City settles lawsuit over house damaged by flooding

Darren Dunlap

The city of Maryville is buying a house damaged by flooding from a culvert in the Cross Creek subdivision.

The Maryville City Council approved Tuesday a settlement and purchase of the house for $350,000.

John and Jane Southwood, Oxford Hills Drive, Maryville, filed a lawsuit against the city of Maryville on Aug. 6, 2004, charging a city-maintained culvert resulted in flooding on the lower level of their house, causing "substantial damages." The suit listed two dates -- March 17, 2002, and Aug. 7, 2003 -- when the house experienced severe flooding.

A portion of the settlement, $300,000, will be paid by the city. The remaining $50,000 will be paid for by insurance through the Tennessee Municipal League.

City officials agreed to purchase the easement and the house, converting the lower level to a "crawl space." The basement will be stripped of furnishings and returned to bare concrete walls and floor to mitigate any damage due to potential flooding, according to Pam Arnett, Maryville public information officer.

"It will at times have the possibility of flooding," said Arnett.

Disclosure of flooding will be given to buyers of the property, and new owners will sign documents with the city acknowledging the flood potential, according to Arnett.

A January 2004 study of the subdivision culvert by a Knoxville firm recommended multiple box culverts to reduce the flood levels at the Oxford Hills Drive house.

In other actions, City Council members:

* Planned a work session about the Maryville Animal Shelter.

During the public comment period at the beginning of Tuesday's City Council meeting, a volunteer with Animal Rescue and Fostering Networks (ARFNets) presented the nonprofit's concerns about the shelter, which takes animals from across the county.

Yeager mentioned concerns about lack of space, lack of air conditioning in the summer, hours of operation and lighting. The Maryville animal shelter isn't "public friendly" and it needs better signage as well, he added. He pointed out that the euthanization rate was 76 percent last year, and offered ARFNets help in resolving some of the issues raised.

ARFNets (arfnets.org) helps find homes for animals so they are not euthanized.

"We're hoping the City Council and County Commission would meet with us to see what we can do to make it a better place," Yeager said.

Maryville Mayor Joe Swann suggested the work session, but no date was set.

Maryville Police Chief Tony Crisp said people drop off 2,000 animals a year and agreed that the euthanization rate was high.

"It is an alarming problem that we have to euthanize that many animals," Crisp said.

Crisp has requested $50,000 for the 2006-2007 fiscal year to make additions to the shelter. Maryville officials will meet 8 a.m. Friday in a budget retreat at the Maryville Municipal Center to consider city department requests for next fiscal year.

Blount County contracts with Maryville for use of the shelter and officers provided by the city. Alcoa provides animal control officers, but the city of Alcoa pays a boarding fee for the animals brought in by Alcoa animal control officers.

* Approved on second reading an ordinance amending the fee section of the city Land Development Regulations.

* Approved amendment of the city's annual budget to include an additional $1 million for the Industrial Development Fund. The bulk of the funds, $750,000, were marked for the DENSO expansion.

* Hensley announced Maryville was recognized for its 25th year in the Tree City USA program.

The program is sponsored by the National Arbor Day Foundation in cooperation with the National Association of Foresters and the USDA Forest Service.

The city was recognized by state forestry officials at an annual Arbor Day celebration Tuesday at Maryville Intermediate School.