1981

ADMINISTRATION

Mayor W. A. Nance, Jay Kahn (Vice-Mayor), Aldermen Boyd Arthur, Jr., Wanda Goodman, Richard McNeese and Bob Oelke.
Ike R. Clinton was appointed City Judge replacing Glenn L. Millar, Jr.; and Henry M. Beaty, Jr. was appointed City Attorney replacing Lee Winchester who served in this capacity for fifteen years.
The Board approved a contract with Cable Television Information Center for the CATV franchise.
The Board reappointed Olen Batchelor as Assistant City Attorney and Advisor to the Board of Zoning Appeals, Thomas C. Cates as Assistant City Attorney and Advisor to the Parks and Recreation Commission, and to appoint Jack Smith as Assistant City Attorney and Advisor to the Design Review Commission.
Alderman Goodman suggested that the Board meet each Friday morning at Sambo’s for a Dutch treat breakfast in order that the members could become better acquainted. Citizens were invited to attend.
Mayor Nance read a letter from City Attorney Henry Beaty, Jr., concerning the powers and duties of the Mayor. In part, the later states: “Basically, the Mayor serves two functions; he is the Chief Executive Officer of the City and responsible for the administration of the City through all of its many facets; and he is a member of the Board of Mayor and Aldermen as provided by the Charter”. The creation of the job of City Administrator is contained in the job description by Memorandum of May 19, 1980, and the Statement of Understanding dated May 26, 1980. Administrative responsibilities are further spelled out in Policy Letter No. 17, dated September 8, 1980.”
“With this rather lengthy background as to the historic provisions of both the Mayor and the Board of Mayor and Aldermen, it is my basic opinion that the Mayor as Chief Administrative Officer, has the duty of day to day directions of all departments of the City; the responsibility of performance of all department heads and the further duty to carry out the policies set out by the Board of Mayor and Aldermen, of which the Mayor is a member.”
“The duties of the Board of Mayor and Aldermen stated concisely are: (1) to be the Legislative branch of the City government; (2) the maker of policy to be followed by the Executive Branch; and (3) in its capacity of handling all moneys to be expended by the city, the Board of Mayor and Aldermen has the right to make inquiries, to be fully advised of activities of the various departments of the City and if necessary to make investigations leading to passage of ordinances, levying of taxes and performing all of its functions as provided by the Charter.”
“The Board of Mayor and Aldermen in its Legislative capacity, consists of the Mayor and the Aldermen together. The Mayor as Chief Executive Officer of the city, has one function, and as a member of the Board of Mayor and Aldermen joins with the others in forming the Legislative branch of the government. While the Mayor basically presides at all meetings and except in the event of a tie, does not vote, the Mayor is properly a member of the Board of Mayor and Aldermen, the Legislative branch of the city government.”
The specific matter arising for consideration involves the control of the acts of the City Administrator. Under Policy Letter No. 17, the following language is found: “The City Administrator is subject only to the direction of the Mayor under the policies established by the Mayor or by the Board of Mayor and Aldermen.”
“The City Administrator is subject to direction by the Mayor as Chief Administrative Officer and he shall serve at the will and pleasure of the Mayor. Either the Mayor or the Board of Mayor and Aldermen shall establish policies to be followed by the City Administrator. Policy Letter No. 17 and the Memorandum of Understanding with John Minton both contemplate a harmonious relationship between the Mayor and the City Administrator and the Board of Mayor and Aldermen and the City Administrator. There is an overlapping of authority with regard to making policy, but not with regard to the carrying out of policy. The Board of Mayor and Aldermen makes policy; the Mayor makes policy and the Mayor directs the carrying out of the policy.”
“There will always be areas of overlapping between the executive branch of government and the legislative branch of government in any democracy. This is not a bad thing, but rather an area where cooperation between the two can best be utilized.”
“It certainly is the duty of the executive branch to keep the legislative branch advised of events so that proper ordinances may be passed if necessary, and the legislative branch has the duty to allow the executive branch to administer under proper policies the day to day operation of the city.”
Ms. Patti Thompson, Chairman of the Cultural Arts Committee, requested permission to use the People Street area and the Council Chambers for a “Celebration of the Arts” on May 24, 1981. The visual art would be displayed in the People Street and the theatre arts would be presented in the Council Chambers. The request was granted including a financial contribution up to $100.

A motion was approved that the Board pass a resolution encouraging the Shelby County delegation to pass legislation that would allow the voters to decide by referendum whether or not pari-mutuel betting will be allowed in Shelby County.

The Joe Gagliano Memorial Run, sponsored by the Rotary Club, was held on April 26, 1981.
A motion was approved for the agreement with Shelby County for use of the landfill at the Shelby County Penal Farm. The landfill charge was increased from $.60 to $.80 per cubic yard.
The Board congratulated the Germantown United Thunderbirds (GASA) for winning the State of Tennessee soccer championship for boys under 16 and wished the team continuing success in its pursuit of a national title.
The Board was advised that the proposed Germantown Branch Library, to be built by Shelby County on the site provided by the city, is to be approximately 10,000 sq. ft. in size, and that the size needed for the proposed population of 40,000 would be 24,000 sq. ft. in area. The County’s budgeted amount remained at $590,000; and, if Germantown wanted a larger building, an additional $150,000 to $200,000 must be appropriated by the City. Mr. Robert Croneberger, from the Shelby County Government, advised the Board that $590,000 is all the county is going to appropriate this year or next. The Board agreed that, as the proposed library is a county project and would serve not only the City of Germantown, but also the area in the county around us, no additional funds would be appropriated, the topo should be upgraded, soil tests made and that the City Administrator should contact the architect to get the construction underway as quick as possible.
The Board was advised by present City Administrator, John W. Minton, in February, that he felt that it was best that he look for the opportunity of another job elsewhere and asked the Board to look for another City Administrator. The Board approved a “Statement of Understanding”, regarding the employment of Mr. James N. Holgersson of Davenport, Iowa, as City Administrator.
The Board approved Dowden, as the City’s cable provider. The Cable TV Committee’s recommendation, Tennessee Entertainment & Information, Inc., was not chosen. Cable Television Information Center Associates served as a consultant in the selection process.

DEVELOPMENT

The residents of Hidden Glen Subdivision and Moore Road, represented by Jim Arthur, petitioned the City to refrain from opening Moore Road at its intersection with Stout Road, stating that the opening would serve no useful purpose and would create a nuisance with students using it as another outlet from the high school.
The revised Zoning Ordinance No. 1980-3 was adopted by the Board and included a new residential estate district, planned residential district and a flood district. Don Pallin, Chairman of the Planning Commission, spoke to the efforts of the Planning Commission to amend the existing ordinance. During the discussion, Bruce Taylor commented on the accessory building sections of the ordinance with a concern for the ability of a homebuilder to construct housing which would require the extension of a garage or carport into the required rear yard. He asked that the ordinance be amended to allow for the extension of a garage or carport ten (10) feet into the required rear yard. Richard Gregory, builder, felt that the ordinance as written would lead to the construction of garages and carports that face the street.
Mr. John Gregor and Mr. Clark Odor of the Memphis and Shelby County Office of Planning and Development requested a public hearing to review proposed changes to the County-wide Major Road Plan. As part of the presentation they addressed the overpass which was planned for the railroad crossing at Hacks Cross Road and Poplar Pike.
Ordinance No. 1981-15 was approved stating that appeals to the Sign and Fence Ordinances would go to the Board of Zoning Appeals for review and action, rather than to the Design Review Commission and/or the Board of Mayor and Aldermen. This appeals procedure more closely follows the requirements of the State enabling legislation.
Ordinance No. 1981-14 was approved amending the Motor Vehicle and Traffic Ordinance to include a section prohibiting parking of trailers and/or recreational vehicles on public streets.
The Germantown Baptist Church asked that they be allowed to paint one or more crosswalks on Germantown Road for the use of members, especially on Sunday mornings. The motion was denied. The consensus was that this crossing was done at the base of two crests and that this was a potentially dangerous intersection. The Board suggested that Administration pursue the possibility of using warning signs, possibly portable, to assist in alleviating the problem.
The Board discussed the screening of double frontage lots along major streets, particularly the maintenance. Mr. Joe Woodward, member of the Design Review Commission, stated that the easement or section of land between the fence and the street on double frontage lots was the property of the lot owner, who could be required by ordinance to maintain the section. It was the consensus of the Board that enforcement of the present ordinances should be “stepped up” to improve any eyesore.
A motion was approved to accept the City Engineer’s recommendation on the speed limit for Poplar Avenue, which is to maintain the speed limit of 40 mph on Poplar Avenue from the western City limits to a point 1,000 feet east of Forest Hill-Irene Road, and to raise the speed limit to 50 mph from that point to the eastern City limits.
A motion was approved to expand the operation of B & H Kennels, at 8659 Poplar Pike, to thirty-six (36) dog runs, and that the permit allow the kennel operation to be extended for five years, and that the permit may be revoked at the will and pleasure of the Board.
It was felt that the city is subsidizing development when it participates in the paving cost, so a motion was approved to rescind a previous action taken on February 23rd when the subdivision development contract was changed to provide for the city paying for 2” of the asphalting of streets in new subdivisions. Therefore, the provision that the city would pay for any part of the paving was deleted.
The Design Review Commission asked the Board for guidelines in whether or not they should review work performed by the city. While Henry Beaty, City Attorney, advised the Board that government-owned property is not included in the ordinance for the Design Review Commission and that any presentation to the DRC in the past had been a matter of courtesy. It was the consensus of the Board that all governmental bodies should go before the Design Review Commission.

ENVIRONMENTAL SERVICES

The Board approved the purchase of a parcel of land at the northeast corner of the Public Works property as an access across the railroad tracks to the Water Treatment Plant on Southern Avenue. The railroad agreed to the private crossing. Mr. and Mrs. Garnet Trosper owned the land.
The Animal Control Commission asked the Board to approve temporary improvements to the animal holding area on the horse show grounds. Part of the cost of improvements would go toward cages that could be used when the new facilities are constructed as part of the Public Works Complex. The motion was approved.
The following procedure was established by ordinance for the collection of refuse in the city:

Collection Schedules and Requirements

The city will provide the following services:

Once weekly, as nearly equally spaced as possible, back yard collection of an unlimited amount of residential garbage.

Once weekly, as nearly equally spaced as possible, rear collection of garbage from commercial establishments generating from one (1) gallon through three hundred sixty (360) gallons of garbage per week.

Once weekly, as nearly equally spaced as possible or more frequent as demanded by seasonal variations, collection of garbage and refuse from public trash containers placed on public property by the city.

Once weekly collection of bagged leaves, trimmings and cuttings and loose brush no larger than three (3) inches in diameter and five (5) feet in length which are placed adjacent to the property line from which collections are normally made.

Twice weekly, as nearly equally spaced as possible, collection of garbage from central collection containers in those multi-family residential projects that have a central garbage collection area approved by the Germantown Design Review Commission.

Christmas trees placed adjacent to the front property line during the Christmas season and until February 1.

Planned shopping centers and malls shall provide central garbage collection areas approved by the Germantown Design Review Commission, and shall be required to provide at least twice weekly their own garbage and refuse collection service using centralized systems.

Commercial and all other establishments generating more than three hundred and sixty (360) gallons of garbage and refuse per week not within a planned shopping center or mall shall also be required to provide their own collection service using centralized systems at least twice weekly, unless permits are obtained for once weekly collection where appropriate.

The Board considered the selection of a site for an elevated water storage facility. A site near the Germantown Middle School was considered the most feasible. Homeowners in the Germantown Park Subdivision voiced strong opposition to the preferred site and to elevated storage. Their comments related to the aesthetics of elevated storage as opposed to underground, to the effect elevated storage would have on the value of their property and to the potential danger to the school in the event a tornado or earthquake caused the tower to fall. The Planning Commission supported the Middle School site. Mr. Jay Hollingsworth, Acting Water Superintendent, stated that the elevated storage tank would be more economical to maintain and would be more reliable. The Board moved to consider in detail the feasibility of an above ground storage facility and to consider additional sites which would not have a negative impact on an already existing subdivision.
The Board was presented plans for the new Public Works Complex by Mr. Robert Hall, architect.

FINANCE

Cogebec Information, Inc. converted the Shelby County Data Center utility billings master files to the Wang VS system.
Ordinance No. 1981-19 was approved establishing the real and personal property tax rate at $2.16 per $100 evaluation.

FIRE

The Board accepted a donation for the Fire Department of a “thumper” from the 100 Club of Memphis. A thumper provides cardiopulmonary resuscitation to heart attack patients.

PARKS AND RECREATION

The Board approved Ordinance 1980-17, re-establishing a unified Parks and Recreation Commission.

The following individuals were appointed: Dr. Carl Cutting (Chairman), Elizabeth Ann Donnelly, Everett Metts, Jr., Tom Brockwayk, Hal Tunstall, Clyde Ballard, Jim Brooks, Ray Glasgow, Erlene Kirwen, Jim Dees, Nancy Schuback, Ron Fisher, Dick Watson, Bob Oelke, and Jerre Turner (ex- officio).

The Board was approached by the Heritage Woman’s Club in regard to refurbishing and acquisition of the depot. Mrs. Arthur Thorsberg was present to discuss this matter. All preferred that the building remain where it is, but the primary goal was to preserve the building. Mayor Nance appointed a committee (Mrs. Thorsberg, Ron Schmied, Chief McCall, and the City Administrator) to work with the Southern Railway in trying to acquire some of its right of way, if the building is purchased; the possibility of obtaining a lease which would allow the building to be used for something other than storage, or to try to find another location for the building.
The Germantown Welcome Wagon donated playground equipment to establish a tot lot in the Municipal Center Park.

PERSONNEL

A Classification and Compensation Study for the city employees was approved. The last study had been done in 1977.
A motion was approved to accept the employee benefits package as presented by the Employee Benefits Committee and very strongly urge that we find the proper consultant to put this package into motion and properly follow it through until such time as we have a good on-going program, that will include the revised policy letters and the expenditure of up to $3,000 for the communication of the program to the employees.

The Board approved suggested revisions to existing Policy Letter 6 in the area of overtime work and compensation per the recently completed compensation study. The recent study also suggested that a policy letter be developed to establish guidelines for part-time employment.