MINUTES OF

CITY COMMISSION MEETING

MONDAY, FEBRUARY 12 2007, 5:30 P.M.

CITY HALL, PIGEON FORGE, TENNESSEE

Mayor Chance called the meeting to order with the following in attendance: Vice Mayor Sexton, Commissioner Reagan, Commissioner Brackins, Commissioner McClure, City Manager Teaster, City Recorder Clabo, City Attorney Gass, Public Works Director Miller, Community Development Director Jagger, members of the press and interested citizens. 

            Mayor Chance opened the meeting and Commissioner McClure led in the pledge of allegiance.

PUBLIC HEARING NO. 1

Mayor Chance opened the public hearing to receive public comments regarding the proposed rezoning of certain property located along Sharp Hollow Road , owned by Smoky River Development Corporation (Jess Davis) from R-1 (Low Density Residential) to R-2 (High Density Residential).

Jess Davis stated that the property should allow for approximately 500 units according to engineers.

There being no other comments received, Mayor Chance closed the public hearing.

REGULAR MEETING

            Mayor Chance opened the regular meeting and presented the minutes of previous meeting for approval.

            The minutes were unanimously approved following motion by Commissioner McClure and second to motion by Commissioner Reagan.

            The authorization for the payment of bills was unanimously approved following motion by Vice Mayor Sexton and second to motion by Commissioner Brackins.

ORDINANCE NO. 817 to amend the zoning map of Pigeon Forge, Tennessee by rezoning certain property located along Sharp Hollow Road, owned by Smoky River Development Corporation (Jess Davis) from R-1 (Low Development Residential) to R-2 (High Density Residential) was presented for the second reading.  On a motion by Commissioner McClure, second by Commissioner Reagan and with all voting “aye” the ordinance was approved on the second reading.

ORDINANCE NO. 819 to establish non-refundable meter deposits in Title 18 of the Municipal Code was presented for the second reading.  On a motion by Commissioner Brackins, second by Commissioner McClure and with all voting “aye” the ordinance was approved on the second reading.

ORDINANCE NO. 820 to amend the zoning map of Pigeon Forge, Tennessee by rezoning certain property located along Chapel Way off of Wears Valley Road, owned by Tom Marsh from R-1 (Low Density Residential) to R-2 (High Density Residential) was presented for the first reading.  On a motion by Vice Mayor Sexton, second by Commissioner McClure and with all voting “aye” the ordinance was approved on the first reading.

Approval of bid on 72 inch out front deck zero turn mower from Sevier Farmers Cooperative for parks and recreation was presented for approval.  Parks and Recreation Director Wilbanks stated that four bids had been received but the lowest bid did not meet specifications.  Wilbanks recommended the second lowest bid from Sevier Farmers COOP at a cost of $13,022.52.  On a motion by Commissioner McClure, second by Commissioner Brackins, it was unanimously approved to accept the bid as presented.

Approval of bid on replacement of cedar shakes on trolley shelters was presented for approval.  City Manager Teaster presented and explained that McCarter’s Lumber Company was the low bidder.  On a motion by Vice Mayor Sexton, second by Commissioner Brackins, it was unanimously approved to accept the bid as presented. 

Approval of complete capital request (3 parts) to replace #9 drive unit for wastewater treatment plant was presented for approval.  Martin Cross discussed the replacement of drive unit on #9 clarifier.  He recommended the low bid from Siemens at a cost of $17,800.  Martin next stated that labor/services on replacement of drive unit on #9 clarifier was presented as a sole bid from Southern Constructors, Inc. at a cost of $24,700.  Martin also stated that the pump rental for flow diversion was being recommended to Hertz service Pump and Compressor at a cost of $3,030.  On a motion by Commissioner McClure, second by Commissioner Brackins, it was unanimously approved to accept the bids as presented.

Approval of bid on conduit for McCarter Hollow Road project was presented for approval.  Public Works Director Miller stated that four bids were received and he was recommending the low bid from Wholesale Supply at a cost of $23,113.63.  On a motion by Commissioner Brackins, second by Commissioner Reagan, it was unanimously approved to accept the bid as presented. 

Discussion and approval of Memorandum of Understanding for Settlement for Smoky Mountain Sales, LLC was presented for approval.  Attorney Scott Bergthold presented the agreement and stated that he recommended the settlement.  Mr. Bergthold stated that the business would be allowed to open at its current location but that it would comply with city laws and times for operation of state and city.  It was noted that adult merchandise inventory should be less than 30%, the current signage at the location would be acceptable, and there would be no adult merchandise shown in any display window.  Mr. Bergthold further noted that the present lawsuit shall be stayed until August 8, 2007 after which the business agrees to voluntarily dismiss its lawsuit and relinquish its claim for damages.  On a motion by Commissioner McClure, second by Commissioner Reagan, it was unanimously approved to accept the settlement agreement as presented.

Discussion and approval of Mutual Release and Settlement Agreement between Brent Collier and Douglas Advertising was presented for approval.  City Attorney Gass stated that this would allow Mr. Collier to relocate sign and would not be a deviation from what council has already done in past.  On a motion by Commissioner McClure, second by Commissioner Reagan, it was unanimously approved to accept the settlement agreement as presented.

ORDINANCE NO. 821 to amend the zoning ordinance of City of Pigeon Forge, Tennessee concerning sexually oriented businesses was presented for the first reading.  Attorney Scott Bergthold discussed the ordinance stating that a city could not prohibit a sexually oriented business but could classify where a business is located.  The ordinance deals with where the business can be located.  Mr. Bergthold generally spoke of the negative impacts that other cities have encountered.  The rationale is that this type of business can have adverse secondary effects and that the reason to rezone is to keep a business from impacting other businesses.  On a motion by Commissioner McClure, second by Commissioner Brackins and with all voting “aye” the ordinance was approved on the first reading.

ORDINANCE NO. 822 to amend the zoning map of Pigeon Forge, Tennessee by rezoning certain property located along Ridge Road, Cain Hollow Road and Rainbow Road from R-1 (Low Density Residential) and C-2 Tourist Commercial) to M-1 (Industrial) was presented for the first reading.  On a motion by Commissioner Brackins, second by Commissioner McClure and with Vice Mayor Sexton and Commissioner Reagan voting “aye” the ordinance was approved on the first reading.  Mayor Chance abstained from voting.

Approval of grant monies agreement in the amount of $855,903 with Tennessee Department of Transportation for purchase of four (4) to six (6) trolleys, van, etc. for trolley department was presented for approval.  Public Transportation Director Marine discussed that originally it was thought that grant monies in the amount of approximately $300,000 would be appropriated to the city.  However, the amount has been increased to $855,903 so part of the matching funds has not been budgeted in the current year.  Marine stated that he did not think that this should be an issue since any large purchase that had not been budgeted in the current year would not be purchased until the next budget year.  On a motion by Commissioner McClure, second by Commissioner Brackins, it was unanimously approved to accept the grant agreement as presented.

Approval of 5309 grant with Tennessee Department of Transportation to purchase a mini bus for trolley department was presented for approval.  Transportation Director Marine stated that the City of Nashville was allowing the City of Pigeon Forge to use one of their options to purchase a mini bus from their contract and vehicle specifications.  Marine stated that this has also been approved by TDOT and that the cost of the mini bus will be $67,010.  On a motion by Commissioner McClure, second by Commissioner Reagan, it was unanimously approved to purchase the mini bus as requested.

Authorization to purchase Phase I of I.T.S. (Intelligent Transportation System) as per Tennessee Department grant approval in 2006 was presented for approval.  Transportation Director Marine stated that this would help with the ADA responsiveness as well as having a reader board at the trolley hub to identify the locations of trolleys.  Marine stated that it was estimated that equipment would be put on approximately 16 trolleys.  On a motion by Commissioner McClure, second by Commissioner Brackins, it was unanimously approved accept the purchase request as presented.

Manager’s report included the following:

1.      There will be a beer board meeting on February 16, 2007 at 2:00 p.m. in the council room of city hall.

2.      The trolley department is having its dinner on Friday February 16, 2007 at 6:30 p.m. at the community center.

3.      A public hearing will be held on Ordinance No. 820, 821, and 822 on March 12, 2007 at city hall in the council room at 5:30 p.m.

4.      A Planning Commission meeting will be held on February 27, 2007 in the council room of city hall at 5:30 p.m.

Mayor Chance asked for comments from the floor or Board.

Glen Miller discussed his concern for potential flooding on Waldens Creek Road .  Sunshine Miller handed out pictures of flooded Waldens Creek Road while Mr. Miller discussed the nature of the pictures.  He stated that the pictures show problems that have happened due to the filling of dirt.

Mr. Miller stated that his concern is that emergency vehicles and individuals going to and from school may get stranded.  Mr. Miller noted that Ordinance No. 597 was passed in May 1999 annexing Waldens Creek and showed a worksheet from TDOT dated January 3, 2000 of when work was started.  Mr. Miller said that he wanted something done to stop the filling or the city was going to have a class action lawsuit if the problem was not fixed.

Mayor Chance asked City Attorney Gass for direction.  City Attorney Gass stated that he would look at what options were for the city. 

Curt Jawdy with Michael Brady Architects then stated that work had been done in accordance with applicable laws.  He noted that a flood plain is where water is going to rise up to in a specified storm event such as a 100-year flood.  A flood way would be when one puts fill in the flood way, there is going to be an increase in water elevation on upstream neighbors more than 1/100^th foot.  However, if one stays out of flood way, the model says that water will not affect neighbors.  In addition, the property has been staked and there is no fill going into the flood way.

After general discussion, City Attorney Gass stated that he would look into the matter to determine liability for city.

Leland Wykoff asked if money exchanged hands from the settlement with Smoky Mountain Sales, LLC.  City Attorney Gass stated that the city would not have to pay a settlement amount.

Leland Wykoff asked if the store could remain open in the same location.  City Attorney Gass stated that the business would be allowed to remain open according to the settlement.

Leland Wykoff asked what the long-term goal is to develop the M-1 zone such as any plans for a business park.  Community Development Director Jagger stated that part of the objective was to bring in existing uses such as the compost plant, landfill, and armory for approximately 165 acres.  Jagger stated that water and sewer are there but he was not aware of any current plans for something such as a business park.

Leland Wykoff asked if a new business could open on the parkway.  City Attorney Gass stated that specific criteria had to be met regarding the licensing ordinance and also zoning ordinance if approved before being considered.

David Broyles asked if M-1 zone could open with larger inventory.  City Attorney Gass stated that the party would have to comply with the rules in place.

David Broyles asked about possibility of getting water relief and possibility of sewer.  Mayor Chance asked Mr. Broyles to speak with Public Works Director Mill after the meeting.

Mayor Chance recognized Tony Watson as new fire chief.

Mayor Chance thanked everyone for coming.

There being no further comments, and Mayor Chance offering a closing prayer, the meeting was duly adjourned at 7:15 p.m.

                                                            APPROVED: _____Ralph E Chance_____

                                                                                                 MAYOR

ATTEST: ______Dennis C Clabo_______

                         CITY RECORDER