city's subdivision ordinance needs to be reexamined, since some items seemed to contradict each other. He said it would only require some minor changes.

Other business

In other business, final plat approval was granted for James Farrar, who had requested a minor subdivision final plat for 211, 213, 217, 219, 223 and 225 Eagle Blvd., making up 7.39 acres east of North Hillcrest Dr., which is currently zoned C-2 (commercial) to be subdivided into eight parcels.

The planning commission also elected its officers for 2012, reelecting Renegar as chairman, making Warren Landers the vice-chairman and city recorder Vickie Haskins as secretary.

City council meets

Following the planning commission meeting, Shelbyville City Council met in executive session with attorney Terri Ricks to discuss the ongoing lawsuit with Wright Paving over a refusal to allow a rock quarry inside the city.

Attorney Mary Byrd Ferrara has left the law firm she was with and will no longer represent the city in this case. The case began in 2005 and was moved to federal court in 2010.